The New York Herald Newspaper, January 8, 1869, Page 5

Y NEW YORK CITY. THE couRTS. UNITED STATES CIRCUIT COURT. The Dupay Whiskey Case. Before Judge Benedict. Pne United Siates vs. Moses Dupuy and Jacob Dupuy.—The defendants (brothers) in this case are Indicted for that they did, on the 15th and 16th days of May, 156%, knowingly and wilfully rescue and ald in Rescuing fifty barreis of distilled spirits from a dis- tillery in Forty-fifth street, which was at the time ‘ander seizure by and in possession of a collector of interna! revenue for alleged violations of the Internal Revenue law. Mr. Bell, Assistant United States District Attorney, pened the case for the government, detailing the points of testimony which he would present from the ‘Mpe of the witnesses. ‘The accused are defended by Mr. Knox, of the firm @f Fullerton & Knox, and Mr. E. D. McCarthy. TESTIMONY FOR THE PROSECUTION. Henry L. Jewett, a revenue inspector, deposed that he knew the rectifying distillery on Forty-filth @zreet; these premises he seized, as a deputy collector, on the 1ith May; on the 13th or 14th turned over tne mor den i‘ house to Collector o Callaghan: on the 14th ‘tters handed to witness) wrote these letters. be sa he property was in the rectifying house wate you turned itover? A. Fifty-three barrels of gpirits and about 2,000 gallons, as we estimated it, in ene ‘us in all about eighty-two barrels by Mr. McUarthy—Mr. Field was the Collector of Sixth district, where these premises were Sotmmiasioner my * eommission as revenue inspector authorized m to make selzuies out of own district ine Sixth re : poe py SR ents ain was on the premises at as the ostensible owner us 1 under- stood; mmended that the rectiving. ment ould nut be libelled; the whiskey was in the fectifying house; saw the defendant, Jacob Dupuy, the morning of the seizure; knew there was @ reve- mue have made a few seiz- ures from information recelved from orale paren ‘it is customary in such cases to give the rmer some of the proceeds from such Q. Do you not know that Dupuy was employed by @arter to give him, as revenue oiticer, information on ‘Which seizures might be made and were mude Mr. Bell objected to the Lean McCarthy explained the of the question to ‘show that Dupay aso was Gupianed i by Carter to give fmformation of licit acts on the part of rectifying distillers that might lead to seizures, and to Ww 01 ‘hat it was in consequence of the eat that Dupuy was seen by the witness ‘at the distillery in qumten on the mo. of the seizure, need thought question immaterial, but A. Saw a tg neighborhood of the distil- Jery; it was on Forty-fourth street; had a few words of conversation. Q@. Did you ever receive any information from Bupuy upon which you ever made a seizure? A. oe Mr. Bell—What egeireran ion: had you with Dupuy that morning? A, | was walking from the @istultery with Marston when I met Moses Du} wy ‘Marston asked him where he was going; he sat Was going over there for some lobsters and witiakey? 3 Marston said, “We bave got all the lobsters anc Whiskey to be had this morning, and you may as ‘well co home.”? Wu. P. Wall, clerk in Collector O’Callaghan’s ofice, testified "to the rectifying establishment re- ferred to having been turned over to Collector 0’Cal- Pern iS O'Callaghan a ke rin charge on #e of May; cy the ti the Collector ordered its t6 be removed—cighty barreis—to the bonded warehouse; witness went to the distillery that morning; say ol hty barrels there, which were removed ne sal Bernard Bern: revenue {1 inspector in the Ninth Gistrict—Was on t Forty-flith street, after their seizure, thé 16 eth of of May; Mr. O'Callaghan Girected him to go there and to superintend the re- ated ol the spinite to the bonded warehouse; found phan Sie ordered trucks and saw the removed to bonded warehouse m Fifty-fourth mre thinks the barrels were gat witness was not cross-ex ‘Thomas 0 Collector of the Ninth collec: tion district, tes! bis Liye in charge the at Forty-fifth street; received 1b and it on the 14th, ‘and had it removed to & Bond tego reer Lee ern ‘Leth; su ota, lb ‘the sane barrels of y that ever to him that were re temuved to tue bended ware Samuel Frazee, truckman—W% LM yy ed Move whiskey on the 16th of pone “distillery en Ferty-fiith street; removed some on the 16th and gome on the 16th, retin ye Saturday: don’t know who engaged him; ved orde! ride some Ealiroat; the other tacks ae oy an left thei Bot to the depot; we Sey ae aa athe feared morn eae: Hi the building as befor ed that morning Je 0 a as before; remov m ‘about fifteen or sixteen barrels, Q Whogave you directions as tothe removal of ‘these barrels, where you To get and where you wonid deliver them? A. I think | received the orders im the oilice. ‘Cross-examined—Don’t recollect geing into this a@atiery on elther gan Q. win you swear that you saw any barrels of if 8 z whiskey cred aie that tire A. ote) piece was not paid for 3 it Yass roctifyin py were morning; a \ ‘tha: hour, an understood the order to mean Blatsdell’s distillery in Forty-iifth street; removed from the Bere = day before; it was on fected; Chere Wak BORING SHA Co we 8s to Whe ‘would be at the distillery on either occasion. By Mr. ad Be —Am quite sure ‘that eee eaiied on ge em inger and Blaisdell a Viously given me directions ous to send the trucks; was Ero for my work in the matter he Leipsiger; don’t w who Leipsiger ts; do 1 mentioned Dupuy’s name at my exhmnination or in my affidavit. {Adiuitted by defeadants’ counsel Dupuys ‘Were present at the recufying distillery at the re- mt 8. "priaag” that Binis i Leipsige was on Friday Inger and Leipsiger called; Blaisdell came afterwards on the same day; Duyay said nothing to me about the way bili that I Sy 5°] he might have spoken of it. By . Bell—) er came to my office before wit aon Friday; | don’t think that at my interview pay that any reference was made to Bininger ious jutier, truckman, examined—Carted some barrels of whiskey from the distillery in Forty-ffth #irect avout the middle of May last; carted on two @ccusious in that month; Friday and Saturday; wit- ess went hituself on oth occasions; went to the 3 on Friday morning about four o'clock, and on following morning at three o’ciock; an order was leit at my stables for the trncks, and | sent them according vo order—that some stuf was to be carted from the distil knew the Dupuys; saw 1@ Bride» mornine. rty. 9° Ries, ieirsen,. Vag’ “and 7 owe OL See . a a wer took away. fifteen barrels “on “the two trucks ea ay morning; carted them to Fifty-fourtu wtcvet and Fourth avenue and shipped them’ on the Taijroad cars; on the Saturday, when I was carting the «tut, saw Jake Dupuy again, near the same lace; the first | saw of Jake that morning Was when rode up; I saw hum talking to @ policeman; when t tame up the policeman stopped me; Dupuy said to the policeman, “it's ail right; we Were then taken ‘to the station house and 1 was locked up, Cross-examined—From where Jake Dupuy was @andng he could not see barrels taken out of the @istilery. bernard Tully, a police officer of the Nineteenth Prechiet, examincd—Was on duty near Forty-fifth siree, on the morning of the eth May; saw trucks golvg down to the distillery; this was about half. part two o'clock; ‘aw dake Dupuy about the same ime that morning; Dupuy came over to where I ‘was standing, and asked me what o'clock It was; I wok! him about half-past two; there were several Trucks at the distillery about the same time that morning; some little time after the tracks went down hey came up the street, when { went over aad asked them what they had on the trucks; the men said whiskey; asked them where they were penning it to; they replied, to the Hariem rail. ; told them the best thing they could do would bens to'zo to the siation house; Fuster, ie previous Wittioss, Was one of the trackmen, he tried to and said to binuf me off; jaxe Dupuy then came w Batier, “Let Joue; let him take the whiskey to the station and | will make it all right there,” I then = oned other policemen, aud we drove the tracks stacion louse, Fame 4 F. Dessendorf examined—In May last was nominal proprietor of the reotitying distiliery, Forty. ath Sariety rewomber the morning of Friday, the 18th of May; that morning the defendente—the two Dupuye—were at the rectifying distillery; some tracks were aiso there, On Which whiskey Was car- ried away. How mony barrels by ht mad Rag? ong ‘on those tricks and carted off on Friday? Q wanuel Feotity ing distillery og = under @ How many barrels of spurte were w weigure NEW YORK HERALD, FRIDAY, JANUARY 8, 1869. —TRIPLE SHERT. Were the fifty barrels of whiskey removed on of the lot under seizure? A, Yes. = wees helped in ce ‘of the ime nl Mote a ‘~ Wicass was talsinn © leave Dupuy some horse. key; the whiskey was removed between the hours of three and four both mornings; did not count the humber of barrels removed morning, but think there were thirty-two removed; after the wett eee Sra wee, ran into the rec- tifying house from the distillery through a pipe to replace the spirits that were removed; about fift; barrels were run in in this wi may on Fries, soon to replace the spirits removed; don’t know iow much was bro! in in this way on Saturday, Cross-examined by Mr. McCarthy—Was under in- dictment, but it ee in connection with this affair; @ nol pros., I believe, was entered in case; nO Inducement of say kind has been held out to me to come here and testify; received no money for coming here, but expect regular witness's fees, ‘The witness was cross-examined at S areas Jength, but pesning 90 additional of importance was elicited. The hour for adjourning the court having arrived Judge Beneldct said that he would have to adjourn the case over till Saturday morning next, as to-mor- row al the regular day for hearing motions in ‘THE BAIL OF DEFENDANTS INCREASED. ir. Bell then applied to the Court to have the bail ra Se) defendanis severally increased from $1,500 to ae nec the The Court pets erry motion defendants was ordered to ys motion. , and the bail of the increased accord- unre STATES DISTRICT COURT. “The Stevenson Case. Before Judge Blatchford. The United States vs. Vernon K. Stevenson.—This case has at last gone to trial. After the check re- ceived by the United States District Attorney on Wednesday in proceeding with the case then on pro- posed amendments to the original libel, which ap- peared in yesterday’s HERALD report of the case, the Prosecution has abandoned the new ground it had at first chosen for the contest and taken up still another new position, which, it is supposed, will contract the field of operations. Mr. Courtney withdrew his mo- tion fo extend the time in which the cotton alleged to have been converted by Mr. Stevenson was so converted, and relies asto that tion on the original time included in the libel. 2 ee yal ground in addition thereto ts the law prohibiting the sale or transportation of cotton in the South and the purchase thereof by gold or silver by any person on pain of the forfeiture of the prot Mr. Simons, Assistant District Attorney, opened the case for the government at great le: occupy- ing the attention of the eat length 9 pias for upwards of two hours, His argument was very elaborate, going over to the Court the whole ground presented by the legal courts in- volved, and the authorities and Follies eS to his view of the case. He also read he jury voluminous mass of testimony taken by Gees #5100, @ great portion of which he said wouid ,be substan- tlated by the oral testimony of witnessés whom he bein put on the stand in the course of the trial. ir. John E. Ward and Mr. Clarence Seward are counsel for the defendant. The trial of this case, which involves property valued at $800,000, promises to be hardly contested and exciting. It is expected that it will occupy the court for several davs, unless some jaw point is raised by defendant's counsel. At the close of Mr. Simon’s address the court ad- jJourned till this morning. SUPREME COURT—CHAMBERS, The Merchants’ Union Express Robbery Again—Renewal of Motlon to Discharge Brown. Before Judge Ingraham. Ross, President, &c., v3. Putnam W, Brown.—This is the suit brought by the Merchants’ Union Express Company for the recovery of $130,000, which they allege was stolen from one of their cars in May, 1868, through the defendant’s complicity or connivance with the actual thieves. Brown was the plaintiffs’ messenger in charge of the funds. He was arrested and held in default of ge in $150,000, That amoun', was reduced to $50,000, and case has since been before the courts in several forms, the particulars of which have be already fully reported. ‘Yesterday it again came upon a renewal of motion, first to di defendant withou: bail, or, second, wo ead the amount from $50,000, as the defendant claims to be almost without means or security of any $2 Seerpon. He has been in jail since Septem- Court reserved its decision. dk Merchants’ Union Express Company Case— Injunction Against Transfer of Stock. Blatchford vs. Ross, Fargo and Others.--In this case, ‘which was before Judge Cardozo at the special term of this Court on Wednesday last to show cause why the appointment of a receiver should not be vacated, was brought before Judge Ingraham in Chambers, and on motion of counsel the following injunction was granted:— Ata of the Supreme Court of the State of New Yorke} held at the chambers thereof at the City Hall, in the city of New sore on the 7th day ef ge se canes . Ingraham, Justice, Ainore James W. Blatchford, plaintit, ede more William H. Seward, Jr.; Beardsley, john H. Knapp, Henry W. pal ciinton T. Hacks Elliott G, cane: a A. ir., Theod . Pomeroy, Elmore I. Ross, creet of the. Merchant's Union Express Com- pany, and Wiliam G. Fargo, President o! rhe A Ameri- can-Merchants’ Union E: Company, defendants, To the defendants and each of them:—It appearing satis ly to me by the verified compiaint herein and affidavit of William ©. Williams that regen rounds aa an injunction by order that, until the ee oon of this Court in the premises, the beet above named and each of them, their agents and attorneys be and are hereby restrained = enjoined from mae oe carry’ into effect or ye San fa or consolidation of the sald Merchants’ Union Express cy with any other company, person or persons; tl ne said de- fendants, TORS, Seward, Beardsley, Knapp, Slocum, Backus, Storke, Green and Pomeroy, and the Mer: Y, agents, restrained and enjoived from making any conveyance or transfer in pursuance of any con- solidation Ste, ec or of any of os prone v8, pro- perty, right hises or Gaon w e 8O- catted ae rican rege roomnaly Umon op pany person ons, That the aid Atmerisan Merchant Tnion ‘press Company ie restraimed and enjoined from receiying Sgn is eZ ‘operty, rights or fran- shines 4 a m using ro iene a press Company, enjoying any _ all property, fights and franchises which = be or may have heen conveyed or transferred to {! by the said Merchants’ Union Express Company, or b virtue of the said consolidation or merger, as is jleged in said complaint, hig-y the said defendants, Ross, Seward, Beards- ley, K Knapp, Slocum, Backus, Storke, Green and Pom- eroy, ant he said Merchants’ Union Express Compa- DY. its officers and agents, are restrained and enjoined from collecting aud enforcing the payment of the said Jast called assessment of five dollars per share upon the outstanding capital stock of the said Merchants’ Union Express Company, as is alleged in said com- = and let the said defendants show cause be- lore me at a special term of this court, to be held at the chambers thereof, at id City Hall, in the city of New York, on the 18th of January, instant, at twelve o’clock noon of that day, or as soon thereafter as counsel can be heard, why this injunction shonid nov be continued during the pendency of this action. D. P. INGRAHAM, Justice, STRONG & SHEPARD, plaintiffs’ attorneys. SUPERIOR COURT—GENERAL TERM. Introduction of Judge John J. Friedman, Ap. Governor Hoffman—Rewarks or ibhateatiomnomentves TS Judge Garvins te than nas, 1 Before Judges Monell, Jones and Fithian. Indge Garvin, who has so lately retired from the bench of the Superior Court, appeared before the bench yesterday morning for the purpose of imtro- ducing his successor, Mr. J. J. Friedman, to his associates on the bench. Judge Garvin said:— If your Honors please, it is with mingled feelings of joP and sorrow I come before this branch of the , court for the first time in my life as @ member of the bar, never having appeared here as counsel in any cause—only and always as @ member of the court. My judicial life began in the General ‘Term with our lamented Chief Justice as one of my associates. It ended in the General Term, where he presided. The first and last time I sat in court (with a single = tion) was with him. He has gone. labors are ended. He was a0 upright man, & pure and learned one in whom his associ- ates had confidence, and Ce whom we leaned heavily for aid in all doubtful cases. We know how true and faithful he was to his trust. lightly upon hia ashes.” He wasa Sust judge, a good id zen and an honest man. Peace to his memo- ry. 1 trust his successor may be ike hom I he pleasure of presenting to you Jobn ‘3 rledman, [a successor upon the Le of ‘con aes him x hae will, jou! a waling rer. jonors know ee meu task be Ane le he e rigged, which tne sun. un ot, your yourend his ition mites high and f4 off, yet it has been reached by the de. parted, May it be your high honor and } summit, and there stand with Mager be Jones and Rol ts those as suceeed you. ry friends. be who are to not — discow you ‘will have the ex. rience of your Associates and their aga y/ aid, e elaborate preparation, great research and keen reasoning of the members of the the bar, A nobler body of men I ve never Bown — and re- ress sa aa i and Ysaetty an ‘are ant ‘Selon demat and tor nel one aod your success ls you will do, Lyih your Honors and you, my dca sr, every Tudge tot istered, amneroupon, Judge Friedman took his seat. REMARKS OF JUDGE MONELL. Judge Monell in said:—The service, Judge Garvin, which you have called upon me to render, while in itself of a most pleasing nature, is yet Lor oo | ‘with the regret which I and all your late panoctanen Zs feel that circumstances should have made it proper for you to sever your connection with a cond of ity for so long a time you Have been an Py eMcient and upright member. I concur fully in all you say with reference to the late Chief Jus- tice, W. sudden ana unexpected death left an- other vacancy, which, bape Bente na has been Barta atin eh ea ae oe ig the five y u, a me ry - pied @ seat upol this’ bene bear m, testimony that a your oy enavir an learning you have not only won the esteem and friendship of your associates, but you have also secured the respect and Seernaes of the public, = T have expressed at your loss from the greatly softened inasmuch as the mantle which you have laid aside has fallen upon one so ‘To you, therefore, Judge Fried- appointee took his seat on the bench. * coust oF COMMON PLEAS—-SENERAL TERM. Important to Merchanie—Damage to Freight in Transportation. Before Judges Daly, Brady and Barrett. Benjamin Gleadell, respondent, vs. Carl L. Reck- nagel, and Others, Appelants,—This was an appeal from a decision of the General Term of the Marine Court aMirming a judgment in favor of the plaintir ’m a suit brought by Howland & Aspinwall, the agents of the Celta (one of the London and New York line of steamers), im the name of her captain, to recover freight for certain nutmegs consigned to the defendagt, against which the latter claimed to offset the value of a quantity not delivered, The testimony showed that the cargo was properly stowed, teal wae Vosuee nacre, eee posing an on arr \¢ box cont 1e megs’ had been found to ve crushed by the roling oof sou ae ea the contents falling Laer the dunnage in the hold, where they were spoile by being soaked with of] which had leaked, and the bat tiffs recovered below on the ground that the vil & lading, which exempied the steamer ‘from damage from breakage, rust, mortality, insuf- her of address or ackage, di caused by heavy weather or pitching or rolling of the vessel,’ and P retamerny ao oi rou exempting ero any damage arising through msufiiciency in stre of packages,” A ‘he carrier’s common law famine from attachini ‘The appellant te that the burden lay on the plantar to show that the damage occurred by “perils of the sea;” that damage: by “‘pressure” was not such a peril, and that to establish it it must iP amrmatively and incontestably shown that the shifted; also that as the nutmegs existed in spec! fe the carrier was bound to deiiver them, whether spoiled or not; and also pe the carrier could not, by such broad’ and yee ee f stipulations as chose ontained in the bill of lading in question, practi- oa divest himself of all responsiblity. 1c respondent contended in reply that the right oft the carrier mit his ane by agreement to any extent was settled beyond discugsion, and that exceptions in the bill of lading were to be deemed agreed upen (citing many cases); that the loss hav- ing arisen from “rolling of the vessel,” a cause specially exempted by the bill of lading, the case of the Igenta did not apply, and that the nutmegs hav- ing been destroyed the carrier was under no obliga- tion to gather them up and deliver them to the con- signee, whether they existed in specie or not, The Court decided that to make the veasel lable under this bill of lading either. negligence or bad stowage must be shown; that the diferent clauses in the bill of lading distinguished this case from that or the Igenia, and that the proof was suilicient to show that the loss from one of the exempted perils and the vessel was conse- b rage not habie; that the law only im) upon carrier the duty of delivering spoiled articles when they existed in the same = ackages In which he received them, and did not oblige him to gather up nutmegs falien from the box in which they were shi and valueless, J ent affirmed with costs. Charles M. Da ee for appellant; George W. Wingate for respon- jen COURT OF GENERAL SESSIONS. Indictments. Before Gunning 8. Bedford, Jr., City Judge. The court room was crowded yesterday morning by lawyers, witnessesjand spectators. The first busi- ness in order was the reception of a large number of indictments presented by the Grand Jury, who, since they have been in session, have adopted the timely and appropriate suggestions given to them by Judge Bedford in his charge. It 1s expected that, with the efficient aid given to them by Assistant District Attorney Vanderpoe!, the Grand Jury will a @ great amount of business during the raiotant District Sag Tweed was in court, be yes eyed | ir. Garvin. ‘The itional panel of petit jurors, which was made returnable to-day, was called, and those jurors who presented legal excuses were relieved from attend risoners who were indicted were then ar- Bro. and the on pd of them pleading not guilty, were remanded for tri A HALL rata. Charles Forrest, indicted for stealing an overcoat valued at fifty dollars, on tke 11th of December, from the residence of N. Randolph Shedd, 41 West Forty- enghth eo peat gull ~ a) an attempt at grand larceny. He called to make certain inquiries, and while tine! pans left the hall he helped Iumself to the overcoat and ran away. ‘The District Attorney asked to have the prisoner remanded, as there was another charge against him. —_ Bedford said he would pass sentence on BURGLARIRS AND LARCENIES. James Wood pleaded gaity to an attempt at bur- —- im the thir degree. T indictment ¢ charged hat on the 4th of December he broke the window of the Sportaman’s establishment of Alired Woodham, 221 Canal strect, and stole a gun and a dozen of of pistols. The Judge said that sufteient leniency had oon extended to him in receiving @ minor and sentenced him to imprisonment in the J Prison for two years and six months. A number of cases on the calendar were postponed till Monday, on motion of counsel for the accused, material witnesses bein: en John Morrissey pl guilty to the bu irelario entering cad faee, store of W! a Nes ‘t _S Sauer street, on hae Lith of ‘ecem: . He stole fifteen dollars’ worth of wearing had never been arrested before before this any offence Judge Bedford dealt igntly vite him, sending the accamed to the State Prison for two ald Wilham Armstrong, who was cl with steal- ing $186 worth of cloth 2 the 3d of ber from the store of Messrs. 8. G. & P. Peed 87 Mercer street, pleaded guilty to lareet He was a clerk in the employ oi yo Judge Bedford sent him to the State Prison for eighteen months. William Corley, who was jointly indicted with Owen Geerty and Richard McManus, pl gality to burglary in the third degree. On the night of the 6th of December the liquor store of Morris Scwarte, 238 Elizabeth street, was broken into and fifty dol- lars’ worth of “wine’ stolen. Corley was sent to the State Prison for two years and six months. John Hennessy was arraigned ona charge of bur- glary and pleaded not guilty. Judge Bedford as signed Mr. D. A. Levien, Jr., to defend him. Onlendar for Friday, January 8. People vs. Charles Needman—Felony, assault. tery. Y. ah Ward—burgiary. silips—Larceny from persot aa Bliag Joseph Kothwchild— Larceny—second offence. Same va, Charles L. Howe—Bu _~ come va, Pyltems 1, Shaw~Bu; ayy. Levy Leopold—Grand Larceny. * Witten Murph y— Robbery. ‘Same va. Jaines 8. W — Robbery. Same va. pe ad jnurns—Robvery. iam H. Kdsali—Forgery. me vs. Same va. Walter Marris—Burglary. Same vs. David Tucker—Larceny from person. COURT CALENDAR—THIS DAY. SUPREME wae Tenm.—Noa, 1, 2, 3, 4, , 10, 11, 1 6 1 te an_Cincurr.—Noe, $281, 9883, 303%, 2040, 3130, 3289, 977, 2435, 244i, 2540, 2001, 205, 2x5, aNi0, 2077, 2801, 202%, 2043, 2s, 008, ond, S178, 807, 8287, 3901, 8320, Set? SAs1, son, 3473, 3608" 3600, 868 3567, 3887, 2509, 3023, 3631, 3690, 2673, 9689, BTOL, ain 5799, Q787, B77, B78, BTST, STAG, BTV, B82V, 9825, 843, EME er gg Tad 117, 118, 119, malice ae een th a et 1367, 1369, 1960, 13 i io, Tone) 1300 1a00, a 1368, = 1370, 1371, 1873, 1974, 1875, 1976, i, isi js, 1s ‘Tae Wearnen YesTennay.—The following record will show the changes in the temperature for the past twenty-four hours, as indicated by the thermo- meter at Hudnut’s erp A Henacp Building, Broadway, corner of = haat = a West ‘Thirty. -fourth street, fell from his coal cart at the corner of Eighth avenue and Fortieth street and ‘was badly bruised. He was taken home. Ron Oven.— Yesterday morning Charles Chambers, living at No. 739 Third avenue, was rum over in the Bowery, gear *ourtn avenue’ removed to Bellevue Hospital. Founp DrowNED.—Tne remains of, Peter Tuate, & laborer, were found yesterday Qoating in the North river. near pier No.6, Deceased resided at No, 11 Carlisle street, and bad been missing for some days. Coroner Rolls was notised, THE MipiauT Miss1ons.—De Cordova wit deliver his humorous lecture entitled “Miss Jones’ Wed- ding,” at Steinway Hall, on to-morrow evening, the proceeds to be devoted for the benefit of the Mid- night Mission Society. ANOGHER BURGLARY.—Wednesday night the pre- mises of George Ben-e, No. 387 East Tenth street, were entered by burglars, who succeeded in getting unobserved with 15,000 c! worth $600, bas yet been ‘obtained to ither the property ri r thieves. 5 FaraL Fai.—Yesterday morning a painter named Patrick O'Donnell, residing in First avenue, between Frfty-third and Fifty-fourth streets, fell from a ladder while at work on & Bow talding Pitty. second street, and was almost instantly kik rhe remains were taken to the Morgue for the action of the Coroner. Nor a VaGRANT.—In the report of the proceedings of the inquest over the remains of Martin Murray, who recently died suddenly in the liquor store No. 619 Second avenue, it was imadvertently stated that the deceased was a vagrant and died of ex Murray was @ hard working man and disease of the kidneys, CHILD BURNED to DeatH.—Coroner Rollins held an inquest yesterday, at 374 East Fourth street, over the body of Pierre C. Charplistier, aged four years and six months. The child was playing with a piece = lighted paper on the 5th Instant and thus set Bre to its clothing. Tha flames inflicted such severe in- juries that death ensued the following day. The jury rendered a verdict of accidental death. FounD BLEEDING.—Yesterday morning, about two o’ciock, an officer of the Seventeenth precinct found Walter Burke in the Bowery bleeding profusely from acut in the head. The woundéd man was taken to the station honse, corner of Fifth street and First avenue, and from thence was sent to the Central Police Office, No. 300 Mulberry street, where his Soren ia eetoe ataaees en sent home. re joes not #1 Ow the hurt had been received. A NOVEL FEATURE IN THE CELEBRATION OF BURNS’ Natal Day.—A grand festival in honor of Burns will take place at the Metropolitan Hotel on the 25th instant. The presence of ladies, a novel feature on such occasions in this country, will lend an addi- tional charm and brilliancy to the festival. The large dining saloon ae the Metropolitan, capable of accommodating 1,000 guests, has been secured for this triumphal celebration of ‘the birthday of Scotia’s and Nature’s favorite bard. AN INSANE SHAKSPEARIAN READER. —Professor Emil Franklin, at one time favorably known as a Shakspearian reader, is now in the Tombs on a charge of insanity, and will be sent to the asy!um in a few days, He has written letters to General Grant, President Johnson, General Sherman, Judge Chase, Alderman Coman, the Austrian Consul General, Sheriff O’Brien, Secretary Seward and others in au- thority, asking’ their services in securing his release, and hinting in @ mysterious way about the probably dfeadful consequences of a non-attention to his de- mands, FATAL ACCIDENT ON THE Hupson RIVER RalL- ROAD.-~An inquest was held yesterday, by Coroner Schirmer, at 301 Tenth avenue, on the remains of John McLaughlin, aged eighty-one years, and a native of ireland, who was run over on the 2d instant by an engine and car on the Hudson River Railroad at the corner of Tenth avenue and Thirtieth street and died @ day two after. As the jury could not discover that the employés of the road were to blame in the matter, they rendered a verdict of accidental death, and recommended the erection of stationary lamps at the corner above named. Fink IN FIFTEENTH STREET.—At one o'clock yes- terday morning a fire broke out in the one story frame building No. 513 East Fifteenth street, owned by Mrs. Fossil and seomeiee by John McCall as a oe and stable. persons in the bed iy diMeulty, as axtae flames alts entire destroying the structure with all its con contents, includ! @ val horse. The loas is $1,600 on stock, and on which there ts $1, 000" Ing insur. ance in the Bowery Insurance Company. The origin of the fire is not ‘cown as all of the occupants mers asleep at the time it broke out. The building w: valued at $1,000, OnE More AFFRAY.—About four o'clock yester- day afternoon Charles Moody, of No. 72 Amity street, and aman who is unknown, became engaged ina fight in the barroom of the Metropolitan Hotel. Samuel Porter, the special OfMicer attached to the hotel, rashed in to quell the disturbance, when the unknown man fled; but Moody drew a" @ knife and stabbed Porter in the tht side, inte! severe but not dangerous wound. The injured officer, how- in securing his assailant, and took ring street station house, where he was locked up to await an examination at the Tombs thig morning. ACCIDENT TO Cyrus W. FIELD.—Mr. Cyrus W. Field visited his country place at Irvington, on the North river, on Wednesday, in company with an engineer and architect, for the purpose of laying pid cnn for the coming season. The d was covered with frozen snow, ana just as ir. Tiel and Mr. A. Pilat, of the Central Park, todescend a hill two or three hundred feet ‘huge both gentlemen slipped and slid to the bottom with great velocity, striking against a tree. Mr. Pilat was able to return home in the cars, but Mr. Field was more seriously injured. He was placed in a sleigh and brought to the city. At first it was feared that he had sustained internal injuries, but yesterday he was much better. SUICIDE OF AN UNKNOWN WoMAN.—Yesterday afternoon while the ferryboat Suffolk County was on her passage from James slip to Hunter's Point, when opposite pier 39 East river a middle aged woman, rather shabbily attired, was seen to unhook the for- ward ce ieal and before any one was avare of her pape from the boat into the river. The it ws tly stopped and every exertion made to save her, and afterwards to recover the body, but without success, Sabeommently, however, the re- were found floating whe river near Bo Pn o . recovered, were sent to the Morgue for identification and inquest. No person on the boat ——_ eee beak Knew who the woman was, nor ha the body been recognized up to a late hour yesterday. A Row IN THE Boanp ov HrALru.—Dificulties and dissensions have prevailed for some time in the Metropolitan Board of Health which promise to work material disorganization in that body, A resolution was adopted at a recent meeting which hag had the effect designed by it, = Bee = B. Dalton, the nag age 0 endent, has zesigne G will be follow This action, said, he resignation of all the sanitary inspectora. Dr. Dalton has always been re- gardee ed ee tie eficient officer, Dr, Dalton was pointed on the recommendation of General Grant, wah whom he served during the entire war. It has been proposed to ask legisiative action in the pre- from sent case and abolish the present Board and appoint overs without a8 several Cf the hee ites physi- bone New York have siguified their witlin 8 to accept positions as contuslassciecs, without’ 2 any suiary OF compensation. Tuk SkooND AVENUE Dommy ‘Exorse Acct DENT.—AN inquest was held yesterday at No. 4 Cen- tre street, by Coroner Flynn, over the body of Thomas Muliens, aged twenty-six and a native of Ireland, whose death resulted from injuries sus- bey on the 30th ult. by being run over by a dum- @ on the Second "venue line, near Sixty- " esta The { On, ce peer e the Coro- ner was to the effece Saf several men, among them the deceased, were on the track on exchang- ing horses from one wagon ty anotac?. The dummy engineer saw the men and tang his bell when some seventy feet away from the group, though ho attention was paid to the summons. As it was a cown grade the dummy engine could not be stopped, so it collided ve the wagon and broke both of de- ceased's legs, The engine was ing six miles an hour. The jury after brief consuliation ren- dered the following verdict:—“That A) deceased came to hia death by injuries received by being run ores oy ‘ dummy engine on the Second Avenue Nail. road ihe 30th of December, 1868, and we consider that he Gaaeee, Wiliiam J. Harris, was guilty of culpable gence in causing the Weatit 0 of said ‘Thomas Mulens. We also censure the Second Ave- nue Ratiroad Company for allowing dummy engines to be driven at so rapid a rate of spoed.” e engi- neer Was remanded by the Coroner to await the ac- tion of the Grand Jury. Noon Prayer Meetixe.—For some time past prayer meetings have been held daily at noon at the Canal street Presbyterian church, on Greene street, near Canal. These devotional gatherings on week days are reguinrly opened at twelve M. and continue for an hour. Various ministers A the different Protestant denominations have o ciated at these exercises, which are to be continued in future. Yesterday the Rev. Stephen Lp a occupied the pul; hades this fact was jously we a * en aie wsitker, ts Tyng aciiveted 8 ny Fong ress on neral duties of I oy emarced fi many, on the cone. sion of the service one Lie — = the trials bye cclesiastical courts resolutions and rebuts of meg conven tions, nor solemn admonitions al. a bist could deter this vaiorous divine from p' eterg A Gospel by nor from evening e ee in lain citizen’s dress, leaving oe atole By iret ie ing mop he, nappa td ri Sanbe."Hewus ‘ POLICE INTELLICE’CE. PICKPOCKEr ARRESTED.—Mra. Margaret A. Scrib- ner resides in Tarrytown, N. Y., and yesterday entered @ “dollar” store’on Broadway to s*e the goods. While there she felt a hand in her dress pocket and discovered Mary Wilson in the act of withdraw! eng artient Bowe said pocket. The wallet of Mrs. Senbn: icked up from the floor at her feet ‘Detective fooldr aie, of the Sixth ward, was called in and arrestedsWilson. when she ras arraigned before Justice Downe. ee the Tombs, The prisoner was fully committed for Nor A MRMBER OF THE presen ey Oderwald was arsaigned before Justice Shandley, at the Essex Market Police Court, yesterday, charged with{obtain- ing money under false pretences. The complainant, Mary Roth, of 109 Ridge street, stated that aa she was Pavong ot the Third istrict Police Court for the @ complaint Oderwald accosted ing bee business, represented him- her and ry Sawyer sus an officer of the court, and Offered to act as her legal adviser for the modest fee of two dollars. Oderwala wore a metallic bad; =. poy penamnbies: a oncom sulela, exhibiting really tmposiag decora- tion Mary's doubts were at once Meade and she handed over thetwo dollars. The accused was ad- mitted to bail in the sum of $300, Srrest OvTRAGE.—As Charles Lillie, of No. 3 Pine street, was awaiting the passing of vehicles at the corner of Bleecker street and Broadway yesterday afternoon one Edward Russel and @ boon com- panion, who had evidentiy been drinking co- — approached him, when Russel, without ae ceremony — Bi your leave,” knocked him down. The blow @ severe one, and in the fall yoineons clothes of of tases victim was badly damaged ue, imagining that such an outrage should 6 not caused i Ruasel’s arrest, when he was taken before Justice Jefferson Mark A plicit To Boys.—Johnny Newberger, @ boy of about tifteen or sixteen, had capital fun yester- day “firing”? snowballe, or rather slush balls, at & poor little Jew pedier whom he found limping along Second street. Jol made excellent wish his missiles: rad missed the oc ne ran 5 sure to hit somebody else. It was lly capital =e to bl the ler ere — wipe ie | atten) neck hole. Didn't Jol onany 1aue fun was that the pedier was on i helpless old fel- low he could not ran. Officer Ki of the Ele- venth precinct, happened to witness New- berger’s frolics, and as soon as he thought i sone ee, had’ sufficiently amused imself he escorted him a8 far as the Essex Market Police Court and introduced him to Justice Shand- ley. Owing to the number of similar complaints ich have been made and the serious accidents which have een from snowballing, wenger ied decided on making an example of Johnny, and he was accordingly committed to answer. RUN OVER AND DANGEROUSLY INJURED.—John McMahon and William Jennings are drivers of coal carts, but whether they belong to rival establish- ments has not transpired, nor is it of interest to the subject matter. Yesterday they met on Canal street and after a few words began racing with each other. ‘They whipped their horses and suet, and the more they beat the poor beasta and used op} prey epithets the less they cared for outside things in general. As they approached the corner of Hudson and the above streets, Mr. William Campbell, of No. 446 Canal street, was endeavoring to wade the mud across that thoroughfare, but as he appproched the middle of the street the coal carts driven by these infu- riated men came down upon him, knocking him down and running over him, inflicting injuries of a very severe, if not di rous mature. At this junc- pn officer Fleming, of the Twenty-eighth precinct, red upon the scene and arrested the drivers, injured man was taken to-his home and a Medion Immediately sent for. Sul juently lahon and Jennings were arranged before Jusuce Dodge, at the Jefferson Market Police Court, when they were committed to the prison below to await Campbell's injuries. Darina Highway Roppery.—Henry Cauliffe, re- siding at 426 West Twenty-seventh street, caused the arraignment of two young men, Thomas Porter and William Jones, before Justice Ledwith, at the Jefferson asi” Police Court, yesterday morning, witen the on the charge way robbery. The complainant mater stidari ay the 3 elect that on the t of the 2d inst., while he was passing avenue, through Tent near Thirty-first street, he was suddenly pe nigcn by four persons, who threw him down, beat him raion about the face and head and, while in an almost inset sible condition, robbed him of a bunch of keys and * pocket knife Valued st one dollar. Fin that their victim porter of poe we Fn pe 7. a as a parting gift, ad pom cuffs about his head, thet Twentieth precinct hon ss the Cap ners no- tfled the officers there of the outrage. when detec- tive pines tote was allotted the hy of finding the assail and yesterday he arrested the ac- cused, both of whom the complainant recognized. On their iniormal examination the prisoners strena- ously denied their Rs but were commitied for trial at the Court of General Sessions without bail. MASS MEETING OF CLOTHING cuTTeas. A mass meeting of the clothing cutters of New York was held at eight o’clock last evening at No. 10 Stanton street, the president, Mr. H. Shaefer, in the chair, After the minutes of the previous meeting had been read and adopted, with a slight correction, the election of officers for the ensuing six months was proceeded with. Mr. Henry Shaefer was re-elected president by acclamation. There were two candidates for vice president—Mr. Mohl, the present incumbent, and Mr. Flood. Mr. Flood was elected by six votes. Mr. Douenhaner, was re- elected financial secretary and Mr. Herback re- cording secretary. Mr. Flood, the newly elected Vice President, saia a committee had been appointed some few meetings ago to Lots for gaining admission to the Tailors’ International Union. That committee a that they would be admitted. Mr. Tucker, of the In- ternational Union, had promised to be here to-night and bring the charter for them. Now this was an important matter to them. They all wished to join the International Union, and they wanted to do it In @ proper way. The charter which the secretary of the International Union had it them bore their own heading—namely—‘“The Clothing Cutters’ Protective Union.” They could not, therefore, receive the charter because it did not recognize them. They were known as the ae Cutters’ Protective Union of the city of New York, and they could not send dele; con- ates to the gress of the International Union, whieh met every. ear, unless 'y were mitted’ to be a ranch of that union, He therefore moved that all matter entered on the minute book in relation tothe acceptance of the charter be re- considered and said charter returned to Mr. Tucker, the secretary of the Journeymen Tailors’ Interna- tonal Union, and that a committee of three be ap- pointed to get a charter filled up with the pame of “The Clothing Cutters’ Protective or International Unton, No. 1, of the city of New York,”’ this committee to have power to make arrangements for admission into the Journeymen Tailors’ Internationa! Union as @ branch of that organization. A good ‘eal of diseussion pro and con followed on the motion, both in German and English, when a motion to lay the matter over till next meeting was carried, after which the meeting aajourned. SLAUSHTERING OF ANIMALS. Important Order from Superintendent Ker- nedy=No Cattle to be Slaughtered in the City Seuth of Forticth Street. The following order was issued by Superintendent Kennedy yesterday: | - GENERAL ORDER—NO. 555, OFFICE OF SUP'T OF METROPOLITAN POLtos, } New York, Jan. 6, 1869. Carry —= —Under the decision of the Court of Appeals, June 18, 1868, the Metropolitan Boar! of Health is declared to possess competent authority to enact ordinances and resolutions in relation, among other matters, to the Rengneering of animals in the Metropolitan Police Dist and, in consonance, the Supreme Court has vacated all and each of the writs of injunction heretofore issued to restrain the oMicers and members of the police force from en- forcing the ordinances -— resolutions of said Board relative to driving and The Metropolitan Board of ith hay 20, 1868, prescribed the route by which catt pigs, calves and sheep may be driven Les streets, the same is in force. So much of the thiry eighth and forty-third sections of the “Code of Sani- General Order 500, as relates to animals bal for food, and the slaughtering of such animals, is also in force: and by which the fowit and tah, i any animal for i birds, fowl and rohibited from fom onducted ry any Feceinen in his ey south of al Sa absolutely; nor shall ee ~~ — be ontucted * Fortiett no af rook tect, In this cit Pooky, W ‘without special it from the of Healt Permit Som SOHN a. KENNEDY, Superinteudent. Grover W. Dune, Inspector. WREETING OF TWE AMERICAN NSTITOTE. The regaiar monthiy meeting of the American In- stitute was held at the rooms in Cooper Institute last evening. The Vice President, Dudley 8. Greg- ory, presided, and John W. Chambers acted as sec- a After the reading and approval of the minutes of the last meeting a report of the Committee on Mem- 5) five dollars to pay advertising expenses. After some discussion by jerman N. C. Ely, Dr. Rich and Dr. Parmele the resolution was adopted. ‘The Secretary read @ resolution from the photo- graphic branch of the American ——- ask! as is ropriation to provide cases fo: photographic spectinens The resolution was referred trustees, with Several ‘amendments to the by-laws were unani- election, Erastus Cleveland, presided, aud Mr. George Payton Was chosen secretary. A committee of tilirteen was chosen to present candidates for the omicers and committees of the institute at the annual election Lext month. Organization of the Beard for 1869—Ap- pointment ef Committees. At twelve o’clock noon yesterday the members of the Board of Supervisors assembled, in accordance with the regular rules, to organize for the current year. There were present Supervisors Fox, Tweed, Hayes, Smith, Bleakley, Roche, Willman, Brice, Her- man and Oliver. The gemal Clerk, with his assist- ants, were in their places, and on the chairs in the lobby were several young officeholders, several would-be officeholders and others, who had strolied in through curiosity to see the chamber and whatever else there might be to be seen. Mr. Young. Clerk of the Board, after taking a smiling survey of “all present,” tapped gently on the desk and requested the gentlemen to come to order. The request having been obeyed Supervisor Fox rising in his place moved that Super- visor Tweed take the chair, The motion was peg it is almost needless to say, and Mr. Tweed per se ok pepe ag Position w ch would do as a model even for the Supervisor Smith mov ed what is sis you mr pleesare? ballot for preeiiens, The poten Sie Snopbet and Supervisors Fox and Smith inted tellers. After cence | the ballots ox announced that ten votes which were for Su and one blank. Supervisor Roche ae. therefore, PB ppc duly elected president Board, jupervisors: Bleakley and Hayes were appointed to conduct him tothe chair. On taking the position he addressed the members as follows:— Soe | nay thankful for this additional evi- dence of your favor and esteem chica of te Board fo par pen wi ‘ite deli — po Takall be indebted Pe ccal Ind alt of Jou for ‘sgt nous veer and cet Shere to a lar, ople of 58 Wot vor York county bave been calle! uj to bear various acts of the Lezislavure of the manner in which we have disbursed the appropriation over which we have bad an immediate con- the scrutiny of our consti. the current year to show authorities can and should entrusted Dae the Pe rag of those oe priations which ellizen. Front, there therefore, that a easonable, modifeation of the existing Inwe In regard to commissioncrs, &c.. and re- dal tothe elty and county of New York. may lature at ite present session, and Nat we will al ttrive for'a juticlous add economical’ administration of the duties of our office, I now await the further pleasure of Supervisor TweEp then moved that the Board go into an election for clerk, deputy and assistant clerks and serjeant-at-arms. The motion was adopted and the same gentlemen we: pointed to act as tellers, The vote was announced as Having been unanimously in favor of Joseph B. Y: pe clerk, Reeves E. Selmes and E. A. Woodw: deputy clerks, and James McGowan for coreeantac, arms. The organization of the Board having thus been completed, the regular order of business was taken up. A communication was s recelved from bok y troller transmitting the county budget for 1869. It was referred to the Committee on ce Taxes bo if jects required by law Pr im the tax pad The commit for the onvat ya year were then announced ‘as follows:— STAXDING COMMITTEES. asdreas Wilann, games Hayens*” CuO” DSR’ Fy Civil Bleakley, James Hayes, Courts—Andrew “ bil poomeremon aa ae, Isaac J. Oliver, smith Ely, Je, Andrew Bleakley, : Wilh G.N. eee, Isaac J. 0) mann, G. N. A Printing and anit Stationery Onan fant, John Fox, bgt Sg cae, Tae, C4 ed. ic Charities and Corrections—Smith Ely, Jr., James Hayes, Isaac J. Oliver, G. N. Herrman. SPECIAL COMMITTEES. Armories and Drill Rooms—Andreas Willmann, John Brice, Orison Blunt, William M. Tweed, John Fox, Henry Smith. Court House—William M. Tweed, John Fox, Henry Smith, Orison Blunt. Fuel—John Fox, Orison Blunt, Andrew Bleakley, Smith Ely, Jr. Harlem Seam ae Andreas Will- John Fox, J imanda, Olver. mi ol x, James Isaac J. Oliver. Riot Claims—G, N. rt ig John Brice, Andrew Biedkley, Isaac J. Oliver. Salavies—\saac J. Oliver, Andrew Bleakley, G. N. Herrman. “rd Brice. Taxation tions—Andrew Bi William M. Tweed, Smith Jr., Orison Blunt, On motion of ‘Supervisor the Board oe |, to meet again at the call of the COMMISSIONERS OF CHARITIES AND COR- RECTION. The semi-monthly meeting of this Board was held yesterday at the office of the Commissioners, No. 1 Bond street, with the President, Mr. Bowen, in the chair. A very large amount of the routine business, consisting chiefly of the reports of wardens, keepers, nurses and physictans in the different institutions, was taken up and disposed of. Requisitions, com- plaints and numerous inquiries from the different departments and in relation to inmates were ex- amined and appropriately referred. An order was then proposed and adopted, t the effect that if a‘ voluntary inmate of the Inebriate Asylum shall drink or be under the inftuence of in- toxicating liquor {t shall be the duty of the resident pe to expel him from the asylum, or if an in- ite who has been committed on a warrant from a magistrace a drink or be under the influence of intoxicath uor the resident physician shall have him immed ta ly transferred to the workhouse. ‘The subject matter in dispute between this Board and the Commissioners of Emigration was then taken up and the following preamble and resolu- tions, which were adopted at a special meeting held December 31, 1868, were approved:— Whereas. the Commissioners of Emigration to pay the sum of #114,700,rawarded to this io this Board Arbitrators appointed % dnted Jt $65, an have further declined to pay the sum of Sajid 4, fs proposed in a resolution of said Commussioners of Bmixra- tion at thelr meeting hel 1868 ;yand, whereas they bave tendered the sum of ak" 72 in sotiiemem: of nal want, and fo lien of the sum they propose to pay 1 the reso lation referred to, therefore, Renolven, fn view of the legal inability of the creditors of the Commissioners of Emigration to recover by process of Jaw the sums justly due them, that the amount tendered be accepted! as full settlement claims against said Com miss oners to January 1, 1867 oan the special meeting at which the above pre- empl ny Fim gd were adopted a communi- on wad it to the Comptroller notifying him that the Beene had received the amount above stated from the Commissioners of Emigration, and asking ermission to amend the estimate of expcnses for 869 by deducting from the amount d for the construction of the infanca Hospital the sum of $60,000. In repiy to this the Nee Aa stated that the estimates had been printed and had passed out of his bands, but he recommended that the Board keep the money and apply it to the erection of a Yunatic asylum. These communications were again read yesterday and ordered S file. A medical inspector was inted at a salary of $000 per annum whose ‘duty it shall be “to visit at least once a week and carefully inspect the instita- tions in ird_ to their sant condition, the ob- servance of medical rules and ail matters asfectin the health of the inmates, and to report the result o! his inspections in to the Board. The receipts of ‘of the. Hoard during the past two weeks were beng nena hy as aaa “4 ag From December 26 to Decem From Commissioners of img stion for set- ‘settlement to January 1, 1) + eaveee «$59,995 neat from January 1 to 1867. Institution ct Comptroller on account of appropria- tHOM LOT 1860... . 6. cereeeereeweeeere cree ee Total..... yNa’s Rh og gmt ham Young een he his office and con te every, ry bamiet Utah, a line 500 miles settlement of half a houses has Saint rators anid the Mormon Churen, and time ae eng takes place to in Salt Lake cuy, et atchman in the “ate, telegraph, Brigha -. ‘ive an order or ring an alarm from Idaho 'o RT Vigiieaeeteaitpitighenterinaee New ati Mr, coun or a sued tho town of Killing: damages, satay tne Hh , Who was Ire death & bridge’ ee that town, ¢! tened and back! the wagos, in Juche ce hs tun wife were , ofF into the ;