The New York Herald Newspaper, January 22, 1869, Page 5

— NEW YORK CITY. “Fone UNITED STATES DISTRICT COURT. The Binisdel!-Eckel Whiskey Case—Summing "Dp of Counseci—The Ribald and Licentioss Press of the City—The Charge to the Jury te be Delivered This Morning. Before Judge Blatchford, "he United States vs. alvah Blatsdell, J. J. Eckel pcb McLaren.—The trial of this case was re- yesterday, several witnesses having been briefly examined for the defence, the evidence being mainly directed to impeach the characier of the wit- neas Dessendorf, one of the principal witnesses for ‘the prosecution, for credibility, )TRSTIMONY OF THR UNITED STATES MARSHAL. of Blaisdell’s distil- Jery last June; the chief Glerk kept the papers and Dooks, which would show when his custody termi- 000 or $5,000, less $2,000 than the amount ry will ute ‘account and give you my forthe ‘Dalazice, dated two weeks ahead, as I wanted 8 to work as quick as possible and make some q , and then he sgys to’me I wil! give you $1,000 Yourself for this accommodation; 1 then him into the ehief clerk's office, and said to the clerk, give the Doctor a reeeipt for his money on account; ir. Thompson the money and was in the act of writing A the receipt when the Doctor said, “Won't I have the lore centage $2,000?” I said I could do that; your tillery might be seized in openers hours, or in a week, and if it was it bor ape lke complicity if I trusted you $2,000— @. You received the amount and gave the receipt? 4.” Yea; and the amount was sent to the auctioneer; we didn’t keep the money. He didn’t pay you $1,000? A. No. . Mr. Knox—Q. Did you deliver un the pos- g@exsion of the property before you had received the full purchase money? A. No. At the conclusion of the examination of the wit- mess both sides rested, SUMMING UP FOR THE DEFENCE. Mr. McCarthy, on opening his summing up, con- wratulated the Jury at the approaching termination of this protracted trial. He sincerely believed that sheir verdict would be a just and righteous one, whether as tending to the acquittal the defend- ‘ante on trial, from the facts that would be submitted to them in the course ot the summing up, or should their verdict strike the first blow against\the whiskey against which for so long a Ume all the efforts -ef the pure and upright minded officials have been @irected—although, unfortunately for themselves and the interest of the public, until this case was brought on, had been in vain. This case has attracted @ great deal of public attention—a gen, great deal indeed—and it was trom the owledge of this fact that the counsel at the time of the empanel gf the jury put to you, gen- @emen of the jury, certain questions touch- the extent of your knowledge and informa- @ the case that was to be submitted to you, For the last six weeks the public press, which to ®@ great extent moulds oes opimon among us, ‘bas had a very great deal to say aboutthe defend- ante and about their counsel and about the prose- cution. The public press has teemed with expres- aions of opinion with regard to these defendants their counsel. Sometimes these opinions and ressions of opinion have been very scurrilous and jeed very personal. It has been repeatediy that we were afraid to go to trial—that we notiace a jury of twelve men on the issue Yaised on the indictment in this case, and that con- Gequently all manner of excuses and subterfu; were put forward by us to avoid a Ly Decause we i e ot had such good reason to She consequences. In some cases we have Been made the object of personal attack { the newspapers and even during the progress of as you may have ovserved, these attacks ed gui ‘the trial, Bewenapers 3 dssuined from ‘the beginning that we ‘agsum at we Were guilty and shat you, gentlemen, must find a ‘verdict of guilt iy i us; and it was even feared that the District Attorney might not press conviction ‘Upon us With sufficient Zeal, and that functionary be- q@ume the object of suspicion. Of course these re- were Inade for @ purpose—to inflame public inion more and more against us, and were, no abt, intended to reach you, gentlemen. Reading ‘the papers last evenimg I came across this choice morsel:— “We asked the —— some pessoas the other day. After pondering them two days it announces this that it cannot answer them, Very well, ‘we can wait. The whiskey thieves are now having @ turn in court, and we shall await the develop- ments there and keep @ sharp eye on the District ai and the prosecutors to see that they do their full duty.” And here is another sample of this style of war- “Quite a number of the whiskey swindlers oo revenue laws have been convicted, and more e@fanch convictions are expected swyftly to follow. has it that the felons are al! to be pardoned Wf so, why incur the expense of trying » Gentlemen, we have had to stand up against na avalanche of public opinion dishonestly manufac- tured. You cad human, and like all the citizens of ‘ils great republic, you are very apt to give as much peered vl the effusions of an, ible news- paper criflc as you are to the deliperate evidence of any Witness, however honest and imipartial. This (trial had not been commenced two days when a certain sheet or newspaper whose ribaldry and licentiousness is fast passing in to ® preverb, came out with a startling relation in this ‘wise:— “The array of evidence in this case by the District Attorney and Collector Batley against these @efendants seems fectly ble? Gentlemen, would you believe that this indict- ment was framed and we were called on to p exertion to get a for trial; but there Legere in this case that I have no right io dis- which would satisfy your minds that the gov- ‘ernment had no right to bring us to trial at ail. pimy ery there were pete. — Cape 4 faith pledget, solemn! |, am Sho if they meant angthing ey they made, meant it should not fa called be OR to this Speed ‘Be GiYhe fainds of all that the jury was about to ee. upon the whiskey end that the gulity would have the effect of breaking the ring altogether; that the defend: re itatives of that every “tow ig ; monster hat was given against the de- be abiow the He sub- that the ji would be they allowed that to rest apon thelr minds, Now, the whi ring was not in court at District Attor al i 3 fr | 38 I Ba ilalle inte §35 SUMMING UP BY THE DISTRICT ATTORNEY. irtney to address the jury. ‘He said that when nee petra the duties and Obligations which his ice and the oath ne had taken tmposed upon him, and when the learned Judge ‘who ocoupied the bench had delivered his its duties and Deen | commenced. A grea' deal had been said by counsel-on the other side out- gide the case. He told you that this was the ee whiskey case = tried in oe “cm was unnecessary inform the nent te. hat strayed idety from the very Ww! truth. But it is of no wt to you, gentic- men, whether or not any other whiskey case Was ever tried Lere before, or whetner any thief or thieves were ever brought before this court, The question you are to try is whether these defendants, hd alone, are aly dae C in the indictmen! It will time en when we can get courts enough and judges enough to try all the cases which the government might nt, and he would assure bis learned friond that if all the whiskey thieves that may be jndicted have confidence in his abiiity to protect their interests, and they retain him in ever: case, he will hie hands full defend. ing these ltizens. But the oniy question have to try is whether or not made applicable to the explsin to as chi you on this evidence, jaw and which the Court will you—theso deiendants are guilty armed ; and the moment any of you gentlemen si aside to consider other matters ontalde of the testl. mony a9 presented to you by the witnesses, that moment you violate the obligations vou sssumed NEW YORK HERALD, FRMAY, JANUARY 22, 1869.—TRIPLE SHEET. lepine i snd you become antit to occupy those seats @s arbi- ters between the government and these defgndante. lt is @ notorious fact, one which every citizen, rogrets, that since te commencement the war for the rebellion it became necessary adopt a of revenue, and that of an enormous de- government on no article of been such an wale ———— rominent case, and the attention of the communit a8 been so fully directed to it by the public press, 1 erygtnd your time than in an ordinary case aye in tee hone. of owing com again thro e press saeet nes seas aunts MoLaren, and others. defendants? What are their ante- te? they from their antecedent the men would be or suspected to enter upon of distillation, except for the purposes of irauding the government—defrauding you and I and exery nod, citizen feat Daze hone ly the taxen upon him? These men una of this business, What connection could z | & : Hil. EH i carried on, &¢,, and then read selec- tions of the testimony of the different witnesses for the prosecution, most impo. it and materi: gu lery for the short period the distillery was in operation the tax | due upon the quantity of rays distilled ye firm amounted to $341,600. He (counsel) quoi that could not err, deduced from testimony that could not be disputed. On the second run of whis- key, that is on t yur that had been distilled from the recommencemen: making the tax due on both runs of $565,600. ‘This was the sum due from honest men to the govern- ment—money designed and intended for the earnest and maintenance of the government under which we five, and which undertakes and is able to extend the wgis of its protection over every citizen of the republic, insuring him the inestimable blessing of life, liberty and the pursuit of Lag ree How, gentlemen, do these favored sons of the government assist in strengthening the government? They owe taxes to the amout of $565,600; they will not honor the first engagement, but they meet their indebted- ness by paying over to the government as taxes on both runs 366, leaving a deficit, of which they defraud the government of $523,254. Gentlemen, is not this a startling exhibit to present to you? Is it not amazing that these defendants, in this one establishment, in this brief period of time, some six weeks, under the very eyes of government off- cials, should be permitted to defraud the govern- ment in those six weeks of over haifa million of dollars? When I said I would present a startin ¢ exhibit of the resuics of these frauds you could not, ntlemen, have anticipated such an exhibit as whiskey made in the distill his; and, in fact, when I came to ire it up I was startled myself. And it only men like these, with a resolute determination and a well considered scheme for defrauding the | Eiht wholesale that could have the audacity come into court to defend their frauds and submit to the ordeal of a public trial and the verdict of twelve of thelr fellow citizens—submit to the con- tumely and disgrace of certain conviction, sentence and punishment. Their audacity culminates in this—that on the face of the overwhelming and damning testimony which they must have known the government was in jon of, from the lips of their own tools and 5 and they come into court and tell this jury that they had nothing to do witn the running of of the whiskey; that they were merely the owners of the preinises, and had not to do with the business carried on therein. In their impudence ts neerly as great as the iniquities they have perpetrated. If every wit- ness that appeared on that stand had led from first wo last, there are figures that cannot lie, and they incontrovertibly prove that these defendants, through their operations in that distillery, and their evasion of the ment of their just tax upon the amount of spirits distilled by them, have defrauded the government in the short space of six weeks of over $500,000, Ido not propose, gentlemen to occupy your time much longer, and in a few moments more I will leave the case with you. In some other respects the case is a very important one. It has excited a L deal of public attention, but this, of course, has really nothing to do with the case. It is not to be tried by “ opinion, nor by newspaper controversy, but yy the law and the is—the former the learned Judge will expound to you; of the latter you are in. fall possession from the lips of truchful witaesses. | ask for no par. tial or unjust decision at your hands, but we demand that rigid and impartial justice shall be meted by .you, regardless of ali juences. If you believe these men are mnocent of the offence charged in the indictment, you. as honest and up- Tight men, will acquit them. If, on the other hand, you believe the case has been proved against them, do your duty, as I know you will, manfally, faithfully and’ fearlessly. Let nothing ke the thought what the juences .may ve conseqt to those defendants have any lodgment in your minds. With the consequences, what- ever they may be, yon, as have nothing whatever to do. The momenta juryman attempts to pander with his oath and debate upon the conse- quences of a faitiful discharge of his duty, that mo- ment he violates the sacred obligations he assumed when he toox his oath, and from that moment he be- comes, not the arbiter between the government and the accused, but the aider and al in the crime himeelf. The consequences belong to the law; the Jaw imposes upon the offender the consequences of his crime, and upon the judge on the bench the solemn duty of apportioning the penalty according to the degree and quality of the offence. 1 pow leave the case wt hn Bw po genflemen. In “Lat your action nd, again, in the ease of great captain of the age, our Presi- dent elect, im his attack upon Fort Donelson, “Let there be an unconditional surrender.” Be you, gen- tlemen, faithful to the laws which we claim that these men have , and I shall have no fear of the result. Mr. Courtney consumed within a few minutes of his allotied two hours in his summing up, and when he concluded, it bemg then half-past four, the court adjourned tll this morning at eleven o'clock, when dudge Blatchford wil) charge the jury. UNITED STATES CIRCUIT COURT. Convicted of Perjury. Refore Judge Benedict. The United States ve. James McLoughlin.—The jury in this cage, which has occupied the court for the past three days, returned @ Verdict of guilty. Sentence deferred. Vanderbilt Makes Another AM@idavit. Before Judge Ingraham. Jsaac N. Jenks 08, The New York Central Rail- road Company.—The further hesring in this case was resumed yesterday, pursuant to adjoi ent Mr. Vanderpoel fread the following aMdavit, to be used on behalf with the of the plaints motion in conjunc- Sinanviee and other moving papers fendanta, to show aathorit for the acta alegre to hare done by therm or the Genera) Raii a» empowering them to raise money increas e capital two- thirds of the stockholders, and b; aud vision, by which the com to row money, to iasue Searles eecuriey for the mone; mortgage all tte ‘such ‘bonds to to secure convertible into stock. hea 4 ft Big there business between Albany and Buffalo, in iidate into one. company “ana the conao! Q jon was Clot ed rh with all the powers and subject to all the Ilabilities ‘arising under the General Railroad law. The amount of the capital stock of the new corporation, it was proviaed, should not exceed Ln Fe ge oy capital ftock of all the companies coneol| ‘and the con- folidation took place in May, 1863, and by that ment the aggregate capital was fixed at $23,085,000, Which was the te of all the compantes, in- cluding $225,000 ‘of convertible bonds of the old com- panies, so that this capital of $23,085,000 included not only the nominal capital stock of the old Rg oy ‘bat this amount of convertibie bonds, which were regarded as capital, Soon after the consolidation the now company isnued converti- bie bonds to the amount of $3,000,000, payabte in ten =. bu Ky these bonds ware Oe eens another issue of convertible bonds was au- thorized, amount ting to $2,¥90,000, and that was all | appears, Was her assent to his proposition of mar- riage. ‘The wedding day was fixed several umes ‘aud was as often postponed at the solicitation of taken up, The gration: WAS, whether that insue wos | Meal. ‘This suit was COVsAfenced on the 4ta of De- | cember last, and the Pl4murr alleged, in addition to facts ‘stock had | Lawrence, by reason of his Ul health, About @ year been “rare i a g40s 20 , without the | and a half Mater this formal assigninent Law- feauirea Of the stockholders, and said | repce wrote Miss =Kichmond at Winona, that iWegal, and asked’ here that | Minn., iniorming her that the premium on ts be enjomed from recognizing | the policy was : that the policy exevssive stock, either by voting on itor by re- | had expired. and deaired her to it to him, ceiving the bonds yet unconverted ig exokange tor anaes she ee yt ey old policy Tus VacaNt Pouice INsPEecroRsHiP.—There te eaeea aye gy why the injunction of - | Was produced, and Seont or its reassignment to the | Considerable anxiety manifested in police circles bor ahoald not ‘be. ctegea so as roti ihe Ba ees was orig! issued furnished. | as to who will be the lucky recipient of the mantle issue of ceriificates of indebtedness or dividends on | Misé Richmond complied with his request, retaining wock to the holders of the excessive stock, This | the deed of assignment given to her in the first order to show cause eo the pol as bennetnaaned: next motion was upon Judge Barnard’s order to show Mr. Lawrence then assigned policy to hi ed gaa oat | Rind fat Ta al tea”, Te pt for third ‘ihotion was an order to show canse’ why the | policy for the benent of young Lawrence's . company should not be enjoined from issuing either Mr, F nor uncle, it ap- “interest. certificates.” at were ever aware of the fact that the policy Mr. Field objected to the argument of the second at any time previous to Miss motion now, as Mr. Seward, who desired to particl- | Trt wicmmond was an 8. shoot of Pre nent, Wit ‘ous not necessary that | Paper which was aha thig, it | _Acctomers —at eleven o'clock this morning Henry Mr, Seward should be present, as he had the ailida- | Secins, bad been removed, It was shown Hoffman, a child seven years of age, living at the vita of Mr. ee a and Mr. Ogilvy here. the premium had not at any time ran out. Letters | comer of Eleventh a’ ‘Thirty-ninth street, Mr. ‘and Mr. Vanderpoel both thought it ae- | Were produced sho’ that engagement of venue and ane be Mr. Seward should be present. marriage between the parties named had never in jamping off the Hudson River Railroad fell under DEFENDANTS’ ANSWER. broken off, but was in full force at the time of Mr. | Oneof the cars, hop ren th arco chy Rot . Fairchild jed to read the papers to be | Lawrence's death, which occurred in 1865, aud let- one of his legs. ‘was taken to the Mount usedlon benalt ‘the defendants in opposition to the | ters were in! patween them and corre- sna lesa Maa ce motions and in answer to the papers presented by | spond interval as usual, 8, & on ship merican the other side, and read first the anawer of the de- | , On the jury rendered a verdict in favor of COmeRNN, SRS aagiact to weigh the anchor fe! fendants to the complaint. the mother of Mr. Laurence, and Miss Richmond a one He was removed to The answer that the defendants had no appeal from tat verdict. Tne questions | Bellevue H right to a larger amount of than was fixed are exceedingly intetesting, the it, gonn Hi afternoon a little daughter of officer . unless specially | however, turning upon the question, $4 6, .wmsoid | by car No. 2 of the Second aveuue line, and 80 se- ol bg ry (oe ee eee to waa procured ty Iraud. It was also verely injured that the physician says she will not faith for the sole and exolusive benefit of the de- | ©! by Tespondent that recover. fendants’ si and under authority of acts | Wa* sia = tag tin the first instance of | ‘Tax BLIND Resipewre’ BENEVOLENT BoctETY.—A Seing: Raton aw, ani ‘he Iaster an net | donor had tb to revoke the meeting was held at the Everett Rooms last evening, pursuant to acall of the above society, to consider by the appellants on the ground he best means of aiding ana assisting the adult ged the exchange of stock of one com the | tion was one that conferred & right upon Miss Rich- | blind of thig city. Not more than twenty persons other; that the issue of the stock was publicly and | Mond, and was therefore @ sul sal considera- | were present, and fully half that number ant blind. openiy made ‘and had been openly ment in the | tonto vib. a proms of mari » which con- | Mr. G, W, Carey, having called the meeting to order, reports of the Executive Commit to the Legisia- | ferred upon her the right of an action for breach of | Mr, A. T. Canfield was elected chairman and Ii, D. ture; that it was now im} ‘that P that contract, if a breach were incurred. The ques- | Van Syckle appointed Secretary. Mr. Dixon. a tion as to the gift was answered by the appellant claiming that a gift, if it could be revoked at all, could not be revoked by fraud, and they aile; fraud in the obtaining by Lawrence of the deed of Teassigument, At the close of the argument the Court took the papers, reserving ita decision, COURT OF GENERAL SESSIONS. Before Gunning 8. Bedford, Jr., City Judge. GRAND LARCENIES, ‘The first case disposed of yesterday was an tndict- Meat against Thomas Lyons for grand larceny, charg- blind man, rose, at the request Of the chairman, and explained the objects of the society. There were over 600 adult blind persons in this city, who, in spite of their dreadiul aMictions, were entirely de- pendent upon their own exertions. Blindness, the sneaker said, was no excuse for laziness or crime. Blind v; its who were able to work were a disgrace to the industrions blind, and blind beggars who were not able to work were a disgrace to the com- munity which neglected to provide for them. But it was necessary to do something for the indnstrious blind; for, sav that a man with full possession of sight can earn two Goliara per day, at basket mak- ing for instance, and a man deprived of sigh’ can earn one dollar, does it not cost them an equa! plaintit ap npon defendants’ books as one of its stock- holders; that the defendants believe that plaintify was “short” of the stock of the New York Central tht this action to de- value of the stock in the market for his private benefit, The defendants’ answer to the erent. tary complaint of the plaintifr in relation to the issue of their “interest certificates” sets up that since the passage of the resolution mentioned in the pis perpen § complaint the defendants have Is- sued the certilicates to the stockholders of the com- pany only, and denies that said certificates were ued without to whether they were in ex- cea, the stock clatmed by Plsinti co have, Hest | mg him with breaking @ showsase in front of Louis | Price for nis read, "Tuere 8 No discount for afc. pend per cent of their capital | Nicoletti’s store, 801 Broadway, on the 14th inat., | tion, The man who is blessed with sight should heip his blind brother. Job felt it was a rose in his Path of afliction to look back and remember that in the days of his prosperity he was eyes to the blind. Mr. Dixon concluded by proposing the following brief but forcible resolation:— Resolved, That the aftiictions of the blind are much ax to call for the assistance of the community {n relieving their wants. POLICE INTELLIGENCE. eq jock for the purpose of meeting the current ex- of the road, keeping it in order and increas- its facilities, and that these certificates repre- sented the amount of that outlay. It dénied also that said interest certificates have been issued to the amount of $20,000,000, as alleged in the sup- | pepe complaint, and averred that they were ‘ ok to the amount of eighty per ceut upon 712, which contained $200 worth of human hair. The prisoner was caught in the act, and when chased by the officer he threw away an iron chisel. After his capture he had the coolness to remark, “If I had been down in Wall street it would have been all right.” The Judge sent him to the State Prison for two years and six months. A NOTORIOUS FEMALK THIEF—THE WICKEDEST WO- MAN IN NEW YORK. Mary Ann Possing, alias Sharp, pleaded guilty to LSres larceny, the charge being that on the 12th Inst. she stole $130 from Rufus B. Craft. : Judge Bedford, in passing sentence, said:—Mary, you are one of the Worst women in New York. | Temember a year ago, when | was a prosecuting officer in this court, yeu were jointly indictea with two men named Strickiand and Sharp for a rob bery in Kose street, The men were convicted, and the Court saw fit, on account of the aggravated cir- cumstances, to seutence them to twenty years’ im- prisonment. You got off by @ technicality, although guilty, because you were the wife of one of the men, of stock, and no more. ‘The attidavit of Daniel Torrance, vice president of the defendants’ company, set forth that the interest certificates have been issued to the stockholders holding stock to the amount of eighty per cent upon $20,712,000 of the stock; that ali the certificates were issued in good faith, and without violating or intent to violate any order in this action, and that none had been issued since the order of Jadge Cardozo enjoining said issue had been ited, on the 2d of January; that the majority of the persons to whom such certificates were issued are residents of New York city and vicinity, and that nearly all of them applied for and received the certificates to which they were entitled; that many other stock- ALLEGED FELONIOUS ASSAULT.—Daniel Ettlinger, of No. 35 Walker street, appeared before Justice Dodge, at the Jefferson Market Police Court, yester- day morning, and complained that one Charles Coffee, a butcher, felontously assaulted him yester- day at the corner of Wooster and Bicecker streets, He averred that the accused, without the least pro- vocation, seized hoid of him, struck bim and from his pocket drew a large knife, with which he at- tempted to stab him, For a moment the ruifian was frustrated in his murderons design by the complain- holders jiving in more distant parts of the State have r been refus aud consequently were discharged. You are | ant himself, and were it not for an oificer, who was applied tor the eeriltcats and have that = brought before me on a clear case Ot theft, having | fortunate}y at hand, the life's blood of another citi- than $1,000,000 of this illagal'axceasive stock was is. | Stolen $130. 1 shali put you where you cannot | zen mignl’have been spilled. Coffee was committed sued in'1856, ‘and that the whole of it was issued | thieve for some time to come. ‘The sentence of the | to answer. prior to 1868; that it is now tmpossible to distinguish ante you be confined in the State Prison tor EXAMINATION OF WESLEY ALLEN.—AD examina- it from the $23,035,000 mentioned in the agree- ANOTHER FEMALE THIEF. tion was held before Jnstice Dodge yesterday morn- ment of consolidation; that it was openly and noto- riously issued, in compliance with and under authority of law and not otherwise, and that the defendants have received for such stock more than the par value thereof; that the injunctions and orders made in this action have a very injurious ef- fect upon the company and the interests of its stock- holders, and deponent prays that the same may be revoked. ‘The affidavit of Horace F. Clark was next read tn rebuttal of the allegations of the aMdavit of Heury Thompson, upon which the joint resolution to show cause was granted. The affidavit of Mr. Thompson referred to set forth that deponent was a dealer in stocks and generally acquainted with the transactions of the stock market; with the defendants’ stock, and with the manage- ment of their stock; that sincé the injunction m this suit was granted the defendants had secretly agreed not to issue any cash dividends, but Had agreed to issue these interest certificates to all the holders of stock of the defendants, irrespective of the fact whether they were Lona. ide holders of said stock or whether said stock was issued in excess of the amount which the ie ch lawfally empowered to issue. ‘The affidavit of Mr. Clark set forth that he 1s one of the directors of the defendants; that said defendants have never, at any time, agreed not to declare any cash dividend for their earnings, or to issue in lieu thereof certificates of indebt- ness, as stated in Thompson’s altidavit, and de- ponent further denied every allegation of sald aMda- vit as to the inteation, agreement or propositions of the defendants. The next paper read was the affidavit of W. H. Hunt, a counsellor atlaw, who deposed that he had examined the papers filed with the clerk of this court and ascertained that the only undertakings filed on the part of the plaintitfon obtaining the first Anme Wilson, who was indicted for stealme a gold watch and chain from Joseph Corric on the 9th inst., pleaded guilty to the charge. His Honor sald in passing senlence that Annie was a “pal” of the other Woman, and sent her to the State Prison for two years. ing in the case of Wesley Allen, charged with steal- ing an overcoat from the store of Brokaw Brothers, in November last, valued at thirty-five dollars, Wit- nesses were posed for the prosecution, who tes- tifed that ¢ the proper of the cowpiainant, a salesman em- ployed m t#® store. The room where the examina- tion took place was _partiy filled with Ailen‘s wit- nesses, who rebutted the testimony of prosecution, ali of them testifying that Allen pur- chased the coat from an unknown person for ten dollars and that they were present at the time. Jus- tice Dodge took the papers and reserved his decision. Allen was commitved to prison. SNeAK THIKVES.—Dr. Lewis Fisher, No. Jnat'ce Dodge, at the Jefferson Market Police Court, yesterday morning, and accused two respectably attired young men, named Charles Henry and Henry Hinensen, of callin professional business, time two overcoats, valued at eighty doliars. servant of the house answered the accused's sum mons at the door, and while she sought the doctor, SENTENCES. George Higgins and Heischhberg, who were charged with larceny, pleaded guiivy, On the 9th inst. they stole a showease containing jewelry from the store of Henry Seckamp, No. 12 John street, Higwins was sent to the State Prison for turee years, aud his confederate for two years and six months. Alexander Davidson pleaded guilty to an attempt at grand larceny, the indiciment alleging that be stole a diamond ring and other jeweiry, valued at $179, on the 21st inst, Mrs. Bush, the owner of the property, interceded in his behalf, and the Judge sentenced hin to the Penitentiary for one year. Catherine McCann, Who was charged with siealing thirty-eight dollars’ worth of bed clothing, tie pro- perty of Isaac Marks, pleaded gulity to aa atie:npt, jhe was sent to the Penitentiary for three montis, BURGLARY, James Williains was tried ana convicted of burg- lary in the third degree, The evidence showed that on the night of the 13th last. be and a confederate, whe escaped, burgtariously entered the saoon of Max G. Zeller, 71 avenue A, with intent to steal wine. An officer detected him coming out of the renmiises, and when arrested endeavored to escape. he Judge, in passing sentence, said that Williams was a nowrious thief, aud he would therefore sead bin to tne State Prison for five years. HIGHWAY ROBBERY. James Reagan pleaded guilty to robbery im the first degree, we charge bel that on the i7éh inst. be Knocked down William Martin and stole trom hum a silver watch wortn eight doliars, Jndge rH residing at rushed to heard the alarm made. found in an outhouse, where the accused hai thrown were committed to answer without bail. A ReeuLaR Knock Down Rorseky.—James Barry isa respectable citizen of humble means and occu home when he was stopped order of injunction was signed by James ik, Jr., Bedf : - 7 4 ford, in passing sentence, said that Reagan be- outa of nineteen, who resides at 252 Mott street, and Sere ia Maco Wi cased te aia sun of longed to a ‘bad gang of young men. is Honor Yhree ‘other youths of like. lawicss propensities. ‘3 said he was gomg to put an end to knocking down | McNamee was so unneighborly ax to knock down and Isaac N. Jenks, in the sum of $3,000, Mr. Fairchild remarked that it thus appeared that there was only $5,500 of security given upon the cituzena in the street and robbing them. If the pris- oner had been tried the Judge would have given hira e coat fonnd on the back of Allen was the 231 West Thirty-eighth strect, appeared before his residence, ostensibly on nd stealing therefrom at the ‘The whom. they asked for, they took the property and e street, where, fortunately for the com- plainant, the fugitives were caught by an oflicer, who Subsequently the coats were them in their flight. Both denied their guilt, but pation, and resides at 260 Mott.street, in the Four- teenth ward. On Monday night be was returning by James McNamee, & Barry with a blow from his fist, when the gang took from his person a bag containing nine dollars and 5 LR lishment than from an agricultural warehouse. Mr. Lincoln asked if the company was acting in good faith in promising to remove, and was assured that such was the case. ‘The secretary asked that they be permitted ta remain until the first of February, and under @ pro- heturings he ronuest waa grams factu 4 was ‘Commissioner, CRANE moved that the Board go into an election for Sanitary Superintendent. Commisst 4 loner STONE 3] ved the motion, and moved an amendment that the Board go {nto te elec- tion three weeks from to-day. Commissioner SWINBURNE thought it would be very unwise to defer the election, and the Board ceeded to an election by ballot, when Dr. Harris, Register of Vital Statistics, was elected Su- Berintendent gn the following vote:—Harris, 1; Dre ‘The ballot for Assistant Sanit Soperipienient for Brooklva was tnanitouly thrown » KR. Co Dr. J, T. Nagle, Lioyd Stevens, W. 8. Wescott, F. J. Randall, Louis Applegate, Aug. Viele. pe MANIBREB Offered the following, which were ‘That until otherwise ordered all for the removal of the body of any deveused. person From the elty of Brookiya for Interment, PO, Hasina of deceased pertone in the city m of be ‘and signed by the Assistant Sanitary ister clerk, and sbail, under the Pete enmedinte ia un superintend f the Superintendent tor Brooklyn, have charge. of the. records ‘of, this Board relating to Cac ae of birtha, in thes ‘of Brooklyn, of Vital Saditics, eZeopt an ot "phat, until otherwine ordered, all permits for the re of the’ body of any deceased person from the city of New York for interment ‘and all burial permite an permite for iter it remains aity of New York, a eetehed and sigoed bv the Samiiary mr nt. titles of + of Vital Statistics” and “De puly Hegistrar of Vial Seatitios" bo abolished. John Brown was appointed ter clerk for New York. to perform the duties Tately performed by Dr. Harri ss Dr. CHANDLER maie a brief verbal report as to ex- periments with kerosene lamps of different patterns, and an adjournment wok place until next Monday. THE FRUIT GROWERS’ CLIP. Meeting of the Club Yesterday Afterneon— Sparrows and Crowe—City Gardens—A Horticultural College for Women Sug-- gested. Quite a large assemblage of ladies and gentiemen met yesterday afternoon at Agricultura! Hall, No. 245 Broadway. In the absence of Dr. J. E. Snod- grass, Mrs. Dr. Hallock, vice president of the society, took the chair. Miscellaneous business being in order, a letter from Mrs. Jenny L. Whit!ock, an- nouncing her resignation as treasurer, was received and read. The resignation was accepted and Mr. L. L. Whitlock was elected in the place of lis wife to the same position, ‘The secretary, Mrs. H. T. Williams, read an appeal for the preservation of birds as protectors of the fruit crop, and referred to the ex- perience of France, where statistical information proved the wonderful usefulness of the litte bira, the English sparrow; the same experience was had in England, and @ suggestion was made that farmers and gardeners should protect them, Mr. Carpenter spoke of the experiences of, citizens of Watervliet, where birds are protected against huntsmen, and tnat the people are much more free from insect pests than their neighbors and other parts of the country. Dr. Snodgrass having arrived and taken the chair, stated that the meeting was not exclusive to the members of the club, but all are in- vited to participate in tae debates and make sugges tions. Mr. Carpenter resumed his enlogy of tha vsefulness of the litte birds. Im the course of his remarks he mentioned that formerly be believed crows @ nuisance, but his later experience taught ium that they are a benefit, They are great insectiv- orous birds, destroying the worms, the grasshop- pers and other insects, The farmer ought to protect them. Dr. Snodgrass suggested that crows are tak- ing eggs and even come to the barns. Mr. Fuller declared tumself decidedly the cham~- pion of the crows and gave his own experieuce in support of his views, believing that crows will not touch an egg or « young bird unless rved almost todeath. The secretary referred to the fact that twenty and more years ago the truit crop was better, oid farmers and gardeners being in the habit of re- ferring to the “good old ume,” and this was due more to the protection trees received from birds than. since from the law. Mr. Bruyn, of New Jersey, bee heved that eveything that wears feathers, except hawks and the falcon species, should be protected vy law. Dr. Hailock, of Milton, thought that no bene- fiteould be derived from all the statates that may be filied up, bot that all members of the society should form theinselves inte a police force, minus the cinb, and protect the iittle bi All his neighbors would introduce the spartow and want to know where they can. be got. It being suggested that they would have to be imported, it was suggested to have a cargo of sparrows brought from Engiand. Mr. Greenleaf, from Long Isiaud, a!so put in hia experience in favor of tue crow. Mrs. E. Lyon, of Rhode Isiand, believed that there are diferent degrees of civilization among crows, knowing herself that some atvempted to pick out men's eyes, and the lady herself had to sustain some sharp fights with someofthem. Mr, Holton, of Haver- straw, inveigied against the robins as enemies of grapes, raspberries and strawberries, wiile they leave insect nesis along with their own nests entirely undisturbed. ‘The only worm they feed on oceasion- ally 1s the angle worm, the best friend of the farmer. if B. Willumson defented the sparrows in Jer- rs. Dr. Hallock mentioned Swelenborg’s doctrines that the habit of birds is correspondential tothe habit of the people among whom they are and if birds are destructive it is because they proba- bly feel they are ataong enewles; amoung friends they behave differentiy. eight.years in the State Prison; but, as he pleaded | made good their esca) Mr. naturally be- j en ting of these injunctions, which Involved very | rity, ne war sentenced to five yeurs’ imprison- | came (Rdignant at this unwarrantable appropriation | 4,T%!# subvect being deciared eumelentiy youliated r. Vanderpoel said he that was enough | mei of his money, #0 informed the police and oMcer Mar- | \Ciy Gardens.” +The idea, he said, was to secure and cover all the damages the company 1: Airis bi Sinots was placed on the alert. Yesterday the oficer'| prevailing that becanse living one could sustain m this action twice over. COURT CALE! bay. pth pees ‘of Barry, remanded the prisoner ior | cAmnot Rave a garden. 3 nee Mr. Fairchild did not think so, and, after express- —— opinion, the matter was dropped. ir. Fairchild then read, in answer to the affidavit of Isaac N. Jenks, the AFFIDAVIT OF CORNELIUS VANDFRBILT. SupnrME CouRt.—Jenks ve. The New York Centrat Rai?- and & COURT—GENERAL TERM.—Nos, 50, 55, 56, | (rial at the General Sessions in default of bail. 7, 3 39, 40, 90, 91, 08, 94, 06, 97, 98, 99, 101, 102, 108, 104, 108, 100, 110, 114. Sorreme CouktT—OHAMBERS.—Nos. 33, 63, 90, 91. Marine CourtT—TriaL TERM.—Nos. 1184, 1294, attired, called upon Justice Dodge at the Jeiferson —- and of New York, e.—Cornelius | 1419, 14244, 1461, 1374, 974, 817, 1430}, 1486, 14364, | sired to obtain a warrant for her son-in-law, who Fenris tring eworn, @ that he has read what purporis | 1457, 1480, 1511, 1612, "1613, 1514, 1615, 161534, 1516, | ge sald had robbed her by surreptitiously taking the action above entitled, on the 19th day of January, instant, | 1517, 1628, 1510, 1620, 1621, 1622, 1626, 1526, 1627. away from her residence, No. 130 Prince street, a and deponeat never heard the rumor therein men- COURT OF GENERAL SBSSIONS.—The People vs. uantity of household goods. As officer inn, of tioned in regard to Be pees by it of Charice Walker; grand larceny. vs. James ae Eighth precinct, was in court, the jicant, amounts of stock pa eer Tem Con ——, ad Scott; grand ervane. Same vs. Andrew Gilmartin; | Mra. Annie Pibaues, was directed to him with the Geet cad telson, Sf'h cxtesea,” ia, lacs cles romorn, case: | Cer@iars. Suave ve. Jules. Women; grand laree ny. child; jarceny, second offence. Same vs. Shearer; burgiary. cw Pex; burglary. ae, Same vs. Charles Smith, alias Joseph Rothe. Deponent farther mye that he does not believe that any in- lobert timate personal trend of deponeut over informed ‘said plain. Seme vs. William Heaney, Fran- Mm that deponent held on the night of December 19 130,140 of defendants’ stock ; but as the plaintit pti does not give the name of such friend, deponent is unable to Br procure bis afidavit to contradict said adn Of the plainetf. CITY INTELLIGENCE, months since dangiiter, Miss Sworn January 31, ¥09.—WAn, T. MonwRN, Notary Public, need Josephine Aubanel, and after ? —— it pay bere Tur WEATHER YEsTERDAY.—The following record | hot having werk more than enewird. of the ‘ce ‘This affidavit was received with a burst of laughter, and as a reply tothe afidavit of Jenks was pro- nounced “a mode! document.” This closed the reading of the papers, and Mr. Vanderpoel proceeded to open the on behalf of the plaintiff, and ha concln followed by Mr. Fairchild for the defendants. The further bearing waa adjourned until to-day. will show the changes im the temperature for the past twenty-four hours, as indicated by the thermo- meter at Hudnut’s pharmacy, Henaiv Building, 1 hog corner of mj street: — 2a.5 3 tuis fact was known the oid lady, 3PM. rage cure... Average temperature on Wednesday. o Suppkn Deatn.—James McKibben, of 301 East ‘Thirty-eigbth atreet, died suddenly yesterday from unknown causes. Coroner Keenan was duly noti- fled to hold an inquest, DratH FROM BURNS.—Corouer Keenan was nott- fied yesteraay to hold an inquest over the remains with the and'enune nf que Impriscament and dteotton, of Elizabeth Emerich, who died yesterday from the Wrneecorer natne he aball be called or charzed , before effects of burns, caused a explosion of @ kero- Chambers, So, &8 Chambers street, in ne any of New Yorn, | eeue lamp ou Sunday, at 643 Rast Kioventh street. ork, on the 294 of January, 1868, at eleven 0’ in the fore Emigration Laton EXCHANGR.—The semi-monthly noon, to do and receive what shall then and there be cousid: | report of tbe Superintendent of the Caste Garden | Superintendent. wi tutnar ae ‘one of the Justices of our | Labor Exchange states that from the 2d to the 16th Anpecial meeting of this Board took place at two hundred and oes of January, one thousand sight | inst, there wore 1,480 applicants for employment; 765 | O'clock yesterday. Present, Commissioners Lincoin, | Thea a CHAS. F. LOEW, Clerk. wrders received from employers: 675 persons were Brennan, Bosworth, Stone, Crane, Smith, Manierre ALLIAM F. Hows, Counsel for James Logan. given employment. ane Gwinverne. ‘The wrft was endorsed as follows: — Drath FROM SCALDS.—On Tuesday evening, Dr. Janes, Acting Sanitary Superintendent, sent Thereby allow the within writ. Oscar Fox, @ little boy, aged two and « half : A A Ru . im are) from which the following is extracted:— wr ros IRGRAHAS, Jestioe Bupseme Court pulled over & cup of boiling) hot cot port, prhend i od seh tak rw fect ne ‘hed. ile: Sadia i which stood on the tdbie of hie parents’, in been, , wis, two st No. writ certiorari was ned, requirtag - tree! atreet. at 404 East rteen' cause to be shown why, and the authority under bafta ng Sree ners ones street, the latter fatal and traced di to East Thir- = Michael Er the brother of the above | thas susiained that death ensued on Wednesday. The foil is a complete list of the Drisoner, id a8 & Witness at the House of | Coroner Keenan held an inquest yesterday, when a | Cases to the present time:—No. 431 Thirteenth ee sete wt Ob ta the | Yetdlot of accidental death was rendered. in one, death and one James Tan who was Aww 7 THE Poon.—Archbishop McCloskey will de- A diatngoctes, 2 Bey ‘that name taken into custody. arrested, and was the second other | jiver a lecture at St. Patrick’s Cathedral on Sunday james I. surrendered himself upon becom! evening next, The admission charged will be ap- fami ree rooms. eee retain Ta uiscmen ddlues te tre Cf | propriated for the benefit of the poor visited by peoents piroct, Tatee ioe t + - hao of Michael, claims to know nothing whatever of the | the mempers of St. Vincent de Paul, This so No. bast murder of Mr. ‘and Michael asserts that he | ciety expended $2,524 to alleviate the sufferings case; disinfected clothing, bedding and also is ignorant of anything connected with the | of oe, during the femal making 12,126 visite Kast ith street, one case; tragedy. to the poor at their homes, ‘This laudable work of | disinfected premises und privy. No. 498 Thir- hill is charity again appeais to tue public for aid aud ought three cases; len SUPREME COURT—GENERAL TERM. not to appeal in vain. ante tor clothing. No, 443 Eaat Thirteenth Rem: hrmnemen Hei. Gate OBsTRUCTIONS.—The blasting opera- “gig saul a” thus edb a Mother tions which have boen going on for some time irteenth ee —— A Five sand Dollar Life nee | ** Hell Gate were yesterday temporarily suspended. rooms bende Mey | ny * and Thew Incera: ‘. went Poliey tn LA On Wednesday the men were at work, and there eine renter ct asthe A y RoW seoms every reason to believe that the attempt te clear the channel of the sunken rocks will be car- ried on to # successful termination. ‘The boring ine chinery has been a, very considerable number of Diasts have been made, If the weather coptivucs fair and machinery does not get out of order operations will soon be com- menced again. COMMISSIONERS OF CHARITING AND CornngcTioN.— Astatead mecting of this Board was held yesterday at the office, No. 1 Bond street, the President, Com- missioner Bowen, in the chair, A large amount of the ordinary roatine business was disposed of, com- fotos various ‘Soaiitutions ‘wader’ tue direc. Before Judges Clarke, Sutheriand and Barnard. The Washington Lise Insurance Company vs. Hannah M. Lavorence and Maggie Richmond.—This was a suit brought by the plaintim to compel these aefendants to interplead, both defendants claiming payment apon a policy of life insurance for $5,000 issued in 1861 to one Daniel & Lawrence, Jr. Tho facts of the case as de’ somewhat remarkable. pears Lawrence was the mother of Daniel B. Lawrence. J1 the other deicndant, Maguie Richmond, was hi aMavced. The policy wae iseued in regular form, di some tine Ih 1862 Lawrence assigned it td Miss vy Kichmond, for & valtiable consideration. ex in the deed of asmgument. This Engineer Matiews asked for an appropriation of fifty dollars to purchase apparatus with which to sla ty ats tr ede wk cat charel ie a ms ont jon was = e granted. Ita Vela fish guano establishment nuisance at Astoria was taken under the Assiat- successfully and a that in the summer Many of the ‘odors experienced vod cane. frotn came from other sources. The company bean endea' to find another place, and ta the had over $30,008 worth of material there it would serious to them ‘9 remove their in inted chat there wap ne mere oder i ine tous the cuban A Move. Son-In-LAW.—An elderly woman, neatly Market Police Court Wednesday afternoon, and de- necessary, but a small space conservatory of a few choice p! i benefit m home coinforts and pleasures derived from agorden. But agricultaral and hortica.tural jour- nals and science are neglected, while the nonsease of modern novelties ts eageriy sought for. The dim. culties, such as poor soil and the like, the dust and insects were referred to and the t by which to overcome them. There are many advantages. ‘The atmosphere, enclosed within high wails, is never too cold. e location, the ground facing south and north, was spoken of as indicating the different Kinds of plants swtable to it, A proper selection, looking to adaptation to soil tion, ism » Even te injudicious _— to ornamenta! plants the a) of adaptation should be followed. The jeaved evergreens, as rhododendrons, Kalmias and hoilies, will ‘thrive our climate, have flowers of great beauty and deep, git Cleanliness is the great secret Hi puré water and keep the leaves clear from dust, The ferns were referred to as affording 8 Dleasing sigh with the interstices filled with & just the position for them. Flowers un- other a were spoken of indi the evening. Some conversion, arose upon the si all the year, i ; i i | in feulfaet f : bf i i ii : 2 : He ais THE STATUE OF FIT2-QREENE HALLEGR. ‘The friende of the late gifted poet, Fits-Greene Halleck, yho may desire to contribute towards the erection of @ full-length bronze statue of nit, fod which @ site has been selected by the Commisstoner@ st Benjamin H. Field, Treasurer, 127 Water street. dames Grant Wilson, Secretaty, Ce lark’s pact Hamilton Soruel B, Rage!es William ©. Br: Wiitain H. Appicton, Jon H, Gouriie, William T, tion goth Wiliam Kembte, Andrew tH. Greed, Bvart A. Duyvkinek.