The New York Herald Newspaper, January 30, 1869, Page 5

NEW YORK CITY. THE couRTS. UNITED STATES COMMISSIONER'S COURT. ‘The Alleged Internal Revenue Blackmatling Case. Before Commissioner Owen. United States vs. David Lichtenheim.—This case, in which the defendant, nue formerly an internal reve- is charged with levying blackmail on Oscar Hoym, @ Manufacturer, was summed up by Deput; I> by Depui y District Atiomey Ethan ‘Anlen for the gov- Somualssioncr an his understood, will be given at an Before Judge Ingraham. Richard P, Perry vs. James Fisk, Jv., and the Erie Ratiway Company.—The plainti® leased what is known aa the supper room of Pike’s Music Hall, situated in Pike’s Opera House, from S.N. Pike, for ® period of three years from October 10, 1868, at $600 per year, the right being conferred upon him to hold religious services there on Sunday evenings. ‘The Morning Star Mission Sunday School met there for worship under plaintiff's consent and superviaion. Atter Pike had sold the Opera House to Fisk, the Erle Railway comptrolier and pers boule riaina- alterations be made in the ot on the 17th of January, when the number of po {nemacives a: thy ulin ahh A hd decision — Plaintiff framed his action can naraly ES gousidere eres no Hate in the land‘and ho interes’ in the pret except for one day. It 1s, in fact, nothing more than an agreement to allow the plain- tg the use of the room for one day weekly. The damage for violating such an ogreement can easily” be compensated by an action, and Where such is the case an injunction ig not the ie remedy. The defendant, no doubt, has made imself Hable to such a claim; but after the injury has been done and the room rendered unfit for ocau- pation M0 good would result from: pruhibitii any further alterations, as neither party could use a its present condition. If the agreement was be considered a lease, then the defendant, being in Possession after the non-payment of the rent, cannot be considered a trespasser until the it ts 5 dered, which should be to the Jandlora, 4 BE & er sattorney. So is no ae ground for con- lotion ni tion dlsgowved. eaction, |X denied and Injano- RS SUPREME COURT—CIRCUIT. Interesting to Sandy Hook Pilote=Tender of Services Should Be Made to Inward Bound Vessels at the Hook. Before Judge Cardozo, Sullivan vs, The Pacific Mail Steamship Compa- ny.—The plaintif is 2 Sandy Hook pilot and brought this action to recover the amount of the fee for con- ducting a steamship from Sandy Hook to New York. It appeared that the plaintuff hailed one of the de- fendants’ steamers about twenty-five miles outside of the “Hook” and offered his services to pilot her in. The commander of the vessel declined to take him, and Sullivan claims that under the law, he being the first pilot who offered to perform that duty. to the veawel, he was entitled to be employed, being duly licensed and aathorized by the of Ptiots. ‘The Court dismissed the complaint’on the ground that the vessel was not coe to employ a pilot at all until she had reached Sandy Hook, and it did not ap) that the plaintit had offered his services when the defendants’ vessel had reached that point. SUPREME COUNT—SPECIAL TERM. Decisions. Judge Barbour delivered judgment tn the follow- ing cases yesterday morning:— In the Matter of the Petition of Edward J, ander- son for a Writ af Habeas Ps, ae Hig allowed. oe vs. The Sherif, &c,—Motion granted with- King et al. vs. The Third Avenue Railroad Com- pany.—Motion granted without costs. Ranseli vs. Muller.—Motion granted without costs. Severin et al. vs. Trenor.—Motion granted on terms, By Judge Cardozo. Robert Conway vs. m Gillespie.—Defendant may answer in five days on hay bose of ten dollars a “= see Judgment and execution restored Redmond vs. Elmore.—Report cenfirmed and or- der granted. McGrane vs, Charles Lucas, éc.—This case will be : Feuconry peremptorily for trial for the first Friday of Lyons vs. Birdseye.—Motion denied. costs to abide event. Ma |. Robinson vs, Anthony Rodinson.—Motion Joshua Atkins et a., v8. W. Horoland et al.—In- Juuction modified and receiver appointed. COURT OF GENERAL SESSION3. Before Judge Bedford. The court met yesterday morning for the purpose of sentencing those prisoners who were remanded during the week. THE FORGER OF RAILROAD TICKETS SENT TO THE STATE PRISON. : Wm. G, Wright, who pleaded guwity to uttering forged railroad tickets, was the first prisoner ar- raigned atthe bar. After a few words from his counsel District Attorney Garvin said that he was sorry to say the defendant did not occupy an envi- able position before the court. He was thirty-four years old and had had sufficient experience to know tter than to engage in forgeries of the description for which he was indicted. There was no reason, therefore, why the sentence should de less than the extreme penalty of the law. REMARKS OF THR CITY JUDGE. William G. Wright, I concur with the District At- torney in the remarks which he has made, The Grand Jury indicted you for forgery. The tndict- ment contained two counts, one alleging forgery in the third degree and the other the fourth degree of that crime. Had you been tried you would have deen found guilty of forgery in the third degree. The District Attorney has accepted a plea in the fourth degree, certainly all the clemency you could expect. Your record is bad. A Grand Jury have it in thetr power to indict you for larceny and for false pretences. In one word, you have lived, thrived and oes upon deception. 1 owe tt to the com- munity and for the protection of the railroad com- panies whom — have so largely defrauded, and also by way of example to reckless, unprincipicd racters like yourself, to mete out in your cage the severest ity known to the law. The sen- tence of the Court 1s that you be conined two years fn the State Prison, SENTENCES, ‘Thomas Dempsey, elias Jones, who pleaded guilty to burglary in the third degree, was sent to the State Prison for three years and six months. Counsel for the defendant said before sentence vay passed fie wished to produce a witness to prove tl a char. acter of the prisoner. Judge Bedford repil Wy. y- ing ghat kespe tbl pan would seit ANe sey's good character, tot hd Was indicted for buy. giary in the first degree and when arrested not only gave a false name, but had tn his possession a skele- ton key, showing that he was a professional burglar, Marcus Raymond, who was guilty of an attempt at grand larceny, Was sent to the State Prison for two Years and six montis, James Scott, who made siiniiar plea a few days since and who th i teal denied that he was ever sent to the Pen- itentary, was brought the “bar, Although the City Judge was informed of thia fact by two eo officers, the boy was #0 persistent in denying he charge that his Honor cansed an investigation” to be made, which resulted in suowing that gross ——— ‘was practised by him upon the Court. ‘The Judge regretted that he, could not send him to the State Prison for a longer period than two years and six months, which was the sentence. a Won i was suspended in the case of John Nor- Five dollars ris, lerbert, De @ id Sid en Caretta oe ir'tney were Over arrowed gaan wee aNd PP nat tothe entreaties oF tele feapentayre ‘Would sen’ tiem to the Sta ‘The court then adjourned, - —_———— _ * gitilpeqpenam " OY ptaschitek. ‘ete Woerren Yesrenvay.—The following record Swill shew the changes in the temperature for the past twenty-four hours, as indicated by the ther- mometer « not listen ie friends, but at Hudnut’s pharmacy, Werap Bulldii Way, corner of Abn street, by 4 SP. Y 9 Neca temperature Average temperature on Thursday +. 433 JUDGMENTS AGAINST THE Crry iN 1868,—From the annual report of the Corporation Counsel for the year 1968 it appears that Jud; ite have been ob- a lg sud twe etal ‘amount of tue Judgments is een1.200. ANOTHER ATTEMPTED SUICIDE.—A German, whose name is not known, aged about forty years, was yesterday morning discovered by the police in Fighty-sixth street, near Fourth avenue, fer from ‘tare of sugar of jend and laudanum w he hat a for the purpose of producing death. He ‘was taken to Bellevue Hospital. ‘Visiy oF BavtiMons Orricrare.—Mayor Banks, decision, which, it ip NEWYORK HERALD, SATURDAY, JANUARY 30, i909—TRIPLE SHEET. together with ® delegation of the Aldermen (and other prominent citizens of Baltimore, called at the cup Bon moterday foe the purpose of Teving giternt pie oe, They rare sarod rouge Clty Hall and new Court House. ASSAULT WITH 4 Razon.—Yesterday afternoon a quarrel occurred in Second street, near avenue B, Merwennnewhre iceuiate and John Murphy. The former, th drew a razor and ‘cut! Murphy over aie ie ayer nicl a ugly wound, nome hen mrpenad | by oMcer Roddy, of was taken to Bellevue Hospital. bt oer Fink IN Hupson SrREBT.—At two o'clock yester- day morning fire was discovered on the fourth floor Cte Ave story brick bbaliding cornan of Hodecn and ree Py omy eae factory. building was. $1,000; insured for stock, by water and moe $1,500; fared tor $20,000. tion of Pelee mop ot of trom th 600 to $5,000; ingurance not ascertained, ARREST OF A SUPPOSED BANK Rosser.—While on duty yeaterday on Wall street detective Irving, of the Centrai OMe, arrested Joseph W: alias “Batts,” who 1s suspected of being one of the three thieves who some weeks ago entered a bank in Broo! snatched ovat hetatar Sanat hae id where he was locked up NaRRow Escare FROM DEATH.—Mre. Edward Til- Jetson had @ narrow escape from death yesterday in her carriage near the new building of James Buld- win, No, 361 Canal st the di some we ee net ih ew be sg of orkmen WY, and fell over with a ie ‘one of them instantly and maim- the other so badly that he died after, infers Was sustained by the Carriage ‘nor ite occu. GE PARK ERY.—Tyg fan who was Tor the TatéFobbérd &t the Park Bank has been identified by General Francis E. Pinto asa soldier belonging to his late command, who enlisted May, 1861, in Company G, Thirty-second New.York Volunteers, under the name of Anthony Martin, land campaign from Brooklyn, By occupation a pyrotechnist. He Was an inco) le soldier, and aon Se Mary- 1862'was convicted of from @ Maryland farmer and placarded as a thief. He the name of his late commanding now ‘Sssumea Officer. ASTRONOMICAL.—OCCULTATION OF REGULUS,—On Thursday evening was an exact counterpart of the hazy and cloudy sky occurring on the evening of the lunar eclipse. The moon arose at eighteen y utes aie pte ‘clock; when it had reached ait Ale of fg otek NOD GE Noion hl br lant star of the navigator abont four de- niees to the east of the mi farther on, a, the northeast of {tb and now yesplendent even otak, a 2 shone Torti thé Indo! sat US ane 8 Regulus in its circuit at a the earth, at fifty-nine minutes after three o’cloc! lav ing; the star appeared Pate Gsm teat eestor and °¢on disappeated behind thg diac, not far from the mountain on tts stitface designated Plato, Tap Svicing IN Onossy Srreet.—Coroner Schirmer held an inquest yesterday at No. 125 Crosby street, over the remains of Isaac 8. Davis, the young man who committed suicide on Thursday by shoot- ing himself through the head, Deceased had called on Augusta Clark, an inmate of the house, when a dispute about money ensued and she threatened to pawn a locket he had given her. Davis then threatened to shoot Augusta and produced a re- volver for that urpose. The woman besought him on her knees not to murder her, when he relented and declared that he would kill himself, Evidence was also intro- duced to show that Davis had fired the pistol task the first builet missing its object and the secon: prmeeip | Sa ee the brain, and causing in- stant death, Wm. M. Tweed, Jr., a brother-in-law of deceased, testified that Davia had juently spoken of suicide as a relief from trouble, e jury rendered a verdict of suicidal death, which had committed while deceased was temporarily insane. OBSEQUIES OF Ex-JUDGE WALBRIDGE.—fhe fune- ral services Of the late ex-Judge Henry 8, Walbridge, who was accidentally killed on a New Jersey rail- road a few days ago, took place yesterday afternoon from the residence of his son-in-law, Dr. A. 0. Stevens, West Forty-first street. The remains were enclosed in a rich rosewood casket. The services were conducted by Rev. Howard by, D. D., who deliv- ered a brief address, in which he stated decased had been an elder of the Ithaca Presbyterian church for tuirty yoars, At the close of the rer meeting of the church on Thursday evening Elder Esty spoke of the serious loss which church and community were about to sustain in the removal of Elder Walbridge and his family, and the following resolution was adopted:— In the ordering of Divine Providence we are about to be separated (by removal from us) from one of our most useful f and time-bonored families, that of the Hon. Judge Walbridge ; “Rowolved, That Chureh deeply this painful iat we as a Churel in peceeaity ‘ae from a family, wh! with head has fil ‘80 long and ably the moat honored tion fi our Chutes and community. We hall never, f thetr fatluence for good among us, and aball follow tuem with an prayer and best wishes, and wherever God shail call them i9 spend the Temainder of ther” days may they be blessed with health and long and useful lives in the service of the Blessed Master. Among those present at the funeral were General Biram Walbridge and Heman Walbridge, Dr. A. 0. Stevens, Marcus C. Rigga, Dr. moog ee family and a number of prominent gentlemen from Leonta, N. a ap remains will be taken to Ithaca for inter- men! POLICE INTELLIGENCE. ASSAULT Wit A KNIFe.—James Geoghegan, an inmate of the sailors’ boarding house No. 250 Water street, was arraigned before Alderman Moore at the Tombs yesterday to answer # ch: of having as-’ saulted Solomon Kinsey with a knife and inflicting 3 cea wound. The prisoner was remanded for al, ALLEGED BURGLARY BY BoYs.—Detective Reilly, of the Twentieth precinct, yesterday arraigned two boys named James Reilly and Dennis Cushman, aged respectively eighteen and sixteen years, before Justice Shandiey, at Jefferson Market, vy com- plaint of John Savery, of No, 458 West Thirty-first street, charged ‘with burgiariously entering his bar- ber shop, at the above number, on the it of the 2th inst. by means of forcing oj the outer front door with some Instrument and stealing one over- coat and fifteen razors, valued in all at atx . ‘They Pongo nobguilty to the charge, but were com. a answer at the General Sessions in default of bail. ARREST OF AN ALLEGED GAMBLING House Prorni- EroR.—Waiter Patrick, the alleged proprietor of a gambling house at 608 Broadway, learning a warrant had been issued for his arrest by Justice Shandiey, appeared at Jefferson Market yesterday afternoon and gave ballin che sum of $1,000 to answer a charge preferred by James William Griffin, A natjve of Canada, temporarily stopping at the New For Hotel, who nar ths on the 2ist inst, at thd above number, Petree lla keep and exhibit » gambling tabte establishment, device and apparatas for the purpose of gambling, in vio- lation of the statates of the State of New York. Griffin states that on the night mentioned above he lost $14,000 and a valuable lot of diamonds in the establishment ) bey peat Patrick, in his informal examination, stated he was forty-two vears of age, born in Rensslaer county, lives in this city, by occu: pation @ broker and not guilty of the charie, ALLEGED FArse REPRESENTATIONS.—Robert J. Noughton, of No. 49 Dominick street, preferred a complaint peforg Justice Shandiey, at Jefferson Market, in which ho charges Thomas Thorn, residing at 221 Jay etreet, Brooklyn, on the s0th of June lagt, of having defrauded him ont of $300, Honghton charges that on the above date the prisoner him and represented that he owned four lots ot land at the southwest corner and Tenth avenue, "wilely ye would. dispose of fowerteee £90 "°F “phich was to be paid - ing the articles of the aaa to jembin 40 mortgage, and MRiwe ovalments, at ified times. Hot the statements to be true, conti for the erty, ing the #300 down on signing the articles of saiermente Since which time he alleges he has ascer- tained the statements made by Thorp were untrue, and made for the Re. of defrauding him. He pleaded not guilty to the charge, but was held for examination. ATTEMPTED Highway Roppery.—As Michael Car- roll waa passing through Washington street at a late houron Thursday night he was met by Thomas T. O’Donohue, residing at 143 Cedar gtreet, who pushed him without any ceremony into an adjoining alley- . ‘was there busily engaged in peat Nake Tom his vietim’s son thirty-five dollars by Hide the Iatter carried in bis Kt pockets, stance arrived in the poe of Anthony Welsh, of No, 139 Washington . street, Who saw the out committed, and ran wy in time to tarn the tide of battle in favor of Carroll, ODonohue was subsequently handed over to the tender care of a Meti iitan police officer, who car- ried his prisoner yest morning before Alder- man Moore, acting as Imaglatrate at the Tombs Po- lice Court, and thejiatter held O’Donohue for trial on ieee taal Seropte” waa ato os dent house of detention for witnesses. OPERATING ON A SAPB IN MAIDEN Lang.—About midnight of Thursday, as oMcer Fane, of the Second ward police, passed through Malden lane on his rounds, he heard @ noise on the second floor of No. 49 Maiden lane, occupied by Daniel Hess, musical in- strument dealer. He notified oMcor Guire of the fact an ine, kept a atrict watch upon the place. Boon af ie four men emerged from the bulid- Board of Assistant Aldermen, in which # was held, being again crowded by loafers, politicians and thieves. Why the politicians manifest so much in- terest In the case is almost as great a mystery as the murder iteelf,, That the smal) fry of the hangers-on about corner groggeries and political headquarters fare interested in the case in some way or another there can be no doubt, for the doors of the chamber are no sooner opened on the arrival of the Coroner every morning than they rush into the room in their usually gentlemanly way, always taking precious good care to instal themselves into all the soft seats they can find, to the exclusion even of the officials and the pales who ‘are compelled to rel the - 18} ‘Rot, howeve: macien with grou) Hg ela dl "ontcronay into all sorte of ee mal: go “s to stu thelr ‘dismoud Reranglea bod! ioe throne seats of the high dignitaries of the are 51 to be set aside for the String te ontneSF'ae eau 2 et of the inquisition. ‘The only omarkable part of (Ne yes- ei Behvelpey mit ion of Talland by the negro boy Gloster aud of oMcer Keirns in pcre we ti Peg bye 7 , of 2 fs very digicut to see what. fi ne can be attached to the identification of Gloster when it is taken into consideration his deathbed matter of cord ther Gloster some time ago, tn identifying rattand at us ciation honss, vomarked Bat he (Talland) was the Kyi man or 2 tak ns s pe rea mornin, murder, It d Is one of t! Stwo men seen then the ‘‘tall man’? described by Gloster must indeed be very tall and the Logans altogether nonentities in the case, me only pens of interest in detective Keirns’ state- at where he proves that James Logan con- cealed himself in @ house not his own residence, which very naturally by up the question ag to pe eye coeds the circumstances was at an mocent man, ESTMMONY OF DR. MAXWELL. Dr. Maxwell. sworn—I am a physician, and re- side at 44 Fast Twelfth street; I saw Mr. Rogers abont fifteen minntes after he had been attacked; I found on examining him an incised wound in the abdomi- nal wall; the wound had evidently been made by a knife or sharp instrument similar to the blade of a knife; the instrument entered the panies midway between the navel and e ip bone, extending obliquely downward through the entire walls of the abdomen; the outer wound was filled with a portion of the bowels or rather omentum; aiter passing my finger through the outer wound I found a sack formed behind the wall of the abdomen filled with intestines; I repiaced the intestines back into the abdomen and dressed the wound; Mr. Rogers lived fifty-two hours after he received ie wound; the wound was received on the fio! of the 8ist of December, about ten minutes eee of i o’clock, and he lived till the followin, GAY, we > ia nesistant District Atioriey Htchings—What time did yop go into the house tosee him? A. About fit teen minutes after the occurrence. Q. You live in the immediate neighborhood—right next door to Mrs, re, do you not? A. Yessir; a messenger came to my address and told me that I was wanted at Mr. y, and I immediately went there; the cause death wasevidently from the wound he received; a short time after Mr. ltogers had been wounded his brother picked up a piece of intestines in the area, which he gave to me. TESTIMONY OF MRS. MARIA E. ROGERS. The next witness called was the widow of the de- |. She was dressed in full mourning, and gave ak evidence in a very low, trembling tone of voice. The morning of the murder I rose about six o'clock; attention was first attracted to Mr. Rogers in the area by the breaking of the window; I wes then in the basement or dining room, and if was about ten minutes before seven o'clock; I was raising the shade of the window when the glass of the window broke at my feet; I pulled the blind a — to one side to see what was the cause of the when I door and again asi he mn shot; he said, “No, he robbed me and then cut me, there's his coat and hat, take care of them,” and he then asked me to go up stairs and geta cot and piace it in the parlor for him to lie on; we helped him up stairs, and I then noticed that there was biood on his pans; we got.acot and placed nim on it; Lasked if he had had any words with the man, and he replied, ‘Ob, no, no;”? he said two men came along the sidewalk, and the first he saw of them was one of them brandishing @ knife over his head; he said the man took his pocketbook and watch; that he then caught nold of him and while trying to hold him till some one came, he held him so tightly that the man became exasperated and then used the knife upon bim; in his efforts to get away the man struggied so hard and his (Mr. Rogers’) was so tight that the coat was torn; the part of coat torn off and the hat were brought up stairs; Mr. Rogers told me shortiy after he was brought iato the house that he did not expect to live. TESTIMONY OF OFFICER ROGERS. OMcer Rogers, .sworn—I am a brother of the de- ceased, Charles M. Rogers; I arrived at his resi- dence, in Twelfth street, about eight o’clock on the morning of the Sist of December Inst; about the first words he spoke to me were to the effect that he had seen the mon who had attacked him throw something tu the street; I immediately went out, and fn the midway of the street I picked up a knife- sheath; I returned <0 the house, and, casting my eyes into thearca, say something which locked like blood on the snow, or rather something about an inch long, which had the a nce of being flesh; I picked it up and gave It to Dr. Maxwell, who was then ing up the steps of the stoop; he said it Was @ pol of buman fotestines; I then went into the house to the bed where my brother was lying and asked him if he could give me any description of the men, any clue by which they might be in the fature identified; he told me that one was a tall man and the other’a short man; he also told me that the first he saw of them was when they came along uy the railing and the steps; he said he did not take any particular notice of what they were doing; he soon afterwards saw thetail man take the short man’s coat and the street; he then heard the “Jim, don’t do it}? the short man {i came from the Lr side of the street and én, behind Re ral, ee cise — aes flourished a kuiid i ed the dee: 8) j the man then grabbed Ins Wate and as ee the deceased. welzed him by the coliar of the coat: during the straggle the man got the watch and pocketbook and put them tnto ihe ‘ket of a ved thay on; a — my rother said he halloced “niurder,” when the man stabbed, of, a8 he exprésied ta dpm, and that he still tetaincd his hold of hith after Reaoiving the wound; while the man was endeavoring to get away that part of the coal containing the wate) and pocketbook was torn from hig back: OWNS to the tearing of the coat the man himself, when he poe 7 at Hy the ey Lr took tong over: con! 7 iy Tan to jroad- faite ra have mentioned that tio Syéstoat was ® light colored one; that is, the one the short man had, @nd which the tall man took from him, By Mr. Hutchings—Did the deceased givé you any other particulars concerning the appearance of the men? A. Yes; he told me that the short man was dark complexioned, and he thought, although he was not certain about it, that he @ smooth or clean shaven face. TESTIMONY OF WILLIAM GLOSTER. William Gloster, the colored boy wig passed through Tweifth street about six o'clock the morn- the murder, Was the next witness, He is evidently a very unintelligent darky, as evinced by his actions and the way he answered the ques- tions that were oy to him, On being toid to hold Up bis hand, in order to bé sworn, ho at once i thé left, which ereated a grent deal of merri- “7 among the ardtence. He was questioned by . Hutchings as follows:— Q. Where did you work iast December? A. At Wood's Musovim, in Broadway, near Thirtieth street, Q. Wherg were you on the morning of the sist of December last? A, About six o'clock that mornin, ed th ‘Twelfth strect in the direction o! Q. Did you mect or see anybody on your way th t block? A. Yes, sit; T[sawtwo men on the sidewalk at No, 42 East Tweltth street, near the gutter, and Mr. Rogers, tho old gen- tleman, inside the railing, sweeping. Q. Did you notice them do anything that attracted your attention? A. No, sir; I didn’t hear them com- mit thin; ughter)—nor see them make any low were dressed, do you remember? A. One of the men had on black pants and a light over. coat, and the otter had ona dark coat, @ kind of wor ig id you pasa by them? A. Yés, sir; asT went woe one Of them stepper aalde and T went atraight Q. What time was this? A. About six o'clock. . You do not know the precise time? A. No sir; 1 ktiow At WAS avout Bix ‘O'elock, either @ littie beroré ora atx, Talland, the man jered himself to the Fifteenth precinct police, and: who. Was all_along denied any knowledge of the murder, was here called by the Coroner and told to staud face to face with Gloster. Talland immediately came forward briskly, when the Coroner : Gloster, do you man as one of the "the ooj iooked at talaud for's mowear, aed at quickiy rent a moment aud then He was one of the men, 2 Are you sure of that? A. Yes, sir, 3 the boy uttered these words, accompanied by @ familiar nod of the head toward the Coroner, @ sort of sardonic grin oes at over Tal- land’s face, and, on taking he ed his shoulders and grinned more b) than before, as though he woutd have said, “' my time comes to be examined Vil ve easily show what # foo! the darky has made of himself.” The audience, however, were rather startied yd positive man- ner in which the negro assured Corover tiat Tal- land was one of the two men; and, in the inidst of me bess 96 Teulapering voleed which follo ansel for Talland arose client had been bro it that is, d. if he could maps ay Ayr yes og be able to iden- col oe was present, then his ony would The District Attorne: = Bo one, ta a <tbeing te ‘mardoror for @ jury, ‘who would adjadne q ing innocence wife counsel then, Intimated that fe would, at the would, at Parties begga is abilities hope ‘der amounted to, 5 pe ene ie, eee OF OFFICER KRIRNS. worn—I am & special detective in the Twenty-first precinct polices all that I know in Teference fo this case conomus’ the ‘atrest ct some The Ooroner—Which James rr ence to? A. James Logan Ro eas Ae iced by the apes are four oe before his arrest | was told to get hold of him if I could; ofticer r and myself started out on a hunt afier him on 6th of the month. and wa got him oo Tuesday, the 22th ¢ wo went about five o'clock Tues jorn- ing to 9 house in Forty-ninth street, near Third ave- sn bout half-past five o'clock we saw a man who a out tobe Michael Logan, James’ brothss, go the other, to she door of the hougé gnnosite to that hich we were and en: fb watt bu the door bein; Tooked: he di a a dee Fr and bul ‘away; about twenty minutes afterwards he returned and entered the house; @ half-hour or so after he went in his father came alo’ f come down dad go out: dows Pone.ainin acre own. at towards Second avenue; the old man came out afterwards and went down the street, in the direction Michael had taken; this was about eight o'clock; we remained watching the house until a quarter past nine o’clock, when James came out and Went towards Fourth avenue; we then followed and arrested him. here remarked ‘at 'No had two gine named Bony ie wo girls, name Butler and Carrie White, as CS in the 7 wid Were present, and he desired the Coroner shoul instrucs them to be present at the next sitting of the a rye instracted thi ‘ e Coroner 80 instruct ie + and then ad- Journed the inquest to Monday eige eleven A. M. INTERNAL REVEXUE, Wall Street Brokers and the Tax on Call Loans Employed as Capital—The Present Attitude of the Controversy With the Reve- nue Oficinis. ‘The internal revenue assessor of the Thirty-second district, Mr. E. D, Waster 8 still act in Wall street the part of the bull in the china shop. Not being the kind of bull they are “accustomed to in that grand financial centre no one nas yet beon able to get him by the horns, though plans are being devised through which there is hope of getting rid of this audacious and dismaying visitor. Everybody wiil understand that we refer to the excitement pro- duced by the attempt—heretofore alluded to in tne HERALD—being made to enforce the law imposing a tax of one twenty-fourth of one per cent on all capt- tal employed by dealers in stocks and ge- eurities. Heretofore these parties have been exempt from taxation. It is pFSposed that they shall be ex. empt no longer, that the alleged system of fraud practised upon the government shall be sutmarily stopped, and that they not only be compelied to pay taxes regularly accruing from this time, but the es in default of past payments due the gov- ment from the date of the passage of the Internal Revenue act, as amended July Re and applica- ble to their special cases. hen it is con- cca ee at regi gece district, the newly-appointed officer of whitch proposes to enforce what we have stated, ¥ takes in allour great moneyed mart, it is not to be won- dered at that those affectedjby this change of régime should set up @ promiscuous how! of dismay and indignation; that they would mect in caucuses; that they would appoint committees and lobby agents to 0 to Waal nto seo what can be done there; and, last and least of all, that they should prate of ry fem to the courts to test the constitutionality of ie law. To make the matter clear we quote the following clauses from the two sections the Internal Revenue law, as amended july 18, 1866, upon which Mr. Webster bases his present lure. Sec, 7% # Or when money advanced or loaned on stocks, bonds, bullion, bills of exchange, or promissory notes are received for discount or for sale, shall be regarded as a bank or 93a banker. Sec, 110, * * * And @ tax of one twenty-fourth of one per centum each month as aforesaid upon the capital of any bank, association, company or corpo- ration, and on tie capital employed by any person in the business of banking beyond the average amount invested In United States bonds. It will be seen that tne first section we have quoted defines what a banker is as interpreted in the In- second section merely he ai ern: ternal Revenue law. The prescribes for imposing the tax of one twenty-fourt! of one per cent on capital employed in banking, With the exception of course specified. Here the whoie case is in anutshell. Tho assessor has the law on his side. The brokers have greenbacks on their sido. It remains to be seen which will come off victorious. Meantime the com- bat deepens. Up to this point Mr. Webster stands as firmly erect and anshaken —— As the granite Lashed by the ocean waves, Onthe part of the brokers it is rnntored that th threaten to raise $2,000,000 to effect at the national capi their interpretation of the law or its repeal. tis hardly necessary to explain how brokers in ‘Wail street are bankers; thats, make themselves such through their present mode of = business, and are, tuerefore, amenable to tmpost of the tax placed on bankers. Their plea is that they are handling the same money over and over again; that they aro borrowing large sums to-day and fending large sums to-morrow, and that wilh a coe of say $100,000 they are cone bnsiness of $1,000,000, itis alleged that by the eniorcement of this iaw taxes indefinateiy duplicated will be paid on the same amount. The assessor on the contrary insists that no two or more mem can be operating with the same money at the same time, or to use the language of the statute, that the same money cannot be em- ployed as capital simultaneously by different parties, and that cach was a separate ou dis- tinct transaction. it’ i further alleged that as the law compels @ transactions of tebacconiats and liquor dealers to be kept daily with ® view to making ont the tax, so that every transaction of the broker lavolving the employment by himseif of capital should likewise be kept with a view to the game result. The brokers 1nsist that in some Cor, they lose, but this objection Is ings in the modus operand of odjusting tax on profit pr income, To show what the government has been losing through jack of enforcement of those portions of the tax law tO which we have referred 1s linpossible, and in fact can opiy be guessed af. The amount, how- ever, is at large. pe Asvessor’s book, of the dis- trict show gay @ return oF $16,000,000, | one hate @ Which in United Staves governmen, 22218 and tereiore not liable to taxation. Somo cstimate that there ts, on the contrary, in this district $600,000,000, some $750,000,000 and others $1,000,000,000 of capital in active use. One thing ts certain, that if the capital thus in use was properly and itimately taxed the internal revenue receipts would be increased from 5,000,000 per annum. Any num- it be quoted %, 3 of capital of than $100,000, While the parties themeeives conse to using annually a capital of hundreds of millions of dollars, ‘While many have made returns though mach #malier than the capital used, there are—so Mr. Webster as- serts—100 bankers in Wi Broad aud con- tiguous streets who haye made no retaros whateyor, All the bankers have admitted the fact of being bankers through Vs | out @ banker's license, Quite a number of prominent broers have already, in thelr conversations with Mr. Webster, conceded that his Ingerprotation of the law is correct. Legacies and Sacceasions. The following is @ list of the largest legacy and succession returns which were returned to Homer Franklin, assessor of the Ninth district. Up to January, 1868, little or no, tax had been collected from thia source, owing to the dimiculties the differ- ent assistant assessors met with in reading that por- tion of the law which relates to legaciesand succes- sions, About that time, however, Assistant Assessor Coughlin, of the Ninth and Assistant As- sessor Li jot, wi lesig- of the Sixth Toatter up, and the are under Assessor John F. Cleveland, have since been dest Rollins to make all as- feantrente of kis branel of the tax in the city and Harvard sectied tat in eke wruction of criminal construction 1H ‘one | Statates the letter only, not the spirit, was to be taken aa the guide, BROOKLYN CITY. UKITED STATES BISTRICT coi. Before Judge Benedict. Jn the case of Morritz Rossvalley, charged with engraving a plate of a five dollar national currency note, the motion for arrest of judgment was argued. Judge Barnard, who appeared for the detendant, urged the arrest of judgment on the nd that it waa only @ Plate that the defendant was convicted oY District y Parris argued that the plain it of the was to the one before the Court. Judge art reserved decision. Motion to Discharge from Arrest. ©. R. Wilson, the last of the four parties arrested on the charge of defrauding the revenue, in court yesterday, and his counsel moved Suit on a P; Note, Before Judge Gilbert. George 8. Diossy v8, Joseph H, Strauss and Ano- ther.—This was an action {0 obtain payment of a note for $300, made by pu t George Hase: Sk 00g defence second, bg de ent et sine, Vérdict the plaintif, $137 with interest. Sait About a Watch. P. B, Lawton vs, Mrs. Lynch.—About @ year ago Platntif! pawned a watch for sixty-two dollars with man named Einrich, in Fourth atreet, New York. Etnrich died aud the business was sold to the de- fendant, Plaintiff demanded the watch, tendering mapas aD ul am se ol is action w: the Value of the watch. The erence was ties the defendant was only the agent of her busband. The Court charged that elther the defendant or her hus- th was lable. It was for the jury to decide Verdict for plaintif. Court Calendar for Menday. to iivst, Usucy, ai 118,11 170, 3, 88, 166, 8G, 180 1a, toe, 168, 9 , , 183 191, 92; 193, 194, 195, te “ee dibuhsen CITY COURT. Suit Against a Lawyer. G. T. Myde, Recetver, ve. Joseph N. Greenwood.— ‘This was an action brought to recover, for the benefit of his creditors, from $18,000 to $20,000, the proceeds of property entrusted to the defendant, as alleged, by a client of his, to ke it from the hands of the creditors of the latter. Defendant, as alleged, whéh the property came into his possession, retained it for his orn use, | Decision téserved. Action Undér the TwoeThirds Act. John H. Morrow vs, Alpheus Freeman.—On the ‘19th of May, 1859, Caleb Shipman and others, of the firm of C. H. Shipman & Sons, obtained a judgment in the Supreme Court of New York against the de- fendant for $194, which was afterwards assigned and transferred to the plainti?t. Defendant was at the time insolvent and paid his creditors two-thirds the amount due them. Thereupon, on the 2lat of December of the same year, he waa released under the statute from the obligation of the jadgment by Judge Barnard, of New York, at that_time the Re- corder. This case was adjourned till Monday next. COURT OF SESSIONS. Before Judge Troy. The following persons were arraigned yesterday morning and all pleaded not guilty:—Edward Stack- poo}, Mary Kennefick, John Hearn and Patrick Cur- rep, assauit and battery; John Flange and Fredk. Cox, selling gi | policies; Jonn |, keeping dis- orderly house: cis Mcliduf, misdemeunor; George W. Kidd, seduction; William McLoughiin, grand larceny, % Inatrections as to Bail. Before the adjournment of the court Jadge Troy instructed the District Attorney, in cases of felony, to take no bail under $2,500 and to increase the amount of the bail according to the crime charged. BROOKLYN INTELLIGENCE. INSTANTLY KILLED.—Joseph Dunn, aged fifteen years, was instantly killed yesterday afternoon by falling from the roof of a three story house in Stuy- vesant street, near Decatur. The deceased was em- plo ed in slating the roof at the time, but missed his footing, ‘and fell to the pavement. His body was ‘re- moved to the dead house. ASTONISHED BURGLARS.—Mr. Richard Marsh, re- siding at the corner of Greene and Patchen ave- nues, fred four shots at some burglars at haif- past two o'clock yesterday morning, but unfortu- nately he did not succeed in putting a ball in any of them. It appears that the thieves entered his house by way of one of the basement windows, but made 80 much noise that Mr. Marsh was awakened. Fara RESULT OF A CAR AccrDENT.—Patrick Giil died at the City Hospital yesterday from the result of injuries received about a week since by being run over by car No, 191 of the Greenwood line. It appears that the deceased was Lge oy to get or or on the front platform of the car, when he missed hs footing and the wheels passed over his ces, crushing them in a shocking manner. The body o} the deceased was removed to his residence, No. 1 Church strect, yeeterday afternooh, when Coroner Jones commenced the investigation. Tus Lats MURDEROUS ASSAULT IN WILLIAMS- nura.—John H. Fletcher, the negro boy who com- mitted the murderous assault on Mr. Daniel Foley, at the Masonic Temple, Williamsburg, on Thursday night, wes held to answer yesterday hy Justice Voorhtes. Mr. Foley’s injuries were more serious than reported in . Heratp, His nose ‘Was not only severed, but his Ips were slit and ho sustained & scalp wound six inches in length, penetrating the akull The clothes covering his abdomen were also cut to the length of six inches, ‘The instrament used by tho sangninary negro was a razor. Tue Lare Arremerep DIAMOND RosBEBY IN WILtramMspcro.—William Edwards, the desperate fellow who was arrested on Monday evening last by oMcer Holland, after a struggle, for attempting to rob tie Pag bias 4 store of Jacob Morch, 180 Grand street, B. D., had an examination before Justice Voornies yesterday afternoon. The witn behalf of the people, called by extn were officer Holland, Samue! T. Madox, Jr., and Jacob Morch. Their testimony against the prisoner was corroborative of the account given In the HERALD of Tuesday Jast, and the prisoner was fa'ly committed. On his voluntary examination Edwards said he was anative of Maryland,a shoemaker by Pag And had Rothing to say in relation to the Bow Hromway Ropeery.—As Mr. James Gleason was prddeediag {rough Hamilton avenue on his “er > mace)’ t.7 way to the fert¥ at a late hdur oi Thursday night he ‘was seized two men, one of » dong Vip hin upon the sidewalk, Ww her attempted to rine his pockets incer Keabtos BP ine Korey-tnird recinee who had been watching the parties, Rie the proceeding and hastened to the agsiat ce of the victim. One of the ruMana observed the oflcer before he reached them and consequently succeeded in making his escape; but the other, who gave his name ag §itiam Dunn, was arrested and locked ap in the Butter strect station house. Yesterday he was arraigned before Justice Delmar and wes committed tojalt to await examination, which was set down for Tuesday next. The police are in quest of the other raman, who is said to be weil Known to thom. A New Democratic GenenaL CoMMITTER.—The projectors of the new Democratic Committee held a meeting on Thursday evening aud adopted a consti. g thus completing the organiza- Hun of that body” The material beueats clattued for the future of this committee are the regeneration of the present corrupt system in vogue by the old fac- tion, the furtherance € by yet soca Apa office, opposition to the & the exclusion of the interests By and more wholesome odor county generally The got he, movement urpose tp tte late- Now, with the new year they hope to exercise an irene upon the political con! of the future. Among the more ent citizens interested in thie faction are Mayor Kalbfleisch, ex-Com) ler Thomas Faron, Assemblyman O'Keette ead SM Ostrander. A RIOT IN BROOKLYN. Serious Melee Bezween Whites and Blacke— Probable Less ef Life=§100,000 Werth of Property Destreyed. affray occurred between some whites and in the vicinity of Park avenve and Canton an blacks trees about eleven o'clock yesterday morning, and gave seriously than jf did. As it is, one man will, in all probability, pay the penalty of his partici- pation in the affray by the loss of his life, while a number of others received cuts aiid egars which they ‘will bear for life, In the locality of thé airay, or at least riot, the residents are rather et some of the houses being occupied by colored people, while of * are by whites, thes are Pre eight yy 4 other and fights are of frequent occurrence, yet they Beno hs a cent te See not wafrequentl up police of the Forty-fourth dod oontioted for Banting. Yesterday, however, the affray assumed a mord threatening aspect, for trom three or four partici. pants it increased to a hundred or more before the police were scarcely aware of the fact. ‘The riot commenced in the following manner :— ‘Two colored bricklayers named William H. Edwards and Samuel Halsey, while standing upon the curd in Canton street, near Park avenue, waiting, it is said, for their employer, they were set upon by a white man named Bernard Gan, LOT Bt) ward: iinet ce oe Alois Paya latter soon recovered himself and with his friend i fied through Canton street in the avection ot ye ley a Aree being jones man named John Hopkins. Whether tele des. was to, kil thee cotored en or only give them a bad is but them through ner the naturally caused Jae: deal of ex- citement, and those who joined with them no doubt sup} that they had been d something terri. baw ought to be dealt with sum * crowd were joined by a number of women, and aa they ran along the streets they hurled stones, sticks and other missiles at the unfortunate men, fetlas fonda same time, “Kill the ” Some- e y a a) ct from the loss of blood. When Pad a reached men and feae in Ly nei ree e When po a eee ¥ iyrtie av atreet oe ORES ee tae. Fort Hearth precinct, came upon the scene and arréstad Ganley; but his friends ovel the officer, and was soon libe- ral Cid oar raha Dg gy iy this time rioters had increased in number to between one two hundred, and one cot do very little in checking them. The nee a = me and sought refuge Bock: 5 store of Thomas Dawson. Mrs, ‘bs ‘son, who happened to be tn the store at the time, told the unfortunate men to hide behind the counter. They had scarcely time to secrete themeelves in the place Indicated when she infuriated leaders of the rabbie entered the store and poe an assault upon the darkies, striking them with the crockery ware which they took from the shelves, and y “Kill the Up’ of $100 worth of the wares were lished in this manner, and the position of the “hunted down” was apparently hopeless, when officers Boone and Smith succeeded in mak! their way through the mob and ley and rescued Edwards. The latter had been badly beaten the abont head and li — aclub, pee Smith, taking Edwards under his protection (who 1s supposed the knife), and his brother officer, with Sante lex. arrest, then started for the pation, house, End retaken by the pattee, swhlen laker body had wy the whic! Bech Aagmentéd Ti Franclete ifimbers to keep the mob at bay. Hopkins was removed to the City Hos- Het where he in a@ very precarious condition. fe wasfound ‘to have been stabbed in the left shoulder and breast, the knife having penetrated the sane. Ganley and Edwards were locked up in the Forty-fourth precinct station house to await examt- nation. The former is said to be known to the police ag a turbulent character, having been previously arrested. Last éveén! wards was taken by de- tective Wonderly before the wounded man at the hospital, but the latter fated to identify him as the reon who stabbed him. The other prominent leader in the disturbance, Samuel Halsey, has not yet been arrested, PUBLIC EDUCATION, ” Distribution at Grammar School Ne. 34. Grammar Scbool No. 34, located on Broome street, near Willett, is attended by some 1,590 children, and @ more dark, damp, dingy, cramped and altogether miserable establishment for such a number to be crowded into could scarcely be found. The Thir- teenth ward, it is well known, is very much crowded, and the population of that portion of the city generally is of the middie and poorer classes. The Siitarens, therefore, can not be permitted to re- matin at school as long as those sent aaien of the city. The number of pupils oad ne Seeing, for admission became se that the ing was actually overflowing. In thi building the of the rooms are dark and filly: ventilated, and the playground is reached from the stories by means of dark, narrow and preci, stairways, on which already several acciden occurred. owner of the adjoining erecting a standing on the preml- ses they placed a number of the pupils a |, until both that butlding and the school- house proper are filled to jetion. Yesterday the semi-annual distribution of certif- cates took Vp redieny the Lemeyon | rooms were crowded with citizens of the ward friends of the pupils, among whom the opinion seemed to prevail thst there should be, by all means, a new, more’ suitable and more substantial building provided for the large number of children who are obiiged to at- tend there. principal portion of the exercises were those je department, under the direction of ie. ‘The performances were chiefly musical, as it was Not intended to be a formal exhibition, and it is safe to say that the exquisite and really artistic finish evinced by some of the young ladies was worthy of those of more pretentions, or even of professionals, Miss Johnson—a very young ralee—sang 8.24 ling solo, “The Brook,” the. plaintive ay of “f{iitle Barefoot’ and several other selections, in a clear, strong, finely modulated soprano voice, and elicited the plaudits of the audience. Misses Marshall, Butt, <= Tee also contributed to the astylé which demonstrated clearly that their train- ing had been highly eMctent. Mias Jessie Edwards— Q pretty little cherab—delivered an address to the school officers in a most pleasing manner. The ad- dress was composed by Butt, one of the puplis, See plea in behalf of a new uilding. . The certificates of merit to the Bexile of the dif ferent departments were distributed by Dr. J. H. Irwin, of the local board, who presided on the occa- sion. Short and appropriate addresses were made % Se ae p and ex-ofiicers Elitott and ‘coker. DISTINGUISHED RAILROAD GUESTS IN LOUISVILLE, KY. The Erie Railway Managers on the Tramp. Pits) the Lonisyliic Coarier-Journal, Jan. 24,) iy invitation of H. 1 weomb, President of the Loutaville and Nashvill firoad, the managers of the Erie Raliway, who have been making an excur- sion through tho West, arrived in this city on Sun- @ay morning. The following named gentiemen con- stitute the pariy:— Jay Gould, President Erie Railroad. B, W. Biauchard, General Freight Agent. R. Barr, General Ticket Agent. S. Spencer, Genera! Agent at Chicago. ha M. Osborn, General Agent at Prbana, Oia. A. J. Day, General Passenger Agent at Chicago, ay oo Shattuc, Southwestern Ticket Agent at Cm- cinnatt, George Pendleton, General Manager at Cinciunati. W. D. Griswold, President Ohio and Missiseippa Raiiroad. Tho supposition, which we find to be general, that these partios extended their visit to Louisville for the purpose of negotiating for certain railroad Me ja this State, ts ara Thelr object fi or 0) ir th; tO Aecept ihe bal OPP NE ABE a td Boothe Pal iy }s well known that the Erie is the most powerful gud wealthy railroad Pipsulzany on the Continent. ‘Thé parent and ninéctions represent tho enormous capital of one hgndred niillions. Certainiy they are able to buy any dr all galable roads dow this way; but there ia no such desire. Already the Erie consolidation embraces all the important lines beyond the Ohio. The route thus established and gave under one management will soon afford irect unbrokea communication from the falia of the Ohio to the northern sea- boad. But @ single link—the branch from North Vernon, Indiana, to the ratiroad ‘at this point—remains to be attached. This will done in the cour of bert waminer, oi Me New then @ continuons line from Low , TI TO trans; change o: . It is eminently wise and proper, apart from the civility of the thing, that the representatives of suclt o gigantic enter, as the Erie Railway should be ¢ Presiient of the Loutsville and way. There is an “eternal ilt- ness” in it. In their way these two roads are masters of the Continent. ‘Theit, powers are about equally balanced. One 00 a tent, dependent upon the other. The Erle and'N, of the Northeast, the L. and N. ts the Erie @ tie the guests of Nashville Rail: i the Southwest. One reguiates the trafic north of the river, while the other is ia su commend south of the river. The laws of merce have made the two great roads identical in interest and essential to the demands of the travel- ling jaeoted Their dividing line ts On ita two banks the Erie and the L. and N. may each say unto the other:—"Thus andno farther,” And it will that a mutuality of interest