The New York Herald Newspaper, February 3, 1869, Page 5

NEW YORK HERALD, WEDNESDAY, FEBRUARY 3, 1869.—TRIPLE SHEET. ‘NEW YORK CITY. TRE covets. UNITED STATES CIRCUIT COURT. The Calendar of Cases—Equity. Before Judge Blatchford, ‘The Court opened at eleven o’clock yesterday, when a very large attendance of the bar was present. The calendar was cailed over and cases in several Anstauces set down for trial. ‘Tho Alleged Tribune Association Libel. Cooke vs, The Tribune Association.—This case being cal'ed in its order on the calendar, Mr. E. R. Meade, counsel for the plainti#, announced vo the Court thas the pings, Was ready and anxious that the case should be set down for crial at an early day. ‘Phe Court tixed Thursday next for the trial of the ‘The Alleged McHenry Perjury Case—Motion for Postponement Granted. Before Judge Benedict. The United vs. John D, Mciicnry.—This case Was the firstin order on the calendar for the day, and was called up by the Court. United States District Attor- ney Courtney announced that the government was Teady to proceed. (he defendaat, through his counsel, Mr. &. D. McCarwhy, then moved to postpone the trial on account of the absence of an important wit- ness, one (i, H, Moore, at Newbern, N. C. Mr, Courtney opposed the motion, stating that the amidavit pe in by defendant showed no proper grounds for postponement; that he (Mr. Courtney) Would put in @ counter-aidavit in afew minutes showing that Moore knew nothing whatever of the Case, and that the motion for postponement was a Mere subterfuge for delay. ‘The motion was subse- Webily granted, and whe trial of the case Oxed for Lt slant peremptorily, The Lejpsiugcr and Bininger Whiskey Case . Motiow for Postpouement—Another Sick Wiiskey Man. The United Slates vs, Letpsinger and Bininger.— The names of these defendants, it will be remem- bered, figured pretty conspicuousiy on the trial of Biaisde!! and ovhers. ‘They are indicted for stealing Whiskey from the distivery in Forty-fifth street and conspiring Wo defraud the government, Counsel for the defendants, on an application to postpone the case, stated that the defendant, Bininger, Was sick, and he desired @ postponement to such ume as he should be so far recovered as to be able to come into cou v ct Aitorney Courtney prayed the Court to direct that the statement of counsel as to the sick- ness of the defendant be presented in the shape of an atidavit, so as io might be clearly understood what tue uature and extent of this atieged sickness Was, and the ground of the application. The Court, agreemg with the District Attorney, directed counsel to pul his application in the shape Of an amdavit. ‘The Watson & Crary Case. The United States va, Watson & Crary.—This case s again called on this morning, aud the District moved that it be proceeded with. ‘The de- vio ranked among the most extensive ‘ers vt the city, are indicted for removing nuties of spirits from @ distillery to a place ethan @ boo led warehouse and for conspiring interpose special pleas, which reat length before the court and a oughton and Clinton on the part r aud on the part of the govern- ssrs. B. K. Phelps and F. Simons, As- st Attorney. The Court overruled the and directed the jury to find for the Verdict accordingly. Actiou of the Grand Jury. It is romored aroand the courts and ofices, in halls and on stairways, in small knots and in large knots of the species that most do congregate iu and around the court buildings m Chambers siveei, On the trial of cases from the criminal caien- dar, (iat the Graud Jury are making a thorough invesi.gation into the whole system of frauds against the government that have so long existed among the Whiskey ring, (ueir advisers and abettora, legal and otiers, There is evidentiy fresh cause of disquietude in these rumors, anent the action of the Grand Jury, to the aii these partics, as it is feared that between t ‘and Jury and District Attorney Court- ney—ihe upper and nether milistone—they Will all Cee to fresh and immediate grief. of the SUPREME COURT—GENERAL TERM. The Jurisdiction ef the House of Refuge. Before Judges Clerke, Sutherland and Barnard. The People, ex rel. The Society for the Reformation of Juvenile Delinquents, vs. Francis Degnen.—The Tespondent, a boy of about sixteen years of age, was conimitted to the care and custody of the relators, be naving been charged with the crime of petty lar- ceny. Judge Barbour, of the Superior Court, dis charged the boy upon habeas corpus, on the ground Mainly that under the statute no imprisonment for a longer period than one year could be imposed for petty larceny, wiilethe term of this sentence was tdetinite. The relators brought the case before this court on certiorari to review the pi ings before Judge Barbour, and a decision was gyesterday re! dered reversing the proceedings below and reman ing the petitioner, Degnen, to the custody of the in- stitution. Justice Rarnard, in his opinion, says that the act creating the society gave its managers power to receive into the House of Refuge ‘certain classes of deiingquent children,” and to place them during their minority at such aseful employment and instruct them tn such useful knowledge as should be suitable to their years aud capacity. A report was to be made annoaily to tue Legislature and to the corporation of tue city of New York of ali facts and particulars which tended to show ay? whether eae tageous or otherwise, 01 as ation; and the Legisiature also directed that ene eet ehonia be con- strued by the courts benencially and favorably for every humane and iaudable pu therein con- tained, The lastitution was created for purposes of reformation, and not of punishment. In furtherance also of this charitable design of reformation, courts by which juvenile offeaders were convicted of crimes were empowered, instead of sentencing them to a State prison or county jail, toorder their removal to aud confinement in tis institution. No sentence is imposed, but instead thereot the delinquent is com- mitted to the care and custody of this establishment, and the leraned Judge fell into error ta coustruing It otherwise. In ls opinion Judge Clerke also holds that it is a misiake to say that te term indicated in the con- Victioa is indefinite, 80 far as it gives the House of Refuge authority to confine a person for an unascer- tainabie period. The words of the conviction itselt do not specify any precise period, but it refers with Butticient certaiaty to the authority given by jaw to Wis instituuou, and is in express verms w “retain in Ms custody maie persons antil their ma- jority ana female persons until the age of eighteen years.’ Even tf there was any ambiguity in the lan- age ft should be construed literally; for the au- or'ly given to this institauon is beneficent in its etiect on the Individual person and on society, and in relation to the former the exercise of the au- thor noants to @ commutation of the ordinary punishinent, Strictiy speaking, the confinement of the ‘louse of Kefuge does not partake of the degra- dation or physica suifering to which persons are subject usually in prisons, (8 discipline is reforma- tory, with the view of tetas | persons auriog the sus- cepubility of tender years from total profiigacy and restoriug them to society in a condition vo longer dangerous to it, Antores' Question of Liability for Personal Injuries. Osborne, Appellant, vs. The Union Ferry Company, Responcdent.—This case was argued on appeal from & judgment against the plaintiff? apon a nonsult, The action was brought to recover damages for an injury sustained by plaintiff in consequence of the alleged misconduct of defendants. The plaintif, together with his wife and other members of his family, on the 18th of February, 1863, about seven o'clock in the evening, crossed from Brooklyn in one of the defendants’ ferryboats, and after crossing passed out of the ferry house the regular way for passengers to get to an Omnibus at the foot of Ful- ton street, New York. The might being dark, and no being in the street or on the premises of the danuts to adord heht to ferry or other passen- n that part of the street, the plaintut stumbled over a pices of timber used (0 support @ prop that apicld a cornice of the new ferry house which was then bel built for defendants, The exact Place of tue accident and of the piece of umber over Which hé feli wus outside of the ferry gate and pre- Pp mises and on the pudiic highway or street, but still aimost adjoining the gate, The ferry house was Deing erected by the Architectural Iron Works Com- pauy, wader a contract with the defendant, C4 whioh tne company ‘waa to put up the work accord- ing to specication, in such manner as not to inter- fere with the operation of the ferry, and war to put ap all necessary guards and to periorm all other due aad proper acts and things for the safe protection of fret aud ag oo A ’ ¢ Clerke delivered the jecision of the court in au extended opinion, in which he hoids that unless relieved by the con- tract the ferry company was guilty of negiizence in not having hghts. The sum of all recent decisions was that where contractor had stinuiated to use the necessary precautionary gucasgres to protect the pubitc againat accidents the owner or hey hy, oA Telleved (rem ee. #, does not The eee Pa the nae hol = vile for apy ya recautionary Mreamures, The Judge m Cdncinsica says:—The nescion Involved in this case is something more than aquestion of negligence, The piece of timber over whic the plainjit fell was placed and con- Unaed tn the public t at the procurement and with the conourrence of the defendant, ape and Keeping of it there were the commission continuance of a nuisance, 1) was an obstruction of the fuil and free evjoyment of the easement, the pub- he being entitled to the use of the street and high. way. hoever withoat special authority obstructs or renders lis use hazardous by dolog ane on, above or below the surface is guilty ® ‘nutsance, and anyone sustaining «pecial damage from it without pny saat ot due care to avoid injury has a —_ the person con- tinuing that nuisat act is wrongful and doesnot involve tie question of mere negligence, ‘and consequcntly in the case before us, even if the eontract betwees the defendant sed Architectural for i sustained the plaintit, The Jdgment shod ve reversed and Pew trial or- |, costs to abide the event. J Satheriand, in concurring, says:—lt 18 the duty of defendant to furnish and Keep lights so that the engers go- ing to and from the boat might, with ordinary at- tention, have seen the stick of timber. that the Judgment should ve reversed, with coats. The Court rendered the following decisions yes- terday:— Drake vs. Goodridge—Clark vs, The Same.—Orders reversed with costs. Opinion by Clerke, P, J. Sutherland, J., dissenting. Clapin ef al, vs. Farmers and Citizens? Bank of Long Istand,—Order affirmed with costs. Opinion by Sutherland, J. fi Afiller et al. v8, Miller et al.—Order aftirmed with costs. Opinion by Barnard, 4. ling vs. Munn e al.—Decree of the Surrogate affirmed without costs, Opinion by Sutherland, J., Clerke, P, J., dissenting. ‘ ‘Stiner vs, Stiner (No, 1)—Stiner vs, Stiner (No. 2).— Orders in both cases reversed with costs. Opinion by Clerke, P. J. Fasnacht vs, Stehn.—Order and a ent reversed without costs. Opinion by Suthe! , Je in the Matler af the Petition af Tappsan to Set Aside an Assessment.—Order affirmed with costa. Opinion by Barnard, J, The People, ce., vs. Degnen.—Proceedings below reversed and prisoner remanded. Opinions by Cierke, P. J., and Barnard, J. Leveit vs, Barton,—Judgment affirmed with costs, Opinion by Barnard, J. Osborn vs. The Union Ferry Company of Brook- lyn.—Juddment reversed. New trial ordered. Costs to abide event. Opinion by Clerke, J. Billings vs, Meigs et al,—Judgment afiirmed with costs. Opinion by Clerke, P. ba Arctic Fire Insurance Company vs, Austin.—Indg- meds rmed with costs, Opinion by Suther- and, J. Frith et al. v8. Campdell et al.—Order reversed, without costs, Opinion by Barnard, J. Hatch vs. Brewsier,—Judgment reversed. New trial ordered. Costs to abide event. Opinion by Cle rke, P. J. Before Judges Barnard, Ingraham and Cardozo. November Term, 1863. William B, Astor et a. vs, The Mayor, &c.—Or- der appealed from affirmed with costs. Dolan vs. The Mayor, &c.—Order reversed and in- junction dissolved, with ten dollars costs, Opinion in both cases by Ingraham, J. Young, Administrator, vs, Brush et al.—Judg- ment as stated in opinion of P. J. Opinion by Bar- nard, P. J., Ingraham, J., dissenting. By Judge Cardozo. Hasler et al. vs. Hasler et al.—Motion granted. Beanush, Recsiver, vs. Britton et al.—Motion granted and reference ordered. Havemeyer et al, vs, Hamann.—Motion denied, with seven dollars costs, with leave to renew on pay- ment of costs. Walsh et al, vs. Atlantic Mail Steamship Com- pany.—Motion granted and reference ordered. Beamish, Receiver, &ec., vs. Belcher, &c.—Motion granted and reference ordered to hear, &c. Sowza vs, Keene,—Motion denied, Downer vs, Hook et al.—Judgment granted, Fasch et al. vs. Raskopf.—Motion granted by de- ult, National Citizens’ Bank vs. McBain et al.—Granted by default, Roach et al. vs. Wright, éc.—Motion granted. Robinson vs, Reddington.—Mouon granted, Na‘ional Citizens’ Bank vs. Griswold.—Motion granted by default, Ludlow vs. Dole—Motion granted. Worthington et al. vs. Johnson.—Motion granted. Slevens vs, Clark.—Allowance of five per cent, McCord vs, Hex ‘Motion granted. Brown vs. Dorsch et al.—Motion granted. Price vs, Price.—Motion granted. : » 8, Dunn et al.—Reference or- tvs, Norvell.—Reterence ordered. Jaffray et ai, vs. Clark et ai.—Motion denied, Heyman et al, vs. Curry.—Motion granted, Dry Dock, Fast y and Battery Ratlroad Company vs. New York and Harlem Railvoad Company.—Motion denied. No costs. Lecompte et al, vs, Atwater.—Motion granted, Maitby etal. va. Petrut,—Motion granied. Lilly vs. Lewis.—Motion denied. Loewenstein vs. Bloomingdaie.—Motion denied. Weiss vs, Leckendorg.—Motion granted. Birkenhauer vs, Reihl.—Motion granted. Kelly et al, vs, Meyey.—Motion granted. Wilcor vs, Stockton et al.—Motion granted by de- fault. By Judge Ingraham. guar vs. Browning et al.—Referred back to re- » Ce Brown vs. Dalton,—Motion granted and case re- ferred back to referee. Hale vs, Lyon et al.—Motion denied, with leave to renew on the usual terms, Inre, the Petition of Mary Flynn.—Bond is not ac- wie et + then adjourned until February 16 at ie cour! in unt al half-past ten o’ciock A. M. SUPERIOR COURT—TRIAL TERM—PART I. Alleged Negligence. Before Judge Monell. James W. Stead vs. Eliza Fuller and Phebe Mo- netia.—This was an action brought to recover $6,000 damages for injuries sustained by plaintiff through the alleged negligence of the defendants, It appeared that on the 11th of February, 1867, plain- tif’ Was passing ‘by defendants’ house in Eighteenth street, when he fell through a hole leading jo the cellar, in consequence of which he became indis- gene and complained that the accident occurred reason of defendants’ carelessness in not having the hole properly covered. The defence waa a gene- ral denial. The case has not been concluded. SUPERIOR COURT—PART Il. Brokers at Loggerheads. Before Judge Friedman. C. HI. Swords et al, v8, A. J. Oheim.—The plaintifts in this case are stock brokers, doing bustness under the name of Swords, Betty & Co., and bring this action to recover asum of money which they allege they paid out on the purchase and sale of stocks for the defendant as his brokers. The complaint con- tained the usual averments of the contract to pur- chase; that purchases were made, agreement for margin, that none was put up, and sale upon notice, sufficient to state a cause of action; in addition to which the complaint contained aver- ments of fraud, which the plaintiffs averred were inducements to open the account; and the defendant through his counsel made @ motion to strike out ali allegations of fraud as irrelevant. The motion was argued by D, M. Porter, of counsel for the defendant, for the motion, and William Wirt Hewitt opposed. ‘Thereupon the Court ordered ali allegations of fraud to be struck out as irrelevant, with ten doilurs costs of motion to defendant, Bustuess of the Court for Taesday Next. The following cases only will be called Friday next in the Superior Court, Part 2, before Judge 0, S70, 40, 448, 554, 126, 520, 540, 552, Pag 316, 452, 576, 592, 166, 26, 512, 252, ‘The above are canses which have heretofore been calied and marked ‘*Oi for term,"? On Friday they will be called for the og aod of one which of them will be ready for trial this term. All motions to put them off the term must be made on Friday. No motion to postpone them wiil be heard when the causes are cailed for trial, except for legal excuse woe bsequent to Friday. On or before Friday any of the above causes may be marked of by dling a written consent with the clerk or by oral consent in open court. None bat ot ge will be allowed to represent causes ou riday. COMMON PLEAS—SPECIAL TERM. The Stuyvesant Divorce=Report of Referve Confirmed. Before Judge Barrett. Theodore Stuyvesant vs, Catharine L, Stuyvesant,— Judge Barrett, in the following opinion, has con- firmed the judgment of the referee in favor of the defendant of this much litigated sult:—The evidence has been attentively considered, and, while the con- duct of the defendant is by no means free from sus- picion, and is certainly in many respects reprehen- sible, there t# not sufficiently credible and conclu. sive testimony to satisfy the judicial mind of her guilt. The referee's conclusion that the charges are hot proven therefore meets my approval, and the complaint must be dismissed and with costs, Ed- win James and George Shea for the defendant; Messrs. Tomlingon and Phillips for the plainciit. COURT OF GENERAL SESSIONS. Empanetling the Grand Juary—Important Charge of the Recorder upon the Increase of Crime=Valnable Suggestions as to the laeficiency of the Police System and to the Non-Performance of Jury Duty. Before Recorder Hackett. At the opening of the gourt yesterday morning the Grand Jury were sworn in for the term. Mr. William Whitright was selected to act as foreman. His Honor Recorder Hackett then delivered the following important charge:— GENTLEMEN OF THR GRAND JURY—Each of you has Pay served upon the Grand Jury, and there- fore it is superfinous to claborase upon your duties and powers; besides, the usual Grand Jury brief will refresh your recollections. The calendar for the month ts heavy. It suows crimes of ing bold- ‘This 18 @ great charac! of recent crime. itean only be met by decision and our part. My colleague and myselt nave an old standing rule of the court which ts ment of prisoners. Pen “inrsoal io pantie safety. Thwarale has ey and wearied wi fettered the District At Ita repeal works no practical barm to the (aes 0 mitted, and he is iy Ve ready BS 1 do not believe the District ttorney would unduly press a trial. When he presses there is good 1 wut as in other cities, to work up evi- dence. Our police and leave ‘it to magistrates and ¢! and Grand Jury to make up the evidence. ig ybe true reason why there 1s 60 much discre| between the num- ber of arrests and convictions. It is easy to arrest, but it 18 dificult to convict without the arrest 18 followed up by the procurement of evidence, The police in my expe ferreting ont the necessary pens here that there are acquittals for want of police be preg al want < -_ en ot ane : young vigorous, cool and diplomatic counsel, ‘and @ readiness to accept of aid and co-operation which is not obscured by personal vanity and dogged devotion to old formulas and worn out iiions, Tam ed at every term to witness the gross inattention which citizens of wealth and influence pay to jury duty. Ican excuse, or tn part extenuate, their unwillingness to sit upon civil juries; but not upon those of this court or the Court of Oyer and ‘Termincr. Jam sometimes ashamed of the shifts to which men of character, influence and means resort for the purpose of escaping jury duty here. And yet. these are the men who at clubs, on ‘Change, and often m newspapers in com- munications of a growling character, signed “Qld Citizen,” &¢., denouuce the mefiicieacy of criminal eourts, At this term of the court, indeed, one hundred and fifty citizens, liable to do jury duty, or upon the petit jury iat, have been legally summoned, and out of that large nuu(ber but twenty-three nave presented themselves, and the major portion of those have ofered such ex- cuses under oata ag justly have entitled tiem to ex- ¢mption. An additional panel has been ordered for to-morrow of a further 160 jurors, causing extraor- dinary expense and delay in the prosecution of the business of tie court, and out of those to be sum- moned I venture tie prediction that only about thirty will attend. A duty so sacred, of paramount ma- portance to the best interests of the community, seems to be practica ly ignored by those whose chief incerest as citizens and taxpayers should lead them earnestly and willingly to the devotion of a small portion of the year to the performance of a highly honorable and most important duty, tending direct- ly not only to their own security of life, mb and property, but also to that of the community at large. in this connection, gentiemen, 1 may be pecmitied to state that my proiessional fortunes were onve cast in California, and in the eight years of residence therein 4 was Cwice an observer of a popular msing culminating in an organizauon styled a “vigilance comuittee.” The acts and doings of that body have become historical and need but to be referred to by me. Its origin is directly traceabie to the fact that the then residents of San Francisco, those of intelligeuce, wealth, merchants and others, were so intent in the pursuit of wealth and realizing so largely that they begrudged and would not give the ematiest portion of their time to the discharge of jury duty; and under the iaws of California, where tbe regular panel was exhausted, the Sherif was compelied to summon from the by- stauders talesmen to make up the necessary num- ber. Associates of the villains about to undergo trial were always at hand, wo under oath would assert their Competence as jurors, and the result of the would either be @ disagreement or an acquittal. Such a state of things constantly occur. ring, and loosing upon that community the vilest of all scoundrels, murderers and the like, had its an- fortunate and indeiexsible fruition in the formation of a “vigilance committee.” ce Occurs to me of @ then leading San Francisco merchant who Sat as @ juror upon the trial of Cora for the killing of the United States Marshal, Richardscn, and who was unable upon the evidence to pronounce the accused guilty. Immediately after the second Vigilance comulttee had its oun this merchant became @ member of the comuni who controlled its an that committee he voted Cora marder and agreed to the penalty. citizen, who on a@ legal jury disagreed and on an ilie- gal jury agreed, came to me buta few days there- alter to importune meto exercise my posed in- fuence with a judge to précure his exemption from jury duty, upon the und that by se! his pri- Vacs intstenta woula be prejudiced. Our community may apply the moral. trouble from the recent boldness in crime is that bur- glaries and theits are so easily invented to cover up defaications, breaches of or indelicate loss of property. I am iclined to believe that some of the recent slartling occurrences are of this character. 1 believe we have now a State Executive who, while he will be morally coi us in the exercise ot pa joning journment presented, through this Court, | to the ‘Legisiature a request that it would acd pistols to the list of weapons forbidden to be carried. Ido not concur with the recommendation. Indeed, I know that the able Senate commitiee which re- ported the Concealed Weapons bill expressly omitted pistols. The police and sheritis could carry them. ‘Tue dangerous classes would carry them in disregard of the law. Good citizens would obey the law aud be defenceless, Ruifans would take ad- vantage of this. But 1 think @ law raising a pre- sumption that whoever injured gnother by a pistol should have intended the injury in its worst sense, until the presumption was coiu! by circum- stances or justifying evidence, would be an excel- lent one. ‘The ratian would find the presumption of his carrying it impossible to combat, while cir- cumstances would protect the good citizen. COURT OF SPECIAL SESSIONS. Extraordinary Charity—Youthful Ignorance— A Curtous Case—Selling the PeopleA Clerical Mistake. Before Justices Dowling and Kelly. The calendar of casts in this court yesterday ran up to fifty-two, of which thirty-eight were of petit lar- ceny, eleven of assault and battery, two of embez- ziement and one of the possession of burglars’ tools with intent of burglariously using them. But few of the cases were of more gencral interest, and ahong these wasa case of EXTRAORDINARY AND UNPROFITABLE CHARITY. James Rogers was seem on Friday iast, at the early hour of ten minutes past six in the morning, on West street, near Rector, with five hams jn his possession. An officer “spotted” and followed him, and the said James not pemg anie to give a cleat account of how he came in possession of the hams, he was arrested, and with bim also another young man, named William Barley, who was loitering about in the neighbor- hood and appeared to be an accomplice. On the trial yesterday it appeared that Barley was a per- fect stranger to Rogers and only followed because the latter was being “spotted” by the officer, Hence William Rariey was lonoravly discharged, dames Rogers, the other accused party, pleaded guilty to the theft of the hi and explained it that he was a frequent visitor at the lodgings of a Mr. Fredericks, 180 Malberry street, who was bim- self paralyzed, his fatally poor, his children crying for bread, their rent unpaid, and that this sight had so worked upon his feeings that he took the hams in order to raise some money that he might relieve the sufferings of the Fredericks family. This plea did not have the desired effect, and “guilty” was the verdict and ‘three mouths in the Penitentiary” tie sentence, sae dealin fi eae “A CASR OF YOUTHFUL TONORANCE. Henry Baumann wascharged by William fl. Bax- ter with stealing from bim two daguerreotypes, with cases. The defendant, as he was called, appeared bathed in tears and hardly large enough to hoid om to the railings. His age was nine years, and the poor littie boy did hardiy know what was to be done with him. Toe boy admitted the somperasy. Weaae of the two cases with the daguerreotypes, but said that another boy, whom he named, had asked him to rub off the pictures, as by oringing piates to a otograph ofice they might get their own pictures im exchange. As the boy seemed to be Innocent of any evil intent the imprisonment since Sunday was conmdered by the Court a suficient puntsimeat, and, with a wholesome admonition, he was at first remanded till the adjournment of (he court and then discharged. A CURIOUS CASE. Charles H. Levy charged Edward Thieje with the larceny of twenty-four collars. The testimony elicited the facta that Thiele had been employed by Levy to procure advertisements; that he went to Mr. Frederick Greider, who had advertised, senting himself as a partner in the business, ob- tained an opera Val worth $16 60, and $7 60 in cash, Mr. Thiele claimed that the complainant was indebted to him in the sum of forty-two dollars, and he credited the amount received from Mr. Gretder on his claim. He received one month's Penitentiary, and 4s it Was subsequently mentioned to the Court that Mr. Charles H. pay. Might be the person who, in coropany with several others, Po nape last De- cember to start a paper for circulation at places of amnsement, the sentenced was reduced to one month’s City Prison, with a permission to farther in- quiry. SELLING THE PROPLE NOT ALLOWRD. Anne Riley had heretofore complained that Catha- rine Meira had committed a grievous assault and upon her. The case was tried and Catharine was jouud guilty, but sentenced suspended until yesterday, in the hope that the parti tf all inembers of a family, might make 1 for- Ee each other, When the case was called jay Aune, the complainant, briskly ste the witness stand and oo being asked judge Dow- Ning whether she would shake hands with Catharine, Anne, with @ very determined shake of the head, replied, “No, sir;” while Catharine, in answer to the seme question from the eats ade 7 Anne becaine an Conrt (hat she would “4nake frrenda’’ with Catharine and withdraw ail el if the latter would pay her fifty deiiars dat sudge Dowling—so you would sell the “people of the Btate of New ” for Mity dollars? The Court has heard No sae” is Ay gh pended le And Catharine went ati m smiles, while Anne tried to auoot arrows out of her dark eyes. A DRUNKEN MISTAKE, John Dillon came into Donelly’s liquor store with a friend or two aud had several drunks, aud had a waich, and when he was put out, for the reason that he was too tight to remain there, bis watch was —_ and he charged Frank Grote and Joseph Wel- jon, the barvenders at the store, with taking It, But ‘his charge Was not sustained and the were honorably acquitied. John Davis and John Ourroll were arraigned im ‘oll were upon the sharae of having in their possession “burgiarious tools.” On looking into the complaint, however, it ‘was ascertained that it charged them only with hav- ing “brass keys,” leaving out the word “skeleton” keys, “burg'arions instruments,” or keys used in housebreaking, and the possession of brass keys not being an offence the brace of de(endants were discharged, Aasistant District Attorney Blunt being in the court he directed the oficer to rearrest them at once and take them before a en- ig & new complaint, and the two young men— for young they were in ap) ince, though old they appe: in crime—looked quite chop! na when, os cane the court, they were aguin taken into accused COURT CALENDAR—THIS DAY, SUPREME CourT—CixcuiT.—Part 2—Nos. 1018, 1012, 1026, 422, 514, 912, 232, 524, 728, 872, 822, 740, 846, 848, 864, 864, 398, 742, 904, 908 Part 31022, 388, 1005, 1177, 721, 519, 160, 953, 245, 824, 655, 536, 657, 861, 1097, 1108, 1299, 947, 1084, 949. ComMoN PLEAS—TRIAL TERM.—Part 1—Nos, 917, ledge hop 456, 457, 458, 450, CourT OF GENERAL SESSIONS.—Before John K. Hackett, Recorder.—The People vs, Charles J. Mur- dock and Thomas Passore, burglary; The Same vs. Stephen Handsworth, larceny from person; The Same vs. John Leouard, rape; Lhe Same va. James Devine, James Edwards and Andrew Wheeler, burglary; The Same vs. Charles N. Moody, felonious assault and battery; The Same ve. Thomas McCormick, lar- ceny {rom person, CITY INTELLIGENCE. THe WEATHER YESTERDAY.—The following record will show the changes in the temperature for the past twenty-four hours, as indicated by the ther- mometer at Hudnut’s pharmacy, HeRxaLp Building, Pape ey, corner of ae street:— 3 Aver 5 Average temperature o1 Fine IN St. PatRick’s CATHEDRAL.—At half-past twelve yesterday a fire broke out in the room for storing coal and wood, situated under the southern stair of St. Patrick’s cathedral. The fire was put out by the aid of a few patis of water, Damage, twenty- five doliars. ‘The cause of the fre is unknown, A TrvckMaN KILLED.—Michael Holly, dwelling at No. 645 Washington street, was instantly killed on the corner of Broadway and Sixty-eighth street by @ truck, under which he had fallen, passing over his neck, The truck, of which deceased was the driver, belonged tu Benedict & Co., pet 41 North river, and was loaded with machinery for the Lyon brewery 1n Toth street. THe STREET CLEANING ComMission.—A meeting of the members of this Commission was held yes- terday afternoon in the Mayor’s office. A commu- nication was received from Mr, Lincoln stating that the condition ot the streets from the ist to the 15th of January was such that the contractor could not clean tlegn; and a resolution was adopted awarding him the tual payment tor that t!me, A resolution was then Leggs in favor of paying the bills of the Comptroller for the remainder of the month, Mayor Hail voting in the negative. Tae WARREN STREET FrRE.—The following are the losses in the fire at 85 Warren street on Monday night, estimated by officer Hawkey, of the Fire Marshal’s office, together with the insurance as far as could be ascertained this morning:—First floor, sf event oes coe, Th lace Soe th fi ; insured for ince of the floor 1B Miller & poten pero Roa he es Kone oti of . ond floor, occup! Moses, loss $1,800; insured for $4,600. Third, fourth and fifth floors, occupied by Ward Brothers & Co., loss ‘ies. The building, which was damaged about eon owned by Harvey Weed; imsured for SOCIETY OF PRACTICAL ENGINRERING.—A stated semi-monthly meeting of the Society of Practical Engineering was held last.evening at Cooper Insti- tute, the president, James A. Whitney, in the chair. About thirty persons were present, and the feature of the session was the reading of a paper on “Ex- plosive Materials, their Uses and Preparation.” The document was mainly # compilation of the discoveries of explosive and igneous compounds and the results of: experiments and practical applications of such materials, to- ther with the formula for their composition. jothing new of importance was adduced, and whai- ever of interest the might have possessed was neutralized by the very bad delivery of the reader, nearly one-half of his audience being busy “nap- Ping” instead of listening to the discourse, At the close of the reading Colonel Chester made a few re- marks on the subject of nitro-giycerine, relative to its manufacture and use. Tur Arrest or A Cart THtEFr.—The man Edward Francis, who was arrested on Monday night while attempting to escape from the police in a butcher cart, after four shots had been fired at officer Ma- loney, of the Fourteenth precinct, was yester- day eget = Mpg me by detective Bennett, of the Cen! ent, a§ @ notorious convict and murderer. His real name is Stephen Boyle, aud about five years ago he was sentenced to Sing Sing Prison for larceny, from which place he escaped and went to Michigan with another ruMan named Hagh Darah. At Kalamazoo they were detected in a robbery and Boyle shot the Sve iff when taken tnto custody. Both of the men escaped at the time, but Darah was semeequsehy er rested in this city by detective Elder and sent Ke to Michigan, where he is now in prison. Boyle will be returned to Sing Sing to serve out Ins unexpired term of sentence, afer which he will be sent to Michigan to answer the charge of murder. ATTEMPTED ASSASSINATIONS.—Mr. Stephen V. Albro, grocer, corner of Bowery and Bond street, and his clerks, are somewhat exercised over the mysterious proceedings of some person to them un- known. On Monday, about noon, a crash of glass was heard and an examination showed that a pistol ‘bullet had passed through the glass and dropped in- side the show window. No notice was taken of tt, the occupants supposing that the shot was acciden- tal. About two o'clock yesterday @ second bullet was fired through the other window, breaking the glass and lodging in the show window. No report of firoarms was heard and it is supposed that the fring was done with an air pistol, designedly, whether for the parpose of kiiling one of the employes or for maitcious mischief Temains a mystery. Sergeant Van Hozen reports that at about three o'clock yesterday afternoon a builet supposed to have been discharged from an air gun passed through the plate glass of Weichinann & Co., No. 310 Broadwi iG passing about eight fect into the store strack floor, No clue was obtained to jead f the detection of the miscreants who fired the bullets. POLICE INTELLIGENCE. EMBEZZLEMENT BY 4 BOOKKEEPER.—Mr. Thomas L, Jon member of the firm of Harris, Brother & Co,, at No. 49 John street, caused the arrest of their bookkeeper, Maurice Goodwin, on a charge of em- bezziement. It appears that on the 16th of January Charles H. Whedon, bookkeeper for Messrs. Wilkin- son Brothers & Co., at Nos. 44 and 44 Duane street, pa.d to Goodwin the sum of $56 90 for goods deliv- ered by one firm to the other, which money Goodwin fafied to accuunt for to his employers. When the prisoner was arraigned before Justice Dowling at the Tombs yesterday these facts were presented in the (orm of evidence, and the accused was remanded for examination at his own request, AuLecen HrauwaY Rossgry.—Jobn Kelly, aged nineteen, residing at 92 Catharine street, and a prin- ter by trade, was arraigned before Justice Dowling yesterday at the Tombs, together with Bernard Car- il, aged twenty, of 92 Catharine & book- Tigers to. answer a charge of having at. the hour o one o'clock yesterday m assaulted one John Barny, of 428 Water House of Detention, on the Catuarine streets, and robbing him of cents in small change, @ ten cent French piece and a ipe. As the evidence against the prisoners was of he most positive character they were fuliy commit- ted to answer the charge at the General Sessions, in default of batl. A DAYLIGHT BURGLARY.—Raymond Cabana was arraigned before Justice Dowling yesterday to answer a charge of having, on the 26th of January, forced open the door of the room occupied by Mary Kmma Smith, on the second floor of No, 25 East Houston street, by means of @ jimmy, and stealing therefrom ® shawl and forty worth 1, the of the occupant. Cabana ois tect irouee on the day of \ pos. session of the entire thi and weasion jek trouble. found the ‘owner thereat” The magistrate held the ALLRGaD FELONIOUS AsSAULT.—John Bickensters, of No, 438 Ninth avenue, preferred a complaint of Bamed John Neville, residing in Washington street. ‘The complainant alleges the prisoner came into his saloon at the above number yesterday afternoon under the influence of liquor and catied fa 9 sie of lager beer, which was given hint, for which he and was in tue act of leaving the Diace when Hiskens ters endeavored to detain hun, at which he wok am! and drew @ revolver from his et and pointed it at him, threatening to shoot if he was not allowed to leave tae place. He was bald to bailin tae sum of $500 to answer the ALLEGED Hons Tuter,—Edward Knowland, & servant residing in Thirty-eighth street, was arrested by ofticer Dwyer, of the Twenticth precinct, and ar- vaigned before Justice Dodge at Jeiferson Market yesterday upon complaint of ahackman named John Goodman, residing at No, 234 West Thirty-first street, charged with the larceny of a hack and two horses, Valued at $500, Goodman that on Monday night he left the preness standing in front of the Putnam County Hoase, for tue purpose of eating his supper; that upon leaving the restaurant he dis- covered tie loss of his property and at once reported the fact to Captain Hedden. About one o'clock yesterday morning oiicer Dwyer discovered the risoner at the corner of ‘Twenty-eighth strect and dighth avenue, partially intoxicated, with tne popes in his possession, and caused his arrest. ie pleaded nak guliey to the charge and alleged he found the horses going along the street aud took them up. He was, however, comnitted im défauit no batl to answer at the court of General se3- ALLEGED ForaED Crece.—James R. Lee was ar- rested by detectives McCarty and McGown and arraigned before Justice Dodge at Jefferson Market Court yesterday upon two separate complatuis of passing worthiess checks. The first complatut was preferred by Joseph N. Galway, of the firm of Camp- bell & Galway, of No. 404 Fourth avenue, who alleges the prisoner, on the 20th of January, pur- chased a quantity of cigars and liquor trom him amounting to twenty-one dotlars, and offered in payment a check for $100 drawa on the Bauk of New York payable to bearer and signed samuel b. Lawrence, Jr., representing his name was Lawrence and the check as good and genuine, and would be paid upon presentation at the bank, Mr. Gal- way, believing his statements to be true, took the check, paying Lee the balance, Reventy-nine dol- lara in money. Upon presentation at the baak the check was declared to be wortiless, a3 no such per- son bad any account there. Josepa F. Ernst, a clerk in the employ of W. H. Ward, No. 862 Broad- way, also charges on the 26th of January lie preseuted a similar check for fifty dollars im pay- ment of a bill amounting to $20 25, receiving 329 15 m change, making the same representation asin the above case, and the check upon presentation at the bank was aiso declared worthicss and Law- rence & myth. Lee pleaded not guilty to the charges, bat was committed in default of $500 bail in cach case for examination. A Senvant Gist Carrunes a BunrGLar.—About (ten o'clock on Monday night Mary Cumiskey, a ser- vant in the employ of Mrs, Sarah Raymond, of No. 18 East Thirty-second street, discovered two persons on the stairway of the house leading to the second story and asked them what they wanted, when one of them replied he was in search of a man namgd Epstine, who resided on the second floor. Informing them there was no such person residing in the house she interrogated them as to how they obtained an eutrance to the house, when they informed her they found the front door open and walked in. Mary not liking the personal appearance of the men and sur- muising they were there for no good seized hold of the one standing nearest her, at the same time call- ing on Mrs. Raymond, who was In anotier part of the house, for assistance, the accomplice in the meantime succeeding in making good his escape through the front door. Upon the arrival of Mra. Raymond she advised Mary to release the man, fear- ing he would harm them, as they were alone, with no male persons in the house. Upon being released the would-be burglar quietly walked out of tue house, Mrs, Raymond despatching another servant lor au officer and instructing Mary to follow the man, which she did as far as Thirty-fourth street aud Fifth avenue, when she overtook him and informed him her mistress Was destrous of sceing him at the house, and in case he refused to accompany her she would call an officer and have him arrested then and there. The prisoner, who is a large, robust man. quietly submitted to be led back to the house by the fe ul servant, where she detained him until the arrival of officer nena of the Twenty- ninth precinct, who conveyed him to the station house, where he gave his name as Peter Dowl. Upon being arraigned before Justice Dodge, at Jefferson Market, yesterday, a complaint of attempted bur- glary was preferred against uim by Mrs. Kaymond, charging him, in company with an accomplice, with burgiariously entering the front door and attem; to steal two gold watches and diamonds valued $500, Upon his informal examination Dow! stated he was twenty years of age, a native of this city, re- siding um Second street, by occupation a cigar maker and not guilty of the charge. He was com- mitted without bail to answer at the Generai Ses- sions. On the person of the prisoner was found a card, on the back of which was drawn a safe with instructions writtea im pencil marks how to biow it up. INTERNAL REVENUE. Fourth District. The Fourth Internal Revenue district of tne city of New York, embracing the Third, Fifth, Sixth and Eighth wards, is perhaps the second 19 importance to the Thirty-second district, which has received the large amount of $4,000,000 and upwards during tne last six months, Mr, J. F. Batley is Collector and Mr. P. C. Van Wyck Assessor of the Fourth, and by the subjoined figures it will be seen that from July to the sist of December, 1868, the handsome sum of over a millon aud a half of dojlars has been paid into the office at 61 Chambers street:— COLLECTIONS IN FOURTH DISTRICT, NEW YORK, FROM JULY 1, 1868, TO JANUARY 1, 1869, July. August, Sept. oi $7,233 $5,008 $94,098 74.563 v4 6592 5,319 6,212 1 1,092 4,003 7,000 13,602, 46,821 82,262 4 Unprovided articles., 942 Penalties. . wees 5,650 TOtAl.... 66.6000. BINT G27 Spirit Tobacco... Fermented lUquors = 198 ord 9 12 2,538 Penalties. 529 1,076 Total... su... .ese 8 $200,124 $277,413 RECAPITULATION. Joly... -- $047,527 October, + $229,987 Angast ‘ November 260,124 September... December. 277,413 Seizure of a Distillery. ‘The United States Marshai bas seized the large dis- tillery of A. B. Kaffers, in Thirty-seventh street, near Ninth avenue, for alleged frands on the in- ternal revenue. The distillery contains three stilis and a large quantity of whiskey. ‘The compaginding house of A. Freunlitch, withia a tew doors of the distillery, has also beea seized for complicity in the alleged frauds. ASSESSOR WEBSTER AND THE BROKERS, The Officinl Examiuntion Postponed=The Brokers Desire Secrecy~The Assessor Deter= mined to Go On. "The excitement cansed by the attempt of Assessor Webster to collect tax on the capital in active use by bankers and brokers continued to agitate Wall street yesterday. The brokers still seem of the opiion that Mr. Webster has no right to adopt the course which he ia pursuing, and many are of opinion tha: he will not press the matter, The assessor, however, ta quile satisfied that he is right and made op bis mind vo continue assessing capital wherever hecan find it in active operation. The brokers are anxious some case and make it a test Sano, but sire Weoster tates that he bas no other course to pursue than Spamenene Jel (hose AsseSseU they piease. ‘aveaverday. was the thay xed (or an omer) exami- nation of certain firms at the Thirty-second district office, in Cedar atreet. The members of the firms tn question were to havo ster in relation to all (he cay to their not being ready the investigation was journed for a 4 two. The reason given for ask- ing for ay ment is said to have been that the books were not in a perfect con«tit and as it was thought necessary that these should be ofticlaliy fod looked Mr. Webster assented to the delay. brokers are exceedingly anxious that any examina- tion which nay be made shall be @ strictly private one, neid with closed doors, They seem very much afraid that the Had should have an opportu. nity of knowing all the mysteries of their iwode of transact business, Mr. Webs that his ofice public one, and right to keep its doors closed, and has furtner noti- fied members of the press that they will ue allowed to be present ai the investitation. If millioas mment tax. itis hue fair that the people would the Jetterson Market Court, against an od man | Koow how it Ie done and by whov, ‘The examination into this case was commenced yesterday afteraoon before Justive Dowling. The prisoners—Wolt, Wilkinson, Goodai! and Lyon—were brought into court under the watchful care of Captain John Young and detective McDougall, all of them looking as unconcerned as though there never had beeu such a thing projected as the Union Pacifio Railroad. Wolf, who is alleged to have actea the part of the ‘retired merchant of large means” im the transaction, by which $120,000 bonds of the company were converted into cash, is a middle aged man of the Hebrew persuasion. Wilkinson is @ very tall fellow, Who dressesjuimséif elaborately, parts lis hair in the middle and wears side whiskers nd @ huge horror of a mastache, Lyon and Good- ali are very ordmary looking men, During the pro- ceedings, which were conducted for the prosecution by Assistant District Attorney Hutchings, there were present quite a number of Wall street men, who seemed to manifest a great deal of interest in the progress of the case, ‘TESTIMONY OF BENJAMIN 8. HAM. Benjamin S. Ham was the first witness called to the stand, On being sworn he teatified to the genu- ineness of the affidavit which has already been pub- lished, after which the counsel for Mr. Wolf cruss- exanuned Lim and he testified as follows:— I never saw’Mr. Woul; the agreement 1 made with as tint Mr. Woif was to iend the company $100,000 for $120,000 first mortgage bonds assecurity anc hoid them until the maturity of the note, and return the identical bonds to the company on the payment of the note; (his agreement wasin writing; it Was made by Mr. Woif, so [ do not know where it was wade; | Know it was made because ! have an oe ype purporting to have been signed by Mr. ‘olf (agreement produced): Inever saw Wolf write; ail the evidence of his writing | have is that paper; f do hot know his signature; i mever bad any transac- tious with Mr. Wolf; 1 was nob present when this paper was s.gned; Mr. Lyon represented himself as Line attoruey of Mr. Wolf; Lbave no otiuer paper in Which it is agreed that the bonds should be held and not disposed of, except the one you hold im your hand; the loan was tendered by the defendants and not sought for by the company; I made a verbal contract with Mr. - Lyon also tuat be should hold the bonds untik maturity, the bonds to be returned tu the company; Tnegotiated a loan upon the asreement made with Mr. Lyon; the cliaracter of tat loan was.thut money sbouid begadvanced to the Union Paciiic Railroad Company; tic sum was $100,000, less interest for four moutis and three days and a commission of. 22,000; 10 was advanced and exuctly in accordance with the agreement; a collateral was given for the repayment of the money at the expiration of the four months and three days; that note bas not matured; it matures four months from the 1oth day of December; i acted in We mutter in bebalf of the Pacific Railroad Company; I bad no personal inter- eatin the case; lknew hothing personally of the divisions of tue commissions except that Mr, Goodall 1 paid this $500; @ messenger went to rect and received the loan; the money was deposited to the credit of the company im the Fourth National Bank; i mean the certificate of deposit; 1 had no other object than the mterest of the company in carrying on the transaction; I was under tle iwpression, Whea Mr. Goodall got $500, that it was for his commission in the loan; I had agreed to pay him that amount for any loan of $100,000 he might ebtain, and this agreement was. made on behalf of the company; Mr. Goodall had authority, ther-fore, from the company, to borrow & loan of $100,000 from any party he could get it from; he Was not authorized by the coupany, but was promised one-lalf of one per cent commission on guy money he could borrow for tae company not leas tan $100,000; Mr. Goodall had not acted as a general agent Jor the procuriug of loans for the com- pany; he did not procure any loans before the 19th of December; he did not apply before that time to negotiate any loans for the company; I occasion- ally saw Mr. Goodall during the two montis pre- vious to the time the loan was ugreed upon, at No. 20 Nassau street, which 18 the oflice of the companys the subject of the interviews we had was about pro- curing loans for the company; he did not meniion the names of any certain persons he expected to loan money from; I do not Wish the counse! to pat the company in the light of seeking Mr. Goodall; Mr. Goodall sought the company tn the transaction; the company ight Lahey. loans ag gr] making loans through any responsible 3 they obtained the loan from Goodall because P was olfer- broker in his transaction; the company loans yh Lim except this one; the com because they wanted money at the time: I first saw- nspiracy oy the defendants to various parties; when f charged fraud against the defendants I meant just what Webster means when he deiines it in the dic- Judge Dowling—What Webster says in the ab- sence of the defendants is not evidence; but i? Web- ster is present let hun speak. The witaess coutinued—The act of fraud in the case is not heldiug the bonds until maturity and the = of them; the whole transaction is the con- spiracy 1 alluded to in my affidavic; I am unable to designate any particular act in the transaction which led me to believe that there Was a conspiracy. Q. What amount of first mortgage bonds have been issued by the Union Paciilo itailroad Com- ’ mat. Hutchings—That ts immaterial to this case. Counsei—i think otuerwise, Tne $120,0.01n bonds may and may not have been vaiuable. if a crime has been committed the company has been defrauded of something valuable. Judge Dowling refused to allow the question. Couusel—Were these bonds distinct trom any other issue of bonds made by the company; that is, separate issue of themselves? A, No, sir; the th- terest on the bonds was payable at six per cent in gold; Mr. Goodall acted a3 a broker im ile transac- lon for ihe party he purported to represent. (Here the bonds of We contract were identiied by Mr. Ham as belug in is bandwriting.} By Air, Hutebings—ilis paper was given toMr. Goodall, and when I received it back wy tie messen- ger, Heary 5. Lindeli, the signature of Mr, Woift Was on it. (here cel — shown.) This certificate 1 identity as the one | received and de- posited in the Fourth National Bank, TESTIMONY OF HENRY M. LINDELL. Henry M. Lindell, sworn—i keep books and act as messenger at the Union Pacific kaiiroad Company's ofticey! saw Mr. Goodall there ov the 19th of Decen- ber iast; Bir. Ham sent me with $120,000 im first mortgage bonds, In company of Mr. Goodall, to No, 83 Nassau street; | had a pove with me also; on the secoud floor, at tie office of Thomas Egan, we inet a man Wi | tink looks like Wie one represented here us Mr. Lyon; we went into the office; t think there fre two rooms, Nos.5 and 6 being oa the doors; L went into the room and delivered the bouds to the man who looked uke Lyon; when the bomis were counted the man gave me a certificate of deposit wod that agreement, signed by Woil; ook them, to Union Pactile Railiwad Com- pany’s office and delivered them, I think, to Mr. Ham; Mr. Goodal! motioned me to up stairs after the man met at the door; i follo’ hia and gave him the bonds; | recognized the man as beimg one of those who Were preseat when the agreement about the loan was made at the Union Pacific Kailroad off TRILMONY OF CHARLES TUTILE. Chas. Tuitle, sworn—I am Assistan, Treasurer of the chion bacitic atiroad Company; wus present wien the agreement about the loan was made; Mr. Lyon aud Mi. Goodall came tnto the ofice and siated to me that they had a friend or a client who wished to loan the Company $100,000, and to receive as col- lateral tne bonds of the company; 1 then in- quired what amount of collateral would be kiven, and urged that it should be greater tun + tue amount proposed; the amount g ven Was 1.0 bonds of $1,000 each; they stated that | The person for Waoim (uey Were actlag Was @ man of | hic respectability, of large means, & retired mer- « | tod teem we wore Very particular into | oo ‘hand# our seeurities were put, and they in- |e te ot their friend was @ man of wealth, and ‘ would give a receipt Virgen bg re- tucce: the same bonds he Would receive irom the company; & uote was given by me to either Mr. Ham or to Mr. Lindell; the note was drawn in the usual way, to the | that “four months after dave the Union Pace road Company — to pay for value received $—,” ; Mr. Cisco sigue the majority of the notes; Isiga some of them ihe court here adjourned to Thursday af ‘The prisouers, a: tue close of the procevdiags, were remanded to prison, the Judge refusing to take basi. OESTAUCTIVE FIRE IN NEW ALBANY, IND. Op the oth ult. a destructive fire occurred at New Albany, Ind., whereby four large brick bai were entirely destroyed, The foilow losgea:—S. Moore, @) Siceetena and 4.000 in jon and Liverpool, Ace Lond dulaing ‘was owned by W. C. Depaw, and valued $60,000; no Insurance. Kendell Stay, cry had $30,000 worth; part saved in @ tion. They bad $1¥,000 insurance in the Cg of Fee od 3 New Insurance Company, ii done us ae O00 = a is New York, $2,0005 Ha ‘ga, wned by H. Weover, valued Pras. crned oy cnctneucal Tor $6,000... We merchant tailors, 108s $14,000, for 090 in. the Home, of New % BE and oi if New Yi and Continent The e, Of NO ore re ing wes owned by a A wi ry Par uldig on the. corner of Peart and in wu) was vaiued at $4,000, aod ‘Merchants’ National Baa no tionery, lost neavi in and tia racine, of san Frencieony, Krnepiy Jost consideravie 0 eons Lar — wine at . $40, sae Rendtage teers alt aie vicinity of Peart aad Mata streets,