The New York Herald Newspaper, February 4, 1869, Page 5

NEW YORK CITY. Pe. eas THE cotn Ts. UNITED STATES CIRCUIT COURT. Arraigomente—More Sick Whiskey Men. Before Judge Benedict. ‘The court, in pursuance to adjournment, was not Opened till one o'clock P. M., Judge Benedict being detained by other business in the Eastern District up to that hour, The Watson, Crary and Pike Case, The United States vs, Watson, Crary and Pike.— ‘The defendants, in whose behalf special pleas were interposed yesterday and overruled, were indicted ‘with removing whiskey from 4 distillery in violation of the Internal Revenue law, and for obstructin; the course of public haan The case agains the defendants was themselves called upon to plead. The deiendants, Watson and Pike were in court, and bei ul ng arraigned pleaded not guilty to the indictment. George D. Grary ‘was not Pag ven but was repre- sented by coansel, Mr. W. C. Barrett, who state the court that Mr. Crary was very sick, confined to his home, and would not be able to be in court to- morrow, the day tixed for the trial of the case, His clic nt was by his indisposition prevented from plead- ing here to-day, and he (counsel) was certain he woud ne too indisposed to appear on the day ixed for trial. Judge Benedict said that counsel would have to be in court to-morrow (this) morning, when the case would be called on, when he could renew his motion for postponing the trial. The Leipzinger, Beninger and Callaghan \ Case. | The Untted States vs. Leipzinger, Beninger and Callaghan.—The defendants are jointiy indicted on acharge of removing whiskey from a distillery in violation of the Internal Revenue law and with con- spiring to defraud the government. The defendants Leipzinger and Callaghan were in court and pleaded not guilty. On the part of Beninger Mr. Kunkel, of counsel, appeared and moved for a postponement of tne trial onthe ground that his client was sick—suifering from an attack of gastric fever, at the same time presenting an afidavit of a physician to that effect, and stating farther that Mr. Beninger had been una- bie to leave his house ‘or the last ten or twelve days. Mr. Courtney, United States District Attorney, op- pored the mofion, calling the attention of the court the very remarkable comcidence tiat one or other of the defenaants—sometimes their counse!—as each case was called up for trial on these whiskey frauds, had been seized with @ sudden indisposition, pre- venting their appearance in court and the prosecu- tion of the case, Counsel, it appeared, had got over their sickness, but the defendants themselves were still too indisposed to come forward. Ths epidemic threatened to prevail till the end of the term, but the cause was too manifest and the excuse too flimsy to have any effect on the Court. ‘These pleas of sickness were pleas for procrastination and delay Intended to exhaust the term of the court, so that the cases could not be tried by his Honor during this term, and beyond that was the hope that in the changes that might be expected in the District At- torney’s office they would escape trial and punish- ment altogether. He (District Attorney) seeing through these pretexts and knowing the character of the men he and the Court had to deal with, had lost all patience in be! compelled to submit to these continued delays. He hoped the Court would do something to remedy this matter and to compet these defendants to come before the public courts and be subject tothe laws they were all and sepa- eet charged with violating. Judge Benedict said he fully concurred in the sng- gestion put forth by the District Attorney that an order of the court should be made to remedy the evil he (Mt. Courtney) complained of. He would, therefore, so long as he presided in this court, insist from henceforth that on motions of counsel for che postponement of the trial of criminal cases on tie lea of the sickness of a defendant, a witness should put on the staad to testify to the fact of such ill- ness and to be subject to the cross-examination of the prosecution so that the Court might be able to determine the necessity for a | hy or a brief postponement as the motion might ask for, ‘The Court further added that this rule would apply to the motion of counsel previously made on behalf of the defendant Crary; who counsel represented as being too sick to appear for trial to-morrow. Me Barret, counsel for Crary, was notified accord- iy. Charge of Embezzling a Letter from the Post Office. ‘ The United Stales vs. Thomas Callum.—The de- fendant, who was indicted with embezzling a letter from the Post Office and destroying the same, ap- peared before the court and witudrew a plas of not ilty previously given by him and pleaded guilty of on offence charged against him. Remanded for sen- nce. UNITED STATES DISTRICT COURT—IN ADMIRALTY. Important to Canal Boatmen. Before Judge Blatchford. The Uniled States vs. The Canal Boat John Hawks.—This was a suit in admiralty. The Itbel of information charged that the said boat, being en- gaged in the coasting trade, was found with an altered license on board and therefore became sub- Ject to forfeiture by section five of the act of Con- gress of February 18, 1793, The evidence upon the point of alteration was that the captain of the boat November, 1867, had erased in two places the four of the date, 1861, ina license granted to ie boat for that year, and in tego a the word “four” from the words “eighteen hundred and sixty- four,” printed in said old license, and thas no license had been taken out subsequent to 1864, Upon clos- ing the evidence his Honor held that an altered Ucense within the meaning of the statute had been shown and no satisfactory explanation of the altera- tuon had been given; that the offence was complete Within the act; the government must be protected from such tampering with the documents of vessels, and any mitigating circumstances which mizht be leaded should be presented to the proper tribunal for remitting the forfeiture. Mr. Baker for claimant. Mr. Simons, Assistant United States Attorney, for the government, SUPREME COUAT—GENERAL TEAM. The Patent Pavement Litigation The Court Sustains the Coutract of the Clty with the Potentees. Before Judges Barnard, Ingraham and Cardozo. Astor et al. v8, The Mayor, &c., af New York. Do- lan vs. The Same,—These cases were argued at the November term of this court, and in each case an Injunction had previously beeu granted to restrain the laying of a certain pavement—in the former case toenjoin the paving of Thirty-third street with Nic- olson pavement, and in the latterto prevent Seventh avenue being paved, from Fourteenth street to Filty- ninth street, with Stafford pavement. The authority for this paving in both cases was derived under re- solutions of the Common Council. Both the plaintiats are e property owners on the thoroughfares desig- nated, and brought their suits on behalf of them- seives and all others similarly situated, but m each case a decision udverse to the plaintiis has been rendered. Mr. Justice Ingraham, in his opinion, says that in the first case the iwjunction had, after umeut be- fore Special Term, been dissolved, and in the sec- ond case continued. From both orders appeals were taken, and on the appeals both cases presented the same questions for consideration. The grounds = which the injunctions were granted were, that @ pavements were each patent and could not be the subject of competition among contractors, and that the Corporation could not contract for its use or cause such wement to be laid down without Violating the city charter. section thirty-eight of the act of April 14, 1857, itis provided tuat wien. ever any work is necessary to done or any sup- cane needful for purpose which has to be under- en or furnished for the Corporation, and the same shail invoive the expenditure of more than $250, the same shall be by contract. It is also provided that such contract shall be made on pubiic notice and awarded to the lowest bidder. @ act of April, 1861, directs that contracts shall be awarded to Jowest bidder, The right to use these pavements being secured by patent to the Nicolson Pavement oe yp’ im one case and to individuals in the other, t contended that a8 no competition can take place jong =this = work there can be no offer for bids that can be of any avail, and therefore the Corporation by the provisions of its charter cannot contract for these pavements ‘with the patentees and are virtuatiy prohibited from pone Ban pm ‘The real question is wuether when a mun! ye compere Si resnued by its charter to ida for work or taterials, patented articles or modes of doing the work are prolibived by that provision because such articles or modes of work cannot be the subject of competition. ‘The isla- ture could not have required competition for an ar- ‘ticle which but one person could furnish, or for work which but one person could perform, and I think it Cp! reasonable to suppose that if they intended <) bit rae of ee uted ee or Wg parpose could have used language applica- bie to such purpose by an sxprese Drontatione We cannot avold the conclusion that this diMcuity did hot occur to the Legislature tn passing this statute. ‘This then brings us to the question whether patented articles are laden. To say that the I inture intended that bids should be received for what can m of company, and without Bi Ej : Necessary to the muntcipal government them to travel the same paths which thelr jeces- sors trod, without the benefit of any new discoveries bie to public use. Judge = that in bis judgment the statute does not re- quire any such constraction, and he thinks the intent of the siature was to require all materials and ‘work that could be performed by different persona to be the subject of competition, The very object of the provision was to obtaiy vids from ut per NEW YORK HERALD, THURSDAY, FEBRUARY 4, 1869—TRIPLE SHEET. Recovery of Damages for Injuries to the Person. Before Judge Monell. ‘James W. Sweds vs, Eliza Fuller and Phede Monetia,—The plaintiff sued to recover $6,000 dam- ages for personal injuries received by falling through a coal hole tn the sidewalk, belonging to defendants’ premises, which had beea leit in @ dangerous aud negligent condition, The jury yesterday rendered a verdict for the plaintiff in the sum of $1,000. SUPEANIR COUAT—SPECIAL TERM. Misnomer—Eifect of Judgment. Before Judge MeCunn. The National Gaslight Company of New York vs, Silas C. Herring, James R. Floyd, and James O’Brien, Sheriff.—In this action it seems that the de- fendants herein sued the plaintit! in the Supreme Court, but they there sued them under the name of the National Gas Company—a misnomer, Herring and Floyd proceeded to judgment and execution, sold the property of this plaintiff through the Sheriff and bid it in at the request of an agent of this piain- tir and took possession. Herring and Floyd bid and paid to the Sheriff $1,500, or thereabouts, for the property in question. ‘The plaintiff brings this action equity, and the only specific reiief demanded is that the defendants, Herring and Floyd, return the property in question to the piaintitl, and that during the pending of this action they be resirained from parting withit, The plaintiff nowhere offers to pay Herring end Floyd the $1,600 they paid the Sheriff for the same; Lor does the plaintiff offer to pay Herring and Fioyd the amount of the judgment or execution of theirs against§it on which the property was sold. ‘The foliowing is the opinion of Judge McCunu:— In this case afidavits have been presented to me ex parte, and upon thei {aim requested to renew my order of injunction granted in this case without going through the circumiocution of a regular motion. ‘The rule is weil settied taut a judge grant ing an order in an action can of his own motion or upon the application of the Veg aggneved vacate the order complained of. This being the case, I think the affidavits presented require me to vacate the order restraining the defendants withqut farther ceremony. ‘The action, in fact, is a suitin equity te restrain the defendants, who are perfectly solvent from taking possession of personal property, and the rule is that such an action will not lie wheres remedy at law i3 within reach of the plamtiff, which is clearly the case here. The facts contained in the aMidavits of both parties establish the fact that the defendants are lawfully i possession of and are ep- | titled to the custody of the property in question, ‘The order of injunction must, therefore, be vacated, but as the application was ex parte it must be with- out costs. COURT OF GENERAL SESSIO:3. The Park Bank Robbery—“General”? Pintow Seat to the State Prison for Five Years. Before Recorder Hackett. Shortly after the opening of the court Francis FE. Pintow, who was charged with stealing a package of United States bank notes, amounting to $3,630, from the Park Bank on the 23d of January, was arraigned at the bar for trial. The circumstances of this bold larceny are tresh in the minds of our readers; hov that the prisoner entered the bank, broke the glass in front of the money department, grabbed a pack. age of money and ran out. He was pursued and captured in Maiden lane. Pintow offered to plaid gu ty to an attempt at grand larceny, but Assistant istrict Attorney Hutchings peremptorily refused to take any plea other than the full charge in that ad every other case where the guilt of the prisoner vas clearly established, Pintow then pleaded guilty to the indictment and the Recorder in ‘ing sentence observed that ‘he prisoner committed one of the boldest robberies ever sought to be attempted in the city of New York. He saw no reason why any mercy should be extended, and he consequenily sentenced him to the highest Fab the law assigned to that offence, which was ve years’ imprisonment in the State Prison. GRAND LARCENY, William Hastings was charged with stealing a trunk containing ninety dollars worth of lidy's cloth. ing. The compiainant, HlizaV tile, residing at 380 Third street, 8 that on the 25d¢ January she gave the Rave an order for ihe purpose of having the ink and iis contents brought to her by express. Instead of doing so Hastings obtained the property and appropriated it to his own use. He pleaded guilty to av attempt at grand larceny and was sent to the State Prison for two years and six months. John Feeley, who on the 25d of last month stole a coat valued at thirty dollars from the front of Jo- seph Goldsmith’s store, No. 2 Fourth avenue, pleaded guilty to the charge. As that was his first oifence the Recorder was lenient and sent lum to the State Prison for one year. ANOTHER BOLD LARCENY IN BROADWAY. Stephen Handsworth was tried and convicted of grand lareeny, Which was perpetrated with bold- ness. John Beaney, a porter in the employ of Eugene Kelly & Co., bankers ,at 24 Nassau street, teatifed that on the 2kth of October, 1863, he brought a check to the Chatham National Bank and received in exchange for it nine $100 gold certificates, which be placed in @ pocketbook and then in his inside coat pocket. He walked down Broadway, when two meu came benind him and siezed bis arms. He lat hold of the prisoner, who said, “Here is your pocketbook and money.” The porter had him arrested on the spot, Assistant District Attorney Hutchings summea the case up and urged for a conviction. The jury rendered a verdict of guilty witvout ieaving their seats. The Court sentenced him to the state Prison for four years and six months, ALLEGED HOTEL THIEVES, Charles Murdoch, Who was jointly charged with Thomas Passmore with burgiartousiy entering the room occupied by Mr. B. A. Brayton, at the West- moreland Hotel, on the 28th of October, was placed on trial. The complainant could not identity the accused by his face. At three o'clock in the inorn- ing. he was awoke by @ noise in his room, and he discovered a man in tt, who took his watch and chain, gold studs and twenty-eight dollars in money. The oes and his companion entered their names on he register and retired at midnight, and whea arrested im their room no property was found. Alter they were taken to the station louse a search ‘was instituted, and the stolen articles were discov- ered in the yard. The case will be finished to-mor- row. An additional panel of petty jurors was sum- moned and made returnable this morning. Most of them endeavored to be excused from serving, but the Recorder declined to entertain any but legal excuses, The Grand Jnry brought in a batch of indictmenta, to which the prisoners pleaded “not gniity.” some of meee cases were seat to the Oyer aud Terminer for trial. COURT CALENDARS—THiS DAY. ScurremE Court—Crrcvit.—Part 2—Nos. 742, 492, 903, 910, 954, 066, 958, 060, 962, O64, 976, 978, H50, OH4, 56, 984, 900, 004, 008, 1004, Part 3—Nos. 1105, 1022) 888, 1005, 519, 824, 655, 567, 861, 047, 1084, 949, 1219, 1221, 1055, 787, 609, 613, 559, 889, SuUrreme CocRT—Sreciat, Tenw.—Nos. 139, 151, 157, 158, 159, 160, 161, 162, 163, 164, 106, 160, 167, 163, 169, 170, 171, 972, 173. SUPERIOR COURT—TRIAL TERM.—Nos, 579, 555, 597, 431, 479, 657, 529, 163, 606, 631, 538, 006, ost 630, 641, Common PLEAS—TRIAL TERM. ‘Nos. 431, i, 470, 471, 472, 473, = 4 462, 463, 464, 465, 408, CouRT OF GENERAL Sesstons.—Refore Recorder Hackett.—The People vs. Patrick Moore—Ropbery; The Same vs, ane Gross, Henry Wilson, Henry McCall—Robbery; The Same vs. Frederick Baden— Arson; The Sate vs. Thomas McCormick—Larceny from person; The Same vs. James Devine, James Edwards, Andrew Wheeler—Burgiary ; The Same va. Joseph eae tae a The Same vs. Thomas McMahon—Burglary; The Same va. James Shen- herd—Felontous assauit and battery; The Same va, William Rea—Burgiary; The Same va. Stephen , allay Francis, alias Barrett—Felonious as- tt and battery; The Same vs. Patrick Martin— Burglary; The Same va, Charles Edwards—Felontous assault and battery; The Same vs. Join smith—Bur- ary. Before Jndge G G. Barnard.—The People va. Henry Henenson—Grand iarceny; The Same vs. George Jones—Felonious assault and batiery; The Same vs. George Jones—Burgiary; The Same vs, James McNamee—Robbery. CITY INTELLIGENCE. Tan 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, HeraLp Building, corner of ey — Ave pI Averago temperature f Broke Her LeG.—Yesterday afternoon Catharine MoCreale, aged Afty-tive, living at No, 122 Elizabeth Commissioners met yesterday—present, Commis- sioners Shaler, Wilson, Galwey, Myers and McLean. Commissioner Kingsland, who is now described in all official documents as “C. E, and Colonel Com- manding.” reported for the month;—Buildings slightly damaged by fire, 70; considerably, 8; totaily, none; 1 stable damaged slightly; 3 considerably; 2 totally destroyed; 1 vessel slightly barren 1 con- sidergbly; 74 fres contined to one buiiding; 6 ¢x- tended to others. Totai fires, 79. Foreman Rowe, of Hook and Ladder No, 9, announced the death of dreman Jon H. Carman, of tiat company. AN ASSISTANT ALDERMAN TAKEN TO WASHINGTON UNDER ARKEST.—Assistant Alderman Florence Scammell, who was arrested on Monday night by the Sergeant-at-Arms of the House of Representa tives for contempt in refusing to testify before the Committee on Election Frauds, was taken to Wash- ington on Tuesday morning. Scammell was sub- pened before the committee while in session in tis ely, and vestified in tue most brazen manner to cer- tain facts which he clatined to be within his know- lalge, while in ré to other matiers he was ejuaily dedaut in his reiusal to give ue information aught, The precise nature ol the cause for Lis arrest is not known. Tu German HosriraL.—The Financial Commit- tee of the German Hospital and Dispensary, Fourth avenue and Seventy-seventh street, made their re- port of the nnancial condition of the hospital to the following effect:—Total subscriptions trom 18¢1 to 1867, $108,259; for 1868, $23,788. Total, $127,047. From the German Ladies’ Aid Soclety during 1503 to 1867, $29,044; during 1868, $524. Total, $29,308. In- terest account from i862 to 1853, $5,637; makme the total receipts since the organization of the society $165,064, ‘The expenses for the same period were $165,044, leaving 520 cash in the treasury on the 1st of January last. The expenses include $148,126 tor buliding purposes, and $4,654 were paid since May last to maintain the Dispensary. Firgs.—At forty minutes after eleven yesterday @ fire broke out in the four story brick building No. 317 Eighth avenue, owned by H. Seifke and insured in the Bowery Insurance Company for $3,000. The building was damaged $1,800. The fire originated in @ stove on tue tirst floor, mm the pre- mises of Aaron Zacharias, dealer in furs and wil- linery goods, whose loss 1s put at $12,000 ; insured for $7,000 in the following companies:—Hope, $3,000; Brookiyn, $2,000; Luiayette, $2,000. ‘The third floor, occupied as a dwelling by Erastus Miller, was damaged $500; insured m the St, Nichotas tor $2,000. The barber shop of George Schmidt was damaged $100, A tire broke out yesterday afternoon in the cabin of the brigantine Catharine Leed, of Leith, Scotland, at present lying between Forty-second and Forty- third streets, East river. Th? damage sustained is estimated at $3,000, The tre originated from a stove heating the woodwork ef the cabin. POLICE INTELLIGENCE. Carnyine a StuNG S#o7.—Yesterday morning Wm. Meikeilson was brought before Justice Dowling by officer Jaques, of the Twenty-seventh precinct, on the charge of having in his possession a slung shot, with the alleged intent to use the same, ‘the magistrate committed Melikeilson to prison to an- swer the complaint before the Court of Sessions. OUTTING AFFRAY BETWEEN FEMALES.—On Tues- day night Anna Gallagyer, living at No. 46 Thomas street, and Margaret Butler became involved in a quarrel during which Maggie, as alleged, drew a knife, with which she cut her antagonist in the face, ioilicting a severe wound. Maggie Was subsequentiy | arrested by officer Christie, of the Firth precinct, and | Justice Dowling committed her for trial. CavGut IN THE Act.—Daniel McKenna and Thomas Thompson, arrested by officer Brady, of the Sixth precinct, stand charged with larceny by John Smiih, @ German, living at No. 63 James street. Jolin caught the prisoners in the bedroom of his boarding house examining the contents of his trunk, where- upon they ciosed it and ran away. On making an examination immediately afterwards John found that twenty-five dollars in cash had been stolen from bis trunk. Justice Dowling committea the prisoners for trial. Rowsery iN James SrRret.—About half-past eleven o’clock on Tuesday night Samuel Bruce, a seafaring man, while standing on the front steps of premises No. $4 James strect, occupied as a dance house, was violently assaulted by Thomas Grady and three other men, whose names are unknown, some of whom seized and heit him tast while another of the gang rifed his pockets of fiiteen dol- lars in legal vender notes, aud a silver watch, with which they fed. Oficer Rooney, of the Fourta pre- cinct, subsequently arrested Grady, whom Bruce recognized a3 one of the parties concerued in tle robbery. The accused was taken before Justice Dow- ling and committed to the Tombs for trial tn detault of 2,000 bail. The others engaged in the robbery are slill at large. Brace was sent to the House of Detention, A Woman Ropsep IN GREENWICH STREET.—Last Saturday evening Thomas Ryan and Michael Loftus, twenty and twenty-two years of uge respteuveiy, eutered the liquor store of Henricita Byattner, 66 i wich street, and commenced abusing her. In a few moments afterwards one of ihe men siruck Henrietta on tue brow with a heavy instrument, knocking her down, and while prostrate ou the door they forcibly rifled her pockets of twenty-three dol- lars and seventy-five cents in legal tender and national bank notes, with which they escaped, Search was made for the rovbers, ana at a late hour on Tuesday night oflicer Gritflin, of the Twenty-seven’ precinct, succeeded in arrest- ing them. Yesterday morning the prisoners were arraigned be: Justice Dowling at the Touibs, where Henrietta appeared and made a complaint against the accused parties. In default of $2,000 bail each the magistrate committed them for trial. ‘The defendants ciaim to live in the lower part of Greenwich street. Frank Keenan, aliezed to ha’ been concerned in the assault aud robbery, has bot 1 been arrested, but the oflicers are im pursuit of tn. THE C.TY PRISON, Prisoners in the Tombs=Murderers, Robbers, Barglars and Rufians. | records of the Tombs show that there are at present in that prison no less = than twelve murderers, twenty-eight burglara, eight robbers aod sixteen other criminals charged with felonious assault, arson, bigamy, rape and forgery. The list of prisoners who are awaiting trial for minor offences against the law is very large. Mostof the prisoners who are charged with the commission of the greater crimes were arrested within the past month. The ro- cord does not, by any means, include all the offenders ‘held for trial;’’ for by the system of legal hocus-pocus, in which the fraternity of cri is thoroughly instructed, many scoundreis who ma: rob bery a business and murder a recreation are out on bail and pursuings their vocation with perfect impunity. ‘fo that very influential and numerous body of citizens the hs | list of poorer but not less guilty villains now in the Tombs will afford much amasement, while to the public at large it will furnish food for reflection. MURDERERS, Coll No. 106—John Carson, charged with the mur der of his wife, Rebecca Carson. Cell No, 70—George Greening, charged with the murder of Patrick Tieman, Cell No. 133—William J. Harris, charged with kill- Thomas Mullen, jiza Johnson, the murderess of her husband, Norman L. Johnson. Cell No, 64—Patrick Kerrigan, the murderer of Eliza eer Cell 85—Wilham MoCulchion, charged with killing James Shaniey. 11 52—Doualtio Mogaldo, the murderer of John an. Gertrude Pferfe, the murderess of her husband, *aGeorge Rueinhardt, ch reed with assisting Mra 201 einhat cha with assi Prernein the murder of her husband. Co a Real, the murderer of oMcer John ic Cell 69—John Stebert, charged with the murder of Jacob Stellwagen. hg Cell 49—Robert Tillman, charged with murder. BURGLARS. Raymond Cabana, John Smith, Forty-eighth street; Henry Senuitz, Charles Steve Charles Smith, Andrew Wheeler, Walter Scott Wells, Henry Wat- son, ‘Thomas McMahon, John ——. Edward Top ping, Joseph Gross, Henry Wilson, Henry McCall, cis Bradley, Francis Conklin, James Devine. James Edwards, James Gammon, George Joucs, James Jones, William Jones, Charles J. Murdock, Patrick Martin, Thomas Moore, Thomas Passtnore, Pm T. J. Moore, William Rielly aad Joseph Craw- | The Thomas Ryan, Chariee Lottus, George Brown, Den- Union ferry.......secceesses 40,000,000 ali’s ferry and Fort Lee terry . 785,000 | Jersey City ferry 13,109,000 Gi | Pavonia terry .. Dr. Joes, President of the Board of Surgeons, in calling attention to the subject of station houses, expresses gratification at the improvenients made therein as, compared with their former condition, but regrets that the ventilation is not more perfect, He also expresses the conviction that It is highly ~ improper to allow statton houses to be used as lodg- ing places for vagrants. During the year, from January 1 to November 1, 1868, 5,263 arrests for drunkenness and disorder were made; 5,748 children were reported to the police as “los? in this city and 1,693 in Brooklyn, e ULI ber of foundlings in New York was 102. THE HOUSE OF DETENTION for witnesses is the subject of many valuable sug- gestions by the Commissioners, in the course of Which they say:—It can searcely be realized by the people that in this age aud country, where accused persons and convicted criminals are so humanely Geait with, there 18 an institution established by law {aud well’ filed) for the imprisonment of persous not even charged with any crime or offence. By reference’ to the annexed report of the sergeant im charge of the . House of Detention of Witnesses it will be seen that during the year ending October 31, 1364, there were coutlaed as prisoners, infact and law, in this institution, 264 persons—i¥3 males and 71 fe:nales264. The aggre- gate number of days these persons were detained ta 38.62, equal to ten years, six months and eighteen days of one person. iabie No. 2 exhibits the opera- tions of this system of imprisoning Innocent persons for the six years last past. ‘t appears that within that period, in New York and Brook !ya, 1,716 persons have been timprisoned in this institution, an aggregate Of 25,541 days—equal to seventy years, nine months and twenty-one days’ Ume of on¢ person. ‘The wit- nesses are generally poor, without friends tn the city. Some of them have families dependent on them for the necessaries of life. They are all inno- cent, and have a natural right to their liberty and the earnings of such employment or business as they Thay choose tofolluw; yet in derogation ef these natu. ral rights they are arbitrarily imprisoned upon the claim that the public good demands their presence and testimony on criimmal trials. In some cases the innocent witness 13 fmprisoned wile the criminal 1s at large on bail, and finally escapes punishment, not unfrequentiy with- out coming to trial. In some cases where the criminal ts convicted the witness suffers a longer imprisonment than the criminal. In nota few instances Lhe person against whom the offence was committed has been imprisoned, while the guilty party has been allowed to go at lorge and escape punishment. This system, instead of aiding, probably tends to embarrass tie successful punts: Ment of crime. During the year 186% there were thirteen persons detained more than seventy days each. Seven of them over ninety dayseach. Five more than 100 days each. One has been imprisoned 164 days, and is still in prison. The currentlexpense of this institution for te i , paid by this aepart- ment, has been $3,494 51. The property occupied for this purpose is worth probably More than $100,000, and wouid bring an annual rent of $10,000, making @ otal annual cost of $18,494 ol. In speaking of LODGING HOUSES and the class who wouid patronize them, if estab- lished, the Board says:—Those who apply for this accommodation are tle most wretched of our popu. lation, ‘They cannot be commuted to prison. It Would not be creditable to our government to allow them to freeze to death in the streets. The accom- modation now afforded is insufficient and cannot be enlarged in our station houses. It would be a charity well bestowed to provide, independent of the station houses, lodging houses, under the cuarge of the police, to be located in diiferent portions of the city where the population is dense, of suficient dimensions to receive ail these wretched people. Four or six such establishments, built and adapted to their use, coaid be maintained at a very moderate current expense, In eight years, from 1861 to 1565 inclusive, the num- ber of these lodgers bas been 744,570, which 13 au average of 93,071 per year. HEALTH OF THE POLICE FORCE. The total time lost by sickness in the whole foree during the year was 26,661 days, of which 15,498 days were paid for and 11.163 days unpaid. ‘There were thirty-three deaths in @ force of 2,668 men, showing a death ratio of about one and one- fifth per cent of the whote force. There were 207 eases of accidents among the members of the force, ‘Two thousand, nine hundred and sixty-four cases of medical and surgical disease occurred among the members, the proportion of deaths being one to every eighty-seven cases of sickness. Notwithstand- ing ‘the number kiled by violence, the death ratio 18 much below the average of men in police and mili- tary service in other paris of the world, THR POLICE FORCE consists of 2,519 men, of the following rank :—Cap- tains, 32; sergeauts, 132; roundsmen, 70; patroimea, 1,675; on special duty in precinct, 240; do. out of pre- ciuct, 36; doormen, 73. PROPERTY CLERK'S OFFICE. J. W. Bruck, property clerk,. reports that the value of property restored through his ofice to own ts their own valuation, amounted to $3,856,730. Several Jois of unciaimed goods were disposed off at auction. From the different precinct statioa houses the value of Property, restored amounted to $1,346,627. Grand totai of property restored, $5,205,258 63. STEAM BOILERS. Captain Lord, of the Sanitary Bureau, reports that during the year there was no explosion of any sta- tionary boiler in the precincts of the Metropolitan police. Three thousand three hundred and four steam boliers were examined, of which 642 were found defective. There were $10 applicants for certificates to take charge of sicam boWers, which were examined, Five hundred and sixty- four were found quaiitied and granted certificates, and 246 reiused. Number of steam boilers tested uydrostatically, 2,877; number of steam boilers con- denned, 20; huuiber’ of #teain boilers found defect- ve, 100; number of gauges found defective, 142; number of safety valves iound defective, #2; num: ver of gauge cocks found defective, 368, Totainum- ver of defects, U42, Nuraber of steam boilers re- noved by order of department, 20; repaired by order of department, luv; gauges repaired by order of department, 142; savety valves repaired by order of department, 92; gauge cocks repaired by order of deparunent, 308. THE FERRIES are reported to have carried tue following number of passengers during tue year:— Hoboken terr) Staten island ferry. Now York and Flizabeth ferry Houston street ferry....... Peck Slip and Grand street enpoint ferry . ferries. Jackson str North Shore 338,516 «82,921,274 Of this or THE NUMBER OF ARRESTS for the year gives a grand total of 7%,451. number 66,754 were males and 2),607 females. this number the Fourth precinct furnished the largest proportion as compared with other precincis, being 4,681 males and 2,787 females, OFFENCES. Assault, 176 males, 14 females; assault and bat very, 5, mates, 1,083 females; felonious assault, 649 males, femaies;, abandonment, 343 mates, 10 females; attachments, 71 maies, 8 females; arson, 58 méies, 7 females; bastardy, 161 males; bigainy, 11 males, 2 temales; contempt of court, § males, 6 females; diaurderly cou- duct, 10,077 males, 5,891 females; escaped prison- ers, "73 ‘mates, 15’ females; frauds, 602 males, 16 fomales; forgery, 107 maies, 6 females; gambilng, 165 males; Insanity, 422 males, 196 females; intoxi- cation, 17,662 m: 7,495 females; intoxication aud disorderly conduct, 5,392 males, 8,486 females; kid- rapping, 12 males, 9 females; keeping disorderiy house, 147 males, 161 females; grand larceny, 1,018 males, 497 females; petit larceny, 5,689 malea, 1,253 females; mutiny, 12 males; malicious miscbicf, 1,158 males, 37 femaies; murder, 71 maies, 7 females; picking pockets, 255 males, 45 females; perjury, 16 males, 2 females; re ceiving counterfeit money, §4 males, 9 females; re- colving stolen goods, 213 males, 42 females; robbery, 128 males, 4 females; suspictous persons, 642 males, #1 femaies; seduction, 18 males; truancy; 207 males, 82 females; vagrancy, 1,376 males, 1,073 females; yiolavon of corporation ordinance, 1,545 males, 68 femaies; violation State law, 165 males, 4 females; violation United States law, 66 maies, 1 female; vio- lation Excise law, 991 males, 30 females; violation Health jaw, 157 tnales, 81 females; violation lection law, 167 males; Witnesses, 6 males, 3 females. Tota), 66,784 males, 21,607 females, BOCTAL CONDITION, Of those arrested 24, were married and 8,275 females; could read and write, 49,275 males, Se could read only, 250 maies and 28 femal NATIVITIFS. United States, 20,126 males, 6,831 females, 1,250 colored; ireland, 24,360 mates.12,666 femaies; Ger- many, 7,119 mates, 1,162 females; England, 1,510 femates. mates, 887 OCCUPATIONS. Of parties arrested 99 were artista, 64 actors, 578 agents, 689 Magee pa barbers, 706 bartenders, Siz butchers, 2,000 clerka, 1,946 cartmen, 1,400 oar. penters, 176 conductors, 1,431 drivera, 3/15 day workere, 29 editors, 5.776 housekeeners. 12,549 labor- these have been visited at their homes, with the exception of 384, whose residences could not ve found; 2,175 were reported absent without cause; 713 were sent to the Juveaile Asylum; 306 sets of books, vaiued at $580, were recovered. ELECTION DISTRICTS. ‘The number of election districts in the city of New York is 440. The city of Brooklyn has 118, This are Camara Ly pede ated polling one vad rg ew York es} , has correspondingly in- sroanee oe Regemee dl repos The amount re- quired for the payment of ins; canvi poll clerks and for rent of aes die regisay and elections in the city of New York was, for the gen. Sy election, oaks for the charter elect UNT. ‘The Treasurer’s report shows that the entire ex- penditures of the department for the year were |B ig ‘The cash balance remaining on hand is $501,642, BOARD OF EDUCATION. A stated meeting of this Board was held last even- ing in the hall of the Board, with the president, Mr. R. L. Larremore, in the chair. A large numper of petitions and coifaunications were received and appropriately referred or were laid over under the rule. Judging from the physlogonomies of some of the strangers in the lobby it was very evident that something more than or- dinary was expected to come up, and that they Were to report to their leaders the progress of the proceedings which might take ‘The cause of the presence of the curbstone politicians soon be- came evident, a8 @ communication trom the City Chamberlain was handed to the clerk by the Presi- dent, Inis communication, which was quite lengthy, retailed the story of the forged check paid by the Broadway Bank in 1867 of the sum of $17,500, and contamed some very si allusions to Mr. William E. Curtis and Mr. Thomas Boese, counsel and clerk to the Board, and challenging the Board to commence proceed- ings to settie the question as to where the responsi- buity for the amount of the check should rest, ay request of the Koard the cierk read the correspond- ence which passed between Mr. James M. McLean and other officers of the Board and the City Cham- berlain in —_ 1867. Commissioner West then offered the following preambie and resolutions, which were unanimously adopted:— hereas the City Chamberlain in a communication to Hoard, of thie date, intimates that he will walve all nical objections in the defence of a ault to recover the sum of $17,000 pald by hint or his agents on a forged check, alieged to have been drawn and signed by the olllcers of this Boani; therefore Resolved, That Messrs. James T. Brady and William E. Curtis, the ‘counsel retained by this Board to prosecute said sait, be and they are Lereby directed to commence procecd- ings forthwith to recover said amount, and that the Finance Committee of this Board take all the necessary measures to er rettiement of this sult, and that conclusions to the Board at ite wi this techi {nsure a speedy and pro; the commttes report next meeting, A resolution was adopted authorizing the Com- mittee on Normal Schools to advertise for proposals for building @ new normal school butiding. The Comptrolier was directed to- piace the sum of $500,000 to the credit of the Board. The Finance Committee ofiered the following re- solutions in to the school moneys tor 1860:— Resolved, That the sum of $2,609,148 68 of the school hereby appropriated for moneys for 1869 be and the same tue pr and in the amounts herein named and paid, may be required by warrants drawa upon the City Cham- beriain, subject to the by-laws, rules and regulations of this Board governing payments, vit. :— Amouni deficient in linbilitles of 1858 Salaries of teachers {n ward school Sa.artes of janitors in ward schools. Incidental expense: “ss Fuel for ward and evening schools. Gas for ward and evening schools... Supplies through ‘depository charts, &c... prneene Sapport of evening sclioois—salatien, & Support of n sehoolk—salaries, & rt of colored schools—salari Sup ties and Corrections Pianos for ward school Erecting ni ormal school building. , bein Kerolved, That the sum of £450, priated balance of the school moneys 'for 1889, be set apart au fad paid as may be reyutred, under appropria- tions to be previously made therefrom, for purchasing, leasing and procuring,sites for erecting buildings and for fur: nishing, fitting up, altering, enlarging and repairing build- ings, and for such other scuoul purposes as are not already provided for. A resolution was introduced on a report from the Finance Comumutiee to appropriate $55,840 for re- building grammar schoo! No. 34 in the Thirteenth ward. he condition of this school was aliuded to in the HenaLp of Saturday last, and jt was some- what = to hear the opposition evinced by Commissioners Neilson and Patterson. The resolu- tion was final! joptéd, as were also resolntions ie poy 11,579 for furnishing grammar school No. 80, in the Eleventh ward, and appropriating $7,500 for furnishing primary school No. I¢, in tie Twenty-first ward. After a littie further unim- portaut business the Board adjourned, THE MUNICIPAL FUNDS. The Bonrd of Edacation—The City Chamber- lain and the Alleged $17,500 Forged War. rant—Communication from the City Chame- berlain te the Board ef Education. Ovvics OF THE CITY CHAMBERLAIN, ) Feb. 3, 1869. § Rrewany L. LARReMons, President of tho Board of Edueation:— Dear Str—I beg leave to call your attention to the facts connected with the warrant drawn against the appropriation standing to the credit of the Board of Education in the Broadway Bank on the 20th day of April, 1867, for the sum of $17,500, This warrant was alleged, by the officers of the Board of Educa- tion at that time, several wecks after notice of its payment, to be @ forgery. Un receiving noti- fication to this effect I immediately commu- nicated with Mr. Palmer, the president of the Broadway Bank, on the subject, On the 1st day of June, 1867, Mr. Palmer answered my communication in a detailed statement of the transaction, which was published at length In the newspapers of that day, charging that the responsibility in the premises rested with the officers of the Board of Education. Mr. Boesé, the clerk of the Board, on the 6th day of June, 1867, published a card in answer to Mr. Paimer’s communication, in which, after cenying in @ general way the specific facts alleged an detailed statements made by Mr. Palmer, he pro- claimed that “the proper tribunal (would) will in due time decide as to the manner in which the clerk of the Board of Education and Mr, Palmer performed their respective duties’? In addition to this public discussion, issue and promise, the subject has been frequently under consideration in the itself. One pf and eight months have elapsed since the clerk of the board declared that the tt herd tribunal” should have the opportunity to decide the question at issue; and yet to this hour no steps have been taken by th clerk or any other officer of the Board to furnish that opportunity, On the contrary,it wou! id seem thatevery recaution has been adopted to prevent the issue From being raised or decided. It ts obvious that the question as to whether the payment in dispute was a valt: against the school funds could oniy be raised by the Board of Eduyation or its officers, That this question could be easily presented, if desired, is not dimculs for any one to see. If, wile the account is run down, as is often the case, and before a new sppro- priation 18 demanded, a draft should be drawn by the proper ‘officers of the Board for an amount coterin; m and it should not be honored, legal pocumienen | to enforce payment would at once bring p ft sibility. ae tae omtcers of the Board draw drafts which impeach that payment, thus virtual ting it as ® legitimate and the question is continuously: allowed to go by tetautt. It is proper that I should remark, in this connection, that you were, not the president of the Hoard at the tle the transaction arose and are not responsible in connection with the ailegauons made by Mr. Paliner, to which I will refer. Tuin ted to make this communtcation in eonse- uence of a letter add: to your Board by Mr. DI its last meeting in i%6%, This proceed it's delay in the Ne 3 = t— Delays have arisen im | remises, Mr. Ow he prosecution of the claim from the technical dim- | culttes incident to the compiteated legislation con- | coruing the relations of the Board of Education = | Li the City Chamberlain. It was hoped that technical diMcuities would be waived, in orderé) tint the question, if any, of the restorniton of | the sum Vo te Board of Hducation migut bo | sunply considered upon its — morita.’? Mr. Curus would have It believed that the Chamberlain | “Bing to year with face) aap apologies for 5 ons and diminish the and not to street, fell aud broke her Taken to Bellevue | nis Comer, Michaol ick Mi James | ers, 154 890 merchanta, 13,334 no occupa- | has technical objections to proced: res ee one to rege —< sapod the Hospital, Jeg, Smith, ‘muemas RK 1 Meohag, Pate = 96. iy ottoors, ee States oicara 6 which he will not waive. pe to be uit: ‘because no one could eompete be Tas Mur, Post ASSOCIATION e RGED WITH FELONIOUS ASSAULT. 2,556 ser- i Seite apparent the law did notin foeme probit panied Tammany yon has |" walter Deane, John M in, | vants, 1,118 ‘Keepers and 17 reporters. ri Droceedings have veen com- the use ted articles or ‘we are not war- | Published a report of their work during past | James WcDonald, Charles Newman, James Shep- ACOIDENTS, ETC. the Chamberlain not been int ranted in the conclusion that any texisted tode- | year, which is very satisfactory, showing that the | herd, Deiderio Gonzales, Edward Bergert, Charles There were during the year 4,898 acci- | a posi! raise, re ey either technical prive the city, in cases where the interest of the city | association ts doing @ good work. Military posts are Edwi Wiliam Boyle, alias | dents; 3,720 were found open and secured; | or a1 he has nothing to vegies the use of such articics or work, of | them supplied with periodicais and papers. Over Edward; cia, alias Kdward Barrett. 1,608 were and restored to their own- | insist upon or to wal | 1m the only way in which it could be » by 000 was collecied for this ypurpose during last CHARGED WITH OTHER OFFENCES, ere; 55,042 violations of corporation ordinaaces were If Mr. Curtis had taken the first legal step to pre- special contract, * * * Such, I is the Year and judiciously expended. Cell Ne. 63, Janes W. Jennette, my; cell No. | reported. sent the the Chamberlain had Hi Proper rule applicable to the a pane yey nestion. pi a 64, John Leonard, rape; cell No. 10! jorge K. Mar- BANITARY SQUAD. and ur, to prevent the tial ith they are thought Ne. METY OF MECHANICS AND TRADESMEN.—A TegU- | tin, forgery; cell No. 89, rrederiek Baden, arson; | The work of the sanitary squad shows:—Number | question of Fosponsibility m being raised, then ing patented, there be no competition of apy | lar meeting of the General Society of Mechanics and cull No. bs, Joseph Roll, a of privies and water cl el 12,993; number | he might have in arraigning the value as to lay! m down, and these Davemonty "Tradesmen of the City of New York was held iast ce of of soil removed, 46,947; number of verlain, But Mr, himself. | used by special contract Li ‘those w! night at Mechanics’ Hall, 472 Broaaway, at half-past =. dead horses removed, 4,251; do. cows, 198; CT cwreng Nearly two years have ce hold the right of their use, objection that these | seven o'clock, Ow rain storm the attend- TAN POLICE. do, sheep, 286; do. hozs, ay ‘do, dogs and cats, | check was paid and the clerk of the Board pro! mneans, is angw; b, act det tus e ince was quite Itmted. Rue bi ~ O. GOLvaR OF 30; 4 ok bape CORN aera canoer tne ‘egilation Hike ommon, ‘council, ot bot to | Was merely of @ routine character. Annani Report of the Board to the Legisia- Yeal (pounds) 0,592; unsound | and responsibility; yet the clerk during all this 1n~ og of the contract, and that auch an objec. | THs MoRGUE—“Ungnowx,”—Wardon Brennan ro | tnre=Iuteresting Facts aud Figures Re- 502; unsound beer, 49,024; unsound pork, tervening time has Carefully avoided Grawing any won La law cannot be ie subject of i uiry in & | ports that the body of knowh man, aged about | Inting to the Expenditures, Force and Salas stingound pris 90,260; ae oy powsey: pas hye saan Seed eae 3 ee Unctions cannot be sustained in the cash ot | MMrty-five years, five fect eight inches high, was | Duties of the Deparsment. Total number of pounds. beta barrels of olfalre- | sional akil is Like efforts “not to do tt,” pes} fad koe Mayor, Rl the ae of Speci Tore brought to the Morgue yesterday from the foot of The mnual report of the Board of Metropolitan | moved, 74,455, spaciecnatatel a omens — the rine the eet that he ae ni injunction must be reversed, e | Leroy strect, . Deceased % % , 1868, ‘TRU, 3 men q succeed injuaction dissolved with ten dollars costs. In the canis pile ry and aga ssp ster pind me te, 3e0r ending: ates th the : ] ‘There are seven men detailed to look after truant | in doing nothing attempung nothing except to case of Astor et al. vs. The Mayor, &c., the order | overalls, blue overshirt, blue flannel undershirt and | JUSt been transmitted to the Governor Legis | children, who visit the public schools daily and the | try to throw the blame on tue i Mr. dissolving tho injunction must be aiirmed. gray socks, 1! ‘was Loo much decomposed to | Jature, and the followiag statistics complied from | absent pupils’ homes, to find the cause of their ab- Curtis’ Ses i Hapa actand Chambertain is about as ——- be placed in the Morgue to await identification. the budget will be of interest to the public gene- en pier the past papier alrgeh tomy boc Tis pata a ravi tenn SUPERIOR COURT—TAIAL TERM, METROPOLITAN Fire ComaissioneRs.—The Fire | rally:— pared by. ae Seachers truants from school. All of | said to go hand in hand with his professional akill and alacrity. It is true [ have waited patiently and repressively for more than @ month since Mr. Curtis. wrote his letter, for him to make another effort to in the hope that I migut be spared the ne- cessity of making this communication; but the first siep forward has not yet been taken. I submit that ths will not answer. Somebody is responsible for this $17,500, and the question of responsibility ought to be decided by the “proper tribunal.” Mr. Boesé’s ‘(due time” for this urpose never comes due, and Mr. Curtis’ “‘begin- ” never [in rae Through you I reapectiully but earnestly invite and urgentiy request it legal ings | be commenced to decide the ques- mn, fi there be any question, or that the disputed amount shail be le a by the clerk, who is charged with the sibility. This condition of the affair should not be permitted to go on from year jelay. ‘would be jus' , after the unprofessional and unfair effort to mvolve me in the delay, in presenting gome reasons from Mr. Palmer’s communication wit; the long-threatened legal proceedings have not—f will not say dare not—be commenced; but I have no feeling in the matter, and will even freely forgive Mr. Curtis, if he will only begin to do something in tne premises, and I shall retrain. I intend, how- ener, ne ypoens nen be a3 ae a challenge to in as courtesy rope wi ir my. But after this long lapse of time [ consider tt my dtuy wreferto the allegations of Mr. Palmer, which have not yet been coutroverted, a3 promised by the clerk, for such explanation as they may fur- nish, and which, for conventence of consideration, may be subdivided as followss— First—The warrant in question was by the paying telier of this bank on the 20th day of April last. On the samo 20th day of April (1887) Mr. B. Mi. Clark, Jr., the bookkeeper in this bank, who keeps the account of’ the Board of Educa- tion, informed the clerk of that Hoard that there was a diiter- ence between their account and his, and requested him to send the bauk book of the Board to be written up. an! book was accordingly sent and written up, showin; charge of $17,500 for the payment in dispute, and the balance was struck, placing amount to the debit side of the ‘account, S-coud—On the 25th day of April the bank book, with this statement of the detailag! the account, exhiviting the balance after the deduction of the amount of ‘the disputed warrant, taelf, with the others, were returned to the on was made as to the correctness of the account or as to the genuineness of the warrant until the bee the day of May follow! twenty three days after the account tras thus retdrmed to ‘ert of the Board, and the warraat Pi ession. to say:—I find that, by the rules of the Board of Ecucation, ft is made the duty of the Clerg of the Board to keep an account of all the expendi- tures, When the detailed statement and vouchers of the bave shown the exact amount in bank to priation. How js it that the clerk did not discover such di and variati e large Sum of 17,600? inicio Fifch—Mr. Palmer then asks the following questions, per tigen oF nent, as they may be considered How is {t, when the clerk fexamined the vouchers, he passed over a warrant for the sum of $17,500, on which bis own name was forged, without surprise or detection! Tt should, be remenibered that the clerk was specially put on his before this; for he was notified on the 20th of Apiil shat there was a discrepancy between his account and that of the bank, attributable to another cause; but being put onthe alert by the notification that there was something ‘wrong in the accounts, if he did not discover the diferenco between his balance and the bank's to be #17,5(0 on that day, Why did he not the next day, or the next week. oF the nex fortnight, enlighten bimsel/on the subject? Why is 1 that it took three weeks to make the discovery? Is it alleged that entries in the books of account of the Board of Education to force a balance to correspond with that of the bank was forged also ? Mr. Palmer then proceeds to consider the mode in which the accounts of the Board are kept, and the warrants drawn and signed; but as what he says on this subject elaborately charges reckless misman- agement on the clerk, a8 to his manner of form- ing hts duties, I shall not quote it, ag I desire to be entirely impartial in the controversy. Mr. Palmer, however, proceeds to inquire if the account was kept at all and came out straight when the account of the bank warrant was returned, how did it undergo revision twenty-three days after- wards? And ifmo account was Kept how was tle discovery made at all? Mr. Palmer contends that the warrant isnot a forgery; but assuming the other aspect of the ques- tion, he proceeds to say:- Ishould remyrk that the paying teller of this bank, who has filled his post so creditably heretofore, states he 1s conti- dent that he manst have paid the warrant to some person well known to him or satisfactorily dea! ‘it was pay- abie for so large an amoant to bearer, which is unusual, and was endorsed by the name of the President. This is his 1n- variabis rule, and if be had been notilied of anything wrong in to’ this warrant by the clerk of the Board at the time when the account and warrant were returned to bimy on the 25th of April, when the facts were fresh, he wou! have been able to remember ail the circumstances under which the warrant was presented and paid. But the clerk of the Board, not disputing the account of the bank, and keep- ing possession of the warrant in question for twenty-three days without :naking the least intimation of its being wrong, Drought the au ject to his mind at so distant period that, necessarily having so many things to occupy him every mo= ment of tine, be cannot now recal! the circumstances aitend- ing the presentation and payment. suppose there cannot be a doubt tn law or in equisy that whether the warrant in dispute is genuine, or, being a forgery” Bud the fact was kept concealed by the responsivie officer of th "1 of Education, designedly or through neglect, for _guch a period as to ly prevent the detection of the forger and aliow of his escape with the money, that the bank is equally absolved from avy lability arising from ite pay- meut. It is under these circumstances that the clerk of the Board has permitted this transaction to slumber for the betver part of two years. It will be seen that Mr. Palmer contends that if the warrant 1s a forgery the | conceaiment of the fact after It was brought to the attention of the clerk Sper the detection of the offender, tn- sured his eacape and defeated the possibility of tie recovery of the money, and, as between two pubiic oficers, that the one Whose fault really caused tho loss is responstble. One year and eight months of additional delay doubtless adds to the force of this lea. May I not ask your efforts to induce the Board to take definite action in the premises? All that I de- sire is that the question of responsibility shall be de- ckled, so that the city shail not lose the money. ‘This question can C4 be raised by the Board or its oficers, and it ought not to be allowed to be longer = See any aa to bring it to legal lavestigation. Very respectfully, yours, 5 a PETER ik SWEENY, Chamberlain of the city of New York. Another Change=A Damp Day. ‘The proverbial fickleness of the weather was never more fully proven than during the past weeks of the present winter. Frost and springlike miidness, thaw and bitter winds, sunshine and snow, rain and hati, have attenuated with wonderful rapidity, and it has, consequently, been more than usually dif- ficult to come to any conclusion as to what sort of weather would come next. For about @ week past we have been enjoying an unusually splendid term. Although the thermometer varied considerably from day to day, Ing gene- rally between thirty and forty degrees, ‘fe was clear, the sun was bright and tt was pleasant to walk about the com tively clean sireets and side- walks. Yesterday, however, another change took place, and a unpieasant one, too. Jupiter Piu- vialis determined to have a hand in the weather, and undertook to prove his existence by opening his foodgates and pouring down upon suffering mortals a heavy fail of bis coid and d erain, The storm commenced at some hour in the early morning, and at that time the downfall was of a mixed char- acter, the Snow K contesting with the ruler of the ran as to the right of torment the dwellers upon the earth, Snow and rain fell together tor some time, but after awhile the former gave up the contest and leit the fleld in Of the latter. Jupiter Piuvialis made the most it, He did not dispense the tokens of his existence in a niggardly manner, nor did he seem undecided in bis action; bat down came the watery drops, straight an heavy, and without any of letting up, The day ‘was one of the most disagreeable that has been experienced for a long time, and caused no smail amount of ity among those Who Where forced to expose themseives to its mercy. The pave- ments were wet and covered with pools of more or less depth. The gutters assumed the dimensions of little streams. “the streets were full of treacherous water holes; rivulets ran from the housetops, and even awnings kept up a continual dopping. Um- bretias were of litte service; the rain soon soaked them, and mimic showers fell from them upon those who Were trying to gain protection un them. In fact, to use the current phrase, “it was a misera- ble day.” Wet feet, wet coats, wet pantaloons and, in many cases, wet 7, ak Ta and he who could remain within doot enough to venture out into the gloomy streets. Ladies of course sufferred the most. ‘The number out was smail, and they, poor things, looked wre! ly forlorn with thelt ments hanging round forma, all damp and draggied. One ‘be reaped front the stotm for which the public may be thankful, and that 1s the streets will be cleaned of the dirty snow whicn has been allowed to accumulate alongside the tracks, so that if the thaw continnes the thoroush- fares will not be so ditty as they would otherwiso have been. During the later hours of the afternoon the rain consed lor & while, but in the evening it commenced agata and continued all night. Between mine and ten o'clock in the evening the rain storm was accom- panted with vivid lightning ond heavy thunder. ‘rhe Hashes of the former were wonderfully brilliant, and from the quick suceession of the thunder there can be 10 doabt the storm was very near.’ Al that cm be said ts “what m Anything in the shape of wouther will be in or