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

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NEW YORK CITY. NITED STATES CIRCUIT COURT. ‘The Calendar—Postponement of Cases. Before Judge Benedict. ‘The court opened yesterday morning at the usual hour, the room being greatly crowded in anticipation of the immediate trial of some one or other of the own for trial, was called from the calendar. Mr. Courtney, United States District Attorney, Moved the case on for trial. i Mr. Barrett, counsel for the defendant Crary, ap- it of the trial. He ‘this state of facta. Besides all this counsel, Mr. - ton, who had been in all of these suits, 1s now out of town and cannot be here before to-mor- row, and Mr, Stougliton, who came into it later, 18 other court. Counsel him- itness, and in fact had only a dim and floating idea what that evidence was. Under the circum- stances he could not aud would not assume the re- sponsibility to try the case. ‘The Court—As far as this application relates to the counsel in the case it was made on Saturday last. ‘There are four counsel engaged in the case, and the Court then announced that some one of these gen- me trial, but he had not seen nor spoken to a single wi of on. If the arge case from the firet was obliged to leave town that ‘was a question between himself and his client, which mnust not be allowed to interfere with the adminis- tration of justice. As far as the application based on the condition of the defendant’s family goes that aa a question for the District Attorney, and if he (the District Attorney) asks for proof of the condition of the defendant's ery by having witnesses put on the stand to testify thereto you must comply and support your application by testimony. Air. barrett hoped the Court did not include him in the number of the counsel referred w. He had only been retained in the case a few days azo. The Court—There were three counsel in the case at the time of the previous postponement, when the art directed that one or other of them should be ready when the case was next called. Seeing Mr. Barrett in the case, he spoke of four counsel-as en- ed at the present tiie, . Barrett hoped that the District Attorney, un- der the circumsvances of the case, and out of his arena and humanity, would not press the case on rr Mr, Courtney said that counsel laa frankly stated ‘what had passed between them at the interview re- erred to; that Mrs. Crary, the wife of one of the defendants, and who was looked upon by the prose- cation as the principal offender in’ the case, was in such a condition of health ag required the constant attendance of her husband at her home in Orange. He (Mr. Cour ) had also stated to counsel) that in ovember and January Jast, when this case was reseed to trial, the same excuses were made for the postponement of the trial of this indictment. representations and excuses being made to the court the trial was itponed from time to time; and when at last a day. was defi set down for the trial counsel came into court moved to set asidé the indictment on the ground ere Dad a Previous trial aud that the d en eirually acquitted on that trial, If Mrs. Crary was 0 ‘the Court—The question is, ou satisfied that condition of the defendant's wife is not of such # nature that he could not be here? Mr. Courtney—I was making the statement, your Honor, to show that I have no more knowledge of Mrs. Crary’s illaess than I had four months ago, and I shal) therefore certainly require now satisfactory of the fact. So far as I know Mrs. Gt ag in oo same ponaiticay permit these postponement ig a virtual suspension of the trial of the case and a defeat of justice. The Court—Couneel will have to give evidence in support of his application. ir. Barrett then read the certificate of the attend- Ing physician of Mra. Crary, settimg forth that de- fendant’s absence from his home at this time would be extremely di as to his wife’s health. ‘Three witnesses were called to the stand, who tes- tiled to the of Mra. Crary and tothe fact ness that to the best of their know! the defendant Crary had not attended to business, They could Rot positively swear he had not, however. The Court, on the hearing of the test , de- eided that the defendant must attend for whatever day shuuld be fixed; the tacts and circum- stances were not such as should be allowed to inter- pose in the prosecution of these criminal cases. Mr. Barrett thought the public prosecutor would Qot press the prosecution under such circumstances. Bee Donny wren eae Jet the case go off till ‘The Court concurred, and the trial was accordingly set down for Monday next. Forfeiture of the bail of Crary was then taken. fhe Belknap and Blaisdell Alleged Perjury Case—Another Postpenement. The United States vs, A. Belknap, Alvah Blaisdell and Others.—The defendants are indicted for subor- mation of perjury in procuring parties to make and subscribe to aMdavits containing false and ma- Ucions charges against Collector Joshua F. Bailey. Mr. Beebe, counsel for Belknap, moved for fur- ther postponement in this case on account of the continued illness of his client. In conformity with the new rule adopted by the court of insisting upon witnesses being put on the stand to testify in sup- ES of the application he had now severa! witnesses court to testify to the sickness of Mr. Belknap. Mr. Conriney said that he made ular exami- mation of the statute in consequence of these repeated es of postponement, made tn behalf of one defendant only, when there were other defendants tly indicted, and he thought that this case could roceeded with in the absence of the defendant nap, as he had already pleaded personally to the indictment, and he appeared by counsel to answer. Mr. Beebe thén calied Dr. Kissauer, attending Bel- knap, who testified to the iliness of Belknap, and who said that it would en life if brought into court this time, The witness was cross-examined by Mr. Courtney, but adhered to his ‘testi- The Court—It is evident that Belknap cannot be in attendance to-day. What course, Mr. District Attor- do you latend to take? Ir. Cou -—Under the circumstances presented ‘to the Court I wili ask your honor to set down the case for Monday next pecemptoriiy, and that the defendant (Belknap) be notified to appear in person or by counsel. 1 will then ‘This is fair notice to Mr, Belknap, and be must be Poa gto some way to go on. This case has already trified with too much, and I must in- sist that no iurther delay be granted. ‘The case was set down accordingly. ‘The Leipzinger, Beninger and Callaghan Whiskey Case=Still Another Sick Whiskey Man. ‘The defendants are indicted with removing dis- tilled spirits from a distillery to a place other than a bonded warehouse. Mr. Courtney stated to the Court that he was ready to go on with the trial of this case, Mr. Runkle, counsel for the defendant Beninger, moved for a nement of the trial on the ground of the sickness of his client. Cou in su of nus Cry said that Dr. Js wi been in court this morning to testi dition of Mr. Beninger, but was unavoidably pre- vented from attending. He (counsel), however, read @ letter from the doctor stat the facts, ‘The Court said that the rule he had laid down to meet these applications of postponement in criminal triais must be adhered to, and witnesses must be put on the stand. Mr. Courtney then moved the trial of Letpzinger and Callaghan, stating to the Court that as these two de- fendants were present he was determined, if pos- ible, to proceed with tt and get some of these cases to trial, He was afraid if the case as inst ‘Was not proceeded with at once one or other of them between now and to-morrow morning would be seized with an attack of gastric fever, a sudden asthma, gumboils or gout, and, therefore, in very mercy to them, to protect them from such @ calamity, he was anxtous to proceed with the case, These ai tacks of sickness were making the circte of the ring, and the ont: SL’ stay the epidemic from those yet free of the attack was to submit their case to the consideration of twelve men seated in that box. Mr. Runkle renewed his application, assuring the Court that he was not prepared to undertake the defence of the two parties named. Mr. Courtney said he would run the risk of post- ponerment tll Monday next if the Court thought the exonse tirged by counsel was suiicient, ‘The Court-——-What is the indictment ? Mr. Courtney—For pao | rite under seizure, ‘The Court—A case similarto the Dupuy caset Mr. Coortney—Yes, it arose fram that case, ‘The Court tioaght, under the circumstances, connec! was entitled to the postponement, and case was accordingly set down for Monday, Mpread of the Whiskey Fraud Infection=Col. lector O'Callaghan Charged with Violating the Internal Revenne Law. ‘Thomas O'Callaghan, collector of the Ninth district, that the NEW YORK HERALD, FRIDAY, F and —— Ulrich were brought up yesterday morning before Judge Benedict, charged with having, on the ‘latday of January last, aided and abetted in the re- moval of certain spirits from @ distillery between Sixty-f and Sixty-fifth Tenth ave- Bue’ and ‘cousbiring io""ieiroud’ the Uniued Mr. Shea for joodruff for them to bespere for a defence, The Court—Let the accused plead not guilty now and ill be given thetr coungel to withdraw eet Bice ant make fax pubseqnent motion they may: Mr. Shea—Will your Honor fix the bail? I do not, on the part of oe O'Callaghan, ask for any reduction from highest bail required in these Mr. Woodraff said his client was differently situ- ated, and he would ask that the bail in bis case be not fixed at te maximum The Court—Mr, District jy What ia the batt im these cases? ‘The Court the bail Gf O'Callaghan at $10,000 and Ulrich at $5,000, baequentiy Ces Were entered wto and the defendants set at large. ‘The case will cpme up again on Saturday next, called on yesterday morning, but on application of counsel and concurrence of counsel on either side the triat of the case was postponed till the 19tb inst. UNITED STATES OOMMISSIONERS’ COURT—IN BANKRUPTCY. ‘The Alleged Frauds Against the Bankrupt Act. Before Commissioner White. The United States vs, Abraham and James Valk.— ‘This case was proceeded with, and the testimony of the broker who sold the goods alleged to have been fraudulently obtained by the bankrapts was taken. John Blackburn testified that he was a liquor broker and knew the bankrupts; that on the 1st of December he sold to the bankrupts seventy-five barrels of whiskey, of the value of $3,750, at thirty days’ credit. A portion of the quantity was not de- livered until Mons ay evel , the lath day of Decem- ber. ‘The petition flied by the bankrupts in volun- tary bankruptcy was put in evidence, dated Tues- day, the 15th December. The witness testified fur- ther that the bankrupts admitted the goods were re- cefved after the schedule in bankruptcy was pro} wed, At this siage the proceedt were ad- journed untii Monday next. Mr. McKeon and ‘faiman for the creditors, Edwin James and Beebe & Co. for the bankrupts. SUPREME COURT—SPECIAL TERM. Balancing the Sutler’s Accounts‘ Against Public Policy.” Before Judge Sutherland. John W, Van Hook, 0s, Charles N. Perkins et al, During the war the plaintiff agreed to pay, and paid, to the defendant Closs $2,000 bonus on condition that the latter gentleman would obtain for him an appointment as an army sutier, and the appoint- ment was secured. Now the three individuals had three distinct characteristics, —Van Hook was “@ moneyed man,” Closs had less money, but con- siderably more “influence” with certain officials at Washington than Van Hook, and Perkins was a “working man.” After the appointment was ob- tained Van Hook turned it over to Perkins on condi- tion that Perkins should look after the business of the office and should pay Van Hook the $2,000 out of the first profits, but Van Hook clauns that there was a further o> ment that himself, Closs and Perkins should share the profits thereafver to be realized equally. This the ‘two latter gentlemen “couldn’t see,’’ and this suit was brought against them, plaintia praying the court to adjudge the fact of the existence of a part- nership and vo direct that an account of the proits be made by defendants. Judge Sutherland heard suMcient of the case to become impressed with the belief that there was to some extent a copartnership, but that the nature of the contract entered mto—to wit, the bartering and buying of a publiciofficial ition—was contra Nonos mores and the public policy, and the complaint was dismissed, a < SUPREME COURT—CHAMBERS. Decisions Rendered. By Judge Cardozo. Herring et ai. vs. Cummings.—Case may be served in twenty days on payment within two days of ten dollars costs. Pierce et al, vs, Elias Bliss.—Motion denied, with- out costs, with leave to plaintiff to take judgment. John Stewart vs. Charles Main, &c.—Motion de- nied, Seven dollars costs to abide event, Wild vs, Sherwood.—Motion granted and reference ordered, mre, Fake doy 3k Board of Health, vs, Thaddeus Ai. Lane, Justice, éc.—Motion for writ denied, &c. John A. Ward vs, Amelia CO. Ward.—The order for alimony originally made was right and the same order is granted The Same vs. The Same.—Third and fourth sec- tions stricken out, Motion as to the eighth denied. dn the Matter af the Petition of James G. Cochrane, Jor Appointment af Guardian, —Order granted, William Martin vs, Catharine A, Hedges.—Judg- ment ordered. Smith va. Bodine.—Order granted. he ite Transportation Company vs, A.J. Thomp- son et al.—Motion denied; $5 costs, to abide event. Healy vs, Adams.—Vetault opened and cause re- stored to calendar; $10 costs to defendant, to avide event. ° Brown et at vs. Carpenter.—Default opened on ent of ten dollars costs. Judgment and execu- on to stand, &c. Morris vs, Cummiskey.—Referrea to Wm. M. Tweed, Jr. James M, vs. Mechanics’ and Traders’ Na- Boyd tional Bank of New York.—Motion demed; costs to vs. W. E. Smith,.—Motion calel dar and stipulate to try when reached; or if defend- ant elect, case will be referred. Bathgate vs, Bathgate,—Relerence ordered to 1x proper alimony and counsel fee. ——_ ° COURT OF OYER AND TERMINER. George Jones, the Belligerent Burglar, Sent to State Prison tor Twenty Years. Before Judge Barnard. At the vpening of this court yesterday George Jones was placed at the bar for trial upon an Indict- ‘ment charging him with attempted burglary. The prisoner pleaded not guilty. The property at- tempted to be stolen consisted of two overcoats worth seventy-five dollars, one pair of pants worth fifteen dollars and @ pocketbook valned at one doliar, Dr. W. W. Beach, of No. 35 Bond street, testified that about four o’clock the morning of January 22 last he was awakened from sleep by a noise in his bedroom; that he asked “Who ts there?” and saw @ man leaving the room; that he jumped out of bed and the man went into the hallway and oy down stairs; that while the prisoner hall witness saw him very 4 re = cep er was arres he mover ters Signs of tis als and that he found upon him @ quai matches and skeleton keys. It was shown in evidence, on behalfof the prisoner fa haand ned me = i RO ‘le barretled and is right hand “Hefore God’? that he did not fire at the officer. The oMicer’s eo ‘was that Jones bad rel a Barnard then proceeded to pass sentence, and said that he did not consider the evidence as to the prisoner shooting at the officer as sufli¢ient, | therefore Would not be consid all Sear inch aan on oui wi aver than at mnt existed for good je would therefore sentence the prisoner at the bar to the State Prison for the ternr of twenty years. APTER 118 LITTER CURRENCY. James McNamee was tried on an indictment for robbery in the first degree. it appeared that the prisoner, in company with three er persons Who are unknown, knocked down and robbed one James Barry of about nine dollars in money, on the night of January 18, in Mott street, between Lrince and Houston streets, McNamee was sent to Sing Sing for ten years, A TRIO OF SAFE HLOWERS. James Devine, Janes Kdwards and Andrew Wheeler, three “safe blowers,” were tied and son tenced to two years and six months’ Imprisonment each tn the State Prison. ‘They were inc it for , COMmitted ou the premives of Thonmpaon Perkins did 80, + rl W. Decker, 309 Fast Twenty-seventh street, on the 8d of January last, They were detected in leavi ‘the premises about By a te was diacovered, that a safe had been biown open and ‘ten - The petsoners were ed aed reaped missing. pr and some of the coin was in their jou and @ portion was scattered BEAUTY, PATIENTS. to grand larceny. che penser the reai- pp gh ae none ay “wished to seé the Doctor."” The ushered them into the doctor's oftice and went stairs to notify the Doctor that he was wanted. Upon his arrival lenry was the Prison for five years and Henry Hipenson was remanded for sentence. COURT OF GENERAL SESSIONS. . Boyle, alias Francis and Peyton, the Alleged Murderer of the Michigan Sheriff, Sent to the State Prison for Forty Yeare—Interesting History of the Case. x Before Recorder Hackett. The court room was thronged yesterday, there being a number of important causes on the calendar. Assistant District Attorney Hutchings appeared for the prosecution, and before the trial of the case which was continued from yesterday was resumed he caused a noted criminal to be arraigned and dis- posed of without delay. THE MICHIGAN MURDER CASE. As soon as the Grand Jury brought in a batch of indictments Stephen Boyle, alias Edward Francis, alias Edward Barrett, was arraigned. The clerk informed him that he was indicted for committing a felonious assault upon John F. Maloney, an officer of the Fourteenth precinct, on the 1st inst., by fring a pistol at him. The readers of criminal proceedings ‘are already familiar with the circumstances of this case. it will be remembered that officer Maloney, while going round his post m the Bowery, saw two men standing near a jewelry store acting sus- piciously. One oi them (the prisoner) went to the window and returned to his companion, when both of them jumped into a butcha@’s cart and drove away. The ouicer pursued them and caught hold of Boyle’s leg and was dragged about thirty feet, but ‘was compelled to let go. tle continued his pursuit through the Bowery to Second avenue, when Boyle jumped from the cart and ran iato a crowd, the oilicer still pursuing him, The prisoner threatened to shoot officer Maloney, and when prrested a six- barrelled revolver was found upon hisperson. The wagon was subsequently searched and a black bag and bar of iron were found, which showed, beyona peradventure, that a robbery of this jewelry store was skilfully planned. He pieaded gutity to this indictment. The cierk then said, “You have also been indicted under the name of Richard Peyton for a similar offence.” The complaint set forth that on September 10, 1868, while oMicer Tuite, of the Hleventii precinct, was taking a prisoner who was arresied for robbery through Columbia street Peyton attempted to fire at him and thus to rescue his prisoner. In reference to this indictment, it should be staged that he eluded a trial by forfeiting his bail and running away. District Attorney Garvin, upon being informed of this man’s criminal career by Cap- tains Jourdan and Walsh, and learning that he was detained at the police headquarters to be sent from there to Kalamazoo, Mich., where he was charged with murdering the’ Sherif, the District Attorney ordered that this noted criminal should be imme- diately brought before Justice Dowling, who com- ‘mitted him for trial. The complaint wag sent with- out delay to the District Atiorney’s ofid, and the Grand Jury , with commendable promptness, ordeyed abi Assistant District Attorney Hutchings directed the prisoner to be arraigned and said:—May it please your Honor, in this case, the prisoner having pleaded guilty to these two indictments, it i8 proper that 1 should make a few remarks in reference tojt, The newspapers state that tuis man is wanted in Kala- mazoo, Mich., for having, as is alleged, killed the Sherif of the county. Kven if convicted there ot that offence, there being no capital punishment in the State of Michigan, he would simply be imprisoned in the State Prison. As behas coininitted offences in this county which are also visited by punishment in fee — ae Danaea, Lm for the nage of ex- ample to these des; joes, Who appear to be quite numerous in this city—many undcabtedly coming from other places and also some being residents here—he should be sentenced in this court for these offences. Your Honor can inflict aimost as severe a punishment upon pleas to these indictments as could be inflicted in the State of Michigan for hav- ing kilied the Sheriff there. I therefore move that the judgment of the court be pronounced upon him, ‘The Recorder, in passing sentence, said:—A requi- sition has been issued by the Governor of the State of Michigan and there is an officer now here to take in charge the body of this man. It has also coun- tersigned by the late Governor of the State (Gov- ernor Fenton). But this man being in our midst and charged with crune here, I beueve it to be my duty to pronounce judgment upon him for the crimes he committed here, The officer from Michi, is here, and if he has the right to the body of this man I shali*hear an argument on that subject. Boyle, three years ago you were arrested for picking pockets, and you were convicted and sentenced in this court tothe State Prison for five years. You broke jail after two Wind servitude and went out ‘ou tried to assist in breaking jail where you were confined, and you killed the ‘Sheriff, You have since undertaken to kill a Police officer, eight or nine months ago. Your life has been stained with the commission of the gravest of crimes. The sentence of the court is that you be confined in the State Prison for the lod of twenty years on each indictment, making forty years. The utmost silence pervaded the crowded room while this noted criminal was being sent The trial of Charles J. Murdoch, c! with bur- eye entering a room in the Westmoreland tel on the 28th of October, was concluded. The District Attorney moved to have a nolle prosequi entered in the case of Thomas Passmore, the co-de- fendant. Counsel for Murdoch placed him on the stand, and he was subjected to a rigid cross-exami- nation by Mr. open on The jury retired to de- liberate upon their verd! BURGLARY IN A BONDED WAREHOUSE. readied uilty to burglary ia the third derée. they by ru arg! in the egree. ‘They were chat with Trecking into the bonded ware- house 13 Stone street on the might of the 30th of January. The case was very clear, because the of- cers found the prisoners on the nises. The Recorder, in passing sentence, said that this ‘was avery bad case, for he was informed by @ gen- ueman that nearly $100,000 worth of property had been stolen from bonded’ warehouses in the First ward by a gang of burglars. it took the majority of the police of the First ward to arrest the prisoners. They were each sent to the State Prison for tive years, THE CASE OF MURDOCH. At a late hour the jury in the case of Murdoch agreed upon a verdict of guilty, The prisoner denied having anything to do with burglary. Ke- corder Hackett, in poss sentence, said he had no more doubt of his guilt than he had that he was alive. It was time to put a stop to hotel pillaging by a band of men of which the prisoner was one, and as an example to others tm this community he sentenced him to the extreme penalty of the law, which was ten years’ imprisonment in the State Prison. That was the highest sen’ that could be imposed for burglary in the second degree. COURT OF SPECIAL SESSIONS. Beating—Asanult on a Policeman— Larcenies. Before Justices Kelly and Dowling. ‘The calendar in this court yesterday morning was not as full a8 usual, and there were but few cases of interest. Wite WIPE BRATING. Anne Drain, @ quiet, self-possessed woman, ap- Peared against her husband, Patrick, whom she charged with kicking and beating her. Patrick, 10 defence, stated that she kept him constantly in hot water, but Justice Kelly could not accept that nm excuse fox his brutal conduct. , Sentenced to month in the Penitentiary. O'Connor complained that her husband, Martin O'Connor, was in the habit of beating and kicking her unmercifully whenever he got out of temper, which was, unfortunately, very often. She had four children, and supported herseif and them. O'Connor, on being to explain himself, sad that he was reaily the aggrieved party, and that he was the victim of assaults with pots, pans and broomsticks at the hands of his beiligerent spouse. Sentenced to thirty days in the City Prison, By yam, © quiet, looking bot powerfully Bernard F; @ qui buiit man, wes brougin ppce the change of assaui- — one W. Sellick when tn the Sens ol + oe pare, Was, Ro appearance of violapce on the face or head of the injured boy in bine, but Egan’s temple bore unmistakable marks of a severe n giving lis version of the affair Sellick was a counterfeiter and had beon arrested for grand larceny, but when questioned by the Court he was unable to prove what he satd, Justice Dowling remarked on hits attempt to infu- ence «he Court Sales, the prisqner by making state- ments against his character which he could not substant! and administered to Him a severe and meri mand, duatice Kelly sentenced-Ean to one month's im- ee, bat Justice Downe afterwards had the wentence mitigated to ten days in the City Prison. 1k. LARCEN! William Fisher, convicted of stealing a coat from Wan Moras, ‘was sentenced to three months in the nbiary. Marin Sch warts appeared against her son Henry Schwartz, whom she charged with stealing a dso ity of vegetables and a pocketbook containing 40 from her store, The Conrt ordered Henry to give up the greens and nbacks and to let his mother's property alone for ue future. COURT CALENDASS—THIS DAY. Supreme Counr—Omer mday. Pa ba] EBRUARY 5, 1869.—TRIPLE SHEET. F | 5. PBEEEE 3 3 Willa CITY INTELLIGENCE. Tus Waatner YesTexpay.—The following record wil show the changes in the temperature {or the past twenty-four hours, as indicated by the thermo meter at Hudnut’s Broadway, corner of armacy, HERALD Building, Enr'street— Average temperature Wednesday... Rzckiess Drivina.—Yesterday morning 4 little boy, aged thirteen years, named Charles Powers, residing at No. 144 Cherry street, while crossing the street at the corner of James slip and South strect, was run down by @ wagon driven wy, Wiliam who was arrested. The boy was seriously inj about the head and was taken to Bellevue Hospital. THE ANNULAR ECLIPSE OF THE SuN.—There will be an annular eclipse of the sun on the 11th of this month (February, 1869). It will be invisible in this Jatitude, but visible in the southern part of South America, or at points south of latitude twenty de- grees, as at Cobija, Rio Janeiro, Santiago, Monte- video and Cape Horn. The southern portions of Africa and of the Island of Madagascar will also ber eclipsed. The greatest interval during which an eclipse can continue annular is nearly six and one- quarter minutes, ‘Yun BOARD OF ALDERMEN AND THE STREETE.— The Board of Aldermen yesterday concurred with the Board of Assistant Aldermen in adopting a reso- lution that a special committee from each branch of the Common Council be appointed to devise measures to remedy the fearfuliy dirty condition of the city, and if necessary to obtain @ legislative enactment upon the subject; and the president appointed as such cominitiee, upon the part of the Board, Aider- men Cuddy, Ward, O’Brien, Repper and McGrath. AURORA BOREALIS.—At ten minutes to nine o’clock last evening the sky near the northeast horizon began to pe faintly illuminated with a pale green ligt, then suddenty the aurora shone out with great briluancy. From nine to ten o'clock the aurora faded at times, then revived, rivaling its previous magnificence, Portions of the sky were covered with dark clouds, giving a peculiar beauty to the display. The largest space covered was 1,600 square degress, The colors were numerous, the emerald green Fomakany. brilliant; tints of a rosy, red and scarlet hue occasionally were visible. CATHOLIC SUNDAY SCHOOL UNION.—Richard 0’Gor- man will deliver a lecture to-night at Steinway Hall, the financial proceeds of which are to be applied for the benefit of the Catholic Sunday School Unton. The subject of the lecture is}Oities.” ‘The oratorical powers of the speaker, so frequently heard in behalf of the leading charities of New York, wiil no doubt be brought into full power on this occasion, and his hearers will enjoy an intellectual feast and lend a helping hand to a good cause. Tun Lave RoBBERY IN GREENWICH SrREET.—In the report of the late robbery of Mrs, Henrietta Batt- ner, at No. 66 Greenwich street, it was alleged that Frank Keenan was an accomplice with two other men, who are now on bail of $2,000 and awaiung trial for the offence. When Mrs. Keenan was brought face to face with the complainant yesterday she positively asserted that he Was not the person who assisted the robbers. Honor TO WHom Honor Is Dvue.—Since the reve- lations were made concerning the character of the man who was arrested the other day after he nad fired upon his pursuers from @ butcher cart in which he attempted to make his escape, it has turned out that roandsman Maloney was not the only person who deserves credit for the capture of the villain. Patrolman P. H. Doran, of the Fourteenth precinct, was at his post when the cart drove by, and, suspecting how mattera stood, joined In the chase, and was far in advance of Maloney when the shot was firedat them. Doran reached the cart first and seized hold of the horse's hi just when the Toundsmanr discovered the thier in the crowd that had gathered about. The prisoner was then marched to the station house by both Maloney and Doran. While the roundsman is worthy of all praise for his conduct on the occasion there is no reason wi! equal credit should not be given Doran, even thoug! he ts a patrolman. The higher police officials in certain precincts have a very nice way in putting themselves forward at the expense of their subordi- nates, which is not exactly the fair thing by any means, ECLECTIO MEDICAL COLLEGE OF THE CITy OF NEw York.—The commencement exercises of the fourth session of the Eclectic Medical College of the city of New York were held at 223 West Twenty-sixth street last evening. The ah were opened with prayer by Rev. D. a Lee, D. D., the the session was read by Prof. Paul W. M. D., and an address was by Prof, Robert 8. Newton, M. D. The degree of Medicinal Doctor was then upon seven [igen of the college, as follows:—Mrs. Hannah Archer and Measrs. Archer, Berry, Linguist, Mil- ler, Star and Sweet, by the President of the faculty, Dr. Alexander Wilder. The valedictory addresses by Homer L. Sweet, M. D., followed, and a brief charge to the juates was delivered b; Professor Edwin man, M. D., after the meeting was dismissed, Twenty-seven students have been matriculated in this institution during the past session, six of whom were physicians have been educated during the four sessions that the college has been in existence. The next course of ¢! lectures will commence on Tuesday, the 9th inst, and continue fourteen weeks. ‘Tue GynMan Soctrty.—The new Board of Direc- tors of the German Society, elected at the annual meeting of the society recently, met yesterday at their office m Bowling Green for the pur- of | organizing Mr Philip ger Messrs. 5! Windmneller, Vice Weate lach and B. in, Secretaries, C. Buck, Treasurer. The Finance Committee, the a Committee and the Relief Committee were. appol 1. From the agents’ repot whole number of Imm ") at this January, 1869, amount to 56,734, 3,154 were (er- mans. During the year. The whole number of Germans led at this port as 2,200; in 1867, 3,901; in 1866, 6,585; in 1805, The nancial report:— Balance on hand January 1, 1869, $10,600; for diplomas, int &c., $370; total, $10,! iX- penses, $1,522; lea’ @ balance of $9,448. The assets of the society, composed of the Astor fund, the general fund, the new extra fund and tho Ludwig funds, amount to $36,000. About a dozen new members were elected. COMMISSIONERS OF PUBLIC CHARITIES AND CORREC- TION.—This Board me; yesterday—present, President Bowen, Messrs. Beli, Brennan and Nicholson. The minutes of the previous meeting were read and ap- proved. Forty-eight requisitions from the different departments were acted upon. Drs. V. Harvard, F. M. Deems, D. ¥. Unger and he Hewes re- ed for duty Jan 23 a8 assistant physicians at ue Infants’ Hospital, proposal of Join T. Bar- nard & Sons to supply and deliver to outdoor poor 1,000 tons of mal at = ss and ninety cents per ton was accep’ he Warden of the Penitentiary fotified the Commissioners of the mfertor quality pf fresh beef the was notified. Mr. Bicker was appointed teacher of the Industrial School on Hart’s Isiand at @ salary pf Mity doliars a month and board. The proposal A. G. Brush to felt the ‘steam pipes tn the Infarts’ Hospital for the «um of fifty-five dollars was accepted. ‘The ton Dr. R. S. Tracy, as Metical Inspector prison, and the pu resignat of ol Bellevue Hospital, was accepted., The following resointion Pearce test Dt Austin Bint, 27, be hereby Appointed A member or the eal Board gy Hos- pial to Ai the sacaney ocelstoned by the resignation of jobn ©. Greene, M. D. Dr. W. If, Johnston was appointed Medical Direc- tor it bg de) rh ana Wee Dr. KR. S. Tracy, re- signed. Mra. Maginn Was appomited matron of the ineustrial school on Wards land, Josiua Vhilips, secretary, re} to Jahes Brown, president of the Boal that he Nad received $9,208 32 trom January 24 to February 4, Ynich he had paid over to George By Gilbert, casing, After disposing of a voluminous mass of routine business, enurely wnin- terestin,s in ita nature, the’ adjourned. Tas AMBRICAN INSTITOT.—The anual meeting of the American Lnstita® was held at room 24 Cooper Building last etening. The President, Horace Greeley, was in ttychair. The minutes of the last session of the fnitimte were read and Lig proved. Several reports Were read and approved. The report of the Comm on Finance stated there Were 9,246 volumes In the institute lorery. ‘The Comnatttee on Mem! ip reported the names of A nurmber of gentlemen, ¥io were elected mem- bers of the socrety, The andual report of the Board of ‘Trustees states that the Jnances of the mstitute are It @ flourghing eoaeatny yd surplus having: een in In governmen| da during the past The trustees recommend that the insti take some further action in reference he sale of property on tie corner roalway and Leonard street. ‘They report {we societies under the direction of the institute 1 an energetic and efficient conuttion, and make favor- able mention of the workings of the Farmers’ Club, Association and Photographie Section the 4 . The scieniiiic lectures and ra a the commnittes an » have ‘temnonstrated when by competent teachers trated with experiments and 4 E z tractive diagrams, command attention and cannes MA to ohana They mente that it has during with the ‘ool Manufacturers beneficent influence. lore reco! continued ap exhibition is recommended power. ‘The institute then adjourned. POLICE INTELLIGENCE. ATTEMPT TO OBTAIN GooDs ON 4 FORGED ORDER.— Yesterday afternoon a young man giving his name as Charles Newman called upon Wm. A. Crawford, clerk in the store of Mr. James C. Howard, No. 26 Cortlandt street, and presented an order purporting to have been drawn by George Brown, No. 48 Catha- rine street, for twenty-five pairs of balmoral morocco shoes. Mr. Crawford, suspecting the order to bea forgery, detained Newman and caused his arrest by an Officer of the Twenty-seventh precinct. It subse- qnently appeared that the order had not been drawn by Mr. Brown, and he knew nothing whatever con- cerping it; consequently it was a forgery. Newman was taken before Justice Dowling and committed to the Tombs for trial, The accused is a German, twenty-three years of age, lives in Delancey street and is a tat'or by trade. He pleaded not guiity. Tue LATE FELONIOUS ASSAULT IN THE E1cnTH Wakb.—Officer Raynor, of the Eighth precinct, ap- peared before Justice Dodge, at Jefferson Market Court, yesterday, in company with James Lang, of No, 28 Laurens street, one of the colored men as- saulted by Henry Starr, also colored, with a large cheese knife, at the intersection of Laurens and Broome streets, on Sunday ig. the facts of which have already appeared in the likRALD. Lang, who was released from Kellevue Hospital on Wednes- day night, is still suifering from the wound in his arm, which he will no doubt lose the use of. He pre- ferred a complaint of felonious assault it Pietra ae —— phone = hss nthowd a {ful gash on the cheek, laying it open e bone, and having the end of his nose cut entirely off, is stil! confined in Bellevue Hospital, unconscious, although a certificate from the House Surgeon states he fs tn no immediate danger, will also prefer an ad- ditional complawt of feloniousfassault as goon as he is able to appear at court. Starr, upon tus formal examination, stated he was twenty-geven years of age, anative of Yonkers, residing in this city, by occupation a cook, and not guilty of the charge pre- ferred against him, alleging he was- acting in self defense. He was, however, held, in defanit of $200 bail, to answer the complaint preferred by James Lang, and also, ine defanit of $3,000 bail, to answer the charge preferred by offer Gaynor on behalf of Samuel, A large piece of flesh, nearly two inches in length and one in width, was found by Captain Mills on the pavement near where the affray occurred on the Tollowing morning, and is sup- pysed to have been cut from the cheek of Samuel. THE RECENT ROBBERIES. ‘The Influence That is Possessed by Thieves— Attempt Upon Police Headquarters. The murderers, thieves and swindlers of the city, emboldened by their successes in the past in eluding the police, are gradually working up towards the headquarters of the chief of the police force. A few days ago they committed a bold and dastardly bur- giary almost within five minutes’ walk of Superin- tendent Kennedy's office—at the office of the Calvary Cemetery—and got away with $10,000 as the sum total of their night's work. On Tuesday night they attempted what, for bold- ness and cool impudence, has no purallel. The readers of the HERALD will recollect that on Tues- day the butcher cart robber who was arrested on M night by ofticer Maloney, of the Fourteeath rhe had fred upon him and a brother ofticer named Doran, was recognized by detective asthe notorious desperado Stephen Boyle, who killed Sheriff Orcutt, of Kalamazoo, Michigan, has ited more in 1867, and probably comunit crimes t and broken out of more jails than any against acciet ef in the Cnited States. The fellow’s character for desperation having been established, it was deemed advisable to remove him to the Centra! Office for safe keeping. His incarceration attracted thither sev tic wi to be much chagrined at Ne’s confinement, and anxious inquiries concerning the health of their incarcerated and the friend evidence against iim. Later oid Dilks they did not de- rive much fort, for that officer, immediately on discovering that the prisoner ited Michigan for murder, telegra} ceived an answer that tl once with requisition for Boyle’s surrender. About eleven o'clock on the same night ( suspiciously acting men. T! created sane considerable excitement, and at first it was that the as intruders coutem- tectit the keys of the prison and the release of the mur- derer. The Inspector mumediately ordered in two three a of the Broadway squad, ‘an emergency, as also di detectives Nevins and Vaughan and son. The detectives watched tn the all night, but no attempt was made by the raffians without to carry their intentions into execution. It is believed that they observed the Broudw: reinforcing the guard, and, seeing inten- tions were divined, decided that it would not be safe to — so bold an undertaking. Had it not been for ance of the turnkey and the detec- tives the pubilc next morning would have been re- galed at breakfast with the particulars of the storm- ingot No. 300 Mulberry street and rescue of a murderer from the authorities, NEW YORK STATE MEDICAL SOCETY. ‘The Medical Society of the State of New York commenced its annnal meeting on Tuesday iast in the Common Council Chamber, Albany, J. V. P. Quackenbush, President, in the chair. The annual address was read and referred to a committee, The Business Committee reported that Dr, Rogers, of New York, who was not a ber of the society, po Soe dy the “Uses and Abuses of Quinine,” which would occupy about four hours in readit The was referred to a committee. Dr. Al then read a on “Spon. taneous Lythotomy,”’ in which he gave an account of anextremely rare case of the exclusion of a large calculus or gravel from the bladder thronga a fistular Opening near the grom, without medical . The gravel or stone, which is as large as & ee ‘was exhibited to the society. ‘The Sectety. present, was exhibited to tie was . Dr. March stated that it was the only case bef ne dg hd find on record. , delegate from the Masenchuse: after the exsection. Dr. Corliaa stated that the case reported by him Taat year of an ration performed by him for ovarian dropsy through the regina had proved i successful, entirely , the patent having fully re- ‘ered, Or White, of Buffalo, related an operation per- formed by him for ovarian tumor by tapping throught the regina, witch - ee successful, and spoke ta favor of uvario’ '. Dr, Bozeman, of New read a lengthy paper on “Vesteo-vaginal Mistula,’” and exhibited some lun- proved instruments for operations in such cases, THE ALLEGED PACIFIC RAILROAD EMBEZZLEMENT CASE. ‘Assistant District Attorney Tweed appeared be- fore Justice Dowling yesterday at the Tombs Police Court and moved that the farther examination of the parties alleged to have been defrauded. by the Pacific Raitroad Company of first mortgage bonda be postponed until to-day at one o'clock. The mo- tion was allowed. Cann yuolt We THOMAS HAIN: 8 Eprror or THR HeRALDi Ty to myself I beg leave to refer to a police statoment in your paper of this date about a delivery of Union Pactile Railroad Company's bonds at my oMmce. In the course of business | have frequently loanea money to Moser. Waterheuge, Pearl & Co,, in New street, of this city, and ou the itl ult, | loaned them $100,000, In tivo checks for $50,000 each, payable to their order, receiving from them af same time as collateral $120,000 of Union Pacific Railroad bonds, ‘The loan was patd off @ few days thereafter and the bonds surrendered. No other party was known to me in making this Joan but the above firm, Niw Youn eb. 3, 1000" SUAS BAKIN, Ever since the larceny of $150,000 in bonds and other securities from the safe in the office of Messrs. Cambreieng & Pyne, No. 14 Wall street,on the tral Office, have been in search, of the thieves, and eventually succeeded in arresting Johm Dobbs, one of the two men concerned in the with the view of furthering the endstof justice, jtted to hold the prisoner in his charge til) when he arraigned hum before Justice Dow~ af the for examination. Mr, eae Peet uees forth that on the 1st of January two bo tain« ing a number of United States and raliroid bond, SORES. bm! peesinton ae securities of various kinds, in amount i i 3 i Eee Follo' deposition of Mr. Nettleton waa the affida: Jourdan, setting forth im- portant facts connected with the arrest and confes« sion of the prisoner, a copy of which will be found below:— DEPOSITION OF CAPTAIN JOURDAN, John Jourdan, of the Sixth precinct police, bei ps! sworn, deposes and says:—That on the 24th of January he arrested John Dobbs on suspicion being connected with the larceny of bonds and secu- the of same, but on deponent pressing him he ly stated that the said larceny was committed by one George Ki himself, and that he (Dobbs) was to res and ceive the sum of $5,000 as his share of the the said larceny, but instead of that amount the King gave the said Dobbs the sum of $1,00Qand & number of securities and bonds which answer the ‘iption of part of those stolen from the office of Cambreleng & Pyne; that the description of the said securities, and which was given to deponent by the said Dobbs, are as follows:—One $10,000 five-twenty = 10,854); six $1,000 five-twenty bonds (Nos, 21,544, '8,900, 8,901, 2,846, 2,12, 7,479); three $500 registered pomds (Nos. 6,051, and 754); two $100 oe registered bon $63) ; One $50 ten-forty i ids ( tered bond (No.' 862 and 95); all which bonds are the same as are detailed and specified in the printed schedule hereto, annexed and marked with a ot ee he also gav' to deponent the two Pacific Rail bonds (Noss 16,197 and 16,198) which deponent has in his posses- gion, and which the said Dobbs stated were stolen at the same time from said office. ‘The affidavits being read to the prisoner, Justice Dowling ‘asked him what he had to say, when Mr. Wn. F. Howe, who appeared as bis counsel, said:— “The prisoner at this time will make ao extended statement, but admit the truth of the aMdavits. Ho has been and is still anxious to give information to pies, Jourdan tending to further the ends of justice.’ ‘ Dobbs was then formally examined; he is twenty- three years of age, a native of this city and lives ad No. 9 James sifp. in relation to the charge preferred against him the prisoner made the following STATEMENT? The affidavits which have been read are correct, and that { have given every facility in if —, to aid the compiainants in the recovery of their pros perty and the arrest of the concoctor of the robbery, througi the tstrumentality of tain Jourdan. ba the advice of my counsel I say 1 am not ity. whe magistrate then announced his determination of committing Dobbs to prison without bali, and said he would forthwith send the papers in the case before the Grand Jury for their action. ‘The means used by the thieves to .reach the safe, which they so successfully lered, are not ‘seb forth in the affidavits; but it will be remembered that three or four doors leading to the inner office of the firm were opened by means of skeleton keys, and after reaching the safe containing the treasure, that also was opened with false keys. The search for King, the prisoner's confederate in the robbery, is still continued by Captain Jourdan and the other officers concerned in working up the case. ' ‘THE NEW STEAMSHIP DONAD. . The New Vessel of the North German Lioyd’s Company—Her Dimensions, Appointments, &c—List of Her Officers. ‘The new steamship Donau, belonging to the North German Lloyd's Steamship Company, which arrived: at this port on Sunday, is now lying at the dock of the company at Hoboken, and discharging her cargo, The Donau 1s one of the finest steamships of the line, and is very complete in all her fittings and appoint- ments, She is iron, of full brig rig, and was built by, the Messrs, Caird & Co., of Greenock, last year, being, launched in the month of October last. She has @ length of keel and fore rake of 1s 40 feet in breadth of beam and E between the first and second being seven feet, and that between second and third being also seven feet, clear of beams. Her tonnage 1s 2,620 tons, mea- very ervoms large and airy, fitted up with maple wood and mar- ye ‘op reeperencs and contain all the convemences a The second class saloon is also large and comfort- able, pate much from that described, save in the quality of the fittmgs. The steerage ts more than usually large and is more convenient than in m: of the ships that enter this A large num- mot ter Closets and rooms have been pro- vided, and these are of more large d- giving more room cooking apparatus is very per- fect, that (or the stcerage passengers being worked by steam oniy. Life belts are provided for every passenger; in every stateroom there are and over the bunks ia the steerage some hundreds are in such a manner as to be casy of access. On deck there ts a chart house, where the captatu and first officer can repatr to consult their charts Instead of running below, eee, the case, The Dosau in fact, nt up with all the recent improvements naval architecture, and is a re- markably well fintshed-and handsomly appotated vessel. sho has already orse herself possessed of rare seagoing qualities. During the recent fa she made the passage from Southampton in twelve days, without any damage or even danzer. following: is @ list of oificers:—Captain, George Ernst; First OMecer, G. Reichmann; Second Omcer, F. Bulow; ‘Third OMeer, O. Kuhne; Fourth OMcer, H. Werther; Chief Begineer, W. Zucker; Second Engiaeer, C. Gravenhorst; Third Hugineer, W. Hoburg; Bngineer, . ‘Reimers. Tie CONDI. OTANI, pen ‘the Philadelphia Ledger, Feb. %) Ge Faton, under sentence of death, and to executed on the 25th inst., occupies the condemned cell usually appropriated to convicted ‘The last occupants of the apartment were Propat and Winnemore. Stnce the reception of co rans Haton has been fy and com it being: Lap Governor a time to prepare death, three weeks. deere other oy Kiminister also i ry ol r. ‘us haa soime conversation in Togurd to 1) death, but does not yet fully realize 3 ih; numbered and that to ft him for the final Soging goes in hig career, Shot Geomeae eanbaenae, soon demoed ceil’ by Eaton, George 8. ma genent on the thud corridor, After the on Saturday wnt to his felinany and fe: suont” Ewe, hosts we} ven! bitterly. Wetaer ants hus coal ain copy aemea: later bis ks to thos of the nbeapere bad who had beea kind to Sarina

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