The New York Herald Newspaper, February 21, 1869, Page 4

4 ~NEW YORK CITY THE COURTS. UNITED STATES Ci2.CUIT COURT The Meifeury Case. Kefore Judge Benedict, The United States vs, J. D, McHenry.—The detenad- ant was tried for perjury tn relation to the charges of fraud against Commissioner Rollins and Deputy Commissioner Harland, The jury retired to delibe- rate upou their verdict on Friday last; at about two o’ciock yesterday afternoon, not having agreed upon a verdict, they were sent for by Judge Benedict. Judge Benedics thea said that the importance of this case was such that he conceived it to be his duty to keep the jury together Ull they should have agreed to a verdict. He was satisfied that in justice to the case itself and to the jury themselves this course was necessary. He regretied the inconve- nience that might be caused to them fn thei busi- ness, bub lus judgmeat was clear upon the point, Phe court would be open Ul ten o'clock last evening, at which time he would again see them, and in the event of their not having agree? upon a verdict the secessary arrangements tor communicating with hem would be made until Monday morniug. Phe foreman of the jury then said there was no chanco of a agreement. - Judge Benedict said he conccived his judgment to be clear. ‘The jury then retired, eld protested against the jury being coerced before Judge Kenedic ed that counsel, making such a sia ni, should have acquainted himself with tt Phe court was willing to as- sume all the responsibility, The jory hac been in deliberation twenty-four hours when re d, and, ailer tle above remarks by the court, im retired, A Swarm of Counterfelters and Perjurers Soas tenced to Lusprisonment. Hefore Judge Benedict. Judge Bene lict having fixed yesterday for the sentencing of a number of prisouers convicted at the present term of the court the parties were brought up from Ludlow Street Jad. The first called was James McLaugh’in alias Jon H, #uller—The pri- soner was convicted of perjury in making a false aMidavit charging Mr. Joshua I’, Batley, collector of the Fourth district, with malfeasance im office. Sentenced to five years’ imprisonment in the Peai- tentiary at Aloany. Harrison Shaw allas John Lemartine—Convicted of @ similar offence under similar circumstances, Same sentence. Charles Harper and Joseph f1. Reed—Convicted of having in possession and passing counterfe:t one dollar bilis, were senienced, Harper to six years’ im- risonmext in the Albany Penitentiary and Reed to four years’ imprisonment with hard labor in the Kings County Penitentiary. Literio Moriette, an [talian—Convicted of having counterfeit currency in his possession, was sen- tenced to four years’ imprisonwent with hard labor du the Albany Penitentiary. orabeto, also an Italian—Convicted of nterteit currency in ls possession, was three years’ imprisonment with hard labor in the Albany,Penitentiary, James Carr—Also convicted of having counterfeit currency 10 bis possession and passing counterfeits, Sentenced to three years’ hard lavor in the Kings County Penitentiary. George Meyers, having counterfeit five dollar Treasury notes in his possession, to pay a fine of $250 and to stand committed unul it is paid. In the case of Daniel Coffee, charged with havin; counterfeit money in his possession, in view of miti- gating circumstances sentence was suspended. Joseph Barnabo. deating in counterteit fractional currency (naving given important information), onl: three months’ imprisonment in Kings County Peni- tentlary and to pay a fine of one dollar. UNITED STATES MARSHAL'S OFFICE, Pardon of John H. Eagan Henry. Marshal Murray has received pardons for Join H. Kagan and Nicholas Henry, both of whom were con- victed at the November term of the District Court of defrauding the United States by making false and fraudulent papers for the obtainment of bounty money and back pay, Eagan was sentenced to three years’ tmprison- ent at hard labor in the Albany Penitentiary, ana lenry to thirteen months at hard labor in the same Penitentiary. It was represented to the President that there ‘were many initiating circumstances in both cases, A petition for n'a pardon was signed by Governor John T. Hoffinan, Richard O'Gorman, Owen ‘W. Brenuan, District Attoruey Courtney and Con gressman John Fox. A petition for Heary’s pardon was signe’ by Dis- trict Attorney Courtney, Congressman Johu A, Grts- ‘wold and Judge William C. Barreti. SUPERIOR COUAT—SPECIAL TEAM. A Heavy Squabble Over a $300,000 Estate A Sait for Libel the Result—Queer Allega- tiens and Denials. Before Judge Freedman. D. 0. Birdsall vs. John Livingston.—This is a suit brought for libel. The circumstances being rather Peculiar, the matter came beiore this court yester- day on @ motion to vacate an order of arrest granted against the defendant. The complaint charges that a certain jetter by the defendant on the 27th of No- vember last to one Wm. Winter, and addressed to him “private,” and to be delivered personally, was false, malicious and libellous. It appears that the defendant, Livingston, is a brother-in-law to Winter, and that the plaintif, Birdsall, is the trustee and at- torney of the estate of sald Winier. ‘The letter re- ferred to informed Winter that he had been plun- dered to the extent of nearly $10,000" by Birdsall; that Winter was ‘in dangerous hands; that ‘ Bird- Sail is one of the worst of men,” and urged Winter, “if he valued his life,’ to “fy"* from the residence of some reiatives of the plaintiff at Tarrytown, where Birdsall nad obtained for him accommodation. A postscript to the letter advised Winter as foliows:— ‘Birdsall has been indicted, and will use your money o keep himself out of the State Prison. Mt he can.” It appears that William Winter is we son of Gabriel Winter, deceased, in his liietime a lawyer of this city, ON aoa reputation and tinmense wealth. Gavriel di in 1804, leavu property valued at avout $200,000 to William, his son, and two grandcaildren, Livingston claims that ' this roperty has now increased in valine to about 300,000, aii tat che annual rental of the property 1M this City is $20,860, and of the property in Flash. ing, L. 1., $4,200; that from 1830 up to 1302 Waillam Winter was treated as @ person of unsound mind, and recites niierous actions of Winter to support his theory, among overs that he was the “putt” and object of derision of the boys of the village of Flushing when he resided the that he would barter Property of value for absolutely worthiess trinkets; that he would do any absurd thing which other persons would instruct him todo; that his room Was @ perfect museum of old hats, boots, boxes, papers, toys, &c., which he collected at vari ous times; that on’one occasion he bartered a vaiu- able accordeon for & brass ring, aud on another went home and kicked the tea tabie over, because some boys in the Vilage advised him #0 to and Nicholas do; that he was an object of sport and derision to “even the vegroes’’ of the village, and would ulgar aud obscene songs in public places und the hotels; that le was in the habit of supe larly to selections irom “iiamlet” and that bis janguage and havits were so di asting, obscene and Ulthy that he was not permitted to par- take of meals with the members of his family, but m the kitchen, and that he also wrote certain scraps of incoherent poetry and rose, printed copies of which were sutmaitted to the Soure and which were of the most shockingly dis- gusting, bestial and sensual nature. ‘The pluintift, after setting out the libellous letter referred to, claims that “Liviigston has stace that dave continued to write false, malicious and libellous letters Lo nuImerous persons Whom he names, residing in the counties of Westchester and CCange, concern- ing said piainud, and alieges in bia anidavit that Livingston bas tried through perjury, subornation of perjury aud other means to obtain possession of the estate of William Winter; first, by a proceeding de ust him, commenced by which said Win- lunatico inguirento and conciuded in 186% ter was unanimonsly declared to be of sound mind, and such nding was affirmed by the Supreme Court; second, by inducing him tomake a trust deed of tus property to de- nent (Birdsall) under a positive assurance that if he would do so, he, bivingston, would never again troubie hin in any manuer, and, after such tr was made he {dvingston) corruptly and wickedly attempted to bride this deponent to sur- render sai trust to him for a large money cousider- ation, which was spurned by weponent; third, by instituting proceedings to remove this deponent as such trutece in tae spring of 1864, which said pro- ceedings were carried to the Court of Appeals in 1965, and by that court unanimousiy decided in favor of this deponeat and said Winter, and at said Livinston, who was compelled to and did pay ‘The costa of such proceeding; aod, lastly, by this attempt, through publishing false aud wicked and malicious \ibeis, to induce said Winter and others to believe that this deponent was and is a wicked, designing and dishovest man.” Birdsall further claims that Livingston las impeded and embarrassed the payinent of taxeson the estate of said Win- ter, and (lal heavy interest had accrued by reason of such dey; that for six years past Winter has had full convrol of his ,own acti ex i+ tures, dress, &c.; that he nfs always self properly, and is @ man of sane mind. William Winter, in his aMdavit, says he has no knowledge of some of the averments made in an amdayvit by John Hurley, December 26, 1 but denies thar deponent (Winter), as stated in such am. davit ts of unsound mind; and he also denies that be (Winter) was ever removed to any place by ni persons Whatever, “but he solemnly swears that of his actions—except wherein he has been con- atvained in those actiuns by the vilianous conduct of Joka LAvuaysvon, WhO has continuously ‘NEW YORK HERALD, SUNDAY, FEBRUARY 2), 1869.-TRIPLE SHEET. this both in the law and out of the law, hon +—have been of his own vaiition nad Rim out any interference by any pprson;"’ also, iia November 19, 1868, while Uepbnent was im his bed- | reom, he heard a rap on his door, and upon opening | the door he saw the bloated and to him disgustng countenance of his ancient and untiring persecutor, | dohu Livingston, standing in front thereot, aud de- panect, witout speaking to his, shut the door in is Jace and locked it,” The alidavil then goes on fo recite that depot eoniidence in the ability, integrity a pe papas, &C., and Closes 28 101101 further says that he isa graduate of Columbia Col- lege in Uns city; that he subsequently scudied the legal profession and was regularly acinitted as @ member of the bar, and he has personally Prepared this aifidavit for the purpose of comradicting the divers faehooods, fwbrications aud wilfal misrepresentations of the said Jobn Liv- ingston, and his hirelings, whom deponent believes to have been suborned by him to swear to the un- truthful statements herein above reterred tu,” ‘The afidavits of John Henley, a clerk in the em- ploy of Mr, Livingston, gives the particulars of the writing of the letter referred to, and of a trip to Tarrytowa in search of Mr, Winter, whom taey found occupying the garret of the residence of a Mr. Condon, and locked in; that he was in a state of poverty and Was the object of sympathy among the residents of the locality, who looked upon him and spoke of him a3 a demented person; taat at rhe interview with Winter, to which Winter reters in bis afiidavit, Winter requested that Livingston would write what he had to say on the subject of the cor- rupt motives and actions of Mr. sirdsa'l, and that he (Winter) would read it if it occupied titty pages of paper; that Winter wlso requested that the jeiter when sent should be murked “private” and deliver- able co tim “personally,” as the family with whom he was realdiug, and who were relatives of Mr. Birdsall, were in the nabit of reading his letters at the Post Office, and opening them; that this conversation took — phige with the door closed, deponent and Livingston betng in the halior lobby aud Winter in lls garret room, and that Lav! ton when leaving the place iogeedee to the Post Oitice and hired box “No. 223” for the space of one year for the use of said Winier. ‘fhe letier referred to was deposited in that box, and Mr. Birdsall alleges that was voluntarily given to him by Winter to aid him ia this suit. Mr. Livingston strenuously avers in his defence that the averments in regard to the corrupt dealings of the plaintiff ure true; but claims that the lecer oe to be hbellous was a privileged communi- cation. ‘The case occupied nearly the whole day before the court, and at tae close of the argument on the mo- tion to discharge the order of arrest, the Court took the papers, reserving its decision, For the piaintiif, Ira Shafer; for the defendant, ex-Judge Edmonds. FIFTH DBTRICT COURT. Before Judge Loew. Dand Abrahams vs, Caroline Gould and Sarah Ormsby.—This was a proceeding to recover the possession of premises No, 264 East Broadway, by reason of the non-payment of one-quarter’s rent, amounting to $500. It seems that one Mulligan rented the house in question to the defendants for one year from Ist May last, at $2,000. Subsequently he sold the premises, together with other property in the rear and fronting on Division street, to the plaintif. Abrahams then erected a building on the Division street lot, and in doing so made use of about ten fect of the rear part of the yard of the douse occupied by the defendants, thus ieaving the yard about thirty feet in depti. The defendants claimed that this act on the part of the landlord dark- ened their back parlor and basement, by reason of which some of their boarders left them, and also caused them other annoyance which, in law, amounted to an eviction, and that they were, there- fore, exonerated from paying any rent until the ten feet in question were restored to them. The plain- tii’s counsel insisted that the defendants were not entitled to the yard at all, inasmuch as by the terms of their lease only the “house” was let to them, and that at any rate this matter of eviction was res adjudicate, as the defendants had put that plea in bar of a recovery for the previous quarter's rent in a proceeding heretofore had before another magis- trate, who decided against them. Decision reserved. Samuel Hirsch for the tandignd; for the tenants, ex- City Judge Russel. SIXTH DISTRICT CiviL COURT. Landlord and Tenant. Before Judge Lane. Smyne vs, Carey.—This was a special proceeding tried before ajury and brought by Mrs. Fanny A Smythe against Mrs. Susan Carey to require her to show cause why Mrs. Smythe should not have pos- session of the furnished premises 139 East Twenty- first street,occupled by the:defendant, by reason of her default in payimg $450 rent in advance for the present month. The defendant denied that the rent was to be paid in advance, the agreement being that It was to be paid in monthly instalments, One of the points raised by the defence was that no revenue stamp was put on the agreement, but the Court overruled it, hold- sng that it was not necessary. The defendant proved that there was @ subsequent verbal ment be- tweetl herself and the piaintii, by which it was agreed that the rent should be paid in instalments as she received it from her boarders. The Court charged the jury that the law was very jealous of ever vary- ing or in any Way modifying a written and especially @ sealed contract by # verbal one, aud a verdict was returtied for platutut. What Constitutes a Jery—! of Judge Tai The Metropolitan Board of Health vs. James W. Ranney.—This is an action to recover a penalty for $250, pursuant to the provisions of chapter seventy- four of the laws of 1866, entitled “An act to create a Metropolitan Sanitary District and Board of Health therein for the preservation of life and health and to prevent the spread of disease,” and of chapter 686 thereof. ‘The defendant, upon joining issue, in compliance with section thirty-four of the act commonly known as “the District Court act,” entitled ‘An act to re- duce the several acts relating to the District Courts in the city of New York into one act,” passed April 16, 1867, demanded that the cause should be tried by a jury and in other respects conformed to the provisions of the same. ‘The cause was thereupon set down for trial and adjourned from tine to time until December 4, 1868, When, a jury having been duly summoned and appearing on that day, the | ig signified their readiness to proceed to trial. ‘he names of the jurors were then called from the “venire,” and six of said jurors answered and no personal oojection was made to any of them by the couse! for plaintifs or defendant. The Court was then about to proceed to administer the usual form of oath to the jury? whea the counsel for the defendant objected, claiming that there was a@ clear might, under revisions of the constitu. tion of the State of N ork, to @ jury of tweive meu. and that any less number did not, and never did, covstitute a y unless waived. The plaintit’s counsel frst refused to proceed more than six jurors, contending that the Distriet Court act before referred to itmited the number of jurors for the trtal of a cause in @ district court to six, and that there was no power in the Court to empa: (han that number; but upon defendani’s cow “ sisting upon the fall number of tweive he withdrew the objection and offered to proceed, provided that number was present and could be empaneliod. It also appeared from the “venire” that sixteen jury inen haa heen day summoned, aud that oat of th at least twelve or thirteen were In attendance. ‘The first question vo be determined is the power of this Court Ww ¢ anel tore itan the six jorymen pre- seribed by section thirty-four of ihe act referred to. courts of this city are creatures nent (Winter) has ull and entire 1 honcstyot *‘Depoasnt jeresting Opi and their modes of pre the lauguage of the act or t Legislature. Section thirty in its provisions. It provid d exphiett “that the clerk must publicly’ draw twelve persons from the undrawn jury box,” &ce. and fron these tweive — persons, mn duly sumimoned and when they appear, ‘six of th pertons attending shall be drawn to try the cause.” There iw no provision Whatever for auy more, either in this or any other section of the act, and, indeed, ovhor sections (especially the thirty-uinth ana fortieth clearly indicate that it was the express meaning of the Legislature that this number \«1x)tand this oniy should constitute the panel. ‘Vis is the natural and obvious meaning, and any other interpretation would be subtle and forced. “When words are xo piain and explicit, courts have no right to add to or take from them in order to change thetr meaning.'* And, if there is any defect in the law, courts have no power to correct such supposed rs, Omissions oF defects. (! Vourt, section Newall va. the People, 7 N. Y. R., 9, 97; the Peo a eds 4H demanding the mm to the whole numba common law, except such courts of equity as the Legislature 13 herein authorized yo establish.” ‘The frst constitution of wis State, adopted in con- vention of the representatives of the State of New York, at Kingston, on the 20th of April, 1777, section four, is identical in meaning, if not in language, with that of 1822. It 1s clear, therefore (even with- out reference to the constitution of the United States), that from the year 1777 to the present time, within the limits of Utis State, the tial by jury was and is guar ed, and that if any court or courts have been created, with powers transcending the | provisions of the common law, such powers are unconstitutional and void, ‘rhe right of trig) by jary is guaranteed by “Magna Charta’ (section twenty-nine) in these’ words:—- “Nuilus liber homo capiatur vel tiprimetur aut eculetur aut ullagetur aue exuletur atiquo modo destruatium nec super cum itinas nee super cum ilimus nee super cum mattinus nisi per legate jucti- cium pariune suorum vel per legem tene.” The great cuarter of Henry IIL, (A. D, 1227) is almost identle: 1 lauguage. That the trial oy jury, how- ever, Was known long previous to the regniture at Runoymede, and is even older than tue com- mon law itself, is conceded by the best and most learn or Antguarians have given diferent sources of the origi of jury trials, ‘they have been IdentiGed with the “compur-galors” of the Saxons, the inquisitors or assessors who investi- gated and certilied to the Norman lorri the extent of hts feudai rights and with the judices of the mans; and it is conceded that ail such tribunais sisted of twelve men. From whatever cause originated the number twelve seems to have been adopted by all the Northern nations of Europe in settling not only internal but extern controversies. ‘Tis number tweive men (v0: homies), appears to have been engrafted upon and became a part of all courts or “Hundreds” or other bodies constituted to determine controversies. The laws of Alired upon this subject may be briefly ac- scribed thus:—“if any one accuse a king’s thane, let hin do it with twelve King’s thanes. If any one accuse a thane of less degree tnan a king’s thane, lec-him purge himself wiih eleven of his equals and one king’s thane.” This is alluded ito by Hume in his History of Engiund, chaptef second, who speaks of “twelve freeholders bound to administer impartial justice.” Blackstone, in his very interesting Chapter concerning trials by jury (vol. 3, chap. 24), traces trials by jury to a very ancient date, and always speaks of twelve mea as being necessary to constitute a jury. and that this has always been considered @ maxim of the com- mon iaw. In his own words, the trial by jury “13 the most transcendent privilege whieh any subject can enjoy or wish for; that he cannot be affected in his property, his liberty or his jee but by the unanimous consent of twelve of his neighbors and equals.” (3d Blackstone, 37%.) And Reeve, in speak- ing of the common law as known before, ahd adopted by ng Charta, speaks of the trial by a as ‘the (Reeve’s ing. Law, 97. a vy jury, {i frowy to éb CCUINOK TY, engrafted upon and is part of the great charters, I think it unnécessary even to discuss. In the language of Lord Coke :— “They were for the most part but deciarations of the common law of England, to the observation and keeping whereof the king was bound and sworn.”’ Ser indy second Inst. 2 and 3.) (Vide also Sir tthew Hale’s History of the Common Law, p. 128.) ‘That atrial by jury means at common law a trial by twelve men (boni hommes) Lcan entertain no doubt. That it has been known as @uch for centuries h at times grossly violated) would seem ap- pip Therefore, ¢ the Legislature of this State created any court contrary to the provisions of the common law, the consvitution of the United States, or constitution of 1777, confirmed by those of 1822 and 1846, enabling such courts to deprive a citizen of his rights of person and property without a trial by jury, such proviso must be void. It 1s no answer to this proposition that the various acts creating justices of the peace, assistant justices and district courts have been acquiesced in and re- ceived as “the law of the land” tor so many years. If it can be declared that a jury is to consist of only six persons, by another proviso it can be enacted that four, or two, or one shall constitute a el. It appears to me this is not what is meant y a trial by jury or a proceeding at common law. As I have fore occasion to remark in cases that have been brought before this court, I snould be very loath, and, indeed, would refuse to declare any act of the lature of this State unconstitu- tional until p: upon by a higher gibupal; but in this instance 1 think Lam sustalned by Stich tribunals and authorities. This action is upon a statute highly penal in iis nature, and waich must, of course, receive # strict construction; and as such Tbeliove Leal oae among to under any 0 its pro- ied 8 Jury nown to the ¢ommon law. Oule justice harman ia Ohio State Reports, 177) says:—“*That the term jury, without addition or prefix, imports a pe twelve men in a court of ae is as well settled as any legal proposition can ” (Vide also Wisconsin R., 2, 22, do., 3, 219, and Metcalf, 6,231.) Judge Johnson, in rendering the decision in the Court of ADI is in the case o1 C va. The Hudson River Kailroad Company (12 + R., pages 190 and 198), says:—“That term (a jury). When spoken of in connection with a trial by jury inthe second section of the same arti¢le (the constitution of 1846), imports a jury of twelve men, whose verdict must be unanimous, Such must be its acceptation to every one Or eng with the com- mon law and aware of the high estimation in which that institution 30 constituted has for so long a riod been held.” In the cases of Wyne er vs, The People, and the People vs, Toynbre, which two cases were decided together {, N. Y., p. 37), the question arose as to the constitutionallty of the act ‘for the prevention of intemperance, pauperism and crime (laws of 1855, p. 340). One of the grounds for the decision of the Court of Appeals declaring said fact unconstitutional was, that the defendant was 4 neha of a trial by jury, as guaranteed by the constitution. Johnson, (Judge) in this case, uses this language (referring to a jury of six men):—“That ta not wnat the constivution means by a jury trial, That must be, within the terms of the constitution, a jury of twelve men.” (13 N. Y., 427.) And again, Mitcheil (Judge) in the same case, page 458, says:—‘*This means the common law jury of twelve men.” (Idem, 458.) Upon tie motion before this court the learned counsel for the defendant cited portions of a decision of the General Term of the Supreme Court of the Fifth district (not as yet reported), wherein it is al- leged that Ju ier, after commenting upon the case of Gleason vs. Kettletas (17 N. Y.,491), remarks:— “here is no doubt as to Ag power Of the Legis- lature to enlarge the jw iction of justices of the peace to any amount it may deem proper, ‘These courts will have fall power to try, hear and determine all such cases, uniess ether of said parties shall demand a trial by jury. Phat done, it may not be in the power of the court topro- ceed, a it cannot empanel a jury of “twelve men.” 1am, therefore, for the reasons before set forth, and from the authorities I have cited, forced to the con- clasion that this court has no power to empanél as a jury to try a cause more than six men; that the common law, the constitution of the United states, and each and every of the constitutions of the State of New York contemplated that in aii penal sctions a jury should constst of tweive men; and that, there- fore, and until directed by a higher tribunal, this court is powerless to proceed with this action, CITY INTELLIGENCE, ‘Toy Wearter YEsTERDAY.—The following record will show tue changes in the temperature for wie past twenty-four hours, as indicated by the tiermo meter at Hudnut’s pharmacy, Henatp Building, ee cornet of Ann — 3A 2 erage temperature... Average temperature tor the past we VITAL STATISTICS. —The number of deaths reported last week, ending Saturday noon, was 443; mar- riages, 260; births, liviag. 224; births, prematurely, Ww ARRESTS FOR THE WEEK.—The num ber of arrests made im the city forthe week ending yesterday at six o'clock A. M., Was 1,221, New York MevicaL Cottece ror Womes.—The second of a series of parlor entertainments for the benefit or the New York Medical College for Women wil be given at the College building, corner of twelfth street and Second avenue, ou Tuesday even- ‘en ry 23. The programme will consist of voeal ant iustrumental, stereopticons and readings. : Sr. Bripger's Panisa.—The Rev. Father Mooney will deliver a lecture this evening at St. Bridget's church, on the subject of “A Visit to Cathalie Bu- rope.” The proceeds of the afair will be devoted to the benefit of the poor under the charge of St. Viu- cent de Paul's Society. THe New york Hosprrat.—The removal of the New York Hospital to an up-town locality being de- termined upou, all the present hospital buildings willf be torn down, except the “south house,’! on the corner of Church and Duane strects, and Peat street will be continued throngn the centre of the block to Church street. MuseUM oF Narunat History aT THE PARK.—A number of werchants of this city are negotiating for the 1 poder 5 of the valuable collection made by the celebrated French naturalist, M. Verreau, to be pre- sented to the Park Commissioners towards the ea tablishment of a museum of natural history. SINGULAR FRRAK OF A Honse.—Yesterday after- Noon A Woman named Margaret Higgins, of No, 283 Water street, observed a horse engaged in eating oats and caught the idea of robbing him of nis din- ner. She attempted to steai t ne grain from the feed trough w her i ae Triguttut ‘oanner. The womens was taken to a eae use, and her wounds dressed by the Tar CaLoRoroRM Case IN HiGHTA STRRRT— Coroner Keenan yesterday heid an inquest at No. 135 Eighth street, on the body of Maggie Dessoy, whose death occurred on Friday night m conse- quence of inhaiing an excess of chloroform, which she had been in the habit of to induce sleep. of the province of New Bruns- wick and twenty-two years of age. THB ALLEN STREET SUICIDR—IvENTIFICATION OF tun Victim.—Henry Retbling, of No, 6& Norfolk street, yesterday applied at the Tenth precinct sta: . tion house and asked permission to see the body of the woman who committed suicide at No. 04 Allen street, as ay reported in the exaLD, On view- ing the remains he at once identified them as those of his wife, Elizapeth Keibling. ihe tquaition is not yet concluded. Suppen Dearus.—Wilam Walsh, & man about fifty years of age, died suddenly on Friday night at his residence, No, 61 Jackson strect. Decessed was apparently in his usual health a few hours pro- vious to his death. Coroner Flynn was notified to hold an inguest on the body. Wiliam Maher, aman thirty-l.ve years of age, a baker by occupation, who worked as 579 Second avenue, was taken suddoniy iil in the bakery and died soon afterwards. An in- goo will be held on the body by Coroner Roilins, eceased lived ut No. 474 West Twenty-eighth street, Fata. Acoipents.—Karly yesterday afternoon Mr. Joun Hermeriy, a man eighty-nine years of age, white passing the premtses No, 88 Fourth avenue fell nto the cellar and ws killed, he body Was taken to the Morgue, where Coroner Keenan will hvid an inquest, Deceased lived at No, 123 avenue A, An inquest was yesterday heid at Mount Sinai Hos- pital, by Coroner Rollins, on the body of Joseph Rit- ter, Whuse death was the result of injuries accident. ally received ou the 30th ull, caused by failing through the hatchway at preailses No, 210 Fulton street, Deceased was a native of Bohemia, twenty- two years of age. ‘Tag Gareran Mass Mastina To-Day.—The Ger- mans, republicans as well as democrats, announce & mass meeiing at Stadt theatre this afternoon, on the naturalization question, That they enjoy, in this, complete immunity from all interference by Super- intendent Kennedy and may meet undisturbed on a Sunday afternoon w% proof positive of the great power and intluence tue Geran clement bas ac- quired, When, some yeara ago, the ‘‘chie! ocgan- izer,” Stephens, of the iM proposed to ad- dese the Fonlans at Hamilton Park on a Sunday, Ken- nedy prohibited the Laren Nothing of the Kind apprenended showing that the “sweet Ger man accent” is held in greater esteem than the “rich Irish brogue.”” Mayor’s Orricg.—During the past week the bygk ness done at the license bureau under Marshal ‘Tooker has been as follows:—Licenses issued—Board- ing houses, 11; express wa; 11; carts, 80; venders, 57; drivers, 0; ports, junk shops, 2; two-horse gars, 90; one-horse cars, 20; intelligence ollice, 4, Total, 314. Received for fines, $24. Total Yeceipts, $5,463 75, The amount of money which has been refunded by proprietors of bogus intelligence offices and mock jewelry establishments and others during the week is some $031. Yesterday morning there were fully fifty ditferent complaints against in- telligence office keepers, ugains; those keep- ing establishment at Nos. 86 Nassau street, 1 Centre street, 261, 234 and 671 Broadway. In most of the cases officers McGrath and Young went to the offices wita the compiaimants, ‘I'he uppearance of the officers generally succveded in bringing out the money. VELOCIPEDES IN THE PARK.—Yesterday again two Persons, anxious for transitory notoriety, exercised their experience and agility astride the velocipede in the City Hall Park, to the great delight and amuse- ment of the regiment of booiblacks usually sojourn. ing in that locality. Concerning the velocipede it Taay be stated that they are not @ modern inven- ion, About the year 1317 or 1318 Baron Von Draise, an Aulic Councillor and Cluef Justitian of the Court at Mannhetm, in Baden, Germany, an eccentric me- chanicat genius, first constructed one, propelled by the rider wit his feet on the ground, as a plaything for children. 1t strack the fancy of the great postal monopolist for Germany, the Prince de Tour et ‘Taxe, aud as an experiment the mails were carried for months, in the year 1819 or thereabouts, on such vehicle's between Mergentheim, m Wuriemberg, and Tauber-Bischofsaeiin, in Bavaria, a distance of about twelve Engiish miles, and a former Justitiary of the royal court at Mergentheim, at preseat an appointee in the office of the County Clerk in this ay recollects well seeing the muil carrier passing @ Atreets of that town astride on a “Draisnie,’? as then called, from the name of its taventor. For a short time, about the year 1820 or 1821, they were quite iu vogue in France and England, but soon advancing jachion, or taste, overtook and lett them betund and forgotten. Now, years later, Paris is all alive with them and New York fashionables, ‘‘as in duty bound,” follow suit. POLICE INTELLIGENCE, Tar BriGerortT Bonp RopseRy:—Lewis 8. Cole, alias Levi Cole, arrested by Captain Speight, of the Twenty-ninth precinct, charged with being impll- cated tn the larceny of $95,000 in bonds from the Pequonnock Bank, Bridgeport, Conn., on the 30th of November last, was, upon motion of lus counsel, discharged by Justice Dodge, yesterday afternoon, upon recommendation of District Attorney Garvin, there not being suilicient evidence produced on tie cross-examination to warrantin hol him, Henry Marshall, alats Gvover, arrested at the same time, in whose possession the stolen bonds were found, was remanded to prison to await the arrival of a requisi- tion Irom Governor Hoffman. THE ALLEGED GAMBLERS.—The thirty-four gam- blers who were arrested Friday night tn the gambling houses corner of Bleecker street and Broadway and 564 Broadway were yesterday arraigned before Jastice Connolly, at the Yorkville Police Court. The raid upon those premises by Sergeant Dilks and offi- cers Robinson and Crosby was noticed in yesterday's HexaLp. Jotn Berein James Jones, Joseph Green, Thomas McMulicn, John McMullen, Fritz Roeder and John McGinow, who were found at the nouse on Bleecker street and Broadway, were arraigned | lirst, with the proprietors, Eugene Keilly' and George Sweeay. i the persons found were fined $10 and the proprietors were held in $600 ball, to answer. ‘The twenty-eight persons in the other house, named urman, James B. Brown, Jolin 8. Byron, James Cusic, John Burke, Willtam Lewis, William Wilson, Samuel Car\- ton, John West, Edward Larkins, Peter Beli, Frank Holbrook, Harry Miller, John Boyd, Thomas Freder- icks, Edward Marble,jGeorge Wiuson, Charles\Keilogg, Charles Gurney, Join Kenny, Frank Brown, Joho Smich and Charles Green were also fined ten doliars each, and the proprietor, Join Kenny, gave bail in $500, to answer. Many of the “sports”? seemed to be short of money, aud some were locked up until they should be abie to pay. The complaint ta both cases was made by Joseph Mignauit, of 61 Broadway. A Ratukn Mixep Case.-Mr. Thomas Shiels, who resides at No. 56 Pike street, some days since missed a handsome solitaire diamond ring, of t 1 value of $125. He searched everywhere for it, and at last, coming to the conclusion that it must have been stolen, calied upon detective Connor, of the Seventh precinct, to assist him in finding the thief. Suspi- cfon fell npon &® woman named Catharine O'Brien, who had for some time been employed tn Mr. Shiela house, but who had disappeared @ snort while, as sup “i, after the loss of the ring. After searching for her for some time the officer found her yesterday morning, and when chasged with the theft she adinitted having takeu the ring and having pawned it in a loan office in Catharine sweet. The Ucket had been sold to another Woman, named Anne Doody, living m Oliver street. The otficer, In com- pany with his prisoner, soon found this person, and recovered from her the ring, which, ileged, she had received from the pawnbroker. ‘wt. Shiela, on tuspecting the property, found he setting to be the same as When it Was In his possesston; but instead of the diamond, which he valued at $11%, he was surprised to find that an utterly worthless piece of giass had been substi- tated. Catharme O'Brien declared that the ring as recovered was diferent frou that which she pledged, ant Ann Doody protested that it was just as it was when she redeemed it. The oficer conse- quentiy Visited the pawn shop at 66 Catharine strect and arrested the proprietor, Isaac Simon, and George W. Samuels, his clerk, on # charge of having stolen the stone. All three prisoners were taken before Justice Mansfield, at Essex Market Police Court, and committed to Sessions, the two men giving bait for their appearance. It taalleged that at the time the ring Was predged the woman 0’ Grien received four dollars for tt, The pawnbrokers deny the charge of having stolen the diamond, and profess to know no- titng of the time and cireumstances connected with the pawning. ADULTERATED MILK, A Quartette of Milk Adulterntors—Violating the Health Ordinances—Arrest of the Pare tlesThey are Held for Trial. Yesverday morning Officers Dunne and Dolan, of the Sixth precinct, arrested Anthony Sayre, No. 31 Allen street, Henry Schmal, No. 101 Hudson street, Jacob Schwartz, No, 529 Eleventh atrect, and Nicho- lan Steutz, No. 40 Oak street, and seized about eighty cans of milk and water belonging to the prisoners, The prisoners were taken to the Tombs ee7s* 2 numerous small les of sembling seeds of partic! some kind, The ard intendent yesterday brought the mater to the at tention of the Board oF Health in the following lotter:. OFrice SANITARY SUPETINTENDRNT) METROPOLITAN BOARD OF Beary Naw Youk, Februsy 20, 1889. Emruson Cia! 3 Seoretary: Btte-My atieasion ia called to the fact the:a large quantity of ruilk, milk cans and and water, var been selzed by the police of the Sixth morning, and ts now at these headquarters awaiting tion of the Board of Health. have sald inixtures and taken some samp ‘now wonld recom- mend official action by the Board before per courts in regard to the case. Permit ‘me to refer No Oa twenty-second, thi mips and fifth avetions of the Sani Code, and to er act of the Legislature pomed. Ane chapter EBs clan ce oth fo haps ; : Sthcete Donne and P, ie of the Sixth, and Tuase Dowling be requested to give testimony in |the case. Dowling has commitied the offenders, —_1E. HARRIS, Tariseiser je omen“Sanitary Superintendent, , Board have not P ig taken action in the pre- io The meer but will Likely do 80 at their session on Mon- TRE STAR INSURANCE BOND ROBBERY. Examination Before ‘Justice Dowling—Leo Committed in Default of $49,000 Bail— The Prisoner Implicated in Aucther $50,000 Robbery. ‘The examination in the case of Edyin R. Lee, the stock broker, of No. 19 Wall street, arrested on Fri- day afternoon, charged with stealing $40,000 in United States five twenty bonds from the office of the Star Fire Insurance Company, No. 96 Broadway, as already reported, took place before Justice Dow- lng at the Tombs yesterday afternoong ..) (Mr. Leonard D. White, of the fizin 6f White, Mor- tis & o., No. 29 Wall strect, wag éross-examined by the defendant’s counsel, deposed that he does not know where the bonds he had purchased from the pooused <re; sold them to some customer; 1 ftentuy the nunbers from our register; I know Mr. Lee; there was no one with nim at the time of the sale that { remember; I paid hin by chook; have known Lee for several months; have bought bonds from him at various times; did not know that these bonds were stolen. Nicholas C. Miller, president of the Star Fire Insur- ance Company, being cross-examined, said—Myself and the secretary have the custody of the valuables of the com, ; We notified ihe community of the loss of tae bonds by Hes. circulars to bankers, brokers, chiefs of pol » by newspaper and mail, besides bres all the newspapers in the city; 1 do not know that the defendant received notice; I received my information with reference to Lee from White, Morris & Co. and Fisk & Hatch; the bonds are of $500 each and four in: number sold to White, Morris & Co., and four in number of $500 each sold to Fisk & Hatch; never saw Lee until yes- ordi Thére being no other witnesses present for the rosecution the magist sald he deemed the evi- sufficient to hold the prisoner for trial and oo do so unless there were witnesses for the de- fence, Prisoner's counsel said they had no witnesses in court, and asked time to produce them, and with that view the prisoner submitted a written state- ment drawn up by nis counsel, in which he sets forth that he 1s a regular member of the Board of Brokers in this city, spe has been since the organ- ization of the board; such broker has bought and sold on commission alt kinds of United States stocks and other bonds; that he keepstno register or bbok of uit in which are entered the numbers and amounts of any bondsor stocks at any time sold by him; that he has not within one year past sold any United States bonds of any denomination whatever, except what he sold on commission for two certain individuals, one a W. S. Brown, of this city, who was introduced to him in February a year ago by Charies K. Loomis, at that time general freight agent of the Buffalo and State Line Ratiroad Company at the city of Buffalo, since deceased,’ and in whose employ he (Lee) was in 1859; the other sey a Wi ty iy ace ena one W. 0. ; 0 re Ruowa to Lee as gtain and pork dealess; thar. ho does not know the whereabouts pf the two men Brown aud White, neither does he keoW where aa do business; did not know up to she time of bi arrest that any bonds had been stolen from the Star Fire Insurance Company; that no notice to that effect had ever been served upon him The magistrate, deeming the facts contained in the above statement insuflicient to postpone the case, said he should fully commit the for trial in default of 000 and accordingy did so. Lee is thirty-two years of age, a mative of Onelda county, this State, lives in Bergen, N.J., and pleaded not At tie close of the investigation Mr, ee all, one of the members of a frm ddng eRs at No, 69 Pine street, appeared and expressed a will- ingness to make an additional complaint against 1 charging him with complicity in another bond robbery. It appears that on the afternoon of the 2d of January last the office of Mr. Rochall was entered by sneak thieves and robbed of a tin box $50,000 in government and otiier securities, jwit! which the \\-fingered operators made t ce cape. It is alleged that $3,000 of the bonds stolen from Mr. Rochall have been traced to the possession ot Lee, he having sold them to certain parties in Wall street. As all the witnesses necessary to perfect the complaint were not in coart, the hearing in Ue case Was postponed till Taeaday next., THE TWENTIETH WARD Iuquesi Yesterday by Coroner Keenan— Verdict of the Jury—How Criminals are “Lost” by Depaty Sheriffs, Coroner Keenan yesterday held an tnquest on the body of Peter McDonald, the blacksmith, who died on Thursday from injuries inflicted upon him by a fellow workman, named James McDonayl. There 1s @ circumstance connected with this case which 1s just now surrounded by a good deal of mystery. After the assault on the deceased tne assailant was taken to the Jefferson Market Police Court, where he was committed for trial in default of $300 bail, and about a week ago the captain of the court squad called on Captain Hedden, of the Twentieth precinct, ‘police and inquired if he knew where James McDon- ald was, as the prisoner had been “lost.” When the man was “lost,” or by what means, no one seems able to state. There are those who contend that while in the charge of an oMcer of the Court of General Sessions, on Itis way from the court to the ‘Tombs, James slipped his handcuffs and escaped. If that turns out to be the true state of the case no doubt Recorder Hackett and Judge Bedford will Institute an Investigation, as this happens to be the third handcuf-slipping case within a month. Where the missing man is hidden ts a question which the fa are trying to answer for themselves, with very tile prospect of success, The following is the testimony taken at the in- quest, The first witness sworn was Jacob Abstein, the proprietor of the establishment in which the de- ceased Was empioyed, who testified as follows;:— Jacob Abstein, sworn—I reside at 310 West Thirty- emith street; lam a dlacksmith;| knew Peter and kuow Jaines McDonald; deceased’ had a fire to work at in my shop, 441 West Fortydirst street; James worked for me some time about six weeks before the affray; James that came to the shop and asked for money; deceased said te had paid him, when some wor d between them; James left, saying, “I'll taker’ out of you; on the 26th ult. about half-past one o'clock, | was in a store opposite the bs wien | heard @ noise m the street; 1 looked out and saw James op the ‘sidewalk, just 1 was in; I heard a nome outside and saw Peter was hart; 1 saw James have a pair of tongs in his hand; deceased was on the sidewalk in front of my store; i head; Peter was standing holding his head “That man did it,” pointing to James; the when I saw him, was walking toward Peter pair of biacksmith’s sone 5 went and took the tongs away from James; I did notsee him hit Peter; heard James say, ‘I'll take six months for tat; James then went into a lager beer saloon. PRSTIMONY OF HENRY SIRRICHS. Henry Sterichs, sworn—I reside at No. 300 West Thirty-eight street; Lam a tanner by trade; 1 was nted With the deceased, nor dol know jcDonald; | was in Abstein's HOMICIDE. joon; on faking hold Was, and sand tuat if 1 an inch above the left was’ a det = Hiaoe aD Ms tly from @ barn; ‘a denuded su: y Sontoe tok the pote found beneath tt, mentioned, ganar just uader the wound, extending over a _Apene of meter; the scalp at od two aoe a i diag with ty veut taple of theskuil: on removing tie calvareu was seen beneath the dura mater, which being turned back was found thickened and ad- hered to the head at the point beneath the external wound; the brain and membranes were congested, but tne other organs were healthy; death, in my Pogson was caused from the,woi on the crown of The jury then, without retiring, rendered a verdict that ‘rhe deceased, Peter McDonald, came to. his death from a biow he recelved ou the head froma pair of Disckeanahs soe and that the blow was given by James McDonatt ” Coroner Keenan then made out @ warrant for the arrest of James McDonald and placed it in hands fo ferret out his . @ jury the Coroner Metin acne tts wine the attendance o! “hin, under all the ctroumstances of te case, had not been a very easy task. THE GAS PURIFYING NUISANCK. Tho Kolative Merits of Dry Lime and Oxide of Iron as a Purifier—The Gas Company's Position Condemned by Its Own Witnesses. Acase that is attracting some attention, growing out of the obstinacy of the Metropolitan Gas Com- pany mm refusing to comply with order.No. 425 of tho Board of Health, is now under investigation, Tho order 13 a8 follows:— s) ‘That the business of manufacturing gas (conducted by the Metropolitan Gas Company) ut the foot of West Forty-secont street, New York, be discontinued, except it be conducted by & process of manhfacture that will uot allow any deleterious eee oes detrimental to health to escape into the ex- This order was issued last fall, and the company at once asked for and obtained permission to show cause why the order should not be enforced. The ogee was referred to 8. G. Hawley, Clerk of the Board of Police Commissioners, before whom evi- dence has been taken from time to time—Mr. Hast- ings appearing for the Board and Hooper C. Vai Vorst for the gas company. ‘The question turns upon the best mode of purify- ing oes, oo as to reduce the amount of noxious vapor and ealthy acids thrown out into the air. he Board contend that the present purifier (dry lime) fills the air with carbonic acid gas and other poison- ous affluvia, whereas the use of oxide of fron, as ee in European countries, would obviate the nu The company, in their opposition to the pro- oh in the system of purification, are ked up by the lime burners who derive an im- profit from the consumption of oyster shells in making lime. ‘Their business would be ruined were Li Metropolitan compar mee adopt the a process, as emplo: y r Dre ‘Chandler, chemist to the Board, gave some time ago voluminous testimony, clearly showiug from own experiments and quotations from ex- pert chemists of Europe, that the oxide of tron pi cess reduces very materially the danger to hoaith, while it produces a gas equally as pure as that made by the lime process. Professor Sjliman, of Hartford, a director of a gas company, hi One who is of course interested, was on Thursday examined at length tor the Metropolitan Company, but even his testimony was mainly against the Ime process. EE eet A further hearing was had yesterday, when Pro- fessor Vet cere, of this city, and an attaché of a journal Fyne ed in the interest of the gas com- con ae country, called by the counsel for ro} was A litan Company. He gaveavery lengthy | analysis of the subject, and Inbored hard toehow that the lime ‘was not injurious to the sani- tion of the city. rhe it in made to the iy designated and that of oxide of iron. says:— ‘Those ingredients of the gas which call for removal (as causing, if left therein, inconvenience or detri- ment to property op health, or as injurious to tae iiluminating value), are very many in number, and Tay be classed as follows, about in the order of their relative importance:— Carbonic acid, chiefly free, but partly, no doubt, as carbonates of ammonia and other volatile bases. Hydrosulphuric acid and hydrosulphates, of am- monia and other bases. Bisulphide of carbon, with other sulphur com- pounds not detected by “lead-paper;” among which will probably be found the monosulphide of carbou of and the recently discovered oxysulphi ly (CSO) of \. Sulphocyanide and cyanide of ammonium, &c. Suipharetted substitution products; including pro- bably “compound ammonias,” or sulphuretted vota- tile as yet not studied. Carbolic and cresylic alcohols. Butyric and other volatile acids. Some of the heavier hydrocarbons; such as amyie, hexyle (capronyie), &c. Acetylene is another hydro- carbon, apparently objectionable on some accounts. A host of volatile nitrogenous bases, een as yet little known; among which are ankine, toluidine, icoline, pyridine, lepidine, chinoline, quinoline, C., &C., Most of which are donbdtless objectionavie, as ive in odor or Crystalline solids; napthaline, anthracene, parat- fing Pieace), &e., ke. The following remarks are made upon the process of purification employed by two of the city com- panies :— 1, The iron-process of the New York Gas Company. This is founded upon a patent recently issued to Messrs. St. John and Cartwright, and consists in the use of an admixture of a native hydrated iron-oxide (a common limonite ore), turnings, or borings of Inetallic iron and charcoal. It would appear that this mixture is susceptble of usage without sieve: or gratings; doubtless owing to the coarseness of t! oulation of the material. Any advantage gain ereby, however, musigbe necessarily at the expen. of efficiency, a8 re; ds extent of absorbent surface. Indeed, the general statement is made with regard to the tron-process. that “a much larger surface 13 requisite than with aa under equal velocities of urrent” (CLEGG, page " 2. The lime process of the Manhattan Gas Com- pany.—Under this head I have to describe what I cannot but view as the most valuable practical 1W- provement Lo ie that has been made in more recent times. This Improvement may be set forth as follows:—After the purification of the gas in the ordinary “dry lime” apparatus, the foul lime, just as it remains in the purifiers, is revivitied therein by the method of “ventilation,” known as that of Palmer (specified In his patent of April 11, 1847, as “the using of atmospheric air to be blown through the lime purifiers before they are opeact for the remeval of the refuse eon ily practiced hy the Manhattan Company the ventilation ts effected by drawing air from above downwards through tie fouled purifiers; but the spectal and novel improve- ment [ refer to resides in @ supplementary device, which is simply the passage of foul efuvia from the revivification through @ secondary dry lime purt- fier. ‘This latter company, it ts understood, now There is no disputing the fact, of which the ev'- dence is rapidly accuntulating, that the tendency of progreas, founded upon the teachings of experience, among gas managers, is in the direction of a return to the use o° lime for purification; aniess some great and indisputa’!e improvement shall be introduced, increasing greatly the eiclency of the iron process. At the conclusion of Professor Wurtz’s testimony the attorney for the Board of Health announced that he was willing to close tho cme, the expert chemisi called by the Manhattan Company having esiao- lished the position assumed by the rd, that tie lime process was rapidly fading into” disrepute ua Kurope, and giving piace to the oxite of irow Process. Mr. Van Vort stated that he might call one or two More witnesses, but he would close the cave om Werinesday next, to which day the hearing was al- Journed. of lime, improper; cess," THE VACANT POLICE CAPTAINCY. ‘to THe Eprrok oF THE HkRALD:— . In your issue of the 16th mst. you published, unter the head of “Voice of the Peopie,” a communication aigued by a “Patrolman,” in which my name and character as an officer were brought into question and certain sneers thrown out as to how I obtained my present position. Although | aim not aware of having a@ single personal enemy on the force, am therefore at a very great loss to know who thi exceefingly friendly “Patrolman” w, | feet that owe ‘it as a daty to myself, as weli as to others whose names have been coupled with mine in the communication, to deny certain of the state- ments made therem. Firs and foremost, 1 am to say that 1 orginally came “from the Emerald Isic,” and | really do hot think that fact makes worse me any than any other man. “Patrolinan’’ says | declared my “intentions of becoming a citizen m_ 186" and received my “fu:l papers in 1866." The fact is I was A legully qnalified voter in 1860. Now he says that £ was made “doorman, patrolman, roundsman aud sergeant ail inside of two years and four months,’ + whereas I have been on the police force goingou ax years. As for being “illiterate and having no edu- cation,” I must confess that | am nut exactly quait- fled to hold a professorstip in Yale, yet i do thik that my education is such as qualify me to beng «A ‘a far better position than many in the gut of te frac agar proms ms the department promotion fro lo Tera ta'our forse to tay present rank ts suit. bient evidence to everybody Who knows how partic. war the Police Board is in rs, sergeanta, that my merit was not of « kind to militate against my efiorency as an officer. THOMAS KILLAILED, Sergeant Thirty -first precinct.