The New York Herald Newspaper, March 12, 1869, Page 5

NEW YORK CITY. THE COURTS. UNITED STATES DISTRICT COURT—IN BANKRUPTCY. Decision—The Right of a Bankrupt to Amend His Schedules. Before Judge Blatchford. In the Bankruptey of Henry H, Watis.—In this case the bankrupt applies for leave to amend bis schedule by setting forth a certain lease of which he was owner at the time of filing his petition. Coun- sel for the creditors objected, on which Judge Blatchford gave the following opinion:—Under sec- tion twenty-six and general order number seven the Yegister has power, under general order number five, to allow a petitioning bankrupt to amend his sehedule on complying with general order number thirty-three, ‘The application 1s an ex parte one, of nr o sucl 1, , ho weue ot fact ana of awe within section four can by the udge, t's regio ampropery efust ry @ regi im} an applica ion to amend the bankrupt can under section six take the opinion of the ju ge or & certificate from the register on the question. In this case the allowance of the amendment cannot in any way prejudice the right of the ereditor to op} the discharge of the bankrupt for his having omitted the matter juestion from his original schedule. The order of the register in allowing the amendment in uo matter conciades the creditor on the point, as the creditor is no party to the proceedings, 80 asto be estopped by the order from availing himself of any ground of opposition toa discharge, which he would have had in the absence of the order, Still, if the ase be a proper one for allowing the amendment in question it is proper for the register to allow it in terms without prejudice to the right of the creditor to oppose the discharge upon the ground of the omis- sion of We matter irom the original schedule, Petition, A petition to be adjudged bankrupts has been filed in this court in the case of Lathrop, Luddmgton & & , the extensive dry goods jobbing house in this city, UNITED STATES COMMISSIONERS’ COURT. Charge of Blackmailing Against an Internal Revenue Officer. Before Commissioner Betts. The United States vs. Bernard Hess.—The defend- “ant, an inspector of internal revenue, is charged by John G, Berlinghoff, a cigar manufacturer, with having, in the month of August, 1867, proffered to compromise and have settled an action then pending on the seizure of alarge quaatity of complainant’s Cirgars fora violation of the Internal Revenue law by complainant ‘ing to Hess a sum of fiity dollars for his action in the matter. ‘The defendant was bronght before Commissioner Betts, aud the exam- ination is set down for Tuesday next. SUPREME COURT—CIRCUIT. The Nitro-Glycerine Explosion “nse. Before Judge Barnard. Danford N, Barney et al. vs. Oito Burstendinder.— The hearing of this case was resumed yesterday. The action was brought to recover the sum of $100,000 for damages sustained by plamtif’ in the toss of their building in San Francisco, caused by ° the explosion of a box containing a quantity of nitro-glycerine, which defendants had forwarded through plaintif's’ express, and which, when de- posited in plaintiffs’ warehouse, exploded, destroy- ‘ing a large amount of property. The evidence in the case having closed, and counsel on both sides having summed up— Judge Barnard proceeded'to charge the jury. He said the action ‘could only be maintained on the ground that the defendant was negligent in packia ¢ the ollor in not notifying the carrier of its expilo- sive character. Negligence was the want of that care which # man of ordinary care and prudence Would exercise. In applying these principles to a case where neglivence 1s imputed in the packing of & new article of commerce, the explosive character of which was not generally Known, the question was not to be determined either by that measure of pru- dence which a scientific man might be to adopt, trom a consideration of the nature of the component parts of the article, nor by that prudence which a person wholly unacquainted with the navure of the article might adopt, but rather by a mixture of the two. It was that prudence wich those who dealt in the articie were accustomed to adopt. If the evidence showed that there wus a general mode adopted among dealers in this article for packing It, and that the defendant packed according to that node, then he was uot liable, althouga ewher from extreme cantion or @ moi knowledge of the character of the art have adopted a sater mode. Of course, bh wever, it the defendant himself possessed this move inti- mate knowiedge and also Knew that u safer mode of acking lad been adopted by another, he would ave been guilty of negligence m not adopting it. di uiso followed that if there was no general mode of ing in use and that the defendant hud no kuow!- of the character of the article superior to that ihe community at large, he could oniy be held the exercise of that care which a person of uary prudence would exercise im pack- an arecle not generally Known to be of As to whetuer thére was negili e in not giving notice depends upon the me principles-—first, Whetuer it was the cusiomn of tue trade to give notice; second, whether the ¢ jendant knew the explosive character of the articie, and that in consequence thereot he omitted to give notice of its character; and third, whether a pru- dent Man not possessmg such knowledge, supposing that the explosive qualities of the’ article were not generally Known, Would deem it necessary to give buch notice. ii any one of these questions were answered in the afirmative then the verdict must be for the plaintid, but al ali in the negative it must be for the defendant. The jary then retired, but not having come to a conclision at haif-pasi three o'clock the Court di- rected @ sealed verdict, The Union Pacific Railrond Cnse. James Fisk, Jr., 0s. the Union Pacific Railroad Company.—This case came up again yesterday morn- ing before Judge Barnard. As already stated, an Injunction Was issued restraining the directors of the company from holding an clection, From the state- ments made it appeared that the order was violated, ‘aid Mesars, Ames, Bushuell, Dillon, Alley, Crane, Durant and Tracy having been arrested for contempt appeared to answer, Mr. Field, counsel for the plaintiff, stated that the dciendants were ready to give bail to answer—Ames and Pilion in $20,000 each and the others ti $10,000. A discussion ensued reiative to certain interroga- tories, wuen finally twenty days were allowed, Jaage ard intimating that, shold the defendants not be prepared to answer, he would yrant an extension of ume, Action Against the Corporation=The Com- Plaint Dismissed. Minot F, Wineh vs. The Mayor, &e.—The action in this case was brought to recover $300 for damages Bustained by the piaintisf through the alleged negli; gence of the defendants, It appeared that on the wih of October, 1866, the plaintif’ was driving a ‘wagon through Eigiteenti street, and wien neariag ‘Tid avenue be was thrown to the ground, while tue leg of que of the horses was broken by falling ito @ hole that was pear the curbsatone. tie now claims damages, attributing the accident to the eare- Jes: nens of the corporation of the authorities. bvi- @ Was adduced to show that no notice hud been the corporation of the existence of the hole in cuestion, and tie complaint Was accordingly dis- Mussed on that ground. SUPREME COURT—CHAMBERS. Decisions, Jndge Sutherland rendered juagment in the follow- My cases yesterday Lindsay Cl U8. King—Default opened and de- Sivent permitted to serve answer on payment of 10 costs. ritod et ai, va. Perry, Jv, &e.—Report confirmed and judgment ordered, SUPERIOR CO Ing an explosive character, SPECIAL TEN. Decisions. Jndge Jones rendered judgmen{ in the following cases yesterday morning: Weckanics’ Banking Association vs, Meeks et al,— Bovon dismissed with costs, sue rland vs. Secor et al.—Motion granted. hertand vs, igosky et ab— Motion granted, if.—Motion granted. Ronen kif et al.—Motion granted, Wash x Pease et al.—Motion granted. Daipberger vs. The Sherif.—Commission issued, Wiliams vs, Wiseiner et al.—Mouion granted with- ©! costs. foorner va, Terner.—Compiaint dismissed, Svwe oe Coygill, Executor, de, et al.—Motion Br anted without costs. Turner vs, Byrne, —Motion granted and referee ap- Pointed, Wade os, Reynolis.—Motion granted and cause reierred, SUPERIOR COURT—TRIAL TEAM—PART I. Alleged Misappropriation. Refore Judge Barbour. Romerize vs, The Kast River National Bank.—In This case, In which the aetion was brought to recover ‘the sum of $22,000, the value of certain United States onds alleged to have been deposited by plainttit ith defendant m May, 1865, for safe neoping, te jury returned a verdict for the defendant, SUPREME COURT—TRAL TEAM —PART 1 Action Against the Corporation, Before Judge Ingraham, Daniet bradien ve. The Mayor, dc.—This was an COURT OF COMMON PLEAS—TRIAL TEM—PART ti. The Case of Color—The Jury Disagree. i Before Judge Daly. Harriet Jacobs vs, The Atlantie Navigation Com- any.—The jury be! ct eysip tere Ar: unable to agree to a verdict Decisions. Judge Barrett rendered judgment in the following cases yesterday morning:— Marlow vs. Home Insurance Company.—Motion denied with ten dollars costs, In the Matter of the Several Suits af Bogart.— Sherig's bilt taxed, MARINE COURT. Partnership Liability=The Doctrine of Merger and Another. Before Judge Alker. Starke vs, Rieckenverg ¢ al.—This was an action brought against defendants on the ground that Rieck- enberg had assumed the payment of a debt due by one Katz, another defendant. It appeared that Rieck- enberg and Katz went mto partnership last Octo- ber, and they signed articles whereby Rieckenberg agreed to assume the payment of the debts of Katz. The action is brought upon this agreement. It aj peared also that fudgment by default was entered an action against Katz. The plaintiff resting his case, the defendants’ counsel moved to dismiss the complaint—First, because there was no joint lia- bility; 1f any, either Katz or Rieckenberg were either solely ilable for the debt; second, if Rieckenberg was liable in the first instance the By opener ob- tained against Katz was a merging of the cause of action, and Rieckenberg could not be held, The Court granted the motion, and the compiaint was dismissed, COURT OF GENERAL SESSIONS. Before Judge Bedford. The Grand Jury brought in a large number of in- dictments yesterday morning. Assistant District Attorneys Hutchings and Tweed represented the people, GRAND LARCENY, Timothy J. Jones pleaded guilty to an indictment charging him with stealing a chest of tea, valued at eighty doijlars, on the 4th of March, the property of Kelly & Lilenthal, He was seut to the State Prison for three years, BURGLARY, James C. Kelly, who was indicted for burglary in the third degree, pleaded guilty to the offence. Ho was charged with breaking into the house of George Moore, 509 Washington street, on the night of the 2d inst., and stealing clothing and jewelry valued ut $200. Judge Bedford, in passing sentence, said that two years ago the Recorder sentenced Kelly under the name of. Davis, and that there were two indictments for burglary pending against him. Besides, his Honor was informed that he had married a respect- able girl and treaved her in a shocking manner. The highest penalty for burglary in the third decree was awarded, which was imprisonment In the State Prison for five years, FORGERY. Adolf Schwed was charged with presenting to Messrs. C. Utatsy & Co., Maiden laue, on the Ist inst., a forged order for sample sets of jewelry, pur- por to be signed by M. Lowry & Co. ‘The’ pris- oner pleaded guilty to forgery im the second degree and was remanded for sentence, ALLEGED WIFE KILLING—JHE PR GUILTY TO MANSLAUGHTER, John Carson, who was indicted jor killing his wife, Was placed at the bar. The indictinent charged that on the 2ist of November the prisoner cruelly beat Kebecca Carson, iniicting wounds upon her body which resuited in her death at their Louse, 608 West Thirty-eighth street, Assistant District Attorney Hutchings made a statement of the case to the court. He accepted a plea of manslaughter in the second degree because the circumstances showed the killing, although cruel, was not premeditated. ‘The prisoner and his wife were very intemperate, and on the night in question she was found m her room in a dying con- d her body exhibiting marks of brutailtv. She taken to Bellevue Hospital and died three hours wards of compression of the brain. ‘The phy- sician had settled in the Southwest, und his testi. ony could not be obtained. Judge Stuart, the counsel, satd that he had only to add phat the deceased was so mtemperate that she pawned her husoand’s and children’s clothes for hquor, Jndge Bedford, in passing sentence, said:—Carson, you have been indicted Uy the Grand Jury for mur- cer in the first degr Aiter a careru! consideration of the testimony the District Atio ney I think has very properly taken the plea of manslaughter im the second degree, which covers your crime. It appears that there was no premeditation about it; but Te ap- yeurs that you kicked your wife to death, which is a NER PLEADS wing (perhaps without premeditated design) m a cruel and unusual manner, think ail the clemency that your case deserves, has been meted oat to you by the acceptance of the plea oi mansiaagiter. it ts, as the District Attorney truthfally remarked, lquaor Uhat has arraigned you here at this bar to answer the terrible accusation of killing your wife. it be- comes my duty to set_ an example to every one who gives way to the passion for drinking. I hope that the punishment that I shall mete out to you may prove a warning and an example to others who lead an intoxicated lie. The seutence of the court is that you be confined in the State Prison at hard tabor for seven years, being the fall penalty the statute will allow me to napose. ROBBERY. Mr. Furlong was tried and convicted of robbery tn the Orst degree. Daniel Buckley, a sailor, testified that on the night of the 24th of February, wine he Was passing through Batavia street he was assaulted by the prisover, tn company with others, aud robbed of a gold wateh and ten @ollars in money, He posi- ively wentified the prisoner, Tae Judge, in passing sentence, sail that the prisoner had @ bad reputation and that le was con- nected with a set of reckless men who robbed honest sailors, and he understood that there were bullies in the court room who threatened to beat the com- plainant if he tested im this case. He tenced rurlong to the State Prison for twelve years and six montis as @ Warning to the buthes, FIST DISTRICT CIVIL CouRT. The Opening of Charch Street Up Again. Before Judge Quinn, John P. Parkes vs, Albert Mergel and William La Marsche,—This proceeding was brought to dispos- seas the defendants from the premises No. 188 Ful- ton street for non-payment of rent, It appears from the sworn aifidavit of the plaintiff that he leased the premises in qiiestion to the defendants for the term of four years and eleven months, commencing June 1, 1807, at a yearly rental of $1,800, payable montniy in advance, and they ase now indebted to the tand- lord in the sum of $150 for one month’s rent. The amMdavit of Albert Mergel, one of the defendants, sets forth that on the 20th of December, 1867, the Supreme Court confirmed the report of the Commis- of Estimate and Assessment for the ton of Church street Ww the Battery, coniirmation and adoption vested the e which fitie to the premises so occupied by the defendants in the Mayor, Aldermen aud Commonaity of the erty of New York; that the ueponent is ready and w | ing to pay any ren: that may be due on sald pre- mises to any person or persons properly authorized to collect and receive the sames and the deponent further ayers that the adoption and confirmation be- jore mentianed ied and terminaved any and ail ns existing between the plaiutit and the de- fendants in this suit, and denies that Jolin P. Parkes Is the landlord of said premises, and every other al- legation contained in said Parkes’ aftidavit except as hereinafter stated. Counsel on both sides having argued the case at some leugth the Judge took the papers and said he would render a decision at an early day, Piaintif’s counsel sabmitted to the court for its guidance the printed points In three cases—two of which were tried in the Supreme Court and one m the Superior—bearing more or jess on the case at bar and the widening of Church street, The cases referred to are:—The People ex rel. the Gould Ma- chime Company vs. Abraham D. Russell, City Judge; Theodosius Strang vs. The New York Rubber Com: pany, and the People ex rei. James K. Spratt vey Abraham D. Russell, The case here peuding involves also the decision of the question whether the moneys awarded to owners on the assessment map for the extension of Church street are payable by Comp- trolier of the city before the Common Council orders (he bulidings takea down, COURT CALENDAR—THIS DAY. Usiren Stares District Cocrt—tn Api naury.—Before Judge Blatchiord.—Nos, 137—W illiam Coleman vs, Steamship Leo, &c.; 122—-Robert A. Kenner vs. Propeller ;Nupha; 188—Benjamm F, Voorties vs. Steamahtp Champion; 180—Steamer Oswego va. The Corn Exchange Insurance Company; iv2—Charles N, Shephard vs New York and Vir- gina Steamship Company; 196—Gilbert F. Darling vs. Schooner Mischief; 194—William Kerr vs. The Seamer Columbia, . GOUNT OF GENERAL BRSSTONS.—Before Gunning 8. Bedford, Jr.—The People vs, Maximilian Muner, homicide; Thomas O'Donnel, rape; Robert Roab, rape; James Haley, robbery; John Hudner, robbery; Siena Gannon, rgtar ‘ayne Griswold, obtain- ing goods by ; George King. ne larceny? John Thomson, nd larceny; am Holmes, grand larceny; Alfted Owens, alias Alfred Jones, burglars; John Collins and James Sinith, felony and aswault and battery. | Was the scene of a fearful tra; ‘The Weataen YESTERDAY.—The following record will show the changes im the temperature for the Past twenty-four hours, as indicated by the thermo- 46 seeeeee AT A Lance Merror.—At thirteen minutes after eight o'clock @ bright meteor of an emerald color suadenly shot into the here at a point ten degrees northeast of the silvery dow star, and, moving rapidly towards that star and twelve de- grees beyond it, as suddenly disappeared. Tue PRINTERS’ STRIKE.—The employing book and Job printers met yesterday at the Astor House to dis- cuss the strike. Reports were received from all the book offices, by which it appeared that there is but one office m much need of more compositors. All others are me lied. They consider the strike a8 virtually end their favor. D&ATH OF A STATION Hovsi*L.onGEr.—On Wednes- day evening John Jackson, @ colored map, thirty years of age, applied for lodgings at the Fifth pre- cinct police station and was shown down stairs. Yesterday morning on one out” the lodgers Jackson was found to be dead, Coroner Rollins was notified to hold an inquest on the body and the jury rendered a verdict of death from consumption. Fike IN EiGury-Fourtn Srreet.—At one o'clock yesterday morning the frame stable on Eighty- fourth street, near Third avenue, owned by Corne- lius McGuire and occupied by C, M. Piper, took fire and was partially destroyed. A horse, wagon and harness, the property of the latter, were burned. Mr. Piper’s loss is $325, that of McGuire $400, upon which there was no insurance. It 1s believed that the fire was caused by an incendiary, THe Dey Srregr Casvacry.—Coroner Schirmer yesterday held an inquest at the Coroner’s office in the City Hall on the body of Frank R. Walker, the man who was killed on Wednesday by falling through the hatchway of prtmises 42 Dey street, owing to the breaking of one of the ropes of the dummy.» The jury found that deceased came to his death by injuries accidentaily received,’ ‘but re- commended that all owners, lessees or occupants of buildings in which steam elevators are used exercise greater precaution in their care and management.” Deceased was fifty years of age and @ native of Scotland, THe NEW SuBMARINE LIGHTING APPARATUS.—The first experiments with the submarine lighting appa- ratus invented by Mrs. Devoe, which were had some days ago at the residence of Dr. R. 0. Dore- mus, were fully described at the time in the columns of the HERALD. Last evening these expe- riments were repeated before a larger number of guests, again at Dr. Doremus’ house. Among those who witnessed them was Admiral Farragut, who ex- presse‘l doubts as to the present practicability of the apparatus unless the management of the reflector and of the tube be completely subjected to the will of the observer, which, owing to the flotation of ves- sels, he believed to be quite dificult to obtain, BURGLARY IX THIRD STREET.—Yesterday morn- ing burglars effected an entrance to the shoe and boot shop of William Wolf, in the basement of No. 54 Third street, and carried off about seventy dol- lars’ worth of boots and shoes. The thieves se- cured an entrance by unlocking a padiock and fore- ing the fastenings of the main loc! it is sup- posed that their design was to work through from the basement io the residence of Mr. Clark, livery stable keeper, who occupies the other failing in which they paid their attentions to Mr. Wollf’s pro- perty. Captain Mount's officers (T'wenty-seventh pre- cinct) have the case in hand, and for Mr. Woltt’s sake it 18 to be hoped they will secure the arrest of the thieves and the recovery of the property. DRILL OF THE Eienry-rourtaA ReGmMeNtT.—This regiment held a battalion driil last evening, corner Fourth street and Broadway, Colonel Conkling com- manding. The only company which appeared in the new uniform was that of Captain Atkinson (B com- pany). The more important movements of the school of the soldier were gone through in a way which was not quite as satisfactory as they might have been. The men were not very atteutive during the drill, owiug probably to the fact that the room was smail that talking a great deal in the rauks rend the evolntions all the more easy to be executed. ‘The Fighty-fourth 1s a very fine body of men and can with care be made one ‘of the leading reviments m the city. The resvonsibility Hes with the oftcers, and when they do their duty the men will certainly not forget theirs, SeRiovs Fianr ox Surpnoann.— Captain Hartt, ofthe Harbor Police beat, while craising in the bay Yesterday afternoon, about half-past three o'clock, observed the colors on board a_ brig Yr Ellis Island fying Union down. On ranging along- side she proved to the Moses Day, Captam Loud, bound to Carde Captain Harit and roundsman Stewart unmerdiately hoarded the brig: 18. brig and fonnd the steward, Jolin Wilkin, in a helpleas condition from having been beaten by three of the seamen, named John Quinn. second mate; Damel Desmond and Patrick Medrath, The steward’a head was badly cut perfectly horrible appearance, 1 were 4 @ infuence of iqu wordy quarre! tife steward had threatened them with a pist The priso ned to await vhe result of the injurie wounded man. (E past one yesterd: building. corner of avenue, was discovered on fire, re Department the greater part o1 the premi- yhich were owned and occupied by James Nettles, as a rectifying distillery, were enveioped in flames. The building, together with tia contents, machinery aad Oxtwres, was entirely destroyed, it volving a lass of $6,000. The amount of insur was not ascertained. The fire extended to the two story frame building adjoinng, owned a occupied by Patrick Moore, which was also qui devoured by tse fiery t. Damage which is not covered’ by of surance. A two story frame house, occupied by two fainilies and owned by Henry Tiernan, sustained damage to the amount of $800. The Jos< on furniture was about £200, This butiding was insured in the Man- hattan Insarance Company for $1,000. Fire iN tue Evererr Houst.—About fifteen min- utes betore eight o'clock yesterday morning it was reported to the fireman of the Everett House that a barrel of alcohol located in a closet was leaking. Taking a candle, and accompanied vy an attendant, ne entered the place, when the fame of the candle ignited the escaving alcoho’ and an explosion toi- lowed. The atarm of fire rang through the halis and corridors at once and 4 great commotion followed, Some were so terror stricken that they did not move; others rushed to their rooms, hastily collected their soiled linen, packed their trunks and valtses and prepared for a hasty emigration without waiting to liqutdate their bills, The assurances of the clerks that there was no danger quieted their fears, and in a few minutes, when the firemen bad got ou several streams and the danger of a general conflagration had passed, the guests regained thetr former com- posure and decided to continue patrons of the exteb- hshment. The damage to the buildmg and stock is becween $3,000 and $4,000, witch is 1ully covered by insnrance. and presented a ears the parties r, and di Y-NINTH STH morning the thvee story At half. frame ty-ninth strect and Eleventh POLICE INTELLIGENCE, A CONFIDENCE OpgRaTion.—Captain Petty and detective Field, of the Fifth precinct, yesterday bronght before Justice Hogan a man giving his | name as Henry Giffora, whom they had arrested on acharge of grand larceny. On the Lith of November jast Wiliam McDonald, ar unsophisticated foreigner, Was accosted on the corner of Washington and W atts streets by an unknown mau, who employed him to o to California aud to take care of some horses on ard the steamer during the When the stranger had fully gained the cont ve of McDonald Gifford appeared on the scene of action, and oned to pay the wnknown pian a bill he owed him. hey, of course,+being unable to make change, appealed to McDonald and asked if he aad any money. Unfortunatety for him at that time he sixteen English goid sovereigns, and was verdant enough to hand over the shiners to the Man who bad been so kind as to provide him em- ployment and a passage to the land of gold. The stranger in turn gave the com to Gifford, aa is alleged, and the next thing for the sharpers to do ‘was to escape from the presence of their victi This was speedily managed, and McDonald finding him- self Neeced ried his joss to Captain Peuty. Cif- ford of course fled from the city. and but recently returned, and yesterday fell into the clutches of de tective Flea. ‘Most of the time since lis"toss MeDon. bad ng @ ition procured for him by Captain Petty. — x MURDER IN lowa,—The city of Muscatine, lowa, dy on the sth tust., caused by the murder of Dr. Christian Hershey, oe of the most respectable citizens of the place, and a physician of wide practice. A despatch from that place recounta the following particulars:—The doctor owns @ farm about three miles from tne city, on Mus catine Island. A German by the name of Mowery, living near by, has given doctor a great deal of trouble. ey have had several lawsuits, and within @ year the German had killed several of the * and otherwise behaved badly, This morning Dr. iershey went in a buggy to the German's house, accompanied by Mr. Scott, Marshal of this city, and a constable of the township, to levy on some pi ty for whe sat isfaction of a judgment the Doctor had recov. Mowery in one of them suite, Near the house they met Mowery, armed with a shotgun. A dispute arose, and itiy Mowery aimed his gan at Hershey and ‘whole contents m his aide, not being distant him ten feet. | The doc- tor died jn & few houra, There were Haceees, of Before the arrival | A Full Disclosure of the Inner Workings of the Inatitation—Inhuman Treatment of the Immatee—The Sick in the Hospital Beaten and Otherwise Multreated—Ineufficient Food and Clothing—High Life Among the Of- clale—The Way the Money Goes. It may not be generally known that the institution known @s the Sailors’ “Snug’? Harbor was originally founded on the last will and testament of Robert Richard Randall, made the first day of June, 1801, ‘wherein he nominated the Chancellor of the State of New York, the Mayor of the city, the Recorder of the city, the President of the Chamber of Commerce, the President and Vice President of the Marine Society, the Senior Ministers of the’ Episcopal and Presbyterian churches of the city, and their success- ors forever, his executors and trustees, De Witt Clinton probated this will and David Gelston and Sylvanus Miller were the Surrogates who made the document a@ matter of record, The Legisiature of rébruary the 6th, 1806, made these executors trus- tees of the Sailors’ Snug Harbor, with power to make the necessary proper rules and regulations for the government of the Harbor not inconsistent with the laws of the United States and of the State of New York. The act was amended March 25, 1814, giving the right to the assistant ministers, in case of sickness or the absence of their elders, fo act in their place. The property donated In the will con- ‘tains 21 acres, 1 rood, 34 perches and 182 feet on Broadway, between Eighth and Thirteenth street, ranning east of Broaaway, 80 as to include Stewart’s grand store, and four lots of ground also in the First ward of this city, besides $723 in three per ,cent stock, $6,430 in six per cent stock and fifty shares in the Manhattan stocks. In May, 1831, the corporation purchased 156 acres of Jand where the buihiing is now located on Staten island, bed COMPLAINTS OF TIE INMATES. For along time the inmates of the Harbor have complained wnat the agents of the corporation were pes ite funds In such a manner that the aged, de- crepid, disabled and worn-out seamen in the insti- tution were deprived of the necessary healthy food and clothing, and that the hospital was In a scan- dalous condition, and that the food produced disease and caused death, in some cases, among them. DISPROPORTIONATE MORTALITY. ‘The hospital, it appears, generally contains from sixty to mee patients, and the rate of mortality has been usually sixty persons daring the year. FACTS DEVELOPED BY EXAMINATION OF WITNESSES. One witness who was examined by deposition in the case of “William Belcher vs. the Sailors’ Snug Harbor,” gives a rather painful picture of the man- ner in which the Inmates are treated. He states as follows:—l am a sea captain and sixty-one years of age; I have followed the sea thirty-five years; have been an officer and master of vessels twenty years; am an inmate of the Harbor six years; they never had = any fruit at the Harbor for the wen; there was very litile sweetening or milk in the coffee; the cofee and tea are generally of a very inferior quality; the tea there is especially bad; we could not tell whether there was any sweetening in it at times; the pork was very poor; it 1s often rasty; at times this pork is cooked with dry peas for Friday’s food; I have never seen any fresh pork at the Harbor, although there were 300 hogs raised there and soid off the place; there were eleven cows kept on the Harbor grounds and [ bave never had a picce of fresh veal of any kind; the beef, as a general thing, whether fresh’ or salt,’ was of very poor quality; oftentimes it was tainted; it was refuse beef sent there in scraps filled in two baskets daily that came from the odds and ends and chips of the butchers’ stalls after the good pieces had been sold; K and jore shoulder exc: never had any beef from the hind quart never seen any baking pieces, or ribs or chines; the roasting pieces of this beef were generally otf the neck, next to the horns of the animal; I tiave seen occasionally a piece of beef that cat and tasted pretty fair; this has peen so since the new governor, Thomas Melleville, came into the Harbor; the mutton furnished is generally of very poor quality, and when sent into the table cold for a relish tt ts not fit for the dogs to eat; it smells many times very badly; there are some septions; the mutton is made up generally of bones end ribs, and comes from the fore quarters; { have never seeu a hind quarter of mutton on the table at the Harbor; I have never seen any muttou chops at table; Ihave never seen we butter in the Harbor that was fresh but once; the rice used was not what it should be; it is olten mixed with sour Zante currauts which are damaged; as to iresh fish, oysters, clams, mackerel, lobsters, salmon, codfish, shad and such like I ne: bave xeen any in the Harbor since I have been the! the lamates formerly bonght fresh fish, steaks, eg: frat and sea food und cooked ‘em in chaling dishes themselves, waich Was a great im- provement on ihe wethod of living at the Harbor; Thomas Melleville has put a stop to this and forbidden it; we never got any fruit or apple pies or pies of any’ kind: we have vot had botled turnips on the table si file came there, nor bolted onions; during last year we got frest strmg beans three or four times; we had fresh beets set on the we; We never had carrots set dn the table as a dish, nor caulifowers, nor cabbage, nor watermelons, nor peaches, nor apple: i or fresh; in the sammer and spring poor potatoes; in the fall we get new potatoes raised on the Harbor grounds: they are smaii and seem sorted over, aud the largest are sold out of the place; the Cooking 4 illy conducted and generatly very poor, and Not such as to make healthy and eom- jortable food; the food 18 badly cooked and unfit to quality of the four used at the harbor second und Utind qaality of flour; sometimes Lhave the. second quatit jiour used, whieh was pretty soo ny first quality flour there; as to the quantity of rations tere has never been, to my_ Knowledge, Btly of provisions furnished that was equal army and navy rauons of the United States: the quality of the sugar and molasses i rate ut any thine: the molasses ix set on rice pudding and generaliy bor and taken away from the stock or cattle kept at the Harbor; f have scen a member of calves driven away trom the Harbor and was told the former gov- ernor sold them; at one time quite a number of cows were driven from the Harbor; the report w. the hogs were sold out of (he Harvor and Lh, them taken away from the Harbor mys large timbers cut dowa on the grounds and carted away with double teams; there were two carts ran- uing; these timbers were used to build docks in New | York; wood has been cut of the Harbor aud takep | away. | SHAMEFUL TREATMENT OF HOSPIEAL. ‘This witness coutinues:—As to the hospital treat. ‘ment | must say | ave never been in the Hospital except a4 a visitor: as such | have been there fre- quently; the hospital n sunelied very bad; gen- erally the patients have not been provided’ with comforts as they ougit wo have be nes# seems to have heen neglected; the nurses were not competent for their tasks, with some exceptions; from What | have seen the sick ip tie hosprial and the Inmates of the Harbor did not have, either in quantity or quality, food enough to make thei rea- sonably comfortable or to preserve their health, and according to my understanding te whole manage- mentof the hospital stows that it 18 one of the most rascaliy couducted institutions [ have ever seen: this | Bay as a gi : there is great negh by the physictat Hon the doctor wi 1 was sick; he tole me to cal! at the hospital the next morning; he did noting for me; such is tue general bad management of the ‘bor; but it makes me sick to say What l have seen going on; we never have had any toast, or milk toast, ur ship bread. or crackers, of cheese set on our table; at one time, THE PATIENTS IN formerly, for @ snort time, im had cheese, but it was stopped; has been served up with motumses within a few weeks jor a pudding; the clothing of the Harbor ts uerally of a poor quality; I have had an overcoat furnished; the inmates never 4 overcoats furnished them for the winter; the ea were stopped wo early period tn the spring and not IM im the Murbor until late ja Me fall, and the old peopie suffered irom want of common fuel aid heat; the clergyman has a domain of from two to four acres of ground around his house; the same with the doctor and the governor; cach of these has # large garden dilled with traits and delfeacies, and none of the inmates of the Hafbor ore allowed to touch «& single thing; at one time som ercoats were furnished the men; these were sach as belonged to persons died in the harbor; all theetime that | have nished With outfits and provisions a® those are at tue harbor; as a general raie the Harbor provisions are much inferior to those of sea-going vesseis; Mr. Sinich were turned out of the with other pers “aptain the street because he would Harbor last sun not go ft vo work in the hot weather; he Was ruptuged: so was Cap- tain Barlow turned out because he would not go Inte the Melds to work; men are very sum- martly ejected from the flarbor; they are first put under a “taboo” irom & week to two months’ time; this “taboo” deprives them of going ont of the Hapbor at all on business, of work eir trades: of making mats and blankets and of getting fresh proviai to eat outside; there were one or two of ihese inmates that were turved into the street who tHied in the poorhouse in Richmond county; the pro- visions furnished the — fre the same as those furnished the table of the Harbor, except there is some chicken soup given the men. ANOTHER WITNESS testifies that the chickens when worked Into soup were stale in the hospital, and oniy one chicken was allowed for twenty-eight gallons of soup: he had seen the former governor sell of in the fall, in the month of October, 1,000 bushels of potatoes at one time, which the poor inmates of the Harbor and cripples had been forced to hoe and raise during the hot weather; the fires were put out on the ud of March, in thé spring, and seventy or elghty old men, some of them seventy to ninety years of age, were left cold and shivering for want of lynening the assassin, who was I tn jail. Dr. Hershey always paid great attension to agricultural mations and He rateing of warmth for five or six weeks; especially they sudored the storms: on the south end of the butting the were put out on = 2d of March, and on the north end the 16th of March; the men needed dree Waddl the int of May tA order to be com ‘otoer witnesses testify that asa general rule they did Hot have @ tabiesyounial of mul a day jor the for he had been importing, buy! article himself and knew all generaliy mixed with refuse eae other offensive substances w! OW, (Anpiner Witness teastaes tint a he mag seen barrels of eggs brought down to the 4 and scullions of the kitchen took them out of the barrels and carried them away in baskets to the city for sale. Another witness testifies that he was employed by De Peyster, the former governor, to weigh hogs alive, after which they were sold out of the Harbor. Another testifies that there were 400 fowls kept in the Harbor, and he never had seen @ boi ora fried egg at the table, while the oificials had full range of ali the chicken coups and barn y: Another, that he had seen buttergbrought in tubs Re Biewes and carried off from thence in the t time. other, that the best soup found at the Harbor Was made of dried Canada peas with a smal amount of poor pork mixed with it; he has never seen ickles, or sauerkraut or raisins there, and there ad never been a beef steak put on the table since he had been in the Harbor, a period of many years; neither did he see a mutton chop, or roast chicken or broiled chicken, or turkeys, geese, ducks or fowls of any description, except last year they bad poul- try for Thanksgiving and Christmas. Another testifies he had heard tie governor say that he had got tato a situation now wiiere he could make money; onan average the doctor was not in the hospital for more than thirty minutes a day, and many times not fifteen mmutes; the hospital tn- mates have never had any wart or cold baths, although there are bath tubs in the building, which have never been used except by the doctor: at one time the present doctor was absent and left Dr. Van Rensselaer to take charge of the hospital; Dr, Van Rensselaer, on the resident peat return, ia formed him that every kind of medicine he had in the hospital oughi to be thrown out of tue window, as it was not fit tor use, Another testifies that he has seen the men most sbamefuily beaten in the bospital, and neglected and lying in their filth; that afterwards he saw them die; that he saw men who were paralyzed and in the last stages of existence maltreated by blows and human excrements mopped up and dashed into the Jaces of the sick; that during the last stages of life many of the patients have been shamefully neg- lected both medicinally aud spiritually, and as re- garded nursipg. ‘The trustees themselves seldom appeared at. the hospital personally, and therefore, it is al- leged, knew very little about it, The whole affairs were first put mio the hands of an executive committee, who devolved the entire business on one of their number, who in turn transferred the management into the hands of we agents at the hospital. ‘The witnesses generally testify that during the heated term of last summer ail the men were called upon to go into the flelds to work. Two were struck down by the sun in the field, one was taken with bleeding of the lungs, one died the next day after he came out of the fields, and a colored man by the name of Abraham, who had been sick for many years, aiso died next day after working in the ficids. THE LABOR QUESTION. Another Strike. Yesterday morning the laborers employed on the block of buildings now in course of erection in Sixteenth street, between First and Secona avenues, struck for an advance of wages. They have been working for $2 25 per day, and they demand $2 50. The employers refused the demand, and the men immediately threw down their hods and departed. ‘There were about 200 laborers employed upon the jop, and as the bricklayers and plasterers cannot work wittiout the iaborers, the job wiil stand still until the difficulty comes to anend. There,were great many speeches made yesterday urging work- ingimen to displace those in power, who neglected to guard the tterests of workingmen. Also advocating: the establishment of a “gorinemen’s party.” ‘The following resolution was adopted:— Resolved, That this committer, as the Workingmen's Union, to instruct their Committee’on Mass Meeting to re- port the names of two persons from each ward to compose the Workingmen's General Committee, subject to the ratiti- cation of the Cooper Institute meeting, and that said com- ¢ have power to farm Labor Leagues in thelr reapective F the expreas purpose of electing workingmen to the workiugmen’s interest in all braaches of our government. A “WORKINGMEN’S PARTY.” A New Political Movement—Meeting of the ‘Trade ion Delegates—Arrangements for the Gathering on the 23d, ‘The delegates appointed by the various trade soct- eties to visit the Common Council in relation to transferring the city printing, having terminated their Jabors at the City Mall, held a meet- ing yesterday afternoon at Sweeney's Hotel, to make arrangements for the contemplated mass meeting at the Cooper Institute. [t was agreed that ; their cleanli- | the meeting take place at the Cooper Institute on ‘toesday, March 25, and that two stands be erected outside the building—one for the use of English, the other for German speakers. No tax is to be vied on the trade socicties attending; they are to subscribe whatever sum they deem prudent, ‘rhe Brooklyn trade societies have not yet been invited to co-operate with thelr New York brethren, but the committee intend doing so. BROOKLYN CITY. THE COURTS. SUPREME COURT—CIRCUIT. * Careless Driving—Actioa for Damages. Before Jadge Gilbert. Laurence Clark, Sr., Administrator, vs. John J. ityder.—The som of the plaintiff, a lad eight years of age, while waiking, in May last, in Underhill avenue, was ran over by a team belonging to defendant, and driven by a man tn his employ, and so mach injured that he died on the oth of June foliowing. The de- fence Was concurring negiigence ou the part of the boy. The evidence showed that when the boy was tirst seen by the driver he was gomeg in the same di- rection as the team. The boy attempted to cross near the corner of Bergen street, wien, just as be had stepped fromm the curbstone, the driver wheeled ound the corner aud knocked him down, It also jppeared by the evidence for the plant? that the wagon was being driven at a rate so rapid as to give rise to the impression to persons standing buta short distance off that it Was a rapaway. The Court arged that the defendant was liable for the care- lessneas of his employé, and that it was not careiess- is on the part of the child’s parents to allow th» child to be on the street atone. The child was beun t to the same degree of care to which an ordinary prudent person would be hell. The cause of the cid’s death was a question of fact for the jury. Verdict not yet remlered. BROOKLYN INTELLIGEYCE. Loan OF SUrERVisoRS.—The Kings County Board of Supervisors met yesterday afternoon, W. J. Us borne, chairman, presiding. The draft of an act ior presentation to the Legisiature, authorizing the lay- ing out of roads through the county towns to con- iérm with the principal streets and avenues leading out of the city of Brooklyn, was taken from the jable, The Supervisors desire to connect the city with the shores and bays on the south side of Long Island by means of roads not less than sixty feet nor more than 100 feet in width, An amendment was offered to the effect that the Pres ident of the Board and five county members be constituted a board of commissioners to lay out the roads aud assess the damages. This was agreed to and the act as amended was adopted. A remonstrance against the passage of an act now before the State Seuate, making the expense of improving Third strect a general charge upon the old 1 7 of Brockiys. iustead of a local charge upon the perty beneilied, was presented, Some of" the pote gpd owners have alreacy patd their assessment, and if this act is passed a ain of their money will be refunded. The Board adopted a resolution protesting against the passage of said act and di- recied the clerk to forward the same to the members of the Senate, The draft of an act Jor presen- tation to the Legislature, which provides that the Sheri should not confine in the county Jail any person arrested upon process in civil action until the manu or person upon whose application said ar- ‘at ig Made shall pay the sum of twenty-five dollars and alike sum every twenty days that said debtor is so confined, Was presented by the Law Committee, This act ts to take effect immediately. By a resolu- tion the janitor was directed to display the fags on the County Conrt House on St. Patrick's Day, the 17th inst, No further business of importance was transacted, THe LINCOLN MONUMENT.—A meeting was held by the friends of the Rev. Henry Ward Beecher on Wednesday night, at the residence of Mr. C. B. Camp in Columbia street, their object being to take some action in relation to the erection of the proposed Lincoln monument in Washington, D. ©. Mr, Corkhill, the general agent of the Monu- ment Association, was present fn deacription of the monument. It is bs ‘con feet in Lay an said, and surrounded Kev. Henry Ward ‘her aud Bishop Sim tw Positions in tho*second group. of the , W. Bellows will aiso occupy ® tion im \ 4 the groups, and = friends sre al The edn requitea from the frends iar, Beecher is to to liege plete Senate Sty ace Dot th Jn selecting for such & position | ‘Resolved, That this agreement will "Rnalved, dmamediate neighbors pete ree ant ‘erly and humaalty by securing prompt contributions | Bevcher taiue fund Mr. C. B. Camp moved that the gentlemen be appolnted the committee to tributions:—Messra. M. K. Moodie, Lorin Palmer, Nathan 0. B. Coombs, J. F. Couklin, ', G. Sherman, A. D, Wheelock, Weld, R. D. Benedict, J. B. Murray E, E, Bowen, H. C. King, ©. on Bennet, A. Fitzgerald, J. A. Fowle, H. EB. M M.D, and M. ©, Ogden. The col ittee Was 7 pointed, On motion of H. B, Clatiin the name of Mr, E. A. Studwell was added to the committee, and Mr, C. B. Camp was appointed treasurer, * Tue East Rivex Bripce.—The poard of conanit- ing engimeers of the bridge company held their fina) . meeting yesterday at their rooms at the corner of Fulton and Front streets, Brooklyn, They have carefully examined Mr. Roebling’s plang and theo- ries and have concluded to efidorse them. They de- , clded that there was nothing impossible in the butid- ing of a suspension bridge of a span of 1,600 feet, though it had never before been attempted, of suspension erection was traced from Boo feet bride span of Europe to $00 feet in the Niagara bridge. From this the span of 1,057 feet had been attained by Mr. Roebling in the Cincinnatl bridge. ‘he board of TS agree not only 1s span of 1,600 feet, but even double as great a 8 was feastble. The engineers found no difficulty in the span; but the erection of the two towers on the brink of a deep and. rapid river was a problem requiring careful study. On the Brooklyn side there was a sal mi of boulders, which the current would not act “pon or wash away, and here a firm foundation would readily be obtained. But oa the New York side the ‘foundation would have to be laid upon’ a quicksand. The borings, however, showed this sand to be vi compact, almost to the hardness of rock, ine borings showed that this sand was not of # recent de; it. but the original decomposed rock, which jain for num- beriess ages just where it is now. The en- croachments and shore projections va- ried the current and increased its force, but the effect upon the soll has been ‘confined to midchannel, which has deepened in some places as much as eight or ten feet. ‘Yo guard - against any change of the bed of the river by the current Mr. Koebling is willing, if thought meces- sary, to dig as low as 107 feet below low water mark down to a solid rock fora foundation. The Board thought this unnecessary. Mr. Roebling proposes that fhe area of the foundation shall be 165. Toot long by 100 feet broad. This area will be composed of huge timbers resting on the sand and bearing the masonry work of the tower upon it. It was decided that 300 feet high of masonry structure could be safely and unyieldingly erected on such a tamber foundation as proposed. The Board also decided that the bridge as proposed would be perfecily safe from oscillation or heavy gales. The great weight of the structure would tend to its rigidity. The Board have reported to the bridge company their full approval of the pro- posed plans. THE RITUALISTIC WAR IN BROOKLYN. . An Extraordinary Manifesto. For a year past there has been a bitter retigious war raging in St. Paul’s church, Williamsburg, be- tween the Ritualists and anti-Rituallsts, ‘The battle, it now appears, 13 to be decided by an election, and the following extraordinary manifesto has been issued by the Ritualists, It speaks for itseli:— TO THE MEMPFRS OF THE CONGREGATION OF 6T, PAUL'S slersigied be elected aa wardens and vestry- ree os wuts church, Willemsburg, ‘Le Te they individa: aly pledge themselves to carry out the following resolu- dons:— rh a—That the weekly offerings shall always be counted by ‘the icles tie ‘pefore leaving the ehureb, and then handed to Treasurer, and on the tirsi Sunday tb the qwonth to the ‘Sound—That the treasurer herafter be a person distinct from either the senior or juntor warden of the church. Third. That neither the rector, church wardens or vestry- aaa) at yenses bility the indebteness of the pari whi are {ncurrest for the interests of the church, they Sabiy be first sanctioned by the majority of tha vestry. ‘Fourts—That the treasurer be thatrueted to pay, In every instance, the rector’s salary before settling any other account 5 to render u quarterly retarn to the vestry of ail moweys pass- Ing through his hands, and in no ease to assuine the responsi. bitty of cancelling any indebtedness without the antuority of 1e rector, wardens and vest:ymen. ; Pij)—That the Liturgical services, as nol soleranized in thia charelt be eontmued, and no changes in ritualisie eere- monial be introdu Sizth—That e% legitimate means beat once devised for cancelling the indebtedness of this parish, and taus redeem It from the daiiaging impatation of frandulentiy Sacurring debty either by weekly or quarterly subscri olferings to do without forfeiting the right of oceu- oe holt eeexatomed peat in the house of God. A CARD FROM THE BEOTOR, ‘A change in the wardens and vestrymen of the church fe requested by the rector for the following reasons — ‘i Because during the past year tt has been aimos: im- posable to obtain a quorum of We vestry Tor te leslie uaaction of business. “nrond= while be gratefusly acknowlodzen may act# of kindness and liberality from individual members of the veatry, # ,, in consequence of want of Ys h ‘as a corporate body, done little or nothing (or inereasti the bnances of the ebureh in order to meet iis ‘necessary penditures. ‘Turtetecause, should all the members of the present vestry be re-elected as oflicers of this church, the sacred rela- Tionskip which now exists between the recior and the cun- gregation or later, ve sundered. : the rector has been mainly indebted to the undersigned candidates for wardens i nee and peonatl 1d, fa what baa already counsel, sympathy and pecuniary a wi a. Seen done for the interests and of tala perigee . Fisth—-Becuuse the rector bas ‘nod rat eondenco rity, catholieity and loyalty to the Churei $ recommends —beltering them to hold the doctrines of God's word, as inte by ar Ucles and the liturgies of our Church, and rey corrupt en ‘of those doctrines, as enforced by ‘Sizth ct ' ements bs. Chureb of Rome, - Because every * a logitiinate right to designate aa wi and vestrymen of bis of the viestry there may be harmony ‘M. A. W. MAY! Wardene—Gerard W' Ve -Thomas W. F. Ng ear §. Horior, John’ iol A. Dubois Smith, y A oe arose be a travelling or located it vada dsclied thatthe show not be Ce vom located, | This branch of the se) parated uence of a disagreement on the subject of government. ‘There are about forty of churches in New York and Connecticut in Conference. The body will conclude its business on ‘Tuesday next. The entries for the coming races at Jerome Park are unusually large and comprise the best.biood in the land. The Fordham Stakes closed with thirty- tree nominations, the Westchester Cup with nine- teen, the Jockey Club Handicap with twenty-six, the Hopeful Stakes with twenty-four, the stakes for Silics foaled in 1867 with eight and the sweepstakes for colts and fillies foaled in 1867 with seven nomina- tions. Besides, the American Jockey Club have ap- pointed the Wednesday prior to the day of the regu- lar meeting—June 5—as @ match day, when several will be run, one of which 18 for $10,000. ane fe Association have and aa 1H ymin Ss The racing u it the ace. Wi the most brilliant season that ever took have more horses than ever before, and the fleid will ve larger than ever known. The bali will open at Jerome Park, ‘fhe Fashion Course has been heard from. Its pro. prietor has awakened from his torpor and, after ing his eyes, has discovered egy! of ing the t spirit of the waten * Norra Carouina Goud Mines.—Norih throu, her seate hlscorian, makiig i orth for aid