The New York Herald Newspaper, March 24, 1869, Page 4

“NEW YORK CITY. The counTs. UNITED STATES CIRCUIT COURT. The Credit Mobilier War—Transfer ef Hes- tilities to the United States Court. James Fisk, Jr, v8, The Union Pacifle Railroad Company—the Credit Mobilier of America, Directors, éc,—All the process pleadings, depositions, testimo- ny and other proceedings in the above entitled suits were on Monday filed with Mr. John A. Shields, deputy clerk of the United States Circuit Court, The hearmg in this involved and complicated case is therefore removed from the Supreme Court of the State to the United States Cirouit at the instance and on the petition of the defendants. The case will probably be placed on the calendar for the April term, when Judge Nelson will hold court. UNITED STATES DISTRICT COURT—IN BANKRUPTCY. Decision—Order of Arrest by a State Court in the Case of a Bankrupt. Before Judge Blatchford. im the Matter of Solomon Megel, a Bankrupt.— The bankrupt's voluntary petition in bankruptcy was filed December 11, 1867. He was adjudicated a bankrupt on the 13th December, 1867, On the 17th December, 1867, an order was made by @ Justice of the Supreme Court of the State ot New York, in a | suit commenced against the bankrupt on the léth December, 1867, by Leopold Wise and Morris Wise, on the ground that the plaintids in the suit had a suficient cause of action against the bankrupt on @ money aemand or contract, and that the debt was contracted by false and fraudulent representations of (ne Daukrupt, and requiring the Sheriff of the city and county of New York to arrest the bankrupt, ‘The aitidavit and the facts showed a case of a debt created by (ie iraud of the bankrupt, and sucha debt 43, ng section re of bert act, sone not be dis- cha:@ed by a discharge in bankruptcy. it warzied on the part of the bankrupt that the creditors by proving their debt have, under section of tue act, Walved all right of action and suit against hin. That this court must inquire into and determine lication the question a8 to whether the \uon Was im jact created by the fraud of apt. te was hed by this court that so much of section twenty-one of Uhis act as imposes a penalty for prov- ing a debt cannot be considered as applying to a debt which by section 33 is not disc e- able. ‘Lhe order of arreat must be regarded, at least tor the purposes of this application, as an adjudica- tion by tie State courts between the parties to the suitin which the order 1s entitled, that the arrest was founded on a debt from which a discharge in bankrupicy would not release the bankrapts. The decisicn conciuded as follows:— It resuits that the order of arrest cannot be va- cated, nov can the proceedings of the creditors in arrestins ihe bankrupt be set aside. But as the debt sued in the State court by the creditors is a provable .jebt the suit must pe stayed until a detcr- ination is had ag to the discharge; whether the iebt be one that will not be disci The further proceedings of the creditors in the suit must be, therefore, stayed, in accordance with the provision of section twenty-one, to await the determination of the court in bankruptcy on the question of the dis- charge. SUPREME COURT—SPECIAL TERM. The Union Pacific Railroad Litigation—The Books Still in the Safe—The Combination Key—Strange Developments About the Credit Mobilier—Ranning the Machine— Grand Division of Seven Hundred and Fitty- twe per Cent and Great Expectations. Before Judge Barnard. James Fisk, Jr., v3, the Union Pacific Railroad Company.—This case, pursuant to adjournment, came up yesterday. It will be remembered that at the previous meeting the Court directed Mr. T. C. * Durant to produce the books of the company. Mr. Barlow, on behalf of the defendant, stated that Mr. Durant had written to Benjamin Ham, the trea- surer, who resides near Elizabeth, and who retains the combination key, acquainting him with the order of the court. In reply Mr. Durant received a communication from Mr. Ham stating that he would be in New York, but, not having arrived betore the time set down for the hearing of the case, the de- fendants were in the same position. He (Mr. Bar- low) thougat Mr. Ham was unwell. ‘Thomas ©. Durant, the vice president of the com- pany, Was then placea upon the stand and examined by Mr. Field. Q. Since the adjournment of the court have you taken auy steps to obtain the combination of ‘the lock of the safe? A. I have. Q. What steps have youtaken? A. L wrote a let- ter to Mr Ham and sent a special messenger with it. Q. Who was the special messenger? A. One of the boys in the office; I don't recollect his name. Q. Have you bad any communication with Mr. Ham except by leer? A. No, Q. Have you intimated that any other officer of the company should have some communication with Mr. Ham? A. I have not intimated the fact to any olficer whatever. Q. How soon do you suppose could you see Mr. Ham? A. I presume to-day; he will probabiy be in town in the course of the day. Mr. Fieid (en observed that he was very reluctant to again ask for & postponement of the case, He had received a telegram requiring his presence in “itr, McFarlane objected to if ir. McFarlane ol any postponement 0: the cage. He thouglt that if the merits of the case were shown the bill would be altogether dismissed. The proceedings before the court placed his clients in a Verv embarrassing position; and then he was of opinion that upon a motion the court would dis- miss the bill. Mr. Field said he bad received no notice of motion. He thought that a motion to dismiss a bili without notice was something pecullar. Mr. McFarlane replied that it was not half as pe- culiar as the p! ings now being taken, dudge Barnard—! think the proper mouon would be one resisting the adjournment. Mr. McFarlane said he was doing so. He con- sidered that upon certain things u) the mere cali- ing the aitention of the court to the feacures of the bill the court would dismiss it altogether, and he contended that when the merits of the case became known tothe court, no further judicial step could be taken in the matter, His main proposition was that upon this bill as it stood belore the court, the entire proceedings were entirely unauthorized upon it and could not ably be the subject of any judicial action. He drew the attention of the Court to the several pls of the bill, including particularly the eieventh, which referred to the alleged right of the plaintit to be- come a stockholder im the Union Pacific Kaliroad Company. ‘he piainti? said he made certain sub- scriptions by legal force, of which it became the duty of the company to issue to him @ certain num- ber of shures of stock and— Mr. Ficld contended that counsel were not in at- tendance to waste the time of the Court, and the gentleman, he thouglt, forgot that upon a motion to Postpone the merits of a case could not be entered iuto atall., Whetver there was any merit in the bill or not must be decided at the proper time. The simple question at present before the Court was whether the case should be adjourned tll Saturaay next, Mr. McFarlane protested against the adjournment, if it were to eternity as well a8 to the posse comi- tatus now surrouuding the company's premises, Mr. Fieid said there was not the slightest occasion to be thearrical, for tt did not amount to anything, d the motion might as well be discussed in tue manner jawyers usually digcussed such matters. ‘The merits of the case could ot be talked of now, bat the simpie question of adjournment, He thought, ever, whea Ly did come to be dis- cussed (he genticman would have just a8 much as he could do; but this was not the time. Judge Barnard said that the universal practice of the Court had beeu that where the plaintit had com- menoed 4 case tue testimony on nis behalf beiore any motion lor a non-sait can be entertained by the Court, and although motion now made for the dis- miseal of the bili was not a non-suit, It amounted to the same thing. Under these circumstances he did not think he woud be justified in granting the mo- on until such time as the plaintiff or those on the part of the plamtt had exhausted their testimony in this case. At tue present time, therefore, the mo- tion for the dismissal of the bill vould not be eater- Mr, McFarlane referred to the unfortunate position in which his clients were placed under the present proceedings, and again submitted that the bill ought Ww be dismissed. besices, he arguey that the officers NOW If possession Of the company® oulices aud pro- perty were nothing but trespas: The Court thought that the company's safe was all the officers were in charge of. (Laughter. Mr. Barlow said that the company's fe was not all the property. Toe sheriif ana his oMcials were trespassers, uor had the Court any authority to keep them there. le would, therefore, ask the Court to modify the injunction aad Vacate Lie Writ of assist | ance. Mr. Field said there was something in this case | which Was aliaost incredibie, aud of which ve cou | satisfy (he Court in two minutes. He had been fur. | [se with a copy of @ certain bill, in which } lcComb, formerly @ director of the Union Pac Railroad, was (he plainuil, in waich he swore tu Mr. Barlow objected, Mr. Field only wanted to put forward the ment contained in the bill in answer to the ay tion mace by Mr. Barlow to remove the shertil, Mr. McComb swore that the Credit Mobiver was making | the road ali the way, in consequence of which the | Credit Monilier was able to divide 752 per cent. on the capital, and expected to divide 500 more. Mr. | Field was avout to continae the reading of the bill | when Mr. Bariow strongly objected against its being read. ‘Mr. Tracey said there was an answer to it. Mr. Field said he was only reading the statement | of Mr, b, a director of the Paciic Raliroad, in | reply to Mr. Bariow’s application for the modifica NEW YORK HERALD, WEDNESDAY, MARCH 24, 1869. saturday nest at twelve oclek, ns nex! ve Counsel for plaintiff, Mesars. and Sherman; for Seton, Messrs. McFarlane, Barlow, Allen, Clark, Bell Allen. Further Revelatiens-A New Rare Disclosures About the Working ef a Railroad. James Fisk, Jr., has filed a second supplemental complaint, averring that since the frst supplemental complaint he has been informed of the following facts:—That some of the defendants resisted the ser- vice of the previous injunction by violence, and did, notwithstanding it, proceed to hold an election; that the defendants have applied to Congress to legalize their action and to oust this of i jurisdiction over them; that the Credit spent ita assets and has no defenden' 3 1 i i cll Hi: Fy iH 5; ae # 5 3 A Sad contracts wi this be the and the terested therein made by themsel’ own benefit; that the been di among ‘ 53 eeeeee ; 8 panies have conspired to it the plaintiy Naving access to them, ‘The af then prays for additional relief and a new injunction beyond those met nt oth a, Commenced July term, 1863, merica a iu now pending in the Supreme Court f Pennsylvania, which copy is duly certified by the Chief Justice and of said court; that the said McComb 1s now and was at the time of mak- pS Ba earl he lpg of the Union Pa- cl ee en ee believes him to be well acquainted with the uifairs of the Credit Mo- biller of America; that the sixth paragraph of said complaint is as follows:—The Union Pacific Rallroad Company, @ corporation organized under an act of pa Bae ben oe your orator peg ich ia refer; privileges, powers, lands je and liberal measure have been bestowed upon sald gress to the end that it may con- operate a line of railroad and westward to where it may connect with another railroad com! east mm the lc coast, The Mobilier of America, under lawful contracts and managemen' ts, authorized oe charter, has constructed nearly the whole of work up to this time done by or company, and is bound by its agreement to do much more. In this work the said ratiroad com has bound itself to pay to the suid Credit Mobilier a compensation large enough to'make the employment exceedingly hg fitable. In cot uence thereof the said Credit Mo- bilier has been able to divide among its anareholders dividends consisting of Onion Pacitic Railroad Com- pany’s bonds, Union Pacitic Railroad Com) "'s Stoek, and cash, amount in the ite to 752 cent on the capital of the said Credit Mobilicr, paid in a8 $752 per each share of $100, There 1s still al surplus undivided of profits already made, equal, as your orator believes, to at icast 500 per cent of its capital, and the said capital itseli, or any part thereof, has not been used nor expended or lost in the business of the company. The capital of the satd Credit Mobilier of America is worth, and as your orator believes would seii in any market where its ae. value is known, for at least $600 per share of Judge Barnard then granted the following injunc- tion:—it appearing satisfactorily to me, by the aili- davit of ward Ensign and by the second supple- mental complaint herem, daly verified by the plaiu- tif, that sufficient grounds for an injunction exist, I do hereby order that the defendants, the Union Pacitic Railroad Company and the other defendants, refrain from receiving irom the United States any bonds or grants of land and from tasuin; mort- gage bonds or land grant bonds; and I do furtner order that the said Union Pacific Railroad Company, the Crédit Mobiller of America and ail the other de- fendants in this action, their officers, agents and servants, refrain from removing out of this State, or from the ofices or rooms where they now are, the books and papers of the sald two companies or of elther of them, or any books or papers relating to the contracts mentioned in the said second supplemental complaint, or any of such books or papers, and from preventing or binding the plaintuf from examining the said books or papers, or any of them, until the further order of this court, and in case of disobedi- ence to this order you will be liable to the punish- ment therefor prescribed by law. SUPREME COUST—CRCUIT—PART . Action Agnuinst a Bank. Before Judge Peckham. Henry Verhuven and Charles Knoblanch vs, The Manufacturers’ National Bank.—This was an action of replevin to recover the sum of $5,000, the vaiue of a treasury certificate. It appeared that on the 14th November, 1867, @ treasury gold certificate was stolen from the plaintiffs, Several handbilis were issued apprising the community of the fact. One of the nocices was posted in the defendants’ bank describing the stolen property as a guld check. Subsequent'y a person came mto the bank and pre- sented a $5,000 certificate for payment which was given. ‘The teller immediately sent the certi- ficate to the treasurer, but payment was refused on the ground that it had been stolen. Plaintiffs then brought an action against the bank for replievin and obtained an injunction restraining the reissue of the check. The defendants claimed that the notice posted in the bank did not describe the property us a certifi cate, but as a gold check. The Court directed a ver- dict for the defendants, and as there had been an in- junction directed the jury to pass interest on the vaiue of the check as damages. SUPERIOR COURT—TRIAL TERM—PART 2. A Kangareo Case—Fat Women and Croco. dilees—Is an Insurance Company a Wild Animalf—How is it Caught ?—Alleged Fraudulent Overestimates. The Barnum-Van Amburgh Museum and Mena- gerie Company va, The Commonreatth Insurance Company.—This 18 @ suit to recover $2,500 on a policy of insurance on a certain wild show estab- lishment, which, like tts predecessor, was not by any means proof against the devouring element. Doub’ leas the inhabttants of the menagerie entertain vivid Tecollections of the occurrence. The half melted fat woman, who, with the ring-tailed monkeys, porcu- roy and other living curiosities, must certainly ave not forgotten the lucky event, as it 18 sald #he was considerably reduced in weight, while ner friends h their extremities most un- comfortably singed. The incidents om the occa- sion were, it will be remembered, exceed. ingly humorous and afforded much amusement to iate strollers on their way home. The escape of the stuffed tiger was quite an exciting affair, and never did policemen ave 80 heroically, especially when, after the intense agony of the the bogus animal was successfully capt |, doubtless much intimidated by the appearance of a dozen pis- tols at his head. Ne was eaten, dead or alive, 80 that the services of the coroner were not called into immediate requisition. The pro; which so pilantly ylelded to the flames was insured in no lesa than fifty companies, the majority of which refuse to pay,the plaintiffs, on the ground of alleged fraudu- jent over-vaination. On the same ground, too, the present defendent resists this onan, contending that the plainuits’ over-estimate to a large degree the property destroyed, Among the curiosities claimed to « Vained are white mice, @ stufled ox, ringtaiied monkeys and otner unimportant articles. ‘The hearing of the case will be resumed to-day. SUPERIOR COURT—SPECIAL TERM. Decisions. Judge Jones rendered judgment tn the following cases yesterday moraing:— Muran vs, McSniggan.—Motion granted. Hey vs. Leopold.—Order granted. In the Matier of James Elgar.—Motion granted. Samuels vs. Newman.—Order granted, Buus 08, Burtwell.—Motion granted. Austin rs, Hickman.—AMidavit of service of sum- ons defective. Austin vs. Cothert.—The same. Burns 03, The Second Avenue dtailroad Cov pany. Order settied. Papers in clerk’s office. COURT OF GENERAL SESSIONS. Before Judge Bedford. Assistant District Attorneys Hutchings and Tweea appeared yesterday for the people in this court. ‘The Grand Jury has been transacting @ great amount of business during the term. They brought in another batch of indictments yesterday, upon | which the prisoners were arraigned, GRAND LAROENIRS. Wm. Wolfe pleaded guilty to an indictmont charg- ing him with stealing a trank containing clothing Valued at $76, the property of Wim. H. Havenor. 1 was stolen from the dock of the Pacific Mail Steamship Company on woth of March, Judge Bedford, in passing senteuce, remarked that he was informed Woile had served a teem in the State Prison for a sinitiar larceny and was an ex-convict from the Penttentiary. ‘The present case was very and bis Honor sentenced him to the State Prison for four years anu six months, William MH. Chambers pleaded gniity to an indict. ment charging him with obtaining the sum of $201 68 from John Bb. Lienroe on a bogus check draw upon the Nassau Bank of Brookiyn, purport ing w have been signed by H. W. Wilson, who did hot keep an account in the bank, Cow for the rer made an eloquent in yp and asked for clemency in view of the of his wife. The City J aaid that he could not, consistently with his of office, suspend sentence, but he would not brand him as‘ felon by sendi him to the State Prison. The sentence of the co! ‘Was one year's in the Penitentiary. ‘with larceny from James hag ire who was charged steallng a Bosker, contain ing 8445 in! on Patrick’s Day Daniel Lysacht. The a two years and six because the prisoner gave an shaving exonerated charged with Wright, no Macmany, ae: who stole a at plier No. 43 to petty Peuitontiary and convicted having stolen on the 11th inst. Freeman. He for the term of Judge Bed! the Clerk to enter upon the minutes that the court adjourned in order to ve the members of the bar an opportunity to at- nd the funeral of Mr. J. M. Sutherland, son of Judge Sutherland. COURT CALEMDAR—THIS DAY. Supreme CovetT—Cracurr.—Part 1.—Nos. 1517, 1525, 1633, 1593, 1595, 1599, 1605, 1607, 1609, 1611, 1613, 1615, 1617, 1623, 1626, 1627, 1629, 1631, 1633, 2— Mh Sk i i a a 1 eh 1 Made. Part 3.--Nes. 949, 160," 1236, 1344, 1368, 1567, 1550, 1561, 1563, 1565, 1667, 1569, 1571, 1575, 1677, 1579, 1583, 1589, 1501. SPECIAL TEEM.—NOs. 165, 101, 161, 202, 237, 238, 208, 240, 241, 248, 244, 245, 248, 247, 24s, 179, 186, 212, MMON PLurAs—~TRIAL TRRM—Part 1—Equity cal- dar. a Way 186 Te6S aang Rial. aoa, 2250, 2200, 2262, 2266,'2267, 2268, 2269, 2271, 2273, 2274, 2276, 2277, 2278, 2280, 2281. 2 larceny. The same vs. William The same vs. Elizabeth Wat- The same vs. Margaret Redden, Mary Martin, grand larceny. CITY INTELLIGENCE, ‘Toy WeaTnaR YESTERDAY.—The following record will show the changes in the temperature for the past twenty-four hours, as indicated by the ther- mometer at Hudnut’s pharmacy, HeraLp Building, Broadway, corner of An ba Tae Tue DEATH OF MR. FAaRgON.. terday held an mquest on the body of ex-Council- man Thomas Farron, late of No. 212 Grand street, who died suddenly on Monday afternoon. Disease of the heart was the cause of death, and the jury ac- cordingly rendered @ verdict to that effect. FELONIOUS ASSAULT.—OfMicer Samuels, of the Fourteenth precinct, yesterday morning, at two o'clock, found on the street Michael McLanghiin, of 117 Mulberry street. The man was suffering trom severe cuts, which he alleges he received at the hands of an unknown man in Brookes’ Assembly Rooms, 307 Broome street, Corie the progress of a ball, ‘His wounds were dre: by Dr. Armstrong, of the Central Police Ofiice, OccuBTATION O¥ REGULUS.—On Thursday morn- ing, March 25, about forty minutes after two o'clock, the moon in its onward course around the earth will obscure from the view the first magnitude star Alpha Leon. The star will emerge from behind the moon’s disc at thirty minutes after three o'clock. Our satellite will cross the menaian at forty-one =e after nive o’clock this (Wednesday) even- CAPTURE OF YACKANET.—It will be remembered that some ten days ago Mary Carter, alias Yackanet, was so fearfully beaten by her colored husband, Pnihp W.Yackanet, in West Broadway, that the Coro- ner deemed it advisable to take her ante-mortem state- ment. Yackanet was arrested yesterday morning in Philadelphia by officer Smith, of that city, and arrived in this city last evening. His wife has so far recovered as to justify her discharge from Bellevue ARREST OF AN ALLEQED CONFIDENCE OPERATOR. — Some time last September Peter Routey, clothter, No, 713 Broadway, was the recipient in payment ofa suit of clothes of a bogus check drawn on one of the banks by the party cemering the clothes. The check proved to be worthless. Yesterday the victimizea party saw aman on the street whom he recognized as has tor, and caused kus arrest by officer Waldron, of the Twenty-fifth precinct. The accused, who in) his name as Henry Just, was locked up at the Jentral Police Office. FaTaL Ferry Casvaury.—On the 24th ult. Henry Peters, a lad eleven years of age; in stepping from one of the boats of the Hamilton Avenue Ferry Com- pany to the bridge had his left leg caught between the boat and bridge and terribly crashed. He was conveyed to the New York Hospital, where he lin- area ull yesterday, when death ensued. Coroner NN was notified, and aiter empaneliing a jury to view the remains delivered them to his distressed mother, who lives in Eighteenth street, between Fourth and Fifth avenues, Brooklyn, whither the: were taken for interment. As soon as the a ance of the necessary witnesses can be secured the investigation will be proceeded with. ENLARGEMENT OF THE STATE CANALS.—A meeting was held yesterday afternoon at the Produce Ex- change to take measures for the enlargement of the ‘State canals and to effect greater economy in their management. Colonel Edward Hincken, President of the Exchange Board, was in the chair, and tntro- duced Mr. Israel T. Hatch, of gman ay spoke ex- haustively upon the history of the Erie Canal, and alluded to the corruption existing in the adminis- tration of its affairs. Resolutions were to petition the Legisiature to create an amendment to the constitution which would give authority to bor- row upon the pledge of the canal revenues such sums as might be necessary to improve the canals to their maximam capacity ior transportation im order to prevent a division of trade by competitive routes. The resolutions requested also the appomtment of a board of engineers to examine the condition of the canals and report to the next Legisiature. ALLEGED MALPRACTICE—CORONER’S INQUISITION. = An inquest was commenced at eleven o'clock yester- day morning before Cor@er Rollins at the Coroner's office in the City Hall, in the case of Mra, Philipp!, Who, as already published, died on the 17th inst., as alleged, from malpractice at tue hands of Dr. Gabriel J. Wolfe, of No. 251 Kast Tenth street. The who lived with her husband at No, 60 Third street, according to the statement of the latter, told him befpre her deatu tnat Dr. Wolfe, on the 11th inst., performed an operation upon her, ment, as will be remembered, Dr. was and 1s still in custody pending the result of the Coroner's inquisition. The accused, who is « German, as also was the deceased, 1s @ very pleasant Jooking gentleman, and was represented at the in- —— yy Colonel Levy as counsel. The husband of the deceased, who ts quite a young man, was sub- Jected to a long examination—the main points of which has already been pablished im the LD— alter which Sophia Ortlieb was called to the stand; but before her exataination was conciuded the in- quest was adjourned until this morning. Dr. Wolfe's counsel asked that he might be allowed to stand on bail, bat the Coroner refused, POLICE INTELLIGENCE, ALLEGED EMBEZZLEMENT.—Christ Rice, a clerk in the empioy of Frederick Perivigh, of No. 368 West ‘Thirty-eighth street, was arraigned before Justice Ledwith at Jefferson Market yesterday, oan by his employer with embezzling the sum of fi a lars from him on the 16th of June last. He pieaded not guilly to the charge, but was committed to answer. ALLEGED THEerr or BARRSLS.—John McCarthy, @ junk dealer, living at No. 384 Cherry street, was yes- terday arrested by detective Heidelbergh, of the Second precinct, on the charge of stealing fifty half barrels, valued at eighty doilars, belonging to John Hit, Mr. Lawrence Suntth, of No. 03 Canal street, the complainant in the case, deposed to patting the stolen property in the prisoner's possession. In his exawwinat fore Justice Hogan McCarthy hat he bought the barrels in good raith, having no knowledge whatever that they had been stolen, The accused Was held for trial. ALLEGED FRLoxious Assautt.—Frederick Hol- den, @ boatman, residing at Miliport, N. Y., was ar- Taigned before Justice Ledwith, at Jefferson Market, yesterday afternoon, by an officer of the Twenty- eighth precinct, upon complaint of Morris I of O01 Greenwich street, a carman, who charges thos while engayed loading a wagon With coal at the foot of Leroy sreet, prisoner, who is an entire stranger to hin in to dictate to him which coal he should tak which he remonstrated, when Holden drew & six barrelled revolver from his ket and pointing it at him threatened to shoot im. He pleaded not guilty to the el but was commaltted without all to answer, bis ‘Tie Hoosac Tons T report of ture Com- t—By the missioners of the Troy and Greenfield Radroad and ag banca yf Foepey gh to the Legisiaure yester- jay, it appears Up to Feorwary 1 th length of the tunnel bored was 9,3 is feet, having or hoked 15,603 feet. The } ih of the LOW 6,282 feet; of ne Me aad cad erharge Las re arch ogth tag central batt (1,000 feet), 683 feet have been fnished, leavi 447 feet to be colupleted.—soston Journal bd BROOKLYN CITY. THE COURTS. UNITED STATES COMMISSIONERS’ COURT. ‘The Alleged Drawback Frauds—Conclusion of te be Argued this case yesterday :— WM, H, BRINKERHOF?’S TESTIMONY—OALLED FOR THE GOVERNMENT, id “l A 33 P E if i if i i i Haflal F ae filteete lh bee 25 ine te sft j i . Seige nbleadl ase 7 ee pegytel for the i 1 bad a Sores nee 1 Hi at I : drawer aud 5 He = 58 oS i when yusiness I did not know that Riesen! bad connection with it; Ris oer eet b tics Saas eubo bonds had been tiled. the Commiasioner—At the time these bonds were filed, was no occasion for the surities to come and qualify at ail; it was a matter of course to take any bond that came in Property, filled out without inquiring as to the suiliciency of e sureties ; Laidlaw's duty was to these bonds and any uualnted with vent, in 44 Broad street ; I kno nold, and made his acquaintance about the same time that saw = Rieseo! r; I was at this fifteen different times: stock operations ; the office looked hie an office in which not much business was done; the bonds were go inthe marie ere because they were not properly for the ‘purpose of tugiiry should go and see them; I su Dedter look after these papers: oes. being taken in this matier until davit; three or four weeks after this I saw and he told me that there was trouble brewin: law, Dickinson and sev others were implicated; nothing was said about my being a witness; he spoke to me about these bonds two or three before Mr. Tracy asked for them; he said he wanted to see the bonds that had been’ sent over by Korn and Dickinson; 1 sai they were in the safe; Riesenberger he would Uke to see them: there was a day appointed to show them: I took them to a place in Water street, New York, and showed them to him ; ft was in a tobacco warehouse ; over and took the names 3 berger, got ine etter from Mr. Tracy’ has otter from Mr. ; have bales slugs Auutist last; did’ not Yako."the bonds from the drawer when { vrought them to Mr. Tracy when J took them from Water street 1 took them home and kept them there till T gave them to Mv. Tracy ; | waa in New York, on Broadway, when I saw berger, and he asked to eee tte bonds. The case was here adjourned till Thursday morn- ing at ten o'clock, BROOKLYN INTELLIGENCE, Tue Loar oy SuPERVISORS.—-The Board of Super- visors met yesterday afternoon, the President, Superintendent Osborne, in the chair. The County Treasurer asked for authority to borrow $200,000 for the purpose of payiug the State tax due in April. The tax amounts to $845,000. A resolutton au izing the County Treasurer to borrow the money was adopted. Several communications were received from the Jail Committee, after which the Board ad- Journed. id FAaTaL AccipENT ON A FERRYBOAT.—George Crowles, the tiretnan on board the ferryvoat Nassau, running on the Catharine ferry, was almost instantly killed yesterday morning by struck on the head With the crank connected with the en- gine. The deceased was el in oiling the machinery at the time, and, it ts said, was doing so in violation of the rules of the company. The jury returned a verdict that the deccased came to ‘his death through bis own carelessness. Tue FavaL Casvanty IN Sacks? STREET.—An inquest was held yesterday by Coroner Jones over the body of George Waish, the boy who was run over and killed by engine No. 2 in Sackett street, near Columbia, on Monday. The deceased, who was between fourteen and fifteen years of age, stated betore his death the accident was the result of his own carelessness, and that the members of No. 2 were not at all to blame. The jury returned a verdict of death from accidental injuries. , ALLEGED INCENDIARY FiRE—ARREST FOR ARSON.— Between six and seven o'clock yesterday morning a fire broke out in the grocery store of Daniel Ruther, in Carroll street, near Nevins, The flames were ex ined before any great damage had been done; and on an investigation being made the police, as well as the Fire Marshal, concluded that the fire was of incendiary origin, and immediately suspected Ru- ther. inquiries revealed the fact that he had his stock insured in the Mechanics’ Insurance Company for $360, and that there was an insurance on the house, which is owned by Charles Rushmore, of $8,000. Oftiecr Woodrulf arrested Ruther, and yea- terday afternoon he was taken before the Fire Mar- shal. By oficer testified that there had been a quan- tity of kerosene poured into a hoie in the floor and that he found matches lying about loose. There had also been a fire in the celiar, but that had the ap- Peg of having died out. The accused was held r further examination. THE EXCISE LAW, Meeting In Brooklyn, E. D., in Favor of the Law. A mass meeting of the citizens of Brooklyn, ern District, was held last night in Washington ly corner of Broadway and Fourth street, for the pur- pose of expressing views in defence of the present Excise law. Ateight o'clock Rev. Wi.LiaM H. Boouer read the call for the meeting and nominated as chairman Mr. a. W. Bulkley, A long list of vice presidents and secretaries hav- ing been read, Rev. Dr. Andrews, of St, John’s Methodist Episcopal churca, Jedford avenue, offered up a prayer. Ne dames A, Bradiey read the following preambie and resolutions:— ‘Whereas we learn with deep regret that desperate efforts are being made at ny WOT the que dealers and their to modify in ot fie ensential friends I ni features the pres- ‘Whereas the Excl aw ait is has beep found to produce ‘8 vigorous enforcement of Ite provisions the benef. HA rent, both moral and physical, and greatly Yende to the of life, rty and happiness of tie community f the Sabbath, therefore t tirmly protest, in the name of law, order, morality and in our individual rights, agatnat any ‘moditieation whatsonver of th td meeesamiatives ot Aluany 0 tse thete tel al wayn to prevent any chanye in the same, The foregoing was adopted by acclamation. Judge Culver was then introduced, and after having reviewed the Excise law, said that they had gathered there that evening in a somewhat im- promptu and informal manner to give their support to the Metropolitan Excise jaw of 1866, For 110 years in the State of New York they had been ing and fighting around this matter of con drinks. S01 is law aa ples that shutting a on ‘sunday and not slise: ing German fellow citizens to ind in tional cus he F yet —TRIPLE SHEET. * ——_—_—~ German dealers and the Jersey City. THE TAMMANY ASSOUIATION.—The charter for the Tammany Association of Jersey City was sent to the Legislature yesterday, wnere it will probably without tion, The organization wilt controlled Dysbarenoiders, the shares borne Sxed at ten dollars each. One member of the Legislature It ts su and hems, 80 New Jersey democracy, which has been hitherto regarded aa heterodox, has well nigh passed away. Tag Horse Can OvrRaGK—FURTHER PARTICU- LARS.—The account of the outrage which took place ona Hoboken horse car published in yesterday’s HERALD has created intense indignation both in Jersey City and Hoboken. The driver of the car, Patrick Dunne, is blamed on all sides for his neu- trality in the aftatr, while the conduct of the cow- passenger who sat in the car, and nota of remonstrance, is looked upon as cool-blooded Siemens of the ariver it Eig Oc the came from the Five Corners to the feeling 18 ote Cg the fellow, i & chance of ioe hive also & lesson to patrolled after dark there can be no secarity against the ruftians who, it is well known, infest the place. Hudson City, Court or Sess1ons.—The following prisoners, who were arraigned on Monday. received sentence:— Henry Smith, assault and battery, pleaded guilty, two months in the county jail; Louis Hirsch, break ing and entering, three years in State Prison; James Jones, petit iarceny, two months in the county jail; Charles King, stealing a cow at Lepeaes’ four years in State Prison; Thomas Buckley (color ), Indecent agsault on 8 young girl in Jersey City, six months in State Prison; Edward Miller and Gustave Reiens- tang, robbing a carpenter's shop in West Hoboken and a residence in Hudson City, five yeara each State Prison; George Thompson, larceny, six months in State Prison; Julla Sweeny, larceny, four months in the county jail. Sentence was suspended in the Sani Mec Whalen, petit lar- ceny; James Doherty and George Munn. The fol- ote | prisoners pleaded not guilty:—John Jones, Vee larceny; Alexander McDonnell, ane larceny; ry Parslow, assault and battery; ty A. Clark, Charies Clark, Samacl Hill and Mary’ Donavan, charged with Lee Pi pick pockets at the New Jersey Railroad depot. In the case of John Buff the prosecution abandoned the case in the middle of the trial and entered a nolle prosequi. There was some technical defect in the papers for the prosecution. Newark. Tue RECENT TRAGEDY—A ROMANTIC FINALE.— Pursuant to an agreement entered into by Mrs. Beckerle, the mother of the murdered girl Augusta, and Mr. Charies liensier, the uncle of the unfortu- nately rash youth, Frederiek Knittal, the deceased twain were united tn death and interred side by side in the same grave yesterday afternoon at Woodland Cemetery. A singing society, of which Knittal was @ member, attended the obsequies ta a body. ‘Trenton. LEGISLATIVE PROCERDINGS.—yJn the Senate yester- day a message was received from Governor Ran- dolph suggesting the appointment of three persons to confer with the executors in relation to the completion and disposition of the Steveus batcery bequeathed by the late Edwin A. Stevens to the State. Senator Little introduced a stringent jaw against bribing members of the ature. It provides that any person convicted of bribing members of the Legislature or offering a bride shall be fined a sum of $5,000 or im- prisonment for five a ae any member con- of accepting a bribe shall be fined a sum of $1,000 or imprisonment for five years, and to befor ever excluded from hol any position of honor or profit in the State. In the House Mr. Whalen in- troduced a bill repealing the law providing for im- prisonment for non-payment of taxes. A number of ‘smnall locai bills was acted upon in both houses, WESTCHESTER COUNTY. TANGIBLE SYMPATHY.—The employés of Sing Sing Prison have subscribed $300 towards relieving the family of Edwin Craft, the keeper, who was mur- dered last week. It is also understood that efforts are being made to secure twelve montns’ salary for the benefit of the immediate relatives of the de- SUNDAY CLOSING Law AT YONKERS.—In order to suppress the Saturday night and Sunday disturb- ances, which have of late been on the increase in this village, the Police authorities have determined to enforce the State Excive law of 1867, which requires ail places where intoxicat! as are sold be closed effectually on the Sabbath. The law went into operation last Sunday, and in the future will be enforced to the letter. ile many politicians de- nounce the measure as arbitrary, ‘table portion of the community generally applaud it. PROBABLE Homicips.—At Hastings, on the Hud- son, yesterday, Coroner Smith took the ante-mortem statement of James Burns, a gardener, living at that place, who was #o severely besten last Sunday that e has since remained in @ pre¢arious condition. It appears that while Burns was returning from church on the day named he was met by two acquaintances, when. in order to gettle an old: one of them seized @ stone and with it his head in a shi manner, fracturing thé scull, besides beat- mene face almost beyona ition, while the other party looked on without nterfering@ On the testimony of the injured man wirrants were issued for the arrest of the accused pares, who, it is said, have disappeared from the neighdorhourl. POUGHKEEPSIL, Tue LATE RAILROAD ACCIDENT.—The jury in the case of (he recent disaster on theDutchess and Co- lumbia Railroad have rendered jhe following not Mar’ explant verdict, to witz—“That William McKnight came to his death from in accident on the Dutehess and Columbta Ratiroad in which a car was thrown off the track, which accident was, as the jury believes, not through aly carelessness or on the part of the enployés of the said railroad.” MURDEROUS AssayiT,—At A lat hour on Monday night an Irish woman named Wison met a seam. stress named Hester Bush neir a bridge in Catharine street, and immediately assaulted her with @ cleaver, knockil hey down and eutsing severe wounds in ht head. Hear- ing her screams two gent came to her rescued when Mrs. Wilson was I in jail and the woman aasauited kindly cared ata dwelling. In the morning aiter an examingion the woman Wilson was released on bail, Hest¢ Hush's wounds not Lelng cons! oe en A TRINITY CHURCH. To tur Eprron or THE HeRALD:— My attention has just been calles to an article in the Henaco of Sunday last, whict after a very ex- aggerated statement of the incdine if Trinity church, concludes as follows:—‘‘It can afforl to spend $40,000 to enlarge the chancel of St. John’#to accommodate the clergy, Who wish a large feid of lisp) "Allow me the courtesy of your columns rough which to correct the errors in the above ment. The ap- propriation made by the ves'‘ry for the alteration at it. John’s chapel Was $21,000, of wich about $2,000 the chancel to make room forthe Ugen. ted. Chole, c and the balance expended in the jrection of addi: tonal school building for the odation of the industrial school connected with John’s, num- bering over 1,700 iis and justly considered one ‘the noblest of which ou! city can boast, article alluded to, “‘thougn it mae the unskiiial i cannot but make the judiciois and in justice to Trinity church | trast yqi will m: Mare! i] Of course the resolutions in favor pf annexation, which Mr. Cudiip moved. or rather move in clamor about their Grman fellow ctttzens came from | the New Branswick Legislature, find thetr way into the business, \ YORK Hea where they are ian oe a, oor three tery black phe eect No doubt they will serve @ miscuiev- in the press i Were it not for the harm to vue uted States. be done in keeping alive the covetous it mani- fested ‘tion of the American towards these A sey netther Mr, Cudlip nor his resolu- would be worth even @ passing notice, Mr. himself is an excitable, violent sort of ex- or judgment. Hi res and was, we believe, beaten in st. Join at the last general election. REAL ESTATE MATT2RS. Yesterday was a repetition of former days of marked animation tn the real estate salesroom, the offerings consisting very largely of clty property. ‘The attendance was considerable, the great anxiety felt respecting the future of the market inducing a large congregation of brokers and dealers generally. What satisfaction they obtained from the result of the sales is matter of knowledge to themselves alone; but, as a disinterested observer, we may say the market exhibited continued firmness, holders resist- ing any decline in prices by buying in at their own ival of the see i et ete Sh Srnec tame ne exes prt oniy of the transactions belhg actual — az ? Auction Sales of Real Estate Yesterday. YORK PROPERTY —LY A. J, BLERCKEY, BON AND CO, East 77th at, house and lot No 28, $5x40x102,2. . use and jot near 113th st, FE eo Sees ee Fi aad FETE = Fi z ges 3 & =] ae apace: ss 5 § cara =s Bees pe TOR PURE ERS gene 25x06.8... 200 4 sory bulding and Jot, No 75 South Sean Witaing sad ot (0 104 Broad st, w. e300 Pe a eg a ot Noe 44 and 46 Pear 40,008 rllang and tot, Noid Water at, near Peay Salary brick balding wal ii, Wo da Wala oil Rx 7 SEEEERS a Tlot lot 450 Tlot 2510 Tiot 2500 1lot 1730 1 lot 3,800 Hots is glows Tiot, 25 ft ¢ of the 2 2,600 Lease of four story brick house and lots Nos 15 and ‘Thames e oun May Teoh at an annual rent of ote 83.01345.0-..00-." BROOKLYN PROPERTY—BY JOHNSON AND a. property, by T9 able Flatbush av and Atlantic at Sale of valu ut 1 gore lot ¢ Doam ‘et near ain av 404 in front x on n sol st, near 4th a Fibsidéxon 1x08. 5,260 ‘on 1 lot on same joining, same fro! the junction Fintona ‘and Paciti 4lots‘on s 6 State, near junction of Flat as, ‘av, near Sth av, 20x88. 1: 4, running through to Atlantic st, on which it 6.3 ‘one side, ‘about 104 ftou 6,450 2lote Slowes 4 i 1 vy, adjoining, wil Bison pea ee be in Atlantic av, adjoining, 20: 2 lots in Atlantic av, joining, 20x79, each. 140 Slots in Atiat ic av, adjoin ing wrt front on Glove 20 ft on Atlantlo av, 78.4x4ux0. 2xB0.1, . ing, 18x48. I gore joining, 22.341, Jot n wecorner Franklin av and Degraw st, 25x100. Franklin ay, adjoining, same size, Gach. na Degraw nt, rear o hore, soch.te ac! same fronts, each. 20x127.95, ench..... Jolning, same size, each. ining, sane size, each.. eograw st and Rogers a adjoining, joining, Ww at, 1 lot on n w corner of Jota, having on Gi ‘and Flushing ava, each lot 2ix50.6; 156.11 from Flushing, hns 9 front of 35 each... S rear lots ws of Grand av, between Park and Flushin Tots 20291.6, each 4 8 free esa gids of snee'otneoe ures’ Ge te name aide of same near’ the a front of % 1, balance 20x70.7, each. mat entrance of 25 ft, ‘size, 20 ft from above ‘ing, same size, each 810 LER. Real Estate Notes, A correspondent takes exception to our manner of treating the real estate question, and says “it's a very wrong thing for a public journal to help keep up speculation, which causes high rents; it can’t last,” concluding with the suggestion, “you ought to caution the public against being further duped by the tricks of real estate men, and thereby more ruin, which, you know, must surely follow, sooner of later.” Our correspondent, who signs himself “A Constant Reader,” is more than half right in what he but cannot justified his nom de plume, or be would not apply his strictures to the HeRaLn. The “reai estate men” whom he accuses of charge it with the very opposite conduct. HERALD, it is Independent and gives on), The number of bills je in all the city announcing “Tuis house for not be taken as an exhibition of a pressure to sell in- duced by the condition of the market. This ts the season for that eruj which occurs every pn Tang Ist of May, er quite independent of conditions. ‘The following calculation from the real estate col- umn of @ convem is of thongnttal consideration:—‘'At last year's prices for lots only 737 first class brick dwelllugs were finished in that Be of the city which lies north of Fortieth street. To hese add 224 second class brick dwellings, whose — stories and are used for stores, 144 ent and we have 1,106 permancut dwellings in the entire ae tan region of the city, It 1s noteworthy that these buildings will, w mn aver not exceed twenty-one feet in width, and scat erect ive of tl with their back yards, could laced on the apace included in @ full sized block. Upshot of the matter I# that the wnim. Es land of Manhattan isiand is being used np at economical rate of fourteen blocks per annum, Between Fortieth and 150th streets we reckon about 1,000 full sized blocks, exciasive of park land and Water frouts, From this it follows that some blocks will not be needed for building purposes for the next bat years, and probably longer, if pricea continue At Morrisania, yesterday, auction sales were made of the following property:—A house and lot, 40x75, 8 corner of Filth street and W: m avenne, 10 , H. P. Monaghan, for Dh ag | an adjoining lot, 22x76, on Filth street, to H. P. begratt, for $3,000; a lot east, adjolning the above aud of the same dimen- , sions, to the jast named chaser, for Poe; a { house and lot, 26x100, on Milton etreet, to F. Enve- holt, for $2.00. \