The New York Herald Newspaper, March 25, 1869, Page 4

4 NEW YORK CIT THE COURTS. Y. SUPREME COURT—CHAMBERS, be New York Ceutral Railroad Litigation= Charges of Corrupticn Against the Legisla- turemAnother Injanction Granted. Before Judge (ngraham., Granvil W. Nichols vs. The New York Central —This case was again up yester- * day on motion of plaintus counsel to restrain the defendants from paying @ dividend on the compa- uy’é scrip and irom applying to the Legislature for reltel, the plaintiff chargt corruption between some of the directors Son we Legisiatare, ‘ihe compiaint sets rth, among other things, that, as the plaintur 1s informed and be- heves, the deiendants, in violation of . the Piamtio’s jrighis, intend and threaten to apply to the Legislature of the State for authority to pay certificates or to issue stock therefor; that # special committee appomted by the Legis ature to investigate tie aifairs of said company, has been in session in this eity for several Gays past but has not as yet made its report; that as the plaintut is iutormed and_ believes, said com mittee sat with closc doors and refused to permit the reporters of te press to be present or to be in- formed of the proceedings; that some of the mem- bers Of the said committce haye been in consultanion with one or wore of the directors and oilicers of gaid company, and tat a majority of said committee have corrupi!y ogreed with the said directors and officers that the sud commities shouid report to the Legislature a bill to legalize said resolution and cer- Uficates, =e Judge Ingraham granted an injunction restraining the compaiy trom paying suy money for either priu- cipal, interest or dividend upon any certifcate or certificates coi\umon!y Known as interest certificates, and descrived in tie complaint, whether airearty issued or hereafter Lo be issued, til the further oruer of the Court. The Actiou Against the City Chamberiain—The Forged Check Controversy. Before Judge Ingraham. The People ed rel, Burnton and Others vs, Sweeny, Chamberlain, —This case came up yesterday on mo- ton for a mandamus to the Chamberlain of the city of New York to pay a warrant for some $1,400, drawn in favor of Messrs. Burnton. Payment of this amount was refused on the ground of want of funds, The question really involved is whether ‘a torged check for $17,500, paid by the Broadway bank, 1s to be charged against the Board of Education, or to be held to be still In the hands of the Chaumberlain, subject to the drait of the Board of Education. The defendant raised @ question whether it was a forgery. The aMdavits on the part of the plaintiff allege that the draft was a forgery. The persons whose siguatures purport to be on the draft deny that they signed them, and there are afidavits even that it is a clumsy Lemay «ifering in many respects from the ordinary dra‘ts, particu arly in the fact that it purported to be drawn to bearer and fora larger _ NEW YORK ‘There were trnstees capable of taking at estate could vest; there is no ittegal 8 » and fhe object of mary © ceamite tbe otuee questions argued sary to examine tho other st me. as to the effect of the witi of Browa, or of deed executed by him, further tian 1 have done. my views tn reward to the yulidity of the trusis be cvrrect, the deed and wall become unnecessary to their vaitdity, Nor is i of use to discuss the question how far the case of Wiliams va, Williams has been carried or affected by subsequent decisions. | My conclusion. are that the provisions of this will | are not iilegal nor affected by any of the cases re- | ferred to, and that the defendantg should have judgment, SUPREME COURT—CIRCUIT—PART I Action Against a Steamboat Company. Before Judge Peckham, William J, Zinn et al. vs, The New Haven Steam- boat Company.—This was an action to recover the value of certain goods, which became depreciated in value owing to alleged negligence—their non-de- livery—on the part of the defendants, un the 27th ot October, 1 the plaintits shipped by the de- Tendunts’ steamer two boxes of mei ise from Albany to New York. The ground of complaint was that the ordinary passage was only twelve hours, but the plaintits did not receive their goods unit! the 7h of April, 1867. The detence averred aegligence on the part of the plunuds in not senuang for ther goods upon the arrival of the steamer, ‘The case las not concluded, SUPAEM:COURT—TRIAL TERM. The Quackenbos Divorce Case—Charges and Counter Charges—Decree Granted. Before Judge Baruard, Henry F. Quackenbos vs, Mary Genet Quacken- bos.—The plaintiff in this case is a well known phy- sician, aving an extensive practice in this city, the defendant his wife for many years. The particulars of the complaint will be seen from the opening statement of Mr. Larocque, counsel for the plaintitf, tothe jury. He said the defendant, Dr. Quacke: bos, @ physician of this city, seeks a decree of «i- Vorce against his wile on the ground of adultery. In opening a case of this sort the least said of the cir- cumstauces the better, and he would not detain the Jury by detatiing the testimony that wouid be sub- atany length, The complatnt charges that the ndant was married to the piaintuf in 1849; phat comwencing October, 1860, and continuing to the spring of 1896 the defendant, at vartous places which will be described, committed aduliery with one Charles P. Ware, and at various times between tie spring of 1556 and autumn of 1861 the defendant committed at diderent places adultery with one H. J. Brent, and that between tne autumn of 1861 and May, 1862, at places designated she committed adultery with one Henry M. Palmer. The evidence, counsel said, would be of @ character which would fully bear out the charge made in the complaint, The defendant on the other hand, by way of recrim- nation, in an answer to the compiaint, undertakes to make counter chi inst the pluintil, ginount than was ever drawn for the purpose men- tione‘ in it in a genuine check, On the other hand the afidavits for the defendant aver that so close is the resembianve between the handwriting of the forged check and the genuine signatures that but for the dewiais tie defendants would believe them genuine, sae Hall, who appeared for the defendants, asked in compliance wiih Mr. Sweeny’s return, that issues, whe.her there was negligence and whether the check was forged, be framed, and a refereace or- dered on those 1ssues, Mr, Stouguton, for plaintiff, thought that the ques- tion of forgery could nardiy be constdered as raised Dy the return. it was only a denial of the torgery. The supposed signers had not dented the signa- ures, ‘aad Vourt’s Cirection, however, must of course prevail. Mayor Hall, recalling to mind the case of Mr. Cisco, thought the question lairly raised, and the Court de- cided the same thing; but the plaintiffs objecting to areierence, the Court held that they were evutied to aspeedy hearing, and directed the issues to be framed and set down for trial on ihe Circuit Uulen- dar for the first Aionday of Apri. SUPREME CCURT—SPECIAL TERM. Roosevelt Hospital Case—luportant Decision—Yhe Will Sustained. Charles Burrill, Executor, vs. Julia M. Boardman @ al—Judgment was rendered in this case yesterday morning. It appeared that James H. Roosevelt, by his, last will and testament, jeft the greater portion of his property to certain trustees, of whom a num- ber were officers of institutions and others, named by himself, to found an hospital in this city, and in case they Should not obtain au act o: incorporation within two years, should the youngest o/ his trustees live so long, to the United States absolutely. His nepLew and heir, M. Brown, died shortly after Mr. Roosevelt, buc meanwhile afirmed his uncle's dispo- sition of the property. ‘The executor, however, deemed it bis duty to bring this suit to trial to settle bis own Uability in the matter, Judge Ingraham in deliverrug judgetuent said, the only question pro- perly before him arose out of the inquiry as to the validity of the bequest’by Roosevelt, It was unne- cessary to discuss the question regarding the bequest to the United States absolutely, in the event of the Legisiature refusing, two years after the decease of the testator, to grant a liberal charter for the hospital, Such @ charter was accepted within the two years and it was accepted by the trustces. Such acceptance sows their approbation of its pro- Visions, and they were the persons to judge of 1g luverallty. Their acceptance upon the sufficiency of the charter is conclusive as to the character of that instrument. I, therefore, lay out of view any claim by the United States tor any portion of these junds as without foundation, I aiso shall for the pur; of this case consider the law as now settled in this State, that no disimetion can any longer be made between ordinary trusts and trusis for charitable uses, and that umess the trusts In the present will can be sustained upon the principles applicable to other trusts, they must fail, To make such a trust valid there must ve trua- tees capable of taking a beneficiary and a vesting of the estate at the death of the deviser, or within the period of two lives in being at the death of the testa- tor. It cannot be denied that there are trustees named here capable of taking. Even if the persons who are named as trustees by virtue of their offices are not good trusiecs, st ll there are others to whom the trust is confided by name competent and sufi- cient to take, and in whom the whole estate wouid vest, and provision is made for their succession. Nor did he thiuk there was difficulty as to the beneficiary. It is true that the terms used are of a very general character, namely, for the establishment in the city of New York of an hospital for the reception aud re- ef of sick and diseased persons, and iis permanent endowment, After alinding to the powers ot the will the opinion went to state ‘hat the great object the testator, had an view was tle creation of the hospital aud Its en- dowment. If after tis creation it departed from the object 01 its endowment the Court of Equity had ample power to force the discharge of its duties, in accordance with the provisions of the will. ‘the testator made provisions for the incorporation, and the charter subsequently granted by the Legislature on the application of the trustees named by lum, created @ benchciary capabie of taking, provide: the Acard of the will are not subject to the ob- ject raised by the plaintift, as being within the provisions of the statute against perpetulties, or as to the passage of the act of incorporation after the decease of tne tesiator. Ii the devise and bequest in this case had been made to trustees for the bene- fitand use of @ child of some person to be born after the testaror 8 death such # (rust would be vaild and no objection could be made thereto. So @ trust to trustees for the benetit of a corporation thereafter The on to be created be valid if the statate inst perpetutties does not interfere with it. I see no reason why the subsequent incorporation of a company is any greater objection than the subse- juent birch of acitid. Neither was in existence at the decease of the testator. kither would come into being afterwards, and one would be as competent to take as the ocher, so far as any objection could be made on the ground of non-existence at the testator’s death. Does this provision then fall within the pro- hibition of the stavute aguin-t perpetuities f or Is the disposition of the personal estave suspended for a jonger period than the continuance of not more than two lives then in being at the death of the testator? ‘The provisions of the will were to wive the property to trustees ior the establishment of the hospital, for the ineoi p ration of which the trastees were to ap- ly tothe Legislature promptiy, aud wer: to wait two years for such incorporation, provided the Youngest vi Lhe trustees and his nephew, or eiiher of them, should so long live; and in case of neglect or refusal by the Legisiature, the property was to pags to the United States. The trustees are not lunited to any period beyond the death of the two persons named. If that event takes place before the of the act of incorporation and within years the limitation ceases and the p.operty pusses to the United States without limitation, If either of the trustees survive the two years and the act of incorporation ts ontained within that time tie temporary tax Comes into heing before the expiration of the iives, as regul: by statute, aud the estate becomes vested. * * © Thard ts no valid objection to ple bequest, either upon the ground that the corporation was to be subsequently ae ited or that such Incorporation was to be obtained tn two years or sooner, If both lives expired before. I do not deem it necessary to inquire whether the case of Williams (4 Sold. 624) hi en warranted by sul juent decisions nor as to the eiTect of the deed executed by Brown to the trustees made after the death of Mr. Koosevelt, the testator. That conveyance might be supject of inquiries which it is Not necessary to discuss at this time. The exe- cution of the wil of Brown, confirming the will of Roosevelt, could add no fores to the iatter, If tilegal or invalid, Brown's will, made nader the same cir- stances, would be equally invalid, and would in ho inaoner ratify that of Mr. Koosevelt. After recit- ing the various authorities on the points of law tn- volved, Judge Ingraham continued:—From a review ¢* these cases it parent thet in all of them there was something wanting to make out a legal trust Which could be enforced unaer the ordinary statu- tory provisions regulating trus either the want of @ trustee at the deatti of the testator or of a bene- flerary who could take, or an illegal suspense of alienation, and that in order to sustum: those trusts it would be necessary to resort to the Cy pres doctrine or some of the rulos as formeriy applied to cases of charitabie use | have already oheted thet no ous of these deferis exiat ia the pro- ; an order settling two 8 Arges alleging that he had committed adultery on various occasions with various persons named in the answer. ‘The only foundation for this wouid be shown to be that the plaintiff being a physician he in the course Of his practice visited the Various places named, Pleadings being of this character the Court made ipecitic questions of fuct to be submitted to the jury, and on the finding thereon by the jury the Court will render such judgment as the Justice of the case will warrant, The first specitic question is, whether the defendant since her mar- riage with the plaintiff has couunitted adultery; and, second, whether the plaintiff smce his marriage with the detendant has committed adultery, as alleged in the answer. The evidence on behalf of the plaintiff was then proceeaed wiih, Dr. Quackenbos. @ brother of plaintiff, testified that he was Coroner of Rockland county; he knew Mrs. Quackenbos, the defendant; was also acquainted with Charles T. P. Ware, as well as lus brother; both were visitors at lis house; Charles Ware and the de- fendant continued mmates of his house for some time; the defendant occupled a room on the south. east and Charles Ware the room on the north- east of the same floor; while Charies Ware and the defendant were at his house he saw both parties in defendant's room; the door was locked and a towel hung over the keyhole; ongeroegerd saw Mra. Quackeabos leave the room; alter the death of Charles Ware’s brother Mra, Quackenbos occupied the room of the deceased; on one occasion witness saw Charies Ware in bed in that room while Mra, Quackenbos was undressing in the same apartment; the defendant was married in Trinity church in 1849. The deposition of Mary Fletcher, which was then read, went on to state that she resides with her hus- band at Providence, R. I.; she knew tne intuit and the defendant for fourteen years; they resided at far- Jem and also in Amty street; it was at the house in Harlem that she saw Charles Ware; on one occa- sion when Ware came there Mrs. Quackenbos was taken with hysterics, upon which Ware and Mrs. juackenbos went into a room together; witness saw Ware undressing her; a bed was extemporized on a couch, and Ware having undressed Mrs. Quackenbos put her to bed; he did all that a doctor could do; witness left the room, leaving them together; witness knew H. J. Brent; saw him at17 Amity street in 1861; he was there three Ls oy Mrs. guge enbos ed there; during his stay he occupied Mrs. enbos! apartments on the second floor, while Dr. Quacken- bos, the plauntiil, occupied the rooms below; after his departure Brent used to return some nights between ten and eleven O clock; witness let him in one night, having heard him whistle at the opposite side of the street; on previous occasions sle had heard him whistie in the same way; Brent went to Mrs. Quack- enbos’ room; did not see him again; Joseph P. Palmer used to come to the house in Amity street; he was acquainted with Mrs. Qaackenbos, and both used to £0 out together for a considerable length of time; Palmer was afterwards killed during the war. Roar t nr the testimony on the part of the plaintim, There Was no appearance on tho part of the fendant. THE CHARGE TO THE JURY. Judge Barnard tueu charged wie jury. He said:— There is nothing more sad or harrowing to the feel- ings of a jury ora judge than to try a case for the purpose of a dissolation of the marriage tie between @ man and his wife, The presumption 1s that where there are two persons who tn love and affection have united themsetves ‘ogether in matrimony, that that unton is to be continued until death separates thei. And whenever any unfortunate event happens, as remy has taken place in the present case, nothing is left except for the parties to appeal to the law for redreas. When the plaintiff charges tuat bis wife, having forgotten the duties she owes to society, the duties she owes to him, and the much higher duties: she owes to her Maker; when he charges her with being guilty of a crune for which the law says she should be separaced from her husband, the truth or falsity of which charges you are now summoned here to determine, the issue, in consequence of the action of the Supreme Court, has been narrowed down to two questions:—First, did the defendant commit the acts of adultery charged at the different times and places? and, secondly, did the plaintiy commit: adultery at the times and places mentioned ? Now, the oe ae - been Mon ee m con- uence jure of any person to a) behalt of the defendant. Leaving in county. the testimony on the part of the plainttir- hot coutradicted—he is entitled to your verdict. There is no occasion for me to call your attention to any of the facts in the case except in a general way, and to state that s person who is mar- ned, waether man or ring the keyhole on the inside. The presumption is that something is wrong. But although that would not constitute actual ‘atte in the eyes of the law, yet a continuance of suc! unwarrantable acts, the giving of secret at night, then attending upon the defendant in place of & regular medical practitioner, undressing her, patting her to bed and remaining in the room some Une, as was alleged in the complaint, were certainly strong evidences that something was wrong. ‘The jury returned a verdict for the piainuf, and in answer to the inquiry as to whether the defendant was guilty found that the piatntit had not com- mitted adultery, as charged by defendant. SUPERIOR COURT—SPECIAL TERM. Decisions. Judge Jones rendered judgment in the following cases this morning:— Stedham et al, 08. Lega i ans granted. Bamback vs, Mahler,—Motion granted. Moayce vs, Carey.—Motion granted, obbe vs, Gerding.—Motion granted, vaicis Praymaggiore vs. Anne Pramaggiore.— Motion ted, Morel vs, Destorey.—Motion deuied, with ten dol- lara costa, Freck vs, White et al.—Motion granted, with ten dollars cosis, é marin ba, Bloodgood, Imp.—Motion granted with: Street etal, v8, Bloodgood et al.—Motion granted Without costa, ‘i Davis vs, Higgins et al.—Piainti® alowed twenty days to settie case, Defendant be at liberty to enter amet, but proceedings on judgment stayed for Heath et at. va, Bahoook.—Indgment for plaintiff, With costs of action and ten dollars of motion, th livery to defendant within ten days to serve an dollars amended auawer po on payment of said ten COURT OF COMMON PLEAS—IN EQUITY. ‘The Ocenn Telegraph Litigation. Before Judge Brady, Hidden 08. Little.—Thia case involved the right to the patents taken out by the defendant in this coun- try and Great Britain, was ver "7 ‘ppointed for trial yes- win James, Counsel for defendant, applied to of the ‘our institution, w of the Alumni of Upion College residing in the city of New York and its viciatty, held in the month of April ensuing. McGuire, of the Tombs Court squad arrested ‘and Jud ge Hogan heid him in $500 ball to answer. of Charles to the saloon of 1 ascertained Postpone the trial }y ae We ground that his cliont ras ubsent and tbas had used every exertion to Age Rime, las wathonh ener ~ ne plaintt bad. incurred ‘tho spouse ot bringing ex- pores at cost. Under thy circumstances the would order the case to proceed. fter some discussion the Cause be subinitted to a referee, COURT GF GENERAL SESsioNs. Before Judge Redford. At the opening of the court yesterday the Grand dury brought in a batch of Indictments. LARCENY ¥ROM THE PEREON, Otto Krowe!l pleaded guilty to petty larceny from the person, the indictment charging him with steal- ing a silver watch, valued at fifteen doilars, from John Henry, on the 16th inst. He was sent to the Penitentiary for oue year. LARCENY, Charles Smith, who was charged with stealing & quantity of old iron, belonging to Muller & iickert, 205 Fulton street, on the th of July, pieaded guilty to peity larceny and was sent to the Penivnuary Jor six months. COURT OF GENERAL SESSIONS.—Pefore Gunning S. Bedtord, Jr., City Judge —The People va, Willini M. Martine, forgery. ‘The Same vs. John Ree, false pre- tences, The Same vs. Henry Gifford, grand larceny. The Same vs, Thomas Ahearn and Michael Mano, robbery, The Same vs. Andrew Coulter, larceny fiom the person. The Same vs. Peter Martin, !ar- ceny. The Same vs, Elizabeth Watson, nd lar- ceny. The Same vs, Wiluam Shute, om larceny. The Same vs, Walter I’, Boteter, grand eny, ‘The Same vs. Henry Howe, grand larce The Same vs. Edward Walsh, forgery. The Same vs, Wilitam Helwig. burglary, The same vs, Thomas Kiernan, homicide, CITY INTELLIGENCE. Te WraTner YeSTERDAY.—The following record wil! show the changes in the temperature for the past twenty-four hours, as indicated by the ther- imometer at Hudnut's pharmacy, HexaLd building, Faas de corner of Aun sirce! Average temperature a DrowNED.—The remains of an unknown man were found floating in the dock at the foot of Vestry street, North river, An unknown man was found in the dock foot of Desbrosses street, North river. FATAL RAmLRoaD CasvALTY.—Fpederick Weigel, a German, thirty-three years of age, died in Belle- vue Hospital from the effects of injuries recelved on the 15th instané by being run over at 116th street, by one of the Third avenue railroad cars. Coroner Flynn will hold an inquest on the body to-day, Tak VELOCIPEDE PROBLEM SOLVED.—The acme of at least one velocipede manufacturer's ambition was reached last night, when at a private exhibiuion at the Hanlon Brothers’ hall a ladies’ velocipede was found to be a success. The machine was found to answer all the requisites of convenience and adapta- bility, and was built by a firm in this city. , CUBAN INDEPENDENCE.—This evening there will be & mass meeting of the citizens of New York at Steinway Hall to confer upon matters connected with the present condition of affairs in Cuba. The cail ts signed by a number of the most eminent gen- tlemen tn the city, and great interest will undoubt- edly be manifested in the proceedings, Sad tt is ex- pected that it will be ove of the most imposing oc- prey t of the kind which have ever taken place city. in Dear Mures.—The annual election cf the officers of the New York Literary Association of Leaf Mutes took place in the lecture hall of St. Apu‘s Free church, Rev. Dr. Gallaudet, on Thursday night last, as follows:. ed); Second Vice President, William Patterson; ‘Treas- urer, William 0. Fitzgerald; Rumrill; Assistant Secretary, Robart Rusk. tive Committee, Charles Jaean, latrick McGuire and Thomas Shay. ‘President, Thomas W. Roane (re-elect- First Vice President, Gustav Fersenheim; Secretary, Henry A. Execu- A MEETING OF ALUMNI OF Un10N COLLEGE, resid- ing in New York, took place at the residence of Howard Potter, Esq., on the evening of the 23d inst, The Rev. Dr. Potter, chosen chairman and W. H. H. Moore, Secretary. Interesting Brownell, Ham F. ex-Judge J. ton, General Daniel Butterfield and others, and several lowing resolutions, presented by Bishop Potter, were on motion unanimously adopted:— Bishop otf New York, was addresses were made by Mr. 3. B. William §. Tracy, the Rev. Dr. Wii- Morgan, Professor Charles A. Jory, h» Porter, Dr. Frank H. Haumil- interesting letiers were read. ‘The fol- of Richard M. Blatchford, Esq., Resolved, That we bold in grateful remembrance the bene- fits Lestowed upon us by our Alma oater, and retain undi- minished our confidence in the instruction’ and improvement mth committed to her care. Resolved, That as « means of expressing and giving effect arnest faterest in the prosperity and bonor of the i recomincud the formation of an association and # reuaion of the Alumui be Acommiilttee, consisting of Howard Potter, Jesso C. Smith, Silas B, Brownell, W. H. H. Moore, Gene- ral Daniet Butterfield, Rev. Dr. Rabbi, J. W. Buck- land and Profeasor Samuel }). Tillman, was ap- pointed to perfect arrangements for the organiza- tion and to make arrangements for a general meeting of ihe Alumni, ia accordauce with the foregomg resolutions, POLICE INTELLIGENCE, Larceny or A WATCH AND CHAIN.—Boyd H. Packer, of Williamsport, Va., temporaniy stopping at the Revere House in this city, caused the arrest of a woman named Jennie Duff, residing at No. 123 Greene street, yesterday morning, charging her with stealing one gold watch and chain from him, valued at $120, She admitted she had taken the perty and pawned it, returning him the ticket for the same. She was arraigned before Justice Ledwith, at Jeifer- son Market, yesterday afternoon, an leaded not guilty to the charge, bat was commnissed in default Of $1,000 bail to answer at the General sessions, ASSAULT WiTH 4 KNIFe.—BHenry Ficken, of No. 61 Greenwich street, Charles Smith, living at 64 same street, and Mary Osturs, went to East New York on Monday to witness a pigeon shooting match. While there Ficken and Smith had a misunderstanding, which was renewed after returning to the tg Smith cut Picken on the body wit! city. a a ith intent to do him bodily harm. Omcer Smith INDICTMENT OF AN ALLEGED RECEIVER OF STOLEN Bonps.—On Tuesday night, as Captain Jourdan, of the Sixth precinct, was riding down town on a Bleecker street car, he espied Wm. Gurney, @ man for whom he was in search on s charge of being & receiver of stolen feat oor ce of Messrs. Cambreleng & Pyne, 14 Wall si on the night treet, igh! ee al Gurney stands Indicted $10,000 of the $150,000 in bonds stolen , No. for $6,600, at a place corner of and Amity place. Gurney was taken before the Re corder committed for trial without batl. The &® term in the Trenton (N. J.) irrested for disposing served State Prison and has also been a of counterfeit money. BURGLARY ON Broapway.—At three o'clock yes- terday morning officer Gillen, of the Fifteenth pre- cinct, discovered @ man at the corner of Eighth street and Broadway, having in his possession two overcoats and one sack coat, which he was endeavor- ing to dispose of to a hackman, and caused his arrest. U; ‘as also an internal revenue receipt bearing the name betng searched at the station house a quantit; caguce ake tobacco was found in his 4 Proger, 1,227 Broadway, he’ above mawed, pentioman 1t was that his premises had been entered during the night. The oo before Justice Ledwith, at Jefferson Mark yesterday, where he gave his mame as James Wilson, a Cage) twenty-eight years of age, residing at laint was preferred the New England Hotel. A com against hit, to which he pleaded not guilty, but was General committed, without bail, to answer at the Sessions. ASSAULT AND RomRERY BY HionwaruEN—Con- FRSSION OF GULLT.—On Monday night, shortly be- fore twelve o'clock, Charles Beckman, living at No. 4 Oak street, while within a few steps of his house, was assaulted by Thomas Donnelly, a youth of twenty years, and three other unknown boys, and knocked down. While prostrate on the walk and utterly helpless Beckman was seized Ay three highwaymen and held fast while Donneily forcibly rifled tits kets of a silver wateh val at Gollars and other articles, with which they _ ‘Tuesday night detectives Mullin and Horbelt, of the Fourth precinct, on information received, arrested lly, Who immediately confessed his guilt, and told the officers that the stolen thi was #e- creted under the floor of premises No. 29 Oak street. On making @ search the prisoner's statement was found to be true, as the watch was recovered. Don- nelly was yesterday arraigned before Justice Hogan And committed to the Tombs for trial without bail. The '# confederates in the robbery are stil at lal but vigorous efforts will be made to secure them. Fourth precinct t# rapidiy becoming @ very dangerous place for burglars and highwaymen. ALLBOED THEFT OF A Case oF Goops.—In the Month of October last, Michael Feeney, @ cartman, was employed by several merchants to convey cases and bales of goods to piers on the North river pre- paratory to shipment. Instead, however, of obey- ing Inatructi Feeney in many instances goods to mises of Lil Uving at No. bal Latirens sireet, where tbe cages Were HERALD, THURSDAY, MARCH 25, burst o) the contents removed and sold. At his by detect and Sey the: Ay tye of ste: @ case Vi rom , Jordan & Co., No, 61 Walker street. ‘The prisoner was taken before Justice Hi where Mr. Albe.t Alsberg, of the above ni drm, a ‘and made ao affidavit against him. Lavec! @ tailor by trade and @ native of Prussia. lie denied his guilt, but from the facts on file the is fuse committed the defendant for trial in default of 500 bail. EXTENSIVE EMDEZZLEMENT.—John McDougal was arraigned yesterday morning before Justice Mans- field, at Essex Market Poilce Court, charged with embezzling from the firm of Lord & Taylor the sum of $3,597. The ufMfidavit made by Mr. Lord read as follows:—George W. Lord, of Nos. 255, 257, 259 and 261 Grand street, being duly sworn, deposes that on the 2d day of Februar x aad the 10th aay of Mero’, 1869, at the city of New York, the following ar- ticle, viz:—$3,507 63, in bilis of various denomi- nations, the property of Jonn 'T. Lord and Join S. Lyle, was feloniously taken, stolen and carried away from deponent's ession, and that the deponent suspects that the said money was so taken aad stolen by Johu McDougal from tue fact that the detendant was employed by deponeat as cashier in the dry goods store Nos, 265, 257, 259 and 26t Grand street, and on the za day of February he appropri- ated to his own use tho sum of $2,000 and ou the joth day of Mareb a further sum of $1,697 63, and upon having the defendant arrested by oilicer King, of the Tenth precinct, he (the defendant) acknowl- edged to deponent that he had taken said amounts of money trom deponent, and from these facts de- ponent charges the defendant with stealing said amounts. When the prisoner was examined he pleaded guilty, stating that he was tpirty-six rs of age, born in Scotland, aud resided at 239 in Fourth sirzet, Jersey Uity, In defautt of $10,000 vail he was iocked up to awalt examinauon at the Court of Sessions, POLICE TRIALS. How Car Conductors Trent Policomen—An Indizoant Doctor. Commissioner Brennan yesterday heard evidence in some forty charges of oMcers against officers and of citizens against oficers. Since the Board, in view of the near approach of inoving day, when officers re- quire plethoric wallets, have become more lenient towards the offenders, compiaints are on ihe increase. A large number of those hoard yesterday were for being oif post in shops, saloons, <e., to which they had been tracked by their roundsmen. CAR OFFICIALS V3. THE POLICE. A case of some interest was that of John J. Doyle, of the Harbor police, cuarged pkg bat Mount. of the Seventeenth precinc:, with being disorderly. ‘The prosecution produced the conductor, Donoaue, of a Yuird avenue car, apd the driver, byewhose tes- tumony the folowing statements were shown:—One evening Doyle, in citizens’ clothes, got on the car at Thirty-third street and stood oo the front pistform. The driver, thinking that the man was drunk, called the conductor, who put him off. Dovie jumped on the rear platform and was He then followed the car agai — ejected. and at the corner of Third avenue and Tenth street attempted to arrest the conductor. Of- ficer White, of the Seventeenth precinct, arrested Doyle, who showed his siield, aad Donohue made & chaige of disorderly conduct, upon which he was detained at the station house. The value of the evi- dence can be judged from the fact that when the Commissioner asked if the conductor had reiunded the fare the driver swore that he did, and that it was in small sliver. On being as,ed how he knew it was silver he stated that he heard it jingle. The dofend- ant showed unmistakably by witnesses that he was uot drunk, and was guilty of no disorderly act other than refusing to leave the front platform of the car, and alter his ejectureat following the car dowa for the parpoae of arresting the conductor on his arri. val at City Hall, at A CASTLE GARDEN FRACAS. OmMcer Murray, of the Twenty-sixth precinct, was charged by Dr. Adoiph Kerster, of No. 233 South Seventh street, Jersey City, witu seating, him from Castle Garden, It aj d trom the testmony that the doctor and a friend, on the 6th, entered the garden, and when their attention was called to a Tule compelling visitors to be seated they became exceedingly indiyanant, and the doctor iniormed Mr. O'Callahan, who made tie request, that he (O'Calla- han) was bis servant, The oMicer endeavored to in- duce him to obey the rule and he used the same lan- guage to him, He was then ejected from the place, The Commissioner complimented the otticer for doing his duty and dism the complaint. No other cases of public interest were heard yes- terday. PROBABLE MURDER. A young man named James Martin was arraigned before Justice Ledwith, at Jefferson Market, yester- day mocning, by detective La Rue, of the Eighteenth precinct, charged with teloniously assauiting William H, Miller, residing at the corner of Fourth avenue and Deane strect, Brooklyn, in a drinking saloon at the corner of Twenty-fourth street and First avenue, on Monday night. The prisoner haa been in the employ of Miller, who is superia- tendent in @ hoop. skirt establishment on First avenue, and had been discharged, at which he became greatly incensed. Meeting Miller on Monday night he invited him inte the saloon to take a drink, and, while standing at the bar, seized a large water pitcher and dealt him @ blow on the panes inflicting serious if not iatal wounds. The in- Jured man was conveyed to his residence, where he 1s still confined, a certificate from the family physt- slap (OF Ziller) stating that he does not as yet con- sider hia out of danger. A complaint. was prefer- red by detectivd Larkin against Martin on behalf of Milley, and he was committed to await the resuit of the iujuries. THE FEVER SHIPS. The examinotion of passengers as to the alleged cruelty and iuhumanity practised on them by the oMcers of the ship James Foster, Jr., was to have been resumed yesterday before the Commissioners of Emigration at Castle Garden; but in consequence of the absence of Mr. O'Gorman at Albany, the in- quiry could not be proceeded with, because he hav- ing issued the warrant for a sitting of the commis- stoners, it was necessary that he should be present ister the oath to the witnesses, hearing in the matter was therefore postponed by Commissioner McElroy until to-day, when, it is stated, further important testimony will be elitited. The folio are the names of the passengers the James Jt. Who have died up to the 201! ant, at Ward’s Isiand:—Jeremiah A. Hubb, United States, aged 43; ag! Kendell, Ireland, 60; Wiliam Gleaton, land, 40; William Knighton, England, 41; Patrick Treland, 36; Ellen Brooks, ‘England, 6 months; ‘Mary Sefton, Treland, 40; Corneiia Edwards, England, 6 month. THE MALPRACTICE CASE, Investigation Concluded. ‘The investigation into the circumstances attend- ing the death ot Mrs. Magdalena Philippi, the Ger- man woman, twenty-eight years of age, whose death it was alleged had resulted from malprac- tice at the hands of Br. Gabriel J. Wolff, was contin- ued and concluded ga gy Coroner Rollins, at his office, No, li City |. Several witnesses were examined and much evidence introduced, se of which, however, was totally unfit for pub- lication. ‘The testimony being all in, Coroner Rollins de. ered @ brief cnarge to the jury, who retired, and tered writ deliberedion retarned with te following verdict:—"Titat the deceased came to her death by metro itis, the result of an abortion a. the hands of Gabriel J. Woltt, on the 11th day of March, ‘1869."" , Wolff is forty-cight ira of age, a native of racon aad lives at 25! wast Tenth street, He 4 he ts Sacral Sanecent ot the charge. The doctor will be red to give bail to await the action of the Grand Jury. THe DETECTIVE DIFFICULTY. Ata meeting of the Metropolitan Board of Police Commissioners, held yesterday, the following resolu- tion was adopted :— ‘That the counsel of this Board (Brown, Hall and are requested to to this at eer ¥' in thei bether it was trees of the Life ‘and other securities, ‘The office of the Tenebra was chanted yesterday evening in several of the Catholic churches, and at the Cathedral, Church of St. Francis Xavier, Charch ofSt, Paul the Apostie and some others. Large crowds ‘The cerem of the b ey of the moet inportng ct the oy cote 2 ‘nt the cathedral to have je cere- ined to-day with all ‘appro- priate magnificenco and pomp. ‘Very handsotne repositories have heen prepared at Bt. euurch, in 7 street; Church of the Most y, Kedeemer, Third street; Church of St. Paul Fifty-ninth street; St. Patrick's atreet; of St. habony of Padua, Sullivan Sireeat mureh of Mt Francie Xavier, Wont sixteenth Grand! ot reet, and several ebuers, : 1869.—-TRIPLE SHEET. SUBURBAN INTELLIGENCE. Jersey City. ARRESTED OW SuUSPICION,—A man named Cornelius Powers was arreated at the New Jersey Rattroad de- pot yesterday afternoon for prowling around the bata being found conceal freight car. When tauen to tun Station mouse he, stated thab Ns was a “goat catcher” and was plying his avocaion thereat when captured, He was held for trial. Hoboken. Tae MerHopist Caveca Drrricuury.—The in- quiry proposed by the Methodist Conference at New- ark into the case between the trustees of the Hobo- ken Methodist church and the Common Council will Ey lead to a better understanding between Parties, though {¢ cannot affect any course Which the city authorities are authorized by law to pursue, The Common Council committee have reported Sav ernely to the petition of the trastees, asking the Council to purchase the chureh building. In their report on the matter the committce enter into a history of the whole case, oing back as far as 1804, when Colonel Joba stevens was proprietor of the property on which the church stands, They recite how the trustecs were defeated in all the courts in their resistance to the demands of the city, As ‘ar vack as 1865 it is shown that the Common Council of Hoboken in the very first year of the charter of the city served notice to quit on the trustees, and it has never been obeyed, FISHING THE SEWERS—A PROFITABLE SPECcULA- TION.—A respectable looking man, giving his name as John W. Crane, an engineer, from Hartford, was arrested at the ferry on Tuesday night for having in his possession @ bag containing two et com- asses, @ silver watch, a pistol, several silver plated ‘nives, forks and spoons, jewelry, bottles of liquor, old coins and divers other articles, When taken before Recorder Pope yesterday morning he said that he had come ‘from Hartford to fish the sewers of New York, a3 he had reat some time ago how certain parties found treasures in that way. ‘The man bad a diver’s suit mn his possessi and if his own statement be true entered @ sew near Houston street, at the East river,on Monday evening, taking with him a lamp, pistol and some food. Throughout the day he roamed, occasionally through branch sewers, pick- ipg up now and then an old coin, a silver knife or fork and various articles of jewelry. After about twenty hours’ search he found himself at the North river docks, near Eleventh strect, after having filied his carpetbag with numer- ous articles of value. He was besmeared with mud and seemed exhausted. On Tuesday night he crossed over to Hoboken on a ferryboat, and was arrested as: above stated. Of course the story may be a fabrica- ton to elude suspicion, but as there was little or no reason to doubt the truth of his statement the Re- corder administered a lesson to him on the mean- hess of such an occupation for @ man of such intel- ligence and thea discharged him, there being no law agaist “sewer grabblug” in the New Jersey code, Orange. Tur New Munictral GoVERNMENT.—On Tuesday night the newly elected members of the Board of Counctl—Messrs. Ropes, Pierson, Spottiswoode and McChesney—were sworn into office, and the new Board was organized. Mayor Ferry’s m was read and listened to with deep interest. It presents a cheering view of the municipality's growth within the past year, and shows that vast im- rovements have m made and _ others augurated. The cause of education has partic looked after. message sets forth that whereas @ year ago there were only 260 children enrolled on the school attendance list, and the schools themselves anything but a credit to the town, mow there were 546 children in regular attendance, which number was continually increasing. A new and _hand- some schoolhouse had been eommenced, and was rapidly approaching completion, which would accommodate as many more scholars. The entire amount expended on streets and high- ways uring she year was $55,975 42. Among other things the Mayor recommends the closing of all lquor saloons from Saturday night till Monday morn- ing. Under the provisions of the new charter there were appointed on Tuesday night the following officers, formerly elected:—Collector and urer, ‘Thomas G. Lindsiey; Auditor, William H. Vermilye; Town Clerk, Mark A, Ward; Marshal, Joseph C. Tompkins. The latter officer is now expected to devote all his tine to this duty, and will receive a rnd of $700. The Collector’s bonda were placed at 50,000. Trenton. Porrers’ STRIKE.—About 1,000 of the potters of this city have struck. Their employers want to re- duce their rate of wages to an ante-war basis, against which the employés have not only demurred, but now demand an increase of about eight per cent on their present pay. They are preparing an address explanatory of their grievances, and profess to have the sympathy of the potters of the councry. THE LEGISLATURE.—The bill to change the mode of managing the State Prison, by the appointment of a general supervisor by the Governor, Chancellor, Chief Justice and Attorney General, has passed both houses. The Jersey City Consolidation bill was re- committed. The Governor sent in yesterday the fif- teenth amendment to the constitution, 1orwarded by the Secretary of State, with a message giving reasons why it should not be ratified by the Legisia- tare of New Jersey. The amendment will be read to-morrow. The Senate has rescinded the resolution to adjourn on the 26th inst. UniTep Srares Crrcurr Cocvrt.—In this court yesterday, Judge Field presiding, in the absence of Judge Grier, the case of Robert J. Gray, of West street, New York, vs. James L. Blackmore, of Jersey City, for malicious prosecation, in causing his ar- rest in June, 1864, on a charge of stealing two muda- scows, Was proceeded with. At the opening of the court ex-Chanceilor Williamson moved for a non- sult on ths ground that the Raine had Hot proved fetcuas in law to entitle him to & érdict. The ex-Vhancellor maintained that the aliegations set forth in plant's declaration could warrant nothing but an action ot trover and conversion. As no warrant is ed to have been issued for the arrest of the plaintiff on defendant’s imputed charge, the action could not be sustained. Jud ge Field, in deciding the motion, said that the plaintim, in order to sustain his acti should prove malicious prosecution. It is manifest that the defendant did not cause the plaintii’s arrest. Gray was arrested before any affidavit was made by Blackmore, and of the nature of that aMdavit no evidence has been adduced. As thero was not sufl- cient evidence to go before the jury the court non- suited the plaintimt. ‘The jary were then discharged for the term. WESTCRESTER COUNTY. CUNNINGHAM, THR BIGAMIST, SENTENCED.— At the March term of the County Court and Court of Ses- sions, now being held at Bedford, Robert Cochran, County Ji presiding, William Cunningham, the notorious bi ist, was last found gutity and sentenced to five years in the State Prison. Cunningham is the individual who told the recent page story in connection with the Rogers m ‘ MURDEROUS ASSAULT BY A ConvicT.—On Tuesday lasta convict named Thomas Bennett, in the Sing Sing prison, became morose, and leaving his work in s the mhuman attack, to resume his duties in the prison for many days, Prompt measures were taken to punish the refrac- tory convict. Democratic NOMINATIONS.—A large and enthnsi- astic meeting of the democratic citizens of the town of*Weatchester was held in the village hall on Tues- & Lia #4 the purpose of nominating town cers for the ensu! ‘The ing yon. meeting was or- ized by appointi ir. George Cooper chairman ood win, bengon and James Crammy pecretarion. The fol: named gentlemen were nominated:— Debvin; Rown Tramecs, eajenis Tere K, teet paldwins nN 8, X- ter ‘and hos Kelly; Assessor, Wim. Walsh, Sr.; Jus- ‘tice of the Peace, John Coyle; Commissioner of Bighwars. Hagh Lunny; Overseers of the Poor, Thos. and Michael ly; Constables, Heory Rex, Peter Cannon, John Farreil, James Roddy and dames Nugent. The Lae ry oA will nae a Me: seosting. in the course of a or two, and will probably en- dorse the democratic ticket, with one or two excep- tions. BuRGLAntRS IN YONKRRS.—At an early hour yester- day morning the residence of Mr. M. T. Boimer, on North Broadway, a short distance from this village, was entered by burgiars, who broke through the window of @ coal cellar, thus gaining access to ail of the house. From the kitchen they abstracted one dozen knives and @ large aliver preserve spoon, and then ing their way room leading from Off a case of surveying instruments valued at $200, So noiseless were the operations of the thieves that the sleeping family were not dis- turbed, The house of Mr. Edward ateg also in North Broadway, and about a mile distant the seene of the burglary, was forcibly broken fone k five oclock yeater ed with the robbers:—Three siiver-plated teapots, one plated her, one dozen plated knives, one dozen pl nut pick one sliver strainer, aud articles, vained in all at about seventy- five dollars, The although on the alert, bave obtained aayet cron te the burglars. Tur Excise CASKS IN QUEENS CouNTY.—At the last term of the Queens County Court (Oyer and Ter. miner) there were over 100 of these excise casca ‘against Queens county liquor dealers brought by the BROOKLYN CITY. THE COURTS. SUPREME COURT—SPECIAL TERM. * ‘The Staten Isiand Coltectorship Dovision. By Justice Teppen, In the Matter of the Application of Thomas Mo- Cormick vs. the Col af the Town of Southfield, Jor the Delivery of Tax Books and Warrants by Philip Brady.—1, ‘The position taken by Brady in the matter leads to this result, that the office of Collector is vacant, 2, A board of canvassers having canvassed and certified that McCormick was daly elected he has qualified as Collector and claims to hold the ofiice. 3, It follows that there is no vacancy, and that leGormick 1s Couector de sacio and de Jure wntit ousted, 4, Upon McCormick's application for the tax books and warrant to be delivered by Mr. Brady the latter opposed the- motion, alleging that Brady was Col- lector de facto, and that there was not any legal can- vaas by any legal board of canvassers. 5. Brady’s possession of the tax books and war- rant co | not Gre ae mente d CA me ae i. fact, and upon the application for the Court ‘will not determine the legality or lilegality of the board of canvissers and of their declared canvass certificates of election. Tt follows that the books and papers which belong to and must follow the office should be placed tm McCormick's hands, and that Brady must so deliver em. ‘The efforts Which appear to have been made by to evade service of Fe ged and orders emanat- ing from the Court, and his non-compliance with those orders, are abundant reason why an attach- ment should now issue, and that he should be charged with the costs. Ordered accordingly. This decision is without prejudice to any procecd- ings which Brady may institute to determine hs title to the office by quo warranto, The motion fur mandamus is denied, with ten dollars costs, Brooxiyy Morrauiry.—The total number of deaths in Brooklyn during the past week was 15°, an one of two over the mortuary of the previous weel NEARLY STARVED.—An old colored man named Thomas Green was found nearly starved to death tm a shanty in Rochester avenue, near Butler street, He hved alone in the shanty, and falling siok was unable to get out to procure food. He was removed to the hospital. ‘THE PROSPECT PARK INVESTIGATION.—At the sug- gestion of the Prospect Park Commussioners the committee appointed by the Board of Aldermen to make an investigation in regard to the large sums of money which they have expended in improving the ark have consented to the calling of a public meet- Ing of the taxpayers, in oruer to give all parties an opportunity to be heard upon the subject. The Com- missioners are desirous of making some statements tm justification of their course and that which they intend to pursue. The meeting is to be heid next Tuesday evening, in the Common Council Chamber. ALLEGED Arson.—Dantel Ruther was taken be- fore Judge Cornweil yesterday to answer a charge of arson, It appears a fire occurred in the lager beer saloon of Peter Wise, in Carroll street, near Nevins, between six and seven o'clock on Tuesday morning. ‘The prisoner Ruther, it is stated, tended bar for Wise, and was in the place at the time of the dre. The stock in the saloon was insured in the Germa- nia Insurance Company for $760, and the prisoner, it is stated, had an interest of $300 in the place. John F. Cross testified that he broke into the piace and found Ruther there; told him the house was on fire and he pretended to be ignorant of it; saw a hole in one of the seams of the floor and the boards around were saturated with kerosene; there were en of match box and paper in the hole. The ouse 18 owned by Mr. Buschinann and is insured in the Mechanics’ Insurance Company for $3,000. The case was adjourned until to-day, KEROSENE. The Investigation by the Fire Commission. ersA Large Amount of Highly Combustible Oil in the Market. The Board of Metropolitan Fire Commissioners have, in consequence of the numerous complaints made and accidents arising from the use of kerosene oil of inferior and highly explosive qualities, been for some time past investigating the subject, under the provisions of the law of 1806, referring to the storage of combustibles within the limits of the Metropolitan district. They obtained 300 samples from various dealers in this city, and placed them in the hands of Mr, G. Taglabue to be tested upon scientific principtes with the apparatus known as the pyrometer. These showed the fact that the mass of samples submittea were of & terribly inflammabie nature, scarcely auy- thing else, indeed, than pure naphtha or benzine. It is to be wondered of in view of these facts, that in those sections of the city in which the use of keroséne prevails there stands an unburned house. It was discovered during the investigation that of the 300 samples submitted only four reached the full standard of non-explosiveness required by law. About a dozen almost reached the ir de- gree, and all of the remainder were far below the required scale. The Board should now find on whom resus the responsipility for these sales. There is no doubt that ti retail dealers are often deceived by tl wholesale refiners. In many cases the smaller dealers bay, solely upon hat these are the representations of the retiners. al strictly honest is of courae, the case. Nordo they escape deception sometimes even when they demand the application of atest, In making these tests before thetr customers the refiners mostly begins to rise from its surface. There beui nothi to tect it against the dranghts air fi about it is more than Hable to be wafted away by them. To insure its dissipation the seller head near the cup, blows it away often, piecing, his with the breath which be uses ostensibly for the purpose of conversing with his patron while pro- lly watching the rise of the thermometer in the testing cup. It is not consequently until the vapor from the body of the oti in a heavy unremit- ted stream that its ignition ensues upon the appll- cation of the match. The vaporizing point is by this det frequently placed from ten te twenty degrees above its actual apot. facts have for some time been in hore of the police authorities, and yet we have heard of the commencement of no ations against any of the delinquents they point out, whose prosecution the law as well a8 humanity and justice demand. One effectual way of stopping the trafic in these ai burning fluids js to pass a law vesting ta the Commissioners authority to vest the oils soid by all dealers, and to grant certificates to those whose oils successfully respond to the proper test, Mecting of the Board Yesterday. ‘The rewular weekly meeting of the above Board was held yesterday, General Shaler tn the chair, The committee on storage of combustibles reported that they had removed the ten cases of nitro-gtycerine seized on @ yaw! at pier No, 1 East river to the maya- zine of the Hazard Powder Company, under the ali- eades. A petition was received srom the horsemen and laddermen of the department, asking for ae crease of salary to $600 per year. erred Finance Committ THE OLD GUARD. Meeting at the Astor House. A meeting of the members of the Old Guard, an organization formed of the old Light and City Guards, was held at the Astor House last evening and was largely attended, Major George W. McLean presided. After the meeting had discussed the ar- rangements for the grana ball, which will take place atthe Academy of Music on the 6th proximo, and the chairman had annonneed that the various com- Mittees had discharged their duties satisiactorily, and that he expected the ball would be most saceess- ful, an election took place to fill vacancies in the board of officers, It resulted im General Hatfelt pom elected second tieutenant, W. fourth lieutenant, and W, D, Tompkins, in the organization. On motion a at the last meetit ors ane the uniform to adopted was rescinded, after discussion, in Which Messrs, Burr, Molten, Henriques and General Hauieid took part, it was resolved to appoint a com- mittee of seven to consider the subject and bs gee suitable uniform for adoption by appointed to make To cotetrate th fi iniversary the » celebrate the first ant on afier which the meeti On motion @ a rned until Wednesday