The New York Herald Newspaper, March 26, 1869, Page 5

NEW YORK CITY. THE €DURTS. COBAT OF APPEALS. Important Question of Criminal Law—Can & Perwon be Convicted of Murder in the Second Dearee Under an Indictment for the First De- gree.t—interesting Argument of Counsel @pinion Reserved, Sefore the Full Benen. A very important question of criminal Jaw pre- wented itself before the Court of Appeals last Wednes- ay, in Albany, for adjudication, in the case of a man by the name of William Keefe, who is now serv- img out a life sentence in the State Prison upon & eonviction of murder in the second degree, It ap- pears that the prisoner was indicted by the Grand Jury for homicide of the degree of murder in the first degree, and was arraigned*for trial at the Court of General Sessions in the month of November, 1865. The trial lasted several days, resulting in the Jury acquitting the r of the high degree of te crime and con ig of the lesser degree of the ettence, to wit, murder in the second degree; where- ‘wpon on tge motion of the District Attorney, the court inflicted the maximum punishment for the offence, namely, State Prison labor for the term of his natural Lg which institution the pri- soner bas ever since been imearcerated. Several years have been a!lowed to elapse since the convic- ion, When able and ingenious counsel have taken hold of the case of this unfortunate man, and for whom much sympatny 1s felt, and suing out @ writ of error have removed into the Court of Appeals his case thereby hoping, through the technicalities of the law, to rescue him from the terrible punishment he 18 now undergoing, and to secure his ration to linerty, The case was reached in its regular order on the cilendar of the court for argument last Tues- day, there betng present a fall bench. District Attorney Samuel B. Garvin pppoe as counsel upon behalf of the Reps. while Messrs, Wil- kam P, Kintuing and John D. Townsend appeared as counsel for the prisoner. As this case is led as @ test case, the decision must necessarily decide ms appe.is in a numberof other cases now pending Mus and tie >upreme Court. Besides stating whe points upon which the judgment 1s asked to - versed and ine prisoner discharged from custody, ‘We give a brief outline of the argument of the Te: spective counsel, Mr, Kintzing, in opening the ar- gument, said that the jury erred in convicting the plaintiy m error of murder in the second degree under the indictment, and the judgment must be set aside, because the indictment not setting oyt the col mission of any felony during which the homicide was committed it does not support the verdict and Judgment, and that upon the reversal of tefptlaen ment the prisoner should be discharged from imp! soniment, on the ground that he has been once in Jeoparcy under the indictment and cannot be tried ‘again. “The indictment against the accused was of the ordinary common law form. The counsel then went on to say that ever since the passage of the act of 1862, creating two degrees of murder, it has been the practice of courts to pont 8 plea Of minster: in the second degree, and to charge j that they have an abstract right to convict a prisoner of murder in the second degree under an indictment for first degree, because of the following statute, which says that “apon an indictment for any ferag Og different as prescribed in this chapter, the jary may find such accused person not ity of ‘the offence in the degree charged in the indictment, and may find such accused person gu ity of any eahres Shane: offence inferior to that charged in the ictinent or of any attempt to commit any degree of such offence.” (2 vol. Edmunds’ Rev. Stat., p45) Jt was dubious and uncertain under the act of 1862 as to what murder of the second degree was, but tuat question was settled in the case of Fitzgerald vs. The People. (37 N. Y. Rep., 413.) The court there held that it was the killing when perpetrated without a design to effect death by a n engaged im the commission of felony other than arson tm the first degree, which is ex, made murder dn the first degree. Now, in ‘iction of this degree of guilt the @harge in appropriate terms that the perpetrated in the commission of some felony. Inthe easeot Dedien vs. The People (22 N. Y. Rep. 180) it Was said that:—*‘In this State all offences punishable by imprisonment in the State Prison are defined by Biatute, each separate, consist in the commission or omission of ceriain acts, under certain circum- stances and in some cases with a particular intent. An mdictment for these offences must chi the * defendant with certainty and precision with Baving e@ommitted or omitted the acts under the circum- @auces and with the intent mentioned in the statute, if of the tents contained tn the statute of definition are omitted the indictment is fatally defective and the defect ts not cured by verdict. Toe indictwent against the prisoner did pon yd a Rend en Peis) i jo in a com- mission of a felony, e whic! mp oA to Gud an accused not golty of the offence eharred and way find im guilty of any ticrior degree therefore does not sustain the verdict ugainst the prisoner, as was said in the case of Dedien va. The Peopie:—‘Such a finding wouid be proper when the aot proved was the iden- tical act set forth im the indictment, and when all the circumstances descriptive of the offence of whi the defendant was to be convicted were also parceis ef the offence in the higher degree ana where con- tained in the indictment, and such finding would Its real meaning not be proper in other case. is that upon an indictment ch an offence of which the statute has presented different So the inferior degrees being generic to the superior au: the indictment containing mat to Sppr' the ac- cused of the lesser degree, if the evidence, in the View of the jury, be insufficient to convict of a supe- rior degree 0: such offence, the jury may find the aceused guilty of the inferior degree, or of aD attempt to commit the offence c! ” Mr. Kmizing then said that upon the reversal of the Frye the court should not award a now trial, vat should order the discharge from imprisonment on the ground that the prisoner bas becn once in coparay under the indictment and cannot be sub- toanother trial, By the constitution of the nited States it is expressly provided, “Nor shall any person be subjected for the same oifence to be twice put jp aeepanty of limb and iife,’? A provision sim:lar to this is embodied in the constitution of our te. Now, under the indictment upon which the Pope d was tried the jury most unquestionably a right to find, provided they convicted one of Sirec verdicts, either murder in the firat degree, or manslaughter in the third or fourth degree the fdictinent was perfect in its framework; bad the prisoner been convicted of either of these «i ol guilt the eonviction would be sustamed:; but the jury found the prisoner guilty of murder in the second degree, a crime for which he was not in- dicted, and consequently could not be on trial for. Tne jury, therefore, virtually acquitied him of the oharge lor winch he stood indicted and the inferior degrees of it. In conc.usion, counsel submitted that Where & prisoner is tried upon ao indictment not defective in form, and the jury are caarged with the prisoner (as in the case of the prisoner Keefe), his life i undoubtedly im jeopardy auring their delivera- tion; and if, under suci circumstances, a jury renders @ verdict against the prisoner, funding him guilty o1 an offence for whieh pe 18 not Indicted, aud sueh verdict is accepted by the Court and the jury ce ciarged, that unatr that mdictment the ac- ‘cused hes been once in jeopardy in the spirit of the eonsiitution, aud cannot ve subjected to another trial. dastrict Attorney Garvin followed upon behalf of the people, arguing that the indictment against the yey an the ordinary common law form; that was perfect in its framework aud without objec- tion or exception from the prixoner’s counsel either as t@ the question of variance or otherwise. The @ase Was put to the jury and they found a verdict for wurder in the second degree. The position of the prisoner’s counsel 's that the indict- ment must charge in appropriate terms that the Killing was perpetrated while in the commission of solve felony, toliowing the defintiton of the statute. ‘The crime of murder by our statute consists of two degrees, and the jury have the right to convict of a Tesser degree. At common law there were no de- ees of murder—it was simply murder; and man- iter, the taking of a human tile while In the eomuission of a felony, Wen Was murder, and at cominon jaw the jury convicted of that offence, with- out setting out thai the Killing was in the perpetra- tion of a felony in the indictment, Under such cir- eamsaiances why cannot a jury convict now? The fact of the indictment not setting out that the commission of a ielony cannot prevent the jury exercising a righ en to them under the statute of convicting of a lesser dogroe. Im support of this view the District Attorney cited a numper of guthorities, at the same tine adinitiing tnat the of- fence must be charged with a suiictent degree of eeriainty to distinguish it from other offences. In this case the indictmeut was | suMicient to sup- Hart he Totiot and judgment. In conclusion, the Attorney said that he regarded this as a very important case. The decision of this Court, whatever it may be, must necessarily serve as a guide in the future to those public oiicers who are the administration of justice, bably from one to two hun- -cases just like this where appeals have been, or will be taken, where, if a reversal a ordered in this case and the prisoner discharged fall these cases Will come before this Court for re- view, not only where convictions have been had for this offence, but also for Ce ay aad im the first UNITED STATES CIRCUIT COURT. ‘The Alternative Meaudarmns in the Union Pas elie Railroad Cnaes Helore Hiatentord, Merstal Murray yesterday mace she following re- . turn to the court in the Union Pactle Rallrosd and Crédit Mobilier of America case:— T have this 24th day of Mi 1869, personally served on George Ue Bumart do Charice’ E. Pees a copy of the within so ta ese cera eT naar. UNITED STATES COMMISSIONERS’ COURT. Committed for Counterfeiting. Before Commissioner Betts. The United States vs. Kattarina Schirvamann.— ‘The defendant was arrested a few days ago on & charge of passing and uttering a counterfeit fifty dollar bit on one Gottfried Beettgir. The latter had rented & basement to the defendant at nine dollars @ month, payable in advance. On the com- pletion of the contract between them defendant gave complainant Se Ske Goi bill m seentien, out of which he returned forty-one dollars. He afverwards discovered that he had been imposed on aud had the defendant arrested. The case was clear against the accused, who is known as an oid offender. Committed for trial. ‘SUPREME COURT—CIRCUIT. Before Judge Barnard. Liability of the City for the Condition of its Streets, Aletta Browner vs, The Mayor, éc.—This was a suit in almost every respect like one recently tried in the Common Pleas. The plaintiff, a lady living on Vandam street, came on an accumulation of ice, the result of water running from an alley way. The ice was opposite the premises No. 68 Vandam street. The plaintiff slipped. on it, broke her thigh and was laid up for many months, The ice extended across the sidewalk, and had been there for several days before the 25th of Janu- ident occurred. Recorder adjacent property, gnd not the cit; tors of jacent pro] nol ‘were curat iy, Ys lewalks. Mr, Darlington, for piaintiff, contended that the duty of keeping ‘the streets in order rested perma- penny on the city, and though they could in the ald of the property owners they could not thereby lease themselves from liapil re ves from ity. The Court thought the city not Maple, but in view of the hardships of the case permitted tt to go to the general term, to be heard on exceptions in the first re tag oral Mr ots"E hack x for ir c for defendant : SUPERIOR COURT—SPECIAL TERM. Decisions. , Judge Jones rendered judgment in the following cases:— In the Matter of hs Petition of Henry M. Ger- schidt, an Infant.—Motion granted. Feivel vs. Smith.—Motion granted, Delaney vs. Brett et al.—Motion granted. Kness vs, The New York ‘ana” Harter Rattroad Company. ted, The Etna Azetand Spring Company vs. Harlem et al.—Judgment iy aig Damages to be as- ‘3 jury. sessed by a sherif’: Osborn et ales. J. C. Kelly Steel Skirt Company.— Motion granted. a Southwick.—Motion granted and cause referred, McKnight vs, Clapp.—Judgment set aside and vacated, Flick vs, Flick.—Motion granted and cause re- Niles vs, Wood et al.—Motion granted. ty Judge Friedman. In the Matter of Moses E. Ludington to ve Dis- charged from Custody.—Motion denied. COURT OF GENERAL SESSIONS. Before Judge Bedford. The calendar yesterday was very large. Aesistant District Attorneys Hutchings and Tweed appeared for the prosecution. Charles A. Allen, who was charged with burglari- ously entering the carpenter’s shop of Kichard Ryan, No, 2 Lispenard street, on the 13th of March, and stealing tl dollars’ worth of tools, pleaded guilty to an attempt at burglary. As there were mitigating circumstances the Judge sent Allen to the Peniten- tary for one year. Henry Gifford, who stole eighty dollars in h te coin, on the 14th of November, from Wm. icDonald, pleaded gulity to an attempt at grand larceny. Assistant District Attorney Hutchings con- sented, with his Honor’s concurrence, that judg- ment should be suspended on condition that the money should be returned. The defendant had a family, and as that was his first offence the Jud, consented to give him a chance to redeem him: by suspending sentence. ‘Wm. Shute was tried and convicted of attempting to steal a horse and wagon on the 12th inst., the preeerey, of Henry Bussing. He was sent Ww tne enitenuary for one year. COURT OF SPECIAL SESSIONS. Before Justice Dowling. NIPPRD WITH NIPPERS. Edwin L. Bulls took a stroll about town @ snort tiie ago and was brought up with a sharp turn by an officer, who discovered that Edwin was carrying about in his capactous pockets a good sized revolver and a pair of nippera of the latest model. Edwin goes to the Penitentiary for two months, A HOPEFUL SON. Of all the numerous John Smiths extant probably the most ungracious Scamp of the lot is John Smith Who was arraigned before Mr. Dowling. John is but sixteen years of age, yet he took upon himself one day last week to “lick his mammy” tn such a style that the old lady has felt very “sore” in mind and body ever since, Bridget, the mother, said John Was an 1 ible youngster, who would have his own way on all occasions, 80 the Judge thought he would have his way about the matter and sent tne scamp to the House of Refuge. ‘A RUSHING BUSINESS, John Rush stambled—accidentally, of course— over a quantity of lead pipe a iew nights ago, the said pipe hav: the misiortune to be left out in the cold coracr of First avenue and Twentieth street. As Jonn’s foot struck the pipe an idea struck him that he might st eal it without much expense and sell it “below cost.” The pipe was worth twenty dollars; John sold it for two dollars, and the judge gave him three months in the Penitentiary as a reminder that all lead is not gold. ALL FOR A SIRT. Thomas E. Gibson walked into Mra, Elizabeth Cum- miskey’s feelings and store the other day to get a shirt, He got it, butdid not think of asking any- body for it before he went out with it. Elizabeth went for him, shirt and al, and the consequence was that Thomas iost the shirt und got one month on the Istand. A BAD RECOIL. Patrick Walsh went the iui! length of bis tether the North @ cont e's Compliments tO Patrick. 000 FRIDAY—THE COURTS, This being Good Fri , the law courts stand ad- journed till to-morrow morning. CITY INTELLIGENCE. ‘Tue Wearngr YesTerpay.—The following record will show the changes in the temperatare for the past twenty-four hours, as indicated by the ther- mometer at Hudnut’ armacy, HeRaLD Building, nn street: iS Average temperature......... Average temperature Wednesday Map Doc Kiniey.—OMcer Hart, of the Twenty- fifth precinct, reports that he killed a mad dag on i gained near Fifty-fourth street, yesterday morn- Printers’ STRIKE.—The committees from the Typothew and the Journeymen Printers met again yesterday afternoon at the Astor House, but failed to come to a conclusion relative to a scale of prices. Dr. WoLvr ADMITTED TO Bait.—Coroner Rollins yesterday admitted Dr. Gabriel J. Wolff, of No, 251 East Tenth street, to bail in the sum of $5,000. The accused is held for trial on a charge of having caused the = of Magdalena Phillippi, through mal. SuppEen Dratus.—Patrick Kealey, @ laborer, died suddenly yesterday at 232 Eost Forty-fifth street from the effects of intemperance. Coroner Schirmer held an inquest, John Garrison, of 117th stree died suddeniv ‘and Coroner Schirmer wil hold an tues John Mk. Cam bell, of 63 Catharine atreet, di ms lay, and as the burial certificate did not suit the Board of Health they notified Coro- ner Flynn. ACCIDENT ON THE River.—The harbor police steamer Metropolitan, Captain Hartt, while going alongside the ship Volunteer, at anchor tn the North ver, yesterday afternoon, carried away her smoke. ‘which came down on her deck. Wnile in that a condition she was taken in tow by tho United States revenue steamer Jasmii Captain = nd placed at her pier foot of Whitehall A Svrictpr Casx.—Henry Cook, @ German sailor, committed suicide on Wednesday evening by hang- ing himself in the cellar of 57 Market atrect. De- ceased had always rendezvoused there after return. from voyages, and had frequently become oeasively Intoxicated, and on one occasion was sent to Bellevue Hospital under the fufluence of delirium tremens. He was first seen hi by some boys in the street, who gave an aiat it it Was too late, as life was extinct. Coroner Keenan held an in- bon og and obtained @ verdict in accordance witn the Tue Derscrives' Orrick.—At & meeting of the Potce Board yesterday, on recommendation of the Superintendent, Acting Chiet of the detective force James J. Kelso was advaneed to rounsinan, for the ‘all the afternoon) at @ kite which “dove” immedi- po eee and had the driver not the Tunaways caused by kite fying there will be an effort Tae New Couuector oF Tae Porr—He 18 BE- SIEGED BY OFFICE SEEKERS.—The office of the newly appointed Collector of the Port, Moses H. Grinnell. located at No. 52 Wall street, was besieged at an early hour yesterday morn by office-seeking patriots, all anxious to serve thee country. these kept the office messengers very busy through- out the m pecasing cares and testimonials to t! venerable Collector. Mr. Grmnell viewed the troubled scene with his usual be pe een and good humor, Duk geue very little faction to the oltice-hungry patriots. There are about twenty applicants tor each position at the disposal of the Collector. ALLEGED CHURCH PICKPOCKET. Operations of a “Chief Mourner.”” White the obsequies of a prominent citizen of New York were being observed yesterday noon at the Jane street Methodist Episcopal church, there oc- curred an excitement not usually noted in the cere- monies of burial service. It seems that Mrs. Sarah Oakley, residing at No. 41 West Thirty-ninth strect, intimate with the deceased, attended the sacred edi- fice to take part in the saddening rites, when one James Watson brushed up against her, and staring her boldly in the face started and ran. This movement excited the lady’s attention, causing her Immediately to look for her pocketbook, which she found had been absti The alarm was 1n- Ta and men rang through the street after the degiives, when at last ers pop Lefferts, being in the vicin! CRapeniye the yells of “thief from ladies and gentlemen of the hurrying crowd, selected his man, and pursuing him a dis- tance of half a mile succeeded in overtaking and al him. When confronted with Mrs. ley she recognized him as the individual who 80 mmpudently, named above, and she is further as- sured of his identity by the testimony of Mr. Jno. Lawson, of No. 237 Weat Twelfth street, who saw the accused in the church greatly interested in the ser- vices, and afterward drop the claimed pocketbook. ‘These facta were sworn to yesterday aiternoon be- fore Justice Leawith, at the Jefferson Market Police Court, and in accordance therewith Watson, who has an extremely sanctified expression, was locked up toanswer the charge of larceny from the person. ATTEMPT AT BURGLARY. While officer Hill, of the Sixteenth precinct, was patrolling his post yesterday morning he discovered three individuals attempting to force an entrance into the premises of Mrs. Ellen Nurumberg, No. 356 West T'wenty-second street. He closely watched their movements for several minutes, during which one of the number endeavored to climb up the iron work surrounding the balcony in front of the par- lors, At this juncture the two confederates, discov- ering his presence, whistled to their leader, when he, taking the “cue,” eon retreated and passed the officer, who gave chase. It was a lively affair, and not until fully half a mile had been gone over aid the ‘ ian of the peace” collar bis man. ie was the bokiest of the gang the officer felt satisfied, and at once marched him to the station house, where he gave his name as Thomas Smith. Yesverday morning he was arraigned at the Jefferson Market Police Court be- fore Justice Ledwith, who, upon the atiidavit em- bodying the above particulars being taken, com- mitted Smith to answer the charge at the Court of General Sessions in default of bail. In his informal examination the accused said he was twenty-two years of age, born in Ireland, a musician by profes- sion and not ppullty. While. Smith was being escorted to the at- tached to the court, alter the above decision, he made a desperate attempt to escape from the officer, bus that custodian being nimble and light of foot imvercepted his progress before he reached the street and incarcerated him triumphantly. THE MERCANTILE LIBRARY ASSOCIATION ROBBERY. Yesterday morning Charles F. Allen, of No. 153 West Forty-fifth street, appeared before Justice Led- with, at the Jefferson Market Police Court, and made affidavit that he was the president of the chartered society known as the “Mercantile Library Associa- tion,” and acting as such, he accused one Adoiph Phillips of purloining from their rooms, in Clinton place, various valuable books of reference, as al- ready reported in the HERALD, valued at $160, and selling them to one Luke Kirwin. Against the latter person he also made charges, accusing him of know- ing the volumes when pr to have been stolen property. In ig to these accusations Phillips, in @ quiet manner, pleaded guilty, but Kirwin asserted his innocence im a vehement. but still gentlemanly, manner. Both were committed to answer the re- pecs. charges at the Court of General Sessions in lefault of $1,500 bail. Upon reflection Mr. Allen decided not to prefer a compi#int against Hurley, the second alleged re- ceiver arrested, and because of this step that tndi- vidua! vas discharged. He left the courtin a smil- i Tod, in the further prosecution of the case Detective ‘Tulley, of the Fifteenth precinct, Who made the ar- rests, ‘again yesterday morning’ visited Kirwin's stand and was rewarded after little search by finding several additional volumes of the library’s property exposed for sale, their series’ value being $104. Among them were noted the following works:— Kankin's “Manual of the Steam Engine,” Burrill’s “Law Dicuonary,"? Winslow's “Diseases of the Brain,” Lange's “Commentaries,” Darling's “Cycio- pedia Bibuographica.”” “THE LABOR QUESTION Quarrymen’s Strike. The residents in Yorkville and Harlem have bad fears of a disturbance in their localities, during the past few days, in consequence of the action of the society quarrymen, who have been on strike since Monday. They demand $2 75 per day and that work shall cease on Saturdays at four o'clock. Some of the contractors object to these terms, which are an fulvance of twenty-five cents on the present wages and cause a difference of about two hours’ work on Saturday. im many cases they employ non-society men, whose varies according to circumstances. These men have not joined in the strike, which has caused some ili-feeling between them and the society men, Who number about 1,500, ‘There were fears on foe can of a disturbance tn ping mee street, but when the police arrived they found nothing had occurred to require their services, At about three o’clock a number of men came to the works carried on by J. T. & W. H. Daly, in Fifty-seventh street, between Secood and Third avenues, where @ steam rock driiling machine is empioyed, and w: the men there to cease work. The police being it of the occurrence, Ser- geant Sanford and a section were promptly on the epot and prevented any possibility of a collision. One man, who was disorderly, was arrested and brought before Juc Kelly, who fined him ten doi- lars. Police were stationed at various places during the day to prevent any disturbance taking place. TELESCOPES—THE COLOSSAL REFRACTOR AT cHiCAGO, A correspondent writes us:—This telescope, the best in the world, made by Alvan Clark, A. M., of Cambridgeport, Mass., bas an aperture of eigtftcen and a half inches. It will doubtless separate a double star of one-tenth of a second, With its aid 110 new nebulwe have been discovered. It is sald that it ts contemplated to have for Princeton Vollege a still lescope, having an ovject giass of twenty- aon nate ‘by the same maker, ted nint fatellite of Saturn may be satellites may ve found re- volving about Uranus and Neptune. : ‘A VIRGINAN HUNTER SHOT AND KILLED. New Marker, Va., March 19, 1909. On Friday, the 18th tnat., Mr. isaac Rosenberger, living in Mount Jackson, Shenandoah county, Va., preparing to go hunting, romoved the cap from Iris | gun and biew in the muzzle to seo if it was jared. 0 stand cocked the hammer {cil en nd the load in the qua passed through the frout Of his head. He died ina few hours, Never Fone faifterwards, fe ted been recently married, Pui tiny woor Was | Tort on the tube, aionpnca tia : THE FEVER SHIP. The Inquiry Retove the Comminsioners of Emt- gration Resumed—Farther Corroborative Testimony as to Ill Troatment and Starvas tlou—Castor Oil as an Antilote to Starvation. Pursuant to adjournment the taking of testimony in this matter was resumed at three o'clock yester- day at Castle Garden, before Commissioner McElroy, Commissioner 0’Gorman having been compelled to absent himself in consequence of a preasing legal engagement in connection with the Court of Appeals. Mr. Charles H. Marshall, one of the owners of the James Foster, Jr., was present, with bis counsel, Mr. Hubbard. Genera: Jones was also present a8 counsel on behalf of the Commissioners of Emigra- tion, while Mr. George B. Smith took a seat in the Toom and listened to the peoceedings in the capacity of counsel for the passengers- ‘The firat witness examined was a young Scotch- man, named Peter Seouler, @ native of Glasgow, ‘who was examined at length as to the food supplied the passengers and their general treatment on board. This witness was a very intelligent young man, and gave his evidence in a straigh®, off-hand manner, well calculated to carry conviction with it, He corroborated very substantially all the other wit- nesses heretofore examined (and whose testimony was given verdatim in the HERALD at the time) a8 tothe bad quality of the food dispensed to the pas- sengers, the short allowance of the same and dearth of water allowed. A PARLEY RETWREN COUNSEL. In the middle of this witness’ exammation r. Hubbard, counsel for the owners of the vessel, i a o oe ae ni J Roy od the passengers is present; but jo not kuow of any Mravute that authorizes the trial of a case before the Commissioners of &) mm or others 1m a parti- san proceeding. I suppose, if the passengers wish to proceed by counsel, the proper place for them todo so 18 in court. There is no tribunal here for the prose- cution of a case, and certainly. if this case is going to be tried here the same as in court, | must make all the formal objections which the law entities me to. I do not know of any statute that authorizes these passengers to appear by counsel or that authorizes the counsel to put questions. I object to it. General Jones—You have no opjection to the counsel on the part of the Commissioners situng here, 1 suppose? Mr. charles H. Marshall—No; not to you, but to the other the other gentleman. 1 object decidedly gentleman being present, as a partisan apron ¢ Mr. George B. Smith—I thought 1 had a ng to come here and listen to the proceed: also thought that this was an investigation for the pur- pose of getting out all the evidence in the case, and as such, that i 1 kuew of anything that might be of service to the rs that I had a perfect right, as every citizen undoul has, to make suggestions ut, of course, if tne coun- to show my good faith in the matter I will withdraw. I th t certainly that this was an ordinary assembly to gain informa- tion, and that questions could be put by any ene. Generai Jones—All proceedings of this nature are, of course, open to the pubic, and if Mr. Smith de- sires to be here for the benefit of his clients hereafter T see no objection to his being here. I presume he has aright to make suggestions if he is in posses- to the Commissioners. sel on the other side ob; sion of facts that Commissioners should know; but I do not belleve he has @ right to put questions. ‘The matter here dropped, and Mr. Hubbard pro- ceeded to cross-examine the witness, without mak- ing him deviate in any material point from bis direct examination, THE LAWYERS’ PARLEY RESUMED. Mr. Smith here rose and said—t claim the right to make any jons on the words uttered by the witnesses in PI ig not an ings. e% parte proceeding. 1t comes within the words of the act, and in order to have the evidence as full as possible I should think the court should be open to evidence from all parties, Mr. Hubbard—It does not come within the mean- ing of the statute. The statute simply empowers the Commissioners to take testimony. I object to auy examination except by the Commissioners. Commissioner McElroy—1 really don’t understand it. There are three lawyers here now. I should hike to hear General Jones’ opinion on it. General Jones—I think if Mr. Smith should make tions to the Comuissioner the Commissioner might ask such questions as he suggests to him. This is really a proceeding de bene esse, These witnesses are now examined for the purpose of perpetuating the testimony, and they go away, aud no one may hear of them again, and the statate provides that testimony must be filed and left with tue Clerk here. Mr. Smith—I have no questions to ask of tails wit- ness. Mr, Hubbard—I do not understand that a witness in any proveeding is entitled to a counsel, if a wit- ness a complainant in @ proceeding he can have a counsel, al General Jones—Mr. Smith has a right to be here and to suggest any questions he thinks proper to the comm 1 A “CASTOR OIL DOCTOR.” Herman Brandt, a iad aged eighteen and a native of Poland, was then examined through an interpre- ter. After corroborating the other witnesses ia the main, he gave the foliowing additional testimony :— ‘The carpenter struck me several times; he wo strike me with @ stick, a rope or anything be would have in his hand; I was sick during the voyage solely from hunger; I had not the ship fever; I was sick from hunger only; the doctor said that all who were ‘not well should come and take “castor oil” Cross-examnined by Mr. Hubbard—I was sent to America by the Kothschitd Jewish Charitabie Society of London. which was formed there for the purpose of saving the Jews of Potand from Russian Contisca- tion; this society paid haif my passage and two more with me; we paid the other haif ourselves; sometimes the doctor went around @ the beds, end some of wem were sick, and he would give them castor oll, and other days he would stand atthe hatch and sing out for ail that were sick to come up und he would give them castor oll. ‘The furtuer hearing ol the case was here adjourn- ed to Monday. BOARD OF HEALTH. The Fever Ship—The Board After the Health Officer of the Port—An [avestigation Or- dered—The Horse and Cattle Stxbles. A special meeting of the Board of Heaith was called for two o’clock yesterday; but as there was not a quorum present at the hour named, Messrs. Stone, Manierre, Bosworth and Crane were on the eve of leaving, when Messrs. Brennan and Smith arrived. President Lincoln being absent, i/r, Stone was called to the chair, On the recommendation of the Sanitary Committee Drs. Charles Corey, Richard Wyckoff! and Saw uel J. Brady, of Brobkiyn, were appointed’ Sanitary In- spectors for that city, The special order for the day being called, the Board proceeded to the consideration of the lime burning establishment of Mr. Malone, in West Tweltth street, regarding which voluminous evidence had been teken before referee Hawley. Owing to the apsence of the attorney for the Board, the hearing of argument was deferred to a fature day. Dr. Stone stated that he wished to offer a resolu- tion, It had come to the knowledge of the Board that fever had been introduced into the city by certain persons who had cha ot emigrant ships. Notwithstanding that tais Board had thrown safeguards around tie and had @ Quarantine, the public had been ved to @ scourge, and Inquiries faved to find out who was responsible for the flagrant act. The time had come when the board should exercise its authority, place the respoustbility where 1t belonged and hotd the gality parles to a strict accountability for the act of infecting the city. ‘The iaw was sam- ciently explicit on the subject, and the offending party or parties could be prosecuted under it. He concluded by offering a resolution, to which Mr. Eaton, counsel of the Hoard, suggested certain ame nents, and which were accepted by the mover, aud the resolution, as amended and passed, is as follows:— Resolved, That the Superintendent be ordered to inquire and report to this Board how many sick prople and how many exposed to sickness from tho ship James Foster, Jr., Teacited this city, by whose authority they were landed ho is responsibie for thetr coming of being | me anc means of their reaching this city, the place of their ianding and who fn anywise aided or facilitated their coming oF landing Without a per.olt of the Board of Health, ‘The Sanitary Superintendent has prepared a re- quest, which will be acted upon at the next meet- ing, asking the enforcement of the following section of che health code:— SxoTION #, That any owner, leeses, tenant or of any stall, stable or apartrient In which aay hore, awive, of any other animal, shail be kept, or of any' place in which manure or any liquid discharge of such animals sball collect of accumulate witatn she bailt up portion of said efty oF village, shall cave sald liquid and manure tobe ao fre- quentl to some proper Aitensire accuntutation ; and shail to be Rept such stalls, tables and spartmens eo, yard® and appurtenances ia’ & clean oer ray aka te 0 heal rom Within’ B00 tect of aby cecupled’ swelling beusers or Bny. manufactory where more five are ployed, the removals from the stable shall Rot bem Sor wali the roaaure or refuge from the stabie be ahewea ee remain on any street or near such stable, any time be: tween et, ‘Orclock A. ae fix o'clock P, ‘4 ‘very guch ftall, stable or apariment where horses of cattie are kept ab an tin ound and properiy covered mauure vault of not \ess than pixty-four cuble feet capacity; but the Buperintenient or Buperintendent are respectively antLorized to issue perml reported to thi to be Board, regulating oven Tee removal evituiereald fours. A communication was received, and referred to the Health ear of the port, from the American rtiniqt big that yellow fever ts a Moar adjouraed uatil tas a ae thet island. ELECTION IN WARWICK, H. Y. next Saceess of the Republican Ticket. Warwick, N. Y., March 24, 1969, At the town olection in Warwick hold yes terday the whole number of votes cast was 915, againat 019 net year, The entire republican ticket Was electnd by 2. w majority of fitty., Joba hort was elected Sane: by @ Mnjority of Pixty+ two. ‘The democratic majority last year fox Super+ Visor Was 102 NEW YORK [fi#RALD, FRIDAY, MARCH 26, 1869—TRIPLE SHEET. BROOKLYN CITY THE COURTS. WNTED STATES CIRCUIT COURT. Report of the Grand Jurys Before Judge Benedict. ‘The Grand Jury came into court yesterday morn- ing and reported eleven indictments, and arestiil in dome, pe ender hate wi called + UMITED STATES DISTRICT COURT. Alleged Infringement on the Torrey Patent Door Spring—Motion for gn Injunction. Before J Benedict, E. 8, Torrey and Anot vs. Jabez Mason and Another.—Plaintif—s were, together with another person, the inventors, as claimed, of what is known as the torsional door spring, with the lower end passing through a bracket, for which a patent was issued in 1857. The whole title to the patent is now, by it of the half not ‘inally owned by. the plaints, ested in the Torrey’ ‘This case came up y morning, on a motion fora preliminary injunction to restrain defendants from manufactur ing and @ torsional spring, which is claimed to be an on patent of plain- tits, ment consists in the manner of fastening the lower end of ei rod, AmMdavits were introduced showing that by the admission of defendants a number of the door springs, claimed to be an infringement or ” ay gt patent, had been mauufactured and sold. It was claimed that there was no practical difference in the method of fastening the lower ends of the two rods in q It was claimed by we defendants that torsional springs, with the lower ends passing through brackets, were in use many years before the alleged patent was issued to plain- tiffs. The bracket of the defendants in question dir- fers, as claimed, materially in principle froin the bracket of plaintiffs. Decision reserved. G, M. Pilmpton for plaintiffs; N. F. Waring for defendant UNITED STATES COMMISSIONERS’ COURT. The Fever Ship-Examination of the Officers To-Day. Before Commissioner Jones, ‘The examination of James Glynn, the carpenter of the ship James Foster, Jr.; William Crathers, the boatswain, and Joseph Murphy, on charges of felo- nious assault and murder, will take place to-day. atten o'clock. The parties, who have been under arrest at Staten Island for several weeks, have been brought to Brooklyn, and are now in Raymond street jail. Felix Sobolisky, the cabin boy, has also been brought up as @ witness against the prisoners. The Alleged Drawback Frauds—The Case Finally Submitted—Decision to be Rendered To-Day. ‘The case of Korn, Laidlaw, Whimster, Wilson, Theriot and Dickinson, who are charged with de- frauding the government by means of false claims for drawback, was finally submitted yesterdvy. Mr. Hollis, counsel for Laidlaw, and Mr. counsel for Dickinson, were the only counsel who made any argument in the case. Mr. Parris, on behalf of the government, submitted the case without summing up. Tene Commissioner announced that his decision would be rendered to-day at eleven o'clock, and eyasen seat alt sie: panties wount be required w be presen! ‘SUPREME COURT—SPECIAL TERM. Decisions. By Judge Gilbert. George N. Miller vs. John P. White.—Motion de- nied on plaintim® stipulating to deduct the amount of former recovery. H. M. Stewart vs. Deborah Stewart.—Order for alimony modified so as to require plaintiff to give bond to the clerk to pay same amount monthly. Patrick vs. Owen Regan and Another,— Motion denied. Mary,McCarty vs. Dennis McCarty.—Decree settied. Tsai Gill rs. John McNamee,—Motion denied, without judice to an application after final deter- mination peal. No costs, a The Occan ‘Nacionad Bank, dc, 0s. Catharine M. Otcott, éc.—Motion denied without costs, with leave to defendant to demur in ten days. William J. Brevoort vs, James MoGrevy and Ain- other,—Judgment for plaintiff, By Judge Teppan. George W. Thurber and Another vs. Thomas G. Liitle,—Moiton denied without costs and upon con- dition that defendant, who now insists upon juris- diction being in a judge in New York, shall not dis- pute that jurisdiction in any motion plaintiff! may make in New York. CITY couat. ‘This court has adjourned for two or three weeks in consequence of the continued indisposition of Judge Thompson, who sailed yesterday for Charles+ ton Wer the benefit of ht health. He wilt return the second or third week in April. BROOKLYN INTELLIGENCE. Snor.irtixc.—James Donell was arrested and locked up in the Forty-second precinct station house on Wednesday night on a charge of stealing a coat from the clothing store of R. Rosenberg, No. 35 Ful- ton street. HELD ON A CHARGE OF ARSON.—The examination fm the case of Daniel Ruther, charged with having set fire to a house in Carroll street, near Nevins, was concluded before Judge Cornwell yesteraay, and the prisoner was held to await the action of the Grand dury. ALLEGED FALsSR PreTENcES.—Neil Costello was arrested by Captain Jacobs, of the Forty-second pre- cinct, on Wednesday, ona caarge of obtaining six- teen doilars from Patrick Harvey, of Plymouth street, under false pretences. Tne accused, as alleged, obtatned the money on a forged check. He was taken before Judge Cornwell, when the exami- nation was adjourned untii the 10ch of April. Fing.—The four story brick building No, 48 Falton street was desiroyed by fire at half-past four o'clock yesterday morning. The building was owned by Dr. Howard, who resides at present in Toledo, Ohio. His joss will probably amount (o $5,000, The fire originated in the basement, which was occupied by Jacob Woerhie a8 a shoe snop. Loss on stock, $5! insured for $1,200 in che Fuiton Insurance ¢ ‘The first Noor was occupied by Jolin Heinerschitz as a lager beer saloon. He also ocevpied the second floor as a dwelling. His loss is esiimated at 9,000; sured for $2,200 in the Rellef insurance Company. hird floor was occupied by L. R. Fish. Loss $200; Insured in the Manhattan Insurance Company. ‘The fourth toor was occupied by William Bouner- man, whose loss will amount to $100; insured. ANNUAL MEETING OF THE MERCANTILE Lipnary ASSOCIATION.—The annual meeting of the officers of the Brookiyn Mercantile Library Association was held last evening in the directors’ room of that in- stitution. The directors’ report submitted shows uhe affairs of the assoctation to be in a most pros- perous condition. The present number of books be- longing ta the library is 22,000, of which 8,722 have heen cireniated since the opening of the new butid- ing, January 25. During the last thirty days the average circulation a day has been 200. In Jan- uary last Mr. S. B. Chittenden offered to give $20,000 as @ nucleus of a fund of $50,000 to be ‘devoid toward the purchase of Looks, on condition that the balance of the sum be subscribed before the lat of April, Sixteen thousand dollars of the amount required has been already subscribed and the balance will be contributed within a few days, There is room on the shelves and in the al- coves on the second story for 60,000 volumes, while alike number can be accommodated on the third floor, makmg the total capacity of the library 100,009 volumes, The total reel from all sources during the past year have been $7,704, the expendi- tures — $7,! leaving 2 balance on hand of = $96. entire cost of the new build. including the was $149,295, The cost of furniture and fixtures was $8,404 19. There 1s no debt or encumbrance resting on the building. Donations to the ttbrary during the year were sixty- four rrotumes and fifty-three hiets, The mem- bers at present number 1,80 follp’ Perma- nent membership, 235; life, 888; honorary, members er eament of five dollars, 1,205. The rooms, one of the most praiseworthy fea- fares of the institution, are well stocked with all the best selections of literature of the day, and boast no Jess than 290 different m: ines. Ubrarian ts Mr. 8 B. Noyes; assistants, Mr. Willis A. Bardwell ‘and Misses 8. 0. Anthony, A. E. Anthony, B. H. C. Elder, Mary Gooding and E. J, Moore. New Ratroap Line Berwern New York ann Osw&G0.—There is a report from @ creditable source that Mr. Vanderbilt will buiid a road Syracuse to Conego, ce the east side of the river, and that the work will be commenced immediatety. posed to connect with the New York Centrat at on. thus mating apotner through line from Oswego to New York. The Delaware, Lackawana and West- ern Company wit immediately butid twelve miles of road from Binghamton to Great Bend, between et hee acing to use the track of the Erie, ‘The building of this short tion _ will render the Dela a wanes and Western — ny entirely independent, and give them rontgauge through route under one control from this city to New York. at and other move- menis of a similar character, bile to the m taxing awakened Vander- eceaaity of care of the Oswego bastness, and he has determined: to throw down a track from Syracuse to this city, The Central has plenty of rotling svock, and it is said ti competent. engineers pronounce the route throug’ lina, Liver- ool, PheMIxX aad Fulton to bo an easy and most favorable one.— Oswego F tiv, Maren 2, Great complaints aro made on aceount of the ecarcity of labor In Tennessee. Ml are otter: ing ty but Yau ve per cont. hit ya Willinyg LO fd 5 SUBURBAN INTELLIGENCE WEW JERSEY. Jorsey City. Tae Pavonta Horse RAILROAD.—AK the diMenl- ties inthe way of the operation of the new horse railroad from Pavonta ferry to West End, Hudson City, having been removed, cars will run regularly after afew days, This road will make a complete Bind iach te art lent a ‘ork. Jay res! ant Charlies H. Mcintosh superintendent. be Hudson City. A Boy Run Ovex on tag Rai-Roap.—A lad named Matthew Steele, ten years old, jumped on the platform of a car atthe west end of the tunnel on Wednesday evening, and while clinging to the plat- form guard he slipped off ana, failing on the rail, were horribly mashed. He was taken wu eee to the residence of his parents In He boken ayetne Fay one leg was amputated. It is hardly possible that he can recover, As all trains stop at each end of the tunnel several boys have been in the habit of jumping on the platforms for the ee of having a ride w! Passiug through the tuoi Hoboken. Row a? & Masquerabe.—During the progress of the masquerade hop given by the Hoboken Inie- pendent ‘Soctables at Buseh’s Hotel ou Weduesday night, a painter from Brooklyn, named George Cart- wright, was struck by a man wearing brass knuckles and had his face severely cut. Cartwright there- upon drew 4 revolver, but was prevented from u: it through the prompt interference of a member floor committee, who led hiin out of the hall, He was taken to the police station, and yesterday morn- ing was brought before Recorder Pope, who, after hearing the case, discharged him. This unpleasant occurence was a damper on one Of the most agree- able gatherings of the season, The club numbers among its members some of the most respectable citizens of Hoboken. A WEALTHY LAND OWNER ARRESTED ON A CHARGE oF Persury.—Some time ago Elisha Ruckmann offered to dispose of 3,000 acres of land lying be- tween Fort Lee and Hackensack to Dr, Benjamin W. King, of New York, for the suin of $500,000, It was stipulated that $100,000 should be paid down on @ certain day as the first instalment. King appeared on the day fixed but Ruckmann could not be seen. Subsequently the latter charged King with having violated the terms of the contract in not couung: to tract void. King imme ly tof Chan- cery for the faithful performance of the contraci, and the suit 1s pending. In the meantime Kuckmann) had King arrested on a charge of perj that King had sworn to terms witch !i agreed upon. Dr. King appeared b Pope, of Hoboken, and made aids ging Kuckmann with perjury on several occasions during the progress of the suit. Ruckinann was taken be- fore the Recorder yesterday morning and held to batl in $2,000 for trial. The property, itis estimated, is worth fally $1,000,000, on account of its proxirmity to the North river, and hence the alleged resistance of Ruckmmann to part with It on the terms first set down. Newark. Fire ON BSLLEVILLE AVENUE.—Yesterday morn- ing, about two o'clock, a fire broke ont in tn? barn and outhouses on the premises of the Foster Home Society, a charitable institution for the care of young children, located on Belleviile avenue. In addition to two valuable milch cows, worth each $100, there were destroyed. besides the frame building, @ con- siderable quantity of farming implements, carpen- ter’s tools and fodder. The loss will be about $1, and falls ratner heavily on the society «i the time. But for the presence of mind dusplaved by the matron, Mrs. F. 8. Stilson, the Gauage might have been yet more serious. Madison. Suppen Deato oF A CarHoLic OLERGYMAN.—The Rev. A. J. D'Arcy, pastor of the Roman Catholic church at this place, died in a very unexpected manner at his residence here about six o'clock om Wednesday morning. On St. Patrick’a Day he deliv- ered an oration on Ireland’s patron saint in Newark in his customary forcible and eloquent siyle, and appeared on that occasion the very piccure of robust health. I¢ is thought that his sudden demise ts chiefly owing to the results of a sunstroke which he suffered last summer. He was euly thirty-four years of age. and was high!y esteemed, as well by the brother clergymen as tie laity generaliy. NEW JERSEY LEGISLATURE. Yesterday both houses adopted a concurrent reso- lution to adjourn sine die on ti of Apt, The Hudson County Boulevard bill, which originated in the Senate, passed the House. It now awarts tre Governor's signature. Mr. Whelan introduced a bill to increase the salary of the State Prison Keeper to $2,500 a year. The bill for the extension of the State Prison was ordcred toathird reading. The bill to enable the Jersey City and Hobokea Horse Car Railroad Company to use the tracks of the Jersey City and Bergen Company on paying a compensi- ton to be determined by @ com uission was inde- finitely ee The joimt committee ap- pointed audit the accounts and mapect the - State Prison reported yesterday aitvernoon. The report expresse§ the satisfaction of the cominittee with the accuracy of the accoun.» kept by the clerk of the institution, Mr. Charieg F. Saixiand, and the good order and samitary condition of the establish- ment. Tue expenses of the State Prison for the last fiscal year amount to $¥5,309 63; earn $59,362! expenses connected with (he erection of female wing, $15,734. The total deficiency of the institution, from all souregs, amounts to $103,711 37, Tne Jersey City Pouce bill to elect four commis sioners passed ihe Assembly, and in the Senate, un motion of Mr. Tuylor, Was reierred to a jolt com- mittee, consisting of Senators Taylor and Hayes and Assemblyinen Doremus, Hawkins and Van Voorhies. They will probably report on Monday night. WESTCGESTER COUNTY. ExTeNsive Rospery oF Lixcy.—Some parties entered a laundry on the premises of Mr. A. B. Bull, at New Rochelle, a mght or two ago, and carried away a large quantity of family linen, amounting in value to not less than Tt appears that some members of the family Mad just returned from ® sort tour of three Ks, And this causing an accumulation of travel slained garments, ofered ,& bait for the robbers to nibyie at and es: Satousty Issunep py A Hor morning a German, named Ant kicked in the back by a vicions horse, reeciving injariesa from which it ts quite pos+r¥ie he may not recover. On being carried to his home a surgeon Was callet who discovered that his spine iamed a frightfui coucussion, while it was aiso believed that the most serious hurt was of an in- ternal nature. BURGLARIO’S OPERATIONS AT Rys.—The stables of Rev. ©. W. Baird, pastor of the Presbytertan church in this vitiage, were forcibly entered on Wednesday night, by unknown persons, who stole a valuable horse afer having the audacity to harness it to a buggy alse owned by the same gentiewan, ‘The burglary is kuown to have been covamitted early m the night, as a party who recornized Hott ine horse and vehicle saw them driven faptdly ont of the village towards Portchester ut haif-past ten o’ciock, . M. Not suspecting anythiag wrong, how- ever, he took no further notice of the or renee. On the same night the stable of Mr, I. A. Cargill was broken; into and a double set of harneas abstracted therefroiw, THE WEEKLY HERALD. The Cheapest aud Best Newspaper in the Country. ‘The Weexty Henatp of the present week, now ready, contains the very latest European news by the Cable up to the hour of publication; also Tele- graphic Despatches from Cuba, Mexico, Central and South America, aud other points. It will also contain:— An account of the Reception of ex-President John- fon at nis home at Greenville, Teau. He wakes @ speech—“There is life in me yet.” Criticisms of the Press on President Grant's inter. pretation of the Tenure of Office law. Curtosities from the Blue Book—Interesting Sta Ustics. An interesting letter from Mr. Henry Wikoff on “The Settiement of the Mexican Question.” Pull particulars of the Revoit at Sing Sing State Prison—Murder of a keeper and escape of convicts, Letter from George 8. Twitchell, the murderer of Mrs, Hii. Execution of Two Negro Murderers in Mobile. ‘They confess their guilt amd expect “to go straight to heaven.” Also the current News of the Week; the Fashions; Amusements; Varieties; Foreign Intelligence; Obita- ary Notices; Scientific, Sporting, “Religious and Literary Intelligence; Washington News; Editorial articles on the prominent topics of the day; vur Agricultural Budget; Reviewa of the Cattle, Horse, Dry Goods and Boot and Shoe Markets; Financial and Commercial Intelligence, and accounts of all the im. portant and interesting events of the’week, ‘ ‘Tenus:—Singie subdscription, $2; Three coples, 96; Five coptes, $6; Ten copies, $16; Single copies, Aye centseach. A limited number of advertisements im erted im the Wase.y HBRALD.