The New York Herald Newspaper, March 28, 1869, Page 7

» orders to remove one case. One order would not be NEW YORK CITY. THE COURIS, URLTZD STATES CIRCUIT COUT. The Union Pacific Railroad War—The Case in the United States CourtsThe Jurisdiction et the Court Denied=—Metion to Supersede the Writ of Mandamus—Judge Bintchford Holds the Writ to Have Been Obeyed—The Case Properly Before the Court—Pestpones ment. Before Judge Blatchford, The United States ex rel, The Union Pacifie Ratl- road Company vs. The Justices of the Supreme Qourt ofthe Slate of New York for the First Judicial District,—On this case being called yesterday @ mo- tion was made to quash the alternative mandamus granted by Judge Blatchford, removing the suit from the Supreme Court of the State to the United States District Court, Recorder Hackett appearing for Judge Barnard, to whom the mandamus of the court was directed, moved for a postponement of the case on the ground that the papers returnable to the court at eleven o'clock had uot been served on Judge Barnard tilt half-past nine o'clock this morning. He had not had time to institute a comparison of the matters embraced in the two orders, and he hoped, therefore, ‘we case would be allowed (o stund over, Mr. Field, on the same side as Mr. Hackett, and Pepresenting Mr. James Fisk, Jr., inquired from counsel on the other side whether the two orders were substantially the same. Mr, Tracy, Who with Mr, Barlow and Mr. Bell repre- rented the company, said the papers were substan. tally (he same, W, Field contended it was a double proceedt with Bon pd to which they inust elect as to whic! they igoupon, The sult in the State Court waa against twenty-seven defendants, presented by five.of the defendants in that suit for ‘the removal of the whole swt from the State Court into the United States Circuit Court. That petition Fede yr denied, Then several of these peti~ mers applied for the first mandamus to compel the judges of the Supreme Court to change their deter- Mounation refusing to certify the case here, and now pai of the petitioners apply to remove the whole ui ; re. ‘fhe Court—The first proceeding a} rg to be by the company alone, the ober roneting fe brought three individuals. with whoin were asgociaied essrs. Tilden and Allen, for the company, Mr. Clarence Seward submitted that there was no return as yet made to the writ, Mr. Field said that the petition of the Union Pacific Company for the cemoval of tie case to this court was denied, and that then, on the 23d of March, a ion Was presented to the United Sta tes District vourt for a Mandamus to compel the removal of the gnit here, and that again, ou the 25th of March, ex- actly the same petition was presented by other peti- tioners, and these identical questions are presented | ‘A petition was here, One order was served on Judge Bai at half-past nine o’clock this niorhing returpable at eleven o’clock. He would ask was that a proper proceeding. ‘ Judge Blatchford said he could not prevent any person presenting a petition to the Court; but if the tion was erroneous and not presented as a mat- of right it would be denied. Mr. Ficld—Your Honor can compel them to make an election. Judge Biatchford—I cannot compel an election where the same parties are praying for two didereat remedies; and if the prayers are the same and one graniod the other is supererogative. Mr. Field—The question here is on the application of Mr. Hackett fora postponement, whether on the round that the order of mandamus to a jude of the jupreme Court served after nine o'clock this morn- ing and returnable at eleven o'clock ougat to be in- sisted on. Judge Blatchford—Certainly not; suMictont time Mauat be granted. ‘The hearing on the second mandamus was then uurned to Saturday next, at eleven o'clock. Phe case of the otuer mandamus was then pro- c5eded with. Mr, Field said he thought the idea of the Court was that both questions siouia be argued together. Judge Biatchtord—My idea was that if argument ‘be had in this case argument in the other may be unnecessary. it appeared to hun that there was a Gtterence between the two cases on the legal ques- tions, and, therefore, if counsel desire it, he was dis to hear it and decide it. Mr. Seward wanted to know whether Judge Bar- nard makes a return to the writ. Mr. Cage rier at move on that we will answer. Judge Llatchford—The proper course in an alter- native mandamus 1s for the party getting the man- damus to show that it has been served on the person to whom it was directed, and then to show that it not beep comphed with. ‘Then his motion would necessarily be for a peremptory mandamus, and the answer to that 18 for the other side to show come ye @ peremptory mMandawus should not be gran MOTION TO SUPERSEDE THE WRIT. Mr. Field—My first motion is to the writ as being improvidently granted, Here is a mandamus, the prayer of which 1s that the Supreme Court t the service of the writ prayer of the moved into the Circuit Court, and that the Supreme Court proceed no further in the suit, That ls the prayer. Mr. Tilden, opposing the motion for quashing the writ, hoped they would be allowed to proceed as early as possible to present the grounds on which they asked the interposition of this court. Of course they could not deny Mr. Field the privilege which belongs to every counsel of skirmishing in advance and collateraily before reaching the main question; but they were anxivus to preserve the unity of the drama and to get as goon as ble to the points on which this case is to be Mr. Field contended that tuere could not be two valid aiter the other had been made. The gentic- men themselves had destroyed their own case. They Ege vino ool ig cy ey gO ‘and get the very ey wanted this court todo. The case is now out of the Court and is here. . Tilden—Does counsel admit that the case is removed to this court? If #0, no order can be made On a motion to quash the writ. Mr. Field—I would like to see the Jaw for that. Anything that shows a motion should be quashed is proper. The effect of these two orders is to get up a controveray between different judges. They ow a Mandamus against Judge Barnard to compel him to Temove a case to this court; he refuses; the; a and get a second mandamus from anol ete they want Jadge Barnard to accept the order of Judge that, Rosenkrans, No judge ts vound to do If a good order, there 1s an end; if not a good order, was not for them to say. motion 1s, your to supersede the writ; but it has al iy the proseating of the papers to your Honor wien you e nting papers to your wi ou lasued the mandamus, . Judge Blatchiord—It appears to me that when an alternative mandamus returned for non-com- pees at to be presented by some authen- communication that can be recognized from the mandamas is addressed. There onor, y Spenrie te re vhs weep wri, 1 10 the o resel from the ipreme Court, froma whtoun the ‘niendainus Field—The mandamus is addressed to the merger foo werner oa grep ms to come into conrt and suggest that this mandamus improvidenti; and therefore that it ought to t Lwi pe, & shape that will admit of no object: In behalf of James Fisk, Jr. 1c fon. of the cot well to the aMdavit ey Sterling, attorney u mitt trove on Aad i : E anit ATH | i < 3 Z late Y ‘legislation fengrersin eapect so moval OF cases to the Cn States courts, Wet lao this ground, that it 1s impossible to Gonareda. ‘We alig: taker the” teokatent Sb}oetOR that the writ wae not Clarence se’ FH 25 st E ie HH Ppt if - if is a He NEW YORK HERALD, SUNDAY, MARCH 28, 1869.-QUADRUPLE SHEET. question now for the « to consider is, has the mandam' com with? Judge ‘ne alternative mandamus: is addressed jue of the Bupreme Court and to the clerk of the and said Supreme Court the dei of 1 is, that its vaildity wae dy that {oP gp age ape at the grant acilo: be allowed to be removed, and that the State court proceed no further, or in default of this make knowa Why the same bas not been complied with. Now this paper is presented and filed on the records of the court. Itisentitied in the same suit, with the same plaintit!s and the same defendants, the Unton Pacific Railroad Company. Although it has not what ia called a “caption,” nevertieless If 18 @n- titled “in the Supreme Court,” and it is signed by a j of the Supreme Court, ana it must be ree garded, notas an act of a judge of that conrt, but as an act of tf court” itself, Tne court 19 = & unit, whether it be composed of one or a dozen, ond the act is the act of the whole court. Now part of the order, after re- citing the prayer of the peution for the removal of this cause to this court, in pursuance of an act of oO) and tie reading and filing of the bond offered, i 18 ordered In pursuance of said act of Con- gress that the gr fied and accepted is sufilcient: securly, and that the prayer of the petition be ted, that his suit be removed to the Cirem{ ‘t, and that the court first. having cognizance of it proceed no further therein, It, therefore, Is in Poality an order that a certain bond be accepted, Ue ges be granted, and that the suit be re- moved.tne whole suit—the entire sul', as regards aii the defendants, The mandamus is that the Supreme Court allow these actions to be removed to thiscourt, It also commands wat {t accepts the sureties referred to in the mandamus, which 13 diferent from the sureties tn the order; that It grant the er of the tion in the mandamus, which 1s ditierent from that named in the order, and that the Court cause all the action to be removed, Now the fuct that i. has accepted the petition for re- moval of the suit proves the validity of the whole thiag, aud this fact must be taken as a full compli- alice -a substantial compilance with the manda.ous, ‘The mandate ts obeyed, and this fact disposes of the whole ein this suit is how betore the Court. Ido not say that any such order would be necessary for the purpose of removing the suit, and the Court must now regard not merely the suit as removed, but as looking a tue Supreme Court as having allowed its remov: After some further remarks from Mr. Field, press- ing his motion to a peer the writ, the iollowing order was made by the Court:— ORDER HY JUDGE BLATCHYORD, At a stated term of the Circuit Court of the United States for the Southern district of New York, held on Saturday, Marca 27, 1:€9, present Hon, Samuel Biatchfo ‘Phe United States ex relauione of the Union Pacific Railroad Compan ve. the Supreme Court of the State of New York for the Firat Judicial district and the Clerk 6f said court, Tha United States ex relatione of Thomas C, Durant, John J. Cisco and Sydney Dillon, vs. the Supreme Court, &c. Proof of due service of the alternative mandamus issued in each of these cases on the Hon. George G. Barnard, one of the jus- tices of the said Supreme Court, and on the cierk thereof, hav- ing been furnished to the Court and the said relators now severally moving this Court for a peremptory writ of manda- mus in @ach of said cases, and Mr. D, Fieid, of counsel for James Fisk, Jr., protesting against the jurisdiction of the Cor and without Li otyy. any of the rights of the tald Flak, suggest In writs were Les and styned by Mr. Justice Rosekrans, one of the said Supreme Court, an exemplified copy of whic annexed, had been served upon the attorneys of said Fisk, an affidavit of which is also hereto annoxed, and moving to su- persede the said alternative writs, thereupon, after argu- ment, the sald motion 80 by the wald Fleid {a hereby de- nied {n respect to each of ternative writs. ‘Thereupon, on Gling in this court the xempilined copy of such order so hereto annexed, it fa hy this court, of its own motion, without the presentation to it of any further papers ur argu: ments, ordered that the said motious fora Uheacne anin oan damus in of said cases be and the same are hereby nied. This order being accepted by counsel, the further hearing of the case was postponed to the same dave as i io heard case—Saturday next, at eleven o'clock. UNITED STATES DISTRICT COURT. Property Confiscated During the War. Before Judge Blatchford, The United States vs, Twenty Shares of the Capital Stock and Eighty-four Shares af the Capital Stock of the Phenix Bank, &c., belonging to Isaac C, Altman and Verina 8, Moore.—A petition was presented to the Court on the part of Verina S, Chapman, for- merly Verina 8. Moore, setting forth that she was the owner of the eighty-four shares of stock pro- ceeded against in said action, and was a resident of North Carolina during.the rebellion. ‘That in 1564 her said stock was seized and proceeded against under the confiscation acts, condemned by deiauit, sold and the proceeds distributed to the United States and the informer, She asks to have the judgment and peccestons set aside as erroneous and illegal, and for restitution of the proceeds, and to be allowed to come in and detend the action, It was objected on the part of the United states that the Courf had no jurisdiction, under the cir- cumstances, to grant the relief sought. That the remedy for the petitioner, if any, was to bring a writ of error the alleged ‘unlawful judgment. W. E. Curtis for petitioner; T. Simons, Assistant United States Attorney, for the Un.ted States. UNITED STATES COMMISSIONERS’ COURT. Alleged Customs Fraud. Before Commissioner Osborn, The United States vs. Philip Conklin—The de- fendant was arrested yesterday afternoon by Deputy Marshals Dwire’ and Robinson on information charging him with smuggling 4,000 cigars brought into this port by a Havana steamer. He was held to bail in $1,500 to appear for examimation on Monday morning next at eleven o'clock, SUPREME COURT—SPECIAL TERM. The Union Pacific Railroad Litigation—The Case Removed to the United States Court. Before Judge Barnard. James Fisk, Jr., vs, The Union Pacific Ratiroad Company.—Pursuant to adjournment this case came up yesterday morning. Since the matter was last before the Supreme Court an order was obtained from Jndge Rosekrans removing the proceedings to the United States Court. Mr. Field, who appeared on behalf of the plaintiff, said he would characterize the order of removal in no more severe terms than by remarking that Judge Rosekrans was grossly imposed apou. He con- tended that the proceeding was one of contempt, to ish Mr, Durant for retusing to be examined fore a referee, The court had power to fine and imprison him. The clemency hitherto extended was on the ground of his submitting to an examination. Now the cause was removed to another court. After much discussion counsel moved for an order, returnable on Monday, to show cause why the order removing the case to the United States Court should not be vacated. The ————- was grauted. The following is @ copy of the order issued by Judge Rosekrans:— - CouRT, N, ¥.—James Fisk, Sry Piaintify, em The ‘rion Pari: Kailreat Company ant Otherrs—On reading and ling the potition of the Credit Mobiiter of Ai ‘Cornelius 8. Bushnell, Benjamin E. Bates, John Daft, Josiah Bardwe!l, Jonm Alley, Eoenezer Cook, F. Gordon, Dexter, John F Tracy, Henr; vom! iene jeane jams, Semndeh Makes, James &. Noiass James’ Hrooks; Bdwin D: Morgan, Oakes Aimes and Oliver Ames, petitioners, part of the above named defendants, for the removal of this cause to the Circuit Court of the Untved States for the Southern District of ft New York, in pursuance of the acts of Congress in such case made {and on reading and filing the bond offered by suid petitioners as aurcty in pursuance motion of snd Olmstond attorneys for, sald petitioner, It te or- di the ‘of Congres, that anid petition be filed, and that eald bond be accepted as good and Sufficient surety’ by sa fd acts in required, and that the prayer of sald petition be and, hereby fe ‘and that thin autit be removed to said Cirents Court of the U for the Southern District of New York, ‘no further in said suit, and that all further proceed- ‘this action on the part of the plaintiff do cease and be x ot the Clty and County of New York te directed to enter th jer. Dated at the city of New York, March 27, 1849. E..H, ROSEKRANS, ‘Justice Supreme Court. SURROGATE’S COURT. Before Surrogate Tucker. Wills admitted—Murville Shumway, Mary Gray- don, William W. Chester, George Vetter, Louise £. Senwein, A it Zen Mi ._ Weibottuer, Catharine “T, ortimer, Lemie Dinkensprel, Eliza- beth Johnson, Ring and Martha Biise. Letters of administration ited—Letitia E. Frey, Mery Jobn W, Steinfeld » VN. Liv! ston, J Herbert, Henry, Heten Ward, Oliver Jonnson, George W. Juven, Atrens Charies M. Josias Scudder, Peter Hut, An- drew tlotte Micke, Cacharine Mullins, George Nazarins, Charles Renauit, Margaret J. Reid, Catharme Woreter aud Margaret ing. FST BISTRICT CIVIL COURT. A “@asoline” Cane. claimed that they furnished the defendant, who had ‘A gas house on a ‘scale in his private house in Brooklyn, with @ of line or naphtha to the velue of $44 9%, ined ‘not been paid for the inflammable material. i) ra not murementa; that th merchanta- bie article, and the world of He also ‘on the ground ‘that the material was * tifts, and duly avenmes 1 of January last. it the fn Brooeiypy Keown as and us Re from Pam nae oa as net tue dts. co! he Gas 9"? to it, aed to ex it, aud subsequently took it judg ment for defendant. SIXTH DISTRICT C.VIL COURT. Before Judge Loew. James Anthony 00, Alderman Repper.—The plain lft Glieged he sold the defendant liqeors te the food nad’ Seen sola*fS"the wom of the ofendaat, who was the proprietor of the liquor store at which they had been delivered, and that the son had paid $120 on account, and iherefore the plaintuf had sued the wrong party. Judge Loew accordingly dismissed the complaint, Spile Milk. Michael Fogarty vs. Evan Thonuas.—On the 10th of February last James Currolton was driving a truck miik wagon as an employé of the plaintiff, and white serving a customer with milk in Thirty-sixth street, between Fifth and Sixth avenues, the de- fendant or his agent or servant, Who was drivin another milk wagon, ran into his wagon and pin: 4 Carrolton’s horse with his whip, cansing him to run away, spilling the milk and injuring the wagon to the extent of twenty dollars, ‘The de tt denied tne allegations in the complaint, pleading nogli- gence on the part of the plaintiff's driver, and that no negligence on the part of the deiendant lad been ailirmatively proves Judgment for plaintitt. C:T¥Y WPELLIGENTZ, Tux Wearner YEsTeRDAY.—The following record will show the changes im the temperatare for the fast twenty-four hours, as indicated by the thermo- meter at Hudnut's macy, HERALD Building, Broadway, corner of treet, — . 68° «3PM + 68 57 6P, M « 62 6 9PM... 2 68 63 127, M . 53 Average temperature...... 59% Average temperature Friday...... 513g Average temperature for the past week. 466 Tux Morour—“UNKNown.”—Warden Breman ports that the body of an unknown man, five feet, nine inches high, was brought to the Morgue vester- day afternoon, near Harlem bridge. Deceased was attired in brown woolen jacket, dark vest, black pants, white shirt, two gray uudershiris and boos, fhe body was too much decomposed to be placed on the Morgue for identification, Tae CupaAN Lapiks’ RELIEF AssocraTiON held their fifteenth regular meeting yesterday at the St. Juiiep Hotel, and made arrangements for a grand vocal and instrumental concert to taxe place at Steinway Hall in about two weeks hence. Clara Loutse Kellogg, Lotti, the tenor, and Mariano de Lafuente are among the artists who will appear, and the proceeds of the entertainment, which are to be pe send to the Cuban revolutionists, are expected to Tue CoLLEGR OF THE Crry of New York.—Mr. Alfred G, Compton having been elected to the chair of Mixed Mathematics in the College of the city of New York, made vacant by the death of the lamented Professor Nicuols, the members of the faculty, as weil as a large representation of the Alumai will tender tim their ¢»ngratulations at a dinner to be given af Delmonico’s, on the evening of April 2. Professor Compton was one of the eariiest graduates of the college. Tae Costom House.—The fact of the confirmation of Messrs, Grinnell and Merritt, respectively, a3 Col- lector and Naval Officer had the effect of drawing to the Custom House af an early hour yesterday a few anxious and expectant applicants tor position. They were, of course, rather ahead o! time, as neither of the gentiemen, it 1s understood, will assume the duties of their new positions before the 1st proximo. Business, of course, goes on as usual, and those who have been taitaful and efficient, it is asserted, have received intimations to the effect that they will not be disturbed, The drones and many others wio may have had reason to believe that their positions might be filled somewhat better than they have filled them are naturally on the auxious seat. Suppen Dearus.—Catharine Fermer, 8 woman thirty-five years of age and a native of this country, died suddenly at half-past twelve o'clock yesterday morning on board the canal boat Bristol, lymg in the slip between Harrison and Jay strects. Coroner Sehirmer was notified to Mold an inquest, ‘The game coroner was called to hold an inquest at No, 96 Oliver street on the body of John Sullivan, who died suddenly at the boarding house of Timothy Tracy, as above. Deceased was thirty-four years of age and a native of Ireland. John Huest died suddenly at No, 120 West Houston street. Coroner Schirmer was called to hold an inquest on the body, METROPOLITAN POLICE BOARD.—A session of the Metrepoiitan Board of Police Commissioners, was held yesterday, As no opinion has been rendered by counsel as to the power of the Board to compel the late chief of detectives to pay over the moneys secured by him, action on the subject was deferred. ae James B. Philllps, Fourteenth precinct, for feigning illness; Bernard Smith, Sixth precinct, for being off his post in a liquor saloon, and John Ralph, Forty-second precinct, for making false statements lor the purrpose of obtaining a leave of absence, were dismissed the force. John J. Doyle, Fourth precinct, tried on Friday last for realating @ ‘Third avenue car conductor, who had ejected him from the car. was fined five days’ pay. In the most aggravated cases, Lockwocd, charged with breaking into a house in Washington street, at and Gavigan, detective of the Four- teenth precinct, tried for pummelling ay old woman, named Pearce, in Elm street, some two months ago, the Board hang fire and hesitate in giving judgment, WOMEN’S RIGHTS AMONG THE GERMANS.—At @ recent meeting of the German Society for Intel- lectual Progress, which holds weekly sessions In West Thirty-sixth strect, the question of womea’s rights, and especially the proposal of extending the elective franchise to woman, was discussed spirit- edly and at length. Dr. Adolphe Douay was the principal advocate of the women and Dr. Simpert spoke as earnestiy in opposition, The first insisted that as women have all the duties to assume alike with man, and are the equals intellectually of the male sex, they should no longer be thrust into un- merited subjection and ese slavery, but should be endowed with all the rights which the men themselves enjoy, and he claimed that it was the imperative duty of the men no longer to withhoid these ts from the women. Dr. Simpert was equaily emphatic on the other side. He reierred to physical ities and inca cities of woman, and quoted the dictum of Dr. lelmont, repeated by Professor Virchow:—Propier solum ovartum mulier est td quod est, He maine tamed further, that but an insigni(icantly small por- tion of females prefer any claims to political equaity With the male sex. | Should a large wajority of the women demand it it mignt be granted, but he felt sure that in less than ten years the women them- selves would throw it up in «i t Woman's dominion was the family. There influence is beneficent. The rough flelds of political contests should remain strangers to the soft nature of woman. The debate was continuea for some time, growing quite warm, and will be resumed at the next meeting of the society. THE STATUE OF COLUMBUS. Correspondence Relating to the Presentation te the Park ef the Colossul Figare. The following is the correspoudence in reference to the recent donation of the colossal statue of Colamons to the Park and fally explains ttself:— ae “sos H. Green, Comptroller of the Central MY Dean Str—I have the pleasure, through you, to present to the Central Park Commissioners the colossai statue of Columbus, the work of our ‘gifted countrywowan, Emma Stebbins. Columbus is represented as standing upon thé deck of his ship alone aua at panies, just before the jand of the Western Continent burst upon his ‘His mutinous crew have ali deserted him and he, the intrepid discov- mn the radder c |0OKS camer, anxiously formar piercing the darkness with the eye of faith, and with earnest prayer to Heaven for success waits for the dawning of the ce ag A which, coming at last, brings with it vii a in its conception and This statue truly beautiful In its execntion, worthy indeed to pceupy Cen: Park, It w ——) Place in our id one more attraction to thal oon f Spot which the Commissioners and yourself have 80 much to adorn for the pleasure and delight of the The statue and pedestal are both at the Academy of Design, subject to your order, as soon a8 @ suita- Md house has been era to protect the from the weather. With the hope that the Commissioners will be able to provide tale during the present season and receive the proffered gift, remain your obedient ah MARSHALL 0. ROBERTS. Frere Avexce, Corner oF EIGHTEENTH STREET, New York, Feb. 1869, OFFICE COMMISSIONERS OF CETTRAL PARK, $1 Nasgav @Treet, New York, view. are feasting below, while erer, with # firm Ton, Mansnaut 0, i ea MAYORS OFFICE. Business at the Bureau of I,icenses has not flagged much during the paat week, and Marshal Tooker, with his assistants, Messrs, Daly and Hartt, have had their hands full, attending to complainants and de- fendants in cases which for the most part have been quite trivial. Owing to the prompt measures pur- sued by the Marshal the bogus intelligence omce business has been almost completely stopped, and “coachies® and track and cert drivers Keep themselves on their good behavior, 4m ferreting out offenders and swindlers and compelling the return of moneys legally obtained detective officers MeGrath and Youry, onduty at the Mayor's office, have been kept pretty busy by the Marshal and have rendered him efficient service. During the past week they have been tn- strumental in having refunded ninety-seven dollars to over-confiding young men seeking situations, An amusing complaint containing A NEW DODGE was made before the Marshal a few daysago, A gentienan appeared and complained that he had engaged coach No. 475, near the corner of Highth street and Broadway, to be driven to Fifth avenue, near Thirteenth strect, and for that be paid fifty cents, ‘The party on whom he called was mot at home, aud he then asked to be driven to the corner of Four- teenth street and Seventh avenue, For this the driver asked $1 59, The gentleman demurred to thia charge, but handed the driver two doilars, The driver refused to give him change, and the gen- tleman, knowing that he might obtam redress at the Mayor’a oifice, allowed the matter to drop at the time, look the number of the couch and made the complaint as stated. The owner and driver of the hack, No. 475) were sent for. Froim their story tt appears that the driver went into a saloon to get a cup of coffee, and on coming out found that his coach was goite. He reported the fact atge station house, and while tie driver and the police were looking for the coach the gentieman was bell victimized by the coach thief, The coach was foun next morning rather used up and the horses’ knees skinned, There is but little probability of the vic- tumized gent obtaining his money, #ihough the poiice are on the lookout for the sharp, se.\-appolated coachie, . THE PAWNBROKERS ap) to be coming in for a good share of the Mar- shal’s attention, and some of the many doaiges prac- tised by them are belag exposed. The system of charging storage on light artici.s the Marshal is de- termined to break up. 98 namerous complaints mm that regard have been made to hun. The following are the lacest:— I, Simons, of No, 66 Catnarine strest, was charged with demanding extra storage on goods pledged with him. ual Tooker informed the pawnbro- ker that he had no right to make an extra charge for siorage; it amounied actually to charging extra percentage, and this he had no right to do under the ordimances. The complaint was that a watcn liad been pawned for six doilars, which amount the pawnbroker paid aiter deducting five cents for the revenue stamp; but he marked oa the ticket six dol- lars and twenty-five ceuls, siating that the extra twenty-five cents was for storage, and he refused to deliver the goods uniess the storage money was paid. Marsha! Tooker ordered the broker to settle the matter with complainant and make no exla charge for storage. M. Mamx, of No, 80 James strect, was charged witn having stated to a customer who had pledged some goods with nim, when the latter wished to re- deem them, that they had been taken out on a “stop ticket.” The busiaess manager of Manix testified that a little girl called about ten days after the goods had been pawned and said the ticket had been lost. He gave the child a “stop tieket,” and on that the goods were taken out, Ihe complaiuant bad the ucket in her possession and stated that she had never sent anybody to stop the ticket. 1b appes that the pawabroker had not required or ob any evidence of the loss of the ticket when giving the “stop cket,”’ and as the diiticn.ty arose entirely jrom the careless way in which the business was done, the Marsal seid that the pawnbroker ought tosuffer gud thereiore learn a@ lesson, aud he re- quested him to refund the value of the goods, Louis Swartz, of 588 Third avenue, whose license was revoked some tine since because of his manner of doing business and for alieged complicity in swindling operations, Was complained of as still carrymg on his business, ‘The Marshal, therefore, placed his case in the hands of the Coiporation At- torney for prosecution, TAE CARTMEN'S PROTECTIVE UNION having compiained of Michael Reilly, of 649 East u Nixteenth street, ior running more carts than he had licenses for, and therefore violating the corpora- ton ordmances, has created quite a sensation, Coun- sel have been engaged on both sides, and tie trial Will come up to-morrow at noon GENERAL BUSINESS. During the week a large number of fines for viola- tions of corporation ordinances have been imposed. In most cases the fines were all comparatively light as the oifenders erally are poor men and en- deavor to avoid being found delinqusat a second time. Marsal Tooker in timposing a1 git fine ex- pressed the opinion that It would be productive of a8 inuch good a8 @ heavy one in most cases, and toat if @ person were determmed to 40 Wrong dning would not deter him. p- Licenses have been grante.!‘as follows:—Express, Yo; venders, 42; cari, 62; drivers, 97; coaches, 4; boarding houses, 2; porters, 7. Total, 224. Total amount received for licenses and tines, “6 THEO.” ALLEN IN A NEW ROLE. His Alleged Successful Attempt in Rescuing an Arrested Ilinois Escaped Convict—Two Gentlemanly Deputy Sherifw—The Eighth Ward Gang Again. At four o’clock yesterday atternoon, as the bust- ness of the day was being closed at the Jefferson Market Police Court, there came before Justice Led- with a motley crowd of well known characters of the Eighth ward, prominent among whom was their reputed chief, “Theo.”’ Allen, who was in charge of Sergeant Christie asa prisoner. So soon as order could be restored in the court room an individual owning a pair of very broad shoulders and wearing his hair closely cut stepped up to the railing and accused “this man, ‘Theo.’ Alien,” of rescuiug from him by force an escaped convict from the Tilinols State Prison at Joliet. ‘You see, Judge, I have the authority to arrest one William Forrester, who was convicted tn that State of bur- glary, and sent to the prison there for thirteen years, He escaped, and, upon the requisition of the Iinots authorities, Governor Hoffman issued this document.” Here the complainant drew from his pocket an oficial paper from the Department of State at Albany, duly signed and sealed, directed to Sheriff O’Brien, authorizing the convict’s arrest, Upon it there was an endorsement directing Robest F. Townley to make the arrest, which order was signed by the Sherif. “And are inn ‘Mr. Townley f’ sata the Judge, fook- ing at compiainant, “Yes, sir; T belong to the Sherif’s ofice, and am a ui detective.’ “Not of the Metropolitan Police Department +" “NO, sit Sepecial detective deputed to make this “Well, Mr. Allen, you have heard this charge. ‘What answer do you make?’ prisoner. six mow me—had a smal street, near Prince, and knowing him to be a thief and tuinkang he was robbing the little fellow I went up and puil hun out from under when he ap and walked*away. I did not know the little -fellow, nor Cite a detective, ot did’ 1 know it then. it" was was & 1ve, Ww was afterwara, when Sergeant Christie arrested me, that ‘unis charge was made,”" In sapeat of tas tlatement Soere sogeored for Allen three witnesses, weil known tn Eighth who corroborated 4 F 3 tigon, the that it was an “ordinary ight between car juctors.”” Ly ae ed iy you too, that I the most respectable of our citizens, and usi the language that you did toward anvther, be itwhom ¢ may, m, 1 think, extremely censurable, Allen you can 000 Here *Theo.’¥walked out of court, the old smile of triumph lighting up his features, and at the aoor he met many of nis comrades who congratulated Pe npoe his liberation, Meanwhile where is ‘orrester? * SUBURBAN INTELLIGENCY. NEW JERSEY. Jersey City, CLEANING THR SPREETS.—Mayor O'Netl!, after several ineffectual remonstrances with the Com- mon Council on the filthy condition of the streets, has at last taken the work into his own hands, He has refused to sign any warrant in favor of the Street Commissioner till an investigation is made into the periormauce of the contract, Tue BovLevanps.—The Hudson County Boule- vard bill has passed both houses of the Legislature without any amendment. ‘The report that Mr. Meigs was added to the commission is erroneous, ‘The aggregate length of these boulevards 1s thirty- two miles, the avenues to be 100 feet wide. The work ts to be completed within five years, and the cost thereof, including the value of lands and bulld- ings, is estimated at $2,300,000, to be assessed on all lands beneited thereby. FERRYBOAT ACCIDENT—Nannow Escare.—The ferryboat Jersey City was entering the slip on the Jersey side at six o'clock last evening, when an accident occurred which well nigh proved disas- trous. The pliot gave the usnal strokes of the bell to reverse, but from some mistake in the engme room, or, perhaps, the great force of the tude, the boat rushed into the siip with great force, The pilot, with excelient fore- thought, called out from above to the passengers m front of the boat to fali back, and they bad just time to do so when the deck of the boat rau under the bridge, driving away the float, Twelve feet of the guard rail of the boat on the gentiemen’s side and eight feet on the iadies’ side was stove in. Several paseengere. were thrown down. but no person was hurt, One lady fainted and a great many were so frightened that a pante would probably have ensued but for the coo! and energy of the deck hands, who were fully equal to the occasion, ‘rhe shock was 80 great that the entire depot build- ings trembled. Hoboken. Tm: Lave AFFRAY aT WEEMAWKEN.—Henry Prince, who was so brutally beaten at Weehawken @ few days ago, was suficiently recovered yesterday to appear before Justice White to have the assailants arrested. A warrant was thereupon issued for the arrest of Francis Polleck, who, it is alleged by Prince, urged the men to beat him in the saloon. The other parties will be also brought to justice as 6002 83 possible, Communipaw. Tur Srock Yarns.—During the past week there arrived at the stock yards 233 cars, containing 1,874 cattle, 8,187 hogs and 10,883 sheep. There were slaughtered during the week 490 cattle, 8,017 hogs and 8,112 sheep, Hudson City, THE REIGN OF RUVFIANISM.—Two rough-looking fellows, young in years, though evidently not so in rowdyism, went into the house of Mr, Adam Sieg- friez in Clinton street yesterday afternoon, and tind- ing the wife of the proprietor the only inmate of the house they asked her some very impertinent ques tions, but received no \yery satisfactory auswera. They then proceeded to help themselves to what- ever ong could lay their hands upon, and when the woman interfered they knocked her dowa, kicked and beat her in the most brutal mauner. She managed to get out of the house and secure the aid of a police oficer, who arrested them, They gave their names a3 frank Johnson aud Patrick McEiroy, Yesterday morning they were taken before Recorder Aidriige, who sent Pat Jor thirty days and Frank for twenty days to the county jail as vagrants. They fared more fortunately tian many men who are now in state Prison for a lighter offence than that charged against them. This case, in addition to that of Cunningham, published yesterday; Jake Bieler, last Sunday, ahd Fox, three weeks ago, iurnishes ebundaut evidence that rowdyism is rampant in Hudson City and should be checked promptly and with 2 firm hand. Bergen City. Tue CuarTur Evverion.—A reppbitean primary meeting was lield in the hall of the Grand Army of the Repudlic on Friday night, when Dr. Coruelison was nommated for the Mayoralty. “Mr, J. B. Cleve- lund, 0 of the must prominent members of the democratic party, is mepuoned as Lis oppouent, Newark. DusrERaTe ENCOUNTER BETWEEN BURGLARS AND Tuk POLiC: 0 “ORACKSMEN’ CAPTURED,—After a lengthy season of torpidity, the resuit of an absence of anything like work, the police of this city have been aroused from their lethargic slambers through the exciting experiences of the first part of the last forty-eight hours, Late on Friday night two offices attached to coal yards—one located on Raliroad avenue (Vaa Name's), the other (Loyce's) on the cor- ner of Katlroad avenue and Mulberry place—were discovered to have been broken open, the places ranaacked, but nothing carried off, owing, beyond a doubt, to the fact that there was nothing in either place worth taking. This information was reported at police headquarters, and instructions were given cailing for increased vigilance on the part of the patrolmen doing duty in the vicinity. About one o’ciock in the morning officer H. D. Smith, while olng past a large jewelry manufacturer's place on Hamilton street, noticed something suspicious in the movenients of a party of three men. Not being armed the officer quietly waiked off, while, as he a) an alley way, some one remarked, “Will I go for him?’ ‘rhe Officer whistied to keep up his courage and moved away. Soon he returned in compaay with Sergeant Garrabrant, ofiicer Hickey and a private watchin: named Duna. White peering into the alley Garrabrant was sudden; r7 throttled bya man. A sign ficaut movement pocker- ward by the latter was observed by the sergeant, and the introduction of @ revolver by the Low recog- nized outlaw prevented. The fellow made a despe- rate effort to escape and the over oilicers ran to Garrabrant’s assistance, and, in doing so, had the satisfaction of secing two others of the gang make good their escape, While Garrabrant and ancther officer proceeded to the station house with their risoner the oLaer members of the force commenced unting ap the flown birds. About hall-past four o'clock Seegeans Miller, who had been apprised of the matter, discovered the two suspected individuals endeavoring to get on board a train while it was rounding the curve between the Centre and Market sireet depots. Aided by Mr. Dunn one of the two was nabbed after a desperate fight. About tis tlie Ofticer Ronnell hove insight and assisted Dunn in bringing the last mentioned p! in, while Miller started afver the third fellow. The sergeant chased his man into @ stone yard and grappl with him, ‘The teilow seemed determined to make another bold effort for his iioerty and fought the officer in a spirit and style we @ better cause, Finaily, alter tumbling over and over among the stony fragments, the fellow by movement slipped out of both his coats aud them in gene of the prostrate oficer, Ere th@ latter, who was now quite exhausted, had his ft the irgiar =had out of reach. & ‘revolver at the , Who was unarmed, he exclammed, “Take missing bis man, however. He then disappeared. cas gee | it was discov- stolen frou nop un te Vicinity, whlch i mater shop tn the vicinity, which it 4s suspected rado stole and in ise eluded the vigilance of the officers who were wait for him = day Lad of t attack. tw f had chai th, bat the failea to it asunder, It contained worth of hen f In his tussle with his man Ser. geant Mil his hand bitten severely, aid his Clothing aud body pretty severely landied aise. Morristown. THe MeTwopist Camp MBETING ASSOCIATION.— Under the provisions of the act incorporating the Newark Methodist Episcopal Qonference Camp M Association, ently passed met here oi Legiiture the trustees as : | a Fees 7 memmnerenrrmentinaaria aieininnce, five months out of a like sentence, while the others were for short periods re had not long 60 nerve, Deakton was imprisoned yy Two of ihe females had been confined only @ of months, ‘The total number pardoned up to date is thirty-seven. The Court will sit till the z ment of the Court of Errors and Appeals, The Court ot Pardons is comprised of the Governor, Chancel- jor and the lay judges of that tribunal. WiSTCEESTER COUNTY. SCARLET Fever aT YONKERS.—A most malignant kind of seartet fever is prevalent at Yonkers. From tree to eigint tatal cases oceur daily. PROBALE Fara. Casvauty.—A lad, fourteen years old, named George Mildeberger, residing with his parents, on Broadway, Tarrytown, accidentally shot himself while careicssly handling a loaded pistol, on Friday afternoon. The ball entered the youth’s abdomen, and, ranging downwards, todged, sume- pei ee | yr o iup,_and has so far bal- sur, eiermining its exact location. itis Delleved that the wound is Mortal, RELIGIOUS OBSERVANCES.—'To-day being Easter Sunday, St. Mark’s (Episcopal) church, Tarrytown, will be handsomely decorated with towers, Church services are to be held in the morning, afternoon and evening. Baptismal ceremontes for adults will be performed belore the morning service, aud m the afternoon the same rites will be extended to the little ones. It is announced that Bishop Potter will attend ihis churca to-morrow evening for coniirma- Uon purposes. ESCAPE AND CAPTURE OF A PRISONER.—A noto- rious thief named Thomas Connors, who was sen- tenced a few weeks since by the Police Justice of Yonkers to six months in the county Jail for petty larceny, contrived to effect his escape from the lat- ter place during the week, Being unabie to keep away from his old naunts Connors arrived at Yonkers by steamboat last Friday morning; but searcely had he struck terra firma before the vigt- lant eye of roundsman Weston detected the fellow, the result being that yesterday he was conveyed back, securely handcuffed, to lis legitimate quarters. YoNKERS TOWN NOMINATIONS.—The democracy of this town met at Flagg’s Hall on Friday evening and there nominated their standard bearers for tie pott- tical straggle which ts to take place next Tuesday, Principal among the nominees of the party are Ed- ward De Witt, for Supervisor; Henry V. ge tor core Clerk, and Daniel Shannon, for Justice of the PACE, Lest evening the republican electors assembied at Humboldt Hall and decided on their candidates— those for the three leading offices being Henry U. Elis, for Su isor; James’ W. Mitchel, for 2 Clerk, and Willlam Ruey, for Justice of the Peace. AN ApROIT SWINDLE.—A fashionably attired stranger alighted from a train at the Yonkers depot flew days since, and having engaged board at a hotel near the river, was particular in ordering the porter, who conveyed his immense trunk from tha depot, to handie it carefully, the contents therein being valuabie, After seelng the baggage deposited in his ent the fellow, on the same day, went to an adjoining livery stable, where he hired a horse and buggy to visit a neighboring village, and in due time returned, settigng his bill for the same. Next morning, however, he again visited the stable, and requesting “@ stylish turnout,” was furnished with @ horse and vehicle valued at $300. ‘The sequel nay briefly be stated. The scamp forgot to come back— “only this and nothing more.’ On examination of the luge trunk its sole contents were found to be & large boulder snugly wrapped in a bag of straw. BROOKLIN INTELLIGENCE, Crme.—The various Police Justices in Brooklyn disposed of 283 prisoners during the past week. This is forty-three leas than was disposed of the week pre- vious. ACCIDENT. Joseph Lee had his ankle fractured on Friday night by being thrown out of one of Blakeley’s express wagons at the corner of Fulton and Tilary sirects. The accident was caused by the wagon comlug in collision with a carriage. DiscHar@ep.—Joun Ashofl, wo was arrested om Friday nigut for stabbing Jon Ferris, was taken before Judge Cornwell yesterday morning, and dis. charged, the evidence slowing that it was done ta self-defence. Convicrep oF Roxpery.—Robert Murray was taken before Justice Riley yesterday and convicted of stealing forty dollars wortn of copper bol! alnts, &c., from Ue shipyard of Schultz & Dean, ie foot of Partition street. He Was seat to the. Penitentiary for nmety days. Tuurr or a Drart.—John McCormack was ar rested by officer Lee, of the Forty-iourth precinct, on Friday night on a charge of stealing a draft for six pounds on the Bank of Iretand from Thomas Fian- nery. The parties are room mates and.board at the corner of Classon avenue and River street, and the accused, 8s all the trunk of the com- platoant and took the draft therefrom. It was re- covered from the Brooklyn Post Office, the accused having aged Bae o his cong a He was taken before Jus orn ws morning and committed to await the actuou of the Grand Jury. DeatH FROM VIOLENCE—A CURIOUS CasE.—A case dcmandlg the attention of the authorities has just transpired in Brooklyn. The particulars of it may ‘be stated in brief:—About a year ago two English- men, named respectively John Neal and George Swann, boarded at the house of Mra, Thompson, corner of South Second and Fifth streets, E. D. Mr. Neal was a man of sixty-nine, a copper plate printer by occupation, who 'd on business in John s'eert, New York, for forty years. Mr. Swann wasa vigor- ous, middie aged man, About @ year ago, as above stated, a didiculty between Mr. Swann and bis wife occurred at the breakfast table, when the former took up a knife and made an assault the latter, Mr. Neal, at this junctare, interfered to deadly assault, when Swann turned upon him, threw him upon the floor and thus fractured his hip, The mjured man was kindly for by Mr. and Mrs. Thomy until three years ago, when the friends of assailant offered to care of hin, He accepted their offer, and was conveyed to the Asylam for the Poor, at where he died from his injuries on Thursday night and was clan who attended Mr. Neal Te- for England. ‘Tue Incoms Tax.—The following ts a list of par- ties reporting incomes of over $10,000 in the First Division of the Timrd Assessment District, com- prising portions of the First and Third wards:— Bowen, H. B a Bunler, D. 15,572 so. Di Dyke, Henry. Farren, OF: 10,503 Farmer, 4. D...... 19,788. Fayerweater, D. B. 30,674 Foster, ©. G . 17,209 Foster, Wm. - 10,740 Foster, R...... Gaiel FD. Green, THE INDIAN RANGE IH TEXAS. {From the San Antonto Herald.) From the mouth of the San Antonto NY ais 355 from Nueces over to Devii's river, jedina, Frio ward ts the ange of the Kikapoos. From the Tatere of the Laano, Concho and, Colorado, bay ot aml oy Mountains, is the Hu i Ef ; i i at #