The New York Herald Newspaper, March 31, 1869, Page 7

NEW YORK HERALD, WEDNESDA Y, MARCH 31, 1869.—QU ADRUPLE SHEET. NEW YORK CITY. THE courts. UNITED STATES CIRCUIT COURT. The Union Paeific Litigation in a Fog—The Case Ascertained to be an Qutcast—“Under Which King” t &c.—The Question of the Re- moval te the Uuited States Court. Before Judge Blatchford. James Pisk, Jr., vs, The Union Pacific Railway Company, and the Credit Mobilier of America et al.— The argument on the motion fora stay of proceed- Inge in this case Was resumed yesterday afternoon, Ata quarter before four o'clock, in thia court. The three questions to which the discussion was con- Boed was, first, whether the case was now actually femoved from the Supreme Court of this State mto the United states Court; second, whether, if it was actually removed, this court had the power to stay proccedings 1m the State court; aud lasdy, whether, if the court possessed sucit power, the necessity ex- isied in this case for tis exercise, Messrs. David Dudley Field, E. W. Stoughton and Dudley Field lor Mr. Fisk, and Judge Allen aud Messrs. tis ‘Tilden, Charles Tracy, Clark Bell, ‘W. W. McFarlane and C. a, Seward for the com- : Seward aoeuet the argument by recapitulat- ing the leading facts in the case up to the ume of its alleged removal to the United roe Court, and con- ten that the order made by Judge Blatchford alter the presentation and ration of the order by Judge Kosecrans removed the case as a whole ito the United States Court, and that the order of Judge Blatchford was prima /acie evidence of such removal. All the real defendants who had been served in the State court had petitioned for the re- more to the United States couri. The defend. its had complied with all the requirements of the be ‘States statute governing a removal, and cage being one in which the right of removal ex- isted the State court was bound to grant a removal forthwith. The defendants had a defence ariging Under the laws 01 the United states, ‘Ihe caso tt Jo. volved the construction of ap act of Congress an: should be heard on its merits in the United Bates court. ‘The case was, in any event, pending in the Untied States court until Barnard revoked the Rosec! ut bd order of Judge Rosecrans could not be revoked bs Judge Barnard, 80 a8 to nullify tue effect of the order of Judge Rose- erans, after this latter order had been made, aitnough tude ex parte and in chambers, ‘ihere was Bo power in the Supreme Court to recall the case and take jurisdiction after tho making and Deoeralmasicn, of the order of Judge Rosecrans. ‘The case being @ proper one tor removal, and the Prey having eoneet with the requirements ferning Les rel e case waa, (ps0 facto, in the United although no order of re- moval had ser sea by the State court, There might be cases where some of the defendants could obtain & removal as to themselves into the United States court, while the other defendants were left to obtain their remedy in the State court. The United States courts had either original or appellate Jurisdiction in all cases involving the construction ‘of the laws of Congress, It had been sought to wevent the removal of judicial lation when judical ta tat . This case was now in the United Staled court, and that court had the Ene, to issue an orderstay: rie Bye botnet Proceedings by the piainwil, Fisk, court. ‘Lhe statute prohibiting an ianetion by the United Lams ——— of proceedings in the courts referre which were aw fauy pending nding in @ Staie court, and not to proceed- like this, which had been removed legally into the. United States courts, any further proceeding in “which by the plaintiir m the State court would be in contempt of the United States court and tending to subvert its jurisdiction, Mr. Ducley | Field said the foundation of the argu- ment of Mr. Seward was that the case was wholly in the United States court. Ifthe proceedings oy the plaintiff in the State court is, as claimed, suppo- Gitious, no interference was necessary, for no harm could be done. The United Staves court could not interfere with a State court in a case m owen to which concurrent jurisdiction existed, when the State court had first taken cognizan of the case, in whichever court the case was commenced that court had exclusive jurisdiction until the foal dis- position of the case by such court. Mr. Stoughton said that it was due to the Supreme Court of tle State of New York that the United States Circuit Court should presume that every step taken in the former court in this case was properly and justly taken until the opposite was posiuvely shown. The granting of an order for a stay was urged on the Ccogees that some things were dae in the State court in defiance of law and de- cency. This was the first time in tne history of the United States courts for this district that an appli- cation for such an order as was now sought had been made because the State court thought o on with a case of which it thought tt had jurisdiction, Notwithstanding Lapesapn co had hitherto been taken to remove cases, such had often been proceeded with to completion int the State courts in spite of such proceed: entire! ignoring them. those cases were rightfully 4 Moved no harm was done, and the proceed = a courts were simply nugatory and of hon. ieee ignoring the acton of the otter in auy pur ry noi ing action o! iar cane, 8 god Ban none | wousn botage ncn! zie nirned | oth acted Wishoat jar sation sewer tH a ick nite right tor the assume exclusive a cane page we acauenton any one a tent have its action reversea aS the Supreme Court of the United States. The of the lawof the United Seaton, prohibiting the United States ining the action “ot State courts, lentally, for the benefit of Fisk, amounts it was it_had defrauded the rathoad company out of, The decision of Judge Barnard devying the application for a remo- Nal wens 58 94 admirable ee of the pence the case. The two A! defendants case, bad petitioned to cadge out Sutherland for an Court, fling that petition, since the making of the at petition since the makin order by Ju: Blatchford declaring that the ‘waa rem and had thus estopped thomeelves from receiving the benefit tuey had asked for on the ‘original application for a removal. At the conclusion of Mr. Stoughton’s argument the further hearing of the matter was adjourned to Thursday, at half-past turee o'clock P. M. UNITED STATES COMMISSIONERS’ OFFICE. Interesting Bankraptcy Case—A Mercantile Agency Man on the Stand. Before Commissioner White. The United States vs, Abraham and James Valk. — ‘The investigation into this case, in which It is alleged that the bankrupts obtained goods to the amount of $250,000 upon credit, with intent to defraud their creditors, was resumed yesterday. Hiram Tipper, employed by a mercantile agency, deposed to a conversation with the bankrupts short!y beiore thetr fatlure, In which the bankrupts stated their ability to meet all their demands. They had made a previous statement in January, and the con’ confirmed it, Cross-examined by Edwin Jymes—I made a min- ute of this conversation, but [ did not report it to my oilice; cannot tell ,why L did not; caunot tell the name of any subscriber to whom | tt; I have looked at the schedule and cannot give ine name of one; my Ce A is to write down statements im the presence of the parties, if they will furnish them, ‘The Witness was severely cross-examined by the counsel. Mr. James—When walk into a store and ask for these Cree ‘ou usually obtain them? Witness— i hat upon temper of the Me James—When you ine these visits may I ask how often you are kicked ou again red. Edwin James and Beebe & Co. for the bankrupts; ur. ‘Nekeon ant and P, C, Talman = the creditors. SUPREME ciuaT—sPacia TERM. he Union Pacific Railway Litigation—The Contempt of Mr. Durant Ne Contempt, and the Witness Discharged—Extension of the Recetver’s Powere—He is Directed to Break Open the Company’s Safe. Before Judge Barnard, The People, do., ex rel. James Fisk, Jr., v8. Thomas G Duraint—The further hearing in this case was resumed yesterday morning, according to adjourn- ment of the previous day, the matter most directly ‘ander consideration being the alleged contempt of Mr. Durant, the president of the Union Pacifle Rall- way Company, in not producing the books of the company. After Iudge Barnard had taken his seat he an- nounced that he had examined Mr, Durant’s test mony, and (id not think he would be justified in committing him for coutempt, since he nad no Knowledge of the combination of the jock, which ‘Was in the possession of one of the company’s ser. vante, and Mr. tam was evidently Kept away | direction of o/her oMcers of the ——— As Mr. Durant had not the power to safe he should not punish him for not doing so, te however, coa- en that he hod the power to, and showid direct the saie to be broken open by the Sherif aud the bovks to be produced ia court. Mr. Durant was (hen recaiied to the stand to pro- Guce the si of stockholders, He handed two pa x but could not say whether either was a periect Samuel W. Hooper was another memoer of Congress interested in the matter. Judge Barnard them directed Mr. Field to draw an order that the sale be broken open aud its contents tuced in court py one P. Mr. Field then read a proposed order, reciting the iway had absconded,; continuing the re- ealending bia receivership to ovher proper- Berns 8 before taken, aud thatthe oficers of the I cific ooviver aiiroad Company that migut herealter come Ler and some of the oilcers o1 the Union ¥ of the ty thy Stale, Oppolnuing & releres to take proof of che property to be handed over to = receiver and inguire into the receipts of the company from bonds aud pag hsee of them, aud directung the afe to en acd ne get coeint wnreanet it | & 0} order Mr, ies Relendanee ts onder was pot wade upon auy nouce aioe and 1s, tt granted at all, appear to have been grauted «a pare, Then, as to recttala, they Were most scandalous and outrageous, ‘Chere pik no ground whatever for saying that any of gentlemen had abgsoonded, wae ield—Was it mot proved yesterday of Mr. ion? Mr. Tracy said it was not. Mr, Dillon was not the kind of man to abscond. He had charge of build- ing two roads—oue in New Jersey and one further West—and ne had to otient to them. A great part of his time was necessarily occupied with them. It was @ calumny (o say of these men that mr ab- sconded. It seeiied to be the settled policy the plainiiits to surround the case with obioquy. Mr, Beli staied that Mr, Dillon had been in this city several days wiciin the last two weeks. fag Field asked Mt the Sueruf could have found im. Mr, Bell answered, “Yes, 1f he had gone where ho Was.” (Laugbier.) Mr, Field said he had in his hands an alias attach- ment returned by the Sheriff unserved, As to the question of its being ex parte, the order to show cause made on Saturday week last had been con- tuuued from day to day, and tus proposed oder was directly within its scope and purpose. ‘. ‘arlane argued tat such an order was an outrage. Thore had Been no testimony warodaocd On this motion: ail the testimony taken had with @ view Lo the argument of @ motion to be made April 1, a motioa which he had yesterday thougnt superseded, but which Mr. Field had then claimed not to be superseded. His Honor had, he uoderstocd, made an order that bers Safe be oroken open. As t that he was not pro) eing to, argue it; they must take with a to fiat Steps as might be | protect property, But he did object to th! ox traorainary * Osler now sprung on them, with its slanderous recitals. Mr. Field, in reply, said that all this declamation was by parties a fofempeiae in his edorts to tnd out something t his own ry an hands 01 his fraudulent trustees; aud 1 was most extraordmary and outrageous that gentlemen should come here and deiend such @ course. The Court said that the examinazion of Mr. Durant haa failed for want or — ; roduction of the books, bus he did not know that any o! these ewen re absconded, and that had betcer be left out, and it be merely said they could not be found by the sheria wn the State, Mr, Field mado the cor- it Mr. fracy objected to the scope of tho order of reference, the referee was to inquire iuto the re- ceipia and expendiiures of a company that had been im existence ix or seven years. and in that tame had expended $30,000,000, It would take the recetver Ave years and @ wilole Treasury Department bs Pee wo pa wa it. ‘The Pea had nothing Mr. saia that Aereeyrsari juire into how much of ‘ite eto stockholders’ money been stolen and-among whom it was divided. A United Staves Commissioner had Just reported that they had made $16,000 per milé on the road and divided it ane | t themselves, He songhe hq the; or would probably fin out Ged much had been divi eal on among Whom, and U he parties woud bave to refi Judge Barnard said hat atthe inal \ hefore areferee bei 1al ‘Term such @ matter could be properly eae into, aud therefore it was proper in oot “McFarlane objected to the order continuing a receiver or appoinung @ receiver ut all of the prop- erty of th ie oragter He would cite one oreoolont: that of where the piainti in this case Was song aglit to to > be reM rained from ravage and pillage cht he thought he hud shown him to be guiuy. fa thas case a receivership of the ratiroad been denied on motion. Was this man yet unwhipt of Justice to obtain an order ex parie without proof ‘hich had been ‘denied on the faliest proof? ‘Mr. Field said the piainti? was not here in person to answer such allusions; but Mr. McFarlaue was mistaken in his facts, He had not proved Mr. Fisk gue of charge. He had snowed nothing of the Kind, The cuses diifered ess: any, in that they had asked a receiver not only of the railroad butt to. arte Court No ouo eat had aor ag or [ade vor appoint ceiver Of @ par- ticular fu ire defendancs said they had not one dollar in tne state. Then a rvoaiger could not hurt them. ‘he property they had here they had in some Way got out of it. iv Was but right shoe 4 ently recelved property should be heid to replace it, Alter some further discussion the Court signed the order, and the parties left the court ili one The “Safe Blowing” Excursion—A Good “Blowing-Up” fer the Kecelver. At half-past twelve o’clock everything was tran- quil in the magnificent black-walnat-furnished offices of the Union Pacific Railway Company, in Nassau street. A few gentlemen on business whisked briskly into and out of the offices, and the cierks were lean- ing on cloged books and holding confabs in groups of two or three in various partaof the room. At the back of the apariment an ornamentally frosted giase ee divides a portion of the space from the main and the floor is covered with green carpeting. A handsome walnut table, covered with @ white cloth and a number of bearing dishes containing roast chicken and other delicacies, was orga pnped by severat dignified genciemen, offictals of the company and attorneys, and the clink tated forks aud knives would Lave induced man that he bad es ushered imo s down town dining saloon. enon ieather covered lounge near the door Sata tien the passageway sat a deputy sheriff and a ” bi hom peclllk in a social “chin,” with legs crossea trust deep into their pantaloons pockets, aprooeey @ tall, dapper individual entered the office with a rine step, caspereg nog real but equail yer, Young man from 's oftice, anda her hard ie ted, Am smutty-faced man, with a slouched hat, whose appearance prociaimed him an aruficer in the baser rmnetals. The tall gentleman turned to and sadreseen the two “loungers,” who assumed at once a very acute ana official ap- pearance, and the deputy produced from his breeches @ small, insigaifcant looking, irreru- jal ‘shaped pl piece of metal, which is digni- ce \-og Page appellation of a safe key, and to his interrogator, William M, = They the receiver of the Company, Mr. Tweed walkel around the glass enciosure behind the a followed 5. nn the emutty-aced man and the depul to the rear of which was blocked funive fron iron door. The artificer took y a the key aud thon ire it in the keyhole, and a gram concentration . Cnn tear and others eee took piace aroun operations, ne little key “ticked” and “snipped” in the jock and as sud- denly the <i kaives and forks in the ante- geniiemanly Jooking man eo _ lunch room wiping with a napkin and, with a mouth fuil of tod, the Wmestication of wich bed ‘not boen tally said tn a firm voice:— Sonn. Tweed, rons OP what authority do you attempt to ure iereed yeplied that he acted under authority of ‘the Supreme ae court. “Then,” said Mr. Barlow, “I give you notice that trespasser here and ee arrest. Iwill came at a brisk pace sponsible, Mr. Tweed intimated mildly that he did not think there were any —- ‘# present, and . Barlow repii athe did not ose there were; but he understood that Judge ard had said that # ee ee ene had to be set to do it. ‘The eagenncers snickered, and thought there wash good joxe somewhere. ie Besse made @ sotto voce remark, and ir. Bariow said the Supreme Court had no au- tnoriy to order the safe to be opened, as there was no suit pending before that i Which such an — could be made, Mr. Tweed—Since when? Mr. Barlow—tiace {!8 removal into the United States Court. ‘The “expert” rattled the key again, and, turning to Mr. ‘Tweed, sald, “I ean’ bn dy ‘tual lock’ with the ‘Deadred gentleman peered over Mr. Barlow's shoul yt and hesiiaungly 80; that the name ta = dy who was working at the lock should ‘athe e man” quit “working” instanter. oe asked him if he coulan’t the lock, and the oe ee ned, “ Thatlock can’t be picked; = an “ca, Britton’ You want thuuwbscrews we one it had aanen tana ae’ and if they not have produced them for fear of hav- jog them Fontan ris the determined Mr. Barlow to Weir own persons, Mr. Barlow notHied all hands that they were tres. passers and that no more attempts couid be made to open that safe, ‘The “trespassers”? began to move shuMingl, towards the door, and Mr, Tweed remarked thao % attempt would be miade, a8 the workman had an- nounced that the door, At once the sensation f Kone an baa ead one by one from the office, leavi remises as tranquil as they found them and the officials to finish their lunch. The Retarn to the Court. At one o’clock the various counsel and parties re- assembled in the court room, and a gvod deal of smirking was observable. r Judge Barnard entered and fn ead fog and Mr. weed approact. rae ani hin @ paper, whieh document ect Barnard then Canotnoet that as he had been informed by the receiver that he bad been un- ie to open the safe with the appliances at his com- nd, the Case Would have to stand over. Mean- time a formal order bad been drawn directing the iver to take such means as would open the safe, jt was believed that tt could be opened without injuring it. No doubt some of the salemakers could devise a means. ‘The ease waa then adjourned unttl eleven o'clock to-morrow morning, and counsel “trespasyers” aud all left the court. Bowing Expedition No, 2=The “Blowing” Interrapted by Another Kx Parte Order. ‘Tweed, the receiver, went during the after. noon to the company’s office again, and commenced | € Open tae safe, When he was served by Mi. Clark Peli, - for the compa: pik an order fer hg ander a0 made by Judge ° Harper, the mapehe having taken ak appeal from a aude by air. Justice nemnerd, on and fied security 8p pl ex anaes tutes araris onior Taneit the docl> 7 of the ap) to be made at Geueral Term, ‘There will doubtiess be some tuteresting dev. Meats at eleven o'clock to-day. COURT OF GENERAL SESSIONS, Before Judge Bedford. Asststant District Attorneys Hutchings and Tweed appeared for the pronecuuon yesterday and disposed of the calendar atan early hour, ‘ihe Grand Jury brought in a number of indtcwments and resumed the discharge of their duties. They have transacted large amoaut of business during the term and will be discharged to-day by the City Judge. PEITY LARCENY. Mary Smith and Gertrude Hein, who were charged with stealing second hand clothing valued at forty dollars by August Rosenthal, pieaded gully to petty ber ‘They were sent to the Penitenlary tor Bix mont BURGLARY IN THE FIRST DEGREE—A JUST SENTENCE. Edwin Thomas aod Isaiah Garuett {ooloced) spre ck ge burglary in the first degree. ‘tho ut charged tou with having, on the night of the 20th inst,, burgiarionsly entered the dweving house of Mim Bertha Karples. in Fourth street. ‘They went tnio. a room which was occupied by the servant, Ellen Flynn, awakiog her vy taeir paced Sue jumped up, ana omnes extraordinary age seized one Pot them, at the same time mi ng an an alarm. One of the bargiars put his hand to her mouth and threatened to knock her braius out. They Cie at over fences, but were captured aud arrested by a policeman, eqn Bedtdra, in pasalng sentence, sald it was a bein der: ‘sglary, and that the prisoners acied in a brutal and cowardly a oe To set an example to desperudoes who might be disposed to perpetrate similiar cutragea, he sentenced the prisoners to the State Prison for ifteea years. ‘i COURT CALENDARS—THIS DAY. CourtT—Crkcurr.—Part I, ~Nos. 1617, 1681, 1699, 1599, 1607, 1661, 1671, 1673, 1089, 1725, 1727, 1729, im 1785, 1737, 1743, 1745, 1747. ‘REME COU! —Nos. 36, URT— CHAMBERS. ae 0%, 07, 229, 285, 242, 245, 249, 253, 254, vvlians Covnt_tatat Tax.—Nos 2309, 2304, 2338, 2342, 2345, 2346, 2817, Count OF GENERAL Srssions—Before Gunning 8. Bedford, Jr., City Judge.—The People va. Peter Mar- tin, larceny. The same vs. Mary Gibson, obtaming mone} Icey lalse pretences. The same vs. grand James Wilso. ar ‘Ahearn ‘and Michael ain robbery. —_ ‘The same va. Damel J. Cof- fey, fel 11, Be all burglary. us assault and am The same vs. Michael Kalischkey, bigamy. ‘the same vs. Thomas Donnelly, robbery. The same vs. William Donovan and Michael Golden, Cee The same vs. dames Wilson, burg! Crager, grand laroeny. The game vs. isaac Dodge, felonious assault and battery. The same vs. Himon Liebeck, grand larceny. CITY INTRLLIGEN OS. SrREET OnsTRUCTIONS.—The attention of the Street Commissioner is hereby called to the following enumerated obstructions existing in Fifth avenue. ‘This avenue is the driving thoroughfare of the me- tropolis, and should of all others be Kept in a proper condition, That the Street Commissioner hus full authority in the matter of having the obstructions removed the following section (twenty-first) of artl- cle two of the laws relative to the Street Department bo abundantly show:— ee removal of any article or thing whai- soever whlch may encumber or obstruct a street, oF avenus, foe 9 yf ‘the city of New York, under the penalties We ae following are the obstructions in Fifth avenue:— Southwest corner of Fortieth street—The side street almost entirely blocked up by immense piles of brick, The house pain built belongs to Mr. Kipp; the Be 18 a Mr. Woodrut!. theast corner of Fortieth street—Sand and brick: piles, The contractor }s Mr. Lynch. Northeast corner of Forty fifth street three build. tngs are beings erected, and in front of them, in the street, are piles of sand and moriar. Dr. Howland a Se Mr. Owens the ler. Between Forty-fifth and Eee pes streets four hog are beings erected, ere of sand and mortar ying: in the street, F. G. Charchill is the owner of uilding; Mr. Andrews the mascn, Southwest corner of Forty-seventh street three houses are being erected, and before each are of sand and brick. Mr, Andrews 1s the builder, Northeast pg of Forty-seventh street a new house goin, ‘There are in the street in front of it mounds of sand and brick, and_ piles of an, line one-haif the biock northward from it. Opdyke 18 the owner; RK. L. Darragh the builder. ‘orthwest corner of Forty-eighth street the side- walk for half a biock Is covered with huge gramte biocks for a new Dutch Reformed church that is going. up there. Mr. Blooagood 1s the mason. Between Forty-ninth and airuiet streets there are lies Ct fag in the way, and just olf the avenue, in Po street, there are huge sand and brick vies" of mortar and a great number of plat Conover 1s the mason, ween ~eecond and Fifty-third streets, on the west side of the avenue, a sewer is being dug. ‘There 19 no railing about it to prevent a carriage toppling over into It, and the block for several yards above std a is Iined with Old posts and upturned Pies on stones and planks, which interfere with the carriage way, near Forty-eighth street, THe WkATHER YESTERDAY.—The following record will show the changes in the temperature for the past twenty-four hours, as indicated by the ther- mometer at Hudnut’s pharmacy, HeraLp Building, — corner of Ann street: 3A. M. Average Kenn nent Ne Average temperature Monday. BLASTING ACCIDENT.—At two o'clock yesterday a premature explosion occurred where men were em- ployed blasting rock near 145th street, whereby Thomas Crosby, Itving on the corner of 150th street and Tenth avenue, and John Agen, of Manhattan- ville, were badly injured. The imcn were taken wo their homes by the police. ACCIDENT IN A Founpry.—Shortly before three o'clock yesterday a heavy iron hoisting crank in the iron foundry corner of Twenty-ffth street and First avenue broke and fell. Three of the men employed near it were slightly injured. Ther names aes bap Weish, Thomas Donnally and John Fitz; They were takem to their homes and medical Stiendanse secured. PROBABLE FATAL Fatt.—A painter named Fred- erick Hennessy, employed on a building, corner of Fifteenth street poet First avenue, yesterday morn! fell from @ i four stories high and sustained injuries trom ware wuien it ts feared he will not recover. He now lies at Bellevue Liospital in a criti- cal conditzon. Tae PLANET SATURY.—This Interesting object now AUCTION aT PoLice Heapquarters.—One of those amusing events that are looked forward to with Much interest by the attachés of sere Py auction—w sovamalaton of old i trae io thom 8 Jee's harp harp 10 & velocipede, under the Am the Saiekae of ping pases some “rare’ Srees thane’ stone to please ~y ah of Mrs. oad Suppen Deati#.—About ten o'clock yesterday morning Thomas Snow, a truckman employed at the Hudson River Rasiroad depot, corner of Beach and Hudson streets, was taken suddenly il), and fall- to the pavement, died soon afterwards. Coroner irmer Was notified and gave permission for tue removal i the boy to the iate residence of the de- ceased, No, 33 Coroner Harrison street. fa ey ‘will make &@ post-mortem examination on the body and thus determine the cause of death, Tim Fast Riven Briwor.—Ly direction of the Secretary of War a commission wiil assemble in this city to-day to examine and report upon the subject ‘of a brldge across the East river, between Brooklyn os! 4 Apes under the act Ss Congrees of the sd a ae will be ne Guniee by instruc tome By te communwated by the Secretary of War, and ts Se eran of the way ig a ed Major fone t nH bh iene aa Newton and = jor W. ny u ineer corps. rr King wil oot as Teoonter. gag il Tun Nissen Homretwn Cass.—Yesterday morning Coroner Keenan proceeded to the New York Mospr- tal and empanelied a jury in the case of Thomas Nissen, the satior who died from the effects of a stab wound of the abdomen iniicted by a knife m the hands of Stephon Jones, agsisuant steward on board the steamsnip Lodona, as heretofore quite fully re- ported tn the HRRALM, After viewing the remains and & yn ‘mortem @Xaminavion, the body was delivered over to the friends for interment. The ship Lodona, on board of which tne fatal affray oo- curred, 18 en rowle Us New Orieans and (dalveston, and upon her return (the witnesses being on board) an inquest will ol held. BURGLARY IN THR Etouta Warp—At two o'dlock yesterday moruing officer Smith, of the Eighth aneeiang heard a noise in the Naan store of James Boyle, corner of Greene and Prince streets. He tried the and found it secure. Calling roundsman Kafe and oMeer Dyckman to his assist- ance, the oMcers proceeded 10 explore the premises, neglecting to picket the Prince sureet door, Reavn- ing. the baseinent they discovered that the pureiere had effected an entrance and attempted to cut through the wail lcading to the wine cellar, Ase matter of course the burglar or burglars very! it js supposed by the Prince street door. Some olicers are not so successiul in capturtng burglars as sinell- ae someone German Sunday clubs tor violators of the ae Tue CUnAN Lapies’ RELIEF ASSOCIATION held their sixteenth regular mecting at the St. Julien Hotel yesterday afternoon, Mra. R. P. de Yzqaindo inthe chair. After the usual business several new members were enrolled in the society, Arrangements have been made for the sale of ebies for the next concert of the association, which promises te be a grand aduir, as Ue services of a favorite American prima donna have been secured and the popular tenor Signor Lott, besides combination of the highest artistic talent have volunteered. Senor .J M. Lemus, the Cuban rebel minister, has expresséd hus willingness to be present at the’ concert. ‘Tus eman has received Trom the Cuban Ladies’ Ke- ief Association the sum of two thousand doljars to be expendeu by him in the objects of the Associa- tion, The rest of the funds have been sutisfac- torily accounted for to him, THE PIGYARDING NUISANCE.—A further hearing of evidence in the case of the Board of Health vs, Atherton Brothers, proprietors of the éxtenstve yards Jor herding pigs on Eleveath avenue, between For- tieth and Forty-first streets, for the abatement of the alleged nuisance, was resumed yesterday before Referee Hasbrook. Only two witnesses were ex- amined—the owner of tie property leased oy lend firm and the late super'mtendent of the yards. these gentiemen expressed the opinion that the yards were kept in a thoroughly cieun condition and threw out no smells that could rs them as nuances. The latter gave the capactty of the yards at 20,000, and stated that at certain seasous they were filed daily, but only for a few hours, until sold out, When the premises were thorouglily cleansed. ‘The case was continued until next Tuursday after- brcrmth when me dical testimony will be oifered by the endanta, POLICE INTELLIGENCE, TROUBLES OF A TRAVELLING AGENT.—Mr. John T. Boyd, publisher, of No. 7 Murray street, caused the arrest, by detective Wooldridge, of the Sixth precinct, of Eli Burnett, a travelling agent, on the charge of forgery. On the 27th inst. Burnett pre- sented to Mr. Boyd tor publication (thirty dollars belag the price) a card Paes to have been ed by Mr. Wiillam Guennan, agent of the American Tack Company, No. 48 Beekuian sireet, Mr. Boyd, believing the card or order to be genuine, re- ceived it and gave Burnett ten per cent (three dol- lars) commission, It subsequently appeared to Mr, Boyd that the order was a forgery, Mr. Guerinan not having signed his name thereto or authurised any one to do so for him. Alderman Coman committed the accused for trial. Burnett is twenty-nine yeara of age, a native of England and lives at the corner of Frankfort aud Williaia streets. In his examination he said:—“4 obtained the commission, but did not write the order.” THE BOARD OF POLICE. Captain Young to be Prosecnted. The Board of Metropolitan Police Commissioners met yesterday morning, when the opinion of the counsel to the Board was received and read. OPINION OF COUNSEL. On the foreguing facts we have no hesitation in saying that in our opinion the money received by Captain Young does not belong to him, but when received by him immediately became a part of the “Police Life Insurance und,” and can be recovered by the trustees of that fund,’ The Board adopted the following resolution:— Resolved, That the counsel of this Board are hereby in- structed to commence a suit against Joho 8. Young, late a police captain ia this police district, to recover from him the moneys received by him for sefvicos rendered by him as such in and @ member of the police force in wad dis- " other securities, the Property ot the Firat National Bang of New Wins roll county, Md» and fn recovering part of the ald’ Whether the sald moi fo, received by Yoong wei Were received as a reward, sift or present en services; and that of the testimony And proceedings ou tae telat of ot the sald Young vefore this’ Board’be sent 10 said counsel, MAYOR'S OFFICE. ee. ‘Tue business at the licenve bureau yesteraay was rather light. Marshall Tooker, with his assis! Daly and Hart, were, therefore, enabled to rest them- selves after their recent labors, The PAWNBROKERS seem to be still under the ban. Charles Watcher en- tered a complaint against G. Frederick, of No. 134 Spring street, charging that he had given him a poor revolver instead of a good one which he had pawned with him. Mrs. Young complained of Ellas Fannenhoiz, of 28 Market street, stating that she borrowed one dollar and twenty-tive cents on a shawl, and on applying to redeem Fed was charged fifty cents as interest for nine months, INTELLIGENT OFFICES to be again coming to the surface. Wiliam J. Whelpiy, of No. 3 Whitehall street, was charged by @ young man with intent to defraud hii out of two dollars. He charged that Whelply promused to give him immediate employment at sixty-five doilars per month and has not done as prom! M. Healey & Co,, of 571 Broadway, were com- Plained of by a young man whom they promised to obtain employment for within eight days. The ye passed, but no situation was procured. Healy & Co, are welt Known at the Marshal's desk. Frank Vindakin, for driving express wagon No. yee and not being properly liccnsed, was fined two jolt John G, Beyl was charged with having driven his track, No. 6,471, tnto car No. 62 of the Tenth avenue hne, thereby damaging the car, All the cases not mentioned as disposed of were vet down for examidation on Thursday, at noon, How to Break Up City Swindles. ~ MAyon’s OrFice, New York, March 11, 1869. To THE PRESS OF THE UNITED STaTES:— T beg to caution strangers against New York circn- lars, tickets, shares, chances and prospectuses in co-operative unions, or gift enterprises, or dollar stores, or in any other possible scheme whereby pro- pe.ty or eens is promised greater than the price asked chy such an advertised scheme is necessarily a swindle and a iaise pretence; there does not aa cannot tangibly exist any such scuemes in this cil Country pew: ga which advertise them aimply aid in the own If atl newspapers in the Union would now make a bl of pubushing and reiterating thia information they will cl i think, effectuauy coan- teract the faindiig faebncas of those who use the mails for the false pretences, hy lao save to the unwary hundreds of thousands of dollars, A. OARET “aalte ¥ Mayor of the city of New York. Festival of the Orphans’ Homey Yorty-ninth Street. On yesterday the Easter festival of the Orphans’ Home and Asylum of the Protestant Episcopal Charch took place at the institution, Forty-ninth toward them, were also ki present government and by members of the Greek Chureh, which is the religion of greater portion of the ulation, ig a appropriate carols in very a a miver next sang be gad and brief U geyinw | aiter which the mi festivM closed, An Exrress Rovere Commitrev.—F. F. McMan® man, who was recently arrested at Athens on @ charge of rovt the express office at Cairo, on the Atlantic and Guif Railroad, has had a commitment trial at Thomasville and been rem: to jail to stand his triat at the June term of tie Superior Court for that county,—Macon Journal, Mareh 27, THR FLORA ORANGR Crov.—The Pilatka Herald, of the 17th inst, says:—“We are gratified to learn that the orange groves in this latitude Lave not been by the severity of tae winter, ‘The groves here and further 6 uth promise an average Kaa 3 The Tampa Peninauiar thinks the ornug ion sovtlon promimce @ larger Yield than ever ve. or alleged to have been j OBSEQUIES OF JAMES HARPER, Funeral Services at His Late Residence and at the St. Paul Methodist Episcopal Church ‘The Remains to be Interred To-day at Green wood. ‘The funeral of the late James Harper, ex-Mayor of the city, and at the time of his death senior mem- ber of the Hurrer & Brothers’ Publishing House, took place yesterday. A sadder and more impressive tribute to departed manly worth is rarely witnessed. It was @ tribute due the man, due one who im all the relations of lire, as husband, father, friend and neighbor, had won for himself the deepest love and respect; to one who a3 &@ politician, though in politics he only mingled slightly and briefly, was without a stain upon his character, and to one who, as the founder and managing head of the greatest publishing house in the world, conducted its gigantic business with the strictest probity, honor and liberality. Having out- lived the ordinarily allotted span of human life, his death in the natural course of events could not have been aelayed long, but the painful circumstances terminating his earthly career, the sad and melan- choly accident snatching him suddenly from hale and hearty life, the mature and majestic oak — . wad laid low by @ thunuerbolt, served to make bra and Nady the glooi re, reli the deceased, No. 4 Gram- iminary funeral services, ercy Park, were 7 eon Dr. Ridgeway, tue Which were cond astor of the St. Paul hodist Lina chureh, where the deceased wi abl habit of a attending religious worship, wervices the remains iter eae to the view a those preseut, consist family of ing map}; of me iy of the deceased and thelr more te relatives and friends. Among the lauer were embraced a number of our leading w ct he body was in @ solid rosewood coffin, lined The coffin had massive following inscription:—‘‘James Har- arch 27, 1869, a aged 78 years, 11 months, 14 Upon the lid and also upon staads at the head and foot of the cofin were wreatns of iumor- (elles aud crowns, crosses and a lyre and harp made from the same flowers, Such floral oie to the loved and honored dead is seldom seen. ° de- looked quite pees face ming stil ceased looked retail its full contour and the pleasant enon which it ore in life stlil visible ia the inauinate features. fhe principal funeral exercises were at the cure we have named. above, at the cor- ner of Fourth avenue and Twenty-second street. Long before vnree P, M., the hour announced for the pubite funeral exercises to begin, rot Petr hen cepting the front seats im the body of tl emp served for the mourners aud Pytrs crowded to 1is utmost capacity. side aisles 3 galleries were densely packed. ‘Thousands were vbiiged to go away, not beng able to opin even standing room. ending the arrival of the funeral cortége irom the house @ succession of slow and solema airs were piayed on the organ, the low, soft music reminding all present of the solemnity of the occasion which ha calle them — Logether. The wost perfect § atiliness prevailed, a hush funereal, which it was, and inost impressive in its tntensiy, As came in through the ceatre aisle the pastor ar the chureh re- citing in solemn tone the prelude to the burial ser- vice, as after him came the asdistant officiating cler- gyuun, as aller these followed tue pallbearers, who, with the va men, Wore Mourning searis, and then the St posal aud tien the trata of mourners, the silll- ness if ble vecame deeper and the solemuity more proceund. ‘bhe ioliowing geutienen oniciated as bailbearers:— A. T. Stewart. Peter Cooper. W. He ro yramed Jonn Hath James M, Morrison. dacob siveper, Wesley Smiin Eawin Mead. George Wim, Curtis. Daniei Drew. James M. Kaymond. Professor Drister. Tue coin was deposited in front of tue chancel. On the top Was across Of immorteiles surmounied by acrown. Upon a tabie in tie chancel and around the base of the pulpit nnn additional forat trivuves of the same ch: tifa and nicely it dowers, Opening tae faniber services was the tow of a hyma read by Rev. Dr. Adams, commencing with ihe lollowimy verse:— Why should we start and fear to die? Wat Umerous worma we are! Death is the gate to endiess joy, Vet we dread to enter there. ! poviowmg the Poon sa was a very impressive prayer by Rev. Dr. Dresin, after which Kev. Dr. MecOusovk read the Scriptures customary on funeral Gecasions, Which was suceceded by singing another hyma and then @ funeral sermon, thougn he ivok no text, by Rev. Dr. Ridgeway. It was a, most impressive and interesting discourse, and” though occupying over au hour 1a the delivery was listened to with the closest attention. He first gave @ detailed biographical sketch of the then summed up the strongly salient eaten charity, his bmn of purpose, zest for labor, his unswerving integrity, hits strictiy See perace habits ci the deep and abiding siacerity of his religious rer by Rev. Dr. Foss. Singing another Benediction by the of the chureh cou ed tue exercises, The vast congreg ation were allowed jo look on the remains, after which they were taken to his late residence, whence they will taken this morning to the family barial ground in Greenwood for interment, THE TAX ON BACKERS’ SALES. Return of Intornal Revenue Assessor Webster from Washington—His Conference with Commissioncr Delano—Marginue Not to be ‘Taxed as Capital. On Monday last Assessor Webster returned to this c'ty from Washington, where he has been for several days in conference with Commissioner Delano-in rejation to his proposed action im taxing the funds used as banking capital by Wall street brokers, It ts understood that Commissioner De- lano fully endorsed his course in the matter and will bagi hum in it as far as it conforms with the acts Congress reiative to revenuc.adairs, The assess- rents against Messrs. Clarke, Dodge & Co., based on the figures obtained at the iare examination of that firm, are now in the hands of the Coilector, and it ts Pe ge ag that within a few days this, the brokers’ test case, will be bi before the courts for final decision, pads Webster, for some reason a yet unexplained, has vacated one of his original posi- dions, Pand now announces that he does not pro; to tax margins as capital, This fon will materially to pacity to tax ins, Which are unavaiiable depouit considered by them ast in the extreme. a the re. sult of the Clar«e, I Co, sait, however, wri! dedinitely decide the whole matter. THE SPRING BUSINESS AMONG THE MANUFACTURERS. {From the Providence Journal, March 20.) The reports from the vafious distributing markets are not encouraging to colton and Wool manulac- turers. Goods of all kinds are dull—the improve- ment im the weather has broughi no improvement in regular trade—aud generally have @ deciining of prices aud the fact that during the whole week prints were seiling at less than cost. Brown goods of alt kinds—ine! Daagesg ge ge feti of .from one-half to yard; yet the decline had but Tittle o etteee tn in stim- ulating sales. In oa goods there have been some concessions with: jast few days, and trade has been conned to small transactions, Fancy cassimeres have sympatiixed with cotton goods and have been weak and dull, and the same may be said of all descriptions of woollen Whatever the reason Ur] there 1s on! - ited business this season in a and woollen fab- nes and & business with. littie erent to the manu- facturer. A aalon the low “: Be fact. We mar be mistacen, bat ton of gota to ht sone meat that = Cr the capacity con. sumers. Taxes and the oe cost of articies of food have made it necessary for the i to adopt: measures of economy , me to buy lnttle except what 18 absoll Deeded. ju times like tl men wear their old clothes and ‘women be 4 and make Pag even thelr calico qtemees, retailer joer 2 feels ht i in foal a the wants the retailer, and the wholesale agent and manufacturer feels It in Nis reduced saies to tue jobber, There is but one way to heip and cure such ap anbealthy Ko of business, fucturer must limit his production to the wants of the people. If too many goods are made the looms must for a while be stopped; if too many prints are sent tnto the market some of the machines must be suffered to rest. somebody may suggest a better way of getting out of the present duMeuity. If go it Will give ee perware to dione ih cor ron | FACTORIES 1 y GEORGA. (From the Nashvitie (Teno.) _—- March 27.) Georgia 18 progressing quite rapidiy in buil ing up and perfecting cotton — ie | Senator Sprague, who visited Geor few weeks ao, stated in @ recent speech in he United States Senate that “in the city of Acqua 18a cotton mili Uhat to &. wilt bia gg ya surpass in the success of rations, the best one in New England.” ‘This aged mericas (Ga.) rs bican reports , between $50,000 and $90,000 has been subseribed at that place for a cowon factory, Like steps are being taken in various other portions of the State looking to the establishment of cotton factories, We learn from the Columbus (Ga,) Sen that that city is mak- ing rapid strides in cotton manulacturing and bis fair to be the Lowell of the south this t Im the last six months over- $000,000 of addittonal stock has beea subscribed to manufactories and wt least two-thirds of that amount paid im Six weeks ago the Eavle and Phamix agen, advertised for $450,000 worth of stock to build another mili of equal capacity with the present one. As wo have soon considerably over that amount has beew ovtan and many thousands of fa tel So to baiid another smali factory—refuse’, The Gunla Company Dave raisea $1.0,000, all they » in the same a next winter, 19,000 apindies will be lum) ‘Consuming, on @n average, py ad ies of poy poe day; and, bosid variety of woolen goods will be manu‘actared. next earnest, and are not waiting for the action of North- eru capitansts, All the money needed can be ob- tained in that section. VELOCIPEDE NOTES. And it has come at last. On Monday the Board of Aldermen conaldered ® resolution prohibiting the use of the veloce in the public thoroughfares, Of course as laid over, but it will rise again, luke thé ghost of Banquo, to scare men off then hobby-horses. The Common Council says velocipedes must not be ridfen in the streets, And the Park Commissioners say they may be used on certain roads only. Velocipedians pay taxes, and pay (acarly) a3 @ rule for thetr pastime; and they vote, too. Now, why don’t they nold an intimidation meet- ing? Or organize a lobby and “see” the city “dads’ about It? They have a constitutional right in this matter— “Life, liberty and the pursuft of happiness” are the conditions guaranteed by the great pub. doc. And if veiocipeding ain’t the “pursult of happt- ness” what is? Ebt Only think, about 2,000 velocipedes to be “block- ded?’ in this city. A man can’t carry his veloce up to the Park. And then lose })«.f a day flading out what roads be can ride over. If the Aldermen’ conld ride themselves they wouldn’t listen to such a resolution. But they can’t because rg are too fat. And so are their positions. thsatron fh B00 okign to tonigat. . And is to have a grand disp! rare nee = Ing experts of the city—l , the Hanlon: Pick ene the Pearsalla, ittys, the and everybody else to asstat, ee ‘ks, fags, music and chignon-ed beauty as Svonder how the City Mall folks would like it if Cammeyer passed a resolution broking the Mu- tuals from playing on the Union oe mae Spend pan pean City y $Soouetrome was med Wich gran on Monday nigi orn ‘The Brokaw brothers performed weir quadruple ack on on eaingie welocipeds, ened an toa it and the Pearsalis did their p! : Which was very pretty. The principal ‘machine’ makers also exhibited specimens of their work, and made the bicycles do all they were Lorne of doing. ‘The audience was a splendid one, despite the bad weather, and theluod @ host of ladies, de Lege fhe affair a success peep making Frank Toman he Empire City Velocipedrome will be pao bee with the rash of man; wnets. and of many I to wave taeir approva ‘The “Empire” is a big piace, and ‘eltickens” won't stand much chance of getting premiums, even if pullets did at the same place last week. Several of the hail managers offer prizes to be competed for during the week, and two or tires ew schoois are to be opened. Calvin Witty possesses the “on!y gemumue originai” velocipede—t “ one made by Lailement before be had secured his patent. At Jacksonville, lil, recently, a Mr. Dunlap, while exercising at Professor Grover'’s hall, accidentally rode down an inc!imed plane to a level with the Ee window sill through the open window and — leap on ailey ten feet wide. He alighted with his veloce on the roof of a drug store, a story lower, and the machine rode down the roof aud over the eaves, landing on the roof of Avera’ Bank. At this stage of the proceeding Mr. Daniap fell off the veloce and was saved from a terrible death thereby. A large crowd Witnessed the perilous ride from the windows, In a race at Nashua, N, H., recéntly, the winner made lus three-quarters of @ mile in 2:50, About 200 patents have been issued tn the United States for a in Velocipedes. New Bedicrd has made $40,000 worth of veloci- pees in three months. A young lacy in this city wants to “trade” a sew- ing inachine for a velocipede. Sne thinks she could “get along’ if she hada spinning wheel. St. Charles Camp strects, New Orleans, are the great velocitracks ‘ot the Crescent City. a tee for broken velocipedes i3 the latest “kink. And an asylum for superannuated riders is to be established 12 1899, GENERAL BUTLER ON THE INDIAN QUESTION, ‘To rak Eprror OF THE CHICAGO TRIBUNE:— T have read your articles on Indian treaties with pleasure, 1am fully in accord withthem. My pro- position is to treat the Indians as wards of the uation, denizens of our soli, with @ rignt of occu. pancy only to <- past ad we assign Massachusetts Z ph id ies pes iH eS ‘othing ity and ho; system—or rather Want of tens the northern side of the a oy divides us from British America never been @ war, or & treaty, or @ sul sidy; and on the southern side of divides us from Mexico the same is — the Russian afte ae BprEsee ‘k out on tne a ‘sity t, et ska h ad hope, ou Will rouse ihe west to the true "ett fits * rt es Fr, BUTLER. WastiTNoron, March 21, 1569. A Sbetiand Peony and a Bull Dog in the Ring. One of the most bone oes and languanie affairs on record came otf yesterday at Schait’s livery stable, event beiug no less Myo ae battle be. poi eigen pony anda bull pup, Since —_ ‘alin Chicago the Liliputian troupe, cousist! ort Tom Thumb and wile, Commodore Nutt Minnie Warren, the ‘iminntive pm Al Lege) Bia at Schali's, C4 Paw ee the miniature po oeemgd wi in re said wi to Tom Thumb by fill, 3 victoria’ wg years since, ‘They arc of the very smalies® of Shelties, about three feet high, of a chestaut color, with utiful sh: Tanes and tatls, neat, trim limbs; on the whole, exceed! symmetrical animals, in the stable are kept a ne pair of bull pups, something than year old, which the proprietor, in behor of of Joe Jetersvu's Persouation, tas dubbed Snyder and Meenie. yder and Meenie, with the sagacity of breed, have become ‘uy familiar with the regular in- habitants of the stable, horses and ali, and hay would appear, very hee conviction’ as to what Of horseitesh. | There- fore wi tor the iirat time, Patchea and Monitor were sent down to their statis umattonded, ‘der, a sted bb et eueue se to equine = regarding them in the light of disreputable in- truders, determmed to make & demonstration. Monitor was allowed to pase unmotested, der Capa Patehen came toddiing along planted himeelf dn uy in front roa, he Ee. with tail rampant, “ip istiny ves pine and and eeth threatenins, w scarce! ‘comprehen the inom Pc stared vacant @ moment, and then took a step for Kf if demrous of showing his con- for the canine upstart, Whereupon Snyder, with @ short jump and ominous bark, sprung his molars unpleasan'ly close to the pony’s fore | The fatter shaking his shagwy mane, gave a quick snort, and aimed @ biow with his fore foot at his assailant, but the dog was netive enough to dodge it. He had a narrow escape, however, te next instant, when Pa . Wheeling with wontertal rapidity, let fy ws heels, which barely missed Snyder's head, More cautious tactics were soon adopted.on both aides, the Sheity tact ts antagoulst aud nervously twitching his fore feet, ready for @ blow on the in- stant, while Snyder, discovering, probably, that he had no “watk away,” and that, even thongief small size, a horse Was a horse for all Laat, Was tain to cone tent himself with jamping about and giving vent te ‘angry barks. it wus at this stage of the con- test that the siable men appeared, and aiter wateu- ing the ludicrous scene for a moment ordered Snyder Lo desist and sent Patchen to itis stable. DEPRESSION IN CoTTON MANCRacTCRe IN BNA LAND.— the Fall River Neves sayas—Feom a privaee letter received by one of the operatives in tiie from his father, now reavting th Lanenanire, Ng: Jand, We learn that the depression ta cotton manus factures there i# even greater tian a) aay period during (he rebelion. _——,