The New York Herald Newspaper, April 15, 1869, Page 7

~ | THE UNION PACIFIC RATLROAD WAR. MOTHER RICH PLACER —DISCOVEPED. Bush for the Corn Exchange Bank Diggings. Five Millions of Dollars in Prospective. SUPREME COURT—SPZCIAL TEAM. Before Judge Barnard, Witiam M. Tweed, JP., Receiver, éc., vs. Henry C. Crane and the Corn Exchange Fank.—This ts 2 new suit in this celebrated contest, and was brought up for arbitrament before the judge of the lists in the Various jousts that have already marked the progress Of this tournament of ‘The Field of the Cloth of Gold,” Judge Barnard. The case came up yesterday an order to show cause why the $5,000,000 al- Wared to ke im the Corn Hxchange Bank should not BP paid over to the receiver, Pweed, Jr., or deposited Jome trast company. ' Messrs. David Dutiey Meld and Dudley Field ap- peared as counsel for the pininit; Mr. Clark Bell Bppeared for defendant, Crane and Mr, Charles Tracy for tie Lorn Exchange Bauk. At the opening of the case Mr. Field, addressing fhe Court, said—if your Honor please, I have a mo- lion in the case of William Tweed, Jr., receiver, against Heury C. Crvue and the Corn Exchange Bank. The complamt alleges that there is on de- posit in this bank, to the credit of Heury C. Crane, a large sum of nioney, believed to be two millions of @ollars, whicli is really the property of the Union Pacific Railroad Contpany.- Upon that your Honor granted an injunciion agamst its removal from the Dank, and I have here an affidavit of the receiver, Blaling substancially the same facts, and an order to show caase why the money should not be paid into Court. Mr. Tracy—Read the affidavit. AFFIDAVIT OP RECEIVER TWEED, Mr. Field read the aMidavit, as follows:— “William M. Tweed, Jr, bemg duly sworn, says that, as he is informed and belteves, there 1s a large amount of money, amounting to}three millions and upwards, in the Corn Fxchange Bauk belonging to the Union Pacific Raliroud Company, but depositea to the credit of Henry C. Crane, which was there ‘when the injuuction herein was served, which draws Bo interest, and that the daid money, if agposited, ‘would draw interest at the rate of four, five or six (per cent.” Those are our papers, sir. , Mr. Tracy—It don’t furmish any evidence of the facts at all. Anything more besides that, Mr. Field? Mr. Field—That is all, air, F Mr. Tracy—Ilt don’t even tell where he got his in- \formation. Have you got anything else to read ? j Mr. Field—I have got nothing more. I referred to ‘the injunction. Of course that's read, \ Mr, Tracy—That 1s ali on information and belief also. ‘There is not a particle of evidence in this case, ) Mr. Bell—ifthe Court please I will now read the ‘amMdavit of Mr. Crane, one of the defendants here, which is as follows :-— | Heury ©. Crane, one of the above named de- its, being duly sworn, deposes and says:— ‘irst, that heis not an oflicer of the Union Pacific Company, and was not at the time of the {commencement of this action, but that he is @ Pape biga Haagen eee Mee hocking it has not as he cver-had on deposit any money to his credit as trustee in the Corn Exc nang Bank in city of New York. Third, that this Sia has for some time past had m ith the Corn Exchange Bank of the city of New York in his own Bame and for his own benefit, being an ordinary ‘bank account, on which deporent mukes deposits and draws checks; that he has depostted with or loaned ‘to the Corn Exchange Bank on said account various aD account wil due jeponent from tie sald Corn exeuenes f but for no such sum as is untruly alleged in the complaint in this action or in the aid , sworn April 12 instant, on which ‘She order to show cause is based, or for any such bum orsums. Fourth, that the balance so due this tt from the Corn Exchange Bank the private property of this deponent belongs exclusively to him in his own ghey that uo part thereof belongs to tho ’ Pacific Ratload Company. That no part thereof is the produce of the bonds of egg eed Sree: of the Unite Btates to that company and sold vy that company, 2s }i8 untraly upon information and belief m the complaint in this action. That no of said bal- due from the Corn Exckange Bank at commencement of this action was for re ‘ceived by this deponent from the Union Pacific Rail- ‘Toad Company or from any one for its use or benefit, and that no of the same was oris held by this trust, ee Raney, ie é benefit of bay ithe ompany. That, on of ahis dopones and. all the an laintif’s comp.aint and in his said affidavit in rela- ° po ~ py that oe same was y deponent for 1¢ purpose of conceal! ‘same from the (a or any person, 1s wholi. and untrue. Fifth—Deponent turther says that ‘ag not at the time of the commencement of this tion, nor had he been for some time immedi receding that date, tn the employ of the Union ie Railroad Cumpany in any capacity, and that On no occasion did he ever draw upon hts said pri- ‘vate account in the Ucrn Exchange Bank as afore- ‘said, upon or in obedience to the orders and directions of any of the officers of that -company. to! informed aud [believes that at the tine of the commence- ment of thie acton the pretended suit of James Fisk, Jr., against the Union Pacific Raiiroaa Company aid overs mentioned iu the com, tin ahis action, Was not pending in thjs court, nor was ‘the same peuding ‘herein at the time of the eppomtment of the piaintil a3 Recerver, as in the compiaunt mentt ; and that the piaimudl im this action never was lawfully appointed Kecviver of the Union Paciic Railroad Company, and that he is not ‘the lawiul Keceiver ihereof; and deiendant denies that the plaintin im this action has any rigut or clarm, Jegal or equitable, to the said balance of v8 Punk account or to any pd treereof; or thas this court has any jnriadiction to require the sald balance gi depoueul 8 bauk accouLt oF FO ALY thereol to ‘be #0 deposited or dtsposed of as mentioned im the order to show cause, made August 12, 1569. ir. Tracy—I bave an aMdavit from the Corn Ex- ange buuk, the olher defeudani—the alidavit of ward W. dunhau. AP#LDAVIT OF THR PRESIDEST OF THE CORN EBX- CHANGE BANK, Raward W. Dunham, being sworn, save that he ts the President of the Corn Exchange Bank, above de- fendant; that the above named Henry C. Crane ts aud ioug bas been u Souler with said bank, and vas Kept and now keeps a bank acconut wii it said bank, npon whien he receives it for moneye paid into bauk, avd is charged wita checks drawn on swt bank; that said account has veen aud i* in the name of #akt Henry C. Grane alone, without any addition or qualification, and said dealings Rave beew and with him alone; that ali PREPARE Pais tate te tenk 8 so (ar as he bauk of this deponent has any knowiedge, or Notioe of belief ad to the same, have been the moueys of sad Crane in his own right; tuat no moiy of said Crave or in any wise under bis caro oF eontrol Was 1a sabl bank at the announcement this sult, nor at any time @ince, buc said bank then Gki and bow does owe to said Craue the baiance of said avcount, payable upon his demands or check; nd the said baiauce Is not the sum Of $2,000,000 nor thereavouds, Lor Hie SUM Of $5,000,000 and upwards, nor any jike sum, aud that this depovent and the bald bark are taformed and advised, and this de ponent believes, that the plainthT, Wilitam Ml. Tweed, ot, HAs Ro right, Or AUrhortiy oF office of Kecetver, ‘as in ue compiaintmentioned, aud that there is LO such BUTE As La he complaint Meationed pending ia tania court, and that sald Tweed has not been airecied or permitted to Li | this suit, and aiso that the seid bank 18 not bouad in law to over @ay Moneys Which ib owes to said Crave aod said Tweed, or to any Wust company or other person, unless Upon @ judgment therefor duly recovered ta fn action to eniorce the payment of tie balance a8 a debt; aud that deponent saya the balance due to said Crave on said account 8 uot payable untid uly demanded by lita or by fis orders, and that no suc! deinaud or ordet has resented to said bank, exoupt that some of sald Crane's checks drawa before have been presented since the commencenent 4 thin ell, and) ayment tuereof refused by reasou ofan injunction ta this sult, MOTION FOR A REFERENCE, Mr. Field then asked for a reierance to aece: whose money the money in the Cora Exchange 1 Was, nd how Wadott or at belanges 40 the Union Fa cific Railroad Company, and that tie money be pinced wader the coutrol of the court, la trust COntpuinys ig a ze j ie ANOUMENT OF COUNSEL. . P Mr. Chariea | recy thea proceeded to address the ourt. ~May it please your Monor, the Jearned gentle. Man 0A8 Misstaled Gue altklavils. He representod ir. @s Si ying the We To the bank 18 his, ane the bunk as saying the ey i# not his Hoth afidaviis have siaved tue hich every business man vad lawyer Knows that when you Make # depoesin ii a bank bo your credit the bank becomes your debior, and your particular woney tt not in the ba No oflcer With process of reprevin could seize 1 dno achon of trover lies against the bank for sour Mdividual money, and ta case ot inwevency of tie bank tie secount 18 like any other debt It i & peculiar debt, by Wile i We What w bank by loaning it money and Guecks against the acceunt at our con. aicWi Nas obiained an order to NEW YORK) HERALD, THURSDAY, i @ com it upon infor. penceeee, eerste an afidayit on informa. ton and belief, without a man ditect to sw and we ha ered thi; the faet, ve aNsw' is by ney ie Wiis SHOW that ail Lhe money that bank owes to Mr, Crane is owed to him, and it is lis owa, and noone else's. ‘The plaintia’ has demanded that cause be shown why this bank balance shoutd not bo taker out of the bank and pat info the hands: of the plaintu’ or other receiver, and the defendants have shown good cause, wader oath, why it should not It is # setiled prac- luce that no reference can be had in any such case Wf a defendant haa shown cause he is to be dis. charged, aud ihe plaiatit’ way begin again if ae wisiies to ry auotler experiinent, When he comes {nto court upon an atidavit on information and be- lief 19 & most suspiclous case, but just enough to let the action be recognized, and calls upon us to slow cause, and we do show cause under oath, that is the end of the proceeding and there is no reference to be jad. We are ealied upon this morning to stow cause why we do not pay over MP, Crane’s money to Mr. Win. . Tweed, Jr. We have several such causes to show. We take the ground here by afilavic, and atso opent; claim and insist, as Counsel, that this Mr, Vweed 1 no receiver; that he is nothing but a trespasser ee the premises of that company, and that bis claim upon the Corn Exchange Bank is no better tham @ highwayman’s demand ; and that le has no night whatever 12 the premisos. 1 now pass to the deration of the otier point, If Mr. ‘Tweed was @ perfectly good receiver—u that question was ail at an end—he coula not maintain this action amoment, and this reitef could no: be at all in any place where tpe law is properly administered, W hat 13 a receiver? A receiver comes in succession to the owner. Tue alleged owner in tins case is the Union Pacific Railroad Company, of witch he is receiver. He has no more rights than the union Pacitic Rati. road Company has, Ifthe Union Pacitie Company made an avsignment to an assignee, and tne assiuee held the power ef all the assets of ile company, could the assignee matntain this action? By no means, The company could not maintain tt, its as- signee could not, and the receiver cannot, ‘This complaint alleges that some money of the company was ia the hands of Mr. Crane; Mr. Crane keeps his bank account with the Corn £xchanze Bank, and the plaintif wishes to pursue that fund. ‘The recelver would have a right to bring suit against the bank on that bank account asa simple debt; the ase would hive @ right to do so, or the com- pany, butsuing as for debt only, When judgment and execution were duly obtained they would have * sighs to satis > bus taking exeeu- tion fore judgment and before issue seems to be the plunti’s pose and determi. nation, This is asking what never was asked before, and the agent with which this proseou- ton 18 carried ou is without precedeut. If Corn Exchange Bank was a fareigu corporation aud had money here you could not proceed against itm this style, but you could issue an attachment against it, and the bank would have to hold the fund or give security that it would remain there untt judgment was obtained. This is a domestic corporation, aud there ts no allegation that it is not perfectly good, as. itis, for all its deposits, ‘There is no all 0 Of any description to justify the present demand, except that Mr. Tweed ty @ receiver and has an injunction. Plaintitf claims the mgt not to bring suit, but to take pay before judgment. He then pats ia his - execution on the spot, and he has the coolness to ask, not that the money be put into the hinds of some different person, but paid over to is the plain who says:—“I have a claim against you, and, although thereis nothing in it, I ask the Court to make an omter that ag the moncy over co me,”. Whatever security r. Tweed has given in the $100,000—a young gen- tlemaa who docs not preicnd to be a man of for- tune—however good his security, there is no just Ditsts on which to ask us to pay over five millions of dollars to him. . The Court—Every contested motion argued at chambers necessarily raises disputed questions of fact, and whenever the Court, on hearing any of these disputed questions, sees justice cannot be pro- perly administered without having a further inquiry into the facts alleged, it invariably orders a reference. ‘Its application is not to pay the ‘The application 18 to bank that is paying nothing and it to @ trast com- pany where it will pay something pending this tigation; and if it should turn out that the plain has made a misiake in the coimmence- ment of an action of tins kind he will have to re- im damages (which his bond will be amply sufficient for, and the defendant whose money may have been taken will have it secured by the protec- uon of the law, and af the same tine have a proper rate of interest awarded to him, suou as the law aiiows @ trust ne give. I donot see any Teason why tlits case id take 2 different course from that which motions of iaw take—that is, to have it exammned, which can bé done in the course of afew days bya referee, tosee who owns this money, and whether it velongs to the Unton Pactiic pocriige Parry . If it does not of course this order will be discharged immediately, and such ap order will be made by the Oourt whiclewill protect Mr. Crane in ail bis interests and rights, and give hin full compensation for any damage he may sustain, 1 will make an order of refereace to Mr. Amasa A. Redfield, to Ly A at an eariy day. Mir. Clark Bell, for defendant Crane, ad- dressing the Court, said:—May it please the whatever WE said by counsel about the action o! James Fisk, Jr., against the Paciiic Ratiroad Come pany, or its most extraordinary history, I think I may way Mr, Crane in this action, for whom I A Wan geconnt. Gur has nothing todo wiih it and that it ts not here at this time. We have here, sir, the spectact of @ third — not a to that action, sued, and his private bank account put under injunction by this Court on ailidavits of mere information and nd that of the wildest and vaguest character, f ere is not one solitary positive allegation made im any the plariteany? affidavits in this action. was fa the that I could not obtain an junction on mere io belief, without allegations; but here we have an injunction so even after granted, and It ts soaght to be continu has flatly the en- Thts is acase where no the party under oath tire allegations of the bill. for i exists, and where the an jourt shouid of ita own motion vacate the injunc- tion. ‘Upon what prevence of law or right can this piaintut here clatia the right to tie up client's rivate funds after the facts are elicited that have pired on this hearing? if the Court will grant and continue injunctions against outside persons on affidavits of mere information and belief I think I may venture to say that with the case wi such = adiiaviis hica have been made on the other side in that cause we may expect injunctions agatust every one tiat this receiver or his counsel may suspect of having money, and tying up their bank accounts, I submit that tuere 15 neither law mor precedent for such pro- c5edings. Mr. Field, for the plaintul, submitted that he asked the reference to ascertaia the facts as to the matter at issue. Crane was a confldenual clerk of Mr. Durant, aud he thought tt but right to a certain now he became possessed Of this « sam, and Likewise for what purpose be held it. \ i ere counsel afraid to have him examined? Mr. Tracy—The learned gentleman has asked a question ich 1 am bound to answer. He siys, are we afraid to have Mr Crane examined? We are not afraic of anything. Mr. a D. Field—thea why not conscnt to this rofe- rence Mr. Tracey—Why should we not be obliging to those burgiars? Wy should we not have our bowels of compassion moved? You have trespassed on our premises for three weeks; you have broken in the doors of the Pacific Railroad Compaay; you have careered around with your }mernd cornitatus of armed mea vigitand day; you od up the safe and tried a weak to Unlock with the key in your , and Row you ask us are we Afraid? Watt ull We show the wiite feather, We owe no favor or couriesy to this assailant. We are brourht lore by aa unawarraneed, fllegal and out Fageous pre mas he form of @ law sai’, and Witcn stands on nothing; and now, when wo are cailed upon to show caus, and have shown cause under valh, aud are enticiea by all the rules of practice te be discharged, the gentleman who talks 80 bolaly aks tue Court, alihough we nave shown cause completely, that we shoud still go on and have @a ¢\amlaation, se that he can prolong te torture and keep up tae existivg annoyances, and thas eudeavor w the company tmto pay.ag black-mrati to Pisk, the great reformer. Ail the pre- tences of corning on tag case by regular practice might as weil bo laid aside. Alt has been done by lorce or by swearing wpen Information and be- , and when there Is @ complete auswer under oath the ptaintitf domands a reference. ‘The Coure——in un thia order of reference 1 did so because there ts a disputed ouestion of fect here, and there ore certain thi) that 4 court has a right to take notee of, Of its Now, tia boas Gace, it appears (hat Mr. Crane. up to a very recens period, was acierk of tae Uaton Pacific Railroad Campaay, Mr, Beli—That fs not true in point of Lact. ‘Lhe Court—Mr. Durant swears vo it. Mr. Beti—No; that he was Mr, Durani’s private be ir] te Court—Yos, * Mr, Betl—He is not in the employ of the company, and has not been for a year past. ile swears ia wis wih iavit he is not. Mr. D. D. Pieid—Mow does be happen w have a desk in his o ice? Mr. Ueli—if any one swears he is m the employ of the company ‘uw the proceating will be ty atuck the man that mate that ait ‘The Couri—As | Was proceeding to say, there are certain things the Coare bas @ right to take notice oF outside of the fagts tial appear ja an aMdavit, Now, tn th ie, 1b Appears, by the test uy of Ais Duras, that Crape is his comdideuttal clerk. Mr. vell—Tia! ty true, OBEN OF RBFERENCR GRANTED. Tht Courh—sh a frien staies & largo sum of Money, some $2,000,000, tu thia Corn Uxchange Bank, and thea the alidayit denies Laat there is any such sum, Wiihout stating low much tt Wag, and the | Court self = would we ordered @ refer. ence, hecause Mtb @ right to preauine, Judging from ail the ordinary rules of life, that @ Tita Who Has eWo or threo initlions @f deliars wil not give tt to@ clerk, OF any One else, Therefore, fox the purpose of not only aiding the adminisirauon Of jastioe, DNS lor the Purpese of provecting Wie court And all We Officers op byth sides, t Would bave ordered @ refere: aithotgn if the tacts had been a should Bot have veen governed by them any wore than Lwas when | hed Clveuit couris, When one Of Lie COUNSEL Ma case, for tie putting vil @ Cause, Sore his eens was ngerouly sick tn Led, When i walked down BroadWay witht hia ty L tink (ie order of ceicren @ is Tiga. The Gow nh ayourmed, NEW YORK CITY. THE COURTS. LN TED STATES COMMISSIONERS’ COUT. Alleged Hlegal Removal of Whiskey. Before Comiissioner Stilwell The United States vs, Cart Guman and Henry Shoenberg.—The defendants are charged with ille- gatly removing fifty burrels of whiskey from the dis- tillery in ‘Thirty-seventh street, between Eighth and Ninth avenues, without having paid the revenue tax thereon, The defendants were batled each ta $2,000 Ww await exaunmation, Alleged Iuterunl Revenue Frauds, Before Commissioner Osborn, The United States vs. Henry Nebanzhet.—The de- fendunt is charged with violation of the Internal Revenue law in removing stamps from checks and pulting the same on other checks. The paruculars of the case ive already appeared in the HERALD. Afler soinc cestumony being taken the case was again adjourned, SUPREME COURT—CHARIBERS, The Pelice Commissioners and Detective Young. Before Judge Cardozo, Jolin Young vs. The Police Commisstoners.—Mr. Vanderpool, on behalf of the Board of Poltee, ap- ‘court yesterday morning to proceed with Peared in this matter Lo show cause in accordance with @ | mandamus why they should not accept the restgna- tion of the piaintid, bus owing to the conlaualion of the arguments in the Merchants, Union Express Company litigation tie case was adjourned till Friday next. The Action Against the City Chamberlain. The Peopléex ret. Burnton vs, Peter B, Stoeeny, City Chamberlain.—This case, which was directed by Judge Ingraham to be tried upon feigned issues before the Circuit as soon as possibie, was placed on the calendar to-day, and # jury summoned, spectally summoned, to try it. Mr, Stoughton, however, of counsel for the Board of Education, moved the case be postponed ui the frst Mouday ln May. COURT OF COMMIH PLEAS—SENEAAL TERM. Mechaniv’s Lien—When It May Attach to the Landlord’s Property for Repairs Made by the Tenant. Before Judges Daly, Brady and Barrett. Van Gleve, Appellant, vs Abbatt, Respondent.— This appeal was heard on the referee’s report and the pleadings, without any of the eviaence given on the trial before the referee. The pleadings show that the action was commence to foreclose a nie’s lien on the hotel on the southeast corner of Fortieth street and Sixth avenue, for woxk and materials furnished by the plainti® for repairs, by direction of the defendaat, who was then the owner of the property. The value of the repairs is claimed to be about $1,600, The plainti filed notice of his lien, and shortiy afterwards this action was com- mencea to enforce said claim against the defendant as owner and hia interest ta said property. The defendant, by answer, dened that he em- ployed tie plaintiff, bus admitted that the defendent was tie owner thereof, und alleged that prior to the commencement of suld work he leased said property to oue De Lavalette for a teri of tea years, aud tat in said lease said De Lavalette was to do wil the said repairs at her own expense, and that sald employment, work and materiais claimed by the plainti® were done at the instance and re- quest of said Do Lavalette, pursnaut to said lewse, aud that she alone was liabie thereior, Afier a trial before a referee, in his report he fonnd that tue de fendant, Abbatt, was the owner of the premises, aud that as such he rented the same to De Lavaleite fora term of years, and {in said jease she covenanted to take certain spectfied repairs, and said defendant (Abbatt) was to alow De Lavaiette #600‘ towards such repairs, and that De Lavalvite thea hired piatm- ttifto make sach repairs and he did iake unem, As conclusions of iaw. he found that the said Abbatt was not responsible for the saine, and tiat no lien exists agaiast said premises therefor, ana the defendant was entitied to judament, with costa. The hen was therefore cancelled on the record, ‘The tenant, De Lavaiette, was not made a party to these -proceedings, although named a3 lessee in the no- Uces of lien. The platuuif excepted to tlie con- clusions of law decided vy tie reteree and tae jase: ment entered thereou, and now asks for the rejief In this court which be demanded in his complaint and which be elauus the reieree’s fudings of faci entitle him., First—That by the terms of the lease the work done under tt was, in fact, done for Advate aud was for ht benefit, aud that De Lavaletce was his agent and contractor for such work. Secoud—rhat the ere lability of Abbutt was to the amount of the fair value of the repairs speciied and called for by the aod that his interes: in the property was ladle for such amount, or at icast to the auount of $500 specified 10 tne lease. That there was ud claim of payment to the plaintiif or to tho tenant of the $500 named in the lease, Titrd—That che lien was valid ag against the tenant’s interest in said ps4 That tue judgment shoul. be reversed o: his ground, if on no other, for the referee had found that the repairs were made for the tenant, and had decided as a matter of Iaw that no licn exists On the premises for such work. Fourth—That on the facts as found this Court can and should on this ap- peal make a decree aceorling to the law without sending the case buck to tue referee for a new. trial. (29 N. Y., 400; 23 do., 112, 599.) The decision of the reieree'was sustained, and the judgment ailirmed., KR, 5. Guernsey for appel-ant; F, A. Paddock fur respondent, . MARINE COUAT—PART 1. Important Action for RentEviction, Surren- der and Acceptance—Counter Clniu for “Before Jadge Curtis. Rosa Goldsmith vs, Jacob Schoenhof.—This was an action to recover for'rent claimed to be due on cer- tain premises leased by plaintiff to de/endant. The case was important, on account of the issues raised iu the pleadings, and the claim also sct up by de- fendant ior damages resuitiag, a6 alleged, from the action of the plaimtim. ‘(he pomts turned upon evic- tion and the surrender of the premises by defeniant and acceptance of the same by plaintif. The testl- mony ta the case having closed, Judge Curtis charged the jury on the law polats submitted as follows:— GENTNEMEN OF THE Juny—Tho first cuestion to which I cail your atientiva ts, was tt or was it nota fact that the basement spoken of fy tis action was to be considered a part ant portion of the premises leased to the deioudant? Mr. Golisaniti’s Lestimon, 15 that the basement is not to be considered a pve of the prernises, It as contended on his behalf that he 1s col wo 80 xieut by some of the wit- nesses he catled m that regard. The defendant goes upon the stand und swears (nacit was distincily made & part of tire agreement that the basen sat was to bo consiiered @ part of tne biriog. Now, geutemen, thatis eatirely wwestion Of fact for to pass upon, As ad occasion to tell vou befor, f now L that wl questions Of fact are pecul questioas Witain yoar province. itis for you to say hich side has given the correot theory, apporied , Upon that pomt. If you beieve the the plainti, then that basement was not a premises origipaity tired. Jf you believe the statement of Schoenboll and the theory of the defence, that basement was a part of the premises hired, and Schoenhor was ontitied to to use, vcr pancy and ion thereof. Now the next que: that preseuts igell to yoo bs Wie ques. rn OF evictiog, If you should come to the conciusion that the base- MeN Wad 8 part Of the premises [ire, Was the de- fendant evicted from those pronives ! ili Va-tunony 4s that a certain machine, the property of the plaln- wt, was placed aud allowed to remata Wit those premises and Mhat the basoment was ocoupiod and used vy the plaintit or her agents. | cvarge you a3 matier of law that if you are sactaiiod bat that basoment was a porvon Of the pren ses hired wenhot fron by Sely che plaintiif. tioa he waseatitiod vo the ion of Uiat oasement, aad it he was evicted by wronuful acs of the plaiutit from those Premises without lis consent Wea the plawthit cannot recover. The same rule tiat applies to he question 1 fivat raisod apvlicg to this 1b ts ea- tirely @ question of fat It is for you to say which side you will believe on that polot. You Will not forget Guat itis stoatiy urged by bie plata- Wit, both throngh iter counsel And by Mr. Goldsuith, the plaints agent, upoa the witness stand, tat the basement was not a part of those premises jeanet, and that it had never been the habit or cus. tom of Nurs Goudsmith to include that basement ia the premiaes when leased of rented, [tis contonded wy defendant here that there was a surrender of 0 premises and an accepmauce thereof ‘The de fondant says that at tho tine he left these premiwes, oron or about that tne, he surteudered eo premises to the plaiatid, avd that there was & ceplaace Ou the part oi the pluatil of sick su der, and that the consented that tie tenaucy couse, hk ou are selisded of that fact — from ait the evidence, then the platnni cannot rece Tt fondant seated UpOR tae staud, 1 L remember oarreciiy, tat be Ve a vorbal notice to Mr. Gowdswith, the agent of the plainttit, and alse seat lita & written You bave Leard lis testimony ad of his coansel with rerard Lo the over Goldsmith, die, Goldsmith, O4 Me Cou to You most po iy that, waiving eniirely tie question Whetuer there was a surrender iu few or hot on the parvef the deiendant, taere Was fy ace j, and does now ceptance on his part, and he held hoid the defeud the Uourt at any time to inti wiloesd Baal’ be believed or what witnesd oe dine believed, it is eutirely a questiva for to pass tpoa. The defeniant in one part of bts auswer has bet up What ts known uuder our code of procedure fs & coumterclain, He seek# to reouver damages eyed @ piatwtiit for the imyary dene te fouls Waele in the premises of the plantit. I now charge you that whatever conclusion you May arrive at Wien reward to the rige’ OF the pluuntiy to recover fia {uid action you mast disregard Une coumterclalii, wad im do event iid @ judgment against the plane APRIL 15, 1869.—QUADRUPLB ‘SHEET. : forthe defendant forsnysum. And I that construction of the Court is fully fortified in the opinion of Mr. Justice Grover, of the Court of A 4 Fry ly one of the inost eminent jurists in or country—whien he says, in ng Of a and which, case alinost analogous to this, I think, 1s cited on the benatt « of the counsel for the plaincul:— Hus Honor then read the de: referred to. cision Ihave been requested by the counsel for plaintiff, and atso by the counsel for the defeudant, to instruct you certain propesilions which wey pene, ‘sub- mi as law in this case, The frst proposition of the counsel for plaintiff is:—*"To constitute an evie-* ton without physical ouster the tenant must lave abandoned the deiaised premtses in consequence of acts of iis landiord so illegal and monstrous as to be equivalent to absolute physical ouster.” The spirit and the sentiment of that sition I cha to you as law. In other words, P charge you that order to entitle the defendant to revover here he must have been evicied wad ousted frou those pre- muses either Ly What is kuown a3 a physical ouster, or the premrives inust have become so untenantabie during bis possession that st wag impossible lor bim to remain there with safety to his health and with ty to his business. Second, “Without af- rmatice by a laadiord of the condition of premises. proposed to be hired, in a matter which, by ordinary diligence, the tenant may Ol correct taferma- tion, are not sich an imposition as Lo impose upon the landlord the obi of @ warrauty, A re- presentation that a building is good, strong and sub: stantral, aud tit for a hatter's business, is thotya wi ranty that the pulldinay not leaky.” 1 so chac; you, You remember the circumstances of this par- case. | think the first. imerview that Schoenhof had—and if I am in error you will correct me-—was with the son of the plamtiir, but that the un and ay ment was with the husband of the plamtiff, Mr. pson- Goidsma You will remember that Schoenhof told you the conversation that took place between lum and the son; but, if iy meniory be correct, he stated that nothing definite, distinct or positive Was said elther by himself or by Mr. Sainpson Goldsinith with to the condition of the premises at the thine he made the hirtug., Third—‘As to the fact that there was no express or ucplied warranty that the premises shouid continue to be tenantable, the ten~ ant Is bound to prove the fraud, if alleged, and that the alleged dampness was created by any wrongful act of the landlord.” ‘That is undoubiedly true, The defendant here has an affirmative defence. ‘There 1s mo question that there was a verbat agree- ment to hire wese premises to the defendant and that he toek po: ion under dnd by taat agreement. ‘There is bo question thay tis reais due aad should be patd if the defendant has not made out his case aiftrwatively besore you. Now, | chargeyou tus, that the delencaat, ly order to recover against tbe piaintt®, must estaolish by a preponderance of proof Uhat his theory as to Unis Lestimeny 18 correct. it ia not for (he plaintuY to establish by a preponderance of proof vhat the theory of ube deter is not cor. rect. Fourti—in anu action for “rent by the land- lord the defendant camaot set up as a coanterciaim @ mnere trespass of the iandlord, such @ trespass is a cause of uction not arising out of tue same contract or transaction set forth in the com- plaint as the foundation of the piuintifi’s claun, not connected with tite subject of the action. Tcnaree thatas law. in other words, I cuarge you to disreguru uus eounterciaim. The learned counsel for ‘the defendant requests the Court to charge. First—“if tie jury find that Schoenhof stated to Goldsiaith the purposes for which he wished to hire the premises, and tiat he needed dry premises, and thas Goldsmith represented the premises as dry when he knew tirat they were not dry, and that dé- fendant avandoned tic premises because they were not dry, che jury are co find for the defetidant.? I will charge that, with tthe modilicatioa that It Schoenhor ubaudoned the premises because they Were not dry amd because they were untenaut- ln tuat case the plait cannot recover. Second--“If the jury find that the premises becaine or Weve untenaniwble for aay cause, and thas the defendant removed on account of their being un- tenarrtable, the plaintiif cannot recover.” 1 charge that ag law.- Now, with regard to the question a1 untenaniable Peg | you are not to receive the statement of a party deendeut tints hey were un- tenantable, you wre not to receive tue statement of a party plainthy that they were tevantable. You are to say Irom ail the facisin tue case whether those premises really were untenantibic, ana whetior tf the defendaat retained fa where be dia tt ac the peril of his healtu and the safety Gl his bus: fhird—“tt the jury fod that preven. tations were made to the defendant, te detendant ig enuted to recover dainages from the ‘plainttt”? J decline to charge that, bat. on the coarrary, caarge ‘ou that it 8 not law, and you ust Wot cousider It. fourth—“If the Jury find that the plaintnf rested to the defendant the reur basenicat, and afverwards took possession of the bas: nt by placiag lis gooas therein and did not give the possession thereof, the piainilif cannotzrecover.” I will charge that, with the moduli cation %f te placed his goods m the basement without the conseat, Implied or direct, of the defendant, aud ii le entered into possessiva that basement ugalmst the rightful tite or the de- fendant, tien the pluiotil caauos recover if you are sausticd that the basement wa8 included tn the original hiring. Pith—*ha that eveut the de- fendant. shovid recover from the plain the vaiue of the busement for three montis,” I decline to charge taat. You wil ignore the coun ter claim. Sixtu—‘Ifthe jury find that the defeud- ant surrendered possession of tie premues aad tie jainuil accepted the surrender, then they are to ud for tie defendant, ‘The acceptance of the key and all circumstagces constitute a surrender of the premises.” I will charge thaé Lt you are sailsfiel phere Was a surrender and seceptance, then you must find-for the defendant; but whether thers was a surrender or acceptance “or not is a questuon of fact that you are lo pass upon. It is not for the Court to tel) you, unless it bocomes palpably a ques- tion of law, What constitutes @ surrender or acvept- ance, Sevenin—“it the jury find that the plaintiir or her agents or persons acting under hey or wile her permission tovk possession of the premises and occupred them after the defendant jet tae premises, cen they inust dud for the dviendaut.” If you are satisfed, from aii Lac proof in the case, that during the months ot Juty, ‘Augus: or September the piatatt envered mito and took possession Of tudse premises, and against the willand witaout the consent of the defendant used those premises, you Wili dud a judgment for the de- fendai; because even upon the theory of the piain- tur qwhict is ties although Sehoenliof was not in physical possession of tac premises during all that time, he ta ve possession of them) that was tructive eviction, Now, with regard to those bills, 16 is for you to say, from all the tacts in the case, whether or not tiey throw light not ouly upon the actual reiations be. tween these pares, bué upon the understanding "taut existed ia tue ued Of tie pluinttil it is con. tended by the Geiendant that the plaineit puc bills upon the house auverusing te sire to rent. ihe piaintiy demies that. You must be satisucd, as I stated befere, by & preponderauce of proof, Liat the defendant 1s vorvect, Gigulu—"it the jury fina that the piaiutt® deceived the defendant by coueealing from hum the character of tue house, and tat the defeadant did not alira the contract of letting, then, they must fled for the detcndant.” Ihave aiready charged you with refereace ww We ater of conceaiment, This, 83 a naked — proposi- tion of law, 18 correct, Ninth—if the jw find that the piaimuidt deceived the defend ant into hiving the house, atthough the defendaus did no. resciud the l-ase, in such case the price fixed by the lease ls not concinsive as to Ite Vvaiae; Dut tae jury are to devermiae what ts the ac- tual value of (iis house jor the purposes of the de- fendant, and find for the plaintiff oaly the amount of such actual value.” That propesition has ant to do With this case, because It SUpposes 2 Case WiC’ does Nob eN ists Lils ACuOu, (Delendaut’s conase: excevts to the charge of she Court Wich regard to the couater clatu.) ibe jury gered, and ater ao absence of five hours fied to come to & Veruict, ile jory was Thea duscuaryged. COURT OF GENEPAL S3SS.0NS, Before Judze Bedford, District Attorney Garvin and Assistant District Atioraey Tweed appeared for Wie prosecution yos- terday. A PICKPOCKET AT CHUKOT. Jamos Watson, who waa charged w plekins the pocket of Sarah Oakley of seventeen dotiers, on tie 26ta of March, whtie she was passing out of Jane street church, pleaded guily to petty larceny trom the person, Tue Cliy Judge said thatio avy event the picking of a p "a pocket was a bo'd offence, bart was particularily beimous to deliberately rob au ludividaai in caur. Wa sou Was sent to the State Prison for fe ara and 1x montis, ATTHAUE AL BURULARY. John Smith was tried and convicted of an at at burgiary in the second degree, he having been caught in the act of aiteupting wo effect an entrance into the dweitmg house of El<an No, 256 West Tweaty-second s.eet, aa morning of tae 2udof Mar He Was sent to the State /risur for two years and six montis, FOuaERY. Peter Lynch was convictet of obtaining ono ker of wineral paint aad ten kegs of red lead hy means of a torged order from Devoe & Co, Fulton sty on the 1-1 of March. The order purporte: sigacd by 1. Weddeli & Co. The caso wa: proven against the prisoner, and as there siuwiler Cuacges agamss hia, Judge Bediord sent hin to tue State Prison (or four years, ASSAULT UPON A POLICHMAN—KEMARES OF JUDOR BRPYORD UPON THE ULVBBING OF OLTIZENS BY POLICB OFFICERS, Isaae odge, a sailor, Waa placed on trial charged perpetratiag @ felonious assault upe las O'Connell, Who testified tat on JIS BLLCULION Was ¢ on board of @ siilp a regommended the prisoner to go o8 board, wiped with his request, stating, howe if a large bar of which was that iaere Were ot so heavy We would stake tim with ft; that he went on board to arrest. another salior, Who Dad aseauited bum, and waile there tue prisoner struck Min on the heal wilh something, Iieting & serions Wound. Another witness that he saw the prisoner strike the officer with the heavy bar of tron, wht Was exliiued in court. ‘Tee complainant ti but ho (Dodge), when 4 gned fur sente & clear siaternent of the adult, and asserte Was streack by (ie officer, aul showed ac of mis fingers that: had heen proken by the club. A num. ber of respectable tlemen gave him @ geod cuaracter, \fter a clear and linpartial we by tie Judge the jury rendered a verdict of qulity of an eset Whe &® dangerous Weapon, at fle same me recommending hia to mercy. Judye Bedfurd, in senceacing the prisoner, sond:— Ded ze, you were indicted for felon erent 1 batt F deemed ke my duty to charge r could not ie heispe, vertiotasaanlt od , with, to kill; aud left it to thew to say, alter evidence, they could ‘The verdict wl Jury we. seen fit to render I heartlly concur in—that is, assanit and battery, with intent to do bodily harm, with a recommendation to say they have known you You were unfortunate ia these men, and as, I said 'y (and I think my record shows ti), 3 a Hu nach unnecessary ciubbing of cause when f was pr: i 1 have been there and abandoned cases fricndless, ragged drunken women woul in for aisorderly conduct, and the omficers on examination a admit — that wretches were asi and t them awake, and their ‘arms would be blue. I believe it statement that this officer did perplex you clab you on the way te the vessel. Hemeumbering thot you have been im the Toubs tor sone time, and considering the recommendsdv. LO mercy by the jury, I'shall sentenee you to u~ City Prison for tlirty days, and after that go te sce COUT CALENDARS—THIS DAY. Surxemn Court—GsveraL Term,—Enumerated motions—Nos. 52, 53, 442, 54, 57, 63, 47, 60, 63, 62, 63, 64, 66, 67, 63, 69, 70, 71, 72, 74, 76, 76, 78, 79, 80. Supreme Courr—C:xovit—OYER AND TERMINER.— Part 1—Adjourned to Monday, April 19, Part 2—Ad- journed to Monday, April 26. SreciaL Terw.—N CHAMBERS.—NO Surerion Court—!RiAL Trerm—Part 1.—Nos, 226, 827, 351, 723, 673, 747, 813, 823, 273, $33, 393, O37, 2920, 861, 863. PART 2~—Nos. 712, 740, 886, 29, 786, 663, 522, 750, 772, 630, 94, 872, 874, 615, 892. PLeas.—Generat term calendar. CountT—TRIAL TERM.—Nos, 2221, a bv prt ae. rey er 2227, 2263, 2260, 2258, 2257, 2544, 2350, 2458, 2459, 2462, 2463, 2464, 2465, 2406, 2407, 2468, 2409, 24702 “ Covar oO” GBNERAL Sxessrons,—Before Gunuing S. Bedford, Jr., City J —The People vs. Lewis Rifin, robbery. The Same va, Emanuei Gottsenaik, bigamy. ‘the Same vs. Eli Burnett, forgery. The Same vs. Join ©. Miller, grand larceny. ‘Tv vs. Maria iisier, graud larceny. The Sane an, grand larceny. The Same vs. Simow £ grand lacceuy. The Same vs. Dantel Mcevovaid, ceny fro: vite person, , CI2¥ LVTELLIGENCE, Toe Weraruer.—The following record will show the changes in the temperature for the past twen- ty-four hours, in comparison with the corresponding. day of tue inst year, as mdtcated by the taermometer at Mndnut’s Piaroiacy, Broadway, Weratp Bulld- shal 2232, las ing:— 1808, 1869, 3A4.M 3 a5 42 at 53 ‘age temperature yesterday... ree Average Lemperature correspoadiag day last y’r. 41 Average tomperature on Tuesday Average Lemperatare correspondin Joun B. Govan will lecture to-night at the Cooper institute, for the heneflt of the Seventeenth street Methodist Episcopal Sunday School, : SuppEN Dearus.—Cheries Santel died suddenly at his late resiten o. J James silp. “1 Goll, late of No, 145 Cannon street, died suddenly. Coroner Rolling was notided to hold Ine quests tn both cases, THe COBAN Lapies’ RetirP AgsoctaTION will, turough ite treasarer, at the St. Juhen Horel to-day, refund to subscribers the amonnts pale for tickets for tae Kelloge concert on Monday evening timer, at whiett Miss Kellogg did wot @ppear, in consequence of Ulness. Tue Lapres’? CHARITABLE Farr, mm aid of the Universal st Pree Chapel Fund and for the building of a Mission School, now In progress at the Everett sevening, The fair kas been day and evening and is an object erving of cucourayement, THe CENTRAL HLEVATED RAILWAY COMPANY'S secretary states that there were no corporators named in the Central Bievated Ratiway bill before the Logisiavure, and hence the uaines ol Mr. Astor and Mr. Stewart were not mentioned in that capacity, as recently stated by the Albany correspondent of a morning paper. ° Fe "PUL AOCIDENT.—Yesterday two German painters, Otto Maneker and a companion whose Lame 13 unknown, while at work on a@ house in Thirty-sixth street, near Tenth aveave, were preci- Ppitated a distance OF lorty feet to the ground, and so seriously injured externally and faternaliy that life is despaired of. The unfortanate mea were con- veyed to Mount Sinai Hospital, Tun New Yore Excrneess? Prorncrivs Socrmry held a regular meeting night at No. 193 Bewery, Mr, McKenna in the chair. Afier the usaal pre- Hminary routine business had been transacted one of fae thembers of the society was arrarzned for trial on & charge of drankenness, ‘ibe ebargs_was tilly proven, and the popalty is expulsion jrom the orgaa- izatiou, bat the indice has been inid over for further cousiderauion. Tas Yacur Saprio 1s now undergoing important alterations on the secttonal dock, foot of Gouver- neur strect. Workmen are engaged putting “spon- sors” in her hull, which will give her nearly four fect additional breadth of beam. Her spars are all on deck, and she is to be newly rr 80 8 to spread Witen Completed nearly one-tt! more can- yas than she did inher race with theCambria in Lurope. Tum Morratity R&corD.—The weekly report of Sanitary Superintendent Harris for the week ending April 10 shows a total of 435 deaths In this city and 141 in Brooklyn, being 37 in New York and 20 in Brooklyn less than durtng the corresponding week of last year. Of the whore number of deaths In New York 262 occurred in tenement houses laving each more thau four famles, 64 in public institu. tions and 109 in private dwell other than tene- Ment houses, Mystextous Siootina.—Several times within a month pistols have been discharged near the corner of Walker etreet and Broadway, and the police ha been unable w detect the guilty party. In one tn- stance a.clerk in @ store was strack in the left arm by a bullet and seriously injured. Last night the ball from the pistel of @ concealed person passed t.rough tne window of ‘2 No, 973 of the Broad- way ond Madison fine, notwithstanding there were several passengers Within mo One Was iajured, Diep IN A CBLI.—About nine o'clock on Tuesday evening Edwin Rogers, a man thirty-ve years of age, applied at the Seventeenth precinct police station for lodging, and was sent below stairs with other sumilar applicants. At six o'clock yostermay morning, as doorman Kelsey was “tarmoag out’ the lodgers, he discovered that Rowers was dead, and immediately gave information of the fact to Cay Mount, Coroner Keenan was subsequently aod tad the body removed to Bellevue Hosni a post-mortem examination, An inquest will be to-day. Dechinina TO Give A CERTIFICATR.—A written communication announcing the death of William Atkinson, at 213g Monroe street, was yesterday re- ceived by Coroner Keenan. The writer of the note set forth that Dr. Dwyer, who had treated deceased dorm@ his sickness, refused to grant a certificate without the payment of $% The Board of Health being applied to in the emergency, the case was re- ferred to Coroner Keenan, who held an inquest, Consumption was the catee of the death. The dov- tor declined giving & certideate because his {ce for professional services were not paid, ‘Titt BROADWAY SuRFAcE KATtROAD.—If the fran- chise for this raliroad is given to A. T. Stewart, in compliance With his offer of $2,000,000 for the grant, it is sald it is bia pirpose to give the property owners along the route an interest jn the road to the extent of the respective valuations of their property; that is, to such of course as inay desire an bfterest in it, Many have supposed that if Mr. Svewact obtained the grant be would then submit the queation of the bufiding of the road to the pro- perty owners and general wishes ofthe people. This he cannot do if he would, The conditiwns oi the grant compel the building of the road. If the bill passes the road mast bo bait, THe Recent ArFuay Daerween Brorrimns.—Coro- ner Rollins was yesterday notisied to take the ante- moriem examination of George Kiernan, at his rest- dence, No, 490 Ninth avenve, who, on Sunday afters noon list, Was terribly assaulted and stabbed by his brother Owen, during a quarrel between them at the No. 447 West borty-tirst street, as reported tn ALD of Monday ‘and Tuesday, George was kK and shoulders by a butcher's inds Of his brother, Ike dificulty, whiok reswited tn the deadiy assaait, was the result ol a bitter Janky icud of by sianding, Owen Kiernan, who was bs ted at the time of tie occur: rome, 9 sti fa piisen awalting the resuit of nie browier’s injuries. CuaBer oF COMME —A special meeting of the Chamber was held yestordayat one o'clock, for the purpose of apyomting a committee to confer with Professor Perce, Supermtendent of the United States Coast Survey, in relation to the tides and cur. or held routs im the harder of New Yor! qnorum of members was present, and 4 3. W. Dow offered ® preamble avd set of resolutions providing for the appointing of & commiltee of three tw weet aud Confer Wilh Professor Pierce and its tunis ‘bi chairman, Mr. George Opdyke, ntod Mesers, bow, G W. Buuntand k. War aa suc committe, She chair at. at the tne for Wiicn the A iting vom. and named veen Appointed had expt A. Jacvis god G. W. Dow ag the new e@. ‘Tae chamber then adjouraed, 28 nin itt rtos Turats.—Commmissioner Brennan yester- : 7 day heard the tollowing complaints against offences: of the pelice foree, and recommended the punish- ments:—John F. Nickerson, Twenty-ninth, not pa- trolling his post, @ned two days’ pay; Samuel T. Munson and Thomas B, Curry, Twenty-eighth, late for roll eall, half day’s pay each; Carl Scheak ana, Herman L. Palmer, Twenty-eight! having pris- ouera at court av pr ined halt day's pay cach; Tnomas Keiily, urth, absent from reserve duty, one day’s pays don Clark, Forty-second, ed with owing y-three dotlars rent, 0 up. Thomas J, Laird, viowtion of rules. one day’s pay. Isaac P, Lamaroux, Sixteenth precinct, was” charged with striking a bey, named Edward Henry, on the lower part of his spine; he wis competied to have a surgeon; the boy was very delicate looking, indeed, and Jndge Brennan severely censured the oficer, Abner J. Bania, Fifteenth, absent trom roib call, halfa day’s pay. Roundsman Charles Knoll man, Tenth, waa chi rst, with having arrested Andrew Peterson, selling him some liquor, between three ana four o'clock A, M., and re- leasing hin; secondly, for receiving seven dollars for services rendered, without permisston. Referred to Beard. Jona McCouneli (No. 2) Thifd, violation of rules, fine two days’ pay; Ferdinand kelly, Sixth do., one day’s pay; Kobert Kelly, Third do., two days’ pay; Bertholemew W. Kelly, Seventeenth do., two days’ pay; William Gould, Seventeeath, ct of duty. one day’s pay; Christian Mailer, Twenty-secoudy neglect of duty, one day’s pay. POLICE INTELLIGENCE, RECEIVING STOLEN Goops.—Peter Theis, the keeper of a lager beer saloon at No. 33 Bayard street, was arraigned before Justice Shandiey at Rasex Market Police Court, charged with receiving the cxps stolen by Lobe and Wilson, knowing them to be stolen, Forty-four of the caps were found in of the defendant by an o/licer of the Tenth precinct, some of them being discovered under a bed m the premises, and otheisima dark roo off the saloon. Mr, Thefsy was held to await examination. AN OLp Dopcs.—Isaac B. Klemet, of No, 450 Broome street, deposed before Justice Shandley, at Essex Market Police Court, that on the 10th ult. he sent an errand boy named John H. Carroll to de- liver eight dozen caps, of the value of seventy-tive dollars, to different persons. When at the corner of Broome and Elin streets two men, named Pdward Take and James vie met the bes soe sera carry @ note for them across the ‘5 him a quarter of adotlar. When he returned’ ont delivering the letier he found caps and prisoners both missing. On this charge the prisoners were committed for examination. STEALING A POCKETBOOK.—A young man nhamnied Gharles Surratt was yesierday arraigned before Jus- tice Shandtey at Essex Market roitce Cowt on acharge of stealing a pocketbook containing fofty dollars. The complainant was Frederika Gintiner, of No. 149 Stanton street, who deposed that on the i¢th of April she lost the pocketbook and the munev. She sus- pected prisoner from the fact that he lived in the same nouse, and that while she was out for abont an hour the property was stolen. On arresting Surratt he adinitted to the officer he had taken the money, and retarned thirty-four dollars, which he ad tn his possession. The prisoner stated that le had taken the money, but had no intention of keeping it, but the Justice nevertheless heid him to await examination, RiBCEIVING STOLEN Goops.—A cigar maker, resid- ing at No, 013 East Eleventh street, wes brought be fore Justice Shan ', at Essex Market Police Court, yesterday morning, charged with receiving stolen goots. Dominge Mayorga, of No. 144 avenue C, de posed that on or about the first day of the present month fifty-four carats (containing about seventy pounds of Havana tobacco end aboat fifty pounds of scrap vobaceo, of the value of $159, were stolen trow his possession by some person or persons to bin unknown, A portion of the said tobacco—to Wit: thirty-two carais of the Havaua tobacco—were yesterday found on the premises of Conrad Severin, ‘at No, 613 East Bieventh street, The lavana tovace worth two doliars per pound; and atter tt entilied by Mr. Mayorga as his property the prisoner said he bought it froma man named Miler, n the Bowery, for ove dollar per pound, ‘ihe priso- ner denise his guilt, ond says he bought the property jue recular basiness way. He was committed for examination at tie Gourt of General Seasions. BURGLARY IN A DISTILLERY.—A lad giving his name 2s Lewis White was arraigned before Justice Shandley, at hesex Market Police Court, by oMicer Dryer, of the Tenth precinct, on a charge of burs glary. Mr. David Leidersdorf, of 421 West Porty+ third street, deposed that on the night of the 9th of Aprii hts premises, 102 and 104 Hester street, occte pied by nm as @ aistillery, were -burglario usly en- tered by means of forciag off the grating tn front of said premises and then entering a window lead- ing to the cellar, and pipes, gai and other pro perty stolen theberonk or the value of about le Onlicer Dryer, of the Tent precinct, states io on Saturday morning _ last, about o'clock, he arrested prisoner Bowery. .On the night previous, between seven and eight o'clock ,the oMcer saw the prisoner com- ing out of No. 5 Eldridge street, which joins at the rear wich the distil of Mr. Lei having & basket on bis shoulder. The ofiicer searched the basket and found that it contained a quantity of brass cocks, &¢., whitch were afterwards ientited by Mr, Liedorsdorf as part of the property etolens ‘The prisouer is seventeen years of age, was bora im: Nowark, N. J., lives tn New Brookiyn, and says he ts in the book business. Lewis protests his Innocence and ctutes that he Was sent into the premises by two other boys, who instructed him to take the property. THE CLAIRVOYANT EXPOSE. “Madame Eyron”? tn Court, Face to Face With Fer Aconser~Au Investigation’ and Settlement. Yesterday morning, at the hour appointed by Instice Dodge for the examination of the charges — made by Mrs. Hermaine £. Goulet sgainst “Madame Byron,” the pretended clairvoyant and seer, the parties appeare? at the Jefferson Market Police Court. The complainant, tn her lady-like, retiring manner, first approached the Justice, when the ace cused soon followed, accompaniea by her counsel, and last Detective Young, of the Eighteenth precinct, whom tt will be remembered the dignified madame upon the occasion of his first cail upon her, osten- idly soeking advice, advised to go home “as his mind was weak and that he was bordering on in sanity.” It was a peculiar group, yet the examina. tion that ensued was condacted with remarkable Pleasantness, Mrs. Goulet answering all the imterro- gatortes of counsel ina frank and senaibie manner. It will be remembered this lady accused the Madame of obtaining from her the sum of eighteen dollars and fifty ceuts upon the assurance’ that she would return to her & valuable watch, regarded as a sou- venir, which had been stolen some time since. The niation valuabie. 1 voluntart), 13 if she had returned to me the money Tina det manded of her this action would not have pect” she brought; she A pi on the watch as Promised, ana w 4 us upon her for he had more ieaportan.e on hand; me she id mot, have. the money res the amount I li ven her; fimall, 38, : 4 ive8s z ad pointed the Ist of April for its return, call until four days , thiaking 1 would watt ag) Jong as possivie; she did not keep her and at inst came to the conclusion that she did not d@.~ sire Wo give fhe any satusfaction; | them warned th: of this action, telling her Mf she did not me mouey desired I should make her; i di ot think.» at first that she wanted to cheat me; all fwant ig” the matter is that she shonla refund the amount ili riuumately obtamed, and then L Will decline to fure) ther prosecute her, as | have not time to attend it, meaning soon to leave town, At (his interesting juuoture the examina closed, and after & vetwoen “Mada Hyron’s’’ counsel and the oificer, the entire Jett the court, by permission, intention of sett tle auteur Mian Mrs. Goulet really deserves considerable praise ventilating this matier, and has won the sy nip fod admiration of ai Whom she las come ii con! With since she #ssumed the part of complainant. there has not been a settiement, fully and neq = alae hase nee ease, the Hrit By oa eet hear of Jousina sebuanss Sark or Conpewxen OnpNANCH.—The entire ceeds of the sale of condemned ordnance at tie Island arsenal, om the Sth mst., amonned tween, $30,000 and $49,000, The bidders were from New York, Hosto rae ee Chic: Louls amd Leniavitie,. Tho New Yorkers pu infantry and artitery eqay «l_ Wo be acti aaa ae sete Seer ET wi recon market. — imeeetferarere ng urchased largely unilery wi wil polish t sell to drayimen ant Neugne merdmcntoneo Republican, ADT 19. “