The New York Herald Newspaper, July 14, 1869, Page 5

NEW YORK CITY. UNITED STATES DISTRICT COURT—IN BANKRUPTCY. Decisi By Judge Blatchford. Jn re George. W. Noble.—The Regtster, J. T. Wil- ‘Mame, certified to the Court for an opinion @ ques- fon on which he had given his decision. At the frat meeting of the bankruptcy creditors, when & vote for an assignee was about to be taken, some of the creditors objected to the reception of the vous ef certuin others, offering to prove that their votes Aad been unduly infueuced by tue bankrupt, ‘the Register dechined to hear such proof, holding that le had po power at that staxe of the proceed Mugs to inquire into the right of the creditors, The Cours sustains this rong. UNITED STATES DISTRICT COURT. Condemnations, Before Judge Blatchford, ‘The fellowing described property was condemned yesterday, by default on the part of the Assistant ‘United States District Attorney Hmerson—return of process having been made, aud the claimants not pearhiy ia court:—Avout titeen barreis of whis- }, found at N 0 Fulton street; eleven and a half barrels of smoking tobacco, 480 screeas, one @uiting Mocline, one screw press, and the .ooacco manulacuily ol Thomas Smith, Lighty-Urst street, and coruer of Broauwi Also two casks aguar~ diente, UKITED STATES CIRCUIT COUNT. Decivions. By Judge Biaichford. In the case of William E. Doubieday vs. Frederick Sherman and Herinan M. boas the Court decdes that the motion to dissolve the myunction and open the decrees in these caces to allow the defendants to detend must be denied, ‘The Court noids Wat ie defeadanis have been guilty of iaches, and are, therefore, not entitied to the favor they ask, In the case of Jolin Asicroit vs. James 8. Cutter and otuers, which was an action for the intringe- ment of letters patent gran‘ edgto Arthur Neill, as in- Vevior, Ue Cours 3 dur the pianita for ue sua OF giv, 000, UNITED STATES COMMISSIONERS’ COURT. Alleged Bounty Frauds— Lucke Before Couimissioner Betts. The United States vs. J. Neison Luckey.—The ex- @mination in this case was resumed yesterday morn- amg. it will be remembered that three disuuct qharges of bounty irauds have been preferred against the deleudant respectively by Ricuard Day, of Brooklyn, late private in the =Lxtieth regiment of dew York volunteers; Join Cody, of 600 Third ave- nue, lace corporal in the Sixty-ninth regiment of dew York Volunteers, and Nicholas ‘Thompson, iate quartermaster on board tie United States guaboat Awerica. Assistant District Attorney Phelps appeared on behali of the government, and Mr. Donolue atwrucy for the defendant. Assistant jisirict Attorney Phelps advised the Commissioner that the cases of Nicholas ‘Thompson and Jolin Cody couid not he legaily substantiated, and tiey were disinissed. ‘ihe case of Richard bay ‘Was adjourned until (uesday, the 2uth inst., in order to enabe the Assistant District Attorney to procure goiwe special evidence froin Lhe War Department at Washington. The Alleged Counterfeiting Case. Before Commissioner Shields. Eli Fietds, David H. Eckert and Jolin D. Wood, the Men arrested on Saturday last, were brought before @owmissioner Shields yesterday morning, on the charge of forging ‘alse and counterfeited United States fractional tilty cent note-. The prisouers Waived au examination and were consigned to prison to await trial, SUPREME COURT—SPECIAL TERM, Interesting Telegraph Suit. Before Judge Barnard, Otis P, Jewett vs. Peter Cooper, Moses Taylor, Marsall 0. Rodverts, Cyrus W. Field, Samuel FP, B. Morse and Chendier White,—The proceedings in this case were brought by Otis P. Jewett, who, on the ‘10th of March, 1554, was president of the Newfound- land Fieciric Telegraph Company, a corporation erganized by an act of the Governor and Legisla- ‘tive Council of Newloundland. It appears that by virtue of the organization stock to the amount of £100,000 sterling was issued. or was to be issue which stock was to be divided into 1,000 shares of £100 sverling each; that under the provisions of the Organization of the company the plaintit’ originally guvscribed for fifty-nine shares of the stock, of the par value of £100 steriing, and of this amount the pluintil paid otf twenty-six shares forthe purchase Of thirteen of the bona’ of the company at the par Value of £200 sterling each; that he paid $12,000 in cash for them, and also advanced to the company $2,000, for which he clatined he was entitled to a further corresponding amount of stock aud bonda, it being the agreement that for every bond paid ior there shouid issued to the party paying for the same $1,000 in two shares of full paid stock for each bond as purchased. The company claim that hav- he Case of J, Nelson ing pi with =the construction of the line and expended more thau $100,000 in building and extending it from St. Johns, Newioundland, to Cape Race, tue work ‘was interrupted by @ failure in the supply of means. Therefore, to supply more adequate means for the construction of the line, negotiations were opened througi one of Lie defendants, ‘aitaferro 2. Shailer, ‘who was then in the empioy of the bl ran with the defendants Peter Cooper, Moses Taylor, Marshal ©. Koverts, Cyrus W. Field, Samuel k. B. Moore ‘and oue Chandier White, since deceased, whose tn- ‘terest was alterwards represented aud is now owned by the deiendant Wilson G. Hunt. The plainut clatuis that during the pendency of these negotia- tions he sold certain bonds of the old Newfound- land Electric Telegraph Vompany to the defendants, who formed the New York, Newfoundland and London ‘ieiegraph Company, and that they agreed to give him in exchange therefore $2+,000 in stock of the last named company, and this action was brought for that slock, The deponents claimed that on or about March, ‘1854, Peter Cooper, Moses Taylot, Marshal O. Roberts, Chandier White and Cyrus W, Fieid purchased of the Newfoundland feiegraphic Company, who were then suspended and insolvent corporation, ali its prop- erty or a valuable consideration, and in pursuance of this agreement the company executed a proper conveyance to them aud surrendered its charter to the government of Newfoundiand, and then became extinct; that subsequently (about April, 1854) the government of Newioundiand passed te churter $o Lie New York, Newfoundiand and London iele- raph Company, constituting the above named de- fendanis directors of said company, and they have Contiuued to exereise the functions oi directors ever Binee, excepting White. who aed in Ls and was succeeded by Wilson G. Huut, who still holds the wsilion; that this jast named compauy completed he enterprise contempiated in thew charver after great difficuiues and mach expense, and that ho such agreement as 18 cluimed vy the plaintiff! was ever entered ito, the defendants cial ing that they bought the material, twois, &c., of the company @iove, and paid ior them. An additi e interposed was that i the pretended the Haincil had ever existed it would have becn barred y tie japse of time. . Tie piaintin’s case opened with the examination of us P. Jewett, Who Was succeeded on the stand by Cyrus W. Fieid—cailed on behalf of piaitiff—and jorace ‘Tibbets. Cuse still on. For piainuil, Messrs. J. B. Stewart and Towie; for deiendants, Messra, David Dudley Field and Manu aud Parsons. SUPREME COURT—CHAMBERS. The Maripésa Stock Litigation Revived. Before Judge Cardozo. Hungerford vs, Ludlow, Patien & Co.—This case involves @ large amount of stock of the Mariposa Company. The piatntiff ovtained an injunction from Judge Barnard restraming the sale of stock and cer- tificaves for about $360,000 of the Mariposa Com- pany. Supsequently a receiver was appointed by e Court aid directed to take possession of the stock and certificates. The defendants refused to eliver up the stock, and moved to vacate the order eros, the receiver and to set aside the injune- lop, Wit @ stay of plaincil’s proceedings, granted Judge Ingraham. ‘‘hese motions were heard at ambers. ihe Court denied tue motion vo vacate the order appointing a receiver, aud directed vne defendants to deliver the stock Into the hands of the receiver. Decisions. By Judge Cardozo, Miler vs, Miller.—Keport confirmed and judgment of divorce wrantéd, the care of the children awarded to piaintur. Mary U. EB, Morrison vs, George W. Morrison.— Judgment of divorce granted. uuain H. }an Wyck v8. George HM, Bach.—Mo- tion granted on the delendant’s stipulating not to ue. SUPERIOR COURT—SPECIAL TERM. Tho Bishop Divorce Case—The Habeas Cor- pus Proceeding and Motion to Recommit the Defendant—Power of the Superior Court Maintained=The Detendant Ordered Back to the County Jail, Before Judge McCunn. Heanor F. Bishop vs, Nathanel C. Bishop.—De- @ision has just been given in this well known case ©n the motion to recommit the defendant. Judge McCunn delivered judgment as follows:— An order of this court was duly made and entered NEW YORK HERALD, WEDNESDAY, JULY 14, 1869.—TRIPLE SHEET. adjudging and requiring the defendants to pay all- mony to the plaintiff. To that order the defendant refused obedience, and on proper proceedings he ‘Was adjudged in contempt and was ordered into eustody until he himself of his contempt by subInIssIOD tO mandate of we court, Instead, however, of slelding, Yo the, antnorliy af the court and disc! its tne defendant hud recourse to @ Writ of habeas corpus, and, brought before another tribanal, he was from the coniinement to waich he was committed, | and, in eifect, as regained hig liberty without mak- j ing his submission, A motion is now made to recommit the defendant on the spectiic ground that the Judge, in directing his release, acted without authority aud in contra | | Ventiou of law. ‘Without hesttaiton I shall graut tie | 5 there was error in the original order witich resulted in the commitment of the delendant | he nad his redreas by appeai to the General ‘erm of ‘this court und thence to the cours or ultimate resort, But that the Supreme Court hes jurisdiction to review the del m of this court by pro- ceedings in tne nature of appeal @ propo- sion 03 novel as it 18 destitute of support, if it be not an affront to a court of co-ordinate dignity and authority even tw saggest the case Py wuy of illustration. 1 might say, a8 well imght disrevard and set at nanzut an order trom Mr. Jus- tice Sutheriand as he assume to annul an order of mine duly inule at Special teri of the Superior | Court. And, besides the illegality of the ‘uterier- | ence, the interests of justice and the decorum of judiciai proceedings must be grievously impaired ‘and obstrucied by the a'tercations and embarrass- luevts to whlch the precedent of Mr, Justice Sutherland would inevitably conduct. | ‘The duty of tie courts of Uus State, mm r | oi @ prisoner produced on the return of | a writ of kabeas corpus, 1 minutcly and precisely aefined by statutory provisiou—"it shall be the ‘duly Oi such court or oulcer forthwith Lo remand such party, if it shall appear that ne is de- lied da custody for aiy contempt specially aud piainly churged 1m the commitiueat by some court, ouicer or body having authority to couiutt for Whe con- ‘tempt so cuarges.”) (2 Kevised Suabates, 06), sec. dy.) the return to the writ allowed by air, Justice Suti- erlund disciosed Whe fact that tie prisoner Was 1n ou toay for contempt “plainiy charged ia ihe commit meal,” and i presume wat learned Jndge wil baraly deny that a jusuce of the Superior Court has autuority to commit for contempt. Though it be hot at al incumbent on me to reproduce tie evi- dence upon wineli, in the Uist insiaucy, | directed tue cominitment of Mae defendant, yet, for the satis- fiction of Mr, Justice Sutherland, 1 will Bay lo was Mrsuilicrent both in Kind and quality to saasty me of tue abundant ability of tue cefendant to pay the ailiaony alowed the plaitul. ‘The order of the court ts tuat the defendant be re- counnitted t@ the County Jal until ue purge himself of tue contempt of wuich he is guilty ta negiecung lo pay tae aumony allowed the plawuit, suPEsiOR COURT — Reporinved Dutch Church vs, Brown.—Affirmed. Planagan, vs. Cassidy.—AMrmed; Cierke, P. J, dissenting, Ju re the will of Anva Maria Ferman. COURT OF GENERAL SESSIONS. * Before Judge Bedford. The procecdiugs of this court commenced afew minutes after twelve o'clock yesterday, Assistant District Attorney Hutchings prosecuuug. Thee were five cases of grand larceny on the calendar, one of robbery, one of assault and battery ana one for obtaining goods by false pretences, Ann Kiley, indicted tor- grand larceny, pleaded guilty, and was sentenced to one year in the Peni- tentiary. Edward Gibson and John Murray, charged with having assaulted Mr. George Roiles at the corner of Maiden lane and Broadway, on the night of the 9th of July, and rovbed him of $143, Judge Bedford, in a few words of severe censure, sentenced both pri- soners LO teu Yeurs in the State Prison, Henry Miller was inaicted for grand in having stolen from the office of rick W. Cameron, of which George Kk, Sampson has ciarge, the sum of $155. A jury being impannelled, ihe District Attorney, Ms. Hutchings, caded the cilef and only witness, Mr. Sampson, to the stand, who stated that tne prisoner, Maller, was cmpioyed at a dollar a day aud board to do work on a ship belonging to Cameron & Co, No, 23 South William sree ‘Ihe prisoner, on the day of the 6th of July, having been already some days at work and re- ceiving pay therelor, entered the oflice, and while Mr. Sainpson’s back was turned, stole from an en- velope lying on a desk near by the suin oi $105. He then disappeared; bu" aiinust tmimediaiely after- wards Mr. Sampson missed the money, and sent his Le ied for a policeman to give chase to Miller, whom he had previously Observed entering the office. Miller was captured and the iden- tical money found on his person that was stolen from the enveiope. Miller as witness on nis own behalf, swore that the money he was charged with Stealing belonged to himself! aud was the proceeds of his wages as a satior, The learned Mr. White, counsel tor the prisoaer, addressed the jury aud might have meited tiem lo tears on behalf of nis Client if he cared, but ie didn't, Tue jury, noweve found the prisoner guilty, and Judge bedford, coi Menting on the fact that the prisoner had added per- jury to we crime of larceny, sentenced bim to four yeurs in the Penienuary. ‘The court was then de- clared adjourned, FIRST DISTRICT CIVIL COURT. Interesting to Wall Street Brokers. Before Judge Quinn. Isaac Goldstein and Henry Goldstein vs, E. C. Benedict,—This 18 an action brought to recover the sum of $159 28 from the defendant, who is a well known broker in New street. It is alleged by the plaintitts that they gave to the defendant $500 as a margin to purchase $10,000 gold at 134%, which the defendant did, That they ordered it to be sold at 139%, which defendant aiso did, That thereupon they asked defendant to make out a statement of their transactions aud to send them a check for the rofits. inthe statement appeared an item, ‘Mi 7, 1889, difference on $10,010 gold loaned to Kreutzel & Lertz at 15944 and bought in at 141%%, $189 2H.’? ‘the plaintiffs allege they never authorized defend- ant to loan the money out, and, therefore, claim that defendant had no right to charge them with the loss of the $189 28, and they ask to recover the same in this action. ‘Tne defendant alleges he had fail authority to loan the money to ixreutzel & Hertz, who were considered by Wall street to ve perfectly good and responsibie, That the $10,000 gold was sold by defendants for plaintuY at 1394; on Saturday, between ten and eleven A. M., andon Monday morning kreuizel & Hertz failed in business, and he was obliged to buy it in at an advance of 41)4, making a loss to plain- tiffs of the sum claimed. That when the firm fatied i immediately notified plaintitls of what he had jolle. ‘The plaintiffs, through their counsel, claimed two points in their lavor—iirst, there was no authority to the broker to loan out the money of plaintitts; second, admitting there was such authority, the broker Was guilty of negligence in not notiying the plaintiffs of tie toan he tad made, and therefore in either event the defendant was Hable. Ine defen- daul’s counsel contended that m fact no $10,000 goid was ever loaned out, nor was it bought for plain- tiiTs; the ouly reat mouey in the transaction was the $500 margin. That defendant was not liable, be- cause the money was loaned to @ respousibie house, aud that he had authority to loan. ‘The Justice sald he must assume that $10,000 gold nad in fact been bought by defendant for plaintids, tit had in fact been ioaned out to the firm ; the question was one of fact asto the authority of defendant to loan out the money, and a question ef aw as to the neglipence of the broker in not notifying the plaintiff gi the loan he had made. ie thought the broker was guilty of negligence, but he would reserve his decision and examine the question, ueorge F. & J, ©. Julius Langbetn for plaintifis; Luke 4. Lockwood, attorney for deiendant, COURT OF SPECIAL SESSIONS. One of the Mysteries of Bellevue Hospital and How Whiskey Produces an Aversion to Cof- fee—A Semi-Scalping Process—Penaity of Not Obeying the Order of a Police Court Judge Stories that Giang AgleemA Desire for Change and What Came of It—Pugilistic Practices Upon Policemen. Before Judge Kelly. The session yesterday was unusually prolonged, there being forty-nine cases, of which twenty-three were charges of assault and battery, fourteen of petty larceny, one of indecent exposure and one of being found with burglars’ tools, There was an un- usual number of cases involving charges of petty disputes between our German citizens, drawing Jargely on the intelligent and invaluable services of Mr, Kochier, the interpreter, 7 WHISKEY IN BELLEVUR HOSPITAL. Harriet Riley, a robust and rather pleasant look- ing woman, pieaded guilty to striking John Coffee, Both parties were employed in Bellevue Hospital— the plain! as ward tender and te defendant as nurse, eget a you strike this man, Harriet?” inquired udge. wie drank, your Honor.” “Did this occur while you were on duty at the hospital?” “Yes, air.” “And you were drunk #? «Yes, sir.” ir. What did you drink” “whiskey.? “Where did you get the whiskey?” “That's telling.” “You retuge to answer the question?” ‘Yes, sir.”” you drank so much whiskey, I suppose, and so larceny Rode- had an aversion for coffee?’ “Yes, sir’? “wel ti ‘i I give you three months in the Pentten- ary, and:my own opinion is that you Lave beep on your id the Judge, ‘to think the matter over, said the Juuge: last drank in Bellevue Hospital in the capactty of Burse, aleautime you will have an opportuulty to drink lesa whiskey und get over your aversion for BRUTALITY TO A BOY. C, Behr would let lis suury passions rise to @ vivieutaltituae. ‘Phe otier day a boy four years old, pamed Jonn Monavnan, threw a stick as the for- mer’s horse, Who ls 4 cartusu, Bud made the horse jamp quickiy; the man jutnped from his bye ; cuught tue boy by tue huir of the head and puii out several handiuis of buir, Proven against Mr. ber. “What uave you to say to this?’ the Judge asked mn. i «The boy frightened my horse and | only meant to frighten iiu,’? Your course of frightening was semt-barbaruns,” 3 fb regular bad scalping procera, You must learn to curb your passions, In pay ment for your vruteiity | Hue you tweuly-five dollars.” ‘The man paid Ube ue, vut as ae counted vut the currency he woked as though he did uot appreciate the bigh toned udral suggestious of Le Ju A DUG CABE, Andrew Betts was cliarged oy John Ryaders with Keting @ Gog On Imm, Which dog bit hun, im uc Course of the testimony It was shown that xr, betts bad been ordered by one of Wie Jeflerson Narset Pouce magistrates to Kill Us dog ob aecount of ils beilg viciounly clined, i eae didn't you kill the dog?? inquired the judge. “Liere Was no tne specified in which 1 was to Kil the dog. i! Kui iia now.” “E sual Une you twenty-live dollars for not killing | bin When tuid Ww,” sald Lie Judge; “und you tbust KAI him to-day, Or i711 mipuse ametuer tine ald send you to tie iedientiary.”” TWO STOMs SOMEWHAT CONFLICTING. Cases in wich directly adverse testimony 1s given, showing & feivstous taciiiy an Lic way ol AWear ay Tut iy SUNICtLLUY Wore Lad Wiarvelious, are quite quent, A good sumple case oi tue Kind Was de- Veloped ia & eliarge Of assauil and batlery preierred by Jaue Morrison against Auchuel Quang, “Lam a teuautb of Mr. Quinu,? suid Mrs, Morri- son, "He came for his veut; t tod Niue i had Lo money, aud lie Ook Me by tue hair Of uy Lead aud dragged ne dow & Higiil ol stairs aud Luen Over a Woud piie vo bie Cellar’? “Anytiiug more ve ati to you?” asked the Judge. “Pals quite enough; | ain't wot over it yeu” Aq@Viiness Was Culed ir Lue deieuce. “ir, QUIK deked Lis Wolldn jor ver rent,” said this witness, “aud sue told liu Lo go WO il ‘for at As be Was leaving she followed alver hun and Leu Gown the slurs, bemg very drunk at tie Hive, and then crept into tue cenar Lo sieep oi Her drupaeu> ess.” . “he prisoner Can go,’? said the Judge; and the prisoner went. NUP THE CHANGE HY WENT POR. Corneling Swiivan went tuto James Campbell's liquor lore and gol a drink, Next day he went to the place agalu vad Mosted that he-did Dot get the right change irois a Mity cent stan. “Change 13 ab you Wauly” aud waiking from behind the-bar le gave lim, as the compiainuat averred, & beating. Jainpbell Was compelled to pay ten dollars for the event of the Coumissiouel’s 01 Charlies ada Correc, on. ASSAULTS ON POLICEMEN. John Sherwood tuought he nad an undoubted Tight (© ereruse his Muscles upon o.licer Coouur, of the Fourta precinct. As he suowed bad jaug- mevtin selecting us & Ulung ume tor pommeiing the oulcer when tne latier was on duty he Was seat six Moauis LO ihe Venttentiary to correct lis error Of judgment. Francis Mead took like ilberties WKN oilicer Fairfield, of the First precinct. it being shown that he isa hard working iad, 40d Not given to this species vi pug practice, Le Was iet oi With a fine of twenty-tive dolars, MISCELLANEOUS CASES, Joseph Lawrence pleaded gullty to being found with @ “jimmy in iis possessivk Uuder CliCuiusiances Inciting suspicion Luat he iteuded to put the same to burgiarious use. He) was sent four months to Blackweli’s Isiaud. Heiurich Henrichson was sent one month to the sume insuiar abode for stealing a shirt aud a. five dollar bill, Elizabeti Keeves swindied an unsophisticated rural cnueman out of twenty-three doilars, whici she ad in the toe of one of her shoes, Due Will have Lo toe the mark for tie next four months at the Work- house, David Willams, considering a pocket hand- kerchief an indispensabie adjunct to a modern gen- ' teman'’s Wardrobe, aud not liaving ove of his own, stole one. He was sent twenty days to the City Prison. Four boys, about ten years oid each, giving: their names a8 Gustavus Priser, Josepi Ui, Walker, Eugene Lonuenberger and Johu Gannon, placed a Mrs. Joodics’ estimate on the contingent utility of door plates, and were charged with steaiing several, together with some type. Two were iound guiity and remanded for sentence. Thomas Connolly was found guilty of stealing a Coat. He was sent four montus to the Peniteutiary. COURT CALENDAIS—THIS DAY. COURT OF GENERAL SksSIONS.—The People vs. William Nicholson, murder; Same vs, Emil Butts, do,; Same vs. Joseph Ward, obtaining goods by faise retences; Same vs. Edward Purcell, Edward icUarthy, Patrick McGuire, felonious assault and baitery; Same vs. Edward Wilson, grand larceny; Same vs, John W. Russell, do. Court OF OYER AND TERMINER.—The People vs James Golden, assault and battery; Same vs. Felix ferns, burglary; Same vs. Cornelius McNaliy, felomous assault and battery; Same vs. same, de.; Same vs. same, do. CITY INTELLIGENCE, ‘Tne WEATHER YESTERDAY.—The following record will show the changes in the temperature tor the past twenty-four hours in comparison with the cor- responding day of last year, as indicatea by the thermometer at Hudnut's Pharm: HERALD Build. ing, corner of Ann street:— 1369, 1869, ia 83 70 78 8 6 RM a1 81 1PM xt ‘Average temperature yesterday. co ceee OM Average temperature for correspouding date last year...... 574 SuppeNn DEaTH.—Edward Ripley, late of No. 372 Tenth avenue, died suddenly yesterday afternoon. Coroner Schirmer was notified, and will hold an in- quest on the body. KEROSENE LAMP EXPLOSION.—Nora Wolfe, of No. 83 Mott street, while kindling a fire yesterday ex- ploded a kerosene lamp, which fired her clothes and severely burned her about the face and bods. Tax Rewer Bonps.—comptroiler Connolly has announced that no awards of bids for these bonds will be made or accepied under $103, and negotia- tions are now being inate with foreign banks with @ prospect of placing the whole loan of $2,767,000 at @ much higher rate of premium. ANNIVERSARY OF THE ADOPTION OF THE ConsTI- TUTION.—Yesterday was the eighticth anniversary of the adoption of the constitution of the United States. On the fifticth anniversary Joha Quincy Adams delivered an address in the old Dutch church, now the General Post Orfice, in this city. Fike IN ORCHARD SvReEET.—At Miteen minutes after four o'clock yesterday morning the grocery store of ‘Theodore Weiss, 183 Orchard street, took fire and was damaged $1,000; fully covered by in- surance, fhe butiding is owned by Martin Hertle and sustaiued about $500 damage. FEARFUL AND Favau VALL.—Yesterday afternoon a brickmason employed on the fifth story of the new building in the rear of premises No. 64 Walker street, lost his balance and fell to the ground, thus receiving injuries which caused death in a few mo- ments alierwards, The body was taken up and re- moved to the Fifth precinct station house, where Coroner Schirmer was notified to hold an fnquest. ‘The name of the deceased was Charies Meyers, and he was a native of Germany. He lived in Kighth street, near avenue A, FATAL RATLWAY CASUALTY.—Coroner Flynn was yesterdhy called to the New York Hospital to bold an inquest on the body of Arthur M. Whitehorne, a young man twenty-one years of age, who died trom the etlects of injuries received nearly three months Ago. Deceased was inthe emply of the contractor ol a new railroad now being constracted near Fish- kill, and in attempting to reach the platform of a car fell and fractured his spine, besides receiving some other injuries which resulted fataliy as sta' ‘The remains are to be conveyed to Scheuectady, this State, for interment, DEAD CHILD ABANDONED.—The remains of an in- fant were yesterday found lying in the gytter in Jane street aud carried to the Ninth precinct station house to await an investigation before Coroner Sehirmer. The child evidently haa been thrown out in the street and abandoned, but the police could learn nothing whatever concerning its parentage. No external warks of violence were apparent on the body, but a post mortem examination will be re- quired to deteriuine the cause of death, Infanticide and child abandonment cases seem to be rapidly on the increase, a8 scarcely a day passes, but what dead iniants are found stowed away in ash boxes and barrels, or lett in the gutver or other by-piaces, Merrors.—The following is the register of an un- usual number of splendid meteors seen to sped here and there across the sky, from one minute after midnight on the 13th to fifteen minutes after two o’clock:—One at 12:01 o'clock, first magnitude, equal to planet Jupiter, yellow, shot from 20 deg. north, northwest of Beta Andromede, south 25 deg.; an- other at 12:N, first magnitude, white, equal to Capella, shot from 10 deg. north of Beta Arietis, towards and 6 deg. beyond; 12:24 o'clock, first magnitude, equi Altair, red, shot from 10 degs. south of Beta |, South 16 degs, 1 Bec. ; 12:26 o'clock, first magnitude, white, shot 18 degs. southwest from a point in Right Ascension 18 hours 12 minutes, southerly direction 15 degs, ; 2:14 o'clock, first magnitude, a magnificent emerald meteor with train of 26 degs., shot from lu degs. northwest of Alpha Aquilw, 40 West, equal to Lyra; 2:15 o'clock, first magnitude equal to Altair, yellow, shot from 12 degs. cast of Altair to it. ‘Te number of Ineteors equal to Polaris were thirty. SUPERANNUATED POLICEMEN.—Tho Chief Clerk of the Board of Police Commissioners, on Monday, sub- mitted a report in relation to superannuated mem- bers of the force, The Board regolved “thay (ye ‘Ypese were the lacts — Teport be referred to the Superintendent, with in- | structions to make charges ayainst euch of the foilowing members of the Metropolitan Police, | that they have respectively become perimancutly digabied, 80 that they are unfitted to per- | Jorm police duty, to wit:—A. T. Smiup, Firat pre- cinct; James White and Osiwer Ober, Second pre- ect; Michael Haggerty, Fifth precinct; Koyer dadge, Sr, Sixth preeimct; Hugh Mckiroy, Tenth recinct; Jonathan Osborn, David Costello and ingh Cronin, ‘Thirteepth precinct; Stephen W, Maynard, Fitteenth precinct; John C, Lanegan, Seventeenth precinct; samuel Areson and Wiillam S. Jackson, Eighteenth precmet; Patrick selly, ‘Twentieth precinet; Harvey Sickles and Jaines {tis- ley, Twenty-third precinct; Cnaries Gardner and Teter Rice, ‘twenty-sixth precinci; J. ib. Davies, ‘Twenty-ninth precinct; Thomas P. Wright, lorty- fourth precinct; Meary Guischard, Forty fith pie- cunct; David Koach, Detective squad, and Jolin Arnoux, Court squad, ‘nese men will be placed Upon the peusivn List of the departuneut, POLICE INTELLIGENCE. ALLECES Fesonrous ASSAULT,—Josephine Wall, & cap maker, residing at 49 Forsyth street, wax ar- Tested ang taken before Judge Hogan at the Tombs, on a charge of fedonious assanit on Elizabeth Giysoa. ‘The two had sone words, When Lue accused, aecord- Jug 60 the ailldavit of the complainant, stabvet her Jo the faee With a Knife. The accused was commit. ted Lu deiault of bail to answer the charge. TUB ROBBERY ON THE BOSTON Exrkuss.—Augustus Murray, Jr, the darkey who was ested and brought before Justice Dodie on Monday, charged by Mr. Merartand, of Madison avenue, with having robbed hin of hia purse and Lobacco bOX tia a Bicep Ing car on the Boston express tram on Sun iay nigh’, Was discharged yesterday morning On ius own re ee Aur, Me¥arlaad not desfring to prosecute ry THE PANEL Game.—John Lafiin, of 12t Bast Elev enth street, appeared before Justice Dodge ab tie JeiYerson Market Police Court yesterday morning, and complained that Lizzie Sinciair, a woman of the town, had persuaded nim to go with her to the house No. 12s Mercer street, on the night previous, and there robbed tim of sixty-five jollars in mouey and pawn tickets of the value of Nifty doliars by meaus of the “panel game.” 'Vke prisvaer pleaded not guiity When ‘ite ch as read ty ler, bub Was commuted to answer w bail, Join Edward Dauthault, of 51 Wooster street, charged Mary Reilly, beiore Justice Dodye, at the Jetierson Market Joie Court y arday th robe dollars in ow ncy in the blog nim of twenty-cir f ‘the prisoner house of jii-tame, 52 Wooster street, Was comuitied to answer, THE ALLEGED Kobseky IN HOUSTON STREET. James Gallagher, the map who was arrested 0b Mon- day night at te corner of Crosby and East Houston streets, on a Charge of robbery preferred by Andrew Watt, was brought up for examination yesterday be- fore Jusitee Doave. ‘The facts sworn to in the com: piaint are somewhat diferent from tie statement panes yesterday. Guilagner was alone with Watt when arrested, and tue $200 which it is alleged the latter had in his pocket were not taxen. ‘Lhe prisoner asserted that the complainant was drunk and ran against him, and, becoming alarmed, cried out that he was robved for the purpose of getung assistance; and further that the money was hot in the possession of Watt at ali at the ime, Gallagher ‘Was committed to answer without bail. A BRACE OF SHOPLIFTERS.—Two women, respect- ably dressed and modest in manuer, named Emma Johnson and Mary Brown, were brought before Justice Dodge, at the Jetferson Market} Police Court, yesterday evening, by detective Beck, who arrested them while leaving the dry goods store of Lake & Mcvreery, corner of Kieventn street and Broadway, about two o’ciuck. Mr. James Mc€reery, as com plainant, stated that the prisonersentered the store and asked to see some silk shawls, and that whe the sulesman was engaged in pulling down a iresh quantity Mr. Jackson, the superintendent, observed Emma Conceal tive and Mary two fine silk saawis, of the aggregate value of $250. The goods were 1ound in their possession When arrested. Tiey were com- mitted for trial, Fast River PARK CHARGED TO BE DISORDERLY PLace.—Charles Sulzer, the proprietor of the East River Park, was arraigned yesterday before Justice Kelly, at the Yorkville Police Court, on a charge of keeping a place Which is the common resort of dis- orderly persons. Mr. Hoge, who resides 1m te neighborliood of the park, testified that during the present season the place had been conducted in a most disorderly manner, and that the families in the neighborhood were continually annoyed by lewd aud obscene language aud noisy debauchery. Sev- eral Witnesses were present for the defence, but their exammation was adjourned until Wednesday aiternoon. Many of Mr. Sulzer’s witnesses are said to be highly respectable citizens of the uptown wards. IME POLICE SURGEONS. All the Reports In—Remarkable Actien of Mr. Mavierre. For some weeks the newspapers of the city have devoted considerable space to the ventilation of the medical department of the Metropolitan police, and the alleged negligence of some menWers of the Board of Surgeons. ‘he Board of Police Commis- stoners first learned of the irregularities from the press, and more than one of the members of that body immediately commenced reading up the laws and rules relative to the duty of surgeans. Asa re- sult of the criticisms the Board passed a resolution instructing ail the eurgeons to make a report of their duty at the station houses to which they are detailed for the year. Many of the physicians had kept no record of the cases treated by them, and this resolution placed them in an exceedingly unpleasant predicament, It was imperative, however, and they searched the blotters of the station houses for data to compile their reports, A resolution was also passed by the Board of Police some weeks ago ordering the Board of Sur- eons to appoint surgeons for duty at the Central ‘Mice for whom theyywould be responsible. Anxious to please the Commissioners they proceeded to com- ply, When, itis said, Commissioner Smith wrote & note to Dr. Jones, President of the Board, asking him to delay the nominationsjof the Centra! Ofice sur- geons. It is said that the other republican Com- missioner, Mr. Manierre, joined in the re- quest. The Bourd, through their chairman, Dr. ‘Jones, intimated to the republican Com- missioners that if they had any friends to nomiate to the position at the Central Office to name them and they would examine ant consider tueir qualitications. A few days after, to the as- tonisbment of the surgeons, an intimation was con- veyed to them that they had better hurry np their nowinations, A meeting of the Board of Surgeons was at once called and various parties invited to ap- pear for examination and compete for tie vacan- cies, They made a critical examination of appi- cants and made two nominations, Whereas the solution of the Police Board called for but one. ‘The Board, at ity next meeting, failed to contirm the nominations. But the most remarkable circumstance in this connection is the action of Mr. Manierre, who, It would seem, assumes to run the entire police department. Before the returns of tie physicians had been secured, the representatives of the press, Who were anxious to set the physicians right on the record, obtamea the assurances ot President Bosworth and Mr. Brennan that so soon ag Lie reports were in they would be permitted to examine them. Ali the reports were received prior to Saturday, when they were submitied to the Board. Mr. Mauierre at the sesstou of the Board took the reports, and positively refused to permit their publication, until lie Has read them, which may not be fora month ora year. In the meantime those surgeons whose reporis show that they have per formed their whole duty feei aggrieved at their non- publication, and cannot divine what personal in- terest Mr. Manierre has to serve in suppressing their publication m opposition to the wishes of his asso- clates in the Board, The Work of Street Cleaning Commeaced— Neglect of the Regular Contractor~A Nui- sance in Brooklyn. ‘The Hoard of Health have already commenced the work of cleaning the public streets, and assurances are given that they will spare neitner money nor javor in doing the work effectually. Yesterday a gang were put on Fovrty-first and Forty-second streets, and it 18 said over 300 loads of filth that Lad been accumulating for two years were removed in five hours. In this neighborhood a large num- ber of shanties belonging to the poorer classes are located, which are said to be reeking with filth and foul odors. One of the inspectors has made areport upon their condition, in which he recom- mends thelr removal entirely, as they are said to be dangerous to health. In this connection it may not be out of place to call the attention of the Board of Health to the negil- gent manner in which the street eontractor per- forms his duties in certain portions of the city. On Monday, while the men were cleaning . West Houston street, between Laurens and Thompson streets, @ HBEKALD commissioner stood by and made @ minute examination of the work. In the street are numerous spots where the pavement has sunk, and the garbage has filled up the space to a level with the cobble stones. The workmen merely applied tireir brooms hurriedly to the surface, collected and removed the loose debris and lett the real nutsance that breeds disease untouctied by shovel and hoe. Let an observant inspector fol- low the street cleaners in all parts of the city and he will discover that they leave behind them that has coliected for months in the holes worn in the streets, It isnot the loose dust that breeds dis- ease, but the deposits that are permitted to lie in those holes exposed for months to the rays of the hot sun. In nearly all the streets of the Eighth, Seventecuth kicventh, Tenth, Fourteenth. Sixth. | Sprague & Close, coraer of Flusuing gnd Carivon Fifth, Pout First, Third and Second wards these d-posits will be found a moment after the contrac- tor’s gang as passed out of sight. ‘AN ALLEGED WROOKLYN NUISANCE. The examination tnto the acetic acid factory of avenues, Brooklyn, Was conunuel yesterday by the €.amination of Professor Chandler, chemist to the Board of ieaith, He de} that he visited the premises on Saturday last; the process employed there for making acetic acid ought not, in his opinion, to be productive of a nuisamce; the mate- Hals are acetate of lime and muriatie acid, which are not incerporated by sieam; the only exit is through a tube, which first passes into a trap, then through a purifier, then through a worm which con- denses ibe acetic acid; the disagreeable stenches of the acid are conducted by a spectal tube to the fire, where they are consumed; if the apparatus ia tight, as it was when he examined it, he could see 10 meuson why any nuisance could take place; over the vessel he couid sfuell the pungent luines of we acta, but they are not offensive; noticed two stills, one of which was in operation; his impression is that Ove apparatus connects with both stills; if the workmen are careless enough W leave the stiks open of course gases will escape; things looked neat and clean around, J olone! Broome, of whe Marine Barracks, was re- cated, aud sald tia’ he smelt the same smell oa Monday nigut, and suffered considerably tirough nervousness. These smells upset bis whole nervous system Lieutenant Southmarsh was on duty on Monday night, and frow eight to eleven the ste His private quarters $0 ag LO compel Lum Lo close his Windows, Mr. Hastings said that unti! he was satisfied that proper care Would be used he should oppose a per- mit rd continue the operation of the factory. The evidence will ve submitted to the Board at its ses- BiOU OL Lo-~lay. RIVT ON THE BOULEVARD. Conflict Between Orangemen and Laborers A Number Wounded. The riots in Jersey amt the Bowe between the adherents of William Prince of Orange and those of opposite religious tenets, were not the only ones that occurred on the anniversary of the batite of the Boyne. About five o'clock on Monday one of the Irish Pro- tesiant Louges marched up Eleventh avenue, about sixty strong, displaying banners and symbois of a nuture calculated to Keep alive tne feuds that have so long prevailed between the Urangemen and the Ribbonmen, At the corner of Eleventh ave- nne and 116th street, an indignant [rish laborer saw the dags, listened to the rolls of the dram any! fife that recalled recollections of the stampede of bis progenitors on tiegreen banks of tue Boyne. His Indignation got tu® beter of his judgment; his lips uttered an imprecation, it was heard by the Orange- men, Who set upon lum, Knocked him down, Kicked and bim Jeft hin more deat than alive. The unfortunate man dragzed nimseif over to the Boulevard and recounted his wrongs to his fellow-workers, The story of the outrage was magnified as it passed from one to another, and great excitement prevailed in the ranks of the tabor- ers and cartiten employed on the works, Prepar tions were at once made for defence, as it was kuown that the Orangemen proposed returning down the avenue, Caris were loaded with suai stones, clnvs and axes, placed in convenient posi- tious, and at six P.M. the procession appeaied in all the poup of war, The carts feil into ime on either side of the avenue ana closed up. As the procession passed the heads of the coluinns of carts closed ia simultaneoasly with a similar movement on the Orangemen’s rear. Belore she army of King William were aware of the trap they were in an ambuscade, surrounded by a bar- rier of carta, filled with savage, indignant Celts, They made a determined charge to break through the front advance, but were met by yells, curses aud ashower oi stones that demolished and scattered the Orange hosts, who raliled, changed front to the rear and made a desperate attempt to cut their way out. Again they were foiled; again they assaulted the lines of the Ribbonmen, this tiue attacking them on the flanks wilh swords und revolvers, For twenty minutes the conflict raged, the workmen standing up in the ca ard hurung stones und missifes at the Orangemen, who responded with ball cartridge and sabre cuts. At the end of the aifray some #1X of the Orangemen were carried off to the asylum near by, where their wounds were dressed, and fifteen or twenty beat a rapid retreat to sale places, with sore heads and bluedy faces. It 1s skid that a number of the workmen were seriously wounded and two shot, not dangerously, however. Strange to say, the police of the precinct made no report o1 the conthct, which was of long duration, This information was obtained from an oilicial of the Central Police Ollice, who resides in the neighbor- hood and vouches for the correctness of the state- iments made, EX- ISTANE TREAS! PRER VAY DYOK. The following correspondence between Mr. H. H. Van Dyck and the employes in the Treasury was occasioned by the retirement of the former from the position of Assistant Treasurer in this city, The testimonial referred to in the correspondence con- sisted of an elegant rosewood escritoire, valued at $000:— Mr. H. H. Van DycK:— Deak 51k—Tne undersigned, for some time your associates in offce in the Treasury of the United States, cannot forbear expressing to you the lively regret they feel in learning that you have withdrawn from the honorable position of Assistant ‘Treasurer, ‘The Joss to the public service has been becomingly recognized by the press; our individual loss im the termination of that oilictal invercourse which has been to us so deiigntfal can hardly find proper acknowledgement. We shall ever cherish with the heartiest satisfaction the remembrance of your uniform Kindness aud courtesy to all, the nigh ability you have displayed in the discharge o1 duties at times full of dimiculty and embarrassment, and of that stainless integrity which, in an exalted posi- tion, served as a bright exemplar to all men. May we ask the favor of your accepiance of the accom- panying testimonial of our esteem, together with our best wishes ee future health and nappi- hess? Very respectfully, W. HAWKINS FERRIS, E. H. BIRDSALL, and others. NEW YORK, July 6, 1869. GENTLEMEN—Engagements of an engrossing cha- racter have prevented me from sooner acknowledg- 1g the receipt of your communication of the voto June, and its accompanying testimonial of good wil. Io my adminsteation vi the aliairs of the Trea- sury in this city, always responsibie and often jabo- rious, Ihave beep faitifully seconded by the unli- termitied application ef the persous employed in its various braucies, and Whatever of merit may be conceded to its trcatig ment is as much due tu tuose by Wuom I bave been assisted as to the judg- meut by which their labors have been directed, 1 cheerfully bear testimony to the integrity of character and zealous devotion to duty wich dis- tingulsh the empioyes in the Treasury Departinent; and, though [leave my successor in ovlice millions of treasure, I can bequeath to him nothing more valuable than men who respect themselves, and Wiom all must respeot, so long as faithful public service is esteemed worthy of commendation or en- couragewent. For your elegant testimonial of frendship I thank you. it will serve to remind me of many anxious hours, and yet of pleasant associatious, in which dis- Unctions im posiion have been swallowed up im a common desire to perform aright the duties assigned to us respectively. While our union in the pubite service is broken by my withdrawal from the station of Assistant reas urer of the United States, 1 shali nov fail to carry With me a@ grateful recoliection of personal Kindness and respect manifested by tuvge connected wit, me iu the transaction of the pablic business, ov to follow them with my best wisues for their continued huppi- ness and prosperity. Be pleased to communicate these sentiments to your associates in the Ireusury, and beueve we to remain, respectiully, your vbedient servant, H. VAN DYCK. To Messrs, W. HAWKINS Ferris, G. H. BIRDS ALT, F. CLINTON FIBLD, CHARLES LU. Cavy, Daviv Wu SON and others. ARRIVALS AND DEPARTURES YESTERDAY. Arrty: CHaRLeston Steamship Champion—L Hoffman, J neook, J Murtiand, @ & Goodrich, 1 and child, Miss Sarah Parker, Miss C Kavanaugh, Mies AL Miss B Flowing, Mr Foster and va, L Frank, New York, June 30, 1869, F Behettie, BE Fleming, W B Cuyler, C& Hawking, Mr Wild and wile, HJ'Doniphan, JB A Men ta N ear, Kelly, Mr Jackson and wife, WD Wailers and wife, Reynolds, BW Sherbuer, J J Wells, Miss Simms, HB € bye Major JG White, J M Gardner and wile, Soha Wright, G CSingiey, T Hughes, L Dorado, Mise J A Pepper, Mrs WP Cona and two children, Mra Hicks and famiy, F Tupper and Mra Terry and two children, Mist NF’ Opdy Miss Gwaltney, two Misses Wyatt, Miss A f O Carter, A Jobuson, WG, Whidien, John B Warren, and five in the steerage. Departures, PrymovTi, CarRvoURG, LON teamship Silesia,—S B Ruggles, Ur to the International Congress at the Hague; Mfs 8 B Ruy gles, Miss MA Bostwick, D B St John and lauy, Miss KM bt John, Charles H Koyce, United States Consu. at Prague; H Freliseo, Danish Consul at w Oreans, Miss Tf Frew Miss L Frellseo, Mrs WR. No’ Heten Morgan, WR Morgan, Jr; "A Pieper, A Tee Mra Washington Hunt overt H Hunt, Natuao 8 Mamiitot 8 Wolf and wife, John F Kothe and lady, An.oujo Sardinia Joseph Oliver, F Uhrbach, A Uhrbach, Lb Unriach Ordonez, Paolino Garrigorri, Miss MJ allane Braeuchle and children, Miss Mary Meyer doveph Uri and wice, A Hg Fred Hore, K Jaco'y, Dr Higatt, W NE Noyes, M Bergmann, Vhomas © Ya hogues, L Ehrmapn, John A Cutler, lady, euidren and puree; Mra Jan rrero, Miss Baral J Gedyey, Alired Car- wife, W Hoffmann, Ch Brink, John Deimcamp, J , Jr; Mason bite David \ iollier, F Degen, O B ohn B Marquet, Juilus Ulke, Michael Vix, F Bar- lady, Abraham Kain, Paul Gi pp ‘Sehuler Mi Stern, ah Lorwenthal, J’ Franklio, L Morgenthau, D. Weekeriin, Weil, He Hehkel, Louis 'Steoncn}, Janies Honey aud two fren, Fried Moeller, A\ Born, Leo Colin, Ada: ily Manger WY Mortuer, Mre'M Bishop aud others 2 to + fan ai Delacam ler, tele am railroad in the State shall, when necessary to heat any of its cars, do so by heaving apparatus 80 con structed that the fire in it will be immediately ex- tinguished whenever the cars are throwa irom che track and overturned. The same law provides that cars shall be lighted by candies only. 6 THE DOWLING-M’CLELLAN IMBROGLIO, Affidavits and Counter Affidavits—A Pretty Fight as It Is. SUPREME COUAT—SPECIAL TERM. Before Judge Uardozo. « James D. McClellan vs. Joseph Dowling.—This case, the facts connected with which have already been placed betore the public through the columns of the HERALD, came up before Judge Cardozo yes terday morning in the shape of an application for a permanent mandamus to allow James D, McClellan to resume bis practice a8 4n attorney and counsellor at law in Judge Dowling’s court. Judge Dowling was not present in court during any portion of the proceedings, The motion was made by Mr. Stoledo on behalf of the relator, Counsel said 1t was not his purpose to enter into a discussion of Judge Dowling’s record, but his only desire was to setile the question on its merits and according to law. It was proper for him to explain, however, how this motion had been brought before his Honor. 1t was dene ut his (Mr. Stoledo’s) request. He did so because he had the highest con- fidence in his Honor’s integrity, and he had no doubt in his mind that bis houer would decide this casefearlessly and upon its merits, and would not be induenced in auy Way by any political ring or by any clique. Counsel concluded by reading the am- davit of James 1). MeUledan, which set forth his grievances in deta!l, and showed how Judge Dowling had refused to hear him plead in @ case in which be had been retaiued, Counsel for Judge Dowling, in replying, said that the grossly defamatory attack that had just been made on the motives of Justice Dowliug in the afl- davit read reudered it necessary that he (Justice Dowling) shou.d repel that assauit—not in the same spirit with which it bad been made, bat with an ex- h.bitlou of facls Which, under ouuer circumstances, Would be entirely unnecessary. Judge Dowling waa not only charged with dong What be had uo right to do, but Wil dome it (ruin & personal, vindictive, malicious mc As the prouovent fad chosen to sow the wind ue had no reason to complain if he reaped (ue Wurlwiud. He tuen pro ito read the following allidavit of Judge Dowlin, AFFIDAVIT O08 JUDGE DOWLING Joseph Dowlng, being duly sworn, deposeth that he has been a Justice of Wie Court of special Sessions of the Peace in and for tue city and county of New York for upwards of seven years iast past aad tuat since the passage of the law of 1865 he has acted as one oj tle LWo Pollve Justices designated exciu- sively to preside in and Lola hat court; that for very many years i Nas been a common practice for lawyers ol Little or uo character vo iouage round the City Vrison and the places of detention atiached to the didereat police courts in the city of York, to tmtroduce themselves or be in- to prisouers as they are brought committed, under the pretence of serving thew us counsel, getting woney frome them iu that way, and if appearing Lor then on their teal being of no benelit to Uiew Whatever, or else mak- ing deiawit aliogetuer, nol appeariug at al) for their Victluns, but leaving (heat unexpectedly to their fate; that this same praciice hus also been extensively pursued by persons who Were nut licensed lawyers, and that botn classes Of tiese persons ace weil Khown througd | he community as **}o1ubs shysters.”? “Tombs lawyers” (the City Prison being generally called the Tombs), ‘“Vombs har; “fembs sharks,” and the like; tuat their mode of operating bas been to forin a Kind ol partnersuip wilh under keepers, by which, 1u cousideratioa of their Irieudiy ofices ID securing them vicums, they agree vw aud do divide, in larger or smaler proportions, their plunder with them; that this depooeut has had occasion in wany instauces since he hat been a magistrate to ferret oul aud act upon the miscouduct of such assumed lawyers, entertaining complaints against them and compelling taem to recurn their “ul-gotten gains;” that he hes uni- rinly, from the very commencement of his judi- Nal career, set bumsell agalust these persons and their practices, and thwarted them in every way he could, believing that to be uts public duty; tat when such persous appear in court thew appearance is such as to reflect upon the admuustradon of justice by their uiter Incapacity and want of qualifications generally, and thai when they do not appear their pracuices Outside necessarily bring discredit apon the court in wiich they assume to nave the right to practice; that im miany insiagces they kave pretended to be on terms with the judges, and to be under the necessity of giving them a portion of the plunder tiey manage to secure, ‘That since the jurisdiction of the Court of Special Sessions has been extended to embrace every specics of misdemeanor the number of cases fallmg Within the province of the court has been almost beyoud conception, and that in the year 1868 alone 5,219 cases were acted upon by that court, with cer:ainiy no dimination tor the current sear. That thus state of things necessarily brings together on the days on which the court sits al who bave or claim the right to practice a8 counsel in the court, and that among them are those whu are periectly re- puiable and Kouorable lawyers, a consideration for whom requires that they shouid in no way be con- founded with tueir unworthy breturea, That from the frequent cases of tuposition by lawyers or so-cailed lawyers coming to the knowledge of the court, and of this depo- Dent as one of its judges, where prsoncrs have been vicuuized by unworthy men, neither the court: nor this depovent as one of its judges fails to em- brace every Opportanity of branding and exposing the perpetrators of such outrages. ‘hat this action in no Way ievels self at particular iudividuals as such, butis meant to reach the entire class, and that, so far as tae course of this deponent is con- cerned, it has been free from maliee and unprompied by private feeling of any description. That this de- ponent has aimed at the success ofa system of re- form in these respects, entirely irrespective of of whether the particular persons affected were friendly or hostile to bim. That so far as the affidavit of James D. McClellan (sworn to June 26) assails or impeaches the motives of this deponent in any way, in refer- ence wo the occurrences therein described, it is grossly and slanderously false, and that so far as the action Oi this dgpoueat has i any way reached or arfected him his conduct has been actuated by the considerations herein above stated aud no others, under the honest belief aud couviction of this aepo- neut from what he has seen and heard of tum. That his career in the said Court of Special Sessions and in the procurance of business therem has not been that of a correct and reputable lawyer. That since the izth day ot June, 1869, MeCiellan has made no attempt to be heard as counsel in tue Court of Special Sesslous, and has had wo busivess with or peiore the court rendering it necessary that he should appear. ‘That according to deponent’s best recollection ne did not refer to any acuon or sult commenced agalust him by McClellan; that on the day Curistiva Hocn was cailed for trial she pleaded ‘not guilty” to the charge agaist her (petit iarceny), and that this deponent, ovserving her apparentiy 1m Uears, usked the reason; tat she produced a card, Which was handed up to this depo- nent, having the bame of the said McCle upon it, and stated that she had paid ium ten jars to deiend her, and had nov seeu hum since she paid him the mon he then assigned her sel, and aithough she was convicted he imposed a lighter seutence than he otherwise would have done, owing to the circumstances; that so far as deponent knows, is informed and belteves, the general professtonal characier of the Said McCellan is not good, AVFIDAVIE OF CLERK OF SPECIAL SESSIONS. Counsei next read the affidavit of Mr. Johnson, clerk of the Special Sessions, setting torth that no order had been piaced ou tue minutes of the court exciuding Mr. MeCileiian practis.ag, nor had Judge Dowiing given auy order in tion to the uvatter, OfHER AFFIDAVITS. Counsel also read two other aiidavits made by the Wardens of the City Prison and tue Peniteatiary in relation to Mr, McCielian’s connection with a cuse in which one Christina Hocu (a German who did not understand hogiush) was accused of larceny in the Special Sessions, and {rom whow (as the aifidavits slated) he excorted a fee of ten doliars, but filled to appear in her defence when her trial came on. Couusel for respondent having announceg that all his testimony Was 10, Mr. Meviellan, rising, satd that he appeared there ron fis own behalf, aad he desire: vr ol justice to pimseif and in order tha: zhi refute the slanders—the utterly faise state- Me iw—that had been submitted by the counsel ia the reading of the adidavits, that he might be al- lowed Lue to prepare counter aitidavits, when bs would prove by respectable witnesses that every woru utcered in the respondent’s alidavits were as deliberately {aise and untrue as ever dropped from He siood there with his reputa- in lus haod, and, notwithstanding ver of Lhe meinbers of the bar aad proifer IF assisiauce, le had come ine that court room and presented 11 Mis affidavit everything he could Say, 80 thal tie general public might be informed who was to blame in tis matter. Judge Cardozo—How much time do you ask fort Mr. Mevlellan—it you will give me until to-morrow I wiil have my affidavits ready. If counsel ou the other side wil give me coptes of his aitidavits I shall undoubtedly be ready to-morrow, Counsel for deieodant—I will file them with the clerk, 80 that you can copy them if you choose, Finally the Court atiowed the case to stand over until ten o'clock to-morrow mornin THE TRAGEDY IN Leg, N. H.—The funeral of Mr. Crawiord, Who was shot by his son at Lee, N. H,, last ‘Tuesday, took place on Saturday at the old homestead farm im Nottingham, and was attended by a large concourse of people from that and the adjacent towns, where the deceased was well known, A very ay sermon was preached on the occasion by Kev. A. U. G. Comings, ot Lee. The appearance of the amicted family 0! the deceased excited much sympathy. His widow and children are overwhelmed with grief, especially the son who shot his father, His sorrow is acute, and he nas the bi ge ot the entire community, who fully justify him in the deed, as committed solely th seif-defence. Mr. Crawford (writes a cor- respondent at Lee) was a man of generous impulses and had many good qualities, but was subject of late to uncontrollable tts of passion, and many of his friends have be.ieved that be was partially in- sane, ihe ailair lms oceasioned great excitement, as the family Was of the first respectability.—Jostom Journal, JUiy 13. tue ups of wan, tion