The New York Herald Newspaper, January 27, 1870, Page 5

THE COURTS. Te Hester Street Distillery Case—De- (franding the Post OMfico—4-11-44—Fight for the Spoils—Jndicial Friendship— The Clarke-Bininger Muddle—The Court of Bankruptcy and Superior Court at Loggerheads — Trial of Edwin Perry for Murder. UNITED STATES COMMISSIONERS’ COURT, The Hester Street Distillery Case. Before Commissioner Shields. The United States v8. George and Joseph Hofman ana Philip Leidersdorf’ @ Brothers.— The defendants were charged with remov- ing large quantities of disulled spirits from the distillery Nos, 102 and 104 Hester street, during the years 1868 and 1869, to a place other than & bonded warehouse, without having paid the revenue tax thereon. ‘The examination, which was closed yesterday, occupied the court several days, and full particulars of the charge and the defence thereto, from the testimony given on either side, have already appeared in the HERALD. Several witnesses were examined before the case was closed, whose testimony was merely corrobora- tive of that sworu to by previous witnesses on former days of the eXamination, ‘the tesiimony bemg all in, wir, Jo-epu Beil, for the defence, moved that the Cage aguiust bis clents be disuissea, He contended that the defence had controverted every material Jact sworn to by the witnesses for the prosecution, ‘nd that theretore it was like arguing to establish the truth of an axiom to ative pt to 1urther show by the evidence that these defendants were guiltless of the offence charged aguimst them in the “arrant. In the first place it Was necessary for the government to show that an offence haa been committed in the manner charged; aud to do this it was further neces- wary for the government to prove that spirits were removed from wis distillery to the co opounding house next door in an illegal manner, Counsel con- tended that this not been done; that the evidence of the only witness swearing to this point had been overborne by tne evidence of half @ dozen witnesses, who had sworn diametri- Cally opposite to that of the wituess—the only one on whom the goverament could rely tor having the case sent to the Grand Jury. Mr. Hell then pro- ceeded to review the evidence, bringing out with great precision and clearness the principal points relied upon by bim for a dismissal of the case. and that on which the goveroment based their hopes for & committal, Assistant District Attorney Purdy followed on be- haif of the prosecution, and at great length also reviewed the evidence that had been taken in the case. He contended that tne chief witness’ (Kearns?) vesumony bad not been contradicted nor suaken in the slightest degree, aud upon that testimony the Rovernment rested, Cominissioner Stelds, after a few remarks upon the evidence of Reema (who died three gays after giving lus iestineny), suld that npon that testimony he wouia bold Pbiup, David and Adolpt Leidersdortt for the action of the Grand Juiy, aud dismiss the case as against the brothers George and Josepa Hoffman, A Post Office Order Before Commissioner Betts, The United States vs, M. S, Mason.—The dcfena- Qnt is charged with defrauding the Post Office De- parument under the following circumstances:—The defendant, as alleged, received a Post Office order for fifteen doilars from some frends in Ohio, which he duly presented at the Post Oflce and was paid the amount, He subsequently miormed his fiends that he had not received tue order in question, upon which inquiries were set on foot tor we recovery of the letter, but which eventually led to the arrest of the defendant, he having made ailidavit to the etiect that he had not been paid the order. After hearing testimony ti the case the Commissioner committed the cefeudant to await the action of tie Grand Jury. SUPROME COUAT—CHAMBERS. The Lottery Casea—The Morality of Game bling—Motion to Vacnte the Order Appoint- ing Jolin Morrissey Receiver. Zachariah &, Simmons vs. Benjamin Wood et al., and Henry Colton and Samuel 7. Dickinson vs, Zachariah E. Summons, C. H. Murray, W. L. Siin- mons and John Anderson.—The lotiery muddio came up yesterday, upon @ motion to vacate the order made on the 16th of December, 1869, appomt- tng John Morrissey receiver over certain lottery property, gianis and francaises, the particulars of which have already been aliuded to, The order was made in the case of Z. E. Simmons ve. H. Colton, Wood and others, Mr. Shea, counsel for the motion, claimed that Wood Was the owner Of thirty-seven aud @ balf shares of the lotteries mentioned in the complaint, which Were gituated beyond this State and in States where they were perfectiy lawful, and therefore not with- out legai protection. itappeared that there was a buit by Joon Morrissey upon @ bill lodged by him against the parties concerned praying that the roperty might oe placed in tne hands of a receiver, in order that it might be disposed of and the whole matter might be wound up. In that suit of Morris- sey against Simmons Wood was appointed receiver on the 6th of December, 186¥. Subsequent to that time Simmons flied his bill,” which was enurely dif- ferent from that tiled by Morrissey. Counsel went on to state that he procured out of court without notice the appointment of another receiver, not only for ihe preservauion of the property, but by the order he was empowered to dispose in lus discretion, either by public saie or by private con- tract, of all that property over which the court had already appointed a receiver. As he (counsel) under- plood the manner by which such @ resuit was brought about was this:—On the Ist of Octover, 1868, Messrs. Simmons and Wood, two ot tie deiendantsfin the previous case, agreed, as bevween themselves, that Simmons should sell ous whatever imterest he had acquirca in Lhe busiess. Jt was not pretended that that private arrangement between the parties was regarded a8 @ settlement of the suis and brought tre controversy to an end. Couusel contended that such an agreement did not by apy mncans terminate the litigation commencea by Morrissey, Inasmuch ag the whole of the subsequent case against Wood Was based upon that transaction. Mr. Jolin Anderson, he was informed, owned some- thing in the neighborhood of $59,000 of the lottery shares, and therefore was a purty to the original suit, although he was left out in the bill flied by Mr. Simmons. The point to wuich he wished to refer Was the extraordinary celerity with which the order appointing the second receiver was granted, and it appeared that such were 8 relations exisupg be- tween Air, Anderson and Judge Barnara that made it pot proper that any order should be issued by him in this case. Woou’s affidavit suowed that he was possessed of thirty-seven and a haif shares, aud taere Was no dispute that those were lawiut in the States where they were granted; that he was appoiaied re- ceiver over tbe property, but that on the 16th of De- cember, without any notice, Judge Barnard appointed Morrissey receiver, the plaintiff im the former aciion; thay Mr. Anderson was related to Judge Barnara. Up these facts he now moved that the offer made by Judge Barnard be vacated, and that the receiver Pesreey aaa be ae ir. Henne oh, contending that ib had vant ae ua & is of fact that would entirely defeat t\ The aMdaviis of 7. E. Simmons, Jonn Morrisey, W. L, Simmons, Jacob Bausch, W. Francia and others showed that in September, 1868, ® sult was instituted by Morrissey against Z. E. Simmons end others, which suit grew out of a difl- culty which originated petween Morrissey ai Simmons relative to the payment of a certain contract by which the latter agreed to pay the former certain shares, ‘That suit never came to a decision, a compromise having been entered into between the arties, and the litigation was brought to an end. it had been said that Alr, Anderson, betng the father- lu-law of the Jude, the order by the latter was void. He (counsel) did not understand such to be the law, and the suit of Morrissey had nothing what- ever to do witb the case. In 1863 thore were Various perseos who had ijowery graats and franchises granted in d.iferent States of tue Union. Those par- ties, each acting ior nimself, came into collision, ayd thinking it would be better to consolidate their business und act harmoniously togetuer agreed to transfer each bis property to three persons in trust. The trustees were alurray, Simious and Davis, and each agreed that the business should be car- Tied on by the trustees for ten years. The agree- ment further provided that although the business was vested in the hands of the trustees for ten ears, yet at any me say person or persons hoid- jug seventy-five per centuim Of tne divisible interest might revoke the trust iM question and win» up the business, Moreover, it also provided that any per- son holding an interest in any other lottery should convey it to the trust, and in case of @ reiusal to do #0 to forfeit his interest in the concera. In the case of Colton and Dickinson there were affidavits to show that they never acquired any divisibie toterest under the deed of trust. There was aiso clear and con- clusive proof that the plaintiff had no title under the deed of trust. Afier some further argument counsel insisted that the suit which nad been fusti- vated by Morrissey had been settled and compro- mised, and now more than a year had gone by with- out apy action having been taken; that when the vase came before this court the fact of that compro- mise nad been concealed, The Court had not been informed that this suit was virtually extinct. Ex-Judge Porter, on behalf of W. L, Simmons and John Anderson, submitted that the relief granted sgainst tuem in a court of equity was unjust. It was conceded tn the complaint that neither of them was concerned in the illegal business in which tne plaintifs alieged themselves to be participants. He ‘Was at a ioas to know trom anything he could learn, eituer in the papers or otnerwise, why the name of fir. Anderson was introduced as a defendant. Counsel on the other side had relieved him in that respect; for found in hia ment an allusion, uogustained by any allegation ja the complaint of the party he represents, that he was in some sense connected with it, and that his name could not be iutroduced m any other form. Judge Cardozo—I have not heard any offensive allegations svade in regard © Judge Barnard. It 2 8; NEW. YORK there was! would most assuredly {8 at once} 9 Gy cap anes, the eve of the new sd Lmay hare state t Judge and myse! mn, One of the local papers yeaterday friends. I certainly would | the false statement contained in the pul card ve beard & word against ana certain comments about ‘he matter which said he was sure that the counsel | counsel for the prisoner thought were prejudicial to Sitence, for te allusion, wap 1 imrepre. | SS the attention of the Court was ter 6 senting his client. Counsel cited several cases in was cliled wa the artale in question, which Mr. Ber- be called upon to adjust the balance of proat lose, ad Judge Cardozo remarked that when this sult was before him he prcposaeaa @ question to the distinguished counsel, the late Mr. James T. Brady, | outa ot be 6 that in auch a suit as this the court to which he gave his assent, relative to the action of peated in the matter. | Supposing two parties eed tO a State where lotteries were law- ful end that nd position of that pro; 3 an in the interval they became citizens of tas “state and led thelr bill to have the franchise sold, was there | any doubt that the Court should decree a sale of that iranchise—was there any doubt that the Court could entertain the question? Ex-Judge Porter thought that the Court could not compel a sale of the property on the application of one Of the parties for the venefis of the otner, ‘The further hearing of the case was adjourned til) this morping. SUPERIOR COURT—SPECIAL TERM. The Bininger-Clarke Muaddle—Tho Question of Jurisdiction, Before Judge McCunn. Clarke vs. Bininger.—The arguments in this case, in committing the assignee for contempt, came up Yesterday morning. The case having been called, Mr, James F. Morgan, for tne motion, statea that the opposing parties were not in court, Judge McCunn—Then take your warrants; make out your order committing Mr. Beecher to tue Jail of the county. I am informed that Mr. Bininger has goue to his home at Whitestone, and 1 now direct uat an order be issued to him to show cause wh; he should not be committed tor contempt. 1 intend Vhat he shall quit the country before be shail quit the grasp of Luis Court, Counsel for tue receiver said some time was re- quired to make them out, and tne Court thereupon udjourned for au hour, Shoruy alter eleven o'clock Judge McCunn re- sumed fs seat upon the bench, when 1t was inti- Miated that it Was by mistaking the sme of the hear- ing that caused tne non-appearance of counsel for the assignee, and as bis counsel was now present bis actual presence was watved, Mr. Morgan said uney were here in obedience to an order granted by the Court to show cause way Mr. Beecher should not be punished for contempt; that be bad made an order restraining the assignees in bankruptcy (rom interfering with the receiver in possession. On the 22d of January, in utter disre- gard of that order, Mr. Beecher had atcempted to take possession of the premises from the represen ta- tive of Mr. Hanrahan. ‘ihey therefore askeu to have um Geclared tu contempt, Alr. Bangs said he objected to the papers on which the motion was made, on the ground that the order Wus not capped us being frou any court, and was merely signed by tue clerk of the court; that ar- mour and Beecher Were not parties Lo ts action; as Lhe proceediigs Were against an officer of the United States Cours no action could be brougnt ‘against him, nor could he ve restrained by junc: tion. Also, that the affidavits were not sufficient, they merely stating that # person representing bim- self to be Jonn 5. Beecher went aud asked the re- | of Columbia. ceiver to give bim possession. dudge McCunn overruled ail these objections. Couusel for receiver said Uiey now averred tnat It was beecher who made the deinund for possession, and showed @ clause to that eect in the alidavit of the deputy receiver. jug tune on irivoious vbjecyons; that it Was vest to come to the point at once, Admitting tue iregu- larity of the order, if Mr. Beecner denies at was ue Who demanded the possession of Biniager’s estab- lishinent, the maiter was ended, Mr. Novth then read tue aiiiaavit of Joun S. Beech- er to the eilect wat upon Clarke & Bininger being admivied bankrupts, ab @ meet he was appointed assignee aud accepted and entered upon hits dues. ‘un tie 224 January. accompanied by his counsel, he went to the store in Liverty sireet, asked jor Mr. Honrauan, Sound that he was out; informed depaty receiver Miat ue Was assignee 4nd asked jor admittance, but was refused; oe then Went to see Mr. Hapranan; asked him Ww deliver up the properiy, offermg tw secure to alin bis fees 48 receiver; Was told by iim that he would consiger the waiter; asked if by tual ue meant a refusal; Mr, Haurauan said “No; then asked for an uncon aisouw surrender, and was inet by a decided re- lusal; le Went tv see Mr. Barr, the oiier receiver, and had an interview with Wm, with the same re- sult. He merely asked ior a peaceable recugaition of bis rights, and deules having auempled to Ake posséséion. ~ Counsel ten moved afidavit. Mr. Bangs said there were consiguments in A. pore ace store belonging wo outside parties, aud if one of them shouid go to the receiver and ask leave to remove them W prevent them being wasted by liigauon, Would that be contempt? and yet that Was all Mr. Beecher had dove, He (Beecher) asked to be aliowed to settie ihe wilairs im bankruptcy, so tuat the creditors would have the oeneic of wuat- ever was to be gol, and not have them dissipated by hugation. He did not want these disputes settled by hand-to-hand confiicts between Uuited States maarsaals and deputy sheriffs: he wauted it scitied by law, and he thought it would not be advisable Jor ‘the Court to decide In the case on such an tinvortauc quesvion without fu.ly considering tne vase 10 all its bearings, or to punish a persoa wno acis under the commission of the United states courts, aud who Merely did what he thoagac was rigat, Counsel for the receiver said Beecher demanded unconditional surrender of the property, and tn thus doing bad placed niumseli ip the position of deflaace vo tus Court. ‘That he did noc come and say te erred und cry peccavi. The position he tock coud not be sustained by any court or by any judge. The defendant collusively Went imto imvoiuntary bank- rupicy, The question was whether property in the custody of ihe Stale could be taken by the United States court, He said 1% could not be taken by a district court, and he haa been told so by three judges of United Staies couris. Ir the Court thought himself not qualified to decide, having made ihe previous order, he would argue it before Judge Blatcuiord, and feei confident of success. Beecher admitted the attempt to take possession; he de- murred to their explanation. Judge McCunn said be would take the papers. ‘The question was now fully before the Court aud had re- solved itself into a quesiuon of jurisdiction between the two courts, He ordered uli tue parties concerned ty oe m court this morning. COUAT CALENOARS—THIS DAY. Surkeme CourtT—Cuambers.—Held Cardozo.—Cail g caleudar at twelve M.—Nos, 99, 126, 154, 220, 251, 282, 240, 244, ScpeRion Court—I'RiAL ‘feRM.—Part 1.—Held vy Judge McCuna. Case on. Part 2.—Held by Judge Freedman,—Nos. 1744, 1814, 1870, 1593, 1900, 1908, 1vlz, 1914, 1916, 1918, 1920, 1924, 1926, 1928, 1930, Maxine CouRT—TkiaL TERM.—Part 1.—Held by Judge Gross.—Cail of calendar at ten A, M.—Nos. 4720, 4821, 48: 122, 128, 133, 169, 212, 182, 273, 269, 267, 283, 437, 291, . Part 2—Heid by Judge Curtis.—Nos. 32, 78, 146, 160, 181, 134, 205, 208, 270, 272, 274, 275, 279, 282, 2041, URT OF GeXEKAL SESSIONS.—Held by Judge Bealord,—Call of caiendar at twelve M.—ihe People vs. James Russell, roobery; Same vs. Sauiders v. Bruce, Itvel; Suime vs. isadc Simon und George M. dSamucis, graud larceny, - Seva wee = GROOKLIN ColkiS. for @ commitment on that by Judge UNITED STATcS DISTRICT CUURI—EASTERN DISTRICT, A Collision Case. Before Judge Benedict, In the cases of Thomas D. Endicott ve ‘The Ship Shakspeare, and J. M. Leonard vs The Same, the Marshall returned process, and Mr. De Costa, proctor counsel for clainants, appeared and filed answers. ‘The trial of the cases was set down for Fébruary 3 next. This 18 an action tg recover for damages sustained by @ collision between the Shakspeare @ud scuvoner Adelaide, Salvage Claim. In the case of Richard Grown etal. against the schooner Saxon and cargo, which isan action to recover salvage, counsel for the Narragansett Ip- surance Company, who are the claimants of whe cargo of the vessel, appeared and were aliowed a week to file # claiin and answer as to the cargo. Interesting to Steamboat Owners. United States vs. Steamer Meta.—This action is brought to recover a penalty of $500 which the owners of the vessel are liable to by reason of peglecting to have fire oy 1 & conspicuot lace aboard the veasel a certified copy of the certilicate of approval of the luspectors of Hulls and Boilers. Op motion of the District Attorney the process was laid over until next Wednesaay. COURT OF OYER AND TEAMINR, The Furman Street Tragedy—Second Trin} of Edwin Perry, the Alleged Murderer— Dificalty in Obtaining a Jury—Newspaper Criticism, &c. Before Judge Pratt and Justices Voorhees and Johnson. Edwin Perry, the ‘‘speculator,” and alleged mur- derer of Thomas Hayes, a night watchman at Har- beck’s stores, Furman street, Brooklyn, was arraigned for & second yesterday morning. Perry was Piaced upon bis first trial about a fortnigit since, when three days were consumed in the trial of the cage aud the jury, tailing to agree upon a@ verdict, were discharged by the Court. The jury stood ten for conviction tor murder in the Srst degree and two for acquittal. A day or two since there prea te in several papers a card purporne to have been signed by one of the jury in which it was set fortn that ten of their number were in favor of convicting Perry of mansiaughter in the third degree, while the re1 two desired to acquit him, it subsequently transpired that this was false and that the juryman who signed the paper, if, indeed, he signed this identical one, was not aware of or misunderstood statements made therein. while he was in business ra, and he signed it without much attention to it, with the agreement that his mame was not to ve published. All Uils was done they became possessed of lotteries and | Lhere was no good 1m wast- | 2 Sonsiceration of tuetr invermary | hr of counsel for defence, characterized 4s a scan- alous oul ¢ He noped that the Court would take some action 1n the matter. | Judge Pratt remarked that if the newspapers were to wy such cases before the courts did, why the | courts might as well be aboitshed. In reference to | the publications he sald that there was always & legal remedy for matters of that nature. alr. en aid there had been a systematic attempt on the part of that newspaper to prejudice the case % Perry from the first, out whether | they had been paid ior it or not he dit not know. | District Attorney Morris quietly remarked that he | Was on the track of the two men wio had got that letter publigh and when Uiis case Was concluded he proposed to take some ucuon in the matier and | see whether they could not be punished, Here the suoject was dropped, DIFFIOULTY IN OBTAINING A JURY. An extra pauel of 250 jurors had been summoned for this case, and shoruy before eleven o'clock tne examination of jurors, as to their Gompetence to serve, Was commenced, fhe second man called, Wilham H. Upson, was accepted; but after him great dimculty was experienced m securing those competent to serve. Almost every man lad either formed au opinion in the case or Was ovherwise Un- Atted. Finuily the entire pane! was exhausted, and only eight jurors bad been secured, William H. Upson, Edwin 1. Bedell, Onaries Huntindgon, James M. Ford, Thomas S. Robinson, Peter Backman, Edward Darley and tlenry tarteau. The Court ordered @ new papel to be summoned, feria the court until this morning at ten NEWSPAPER CRITICISM BY THE COURT. Before adjourning tne court Judge Pratt can- tioned the jury, a3 usual, not to read or converse about the case, and added that it might be proper to state that one reason why he had particularly called their attention to the subject Was that one of the local papers had pupiished a bighly improper article, which might have had @ great deal of in- fluence in preventing tue empaneiment of a jury, and in that mauner entatling great additional ex- pense upon the county, while it was also highly rejudicial in the administration of justice. bile hewspapera had a right to publisu the Proceedings of courts, they had po right to publish accounts for the purpose of prejudicing tne public mind either one way or tue ovher, and jucors who were ‘Sworn to render @ true verdict in accordance with the evidence sould not be permitved w read such accounts as those which were published in disregard Of the rights of public justice, Judge Pratt has ordered that the gallery of the court room must be kept cleared during tis trial, as ts occupants on the former trial were 80 disor derly that the procecaings of the court were fre- quently interrupted. In accordance with this order no one was allowed to enter the gallery yesterday, and the disappointed ones loafed abuut the eu- Lrances to the Court House and the corr.dors grum- bilug at the cours and repenting of their conuuct on the forimer tial, UNITED SiaTES SUPREM COURT. WASHINGTON, Jan. 26, 1870, No. 33. Jolin E. Neale vs. Benjamin J. Newle and Wife—Appeal from the Supreme Court of the District —This was an action commenced by a son and lus wife against the father and father-ta-law to compei the specific perforinance of an alle; contract for the couveyance of a loi of ground in Lue city Of Washingtoo, the piaintiit claiming that it was ee. ‘he bill alleged that Neale, Sepior, encouraged bac marriage, and for the promotion thereof promised ana agreed that if the same should ve con- summated, he would, in consideiation there- of, “give and convey” tue property ciatmed to ue son ang lis Wiie, or One oi tucm, in fee simple, “to the end that tie Money Uelonging or expected wo belong” to the bride “might be expended in erecting a dwelling iouge thereon for thelr habitation and home.” The answer denied the allegations of the complaint, and aileged twat the father, beg aware of tue inteurperate Habits of his so, and wishing to secure Lo the daugiiter-in-law and her emidren cer- lain moneys in the hands of her guardian, and satis- fied Laat if such meneys came into the possession of the 604 and Were invested 2 his business iu which he subsequently failed). they would Niced Li Jeopardy, agreed that a house inight ve erected on tne premises, provided wis son would abandon bts marital right to them, to which the son assented, and entered into the 8 sion of the premises, but subsequently viviaved his agreement by reducing the moneys to possession and investing them in bis business. Phe trial re- suited In favor Of Lue plaints below, and the de- Jendant there brings the case here, contending that tue pleadings and evidence did not warrant the de- cree, ‘The theory of the appeilant is that, adaittin, she exisience Of @ contract in the case, still 1ts fic performance cannot be decreed, because tue terms of the promise arg not clearly estabiished. W. D. Davide ana P. Phillips tor appellants; Kea- nedy and Webb for appellees, NO. 282. Semple Kilelt, Administrator, vs. James S Wikins—Error to the Circuit Court for ine Western District of Ternessee.—The question pre- sented 10 whis case is Whether voluntary payment to @ foreign administrator eflectually discaarges the home debtor. One Quaries was doiniclied and died 12 Alabama. Goodiaw was tere appointed adimtnis- trator, and as such went to Mempjns, Teun., and de muaaded of Wilkins, as surviving partner of Mis tri, deposits which Quaries, in nis [ietime, iad made with them as bankers. Tue money was paid over accordingiy. Subsequently Eliett, who was next of kin, @ resident of tne state of Virgimia came to Memphis and there qualified as adinimistrator and brought this action to recover of Wilains tae gmount of the deposits delivered to Goodiaw. The court below, under the statute of Tennessee, intended to retala the jadiclal supervision of the State over the estates of deceased persons therein, gave judgment for the local administrator. The case 1s brougiit here by Wiikins, who coniends that the law of Inugland and America, as expounded by the Court, 18 (iat aii denta follow tue person, not of the debtor in respect to the right of property, but of the creditur to whom It Is due, aud that conse- quentiy every debi, whether due by note, bill, bond or upon account, 1s due at the creditor's domicile, Ellett, 1: 18 submitted, is not a credtior, but simply next ol kin, whose distributive share must be dever- mined by the laws of Alabama, and any assets col- lected under an auxiliary administration in Teu- nessee should ve sent to Alabama for final distribu. | Uon, Submitted on printed points, Humes & Poston for platnutt; D. K. Mekae for defendant. Joho L. Showber, Samuel J. Beck and Edward 8. Phelps, of Montana, were adimitied to the bar. BROOKLYN CITY. Seizure of Tobacco and Whiskey—Convict Pardoned—Robberies—The Alleged Attempt at Wife Murder— Using a Slungsho(—Fa- tally Scalded. The residence of Luke C, Ryder, No. 108 Lawrence street, was burgiariously entered last night and robbed of $100 worth of clotting. One bundred and fifty doliars worth of clothing was stolen Jrom the residence of James Conraa, No. 23 Jefferson street, on Suesday aigne. Deputy Voilector Giberson yesterday seized twelve casks of Bourbon whiskey, improperly stamped, at No, 986 Myrtle avenue. The name of the owner is not yes knowa, John Kramer, who assaulted William J. Littie with aslung shot on the night of the 3d inst., was heid to await the action of the Grand Jury by Jus- tee Delmar yesterday on a charge of ielonious ‘BsHaUll be 2 A laborer named Jolin Stratton, residing at 140 Batier street, iad three fingers severed trom his right hand yesterday while working with a hay cut- tung machine. sie was takeu to the Long isiaud Coilege Hospital, Margaret Quigby, seventy years of age, has been missing from her residence, No. 26 Amity street, South Brookiyn, since the 3ist of December. Although dilligent search has been made for her by her friends no clue to her wheceavouts has been ob- tained. Coroner Whitehill held an inquest yesterday touch- ing the death of John Lowery, a chtid, who was accidentally scalded to death at the residence of his parents, No. 677 Columbia street, by tue upsetting of @ kettie of volling water. A verdict la accordaace ‘Was rendered, John Higgins, who was sentenced to the Peniteu- tiary last summer for one year for assaulung a oung man named Hamilton, in Williamsburg, has Jase pardoned by Governor Hoffman, ac the solicitation of Rev. Father McDonald, pastor of tne Koman Catholic Church of the Iimmacaiate Concep- tion. About 8,000 cigars and 1,000 pounts of tobacco ‘Were seized yesterday at the establishment of Moses Morris, No. 46 East Warren street, on the charge that the owner bas falied to pay the special tax as a dealer, Morris has been arrested and uduwitted to bail by Commissioner Jones, as reporied in the HsRALD yesterday. Francis P. Mills, an engineer, who was arrested on the 16th inst. ou a Charge of attempting to murder his wife, was taken before Justice Delmar yesterday for examination, his wife naving recovered su{- ficiently to leave the house. She was called to the stand but refused to testify against her husband. She was informed by the Justice that unless she gave her evidence he would commit her for contempt of court. This, however, made no impression on her, and she remained silent. The Justice thereapon committed her and heid her husband to await the acuon of the Grand Jury. JD DE SAGO BEEP AE RL LAA EAE LAE EDIE A DID AEA A A A TRL EO LEE REESE IDES NSE PEE SEEDED LE RAS. DRE NE EE BRE BEE. EEE ETL BAG ABODE ORE SI EIA tt IE IE ERI EE IBS RESEDA EE ER SR — 4 THE WILKES LIBEL SUIT. Great Efforts Made to Postpone the Trial— Judge Bedford Speaks His Mind Upon Newspaper Libels—The Court Room Filled with Sporting Men—Re- corder Hackett and Justice Dowl.ng on the Stand. At the opening of the Court of General Seasioas yes- terday District Attorney Garvin said he was ready for the trial of Saunders D, Brace, charged with livelling George Wilkes. As the parties to the suit are con- neoted with sporting journals tho court room was thronged with sportmg gentiemen and other dis- Mnguished members of the “bar,” the “ Senate,” and the “church” of the Bad Dickey. Counsel for the defendant moved for a postpone- ment of the trial upon an aMdavit whicn set forth that John Morrissey and Moses E. Flanuigan were necessary and material witnesses whose attendance could not be procured till the next term, and also that the defendant could not safely proceed to trial without certain documentary evidence from other States. The City Judge remarked that the aMfidavit was defective because it did not state what the witnesses intended to prove. Counsel replied by saying that he understood the rule to be that upon the first application for a post- ponement it was only necessary to state that the accused had material witnesses. District Attorney Garvin said that on the 17h of January, 1870, the prisoner was arraigned chargea With libel, aud he had procured # copy of the indict- ment since that period. At tue time of the arraigu- ment to-day was the day fixed forthe trial. Aiter having published @ grugs libel against a citizen who resides in the city of New York he comes into court and asks to have the case postponed because he desires to obtain documentary evidence in various States of this Union, and also on account of the absence of two material and necessary witnesses, whose attend- HERALD, THURSDAY, JANUARY 27, 187U.—TRIPLE SHERT, plainans im behalf press paper read i ete ‘the ie wae ave mny opinion op it W! Y Tea I should not by Hy being bose of getting @ warrant), a8 I t be cal to investigate the matter; he made application for a Frat in behalf of auother party, wuose name I do not remember, but It was not H that I did not chink there was so much ground for & Warrant iu respect to him agin regard to @ para- graph which | polated out and which Mr. Foster sald referred 10 Mr, Wiikes; [ told hia be had better go Vo suite attorney and have aiiidavits drawn up and Present thew and | would see if tuere was suficieot % grant a warrant; the ailidavits were presented the nex day, accompanied by ihe article, and a warrant Was Issued; the gentleman (Mr. Bruce) was notified hd gave bail; my impression 13 Laat te article re- Terred to George Wilkes, Counsel objected to Unis and other witnesses giving their impressions as to whom tie alleged libellous article relerred. ‘the objection was overruled and an exception taken, Recoruer Joun K, Hackett was the next witness, He said that te had lived in Cailfornia about eight years preceding 1857, since Walch line ne has re- sided tu New York; while in Cali/orna he became very Well acqualated with the late sevaior Broderick and Mt ney i think that Mr. Broderick was killed in Béptem r, 1357; Mr. Wilkes lett California the witness, apd, upon bis reiurn, be (the Recorder) saw nim in New York; Wilkes labored With his pen and by personal influence to make Mr. Broderick Uniwd States Senator while he was in Califormia, and they were ou Lie most intimate terms. ihe Recorder read the whole of the article in ques- tion, aaa said it referred to George WiKes. William J. Haskett, sworn and exauined, tesil- fled that ne knew Wilkes thirty-turee years ago, When he was # voy, and ago knew Ar. Broderick, to who he was introduced by Mr. Wilkes; Broderick and Wilkes were friends; he knew thav from the fact that Wilkes Was then @ good democrat, ana brought Broderick to alm (Haskett) to reconcile some politt- cal aiffereuces in the Ninth ward; alter Mr. Brode- rick returned from California he spoae to the witness about air, Wilkes, siating vellous OF Lot; a bet that he expevied to have trouble in Califoraia, and in settling lis aMuirs would take care of George Wilkes first. Tlis witness also stated tuat he had no doubt but thac the alleged libellous articie reserred to Wilkec. Dr. Henry 1. Quackenboss vestified that he kuew Mr, Wilkes vetween twenty-five aud tuiriy years, and Was aiso very weli acquainted with \ir. Broder- ick, having veen Oey ag eer wails ie tved In New York; the ast ume Mr. Broderick leit New York tor California the witness had @ conversation with nim in the Metropolitan Hotel, when Vamel K. Stickies was by; le perceived that he was iu a melancnoly ance he cannot procure. In regard to John Mor- rissey it was suitictent for him (ihe District Attor- ney) to say that he saw and spoke to him tn front of the Fifth Avenue Hotel last evening, at half-past five o'clock, and there were other persons to court who saw him aiso. The evidence showed that the defendaut bad not made any effort to procure the attendance of those witnesses, and the Court ought to put such @ man to trial, and let him justify the libel which he had seen fit to pubiish broadcast Uprough this community in a public newspaper. The poison of this lbel is transiusea into the minds of ali our citizens, and that poison is sul- fered to work down to the time when be 1s to jusuiy what he has done and said. It ts high time that men who publish newspapers and attack persoual characier im this way were taught this one lesson, thai if they do libel citizens im this Way they must be prepared to @uswer when calied in couris of jt aud make good their cuarge. the object aad design oO: protecting public character in Uus way 1s tuat we may not have figuté ou our streets every day. Libels tend to a breach of the public peace. if @ ian cannot be proweted by aw in courts of jusuice when his character is atacked he Wul take the jaw into iis oWn hand, aad Were Will be bloodshed and wurder. When « citizen comes into court and uesires to have ts character vindl- cated, pene oe puts Meanie Ss positon, 80 that Lue man who slanderg 4nd ibe! iM inky Come he! and prove thie ruth of any of the charges Bet forth in the indictment, and can prove in udaition, ander the constication, tuat it iy done tor good pur- poses and for justifiable ends, he (the District Attorney) Would @bandon the prosccution and let tue prosecutor take the consequences of his own conduct. Wien men do publish Ubels of this de- scription they ought to be ready at aii tines to jus- tity the position Wich they take; for tt was easy to utterly dstroy @ inan’s character without giving any opportunity to defend himself. Wuen a man ie street and shoots down a libellerhe igs brought into court charged with murder; but when a man Came as @ good citizen Into a court of justice and asked tor the vindication of his character he ought to have it without delay, Counsel replied by saying that the messenger who brougut the suopuena to Mr. Morrissey’s Louse was informed that he was out of town; and the counsel went on to state that it would be an act of gross op- pression on the part of the District Attorney to insist upon atrial. Judge Bedford said—The District Attoruey informs Me that on the 17tn of this monti chere was a stipu- lation between himself and the counse: tor tue prisoner that the case should be uried to-day, 1 understand there was no mention made on vehalf Ol the prisoner’s counsel about the issuing of any commission at thas time. The prisouer, on the day he pleaded not guilty, was furnished with a copy of the indictment, Tuis made him tully acquainted with ali the charges on wich he was to be tried. In the vevih of these charges be supulutea to try the cause to-day. The District Attorney 18 ready, but the defence is not ready and desire that @ commission issue. Jt seems to me that the deiendant is clearly guilty of jaches; that he should have moved for commission at the time of pleading, and not having done 89, but, on the contrary, having entered into a stipulation to try Unis case Wo-day, and tue District Attorney being ready, the case must proceed, And It strikes me that the fact of having stipulated to try this case to-day, and now for the first ume to come into court and move for 4% commission at this late hour, that the motion is made lor the purposes of aelay. And | snall here take occasion to remark that when an alleged ilbellous artici¢ 13 published im tue columns of a newspaper the proprietor or pro- prictors thereof —who are 10 Jaw the responsible par- ties—should at the time of publishing be in fali and actual possession of the truil of tue article 60 published, #0 48 lo be able without delay, when called upon, t furnish the facts in order vo justly their action. Aud I, moreover, hold that without the actual possession of such provf the proprietor or proprietors of fae’ newspapers pubiishing alleged Hibelious matter publisu 1 at their peri, and mast abide any cousequences which ihe law may permit to ensue, Leva jury be empanetied in the present case and the District Attorney proceed with his state of mind, wad sald he was going suortly vo Uali- fornia and did nov ever expect Wo see New York cliy again; Le spoke of his respect for Mi. Wilkes; the Wilthess alluded to the death of his motuer, which had takea place whlie he was away; he said be had nO reiauve living, 80 far as he Knew; that he bad completed his will and that he tad made George Wilkes bis residuary legatee. ‘ihe urticie in ques- tion alinded Lo mr. Wilkes, James McGowan was sworn and said that he was a@consiant reader of Wiikes’ paper and kuew bun intimately; that Wilkes wrote sirouje articies in favor or cariying on the war and putting down the rebellion, and that be (the witness) ucver saw any articies in the Spirit reiecting upon Mir. Bruce. Charies J. Foster was recalied and testilied that no asucite appeared in Wilkes’ paper iefecting on Mr. ruce, ‘The District Attorney put the alleged |.betlous arti- cle in evidence and closed bis cas: Ex-Judge C.ark, late of Olio, counse! for the de- fendant, did Lot cross-exawine auy of Lue witnesses for the people. Ip order iat the counsel for the cused might have aap. ) prepare Tus judge Bed+ ford si d adjourn till to-.ay (Tuursdas), at twe o’cioce MovL, Whea ie sung Up Would (ake pace, LATE STRIKE 1V BRIE, Vn iW aud Th TEST FROM THE SEAT OF WAR. L! Rioters u of the md Jury—What Superin- tendent Rucker Says. “Order Reigns in Jerse Committed for Trial—Ac G ‘The most sanguine of the Eric swrikers ts now con vinced that the riot of Tuesday evening was the death-blow to all their expectations of an amicable adjustment ef the troubles. That rot opened a gulf between the men and the railroad company, and, while the latter can carry on their work with little inconvenience, the former, by their hot-headed rashness, are left completely out ia the cold. Those morning papers which all along encouraged the organization in such a foolish undertaking.made an eflurt yesterday to revive the strike by stating that some hope was left of a t rising” along the line, but tae men who hearkenea to euch counsel too long now fad that they were driven to certain defeat. As the HERALD stated, the strike terminaied on Mouday, and the mechanics were vanquished. A few firebranda, who were conspicuous from the commencement of the movement in urging the men to hoid out, were looked for yesteraay by many of the rank and file, but they could not ve found. Not less tuan 2,000 people, inciuding women and children, are affected by the strike, and the laboring Cciass in the Seventh ward of Jersey City Dow learn that when they followed the lead of a few pampered, well-to-do machinists, they trusted to nothing more tian & broken reed. Not one of these hardy sons ot toil can be found who docs not realize the great mistake, while bis Saintly appeal to him for their daily bread. Yesterday morning Pat Scanian and Pat Morgan, the rioters who were arrested on Tuesday afternoon, were prought before Recorder Martindale, who, aiter hearing the evidence against them, held then fo bail in $500 each for wial The bau was promptly tendered, and the papers were witness; for I bold that the proprietor paper when called upon to justity an alle Inust be able to do so without uelay, the p ap tion being that he tas actual posscesiog of whe proof of what has deen published, Mr. William #. Howe, who appenrea before the magistrate in the preliminary exauination, is asso- Glated with the Districs Attoracy in wwe prosecution. ‘The District Attoruey reuewed bis motion Ww have the iriai proceed. At the request of counsel his {lonor granted a postponement of Lue triai ior titeen minutes to enable the counse: to procure otic: counsel, After the reassembling of the court My, Jolin Anthon ap- peared aad renewed tie motion for a postponement of the cas¢, ‘The Uistvict Attorney urged ‘he caxe on, claiming that when a man detiberately Slandered another by & ubelious publication he ought to be prepared at ail Unies aad Under all circamstances to defend himseit alter he had reasonable notce of the charge against him. Besides, My. Harrington, tie assovite coun- sel, was distinctly intormed that the prosecuting oflicer would resist any motion to adjourn the case. Judge Bedford satd that some months age we Ke- corder aud himseif, m order to prevent uavecessary delay in the prosecuuon of cases, euforced a rule, which nad been strictly adnered to, viz, thatevery party arrested (or an alieged crime must have coun- se] and prepare for his trial. in addivon to that rale the District Attorney gave the Court to under- stand that 1b wes thoroughly understuod this case should go On to-day; cousequently the case would have to proceed. further postpoueimeat of an hour was grauted, 80 as to enable the accused to employ other couasei to couduct the d-fence, Alter the recess another counsel tried to secure an adjournment Wil to-morrow moruing, Which was re- sisted by the District Atsoraey and denied by Judge Bedford. Mr. Garvin ihen proceeded to open the case for the Prosecution, aud ia the course of his remarks he said that whenever inaictments were found Jor libel he wouid press such cases for trial at the earliest opportuuity. Taere were thousands of men and women in the country who were siandered and wno diniiked very inuch to come ito a court of justice to seek redress. The linel which they were to try was very subtle, and although Mr. Wilkes’ name was not mentioned, 1t Was evident that the defendant meant to signder hun. ‘T@ District Attorney read the article in question, whic appeared in Turf, Held and Farm, of which Mr. Brace 1s one of the publishers. The jollowing is tae portion waich Mi, Wilkes claims ag libeiious:— ‘The weoond Sarapson is an editor and not a popular orator. He opened bis infant eyes upon this earth, Heaven knows how, when, or where. He grew to manhood, loving Govern Seward much because be refused to pardon a youthful ind cretion, For a whiie he made hia home on the /’actfic Coast, men of that golden Innd the value {aw amd order; winning immortality as the friend and heir of the murdered. Broderick, and. tien tesurning to New York with the spolis of friendship to estabiisy a sportin paper, gaining fresh laurels by driving the geuial Wiliam rter,# ruined man, into a drunkard’s grave. Stace then hi figured at monny © prize fight, has been au honored @ Palace o! James without the Knowledge of the Queen; assisted in carrying oo stupendous war by speculating in aubsututes, The first witness cailed by the District attorney was Charles J. Foster, who testified tiat ne pur- chased a copy of the Tury, Fieia and Farm of the issue of December 31, 1849, at 37 Park row. on the 4th of January, 1870, published by Saunders D. Bruce. The witpess stated be had been associate editor of Mr. Witkes’ papor, The Spurit af We Times, for the last ten yeurs; it was first called Porter's he pA ml Times, and subsequently Wilkes’ Spirit Justice Dowling, sworn and examined, testified— I bave known Air. Wilkes twenty years and per- ry St, guest at ‘The jary wag sworn, aud, on motion of counsel, a | sent to the Grand Jury, who wii invesi gate the whole matter to-day. It is expected that @ batch of imdictmeats wili be fonnd asthe ringleaders of the riot are kuown to the polige, There is some truth in the sigtement thas along the role re Mahy fricids of the oMeers Who opposed them, and who will bey. reluciant to give testimony agaist tiem. Bul tae Grand yyy is composed of men Who Will sift this aivair T) the bottom, gad make lt exceedingly Gisafe {OT any body of uien to try the same experiment tii future. “Jersey jaw is an ‘excelieut cure for such outbreaks. At the meeting of the Common Council on Tuesday Night a resolution was adopted requestiag the Arie Kauway Company to reinstate the meu wow out of work. Many members of the Councti vowed for tt, although they Were convinced oi the absurdity of coming to the aid of men who aid not tu the drs INsfanée consult them on the propriety of striking ab ail under the circu:ns'aaces, it is somewhat slugular that over twenty men were ready to give ball for the rotera in custody, thougu one of the men has the appearance of a desperate character. Last Monday Father Senez, of St. Mary's parisa, waited on Mr. Kucker, the | saperin- tendent, aod pleaded for the reinsiatciment of the men. He replied that this request could mot be acceded to 48 long as the men remained defant, and pvasied that they would make Fisk and Gould “knuckle down.” Mr. Rucker’s name was received with hisses at tne meetings, and aitogetner the mea snowed no disposition to submit, As long as wis | state of things lusved the company wor be want- dng in re#pecc to itself if it yieided one iota. Father | Senez uryed the point that many poor nen were driven into the strike by inalviduais who were rovided with means enough to hold ont for weeks, ‘That 18 just the pomt,” sald Mr. Rucker; ‘‘there are six or elgul wen at the head o1 this conspiracy whose names I would like to find out, We will make no terms whatever with such men. The poor men, I admis, are the sul- ferers, while tney are not a, responetble for the strike. As soon as the organization, so called, Fealize that they must yield, we wil Luen consider What can be done for the poor men.’ Mr. tucker spoke with great emphasis, and sowed no bicter- ness Whatever. If the poorer clags of tae organiza- tion apply to nim and show that they took no part im the tuimule they will be retustaiec in all probabil- ay. “Westortay afternoon the crowd which collected around the Workshop Was comparatlycily smail, and no hosuile demonstration wea aliempied, The police Ttorce was iucreased to forty-six meu, all armed with revolvers, and they marclied witk the New York mechanics from the workshop vo tne terry to protects them from ytolence. ‘The police were under the command of otfiver Dixon, who would be the last man to parley with rowdyism, A jew women dispiayed their venom by heoling and groaning. The crowd followed te police to the jerry, and, although many able-bodied men were unere, they had evidently iearned a lesson from the event of the preceding day. Their eyes were openea to the fact tat the State Prison awaited the man who would aga embark in so desperate an enterprise, The worst 1s past; but the mechanics at Work will receive pro- tection from the police ag long as may be necessary. The proposition of a few strikers that the doors of the worksnop should be natied up was not quite feasible, and the trial Was not made. Ail! the men now at work will be retained and those wao left their employment voluntarily will nave leisure ior Meditation on the fraiities of human nature. Mr. Glyn, who has been recently created a peer of Great Britain, has distributed $25,000 among the employes of the banking Orm of wuich be is a part ner lu Loadon. 5 NEW YORK CITY. The Envelope Game—Fatal Accident on Board the G@uard—Soliciting Mls sionary Aid—Exeise Trials—Solled Doves—A Horse Thief—Jimmy Elliott’s Spree—Local Items from the Police Courts. ‘The following record will show the changes tn the temperature of the weather for the past twenty-four hours in comparison with the corresponding day of last year, as indicated by the thermometer at Hudnut’s pharmacy, HeRaLy building, Broadway, corner of Ann street:— 1870, 1869. 1870, 8A. M 39 . 2h 65 41 62 48 60 61 “a Average temperature yesterday. ee Average vemperature for corresponding date last Year... .seee arse serceessqcesceitt ‘There were but two cases of excise violations on the ducket pefore the Excise Commissioners yester- day, both of which were adjouroed, Commissioner Manierre revorted s1X Dew licenses grauted in New York and vo ia Brooklya. Timothy McCarty, @ man of miadie age, died in the New York Hospital from the effects of injunes ¢ tirue since on the Erie itaiiway, where it is stau was employed. an inquest will be beid on tae body by Coroner Flynn. John Meviovern died suddeniy at No. 258 Monroe street from rupture of @ biood vesse. An inquest ‘Was held on the body by Coroner Schirmer, when br. Cushuain made & post mortem examination, which unuiistakabiy revealed the cause of death. Some “Oid subscribers” state that “tucy are again covering the Belgian pavement of Fifi avenue, at ‘Thirty-seventa street, with that villancus compound which has sv ailicted those living ou tie avenue as Well as citizens who have to pass wiroagh it, la there no rewedy t ‘The remaius of fa etillbora infant were found In- side the imarbie railing of the Second street ceme- tery, wrapped up in some old funnei cioths. The rematis were conveyed to the Sevente: uta precinct slauion bouse when Captain Mouut uo..icd Coroner Souirmer vo noid aa inquest on tae boa’. Mary Simmons and Anna Lewis, boti colored, were urraigued before Justice Suan ut Jefferson Market, yesterday morning by Ont niey, of the Eighta precinct, upon complaint of jauecs Kelso, of No. 595 uth avenue, charges wird sleaang ninety cenis from him on Tue y Ligaut white im their room im Wooster street. (uey dented the charge, but were locked up to aaswer. of & fatal character occ\r ed yester- United States sup Gou.d, attachea expedition, and at presec: iyimg in the harbor, vif Sis’ Island, A seaman, named Jona Brown, Wos sent aloic to perform sowie uuty, After ascending Lie massed lus hold in some Way and, fuil- ing to the deck, was instantly kided. G13 body was brought ou re wud the Corpner Dotted, Levi Witte, employed as stage carpenter at Tony Pastor's Uicatre, Was yesterday morniny found dead in bed at bis lave residence, 201 Bowery. Coroner Sebi was notified, whea Dr. Uu an made & poscmortei examination on tke body, which re- Suiled 1a showing that death was caused vy disease of tue heart. ‘Tue jury rendered a verdiec w that eifect. Leveased was ‘Wuuirty-eight year of age and & native of Lis Clty, Daunat & Brother, of No, 24 Tom, kins street, state that the ib LDS Albany Correspondent was mis- taken in staung in yesterday’s paper uader the heading ‘‘Mcre Marseta,”’ that the lot foot of Broome ey Birecls “18 partly Occupicd as an old rd, Which 18 in a Most ficuy condition."? ‘They say the lot 18 not occupied by av “old”? lumber yard, aud, iioreover, uhat the cartways and walks wre aul planed and the yard ig in mrs’ class condi- ion Federally. Sergeant Kiiiilea, accompaniod by # number om. cers attached to the Secoud District Court squad, yesterday aivcrnoon made a descent upon the pre- mises No, 157 Greene street, kept by William Hall, aud succeeded in bagging the proprietor aud all the inmates, who Were arraigned before Justice Snand- ley, at Jellerson sarket, and held to suswer. The complaint was preferred by @ young girl named Nelue Sith, who was found inthe souse by her mother and removed by an officer. Tic latter was seni LO Lie house Of the Good Suepierd. Marshal Tooker yesterday heard the jollowing cases Of swindilug by means of the ~envelope’’ game, and in cach caused the mouey w be re- fuuded:—Harvey Starr, of Brooklyn, N. Y., against the premises corner of Washington and Cortianat strects; coupiainant lost sixsy-six doliaré. Joun bowiman, of Grooklyn, Inst Thomas Morrissey, oi No. 219 Greenwich street; complainant lost eightzen coilars, Everett Bliss, of Lrookiyn, against tue premises, No. — Chatuam strect; iue compiuin- ant lost fiiteen dollars. The Commissioners of Public Charities and Cor- rection have issued their oMicial report for 1:69. ‘The repors is, as usual, terse and cowprehensive, and 800Ws Without any bombast the complete o} ganization ivuich has been erected by the Commis- sioners, aad shows also the thorough eMiciency Which has resalted from the organization and from the waicufuiness manifested by we Commissioners themselves Of tue minuthe of the buses The gist of tue report and figures given were published lu the Hsia.» several days since, and, Lierefore, need not be repeaved, A meeting of the Board of School Trusiees of th Second ward was held yesterday morning, Mr Wiliiarn Bulkley in the chair, Mrs, Eliza Reynolds, principal of primary school No. 24 tendered ber Tesignauion. Sue bas held the position of princtpal wince io44, a period of twenty-five years, and her Imanugewent of the scuool hus raised it to one of the very first in sie cuy, The Board eccepted her resig- nation, wid anantinousiy adopted a series of resolu- uous expressing their regret and returning thetr thanks for the very able manner in which Mrs. Rey nolds always discharged the davies o: ler oftice, Pepe ge OE a Jalues bowling, & young man, was arraigned be- fore Justice Siandiey at Jefferson Mark t yesterday morning by detectives Giynn and Duan, of the Ath pre-inet, upon complaint of Samuel A, Kin- foreman Ww the livery atavle of f Lorapson street, charged with stealing a rom bis employer on Saturday last, 200. ‘The property was found in the pos hacl Connel, No. 44) West Fortieth street. who esutied to having purchased i¢ from the prisover, ai an auction mart on Second avenue, for twenty dollars, he dented the cuarge, but wast jocked up vo auswer in deiaultof $1,000 bail. gray hors valued at seasbou of J, Finien Sinith, chairman of the Executive Com- mittee of ine New York Sunday School Missionary Union, regrets that @ clerical looking man, who gives bis name as Alonzo Carpenter, is soliciting tunds tor & Sunday school, wii be says, 18 No. 7 of the New York sunday Scnooi ‘fisionary Union, located at No. 606 Grand street, The scacol No. 7 ta located in Jeracy City, and at 605 Grand street 1s « dweiliug house occupied by three fa:nilies, and there 1g no miss ya school im that locality. Au prsons who eaid tothe union in assisting Sunday iute parts of the city Will do weil to i heip to No, 7 Bible House, as no person ts aid for the Sunvay schoois in James Kilo. the prize fighter, who was arreated by of Vanteis, of the Eighth precinct, charged with shooting the colored man Sandy Saxon, the particulars of which have already appeared in the HERALD, Was arraigned before Justic Shandiey at Jefferson Market yesterday mornlug. Counter com- planta were preferred, Saxon charging Eliot wih shoowng him twice in the cWiigh, Bitot charging Saxon with striaeg tm in the head wita a coupling iron, knocking him down. In nis informat examination Eliott tea that he was tweniy-tive vears of age. born in Ireiand, resides a} 220 Caual street, by occupation a bricklayer, and in reference to the charge stated, ‘The man struck with the link and knocked me down, and Lthen shot him in self defence. Saxon stated he was fifty-one years of bora in Maryland, resides at 220 South Second street, Brooklyn, E. D.. by occupation a cotton carder, an in reierence to the charge stated. “I struck him with the jiak for shooting at we; I bad todo it to save iy life.” They were both comuitted, in de- fauit of buil, to answer. Ata subsequeutexamina- tion held yesterday afternoon KiiLot produced sev- eral Wiinesses, notorious Characters of the £ighta ward, who testified that the negro Saxon was the assaulting party and Elliot toe mariyr. Justice Shandiey, upou the testimony taken, discbarged Eliot aga alowed him to withdraw wie complaint Made ugaiust te negro. Woman's RiauTs 18 SouTa Cako.inA.—Married women in South Carolina will soon acquire control of their own property and posseas tue sale rights as their sisters 12 other states. The Legislature has Just passed a vill which provides that no real or per- sonal property ueid by # woman at toe Lime of her marriage shall be subject to levy or sale for her hus- band’s debts, but shall be her separate property, and tbat ene may manage and dispose of the sawe in all respecis as though sbe were 4 ab. pan 2 i toa Rp ee ea ee SE SEER ii isaac toh She da ceed aes ees lies Se ES