The New York Herald Newspaper, January 29, 1870, Page 5

THE COURTS. Important Proceedings in the Law Courts Yesterday. The MoGarrahan Suit in the United States Supreme Court—The Clarke-Bininger Caso on Appeal—Verdict Against an Insurance Company—Compelling a Wife to Tostify—-Bankruptey Proceedings—The Oakley Embezzlement Case— The Bleccker Street Shooting Affray. UNITED STATES SUPREME COURT. The McGarrahan Case. WASHINGTON, D. C., Jan, 28, 1870, Jacod D. Cox, ex-Secretary of the Interior, vs. The United States cx rel.;William McGarrahan.— At the date of the oral argument in this case, made on belialt of the Secretary of the Interior, the rela- tor had leave to file a brief witain a week, which is Now filed ana 13 in substance as follows:—The writ of error should not be entertained, because the record contains a stipulation entered into between ‘the parties in the court below, by waich the cause ‘Was azreed to be submitted to the court and that the court would render its judgment in vacation, {nd to be entered as of tue same term of the court there in session, and as of tue day of such submis- gion, the effect of the stipulation placed the cause beyond the power of either party to prosecute ® writ of ‘error in accordance with the Provision of the Judiciary act, as a supersedeos the writ of error being required to be taken within ten days from the date of the judgment, it was, thereiore, without tue ordinary course of law, and cousequeatly a writ of ervor Will not lie frum such judgment, ‘The siipuiation was tn the nature of an agreement Of arvitiauon, aud was an agreement (o accept the opinion of the Court Lo which it was Bub. mitted us the proper Judgment in tue cage, and be- Cause & Judgment by conseni, from wach no writ of error lies. Any irreguiarity in the process of tue Court should have beeu bivugut before the Court on Motion, und No iwoitvn belug made in the case the drtegularity Was Waived. ‘ine mouon tiled in the court below and subsequent withdrawn lest the case as though iv had nov beeu fied, and was a waiver Of whe irreyuiarity then ana now urged. ‘The allernative writ issued to Secretary Brown- lug was in ibe nature of @ rule to show cause Why a peremptory writ should not issue, What was not answered in the returu made inust be Taken as true. Upon tus Coumlug in oi the reture iis Objection to the Jurisuicliva of Che Court, aud that vhe duty tuvoived Was a discretionary one, and wust berejormed by We iresideat, was adjuuged tu Bullicicut, aid lu such cause We peremipwory writ issues. ‘The writ Was properly issucd agaist the ldeiendant or his successor indies. The judgmeat betug by the terms of the ssipulation en- ‘ered as of the Gtb ol Pevruary, Was valid us against the defendant m the suit, aud the act to be per- Torimed under the writ belug au oficial act and not @ personal oue, tie judyiieut Was equally ovligatory Upon the present lucumbent of the oitlce of secre- tary of \ie,luteriur, and the writ wight pro- perly issue, direcied to the officer witi- ous nanmys hin. ‘ihe uct of issuung a pateut luvolves tue exercise of no official ulserction; the deterinuing of tie proper persun to whom to Assue it dves involve tue execise of discretion; but, 83 in this Case, that deverimiuation having o¢ea made iu favor of the party Cidimimg the wsuing of tue Writ is merely inimisterial, ihe writ suould not have been issued to the President, because he is Fequired to periorm no personal act i tue issuing of pateuts, Jue couure duties m relation fo tne mat- ter are perforiuiea by cerium speciiied oficers, and they are under Lue direction and Control of the Sec- Tetary Ol ihe interior. ‘The siguature and sealol the Present are ail that are required of him, and tle duty of signing and aiiixing we seal is performed by @ secretary for that purpose, Who 13 ouly nomiually under the direction oi tie President. A Vindication Of tue court below conciudes the brief. Mr. Merriam, of counsel {or McGarrahan, moved for a writ of ceruorari vo bring up portions of he Fecords in We Case, Which, as it 1s now made up, do Dot appear. Upon suggestion of the Attorney Gen- eral, however, the parties suipulated that tue miss- ing portion may be broygatup vy consent. this Case lavolves te possession of ine New idria Quick ailver Mining Compuny. The Texas Indemnity Bonds. No, 10, Original—The State af Texas vs. George Peavod.—Judge Paschal moved the return day of the subporna in this cause be corrected and fixed for the first Moaday of December next. It was 80 ordered. This involves $167,000 of Texas indemnity bouds which passed lato the hands of Peabody. One bundred and sixty-inree thousand were also pur- chased by Droege & v., of Aianchester. Tuese bonds were, not long ago, judicialy aeclared im- | aed negotiated by the Lexas Coufederave autuor- UNITED STATES CIRCUIT COURT—'N BANKRUPTCY. The Clarke-Bininger Caso On Appeal. Betore Judge Woodraft, In the Matter of Clark-Bininger, Declared Bankrupts.—Au appeal was taken on this case from the decision of Judge Blatchford declaring Abraham B. Clarke @ bankrupt. The case was set down for argument yesterday, but the appellants not being ready the case was ordered to sthud over ull Wednesday next. Motion Aguinst the Jurisdiction of Superior Court. Motions on behalf of the creaitors for writs to pre- ent the Superior Court from taking action nullify- ing the proceedings in this matter of tne United States District Court to bankruptcy, and to prevent ‘the receiver appointed by the Superior Court, or any Other person, irom iateriering with the rights of the @ssignee im bankruptcy appointed m tuls maiter, ‘Were also pul over to Weduesday, waen the appeal case will be decided. UNITED STATES DISTRICT COURT—IN ADMIRALTY. Verdict Against an Insurance Company, Betore Judge Blatchford, Duncan Mccali vs. the Sun Mutual Insurance Company.—Tils was an action to recover insurance on the bark Londe, which, on a voyage “with coal from Miramichi, put into Cow Bay and was there sunk. The case was held last Iebruary, and the Plainwitt failing to make out technically his owner- Blip, Was alowed to withdraw a juror, The case was again held this week. ‘The defendants con- tended that the putting in at Cow Bay was a devia- tion from the prescribed voyage, bur it was shown that such deviation was customary. Defendants also claimed taat as the vessei was ards raised and sold, and ts now ailoat, that ‘¢ Wus nol a total loss, aud @ proper abandon- ment was not made out. 5 ‘The Court overruied all these points and directed @ verdict for the piaintiiy for $13,450. A Collision Case. Cornelius Lynch vs. Steamboat Gratitude and Schooner Abner Taylor.—This case is for damages caused by a collision in the Kills, in October, 1868, between schooner Taylor and the canal boat Uriah, in tow by the steamer Gratitude. Counsel for both parties admit the Gamage occasioned by the coili- B10n must be charged to oué.or the other of tne ves- eels. The case was summed up by counsel Jor the Various parties yesterday, and te papers taken by the Court, who reserved his decision. For libellants, Goodrich & Wheeler; Beeve, Donahue & Cook tor the Gratitude, aud E, bv. McCartuy for schooner Abner Taylor. Tho Seizure of the Continental. The steamer Continental was seized on Thursday last on an order from tne court, served by the United States Marsiial, but was allowed to proceed on her ‘usual trip to New Haven witha deputy marshal on board. Its alleged on the part of the owners that the steamer never carried any Kind of whiskey, as her treight always consists of passengers, baggage and dry goods. The reason of her arrest was that in Ociober last one of the steamers of the company received at New Haven w cargo of empty whiskey barrels, each of which bore @ revenue stamp uncancelle¢d, for shipment to New York. The steamer that was two have carried the barrels was the ‘'raveller, but tie pill of lading ‘Was in wie name of the Continental, ‘ne necessary papers, bonds, &c., in the case were fited yesterday in the Distiict Atcorney’s otice, where the oMeers of the boat proposed paying the fine of $400 on each barrel provided the government would not conunue the prosecuiion. Mr, Pierrepont will refer the case to the Guthoritics in Washington, Whose instructions Wili be followed am the mati UWTED STATES DISTRICT COURT—IN BANKRUPTCY, Compelling 2 Wile to Testify. In the matter of Staats D. Wooliord, a bankrupt, @ quesuion arose as to the power of the Court to com. el the wife of the bankrupt to appear and tesuty efore the Register fu relaiiun to ner AUsband’s as sete. Judge Blatchford decided that the wife must ap- pear for examination as a witness the same as any otler person subpanaed as a wiuness, and taatit she Teinses to teailly she may be cominitved for con- winyt. the UNITED STATES COMMISSIONERS’ COURT. Tho Onkley Embezzloment Cases Before Commissioner Siilelds, ThE THES SAWS Dir Bi ve Yabieyyw Lae delgndags ‘was the cashier of the Merchants’ National Bank, this clty, and stands charged with embezzling over $ ys0 of the funds of the bank. ‘The Com- missioner held the defendant tor the action of the Grand Jury. SUPREME COURT —C:JAMBERS. The Balasky-Biddle Shooting Affray—Alleged Breach of Promise of Marriage. Betore Judge Cardozo. 4 Imre Balasky.—This case came up on a motion for an order of arrest against Leo Balasky for the alleged seduction of Emily Knickerbocker on a breach of promise of marriage. Mr. Howe set forth the facis connected and read the aMidavit of the giri, showing that Balasky was about to marry another. Judge Cardozo granted the order, aud ordered the arrest of Balasky, and placed the bail at $6,000, Inve Biddle,—Aiter the previous case had been disposed of a return to the writ of habeas corpus by the keeper of the City Prison in the case of Biddle was produced before the court. Mr, Blunt, on behalf of the prosecution, submitted the temporary commitment on which the prisoner was detamed, Mr. Howe stated that Baiasky had failed to make any complaint against the prisoner, and had been released irom Beidevue Hospital last Wednesday en- ureiy convaiescent. Although search was made for hum he could not be ound, and It was now ascer- tained that he had absconded. Under the cireum- Btauces, counsel asked for the prisoner's discharge. Mr, Blunt said there was nothing shown except by the commitinent, Judge Cardozo adjourned the further hearing of the case till Monday. SUPERIOR COURT—SPECIAL TERM. The Ciarke-Bininger Case=Important cision. Before Judge McCann. In the proceedings to punish Jolin T. Beecher for contempt, in attempting, as assignee in bankruptcy, to take possession of the property of the firm of Bin- inger & Co., alreaay in the hands of the supers imtendent, Judge McCunn yesterday rendered his opinion in substance as follows:— The motion {s to punish the respondent, John T. Beecher, for contempt of court, in violating an order of injunction and in diturbing the possession of a recetver appointed b: order of this court. ‘Tne respondent admits the facts consti- tuting the contempt, but ures, In justification, an alleg authority as assignee in bankruptcy to demand ‘and rece Pusesslon of the property, in the hands of | the receiver of | this court. Thus the single question fore me is the suillciency of the — justification Presented by the respondent and the decison of hat question turns on the authority of the federal Court in Gunkruptey to interfere with or to arrest the proceedings of & State court iu the ordinary and legitimate administration Of justice, ‘The action in this court was in the nature of & bul'in equity, brought by one pariner against another on the dissolution uf the copartuerahip, tor the purpose gf winding up the copartnership, paying the credilof afd adjusting the reciprocal rights aud equities of the copartuers. ‘That action is progressing in an otderly courae of development toward & foal judginent, wherain the rights aud. interests of the ‘several creditors, us well as of the — partners inlerse, will be asceitained, adjusted atid protected upon the principles of equity applicable im aualogdus cases, An aid of the ultimate te.let an injunetion was granted and a receiver appoluied, with a view to the protection of the co- partoership Property peavlests lit. The action was com- menced on the Lith day of November, 1869; on the Ith day ot November, 1809, er of the coparinership property Was appoime1; on the said 198th of November the recelver exvcuted und filed the requisite bond; on the said 19h of No- vember the recelser took possession of the copartnership pro- erty, and has remained in pusseasion to the present moment, ne ity and validity o/ theae proceedings, tn tls court, are not to be impeached by any federal tribunal (sec. 1, Arc 1V, U. 8. Constitution ; ex 7 Law Register, Wo: Atkinson va. Preudy, States va, How: jand, 4 Wheaton, 115; 10 Wheaton, 25). ‘The instant the re- ceiver took possession the copartnership property passed into the custody and control of this court, of which he was the ollicer. His posdession is the possession of the court, So, by virtue of the order of this court ap- potating the “recetver, and. the filing bis bond in pursuance of tat order, the receiver was vested with the Jegat title to all tue coparinership prope ‘operty, In contempiation of law, is no longer the property Of the copartuership, and their only interest ia it Is au equita bin night to Whatever wurpius may reinain aiter satistactwn of the copartnership’s creditors. “Recognizing and respect ing the lwafthoaie powers of the District Court, 1 nevertne- less contest the authority of that honorable Court to oust the alroady attached jurisdiction of the Superior Court, and to compel the surrender by its officer of property duly and lawtuly ini tody, and which Is now in course of judicial administration. That court, as a urt ot bankrupscy, is the creature of statute, and no power beyoud that exoressly conferred upon it (ex parte Hugh Campbell, 7 American Law Hegister, 100). he futent and policy of the Bankrupt law of 186/ is to insure Q equitable appropriation of the debtor's property to the sutfafaction of thy ciaims of creditors; hence the only traus- fers and assignments which ft devounces and invalidates are transfers and assizuments {a preference or in fraud of credit- ors \section thirty-nine). Notuingin the Bankrapt act dis Unguishes and deciares the” District Court. the only yorum where @ just and equitable the debtor's property can be De- distrib. tion of consummated, and the jurisdiction of other tribuna's of competent authority, except in auminisiration of bankruptcy, is neltuer expreasiy hor impliedly excluded. When this court acquired jurisdic- tion of the copartnersbip no proceeding im bankruptcy had Deen instituted, aud there was then no pretence of claim for the jurisdiction of the District Court, ‘The amity subsisting between the tribunals of kindred and ansoctated govern- ments forbids the suggestion in the Dis:rict Court that ihe ac- tion in this, the Superior Court, can terminate otherwise than in an equitable administration of the copartnership effects; nor can iy be contended for a ‘moment that the commence: ment of an action ip a State court ts an act of bankruptcy, nor is tt obnoxious to the provisions or policy of the bank: ruptcy law. ‘fhe Superior Court of the city of New York, and the District Court, in admimstering the of dis: solved or insolvent copurtnerships, proceeds upon the same principles and with au equal soitciude to provect thgrights of creuitors; hence there is no occasion, wita a view to Jus- tice or equity, way the District Court sould attempt to oust the juriadiction of this court, My position ts grounded as well upon authority as reason. In the cases cited below— all feveral adjudications—the power and jurisdiction claimed for the District Court were, in some instances, t- piledly, and in others most’ expreasly and distinctly Gisclutmed and repudiated by the very wibunais in whose favor these anomalous pretensions were asserted. Judge vunn here cited # large number of authorities in’ support of hia ruling on this poiut, aud in conclusion said:— 1 am obliged to judge the respondent guilty of a technical contempt of court; Lut in consideration that ho disavows any intentiona: disrespect of our authority, and protests his conduct wax controlied by the advice of counsel, | will dis- miss bi with only a nominal punishment, 80 uitich suilices for the vindication of our authority. Ltrust the respoudent will spare us the necessity of aby more severe assertion of that authority. SUPEGIOR COURT—SPECIAL TERM. Surrender and Exonerating Bail Action. Before Chief Justice Barbour. Haul vs. Paine et ai.—In this case the parties had a stock transaction, upon which action was brought and in which the plaintit recovered a judgment against the defendant Paine. He was taken into custody upon an order of arrest, and gave bail; the Sherif, on execution against the defendant's person, returned that he could not be found, and subsequently this action was brought against the sureties, ‘The defendant surrendered himself within twenty days after the wervice of the complaint, but not within twenty days after the commencement of the acon, A motion was now made by Mr. A. H, Reavey for leave to surrender and to exonerate the bail, which fee (iraues ana resisted by Mr. Waiker at some jength. ‘tae Court granted the motion without costs, SUPERIOR COURT—TAIAL TEAM—~PART 2. Interesting to Physiciaus—The Admirers of Esculapius iu Controversy. Before Judge Frecaman. Rogers vs. Hugart.—The piaintut claimed $123 for services asa consulting physician, The defence was that plalutitt’ was employed as an attending physi- cian, and that his services were not immediately required. Half a dozen doctors testified that the plaintif’s advice and treatment wero proper, and did not cause the death of the defendant’s child. Three doctors testified for the defendant that a mor- phine injection was improper, aud im their opinion it caused death, ‘The Court refused to allow the Jury to pass upon any question except the value of the plainutt’s services, to Which exception was taken, delendant’s counsel declimnug to address the jury within ten Ininutes, the tine allotted by the Court, ‘The jury revurned @ verdict for the plaintiff for a Civil 10. Mr. McKenzie for plaintiff, Mr. Reavey for de- fendant. COURT OF GENERAL SESSIONS. Before Gunning 8. Bedford, Jr., City Judge. The ceurt met at noon yesterday and the Grand Jury brought in # pbumoer of indictments. Tae foreman stated that they would complete their lavors on Monday, at which time the City Judge Will discnarge tem for the term. Peter Hagan, who was indicted for carrying @ slung shot, was honorably discharged. Samuel Taylor pleaded guiity to an attempt at grand larceny, he having been charged witi steal- lug @ case O1 shoes vatued at tity dollars, we pro- perty of Prochawnick & Bium, He was seut to tae Penitentiary for one year, ANOTHER AFFINITY CASz. At the Tombs Police Court yesterday, before Alderman Moore, @ young woman of considerable attractions, attired neatly but fasuionably, ana wo gave her name as Kate Hall, preferred a charge of telony against Thomas Jacques, alias George Cooper, ‘a well dressed aad educated maa, under the follow. ing circumstal -—-Miss Hall is not Miss Hall, she 1s married to @ mau who prefers a life of dishonesty to that of honest labor. Some time ago her husband, to use the lauguage of the courts and the jalis, “got into trouble,” und got his wife into trouble also. He is in confluement, and whlle he was there sie made the acquaintance of thia Jacques (or Cooper). ‘They bad becn companions together in troubie and vey proposed to share their liverty together, and they lived together as man and wife at 170 Franklin sireet, Qn Sugday there was & quarrel. Jacques got jealous of bis Kate, in consequence of her u!- leged Mirtations with another “‘aitinity,” and there Was @ graad break up o# all the ties that mad bound these two together in loyal affection. Kate packed her trank and gave it luto tie care of Ler landlady, intending to fetch 1% to new lodgings. While she was away Jacques got the trunk from the Jandlady and took it away, disposing of the wardrobe. It Was Jor Cis Whest BO Wae cyuumitied to answer, THE LATE TRAGEDY IN BROOKLYN. Third Day’s Proceedings in the Second Trial of Edwin Perry. New Evidence for the Proseeution—How Hayes Was Treated at the Station House — His Dying Declaration Ruled Out by the Court. Tho proceedings yesterday in the second trial of Edwin Perry, the ulleged murderer of Thomas Hayes, night watchman at Harbeck’s stores, Fur- man street, Brooklyn, which has occupied the atten- Hon of the Kings county Court of yer and Ter- miner since Wednesday last, were of great interest, partially in view of the fact that the prosecution in- troduced considerable new evidence, and also be- cause the cross-examination of the witnesses elicited some facts of great importance in favor of the prisoner. The court met at half-past ten c’clock, and, as on the previous days of the trial, all outsiders were de- nied admission to the court room. Consequently the corridors of the Court House were crowded throughout the day by the friends of the prisoner | and others who took an interest in the case, Itis a noticeable fact that since the trial of Gonzalez and Peillcier, the Spanish murderers, no case of this character has excited so great a public interest in Brooklyn as that of the man now on trial for his life, ‘THE TESTIMONY YESTERDAY, Coroner Whitehill was the first witness examined yesterday. tHe testified to having held the inquest on the body of Hayes and identatied the bullet which Dr. McManus, who held the post mortem examina- tion, had deiivered to him. On the cross-examina Won witness stated that there was no mark upon the ball by which he could distinguish it from any otuer of about the same calivre; after the docvor handed him the ball he jaid tt on his desk, where it remained tor three hours within access of those who were 11 the room; he then put the ball in the crawer of nis desk and locked the drawer; two other attaches of the pfice had access to this drawer; he sent the vail to the bisirict attorney’s oflice and saw it afterwards, but ne was unab.e to swear that the ball ue saw this last tune was the sage one he had seit Ww the. District Attorney ; ib ‘was one sitar fate A MYSTERIOUS FUGITIVE. John Graham, of No, 161 Furman street, which 1s abouc a bock and a@ haif from tarbeck’s stores, stated that, on the evening of the marder, while standing ac his door, he heard the report of a piscol in the direction of the stores, he went down to Har- beck’s, and on his way tuitber he saw a man on the river side of the street coming in an op- posite dire-tlon—towards Montague street; witness card a man cry cul, “Murder; in shot,” when he Was approaching Hurbeck’s stores, but did not se the mun at wat tune; the first man was between witness dud Larbeck’s stores when the outery was heard: the person who cried out was about thirty sieps from the archway ol the siores when Gratau first saw him, and he afterwards got on tue irout plattorm of the car. . Mr. Bergen cross-examined witness, who stated that alter he Reard te exclamauon, urder; Pu shot,” he also heard some one cry out, “Stop that man;” when the wounded man got on J it plattorm of the car he said, “fake me to a doctor; take me lo the farry;"t1f he had said aoythiug else witness would have Leard bin, Thomas Gibbons, envineer at the four mills No, 149 Furuwian sireet, avout seven o'clock on the even- ing in question heard the report of firearms and saw & man on a “slight trou? going from the direc- Uon of fHarbeck’s stores towards Wall street ferry; the man was ou the opposite side of tae street, aud rau as far as Robbins’ stores, when he turned down the archway; he was @ man avout five feet ten inches in height, weighed about 170 pounds and wore a long coat and simali hat. Michaei Colgan heard tie report of the pistol and saw & man run down the archway of Kobbius’ stores; he did not see him after that; witness 18 acquainted with Perry, the prisoner, Dr. Stone testified to having attended Hayes at the station house, and that he there stated the man was dyimg. Mr, Morris—Did you speak loud enough for the man to hear yout Mr. Spencer objected, and the question was ruled out, PERRY IN BROOKLYN, OMcer McDermott, of the Forty-tirst precinct, tes- tifiea that avout twelve minutes past seven o’ciock, on the evening of tue murder, Le saw Perry on the strect leading from Furman street to the Wall street ferry, and tere’conversed with him; Perry leit and went up towards Furman street. On the cross- examination witness stated that Perry said he was onab—iof a drunk. In reply to @ question of a juror the oficer remarked that the prisoner at the time had on @ long bive coat and a cap; he looked ‘a8 if be gad been on a “drunk.” Ablue cap, which bad been found in the prison- er’s house in Furman street, was shown to witness, but he could not sweur positively that it was the one worn by Perry at the time he saw him. Theodore Greaves, of Furman street, saw Perry pass bis place at about seven o'clock on the evening of the murder, Andrew Moore saw the prisoner on the evening in question near the Wall street ferry and shook hands with him; left him about thirty paces from Joraie- “mon street, in Furman, and he continued on towa: South ferry; this was shortly before seven o’cio Perry wore a long biue coat ana a cup sinfilar to the one Shown in court; ne was drank at the time, Oficer Smith saw the prisoner on the night of the murder (avout a quarver to eight o'clock), corner of Furman and Atlantic streets; when asked if he knew anything about the inuss up the street Perry said that he did not, Witness stated that prisoner wore the cap produced or one similar to it. A PASSAGE AT ARMS, William McUormack siated tbat about fifteen munutes to severro’clock on the evening in question Perry culled him ont of Hermau’s liquor sture, Far- man street, and asked him to go to his wile and get $100: he said he had had some trouble with some iriends, that tuey had fired at him and that he had tired back; Perry gave witness a note to Mrs. Perry and he delivered it to ber at ler house; she then dressed herseif and took a car guing towards Soutn ferry, ana that was the last he saw of her. Wm. Crowell corroborated that portion of Mc- Cormack’s testimony which related to his being called out of the liquor store by Perry. Officers Denton, Keliban and McLaughlin, who had Searched Perry’s house, were examined as to the result of their search, Denton found several car- tridges there and Kelihan a book, which the witness McUormack stated looked like the one from wiaicu leaf to write the note to his wife, ‘Aun Eliza Hayes, ‘x THE WLDOW OF THE MURDERED MAN, was sworn and identified the pistol found im the pos- session of er Husband on the might In question, The marriage ceruiicate showing that the couple were married on the 24th of December, 186%. was read in evidence, aud the witness retired irom tne stand. ‘yhomas Norton testified that he found a pistol similar to the oue produced in the car in which Hayes, alter being shot, rode from Harbeck’s sture to tue Fuiton ferry. Join G, Kiersan, car starter at the Falton ferry, testified to receiving the revolver from Norton aud delivering it to oflicor Campbell. ‘The ollicer Was next sworn, and testified to having rewoved Hayes to the station house, Witness iden- tiled the pistol delivered him by Kiersan. ‘The pistol was offered in evidence—no objection made. HAYES (N THE STATION HOUSE. Oficer Cowen assisted Inremoving Hayes from the carriage into the station house in York street. Ser- geant Latung was behind the desk and witness spoke to him. Mr. Movris—What did you say? Mr. Spencer objected; objection overruled and excepuon taken. Witness—I tid the Sergeant that I thought the mau was dying. Q. Dia Hayes say, or do anything at that time? Objected co; overruled, Wisaess—He did. Q. What did he say? A. He did not speak. Q. Whatdid he do? A. He nodded ms head. Q. How long after you inade the remark to the ‘cant did ie (Mayes) nod bis head, as described? Fomediacely alter. Mr. Spen cross-examined witness, and only asked hia whether when Hayes dropped his heau it did not drop from faintness or exnaustion. To which the officer rep.1ed that he couid no. tell. Sergeant Latting’s testimony was about to the same effect, With the exception that he did not see Hayes nod pis head, ‘The injured inan was lying on the door with a coat under uts head. YHE POLICH DERELICT IN THEIR DUTY. Judge Praty inquired of witness as to whether there was not some regulation laid down as to the duty of the police when a mian Was brought into tue station house in the condition that Mayes waa, A. Yes, sir. ‘Mr, Spencer—Is one of them that you lay him dowh upon his back on the floor for ten minutes? Judge Pratt—it seems to me that there was a great dereliction of duty on the part oi the police. THE BSCAPE TO WALL STREET FERRY. Michaei Fanning testified that a person wie went through the archway at Robbins’ stores, Furman street, down to the dock, could easily 1nake lis way out along the docks to Wall street ferry; wiiness traversed that way aud ciimbed over the fence near the ferry into the street. Mr. Spencer to Mr. Morris—Ask hing if there is not & board fence there. Mr, Morris—No, there 18 not. Perry (excitedly)—Yes, there ts, Yes, there is, Thomas O'Connor, of Twenty-ainta strect, New York, stated that ke knew Perry, but had not seen hu for two montas previous to this Lime, AN ADVERSE WITNESS. Charles Ray lias known Perry about four yoars, and saw hin last on Thanksgiving Day. ¥ Q. You saw some ofiicers up near where you live (New York) the other day, didn’t you? A, ldou’y Know whether they were oficers. Q You threatened to lick them, dian’t you? Mr. Spencer objected, and remarked that be didn’t want Perry drag@ed into any of those matters at al), Ain, Mortis suid (hat D9 desited ty Rug tua fay 8 A. } as anxtons as the other side can be i ' witness endeavored to peerens the officers from acquiring informauon. He pro to prove by this Witness that Perry stayed at his house on the magne of the murder. . Did you not see Edwin Perry on the night of Tuesday, 25th of December? A. No, sir. Q. Why did you hesitate? A. I don't know why I hesitated, Q. Did you see him on Wednesday evening? A. No, sr; when Perry was up lown ne would come to my house; ue might come once in every month, but NOt Once In every Week; he never spent the night at the house with ine, Witness dented creating a row | in that house with the officers. He did not know | that they were there to ascertain Wuether erry had slept there or not, Kobert Day, of No, 102 Fourth street, Williams- burg, knows the prisoner, and saw hin berween Wwelve and one o'clock on the day of the tnurder and before it was committed. MAYES? DYING DECLARATION RULED OUT. The question of the admission a8 evidence of the dying declaration of Hayes, to the effect that Perry Was the person who had shot bum, Waa again raised by Mr. Morris for a decision. Judge Pratt—We have examined the question carefully while this trial has been progressing and on the other trial. We nave come to the conclusion that there was one element wanting to make this evidence admissible, and that was simply some evidence, some proof, that at the time the declaration proposed to be put in was made. Hayes Knew he was inextrenis. There 13 @n entire xbscuce of evidence except what can be drawa irom the circumstances, Tum satisfied that it would be error suilicient for a new trial if we ad- mitted it. His donor was also satisfied that there had been @ derelction o! duty on the part of the police, for one question to Hayes would have setted the whoie matter, THE CASE FOR THE PEOPLE CLOSED. Several other witnesses were examined, but no facts of importance were elicited. ‘The case tor the people was then closed, and ti t, ab ball-past gone o'clock, adjourned unui nine o'clock this morn- ing. THE MARTIN WHISKEY CRUSADE. An Interesting Session—Another Application for Adjournment—Interesting Discussion Bo- tween Counsel—Attachments Issuod for the Arrest and Detoution of the Recalcitrant Witnosses— Case Adjourned. ‘The case of Barker, Bamberger and others, which was adjourned over from Tuesday last to yes- terday at noon, was a little after the hour fixed called up by Commissioner Osborn, of the United States Commissioners’ Court. As already stated ja the Heranpy the defendants are charged with having conspired with others un der bat! to appear for examination aud defrauded the governtaent by removing a large quantity of distilled spirits from the distillery in Eighteenth street, between Tenth and Eleventh avenues, then owned and run by Barker & Bamberger, to a plage other than a bonded warehouse without having paid the legal tax thereon, It wilt be remem. bered that when the case was previously before the Commissioner A: ut District Attorney Puray applied for an adj ment of the case inthe ab- sence of his witnesses, who had deceived him as to their willingness to attend and testify, and against Whom he moved the issuance of aitachments to com- pel thelr attendance on afutureday. On that oeca- sion, after strong opposition on the part of Mr. Joseph Bell, defendant’s counsel, Commissioner Osvorn ad- journed the case till this moratng Soon after the opening of the court room yesterday morning the immense throag wl filled the halls and corridors crowded in and occupied every seat and standing spa outsile the bar, while counsel, defendant agd their fricads, with the reporters of the press, gathered in force inside tae ralls. THE QUESTION OF CO! The Commissioner, having callea on the case, ad- dressed counsel, He understood that there was to be some argument with regard to the question of conspiracy a8 charged in the affidavits agaist tne defendants. Mr, Bell—Your Honor, I do not think we will enter upon that argument just now. Mr. Purdy—Whatever argument is to be ‘made upon the question of coaspiracy ought to be made now rather than at any future stage of tue pro- ceedings. Mr. Bell—We prefer not to enter upon that argu: ment now. ‘The Commisstoner—The argument upon the charge of conspiracy must be made to-day, and if not made I will permit the District Attorney to put in his evi- dence and establish the conspiracy, and in the sum- ming up I will pass upon tt, but I shall not permit any objections, Mr. Sedgwick—Your Honor will permit objections, but will, no doubt, overrule them. The Commisstoner—You understand me rightly. ANOTHER APPLICATION FOR ADJOURNMENT. District Attorney ex-Judge Pierrepont —Your Honor, 1 have just peen informed that a large num-” ber of the witnesses who have been subpoonaed in this case have refused to obey the summons of the Court, and | now propose that the proper amaavits in the case be made, and that actachinents issue and the parties be arreste Mr. Sedgwick--la this connection tt is right that the District Attorney shouid know, whieh he seein- ingly 13 not aware oi, that at the last session @ similar kind of application was made, and that your Honor on that occasion issued attachments agatost these same parties. Mr. Prerrepoat—{ did not know that but tf attacn- ments were served U ought to ve here. The Commissioner. ed tue District Attor- ney to make appitcation for atiacnments, bat I was aiterwards inlurmed Wat lie witnesses had pre- sented themselves, and assured the District Atior- hey that they did not intend Lo stay away. Mr. Pierrepoat—Witnesses musi obey the process of the Court. I shail see to 1b toa they ao, jgwick—I desire to state, speciiically to the and to the District Attorney, that, no matter What that officer’s anxiety may be to get these ab- sent withesses hei aiter how gred auxiety may be—1t 13 n Mr, Pierrepont—I't inteud that they shill be 4 Mr. Sedgwick—We feet disappoluted that the Dis- trict Attorney did not serve fis attachments waen he might have done so aad brought his wit- nesses here, and thus ha saved tne delay and hardship to our clients of a second adjournment. W in charge of aimarsial make Lei esi aL Districts Attorney—Attac! at the Ulme upon some of the wit- brought here, but tuey reprosente ide , Ad day, a rr were conseqaentiy allowed w depart. T have ihe of tie withesses upon Wuom attachments were served. Coumissioner—Read the names, Mr. Purdy read the following names:—Jobn Val- demann, William Dougie Thomas Dougaerty, James Valdemann and brost Smith. Mr. Purdy con: tinued—l wouid say, With regard to Lwo of these named witnesses, | bad tiem piaced in the Grand Jury room ut the charge of a deputy marsial; but they managed to make their escape and get off avout iilteen mimutes ago. ‘The Commissioner—t shall direct that attachments be issued for their arrest, and Whenever arrested they shall be lodged in jail unt brought here bo tes- uly. Mr. Bell—Is it not a fact that at least three of the Witnesses for the prosecuuion were here im ace tual attendance on the last day of che examination ? ‘the Commi-sioner—I know nothing about that. Mr. Bell—I ask the counsel ¢ ' Mr. Purdy—Not oue of them. Mr. Pierrepont—it 1s enough tha ay, but we shail try to lave suall see that the system of disou the coure shail not continue. ‘The Commiussioncr—When the application was before made for adjouroment | granted i on the condition that ihe case should go on to-day, unless another application was preseuted based on such grounds as are here set forth, Could not chose wit- nesses be found between this And to-morrow ? Mr, Bell—Beimg here to-day J should unink they could. Mr. Sedgwick—Your Honor will u we Want @ day fixed tat Attorney and the Marshal t here, Mr. Pierrepont—We mean to find out la yd in matter and What ts the juscee and truth of 1; fore, I agree with counsel on tue other side, it i8 beter to 1X a Gay that will enanie the Marshal, between now and the day to be fixed, to have these partics arrested and brougbt here once here, # lew Hours will deters way or tne other. What time do you Mr. Bell—We cannot advise, —VT ou can simzest, Mr. tha such time us the Distric! enable hun to sa paruies can be sec t they are not here them here, and L ing the process of erstand that enabie the District nave the witnesses ink ¥ ney lay judve will alendance of these te sald we aro t they shoutd appear and accuse us, Mo they have anytulng to ac- cuse us of. Mr. Sedgwick—Your Honor, c haying them 1 to testify iy public. Th may make what afiidavils they please notary publics, and may swear to any fal because not amenable to prosecution and pun meut; therefore, We Want an EXuminaiion so that all the (acis shall be brought Lo ligt, aud Lbe witnesses as my only safety ism heid accountable for tae trata or iagisity of Weir THE QUESTION OP ADJOURNMENT. Mr. Plerrepont—That 1s matte {8 important to every one con that there snomid be a thorougn, es ya, and L cousaer it my oMicial duty to sind oat who those Parues who have been making €> parte or Talee stat riance. It this case ny 1 and, | ne the case one | nall take | ' | | } tesumony. | numed | P | | | NEW YORK HERALD, SATURDAY, JANUARY 29, 1870.—TRIPLE SHEE. its on which warrants are tssne1 for u ie Seneen of PAIS so accused, | am determined to find out parties who hate made such faise aMidavits, and we will bave them here, too, if there is power in the Court to them here. '1 propose that the examination be adjourned till next Tues day, ‘The Commissioner—{ shall issue attachments for the arrest of the parties, and waen arrested they shall remain in ya Agen Tuesday next atten o’clock, when they shall be produced in court. ‘The case was accordingly adjourned, and the au- dicnce cieared out, filling the corriders und halls as they passed to the street. SUBURBAN INTELLIGENCE. NEW JERSEY. . JSersey City. ‘Tue CaALEDONIAN CLUB held @ ball last night at Cooper Hal, which was largely attended. Several Highiand pipers in “kilt and hose” were to be seen. and heard vurougu the hali, while the guests Waltzed eo. merry aus of Old Caledonia, ‘stern and ‘Tne Orruans’ BaLt.—Great preparations are being made for the orphan’s ball, which will come off in the middie of February under the auspices of ‘St. Mary’s Young Men’s Cathoite Association, which has been recently organized. ‘this ball will ald @ great work of chapity, aud it promises to be a suc- cess. Cuarncen WITH VIOLATION OF THE REVENUE Laws.—Thomas Kelly, the proprietor of the liquor store at the corner of Hudson and York streets, was arrested on Thursday night by detective McDonough ou the charge of Hgng Ae? Whiskey without a license. He gave ball in $5,000 to appear tor examl- nutiol Harper, of Prospocy street, is under bull or @ siinilar offence. DISTURBANCE At THE Ertz WoRKSHOP.—A crowd of youngsters followed the New York mechanics who were on their way from the Erie workshop to the ferry last evening. They not only hooted and yelled but some of them threw stoues. Hereupon One of the mechanics drew a revolver and turned on the crowd, who at once took vo their heels. The older folks have become tov wise to engage in any Buch amusement again, Hoboken. Tue Board OF EDUCATION are engaged in the consideration of the question whether a negro shall be admitted to the public schools. A motion for admission was laid on the table at the last meeting of the Board, CHARTER AMENDMENTS.—A meeting of the Com- mon Council was held last evening, at which several amendinents to the city charter were discussed. Among these are the following:—To abolish the salary of aiderinen; to reduce the numoer ot alder- men in each Ward irom three to two; to reduce the nuinber of school trustees in each ward from three to two; to regulate the terms on wiitch the pubiic prinung shall be performed, and to make a radical change in the mode of assessment lor public im- provement, bach of these atnenduents must be Submitted to the people and receive the approval of a majority before 11 can become a law. Hudson City. THE’ HARRISON-VREELAND BrReacu OF PROMISE Casz.—The suit of Mrs. Harrison against George Vreeland, for breach of promise of marriage, was compromised, and # seitiement of 0 caluages: Was entered ior plainu, ‘Tue damages were laid at $40,000. BRUTAL TREATMENT OF A WowAN BY HER Hus- BAND.—A man named James Foran was arrested yesterday on a warrant issued by Recorder Aldridge, at the instunce of Mrs. Foran. Her afidavit is sub- stantially as foliows:—Her husband wounded aod thumped her with bis fist Ul she was unable to raise ter hand to her head; he threatened on several sions to poison her, and a few pights ago he pared a rope and placed it in the bed, and she Wits 0 terrilied Lnerevy thal sue did uot sieep that night; he tureatened vo take her ie with a Kulfe, 80 thut atiastshe was obliged to tcave tie SC Ut night lest he would murder her. ‘Tue Recorder deciued te case so serious that he Would not taki bail, but sent tue man to the county jail to ve deait with directly by the Grand Jury. Hadsou City. CITIZENS’ ASSOCIATION. —At a meeting of tne Cltt- zens) Association of the Fourth ward, held at Ma- sonic Hall, corner of Montgomery avenue and Voi- den street, on Thursday night, the following oifcers were elected for the ensuing year:—John Vietcher, Jr., president; Samuel J. Walford, vice president; Wm. E. bishop, secretary; Hermaan Bruns, treasu- rer. ‘Ihe object of the association 13 wo labor for reform and economy iu the municipal admrnistra- tion. Bergen City. ALLEGED MALFEASANCE IN OFFICE—REMOVAL OF THE CulRF OF POLICE AND Two OrricER’.—The city authorities of Bergen have a new-fashioned way of redressing grievances, The toilowing notice was served upou Chiet of Police Keenan, aldysauer and officer Munroe on ‘Thursday:—‘“by an order of tie Police Board you are hereby dismiss.d from the police force of the City of bergen.” This order was eigned by Mayor Harrison, the President of tne Common Counc ana Aidermen Washburn, Van Keuren and Wakeman from the Poltce Committee presided over vy tue Mayor. The order set forth no specifications of charges or grounds for removal, nor were any of tie pariies brought face to face with their accusers, Aid Bauer demanded @ trial and was retused. The Chict waived a trial, and Munro’s case was settled sowe time ayo. bi admitting that the three men are guiity, this Star Chamber style of procedure will give rise to severe comment, Bauer will appeal to the Common Council fora hearing. Ofticer sicholas Pierce succeeds tae Chiet and officer George Cot tingham takes the place of aid Bauer. Waterloo. SMASH-UP ON THE SUSSEX RAILROAD.—Yesterday afternoon the passenger train of the Sussex Rait- road, runving from Waterloo to Andover, met with @ seirous and singular accident, which resulted fatally for one mun and five or six others wera severely injured, It appears that some of the ties were rotten and the Wacks became accordingly dis- ed aud sipped Loo far apart tor the wheeis, The passenger car ran off and tuiubied over, and & gene- Tal simash-up ioulowed. engers who were injured were conveyed to Waterioo for medical tnent. ‘The cause of this ont is ROME Whal and it should open the eyes vf ratiroad wen to the duuger o1 l00se or unsOUUd ties. Newark. Mone SNEAK THIEVING.—A German woman named Mrs. Haas entered the ary goods store of John Sebloper, on Broad street, yesterday, and suddenly 1, a8 did also @ piece of muslin measuring tuirty yards, The clerks gave chase aud were rein- iorced by detective smith, Mr: was Wus oO; hauled and the missing muslin iound. She ts | for examination. Froim the factory of J. 8. Gri jemy street, ¥: leves eg SEVERELY BuRNap.—Yesterday fore- noon, Mrs. Rangwold, of No. 40 Dey street, was gitending to her household duties, her clothing Caught fire from the stove, Wald with fright we poor creainre casliea wito the strect. Au eldery ciuizea bamed Schaeler ran to her sssista: With & bianket suc. uot, however, lajury about u ds doudtial. SINGULAR Cask oF LNSANITY.—Zarly last night a young girl of ratner prepossessing appears named Loulsa Metz, in her twentieth yea: jodged in the station house for safe keeping, she bemg subject to violent fits of ap Insane nacure, She came from Germany last summer and went to side Will oficer Die jolice force. He has ocured for her uations 23 a domestic, bué scarcely would she be setiled tia place when @ fit Would seize her, and off she Would go and be missing for several days. SERIOUS SALOON A¥FPRAY.—Abdout seven o'clock last cvening ynite @ serious personal rencontre wok place in a William sireet drinks aloon, nearly opposite the station house, between a young man Edward Whitteman and anather named erry, the result of whieh Was that Lie latter had his » and lands shockingly cut is believed with some blunt instrument. His wounds Serious that the services of a surgeon were promptly 44. ‘he disturbance arose ont of an excited 2 On political subjects, whica ended in harsn .pames and finally blows. Boch parties are quite Well known in certam Clrciés, among wh the occurrence has caused consideravie litte excite- ment. SED OF AN ARMORY has long pecn a stapie topic of discussion 10 military circles hereabouts, and to the Wantof one Is mainly atiributable the wretched condition of most of tie military compa- mies of this city, and the enure abseuce of that expr it du corps essential to the well being and proper nwrate of all such organizations. Av a recent meeting of officers and — otiora — thterestea In the proposition to bud an armory, Py of woich General Rinyon was president wuries OF resolutions Were passed urging the pve forward in the bstier, je to Keep together at least the nis. Gen urd, Abert und Ryerson were ee lo bring the matiar before we 1 on Gomi terson, Ar occurred yesterday morning 1 the picker room of Hwin & Co.’ colion mill, corner of Con- gress wid Mill 4trests, but the fi wore “extin- galshed before any greas damage was done. shee Da.es OF COMOR Were destroyed= ‘Phe dana done to building and mw: slight, and covered by Insurauce. Tue WYNOCKIn MYSTERY.<'The Rourd of Froe- holders yesterday increased the reward ofered for the recovery of the lost chill ot Joseph Wybie to $500. An examination of the parents yesterday in Vaicroou aad thelr knowledge of the adatr couglu- rb insured shinery Was Is Runyon aud } Anout | aively proved that al! accusations made for the marder of ter chudren are out Soanaation, ‘The mystery is & greater wer, Deeapru. Arrack BY A BULL.—On Wednesday Morning Samuel Poolley, of North Haven, while feeding stock in the farmyard of Benjamin ©. Payne, Was utiacked by @ bull and badly injured, Had ic not been tor the arrival of @ second party, who Jelied the irate beast with @ blow frow a hatchet, he wouid bave been killed, His injuries are so severe 49 LO Confiue tin to his bed. Fuiourver, Acctpents.—Jacob Osborn, of East Marupton, met with an accident Thursday that will probably terminate fataily, He fell the whole length Of a figut of stairs, cutting a gash in his head seve- raiinches iu leugti and lifuing the enure scalp. He is Yer tn au Unconscious condition. A mau eniployed upon the railroad in Bridge Hampton was run over by a wagon on Thursaay night, receiving a ghastly cut in his head and the breaking of @ bone tn his hip, BURGLARS IN QURENS CouNTY.—During the week burglars have commenced again in Queens county. Two houses in Wooaside wero entered on Wednes- day night—one occupied by H. Willtains and one oc- cupied by Mr. John ticks, ‘The burgiars were heard. im the jater dwelling by Mrs. Hicks, and her screams [rightened them and saved to the occupants a large amount of vaiuabies wich had been heaped Logetuer-—silverware, Slik dresses, XC. ‘4 nigut burglars entered the dwelling of Mr. A, Kaha, at Newtown village, carrying ow a large quantity of provisions, Fara ACCIDENT aT SETAUKET.—On Thursday afternoon John N. Baylis, of Stony Brook, was tn stantly Killed at Setauket. He was at work ona ship which ts being built there, and at the time was heiping to put im ceilmg plank, He was Sanding wmside of the vessel walle others on the outsise were drawin, the their piace by means of a tackle, when & which the e Was fastened gave way, letiing the plank fy back, turowing @ clamp screw, weighing seventy-five pounds, against the breast of knocking him backward, his head sinking the keelson of t ressel, cuusing insiant death, He Was avout ‘orty-dve years of age aad leaves @ large YORK CITY. NEW Milita Rowdyism—Infant Mortality— Now Emigration Commissioner—Cigar Makers’ Movement—Hamliton Col- lege Alumni — Miscellaneous Incidents and Items. ~ The following record will show the changes tn the teniperature of the weather for the past twenty-four hours in comparison with the corresponding day of last year, a8 indicated by the thermometer at Hudnut’s pharmacy, HBRALD Lullding, Broadway, corer of Ann z 1 1869, 1870. - “ al 43 45 4 “a 39 40 01 Greene street, who had @ quarre! wiih her lover, yesterday morning took dose of Jandanum with a view of endiag her trials und tribuiativus, Medical attendance saved ber life, howey Mary Connally, of No. ‘The nextiecture tn the free course of scientific ine people, at the Cooper Union, will eat Hall, this evening, at eight fi ‘Mammals, Man aud Navure.’’ Lecturer, Proiessor A. J. Ebell. s for Yesterday, while at work in Gildersieeve’s saw- mill, corner of ‘Thirty-second street and Firsy ave- Francis Fries, of No. 328 East Twenty-elghth reet, had two fingers cut of by ls hana coming an Contact with a circular saw, , ‘The stationary engine which 1s to operate the Weat Side f#leveted Raliway was completed ‘Thursday, the last siaft being now in position. There 1s bat little more to Go before the company announces the date at which travel will commence upon the line. At the regular annual meeting of the Irish Emt- grant Society, held on the 20in mat. at $1 Chambera street, James Lynch, of No, 18 Broadway, was elected President, vice Richard O'Gorman, Corporation Counse: igned, Mr. Lynch is therefore a Oom- missioner of Linigrauon ex officio, ‘The funeral of Mr. Jesse O. Vanderpoel, for many years conuectea with the District Attorney's office a3 Deputy District Attorney, and who was recently appointed Probate Clerk by Surrogate Hutchings, took place yesterday afternoon from No. 1 West six- teentu street, corner of Fith avenue. The remains were taken to Kinderhook. Several of the prominent muk deaters of this city have recently been victimized by an ingentous swiodicr, who 1s in the habit of representing himself as their yent for the collection of bills. He ts de ul, slin individual, with dark hatr and eyes. Captain Allaire has pon his track for some (me, but has not yet succeeded in effecting bis capture. Messrs. Annin & Co., of No, 99 Fulton street, state that the report of an attempted burglary at their establishinent a day or two since was erroneous in statiig that the establishment was ‘aL store,”” 85 tab is Lok the ousiness im whieh they are engaged and persons readi eby ied to suppose tint its cir old ine of business. Richart Tecnan dé Sov, of the same buiid- lug, warmly commend the action of omer Kenny, of the second precinct, ia Irustrating the atiempted robbery, ‘The saie of the remainder of Mr. Burr's stock of jewelry was continued yesterday. The attendance Waa much larger than on Thursday, and being, more bidders the prices realized were inuch better, Mauy of t) s were Jadies, and os several of them tances sine article there Was a good deal oi rivalry displayed. A large opal r around with diamonds, sold for $llu; another, with a large Syrian garuet, sold for $20 Several’ goid chews suid for $12, $15 and $2 A committee of tae National Tobacco Association have leit v's city for Washington to present Con- gress WIL a peticion, setting forth tat by the reduc tion oi th 1 imported cigars from fitty to twenty-ive yp irom three | gollars to Son Unported { PF munutecuring 1 und aousaudstor mea ulrown oul of employmeni theretore, Wat the tax on import «0 LO Fe ‘ihe cigar makers of New York hoid & mass suing al tae ABtor House yo-duy, jay night a gentieman on nis way from ce encountered four soldiers on the side- street, by whom he was led and though no great damage was done. In- Yr, a8 the soldiers Gisraced the uul+ the com- On Wedne’ the Post 0! walk in Nas 1, muca, LOW tora baey wore mandy or Fort Haruattton flud out what suidtors ab widaight of in ball and cuatin the iellows, or vet and of thelr Hoerty unit they can belter when permitted a furiouga, c restrain ter demeun bis lve Coroner Schirmer was yesterday called to hold an inqnes. on a sullborn child at 64 Oltver street. The names of the parents of the infant did not appear. A dead chiid (no name given) was taken to the idoventh precinct station house, but where the re- reported dead a West sireet and the Coroner n tuned, An individual, Whose name was not given, died suddenty at 419 Greenwich gtreet aad one of tae coroners Was called to byid an mqueet on We bouy. At a meeting of the Mamiiton Coileze (New York) Alumni, resident in tals city, on Thursday, ie tu low- Presidents, Gederal Jonn Coctirane, Kdwia C. Liseniiely Li. D5 Daviel iuotiogton, UL. D.; Rey. Laomas >. Hasungs, D. D5 Kev. Henry Kendail, D. 0.5; Francis Kanda. Correspouding secrewry, Isaac H. Hall; Recording Secretary, Hulu oot. Executive Committee—rro- fessor Jou voweroy, Li. D. Covnrane, LL. J. Te was de cern that the dinner sbowid Ge held at the Astoy foie, & Tue Acarmat all parts of the country are re spectiuuy taviced ta be p Professor D. My Nb The Board 6: ts of the “Co-operative Putht- ing Lot Association” report ta tabulated forme sad sentwntions paragraphs whe prosperous conditten of the $002 ‘Lue revenues for the past year exceeded tho year preceding by $13,469 70. The ou Hus WAUS tar purchased glad, 760 worth of WM Brooklyn, © Willlamsbarg, West- chester county and Belleville, ‘he total number of Feal estate shares was L704. Sixty-seven lots 1m Kast Wiliamsburg and Brooklyu and turty-three Diols Mme Westehester county were awarded tO metas bers during the year, bringtug a ue SQ prea Of $1,004 7% in ober respects the society snows Anancial sounduess, a a RN A aN i i a i io a a cra ae