The New York Herald Newspaper, February 4, 1870, Page 5

THE COURTS. Yesterday. Court—Liabilities of Bankruyts—The Consoli- dated Steamship Company Litigation—Heavy Damages Against the Jong Island Rail- road Company—$5,000Damiages Awarded in a Suit Against che Brooklyn City Railroad — The Farman Street Tra- edy—Motion to sdmit Perry to Bail. UTED STATES SUPREME couBT. Murder Case on Apital from a State Court. WASHINGTON, Feb. 3, 1870, No. 331. Jonn Gutt v. The State of Minnesota— Error to the Supreme Caut af Minnesota.—In Sep- tember, 1967, an indictupnt was found against the plaintiff in a district cout of the State for the mur- @er of Alexander Campiell, in Brown county of that Brate, in December, 1/65, on which ho was subse- quently tried and convicted in Redwood county, in UIBUAanCe of whussed after the commission of crime, ‘the Supreme Court of the State affirmed the confction, and the plainti? brings the cago here, isisting that the conviction was because, Anger the law of the State, as ib exisied the tine of the murder, he could only be indeted by the Grand Jury of Brown county and be tied by a petit jury thereof; and that the law passed bsequently, authorizing the Gran Jury of anoihercounty to indict him and tue petit Jury of another jounty to try hun, is, under the fed- constitution necessarily ex post facto and void. ‘Tho detendant ojects that this court has no juris. Giction of the (uestion presented, and moves that the writ of erro be dismissed. It 18 contended that im the court tlow counsel for tne prisoner only Tadsed the qugtion of the constitutionality of the law, under thepoustitution of the state, and that it ‘Was on (hat gestion solely that the court ruled. On the meritsit 1a submitted that the law com- plained of ta within none of the definitions of an ex post fac law, under the constitution of the United states, It imposes no punishment for an act ‘Which was no punisiiuble at tue time it was com- Maitted, nor ay additional punishment to that then prencribed, nf Goes 1t change any rule of evidenc prohibitey clause rejates to crimes ana panis! Mments and nf to criminal proceedings, It neither prohibits the«creation of a new tribunal for the trial ‘Of past offeces nor the enlargement of an old oue for that pupose, nor any law solely relating to its IZaUG, practice aud proceedings. A. Wu for plaintit; F. RK. EB. Cornell, Attor- Wey Generl of Minuesota, for the State, UNITE! STATES DISTAICT COURT—IN BANKRUPTCY, Claime of Creditors on a Debtor's Property Seize: Under Judgment of a. State Court. Before Judge Blatchiord. In i Mater of Leonard 8. Ballou, a Bankrupt.— This/was a petition by Philip W. Kopper, the aasipee, to have delivered to nim as agseta of the Dankupt certain goods levied upon by the Sheri andr an execution issued by Wiliam Redmond, a fudment creditor, for $854 65, on the ground that atte tne of issuing execution and making levy thecreditors had reasovabie+ cause to believe the debor to be msolyeni. ‘The prayer ef the petition ‘Wa granted gad the creditor forever enjomed from prving against the estace of the balfkrupt tie claim upp which the judgment was jounded. For the asignee, \G. A. Seixas; for the creditor, Messrs, (Nooll, Thurston and Annaa. Mleged Fraudulent Stoppage of Commercial Paper by Insolvent Creditors. ‘In the Mallerof Alrred D. Jessup, Creditor, vs, A. Horman & Brothers, Debtors,—This was a pe- lon filed by creditors to have the debtors adjudi- ithin @ pertod of fourteen days.” On the trial the creditor gave evidence of the uduient stoppage, and, aiter being charged by Court, the jury found @ verdict for the creditors a the debtors © ere adjudged bankrupts. For the creditors, G. A. Seixas; for the debtors, Judge Beach. . Question as to the Discharge of Bankrupts. In the Matter of the Bankruptcy of Garrett 8 and James Milligan.—The bankrupts were formerly heavy grain merchants, doing business at West street. Judge Blatchford, on motion of yunsel, refused to grant discharges on the ground at they did not keep proper books Of account and ry transacted ie business, UNITED STATES DISTRICT COURT—IN EQUITY. A Custom Horse Caso. In the case of Francis Tomes and others vs. Heman Bedfleld, which was a suit brought to recover m defendant, formerly Collector of this port, xcesa Of Auties paid under protest on sundry im- rtations of merchandise from Europe, and in hich case plainufts obtained a veraict, and excep- ms were taken by the defendant. Judge Blatch- ford now overrules the exceptions, and orders judg- iment to be entered for plaintiffs, on the verdict, for 8,078 66, With interest from July 12, 1869, SUPREME COURT —C.AMBERS, 19 Consolidated Steamship Compaay Liti- gation—Motion for a Receiver. 7 Before Judge Cardozo. Theodore D. Jervey et al. vs. Henry Hart et al.— ‘This was a motion for an injunction to restrain the Gefendant from disposing of certain property. Tho jeomplaint averred that the plaintiffs were stock- holders of the Consolidated Steamship Company, a corpuration organized by the Legislature of the State of South Carolina; that the defendant was president, treasurer and director of the company tn 1864 and 1865, and that he had the general adminis- tration of affairs, It further alleged that the defend- nt never rendered any account of his receipts and disbursements, that he received large sums of money @nu merchandise for the account of the company, whitch he converted to his own use, and mixed the passcts of the company with hi3 individual estate; purchased property in New York aud Brooklyn with jthe money of the company, and that he conveyed certain lots tn the city of Charleston, by a deed exe- cuted in 1867, to Jon Macauley, who, as alleged, had knowledge of the defendaut’s connection with }ihe company and his failure to account, ‘The de- }fence set up was that during 1865 he was absent from Charleston, and denied having been treasurer of the company or ever exercised any contro! over Ma affairs. Lhe defendant furiher dcnied baving received apy property belonging to the company, excepting the notes of Jacob Pecare, amountiig to $22,000 and a house and jot in broox- lyn, which were always at the disposal of tho company; that the company was organized forthe purpose of importing merchan- ise in Geflance of the blockade existing during the Sate rebellion, and at the close of the war, im 1866, ceased to Nave any Vitality or existeves; that the company is invebted to him in the sum of $3,000 in old, while he himself demes owing any miouey, ana jenies that the complain: has any ground wiatever. vues the case first came before the court a tempo- | rary receiver was appointed over the property; but the order was subsequently vacated, with . leave, however, to apply for aay relief that might bo deemed expedient. Piaintiud now moved upon new pers that A receiver be appointed. ‘Tne case was argued yesterday by Mr. Audrevws for ive plaintit | and by Mr. Vanderpoel for the defendant. ‘Tue Colrt Proceedings in the Law Courts A Murder Caso in the United States Supreme reserved decision, COMMON PLEAS—TRIAL TERM. Notice to the Bar. The calendar of causes to bo tried by the Court, without a jury, will be called at the Trial Term on the fourth Monday of February—viz., 28tn February, 1870. ‘The speciai Calendar of short causes will be called on Friday, tue 26a February, 1370, By order of the Court. N. JARVIS, Jr., Clerk. BROOKLYN COURTS. SUPREME COURT—CIRCUIT—PAAT 1. Damages for Personal Injuries, Before Judge Pratt. Bridget McGowan vs. Michael Kuntz.—The plaintifl ‘Drought suit to recover damages in the sum of $3,000 for injuries received by being run over by defend- ants lager beer wagon in Third avenue, bewween Bixty-ftth and Sixty-sixth streets, New York, on the ist of January, 1869. ‘The defence was a goueral denial and an allegation of contributive ueglgeuce. Verdict in favor of plaintuf ior $1,000. SUPREME COURT—CIRCUIT—PART 2. The Suit Against the Long Island Railrond Company—§15,000 Damages Awardod to Plaintia. « Before Judge Gilbert. 8 Raward Van Gassbeck vs. The Long Island Ratt. ‘road Company.—The jnry in this case yesterday morning returned a sealed verdist in favor of plain- $i for $15,000 damages. Mr. Van Gassbock, it will be remembered, aued the company to recover dam- gos in the Bum Of $50,000 Jor igiuries sustained by ‘the great accident near Willow Tree station on the ‘23d of April last. Damages Against the Breoklyn City Railread Company. Harvey Mangam, Jr., v8. The Brooklyn Clty Ratl- road Company.—This action, in which the plainwif® sued to recover $6,000 damages for injuries sus- tained by being run over by one of the company’s cars, Was first tried in 1858, before Judge Brown, who granted @ nonsuit and dismissed the com- Piaint. The plaintiff appealed to the General Term, wao reversed the decision of the court below. The defendants then appealed to the Court of Appeais, tod that if the Judgment of the General aiirmed that judgment absolute slouid be rendered against them. ‘The decision of the General Term was amrmed, and the case came back to this court yesterday for a jury to assess damages. ™ ay assessed the damages at the full amount A Reminiscence of the Oi) Fever of 1865. Dexter A, Knowlton vs, Chauncey Kilmer.—The Plainuit sued te recover $8,400, the balance of $10,000 alleged to be due him, which latter amount he paid defendant towards the purchase of oll lands in Ohio Jor a company to be formed. ‘The aliega- tions of plaintitt were that in 1805 the defendant re- Presented to him that he knew of a youug man in New York who heid @ certain number of options which coutd be procured at a low price, and that he had himself gone to Ohio and examined the lands, fen were @3 certain to get oll out of the jal as plaintim was to get water out of the Empire Spr at Saratoga, whioh the latter owned. Plaintiff contributed $10,000, and a company was formed, but it subsequently failed, and piaintia sold back bis pertion ot the laids to defendant for @ nominal sum. Mr. Knowiton fur- taer alleged that he afterwards heard that the amount of $75,000 had not been paid for all the lands, as represented, and he therefore claimed that dant bad committed traud, The court granted @ nonsult in the case, on the ground that the plaintiff had not proved that $75,000 Were not paid for the lands. Plaintia supposed 1s Was adinitted in the answer of defendant that that amount was not paid, aod the court held by the con- traction of the snswer that the defendant had not 80 admutied, SUPREME COURT—SPEGIAL TERM. The Furman Street Tragedy—Motion to Have Edwin Perry Admitted to Bail. Belore Judge Gilbert. Mr. Charles Spencer yesterday morning made ap- Pilcatton to Judge Gilbert for a writ of habeas corpus, Yequiring the Sheriff to produce Edwin Perry, the alleged murderer of Tuomas Hayes, night watch- man at Harbeck’s stores, Furman street, in order that he may be admitted vo bail until his third trial shail take place. ‘The jury on both trials, it will be remembered. fatied to agree upon a verdict, Judge ulipert granted the writ and made tt return- able to-morrow (Saturday) morning, at ten o'clock, Mr. Spencer will then move to have Perry admitted to bali. District Attorney Morris will oppose the pplication, An Alloged Homicide Admitted te Bail. John Howard, who 1s under indictment for the murder of Terence Flynn, at the corner of Navy and Jobnson streets, on the sd of October last, was p1o- duced in court yesterday ona writ of habeas corpus procured by Mr. John Cooney, bis counsel. Mtr. Cooney moved to have the prisoner admitted to bail, = ie Cours: granted the motion, fixing the amount at $5,000. ‘The juryempanelled at the inquest over the body of Flynn rendcred a verdict that pe nad died of inju Ties received at the hands ot persons to them un- Kuown, District Attorsey Morris, however, caused the prisoner to be detained and a short ume since brougit his case befere the Grand Jury, Who indicted hun jor murder tn the first degree. Divorce Granted. Jydia Krebs vs. George Krebs.—Report of referee confirmed and judgment of divorce granted, with leave to plaintiff to marry again. . , (QUAT GF OYER AND TERMINER, Before Judgo Pratt and Justices Voorhees and Jounson. ‘The court met yesterday morning ana adjourned for the term, there being no cases ready. This dis- poses of the election fraud cases unth the next term Of the court, which will be held tn Maren, PUBLIC CHARITIES. Meeting of tho Commissioners—Smallpex StatisticsPreparations for Relapsing Te= ver=The Street Question—Labor Bureau. The Board of Commissioners of Public Charities and Correction met yesterday in stated session. The Commissioners were, as usual, all present with Gen- eral Bowen, president, in the chair, Tne workings of tho several departments under tho care of the Board, for the past fortnight, were critically reviewed and found to be as eMcient and as freo from necessity for comment as they generally are. It was shown that ample provision had been made for the reception and treatment of persons afflicted with relapsing fever. On the first intimation of the breaking out of the disease the Commissioners had made their arrangements and were ready to caro for all who may be consigned to their charge for treatment, An informal discussion arose in regard to allega- tions made by certain Bohemians on the quality of meat furnished to the institutions, and gs to the propriety of contradicting offictally the charges and insinuations made. It appeared, however, from the interchange of opinions and notes that the meats furnished by the present contractor, Mr. «Kearney, were daily inspected and found to be as good as was furnished to the best private houses in this city; that the Commissioners had the fullest confidence in the gemtiemen who furnished the meats, and that the Dest comment on ihe quality was that no complaints of any kind were made by either tunates or officers of the institutions, The report from the Labor Bureau, under Mr, G, M. Losee, showed that during the month of January the business of the pureau was 08 follows:—Male heip required, 283; female help required, 1,926; maies applying, 925; femaics applying, 1,824; situations procured for males, 279; situations procured for feuales, 1,641. ‘The report (rom the warden of the Smallpox Hos- pital for January was received and ordered on ule, ‘This report shows:—Number of patients admitted, = i dicd, 16; discharged, 102; remaining January 81, 102. A very large amount of routine business was dis- posed of, alter which the Board adjourned. TURFNEWS NATIONAL CONGRESS, Second Day's Proccedings—The Report of the Committee on Hules to be Presented To- Day. Agreeably to adjournment the Turfmen’s National Congress resumed its session yesterday afternoon, atthe Everett Rooms, at two o'clock. Mr. W. M. Park, president, called the mecting to order, and, after the disposal of some routine busiuess, Captain Rynders, of the committee of thirteen appointed to draw up the rules and reguiations of the Congress, announced that the report was not yet ready, and the Congress then adjourned unitl halt past seven o’ciock, At that hour the delegates as- sembled in targe force, Mr. W. M. Parks again pre- siding. Captain Rynders stated that the committee had been in session stnce haif-past mine o'clock in the morning earnestiy endeavoring to draw up ine Tules as required, ‘They had almost been compicted, but were not yet absolutely ready to be presented. Under the circuiwstances he asked, on behalf of the cominitiee, to be allowed until to-day at tweive o’cleck to present tho report. After some slight Qiscussion 1% Was unanimously agreed to postpone the presentation of the report until to-day. The secr@ary then read a despatch from Colonel Sprague, of Khode Island, regrotting nis absence from the Congress, Business matters had 80 shaped themselves as tO prevent him belag present. © had inade his arrangements to ve in attendance, but at the lass moment found musclif disappointed, He expressed his regret at not veing able to re eny in the movement, the result of which, he lad no doubt, wouid be beneficial to the community at large, but assured’ the Congress of his earnest sympathy and support, Oa mottou, the despatch was ordered to be pMaced on the minuves. ane Convention then adjourned till twelve o'clock lay. THE KILLING OF MR. PEYSCR. Oficial Iuvestigation—Arrival of the Widow of Deceased. Yesterday moraing the widow of Mr. Harris M. Peyser, the Boston merchant who was crushed to death at the depot of the New Haven Rail- road Company, Twenty-seventh street and Fourth avenue, as heretofore reported, arrivea in this city in response to 9 telegraphic do- spatch which had been forwarded to her by friends soou after the melancholy occurrence. The re- mains, which are in charge of an under- taker, were viewed yesterday by a jury em- pansiled by Coroner Keenan, and as there aro sevoral witnesses who had not been summoned the Inquisition was adjourned till next Monday. In tho mean time the remains will be interred in Cypress Alli Cemetery. Mr. Peyser, Who was sixty-five years Of age, and a native of Prussia, had been @ merchant in Boston for twenty. year#, and stood high ip-the estimation of all who knew him, Besides the widow deceased left two aoua, ono of who is engaged in business In Cinoinnatt and the other lives 1a Naples, ita. Mr. Frederick M, Peyser, a brother of de. ceased, liver at No. 63 West Forty-seventh strest, this city. ‘the deceased gentleman was in ailluent cir- cumstances, Mr. Sumner observed to som: He doe! leading mem- bers of the Women’s Su: vention, iu Wash- ington, that he never yet declared for or aganet rage. “Lknow you haven't,’ said Miss Tye watohed You as a cat watches 5 NEW YORK CITY. Death of a Miser—A Miscegenation Den— Custom House Changes—The Weather and the Open Hudson—An Early Closing ‘Movement”—Miscel- laneous Robberies, Sudden and Violent Deaths, Tho following record will show the changes tn the temperature of the weather for the past twenty-four bours in comparison with the corresponding day of last year, as indicated by the thermometer at Hudnut’s pharmacy, HERALD Bullding, Broadway, corner of Ana street:— 1869, 1870, 1869, 1870, 4 42 SP. M.. or. 43 8S OP. 80 44 12P. 26 Average temperature yesterday. 8485 Averaze vemperature for corresponding period last year... . ‘The body of an unknown woman was yesterday found dead in the rear of premises 99 Clinvon street, A Philadelphia merchant named Rogers, who had quite @ protracted interview with Mr. McFarland at the Tombs yesterday, on leaving offered to subserive $600 to the fund for the defence of the latter. Affre occurred at nine o'clock last night in the basement of No. 57 Crosby street, occupied by Wil- lam Nelson, manufacturer of chignons, His loss 4g $500; fully insured. Damage to vullding $300, At the request of tho Cuban Junta Laura ©, Hollo- way has consented to repeat her lecture on Char- lotte Bronte, at Cooper Institute, on Friday evening, February 11, the proceeds to be devoted to the cause of Cuban Ladependence. The Thompson collection of paintings has attracted such immense crowds of visitors to the Leeds gal- lery that the managers have found it absolutely necessary to open the upper galleries to afford ac comimodation to the public, The Board of Police Commissioners yesterday transferred a few men and dismissed from tie force William Irwin, of the Fisth precinct, who wa8con- victed of cowardice, in that he saw a man knocked down and failed to render him assistance. Anna Baker, an infant twelve months old, died at 124 Lewis street, from the effects of scalds about her neck and breast, received on the 24th ultimo by a dipper of boiling water falling upon her. Coroner Keenaa was notilled to hold an inquest over the re- Malus. Coroner Keenan was called to St, Vincent's Hos- Pital to hold an inquest over the remains of Mark Stinson, twenty-flve years of age and born in Ire- land, who died from the effects of injuries received by an aceldental fall while at work on @ rauiroad in Connecticut, two or three weeks ago. The fourth of a course of free lectures was de- livered by Mr. Bickmoro, of the American Bible Socicty, im the Amity Baptist church, ¥ifty-fourth street, near Eighth avenue, last evening. “Chine”? was the subject chosen, aud it Was treated with a minuteness of detail availabie only to the traveller in tye Howery laud, The remains of an unknown man about twenty. eight years of age, dressed in lignt coat and paats, dark vest and boots, were found floating in the dock at per No.9 East river. Deceased was five Teel eight inches In height, and had brown hair aud musiacue., Corouer biynn was notified and seat the body to the Morgue. Captain Jourdan in his search for some stolen property has met with abeut thirty or forty “switches” of human hair, for which he desires an owner, a8 he has reason to believe that they have been stolen. Any person having iost property of this description wil! do weil to communicate with Captain Jourdan, Sixth precinct stauon, Hrankiun etreei. ‘The second of @ course of lectures 1n ald of the building 1und of the Fifty-third street Baptist church, near Seventh avenue, was delivered last evening by the pastor, Rev. W. H. Pendieton, the subject being “The Holy Land, via the Classic Sea.” ‘The reverend lecuurer has lately returned trom a tour tn the Vid World, aud related much that was istructive and entertaining. The Grand Jury recentiy visited the pneumatic tunne! under Broadway and spent an hour in its careful examination, including the novel blowing end tunnelling machinery. The Jury adopted a report expressing their approval of the enterprise aud corrovorating in every particular the late report of the jegisiative commission ag to the strength apd entire safety of the tunnel, A young man named Peter Callaghan was arrested on Wednesday evening up town by detectives Levins and Humliton, of tae Nineteenth precinct, he being accused ot assisting in robbing the apartments of Mr. Tiomas Wheeler, No. $83 ‘third avenue, already reported in the HukaLD. Yesterday morning he was taken to the Yorkville Police Court, where he was committed, without bail, to answer, The publication of the new proposed city charter has created a great deal of concern in the Central Police Office, and scores are on the anxious seat, It bas been seml-oiicialiy ascertained that Superin- leident Kennedy, determined not to be | out, will within a day or two tender his resiguatioa to the Police Board, and thus steal a murch ou Albany politicians. Daniel Rosseter yesterday hada leg broken by a bag of wool falling upon him at-No. 45 Broadway. ‘Taken to Reileyuc Hospital, Mary Mace, of No. 17 Taylor street, Williauwsburg, Was run’ over by a Wagon in Broadway and slightly mjured. Mary Toouey, of No. 82), Fourth avenue, was seni to Kelievue Hospiiai 12 a desutate coudition. Micuact Hall, of 42 Mott street, was sent to Lellovee Hospi with @ broken leg. The Central Office police report that Bernar Clark, agent, of 122 West Thirty-third street, yester- ay reported at the detectives’ office tat while rid- ing down town on a Sixtn® avenue car, about eleve o'clock, @ pickpocket relieved him of a watiet con- taining $3,000 1m Currency and 32, detectives Were unauie to give avy p youd the simple announcement that ¢ reported, @ud do Dot vouck for its Wathi e case Was ness, Mayor Banks, of Balumore, and Messrs, McQo; Constantine, Cook, Miuroy, Ogle, Carter, Gill, su art, Miniken, Mulicn, Hyde and Beals, of tue Balt more Common Conncil, on their return from attend. Ing the Peabody obsequies callea at the City yesterday to wee Mayor ilall. The sayor beg ea at ue time the gentiemen were taken in cnarje by Margual Looker aua shown Lareugh the Govern or’s room and public offices and buildiugs to the Oily Bali Pari ‘The Hudson river beimg now open to Albany and Troy from this city, (he steamboat Couneetic at yes- terday made her eighih successful trip trom the lat- ter cities to New York with @ heavy cargo of fret and passengers. ‘This las never been accoimplisied before withia the mienory of the oldesy Inbavitauts, and refiects great credic on the owners of the in The Counecticut 18 at preset uuder the comun ot Caplan L. W. Barns, an experienced navig of tie Hudson ad or A large mecting of Ereanan Association was held last evening at their hal, corner of Olver and Henry streets, Mr. P. R. Ptelds presiding, After their usual business the members clected the following oMicors for the ensuing te Jeremian O'brien, President; John Kave, \ ice /’resident; Mi- chaei Frenci, cvecr lous Lange, Kecording Secretary; Wiliam Movonald, Financial Secretar, Miciacl Mantx, ‘Treasurer; Daniel Cuminings, Sér- geantat-arms. The following changes havo been made in the Appraiser’s Department at the Custom House: George W. Eastbrook appointed a clerk at $1,200, vice Charies Sanders, removed; Joel Thayer, clerk, At $1,200, vice George M. Palmer, removed; W. 5. Hunt, ee at $1,000, yice A. E. Reed, resigned; John F, Mills, messenger, at $900, vice Seth W. Knapp, removed; J. M. Cariisou, promoted irom a cterkship at $1,900 to one at $1,500; Maurice low- ers appointed a clerk at $1 0. Mr. Frederick Michel, of No. 61 Bowery, yesterday appeared before Justice Scott, at Nevex Market Police Court, aud charged man named Thomas Lyon with stealing from him eight empty casks, valued at forty-two dollars, Lyon, with two other men, visited Michel’s store on the 20:hof January and offered to buy the casks, and Michel, believing tne offer to be geauine, conciuded the by in. Lyon removed thom, but by some trick evaded the vigi- lance of acierk of Michel and so got of with the property, Heid to answer. Mr. Charles Fox, who died in a miserly manner at 661 Third avenue, lived aione and kept becnelor’s hall. He posseased considerable real estate, bonds, stocks, &0,, all of which Coroner Schirmer tarned over to the custody of Public Admimistrat erg, A Woman, claiming ta be & relative of deceased. 1 took charge of the barial. A post mortem examination made by Dr. Cushman showed that death resulted from Bright's disease of the kid- me Deceased was sixty-two years of age anda ve of Connecticut. ie been married, but ‘Lig wife died many yearsago, , ‘Yesterday a man named Robert Patterson, Jr., was brought before Judge Dowling at the Tombs, and charged with stealing a watch from the American Merchants’ Union Express Company. The pris- oner confesséd to Captain Jourdan that ho had robbed this company for a long time to an enormous extent, Jt 13 worthy of mention this 1s another tn- stance of the indefatigable industry of Captatn Jour- dan, and there is reaaon to believe that this man bas robbed the comnany of thousands of dollars’ worth of property, principally jewelry. Patterson was committed to answer. Professor Noyes, M. D., of Belleyae Hospital Col- lege, will lecture thia erenmng, at the Young Men’s Christian Association Hail, on “Sight and Hearing.” Tho points’of the lecture will be fully illustrated by apparatus separ for the occasion. ‘To-morrow Bayerd Taylor will lecture at Irving all on “Life in Europe and America.” ‘This leccure will be under the auspices of Post Phil Kearney, No. 8, G. A, R., and the proceeds are to be devoted to the benefit of the fund for the reilef of disabled soldiers and gall- ers, ‘Lhe experience and ability of the lecturer, the interesting character Ot the subject and the ovject of the lecture should certuiniy attract @ large attend- auce, . Atthe Special Sessions yesterday, before Judges Dowling and Bixby, @ young man named John Kyles was charged with malicious mischief vy shrowing & stone and breaking the window of Joseph Rich, 460 Canal street, It appeared from the evidence that there had been some under- standing come to by the traders of this ward in reference to early closing, and that Mr. Kich had nog complied with the requirements, A deputation Waited upon him, which, according to the witnesses, numbered atone time about 159 persons, During the interview, and amid some altercation, a stone Was thrown, doing the damage complatned of. It Was not proved that the defendant threw the stone, and he was therefore discharged. * The Manhattan Gaslight Company continue to manipulate the Board of Health. Over a year ago su order was made compelling them to, purify their gas by the iron process and abate the dry-lime nulsance created. Volummous testimony was taken before referee fowley, and when Board were on the eve of enforcin order the company came forward an pee promises got an extension. ‘he nuisance a8 continued ever since. On Wednesday the com- pany was cited lo appear and show cause why th order should not be enforced; but the Board gave them another extension, ‘This 1s ali they want— delay unul such time as the Loard 18 dissolved, in ne hope that their successors Will no longer annoy Cll. the the by Joseph Barron, of No.6 Monroe street, yesterday appeared before Justice Scott at Essex Market Police Court and charged three boys, named Thomas Foley, Francis Blackett and Thomas Ward, with stealing 100 pounds of tobacco, valued at seventy-five dollars, Oficers Jarboe and Shaivey, of the seventh preciact, arrested the boys, and Foley admitted the theft, stating that the tobacco had been sold to one Charles I. Maier, doing busmess at No. 45 New Chambers street. ‘he oftcers visiied the store of Maler, put he (Maier) denied having bought aay of the tobacco, Jarvoe and Shalvey then visited Maier’a residence, No. 47 Rose street, aud there recovered a portion of the stolea property, which had been secreted in a bedroom. ‘Te three boys were held on a charge of grand larceny, and Maier gave bati to auswer the charge of receiving stolen goods. About two o'clock yesterday morning, as officer Cael, of the Eighth precinct, was patrolling bis post in Laurens street, ne weard unearthly shricks proceeding from the dive im the basement of No. 38, kept by o white man named ‘Thomas y. Upon rapping at the door to ascertvin the cause of the disiurbance he was refused admittance, and giving the alarm rap secured the services of several oflivers on post in the vicinity, agam visited the dive. when they forced the door open, and were ushered into the presence of about cwenty-live persons, black and white, of both sexes, who were enjoying themselves ina manner that was disturbing tie neignvorhood for several blocks, @ portion of the audience being somewhat under the influence of the tangie-foot dealt out by Kelly, who, it 1s claimed, has po ticense. The party were ordered to form in line, and presented & fine appearance as they marched to che station house, at the corner of Prince and Mercer streets, a white man or woman being eandwitched in besween two negroes and vice versa. They were suvsequently arraigned before Cox, at Jeflerson Market, when tne propric- tor Kelly was reouired to furnnt bonds in the sam Of $1,000 to Keep tue peace, aad the balance com- mitted for examination, _ REDDY THE BLACKSMITH. Reddy Still Alive—Particulars as to His As- sailant and the Avsauk on Wednesday ivene ing. It was currently reported yesterday morning on what appeared to be reliable authority that William Varley (Reddy the Blacksmith) had died from the etfects of injuries received at Fiorence’s saloon on the previous night. This report was premature, Reddy's injuries are very severe end will in all pro- babtlity end fatally, but at present he ig alive, and has (he best surgical treatment that Bellevue Hospi- tal can commana. His assailant, James Hagearty, is at large—not arrested—and in a) probability will not be cap- tured, whatever the result of Reddy's injuries may be, Haggarty is weil known at Philadephia, where he bas been convicted for at least half +a dozen assaults and batteries. On the last occasion of a regular conviction he was dis- cuarged On condition that he never returned to the city again. fie ventured back afterwards and was gentenced to eigateca months twyprisonment in Cherry Hill State Prison, While in the van to be takon to the City Prison, prior to being sent to ry Till, ® gang of thieves and desperadoes, companions of Haggarty, broke into the van and ted hita. This occurred about five inontis a, Arty 18 ADUUE LHiTLy-cWO you about 18) pounds, dark rk Wh face, aud with in ti sides of nis can be me tis saloon and got ut elgnt o'clock at might he 450 completely under the mfu. lownon the floor In ove 3 Of the room. I s00n d aad orde: boLule of wine, aid asked ‘to take a drink with them, ana sponded. Ag soon as they becan {o talk 2bor ung inatters, 1 age. ‘The two men | ouier, and one to get’ him away, luo & few ng, and even could offer a0 Were sel their arrival, arty, agsisied by Ns 48 consid LOU, Hay ‘this is not f tume that Reddy haa got into This saloon Is the reso! we sporung nd also Of Lae prigcipel geinblers of the nbernood. fhe pro} wnat 10 ation, born y suluons Lave, ONAL VAYALIGS, MaiRi Free Lovo in Westchester County’ Model Husband, An oxtraordinary instance of compitcated mat mou relauons, occurring at Dobys’ Verry, on liudson, spneared in the HERALD a few days since, in which were portrayed facts in relation to a woinan, who after obtaining a separation from her husband married his assistant, while the former head of the house consented to remain a3 @ boarder, This outrageous disregard of the marriage obiiga- tion, coupled with the inaiference shown by & hus- band aod father to the wife of his bosom and tho mother of bis chiidven, has vad a fitting termina- tiou—one in full actord with the, perlaps, unprece- dentga strides in jus Instance made towards tho hidedus goal of “frte iove.”” 1. will be remembered that the woman (who fs the | wife of @ blacksutth), alter obtaining what pur. ported to be @ separation from her husbandt, pro- ceeded with her new ‘‘afinity’? to the residence of a clergyiaan in the village above named, and was then and there agited in matrimony with tue em- ploy# of her busbdnd, and that the latter oftered no objection, Dut remained in the family as a boarder. ‘Tie assistant, who bad Bo strangely become the husband of bis employer's wife, bore the responsi-°| biiity placed upon biuy for wbout a wees, when fall- rt. ing, it said, to obtain control of ny bat ia pogeession of his so-called wile, deliberately packed nis trank and passage on a Western bound train, making no secre! of bia Intention to geok ‘fresh Nelds and pas. tures new.’ Itisnot statyd that much opposition to this Unceremonious desertion Was offered by ihe “bride” of ® Week, who at once transferred her fret nusbond from the ignobie position of a boarder to his former siatus as husbaud Gud protectur; and Dow, walle blacksmith’s hamwer continues to ring merrily on hig anvil, peace reigns at his domes- Uc hearth, ‘Sboe, fy: don’t bodder me:!” MUNICIPAL AFFAIRS. now as. 9 has my eer oo did not know ean Ww number of votes except as I Pays my name is to those I Meeting of the Board of vas Sida announce the result of ie vote Know Aldermen. Auctioneers on a Strikc—The Tax Levy for 1870—-The Dribbling Awning Ordinance— Curbing, Paving and Other Jobs. ‘The Board of Aldermen assembled yesterday after. noon pursuant to adjourament, with the President, Alderman Coman, tn the,chair, The Aldermen were all present, except the quiet and somewhat antique Alderman Hughes, the handsome and dressy Alder- man O’Brien and, of course, alderman Florence Scannell, The lobby contained quite a large delega- tion, and, among others, was that wonderful can- vasser and witness, “which "8 name his Lane,’ leaning listlessly over the iron railing and looking, from time to time, at Alderman Guntzer as if he thought the Alderman should give him someting, or as if he Was walting, Micawber like, “for some- thing to, in fact, turn up.” Someof “the gang” remarked that he no doubt would take even a “red hot stone.” When the usual preliminaries had been disposed of by the gooa natured deputy and his active assist- ants the President took up the papers which encum- bered his desk, and, reading off their titles, speedily disposed of them by ordering them to be “laid over” or referred, as the case required. Among the papers Mmtroduced was one providing that the auctioneers selling real estate ta behalf of the city in 1366 should be alfowed the same compensation as allowed in 1869. The subject was referred to the Committee on Finance, as was also a resolution oraeriug a donation of some $9,000 to the Union Theological Seminary, ‘The thirteenth annual report of the Commissioners of the Central Park was received, ordered on file aud the usual number to be printed, A communicauon Was received from tlie Comptroller, transmitting tae ESTIMATE OF C1L¥ EXPENSES FOX 1870. As follows: For redemption of the rinet tl city debt : ete ee $685,421 For interest on the city debt 1,724,917 Por Board of Kducation...... seresee 2,382,000 For Commissioners of Central Park: 820,000 For Commissiouers Public Charitie: Correcuion.... For Metropolitan Fire De; Board 1,159,765 os 961,300 For of Metropoluan Police. Penses chargeable on city account..... 82,200 For Metropolitan Board Heatih (city account). sees 40,500 For general purposes of the city g ment, mcludiig municipal salaries and expenses of te city courts....... + 4,608,246 : $12,054,349 Less estimated revenues of the general TONG....ceccrceecerereeroosaceeseessees — %200,000 GORA: ce snecbstnccusseaneteoes $9,854,310 Tax levy for cliy purposes for 1869 w, $10,923,109 Estimate for 1870 a8 UvOVe..»...... 9,054,349 Less for 1870. $1,005,760 ‘The commanication was ordered on file. ‘The Committee on Law, through Alderman Jack- son, asked to be discharged fro the turiuer con- sideration of the paper providing for an amendment to section twenty-two of chapter twenty-four of the ordinances of 1886, ‘The ordinance as aiuended, pro- vides that all awnings or water sheas covering jess than the full widta of the sidewa:ik shouid have ample gutters attached to them for the purpose of ourryily olf the water, under @ penaity of five dol- lars per day for non-compliance atier March 1, 1570. ‘The committee was discharged and amendment = Was adopted. ‘the Board then took up tle tO! GENERAL ORDERS and adopted resolutions directing as followa:—To lay crosswaiks at Second avenue and 114th street; ‘ossing Of Vandam aud Varick sireei; 2 Hudson street; to curb and gutter Sev- enty-fourtn street froin First avenue to avenue A; Seventy-second street from Sevond avenue to base Tiver; to donate $675 to the First Presbyterian ehureu to al easterly opposite 1 and $3,600 to the school of St. Marcus’ cuureh; extend contract for paving Fourti and Pilih stree 8 from the Bowery to Mangin street; to place hydrant at Seventy-0fth street and avenue A; Ww erect £43 lamps opposite 1,260 Broadway, in tront of to Menbattan Christo- er street from Greenwich street to West street; entrance to City Prison and Pro to pave with Belgian paveme’ First atre at two o’viock P. M. THE 826 GUNTZER CONTEST. Continnation of tho Examination Bofore the Committee on Proteste—Tho Immuculate Laue on tho Stand—fall Swenring—Intelli« Canvassers-lapers Signed Without Being Read—The Accommodation of Bad gent Eyesight, Pursuant to adjournment the Committee on Pro- tests of the Board of Aldermon assembled yesterday As everybody had read the HeRatp and saw that there Would be some fun before the committee yesterday, at their room in the chamber of the board. the attendance was much larger than on the pre- vious day. The counsel on either side were present in full force and the contestants looked just about When the meeting had been called to and, as usual. order tho counsel for Mr. Guntzer arose, stroking his queer, blonde beard, grinning in his pe- culiar Way and commencing to talk in such @ way aa to give the Idea that somebody would be conferring an immense benefit by presenting the gentieman with & strong bandana. the committee would send to Police Heaaquarters and obiain copies of what parported to be resigna- tions of certain canvassers, aud which, counsel said, conid be proved to be forgeries. The Chairman, Alderman Miler, stat would fear first the testamony in regard to the dis- trict before them and would then deteruine what further proceedings should be tak Counsel for Mr. Guntzer then calied Canvasser Lane, Mr, Lane appeared and was sworn by the Clerk. He tesufied that he had kept a memo- randam of tie vote in the ‘wen district of the & enth ward, which show: vote tor Gunizer 160, Seger 27 and Levy 12, lie made out oue return. Mr. Geger (the other canvassex) made out anotuer, and one of tae poli clerks made out thy third. He then described tue posiiton of the and parues ion calling out Judge Philips, and during the cross-cxaminat on he pulled of one of bis corn-colored kids, wuleh, tor decency’s sake, he naught have kept ou, aud mserted tho tore finger of nid night naud ‘between ius clean sain turogt, putled it uround as if ke wanted to make room tor someting tough to come up or go down. He was quite Cool for @ time in giving Nis evilence, but he soon ap; fe stated, In rep 110 grow somewhat ner vise to questons by Judge Phillips that he aid not read the paper handed tim by (ho jerk WHICH Was to De § s Dight oF Lae it to the Station hon tion; that Ie was bs custom tine# to sigh papers without readiag them | when he was pres-cd willl busioess, \ Jt may, perhi be said ten, that he Rign: Jers Without reauing tuem if he ne’ 80 e whea pressed with business. The cauvess was wade iu a sing barbor shop under & t t house. Of set did hot ask if Vbat fact had anything to do with the “shaving” prucess whica Le scemed to think hud been prac- Used. Mr. Lane suid he bi: openly; that he had race inat piper for the satisfaction of the republican 0; that he had showa the papor to Mr. Willlam Ashtaan, but never showed a paper which had Switzer 64, Seger 73, aud oad vever told Mr. Ashman so. Counsel here sald that Mr. Ashman was a gent man; (hat lls word Was more worthy of ¢ bth: the word of the witness, wud that ho Mr. Aslan present, Lape to face wita and prove tiat point. Mr. Lano stated that he had never p Paper he made wat! he gave it to Aide of tu commie irom the Foard of The returns io possestton of tue shown witness, bu Ot alteration or Interiineation. One, he sald, was a 1itle cut and looked a little greasy, Dut teat was all. There was a yvilow look over two of the nes, ie had ciscovercd that on the night of the election, bot betore and after the canvass. He had never received @ Wa'ch a3 a present from Mr. Guntzer, (He said this in such @ Way as to intimate that ne tought he ougut to recelve a watch or something of tue sort.) Mr, Henry Seger was called. private tally any tally lint, reply to questions by Judge Philips he stated as The bavers are 1m tbe came stave follows:—' eaue, irom Seventicth to Ninety-secoud avenue A, from Eighty-iourtu to Nimety-sec- ond street; First avenue, irom 110tn to 1251n street; Fiity-sixtn street, from Broadway to Eighth avenue, ‘To regulate, grade, &c., 100th Ftreet, from ‘Third ave- nue to Kast river; to fag Forty-iourtu street, from Esgita to Ninth aveaue, and Fifty-sixth street, from Prondway to Kighth avenue, and to renumoer sirsets north of Fifty-nintn street and east of Filth avenue. The Board, on motion, adjourued to Mouday next, Counsel then asked that that he i the room on the night of the during the Canvass, aud the mode of the tallles. He was cross-examined by iar (4@ had @ clean colar on) and Ma rand from | ne could NOt discover any traces | Ho was thafellow | suMicient auin io deirny capyasser of Lane aad his testimony went to show that he had made outa return, but that he did not know what tio vole was; he copied his return from the papers made out by Mr. Laue and knew nothing more abont tho vote ivan wes shown on tho papers; he thought they were all right becaugss his name was on them; he signed the papers without examining not man named Fraus who keeps on Second u two after the electionsmay hava been in an y eM Gunlaee: dO not remember that v 10 oI pare When I was there, but don’s At wis point counsel for Guntzer Seriogs, opened his mouth wider, 11 PP ry ina he usually holds it open. Lane—who sat somew! behind the counsel, and who had been nodding oF shaking his lead to Singer accordingly as he wanted er yea OF no—lookod forward and (eneae dictu) eoaned, actually biushed, xamination resumed —Can't detect H have not very good eyesight. brecthar vis Here counsel for Wuatzer claimed that the wit- sse3 may NOt know What crasure meant, and claimed that in regard to auytuing paceat on the face of the paper the committee were us gooa judges as the witness was, Witness testified that he could see no evidences of erasure or discoloration on the papers; ho made the returns a day or two after the eicction; it was not four days; did not know what the duty of the can- ‘assers was in regard to making their returns within Specified time; resided in the ward: did not know Who the Alderman was; did not anuounce that he would take the returus to Alderman Repper. In his redirect examination witness stated that the igures agreed with bis impression and know- ledge, 80 far us it went, of what the vote was. . Counsel for Mr. Seger objected vo this, inasmuch AS Witness had positively testified that he did not know what the vote was, and his impression amounted to nothing. As the witness had answered hi auesod, notwithstandiag the objection, 1b was lowed. eget committee then took a recess until Monday at THE FIRE UNDERWRITERS. Meeting of the National Board—Measures to Increase the Efficiency of, the Organi- zation—Important Proceedings. At s meeting of the National Board of Fire Under writers held on Wednesday last at No. 156 Broad~ way, Mr. James McLean presiding and Mr. William Connor, Jr., secretary, the following report was. Presented by & sub-committee of the Executive Committee:— To THR NATIONAL BOARD OF Fink UNDERWRITERS :— GENTLRMAN—At the meating of the Executive Committee held on the 9th day of December, 1869, the ‘allowing resolu tHon was adopted: Resolved, That it be referred to a special committee of five Meinbers of the committes to consider and report to the National Board at {ts next meeting the relation which ite members hold to the national organization and the obstacles. or influgnces which toterrapt aod distract is operations; and also what measures, if aay, may ba adopted to corres! no evil. ‘The tinderaiyned committee, appointed in conformity with the above resolution, would respectfully beg leave to submis the following report :— ¢—In regard to the relations which the members of the National Board hold to b other, we would say, That, not- withstanding the express wording of the constitu tng avery member ty subscribe ty the articles uf nothing of the kind bas been done, conseque nas been one of underatandiny ia, iL bas been understood that t tion of she National Board though no member Lad agreed to be so bound. Secumt—As to “the obstacles or influences which interrup? and distract fis operations,” they ean be nummed up 1a a few Refusal on the part of some members to be bound on of the board {n paruicalur instances, bad fait haye been understood to consent to the le» id mers mpetition. r EE. may be ad as an india} lopted to pensable many see articles pig. aryociatton sha’! be known as “‘The National Board of re U AD Jerwriters of the (nied States.” insurance company of the United States, or any ageney elon company, may ver by subscribing 4 obligation, jects and purposes of tits board are declared to be as To extaplish and maintain, as far of unitoria rates of insurance cond "0 pensation to agents and bro Third~To repress incsadlarism and arson by combining tm suitable measures for the apprehension, conviction and punishment of criminals engage? in this nefarious business, wth—To devixe and give eect to Measures for the pro- nof ourcommon interests and the promotion of our members of the Natiooal Board of Fire Underwriters, hereby pludge ourselves and the compa nies we reprenent to abldo by the rules, nd re quiremenis adopted by the National Bos ecutlve jommittee, That wherever a local board exists, and we have An agent, such agent ehall become a member thereat. Thab in all ph a risk at less and upon thet 40) practicable, « tect: pledye ous comp the exponsen o! the National Board, Hime to tine, and do all we cm While we remais members thar ‘The committee would also recommend the adoption of the following :— Zewolved, That when ay company falls to carry out the letter aad apicit of the pledges eutered ii ith the National i of rire Unierwr: he rourmatances: shall be reported to the maseting, and such company Kevoived, That no agent ren panies hereafter be uilowed to company not » menver of tals organizatio Resolved, That when any company has been expelled from shall at once be ren to every com, Board, and also to every local board, agenis also represent any company Suumodiacly, require, auch axents to resign y 80 expelled or withdraw th al Board com: agency of any the National Board, not tu 1 ‘immittes would recommend the 01/00 = of rates be placed in the hands of locel boards Ia every place where such an organization exlats, aud no interference therewith shall oe exercised by any department of the Natlonal Board, except at the requaat Of the local boa re manifest’ uafairn 0 National Board shall have power t connected with any Ln- to adjust the dificult ido cotapetitiog, we think that tn all cases ition fs active enough to warrant, th should be made at the lowest possible peytog Spy any company Writing at leas wilt be ui doing. In the-matter of duos we would au to wend nome person oF compe surans a ‘0 the Hoard saall t upon the ti we think, will ve better saiis(aclon api onut to bo paid wad ily submitted. Ds. HEA ) JON B. LLOREDGE, > Committee, 3.8. PARISH 5 Yesterday the Hoard reassembled for the pnepose of diac gand taking flual aciton on the report, The atte times exe wee Was large aud the discussions ab . ‘The resciitions were discussed and adopted senurmely. Along aud earnest debate took upon the adopuion of U: 1 cz was ab ned compas tended only by nies. The d sarising from cutuag under the rates of tie } y ‘d by outside compa- nies and guerilla agents were set forth in strong lang’ Uue of te ofilcers of a Boson company said that the agents of outside compe had cut under the rates of the National Board vo such aa extent that tie sound compauies of that cily which onged vo the members of the ny Diedge Ourselves aud the compa. Je by (ho rii#a, regulations acd Lug National Boatd oF us kxecutive 7 ate W # to €0 89; ¢ loval board, nor Allow our m secoud cunviction for placing repay at leew evant stows of the | and 0pon sky either to bur own OF 4 OF VI04 ing any ard, we th hy 1 is Lereby recogulzed aa of binding » second resolution recommended for adoption also Caured a sbarp discussion. Some oi the meme. bers Claimed "ha: as vag @s Loe Companies beloage Ing to the Nation Board employed agents who also acted for outse companics tue tormer would Other ineubers Balu that it would be mnen cto keep a check on outside Coin panies through seli8 bhan Lo have the DUSIAESS OL Those Coun. 0 into Lhe Gands Of guerilla agents. resolaugn Was awendod, and was finally adopted in tue lowing form Kosoived, That 20 agent eativg National Board com- o¥ wlowed Vo Lold the ageacy of any ber o€ (his orgaplzwiion, aniess with tue ais other compaiNes, and'of a tuajority of jocal bourd’ of witch sald ageut law Competition Were stricken oat, relerence Lo the matter of ques was arneuded as follows and edoptea:— Ve would suggaai thas tha rife by umonded #0 thet each company 1g wo Lie ard shall pay anvually to of Phy doliare aud Gue-tenth of oge por eaat ou tho age busi astyenr. The balance of the amount wanve Dusizews of company. Pali aod give The Board (ben ad! PRESIDENT Hare e understand vung partot Bante Unio, he We Ol iidward asning particuiarly desivcd by the Teveads of Geu rrfsen in this vieinty to be done in the way of men grounds Whore ie Cone he will urge le passa and linprovement of the stig busied, aumating that f & bil appropriating & expenses. We have no doubt but thet our Leytoature would jola wich that Of Ohio in approprin ing &@ sum sullicieat to perform cre ditwoly @o iu Work, 11 the mater was urged upon tts ab » Itis really a shame thas tho last resting place of one Wo, in his time, was $0 great @ pudilc benefactor shoald bs almost up- marked. Let measures be taken without dey, #0 ‘that this shatwefal negiect of the memory of one 80 ee beloved may net be coulunued.—Lawrenve- (dnd,) Frese,