The New York Herald Newspaper, February 15, 1870, Page 5

THE @60RTS. an Proceediags in the Courts Yesterday. The Olark-Bininger Bankrupt Case—De- cisions’ in ho United States Circuit Court—Tho Rulings in the Siate Court Not to be Interfered With—Frand- ulent Income Returns — The Drawback Frauds—The Sow- ard Will Case—A Dog Case. (MITE STATES CIRCUIT COURT. The Clark-Bininger Bankrept Case—Writ of Prohibition Denied. Before Judge Woodrum, Mm the Matter of the Petition of Abraham Bininger # al, (oho are crédtiors of the said Bixinger ana Adranam B. Clark) for @ Writ of Prokbition,— Judge Woodruff, in rendering decision in this case, seys:—The petition shows that upon the petition of creditors of Abrabam Bininger and Abraham B. Qlark, composing the Grm of A. Biminger & Co., the Jatter have, by a decree of the District Court, been adjudged oankrupt, and that the said Ctark is now prosecuting in this court, 1n pursuence of the sec- ond section of the Bankrupt Jaw, a proceeding for the review of that adjudication; nut prior to the institntion of the proceedings in bankruptcy in the District Court the said Clark had filed his bill ta the Superior Court of the city of New York against his partoer, Binluger, for au account- jog and fur the settiement of the affairs of te Ouparumeronip, the Daymcntol whe debis and the dis- Lawdnon oi We assets, und therein & receiver had been appointed who was, or claimed to be, in the possession of the property of ure orm; tuat after tue proveedings in bankruptcy were mstituted the said Ulerk commenced successively two actions ta we said court, und procured from that wibunal injunc- tous restraining the petitioning creditors from prose- culing tue saia proceedings. Wai, then, 18 tac ju- risdic.iion wuich this court has over the proceedings set for in the petition? Firsi—y @ petition of review Clark, the plaintiff, in the actions in the Su- perior Court, has sought in this court a review o1 toe accree of the isirict Court, Wherein he is adjudged @ bankrupi, ana, for the purposes of tuat review ‘this court has acquired juris clon of those procecd- ings. But the exercise of that jurisdiciion 1s 1n no Wise Obstructed or iteriered wilh vy ihe actions prosecuted by him in tue Superior Court. He may pursue that apoeal to the revisory power of this Court, and the respondents therein inay here insist upon the correciucss of ube decree of the District Court, and tuis court will proceed to hear and re- Yeise or ailirm that decree, entirely unaffected by ‘the pendenoy or tie prosecution of those acuons, aud the action of this court iu the mater of tual re- view verminates with sucn aftirmance or reversal. Af such decree ts ait rmed, the decree of tae Lisirict @ourt stunds as the decree of that court and not of ‘this, aud to be carried into due execution by that @nu not this cour, Second—lhe argument of tne cgunsel for the petitioners involves the sasumption ‘Ulab Dy IOrce Of We second section O1 the uct of Con- gfess Commonly called tae Baukrupt law, tis court ssesses, concurrently with the Visirict Court, all ¢ powers conferred by the first sectiun upon tue last named court. And, therefore, whatever im- joe Une execution of the dcerecs of the strict Court or ovstrucia or interferes with the aomuinistration of the estate of the bankrapts by tout court warrants the petition- rs in msisiiny tat the exercise of the jurisdiction Of this court is obstructed or hindered and in elalmiog in this court that the writ of provibition ts necessary. In the first place tais overlooks tae familar doctrine that where the jurisdiction of the tWo courts 18 concurrent the one whica first obtains Jurisaiciion of the suoject matter and of the parties ®y the uctual imstiiution Of proceedings therein bolas such jurisdiction exclusively of the otuer. But in the next place the act of Congress Goes uot so bend or conlound We two cours ia the adminis. twauou of the Bankrupt law. ‘Lhe cousts are distinct wader tut act, us Under all others, and exercuwe a beparate jurisdiction, eaci In i1tsowD spiere, For the purpose of carrying out tue provisions of the Bankrupt law the Visteict Court bas ampie and ex- ehisive power. Jlu3 jurtsdictioa, wich 13 given for revisory wod perha, § advisory puqgposes to tae Cir- UIE Courr,it can exercise, hotwitbstanding the pend- eucy aud the prosecution of tue acuons meutioned an the peuttion herein. The exercise of tat jutis- diction is not ovsiructad by auytamg snown by the outed. 1b jUriBdICtion OF Lis Courtin the caso in question, ‘go lar as shown vy wwe pettiion for the writ of prohibition, arises on a peution Jor a review oi the adjudicanon mado in tie District Court, deciaring Bilger & Ciark bankrupts. ihere ig no impeditnent to the exercise of that jurisdiction, the alleged procecdings in ine State coart mm nowise Laveriere therewith, A peotibition of such action ta ihe siave court as is set out 1a tue petition 1s not bevessary ior the exercise Of auy juridiction in the matter of the bankrupty of Bintger & Clark, Which the Circuit Vourt has acquires. This court Cao review, lu Lue Maaduer aud for all the purposes cCuntempiated by Une second section of Unis act, the Divers, aecisions and decrees already mude or Which muy be made 10 the District Court, Such re- View cauvot ve readered Mogerauve or Ineiectual by apy action of tne Swale court. it belongs to tae District Court aad not to this to curry into execu- tion its urders aud decrees, Lf, therefore, it wus as- sumed that a Siute court stands m such a relation ty the federal court tat, “ugreeaviy to tue prin- chp.es aud usages of law,” a writ of promibition Cowid be issued by the latter to the former, the peti- lon belore us dues not preseat a case in which such writ ig necessary Lo the exercise of our Jurisdiction. 1 have preierred to place we opmion upon the gTounds ubove stated, not only because these ques- tiuns o1 the Construction of the secund section are Of immediate practical tinporlance, Dut -aiso be- wause they are directly invo.ved ki and are decisive i olver INOUOns pending before Us 1a the Bame pro- ceeaings mm bankruptcy miGatoued Ia tue petition. The mution must ve denied. Another Phase of the Eisinger-Clark Case— Petition to Have the Property Now Under Seizure by Judgment of the State Court Delivered to the United States Marshal. In the Matter of Abraham B, Clark and Abraham Bininger, Banicrupts, on the Petition of Jonn 8. Eeccher, Assignee tn Bankruptcy of the Estate and Egects of the said Bankrupis.—Judge Woodrut ys:—The petitioner herem applies for an order erecting the Murshal to take possession Of the joins estate and property of the above mentioued bank- Tupts, an order restrataing and enjoming the bank- Tupts aud certaia persons leretwivre appointed re- ccivers Of the said Joint property (iu an action pend- We mm one of the Svate court vetween the said baukrupis for the setuicment of their copartuorsmip aifairs) irom any interierence witit the said property, *w the end that the said property may be brought ‘Within the jarisdiction of the Jivtrict Court fur we Beuthero disuict of New Yors, or wathia the juris- diction Of this court, And that tue District Court, Or this court, may Collect tue as3ets of the suld bankrupts, ascertain wad Myuidate heus, adjusy ‘priortues and coullioung mleresis, Warsiat and dis- pose Of Lhe tunus go us Ww secure tue rights of all juries, und make due disirivution amoug all thé crediters; and u thereapon the proceedings on tais etit10n may De ConLinued by order of Uns court in He said Vistrict Court, aud Liat ihe said Olark may De restrained and enjomed from turtaer prosecuting Dis said geuion agatass bIoliger in the State court, and that le be directed ty permit the peutiouer (assignee in bankruptwy) to prosecute such action in the name of the said Clark, and by such attoruey a8 the petitioner tuay employ, and jor such other or furtaer order or relief av may be proper, The Question us to the Jurisdiction of the Federal and State Courts in Bankruptcy Procecdinas. In the Matter of Abraham Bininger and Abraham B. Clark, Bankrupis—Jonhn 8. seecher vs. Abraham Bininger et al.—Judge Woodrat again says:—In deciding the various motions which have been pre- wenuted to the court in the above proceedings, the facts alleged and the claims of the parties have been more than once recited. For the understand. ing of the present motion 1 will Buflce to say toat Abrahum 8. Ciark bas brought this pe- ution of review ‘to this court, alleging that the decree of the District Court pt Dim and his copartner Bininger bankrupts is errone- ous and Ought to ve reversed. He has algo com- menced actions against the petisioning creditors in tue Superior Court of the city of New Yor«, com- plainiug of the conduct of those creditors in petition- Any tor such decree, alleging that tue decree is erro- neous in law and in fact, and that it was sought through improper Motives and vy collusion with nis late r, and hag obtatued & temporary injunc- tion to Festrati their prosecuung their procesdings. ‘the petitioning creditors Dow Move that this Court by its order require him to elect whether he will fur- ther prosecue his pelltion Of review in this court or those actions in the State court and that uniess be clect abandon an discontinue the later, bie sald petition of Teview be dismissed. 1t would not be respectful to the State tribunal to assume that the decree or Judgment of the Pistrict Cours or of this court would Dot there be regarded as conciusive ior all the pui- pose for which it 1s conciusive here, That, howeve: is not to be discussed on this motion, If the peti- tiouer prosecutes his review in due form and be Without fait therein, Wwe deem it proper to hear it. We musi, toereiore, decline w require the petitioner to make the election sought on pain of a dismissal of his proceedings, SUPERIOR COUNT—CHAMBERS. The Clark-Bininger Cuse Agaia= Tho Court Kuows Ltsett? . Before Judge hicCunn, Clark vs. Bininger.—Upoa the pending motions in this cage, to punish for contempt, coming up yes- *arday, all the partios appeared ip court, and as NEW YORK HERALD, TUESDAY, FEBRUARY 15, 1870.—TRIPLE SHEET. — gome of the counsel said they had not seen the @pinions denvered by Judge Woodruil in the Otroult Court of the Umted States, it wag proposed to ad- Journ the bearing of the motions, Se ae said that while he bad no desire to push the argament in the preauses, yet counsel were bow eagaged, notwitnstand: Judge Woodrat’s decision, in making a new motion before the Bank- rapt Court to bave the Marshal iake possession of the property of Clark and Bininyer. dudge MeCunn interrapted counsel and satd—"*Yon need not be alarmed about the bankrupt court’s get- ting possession of the assets of this firm. This court ‘Will return at all hazards the p. rity now 1D ts control, Judge Woodruff Las, as this court under. frands, decided ueary ali the questions in favor of the jurisdiction of tis court, and while we will anb- mit most cheerfully to all Judge Woodruff may sug- feat or do, yet We will take great care that no inter- ference on the part of the baukrupt court or its mar- shal shall take piace, Bheriit’s onicers are now 1M tui) peasession, and will remaia so until the ques- tions ef jariliction are. fully dewermned,” ‘The motions are ued, sccordiygiy, uotil a week SUPERIOR COURT—SPECIAL TERM. A Peticeman in Contempt of an Order of the Court—Auother Attachment Case. Before Judge Spencer. John W. Morrow vs James W. Waiker.—The Plaintiff recovered a judgment ayainst the defend- aut, a policeman, tn 1867, After the recovery sup- plemental proceedings to execution were taken out, and on the return day of the order Walker was de- talied on duty, and could not put in an appearance. ludze MoCuno, not deoming this a good excuse, or- dered a commitment for contempt to issue against bim, On the return day of tas second order Mr. ‘salinan, counsel for Walker, aypeared and stated to the Court that tbe defendant was sick and unable to attend. Jnage MeCunn again held that that was no excuse, and ordered testruony Ww be taken to deter- mino whether ibe man had beeu properly served or noe Finally the Court issued another at achinent against Walker tor contempt, and direciing him to pay the juagment of the plaiptit and $250 costs, Subsequent vo this the attachment Was withdrawn, aud irom 1867 to tae Lith of January of the present year the matter has been neld in abey- ance. On me iith of January che Judge issued an attachment ty the Sherif direcding kim to lock Walker up and keep bio tn jan until he paid ¢700— the amount of the judgment and costs, From that order the defendant appeaied, and now the motion coines up for a stay of proceedings until that appeal siall have been argued, Judge Spencer suid that unless there was some foou authority shown to the court to the contrary he wouid grant the stay The matter was accordingly adjourned to give counsel an opportunity to produce authorities. SUPERIOR COURT—TAIAL TERM—PART 2. Fraad In the Tavue of Commercial Paper. Before Judge Jones, Yale Nattonat Lank of New Haven ts, J. A. Wetsse.— This action was brought by the plaintif to Tecover the amount of a note made by the defendant for $5,000, and which was passed to @ third party, who repassed it to -plaintul. The defence 1aterposed was that the plalutiif was not de facto the holder of the note for @ consideration, and thav the person who passed it to him had obtained it from the defendant by fraud. During the progress of tho trial the testimony for the defence developed the fact that afier the discovery of the fraua set up in the answer he had voluutastliy renewed the note, upon which the present suit was brongh Jadgze Jones held that this act of the defendant was & waiver of (ne original fraud, and directed the Jury to find for plainuif, whicn taey did in the sum Of $5,423 UMTED STATES COMMISSIONERS’ COURT. Frandulent Income Keturns—Collector Bale ley’s Raid Merchants Charged with Making False Returas of Their Incomes, Before Commissioner Osvorn. The Untted States vs. John H, Anderson.—The de- fendant appeared yesterday for examination, charged with making & false and fraudulent return of hisincome tothe assessor and collector of the Thirty-second Collection district. Collector Bailey, with his usual perseverance and zeal in the fattnful discharge of his datres as Collecwor cf the most im- portant district in this cliy, has been recently closely engaged in examining alleged frauduient in- come returns gatd to have been made by persona doing business as merchants and commercial men in this clry. Jn the case of Anderson, the defendant, the foliowing aiidavit has been sworn to and piaced on file in the office of the United States Districts AL torney:— United States District Court, say Southern Distrtct of New York:— M ebb, being duly sworn, deposes and says that as he is informed believes, on or about the 6th di March, 186), 1 Anderson, doing ol nthe Bouthern district of ‘New York, Joba i, Dusiness at 89 Franklin street and Teslding at No. 106 Wew Forty-tirst street, did deliver or di to the Assistant Ansessor of Internal Revenue of the district which he resides a false or frauduient return, account or statement of hia ine: ing oF proits fur the year ending December 81, 1468, with intent to deceat or evade the valua- tlon, enumeration or assessment intended to be mace In vio- lation of the statutes of the United Slates 1n such case: and provided, M. F. WEBB. Sworn before me this 8th day of February, 1s70—GroRGR F, Bkx7G, United States Comuitssioner, When the case was yesterday called by the goy- erament, counsel tor the defendant asked that 1t migut be laid over ior one week la order to give hig time to inquire into the circumstances connected with it. He tatd that he had made no prepuration Whatever tor the delence of hs client, in conse. quence of a great press of business, and again asked as @ matter of privilege that the trial be suspended for @ short ume, in reply, District Attorney Jackson said there Were #0 many cases ef tila nature consiantiy occur. Ting, that & became the linperrative duty of the gov- ernment to proceed with this examination. ‘The witnesses for the government were reauy with the evidence, and he saw no roason why Uo trial saould 0s proceed, The defendant’s counsel again objected, but the Commissioner decided that the case must be tried, aud proceeded tw call the witnesses. THE TESTIMONY, Mr. George B. Hayward, an Assistant Assessor of Internal Kevenue, testified a3 fo.lows:— I know defendant by sight; became first acquainted with him on the wth of October, 1oo8; I went to his place of business aud asxed to examine his books as an internal nue vllicer; he sald that the books were stowed ai stairs, but ‘that he‘vouid have a stavemeut prepa: return; I went away, and when ment was rhuwn to me whica I pronounced unsatisfactory anc incomplete (statement here produced); I then asked to examine his books ; this he refused to allow; sald he had made oath to ils returne ond that alould be tacen as satisfactory; I ved & stiamons from Superviser Dutcher, but ing itupon the defendant f again asked to look at his bocks; he rep.ed that he did not possess auy books, a young main ie employ having soli them for old paper; & few minutes alter tus he contractcted tls statement by that he had himseif soi to his porter 4; L have wi the books and given the 1 then served the summons upou him ce calied at Ms. Anaerso: ; Udo not know where they are now; have defendant; he said, in explanation of his case, that he had met with losses which the entries In his ooks did not show, and he thought it, therefore, but just to deduct them. a Witness here produced some memoranda in evi- lence. The counsel for the defendant was then asked if the books of is client were 1p his posseasion. ‘fhe counsel replied that he nad not as yet seen the 6 te . At this point the Commisstoner adjourned the case, to give lime for the production of the pooks, Tho Blatchford Alleged Drawback Frauds, The papers connected with the indictment of Samuel T. Blatchford for alleged drawback frauds, Which were sept to Canada to be used in the Cald- weil exauiination, have been returned, and are now in the oitice of United States District Attorney Pierre- pont. ‘hese Custom House cases will come up for trial during the ensulog March term of the United States Cirouit Court, SUPREME GOURT—SPECIAL TERM The Seward Will Case. Before Judge Cardozo. William H, Seward and George M. Grier, Exemt- tors of Samuel S. Seward, Deceased, vs, Edwin P, Seward et al.—This was a sult in equity. On the 13th of April, 1848, Samuel 8S, Seward made his will and died on the 24th of August, 1849. The will ana codicil were proved before the Surrogate of Orange county = Le} ett year, Cry plaintiff William H, Ware su eoqaen: Appointed by Edwin P, Seward and George W. Seward two of the infant dren of the vedtator, ag guardian over the then infant caildrea, to whom } bad been be- queathed. ‘The complaint sete forth that after tho Appointment of the plaintiits as executors they jointly took possession of the property, the tpi Grier uaving the + Management of he a) rt if * thi sr eeath the ume of e of the testator Kdwin PY. Seward and George W. Seward were in indigent circumstances. Demnnds for money were made upon the executors by the legatees named in the will, the custody of the estate being then in the hands of George N. Grier and Wm. H, Seward, the other executor being absent from Orange county, where the families of the interested resided. In the early part of the year 1868 @ portion of the children of E. P. Seward cited the plaintiffs to ap- pear before the Surrogate of Orange c wo aceount as executors, but no proceedings were taken, ‘Thé plaintids aver that from ume to time they made large Qudvances to the chilaren sp -apealion, of about ‘£17,000 A of same. over and abovethetr just distribution. Mary Jayne, and her husband, De Witt Jayue, by virtue certain ments trom ome or more of the defendants, objected to the accounting made by tho rage on the grounds .that tie ciuidren, z heir Minority, Were not entitled to any funds, their maintenance devoiving on their fathers, and moneys paid them ought not to be cl the estate. it ap} Portion of his estate into twent al five for the children of George W. Seward an: five to be divided among the children who might vo bora efter tke execution of the will, Both &. P. Seward and G. W. Seward remarried and had chil- dren, $94 & ques.ion arose as Ww their Cclalias, The complaint further prayed that an action might bo taken in acourt of equity for @ gencral settiement and that the defendants in the meanume be re- Strained, Some time since Judge Cardozo restrained fhe defendints trom commencing any lone) ings, and du tite NOW Ab tague. "Some of the defendants oleim thas toe tiled the pay: Ment of the whole income t ving children, end hen that their father was seeponeion’ for ther mamtenance aid education, aid that the executors were not jusiied 10 paying out any money belomring to bie estate. ‘The bearing of the case ovonpied the court the entire of yesterday and was not concluded, SUPREME COURT—CRCUT—PART L Action for Kent of OMices, Before Judge Ingraham, Jacod Carpenter vs, James J. Morison, (mpleaded ‘WuA George W. Markham,—This waa an action for rent alleged to be due. The plaintiff and the co-de- fondant Markham, who was a witness for the plain- ud, awore that in December, 1866, the defendants who were then isriet denne the office No. 9 Nas- ‘sau street from ‘Ist of Janaary to the 1st of , 1867, irom the plaints, defendant Morigon admivted the partuership with Markham, and also the fact that the co-de- Fe cern ae desk room, Lan In the [epalh ce, any agreement to Fen' contended that by agreement with the piamtit toe deiendants were only to pay the gas and janitor’s bila, which they say they yi of the piainel Oarpenter and ils wituoan, the, Goce rpenter an witni fendant Markham. The jury brougut 1a @ verdict for the defendant Morison. SUPREME COURT—C AMBERS. Decisions Rendered, By Judge Barnard. Valentine vs. Sohultz,—Motion granted and refer- ence ordered to hear and determine. The People exrel, Farnum vs. Farnum.—Motion granted, Jardine vs, The Mayor et al.—Motion granted to hear and determine. ‘ Karst vs. Sitih—Motion granted and reference ordered. Maurer et al. vs, Grace.—Motion granted and re- ference ordered. Gilman vs. Seckendors.—Motion granted. In te Mater of Opening Avenue St. Nicholas, de. The petitioners are not in this petition ented to any relief, Brower vs, The Mayor et al.—Motion granted. Rowan vs, Sencervorg.—Motion granted and refer- ence ordered. McMahon vs, Linderman et al.—Motion granted, Raynor vs, Randau et al.—Motion denied. Mary D. Loomis vs. Henrt B, Loomas.—leport con- firmed and judgment of divorce granted. Matoney ct al. vs. Loutrel,—Judgment ordered. Cornish vs, Jones et al,—Motion granted and refer- ence ordered. In the Maiter of John Foley vs, The Board of Su- pervisors.—See memoranda, with RK, C. Beamish at champers, By Juage Cardozo. Marvin vs, Hogman et al.—See memoranda, MARINE COURT—PART: 2 A Dog Case=Action for False Imprisonment. Before Judge Gross, Hutton vs. Dantel Molan,—This was an acticn brought to recover the sum of $500 for false 1m- prisoument, The defendant, an Italian, somo months ago lost a valuable setter dog, which he was very anxious to recover. In bis searchings alter his lost canine iriend he visited, among other similar establishments, the branca ‘“deggery’ of the noted fancier, Mr. Butler, in Brooklyn. Here defendaut imagined that he discovered the object of 1s anxious search, 1n an animal of tue same classification ag the lost one; but, as after events showed, it was but a counterfeit presenument; and thereby hangsa tail. ‘The defendant kept ns knowledge and his diplomacy to nimeelf, and soon struck a bargain for the counterfeit present- ment, to pay sixty dollars for the antmal on deltver: atthe Harlem Railway depot. Mr. Butler accord- ingly despatched the dog by an empioyé of his establisament, who, when he arrived at the depot, had the dog taken from him by the platnuiit, who cla'med {t as his lost propery: A policeman being attracted to the scene which ensued arrested the plait, who was kept in durance vile for two days and then brought betore Justice Dodge, at the Jetter- son Market Police Court. In we meantime the de- fendant found, on closer inspection, that he had got the wrong dog by the car, aud, of course, there Was no comp.aint as against Mr. Butier’s man. ‘The latter—tho piaimtin—now sues fur $500 compensa. Uon for faise arrest aud imprisonment. . ‘ine above statement of facts having been sworn to Judgo Gross submitted tue case to the jury after avery c.ear exposition of tue law relating to lalse imprisonment and malicious prosecutions. Te jury, afier a short absence, returned averdict ror the plaintia; damages veo dollars. COURT OF GENERAL SESSIONS Before Recorder Hackett. SENTENCES, The first prisoner disposed of yesterday was David Ieed, who pleaded guilty to an attempt at burglary in the third degree. Un the night of the 26th of January the liquor siore of Richard Ternan, 99 Fullou strect, was burglariously entered ana some cigars taker. Ile was sent to the State Prison for two years and six months. FELONIOUS ASSAULT BY A OHINAMAN ON A LITTLE poy. Antonio Corn, a Chinaman, was convicted of an assault with a dangerous weapon and recommended to mercy. It appeared that tne prisoner kept a cyrar stand In the street and the boys were in the habit of stealing from inn, On the isth ot January three boys sto.e cigars from him, and in pursuing them he drew a smali kaife and stabbed a little boy named James Moore, woo was not engaged in the theft. The Recorder sentenced Corn to the State Prison for three years, observing that had the yuiy not recommended tim to mercy he would have sent hun to the State Prison for five years, in order to show the community that the reckless use of weapons must be stopped. ALLEGED ROBBERY. James Russell was placed on trial charged with being impicated with two men in rovpng Paul Trigoli, on the night of the 24th of December, of an accordeon valued at $50, The defence proved that the accused was a young man of excelient charac. ter and tuat he wus speauing the evening with a re- spectable family at the ume the robbery was com- mitted. The jury rendered @ verdict of not guilty, without leaving Lheir seats, GRAND LARCENY, Michacl Hennessy was acquitted of a charge of grand larceny. Peter Van Buren was in a drinking salvon on the 15th of January, and when Henuessy asked him for the loan of @ dollar he handed hima fitty doliar bill, which Hennessy gave to Peter Cain to go and get changed. Cain did not revurn; but as there was no iclonious intent shown, and as Hen- proved an excellent character, the jury ren- dered a verdict of pot guilty, veter Cain picaded guilty to an attempt at grand larceny, he having been jointly indicted with Hen- nessy. ‘That being his first gfence and other miti- gating circumstances having been shown the court, the pees sent him to the Penitentiary for ax months, ‘Thomas Foley and Francis Blanto pleaded guilty to petty larceny, they baving been indicted for sieal- tug a quantity of acco on the 18th of January from Joseph Baron. They were sent to the Peniteu- tary for six months. herman Cordes, who was charged with burgla- riously entering the saioon of Louis Smith, No. 449 Sixth avenue, on tne 21st of January, and stealing a box of billiard balls, was convicted of grand larceny and recommended to mercy. He was sent to the State Prison ior one year. COURT CALENBARS—THIS DAY, OYeR AND TERMINER AND SuPREME CovrT—Orn- cuit—Part 1.—Nos, 487, 1465, 1806, 1807, 2119, 1831, 1877, 189%, 1767, 1641, 1949, 6507, 4247, 18891, 190754, 1913, 1919, 881, 1921. Circait—Part 2—Nos. 948, 35, 1198, 1506, 1608, 244, 1483, 498, 1546, 34, 836, 1194, 23444, 1120, 1566, 982, 62, 1590,484, 1602, Circult— Yart 3—Demurrers.—Nos, 29, 20, Law and fact— Nos. 262, 260, 236, 68, 125, 166, 192, 205, 247, 248, 264, 61, 62, 109, 180, 172, 181, 221, 267, 274. SUPREME COURT—CHAMBERS.—NO$, 130, 179, 180, 181, 194, 227, 239, 255. Call 301. Surgsion CourT—TeiaL TerM—Part 1.—Nos, 33, 1335, 1151, 803, 133, 132, 1317, 1106, 1319, 1323, 1337, 1839, 1941, 1343, 1845. t_ 2—Nos. 2056, 1508, 1258, 1108, ee 1010, 1896, 2044, 2086, 2088, 2090, 2094, 2090, ComMON PLEAS—TRIAL TERM—Part 1.—Nos. 477, 383 714, 600, 340, 171, 1701, 746, 747, 748, 749, 750, 761, 762, 753. Part 2—Nos. 660, 164, 765, 767, 768, 760, 761, 762, 763, 764, 765, 766, 768. MARINE JOURT—TRIAL TERM—Part 1.—Nos, 4007, 246, 4466, 4795, 05, 185, 164, 179, 223, 258, 267, 345,.252, 357. Part 2—Nos. 146, 249, 4330, 95, 280, 4522, 4109, 193, 197, 291, 295. BROOKLIN COURTS. UNITED STATES COMMISSIONERS’ couRT, . Alleged Post Office Frauds. Before Oommissioner Jones, Untted States vs. George Judson.—The hearing of this case, in which the defendant is accused of hav- ing robbed the government while cashier of the Post Office, was to have been resumed yesterday, but, as counsel for the defence was engaged else. where, it was postponed until to-day at one o'clock. . SUPREME COURT—CENEAAL TERM. Before Judges Barnard, Gilbert, Tappen and Pratt, A general pened rd a will continue during she week, ie non enumerated ae eeton wil pravabty be readered cry couar, Action Against United States Marshal Dallon. Before Judge Thompson, Jane Heatherstone vs. Patrick Dowling ana Francis L. Dallon, United States Marshal.—ihe Plaintiff tm this case, which has already been re- vorted in the HERALD, brought suit to recover dam- a7ps in the sum ef $5,000 for the alleged iilegal seizure Of bor siore ubiemey on . The derendans Dowing made the under a bankrupicy Warraut ani by order of the Murahal. The jury sound for dcvendants, COURT OF SESSIONS, Alleged Seduction. Before Judge Troy and Justices Voorhees and Johnson, Viotor Vandervecr was placed on trial yesterday sferaoon, under an indictment charging bim with seduction under promise of marriage, the compiatn- ing witness being Maria Koasleyn, ® handsome young woinan, apparently about twenty-three yeara otage. Tho testimony of Miss Kossleyn showed that in the summer of 1833 aye was emplored a8 house- keeper by the defendant, at his residence tn Classon avenue, and that while acting in thet capacity she yielded to his wishes and became the mother of twins. She claimed thas she was of previous chaste character, and produced several witaesses Who swore to this asa fact, ‘Phe defence is that the young woman was not of ehasie Chargcter previous to the alieged seduction. ‘The Court adjourned before witnesses were examined for the defendant, OBITUARY. Joseph Wesley Harper. Not many months havo paased since, with un- feigned regret, wo were called upon wo record the death of Mr. James Jlarper, the oldest brother and head of the firm of Harper & Brothers, To-day, with equal sorrow, we announce the death of Joseph Wesley Harper, which saa event occurred early yes terday morning, at theresidence of-the late publisher in Brooklyn. He was in the sixty-uinth year of his age, having been born in Newtown, L. 1, in 1801. ‘The father of the vrothers Harper was 4 substan- Wal and respectable farmer of Long island, He ap- prenticed bis sons James and Jovn to a printer, and after they bad served their apprenticeship and entered into business on their own account he placed his remaining sons, Wesley and Fietcher, with the young men. Early in the century the firm, Which now stands secon! t0 none ia the United States, was founded. +n 1822 the subject of this sketch was admiited to partnership. From the start he displayea great business capacity. is literary taste waa pure and clevated, all the books selected by him for publication meeting, it 18 said, with marked success, And not only in choice of literature did he contribute to the advancement of his tirm. Wheao he became a part ner the eatablishment was by no means what it now 1% At one time he performed the duties of foreman of the compostug room, and we believe that het Was whose cool courage and determination pre- vented what threatened to be a most disastrous loss to the house. As the sory goes, there was @ large amount of work on hand to be Published within a specified time, Some book, or books, in fact, were to be got out hastily, to anticipate a rival publisher, At this important moment a majority of the printers, inci- ed by a couple of discontented spirits, struck, and notified Mr. Wesley Harper that they would not re- sume work unless he agreed to certain conditions laid down by them, He promptly refused, and plane ing himself at the door of the composing room re- mionstrated with them at their conduct. “Will you not go back to work?” asked Mr. Har- per mildly, “See you d—d first, and then I won't,” returned one of the leaders. The next momont the trav tpyo was knocked down, picked up again and hurled out of the room. The second ringieader advanced with belligerent in- tentions and abusive language. He quickly shared the fate of his colleague. After gettting rid of these troublesome spirits Mr. Harper conversa amicably with the men, pat them in good humor and ended by compromising the matter m a manner agree- able to all parties, Sach is the story as wo find # in & nowspaper paragrapn, It fs doubtful If many other men Ww: bave acted so summarily, but 1 proved the only effective method of preventing serious ioss (o the drm. But although, asappears from the foregoimy, air. Harper would hever succumb to tnreatening demands, he was always a considerate and generods foreman. In bis intercourse with printers he met some disreputadie characters on whom kimduees would have been ut- terly lost. being most pieazant, est discipline he su ship of a!l whose good opinion was worth having. At o Inter period than wat referred to above he took the position of proofreader, put did pot hold It @ very long while, The firm had by this time in- creased fts business greatly and had already achievea an enviavie reputation throughout uie United States, On Mr. Wesiey Harper devolved all the literary work of the eatablishinent, Aliliough he had not enjoyea the advantages of a collesiate education bis reading Was e Xieusive aud varied. He had cultivated a close acquaintance with Knghsh lierature aud was con- Versant with ail of Coatiwental ilverature that was Of #ervice to iis business, His style of writing was Oinished, though sinpie and uuaffected. Many of the preiaces in the Works Comprisiag tue old family lorary were written by him and are noveworthy for their compacuness Of expression, Mr. Harper, however, Gid not write ofea at any ume and os years on he wrote less and less A large number oi the works subduiitted to the fi for publication were read by him, and his oritical judginent was always tound correct, ‘To tis creait 1 said that neither prejudices for or against an author determined bis decixion, Kvery manuscript read by nim was wetzhed according to its merits, aud the rigid bupartiatity with waich ue acted, added to the soundness of his judgment, naturaily enavied iim to exercise @ preponderating influence in the choice of books publisned by his house, For many years be was tue real conductor of Harper's Magazine, wat few articles appeariug that bad not been examined and approved vy hig. Mr. Harper also conducted the liverary correspondence of tne firm until bis eidest son was admitted to the business, when he transferred this arduous duty to him. His letters to wushors were always worded tno a apirit of kindnes that charmed the reader. To the ualortunate writer whost book had been declined he even extenued hearty sympathy, aud did not fail, M the production exutoiied marks of aviiity, to en- courage him to persevere, Except a8 a publisher and literary gentleman Mr, Wesley Harper was not known to te puoic. in- deed, his elder brother, the Jace James Harper, was and has been the only member of the firm that ever received the suffrages of his fellow citizens, and even then the oiice was not sougnt after. Aside from his business character, tacio was much in Mr. Harper's private lite to aduiire. Personally he was modest to shyness, Quiet, uuassuui- ing, @ model of geutlemanly courtesy, aad ever mindful of the feelings of others, he was never known to utter language to others tuat could aggrieve or wound. He belonged to what ts calied the “old school’’ of gentlemen. His suavicy of mau- ners and thought{ul consideration for o.bers en- deared him to ali the empioycs of Harper & Brothers, as wella@sto Dis immediate relatives. ‘to those in trouble he ever ient a ready car aud’ was willing to aid the poor and unfortunate with his money and with personal attention, if this lust was needea. ie took @ warm fucerest in the welfare and comfort of his subordinates, to whom he was always accessible, and who found in bim a ready friend and aaviser. For some years Mr. Harper had been suffering from the disease which has ended his earthly career of usetulness. The physical sufferings that embitter some men’s temper were endured by him with @ calm and serene resignation. Me had been, during the greater part of his lie, prominent member and officer of the Sands street Methodist church, in Brooklyn, and was noted for his sincere devotion to the tenets of Christianity. Strong in ais faith of a fature (ull of light and love ia a better worid above he met death undismayed. The death of his brocher James was a severe biow to him, and it doubtiess Rasteued the close of his own ite, said to have remarked that ne would be had made next one to go, and se he reparations to leave the summons did not sar- rise Ever since Christmas he bad been con- P Tat him, fined to bis room. During these weeks of suffermg his cheerfulness and genial temper never forsook him. His last moments were worthy of his lye and of the Christianity be professed, When he ielt tuat his end was approaching he summoned his famtiy, the old servants of his firm and hus friends, und bade them a tender and touching farewell. Full of faith and of hope he passed away, leaving pening him the fame of a good man aad @ Christian, to enjoy Wita bis Saviour the felicity of heaven. Jacob Tick. A telegram from Philadeipuia reports that Jacob Tiel, a soldier of the war of 1812, aged seveaty-seveu years, was found dead in hia bed, In that city, yes verday, He participated in the batily of biadens- burg, and was a wituses of the @uroiug of Wasuing- ton by the Britiah. Thomas Mandoll. ‘This gentleman, @ prominent merchans of New Bedford, Mass,, died yesterday, age soventy-eight ears, He was prominently before (uo pablic at bao sone of the executors in the Howluad will, ‘Which became famous in tie @W Courts. DRarm AFTER SICKNESS OF THiatY YEATS.—The Easton (Md.) Gazette states taal Mrs. Louisa Melvin, the widow of Captain Meivip, foruierly of tue United States. Navy, died at Royal Uak, in chat county, last Week, Tis lady had veca &u iuvalid jor over Wwiriy Yeas, for twenty-five of walci, & icast, auc Waa comploteiy bedradiden, Bursting of a Boller im West. Thirty-third in Decker's paper hanging tactory, Nos, 616 and 517 West Thirty-tnird street, which for a time created quite a commotion in the neighborhood, and which pomridd Bellevue livspitai and te end was next would have probably resulted in great loss of life had it not been forthe fact thas all the operators were at dinuer when the accident took place. Wright, bookkeeper in the establishment, happened to go into the engine room during the absence of the engineer, who had gone to dinner, and noticed that the boiler was leaking badiy from sev- eral cracks under some of the bolts, Anticipating | Interesting Proceedings in the Board of Alder. ‘that aa explosion might occur he remained in the place until the engineer, John Donnelly, returned, when he informed bim of his discovery. Donnelly at once saw the danger and began to draw the Gres, but before he had completed his task the boiler ex- ploded with terrible force, the concussion blowing him a distance of several rods into the adjoining yard. But excepting these he always referred to nis career as load of the composing room as While maintatniug the strici- ceeded in winniag the friend- TERRIFIC EXPLOSION. Street'— Miraculous Escape ‘of the Operatives—An Exciting Sceno— Threo Persons Injured —‘A Brave Engineer. A terrific exploston ocourred yesterday aflernoon It appears that about a quarter to one o'clock Mr. A NIGH OLD BOILER, The engine room of the factory was a simple shed, ip the rear of the main building, and when the ex- plosion occurred the engine, which was @ horizontal one, shot through the roof of the structure and into the air at least 100 feet above the highest houses tm the neighborhood. In its descent it struck the roof of the three story building Nos. 619, 521 and 523, immediately adjoining the paper hanging fac- tory, and crashed through to the ground floor, crushing to atoms every timber 1 came in contact with, A BIG FIRE. At the same momert that Donnelly was blown into the yard the force of the explosion dashed the the fire from the furnaces through the entire Jength of the ground floor of the factory, vhe strength of the concussion carrying with it all the doors which divided the shed from the factory itself, The consequence was that Im a second the whole establishment was wrapped in a sheet of fame, and beforejthe engines had time to arrive at the acene every fluor of the establishment was caught up by the devouring ele- ment. When the engines did arrive the flames were raging furiously. The engmeer, Donnelly, had in the meantime been rescued by @ police officer from his dangerous position in the yard, as were Mr. Wright, the bookkecper, and a workman named George Hussey, they being the only persons who were unfortunate enough to be in the engine room when the boiler exploded. Several sticams of water wore at once thrown upon the fire as soon as the firemen could get well to work, but for a time their eiforts proved uaavatiing, aud it seemed as though the flames were destined to stretch over the whoie block. #lnding it utterly Impessible to contine tiem to the buliding in whicli the fre had originated, the men endeavored to stem the progress of the coulla- gration by playing” upon the adjoming buildiugs, bul all Lo no purpose, for in a few minutes the floors of the paper factory begaa to fall in with # territic cTasi, @ad the flames extended to the packing box factory, No. 618, which they suon cuoumpieiely en- veloped, AN FXCITING RCENR. The excitement in the neiguburbood at this time was very great, Men, women aid chiidren, aimost Ali iriends or relatives of persons workiag tn je factories, rushed peil mell through tue street aud eudeavored to get Dear the buromg bullaiugs; at times struggiing flerceiy with the police to eater the “lines” and calling upon everybody they came in contact with ta know something of the late ot tose whom tiey supposed to have been work- lug in the factories when the fire broke out, Captain Cuifrey, who was present, maui- Jesied his usual coolness ond tact on te occasion, and managed at the same time to quiet tne fears of the anxious relatives of the operatives, and to keep them from exposing taemse.ves uecd- jeasly near the buildings. Indecd, bad it not veen lor Lae energetic efforts Of himself and OMlcers Waen tre Inteilhgence of the accident was first binted avout in tue viemkty there might bave beea ® serious 1089 of life from the wopetuosity of the bun- deeds Who demanded admission witha ts tre lues. WHAT MIGHT TAVE BEEN. Over ten hours elapsed beiore whe flames were completely extinguisned, and it was nos until then, wheu all che operatives had put in an apo that their (rieuds became satisiied tuat taey been 108t in the conflagration. Tiaere were Liwvo very fortunate circumstances thac preventet tho expid- sion irom becoming a very disastrous accident. ‘The first, waich has already becn mentioned, was that al the operauves were at dinoer when the boiler burst, @ud tue second was that when tie boiler fell At struck apart of the building , Which Was used for the machinery and bolt packing box factory, Wituoutexploding ane ce wolch was located’in u, 'Yois portion of the butiiiag was a sort of house In itself of Une Baine heiz Nt as toe man build- jug, but divided trom it by @ brick wail. ue bouer, Wuich exploded, 1n ite descent through tins brick enclosure, actually sivuck the tubular boner, which was used for tue working of the wa- chinery of the packing box estublistment, and kKuocked of several ol the steam pipes. ad the tubular boiler oven 60 struck as to have been ex- ploded the loss of jife that would have ensued (as there was at the time some elgateen persons work- ing on the third Moor of the baliding) would have beca appalling. TWO INTREPID POLICEMEN. Quite an excitement was occasioned during the fire by the rumor that on the tuira floor of che packing box factory a womau, a mem of the tauuly of Thomas Withamsoa, one of the proprie- tors had been torced back invo her room by whe smoke and was Unable to escape. Two police ofi- cers at ounce vo untecred to seek for her, and aiter mach personal risk reached the room, but found lat all the family had escaped. Jt 13 staied that the borer only had fitty pounds head of steam on when it exploded, aad wat ity maximum rate was sixty pound: A BRAVE ENGINECR, Donnelly, the engmeer, was dreadfaliy scalded about the head, arms and face. He was taken to his nome after the acctdens and refnsed to go to the bos- pital, {113 courage, manifested in “drawing” the lires at the risk of 113 life in order to prevent tie accident which he foresaw, ts deserving of tue hign- est praise, and his employers will douptiess reward bun for it, THE DAMAGES. The other two men who were injared, Wright and Hussey, were not very serlously injured. ‘hey wero taken to their homes by the police. Tne building No, 516 and 617 was totaly destroyed Wiih ail its contenis. The stock was insured for $7,000 in the Merchants’ Insurance Company. Tue buliding was owned by George W. Chapman, and was (ully insured, The third floor of No. 613 was occupied by Thomas Williamson as a hosiery estan. lishment. The stock was insured for $4,000 in the Firemen’s Gompany, of Hartiora, Conn. Toe first and second ffoors were unoccupied, The fourtn foor was occapied by Mr. Fitzsimimons asa shirt fur- Dishing factory, who lost heavily in stock. A por- tion of this floor was occupied as a dwelling by Mr. Fitzsimmons. His entire furniture was de- stroyed, The building belonged to Mr. Pearson, and was damnaged about $5,000. Nos, 619 and 628 were insured Jor $25,000, STARVED TO DEATH. How a Man Lived Five Days on One Pound of Crackere—Then Died. People will readuy believe that destitution exists 1m this city, often to the extremeat degrees, but few will credit tho statement that there are many In the heart of this popaloas and philanthropic metropolis who every winter perish from actual starvation. In the regions of Water and Cherry streets and in the heart of the Sixth ward thou- sands now tenast damp, filthy and lousy cel- Jars, unfit for habitation by the lowest hogs. One by one these people sink into nameless graves, and after @ brief interval their places are Glied by others. Thus these vile holes, which for humanity’s sake should oe instantly closed to human occupancy forever, become the established channels by which poor, sick and suffer. ing men, who yet have something to live for,pasa mio forgetfulness, That some action is demanded no one who reads the following case, discovered by the sanitary inspectors, can deny. Where are those missions whose office it i to per- form acts of charity? They implore tne congregations of the cily. ‘bh Mk of their Marvellous works; bul how isit that aelitzen, un- | der their very Boses, suflers ant finally dics tro ‘Want of food? How Is 1, also, with the omteinis— the Commissioners of Charities, and Correction ? | ‘Lhedr atvoution 18 layited to the Jolowlug:—On the evening of Saturday, February 6, inspectors Post | and Ly, of the Bourd of Heath, ‘in searcuing for | relapsing fever accidentally heard of a man who | was lingering im extreme desatution av No. i10 | Water surest ‘They sought wuese premises and | descended to the dasement by a pair or | ijapidaied stairs. Once upon tue lanung of w dark. dreary and fithy hovel they ia sped | for admitiance, ‘There was no * response Lirey rapped again und again, aud yet ail Was stilucss, For @ quarter of an’ hour they kept Up tucir endeavor to gain tae inveriox, bus without door oj ene, and were about aval, Pinally they used violence, ana burst the graapea out bingy in Y grquped al m Perhey could od find a w give i op, Fly stumbied against something which turned out Lo be the torn of a man proswated by siarvation, ana sufering at tne same time frou pneumol ‘Taere was no furniture in uke roo.n——no comnforta, DO Necessaries of exisience; not even light was there; hardiy Ife, ont the clear shadows of inuuman death t ‘The apartment was small and was Woree than the fonlest sewer. The ceiliug was several fect pelow the level of tne sidewals, and the foor was Covered by stagnant water, em.tting foul vapors, In such a place us this the ‘poor, unfortunate wan, going on towards sxty years of uge, had lived for ve days, slowly dying for want of nourishment He sabsisted during that time upon one butter crackers and Was uitery unattended and uncared for. Inspectors Pos and Ky secured his loo bie darkness fe MUNICIPAL AFFAIRS. THE COMMON COUNCIL CONCLAVES. mon—An Independent Miller ‘'Kicking”— Guntzer Ousted from His Place— Paving and Other Matters of Minor Import. Tne Board of Aldermen assembled yesterday afternoon, pursuant to adjournment, with the president, Alderman Coman, in the chair. The members were all present save Alderman Scannell, and the lobby was crowded almost Ww suffocation. ‘The faces in the lobby were so ‘Teutonic and so comic that if a costumer could reproduce them in pasteboard he would certainly make his fortane by welling caricatures of haman pbysiognomy. When the usual preliminaries bad been disposed of the Papers eneumbering toe president's desk were taken up and elther ‘laid over’? or “referred” ag was Most appropriate. Among the PAPERS INTRODUCED were resolutions permitting Isaac Lockwood to reg- ulate and grado 124th street, from First avenue wo Hariem river, directing the paving of fifth avenue with granite pavement similar to that mow on Broadway and known as the Guidet pavement, and the paving with Pan! Natioual pyvement 114th street, from First avenue to avenue A; 124tu street, from Third to Fifth aveuues; Kighty-iisn street, from Second to Fifth avenue, and ILivh stroe:, from Third Fourth avenue. The Committee on Protests, through Alderman Mil- Jer, askea to be discharged from tus further consia- eration of the PROTEST OF SEGER AGAINST GUNTZER, offering at the same time the reportot the commit tee. Almost alithe eyes in the lobpy were now strained to the utmost, the Teutonic necks were bent torward, and ali the othor accompaniments of atrict attention were geen, The deputy clerk had just eniered upon the reading of the report, when Alder- man Miller, who with séme good show 1s aiming to be a leader, rose and moved to have tne report laid on the table and the Board take @ recess for haif an hour, Now, Miller has grown to be a power in the Board and his motion was respected. AFTER RECESS it was noticed that the good and intelMgent looking Alderman Guntzer was not present. The crowd tn the halls had swelled considerably during the recess, and when the doors were opencd it required all the strength, patience and perseverance of the repre- wentative of the Smith family to keep the crowd from Hooding the chamber through the private door, When the puviic door was opcued the *gaag” ‘beatonic pare aod puilea and fought their way into the lobby in the most bolstrous style, aud in a fow seconds the beuces im the lobby as well av Lie space inside the railing Bud beuind toe aider- mantc chairs were crowded, Amoug the crowd within tie sacred precincts, among oLoers, Was the rudite, eloquent and elegant ieyguslator from the ‘Thirteeath ward, Wuo has coutracicd a severe coid from Keeping fis coats open to show tne massive god chain wulch his admirers proseated him with. ‘Yoea there was bepuly Sherif vewpsey, with bis good natured face covered with Wiusbes that would ao credit to @ full blowa peach, ani McGowan, from Judge Bixvy’s court, 10 6 & Span new overcoat, and ‘Tyler Keily, wao has been paving Wwe way tor nic, Beger tacouga the bivouless battie for aidermanic honors. la the lovby, aiuong the tndescribaols crowd, Were Canvasser Ginger, Whose eyesigut Was BO Dad he could bot distinguish any erasures or aiterations in tne oulelal returos, The tanuacalace (!) Lane Was not present, its charming cowatenwnce, ca ary Kids wud brillant apd vuninesds-ake wir ()) wero s His “steerer” Was presous, uowever, and quite enough. the Presideat had called ‘to order” Alder- Mun MiLLEs arose and woved W take trum tie Labie ue REPORT OF THT: COMMITTEE ON PROTESTS in relation to the Seger-Guutzer cuse, dud that the report be read by ine Clerk. ‘ie motion Was adopted. The Deputy Clerk, Mr. twuwey, arose, and after giving te uscript report a reguiar stage jerk, and “heui’’-ing ouce or twice, processed to read the report of the couuittes, ins report wis lull, lengthy and expucit, Beiure Mr. Lwomey got through he was obliged lo “tuke water’? two or turee times, eiuer On account of Lue Wouga Charac- ter of che report or bis own rapiaiy imcreasing auiposity. Tue report dilated on the necessity of preserving the purity of tie ballot box and interprewng fully aud fairly tue Wili of the peopie in Lue choice of om cers; Geprecated the appolatwent of ion Olllcera who have bad eyesigut and cannot sce aiterations that are plain to anybody eise; adirmeugtoat che sys. tem of goverument would a Oe subverted if tricks and Irauds plain a6 tao8s Whica were perpe- trated In the Mstance before them were allowed to go unnoticed, and wound up by giving i aa the opin. jou Of Lae Committee that Mr. seger Was justly en- filed to the seat in ihe Boara now heiu by air. Gontzer and Includiog @ resviusioi awurdiag tho seacnow held by Mr. Guulzer to air. Sezer. Daring the reading of the report there was a pecu- liar “hush,’? ‘The crowd it Me lvbuy Was Vory quiet, aud wuen the resolution was read aad adopted by & vote of 17 to 2 une silence Mainwioed by ai present Was almost painiai, if tuere ve aay truth im the saying, “ollence gives cousent,” thea all who were present must have agreed with tie veruict, for there Was # silence pervading We Whole sceuc which wag wost intense. ; ee afer the adoption of the resolution the ist of GENERAL ORDERS Was taken up. The Crown Aqueduct Department Was @irected to contract for the paving of Fourth and bith streets, from Bowery w sitiion street, With woodea paveinent. Kesolutious were also also adopted aL ims Uke paving, wilh Belgian pavement, of Chariton stree, frau Mcvougal to Veat street; Sullivan street, from douston +9 Uanal; Prince street, irom Lowery to Cuarlion street; Ei- dridze street, from Divisioa to Houston; Ludlow strect, from Canal to Stanton; to graut douations to pay usseasinents to St. Josepi’s Mowe for Aged Fe- Inaies, Church of tae Holy Communion, Lady of sor- rows, University of the city, the Germau Evangeii. cal Lutheran Emanusi Assoctauon aod the Lexin, for similar service in 1909. 16 did not appear who the auctioneer was that was to veaet by th arrangement, but Alaerman Ailller ‘kicked’? agi and nad the inatter referred to tne Finance Cor mitiee. The resoution in regard tw takug of one half of the sidewaik @ tue nortuerly siac of Fulton street Was, on motion of Aldermau Long, re.erred to the Committee on Streets, A Jarge amouut tn the way of regulating, curbing, guctering, liguing and such like work was ordered. waiver winch tae ourd, On MONOD, adjourned ua Monday aext, at two F. BOARD OF ASSISTANT ALOZAMEN The Board met yesterday afternoon, the president, Mr, Reilly, presiding, A resolution Was adopted directing the Street Commissioner to report to the Board by what au- thority the Knickerbocker Ice Company are widening pier NO. 49, at the foot of Leroy sueet, sorta th ‘The tax levy was received from tue Comptro and on motion it was referred Ww thayolicer, wi power to seud It to Lue Legisincare. ‘Tue Board then adjourned uli Taucsday. THE HARLEM GEROT TAAGEDY. The Killing of Mr. Peyser—Censure of the Herlom Railroad Company. Coroner Keenan yesterday concluded the inqul- sition previousiy commenced tn tue case of Mr. Mor- ris M. Peyeer, the Boston merchant, who was crusned to deaih at the Harlem Railroad depot, the particulars of Which bave heretolore been puolshed in tho JBRALD. Two other witnesses ja relauion te the accident were examined; but their evidence re- vealed potting of special finportauce, Wovster Beach, M. D., who made a post-mortem examtnation on the body of Mr. Peyser, deposed to Unding the rikg on the leit le crushed in and ba fractured, tm his opinion ihe result of some viovence, . ‘The case was thn submitted to the Jury, who, after @ protracted deliberauon, rendered We ollow- log Verdict: “TDat the deceased came to pis death by bein; crushed between a car and the gate of the yard #itached to the Harlem Ratiroad depot on th 2d «day of February, 18/0; aad they censure the Barlow, Railroad Company lor beriecting Ww warn the deceased of danger Woon sald car was driven ine Bic said depot