The New York Herald Newspaper, February 24, 1870, Page 5

Proofs of Debt in Bankruptey—A Custom -oMowing point was raised:—“That where a yadg- v@annot be proved in ‘bankruptcy and ' a THE COURTS. | Proceedings in the Courts Yesterday. - House Case—The Van Saun Frand- ulent Pretence Case. UNITED STATES DISTRICT COURT—IN BANKRUPTCY, Proof of Debts in Bankruptcy—Important haw ‘Queation. Before Judge Blatchford, um the Matter of Stephen Brown, a bankrupt, the ments recovered against a bankrupt after en ad- fudication of the bankruptcy against him, on a debt ‘which existed against nim prior to such adindica- wfon, the debt 18 so merged in the judgment that tt judgment be proved, because it was not an existing debt at. the time of the adjudicatfon.”? Judge Blatcniord says:—‘the theory is that the Was so Managed as to be extunguisked, and that the Judgment constitutes a new debt, which takes date trom the time of tts recovery;” and the holds:—*‘There 1s no doubt of the correctness ‘of this prineipte ax respecus proceedings in Ordinary Cases against. the debtor or his property, but ib has nO-application under the Bankruptcy act.” Postponement of Admiralty Business. -Im consequence of the engagement of Judge ‘Blatchford to sit in the United States Circus Court ‘with Judge Woodruff on the trial of ex-Judge Ful- Jerton and others on the Ist of March next, there willbe no gay calendar m Admiraity ll further Botice. UNITED STATES DISTRICT COURT—IN EQUITY. » Before Judge Blatchfora, - United States vs. A Lot of Velvets, Rivvons and Trimmings.—This was o suit on the part of the gov- ‘ernment for the forfeiture, condemnation andsale of slotof is upon which, as it was alleged, wes due $3,000 for custom fees. ‘The case was somewhat compiteated, but after all the evidence was.im the Court found for the claimants on cases numbered 6 and 7, and for the government on cases Nos. 8, 9 and 10, the Court also remarking that there. was no apparent attempt to defraud on the partwf the clahuanis, UHITED STATES COMMISSIONER'S COURT. The Ship Neptune Case. Before Commissioner Shields. Wiliam Jones and Others vs, Captain Peabody and Others.—In this case application was yesterday made to the Commissioner to have the examination ~set down fora aistant day and for separate exa- mination. Commissioner Shields said that in consideration of -the ulness of defendant's counsel he would adjour: the hearmg till Saturday next, but would not grant separate trials, deciding that in this case, as an the Neptune, plaitils and defendants should sail in the same boat, subject, however, to more impartial, jus- slice. ‘The case 1s set dowh for Saturday. SUPERIOR COURT—SPECIAL TERM. ‘The: Van Saun Fraudulent Pretence Case. Before Judge Spencer, Albert Van Saun and Augustus H., Wheeler vs. Samuel C. Barr.—This extraordinary case was again brought up yesterday, when the argument in the. motion to vacate the order of arrest was to have een heard. Owing to the case of the Baldwin es- tate being still on trial, however, the hearing was postponed until Monday next. ‘There is a volumi- nous -set of affidavits to be used in the case, and mong them is one made by the defendant, who swears as follows:— ji ae itt of Samuel C., Barr, the defendant, rth . £0) during the last part of the month of September, 1869, or the first part of the month of October, Ai praponsse this eing the cashier of the firm of Van Saun & Co., the intiits, Would draw the check of said firm upon Di to wit, the Atlantic National Bank of the cny of New: York, for the sum ol $8,000; that this ponent go to said bank and have the check certified by it; that the certification of said check by said bank, according to the custom of said bank an cerufying checks, would be made in ink and in the righthand corner of said check; that after ob- 8 LH. Wheeler, one of the plaintfts, taining certification of said check py sald bank this deponent could very easily alter-said check by changing the word “eight” to * the letwer “y”’ to the said word wells i,’ and by add- ing an “0” to the figures ‘$8,000,’ the said $80,000 instead of $8,000, after the said check of $8,000 had been certified by the said bank; that this deponent could open an account with the Tenth National Bunk and deposit the afore- said certified check, and within half an hour or an hour afterwards could draw ont therefrom the sum of $80,000, and give to said Van Saun & Co. the sum of $40,000, returning the remaining sum of $40,000 as this deponenw's share of the transaction; that the said Wheeler would swear that ‘the sald certitied check, altered as aforesaid to the sum of $80,000, was reguiar and according to their books for the sum of $80,000, a6 aforesai thercof, and that go the matter would be set for the Tenth National Rank, the piace of the deposit of said check, and the Atlantic National Bank, on Which said cheek was drawn, to fight it out; that this deponent utterly and entirely re- tused and declined to have anything to do with this transaction; that, therefore, said Wheeler told this deponent thas if he (said deponent) was not ‘willing ana disposed to do this transaction as above set forth, and get back for said Van Saun & Co. the $1,500 alleged to be due from this deponent to said Van Saun & Co., that they (said Van Saun & Co.) ‘would at once commence legal proceedings against ‘this di eee for the recovery of said $1,500, and woutd have this deponent arrested in said procee ings for obtaining money under faise pretences, and ‘would use every means in their power to force said deponent to pay the said sum of $1,500. The affidavit of J. Dows corroborates the above, Albert Van Saun, one of the plainulifs, swears In his affidavit that wien Mr. Barr applied for the loan of $1,500 no one was present In their office except Barr, deponent and Augustus C, Wheeier, and that Joseph Vows was not present, nor did he (deponent) then know that Dows had anythtog to do with tle transaction. For piaintiffs, Samuel Stevens; for defendants dudge Curtis, COURT CALENDARS—THIS DAY. -OYER AND TERMINER AND SUPREME Court ©racurr.—Part 1.—Before Judge Ingraham. Cou opens at hali-pagt ten A. M.—Nos. 1805, 1807, 171 4:47, 879, 1495, 1031, 1935, 1451, 1971, 1975, 198: 1997, 581, 1341, 1585, 2027, 1867. Part 2.—Before Judge Brady, Court opens ateleven A. M. 5484, 797, 1065, 1336, 1947, 11 664, 1488, 1566, 932, 1690, 484, 1524, 1606, 1612, 1616, L548, 1820, 446, 6656, 90, 956, SUPREME COURT—SPECIAL TERM.—Held by Judge Cardozo, Court opens at half-past ten A. M. 262, 260, 236, 68, 125, 186, 205, 207, 264, 62, 109, 150, 161, 181, 221, 227, 51, 59, 79, 87, 92, 93, 101, 114, 116, 122, 128, 131, 148, 157, 165, 177, 209, 211, 220, 2514. Supreme Court—CHAMBERS.—Held by Judge Barnard. Call of caleodar sat twelve M.—Nos. 116, 124, 130, 140, 145, 150, 157, 159, 174, 178, 230, 231, 234. Call 236, SUPERIOR COURT—TRIAL TERM.—Part 1. Judge Spencer. Court opens at eleven A. Part 2.—Before Juage Jones.—Nos, 1804, 1742, 1050, 2036, 2042, 1353, 1108, 2112, COMMON PLEAS—TRIAL TERM.—Part Judge Daly.—Nos. 714, 1701, 484, 337, 69 896, 723, 789, 790, 368, 601, 711, 729, Part Judge Loew.—-Nos, ‘871,’ 800, 696, 761, 763, 766, 795, 805, 808, 754, 780, 817, 828, 83), 831. MARINE COURT—GENERAL TERM.--Before Judges Alker, Gross and Curtis, Generai Term calendar. COURT OF GENERAL BEssions.—Held by Recorder Blackett. Court opens at eleven A, M.—The People ws. William Steele, James Hayes and Joseph Dollard, robbery: Same vs. John Williams, John Feely, Ber- Hard Waters, James Owens and James Heflin, ourgiary; Same vs. Francis Reynolds, William Fletcher and James Fletcher, felonious assault and Dattery; Same vs. Francis Reynolds, mayhem; Same ys. Christian Ohen and Jerome Bradiey,lorgery ; Same ve. Joun O'Toole, obtaining goods by false pretences; Same ya. Willlam Miiler, Lienry Miller, James Weiah, 4nnie Magofln, Morris Warschener, Julia Gerrin, Barton M. Johnson and Jerome Bradley, grand lar- ceny; Same va. William Miller, felonious assau!t aud battery; Same vs, James Jobuson, larceny from the person. : before the certification BROOKLYN COURTS. CITY COURT. An Interesting Case. Betore Judge Thompson. Cornelia A, Miller vs. Sebastian Duesse and Another.—The plaintif brings suit to set aside a con- feyance, and as aresnit of the action to procure a conveyance of certain property toher. The plant glaims that while living with Duesse under promise Di marriage sue was eee to give her money to him, Subsequently hd determined not to marry lainti®, who then discoyeredthat the house and furniture, which had beert bought with ber money, ‘Were in his name. The cage is still on, Dawages for Slander. Jacob Funck vs. Jacod Espiagr.—Piain ut gileged that aefendant called hima thief and a murderer, and, therefore, claimed damages in the sum of $5,000, The jury gave him six and a quarter cenis. Habens Corpus Case, Owen Seconda and John Thompson, Chinamen, ‘who wese committed by Justice Lynch on the charge Of Keeping 9 disorderly house Ip Myrtle, near Now deponent that he (said Wheeler) | “eighty,” by adding thereby making WEW YORK HERALD, THURSDAY, ‘trand “avenue, where vheyowere itving with white wonien, were produced in eourt yesterday on ® WIlt of habeas corpus, and asked -to be discharged, As inere Was no appearance ta court on the part of tue people Judge Thompson vemanded the prisoners, COURT ‘OF SESSIONS. ‘Aassuult and Battery, aud Not Mansiaugbior. Belore Judge Troy, ‘The trial of the negro, Kunius Hamilton, who was indicted on the charge f manslaughter In heaving caused the death of Guford Brand, the propriewr of @ lager beer saloon, corner of Graham avenue.and Marshall streets, whom he kicked in the abdomen, was concluded yesterday. ‘The circumstances of ‘Uhis case were fully reported in the HekaLp. The jury convicted Hie pusOnet of an assault and-dat- tery, and Judge ‘Troy sentenced him to the Pentten- Uary for nine months, Receiving Stolen Property. James Wilter was convicted of having receivod a large quantity of cigars which he knew had been stolen, aud Judge Troy sentenced him to the Peni- teatiary for six months. ‘Young Thieves, George Thompson, Martin Rourke and Jeeeph Kagan, boys, were triedon the charge of having broken into and robbed the residence of Wm. Kohl- meyer, No. 235 South First street, They were cou- victed of petit larceny and sentenced to the Feni- ventiary for six months each. SANITARY SECRETS. Dr. Harris’ Antidote for Feyer—A Singu- lar Introduction — Secret Circay lar—How Miss Ann T. Dote was Introduced, When the time came for the adjournment of the Board of Health yesterday ® question was raised by the president whether the Board should adjonro into secret session. Judge Bosworth suggested that if the Board desired its proceedings published they had better retire for private consultation. The Board proceeded down stairs to the president's private room. As the HERALD reporter was passing out he felt a@rapon the back. A familiar voice said, “Are you opposed to the introduction to an oid maiden iady?”” “Not if she 1s handsome,” was the response. ‘Well, she is old—an aunty; her name is Dote. Miss Aun ‘T. Dote, a friend of Dr. Harris’, he continued, +1 shall be pleased to see her then.” “You will find her in your coat pocket after returning from thus room. Mumm the word.” After leaving the room the following secret circular, giving an antedote for relapsing fever, was found m the pocket.- Is has been extensively circuiatea:— MEMORANDUM FOR THE GUIDANOR OF MEDICAL OTP WERE AND OT MRTROPOLITAN 30 Morr StkeRT, New Youn, Feb. The “relapsing fever” having begun to places within the Metropoittan District the has ordered that it shall be regarded as @ contagious and infectious disease. It is a fever that can be controlled and prevented by sanitary measures; but in order to apply the necessary, means for preventing its spread in overcrowded quarters, {t is required ¢bat ran, who is ick with it should Be discovered and ‘brought under sanitary “care. ‘Thongh contagious and infectious, and consequently requir- ing the entire separation of the sick from the well, this fever into particularly & disease that can spread dangerously oniy badly fed and unclaanly people rns. BOARD OF Hearn, A isto revail in a few. by the aid of overcrowded, that wherever the health of these classes of the poor {a pro- perly protected and the sick removed and well provided for, and thelr unclean and infected houses are purttied, the fever 1 predisposition to relapsing poverty and privation ; #0 much #0 ten known by the name of famine fevor. Where destitution haw not existed,or haa been adequately relieved, relapsing fever ts not likely to be epidemic. cond -Kelupalog fever ia, in a very kigh \egree; communi. cable ftom sicx to healthy. "The more confined the atmos: phere in which sick and healthy are together, the more cer- tain fs the disease to be communicated. Tiird—An attack of relapsing fever 1s ous tolife than an ‘attack’ of typhus. But when relapsin fover has attacked and when all His acute symptoms are past, the sulfercra remain for a while extremely weak requiring that food and restorative showld be liberally supplied: them; in default of which the feeblenese left. by the disease may often be of indefinite duration. Fourth—Relapsing fever is ‘a disease which cannot safely be one 12 Key hor meas of, aneer for (Pens srowaed and ill-venti as ‘are, and with inmates psuficiently nourished, there must’ be every likelihood that he infection willgpread. Iti essential that cumstances the sick should at theheuithy. Ample hospital accommodation is therefore an indispensable condition tor limiting the extension of the dis- e290, Medical oficers of the Metropolitan Board,of Health are required to make & thorough ing} of every inhabited cellar and of the entire tenement house district under their , ad, a8 often as once in each wi tour for reinspection throu ly leas prevalent. All aocleamiy cellars, I crowded or ported, in offictal form, wpon the day the inspection is made ; and forthwith whate sunitary measures will promptly be ordered god Health oneanitary duty in any portion of the Metropoittan District is hereby instructed to advise tae poor and destitute classes of fnhabltants, especially those in crowded and un- clean tenements, wherever auch people are found, to kee} thelr apartments ventilated and to cleanse aud whitewash all bedrooms, hulls and closets; und especially to direct them to information to the Boant of Health, without delay, ver any person becomes siek in their- tenements. An further, letevery medical officer eee to it that every case of this fever 6e retoved to hospital during the day the case la ted from apy lodging house,eellar or tenement. herever this fever is found, or liable to be introduced, any family or persons that are poorly fed or have not some kind of good animal food daily, should be reported to the Commissioners of Public Onaritiba, or to the Association for Condition of the Poor. tly understood, cannot become a source abits and history are well known, and concerning ‘ite prevalence elsewhere, as well as what has thus far been seen of it in New York, warrants the be- Hef that by the co-operation of medical ‘practitioners with the Board of Health, yy vigilant and active sanitary measures, thin new scourge of poverty and overcrowding may be restrained aud soon driven from the Metropolitan Diatriet, E. HARRIS, Sanitory Superintendent, give wh BOARD OF HEALTH, The Concrete Pavement Condemucd—Dr. Hare cis Snubbed=The Annual Keport—Relups- ing Fever in Rochester. ‘This Board held a session yesterday, Mr. Manlere im the chair, and all the members being present ex- cept Mesars. Liacoin and Carnochan, THE CONCRETE PAVEMENT. Ira B. Reed, Inspector, to whom was referred the petition of citizens of 127th street, asking for the anatement of the concrete pavement in that street, reported in favor of its removal for sanitary reasona specifies The Sanitary Superintendent approved the recommendation of the report, and ail the papers were referred to the Common Council, THE CELLARS OF THE Cry. Mr. BLiss, the attorney for the Board, made a long argument complaining of Dr. Harris’ misiakes in iis recommendations regarding the cellars of the city. Mr. Bliss secommended that permits be granted in all cases where there is no danger of re- lapsing fever to occupy Celiars, subject to revocation without notice, Dr. Stone stated that Dr. Harris was actin; without the authority of the Board, and he mo that the papers in ail cases of cellars be sent the Superintendent with instructions to repo Dr. Stone’s motion was not seconded, THE ANNUAL REPORT. The question of the publication of the annual re- port was raised, when Dr. Stone asked how long a eport was to bemade. Mr. Clark replied that it de- pended upon how much Dr. Harris wrote. Dr. Stone said he understood it was to ve & volume of several hundred pages. Mr. Bosworth supposed the longevity of the report depended upon the longevity or Dz. Harris’ report. He thongkt it ought to go to the Sanitary Committee for @ report. Mr. Manterre announced that several hundred pages of type are stanaing at the Printer’s, awaiting Harris’ introduction, which will be about thirty-five more pages of manuscript. Mr, Bosworth thought that tt would be a curious re- pert, when an officer was permitted to keep on writing ad libitum, Several membera expressed their opinion that the report should not be sent to press without revision by the Committee ou Annual Report, to whom it was referred after debate, RELAPSING FEVER, A communication was read from the Mayor of Rochester asking on behalf oi the Board of Health of that city that all facts and statistics in the posses. ston of this Board regarding relapsing fever be fur- nished to him, The Corresponding Secretary, Dr, Harris, was ordered to respond, his report to be re- vised by the Sanitary Committee. A Man Murderonsly Assaulted for Tiree Dol. lars. At the anid Police Court yesterday, before Judge McQuade, Philip O’Brien, of 116th street, be- tween First ayénue and avenue A, charged Michael Stove, Luke Cavanagh apd Patrick Mallen with highway robnery. ‘The facts are these:—Mon- day night O’Brien went into 9 Hquor store kept by Stone, at the corner of 113th street and Second avenue. The three prisoners were in there before him. After remaining there but a short time he left und went mto a butcher's shop on Sec- ond avenue, near 114tn street, where he was in a few minutes followed by the prisoners, Stone called him out into the street and asked him for three dollars, which he claimed O'Brien owed him for drinks. © ’Brien demied ong. him any such amount, when Stone knocked him down with a blow of his fist. O’Brien was then held down by both Cavanagh and Stone, while Mullen took $210 from his inside vest pocket, in which he tore nearly half He veat off. The whole three were subsequently arres! w officers Jennes#, Reynard and Kennedy, of the Twelfth precinct, and, as already stated, Usgngnt before Judge McQuad¢, who ela them for ira! = =. The Latest Developments in How Seized Property is Saved and the ,astounding mits details. This latest fraud grew out -of the seizure of the premises of Catharine Lahiton, ) Innis drew up a claim’to the property, but after- joard of Health! ment kouse regions where this fever is moxt liable to become lodging houses, rear ‘ithy tenements should be re. the Board of Health and the Sani: {ary Superintendent ean do to apoly or execute the needed into rect. Every medical officer and every agent of the Board of MORE WHISKEY FRAUDS. Brooklyn. Government Defrauded. The Newest Trick of the Whiskey Ring— Bogus Mortgages, Fraudulent Assign- ments and Startling Perjury—Proml- nent Parties Alleged to be Impli- cated—Their Arrest'and Admis- sion to Bail in the Swn of Ten Thousand Dollars. Brooklyn, which is memorable fer its whiskey frauds, has just furmished another case, which, though notofsogreate magnitude ae many of Its pre- Gecessors, exhibits.a system of fraad and trickery situated at the corner-of Bowen and Imlay streets, Toran alleged violation of the revenue laws, the claimant, ag-charged, having permitted the disttlla- ion of whiskey.there. The premises were setzed on the 12th day of August, 1868, and subsequently Stephen Lahiton, husband of Catharine, retainea one Kingston Innis,a lawyer, pretty well known in Brooklyn, to defend the property in court. Mr. wards consented to FUT UP A JOB by which it washoped to save the property, Accord ingly a bond aud mortgage for $5,000, purporting to be held by one Fox against the premises, was pre- pared by J, Hampton Perrin, a real estate agent, and Richard Rowland, a lawyer in Court street, the latter of whom was pald twenty-five dollars to acknowledge it(asdrawn out by Perrin) as having been executed in 1867, Subsequently the bogus mortgage was aseigned to one H. E. Merrick at the request of Lahiton, who was afraid that Fox would not be able to sustam the validity in the courts, Merrick was to receive fifty dollars, and did receive twenty-five dollar#.on account for holding the mort- gage in trust. Rowland received $500 for procuring the assignment and gave $250 of that amount to Innes. These are the ailegations of the government as found In the affidavits in the case, which are given below:— HOW THE JOB WAS PUT UP. Stute of New Youky Southern District of New York, se.—Stephen niton, ai the city of Brooklyn, county of Kings, sworn, Says that his wife, Catharine Laliton, was the owuer and has the fee of acertain lot and piece of land situated at the corner of Imlay and Bowen streets, in the city of Brooklyn, ; county of Kings and the State of New York, at the time ot -the transaction herein narrated up to the 12th day of Ov'o- Bt 1868, ber, 1x69, ‘That on or about the 13th day of Angust, said lot and piece of land was seized by the United States Marshal of the Eastern district of New York, for an alleged -vlolation of section 44 of the act of July 20, "1868, and pro- ceedings against the same were, therefore, began. That de- halt of bis said wite, and for the purpose of id piece of land, retained and em- ‘an attorney. proctor, éc., of the ‘States for the Eastern district of and thereupon sald Innis appeared for depo: nent's said wife and led ia her behalf a ciaim to anid pr pert a plea. That, therefore, and on of abot the Ist day of September, id Innis applied to this de- jonent to have him sign two papers, which were ond and mortgage to one William Fox, and ‘sald Tunis advised” deponent that by signing said bond and’ mortguse the sald’ land, of tie “deponent’s wife would be the better protected. That said Innia' further advised. deponent that as deponeat’s wife was unable to write ha (ueponent) migiit legally sign her name and. ac- Knowledge her signature before a notary public. ‘That said morigage act forth ug ration thereof the sum of $0,000, and covered the lot and piece of land above men- Uioned: That the aid conalderaiion was never pald by suid Fox or any other person, nor was any part of eald considera- tion paid. That suid bond was in the usual form conditioned to the sutn.of #10,000, and deponent signed his own name to the boad and to the m if anid Innis, signed wite to the said bond and mort. and maile x mark and signified that it was the mark of ‘wife. That said Innis therefore took deponent before one Richard Rowland, who fs, as deponent is informed aud be- Meves,s notary public for the county of Kings; that the said William Cox was also present before said Rowland at- the same time; that the sald Rowland then and there took deponent’s acknowledgment of the execution of the said mortgoye ae thoush said execution was, ackuowledged on the Int day of May, 1867 (whereas the said mortgage was not irawn until after the lat duy of August, tified that Catharine Lahiton, wife of deponent, that deponent himself appeared before him, the notary, on the Ist day of ‘s67, mand had ‘acknowledged ‘that they jd morteage. Whereas said Outharine Lahiton did not appear pefore said notary on that day and did not acknowledge to him (said no- tary) that ne did on that day execute ald mortgage ; that this deponent is informed and beileves that said mortgage was transferred from said Fox, the mortgagee named therein, to one Noble, and that said Noble thereupon. transferred the New York, e and cer- nd same to H. E. Merrick, and that thereupon said rick transferred the same to one Charles B. Fish, who now and deponent farther olds said mortgage id mi i faire and fraudulent, and id false and fraudulent bond and mortgage w rdedin the oifice of the Register ot the county of Kings on the 2th day of Octob jand de- ponent turther saya that alnce the tune of recording suid false and fraudulent mortyage deponent. hax, been visited by raid Hi. EB. Merrick and sald Richard Rowland; threatened that If deponent did not certify or induce or eoipel his wife to cer- Ufy that said false and fraudulent m was a valld and good mortgage, made and acknowledged upon the day named von its face purported tw be made and acknowileged, that they (said Merrick and Rowland) would cause depou trouble. And deponent further says on the 12th day of Oct ber, 1809, verdict was rendered in the Circuit Court for tl Eastern District of New York, condemning the property co vared by sald mortgage, us forfeited tothe United Sate that eaid fetitious, false and fraudulent mortgage purports t be alien on the said plece of land forfeited as aforesaid, and purporia to be an encumbrance thereon, and thereby lessens the value of wuld piece of land and detracts from the price thereof, and thus tends to defraud the United States of the real value ‘of sald land. And deponent further information and belief, that at the transfer to each of them said Merrick, Noble and Fish were aware that said (also and frauduigut mortgage was false, fraudulent and void; and that #ald Fox;-'lanes, Noble, Merrick, Fish and Rowland conspired within the Southern and Eastern Districts of Now York to defraud the United States of the value of the property afore- aaid by knowingly setting ‘3 4 false and fraudulent lien upon the same; and that said Fox, Innes, Noble, Merrick, Fish and Rowland, and each of them, knew that the sald property described in ‘said fulee, fictitious and fraudulent mortgage was and had been seized by the United Stules Court. FS’ BTORY. State of New York, Southern District of New Yorlty ra.—King- ston Innes, being uly. ‘sworn, says :—That on or about 13th day of Angust, 1468, the property of Catharine Lakiton, wife of Stephen Laniton, situated corner of Bowen and Inlay streets, city of oklyu, State of New York, wae seized for alleged vic jon of the United States Interna Revenue . Stephen Lahiton, mentioned, engaged deponent as attorney and counsel to aeiend aid property for Catharine Lahiton. Deponent drew up and “filed a claim and security tor cause in the United Sates Cireult Eastern District of New York, and ter deponent was requested to prepare a Hien on suid property, viz., « bond and mortgaye, to aecure 4 part of the value of #ald property, inthe event ot an adverse decision, to said Catharine Lakiton, of said Circuit Court. Deponent at first advised against such a proceeding, but afterwards consented. That ceponent consulted with one J. Hampden Perrin, real estate agent,and with @ notary public, by name Richard Rowiand, who both to execute and prepare such draw up a bond a having been executed in the year 1967, an= sal Rowland, notaty as aforesaid, srood, for the sum of twenty. f five dollars, to ‘acknowiedge sald mortgage as drawn out by said Perrin ‘as having beens executed in the year 1Kgf. And deponent farther that at the time of the drawing apd execution of the morgage aforesntd and at tho time of the said agreement with said Perrin and Rowland that said Perrin ‘and satd Rowland well knew that the property to be covered by sald mortgage had been seizud by and was in custody the officers of the United States for an alleged violation oresald, When the morigage aforesaul’ waa ‘nrepared Stephen Lahiton aforesaid brought one For bolors. de- ponent, Perrin and Rowland. ‘Said Fox sald inorigage an wee therein; and there aid Rowland, ‘In accordace with agreement acknowledged the execution of said Rees h it was executed on the lat rr of Augu 8H, and as though Catharine Labiton and Stephen Labiton bad'appeared before him, said Rowland, on the Ist day of ‘August, 1857, and bad acknowledged that ti Gathurine Laniton w 0 jon” by anid ef ad Nirthet says that said bond 4 re faise, fraudulent and void; false, fot{tions and fraudulent mortgage ‘and purports to be s lien upon the property of snid Lahiton weized as aforesaid to the amonnt of that said 85,00) had been paid to waid sideration of suid ‘as named in mort executed said 2 Batharin $500, and vets forth (aluatine and Siephen Laliton as tho , whereas at the time of the pretended acknowle: the execution of said mortgage no auch cousiders- tion had been pald nor apy part thereof by said Fox or by mortgas ment ol any other person. And deponent further says that at the time said Fox appeared before gaid notary public he, sald Fox, knew that the property purporting to be ered neized as aforen by sald mortgage had ictitious and fr: Oflive of the Register of the county of Kings; raald fraudulent mortgage was prevented to ons H. E. Merrick at the request of Stepuen Labitun, who was afraid that eald Fox would not le to wastain the validity Of ald mortgage tu the court ftom got an as- signment from Fox, and gave as promised 460 for holding said mortgage in trust for him, and paid said Mer- Fick on account thereof; that said Merrick gave no con- Aideration for ald assigninent; tbat said Merrick and one Noble gave flowland aforesaid $600 for procuring sald amsignment to said Merrick, aud that sald Rowland gaye nent B260 thereof, Deponent furttor says thal at the of said frandulent assignment to sald Merrick Merrick was well aware of all the facts and ciroum- stances herein before narrated. That during the assignment one Noble was present and ussiated in the transaction, and procuring the money to pay said Rowland and depournt, and as deponent ie informed and believes wan aware of all the {acte hereinbefore stated, That deponent is informed and believes that thereafter ald ky with the assistance of sald Rowland, assigned said false, fictitious and fraudulent mortgage to one Fish, and maid Fox was at the time of the assignment well aware of the facts atl cireninstances heres inbetore stated, NGSTON INNES. K. ‘Sworn to before me this 12th day of February, 1870. JOHN . SHIELDS, United States Commissioner. ‘This oogus mortgage was produced on the trial of the case In the United States Conrt, and in conse- quence thereof only the right, title ‘and snterest in the property belonging to Mra. Lahiton, which amounted to about one thousand dollars, was con- demned and forfeited. A short time since, however, THE FRAUD WAS DISCOVERED, and Innes and Lahiton, doding that things were getting too hot for them, made @ clean ‘breast of it. Aggistant District Attorney Parris Skereupon appl tod Sd to Commmteianaty mew ven for warrants for the arrest of the other pattics tnsplicated, The warrants were issued and dell’ "to deputy marshals to execute, Rowland, who resides at 311 Hicks street, and has n oMce at 237 Oourbstrect, was arrestedon Satur. | day last aud admitted to batl m $10,000, taro securt- | Ues of $5,000 eavt. Merrick amd Perrim were ar. | rested yesterday wnd admitted to ballin a similar amount, The boating of the cases was sev-down for lo-monrow. ROWSAND'S ANTECEDENTS. The defendant Rowland iw probavty the beat known of alt Atone time he dabbled @ littetn local politiog, and tn the summer of 1467 was an of. cero! the Pioneer Grant Club, which was the first organization in Brooklyn to advocag@ the nourna- tion of Generar Grane for the Presidency. Thissclud eximed bat @ short time.;aud Rowland was not again broeghtinto public motice unt his arrest Dow on bog charge of conspiring to- defraud the govern- ment. . Of the deferdant Perrin ‘but little appears to be known. ‘Hois a well dressed, respectable appearing man, apparently about thirty years ol age; 18 areal estate agent, aud at one time travelled with King. stun Ines, A FORMER EMPLOYE (OV THE GOVERNMENT, Kingston Innes, whe ‘figures #0 unpleasantiy In This (ramwaction, is also very well Known tn Brook+ ty. Le was formerly employed ia the oftice of the Cuited states Commissioner. THE OPHER ACCUSED PARTIES have not yet been arrested, but will probably be se- cured before the exammation toanorrow. Further devempments may be then expected, THE COOK WAISKEY CASE. ‘Tee cose Of the United States vs. Martin’ R. Gook Was calied up yesterday, before United States Com- missioner Betts in this city and the examfation resumed. The proceedings are dally acreasing in interest, as evidenced by the numbers who press into the room to hear what tran- spires, whether of evidence or of argu- Ment of counsel. Of -course the room, as no previous days, was crowded. With the usual mis- erable Jack of accommodations why the Commis- sioner sould select wittingly a room 80 greatly in- adequate to the required accommodation when he migut bave had the Cirenit Court room ts a mystery to all concerned in the case, ‘The proceedings yea- terday were not KO Important or interesting as had been looked for, and at the close the further examin- ation was adjourned to Friday. Samuei !. Streit, a wholesale liquor dealer, exam- ined—knew Farrington for about three years as a general revenue iuspector; saw Farrington in con- nection with his business, Q. What transpired between you apd bim in that connection? Objected' to, Mr, Pierrepont said the object of the question was to show fraudulent arrangements vetween the wit- ness and Farrington similar to Uh they sought to establish as vetween Cook, we detendant, and Far- rington. ‘The Commissioner ruled out the question as too Temote in its bearing upon the case before Nim. Edward Cogper examined—Was bookkeeper to E, Stevens, United States gauger, (rom 1868 to 1869; Knew in August, 1868, of gauging for Gordon, Fel- lows & McMullan; Mr. Cook uxed to come to the office in relation to the gauging of the firm. Objected to, Admitted, 4. On those occasions what did Cook do or say? Objecved to as enurely irreievant gnd on the ground that it must be proven by documents. Admitted on tie ground that it Was sought by the question to show that the defendant m other cases aid the same act with wiiel he is now charged. A. Never bad any conversation with Cook about any gaugings, but saw him speak to Stevens; in October, 1865, there was a return; on October 24 two returns; February, 1809, other returns, and returns on September of the same year, and returns up to Maren, isd. Mr. Carter objected to the testimony on the ground that counsel Would not be able to Know What course to pursue lu Lue deieace if irrelevant papers were offered. Tue Commissioner sata be thought the papers might be muroduced to show the animus. Mr, Carter remarged that such a decision was ad- verse to ail law and precedent It was in itself like an attempt to prove aman had committed other olfences beside the one with which he was charged, in order to make oat @ case. The mtent was lin- portant, Now how could they prove the intent o1 the transaction » Mr. Carter said the intent and motive of the Dis- trict Attorney tn offering the paper was obvious, it was doue for the purpose of prejudicing the mind of the Comim\ssioner by 1eason of transactions outside Of the present case, because the District Attorney was conscious he had no evidence in the present e Mr. Bell followed, He argued that the papers could nor be introduced, because they had, admit- tediy, bo Connection with the case. ‘The papers did not bind Mr. Farrington, a8 the District Atvorney Will adintt, and how can they vind Mr. Cook, when both de sendants are on trial together ? ‘The Commissioner admitted the evidence, Witness, to the next question, repiled that he did not know of any other returns than those reierred vo by him. Ebenezer B. Shafer recailed—Handed a witn- arawai entry of whiskey, Q. What is the mode of withdrawing whiskey? A. ‘The withdrawal is sent to the oilice. (Here witnes failed to identify how much of the writing on the Paper Was orginally on it wien it came to nim.) q What Was the practice in withdrawing whiskey in August? A. | could not say now; the first thing was the pregentation for withdrawal, which was then sent to the gauger, Who gauged 1, and the gauyger’s return sent to the chant, informing him of the tax, which tax was computed and certufed in the Tax Coilector’s office; after the money was paid and the whiskey withdrawn the paper was flied in the Collector's office. Cross-exaimined—Cannot recognize the check nor the Pee ances used one like it. Hantield Tucker, recalled—Testifed that E. D. White, Whose name was attached to the withdrawal entry, Was either acierk ora partner in the firm, and he believed that the figures denoting the tax on Ieee entry were in the handwriting of John 8. tga. Mr. Pierrepont aaid he would probably recall the witness Grigg 10 give further tesumouy on ts point. ‘The witness closed by saying chat one of the bonded Warehouses of the tirm of Gordon, Fellows & McMil- lan was run in nis (witness ’) name, Adjourned wil to-morrow. NEW JERSEY LEGISLATURE. : 7 The New Counties of Muse patcong~Two New Ferries to New York— The sale of Poison—Newark Police Bill— Proposed Removal of the State Capitul— Atinek on the Pavement Rings of Hudson County by Bevar SLx petitions were presented tn the New Jersey Senate yesterday asking for an alteration in the license laws, and one in favor of so amending the constiution as to give women the right of suffrage, Along bills introduced was oue to authorize the city of Trentou to issue bonds w the amount of 50,000 for street improvements, The bill to create @ new county, to be cailed Musconet#ong, from portions of Warren, Hunterdon and Morris counties, came up on its second reading. Mr. BowNE moved to ‘strike out Lebanon town: ship, in the county of Warren, from the limits of the bill, and presented a remonstrance signea by nearly two hundred voters. The motion to stryke out Leba- non was lost by @ vote of 12 to 7. Mr. BowNE moved to strike out the section xing the county seat at Hackettstown, and said that thé Situation of the site shouid be decided by the vote of the people. This motion was opposea by Senators Bettie, Hopper and Cobb, and the amendment was lost by a vote of 11 to 6, and the bill ordered to a third reading. The bill w create a new county to be called Lopat- cong by dividing Warren county came up on its second reading and was postponed until Thursday morning, a8 some amendment would be necessary, A portion of the territory to be incorporated ito the new county had already been inciuded in the pew county ot Musconetcong. Among bills ordered to @ third reading was the act incorporating the Jersey City Sbip Canal. ‘The supplement co the charter of Hoboken provi+ ding for street improvements was passed, A bill was introduced py Mr. Littie to support and maintain the Jamesburg Keform School, appropriat- jug $26,000 for the purpose of compicting tue new wing and other necessary improvements. In the Houge five petitions were presented in favor of a change in the license laws, The Comuuitee on Public Buildings reported favor- ably on the bull for proposed additions to the State Hoase, Among pilis introduced were the foliowing:—To incorporate the North Hudson County Ferry Com. pany, who propose to establisn a new ferry from or near Guttenberg to New York; to impose a Stato tax of two dollars on dogs and three dollurs on bitches, The bill to redistrict Mortis county was/postponed, a8 Well as the bill creating a new ward in Newark. Among bills ordered to @ third reading was the act incorporaung the Dea’s Point and New York Ferry Company; the Jersey City Steamboat Com- the Kearaey Hall Association of Hudson etconag Loe wark Police Commiasion bill was passed by @ vote of 31 10 24, Among the bills introduced was one entitled ‘The Pharmacy and Poison Act,” which is designed to reguiate the practice of pharmacy, sale of poisons nd to prevent the adulteration of drugs and medt- eines. It obliges the proprietor of every open drug Store to be a registered or certified pharmacist, and provides for the punishment of all using the name Without complying with the provisions of thts act. It Brovides for tie appointment by the Governor of ap Jarmacuetical board to consist of flve persons, to be selected from the names of fifteen poarmacists Subinitted by the New Jersey Pharmaceutical Asso- ciation, said board to grant the certificates under whitch each pharmacist shall transact business, When the oui providing for the proposed exten- sions to the State House came up on lis second read ing Mr. Winton inoved boat it be postponed for tae FEBRUARY. 24, 1870.—TRIPLE SHEET, pescienpintnereee entrees present, giving ss a reaxon that a blll would shortly be‘introdaced providing for the retauvai of the Suave ‘ompival to Elizabetb, and that he bad been iniormed to “ant # fine site for building. The bill was hat Elizwbdth was willing the erecuon’e! the proposed chen postponed, ‘The bill to tncorporate the New Jersey Paving Company voming up on its titrd reading it was bit. terly opposed by ir Bevans, who sald that he did not waniapy such company in Hudson county, as the people there had che Belgian pavement, and da not Want Nicolson or any other pars pavewent. He moved that it be recommitted to the committee, which was agreed to. Priviea copies of the Jersey City Consolidation Dill were circulated among the members of both honses, ‘The bili, itts expected, wii! be wtroduced next week. FOUNDERING OF THE STEAMER Two BOYS Rescue of the Passengers and Crew—Da tardly Conduct ef a orgia §Pilot—Full Particulars, ‘The bark Gem, of Antigua, Captain Powers, which arrived at Darien, Ga., on the 18th, after an ineffec- tual attempt to outride the terrible storm, which blew so flercely on Monday and Tuesday nights of last week, brings news of wrecks and disasters, It 4m to be fervently hoped that the dreadful gaies which roared around the Gem on the boisterous sea were miid in tier anger on the waste of waters over which sped ine City of Boston, lett New York on the sist of January, and on ‘the second day out encounteret severe and heavy gale from the west. The wind shortly after- ward veered round to the north and east, from which points It continued to blow with great fury for twenty-dive hours. After considerable hardship in this contest with the elements another gale was encountered on the 9th inst., in longitude 79 38 west, where @ steamer was sighted fying a signal of dis- tress. On being approached she was found to be the Two Boys, Captain White. She was in a sinking condition, the engine being broken and the water pouring in over the bulwarks. The men on board of her were exhausted by their con- stant labors at the pumps. Japtain Powers on being hailed Jowered a boat to windward, the sea being very heavy, and went toward the sinking ves- sel. He found that tne crew of the Two Boys were anxious to get away, as they expected their vessel to go down at any moment. Considerable diMmeulty was experienced in getting the crew off, the boat not being able to hold more than four. Four trips had to ve made. The captain of the ‘two Boys, three Passengers, two engineers and nine men, all the persons on board, were thus rescued from their in- evitable fate, While the voat of the Gem, with her heroic crew, were alongside taking’ away their last cargo of human beings, the ‘Two Boya sunk suddenly in the waves, and white wave rushed over the place where she stood. In latitude 31 30, longitude 79 30 West on Friday, the 11th, at 4:30 P. M., pilot boat No, 3 sighted oi Tybee Island. As Captain White, the Two Boys, was desirous of going to Savannah, + came alongside with his ski and inquired what the matter was, and was told. the particulars of the dis- aster which befel the Two Boys. told that there was a shipwrecked crew on board and that assistance was required uttered an excla- mation more expressive of disappointment than in- dicative of politeness. He pulled away and did not come back. On the following Sunday, when the raMan of pilot boat No, 3 and his inhumanity were torgotten, the Gem met the revenue cutter Nanceman twelve miles northeast of tis port. The commaucer of this ves- sel was more humane than the waster of the pilot boat, and took the passengers and crew of the Two Boys on board and landed them at Brunswick on Monday at eleven o'clock. Captain Powers, who showed laudabie promptness tn rescutng the passen- gers and crew of the ill-fated [wo Boys, succeeded in reaching this port in satety yesterday. He states that Captain White deserves much credit for keeping his steamer afloat as idug as be did. UNCLAIMED MONEYS. - A New Way to Pay the State Debt The following bill, which is now betore the, Legis- lature of this Scate, will cause a Mutter among the tinanctal institutians, ana call thetr presidents to the capital wheu it comes up ior final action, It is entitied AN ACT TO PROVIDE POR THE PAYMENT OF CERTALN MONEYS INTO THE TREASURY ‘The people of the State of New York, represented in Senate and Assembly, do enact as follows: — SECTION 1. All individuals, associations or corpora- tions doing bustness under any general or special law Of this State shall advertise in the state paper, and also in the newspaper having the largest circulation in the olty or county where their aforesaid business is transacted, in the month of June of the present year, a full and sworn statement of all moneys, divi- dends, remainders and deposits which have remained The statement shall contain the names of the several persons entitled to the possession of such moneys, dividends, remainders and deposits, together with their respective places of residence when kuoWn; the mount of such inoneys, dividends, remainders aud in their custody and possession uncalled for. deposits belonging to each person, the ume when tne dividends were made at the amount of stock on which the saia dividends were declared, and the date of the remainders and deposits as aforesaid. The said individuals, associations and corporations shall henceforth in the month of September, in each year, advertise as aforesaid a full and sworn state- Tent, in detatl as atoresaid, of alt moneys, divi- dends, remainders and deposits which have remained in cneir custody and possession uncalled for during the previous two years. Seo, 2. The persons owning or entitled to the pos- session Of BUCH Moneys, dividends, remainders and deposits thus advertised or directed to be advertised shail gfVe notice to the individuals, assoriations or corporations holding the same in custody as afore- Said, on or before the Ist day of the ensuing Janu- ary, aud signify What disposition they desire shalt be made of the same, with which desire and notice the said Individuals, associations and corporations shall severally comply. In case that the persons owning or entitied to the possession of such moneys, dividends, remainders and deposits, or any of them, shall omit to give such notice within che time sp fled, then tie Treasurer of the State shail require ¢ all such individuals, associauions and corporations 43 aforesaid to pay over to him wituout delay all such moneys, dividends, remainders and deposits, cou- cerning witch no notice has been ved, und he shall hold the same, subject to the c the owners or persons enuilled to the possexsion as atoresaid. Jt shall be the duty of the treasurer also tolnclude the statement of such moneys in ius an- nual report to the Legislature, and the Legt May, in {18 discretion, apply che said mone calied for Tor educational purposes or tn inquidation of the public indebtedaess, 3. AIL banks aud banking associations been established under the laws of this sutt since become national banks, shall advertise as aforesaid in June next ali such moneys, dividends, remuinders and deposits held by then ‘as aforesaid When they became sugh national vanks, and sir pay over the same to the treasurer, as is here quired of other mdividuals, assoclauous and cor portions speaified in this act. é 4. In case that any individnals, associations, corporaitons of pational bauk, as aforesaid, sha! neglect or refuse to comply with e1er of the re qwreivents Of this act, suca maividual, association, or corporation, or navional bank sbill forfert wae sum of $6,000 for every such negiect or refusal; and it shall be te duty of the Attorney General, with- out delay, Co dastitute @ suit and recover the said penalty and the moneys, dividends, remainders and deposits WHich may not have beea paid to tie trea surer as required by this act, Suv. & This wet shall take effect tmmediately TSAT IR'NITY TROUBLE. How Dr. Cutler Lived and Fared sin a “Lott)}=—That Bohemian Canard. To THE Hpiven ov THR HERALI Alaving been for many years a Trinity choir boy under Dr. Cutler’s charge, and being somewhat familiar with the circumstances attending hiv suc. cessful career, | beg to be allowed to correct an error which appeared in Puesday’s HEKALD, In ihe article concerning Trinity corporation. br. Cutler did occupy, night and day, for many Years, & portion of the fourth floor or “iofv’ at No. 96 Liberty street. These quarters being accessible from the practicing 100m, Were chosen for con- venience sake; the lodging room was furvished in almost regal style; its occupancy anything bat a hardship, aud here, surrounded by books, manu- seripts and instruments, both musical and pliilo- sophical, the Doctor used to settle himself down to those iiterary and scientilic pursults sv cougenial to @ musiciin of iis scholarly attainments. ‘Tue sensational sheet Whose incorrect statements yon so successfuily refute, touciugly auudes to “poor Dr. Cutler’ as an injured and abused man, Those who are familiar with the dgctor and Ms ante- cedents will conidentiy trust om to fight lis own batties and to select such quarters a3 may please him at al! tines, regardiess of Nik organ salary, whetier it be a thousaud @ year or fifty cents. JAMES HILL. MARINE TRANSFERS, the following is & complete list of marine vwans- ere from tte Lev to the Zed instant, both days in- ifs. +. | Princess, Feb, 2t.| Sehr 21. |Bi00) | Can, The Gem> was of Captain Powers hatled, but before speaking the pilot ‘The pilot on beg Hor demand of 5 NEW YORK CITY. Gleanings of News from the Streets of the Metropolis. Singular and Violent Deaths—A Literary Thief — Jottings from the Pollee Courts—The Assassination Hoax. <: ‘The following record will show the changes in the temperature of the weather for the past cwenty-foar hours in comparison with the corresponding day of tat year, a3 indicated by the thermometer at Hud- out's pharinacy, HERALD Hullding, Broadway, coc- ber of Aun street 1s 1870, 1869, 1870. 23 ° ad a“ 3 sa 29 3a 37). 12 P.M. 37 Average temperature yesterday + 33% Average temperature Jor corresponding date a last year......+ % In the dock foot of Christopher street, North river, yesterday, the remains of a female infant were found, and conveyed to the Morgue to await an in- vestigation bejare Coroner Schirmer, The hody ep- parenty had been in the water butafew days at most. Coroner Schirmer was yesterday caliea to 212 Cherry street to hold an inquest over the remains of Joseph Sechterman, @ child two and a half years .of age, who died from the effects of burus recetved on Monday last by bis clothes taking fire from @ hot Stove. ‘The occurrence Was quite accidental, aud the jury returned & Verdict to that effect, William Wade, aman who has long suffered from heart disease, while going to see his physician on Tuesday evening was taken suddenly worse in Grand street, near Allen, and falling into the arma of his brother accompaning him expired soon after- wards, ‘The remains of Ar. Wade were conveyed to the'Tenth precinct police station, where Coroner Schirmer yesterday weld an inquest. Deceased lived at 41 Ludlow street. The Twenty-third street Reformed Presbyterian church was crowded last night onjthe occasion of ti ordination and installation of the new pastor, Rev. David Gregg. The sermon was deiivered by the Rev. J. W. Suaw, of Coldentown, from Philippians, fret chapter, seventeenth verse:—“l am set ior the de- fence of the Gospel.” ‘The charge to the pastor was deiiverea by the Key. J. H. Boggs, of Brooklyn, and the charge to the people by the Kev. J. i. Thomp- son, of Newburg. The remains of Henry Kobinson, who was killed by a tin shed falling upon him late Tuesday after- hoon, at ‘Thomas’ church, Fifth avenue, near Fifty-third street, were removed to St. Luke's Hos- pital, Where Coroner Schirmer will institute an in- vestigation to-day and if posstble determine whether in raising the shed the proper measures to prevent accidents were taken. ‘The residence of deceased Was at Morrisanta, but bis age or nativity did not transpire at the Coroners’ oilice. ‘Two or three days ago Israel Cohenbroom, a Hun- garian, forty-two years of age, was coinmitted to the Tombs by Judge Hogan, on a charge of intoxica- tion, Cokenbroom was in a state of great physical brostrauion and continued to siak till Tuesday night, when he died. By permission of Coroner Schirmer the body was reinoved to the Morgue, where Dr. Cushman wil to-day make @ post-mortem examina- tion, and thus determine the cause of death. De- ceased Has leit a widow, Who 13 said to live at Now Montgomery street, Syracuse, Ye Judge Bosworth, in whose hands are ail the papers and evidence m the assassination hoax, expresses his desire that Captain Burden shall ve put on tr but as Mr. Manierre and Mr. Smith desire to stueld Burden, they refuse to vote for it, and the Board stands two and two. President Bos- worth yesterday received the names of ovner gentie- men to Whom Uaptain Burden told tie story that he afterwards pronounced false, and in the event of not being able to bring Burden to trial wil give all the Unpublished papers and the Superiutendent’s report to the press. A negro named Jobn Gibbs, the janitor of No. 63 Witham street, was brought before Judge Hogan yesterday, charged with stealing a $100 worth of books from Messrs. Lathrop, at the above address, This firm have missed books to the extent of several thousand doliars during the last few years, and been unxbie to discover the thief. Yesterday he Was ar- rested with the books in nis possession, He con- fessed to the theft. A man named Robert McFay, to whom le had given the books to dispose of at a Junk shop, Was also arrested, As there was no proof that MeFay bad any guilty Knowledge he was dis charged. Gibbs was committed to anawer. ‘The faculty of the New York College at a meting on the 15th inst. remodelled the rules governing the promotion of students. In future those who are deilcient in more than two branches shail not be © promoted, S1x-tenths of the fiaximum in both terin and examination shall ve requisite to advance- ment, but where a student shall have received six- tenths or over during the term and Jess than five- tenths at exammation, or vice versa, bis case shall be reterred to @ spectal commitiee ot ‘the iastructors, Who may re-cxataine bim and confirm or correct the original mai Provision is also made for the re- Aduussion neXt September of the siudents woo failed at the recent examination. ‘The rues have been printed aud a copy furnished to every stadent and to iis parents. t There were forty prisoners arraigned before Jus- lice Scott, at Jefferson Market, yesterday morning. Mary Anderson, of 220 West Seventeeuth street, arges that on Tuesday mght her husband (Wu- lam FH.) beat her tn the face with his fist, biacking her eye. lie regretted the act yesterday bot his wife insisting upon making & complaint he was committed to answer, Alva Fisher, on Tuesday afternoon, while shivermg with | the cold, helped herself to @ clowk hanging in front of the store No, 3 Sixth avenue and was walking off with it, when discovered by one of the lerks and given into the custody of an office ie admitted the charge and was locked up. On Tuesday migut Charles morse, a delegate from Africa, called upon a# colored personage, named Edward Fountain, at 76 Grand street, and endeavored to impress upon bis memory the be fits like to result from thé proposed new city char- ter, which Fountain coud not get ‘through bis wool. Morse, loosing all patience with lis friend, attempted to forcibly impress it upon bis mind by drawig a slaurgshot and dealing aim two biown on the top of the cranium, raising a jomp as Jarge as an egg. Marl it b an ordinary head the skuli would probably have been fractured. Morse is now chewing the bitter cud of remorse in the Jefferson Market Prison, Jolin Rielly and ‘Thomas French, two well Known personages around the piers of the North river, were charged with stealing a quantity of lead pipe valued at seventy- five dollars from the Pacific Matl steamsiip North. ern Light, lying at the foot of pler No. 38 North river, on the 25th of January last. ‘Thomas Hamil- ton. @ boy, Lestified Lo seeing them leave the steamer with a bag containing the property. ‘suey were committed for examination. THE COAL TRADE. The Monthly Conl Sale=Further Decline in PricesS0,000 Tons Sold. The regular monthly sale of Scranton coal yesier. day was very jargely attended, and for some de- scriptions the competition was very spirited. The prices, however, ruled lower than last month, the only exception being In the case of chestnut coal, which appeared to be in unusual demand. Messre. J. tl. Draper & Co, were the auctioneers, and the quantity sold was 80,000 tons. The following shows how the present sale compares in prices to the one in January:— February. Lump. . at salts a 42 a 4 lay Parnas a dw Total. +. s secon 280,000 ‘The lump was started at $3.50, and the first saie ‘Was made ut $415; steamboat was started at $3 vo, Qud the first sale $4174; grate was starved ut $4. and the frst sale egg was started at $4, and the first gale #417)g. from which it rose to $4 225¢; chestait was tartea at $375, tho first, salo $3 05; the second $ he selling WAS $5 92!) $3 60 and $397%. ‘the est decline, It will be seen, Was fn steamboa: abous 28c.; LUMP 2C., EMAL B2I¢e., egg about 17 am ‘ove about J2';c. Chestnut hed its own and ful ized the prices of last monsn. AN INTERESTING WASHINGTONIAN RELIC, There was presented in Newark, N, J., yesterday, N, Stansbury, rector of Christ choreh, y s W, Compton, an exceedingly inter. esting relic of Washington, belng @ mimature crore, cut from a piece of brown stone taken from tho bal- cony slab on which Washington stood when he delivered his first mangural address, as President of tbe United States, at Federal Hall, in Now York city, April 90,1778. Thestone from whicn the hittie cross was chiseled was origivally obtained trom the Belleville quarries, near here, The cross 1 neatly cemented on a small stab of polished California laarble—a sone resembling Castile soap. Inlaid ‘With gold, in toe centre of the cross, are the lette: in old English serip, 1. He Se