The New York Herald Newspaper, March 9, 1870, Page 5

THE FULLERTON CASE, Important Testimony—Initiation of the Con- spiracy Proceedings that Led to the Present Prosecution. Great Interest Manifested in the Proceed- ings—Debate on Objections Raised— Commissioner Osborn Again on the Stand. ‘The trial of the case of the United States against Wiliam Fullerton was resumed yesterday in the United States Circuit Court, before Judges Woodrufl Biatcnford, The court opened at eleven o'clock in the morning, at which time every spot within the ‘court room had its occupant, the crowd exceeding ‘that wnich had gathered at the opening of the case on the previous day, kvery possible accommoda- won, by direction of the Bench, was provided by ‘Mr. Hamilton Keefe, the crier of the court, for the counsel employed, for the reporters of the press and the large numbers of the legal proiession who @ruwded the space inside the bar. The greatest at- tention was paid to the proceedings throughout the session and, though the court room was densely erowded and some considerable crushing occurred from time to time, a remarkable degree of quiet and qrder prevailed. Judges Woodruff and Biatehford having taken ‘thelr seats, the presiding Judge notified the couusel @n both sides that he would permit only one counsel on either side to proceed with the examination of Witnesses, and to reply on interlocutory questions, Mr. Stoughton noped tne Court would permit one counsel who might raise objections to any evidence offered to appoint his associate to speak upon the objections hé might raise, if such a course should be deemed advisable, This was granted. BELKNAP’S COMMISSION OFFERED IN EVIDENCE. Commissioner Joun A. Usvorn was recalled asa ‘Witness for the prosecution, and being sworn testi- fled that he was appointed a United Siates Commis- sioner in 1861. Mr. Pierrepont offered the commission of Major Belknap, one of the defendants, appointing him a special agent of the Treasury in connection with the revenue department in this city, in evidence; but Mr, C. A. Seward, for the defence, objected to its reception on the ground that it was irrelevant and ‘hat the law did not authorize the appointment of such officers as special agents. Mr. Pierrepont claimed tnat he had a right to offer the commission, as the fifth section of the revenue Jaws, passed in July, 1866, provided that no revenue officer should receive other than bis official salary for his services, Mr. Stoughton would like to see the section on that point, conteadivg that there was no countin the indictment which had any reference to the com- misvion of Belknap or his duties, and as there was uo law authorizing the appointment of special agents of the Treasury Department the document Could not be legally admitted in evidence. Mr. Tracy said the first and secoud counts of the indictment covered the point. Mr. Stoughton then proceeded to argue agalast the adinigsibility of tne document, but Mr. Clarence A. Seward, in supporting the objec: tion, argued that the question now ratsed went to the very foundation of the charge Jald on the indict- ment, The evidence which has been offered has been stated as applicable to ail the counts except the third, And as to the third they would show chat, even admitting the allegauous in the indictment, no offence was committed, He contended that Belknap was not such an oilicer as described in the indictment, and clothed with the power stated in the indictment. ‘This being 80, then no charge of conspiracy can be susialned. ‘The statute says that Many collector, deputy collector, assessor, assistant assessor, inspector, district attoruey, marshal or other officer, agent or person charged witn the exe- cution or supervision. of the execution of any of the provisions of the act shali demang, accept or attempt to collect, directiy or indirectly, as payment, gift or otherwise any sum of money or other property of value for the compromising, ad- i or settlement of any charge or complaint jor any violation or alleged violation of any of the pro- visious of the act, except as provided by law, Le shail be guilty of a misdemeanor. Now, our allegation is that the commission sought to ve put in evidence couserred no sucn authority or power on Helknap. (Mr. Seward reviewed the counts, nine 1n number, In the indictment and the various provisions of the statute under which the counts were formed and coustrued.) Tue grand objection raiged here is that the law appointing a special ‘reasury agent cannot be extended to cover tie acts charged 1n the inuict- ment. ‘ihe law specifies, decides and prescribes the duties of thac ofilcer, and the extinction of those guties could not be tie sunject of judicial eRpausion. The jaw authorizes the becretary of the Treasury to appoint w special agent of the ‘Treasury Department, and when such officer has been appointed aitxes to the oflicer the duties he will have to perform. Tne law prescribes those duties with such exacvness and precision that It is impossibie for tae Court to give expansion to tiose Guaes or to suppose those officers could perform duties other than those so explicitly provided for by law. Belknap, te conteaded, had not acted m vbe matters charged agaipst him under the au- thority of this comurssion, and consequently hud not violated the statute referred to m the inuict- ment, Judge Woodruff referred counsel to section our of the act of June 30, 1564, which provides that the Secretary of the Treasury snail nave authoriy to appoint first five and afterwarus ten revenue agents, Whose duties shall be under the direction of the Sec: retary of the ‘Treasury to ald in wie prevention, de- Yection and punishment of frauds on the internal Tevenue, and im the eniorcement and collecuun thercol, &c. hr. Seward—I have the statute before me, your Honor. We contend, your Honor, tiwt Beikuap did not Uave any such oficial dues to periorm as are alleged tn the indiwtinent, ana for the non- periormance of which, it 18 alleged, he was paid $10,000 by Smith. ‘There is no count im the indictiaent which alleges that Belkuap demanded, accepted or received any com- pensation or reward in the performance of ts oftl- ral duties, and that he was gutity of extortion or Wilful Oppression in the discharge of such duties; because in iact Belknap had no such duties to per- form and the aitempt to clothe him here with powers under tis commission a3 special agent 1s not warranted by law and seems to us grounds suitl- Cient to exclude ihe commission as evidence. dudge Woodruil, without requiring counsel for the government to respond, said—Tue Court are of opinion that the commission suiliciently saows that it Wus an ap pointinent under the aci of June, 1864 (section tour), which authorizes the Secrecary of the Treasury to appoint the revenue agents there mentioned. Admitted. OBJECTION TO THB OATH OF OFFICE BY BELKNAP AS EVIDENCE. Mr. Pierrepont then read and offered in evidence the official oath of office under the coimmussion taken by Kelknap before Commissioner Osborn. Mr. Seward objected to the official oath bet accepted as testimony, and called the attention of the Court to the twelfth United States etatutes at Jarge, page 602, which prescrines the oath—called the “iron-ciad Oath’’—to be taken by ail persons hoiding oftice under the federal government from the date of the passage of the act. Mr. Seward con- vended that this oath had never been legally taken by Beiknap, and that, consequently, be could not have legally eutered upon the ofiice he held, and couid not, therefore, have violaved any laws under the act Of appolutment or committed we acts alleged in the indictment. He contended in this conviction that Commissioner Osborn, beiore whom Bilknap took the iron-clad oat, bad no au- thority to administer that oath to anydody, ail such authority pelug exclusively vested in the United States Circuts Court or judges thereof. ‘fhe oath, must, thereiore, be inadmissible as evidence, ‘Tue Court reviewed the point raised, aud sald that it was an important question and one that shouid receive the best consideration of the Court, aud that counsel should have ap opportunicy herealter to dis- cuss it On any motion they Mighs think proper to raise. EXAMINATION OF THE WITNESS RESUMED—IMPORTANT ‘THSTIMONY. Commissioner Osborn then proceeded to testify— On the 11th of June, the aate of the oath, he heid, in addition to the office o: Commissioner, the oifice of Deputy Clerk of the Disirict Court; was first aj inted @ Master 1 Chancery In 1861, which made im ex-officio United States Commissioner, and in 1866, to avoid any diMculty as to nis duties, he was for ily made a United States Commiss:ouer; 10 the discharge of bis duties roliowed the reguiar practice in swearing to affidavits; the praciice was for the complainant to yo to the District Attorney’s office to make there bts complaint; an affidavit would be there made, and the District Atorney or his assist- ant brought the pariy before tne Commissioner, ‘who, after conierence with the District Auorney, Would issue @ warrant for the arrest of the party charged, which warrant would be placed in the hauds of the Marsial for execution, When execated the Marshat brought the party arrested before the Commissioner, who adulitied the party to bail if charged with a batlable oifence, to appear for examination if the party desired 1t, or to appear for triui 1a court, That was the practice up to 1860, ‘the aMidavit of one of tue deiendants, Jacop Dupay, dated June 1, 1868, was idenutied by the Witness aud offered in evidence; believes 1+ to be in Mr. Knox’s naadwritiog; Mr, Knox ie the Jaw NEW YORK HERALD, WEDNESDAY, MARCH 9, 1870.—TRIPLE SHEET. iner of the defendant Fullerton; at that time as slightly acquamted with Belknap. Affidavit d to Witness, Who siated that he refused to jusue & warrant on the affidavit; that he made, or directed to be made, the erasure there present; Mr. Knox brougnt the aMdavit to bim and desired a warrant for the arrest of Thomas J. Smith; Dupuy was also present; it was brought to Nim on the evening of tne Lith of June: the urst knowledge he bad that Fullerton and Bel- oap were ev wa ferreting out irauds was on the 7th or 8th of June, when Mr. Knox told bim that Mr. Fullerton wanted to see him on important busi- ess; went to the omce of Mr. Fullerton; saw him in com with Belknap, to whom he was mtroduced; Belknap told uim ne was emploved as special agent by we government to ferret out frauds @gainst the revenue, gna that he nad engaged Mr. Fullerton a8 special counsel; Mr. Fullerton wanted to consuls with me about my powers as a Commis- sioner; asked me whether I could issue @ war- : Fant without the knowledge of the District Attorney; told him that Mr. Betts and myself had claimed the right; they were independent Magistrates and that we could issue warrants without the cog- nizance dr Knowledge of the Disirict Attorney; Mr. Fullerton then asked me if any one could serve my warrants Desides a Unived States marshal; ieaid that the United States Marshal was the proper officer to execute United States warrants, unless it was shown to me that that ofticer was complicated or interested, when I would deputize a third party; the question then came up as to my authority to issue warrants on affidavits swora to before an internal revenue oMicer; 4 replied that I should issue no more warrants on an affidavit sworn to before anybody but @ jud; the court or a United States commissioner; Mr. Fullerton then explained that his object in pul these questions to me was that it was well known in Washington that @ great. many frauds were com- mitved by onicers derelict in the discharge of their duties; of the had ju the Secretary ‘Treas no confidence in the then District Attorney; that he was lukewarm in the disc! of his duly and that the Secretary of the Treasury had spectrally author- ized Belknap to come to thig city and Tneticute pro- ceedings of the kind, and that he (Fullerton) had been employed as special counsel; he then asked me whether I would issue warrants under such circum- stances; relying on Mr. Fullerton’s statement and huis connection with Belknap 1 replied that I would issue warrants Whenever proper affidavits were laid before me; Mr. Fullerton then said to me if it would not be best to keep the matter secret for the present, when I replied that that wasa matter of which he himself would be a better judge than I, as the evidence was collected and accumulated by Belknap against all the collectors and against nearly all the distillers in the city; Mr. Fullerton farther said that while he wag special counsel in tne case. Mr. Knox, his partner, would probably attend to all the work of drawing up afiidavits ana examining iio the cases as they presented themselves, and oe then suggested that as many of the complainants were well Known to tue disullers and whe suspected gov- ernment oficers, it would be difficuls for them to be brought before me im iy" own office, where they might be seen and detected passing in and out, and the object aimed at might be wus defeated; and he then asked me if { would have no objection to go to his ofice or to Belkuap’s to swear the parties to the complaints; 1 said it would be more proper and dignitied for this to be doue in the ollice here, yet, if 1t was necessary to the ends of justice, 1 would go to Beiknap’s oftice whenever sent for for this purpose; Mr. Fullerton replied that provisions would be made whenever necessary to lave me sent for to swear the com- plainants to the affidavits, but whenever these pre- cautions were not necessary the parties would be be before me tn my own oilice. Q. Was anythmg said avout the Marshal? A. Beiknap, 1 think, sald that be was sorry | could not deputize some one else to serve the warrants, as Marshal Murray was as bad as the rest. Q. What else was saia? <A. In further answer to i e Pullers's xemnk hig ne D ere to eeping the matter secret from the Dystrict Attor- ney, I said that as far as fh Pe eons into cruminal law went-there were instances in which the necessity occurred on which warrants might be issued and the matter kept secret from the District Attorney, 1m order that the ends of justice might be served, and I presumed these were such, according to bis statement im relauion thereto, and I thea agreed not tnform the District Attorney if 1 was satisfied of the propriety and legality of tue pro- ceedings, a8 they should come belore ie, till the proper ume for my doing 80 had arrived. Q. Did Mr, Fullerton say anything else on this par- ticular subject? A. He further stated that he did not want these proceedings to be mate public ior the present, as there were 80 ge? paruies to be arrested; that the arrest of one if made public would prevent the arrest of the others; that there- fore it would be best to Keep the muiter a secret, and when the proper time came he would notify the tale Attorney of all that had begn done in the matter, THE THOMAS A. SMITH WARKANT—THE ARREST, Affidavit of Dupuy against Thomas A, Smith was then identified by the Commissiouer, The District Attorney then read the affidavit and otfered 1 in evidence, Q. Did you swear the party to thataMdavit? A. Yes, the affidavit was sworn tO on the 1itu of June; on the 12tn June Mr. Knox came to my office and asked ne if 1 had the warrant reaay on the aitidavit sworn to the evening before; I sala no, but that { would draw it up immediately; he said there was an im- mediate necessity for it, as he had learned that Smith ‘Was apous to leave the city; | then set about pre- paring the warrant, and just after | hag commenced ir. Fullerton came to the office and asked for 1; he said he wanted to take the warraut and I drew it u; and gave it to him and ne went away wit it; 1 said to him as he was leaving that the warsant must be returned vo the Marshal; 1 think his reply to vbis was, “All right; the next knowledge I had of tne warrant was about four o’clock the game afternoon, when Mr. Dyatt came to me and told me that his client, Smith, bad been arrested; that he appeared tor him aud wished to see the affidavit; J wold him that smith had not yet been brought before me; he asked me te nature of the charge and tue bat I would re quire; I told him the bail would be $5,000; Mr. Ful- Jerton then came in aad said, “Osborn, | uuderstand that Smitu has been arrested; I said I had just been toid so by Mr. Dyatt; I tuen lett for my home; that same evening while i was at dinner Mr. Puller- ton came to my house aud staied to me that tuey were coming up to ball Smith; that Smith was very much frightened; that he was a very timid man; that he took pityon him and wanted hin bailed, and that he had come to me for the pucpose of assuring me that the person who was to become his surety was @ responsible party, James,C. Gu- lick; 1 then prepared a ball bond; Mr. Fu.lervoa, in the meanume, said that Smith Knew a great deal; that he could be of great service to the guverument it he would only squeal, and he thought ne would; that be wanted to make use of him in tuese proceed- ings under tese circumstances; and, as | told M Fullerton that I recoguizea him as District Attor- ney in these proceedings, | reduced the bail to $1,000; while We Were speaking u carriage drove np and Daniel C. Birdsall, James C, Gulick and Thomas A. Smith came out of it and entered the nouse; Birdsall said he was counsel for Smith; the boud was then signed; [ administered the oath to Gulick; asked Birdsall what day did he want tixed for the examination, and he replied that he would waive an examination for the present; { tacn said that 1 wouid take the bund with me vo the oilice in the morning and have it filed with the clerk; te taree parties thea went out, re-entered the cairiage and drove away, Mr. Fullerton going off alone. At this stage the court adjourned will eleven o'clock this morning, Judge Woodrul’ giving the usual c1 tion to the jurors not to permit themselves vo con- Verse WALI auy persons On Ule subject of the trial, FRE LATE EMBEZZLENENT BY A DEPUIY COLLECTOR, Nothing additiona: has been ascertained with re- garg to the embezzlement of $40,000 of the fands of Collector Mcilarg’s office by the late Deputy John H. Phillips. The sudden disappearance of Mr. Phil- lips and the discovery of the abstraction of the funds of the office, the one in a manner accounting for the Other, took the friends of the absentee with great surprise. There was nothing in his way of living at home or abroad te indicate that he was exceeding in his expenditures his proper in- come. He had been always looked upon 4s a strictly upright and conscientious young man, zealous in the discharge of his duties, and always regularly at his post. He was an excellent penman, an accom. pushed mathematician, and by his activity aad strict attention te his duties gained the confidence of the Collector, Mr. Hoxie, who gave bim @ good positiun, When the latter was succeeded by Lewis J. nirk Phillips was sound to be so vaiuable that he was a, pointed Deputy Collector, He nad by this time made such @ character for himself that it was thought bis chances for appointment to the Collectorship were such as to give 4am and hisfriends hopes that he would succee’, to that important office. Gn Mr. McHarg’s appointment, however, Philips was se highly recomended by Mr. Kirk that the new Collector concluded to retain him in his Tesponsible position, A few months ago it wi noticed in Wasuington that montniy report No. 76 failed to come from the Fifth district, and that errors existed in the stamp account. Instruc- tions were sent to Supervisor Dutcher about twe weeks ago to examine anu report upow the uccount 10 question, The mstractions were fully carried out, and on Monday of last week Coilector McHarg received @ telegram summoning him to Wasulngtou. He bad an interview with Uom- missioner Delano, and returuea on Wednesday, The result was that Supervisor Dutcher received instructions to examine Phillips’ accouns. ‘This duty was at once entered upon, when it was asce! tained that certain defaications eXisted therein would probably reaca $40,000. A charge was made on these premises agatast Phillips before Commis- stoner Betts, and a warrant was isdued for his arrest, But it was too late—the bird bad flown, and ‘was then on his fight to England, where, no doubt, he will be received by an order for nis arrest. ‘Tho propabtiities are that the next news we shail hear oi the runaway will be of bis capture and extradiiion to answer the charges now prelerred against him in the United States | f A TAR BURNER ON THR BENoH.—The Raleigh (N. C.) Sentinel relaves the following incident as iaving recently occurred at @ court meeting in Warren county, Juage Watts presiding:—Junius Garlaad (colored) reuwnarked to the negroes, as his Honor walked into the Court House, “rere goes Greasy Sani; he can’t be much of a judge, for he don’t look like it, LT travelled with Young Koanvke, im Martin county, Where tue jidge lives; he weren’t counted maci of a lawyer; he was a tar barner that kept hounds to ketch runaway negroes,” THE COURTS. Another Whiskey Raid—A Stray Treasury Check—Suit Against a City Railway Com- Pany—An Incident of the Rogd—A Smashed Up Wagon—Charge of False Imprisonment—Judge Bedford’s Charge to the Grand Jury. UNITED STATES COMMISSIONERS’ COURT. More of the Whiskey Ratd, Before Commissioner Betts, The United States vs. S. L. Staniey.—The defend- ant 1s a member of the firm of H. Webster & Co., and 18 charged with making a witnarawal of a large quantity of whiskey upon which no tax was paid. ‘The accused was arrested on the affidavit of Col- lector Joshua F, Bailey, which sets forth as fol- lows:— thern District of New ra that he is York, os, Joshua F. Batley, bel the Collector ot Internal Keven! ‘second district of New York ; deponent furth: says that as examined the books of said ofice and has fond that oo the dik day of August, 1866 the Grm of which 8, L, dtaniey isa parioer, made © withdrawal of 3.5. barrels of > whis ying. tax thereon on @ 1 Tepresenting the ‘sald wi to “amount to i! cat alone, deponent further Ce ee ea ol jons, 0 flogpieformetion ana. rf ‘that both of sald entries made focesaid were {aise and fraudulent y anid Webster & Co. as and that the grounds of jent’s information and veliet of fare certain #tatements made to, deponent by certain Rexsons izant of the said fraudulent transaction, and which depo- nent will produce as witnesses of said facts, Deponent tur- ther says on inf asaforesald that said was rson who, acting for said firm of Webster & the per the one by whom said false and fraudulent transactins were made.” Deponent from information ua nforesuid did give cer. tain sunt of to an oflcer of th of the United States to induce aaid officer to conniv a the revenue of the United States, and did of money as a present, reward or bribe to Mr. Stanley was brought before Commissioner aes and gave $6,000 bali to appear for examina- ion, The Mistaken Treasury Note Case—Mr. Deyo Honorably Discharged. Before Commissioner Shields, The Untied States vs. Lucas H. Deyo.—The de fendant is charged with having fraudulently ob- tained the sum of eighty dollars on a Treasury note payable at the Sub-Treasury to the order of one J. H. Titus. From the evidence it appeared that Mr. Titus, who 16 @ resident of Dutchess county, was expecting a check from the Treasury Department for services during the war, and when @ letter con- taining @ check for eighty dollars came to him in the regular w through = mati he sent it to his friend Mr. Deyo, the defendant, to have it cashed tor him, It turned out, however, that tne letver and remittance were not 1n- tended for him, but for another Mr. Titus, also @ resident of Dutchess county. Qn the examination it appeared that toe d-fendant had acted in good faith in the matter and without any mtent to de- fraud. It was yesterday arranged that he should pay back the eighty dollars to the Sub-Ireasury which he ned unwittingly drawn from it and that the charge be dismissed. Commissioner shields accepted the arrangement as to the repayment and, believing that Mr. Deyo had acted uprightly in the maiter and only as the agent of @ mend, dismissed the compiaint, SUPREME COURT—CIRCUIT~PART 1, Action Against a City Railroad Company. Betore Judge Cardozo. Robert Hennessey vs. The Central Park and North and, East River Railroad Company.—This was an action to recover $2,500 damages for injuries sus- tained by plaintiff in consequence of the alleged neg- hgence on the part of the defendant. It appeared that fn September, 1867, the pialntuf, a litte boy, Was run over by one of ae(endaut’s cars at the cor- her of First avenue and Tweuty- fifth street, and had his nand crushed and was otherwise injured. ‘tne complains alleged that the affair occurred owiug to the careiessness of the driver. ‘The deteuce averred contrioutory negligence oa the part o: the platntur, The jury returned @ verdict for the defevdant. SUPERIOR COURT—THIAL TERM—PAQT |. On the Read—Light Wagon Smash-up. Before Chief Justice Barbour and a jury. Bernard Lavin vs. Charles Doherty.—From the facts developed in this case it appears that the piain- tiff was driving in @ light wagon on the Coney Isiand road, incompany with his wife and child, The de- fendant was driving behind bim and, as is alleged, vhroogh carelessnesa and recklessness, run into the plaintiff's wagon, upsetting it and throwing out ang Injuring the plaintiff and his wife and child, for which he claimed $1,000 di 3%. The de- fence set up was that the horse he was driving was @ ‘long siepper,” in consequence of which the defendant was compelied to lengthen his harness; that the horse broke the ieather of the breeching, which caused the wiltfetree to fuil at his heels; that this had tne effect of causing the horse to siart and run away, and that in order to stop him and avoid the loss of his (defeniant’s) owa life he drove the horse against the plainud’s wagon. Judge Barbour he'd taat the facts detailed would ot sustain the allegation of careless or reckless driving, and he, therefore, dismissed the complaint. COMMON PLEAS—TRIAL TERM—PART |. The Bishop False Imprisonment Case, Before Judge Van Brunt and a jury. Eleanor P. Bishop vs, Robert BE. Jones & Co.—This case was continued yesterday. The clerk of Jones & Co, who sold the goods to Mrs. Bishop was placed on the stand by defendants’ counsel and coutra- aicted Mrs, Bishop in some material points. Mr. overt E. Jones, one of the defendants, aiso fatiy contradictea her testimony. Several dry goods mer- cuants testified to Mrs. Bishop having vought goods at their estaolishments, which were aot delivered in consequence of Mr. Bishop refusing to pay for them. fhe case will be sunimed up this morning. MARINE COURT. Administrator’s Suits to Recover on Notes Bee longing to tho Estate of a Deceased Person— Important Decision. Before Judge Gross. March et al, v8, Bake, Same against Ellis & Claw- gon.—These two sults are brought by the plaintiffs as administrators of oue Henry M. Weed, deceased, to recover from the defendants the amount thereof. The making of tne notes is ad- Mitied, and defendants claim that they were patd. The plaintiffs having rested their case the defendants introduced as a witness one Vermilye, who tesufied that the notes in question were made by the defendants and given to him (the witness) to use the proceeds thereof to his own vene- fit; that he ovtained the money therefor from Henry Weed, deceased, of whose estate tne plaintiffs are the administrators; that when the notes became due and payavie he with his own money paid the amount of the notes to the deceased. To the ad- mission of this evidence the plaintiffs’ counae! objected. Under section 399 of the Code, a8 amended by laws of 1869, I am satisfied tnat this evidence of payment of the notes by Vermilye to the deceased in nig iifetime cannot be admitted. That section ae- Clares that “No party to any action * * * nor auy person interesicd in the event thereof * * * jail be examimed as a witness in regard to any personal traansactions or communications between such witness and @ person at the time of such examiuation deceased, * * * against the exe- cutor, administrator of such deceased person, &c. The evidence discloses the tact that the defendants made their notes for che beneit of Vermilye, loaned them to him, and chat they were discounted by the deceased at the request of Vermniiye; he received and used the proceeds thereol; and it is attempted to be proved by Vermilye that he paid those notes to tne deceased in bis lifetime. I am satisfiea that Vermilye is 1uterested tn the event of the action, for which reason I must exclude the evidence sought to be introauced, Judgment is therefore rendered in eacn suit in favor of piaintiTs for the amount of the notes, with interest. COURT OF GENERAL SESSIONS. Empanelling of the Gr: Jury—Judge Bed- ford’s Charge. At the opening of the court yesterday the Grand Jury were empanelled and Mr. Henry 8. Yerbell was selected to act as foreman, Judge Bediora clarged the jury as follows:— MR. FOREMAN AND GENTLEMEN OF THE GRAND JuRY—By the simple fulfliment of the sviemn oata which has Aee been administered to each aud ali of you.you will a once successfully and faisnfully dis. charge the sacred duties and great responsibilities devolving upon you. tature makes 1t incumbent ‘Upon me to direct your attention espec to toe Excise, Usury, Lottery and Kiection iaws; aiso to the laws against th king of illegal fees by public oficers and to passed Maren 8, 1390, to pre- vent frauds in the aie of tickets upon vessels. It 18 my duty to tform you that if you Gnd an indiqt- ment against a person for a felony the law does nbt perinit you to disclose the fact, except vo the Vourt and District Attorney, until after such person shall have been arrested, If you do, remember, you will ve gullty of @ misdemeauor. With tuese remarks 1 will cause to be placed iu your hands a@ brief for grand jurors, which will bat) &@ Taichful guide tor you in the performance of your duues, Gentiemen, you may vow retire, ALLEGED BURGLARY. John Doyle was tried upon a charge of burgia- riousiy entering the residence o: William FachwetsKe, In Madison avenue, at BOA On the 25d Of February. ‘The proprietor was siting at Lue basement window waen the accused entered, Who, upon seeing him, 3! ran, He was pursued and caught concealed coal cellar of an unfinished butiding, A number of Witnesses were called by Mr. Spencer to prove the prisoner's good character, and Doyle himself swore that he went there to see a girl. ‘The jury could not Agree upon a verdict, and as there were only @ few rors In attendance the City Judge discharged them rom the further consideration of the case, and in- structed the Clerk to fine the absentees twenty-five doliars each, LLBGED 0} Al UTRAGE. ‘Thos. Manes was placed upon trial jointly indicted with @ boy named Daly, chargea with perpetrating 80 outrage upon the persom of Mary Griimths, on the 16th of January, Seventeenth street. She swore that a crowd of young men broke tuto the house and that the prisoner comunitted the rir charged 1 the indictment. ‘The veracity of the com- platoing witness was shaken by testimony, and as ib Was admitted that the accused nad a good char- acter the jury rewurned a verdict of not guilty. A DEADLOCK IN THE POLICE, BOARD. The Assassination Canard—Captain Burden the Bone of Contention—Effort to Bring Him to Trial, but it ‘‘Can’t be Did.” ma CAT AND DOG FENIANISM. The Quarrel Between the “Presi- dent” and “senate.” How the Money Goes—A Book of Tactics Upside Down—"Bifling” the Muskets and the Pock- ets of the Faithful—What Americen- Canadian Fenianism Amounts To. In this country, and all the world over,’ the spirit of the Irish is as obstinately buoyant as a cork and ver tired of soaring aloft among impossibie pro- Jects when 101s not butting its head agaiust some stone wall. If, however, it could be induced to lay aside its green spectacies here, just now, and mount a pair of ordinary, common sense glasses, that would present things im their true colors, we should have much more confidence in its ability to aid its restless and untappy country. Except at elections, the Irish do not appear to be eifec- Uve in the aggregate in any project relating to the independence ot their country. For, so far, in and through the House of Commons only have they realized ,any benefits in thia direction. All their efforts at revolution have been abortive, bow since and before tie union, although it cannot be dented that 1t was through the standing threat of revolution |, Witered by the Fenians, properly so-called, that che Irish Church establishment was abolished and that the English government were compelled to intro- duce their Tenant Right bill. ‘The revolutionary body tn Ireland cannot be held responaibie for the absurdities of the played out Insh politicians here who bave assumed their name and pretend to act for tnem. The Roberts-sweeney- Meshan-O’Neill party im this country bas been a sham and a humbug from the start. It paralyzed the efforts of the brave men who are now in Engitsh prisons; misled its too coniident fol- lowers, ana by raising the ridiculous cry of “War on Canada” worked incalculable mischief to the Irish cause, But it is to be hoped that in so far as the influence of this bastard Fenianism 1s concerned the events which have already transpired and which The demoralization resulting from partisanship 18 ‘Well illustrated in the course pursued by the Board of Police Commissioners in the inquiry as to the origin of the atory published in the evening papers of February 5, of a plot discovered to assassinate Prince Arthur at the house of E. W. Stoughton, on Fifth avenue, ‘The circumstances as elicited by the trial, to be re- ferred to hereafter, and the investigations of Supeér- intendent Kennedy are these:—On the night of the 4th ult. four men were arrested in the locality of Mr. Stoughton’s house, after threatening and assaulting the police. They were arraigned ,belore Captain Henry Burden, of the ‘wenty-ninth precinct, and locked up. On the foliowing mor- ing Sergeant Taylor at the station house informed a reporter of the arrests, ana stated that there was @ supposition that the men, who were acting in @ suspicious manner, had de- signs against the Prince; but, ag there was no posi- Uve evidence, they were sent to court on the charge of assault and battery and disorderly conduct. Tue reporter took their names and wrote tor the MERALD the facts vbtaincd, and threw discredit upon ‘Ube supposition that they had evil desigas, Captain ¥ Burden, learning that one reporter had the particu. | S7¢ still transpiring in this city, at No. 10 West lars, burried to Jeiferson Market, and told the story, | Fourth street, will open the eyes of hitherto gullible With maby additions, to Jolin A. Halton | thousands to the fact shat they have noth- and otuer reporters. To the former he ing to hope from this institation. For many years it has been Grawing upon the impover- ished resources of the poorer Imesh in our Midst, on the plea of putting an army into the fleid for the purpose of measuring its strength with a nation second only to that of the United States, and whose resources by land and by sea are all put inex- baustible; and what has been the result? A squan- dering of wealth untold, araid upon Canada by a brave and misguided ofMcer and handful of men, who barely escaped annihilation; aud now a flare-up at headquarters here, in which the acting Secretary of Civil Affairs shoots down, as alleged, the acting Secretary of War in the publiq, street; and in addi- tion, a rapture between the Senate and the Presi- dent of the Brotherhood which admits of no accom- modation. ‘The management of the organization during the last year bas been of the most {rightfui character in relation to its funds. In the first place we find General Joseph Smoieri#k! brought from Washington at $150 per month to give the benefit of his experi- ence to the War Department and to prepare a work on military tactics, The General wrote the work, and it was published upside down. Noone could make head or tall of it wnen it appeared; and no wonder, as 1t had never been corrected: until it was ready for delivery. It had been stereotyped; and now began the alteration and destruction of the plates to the tune of many hunareds of dollars and @ loss of time on the part of the President, confidea the fact that oue of the men ad- mitted to ofticer Carpenter that they sutended to assassinate tie Prince. He aiso informed the reporters that ‘ue would “ a” uniess they wrote it up. penter was fi ater aud Sop firmed his superior’s statements. The Subérinten- dent took Burden to task for his neglect to make & special report, when Burden stuililied Bimself by aeciaring taat the statements publisied were false, aud he Shae pronounced it “all posh.” Ib came to the ears of the Board and Mr. Kennedy tat Bur- den had promulgated the siory and an invest Was ordered. Mr. Kenedy, in writing, as) J. Halton, J. &. P, Dovie, A. O. McGrew, W. F. Quin- lan and other reporters to staie what they knew of tne case. Doyle made answer by aiidavit, stating that he obtained informauon from Sergeant Tayior, who gave itin a guarded manner; thas Burden, alter his official denial, admitted that he did not Know but charges might be preferred because he had not made a report, and thas he gave to Halton what purported to be Murphy's admissions to Oarpenter that thelr intention Was assassination, Halton bore testimony to tne correctness ui an inter- view had with Burden, ia waick Burdea gave him the particulars for publication. McGrew testitied that after Burdea showed him bis denuaciauon of it as “all bosb,” Ke admitted to him that be haa giveo the particulars wo the Jefferson Market reporters, and cudeavored to convey the impression to him that the dealai had been forced from tim and that the actual facts were as puoiigied. Mr. Quinian bore wstimony the fact that Burden, av Jeiterson Market, with one of the papers containing toe particulars tu bis hand, gave bi (Quiniaa) an several otbers to understand that the lacis were us published, On this Mr. Kennedy made his report sunmitting the evidence, but without recommendations. Mr. Brennan, Mr. Bosworth and the Superiuteadens were auxious to place Burden on trial, but in the Board the Bo ee pte pea, Manierre—fought des- | Colone: Byron and Major O'Leary, who were for perately for Burden and vot ainst it, weil Kuow- | weeks engaged in trying to get the book in ship- that it would put him ly Tiby did consent, m however, fmayd Alm ing ne shape, but in vain. The getting up of this book was and Carpenter on trial. Tho trial showed that} placed entirely in the hands of the Secretary of War, with what result is well known. Smolensk! was savage, having sent a-copy of the work to the Presi- dent of the United States before it was discovered that it had been all but published in pi. At this pommt it was ascertained that the general who bdd commanded the Polish contingent at the Crimea, and who has been recently decorated for able mili- tary services by the Sultan of Turkey, was not a dis- tinguished soldier, &c., and 80 bis services aud book were dispensed With at au expense of thousands of dollars of the organization. But yet @ more important Inroad than this has been made upon the treasury of the brotherhood in relation to the purchase of a specific amount of arms and the altering of simple muskets tuto breech- ‘oaders. ‘This, under the estimate of the Secretary of War, was to cost $25,000—the alteration of the guns to be made at $8 each, which 13 said to be two dollars in excess of what it'ougnt to ve, although it afterwards turned out that between thirteen and fourteen dollars were paid. For this service no #: usfactory vouchers have been produced. Every- thing sngeers to have been done by the rule of these oilicers were not go muci to blame as their captain, who laid the egg frou: which Car- i and he jointly hatched the canard. Mesara. worth and Brennao made over efforts to bring Burden to trial, but the partisans—Smith and Manierre—knowlug if he were arra! upon such overwhelming evidence he would be forever ruined in the eyes of the community, voted “No.” A dead- tock has prevailed ever since, two Commissioners being anxious to vindicate tue fame of the force, by @ trial, and the other two endeavoriug to save @ wan whose whole record shows gross ignorance and 1u- oompetency tor the position he bas been elevated to. Despairing of being able to vring the alleged offender Ww justice, President Bosworth yesterday placed at the disposal of the pregs all the papers ip the case, the substance of which is given above, tH& FIRE MARSHAL’S MONTHLY BLAZE. The Fire Marshal reports that during the month of February there were seventy-five fires in gene os yf mand Saget! thom oa rts 4 A ng upon the transactions in this relation. This New York; that of these nineteen were caused by service bad been performed up to the ap- carelessness, four by incendiaries, five by overheated stoves, tem by Kerosene, four by defective fues, eight by unknown causes, and the rest by accidents, There wern three fires where the loss exceeded $50,000, four with the loss between $10,000 and $50,000, six between $5,000 and $10,000 and twenty- one between $1,000 and $5,000, The luss on build- ings was $204,500; on stock, $524,350. The imaur- ance On OUildings Was $578,500; On stock, $396,000. The following 16 @ comparative s(atemeat for tue poenieos, of Colonel Kirwan by tne late ecretary of, War who has beengbt just suspended, The manner or circumstances of its performance bad been @ source of dreadful annoyance to all the oiticers at 10 West kourtn street, as it gave the Sec- retary of War the whole control of the funds of the brotherhood, which he handied tn a manner xo lively as scarcely éver to leave a penny In the hands of tie ‘rhe result of this, as just discovered, has been that on comparing notes It has beea found that the $25,600 which was to have covered the whole expense of aliering the arma, &c., turas up, monii of February in 1869 aud 1870:— to the utter dismay of O'Neill and others, in the 1869, 1870. | shape of $60,000, which, added to the Swolenskt No, of fires...... ™ 7 biunder and the salaries of che aifferent oiticers, Loss on puddings. $90,310 $204,500 | leaves the organization in the vocative. 1,083 OD SWCK ....66. 316,166 624,350 Whea the senate met recently at 10 West Fourth Insurance oa bunidings 8650 378850 | Street ali this was brought under discussion, but Lusurance On sock. 507,400 846,.00 | More particularly the wordmg of VNetil’s late call for a Congress, in which he piainly accuses the sena- tors, or some of them, as simply mere selfish poiliti- clans Whose patriotism is their pockets, Tuls gave mortal offence; but as the President had a very large majority of the circies on his side he waa de- vermined vo pitch the Senate overboard, and wouid have done It bad not the shooting down oi the Sec- retary of War induced iim to postpone the Congress, as O hel een had already handled so much of tne funds of the brovierieod and as is pressace at the Congress was indispensable. Up to this period the Senate had been vigorously urging the President to consent to the cail being remanded and that toe next Congress should assemble at Cutcawo. 7 Nelll, understanding thoroughly that their design was to gain time so that they might be avie to pack this latter Congress, stood reseluteiy out against them, a8 he was already well aware that some of the delegates appointed to the Congress which was to have opened here yesterday had instructions from their circies Lo stick by him and let the Seuate take care of themsecives. This, however, the Senate had done already; for, a8 will be perceived by the anuexed document, they were prepared to ignore (ue authority of the President altogether and take matters into their own hands had not that assassin- like shot been fired, which tnduced O'Neill to altar his views and consent to call the congress at Chi- cago for the lita of April-— Nuw York, Feb. 28, 1870, TO THR OFVICERS AND MEMBERS OF THE F. B. BROTHERS—1t must have been apparent to the dullest un- derstanding that the late numerous and confliting orders emanating from your executtse, were # certain and infallivie fodjoation that the aifaire of the Brotherhood were not being conauoted under the lat its guidance and government. Th Toval loss... Total insurance. 842,250 1,275,000 Alien G, Taylor, of 512 Grand strect, was tried, convicted aud seutenced for arson, Jor setting fire to his premises, and is uOW serving OUb bis itume oF ff teen years in the State Prison, Joseph Corr, charged with setting ire to premises 314 Fourth avenue, was heldMo bail by Justice Cox Im tke sum of §10,C00, Asssistant Fire Marshal Keady, of Brooklyn, reports fourteen tires during te month, Four were caused by stoves gud heaters, two by explosions, one from spontaneous Combustion of rags, the reat froin # variety of causes. here were two fires where the ‘Was between $5,000 and 10,000, one between $1,000 and $3,000, and tive between $100 and $1,000, The total loss was 24,640; total insurance $30,200. The number of fires was fity per cent less than those of the previ- ous month, Mr, Keady ceusures the owners of the chemical works corner of Bartiett street and liarri- son avenue for negiigence and concealing important facta from the department. There were twenty- seven fires 1n February, 1869, a8 dgainst fourteen in February, 1470, and the total 1088 Was $04,050 as against $24,610 this year, THE SEAMZN’S STRIKE. No Trouble or Embarrasement Apprehended= The Rates of Wag Tne strike among the seamen employed by several of the steamship lines running from this port on the coastwise trade, though it has proved of temporary embarrassment to the lines where the satlors de- clined to work on reduced wages, has now ceased to annoy the vessel owners. The feeling among the officers and men ts, that 1t was @ petty meanness to make @ reduction which to tne lines amounts to comparatively nothing, while to tho seamen who have families or any domestic dependents very serious. The movement was begun of the decine in gold, and may be re- g as one Of the first disastrous eifects of an Tnmediate resumption of specie payments. As Wii be seen by the following lst of wages, there 1s no economy i the proceeding:— PAY OF SEAMEN. Old Rates, New Rates, must bay jm) that meeting of your Congress, and thereby save another exhibi- thon of our nese before the public. We had hoped that g00d sense and @ more fravernal feeling would induence every member of your organization, and we wished to spared the disgrace of Our sacred cause being again nade the news, subject war, ‘or the last six days your Senate bas been in session hers, ‘and hae ulternately begged and prayed that your Executive would consent to jed time aud piace for the caliing Congress wutually agreeable and giv- ‘enough to be fuly aud fairly represetived, ‘and since had by your Senate will be laid your approacthing Congress, and it will ether or out its action wus patridticr rae. For the discharge of his duty one of our body—the truest, Meeban, bas beem stricken down io the midat hand of an assassin, while anotoer oat — of his useful Per Month, Per Monih. | i hourly threatened with a like penalty for nis fidelity as the $30 | secretary of your treasury. ‘40 | _ Inconclusion, after a ‘ull and complete examination of the requirements and olfectiveness of your organization, wo say Coal passers. ++ 40 ‘This table indicates that the vessel owners have cut down the wages of their deck hands and those of the employes of the eugine rovin vy ten dollars, per month. When the movement was fires made known ail tne members of the Seamen's Society immediatety declined to ship. No great trouvie has been experienced in get- Ung new bands, there are pleats of able seamen the {Ci ve! tN on mat ner, 0 iy {Cromwell line of New Orleans steamers, on! sbips four seamen, and the sum saved amounts to cn iemacey the maguilicent capital of forty dollars. lt can ‘There is evidence watch need scarcely be re- bardiy be pretendea that this isa necessary stroke | counted nere that the above circular had been of econouwy. ‘This is the way the men feel, | written before tire gentieman alluded to was fired at, and from their statements and also from | although reference is made to the murderouy attack. the statements of the officers, there is no | The fact is, this unfortunate shot fortunately saved doubt but that the movement wiil greatly Jeo) the President and Senate irom an open passage at ardize the eMiciency of the mercantile marine. No before the public, and the Senate obviously good can come from it any way; but, like ali violent together with the ci a of O'Netil, changes in wages, wien the persons most iateresied the eleventh nour, a8 May be sven from the mani- are the empioyed more than the empioyers, capital | festo published the next day by order of the Fresi- will for the tine triuinph, Tbe lines engaged in tue | deat himseil, combination are tue Merchants’ line, the Kiaek Star That O'Neill is an honest man and has, as is well ine, the Mobie line, the Livingston & Fox line and | known, begua@red htimseif ta this hopeless cause, the Southern jing. "Complaint 1# made that the | and wnat some of the Senate are more dupes tan strikers have not acied in concert, but that seamen | Kuaves, is true; butchatia notthe main point. The have been constantly shipping at reduced wages | question is, will the irish continue to support and Waen wey belonged to the wocieLy a} the sume tune. | prolong. outos their Dard @arnipgs, @ cause #0 re- to you you are not in @ porition at present to meet the de- mands made upon you; when you are we wiil not be siow to when we say d bens the eighth General Congress shall be beld in Chicago) on Monday, ihe Lith dny of APH at trate o'clock aon, JAMES U1B! to Ue aa Senate F. B. Pleve with ratiure and Show low the whole case #1 of enthusiasts to Relp j as ‘A single glance at the circular of the Senate uf that yawns between resident. ‘There ig no bridging it. O'Neill has brought them to book. At thelr last Congress they passed a resolution to Nght at an early day, the President was pushing t! resolution so fast shead that it did not seem to suit some of thew OMice-holding views—more than one of them per- celving tnat once the Fenians Wook the fleld their oo- Cupation, iike tuat of Othello, was gone. Here 18 Where there was a most serious dimculty, The Senate, as may be perceived from their circular, Wanted to lie on their ours for am indefinite period and draw their pay when on duty, while O’Nelll waa ert taking the Held at once and bringing matters to The fact is, this last exposé and disgracefal attempt at assassination will tend to demorulize the whole erganizauon; nor will the Chicago Co! mend the matter. However, O'Neill has the Whi hand of the Senate and nis enemies, because ne how Control oO: the arms and munitions of war, whch, 6 tg said, he shipped across the border in small quaue tities during the iatter part of the summer ae fal, and placed in the hands of his trusty agent im the New Dominion. In this relation he has the ball at nis own foot, and will no doubt get plenty him vo kick if needs be. However, there 1s one thing of which he may react assured, and that is, should ne and hig Men by apy chance escape tne vigilance of our ernment and make an incursion of our neighbors again be can nev! shores other than as a conqueror. move the territories ir return to these lee him caer who may be reckless enough to join any expedition he projects in this conuection be certain ond any veradventure that the citizens of this repubito are not to ve led into the periodical endorsement, of failures whieh may tend to eign relations without beneiiting the cause of any oppressed people. jeopardize their for- TEDDY RYAN'S FILIBUSTERINGS. Adventures of a Theatrical Manager's Wife and the Arrest of a Broadway Diamond Broker—A Strange Story Without an End—A Remarkable De- nouement Looked For. Yesterday, at the Tombs Police Court examination room, a young man, gentlemanly in appearance and respectably uttired, named William 0. Brandon, was brought up, in custody of detective Farley, before Judge Hogan, charged with grand larceny. circumstances under which the charge is made are remarkable, and are likely to lead to very strange developments before the case tg judicially disposed The of. Mrs. Henrietta Frehgh, residing at 24 Rutgers street, wife of W. B. Freiigh, lessee aud manager of the Bowery theatre, is the complainant, and her story in relation to this complaint Is another instance of the perversity and eccentricity of woman, She stated to the Justice that a month ago last Saturday she met &® man whom she bad. not known before, in the street, whose name she understood to be “Teddy Ryan;” he in- troduced himself to her, and she was induced to accompany him to an assignation house, No, 46 Riy- ington sireet, She supposes she was while there, for when she came to herself she found that “Teddy” was gone, and also the jewelry which she says she bad with ber when she went into the house with “Teddy.” Mrs, Freligh described the Jewelry she had lost as follows:—“A diamond brooch, valued at $250; @ pair of earrings, worth $460; iive large diamond rings, worth $550; & watch and chain, worth $160—Mr. Freligh gave that sor them; @ necklace of pearl, worth $30; three stone: worth $25, and @ pocketbook, containing coins an hoves amounting to $J0, Making 1M the aggregate $1,405, My bracelets were left in my pocket.” A CKUBL DECEPTION. “thought,” said Mrs. Freligh, “that Ryan was & gentleman; but ne turned out (o be a thief. My hus band and | have been trying to find hum, but we bave not succeeded. Mr. ‘Freligh requested me to offer a reward of $600 for the recovery of the pro- ty. A few days ago | heard that some of 4 Jewelry was exposed for sale in Broadway. 1 went to No. 702 Broadway, and there I identified a cluster diamond ring as a ring that I had lost. J saw Mr. Wiliam C. Brandon, the defendant, who ocou; the store. He told me that ne knew who he boughi the ring from and that he could get the re- Mmainder of my jewelry jor a consiaeration. He said that if I would give him $175 he could get my ear- rings. 1 told him [ would not give any money until i got my property back, and then I would the reward that was offered. I went to the Centras Oilice and told the facts to detective Fariey.”” THE RETORT BLUFF. Brandon denied saying that he could restore her the jewelry. Mrs. Freligh—I would not swear falsely for double the amount. Brandon—The least he could gay about the mat- ter the better it would be, after being robbed in @ bed house, Mrs. Freligh looked very indignantly and fiercely at Brandon and rushed across to her friend, Mrs, Adams, who was sitting with @ detective on the other side of the room. She poured the cause of her indignation into the sympathetic ear of Farley, who went to Brandon and suggested to him to be cautious and not excite Mrs. Freligh by any unnecessary comments. Farley was sworn and sald:—{ went with Mrs, Freligh to Mr. Brandon's and got the diamond ri from him; he said he Anew who sold it to bim ‘vat he could find ham in & few days; the time was given to itm but he did not find the person; J then arrested bim. Mr. Brandon said:—I got the ring in the regular Way Of business, and there 18 an eutry of the pur chase on ny books, with we name of the persol aailiog and the dave of purchase. I bought jt of sporting man weil known in Broadway, ‘Tais was the whoie of the evidence. Brandon was then called upon for nis informa! exaunnaiion, and in reply said:—My name is Willlam C. Brandon; I |, am twenty-six years of age; native of Orauge county, Mn this State; am by occupation a diamoug dealer; do basi at No, 702 Broadway; Taeny thé charge made here against me; | wish to be defended by counsel. There was @ shert consultation as to the time, Mr, Brandon wishing tt for yesterday a{ternoon, at two o'clock; but that was not convenient for all parties, and 1b was ultimately xed at ten o’ciock this morne ing, When Mr. W. F. Howe will appear for the de fence. MRS, FRELIGH’S “MAKE UP.)? Mrs, Freligit 1s @ lady of considerable personal at tracuions, slightly avove the middie heigit, @ brue nette, with piquant features, readered more piquant in appearance by a saucy looking black Aipine hat, with feather, She wore @ Diack sik dress, with black veivet mantic, and except wuen Mr. Brandon ‘cast Imputations upon her virtue gave her evidence with remarkable good teinper, smiling heartily at her own innocence and sippicity ia being taken 1m by the stranger. Unfortuuately for Mrs. Freligh she 13 not quite a stranger to the fombs. A short time ago she was sent w Biackwell’s Isiand by Judge Dowiing, on the compiaiut of ner husband, for dase orderly conduct. Her conjugal ufe lately has been very intelicitous, and those wao kuow both best say that there are fauits on both sides. In any case the examination is likely to Show up the worst side of conjugal inielicity. A TRIUMPH OF RUFFIAMSM, A Man’s Throat Cut in a Low Den in Laurens Street—He is Afraid of the “Gang”? and Refuses to ProsecutemA Nest of Burglars? Tools. About seven o'clock yesterday morning round@ man McGioin, of the Eighth precinct, ree ceived information that @ man named Pe ver Ragen, @ carpenter, residing at No, 66 Thompson street, bad been felontousy agsauited in the Jow saloon of Thomas Kelly, No. $8 Laurens street, @ resort for low and abandoned creatures, black and white, of both sexes, Proceeding to the residence of Ragen he found a doctor and a priest in attenaance and the injured man suering from @ wound nearly two inches in length on his throat, extending from the chin down- ward, His head was also mangied feartully, he being 80 weak from the loss of blood as to .be scarcely abie to speak. After a consultation with the female inmates of the house he ascertained that Ragen came home abeut one o'clock in the ning suffering from the wounds, his clothes satui A with blood, and stated that while in the saloon of Kelly ne got into a row, when @ gang of the thieves who are constantly congregating avout the place assaulted him, knocking him down on the floor, and while lying apparently helpless Keily rushed up, drew a knife from his pocket and cut bis throat. He finally succeeded in freeing himseif from tue hands of the ruMans, and, gaining the street, wade his way home @# best he could, when he fell exhausied frow the lows of biood. ‘The oMcer, upon the above facts being given him, proceeded to the saloou, where he found the follow- Ing persons, wuom he conv comer of Prince and W Kelly, proprietor; James Dui jes Mead, tin Johnsoa, James Campbell, Thomas Coiling and Heury Carter, the latvera negro, The saloon pre- sented a sickening sight, veing besmearca with blood from the wound inflicted on the throat of Ragen. Behind the bar was found a fine set of bure glars tools, consisting of @ jimmy, braces, punches, chivels, skeleton keys, luse, powder, a dark iantera, &c., which Mead claimed as bis property. Captain MeDermott subsequentiy visited the ine jured man at bis residence, when he refused to give any information respecting the adray, stating he “did not know who dove it; that it was Qs bust ness aud he was the orfly sufferer.” The prisoners were arraigned betore Justice Shapdiley a Jedersom Market later in the day and upon the stateinents of Captain NeDermow were discuarged, as no person appearcd to prosecute them