The New York Herald Newspaper, March 10, 1870, Page 5

“THE COURTS. Action for Injury to Property Under Distraint— Validity of a Contract Made in the Wifo’s Name—The Alexander Poisoning Case— The Sheridan Murder—The Fenian Padinte Squabble—False Imprison- ment Case—A Servant Girl Pleads Guilty of Arson. SUPREME COURT—CIRCUIT—PART Action for Injury to Property While Being Removed Under a Warrant. Before Judge Cardozo. Haydn vs, The Florence Sewing Company.—This was an action to recover $15,000, under the follow- ing circumstances:—The defendant instituted a pro- ceeding in the Third District Court to dispossess tne Plaintiff of premises on Broadway, on the allegation that he held them after the expiration of his ume, and recovered judgment, A warrant was accord- ingly issued, and the p.aintid’s property, which con- + sisted mostly of the appurtenances of a restaurant, were seized and removed, In being conveyed away, Dowever, @ large portion of the property was einer tnjured or destroyed, The proveedings before the, District Court were thereupon removed by certiorart to the Supreme Court, woere the decision of the Justice was reversed, The pialnuf’ now brought the action for the @amage sustained in the removal of his goods. Several witnesses were examined by Mr. McAdam, for the piaintit, aud by Mr. Soule for defendant. The jury returned a verdict for the plainti— damages $5,995, SUPREME COUST—SPCCIAL TERML Validity of a Wifo’s Contract—Question as to Separate Estates. Before Judge Barnard. James A. Byrne vs, Georgiana McCune.—This was an action brought by the plaintiff, a broker, to Fecover one per cent on $65,000, whe value of a house and lot in East Thirty-fourth street sold by the piain- tu at the request of the defendant. It was claimed i the compiaint that the title of the property was vested in the lather or the defendant, Mr. W. G. Fargo, and that he held ia in trust for bis daughter, sho having, as alleged, stated to the plaintif that her father had given w w her as a wedding present, Plufotur procured a purchaser, Mr. lsyrue, counsel for plain- Ui, Concended that the estute was a trust estate, and, tuereture, the contract of the detendant, al- Uhouga = married, was obligatory, even’ if tie utle were held in the name of the jather, and was liable for thig claim under the act concern- dng the estates of married Woiuen. Mr. Cottrell sub- mitted that the defendant had no estate whatever. The tather had ging that the property was bis owo ana that aiter It was soid he devoted fifty thousand dollars of the money to a trust und for her benefit, there baving beeu & mortgage of fifteen thousand dotiars upon it. Judge Barnard held that there was no separate es- tate at the ume of making the contract, and dis- missed tue complaint, 4 COURT OF OYER AND TERMINER, The Alexander Poisoning Case—Aapplication for the Discharge of the Gardiners. At the sitting of the Court of Oyer and Terminer yesterday morning, Judge Ingraham presiding, an appucation was made for the discharge of Gardimer and his wile, arrested on suspicion of having pol- soned Captain Alexander. The prope of the ap- Phcuuon was based upon the fact that not the ugbtest trace of poisoa was discovered im the stomach Oi the deceased, which was submitted to Dr. Voremus for analyzation. District Attorney Garvin resisted the motion, and asked for an adjournment until after the verdict of the Corover had been rendered. ‘She inquest would take piace op Saturday next. ‘The deiendants were present in court, and ap- Peared to have been much broken down in health and spirivs by their long continement, ‘the case Was adjourned till Monday next, The Sheridan Murder. District Atturney Garvin applied to appoint some ay for the trial of Thomas Sheridan, indicted tor the wiiful murder of his wife. On behalf of the peo- Ple he was prepared to proceed with the trial. Edwin James, who, with Mr. Josiah fletcher, ap- peared as counsel ior the accused, stated that he ‘was busily engaged 1m the preparation for the de- fence and desired.no unnecessary delay. The Dis- trict Atworney would prooanly be engaged for some time tn the trial of che McFariand case, and he (Mw Jaics) would suggest that the tral might be pointed immediately aiter that case, Juuge lograham. with the consent of the counsel, Mixed the first Mouday in May, SUPREME COURT—CHAMBERS, Decisions stendered. By Judge Ingraham, Tugnot vs, Gowan e al.—Reference ordered. Bryce vs. Adams.—Motion granted without preju- dics ty vs. Byrns et al.—Report confirined, Carpenter vs, Boch.—Mouon granted aad reference ordered, Conover et al. vs. Conover et al.—Order granted. Severance vs, Cutter.—Motion granted, Jones vs. Lebkuchner et al.—Judgment ordered, Mathews vs, Baidwin et di.—Movion granted. Bell vs, Miler.—Motion granted, Parker, Jr, vs. Shay.—Motion granted and refer- ence ordered. Hickok: etal, vs, Salsman et al.—Motion granted. Lozter vs, Miitster.—Motion granted, Sampson Wood e al.—Motion granted. National Park bank vs, Ellinger.—Mouoa granted. Bodine et ai. vs. Killem.—Motion granted unless defendant stipulates that If the piainuft recovers he 48 entiilea to recover ihe amount, &c Arndt Prist et al. Wenger iotior granted. Wheeler et. al ts. Stoht.—Mouion granted, with ten doliars costs. SUPFRIGR COURT—TRAL TERM—PART 2. Horse Car Accident—Suit for Damages. Before Judge Spencer and a Jury, Amelia Pixley vs. The Third Avenue Railroad Company.—The plaintii? sues to recover $5,000 damages for injuries mficted in falling from a Third avenue horse car on the Fourth of July, 1868, She alleges that she had put her three chiidren on the car, and on getting on uerself felt a band laid on her shoulder, and that immeaiaiely she was either twgned around or pusiied off the platform by that hand, falling heavily to the ground, sus‘aiming se- vere injurics, which coniined her to her bed tor several mouths, The cetence set up was tl mo hand was laut on her shoulder; ti she gob on the car and had not enougl money to pay the fares of herself, cuildren and @ woman who accompanied her; that she paid the fares of the womau and tue eniidren, and, in turning round to get oi the car herself, by her own Megiigeace feli dad sustamed the injuries com- pluined of. ‘The evidence developed the fact that the conductor of the car said plamtil was drunk, and that belore she had time to get eh i off the piatform she heard the bell puiled: a hand was placed on her shoulaer and she immediately found herself pushed from te piatiorm tu the ground. ‘The Court ordered a sealed verdict for this morning. SUPERIOR GGURT-—SPECAL TERM, The Fenian Fund Squabble Again. Baitey vs. O’Mahony.—Yesterday the defendant made # motion to have the plaintiffs complaint stricken out a3 “irrelevant and redundant, sham and frivolous,” for the reason that the same does not state facts sufficient on which to institute a cause of action, ‘fhe mouon was opposed on the ground that the defendant had answered, and that the only way to bring up these questions was by demurrer. ‘The plaintut offered to allow the answer to be withdrawn and a demurrer to be interposed in lace of it, Which defendant deciined to do. Mr. UC) Y oppozed the motion on the ground that an er liad been put m several months ago and that these questions could only be brought up on demurrer. Motion denied. j COURT OF COMMON PLEAS, Fisk’s “Lost Soul? in Court—“The Twelve ‘Temptations? Again, Before Judge Daly. Mary Tisdale vs. Joseph C. Foster.—The above named defendant is now producing the piece already Known to the courts and to tne public as “The Lost Soul, or The Twelve Temptations,” at the Grand Opera House, under the auspices and in connection with James Fisk, Jr, Foster claims to be the author of the piece and to own the wardrobe, scenery, scenic etlects, properties and Accessories used ‘in {ts production. The plaintiff, Who is the mother of the theatrical manager Wil- liam &. Deyerna, has brougut suit agaiust Foster on ®@ claim of some ¢2,000 ior board and borrowed money. On the 16th ult. Messrs, King & Gallaher, counsel for Mrs. Tisdale, issued an attachment agaiust Mr. Foster’s property, and caused the sheriff to attach in the hands of Mr. Fisk and at the Grand Opera House, all of Mr. Foster’s interest in the ‘Lost Love, or ‘twelve Temptations,” the wardrobe, Scenery, &c., and the money arising from its repre- seutations, claiming that Mr. Foster was a non-rest- dent of this State. On an order to show cause, ed on affidavits of the defendant and his daugh- ters, Ada and Julia, aud otners, ex-Governor Lowe, of Maryiand, moved yesterday before its Honor Judge Daly that the attachment be discharged, clattang that Mr. Foster was @ resident. Messrs. Fine & Gailaner, opposed the motton, and read in oppofiion the afidavits of the plainti and Wil- Yan 1. Ds a, und insisted that Mr. Poster was a non-rest . etl. His Livnor Judge Daly after hearing the several NEW aMdavits read, proand con, and the argument of ex-Governor Lowe i favor of the motion and of Messra. Fine & Gallaver in opposition thereto, fully reviewed the facts and law as develo) afidavits and arguments, und held that in law Mr, Foster was # non resident of une state of New York, and theretore denied toe motion to discharge tho attachmeat, wich costs, Thus it will be geen that Buk snd his “Lows Soul” are sul under attach- ment. * COMMON PLEAS—TRIAL TERM—PART L ‘The Bishop False Imprisonment Case. Eleanor P, Bishop vs. Robert E, Jones @ Co.—Thia case, which has been on triai tor the last two days, was brought to a sudden termination yesterday by Judge Van Brunt digmiseing the complaint, on mo- tion of Mr. Beach, the defendanv’s counsel, The ground on which the motion to dismiss was granted Was that the evidence adduced in behalf of Mra. Bishop's case failed to show that the defendants, or any of them, had either directiy or indirectly caused re Seredtand iunprisonment on we charge of grand ny. COURT OF GENERAL SESSIONS. Before Gunning 8. Bedtord, Sr., City Judge. A SERVANT GIRL PLEADS GUILTY TO ARSON. ‘The first cage called by Mr, Fellows was an indict- ment for arson in the second degree against Marga- ret E, McGuire, who, on the 23d of February, feloni- ously set lire to the dwelling house occupied by Abraham Sampson, 314 East Forty-third street. She voluntarily admittea to tne Fire Marahal thac sne set fire to the premises for revenge because her employer had nov paid her wages, The prosecuting oliver accepted @ piea of arson in the third degree, Juage Bediord took we papers and in the course of the day read the evidence, and afier dome so refused to accept the minor plea, statin: that the accused would have to plead to the secon degree 01 else be tried by @ jury. ‘The prisoner sub- sequently ple.ded to the indictment; but before the adjournment of the court sir. McClelland rosé and fnlormed his Honor that when he called at the ‘Lomos to see lis cent he was tujormed by an oilicial that she did not want to see him, Having been informed that the girl pieaded guilty be sought an laterview with ber, and learued tiat some oimcial told her that 1 was nv use for her to have counsel. Mr. MeCleland stated that ha was informed te prisoner was of nosound mind, and asked to have tue p.ea withdrawn, Mr. Fellows readily consented to the motion, and Antimated that aay oficial who mcericred with prisoners and their counsel ought to be severely punished, Judge Bedford permitted te plea to be with- drawn, and suggesved was the trial be set down for next Monuay, 4 NOTORIOUS HOTEL THIEF SENT TO THE STATE PRISON, John Caughlin pleaded guilty to grand larceny, he having been udicted for stealing, on Une 6in inst, a trunk containing $257 wortn of ladies’ apparel. He Was lsctruced Mr. versus vo carry the trunk trom Spring street tv the Metronolitan Hotel. Judge Bedford, in passing senveuce, said that he was a pro- dessional novel Unel, aud ia order to protect hotel Proprietors and their voarders he would unpose the higne-t penalty be could inilict, which was five years’ imprisoument in tie State Prison, A STATE PRISON BID SENT BACK TO SING SING, Charies Cordeay, wio, on the 16th of February, stole two pieces of Silk Valued ac $455 from the store Of Wellstela & Meyer, No. 44 Leonard street, pleaded guilty, Lhe City Judge, ta disposing of the prisoner, asked Dim How ong be nad beca oUt Of the Stave Prison, aud he replied that he was discharged in October, baving been sens were on a similar charge. As he pieaded guilty and saved the court the troubie Of & tial ne Was sent to the Sing Sing Prison for four years, A SUCCESSFUL ALIBI MADE BY AN EXPRESSMAN. Most of the Gay was spent 1a trying an indictment for grand larceny against Josepl Albert, for leioul- ously appropriauing forty-eigut pair of cassimere _-. whica were taken from Fiuk & Sen, 20 Warren street, on ue Stu o1 October. ‘Vhe evidence showed tuat Fink & Son were whoiesaie clothiers, aud that vosepu Hoffthan, a tailor im Willlansourg, worked for them; that on the day in question an ex- bressman calied for the oundle lor ‘bushwick uye- nue,” and M.. Fink understanding that he meaut Hoffman delivered the goods. ‘ine proprietor aud his porter claimed that Albert was the mau who toox away the goods. ‘Ine testimony ior the defeuce showed that Aibert drove an express w ir. Schuidt; ibac at the time of tac all the prisoner was ia Williamsburg. Tne jury be- lieved te alibi, and atier deliverating @tew mo- ments rendered a verdict of not guilty. ‘THE PURCELL MURDER CASE. In the case of Jonn Purcell, tied aud convicted of muruer In the first degree, aud sentenced to be ex cuted on the 8tn of April, ex-Judge S.uart, his cou Bel, nas Obtuned a stay of execution and wil carry the Case up to the Coart of Appeals. ‘the louowing is tne calendar ior to-day:—The People vs. Patvick McDermott, James Clark, James Owens, Patrick tcCave, John Daltoa, Michael Fitz gerald, burgiary; Martin Murray, forgery; Joun Sui- ivan and Toonias food, telonious assault and bat- tery; Edward Hale, Charies Wuson, Samuel Cox, Maggie Crark, John liealey, Charlies Clark, Mary Coniey, James Donohue, grand larceny; Atberc a. Nast, graud larceny and embezzlement; Catharine Dempsey, larceny trom the person; John Flood, re- ceiving Stolen goous. : COUT CALERDAAS—THIS DAY. Supreme Covrr—Cincuit.—Part 1.— Before Judge Cardozo. Court opens at half-past ten A. M.—Nos. 1723, 1645, 1441, 531, 2123, 400, 875, 1897, 188934, 19074, 1921, 1767, 1936, 1407, 2009, 1623, 1879, 903, = is Part 2.—Belore Judge Braay. adjourned Priday. SUPREME COURT—SPECIAL TeRM.— Held by Judge Barnar Court Opens at hell-past tea A, M.—Nos. 60, 67, 82, 83, 85, 87, 88, 89, 90, 92, 93, 95, 96, 98, 99, 101, 102, 103, 105, 109, 110, 111, 112, 1l4, 116, 146, 117, 118, 120, 121. Surkeme CountT—Cramprrs.—Held by Judge In- graham. ndar called at twelve M.—Nos, 63, $1, 412, 113, Cail 137, SUPERIOR CoURT—TRIAL TéRM.—Part 1.—Before Judge Barbour.—Nos, 2217, 1307, 763, 1455, 1403, 999, S81, W09, 1411, 1als, 1415, 1417, 1419, 1421, 1425, Part 2. fore Judge Spen NOS, 2042, 1108, 1814° 1041, 1072, 1828, 2136, 840, 1992, 2148, 2152, COMMON PLEAS—TRIAL TERM.—Part 1.—Before Judge Van Bruut.—Nos. 750, 237. No other cases Wili be taken up by the court prior to Monday, lita insianl. “Masineg CourRT—TRiaL TERM. Judge Curtis. Call of calendar 24, 475, 230 499, ike: ‘Part 1.—Before M.—Nos. 250, 4, 306, 414, 551, 483, 481, 484, 436, 489, 95, 505, 507. Part 2.—-Before Judge 36, 206, 208, 392, 39s, 504, 51, ROOKLUN COURTS. TED STATES OISTRICT coUAT. Condemnation of Property. Before Judge Benedict. United States vs. Thirty-two Casks of Melato.— ‘This property was shipped from Havana on the steamer Cleopatra early in February last, being consigned to Harmouy’s Nephews, of New York, Upon pemg entered at the Custom House it was seized by o:der of the Collector, on the ground that it haa, according to ne invoice, been falsely valued, Yesterday Assisiant District Attorney Ailen moved for the condemnation of the property, and as no Claimant appeared the Courc granted the motion. SUPGEME cOURT—oIRCULT. Devlin, the Pardoned Whiskey Dealer, in Court. John Devlin vs. George D. Crary, Ethan D. Watson and Henry Pike.—fhe plaintiff in this case is the notorious John Deviin, who was convicted a few years since in the United States Circuit Court and sentenced to the Albany Penitentiary for defraud. ing the government, while engaged in the whiskey business, tie received @ pardon from President Johnson during the last days of the administration aud returned to Brooxiyn. Yesterday he brought suit against the derendanis, who are doing business under the firm name of George D. Crary & Co., to recover $4,628, the amount due him for twenty- eight barrels of alcohol which he sold them in Sep- tember, 1867, Tne defence was a general dental. Counsel for de- fence asked for an adjournment on the ground that Judge Barrett, who was also engaged as counsel, was unable to attendson account of iliness. Counsel also requested time to amend the account; but the Court thougut it too late a day and decided’ that the case must go on. An inquest was taken and a ver- dict for the full amount claimed, together with in- terest from date, Was rendered to favor of plaintuf. COURT OF OVER AND TERMINER, The Voorhees Murder. Before Judge Gilbert, In the case of Willlam Chambers, the alleged mur- derer of Dominicus S. Voorhees, a motion was to have been made yesterday by counsel for defence for a postponement of the trial until next month, ‘The prisoner was not produced in court. District Attorney Morris popentee on behalf ofthe people. Mr. Willam F. Howe of counsel for the prisoner, was also,injthe court room before the Oyer and ‘verminer Court, but when the case was called oa he was not present. Judge Gilvert there- fore postponed the matter until this morning at half. past nine o'clock, THE SUEZ CANAL, Facilities to the East India Trade. (From the Singapore (E. I), Times, Jan. 18.) It is @ somewhat singular coldcidence that the two first steamers due here from Europe by way of the Suez Canal should have botn reached us on the game day, and within an hour or so of each other. ‘Tho Sin Nanzing left Greenock on the 11th Noverm- ber, remaimed tiree days at Gibralter, touched at Maita and then proceeded on to Bombay; left Bom- bay 25th Decemoer and Penang 4th January, arriy- at haif-past ten A. M. to-day, The Tnabor sities 6th November ana passed through tie canal on the frst day it opened; sae left Suez on i dalle 25th December, arrty+ ing here avout nlue o'clock cos morning, .to'you lor YORK UERALD, THURSDAY, THE FULLERTON CASE. THIRD DAY'S PROCEXDINGS Examination of United States Commissioner John A. Osborn, Ex-United States Marshal Rob- ert Murray and James Gulick—Im- portant Letter Put in Evidence. ‘The trial in the case of the United States vs. Wil- Ham Follerton was resumed yesterday in the United States Circuit Court, before Judges Woodruff and Blatchford, ‘There was no seeming abatement in the interest which has hitherto marked the proceed- ings in this interesting and important case, Tho court room, a8 On the previous days, was densely thronged, but the same good order and decorum be- fore noticed as prevailing was maintained through- out yesterday’s session. The sitting was protracted, the court not adjourning till after five o’clock. When the jury had been called and answered to their names the examination of witnesses was ro sumed. The first was COMMISSIONER JOHN A. OSBORN, RECALLED» Examined by District Attorney Pierrepont. First became acquainted with Belknap about the ‘7th or 8th of June, 1868; I am not positive that I knew Belknap personally till I met him at Fuller- ton’s office; on that occasion Mr. Fullerton said nothing of the former relations with Belknap, and I knew nothing of them; knew Fullerton since 1860; came from the same county (Orange) with Mr. Ful- Jerton, Q. State the nature of your relations witn Mr. Ful- Terton as to terms of intimacy and confidence. A. I first read law iu bis brother's office in Newburg for a year; Leame to New York September, 1860, where I commenced my studies in the ofice of Emerson & Stevens, in the same oMce with Mr. Fullerton, I hay- ing the use of Mr. Fullerton’s library there, and tt was whilie there and in this way I became acquainted with Mr. Fullerton, and the inurmacy then formed Teniained to the present time. Q. Had Mr. Fuilerton anything to do with your procuring your present oMce? A, He iuterceded to some @xcteut in getting me the position | now lola. State the relauons suosisting between you as to your confidence in anything ie sad toyou. A, t alWays reposed the utmost confidsuce in his word; bis word Was law to me, Q. You had no doubt of the truth of what he said about the Secretary of the ‘Treasury having no con- fideace in the then District Attorney, Mr. Courtuoy ? Repeat what he sald ou that subject, A. Lsaid yes- terday tbat Mr. Fulierton informed me that the Sec- retary of the Treasury had no coniidence im tie District Attorney, that he was delinquent in the dis- charge of his qutes and very lukewarm in prose- cuting parties for violations of the internal reveaue, especially distiliers; that Belkoap corroborated that statement and Cat the lavter further remarked at the Ume that warrants were accumulating ayatst parties and the time would come whep they would have to strike against Courtney, and thay he (8elknap) nad employed Mr. Fullerton as spectal counsel under the direcuon of the Secretary of the ‘Treasury. Q. Apd you believed the statements tien made? A, Laid, Q. Did you see Blaisdell at Mr. Fullerion’s ofice about this tine? A, 1 have no distinct recollection of baving seen him m Mr. Fuslerwn’s ollice; I saw Dim on one occasion whea Dr, Blaisdeil came for me 1n @ carriage to go and swear some Witnesses Lo alli- avis at 71 broadway, Belknap’s ofice. Q. When did you become acquainted with Bel- Knap? A. About the same wre; | iirst saw bin either about tiis bulding or at 7t Beoudway; he was acting for Belknap im getting witnesses and he Would come as a messenger to «wy vitice and mform me from Beikuay that there were parcies who wisued to be sworn at his office, and inquire whether I wonid go to 7i Broaaway to swear tiem or whether they should be brought lo my oitice. Q. Did you use te expression as used by Belkuap that theré were busiels of aliitavis? A. Yes, Q What did Beiknap say in wat con He said thas aitidavits were acc rapidly, and that they Would soon them, [Here followed a repetition of questions and an- swers relaung to Fulierton’s visic to the Witness house on the izth of Jw 8 Smith was baiied by Galick and taken away in @ carriage by Guilck and Birdsall, tai particulars of which appeared m yesterday's Huea.y.) Q When Mr. Fullerton carne to your house on the Occasion referred to did he tel! you any arrange- nent had ocen made to get money from Suita ? ‘The abject of money was not meutioned. Q. You supposed that Smith agd veen arrested by @marsual? A. | did. You did not suppose 1% was a Siam arrest? Objected to. Q. You stated that Fullerton called at your ofice on the day Smith was urresied, and prior to his ar- rest, and got the warrant from you anu then took it away; when Was that warrant brought back? A. That I am unable to answer; 1 think uot for two or three days afverwards. Q. State what is the oustom wien a person is arrested and gives bail with regard to tue eudorse- ment on the warrant. Objected, Question admitted. A. it 18 the practice, when a defendant is brought before me ou @ Warrant and euters into # recogni zance, to Make an endorsement on the vack of the warrant certitying to te fuci; as a yeneral thing Bartice appear before me with their attorney, the arshal not being present, und enter into recorni- zances; 1 send to the ouice for the warrant, anu ia @ day or two atterwards [ make a minute of it im my book and put it on the file; the practice ts for the Marshal tu keep the warraut, but legaliy the warrant shou!d be returned to ihe Coinmissiguer, who is te proper person to keep it. ‘the recognizance and bail bond entered into by Smith at witness’ house Was then handed to lim, and to questions repiled:— a. That recognizance has not been filed. Q. State why this bail bond ana w: course 80 different from tie usual course. A. or three days after Smith had encered into . cognizance at my house Mr. Fullerton cane to iny otlice and stated to me that tnere jad been a mis- take im tne execution of the warrant; wat ie had given the warrant to Belknap, directing him to gu to the Marsnai’s ofice aud get some person depulized to serve it; he stated tliat Belknap, by reason of his position as Special Agent, thought he had neariy ait the power, and felt mecined to give tt to another man to serve; he may have mentioued Windust, vut Ido nos recoliect; ne tue asked me wheter We service Of a warrant in that way was @ proper ser- vice, and whether Simith Was legally arrested; 1 re- piled that perhaps he was, he having heard of the Warrant being issued, aud having been served upon nim, and having entered into recoguizunce, buc init it was nov the way I wanted to nave my warranis served or to have parties arrested. Q. Who was District Avorney at thattime? A, Sainuel G. Courtae 4, Did Samuel G. Courtney call upon yon about this matter? A, He 414; he cailed upon me and asked me it I had issued a Warrant against any ex-col- lecior of internal revenue; 1 toia him L could now auswer the question, and 1 wisted that he shouid ot ask me any questions about it; chat when the proper time caine 1 would lajorm him of everything; i never denied 16, Q. When did you first tell mr. Courtney of that warrant aad bond? (Obdjected to; sustained.) Q. Did you see Smith aiter the arrest? A, 1 saw him inthe fall, at the time of the examination before Commissioner Guttman of Messrs, Rollins, Wariand & smitp. The affidavit of Alexander Gropp, dated July 1, 1363, Was sworn to beiore me; there were two wur- rants issued on that afidavit on the same day tor the arrest of Thomas E, Smith. . Who brought you that ailidavit? A. Mr. Knox, fullerton’s partner, q On the day you issued these two warrants did you see Mr, Fuilertony A. Yee, 1 saw him in this butiding. Q. Siate what occurred between you at that timo With relation to those warrants? A, After I hud signed the warrants I took them to the Marshal's office, and told the Marshal that I had two warrants for him to exec™e against Vhomas ly, Smith; leay- ing his ofice 1 met Mr. Fullerton, who then asked me if { had fssued three warrants; | said no, that idid not think the amidavit would sustain the third charge; he asked me next if i had any obiec- tion to bis taking those warrants to his omice; I think he stated at the same time that Smith was able to give valuable information and he wanted to be sure of those warrants; | told him that the warrants were in the hauds of the Mar- shal; we weut to Mr. Murray, and I said “Here Is Mr. Fulierton, he wants to see’ the warrants;” the Marshal then handed the warrants either to me or to Mr. Fullerton; while Mr. Fullerton was looking at them he made the remark about a third warrant, and I sald that I did not think the aMdavit would Justify a third warrant, ana that the two warrants Were suiticient for that affidavit; he then asked Lf ne could take the warrants to his office, and I said f had no objection, provided be returned them to me; he replied that he would return them to me, and see that the Marshal served them; on the 8thof July Fullerton brought them to my office and handed them to me, and I took them to the Marshai’s oiice and handed them to Mr. Murray for execulion. $ Do you know Mr. Bailey? A. Lao, Soon after the arrest of Smith did you have any conversation with Mr. Balicy in relation to the hes pe Mr, Fulleston was instituting? A. 1 » Did Fullerton say anything to you in reiation to proceedings against Mr. Batley ? (Odjected—ruled out.) ¢ nt handed to witness) Q. Was Smith arrested on that warrant? (a warrant issued subse- quent to his arrest on the first warrant.) A. Yes; he Was arrested on this warrant; there were two war- Tants of the same date; he was examined on one of the charges—bribery—and discharged, and 1 dis- charged him on the other, without examination, Aflidavits put in and read, Q. Were any other affidavits presented against Smith but those you have already referred to? A. Not to my recollection. CROSS EXAMINATION, y Mr. Jencks—Q. Were any inducements held ont our action in these proceedings? A. Mr. Fullerton sald that for the extra time we may call upon you to leave your oillce 1 WiM see tbat you are MARCIE 10. 18 aid for that trom tae Treasury Depariment; but I never rece ved a cent, Q. Did you hear ramors about Irauds having been comrainied onthe Revenue Departwent about that Me Mr. Pierrepont objected, Judge Woodruit thought he might give such romors Mf they had an effect upon bim in the official action he had taken as Commissioner, Judge Blatchford remarked—Not genera! ramors, but rumors thas the District Attorney's oflice was not to be trusted, ‘Witness—The rumors I had heard in reference to Me. Courtney prior to this tme—and they were mere Tumors—as to his connection with certain distillers, together wich what Mr. Fullerton and Mr. Belknap stated vo ine, with the number of affidavits they were getting up, did, to @ certain exvent, Impress upon My mind the necesait matters t from Mr. Courtney, ee ee Q Did mr. Fullerton it to you at the time suggest any other reason, except to secure the punishment of offenders, when you Were asked to issue warrants outside of your office? A. His remarks about war- rants were made with the same view; Mr. Belknap told me that there were some cases ‘where. if the ‘Complainants came to my office, suspicion might be ‘Witness was subjected to an exhaustive cross-ex- amination, being in substance @ recapitulation of his Masements co the airect, 'y Mr. Pierrepont—Q. Did you know any fact against Mr. Courtney that atfected your admuuistra- fon im this matter? A. [did not know any fact then, nor do I now. TESTIMONY OF EX-MARSHAL MURRAY. [Robert Mui Sworn, was formerly United States Marsnal of this district for eignt years.) The witness testified to the practice observed in executing warrants issued by United States Com- missioners. Warrant doted June 12, 1868, handed to witness. Did uot deputize any one to serve that warrant; bad no kuowicage of Mr. Smith having been arrested on that warrant, Two other warrants nandea to wit- ness, dated July 1, 186%. Deputized an officer to serve those warrants on the ist of September, 1868; received them on the dace set for the July 1; on that day Mr. Fullerton came to him and asked him for the warrants; he said let me have those warrants against Smith; replied that be couldn’t let him have them as they were given to him for execuuon; ne said he represented the United States in te matter; Mr, Fuilerton and Commissioner usborn tad some conversation which he did not hear and Mr Osborn came to me and told we to give the warrauts to Mr. Fullerton, ana did 80; thinks he did not them back ul! avout a week after; met Mr. Fullerion and asked him Jor the Warrants; he said be would seud tuem to him; Mr. Osborn subsequently gave tiem to him; the warrants were not served tll Sepieuber; kuew Belknap, burther laquiry tn this connection objected to, Ov- Jection sustained. ‘The witness was not cross-examined, TESTIMONY OF JAMES C. GULICK, James ©. Gutick, examined—Knows ‘Thomas B Sinn; knows Danie ©. Kirdsall; was actoraey for him on the 12th of June; first spoke to Mr, Fullerton 1u Birdsail’s ofice on the 12th June, 1868; on that day witness was in company with Thomas &. Smith th the Supreme Court in this city; was stunmoned in Us case before the Graud Jury; saw Sinith after the arrest; saw hin with Windust; Simth told me he had been arrested, ana asked me to go pail for him; said he Would, and inquire tato tt; Went with smith and Windust to this building; woen they got here Belknap came in, and then Girdsai, Mr. Fullerton and Mr, byatt aiso came in; Mr. Fullerton went up stairs, and Birdsall spoke about adjourning vo nis oilice, and they Went, Smith, Birdsai, Wiodast and the witness; Windust acted as marshal; he did not enter the office with tne otuers; soon alter they got there Futlerton came in; Smith was sick and very much excted; there was a private room into whiten Birds, smita, and witness went; Mr. Fulierwon also came ito the private room, he sat down at a desk with paper and ink before him; Belknap spoke avout accepting $50,000. Objected to’ Uli it Was asceriaimed whether Mr, Fuilerion was present, ‘The Court cautioued witness to confine his testi mony to What Was said and aone only in Ar. Fuller- ton’s presence, Whe Fullerton came Beiknap again spoke about the $00,000; Mir. Fulerion said he did not tniuk be bad any right to settie It; Belknap ims.sted on his night to aci in the matter, a air, Smita Was not then in the room with Fuller- won. ‘the Court again cautioned the witness to state nothing bat what occurred in Fullerton’s presence. Wane. ere Was A Tetsal Of the proposition; Belknap reraataed tm the room with Fuuerton; wit- hess spoke To sir, Fallervon and said to atm that this would entail great disgrace on Mr. Smauta, and taatit would de weil to Seiuie if if 1 could be done without injury to tue government; Mr. Fullerton said be bad noting to say about it, that he merely acted as counses lor Ketknap; Mr. Fullerton thea sat down at tue desk and wrove something on this subject, which Wass © into tue roow to Belknap. ‘The wivuess Was Very andca coniused to his an- 4% aad il was very dificult to ascertain what ons of COnVersauva oecurred in Mr. Pullerton’s presehee aud heating from what occurred in bis av sence. Objection was raised to the course of the Inquiry ated amirimacvely that Mr. Fulierwuin was suid. rufed tat no foundation was laid for the course the examination was taking. 4. Did Beikuap hear ail thac was said? A. Yes, Beikmap heard aii that was said; Me. suilerton was present, but could not Bay that be heard woat was ad; te nverition was heid in tne ordi- and loud enough jor a person With ordinary faculties of bearing to hear what was eel. 4. Tel! wiat was said. A, The proposition was, that $10,000 should be paid into Birdsau’s oands a8 Mr, Suutu’s counsel, and $20,000 worth of George- town aud Alexandria railroad stock, to be used in nis discretion in Lac setuemeut of the case; Belknap ‘cepted the proposition; tne parties then got ito & —luilertou having leit—winess, Sati and Land che oflcer Windust; we went to Smith's Oo get the movey; Witness was surety on Bae ' boud Lor the ollice of Coliector to the amount of $20,000, Q. Whut did Mr. Fullerton say about your bond? A. ft said to Mr Fullerton that if anything was wrobg in the matter L wished nim to protect my Mteresi, aud he said be woud; we drove iron Bird- sull’s oO. Su house, aod there tne money was pald Co Burdsali—$i0,000 Im money and $20,0J0 In ratiroad sock; trot tere they drove wo Jomunssiouer Ospora’s, Where he saw Mr, Fuller. te boud Was entered into and then Lhe party we WoL into ie Carriage again, ana alter going & Nite Way the carriage Was stopped aud we took in Mr. Fuiercoa, and we drove to wwe corner of ‘twenty-sixth sirecc and all got out; tis was on the d2th of Jame, and on We next Gay Suucn left for Canada; saw sir, Pulleriou after Sunita recaraed Irom Canada; asxed aio Me would provect his interest on puiitn’s bond; Fullerton would: saw Mr. bailerton on tue 24th 5 told nim thet Smuih bad revurned; ne made an appointment with me to meet um’ with Sunth wt birdsai’s house the next day; ue said ne ished to see dir, Suuth; we went to Birdsali’s and saw Mr. Puuerton; the laiwer aud Suita re- i to & private room, Where they rematued to- her xbout three-quarters of an four; on oue of Tie occasions set duwn for te trial oi thls vase a person came to won. s sture and made we a proposi- ected to and sustamed,) 1 Went away the second time on the 1st of 1518; did not Know when he re.uraed, AMINATIONDMPORTANT LEVER PUT IN EVIDENCE. Mr. Jencks proceeded to cross-examine the wit- 3, bUL the only notaole and Moportant factelicited Was presented in che etter written In Ute outer room im Bird: 3 oifice, by Mr. Fullerton, bearing upon the negouations beid io the inner room between Belknap, Smith and Wirdsall. THR LETTER was read In court, and runs as follows:. Danie C. BiRpsat, Smith has no disclosures to make, and T#end you on this note thau disturb you a your consultations. Put a stop at ws talk abOUL @ webement, for no one bas authority to settle such matter here. It mast be dose at Wasbing- ton, tf at ail, and I doubtif itcan be done there, You can try, however, and I will throw no obstacle in the way; if the governtuent Will fix tome amount that may be deenied tho Sum Wuich the goverament has been defrauded out weil and good, uch a case, I Smith, while you 1 @ away ou bis journey, and the thing will blow over if you can arrange th quarters, if you do not, however, he m1 aud therefore must give his recogaizan 1 will attend Lo this early ip the moraing, or even to-night, fi you wish. Yours in baste, = WILLIAM FULLERION. ‘the reading of this letter was received with some applause throughout the court. Witness recoilected the letter, remembered the sentiment wp to the word Washington; stood beside Mr, Fullerton while he was writing the letter. Nothing addivonal importaat was olic the court adjourned till eleven tats morning. GREENWOOD CEMETERY, motety in dings again Annual Meeting of the Trustees Yesterday, ‘The annual meeting of the Trustees of the Green- wood Cemétery Association was held yesterday at the office of the cemetery, No. 30 Broadway. The reports sulmitted showed the association to be in s Bone anna pone inert During the year the eipts were as follows:—For cemetery lots, $163,956 15; top intermenisin public lots, $16,662; for intermenis in Teceiving vaults, $9,657; opening of graves and vaults, $33,000 50; Interest, $25,643 46; miscellane- ous, $14,738 76; cash on hand December 31, 1363, $3,106 90. Total, $255,682 78, ‘The total expendivures were $250,080 48, and tho amount of fash on hand December 3k, 1509, 35,622 20. The vant he pot up to March 1 were $144,007 Argount the permanent improvement fund $562,352 $64,535 63 of which bad been added during theyear. Six hundred and seventy-six jots were sold uring the year, making @ total of 19,168 up to the dist December, 1869, In reference to the permanent improvement fund the report pf the president states that if the present value ($30.400) of the land owned by the cemetery outside of the enclosure were added to the fund, and Which, notbeing needed for cemetery purposes, will be sold at some future time, and also the $48,000 for Premium én government securities above the par value at which they are estimated, the {und would amount to $640,352 93. The fund for special repair and maintenance of improvements on lots belonging to those who have contributed to it was given as $14,858 07. A book hag been made up by the association, In which the history and abstracts of the Uues of all He es tracis in the cemetery are clearly set forth, Q.—TRIPLE SHEET, WINE AND WOMEN. The Diamond Broker and Mrs. Freligh—A Milk Punch Party in Houston Street—Teddy Ryan’s Saturday Night and Early Dawn—A Brace of Gay Women. Further developments of the ‘Teddy Ryan” and Mrs. Freligh case were elicited in the examination that took place yesterday at the Tombs Police Court, before Judge Hogan. The evidence was particularly racy. Only two witnesses were examined—the com- Plainant and her friend, Mrs, Yale. The candid, ca- Valier mode with which they related their adven- tures on the memorable night, and how thoroughly they enjoyed their night’s dissipation convulsed everybody in court with laughter, in which the vic- timized complainant and the defendant most beart- uy jomed, Mrs. Freligh said:—Iam married and live at 24 Rutgers street; my husband's name 1s Wiltiam B. Freligh; Lhave two children; the eldest is fifieen years old and the youngest ts twenty-three months old to-day; 1 am living with my husband; we are living as man and wife; I have not seen him for a week ; the property was taken from me at 46 Rivington street; my husdand does not live there; Mra. Green lives there; I had been introduced to Mrs, Green on the day previous to the robbery by a lady friend; as far as I can recoliect I do not think I haa been to Mrs. Green’s before; I will not say positively I have not been there before; Inever saw the colored servant there before; Mrs. Green knew me, though abe had not spoken to me; it was on Saturday night, about twelve o'clock, I went there; [ went there with Mr. Ryan, whois a thief, [ presume; 1 was introduced to him asa geu- tleman at Mrs. Yale's In the afternoon of that day; that was the first time I had ever seen him; Mrs, Yaie boards at 175 Thompson street; | saw Mr. Ryan in Mrs, Yale’s apartments; he came to the house after I got there; we had something to drink there; 1 left Mra. Yale’s between eleven and twelve o'clock at night; Mr. Ryan aad my nephew accompanied me; Ryansent him away to get some cigars; we then waiked along and left the nephew in the cigar store; 1 was taken sick soon after, in Houston street; Mrs. Yale then livea at 54 Houston street; I waiked from there to Rivington street; I took his arm after I was sick; Kyan rang the bell; Mrs. Green came to the door: I told her I was taken sick; there was company down stairs in the house; Ryan and I went up stairs; it was a large room we went in; it was not a bedroom; there was a bed In it; Mrs. Green only stayed a minut’ he left Ryan with me to attend to my sickiess; sent for some brandy; Ryan drauk some Of it; he was not sick, out he nad fume vrandy; 1thad @ peculiar taste and smell; it sent me to sleep immediately; we had muk punch in Houston street; | could Dot tell how wany glasses of muk punch I drank; | did not need dressing when | left on Sunday morning, because | toox nothing off but my nat; 1 did not see Mrs. Green when 1 went away; tt was early when I left; when Icame to alter my sicep J was all alone tn the dark; twas im the netgiboruood of tour o'clock in tae morning When L left the house; I missed all my Jew- elry betore | left; all tae peopie in the house seemed asleep when | leit; I met a police officer in the street and told lim of my loss; 1 told my husband aul apout it on Tuesday morning; it was because 1 was sick I went to Mrs. Green’s; 1 did not see any money paid to Mrs. Green; I oid her I bad been taken Sick in the street and [ came there to get a rest, take a drink and settie my stomach; Mrs. Green did not re- there two mines; Mra. Green said to me,” Mrs. Freligu, be careful of your Jeweiry;” that was said wien Ryan and I weat into the room; I have not seen Ryan since; the milk punches did not atfect me; 1 was periectly sober when I went there; the sickness was not occasi ned by the milk punches, for it was too long betweeu; I dow’t Know what caased my sickness Except it was @ handkerchiet he put wider my nose afier the boy lett us; 1 did not thing of 1 belng chioroform at the time, put t tink so now; 1 teil rigot down mn the street; Mr. Kyan picked me up; he had hold of me; tals was in the street, alter tweive o'clock at night: [ wil swear that fall was not through intoxteation; I am not in tae habit of getting “elev: when J want a drank J take 1; Mr, Freliga taugot me vo drink; Lt have never been jocked up for intoxication; L have not been separated from Mr. Frel i never saw any of my jeweiry undi I saw the ring ia this deiendant’s store; Uiere Was a good deal of jewelry there; when Lasked oimif he nad aring which I described he said Le had; he tolu me that ie pad pald $125 for it; he retused to give uy the ring until le Was taken to headquariers; ue Wanted the ring back frow me when [got It; we delivered me the ring before he ‘Went to ueadquarters and wanted the money or the ring back again. . By whe Couri—{ was at the house in Rivington street about three tus when 1 came to myself I was lying on the bed; 1’ had all my ciothiag oa ex- cept my nat when 1 came to myself; my earrings ‘were tied up io the corner of my handxerchier; Mra, Yales introauced me to Ryan; there were persons in the house wuom I had secn velore, but not Kyan; L Cannot state What number of bowls of milk punch I drank. Question—Have you seen a person m thls court room whom you recognized as ityan ¥ - Witness—I have, but it 13 not ilu; he is like Nim, but it 8 not him, By the Court—Have you said to any verson in this court room that he Whom you recognized was tue man who roobed your Wituess—No, | said be was like him; I have neard that my busband has all wis jeweiry except tuls ring; but 1 don’t know what tratn there is in it; It was my own suggestion that I siould go to the house In Rivington street; | nextsaw Mrs. Green on the followivg Monday; {don’t kaow that the brandy or the use of the room was paid for; no demand was made by Mrs. Green to me for payment; tue bali door of the house was locked when i leit, ana I un- locked 11; when I went to see Mrs. Green on Monday Tiound out this house was @ bad house; my nus- band knew that I went to the house in Houston street; I had been there betore; It Was about uwo Weeks ago Brandon told me that i I gave him $250 be would get my jewelry back; Brandon sent word that he wanted to see me, aud I went up; he then told me tuis; | ade inquiry of hun whore my property was, and he said it was loaned; 1 told him as soon as my jewelry was pro- duced I would give the $500 reward; be did not tell Me the nawes of the person or persons Who had ny property; 1 don’t think | asked juin: | asked nim the naine of the person from whou he obtained the ring; he said he did not know his name, but he knew that the man was @ gambier; | asked nim for @ descrip- tion of this person; the door of the room in Which I was in Kivingtoa street was unlocked when 1 got up to go away; | saw no persou come In alter Ryan left; Mr. Brandon was not, tiatf am aware of, at either of tuese Louses where I had been. By Mr. Howe—It was a diatmocd cross that 1 once had taken away from my neck by my Lusband; Mra. Yaies 18 a Widow, but she hes no giris living with her; I believe sne lets out rooms, bat 1 don’t know who ehe lecs them ont to; brandy, milk anu eggs made up the punch; I cannot tell how much brandy; ‘we did not quite empty a demijoba of brandy aad t think 1t held four auarts. By the Court—When I jell in the stecet. some of the jewelry 1 bad in my pocket inight bave becn taken trom ie. Mrs. Yales, who had attendea at Mrs, Freligh’s Tequest to see if she could identity the young man Who she thought was Ryan, but who said abonce when she saw him that he was not the mau, was called by Mr. Howe and said:—1 did not assist Mm mixing the punch; there were seven quarts of milk used, and bail a gailon of brandy; it Was real good, I ne Mrs #religh.—I mixed it, tial’s cue reason, Witness—There were seven persons co drink it; Ryan was there when this punch was drunk; 1 did introduce him to Mrs, Freiiyit; Le told me ae was a turner; we all had pretty good tume; we enjoyed ourselves very much; Mrs. Freligi was a litte cle- vated; I was a littie elevated myself, and i enjoyed 1t; there were gentiemen tuere; they came from New Haven; I don’t wish to sell thelr n reside there; Lam a widow myseif; Mrs. Freligh and I were the only ladies; she came and told me on Sunday morning what she had lost; she had it on when sne left the house; they all drank milk punch who were there, and drank it riglt square; 1 went to bed and Slept it off; the two genticicn went away vy we four o’clock irain in the morning; when tuey come to New York they always coine aud see me, and we have a very good tine; they had business witu me. Mr. Howe addressed the Court very briefly, stating that his client was @ respectable man, doimg bust- ness in Broadway, and (nat tiis was a business transaction of which he was desirous of giving all the explanation he could. He then called the ae- fendant. Mr. Brandon then gave evidence explaining the Mode by whica he came into possession of the ring, contirming what has atreaty been published. He Produced his business book, in which tuere was an entry of the purchase of a diamond clusier ring for $125, parchased of lanning.”? tHe was ex- amimed by the Court as to a8 kuowiedgs of this man And as to bis enceavors-to Ond lim. He sald he hud known him six monvis and that he had tried to tad him but could not succeed. He was asked as to other siolen jewelry and as to persons now in prison charged with jewel robberies, aud he denied gli Knowledge either of the jewelry or the prisoners, Judge Hogan said that he should take the evidence and read it over, and would give Mis decision in a day or two. Brandon, who is batled ous in $2,000, then left the court and ail the parties concerned, ANOTHER PENNSYLVANIA MURDERER,—The record in the cage of John Deail, the murderer of Richard Harlan, who was convicted at the January seasions, Was transmitted to the Governor on the 4th of last month. His counsel, a short time after, laid before toe Governor @ letter which they had received from afriend of Deaii’s, in Monroe county, stating thas he belonged to a famliy atfeed with Insanity. ‘The Governor promised and has delayed issuing the war- rant for Deail’s execution until this fact was cetab- lished. So far nothing of we kind has been done, and it 13 hardly provable that tue .entence of iue liw will now be tateriered with. Dea remains as c sed us over, He 19 visited by a c.cryyman of ApLish and another of t aylic deweit Datiou.— Reading (Pay) Bugle, Murch 5. 5 EOODWINKING JUSTIC” How a Shoplifter is Lifted Out of the Clutches of the Law and is Not to Be Found When Wanted—Hoe Gets “Sent Up” in Penn- sylvania and is Seen “Walking Down Broadway” Afterwards. Asan exemplification of the manner in which Justice 19 admtnistered in uns city whe following Case 1s cited, In watch itis shown that criminals are allowed every facility to escape punisuiment, Dro vided they have sumicient mesns:—A rather intellt- gent, well-dressed man, giving we name of Charies Hart, @ notorious member of tue Siveil mob belong. ing to the St. Bernard’s crowd, entered, ou the 13th of last December, the jewelry store of rowan & Spaulding, and requested permission to look at some goods. Oae of the clerks. Mr. George UH. Bevan, exhibited several articles, and finally bad ms suspicions aroused by the singular conduct of Hart. betore the pretended customer leit tne store Mr. Gehan ascertained that @ quantity of diamond, pearl and emerald jewelry, valued at $4,000 nad been stolen, He accused Hart of ihe theit, but the latter denied all knowledge of the goods. Beimg presved on the subject ne Onally put his hand into the inside pocket of his coat and drew forth the wiasing jeweiry, An officer was called in and Mart was transie:red to his custody. The prisoucr was tully commitied with- out bail by Justice Hogan at the Tombs, and tbe case was cailed before the Grand Juiy on the Ist of February. But Hart in the meantime had been ad- mitted to bail in the sum of $2,009, aud the first lo- Umation the firm robbed had of bis release was an accidental meeting of Mart and a coniederate in a Broadway store by Mr. Spauiding, who asked him, “What are you doing here?’ Hart at trast feigned astonishment, but eventually admitted that he bad been released on $2,000 bail. On hearing of this Mr. Brown wrote a letter to Dis twiet Attorney Garvin, ivforming bim of the circu mstance and urging an early prosecution, ag the whole community of jewellers desired to nave some protection, in the punishment of these thieves, who heretofore were difficuit to convict and more dificult to retain in prison when sentenced. The Tesult of the letter was that cue case wus set down for trial in January; but Mr. Howe, the counsel for the defendant, said it was distinctly understood that the case would not be caliea until the February term, and such was the endorsement on the indict ment. It had evidently been forced into the calen- dar on account of Mr. Brown's representation that the prisoner was at large on tnsuiicienc bau. Mr, Howe also stated that haa lett the city and would not return until February. bor the ura time three of the members of tue drm of Brown & Spauiding were obliged to leave tieir business im order to secure the punishment of » man reputed to be worth $70,0v0, aud who had offered them $4,000 for Upd ga he bad attonpted to steal. But on tie 12th of Fepruary, the day set down for the trial, no respouse was made when tie cage was called, Mr. Howe was sent for and stated twat Hart had gone to Philadelpiim, where ne bad committed a burglary, Was convicted and sent to Moyamensing prison. Cousegueatiy he could not produce the prisoner, The tmjured parties accepted this statement and allowed tue matter to drop, as the District Attorney said tat bail in such @ case had not been forfeited. Last week, however, oue of the members of the drm saw Hart aua the cone federate he had previously met with bim walking om Broadway, and, ag he passed, the convielted burgiar and shoplivcr smiied afaoly and leered triumphantly. Mc. Howe, on beig in verrogated by the H¥RALD reporter, dectares that Hart is at present in tae Penysyivania State prison of Moyamensing, and if he had received a pardon he would surely have known about it, Lie said the risoner was one of the smartest thieves in New York, and it 18 not likely ne would be io tins city knowing that a bench warrant was out for lis ap- rehension. Mr. Howe could not produce an official jocument to show that Hart had becu incurceratéd in Moyamensing, but said ne pad received hs infor. mation Irom one of the ex-prisover’s pals. The statement OF this confederate Was deemed suiiciont to squelch the case, and no investigation as to its veracity scems to nave been made. THE SEAMEN’S STRIKE. The Present Condition of Things—Is the Mercan- tile Marine Being Weakened!— The Opinions of an Old Salt and a Striker—Tho Wave of Public Opinion—Ship-a-hoy! The Seamen’s strike still continues and involves the itvelihood of more than 1,500 gallant and hardy men, who, by exposure to all elements and climates, are believed to be the vest hands that are employed in the mercantile maring of America. Some over- tures have been made on either band, bu: no def- hite settlement has taken piace. The effect of the movement is to bring destituuon aad suffering to many families In the city, and to those who will feel it most, being as they are tm the bands of merciless landlords and at the disposition of tradesmen who know no other principle than ‘ash down,” Yesterday’s HERALD contained the main points of the strike and the sudden reduction of wages on the part of the vessel owners Taere has been no abatement in the determination of the satiors te demand their rights, though, ef ccurse, the com bination may fall for want of funds. It is to be de Ppiored that the vessel owners should resort to such measures, since their crews will naturally have to be enlisted from inferior seamen, thus putting pas- sengers and freight at @ risk, which the tnsu- rance companies should not allow. Even now many of the coastwise steamera employ in- sufMiciens men to man the boats in case of disaster, and these men, notoriously small in number, should not be weakened in eiliciency by a needless reduction of wages, The reporter yesterday met@ regular old salt, who had eaten sharks on many @sea and had shouted “fiaul taut, mainsail haul!” when General Grant was putting on bis first pair of boots. He jooked as if be could consume the vossel Owners and proceeded to give his opinions in true nautical style. ReroRTER—Good moruing, Jack, saiiors’ strike ? JACK (saking the reporter's band)—Hlow’s your flipper. Come and eplice the main vrace. ReroRTHR (smniling)—That drives our ideas to sea, Jack—Well, then, about these vessel owners aud their skippers; they’re ail on alee shore. I read the HERALD’S account tus morning. ‘The shipping aAvenis have lots of troubie to get men, as you can see by going along South street. REPORTER—W by did the seamen strike? JacK—Because no man with @ family can live om uiirty dollars per mouth without he starves his wife and children, ‘Ihe owners ef the steamship Cres- cent City and George Washington, without any ware ing whatever cut down wages ten dollars a month, at one slap, with the consoling alternative take 1t or leave it. KeporTER—-What 18 the Seamen’s Benevolent Association, its powers, &c.? Jack—it numbers among its members over 3,000 seamen, the majority warried mea, Who make the 0 ests of the society. KeVORTER— How docs the action of the vessel Owners oppress you ¥ JAcK—By giving us only thirty dollars a month to support our families, jor accidents, sickness, disag- How about the vers. Why, We pay ten dollars a month for our rent, leaving only wwenty doliars for living expenses, REPORTER—1L Suppose most of the seamen have been blue-jackets. Jack—Yes, most of us. We ave honorable dis charges, Aud can prove it, KeEPORTER—I suppose national service is not con- sidered It 1s very hard that the men who JAck—No. served Lhelr country in its time of need are to be su- perseded by green German seamen, wio get only from ten to twelve dollars per month in tueir own country siups, and when they come here to New York in German and other foreign ships boarding masters aud their runners wait on them and tell them they are fools to stop in their suips while such high Wages are given to seamen herve; consequently they Tuo away irom their ships and the boarding Master Wil snip them as soon as possivie, DOL caring how many dollars they got per moutn, ouly caring how many doliars he wi! get for soem in the shape Of advances. ‘(hese are the Kind of men, sir, that shipping masters c present ume, There at is aso anol seamen who sail In the Inman and Na u lines of English steamships running the biockade during the recent war. ‘They also ran away irom Uicit ships here, not intending to remain in the Untied States permaneutiy, ouly untii they can save up $100 or $200, when tuey Mit Stick aud square away for Une chalky clits of bol Henglana. AKevonren.—Name your remedy, Jack.—Cougress should take tuis matter in hand and establish government shipping ofices, and cach Seaman should have a certificate of ability to pre- sculon shipping, and also have one to prove his ciuzensbip, a8 there are plenty of seamen here in United States, without having our ships Mied foreigners, When they make suflicieut moucy ear for thelr own country. li these Uiogs done T think, and so do all sea ae) 1 to tho Sea in Ships, What Seamen's Weges Will i the: iW scnading under ter i t @ brisk breeze from Java's presen