The New York Herald Newspaper, December 7, 1870, Page 8

8 TH The Rauasey and Tailer Suit Dismissed. A Yorsonal Explanation and What Came of It— Counsel Bandying the Lie Courteous— They Pitch in Professionally—The Re porters Put on Their Mottle—* Froch Outbreak of Temper—Judgs Bar- nard to the Resoue—The Ead. The War Over the “Frog” on the | Rails in Jersey. - ‘The Erte Railroad suits were again the sensation Of the State courts yesterday. At the close of the Dusiness on MonJay afternoon Judge Barnard dis ‘missed (ke complaints as against Ramsey and Tatior, two of the alleged conspirators against the cem- pany, and promised to give his decision respecting Grosveck on the following moraine. COUNSEL ON THE WAR PATH—A PERSONAL PXPLA- NATION | @n the reassembling of counsel some warm dls- | eussion, of which the subjolved is a report, took | Place: Mr, Tremain—I rise to make a persona! explana- tion, On the eve of the adjournment of the cours | yesterday learned counsel for tue platatuY stated | that on the argument before Juage Brady I had | charged your Hoaor with having made an extra allowance 0 $5,000,000, Mr, Field (interzupting)—It 1s. anustake; I did not j sey that you said so, j Mr. Tremain—You were so understood by myself and my assvciate, Ar. Field (emphatically )—T dia not say 80. Mr. Tyemain—he learned counsel did say that 1 had caused my speech on that occasion to bo pub- Usher i the newspapers, and that L would prova- biy do the same thing wiih tne remarks that { nad the honor co submit yesterda Mr. Prela—That I did, Mr, Tremain—Then I can scarcely understand why the learned gentleman has begged in a matter 80 impertinent and so irrelevant tothe matter on trial here; and J can only accouns for it apon the supposition that he knew Iwas @ stranger to the Court and he proposed to take me in ani do for me, Nke a good Chrisaan, (Lauguter.) Sir, I never ee | inqufred what thelr counsel proposed to do in the NEW YORK HERALD, WEDNESDAY, DECEMBER 7. 1870.—TRIPL SHEET. sajrarese ta Part 1. to make room for Judge Brady, who will preside 19 Special Term this t.rm. TUR BY-LAWS OF THE COMPANY, On yesuming the case after the removal Mr, Field asked ifthe opposite side intended to put in any- thing more, the reply was in the affirmative, Mr. Field then put 12 portion of the by-laws of the company, and afterwards presented thirteen fludings of fact and three findings of law which he desired that the Judge should pass upon, He also desired 1o know if the other side had any objection to them. OBJROTIONS. Mr. Tremain rose and objected to various parts of them ou bebalf of Ramsey and Groesbeck, con. feuding that the complaint having been dismissed relating to these two defendants, the putting in of these facts could answer no other purpose but that of aspersion against them. THE CASE OF BATON, Mr, Henry Smith then argued on behalf of Eaton that no proef ef fraudulent appearance had been made oul against him, and that Mr, Runkle was pol ‘n courtat all, It was proved that Mr. Eaton gave directions to Mr. Runkle to appear on the authority of Mr. Diven, the Vice President of the 060) Des A and it was not proved that any such aut ry had not been given him, — nether a Mr. Diven had not power to give snch directions, It was the presumption, myo | | that the direction was feotly proper. MI, Bip ' then replied, characterizing the brocesdings tn the Rumsey suit as the most atrocious that had ever | occurred in the administration of justice; and it was his intention to present ine ‘acts before the highest | appellate court to teat whether there was not & | remedy against such proceedings. He had always maintained, and should continue to maintain, that | Judge Barnara’s original order of injunction against | Ramsey was perfectly justitable and legal, and ho | would test that question before the highest court in { the Siate, ‘To enabie him to do this he claimed the | right to have the facts he had presented found, as | unt mat had pend place he could not carry the uestion Co te higher court, te Judge Barnard directed that the papers should be hand-d to him, giving tue defenvants an oppor: | wunity to make thetr amendments. His Honor then | cress guit of Ramsey against tho Erie Railroad. vr. Pield-i move it on for trial under Judge Barnard’s erder adjonruing the case till the ith November and which has by subsequent adjourn- ments extended to this day, Mr. ‘Tremain opposed the motion for proceeding | with the tral and read an aMdavit of Mr. Rameey, , in which arcrics of techn cal reasons were suggested | for the postponement of the case, | Judge Burnard, addressing Mr. Field, asked whether he had appealed from Judge Braly’s order, v. Field repited that he had, when Judge Barnard sald that the case had better siand over Ul aiter that appeal hud been decided by the Geueral Term, when the question would pe settled as to wietuer | the action of the Ociober term was a defavlt or | reguiar trial, He would, therefore, adjourn (ue case till the first Monday in February, | | | MOVE GON THE ERIE CHESS BOARD. ANOTHE i Motiow for Discevery of Beoks and Papers | of the Erie Railroad and Argument Be'ore Judge Ingraham—A Legal Teebuicality Proves Trump and Wins the Game. said thal your Honor made an extra allowance | Of five millions of dollars. { never contemplated | @oy such thing. On the contrary, y motion I Was making Was to set aside the erde ing the | ease to stand over, to AX the amoant oi the extra | aulowance; and it would have been absurd for me to | ay tuat an extra allowance had been made. What | 1 did say was just ag pertinent and velevant on that | Occasion as the gentleman's remarks yesterday were | dm pertinent and irrelevant |v ¢ensation.) Now, | T uuderstaud your Honor’s aunouucement from the Shortly after the termination of the above pro- ceedings before Judge Barnard there was another | deal in the Erle Railroad suits. The same lawyers | protested againsi playing in the previous game all took a band, and | forcible possession of our track. They had a track of thelr ewn, but, when it came to their seizing our track, wh! we he it ime to look after ou property. you, they @id all this without our consent or without giviug us@ word ef notice. In fact, it was about as big banded a piece of business as lever heard of. So far as contracts are concerned the law cari settle that.” interrogated as to what the ble loss occasioned by the delay amounted to, Mr. Fisk said it was impossible to estimate it under the cir- cumstances, Ry (gre yp he, “the road earns 00, day, that cou chapman IDEA oF THE DAMAG sustained. It 1s one of those at all calculate, No doubt they tent of $300,000, For instance, ping at a hotel, and a frend as were ne for, Weil, seeing an this moeeade businegs Iu the pers, you mi answer, ‘ a was going og West to- ng, bat I see that the train fou could not Jured us to the ex- now, you were stop- ied ‘You Where you has broken ¢bwn, and I don’t care to go until every- thing 19 right.’ Now that ht happen baie Sa na ou cannot estimate . “in the same with ‘évery publ new. ore ‘ation, fer it natarally takes -mi recover frgm such a shock than $ would in the actual operation itself, Everyb: ean see that, whatever right of way they may have claimed. they had no right to take our trac! fay nothlug of the danger attending such a of business.”’ Referring to the private cansaltation of all cot cerned on the nig! it of the interview, Mr, Fisk ex- jiained that the Interview was held in the office at he west end of the tuunel slmpiy to OPEN THE LOADS FOR THE PUBLIO, tunnel. “And now,” continued he, “you cannot speak too highly of Governor Randoiph in the try- ing emergency, and must say he did a.t 1 his power to bring matters to a harmonious termination. Bat We were determined not to do anytning that would redound to our disadvantage. Of course I would not consent to allow the frog to remain there and was determined that it should be taken up, even If we were compelled to do #0 by force, seemng that I was firmly resolved on that polat could not do anything else than he aid. There were only two thingsto be done— etiher raise a riot or take up the frog, and he chose the latrer, Our cars would not run over thelr frog. 1 would not consent te, and I think it would be AN EVERLASTING DISGRACE to the Erie Ra own tracks, Now, I leave all the legal technicall- ties to the Jawyers, but wiien itcomes to teariig up our track Vm bonnd to gee that it is replaced. The question ts.coming helore the courts, when, 10 doubt, it will be 1Uily and firty disenssed,’? THB OTHER SIDE. “You have already published a@ very fair and im. Partial history of (ho diMica ty, 8) thal searcely any- thing rewains to be sald upen the subject until the legal questions come to be deterimmed by the courts,” replied Mr, Samuel Sloan yesterday even- ing, when asked what new phases the blockade quarrel had assumed, ‘we have filed a cross bill before Chef Justice Beasley, of the Court of Chancery of New Jersey, and have obtained arulo upon the Erie Company to show cause why an 1n- Jnuction should pot be granted against them, re- straining them from interfering with the Delaware, Lackawanna and Western Katiroad in making o broad gauge connection at the west end of the tun- nei, und aise TO STOW CAUSE why areceiver should not be appointed to take ebayge of the running of ai tralos of hoth companies throngh the tunnel, That order,” contmued Mr. Sloan, “was serv upon the company list night, aod 1s returnable the saine da, as their orde: namely, the 12th, Now, you Know, of course, we their taking up tie frog; but they took the Jaw into their own ban and for that rea- under the new shufe the game was quite | lively. This new deal was im the form of a | motion before Jadge Ingraham, of the Supreme | Court, m chambers, made on behalf of the plamciit, | in the suit of Ramsey vs. The Erte Railroad, for a | discovery of all the books and papers of the Erte | Railroad Company, made in pursuance of an order | son we flied this buil.’? ut att you not lay tunis frog without the Know'edve of ‘the Krie Company, or wiihout giving then notice! was the qnery put to Mr. Stoap, who replied, “It was not necessary to give any notice about the laying of the frog; wesiles, they had previously given us their Written promise (o allow us to do3s0, We have a right of way, and in LAYING THR ‘PROG? we acted under the advice: of ihe best counse). There bench 18 a disayewal of the reports in the news- | Stanted by Judge Brady on the 28th ult., then sitting | is one pout 1 would Lke to mention—namely, that papers, As tothe statement that 1 had caused my | spovch to be published in the newspapers, it is just as fuise as te other, Lf [ could ve permitted to uuer Sword of advice to the gentleman (Mr. Field), | *o far my in in learn | ing, in piofe m natural | sweelness of —It would be not to allow such bilious matter—{hearty Jaughler)—to accumulate on Lis stomach go long, but to do as we all oug ischarge our | ur debts at the | ) ny daggers)—In the we Ol the arguunent pelore Mir. susiice Brady upon motion made by the counser to set aside the which your Honor made in the case, that 1» L had spoken withoat any inuma- pelorchand of anyiluiog ofensive Whatever ost cordial relatiogs between us—and, 60 far as | know, mutual respect—took a paper eut of | his pocket and read, to my ceriain knowledge, a | age, On Which Was written and published, vers | atin, in the newspapers the next moralug, this | language used by him in court; b if the geatle- | ma. wil give me bus brief I wal read it, | Mr. Tremuin—It ls here, sir; you cau read tt. Mr. Field took the paper and d.—«Tne Counsel for the Corpyration rises aud asks for his exira ui Qidavit show- | p property 1avol aud dectured: | e! Tuis, said the counsel, | on $100,0,0,000, making | onunued dir. Bled, that re- | ered to ihe reporter and published | ofar as my memory serves me, the next | The whole tung is” a Useue of falsehood | inning toe i never said oae word about $0,000,000, and J never made any hatever as to ihe amount of allowance allowance. The dng the value oft I will allow live nage verbatim, morning. trom be; 1 wou'd present io the Court en the ith to show _ what seryice had been rendered, And wien I read | tuat statement determined on the first | brand dt (i ateuly), as Inow do brand | untrue in every respect, It does so happen that | m this iigation Lam never permitted to com into | { bul there ls & personal attack made upon me, | a8 though counsel cannot argus witout al- | h 13 Wholly unprofessional oper. uel mere abstractions; | 4 have no jeeling; they have nothing to | intpie duty to thelr client, to e | ¢ in which they are en wid them to be, And if the ¥ proce m law conid be condacted without un tions, $0 far as the Conse! are conc far better than under t 4, | dy | tion aud reerimiuoat.on that pre- | myself I from allad- | 1, "or, them = hy | i refer to them as ecounsei, | -opposiie side—that is my invariable inten: | tou, abuny rate. New, a3 0 What touk place yes | terday. J did not say that the counsel nad asserted | wuat [ suid ju cou.t, and I Wil lake this oceasion to state What I did not state then, that waat has beeu published with respect to my statement is a mon- strous fal-ehood trom beginning toeud. ‘This abuse ol reporiipg Aas got to bea nuisance which must | be stopped. 1. seems to be forgotten that wo make a gress aid aie report of proceetings ti cour’ cuiplolthe court. Itseems o be the intent vin persoas—not the honorable members of provession—to pervert everyting Vial takes Place in court, tor the purpose of suvserving some ‘onject of their own, I protest against such practice, and I hope it will yet be visited as It ought to be by those Who have tt in their power to correct at. Mr. Tremain (sneerosly) ~My friend has no righ t to complain of beg j ut inthe deeasive. I suund by what l said. What was there of provocation or abuse in the remarks [ submited to te Court yes- Yerday Which justifies ar excuses the gentieman in ringing up a matter soime four or five weeks old ? Your Honor, the reporter was 4 gentleman of racity who reportd your romark: fricnd’s memory is at fault, Ne reluctant than } to intrody debate. IT cia that on ti Was proved by afiidevits, stating that the learned gentleman was tie pritcipal actor, your Honor participating but Litle; ara when wy frend denies | this as impertinent f amwiling that it shal pe seblled by | f ivar my No mau is ever move ‘@ personal mutter into a t Moton the wansacticn rnb Liaent 4 vers Of the bar, As to the repor'crs, | aim Lot ere to vindicate nem; they | ean lake re of themselves. Mr. Field—Tue mR has put fo aa state. | ment highly iojurious and Ulery unWUE T. Tracy Lis substantially true, va Zuere may be | @ few inaccuracies of tie 1epor Mr. Peekbaiu—i rec { csttuctly that this mat- ter was Velore your Honor ona motion to dismiss this complaint. ‘Tne order wa tbat which stood over to Ix ihe amount of the exra lowance, and Mr. Field then suid, in 80 many words, that we extra allowance m the suit at Rohester' had been $92,000, ani that this suit was of great deal moro importance, when your Honor sid suostantially mouat ine Suet you would | id that you wished an adidavit stating ty volved in this controversy, and graut tie usual extra aliowa sce of fre per cent, dudge Barnard—Not to five por cent. ANOTHER PALAB BRAND THROWN TO HE BURNING, | Mr. Pecktiaim (continaing)—Mr. Fielc stated that the amoust involved Was.the property othe Erie cor- poration, Worth $10,000,000; and when nat gcutie- Tan brand turn, In thesame kind of lange id 18 Assection LOW As filer, 4 (Sensation.) Mr. Bite (very blaudiy, but ironical What a police and civil gentleman, Li Jest ebonen, might say. Had it been said elsewhere at migat have to ifled. In order that Imight be sure J Lad not meade a mistake when this attack of the genieman w first made beiore Justice Brady, Exent lo the stenograpter for a verbatir re« port of what took plac, and Lhave it now certited, 1 will send for it, TO THE RESCUE. Judge Barnard—In regard to tils dispute which has avisen with respect to an extra allowance, it secs Lome to be of very litte importance to any- body but myself. J mever allowed any five millions ©! dollars to wnybody; but 1 remember saying that I sbould give an allowance not to exceed five per cent Upon the amount owned vy Ramsey. But that 18 not dive milious of doliars. If looking at tue testimony J bave come to the conclusion that the case cnnnot be maintaned againat Mr. Groesbeck, 1 therefore dismiss it without costa, leaving the charge of cou- epiracy standing against Kunkle and Eaton. Mi. PICLD STILL RAMPANT, 4 Fi )—Leare not > he ¥ho has Jeld—The Court wili note my exception. Field read the stenographer's notes, which conttined Dotiing of the 100,000,000 alleged to have deen introduced by Mr. Field on the oceasion to which tiey referred—he 1st of November, CHANGING THE VENUR, Atthie juncture Judge Varnare and the counsel | the trial, | on, would grant such an order unui the case | Dan, | on behalf of the stockholders of the company, the | them, and at every step they had met with injune- in chambers, to show cause why an order compell- j Ing such Alscovery should not be issued, Mir, Field moved a stay of proceedings, on the | ground that Judge Brady's order opening the de- fanlt had been appeated from, and, if get aside, that the caso would come up before Judge Barnard on a mere question of extra allowance. Mr. Peckham said that as they understood Judge Brady's order, f the same was set aside that the | case would come on tor trial, and that if it was not | get aside that the case would be tried all the same. | In any event the case would be tried, and what | they seught to accomplish in vhis motion of | discovery granting access to and examlpa- i tion of the books and papers of the Erie Railroad Company, was to get ready for They first heard of the appeal from Judgo Barnard, They bad neyer received any notice of this appeal, which was an appeal from the order of | Judge Brady, vacating order dismissing compiaint, elerred to the Injunction previeusiy served upon lem, and urged tat as soon as relieved frora this they had used every possible diligence in preparing | for and bringing the case on to trial, He taiked at | length and que warmly on this point, dwellin with pecuilar vehemence opon the obstacles place iu their way by the defendanis, Mr. Picid insisted that Mr. Peckham had evinced altogether mo jecting in the case than the eircum- | Slances warranted—more feeling than was natural | or becoming in the discussion of simple legal | question, Ibis attempt at discovery of the books ! aod papers of the Erie Railroad Company he char acterized a8 & Most comprehensive and m@uisitor! proceeding. Jt Was not known yet whether ine | case would be tn He did nor beleve that | the Court, in the exerelse of tts jndicial discre- | came On for trial. He asked this stay in the erdi- ary course of proceedings, He then went into a history of the case, charging the plaintiits wita ug it io the face of one judge and then going before another judge. He would not be a party to any such proceedings. The other party had been very slow all along-—nad rejected one chance tor trial, and now they were tn a terrible haste, Mr, Trewaln most urgently ins:sted that the mo- lion be granted. He thought it surprising that the first Knowledge they should receive ef aby appeal | Jrom the dectsion of Judge Brady snould come from Judge Barnard. This sutt was brought against men | who had traniulently obtained possestion of the © ©6Rallroad franchises—against Fisk and old, the front and head of the fraud. Trey desired an examination of their books and papers victims of their frauds, It was about tme, he thought, they began to show some feeling. Shey had only been seeking the remedies the law gives tions, orders, motions, to deprive them of their | vested rights. A bul of costs hang in terrorem over the head ef Mr. Ramsey, In the name of justice they protested against attempts at stuy of proceed- ings, and hoped their motion would be granted, field to replying showed that he bad reserved shot for the las He pressed as fatal to the motion the tact that the petition upon which it was based was not ey verified, inasmuch a8 the commissioner of deeds before whom the jurat Was taken had not aMmxed tothe same the State be lived In and place of psiness. ‘There was some sparring on this legal technicality, which ended in the Judge sustaining tne objection and granting an adjournment until next Monday for correcting the mistake, THE IRON BLOCKADE. ‘The War Over the “Frog” on the Ralls in Jersey—Passengers’? Rage and Lawyers’ Joy—Two Sides of the Rompus av Ropree sented by the Twe Opposing Magnates—~Pre- parations for the Legal Contest. Viewed from any side the blockade near the Ber gen vonnel on Friday last was perhaps the most ex- traordinary event that has taken piace since the in- troduction of the iron horse into this coonwy. But apart from tie NOVELTY AND SENSATION of the affair such an occurrence must generally be deplored, to say nothing of the universal indigna- tion which it everywhere created, That tho tl-treated Passengers should give fall vent to their feelings of disappointments and annoyance fs at once apparent. Indeed, those bound homeward by ra!) on the day in question did not at a'l conceal thelr ideas on the sabject, nor did they at all hesitate to give earnest and emphatic expression to their censure of the pro- ceeding, It was the prevalent opinion that, if such a high- handed piece of business be again attempted, vigor- ous officll action would be promptiy demanded. Doubtless the blockade will Involve MANY LEGAL QUESTIONS, and no end of suits wii follow. The lawyers will, therefore, have reason to rejoice over their coming harvest, the seeds of which were stubbornness and stupidity. Beth sides claim to be in the right. which, since the whole transaction was markea by danger and inconvenience, ts clearly an Impossti- bility. In the course of an interview yesterday Mr, dames Fisk, Jr., earneatly set forth the culpability of the Delaware, Lackawanna and Western Rall. road Company. He insisted that they had no rignt there and the Erie Company, he contended, was entirely justilled in taking up the frog. Suits for damages had been brought against the Dela- Ware, Lackawanna and Western road by the North- ern and Hackensack Ratiroad companies, He was ef opinion that the Delaware, Lackawanna and Western Company had no right to occupy main track of the Erie without its tion at his desk, observing that a cross bill had be | tht the freg was down. The whole thing Was complete on what day we would doit. Their engine ran over it, and the obstruction of the tunnel was owing to their not gomg right ahead, They could have done 80 a night and nave the trains ta time through the day. We did not opstruct anything. Jhey could have one right through and the question at issue could he Lested just as well witn the frog down as up. The issue couki have heen tried with the frog laid. | ‘The whole thing, in fact, turns upon the question of compensation, and the compensation could have been determined by law, while THE PYBLIC WOULD NOT HAVE BEEN INTERRUPTED in going to and from thetr homes. The question could have been determined with the frog up or aown.” “they complaw, Mr. Sloan, that the track on the brie road was torn np and removed,” Was another tuterrogation that elicited from Mr. Bloin the reply that the Delaware, Lackawanna and Western Railroad Company had the right to lay | the frog. Mr, Sloan further stated that the Boonton branch, which in some way seems to have caused the ditienity, was stil! running, but on the narrow gauge. It was, he said, only a branch of the Morris ; apd Essex road, except that it stopped at Paterson. Ti had not carried as yet auy passengers or freigut over the other road. This was all, and Mr. Sloan resamed his oceupa- ed and that the law would determine the nite an interesting battle 1s at hand. ues- Both ti be im the wrong. Both sides are preparing ior ibe struggle, and a severe contest 13 at hand. THE WISTORY OF THE TUNNEL DIFCICULTY, 48 Stated by the officers of the Erie road, is as fol- Jows:—ibe Long Lock Company (swallowed up by the Erie) cut the tunnel througa Bergen Hill for its own Use at ac st of More than $1,009,000, No other roaé had any right to useit. The Erie, in its early poverty, accepted @ loan from Mr. Stevens, of tho ficboken Land Which, and without auy other consideration, 1% per- mitted Mr, Stevens to run @ read from Mobeken to Newark through the tunnel. Subsequently, Mr, ens soli out this short road to the Mortis and ailroad Company, This latter road connects OTHER ROADS REACHING NEWARK, with the Delaw Lackawanna and Western, and may eventually exicnd by couneciions to the Pacific. Now, the Evie peop im, by what right do all the roads and branches connecting with the Morris and jege of ruhuing trains through y, mone at all, 2or occupy the proverty of the 1 10 the other, lor by the agree- 0 evens ii was specified that uo road rouning in rivalry to Erle should nse the tunnel. But the Morris aad 13 now leased to the Dela- ware, Lackawanna and Western, abroad gauge road, whch is an acuy ympeuitor with Erie for thronga tramc, and consequently tne Erte people claim that the Morris and Essex people have forfetted the.r privilege, Mr, Slo ome Uine ago agreed with Mr, bas violated nis agr forcible possession. ement by attempting to take Action of the Hoboken Co umon CouncilThe Snrreet Commissioner Ordered to Remove the Erie Railway Tracks-The Corporation Attorney a Lutie Tao Quick. That little unpleasantness between certain folks holding possessions on the vast tract of swamp in Hoboken which some day or other is to be Seven- teenth street in Hoboken and the Erie Rallway Company was brought to the notice of the City Fathers at thetr meeting last evening. A petition was presented from several property owners calling attention to the trespass on their domain and pray- ing for relief, Tne petition was referred to the Committee on Streets, and that conclave forthwith very few persons in Hoboken will be inetined to give them credit for, Anod and a wink from this member to that and from him back again, and THE WHOLE THING WAS “¥IXED,’? It was plain a3 noonday that the little matter had been dh: and arranged before the Councti wet, aud ths passing round of the wink was but tne sig- nal that all was realy, One inember arosé and submitted the report that ‘he committee were favorable to the petltton, A resoiutton followed, directing the Street Commis- sioner to remove the track of ihe Erie Railway Com- pany from the disirict referred to, and it was adopted without debate, At inquisitive Individual tu the lobby stretched his neck across the rating and asked one of the venerable Fathers, “When is this ting to be done?” and was informed that there AS NO TIME SPRCIFRD but that the Street Commissioner could move in the matter at his discretion. This reply seemed to satisfy the inquirer,{who turned out to be one of the parties tntereste It appears that the notice served by Corporation Attorney Besson wus PREMATURE AND UNAUTHORIZED by the Council. That body passed a resolution con- cerning the removal of the track, but did not autho- rize their attorney to issue the notice. Nobody sert- ously believes that the tracks will be disturbed, The Corporation bas shied toe cap into the ring, and it only remains for nrie to come to time. Such is the impression of sensivle men on the whole affair. The Tumor that tis # plot on behalf of the Morris and Uiseex Railroad to offset the tunnel difficulty 18 with- out foundation, A few enterprising individuals who think they have found @ mare’s nest suggested Unis course of action. The Erte Company leased this road from the Hoboken Laod and Improvement Company, and those who think that Fisk will have to “PAY OR PLAY?! may find themselves intsinken, One of the Conncil- men, In @ Conversation after the meeting last even- ing, observed that the publication of that notice from the Corporation Attorney before the Council had taken official action on the matter spoiled the whole afair. "PERSONAL NOTES, Senator Revels has purchased a Mississipp! plane tation of 1,100 acres, ar ee Consent or put down any irog that would connect the two distinct linea. hen questioned a3 to the right of way through the tunnel which the Morris and £esex road derived from the Stevens estate, Mr. Fisk went on to say, “No matter evout their right of way, ; NO CONTRACT GUARANTERD the Delaware. Lackawanna aud Western road & take Mir. Sloan | al if they coud not protect thefr | | atten o’clock in ihe morniog. They dld not expect we | weuld do it on that day; in fact, they did not knew aim to bein the right, but somebody must | nd Improvement Company, for , ‘They mighs as well | Gould to setile the question by a friendly suit, but | set to work with @ promptness and despatch which | COURTS. THE - The Jay ‘Cooke Sevon-Thirty Case—Brip-sS ow the Track—Alleged Fraud in the Purchase of Cotton—Heavy 8 ,atences in the Court of Genial Sessions—Jn- rors Fine4—General Business, wy UNSTED STATES SUPREME COURT ——DECISIONS. Invalidity of Indi: Land Titles—Municl- Commercial Regulations—Attachments Agninst Absconding Defenduute--Military Banishments a Bar to Civil Sul's. WAsuHINoTON, Dee, 6, 1870. ‘The following decisions wore delivered to-day in the Supreme Court of the United States:— No, 44. Stevens vs, Smith—Error to the Supreme Court of Kansas--And Two Other Cases,—The ques- tion in this case was whether, under the treaty with them, the Kansas Indians could alienate their lands ‘Withons the offictal sanction of the Secretary of the Interior. Several of them, heira of the original | grantees, sold their lands to Stevens, but, after- wards, brousht these actions to recover them on the ! ground that they were mcapacitated to sell. Onthe trlal the Court refused to slow the documents, pur- porting to be deeds to Stevens, to be mtroduced as evidence, holding that the grantors named therein could convey no ttle. ‘This Court afiirm the judg- ment entered, holding that, aa the authority to sell | Was vested in the Secretary of the Interlor, and was | withhold trom the Indians themselves, the sale was in violation of the law and yord, and’ that Stevens took no ttle, Mr, Justice Davis delivered the | opinion, | _©as@No, 66, Downhamvs, The City of Alexan- { ria in Error to the Fifth Judicial Distrit of Vir- | ginia.—In this case the city of Alexandria imposed | a tax of two dojlars on agents and deaiers in ale and | beer by the cask, not manufactured in the city and | brought there for sale. The tax was resisted on the ground that if was unconstitutional, being a AX On commerce, and that it discriminated tn favor of local manufacturers. The. court sustained the tax aud the case was brought ‘here, where tt was held that no | question was ratsed by the record, which this court | could consider under the tweuty-fith section of tae | Judiciary act, as the record does not show mat the | tax was tobe imposed on manufacturers outside of , the State, but simply on those ontaide the eity of | Alexandria, Insuch case the questions suggested do not arise and the writ of error 1s dismissed, Mr, Justice Fieid delivered the opinion of tne court. Case No. 87. Cooper vs, Reynolds, Error to the | Court for the Eastern District of Tennessee.—TMs 1s | the case brought by Reynolus to recover back his property soid {6 Cooper at a Sherii(s sale, on a judgment of $24,000 against Reynolds and others for | imprisoning the person of William G. Brownlow, | now Senator, at the outbreak of the war, The Court below held that the prpcendl ae in the Brownlow suits wee void, and that Cooper took no ttle from the Sher ™ That judgment is reversed; this | Court holding that the State court, in which | the Brownlow action was brou:ht, hid authority to issue the writ of attachment against the property of persons absconding from the State, and that such | actions could issue 1n actions of tort. The judgment in that case was held to be void and the case was remande | fo: new tilal, Mr. Justice Miller de- livered the opinion of the Court. Mr. Justice Field | dissented, taking the view that the State court never acquired jurisdicuon in tie case of Brownlow vs. Reynolds, Case No, Srom th 39, Jones vs. Andrews et al.—Appeat see, —The bill in this case was fled to restrain ection of certatp promissory notes for failure ofconsideration, The complainant being a citizen of Georgia, and one of the defendants being a citi- ven of New York and the other of Tennessee, the bill was dismissed for waat of jurisdicuon, This ) Court holds that, as Andrews voluntarily appeared, although he did bot reside in the district where the guilt Was brought, the Court thereby avaaired juris- | diction under the act of 1839, The decree below | was, tnerefore, reversed, Myr, Justice Bradley de- livered the opinions. No. 59. The United States vs, Hut on—Evror to the Circutt Court for he District of Wisconsin,—In | this and other cases decided with 1t the act of Con- | gress required of the defendants, as distillers, that , they should enter, ina book for that purpose, the number of gallons placed in warehouse and the ; Namber of gallons sold, &c,, and the proof thereof. | Their bouds also provided that thoy khould do 80, | fad the bre: od Was that they had not done | as requir Court below hela defendants a bond to this particular act, the bond revuired of them was void and the judgment was void accordingly. The government brought the | ease here, insisting tiat ag the bond was voluntary | and being prohibited us against the policy of the ; law, it was valid; also that the condition which re- quires a true and faithful conformance to all the provisions of the act necessarily inciudes the duty here not performed. The Court sustain this view of the case and reverse the judgment. Mr, Jusuce Swuyne delivered the opiuton. No. 58 Dield vs. Farringion et al.—Error to the Clroutt Court for the Eastern District of Arkan- sa3.—This was ao action to recover advances made by factors on essigaments, The questions of fact under the charge of the Court were decided In favor of the factors, The refusal of the Court to charge as requested assign as error, a3 also certain portions of we charge. The judgment was re- versed and a new t ordered, Mr. Justice Strong delivering the opinion of the court. No. 82, Dean ve, Nelson et al.—Appeal from the Circult Court for the District of West Tennes- see.—This was a suit criginally brought before the Civil Commission, appointed by General Veatch, | commanding at Memphis in 1863, to recover on cer- | tain promissory notes made by Nelson, He tien bein, Within the Confederate lines, where he had been sen! by the federal military authorities, the judgment was by default, with an order of execution against certain: stocks of te Memphis Gas’Light Company owned by the defendants 11 case of nenpayment. After the close of the war this sult was commenced to recover the stocks, and the decree below was that they be transferred to the plaintiffs there upon pay- ment of the amount of the notes, &c, That decree was bow modified and aftirmed, Mr. Justice Brad- ley delivering the opinion. COURT OF “MPPEALS DECISIONS. ALBANY, Dec. 6, 1870, istons have been renderes AA eae me The following deci: Court of Appealsi—" — Charles Starbiad, Agent, Respondent, vs. Samne) H. Barrew et al., Appellants.—Judgment reversed and new trial granted; costs to abide tne event. In the matter of the application of the Rensselaer and Saratoga Rallruad Company to Acquire the Title to Land, Respondent, vs. Emerson E£. Davis et al., Appellants.—i'he order was reversed and the application denied, with costa, without prejudice to ‘& New application, Sarah Wood, Administratrix, Appellant, va. Eras- tus B, Phillips, Kespondent.—Motion to dismiss the Appeal denied. ohn Beisegel, Respondent, vs. The New York Central Railroad Company.--Judgment affirmed, | with costs, | . Mary M. Hamilton, Respondent, vs. Joremiah Van Rensselaer, Appellant,—Jndgment affirmed $136 11, and reversed as ww the residue, without costs to either partyin this court or the Supreme court. Wilham L, Burke et al tine et al., Responden costs, “ay apna vs. Eliza Valen- fudgment afirmed, with COURT OF APPEALS CALENDAR, ALBANY, Dec. 6, 1870, The following 19 the Court of Appeals day caien- day for December 7:—Nos. 72, 73, 70, 74, 76, 76. UNITED STATES CIRCUIT COURT. Question of Jurisdiction. Before Judge Woodruf, Oyrenus Wheeler vs. Cyrus H. McCormick.—The plaintiff is the well known owner of various patents for reaping and harvesting machines, The de- | fendant ts the manufacturer of the reaper which bears his name. The plaintiff sued the defendant as an infringer In the Circuit Court of the United States forthe Northern district of Lilinois, Subse quenuy the plaintiff, Snding the defendant tn this | clly, brougut another suit against him in the Circuit | Court for district for further and subse. | queat infringements, The defendant fled two special pleas, alleging, first, that the prior suit in Illinois was a bar to the second suit; and second, that the infringement alleged took piace m Chicago, and that this court fad no juris- diction thereo%, because the juri diction of this court is limited, by the sue act of 1818, to causes of action which arise within the territorial limits of the ‘wo causes of action arising elsewhere. ‘The plamtit moved to set aside the pleas, The Court reserved its decision, George Harding and C, A. Seward for plaintiff; H. Baldwin and George T. Curtis for defendant, UNITED STATES DISTRICT COURT—IK EQUITY. The Jny Cocke & Co. Bond Case—Verdict for the Government. Before Judge Biatchrord. The United Siates va. Jay Cooke & Co, This case, Jet Davis, the former proprietor of the Southern | the Nearing of which has occupied the Court thir- | Confederacy, but now tm the insurance business, ia | teen full days, was at last brought to a close yester- in Vicksburg, the guest of Dr. Mitchell. ‘On Sunday afternoon @ fashionable wedding took | nausi he contracting parties were Mr. August Seligman, Free at the Synagogue in Court street, New Haven. y New York, and Miss Clara Milander, of New Hayed, Qgugiiter of Mr, and Mra, Michael Milander, day, The manner of conducting tt was most ex- ting, in a double sense—in onc as eliciting every particle of testimony that could be adduced to throw light upon a most obacare subject, in eliminat- ing every delenaive point of argument that legal acu- | Circult Court for the Western District of } . The that as | ine act of Congress did not require of the | din the; for | Southern district of New York, and does not extend | and the rebuttal of ng counsel, and, in wu tne The same on the Dare of anoe o the double sense, é patiouce of Court, the } thawineeene ma all oth it jury, the witnesses and all o not pe- coniarily tntereated 1 the it, but who had to attend the court irom day to fe Jadge Blatchford, before whom the case was luck- led, cornered counsel whenever an atvempt to break cover was made, which, If allowed, would have brought the case back again to the old starting point without having gained an instant tn reachin, he . This strategy of circumvaliation was not interposed till the Court fully understood that the nee had exhausted all its resources and must really submit to the arbitration of the Court on the Cc of law and to the jury on the facts. Jn fact, it Was a legal Sedan that able counsel found itself in, and the result too surely eet the necuracy of the doubts entertained to hold out any longer, AS stated in the HERALD a few days ago the final hearing of the case was set down for yesterday, the Work remaining to be done being the summing up of cu judge..Blatehford with professional reacience limiting speeches to one hour and a half ‘or either counsel, then to follow the charge to the ury, and tae deliberation and verdict, Mr, Joha He jurrill, Who so ably conducted the case for the de- te out, opened, surinaming up for tho Fn Caen nis ones Prva with ctw seen in the District Attorney Davis followed for ir effe will then commenced the | vernment with — bette seen, snage sg eaiohtans conclusive wo! the long struggle, charging the Jury upon ail the facts of the case which really came within thelr province, His Honors charge was ‘as brief as it fairly could be, and as lucid as tt was Possible to be, and after all if required the Judgment of the Jury, who must have hecome experts in the ane to bave understood charge which was Jay Cooke & Co.'s side of the case and which the goverament’s, The jury knew all aboutit, however, and having retired for avout nf- teen minutea, returned to court with a verdict for the government. mf 630, And thus the great geven-thity cage SUPREME COURT—CHAMBERS, Decisions. jael. are gt the conclusion of the | By Judge Ingraham, Piessor et al. vs. Loughran,—Motion for two and a half per cent granted. Merchanis’ Exchange Nattona! Bank vs. Carpenter et al.—Motion granted, Sonan vs. Boardman et al,—Allowanes, five per eent to plaintiy and same to 8. & J. S. Boardman, Titus et al. vs. Kternan et at.—Motion granted, Fleis et al. vs. Deinanty et al.—Motion granted, Lester et al, va, Harris.—Motion granted. Waterbury et al. vs. Whiting,—Motion granted, Scholt et at. ve. Suydam.—Motion granted. Benedict et al. vs. Hannigan et al.—Motion granied. Weber vg. Ryerson.—Motlon granted. Walsh et a, vs. Long.—Motion granted. Haistead vs, Green. Moon granted. Westervelt et. al. vs. Allen et ai.—Motton granted. Louis 0, A. Hannegan vs, Lihers,—Motion granted. Boyer vs. Peck. ollon granted, Bradey vs, Muiud* Life Insurance Company.—Al- lowance $100 granted, Goldverg vs, Mutr.—Movion granted. Tucker e* al. vs. Woorly et al,—Motion granted, COMMON PLEAS—TRIAL TERM--PART 2. Brignoll O@ the Track. Before Judge Larremore and a Jury. Pasquale Brignoh vs, The Chicago and Great Bast- ern katirova Company-—In May, 1867, while the plaintit? was on his way to Ciucinnati, in company with the other members of the Brignoll troupe, then on @ professional tour, the car in which they were riding ran off the track and was upset, near Logans- port, Ind., whereby the plaintiff had his shoulder dislocated, and sustained other injuries, for whicn, including doctors’ fees and losses by broken sogagomonta, he now seeks to recover $20,000 damages. It was proved on behalf of the plalnug that he was under treatment for nearly ten ‘Weeks; that his medical attendance was over $1,200; that he was compelled to forego en; ments which averaged him a profit of $2.000 a week, and tnat the accident was due to the fault of the defendants. De- fendants. together with denying generally the dam- ages to plainti?, claim that it was due to no fault of theirs; that the rail, apparently sound, was snapped atthe moment of tho accident; that the track and rolling st cK were in good order, and no foresight could have avoided the accident £ which planus? complatna, The jury found a verdict for the plaintim for $7,833 33, COMMON PLEAS—TRIAL TERM—PART |, Alleged Fraud in the Purchase of Cotton, Before sudge Joseph F, Daly and a Jury. George J. Gardner vs, William Rowe et al.—This js an action to recover for 828 bales of cotton, alleged to have been fraudulently obtained from the plaintiffs and transferred to defendants to secure & Ligeia! debt. The cause was opened at the | last term, at which time the facts were publisued in the HERALD, but was postponed to the present term owing to the absence of @ juror. ‘The case 1s still on. Verdict for the Support of a Wife. Emma L, Williams vs, Robert L. Wiilttams,—In this action, the facts of which appeared in yester- day’s Hrxavp, the jury found a verdict for piaintit por $1,961. Before Gunning 8. Bedford, City Judge, A NOVORIOUS THIKP CONVICTED OF ROBBERY AND SENT BY JUDGE BEDFORD 0 SING SING FOR TWELVE YEAKS. ‘The first prisoner placed on trial yesterday by As- sistant District Attorney Fellows was Wiillam Wrep, who was tndicted for the crime of robbery tn the first degree, Samuel Gardner testified that te lived at No. 74 Elm street, and that on the 15th of November, about hall-past teu o’clock in the morning, while passing throug 109th street with two coats en his arm the prisoner came toward him, took a jacket, pulled his hair and gave hima knock in the head, Wren ran away, followed by the complainant. OM- cer O'Donnell arrested the prisoner. ten minutes after the occurrence, and Gardner positively iden- tufied him. ¢ Ofticer O*Donnell said that he arrested Wren in 109th street at the request of the complainant, who posiuvely identified him us the man who assaulted and roobed him. Assistant Di-trics Attorney Fellows said that in moving sentence he desired to call his Honor’s atten- tion some facts ia the history of this prisoner. He never took that course roe KL} jury eaves, a0 ac- ensed party for the offence; byt rY Jemency had been so often extended 16 Veen that it was time be should be made responsible for his deeds. Before the police magistrate he stuted under oath that he was arrested only once for ussault and battery, On the 21st of September of this year the prisoner was brought into court charged with an assault with intent to kil by assaulting @ person with @ jaree knife. By gome means ie procured a. withdraws! —o t complainant which was flied, accompanied by a letier, and at the request of the prosecuting witness he was dis- charged. On the 2ist of the same month Wren, wita one Kelly, was Indicted for robvery in the first degree, charged with stealing & watch valued at twenty dollars by knocking down a pergon. It @ matter Of astonishment to him (Mr. inducing the prisoner could have succeeded in Induciag the gpmplaipant to withdraw the charge, and jnat Wren hold have escaped puntahinent, It ed to him that the severity of the court should be slaited apon @ party who abused ite clemency aud manifested a disposition to lead a criminal li! Judge Bedford, in passing sentence, said:—Wren, why the complainants in t2r¢ previous charges could not identity you needs yo comment, but may pe sur- mised, You are a ngtorious rough, well known to the authorities, ahd thus far always ‘tnanaged to evade justice, Oficer MoDonald telis me that in case of an affest you threatened to fire the dwelling house of the police officer. For the future protection of society I deem It ny duty 10 send you to the State Prison for twelve years and six months. THE BUSINESS OF THE COURT BLOGKED BY ABSENT JURORS. When tne jurors were called to try the second case only clever Answered to their names, wach brought | the business of the court guddenly to a standstill, Mr, Fellows was unable to proceed, and remarked that it was discouraging that jurors fatied to dis- charge their duues, ‘The Lombs was crowded to an | extent never before known, three prisouers being | placed in ceils whica hardly had capacity for one, The business of the court was carried on at great ex- pense to the county, and it now was blocked up by two or three inen shirking fey, duty. Judge Bedford said that {t was time for citizens to help the authorities in the administration of justice instead of censuring them. His Honor directed. the Cierk to fine the following named jurors $250 each Tor non-atrendance that day:—Wm. EB. Waring, Wine throp’ E. Hilton, Josiah Oakes, Jos. Park, Jr., Rh. G. Selomon, David Stewart, Isaac Sherman, Kulus M, | Shorman, Thos. T. Sturges, Jas. T. Soutter and Joan | B. Waton, | ROBBERY OF A WATCH BY YOUTHFUL GARKOTERS. Patrick Oarroll and John Colis pleaded guilty to robbery, ‘The NS William Parker, alleged thay on the 14th of November while passing through Hast Forty-second street with @ friead the defend- nts hastily approached, seized hi by the throar and took @ watch val.ed at forty dollars irom ins pocket and ran away. Coilins being Only jourteen years old was sent to the House of Keluge, As Cur- roll was twenty he was sentenced to the State Prison for seven years, LARCRNY PROM A LITTLE 6TRL IN THE STREET. James MeCord (a boy) was convicted of stealing a pocketbook containing $1 60 trom Louisa Nance, of 812 Fiity-third street, on the 4th of November, The tutte girl testified that three boys heid her while McCord, who she positively identified, took the pocketbook. The youthful criminal was sent io the House of Refuge. LARCENY UPON AN RXOURSION BOAT. Charles ‘Tucker was indicted wiin Henry Fields ana George Alltson for picking the pocket of Bei min Grimshaw of a gold watcn and chain, vaiued at + heed ‘on the 20th of June, on board of the steamer leepy Hollow. The Young People’s Associauon, of Juyier’s church, was going on un excursion ap Hudson river, and these men were spotted as Bl clous characters, ‘Tucker pleaded quilty to an attempt at grand larceny. » Judge, before i fonvencing him, learned that he had never been ba fore the Court before on a crimaal charge; but re~ marked that any man whe would te wil Woe convcita montna agoy fesarved ogo t Sng icted months ago) deservi go Bing for two years and al months, ! PRITY LARCENY. { John Williams pleaded guilty to petty larceny Im stealing two coats, on the 1th of October, fromt Christian Bolte, and was seut to the Penitentiary for, six moniin. A HORSR THIEF, John Burns was tried and convicted of stealing « horse, on the 25th of October, valued at $170, thé property of Cornelius Callaghan, The officer state® hat Burns had the reputation of betng a thief, al City dudge sent blu to the Sree eee HURRIAEY. udg ry it the foiiowlug 1s the calendar’ fet Rea The Peo beri Same vad 1@ vs. Henry W. Geston, Ohrtato her C, Smith, roobery; Same se ‘Thomas ae felonion seet iy sveteiaey Poe ie oe urglary; Same vs, Hen, lcDermott assault and battery; Same ve. Gabriel Behutth felonious assault and battery; Same ve, Wii Mosher, felomous assault and battery; ‘Same va, Dennis Mc@uire, felonious assau't and battery; Same vs. Nicholas 0, Conian, alias William Murphy, feloniously obtaining ls by false pretences Same vs. Michael Lyons, grand larceny; Same vay Bernard ‘Thornton, grand larceny; Same va, Catharine Sweeney, grand larceny; Sume vs, Charles. Sparks, grand larceny, COURT CALENDARS—THIS DAY. OYER AND TERMINER AND Surnee CourntT—Orn- curt—Part 1--Beiore Judge Curdoa).—No Cireutt, calendar, Part 2—Before Jadze Van Brunt.—vpent half-past ten A, M.—Nos. 061, 5854. 1570, 1772, 6682, 1748, 2320, 3438, 8616, 1719, 1610, 953, 800, 2670, 7502, 1812, 1814, 1513, 1820, 802. j SurRexte CourT—SPECIAL Tanm—Held by Judge Brady—Opens cleven A, M.—Demurrers Nos, 7, 9. 20. Law and fact—28, 29, 80, 31, 32, 33, 34, 85, 36, 87, 88, 89, 40, 41, 42, 43, 45, 40, 47, 45, UPREME CoURT—CHAMBEKS—IIeld by Indge In- graham.~—Nos, 78, 79, 93, 102, 116, 120, Call 139. ; SuPeRionw CourtT—Teian ‘f Patt 1.—Betore Judge Freedman.—Nos, 93, 139, 113, 191, 409, 417, 421, 423, 425, 863, 443, 829, 367, 353, Part 2—Be- fore Judge Spencer.—Nos, 604, 626, 93, 496, 272, 274,, 298, 508, 226, 228, 208, 693, 609, b)2 604, : OMMON PLEAS.—Part 1,—Before judge, rn org Opens at eleven A. M.—Nos. 270, 18, 105, 19, 207, 290, 443, 449, 451, 45 . 468, 455, 466, 457, 458, “Part 2.— Before Judge Larremore,—Nos. 232, 281, 181, 188, 251, 191, 430, 372, 420, 156, 255, 192, 762, i Marine Counr.—Part 1.—Bolore Judge Gross, Nos. 4190, 4263, 4359, 4502, 4335, 4355. 4554, 4300, 4406, 4470, a 4472, Part 2.—Bek (08, 4564, 4579, 4440, SOTO, 4194, 4: 4459, 4460, 4461, 4162, 4405, 4454, 4465, Coun? OF OYER AND TEKMIN before Judge Cardozo.—The People ys, Charles Jones, robbery; Same vs. David Green, do. @ vs. Robert Patton, do.; Saine vs, George Bio ‘giary; Same Vs, Mary B. Jones, reiunious assault and battery; Same Ys. Theodore Yost, do.; Same vs. Lucio Andrecetth, 40.; Same va, Herman Voss, forgery; Same va. John Prohasku, do.; Same va, Charics 1 grand jarceay; Same ys. George Humpliey, do, He V8. Henry Carroll and William Brown, do.; Same va. James Kane, larceny from the person; Same va John Spacidiag, do. BROOKLYN COURTS. UNITED STATES DISTRICT COURT—EASTERN DISTRICT. &e. Arrnignments, Ileal Voth Before Judge Bened el Thomas Jackson, a colored man, indicted onthe — charge of illegal voting in the Niuth ward on elec- tion day, was arraigned yesterday. Tae allegation is that the prisoner voted twice, once the republican and once the democratic ticket. William Donahue, alias “Noisy,” was arraign on an indictment Charging hin with having voter illegally in the Eleventh ward, ue not being a resl- dent there, ‘ Charies Scott was arraigned to plead to an indict meui charging him with having passed a counters feit ten qoilar bill of tho First National Bank of Poughkeepsie. Ali three prisoners remanded for tial, SUPREME COURT—SPECIAL TEAM. Actioa to Set Aside an Alleged Fraadulent Cone veyruce. Before Judge Pratt. Jonathan 8, Angell vs, Abner H. Angell an@ Others,—-This action is brought to set aside an al- leged fraudulent conveyance. I June last plaintiff received a verdict of $35,210 against the defendant: Angell im the Supreme Court, but judge) ment was returned unsatisfled. Plainti® no alloges that the detendant Angeli has been insolven since January 1, 1866, and has no property labl to be seized on execution; but that, despite this, 1846 he made a contract with the Mutuat Life I surance Company of New York (who are also joi as defendants im this suit) for the purchase $80,914 worth of real estate in Morrisania. A pal ment of $4,264 was to be made in cash, the balan to remain on bond and morigag?. Piatt furthe asserts that the deiendant Angell, after hat tug obiained the contract, agreed = wi another of the defendants, Cornetus F. 'Timpsol that if the latter should advance the inoney he shoul have one huif interest in the contract, and this agres meut was carried out, It was agreed also, however, that the Mutuai Insurance Company should convey: the title to the property to Timpsun, and that Timp. son should bold one haif of the property, upon th secret trast that i¢ was to be for tne benefit of An- gell’s wife. The conveyance wus mude to Timpson, but the consideration Was mostly paid by Angell br services to the company. Subsequently, the greater portion of the property was transferred to Timp. son's wife, through one Henry F. 'Tuintor, who la also made a defendant in the present acti: which va nti brings to have the eter set aside ani he property made labie upon the judginent agains! the defendant Angell, obtained last suiumer, Timpson replies that he himself purchased the ‘property from the company, and that ue ther the de- fondant Angeli nor his wite had any interest in it. COURT OF SESSIONS. The Guile. Before Judge Troy ana Associate Justices, Charies J. Quinn, &@ man anout sixty years old, was wied yesterday morning for stabbing one Thomas Murphy, in Withers street, near Union avoe nue, mn October last. ‘Che defence was that th prisoner acted in self-defence, Murphy having first wanes him. The jury rendered a verdict of ac- quittal. pleaded not guilty, and were. On a Lark. Adam Mason and Jacob Leis were tried on the charge of having stolen a horse and wagon from Authony Dingier, of No. 96 Stagg street, Eastern District, in Septemher last. The prisoners and Dingier were on aspree mud went with a targes company to Astoria, The prisoners left Dingler there and drove home with his horse and wagon, which was subsequently returned to the own ‘The District Attorney upon the proof of these tacts je case and the jury promptly rendered & betta DOE Fmuty. 4 BROOKLYN COUAT CALENDAR, Orry Covar.--Nos. 8, 59, Tl, 93, 114, 128, 121, 124, 123, 137, 172, 181, 193, 209, 236, 208, 272, THY FRIEND OF THE DUMB BRUTE. Borgh in Brooklyr—Criminals Captared, At an early hour yesterday morning a squad of omMcers of the Society for the Preveution of Cruelty to Animals surprised a driveron one of the city horse cars, whtle the latter was watering his “spa- vined” apimais at thejFulton street terminus of the road, by ordering him to ugharness the poor animals, . which were unfit to drive. The car was only temporarily delayed, as other and sound horse@ were procured at the railroad stable in that vicinity. This team ts one of many similar used up horses which are Kept at the stabies duriug the day and are made to trot over the road under the cover of darkness that the parsimonions greed of the opulent. raurowd corporation may be fuidy sadated, ictgthe cost to THE UNFORTCNATE BEASTS of burden be what it may. “Death in the harness’? isthe end to which they would assign these poor nags that have served their sphere of usefulness under the broad light of day, and have grown to be only fit fora tonr of durkuess, Other arrests made between midnight aud sunrise by Professor Bergh’s detectives are as follows:—l. Team of grays, galied and lame; Greenwood var, No. i735; Thowas Morgan driver. 2 Bay horse, guliol shoulder, which was raw aud bleeding under the collar; Fulion avenue car, No, 30; Edward Fitzgeraid, driver. Bay horse, lame and galled, with auchyiose joints; Greenpoint var, No. 395; ust Naunnenkam driver. 4, Bay horse, terribly sprung in the kn scarcely able to retain an uprigit position; Greeu wood car, No. 147; Michaei Ryan, driver, 6. Bay horse, in the iast stage of lameness; Fulton avenue car, No. 23; John McUiveney, driver. 6, Bay horse, very lame; one hoof cracked to the th of an inch. anda half, and split clear across; Fuiton avenue car, No. 6; Patrick Daley, driver. JOURNALISTIC NOTES, (Bhatt Eagle reached its tenth birthday, ust, e The Pou, on the 4th The Yarmouth Register has entered upon its thirty-sixth velume. The Greenville (Ala.) Advocate finds Itself in a pros- perous condition on entering upon the sixth anul- versary of its birth, Mr. W. A. McKinney, late of the Uartford Post and Norwich Bulleun, has taken position on tho editorial stam of the Chicago Reputtican. Mr. Samuel D. Gordon, who recentiy sold out the Wirt county (West Virginia) Se;nvcrat, as become ees with Mr, Maupin in the Moorelieid Ad- vertiser, , A new paper will soon be {seued in Housten, , Texas, to be called The Temperance Kamntly Visitor, uder the editorial charge of Dr. B. F. Kavanog' @ gentleman of exverience aud large capacity 98 & Writety ~