The New York Herald Newspaper, December 16, 1870, Page 8

a renee ee THE COURTS, UMTED STATES COURT. Tho Tappan Mercantile Agency Case~Privileged | - Communications of Agencies—In ‘What Cases Libellous, > t WASHINGTON, Dec. 16, 1870, No, 34. Lewis Tappan vs. John and Horace Beardsley. Error to the Circuit Court for the Southern District of New York.—The defendants in error constituted the firm of H. Beardsley & Uo., merchants, at Norwalk, Huron county, Ohio. The plamtiff in error carried on, in New York, the business of a mercantile agency, and in the course ‘of his business published, concerning the firm, that thetr store would probably be soon closea, as the wife of one of the brothers had applied for divorce and alimony and he had in consequence put his property out of his hands, It was also said the firm had been sued, Susequently the report was con- firmed, ana it was added that there. was no doubt ‘of the firm being able to do a prosper- bus business so long as they were honest, which would be “so long as suited their interest.” The (rm sued to recover damages for the bel, and the defendant pleaded that the statements published were contidential communications, made in good faith in the course of business, on proper occasion and without malice, On the trial the Court excluded evidence offered by Tappan to show the usefulness ef mercantile agencies in the conduct of internal trade and commerce, on the ground that no evidence had been given on the part of the Beardsleys tending to impeach or to bring into doubt the general legality or usefulness of the business. The Court charged ‘the jury that the agency conducted by Tappan was in its general purpose and features both lawful and useful, and that information, however defamatory, communicated by him im good faith, he believ- mg it to be true, to merchants applying to him for information to guide them in their business, was in law a privileged communication, for which no action could be maintained by the party defamed by it except on proof of’ express malice. it was, however, further charged that Tap- pan’s mode of doing business deprived him of any immunity under the rales of law concerning privi- Jeged communicauons. The employment by him of aclerk or agent to make the communication, and the employment of a clerk or agent by his merchant subscriber to obtain or receive it, were each alike charged to be incompatible with the secrecy or privaey enjoyed by those rules. The instruction on this head in full was as follows, it having been shown that a subscriber of Tappan had asked forthe toformation given:— That the merchant to whom such information was given, being lawfully entitied to ask for and to receive it, and the efendant, if acting in good faith, being lawfully authorized to give it, there was, in the sensé of the law tu auch a case, Be pudiigation, and: therefore, no ground of wction; and that defendant in this suit had on; self personally to auch of his subscribers as peraonaliy made tnquiries concerning the standing and credit of the plaintiifs, the reports complained of, the case would have come within the rule to privileged communications. ut in this case the plaintlifs given evidence to show that the words in question had Ueen entered in detendant’s record book by some person other than defen- dant himself; that they were read by Mr. Douglass, deven- dant’s chief Clerk, and by several others of his clerks and 1a the hearing of such clerks, and that they were also read by Mir. Douglass, and peraps'by another clerk of defendant, to slerks of subscribers sent by their employers to make inquiries ‘at the agency ; that all such readings to or by persons other than the defendant and the merchant actually and personally interested in obtaining information concerning the plalatitls were unlawful; that no person other tl merchant him- self, asking for \nformation, iad in law aright to read or hear words, and to him they could be lawfully communicated only by the defendant nimself: and that the reading of anid ‘words by any person in defendant's employ with bis permis- sion, or the reading of said words Uydetendnnt bhnself, or Dy any person in his employ, to the clerk of a merchant sud- scriber requesting infermation concerning the plaintiffs, was Ap unlawful pubication, not at al) within or protected by the ruse of law, as to. pri communications; and that for every such publication proved in this case the defendant was responsible in damages to the plaintiffs, inasmuch as the words were actionable in themselves, and no attempt been made on the triai to prove them to be true. Tappan’s counsel excepted to this instruction, save as to its first sentence, and requested the Court to instruct the jury on the law of privileged com- q@unications thus:— Firs—That the privilege applies to communications made tu thin case, notwithstanding that the words Iu queation wore Fead by or in the hearing of the clerka employed by bim, pro- ‘vided that the jury shall be satiaiied from the evidence’ that such clerks were necessary to the convenient transaction of ‘she business of the agency and were confidentially eraployed for and in the transaction of the business. Second—That the privilege applies, notwithstanding that the words were rend to or in the hearing of the clerks of the merchant subscribers, provided much clerks were nec 4o the transaction of the business of thelr employers and ‘were confidentially employed therein. But the Court refused to charge or instract the Jury in this manner and the verdict was tor the plaintifs $10,000, The case was commenced In 1849 and tried in the District Court in 1851, In 1864 motion for new trial was make before Judge Nelson ithe Circuit Court having overruled exceptions taken in the District Court), which was denied, The case then came here, where it was now argued, counsel for plaintiff in error, a(ter stating the con- eeded canon in the law as to privileged communi- cauions, Maintaining that the term “duty” as used therein is not contined to duties which are binding in lay, and, therefore, of perfect obligation; but, on the” contrary, includes “moral or soctal duties ot imperfect obligation.” No extreme or tmpracticable nicety has marked the ap- plication of the rule. Neither the exactitude of a special pleader nor the carriage of a stoic is required in making a privileged communl- vation. Ii fairly warranted by any reasonable occa- sion or exigency, and honestly made, such commu- nications are protected for the common conventence gnd welfare of soctety, and the law has not re- stricted the right to make them within any narrow lumits. The presence of a third person not inter- ested In or connected with the subject matter has mot been decmed objectionable, when ft was not sought or permitted wautonly, but from necessity, or even trom motives of prudence or reasonable ex- pediency. Where the nature of the case has re- quired it and important interests would be promoted thereby a very considerable degree of pub- icity has been allowed in privileged communica- tions, As to the degree of publicity that may be allowed or of secrecy that must be observed in making privileged communications, all the reported judicial determination bold on uniform doctrine, Liberty of speech or publication is uot ‘rmitted beyoud the actual exigencies of society. it within that range it 1s permitted In social inter- course and all lawful business, As to the business 40 question, it 1s said that the procuring and com- municating such information, though not done gra- baitously, but for hire, nas been approved as both lawful and useful by every tribunal before whileb it has been arraigned, and by every judicial mind whitch has had occasion to exaraine aud consider it, taciuding the learned Judge (the late Judge communicated by him- Betts) who presiaed at the trial of this cause, and the eminent and __ experienced Justice of this Oourt, Mr. Justice Nel- gon, who heard the motion fora new trial. The common sentiment of the mercaniile class has sus- $uined the business, and, in consequence, it has grown up along witn the rapidly expanding wealth Bnd cemmerce of the country. Proper precautions Bnd safeguards in its management are not iess 1m- | sv geen dictated by self-luterest than by morality. ‘ne practical efficacy of those which have been de- vise and employed is vindicated by theintrequency of complaiats or law suits; that, at most, fourteen sults for defamation have occurred in so wide- Spread a business during the thirty years of its ex- istence, only this one having attained vo any suc- Cess 18 preguant evidence that its action is innocu- ous. All the judges ana private persons Whose concurring opinions thus testify to the value and uullity of this busmess Knew that by no possibility could 1% be conducted without the aid and co-operatien of agents er employés, and the [uoge who tried cause Was the first to discover that indispensable ingredient the means of its inevitable destruction. Perhaps the refusai of a sew trial has added another and powerful voice in favor oi this idea; but, if so, it is hoped that a fuller consideration will lead to 1t8 being recatled. The couusel ior the defendants in error maintain the position assumed by the Court below in respect of all the pemnts and questions involved, and insist that the communication of the statement in this case claimed w be a libel, from clerks to clerks, was not a privileged communication. It submitted that the evidence wiil conclusively show that there were no such rumors current as tose published by Tappan; and tt 1s asserted that any rumors which were afoat were put in circula- tion by the publication of the libel in New York. A fair and honest inquiry by Tappan, it is said, at the home and place of business of the bearasicys, would have shown te falsity and groundiessuess of the reports, aud that the Beardsleys were men of good character aud merchants of ualmpeached credit and character, The evidence im the divorce case shows that the application by the wife of one of them was without cause and resulted from tie unforiunate dispesition and partial imsan- ity of the lady, and notirom any fuult iy the con- uct and character of the man. ‘The repetition of the libel is reiied on to show malice, and there was mo error in tue charge that damages should be assessed for such repetition. Many questions are raised aud discussed, but those stated are the main ints Involved, William Allen Butler and Charles Conor for piaintity in error; T. W. Bartiey and ex- a Casey, of the Court of Claims, jor Mo, 31. Isaac J. Hosball vs. Edward Taylor et @ah—Appedl fromthe District Court for West Vur- ginta.—This cause was aiso heard, the question be- dng ag to the interest of Hosbell in an undivided eixth of premises in Wood county of that State, covered by an oll and mineral lease, and ne claim- dog ap atenantin common, Hus pili was-diamuased. , . appellant; J. R. Tucker for ap- 4s reason to apprehend that he may not be fairl plaintiff was entitled to recover, ee Se was error. | This privilege is grante@ to him, not because there | they affected the clerical status of the plaintid, the peilee, Ppt YORK CITY COURTS. An Interesting Copyright Case—Question of Ownership of Teas—The Dalzell-King Ar- rest—The James Foster, Jr., Case— A Heavy Cotten Transaction— Clerical Scandal—The Two Dycers—Heavy Sentence in the Court of Oyer and Terminer. UNITED STATES DISTRICT COURT. An Interesting Copyright Case—Important to Artiste, Before Judge Blatchfora, Thomas Kelly vs, Patrick D. Farrell.—This was an action brought by plaintia te. recover damages for the infringement of a copyright, The facts adducea in evidence were these:— About 1840 Mr. Huntington, the artist, palnted an ideal picture, called “Misery’s Dream,” founded upon an episode in Bunyan’s “Pilgrim’s Progress.” ‘Thia was subsequently reproduced by Ritchie in an engraving, which was distributed among the sub- scribers of the Philadelphia Art Union, in 1850, the original having passed into the possession of Miss Carey, a daughter of H. C. Carey, the distinguished writer on political economy. In 1858 Mr. Hunting- ton, while in London, determined to paint another pict having the same subject and the same dis- tribution of figures, and varying only in the detail of the design, Me had neither the original paint- ing nor al engraved copy of it, and he repainted the subject wholly from memory. Tims was, in its turn, engraved by Barlow, for Mr. Huntington, who sold the plate and copy#ight to Mr. Derby, dealer in works of art, Who soia both to Crosby, of Chicago, of Opera House fame, who painted engravings from the to distribute In his lottery scheme. ‘The plate next turned up in possession of Kelly, the painter, who ts a print publisher in this city. The defendant confessedly published a litho- graphic reprint ef the second engraving, and it was te recover damages for this alleged infringement that this action was brought. ‘The defence was that the engravings from the two pictures were substantially alike (and a casual glance would lead a person to such @ conclusion), and that the capris onthe first having expired a copyright could not be maintained for the second, wnich, it was claimed, was substantially the same evure. e Messrs- Huntington, Derby, McClure, and various artists, dealers and puplshers were present, eiiher as withesses or spectators, A verdict was given fer plaintiff fer $315. ©. E, & E. Tracy appeared for plaintiff and M F. o. & G. W. Betts for defendant, ‘ The New York State Incbriate Asylum Case. ‘The case of Dr. John Hill va, The New York State Inebriate Asylum came up for trial. The action was brought by Dr. Hill to recover salary due him from the institution. Judge Blatchford instructed the jury to bring in a verdict of fifty-one dollars im favor of the plaintu. The jury so feund, without leaving thelr seats, Messrs. UNITED STATES CIRCUIT COURT. Coppering Over a Worm-Eaten Plank. Before Judge Benedict. John Foley vs. The Schooner Isabella, Her Tackle, d@c.—The libel in this case was filed to re- cover @ balance of $568 94 for work done and materials furnished to the Isabella at this port in November and December, 1866, The captain refused to pay, on the ground that the charges were exorbitant and the work was not doue in a workmanlike manner, and he testified that ‘the libellant coppered over some worm-eaten planks instead of taking them out and replacing them witn planks. The libellant and his wit- ness testified that the repairs to the vessel were dene tn a thorough and workmanlike manner, and that the few planks which were worm-eaten were coppered over under the express orders ef the cap- tain in erder to save expense, as he wished to ix her up and rate her as a copper-fastened vessel, and that the charges were fair and reasonabie, as is usual in nearly all such cases. Some of the tosti- mony was very coniictmg and dificult to reconcile, After patiently listening to the summing up of counsel for the ‘respective parties Judge Benedict took the papers and reserved his decision. Mr. | tried in Albany, but to remove any possible dou! that there may be fonndauon for bis convictions on that subject.“ Ordered according! Bloomer vs, Newton e¢ al,—Motion granted, Galvey et alvs, United Stales Stam Sugar Refining y.—Order scttled. By Judge Cardozo, 8 vs. Cox,—Motion granted and Snerif's Matthew: Dill taxed, vs, Shimeaul.—Defendant may answer tm ten days, Dressel et al, vs, Ranous,—Order granted, SUPERIOR COURT—THAL TERM—PART 2. Question of Ownership of Teas. Before Judge Van Brunt. Charles E. Hit vs, John D, McKenzié.—In 1666 b Wells & Co., tea dealers in this city, failed, Previous to failure the plaintiff sold them a bill of teas for cash, These teas the preity rf bought, and afterwards they were replevined by the plain- uit, Who claimed non-delivery of the goods on the pe of non-payment, The question is who owns he teas, and involves the taking Of considerable tes- timony. The case is still on. SUPERIOR COURT—SPECIAL TERM. The Dalzell-King Arrest Case. Before Judge Monel, Augustus Dalzell vs. James C, King.—In this case an order for the arrest of the defendant had vcen granted, to hold nim to bailin the sum of $6,000. ‘The bail was afterwards reduced wo $500, with leave to apply to increase it to the original amount, Edwin James, counsel for the piaintif, now ap- plied, upon affidavits setting forth the facts that the | defendant knew when he arrested Dalzell, as his clerk, and charged him with embezzling $100,000, that the statement was false. He had the articles of | partusrahin in his posseesion at the very moment ie made the infamous and malicious charge, ; and had introduced Dalzell to the bank as a partner, | and had written to them that he was a partner. Tne counsel, in concluding, stated that he bad had some experience in sich cases, but had never read 40 much spontaneous perjury as that sworn to by King | in a very long experience, Mr, Sinith, counsel for defendant, contended that King did not cousider that a partnership ever ex- | sted, although there was an agreement; that Dal- zell was a clerk and had been entrusted with large sums, of which no account had been given, and the deferdant was justiiied in makiog the charge. ‘The Court reserved its decision. Decisions. By Judge Monell. Wiliam F, Harmann vs, Frank E, 8, Becke— Order granted, C. H, Boelin vs, E, Gallina.—Order granted. Joseph C. Freeman vs. Christopher Fltke.—Order granted. Frank Williams vs, The Eighth Avenue Ratiroad Company.—Order granted. Seymour W. Marsh vs, :dward Elsworth et al.— Motion granted. Joseph 8, Priest vs. The Hudson River Railroad Company.—Oraer granted. Louisa Scott vs. Francis W. Babdcock.—Order ited. “ By Judge McCunn. be pea P. Cia;p vs. John E Devlin.—Case seitled, COMMON PLEAS—TRIAL TERM—PART I. Action Against the Owners of the James Foster, Jr. Before Judge Joseph A. Daly. Wright vs. Marshau.—This 1s one of a series of actions brought by passengers of the ship James Foster, Jr., from Liverpool to this city about two years ago. It will be remembered that an investiga- tion took place before the Commissioners of Emigra- tien at the time, and that the facts therein developed were spread in full before the readers of the HeERaLp. The plaintw® in this case claims that, according to his contract with the shipowners, the defendants, he was entitled during the voyage to be served per day with three quarts of water, exclusive of water for cooking purposes, a weekly allowance of three and a half pounds of bread, net inferior in quality to navy biscuit; one pound of wheaten flour, one anda half pound of oat meal, one and a half pound of rice, one and a half pound of peas, two pounds potatoes, one and & quarter pound of beef, one pound pork, two ounces tea, one pound sugar, Langtree appeared for the livellant and Mr, McGowan for the cl be UNITED STATES COMMISSIONERS’ COURT. Captain Grindle and His Sureties. Captain Josiah 8. Grindle, the commander of the ship Old Colony, wno was held to awaitthe action ot the Grand Jury on the charge of inhumanly treat- ing Raymond Rau and France Frank, two of his seamen, appeared ‘yesterday before Commissioner Shields togive the increased bail ($6,000) xed by the Commissioner. Henry D. Grindie, the brother of the accused; Silvan DV. Hogen, of Williamsburg, and Frank E. Welsh, of Brooklyn, became the cap- tain’s securities. COURT OF OYER AND TERMINER, The Criminul Calendar. Before Judge Cardozo. BARR ARRAIGNED AT THE DAR William Barr was put on trial charged with forcl- Diy robbing Patrick Jourdan of $225 and a watch chain at five o'clock on the morning of the 24th of November. The complainant testifled that the accused first made @grab at his watch, when he (the witness) Tan away. The prisoner followed him, knocked him down and took the money from his pocket while kneeling on his throat, On cross-examination the witness said he had been drinking that morning; the prisoner was in a drinking saloon with him previous to the occur- rence. Officer Gilroy said on Thanksgiving morning ne saw the prisoner and the complainant struggling in Mulberry street; the prisoner was kneeling on Jour- dan and beating him; the complainant said he had been stabbed and rovbed; took Barr tothe station house; on searching the prisoner found in his two ounces salt, half pound mustard, half ounce black or ground pepper and one gill vinegar, with a provision that at the option of the master of the ship a half pound of preserved potatoes might be sub- stituted for two pounds of potatoes, or three and a half ounces of cocoa or coliee for two ounces of tea. Instead of receiving these stipuluted articles, and in the quantity named, the plaintiff charges that the meat served out to him was not weight, but cut in | small pleces by the carpenter with an axe: that but three umes during the voyage was mustard, salt or pepper served out; that the water was brackish and unit for use; that the food generally was unfit for use, and in quantity less than required by the con- tract; that the cooking accommodations were insuf- ficient, consisting of but one small range; that the medical attendance was inefficient, the surgeon being @ Jrunkard and a tyrant and in the habit of administering to the passengers castor oil for all ailments of which they complained; that their surgeon, in the presence of the captain, made use of the expression that he dian’t “cure a damn” if all the passengers died, he would get as much for them dead as living; that ship fever engued in consequeuce of this treatment, and the plainud, while sick in his bunk, was pulled out by the surgeon and compelied te go on deck to work; that for two weeks he was compelled to subsist on Taw green peas, owing to the insuicieucy of cooking accommodations; that when he landed in this city he was compeiled to go to hospital, wnere he re mained eight weeks, and that it was four months before he fully recovered. For this sickness, injuries and hardships sustained, as he alleges, through the fault of defendants, plaintiff now seeks to recover $10,000 dainages, ‘The defendants deny generally all the allegations ot ee and claim that there was abundant pro- visions on board when the vessel salied to conform to all the requirements of the law. They further: claim that the voyage was unusually long and stermy and that the passengers suffered no incon- venience or hardship except those icident to such Q voyage, and shared in common with the efMcers and hands of the ship, and that if any cruelty or wrong was practised by the officers it was without the autbority of the deiendants and tor which they are not. responsible. ‘The plaintii” was examined, and go far as his tes- timony went it tended to sustain the aliegations of ocket the money which complainant said he had Jost. ‘The prisoner on b eing placed on the stand testified that the complainant struck him and that a fight then ensued, during whicb the ofMlcer came up and arrested him; he did not steal apytiing from his pockets. Officer Gilroy recalled—I lett the money with Al- derman Coman at tae Tombs. ‘The case being submitted to the jury that body re- tired and are still absent. ‘A REPENTANT COMPLAINANT, William Green, a ruddy-faced, ropust young man, about twenty-two years of age, was then placed at the bar charged with having felomously assaulted one George Palmer. On being called to the witness stand Palmer be- came remorseful, and said he did not desire to press the charge againsi the accused. He then went on to relate that he and Green had ‘always been the best of friends, but that one night they got into a fight, and in the heat of passion he made the charge fainst Green. aarne prosecution thereupon withdrew from the case, and the Court directed the jury to acquit the rigoner, si The complainant and the acquitted Green at once made for each other, and, after ardently saluting each other with tearful eyes, the reconciled pair left the court together, amid considerable applause and merriment among the spectators. JUDICIAL LENIENCY. Pollard Harrison, a middie aged negro, was then put to the bar charged with vivlation of the Blection law, in the Eighth ward, on the sth of November. His Honor requested ex-Judge Stuart to quesuon the accused, From the explanation which was given it ap- an that the accused had not lived long enouga in the house from whicn he registered to enttie him to vote, but of this fact he had been ignorant, it being the first time he had ever voted. ‘The Court remarked that he did not desire to send the accused to State Prison under the ci:cum- stances, and suspended sentence. “A BAD FELLOW” SENTENCED TO SING BING FOR TWENTY YEARS. James Crawford pleaded guilty to the robbery of & watch worth twenty doilars. The Court said from facts represented to him he was of the einen that the prisoner was a very bad fellow, and he would, therefore, sentence hin to twenty years in the State Prison, , A BURGLAR SENTENCED, Andrew Hunter pleaded guilty to burglary. In answer to the Court he sald he thougie two other fellows, who were implicated in tbe affair, ought to have been brought up as well, He was sent to the State Prison for two years. BURGLARY. John W. Hogan, colored iaborer, was sent to the State Prison for two years for burglary. the compiaint. The case is still on. A Heavy Cotten Transaction—Large Dam- ages Against the New York Warehouse and Security Company. Gardner & Co. vs. Rowe ct al.—Tnis action, the facts of which were published in the HERALD at the commencement of the trial, was yesterday con- cluded by @ verdict imfavor uf plaintiffs. The,action was to recover the watue of 311 bales of cotton sold to Biddle & Co. for cash, and, without payment, Pledged to defendants, the New York Warehousq and Security Company, for an alleged advance of $40,000. Plaintiffs claimed that the saie to Bid- die & Co. was incomplete until payment by them, and that the advance by defendants was not made in good faith, $28,000 of the $40,000 having been immediately paid back to them Db; Biddle & Co, in payment of pre-existing ad- Watter_a lengthy trial of a a Tr Lt lal of seven days, and argu- ment by Willam M. Evarts for defendants, and Mr. McFarlane for plaiutif, Judge Joseph F, Day gave the case to the ques in a lucid charge, ane aiter a brief deliberation a verdict was returned for plaintitts for the full price with mterest, amount- ing to over $50,000. ‘rhe Court granted piaintiffs an extra allowance of $1,500, MARINE COURT--PAAT 2. A Clerical Slander. Before Judge Joachimsen and a Jury. Peter S. Jones vs, Jay S, Backus.—This action, which occupied three days and until eleven o'clock of the night of the third, was concludea by @ verdict in favor of the defendant, A synopsis of the origin of the case was given in Tuesday’s HERALD, but to recapitulate: —It appeared that the plaintiff, @ Baptist ciergyman, while tem- porarily administering in the Buffalo Bethel, sought permanent employment therein of Samuel H. Hall, one of the secretaries of the Home Mission Society. Before using bis influence for the applicent Mr. Hall called on the defendant, u Baptist minister, tor imformation concerning the standing of the yaintuf 1 the Baptist denomination, and in answer to Which the defendant mude use of the words:—“He is a deposed minister of our denommation, and has lost his ecclesiasiteal standing therein,” ‘These ex- pressions were communicated to the plaintia by Dr. Hail, und Which the piautiil coastrued as libelous, and thereupon sued the defendant, laying his ASSAULT WITH THE KNIFE. James Hogan was alterwards committed to Sing Sing for three years on pleading qty, to comuut- ting an assault with a knife, with intent to kul. The court then adjourned. SUPREME COU8T—CHAMBERS. Decisions. By Judge Brady. James Fisk, Jr., v8. The Albany ang Susquehanna Ratiroad,—Motion to change piace of trial granted. ‘The change will be to the county of Albany, unless the plaintift prefers that it should be to Rensselaer ooun'y, in which cage the trial may be held at Troy, damage at $500. Or, Hall was the first witness placed upon the stand by plaintiff, who testified that the defendant made use of te’ expressious com- plained of or words to that eifect, Several wit esses were called by plainuut to testify as to the effect the ailegea jibelous words mignt have on the the plalauif, all agreeing that tuey were derogatory to his ecclesiastical standing, The deience set up was that the words were privileged, being the re- sult ol the finding of a Cominitice of Reference who sat to hear charges preferred against the plaintit while admivistering a8 Baptist mister in Hyaeville, Vermont, Judge Joachimsen, im a very learne: charge, said thet Lf the words complained of were spoken by the defendant and were uttered in the discharge of any oficial duty they were privileged, and if nut privileged but true, the plaintiff could nob Tecover; tlat in case they were uot wee, aud thal . lengthy deliberation by the jury they returned’ 1nt0 court with @ verdict for the de- fendant, MARINE COURT. Two Dicers at Logaerheads, Before Judge Gross. Fikan vs, Cornell,—Plaintiff complained that meeting defendant in a saloon the proposition was made to him (plaintiff) to throw dice tor ale, which he acceded to, then for an oyster supp@, and finally for money, which, after some objection, he engaged in: that defendant won from him ail his money, ten dollars, and then proposed w him to “put up” his diamond ring, valued at ninety dollars, which also m © t pane of chance was engaged m at plaintiffs solici- tion. Judgment for plaintiff. COURT CALENDARS—THIS DAY. OVER AND TERMINER AND SUPREME CouRT— O1gcuiT.—Part 1,—Before Judge Cardozo.—No Cir- cuit calendar, Criminal business:—The People vs, Freacrick Lee, robbery; Same vs. Charles Jones, ronberyy Same vs. Michael Kerrigan, robbery; Same vs. Witham Wood, burglary; Same vs. Charles Pelaez, burglary; Same vs, Isaac Rosenthal, bigamy; Same vs. Frederick See and Charles Proh, gran larceny; Same vs. ‘thomas Adams, grand larceny; Same vs. Jane Quigley, larceny from the person; | Same vs. Annie Moran, larceny from the person, Part 2—Before Judge Van Brun hort Causes—Nos, 4818, 4820, 7010, 7020, 6758, 6596, 2980, 7108, 7214, 7110, ‘7176, 6936, 7212, 7188, 7026, 5434, 716834, 7432; y 7536, 7540, 7442, 7440, 7560, 6536, 7844. SUPREME CoURT—SpgCcIAL Term.—Held by. judge | Brady.—Nos. 61, 35, 15, 140, 82, 33, 151, 147, 148, 149, | 150, 162, 168, 154, 155, 166, 157, 158, 160, 146, SUPREME COURT—OHAMBERS.—Held by Judge Ingraham.—Nos, 94, 96, 181, 203, 239. SUPERIOR OouRT—TRIAL TERM.—Part 1—Hefore Judge Freedman—Short Causes.—Nos. 1171, 898, 1107, 929, 1101, 867, 1078, 1147, 1169, 1051. COMMON PLEAS.—Part 1—Before Jadge Daly.— Nos, 314, 270, 18, 105, 1898, 169, 130, 460, 461, 241, 46534, 161, 897, 316, 320, 68, 207, 249, 365, 128, 300, 206, 87, 319, 221, 408, 453, 245, 163, ‘The Eqnity calendar will be called before Judgo Robinson in the General Term room. CouRT OF GENERAL SxSSIONS.—Before Recorder Hackett.—The People ve, Michael Kearney, murder; Same vs. Gilbert W. Thomas, grand larceny. BROOKLYN CITY COURTS. UNITED STATES CIRCUIT COURT. The Callicot Case—Was the Conviction an Unjust One® Before Judge Woodruff. ‘The argament on the order for the government to show cause why a wric of habeas corpus should not be granted in the case of Theophilus ©, Callicot, now in the Albany Penitentiary, was to have been heara yesterday morning, but Mr. Bartlett, counsel for the prisoner, fuiled to appear. He was engaged in New York at the time, District Attorney Tracy said that he thought that this matter should not be allowed to hang much longer. The prisoner had been pardoned, but whether he remained in confinement fronr choice Mr. Tracy was not informed, Judge Woodruff said that if the District Attorney desired to move in the case he could do so. Mr. Tracy replied:. do not desire to take a de- fault for this reason: There has been, It seems to me, by concert, an effort to create an impression in the public mind that Mr. Callicot has been errone- ously convicted of the offence tor which he was sen- tenced. I am prepared on all occasions to mect that allegation whenever it arises, and to demon- strate that he was not only legally tried, but that he deserved the conviction and sentence to prison for the term which he has served out, and from which he has been pardoned on account of his inability to pay the tine of ten thousand dollars imposed upon im. Therefore, while counsel peanr.one else are seeing to create public impression that any error of any description was committed on that trial or in bis sentence, whether that error can be refuted by a vote of habeas corpus or not, I do not desire to put myself in the position of taking a default against the prisoner, such allegation not occurring in a regular judictal proceeding, While 1 am, therefore, willing to tuke the direction of your Honor, { am in- disposed to move a default or take the order on my own motion, ‘The case was then postponed until this morning. CITY couRT. Aes A Lawyer’s Agre:ment. Beiore Judge Neilson. Albert Fries vs, Jacob Rosengarden.—Plaintift brought suit to recover $513, alleged to be due under the following circumstances: In August, 1967, he sued Mrs, Mary A. Hotaling and recovered judg- ment, Mrs. Hotaling retained defendant as her counsel, and haa @ written agreement with him that it she paid him the sum of $200 he was to be re- sponsible for the result of the suit, This agreement ‘Was produced in court yesterday. - The defence was that Fries’ claim against Mrs. Hotaling was a fictitious one; and further, that that Jady absented herself from court when the case came on for trial, se that judgment was taken by corns Defendant therefere held that he was not lable, ‘The jury rendered & verdict in favor of plaintiff for the full amount claimed. BROOKLYN COURT CALENDAR. Crry CouRT.—Nos. 34, 25, 46, 86, 27, 47, 48, 51, 58, 115, 171, 125. Jae ae COURT OF APPEALS CALENDAR. ALBANY, Dec. 15, 1870, The 1ollowing 1s the Court of Appeals day calen- dar for December 16:—Nos. 106, 108, 89, 104, 107, 110, NEWARK’'S GARRET MYSiERY. The Hgen Inquest at Newark—The Veil of Secrecy Still Thrown Around It—Adjourn- ment Till Saturday. The coroner’s inquest now being held secretly by Coronet Chase, in Newark, touching the death of Franz Philip Iigen, ahout whose mysterious aisap- pearance from this planet some particulars appeared long ago in the HERALD, forms one of the chief topics of discussion in that city, and great anxiety 1s felt in the probable result of the inquisition. After being in session for full six days the latter adjourned yesterday till Saturday morning, when the examination of witnesses will be resumed. ‘The testimony already taken oovers over one hun- dred pages of legal cap, and Coroner Chase says he 1s not sure but nearly as much more will be re- quired. The fact that the two parties at first solely suspected in the matter are now under surveiliance ‘would seem to make it unnecessary for the further- ence of : THE ENDS OF JUSTICE, but still the autnoricies claim to have excellent reasons for withholding the testimony from the pub- lc until the close of the investigation. ‘Why, sir,’? said Coroner Chase to the HERALD representative, “it would spoil all my toll for six days and partiy nights, as wellas that of my jury, to have you come out in the HERALD to-morrow with certain parts of the evidence we have taken. There are other arties that we want to get at besides irs. Ilgen and the shoemaker, Adolph, whose other name 18 unpronounceable, and, of course, 1f you mentioned their n» mes they would be off like 8 streak of greased Jersey lightning.’’? The reporter suggested that, as was very often the case, the pub- lication Of the facts might be the means of unravel- ing the mystery: but Mr. Chase was inexorable, ‘The HERALD went all over the world, and he did not ‘want much said about the matter in the meantime. All the way from Iilinois @ man had come and told him he knew all about the matter; he had read it in the New York HERALD days before. The shoe- maker has been RELEASED FROM CUSTODY, though he 13 still held under bonds to appear next Saturday. Mrs. ligen nas been entirely released from custody also, though she is kept under sur- veulance. She 1s & woman of dark complexion, medium size, rather pleasing features and in the prime of life. She has had only two husbands, lustead of three, as previously reported. To ligen she was married four ears, and, according to her own story, always lived happily with him. He was in the insurance business, and on the 16th of last June left his home in New York, having with him $600 or $700. He sald then he was going to Pittsburg, Pa, to buy a fara. HE NEVER RETURNED, She further says tha’ she used all possible efforts to discover his whereabouts, but it was not ull she saw the account of his death in the papers that ene knew of it or where he was. Aud stlil further she affirms that her acquaintance with Adolph, the shoemaker, ‘was only after ligen’s decease. It now appears that THE EXHUMED STOMACH of the deceased has not been taken to New York, but 1s still in possession of the county physician, Dr. Dodd, It is said that the price asked py Professor Doremus ($1,000) for making an analytical examina- tion fairly staggered the Newark authorities, and they decided to see how they could get along with- out the Professor. Coroner Chase thinks it 1s ‘A MONSTROUS OUTRAGE on his jurymen thatthe law, as it now stands, will only ajlow each of them a twenty-five ceut stamp for his services, though they have been six days in close attendance, and may, perhaps, be six more. He purposes using all his efforis to have the law changed at the next session of the Legislature, He complains, too, of the manner in which he bas been treated by the Newark police detectives. He says they will do motuing for nothing, and as the law al- lows nothing he can give nothing, ; hands. The defence was that the | AMUSEMENTS. BROOKLYN ACADEMY OF MusI0.—Wallack’s oom pany gave a performance last night at the Academy, ‘There was a well Ifiled house of an audience that bore a striking resemblance in characteristics and appearance te that whieh may be-met with at Wal- lack’s theatre in New York. The piece selected was Coleman’s comedy of ‘The Poor Gentleman,” and ail the points of this familiar comedy were thoroughly appreciated by those who formed the distinguished throng before the stage. The cast was distributed after the following manner:—Sir Robert Brambl Mr. John Gilbert; Sir Charles Cropland, Mr. Geo: Beeks; Lieutenant Worthingten, . 6. W. Barry; Ollapod, Mr. J. H. Stoddart; Frederick Bramble, Mr. Clarke; Huinphrey Debbins, Mr. J. 0, ‘Wilnamson; Foss, Mr. B. M. Holland; War- ner, Mr. ley; Kmally Worthin: Mrs, Thomas Barry; ‘Lucretia MoTab, Mrs. John Sefton. Gilbert was a3 Bramble, and was admiral Cat oarepre in Sir Robert meinbers of the company. sustained by the other “The Poor Genueman”? 1g one of those light comedies that are so full of thos and humor that it appeals to the heart and of all those who have ever had an opportunity. of witnessing its presentation, The announcement appended to the programme, that another per- formance by the same company will shortly be given, was read with considerable favor. Musical and Dramatic Notes. “Rip Van Winkle,” since the announcement of its approaching demise at Mr. Booth’s elegant theatre, has drawn in crowds not only those whe have seen it before but that rare and extraordinary class of people whe have never seen it before. On the seventh day of the new year a change takes place. Then Edwin Booth makes his bow in the very best of all his great characters, Richelleu—a dramatio portraiture of Michael Angelo dimensions. That the representation, in its entire surroundings, will ex- ceed everything of the kind that has been heretofore attempted on the American stage seems to be, from afew glimpses we have had,a safe assertion to make. Lawrence Barrett plays De Mauprat, and Miss Bateman Julic—two strong parts strongly filled. After “Richelleu” comes that wonderful Shakspearian story which outshines all the marvels of Scheherazade in the “Thousand and One Nights,” “A Winter's Tale.” The scenic preparations for this Piay have been going on ever since the theatre opened, and ure of the broadest and most liberal description. Mr. and Mrs. Barney Williams’ engagement at the Park theatre has proved so far an unequivocal suc+ cess, There is a magnetism about these representa- tives of Irish and Yankee characters which the pub- le everywhere never fail to recognize. Mrs, Con- way’s excellent Brooklyn company constitute an ad- mirable framework to these two stars, Next week “The Emerald Ring’? is promised. ‘To-night the centennial anniversary of the birth of the immortal Beethoven will be celebrated dt the Academy of Music by the Beethoven Mannerchor and to-morrow at thelr new hall, ‘Fidelio” will be pre- sentedsthis evening, with Mme, Lichtmay and other well known German artists in the cast A concert will be given to-morrow. ‘The Philharmonic Society have a rehearsal this afternoon at the Academy and a real Beetioven fes- tival to-morrew night. Miss Marie Krebs and Mme. Lichtmay are the soloists. “Twellth Night,” that most charming of Shak- sSpearean comedies, will be presented at the Filth Avenue to-night. ‘Miss Kate Field delivers her in- teresting lecture on Charles Dickens at Unis theatre on Sunday night, “A Morning with Judge baile still continues to.attract crowded houses at the Globe. Harry Sanderson gives a concert to-night at Stein- way Hall. Miss 0’Grady, a soprano of considerable promise, appears on this occaston. ‘The quarrel between Fechter and James Wallack at the Globe, Boston, has attained undesirable notoriety and proportions. Wallack and Mrs. Ohanfrau became such favorites with the theatre- goers ot the Hub that the management dispensed with the services of the lady, and would have done so with the gentleman had it not been for an insur- mountable obstacle in the shape of a lengthy en- gagement. Mr. Cheeny is nonplussed in the matter. e Englisn opera combination is playing at the Boston theatre, and in spite of the opinion and ad- vice of all musicians and the verdict of the public these artists persist in playing operas which they have no capacity to interpret sus fully, and in ignoring a genuine American work like Bristow’s “Rip Van Wiukie,” which, with Drayton and Mrs. Richings-Bernard, proved to be the best and most popular work in their répertotre. janauschek has been successfal beyond her most sanguine expectations in the provinces. THE FECHTER-WALLACK AFF2iR. Boston, Mass., Dec. 15, 1870, The troubles at the Globe theatre nave culminated in the withdrawal of Mr. Fechter from tne manage- ment. The raveller pubilshes @ history of the steps which led to tnis result, the first of which is the following note:— Parkes House, Boston, Dec. 13, 1870, Sin—It has come to my knowledge that oh s recort occa sion, at the house of a friend in this elty, you presumed to Address to my wife certato remarks disrespectful in thei na- ture and utterly unworthy of @ gentleman, Respect for the family whose hospitailty you thus grossly soiled restrains me from expressing the contempt with which you have ing your nose in public, but and” ouly opportunity your ¢areful seclusion of your precious person renders imme- diately available of saying upon my personal responsibility that T think you are what your conduct indteates you to be— gross blackguard. I shall be at this hotel unil five this evening, when I propose to return to Long Branch, N. J, Obediently yours, F. 8, CHANFRAU, To CHARLES Frontre, St, James Hotel, Boston, Mass, In reply to this Mr. Fechter says:— The above letter, which I have given verhatim et literatim et punctuatim, speaks for itself, With rd to the question of gentlemaniiness betweon Mr. Chanfrau and myself I leave others to judge, and will content myself by sayin simply that ona clause of Mr. Chanfrau’s letter, to the e that have grossly soiled the hospitality of any gentleman, is untrue; for, in the house of the gentleman referred to Cundoubtedly Mr. Arthur Cheney}, I always have been and am received as one of the fainily, and Mr. Cheney has too much manhood to — receive & guest one who bas soll ana {f you will for one moment consi oe I clasped Mr. Chantri hand bef his departure from Boston, and his wife begged my lea ‘immediately granted”—to accompany him to New York, whence she only Feturned to decline the performance of her duties, I neither have spoken to or met or seen the lady, youcan form a no- tion of who fs the real blackguard in the matter and pro- nounce for yourself. The next step 1s the trouble with Mr. J. W. Wallack, who was given the part of Don Salluste. He kept it for five days, and never alluded to it in his con- versations with Mr. Fechter or the stage manager, and walked off, leaving in the hands of the door keeper the book of “Ruy Blas” confided to bim, en- closed in this brief nove:— My DEAR FEonTAR—I do not like Don Salluste at al would rather not assume the part, I return the book, fore, and am yours truly, J. W. WALLA To this Fechter repijed that the nook was seat for his study, not for his approval, and expressed sur- prise that he did not like the part, adding:— It is the best part of the play, and I'd much rather act it than that of Ruy Blas (un experiment we can try if you iike al jut should yon still decline to in | his id his that ouse as hospitality ; in time rr your enj ‘will reconsider the question in a res mes sauusfactory reply, 1 remain, ys : frit and give ‘allack, dear YOUrS CHAS, FECHTER. This touched Mr. Wallack’s pride, and he re- sponded tartly as follows:— other prefix need I employ after your peremp- 8in—No tory note of thie date, I will not enter into any argument as to Don Salluste or any other part, but I simply reply to your edict “that your services are useless and your engagement at an end this very week.” Please understand that { am en- to Mr. Arthur Cheney and not to you—an made before you were considered. I Tecognize your ‘right to. tell me my services.gre not required, nor will I permit Mr. Cheney. to stutify Minself by acceding to and supporting you in abre- ting that which I thought was perfectly understood be- ween gentlemen. My position in the Globe theatre ought to be understood, and that position I intend to maintain if I can. Any further business communication I must have with Mr. Cheney, with whom I negotiated, to whom I look for the fulfilment of my engagement? and with whom alone I will in the future have any correspondence. 3. W. WALLACK, This covers the correspondence, and Mr. Fechter sums up the matter, in cunclusion, as follows:— This is the whole, plain and candid truth. Let the public, the press and my friends judge and decide. Tt wus clear! my intention not to have considered the services of Mr. Wal- Jack useless to the theatre, provided be would have acted in the same kind and friendly spirit to me wt I would bave acted to him. consider that I have acted the part of ie artist to him in any written proposition, which is unmistakable in offering to alternate with him the parts of Don Sail and Ruy Blas. Mr. Wallack’s services to the theatre, it will readily be admitted, would prove useless should’ he do nothing but go to the box olllee every Monday morning and demand bis weekly stipend without giving anything in return, 1 had no other views in assuming the management of the Globe theatre (at a great pecuniary loss to me) than the benefit of art, the wholesome amusement of the public and the pride and comfort of my Fay friend Cheney, The periment proving tediously useless in the mean and petty jealous circle 1 have to work in, continually attacked by @ clique no gentleman can face, and as [have no mortal rea- son for turning my poor self into modern Hercules to carry the Giobe on my shoulders, 1 beg leave to Aoete oe my heartfelt thanks to the public, my friends of the press and the patrons of the theatre Forahe valuable and sustained support they have given me during my two short stay in a city 1 consuered hke my own home. 1 now beg leave to announce the last f¢ weeks of the pre- sent Management and of Miss Lecierc and my performs ances {i Boston. CHARLES FECKTER, PERSONAL NOTES. A new woman lecturer has taken the fleld—Mrs. Einile Pardee, of South Norwalk, Conn. Max Strakosch, the manager of the Nilsson con- certs, has sued the Rochester Union for libel. Among the members elect to the Illinois Legisla- ture are four brothers of the name of Casey. The Hartford Post suggests the name of Rev. Dr. J. P. Thompson, of New York, as the successor of President Woolsey, in Yale College. The Otsego (N. Y.) Democrat says that William C. Bentley will contest the seat of the memper of Assembly elect in the Second district of otsego county, upon the grounds that the ballots cast for J. L, Tucker are defective, and adds tuat the statute Is in favor of Mr. Bentley, THE TUNNEL “M06. Continuation of the Argnmont for the Erle Company—The Right of th Delaware and Lackawanna to Use thy Tun- nel Emphatically Denbd— Who First Violated the Agrooment + —_ Attorney General Gilchrist yesterday neymed his argument in beliaif of the Erie Company at ‘Yren- ton, before Chief Justice Beasley. He dened tively inevery branch of his argument Yhat the Delaware and Lackawanna Railroad Compary have any right whatever to use the Erie tunnel, snd in answer to the Uhief Justice stated the only potas in the cage was that there was no right to connect on the Jand of the Erie to the tunnel. He contrasted the charters under which the Cam, den and Amboy Rallroad Company acted and that under which the company acted that he was oppas- ing, He said he could build a railroad in any part of the State if THE CONSTRUCTION OF THE CHARTER was taken to be, in the word “bridge,” to cross a navigable river, He maintained that special per- mission to cross @ navigable river was held by the courta in the State and also by foreign jurists, The right of navigation was & free Paar one, and he who im- paired it must have the highest authority to do so. He cited authorities to show that @ railroad com- pany, having once located their road, could not vary. 1t was said that they had acquiesced in the Boonton Branch bel connected with the Morris and Essex Ratiroad. He denied that they had done so, Could they ase the Morris and Essex rails on the lands of the Erie road? ‘fhe Morris and Ksesex Toad had no real right there unless by acquiescence, and the Erie road had NEVER ACQUIRSCED in the ruuning of the cars over their land, with the ‘use of the tunnel, without payment of tolls. If they wanted to make out acquiescence on the part of the Erie Company they must make it out. Acquieecence, indeed? What, acquiescence ta giv- dag away the right of their franchise? Acquicesce in giving to an opposing company a power that would place them at the mercy of others? And now came the ume wien the connection was. made, which was in December of 1869, and trains an to run in March, 1870. The Erie disputed the ¢ to come there at all, and more especially as the Morris and Essex, with its branches, Insisied on. their power to come WITHOUT PAYMENT OF TOLLS, This was, in the first plave, against the broad track. After a g: eat deal of correspondence it was eed to .leave the dispute tothe forms of law. the tunnel difficulty was arranged three times and a3 often broken. The frog was put down and taken: Up again; for the moment 1t was putdown paument of tolls was refused. After seven weeks of parley- ing the Delaware and Lackawaua rei to come to terms. ‘The Erie wanted to know where they siood, - and whether they could not demand the tolls. ‘The Erte road claim that the sortis and Kssex road have no right at all, under existing contracts, to run their trains through the tunnel. The whole of the testimony bristled with facts in support of thls as- sertion. Only @ special Providence prevented a series of fatal disasters, us engineers would race to get to the tunnel first, and EXCITING AND FEARFUL SCENES were of daily occurrence, ‘Then came the inquiry as to the terms on which the trains of the Boonton branch would be allowed to puss through the tan- nel. The Superintendent of the Erie road replied, d, after seven weeks, when the Delaware and Lackawanna refused to reduce the terms to writing and sign the agreement, disorder con ‘inued, aud the battle of tue [rog was taken to the courts. ‘There never had been the rightin the Morris and Essex Railroad to pass over the tracks on the land of the Erie. If the Erte had acquiesced in the pas- sage of the Morris and Essex trains they had never aoaclenen inthe passage of the Boouton trains. AS THE TRESPASS WAS NOT GREAT ENOUGH ‘with the Morris and Essex Railroad, they brought a thousand coal cars each day and blocked up the tun- nel, If they had the right to build the Boonton branch until they came to the land of the Erio, wey had no right to pass over the iand unless they had 2 egrecmient, and all they claimed is we contract of 1859, THE REAL COMPACT. 1t was seen proper, under Certain regulations, to allow certain trains to pass whrough the tunucl that had passed over a certain track of road. He then adverted to the need there was for the tunnel and under what authority it was construcied. The act of 1849 contained @ charter which showed that the two roads named — there the only roads authorized to go to the Hudson River, and, therefore, the only ones that had the Tight to go through the tunnel, even though 1t was a public highway. The Erie Company had the right to jae through it itself. Two years after the Erie had jocated and had the right of the tunnei un act was passed declaring the tunnel a public highway forthe Passage of locomotives and tralug on payment of tol HITTING THE NAIL ON THE HEAD. Because the Erie road had permitved the passage over their road free of toll the parties thus liberally treated sought an estoppel, and alleged that any Party had a right to use the road; introduced a new Tailroad, with its carriage of 3,000,400 of tons of coal yearly, and the charter under which the Morris and Essex proceeded in their assertion provided that th ee connect with the New Jersey Centrai Rall- road. “BEER SUCKERS AND ASSASSINS. An Editor Charged with Libel—He is Licld to Bait. J. C, Michaels, the editor of the Latern, a German hebdomadai published in this city, was arraigned yesterday afternoon, at the Essex Market Police Court, before Justice Ledwith, on a charge of libel preferred by John H. Bicling, of 133 Bust Hous. ton street, president of the Hildise Bund Society. The alleged libel, the complainant affirms, is contained in the following article, published in the the paper named on the Ei of November last, and translated iniv Kng- lish:— \ “Question—Of whom do the officers of the Htidise Bund consist? Answer—But of beer-suckers, assas- sing, runaways, scoundrels and scamps, who have left behind them in Germany their wives and ohil- dren in despair and need, and such who have made fraudulent bankruptcies in Europe. ‘The affidavit states that such words are utterly false and untrue in every and ail particulars, and that the said editor in printing the same knew them to be false and untrue, and that they were printed for the purpose of injuring deponent’s reputation as @ private citizen and the members and officers of maps society, Michaels gave ball to answer the charge. THE TROWBRIDGE WILL CASE, A New Phase of the Cnse—Is the Partuer of the Executor Liable? The Trowbridge will case is again before the Su- preme Court at Hackemsack, N. J. It will be re- membered that the late Joseph A. Trowbridge left considerable property to his wife, appointing Speer Cumming executor of the estate. This gentleman was @ member of the firm of Alden, Cumming & Co., who had quite an extensive buginess in the “Swamp” as hide and leather dealefs. The firm dissoived partuership on the 1st of March last. Mra. Trowbridge now sues comming. tor 2000, which she had deposited in hands for investment as exccutor. Mr. = cummt claims that the moneys were deposit in bank to the credit of the frm of Alden, Cumming & Co. an ‘Were drawn out from time to time for the use of the firm. Mr. Cumming had been sued for this money, and judgment was obtained against him by default, but the judgment remains unsatisfied. AS Mr. Alden, the senior partner of the late tirm, is wealthy, itis said the plaintii’ now seeks to make him a party to the transaction, Mr, Alden’s defence 1s that the money was not put in till the 14th of March, whereas the firm was dissolved two weeks previous . ‘The books of the firm, it 1s alleged, show at Mr. Cumming was indebted toa great extent tothe firm at the time of the dissolution, and that there was a large sum dueto Mr. Alden at that time. Thus the case stands. It is expected to be coucluded to-day. A DEEP MYSTERY. Some Facts Concerning the Body Found in the Water at Reckway- ‘The Coroner’s inquest on the body of the mam stated to have been found dead at Rockaway on Wednesday reveals some curious facts, The body ‘was not found at Rockaway, but utes lace on the Rockaway road. known as the lalf-way House, in the township of Jamaica. ‘The head was submerged in water, while the body swayed to and fro with’ the current The man pire to have been aresident of New York, named arker. He has a prother residing near where the body was found, and the most friendly relations did not exist between them. About three weeks ago Parker arrived at this place and stated that he had come to make trouble for his brother, He refused to go home with his brother, but later in the night consented, asking that he be called at three o'clock in the morning. When he had gone traces of blood were found about the house, and bis coat and hat, badly torn, were found on the road. Search was made for him, but he could not be found, and it was not till Tuesday that the body was dis- covered. ‘The head was terribly crushed, and there remains no doubt he was (ouliy d alt with. He had $1,800 on os Dereon ree Cee say By ro arty are known te reside in iol » nd tne perpetrator of the crame would be & didicult \ task,