The New York Herald Newspaper, December 17, 1870, Page 8

b daalon atau | * THE TAYLOR WILL CASE. Grandmother Taylor Versus Granddayghter Howland. Troubles of Surrogate Hutching:—Anxiety for the Litigants and Fun for the Lawyers— The Testimony of Mrs, Howland, Senior—Ranting Counsel. The somewhat extraordinary and really sensa- onal drama in real life which the present action in fhe Surrogaie’s Court over Mr. Taylor's will has given us a glimpse of continues to be the theme of eomment in fasaionable circles ia New York, and un- @oubtediy it will engage the attention of the haut ‘on, as weil as of the lawyers, until by due process of law, to be decided by Mr. Surrogate Hutchings, one or other of the parties tmterested Is effectually defeated, The court rooin was quire crowded yes- terday morning when the Surrogate took bis seat on the bench, at eleven o'clock, and the utmost @nxiety Was manifesied to Lear the evidence tn sup- port of the speech of the counsel ‘or he clahnants, Mr. Henry L, Clinton, a synopsis of which las already appeared in these columns, There was quite an array of legal wient present, walle Mrs. Taylor and ber friends ani Mrs. iowlaad aud her sympathizers occupied seals at diicient aud oppo siie stations, TESTIMONY FOR TH CONTESTANTS. Mrs. Rebecca Howland, the granddaughter, was ‘the first aud only witness placed on tie staud, She Wwetified as follows:—I first saw Mrs. Taylor im No- vember, 1809, when she called to lavite us to Thanks- giving dinner; at frst I objected, because I was in mourning for my husband; she sail tk would Lea private ainner, and 1 conseute!; she saw my son Heury anu Kate, aod she was very cordial and Kind; she went to see Lienry in ils room, where ie was sick in bed; Mr. Ricbmond and My. and Mrs, Taylor and Mrs. Taylor's Wousekeeper present at the dlaner; Mr, Tuylor tried to make tie party as pleasant a3 Le Could; his manner iv bota Henry end Kate was cordial; he also spoke of my husbi ja very high terms; iu speaking of Kate he said he was VERY FOND OV BERK YUN; after dinner he suowel me some jewelry he had presented to Kate; he said he pad bought two sets, one for Mrs. Taylor aud one for Georgiana, Kate's mother; Kate called Mr. and ore, ‘fayor father aud moter, and tuey spoke of her as iheir granddaugh- ter and regarded her as t.e own daughter; Mr. and Mrs. Tayior afterwards culled a my Rouse and Stopped to dinner; Mr. Tayivi's manner was very cordial; he spoke approvingly 0, Ler appearance, drew a seat near her abd euworaecd Ler; Mr. Taylor spoke to Henry about his business, aud sald ne would hike tosce lis business papers; be suid he did not care it Heury «cid uot earn a del- Jar, bus he wanted him w engage m business, so that he might jum how ty take care of his money; Wy suu Jose; M as Lien golug io Kurope, and had proposed to nueary anu Kate to go} this was Spokeu of to Air, Taylor, Way sad, “Kale, A you Want io go, f WU give you 92,00 Ly pay es he then spoke of Whac He bad cecuumua World 8 goous by lis Own ULuded effurs; i next Saw Ars. ‘Yay ior at Ler house a sew days a LerWurds; J atued tbere; after dinuer or. iaysor assed me Into the Lbiary, aud spore to ine about he paper Telating to imy husband's estate, Wuich bad been draw; | asked hun lus wavice wool sigulug 1; he aid take plonty of time; b> told we ue : Taylot velleved in Spiriuslism, ani had COMMUNICHUOUS IFO (he Olver World; La His deceased uauguter, he clued av my Louse dung Kale’s iluess aud expressed surprise wud auger that it was KEPT SECRET FROM HIM; 1 mentioned to hin tuat she was il of cold; he Bald she Was (he voly ciild fe had and he would take cure of her; te imtecview was rail Bilectonate; ihe tdea of golrg ty Hurose again Cae under nouce; on this Vocastoa my Soa Bali He Wauteu about 92,00v ior ihe trip, aud Air. Yayior repiled tiat li le drew & noc: for Lal amount he Would advaave it lo hun; ils uote (produced) 18 In My son’s MaudwWritins, td Cre Sigaaura is sr. Taylor's; we leit tor Kurope about the idh or Lath Of May; uptotue time of our Geparture I never BaW uhything bus yreat tenverness aud between Kuve aud Mr, Paylor; sue seemed to be te pel and dardaw of iis heart; “he Saw us leave in tie Beamer, aud, Kissing Kate, expressed a Lope Uhat he would returu stroug sud Leaiuy; sue’ always bpoke of bin IN TUE MOST AFFECTIONATE MAL the voyage was passed over in ap, aud Onour arriy. @ We proc burg; on oue o » Whiiedn jwuiube: of Kate's alecuon replied that t taust ve ulsi Teverse; tn Paris Kate vcou evening ! Was oblizcd to se. entue uigat, i er did Wut Gone to vi and sie ie. ver, Hust at it; were Ui gificu.ty in re rit Was quite Wie ery Wl, aud one was of Jewelry, aad Mrs, ‘fa)101’S Wiauuer ab ihe Uc.e Was Very dutoh and augry; si “Now, lary was sare, and he cau support her, and all she nad Lo ca! hersetl wou at. Laylo! ated i tiou of writing to dir. i this eveat did uot dial reluitous Wo. coaversaiion ov gad George Dui whiting, particu Mr. Andrews objecie It ail a quare nothing Whatev Objection overr His Hoavr overrure Ration o1 the with 1 two Wa. rio uo with the wil on and the examl- | W > and Yaylor voyage irom sy Should | RAV AUANCE IN 7 and that sue sud sue any of the party itu dock in tus ¢ the scene at the bee ed Lit ol thy K Mai squiie corals the cud of Au ed some days gr WAS A WiLL, i Mr. Jones, of 1 » Would be Ls she aiso said Uitte it v r Kate to pon iber as he knew ait aby he could do them remember betug i y n Temarked that ue Dud lost @ yoo iiead da Aly, Taylor. THE SUBIBCT OF Tia WILL Was first spoken of ju voris; Mrs, Zayior cold witness thal he made @ Wil Dofore nate Was uA ; ui the to have tts Marry aad meeting, alter vie funeral, dlr. Weiweri t he knew ‘4 #, Dut sant ° Daryea ¢ about Cis Lue . baylor Btated thay sie W Duryea. d provide Lverully Jur George Cross-examined—At the tine of the 1 tween Mr, Ho ‘lage Le had gob xl Me a walt him, laid Qud Kae M so Mr. te said, ‘Laylor t fact. of papers; Ki that she w: towards her Tayior said the intimac. cillation at tae Thai Witness borroy Temeuber u wontd forg nthe family 5 digaes Was quite Gis sot Loui a had « conversation with Mr. Laylor avout it; Miss Fox Was ab iy House one night and sleps with’ me; Mr. Taylor va he saw Writiug on the neck 0. u ic aliributed to spiritualism; never asked tue mm how long Mr. aid wr: first diticulty between wie f was the coral bra angry, and smasio Of its belug Sent oaCK by Airs. to her and she said she woud about it, advived her wot io do 0 matter; there was sewe bie bnt nochwg of tauch separavon Wek plac party would go duit with Mis. 1. i Paris; Mra. Sayior ic day ior 4 few days before 1 home; she Weuid nut let Kaie see it; after arriving 1a New Yor Taylor havjug ad at was very aad iusisyed fayior; 1 brougat tb we’ to-éx, Savior s Sj a > a sceewienl Wa 3; had wo seit Weit tosetucr Wo My. Ta;lors Lome, ard that ue was SICK WITH YY PILOLD ¥ there were two of three jeui Kate ani her husband caiue mained about tem minwies; t Visited the house after tag faserai ia Panied by nis s.st ton about the will; am qaite sure tial Bald that be bad never heard apyinuas avout a wil; never beard iat my son wid Se leave the house; caicd on Airs, Tay aiter the funeral would nub see by her action aiier the iuneral that sie wnt wo get me out Of the Nuuse, suppose Liat by be luc iea- son why she Would nol sco ue; bever Visted Ler aiterwards, nelier did Kate; i BEARD THAT THEN WAS A STILL POUND, and that MP. Howland was convesiig ‘ Keduect—Atie: the funerai Mrs, Taylor Intimate: to Kate that she would bave to leave tite iouse; tiis ‘Was on Saturday; on Meuday we wok our departure; 00m; in the interview between Kate and her mother after the Supers) ‘Vas ior Was yoiig Lo live; the | «K Mra, t house was to THE ADJOURNMENT. cluded at tnt: was adjou to Monday, at eleven o’clock. The day was spent by the cot 1 engaged in geing over and over the points of testimony, and the Surrogate was compelled to listen toa great deal ef twuadilo and apy number of baa jekes, several times during tne day was forced to Iaterfere in shortening the legal squabple. It is expected that Mra, How- land, the younger (Kate), will be examined on Mon- day, when soe new and interest light will be thrown on this singular mystery Taylor's intentions in regard to large fortune, AN OVER RASH ROBBER. Be Commits Some Thefts and Secks Refuse in a Bridgeport Poi Police Marsh Proves too Mach for Him. Bripozrort, Dee, 15, 1870, i Between six and seven o'clock last evening a | young man of respectable appearance walked home to cover her; Kate e and live with Harry and irs. Taylor sald anything in ys ive in allowing the spiricualistlo ext- dn in’ my bot L te show my chuldren the ‘The examination of this witness having been con- int, the further hearing of the case of Mr. Joseph B. the disposal of his THE COURTS. ‘Writ of Error in the Case of Lawrence Sulli- van—Lareony of Pacific Railroad Bonds. ‘COURT OF OVER AND TERMINER, Disposing of Cases on the Calendar, Before Judge Cardozo, At half-past ten o’clock yesterday morning the trials of criminal cases were continued in this court, | SENTENCED TO TEN YEARS’ IMPRISONMENT FOR MUGHWAY ROBBERY. On Thursday William Barr, @ lad who had seen twenty summers, was tried for Wighway robbery, the complainant, Patrick Jourdan, @ bartender, tes- ; Morning tie accused Knocked him down in the street and took irom his pocket $2 25, ‘The prisoner testified in his own behalf that on the _ Morning in question he had been @rinking with the Station—Cuiet of | tifying thatat avout five o'clock on Thanksgiving | Morris Kehr Sentenced for the Manslaughter boidiy into tae police station of this elty and with complainant, aud that a row took place between | the utmost assuraace stated ‘o the odlcer in charge that ho was a sailor by calling, but was at present out of employment, and, haying been sick for a con- siderable time, was entirely destitute of money, ana would like to be provided with a lodging for the bight. At the sound of his veloe W. EF, Marsh, tae Chief ef Police, who was slits at his desk in his oMee, Which adjoms and opens ity the reom where the stranger was standing, turned his head, and, | aiter looking fixedly at him for a moment, requested | the policeman to bring him inte the inner room. The young man giibly repeated his story to the Chief, who listened to him thoughtfully, and at its close replied, “Certainly, sir; we shall be happy to | accommodate you with lodgings; in fact, you are | JUST THE MAN WE WANT. Perhaps you wil favor us by removing that com- forter which you wear wrapped around your neck.” With tue avsistance of tue willing policeman this was speediiy dons, and the neck aud lower part of the face of the as onsaed young man were es posed w view. “Uxe-lent ”? réuarked the Chief ; “but I see that you have made some change in your per. sonal appearance wilgin the past few hours and ; have bad your ve-rd shaved od, Perhaps you can now inform us What you ha.e done with ! THAT GOLD WATCH | which you stole ia New Haven to-day.” With an air of the utmost indignation and surprise the | stranger commenced to deny that he had ever been ia New Haven, and to protest tat the charge of his having stolen a gold waich was a ridicuious one, a3 he bad never had such a valuable article in his pos- session; but his volunility was cut short by an order tw search hum, Whict was promptly carried out by the oflicer who hui taken charge of hia Tue pockets of his garments were successively emptied and his boots removed without Uinding anything Wausual 10 them, bata quick aud alm st linperceptible notion of the prisoner’s bund justas the oulcer of the law Ja.d hold of him had been noticed by the practised eye of ine Ciel, and upon search being made ia its direction A LARGE POCKETBOOK was picked up {rom the floor behind a chair, where | it had been dropped by the Galea to escape detec- tion, Upon opeumg it the missing property, cun- sisting of a lady's gold waich, was lound, ‘ihe watch Was @ valuable one, and must have been Worth scventy-Uve woilars at least. Frem iniorua ion subsequeutly revelved it appears: that the gulity maa, Wo gives fils mame as Arthur Meivile, called ata handsome house in New Haven yesterday, and, representing himself to ve destitute Qad extiemely huugry, begged for something to eat, Hav.ng been me utously admitted into the house, he took advautaze of the Mouentary absence of the servant irom the room to abuse tie Kindness of Wich he wus the recipient by comsniiting this base thet, Toe hasty im nuerin which he took ms de- partare was noticed and excied suspicion, and im a jew moments 1¢ was found that ibe waich was missing. The New Haven police icpartment was kamediately notided and a | descnip.ion oi tie person of the thief turnishe:. Search was made for him, but he had disappeared and left no ce belund, ‘Thiuking It probable that he had jeft towa, though in What uire?tion Was un- Kaowa, the descrips.ou of his app nce was tele- graphed to te poli e departments iu all the neigh- boring towns. He was descrived as being about tive feet seven inches in heigit, Wearlag full beard and mnnstache anil dressed ina gray coat and black feit hat with stil prin. Te despatch was recel ‘ee by Cine: Mars, of bridgeport, at about hal!-past siX Yen a hour (vom that time the man was ‘48 easlly recognized, though his 1ce had been considerably cuanged by @ | had paid toa barber shop on State sirect, Whiskers had been cut of and bis muas- ypenias. In til pocketvoox was also foun’ a letter from As PIS YALE COLLEGE to iis father, Who sa iuember of a prominent mer- | cantie bouse on Broad street, New York, introduce dig tac siranger, and saying that the writer met Wi vim ia sew Haven, aad had veea deeply tater- ested tt hearing hum repeat his adventures upon the briny deep, dad that he believed him to be a Worthy mau, though at present In nee ly circuin- ances, aud that any relier that his faiher might bo able to afford niin would be Well bestowed. Upon the person of the prisoner was also found a@ list of Lie various stopping places frequented by thieves and tramps apoa taer travels in veariy ad | the towns bety Showing that h le, Wat probab y AN OLD OFFENDER. Notice of nis rrest was telezraphed to the New Haven police, and Captain Catlin, accompanied by ‘the de! ive who had the inatter in charg, arrived here upon the nine o'clock train and took charge of oh ooher, and at hallpase ten o'clock the same even, returned with him to that ety, where he ‘was locked up for examimatioa. Voices Of 1H PEGPLE, Butler and Farragut—Wiat Has Become of the New Orleans Prize Claims? To THE EDITOR OF THE UERALD:— auizatien has been formed in the elty of {or the purpose of erecting a monument to the late Admiral Farrasut, While every true, patriotic citizen must favor this movement in honer en New Hav-n and New York, was no novice at this mode of | of the Mastrions here, I would ask if senetning | practical cannot be done by the gentiemen who form this so; of the Admiral aud others the prize and bounty money for o! Vessels destroyed and captured on ississippt viver at the time New Cr » April 2b and 25, 1842, The ad the clam in ihe bands of General Wy, Gud J regrot io say that he has beea very dilatory in pringus tt toa ‘settlement. Peruags we | wali say Unat he Jude Wyhe, and iat j he decid d aay . ‘This was done on ace | couai of the inf the claim as it was pre- | sented, I would lise to know what motive ibis. | Gistinguished hero of Dutch Gap notoriety ha laying tue claun before the court in an Informal } und { call upoa the gentiemen in the above und on the press of .ew York to vindicate our cause ond jnsist that justice be done the noule ) dead wad those thas bad tue novor to serve under | him. Very respectfully, & JHOMAS AH. LAWRENCE, ; Jate an offiver of the United States steamer Var ° una. Av American Cataolic to an [talian Catholic. New York, Dec. 16, 1870. To TnB EDITOR OF THE HERALD:— | In your paper of yesterday's date I noticed a let- | ter signed by an ‘Italan Catholic” From the tone | Of lis communication it appears that he thinks the » Pope benefl’ed by the usurpation of his territory and the loss of the temporal power. In the Papal sylla- bus which was adopted by the last Council it ts dis+ tinetly affirmed that the temporal power is necess- sary to the Vope, aud ii he bea true Catholic he musi believe this, Lven ta a human point of view ig tt very modest for the ' of men who have devoted their whole lives to re- | ligiou? | Lhe disrespectful a ie venue: ves cousure. him renew | Siie diat 18 nov with me 1s against me.’ AN AMwtiVAN CATHOLIC, The Street Letter Boxes. | To rae Eprror or ras Heranp:— ) In a receut impression of your valuable paper to cantion the public against ; you toox occasion leaving newspapers on the top of the mati boxes so often wet with on s' ; their destination. and oa revolving itin my own mind have olver wondered for ett book packets as well. be posted 4 them tm addition to as tus caunot bo doue wiile they as they presunliy ace, 1y Cases De badly put about, more espcct dy ws (he ne some «sianes land, Were Wie | Hon coucuiug: & ou the public atiarge Lf belteve they co betier (uso by giving thig master the Suit. ABs tad sit = oe uid nob attenti sty towards ovtatning for the widow | rlier of that letter tu set | | himself against the opinion of the Council, composed nd insuiting way in which he le Bishop and other eminent ¥, Spakiing, McCloskey aud | oy, Lict, aithough signing himse'f athe,’ 18 Let a Catholic at heart, Let tne words oi our blessed Redeemer— reet coraers fn various parts of the city, aa such papers seldom or never reached I understand, too, that you have | frequently referred to this matter in your columns, why tue said boxes shoukl be constructed ony, aud not for newspapers and small f course M the oe ti Be 5 arge enous! newspapers these boxes Was large en Pp eg regain persous Wao have news- Sto post, eller With or witout letters, must | 3st Post Ollice witi be found to be rom the street letter box. In Bag- postat arrangemeuts generally are | of ule most complete Kind, Que finds that this ques- ve pular boxes, ag tney are called Ubere, lias not beeu reer CS pen | lies having charge of this depart mn } eriment’s: operations here wish to confer a boon them, resuiung in a fight. He, however, persistently denied having stolen anything, ‘the jury retired to consider their verdict at noon, and not being abe to ‘ee Were lock up all night Gu the opeulog ol the court yesterday morning ihe fury, Who jooked sleepy aad haggard, returned a Verdier of gality, Witk a recommendation to mercy. |, Pas Court then discharged the jury, rearettig that, owiny to so.ue wregulurity in the engine room, the court Lad been .cit unheated Uroughout the some Germans at alager beer saloun in Norfolk | night. | lu sentencing the prisoner the Court said, in con- Sequence of bie recoummendation of the jury, lie | | Would reduce tue pudisinueat oa0-laiul and sentence him to ten years in tae Stuce Prison With hard labor. STHALING A TRUNK, painter, charged W.th stcallig a rank and contents, pleaded guilty; but sud tu extevuruoa that wey Were drunk at the thue of the commission of tle crime, ment each, A LINGUIST SENT TO SING SING POR TWO YEARS. Charles Felaes, Who said he could speak French, Ttaiian or Spanish, but noi Engush, aad who pre- sented & respeciavie appearance, Was put to the par On at iddictment charging bia with an attempt to commat burgiary. The prisoner said, through an interpreter, that he | ‘Was a compositor, nad worked iu the city eighicen | months Aud had never beca arresie berore, Sing, wiih hard labor, for two years, | | Jane Quigiey, @ rough, Coarse-looking woman of | twenty-five summers, attired in a shabby shawi and | dirty cotton dress, 'was thea called ‘to the bar, | Charged with ropbing a mnan of forty dollars. Essential witnesses ior the defence not being pre- | sent the case was put over till Monday. ‘Whe court Ue adjourned. SUPREME COURT—SHAMBEAS. Writ of Error in the Case of Sullivan. Before Judge Ingraham. Application was made by Mr. Hummel for writ of error in the case of Lawrence Sullivan, found guilty of the murder of Jona O’Brien, and sentenced to be | hung on the 20th of January next. The Judge grant- ed the writ, tue sume beg made revurnable before the Supre.se Court, Gencral Term, on the third ‘Toursday of next January. Decisions. By Judge Ingraham. | Thomas Murphy et at. v% Philip McCaffrey et al.— | The motion to sirixe out name, &e., is granted, with | leave to the plaintif to answer the compiaint stating that ho refuses to allow his name as ex tor to be useil, and making Mm defeadant as tor as weil as in his owa rignt, ‘Tue plaimtiits’ costs Of this motion to avide eveat, By Judge Braay. In the Matter of tie Claim of Martin L, Finch vs, The Estate of Rewhen Lowell, Deceased,—Raport of referee conilrmed, costs aad allowance refused. SUPERIOR COURT—TRIAL TER—PAIT 2. Settlement of the Buildinz Cross Suits. Before Judge Spencer. Henry M. Fleld vs. Stewart and Others.—In this case, taveiving two cross actions, the first ex con- tracto and the second ex delicto, growing out of the | building of a restdence by the defendant for the pla, the lacts of wich have been Lully reported, the jury gave @ verdict im the first sult tor $2,500 Lor ine patlatul, La tis secoad case the same findings this Was $2,003 balaac? unpaid on last lastument aud extra work, imciuding terest to and Assiznmen’ Jadzes for the Year 1871. of the Supremes Court General Terme. First Tuesday of January, Fepru- } ary, Apri, Jane, Se mer aud November. | Specuu Terms. 7" enumerated Molions—Febru- + | ary, Ingraham; March, Brady; May, Sutherland; Oc tober, Caruozo; Deceuber, Barnard. Chumoers.—danuary, Sutheriand; February, Bar- nard; March, Cardv.o; April, Brady; May, ipgra- | haw; June, Barnard; July, Cardozo; August, Sutue: lana; September, b. d; October, Ingrauam; No- | | vember, Brady; paver, Cardozo, The Judge at Chaiivers will hold the same to and including the Saturday preceding we lirsi Monday | of the succeeding miouta. 1 Quer and Terminer.—January, | coru ry, Pare 1, and Oyer and | Bratiy; M » Parts 41 aod % Sutier- er, Cardozo; | Brady; October, Tr, Barnard; Part pecem- im; Part | Cweui courts an | Parts Lana 2, B: fLerwiner, ou i ny May, Parc i, aud Oyer and 7 i brad); duns, Parts land 2 Part 1, aud Uyer and Lf Brady; November, Parts Sutnorian , art l aud Oyer and Yerminer, Ingral 2, Bray. Where two Circuits are to be held at the same | time the odd nuinbers Will be placed on the caiea- dar of Part 1 and tie even nuaibers on the calendar Of Part 2. RT—SPECIAL TERM. Decisions. Before Judge Monell. G. Eagell vs. Charles S. Westcott.—Oxrder SUPERIOR Co Join Sanderson vs. | granted, Anna R. Kenger vs. Charles Jenker et at.—Refer- | ence ordered. Asher Niel et al.—Order Frederick Ses, 2 carpenter, aad Charles Proh, a | Wituesscs in attendance to prove the previous good | intimation from the bench that such proof wouid ‘the Court sentenced them to three years’ imprison- | would not call them, | RECORDER HACKBIT ON THE LAW OF PUNISHMENT | man takes the life of another, that I should, under ‘The Court sentenced him to Linprisonment in Sing | Prior | character, ; 0 tue Legisiaiure to alter the law respecting the | puulsimeut for homicide, | and inconsistent iat in ording | of the court, the Commissioner yesterday, after a Were made by gonseat, With an additional one, aud | brief review of the points raised for and against the | before | Phitip 8 Justice vs Wm. B. Lang.—Order } granted, | dames Pechin vs, Thomas Colunba.—Motion ; denied. Hamilton Ruddick vs, The White Patent Lever Truss Company.—Reference ordered, Bela Ames v8, Duvois Smiih.—Ovder granted, Warptum & Moid vs, Andrew 8. Thorp ei al,—Or- | der granied. Neuschofer.—Order Elen Lewis vs. granted, Before Judge Jones. Theodore E. Aven vs, Samuel A. Sawyer.—Motion dented. Asa Hall vs, John Emmons et at.—Motion cenied. August A, Ritter v3. Samuel Phitips et al.—Vind- ings and judgment signed. August Ritier vs, Margaret Ktegler.—The same. COURT OF GENERAL SESSIONS. Before Recorder Hackett. Larceny of Pacific Ruilway Bonds. George Qibert W. Thomas, who was charged with grand | seized both parties, one of whom held a portion of larceny, pleaded guilty to an attempt to commit that offence, under advice of his counsel, Mr. Howe, ‘The indictment charged that on the 12th of April the accused attempted to defrand Dabney, Morgan & Co., brokers, at 23 Exchange place, out of $62,000 | worth of Kansas Pacific Railroad bonds. It seems that on the day in question an order was sent lor these bonds by P. Thomas & Son, brokers, at No, 42 Exchange place, and that Jacoo H, Ritter, an empioyé of Vabuey, Morgan | & Co., handed the bonds to the prisoner, who | said he would return in a moment with @ check for the amount. He dia not, however, return with the check ‘or the bonds, but escaped through a back door of the office. Most of the bonds were recovered, and as tere was @ iegal doubt re- tue crhae of grand jarcea concluded to accept the fg which the accused, trough his couusel, offered. ‘The Recorder imposed tie iighest penulty the law allowed, which was two years aud 81X montis’ tmprisonment in the State Prison. ji » the prosecuting officer ANOTHER MURDER CASE. cide, Was on the calendar, but owing to the absence of iinportant witnesses the trial coulda not proceed, It waa set duwa for Wednesday next. BROOKLYN COURTS. SUPREME COURT—GENERAL TERM. A Contested Will—§70,000 Involved. Before Judges Barnard, Gilbert and Tappen. Thomas Regan vs. James Young and Others.— (but no children) and a brother and three sisters. Pie alieyation is that for several years prior to its greater part of his tle in the saloon of Ula vrother- in-law, Joseph ‘Youry, who is a party to this case. Qn the 29th of August, 1869, during an iliness, he made a wil, and on the bist he died, For some '§ prior to his death he was delirious, and it fa al- specting the ability of the prosecution establishing | was prevailed u @ prepared will and exe. Cute n deed in woury ‘or for a house valued at $9,000, ‘There were other peovences inserted in the Will, 80 that some $1\,! additional were be- thed to Toury. On the paré of Toury, it is uc Business in the Court of Oyer and Torminer— diaimed that the d-ceased, ten days before his death, told a Mir, Cann, andin the presence of other wit nesses, tha’ he Intended to provide for his brother in-law. ‘Decision reserved. ciry coun, Alleged Breach of Promise. Before Judge McCue. Annie 8, Morgan vs, Davia Lyme,—The plaintift in this case, whi>h bas been reported in the Hera.p, sues to recover $10,000 damage for alleged breacn of promise of marriage, The case was concluded yes- leroy, yee the jury rendered @ verdict in favor of pial THZ NORFOLK sTREEI HOMICIDE. of Conrad Ocstreicher—fhe Law with Regard to Manslanguier—Rovorder Hacketvs Pertinent Remarks ‘Uhereon—A Change in the Law to be Pressed in the Legislature The Prisoner Seutenced to Two Yeurs at Sing Sing with Hard Labor. Atth» opening of the Gourt of General Sessions yesterday, Recorder Guckett presiding, Morris Kehr, who pleaded guilty # few days since to manslaughter in the foarth degree, was broazht up for sentence. | He was tadicted for causing the death of Conrad Oestreicher on New Year's night, in an affray among street—the full pariiculars of which were given in the HERALD at the time of the trial. PROFFER OF TESTIMONY OF GOOD BEMAVIOR. Judge Staart intimated to the Court that he had character of the prisoner, but upon receiving an not alter tho judgment about to be pronounced he POR MANSLAUGHTER, Recorder Hackett, in passing sentence, said— Icacnot reconcile it to ray sense of duty, where a any circumstances, modify th» term of imprison- ment, or upon the ground that the man had te» the homicide bore a good A man may commit an atrocious murder, and yet have borne an unexceptionably good Cuaracccr betore that. Liutend to recommend Jt sees to me strange offences, such us embeszicment, feise pretences and such minor | ollvaces that Vae Court Nas it 1p its power to visit Lhe oender With Luprisogment im the State Prisoa for the term of five years, but where a party is con- victed of the fourth degree of muanslaugliter the ex- treme penalty 1s ouly two years, ‘Tuls scems to be an anomaly. And in view of the dally shooting and cutting allrays prevailing in this commuuity of late 1think it highly important that 1 cases ef man- | slaughter the law should be changed, making we penuities More severe, and giving discretion vo the Judge. Ithink that mansiaughter in the tiird de- gree should be punisbed by tmprisonment for not Jess theu ive nor more than twenty years, and that < THE CALLICOT CASE. Arguments on the Motion for a Writ of Habeas Corpus. Callicot Refuses to Accept the President’s Par- don—Was the Conviction an Illegal One—Mr. Justice Nelson’s Opinion Tampered With— Statements of Mr. William 0. Bartlett and District Attorney Tracy— Decision Reserved. United States Circuit Court. Before Judge Woodrat. At eleven o'clock yesterday morning, the case of Theophilus ©, Callicot, ex-Collector of tne Third district, who is now in the Aloany Venitentiary, came up on @ motion made by Mr. Wm, 0, Bartlett, | the prisoner’s counsel, for a writ of habeas corpus. There was quite a number of prominent lawyers in the court room, and the proceedings wore lisiened to with interest. District Attor ney Tracy appeared for the government and opposed the motion, j Mr. Bartlett introduced an afldavit of Mr. Cath- | cot, setting forth that he was ilegatly restrainel of | hts berty by the sentence of @ court which did not have jurisdiction when the sentence was imposed. The District Attorney introduced the tudictment and the minutes of the trial, when Mr. Bartlett ob- Jected to the latter as irrelevant. Me also objected to an entry of the sentence mace on the back of the indietment at a time subsequent to the day the sen- tence was imposed. Judge Woodruff decided that this must be heard like any ordinary motion. MR. BARTLETI’S ARGUMUNT. 4 Mr. Bartlett then commenced his argument in sap- port of the motion, and in opening discussed the law of habeas corpus briefly. His proposition was that the courts of the United States nad no common law Jurisdiction in criminal matters—no common law of- fences existed within the jurisdiction of the United States courts. The court in which Judge Woodruff presided had jurisdiction only over offences created by statute of the United States, while the statutes which created them existed. No court in this or any other county ever had jurisdiction of an offence which had been blotted out of existence. Counsel held that Mr. Callicot was held in prison under a sentence for an act which was not an offence at the time {it was charged in the indictment to have been committed, ‘This sentence, he said, was for @ vioiation of the forty-second section of the act of 1868, and the indictment itself showed precisely that it was fraud, the reports of the trial showed | even in detail that it was for conspiring to execute and conniving at the execution of @ certain bond known as the hand bond. And that bond, as set forth in the indictment, was a bond {or the removal of distilled spirits without payment of the tax thereon. He wished to call the the punishment for the fourth grade of homicide should not ve less than five nor wore than ten years. SENTENCE OF KEHR. These being my views I sentence Kehr to the fall penaity prescribed b/ law, naweiy, tmprisoament in the State Prison ior two yews at hard labor. THE SEVEN-THiRTY BOND CASE. William Brockway Discharged—Colonel Wood at Fault. The examination in the case of the United States vs. William Brockway, which has so long engaged the patient attention of Commissioner Osborn and the astute, interested and persistent prosecution of ex-chier detective Colonel Wood, resulied yesterday in the discharge of the defendant Brockway and the consequent vanishing mto thin air of the Colonel's anticipated reward ef $15,000, The case for the prosecution having closed on the previous day and counsel for the defendant having moved for the disiissal of the case on the ground that the statute of limitations had taken the case out mouon, DISCHARGED THE PRISONER, Commissioner Osborn held that the point raised by the Asaistant District Attorney, that.there was no Imitation to bar proceedings for forgery, was not well taken. Judge Cadwallader, nm tne Vonder smith case, in charging the jury, construed the act of 1790, and decided tant forgeries and other felonies in subsequent acts where the punishment is not capital came within the statute of limitation of two years, except those crimes specially excepted. The other point raised by the prosecution, that the prisoner within two years fed from justice—that 1a, fled from. New York to avoid punishment or arrest for an | offence alleged to haye been committed in the Norwern district of New York, where one Lowell claimed to be the complatnant—the Commissioner dec.ded that the evidence bearing on that poiut, and tie want of evidence that there was a warrant for or information loaged against the prisoner ny Magistrate, did not bring the case within the miewsing o- the iaw, aud he conid Hot Jeopardize this man’s libercy on such a Misy aud imaginary proposition of law and would not consider tue port further on that branch of the case. The Comunse sioner Said (hata 7 ent ivesiigution of the au- thorities and the statutes clearly couvimced him that the oience under investigation, having been commitied in Noveimber, 1 and wy iminal pro- ceeding having been instituted againss nim until about (en days ago, was undoubtediy barred by the statute of imitation and the prisoner was en- titied to his fieedom, and he there.ore ordered that he be discharged irom custody, Mr. Brockway was congratulated by a number of fricnds who have interested wncmselves in the pro- ceedings from the first to the lasf, and who were prepaced to testify to the question of his absence from bis home on most legitimate busiie: time that it was charged by Wood that such absence ‘was a fleeing from justice. And thes ihe great seven-thirty bond counterfeit case ended, 60 fur as the late Gefeadaut’s supposed convection with it was concerned. ATIEMPTED MURDER. A Midnight Shocting Affray in Drodklyn—A Woman In the Case. Just before one o’clock yesterday morning the sharp repert of a pistol, near where officer Faliaird, of the Second precinct, was patrolling his beat, aroused that guardian of the pub/ic peace from his dreamy reveries of future prosperity or ill lack to the realization of the fact that there was SOMETHING RADICALLY WRONG in that neighborhood. He looked up the street from gaslight descried two men struggling upon the steps of No, 99 Fulton street. Hastening to the place, he a revolver in his hand; but the men were so much excited that it was some time before he could learn ' the real situation of arfairs. He could seo, or was | led at once to the conciusion, that there had been AN ATLEMPT AT MUBDER, but he was unable to discover any blood. “Who 1s shot” said the oilicer, * “That man shot at me,” said one of the men, point- Ing to the other, who held the stock of the revolver in his hand, | They were taken to tne Second precinct station | house, at the corner of Jay and York streets, where | it transpired that the man who was shot at was Wil- liam Rix, who has good reason, as he asserts, to be JEALOUS OF HIS WIFE, | and the man who shot at him was Austin Nolan, a | tailor, whom Rix accuses of being his wife’s para- mour, ‘They have not weea living together for some time past. Rix says he calied at the house Ne. 99 Fulton street yesterday morning for the purpose of seeing his children, and his wife sent Nolan to the door. Seeing who it was Nolan pushed him back, drew his revolver and fired directly at his head. Rix struck his arm and = the The case of Michael Kearney, charged with homo. | This case comes up on an appeal from the deciston | wag yesterday very spirited by parties eager to of the Surrogate to set aside the will of Owen i Regan, who died on Augnst 31, 1869, The deceased | picture, “Tne Mountain Torrent,” was knocked left un estate worth about $70,000. He hada wife | gown to Mr. C. L. Frost for $1,010; Cropsey's “Greenwood Lake,’ to Mr. Stanton, for 400; Will- death he was a heavy drinker, and passed the } marth’s ball went whizzing by his head, the powder singty; nis hair. ‘Tie chambers of ihe ‘pistol then dropped | ont upon tie stoop. Rix over the head with the stock of the pistol Rix says the house which iis wife keeps 1s frequented by young girls of questionable character, aud he was anxious to remove his children. Both men were taken before Justice Walsi yesterday, when they | judgment. The contrary has veen expressly heid { 80102 engaged counsel, and the examination of the case was set down for to-day. SALE OF OIL PAINTINGS. At the second day’s sale of paintings, in the sales- room of Messrs. Johnston & Van Tassel, the bidding secure the gems of the collection, Faulkner’s fine “Peaches” brought $185; a marine, by tthe | whence the sound proceeded, and by the aid of the | Noian then, as alleged, struck | attention of the Court at this potnt to the terms of the torty-second section, by whica it appeareu that it was hot enough that any bond, permit, entry or ctier document shoul: be fraudulent to make # con- spiracy to execute the same or to connive at the execution of the same an offence; but it must be a bond or other document required by law or reguta- uons. Such a bond was at one tume required by law for the removal of spirits Irom the bonded ware- ; house of the distiliery—such as that of John Wilson, described in the indictment—but long belore the trial and convicuon of Callicot the only Jaw which required such a boud had been re- . @ act repealing that law was approved January 11, 1868, and Mr. Calicot was not tried and convicted until the following June. (Counsel here read th? act in question.) Now, he contended, It was perfectly clear that after the pas- sage of that act no bond, permit, entry or other pS Such as was requ red by law for the re- moval of di thereon, continued to be a boud, permit or other do- cument required by Jaw or by regulations. ie sub- mitted that this act of January 11, 1:68, repealed both sections alike. ‘Ine one provided that distilled spirits might be removed upon certain conditions without payment of the tax. und the other provided that no distilled spirits should be re. Moved from o bonded warehouse without ayment of the tax. They were absolutely j inconsistent with each other, and the former was, | therefore, repealed by the lacter. Counsel said that he argued it before him at Albany, wt the Ume or the application for a wr.t of habeas corpus there, r. Tracy asked if counsel reiied upon tmat de- cision of Justice Nelson? Mr. Bartlett—I do until it 1s overrnied. Mr. Tracy thereupon wffered to put that proceeding into the case. The apphcation which wa3 made to Justice Nelson was denied, Mr. Tracy asked Mr, Bartlett if he made any objecuon vo having that record put into the case, Mr. Bartiett could not conceive of any objection, and he was not aware that Mr. Ju ti ison bad been tabooed to any extent as an authority, Mr. Tracy—I offer to put in that record as a part a my answer to this motion, Js there any objec: tion * Mr. Bartlett, after some further discussion, as- serted that there was one aiteration in the original | Manuscript; whereupon Mr. ‘Tracy inquired if he proposed to make an aMiday.t to thst effect ? Mr. Bartlett—I propose to take Justice Nelson's amidavit upon that point, if the gentleman wishes it Mr. ‘fracy—I trust that counsel docs not mean to impute that I altered that opinion, (Sensition.) ir. Bartlett—Certainly not. Mr. Tracy said that he was ashamed to say that he | had never read the opinion, Mr, Bartlett repiled that, as he himself recollected, & period was changed to a comua, which might cause Some change in the force of (he op.nion, He had told the Judge that he wouid eal! his attenion to 1t whenever his Honor was on ihe bench here, Mr. Tracy—It seems to me that these insinua- ons— instnuatit had beea made. Jadge Woodruff then put an end to the discussion which promised to be an exciting one, by rem: that If there was no objection the record would be riett, continuing his argu: be borne in mind that this , Which Judge Nelson had said was repu ried without a saving se, Was the oaly act under which @ transportation boud Lke the hand poad was a bond required by law or regulations, and after the repeal of that act su ond was NO longer | required by law, ani tne on of suca a bond, or procuring its execution even if fraudulent, no longer an offence under the forty-sccoud sec: The repeal, he held, extinguished any prosecution for such an offence. Mr. Caljicot was an ortticer ap- | pointed to act under a reveuus law of the united | States, He was described tn every count of the indict- ment as Co lector of Iu.ernal Revenue, aud upon bts trial the law of coospit.cy under which he tad been {ndicted, so far a3 revenue ofticera were conceradl, had been repealed and changed by stil another statute without any saving clause as Lo past o:fences | Only one connt charged couspiracy to defraud, and the others were intended to ch | commit an offence, and been repealed. The pec © otfenc> created by the section of conspiracy to defraud was repeated w! out a saving clause, so far as concerned rovenue officers, by the act of March #1, 1866, prior to th trial ana conviction of Callicot. Judge “Neison de- cided that his argument was sound us to the eifect of this repeal of the statute he frst argued. Ualli- cot was never tried on anything but this hand bond, which Judge Neison’s charge would show. DISTRICT ATTORNEY TRACY'S ARGUMENT, Mr. Tracy replied to Mr. Bartlett. Hé said that he had been listening to learn under what statute the counsel clatmed the authority of the Court to issue a writ of haveas corpus for the discharge of a prisoner held in pursuance of a final judgment of a court of competent jurisdiction, There are four difierent statutes on the subject of habeas corpus—that of 1787, one of 1983, one in 1342, end one in 18h. It having been repeatedly held that @ writ of hapeas | corpus would not issue for the dischwrge of a pris oner held under final judgment of a court ent, stared that ction of ths act | ee in the Untied States courts, 1 jad inferred that such authority for this new and novel ronnie would he sought under the act of 1867, the last act on ubis subject. But inasmuch as the counsel bas not referred. the Court or myself to } @ny act under which he c.aims tits writ should issue, LsupposeI snall be under the necessity of attempting to show that it does not exist under any of them. The act of 1867 dues not en arge the pow- ers of the federal courts to issue a writ of habeas corpus in cases where a party ts confined under the Judginent of a federal court, or is held under aud in pursuance of the authority of the federal courts at all, The act of 1867 was to extend the right of | the writ to persons heid under state autnority, Under no previous statute has i ever been | heid that the writ of habeas corpus could issue | for the discharge of persons neid unier nnal | (ex parte Watkins 3, Peters 192), ‘Vue judgment of a | conrt of competent jurisdiction is never a nullity, If it had authority to hear and determine ths quesiion its decision is final and the end of the Jaw in that subject. Itdetermines that ino cause of imprison- ment is suticieat, If the Circult Vourt of the United States had authority to try Mr. Calitest, and if it determined that he was liable to Imprisoament for the violation of a statute of the United states, tt 13 an end of the iaw and of all inquiry, and (nere is no authority in power anywiere or any trivunal to re- | View that decision and bring it fato ques- Von, It cannot be reviewed by a writ of habous corpus; otherwise thee is an end of the law. If you may ‘review or seek to review tne pro- ceedings after sentence has been provounced Ww. I. Richards, $140; Faulkner's ‘*Loch Lomond,’’ ictures were soll at comparatively fair prices. Bn the whole the sale was one of the most success: veatAula UAL WILLE JO tijy ALAIG he J fa) Of the reason, the ital amounting 19 Over $000. $75; a landscape by 8S, RK. Gifford, $167; a iand- scape by J. M. Hart, $305, and booed or seventy otber | cite any authority for this extrardivary pri Ny by @ writ of habeas corpus district attorneys will nave nothing else todo. Counsel has nin to seedling, My next point 1s the fact of the pardon of Mr. Calli- ‘This application 1s addressed to the discretion cot. Of she Court: 7% Je Jounded istilled spirits, without payment of tax | this point was decided by Mr. Justice Neisou, whea | th Mr. Bartlett, hastily interrupting, denied that any e conspiracy to | hat offence, m tact, had | ; Of competent jurisdiction, aud that being, jas I understand it, the universal rule of the courts and the settled practice | in last, that ho was uni strained of Sones a J made for the writ the tea bean mo for which he was sentenced expires, and he remains contined under that par: of tie’ smn-enee which orders him to stand committed until the tre of ten thou‘and dollars 1s paid, On proof made to the Executive of his mapility to Pay Unat flue the Presi< dent remits the tine, ‘The pardo. has been Te- ceived, arfd there is ‘no evidence nere be 7 He Callicot 18 restrainea bert) 48 Dot restrained un'eas by? hts toonaeer Sounset up be saya the pardon does ‘not 1 Tect it 18 accepted, as the condinnna® may Jess preferable than the original punishment. But this lon 18 DO. condi tonal, but absolute, and ite edlect is to throw open ths doors of tie Peuttentiary and bid him wak forth if he wil, What greate! power or potency is thers to your Monor's order or Dabeas corpus than there 1s to 108 President's par- don. ‘The must of tue counsei’s argument wae. 'g al Te is show not his client’s 1nocence, but ‘hat tie uuder which he was couvicted Dut been repealed, 80 far as he was concerned. My answer 13 that the forty-second secitun of this stavate is n repeaied by the uct of July 11, sos. 1'no edlect of the act of July 1i, 1563, was to declare that certain | Uungs which had beea permitied with refer- ence to trauspurting spirits etn boads should no longer be permited; bai it did not repeal the act and deciare that the statute of 1367 never existed, and that a Vivlation of ic could not be punished, ‘The jaw is in foil jorce, aud it ts enough: | to show that a Lond executed uuiee the provisions of that section 13 a false and frauiuleot bond at the | Ume tt was nade. 'The object aud purpose of the act of 1806 Was uot the repeat of ail Prior laws exist Ing On the s.b.ect. ‘he bond under waich he was , Indicted was made be ure tis pasar? OF Lue acts Le. Was a bond required by Luv, ani ul not fraudulent would have been legal. and bindiag. it operated ; de raud the government ot of the tax. But Callicot was not indicted for guyth , but the celine of cons)iracy with an overt act | wader the thirtieth sect ou of tne act of 1967, anc not for execnuag @ frauduleut bond, ‘That Statute 13 still in force. ‘Lhe overt act is an inciden’ of the erime. He was ind’cted for a conspiracy ) commit a itaud upon tue United staves, and ‘waa convicted under thu-@counts as weli as uuder the first count. It moreover dees not appear that Calll- cot wus subject to iadicuinen. under the act of March 31, 188%, for altnuagh ne is descr.bed as @ reveaue Oillcer for the were par, ef describin, his agency in the offence, yet it is nowuere chi that he was a reveuue oillcer appomted and act ; Under the authority of tac Kevenue law. '* Jadge Woodruif took the papers and reserved hig decision. Mr. Bartlett anuouaced that alr, Callicoy had reiused to accept bls pardon, BROOKLYN’s Bui HER, Too Much Taxation—The Work of Retrenche ment iioing On. The Brooklyn property owners are looking fors wara to the happy days when the rate of taxation | upon their property will be lessened suficiently to | glve them an opportunity of makiug a jarger per- | centage upon tueir investments lu real estate, and | tho work of retrenchment in several of the clty dex | partments is certarly sufficient to raise their expec | tations for a better state of affairs. It is unnecessary to say that Brooklyn was gain~+ ing the reputation of being on: of the MOST TAX-RIDDEN CITIES in the Union, and it became absolutely necessary for the authorities to take tbe matter in hand, Brooklyn cannot be made a Garden of Eden im one year, and the Mayor, who keeps @ pretty clos@ waten on the expenditures, says they must “Go SLoW,” for the city treasury 13 u0t an unfathomable mine, nor are the citizens ail miiliounaires. ‘The principal retreacuments have been made in the Waier aud Sewerage Bord, wo valy recently discharged 200 of iteir employes. Yesterday they: adopted the following reso.uuons:— Resolved, That on and atter the first day of Janu: the ollice of Hydrant ins,ector in ihe Warer Pees. partment be aod the same is hereby au lished, and thore j Persons now perforuins tuat duty be aouded that their Services will not be requires after that date. Adopted, Resoived, That app.icuuion be made ty iue Legisature that the law governing tals departuseut auali be 50 amended as to aboilsi tue ouice Of Register of Wailer Kates, and that the collec:ion of the water revenue 0: house: and vacant lote be hereatter coliectes in tue ollee Of tie Luliector of Laxes, } lopted, Resolved, That the repairs of and charge of the water pipe Aped district in tue city be hereaiter p ased under the z control of the engineer of tho Joard, ani that we charge of | fhe pipe latd, aud ail its mat luborers wud employes, bo } tarned over to sald eng ‘thas tor id engineer be directed to repor: to tuls ssoard such iaborers, employes and material as in bis opinion are absviutey necessary .o the | ecouomical adminiswation of that brauch of his departument, dopted. ‘kesvlved, Thot the inspection of water coauections, hers- fofore made by the Liyrant inspector» shall oa and altos | January 1, 1871, devolve upon and ve made vy laspectora.o| wewer connections, aad tue Permit Vier< is Leveoy di eI to give nolice dally of all wator peruits issued by Bim to said Sewer [nspeciors, wao B: va compie.jon of the work | Teport the same to tke’ Permit Cierk for recur. Adopted. | “Wvlsrens there are «large nnmver ot peutious becore this Board for the repavias 0. mrev:a ut tls tisi Usagled Upon, therefore | Kesuived, That this Goard hereby decide to take no fur- | ther action in regard to repaving oF sirecis, thor than those a@ ready ordered, W.1:1i such Ume as the weatuer next year will perait, Adopted, THE “:ROG’ LILIGATION. Reply of tho Morris and Essex~The Erle Stould Have Interfered Beiore—A Squatter Sovereignty Claim—Erlie Jealous 0: a Pows erful Rival. Aiter the opening of the court tn Trenton yester- day morning Mr. Vanatia opened his argument om behalf of the Delaware and Lackawanna Railroad ; Company. He said that by virtue of an agreement between the Long Dock Company and the Morris and Essex,the later SHOULD HAV® A GREATER WIDTH | of way on either side of the tunnel, suidicient for twe | tracks, It should be borne in miud tat thé Long | Dock Company could only granv the jaad, and their grant was limited to tueir territory. it would be | Seen that they granted the Hoboken Land Improve- | ment Company arnghiof way for u double tracks | butinasmuch as the railway was intended to ex« } tend beyond the territory of the Long bovk Compa. | ny tie lund Was granted In order tiat connection might be made with the road on either side. ‘The iceable leaiure was that iuere was uo huitation ex of Toads they should connect with. unless their owa aiscretlon ‘The Lanuei was no wore tha | A VERRY ON LAND, | and the more people brouglt through it the better | for the iferest, iue people have an idea that after they have borrowed money al they have to pay ia return 1a { “dead horse.” They borrowed $116,000 from bis 1 clients, spent and iorsot to pay tt back again; aud | he could ouly say oi the gizantic compauy he wag | 0, posing tat tieir auticipatious of tue tuture werg } bright aud their ignoiiugs vi ihe past great. Their hope Was strong, thelr memory bad aud their ade herence to contracts worse, tents had we laad by virtne of a deed with } | His the Long Dock Company to the Morris and Essex Kailre: Company, dated Noveulver 23, 1869, and | by an ‘eetment Of 1309. They wad 1t alsv la poss | session. Jay Gould’s affidavit 1s as slient as the grave a3 ta the charge of fraud. ‘'ucy went to Mr. Goud and | Said they wanted to buy iand to coanect the Booa~ ton brauch with the mam ine. Mr. Gould seat an employ. of tue Erle te look at the lund, and after< wards azrecd to sell 1b at 33,000 per acre. It was Kaoown that Mr. Brisbane wanted to connect the roads there. What did tiey think Mr. Brisbane {| Wanted of the land there? Did they think he weuld; | bay $4,000 per acre lor i LAND TO RAISE SQUASH? No! When Jay Gould took tie money, if he knew | the constructiun tuat would be putcn the deed he ; Must have kKuuwo he wus cheating them. The money weat w the New York and Erie Railroad Company; they heid it in their excaequer and now SOvgut to Festraiu those who had paia the moncy frou enjoying rigats, ‘Take tie cost of*the tunnel at $1,000,000; the coal And passengérs tat passed through the tunnel by the tines the trie Opposed anounced by the taruY vo $102,5u0—ten per cent on the original cost~—uad in {| the meantime the Erie hic the tunnel free of cost. ; Zhe tunnel would pay en per cent, according to | the agreement of the U, leaving turee per cout for | a sinking fund, which Would in time clear of the debt; aud it must be apparent that the tunnel wa the finest piece of property ou the Contuueut of Ames Tica. ‘the Erie knew of tt white the grading was going on; they had taken the money; they saw the expen diture of muney; Saw thut le Moris and Kssex Company believed (ney had the right builds a house on a ce Of land to which he sup- | poses he had @ right aud atommer witnesses the pro- | gress he is making and does not apprise bim that | he has no right to the Jand, but wants until the builder has moved his furniture and wife aud chil- dren into the house Delors he goes to the Court to ask lor an injuncuion, the Court will not gran’ | it to him, because he dii not speax when he had the right todo so, Just suis tt with the Erie Railroad’ | Company. Tiey saw us at work: tuey saw Us pros | G.ed inthe belief we had the rigit, aud when we Were ready for business they came to court and asked to restrain us froin being Were atall. Afver ARS HAD BEEN SPENT TWO BILLION 1) the Brie was afrald Mortis and Essex was to be avcuinpeting 2 to Paterson, and self. prompted the rte to place ail possible 4 in the way. ix-Ohanceilor Wiiliamson followed, but before he | had conciuded his argument the court adjourned til i tus morning. | inte: THE SPEC AL CENSUS. Tae Work Actually Becun—Swenring in Ade dittonal Deputies. Yesterday the oiice of Marshal Sharpe was bee sieged by a large number of applicants for the position of special deputies to take the special enumeration of the city. About ivy were sworn in and received their mstructions as Ww the masuer of record.ng tho names. Que district—the Niueteenth, vi the sieventi ward—has aready beem compiciod, and the depuiy, Kichara Waidoek, fads the population to be 255, “There ave still about for j deputies to be appointed, and the enuwerawon W! ROA Bp wllday iy made | be vroceeded with at once.