The New York Herald Newspaper, January 24, 1871, Page 8

AN IXION WHEEL, Another Back and Forward Rotatery Movement in the Jim Fisk, Jr. and Albany and Sus quohaana Railroad Suit—Still Wraa- gling Over (he Place of ‘rial. The James Pick, Jr, suit against the Albany and Susquehanna Railroad Company, whose progressive Movements are evidently governed by the cowbined Infuences of centrifugal and centripetal motion— ov, in other words, go in a circle, with no show or prospect of an end—underwent yesterday ‘a slight rotatory process before Judge Brady, of the Su- preme Court, This partial rotatory process was ealied out by & motion to correct the recital m an order entered on the 20th of December as to the place of rial, Mr, Fisk wants the caso ‘TO BY TRIED IN THIS CITY, ‘The other side want it tried in Albany, and an Objece Won being made on behalf of Mr. Visk to the latter place he was allowed to select Renssolaer coanty, so tat the trial might be had at Troy. For the pur- pose of appealing from the order Rensselaer county Was chosen. This appeal was immediately made— that Is to say, on tne 15th of December— avd a stay till the 19th obtained, with an order to show cause on that day why the stay should not be continued till the hearmg of the appeal. It 1s unne- ceasary to give m Getali all the preitm inary facts, The prevent motion is to correct tue recital of the order setting forth an election of Rensselaer county by the platntiff, on the ground that it does not set forth the facts correctly, Mr, David Dadiey Field, the plaintifs counsel, in urging the granting of the motion, did net launch out into one of fis usual léngthy and euengetls spece! but read his prin points—a brevity Meaning neue the less business, but business doiled dowd to Its minimum quintessence, WIS FIRST POINT was that the order did not correctly state the de- cision, AS’ annonnced inthe mmotes, the order was, (iat “lhe change will be tothe county of Al- bany, naleas the plaint® proposes that it should be fo Rensselaer County,” whereas the opposing coun. fel made the recital, “untess the papas counsel) shail elect that it be chan-e the county or Renseclaer.”” He insisted that they. only siguiied their preference of the county of Rensselaer to the county of Albany. % 1S SROOND POINT was that this misrecital should be corrected, as it attrivuted to him a consent he did not give. HiS THIRD POINT ‘Was that the question was one not of punctilio, but Ol rignt, as the order, as it stood, made it appear that be, a5 plaints counsel, had voluntarily made an clection of Rensselaer county ont of all the -counties of the State, whereas nothing was further from their mvenuon. THE FOURTH POINT takes up the two rules made in January, 1870, to preveat the cashing of orders, and i1om this showIng hat wie present moilon comes properly before the Judge making the order, and tiat ihe same 1s not to change the order in respect to the decision or act of the Jadge, but in ity recital of certain facts, MIS ¥iFTH POINT he combats the notion that only one party has the Tignt to draw up an order, dud contends that it 13 not the property of one, bat of both, and that each has the right to lig entry. WIS SIXTH POINT Was that the argument to show cause against this Motion has been vacated at A!bany has no force, a3 being mace without jurisdiction and that the case remains here till tie decision upon the appeal from the order to change the place of trial. PRE CONCLUDING POINT was that the recital would be corrected In the report mentioned in the notice as haying beeu incorrectly made under an evident misiakxe, Supporting the p ints Were, of course, cltatlons Of abandant authori OPPOSING COUNSEL. Mr, Tracy, for the deteadants, in resisting the mo- tion, began with reading affidavits of himself and mr. Pearson, his partaer, to show that since the order ta show cause in this case an order had been made by Judge Larned, of Albany, Vacating the present order to show cause, He said that ibe order to show cause which was obtained at Chambers, held by Judge Barnard why the recilal in Judge Brady's order shail not be continued Was perfectly proper, and he had no objection to it What he objected to Was becanse ef the order which continaed the stay of proceed- ings, aud h: claimed, also, that the recital in tae order ought to show cause why the county of Rensselaer was taken stead of Albany. IN REPLY Mr. Field replied that he opposing sel that objection to Judge Barnard’s order to show e, pecause he (Mr. Tracy) had at Albany asserted tet this was an eet of contumacy; bat how there was Tesily no WdbFer- ence between them, except In respect to the terms Of rectal. In respect to this he (Mt tended that the re upon and no more: t Albany, but did not make any ton of Renssciaer county over all other Counties of ine State, and that there was 0 difference between th: ‘The Judge too! ad to hear from the ) con. sisted Three New York M Locked Up in the NEW YORK HERALD, ft VOICE OF THE PEOPLE, How Wil Tile Do to Solve Repld Transit? New York, Jau, 23, 1871, To THR Eprror OF THE HERALD:— Tcan suggest a partial remedy that can be made by the Third and Eighth Avenue Railroad Companies to factiftete travel on their roads, If they will in- ¢rease Uke speed to double what they now ran they can take passengers from the City Hall to Barlem in half the time they now do. This can be made prac tcable by having the cars stop only at certain streeia—say every stopping piace to be 1,000 feet | Spark, And people would know then when and wheye | to get on and off the cars and be prepared S09 to do, thus consaming less time. The horses, tf well tazon care Of aud relreved with fresh ones at (he two ends Peri yese or the rays every trip, Will wot be in- A yy increase of speed, ‘The M represented vy © few, might growl at fret, uso every oar did nos stop at bis or her door, but Lam of the optnton that the geueral pub- lie Woult approve of the change, If we have an ele- vated or underground rativoad there will hav be stations for taking in and lotiing out passengers, thon why hot have stations now with or on the roads we have and save half of the time now used? Carte men, truckmen and all drivers of vehicles can take @ Lille wore troable without cost to themselves t@ koap more oF the pasecea (oses when they know that the oars pass along lively, es There are tanuy teises hat will be obviated b; stopping at particular places or stations on the rou 3 The driver Will not be annoyed by the paling of bell every hundred teet; be will not have to 8 when he bears the halioo of one urchin to another he will not have to stop for the conductor to Answer Some old ondmmggin from Sacarappa as to where the Tailread goos to; lle will not have to stop, a8 he does now, by delug inisted because he sees a nice young lady stand on the carbstone and nod to her sweet heart on the oppostie side et the street; he will not have to stop because he sees a man, Woman and four small cuihiven two blocks off running towards the five sue; he Wil not have to stop tor the prim, pre- cise oll matd that stan on the corner and waits for the car stop before she Suirs, and don’t want the car to stir be- tore she stops, In fact, the driver and gondnetor Will be id of a numper of netty annoy- Anecs that delay the cars and divert their atten- tion. The driver can attend to his horses and leas people will be run over, as he can see persons before ho runs over them, and wiil not be obliged ever to say, a8 adriver did at aninavest held on a child tied by Acar running over him, “that his atten- tion was directed to getting passengera."” The con- dnetor can attend to (be passengers and collest all the fares, as now it Is an aimost daily occurrence With many that on a crowded car they are not asked for thelr fave, Lot us have rapid transit on the raus now latd. t this experiment be tried and {think the public and railroad companies will be bencfited in many ways. Yours, truly, JAMES CARTER. . Aunexation and Quick Trauslt. New York, Jan, 21, 1871. To THE Eprror or Tas Reraip:— Tho question of annexing a portion of Westcheater counts to New York city, as well as that of “quick transit’ up and down town has recently excited to consiierabie interest. For New York it ts the qnes- uon upon which depends much of {ts future pros- Pertiy. ‘The writer has recently canvassed the views of a large number of the intelligent Inhabitants of Morrisanla and West Farms on the “annexation” question, and the sentiment is all but universal in favor of immediate annexation. A few prominent poluticians at Fordnam have a dtsinterested (?) desire to promote the interests of the people of Morrisania and West Farms by incorporating these townships mtd a separate city. This the people oppose en masse. The pollce, Croton water, courts, &c., already exist in. New York, and_ the people prefet having a New, York city government, Wit uniformity in laying Out streets and proper protect.on such as exists under the city police regu- ations. We Want modern improvements and the natural extension of the city upwards (not towards New Jersey), and are willing to pay our share of the expense. We be leve that ior Mor:isania and West Farms the taxes will be less than are now patdin Westchester county, who receive none of the advan- tages derived by New Yorkers from the taxes and assessments Which cuhance the value of property in. New York, but have no corresponding advantages in healer county, Lotwithstanding the in reased i taxation. ‘ihis is the public sentiment, as coud conclasively illustrated if a vote of the peo- ple were (aken on this subject. In regard to the boundary of the part of Westches. ter county to be angexed, Jet a line be drawn from Spuyten Dulvel creck to the Bronx river, and ran tuis tine along (his natural boundary to the Sound, and thus, for the preseut, wili be enough to apnex, Jn regard to quick transit Why not run a two-tler elevated raliroud on masonry, over the tracks of the Third Avenue Railroad? The mght of way would cost nothing, it wouid not disturd the public conve- pienve, therewvould ne no excavations, the crossings could be arched, suitable staircases for ascending and descending could be arranged at suitabie distances without distirbing the present local travel of tne ‘Third Avenue Railroad. The eame may be satd In reward to thé Eighth avenue. The streets are wide, he whole problem of quick transit could be 4 in leas than twelve months and the prosperity of New York assured in the future, What 18 the objection to tnis plan? Is it not cheap, simple and expeditious? Please commend Wings Coumy Jail. Yesterday afternoon William £. Brockway, who keeps a brewery im Ne York; John Finne- gan and Alexander Hock were taken be fore Justice Walsh to answ a complaint made against them by SheruY Waiter. The accused were arrested by detectives Folk and Quinn upon a warrant issued by Justice Waish, in which the; sea with having couspired together, ai: ad fonu Finnegan aud Alex- ander Hock nthe sum of 1,5 wh mn lanas; and did thereby induc S the Balu Shertif to ace 3 cept ‘them as pon a bond of in- demuity. Some ti W iiltam Brockway brought an action 2 Brooklyn City Court to re- cover thi irom Thomas MeGovern, a Nquor ae judgment, and make the jevy on the property under the execu- tion of the Court. The Sherif subseqnenuy learned stock im the store did not bei 2, @ud 80 hiforn Brocaway, ‘The Jat *, told him to make the selzvre y him. got Finne- jor him for the goods sold; ihe rightfal. owner tie and obtatned judgmeut, at nerul locked up Brockway's bondsmen, and discovered, a3 alieg tat teey Were not worth a cou, He then them a rested, 3 nd being unable to Torn, County Jail. at down to the i ngs THE PoYNSYLVANIA COAL TRADZ. 1From the F The ant de'!phia Ledger, Jan. 23.) continues in much the of our in i enerai throug KY an thoug 4 is quoied du , beueving that at the the Pp pal coal centres the lust fortuigh at Rich: oy it has iner ) tol reports furnished weekly ton that the Reading down 44,114 tons, and 1 the Jet of De- ceml HM tons bo cor. respon é of 124,228 tons. The Leigh \ ge for the Week 10 the 14th inst. € ad stince De- cember 1 oS { “49,605 toms In corre. sponding tt The Lehigh Co: Jor the week ana for t tons, 4 une le 21400 Loys. Coal Comphny 20,446 tons Teise Of 45,031 tons, a Company reports h gains’ und fo yonding we araliist ponding time ne Delaw § for the week ot 586 tons, against 2 Jug time last year—a decr Shamokin Division of the ) road reports for tie week 8,657 Tor the to same time total pro production tons, of cre, 3, mnous—showinpg an acgregate se of 151,998 tons. No shipments nave be ie from Port Richmond during the p prices eastward warrant Jo i 5 Of Treigit demanded. do ihe n ding for those ports the ni sLock of nt to last Until the sy ou, The tur es on the ine of nior: likely to sader, and 80) em pe’ Jarger sizes of coal bas arisen, adv. nthe rate fiity to sey five ceu ices at Port Carbon Lamp, br $2 75 a $3; e; £3 2; Pho slupments “ om Port Rickmond were 1 407 tons ta the ye against 2,378,073 tons in 1869, a de ir is7 f ue entire ay tow s not yet been port of su tron has been y js hundreds of thousnnds of tons 2 One carrying company points to short eguat ol hall a inion of bons Jo a sagle instance, of the | ro. | vaca, cuitiv thes# views, if aon aporore of them, to the carnest attention of the slature. see! PRO BONO PUBLICO. A Mist for the Pelitical Fenian Hunters= Unostentations Kindness Suggested. To THE Evirox OF TAE HRRALD Ali honor should be awarded to the brave O’Dozovan Rossa and his fellow extles for re- fusing to be made tools of for political purposes by either the Tammanyites or the Grantites, who are alike euchered in their efforts to make capi al out of the suiferings cndered by raid exiles when in jal tor their aevotion to the canse of Irish liberty, When the excitement of the present hour will have passed away those gentlemen will be pleased in the consciousness of having maintained their honor and self-respect, which might be tar- nished if Lrougiit into c.ose contact with the design- iy of either stipe who rushed so furiousiy down the bay to board the Cuba, with well stadied Speeches tu thew pockets, which they are at liberty tu read now 19 honored privacy. Seriously, If those gentiemauly politicians mean todo the falr tiing in @ bustaess way, without pa- geanity or Duncombe, let them, without delay, dis- tribute such funds as they may have collected to liberated prisoners a3 have arrived or eaiter, 1u a quiet, unostentatious it prong their sincerity (if they have ror Words are but wind; Actions tell tie mind, respectfully, _ oC on is made to the above to the credit his of St. Patrick, whose conduct 13 of imitauion by all the true iriends of the noble exiles. and State Juris iction in —Blat hierd aud McCsan. NEW York, Jan. 23, 137L. ALD? — under the above caption, t the question at issue Is a inilitary one ? and, secondly, “that th Judicial Interference eman only from one branch of the State courts, and that the oath of a minor should be conclustve on him whea he enlisted as a suldier.’’ To the first assertion I begto reply that the issuance of a writ of habeas corpus to Fort Colum- bus, 10 produce the body of a soldier sileged to pe Mlegally enlisted, was never disputed nor cannot be “Pederat the Court To THe Epitor or 7 Your editor states as fac ed, as the right of all civil and firinly and uneanivoealiy held by the state on the ¢ ion of the Istahd to the United State dt was so cetied, subject wo the outmorty of the civil and ‘cermin of the tete, jerever to th Lr ted, anything in th i r to the United States, noiwitlistunding. So i soue 4 military one entirely, I tts cured the discharge of mine @ soldiers srom Governor's Ish corpus in Cs pro- at itegaily entisted one brauce of t may fancy easily fi TO son, aged from fiileen to ninecee *, we will | suppose, suddenly eulisting ti of some supposed affrout at hom vutnfnt on; or love alfair In which som ude 18 mn. up. In such cases tie young wile uuler tuo iniluences mentioned, happens to fai in .with the recruiting sergeant, and el “by tempting om and = that ¢ praises of Uncle Sam's wil the fatal calistme: iy-one years old, without even Knowing wugi he is about (betug | drunk), or, atleast, wituout reading the document to whic 1 an ed to Uneie unt He fiads out isiand, covered with ond left to repent at leizure, enough how he has been writes to i reut, asking pardo: piedging ine life iias once out of the ase he will mever ca one moment's Pan tor ar father and « mot and heir. ‘Ths imag ssume, settle the ques tin his miaor boy ¥ blonde t, as y tho mit. heroes | ne Of horrida es and manne ¥ {ne xistin? between th nl} con army and ty iu ne c rea e, and ude As My Ue THE VAN EETEN FORGERY CASE, ae History ef an Accomplizhed Wall Ntroet Broker~His Bxploits in New Yorks Californian, Havana and New Orleans: {From the New Orleaus Pleayune, Jan, 19) The arrest of Van Keven, alias Living-ton, alias Philips, alias Van ‘Tassel and several other names, on Tuesday ast, atthe St. Charies Hotel, by Super- intendent Badger, did not create much exmtement or neusual comment, even in poticg circles, & There were vague ramors of Jorgeries conmitted by the prisoner, and a story came by telegrapn from Havana that the 496i had stolen a large number of diamonds in that city, most of which were re- covered by the authorities in Havana before the accused could escape on board the steamship Cuba, on which vessel he had taken passage, Nothing, however, appeared to be definitely known, The accused Was arrested upon the aiidayis of Colonel A. B. Small, Superintendent of the Southern Express and agent of Messrs. Wells, Fargo & Co., of New York, charging him with embezzitag some $77,000 on a forged check. ‘the counsel for accused on Saturday last obtained awrlt of habeas corpus before Jud Leaumont, which Was made absolute, and his discharge was ordered, Whereupon one Fitzpatrick, counected with th@ United States Internal Revenue Depart- ment, mace an afiidavit before United States Com- miseioner Welier, charging Van Beten with havin: forged and uttered internal revenue stamps. 0 forged cheeks, In the city of New York, during Sep- tember last, ‘The accused was then taken in custody by tho United States Marshal and confined in the Parish Prison, He was to have appeared belore United States Commissioner Weller yesterday, to answer to the charge, but the counsel for the defence obtained from Judge Durell, of tho United states Cirentt Court, a writ of habeas corpus, and at eleven o'clock A. M. the prisoner appeared In court. In the mean- time, however, the Woman who was wiih Van Eeien At the time of his arrest ad managed to excite con- siderabie sympathy a:nong the ladies, who fancied the susplotons which had been aroused against her Were unjust, and that she wasa much injured per- son, It appears, hoWever, that the woman ts not Van Eeten’s wife at ail, but has as many aliases ag Dimeelf, and it 15 even Charged that she was engaged with the prisoner in swindling the Bank of Caniorala ‘out of $10,000, In the search of the room of the parties at the hotel some $5,000 or $6,000 worth of chamonds, three durgensen watches and other jewelry were found among their erfects, which were at once attached by the Sheriil for Messrs. Wells, Fargo & Co., of New York, Messrs. Leovy & Monroe appeared for the prosecu- tion and A, A, Atocha aud T. 8, McKay for the de- fence, Among the spectators m the court room were quite a number of detective officers, Who seemed to regard with furtive glances the prisoner, who, sit- Ung tn one of the Jury chairs, seemed a perfectiy un- concerned iooker On. He 1s a deciiedty good looking man, rather below the medium height, stont, with a fair complexion, swall, regular features, light gray eyes, light brown hair, worn rather short, aid blonde side whiskers, His appearance 1s that of an educated and cuiti- vated man, and we learn he 13 a scientific chemist, beingable to remove from paper, by chemicals, any ink marks without disturbing the gioss of the aper. le wears a large, black overbuat, buttoned p close, With dark pants, black beaver hat, and by his side Was a well filied wallet, which apparently contained bis effects. 3 * On the case being callod Mr. Beckwith, Disirict Attorney, read the commitment of Commissioner Weher, and announced that te United States dtr. continued the case, whereupon Judge Durell ordered the release of the prisoner. Instanuy around the door of the ceurtroom ap- peared a swarm of detectives, ready to arrest him Upon other affidavits, and an oillcer with a requist- tion from the Governor of New York was also in waiting, When the prisoner left the court room he was at once arrested by an oilicer, who produced a requl- sition from the Governor of New York, Mr, Dal- shiemer then produced a writ of habeas corpus trom the Fifth District Court, Judge Leaumont, bat the officer declined toobey the same, as it was not properly served, Tuen ensued one of the most interesting scencs witnessed im the whole history of criminal arrests. the New York officer, Sampson, In company with Deputy United States Marshai Fitzpatrick and De- tective Cain, of the metropolitan pohce, hurrying the prisoner down stairs and mto a carriage, to which were attached two sast horses, hired ex- pressiy for the occasion, drove off at fuil speed. Mr. Daisheimer, one of the counsel for defence, and two friends jumped into a cab they had in waiting, and dasned afier the carriage, ‘The chase was an exciting one, and the excitement was locreased by the fact that the carriage being ahead had to ciear the way of obstructing vehicles, so that, shough the cab was slower, it managed to hang on wondertuliy for along distance. The route selected for the race was down town, and as the carriage and cab dashed over the stones ata rating pace the people ran to the deors and windows aua gaged alter them in astonishinent. Finally the metal of the carriage horses began te tell dreadfully on the sturdy but overloaded cab animal, and as more quicé streets were gamed the pursued gradually drew ahead of the pursuers and in time lost them altogether, Sampson's ordérs, i 18 believed, were to take the prisoner at once to point above Kennerville, and there await tho eventng irain on the Jackson RaiW road; but afler winding about for some time in the rear of the city detective Cain conciuded (though upon what ground it is dificult to sev) that it would be dangerons to drive up the road toward Kenner- vile, and so the party halted @ littie after two o’cloeK at the corner of Rampart and Julla street After quite a lengthy consuitation it was dete mined to proceed to Kerner by the river, and the pariy drove down to the levee and cmbarked on a steaintug for that destination, In the meantime the counsel for defence had pro- cured from the United States Court, Judge Dureil, another writ of habeas corpus, and as it was strongly suspected that the accused had pene up the Jackson Kailroad, Deputy Marshal Reid and one other deputy left on the five o’clock train, in hope of being able to serve tho writ beiore the prisoner was beyond the limits of ihe State, As Marshal Reid was oniv empowered to serve the writ. and could make 0 arrest under it, the proba- bility ts Mr. Sampson proceeded on his journey with his prisoner, even If the writ was ser WHO MR. AND MRS. VAN EETEN ARE. Louis M. Van Eeien is said to have been a broker in the city of New York about two years since, put not succeeding Weli in legitimate busines deter- mined to tive upon his Wits, Which, a3 subsequent eveuts have proven, are exceedingly sha He Is a Belgian by birth aud has been in America some elciteen or nineteen years. ‘Alter forgiug a check on Messrs, Fisk & Hateh, of New York, for $7,009, in Jane i470, ani one on Wella, Pargo & Co. for $77,500, in October of the same year, at may be Well In passing to he fied to California. stale that le did not realize money for the cheek on. Wells, Fargo & Co., but obtaiued $100,009 bonds of the Oil Creek and Cross Cut Ratlroad Company with it, most of Which were, how ver, subsequently re- covered. In California ne pecame associated with a ve handsome and stylish woman, named Sarah a. Werner, ed from her husband, and Who. 16 ‘0 bis villanons schemes for plunder, pa: elf oi wherever goes as Van Ecien's wife—now as Mrs. Van Eeien and then as Mis, V; 1, Mrs. Philips, Mr ings on, &e., & required In San Francisco Van F a $10,000 United St had stolea in New Yo: Angustiz ©, Van Ta: Bank of Caitvornia, in no hurry to dra muuicate with N right. me from <, and inserung, the name of sel, deposited the same In the iying Co the ofilcers that he was he money, that they conkt com. ew York aud see that it was all Went to the bank in yn to the oficers that he had a tine at obtained about Ith which he fled wita bis s0- puico, Mexico, #rom there he homas, and thence to Havana, where he managed in some way to steal a nowt OF diamonds aud jewel.y, moet of Stated above, recovered vefore bi Homi an lave: y en after the arrest there sympathized deeply with the lady, vere 80 modest and refined and whose jewelry was so rich. Whatever might be the husband's gultit was unanimously agreed the lady was cntively Innocent and sadly aoased. She left the iotel shortly after the arrest, and if {3 belreved Is it ty tie city. iting the above we learn that the prisoner tely beyond the jur.sdiction of the State, Deputy Marshal Retd succeeding in serving the writ of habeas corpus issned by Judge Durell, but oMecr Sampson disregarded the same, and has gone on to New York with his man on the Jackson Rail- many who ner’ road. The officer in charge of the prisoner signalied the train above Kenner station and got on board, y ue Writ Was at once served. Thus has a criipinal been wrested from the meshes whieh, tt must be adinitted, lad been skilfully woven around him by Ingenious counsel, WINGS AND TRiPS, iamplonshiy Pigeou Match Between Irn As Paine, of New Yorly and A, H, Bognrdasy of Hlinots. The championship pigeon shooting match be- tween Ira A, Pame, of New York, and Captain A. H, Bogardus, of tlmots, will take place to-morrow on the enclosed grounds of the Long Island Pigeon Shooting Club, at Captain 1, R. Sealy’s, near the Union Course. These gentlemen will shoot at 100 birds each for $1,000 and the diamond championship badge of America, This badge wes first iyon at Providence, about a year since, by Miles Jolinson, of New Jersey, (rom whom Paine wrested 1 test, at the end of iast summer, then sought the bauble, and be w by the holder at the earilest practicable moment, that gentleman waiving his three months’ right, ae: cording to the rules, of acceptin: Henge and naming a day for the contes’. Tne maten was shot at Fleetwood Park 20th of October last, and was won by Pait It occupied two hours’ and. thirty. S, va brilliant co: ward W, Tinker Ss accommodated seven miiutes. ‘Puey shot at luv birds each, the score standing at the ne, 86; Tin Subsequentiy Patne went westward ona campaig ore he met Captain Bi which a the contest to- unlou ani full of interest. It ist reported tagt bot men are in éxoellent shooting trim TURNG THE TABLES. The Old Usited State: Monitors Supposed to Havo Seon Sold to the Prussian Government and the Suits Growing Ont of ihom--Seck- ing Baticfaction for Alleged Malicious Proscontions and Indemnity for Du. rauce Vile in Ludlow Street Jail. » Protean portinacity is a characteristic that may very happily be applied to many cases coming be- fore our courts for adjudication, The spirit of litt Gatton has, tn fact, wonderful longevity. A case that Js Often supposed to have received its final quietus in one court very suddenly turns up in another, though ina form offen bearlag very Httle resem- lance to the original suit, To this peculiar class of cases beloags a suit in which Ouptain Jonn Graham was the original plaintift’ and Antonio Milian and Carlos Dominiguez were the defendants, The whole thing, as will be remembered, grew out of an alieged sale of . MONITORS FOR TH PERUVIAN GOVERNMENT. So frequently In connection with the various lth gations following upon the heels of this alleged sale has the story, however, been written up that it is only necessary to present the story in an epitomized form, Fiest of all then, the story rans wat Antonio Millan came here trom Peru during the whilom un. pleasaatness between that government and Spaip, bringing with him a large sum in Veravian bonds, and ‘claiming to have been authorized to pur- chase by the Peruvian government some War_vessels, Mr. Domtniguez was then Consul of Ecuador, and residing in this city. ‘The two fell in with Captain Graham. There was a good deal of talk and looking about, and finally, it is clalined, the Captain seld to Millan and Dominiguez the monitors Ynondaga and Agamenticus, and was pala by tue former $400,000 ui Peruvian bonas, on account. ‘fhe balance that it is sald was to have been paid was not forthoaming, and the result was ¥. NUMBER ONE, which was brought In tie Superlor Court, Succeed. ing the compaiat & warrant Was 1ssued for the arrest jof Millan and Domin'gnez, and they were duly taken nto custody ou April Ll, 1866, and-through lack of $160,000 bail lodged for fitteon days IN LUDLOW STREP JAUL At the end oj this time the case came on for trial, end the comp)aint was dismissed on the ground of war urisdiction. Following this resuit Captain. GranalWinstitated directiy siuilar proceedings 1 the Untied Sta! Jivenit Court, being NUMBER TWO, A disagreeable feature, at least to Millan and Domiaiguez, jm connection with this iatier was their arrest and a second time veiug turned over to tho kind hospitulities of Ludlow Street Jai, in aefawt of $150,000 bail, and waere they remained during a perlod of forty-two days, Wh cn (bey were discharged by order of Judge Blatchford, it was meantime decided by the Judge that tn the case of Dominiguez, he being a consulate representative of another government, the court had no juisdiction. Since then Domunigues uas died, Millan, however, sull lives, and has just brought SUIT NUMBER THRER, | which 1s an action against Captain Graham for alleged maticious prosecaiion and false 1aprison- meut, This last sult was entered upon —yes- terday before Judge McCunn, im the Supe- rior Court. There 18 a formidable array of able counsel on both sides and the suit promises to last several days. ‘The counsel chosen to open the case sald that the only account that had ever been given ot the $100,000 paid to Captain Graham was that $29,000 of it was paid as a BRIBE TO GIDKON WELLES, while Secretary of the Navy, to secure the purchase of the monitors named above at a low figure. of course this was only the counsel’s statement. But little was doae beyond this opening address to the jury. ‘ho examination of witnesses will begin tais morntig, but it 13 not likely that any pew facts of Interest will be clicited additional to those developed in the previous trials. A BURGLAR’S QUARTETIE, A Burglary Badly Flanned and Frastrated= Two Huattred and Fitty Dollars? Worth of Property Seized with tae Thlevos. One of the most singular cases of burglary, ever brought under the notice of the autnorities was pre- sented yesterday morning at the Tombs Police Court belore Judge Hogan. here were four defendants in the case, each of whom had a different story to re- late regarding the affair, and consequently one tale Was @ rebuttal of the other, though, of course, it was intended to be otherwise. The facts of the case are briefly as follows:—Mary Burke, the landlady of a boarding house, No, 69 Park street, was awakened from her siamber yesterday morning by some one in the house, who iniormed her that an oficer was in the hallway below and wanted to see her particu- larly. Mary arose hurriedly, and after donuing her clothing went down stairs to learn from the police. man 1m question that her house had peen broken into, that he had arrested several persons and SEIZED A LARGE QUANTITY OF CLOT: The bundles of goods were lymg at the officer's fect, and on their being opened Mrs. Burke idenufied the arueles, consisting of numerous silk dresaes and other things, Valued in the aggregate at about $250, as her property. Officer O’Kourke, of the Sixtn pre- cinct, said he Was on duty at haif-past one o'clock in the morning, aud was passing 93 Park siveet, when he noticed that the door leading to the street was open. Going fariner on be next saw Winifred John- son and Tuomas O'Robinson inside the door of 89 Park street, having the bundles alluded to in their posséssion. Ina ew minutes he s:w them leave 89 and goto 93, where John Shaw and James Clark were Wailing to receive them. The door of the lor had been forced open in Mrs. Burke's house, mai whence tie greater part of the things Nad been stolen. Winifred Johnson, on being asked what she had to fay, replica that sue had “plenty to say’'—-envugh to | convince any wan of her good raith im the matter, She was awakened by srs. Burke, who told her THE HOUSE HAD BEEN BROKEN Isr, and she sand she went to look for a policeman, and that while on this cha te errand she was arrested near the entrance oi Mrs. Burke's house, ‘Thomas O'Robinson, a gray-headed old sinner, sixty years of age, sald he Was always occupied in the “exchange office.” “ am a native of New York,” said he an explain jae Whole thing ia anutsheil. Mrs. Barke’s door had its lock hrokeu. I had churge of these premises, and seeing the door open | weat up to awaken these ’ere people. Just before he tried the door he SAW MEN AND WOMEN LEAVE THR PLACE.” ‘Thomas forgot the bundies altogether Jolin Shaw, also a resident at No, 93 Park street, satd that O'RodInson 1 4 up stairs at the nour named in a state of great excitement and to} that Mrs. Burke's house had been broken into, corner of Muiverry ¢ The next thing the rest, and that Was all he knew about it, ‘so heip his bob.” waned fourth defendant, lived with A COACHMAN TO SENATOR NORTON, having neid a simiiar position under “Tom Canary. O Robinson had asked him to “give an eye” to Mrs, Burke's restience that ht. He Was going home, when he saw the hall door open and three bundles lying in the hallway, He Was about to rush up ihe thought he would go to O'Rovinson hin of the case, and .on his way h y by whom he was ar- concluded, was for trying to gave Thi the goods. duage Hogan thought their statements were a lutile too thin and held them la $3,009 for examina. tion, —— THE HEAHODIST PA ACR. een Pursuant to adjournment the Methodist Preachers’ Association met yesterday in the Washington square Methodist Episcopal church, and discussed the ctr- cumstances that are considered favorable or unfa- vorable to Independent utterances in the pulpits of America, Key. Dr. Griswoid, P. B., Rev. Messrs. Genung, Latham, Adams, 8. C. Brown, John Parker and others took part. Dr, Griswold considered the circumstances on the whole unfavorable among the Methodists, and chiefly for the reason that churches negotiate with mi: ors in these days, and the min- isters are necessarily obliged to conform their preach- ing more or less to suit the views of those who en- gage them. He considered it would be otherwise Were both parties strangers to cach other, Mr Waiston said that if he had been warned. by any prominent men la his charge not to speak ‘about certain sins he should a itis auty to preach i such tilags., A New Jersey minister said ne had once been cautioned against preaching so radically against intemperance because certain Inembers of his church were manutacturers or dealers in whiskey, and they would refuse to sub- seribe ww, his salary. He replied that the amount which the ramseilers gave toward big salary might be charged to him, and he considered it cheap to lave his say about whiskey on tiese terms, Mr. Parker, who had been a local preacher among the Wesieyans in Hoglaud, sald there could be ng real contrast between the ministers of thls country and aay oiler, because here the voluntary system— the best ever designed—prevailed, and the ministers and people are one. In Great Britain a miuister never touches upon any but theological toptes, Hie never heard a sermon on thanksgiving, tem. perance or any of thuse questions that American mbutsters al 5 deat with, and there ts very lite sympathy even aniong the Wesievans between the muuister aad the masses, Te former is guided mialy, it not wholly, by the views of the mill- owner tnd inerchant, und he very rarely Visits any re Meal, of Rock River Conference, and f Wast New York, were witrodived. itl of iis Work im Bast York, TUESDAY, JANUARY 24, 1871.—WITK SUPPLEMENT. MARSHAL SHARPE'S DYADLOOK A New Way to Pay Old Debts, or a New Reading of An Old Rule, An interesting question, aifecting an important department of the federal government in this city, came under the notice of Judge Blatchford In the United States District Court yesterday. Mr. Simons, United States Assistant District Attorney, appeared and called upon Mr. George F. Betts, Clerk of the United States District Court, to tax certain bilis présentea by Marshal Sharpe to Mr. Betts, Mr. Betts appeared fn person and stated to the Judge that 1t was Impossible for him to tax the bills in question, a8 the Marshal had not furnished the | proper vouchers to enable him to make the taxation, Bestdes this, the Marshal had declined to lodge tn court the gross amount of moneys derived by him from saies of property, SEIZED UNDER GOVERNMENT PROCESS. He, however, returned the net sum, claiming at the same Une that he had a right to deduct his exe penses from the gross amount. He (Mr, Betts) con- ceived that this was in Violation of the rule of court, whioh had been long adopted and which 13 in the fullowing words:— RULE 157, “When any moneys shall come tu tho hands of the Marshal under or by virtue of any order or process: of the Court he shall forthwith pay over the gross amount thereot to the clerk, with a Will of his charges thereon, and a statement of the time of the receipt of the moneys by him, und upon the fling of snch statements and the taxation of suen charges the same shail be paid to the Marshal out of such moneys and the general account of all property sold tinder the order or decree of this Court shall be re- turned by the Marshal and filed tn the clerk’s office, with the exeoution or other, process ander which the sale was made.”” RULE 158 states:—"All bills of costs and of charges to be paid under any order or decree of this Court shail be and filed with the clerk before payment Uieres a if the same shall include charges tor dis- bursements other than to the oficers of the court, tue proper and genuine vouchers, or an aMdavit therefor dn cases of loss of youchers), shall be ex- hibited and fied, ami 1 sach bill shall be taxed Without four days’ notice to all parties concerned they shall be sabject to a relaxation, of course, on application by any such party not having had notice, and at the charge of the partly obtaiumy such taxa- tlon.”? Judge Blatchford asked Mr, Simous lor whom he ann ared, Simons replied that he appeared for the Marehal, with the y of bringing tus matter be- fore the court for settlement, Judge Biatchiord—I cunnot In this way settle a dispute between the Marshal and the clerk. Who represents the geverniment? I shall require the District Avworney to appear uniess he backs up the Marshal; in the present form I cannot dispose of the matter, The que*tion then dropped for the present; but It ts claimed by the officials of the clerk's olice that the action Of the Marshal, in the way above indicated, hes had the eect of putting a “deadioek’’ upon the business of their department; that it has for several months prevented the taxatton of cosis and tho. payment of moneys to Claimants justly entitled to Tecetve them. Marsbal Sharpe has not yet mage any pudiic state- mont of the ground upon whion he has acted in this affair; but tie presumption is that he attaches to the rules of the court quoted above A NEW AND DIFFERENT MEANING from that which they have hitherto been held to bear. Whatever. his views may be upon this ques tlon, they whl probably be disc:osed beiore the Court on argument. In the meantime it is matntamed by the ofliclals in tie Untted States District Clerk’s Onice that Marsha! Sharpe's actton tn the premises is exocedingly einbarressing, and that they are una- ble to make proper avd timely returas to Washing- Ton, as they dre bound (6 do, owig to the manner in which they allege they are hampered by the Mar- shal® proveedinzs. : BROOMLYN HUNIUIPAL AFFAIRS, Tio City. Fathers in Council—More Elbow Reom for the Police CamimissionernThe Pay of the PoliccmenA Letter irom the Exiled Venians-Tae Aldermanic Dispute After the Fire Marshal. The Brooklyn City Fathers were in council yester- day afternoon, when several quesilons of {mpor- tance were brought up, The Police Commissioners have discovered that they have NOT ELBOW-ROOM ENOUGH In the buliding now occupied by Uiem at the corner of Washington and Johason streets as a poilee head- quarters, and now ask for a new building with more accommodations. The lease on their present quar- ters expires the Ist of May next. The matter was referred to the Commitiee on Lands Places, THE PAY OF TH POLICEMEN, Alderman RICHARDSON oflered the following reso- lution:— 3 Reaoived, That the Police Commissioners be requested to inform this Board at its next meeting the whole number of Applications that have beea presented to thei by or on be- half of men wiom they have reason to suppose possess the, heorssary qualifications for xppoiatment oa the police force of the city, and how many of sald hey have appointed; hether, in the judement of said Commissioners, itis ry ta’ Incteas# the wages paid to the members of naid force to enadle them to secure a sulicieat number of weli quaiided men for police outy;and also, whether, for any Teason. they deem any such increase of ‘pay either ne- ceasary or ailvisable, Adopted. TUE RELEASED FENTANS. Alderman CLaNcy, from the spe. committee ap. pointed to walt on tie Iris exiles aid teuder them a receptton in this elty. read tie lollowing communi. cation to the committee appointed by the Common Counc of the city of Brooklyn to receive the Ji rece Bw Youx, Jan, 23, 1871. ou very sincerely ior your jon In’ the eity of Brooklyn, who shared our suiferiigs iiclpate in a part of 1s reward 0 as to the acceptance of your held to represent be jp re, We have sev w that we cannot ® pubiie rei but through = wish that should be pregent to we desire that our d tribute to the cause wh poued until the arrival o: vitations of w like nature. We ourselves of nll, because to do ro would take more ume than vail we can well spare. Why lay these fuvitations b our companions arrive we wil fore them, We are sure that suich as other leaders that fairly re- from us that respeetfi alien- come trom elty authoriti ty present the people tion which tiey mer! absent we promise you as We remain, gentiemen, yours respe Jd. A, OVDONOVY, HENRY M LUAD) CHARLES UND Tt has not bet Richaridsoa or e: represent We Twent Alderman MeGroarty mitiee on the disputed ¢! of the testimony tal mites, and requested in order that the mem) an opportunity to read tt. ‘The committee will not port until the next meeiiag of the Board, a3 theyjare to sit again and take sone lay potnts ta the case, APTER THe Finn Masia, Alderman. Rr + o4it Siution {9 th effect that Fire Marshal Keady be requested to wend as t whether Wilflam n ‘iaimage is entitled to ond ward in the Board, Iman Of the spectal com- jon, presented a copy a before the com that if be printed of the Board might have ic request Was granced. > to prevent their re a rep Board tS neXt ineeting of the numoerand location of fres which bave occurred inthe city during the past year, the cause of the | Bres, the amount of lors occasioued, the amount of insurance, and whether, i his opinion, te Fire Dee bartunent were as eiicieut as they should have been. Adopted. CHEGAN, A Cousin of Phil Ste an Victim. At the spring term of the Bay City (MIeh.) Cirentt Court the case of Me Alls for the seduction of Miss Sheridan, under promise of marriage, will be decided. Tie flstory of the ease is muen the same as ail others of this natu The giri loved too fondly, but not wisely, a inan who was not wortny of her, and who sought the drst opportunity to ac- compilah her ruin. dau, the unfortnnate the Unfortunate THE COURTS, en NR Important Question in Bankruptey—Tho Collisio! of the Steamer Norwalk—suit Against _ an Express Company—Decisions, UNITED STATES SUPREME COUAT DECISIONS. Wasninaton, Jan, 23, 1871, The Supreme Court to-day deitvered the followin} opinions:— No. 54 Barnard vs, Kelty et al,—Error to Circuit Court for the Diswrict ef Connecticut.—Bat Nard Was a commission merchant In Boston, al received frou, Buenos Ayres quantity of Wodi, o which he pald advauces and placed it in the ty Of brokers, with imstructions not to sell unless tht purchaser caine on and examined the wool pel sonaily, Subsequently a sale was made to N. Kellog & Co., of New York, the principal ponent in error making a personal Insp hon of the wood, and atter examinins several bales declined to look at more, Nearly a yoar atte wards Kellog & Oo, notified Barnard that the woo! Was falsely packed, On the trial it was shown, b, the custom of wool dealers in New York and Bos ton, there ts a warrantee by the seller, implied b: Lhe fact of sale, that the wool is not fulsely packed, The Court sustained the cusiom and deetied fi favor of the purchaser. This court holds that, upon a given state of facts the rigits and abilities of the parties to a contract are fixed b; the generat principles of the common law, the’ cannot be changed by any local custom of th Place where tie contract is made. In this case, 01 the facts shown, no warrant of the good quailty o! the Wool 1s tmpiied by the common lisy, and no cuss tom im the site of the article estblished in New, York and Boston can be admitted to imply oned Mr. Justice Davis delivered an elaborate opmiont maintalning tins view, reversing the Judgment bee low and directing & new \enire. 4 No. 67. The Steamer Daniel Lal vs. The rit States—Appea from the Circutt Court for the West- ern District of Mionigan.—This was a libel of infor mation against the steamer to recover a penalty | not having procured fospection license while emd ployed in Lransporiing passengers and merchanat on Grand river, fa Michigan, as required by thi navigation acts. The Court beiow held that th waters Were navigable, and that the comma law doctrine 4s {oO navigability of waters hi Ho application in this country, the fact of navig bleness depending, not upon the ebb and dow of tu ude, but upon the actual navigable capacity of th stream, and as tho voyage, though commenced an endéd within the State, was the conthauation of th transportation of freight from one State to anothe: if forms a Mak in commerce among the States, an the vessel go engazed Is subject to the navigation _ and Hable for the penalty, This Court ailirms Us decree below, remarking Utat it is uuadle to draw distinct line hetween the authority of Congress U regulate ao ageacy employed in commerce betwee the States when extendiug through two or moi States and when it isconfined within the ilmit otasingie State. If its authority does not extend to an agency in such commerce so contined its en. tire authority over inter-state commerce may be defeated, Mr. Justice Field Gelivered ihe ee p No. 35. Hanover vs, Woodrufr—C ste oft Diviston From the Ctreuit Court for ike basterm District af Arkansas.—This was an action on @ promissory note. The defence was that the ih sideration was illegal, being certain bonds issued b; the State of Arkansas alter the passage of het, secession ordinance. Two questions rose on whic the judges below were divided. First—Was th consideration of the note yold, on the ground of public policy, 80 that no action conid be 8 tained thereon in the federal courts, Second—I the bonds were # sufficient consideration to sustain! the action, what was the measure of “dam a4 ‘These questions were ceri.fled to this cout, whe there ts also @ division of opinion and the case 1s remitted to the court by law for the purpose a enabling that court to take such action thereia it may be advised In accordance witn the practicd of the court in such cases. Mr. Justice Nelson ded livered the opinion. No. 55. Kdmonason et al. vs. Bloomshtre et al Appeal Jrom the Circuit Court for the Southe ern District af Onto,—Tis was a contest coucern4 tng a revolutionary claim, the question bein { whether by tne will of Mrs. Hdmondson, deceased,* , maktng certain beguests to her lusband, Dr. = mondson, father of the clanmants, tite by descent Lo ce lands was broken so 4S to divest he brothers as heirs, and vest (he title in her husband and tis heirs by virtue of the ¢ ‘The cout below held that the wili dtd not disturb the title of the heirs of the testatrix under whom the partied, In possession claimed, and this court amiru the des cree there made, Mr. Justice Cliiford delivered the opinion, The Ohio and Mississippi Ratiroad Come panu, Ciark, Durant et al. vs. Amanda Mechu’ Brecwiriz, et al.—kError to the Supreme Court Jowa.-- Dismissed for want of jurisdiction, Mr Justice Swayne delivered the opinion, No. 11. Origintl—The Commonwealth of Pennsyla vanit vs. The Quicksilver Mining Company.—Cause disinissed for want of jurisdicuion, Justice Nelsum delivered the optuton, UNITED STATES DISTRICT COURT—11 BANXAUPTCY. { Can a Bavkrupt File a Petition While Ho Has Another Pending in Court @--Lumportaw / Question. Before Judge Bintehford, Inte Matter of Jacob Wielarski, a Bankrupt.— This was a question certided by Register Ketchum to the Judge for his decision. The bankrupt, In De.’ cember, 186%, flied In this court his petition in vank- ruptcy and it was referrea to Mr. Register Alien, who made adjucation thereon and issucd his ware rant for the first meeting of creditors, which was held, and at which an assignee was appotated. The mete ter of sald petition is still pending, witn- ouy any discharge or discunitauance, and “ while so pending the krupt filet his petition tia this maiter 1a December, 1870, and the, Same debts are set forth and the same creditors vd named In both pe: jf nding the first mecting of ors. by Ketcham, jects {0 proceeding for a of assignee rein Curing the pendency of the former petition on the ground of irregularty, whiei he i 3 Court wiil not ailow; and Register Ketchum 18 of opinion that his objection is well taken, Upon this certitleate of the facts Judge Blateh- ferd decides as follows:—“The Register is cor rect in his view. The Crerk will ¢ an order stay- Ing further proceedings in thts matter until tue fure? ther order of the Court. If any good reason exists for going on with the proceedings im Uns matter it may be shown to the Court. Tujauction Against the Bostony Hartford and Evie Mnunge: te Judge Blatchford has granted, on the application of James Alden as petittoning ¢ ov, an mjunes tion agal: the managers of the Boston, Hartford and Erie Ratiread, and all persons having posses. sion or control of tts property, restraining them front interfering therewith or making a trausfer or dispos Sillon thereof, until the further ordor of the Court and sach iujuietion has been served upon tue ree ceiver of the road, GHITED STATES DISTHICT COUNT—IH ADMIRALTY, Tae Case of the Norwalic. Before Judge Blatclifo ‘The case of Wilson, Lewis and others. owners of the steamer Norwalk, vs. the owners of the steams he, tux James Roy, already reported in the Hrnano, was retuned at the sitttag of the Court aud has nob yet concluded. The testimony taken ala repes tion of that already published tn the ¢: SUPREME COUAT—GE! Express Company rd for Ke Money Packs Before Judges Ingraham, Bari and Cardozo, eS George S. Thompson, Respondent, ve. James C. , 4 Fargo, Treasurer of the American Express Come pany.--Ou August, 11, 1986, the plaintiif delivered a package contaming United States greenbacks aad’ compound interest notes of the aggregate’ ENAL TEAM. ore” y avery of a \ young lady In question, Is said to be a cousin of General Sheridan, Is nincicen years of age, of re- Bpectable parents, Who are in comfortable cireuam- stances in life, and restd¢ at Matdstone, a small set. tiement some ten miles from Windsor, Canada. At the age of fourteen she was engaged to be marnied to MeAllsier, het seducer, and under this promise they enjoyed each other's society for a number of years— she Was walting with patience the realization of her hopes, aud he plotting for ker downlall She had the utmost fatih in the villam’s honor, and although ag ume rolled wearily along, and months and years did not see the consummation of her bears tsi, she never doubted, but fondly eluog to him whont she thought perfection. ‘Ihe “course of true love’? has its rdggea Ways to the confiding tender heart, Alter four or five years of waiting, hoping and, doubtless, pining, she did not realize the happiness she thought ihe future promised, but fell a victim to the heartless seducer, whose smooth and treach, erous tongue ov me her virtne, Once fallen, shi Was soon deserted, = Me Allister did not wait to fulfil the promises he had made to her, but fled to Michi- gan to seek protection froin the girl he had rained. Tie passed, and the gal hearing that ber seducer was in Bay Cit}, sue came thither, bringing with her the child, “the offspring of’ their Uatson, There sho found her seducer, who, on being Confronted, confessed he did wrong and oifered to compromise the matter by paying her $3,000, pro- yiding she would give up the child. But, like a ten- der inother, she Would not consent to this, and called on Messrs. Grier & ncDonnell, attorneys, who at once took hold of the case, determined that justice should be meted out. A warrant was issued for MoAllister’s arrest for seduetion, and subse. quoutlpfor breach of promise, MeAliister, being of Wealthy parents, and determined that money would clear him, employed Messrs. G. V, N. Lottirop, of Detrolt, Judge Green ond G Wilson. Alter some consultation McAllister was released on a writ of corpus. The case was argued a few days ore Conimissioner James, of this city, Jadgo McAlister and T. C, Grier 1 constitutional questions New audasked the assistance of his brethren | were rai bat they were ruled out to redeem his churen yt Monday an | by the te prisoner to ballin the eesay 18 Lo be read beiore the preachers, #UrM of 35,000 In each case, value of $669 to the United Slates Exe %, ited Company. The package was dire tea ¥ oO John K. Martin, Buraton House, Terre Hauie, rf Ind., and to be given to John and William Waite, %. ‘At Decatur, Ind., the package was sent to American Express Company; but at Terre Haute no ¥ such parties as those named boing found, the pack Age was brought back to the chief oice in this city, Asceriaining thatithad been returned the plan til applied to have it delivere’ to him, promising. to pay ail the charges and indemnify the company t against ail claims of the consignees, The company inst téiused io give ft up, abd ilterefore the sult. was 4 brought, ‘The case was referred to a referee, who found for the plaintif, from whieh an appeal was taken. Taere was a lengthy argument, ‘The Court reserved its decision, COMMON PLEAS—TRIAL TEAM—PART 1. The Relations of Landlord and Tenant—A New Potnt of Law. Before Judge Larremore and a Jury. Ferdinand Suydam et at. va Willidm i Jack s0n.—Tlls Action was brought for two quarters? rent of the premises No, 48 Front street. ‘The only defence was that they had become untenantable to such an extent as to enable the tenant! e to take advantage of the provisions of the statute of abhi 1860, by which a tenant may surrender where, during’ his Ms term, the premises are “destroyed or so ‘injure . by the cloments or any otter cause as Ww bee 4 come untenantible.? The defendant's evidences f showed that . during ‘the term = the root a over an extension of the — tea ‘store ‘ became leaky, but no otner ee BiVve “4 natural decay Was shown for the leakage. Atthe * q conclusion of defendant’s tesmouy Mr. Edward) © j Wetmore, 09 behalf of pintutils, moved Tora vere atet, on the ground that the injury or destruchon : contemnpiaiag by the statate referred co sone acthya force, such aa Ire oy oiler cal and not the ‘a ‘t corrosion of time or natural tia dation. The Court said he was inclined to favor this view Of the statute; bat as (ue questivn Wasa new aud. i a £5