The New York Herald Newspaper, January 28, 1871, Page 8

ve a A Or 8 THE HAGGERTY HOMICIDE. Commencement of the Coroner’s Inquest. The Habitues of “Murderers’ Block on Hand— Evidenoe of the Rough and Reddy Men ‘Who Witnessed the Rumpus— Varley Admitted to Bail. At one o'clock yesterday afternoon Coroner Hermann presided at the mqnest regarding the fatal shooting of the notorious James Haggerty, in Egan's faloon, early last Wednesday morning. Tho jury- men empanueled on Thursday at the post-mortem examination all answered to thelr names. ‘fhe pri- soner Varley (“Reddy the Rlacksmith") occuped a Seat beside his counsel, oa the Coroner's nght hand. The room was densely crowded by @ motley and Villanous looking set of fellows. Every portion of the evidence was listened to with RAGER ATPENTION by those present. The prisoner occasionally made Temarks to his couusel. He seemed somewhat care- Worn and nervous, but how and then smiled as he recognized some of his acquaintances im the room, James Devine, of 476 Broome street, was the frat witness sworn, He testified as follows:—On Wed- nesday morning, about ten minutes past twelve orclook, I waa in Egan's saloon, corner of Broadway as given above, were piaced belore the Judge, who the prisoner; and Houston sticet; Variey wus in before me; he waa trying to get Murphy home; 1 saw Haggerty, Tracey and seven or cigdt more; Egan wanted Murphy to Stop mussing, aud said If he Wouldn't stop he would put him ont; Haggerty satd, “Sa0T TRE DOOR AND LET THEM FIGUT;" the qnarrel was between Tracey ana Draper, and they were swippod for a ght when | entered; Var. ley was in be'ore me, and said he wasn't going to have them figat, but would take his friend home; thea Haggerty graspet Variey by the throat, strack him violently ia the eve with bis tet and pashed im behina the counter to the ena of the bar: then Theard a shot go off, and went outsice the door in case I should get shot, too: wnen | got out l saw Haggerty beliind a sereca; he waa POINDING A VISTOL AT VARLEY; { dian’t hear any pistol suap; Haggerty came run- Ding out, and handed ihe pistol to somebody, I don't Kpow who; he was in his shirt sleevea; 1 saw noth- ing more, having gone away then; | think Haggerty hadbeen dmuking, but Varley seemed to be quite Bober; 1 didnt Know at that time that Haggerty had been shoi. Dr. Chaves K. Bridler, of No. 67 Twenty-third street, testified-—-‘hat about fo: o'clock on Weanesday morning he was called to visit Haggerty, Who Was then at — Houston street; the patient was Wa state of collapse and was INTOXICATED; He described the nature of the wound. In his Opinion the bullet penetrated tne intestines and ogre the abdomen, and he regaraed 1 as mor- 3; Saw him same day at eleven and five o'clock; his condition was the same. and opinion rematned ag ie the death occurred at eight o'clock that night. Yatrick H, Egan, residing at No. 83 Amity street, proprie or of the saloon where the shooting otcurred, ‘Was next sworn, and testifed—About nall-past eleven o’clock on the night of Tuesday TRAOKY ASD HAGGERTY CAME INTO MY BALOON; they were both drunk and continued drinking in my place, consuming about thirty drinks in an hour; @ littie before twelve u'clock I tried to get Haggerty Yo take Tracey home, Tracey beng 80 drunk that he several times fell on the floor; Tracey put on bis coat and ‘Come, Jim, asd let us go’ Hag- rty Wanted one more drink, and while they were aving it Draper came tn; he also was intoxicated, ana I anticipated there was going to be trouble be- tween him and Tracey, so 1 got the latter towards ‘the back door; be said, “Let go of me and I won't do anything i0 anybody; he then WENT BENIND THE BAR and commenced to sing; Draper then came up to him and said, “Here's the man that wanted to Tick Mme in Mace’s;”' they gave cach other the lie and Tracy then HIT DRAPER IN THE MOUTH; I got Tracey away and I talked with him; he pro- mised to be quiet. but the two continued talking, sugrily; Haggerty came over to hun and said, “Take off your cont; Tremonstrated, and he said, “they'd have to ight," I went over to Draper and asked him Mf be wanted to quarrel, but he made no answei he had fis coat off, and I think Haggerty had of his coat also; Haggerty came over to speak to Draper, and | went and got Tracey to near the back door; while 1 was talking to Tracey the prisoner oaine in; Haggerty came over to Tra ordered him to take off Aix coat, but 1 held to it; Variey’s pres- ence had not yet been noticed by Haggerty; Hag- gerty said he wanted them to fight; I said that I Would send the first man who fought to the station Bouse; he said “WELL, YOU'LL SEND MR, TOO; 1 said he would go with the rest; then he turned rouud and saw Variey for the first time; Baid, “Let ie stop this;? Haggerty said. “W) on want’ Did you come in hereto fight ey replied, “No J didn’t; 1came In nere to tike my friend ow Haggerty took hold of Varley by the mas L saw that I let go my hold of nd went out to the sireet for the police; I for the police and then went back and found acrowd at ibe corner ol the bar; two men stood beside Haggerty : VARLEY WAS BEMIND THE BAR} I woni towards the party and just at that time I heard the repor! of 2 pistol; couldn't see whether they were clmched, but they were very close to- ely after the report Haggerty stag- & four ieet; then I agaio ran out lice; Haggerty was gone when! re- —_——— CONFLICT OF JURISDICTION. The Cas: y Habeas Corpus Case. THE D#ATH OF WELLINGTON. Oficial Investigntion Betore Coroner Keonau— Verdict of Accidental Death—Discharge of Dixon, Accused of Homicide. ‘The circumstances attending the death of James Wellmgton, who was found on Monday night in the alleyway of No, 307 Teuth avenue bleeding from a General Thomas H. Neill in the Federal and | wound in the head, were inquired Into yesterday Stato Courte—Discharge of the General by Judge “Blatehford. Yesterday Judge Blatchford rendered his decision ‘in the Untted States Circuit Court in the matter of General Thoma: Biatcnfora, in rendering his deciston, says:— On the 4th of January, 1871, petition was presented to Judge Movuua, of the Superior Court of this ely. by Ai. Nelli on habeas corpus Judge S morning by Coroner Keenan, Peter Dixon was pre- sent, in custody, on suspicion of having inflicted the wound. Mary Wellington, widow of deceased, of 519 West Twenty- ahh slrect, tetined that deceased left home on Monday ways ing about eoven o'clock, to go to a wake in West Thirty-aixth airest, near Ninth avenuo; sho next morning beard that ® an was dend at the siation honse; her father went there 4 identified the body. und she identified it also heard that bad been struck with a club; a cloth cap was presented, Dut witness said it did not belong to her busband. Patrick Sampson, of 807 Tenth avenue, baker, testified that on Monday night last he was in bis bakery and’ heard tn the alleyway, as it two persons wore skylarking ; h Tohn Cascy. The petition sot forth that tno sala Casoy ‘in Polke 10 the alleyway, as it tw ti ‘anol ‘at present reatrainad of his itberty at Fore coimons The Or bia bende sud knees trying to Sect Go, “an rece as vetitioner prays that » habe core might isnue, directed to Sie to doao. He then notitiod s larkosper tn the eaien ‘on piicer tn command ty sald Fort Co:mbus, to produce the corner that there were tivo drunken men im the alloy: he body of Johu Casey. is petition the following revard ry, * thoy went Duck aiid found galy one; he was bleeuiag eae and thought be was in a bad condition; rapped with a clus in the 2 and two policemen came and took him to tue stallion house ; nitod States—That the said John Cat be was allve and breathing heavily. i rf 4 { Poem ek eatin eetiae ae seem apa Tevth avenue, tied that decessed and Annexed to the return were what purported to be copies of the enlistment papers. Amoug them was an oath of enlist: ment and all fe nd mnvaerived and sworn to by Bim. ‘bis oath was In tl lowing worda:— I, John Casey, born ia Brooklyn, in the State of New York, and by occupation a plumber, de hereby acknowledge to have voluntarily enhaved as a’ soldier in the Army of the United States for the period of five years, unless sooner dis- gharced by prover nutkority; snd do also to from the Untied States euch bounty, pay, rations and cloth- ing as are now or may be estabiished by law. A number of other papers, together with the oath continued :— On the 12th January, 1871, Judge MeCunn tssued, under his hand and seal, a warrant in the name of the people of the State of New York, directed to the Sheriff of the county of New York. and in the words following: — i “HV appearing satisfactorily to me, on oath. that Thomas | H, Neill, the ollicer in command at Fort Columbus, to whom ‘A writ of habeas corpus was directed and dellyerei, com. Manding him to biing before me Joku Casey, end by not Producing the wed Jobn Casey, and also by not making a Full ana @x piieit return to the said writ witht the time Hu ited by law, these are, therefore, to authorize and command ni, ih the hame of the people of the State of New York, forcliwith to arress the said Thomas H. Nel) and bring him befor me." General Nelil was arrested by the ofticer of Sherif Brennan, and subsequently a writ was sued out by couneel for General Neill in the United States Circuit Court, ad- dressed to the Shen, to show cause by what authority he held the Geeral. Sheriff Brennan made a return to this Writ to the eifect thai he held General Neill by virtue of AMM of aMachment issued vy Judge seCuon, and held im in custody under said writ. Judge Biatchford says that said arrest and detention are Unlawiui and in viowstion of the constitution and laws of the United States; for that the several facts und allegations in Pic petition of the said relator in respect to, the proceedings fore Judye MoCunn, and in respect to the retwn to the writ issued by lilm, aro in ali thiags truc in substance Matters of fact as al.eged and set forth 1n said petition; and they "pray leave, to ‘refer to said petition wud return with the same force and elfect as embodied herein, Whether General Neill was or was not required j to make a sworn return or po return at ali waa necessary, if a return was required, he was by the statute exempted asa ewora pabdiie olticer from verifying it by ‘outh, nor was Le bound to produce the boay of Cassy. It Was held by the Supreme Court of the United States in the case of Alieman vs. Booth (21 Howard, 06, 63), that where @ State court or Judge is without jurisdiction to release on habeas corpus in @ eiven case @ person held in custody | under the authority of the United States, 1 the duty of the ofticer who av hoids stich person in custody not to take such person or suller him to be taken on the habeas corpus, and fiso bis duty, if the State court or judge attempts to con- trol him tn any respect in his custody of said person to resist such an attempt by force. As the State Judge haa vo jurisdiction at ail to proceed in ihe case of Casey, certainly After tue retura mude by General Neill, and no Juriadtction to require the boxy of Casey to be produced, or to require any otyer or further referénce to the writ, he was without jareuenoa to issue the warrant of attachment azainst jeneral Neti TUR POWER OF THE FEDERAL COURTS. The nest 4 writ of habeas corpus issued to the Sheriff to release Gene- ral Neill from the custody in which he ts o held under the Warrant of attachment thus iswed without Jurisdiction, | DECISION. In this case I bave arvived at the same conclusion reached by the Disirict Judge of the United States of the District of entucky, Inthe case of Farrand (L Abbott's Unites States Reporis, page 140. In that case a State court lasued a writ | of habeas corpusto an officer of the Army of the United jatos to produce one Johnson. The oficer made a return, stuling that the man was « duiy enlisted soldier in the Army of the United States, and annexing couples of his enlistment Papers, iu substance the same us in the case of Casey, and declining to obey the writ, ‘fhe | State court nevertheless proceeded, and made an ' orderdirecting that the soldier be ere avout ten o'clock on Monday nine quite whiskey; aftor ‘sober, und cailed for two came or deceased bad drunk bis he slip; feil_ om the floor, but RP the other then called for drinks, but he refused to in with any more, they went ; about hour after a man came and er © two's ‘in, the id there were two men in St alleyway; went there aud rapped for the officer; Identise tbe man found there as one of those who had been fn tho va- loon ; tainks the prisoner la the other man, but cannot swear OBFE:F. Pehauthow MeVer, of B04 West Twenty eighth atre ‘that be saw the iwo men after they left failen into the gutter, and were ‘cannot faenticy eurd’ no quarrel; gow them separate; one crossed and the other went down the avenue; did not tink | they were Intoxicated, city and Monday nig! 8 James O'Halloran, of $03 Tenth known the jue, testitied that he has risoner for some years; 18 hls brother-in-law ; on , zdout eleven o'clock, saw him outside Mo- Donald’s suloon, Twonty-elgith atreet and Tenth avenue, Very drunk ; took him in there; he was very querrelaome ani began abusing the proprietor, when witoess got mad ana him twice in the faco;, heard the rapping for the oit!- cor before this; MeDonald took him to witness's sore, where he was locked th all nigut. Obicer Atohis.n, of the Twentieth precinct, and officer Clayton heard the eall rap, and went to the alleyway and found deceased; he could not speak ; thought he was frozen ; examined and found a very deep cut'on wis head; pat him in a wagon; he was alive then, but died before they reached the station house; Dr. Pullam examined the wouna, and auld he thonght he had been struck with a “biliy;” a big poot of blood was tound in tho alleyway. Peter Dixon, the prisoner, tesiied that on Monday night, about twenty minutes a(ter Seven, deceased and be left wit- ness’ house to go to # Wake in Thitly-sixth sirect, near Ninth avenue; had one drink before they went there; remained fintil hal/-past nine, and had two drinks; had three drinks st Boylan’s after they left; they parted at Thiriteth sireet and Tent avenue, und he does not remember anything else until he found himself in McDoaald's store. Deputy Coroner Dr, Sarsh made a post-mortem examina- ton, ani in bis opinion death was caused the brata, the result of violence, ‘The jury rendered w verdict of death from injuries accl- dentaily Teceived, the result of a fall, | thereupon discharged from custody. harged. The ofticer , refused to obey such order, aud continued to hold the soldier | by virtue of his enlistment. Inst the oficer by process of contempt, and taken Into custody under such process, and, white in confine: ment, a writ of habeas corpus was issued by the District The State Court then proceeded Judge of the istrict. The District ~ Judge on these facts discharged the officer from the custody of the State Marshal, folding that the 10 Ceodings im tie State tribunal were without furmediction and that the federal Judge had powers to discharge the ofleer from tle State custody; a atmilar power of discharge was exercised by the federal court in the cases of Ex parto Robin- soa (6 Mel.can, 350), Lx parte Jenking 2 Wallace,Jr., $31), and ¥zx parte Sitterd 6 Am. Luw Keg., 69. { . The relator, Generai Nell, in discharged. Tnis case has excited. a cons.derable amount of ; Mterest. The particulars have been reported in the HEEALD under the title of “Condict of Autherity. | Judge Blatchfora's opmi n as above will most hkely set at rest forever the issuance of habeas | Corpus in the cases of enlisted minors. RAVAL INTELLIGENC®S, Narrow Escape of the United ates Ship Bauks—Prompt Acti Consul, the Governor of Commander of Her Britannic Majesty's Steamer Philomel. Ox Boarp U. 8. HosprraL SHIP PAWNEE, LiT:Le Hagpoxr Cay, Bahamas, Jan. 23, 1871. of the United States arley stood behind the bar; I went time to get asst breaking near the ¢i Draper wero standin: the crowd w and they w in; Varley m Thave ¢ Baw ap took his vocko ar stand, where Tracey and two were fighting and ‘ding Uiem; J told them to go out ; after they had gone the police came y have spoken, butin the excitement ng he said; the only time I §’3 possession was when be ‘aW a pistol in bis pantalvons Y HAD A PISTOL IN BIS HAND after I heard ine report. John Fallon, t urte! the previous testimor Baloc thro: Whai do yon ¢ him reply gan’s, corroborated ook place in the prisoner by the ‘Yon son oF a ——, and heard ley fire the he saw shot: Hi at witness, when he pegged i t be stopped; he saw Hacgerty wit in his hand, which he med twice @ 'y, but it didn’t ‘go off; the 3 = in Le act of TING VARLBY. irst street, a young man shooting, gave atimony “Reddy” was admitted to bail In $5,000, and the examinaiion was adjourned Uli Wednesday after- noon of next week, at the same hour. THE CAMDE: (1. aN PARQHIDE, » for the Murder of His Father. ‘The trial of young Ware for the murder is father was commenced Camden, N. J., on Wednesday. Ware, who is a young and good looking man ot twenty, is charged with having killed his fatuer, John A. Ware, uear Longacoming on the 16th of August la ‘are got into some d lty with his mother and sister and drove them from the house, firing afier them wich a Springfield rifie loaded with shot. This ocenrred Curing the absence of the father, On his return quarrel was renewed, and dobo Ware, who had r ded shot bis father, and, taking the po the dead man’s dockel, fe1 to the woods, ter of the deceased Trial of John W 1 book from Patience Wililamyon, the dangt f the defendant, testitied as follows:— iusvand, Was living with my. father, we had’ some of our own pro- perty there ; among articles was a milk pan, which I wished to use; ed mother to | empty if; (his she refused to do, and Joun took her part and struck me; my husband then interfered and knocked John down; he got up, threw bricks a* the house: wh bout fired at us with a Spring. standing loaded In a cor- us, driving us from yards from the house Jol: feild rife, which had bee: ner, but did not hurt us: we—mother, Georze, Louiga (a sister), the baby and J—went to Pierson’ about o miie anda hall of; here we met father, who started back to the house Jotun. Mary Anne Champion, who wa ting with the Ware family at the ume, and who was the person who witnessed the kitling, testused to the altercation, and sald thet just then she went to her room, trom whence she saw through the windew the old man re- turn and heard the quarrel between lim and the son; te younger Ware ed some money; the father told hi ¥ him as fast as the wood was ént; the son grew displeased at unis re- ly aunt said, You d——d old gray-headed —, ‘ii shoot you,’ and, immediately restg the gun on the top oi a post, aimed at the father's bead and The father tcl fred. Jead on the spot, and young Ware then ran some ance, but returned and wok the pocketbook with tie movey from his father’s pocket, after which he shouidered his gun and escaped to the woods. During the cross-cx- mination witness testiticd that she came down immediately afier the shooting, and when, the ac- ‘cnsed returned and took the contents of his father's Ket he told her to “shut his d—d old eyes,” Rie then SAW @ carriage driving up and ran away. Tax Biuxp Murprere.—Ava Kittle, the blind | urderer in jai! at Troy, manifests great nervous Fomesmness at oight, rs much so that the Sheri! has found it necessary to remove him toa cell by Rimseif. In the jaroxysms that afflict Dim he enacts the tragedy in which he took such an awful rt, and seizing the pillow of his bed jams it upon the floor in the way that he crushed in the skull of Dia father. tis feotly uncontro: Bitde, and passes ™ ved. ¢ at such tines becomes per- e. Durmg the day he says stor the time lying upon his stance, and heard glass | no had been present at the | the gun, deltherately | The United States hospital suip Pawnee lett Hamp- ton Roads on the 7th of January, bound for Key | the Guif | kind before. West, and had heavy weather acros3 Stream, with variable winds. Afterwards she made Abaco light on the 20th. In attempting to ran up the northwest Providence channel she fell to leeward of the Berry Isiands aud was compelled to come to anchor. Her position was a dangerous one in case | of a gale from the northeasi, and irom which she | could not get away w.thout a wind from the south. As it was very uncertain when this would come, Commander Quackenpusi, Mahion Chance, United States Consul at Nassau, requesting him to notify the commandng officer of an American may-oi-war, If there was ome in the harbor, of bis dangerous position. vessel ‘at Nassau, but Walker, Governor ot the Bahamas, on learning this | A SINGULAR CASE OF HYDROPHCBIA, {From the Pittsburg (Pa.) Despatch, Jan. 24.) Yesterday morning # young man Known by the name of Henry Hunzinger was brought into Pitts- pare over the Western Pennsyivania Ratiroad from an island near Lincoln's station. He had been for a brief time in the employ of a farmer on the island named Lane. Saturday he was threshing oats. Without any warning, he fell down ina succession of the most extraordinary fits. They continued, Without tntermission all through Sunday. Monday morning he was put into a baggage car of the Western Pennsylvania road, under charge of Baggage Master Walkinshaw. We do not propose | te go into any details of his case other than those Won is whether this Court has power on the | a Despatch reporter learned from conversa- Uon with himself or his atlendants, fur- ther than to stale that he was placed in an open wagon, strapped to a board, driven by a negro, who started out to find Passavant’s Hospital. ‘This wagon broke dowa on Sixth street, the horse shpped, came to the ground and broke all tne har- ness. ‘this necessitated a long delay. The savle driver then started for the Mercy Hospital, and, after a long pariey there, 1t was found that that was not Passavant’s. All told, poor Hunzinger was quite three hours exposed to the piercing cold of an ; open wagon, strapped to a board, covered with only a tuin blanket. All the circumstances of the case were well caicu- lated to arouse curiosity, and yi rday aflernoon & he was Despatch reporter visited Hanzinger 1n a ward of the hospital. He was lying on an iron couch, his leg aud one arm securely pinioncd py leather thongs. These were enloluea with Cotton to | protect his flesh from being cut into, and beiore we left hin we saw good reason ior the precaution, Ths rignt Nand was jeft free, and when we entered he was taking his supper of cotfee, bread and butter and apple butter. The man’s whole aspect ‘Was so quiet, subdued and even comfortable at the time that we regarded our visit as thrown away. Hunzinger is-a large, athietic feliow, with a strong, square face and a quite prepossessing appearance. Hie was as quiet as a baby, and responded to our | overtures for a conversation with Lie uimost poiite- Pawnee from Shipwreck on the Bahama | Nassau and the | dust from oats be | one to his adopted Jather at Harrisburg. iter he calied to attendant to get him | There was no | his Excellency Sir James | go from the Consw, promptly ordered her Majesty's | | Captain Sharp, with the Philomel, arrived at Litule Harbor Cay yesterday evening, about elght | betore the paroxysm was at its -height. | caution ts absolute'y necessary. o’clock, accompanied by the Consul and Mr. F. C Whitehouse, of Chicago, and then, getting ready towed the Pawnee some ten miles beyond the Str rip Cay Lighthouse, arriving there this morning, and then places his pilot on the Pawnee to take her across the Bahama Banks into the Guill Stream, on her Voyage without further assistance. ‘The officers of the Pawnee are under the greate obligations to Mr. Chance, the Unitea States Cs at Nassau, for his exertions“n their behalf, and to | th vernor of the Bahamas, as well to Captain Walker, of the Philomel, for kindne: relief. PAWNE GENERAL NEWS ITEMS. | berous this yi game trapped wiil be sufficient to pay the ta | the townsnip. {ndianapolis is much excited at the discovery of | the fact tat at least two organized gaugs of body- spatchers have been operating in that city for the | past tWo months or more. Statistics in a Troy journal go to show that in Co. hoes, N. Y., A capital of $3,252,000 1s employed inthe | manufacture of kuli goods, giving emp oyment to 4,941 operat ves aud turning out | 360 worth of goods annually. Amanin Kansas City, Mo. set of furniture made of tne tree on which ts father was hung len years ago. Twenty-three ice companies are now in ope: on the isennebee river in Maine, with seven houses, having & capacity Of 403,509 tons, Maine, desvite the march of good (ur-producing St ove Caught every year, whlle an average of 1, and 4,000 mink skins ave sent to the market yeariy. The caribou, or reindeer, Which had almost disap- peared irom the State, have become quite numerous of late. The rains on the Pacifi cient to secure an abundant Wheat crop. larmers are plauting as raptdly as possib! The Senate of Indiana and Lieutenant Governor Cumbick do not agree as to whether Mr. Burson 1s amember or not. The Clerk will not call his name, the Lieutenant Governor prders it objects, the chair overrulés the point, and the ma- Jority overruies the chair, of tion ight Is still a are believed to be suMi- California at | done, A member | teamer Philomel, Captain Walker, Royal Navy, | oue of hus terrible ft mmmandng, to the assistance of the Pawnee. | by this time become ness. Without any fincese on our part he told his story in a few stmple words. His real naine ts not Hunzinger, but Fallmer, He had been adopied by an old gentleman named Ren- jJamimimn Hunziuger and his wife, who reside at No, | when he was ; 607 East State streez, Harrisburg, about cight days oid, parents until he was twenty-ene. He ieit Har burg to attach himself as doorkeeper to Robinson's circus. He has for some time veen working as a farmer. He ascribed his fits to tne inhalation of was thresh We asked him if he hag pot beea bitten by a dog la Hie said that he had about the end August, been bitten by a dog, and by 2 snake also, very nearly at the same time. mad to his knowledge, Afier the saake bite his boay swelled up and became discolored, He wa kept drank for Sour days on whuskey, and flualiy got over both. We asked if he ever had its of tie He said that he had had, both at Pnil- adaiph.a and Harrisburg. Dr. Auiey, a physician of some eulneace, haa told him that they were eplieptic. ‘ihe poor ieliow asked ts to send hima paper containing au account of his case, and to send ‘Yo get the He lived with ms adopted 8 name ot th his ‘Lestameni, tu the fly-leat of which 13 written hts benefactor’s pame. He said the Testament had been given to him by Mr. Cree, ofthe Young Men’s Chris- Tan Association, and that he valued it very highly Hunzinzer’s mands were very much swollen. He sent a letter to the Hon. | said that this was owing to the fact that tney had to bind him with what iney Station. That his straggies had been so violent that 11 had taxen ten men to hold hum, and that he was v ore all over. We rose to bid the poor fellow J eyening and wish him well, when his body Suddenly stretched out, his eyes snut and a pecuilar noise was heard irom hiv. in an insvant he was in Four ati conld find at Lincoin ed forward and seized his disengaged arm ‘This pre- Had not his hands boen pintoned he would nave bitten deep into his zi | fesh, sul | to free himself from restramt, | he beganto champ his jaws lke a wild beast. and prompt | were informed that in @ previous fit at the hospital The game season has been more than usuaily pros- | Man. . rt. In one town of Lowa (Dresden) the | & dog. { | both straps and att «sald to have afoll | Mciined to ascribe his fits to ep | recetve a m ‘The gentle communicative creature of a moment before was now a writhing monster. One attendant grusped him by both ears and held his head firmiy where it is to be hoped she will be able to proceed | on the pillow to keep him from bending forward and Trending Ms breast. Stronger muscular efforts were proba ly never witnessed than the poor fellow made A sort of wail poured from his meuth at the beginning of the fit, Suddenly We he had turned himself and board so that he faced the floor, and buried his teeth in the carpet and wood, D'Atalle might well have feared to put his teeth and jaws in competition with this frenzied He next began to bark—Iiterally to bark | It would be hard to persnad? any on> w saw bim do this t¥at Hunzinger was net laboring wiih an attack of hydrophobia. The atten holding his arms were obliged to use great cautton, as, one of them Informed us, if he succeeded in get- warm or hand within his grasp in ove of these fearful fits he wou ush either as ina vice. The man’s struggles were so feartul {that we distrusted ndants, and having nothing at stake we rhonght it about tine to retire, The Rey. Wenzel met us the door, talking to tuis gentleman some time, Ile informed ns that Dr. Lang nad attended Bunzinger, and was ye While talk- rend gentieman we were surprised to ssage irom Huuzinger saying that be would like to see us. He had got over his paroxysm, ana though very much exbtausted, said he had suf- fered no pain, His sufferings arese from the sore- ness which jollowed Is vioient struggles, We called at Dr. Lang’s oMce and had afew words With that gentleman about Hunzinger e. He Suld he did not think It was hydrophopia, but would have been giad if it were, as he entertalned no doubt of being able to cure the complaint, If it be epl- lepsy, a8 Dr. Lang tipks it 1s, It is certalaly a very peculiar case. THE MURDERER RULLOFF A HORSE “THIEF. ing to the {From the Binghamte We receive the following letter from Mr. > Baliston Spa, and publish the same for the benefit of our readers, a8 It puts new light upon Rulion’s acts aud shows Where he was in the spring of 1870:— BALLSTON SPA, N. Y., Jan, 21, 1871. 1 have watcbed the case of the notonous Ruliod with a hutt, of A bill 1s now pending in the Massachusetts Legis- | anxiety, and with many others rejoice that his career of lature whereby divorced persons wll be pronibited | from remarrying until three years shall have passed after the divorce has been grauted. Mrs. Jane Hollins Randolph, wife of Colonel Thomas Jefferson Randolph, and daugnter of the late Governor Wilson Cary Nicholas, died at the resi- dence of her husvand, in Albemarie county, Va., ou the 18th ing’., in the 74th year of her ag An Indiana sheriff is perpiexed. While taking a horse thief to the State Prisou be fell asicep in the railroad car and when he awoke the prisoner was rone, He thinks he must bave got off at a station | fora drink and got left. | Mrs. Benjamin Chapel, a lady abont seventy years of age, disappeared from ber home at South Wind- hau onn., On Friday ast, and aliough search was made for her she was not found until Monday, on the plains between South Windham and Willi mantic, where she was found lying tn the snow— frozen to death, Apparently she had survived the cold and expusure Ull within a jew hours of the arrival of her friends, She had been tusaue fora ( number Of years. { | | Let ux now hope that ontiawry will soon close. You know his early carcer und his latter, but from 1880 to last summer there is a hiatus, Last ‘spring officer Beaman, of this county, arrested in Albany one Charles Beaman, alias Barney Francisco, for horse cateati While in jaii in this village be won the sym- pathy of hia jailer by u pretended revelation of the secrets of his gang, and told were some sivlen horses were. Two men by bis direction were arrested for stealing horses tn this town and tried, he acting as State's evidence. But they proved an alibi, and were discharged ou a verdict of not uilty. During the trial I chanced to go into the court room, und when I saw the so-called penitent horse thief I recos: nized none otber than the Tompkina county murderer and the ruiner of the peace of my uncle's family--the notorl Ed Rullof. After the trial he was taken to Pittsfeid, M to testify against two ot his gang in prison there, and whils there accomplished his destred end—un escape. ‘This was m July ia) ice more at Iberty he left for parts unknown hereabouts, till his arrest in your clty, although he had the ellroutery t9 write to the jailer here, boasting of his escape. tice will be meted to the villain, and SEREMY SCHUTT A panther is said to be prowling about In the ‘the gallows obtain its neighborhood of New Windsor, N.Y. Report says he flees Irom men, devours sheep, and dogs give him a wide perth. by concussion of | ‘The prisoner was | Ve of | ‘The dog was not | idants, who had | cquainted with bis habits, | We stood | (N. Y.) Democrat, Jan. 25.) | THE COURTS. Preference Claims in Bankruptoy—Admiralty Onse—Diamond Smug3ling Cass—Action for Seaman’s Wagos--Breach of Promise—Decisions. UNITED STATES DISTRICT COURT—IN BANKRUPTCY. Pretcrence Creditors—Important Decisio: Bofore Judge Blatchford. Inthe Matter of John ©. Kohleat we. Henry L. Hoguet et al— In this case Judge Biatcbford has refidcred the following decision :— Thir case comes direct n the cave of in te Blac! within the deciston of this Court | (2 Benedict). di insolvent, Kuffered bis property to be taken 0 PI | on behalf of the defenda. oreditors of his, with the in font to give them a preference, and the defendanie had time reasonable cause eve that Insolvent, and the | transaction was in ' Of the provisions of the Bankruptcy ack, and the transaction took place withia four ‘months before thé filing of the peuition in bankraptey. It was a fraud in the act of the debtor AG and for the defendant to take, the preference, wil e {ntent on the part of the debtor that {t uhould be a profer- ence. the debtor being insolvent, and the defendants having reasonable cause to believe so, and reasonable cause to believe that the deptor intended the pretereuco, The fnsolvency, the intent to give the preference, ana the doing or suffering the thing which works the ference, are the elements on the part of tor. ‘The elements on the part of the creditor are the receiving or being benefited by such thing, the having reasonable cause to beli the in- folreucy of ie debtor and the having reasonaile cause to evo that a preference {fs intended, These six elements must coexist, but nothing else {a necessary to make the transaction vold jf challenge! by tho assignee in bankrupt In this case the defendants obtained tI | in due time, money which they realized through, logal process, tn- teuding to keep {t at all eyents, and fotending to keep it as a preference, if it should be a ety} knowing that dt must be a preference if the debtor should fafl to Induce the rest of his creditors to t f forty cents o1 the dollar. The bill alleges suiictent tacts to show that ( debtor suffered bis property to be taken, within the meanti of the act. There must be a decree for the plaintiff for the amoupt received by the defendants, with costs, 1 eels Belxos for the plaiutif; A, Blumenthal for the de- endaut, UNITED STATES DISTRICT COUAT—IN ADMIRALTY, Action for Scaman’s Wages. Before Judge Blatchford. Edward Kleinschmidt ve. the Ship George Green—This case, reporied in the HERALD of yesterday, was resumed at the sitting of the Court. Some testimony having been taken (ho Judge took the papers and reserved hia decision, The further | hearing of admiralty cases was adjourned till Monday. UNITED STATES COMMISSIONERS’ COURT. Charge of Smugeling Diamends. Before Commissioner Osborn. The 4 States ve Ae @. Rarleti he defendant is | charged with having smugsled $80,000 worth of diamonds | Rito this country from England. H, C. Justice, I. 8. Emond | Colonel Whitley, Chief of the secret Service Department, and A. B. Newcome were examined in support of the charge. I was sworn that the defendant had made o statement to Jus- Lice that he would smuggle the diamonds on shore, from the English steamer, in nis boot drawers, and eocks, and’ (aat he nad told Colonel Whitley that’ he bad not assed the diamonds through the Custom House. The case ‘or the government has rested, and the further hearing ts ad- journed to the 8d day of February. COMMON PLEAS—SPECIAL TERM. Alleged Breach of Promise and Seduction. By Judge Joseph F. Daly. Julia Ferback vs. Morit: Jonas.—This was @ motion made by Mr. Levy to vacate an order of arrest, The action was Drought to recover $25,000 damages for breach of promise of marriage, and seduction under sald promise. In the month of April last the eame case was commenced in the Superior | Court, where an orier of arrest was granted, and after the | defeniant was arrested the parties came to a settlement, the Piaintif executing a general release under seal ‘and ber attorney signing & discontinuance of the ae- tion, In Deoamber inst plaintiff’s attorney again | appiled to the Court for an order of arrest in the same cause of nection, setting up an additional count, to the effect that the defendant had promised to marry the p feduced her. On this anotuer order of arrest was granted, holding the defendant to bail in the anm of 2,000, on which the present motion fs made, upon afiidavits, alleging that the prostitute and is attempting to extort money letendant; that although he never promised to marry her, yet, in order to “buy bis peaco,” be settled with | her aud gave her forty dollars, for which ebe signed a general | Telease, “Judge Daly took the papers and reserved bis de- cision, trom the COMMON PLEAS—TRIAL TERM—PART I The Werking of the New Jury Law. The January term of this branch of the Court of Common Pleas was brought to a close yesterday, every caso which wasready for trial haying been promptly disposed of by | Judge Larremore and a moat efiicfent pane) of jurors. Judge Larremore took occasion, before discharging the Jurors for the term, to compliment them warmly on their | punctual attendance, commenting on the beneficial results of | the new Jury law, which brought to the jury box men of the highest intelligen’e and integrity from the great commercial corm unity of the inetropolis. MARINE COURT. Decisi By Judge Joachimsen. Bove Franklyn Sones ve J.S- Backus.—Motion for a new trial denied and judgment ordered for the defendant and psainst the plainilit, “with costs and twenty-five dollars al- lowed. COURT OF GENERAL SESSIONS. Before Judge Bedford. . SENTENOKS. James Barry pleaded guilty to stealing $150 worth of human hair, on the 7th ot January, from Letitia Hamilton. He was eent to the State Prison for five years, being an old | offender. Lewis Fielder, against whom were two ind'ctments for | larceny, and who pleades guilty to stealing an overcoat worth thirty doiiars, the property of Wiliam H. Scovill, at the | Grand Ceatr.1 Hoiel, was also sent to Stag Sing’ for five | aries Rastaettcr, who admitted a few days ago that he | ry in the third degree, was eentencea to | year. ded ‘guilty to Blackwell | sand Henry Orr | masanit and battery, and were sent to an attempt at grand | "a Island for ons year. | ance pleaded guity to | to the Island for three | ty to forgery ip the fourth Prison for seven anys. | i } “"Wiiham Smith pleaded guilty to an attempt at burglary in the third degree and judgment was suspended. | In all these cares Tact and circumstances in exten-iation | of punishment were presented to Judge Hed(ord, principally | the fact of previous good ea and the first appearance of the accased before the eri ‘These considerations | weight with th ho believes in giving | | have alvwa h ; ra of respeciabie antecedents a chance to redeem | ANOTHER ALLEGED ANORTIONIST IN COURT. Harry Russeil, a genteel looking fellow, was brought be- | | fore his Honor. "District Attorney Garvin’ said that the ac | cused was jointly indicted with Amelia Armatrong, alias | Madame (ubors, charged with committing an abortion hpona | girl named Kati Hulse, tn September; that the evidence Against Russell was very siight, the complainant swearing | that the Madame performed the operation at the instigation of her reducer. ‘rhe complaining witness couldnotbe found, and therefore ‘the prosecuting officer consented to his dis: charge. : ‘Judge Bedford, in discharaing Russell, sald that he (tho prisoner) might learn from the lesson of ‘yesterday—alluding to the sentence of “Dr.” Wolf -cuat all ‘professional abor- | Hlonists brought before him, notwithstanding their reputed | wealth, would have Justice meted out to them when con- victed by juctes. DISCHARGE OF THY GRAND JURY, The Grand Jury, hacing completed their labors, were dis- charged with the thanks of the Court, BROOKLYN COURIS. UNITED STATES DISTRICT COURT. The Boxing aud Stamping of Ci Before Judge Benedict. Unite! States vs. Allert Foser.—The defendant tn this case, | which was reported in the Hrmany of yesterdy, was | tried for violating the statute in regard to the | | boxing and stamping of cigars, &e, Sixteen boxes of clzars were seized at his place in Atlantic street, but during the trial, when counsel for the detence , Eniled’ upon the District Aitornoy to produce the, elga comit, not one of them could be fou The evideo - mitted by the goverameut 80 convinced the jury that Foster was guilly that they rendered a verdict against him, and he was Fema nuded for sentence, Three Mouths in the Penitentiary for Tilega) Voting. William Donahue, alias “Notey," was indicted for having voted illegally at the last elec He pleaded not gulity. | His counsel submited the aidevits of two physicians getting | forth that Donahue was an ibeciie in mind, and in view of thia fact and of the fact that he had been {mprisoned nearly | three months Judge Benedict Was lenient and sentenced hima to the Penitentiary for three monthe ouly. A Colored Man Cony.cted of Repeatiag. ‘Thomas Jackson, a colored man, was placed on trial yes- ferday afternoon on the chi having voted twice at the last election, The prosecution sought to show that after | voting once he went to another polling place nad voted the State tieket, and witnesses were examined to prove that bis votes were passed and laid oa the boxes, The cowa- | sel for the defence, Mr. J. H. Clayton, pnt in evidence the poll book, which showed a blank opposite Jack of the imapectors testiied that Jackson's votes pot received, und others swore that the votes were only laid on the ballot boxes and that Jackeon only put up two votes (Ward and Inspectors’ tickets) Instead of the whole five. The Jury found the prigoner gullty and recommended him to merey. An Alleged ficit Distiller on Trial. United States ve. Thomar Sullivan.—The defendant was in- dicted on the charge of having been engaged in the distillery | business without paying special tax, near the corner of King | rs. | ‘gna Conover streets, during last summer. Testimony was introduced by the District Attorney to show That Sullivan. carried. on the. business thero and worked In the distillery and carried the molasses, and by an- other who Was associated with the defendant {n some way or another. ‘The case for the prosecution was closed, after which the court adjourned. SUPREME COURT—CIRCUIT—-PART I. The Action Against the Brooklyn Lile In- surance Company—Damages Awarded. Before Judge Pratt. Thomas Joes v% The Brooklyn IAfe Insurance Company.—The plainiiff sued the company to recover $2,000, the amount of & policy ou the li/e of Isaac Newayng, late of Newark, Ni J ‘The case Las already been reported in the HERALD. } that Newning wag a habitual drank ‘hon the appiteatton foi The jury. however, rea: Seausaee of 2 | ed & lone of ! objected to u ; todo either of these things, | miles—in forty days from date, made some 175 barrela of whiskey without paying special | tax aa distiller, ‘This testimony was given by two men who | NEW ‘YORK HERALD, SATURDAY, JANUARY 28, 1871.-WITH SUPPLEMENT. ; coverd. Hester Dwinello vs, F. W. Walker.—Platatiff and defendant are cousins. Hester brought suit to recover the sum of one val she deposited with Walker, who never returned to her, Toney fo apcoulaie with for ber besatte Aaaieet Seas iit fost iu logitimate speculation, |1t was firther claimed wan touter anf loss restticg fous he penta Jury found for plaintiff for the full amount clal Mere Losing Speculations. Toxeph Gregory ve James M. and Alfret A, Drake—The Platotif sues the defendants, who are stook brokers, to re- cover $2,000 which he claims he gave them on May 2%, 183 to purchase at the first cail of the Board of Brokers 200 sharen of the Pittsburg Fort Wayne and Chicago Railroad stock. He that they failed to do so, and that fn con- r disregard of his instructions he has sus- $2,000. The defendants deny having received such {nstruction, and state that they were to purgbase this stock on the pre. vious gai @ iver it on the 22d. Plajotif agreed to ‘is. Thoritart or allege that in consequence they wore out them- fel which amount they claim, with tntorest from date. Case on, SUPREME COURT—<IRCUIT--PART 2. Alleged Outrage on a Married Woman— Action for $5,000 Damages, Before Judge Tappen, George Engetharst, Administrator of Marie Spats ve. James Zyons.—This is an action for the recovery of $5,000 for the lous of the deceased, Marie}Spatz, ‘Ihe allegation 1s that this woman died from the effects of injuries received’ _ during an outrage perpetrated on her by the acféndaat in October, 86%, at” Kast fer York. Au action was brought against Lyons in New York to recover for tho injuries inflicted, and the jury rendered @ her favor for $2,600, and this verdict was set aside by the General Term on tho ground that the declaration of Mrs, az should not have boen admitted. Mrs, Spatz died on ¢ bth of January, 1867, from tue eifects, as charged, of the injuries alleged to have Veen committed. (he defence is a goneral denial, Counsel for the defence Admission of the wife's declaration, which Wasruled out by Judge Tappen. ‘Tho testimony Of the Humaud was ag to the previous healthy condition of his wife and the loss he claims to have sustained in consequence of her confinement after the alleged outrage. Case on. SUPREME COURT—SPECIAL TEAM. The Statute of Limitaiions and the Titles to Real Estate—An Importaat Case. Before Judge Gilbert. Charles Re Tynde vs. Edward Baycr.—The plaintift brought this action to recover the purchase money of lands in Brook- lyn. Defendant contenaed that the title to the land was not good, that the lands formerly belonged to one Birkbeck, who us, Tht verdtet in Tnorteaged them to the Loan Commissioners of Kings, who foreclosed the mortgage in and ue" Premunea were ‘bongut in by ‘the State, “which onveyed tt to the plaintiff's father, ‘The’ courts jave held that the foreclosure was iegal. Platntiff insisted bal having been In possession more than twenty, years the eirs of Birkbeck were barred by tho statate of limitations from bringing any action. Defendant's counsel ingisted that the premises being alli! ownod by plainuf he could not recover the purchase money, but only damages, being the diference in price between whut defendant was to r what the lands were worth at the time of the broa aio. tiff {naisted that though such was the rule in Englaud {t was diferent In this State, where, 1f the vender offers full oer- formance he {s entitled to the whole purchase money, and #0 the Court held aud ordered judgment for plalutlf for B31,700, with mierest from July 2, 1 COURT OF APPEALS. ALpAny, N. Y., Jan. 28, 1871, The following ‘a the Court of Appeais day calendar for Sanuary 28, 1511 Cases 64, 6554, 66,63, 10, 11, 75,7. A JaIl JUMPER, Esczpe of Another Convict from the Raymond Street Jail—The Notorioas John Irwin, tho Barglar, at Large. That the Raymond street jail, in Brooklyn, is -neither well enougn guarded or strongly constructed to prevent the escape of expert jail birds was abun- | dantly proven yesterday fo the skilful fight of John | Irwin, the notorious burglar. It may be remembered by the readers of the HERALD that onthe morning of the ist of January | last this Irwin was badly wounded in the right Shoulder by either one of tis “pals” or ofMcer McCarty, Who arrested him, and while he was en- deavoring to master the oMver and make his escape from the vicinity of Arbuckle & Co.'s coffee and spice mills on Front and Water streets, where he had been trying to break into the office safe. Irwin's confederates escaped at the time, but Irwin's con- fession, showing that they were members of a Sang which tifested New York and Brooklyn, and committed some DARING ROBBERIES, they were shortly afterward airested through the efforts of Superintendent Kelso, of New York, and Chief of Police Campbell, of Brooklyn, and are now 10 jon awatting trial, The wound sustained by Irwin was found to have been of a very serious nature, the surgeoa being unable to extract the bail,and the wounded bur- i gr was Incarcerated in aceil at Raymond street jail, Where be was not very stricily guarded, being | thought too much used up to attempt to escape. IKWIN'S CELL Was one lately formed on the third floor for the use of imprisoned debtors, ot which ne was the sole oc- cupant but one. On Thursday nignt the keeper Visited him and apportioued tim his rations as usual, and at about two o'clock John Warmouth, who occupied the same room, states that he saw Irwin engaged in making a bow! of broth in a cool and caiculating manner. Shortly afterwards, how- ever, Irwin went into a water closet which comimu- nicated with the room and soon was gone. The | adroit thief went to work, and, after considerable quiet exertions, broke A HOLE OF ABOUT A FOOT SQUARE, through the wali of the water closet lato an adjoin- ing room, which was unoccupied, ge squeezed him- Self through this narrow aperture into the empty ; Toom, the door of which, leading to the passage way or hall, he foand was unlocked, lessly through tnis corridor to the stai tag to the second story, and from thence down to the first Noor, which is eccupled by the keepers and where the miin hail is hghted at one cad by an unnarred Window. No one was stirring, aud’ the burglar, turowing open the window, LET HIMSELF DOWN GENTLY into the jatl yard and shook off from himthe prison aur, ‘The next obstacle to be overcome was the gates, This was appareatly casily done, for it was found in He passed notse- the morning that the staples had been forced off and | the gate open, Irwin had fown, and the fact caused no slight com.otton in the jail yesterday and | among tae police odicials, Sheri? Walter Immediately communicated the fact to Chiet of Police Cainpvell, and ihat oMetal, afier having sent forth his keenest detectives to seek the burglars, notuied Superiutendent Kelso, of New York, of the transaction, and requested his co- operauon lo secure the speedy rearrest of Irwin THE ALABAMA AND CHATTANOOGA RAILROAD, OMATTANOOGA, Tenn., Jan. 23, 1871. The Chattanooga Datly Times coutains a report of an interview with J. ©. Stanton, general superin- tendent of the Alabama and Chattanooga Railroad. He says the reason the January interest was not paid by his road on the bonds endorsed by the State of Alabama was that it mignt be ascertained if the present admin stration of Alabama would recognize | the validity of the bonds issued by the last Legisia+ ture in aid of ratiroads. He was odered all the money he needed if he could obtain from Governor Lindsay @ promise to recommend the present Legis- lature to acknowledge the bonds ur agree to extend the ume, But Governor Lindsay positively refused iW has provided money to pay ail the ting debt and complete the road—which now jacks only forty He will then pay the interest on his bonds, and will ask no more ei- dorsement from the Stale or Alabawa, PERSON L NOTES, Mr, Silas Hudson, United States Minister at Guay temala, who is now in the United States on a brie leave of absence, was in Buitimore on the 21h inet.} as'the guest of Mr. John L. Thomas, Collector 0 Customs. Mr. Asa Brainerd, late pitcher for the professioval nine of the Cincinnati Red Stockings, and at present the captain and pitcher of the Olympic (professional) Base Ball Club, of Washington, was married in Cin- cinnatl on the 23d Inst, Mr. H, G. Wilson, Vico Prostdent of the National Capital Life Insurance Company, of Washington, D. | G., ts in Cincinnati. The rebel General Jubal Early 13 said to be dying of consumption. Governor Geary, of Pennaylvania, was the last Alcalde of San Francisco, in 1860, and its first Mayor. Miss Emma Baxter, of Lima; Bridget Sweeney, Margaret McGarrity and Mary Madden, of Cleveland, Ohio, took the black veil a few days since. EX-PRESIDENT Prerce’s Mose —A_ corre. spondent of the Provideuce Journal thus describes the monument recently erected over the remains of ex-President Pierce, at Concord, N, H.:--“1t stands upon @ base of hammered granite, two feet high and forty inches square. he plinth ig two feet three inches square and ten the die twenty inches square and two feet two inches high, cap thirty inches square and ten inches high, while the sub-plinth is twenty inches square and ten faches bigh. The enait is fourtee juches square at the vase and cight atthe top, an 1g seven feet high, and Js topped with @ cross eighteen mches high, twelvo wide aud four thick, ‘ne cross 18 beautifully draped with folds, The height of the entire monument is fifteen feet. It 19 of the finest Itaian marble, every part cut from & single block, thus insuring evenness of guallty and of color, The die and the shaft are finely panelled | and mouided. All the proportions are good and the eifect of the whoie is very fine, No high-sounding or eulogistic phrases mar its simple beauty, The Rae beara the namo of ‘Pierce’ in raised Roman jettera, while on the die ts, ‘erinkitn Pierce, born . 1804: died Ootober 8, 1869." ” Novembel inches high, | | Ing its equipment. It has not | Year out of those’ gross earning | : regards the holders of Stanton says he | ;rhet | they ANOTHER ERIE RAILROAD RUCTION, Another of the Interminable Suits Against the Erie Railway Managers Before the Supreme Court General Term, Attempt to Get a Dividend Out of the Con« cern—How the Old Thing Works, Court General ‘Term without some Erie Ratiro: suit coming up for adjudication, Judges and Cardozo, whe occupied the bench yesterday—« Judge Ingraham not having yet recovered from thé freezing process of the day previous—had their ate tention occupied nearly all day with the case of ‘John B. Peck vs, Tho Erle Railway Company.” This case has been so FREQUENTLY BRFORE THR COURTS that public familiarity with it 1ong since reached the ad nauseam point. Briefly told it 1s thi ‘The plain: Uff is the owner and holder of sixty shares of Erie Railway preferred stock, and brought this suit on behalf of himself and, as he claims, for all others similarly situated, to compel the declaration payment of a dividend upon the preferred stook the company out ofthe net earnings of 1868, Tho road claimed that there were no net earnings real- ized by the road that year. The plaintiff insisted there were, but that the same were diverted inte other channels, in violation of the contract by which the preferred stock was given and received. Tho reiereo to whom the case was referred rendered a decision in favor of the railroad, and hence the present appeal, ARGUMENT FOR THE APPELLANT. Mr. Thomas Daritagton made the opening argu- ment for the appeal. In his prelimtaary statement 01 the facts he claimed that the contract regarding this preferred stock specifically set forth that the same was given and received in payment of the un+ secured indebtedness of the Erie Ratiroad Company bj the decendanta, He referre to the. payment by the dd of interest on their bonds subse juenily gtvi 01 ions pounds sterling Joana hem as the of the sale of such bonds, and the payment by the defondants of large sums rent for certain branch roads and connections by the sald Erio Railway Company subsequent to ¢) issuing and celivery of the preferred stock; that th complaint claims that such payments were in derogatio Bt tue righte of the plalntlit a8 such proferred shareholder that the answer does not traverse these allegations exoo; by asserting that the “net earnings” were not enow: to pay any dividend; that the el. hth and tenth findins of the referee show that the decendanis pald out of their earni: for the year 1858. the sum of 342,995 89 for rent of other Tall Toads subsequently leased by them, and also the sum 424 65 for interest on said sterling bonds, being mon orrowed the defendants subsequently to) thor ance of the contract with the-preferred stockholders, an that the onty question, therefore, was whether those st pre pro apart of the current f the sald d endunts and to be paid before the ‘1 ings," as tho Worda aroused in the contract with the plain’, ean be ascer- ined. Of course there could be no session or the Ration to FIRST POINT was that th rest due on the sterling bonds, though ¢ just cebt as against the defendants, was subsequently ine burred to the obligation of tho defendants to the holders of he preferred stock, and under thelr contract with the bond. olders the defendants are not justiiied in paying that inter, est aa apart of the current expenses prior to disc! their obligations to the plaintiff and those fu like cond with bis, BEOOND POINT ‘was that the rents due for leases of other ra{troads hired by the defendants subsequent to thelr contract with the holde: of the preferred stock are not properly current expenses h tock, and that the righta of ee respective parties to this action can only be determined fro interpreted by the situation of the contract between them, the respective parties at that time. His THD POINT was that tho trae relation of the holders of the preferred stock to the defendants, no matter what the name of thel claim 18, is that of creditor, and that they do not have W control of the road, do not elect it# officers and can only re- celve seven per cont interest on the amount of their debt, ne matter how great may be the profits of tae road. “Hie FOURTH POINT \ was that the judgment appealed from is erroneous, and should be reverted, and a new trial granted. ARGUMENT FOR THE BAILROAD, Mr. Thomas G. Sherman, of counsel for the: ral!road coms pans, in bis preliminary statement of the case, presented rue lawyer-tike fashion a somewhat differeat state of fa from thé opposing counsel. He insisted that the pleadi and evidence showed that the “New York and Erie Rall was old under a foreclosure of iortgage, pursvant to a agreement by which the purchasers un k to form new company, in which the unsecured creditors of the o! hould be made owners of the preferred stock, ai time the new company was formed the acquired by it was subject t five mortgages, executed by th Qld company, nnd a considerable amount of” property jar by the old company was transferred to th sii th with certatn rents paid semt-annually, He i: ner that the pleading and evidence also showed nce 1t8 organization the Railway Comy bi acquired a large amount of otho1 rOperty under veass, ani fa Teta routs Ot tulb uddiduust propaity to the amount 107. It has also issued certain bonds, known as sterl- ing bonds, for the nmount of $4,544.00, bearing Interest golt, mt meven per cent, "and ‘paid this interes Amounting tn currency to wib8,404 In 1868. The money foi whien these bonds were Isened has been used in repairin, the road of the company, which was very much out 01 cf aad in supplying and repisa- been used fn the construction of new works, The property held under lease, he clal was rhown to be absolutély essential to the transaction of the compa: business. and that the largest {tem of rent der leates taken, by the new company since Ite organiza. tlon was for the’ Buffalo and Erle road, which tur nishea only outlet to Buffalo, through whic the part of the company’s ‘through’ busin Iso been paid upon notes given by the # and for inoney borrowed from tme fing In all to 968.409. "Deducting from tha ‘arnings of tie company for 1868 the running ex: , the rents pald for leased property aid the Interest ponds and notes, therd fs no question, that nd Amount fs leit appiteable to the payment of a divitend om ered stock, “Whe only ois as to the fu and in a dangerous condition, pli ¥ was that the Erie Ratlw. during the year 1333. Tb must meag the gross earnings of the corporatfon, after deducting all expenses of every kind which were payable in the current Rent and interest of every enses, His BEC was that the “mortgage interest” and “delayed coupons," which ara mentioned jn the contract set forth in the com: t earnings” t earninge' ind are part of these current plaint fn the atatute under which the Erle Railway Company Was ‘organized, aud in the certificates of preferred stock, clearly refe od hearts - t6 the interest due upon the bonds of the Ne York and Ene ki: 4 Company. ‘There never were any delayed coupons of the Erie Katiway Company. At the time thatthe contract wat maie and the charter enacted that company had executed no. nortan, and was lable upon none; while the New York and Erle | Railroad Company had executed five mortgages, and pay. ment of the coupons on its bonda had been delayed for or four years, The object of the contract and of the cbarte was to secure payment of this back indebtedness; whil to the future, it Was intended to cover the whole ground bf the phrase “net earnings.” It was necessary to be thts ex , pilelt in providing tor the payment of debts of an entirely distinct, corporation, iuasmuch as wan essential to avold assuming ‘any liability for the general debis of that corporation. Theso specific obligations ‘or “mortynge interest” and delayed coupons" were there: fore expressly mentioned as debts which were to be paid out Of itsearnings. The reason that the name of the old com, pany was not parti aay) mentioned, either in the charter of the’ new company of in the ’ certificates of stock, was that the contract in which the phrase first oo: curred was made before the new company was called into existence, end, by its entire purport, showed clearly that St referred only to the New York and Erie Railroad Com. pany. It would have been entirely superfluous, In preparing articular clauses of shat contract, to epecity the corpora, non to witofi they referred, when the whoie contract referred to but asingle corporation. aWhen the chartér of the new company was drawn, this clause wax copted literal from the contract made by the creditora of the old company with a view to Its reorganization; and the certiticates, of stock of course copied literally the charter. Tho mortgage interest and delayed coupons of the old company have now been fully patd, ana the preferred stockholders are entitied to their dividend if the net earnin, for the current year are suflicient to pay it, All interest pay- able vy the conipany stands upon the same footing, 80 far ae the rights of preferred stockholders ure concerned} tha ciause relating to mortgage interest. having nothing to do with the mortgage intercet of the Krie Railway Company; and the ony question to be deciled tt any interest can be deducted from the gross earn fogs, fo order to ascertain the vet earnings. Unies It cay all be deducted no part can be, whether such interest arosé Uupos @ mortgage debt or not. ‘The correctness of these pro- oattions is Weil established be the familiar rile that a con. be interpreted with reference to the circumstances under which it was mado. His THIRD POINT was that the preferre! stockholders are members of corpora'ion, and cannot be entitied to any adv: which would cithar be fatal to the existence of the corporation or woul! {mpair the rights of {ts croditors. No contract be: tween the stockholders can give to any or all of them any such advantage. They must neces stand or Cali with por 80 long ax the corporation has any protita and which are ‘Dot needed for payment of the the corporators may give what preterence ase Among — themselve they cannot makeany contract which shall deprive crotitors, whether existing or subsequent of the benoit of toe corporate fund ‘Though there should be a hundred p 5 holdera, yet a creditor of the corporation n dence of all, ‘tho on debts PURTH POINT the company was Inor. was that the statute ni orated (Laws oC 1831, ch, 119) waa wot intended to ‘erred stockhoiders any preference overcred:ture, not be construed as having th nd shoul was that {ftho plaiotiti's n of the contract and the charier was cortect it would result in tho practienl sul: ¢hie of the corporation and the destruction of the plaintiff's own property. The SIXTH POINT. was that the Erle Rallway Company has full row money, to Issue bonds and to 4 in no way bound to rubordinate th interests of the preferred stockholder SEVENTH Port yas that the clatm now set up by the preferred stockholders, that they are In substance crodiuors of the corpor tion, 1¢ wholiy unfounded. They are not, and never were fis erodi: be _ RLGHTH POINT was that in Great Britain and Ireland preferred stock hav for many years been an ordinary feature of railway Invest ments; dnd ft te weil settlot thare that auch stockholders are entitied to a dividend only after the payment of all the ourrent Habflities of the corporation, including fl! tatersst And the rents of leased lines. The NIST Pony wasthat plaintiff has no right to bring an notion for any dividend on bi tock nati that dividend has been declared i “¥ as much ag avy common stockholder, and h power to bor. ¢ rallroads, and that tt rights to’ the special Tho tors in any sense. the directors of the corporation; that he {#4 stockhoi hat he, eame rights and only the same ‘remedies, Thi directors chosen all the stockholders, | And epresont the | holders of | preferred stook i! as much ns tho holders” ot "common stock ¢ Board of Directors is @ tribunal selected by the stock: jolders thorascives, to determing whether or not ang divi- lend has beon earned. If the directors err in their decision upon tlis question an ageriaved stockholder haa a further remedy by applying to the Leas of stockholders in thelr an- naal mecting, and is bound lo exhaust this remedy before applying to the courts. Th TRNIM POINT hat the answer sets Corth a completa defence wid be airmod. Al tin