The New York Herald Newspaper, February 22, 1871, Page 8

COURTS. THE Bguity Calendar—Charge of Perjury—A Will Suit—Action for False Imprisonment—Busi- gest in the Court of General Sessions. UNITED STATES CIRCUIT COURT. ‘The Kquity Calendar, , ‘The equity calendar of this court for the February term (except appeais in equity and reviews in bankruptcy from the District Court) will be held by Judge rad in the District Court room on Monday, ALY 27, at eleven o'clock A. M., and eases On it Will be assigued to be heard by Lim ‘G@uring the two weeks cominenciug March 24 WRITES STATES COMMISSIONERS’ COUT, Oharge of Perjury. Before Commissioner Suiclts, 4 The United States vs, Alexander Oristatar.—De- fendant had been charged with committing perfury am a bankrupicy case. He was arrested some tine ince and released on pati of $10,000. His bailran out. Yesicrday be appeared beiere the Commis- sioner and renewed i to appear for trial when walled, Alleged Counterfeiter. The United States vs. James Harper.—The ae- Seucant, who kecps a liquor saloon at 298 Green street, Jersey City, was heid for exammation by the Commissioner on a charge of having attempted to pers a fifty and @ twenty-five cent stamp upon a sa- Joon keeper tn Grand street, New York—one Juden— im payment for drinks. Its claimed that the de- fendani, when arrested, attempted to destroy other bogus staMps Which he had in bis pocket. A Cigar Cxse. Before Commissioner Davenport. The United States vs. Charles Eggerding.—De- Fendant, a elgar manufacturer and dealer in the Bowery, bas been held to await the action of the Grand Jury on a charge of having packed cigars in boxes thal bad been previously used, SUPREME COURT—CIRCUIT. Reit Between Two Sisters, Growing Out of ‘Their Mother’s Will, sefore Judge Sutherland. Borah C. Hatch vs, Clara M, Pinguct.—The facts connected with this suit having been fully given in the HeRAvp in an action brought before the Supreme ®ourt, Special Term, it ts unnecessary to recapitu- Mate the entire details, The plaints and defendant are sisters, and daughters of Dr. Hogan, who died 4m this city several years since. Their mother, who survived her husband, died April 20, 1867, There is a third daughter, but sbe has re- ured @ convent and 18 no party to ie present proceedings, which are brought Wo set asaie (he Willol Murs, Hogan anda deed of hers giving and conveying the bulk of her estate to the defendant, Lhe property comprises real esiate On Madison avenue and in Macdougal, Eleventh wtree( and other streets of the city, the whole con- stututing a valuable estate. Nothing whatever was Biven to the plat. It ts claimed on behalf of the Plaianm that the will and deed were procurea trough undue influences upon the deceased by the weiendant and her husband, Dr. Pingret, with whom she lived several years prior to her death. Mr. Roswell D. Hatch, the well known lawyer, 1s bus- band of the plaintts, and, alter the death of Dr, Hogan, had charge of the estate for several years, ond wader his management, it is claimed, ratsed it from a condition of mere s@oivency to paying @ rental of $25,000a year. [tis quite a mixed up case, and the trial, which began Yesterday, promises to be one of unusual mterest aswell as length. The Court sat ull ilve P. M, listening to the opening of the case by the plaintifi’s counsel, ex-Judge Cowles, with whom are also asso- claied Mr. Edwards Pierrepont and Mr. Stoughton. There is a goodly array of counsel on the other side, inciuding the Coudert Brothers and Messrs. Stew- art, Lane & Thomas. A Superintendent Paid for Services, Wilson vs. McLecon & Lints.—In this case, the par- ticulars of which were reported yesterday, being a suit to recover $2,000 for alleged services In snperin- tending t/+ construction of two steamers for the de- Fendants, the jury gave a verdict yesterday for the plaintly. The verdict was for $2,910, covering inte- Fest and costs of suit. MARINE COURT—PART I. An Action for Fatse Imprisonment, Before Judge Joachimsen, John Rev vs. Henry Kearney.—This was an &ction for faise imprisonment and malicious prose- cution, damages being laid at.$1,000, The plaintt claimed that on the charge, of which he was inno- cent, of purloining tweuty-five cents from the till of dejeudant’s grocery store, he was arrested, locked up in a cell at the Charlies street police station and bailed to appear at the Special Sessions; that on his subsequentiy being brought there, no person appear- Ing against him, he was discharged, The defence was that one of the employ¢s in the store, having seen plaintuf take some small sum, he was directed to watch him; that he did so and after counting the cash on hand one morning and leaving defendant alone m the store & moment, on bie return he found this sum missing; that this was communicated to defendant, when he caused his arrest, Asa reason for non-eppearance an court defendant stated that he was delayed in coming dewa with his witness, and that he arrived Seg in time to see Retd coming out of court after is discharge. The case was summed up at con- je length by e: ecorder Smith for plaintint ard J. G. Boyd for defendant. Verdict in favor of piainus for $100. A Bont Case. Reynolds vs. Wright et al.—The plaintiff hired his boat to defendants for the purpose of trans- porting merchandise at a stipulated price per day. The question in the case was whether defendants were jiable for certain days when the boat lay un- emplo) ei, defendanis claiming that the custom waa in their favor, The plaintif testified that he was towed to Communipaw by defendant's order, with we assurance that he should lose nothing by the delay. Julgment for plainti, $755 90, with costs aud allowance. COMMON PLEAS—TAIAL TERM—PART I. An Excavation Accident. Before Judge Joseph F. Daiy and a Jury. Sanwel D. Horton vs, Patrick McDonaid.—In this case, which was to recover damages for falling iuto ab unprotected aud unlighted excavation adjoining NEW. YORK HERALD, WEDNESDAY, FEBRUARY 22, 1871.-IRIPLE SHEET, ata tag Miata? aca ee iietinent charging him fe dollars. from, the. ‘compauy on the Teh votober. There were three charges against him, the aggre- fea city san wi attake 3 from the South wep ae aio, - The accused Ded rom the city, and nie Ys John White and sohn Lofters. a) pleaded guilty te stealing sixty doliars’ worth of dry goods, on the 18th of November, the property of Slocum vig man, The Recorder sent them to the House Of Re- fuge. ANOTHER DIAMOND ROBBER SENT TO THE STATE PRISON. . Richard eo beet vt and convicted ne arin ram larceny. eo evi 8 ou te. Srening of the 27d of uber the prisoner and a man named Henderson went into the jeweiry Biore Of William Motr, $16 Hudson street, ana asked to look at a diamond cross, and while prancing at ine counter a confederate rushed into Ure 6! oo; snaiched the cross and jumped into a wegon ald escaped, Henderson wis convicted last month and sent Lo the State Prison for five years. he prisoner defended himself, and from his tm- lent demeanor convinced the jury that he was & fellow. His associate, when arrested by Cap- tain McDonnell, ‘was found in jession of skeleton keys, and Kice had a number of blank checks. ‘The prisoner satd that his (ataer was the Superintendent of the Michigan Central Kailroad, and was worth $40,000,000; that he himself had an income of $9,000 a year, and that if he had had time he would have Pprocuced Vanderbilt and Fisk to show who he waa, Asalsiant District Attorney Sullivan cross-questioned him seveyeiy. He said he never went by the name of Sweeny; had seen aman called “Dan te Snatcher; didu’t Know Dan Noble, and declined to answer whe:her he knew @ min named Price, The Jury convicted Rice without leaving their seats, and the Recorder prompiy sentenced kum to the State Prison for five years. x Dr. Christian ‘Wuest was tried upon charge of grand larceny, Aaoiph Conrad alleging that on the Ist-of September last the accused took some furnti- ture from 95%, Cannon street to @ house m Essex street, The testimony showed that a misunder- standing arose between the parties, growing out of domestic [rot yes oni sg complainant charging that bis wie lived with Dr. Wuest aud left him, He ad- miticd that she Lad to seek Dr, Wuest’s protection when he (Conrad) attempted to kill her, The ac- gused proved his good character and the jury ren- dered a verdict of not guilty. Michael Donnelly was convicted of an assault ‘with a dangerous weapon with intent to do bodily harm, he having cut Charles Hamptman in the shouider with @ pocket kule, at a coffee saloon In Bayard street. He was ied for sentence. George Wilson pleaded guilty to an attempt at grand larceny, having stolen forty dollars’ worth ef sewing sUk, on the 16th of January, the property of Deppler & Kammerer, He Was seut to-the Peuiten- tary Jor one year. ADJOURNMENT OF THE COURTS. To-day being a legal holiday all branches of the diferent courts have adjourned until vo-morrow. COURT OF APPEALS. ALBANY, Feb. 21, 1871. ‘The following decisions were rendered in the Court of Appeals February 21, 1871. Judgments afirmed with costs—Adams vs. Blan- can, Kelly vs, Falconer, Farrugton vs. Russell, Parmelee vs. Thompson, Britton vs. Lorenzo, Wil- letts vs, Sun Mutuai Insurance Company, Litchfield vs, Jonson, Frink & Tuompsou. Judgments reversed and new trials granted—Stitn vs. Moorehouse, Durneli vs. Moorehouse, Leroy vs. Market Insurance Company. Judgment of Supreme Court reversed and judg- — ordered for plaintif, with costs—Doupe vs. enin. Order of Superior Court of the City of New Yerk Teversing judgment and granting new trial reversed, and judgment on report of releree affirmed, with costs—Couieman vs, Eyre. Following is the Court of Appeals day calendar for Hage 22, 1871:—Nos. 124, 105, 138, 142, 143, 38, 116, ie TdE CASE OF THE SHIP NEPTUNE. The Charge Against Captain Peabody and His Mates—Fearful Suffering at Sea, The further hearing of this case was resumed yes- terday before Commisstoner John A. Shields. Mr. Robert Andrews appeared as counsel for the de- fendants. Mr. De Kay represented the District At- torney.. Inasmuch as the particulars of this remarkable charge, when they were first published, attracted a great deal of attention and excited mach indignation in the public mind, we feel it due to the interests of justice to give an extended report of the evidence, embracing the sworn statements of seve. ral of the witnesses for the prosecution, one of whom yesterday testified that he had got frostbitten on the voyage; that he had held his frostbitten hand to the firs, and that, after that, the little finger of his left hand dropped off, For the present the pub- lie will judge {or themselves whether the testimony, 80 far as it has peen given, bears for or against the accused. CONTINUATION OF THE CROSS-EXAMINATION OF ED- WARD REISS, ONE OF THE COLORED SEAMEN OF THE NEPTUNE. Q. You said tnat the mate struck you at the top- sail halyards—what mate, Orst or second? A. First mate, and he then took me Into the cabin. Q. Was the captain in the cabin then? A. No; the mate took me in his private reom; 1t was his own room, in the cabin, Q. How did the mate punish you there? A. Strik- ing me blows with his fist and kicks with his foot; there Was no one else there but us two. Q. Was this before or after the captain put some. thing on your hands? A. Before. Q. Was it the same day the captain put something on your lands? A. It was not the day the mate took me into the cabin that the captain gave me some- thing to put on my hands. Q. When was it? A. It was the following morn- ing; it was in the cabin the captain dressed my hands; I went to the cabin alone and the captain dressed one of my hands; he gave me something to put on my hand. Q. Did the captain strike you immediately after dressing your hand? A. No. Q. When was it the captain struck you in the face with his hand? A. The day after the day upon which my hand was dressea. n Q. Where were you when the captain struck you whe sidewalk in Bleecker street, tne facts of which have already appeared in the HERALD, the jury have found a verdict in favor of the defendant. COURT OF GENERAL SESSIONS. Before Recorder Hackett. SMPANELLING OF THE GRAND JURY—A BATCH OF THIEVES SENT TO THE STATE PRISON BY THE RE- CORDER. The Grand Jury entered upon the discharge of their duties yesterday. Mr. Charles H. Fellows was appointed foreman. Before Mr. livan proceeded with the regular calendar @ number of prisoners were arraigned, some of whom pleaded guilty to the charges pre- ferred against them. Walter Callaghan picaded guilty to grand larceny 4m stealing a silver watch and hat, worth Forty- eight dollars, on the 19th of January, from Paul Unkrunt. There were two charges against him, and the Recorder imposed the fuil penaity, which was Gye years in the State Prison, John Ennis, nea indicted with Theodore J. Johnson, charged in burglarionsiy entermg the premises of August T. Leitheiser, 40 East Eighteenth street, and stealing $204 worth of clothing, pleated guilty. He was sent to the Sing Sing Prison for four years and six months, John Williams, who, on the 6th inst., stole thirty- four shirts, valued at forty collars, the preperty of Myer Diefus, pleaded guilty to grand jarceny. Four years 1) the State Prison was the sentence. Joon Irving pleated guilty to a similar erime in stealing, on the Sd 0! 1418 month, @ gold watch, val- ued at seventy-five dollars, from’ Eghert Joucs. Me was seut to the State Prison for three years and #1x mouths Michael Fox, a professional pickpocket, pléaded to petty jarceny from the person. On the 9th stole & silver watch, with fifteen dollars, froin John Charlton while be Was looking at a pro: cession in the Bowery. The Recorder uas m0 sym. pathy with the light-fingered gentry, and conse. quently sent ox to the State Prison for four years and 6X months. es Was charged wit!) stealing ac Wiliam by Of tea, valued at fifty-five dollars, on the 6th of I ruary, jrom te store of John Le #treet, He was seat to the State years, { David Benjamin pleaded gnilty to an attempt at grand larceny. He stole ciyhty doliars worth of | Clothing trom Margaret Shea on tne Wun inst. As the property was returr ‘he sentence was mod Bod 'o ighteen moyius’ Incarceration in Jue State ames Walsh, who was implicated with\games |) Murphy in stealing a set of ti ‘Oss On the 25th of January loin Obarles Newman, pleaded guilly to @& attempt, and Was remanded for sentence. \ +, James Arnistrong pleaded gully to assauit aml battery, the charge velng thas on tie 2th of Septem | per he cut Henry Hays with aswall knife, fie was _ bent to the Penitentiary for three montha, Foter Oakes and Daniel Brown were tied upon a sv eharge of stealing @ bearskin robe from leary Clews: sleigh ol the 260) of Janvary, Mr. Hummel Sppeared for Ute defendants. The evidence not Deing us oient fo establish their Guilt the jury ren- ved @ Verdict of acquittal, Hioverick © Lewis. who was the foreman of te that day? A, In tae cabin; there was no one present. Q. What time was itthen? A. About ten in the moroing. Q. Is this the time the captain told you to go for- ward to the pump? A. Yes, Q Why dia you go to the cabin that morning? A. I went there to have my hand dressed. Q. Was your band frozen at that time? A. No. Q. What was the matter with it? A. The hand was inflamed, Q. What made it inflamed? A. A blow received on the wrist. Q From what? A. It was due to a blow received from the first mate, Q. When dia you receive that blow? A. It was on the occasion when the first mate struck me at the topsail halyard. Q. Was your hand swollen when you went up to reef the main topsall? A. It was. Q. Was it not inflamed then? A. It was inflamed. Q. Was not the striking done by the mate after you had recfed the main topsall? A. The reefing was finished before the mate struck me. Q. How mauy days before be went up to reef the oes topsail bad your band been inflamed? A. Four ays. Q, Had you complained to anybody about your hand being inflamed before you went up to reef? A. Yes, to all the ofticers at once, Q. When did you complain to them? A. On the second day after it began to inflame, Q. Where were ali these officers at the time yeu complained? A, They were not altogether at the ume; 4 spoke to them all about it separately on the sane day. Q. When was it the captain told yon to go forward to the pump?! A. 1 do not Kuow the date, Q. Was it the day he dressed your hand? A, It Was not. Q. How many days after the day he dressed your | band was it that he ordered you to go forward? A. it was the next day; 1 went forward; I did not tell the coptain that I would not go forward. I did not tell hin that 1 could not pump with one hand; that Was not the time the captalu struck me twice with is hand, Q. When did he strike you twice with his hand in poo A. it was at another time, when my hand eu. _ 2: About how many days out {rom Liverpool were x oo Pome Wat occurred? A. About four weeks and Q. Can you tell what month? A. I cannot tell. Avout the end of the month of January. Q. When did your hands first become frozen? A. Both hands were not frozen ail the time. A. The left i thelr Q. What were ie? doing when they Bee hands frozen? A, They were worktog al ship; they “were scattered about the ship. Wer; not all the men who got frozen at that time colored men? A. Yes; none of the white men got Moxen at that time; there was a white man hamed Keliy and a litle American boy in my waten; 1 can’t say if his name was Pomeroy; I do not Know it he was twenty-turee years of ago; it was very cold ‘then; there had been show avout ten days belore. Q. Was it before or after your hand was frozen that the captain put a pouttice on your hand? A. About five aays after ny haud got frozen, Q When was it that your flager dropped off? A. When I was in the forecastie, about two weeks and { alter the freezing. “oe Dia the finger "trop off before or after you caine into port? A, About six days berore arriving; it dropped o:f the left hand. Q, Vid you warm your hands at the kitchen fire after they were frozen? A. Yes Q, Was there frost in them at the time you were warming them at the fre? Yea; it was the second mate who slapped my hand while 1 was warming 1t at the Bre, Did not the second mate tell you that if you aidnet leave the lire you would lose your hand? 10. Did Re tellvou to leave the fre? A. No. Was it aiter Phd bad warmed your hands et ‘the fre shat you felt tis pain from witch you could pon sleep? It was alter the time | was atthe re. Q When was it that the second mate called you outof yourbunk? A. It was before I was frogen; Tgotout; I went to the lee wheel; the second mate struck me there; Lrelieved a man at the whee; 1 don’t remember who; he was a colored wan, Q. Did tuis colored man see the striking? A. He {| did not see it; there Was another man, Moore, at tne Wheel; he is @ colored maa; 1 tok a turn at tne wheel; 1 remaimed at it six hours; that was not the regular tine. Q. Do you recollect complaining at any time to the second mate of rheumatism? <A. Never; I never ‘told him I was sick. » Q. How long betore the arrival of the vessel had fou been sent above the deck iuto the rigging? A, ‘or the last »1x day# of the voyage the captain had not seat me alot. Q. Do you recollect an Italian sailor falling from alost and being killed? A. yes; I was sent aloft ee ae falling of the liatian and our arrival in jew York, = This closed the cross-examination of this witness, TESTIMONY OF WILLiAM OLLIVER. — * William Olliver, a color seaman, deposed—I am a sailor; sailed on the 20th of December in the Neptune from Liverpool; the first time 1 was 1til- treated by the captain | had a sove throat; I went to ‘the cabin to the captain and asked him to give me something for my throat; he asked me to ict him look; he looked at my throat and said there Was nothing the meatier with it; he gave me something in a vial, ted me to put it Oa my tongue and swallow the spit; next day my tongue pained mie; I went back to the captain; he said 1 was skutking, aud shoved me out of the cabin with both bis hands; he did not kick me then; wy tngers got frozen about four weeks ago trom snow; that Was when there was snow on the deck; I went to the captain and told bim something was the matter with my hand; he said there was noihing the matter with it; he struck ime in tne back with his hand; 1 cannot tell if it was closed; he told me to go out of the cabin, and | did; I wentto the pump aud worked there with ove hand; the next tume f ‘was itl treated by the captain was when I had gone on the crotchet yard; Harry Williams was with me; the sail was flapping, and I took hold of the sail with mny left hand, which was frozen, and the sail touk the skin off; I came down; my fingers were bleeding; the first mate asked me where I was going; I showed him my hand; I went to the captain and showed my hand to him; he sald nothing was the matter with it, that 1 was skuiking; he Kicked me in the back and Punched me with tus list; 1 weat to tne forecastie, anu went on deck again; | snowed the second mate my tinger; he said, “You had better goto the cap- tain and get it dressed;"’ I said | had been there be- fore; I remained on deck pumping after that; on another occasion the captain kicked me bebind; he dressed my hand twice; 1 only went to him twice, and he dressed my hanu; I did not go up again aloft while my band was bleeding; my second hand be- came frozen Wien We came on the coast; | nave complained to the second mate about my hands, saying 1could not puli; be said, “There 1s nothin; the matter with your hand, and if there is I wil freeze your head ;” the tirst mate never struck me; the second mate siruck me while I was aloft; on another occasion he knocked me flat on the deck With his fist. Crogs-examined—When I went into the cabin the first time 1 saw the mate there with the ceptain; the mate was writiag; the captain did not dress’ my hand the first time 1 went to him; the captain told me there were chilblains on my band and ne aressed it; he made flnge stalls for me and put them on; [ did jast as the other men did on board as to work and no more; I never reiusoa to brace around the ards. Reairect—I never refused to perform my duty in my, watch. -haries Johnson, a colored sailor, dsposed—Cap- tain Peabody about four weeks ago ill-treated me by forcing me into the cold weather, and then I got my hanus frozen; 1 went to tie captain aud tod him my hands were frozen; he gave me some salve and put it on my fiogers and I went to work; it made me worse; I weut back to the captain, and he gave me more salve and it made me Worse; the captain ne ili-treated me, except shoving me about; Ltold him my hands were frozen; he sald, “Frozen be d—dy" he never struck me; the secend mate, when 1 would be pulling a rope, would squeeze my hand with the rope in it; the first mate never ill-treated me; Ieaw the captain kick Oilver the Thursday night before we cawe in. The further hearing of the case was then adjourned to to-mosrow morning. INTERNAL REVENUE. Oficers of Internal Revenue Not Authorized to Make Seizures Outside of heir Own Dise tricts= Decision by Commissioner Osborn. Yesterday, in the United States Commissioners? Court, Commissioner Osborn rendered a decision, which we give below in fall, on a very important polnot. Two ofMicers—assistant assessors of internal revenue—connected with the Third collection dis- trict, went into another district and made a seizure therein, acting under the impression tharthey were Vested with authority todo so, The Commissioner holds that by this act they exceeded we powers vested in them by the law of Congress, and that they could not perform official duty outside the limits of their own jurisdiction untess specially authorized to do so by the Secretary of the Treasury, THE DECISION. The United States vs. John Evereit and Frederick: Porter.—The following is the decision of Mi. Coin. missioner Osborn, above referred to:— The defendant, Everctt, is charged with havin failed or neglectea to eface the marked stamp an brand from a whiskey barrel ut the time the con- tents were drawn of or emptied therefrom, in vio+ lauon of section lorty-three of the act of Congress passed July 20, 1863; and iurther, he, together with a hand became frozen first? a, Q When? A. At the time of the second 1 of suow, When we were about four weeks ina shai irom: —— Q. What were you doing when your jeft 4 got Sroven? A. 1 was tthe Tigging ut the ume ile Q. W net rigging? A. Maintopsail, n & What were you doing therey A. Iwas up at work th making fast a faster that was fying loose, jnaking it up in @ bundle; there was another man Ub beside myself; lis name is Wags; he gut ne his hands Myzeil, too, at che same ume; there were oulers wher bier Dauds srozeu the same day, Porter, 18 charged with having dispossesse: or re- covered the said empty barrel after the same had been seized by the compiainants, John D. Carroll and Frank V. Wardle, as assistant assessors of in- ternal revenue. The evidence shows that the com- ee were assistant assessors of the fhird col- ection district, and no¢ iniernal revenue ofticers in and for the Thirty-second distzict_by virtue of any commission. The question arlses—have the coni- Plainants, under their commission, authority to act as revenue officers outside of the Third collection dis- trict; and, if not, then can the charge of rescuing the property, as alleged against the defendants, be maintamed? The complainants may be justified in allempting to secure tie burrel as evideuce of ihe fraud on the first charge, yet they canuot claim pro- tection after the seizure as internal revenue officers unless they had authority to act outside of their Spee district, for the statute does not provide for the criminal redress against persons rescuing pro- perty so seized or detaiued, unless the person or persons seizing the same are internal revenue ofll- cers eo | within their jurisdiction. Section,31 of the act of July 20, 188, reads as foilows:—“That from and after the passage of this act no assessor or collector shall be detailed or authorized to discharge any duty imposed by law on any other collector or assessor.” The proper interpretation-o! tnis sec- tion seems to me to confine every collector or asses- Sor, together with their deputies and assistants, to the district to which they are appointed, and any act or thing done by such oilicer beyond the limits of iis oficial district 1s not done as by an internal revenue officer, unless he be specially commissioned to act by the Commis. sioner of Internal Revenue or by the Secretary of the Treasury. It is judicious that such territorial jurisdiction should confined to the officers spe- Cally appointed to act therein, and not sufter oficers of other districts to meddle with and dis- turb the system inaugurated by the assessment and collection of revenue. If the chief oiicers were found derelict or inefiictent in the discharge of their duties the statute provides for such a misfortune, and the Supervisor is called on to take such action as the case will justify, Section sixty-seven of the act of July 13, 1866, which 13 claimed by the govern: ment as authorizing any internal revelue oficer to seize or detain property subject to forfeiture, and which may furnish evideuce of fraud, authorized complainants to seize and detain the varrel as iu- ternal revenue ofiicers. Such a construction is too genera:. Cougress must have meant, when the law was ander discussion, that “any internal revenue officer” within the jurisdiction of his commission, for there are officers fn every district throughout the United States, and to euch as are appointed to their respecuve districts can tfiis law only apply. If the statute permits olicers of revenue tn general to perform <iuties any where and every where, ‘then section flity-oue of the act of July 20, 1368, has no force and eiiect. There js @ contrauition, and one or the other must be declared nuil and void. Wherefore, with the views I have expressed, the complaiuants were not omcers of revenue beyond the limits of the Third. cuilection district, and tue accusation against the defendants that they were resisted in the discliarge of their duty as assistant assessors and the property seized by them rescued, cannot be matntained in law, and the complaint on that charge 18 dismnissed and the defeudants dis- charged. ‘ihe evidence on the charge of failure to @fiace the stamp, brand and mark ts full of contra- «Metions as to the barrel being empty; yet, umler all th? circumstances, J fail to detect any criminal ine tem om the part of the defendant Everett in the transection. He is therefore discharged, fie District Aorney for the government; William J. Gibsoit Jor the defesdante, FEMALE FINANCING. WOODHULL & GLAFLIN IN A “CORNER,” Rich Scene in the Marine Court—The Aspirant for, the Presidency Charged With Eeing Naughty-Woman’s Wrongs Vorsus Woman’s Rights—The Ver- dict of a Jury Thereon. Prolific of tragic, melodramatic and amusing sto- ries of everyday life as are our balls of justice in this city, 1t but seldom happens that from the gloomy courts, in the red building beside tne great marble eyesore of municipal economists, yclept in. legal irony, the Marine, is emitted a genuine sensation, Perhaps the jurisdiction of the court, although ro- cently enlarged, is too limited; but, whaiever the reason, the fact isas stated. Part two of that tribu- nal, however, presented yesterday A SCENE NOT OFTEN WITNESSED. There Judge Gross saton the bench, and a full bar of junior lawyers, youthtul and sympathetic, pa- tently regarded him. A few ladies occupied seats near the table devoted to the professors of the black art of law; heavy-headed old bucks, red in the face with excitement, chuckled in the background, and a heavy delegation of curious people filled the court to repletion. Among the former, conspicuous by their odd attire, sat belund awfully wise looking and whisperiag counsel TUR CELEBRATED FEMALE BROKERS of Broad street—Victoria C. Woodhull, the classic- countenanced candidate for Prestdentess in 1872 or any other time that may be convenient, and the pensive, mild Tenny ©. Claflin, the special faverite of disembodied spirlis of departed fnanciers, In maiden meditation, Fancy free, Both ladies were dressed exactly alike—that is, in high ‘Tyrolese hats, green and blue cloaks and gor- geous front finery of inexplicable patiern, except that Tenny C. displayed in the most aggravating way A WONDROUS SHIRT FRONT, with pearl buttons. ladies alternately smiled aud frowned a warrior called Blood, who, it seems, is a sleeping partner in the firm of Woodhuil & Cladin, Every inch a sol- dicr, with his side whiskers and hair standing out threat-ningly on eliber side, be must have recalled to the minds of hia attendant admiring friends the glorious days when he commanded a regiment of Sylng Dutchmen in the far West. The foreground of the picture was equally interesting, Facing His Honor, With an eXpression as determined as @ pretty mouth, dimpled cheek and flashing eyes could make it, Mrs. Sarah Norton, the man-defying advocate of woman’s rights, sat and looked del ght- ful m her becoming widow's weeds. Beforo her, at the other side of tue same table, were two young lawyers—one A BEAUTIFUL BLONDE, WITH SIDE WHISKERS, advocates for a lady who nestlea close to their elbows, She was Miss Annie L. Swindell (most un- fortunate cognomen for man or woman), a lady in middle iife, piquant in expression, nelther nice nor ugly, wearing & brown suit, topped by a bonnet of the same hue, with Just one coil of sangumary co- lored silk surmounimg the lot. ‘This was the feature in Part 2 of the Marine Court yesterday morning as the clock struck ten. Evidentiy it was a big case; und when, nervously graspiag a pile of manuscript, the bionae lawyer stroked his line mustache, winked severely at lus Rae tue other youth, and rose to address the Jourt TRE SILENCE WAS PROFOUND. The counsel siated the case with more precipitation Uian coolness, Fron his speech tne foliowlug story was obtained. Jt contaims the main points of the case for the plainttit:—Annie L. Swindell was a school teacher; she made some money 10 that capa- city, and came to this city for ihe purpose of investing it fn business, teaching the young idea liow to shoot having proved @ monotonous occupation, In a mo- ment Of weakness she read @ copy Oo! Woodhull & Clajflin’s Weekiy, and in that sheet discovered that the editors, who were also brokers in Wall strect, advertised that they were an ever help in time of need to working women. Acvordingly she called on the Broker Sisters and had a taik With Wem, She Was asked if sue had any money, “Yea,” said she, “i have some’? “Well,” said Mrs. Woodhull, ‘let us have your money; we will double it in three weeks.” ‘The piaintif said she did not waut to invest her mopey in any speculation. “Oh, there’s no risk whatever,” answered Mra. Woodhull; “we guarantee women agalust losses; the money will be returned 1a case the speculation turns out disastrous,” After some conversation and frequent Interviews, on the 12th of August last plainiul gave Mrs. Wool- Dull $500, all the money she had. Time sped aud’so did the mons Plainuit asked HOW TH SPECULATION WAS GOING ON? and at length a slatemeat was presented to ber in which It appeared that from sundry and divers transactions in the gold market the sum of eighteen dollars and some cents remained of the $500, The plaiatit refused that sum, aud did not believe that the loss in the specniatton was so great, The euntract be- tween the plataud and defendant was verbal, and, said the counsel, it was the old story of the spider and the dy, Counsel for the defendants argued that it was an ordinary transaction in Wall street business, aud no blame could attach to their clients for ihe loss that ‘Was sustained by the piaintiif, The first witness caticd was Miss Swindeil. She told her story in @ straightforward fashion, as given above in the abstract of her counsels ardiress, When cross-examiued she testified that she had been urged by Woodhull & Ciatin to get customers for them among ladics in a certain boarding house; that, growing suspicious of the firm, she asked for money; that Tenny ©. Cladin got angry, and said, “WE DON’T WANT TO HAVE ANYTHING ‘MORE TO'DO WITH WOMEN," and that eventually sie was cmployed in the omce of the firm as corresponling tary, with permis- siou to study the mysterious business of Wail street brokerage. As Corresponding secretary she often wrote, under direcilons, & guod deal about.**points’? which she did not’ understand. Mrs. Woodhall tola her that as the brokerage on the $500 would be so small she would not charge any expenses, but would give her the whole profits of the specuiation. ‘The charming MRS. SARAH NORTON then tuok the stand, and regarded the Teutonic swearer-in With @ steadfast, iearless gaze as chat good-natured Boauerges of the court roared out the words of the obtigation. she gave ber evidence at the rate of five hun- dred words & minute, more or _ less, The unfortunate stenographer of the courv cast him- seli on bis paper impetuously, but after a few seconds of tremendous effort threw up his blunted Pencil with an agonized sigh of helpless despair, She said, among other things, that she believed the suit was brought for revenge; that Miss Swin- dell was an improper person, and that there was no foundation for aliegations, Having been asked if she was tn the habit of cor- peapon ane, and giving an indignant denial, the following letter to Miss Swindeil was Identitied as hers and was read by counsel. Mrs, Norton after- Wards sweetly communicated to the Heap re- peaine Starling intelligeuce that the letter was nical:— A LETTER FROM MES. NORTON, FRIVAY NiGut, Oct. 18, 1870. Mx FRienn- Went to Philadelphia last Sunday night and just returned; found the signs of your coming in the shape of a ap of paper poked wader the door, witn half-past three ag the hour on which you honored me, But what day? Have a lot to do to make up for lost time, and shall be very busy until Wednesday of the coming week; but if {t Is anything important come down Sunday nigh’. Yshall be here at work. If the door is closed, as it usually is On Sandays—the street entraree I mean—ing, an 10 Kind fairy as black as thunder, but clever withal, will open to you. Yours for inde- pendence, though it be in a “den,”? NORTON, MRS. VICTORIA WOODHULL ON THE STAND, Mrs. Victoria Woodhull was the next witness, She gave her testimony in a very viear aud ein- hatic manner, and on the cross-examination ex- ibited a temper and a disposition equal to any emergency, as becomes a strong-mninded woman, a female broker or the authoress of “the Tendencies of Government.” She testified as follows:— lam fp of tne firm of Woodhull, Claflin & Co. and chief directress of the Woodhull & Claflin Weekly; was in the oniceof the firm at the time that the transactions Which are the subject of this sult were lirst opened; am uot cerisia whether any other persons were present at the tine. Q. State what tock place between yon and Mrs. Swindell in connection with the subject matter of ils suit? A, J cannot state now exactly ali that was 8: on the occasion; Lremember Miss Swin- dell coming into the office and asktag for Mrs. Wood- hull; I was there, bat very busy at the time, and I, having told her that I was Mrs. Woodhull, asked her to sit down; after a tinie 1 accosted her, requesting to know her business; sho said, “1 haye heard a good deal about your firm, and was anxtous to see your office;’ as I was still busy I said to ner, “‘Mad- ame, have you any business with me?’ she replicd that she liad been a teacher a good many years, and had vecome tired of it; that she dad conic to New York to engage In other business; “Lhave heard of your success, and [had an idea that 1 wou ¢ te try the street myself, but I iave made up My mind to invest my money in gold siocks;’’ I then told her it was a risky businees, aud advised her, if she lad any mouey, to keep it— the advice | would give any woman, unless she un- derstood the business; sue sald she did not under. stand the brokerage business and had never invested inouey in stock, but that she desired now to do 80; = Behind these conspicuous, feel ag if 1 wished you to invest Jour money, tn this Way,” after this khe came to oftce and gave me the money; 1 ied it, abd at once gave It to the colored boy’and told him to take if to the Gold Room; Miss Swindell knew at the time that tla “here. tag, "ns cui tava 01 ny coul that evening, a3 1t was late; she said, “I would like to have it invested at once, as gold 1s fluctuating,” aud asked me, “Can not it be inrouied ums even- ing?” IT went to the Gold Room myself to see if it could be invested; it was so invested that day; after accepting the money from Miss Swindeil J sald 10 her, “iiss Swindell, | have guaranteed to protect your margin in this operation asl would my own,” and I did 30, Q. Did you state to her what the rate of commis- sion would be? A. I don't remember that { did at the time, but 1 think I did, * Q. Did you tell her to invest her money in gold or stooks aud ifshe did that she never would have to 8 any more in all her lite? A, (Emphatically.) 0, Bir. Q. Did you tell her that if she lost her money in gold speculation that you would repay tier? A. I did not; Liold ter that I woul guard ber money as carefully a8 1 would my own; she understood we matter as weil as 1 did, and spoke of THY FLUCTUATIONS OF GOLD quite understanding|y; the money she gave me I put dato the sume stock as I put my owa, . Into the same gold pool? A. Yea, . How inuch money Was in that pool? A, Per- haps $1,000 or $1,50'. . What became of that money? A, It was lost; We were buying gold at the time; that was avout the time that Napoleon was about leaving Paris, when Buctuations were great and the market uncertain; We lost ar that lume almost all that we had invested gold. Q. When you took this $590 from Miss Swinaell to Use as you say, Was it understood or was anything Said about your acting a3 her broker? A. She told me to use it at my discretion; she came to the oflice almost every day aiter that and talked about the siate of the gold market; she consulted the gold indieator just as often as T did myself; she was in my employ as a copyist for four or tive weeks; [ first employed her to aitend to the correspondence, but she was untitted ‘or ihat. Q At the time of tue closing of this transaction you rendered a statement to plainui? a3 to how the ba stood? A. Yes; it was rendered from the ollice, {statement put in.) Q. Is that a correct statement? A. 1 think it is. Q. It leaves a baiance due her of $13 62? A. Yes, sir; lam ready and willing to pay that sam. From the time plaiutiif put that money in your hands till the action was commeuced did she ever ask you forthe 3600? A, No; she never asked me for the money, but I had a conversation with her Mm the onice after the money was lost; { said to Ler, “We have all lost very Reavily; 1 feel, however, very vad for you, knowing that you have not muci means «od that you are not making money, like others,” Miss Swindell said, “1 don’t mind that; I kKuew it was a risk; that would not aifect me, and I Would notspeak again about it if you could give me some employment; In that case I would be perfectly satisiied; 1 knew What 1 was about when f tavested we mouvey and I am perfectly sacdsiled; { don’t think any one was preseat at tis conversation. The money, with other money, was sent to Farr & Co,, our brokers, Statement putin marked by the Court and the question of its admissability as evidence reserved. CROSS-EXAMINED, Q. Who was this: arr? A. He was our broker; he elluded to the orders we sent him; he bought and sold gold for us as we ordered him. Q. When did you first speak to the plaintiff about her having any money? A. I don’t know hy oe she Was ever asked any question about money; she told me iirst that she had some money; it was not my business to ask her ul she had money; her state- Tent was a voluntary one, Q, You said you would guarantee her money the same as yourown? A, Nos said I would guard id protect her margin ag 1 would my own, Q. When she handed you the money wuat did you do? A. 1 banded it to the colored boy to take to the Gold Room. mi pia you not say “Hand that to the Colonel?’ » I did, Q Whois “PHB COLONEL ?”” A. Aman who acts as our broker—that 1s, attend- ing to our busine: watching the markets, giving orders for buyin; ee Ae Was thls Colonel Blood acting with Parr & Co. ? 0, Q. Tien do you mean to say that Colonel Blood took the money you sent by the colored boy—this pool—and gave it to the firm of Farr & Co? A. The boy took the money I gave him to the Goid Koont and aanded it tu the Colone), & is Colonel Biood @ member of your firm? A, le 1s, Q. Who compose the firm? A, Woodhull & Cladin coimpose the ticm, Q. Is it not Woodhull, Clafin & Co.? A. It is. Q. Who is the Co.f A. 1 am not disposed to answer that question. Judge Gross—You must answer the question. Witness—Colonel Blood is the man wi ts the Co, Q. <Any one else connected with that firm? A, No. Colonel Blood is the Co, ~ No one else 1s con- nected with the tirm, Q. Did you not say that Colonel Blood was your broker? A. I don’t remember saying so, Q. Is your business tae busmess of a broker? A. It is part of our business. When Miss Swindell gave me tle money she told me touse it just as if it was my own. She understooa how it was to be unsed— that it was to be lavested in gold, Q. Then she did not authorize you in express terms to empioy Farr & Co. im its thvestment? A. She did not, Some days—soon alter we bought the gold--there was A SUDDEN FALL, and we were then losing. She came to the office and learned the faci. 1 subsequeutly got a letter from her counsel demanding a gettiement, Q. When she frst consulted you, and before she gave you her moucy, did you not give her to under- stand that she should not lose her money? A. Idid not; vide 1 told her I would take paius to guard her margin. Q. Did you not say it would _ r do for youto let working women lose’ A. I not; I said I was deeply juterested in working women; 1 preferred not to have margins from working women, except they had some experience in the busine said anything to working wouien to ini coming Ito our office; no doubt persons saying bitter tings against u Q. Do you know a Mrs. Tucker? A. J do, Q. Did you enter into a similar transaction with her? Ovjected to. Sustained. Q, Has not your mind been too much taken up WITH PRESIDENTIAL MATTERS to have a clear recollection of all the matters con- nected with this transaction’ A. 1 don't remember all. Q. Have you not advertised yourse'f A CANDIDATE FOR THE PRESIDENCY? A. That is not your busiuars, sir; it has no-bear- Ing on the case; If the Court thinks it has, I shall auswer it. (Laughter.) Judge Gross—It is irrelevant; we have not come to the Presideatial campaign yet, Counsel—Women candidates for so distinguished an office as the Presidency of the United states can- not have time to remember the smalicr business matters, Mrs. Woodhull—Periaps you might not. Counsel-—I am not a candidate tor the Presidency. Mrs. Woodiull—Well, I should think not, indeed (laughter)—(warming up)—you asked the other qrtnegses if they were strong-minded wouweu; now, an have many A STRONG-MINDED WOMAN, and I would feel insulted 1f you men tuonght I was anything else; I claim to bea strong-minded woman, she came several times to the office and always spoke on the same subject of investing her money; I totd her I did not want to take ner money or any woman's money; I said to her “Jt 18 @ great risk unless you know what it means to Jose Money, that in a loss of this kind you cannot recover, anu the risk 1s great; she answered, ‘I Know well epough what tie business 18, ana I un- dersiand what @ loss ts; I told ner, “this may boaitively result Jn a juss, and I do pot wish you to vane! ee uy * unsel—is that from your speeches vet Congressional Committee / Ki Mee This ented the ppley and all th 18 ended the spicy and the important pa it Mrs. Woodhuil’s testuimony, P PON Alter some other testimony the case was closed. frer the te: timony was. cl After the testimony was closed Jndge Gross charged the jury that they were to pass ‘ipon the evidence as it was detalled by the several witnesses; hold the scales of justice evenly balanced, and render a verdict in accerdance with the testi: mony. He charged that if they believed the plain- tid’s version of the case they should render # ver- Yict for the plaintiiT in the juli amount with interest from the ume the money was deposited; but if they belleved the defendants’ version the plainurt was entitied only to $18 62, the balance between the amount deposited and the margin lost, ‘THE VERDICT. The jury, after dehb2rating a short time, returned @ verdict for plaiutlr of $358 54, with an extra allowance of twenty-five dollars, ALLEGED BRIBERY AT THE CUS£92 HOUSE. Suit to Recover Four Mundred Thousand Dol- lays. Yesterday morning an important sult was coz menced in the United States District Court before Judge Blatchiord and a jury. It 1s that of the United States vs. Richard Baker, William G, Weld, Frede- rick Baker and George W. Weld, trading in this clty under the firm name of Weld & Uo, On the 10th of October, 1863, the defendants im- ported into New York from Manila, by the ship Franklin, a large quantity of sugar, worth about $400,000. An entry of the goods was made at the Custom House; but the government claim that this entry was fraudulent, and did not, upon the face of it, represent the true value, It was made, as the government alleges, for the purpose of misleading and deceiving the Collector of the port. Not ouly this, but there. 1s @ further allegation on the part of the United Staies that te defendants bribed whe official weigher at the Custom House to give a faise return of the weight of the sugar, which actually weighed 2,252,434 pounds, while the weigher returned the same as welghing only 2,176,644 pounds. by this act, itis asserted on the part of ithe government, that tie suin of $400,000 became forfelted to them, and they now bring this action to recover that ameunt from the defendants, on the grouud that the laver got the sugar through vhe Custom House fraudulently weighed. ‘The answer o1 the defendants ts a general denial te main allegations put forward by the govern- men! The case was stated tothe jury by Mr. Thomas Simons, United States Assistant District Auorney, the District Attorney in person, Mr. Noah Dai being also present. The defendants’ counsel are Mr. Sidney Webster and Mr. James B. Craig. The which will occupy several days, was, bud beeu made, adjourned to Thursdays JOHN ALLENS SUCCESSOR. The wiicenie Sihcces in Prie son Again, Meroy Thrown Away—His Villanies Summed Up—Scens iu the Special Sessions, ‘The appearance of tho erowd occupying the benches in the Court of Special Sessions yesterday was so strikingly different from what 1s Ordinarily presented that ali concerned brconnected in any way. with the business of the court made it the subject general comment. Usually the seatsare filled by those well known criminals of the street, the base. ment saloon or the panel house; the companions of criminals and violators of every law, social and moral; meh who would as readily thrust the bowie knife into ihe heart of a fellow creature, if 1 would tend to hide thelr crimes, as place their hands in his pocket and steal bis money or jewelry, or enter bis house-and purloin his goods, They recognize no law and submit to nothing that woutd be likely to deter them from constantly commutting acts of VIOLENCE, RAPINE AND EVEN MURDER, Yesterday, however, there were mea of respecta bility and a great number of the gentler sex present, although when the court opened there waa nothing to Indicate, at first, that anything out of the ordinary course of business would transpire either for their amusement or imstruction, The most remarkable feature, however, was the immense gathering of colored persons of both sexes, who were quietly en- sconced in their seats, thelr sable features present- ing a strange contrast to those of their pale brethren, while their jet-like, piercing glances seemed to pene- tvate everywhere and through everything, scarcely exceptipg the columns supporting the building, Iiterally ‘‘golng through” all. THE REASON FOR THIS CONULOMERATION was soon made apparent. There was to be an old thief, burglar, highway robber and murderer, all in one, tied—one of tho most friuchtfully bratal and disgusting “imen of color’ tiat ever stepped across & court roum, At ten o'clock Just.ces Dowling and Shandiey took thetr seats upon the bench, and the motions being declared in order, the gaignd ur, COM> prising nineteen cuses, Was lic dpon t 8 5 er, Afier William Hyer, a New York rowdy of the first ‘water, had been sent ac roes the “waters of lamenta- tion” for six months for depriving Macy French of her stocktags aud several over garments of a neces sary character, aud Henry Gilligan was also de- spatched on a similar journey for four months, for s.ealing nine billiard balis, the case of The People. of the State of New York v3. JONN JOBNSON, THE MURDERBR, WAS CALLED, + Now all the dusky faces on the benches seemed to become still more darkened, and they leaned for~ ward in breathicss anxiety to catch every word of the evidence and to learn ine fate of their unfortue nae, but unmerciful “brudder.”? In the present in- stance Johnson was charged with deliberately walk- ing into the store of Ludwig Renn, 178 Spring street, and stealing from the hands of Mrs. Renn a piece of haircloth valued at fifteen dollars. It was not the vaiue of the alticle or the manuer in which he per- petrated this last act that ereated the excitement concerning him, but THE MAN'S PREVIOUS DISGUSTING, REVOLTING CAREER, ! as subsequently revealed in the court. red in the neighborhood of the Five voints, Johnson took to crime ag early‘as he could walk or speak, and, be 1 said, quite as paturaliy, to all appearance, as to e1 ier of these natural acquisitions, Ludwig Renn stated the facts of the present case very briefly, showing that when be saw Jovnson enter his place be was filled with terror anc did not attempt to pre- vent him at the moment, because he knew the des- Pperate character Of tie man. Evidence was next given as to his previous crime, which so far over- Stretches the present oue as to render it scarcely worthy of remark, Ab the age of twelve years ne was engaged in the LUCRATIVE BUSINESS OF POCKET-PICKING, and being taken one day with his hand ina lady’s pocket, he was arrested, conytcted and sen’ to a re- formatery. This Was no reformation to the deter- miived and resolute young African, He was there to years, and was Lo sovner released than he was engaged m bighway rovvery, being taken with two others for clubbing a gentieinan in the street, and after robbing pli of all vis property “departed, leaving fim hall dead.” By a quibbie as mgenious as the subile mind of Johusou could produce, he Was acquitted with a reprimand that the next time he would feel the “iron acd”? with rigor. Within two months of this time he was suspected of being ‘one of a gang of roughs who BURGLARIOUSLY ENTERED A DWELLING HOUSE in East fwellth street and stripped the place of everything that could ve removed, He afterwards allowe:l an admission to escape his ps while under the imiluence of liquor that new all about this burglary, and after alittle investigation Johnsoa found bin within the well guarded precincts of the State Prison for five years. V’reten eniivey penitent for lis past c he was always plunging jiong Into vice when Jree—some friends intere: themselves in him and as released, Notwithstanding his promises ta he was no sooner allowed to breathe the at- mospiiere of liberty thau he STAINED HIS HANDS WITH ITUMAN BLOOD, murdering Henry Schlosser in the month of Decem- ber, 1866, at 46 Thompson . with @ shoemaker's knife, ase he endeavored to prevent him from Stealing several pairs of gait dic was arrested is his, aud the evidence was so strong against hiw that # ME WAS SENTENCED TO BE TANGED by Judge Russel onthe J4tn of Pebruary, 1867. After the efiort to obtain a stay of pruceedings on the part his counsel an aypeal to the Supreme Court re- suited in a reversal of the judgment, and he got of with Jour years’ imprisonment in tne State Prison, His counsel subsequently ascertained that @ great part of his villany had been kept back by his friends, and he expressed the opinion that the mur+ der of Schlosser was a most cold-blooded massacre. ‘Tree weeks ago Johnsen was released, and com- ing to New York obtained ilve doliars from a friend, to whom he stated that he would never do anythin og tuat would place him within tie clutches o} the law. ‘i HOW WELL HE KEPT THIS PROMISE is clearly demonstrated by his present offence. This friend visited him on Mond evening in his cell in the ‘fombs, and Johnson eudeavored to convince him that he was innocent, but the gentleman turned upon him and said, “You contemptible scoundrel f you know you are guilty.” Aiter a deal of prevari- cation he admitted it, and gave a further bint that he was ) “AFRAID HE WOULD DIE ON THE GALLOWS —, yet.” There is litte Coubt that he would murder’ and smite over the operation. Juage bowling, im sentencing him yesterday morning, repeated all the foregoing facts, carefully recalling ineldent after ine cident of the fellow’s life, and stated that he deeply regretted he was unable to tiipose a heavier peuaity, than that allowed by the Court. “You are the worst of the worst, the deepest-dyed of the blackened in crime, the most thoroug! undrel New York can produce,” sata his Honor.” “No pun- ishment that the law can infilci, not even the terror that would be struck tnto the soul of the ordinary cuiprit witu the gallows beiore him, affects you in the slightest. YOU WERE SENTENOED TO DEATH fora most bloody offence—the worst crime recognized’ by the law—you were snatched from the halter and death almost by a miracle, lunnched again mto the light of hope, and a chance for repentance and @ better iife was aNorded you; but you refused all 5 wil ihat might tend to soiten that’ bratal heart, [now send you to the Penitentiary for six months and tnt- pose a fine of fifty dollars, aud you will stand com- mitted until that amount Le paid, while I will take care that during my term of ofice the fine shall not be remitted.” The prisoner was as immovable and as cool as the’ stone which composed the prison walls, and left the court with as little concern as he would exnibit in taking a meal. ANOTHER HORSE STEALING CASE. Yesterday another horse thief, in the person of & young man named George Kelly, was brought befose Justice Bixby, at the Yorkville Police Court. The facts in this case are that on Monday night Kelly went to the stables of John Perry, between Sixth and Seventh avenues in Fifty-sixth streeg and stole therefrom a horse. He was subsequently arrested in Twenty-cighth street and Third avonac by officer McGinley, of the Twenty-first precinct, hav- ing the horse his possession, Aiter the horse had been given back the Conrs to Perry he refused to make a complaint agamst Kelly, on the inexcusable ground that the beast might have walked out of tie stavle of its own ac- cord, and thus strayed into the possession of Kelly. ‘The fact 18, however, although of course it cannot be proved, that the case was “compromised’’--com- pounding a felony—by friends of the prisoner, who must have ‘seen Pery. This is the only method of ke that thieves’ of every class have when caught in the very act of stealing, and the ‘sittie game’} only too frequently succeeds in de- ing the ends of just {t would have served ry ri -atafthe Court retused to give up the horse unless the charge was sustained. WHISKEY "MAKES THE MARE G9.” A Urunken Dutch Farmer Delves Over @ Womar. Yesterday afternoon, as Frederick Neuse, a farmer from Dutch Kills, L. 1., was recklessly driving down towards the ferryiouse at the foot of East Thirty- fourth street, he ran over M rs. Gailagher, of No. 377 Fourth street, Withamsburg. Mrs. Gallagher ts a heavy, middie aged lady, yet she displayed remarka- bie activity In endeavoring to avold being run down, which probably saved her life, but did not save her from being struck by the wheels of the veuicle, Which gave her some severe bruises and rolled Ler into the gutter. The drunken owner of the hore and Wagon continued to drive on, however, as if nothing had occurred, uatil arresied at the ferry by an oficer, Justice Bixby, at th: Yorkville Police Court, after somo little nrogress & held lim tor bemg Intoxicated us weil as for reckless Grivings