The New York Herald Newspaper, April 30, 1871, Page 10

10 ROLLOFF. The Learned Murderer Again Interviewed. ‘Twelve Bavans Visit His Prison Cell—Ministers, Professors, Doctors and Learned Laymen Have a Talk With Him. [From the Binghamton Kepablican, April 2s.) Phe invitation was given by Mr, Becker, on iues- @ay, Who represented that Kuilot, in view of the wreaking of the britule thread of life, by the hang- M1 @ short time, Was anxious to lay the subject of bis book before a number of persons who could comprehend his theory, and receive his explan: tons. ‘The time of the interview was tixed tor Wed- hesday atternoon, at four o'clock, at Rullofl’s rooin. The company were to assemble at Mr. Becker's omtice. While they were coming into Mr. Becker's omce he read a letter from \ir. A. K. Apgar, the Gover- -hor’s secretary, informing Li tas Kullotl peed not Hope for an interference by the Governor with the execution, It is needless to say that emen felt a good deal of anxiety to know what Kind of a trap had beon set for | had been represented. At veh they left hi ve Jor acuon hat come aud, headed by hia, toe tramped down to the heavy iron door, which was dasied away by the Sherif, and the savaus stood dace to Jace Witn Lie man Who, according to his own belief, has had & marvellous vision revealing the mnysteries of language Which have never before been «ireamed of, On the way down the delegation encountered numerous inquiries by auxious persons as To Where they were going, and, Upon stating the natore of their mission to the gazlug speciators, some of thei winked and Jooked Wise, as though they suspected the professors and diviues were going on “Tom Fool's errand. ne worthy turnkey hesitated about letting so many men into the prison at once. as the county had not provided sufficient accommodations, but he pro- mized todo the best he could to make the stone setting room comioriadle. Rulloff stood ready to receive the delegation, He was standing agaist tle crowbar lattice work, i semi-deshatile costume. Before tue door was ‘un- locked Rev. Dr. ‘luyior Was introduced, and Kullow reached a delicate hand Uirough the wicket to greet him, saying that he was extremely happy to meet hum. Professor Vusbury Was also introduced. Taking the hand of Kullot thé Proiessor asked : “Mr, Raloff, do you recognize me as once your teacher im the languages “Ht 18 possible, sir; but Ldo not distinctly remem- ber the tact,’ was the quicx reply. Professor Vosbury said:—‘‘You recited to me in Latin apd Greek, in the village of Itiaca,” “| cannot distinctly remember that fact, but re. cognize your voice as one Which Ihave heard before. ‘There 1s Bomething so peculiar avout 11,” was Rule Joff’s answer. ‘The door was swong open and the delegation walked into the soutn prison. — With a bland smile upon his face, Rulloff made excuses for tie appear- ance of the room, and the poor accommodation for calers, Saying that we must all make the most of wie ctcumstances under which we are placed. He took their hats, and was introduced to the gentle- Men separately. Professor Farnbam — was the first troduced, then Prolessor — Jack- fon, Rev Mr. Shove, Rev. Mr. Fosier, Rev. Mr. Lindsley, Mr. Wenton, in the order named. Professor Bruce, Mr. bloomer and Mr, Knight came iater, and remained in the outer hail, The gentlemen were seated in chairs brought by the Sherif. at Ruilof’s request. Rullow sat upon the bunk in which he sleeps, A gus jet was lignted overbead, and also a lamp Was hung upon a stand t Ruiloms side, On the bunk Were a pile of manu. ript papers and a Greek Lexicon. The papers were illustrations of nis theory of language, hand. somely writen in Greek and Enutlish, Rey. Dr, Taylor iitroduced tie subject to be the topic of conversation by saying that tne time tey could stay was limnited, and that the comimitiee woul receive all tue Instruction they could ip the short ime allowed. Professor Vostvury said that aithough he bad been the teacner of Raliof once, be had wow come to receive instructious (rom him. Rallor said that was just what he wanted, and had been waiting for some time. He desired to lay his work betore educated men, who would uuder- stand i. Every one of the visitors had pen and pencil to note amportant revelations, and all sat wiih distended eyes, peering out mto the darkness. to eaten a ray of light trom this modern Gamaliel, itke @ roost of chickens inteuily watching the break of day. gentiemen became listeners to his teachings. He commenced by announcing a theory as old as lan- Kvage itself, that the “principle that les at ihe Dottom of language is the «distinction between vowels and consonauts."” The gentiemen, of course, assented, and Rutlof, as though the learned deicga- tion did not understand their letters, gaye illusira- tions In phonetics. The secona proposition was that the roots of words are the most important part of language. To this the learned delegation a-- sented. “Now, gentlemen,” he said, “I wish you to dis- Unetly understand ‘that each root consists of tree elements—first, a liquid; second, a mutable; third, a vowel.” Protessor Vosbury inquired what he meant by a mnutabie. Ruiioff said, “any consonant not a liquid." Professor Vosbury here dissented, and said he w: not {wily prepared’ (to accept the proposition th every root consis Of the three elements, viz:— liquid, mutable or consonant and vowel. The point was waived, however, and Ruiloff was Invited to proceed, he saying that some things in the bezinuing must be taken for granted, and tuey would be lully established as they proceeded, Ruiloff saia his study of language mad revealed the fact to him that the roots of anguages are formed by acompination of kre—mba—iit. Here was a pause. The learned delegation looked wiser. Ruliof had rooted to the reot of language; but he had not cleared the mud from 1. Professor Vosbury brushed his spectacies, and remarked that he could see a littie light reflecting from we cabal- istic LMR, so promiment in the iutroduction of his book and inany bewspaper articles. ‘The phuologist smiled; he had awakened interest im the bosom of one professor. He proceeded, el vating his effeminate voice to an animated. pitch, and these roow (Kre-mba-lit) were miroduced by Bacchus from India bundreds of years ago, Exam- ples in Latin, Greek, German aud French were given by Ralloft to show how language grew from roots as trees do. 4 As the Abracadabra was unfolded Rulloft Waiched the countenances of his hearers, witb in- vepse anxiety depicted upon is feacnres. Half hopeful, half doubting, @ nervous bewilderment ap- peared to gain control over him, and he lost the self- ‘possession that straugers have so often noticed and regarded as # most remarcabile tralt of character. He requested tue genticmen not to assent tu any- thing unless they understood it. Dr. Taylor, although he endeavored to accept the theory of the pbUologist, confessed that he was un able to do so. Perhaps it Was owing to the fact that he had not been thoroughly taught i that kind of Philology when he was a siudent. Rulloff said language had been his study from his earliest youth. ory of language that had ever been published to the world. Professor Vosbury assented to the tact of a close analogy between languages. It had long heen Knuwn and admitted by scholars. Language Was something that had grown as the wants of society required it, and the language of any people is more or less made up of the junguage of other literary nations. Dr. Taylor began to think Of an engagement that be must attend to, and the other learped gentlemen saw more light in the direction of tue door thaa did in plulologival explanations. ‘The reverend Gocior suggested that he might call again, after he bad digested the feast he had just partaken ef, and when fe would have more ume, in which the theory of japguage could be made clear to him. As the gentiemen were preparing to leave, Ruiloft suggested that there was another root they had not daiked about— that was, We root of the tier which the savans had come together to discuss. The tn- terest of the delegation began to culminate, as the real Object of the interview, brought xbout by the prisoner’s counsel, was explained by the introduc tion Of a petition which Rulloi said he wt ao read, apd should request thew to Sizgu, The purport of (ue petition was as follows:— To HOS EXCELLENCY, THE GOVERNOR OF THE STATE New YorK the undersigned, baving visited the priso Ralloft stened to the explanations of bis unfl work op 4 believing that he bas discovered Abing of great importance, and whieh might b bie value to the world, do tos, humbly pray that your jency wii appoint a Comunission capable to investigate the merits of bis theory; aud that t ore tu) carried out, we request that the sente piace on the 1éth of May be postponed Rdward ished Stlence was the only response. if the massive stones and bars that enclosed We company had been deep covered in the ribs of the mountain, beneath the old forests and the wnilisturbed masses of a they would not have been surrounded vy @ more mupressive stiliness. The visit motions of the prisoner, which amounted almost to an expression of madbesk upon his countenance, were scarcely snore apparent than the embarrassment of tue come pany. vr. Taylor at iast broke the stillness with a hem and said he was not prepared to amx his name to the petition, However, he would consider the mat- ter, and be prepared to scl understundingly at another time. Rallo? asked when he woud call agai, adding, “This 18 a matter of importance, aud there is no me w be lost. Can't you do at least this much for se ence’ To this interrogation no favorable aus er ‘was given, ‘The prisoner, cut to the heart by disap- pointnent at the refusal ot Dr. Taylor, asked, “Is there nol some one of the genUemen who will sign ‘his petition }? All of the gentlemen then arose tw go out, and each one refused by # shake Of the heud, as he was kod separately to sign the document. There was live perung ceremony, EKach one, a8 he passed out, sbook hanas with Raloff, aud received from Aun & cordial inviiauon fo Call again; but bo engage ments to do #0 were maae, So ended @ ruse ingeniously contrived, but lily coucealed ond li-fated, (0 procure the assistance of lnfiuential names to intercede in behal! of a mur- aerer, The gentiemen were of the opmuion that they ad been grossly iinvesed upon. While it 1s evident that Ruliot had some knowledge of language, they Ruliof monopolized the conversation, aud the | lie Was uot satisfied with any the- | | theortes and unfounded sup | been in there, 1 went Ubere with Tom Jones. NEW ittons as to be utterly howd be important, apd its author, they do not , or his special revela- worthless. And even if its! all that 19 claimed for it by believe that his scholarshi P tion, as he chooses to style it, jota oe Se pees ee Pgh criminals gail! e offence condemned to. the gallows. When the sage stoops to murder and to other villanies he should meet the consequences along with the vulgar. His resort to supterfuges ily becomes a man of cultivated mind, who has boasted that he is ‘equal to either Late,” BOLSTER. Extraordinary Speech of a Con- vicied Murderer, An Affecting Scene in Court—Prot:stations of Inncernee and Appeals to Heaven. {Prom tae Washington Star, April This morning Horatio Bolster, Who was yesterday found guilty of the murder of Joseph James, alia: “Souny’’ Jame 1 of February last, was brought into the Court. Judge Olin said: Holster, stand up,’ and the prisoner complying, the Court sald:—-“You have been convioied by a jury of your country, almost of your oWn selection, of te'crime of murder. You uve been defended with great zeal Bad ability, and studi the jury, under the imstruction | have giveo them as to the law of the case, have found you guuty without much hesitation, Huve you anything lo Say ROW Prisoner dvery much exeited)— “L MAVE MUCH TO SAY, put under the advice of my counsel f will not say it ai the preseat time,” ‘The Court—*W alt a moment, YOU MAD BRTTER BE CALM under the solemnities that surround you. You had better let me say a word to you. 1 ask yu LOW If you have anything to say, aud you have a right to ay Whatever vou choose to say here to me why THK SENVENCE OF THE LAW Tam about to pronounce should not be passed upon your Poss you can say something that will arrest that sentence, and Lam disposed to hear you pauentiy as the jury heard you and your witnesses aud your counsel with patience, But you are sw rounded, Bolster, now, by circumstances and ina condiiton in which it wilt be well for you to hay aside malice, heart-burnings, Insolence, and every- thing of the kind. 1 will hear you patiently in what- ever you have to say; but the duty 18 imposed upon me and [I must pertorm it, Now Iwill hear you, 1f you have anything to say upon this subject.” The prisoner here turued to his coulsel to obtain his consent to make # statement. Mr. Burrett noddiog asseut, the prisoner said, “Wl you allow me TO GO ON THE STAND, where all these people can hear me ? The Court—I do not like to huve you 100 near me, Boister, unless you have been searched, Mr. barreit—Aadress tue Court, Bolster. ‘fhe Court—You can be heard around here, Bol- ster (pomtng to the space Immediately in front of | the witness stand). BULSTER'S STATEMENT, Bolster advanced to (he spot tadicated ana spoke as follows:— 1 will offer no insolence or speak any insolence, asilbear no malice to any man. | only waut to Inake a Statement, a true statement of this almur on the night of the 22d of February. 1, tn accordance with an appoiutment, met Miller and Coombs at the corner Of Sixtu street and ihe avenue. cleft them there. They told me to meet them at the corner of Thirteenth and the Avenue. 1 was to assist them in acuse. I then went to the restaurant of Ready Welch—Martin Welch. 1 staid there till twenty ininutes past eight o'clock. 1 went to the corner of ‘Thirceenth street aud Ponusylvania avenue. I there watted until near pine o'clock, Waen William Davis comes across the street and says ‘‘tiallo, Kashe, What are you dolug berey’ 1 says, “Lam wating for a friend of imine.” He says “Do you want io go to the theatre. [ says *) sr. ie remarked, “If you do here isacheok. | am not going back.” At this Jim Green and the deceased came lo ine corner. He drew back, James did, to strike Davis. T caught hotd of hisarm anda said “vou't do that, Sommy; you are wrong!" At that Jim Green struck me, ‘Then James and Green beat me untii L Wis senseless, and leaned this way «descrives 10) against the wali when Leame to my senses. ‘then, assvon as I came to myself, I halloed for mei murder, and everything J couid. ‘The only man ti 1 saw standing by me was @ man With light cloth his name was Beveridge; he keeps a jewelry swore on the avenue, (The Court—“Beu Beveridge?” Tue prisoner—*Yes, sir. He says, “Bolster, who has been beating you! Supposing Dim to be one of the party, [said “1 donot kuow.” I did not know but tat he was one of the party, and thatif 1 told nim who did ithe might FINISH .THB JOB, While Beveridge was standing there Coombs and Miller came across tne avenue. ‘They says, “What 1s the matter, Rashey wav Nas been beailng you! J Says, “Sonuy James and another man,” tor at that time I did not know Green, Coombs Bays, “Come across vo the corner.” Zhat was Jim Magnire’s, on the corner of Thirteenth street and Pennsyivania avenue, on the opposite corner—some cali it E street; it is where £ commences on the south side ot the avenue. 1 went in there, My lace was washed. I wax so weak that i could not tell wuo wasted my face and sat me in actiair. [took a Jittie drink of gin. Coombs said, “You bad better drink something, and see if it will not straighien you up.” He said, “Here is some money; % to the drug store and get your wound dressed.” This was | Coombs. —{ wet to the drug store on the corner of | ‘Twelfth street and Pennsylvania avenue; Iforget | the man who keeps it. | Mr. Barrett—“ntwisie.”” | The prisoner, resumimg—l asked for a doctor. ‘The doctor was not there. 1 then went to the sa- joon of Martin Weich, Then 1 inet Jones in that saloon; be was there. 1 says, ‘Will you go with me to a drag store and get my face dressed?’ Mortimer Was there when I came in. He lookea up at me and said, ‘Who is that? 1s that you, Rashe’ 1 was beat soa mancould hardly teli who it was, He (Jones) went with me to the corner of Twelfth street and the avenue, to this drug store, and then Dr. Bulkiey was there. He dressed my wounds, and I says, ‘James will pay you tor tnis, for Milier says it will alibe mght.’ J thought at the time it was done through a mistake, After he finished dressing my wounds he put the bandage over my head and over my nose. My nose was never broken before, nor was there any scar there, 1 then went to the place | of James, up here on Pennsylvania avenue, in com- | pany with Jones. There was no one else with me, j went With no weapon and Do malice, TO HAVE AN EXPLANATION, thinking that I had been beateu through a mistake. {then went into Wambold’s and asked if James had I then Went and looked into Usber’s piace and saw he was not there, 1 then met @ man on the street, near by the theatre. I asked bun did he kuow where “sonny” was. He said he was up in number so and 80; | forget the number, I went there with Jones to have an explanation and to fiud out whyi was beat, thinking that some one had told him some- thing that Was unirue about me, and 1 was beat through @ mistake. { rang the beiland asked for “sonny? James, The colored tian says, “He 1s not here.’ J says, “Tell him to come down, it is ail right.” Wheo { took Jones up there with me 1 says, “I want to go and see him and ask for money to pay doctor's expenses, and it is all right, for Know he would have not beaten me in this way Pra he had thought he had | something to do it for.” 1 then rang the bell. A col- ored man came to the door. seemg my face bound up (hen, this colored man says, “James is not here.” lsays, “Tell him that 1 want to see him, it is all right;” for | had no malice toward him whatever. ‘Yuen James came to the head of the stairs, pot his head «ut of the door and either drew it back or some one puded him back, J said, “Jt is all right; tell Lim to come down.” I says, “Sonny, ti 1s all right. [told Dr. Bulkiey to dress my wounds and you would pay bim for it, Before I had finished the sentence ne says, ‘You prize Aghting —- — — —;' took part of the bandage from my bead, just put on, (Here the prisoner took we bandage from his pocket aud exhibited It to the Court.) J had come straight trom the drag store on the corner. He took the bandage from my head and beat me. the man that separated us, and he ts over there now (pointing to Darden, in the court room). Phe Court—“Whor? ‘the prisoner—“vennis Darden” (then turning to Darden he asked), “Did I not say then that td had | known tuis, Sonny, 1 Would not have come here, { thought it Was a mistake.” This darkey said, ‘You had better go way from here.’ My hat was gone, knocked of in the fuss. 1 says, “Give me my hat, | aod Tf will go uway from here as quick as I can.’ went down siraight from there to the sition of Reddy Weich’ When 1 came im they says, “For God's sake what is the matter?” J says, “1 want to meet d es and have ap explanation.”’ Without a word he caught hold of me and veat me again. While T was out Cropps and Sherman had come tnto ine saivon. } presume they bad been told avout the way Jhad beep beaten. When I came in and made the statement that 1 had been beaten, Cropps says, “Come and go over and find what he ‘id it for.” t says, “For nothing;” he says, “Go and find out what be did it for, and if he has not some reason- wuble excuse have him arrested.”” | says, vol won't go; | have got enoagh; I will see him to-mor- row.” He says, ‘What 1s the matter? Are you atraid to go after a man has beat you in that way, aud have explanation.” Tsays, “No.’’ He says, “Come, will go with you, and Won't let hin beat you again.” Be had reached over and got the musket. Tne mus- ket was got the mght beiore this, Reddy Weich’s piace up stairs was broken into while he was down in the barroom; the door was burst open and his trunk searched. He had no arms in the house and he bought this gun for his protection, and i had been loaded that day, but I did not see it loaded; L | saw him, however, when he brought the gun there, ‘The bar was situated tm this way (deseribing the position), und the gun bebind the bar, and reaching over the bar, Cropps reached over aud grabbed the gun and putit under his coat. [ say: ‘Don’t take That.” He says, “I will only take it tor my own pro- tection,” and why should he not want protection after seeing Low Lwas beaten. (The prisoner was here OVERCOME WITH MOTION and took a glass of water.) Alter wailing a moment he resuiuwed:—""He took the gun, put if under his coat and carried the gup without speaking @ word, Nor was there @ word mentioned abont shooting James or anytiing of that kind, Me took ihe gun and carned jt down D street to Thirteenth, np Thir- Doveve Hust le Wopk i ey UMXeYy Wilk CoMevae J LOpAtMLO Me BO py bs Ae COAMMMY YON BTN, Sgr saasL should shield him one | reseribes for | ich he stands | Darden was | and me, George Wells I never walked a block with in my ilfe, except_ when we were brought to the prison together. The we walked down E street; not @ word had been mentioned about shooting or anything of that kind, or of reven, All IT wanted Was to have a reasonable ex} ation; to know Why it was done; why | was 4 aud beat to death almost. for nothing, and only because 1 was | With that man Dayis, [Here the prisoner | pointed to Davis, who was seated in the court- Troom.| Going down by the theawe J went into no place, The places I went into were before | this; before Cropps had tne We went ; down tll we passed the entrance to the theatre. | Then ‘gi and Sherman dropped out a little way | below. Then Croppe. seeing no one but me, got afraid. 1 walked down and saw “Sonny” James standing near the corner of the alley. J said, “Is | that you, Sunny ®? f was pertectiy calm and with NO MALICE IN MY HEART, Of course I smarted under the treatment I had already received, but with no mtention of taking the | man’s lile, T then started down, I said, “1s that you, { Sonny" He stood in this way [describing the tion}, After beating me twice before he says, | G—dd—n you; what do you want” and raised his hand and came for me, and f, under the passion und excitement of the moment, started to run, when Cropps, standing in the door below me, took the gn, put itin my hands and said, “SHOOT HIM.” } took the gun and fired the fatal shot. Tub prisoner, laboring under great excitement, asked :— “WAS IT MUNDBR !"? Is it murder? Was It murder? premeditated mur- , dery was it self-defence, or was it mansiangiier? Thad no malice at that time, 1 then ran, They bal loved, | “HALLOO ! STOP THAT MAN.’* The crowd followed me, Tina littie while saw an officer, As soon as I saw the oificer and heard bit say “Where ts he?” 1 said, “I am here; take me.” He took me, and as soon as ji was taken, while he still had hold of me, Green struck me then and there again, 1 had no intention at the ime of gong , there, of shooting James—no malice. Not a word of malice was spoken, Jt was then, and noi tiil James started oi for me again after beating me. 1 was Tuniing away from James until that gun was put in iny hands. Cropps stupped, came im front of me; sald, “ilere, take this gun and shoot him; | What are you ronmiuag for?’ When Green came | on the stand to testify he was asked what they ; beat me tor, He said for nothing, oniy that [ was ‘with Davis. Ttnink the man got ou tie stand to : testify to the truth, but when your Honor says to hun ‘You strn him tor nothing,’ and he said ‘Yes,’ your Honor says again to him, ‘You're & pretty “boy, ain't you,’ the people ‘commenced laughing aha the “Marshal kuocked for silence, | Green's face turned as red as critason, then | HE CHANGED IIS TUNE} | for if he had gone on and testitied to the truth, the whole truth and ogee but the trath, he would i have been the villain and not me, | Here the prisoner Was overcome by his feelings and wept and sobbed bitterly. , After geting calmer he resumed:. will give ine 1 hope you TIME TO PREPARE | to meet my God, which 1 stand greatiy in fear of, j ior may pasi Mie, But when [do go before that Goa" — | Mr, Barrett, approaching the prisoner, whispered In his ear to explain the expression testified to by Sergeant Vernon, as to its betug the only way in which he couid get HIS REVEN( The prisoner, resuming, Said:—When T came to the station house the policeman came m and asked me “What did you do it for?’ As to whether I sald idid it jor revenge, [ do not tink Idid, i may have said it, hut do not recoilect. Me and Sergeant Vernon--although I do not think that Mr. Vernon would intentionally testify to anything wrong— were ou very good ferms until One higdt I was arrested in iront of vyster Bay. J had jeft the central guard- house, and when i Came out 1 met Mr. Vernon again and he say: low came you oul Lsaid, “I left collateral’? Le replied that the man at the station had no business to let me out, aud “have @ great mind to Like you back agalu, and if you give ine any of your impudence f wii take you back? Laue swered nota word, From that tine to this T have never spoken to him untl that time at the station house, When he asked me those qhestious, Ido not Think Isard what he says } did, athough 1 may have done so, Here tie prisoner pansed for a minute or so, try- ing to calm bimself, having, as he progressed, be- come very much excited. Kesuming, he said:— 1 you Will give me ampie time to pr Maker, which 1 stand greatiy in r of-—-to make my peace with Gods but when | £0. Delore that God for judgment f wii! not have to_bo judged tor any lie uttered on tus Moor to-day. If I have uttered a lie, MAY | SEVER BNTHK THE KINGDOM OF HEAVE Att Is point the prisoner Was grewtiy affected, weeping ani sobving audibiy, Wien calmer be continued as follows:—“When Une evid was given before the jury It was given in this way, The should toink, Was plain enough to show evidence, I 1p What way and at what Gime THE Was taken there. Ib Was given im this way:—That the gan was taken there before we had the fuss the second time, Which was hot the ¢: Nor was it taken for me to nse either. Froin the villain T am put down to be in the papers [ suppose the a question in the minds of some people whether T be- lieve [have a God, aud whether I expect to go be- fore that God or not. Yes, I believe F hu\e got to go belore my God, and a good and just Gud, who will Judge the men who lake my innocent blood aad Rend me to the scatfold | rr ;astam. fam don | The prisomer here walked hack to his seat besive | Ais counsel aud sat down, and fora minute or tw he appeared to be somewhat affected. The silence » of the vast crowd Was painiul, but in a moment the | prisoner was again direcied 10 stand. | After @ very affecting charge the Juage pro- nounced the following seatence:—1 would not like to say 80, because I do not like to say an unkind word. Now the judgment of the law must be that you be taken hence to the jail of the District of Co- lumbia, Whence you were brought, aud Kept in ciuse confinement until Friday, the gth day of June ‘that will be six Weeks), and then, between the hours ol eleven and one o'clock, yon be hanged by the neck ‘until you are dead; and may God have mercy ou Your soul. You will lave more tine to aplore thaé mercy than you gave James. In the meantume there will be, as I stated to-you, an opportunity to review the trial of the cause before the other jndges of ine court, and see if your triai has not been a fair one, a just one, ana if you have not been properly con- victed. Iam sure that they will feet what [feel— | the same interest, the sume anxiety and the same | pleasure to find that you realiy had not committe the offence with which you are indicted.” NOUENT MAN, KU KLUX IV THE CITY. | Four Masked Robbers Enter a Hause, Gag nd Bind a» Woman and Then Rob Her of Jewelry and Money. As officer Knowles, of the Fourteenth precinct, was on patrol on Elm street, near Broome, yesterday morning, about four o'clock, he heard some person | Inthe bagnio No, 125 Elm street crying “Murder!? | He hastened to the house, and upon entering found Catharine Manning, the proprietress of the place, lying on the floor, near the front window, with her hands und teet ted and her face covered with | blood. She stated that abont half-past three o'clock she got up and opened the‘iront door for the pur+ pose of admitting one of the girls, after which she | returned to bed. Shortly atterwards sho was awak- ened by several par’ies having hold of her. She | ried to leap from the bed, but as ste did so one of | the party STRUCK HPR A FRIGHTPCL BLOW on the head with a large iron y, felling her senseless to the floor. One of them then jumped upon her with his Knees, and held her duwo while another forced a gag into ber mouth with such vio- lence as to cul aud lacerate her lips and mouth in @ frightful manner. After they had bound her hand and foot, they thea roibed her of a pairof dia- mond earrings, TARER DIAMOND FINGER RINGS, NECKLACE, the whole valued at $1,475. Besides these they took from under her pillow one hundred and etghty dol- jars, Which she had rolled up in a pocket-handker- chief. The woman is sure there were four men 1 | the room, all of whom had handkerchiets ted over | thelr faces, in consequence of which she is unable to luentify any of them, even shoald they be arrested. As the doors bear no evidence of having been in A LOCKRT AND any way tampered with the police are of the opin- oo the thieves were secreted in the house over night. The injured woman’s wounds were dressed by Dr. Armstrong of the Central office, who pronounces them not fatal, though rerious, AGAY LOTHARIO BROUGHT 7D TERMS ON A BREACH OF PROMISE SUIT. In the suit for breach of promise of marriage pre- ferred by Missie Jennie McBride, of this place, says the Bellefonte (Pa) Watchiian, against LL. Wagner, & merchantofr (i) Gity, tried at Franklin, Venango county, the piaintit has secured a verdict in her favor of nearly four thousand dollars, Wagner, it seems, Was a gay Lothario, who thought be could Tun the fair sex near about as he had a mind to. However successful he may fave been on former occasions, he slipped up on it in this mstance, and now flads himself muicted to the very considerable sum jost awarded Miss McBride by the jury. The evidence in the case js very jengthy and shows that Wagner is a man of bad principle. While engaged to Miss McBride he was also under promise of marriage to al least two other females, one of Whom he marriea in May, 1869, before he had fairly broken the engagement with Miss MuBride. His published tetters to her are decidedly soft, yet | Indicate that he was, or pretended Lo be, devotedly attached to her. After his feelings began to change or cool towards her he procured letters to be writ. fen to him from Lock Haven, signed by a well known gentleman of this place, warping him to have nothing to do with her, as she was and nad been for some time en d vo another man, These letters, as was developed atthe trial, were false and Jorgeries in every particular, and the afidavit of the person Whose name was signed to them was pro- duced to show that he never wrote them. It is now shrewoly suspected that Wagner wrote them bit- self, @ supposition that is uot at all improbable, ‘Miss McBride ts @ native of this Place, and a young Jady who has ever } nh unimpeachable charac- r. That she i @ gir) of spirit is shown by this al, aud We rejoice to know that she haa thus been able to vindicate her own righis and bring a reck- dens Aecelyer Wo iustices THE COURTS. Important Patent Case—The Erie War—Alleged Forgery~ A Menagerie in Court~Decisions. UNITED STATES CIRCUIT COURT. important Patent Case—Decision by Judxe Blatchford. In the Matter of James H. Hofman vs. Albert Aron son and Another,—Tuls has been a very closely contested case, the fnancial resuit to either party covering large interesta, The plainulf, Mr. Hoit- inan, has prosecnted this suit “well and Jong,” aud asthe resalt proves comes out first best. Judge Blatchiord renews his decision as, follows:— This is founded om re-issued letters patent of the United States granted to the plaintif? July 25, 10d, on the surrender Of original letters patent granted to hita January 24, 1860, {08 improvement in turn-down yelled er collars, The specification of the patent aay: fe the dirst Intros duction of turned-lown paper collars as an article of usual Wear Ht haw been attempted by, many persons to mak them’ with an enamelled surfs at until my in like my own eariy eifori vention such attempts have All such prior atvempta, i falled, for? the reagon that they attempted to make co which was enamelled for, oF prepared as ara tron d the uses to which enameiléd paper was usually employe and from this it always resulted that the enamel, aud sou times both the enamel and p making the fold. ‘The error whieh led to in attempting (0 use for a new purpo! repared for an entirely different. pu my experiments, I discovered that it make the required fold for a turned=d amelied for other purposes which do not of folds. No amount of care in folding and 20 av could be devised that could prevent the enamelled suriace frem breaking at the fold. Alter making many nnsuce efforts and the trial of various compos'tious for producing the enameiied surface, noue of which would stretch suiier ently toadmitof making the requred fold, T doally covered that the desir t would be obtained by making the coating of cuamel very thin ad much thinner than bad er vbelore been wppiied in making enamelled paper, and making or selecting. tor the pur pose paper made of pulp ving a very long fibre, and by preverence obtained” from linen rags; In the manufacture of the paper from which 1 ma my improved collare 1 am careiul not to reduce the linen stock to a finer pulp than is absolut necessary for paper of the thickness required, that the brea may remain long and the body of the paper ‘be untiormly fleaible, or I am care: ful to purchase, for my manufacture, Imen’ paper having theae characteristics, a long fibre and uniform fexibility. Taking paper so made I moisten and steam it ynlil all its pores oF spaces between Its fibres ars opened to the degree required to receive the composition which constitutes the enamel of the collar when finished, ‘The composition I prefer for this purpose consists of about four parts of blane fix, one partof white wax and @ trace of uitra marine, to give the required tint. The biane fix being digested (ike the ultra marine) in hot water and the white wax being melted, are mixed mn about these proportions and stirred thoroughly to- xether until the wax is intimately incorporated with the other materials, and the whole reduced to a thin homogeneous paste, which is now applied warm to the surface of the er by @ brush, or by coating a warm then laying ' the paper sheet by the plate, and then letting the com: position be taken up by absorption from the furface of the plate, Great care must be obasrved to put on the coating-of composition so thin that it will simply cover the surface of the paper, and for that reason I prefer to apply, the thin coat of composition with a brush to the surface of the metal plate, (rom which ft isthen absorbed by the paper, although It may de appiled directly to bho papas. with a brush, ‘Attor tho. paper haw been thus Coated, {fs paseedd bet polished heated rollera, under considerable presmure, which the composition sed to adhere firmly to the the outer surface highly polished, From pay ared the collars are cut to the required form, for ladies nilemen, and then folded or turned down, The unton of 4 composition and the paper ia so complete and the coating Gi composition so thin that the fold can be made without breaking or crumbling the enamel, a result never obtained before by sald invention. The collara can be embossed, or punched, or printed, as desired, aa the surfaco so enamelle will reosive, without injury, any desired atyie or tinish, The ciaim is, “fhe new article of manufacture, consist- of a turn-down or folded enamellea paper collar, aub- stantially as described.” ‘The bili charges, as an in'ring ment, that the defendants have made and fold collars made and manufactured upon the plan described and clatined in the patent, ‘The answer denies that the patent is valid, or that itsecires to the plaintit! any right to prevent the de- tendants from making or selling the particular kind of paper collars made and eold by them, for these reasons:—I, ‘That, ag matter of fact, a tur-down’ collar made of linen, ‘mi or paper was an oid article betore the date o the plaintif’s invention, ‘and that, if the piaintift was the first person wno made turn-down or folied are of enamelled paper, such substitution of ons mate- ial for snother tn the mantifactnre of an old article wiil not ipport a patent for # w article of man in the plaintiff's patent. 2 That the con a fulne suggestion in a matter of fact—namely, that the eof the art of making enamelied paper prior to the plain- tif’s Invention war much that none of the previously known Processes of preparing enamelied paper wonld admit 2: inaking an enamelled surface that would not. break in folding, whereas, prior to the —piaintti’s vention, the art of making — enamr' paper Cmbraced many. known processes of | manufacture, whereby, without any invention, in fact or in jaw, and wethods well known and practised by those skiiled in th art, an enamelied paper could be prevared fit to be used the manutacture of turn-down or folded paper collars, and capable of folding without breaking the enamelled surface atthe ‘The anewer avers, therefore, as matter of lai toat the not be Supported as covering a Dew ai cture, because the erial of whic! new article is, in the patent, tescribed to made--nainely, an enamelled paper capable of ing without’ breaking the enamelled — surface the fold—could be made without — invention, the appiteation of processes well known in the prev.ous art of enatneling papers. ‘The answer also seta up that one Lindley M. Crane, in 1863, at Ballston Spa, N. Yu. and at ‘Troy, N.Y. practised the same process of manufseturing turp down euxmelied collars that is deser'bed and claimed in the ntifs patent, and made and exhibited to others tnrn- down enameiled paper collars of enamelled paper that did not break at the fold when folded in the proceass of forming the collar, The answer avers that the defendants are manufactorers and venders of turn-down paper collars by a process of manuiacture known as the linen finish, and ntially uniike the pian of manufacture described and aimed in the piaintifi’s patent, and that they have not in- frtn, hat patent, The specification sets fort, as the the plaintiff's invention, that he has discovered thod of producing a properiy euameiled paper out of which to make # turn-down paper collar wholly of enamelled paper, by putting the proper enamel on the proper paper in the proper way, #0 as to enable the fold to be made without cracking or breaking the eviamei or the paper. The speci cation speaks of payer collars as old, and of tu fold- at down paper collars as old, but the new — thi fs a turndown paper collar practically and suc: cesstully made of enamelled paper. The reason wh: the prior attempts to make such a collar failed, is potnte out. ‘The enameiled paper used was not proper enamelled paper for the pu ni therefore the enamel alway cracked or ing the fold, and sometin aper also did so aroclied paper used was not sult fie tor the new purpose, but was euitable only for the pur- pore had in view when such enamelied paper was used, which was not the purpose of making there/rom turn-dow: collars which required to be (olded im the manner in which collars are folded. The — specification then states that the plaintiff made many unsuc- cessiul experiments to produce the enamelied sui face required, and at length discovered that the coating of enamel must be very thin and mach thinner than had ever before been applied im making enamelled paper, that the paper must be paper of iong fibre and therefofe ani formiy flexible in_ its body; and that the pores of the paper must be open to the degree requirea to receive the compusi- tion constituting the enamel. ‘The composition is absorbed by the paper and the union between it and tho paper is so complete, and the comting of composition is *o thin, that the id can be made without breaking er crumbling the enamel. nis result, the specifieation avers, was not obtained before the plaintif's invention. The constitution of the enamelling composition, which the patentee says be prefers, is given Tt'consista of about four parts of biane tix and one part of white wax, and a trace of nitra marin, to give the required tint. They are to 'e mixed into # paste which is to be applied to the surface of the paper and made to adpere firmly to it. ‘The defendante’ enameliet paper, out of which the'reolinrs have been made, was a: brat made by naing « composition soup, More recently the compositic in white, glue, stearine andaium. M lon wax had op the argument as to the proper construction of the claim of the piaintifi"s patent. ‘This patent fore me for consideration in the case f. C. OC, Re 58), 1 then anid, “The evidenct the plaintiff “was the first’ person who sucecas made @ turned-down or folded collar wholly of pa & r with an enamelled suri enamelled paper known prior to him of the invention covered by his rei unsnitable for the making of a turned-down or folde collar wholly of paper. The fact that such a collar hot known as ® practical thing before the plaintif’ made it would naturally lead to the conc mm that the proper @namedied paper was not made untii the plaintii! made | becanse, if the paper had been known, the use of It for th collar was sufficiently obvious. Finding no proper enamelled paper ready to his hand the plaintiff experimented for some time to produce it, and atlength succeeded, and the makin, the collars followed. Ae the plaintiff invented the proper mode of enamelling the prover quality of paper to ena- ble turned-down or folded collar to be made wholly of , without any danger of crumbling or breaking the enamel by the operation of folding, the collar made trom fuch enamelled paper wasa new article of manufacture, and the claim to the new article of manuf clure) consisting ‘of w turned-down or folded enamelled paper collar substantially ‘aa described, ts valid.” In that case the infringement of the patent was not aia. pated. ‘The views then xy roased have oniy been confirmed by the evidence developed in this case. But there is nothing in thoxe views which countenances the idea that the patent is to be construed aa claiming any and every turned-down oF folded collar made of enameliad paper, without referente ue patent war to the structure of such paper as enamelled Paper. The claim into the collar made of such enamelled paper—that is, such paper and #0 enamelied--enameliea by he use substantially of such # compoaition, composed of such fngredienta and applied (n such way as the plarntit de- scribes, On this construction of the claim the patent must bo teated an to ite novelty and validity, und the question of ite infringement must be decided. In this there 1s no force in the objection taken in the answer that the patent cannot be sustained, because the ntiff has done nothing except to substitute, in ing @ turn-down or folded collar, euamelied Pr&s A material, in place of linen, musiin or non-eoam- paver, The evidence Is very {ull and clear that the plaintiit waa the firat person who succeeded In making the melled paper out of which to make a fol the qualities which stich « coliar mast hi made of enameled paper. He experimented somet roduce auch ® paper. Other persons experimented to pro- fled. It did not before exist. Hes . Te fs 1 & folded collar of en- vr. Ttistrae that pay ‘exinted bef aod enam- lied paper existed before, and every ingredient the plaintitt used in his composition existed before, and @ composition composed of the ingredients he used in his composition ex- iated before, and paper nad before been enamelied by voat- po ped surface with an en iling adhesive comporition ; yet the piatntiff made an invention, and a bigbly useful one, and he clearly dexcripes it in his specication. That inven jon was not the mere substitution of one material for amelled pay wnother in the manufacture of an old article, In view of tor eras to the state of the art it required ince and involved the exercise of invention, to muke'an enamelled paper a folded suitable for he evidence agto what did shown, at mont, an he made and had made Paper nsed to make them ¢ of ‘ite enameller is unknown, the Process ty which It was mace is not stated. ite structure not deseribed, and the clroumstances attending tue making of the collars, according to the evt of Urane and Fria: die, were auch that, Jn view of the recognized Importance at the ime, a8 shown, for the production by paper collar manu. facturers of a successful folded enamelied paper collar, Crane bad produced one, the perros to whom he refers as having the collars he tnace and the enainelied paper be had wonid never have suffered Ko valuable an invention to be jost. It was not followed np and the world was no wiser because of it. Crane himself afterwards became a licensee under the plaintiff's patent. It i# claimed that the defendants have not infringed the patent of the pisintif, But the de- fence on this point fails. The enamelied paper they have Used to maxe their collars is substantially the same article Uhat descrived in the patent, whether made with a con porition of blanc fix, glue, waxy and soap, or with # composition of katin white, glue, searing and alum, Vt war shown that the eatin white was substituted for the Diane Hx; that blane fix and ehtin white are both umed for theanme purpose and produce the same efect in the same way, in the compoalti on, namely to give color and body to by | YORK HERALD, SUNDAY, APRIL 30, 1871—QUADRUPLE SHEET, vera’ gloss to" the. coal ‘other in the compostti defendants, tn of | sutictent conseqently flexibility, to answer the purpose and wamit of the fold tu the collar. Johne- ton, one of the witnesses for defendants, says, that in order to prevent the paper or enamel from if Ab the old, Its the most dserPsbie polnt of all, 68 r to have the paper of a sufficient length of fibre and to mixture abplied in a sudicientiy difute condition. ‘The testimony shows, in accordance with the language of the ecitleation, that in order to enable @ suitable paper to be enamelled with any composition ao as to make ® success! turned:down enamelled paper collar the enamel must be appl thin and must be so applied as to be in- corporated with the fibres of the paper. These fea- tures are made prominent the specitication, Ti thinness of the coat is spoken of at places, ‘The incorporation of the enamel with the fibres of the paper is insisted on, in the direction that the spaces between the fibres should be open to the degree required to receive tue composition, and in the statement that there is a complete unton ofthe’ composition and the ‘und that the eompo- sition is absorved by the paper.” Itts shown by the eviience that the paper used to make turned down eniue'led paper collars is much heat "1 0 enunel of a given thickuess on a |) break in folding the paper, when an eval of the same thickness on @ heavier and thicker paper will break in folatng the paper unless the enamel be incorporated, aecord- ing to the piatntiff’s invention, with the nibres of the paper and the external costing of ft left very thin; and that by auen mode of evamelling there is leas lability to have the enamel ack with a thick paper, such as ia roquired for a folded collar, thau with « thin paper; whereas, in the former mode namel‘ing, f simply coating the aufface of the paper, the cuamel woud break more eaaiiy in folding as the paper used was tho thicker. ‘The proot allows that tn the decendants? collars the coating of enamel ia very thin, and is fncor- porated with the fibrea of the paper. Sheb fibres we paper with not eiore the enamel was applied, open, in the language of tho ‘rpecttication, to the. degree required. to receive the com | povition, Much streas ia laid by the defendants on the sug: gration ‘that the do not steam their paper; that the plain- Ud, in Lis speciication, states that he moistens and steams his paper | opened tot ‘until all its pores or spaces between its fibres are ee required to receive the composition ;” and that therefore there is mo infringement of the p It would naturaily occur to any one that if in the defendants? collar paper the composition 1s incorporated with the brew Of ue paper, such coumposition must have reached the spaces ch the bres, because such spaces Were open to reeelye at in raking paper for collar paper, where the pores are required to bé open to receive such composition, it would be easier and more economical to leave the pores open in maau- Tacturing the paper than 0 til them up only to have them ‘open again by steaming the paper; that if the patent directs ming to Le done to open the pores, setting forth the open- of the pores to be nec aud setting forth it necessary, tb i it masuines the paper to be paper with fts pores closed; that probable that all the paper “ol the _ thickues quired,” as the specitication says, for folted known at the time he made his epecitication, was made with its pores closed; that it {# also yrobable that since his invention paper of the thicknesa re- Quired is made with its pores opea; and that, theretore, the question of steering the paper has relation properly omy to the question of whether the pores of the paper are sufficientiy open without going through the process of steaming the pa: er, and such Ts the result of the evidence, It is also urged ‘or the defendants that they do not iniringe becauge they use gine in their composition, and the patent does ot speak of glue. Much testiinony was taken on the part of the defend. ants to show that enamelled paper for folded collara could not be successfully and practically made, agcording to the descr. ption in the plaintil’s specification, without the use of give, But this testimony was met and dverthrown, and the counsel for the defendants admitted on the hearing that, the plainti® had proved with very great precision and beyond a peradventure that his method of preparing enamelied paper, ‘as laid down fo bis apeciiication, could be and was carried on auccesatully withont the ure of glue in the enumelling composition. ‘This subject of the use of glue tn the compost ton has a connection with the question of the openness of the pores of the paper and with the question of the aizing put into the paper at the paper mill in making it. Broadbent, one of the witnesses for the defendants, says that in enameliing the paper for folded collars the chamelling com. Ponition must bo exactly prepared to meet the condition of he paper; that papet my be slack-alzed at tho ini and may not have any sizing in i at ally and tant im that case it will Tequire glue, or some stich substauer, in the enameliing com- position to supply the want of sizing, and in proper propor- Hons to meet the condition, Walther, & witness for the plain- tif, says that where the collar paper has init the proper quantity of sizing it is steamed to open the pores, and no giuc Js used in the composition; that if the paper ts'delicient in sizing it is either sized by the enameller, or sizing is put into the cnamelling composition; that if'the paper is Wo sized, as all collar paper, if properiy mado, should bey the tuge of give ia not necessary to incorporate the composition with the open pores of the paper; that, prior to the piaintill’s invention, it was part of the state of the art to put gine or some other glutinous substance into the enamelling compo- ston when the paper was deficient in sizing, and that when the enamelled payer for the folded collars was first made it uved.to be made with sufficient sizing. The use of the glue or aizing fa to insure the firm adhesion of the conting of com- position to the paper. The plaintiff testifies that al the time e made his invention, in the latter part of 1864, the collar niched by the paper mills, was generally much sized and more bighly calenderod than i bas been recently, and i# now; ibat asa general thing it is not now as weli toade in elther of those respects; that any ena- meer would know how to correct the absence of suficient sizing in the paper by aduing it to the composition, and that that was part of the knowledge of the enameller when the plaintiff's invention was made. This testimony 18 not contra- dicted. It disposes of the objection that the plaintitr fication Goes not preseribe the use of glue, and of ¢! ther objection that it does mot direct that the paper stall we any pai of sizing. ‘Those are matters judgment skilled workman, to whom the aneciticstion i eased, itspeake as of tis date, the end ot 194, or Janmary, 1865, and in reference to collar paper as then in the market, in regard to alzing. When auch collar paper is used it bas euficient sizing, without the nse of glue fn the composition to make the composition udbere firmly. But, because it js £0 sized, ite pores are closod by the sizing and’require to be sritticially opened. If the paper is made With devicient atzing, #0 as to leave lis pores, open snd make fteaming annecessiry, gino muat be added to the com- position. The piaintit, using the sized paper which, on the evidence, muat he neld to be the paper to which his speci- fleation refers, found that if be opened the pores the componition would do ite work without glue. He therefore said noth about glue. Butevery enameller knew that a det sizing in the paper was to be supplied by put- nuamejiing composition. The defendants create eney of sizing @0 as to get open pores in tho paper without steaming it, and then supply the want of mizing by adding glue tothe composition. This is an invasion of the patent under a guise of evading it, ‘That the plaintifl applies his composition warm, and reanen the coated paper between heated rollers, as stated In hia apeciication, are minor matters, not shown to be Of the essence of ‘the invention. They do not aifect the question of infringement. The fact that the defendants em- boss their paper collars with what is called the linen finish te outside of the suoject involved in the controversy. The plaintif’s specification says that the surface enamelied by his process will receive, without injury, any desired atyle of ornstacat or tuleh, and that the collars can bo embossed at desired, It results that there must be a decree for the plain- Uff for @ perpetual injunction and an account of proiits, in the usual form, with costs. Oharies M. Keller and Edmund Wetmore for the plaintiff; George T. Cartis and John H. Anthon for the defendants, UNITED STATES CIRCUIT COURT. The Erie War—The Examination Before the iaster to be Extended=—Jay Gould Cor- nered. The mvestigation before Kenneth G. White, Mas- ter m Equity, m regard to the disposition of 60,054 shares of Erte stock belonging to the English stock- holders, in the case of Heath and Raphael, was to have been resumed yesterday. An adjournment, however, was had to await the result of the motion to show cause why an attachment shouid not ne issued against Jay Gould for not complying with the order of the Master to produce be- fore him the books of the Erie Company. The order of the Judge, a copy of which was served upon Jay Gould, increases the power of the Master in the premises, It states:—‘1 do further order that the plaimtins in this action, and James H, Coleman, the receiver, therein do show cause be- fore me, at the time and place designated, for Jay Gould’s showing cause why the order of March 11, 1871, should not be added to and ame nded by insert- ing therein the provisions that the Master im Equity inquire and fully investigate all the circumstances relating to the creation and issuing im December, 1s70 and January, 1871, Of the 30,000 shares of new stock of the Erie allway Company and the con- siderations theretor; and as to all subsequent sales, transfers and dispositions of said 40,000 shares of new stock or any part thereof; that the Muster iu- vestigate the circumstances attending the issues of convertible bonds tor $3,000,000, upon the conversion or alleged. conversion of which into stock the said 30,000 shares Of new stock were issued, and that he inquire concerning all moneys received by the Erie Company from such convertible bonds.” Erie Again Checkmated. Judge Blatchford yesterday rendered a decision in the demurrer taken to the bill for relief tied by the defendants, upon which argument was heard before Judge Blatchford about four weeks since. The decision sustains the action of Heath and Raphael in all the substantial points involved, the only question not decided in their favor being a minor one of form im retation to the joining of Charies Burt as one of the plaintiffs, On this point Judge Biatohford held that as Burt’s stock had not been transferred into his name on the company’s books, but was held by him merely by possession of the stock certiiicates, with power of attorney to transfer, he could not pro- perly unite with the other plaintiffs in bringing the suit; that the bill must be amended by striking out his name and the allegations showing his interest. The opinion, which covers 112 pages of manuscript, concludes 98 follows:—‘it resulis, therefore, that the demurrers are overruled, and the bill 18 sus- tained im all particulars except as to the jo:njng of Burt as @ party piamtif, as to which tue plainuds may ainend, a8 beiore stated, upon payment of costs.” Mr. Soutnmayd’s motion to show cause why an attachment should not issue against Gould for con- tempt of Court will come up at eleven o'clock to- morrow morning, UNITED STATES COMMISSIONERS’ OFFICE. Before Commisstoner Shields. ‘Yhomas Hackett, charged with falsely obtaining bounty money by forging the name of Paul Scnicfer, the tather of a second Heutenant, in Company A, Fifty-second regiment, was held tn $5,000 bail to watt the action of the Grand Jury. James Anthony, of No, 230 Kast Thirty-cighth street, was held in $500 bat! for dealing 1n the whole. pa liquor business without payment of the special aX. On the application of the Consul General of the North German Union @& warrant was issued for the arrest of Herrmann Waliett, one of the crew of the German ship Prince Albert, for desertion, He was held for examimation in $500 bail, SUPERIOR COURT—TAIAL TERM, A Mannger and « Gas Company. Before Judge Freedm: The Liverpool Gas Company vs. Henderson.— ‘This was an action upona promissory note for $1,900, made by the defendant, the now manager of tne Lydia Thompson burlesque troupe, for gas sup- plied to him while conducting a theatre in Liverpvol, The defendant pat in various technical answers to the suit, and upon the testimony, which was taken by commision in England, being read, Edwin foular degree in’ the ans onreef- | ceriateeapomtinaaes as counse) for defendant. reisea objections. Upon the act of Parliament the plaintiffs a corporation exhibited Mr. James characterized it as “a Engage rape phenol from its sporerance mnust_have n kept insome gasometer in Liverpool.”’ The Court overruled the objection, directing @ verdict for the plamtids, sub- ject to the points raised by defendant's counsel. COURT OF COMMON PLEAS—SPECIAL TERM. Decisions. By Judge Loew. Nihan vs, CowperUuratie.—Motion granted. First National Bank of Buffalo v8, 6tvs0n.—Mo- tion to vacate proceedings granted, In the Matter of the Petition af Marks War- shareskt, &c.—Petiion to change name to Marcus W. Ware granted, . Dailey vs, Randall.—Motion to compel justice ot Sixth District Court to amend return denied without costs, BROOKLYN COURTS. SUPREME COURT—SPECIAL TERM. The Contested Assessment Leases—Decision in Favor of the City. Before Judge Guibert, Horac? Waters ana Others vs. The City of Brook» lyn and Seven Other Cases,—The property owners on Fierrepont street, Fulton avenue and other streets petitioned the court for an injunction to prevent the collection of the assessments for repaving those thoroughfares with patent pavements. ‘The caxo Was argued the week before last, and yesterday Judge Guibert rendered a decision tn favor of the city. The following opinion of the Court wih be sad With luterest by the taxpayers of Brooklyi ‘These motiona must be denied, If the plaintiff’ have sut- fered any grievance for which the law aifords redress (hey have uniataken their rei It is impeusible to sustain these suits wituont violating principles whicu have been urmly ex- tablished in the jurisprudence of this State. ‘The plaintiff urge, as has often been uryed unsuccessflly before, two generat heads upon whieh they rest taeir clain to rellef:— First, the preventing of a maitipiicity of sutts; and, second, the removing a cloud irom tieir tiie. With ‘respect to the firat, 1 $4 suilicteut to say that chere is 00 community: of in- terest between the persons assessed. Each owns his lot in ‘severaity, A judyment would bind Guiy the partion to the suit, when the action is brought to It is oni Assert a common, right, or to procure an account aud distrivution of @ common fund, or to restrain. the commission of an act injurtoua to property or rights in which the piaintiif and those in Whose behalf ho sues have a comn- tnou interest, that an action can be brought by one or more. in debalf of themselves and others, None of these elements appear in these actions, Mr, Waters can have no interest in the question whether Mr. Ropes’ property #hali be seized aud appropriated to the payment of the assessment upon {tor Hut, nor vce cersu. Lh as easy to see, therefore, that the sux- taitling of a sult as to one would fnvite litigation uy persons assessed, and that relief to ull such persons could goiained only by separate suits in favor ot each of shem. ‘This would completely frustrate the object stated, Under the second head several objections to the validity of the assens- mente are set forth 1D the pleadings. Some of them rest upon the allegation of the waut of power in the members of the Water Board to make assessments; others upon the illegul mode of procieding t0 levy the particular agiessments i. der consideration, and others upon irregularities which do not appear in the record of the asacasmenls, but. which would have to be established by proof of extrinsic fact. It is not necessary to notice the latier class of objections 1m detall, For the rule is well settled that. when the complaint shows that the instrument or proceeding sought to be. r- moved {3 vold upon its (ace, the Court will ot entertain jurisdiction, but will leave the party to bis remedy at aw for damages, notwithstanding the complaint may contain allegations showing that the instrument or proceeding is {llegai and void for other canses which do not appear on the face thereof! ‘This precixe point was decided by this Court in Bouton va. Brooklyn, 15" Barb., in that case, fn the cuse’ before me, the com. plainant ‘averrea facts which “did not ‘appear’ on the face of the assessment, and also averred that the civ ‘corporation had no authority “to take proceedings for assess- ing the expense of grading Washington Park asa local as sessment, The Conrt, Brown, J., delivermg the opinion, held that by this allegation the plainiit was “brought by his own compiaint within the clags of cases in which courts of equity have aniformiy retused to interfere.” ‘The superior @ourt of the city of New York, the late Judge Sandford delivering the opiaion, held the same doctrine in Flectwood va, The: City of New York. 2 Sand. 8.C,, 8. 475, He remarked that “the munimenta of tle upon an assessment sale consist of sev- cral proceedings, all of which are iudispensiple to. its va lidity, and if one be wanting no title is showR. Of these Unks in the chatn the plaintif insiate that three at least hever existed.” For this reason the Court hela that the tite was void on its face, and did not constitute a cloud on the plaintift’s title, and afforded no ground ‘tor the in- terference of a court of equity. In» Heywood. ys. The Cy of Buffalo, 4 Ken,, 541. ‘The Court of Appeals afirmed the same principle, . Th ge of the Courtt—“In order to bring the case witht jurisdiction of equity, the complaint should bave alleged distinotly and plainly that the proceecings were apparentiy within the powery of the mon Council, aud upon their face valid, aud created a v: lien, but were wholly vold by reasou of extrinsic. matte: hehe facts are the very ground of the Jurisdiction." therefore, the allegations of the complaint are to be taken a: trae the assessments are vold on their face, and are no cloud on the titi, Whoever shoula be instrumental in eoforcing payment of them wonid be liable as a trespasser. ‘This ta the Appropriate remedy, and tn such a cage a court of equity has no jurisdiction.—-Meserole va. Brooklyn, 26 Wend., 182; Wig- gina vs. the Mayor, 9 Paige, 16; Van Doren vs. The Mayor, fa. 885. In one of the cases the assessment bas not been completed, but I think thin makes no differeuce tn the rule to be applied, Assuming, but not admitting, therefore, that an assceement betore a sile may De such acioud upon tile &s to justity equitable interposition, these views are deciaive of the case, and it would be supertiuous to discuss the other questions which were so elaborately arcued at the bar. Courts uation Lave ithe to do with question of pablle poltey, but jad it would, in my judgment, be extre 0 tothe public wellure tw extchd the Juriedletion’ of courts of eyulty over the proceedings of, municipal to come fn and litig alldity of A tax Or Assewsment against him, If sueh pro- cendings aie unaultuorize’, they, are'® nullity, and aiford 10, protection to anybody engaged in enforcing them. If they are werely irregular, they can be reviewed when the conir- mation of them is sought, or by the writ of certiorari, In these ways individual rights can be adequately protected Without injary to the public interest urauing the subject no farther, the mouon to continue the injunction is denied, and the temporary injunction ix dissolved in each case, with ten dollars costs, SURROGATE'S COURT. Wills Admitted, Letters of Administration, &e. Belore Surrogate Veeder. During the past week Surrogate Veeder admitted to probate the wills of Bren Farley, Sylvanus B. Pond, George Aoeflin, James Ferrier, Margaretha Lookert, Catharine Stiller, Margaret Murray, all of te city of Brooklyn. Letters of administration were granted on the estates of the following named deceased persons, viz.:—Ellen Nance, William Macdonougb, Mary Brown, John Owen, Helens Schwuaersky, Mary Ann Kussell, James W. McKay, Sarah L. Dickinson, Mary H. Ackerly, ElizaC. Connell and Charlotte s. Sackett, all OL the city of Brookiyn. Letters of guardianship of the persons and estate of Willlam W. Phraner and Merwin R. Phraner were ranted to Elien J. Phraner, their mother; of George . Morris, to Tueodore B. Starr; of Cecella 7. Aston aud Lucy A, aston, to William E. Aston, their father, all of the city of Brooklya. CHRIS CONNOR'S CROWD CAPTURED. The Roysteriog Rogue Trackers Wi Kan in Kicumond. A party of festive Gothamites departed @ short time ago for a wip inthe Southern States. Lest there should be any doubt as to their personnel the following 18 @ list of their names ana callings:— Colonel J. R. Fellows, of the General Sessions; Cap- tain Kennedy, of the Sixth ward police station; Warden Stacom, of the Tombs; Lieutenant Beecher, of Plymouth cnurch; Morgan Jones, the gas pipe Jayer, and William H. Ken- nedy, the Sixth ward Captain's brother. All went propitiously on the tour until the arrival of the party in Richmond, Va. There the evil tame which belongs to such characters as theirs had pre- ceded them, aud the Richmond Chief of Police was not surprised when he received information by tele- graph from New York that 4 number of NOTORIGUS BURGLARS, assuming the names of prominent New York polith clans, were travelling In the Southern States and would probably pat up ii Richmond, The police chief thought #0. He nad had his eye upon the su: picious crowd for some time previous, The telegram decided him and they were all ARRESTED WITHOUT FURTHER BELAY. Gloating over his anpromising-looking prizes the chief velegraphed to Superintendent Kelso, and alter the latter had debated the matter with Judge Dowling @ despatch was sent to Richmond, telling the Chief there to discharge them and give them half an hour to leave the city. This was complied with and the party made an Inglorious exit from the Old Dominion und with no very loving feelings for any one concerned in their incarceration, Since their return to New York (two days vefore they expected, the aifair has been Kept A PROFOUND SRCRET, Jest the omment demon of pub.ic satire should apply the point of ls Inciseric lance, It is supposed that Forrester, the alleged Natuan murderer, was the sender of the telegram, a8 a species of revenge tor the way they have been trying too annoy hun Jor some time past. were . XPLOSION—-INTERESTING PARTICULARS,—The following interesting particulars of the recent explosion at the Hoosac tunnel are re- ted by the Troy Wiig :—Roberts, the blaster, anding in front of the holes upon a carriage, was killed by the mtro-giycerine. His head was crushed to a jelly, and his ly When taken out was almost. snow white. As far as can be learned, no Dlame is attached to any one. The ignorance that men 6,000 feet in the earth would naturally have of what was occurring at the surface may excuse the carelessness of using eiectricat discharging Machinery during ® taunder storm. ‘That the fuses Were Not over sensitive appears from the fact that the unconnected hole was not dis- charged, though the air was highly electrized. That a very strong electric current was passing throagh the tannel ts certain, for the miners at the heading, 8,000 feet into the mountain and 2,050 feet trom the Jace of the accident, had their linbs shaken and heir strength taken away by a shock like that of powerlul buttery. The lamps were put out for a considerable distance on each side, and the men awaiting for the blasts ran terror-stricken through the darkness, some toward the heading, some toward the portal of the tunne:. On reaching the ar they shouted “ill Dunn's gang are all killed,” Boat Che IN Troy.—A boat club has been formed among the students of the Polytechnical Inetinte James O'Neil, the professional oarsman aud rival of Fearon, has taken charge of the racing crew, who are negotiating a race with the Universily Cra of Wiliams Couce,