The New York Herald Newspaper, May 7, 1871, Page 10

10 “TE PUINAN MURDER. RAILWAY OFFICIALS INTERVIEWED. The Railway Men on Their Defence--- Damaging Admissions. Conductors Travel Sixty-four Milos Per Day for Two Dollars and Fifty Cents. Captain Bob Squires Explains Jourdan’s Demand. HOW CONDUCTORS ARE APPOINTED, The Honest Conductor, Who Grew Rich at Two Dollars and Twenty-five Cents Per Day. “Well, damn ’em! Them uewspapers can blow as much as they please; | aint goin’ to risk my gizzard m any fight with passengers, drank or sober!” ex- claimed a conductor on Friday night, on his down trip from Morrisauia to Harlem Bridge. “The h—1 you alot! Suppose a murder is done on yer ker, wouldn't it be bevter a heap sight to prevent at by gettin’ yer back up a little, an’ show’ you bad some fight in you suggested an extra driver, who, with a lighted cigar in his mouth and a car hook in hand, had just staggered through from the front platform to the rear and joined the conductor. “I be blowed,” he continued, swinging his hook in ‘the air, “If | wouldn't use this every time to pro- ‘vect myself being abused, and just to show the fellers that I'se awake and ready for’em still; stil, I b’ileve the papers ain’t fair; they shoulan’t publish all them letters abusin’ railroaders without givin’ our side a show.” A HERALD reporter, who, with a lady, were the only occupants of the car, heard the closing remark of the half-drunken driver, and decided to give the “railroaders a show.” With this object in view, at eight o’ciock yesterday morning, he started out to interview the officials of the principal car lines. ‘The first visit made was to J. W. Smith, Superin- tendent ot THE SECOND AVENUE RAILROAD, whom he found at that early hour in the office, actually attending to his duties, REPORTER—Mr. Smith, the recent tragedy on the Broadway line has excited the public, and, unduly perhaps, the railway companies are censured. I come from the H LD to talk with you. Mr. Suirn—Weil, 1’m glad to see you. to the papers have much to say about POLITICAL INFLUENC3 in the appointment of conductors. This is not a political road. When we have vacancies we ap. point no one who does not come to us with good let- ters of recommendation. I willnot appoint a man on letters of politicians unless compelled to do so. REPORTER—May I ask what you mean by being compelled to appomMt men? Mr. Sxrra—Why, sometimes politicians will go to a director of the road and get a letter instracting me to appoint a man; but on our road this isa very rare occurrence. ReErORTER—And how are conductors and drivers appointed? Mr. Surrn—We make thorough investigation into the antecedents of every applicant. If he proves to be a responsible man we appoint him, taking a bond of $500 that he will fatthfally perform all the dutics and not steal the moneys of the co: nv In addition we administer AN TRON-CLAD OATH. that is attached to the bond, in which he swears he ‘Wil now steal, that he has never been dischargea from another road and that he will not go Into any strike, RePoRTER—What is the pay of your employés, nd how many hours do they work? ye have about 175 conductors, who aid $2 25 perday. We have about the same pumber of drivers and give them the same pay. Those employés Who have “swing cars’? work about | fifteen hou with three hours off. Those who make the “straight rans” are employed from twelve and a half to thirteen hours, ‘The letters | RerorTer—What is there in the statements, pubd- | lely tha arters und sope lents com- | pel conductors to pay tiem certain sums ‘to ret weir cars? Mr. SairH—That, as far as our road 18 concerned, 4s untrue; but as far as it relates to # } istrne. ¥ “oddities? here who hi eouductors since 1959, and e hare The influence them removed, is in danger of being discharged by the same in: ence that appointed him, we mvestigate the matter | and re him. | REPORTER—But are they not, more or less, ap- poiuted through the influence of ward politicians ¢ Mr. TH—No,sir. If you came to me wita lot ters endorsing you I would as quickly appoint you as if the Mayor of the eity asked an appointment for one of his friends. RerorteR—But, Mr. Smith, it is charged that where are SYSTUMATIC STRALINGS ON CERTAIN ROADS. Can you speak of that? Mr. Smiru—The Broadway and Seventh Avenue road was notorious for stealings, in which all per- sons below the late Mr. Kerr, who was an honest man, but one easily imposed upon, participated. yhen Mr. Marshal took noid of it he end vody run in six m h but I quickly discover that gets them appointed c: nnot get If the man who is a good conduct Ww travel, that persons injured on the road are promptly taken to drug stores and cared for. RePORTER—How about drunken men on the cars? What are the orders? Mr, SQuIkEs—Ii 18 a common thing for men to STUFF THEMSELVES WITH LIQUOR, immediately enter the cars, and when vie stat works they are drank and our employ és are expected to put them o@ or calla policeman to do so, We have our own detectives to ot passengers. KErORTER—How many, Squires ? Mr. SquimEs—Twent Me Daten Speaking of detectives, may Task as to your correspondeace with THE LATE SUPERINTENDENT JOURDAN? It ts satd that you refused to permit ihe police de- tectives to rid@ free on your road. r Squ 88—Lverybody seems to understand that uc thy ALD. Revorrer—How so? Snperintendent Jourdan Tread me your response to his appilcation for passes for the detectives on your road, and felt it keenly. Mr, Squrkes—The facts are that during the Beet. hoven festival Mr. Jourdan wrote me @ letter ask- ing me for yearly passes for all the detectives, As we carry, by actual count, free, TWELVE HUNDRED POLICEMAN PER DAY, Idechined. You must know, sir, that the moment a detective shows his pass the thieves spot him aud leave the car. I offered to give the passes for the festival, but as he refused to receive tuem and wanted every detective im the city to travel free, | deciined, and said “LET THEM PAY THEIR FARE.” That, ‘sir, ts the explanation of my faiinre to sus- tain the late Superintendent. Mr. Squires made some Other remarks on the sub- ject, put in view.of the fect that honest Jonn Jour- dan is dead, they had better remain unwritten and were better unspoken. Superintendent Drxon—Why, sir, we cannot be expected to furnish passes for detectives to ride along our line on business tor individuals, lhe thieves know them well—ever) man oi them, Their first business ts to make themselve familiar with the features of detectives, and when they see them on the cars they Wil not Work. | Several of our conduc- tors are vested with Benne sherii’s power, We put om our road by the aid of our private detectives trom thirty vo forty pickpockets per day. Mr, SQuiRES—We have, 1 think, the best class of men in the city, and w: ‘@ determined to do all we can to suppress rowdyism, protect passengers and accommodate thetpublic, On the ist inst. we put on thirty additional cars, making two hundred in all, and at early morn and at night, when the eS travel, Tun them half @ minute apa e are about adding another story to our general depot that will cost $260,000, and. accom- modating 1,200 extra horses, will enable us to pat on one hundred additional cars for the ac- commodation of the travelling public. It is to be of iron, with elegant towers, and when completed will favorably compare with Vanderbut’s new depot on Forty-second street, Mr. Squires, in conclusion, assured the reporter that before any conducter or driver was appointed his antecedents were closely scruunized, and if he proved unworthy he was in- stantly rejected, even if he had the endorsements of the most distinguished politicians in the city, not excepting Mayor Hall. A few moments later the reporter quietly entered the office of THE BROADWAY AYD SEVENTH AVENUE RAILROAD, and standing, hat in hand, awaiting a chance to see President Marshall, observed fim m a distant corner of the room in consultation with an applicant for appolntment as conductor, “WE WILL HAVE NO STRIKERS ON THIS ROAD; your papers may be all right, but before I give you &n answer I shall make farther inquiries,”? The words were uttered without a Knowledge of the fact that A chiel’s amang you taking notes, And, faith, he'll prent it, Waiting an opportunity when Mr, Marshall was. Sipengeged, the reporter handed him his card. Marshall glanced right and left, and exclaimed, “You are fromthe HERALD, eh? Well, you heard what I said to that man. How do you like it?” RePorTeR—* ough and ready,” Mr. Marshall; but E sone inahurry. I wish tospeak of your man- agemen Mr. MARSHALL—Well, we are surfeited with appli- cations for the appointment of conductors; bit be- fore we put any on the road we send around to find out if the letters of recommendation they furnish are genuine, that we may avoid repeaters from other lines. If we find one has been on ancther line we clear him our instanter, ares sometimes go down town and get letters from politicians; bat we do not discover that they are disreputable men until some Ume aiter. THE WAGES PAID BY THE BROADWAY LINE. STE hakipie vane do you pay your men, Mr, Mar- shai President MARSHALL—We pay conductors fourteen dollars per week and drivers fifteen dollars and seveuty-iive cents per week, as they have more work, The hours of working by conductors are actually about twelve. They make a tripevery hour and a Lal’, making six and eight trips per day. Our distance run by conductors datly are sixty-four, filty-six and forty-eight miles, Relerring to cases of disorderly conduct or drunkenness on cars, let me call your attention to the following rule:— RULE 11.—They will avoid taking into their car any Intoxt. cated person. They will allow po smoking, nor any Indecent Ianguaze or improper conduct in their car, and. should any passenger render himself obnoxious by such conduet to other passengers in the car or refuse to pay the regular fare, they | ‘will stop their car, call the assistance of the police, and remove the offending person from the car unless upon re. quest Le will leave voluntarily. ‘Tuts is strictly entorced py me. I have been on this road as president only about six months and been especially careful to weed out unworthy men. REPoRTER—Mr. Marshall, 1s there any truth in Tne orher roids shan’t shove a man o1 Who has been suipped by them for disaoacst practa At this moment a member of the Assembly entered the room and requested Mr. Marsnal!to appomt as | conductor a good man, “Bring him in.” exclaimed | Marsiai sc i iook at hun.’ The Assembly:nan , rted Into the presence of tue l’re: in, Who took LI pers und handed One was a letter of recom- m Governor Burnside, dated May 2, tying to the honesty, sobriety and good conduct of the applicant.as a sergernt 1 United States dragoons during a term P . Itis needless to 84y that appointed him asa conduc- 10. ene 8 duties On Monday morning. jollowiug 1s a copy of THE REPORT OF THE MURDER conductor Golithwaite on the moraing murder, whic as secured from hin | ever before published:— | .- 20 ofelock trip from Broome Browiway, Wien at Eighth street and Rosiya n and two ladies goton my car, Agatp, at | nilemav got on the frout ‘Twenty-ninta street I saw | Marshal, ni 2, 18 Oo ine there mee xente- | $ pulling the door, and the @he insive Taskes what was the inatter, The gentie- | atform gaia he wi ed w come inside and sit ¢ in, which he wid a nd gat down, | Platform, At th rn A ihe gentleman with the ladies asked He got ow the car first, and as he was ascist- to alight some man unknown to mecame | e car and struck hin on the head with some in- nid not recog- | enue. 1 hever to my koow- | ore. Tleft the gentieman in tothe depot and then went | ot the gentieman’s address and man's address is Avery it we, DUBINESS HN 1 tr ; FREDERICK GOLDTHWAITE, Conductor car No, 4 . 44 Broome sirect. | Passing over many roads whose officers were | visited oy the reporter, wio received no material | git irom tuem, Uns report will be closed by a few o ibe TH AVENUE LINE, owing to the darkness, L © n nara, Co fraud and discharged them. I know tue re ‘weil that I would never take a driver or conductor Who lad been on the Broadway aud Seventh Ave- nue Railroad RErORTER— u rg are hon en you thiuk all your present con- not alt; but I will catch them. last we your orders to cond jon of disorderly or ar They pou ar gup” 210 ao it es 10 be ISOBEYS Ht 2 WHO f puts b ‘the d & Sovines—Th Dat! a dozen HERALD & Jiowever, fir, Air, Dixon be you W Will take’ pl ein giving you The reporter quietly tvoOX Gut Lis hot paratory to questiong Mr. Dixon, When Bob stepped aio the breach as his churn THE LOOK LOY OF THE MOUAWK, fils the breach’at Alvany When there 1s 8 ‘danger Nghe” out. alr. Sgunies-—Well, what can 1 do for yon, sir? Keroxren—Mr. Squires, Dow man les do your | conductors travel per day, and how many wours do Shey work | dir, Syuines—Those on the Harlem run travel “ey She others travel fifty-four miles and receive $2 25 per day. The working ume is ten and a haif Douwrs for ail; but the whole tine aoont twelve or Biirwen hours. The drivers receive the same pay. RerorTex—Do you Snd much sveaiings on your Toad’ SIXTY-FOUR MILES AND ERCEIVE $2 50 PRR DAY; Mr, Squikes—We discharge inatantiy all men caught sieating, We have our gia men on the iine M 0se Cusy it 18 10 see Bhat bhar> "5 no snterruption I think we | 4 whose hea! sarein S$ xth avenue, near Forty. | fourth street. Approaching the dingy old building he inquired of a driver w the ofices were. “Up there uu the leit,” Was the response, ‘Tne lett was | found, and from It, leaamg to the second story, Was a covered with un- Lithy ’ stairs, 8 oO; ane t At the bead of the sta: ri 298ed én, One O. Whom, to where the Superin 0 asignin animal 1 avout nswer to ndeat’s at on at dotied, When ius Po me for intruding; Wespassing upon your it do you me hated) --5 > thatlw Wait your turn,” was onicial ” who ou Avout been draw st diseovered the fact ence ol T. By Buiter, tmeuy dropping bus card remarked:— ice. Twill leave you may be reached the door, aud was in the act headin Buuer called him back aud | a ihe ground that he jo sed iat reporter Was a pout who wa to forer himeel inte 3 rvou in tiv of some applicant for appoint- Henan rey m ihe di and ine Ake & SOME gentlemen wio clatins of ap- This cou. {AGO Was satisiactory 1 the rec and extn ue, Wi 1 proving thatthe conductors of tie su. | Lae were i, were | KIC ON $2 69 PER DAY, 1 and never r any of the necessaries of life. | A venera man WhO Was as<o¢ | ; Dim in the ordeal of examination, who: not ained, after Mr, Butler, of ine KOs d spoken, ret ee that You are a genticiyen in search of | { with to say here that the directors of che ixth avenue Ime desire to elevate the status of their employés and deserve the support of the pub- lie. 1 tunk all my associates teel as Ido, ava wish to make the ruad wortiy of poe couudence and such that all ean patronize tt wituout fear of assault of insuit.’? Some discussion followed between Mr. Butler and the reporter as to tue Pgmancration of the men, and the Joymer weuueman peut alr, Moore for one | that the same was nn Turney, & conductor, who was ‘“conventently’* near, to prove that, having been on the road PIVE YEARS AS AN HONEST CONDUCTOR, he had saved at $225 per day suiicient to pur- chase a homestead for $4,000, which he subsequently sold for $6,000, Turney—a venerable, ‘old, sly Irishman—came into the presence of Mr, iutler, ud answered the -latter’s questions, Tae in- terview showed that ‘Turney was “honest,” and he declared that he had saved $1,000 while on the po. lice force, vefore he had entered the service of the road, and borrowed the valance of the amount neces-ary to purciiase his homestead from a iriend; that he had a son Whose earnings amounted to $300 per year, and that with this aid he was merely able to Keep out of debt, with a aalary of siz per year received from the Sixth Avenue Ra Toad Company, Verily, as Mr. Butler says, “Turney 18 honest’’—perhaps too honest, to tell the truth, As a fitting facie to tue Interview it may be stated that when Turney had repeated his story the venerable and unknown director aloresaid, who had retired under the shade of the window, apparently red out ana disgusted wich the “audi- ence,”’ remarked to the conductor:— “Mr, Turney, have you ever been au administrator of an estate /"? Turney answered in the negative. Messrs, Moore and Baxter sat quietly in their seats, and around the lips of the “unknown director” played a peculiar smnile of quiet satisiact.on, ‘The raid of a reporter here closed, and in conclusion he would suggest that in view of tne fact that cer- tain men were appointed yesterday as condactors on certain roads of the city, it would be well for the presidents of the various ratiroads to photograph all their conductors and compare them with the aces that adorn the gallery over which Detective Captain Janes, of No, s0v Mulberry street, presides. Proba- bly not one in three pundrea of the conductors would be found in Irv.ng’s gallery, but if one ap. pointed yesieraay 1s found, Captain James’ gallery Will be voted a public benetit, IMPORTANT RESULUTION OF THE RAILWAY PRESI- DENTS. At a meeting of the presidents of the city rail- Toads last evening tue following resoiution was adopted :— Resolved. That we will not employ on our several lines Any xppiicant, either as driver or conductor, who comes to us with political endorsement and without business le:ters. A Way to Stop Insult and Rowdyism in New York Streets, Cars and ‘usses.”? To TuE EDITOR OF THE HERALD In certain emergencies extraordinary measures are necessarily taken to effect what could or would otherwise be accomplished by the powers that be, hence I would suggest through your columns, ask- ing your advocacy of the same, the appointment of a “special police,” to be comprised of gentlemen known to, aay Judges Bediord, Hackett, Dowling and his Honor the Mayor, allor either of them, to serve without pay, and only to be provided b; the police — authorities, Sherif, City jarahal or Mayor with such badge or other authority as will enable them to make Immediate arrest of any disturber of the peace on the streets, cars or on the omnibuses Of this city, persons so ap- pointed to have the same power of arrest as police oiticers, and to be only exempt go far as they (poltce- men) may be. ‘To prevent the abuse of such power or ts transfer they could readily have means of identification by an index roli of their names and signatures, copies of which could be lodged at each station house, and which they shouid be called on to verify nig, station to which they should carry a prisoner, his would, in fact, pe establishing a Vigiiance committee, but one inside the law, and no such recurrence of *fosier” cases woulu happen. There would then be no collusion between police and thieves, car conduciors, drivers and ex- perts, for eacn and every one thus as- suming a vigllant’s badge would necessarily become @ conservator of law and order, and the thief, thieves, rowdies and murderers would never know but that a large proportion of those arouna them were ulso “vigilanis.” Somewug must be done, and as our police cannot protect us (or do not) We must protect ourselves, us well as those near and dear to us. Can you suggest a better plan? 1 not, be pleased to cail aitention to the foregoing; aud if bis Howor the Mayor, as chief of ‘the city, Will swear in these specials hejwill find me oue of the tirst to come forward. CILIZEN OF WALL STREET. New Yorg, May 5, 1871. THE COURTS. UNITED STATES DISTRICT COURT—IY BANKAUPTCY. Adjudications in Involuntary Cases. Herman Harris, Julius Brager, Charies F. Dodge. Investigation of Saukrupts? Traasactions After Their Disckarge. Before Register Allen, In the Bankruptcy of Frederic Berthrup and Augustus Daizell.—In September, 1867, she above parties were adjudicated bankrupts on their own petition, owing devis to the amount of about $300,000, They subsequently obtaimed their orders of disch ge. An investigation ts now commenced to ascertain whetier any property has been concealed by the bankrupts from the assignees and to recover from certain parties property alleged to be deposited with them before the baukraptcy, in traud of the creditors, ssra._B. Trask and Schmidt were ex- amine. by Edwin James, counsel for the assignees, as to their transactions with the bankrupts, the Jormer deposiug that his books had been burned and the latter stating that his deaiings with them amounted to many thousand of doliars, but that he had not kept any books or memoranda, Alter a long tavestigatiou the cas? was adjourned. UNITED STATES COMMISSIONERS’ COURT. Charge Before Commissioner Shielas, The Tnited States vs. Wiliam Ryan, Barney O Donoghue and James Doyle.— Tae defendants are seamen on board the American ship William F. Storer, They are charged with making a rioton board by attempting to kill one of the crew named Wiliam Povie, and further with threatening tne officers and refusing to obey them. The vessel 13 lying 1n quarantine and, as there is smallpox on voard, the Health Oltcer would not allow the cap- ’ uid tesufy. The charge one of the harbor . The Commissioner held the accused in 3,000 ball each for examination on Monday, iE COURT—CHA’ Action to Set Aside an Assosss Taird Avenuc between Yorix lem. = TBE AS. ent for Paving v and Hare Before Judge Cardozo. In re Rhineiander.—A portion of the Rhinelander estate comprises some vacant lots on Titird avenue m the vicinity of E1ghty-ninth street, and the same ‘were assessed for paving the upper portion of the avenue, between Yorkville and Harlem. The present is an action to set aside thls assessment. It was urged in favor of the motion to declare the assess. ment vox that the ordinance under which the work was done was passed before the act of 1870 for the “improvement of the government of the city of New York,” that the contract for the work was made before the pas sage of the latter act, ar that the as- sess Made subsequently. It was further statec ie contract siipulived tor laying new and re-laying old bridge stones on the cross waiks the coutracwor charged for the work as thus done, that the advertis required by law cou 11n two oi t rporauon papers, ai tof 1470 provides, if the amount of the ase Bessel Is lacreased amount OF Such u essed, Be ud or trregularit yr at; that Une contract being Made #ud the asseasincot made {oi notouiy the trap block pavement directed by the ordinance, but ior ovuer Work not sutuorized raul must be dec act oF) In the fl void, aud that under th ton couul nor be mand s unconstitutioaal, t on ama ‘The counsel for the ustitutionality of the act of pleation lo the Case and that reduction that could be done, ere no dere eularity picaGon for such reduction could be swe. based. The Court reser SUPE: Finale of the Komous Ford Divorce Suit. Before Judge McCuna. Prederick W. Ford vs. Mary Ellen Ford.—Ting as ulso the pro- heen published, It will Le remembered gment of divorce imme- The case came up for mcnt of the decree and adjudication of all- Yhe former part of the business was despatched, but on 2 an externted It appeared for alimony. ant trial, have reached yesterday its finale, that the Judge granted a ely succeeding the tr ye rounptly there opposing Wats 1D art represetite the v Salary, and aet, red pout of ampecuniosic Was the utmost Ford 1 i Me. tita Of hard work, small ed to Miuvost the extrema Iie said that tity dollars Ford's lawyer Ids cient could pay. For Mrs, was urged that she was greatly In need Of this 4 aud, farmer, that it was her just due through the previous order of the Court. “the Judge Was iat disposed to order payment of the whole amount, but Anal, dered the payment of Ouiy seveuty-tive dollars, Mr. Dennison, the Monday, the same tw be given to defendaavs jawyer, on next Decisions.” Hess v8, Phusing.—Order granted, Aurea Moron vs. Hamuiton W. Shipman.—Same Auguatus'L, Kifert et al. vs The Newark India Rubber Manufacturing Company,—Same. _ Kile A. Gaile et at, ve, Sein 8. BArne5.—SORe. Daniel O'Leary vs, Joseph W. Bradley.—Same. Walecorth vs. Walworth.—Same. James 8, Morgan vs, The Nev Yorke Harbor Light- ering Company —Reterence ordered, D. vs, W. C. Gtiman,—Order granted. By Judge Adam Roediger vs. John denied, without costs, COMMON PLEAS—SPECIAL TERM. Judge Loew yesterday rendered the following Ce- cistons:— Dornaner vs. Catherirood,— Motion granted, Toole vs. Duggan,—Motion granted, See memo- randum for counsel, Leslie vs. Lestie.—Motion to file an amended avswer denied. Asher vs, The Nattonat Park Bank,—Motion for @ new trial denied. See memorandum for counsel. Noyes 0s. Corites.—Motion tor & new trial denied, without costs. COURT OF SPECIAL SESSIONS. A Ship Fight—South street Ship Brekers Duellists—Attempt to Seize a Vessel in tl East River—The Verdict -Special Sessions— Saturday Scene, Before Judges Dowling and Shandley. From sensations derived from “keno,” ‘faro” and @ multitude of other peculiar things, the public is now to be treated to @ little diversion from those who ‘go down to the sea in ships” and bring the products of the East aud the South for our special beneft. On Tuesday last the case of Morgan vs, Tapscott was before this court, when the former charged the captain of the ship William Tapscott with attempting to SHOOT HIM WITH A REVOLVER. ‘The case was then dismissed on the ground that the attempt to shoot had not been proven. Both the men named in the suit are shipowners and merchants in this city. James T. Tapscott, it appears, formerly owned tne whole of the vessel; but some time ago he mortgaged twenty-seven forty-elghths to the firm of Morgan & Co, The ship was then away on a voyage; but before she returned Mr. Tapscott claims that he took the morigage out of their hands, and that consequently the entire vessel was still his, Morgan claims, on the otner hand, that the portion of the si named bas not been taken out of their hands, . :d that, as they hola three forty-eighths more thai, the half of the vessel—the half being twenty-fou. orty-eighths— they were entitled, according to the. mortgage, to enter upon and TAKE POSSESSION OF THE Siti. When the ship arrived in port they went down and told Captain Spencer, who was then in com- mend, that he must deliver up the ship to them, He communicated with Tapscott, his employer, and the latter immediately told him he would hold him responsible if he allowed Messrs. Morgan’s men on the ship. Morgan applied to the Supreme Court and obtained an order from Judge brady for posses- sion of the ship until the dispute between the parties should be settled, They went to the ship on the instructions of the order; but when they arrived there Mr. Tapscott was there, and as they approached he leaned over the railing at tne stein and said, “iL shoot tne tirst man who attempts to interfere with my property.” A new phase of the case was presented yesterday, disclosing MORE EXCITING INCIDENTS. Morgan, being armed witn the order obtained from Judge Brady, had instructed one William Arm- strong, wlio resides at No, 23 Park avenue, Brooklyn, to take charge of the vessel in the interest of his firm. On the 4th of April last he proceeded with a number of others to the dock where the ship was lying, off Madison street, in the East river, and was about to take charge of her, when ‘A PLATOON OF POLICE ARRIVED, in accordance with the request of the owner, Tap- scott, who had foreseen the difficulty. As Armstrong was about to go on the ship Mr, Tapscott said to the captain, ‘Have you a revolver here?’ The latter handed him one, Flourishing this ¥ was alleged) he struck Armstrong on the head with it and dared mm to remain on the vessel. The sergeant of police went on board, and, after observing Tapscott. with the pistol, he demanded it from him, returning it to the captain afterward. A great crowd had collected on the dock, and caused con- siderable excitement at the time, but when Sergeant Crow learned that the chief dificulty was in the feud occasioned by Morgan enterig a civil suit, he sent his men back to the Seventh precinct siation house, as he could only interfere in case & breach of the public peace was committed, The striking of Armstrong with the pistol was, therefore, the cause of the suit this morning, whue last court day Morgan charged him with ATTEMPTING TO TAKE HIS LIFE, by presenting the pistol at his body. Both the Judges and the bevy of counsel engaged in the case took part in the proceedings, but none of the wit- nesses appeared to establish anything beyond the fact that the detendant did take a pistol in his hand and made a threat. As far as the evidence went there were six defendants on one side and half @ dozen on the other. So thought the Court. Tap- scott said they had no right to trespass on his ex- ciusive property; Morgan claimed he alone had tie Tight to control the vessel. jndge Dowling—So far as the attempt to take life, or even violent assault, a3 alleged, are concerned, the Court can see nothing to prove, from the testi- mony, that such attempt was actually made. The tact that a platoon of police were ordered to attend shows that the mischief was anticipated by the de- fendant, Tae sergeant did perfectly right not to allow his men to mterfere In a case like t which should be settled in another court. We nave ho wish to-take the matter ont of the Supretae Court, aad must, therefore, acquit the defendant Nothing daunted, the complainant next wished to punish James Gallagher, @ man in the employ of de- Jendant, but the ammus was so cleariy shown that the Judge, with his usual good sense, advised @ sus- pension of hosalities unt the Nag of truce sent by Judge Brady should be withdrawn, LOOK ON THIS SONNE, THEN ON THAT, The curtain having falien upon this scene of heavy tragedy the court Was next treated to a little of Lhe Serio-comic. Alexander Sawyer, a mean and contemptbie-looking rowdy, was charged by Pairick Collier with stealiug eight dotlars and a half Spencer, Momiyre et al.—Motion from hts sieeping apartwent at 517 eari street on Thursday marning jast, Pat, wao was the most exact impersonation of a green Irishman, in dress, speech and manner, stated that he had only arrived from the “ould counthry jist the day afore the uither; the money he tookt irom his pants’ pocket, bamg ivery sint he had in the wor-rid.” He took thisroom in conjunction with the prisoner, as it Was more economical than havlug a room by tum. sell; lor, “in good faith, yer honor,” said Pat, *af Vd taken the Astor House [ could not have paid more than thirty sinis a night for 1t.’7 Sawyer arose on the morning In qdestion, emphed the contents of Pav’s purse into his own and went out, without leaving the ocer a dime with which to buy a cup of cottee. Judge Shandley to prisoner—The Court 1s deter- Mined to punish Sach idle thieves a3 you. The poor emigrants Who arrive in this city appear to pe the rey for every kind of human vulture, Every trick is 1esorted to in order to fieece them, Now here is a@sadcase. This poor fellow nad landed here but one Gay, inexperienced and extremely poor; yet you did not hesitate to take from him every cent he pos- sessed, The sentence of the Court 1s six months in the Penitentiary and a fine of filty dollars; you to stand committed untfl the fine is paid. Join Wilson was charged by Henry B. Davis, of 842 West Fourteenth street, with stealing a roll of oilcloth, valued at fifteen doliars, Tne prisoner admitted his guilt, and was sent up for six months, to ix 1”? THE FORD DIVORCE CASE. In the report of the Ford divorce suit, which ap- peared in the HERALD ou Friday last, the name of James Wheeland appeared as that of one of the wiinesses through an ecror, The testimony attri- bated to lin was given by Robert Wick, Mr, Wheeland was nota witness in tne case, THE ERIS Wit. The Attachment for Contempt Against Jay Gould. The motion on the return to the writ of attach- ment against Jay Gould, President of the Erie Rail- Company, for contempt in not producing the books ond papers sre ‘ified In the order of the Master, on the 14th of last month, was to have come on yes terday in the United States Ciruit Court before Judge Biatchiord, : Mr, Gould was in court, and did not seem to be quite at his case, A powerful array of counsel on both sides was also in attenstanee, Mr. Beach, counsel for Mr. Gould, said that the writ Was returnable to-tay. He desired to remark that Mr, Gould did not imiend to offer the slightest disrespect or indignity to the Court, and, doubtiess: it had been brought to the notice of the Court that Mr. Goutd had already fully complied with the order of the Master, before whom he had produced the books and papers called for, Tae inquiry before tie Master Was not yet finished. The Juage—Probably, under tneyetreumstances, it Would be better to suspend action for We present. Mr, Southmayd said he had no desire to press the Toatter now; it would be ior the Court to say | what should ve done Mr. Buckley suggested that all the motions in these matters, inctqding the Coleman mowon, should go over for two wecks. This suggestion wa agreed to, and the subject then dropped, STILL AFTER THE FAT MELTERS, Captain Gunner, of the Nineteenth precinct, yes terday made araid on two fat melting establish- ments in his ward which have been for some ume past tie cause of much complaint. That belonging to Alexander PB, Sears, No. 407 East Forty-flith street, was first visited, and the proprietor, together With all his men, arreseed. The estabiishment of Lous F. Meyerrick, between Forty-fourth and Forty-fifth sireeta, was then visited, and the pro- Fide of of this also, with his men, taken. Justice ixby, at the Yorkville Pollee Court, held th prievors Lo answer at the Special Sesstons, chaiwed the others NEW YORK HERALD, SUNDAY, MAY 7, 1871.—QUADRUPLE SHEET. eee eee ee ie ae ec ee ee ee ee eee Cee oe SSE THE DIAMOND SHUGGLING CASE. EXTRAORDINARY DISCLOSURES. A Hunt After Moieties. Informers’ DETECTIVES LOOKING OUT FOR NO. 1 The case of the United States ve, H. 0. Justice was heard yesterday betore Commisstoner Osborn. The defendant is charged with having conspired With another to defraud the government by smug- gling & quantity of diamonds from Zugiand into New Jersey. Some months ayo, as already stated in the HERALD, a young Englishman, named Augus- tus C. Radcitife, came over to this country trom London on boara the steamer Java, At Euston square station, London, Radcliffe met the defendant * Justice, who also was bound for America by the same steamer, They formed what may be termed a travolling acquaintance, and on tie voyage Radcliffe opened his mind to Justice, telling him that he was a diamond dealer, that he had a quantity of dlamonds on his person, and that he mtenuded to dispose of them ta the United States to the best advantage. When the steamer reached New York, both Radclitfe and Jus- Uce, and a third party named Esmond, who met the two former on the arrival of the steamer, drove to an uptown boarding house, where, as the testimony shows, Radclite engaged Esmond to travel through the country for him for the purpose of selling the smuggled diamonds, 1t appears that Radcliffe ad- vanced money to both Justice and Esmond; but having stopped these supplies, he one fine morning Jound himself im the clutches of Colonel Whitley, chief of the Secret Service Department, upon whom botn Justice and Esmond had waited and given all tne information they possessed respect- ing Radcliffe and his alleged smuggling operations. An examination {nto the case was subsequently bad before Commissioner Osborn, who, upon the facts disclosed by the evidence, held Radcutfe to answer. Subsequently, however, Radclitfe was discharged on small bail; all his diamonds were returned to him on the payment of $4,500 to the government, with the understanding that he would not be prose cuted for the offence of smuggling charged agaust him. Now the question ts, how did Justice, who, upon the examination of Radcliife, was the principal witness for the gov- ernment, come to be arrested on this recent charge? Itis alleged that the accusation has been got up against him by the detectives, who are reported to be in fear that he will put in an application for an “nformer’s” share of the “moives" in this transac- tion, which certainly does not look to be a clean one, and which, if the allegation made be true, refiects the greaiest discredit on the Secret Service Depart- ment, and, through that department, upon the gov- ernment. Justice emphatically states that he is not in any sense an informer, and that he has no intention whatever of demanding an “informer’s share. As the case pre- sents Magy singular aspects, we report tn full, add- ing that the testimony offered yesterday before the Commissioners 13an eXtraordinary tilustration of how frequently itis songht to prostitute courts of Justice to the grecdiness of ill-conuitioned officials who sometimes seek persona gain rather than the detection and punishment of crine. When the case of Justice was cailed on yesterday Mr. W. F, Kintzing appeared as counsel for the de- fendant, and Mr. De Kay Jor tne government. TESTIMONY FOR THE FROSICOTION. Augustus C, Radciiife sworn, and examined by Mr. De Kay:—L live in Brooklyn: | Know deiendant; met him tirst on the 24th Septemb r, 1x70, at Lon- don, at Euston square station; we Look We cars, and went through Ireland to take the boat at Queenstown; he said he was a miner, and that he had come over from Colorado to sell ms mines, waich were worth one million of doilars; he asked me my business; 1 told him I was a diamond dealer; he said there was a duty on diamonds in the United States; 1° told him 1 did not Know that: he said I must be careful, and that nobody thought of paving duty on diamonds; he said he would have a irlead—Mr, Esmond—to meet him when the steamer reached New York, and that he would take the diamonus ashore for me; I did not ask him to take them ashore for me; he said we had beter think over we best way of getting them ashore; a conversation ensued petween Us justu ed in tue narbor; he asked me if f had made up my mrad to keep the diamonds on my person; 1 said yes; he asked “me i 1 nad any bilis or papers avout the diamond i so I had better give them w him; that of they Were founa in way trunk they would have in- cite suspicion and cause a search; then I got my papers together and gave them to him; 1b took the dlainonds asilore on my persua; Esmoud ca sel arrived m port; Just & few days after; we ‘orty-cightn sireet, lo board with Justice; boarded there Uo or three months; the same night I arrived Justice asked me tosaow him the diamonds aud | did s0; he introduced me to Lsmond to sell the diamonds for me; l engaged him; Justice became diy for mond for the diamonds {gave hia to e him the quarter portion of tio several times IT had some simail pecuniary transactions with Justice, Tals Was objected to by counsel for defendant and ruled out by the Commjssioner. Witness—Justice was not to derive any profit from the sale of the uiamonds; when ne told me there was no duty on diamonds 4 took it for granted thac What ne said was irue; I beleved it was trua; £ khew it Was wrong to smuggle the diamonds. The witaess was then cross-examined as to the charge made against hii when he was held for trial and adinitted to bail. He said ali the diamonds tuat witness smuggled were reiurned tu him on payment of @ check for $4,500, which was pald by Mr. Bradicy to he overnment; the check was handed, he believed, to istrict Attorney Davis; witness understood that on the payimeut of that check the prosecution against hin woud be dropped; he did not know Whether he would be tried or not; Nad no conversa- tion with Colonei Whitley but once since he (witness) had been arrested; Mr. Neweome came for witness to General Anthon’s office, but did not tell him that ithe gave evidence agaist Justice it would be a benefit to him (witness); he knew now that he was a government witness, but could not tell whether his evidence would serve Justice or not; Cross-examined by Mr. Kintzing—I am twenty- vhree years of age; I was brought ap in the old coun- try, in the diamond business, since I was thirteen or fourwen y iaiher, and travelled for him ia kngiand, atic and Scotland; 7 never tn the oid country was out of the Kingdom of Great Britain and Ireland; the value of the diamonds Was between §5,000 and $9,000; L bought tiem, Q. Where lid you get these diamonds; from whom dia you buy them? Oojected to by counsel for government, Objection susidined aad exception taken. «. Do you mean to say that when you left your oountry you beileved (iis Country imposed no duty on diamonds? A. Yea, Q. Perfectly igporant on that subject? A. Yes; when I went on board the ship, wit the diamonds secreted of MY person, In A pocket book, 1 knew, from what Justice toid me coming through Ireisnd, that theve was a duty on diamonds ta the Untied States; [believed what he satd; ft wid Justice that 1 had the diamonds in aa elastic stucking which L Wore ior varicose veins; he said thac was a good way to carry them, To (he Commissioner=The object I had in coming to this Country was to establish a business in dit Inonds; ay Jar asl Know there i8 no duty on dis- monds between Engiand and France. Question by counsel for defendant—Since you have come to this country have you received dia- monds through the post from London trom your | father y Ob: Koad to by government counsel and objection un ness—T have received a number of letters from mv father; I received Jetters from him snortiy after Jarrived here; 1 destroyed the greater poruou of them, Q. Did those letters that you received from your father contain any dumonuds? Objected to as entirely irrelevant and as tending to criminate the witness. Counsel for defendant said the Court of Appeals had held that When a man went on the stand coun sel, On Cross-exammination, liad a right to wo tu ly into his history, In order to determine the credibility of his vestimony. Counsel for government sald, in reply, that if tne matter tiquired of had preveded the present trans action, he would not object to the question. ‘The Commissioner said he must rule out the ques- Mon Hs not Material to the issue. Exception taken by counsel tor defendant. ‘The next witness was fF, C, Bstmoud, who gave the | folowing testimony:—I live at No. wo Eighth street; i an agent jor pianos and Organs; I rst meta. Jan C. Radciive under the assumed name Of A. 0, | Chamberiain; | was Introduced to him by Mr. Jus. tice, who said, “This is Mr, Chamberlain,” this in- troduction took place on board the steamer Java, in this port; saw Kadcliffe hand papers to Justic qr. Justice said if there was anything contrapand in the papers he wouid not take them; Radclitie said there Was nothing contraband in the papers, and e pro | with him for setting and at then Justice took them; we then went to the board- ing house, and for three or four days alter that I Knew Radcliffe only by the name of Unaimberiain; I had a conversation with Radclitte about the dia- monds and selling them; after I formed 4 contract ¢ diamonds he told me he knew there was a duty on diamonds, but t he never intended W Day any; it was in conseuuence ars of age; [was in basiness witn iny J 1 of the information I gave Colonel Whitley that Rad- cliife was arrested. At this stage the tnqmry was postponed to Mon- day, Mr. Kintzing stating that he wished very much colonel Whitley to be in attendance. It was men- toned that Colonel Whitley had gone to Caifornia, though it was said in rep.y to this remark that he was here yesterday. Mr, Kintzing also c mplained that the government had not kept faith with Justice, having promised nim protection when he gave in- formation against Radehite. Mr. De Kay dented the accuracy of this statement. ‘The Commissioner said he understood that some such promise had been made to Esmond, but not to justice, And thus this extraordinary matter dropped for the day. THE BONARD WILL CASE. A Friend to the Dumb Brute—Bequest of $150,000 to the Society for the Prevention of Cruelty to Animals— ‘he Will Disputed—Heary Bergh on the Alert—The Cham- pion of tho Society in the Surrogate’s Court. The famous Bonara will case was called yester- day again before Surrogate Hutchings. It will be: remembered that the late Mr. Louis Bonard made two wills within two weeks of each other. In the first will he bequeathed all his property—real and Personal, to the amount of $150,000—to the Society for the rrevention of Cruelty to Animals, with the’ exception of $40,009, Thirty thousand dollars of this latcer he bequeathed to a gentleman named Walter Jones, and tle remaining $10,000 {eil to the lot of a person named Wiillam &. Bell, This wilp was made about the beginning of February; but on the 14th of the same month Mr. Bonard repented of his first disposition of his property. He told those about him that HE WAS NOT SATISFIED with the document which he had signed before, and that it should not be his last will and testament, He further stated that Mr. Jones and Bell were harpies, and that there was too much grasping on their part. He said he would make a new will, and, the mild face of Mr. Bergh, and visions of torturea car horses and howling rat ;its, no doubt, looming up before him, he determined to leave all his pro perty to the society which throws its sheltering arms over the dumb brute, and whose very name is a terror to savage drivers, dog fighters, e¢ oc genus omne, Accordingly, in St. Vincent’s Hospital, Eleventh street aud Seventh avenue, on the 14th of February last, he MADE A SECOND WILL, and devised the whole of the $150,000 to the Society for the Prevention of Cruelty to Animals. Messrs, Walter Jones and Bell dispute the second will, 02 the ground tat the deceased was not in his right mind at the time he made it, and that some undue influence had been brought to bear, Messrs, Elbridge W. Gerry and William A. Boyd appeared for the proponents of the second will bequeathing all the property to the Protective Society; ex-Judge John K. Porter an able associates for the propo- nents of the first will on behalf of Messrs. Walter Jones and Bell, and Coudert Brothers, who repre- sented the unknown heirs in France, were them- selves represented by Mr, Foster. Mr. Bergh, the President of the Suciety for the Prevention of Uruelty to Auumals, LOOKING AS MILD and as contented as though he had just relieved some jaded, galled hack, or made a successiul raid on @ Frat pit, sat beside his counsel and evidentiy ‘was not altogether indifferent to the financial con- dition of his pet society. Mr. Foster, on bevatf of the Coudert Brothers, said that ne would wish that tne case should be al- lowed to remain over until next Saturday. The - counsel for wil the proponents, he believed, con- se nted to the adjournment for a week. One of the supposed heirs in France was @ Mademoisel e Jose- phine Bonard. She was, he said, the niece of the de- ceased, who was himsel a ive of France, He asked for the adjournment for a week for the con- venlence o! the Coudert Brothers, in order that they might pe able to file their objections. However, ho said that in the meantime he would have no objec- tion that the formal examiuation of the subscriving witnesses should be gone on with, Mr. Mermond, one. of tie subscribing witnesses tr. Mermond, one of the sul ng then ‘estified that he resided at No. 116 Prince street. He satd he Knew the late Mr. Louts Bonard singe he was fifteen years old; he remembered the 14th of February, 1871, and on that he said he saw the deceased at St Vincent's Hos- pital, at the corner of sh street and Seventh avenue, in the city of New York; the paper produced was signed by deceased on that day; the siguature to it was his: Mr. John G. Bovd, Mr, John Campbell, Mr. Gray and several other sub- scribing witnesses were in the room; the paper in question, he said, Was the last will and testament, and was dated the lath day of February last; the will on that occasion was read over vo the deceased before he signed it; after he signed it be asked the deponent to withess It; the witness here identified his own siguature; after he signed it HE SOLEMNLY DECLARED itto be his last wiil and testament. He further said that atthe tme he—the deceased—signed tie hy will he believed him to ve perfectly rational; appeared to perfectly comprehend what him and what Was being done at the time; the deceased also appeared to comprehend the re- lations which he bore to the persons mentioned in tne document above mentioned. He appearca to have all the particulars most fully before his mind at the time he signed the will, M age tesufied that he Knew the late Mr. Louis he saw him, he said. at St. Vincent's fios- 1a this city, on the 14th of February tn the pre- sent year; the witness identified the signature of Louis Bouard, who signed tue willin the presence of witness; he said that he himself signed the will AT THE REQUEST OF LOUIS BONARD, who requested the otuer witnesses also to sign their names to it; everybody tn the room signed the will dt the request of the deceased, and in presence of each other; the witness said that he heard Mr, Bonarda himset! dictate the terms of the will; in the opmion OF the withess the deceased was at the time of the signing of the will sound in his mind, and perfectly capable of disposing of hts real and per- sonal property; the deceased appeared to be under no restraint or excitement; in fact he considcred nim capable of transacting ordinary business, ‘Thomas Waiter Hartterd deposed that he resided at 27 President street, Brooklyn, on the 14th of Feb- Tuary last; on the L’th and 14th of that month he saw the late Mr, Lous Bonard at the St. Vincent's Hospital in this city; Mr. Bonard, ne said, died on the 2ist of February, seven days after he made the will, at the same place; be recoyntzed the signature of Mr. Louis Bonard attached to the document pro- duced; that signature was made in the presence of ‘the witness, and he WAS REQUESTED TO SIGN THE WILL by Lonis Bonard; witnesses identified the signa- ture which he attached to the will in Mr. Bonacd’s presence and in the presence of the other subserib- ing Witnesses; ihe latter al. staned the will, he said, at the request of Mr. Louis Bonard himself, and in his presence; the witness here gave the names of (he Witaesses preseat on the oceasion in the roo. of the deceased in the St. Vincent's Hoapital at ine time of the sivning of the will; after it had been signed by everyoody present Mr. Bouard handed the dceument to Mr. Campbell, the executor, stutlig that that was HIS LAST WILL AND TESTAMENT, Albthe subscribing witnesses were present in the foom from ten o’etock in the morning of the Lath of February, the day on whitch the will Was made, until half-past Owo o'clock in the afternoon; Mr. Bouwrd he sid, Was perfectly rational ali that time and p fectly capable of disposing of all his property, rr and personai: he did Not appear to be under the Silghtost restraint. Mr. Boyd oered tn evidence a certificate of the Health Department specifying the date of Mr. bo- nard’s death; also the ifieate of naturalization of the deceased. Mr, Fairchild, special receiver of the estate. nded in a certificate of naturatizauon. Whe Wii to Which the above Witnesses subseribed was the one bequeathing all the estate, real and personal, tothe Society for the Prevention of Cra- elty to Animals, ‘The afidavits of Mr, Walter Jones and Mr. William R. Bell. two of the contestanis of the second will, show at very great lenin that the document spoken ot at Was tot the last will and testament of the deceased: that IT WAS NOT TESTED according to the strict requir-ments of the statute, antl that, therefore, that Instrument must be con- siderca nail and ‘rhe allegations furthes attirm that tne beqneaing of property to an tu- corporated society was assumed, and that this so- cicly Was not at the time of such bequest authorized to take the bequests. The contestants of this secoud Will are very Numerous, Most Of Whom are supposed to ve in France, Mr. Walter Jones owes a@ bond of $26,000 to the estate, on which he has pad interest for some considerable time. Ailer the testimony of the subseribing witnesses had been taken, Mr. Gerry asked the Surrogate if he would direct the further hearmg of the case until | Saturday next and that the Coudert brothers be re- quested to tile their objections betore that day. Surrogate Hutchings said that no other allegations except those from the Coudert brothers would be re~ ceived or filed on behalf of the unknown heirs in France, and that they mast be filed before nexs turday, and that Copies of those allegations must e served Oa Messrs, Gerry aud Boyd velore Weanes he further hearing of the case was then post- Poned until Saturday next, and Mr. Bergu agaw went forth on his charttable misston, COAL, THROUGH THE CHESAPBAKE AND Ono CA- NAL.—The trade over this canal le now very beak, The Cumberland Aveghayian says there were clea.ed at the Curaberland oftice within the month of April, Just closed, 955 bouts, carrylag 109,751 tons of coal, 201 tous of fire brick, 1ju42 bushels of potatoes, 26,200 leet of iumber, and 1836 tons of sundries. The coal shipmen.s Were 29,560 tons in excess of | those of tue ior nee, Month last year, and 7,706 tons greater than for the month of May’ las Macey ef tae the largest month’s business 1 ry e wECV I x a aL al oud that of the Mons