The New York Herald Newspaper, May 16, 1871, Page 6

‘ i UTAE. The Visit of the Americus Club to the City of the Saints. Their Interview with Brigham Young—He is | the Mormcn Eo:s Tweed—Important Cases in the United States Courts Involving Mor- mon Rule—Attacks of ihe Mormon Press on the United States Judiciary. Great Sact Lake Cry, May 10, 1871. ‘The event in the tourist ime of the past week was | the arrival of the Americus Club party, under the Presidency of Mr. Owen W. Brennan, from New York, The “William M, Tweed’? was regarded as one of the most paiatial cars ever seen in this val- ley, and the size of tae Americusses’ diamonds, their priliancy and giitter, quite astounded the qniet denizens of the City of the Saints, That Balntly and spiritual paper, the News, became ex- traordinarity minute and lively in aescribing the Value of th diges of the club, with their golden tiger beads and the large and varied jewels wich studded tiem. Fora white It was clear that the saint was becoming worldiy and sighed for the pos- session of some of the badges, which were valued at several thousand dollars, The Vews also said that the distin cuisted gentlemen had gone away perfecuy satisfied that all the slanderous reports they had heard of the Mormons were false. They were un- questionably satisfied with the fact that the saints were re; aints and were & much abused ana per- | secuted The boys calied upon ‘Presi:lent’? Young, w ceived them courteously and did not attempt to take any of their scalps, and this con- | firmed their view that Briguam was aterribly abused man. They rather took a fancy to Mr. Young, who 4g, they said, very mach like Boss Tweed. Indeed, he 1s just such a man as the Boss, repeated the boys, | and we'll bet on him. At all events, they were so | much impressed wiih the bearing of Mr. Young tat | they invited uum to goto Ogien in their car, the “Tweed.” Brigham was on hand, with George Q. Cameron, his shadow, and one or two other elders of the Church of Latter Day Saints. Ex-Congress- | man Thomas Fitch, of Colorado, a novitiate, who | has come were to settle, and who seems to be the last pet of tie Mormon authorivies, was mn the party, and me car went under the eyes of a large crowd, collected to see the magn.tes of New Yo New Kingdom, The Americus boys are not heavy on the religious tack, but they would find it nard to beat Brigham Young and his coworkers on the po- litical board, and then Brigham wouid have his reil- gions card In reserve to swe2p the fleld. I preatet we shal! hear something of this condescending visit of Mr. Young vo the Americus crowd when 11 gets home, | There is nothing like the information one obtains in | twenty hours of a community aud its workings, espectally when it !s got from heaaquarters. The boys, while here, received invitations to ac- | cept political entertainments and receptions in | Biuara | ar entertain the Chief of the | ol te pl ee anit, NEw YORK HERALD. TUESDAY, MAY 16, 187L.—TRIPLE SHEET. held that the organic 1aw of the Terri did not Tecognize any such court as tat sev gf alder- man, and that, of course, pci Undertaken by such authority was auil and vold. ‘The case was dismissed, and the foundation of a aysiem and maintaimed by the Church in what are called “eities’ of chis Territory, by which merchants were compelled, especially uf they were “uentiles,” to pay an eXlorlionaie sum ol mouey jor licenses, not only Vo seil iguor, but to carry on almost every kind of business. The “city” authorities of Salt Lake have levied a monthly tax of $30) on every nian here for the privijege of seiling liquor, druggists included, ‘vom Keepers have been forced wo pay the Same amouat to carry on Lieir business, This, per- haps, might not be so objectionabie M they did not discriminate between Mormons and Genules, The former pay One-nalf or less the same amount for a lise privilege. Indeed, 16 18 uncertain wnat they pay, as it 1s left to the option of the oficial to charge what he deems just and proper. Here, as ail tue oficials are mere agents of Brigham Young and the Cnurch, you may be certain that tue deiest:d Gentiles are compelled to pay heavily, | While tie Satats get om nearly scot free. What | Makes Lhe Matter More flagrantly outrageous and inexcusable 18 the habit of the so-called corporar ons of ciltes of running retail liquor shops on their own account, tuus competing with merchants legally estaiiished., As the corporation and Church one aud the same iastiution, you can pos-ibly Guess where the money goes which is extorted from Gentle merchants or 1s taken over ihe city bar. The Injusilce Was so palpable and so grinding that ule nailer has been taken into the courts, and Judge Strickland has given the iirst blow toa system that Would be disgracelul in aay community on the globe. Similar cases are now pending betore Chief | dusi.ce McKean im the First district of Salt Lake, and the decislon of the Court is foreshadowed by the optnion of Jadge Strickland at Provo City. ‘Tens of thoasands of dollars are involved here, and 11s Cortalu that the city wiil be beaten and @ vast ju money recovered irom it ivr back exactions ally made by suits which will be brought against All this is dreadiuily pamful to the Saints, who been working Of a system sent dowa by veo, but, uuloriunately for them, not revoz- nized by Lie organic act of the Ferritory, it will be a sad blow to the beievers in the infalisbulity of Brigham Young and the other prophets, but it 1s of the terrible Lact oi the Lineteenti century ‘ore wiued We must all bow, Wheiuer saint or | rcecdings of the United States courts will watened wiih ihe greatest laterest, a3 the preteasions ol the New KingJow are to be tested in the erucibie of the United states Court, which will | quickly separate tho right from the wrong and give us one system of laws, binding alike on the Mormon aud the Gentile, The great social problem wili tus be peaceably and finally settled, METHODIST PREACHERS. Are Any Modifications Needed in the Episco- pacy @—Address by Rev. Dr. Curry. | The Methodist preachers listened very attentively | yester ay to Dr. Curry’s discusstun of the proposi- tion, “Are Any Considerable Modifications of the of | Law or Usage of the Methodist Episcopal Chu:ch im } cigarettes | Regard to the Episcopacy Desirable?’ The Doctor, to make the subject more {awiliar to lus hearers, | Went over ihe history of the Methodist Church from , its foundation to the presewi and siowed that the | American branch, lke the American colonies, | always claimed to be independent of the mother country. And while Wesley claimed supreme jurls- | diction over the Methodist societies here and insisted on his right to appoint their bishops, they as sirenu- ously maintained the right to choose for themsclves, and went so far as to depose Wesicy and his coidjutor Coke, and re- fused to receive Richard Whatcoat until the General Conference nad elected and ordained hiin here, The Doctor also showed that the law and usage of the Church here has always been to Jook | Canforaia from democratic clubs, They very | Wisely determined that as the journey was undertaken purely as a social and plea- sure excursion it would be folly to give a | Political color to it in any way. so they telegraphed their declination of all honors of that kind; but intumated that they Would not o' i Lo be received as a social organiza- ton, and that tiey would retura all the hospitalt- | ties in true ericus Clap style. This was a sad | disappoiutment to the California “unterrifed,” as | they really wante! w get hold of a first class lion, Senator Lengncks had slighted tiem, and would not accept of a dinner or make a speech, and they had quiie made up their minds to take ge of the | Biossom b« I thuught that Pete Trainor or Alc man Mit ul was somew nedued to prepare for & Scries Of ora'orical eflorts, but they gave up the thought, aud conaued theinselves to the p task of tendering the hospitalities of the to all their frieods in a'princely style. The boys finished oniy thirty cases of cnamp.gne, a few dozen of witiskey and brandy and a cask or two Oo! sherry Ou their trip to Sait Lake City prolonged journey | Of five secutive days Supplies were beginaing | toran short and iney were anxious to reach Saa Francise é tk their wine lockers. 1 do not railroads ever carried a gayer There has b press on the United Staies Which stil ed Stat a a fresh ow adi reak of the Mormon iary of the Terrivory | the laws of the rizhann tice McKean and | yllifled and abused ess Uiat one would | professing to be repre- ivos of the New Kingdom. The (roubie 1s not @ very Old onc, but itis extremely serious, inastuueh | as it affects the entire operauions of the ja cases not strictly belonging to ‘drial by jury 1s practically Lopossibie m Utah ‘lerri- tory, and all cases involving that trial must stand of and not ve undertaken unui tae Church author- ities, who are the Territorial of take a back imsteat ants, nave be ie United States, track and cousent to toe ent ment of the laws. Lue ground of the difficulty is tuls:—For many years it has been the custom of the Territorial or Church oficiais to summon | grand and peity juries for the United States | Dastricg anu Supreme Court of the Territory. By this means th with their own 1) were enabled to pack the juries nd precious few indictments | or verdicts were ever found against the members of the Church. Ihe law of tee United States, as he members of the Latter Day Saiuts, was puovlity, Lvery effort to bring criminals in oe j fences t6 justice was an absurd farce. Well | ‘Snown perpeirators of monstrous crimes walked she | streetg unwhipped of justice. When the present | Judicfary a-sumed their duties a new departure was | mad*. Only United States oficers were recognized as olficiais Of the Lnsied States courts. Chiel Jus- tice McKean properly ruled out the Territorial Mar- | shal, uot recogniaing iim as an oficer of his court. The United States Marsha: was decided to be the | only oficial properly authorized to summon grand aud petit juries. This, of course, brougut to th assistance Of the court an element never recognized by the Chureh—Arnertcan citizens not of the Church ol we Latter Pay Saints. Consequently iuvestiga- mons were undériaken and indictments found gwainst leaders of tue Mormon community, which ouid never nave been touched under the system that had obta:ned before. At ouce there was a tre- mendous outcry against the United States authori ties. They were accused of attempting to usurp an- constitutional powers; were denouaced as tyrants | and scoundrels ana were leld up to the gaze oi the | Sa:nts as men utterly destitute of every sense of jus- | tice and incapable of distinguishing between right and wrong, avd only bent on destroying the ser- Yants of Go, the select ol the New Kingdom. Brig- ham Young’s organ, the Neves, was implacably bit- ter and reckless im Its assertions. Jt twisted some | facts 80 that they could not be recoginzed and not hesitate to invent oun It serveu its master | Detter than the Here/d, ue morning organ of the | Saluis, which is less able, but quite as vindictive | and reckless as the clerical News. Under all this siorin OF abuse, calwumay and detraction the United | States Judiciary wave been true to their oaths and faithiul to the trust imposed upon them, The Mor- mou officials, not les faithful to their allegiance to Brigham Young and the Church to which they are bound by vaths overriding those they have made to the United States, still refused and now re- | Tuse to abate one jot or tittle of tie absurd claims they have unwisely set up, and decline to pay mo- neys oul of the Territurial Treasury for jury daty | when not performed under the ‘orders of the | Territorial officials. Hence there are and | can be no more juries assembled in this ‘Territory, unless the United States pays them, {{notsuumoued by the agents of Brigham Young and the s9-callea “holy priesthood.” It may be | Teadly inagived What damage Unis deadiock works | i acountry waere hundreds of coses are arising involving the proprietorship im valuable mining | Preperty, or interests in otver important monetary | affairs, ‘The United States Marshal has money at | ‘Lis disposai*to pay the expenses Of trials of cases | 8 laws, but Involving the infraction of United Stat Mot a cent to pay @ jury in any Case Outside that cou- | tracted limit. Meatiwhile tie situation grows | periious. Vigilance committees and other extra-legal inovements will arise to en | force ine common . rights of the com mupity. If the duly constituted authorities can- Not protect persons in life und property the citizens Will combine 1 accomplish such a result, even ILM 1s iosach @ situation of affairs suis moment. The Mor- MON 48 Weil as (he | 1 States authorities recog: nize the fact, and the former are growing uneasy and are Casding aboat tuem for some means to re- treat from the untenuble position tuey have assume ‘They find the national authorities firm and infex Die, and have tudirectly suggested that perhaps the trouble may be removed. Todo this they must back | squarely down and acknowledge the supremacy of the United States jaws. Tue rules of the Church must be subordinated to the wiil of tne le of the whole country. Nothing less will be accepted under any possibie condition of affairs. The present situa- tion cannot much longer exist without bringing about a most dangerous state of things, that all good citizens must deplore. Brigham Young has more than once exljpiied mm his past career a shrewd owl ol the proper season to retire from @ lost feild, and | doubt not he is wise enough to give way ln the preset contest before It 4s woo late. One thing he ought to be sure of, and thats that the overnment will not much longer submit to bis dis- Joyal assertions of authority or permit his disobe- to the Untied States laws, ome week Judge Strickland has been holding the spring teri of tae United States District ¢ourt at at the cost of blood. are we rapidly orifling in all | ¢ | rooms and club to discuss the futare prespec's of the upon the Episcopacy as the creature of the Presby- tery, and that the General Conference has always retained the right and the power to retire, depose or abolish the bishops and their oMice as a distinct order, subject only to the restrictive rules, which re- quire an itinerant saperiutendency. Formeriy the General Conierences met annually, but. in 1803 the delegat s decided that tuey Would meet every four years in conierence, ana in district meetings ofteger, | us ULey might deem tue interests of the Cuurch re- quired, Aud for along ume the form of eiecting the bishops trom year to year was kept. For the Hirst ity years of tue bistory of Methodtstism here | Uuls Was the policy, but slice 1834 the ofice of the k copacy has been considered as attaching to the on jor life or for good veiavior, In isid strong ground was taken in favor of prelatical Episcopacy by Bishops Soule and Andrews aud against it by Dr. Durbin and others, and the sentiment of the Caurch ‘Was decidediy oppored to tue assumption, the pre: byters claimmg the right to make or unmake the bishops. Te Doctor denied that the bishops had aby judicial powers whatever, and chailenged tae proot of their exercise of such power; aud W.cn he, in 1864, Was @ member of the Episcopal Commitee And the bishops’ characters had veen passed upon he wanted a resoluuion appended to the report of the committee requesting the bishops to coutinue in their office for tour years longer. The highest functions of the presbyter is io administer the sacrawenis; a bishop can do no more, and itis the right of a layman to do as much, The Roman Catho- lie Chureh ‘women to baptize. ty attaching to tne laying on ot hands by the vishops, and wuen he preached his own ordination sermou Le told his bishop so much in plain words. If tue Lord Jesus hrist bas ordained @ men to the ministry he con- idered Unat quite sutiicient. And tic Wesleyan, Methodists of Eng:and did not ordain their minis: ters by the laying on of hauds from the death of Wesiey until 1335, unless they were sending muis- sionaries abroad. And in ths regard they were following apostolic usage. —_Linuta- tion of oiice is the bulwark of repupil- can institutions; im life offices there 1s danger. ‘The Doctor javored a limitauion of the Episcopal ofice and hoped that the next Generai Couference | would make some provision for retirmg bishops when they attain @ certain age. He did not think | Men over sixty years of age were in general any more fit for the Episcopal ofice than boys. Asin the selection of seed corn the fittest will be found by cutung of both ends—by taking men Of miadie life- | and yet in our usage @ man must be old before he can expect to reacn the Episcopacy. He favored a Modification of the office so that the bishops might | drop off as autumn leaves tall from the trees, rather | than be torn off rudely, as it may have to be done | by ana by. The Church is now carrying nine Ep.s- copal ijamilies, while it has but four effective bishops, and it must tire of tais burden ere long. The subject was continued for discussion next week, and after the introduction of some visitng breubren, the meeting adjourned. NOTHING LIKE LEATHER. “Gentlemen of the Hide” in Procession—St. Crispin’s Knights om a Spree at Jones’ Wood. The alr was resonant in the Bowery yesterday morning With the sweet strains of music, emanating from a score of bands which poured forth their | melodies in such delightful harmony that 1t might have been readily imagined the whole nelghborhooa | was enjoying @ morning serenade, This was ex- plained by the fact that some four thousand ‘gen tiemen of tie hide’? had assembled, dressed in all their “Sunday clothes,” at ten o’clock, near the | Military Ha.l, bent upon showing themselves to | the public in procession. A gav and festive | crowd of strappers they seemed. Every one, how- ever, Wanted to “last.? Exactly at ten o'clock they “toed” and “heeled” into ilue for a general parade, and starung upon the “sole” they began threa ing their way through Chatham street to City Hall, and “rounding” the square to Murray and Greea- wich streets; then retracing their steps they “welted” inio Broadway, straight on to Tompkius Square, where the sole and upper leathers were severed; and while the old veterans retired to their champions of St, Crispin, the more jovial spirits “~neasured”’ for Jones’ Wood, accompanied by A NUMBER OF LADY LEATHERISTS, in hacks and other conveyances. After having fully availed themselves of the pleasure to be had on ‘such a delightfal day and in such @ suburban istrict, they were all drawn into the hotei, and i Juage Cowiey, of Boston, “pegged away” at them | in @ neat speech on the necessity of upholding | trade unions s0 a8 insure for them a larger share of the produce of their sedentary labor. Coroner Young vaid “he'd be biowed if he wouldn't order an inquest on any mother’s son who would deny there was anything better than leatner ur refused to support a Lona side trade society.” THE DOUBLE-HEADED GOVERNMENT. Arguments Before Chancellor Zabriskie—Tho Case Referred to the Supreme Court. Chancellor Zabriskie was engaged at Jersey City yesterday in hearing the arguments on the injunc- | tion in the case of the Paterson Aldermen. The “democratic seven’? optained an injunction re- | straining the “republican eight’ from issuing | $100,000 in city bonds and acting as @ board until the troublesome Kelly, of the Eighth ward, ts dis- posed of. Owing to the smashing of the bailot box on Jast election day in the Eighth ward that section has no representative, and the democrats claim that Kelly can hold over from last year, THE REPUBLICAN BIGHT WILL NOT CONSENT to this arrangement. They constitute only half the Board (tucluding Kelly), and therefore cannot take acuon as @ quorum, The Chancellor dectded that the Mayor and republican Aldermen could pass the ordinance in question, but they coula only issue bonds to the amount of $30,000 to meet the | ed at ifty cents on the dolia | Middleton says, B4,(00—all of w: | nies—he (Graham) never received any part tuereof nor bene- THE COURTS. inaugurated | Sait Against a Port Collector—Charge of Con- spiracy to Defrand—Tho Statute of Limi- tation Caso—Decisions—Business in the Gonoral fessions. UN:TED STATES CIRSUIT COURT. Suit Against Collccior Grinnell. Before Judge Beneaict. John J. Lang and Jonathan Ogden vs, Moses H. Loutsa Donat Werle Butler et Gh— muton denied, with ¢10 conta 1 the plainti joo del wi COs 1e in! Charies B. Wilson vs. John Wiles “Naasworth. Relerence ordered. Christopher Marz vs, Ths New York and Harlem Raiiroad Company.—Order denying motion granted. MARINE COURT—PART 3. Decisions. By Judge Gross. Topping et al, vs, Sloane,—Judgment by default for plainti@ 1or $300 26 and costs, witn $25 allow- ance. Guites et al. vs, Helde.—Judgment by default for Platntift for $119 66 and costs, with $28 allowance. Sutler vs. Hidou.—Judagment py default for plam- Grinnell, Collector of the Port.—This was an action | tiff for $73 and costs. against Mr. Grinnell, as Collector of the Port, under tue following circumstances:— About the opening of the year 1870 the plaintiffs imported three lots of tron hoops cut to lengths aud punched ready for use, adapied for use in the con- struction of @ certain size of barrels. The goods were entered at the Custom House as follows:— January 15, per steamer Idaho, 1,171 bundles, weighing 17,748 pounds, invoiced at $1,s64; Feb 5, per steamer Nebraska, 203 bundies, weighing 12,772 pounds, at $253; March 30, per steamer Min- esota 2,394 bundles, welghing — 139,508 pounds. | ‘The plaintiffs on these goods paid tuirty-five per ceut ad valorem duty in accordance with sect.on three of act nine, June 30, 1864, a3 Manulactures of iron not otherwise prescribed for. ‘he amount s0 paid On the three entries of tae iron was #1,408. They were alterw.rds imormed that te Collector had levied duties on t.8 iron at the rate of one and a ; half cents, in accordance with the act, ashoop, | band or scroll iron, from one-half to six meches wide, under One-eignta inch thick, and not tinner than No, 20 wire guage. Tae excees of duty thus claimed bythe Collector aud paid was $i,s/Los. The Ceilector refasing t> change nis opimion, the plaints appealed to the Secretary of the Treasury, aud toaily, aver Mr. Lang, one of ine plaintiiis, had an iterview with the Secretary, ine laiter overruled the appeal, and on the 20th of Sep- | temver this action was cominenced, ‘the real quesioa to be decided 13 whether hoop iron “cut to iengths, punched and ready for use," | W material or @ mi iutiactured article under the | Taiid act ot Juae 0, 1804, The case was adjourned till vais moraing. UNITED STATES COMMISSIONERS’ COURT. A Custom House Officer in Trouble=' of Conspiracy to Detraud tie Revenue. Before Commissioner Osborn. The United States vs. Wilitam D. Case, John A. Machado and Wiliam H, MeCrum.—The defendant, Case (who is @ Custom House Inspector), aud Ma- | chado and McCram, are charged with conspiring to | | deiraud the revenue under the folowing circum- | rge ; Stances:—It appears that two boxes of had been imporied into New | York for exportation from this port, and | after passing through the Custom House | the boxes were removed trom thence to be exported. While being so removed the boxes were taken olf | the carton which they had been placed and two other boxes, resembiing tiem in size and shape, | with similar brands, and tilled with kindling wood, | The government charges tuat | suvsticuted for tiem. the deiendants conspired to commit this fraud. 16 | will be remembered that Mevrum had veen, some | » ime since, ariesied on a charge ol fraudulently importiag hutmegs from Canada, Macuado is we person who was taken into custody several years since on & Warrant issued by -omuussioner Osborn for itting out siavers, aud he 1s also the huspaad of the woinan, Mary Jane Watson, who introduced camels tuto tins country 10 Texas. She got the permissio. of the gove:nmeut | to bilng With the camels as many persons us Were | neve-sary o take care ol them. She, thereiore, seut | with the camels 2u0 or 20) negroes, Whol sie sul- sequently solu as slaves. She was arrested and indic.ed ior tmis ofeuce and would nave been hung if her death nad not occurred previous to the tune named for her execution. Case was arrested ou Saturday night and released on $6,000 bail, MeUCrum was found in bea yesterday | morning. He stated to the ollicer that he was ill, buts the officer reported that the man was | satering from eects of intemperance, When this fact was made known to Marshal rpe he directed his aoe: to take a) carriage and bring MeCrum before the Commis- sioner. McCrnm appeared vefore the Commissioner Yesterday afternoou, and was committed in deiauit of $5,000 bal. ‘The Deputy Marshals—kehoe and Barnard—wao had the warrant for the arrest of Machado, watched the dwelliug of the iatter, at is7 | Fitty-ninih street, the whole of Sunday nigit, and | at ao early hour yesterday morning ascertuined ; from the mata servant that Machado was at home. | ‘Shey demanded admission to the house; but the doors Were varred against them. They came down to the Commissioner tor imstructions, ‘ine Com- missioner directed them to return, aud bring with them su sistance as Would be necessary vo force | the doors, ‘This was dove. Machado was then ar- | rested, and, accompanied by a woman, was taken before tb Miis-lner, This woman offered to | becom dos bail, out the Commissioner de- cined the oer, and Machado Was sent to prison in Gefauit of 5,000 bail, he exauinaton will take place to-day. This 1s supposed to be one of many similar trans- actions in whica the accused have been gaged. The omcers are making active inquir oul Ib) Would be premature im the present stage, and probably delea; the ends of justice, were we to state What they are doing 1 regard to this busiuess, The oficers searched the bouse of Machado and | found @ quacnty of kid gloves, cigars and liquors | Of various descriptions. SUPREME COURT—SPECIAL TERM. | ‘The Statute of Limitation Again. In the Case of Graham vs, Selover,—A further explanation it seems 1s necessary to set the matter ; ‘at issue in this case in @ true light before the public. The HERALD on Sunday last gave the defendant's | view of the case as a sort of set off to ihe report of | the case as it appeared from our court report on the previous Friday. Now, the plaintuf wants his say, in which he says:— The facts are as follows:—In November, 1850 Selover and | one Middleton, under she firm name of Selover & Co., kept @ | hotel in San Francisco, and the same Middieton carried on the busihess of auctionecr also, under the firm name ot Mid- dleton & Hood. Captain Graham, on the 2éd of said Novem- Ler, 1260, occupied rooms and boarded in said hotel, and while there sold to Selover & C \ddieton & Selover, the Vessel and cargo referred to m the suit, for $20,500, 810,000 of which was to be paid by the drafis of Middieton & Hood upon Selover & Co., payable three, four and six Jalifornia interest, The drafts | Selover ay a months after date, and bearing C ‘were drawn by Middieton & Hood and accepted by Co. and delivered to Graham in exchange for his ship cargo, and those drafts have never been paid to this They now amount to over ¢144,.00, if California interest computed, but New York interest fs the oniy interest claimed by Gral t which computation nearly B40 ts d him by Sel ‘The statement that th | bound the drawers as eptor, were | taken up by fresh notes given by Middleton, oue of the dr: Ana that, at the rate of Ufty cents on the dollar, is plainly & very absurd statement, Selover testitied that the notes which he alleges were thus en were for the amount of 5,00), while Midaleton swore the amount was $4,000. It is alleged, on the other hand, at their acceptances ‘covered over $21.00), and were set: mitted that, his partner nO, OF, A ch Captain Graham “d Supposing Selover's statement Middleton compromised wita Argi it therefrom, not ever authorized oF ra:ified such @ compro- mise. This covers, in brief, a case which must be de- cided in the courts—the only tribunal—and oatside of which it has oniy been referred to in our columns to correct an aleged error which, in fact, Was not calied tor in view of the acts in either case, SUPREME COURT—CHAMBERS. Decisions. By Judge Cardozo, Sheltar vs, Jacops.—Motion granted. abide event. Percy vs. the Brooklyn Daily Eagle,—Motion | granted. Costs to abide event. By Judge Ingraham. James L, Mitchell vs, Cassius H, Read.—Motion for appointment of receiver denied. By Judge Barnard. Fliza F. Crocker vs. Joseph H. Crocker,—Judg- ment of divorce granted on report of referee. SUPREME COURT:~TRIAL, TERM—PART 2. Collecting a Bill Under Difficulties. . Before Judge Monell. David Kietn vs, Isaac 8 Young.—On the 19th of October, 1969, the plaintiff alleges that he was as- saulted in the store of the defendant, No. 42 Walker street, by the latter, and so badiy injured that he is still unable to attend to his business, He cial $5,000 damages, The defence 1s that the com ant persisted in coming to the store, though for' den to do 80, under pretext of collecting a bill trom | the bookkeeper; that he undertook to force his way | to the private office in the rear of the store and was \ resisted by the defendant's brother, when he inter- posed to prevent a disturbance and ejected the | plaintiff from the premises, He dented striking him | or using any great violence, The case is still on. SUPERIOR COURT—SPECIAL TERN. Decisions, By Judge McCunn. Henry McGuckin vs. John Coulier,—Order granted, Baldwin vs, Eyoler.—Same, John Kamber vs. John Sperry.—Same. Jane N, Burrows vs, Thomas Burrows,.—Same, Wm. F, Hull vs. James N. Baker.—Motion to open Costs to Cleveland, Executor, éc., vs, Hult et at.—Judgirent by default for piainuil for $342 06 and costs, with $25 allowance, Waddell et at, vs. Burnham & Bates.—Juagment for plaintif® for $273 45 ana costs, with $25 allow- ance. COURT OF GENERAL SESSIONS. A Forger Abuses the Clemency of the Court— Recorder Hackett Sends Him to Sing Sing for Five Years. Yesterday Recorder Hackett came into Court to dispose of @ man named Frank L. Myles, who pleaded guilty to forgery in the third degree at the last term. Judgment was suspended by nis Honor, a respectable lawyer having stated that the accused W.s8 dying with consumption and had enjoyed a good character and was fatneriess aud motheriess, The defendant was discharged On condition that he snouid leave (he city la a week; but it was oy mere accident that the Recorder learned th.t Myles co.n- menced to rob people. He was sentenced to the State Prison for tive years, COURT OF APPEALS CALENDARS, ALBANY, May 15, 1871, The Court of Appeals day calenuar for May 17 1s as follows: —Nos, 17314, 14}g, 204, 222, 220, 224, 456 a2: ourT House, New York, May 15, 1871. endar for Tuesiay, May 15, is as 21, 122, 126, 8¥, 129, 139, 135, 136, 337, 33 and 139 BROOKLYN COURTS. SUPREME COUAT—3PECIAL TERM, Libel Suit Against a Newspaper. Before Justice Barnard. Francis L. Dallon, formerly United States Marshal | for the Eastera district of New York, sued Henry E. Bowen, proprietor of the Union newspaper, for $50,000 for an alleged libel, which in- sisted principally that the plaintiff was incom- petent jor tue performance of his duues as Marshal. ‘The laut demurred to the defendant's answer, cla ming that the matter set up does not constitute a defence. ‘The case came up ou the demurrer yesterday, and afier argu counsel on both sides the Court took the papers and reserved decision. BROOKLYH COUNT CALENDAR. Crry Courr—Parts 1 and 2—Held before Judges Thompson aud Mcvue.—Nos. 65, 97, 32, 33, 45, 36, 47, §, 92, 31, 61, 02, 63, 73, 93, 96, 1)4, 114, 117, 129, 9, 58. Part 3—Held by eg Neilson—Special term. Gonerai ter m, Monday, 22d. STREET CAR ROBBERY. Aaother Unfortunate Kelly of the Stages— Andacious Pickpockets in Street Yesterday=Tue Case Semt to the Chy Judge aud the Grand Jury—A Hint to the “Lieht Fingers.” Robberies and murderous onslaughts in the street cars are not confined to midnisht, the time when ghouls and dissatisfied spirits walk the earth. The robbery yesterday on @& cross town cac running to the Jersey City ferries another instance of the boldness and determination of the members of the light-fingered “frateruity’? wio frequent all the conveyances on the principal hizhways of the city, and who supply & large proportivn of cases on every day’s criminal calendar. Ewin Hankies, a respectabie citizen, residing at No, 153 Centro street, was standing on the front platform of a car on his way to the west side of the | city, When Michael Kelly, who lives in the heaithy neighborhood of Canal and Mulberry streets, and another man, not yet under arrest, came out when | they ARRIVED IN WASHINGTON STREET, and began to make the standing room not only scarce but unnecessarily uncomfortable. board at the time: nevertieless they Wanted “more room,” ut least wat Was the pretence raised whea they began to jostle, first the unfortunate driver, and then ine man whom they had intended to vic- tumize. they or he, Hankies at last took the trouble of re- monstratng With them on the “extreme rudeness of geotiemen” who unnecessarily caused a disturb- ance on a puolic conveyance, preaciing the cause of morality with his hands as weil as with his tongue, and when he raised his hands, as if the more effectually to impress upon them the neces- sity of heeding what he said, Kelly took advantage of their heavenly position and GENTLY REMOVED HIS ““LEATHER,’? CONTAINING $45, transterring it to his own personality. In an instant Keily, pretending probably to have studied the re- marks of his victim ior his own benetit, leit the car, Aimost immediately after Keily had leit the vehicle the conductor called upon Hankies for his tare; but to his horror his calfskin and its contents had van- ished. He Knew he had the money in his pocket when he gut on the car, and he also knew he had Spoken to none but Kelly. He daried after the pick> pocket, and after chasing him about six biocks suc- ceeded in securing Lim until @ policeman came up. ‘The mau was searched, and lo! the money and calf- skin were taken from tue depths of a pocket that reached from the breast down to the outer eage of the skirt, ‘the other thief Do sooner saw Hankles run afler Kelly than he determined not to risk a chase and deliberately turned back in the diection from which the car had com Als wisdom can scarcely be doubted. The miscreant who was cap- tured with the money on him was TAKEN TO THE TOMBS POLICE COURT by the oficer who had him in charge. After the or- | dinary complaint had been taken against him Judge Hogan intimated that he should send tie case at once to the Court of General sessions for disposal by Judge Bedford and the Grand Jury, and hoid Kelly in safe keeping in default of $2,000 bail A RIVER FIGHT. Escape of Convicts from Blackwell’s Island— They Are Pursued by a Jailer and Taken Back—A Struggle om tho Water—Que of the Prisoners ‘Takes to the Water. John Smith und William H, Wilson, two black- legs, who are constantly rowing around Blackwell’s Island, were yesterday arrested by a deputy keeper, i charged with providing @ boat and tackle and at- tempting to secure the escape of Charlies Watson and John Gorens, two convicts from the prison, Early yesterday morning he missed two of his prisoners, and at once went in search of them, Arriving at the | &' edge of the river he saw four men in aboatata short distance from the shore, two of whom Immedi- ately hid themselves when he approached the water. (ee nt Inve @ barge boat, and, though two to one, he soon overlook them, He leaped into the iarger bout the instant he was alongside, and, pistol in hand, ordered them back to the isiand. This they reluctantly consented to do, and when the boat's bow was turned toward the shore one of the con- victs leaped over the side of the boat into the water. The jailor went after him and dragged lum into the boat again. Another row ensued, but eventu- ally the plucky jauer got them to Jand, and after caging his birds again took the boatmen to the Toinbs, where Judge Hogan holds them in default of $5,000 bail each to answer at the General Ses- sions. JEFFERSON MARKET COURT. Embezzlement by a Clerk—A Heavy Jewelry Robbery by Roofers. George Smith, & young man in the employ of Mar. tin Schaffner, at the foot of West Tenth street, was arrested by Detective Blackwood, of the Ninth Pre- cinct, yesterday afternoon, charged with collecting $161, belonging to his employer, and appropriating it to his own use Justice Shandiey, at Jefferson Market, committed him for examination. Edward ©. Mucker and Theodore McGuire were employed yesterday to put @ tin roof on the house No. 139 West Twentieth street. Amelia M. Hastings, one of the inmates of the house, charges that while the family were at breakfast the young men de- scended un the roof to the front room, on the second floor, and carried off two gold watches, a diamond pin, earrings and other jewelry, valued in all at $1,245. They were arrested by oMicer Con- nolly, of the Twenty-ninth precincs, and, upon be- ing arraigned, denied the charge, but were com- infited for examination, The complainant ts posi- tive the prisoners wok the property, as they were the only persons in the house except tie family. default granted with $10 costa of this mouon to abide event. maturing interest of the city debt, and no more, undi the matters in dispute be deciied by the Supreme Court. The Chancellor further reminded the lawyers in the case that, cording to @ recent decision of the Court of Ei vo City. After disposing of some cases of mati robbery and other offences against the laws he heard an appeal in the case of Durfee vs. Prove o This was a case in which an Alderman of wo O ty had flued the planta for seiling liquor without weuy license, Ou appeal Judze otrickland nd Appeals, be had no jurisdicuon, in cases where 5 question of law was at issue, Whether Kelly's case 18 provided for in any of the charters of the city is a question of law And must be left to the Supreme Court Charles D. Lora vs, James Dunsteth,—Same, Noah Wheaton vs. Wm. Coburn.—Same. ‘ae’ ‘R. Stuyvesant vs, Gotleib Yeixsier et alo— ame. Marks vs. Andrews et al,—Same, Edward Mynden va. James M. Alden.—Same. Albert Spell vs. John 8, Sietmerler et al.—Sawe, Wiliam Hummidier vs. John C, Abbott et al.— AN UNKNOWN MAN FOUND DEAD, The body of an unknown man, about forty years of age, apparently a laborer, was yesterday found floating in the dock at pier No. 33 North river by oMicer Paret, of the Twenty-stxth precinct. De. ceased was stoutly built, had dark hair and wore a black coat, oorded jacket, dark pants and brogan shoes, The was seut to the Morgue aad Uuro- ner Young no! to hold an inguesty at by | { | by the doctor; that Ann O'Neill camo to her house | Washington | ‘There | were but the driver, Hankies and themselves on | Tue driver cursed their impudence, and | | wanted to know who was “running the machine’— Suspecting that these were his men he | THE EVANS ABORTION CASE. Continuation of Trial of Lookup Evans for Alleged Abortion—Testimony for the Defence—Expected Close of the Case To- Day. The trial of Lookup Evans, indicted for procuring an abortion upon Ann O'Neill at his place in Chat ham street, which was commenced in the General Sessions on Friday, was resumed yesterday before Judge Bedford, MEDICAL TESTIMONY. Assistant District Attorney Sullivan called Dr. W. Judson, the houge surgeon of Bellevue Hospital, who testified that he was present when Ann O'Neill was delivered of twins, male children, upon the 4th of November. One of them died the following day and ‘the other lived two or three days longer; they were feeble, delicate children, and evidently premature. | The Doctor was cross-examined at length in refer- ence to what would produce abortion, but the evi- dence is unfit for publication, | Captain Kenneay, of the Sixth precinct, wasthe | next witness. He sald he visited “Dr.” Evans’ place in Chatham street on the 2d of November omictally, and saw Ann O'Neill there, Mr. Sullivan asked the Captain how many other inmates he saw there, to which the counsel objected. There was considerable cross firing between the counsel on both sides, the prosecuting officer aMirming that | he could prove that hundreds of children, prema- turely born, were ‘carried out of Dr. Evans’ place at the dead of night, while counsel asserted that, tf the Court were willing to consume the time outside the trial of this indictment, they could show that at- | tempts were made to blackmail Dr. Evans because | he was rich, Dr. Shine was next called, and said that as Deputy Coroner he was called to make a post-mortem ex- | amination upon the bodies of two male children, at | Beilvue Hospital, said to nave been the childreu of Ann O'Neill, ‘iuey were unusually puny, aud were prematurely born. He aiso answered a number of hypothetical questions respecting avortion. MOTION TO AGQUIN. The case for the prosecution was tlen closed, whereupon counsel lor the defence moved that the ground of variance between the proof apd the in- real name was Ann Drew and not Ann O'Neill, as charged in the indictment, MOTION DENIED. After arguument Judge Bedford denied the Motion, and said it was a question for the jury, the compiainant bemg identified as the samé woman Who Was attended by the accused aud known us Ann O'Neill. Counsel then proceeded to open his case, afirm- ing that efforts were made to biackmatl Dr. Evans by certata parties, and that he woul show by his ciieut that he treated the complainant for a disease common to women, and not for an abortion. TESTIMONY FOR THE DEFENCE, Street, testified that the little boy she had with her and other children were born in Dr. Evans’ house; that the house in Stanten street was deeded to her | and wanted board, and told her that she expected to be confiued the latter end of November; she told Mrs. Coliius that the doctor told her to come and board and have her baby, but she did not stay as it Was too far for her to go to her work; the witness | Saw her afterwards at 94 Chatham street, and saw | her making baby clothes; in August Dr. EVans was sick with fever and ague, and Was not out on, his farm in East New York: she had known of a great many children vetng born at his place and live, aud never kuew of a dead child being there until the trouble about Mary Gerraty. Mr. Sullivan cross-examined this witness at great that she lived with Dr, Evans a good many years and Kept boarders who wanted to ve couliped; that Dr. Evans kept a place im Stanton street and two different places in Chatham sireet; that he conveyed | the deed of property to her before she became bail; that Mrs Dickerson, or, a3 some called her, Mrs, “Dick,” Kept house at 94 Chatham strect; that she could not tell her age nor when she arrived in this country, and that Evans always said she was his cousin, The case will be resumed to-day. | ART NOTES. Eeception of the Antique School of the Academy of Design. The first annual reception was given by the pupils of the Antique School of the Academy of Design on i Saturday evening. This school has been in opera- lion under the present system for two years. During this time Professor L. E. Wilmarth has, by | his earnest co-operation with the council of the | academy, succeeded in establishing what New York has never had—a first class school of art. At present the only branches taught are drawing from life and casts. Professor Wilmarth studied wih Ge rome in Paris, and teaches his system, with what success the exhibition of the last three days has shown. The officers of the academy hope in time { to introduce other branches of art into the scool, so | that we may hope to possess what New York necds | $0 much—an art school like those of Paris and Londovu. The medals for the first time presented | to the scholars were this year both carried oif by ladies. If Uns is the case next year we may expect some extraordinary productions, The presentation took place in tue lecture room, where addresses possi maue by H. 3. Gray, the late president, and others, ‘The first Elliott medal, of silver, was taken by Miss Mary Louise Bascom, a young iady beginning to be Known inart circles. Her studio 18 in the Association buildings, The second medal, in brouze, ‘was given to Miss M. Sidney Bayites, a member of tae Sorosis clup, though not as extreme in her views as most of them. They have both worked faithiuliy and are in every respect worthy of their success. Those receiving honorabie mention were Arthur Daintry cant’? compel | | \ | very closely with Miss Bascomb’s | group of “Silenus and Bacchus” for the first prize; |. 8. Bloodgood, George Haitzer, Charles M. Dewey, | Raymond Dabb, Frank H. Lendner. WIDENING OF BROADWAY. Meeting of the C A. T. Stewart's Owners Present. The Commission, consisting of Messrs. A. T. Stew- art, Join J, Jones and John S, Hennessy, having in charge the investigation of the claims of property owners in connection with the widening of Broad- way between ‘rhirty-nintn and Firty-ninth streets, met yesterday afternoon in the Supervisor’s room, City Hall. On the opening of the meeting the chairman, Mr. A. T, STEWART, made the following remarks:— GrxTLEWEN—We are now prepared jp hear the claims of every person owning lands to be taken Yor the Widening and straighteniog ot Broadway, from Thirty-ninth sirect to | Fitty-ninth street, but before’ hearing we require tl writ ten statement of claim Le dled with ome of the of the | Commission, The parties will then be called and beard in | order. We do not at preacnt propase to hear any parties ex- ' issioners of Claimse—Mr. Remarks—No Property cept those owning lands to be taken, All otuers incerested in the proceeding wil be heard at a future day, we ‘have made our preliminary report ot mate and assessment. Our principal object at the | present time is to learn the views and opinions oi the various owners respecting the s Of the innd to ve taken by these | rocesiin 4s. | PWehhave also to request that all owners will send in their | abstracia of tile of deeds, or deliver then to one of our | | clerks ior examination. This ie especially important in ail | | Cases where tuere bas been a change of ownership or inter- t since the former commissioners nade their report. ofices of the Commission are at 265 Broadway, room No. 7, where all papers may be left, and the maps heretofore made y be seen und exami ned, The Board then took a recess for half an hour, at the expiration or which ume the names of several owners Cl ges sk f in sections of the city alluded to Were called, but as no response was given the Com- mission adjourued to meet this afternoon. THE FIRE UNDERWRITERS. Annual Election of Officers. The Board of Fire Underwriters of New York met yesterday afternoon for the purpose of electing oftl- cers lor the ensuing year. The list for president comprised names of some of the old and the tried that Walter Savage was elected by a majority of 20 out of $3 votes. Rudolph Garigue was elected vice president, and Wiliam W. Henshaw, John W. Murray and Marcus F, Hoages were respectively chosen secretary, assistant secretary and treasurer. | The following were named and electev for the com- mutecs:— On Finance—John D. Cocks, A. B. McDonald, Wil- | lam Pitt Paimer, Hiram M. Forrester, Meury A. Oakiey, Daniel Underhiit and Henry Butler, On Fire Fatrol—M. L. Crowell, BE. A. Walton, Thomas F. Jeremiah, Willian M. Randell, James | Harrison, Livingston Satterlee and E. W. Crowe! On Laws and Legisiation—J. H. Pinckney, D. A. | Heald, R. A. Reading, Stephen Crowell, D. F. Curry, KR. W. Bleecker and George ‘I. Hope. On Rates and Surveys—William Mulligan, J. V. Harriott, B. 8. Walcott, Edmund Driggs, William M. St, John, N. ©. Miller, ‘ohn R. Smith. On Poltce and Origin of Firee—Joseph Brokaw, F. B. Fellows, William A. Anderson, T. 1. Thornetl, D. B. Keeler, J. M. Rankin, Peter Notman, BOARD OF ALDERMEN. Ata meeting of the Board of Aldermen, held yes- terday at noon, President Coman ta the chair, reso- lutions were adopted directing the Commissioner ot Public Works to procure for presentation to the First regiment of infantry, N. G. S. N. Y., mental colors, and directing t ie € aptolise to pay Williams, D. V. Freidman and Martin Nachtman $2,500. ouch. It was also re- solved to pave with Belgian pavement Thirty-ninul street from Tenth avenne to the North raver, aud | as @venue from fuurteenth street to Sixveeuth Court direct the jury to acquit the prisoner on a | dictuent, the complainant having sworn that her | Sarah Collins, who said she lived at 101 Stanton | Whose drawing of *‘ihe suppl | men, and when the vote was taken It was discovered | { i | | | i | | i | stand of regi. | THE PUTNAM TRAGEDY. The Prisoner Foster Put Upon His Trial. HIS APPEARANCE IN COURT. The Court of Oyer and Terminer was all yesterday taken up with the endeavors to empannel a jury for the trial of William Foster, charged with the murder of Avery D. Putman, known as the car hook murder, Nearly all those whose names were called had either formed an opinion in their own minds or had expressed themselves or heard others express their opinions as to the guilt of the accused. At ten minutes after ten Foster was brought in, Manacied and in the custody of his Keepers. As upon the occasion of the first attempt ata trial, the prisoner, while walking through the crowd, main- tained an air of indifference really soothing to look at. While the eyes of those in court and those about entering were cast about in search of THE PRISONER, the Jatter sat modestly in his allotted place on the extreme right of the apartment without the least sign Of agitation or uneasiness, ‘The attendance in court was not quite so great as on last Thursday, nevertheless the room was un- comfortably crowded, in fact the only difference as regarded the number of spectators present was that yesterday the mass congregated together were not packed with such intense solidity as on the last occasion. It was to be devoutly hoped that a ‘clear passage would be kept for members of the press whose duty renaered it necessary for them to pass back and forth constantly or to send mes- sengers to their respective oMlves, and that it woule be possible so to do without sacrificing a thirty dot- lar coat or with considerable damage to other per- tions of one’s wearing apparel, The arrangements in this respect were an improvement on Thursday, although, notwithstanding this, it was no desirable or easy task to hew a passage way through the au- dience without the railing. The arrangemenis made for the press reporters were all that could be desired. This 18 atin to the courtesy and general management of Mr. Valentine, of the Oyer and ‘erminer. He superintended all the arrangements and did his duty in an able and thoroughiy cour- | teous and efficient manner, Asthe hands on the court clock denoted half-past ten ex-Judge Stuart took his place, and Judge Garvin, for the prosecution, moved for the trial of Wuliam Foster. The prisoner was placed at the bar and the clerk proceeded to read out the names of the jurors. THE PROSECUTION. In reply to the question by the Court as to whether | the delence were ready to procsed Judge stuart -Stated Unat if it was the order of the Court that the case should go on he would be compelled to ask the Court to assign an associate counsei for the deience, as none otuer besides huuself had been engaged. The Court appoinied Mr. Willard O. Bartlett to act in conjuncuon with Mr. Stuart and offered te lengih and elicited some important facts. She said | 4PPoint still another if it was desired. At twenty minutes to eleven precisely THE FIRST JUROR Mr. Samuel Anderson, of No. 102 Seventh street, was placed on the stand to be interrogated as to whether he had Jormed or expr.ssed an opinion as ‘to the guilt or innocence of the prisoner at the bar. ‘This gentleman was not qualified to serve, ashe had indulged his mind by perusing several newspaper accounts of the murder, and allowing the versious to bias his mind. The challenge of each juror was very thorough. ‘The first juror accepted was, after a most scathing interrogauon, MR, BENJAMIN HENDRICKSON, of No. 322 West Eleventh street, a clerk in the Beard of Assessments Onice. Henry Spinier, a Germi Was quailfied in every respect but one—ne could not undersiand English sudiciently, so he was excused, James Delemarter, residing at 153 East Twenty- fouth street, replied to the various querries in a sat isfactory manner, except as to his entire indiver- ence in the matter of bias. The case of his indiffer- ence was then argued by respective counsel before the two gentlemen sworn to decide on poluts com- ing under the challenge for favor, They decided him iudifferent, but ex-Judge Stuart appealing to the peremptory challenge rule had him set aside. Mr. Rovert T. Martin, of No. 49 Fulton street, was neXt called upon. He seemed determined lo know } nothtug. “Have you read anything about this case?” queried counsel. “Vea, sir, I have.” ee ave you formed or expressed an opinion on it? jo, sir. po you know anything about it?” , Sir, 1 don’t Know pothing.”” “Do you know that the man who was killed waa Putnam’? “1 don’t Know nothing.”’ “Do you suppose it was?” “1 don't know.” “Why don’t you know?" “Because I don't,” (Laughter.) «Do you know that Putuam was Killed by a mom by the hame of Foster?’ “No, sir; I've heard so, but don’t know it.” “Do you know this man here (pointing to pri- soner) is Foster!” “No, I don’t know It.” }o you suppose 80?” don’t know.’? The juror was accepted and sworn. One or twe others after this were excused on account of ther entertaining conscientious scruples in regard to the infliction of capital punishment where the evidenee Would Warrant a verdict of guilty. John E. Hoagiand, No. 19 Cottage place, having answered to the interrogations inteiligently and satisfactorily, was accepted. Toomas Aton, of No, 40 Fourth street, had no opinion one way or the other, although be had read the whole account of the murder. He was set aside under the peremptory rule, James A. Dohrmanp, of No, 507 Tenth avenue, had Tread an account of the murder in the newspapers, which had left a slight impression on his mind. Here counsel argued as to the juro:’s fitness to serve, and it was finally decided that Mr, Dobrmann was uot qualified to act impartially, EDWIN BOOTH was called out by the clerk, but no response came, so the audience lost an opportunity of scrutinizing the features of the great tragedian in court. George Low, Jr., Was also called, but no reply was returoed. Then came Augustin Daly's name, and, as in the case of the others, no one answered to the sum- mons, The next juror obtained was Mr. Iras C. Rogors, of No. 2 West Thirty-ninth street; thus making the fourti out of a panel of about sixty. * The case will be resun.ed this morning. The jurors sworn were cautioned by the Court to absiain from listening to or conversing on the sub- Ject of the trial which they were sworn to decide upon. THE FOSTER-PUTNAM MURDER CASE—ABUSE OF THE RIGHT OF CHALLENGE, To Tag EpIror OF THE HERALD;— It-nas been announced that we are likely te wit ness in the opening of this case one of those farces so often of late exhibited in our courts in criminal trials—namely, the challenge ad iiitum of Jurors on the ground of their having ‘formed an opinion” aa to the prisoner’s guilt, Having devoted many years of my life to the study and practice of the law and to the prosecution and defence of criminals, I ask permission to state what the practice 1s in otner countries where trial by jury prevails, and what I conceive to be the principle of the law here. The practice, I am sorry to say, has of late rum mio @ mere farce. A juryman 18 asked under oath if he has ‘formed an opinion” of the prisoner's inpocence or guilt. If he answers @ has, he is asked What that opinion im, If he says he thinks him guilty, the prisoner's counsel oljects to him, and his objection ts held good. If he says he thinks him innocent the State prosecutor objects. Now, sir, the Court should ta- struct jurors that they can only form an opinion, im contemplation of law, from the legal evidence te be offered, which necessarily undei close scrutiny by counsel, court and jury. No sene man, fit from education and Intelligence to sit on @ jary can artive at an opinion of a man’s innocence or gullttrom mere hearsay evidence, This 1s unques Uonably the true meaning and intent of the law In conceding the right of challenge. If I wi lenged by either counsel and asked formed an opinion as to the uilt or imnocence 1 answer, esitatingly, “No,” snd no cross-examination, could shake my reply. Wherefore this answer in the face of so much newspaper evidence of the man’s guilt? Simply from the fact thatl divest mysell of all my knowledge, as well as prejudice, and determine to be guided wholly by the evidence that shall be given before the court and jury whe are sworn to trythe case. But a large numoper of men seek to shirk the onerous duty of sittng im cases involving life and death, and shape their an- sWwers purposely to get rid of the task. This 1s all wrong, The result in many cases is that our juries @re not composed ol the best, most impartial and conscientious men, Or such 48 possess the highest, order of intelligence, A BARRESTER OF THIRTY YEARS’ STANDING. “REAL ESTATE MATTERS. The folowing Were the sales of real estate yestern aay:— NRW YORK PROPFRTY—Y MULLEN, WILKINS AND 00. bog. band Lm, Tint at, wo lot nidie. GO. Ds Rudd 30 ft w of Be J. i. Smil sees Be. bow bh. and i, adj., same b&b. and |, ad)., ear Um Dy and |, ad)., same