The New York Herald Newspaper, May 17, 1871, Page 6

4 HE COURTS. Suit Against Ex-Collector Grinnell—Charge Conspiracy to Defraud the Revenue—Open- ing of Streets Suit—Stock Companies’ Sub- scription Liabiliiy—A Breach of Promise Case—Alloged Fraudulent Lease — Cotton and Cigars * Mixed Up—Doecisions. UN.TED STATES CIRCUIT COURT. Suit Against Collector Grinnell. Before Judge Benedict. T. Lang and Jonathan Ogden vs, Moses 1. ell, Collector of the Port.—This case was re- dim the HERALD of yesterday. It 1s an action cover excess of duty alleged to have been paid the plaintiffs on importations of hoop cut to lengths ana punched ready for The real quesiion to be decided 1s ther hoop tron cut to lengths and hed ready for use is a raw or @ manufactured cle under the tariif act of 1864, and whether it ts ject to tax as a raw or manufactured article. On eo the plaintitls a case was cited, that of Inited States against Leavitt, in which Daniel bster was for the defence. Leavitt was a dealer lead. He imported into this country 00) pounds of lead in the shape of busts Napoleon, Under the tari? act of 1832 was claimed that although it . was n the defendant intended to evade the revenue , the busis were works of art, and not lead in bars or sheets, and the jury brought in a dict that they were works of art and not lable to duty of three cents per pound. fhe evidence and arguments closed yesterday; afier the Judge had charged the jury he ad- | road Company vs. Henry EB. Brown et al.—Reference irned the court, directing the jury to bring in a ed verdict this morulug. UNITED STATES COMMISSIONERS’ COURT. Charge of Conspiring to Defraud the Revenue. Before Commissioner Osborn, i Untied States vs, William D. Case, John A. ado and William H. McCrum.—The defendants charged with conspiring to defraud the revenue der the circumstances detailed in the HERALD of day. Case is an mspector of customs, esterday morning, when the matter was called ‘Mr. Erastus C. Benedict appeared as counsel ior 0, who was also in attendance, having been ght Gown to the court room by Deputy Marshal "ae Commissioner—Mr. Benedict, when do you Qn examination in this case ? . Benedict—1 have nad no time to confer with r Machado, ¢ Commissioner—I only Axed the examination eleven o'clock to-day formaily. . Benedict—1 want time for an examination. umay have grounds 01 suspicion against Mr. Ma- ado, and it may turn out you have not. e Ma eal will 1x the examination for iy next. Benedict—I would prefer some day next he Commissioner—I desire that the examination i take place this week. 1 will Ox it 1or two ock next Friday. Ir. Benedict—I may not be able to come then. he Commissioner--If not you can apply for & yponement. he examination was then adjourned to Friday, Machado, who gave bail for bis appearance, n left the court room. jubsequently the defendant, Case, who is out on 1, came into court, and was informed that the in- 'Y Was adjourned unul the time stated above. ‘um 18 still in prison. He was not present pu the Commissioner adjourned the proceedings. SUPREME COURT—SENERAL TERM. ership of Materials of the Bulidings in Opening Streets. fore Judges Ingraham, Cardozo and Barnard. fatharine A. Schuchard vs. The Mayor, @c,—Tiis Hl be recollected as a sult, or rather one of several similar character, brought against the city to pover the value of the materials of the buildings n down in the extension of Cnurch street. Judge dozo, before: whom the suit was originally pught, dismissed the complaint. The Court re- d this decision. Judge Ingraham, who gave opinion, closes the same as follows:—“In the sent Cuse the averment is that the Commissioners ty awarded damages as for injury to the building ior removing it, and that the materials were ded to the plaintiff as part compensation for the mages sustained by him. The act of 1813 pro- hat the report, When confirmed by the Court, final and conclusive as weil upon the Mayor, upon the owners, lessces and persons inte- ited 1a the lands, and upon all other persons what- . The report is conflrmed on the application the defendanis, and its confirmation 1s made usive on them. The demurrer ts therefore not i taken.’’ Judge Barnard dissented from this clusion, and the case 18 ordered to the second de- ment accordingty. ities for Arrears of Subscription by Members of Stock Compani Gward P. bray t8. John W. Farrell.—The plain- President of a stock company, and he brought present action against the defendant, a member phe company, to recover for arrears of subscrip- A referee, before whom the case was tried, d the complaint, on the ground that there cause of action, The defence was that the mdant could not be sued for a lability to the polation. The Court reversed the decision of the holding that, under the articles of the asso- Hon and the statute, an acuon may be maintained Hmst an association to recover an indebtedness @8 an assessment from bim on his stuck. Decisions. mily Cook vs, Martin Knafe et al.—Judgment re- ed and new trial ordered, costs to abide the mt. Opinion by presiding Justice, othy Van Allen vs, The American Nattonat .—Judgment alirmed, with costs. Opinion by ding Justice, Herman selpecke et al, v3. Willlam EF. Quentil.— ment rendered, mew trial ordered, costs to de event. Opinion by Judge Cardoz MHOis Smith os, Wiliam 4. Kobbe et al.—Judg- nt reversed and new trial ordered, costs 1o abide ent. Upluion by Judge Barnard, Notices to the Bar. dered—A new calendar will be made out for the ral Term in June. Notes of issue must be filed ne calendar, specifying the name of the juage e whora the case was tried, if one of the judges he General Term. No cause will be placed on Jendar unless a note of issue is fled with the ten days before the first day of June term. ye justices of the General Term of the Supreme do hereby designate the times and places for ing the General Terms of the said court inthe department as follows:—On the first Monday nuary, April, June apd November, in the years aud i872, at the Court House In the city of D, P, INGRALAM, P, ALBERT CARDC GEORGE G, BAK SUPRERIE COURT—CHAMBERS. Decisions. By Judge Ingraham. orlletfer vs. Fanny Bier,—Motdon granted. —Same. Motion denied. Jeremiah Loder.—Motion ancisco Fesser ted for second Friday. ler vs, Jacovy et di.—Motion dented. nk of British Norih America vs, James C. King —Motion granted. pyt et al. vs. Purdy.—Motion denied. em Receiver, vs Whistaker.—Motion ted nderpoel, Receiver, vs, Arnodack.—Same, path vs. Churchill.—Motion denied, ten dollars to abide event. nent e al. vs, RSs. well et al. va. Hei dsali vs. Bridsall,—same. the Matter of the Petition of Henry J. Nazro —Motion denied, with ten dollars costs. vs, New Jersey West Line Raiutroad Com- .—Motion granted, va. Sayward.—Motion dented, ey vs. Mulcare.—Movon granted for Special beon vs, Waugh et al.—Motion granted, SUPERIOR COURT—TRIAL TERM—PART |. tions Growing Out of a Defunct Life Insurance Company. Before Judge Jones. Mutual Lye Insurance Company vs. James pulter.—This was one of @ series of suits it againat the Hope Mutual Life Insurance ny w recover on guaranty notes, The pt action 1s for $1,759 on @ guaraaty note by the defendant, with other gentlemen, to t policy holders. The company tatied in 1863, year later assessments were made at soventy. r cent on their notes to pay the policy hoi The defendant pleaded the statute of limita. The case is still on. SUPERIOR COURT--TRIAL TERM—PART 2. wes Awarded for Seduction aod Breach of Prowse of Marri Before Judge Monell. harine Gerken vs, John Platte—Tii3 suit, which remembered as an action for alleged breach ‘Motion granted, .—Same. NEW YORK HERALD. WEDNESDAY, MAY 17, 187L—TRIPLE SHEET. Of promise of marriage and seduction, the full par- ticulars of which nave already been published, was brought yesterday toa trial. She ciatms $5,000 dam- ages, Tne alleged seduction occurred nearly three Years ayo, and the case has frequently been before the court on motions and counver-motions. The de- fendant dentes ever bes | promised to marry the plaintiff. There was considerable testimony taken, Dut it was the “old, old story” of betrayed confl- dence on her part and positive denial of dereliction on his part, he claiming to b> the one seduced, The jury, alter a bricf absence, rendered a verdict of - $3,000 for the plaintt, SUPERIOR COURT—SPECIAL TERI. Decisions. By Judge McCunn, Mary S, Dickey vs. Moritz Din'celsptel,—O-.er 1 granted, Kerr vs. Rockan.—Sane. Anna Nirshmon vs Jonathan Friedmin"—Same, James Duff vs. Benjamin W. Knig ct al.—Same, Wiluam H. Whuisier vs, Benjamin W, King.— me. The Delaware, Lackawanna and Western Ratl- ordered, By Judge Spencer. John Gray et a!,, vs. The Sierling Fire Insurance Company.—Reference ordered. By Judge Jones,_ Maynard E. Carrere vs. Paul Spoford.—Order denying motion. COMMON PLEAS—TRIAL TERM—PART I. ¢ An Alleged Frauduleut Lenee—Insanity and ; Alcohol, Before Judge Loew. Stuyvesant vs, Browning.—This 13 an action brought to set aside a lease, charged to have been Obtained from the plaintiff py fraud, Joseph R. Stuyvesant, the plainud, a gentleman about sixty years of age, 18 and has been for years an invalid, suffering from rheumatic gout, This and a little spirituous indulgence, tt 18 charged, has lcd to softening of the brain and tmbecility, While in this condition, in October, 1869, his brother-in-law, Joseph { G. Browning; Jacob L. ‘Moore and two attorneys secured from him his signature to a lease of the property known as Allemania Hall, on Third avenue, near Sixteenth street, for elght years from 1868, at $6,009 a year, Mr. Stuyvesant to pay ail taxes, assessments and insurance, amounting to $3,000, thus leaving an annual income of only $3,000 from property now renting at $17,000, This lease, it ds charged, 1s a gross fraud on the plaintiff, and was obtained from him whilo in an imbecile condition, Mr. Stuyvesant was offered as a witness in his own behalf, but defendants ovjected to his testimony, on the ground that the plainut’s counsel, in his opens ing, admitted him to be insane. The Court sustained the objection, and Mr. Stuyvesant's testimony was excluded, Case still on. COMMON PLEAS—SPECIAL TERM. Decisions. By Judge Joseph F. Daty. Mooney vs. The Central Park, North and East River Railroad Company.—Motion denied. : Wooy vs McMahon.—See decision with clerk. By Judge Larremore. Berger vs. Thornton.—Motion granted, By Judge Loew, Pouvert vs Godd/rey.—Judgment for plaintit. MARINE COURT. Cotton and Cigars Mixed Up. Before Judge Shea. Bischof vs. Kuhimann.—The business of we plainti® was that of a shipping clerk tu cotton houses, but he also carried on a cigar store on the Bowery, in charge of an agent. The defendant was also in this latter business, and having had dealings with plainuif at various times, nad @ balance re- maining due him, which, he says, he tried unsuc- cessfully to obtain; and finally ascertaining, on the ist of January last, thag plaintiT bad not been to the store for two weeks, Mn«ling his residence closed and being ab‘e to get no Information of his wherea- abouts m his relatives, he became con- vipced that the plainti® had absconded, and fearing that other creditors might come in with the Sheriff and close out the siore, he proposed to the arty in charge to sell or turn over to him some 009 cigars that were on hand there, which was consented to and the goods removed. But defend- ant testifies further that on finding that he could not legally stamp the cigars, as that must be done by plaintim, he returned the goods to Bevo ace, Plaintiff testitied to the value of the goods ing $140; explained his absence trom the Bowery store by @ rush of business in cotton down town, and brought witnesses to prove that he had been constantly down there and in the city for two months prior to January 1, The Court charged ‘the jury that lt the ty were removed by defend ant without plaintif’s consent, even though the agent joined in the act of removal, it was a tres- pass, and that not only did defendant's spreading a report that the plainti® had absconded render him Hable to be assessed in damages, but that his repe- tition of it here in court and in the papers aggra- vated these damages, and that the return of the property could only be taken in mitigation of dam- ages, Verdict for plaintiff of $525. Decisions. By Judge Joacuimsen. Machado vs. Rapp, rarmlee vs. McCalden, Price vs. Davis, Saltonstall vs. Openshaw.—Dismissed. Brown vs, Rouse.—Judgment for plalatils, $643 31 and costs, Miller and Others vs. Schoenberg and Others.— Verdict tor de‘endants. By Judge Gross. Wehle vs, Pearl.—Judgment in favor of plainti, for fifty-five dollars ana costs, C. C. Wtison et al. vs. S. Krotoshiner.—Judgment | for platotiff for $391 36 and costs, with twenty-five dollars extra allowance. Vey vs. Garvey.—attachment vacated, plaintif \ bemg an infant and no guardian being appointed, Joseph Kopetzky vs. Alichael O. Hxa et al.—De- clston reserved. Bracker v3, Coughln.—Argued and decision re- served. ‘Leopo'a vs, Strouse.—Argued and decision re- served. COURT OF SPECIAL SESSIONS. A Military Marvol—Aa Officer from Weat Point Falsely © od with Petty Theft— Memb:rs of the Bar as Swearists. Before Judge Shandiey. Patrick Reilly, @ military oMcer at West Point, was charged yesterday moroing by James Ennis, a liquor dealer at No. 608 Grand street, with taking twenty- five doliars from the pocket of a vest hanging in one cf the rooms inthe house. The defendant was a tall, gentlemanly looking man, with a good tem- pered face, aud presented an appearance the reverse of that which usually accompanies vice. His wife, @ neat-looking, weil-dressed lady, was In court, and both the parties appeared to refute the charge upon their features, Everything connected with them appeared respectable. On Saturday last Reilly came on from West Point to this clty and stepped into the barroom kept by tae complainant to get a glass of liquor and write a letter, Having a desire to visit some of his friends in company with his wife he sent for her to mect bim there with bes money, as he bia aie the civilian sgit beforg inpkin, 3 calls, sendin message W i Coe whe iad in the placé, Atif 1 wailing for a reply to iis note the Proprictor passed iu from the street, and taking of his coat, hat and vest he hung them up in a room adjoining the bar and went upstairs. Reilly was then talking to a bar- tender, by the name of Dixon, ansequentty paeaing through the room in which the vest, &c., we: hanging for the purpose of Waentng. lus bands. fe- turning again to the barroom, he walked to and fro for a few minutes, first into one room then the other, until the messenger returned with a note statiog his Wife wanted 10 meet him in Church street. He went to the SO ge tae place, received the means to buy the desired suit, and made an ar- r ngement to meet his wile later in the afternoon at the Williamsburg ferry. Reilly, having been re- Meved of the military babiliments, DONNED HIS CITIZEN'S DRESS and marched out into the street, en route for Wuliamsburg. As he was proceeaing to the above- named rendezvous he was accosted by the man Dixon, the member of the bar referred to, ond to a few minutes an ofllcer came up aud walked Reilly off to the station house on a charge of stealing twenty-five dollars from Mr. Ennis’ vest pocket. The prisoner's wife in the meantime was kept at the ferry, woudering what on earth had become of ber husband. She waited at the place for four hours after the appointed time, then retraced her steps toward home, AS soon as sie had entered the house an ofiicer came and asked her the peculiar question, “whether or not she bad given @ man any money that alternoon.”” Sne said she had given her husband some money the same day. Learning that her better half was in prison on @ charge of theit, she proceeded to the ceil in which he was confined and made her statement to (he sergeant, who, by the way, did not appear at the trial in the Court of Special Sessions, Ennis, when placed upon the stand, could not swear that THE MILITARY GENTLEMAN HAD TAKEN WIS MONEY} ail he knew was he had itin his pocket when he entered the house, and that when he came down stairs, fifteen minutes later, it was gone; he was, ys said, med fd upon the statement of 1@ man behind the bar, lu whose sleep! Ment the vest was Langing, vite Dixon seemed prepared to swear to anything, He Aian’t see (he wonev taken, yet he was certain Reil- ly had it, There had been no one eise ip the room, and be was quite sure that the defendant had been jn the room move than filteen miuutes; “for,” said he, “he first went jn to wash his hands, and the next time he was in there more than a quarter of an hour.” In over words, the defendant, In his opinion, Was not theré for some ume after Ennis Went up stairs; stlil he made t¢ appear that either his employer had groasiy wiseaicuiated the time Or elgg Yiat Reilly was there longer than the veat Wasin the place, Ip order to give his story fat. ther plausibility he said he could mot see how the detendant had any money, are he had a full suit of new clothing and tuirtoen dollars in his ive ‘dollars, fo must bs hadly. gnorans of ine cost of of black doeskin, if, Tholesale awearist indeed, 1 ever owned such’ an article, Judge Shandicy next heard the statement of Mra. jusband, cise were their and her bi 80 Con remarks that he wisely dismissed the complaint and acquitted the man, who left the court with lis wife leaning on his arm, COMMSSION OF APPEALS. Tne calendar of the Commission of Appeals for Wednesday, May 17, is as follows:—Nos. 129, 130, 195, 140, 987, 218, 12%) 124, 101, 198, 199, 141, 144, 108 an BROOKLYN COURT CALENDAR. Crry Court—Parts 1 and 2.—Nos. 6: pt 129, 33, 63, 69, 108, 121, 141, 162, 164, 98, ie ae THE ERIE RAILWAY WAR The Battlo Still Going On, but the Fire Some. what Weaker Than Usual. The Feference in regard to 60,054 shares of Erle stock claimed by Heath and Raphael, the English shareholders, to be their property, was resumed yes. teaday Lefore Mr. Kenneth G. White, the Master, Mr. Southmaya appeared as counsel for Heath and Raphael, and Mr. Lane, Mr, Morgan‘and Mr. Beach for the Erie Company. JAY GOULD AGAIN ON THE STAND. Mr. Jay Gould was further examined by Mr, South- mayd:— Q. How long a time elapsed between the making out ofthe convertinle bond for $1,000,000 and the conversion of the same into stock? A, The same day; 1 became the owner of the bond; I bought it from the company at the market price of the stock into which it was to be converted, the same as the other bond for $2,000,000; I paid $50,000 and $60,000 On account of it in January. Q. What had you paid on account of it before it Was converted into stock? A. My recollection is that J paid something on account of the bond, but it 1s not entered in the book; 1 think I paid some. thing on the 12th, but there is nothing entered until the 14th of January; there was nothing paid on tho bond until it was actually bond, so I think; I was. advancing money from day to day to the company, and I took these bonds in part payment for my ad- vances; I bad become owner of this bond under a bargain with Fisk and Lane; I was authorized by the resolution of the board to sell the stock. Q. But not to yourself? A, The bargain was that I was to buy the stock at the market price, and if ‘there was an excess I should return it to the com- pany. Q. How much money did you pay for that bond before the 12th day of January? A. At three differ- ent dates—$50,000, $60,000, $100,000—and on the 7th of February $2,963; if I wantet to know what the company owed ‘me I would strike a balance; there ‘was a separate loan account between me and the company; I paid to the company on account of this vond, alver it was cancelled and converted into atook, the sum wlowed as the price of the bond. . Were not these convertible bonds—one for $1,000,000 and one for $2,000,000—made for the pur- pose of being converted into stock with the tutent That at the time they should be converted into stock? A. Yes, They were not made with the intent of be- ing kept alive as bonds. I took the stock certificates for these ten thousand shares, and receipted for them; I gave them to Mr. Willard, and delivered them to him as so much stock; five thousand of these shares were put in the name of William Heath & Go; it is @ usual thing with brokers; the certificates were in thelr name, and there was & blank power of attorney on the back of the certifi-’ cates; baad were acting as brokers; Titus, Willard, Martin & Beach, and William Heatn & Co, had cer- tificates in their names; they were acting for me as brokers; a8 to the $5,000,000 of stock in 1869, that Bock was issued, but the narrow guage, proposed in connection therewith, was never carried out; 1 should think half of the 10,000 shares were sold soon after they were issued; the tact of the issue of this bond for $1,900,000 and the bond for $2,000,000 was communicated to the board at the same time; I think I stated the affair 1nformaily to the meeting of the board previous to the board meeting of the 18th of April; the proper stamps were put on the ponds alter counsel (Mr. Sout wd called attention to the fact that they ‘were without proper stam, ps. Mr. John A. Hilton, the transter clerk, produced & statement of the transfers made of the 30,000 shares of the stock m question. Out of the 11,600 shares issued to Willard, Martin & Beach 2,500 shares were transferred to other parties. Witness mentioned the names of other persons in whose names the stock still appeared, by the books of the company, to be standing. Mr. Justin ber fat, worse bed nc bebe of the Erie Company, deposed that there was a loan re- ceived by The Erie Rallway Company from Willard, Martin & Beach of $60,000 on the 17th of December; 1 sent them down (he continued) notes and bonds of the Narragansett Steam Company and Jefferson Railroad bonds as collateral security; I cannot tell when these securities were returned, but the cash ook shows it was on the 14th of January, 1871; Mr. Gould’s statement, that the return was made on the 2sth of December previously, must be & mistake; as far know the ag sum of $60,000 received from Willard, Martin & Beach in December, and the various other sums re- ceived during that and the ensuing months, were considerea as current loan, and 1 was unaware that they had any relation with convertible bonds; mo- neys received from Mr, Gould during that period ‘were not entered as advances on convertibie bonds, and no person in my department knew anything re- garding them. ‘The mquiry at this stage was adjourned to Thurs- day, the 26th, atone ociocks The potut sought to ve brought out by the examination of Mr. Gould yesterday was that the issue of the convertible bonds in question was wholly and enurely tilegal. PRESENTATION OF A UNITED STATES COURT BY A UNITED STATES GRAND JURY, © [From the Rochester Union, May 15.) On Saturday afternoon the Grand Jury of tho United States Court sitting here adopted and pre- sented to the court & series of resolutions condemn- Ing in decidéa language the proceedings of some of the commissioners and other inferior oificers of the courts, and persons connected with the iederal de- Dariments Wuo have been and still are engaged in the persecution of citizens by taking advantage of technical violations of the laws. It 1s hoped this expression of the Grand Jury will have a salutary efect on those who are rebuked. The jury and court have been consistent in their action by throw- ing out such complaints as they deemed trivial. The tollowing was reported by the committee of the jury and unanunousiy adopted by the whole boay:— YUneren STATE Disrator CouRT Fon THF il NoRTUERN DibtRi0r OF NEW Yous, In GRAND Juny Room, ROCHESTER, May 13, 1871, Whereas we have been duly brought together to serve Grand Jurors for the bighest jury court in the Union, and, having completed our labors, deem it a duty we owe to the public to allude to a few of the evile of this court, disclalin- ing any inteation of reflecting upon the Court proper, whom we know to be Jn full sympathy with us, and for wom we have the highest respect. Firt—1be cou necessarily vers expensive at best, to litigate for legal rights, Inasmuch as tbe venue ia anywhere within a radius of 200 ‘miles from the centre of the -large State of New York | thus o!tgq mep are compelled to travel 400 from home for t @ Venivé of all actions Is of the t importance to both parties on the trial of the ac- tions with reference to ecopomy, convenience, &c. The bare jdea of being brought into thie coult suggests the going out a bankrupt to every one with Imited solvent means; therefore, whenever there ¥ concurrent jurisdiction Bt courts, action: always be gh , Unlese upon good cause shown, Serovwi—Many of the cases brought before us more fit'y be- Tonged toa police court or couuly court, and most likely weuld have been brought there, only it paid the complain- ania better to thrust (bem before this 1 Urand Jury Delng the erimtoal gateway. to the hope we bave rent nove unjustiy Urough it, whi! the fatis’action of knowing thal we aye quashed the Indietment of some well “pnt Dp jobs," and would more willingly bave presenved fome of the witnesses than the accused, had they charged with the offence, judging by the apparent motives of botb. We desire to commend those ollicials whose honest ents enabled usto correctly comprehend our duty, mag oven Justice to the government as well as to the accused. ‘Third—We Wave had presented for our action quite too many flimsy, merely technical violations of the law, where, Mt she authorities that sent them before us are held to their rallog at tbe great day of reckoning, we fear they woud be shorn of their power for the abuse of it. The people wish to fouk up to the government for protection. and not for perse- cution, We prefer to betleve our fellow men are better rather than worse, thom they are, while we have endeavore to find out in the cases bef Porwth—For iiegal voting the proper place for correction in in our State courts. Most{of these cases would ever have oveurred without the greater moral crime of bribery to duce them. trust ere long to ace both of these crim “go up" together, However, Indictment followed, where the the right of the Court to From the nature of many of the cases brought be- ry it {6 evideut that the Commissioners of the Cirentt and District Courts ta thie district, and {on thie locality, have been led to Issue Ware upon the aM@idarita of Irresponsible parties, which prac nees, Not only creates an unnecessary Feat injustice aud hardabip to innocent pat td the necessity of (defending them- uglt or worked up by deputy, United States marabale, ae ibis Jury are compelled 10 de.lere, ror the sake of the ‘a mere technica! violation of the law sullcing to create ‘a serious charge against the in- tegrity of men who, are entirely innocent of ar Therefore we do tnost earn- fly and respeétiuliy ask the Court to ue {ts induence to @ the evil complained of corrected, and would suggest a vetion in the cumber of United States commias anent reduction in the prinber of paid ; urther urge an Investigation into the cause and ¢ tent rows injustice to our citizens, caused, as we fear, by, Adity of some of these officers. In conclusion, a4 loyal men and as citizens of @ d not to lowe sight of the ob- ind governin t authority, and to "7 protecting | in instead of Constrnihg its poliey indicted only on clear proofs, D, BORANTON, Foréman. S proofs warranted it, because it claim ft. ‘ rants fm nts, ane THE PUTNAM TRAGEDY. Tho Difficulties of Obtaining Quali- fied Jurymen. Interesting Legal Points Raised by Counsel. SECOND DAY’S PROCEEDINGS | Yesterday, at ten o'clock preciscly, Juage Car- dozo took his seat on the bench, and five minutes later four of the accepted jury of the previous day marched in, the rear brought up by Sherif Brennan, who has been in attendance since the first day's proceedings. At this time there were in the court room only about seventy-five persons— Jurors, reporters and counsel; but one by one new comers commenced to enter, and gradually the va- cant space was occupied, The flith and last juror entered atten minutes after ten. thus making the set complete—the five that were sworn in yesterday. Accommodations were provided at the Astor House last night, by the Court, for the benefit of the jury, 80 as to prevent any opportunity of conversing with outsiders in regard to the MERITS AND PHOBABILITIES OF THE TRIAL, and to enable these five mento keop their minds uncontaminated and above bias. THE PRISONER. Foster entered at the usual tyne, twenty minutes past ten, and took his accustomed place beside his counsel. It was noticeable that on this occasion he did not wear the “bracelets,” but had his nands perfectly free. As on former days, he wore that same stolid look of indiference—not brutal indiffe- rence, butan appearance as if he failed to realize fully the awful situation tn which he stood. Judge Stuart and District Attorney Garvin en- tered the court room at half-past ten, and shortly after the Court commanded silence and the roll call of jurors was heard, the solitary five answering vigorously as their names were called, The first juror summoned was Mr. Hudson Cary, of 46 Catharine street. Mr. Cary was unfortunate enough tohave EXPRESSED A DEOIDED OPINION in the case, 80 consequontly had to forego the honor of serving a3 @ juryman. Several others were re- jected, having formed opinions. Mr. Adam Muir had read of the marder, but had no opinion—only an impression. At this point Messrs, Hendrickson and Morton— the two first jurors sworn—were appointed triers under the rule of favor and took the oath. ‘The reason of a Juryman’s being competent while having an impressio. on his mind as to the guilt or innocence of the accused was briefly ar, oy, re- spective counsel, and the triers decided tt in favor orihe re Mr. Cary thought he could sit im) ly, a@ jury’ and give a ver- dict accordance wil the evidence, note withstanding he haa this impression on his mind. He had heard conversations in reference to the murder; he bad no impression tn regard to Mr. Foster; it was in reference to the party who com- mitted the deed, whoever that mi be; he had no impression either for or against the prisoner; his mind was perfectly free in this respect, J Stuart wanted the counsel on the other side to ask the juror direct questicns, not to pro- pound egestas. ‘The Court—I think both the gentlemen have tn- duiged prey freely tn this regard, and in adaress- ‘an intelligent man I think 1¢ objectionable. fudge Stuart then proceeded to ad the triers on ‘THE QUESTION OF IMPRESSIONS, and contenied that 8 juan holding au impression either oue way or the otner should be properly dis- qualided from serving. Assistant District Attorney Fellows replied to the ent of the deience. He said an tin- ression cannot ps ge @ man from serving impartially. He id that a mere impression received on the mind from perusing an account of a tragedy hike the Putnam murder in the apers was as transient on the mind as ‘tho fitting of acloud across the sun, It passed away and left the mind in its normal state, unbias- sed ang without prejudice. He quoted from -Vole- Than's Gmina Law” to show precedents for men, while Raving entertained impressions serving on juries. He argued that even if a juror had old that Foster killed Putnam, or if he knew It, that man Would ve entirely competent to sit in judgment, He might just as impartially act as if he was in total ignorance of the matter. Knowing that Foster killed Putnam, might not that juror find as readily, if the evidestce warranted it, that the was justifiable? He continued at some length. The Court charged that it was for the triers to judge whether the juror’s mind was in that state of disinterestedness that would warrant his being per- mitted to serve or not. They, the triers, should ‘weigh carefully the PROPOSITIONS ADVANCED BY COUNSEL and decide as the evidence warranted. Tiers—We find that we are in doubt about the juror’s fitness and we think the prisoner shouid have that doubt. We, therefore, find the juror not quali- fied. After this one after another was rejected to the number of six. Abraham Demorest, of 142 West Thirtleth street, was rejected by the Court, having expressed an opinion. He “‘stepp d aside.” ‘Mr. Isaac Friedberger, of 184 West street, did not have any opinion in the matter of the murder; had no impression even; was not acquainted with either the prisoner or his friends, nor had he been ac- quainted with the deceased or his friends; had no conscientious scrupies about hanging @ man. Not- withstanding all tuis he was set aside under the peremptory rule. CAPITAL PUNISHMENT. It had been the practice of the prosecution up to this time to ask the proposes juror if he was op- posed to the infliction of capital punishment when the evidence would Warrant a verdict of tne firat degree of murder, This was usually asked after the juror had stated that he had expressed an opinion, Mr. Bartlett, associate counsel for the de- fence, objected to the asking of such question after the juror had proved himself unfit.by reason of his havipg an opinion. He could not see THE OBJECT OF THE QUE ty. If it was to give the jury the impression that most ersons favored the infiction of capital punishment, he defence would be justified in produciug and reading the State documents of Michigan, showing that the most beneficial results had been obtained in that State by the abolition o1 the deatn penalty. The Court—1 do not think such was the object of the District Attorney io asking the question of the roposed pages lam rather of the opinion that it ‘was to gain time that the question was put. Mr. Bartlett demurred to this; but it was finally satisfactorily settled that the object inthe putting of the interrogation was as stated by the Court, Julius Bandman had conscientious bent shag ‘as re- garded the propriety of resorting to the death pen- alty, His notions on this point were derived from a higher jaw than that of man. He was excused. ucius Lyon had no formed opinion; had no im- | Pression; had no anything that would asqaainty ; him to act asa juror, He was set aside uader the peremptory challenge, Adolph J. Gruches, THE GENTLEMAN WHO JAD BEEN SWORN BY MISe TAKER, | he having answered to another man’s name yesterday, was here called, and stepped upon, the staud to be again questioned and cross. xamMined on the aigerent pias of ap Opinio! the newsraper accotnts he had péruse r “bee y conversations he had heard he had re- ceived an hinpression, but a net sufflcienuy strong 0g to warrant his calling tan opinion; nothing had occurred to dispei that impression; it would, in fact, require some evidence to remove that im- pression, Judge Garvin—Do you suppose that you could fit on that jury and render @ decision impartially in this case? Judge Stuart—I do now decidedly object to my friend sitting there and propounding propositions, Idemand that he desist hereafter from pursuing bong line of examination, and | mean tostick to what say. The Court—] think the District Attorney haa bet- ter change the Jorm of the question. think it would be desirable, The question was then put in another form, and the case Of the juror was referred to the triers, The juror was decided ft, but was set aside by the peremptory challengé, It was now one o'clock, and NO JUROR WAD BERN OBTAINED UP TO THIS TIME, and with very litte prospect of getting any called. Mr. Gilman Collamore was asked by the District Attorney if he had ‘any bias against the prisoner | oe te accounts he had read and heard of tho | murder, Judge 8! ‘t again objected, He said that was an improper way of putting the question, It should be put in this wise:—Has the juror any bias for or against the party accused of the crime, or has the Juror any bias either for or against the guilt or inno. cence of the accused—and not has he any bias against the prisoner. The Court ruled that or the challenge for favor the | District Attorney had a Fight to ask any question Vearing on the case in any form he preferred, Counsel took an exception. Alter the rejection of several more jurors a recess Was taken at ten minutes past one o'clock, and the crowd in court took advantage of it to go forth and etretch their cramped limbs, al the recess the call of jurors was proceeded with. Charles Hudson, on being called, stated volun- tarily taat he had AN ACQUAINTANCE OF TWENTY YEARS WITH THE PRISONER'S FATHER, That circumstance was no legai bar to his serving, but he had also formed aa opinion in the matter. he was excused, At this time, as one after the other, to the number of fifteen or twenty, were each rejected for enter- taining decided qpinigns or for other equally ugpor- would be had. half-past two o'clock, and not one juror had been sworn “A jackson’? wad called: but as in the soot the lige. of was next sworn io as juror, after h: juestions in a sa manner, - Cl P. Clayton, engraver, of 77 West Eleventh pete Was set aside under perea ety challe: fea @ had ocen decided an impartial juror by Judge Stuart, at five o'clock, asked the Court to adjourn, as seven hours had ploy deavors to get @ jury and he felt rather fatigued. journed until half-past ten o’clock this morning. Witnesses and others were instruct- ed to be in attendance at that hour. The will pass the night at the Astor House. oad THE DIAMOND SMUGGLING CASE. Most Extraordinary Developments — Colonel Whitley, Chief of the Secret Service, fell. ing Diamonds to His Operatives. The further hearing of the case of the United States vs. H, 0. Justice, who ts charged with con- spiring to smuggle diamonds into this country from England, was resumed yesterday before Commis- sioner Osborn. Mr. W. F. Kintzing appeared as counsel for the defendant and Mr. De Kay for the government. ‘The facts elicited in the examination of yesterday -are of & most extraordinary character, and if all that has becn sald is true there can be no doubt whatever that the Secret Service Department in the city of New York ts in @ most unsound and rot- ten condition, TESTIMONY FOR THE DEFENCE, The first witness examined for the defence was A. 0, Beatty, a private detective. He testified as follows:—I am a private detective; was formerly in the employment of the Secret Service; up to the 12th of last month; 4 know Colonel Whitley; was under him for one year; I remember tio arrest of H.C. Radcliffe, who was arrested for smuggling dia- monds; I did not act with Colonel Whitley in the arrest of Radcliffe; I was present at an interview in Bleecker street between Colonel Whitley, Mr. Jus+ tice and Mr. Esmond; there was a conversation about who was the informer. Objected to by counsel for government. Counsel for the defendant said he wanted to Prove that Whitley was the chief master conspirator in this matter, and that Whitley told both Esmond and Justice that they were the informers, though Justice disclaimed all intention of claiming the in- Mts Commissiguer—State, if there wi missions as any con- versatton, when and where it was, sf Witness—After Radcliffe was arrested I heard a Conversation between Colonel Whitley and Justice, at Whitloy’s office, 67 Bleecker street; I heard Colo- nel Whitley say to Justice that 1t was 4 VERY BIG JOB and that they ought to make a deal of money out of it, and that they had not the least doubt th would $100,000 worth of diamonds out of it. Justice said he hoped they would Bot along with it; and sald he thought they would, if they could only keep Esmond quiet; Whitley said ond was very nervous, and would make A BAD WITNESS; 4 he sent me on several occasions to keep. Esmond quiet; I heard Whitley say that “they” snould have the moiety, meaning Justice and Esmond; that it Would be a good, big heap; I purchased GBT DIAMONDS from Colonel Whitley about three weeks after the arrest of Radcliffe and the seizure of the diamonds; I have five of them now in my shirt. bosom; the re- carte he hed in. ring that my wife 3 f ald Colonel Whitley $86 68 for the elgnt diamonds, do not know the value of the diamonds; a dealer told me that the whole elgnt were worth sixty-five dollars in gold; Whitley, at the time he sold me those diamonds, said they were some of RADCLIFFE’8 DIAMONDS; Colonet Whitley had at that time other diamonds his possession. Mr. zing said Radcliffe had stated in his evi- dence that all his diamonds had been returned to a ane sated payment to ine trimer: of $4,500; et NO appeared that lc) been selling Those diamonasand 4 as & wit- some of them, Mr. De Kay—There ts no proof whatever of that, Mr, Kintzing—I am going to give it now.. Witness—At the time I purchased these diamonds from Whitley 1 saw other diamonds—about fifty— hates him; at the same time that he sold me diamonds @ also SOLD DIAMONDS to Mr. Sullivan, Mr. Newcomb, Mr. Nettleship and Mr. Butts, all Big, = oka tn the employment of Colonel Whitley;“Newcomb has some of those dia- monds yet; he wanted me to buy them; I bought the diamonds FROM COLONEL WHITLEY, I think, pending the examination of Radcliffe before Commissioner Osborn; I met you (Mr. Kintzing) for the firat time to-day accidentally in the street, and communicated these facts \o you; you then sum- Moned me here as a witness. Cross-examined—I do not know why I left the secret service; I got a letter from Colonel Whitley THAT NEWCOMB, who had been previously examined hero Ness for the govesnmaent, haa _pnrchased dischat me; I do not know why I was dis- chat ; did not hear in the conversation with Whitley anything about diamonds that Radcliffe had which were not smuggied; I did not hear from Whitey when I boughé the diamonds that they had come from a pawnbroker’s. To counsel for defendant—When I was discharged other operatives were also discharged; they sald seven, but I could only see another besides myself. To the Commissioner—I now say, under oath, that T have no til-feeling toward Cotonel Whitley by rea- son of my leavil e service. Mr. De Kay said he would ask an adjournment in order to show how it was that the diamonds stated by the witness to have been sold to him had come into his (Whitiey’s) possession. The case was then adjourned to to-morrow at ten o'clock. Colonel Whitley, to whom allusion has been so repeatedly made in the above testimony, is Teported to be absent in California, and when’ he comes back he will douotless give his version of the affair, If it be not decided before his return, Coionel Whutiey’s detectives who were present during the examination of Justice before Commis- stoner Osborue, on a charge of aiding Radcliffe to smuggle diamonds, that braham =, Beatty, the witness for the defence, was dismissed from .the Secret Service Depart- ment for appropriating to lis own use @ large quantity of wine which he had setzed on an Italian ship ing in Brooklyn, and also that the diamonds whicn he and other oilicers of the depart- ment had purchased had been pawned by Radcliffe before Radcliffe was arrested for smuggling, and they were redeemed and pald for by the detectives. GARROTING ON THIRD AVENUE, On Sunday evening, when the light of day bad barely died out and Third avenue was crowded with pedestrians, both male and female, a German named Wm. Kleaert, residing at 662 Third avenue, was robbed of his watch and chain by garroters, While the operation was being performed upon him he was, of coutse, unable to cry out, but it 18 be- yond comprehension how such a terribie crime could have been committed, in such a thoroughfare with- out the immediate captare of the thieves following. Such is the fact, however. Mr. Kleaert. it seems, was passing along in a meditative manner. He had been ous all Gay and wag.then probably on his re- turn home to his “‘frow,’? with the expectation of a stormy scene at meeting, aan ee one tes ry round mM delind and squeezed him uiomevenay Cat hae he got black and blae in the face, and became almost insepsibie, Another then reiieved him of bis watch and chain. Before lic could call for help the gang, which numbered pro- bably eight, had disappeared, He went directly to the station house and informed Captain Gunner, who sent out officers Lambrecht and Clark to search for the ipo yea While passing through somo by street the oficers came across four young en, who live on Third avenue and whose puta: tion {8 not of the best. One of them had @ bundle under his arm, which fact was sather Suspicious to the officers, and they at once — arrested two of them, Terrence Reilly and John Goffee, The 8 her two made their esca| The bundle contained ime ladi¢s’ shoes, a couple of coats and a canvas bag; but no watoh was found, RE ag | they were brralgnes at the Yorkville Police Court, havin, veen identified by Kieaert as the two who were nios' active in robbing him, and they were committed, in default of bail, for trial. Another of the same gang had also been arrested, but Mr. Kieaert being un- able to identify him he was discharged. Oaptain Gunner has retawed the articies found with the prisoners for identification at the Nineteenth pre- cinct stalion house, THE FOUNDLING ASYLUM. This institution, under the care of tho Sisters of Charity at No. 8 North Washington square, is sadly in need of funds to meet current expenses. The good Sistera work untiringly to keep the asylum in good condition and give proper care to the miserable walfs encrusted lothem. Frequent appeals for aid to them have been made through the colamng of the HERALD, and they have always met with a prompt response. To- day another appeal 18 made, And this evening Dr. Ghislain J, Durant will lecture at Steinway Hall for the benefit of the asylum. [le takes as subject the “Refutation of Propositions against the Estap- lishment of Foundling Asylums,” and those who know the A 9 spt assert that he can and will give Qn interesting and entertaining discourse, ; tenance such illegal practice, 7 Continuation of the Trial of Thomas Lookup Evane—The Defendant on the Stand—In- teresting Disclosuree—Judge Bedford to Charge the Jury Tc-Day, ‘The trial of Thomas Lookap Evans, who is charged with producing an abortion upon Ann O'Neill, was continued yesterday in the General Sessions, before Judge Bedford. TESTIMONY FOR THE DBFENCB CONTINUED. The first witness called by the defence was Mary Dickenson, an old woman over sixty, who was the doctor's housekeeper, She sald that Ann O’Noill came to 94 Chatham street in the beginning of last February and got a wash fora complaint she had; she subsequently called and the doctor told her she Was in the family wa: ihe asked him if he could not give her some relief; he said he cured her of one complaint, but could not cure fer of the other; he told her he did not do such things; she said she Wag Yory poor, and ° then ne. sald she might board theré for threé doiiars a week; she came, and soon after commenced to make two suits of baby clothes; the girl ONeill told the witness that she had gone to another doctor before she came there; she was hearty and well all the (ime she was a Dr. Evans’; the witness saw a great many babies born at his place, but never saw a dead baby there, and never heard of a complaint being made against him for abortion before this one. Assistant District Attorney Sullivan cross-exam- ined the old housekeeper at great length, and the auswers to his questions gave the jury a well exe- cuted photograph of the interior of the Chatham street cstablisument, where she said a number of ladies came to be treated by the doctor, Mr. Walsh used to help the docvor to make up his medicines, and clerks were employed to do the writing upon circulars, Counsol for the defence became restive during the old housekeeper’s examination, and objected re- peatediy to the questions, but Judge Bedrord per- mitted the District Attorney, as it was on cross-ex- amination, the widest latitude, Peter B. Walsh, the poctor’s assistant, was then examined. Ho had lived with the doctor between six and seven years; he was absent from, the city part of Angust, but when he returned he saw that O'Neill was boarding there, and appeared to be healthy. He also was cross-examined, and sald that Dr, Evans had clerks to write upon circulars and attend to his correspondence; sometimes a good many patients came there and were in the doctor's private consultation room. “ BVANS ON THE STAND, The defendant was then Tpreesit on the stand and sald:—Lam o graduate of the University of Edin- burg ana of the Royal College of Surgeons in Lon- don; have taken out two diplomas and received three gold medals thirty vears ago; I never orl @ to procure an abortion upon anybody; I am di metrically opposed to it; any one who would come to my place { would tell them they could retire to the country toa farmhouse and be confined there; about the 20th of July Ann O'Neill came gna sald she saw my advertisement to care female weakness; it was very evident she was then six months in the family way: she wanted medicine; 1 said I never gave medicine toa fregnant woman; she said she had been to a jame’s in St. Mark’s place, which she very much regretted, as she gave much money: 1 applied a caustic solution for an abrasion; 1 was sick with chtils and fever on the 10th of August, the time Ann O'Neill said the operation was pertormed; I never had a@ steel instrument and did not keep abortion Grags; the plils I gave were made of corn meal flour, glued together with four paste and colored with red ink; Ann O'Neill paid three dollars the first weok and did not pay anyt else for the next three months} I gave mdney to my housekeeper to Ret baby clothes for her; I would not trust Ang "Neill with a child one hour in her possess fon. The counsel nere asked the accused f he did not wri uumber of works, some of the titles of which he read:—*The Complete Triumphs of Enlightenment on the Glorious Forthcoming of Christ's Kingdom;"” “The Made Plain to Fortune for the ‘The prisoner sald yes, and that they showed how to create heaven.on earth; how to restore Paradise, ia. crease marriag es, babies and ali good things. The Doctor said that Aun O'Neill sent messengers te ‘him to have her bailed ont, and he refusod to coun- He commenced ina flere Put to him by ane frantic and vo- counsel, wOd SCCU~ed Ww cool manner to answer tue a coungel, but suddenly ferous Bn tmpudent vw — insanity. dge Bed! at this stage called the witness te order atid iustructed him to conflue himself to the questions propounded by counsel, who cross- examined him at great length. The suggestion made by the Court had a wonderful effect upon the prisoner, who suddenly became remarkably quiet, and thereafter maintained a respectiul demeanor ‘upon the stand. The prisoner asserted thas after he was arrested a Messenger came to the Tombs and told him that it he $10,000 the case would not be prosecute 1 b; the authorities, but he (the witness) did not wil to @\ pose parties’ names, Judge ford insisted upon the witness givin; the name, whoever it might be, and Evans said was William Bloodgood, an advertising agent, who ra the message to him from the Coroner's ice. Counsel Re two of his client’s works in evidence, ne said he would argue to the jury that he was sane. Margaret Kinny swore that Dr, Evans was sick at Jamaica on the lofh of August with a fever; that she knew him eight years and was delivered of a child by him, and be always treated her kindly. telat McGuire aiso testified that Dr. Evans de- livered her of a child in Stanton street, and refused to produce an abortion upon ter, ‘nis clogod the tesumony for the defence, Ann O'Neill was re-examined, and positively de- nied the prisoner's statement with regard to her. Mr. Sullivan said he had tssued a subpoena for Mr. Bloodgood, but he could not attend till to-more row (to-day). Alter his examination respecting the alleged interview between him and Evans, oe will Sum up and the Court will charge the jury. NEW YORK SPORTSMEN’S STATE CON TION, 5 Probable Opening on Monday Next—Fro- gramme of Sports. ‘The Utica Observer in speaking of the approach- ing annual Convention of the Sportsmen of this State, to be held in that city, says:—All the ar- rangements for the Convention of the New York State Sportsmen's Association to be heid in this city are nearly perfected, and are of a nature to give Satisfaction to the many enthusiasts of the gun and rod who are expected to participate In the glorious sports, and to contend in the friendly emulation for the prizes offered, Those prizes, we understand, will excel In value and beauty of design any ever before offered. TUR OPENING BXERCISES. The day for opening the Convention will be eer announced as soon as the birds arrive at uiralo, Should nothing unforeseen occur, however, the Convention will open on Monday evening, the 21st inst., at eight o'clock, in the rooms of the Centrat New York Sportsmen’s Club, with appropriate exer- clses, NOt Omitting a bounteous culiauon, ~ TUBSDAY, The first day's exercises, 6n Tuesday, wiil pro- bably consist in fly casting, salmon fy casting and bass casting. \ athe xing shooting at long distance, with and with- or el we pes, and off-hand shooting will follow the casting. Matte State trap shoot will take place at two P. M. Only members of organized clubs and county dete- gargs will be permitted to shoot at this match, Two lelegates are allowed from counties where there are no organized clubs, BDNESDAY. Pistol Shecting at nine A.M. In the first class duelling rules will be observed. Jn the second class pares May shoot apy single varrel not over twelve luches, without rests and Neld with one hand, Single trap shooting at ten A. M. A citizens’ shoot, for @ prize offered by the citt- zens of Utica, open to ali who have never shot at birds from a trap, will follow, ‘1 ? JACHaDAY, Double bird shooting at ten A. M. A single trap shoot will follow, The members of the association and thetr friends will be entertained every evening at the Central New York Sportsmen's Club rooms, tn the Tibbitts Block, The gentlemen of the Utica Club have also Weenies the hospitalities of their club house to the elegates. We understand that there will be four classes of prizes in almost every contest. Tt will be & glorious Week for the sportsmen of New York state. A FEPENTANT PUGILISTIC Pé WHOLDE?. Bripogrort, Conn., May 16, 1871. To THe EpiTor oF THe HERALD:— An article appeared in the Henacp of to-day in which reference is made to a “prominent pew- holder” as having a alMcuity with the pastor of St. Augustine's church, in which blows were ex- changed, I am that pewholder, and beg to state that that is entirely false, as no blows were either given or attempted. The pastor informed mo that atthe extra morning service all were expected to pay ten: cents aud pewnolders were only entitied to iree seats at tho regular gals * Being vor7 much excited | sald many things which wore abusive and wrogg. to the clérgyman, wiuch nobody regrets moore than mysoil, and tor Which J am perfectiy will- img to make a propor apology. Do mo the justice of luserting this in your paper, THOMAS GaAlRY.,