The New York Herald Newspaper, June 2, 1871, Page 8

a ' a een ae Me SLOSerese era ewnn ne ay gece Seeecsoury SSSSEFEE S SSE°SESSSBE SEsysrs erases corms pereecesanpon Ss2ss .. THE METHODIST BOOK MUDDLE. The Subject Matter Again Before the Supreme Court. Additional Affidavit from Dr. Lauahan Embody- ing Additional Allegations as to the Origin and Progress of This Interesting Interne- cine Strife—Other Statements by Other Parties Giviog an Interior Insight into the General Management of the Concern—An Armistice of Sov- eral Days, When the Fight Will Bo Renewed. fev. Dr. Lanahan, the lately suspended agent of the Methodist Book Concern, continues with seem- ing earnest vigor the prosecution of his suit against Rey. Dr. Carlton, the chief ageut—and the entire management, In fact, which he fights us well—which suit was begun on Monday last, before Judge Car- | Aozo, of the Supreme Court, The present, it will be remembered, is & motion to show cause why a | peremptory mandamus shoula not be granted com: pelling the Methodist Book Concern to allow Dr. Lanahan free and uneonstratned exami- nation of a its papers and books of accounts from the date of Gp to the present time, ne claiming upon such ex- amination to substantiate his charges of corrupt Mismanagement. The case was adjourned over till yesterday to allow further aMldavits to be snbmitted on Mr.Lanohan’s side. At the time appointed, Judge Ingraham, however, sitting on the bench instead of Judge Cardozo, the militant representatives of this long continued and witt has been of a strictly internecine character and wholly confined within’ the walls of the establish- ment, were out In fui! force, and a formidable array oF opposing connsel, evidently as eag the fray—with a po well—as the pri Lanahan’s counsel was ready with Ins additional afidavits, but the Boanerges of the legal fight on their side was absent ai Albany, and he solicited an adjournment on tus account, Counsel for the other side, nnheeding to, claimed it as their right to have these additional affidavits first served on them, before any action should be taken on them ia court, so that they ight be able, if necessary, to put in rebutting aMdavits. The opposing Jawyers, with accustomed pr fessional facility to talk at any length upon inconsiderate trite siderable time in a counter wrang 1 it was finally deeded by th adecided ja dayits on the ¢ amine their © » consumed con- sin not serving these aii- side, and, to glve time to ex- and prepare rejoladers if ne case ove ‘The case was crdered and will come up in tents the mater stands to be put on the June calenc regular order, with a probability of being reacked | Meantime we cive below all the | essential points of inierest embodied in these adal- | within a few a. Monal adidavits, Pirst in order comes AN@THER AFFIDAVIT BY DR ‘Tae Doct ci Bays that it tion bet a strugcie, "the its exoneratt don by he minority rey the manaye: He deni Carlton bas perm any of t's Dr ts to examine books and saya that access ha portion of them, named = in He ad on in October, | fled an answer tot for a trie, by bargea and was reasy end anxious relieved trom the suspei investijation end with ex on bis part, The act of te Lewis! ting bimseif and ir, Carlton was he B ons io the amount ¢ ve been ook Conc er that act, In January, for the appoiuiment method fn thority to eal acommitiee to ¢ Hook | ae passed providing Investicate the bu Coneirn and £ countan's Wountants and adjour. Belecied tree bookkee;el refused, | idavit, ave some he bas selected, need a desi nner such In: | right and 1 i examine said ho i Way; and the opposition | e Menhe taken to prevent it destrec to have | r do Task or intend to | from the custody of aad | make appifes- | esaion of eut Was axe mn a of the Book Concern, were, | r ® And in thfscoonection | voinime! said sea hat after my aj ank duris ther state ny ott Twoudt as assistant lis organization | ontest, which hevetolore | Y | shoul Th icipals in the contest, One of Mr, Court that there | the tere Thus | F, Pease, but says that ha { ion without an | | nies, also addressed the Convention on insuva ig, | the Commuttee on Taxation a Book Concern kept any account at | NEW YORK HERALD, Re taneeee, that accesate the books was denica f the Methodiet Book Concern mudile. aan ee to see what will come out of it, THE INSURANCE CONGRESS. eS anand The delegates to the Insurance Congress met later than usual yesterday morning, owing, doubt- less, io the labor of digesting the rrcherch¢ fare with which they were regaled at Deimonico’s on Wednesday night. The Convention was called to order at hali-past eleven o’ciock by President George W. Muller, Dr. ATKISON, Of Tennessee, moved that discussion be limited to five minutes hereafter, which was adopted. Mr. C. C. HINE, editor of the Insurance Monitor, by invitation addressed the Convention a8 fol- low: is the proper basis ful reinsurance reserves on fire and log term ? 1 ibtricacy in tH galewlktion of fire reeerven than in those of live, ‘The a ance isthe agreed cost of 1 ied in the Poucy, plus ex Mal clint Jon betw re ri I a t much to insure | year. Neverthel | charged for toras } the anual rate iy chared for | ever us because it is as mach | urisk and issue and audita b | five years: and, rer cont ay no | five Cay policy.” Retail phe than wholesale the world ove are accepie@l as fundame nts aod, If they are borne fo min | the Quesiton of sire Insurance | We muat assume, for tho pu ble and expense t poiley pon iz a8 one for jor & five year than for a higher on ihe same goods Dice vera. ‘These facts w fire insurance people, HN aimplizy tue solution of | of caloniating reserves, | Hat the rates of premiuy @ianged by the compan en aré | Adequate ra! These rates fary In difeyent local\iies, bes | Iny influenced by the constra of Whultings, the widia of streets, the eliclency of fire departments, the supply of Water, the eiate of trade, and too frequenty the vigor of com: | | petition amony those who seek the business. Thore havo | never beea any mortality tab.eg made up from the combined | expericace of lire companies. ‘The materials there.ore have | | not been deemed congrucum by those wilo kere classiiied | them, Inpoiat of fact oe Bpany may be chars that yleal a handsome pr it, bau another may ° p but there is no accepted andar, AD we ed to leave the questi@nof the ade ytacy | quacy of rates charged by paruigalar companies, for | of evenis to ai nd ““ésirme that tuey are correct | pu reserves | i Pemiame on unexpired riska he old New York rule | Y wats that | p Insurance thoughtwy gome that rt-risks on grain, cot Vt | sh | Wharves, vc z | house conirae iilve y | | fustane <imats acouracy 1d | } lation o id to be necessary. j ed prior to July LwonlManve, when reacaod where the reserves are cule ix Months to rt ei atter ti nt it is age average unexpired term of the pending an- ove-half the year, and heneg that ity par | premium’ fs the proper Hability Short term policies pending le, their average ina cur | lness being algo one-half, ptions to these rues are {ound In ‘new comp! one whose susiness is rapidly Ineveast } and ina compauy that has ceased ba expire, In the firs | Would be much more than ha: | Would be much less; and the amount nctnally required to re- | insure woud be very dierent fa the two ens Long term po.le'es, 1f the business were a settled one and had teen prueciod vy a company for tive yours or more With tolerable regularity, could be disposed of in the same way; but this business is’ one that has attracted more and more attention from the compsnies and has been steadliy 04 the ineroase ‘or a number of years, 80 that even in the g companies It woul | perhaps hot be correct to pat them apon the afty per ceut basis. should be grouped accordin, to the periods for waich they were issuod, and the dates o! thelr expirations and pro rufa caleulatious made upon them | accorsitty! ‘The result of catcuiations on the basis of fifty per cent has deen found by observation to be about torty per cent of the 1s received In w given year, and 5 aa the meayare of there nsuraoce fund, e however, that it includes in iis basis the pre- | us On Unexpired risks (short business done within the F we couclude shat the forty per cent is rather a coinel- c+ than a mathematical beais for cal f great value, be ad per c-nt of f ted general bas's ual the sium reached by such caleu- than forty per cent of the pre- Soineot the best mea tn v8 por cont. of the better companies keep genera which ail thetr business, local and ag by rom the y can tli whi @ach day in ¢ asinesa, for each dayin th | nearer howing, among. oth nga, eexpirations of each day. Ky a. ‘ly footings a result could be mathematical accuracy than by any. Dr. Lampent, President of one of the life compa- ce ng the subject of stocks, mortality In the insuring of lives'ond fx matiers, cover and valuations, matics should work the applicar would ie ‘ ce is likely to live and w vainaton. Dr. A ISON, of Tenne complinen ‘ee, Ofered the following, ry remarks;:— ei by auch | Jon most cord’ and deny all | id the life insu: ed by whereby a)! res dence und respect hi will be continved in th Mr. CALDWELL St mitted @ minority report from 8 aud Deposits. Tacy report— That any fre, toland or mari i 8 in any other State {should be taxed only is nd losses actually the opinion h net iecelpte, fn Ad- amended hy the major. recommend—would be am- dition to the aed whi should be n they are 6 Tavestigations «nl valuations by the by the States whore. | ibe taxed at ally aro of the loft entirely to the in Which com- agect | cIscovere, among other things, thal in the pareuases | panies are arganized, without recommendation. ‘rom. the ‘Of materials for the Concern w bonus progt or per. | Convention further than this, that when a depost of a yuwr- | €entuce thereon, which in my opivion belonged to and han #i0),00 may be required by sbouid enue ‘to the benoit’ of the Book Con- fate for the denctit of all polley holiere it is cern, went into private pockets, Samual J. Goodenough, | y and unnecessary to require further or additional de- tien’ the Superinicnicat of (be Printing Department, and | sin aay other Sate. i whos: duty ii was to make fterwards, suel me for 8! fhings, that I had eaid he nad defrauded the look Concern, and that euit is til: pending, In addrtion, therefore, to tracing and ascertaluing what minounts hay from tie Kook Concern in the mauner aforessid, and who ‘Was responsible to the Book Concern therefor, I desire to | how what conne the ead enough tb rach trarssetions, of any of them nian inspection of ‘galt Dooks and vouchers as necessary to euable me properly to prepare and prove my defence In Fai #ult. APEADAVIT OF WILLUAM A. KISBAM. ant to superna before exes duly appointes of takiog an’ reportla Qlssam. in the matier as Carton ok Concern, and veme CaLsrt, being Wiiliam A, Kissam appearing pu Yne, Joseph L. Bosworth, Jr, « 1 pllzpose witha fs teh Jobo Le ve. Th or of the Methodist B pending in said sworm, sali h—I was cashier of th ar ma its organization 10 1658 to fist of Janu I_koew Thomas Carlton. During the most or al) mas Carton was, a8 L andersiand, one of the ra in the city of New York. the Eupreme Court for the athe testimony of the sald the People {this time T. cents of the M A Mr. Phill Dr. Por In_or about oe an and Leather er. opened wirn the § a and Phililps Cariton and yrter, TL always wo. the Methodiat Roant kept ont retullect @ count wae , . Ido not know bat Tomas { in acy other account lees a *, of whiten T cannot | oak } The < avowed Thomas Carlton, pamurer, | t ) bts average balances, Thosg s were ’ A Tne rate of Interest allow ° peafive. This | nilerest Was pad the on'er 0: fr, Cation, Trese ntere,! frat fo the cre tit of t paid word be «be entered Shoe and eetion with It, wer of paying where iarge balances were kept, APVIDAVIT OF RICHALD J, VANDEREUR Richard J. Vanderburgh, being duly swor: pays Iam nccunplant by profespion and reside in the ci New York, In the early part of the autumn of 186: 1 w juested by Mr, Langdon, Oue of the bookkeepers in the ational and Leather Bank, to nasiet him in writing up Is accounts. 1 went there and arsinted Mr. Langdon th alancing the ledger and became fatnivar with the cifereut Ifonnd an acoonnt there headed “T, Carl coo. te fon Treasurer.” Ht wasn large account, with large balances, Spparentiy from (me to time to fty credit. From time to Mme there were certain. ems transferred from Ahat account to a apecial account in the back Of the ledger, called “T. Carlton, special account.” from hie fpecial aceoust loans to a large amount aj 4 to have been made from time to time, T was Ip i that interest wae allowed on chat special account. J wae eusployed at eal! bank in the afteragons for «bout one month. Duriog time one of these loans was refunded Gnd Mnierest pais, which Interest was © Oo at the time, t Cariton, private. aeounnt. menrked that for a Mr. ‘Carson's position It jook hovest that fnterest, J Uhink te ort ni at that ti foment Ms tb whieh t weed vo, aod | had k ¥ ioavy yout hot ki Whether this w Oey Treasurer,” ¥ Movuye below chy Book ¢ rn, or wuether it was of Amayly OuEUD archasea tor euch department | ler, @legdag, winong other | mend the adoption of the been withheld | | siting in another State, riog @ portion of this time, | a.terwards this ac. | 0 . Your committee woult further report back and recom. following reaviation ofered by | | Mr, Harvey on the tht the session, to wit: Resolved, That in the practice of divi ling emong ite policy holderaa muta! Ife Inenrance company should take into consid: ration (be taxes levied pon premiums sy State fu which ib# policy holder resides, and that no ceduetion for | tex expenses should be made from a dividend to # policy j holder resiaing ma State which does not charge the com- pany with atax upon its premium reealpls; or, in other words, | Watno poruon of the taxes levied upon preimttrea in one State shoul ba charged to or imposed upon tue policy holders re- tion of taxation was laid upon . Mr, f S All deposits, ettner jue Coinpanies. Mr. Miller advocated de: posits by life companies, and moved that that por- | uon Gf the report of the majority committee relat | Log to deposits be adopted, A coi waa to tane if | Miller's “movioh was lost 6n a division. Mr, Caldwell deciared that the matter of deposits by companies tn States was one that should be left tO each State, aud moved to substitute the mimority | for the majority report 0 far as reiates to deposits, | which was lost. Mr. Skeels moved taat tie sam of $200,000 be inserted in the majority report instead of $.0),000, Mr. Noyes thought the increase would cripple new companies wr shing to orvanice young Slates, and produce a rete latory canoe, mendment of Mr. Skeels wis lost, Mt. Skecls flove young a Convention unanimously majority on the subject of deposits inends that no t whict incorporated, the deposit of ave ia Winch they ae no deposit from American fire ympanies, but at leas $209,000 by ) ana marine | foreiga companies m the State wh re ils principal omce Is located. That portion of the majority report relating to fees Was laid on the table for the present. Bir, Harvey's | resolution attacled to (he minortly report given above Was uvauimousiy ad 1. Resotutions | olfered by Mr. Caldwell, as foilows, were tabled:— esoived, Thet while the aduminisirtion of State Insur- aineadaole to tuo jutt eritjciee of the pubit eer o State Indurance Department owes it whose { he Is ap. pirit of Ine or oleiation by those who if sadivielas the pub! ohn ) men! | Resor pabil of base and | | malic artial adinwistra- | tion f the insurance Thy Resvire this ‘ouvention appro # of companies as a ne out the theory ot Btate supervision, na. esarminat method of carry. | PLENTY oF STRAWBERKIES.—A Wilmington (Del) | | paper sags:—Monday was @ big day for strawvercy shipments, the qaanuty receive! oi the Deiaware | Rati Or salpmcut northward being the largest ever sipped in a single day. There came over that road eighteen cars for New York and eignt to i hula Gvipiua, twenty Six In aul, aad as each car averages /quars the shipments frow the Peninsula y terday amouuted to the evormons azgregate of | 205,40) otarts. 8 these there Were six car loads £ for New York, maxing 45.009 | miwog @ fotal aggiegae Of 4,000 ightag 260 tons; and we do nut be ebaveyot reacked tke Legit of the season, | G3 be was about turning away from Cedar siveet the | Collecto: | placed them | different directi | patucular time and place and just at that point to hand in nis pocket, presto! ithad town, Searceiy | had he made this discovery whea he was TAPPED ON TAR SHOULDER PROM DEMIND, | to double quick time. | trust that ibe | heard that | inated. THE MULCTED MESSENGER. The Mechanics’ Bank Collector Roived in Broadway Yesterday. Watch:d by Three Rowdies on His Round, Jos- tled and Eased of the Bank Wallet Contain- ing $3,800—The Money All Lost—Acci- dental Arrest of One of the Thieves by Two Richmond County Officers. One of the most daring and successful street rob- beries ever perpetrated in this cily was accom- plished on Broadway yesterday afternoon. Bartholomew Leeds, a messenger attached to the Mechanics’ Kank, was despatched shortly after noon yesterday on a tour ef collection, having in his wallet checks to the amount of $3,305 43, for which be was to coliect the cash from the various banks in the city on which they were drawn, He placed the wallet in an inside coat pocket, and was proceeding with his collection, when an inetdent occurred to rendex further travel unnecessary. It appeurs that from the time he left the Mechantcs’ Bank in Wall | sirect three very respectable looking rowdies fol- lowed him, WATCHING HIM FROM HOUSE TO HOUSE, | doaging him at every turn and keeping track of bis | every movement. Their manifest object was to rob him shonid the least opportunity occur. By two oelock be had coliectet cash to the amount of | $2,960. The tast call he made was atthe Chatham Bank, corner of Cedar street and Broadway. He Was so intent on nis business that, though these Tuflans who had foliowed him now aliuost con- fronted him, he did not observe them untll they made a regular, well-planned onsiaught on him, Just Tobve , concluding that by this time he must have SUF FICIENT TO PAY THEM FOR AN ATTACK, ves Mm his way and hustied him in altogether by suce | acd when they were walking away, he , he was amazed, ang wondered they should have met to jostle him jusi at that wi, diverge at rhrec opposite petnts, He was aot long in being mformed, for at that Instant a though as to his Wallet crossed. lls mind, and on puctiug Ns and oa turning round observed one of tie parties Who liad so uiceremoniously jostled him in the cu tody Ol two oMoers, Here was anotier surprise { hha. The tact , two officers belonging to the Richmond county foree were in the city trom Staten | lows that the recove: Isiand, and happened to be crossing broadw near Cedar, just at tie time these men jostled the w Suspecting by the systematic manuer in which it was done that the rowdies hai soine spe- cial object in view they Immediately started aiter oue ot them, named Jolin W, Howard, The later saw | them making for him and Av ONCE 100K ‘SHANKS’ PONY” This seemed to corroborate icions of the they ran after nt him round several biooks hetore ihey rtake him, ‘They arrested him eventually mM back bo the viet, who was mM as great a diiemma as coula be conceived, for he had not only losthis wallet but he had not the least idea Where to look for it, Wnen the odicers brougnt their prisoner to the oii Mag —he 18 probanly nearly fifty years of age—ne recognized him tp an iin as One Of those Who had jostled him, The p er was then lianded over to an oficer of the municipal force aud @ searen instantly mstituted or the other two, Who, it was discovered, had"gone CLEAR GFF WICH TE 3GRETLOOK, the sus) containing in cash and a check on the Nas: Bank for $470; aiso one on the Marine Bank for $179, These later coula not be found, Hence the total | aimount. $4,505, may be given up for lost, the | tneves are generous enough to return the checks. The prisoner, who denied ail knowledge of the ai fair, Was taken before Judge Hogan. at the Tom: and held for oxaninstion to-morrow (Saturday) mormng. Ti was Very littie dificulty attending the robbery; tor the messenger was both too old and too weak to resist them had he been inclined so to do or aware of ‘he intended attack, and there was HO chain attached to the wallet to insure tis safet All the thieves had to do was co watch their oppo tunity und quietly reiteve the old man of the mone, OUR MERCHANT MARINE. The Hamilton Fist—An Old amo Disenrded and a New One Adopted. Yesterday the packet snips James Foster, Jr., Great Western and the Wiliam F. Storer were decerated in their brightest colored bunung in | honor of an event which will jong be signalized In the Black Pall line of Liverpool and New York | packet ships @% an epoch of happy memory. The ‘asion was the rechristening of the Wiliam F. Storer—the changing of the appellation of that | vessel to the Hamilton Fish. At about half-past two o’c'ock & large party of Invited guests assemvpied on board the Fish, where they were received by Cap- | tam James Bryant, who has sailed under tae colors of said hne since 1589, and, being the senior captain, is designated as tae Commodore, Among those present were Charles H, Marshal, Jr., orge W. Blunt, Charles M. Lamson, Jarvis Kil- patrick, Mr. Morris, Willtam Alien Butler, G. Cunard Allen, Captain Canninguam, of tho ship James Foster, Jr.; Captains Hardy and Lewis and Nr, Luther & Wyman, theiatter gentieman being a well known merchant of forty years’ standing in New York, The Vessel jay at pier No. 24, and a piece of ordnance on the wharf diecharged 100 shots mn honor of the event. An e@iegaut wunciicoh was pre- pared for the entertainment of the guests on board | tion of Mr a. the packe Mr. Charies fi, Marshall opened the proceedings | will & few introductory remarks, stacing that the | line had been siarted in isi7, and was, therefore, the first ween New York and Liverpool, ana was the regniar line between the Old and the Sew Worlds until superseded by steamships, within the last fi teen years, The following letter from Secretary Fish was then read by Mr. Marslall:— DEPARTMENT OF STATE, Wasutvatox, May 80, 1s! MARSHALL & UO, ew York:— nowiedge your very kind letter great pleasure to be present giviog of my name to the tine vessel which ron prop nor me by calling after me, but tm; Oficial dues wil detain me here fora few days longer, ) May for long years prove @ successful messenger in tue paths of peaceful commerce ; and that as of- ten as she bears the pi g Of our country to distant shores may bring back ivo# to ber enterprising wad gen- owners. my thanks forthe honor Mr. BLUST being called upon to respond said that be did net _come prepared to make a speech on this occasion; yet he Was proad to say tnat he had been @ frien of Mr. Fish for the last forty years, He was the only man who had been abie to bring about a reconcisation between this country and Great Britain, After telling a story in regard to the war of isi2 he sard;—"T cheerfully respond to the toast Of ‘ilauillton Fish; may he live 1ong enough to send another set of colors to the siip Hamtiton Fish’? ‘Liree hearty cheers were then givea by the guests for Dr, Fi Mr. Pence then proposed the heaith of Captain Bryant, or the Haimilron Fish, and remarked that Wien otner shipowners were fying the fags of otner countries and claimlug thelr protection the oWaers Of tis tine kept the American Bag foatiug, Saylug What they Would sooner see thelr is sink at ihe docks than hoist the fags of other countrics. Captain Bryant respouded to the toast in afew appropriate remarks, saying that he was giad to pect them. he then made & short statement of the iilsforianes of the vessel. Alter purchasing her and spending $75,000 on ber the owners sent Liverpool and Tound that she bad been udemned there, Sho brought over a cargo, and $190,040 more Was € in re In eighteen or twenty 1 to be expended on 2 Was In good repair, and he had no Jmake many succersiul taps between Europ ied npon Captain Canningham, Capiain Bryant dr, to testy as io her of ihe abtp James Fi being seawort ye Ingham stated that he had sailed the vessel, and had foana her seas snsideredt her oue of tie t He line, and Was greatly pleased when ie ve Was 10 be cailed tie Hamiiton Fisi. With afew Surthey remarks Ue ceremontes tere veasels of THE NEW STATE CAPITOL AND MASONAY, To THE EpivoR oy THE HERALD: Sin—I was very much surprised to read in your | ® paper an announceient that the Commissioners of the New State Capitol have tnvited Mr. Anthon, Grand Master of the Masons of the State, tolay the corner stone according .o Masonic ceremonies. This is remarkable, certatnly. What right have the Comtatasioners to bake an aifair of State an affair of Masonry’ There are thousands of our people Who do nol belicve ta Masonry; nay, more, tiey consider It en irely wrong lu principle and practice. ‘The feelings of such suould be respected. IMPARTIAL, Tun COLLEGE Reoarrsa.—Amhierst wil probably send no university crow to tle regatta at Ingiest wad It is dowoUul if any crew from thas place yates, av the Agricalinral College mon say they uot pull alone agaiust Harvard, The browa wh por | of his University yen aro actively traiaing, however, avd | the (arvard crew lave beguu takiag their meals to- welhes, FRIDAY, JUNE: 2, 1871.-WITH SUPPLEMENT. THE COURTS. UNITED STATES DISTRICT COURT. Judgments of United States Courts for Moneys Payable—Important Declsivm In the Matter of the Petition of ©. F, Bowning & Co., Morigagees, vs. The Surplus and Remnants of the Ship Ea'th, Inthe Matter of the Same va, The Surplus and Remnants of the Ship Polar Star,—In the above suit Judge Biatchford has rendered a de- cision, a8 subjoined, which affects an important question regarding the relative value of gold coin in this country and in England, THR DECISION. The viaim of the morighgees yn each of these cases is evidenced by a mortsaye of the vessel to secure the payment of a promissory note dated New York, June 15, 1369, whe:eby Charies Carow, tue mort Feeor. promises twelve months after date to pay to is own order “one thousand pounds sterling, lawful money of Great ape? at the Merchants’ National Bank, in the city of New York, with interest at seven v cent, payable gemi-anoually.” It is agreed by the parties that tné sum of £1,000 sterling, lawful money of Great Britain, is now worth New York $4,500 in the gold coln ot the United States, being at the rate of $4 85in the gold coin of the United States to the ound sterling of such lawful money of Great ritain. Ihave no doubt that it was the intention Of the parties to the notes and mortgages that the sums of money thereby agreed and secured to be paid should solvable only in gold cota; that such were their contracts, and that such contracts are adequately expressed to that end in such instrus ments executed at the time. Such contracts are as Jawful when made since the passage of the Legal Tender act by Congress as they were when made before, and must bo carried out according to their purport and intent. As a decree by a@ court ol the United States for the payment of money can be made only for the payment of so many doliars of some species of money that 1s made Law. Tui money by a statute of the United States, tt fol- ‘y In theye matters must be 80 many dollars m goid and silver coin, lawful money of the United Stntes, as an equivalent to the | numober of pounds steriing Jawfal money of Great Britain, expressed m the notes and morigages, with the gre interest added at the rate of conversion before stated. If the surplus and Moneys in court consist of money that 13 less 1 value than gold or silver coin of the United S:ates of an equal denomination, s0 much of such money must be applied to tae satisfaction of the re- covery a8 Wil purchase the amount of gold and silver coin of the United States for which the ree covery is had. These conclusions neceasarily follow | from the decision in the case of Bronson vs. Rodes 7 Wallace, 2: Butler vs. Howitz ({4,, 258) and ‘orves V8 Murray, in this court, November, 135: F, F. Maroury for the petitioners; Jonn Sedg- wick for the mortgagor, The Erie Rattway War. The reference relating to the, Heath and Rapbaei Erie Railway stock, which had been fixed for yes- terday at one o'clock, before Mr. Kenneth G@. White, the Master, was again adjourned tor aweek, It Would seem as if the fry of this great ratiway bat- tle is nearly all spent, and that an armistice and a treaty ol peace for the future will soon be agreed upou. Who pays the piper remains to be seen, UMTED STATES COMMISSIDNEAS’ COYAT. Charge of Simuguling. Before Comiuissioner Shicids, The Cnited States vs. Gorge Beanan.—The de- fendant, who 1s quartermaster of the steamer Sara- toga, was held yesterday 1u $1,000 bail to awatt tne action of the Grand Jury, on a charge of having smuggled into this city a quantity of unstamped Diug tobacco, COUAT OF CYEA AND TEAMNER A Copfidence Operator sent to State Prison. Before Judge Cartozo. Tho case of Jonn Thomas and George English, the full particulars of which have already been pub- lished, was first on the calendar, It will be rem- embered that they were charged with perpetrating an old confidence game on James Stevens, victim~- izing Dim out of fifty pounds, ashe was on the point—anout a week ago—of leaving for Europe, ‘Thomas met Stevens on pler 45 North river, and learning ihe .atter was about to goto Europe said | he was also going there, and invited him to join him | in a friewd!y driak, aving taken this drink they returned to the dock, where they met English, asis | alleged, who, in the usual off-hand, bustness way, asked if the horses Were on board, Thomas replied that they were. English then presented’ pill to Thomas and demanded immediate pay- ment, yas had nothing less than an $1,509 ehick, which was bogus, of course, and Purporting to be drawn on the First Natlonat Bank of Buialo by Minion, Muir & Co., of Liverpool. lish could not change the cueck and Thomas asked Stevens if be womld not accommodate tum with the amount, and thereupon vens handed over flity English sovereigns and dir-cuy he and English leit. Suddeniy tao idea flashed upon Stevens that this might be a uttie game of swindling, and le at once procured their arre Such was the complainant's story, Thomas ple: Court promptiy sentenced him tive years to Stace Prison, On dehali of Engiish was submitted an amaa stating that he couid prove an alibi by two Withesses HOW In O10, wud asking a postponement f his trial til their testimony could be procured, he postponement Was granted and_ the case or- red for trial at the Court of General Session Tho Broudway Widening. Judge Cardozo yesterday apyointed Mr. Wiliam FE. Dodge Commissioner for witcalng upper Broad- Way, to Sli the vacaaey occasioned by Me resigua- stewart. a SUPREME COYAT: Decisions. By Juage Ingraham, Atkins v3, Howland.—Motion granted. Van Allens, Van Allen,—Report confirmed, Kine et al. vs. Favret a al, Order granted. By Judge Cardo: Inve Broadvay.—My. A. VT. Stewart having re- signed as commissioner im this matter, William bk, Dodge of the Board of Commerce is hereby appointed tu his place. SUPERIUA COURT—3PECAL TERR. Decisions. By Judge McCann. Bertine vs, Jackson,.—Order granted. Ryan vs The Hudson River Raiivoad vormpany.— Same. clark BERS. Brinington,—Same. Charles Schneider vs, A. A, Foetke et al.—Same, Blake vs, The Western Union Telegraph Con- pany.—Same, Janes W. Smith vs, Jaco) Ducharde,—Same, Flix Neil vs, Slephin Whitchouse,—Same, Witham R. Chambers John W. Duraid.—Mo- tion denied, with ton dollars costs. Alberi Stickney clal vs, Stephen Sherlock.—Same, Marsiand vs. Byvon.—Order granted, By Jwige Jones, James FP. Morgan et al. vs. Peter Hart.—Motion granted and order signed, ae a. Fiecher vs. Bdward Bishop.—Motion de+ nied, MON PLEAS—SPECIAL TEAM. Decisions. By Judge Joseph F, Daly. Cay'n3 vs, The Fail River Iron Works.—Vommis- on may issve to Mra, Tillinghast, of Providence, KT Angevine ve, Saiford, ct.—Motion granted. verk eta. vs. Green. —Mouon dented in the mate terof the assignment of Robert I. Taylor; motion for stlachment denied without costs, MARINE COURT—PART 2. Decisions. By Judge Curtis, Greevjeid vs, Fargo, President of the Merchants’ Union Express Company.—dSudgment for defendant. Kaufman vs Judgment for defendant. Morantine Judgment for defenday George +t a es Conmay et Am-Judgment for | plauntiit, MARINE COURT—PART 3. . Decisions. By Judge Gross. Peyser ct al. vs PoUVOcK.—Motion to Vacate at. tachment denied, with Dve dollars costs to platntiit. Leovold ve. Stranss.—The motion to set aside dew fanit is granted upon certain condtions, See memorandam with clerk. 7 ney be PALES Judgment for plaintiff for 20 and costa, With twenty-five dollars ailow- ‘McDonald va, Chickhaus.—Trtal by Court, Dee elon reserved. boy a 8 McKay v8, Daniel Grisetle.—Trial by Court, and complaint dismissed, with ten dollars costs to defendant SuaROGATE’S_COUAT. Tho Bonard Will Cas Before Surrogate Hatching The examination in the Bonsrd will case was get down for yesterday before Surrogate MHuotenings, At the appointed hour Professor Bergh and several friends were in court, The counsel for the French hoirs of Louls Booard and the executors of J ast will Were also present, When tue case was calied ‘Mi, Joun G, Royd, counsel for the executors, sold De Waa ready to preceed; bul, in tie puseNce Ol Sit, Hed guilty and the | preted 'T. Gerry, he should like to have the ex- Sit ltl "adanat oansang te cap was ad Journed till the 16th. sii COURT OF SPECIAL SESSIONS. Bowery Bummers Hoxed—Tho Latest ‘“De- vice?” Unmasked~The Eest Side Gaog of Watch Swindlers Broken Up=Trial and Sentence in the Special sessions Te-Day— Another Unfortunate Kelly. Before Judge Dowling. A calendar containing forty casee was handed to the Judge for aisposition yesterday, and, despite the short time le now has before him fer preparing for his journey, and the number of visitors who dally crowd lis residence, he gave his attention to his oMlclal duties with the same savoir faire and delihe- ration as usual, rendering unto the criminal Cesars their merited rewards, It was somewhat paloful to observe the numbers of youths who were arraigned for petit larceny—the principat number for stealing small sums of money. The majority of these were the offspring of Cathoiic parents, and, by reason of their tender years, sent to the Catholic Reformatory, while the remainder were committed to that exce!- lent institution, the House of Refuge, until they are twenty-one years of age. THE COIN AND WATCH SWINDLERS, The first case of importance was that of Thomas J. Keily, of 413 Third avenue, against Adam Winter, @ man who has made himself noturious in the Bowery from one end to the other, as a “trick and device man.” His general method of carrying on business was to obtain the assistance of three or four other rogues and go into a store or saloon, hay- ing a few pieces of old silver coin and a watch, which was alieged to be gold, One of the party would tuen ask for some irifling article, as though he weve quite a stranger and had nothing to do with the gang, but before the article could be purchased a discussion, previously arranged, wonld be enierea into, and the watch be brougit to light, A high value was generally placed upon this false timepiece by the man who produced it, but as he was “quite a stranger in the cily and very hard up,” he appeated to Winter—who had previously loaned it to bim--to purchase Lt for thirty or thirty-five dollars, Winter Wonld oxanune it with all the acumen ot a dealer in second-hand jewelry, and wsuaily conclude to pur- chase it ab some jew dollars less than the amount demanded, To give tie matter an alr Of business, a contest OF THE WORST ISRAELITISH OMARACTER, Would be undertaken by the man possessing the Watcit before he could consent to the reduction, and given (hat were It not for his extreme poverty and scarcity of friends he would aot dispose of it for double the amount asked, Viaally Wiarer would produce about one-tourtn of the amount asked im counterfeit greenbacks and a few pieces of silyer, but as he had not euvagh, be sought a loan of twenty dollars irom the keeper of the saloon, or wherever they might be, and premise Lo leave the ; Watch—worti about a dollar—aud the pieces of silver, of uo practical vaiue, as a security for the moncy. Usually they succeeded in guiling their “man,” and would depart without any intention of returning, leaving the “man” witi fs worthless Watch and useiess com to rave over the manner in which he had been duped, iu the present tastance Winter entered Kelly's sa100n auu introduced a man who purgorted to be a Frenchman, as- the owner of the watch, having taken due care to pave the way by ordering drinks previously. Kelly was guiled Imo tne belief that ‘When they ASKED HIM TO LOAN THEM FIFTEEN DOLLARS to complete ihe purcliase it was a genuine transac- tiou, and he gave them all he had in tua cash box. AS soon as they received tne moncy three of the tour deparced, Winter in this case remaining behind for a few minutes until Oue of the otiers sould re- turn with the noney to repay the loan and take up the watch, which was considered a great bargaia. Kelly waited, and Winter sauntered up and down |} in front of the bar watching an opportunity to | “git? but somehow, after waiting an hour, Kelly arrived at the Conclusion these were the gang oi swindiers of winch so mtich had been aeard in the sowery, and oe sent for an officer and sent Winter ip his custody to the Seventeenth precinct station house. He denied bis gut, but ail placed the onus of the aftair on . THE URAD OF THE MUSHROOM PRENCHMAN, &@ course he thought he was perfectly sale in adopt- | Ing, as te considered his trients were beyond reach. Keliy’s description of tae Frenchman, however, led to his speedy arrest by a detective, bat he turned the tables on Winter im such a way tiat Jastice Scott discharged hima and sull held tag present de- fondant. Jonn Morrell, a comical, but evtl-looking specimen. of the Teuion, endeavored to prove au excellent character for Winter, and deciared many persons said he Was a “good man.’? Jucdge-—Who did you ever hear speaking of him? Witness--Nobody yud speak ov me, | ~dudge—No, no; of Winter? Witness—On, zum great many beoples, Juige—We.l, how many ? Wituess—Zum cappie of mens. Ah! [ speak my- Neisstick, a still more o:ious lager beer swore tat he had Kuown the prisoner for | years | Judge —Who did yon ever hear speaking Caspar—He | dree dors ‘rom me, a 1 you answer the question ? Caspar—yes. I Know hun more as five years, He's good, IT teil you, Judge—i repeat the question. hear say anythiog in his fevor? bad of him, igé—Who speaks well of him? Can youanswer | that, or musi [send you below for consideration ? Caspar—Vell, 1 vud spees vell to him myself. Dat’s vat's zee matter bs. | ‘Theodore Miller, a respectable ' alieged that ue knew the prisouer to bs cost, and | handed several pieces of battered silver coin over tue beven for the magistrate’s Inspection which had been left with hum by the prisoner as a security for money. He said he not only Knew the prisoner, but he was also aware tat Caspar kept a tiouse where | ALL THESK ROGUES DAILY CONGREGATED before the police began to hunt them down, and It Was no matter Of amazement to him that the latter had deiermmediy misuuderstood the questions put 0 him. The counsel (Price) averred it was not an offence 1f @ person promised to folfll a coutract at any future time, and he believed it Was not enlysound | | Jaw but sound logic aiso that such cases could not be deemed breaches of any siatute. Judge Powling—That is doubtless trae with re- = to promissory notes and checks dated ahead; but you will remember this ts an offence coming under the head of “trick and device,” for the pun- ishment of which i think you will agree with me there is ample statutory power. I find tue prisoner tity, and, though it may seem somewhat para- ical, Ishali give Winter swimmer quarters by sending him to the isiand for six calendar months, The remaining cases were dtsposed of and the court adjourned at tweive o'clock. COURT CALENDARS—THIS DAY. SUPREME CocrtT—CHAMBERS—Held by Judge In- graiam,—Nos, 48, 92, 177, 187, 1! MARINE CouRT—TRIAL TeRM—Part 1—Held by of him? Who did you ever looking man Judge Shea.—! 289, 6007, 6068. Part 3—Held by Judge Gross,—Noe. 6054, 6539, and Dollner ys. lsaac- sel, COURT CF APPEALS CALEKDAR. ALBANY, June 1, 1871, The following is the Court of Appeals calendar for June 2:—Nos. 256, 272, 292, 268, 275, 279, 14%, 208, THE JEFF DAVIS FLURRY, A Southern Woman Speaks Her Mind About the Ex-R: bel Prestdoat. To THe Eprrok or THE HERAL Tam a Southern woman, Ihave not much learn. ing, but | think I have some common sense, 1 want to teil you not to mind that old man, Jefferson Davis. He 1s disappointed, He has lost all his mouey and has made none, The reason he did not make terms at a certain time was because he was afraid of bis life. He thought we would murder him. But I for one would have believed he was honest then, although I knew what a story teller he wag tn heart. Ithink, however, that the poor scamp Was about that time so bewilderea that he did not know what to do, and if he did he was afraid to do it, You need not, Mr, Editor, mind about those ladies shaking hands with nim. o doubt litte exensable vanity lad foime- Ung to do with It. Old Jeit may talk until he gets fat, yet true politicians will not listen to bim. He 1s not a great man, and | have been moved to say something on that point for along time, but was airaid to do so because 1am a woman, but I can- Not resist the present occasion to say a few words, Jett should goto work planting potatoes and corn with bis own hands, for he has been the cause of deltcate females doing 80. 1am not takmg the part of the Yankees. N indeed! I am a true woman of the South, and Would give & piece of advice to both parties—act as Christians; “Do unto others as you would wish others do unto you,” When we were fighting I said, “Fight hard,” Bat now it is over, and the North know us to be & great and brave people, let us rest on tie renown We have won and trust In God. A TRUS SOUTHERN WOMAN, Ovr NATIONAL SICKNESS.—The sickness of Schuy- ler Colfax was, according to & Washington paper, the disease that may almost be called nauol one—a stroke of paralysis, extel to head and heart. This is the disease impending over all of our s mivable jovkiug weapon. Proceedings Under tho Extradi> tion Treaty with England, EXAMINATION OF THE PRISONERS, INTERESLING PROCEEDINGS, ‘the mandate authorizing the examination o1 the prisoners who are charged with mutiny on board the Britisn ship Manitoba and attempting to kill A, R. Durkee, the captain, and Hiram McKinnon, the mate, having arrivod from the State Department as Washington, the inquiry was opened yesterday ve. fore Commissioner Kenneth G, White, that branch of the case which had been pending vefore Commis. sioner Shields having been merged in the present investigation, The prisoners, Shea, Wood, Fitzpatrick, Carr, the two Walshes, Montrivell, the steward, and another, Were provided with seats inthe box set apart for jurors. 1t ts understood that Fitzpatrick, one of the accused, claims to be an American citizen, and that he fought for the Unmon dari the late war. If this bo so it will avi -him nothing if the charge now preferred sould be brought home to him. He had signed shipping articles on voard an English vessel, and, assuming that he committed the crime imputed to him, he ‘was, to all iutents and purposes, oa British soil and under the British flag, and, therefore, amenable to the laws of England, But it vemains to be seem Whether he or aay of the Mher satlors accused are guilty or not. It is for tae Commissioner to say Whether there 18 probable cause that they come mitred tie offence as charged, As thia 13 an extradition case the government of Great Britain, which makes the demand upon the United States for tie rendition of the accused, waa represeated by its couasel, Mr. F. F. Marbury, assisted by Mr. Beebe; Messrs. Field, Russell and Otterbourg appeared tor Lue defence, Mr, E. M, Archibaid, the British Consul, was alsé in attendance. s CAPTAIN'S STORY, Alfred R. Durkee, tho captain, was sworn, He Was examined by Judge Beebe, He testified that some trouble broke out among lis men on the Ist of May, while the brig was on its way from Cardif tw this port; he went aniong the mea and found thas they had recused to work; wiiness mquired the reas son, When they said they Wouid work if he gave them “watch and watech’’—a nautical term, siguify- ing that they required regular hours of duty; the captain thea told them tha) they had mutinied, and that lis only remedy wus to put taem in irons; went to Tile cao aud brought hts revolver; on revuroing tu tie deck he sald to the men, “Lt you do not work Twi put you ia irons,’ cae of the men, Jeremiaa Fitapauick, eid out bis arms and sald, “aiere, put me in irous;” the other mea then rushed on witness, aud witn dropped the trons and let go of Fitzpatiiek, and thea put als hands 1a lis pocket for his revoiver; 1 te hurry of the mument the revolver Went olf accidentally; the men then grappled with nim, and he held his revole ver above bis liad; he trea a second shot, and ‘Thoias Shea caught win with ove hand by tho throat add tujthe oiier he held a mariinepin; witness fired at Shea, but tue shot had-no eect; previous to Uhis Shea had already struck itm two or three times; the men thea wrenched the pistol from wite ness, and he selzed a belaying pin to defend himselt; «wing the struggie witness received several severe Wounds and vied profusely. The wit ness produced Lie maria spise. It is quile a fore He went on to state thas Shea had the tin ead in his mand, and having Struck the captain two or Uiree times with this mar linespike the latter fired the second shot at hia. Ag he fired sometiung struck hin on the urm—he didn’t Know What it was—and the revolver few from his hand, About three or four of the men rushing on him, be weut back against (he haudrail 01 the ves- sel, and he pulled # belaytng pin out of the rail. he Uhis time he was nearly bituded with blood wie! came from the wounds on lis head, which were iven by We Marhmespike and belaying plas woich he men had in their haids, The velaying pips were Thade to fit an inch aad a quarter hole, with a tuck shoulder on then. ‘Luea he felt that ne was losing his senses. Tue captata exuibited to tke Court tag several Wounds wich he received oa his head, and also described the nature of tie wountls inflict. ed on McKinnon, the mate. McKinnon had to be assisied out Of his berth, und was nob able to do any duty; before that noe had been @ man in good heaith, never a day sick; of all thé crew, mnen before tue niast, Tiere Was Only one now engaged tn this air; he Was at the wheel; wheo E had the pistol and the trons t called Montrivell to go forward to assist ine; he went forward with mez atter he got for “Liao net Kuow taat he did any- Tung; le did not there render ie aly assistanca; when I gotaft he was ait; be dil nothing to ass! me that 1 know of, Q. What did you say next day that has any con- nection with tis case? A. L told tie men from day to day to do things, aud they did; if taey did not do Wi did not mind it Q. Did you seek alter that to exerclse any control over the men’ A. ft had charge altogetner; the second mate was a yan that tcould got depend upon; the men carried thelr pout; they had heir Watches, fs tiey demanded, aua 1 subimitved to it; the second mate was an old man, and piysieall Was not able to do much work; [do norinean to Bay that he was mixed up in the row; when I wens forward f said to tae Men, as weil a3 TL reiomber now, “Mien, You have got the best of me, aad | subs mit to you; the watcu go below; In place of stay lug to do the afternvon work the watch went below; T arrived tu Uns port on the 20cn day of May, Cross-examined—W iliam ‘te is the second mate, the person whom f spoke Of as beng not able to work; when I spoxe of the first mate (meant Hiram XeKinnon, who joined the ship ay year aga, when the ship Was liwached; he signed articles (a. ticles pretuced); McKinnon 1s described in the ar- ticles a boatswain and Leslie as Orse mate; fact might ye been Known to the men; ap to th 1st of May had hi Nalut against the mate and secoud mate; wien L was cailed th Was a singing out for the captain; the men wanter Watch and watch: the men did not compiain of over work; thoy wanted watch and watch; they com- planes that they had not had watch and watchs hey did compiain that McKinnon haa overs worked them; the afternoon watch belongs to the it is at his option to let the men go below or not; if the captain work to be done tiey must remain on it—that is trom one to six o’clock; 1 never knew this to be otherwise than optional with captains om board English vessels; L intimated to the men that they should Work Wien there was a chance; I fof handcuffs and a loaded pistol; 1 asked McKinnon he nad anything to defend himself with; he sald ne 1 did not see the steel knackles on hun after alg Unis pistol was discharged twice; it was accitental discharged first; 1 auned the pistol at Shea; I hear it took effect on his torchead; did not sce biood upon him; he wentto the wheel after this; he sald he had got a shot in hie head, and satd he ha t paid out for this; at the time I fl bat shot he had hold of me with one hand aod he hold @ marlmespike inthe other; f do not know where Lesile was during this row; ne tells me that he was forward and saw all this dificul y; 1 erdered the men after the [st of May to do work they aid not do it as seamen generally (to; af. + 186 of May I spoke tothe mien aud t,caced them ag would a child, so as to get along with them; I dis not dress Shea’s wound; I noticed at the time that @ handkerchlef was tied around his forchead; at the time I fired the shot at Shea 1 had veen siruck two or three umes. Re-direct—When the men made the rush I sal “Keep back, or I will shoot; I could not gay U the irons were on Fitzpatrick at the time tle mem made the rust; alter this [did not give any ord that I thought would be disoLeyed by the men; we dit @ little work, such bat peer alo.t, but i was done in watch time; the rigging Was slack, as it al- Ways 1s slack on board a new ship, aad It is slack now; it Was not sev up. ‘Lo the Commissioncr—I did not ask them to set Ib up. TRSTIMONY OF THE MATE. Hiram McKinnon, sworn—1 was on board of Manitoba; signed articles; shipped at Cardiff; acte: as mate on the Manitoba; Lhaye been at sea since 1862; the accused all snipped at Cardia; t am the person as to Whose Injuries the captain testified to- day, and have Leon with him ever stuce tho vosset was launched—a year ago this Jane; we left C: rd on the Sth of A) the captain told me there vas work to be done, sctting up the rigging, and we kept (he men up Lio afternoon watches; Irom tas time out the men became very obstinate, aad would hot respect me a3 mute; they spoke to me as if La ¥ would eliher work or let it wlone—just as ti lensed; on the Ist of May, about one o'clock, tI fren came on deck; the second mate set them to work; * ‘vent below to dinner; after that I went to +1 one men ail came down from the ing and went ale on the guarter; Lasked them what was the matter; made no re} 9, but went aft, and I heard them ing out, “Captain,” Tthen went up on the quarer myself; the mnen had po business or duty on Une uarter; when I got there the captam was th ‘ord Was ae that the men said they wanted understanding about this watch and Watch. sald they were hot going to stop up, that they man to work setting “x rigging; the Dard-working men, who give themselves up to the total absorption of mind and euergy in business, politics or stuay, It strikes down oue and another, in ail ranks, With alarming and increasing frer quency. And yet our people drive on in their put. suits a8 If their constitations were of Led never resting until the blow comes, and erippl AS not kilied, tuey are removed from the roar and gale of our fast ite, Perhaps we shall learn by and to take eeagons of rest aud re! even tn ness-bonrs, as the Germans do in Fatheriand,— Horiiord courant, Mau 3, ere going Lo have thelr Watch and Wate; means time Shea had a mariinosptke tn tis hand, walk the goatiers the captain avid, “Men, go to Work a work like men, and jou do will treat yon a» men; some oné of the men satd, ‘Suppose we have to turn out ab eigne t shorten sall and we get no sleep; Capioin and, ho to work and UL use you like men—see Liat You got plenty to eat and Unat you aro not overworked ;? CONTINUED ON NINTH PAG2, ‘ot to prepare work for the men altel er hth Pa camo out of the forward, hous. " maritnespike and a mat to seé J ! ‘ epee gs ee SS