The New York Herald Newspaper, October 25, 1871, Page 5

y MANDAMUS DAY. The Departments of Public Parks and Docks in Court. OPINION OF JUDGE INGRAHAM ‘The Comptroller to Pay $700,000 for Parks and Biver Front Improvements, Zhe Foley Injunction Still Further Modified. Im the matter of the application of the Commis- sfoners of Public Parks fora mandamus directing tae Comptroller to pay them some six hundred thou- fand dollars unpaid balances upon requisitions made upon him, Judge Ingraham, of the Supreme Oourt, rendered his decision yesterday morning. He grants a mandamus, as will be seen, for $210,000, ‘the same to be applied to permanent improvements fm we parks, We give below in fall THE OPINION, The application for a mandamus in this case is upon the provisions of the act of the Legisla- ture passed Octover 5, 1871, prescribing the powers ee duties of the Board of Commissioners of the partment of Pubiic Parks, being chapter 290 of Session Laws of 1871. By the firth section of that act the department was authorized to make requisi- tions in writing upon the Comptroller for such sums of money as eney require from time to time for the improvement of the several public squares, parks laces .m said city under their control, and also jor the construction and equipment of a me- Seorological observatory, @ conservatory and ma- sein of art, natural history, or any park in the city, the same act it is made the duty the Comptroller to raise and borrow upon the faith and credit Corporation gach sums of money as shall be so required from time to time and deposit the same with such Gepository as may be designated by the Board, The Ovmptroiler ts also authorized to sell the stock and Saas, provided to repay the moneys so borrowed. © department, by the act of the Legislature, ohapter 595, Session Laws of 1869, was authorized 0 erect the observatory and museums, and to pro- ive the necessary equipments for the same, and moneys therefor were to be raised in the manner directed by the act of 1860, chapter 85. Onder this act the department, in Cee 1871, made a requisition for $250,000, on which the sum @f $160,000 was paid by the Comptroller, leavin; $100,000 then due. This suw has never been raised or paid to the department. Under the act of 5th ef April, 1871, before referred to, other requisitions Secale oon ta hice Gt dePocl in 5 whici 120,000 hi Been paid“ teaving $4é0,ot0 unpaid. °° ‘There can de no douot but that under the statute pefore referred to, independent of the question raised ‘as to the effect of the act of 1871 providing for the two per cent tax, the department had the right to make the requisitions, and that it was the duty of the Comptroller under these requisitions to nave raised the piney, in the manner provided, a3 soon a tne issue of the bonds was authorized by the Board of Apportionment, as provided by the tax law of 1871, It becomes necessary, therefore, to de- tide what effect the limitation of the tax luw of 1871, commonly Known as the two per cent act, had pon these siatules passed previously. ‘hat act Provided in the first section that the Loard of Super- visors should raise by tax in 1871 and 1872 a sum which in the aggregate sbould not exceed two per ent on the valuation of the real and personal es- tates sub.ect 10 taxation fixed for the year 1871 by the Commissioners of Taxes and Assessments for the city and county of New Yorg, in addition to the excess of the State tax over that of 1870, and Mmued the amount, including the State tax, to $25,009,000 in either year, ‘Tho second sectioh pro- Vided that out of such sum go to be raised should be paid all the expenses of the city and county govern- Inent for all their departments and purposes for each of said yeais, the interest on the city ana eouaty devt failing due, and the proportion of the Beate tax paren by ule said city and county in bach of sat respectively. ‘Tie third section firecved the Board of Apportionment, after settung @part the amount necessary to pay the interest on the city and county stock and ponds becoming due aes | the yeai the principal that may become @ue of such stocks and is payable by taxation dur- Ing the year and also as much as may be uecessar; to pay the State tax to be paid by the city ani county, to apportion the residue to the various Separtinents and purposes of the city and county governments for the year 1871, and tne like @pportionment 1s ordered for 1872. It is evident from these provisions that the whole intent of tnis _ act was to provide the money necessary to be raised by taxation annually in each year for the purpo ses Of the city and county, There ts nothing in the pro- @istons referred to which in any way could be con- as mciuding any permanent debt, either past prospective, Wulch was not to be paid by taxa- Won during the year. It did not even include any part of the puviic debt falling due during the year, xcept so much of tt as was by the law requiréd to be raised by tax during that year. [f five orten millions 0! the city debt should be payable in 1871 @0 part of that debt would be incluaed wiihin its sions excepting tne portion thereof which the — creating 1t required to be raised by (ax during le year. The whole form of the law and the provisions therein sbow the tutent to be to raise ihe amount necessary) for the annual tax and the distrivulion of suc! amount for the purpose that such annual tax was ordinarily applied to, and to limit the amount which should oe raised by Such means for such purposes, So iar as these provisions that I have referred to fect the issue of these bonds for perinanent im- vements 1 see nothing within the term; of the w applicable thereto, except tne annual interest thereon and the awount required to be raised by tax aunually as a sinking tuad. If such bonds are lasued in 1871 those amoun's must be deducted from the tax of 1872, ‘The residue of the bonds or stocks fasued for such purposes must not be included with- tm any of such provisions, nor woula tne acis author- Iming the creation of such bonds or stock 1or per- manent improveme:.t ve in any way aftected tnere- by. ‘the following limitation ts added in the second section to the provisions thevein, direcung that the moneys so to be ramed by tax to each year shali be applied tothe payment of the State tax, ‘the incerest on the public devt and the expenses of she city and county government for the sear—viz., “and uo liavility shail be icurred for any purpose in either of said years which shall, with the State tax lor such year and the principal and interest of the city ana county debt payabie in such year, make whe aggregate of the expenses ot the city and county governments iogether for each of the said years ammount to more than two per cent upon the Valuation aforesaid, with the addition hereinbefore wided.”” It is contended on the part of the ‘ pirolier that this provision prevents the issue of bonds or. stock under the previous statutes during 1871 and is72eveu for permanent linprove- ments, and that the operation of such limitation ts to postpone the issue of vonds or stuck during those years. 1 do not think such was the intent of this provision. ‘The linitacion is to the expenses of the city and county government for the years 1871 and 1872, it was intended to limit the expenses ef the city and county governments, which were annualy aid by taxation, The liability wh ch should not be Incurred was # liability Wich formed part of the expenses of those governments du the year, id the restriction was mtended to prevent ihe Reads of departinents (rom expending for such or- dinary expenses by incurring debts ol greater amount (han was appropriated for such purposes. Section 6—it was uot intended to apply to perma- nent improvements authorized by former statutes, which were for tue increase of the city property or for any purpose not directed to be paid for by tax- auon. The issue of bonds or stock tor building an observatory or museum in the Park would not ve an increase of the expenses of the city 1m 1871 and 1872. It would be a permanent debt, inuependent aud ex- Glusive of the expenses Oo! tie city, required to be 1 by taxation, ‘There are several provisions 1u this tax law pro- viding ‘or tue issue Of bonds or stock for other pur- ie. whieh would increase the amount, also the muted tax, und be a violation thereol, if the con- struction put upon this law by the respondeats was adopted, aud the srovisious in the fourth section re- quiring the concurrence of the Board of Apportion- ment to the issue of bonds or stock shows that the Legislature contemplated the issue of bouds, not- withstanding the limitation as to ie annual ex- nges, It 18 siated In the aftidavit of Mr. Storrs, the former Veputy Comptrotier, that the whole amount appropriated to the department of the Board of Ap- Fiionmenut for the ycar i871 has been paid by the Bomprroiter. ‘This would be al! they could receive from (he amount raised for taxes during this year. It does bot appear for What purpose this apporuon- ment was mace, but | suppose it to have been for the ordinary annual expenses of the department. The objection wat was made to the form of me Fequisiion the same having been made by the Executive Commitee instead of the Board, was raised on the argument on the understanding that an aitidavit should ve made that such requisitions were made by the cirection of the Board, 1 might also add that the — requisition for buildings in the Park, on Which $100 000 remain gnoaid, was made tn January, 1871—long vetore the pears, of the fax law. It was the duty of the mptroiier to bave complied therewith at that time, and that duty was notrelleved by the subse- ae OL (hat law. y clusion ts, (hat tere is nothing tn any of the provisions of the Tax law of Isil whien pre- vents ihe Department ot parks from proceeding in somipieting the permanent.smprovements authorized ‘by the Legislature, or that praitbits tie Comptroller rom issuing bonds Or stock Unerefor on suck requi- ons. So faras uiey have avade requisitions for aie ordinary annual expenses of ane parks and public laces, the amount to be expendad by thein must be ae to the moneys appropriated therefor by the Foard of Apportionment; and ag that ameunt has n PUd, a8 slated in ine aflidavit of Mr, Storrs, ZO (urver m can be expended during the year on that account, It 19 objected by a ne ment that, under tho law relating ent’ of I é duties of the Depart ment of Tublic Parks, chap.er 240 Session Laws, 1871, the tine and amount of bonds 30 be issued for the puiposes of the parks was discretionary with the Comptroller. Such ts the provision of the frat section. That, however, does not relate to the issue Of Honds When reaiusilion was made by the | NEW YORK HERALD, WE Oomt for money for these purpeses, but was a discretionary power vested in the Vomptroller to raise money for the improvement of the parks without any requisition from the department. The third section of that act authorizes the Commis- sioners to make requisitions im writing upon the Comptroller from time to time, and adds, “It shall be the duty of said Comptroller to raise and bor- row, upon the faith of the Mayor, &c., ot the city of New York, such sums of money as shall be so required from time to time, aud deposit the same with such bank, &c., as shall be designated by said Board.” This section makes it the duty of the Compseaies to borrow the money whenever #0 required by the Commissioners, leaving to him the discretion to Bt uently issue and geil so much stock as may ecessary to repay the moneys 80 borrowed which had not been raised by tax; if the purposes for which such requisitions were made, as Stated in the relator’s papers, that for the building of the museum and observatory and for the road on the Eighth avenue, come within the berms rhe! of permanent improvements and are not included within the annu: raised by tax. For those sums a mandamus may the Comptroller to borrow the sum Of $200,000, a8 stated in the requisition made there- for, asto the other sums asked for the Central Park and for parks and places, it does not appear that these amounts are made for permanent im- rovements or any part of the annual expenditure for those parks, and the application as to those re- b apretit bee denied. The department may renew application on showing that those requisitions were for permanent improvements not included within the annual expenses of the parks, Order made accordingiy. ANOTHER HAUL. Mandamus Granted in Favor of the Departe ent of Docks—Hulf a Million Decllars te Improve the City River Front, Yesterday morning, in the Supreme Court, Cham- bers, Judge Ingraham granted the mandamus asked for by the Department of Docks against Deputy Comptroller Green, requiring him to pay over to the treasurer of the department $500,000 to carry on the necessary improvements. The following is his opin- fon explaining the basis of the decision and the amount of money to be paid over to the department under the mandamus :— THE OPINION. ‘The act of 1870 to reorganize the local government of New York, a8 amended by the act passed April 18, 1871, gave to the Department of Docks the sole power to lay out, establish and construct wharves, plers, and slips. By section 11 1t is made the duty of the Comptroller, when directed by the Com- missioners of the Sinking Fund, to issue bonds, to be called dock bonds of the city of New York, for the purpose of raising the moneys necessary to carr out Lhe provisions of the act. Tne issue of bonds is limited to $3,000,000 in avy one year. The proceeds of such bonds are to be drawn out of the treasury and paid by the Comptroller on the requisition of the Department of Docks. Under these provisions the Comptroiler has paid tothe departinent the sum of 500,000 under the requisition made by the Depart- Ment of Docks for $1,000,000 in May, 1871, There can be litule hesitation in aceepting the con- clusion that this requisition is for permanent im- rovements to the river front of the city of New ‘ork, and not ror the annual expenses of the de- {ome It is not shown that any appropriation jas been made for .hat purpose. For the reasons stated by me inthe opinion filed thig day in tne People ex re/, Departinent of Parks, I am of the opinion that the provisions of the tax law of 1871 do not apply to the requisiuon of the Depart- ment of Docks; that it is the duty of the Comptroller to issue and sell the bonds or stock and pav over the proceeds to the authority authorized by the Commissionera of the Sinking Fund. Motion fora mandamus ated, directing the Comptrolier to issue bonds or stock to the amount Of $500,000, and to sell the same and pay over the money to the relators, ANOTHER MODIFICATION OF THE FOLEY IN- JUNOTION, Judge Barnard yesterday rendered the following decision on the motion on behalf of the Board of Public Works to modify the Foley tnjanction:— “The injunction is 0 far modified as to permit the carrying on and completing works uf a permanent character—viz., the receiving and distributing res ervolr and the laying of the mains—but that the moneys for such purposes should not be used. tor the ordinary ses of the department. The observations of Mr. Justice Ingraham in similar cases decided this morning cover all questions Yawwed here’? DEPARTHENT OF PARKS, Meeting of the Board of Commissioners. The Board of Commissioners of the Department of Public Parks met in stated session yesterday al- ternoon, with the President, Mr. Peter B. Sweeny, in the chair, and Commissioners Hilvon and Fields present. After the minutes of the previous meeting had been read and approved a communication received from the Department of Docks was read by the Sec- retary. The letter called for Information with re- spect to plans, location and grade of the exterior or river street, on the North River, above Fifty-fifth street; also along Spuyten Duyvil Creek and Harlem River, On motion the subject was referred to the Treasurer and Engineer to report thereon, A communication was received from the chief landscape gardener of the department giving an estimate of the number of trees required tor piant- ing the Boulevard and the several streets and avenues laid out and under the management and control of the aepartment, This was ordered on file, Several communications making donations to the Park Museum collection were received, and, having been duiy acknowledged, were ordered un file, The Treasurer submitted correspondence had witn the Deputy Comptrolier of the city, together With the adverse opinion of Mr. A. J. Vanderpoel, Counsel to the Board of varks, The correspondence was pubtished in full inthe Heranp of yesterday. On motion of Mr, Fields it was ordered to be entered on the minutes and placed on file. A resolution was adopted appropriating funds to the credit of the Treasurer for the payment of bills, estimates, &c., against the department, * Resolutions were aiso adopted cailing upon the Comptroiler of the city for funds for payment of work, services aud materials furnished or to be lurnished for regulating, grading, paving, sewering and otherwise improving the Boulevard and the sey- eral streets and avenues under the control and man- agement of the department. Also for the permanent improvements upon the Central Park and the several pubiic parks, squares and places under control of the department, he Auditung Comittee reported that they had examined the accounts of Henry Hilton, Treasurer, from Aprii 1, 1871, to July 1, 1871, and the vouchers for all payments charged In said accounts, and that they find said accounts and vouchers correct and satisfactory; Which was approved and ordered tiled. A report was received from the Auditing Commit- tee recommending the payment of bills and claims against the department for tools, materials, &c.; which was approved and ordered on file, THE GRAND JURY AND MAYOR HALL, It was generally understood yesterday that the investigation upon the complaint against Mayor Hall for alleged miade- meanor had been resumed by the Grand Jury. The following entlemen were in attendance yesterday in the room aasizned for persons aummoned by that body:—John H, Masterson, J s O'Brien, George Jones, A. L, Brown, William A, Booth, Charles W, Lawrence and Edward H. Baxter, There ia not much doubt that all these gentlemen wi examined. Itis highly probable that the Grand Jury will come to con- clusion upon this matter very speedily. PROOKLYN AFFAIRS, Germanin’s Claim. The Democratic General Committee of Germans have Tequested the regular committee to recognize their claim to representation on the ticket of the party with which they afiiliate, ‘They recommend Joseph H. St for Coroner, John Weinig for Commissioner of Charitiea and 8. Josue for Justice of the Peace, Eastern District, Taxce. Taxes are now being patd at the office of the Collector of Taxes and Assessments, and the reduction effected in the compared with the year previou source of con- atulation among those who have thus far paid thelr tax era,¢ rate of valuation §100 of real was 3.88, Thi we Highway Robbery. Four young men attacked Dennis Murphy, of Eleventh atrect, near Siath avenue, while the Jatter individual was on his way home abouttwo o'clock yesterd: demanded his money, which he refuaned to turrenie thereupon Knocked down by the gang and beat was unconscious. They (ben a cellar, where he tound himself when he recovered hie senses. His condition issatt to be most critical, and the police are looking alter the assafiants, The Bridge Tower Disaster. Coroner Jones yeaterday empanelie! a jury to hold an inquest over the bodies of John French and James McGar- a Wiliam Hines, who are at was most favorable to ther recovery, but Doherty, the Unfortunate man who Tel’ from ‘a height of forty boa bed regarded as fatally injured. nas aleg and an arm broken, besides being internally Doherty {9a pative 0: Ohio and twenty-eight years of ace. The President of the fridge Company, Mr. ‘Kingeley, staree hat the Ads as caused by breaking of the iron Mg ety eet , and not by wood, juesi wood. in question parted THe LATE GENERAL DIMick.—The death of Gen- eral Justin Dimick, late of the United States army, which occurred one day last week, is regretted by many ex-Confederate officers, who were imprigoned im Fort Warren, near Boston, whtle he was in com- maid there, and who were treated ag Kindly py nim as tine navure of his dues would allow. Among these Officers were General S, B, Buckner, and the resent Governor of Téanesse, General John Browas—sowisviiie Journal, Oct 21. THE COURTS. Criminal Calendar in the United States Courts— Admiralty Cases—Alleged Fraudulent Bank- ruptey—Lawyers’ Fees—Stock Speculators Brought to Grief~Business in the Court of General Sessions. UNITED STATES SUPREME COURT. The Usury Laws of Indiana—Writs of Error for Arrest of Jadgment—[he Indians as P Enemics. WASHINGTON, Oct, 24, 1871, No, 160, The Junction Railroud Company ve. The Bunk of Ashlund.—Error in the Circuit Court for the District of In- diana.—The Junction Railroad Company, a corporation cre- ated by the Indiana Legislature, applied in the month of August, 1863, to the Obio Life Insurance and Trust Vom- Pany, & eprporation created by the laws of Ohio, and hav- ing Its offjce in Cincinnati, to purchase of the railroad com- a ores = of the interest La nally, sem! per cent, atits office in New York, persons other than the railroad com ‘wan executed aud the bonds were taker tion were subsequently transferred by the Trust Company to tne Bank of Ashland, with notice of the guarantee arrange- yank brought suit to recover the amount of the ment, and tl bonda, ‘The defence was that the transaction was not » pur chase ef the bonds by the Trust Company, but a loan, at a usurious rate, and that the contract for interest being at @ higher rate than seven per cent—the legal rate under the charter of the company. ween vive, and therefore void, ‘The Court velow held tl ‘ansaction to be a purchase by the Trust Company and nota loan, and that judgment is assigned as error in this Court, where the cause was now argued, No. 161. Providence Washington Insurance Company vee Huchterger et ule No. 163. Merchants’ Insurance Company vs Lone; and No. 163. Arctic Insurance Company vs, Same,—Error from the Northern District Court of Ihinois,—These cases present but one question—whether the declaration is suill- cient in Joss after verdict for defendants in error to maintain their judgment, and whether, therefore, the jud; to be arrested. ' The plaintiff’ in error’ moved for Judgment beiow, which was refused, and that refusal {9 Asaigned as error. ‘The defendants here insist that the write Of error present no tenabie objections and that it is appar- ent from the character of the objec that the cases were Drought here merely for delay. ‘They, therefore, ask for tea per cent damages, as provided for in such cases by the rules Of the Court, - No. 168, Holladay v Thomas W. Kennard.—Error to the Circuit Court for the Southern district of New York.—On the 15th of December, 1864, Kennard sent his agent to the ofllee of Holladay’s Overland line, in the city of New York, with a package of $10,000 to be delivered in Central City, Colorado Territory, He was there informed that they were not in the habit of receiving packages in New York for transportation, and that the proper course would be to deliver it to the United States Express Company, which would forward it to the commencement of their route in Atchison, Kansas, This was accordingly done, and a re- geips in full taken from the | express company. The package was subsequently delivered to Holla- day's agent at Atchison, Kansas; but at Julesburg, Colorado, the coach was attacked by Indians and roobed payment, this of the money. Holladay declining action was brought, and the main ‘defence was the loss was occasioned by the hostile depredations of the publicenemy. The question whether the Indians Fogarded as ‘public enemies was cided that they must be re; they banded together and or negiigence of the s any delivery, the company was excused by sucl livery of the package. ‘Tho jury found that the negligence of the carrier and not the acts of” the public enemy occasioned the loss, and the verdict was for the plaintiff there. The case comes here on exceptions to the rulings below. It also presents the question whether Holladny, being, as asserted, confersedly the agent of the express company with which tne contract of carriage was made, 1s Hable to the loser in avy form UNITED STATES CIRCUIT COURT. Criminal Calendar. ‘The criminal calendar of this Court will not be again called until Monday next. ‘The petit jurors have been discharged from attendance il that day. ] 7 UNITED STATES DISTRICT COURT. Admiralty Cases. Before Judge Blatchford. Avguctus M. Cox et al. ve. Steamtug Clara Olarita.—The ibel- Tanta are owners of the schooner Clara, and they c’alm dam- ages for injury to the schooner by collision and also by fre at anchor In the North River, near the feth street, The Clara Clarita was towing boat out of the slip to the Hoboken Flats, and yy the libellants that owing to uvekiiful it tn claimed agement on the part of the tug the schooner was set on and considerably injured, ‘There is a cross libel on the part of the New York Harbor Protection Company, who are own- ersof the tug, against the schooner Clara, ‘The case is still at bearing. UNITED STATES COMMISSIONERS’ COURT. Charge of Fraudulent Bankruptcy. Before Commissioner Shields, The United Stites ve E. M. Stephen.—The defendant is charged with having, while in contemplation of bankruptcy, Gispored of his goods im alleged frau of his creditors, The Commissioner, after taking a considcrable amount of testi- mony, adjourned the case for further hearing, SUPREME COUST—CAAMBERS. Lawyers Coming In for a Gvod Thing. Before Judge Ingmham. In re Breline M. Bliss ot u!.—This was a cage in which a bateh of lawyers found professional employment, there being no less than sixteen Inwyers employed on the part of the defence alone. It was a litigation growing out of contesting the will of Kobert A, Livingston, and in the course of which it became toxell some real estate in the upper part of the ‘There being no power ot sale in any of the defend- ants the Court made tue order of sale, ‘The estate was sold for $78,695, and yesterday the attorneys mado application for extra fees and, allowances, and the Court granted them $13,500; a nice sum, even if divided into many fractional paris, ib these days of #o many briciless lawyers, Decisio Inthe Matter of the Anplicition of B. H. Koechling et al.—The receiver is ordered to deliver to the petitioner the check re- ferred to on payment of the amount advanced thereon and interest, In the Mutter of the Application of Henry P. Hunt et al.—Mo- tion grantesl, In the Mutter of the Application of Peer Nelson.—S8ame, SUPERIOR COUAT—TRIAL TERM—PART |. A Suit for Damages that Did Not Work, Before Judge Barbour. Albert Houvman v. George Jones et i:1.—This will be remem- dered as a suit brought against the New York 7ime; to ovtain $6,000 as damages for a broken leg. A verdict was yesterday rendered in favor of the defendants, ‘The evidence showed that the man, Charles Moon, through whose carelessness the playntifi's leg was fractured, was not in the employ of the de- fendants, but a commion carrier, and hence the verdict ren- SUPERIOR COURT—TRIAL TERM—PART 2. Stock Speculators Brought to Grief, Before Judge Freedman, Heny R. Morgan ve, Francis &. Skiddy et al.—In this sult, the full particulars of which were published in the HrRaLp ‘at {ts commencement several days since, a conclusion was reached yesterday, said conclusion being a dinminsal of the complaint, It was an action brought, and intended as pre- liminary to about forty similar suite, lo recover $5,000 paid for stock in the Central Mining Company of Colorado, the claim being that the company was a fraud and 1 an fllusory cheat. The complaint was dismissed on the ground—hrat, that there wae no proof that the defendants, kiddy, Jerome and ‘Travers, had Jaane ot the prospec that eVickar, they honestly bel the representations mad them to be true; and third, that though it appeared that Gaylor had been a'party to the misrepresentations, t did not appear that the plalutif bought bis stock upon Gaylor resentations, SUPERIOR COURT—SPECIAL TERM. Decisions. By Judge Jones, Quinn ve, Lioy?.—Order grantee. Gould ve. Co wir Schiefel oe. Whiti Brierly vs. Legare Wilson vn. Lew COUAT OF COMMON PLEAS—SPECIAL TERM, Decisions. By Jucge Robinson, Lowenstein ve. Bubcock.—JSudgment on demurrer for defen- dant, M. Wilkins, and complaint dismissed, By. Judge Joneph F. Daly. Hillyer ve. Rovenverg.—Order for discharge of detendant from custody. Hujhes ve. Mercantile Mutual Insurance Company.—Case settled. ‘ame Reference ordered, COURT CF GENERAL SESSIONS. Female Shoplifters Sent to Slug Sing—A Dar- ina fickpecket Disposed of for Five Years— Alleged Felonious Assaults, Before Recorder Hackett. In this Court yesterday Mary Lanigan and Eliza Thompson were tried and convicted of grand larceny, they having on the Sth inst, stole $46 worth of ribbons from the store of A. 1. Stewart & Co. The girl Thompson was sent to the Stato Prison for five years, and her confederate was remanded till Friday. Thomas Cook was convicted of larceny from the person in stealing s gold watch and chain from Mra, McQuade on the 17th of October at the corner of Chatham and Mulberry streets, The Recorder, who is always severe upon pickpock- ets, gave Coox the full ‘sentence, which was five years in the State Prison. This was # bold larceny, the prisoner havin tel the woman ia the public street and forcibly too! the watch from her person. Levy Kurtz pieaded guilty to an» with Healing bwo. watches aud a chain, value the 10th of Jung, from the jewelry store of Mr. Hauer, Essex street. He was sentenced to the State Prison for four years and six months. ALLEGED FELONIOUS ASBAULTA—ACQUITTAL OF THE DEFENDANTS. Travis, who was charged with stabbing Zachariah Peterson, on ve 10th Inst, with a razor, was tried uitted, (he jury preverring eve Falher inan a Terni narrative of the diMoulty. jean d that the parties were colored gentien John MoGoliriek was tried for a felonious assault and bat. tery, said to bave been commitied by his son, William Mo- ick, On the 7th of October, The testimony showed that ‘and son transacted business in Washington Mar- Ket, aul that on tho day in question tney bad @ war of word that the father ‘approached hima with a large buteber's kati Abram £5 DNESDAY, OCTOBER 25, 1871.—TRIPLE SHEET. and, aa the son asserted, stabbed him tn the back. The nc- cused then tired a loaded revolver at hia father, not intending to shoot, but simply to frighten him. The Jury took this view of the case and rendered 4 verdict of not t quill ry Denis McCarty, a car ariver on the Third Avenue Railroad, was tried upon & charge of stabbing Jobn Otis on the :84 o! August, ina drinking saloon, corner of Bowery and Hester street, ° The evidence developed the fact that the accused was saloon ‘that he assaulted by Otis and other men in the and used a smail knife for his own protection, Assistant District Attorney Sullivan virtually abandoned erdict of not thee oe and the jury promptly rendered « usan Lave also acquitted of a charge preferred against her by Tuten Sullivan, whe. swore that on Sota ot Beptember abe wan stabbed in the Dreast and arm with a knife, It was demonstrated to the jury tnat the complainant Was ® quarreisome woman and she entered the apart- Wiliam Wilson sad Wille A. Che oh with ison anc . Cl stealing 84 worth of ‘India rubber ow Cees pleaded guilty to petty larceny and were remanded for sen Frederica Ortwein, charged with, stealin, on the 2d inst from Christine Aluter, wan’ tried’ aut acqultted, there being no lage testimony to sustain the indictment. ry Hayes and John Corpugh, indicted for robbinj James Armstrong on the Idth of August of the um of $1 etween the colored mes, andi Tess san the bemedt of tks doubt to the prisoners” Ss ‘Be JUFY eave COURT CALENDARS—THIS DAY. UNITED States District CouRT—ADMIRALTY Casks—Held by Judge Blatchford.—No, anham_ 1,265 Vitritied Pipes; No. 196, Chase va. Berk Alloe Talntor fo. 228, Sinith va. Boouen et al.; No. 140, Luce vs. Steamer City of Baltimore; No. 201, Corsen va. Steamboat Wyominj No. 199, Sherman vs, Mott 'et al.; No. 67, Henry Benary vs. Ship Prince Albert ; No. 222. Boston, Newport and New York Steamboat Company va, Propeller Uceanua; No. 913, H. W. Benedict No, 228 Ww. Stonmmtng Niagara ; Rupp va.’ Hi ‘0. 280, Chares Dusenbury va. 8 tug Hu W. W. Evane va, Wilkesbarre Barge; No. 130, i. ve Belg Annie Lindsay; No. 171, Cunningham Ys, Sloop Tennessee; Cox et al. va, Steamtug Olara Clarito— earing. SUPEEME CountT—CnaMnrrs—Held by, Jude ine ham.—Nos. 85, 63, 76, 84, 95, 121, 122, 149, 179, 180, 181, 190, SUPREME CourtT—Cinourt—Part 2—Held by Jndgo Brady. No. BN, $06, 90, UO, O88, $7674, 648, 982, 384, BC, SuPESION COURT—TRIAL TERM—Part 2—Held by Chict Justice Barbour.—Non. 64%, 685, 889, 797, 1185, 63, 683, 841, 1159, 1161, 961, : SUPERIOR CourT--TRIAL TeaM—Part 2—Held by Judo Freedman.—Nos, 980, 140) 1212, 108%, 1160, 1284, 782, 1132, 1140, 1170, 1148, 858, 613, 156, 60, 988, 876, MARINE COURT—TRIA! ERM—Part 1—feld by Judge Groas,—Nos, 6438, 6040, 418, 6754, 6977, 6080, 60, usd, UO, 6988, 6989, 699), LOI, 6993, ‘694, 6:95. Part 2—Held by Judge Curtis, — Now, 645, 6888, 6055, 5519, 64 6, 6527, 680.), 6718, 03, 6 26, 6A, 6935, 69H, 63, 6OB7, CUB, ' 695. 6.2, 6973, 6974, 6976. Part 3—Held by Judge Alker.—Nos. 7709, 7722, 7246, 7742, 7148, G07, GD, G86, EL, Gu, 6UYT, NE, 6109, ARREST OF AN EXTENSIVE FORGER, An Unprecedented Career of Crime. ‘The Start, the Course and the Finish—Stoppages by the Way—His Transactions, Trials, Tri- umphs and Tribulations—Brought to Bay—The Flood of Forgeries, Like the moth that dances round the light, dam- aging its plumage at each successive dash, until at last, the brilliancy of the glare proving too much for its forbearance, it falls dead into tne net its own folly had cieated, the criminal plays with the limits of the law. At first necessity may tempt him into the commission of some triviai offence, but that one successfully performed and avoided he will be sure to launch into MORE EXTENDED OPERATIONS, until at last, getting beyond his depth, he sinks to the bottom of the sea of villanies he has been swim- ming in, Aman of this exact type was arrested the day before yesterday by Detective Eluer, of the Central OMice, Something more than a year ago this young man came to New York and went to the ofice of E. VD. Morgan & Co., 54 Exchange place, and presenting himself as 8, B. Downer gave those gentlemen to understand that he was recommended to them by George L. Dunlap, Tomake his recep- tion somewhat more gracious, and at the same time to gain the confidence of the drm, he showed | an introduction to Governor Morgan from Mr, Dun- | lap. He further said that he was a native ot Detroit, and a friend of Senator Chan- dier. The explanations of his position being conciuded, the young man informed the Messrs. Morgan & Co. thathe had come on to New York to purchase some bonds of the New Or- MORE DOLLARS ASTRAY. How Was Old Samuel Belden When He Made His Will? A Eandsome Woman on Polite Drinking. ‘The case of the disputed will of Samuel A. Belden was brought up yesterday morning in the Surro- gate’s Court before Surrogate Hutchings. The tes- tator resided in Brownsville, Texas, and dica worth, in real and personal property, over $150,000. Most of the real estate is situated in Mexico and Texas, and it is expected will in future time represent a much larger value than it does at present. Old Mr, Belden was about seventy years of age, and departed this life on the 12th of February last, at the Tremont House in this city, having come to New York on a visit to his relatives last summer. Tne old gentleman devised his property to hia brethes, sisters and nieces, but leaving by far the lion's share of his property toa Mra, Reichart, of this city, Mrs, Reichart BECAME MOROSB, it appears, to the oid gentleman last summer, when he was afflicted with sunstroke in New York, but remained in attendance on him until his death. She is the proponent of the will, and two of Mr. Beiden’s brothers, one sister and oue niece are the contestants, ‘Ihe latter allege that Mra, Retchart procured the making of the will by undue influence; that the will was made while the testator was In a delirious state; that Mrs, Retchart gave him intoxi- cating liquors and morphine to a large extent on the day that he made the will, and that he had to be supported in his bed, so weak was he, until that document was executed, Judging from the dis- closures of yesterday, the case promises before 16 Unishes to develop some spicy family scandal, Mr. Winchester Britton appeared for the fair pro- ponent, and Mr. Graves for the contestants. THE TESTIMONY, The first witness examined in the case was a Mr. Cornwell, one of the subscribing witnesses to the will, In bis direct examination he deposed that he was present when the will was made; that the lesta- tor appeared to be in bis sound senses and to know well what he was doing. ‘This witness was cross- examined for over two hours by the counsel for the contestants as to whether STIMULANTS WERE GIVEN to him to any extent on the day he made the will, The witness sald that not bei Mr. Beiden’s nurse, he could not well say what stimulants ne received. He was aiso cross-examined as to whether the de- ceased knew everybody who called on him that day. No. hing material, however, was elicited in cross-ex- amination, ‘The other subscribing witness to the will was a Mr. Alay, who added nothing to the interest of the case. ‘The case became really interesting when Mrs. Reicbart took the stand. She is a tall, majestic- looking woman, with a slightly aquiline nose, large grayish eyes and the lightest of auburn hair, which flowed In rich tresses over her shoulders, A lew gray oairs tinged the great Eugénie wave WHICH CROWNED HER FOREHEAD, though she looked not more than thirty years of age. Put for a certain decided look about the mouth, and a little hardness about the lines of her face, Mrr. Retchart would be ranked as an ex- tremely handsome woman. As it is, she possesses a magnificent bust and figure, and would be calied a aplenaia woman. She gave her evidence very de- cidedly, and at times PROVOKED A LAUGH in Court by the fine way iu which she cut her an- swers down, Mrs, Reicliart is not at all verbose, Her direet examination corroborated the euidence of Mr, Cornnell, She said she was not present all the time while the will was being made, but as to the condition of her uncle 8 mind she wag positive. A beets to her testimony he had his sens vy, and recognized everybody whe was present, the physician, Mr. Cornnell, Mr. Day and herself. Her vross examimation WAS VERY SPICY, Counsel, Mr. Graves, apologized for some of the questions which he might huve to ask her during the cross-examination, Mrs, Reichart waived her hand loftly and said, “Not at all.” CounsEL—"Do you remember, Madame, on any oc- casion when a gentleman calied ou Mr, belden and askea htm if he recognized him? The deceased said ‘Yes, he did,’ and on the gentleman's asking him if he knew hia name, the deceased answered, *You are from Texas,’ ”? Aas REICHART (With her eyes and mouth)—“No, sir. COUNSEL—Do you remember his ever saying while sick @ bed that he was at sea, WITNESS, Very decidedly—No, sir. leans, Mobile and Texas Railroad Company. These gentlemen then toid him that business could only be accomplished by ready moncy or A CERTIFIED CHECK for the amount of the bonds he wished to buy. Mr, Downer then left the establishment, and returned in a few days with a check for $6,000, purporung to be certified, and received in exchange five $1,000 bonds and a check from E. D. Morgan for the balance, $333. The bonds which were sold to Downer numbered from 96 to 100, in- clusive, and in a very short time atterwards Messrs, Morgan found they had been duped and that the check was worthless, The next neard of this audacious forger was in Toledo, Ohio, where he deposited @ check on the Bank of Commerce of New York, purporting to have been made by Bab- cock Bros, & Co,, brokers, of 37 William street, and made payanie to the order of J. H. Ransom & Co, Here he represented himselfas a large dealer in wool, and drew $2,500 against the che aiier which he left for pastures new and fieias not yet explored, In the ordinary course of commercial matters the check was sent by the Toledo bank to 1ts Correspondents heie (the Ocean National Bank oe they in turn sent it to the Bana of Commeice, where THE SPURIOU: of the Instrument was at once deiccted, After this the check manu,acturer went into Canada and depostied Q draft m the Royal Canadian Lauk of Moatreai, drawn on Babcock Bros., for the amount of $10,0) and desired to get $2,500 onit, Llere, howeve: he failed, a3 the Canadian peopie we ainer susp! cious and would not let lim have tie money. Shoruy aiter the failue in Canada he turned up in St. Louis, under the appellation of J. ©. Whittimore, and lived Puxuriously iu that city lor some time, Becoming at last In want of funds he returued to vhe old trade, In St. Louis, on the 19th of S:pte: ber, he was arrested on suspicion of betng a forge and tus picture Was sent on to the New York detec- tive whom Morgan & Co. had given the working up of the case to, With this picture came a com- plete description of the mau, which was that he ap- eared to be about thirty or thirty-five years of age, hve teet eight incnes in height, spare built, with a sinooth face, dark brown hair, @ twisted nose and having a remarkably good address. When the st. Louis detectives examined his person they found upon him @ letter of introduction purporiing to have been signed by &. D. Morgan & “0., of New York, and Is0 & certificate of deposit from the Ceniral National Bank of tnis city. He was detained in custody in St, Louis tor some time; but, for want of evidence, the authorities there were finally compelled to tet him go. From ail that can be at present gieaned ot hs course trom his transactions, Mr. Whittimore, with the halt a dozen aliases, came back to New York, At ali events, @ short time after tts HE OPENED AN ACCOUNT with the Dry Dock Savings Bank, under the name of Samuei FE. Collins. He told the people at the bank that he was @ real estate broker and ® man of meaus, and as he had for a long time watched the workings of their insti- tution with some interest he wisied to open an ac- count there. He at first lodged a small amount ia the Savings Bank, and then kept on enlarging it by means of drafts, which he had purchased for smail sums and which he raised to large ones, ‘rhe greater number of these draits belouged to ihe City National Bark of Poughkeepsie, and were originally drawn for $80 each; but Merrett, alias Whitmore, alias Brude, raised them to $900, $1,000 anu $1,500, ‘rhe cashier of the bank detected the operation, and the gentleman's tricks once more came to licht. During ail this time Detectives Elder and McDougal were looking for this clever artificer, but could not UNT HIM DOWN Elder first heard of the case from Mr. Henry F Hl, the casmier of the Bank of Commerce, in June last, and since that me le has been watching the movements of the man. Bauk after bank sent on the description of the forger, each in rn as they had been victimized, and by this means the detectives were able to keep track of him, For months past Mr, Elder has been looking for him, expecting him every day to turn up in the city. His search and untiriog energy were rewarded on Monday night about nine o'clock, when he met the long-iooked-for individua! on the corner of Fourth and Greene streets. Mr. Elder at ouce took him ny custody, @nd yesterday morning brougnt him fore at any one time, SUPERINTENDENT KELSO, Sitting with the Superintendent at the timo was Judge Low, who immediately recognized the mao as an imdividual named Arthur X. Brude, of ful- ton, Oswego county, who had swindled him of a large amount in bonds on a torged draft something about a year ago. For this performance Judge Low had fim arrested, but he gave bail and alterwards forfeitel it He was arrested and brought before Juage Hogan in March last for this same fraudulent purchase of the Midland Railroad bonds, aud was comuitted fer trial, but he after- warls managed to escape through some sligitt technicality, He was also arrested at Albany at tie time the expressiman was ROBBED AND KILLED on the railway bridge; in fact, he was the first man who was arrested for shut crime, but he was afterwards discharged, He was taken up in Albany on suspicion, because he bad @ large amount of money on his person, and the authorities there were under the impression that fhe must have killed the expressman and stolen the money. In appearance the man 18 perfectly cool, And seems nothing shocked by the position he nds himself placed in, He was taken befure Judge Ho- gan yesterday at the Tombs. and was remanded un- Ul to-day jor examination CounseL—Did he ever think while sick that he was on & voyage. WITNESS—NO, sir (very decidedly); his mind was as clear as mie this moment: 1t became gradually weaker after the will was mare, CouNSEL— Was he bund before his death, WITNESS—NO, Sir. CounsEL—Were lis eyes bad. WiTness—aA little while he was sick, CourssL—Then he recoguized all visitors, Wirness—Yes, sir, The witness was then examined as to whether, when several individuals whose names coansel mentioned called on the deceased’ without being recoguized by him? She said, im every case he recognized his friends, CouNnseL—Had your uncle any unfriendly relations toward your fatuer? WITNESS—Yes, sir, Counsgi.—Are you on unfriendly relations toward your father? Wirness—I don’t Know; I never mentioned my father’s name to my uncle in all my Ite, CouNSEL—*Now, Mrs, Keichart, was your uncle given to intoxicating drinks before he died ¢”? WITNESS (decidedly)—‘No, sir,’? CounsEL—"*Did he drink?” Witness—“lie drauk as every gentleman should.” CouNsEL—“How often was that? Witness (bowing)—"Whenever he felt like it’? [Langhter,} CouUNsEL— “How often was that?) Wirnass (bowing again)—‘“Impossible for me to say. n her further cross-examination the witness sald that drinks Were given to her uncle on the day le died, but she could not tell how often, she indig- nantly denied that sbe ever, cither directfy or indl- rectly, asked her uncle to leave her money, She said the will which was handed to her was not the same as the copy of the will she had, Her brotner’s name was where her son's was. She confessed that her uncle’s signature to the will was only a scrawl, but the ductor told ticr Wat didn’t matier as long as Witnesses were present. ‘This concluded the crosa-examination, and the bo vee adjourned to Thursday next, at twelve o'clock. A NAUGHTY SALT LAKE SAING, His Trial for Adultery—Too Many Wives, [From the Salt Lake (Mormon) Herald, Oct. 19.) In the Court yesterday, after the naturalization of several citizens in the usual form observed in this Court, the case of the People vs. Hawkins was taken up. Mr. Hawkins was indicted for aduliery with sarah Davis and Louisa Meyers, and on calitng the Jury but six of the regu!ar panel appeared. ‘Ihe Mar- shal was ordeged to procure thiity alditional tales- meu, bat Mr. Miner, for tie defence insisted that the regular panel should be exhausted belore talesmen are sworn, The Judge said that those jurors who had not re- ported should be fined $26 exch. ‘The first juror calied, Henry W. Lawrence, was excused, he belng under indictment for a somewhat simtiar olfence, Wultam Naylor was questioned by the prosecutin: attorney as to whether in his opimon a memper o1 the Mormon Church who J3 living with more than one woman as his wile is guilty of adultery. The witness said he dia not know that he had any belief on this subject. He was not a | olygamist, and had not given the subject any study. To the question, “Do you beileve that the doctrine of polygamy is @ revelaiton of God to the Church of Jesus Christ of Latter Day Saints?’ the witness answered, ‘“Yes.’? “Would It affect your verdict in @ case where polyg- amy is involved’? “No, sir, t Would not.” it, Miner interposed objections to all th: tions ou the ground that the defendant was not oa trial for bigamy or polygamy, which were not men- toned in the charge or the indictment and formed no part of the case, These questions are purely hypothetical. It has not been shown that the de- fenuant 18 @ Member of the Mormon Churcu or any orher Church, The prosecutor referred to the evidence adduced in the preliminary examination to justify tese questions, to which the counsel for the defence re- plied that such evidence could aot be quoted in this trial, The prosecuting attorney responded to tho effect that the facts in the case are suilicently un- derstood to form @ basis for such interrogations. ‘The Court ruled that the questions be answered. Jvror—L would render @ just verdict in accord. ance with the evidence. PROSECUTION—Suppose the fact should appear that defendant ls @ member of the Mormon Caurch and that he was living with more than one woman page ques~ 5 - —_—____———y; basis that a Mormon has aright to more th: wife, ee Miner denied that fe had used any oe ‘umen' “ine JUDGE said he understood the juror he believes in @ revelation trom Goa ‘Under Whine men may have more than one wile, and live wth them at the same time, and that tt would not be just to punish such persons for adultery. As a judicial om- cer he could not take cognizance of any such reve- lation, “My duty is to adminisier tue laws The juror is not competent to sit upon this case.” Mr. MINER excepted to the ruling; the prosecuting attorney prescn’ed some authorities, and the em- paneling of the jury proceeded slowly until tne entire jury had been empanelled, when the Cour} adjourned until ten o’clock this morning. Th fougest have yet to make their peremptory chals One or two of the jurors took occasion to ventilate their own prejudices on the subject. One elderly gentleman sald Ia eifect that he could not take the, instructions or the Court as to the Jaw on this sub- Ject Ut it did not come a & up to his views against Polygamy. in this case it was concluded that the Juror Would not be competent, FIRES IN WESTERN NEW YORK. The Conflagration Spreading—The Tonawanda Swamp in a Blaze. [From the Rochester Express, Oct. Sunday alternoon, towards renting haze seeined Lo come over the atmosphere, which, with warm, brisk winds, gave token that Indian suu- mer was at hand. This morning the sky is more hazy, with @ dull, smoky atiuosphere, and tne iear- tul fact Is becoming Kuown that the woods in many parts of Western New York—west, east and south of Rocnester—are in a biaze of tire. The weather is extremely dry, ‘There has been no rain of any amount since the last of August and that was ail absorbed by the parched earto. The swamps are mostly dry as tinder, and creeks and springs are lower than has been known for years, The terrible reports we have received from fires in Michigan and Wisconsin have increased — popular @pprehension, and more than usual care has been taken everywhere to prevent fires from spre: ing in exposed situations. In spite of all precau- tions there have been frequent reports that the fences along the lines of te railroad have taken Hire from engines, and to-day we have the most alarming accounts of destruction from every quar- ter, With rumors Of greater losses to follow, Unless & Tain aids the people who are fignting the dames, , ‘The extensive forests south and east of Corning,’ on the line of tho Erie Ratlway, are in flames, ani the piles of fre and smoking cihders covering the hills present a grand signt at night to the traveller along that road. It is not probable that muck farm property will be reached by these tires, and the greatest loss will be that of valuavle umber F Extensive fires are reported this morning from’ the Tonawanda swamps, four and a half miles south of Albion, ‘the fire here has started in two places, and, under the influcuce of @ strong breeze, 15 spreading rapidly, People trom the villages and neighboring farmers were Out on Satardayfand Sun- day nighis Sghtite the dames aud attempting ta prevent their spread, } From Meuaina we have a brief despatch informin us that big fires are raging in the woods south ol that village, but wuelr exact extent and location are not known. In the town of Hamlin, north of the ridge, exten- sive fires are reported in the woods. This 18 a rich Jarming country; but we do not hear that any injury has yet been done to crops and farm buildings. Farmers are out tignung the flames, and have beem tor two or three nights. Nearer still, fires ure burning in the woods west of Parma Centre, avout fifteea miles northwest of the city, The fire has been buruing two or three days and has extended to within three-quarters of a ule of the Vilage. The citizens are turning out to fight the fire, It 18 already threatening farm bulidings north of the woods, and Mr. burritt im- tended to remove his goods as fur as possible this morning. ‘Iwo other farmers, names not learned, were preparing to do the sam Another fire is reported oorth of Albion, in the woous, on Senator Cole’s iarm, Its extent is not learued. From Lyons we have an indefinite report that a large tire 14 raging in Une woods near that village. Yhere was wrumor thls morning that fire bad broken out in the town of Wheatiand, about twelve miles south of the city, but we cannot learn any- thing positive about it. ‘Tne iollowing have been recetved:. P ALBION, Oct. 23, 1871, Fire in the swamp four muiies south of Albion; burning yet; @ strong wind from the west, Al woods, hear Mout albiou, caught ure yesterday, aud ior awhile threatened the cemetery. Extn. guished this morning. BRuckrort, Oct. 23, 1871. ‘Thirty acres have been burned in Clarendon, Or- leans county. Bascow’s woods are still burning. ‘The woods nave been ditched around and men are on the watci. Damage 15 serious, but there are hopes of cessation. Men at work. The alarm 16 general, A tire started 1a Hamiin on Sate in Carpenter’s woods, ‘The swamps near are on ire, Several acres have been burned. ‘the loss is pot serious yet, but the res are sui varming, MEDINA, UCt, 23, 1871, It has been rumored for some days thac a tire hag been raging in the swamps souch of this place, but no serious apprehensions Were eutertalned by the Deopie O! Unis vicinity Ull yesterday, when tt wus re- ported tha, it had communicated with the timber and was spreading vortuward, he fire is said to have orginated on ‘Tusnly’s turm, in we town of Shelby, iu an old slashing, 1u the edge of the swamp, and las already devastated thousauds of acres ot woodland, vesides destroying thousands of bushels of grain, flelds of corn, and iu some instances dwelle logs and vavbuildings. As var as I can learn the tol- lowing persous are the suderers:—J. W. Caldweil, John ‘Siecargy, Lumicy Wierewick, barn aad four acres of corn; Daniel Chids, sider Cntlas, Boaja- min Freeman and Frank Wiitlaws, all of whom lose heavily, Mules of feuces are being destroyed, and the fre in the woods 1s stili raging, tending eaat aud north, A bright light was seen north of Lockport last might. ‘Ihe woods were supposed to be on fire, Up to one o’clock no despatch was received from that city. ALBION, N. Y., Oct. 28, 1871, A fire has been raging in the swamp ren South Barre for two or turee days, burning considerable rails and cordwood and e:.daugering farmuouses In the viciuity, ‘There 13 also @ Ore about two miles south of here in the woods. Yesterday the woods just soutband adjoining the cemelery caught fire aad burued considerabie, Lut has been extinguished Without damage to the cemelery. ‘Lhe woods in Carlton are ulso on fire. hie 18 hy ter | bere to-day, } enuis Churea’s cedar swamp in Riga caught arp gras station bert burn: ry it e ‘ae sles south of Cliil station. ‘Iweive wer beem burned over, Aainbalar iii Suace writing the above we learn that extensive fires are raging in Pivsford, Monroe county; Williamson, Sodus and near Clyde, Wayne county. In Hamiio ana Farina the tires have raged for several days. A large umount oi timber hus been cousumed, and & number of buildings are endan- gered, Tue people have been engaged in fignting the flames until nearly exhausted. ‘Their 0} 1s that rain may desceud aud extinguish wee le stroying element. FIRES FROM LOCOMOTIVES, To THe Epitoz oF THe HeRaLD;— It is universally known that ever since locomo tives have been traversing our country fires origt- nating with them have been the cause of the burn. ing of property along their routes, Dwellings, de- pots, bridges and other property, beth of railroad companies and otuers, have all along through the last thirty years been consumed by them. For a Ume It seemed a necessary evil, for there was no known means of prevention, Watehfuinesg and care would do and did much to ward off this class of accidents; but of late years recklessness hag been taking the place of care with both officers and employés, until it bas become true that ina jor= ity of the accidents by rail they are readily t1 to the Incompeteace or careiessaess of those to whom responsible charges are committed, With the increase of ratiroud “lines the dame ages from the coais aod sparks irom locos. motives have been rapidiy oo the iecrease, 40 that not here and tucre am Isolated case alone, but ravages of large tracts of country, wholesale destruction of property, demolished and cousumed trains of cars, with their precious human freight, and fires trom Kast vo West, from North to Sout testify to the risks to the pubile of these engines power. For the last two years, with the country threaded tu every direction by ratiroads, has tiie be- come notaoly and tncreasingty true, aad now has come the devastation and suflering so appalll ‘To how ro an extent this is justly attributable to scatiered fires froin rauroad trains cannot be de- termined, but that these fires are ia part the result of coals and sparks from locomotives ts well KNOWN. Under the present geueraliy prev: ing construction of the fire boxes of locomotive engines coals are constantly scattered irom them aloug the track and whirled by the rush of the train in ull airectt ons, Soardes aie though pert dangerous and Detter winged messe: o1 destraction, ’ adighenn ste nintegtoggerhoomnas In this stace of things—with the yearty in as his wife, would you consider it just to punish @ man who was obeying a revelation of God? Jveor—I could not say until I kaew something of the case. In answer to a question whether & mon _belleving in the revelation of polygamy and ilving with more than one wife snould be convicted of adultery the jo said, “No; no more than Abrabam, Isaac and De ja ‘The prosecuting attorney submitted that the ad- mission of the gentieman entitled hum to be excused from serving as @ juror in this case, In reply to tye counsel for defence the juror said there was no prejudice or feeling in his mind to pre- vent his giving @ verdict of guilty if the evidence in the case would suow that the defendant nad com- mitted adultery, and U he would have no hesita- tion in rendering such @ verdict against any person under the instructions of the Court on the law ap- piicable to the charge. In reply 10 the prosecution he satd he vould not see that @ man could commit adultery with his own wives, Mr. MINER said the indictment did not assame that the complainants were the wives of the des fendant and that the assumption apon which the questions of the prosecution Were made was irrele- vant to the case, The prosecuting attorney said that the Qounsel for the deience argued upoa the dangers and damages from these fires—t assumed that the ratiroad companies would adope any means within their reach that wouid insure safety to thelr own property and protection to the Bae and lives of the suilering public inst nus element, so terrivie when unconiroiled. “fo'the extent of their jaliure to apply such means for the prevention of these calamities are railroad compa nies morally and legally accountabie. The law and decisions are expiicit, and if there be appilances: that will render the fires of locomotives harmless to the country they traverse in the ordinary course of thetr service to’ the public, aud if raliroad com- ies, througn any false of economy or rough indifference or recklessness fail to use them, then should the Legisiatures enforce their tse with heavy penaities tor the neglect, and pase Such legal enactments as will make the oficers of railroads personally responsivie tor such wilful dig ty oy of the riglts and lives of the community. 18 source Of public and private calamity can Dé nd should be at au end, and the public press con- tinue to = attention to tius subject til the pablo Shall be tally imiormed of its rights and our hay tors be incueed to tuifll their ovligations to their Gia" Sbpy a nate ao eps pp! attainavie meaus re uon. Ww. ih BR. New Youx. Oot. 24 1871