The New York Herald Newspaper, November 7, 1871, Page 4

& THE [SPACTORS OF ELECTION The Motion for a Mandamus ‘to Compel the Mayor to Unmake His Appoint- ments of Inspectors Denied. Mayor Hail in Court as His Own Counsel-—He Reads His Own Affidavit, BARNARIVS JUBGE DECISION, Mandamas to compel the Mayor to appoint new In- epectora of election came up yesierday In the Court of Oyer and Terminer. Jucge Baraard (ook his Seat on the bench as carly as half-past ten o'clock. | Long velore that hour the court room was filled to overfiowing. A large number of reiorm notabilities Occupied seats within the railing and watched the Proceedings with the greatest interest. Sherk ecu? seat on the bench beside Judge pe forced by mandamus to alter it or to enasggpeegeodin articular way, or to unmake what he bee Your Honor cannot accede to any suc! as The moving papers of the Barnard, Ex-Depuiy Comptrolier Storrs and a | large contingent from the Comptroiler’s oMce ited | tue anie-room Jeading to the Grand J Judge Bernard having taken his seat, The Clerk having called on the case—the subject of 6 much interest—Mr. Sirahan made nis appli- cation in form fora writ of mandawus to compel the Mayor to remove some of the inspectors of elec- | ton their stead, The application was based upon afii- d@eviis Which have been already published. { in answer to these the Mayor read the affidavit of | Mr. Caréozo, Chief Clerk, in which that gentleman | YestiNed that in those cases in which it was stated THAT CERTAIN INSPECTORS Were not dt to nold their positions and couid not ond Coascientiously disoharge their duty, he had called | made or is made. Puttin upon the deponenté, and that they had informed | | HN dl i ry to before me, deponent instances the States. Bant, Coi any legal this ih z er of Deods fo BanNanD—l- = not think, fom the view T bo these proceedings, cat! Nit NEW YORK HERALD, TUESDAY, NOVEMBER. 7, 187L.—TKIPLE SHiwr, a a : Y . weohtht ‘oregoing aa the best answer to te A} the enormity and Sourlly erseting 0: to be autiol- ‘and which charges Lave during the twenty immediately pre- or the party as each per) ae aedion, magbinert of ie Oakey | A November, A. that it 13 at all n ‘that might arise here, discuss ‘questions 5 e part of the ple or or eisewhere, whether on the par yey rs having been ail contradicted, parcot them” an issue is created, & consequently that issue must ‘The case of The People vs. The Mayor [07 @ 4nd ve regularly held in ite or or and on the calendar and at the proper a being thus raised I must quash the motion for a mandamas and the plaintiffs may then roceed to try that issue pul he Circuit calendar of the Mayor HaLi—I rise, Your their case on urt for trial. poet, to move to guash the motion for a writ because on its faoe it calis for that which cannot be granted. Your Honor is too tamijiar with the law of mandamus uot to know that 2 man who nas the ment, when it appears mm the wer of appoint- morning papers aly made that appotniment, cannot thar he has atready ppt scaiaay which no Ly eaday next, and the snbstance ot tion is that by some novel proc: Se 4 shown, but for which a pre- autuority made. sophis- plainuft lection tors their e83 of law, for such ins] cedent 18 now sought to be made, some of these fegaily appoiiited inspectors are to’ De scooped ont uted 0 rf ' hers put in thelr piace. Your Honor is tur- pointed by him atid to appoint others in a — hp Py roneeey pa — { a board or individual is compelled to make an ap- intment, mandamuses have tssued to compel the Boara or maividnal to make the necessary ahaa ment; but no one ever heard of a mandamus being | issu auch appointment tn a of a particular individual. And, ed to compel the board or individual to make particular ge ted ieee moving to quash this writ, it seema to me, on the amMdevits oft the plaintists, that no issue can be it on the calendar for triai woula be something like the motion.once made before Your Honor at General Term, on a writ of Alm that they haa not made the afdavils from iu- | error, think tt was. You asked, What became of whe defendant? when some of the parties interested formation and belief, but from ‘opinion’ that the Guties. One of these deponents was James Heaiy, Who is running for Assembly in the First ward, and ‘Whose aMidavit set forth that the depouent had not @esirea to make the affidavit submitted by Mr. ; ant. Now, inspectors would not conscientious!y perform their | Tepiled that he WAS HUNG, a fact of which counsel in the case had been ignor- after these inspectors having performed | their antics to-morrow, It seems to me it would be | somewhat like trying U @lready hang. T the e case of the man Who was erefore ask Your Honor to dis- Straban, bu: had done so simply at the request of | miss the motion at once, as there isin reality no is- Mr. Jonn Foley, and that he did not know, except from hearsay, that there were any improper ap- Pointees acting as inapectors of election. ington street, stated that Fitzgerald, whose afldavit pcsitively in relation to improper parties having H been appointed as mspectors of election except from couversations with James Burns, one of such | Anspect ors. i An afidavit of Wm. McMahon, who had said that he knew iuspectors of election who had been noto- | tious repeacers. An affidavit of David J. McBride was to a similar ertect. | ‘The affidavit of Mr, Tarner, clerk in the Bureau of | Elections, was to the effect that Mr. Mimne, whose ailidavit had been submitted by Mr. Strahap, was ot gemuaee to act as inspector of election, as ne | ad far'ed Lo appear and take the oath prescribed by | law witvin twenty days after his ciection, and that therefore, his positiou,had been deemed vacant and Mayor Hail nad appointed one Middleton to fill it. ‘The Mayor then said that In answer tv those por- tions of the deponents’ afidavits which said that the Mayor had not appointed some inspectors whose | names liad deen submitted to him as having been | elected im the different wards le would read his bwn afiiiavit. THE MAYOWS AFFIDAVIT. SUPREMY Count.—Phe People in the Relation of John Foley | Wes A. Oley Hal', Muyor of the City of New York. H City anid Corrniy of New York, xo—A. Oakey Hall, being duly sworn, deposes and says that he is the defendant in the hove entitied action, and for the purpose of moving to quash the wrii of aliernative mandamus makes this aildavit: ‘He deposes that there are three hundred and ninety ciection | ‘as the in the county of New York, constructed, and Jaw phrases it, “established.” by him as Mayor : tr tame hundred electors aud to te calealey D " ors be the bass of the inst election retmras, aided by poll vooke be oe. residences of voters, in territorially constructing said disiricts be was aided by the Aidermen or Assistant Aldermen of the localities es. ponent anvexes hereto schedu'e A, ax cont: esuit o! 13s labors in the premises mentioned, Yai cee cnt, within » month prior to the electi Bimo belore the ‘iret day appointed sor arate, oe PBenced io woquaint himselt, as by roportiouate number in office of the inspectors da} elected by majority yote last autumn, o duly epportel xe being first en the poli of minority or unelected pectors,, That such 1us;ectors are elected b; ward tickets. 4 by, the Board publicly advertised in a iarge number of ne ; Bobedule denominated “Statement of County Ganraen to That the inspectors duly and mandatorily appointed as nil- nority ones by deponent were also duly named aad publicued in mans Lewepapers he wards hat the inspectors duly declared iast autumn Coanty Canvassers were only named and tors so elected or appointed and eo uoilfed of their election or shpointment to appear and be sworn tn before ant by the Chief ot the Election Bureau within twenty | days therea‘ter, or if not appearing then, to be ‘deemed t bao by such negiect vacated taeir otices, as tho statute de- clares. ‘That —-—-, ot the inspectors so duly elected or pointed, compiled with the law and are now Jee, Geponent aco*riained and found as aforceald ‘bat by operation of law the remaining wurpber of tors were not then in office uor entitied to ity except by volutméat, as in case of vacancy. That coponent, although « large number of the new d triots were territortully and numerical ones. and altho e! that by new district vacancies created believe, but was senting in duty di Hekets, inspe ap- fF there were , did not ao ough repre. “Of a Ward, Were, ag ciected by ward within a ward, and therefore entitied to serve in way any new districts, That accordingly deponen: in procecding to full! bis duis | of filling vacancies, proceeded substantially a8 eppeara in ® card annexed to bis prior aiidavit for a postponement. That feverthelecs a very iarge number of the inspectors so ap- Polated 1o il vacancies from amonr those elected or ap- pointes ; ment to daily more or less Tevisc the list aud 1ill vacancies, “That im schedue B, forme used tn mat: 4 Sppointments and filimg vacancies. upon each diay 01 registration a quorum of x Board of Luspectors, cither duly elected or duly appointed last aatumn or duly appointed this autumn wuto due vacancies, attended at registration pines. ‘faat one advantage of continuing in office on election day the inspectors who acted as registers is that they are most Ukety o rememoer the apy who on election day presesit themselves as voters and who previously giiended beiore such inspectors for registration, ‘and that iberefore depoffeut has endeavored as far as possi- bie to insist upon inspectors who have hitherto acted con- tnming to act upon election day, although aisposed, perhaps, to deciine or resigu. ‘That on the day and at the bour this writ was serred upon depouent there was not any vacancy/as deponent is in- formed and believes and after due péreonal inquiry into the same in the records of the Bureau of Elections) in the | office of the inspector in any one of the 39 election dis- | Urlete of ihe county of Rew York, but that eagh district at | two ce and faces of those voters the time of service of wee wre herein had iw democratic inspectors and one repubiican tuspector duly sworn ito office and acting. i ‘That acheduie ©, hereto annexed (and which is a copy of an | oficial document Unly publisbea in the leadin, pers of this morning) containg'a transcript. from official receede of Sy! loepector: o filling oMices aforesuid. | ie letras, ae alate fo soe aidan af Hlatplt toes | the two democratis Snape a al orgamitalton im democratic politics to which deponeut for nearly ten years has belonged, and he avers that the republican ones are wo ftar as he could asceriaup, and as be intendea them vo be) | Of that stripe o: republicenism known as the Greeley stripe, | and of the sivipe tuat believes in Tepublican faith without | thetr belief being controlied by oflice or hope of ofce, axa | are pot consequentiy of the #o-called Custom House clique. That deponent regards the office of inspector as a poh ‘omen, anu ao the Statute regards i, because it expressly. pro- vides (or reprosentation by two political parties: and there- fore 1s making up aypoiatments to vacancies in inspectors this deponent volects from the cewocrauc organization to | which he belo: witer bearing ad Dyn of sele ima to appo|nt. gation: py, énd appotats all otficers And deponent avers (iv anawer to the alie _ i) that while deponent may suffer, until the er comes, under partisan {ny crepes! Speculator, oF ae ~ ike, be wil OR KLy Ovcasion, without denial suffer himself to be charced with ingratitude or want of | tn politica: organization iat for Deariy ten years has Gon- | jauously and entoustastics onored him with polit bain Ys ieu shy d merece i nd deponcat denies that he has any surpielon, km OF Information audicient to jorm belie’ tach uate ta neg oh Jeetion to any one inspector on the scherule herete annexe and the ne to honesty or frawiuient practices, and wepone 6} the affidavit of Danie: Dradhy Brite papers. aaveow. | taining the only one allegation made by piatisih of aepooite | earnest? against all of tu the county, | gad after a mission by plainsi’of the most extensive inquicy allegation deponent immediately investigated, an the resuil appeating is the scant ct en herewith eab- t also eubmite other aMdavite distinct) Vy and reckieasly ihe plaintiff, who is hin oliice and suffrage, has wate genera showin If a cane ive a belief, ot Sree, masteriad allegation of the paint and Ys: co-a- ont avers it to be false that any of the inspectors by hie Were, to hls know!sige, unable to read oF | and that the contrary is toe ascertuined facts mas. | WOR as each ONE O1 Lhe Inepectors FuNeC 1bES AD Caih Oniet of the Biection Hurean, apd ie by lim, or one of assistants, examined ns to his utnes# as by siatale com. deponent further avers that the pisintifi has no fo law ag a plaints ins mendanus a sere to appoint Inepectors ot furtber avers tua: le has, an Me eotors of e'ection to Hil va and Of bis Gury. RSS ueoonent Curther avers tu resvect to the general | kt by the chief of the Election Bureau and bis | duly in ofice, aa | Bai | sue raised; a3 the honest } submitter ‘rhe Cot on bet Motion lone What view bad been subialited by Mr, Strahan, knew nothing | created here it would ad by him had | on the other side rebut! An aMdavit by James Fitzgeraid, of No. 393 Wash- | cRT—I think I take oi uncontradicted ailidavits Mectually aisposed of the case, there being no additional affidavits presented the facts set fortn, should have quashed this before, only that I was avout to tell you fit. An issue of fact having been be necessary to put the case the Circuit valendar of the oa for pie and it there it could not _be 64, in its possibly reac! regular orver, under three years trom to-day. That beg the case, and place to-morrow, and probab! elections within the period. o! ut such & Case On the calcndar. roper alternative under the circumstances for rt is to inform the counsel for the plaintidy would be The the that the motion must be quashed. | Otherwise than quashed. to absurd to be election having to take three or four other these three years, it It cannot be If counsel! wants the case goupon the calendar and to remain there for three years he can have 1t. — Hab said that it was no wonder that the case for the other side wi i vnc up inate to newspapers. 6d, he believed, ponent for the right through th purpos a weak one, asit nad ucnes public opinion layor Hall) had de- The pont io taken by his ns taken by his op- ¢ of setting public opinion e metiam of the newspal Judge BARNARD said that he had arri | opinion m the matter from facts patent in the ny | and he hoped that his decision would be subj ; to ee opinion through the medizm of the press, rr. ved at his SrRauaNn said that Mayor Hall had admitted that he had been talking for newspaper effect, but lar desi; inspec iP to him. i te ht of the or to ascribe a simi- fe Gorin to hint He eas tice to make an effort, | on behalf of the people, that proper men should act tors of election, that ballots should be 2 raitat | fairiy deposited an ; Gay. This was the vention of the jaw, power to appoint these lated that eremren ret be would NUT-WITTS, ly counted on election rit of the law, and the in- ingpectors. lt was contem- ORB: DADS..PWaP COUT ere Non-residents of | the Gistricts in which they were appointed to act, or mn | Who were Oi grossly immoral character. The slayor at | had said that no vacancies existed, but if ao ad a defeat | Made appointments which would resuit in appointed for registration, com. | by maklag onl law he was cirected, with | of the honest Intent of the law, or bad, in making these appointments, failed to ‘comply ‘with any of | the requirements of the Jaw, such | Were void, and vacancies did exist in | Gnd it was the object of this application to compei the Mayor to obey the spirit and intent of y Proper appointments. Judge BsRNARD—I find po feult with the state- appoiutments at such cases, the law, | ments made by counsel tn elation to tho spirit and intent of vie Jaw, or of the obligations of Mayor n general | Hall in respect thereto; but the trouble i3 that coun- sel has not conclusively shown that Mayor Hall had Violaied or intended to violate the 1aw; in fact, there Was nothing before him to indicate that Mayor Halt had made linpro) cles existed in tl pt | Tr, STRAEAN CON) upon by statute t became the duty of the Inspec. | affidavits that it had by advertisement , Of years ior Tamman! appointments, or thatiany vacan- 1 Office of tuspector of election. nded that he had shown by pean fe practice for a number a to appoint inspectors of ection in its own interest, and (hat the Tammany leaders had a representative In each watd to ascer- tain and report such men, wno were appointed on the Ne ce of such representatives, for I the special any Ha le purpose of furthering the ends of Tam- Judge Bannanp--I sce no difference tn the mode {nspec- | of conductin, witb cities ei elections were. Mr, STRABAN said fi In this city as compared In all cities, in al! elections ig. | held therein, all parties to such elections cheated ifferent fromthe old | When they got a Shae ug 4 many of the present in- | spectors of election had held office as such inspec- | LOrs, as appeared by bis affidavits, when ballot-box stuffing and false counting had been notoriously prevalent in their respective districta. Jud up an the his Mr. STR AHAN refui BARNARD reiterated that his mind was made that Mr. Strahan could elect to either have put on the Vircutt Court calendar or have application tor 4 mandamu: dented. to drew any form of order to have the case put on the calendar, saying that such @ course would place him In the postion of ac- quiescing in a step that Was equivalent toa denial hereto annexed, wppear the | Of the relief sought, Mayor Hatt, rising—Will your Honor nda! & moment? There wasa very respectable gentleman mto life, when he insisted that the sherift allow lim to reascend the gallows and to make a | Alleged to have been fatally beaven during s fight nm speech he had forgotton to make before being pre- | Forty-third street, near Second avenue, viously dropped off. But the sheriff very refused the request on the ground that he already hang. Judge B. on. That is my ‘answer. ARNARD then 1ormaily dented the applica- LUDLOW STREET JA{L DELIVERY, Sherif Brennan Refuses to Comply with Judge Baxpares Order. Among the prisoners in Ludlow Street Jau ordered by Judge Barnard to be released was one John Ken- ney. The order for his release was duly served on Sheriff Brennan, but the latter, 1t appears, had meantime taken counsel of his legal advisers, Messr: fe eg Bae & Vanderpoei, and as the resylt of su retused to y! elease Kenney. Yeas corpus, itis inderstood, Will eu OF ot app! mo a atnestey, ws pee the question a3 to bgt ged Barnard 18 robabl: hat Sud: be decidea. ight or Sheriff Brennan is right wi The general epposten is igé Barnard knows What he is al claimed on Sheriff Brennan's ut. It is part that Jud ard,bas no authoriiy under the statutes order such release, membered, came 4 before © said that it was the Sheriffs ave the order. This tae. it will be re- ‘udge Barnard when he uty to obey his order and look to him to back im up. SO@ETY AND ITS OUBLES. Miss Emily Dearborn Ewer lectured iast evening fie Society.” Get this prize, which ts often a blank, are educated to loo x {¢ i | Seode ofttrute te She suid that girls are educated to look Ont for husbands—they spend their best efforts to at Tr money fa" marriage,” Tis Gan wake ets sodster the show that marriage 18 hot a } pars civil Contract, but 4 tinion of souls. As it OW Exists marriage is atarce. But we think that Anew 97 riage wil stem 18 about be for all time to be maugurated. Mar- in this new era, We con- tend that be Bey reason for divorce is a want of harmony. | Steps in with re no tonger married and nature divorce. Extravagant notions of dress and furniture lead people to spend money Viet is not their own. In the prosent state of poli- ies there | Our Bhip of course shall be pursued? a State has reat work that belougs to somebody. fe, loundered, oral honesty must be \augit, The example of the City Fathers w tne young is bad trve men. Instead of ‘Tyeed, in th let us have true men, us. Us. Heth is Making pr ier proper place, | Wien wo ole and befogwed brains | press and and men vi th une pnipit moral. zation Of socie! Lospe y. terete test it mn We must lect Sweeny and Connolly ere is a it work before Hy oman is to have ie Worl? is open to her. ie extreme. ere will be fewer broken heads iter elections. rgely res] We hold the matble for the de. The pulpit t6 almost afraid restrict (he Gnagces What | | | | | | THE FIREMEN’S FRIEND. What Tom Fields, the Scrporation Attorney, Has to Say in His Defence—A Substantial “Di- vide’’—Two Hundred Thousand Dollars Couneel Fee Paid by the Firemen— Disiuterested Services. - Mr. Thomas Fields, the Corporation Attorney, 1 ke his great chief, ‘the Boas,” awaited his arrest, yesterday afternoon, at kis office. The moming pepers had apprised him that @ Saerit’s oficer would be looking after kim during tne day, but he disdained to bide from the humbler oficer of that Profession of which he himself ts go bright and shining alight When @ HEeRaxo reporter called upon Mr. Fielas yesterday afternoon he found the Corporation Attorney in wis private ofice, and surrounding the fire were a few consoling friends, who, with cigars and wine, endeavored to impart & cheortulness to the company which it certainly had no inherent power to put forth. There was about the group the kind of grim mirthfulness that pre- vatls at a funeral, Mr. Fields had an ancasy galt, and ny one of tne many easy chairs in the well furnished ofiice seemed quite easy enough for him. Catching the first glimpse of quietude that played ior a moment | around the capactous brow of the Corporation At- torney, the HBRALD reporter thought thata good opportunity for commencing ® conversation. “Mr, Fields, 1 presume you have some state- Ment to make im reference to this action that has been brought in the Sapreme Court against you, and about which the public mind is 50 agl- tated 1” ’ “Yes, sir; Ichall be glad to state what I think is the true view of the case.” “I will take it down exactly as you state it, sir, and give you the benefit of its publicity.” ‘These ciatms, then, sir, are claims for services rendered by certain-men as members of different fire companies located north of Eighty-sixth street. They were not voluntary fire companies, but were ‘appointed by the Commissioners created by an act authorizing @ paid fire department. They were appointed under tne same laws that regulated fire companies south of Eighty-sixth street. They were liable at ali times to do fire duty within the district fur which they were appointed. No provision was made for the pay- ment of their gervices, In 1863 s committee on their behalf called upon me and retained me as counsel to obtain for them proper compensation for their services. After an investigation of the matter 1 came to the conclusion that they had a just, legal and valid claim for payment for such services. I applied to tne Legislature for an appropriation to pay their claims. The act of 1869 provides for an audit of the claims and appropriated $50,000 to be paidon account of such sums as might be audited, The claims were audited by Mr. W. Lawrence, of the Comptroller's ollice, aa honest ard as incorruptible @ man as ever lived. I bad noting to do with the audit, Each foreman was obliged to present evidenves of the organization of his company, the name and number of men of his company; the time of the service of each one indi- vidual member was also required. He was also required to make afidavit of his appointment; the amount pald was regulated by that which was paid to firemen south of Elghty-sixth street, ‘Ine act of 1870 simply made provision to pay the amount of the claims guthorized to be audi py the act of 1869, Mr. Abbe, the late Fire Commissioner, appeared before the Committee in 1863, when the matter was before the Committee on Municipalities, and urged the passing of the clause io the Levy. The present suit, sir, is, as 18 ap- parent to everybody, merely an election docu- ment.” “That may be 80,” repited the reporter, “but per- ask you if there was way haps I maybe allowed Budit of these firemen’s accounts?” one jislature directed the Comptroller to ai “You have not the laws, have you, in which this audit was directed to be made, Mr. Fields?” which gave to the Mayor the | 1870, and that tne afidavits tee > : y i HY AE yay “GOING FOR” PUBLIC DOCUMENTS} THE COURTS. Alteged Attempted Larceny from the Register’s Office. Two Hundred and Sixty Mortgage Deeds in TJeopardy—A ferious “Practical Joke” Frus- trated by a Vigilant Watchman—Honest Indignation of the “Big Judge"— ‘ihe Accused Held in De- fault of $2,000 Bail. The quietude of the Tombs, which might almost have been considered a sanctum sanctorum, was suddenly and most unceremontously encroached upon at half-past eleven yesterday moruing. Tne Judge (Hogan) was sitting upon the bench examin- ing papers and the oMcers had huddied together into their corner , bewatling the: impecanions state of the city treasury or else the extreme scarcity of charbon, and discussing the collapse of the “repeat- ing crowd,” when a number of small boys rushed into the Gourt with their hats under thetr arms, the usual herald of Police Court sensations, They had but just taken their seats when the doors of the Court leading into the Egyptian porch were flung rutbiessly back on their hinges and the second portion of THE PROCSSION MADE IT3 APPEARANCE. First came officer Hugh Lynch, of the Twenty- sixth precinct, having in charge John Nevins, a re- cording clerk in the County Register’s office, Fol- lowing these, again, came Philip Smith and Hugh Brady, two wateamen employed in the sver's of papers, consisting of mortgages, deeds and trans. fers of property, wnich ought to have been safely lodged in their various pigeon holes. In the rear of these came a large, portly figure, with a heavy, full, cleanly-shaven face, and hair of that color which speaks of departing youthfuiness, cl osely mufled in @ winter overcoat, and bearing In nis left hand what might be mistaken for a London alderman’s insignia of ofice—a magnificent black ebony cane, with a old crown on the top of i Asthe general reader Giant really imagine, this personage was none other than the present Lf “BIG JUDGE’ CONNOLLY. Advancing to the rail which partitions the bench m the “vulgar’’ standing room, and presenzin; the gold end of nis cane to the Magistrate, he sai “he had not brought a voucher case, but a case ol &@ similar character; instead of vouchers they were dona fide morgage and transfer deeds that had n taken." mew hich is the prisoner” inquired the Judge on the bench. “Here he is,’’ said the man of large proportions, and he pointed to Nevins, who had half an inch of black “sticking plaster” on his nose. “What is the case, then *”? sald the former. “The case is simply this,” commenced the “Big” Judge, as he took the bundle or deeds from Brady and deposited them on the bench; “this man Bevins was employed in the Register’s Department asa recording clerk, and it was his duty to take charge of documents of this character. He knew where they were all kept, in fact. On saturday night, at about five minutes past six o'clock, when it was the duty of every man in the offices to discon- tinue labor for the week, Philip Smith, my special watchman, was in the room where Nevins was working and saw him with this bundie of papers on his arm wrapped up in a@ piece of newspaper. Smith accosted him oy set Hl | had kept 80 long, a8 every une el iy 1e. a jist axin’ up the dose of work I've had,’ said Nevins; ‘but no mather, it’s through now, and I'm goin’. Jist you go over to Stone’s, and we'll have a dhrink togither before I go home.’ “*PD ge. re, Garey parepers, John? I guess Pl take 4 rink, atid you'll have to give up that arcel of dades, or ’l!, Pl raize an alarm,’ replied n. my “Get out with ye, ye ould blockaeaa, and don’t till me me business, I know tt bether than any man in the office. Go over now, aud I'll follow ye this in- slant’ By this ime NEVINS HAD CARRIED THE PAPERS to another part of the rooms, and after Smith “Oh, yes, sir.” Mr. Fields searched for these laws and to the reporter the clauses of 1869 and 1870, In 1869 there was @ provision for an audit and the payment of $50,000. In 1870 there was a clause which provided for the payment of indefinite Claims without any audit. “I see there 1s nothing said about the $50,000 in ‘that you recet’ 459,977 79, and I further see ‘Olléi’s fault; the law provided ft.”? “You received the money, I see, Mr. Ficlas; did the men assign their claims to you? I presume, of course, it was only security for your fees,” “Oh, yes; the assignment of claims is common enough, and it was security for my fees.’” «The fee was on the ‘divide’ principle, I presume. Hot yao to state in whet proportions, Mr. Ss “Well, some companies paid me thirty-three per cent of their claims, otners seventeen percent,” °° “Exactly; or, in other words, flity per cent of the entire claim, which in round ures would be over two nundred thousand dollars. That I may consider as the counsel's fee.” “Yes; if counsel and client choose to agree upon tering 1 don’t know that it is anybody’s business.” “Of course it 1s nobody’s business but the parties concerned, Mr. Fields. That reminds me} pray, ave you seen this afternvon’s feiegram. It has & summarizing of the .affidavits m this case. I | | ghee hung and after execiHon he was galvanized | Ronrke, late of 305 East Forty-sixth street, who was H Ly ooper Institute before a small andience upon | Ferd Oral, Bovis! ANd political condition of “Our should like to ask you if the following is true.” Reporter reads:—“Duriug the session of the Legislature of 1870 Fielas obtained from said men an additional assigninent of seventeen per cent, which was very reluctantly given to him. Fie!ds represented that this additional percentage, or allowance, was necessary for special legislative porpoess, and that the men, if they did not grant it, would never get a damned dollar.’’ Towards the latter part of this interview Mr. Ficids was evidently under the impression that he was not gaining much for himself by this conversation, and, when the reporter nad finishid reading the above clause, he looked at Mr. Fields and Mr. Fields looked at the reporter. There was stience for a mo- ment, which Mr. Fields did not break, The reporter, in an off-hand manner, broke the silence by saying, “Ol course that is not true, Mr. Fields?” “shat is not true, sir.’’ “l presume, sir, that we are both pretty well through, and, therefore, I may wish you good day.” youdgod day, att, ana fam very miuch obliged to THE ALLEGED MURDER OF JOHN RCURKE. fon of the Mystery—Conflicting Testimony. The mystery connected with the death of John No Expla had made a threat of determination to ‘squeal’ Nevins puiled open @ drawer, unloosed the indta- rubber bands and let the deeds fall intoit. The deed: which were 260 in number, were in the hands o! the copyists and in the course of ransierred. Now, let me state,” continued the » “that I ‘was compelled to hire this Ronen as a a neanometinmets WU Wins man vo watch the public records at might after the attachés had left, but reused to allow me to appoint any one at the public expense, so I appoint one at my own cost. You know, j Judge, tnat I was not altogether unmmdful that I bad a few such enemies, and but for this man these would have doen lost und a general pubiic decia- mation would have been most probably the result. Weil, Nevins TRIED TO GET SMITH OVER 70 STONE'S before he would leave himseli, out the old man stuck to the papers and wouldn't ‘budge an inch.’ Now, Your Honor, I cannot see what benetit these deeds wonld be to any one. They were ail recorded, as all deeds ate that enter the oftice, even the minute of presentation being noted in the blotters Of the department, hence they would have been of Uttle value to him—they aro not like vouchers, you know. (A laugh.) Ofcourse. if they were destroyed, as they might have peep, as a piece of spitefulness against myself for the purpose of ratsing the public sentient against me, it would have occasioned con- siderable culty, but the object and intentions of the defendant I must leave jor you to determine after sifting the tacts, tao ig your defenco, Nevins?” asked the ‘ourt. “I can assure Yer Honor that tt was nothing more thin a practical joke phat 1 was tnrying to play upon one of me colleagues— that’s the end, sum and substance of the whole thing,” replied the defendant. “Well we'll take an examination anyway,” said the “big man,” in response to Judge Hogan’s re- commendation, “and them we shall perhaps see what's in it.” ‘The case was accordingly adjourned until two ooh. Nevins being locked up im the mean- while, At two o'clock Smith and Brady appeared, and the following afMdavit was filed. Smith could not exactly see why they shouid pick out one paper from 300, and at firsi objected to swear to the docu- ment or subscribe his name; but, on receiving an ee he kissed the Bible and seaied tne record;— nC ee OT ot ot City un , No Yorlv=! mi Xo. West Houston ated, duty award, depodte and bays, that on pey ot i ri th oe ty yh las (now jeionior em pt Go aw from the ofive of egiaer Of the County of New York. & public ofice, e nus r of ‘deeds and mortgages whicl had ea deposited im said office for record, one of said deeds be- {ng that of 2 Keilbach and Apna ha, bi Benry Henning, Fn dated October Si, 1 early on the erly Pra aed, | Morning or the 29th ultimo, has not yet been dis- pelled and ts not likely to be. Most of the important particulars have heretorore been published tn the HERALD, but they will pear repeating in brief. Coroner Young yesterday held an investigation, and the testimony adduced was very conflicting. Thomas and John Gilligan had a quarrei with F; ick Gorman, relative toa prize alleged to hat by the latter on an excursion of the Lar- kip Muskeleers @ week or two previous. About half-past one o'clock on the morning in question deceased and the Gill went to the stable where J0rman was emplo' for the purpose of picklug a fight with him, put Heving hg eeu. jou recel fair FY Gi Ded, whi 4 DUDE Fy de And fommen & neighborit af porter h mmenced an shalt on the Gilligana, both of whom were knocked jown with staves or other missiles, and: kicked or aten. Where deceased was at that time did not appear, and the red-shirted assailants, who were and aull remain unknown, epee John Gilligan swore before the Coroner that he was struck by @ policeman, but Captain Gunner produced the two Officers covering that post tnat he aud they tes- tified to not being tuere and knowing nothing what- ever concerning the fight for several hours after- Wards. Both deceas and the Gilligans had been drinking to excess, and it 1# possible the latter were mistaken about an officer veing present and participati im the fight. Nothing more Nay o7 of Lop ca fr over two coat er eae when he 0 'y msivie on the pave- wmént ata ‘his alt been far . There was evidence addi ceased had fractured. od to show that de- struck at all,and Dr. Marah, who Post-mortem examination, testified that the migal ave been produced by g fall. Frol testifuny presented the jury found “that deceased came td i2!8 death by fracture of the skull, the result of injuries regelved in some man- ner to them unknown.” ae All the parties who had been delaines *8 Wit noases were then discharged by Coroner Young. EAST NEWARK EXCITED, Burying Old Vogyism—The Free Bridge a Verity. Amid ali the excitement incidental to the eve of election day the people of East Newark, in Harrison townsiip, N.J., found time yesterday to rejoice in the accomplishment of a long-wisied-for fact— vhe making free of the old turnpike bridge which unites the two counties of Kesex Ui - son. At oue O'clock in the afiernoon te jou committee of the Boards of Freeholders of the two Counties met the Commission, and on receiving the deed paid over the $71,000. On the cousummation of the act being announced the gate tender threw Open the gates, And aiid tho booming of miniature cannonry tho briage was declared forever fred, ‘There was manifested a great deal of enthustasin, Out event wita a grad pucaie, tiswercs wee cobs, parade. Greworks, o ke h Speeches, Piece oF parcel of ground, with. ‘th situated on the sont side of Secon ween venue A end avenue B, in the Seventeenth ward, jeponent is employed ae watchman at the sald office of Registry, and on the day named saw said Nevins have in bis possession @ large but healtemptel 19 take from said office, but which Seponent Prevented him from doing; when said Nevins fonnd that de. ponent would not permit him to yandle of a of mortgare and transler papers he placed the con tents In a drawer ponent examined the con- tents of the bundie found it contained the deeds and mortgages as above act forth. PHILIP SMITH. Sworn to before me, this aixth day of November, 1871. EB, Hoan, Justice. The defendant was brought up from his cell and identified by Smith, pvt in aN to the question of defence now said, “I have nothing to say.’ He was ordered to find batt for $2,000, but not hav- Inga “friend” present he was again locked up to walt the action of the Grand Jury. NO YEI4OW FEVER IN SAVANNAR. SAVANNAH, Ga., Nov. 6, 1871. Reports boing siili tudustriougly circulated of the existence of yellow fever in Savannah, the agent of the Associated Prese has made special taquiry of the leading physicians of the city, the city authori- tics and at the hospitals aud among the people, and is authorized, and feels it bts duty, tostate that there is no foundation for such reports. Not only ts the city entirely free from yellow fever or any other infectious or epidemic di but Js remarkably fealthy. The reports atluded to have been i s. edly and Megat circulated in the face of the most positive denials. The pubilc may be assured ongthelr utter falsity, NAVAL INTELLIGENCE. Arriva! of the Usited States Steamer Swatara at Fortress Monroe. Forrress Moxnos, Nov. 4, 1871. The United States steamer Swatera, Lieutenant Commander W. N, Allen commanding, arrivea here 4 ~™ the West Indies, via Key West; all on men pan i at natgg etter tirana Sr a station two years, and retuftis tor 1-P0lT® #8 bri machinery is out of order and she needs @ gene. overhguling. She will probably go to the Norfolk Navy Yard ina day or two, when her oficers and men will be enon to other duty or given leave of absence while the repairs are being made, The officers o1 the Swatara are as follows:-— Lieutenant Commanding—Willam N. Alien. Lieutenant Commander and Executive aficer-—W. H, Whiting. Lieutenants--Edward Loognecker and Henry N. Mauney, Master—F. S, Prime, ot! te spatding, (er —H. T. on Ye engineer "Thomas Le Vanclain, Assistania—l, F. Strout, A. B. Bashford, H. H, a aianiie clerk Wiliam Burkett tO The health of tae saaadron in the West Indies ts very good. Department, the jatter carryibg an immense bundle | Conviction of a Counterfeiter—Asault on the High Seas—Heavy Sentence in the Court of General Sessions—A Warn- ing to City Desperadocs. UNITED STATES SUPREME CCUAT. Decistons—Inserances on the *teamer (i Norwioh—Usurious Loans to linilroad Companies—Liability of Sheriffs on Micgal Papere—Liabilities of Towboate—Validity ef the Sibley Tent Contract Affirmed. Wasgrxcton, Nov. 6, 1871. No. 131. The Howard Insurance Company vs, The Norwich ana New York Transportation Com- pany.—Error to the Ciroult vourt for Connecti- cut, The City of Norwich, a steamboat msured by the piaintif in error, collided witn a schooner 1 guch a manner as to cause her to take fire from her furnace, and her light ireight belag consumed, sank. Tho insurance company resisted the > ment of their insurance, on the ground that the loss ‘was occasioned by the collision, and not by fre. The Court below iustrucied the Jury that, if upon evidence they found that the boat would have cou- tinued to Zoat, so that she would have been lowed to a place of saiety, had the in m verdict must befcr the plaintiff, The jury so found, and their verdict was according. ‘the correctness of this tens ‘was the main question bere, where tt Was sustained and thc judgment was alfirmed. Mr. Justice Strong delivered the opinion. the Western Massachuselts Insurance Company vs, Same.—Error to same potat. This cause was argued with the above, and is also affirmed by the | same Justice. s No, 16L. The Junciton Railroad Company va, The Bank of Ashland,—Error of the Cireuit Court for | the District. of Indiana, The question tn this case | was chiefly whéther certain bonds of the ratlrond ‘ company transterred to the Chio Life and Trust Company, of which the Bank of Ashland was tle holder, Were transferred 10 the trust company in pursuance of a pi of bonds ora sale of them, | the detence ocing t the transaction Was @ pledge of the bonds for @ loan at usurious rates under the obarter of tne trust company, aod that the contract was therefore votd. ‘The Court be- low held the transaction to be a sale of the bonds, and this judgment was assigned as error, This Court now ey the view of the Court | below, And says that if it be admitted thas the trans- action wis @ loan, still tf was not usurious by the | laws of New York, where payment was to be made, It ts also said that the iaws of Ohio, authorizing raitr companies to sell their bonds and notes at such prices as they choose, is extended by equity to the spmeenie. Of other States authorized tw transact business in company im this cage were authorized 70 soll, al- though an Indiana corporation, Mr. Justice Bra‘t- ley delivered the opinion, No. 112. Bartle, ée., vs. Clise—Ervor to the Cir- cult Court for Wisconsin, This was an action for an escape against the delendant in error as Sheriff. The defeuce was that the writ wader which the prisoner was taken into custody was ne cueat In @ cause of action arising on contract and was vold on its face by the terms of tue State coustituiion, aud | afforded the Sueriil no proicction against iaise im- hat 1t sought, in fact, imprisonment for debt, whicit Was not permitted by tue State constituuon. was also pleaded tuat tie prisoncr had boon dis- charged on a writ of habeas corpus, but objection ‘was made that the prisoner ded before judgment Was pronounced and that tue opinion written in the cage should not be admitted as evidence. The Court below admitted the opinion and sustained the defence; tnis Court aitirms that good ground. Mr, Justice Swayne delivered the opinion, No. 171, Steamboat Syracuse vs. Langley.—Ap- peal from the Circutt Court of the Southern District of New York. This was alibel against the Syracuse for damages done to a canal boat while in her tow. ree below was for the libellant, and the Gnuso came ‘here, the, appellants claiming that by contract the canal boat was being towed at its own oo tient that there was no negligence on the part of those in charge of the Syracuse to make her responsible for the disaster. This Court say it is unnecessary to consider the question of the con- tract of towage, because, if there was such a con- tract re that the canal on bate eat we wn risk; still steamer tarot Regligence of those in charge of her, the canal boat pt id Although towing boat i not Steno en fhe aame responsibility as acommon those ¢1 in the man- carrier OP oan boars that the} exerclge reason able care, caution and maritime skill, Upon an examination of ,the evidence in Any,case It Js, cop: cluded danuitd. "ar, Justice Davis delivered the 9) No. 158. United Slates vs. Burns.—Appeal from tne Court of Claims, In this case the Court of Claims gave the plaintiff judgment for the use by the government of the Sibley tent, the plaintir being by assignment part owner of the contract made with the government by Major Sibley, The Gepartment had refused to pay on the ground that the payment would be @ violation of the army regu- lations. The Court ts of the opinion, from the facis found below, that the Sibley contract was valid, and that it is not withia the prohibitions of the army regulations peated, ‘The judgment is there- fore afirmed. Justice Field delivered ihe opinion. No. 166, Holliday vs. Kennard.—Error to Circuit Court for the Southern District of New York. In ‘his case the Court below gave Kennard judgment for the Joss of a ten thousand dollar packago by the Overland Stage Company; holding that robbery by the indians did not exonerate this carrier uniess he was without nogligence, which was fonnd. This Court affirm that judgment, substanti: sustam- ing the rulings beiow. Mr. Justice BI jey deliv- ered (he opinion. No. 170. United States vs. Noys, administrator of | Alecander.—Appeal from the Court of Claims. in ‘this case the Court of Claims gave judgment to the administration for arrears of pension alleged to be due to Mrs, Alexander under the act of 1553, taking the view that the provisions of thut act granted pen- sions under 1t from Mareh, 1848. This Gouri heid that in view of the action of the department in such cases for so long a period, aud considering certain claims of the law, the widow was not entitled to the nee prior to the date of the act, and that the judgment below was erroneous; it 13 therefore re- versed, and the canse remanded with directions to dismiss the petition, Mr. Justice Miller delivered the opinion. UNITED STATES CIRCUIT COUJT—CRIMINAL TRIALS. Yesterday Judge Benedict sat in the United States Circutt Court and resumed the trials of criminal cases:— Conviction of « Counterfeiter—“Not Guilty” and “Gullty,”’ The Uniled States va, Rhoda.—The defendant was Put upon his trial for having nad counterfeit money in his possession, with wtent to pass the same. Mr. Purdy and Mr. De Kay prosecuted on behalf of the government. Mr. Tremain defended the prisoner. ‘The principal witness for the prosecution was a derective in the Secret Service Department, @ Ger man, named Bauers, who deposed to the usual plan of operations with which those deteciives ara 80 famillsr, namely, worming themselves into the con- fidence of intended victims, and then gacrii them under the unsparing knife of justice. Baus gree to having obtained a ten dollar counterfelt bill from. the prisoner, for which ho paid him $3 50. A great deal of evidence was given iending to shoty that the accused had been connected with eounterfeiting operations In New Jersoy; and counsel for eee ant saught te excinde it on the ground that it did notin Co rot bear reference to the present ch: against the prisoner. The Court, however, thong] it otherwi mmasmuch as the transactions wi 80 Tecent as to show knowledge and intent on the part of the accused. Witnesses were produced to im- peach the character of Baners for ¢rath ond veracity. Some of them stated that they Would doubt his testimony in a case where he was personally concerned. On the other hand =Baners called a number of wit nesses to prove that he was @ man of good hye na and standing: that, in the language of one of the witnesses, ‘ne was a firat class man.” In Cages of this Kind it does not seem to be very perti- nent to inquire what a man’s religious belief is; yet we have noticed in this and other casca of a similar gha vee bead oo bg Magia putth , estio rently With no other object han to raise @ doubt as to whether a person uf a w particular religious profession would or would not tell the truth, jn Fngland if a person called as a | Witiiess says he ocd nol believe, 1m the Bibie or | Christianity his testimony i at once rejected; but it | there 18 no further question upon the score of bis religious belief, ih fr Tremain summed up the evidence for the defence in # concise and careful manner, ‘ane Acid for the government, was brief and to { dunge isenedtct did not delay the case with any intricacies of law. * The jury retired, und after a very brief consulta: tion returned into Court with their verdict. th. OLERK—Gentlemen, have you agreed upan a | verdict? ~~... FORBMAN—Yes, Prt vty? ULEenK—Is the prisoner guilty OF fot gue, FonEM AN— Not guilty, There was some movement among the jury. The Clerk looked ai the Judge and the Judge looked at the Clerk and at the jury, among whom | the announcement of the foreman had apparently caused surprise, There was some mistake, The Jury was then polled and the result was @ verdict of Mr. ‘Tremain moved that tho verdict frat an. | nounced should be entered. ‘The prisoner was then remanded. Sentences Upen Prisoners. George Hoffman was sentenced to three years at bard lavor tatue Queens county Penitentiary for | witnesses from further at fire not occurred, the | hie, and pence tie railroad | risoument, in case he aitempied to execute at; | ft, he takes an oath on tho Holy Book to tell the truth ‘7 Thursday next and an order be entered, Fe CY ET Se ices rere court, mer, derge Moats, rap On $1,000 bail. Alfeged Stabbing on the High “eas. Ne er cae tent eee charged with, stabbing Sidney Barber, R . on the Tia oe The Civil Jory Calendar. ‘The civil Jury calendar of this Court wilt be called at Clevemo'clock A. M. on Sedneogens sun matte ‘Woodruff. ut ‘ " COURT OF CYE2 AND TERMMER, ‘Trial of Izzy Lazarus Pestpencd. Before Judge Barnard. ry ‘The expecred trial of Iezy Lazarus for alieget fraudulent registrat’ a, set down for yesterday, at- tracted a large crowd. The Judge stated’ his taca- hold the court owi having to acl Nal aco Se a ordered the discharge of thé jury tellev ance untll again sam- to appear. No day was setdown for the moned | wal. SUPERIOR COURT—ENERAL TEQM. Before Jadges Monell and Jones. Wiliam R. W. Chambers vs, John W, Durand | et ai,--Order reversed, but without prejudice to & hew application (or anoiler order of arrest. | COUIT OF COMMON PLEAS—GENERAL TERM. | Decistons. i ‘The General Term of the Common Pieas Court | met yesterday aud rendered the following deol: j Boeee ee EA Si 4 Joh Graharn et at. v% John Pitzgerald ct a— | gudgment rendered; new wial ordered; costa ta abide event. , | Catharine Boatti(r vs. malt ola.) Tadaaen reversed; judgment absolute for defen sfoueon’ i ee = George C. Care.—dwigment ! affirmed, with costs. 1 Jane A. Van Loon ws, Agnes Lyons.-—Jud: 4 sraccleds ae = for defendant to ‘appeal to Court of Appeal Wittarn Broderick vs, The Mayor, éc., of New York,—Juagment reversed and new trial ordered. a P. aeons ts, Fernando Wood.—Ora aled from affirmed, ay D. Pond vs. John H, Clark.—Judgment re- raed. Joseph Pte bet Real Homan.—Jadgment re ed, Now trial ordered. wertcabetTe A. Daly vs. Nathan Randal.--Judgment rsed, with costs, | reMiliain H. Prine vs. B. Tracey et al. Judgment ‘ ed, with costa, wireman ‘esta ne bird Cea Bark of the | Commonwealt f‘udgiment affirmed. } ooronm D, Levins vs, Charies E, Buckley.—Judgment | aftirmed, hes McDonough vs Jonn McDonough.—Juag- 4 i it reversed. {Gon saun vs, Farley.—Judgment affirmed, wits, | costs. MARINE COURT. Before Judge Grass. Yesterday on the opening of the Court Mr, Furs- Man moved tiat the Court stand adjourned tn re- spect to the memory of Judge Dento, The motion seconded, Jndge Gross, after briefly alluding to 1g oinent avilities of the decuasc’ jurist, ad | journed the Court and ordered the clerk to make ap | entry of it on the minutes. i COURT OF GENERAL SESSIONS, la Notort Rough Sentenced to Filtece | Years’? Hard Labor at Sing Sing-Judge | Bedford's Opening Address. Too November term of the General Sessions was opened yesterday, Cliy Judge Bedford presiding. ‘The very first case on the calendar was that.of @ charge of ROBBERY iN THE FIRST DEGRES, Ler, against @ notorious rough and midnight prowler, named Peter Farlacher. From the subjoined report of the case and its result on the verdict and sen- tence, 1 will be seen that the violators of the law, whenever brought up fos trial and judgment, will recelve no meroy at the hands of the Court, These reckless aud wicked men who render our streets unsafe for tra vel after dark, nave their hands ever raised to strike down the nasuspooiing and unwary, and -~vs muoe wo Taught that the strong arm of the law ts all powerful to strike them and to deal eut that punishment whieh the measure of their crimes demands, Judge Bedford’s seatence in the case ts an assurance to the citizens that their livea and properties will. pe rendered as safe and secure to them as @ fearless exercise of the law over criminals can be ee for that purpose. Peter Furlacher, & young desperado, was charged with robbery in the first degree, under the following circumstances:— Daniel O’Halloran, the complainant, swore that he was a stone mason and resided at 442 West Fifty. fourth street; that on the night of the 17th of Oste- | ber, while pasting aloug throng Fitty-third strect, between the Ninth and Tentn avennes, he was ap- [eae tg the prisoner and another mau; the pris. onor asked if he (O'Halloran) had five ceuts, and said, with an oath, that they would see whe- ther he had or not, and immediately gave hin, to nse his expression, a ‘chuck in =6the neck, whereupon is confederate seized O'Halloran by the arm, thrust his hands ite hia pocket aad took out the pocket book, which contained four $5 pills, three $1 and soiae smatl currency, He then had the coolness to retarn tue empty pocketbook, and ia company with the pris- oner went down the Teuth avenue. The complain- @nt said the reason why he did not shout for het; when being attacked and robbed, was that ne he: ; 80 much talk"pbout shooting and stabbing that he | Was afraid if Le made auy resistance ue would be | stavbed. Shortly after he was robbed he made Known his loss to @ policeman, and on the succced- ing Friday pomted ine prisoner out to the officer, | Positively identiiying him as one of t ighway- men. There were no other men near at the ume of the occurrence except the prisoner and bis hip eoe | jon, who, unfortunately eluded the vigilance , @uthorities by getting out of the way, | OMicer McMurray testified the complainant ind that he arrested the prisoner on the 2th. The complaiming witness first pointed the accused out on the street aud alterwards said, when the met was brought to the station house, “£ think that isthe man; but when he had a@ front view of his face said, ‘That is the man.’’ Pever Furlacher was sworn in his own behalf and frankly admitted that he met O' Halloran that night, who, when he asked him, gave five cents, but ne aid not know what the other icilow did, The ac- cused denied striking or having anytning to do with robbing him. According toe Furiacher O'Halloran was hast! drunk and asked where Fifty-fourth street was. ‘The defendant said he was @ norseshoer, and lived on the corner of Fifty-third street and Ntuth avenue, Tne jury placed no credence tn his story, Tor without leaving thelr seats they promptly ren- dered @ verdict of guilty, The prosecuting officer (Mr. Sullivan) moved for Sentence, and said that there were tour cases against tne prisuner marked on the calendar, lie sent for thé papera and discovered that they were soparate charges Of assault and batiery, but that there was no robbery case other than the one qj Which the prisoner was just tried and convicted SENTENCE. Judge Bedford, in passing sentence, sald:—'1 entirely agree with the jury tu the rendition of thew verdict jn this case, Itia a clear case of highway robbery; and honest citizens must be protected at bight against thieves, roughs and ruflans, There are four cases agalnst you th the District Attorney’s omce, and 1 am informed by the oficer that you are # well-known rough and roMen, and that 1s, go With thieves. For the welfare of society { shall send you to the Stase Prison ot hard labor tor the term of fliteen years.’? THR DRATH OF JUDGE DRNIO, Before the jury were discharged for the day Mr. Sullivan announced the death of Ohiet Justice Ponies and paid an eloquent tribute to the deceased fudge, saying that there never had sat upon the bencn of any of the courts in this State a lawyer who adorned the Bench with greater learmug, With more power of discrimation in reference to the law relating to the diferent cases which came pefore him, or with more uprightness of character, Fle pow waar requested to direct that an officiat notice of the death of Judge Denio be made upon the minutes of the Conrt. ‘ Judge BEDvORD sald:—1 entirely agree, Mr, Sulll~ van, in the eulogistic remarks which havo just emanated from your lips. ‘The lamented deceasod was Widely known and highly Serie vy pi ba His death has deprived the Beach of one of ti brightest ments. Bory Mark ot respect let the Conte stand adjourned one sae . BROOKLYN COURTS, wt SUPREME COUT, pie The Fisk=Mansficld Sensation. The case of James Fisk, Jr., against Edward Stokes, Helen Manaield and others camo up again in Ute Brooklyn Supreme Court yesterday, on the motion to have the defendants show cause why the temporary injunction restraining them from making te an Ss 1 wae Padeuey bowweeh Fisk and Mrs, Mansfeld should not be made permanent. Judge Pratt said that it would not ve of any use for counsel to make argumenis ag to the Injunction, as he had determined to grant the movon tochange the venue to York, and, consequontiy. that would be tue proper place to apply for the con. Unuance of Fay actlon. He would not file bia decision antil Wedoesday, and che counsel for Mr. Fisk might think the matter over, aud if he thongs it proper mignt appeal from tue order of tie Court oramend the motion in question, ‘Tho counsel Spproxed of this and the case went over une eduagday,