The New York Herald Newspaper, December 12, 1871, Page 8

8 THE COURTS. Decisions in the United States Supreme Court. Wetes of Ise—Business in the Court of Oyer and Terminer—Illegal Registration Pun- ished—The Jury Tampering Case—Decisions. UNITED STATES SUPREME COURT. Important Decisions—Judgment Against the Ony of Richmond—The Issue of Currency During the Rebellion—Suit Against the Pro. prieters of the Intelligencer for a Loan. WasHINGTON, Dec. 11, 1871, No. 17. Stockwell Cutler vs. The United States— Error to the Ciroutt Court for Maine.—This was an potion of dedt brought by the government to recover the amount of forfeiture and penalties clalmed on Account of alleged violations of the revenue laws in 6 importation of shingles from New Bronswick by Beavers ‘arm, ‘The arm was represented by Stockwell, and the Court below charged that his cts bound the frm. The judgment was for the Reape. and this Court now afirms it, holding ia such a proceeding the knowleige of one of she frm was the knowledge of the firm. Mr. Jus- pad Swayne delivered the opinion. Dissenting, justices Field, Miller and Bradiey. No, 22, Bvans et al. vs. The City of Richmond— Frrorto the Olrcuit Court for Virginia.—This is an ction brought agalast the city to recover on certain otes of a denomination Jess than five dollars, issued by its authority during the year 1861, Tne Court below held that the notes were void, because in violation of the city charter, by which where was no wer to issue them; because issued in violation f the laws of the United States, being issned in ald Df the rebellion; because they Were issued In viola- tion of the State constitution, which specially pro- Vides that no appropriation shall eyer be made for the payment of any debt created in the name of the State by the rebel authorities In power during the War. This Court affirms the judgment, Mr. Justice Bradiey delivered the opinion, No, 82, Tarbiville et al. vs, Houston, Admini stra- Yor—Error to the Circuit Dourt of Tentessee. —This uit was brought by Houston, a citizen of Kentucky, 4 the administrator of one Van Leen, against the laintiff in error, to recover on notes given by them the deceased. The letters of admin istration were ted by the Tennessee authorities, and it was leaded in abatement that as admiuistrator of fan Leen, Houston was not acitizen of Kentucky, it the creature of the laws of Tennessee apd there- fore not entkled to sue the debtors of the estate in e federal court, and this question of jurisdiction is e only point in the case. This Court hold dhat the executors, or administrators, if they are eiizens of a different State from the party ued, may maintain sult in the Clrcutt Court om the ground that they are real parties Interested, and succeed to ali the rights of the testa- ie intestate by operation of law, and it makes no ference that tho testator or iutestate were citl- Bens of the same State with the defendants, nor ts ‘the status of the parties affected by the fact that the creditors and jegatees of the aecedent are citl- ns of the same State with the defendants. The \agment below, of the same effect, 1s affirmed, 4 Justice Davis delivered the opinion. No, 83. A similar case, 18 disposed of by the decl- Bion in the above, No, 18. Lomson et al, vs, Smaliey.—Error to the Bupreme Court of Nebraska. This was a contest poneerning the pre-emption of certain lands tn Omaha, Neb., involying only an issue of fact, which julted below in favor of the defendant in error. ‘he judgment is affirmed here. Mr. Justice Miller Gelivered the opinion, No, 72, Gerger and Crongle vs, Farwell et al— Error to the Circuit Court for Missouri, This was an action of assumpslt on a promissory note against $he endorser, the defence to wich was that the en- forsement was without consideration. The judg- ent WAS inst the endorser and it 1s affirmed ere. Mr. Justice Davis delivered the opinion. No. 49, Wedd, Trustee, &c., vs. Shark.—Error to the Supreme Court of the District of Columbia. In this case the First National Bank of Washington Joaned to Snow, Coyle & Co., proprietors of the dnieliigencer newspaper, $5, on their prinung ress, Which Was Lo be paid at the rate of $500 per eck, the Intelligencer still to have the press in | od None of this loan was paid; but vetore the NK proceeded to take possession of the press the eons of the building im which it was located evied upon it in an action for rent, and the Court below held that the lien of the landiord for rent fence the lien of the deed of trust to Webb fo secure the bank. The Court here aflirm the judgment. Justice Bradley delivered the opinion. No. 68. Toof et al. vs, Martin, Assignee tn Bank- rupicy.—Appeal from the Circuit Court for Arkan- fas, This was @ proceeding brought by Martin, as Basignee in bankruptcy, to cancel certain convey- ces made in fraud after the Bankrupt act. The jegations were held to be established In the Court ow, and thé decree was forthe assignee. This Jourt take the same view and affirm the decree, Justice Field delivered the opinion. No. 14. Jonnson et al. vs. Towsley—Error to the Bupreme Court of Nebraska.—This was a bill filed by Towsley to compel Johnson, the patentee of cer- in ands near Omaha, and his grantees, to surren- ler to him their utles, on the ground that he had a aild pre-emption to the lands at the ume li was tered by Jolinson, The judgment, on the facts ven, was for the compiainant below, and it ts af- rmed here. Mr. Justice Allller delivered the oplaion bf this Court. Mr. Justice Clifford dissented. Nos. 43 and 44. The United States vs, Clyde and Clyde vs. The United States—Appeals from the Dourt of Ciaims,—The question in these cases of ap- peals was whether, after the charter of a boat by ke htt and its entrance upon duty, the ua rmaster General can reduce the compensa- jon against the wish of the owner. The Court low Leid that such officer had no such arbiirary power and allowed the owner to recover, at the Charter rates to the date of his knowledge of the re- uction, but for ail the time the boats were in ser- ice alter Lue Knowledge it was heid that they were voluntarily leftin the service at the reduced rates, and he recovery was accordingly. This Court hold that Biter the Gate of the Quartermaster Geuerai’s order Gisapproving of the charter party the case was one ge dispute at least, if not of acquiescence, and that he claimant having received at the reduced rates nd receipted fn full, his action must be taken as Rviuence thathe bag? Se that amount as a satisfac: Aion of the claim. @ judgment is reversed, with Birections to dismiss the bill as vo this claim, In re- Bpect of anovwer claim, which the Court of Claims Fefused to entertain for informaiity, they are rected to proceed to hearing on it Mr, Justice radiey delivered the opinion, Mr. Justice Ficid issented, No. 63. The United States vs. Kimbvall—Appeni from the Court of Clatms.—fhe Court reverses a judgment of the claimant against the United States jor the use of the bark Annie and for damages ed to have been caused to the vessel by the fault f the government, holding that a case for recovery not shown. The opinion was delivered by Mr. justice Swayne. No. 84, Ward vs. the State of Maryland—Error bo the Supreme Court of Maryland.—In tiis case the l@intit In error was Indicted in the State Court for Jolating the statute against sales by sample by non- esidents, without license, and the Court aifirmed the ight of the State to exactthe license, This Court oid that the statute of Maryland is a violation of hat clause o! the constitution which guarantees to citizens of each Stare the rights, pv nenee, &e., ! citizens in the several States, and that tt is, there- ore, voll; bat the view is taken that It is nota jolauon of the commercial clause of the constitu- jon, if the taxon residents and non-residents ts qually laid. Mr. Justice Clifford delivered the Ppinion of the Court. Mr. Justice Bradiey brat urred in the opinion as to the first ranch of the decision, but dissented as o the second, holding that the statute 1s a olation of the commercial clanse of the constitu. 1on, Lecause it is a regulation of commerce between he States, and that it is repugnant to this Clause of he constituuon without regard to the equality of be tax, No. Phenix IAfe Insurance Company vs, Bai- ley.—The Court below decreed that a policy of in- Burance issued by the company and held by Mrs. Batiey on her husband's life should be surrenderea for caucellation, on the ground that it was ovtaimed wy traud on the company. It was here urged that a Paar of equity will not interfere in such @ case, here (he question to be decided was wheihor 4 Fepresentation was true or false; out the Uourt | Were of a different opinion and affirmed the decree. Mr. Justice Clifford delivered vue opinion. SUPREME COURT—GENERAL TERM, Special Orders Regarding Notes of Issue, Before Judges sngrabam, Barnard apd Cardozo, New notes of issue in all Cases must be fled with the Clerk ten days before the 1st of January. It ts giso ordered that all notes of issue will slate the ae of the Judge or referee vy whom the order or vagment appealed from was issued, and in case ee sue MA DOr 60 stated therein the Clerk 1s iFectod not to place the cause on tho calender, COURT OF OVER AND TERMINER, rh and Sentences—Two Cases of legal Registration Disposed Of and the Parties Sent to State Prison. Before Judge Ingraham. This Court met at eleven o'clock yesterday morn- The court room was depeely crowded, The business was PLEAS AND ®RNTENCES, Whew Kenpedy pleaggd guilty 19 plealing & Psciduy jidae'oredy—how 147 $94, 663, 1044, NEW YORK HERALD, TUESDAY, DECEMBER 12, 1871—TRIPLE SHEET. Poctetnoek, containing $51 86, from George Forres- , and was sentenced one year to State Prison, Joseph Hall coniessed to burglary in the first de- gree, Sentenced to State Prison for five years. Albert McGurder pleaded gauity to stealing cloth- ing. Sentenced for one year and six months to State Prison, A HIGHER TRIBUNAL. Next on the calen for trial was Henry T. Wil- Mamas, accused of stealing a watch and chain. It was announced that he had died of smallpox in the pa te mm and gone toa bigher wibunal., Ratio i ALLEGED ILLEGAL REGISTRATION. John Pettit was placed on trial for alleged illegal registration on the Lith of October last in the First and Second Election districts in the Fourth ward, Mr. William F. Kintzing defenaing the prisoner and Colonel Fellows conducting the prosecution. The jatter, after stating the facts which he proposed to prove to the jury, read the statute under which the risaner was indicted and the penalty attaching to violation. richard Dowling testified that he was an election yspector in the First district of the Fourth ward; that he wrote the name of John Pettit appearing on the registration book; the name was copied from }oose slips of paper; he did not know the prisoner, Francis Kerrigan, an election inspector in the same district, testified that the name of John Pettit wason his list; he could not tell whether this person was the prisoner; he woula swear that some one giving the ge presented himself for registrauon d pegistered. “rhe next witness called was John O'Connor, an appointed inspector of election in the same district ofthe Fourth ward, who stated that all he knew of @ person named John Pettit being registered was his name being on tne registered list. Michael Shorey knew the prisoner; he saw him pan vad im the First district of the Fourth ward; Petlt gave his residence as No, 25 Frankfort street: he was there as republican challenger and remained all agi be took down all the names of those regis- vwering. r Some étscussion ensued as to the admission of the registration books as evidence. The Court admitted all excepting one shown to be a copy of a copy. James J, Ferris, inspector tu the Second Election district of the Fourth ward, did not know the pris- oner and could not say that he saw him on the reg- istration day in question; the same John Pettit headed his list with residence given as No, 27 Roose- velt street. John H. O'Gonor, mspector in the same district, could not identify the prisoner as being registered. A.J. Aaron testified that the prisoner appeared for registration at the Second district and gave his name as John Pettit. He was a chalienger and Kept a list of tiose registering, and on this list was the prisoner’s mame, taken down directly after his registration. ‘The above closed the testimony for the prosecu- cution, Mr. Kintaing said he would rest here also, The summing up_followed, in which both Colonel Fellows and Mr. Kintzing acquitted themselves with their customary seal and ability, after which the Judge briefly but clearly charged the jury, at the conciusion of which they retired to deliberate upon ther verdict. After some halt hour’s absence the jury rendered a verdict of guilty. The Judge com- mented upon the gravity of the offence, and the ee ip being the first conviction under the new law he felt disposed to be lenient, and therefore sentenced him to only two years in State Prison. ‘The prisoner, who, by the way, used to be Chairman of the Tammany Committee in the First ward, took the sentence very coolly, MORE PLEAS AND SENTENCES. Thomas Wilson, @ colored man, plead gullty to poreey, in the third degree. Sentenced one year State Prison. William Blakely plead guilty or till-tapping. Re- Mmanded for sentence, Frank Langdon, giso colored, pleaded guilty to stealing clothing, He gave intoxication as his ex- cuse, Which was by the complainant. Sen- tenced two years and six months to State Prison. James Shay, aged sixteen, accused of robbery, Mid discharged, there being no evidence against im. THE CASE OF 122Y LAZARUS, 127; apd recently tried for alleged fie; registration in the Seventh ward, when the jury dis- Sgreed, withdrew his plea of guilty upon advice of Mr. Kintzing, assigned by he Court to defend him. The Court said there were some extenuating cir- cumstances in his case, and therefore would infitct upon him the lightest punishment allowed by the statute—one year in State Prison. TRIAL AND ACQUITTAL, Robert Johnson and Peter Gleason were next arraigned and tried, charged with burglary in the third degree in breaking into the dry goods store of Mr. Oppeheimer, No. 64 Baxter stieet, on the night of the 8d of last November, and goods of the value of $250 atolen. The evidence showed that a bur- giary had been committed, but could not trace it to the ‘prisoners. A portion of the goods, however, Was found in their possession, or, rather, where they were found sleeping in an unoccupied base- ment, The jury acquitted them, SUPREME COURT—CHAMBERS. Decisions. By Judge Brady. Michasl vs, Michael.—Motion granted; opinion. Gertil vs, Jacoby.—Motion denied. Depew vs. Dewey.—Reterred as to one question; see opinion. The Groton Savings Bank vs, Seeball et al.—Mo- tion granted. Donety vs. Reeves.—See opinion. Butterworth vs. Volkenning, and James vs. Same.— Motions denied, Marsh vs. Salamon.—Order settled. dn re Mary Ann Anderson.—linal order as to custody of child made, SUPERIOR COURT—CIRCUIT. Tampering With the Jury in the Black Friday Case. Before Judge McCunn. ‘The Jurors in the Biack Friday suit who testified on Saturday to having been improperly approached ‘with view to influence their minds, were in attend- ance at noon to-day to have their testimony read, revised and sworn to, This being done~which took some time, the testimony being voluminous—the Qourt ordered a copy of the same to be sent to the Grand Jury, another has & to District Attorney Gar- vin and retained a copy for itself. The next step in ee eae following the argument sct down tor to-day in the Special Term of the motion to set aside the verdict, ts to bide patlenuy the action of the Grand Jury 18 the premises, SUPERIOR COURT—SPECIAL TERM. Decisions. By Judge Spencer. Christian E. Dolivan vs. George Simmonson,—I deny this motion, $10 costs, but defendants have two days’ notice of settlement of order before me in part two. Edwin M. Wright vs. Elisha Bloomer.—Order signed, See memorenda. St. Luke’s Home Jor Indigent Christian Females vs. The <Associativn for the Reltef of Respectable Aged Indigent Females.—Motton dented, with cost, to abide event. Renssalaer B, Winchell vs. Wm. H. Schootey.— See opinion. Austin Huger vs, Eltza Schoewtg.—See decision. Peter H. Vandervoort vs. Wi, S Sears et al.— See opinion. Win, J. Hughes vs. Henry Juttie.—Order signed. By Judge Freedman. Wm. A. C. Ryan vs, Robert M. Waite.——Order granted. Wm. Turnstile vs, Myer Rosenthal.—Motion dis- missed. Joseph R. Stuyvesant vs, Gotllied Grierster,— Order granted. Susannah Bausch vs, Louis Muller et al.—Same, COURT OF COMMON PLEAS—SPECIAL TE iM. Decisions. By Judge Larremore, Brown vs. Terry.—Default opened and defendant allowed to reverse auswer on payment of costs of Motion and disbursements of judgment, Boyden vs, McLaughlin.—Motion granted, O'Farrell vs. Marshall,—Motion dented, Lawrence vs. March.—Motion denied, with costs, to abide event. Hayes vs, Wilie.—Application denied, By Judge Rovinson, Holyowe vs, Brown @ Harrison.—Findings of fact and law flied; accounting ordered before D, 0. Cal- vin, referee, MARINE COURT—PART |. Important to W housemen. Belore Judge Alker. Ridlet et al. ve, Meyer.—This case, which has oc- Cupled the Court nearly three days, was concluded yesterday, the jury rendering a verdict tn favor of the plaintiffs tw the extent of the Court's jurisdic- tion, $1,000, The piaintits, in May, 1870, received froin Cowie Rica & consignment of 830 bags of coffee, which they svored witn the defendant, a warehouse keeper, at which time they claim it to have been in perfect condition and at # subsequent time when 106 bage of It were wold. In October, however, when new samples we rawn in order to dispose of the valance it waa found to have acquired a emell re- sembiing tar or creosote, In Consequence of which lated in value Lo the extent of cwo and 4 bail cents per pound, gold. The plaintiffs claim Was for chia joas. On investigation this same odor was found Ww prevail in the delendauts’ warenouse and Yo proceed from & oF of painted or varnished Gotton tes or iron hoops, stored on the first floor. he principal defence was that guarding against Odors was more than such ordinary care as ware- house Respers are Togaised Lo use. sate for ia te fo ‘or platotids, Evarts, Southmayd and Choate; for defendant, Townsend, Dyett aud Gadscumidt, * COURT CALENOARS—THIS Oay. ScrRewe COURT—SrEciAL TERM—Held by Judge Barnard—Heid in Chambers of Board of Supervise ora,—Nos, 179, 180, 181, 168, 184, 185, 186, ie 190, 191, 192, 193, 194, 198, 196, 197, 108, 200," 201, oz 08, 204, beg Ba 207, 208, 209, 210, 211, 237, UPREME OOURT—OiR0UIT—Part 1—Held by Ju io Brunt. jos, 101, 329, 685, 699, 705, 261, Ziv, 21], 217, 261, 235, 895, 658, 691, 687, 728. ' Part 1024 20, 200, 410, 149, 978, 418, 420, 49%, 424, 42, se oPneME COURT—CHAMBRRS—Held by Judge Car- 40z0,—Nos, 183, 179, 180. Call 200, <Sciemmon, Cover Tata Ze Pert ay by 1d lonell.—Nos. * Joe Tete oon isn, 341, is, ba 1185, "1255, I tat ok oes an > NTO O18 a eMMGN TLEAS-ORNERAL Tenw—Held by Judges Daley, Robinson and Loew.—Nos, 62, 70, 15, 16, 17, 94, 81, 44 41, 54, 69, 67, 68, 76, 05, 105, 116, 78. br 1—Held by ComMON PLEAS—TRIAL TERM—Part Judge J. F. Daly.—Nos, 345, 393, 1027, 727, 946, v47, 1136, 1801, 876, 1028, 1829, 68, 192, 514, 832, 408, et ag ig ag 172, ‘1048, 1084, 241, 932, MaRINE CourT—TRIAL TERM—Part 1—Held Judge Alker.—Nos, 7784, 6343, 69383, 7’ 3 7273, 7228, 6728, 7492, 7493, 7494, 7602, 7 7506. Part 2—Held by Judge Shea.—Nos. 7431, 7432, 6848, 7354, 7331, 658034, 7237, 7347, 7215, 7044, 1288, 6577, 7160, 7441. Part’ 3—Hela by Judge Joacnimsen.— Nos, 8154, 6835, 7954, 8087, 8187, 8158, 8221, 8266, 8267, 8058, 8157. COURT OF APPEALS CALENDAR, AvBany, N. Y., Dec, 11, 1871, The following 1s the Court of Appeals day calen- dar for December 12:—Nos. 396, 422, 458, 41 462, 433, 376. eS seh BROOKLYN COURTS, CITY COURT. The Westficld Explosion—Second Trial of the Madden Case. Before Judge Neilson. Jane Madden, Administratriz, dc, va. The Staten Island Railroad Company.—This case was tried a short time since, when the jury disagreed and were discharged. It is understood that nine were for plaintiff’ and three for the defendants, It having been charged that one of the jurors who stood out against the majority was connectea by Marriage with a stockholder of the com- pany, greater care was exercised yesterday in the selection of a jury. Each juror when called was asked whether he was interested in the com- pany, whether he was connected with anybody who Was, or whether he was prejudiced at all. The fol- lowing jury was finally obtained and sworn in:— Joseph Baker, 157 Grand street; Charles H. Bass, 300 Union street; Sturgis Coffin, 502 Grand avenue; H. 0. armour, First place; Andrew J, Soins, 125 South Oxford stree! iam M, Waterbury, 11 Ae and ries Bell, > OG avenue; Oh 121 Pulaski streot; Woodhull, 44 Clinton street; William ©. Peet, Colum- bia Heights; Henry J, Brewer, 966 Atlantic avenue; James M. Coleman, 65 Columbia street; William H, Winters, ba , corner Bedford avenue. Mrs. Madden, it will be rememoered, brings sult to recover dumages in the sum of $5,000 for the loss of her husband, John Madden, who was one of the victims of the Westfleld explosion. The deceased was a Deputy Shertif of Kings county, and well known resident of the Eastern District of Brooklyn. The defence is that Madden was travelling in violation of the Sunday law, and that there is not suMcient evidence to show that there was any negligence on the part of the company. Counsel for the company also questioned the juris- diction of the City Court, and moved for a dismissal of the complaint. Judge Neilson denied the mo- tion, The testimony yesterday was similar to that on the first trial. CITY COURT—CRIMINAL BRANCH, A Burglar Sent Up. Before Judge McCue. William Smitn was tried yesterday for having, on the night of the 17th of October last, broken into and robbed the grocery store of Emilie Hamburgh, at the corner of Grand and Ninth streets, Eastern District, The prisoner was caught leaving the place ‘With the stolen property in his possession. Never- theless he protested his innocence; out the jury convicted him, and Judge McCue sentenced him to the Penitentiary for one year. A Midnight Intruder. James McCormack, a young man about eighteen years of age, got drunk one night a short time since, and in his wanderings brought up about midnight at the grocery store corner of Park avenue and Canton street, where the clerk, Henry Lohman, was sleeping. McCormack roused the clerk, and when the latter opened the door he rushed in. He robbed the till and stole a revolver from Lohman who charged also that he assaulted and threatened to shoot him. McCormack was after- wards arrested at No. 6 Flushing avenue, when the stolen revolver was found. He was placed on trial yesterday when he asserted that on the night in question he was under the influence of liquor and went into the store to getsome more liquor. If he did anything it was while in this condition. The jury convicted him of petit larceny and the Court sentenced him to the Penitentiary for sixty days, A Burglar Pleads Guilty. John Doyle, aged about thirty, pleaded guilty to burglary in the third degree, He was remanded tor senvence untli to-morrow. Ap Mlegal Commitment. Charles Rung, 4 boy, was on Thursday last com- mitted to the Penitentiary for sixty days by Justice Delmar. He was @ witness in an assault and bat- tery case before the Justice, who for some reason or other sent him to the Penitentiary. The boy’s father, who 1s @ respectable resident of South Brookiyn, had his son brought before the Court yes. terday ona writ of habeas corpus. Judge McCue expressed his astonishment av the course pursued by ae Justice and discharged young Rung from custody. Decisions by Judge Neilson. Lorenzo Bukraws vs, David F. Little, &0.—The injunction continued. The order given by the in- sured upon the insurance company to pay the plaintiff a portion of the money was an equitable assignment, and if fair and for a valuable considera- tion, may be preferred to the formal nment alterward made. Let the $1,500 be placed in the ‘Arust Company to the credit of this action, Solomon May vs. A. Walter, Sherif, &c.—New trial granted. Though the question of fraud in the sale Of the property was one of fact for the jury, the Court has the power of correction where the verdict is not justified in any view of the evidence, The good faith of the plaintiff! im making the pur- chase was not impeached; and there is reason to apprehend the existence of some misapprehension or prejudice on the part of the jury. Peter Miles vs, Charies A, Murray.—An injunction cannot be granted. If the property be illegally taken, as by virtue of the chattel mortgage, the remedy is by action at law, to reclaim the property or recover damages. Injunctions are not pas to prevent a trespass, or otner iliegal act. The ex- ception to the rule is where the injurious acts are 80 repeated and contnued as to prevent legal re- caress, save by a multitude of actions, Wiliam E. Van Sicklen vs. Christian Kolle, dc.— The application on the minutes jor a new trial denied, with costs, BROOKLYN COURT CALENDAR, CITY CovRT.—Nos, 154, 165, 16134, 162, 165, 166, 169, 170, 171, 174, 175, 176, 177, 174, 181, 184, 221, 256, 856, 242, 64, 106, 817, 315, 43, 60, 6034, 61, 168, 186, 189, 197, 205, 214, 298," 301, 308, 311, 313, 314, 318, ‘Part 2.—Criminal trials, THE FISK-MANSFIELD LIBEL CASE. No Examination To-day. The examination in the Fisk-Mansfield libel case Will not come off, as reported, to-day, before Justice Bixby at the Yorkville Police Court. On the request of John McKeon, counsel for the complainant, Jus- tice Bixby has consented to postpone the examina- tion until next Saturday forenoon, at ten o'clock precisely, with the understanding that then it will be continued from day to day until conciuded, LACINIA’S DUSKY LOVERS, An Ethiopian Cleopatra Anointed With Boil- ing Oil—Bolling Grease as a Love Lotion. Lavinia Mitchell is @ dark-hued daughter of Ham, She lives up four pairs of stairs in a tene- meht house in Delancey street, Her mix fortune was to be the possessor of a pre- possessing form, large coal black eyes, teeth like pearis and @ voice capable of warbling tne choicest melodies. Admirers crowded around her and intense and bitter rivairies were the result, and she found it diMcuit to be impartialin her regards, One Michael Walker, who to the impassioned love of a Romeo added the fierce JEALOUSY OF AN OTHELLO, sought her constantly, and concelved himself enti- tied to a preference. By some means he found out that another colored gentieman found favor in her eyes and seriously imperilied his own chances of success. Stung with rage at this discovery on bunday evening he gained access to ber apartments, where she was reclining on acoount of ill heaitn, He jROten Ane charged her with perfidy and assaied ber bitterly, exhausting his entire vocabulary of vile epithets and two or three times raising his hand as if to strixe her, Lavinia becoming exasperated, replied in kind, and proved an overmatch for Michael in this species of warfare. At last, one peculiarly pointed allusion jercing his black skin and entering his heart ichael, in a ft of rage, seized a cauldron o} greasy liquid which was bolling over the fre and launched tt at the head of THE PROSTRATE LAVINIA. The fatty matter covered her neck and shoulders, scalding them terribly. Yesterday morning tne victim of Michael Walker Was unabie to nove. her sufferings through the night had been terrible in the extreme and may result fatally, Walker was arrested by OMoer Nan Raust, of the Thirteenth precinct, and arraigned before Juage Ledwith at Easex Market. When brought before the magistrate his manner was fompletely aud- ued and he Jooned crest-fallen and dejected. He hed nothing to say for himself, nothiug to offer in alliation, He was held to answer aud marched to Cel With {he alr of @ doomed man, |THE ALLEGED HEAD CENTRE OF COUNTERFEITERS. Trial of Joshua D. Minor, Indicted for Having Counterfeit Money and Plates in His Possession. Yesterday Joshua D. Minor, who is charged with having counterfeit money and plates in his pos- session, Was put upon his trial in the United States Circutt Court, before Judge Benedict, The case ex- cited a good deal of interest on account of the re- spectable position previously occupied by Minor, who has been a contractor for public works in this city. Mr. Pierrepont, Mr. Pordy and Mr. De Kay con- ducted the case on behalf of the government; and the defeadant, who is out on bail to the amount of $30,000, 1s represented by Mr. Fullerton and Mr. B. K, Phelps a8 counsel. SWBARING THE JURY—CHALLENGES. Mr. Stillwell, Deputy Clerk of tne Court, called over the names of the jurors and proceeded to swear them. ‘The first juror called was Sinclair Tonsey. He ‘was questioned as to whether he had formed any opinion of the case from what he had read of it m the newspapers. He replied that he had formed no opinion or impression about it one way or the other, Mr. Tousey was sworn. Mr, Shaw was interrogated in the same way. ‘was challenged by the defence and set aside, Josiah C, Cady stated he had never read anything about the case, He knew none of the parties in the matter, Sworn. Henry ©. Faile had not read anything about the case in the newspapers, and had, therefore, no im- pression about it one way or the other. He did not know the defendant or any of the witnesses, Sworn, Charles Q. Jackson Knew nothing of the case. Sworn, George P. Bache made a similar statement, adding thac he did not know the defendant at all. Sworn. Daniel G. Bacon, after stating that he did not re- member having read about t he case in the papers and had formed no opinion about it, was sworn. Robert Medan, a butcher, doing business in Wash- ington Market, also replied that he Knew nothing about the case, He was sworn. William W. Waller, piano maker, 478 Washington street, challenged by the defendant, and set aside. paves J, Salmon, challenged by defendant, and set aside, Jacob L, Dodge said if he had heard of the case he had quite forgotten it. He knew nothing of the de- fendant or of the witnesses. Sworn. Abranam Lent had read in the papers that a wealthy contractor had been arrested with counter- feit plates in his possession. He could not say that left a favorable impression on his mind, but he did not know it would prevent him from finding a ver- ict according to the evidence. In justice to him- self he should say that when the defendant was ap- plying for bail a person in court sald to him that the defendant was an innocent man and that this was a pu up job, There was an impression on his mind ‘om that, but it would, of course, take some evi- dence to’ confirm it, He would depend altogether on the evidence. Sworn, J. 8. Gulick, challenged by the government and set aside, dames N. Paulding did not know anything of the case except what had been stated in Court. He did not know the defendant, Sworn. Electus Ramsdale had formed an impression that would require to be removed by evidence, Chal- lenged by defendant and set aside, sear |. Hill, challenged vy the government and set aside, Henry 8. Gregory might have read of the case in the papers, but if so did not remember it. He was Not acquainted with the defendant. Sworn, NAMES OF THE JURORS, Sinclair Tousey. Daniel G. Bacon, Josiah C. Cady. Robert Medan, Wilttam H. Neilson. Jacon L. Dodge, Henry 0, Faile, Abraham Lent, Charles C, Jackson. James N. Paulding, George P. Bache. Henry S. Gregory. OPENING STATEMENT FOR THE GOVERNMENT, Mr. Pierrepont opened the case to the jury on be- half of the government. His statement occupied nearly an hour in deilvery, He said that @ very serious matter having befallen the District Attorney (Judge Davis), a sad aMfiction having happened in nis family in the death of his daughter, made him callon him (Mr, Pierrepont) to ald him in the trial of two cases then pressing. It was in con- sequence of that that he (Mr. Pierrepont) appeared belore them, The indictment which they were about to oF, charged the defendant, Minor, with counterier me with having in bis possession coun- terfeit plates for the purpose of making counterfeit money; and with having counterfeit money. It was upon that indictment they were now goll to trial. Of course, as they were all men oj rank ip iife and intelligence, they knew what was meant by that charge ot counterfeiting, and they needed no explanation {from him. The aquty of the government would be to present the evidence, and they wouid ask the jury lo flud such verdict as that evidence warranted. It was @ satisiaction to him, and he dared say to the Court and to counsel on the other side, that they had examined each man on the jury, and that they thus found each of them coming with minds free from blas, ready to listen to the evidence and find a ver- dict In accordance with that evidence and with the law asthe Court should lay it down. It would be his duty to present as well as he could and as ty as might be the evidence which the government h: in their possession, and which they believed pointed to the defendant as @ countericiter guilty of this crime. As wey well knew, tn all civilized countries, this crime was of the higher order. in many Chris- tian countries it had been PUNISHED WITH DEATH; but in our country it was subjected to a lighter pun- jshment, With us 1t varied from five years to a longer term of imprisonment, according to the dis- cretion of the Court, which was always more or less influenced by the peculiar circumstances of the cases, It was not dificuit to detect the passing of counterfeit money; that was easy. But a aifficul- ty arose when the government came up to the point ot finding out who made the counterfeit money, Counterfeit money, a8 a general thing, was passed upon persons in the lower ranks of life, upon the ignorant and the humble. It was passed in small quantities, and was manufactured by persons of a higher order of life, and could be manufactured by no other. It required skilful workmen to prepare paper, plates, presses and chemicals for the eee of this counterieit money, so that it shall be passe Of to deceive the community. This requied great skill and capacity and a large amount of money. No poor man could manufacture counterfeit money. He could not meet with success, He could not have presses or plates or paper skilfully manufactured, nor skilful colors, nor ink, nor workmen. Jt was no interest wo the government, in @ pecuniary point of view, whether counterfeil money passed or not, because they never redeemed it. lv was detected by experts in the government employ, ana the government never redeemed it. It was the rarest thing in the world for banks to take counter. feit money. ‘The injury, in the chiefest degree, was done to the community, falling on the more mode- rate and humbler classes of society. The learned gentleman instanced the: case of @ poor and inno- cent man passing upon a merchant a ten dollar or twenty dollar counterfeit bill that had been shoved upon him and getting arrested for this. He had to get lawyers to defend him, aud if he could not find bail he must remain tu prison, because he was poor and ignorant. That great crime was perpetrated on the poor by those in higher circles—by those who Manulactured this money in this skilful way aud passed it upon the community. ‘his trial will bea remarkable trial. It goes to THE HEAD CENTRE of the crime. It brought imto view the costly presses, the skilful working Of the plates, the men that were engaged in this crime, They would trace it to its centre, and reveal how the ining was done. The manulacturers of counterfett money or their confederates, as @ general thing, never have pos- session of the counterfeit money which is put upon the community. They are alwavs engaged in some other occupation—some ostensible work which 19 respectable. ney. have money. They have talent. They have skill. They have in some out of tne way place in this city, which was THE GREAT CENTRE OF COUNTERFEITING, their powerful presses, with which to print money; their manuiacturers to make paper; they had imitated t tent paper which the govern- ment had prep: called BRE PAPER.’ He would | Big band large quantities of this paper seized in the present cause, These men had their works concealed in AN OUT-OF-THR-WAY PLACE, while the man Who was at the head of the business was away in some otiier jocailty, attending to other business, and only met his confederates in times and places of security. Having adverted to the difficulty which the government had experienced in finding out the manufacturers of this bogus money, counsel observed that about a year ago it ‘was determined by the BEORETARY AND SOLICITOR OF THE TREASURY, acting with the District Attorney, to offer indem- nity to the passers of counterfeit money if they would turn States evidence, for the purpose of reaching those by whom this money was thrown Spon ine country. He instanced the case of Colonel C He jarke, of Brooklyn, who nad been convicted of that crime, and was now undergoing punishment in the State Prison, 1t would be proved that Minor was a counterieiter; that he had been engaged for sev- eral years In counterfeiting: that he had been sen- tenced for Wat crime, and that he had escaped from rison, Persons who saw him in prison would be produced a$ witnesses. Mr. Pierrepoint, on closing nis statement, gave a recital of the facts that he ihtended to prove. The arrest of a man named Kirk Bright at the Hudson Kiver Railroad station, with a large amount of counterfeit mone: in his possession, in the month of September last; his refusal at first to tell where he got the mor and his subsequent statement that be received it from David Keene, who admitted that he got the us Stuy from one Henry Oole, @ farmer living In Montgomory county, Pennsylyanta, Cole having been fot at, admitted that he received it from Minor, the defendant, who, it would be proved, had been 1n possession the ten doll a two dollar counterfeit plates irom which the spurious _Wones had becy prigved. Negotiations were opened ‘up between Cole and Minor for the surrender of ‘tose plates for the sum of $1,500, which was sup ited by the officers of the government, the notes Being marked and a register of their numbers taken. It was white Cole wee receivin; THESE PLATES FROM MIN at Sixty-second street (the plates pene delivered to Minor by one Thomas Ballard), that the defendant Was arreated with the $1,500 in’ hig hand, the plates having been dropped by him a few moments belore, 93 he was seized by the officer. TESTIMONY OF HENRY C. COLE. Henry C. Cole was then called as a witness for the prosecution. The defence objected to his evi- Gence, on the ground that he had served a term in il for ry. His restoration to civil rights by Governor Hoffman was handed in, whereupon the objection was overruled. He di :—I first met or about eight years ago; on or about October 1 told Minor that [ wanted to buy from the plates for making counterfeit $10 and $20 coun- terfeit bills; about five days before this Minor tokd me he could get these plates for me; If told him that they were very much worn and that just let Mé have them cheap; Miner said, ‘No, re order and you can have them for Hi Te said ore reais take shom that price; ‘woul t shem for me, and requested me to meet hah Ren al able Wednesday at seven P. M.; before | went to see him told Colonel Whitley, Chief of the Secret Department, of the arrangement I had made with Minor; he told me to purchase the plates and gave me the money to get them; before I went to mocet Minor | was searched by some of the detec- tives and they found nothing on me but the $1,500 in good oe me by Colonel Whitley; I went to Minor’s stable a little before the appotnted time; I did not find him there, so I went Into bis house, Where I found him, together with his family ana @ Pinicoman: Minor and I went out; when we got to ifty-ninth street and Ninth avenue Minor asked me to fall behind; I did so; Minor then went to Sixty-first street and Broadway and got a package from a man; he thencame back snd hanced the ackage to me; I can’t swear that { saw the mai and the package to Minor; when Minor came bac! to me he handed me the package; I told him ah before taking it, I wanted to pay him; I then handed the money ($1,500) to Minor, and just as he was taking it he was seizea by one of Colonel White ley’s detectives; Minor took the money from me, but I did not take the plates from him; he aroppe the package when he was seized. (The package ‘was here produced. The witness identified it as the one he saw with Minor.) It contained plates for posting counterfeit $10 and $20 bilis; Minor and he detective had a struggle; another detective came up and we put Minor in acarriage and took him to Colonel Whitley’s oMce; a tew days before all this took place I got m Minor $5,000 in counterfeit $10 bills; he threw them into my Wagon as I drove past his works in Ninth avenue; I told him that he was getting rather bold; he satd, “No, there is nobody but us around here;” I was to give him $500 in good money for tne counterfeit $5,000; I sometimes paid Minor for counterfeit money when got it, and sometimes I did not; I gave this package of counterfeit money to one of Colonel Whitley’s — detectives. (The package of $5,000 in counterfeit money was here shown to the witness, who identifiea it a3 the one he got from Minor.) In september last 1 fi from Minor $10,000 in counterfeit money for on 1,000 in good money; I sold that money; last July got from nim $24,000 $2,400 in good money; I sold that money; last Feb- ruary 1 got from him $10,000 in counterfeit money; I paid nim $1,0C0 in good money for it; I sold that money; 1 have received from Minor in all about $80,000 or $90,000 in counterfeit money. The Court adjourned at half-past three o'clock un- til eleven o'clock this morning. in counterfeit money for THE METHODIST PREACHERS, No More Legislative Sectarian Appropria- tlons—The Progress of Christianity and the Relative Growth of Protestantism and Catholicism in Heathen Countries. At the late State Convention of Methodists, held in Syracuse, a strong and determined opposition was made to any future legislative grants for sectarian purposes, and, a3 a first fruits of this purpose, a committees of ministers was appointed yesterday by the Preachers’ Association to devise means to provide the Old Ladies’ Home, in West Forty-second street, with an income equal to the annual grant of the Legislature of $5,000 to that institution. The lady managers ot the Home held a meeting a few days ago, when a letter received from a couple of gentlemen, enclosing two $10 subscriptions, was read, and the suggestion ‘was made that a number of subscriptions in this amount be raised annually by the friends of the Home, 80 as to place it beyond the influence of the sectarian appropriations. The ladies thereupon de- cided to pring the matter before the Preachers’ Asso- clation, and Rev. Drs, King, Curry and Willis and Messrs. 0. C. North and G. J. Hamilton were ap- pointed the committee to devise aud mature a plan to bring the subject prominently before the Metho- dist churches of this city. The Legisiature will soon meet, and the usual appropriativus will ve looked for, and will be given unless they are opposed from the outset. And many members of the incoming islature are al edged against voting for Leg! one dollar for sectarian purposes. The committee will report its action to the preachera’ meeting next week. ‘The Rev. Dr. Curry delivered an admirable ad- ress before the preachers on the present outlook of the world as being favorable to Christianity. He held most decided opinions in favor of the present age being better than any that preceded it, That politically, socially, morally and religiously the peo- ya of the worid are far in advance of and much iter off than any preceding From his tracing of the Church's history, the Protestant Reforma- tion of the sixteenth century was not a reformation atail, but a development of principles which had been at work within the Catholic foid for a thousand years. And the present schisms in the Church of Rome are but a continuation of this development —— froin which he ho} great result, probably wofold—a separation of the ‘old Catholics” from the modern and areform and remodelling of the latter on a more liberal basis. Rev. Dr. BUTLER, late Superintendent of Methodist Missions in India, presented some itoteresting statis- tics of the progress of Christianity, both of the Catholic and Protestant types, in heathen countries, and from them took avery nopeful view of the tu- ture, He finds that the Catholic Church, basing its converts of all ages upon its baptisms, has over six iillion of heathen adherents, while the various forms of Protestantism have @ lictle less than three million membe! accepted on profession of faith in Christ, But the Catholic Church has had its missions among the heathen for 350 years, while the Protest- ants have been engaged thus but seventy years. He carey of course s0on to see the jatter greatly out- strip the former in members, as 1t does now in every other interest. The missionary collections of the Catholic Church for heathen missions are in round numbers annually $900,000, while those of the Pro- testant denominations reach nearly seven millions of dollars, This subject was continued over for further discus. sion next week. OHUROH OF 8ST. MARY THE VIRGIN. Consecration of a New Altar—Inuteresting Ceremony. The Church of St. Mary the Virgin, in Forty-fifth street, between Broadway and Eighth avenue, was crowded yesterday afternoon by a select congrega- uon, the occasion being the consecration of a new altar, recently erected in the building. The altar is of Italian marble and is constructed in the French Gothic style of the eleventh century. It 1s seventeen feet long and twenty-six feet to the tcp of the tabernacle, upon which & cross five feet in height will shortly be placed. The architecture ts altogether very beautiful, and the altar as decorated and ligtited up yesterday evening presented an im- posing appearance. The ceremony of consecration commenced with a procession from the sanctuary, the following clergymen taking part-—Rev, Bisho} Potter, Rev. Mr. Van Cleeck, Rev. Mr, pteg:| Rev. Mr. Holmestead, Rev. Mr. Noyes, Rev. mr. Br Rev. Mr. Briscoe and Rev. Mr. Bradley, Potter read a service specially prepared by himself for the occasion. The congregation made responses and with organ accompaniment sang an appro- priate hymn. The ceremony terminated about four o'clock, The altar was erected by a member of the parish in memory of his deceased wire, AN ACT OF FRIENDSHIP THAT DID NOT TURN OUT “ALL RIGHT.” James Monahan, of 208 West Thirty-eignth street, went ona “bit of a spree” on sunday. While in that exalted condition a friend of his named Michael Nolan, who was anxious about Monahan’s cash as to its safety, put his hand into his pantaloons pocket and took therefrom about forty-one dollars in bills, Mrs, Monahan, who saw this operation, demandea of Nolan the money, when he gave her the very un- satisfactory reply that “it was all right.” Nolan aid not, however, make tt all right, for he has not since seen fit to return the money. He was taken before Justice Bixby, at the Yorkville Police Court (erty, where his littie act of friendship was looked upon as grand larceny, and he was commit- ted, in default of $500 bail, to answer. FATAL CAR-ORUSHING CASE, Recommendation by the Jury. Coroner Keenan yesterday held an inquest in the case of the lad David Wilde, fifteen years and six months of age, late of 176 Division street, who was killed on the 6th inst. by being run over onthe Bowery, near Houston street, by car 153 of the Third avenue line, Young Wilde attempted to jump from the front platform of the car, while it was in motion, and, in doing #0, slipped and fell before the wheel, which over and crushed his lefe thigh, In thelr verdict of accidentat death the jury said, ‘and we wi ly recommend the railroad company be requested to hi fates put on the jront platform Of their cars to prevent the pogaibility Of wugh acc: Gently oocurring wy the Suyure, TE GREAT SOCIAL EVIL. Mrs. Byrnes, the Alleged Abortionist, on Trial in General Sessions. SHE IS CHARGED WITH MANSLAUGHTER, Interesting Testimony as to the Cause of the Death of Mary Russell. THE TRIAL CONTINUED TO-DAY, The trial of Ann E. Byrnes, indicted for mam slaughter in the second degree m causing, as wag alleged, the death of Mary Russell, by producing an abortion, was called up yesterday morning in the Court of General Sessions before RECORDER HACKETT. Although this case created considerable exolte, ment during the summer, when the “frank Mys- tery” was revealed, there was no difficulty expé~, rienced in obtaining a jury. j Mr. Howe, counsel for Mrs, Byrnes, interposed legal objection to the panel of jurors, claiming the prisoner had the right to be tried by the jurors’ summoned for the December term. The jurors Court were empanelied for the November term, which Judge Bedford continued up to the present time, The Recorder said it was a grave question, but for the purposes of this trial he would overrulg the objection, THE PROSECUTION. Mr. SULLIVAN opened the case for the prosecue tion, and called * NELLIB RYAN, the first witness, who testified that shé lived at No. 83 East Broadway; had known Mary Buassell since last April, having occupted the same room with her in Mrs. Buiger’s house; on @ Tuesday night in August of this year the witness went with deceased to the house of Mrs, Byrnes, the prisoner, in Citn-' ton street, between Broome and Delancey; Mrs. Conch opened the door; there was another lady going out as they went in; Mrs, Byrnes askel Mary what she could do for her, and where she was going to live; Marg replied, with her aunt; then Mary Russell and Mrs. Byrnes went Into a small room togetmer, and they came out in three or four minutes after; the prisoner said to Mary that she would have her child in a couple of days, and told her to take some billous pills and Dover's powders that night; that she would ‘be able to walk around the whole time, an@ would be well in three or tour days; the prisoner told Mary if that operation did not take effect she might come back on Tuesday week; Mary asked the prisoner to go into the entry and see tf anybody was mere, that she was afraid of her sister; the prisoner said, “There is nobody there; you need not be afraid; I never know anybody that comes here, fi WHETHER THEY DIE OR NOT,” f Mary said, “I shall not tell anybody if I die who performed the operatton;” the prisoner tola Mary not to eat fish or oysters for fourteen days, but to take toast and tea; Mary Russell died two wee! alter that; 1 saw her at her sister’s house the ne: night after we went to Mrs, Byrnes’; she was in bed aad th sick; Harry Pullen used to visit Mary very quently. Men geTIMONY OF MARY A. CONCH. Mary A. Conch, sworn and examined, testifiea that she resided at 116 Clinton street; in August Mra. Byrnes lived at Comac, L. Lj she came ever; Tuesday evenil to the house of the witness ant remained till ursday morning; the prisoner occupied the first floor, contatuing four rooms, which she (Mrs. Byrnes) said she wanted for her 1amily when they came to the city; she left she city two years ago last June to live In the country; her husband used to come to my house once 1n a while, several persons came to see heron mt ooca- sions to have her prescrioe for their complaints; her business was that of a female physician, but she had no sign up; Mary Hamlin cailed first with Mary Rus- sell, and Nellie Ryan alterwarda, to see Mrs. Byrnes; Mary Russell said she was in trouble and would like Mrs, Byrnes to get her out; ) sald she would like to get any person out of trouble if they would only take gooa care of themselves, and 1f they did not she would mot do anything for them; Mary said to Mrs. Byrnes thet she would have the best of care if she would only get her out of the trouble; she left, and sata she would come tne followmg Tuesday, and she aid; the wit- ness did not remain in the room at the second Intere view; Mary Russeli appeared to be about twenty years old; the Coroner showed me a syringe with @ bllver tube seven or eignt inches jong; I saw it two weoks vetfore in Mrs. Byrnes’ closet; Mra, Byrnes told me site used It to produce @ mi i Cross-examined—The prisoner 18 @ midwife, and rescribes for ladies; at the time of the Dr. Lookup- Evans trial I told Mrs. Byrnes she bad better givd up the business; she replied she did not want to get in trouble either, Mary Rice sworn—I was arrested tn 116 Clinton street; went to see Mrs, Byrnes there on the 28th of August and had a conversation with her. (The con- versation was excluded for the present.) Dr, Bliven testified that at the request of pr. James he attended Mary Russell on the 25th of Au. gust, at 21 Ridge street, and found her very much prostrated; he ribed the proper remedies: saw her the following day and she was comfortable he supposed that she was suffering from 8 ta neous abortion, but he could not tell whether it was produced py artficial or natural means from the cursory examination he made. Dr. James, who had previously attended the deceased, said that she told him sne was enocetnte and had been taking counteracting medicine; she said Chat she procuréd the medicine trom Dr. Tally. Dr. Marsh, the Deputy Coroner, testilied that ade a post-mortem examination of the lary Russell; found evidences of inflammation of the womb; in his opinion death was caused by metro-peritonitis, produced by an abortion. ‘OMicer Walker said he was present with Coroner Young when he took Mary Kussell’s statement. She satd she thought she was about to die; that there was an abortion produced upon her by Mra. Byrnes, at Ciinton street; that she was brought there by Nellie Ryan; that the housekeeper was there, and that Mrs. Byrnes satd to her (Marg Russell) that, in case anything should happen her, ‘i 8k MUST SAY that Lhe Tully gave her medicine to procure the abortion. ! Sergeant Brooks testified that he sent for the Coroner and arrested several parties In connection With the case, Mr. Sullivan read the dying statement of oa Russell, which was substantially the same aa given by Oficer Walker. The Jee econ rested their case for the present, Mr. Hows, in opening for THE DRFENCB, asked for the acquittal of Mrs. Byrnes upon certain technical legal poiuts, which the Recorder over- ruled, ‘THE PRISONER'S STATEMENT, Mrs. Byrnes was then callea and satd she lived ia Clinton street for many years, and never usea Syringe or any instrument upon Mary Russell, who visited her, and told her she had dizziness headache, for which she prescribed; she also said she was in trouble and wanted her advice; I Fave her a drink of water but no treatment, and did n Bay anything to her about Dr. Tully; 1 treat a great many jadies tor female diseases and for \ine- menis; I used the syringe in prescribing for ale ‘weaknesses. The accused was cross-examined at great length by Assistant District Attorney Sullivan. sa she had man; applications from women to t them for abortion, but she refusea and sent them to Washington piace; she did not think Mrs. Conch said anvthing to her about stopping her business: was arrested once upon a similar charge to this, bu was discharged; was married to Mr, Brundage in New Jersey, in 1858, and go by his name sometimes, and at otners by the name or Byrpes. A number of Witnesses were sworn as to the good character of the accused, and tne prosecution offered rebutting testimony to prove that Mrs, Byrnes had the reputation of betng an abortionist. ‘Mary Rice was recalled ana testified that the prisoner said to her that she would produce an @bdortion upon her if she guaranveed that sho Would have the best of care aiterwards. ‘The case will be resumed this morning. “ROBBING A BRIG. Two Hundred Dollars’ Worth of India Rub ber Stolen by the Sccond Mate of the Brig Bellan. On the Ist of the present month a woman hamed Ann Walker, who 1s wife of the mate of the brig Bel- Jan, now lying at this port, saw second mate, Bilas Ganderson, pass over the side of tho brig to a party along side, in a smali boat, two bags of India rub- ber, the property of Charles Bahn, of this city, and valued at $200, Gandersom, secing that he was observed by Mra. Walker, Went to that woman and threatenend to take her tife if she ever made known the circumstance to any one. Feariag that he would be as good as his word, sho ulet, not even telling her husband, who wag Kept quiviir'the time. Ihe property was'not missed unul yesterday afternoon, and when the captain began maxing inquiries about tt Mrs, Walker, fear- ing that perhaps suspicion might falt upon her husband, made aciean breast of the affair, Aa officer was sent for, and Ganderson’s arrest being efected he was taken to the Tombs, where Jus- tice Dowling yesterday alternoon cominitved him to answer. The prisoner protested stoutly that knew ig | of the property and intima the Madd thing Was & put up job v@ wet ——————————— oO