The New York Herald Newspaper, December 13, 1871, Page 8

COUNTERFEITING. Continuation of the Trial of Miner, the Alleged Counterfeiter. EXTRAORDINARY DEVELOPMENTS. Colonel Whitley, Chief of the Secret Ser- vice Department, Going Bail for a Convicted Seller of Bogus Money. Whe trial of Joshua D. Miner, charged with having eounterfelt money and counterfeit plates for print Ing the same in bts possession, was resumed yes- teraay in the United States Circuit Court, before Judge Bendict. The court room was very much srowded throughout the day. Mr. Pierrepont, Mr. Purdy ana Mr. De Kay con- @ucted the prosecution on benalf of the govern- ment, and Miner was defended by Mr. Fullerton and Mr, Benjamin K. Phelps. OONTINUATION OF 32, RODENOR OF HENRY ©. Henry C. Cole was recalled and further examined for the prosecution by Mr. Pierrepont. In reply to questions by that gentleman he said:—I have 801d counterfeit money; I aid not pase it; always pola it to wholesale dealers; I went to Miner's Btable some time in June last; he told me that his wife died at eleven o'clock that day; J bought of him that evening $24,000 in counterfeit money, and paid him $1,900 for it in good money the following day; 1 believe his wife was lying dead im the house when he paid me the money; I went to Montgomery county, Pennsylvania, to reside two years ago last July; 1 have a farm there now; Miner @id not come mere; I think I made Miner’s ac quaintance up at his house a little over eight years ago; 1 have Let him a great many times. Cross-examined by Mr. Fullerton—I resided at 4 bany when I was convicted and sentenced to the State Prison; before that 1 residedin Orleans county, New York, several years, seven or eight I think; my age is forty-seven; 1 have resided in Gen- mesee county, New York; 1 was born there; 1 think A lived one winter, in 1851, in Butlalo; 1 think ZT have now stated all the: places I have resided in before was convicted at Albany; ldo wot tink I was charged with crime before I was convicted at Aibany; I decline to answer if I had been charged with counterfeiting before the counter- feiting for which I was convicted at Albany; I re- mded at Thirty-seventh street, New York, three or fovr mouths; then I went to Filty-pinth street; lived there eight or nine mouths; after that I ved six or seven montis at Sixty-seventh street; 1 wink I went next to Fifty-seventh street; then I ‘went to Eighty-ninth street; that was in 1863, and 1 hved there until 1863; im 1863, I think, I Went to Pennsylvania, and resided there until April, wnen I came to New York, and lived in Hignty-fourth street; 1 object to answer 88 to how long I had been out of prison before I again commenced counterfeiting; I think I got ac- Qualuted with Miner about eight years ago, but I bave no distinct recollection of it; Ido not know a an of the name of Thomas Ballard; saw a manat 2 Bleecker street, Who Was pointed out to me ag ard, on the night of Miner's arrest; I was not Grrested that night; on the luvin of October I was ior in my house at 310 Eighty-fourth sureet, by jonel Whiuey aud two of us men, for perma gounterieit money; | was arresied in the night time; $2 Bieecker street ts Colone: Whitley's ofice; I re- wainnod three nights in Colonel Waitley’s oflce; I Fave bali belore JOHN L. DAVENPORT tm Colonel Whitley's office; COLONEL WHITLEY BECAME BAIL for me in the sum of $10,000; 1 did not Kpnd bim money, but gave him SECURITY OF A HOUSE AND LOT Mtuated in Eigity-iourth sireet; my wife ata not ees the deed; she was Uving with me at the H ONE OF COLONEL WHITLEY’S MEN DREW THE DEED, Which is recorded; the house and lot are valued at 10,000; Davenport drew the bail boud; Colonel hitiey promised me to have my liberty if Lexe- sulted the deed; he said 1 would nov be préseouted; ogee’ there Were some persons present then, but 1 Dot sure, Q Do you believe that, 1n case Miner is convicted, [bed Wiil be discharged? A. I did not promise to nvict him; { canuot answer tuat question; 1 do Boi miend 10 Cian anytuing avout protecuon if Miner 1s convicted; this ARRANGEMENT WAS MADE WITH WHITLEY between the 10th and 13th of October, aud the frst Uning 1 toid him, in pursuance of that arrangement, was from whom J got the counterfeit money; on vid Wening oi the 10th of October J received from Davi ecne, ul my house, $700 of good money, that wi marked. Q Were you not convicted and sent to the State Prison in Penusyivania? A, No, sir; 1 was never continued in Piusburg Penitentiary for any crime; 1 ever was In Sing sing Prison, Q What time in the evening of the 25th October @id you go to Miner’s house? A. At about ten minutes vejore seven; arrived at the bie at tel mutes beiore seven, the mel agreed to meet Gime being ahead of ume, andit raining hard, I Went down to Miner's house; the arraugement td meet him at the stable was made at lis house on Sunday, the 22a of October; Mr. Miner was not there when Jj got to the house; | saw his wile and Charles wer, and 1 think Mr. Silvey and his wife; Mr, wer came home about tweive o'clock that aay; i Femained in the house some three or four hours, and as I was going away made tue arrangement to meet im at the siable on ue following Weduesday bvenin; Q Dea you tell Miner that you had put up $10,000 with Whiteley, and that you could not get it back Bnless you returned some plates’ A. No; no con- Versation occurred in Miner's house that day be- éween Mr. Miner and myself and a Mr, Fox to the fect that I bad got into @ scrape with regard to Whiteley, and that 1 wanted Miuer wo get me out of Wt; On that Gay Miner said he could get the plates for $1,500, and that he would meet me at the staple; be did not say he would give me tue piates; had Asked lum before that, while le was waking a wer in Ninth avenue, what he would give me the 10 and $2 plates for; he said he could not say, but Aan see Dis Man ani find out; again, before san- , the 22d, I saw him and he told me tho jates could not be got under $2,000; eaid that was too much, and would give nim $1,600 T them; when | went to the house, on the 25th of October, Mr. Elliott did not open the door toc me, I think; some one came vo the door and let me In; When | entered the house 1 had not tiat ten doliar late In my possession; 1 never had it in my posses- m; a8 1 went iuto the front basement i saw a iceman speaking to Miner about @ cart standing gx the street; Miner and Jieitthe kitchen, and walked out and down the street towards Sixty- ond strect, near Broadway; Miner asked me to ‘op behind; we met oue of Whiteley’s oflicers, Ken- Boch, on the slacwalk we were on, To the Court—I went firsi into the basement from je street, and turned into the drst roow; Charles ner was there; I then went into the kitchen; Mr. Miner was there, sitting at tbe stove; he put on his coat and came out with me into the strect; dia not eet @ Man at the gate of Miner's house as we assed oul; J do not remember meeting persous amned Van’ Houghton and Wessel, or them walking With myself and Miner; when we were walking Gown the Boulevard Miner asked me to fall beuind im; 1 did not get benind Miner at the time; I fell Kk without nis requesting me to do so. He Waiked on fast and got twenty-five or thirty feet head of me; be went in the ueighborhood oi Sixty- seoond sueet; 1 was walking then towards Filty- ninth sirect towards the Boulevard, Q What did you first see when you fell behind? isaw & man standing on the south side of Six- “first gtreet with ® package tn his laud; le was the ufifinished side of tue street; I saw the man steuding there; I did not see bim come up to We piace; the package was done up in a oul cover. q. When you lirst saw the man with the buff ack aye In his hand, how far was he trom you? A, vout sixty feet; tne night was dark and rainy; [ gould see Very distinctly; Miner approached this Man and held iis umorela over him; I did not see Wis man hand & package to Miner; they remained together avout a miuute, When Miner caine towards me aud Landed me the Wud package; 1 do not know Who We other man was; as Mmer came toward mie ] went to the jamp at the east sie of the atreet; be wanted to give we the package, but I toid am to Keep it until J got lum whe money; as ie was about to hand ine the wouey the ouicer seizeu him; Minor got (he money, out I did not get the plates; tue green Covering ou the package now is not the covering that | saw on the package that nignt; Ido notre Collect swearing yesterday that the green cloth is We same that 1 saw that night; 1 had retired avout Ove hundred feet trom we omicer and Miner wuen they Were struggling; Uink Minor Ubrew the officer Ou the start; did pot hear Mr. Miner say, “Do you Want to rob ine?” the ouicer, Keunock, had over- powered Miner before the other officer, Applegate, came up; 1 never bad that package in my pos- eession ana sever threw i own at the feet of Miner while the struggie was golg op; J never saw Ballard until I was arrested on the 20th of Uctuber; Lever was ac uainted with ballardy Miner has been @ contractor, my knowledge, for about two years; I never Mede overtures © & Man Damed Salinon, an tnspec- tor on the works, that he could do better by going into (he counterfeiting busiuess; never made an offer to him that he could do better by putung a ‘kage in Miner's house, and Salmon hever made ie reply, “Do you think | ain @ damned fool?" Q Was your wife ever arrested {or passing coun- \erielt money! A. I object to answer that question. Q Was your som ever arresied for that ofence? A. J ave no son, Q Your stepson? A. Ae may have been, Ido not KDOW; W 186? J went over to Taylor's Hol, Jersey City, anc hada couversauon with Colonel Wood about muy wile aud som Who Were pirestoed lar that conversation was in December, counter- the name of Miner, here cross- examined as to the various times he bought coun- terfeit money from Miner. On one occasion he said he took a man named John Shoner up with him to Miner's works to see what transpired between the Witness and Miner in reference to the purchase of counteriett money; he did not tell nim what a big in eee, a up, al i ’ wagon was marked Miner threw into witness’ basd by shoner with his initials. [One package of coun terfelt money, containing $5,000) Was here handed to Witness, and he said he col not identify it as the one he got from Miner on the 17th of October.] He had neither counted nor markea the money; ‘the understanding was that he was to give witness $10 counterfeit bills, and asnong ere gen uh m; the wi iddie of the packeees on the following day he paid Miner $500 for the bills; that poe. ey was not marked; I got that $500 from David Keene by poneck, payavie to ong on the Grocer’s National in K, street; from the bank on the 1! and two o'clock: lam sure that the money I got from the bank I paid to Miner; I think 1 drew $700 and of that I gave to Minor; feit money, and I gave this $500 to Miner to be even with him; 1 ot from Miner $10,000 counterfelt money on the 3d of Cctober; 1 paid him $1,000 tor it in fo money, Where did you get thatmoncy? A. I decline to answer that question. The CourT—Y ou must answer it. Witness—I got the money irom David Keene and also from a man named Paine; Keene was arrested on the 6th of October, and he was subsequently set at liberty, and after that he gave me the check, Witness made other statements on this point. Q. Your evidence is this:—That after his arrest for assing counterfeit money he paid you $700 In con- ge si of counterfeit money you had sold him? 8, . And efter your arrest? <A. Yes, What are Pit Treading from? A, Memorandum. ae did you makeit? A, A few days ago; 1 can’t say. Q. Isit in your handwriting? A. I think not. Whose is it? A. It is Shoner’s; Thad another Memorandum, but I tore it up; it might be over two Months, more or legs, since I made this other mem- oranduin; 1 wanted to know how much conterfeit moncy I had bought of Miner; Icannot assign any reason for making such & memorandum; I know a man named James Calvert, and have spoken with him; first became acquainted with bim in New York in 1863; I have no recollection of buying or selling him counterfeit money; Ido not know uny- thimg of his occupation at all; heard he was a coun- terfeiter; Ido not know Dutch Charlie; 1 do not know Charles Ulrich; he never engraved @ plate or dle for me; I first learned at Miner’s house from Miner of the printing of those $10 counterfeit bills about two years and eight months ago; I never was in partnership with this James Caivert. Q. What has been your occupation since you left the State Prison, besides passing counterielt mo- oy? A. Boating in the summer season on the Erie ‘anal; have followed the water as @ boatman twenty years, off and on; Ihave owned @ bout, the Catharine Winters. Re-direct—When I was at the Boulevard, at the tune Miner was arrested, there were lamps lightea; when the package containing the plates was taken down to Colonel Whitley’s office it had, I think, tho game buff cover on it; when I went up to Miner’s house, for the purpose of entrapping him, I did not see Mr. Fox, a lawyer, or Van Houghton or Wessel there; never saw such people. Counsel then asked questions as to what had bo. come of the original memorandum witness had made of the amounts of counterfeit money he nad sold Miner. Witness replied the memorandum had gol Worn out in his pocket, and then Shoner made the memorandum produced from the old one—wit- ness calling of to him the amounts and figures; had been to Miner’s stables and saw these horses, which he understood were “fast horses;”’ had hear that a man named Elitott, allas Hank Hall, had been indicted or. as charged in this Court, for counter- feiting; had seen lim several tines at Miner’s house. To Mr. Fullerton—I never disclosed to Shoner the fact that I was dealing tn counterfeit money; he did not know that the amounts in the memorandum were amounts I nad received from Minor; I saw the package examined tn Colonel Whitley's office, but I did not examine the plates. TESTIMONY OF SARAH A, WILLIS, Sarah A, Willis, a lady dressed in deep mourning, residing at 225 West Fifty-tnird street, deposed that Thomas Ballard resided in the same house, and tuat on some occasions @ person with shoulders like those of Miner came there to see Ballard. On cross- examination she replicd that sne could not state Miner was the man. At the request of Mr. Fullerton Cole was here called into court. He was desired to stand up, and did so. Mrs. Willis was asked to look at him aud say if Cole was the mau She saw at tae house. she could not say, thougi her impression was that she had seen a person of avery singular appearance calling for Ballard. (Coie is a singular-looking per- 800, With eyes deeply sunken, and of cadaverous ap- pearance.) She could not, however, identity Coie. TESTIMONY OF OFFICER KENNOCH. OMcer Kennoch, of tne Secret Service -Depart- ment, was examined at some length respecting the facts of Miner’s arrest. The witness’ direct exam- ination having closed, The Court adjourned wntil eleven o'clock this morning. A FRIEND OF MINER IN TROUBLE. Taylor 0. Walman, of 157 Orchard street, was ar- raigned before Justice Shandiley, at Jefferson Mar- ket, yesterday morning, upon complaint of William 'T. Gilsbery, of 26 Bleecker street, who charges that he passed a counterfeit $20 bill on him. He was remanded to the United States Court for trial, THE DROWNING OF MR. BALL. Have Been * Drowned. Coroner Keenan yesterday commenced an inves- tigation in the case of Mr. William M. Hall, the gen- tieman whose dead body was found in the dock at pier 86 North River, as heretofore published in the lgratp. Mr. William ©. Dunham, of Brooklyn, testified that he was well acquainted witn deceased, who was 8 member of the firm of Messrs, Wider & , Of Lawrence, Mass.; deceased arrived in the city on Friday last, and put up at the St. Nicholas Hotel; witness idenud the remains at the Morgue as those of Mr. Hall. In the opinion of Mr. Dun- ham and those of his friends, deceased must have been down on tne pier looking alter some freight which he was shippiag East, when he fell overooard and was accidentally drowned. Mr. flall was a man of excellent havits and possessed superior business qualttications. His father was formerly a member of the Massachusetts Legislature. At eight o'clock on the evening Mr. Hall met lis death he was to have taken the trai for home. The investigation is not yet concluded. Yesterday afternoon the remains of Mr. Hall were taken on to Massachusetts. Supposed to Accidentally The News in Boston—Mr. Hall’s Business Connections. LAWRENCE, Mass., Dec. 12, 1871, The intelligence of the death by drowning, in New York, on Saturday, of Mr. William M. Hail, of this city, has cast a gloom over our community, by whom he was higily esteemed. For several years he has been connected with tne firm ot William Rus- sell & Sons, extensive paper manulacturers. He went to New York on Friday of last week, intending to return on Saturday bight, He had completed his basiness during the forenoon of Saturday, ana, it is supposed that, while going on board the boat’ that evening, to return, he slipped, or was crowded from the plank into the dock. Tr. Hall was a son of the late Mr. William Hall, of Bradford. He was about thirty-five years of age, and ieaves a wife and child, THE CENTRE STREET HOMICIDE, Coroner Schirmer yesterday held an inquest at the Sixtb precinct station house on the body of Patrick Black, late of 87 Baxter street, who, it Is alleged, was fatally beaten by Frank Eagan in Centro Street on the afternoon of the 8d inst. The two had @slight misunderstanding when Eagan strack de- ceased @ blow in the face with lls fst. Below will be found the facts in brief as developed before the Coroner:— Hugh McGuire, of 15 City Hall place, deposed that on Suoday, the 2d instant, deceased and himseit eutered Frank Eagan's saloon, in Centre street; deceased had a bowl of soupand paid for it, after which he said to Eagan that the soup was nol good; deceased, in leaving, said something which sounded like “go to hell wih the soup;” Bagan started ont on the sidewalk after deceased, who stopped, and they exchanged blows; deceased bled trom tne nose, and, with the witness, went toa liquor store to stop the bleeding; deceased subsequenuy went home and complained of pain in bis head, Eagan in his testimony admitted that he “touched” deceased on the left side of the face, under the chin, with his hand, Other withesses were examined, but their evidence contained no facts of importance. Deputy Coroner Cushman, M, D., and Dr, E, T. T. Marsh, made & post-mortem examination on tie body and found that death was caused by compres. sion Oi the brain from extravasation of blood, te,re- sult of external violence. ceased also had a fracture of the nose, ‘The case was then submitted to the jury, who found that Patrick Black came to his deata by com- pression of the brain from extravasation of blood by @ blow at the hands of Frank Eagan, in 88 Contre street, on Sunday, December 3, STL. On the above verdict Eagan was committed to the Tombs to await the action of the Grand Jury. He is thirty-eig bt years of age, and born in ireland. Ke bad nothing to say to the charge preierred against him. Deceased was forty years of age, and also a Dative of Ireland. Hugh McGuire, the principal witness, was sent to the House of Detention by Goroner Schirmer, Both tithes and MoGuire will released from custody ud caused front of have iriends able and willing to go bail for HERALD, WEDNESDAY, DECEMBER 13, 1871.—TRIPLE SHEET, THE COURTS. Alleged Smuggling—The Appleton Divorce Suit Again; Important Ruling Therem—The Bow- ling Groen Savings Bank—Business in the Court of Over and Terminer—Another Black Friday Suit—Decisions. UNITED STATES COMMISSIONERS’ COURT. Charge of Smuggling. Before Commissioner Shields, The United Sates vs. John Hartley and Frederick Tall.—The defendants were brougnt before the Commissioner on & charge of smuggling from Can- ada into Port Huron, Michigan, 10,000 yards ofe silk. About one-fourth of uantity, worth $5,000 or $6,000, was recovered. e portion that ot recovered Of $12,000, The defendants were held to await an order of removal irom the District Vourt. SUPREME COURT—SPECIAL TEAM. The Appleton Divorce Suit—The Next Friend of a Lunatic May Cenduct a Suit in His Name—Important Ruling. Before Judge Cardozo. Samuel F. Appieton vs, Amelia Warner, Other- ‘wise Known as Amelia Appleton.—This well-known divorce suit, begun six years ago, came to the surface again in this Court yesterday. The defendant, it will be remembered, was married in 1841 to William Warner. He left her, accord! to her story, went to Caltfornia, and there, as she supposed, died. In 1864 she instituted a divorce suit against him in Indiana, and on april 26 of the same year obtained a decree of divorce, Previous to this time, however, as the friends of the plainuff allege —that, is on March 19, 1869—she was married to*the latter, and shortly afterwards the first husband turned up alive. Mr. Appleton became insane and his brothers had him placed in an asylum and commonced a suit for divorce in his name. A memorable feature connected with the suit is the fact that the late James T. Brady nade nearly bis last argument in thecase, he matter came up on two motious— oue by the delendants to strike out tne complaint as not being authorized by the plaimid, and the other by Daniei 5. Aypleton, a brotner of tne plain- urt, to be appomted Ms next friend to conduct the suit. Toe following cont all the material poiuts of THE JUDGE'S OPINION. Of course, if the plaintiff were sane, the motion to strike fron the files would necessarily fail, and the real quesuon presented to me 1s what should be done upon the substantially conceded fact that the plaintidl was, when the suit was Iustituted, and Bll coutiuues to be, Insane. The quesilon has given me nore trouble than almost ‘any that has ever been presented 10 me, principally because of the doubt that Ll entertained as to tne propricty of allowing any one but the plaintiff himsell to elect on a matter which seems s0 personal to him and to concern his mdiviaual happiness, whether his mar- Tlage should be declared vold or not. This objec tion was strenuously urged by’ the defendant's counsel, and 1 ielt the point to be one of great delicacy ana importance, and the researches of tie jearned counsel on either side fail to supply me with any case bearing on that view. Within ihe last iew days, however,,I have 1ound 3 case in which the question was directiy presented and decided by Sir Wm. Scott in Parnell vs. Par- nell (2 Haggerty’s Condensed Reports), which was & sult brought to obtain @ divorce on the ground of the adultery of the wife. The bill was filed on the part of the husband, who was a lunatic, by his com- mitee. It was, among other things, argued that the Court *‘would not entertain a complaint of this nature which depends so much on the acts and dis- positions of the husvand iu a sult instituted by any other person; but Sir Wm. Scott ailowed it to be prosecuied in the name of the committee and cited the case of Fust vs, Bowman, a suit to cancel a marriage. Asa precedent, he said, i any other rule appile the wie of a lunatic would have free license to com- mit adultery, and that no injury could ensue from allowing the suit to proceed because the tunatic, if he recover, may either condone the offence or stand on what has been done for him. Reference to cer- tain case, Porismouth vs. Portsmouth, in which & Siuniiar Course was taken, is made in Bowden vs. Bowdea, 2 Seval & Frist, 417. 1t foliows from these cases that the Court will permit the action to be prosecuted on behalf of the lunatic by some ono Tepreseniing him, although It is acase in which it seems thathe bas to Make an election, and that being so the motion to appoint next friend should be granted, the cause to proceed in the name of the Innatic by is next iriend, and upon that being done the motion to strike irom the files shouid be denied, Ordered accordingly. COURT OF CVER AND TERMINER, Before Judge Ingraham. This Court met at eleven A. M, yesterday, the court room, as usual, being crowded. ‘William Palmer, a colored man, was frst placed on trial, the chargo against him being burglary and stealing clothing from 124 West Thirty-first street, The evidence, which was somewhat curions and conflicting, created a strong doubt as to ls guilt, and he was Consequently acquitted. William H. Poole pleaded guilty to stealing a box of tea. He was employed as porter, and sald he ‘was intoxicated when he committed the teft. His employer interposed in his behaif and his sentence Was made light in Consequence—one year and six montis in the Penitentiary. George Edwards pleaded guilty to larceny from the person, He said he was only seventeen; that he cine irom Philadelphia to this city to get em- ployment and could get none; that he was com- elled to sieal in consequence, and that this was his rat ofence. He was sent to the Penitentiary for one year. Charies Uliman was tried on a charge of stealing $20 from Georgé Biack on the zd of November last, the moucy being taken irom his coat pocket. He ‘Was acquitted, James Norton, for stealing @ box of tea, was sentenced two years to State Prison, SUPREME COURT—CHAMBERS, The Bowiing Green Savings Bank, Before Judge Cardozo, In the Matter of ie Bowitng Green Savings Bank,—Application was made by the Receiver for leave to commence suits and proceedings to collect the assets of the bank. ‘The application was granted. Decisions. By Judge Cardozo, In the Matter of John G. Lamberson.—The ex- ceptions are overruled. Mary Bronson vs, John Townsend et al.—The mo- tion is too fate, Denied, without costs, In the Matter of the Application of Levt Gray et al.—Motion granted to extent of $500; no costs, Topping et a’, v8, Ferguson et al.—Motion granted, In the Mater of Ellen M. B. Connotly.—Applica- tion granted for confirmation of sale, Merwin vs, Merwin et al,—Contirmed by default. Amelia A, Dietz vs, John Dietz.—Motion granted for payment of counsel fee and alimony, Pomeroy vs, Mortimer.—Motion granted, Same vs, Same.—Motion to ameua granted on payment of $10 costs, Mary £ White vs William B, White,—Movion denied, with leave to renew on further proofs, Same vs, Same.—Tho father should be permitted to visit the children, ‘Time aud place wil be desig- nated in the order. Pendergast ev al, vs, Boist,—Findings and decree settled, fi Luke vs, Harrington et al—Motion granted arresting injunction, Luy et al, vs, Thompson.—Piaintif may enter judgment; levy to stand as security. Defauit to be Opened, and cause set down for next Friday. De-+ Tendant to pay $7, Cost of moon, In the Matter Of (he Petition of Fanny ¥. Orme by.—Memoranda for counsel. ranam vs. seyer el a/.—Same, ‘opstti v8, Heat,—Motion grauted on payment of sy costs. nw r30l vs, Roe.—Memoranda for counsel, Chase vs, Winant,—Motion granted without costs, In the Matter of ne Peluion Of Pawrick tracy to Vacate Assessment.—Memoranda for counsel, Andreas vs, Church et al.—Motion denied, Costs to abide event, In the Matter of the Petition af Robert Mecarter etal, to Vacale Assessment,—Memoranda lor voun- el. Winch vs, The Mayor et a’,—Taxation correct. Hawty vs, Dorman—Motion deuied, Costs to ablde event. . fe patti Receiver, vs. Thistie et al.—Referred ACK. Snow et al. vs, Rice,—Motion granted unies: within five days, ‘: we os Fetrtich vs, McKay.— Motion granted. Brown vs, Kilts,—Costs of mouon to abide event. Ma'coim vs Alien.—Movion denied; costs to abide event. Butier vs. Torbet et al.—Order granted. Lowden e: al. vs. Lowden et a/.—Findings settled, Littell vs. Quackendush.—Order granted. Low vs, Goodriage.—See memoranda of decision. Inre Wimerding et al, vs. M, H, Fowkr.—Same, By Judge Brady. Smith vs. Darts,—pee memoranda of decision. SUPERIOR COURT—SPECIAL TERM. The Tamperiaug with the Jury in the Black Friday Case. Before Judge Freedman, Isaac 0, Davis etal. vs. Henry L. Smith et al— In this case—the ‘amous Black Frivay suit-in which James Fis, Jr., and Jay Gould are the lead- ing defendants, preliminary steps were taken yes- terday to set aside the veruict of the jury. Mr. David Dudley Field submitted an aMdavit of one of his clerks, setting forth that James O’Brien, te charged 0} bis assoctate Tia being bribed.” but which sesneation ‘ha * denied at the recent ae ar refused to fo 60, It was that buch alidavit was essential to make to set a aside the verdict, and application was made for the appointment of a Referee to take the deposition of ir, O'Brien for the purpose of being used in such motion. The ize granted the application and appointed Mr. Joseph Meeks such Re! and with the same issued an order Chee Mr. O’Brien to attend before such Referee at such time and places as be ra may designate, to make the deposition req SUPERIOR COURT—TRIAL TERM—PART I. More Black Friday Suits on the Tapls. Before Judge Monell. Following in the wake of the late suit brought by 1.0. Davis, agent of Fisk and Gould, are sixteen other suits of similar character against the same parties waiting trial. The case of John Trevoir, the first on the list, will be commenced to-day in this court. ‘This 1s @ liveliness in. the way Of litigation that Fisk and Gould, with ail their experience in the courts, have never experienced heretofore, SUPERIOR COURT—SPECIAL TERM. Decisions. * By Judge Jones, Frederick R. Shettler et al. vs. Lawrence Shuster Smith,—Judgment for plaintif. See opinion. Henry 0. Hill vs, Harvey Spencer.—Memoranda for counsel as to settlement of case. Peter 0, Anthony vs, Asher @ Atkinson,.—Judg- ment for plaintiff, Findings settled, Let them ve engrossed and settled, augers K, Courtney vs, Elizabeth Blozam.—8ee opinion. Phe Board of Water Commissioners for the City of Detroit vs. Henry A, Burr et ai,—Memoranda for counsel as to sevtlement of case, By Judge Freedman, James Masterson vs. William C. Rogers et al.— Order granted in the three suits, overt Paimer vs, Rovert Kellyy—Same, Joseph H. Logan vs, Louis L, Tood et al.—Same. COURT OF COMMON PLEAS—SPECIAL TE \M. Decisions, By Judge Larremore. Fowler vs. The Pittsburg, Cincinnati and St, Louts Railroad Company.—It does not appear that the action is brought by @ citizen of this State. Motion dened. Weir vs, Sherlock.—Motion to amend papers antes Kitiot vs. Elliot.—Reterence ordered. O'Farrell vs, Marshall,—Motion denied, Lomis vs. Ciausen,—Motion denied. Smtth vs, The Soldiers’ Business dnd Messengers’ Despatch Company.—Judgment for plainud, with leave to amend, COURT CALENDARS—THIS DAY. SUPREME CourT—CigcusT—Part 1—Held by Judge Van Brant,—Nos, 191, 829, 685, 689, 705, 251, 219, 609, 1023, 211, 217, 281, 395, 653, 501, 637, 223%, 636, 657. Part 2—Held by Judge Brady. - Nos. 1474, 642, 142, 646, 794, 378, 418, 420, 424, 420, 432, 43234, 41434, 434, 438, 438, 440, 442, SurREMB CourT—OHaMbERS—Held by Judge Car- 40z0.—Nos. 183, CoMMON PLEAS—GENERAL TERM—Held by Judges Daly, Robinson and Loew.—Nos. 105, 110, 78, 74, 5, 12, 19, 21, 80, 87, 88, 89, 40, 41, 44, 79, 80, 104, 111, 18, 60. ComMON PLEAS—TRIAL TERM—Part 1—Held by Judge J. F, Daly.—Nos. 345, 893, 1027, 327, 946, 947, 1136, 1801, 876, 1028, 1829, 68, "102, 614,’ 332, 408, 46734, 1180, 772, 751, 122, 993, 1048, 1086, 241, 932, 847, 1134, bos, 527, 1034, 106434, 10053¢, 1127. SUPERIOR COURT—LRIAL TERM—Part 1—Held by Judge Monell.—Nos. 585, 1645, 805, 1007, 157, 589, 1221, 1225, 1081, 1537, 1235, 869, 1151. Part 2—Held by Judge Spenc jos. 882, 816, 0, 1038, 1040, MARINE RT—TRIAL TERM—Part 1—Held by Nos. 7043, 7054, 7219, 7415, 7117, 7419 7464, 8144, 8275, 8165, 7507, 7508, 1600, 2—Held by Judge Shea.—Nos. 7354, 7831, 7044, 6134, 7391, 7460, 7040, 7330, 7522, 6485, 7514. Part 8—Held by Judge Joachimsen,— Nos. 8233, 8265, 7627, 8248, 6260, 8137, J. v8. P., Ly vs. W., A. Vie Be BROOKLYN COURTS, fe} UNITED STATES COMMISSIONESS’ COURT. Counterfeit Money. Before Commissioner Winslow. Thomas Martin was arrested on the charge of having passed or attempted to pass a counterfeit $2. note of the Westchester County National Kank at L. H. Hawkin’s store, at the corner of Court and Union streets. He was held to answer. SUPREME COURT—GENERAL TERM. The Buckhout Case. Before Judges Barnard, Gilbert and Tappen. ‘This case was up again yesterday on the appeal for a new trial, when the Court decided that it must be heard during the present term. It was agreed by counsel to sabmit the case without argu- ment, the points to be submitted before the 23d inst. SUPREME COURT—SPECIAL TERM, Decisions. Before Judge Pratt. Aaron A, Degrar vs, James H, Elmore.—Motion toamend granted on condition that the defendant stipulate to tax no costs in Court of Appeals in case of reversed judgment. Charles Meissner vs. Mary 0. Mefssner.—Motion on plaintif’s stipulation to refer and take short no- tice ior alimony denied, Fifty dojlars counsel's fee allowed. William A, Cott vs. Edwin Wilcox et al.—Motion denied, with $10 costs. Charles E. Moon vs. The Wilder Salamander Safe Company.—Motion in order to show cause for in- Junction. Motion denied, planus? not appearing; $10 costs. CITY COURT—CRIMINAL BRANCH, A Young Desperado Sent to the State Prison for Ten Yenrs—Attempting to Marder a Man in His Owa Bedroom. Before Judge Neilson. On the night of the 13th of October last James Curry, @ young desperado and a member of the notorious Tillary street gang, broke into the rest- dence of Mr. Jerome Canfield, an old gentleman, at 162 Henry street, and in his search for plunder entered the apartment in which Mr. Canfield was siteping. Curry had removed his shoes on enter- ing the room, but his movements awakened Mr. Canfield, who arose in his bed. Curry thereupon drew a pisiol and discharged it at the old gentlemen, but the ball missed him ana lodged in the wallat the head of the bed. The burglar then escaped from the room and thence into the street. In bis flight he dropped one oi his shoes, which was taken charge of by Captain Joel Smith, of the Washington police station, Wuo de- tailed Detective Curson to work up the case, ‘The arrest of Curry was brought about in a some- What singular maoner. A day or two after his visit to Mr. Canfleid’s house a woman, who gave the name of Curry, called upon Captain Smith and complained of her son, who, she said wag in the habit of | remaniing out ail hight, and acting in ao very suspicious man- ner. He always carried a pistol, and, as the woman stated, frequently threatened her with vio- Jence if she did not furnish him with money. Vo the Friday night previous le was absent from home, she said, and did not return until] morning, when he had but one shoe on. Upon hearing this state- ment Captain Suniih was convinced that he had found his man, Tne deicctive was immediately sent down to Mrs, Curry’s house, in Tillary street, where he roreed venue arrested Curry aud found the odd shoe and the pistol. The bullet removed from the wall in Mr. Caniield’s room ftted precisely in the muzzle of the p sto), and the snoe leit by the burglar corresponded with the one found at the house to ‘lla street, ; Young Curty, who 1s only about nineteen or twenly years of age, was tried and convicted ta the City Court yesterday. Judge Neilson senteaced him to the State Prison for ten years and six moutus. Highway Robbery by Payligin. Owsar Hicks and Edward TI. Moore (colored) were Placed on trial for assaulting and robving one Wil- Nams, also colored, Oa the 13th of September last Williams was passing the corner of Bridge and Johnson streets, when he was accosted by Moore and Hicks, the former ol whom knocked him down, afier Which the latter stole ts pockeibook. Tne prisoners swore that tueir Chara ters were good, but ou the cros#-examination Moore admitted that he had been in the Penitentiary avout twenty times. The jury convicted both, and the Court sentenced each to the State Prison for two years and six montis, A Darky Burglar. Richard Treadwell, a darky, broke Into and rob- bed the tailor shop of Samuel J. Howard, at No. 119 High street, on the night of the 5th of November, He was afterwaris arrested, with several coats, Which he Nad stoien, in hia possession. He was cun- victed yesterday and remanded for sentence. Joho King’s Trouble—Married While Drank. John King, a littie red-haired individual of Ceitio birth, was placed on trial on @ charge of bigamy, Mary King swore that she was marricd to the prisoner by Father Quinn, at St. Peter's church, over three years ago, but that her husband lived with her only a@ short time, ‘hen Kate King appeared, with a heaichy babe in her arms, and swore that sie had been mar- ried to the prisoner for the past two years, In the Jace of this evidence King mounted the stand and declared that on ihe occasion of his introduction to Mary—some four years ago—tley ail got gloriously drunk, and he had the privilege of totiug the festive damsel to her ilttle bed. mynd oue of their sub- sequent Fd bed the prisoner said he got so drunk ‘bat be not know what be was about and wile 1m that condition they had him married espe He denied that he ever lived with the woman a3 "etry nedony Sate iad Yor ey aoa ted him ana he was discharged. : . Miscellaneous. Joseph Bese, an old man, was sentenced to the State Prison for ten years and six months for com- 7 ad an indecent assauit on a little girl four years charged with assauiting Benjamin Jackson, Nicholas Dillon witn a razor at the corner of Alarcy and avenues on November 6, was acquitted, THE ALLEGED BROOKLYN CONSPIRACY The Abduction of Michael Reynolds and His Second Will. The Accused Before Justice Buckley, in Brook- lya—Officer Lyons Held on 8 Charge of Perjury. The examination in the case of ex-patrolman ‘Thomas Lyons, Justice John Lynch, Louis Gold- smith, John McArdle, Edward Hare and John Dimon, took place yesterday afiernoon in Brooklyn, before Justice Buckley. The accused are charged ‘with conspiracy 1m causing the arrest and imprison- ment of Mrs. Elizabeth keynolds and her daughter Rosanah, for the purpose of abducting Michael Reynolds, husband of Mrs. Reynolds, from his house in Bergen street, Brooklyn. Mr. GOLDSMITH, who is a counsellor-at-law, moved that the charge against him be dismissed on the ground that the only way in which he could ve implicated in the case was for the DRAWING UP OF THE WILL of Mr, Reynolds, which he contended he had a nght to do in the exercise of his profession. Justice BUCKLEY denied the motion. Mrs. Elizabeth Reynolds was then called and tes- | tifled as follows:—I live at 1,329 Bergen street; lived | there on the 27thof November; Ihad a husband, Michael Reynolds; on that day Mr. Lyons, the pris- oner, and another gentleman came to my house; I think the other gentleman who came with him was this gentleman sitting next to me; on the day after they came again and talked with Father Creighton ana my husband; Idon’t know what they talked about, but they went out and brought in Judge Lynch, as I understood it to make a second will; Justice Lyncn asked me if he coald talk with my husband in private; I said yes, and left him alone with him; my daughter went in and, at the re- quest of her father, gave Judge Lyuch the will which her father had made about a year be- fore; he looked over the will, but did not say anything; he left the room, and I returned back and tola Judge Lynch there would be no new wil made there tnat day; Mr. Lyons asked my husband to make a will, and sald ne had a lawyer tiere to do it; “to-morrow,” my husband said, and the poor man was hardly able to speak; he was hardly abie to speak, having got a paralytic stroke the night before; he had been sick and suffering for two years before this, but worked off and on; they all went into the front room and asked Lyons what was between him aud my husbani, and said if you are an honest man you will tell me; he did not te'l me; on the Monday following Mr. Lyous and two Birange men came to my house and asked to see Mr. Reynolds; 1 said he was down stairs; they went down stairs and me and iny daughter followed them; Lyons said MIKE, WE HAVE A CARRIAGE for you now; my daughter asked what the carriage was for; Lyons said it was to take him to the hos- he my daughter said he should be attended to in is own house; they tried to get him into the car- riage, and me and my daugi er got him back again; my husband walked to the carriage, and then we got hoia of him; when my husband went to the car- Tiage he walked all alone; when | took my husband in ali the men with Lyons went away, and svon after they came back with a warrant to arrest ine and my daughter for assault on my husband; the officer read the warvant to me and my daughier and arrested us and took us to Judge Lynch's Court; Mr. Goldsmith asked Justice Lynch to keep us under arrest until those partiés got away, and we were kept there; Justice Lynch adjourned the hearing of the case tll the 11th of tnis month; I could not tell how long I was 1n Court before I was let out; { went home and found that in my absence my husband had been taken away, and I never saw him again until his body was BROUGHT HOME TO ME A CORTS®; Ihave seen Lyons before, but never knew that he ‘Was a relation of my husband; imy husband never told me that he was. Father Creighton testifled as follows:—I knew Michael Reynoids, deceased, and was freguently in his house; I was there on the 14th of November, aad ogee him for deat; he was sick, and I gave him we THE LAST PRAYER OF THE CHURCH; I bad been iooking for his deato for the last year past; never saw Mr. Lyons at tne house; tne first place I saw him was in tie station nouse in Spring street, New York; he was a policeman; had a few words with him, and le acknowledged before the captain that he brought Reynolas to his own place, 429 East jouston street, New York; the Captuin asked why he brought him there, and he acknowledged that he had executed a will in his (Lyous') favor at 429 Kast Houston street; the will, to the vest of my knowledge, wag drawn up by counsellor Molt; the Captain asked him if he nad ever heard teil of a mortgage on the property, and he said no. By the JupGE—Who iirst said anything about the mortgage? WitnEss—The property was said to be worth about three thousand dollars; the mortgage was not drawn until the next day; I heara nothing about tne mortgage until Lyons was on trai, and then he said he had taken a mortgage on the property; should not think the property was worth over $1,200; went to get a copy of the affidavit and warrant and was then told that @ second will bad been drawn up; Evone wanted Justice Lynch to draw up the will, and he WAS TO GET TWENTY-FIVE DOLLARS FOR IT, but he only got twenty-five cents for the warrant. Cross-examined by Mr. u’srien—Prepared Mr. Reynolds for death on the 1ith of November; did not think he was sane at ihe ume, for he could not speak; read the prayers to the dying. Mrs. klizapeth Reynolds recalled—Did not hear the conversation between her husband and Mr. Ly. ons, but the boy heard Lyons say that he wunted him to sign & will. by the JuDGE—Did you see Mr. Lyons that day betore you went to Court? A. Les, sir; 1 was prea- ent all the ume. Q. vid you strike your husband on that day? a, No, sir; J never struck my husvand to my know- ledue. Rosanah Reynolds testified as foliows:—I was present the day my lather was taken away; was there at the time Lyons was tn the house; was out of the house about filteen minutes while Lyons was there, and don’t Know wnat hie said to father dorin, that time; the boy McMapnnus came out and told me that Lyons hada will in is pocket; asked Lyons whatit washe had im bis pocket; never struck my /ather, James McMannus testified that he was in the house wnen Lyons was there, and told Rosanah about the will; Mr, Reynolds did not tell Lyons tuat he had been ASSAULTED AND DRAGGED ABOUT THE ROOM, Cross-examined—Remained in the house until Mr. Lyons came back with the warrant; heard Mr. Reynolds tell Mr. Lyons that he had not had any. fing butacup of tea; did not make the tea for um. At this point Jonn McArdle, Edward Hare ana } John Dimon were discharged, as tue evidence did not impilcate them. Edward Hare was then called as a witness and tesuficd to gomg to Reynolds’ house, im Berg Street, On the 27tn of November, with Oilicer Lyoi Lyons came to his place of business and ask him to go over and witne: ue execa- tion of a wilh of a cousin of his; ne did not give any pame at the time; heard it said that the will had by drawn up by lawyer Mott; wien Mr, Reynolds saw Mr, Lyons he ran out to meet fim and said he was willing to sign the will but his wife and daugh er would not let nim do 80; Lyons did not say what Was in We Will; heard him say that he had been SADLY ADUSRD BY HIS FAMILY; it was only two days vefore they had pushed him over the stove, and his daugiter said, “Well, you were not burned; he told Lyons that all he had (or his breakfast was @ Cup of water, he appeared to be well and talked vary sensibly; went vw the court room and saw Lyons swear to the warrant; mr. Pes gered hee shore hy wish lo go with Mr. Lyons and uever gO back to his home again; he would not speak to his wie; dusuce Lynch gave him his choice as to whether be would go with his family or with Mr, Lyons, be preferred to go with Mr, Lyons; on going out he thanked God that he was | away from his own home; came down the toilowing morning and heard the wil read to Mr. Reynolds; be ovjected to the Clause giving his wile $400, but said since it was in they mignt le. it remain, Several other witnesses were examined, when the case was closed. Mr. Goldsmith was discharged @nd ihe charge of conspliacy Was dismissed, Judge Lynch was aiso acquitted, and ex-patroiman Lyons was held on @ charge of perjury, in procuring the arrest ol Mra, Keynolds aud her daughter. Assistant District Allorney Vearsall appeared for the prosecution. IRON SHIPBUILDING IN THE WEST. St. Lours, Mo., Dec, 12, 1871. The lower house of the Legislature to-day adopted concurrent resolutions calling upon Congress to aid in establishing an iron shipbuilding yard at fiome point on a Western river, In conformity with Vhe suggestion of the Secretary of the Treasury, ‘The House aiso adopted a joint resolution to do- nate the reports ol the Supreme Court and & copy Of tne acts of the session to the Cticago Library Aseociation, The Senate referred the same resoiu- tion to tha Commiites an Wave and Maans THE GREAT SOIL EVIL Another Vindication of the Law for the Punishment of the Crime of Abortion. = Conviction of Mrs. Byrnes, the Female Rosenzweig, a Sentenced to the State Prison for Seven Years. ‘The sleepless Nemesis which pursues crime always, whether through the officers of the law and the sen< tence of offended justice, or by the more terrible, agency of a remorseiul conscience, nas just overy taken another of the fearful pests of our sociabsys< tem—a professional aborttonist. Yesterday, it the, General Sessions, Recorder Hackett, before which{ tribunal Dr. Wolf, Lookup Evans and Rosenzweig; were tried, convicted and sentenced to the State Prison, Anne E, Byrnes, one of that horrible fra; ternity of abortionists, was also tried, convicted) and sentenced. The testimony in the case was confined to the circumstances attending the deatty of the young, erring and unfortunate Mary Russell, whose death was laid to the charge of the prisoner,’ butextended to other cases, bearing, however, om the principal charge, showing the wide range ta which the accused carried on her horrible and mur derous practice, } The prosecution was most ably conducted by) Assistant District Attornoy Fellows, whose address‘ to the jury insumming up was really @ most im- pressive forensic display—scathiug, solemn ‘and: affecting in his review of the testimony and in his i denunctation of the crime and its attending circum: stances, with which the accused stood charged. ‘The court room was crowded from the opening! of the doors, but through the censurable non-’ attendance of one of the Jurors at the proper hour, some delay occurred in resuming the trial, Re- corder Hackett read a lesson to the temporarily’ absent Juror, which, it is hoped, will be not only leason to nim, bit to all jurors sworn on the trial & case, to be obedient to the instructions of the Court requiring an early attendance on their part CONTINUATION OF THE TESTIMONY. Dr. Bliven was recailed by Assistant Distri Attorney Fetlows, and testifi¢d that the prisoner na@ ine reputation of being a professional abortionist, , TESTIMONY OF A VICTIM. Mary Richardson said that abont eighteen mont! ago she went to the house of the defendant, in Ol ton street, for the purpose of having an abortio! produced, and that Mrs. Byrnes(performed tt by instrument lor $10. 7 Mr. Howe objected to this testimony, but the, Recorder admitted 1 t, simply for the purpose ol 1m- peaching the credibility of Mrs. Byrnes, who sword that sie never performed an abortion upon any per- son. Officer Parrish and Dr. Roberts testified that the accused was reputed to be a professional apor-{ tuonist, ‘The case being closed on both sides Mr. Willany F. Howe then renewed tne legal objections to the panel of jurors and other technical ponte and pro? ceeded to address the jury upon the facts, In eloquent and forcible argument he maintained thai the medical and other testimony adduced failed establish tne guilt of his clieut. SUMMING UP FOR THE PROSECUTION. ) Assistant District Attorney Fellows made & powerful appeal in behall of the people, claiming» that the evidence clearly showed that Sirs, Byrnes’ Was @ notorious abortionist and that she periormed; an operation upon Mary Kusseil, whose dying state-’ ment corrovorated the testimony for the prosecu- tion, When Colonel Fellows portrayed 0: Jervid! and eloquent language the awiul crime Which pro-: fessional aboruonists in New York commitied, the) audience coula scarcely retrain from giving expres- | sion to their approbation in demonstrations of ap- iause. ‘Ihe conviction of Dra. Wollf, Evans an Rosenzweig had tended greatly to suppress th crime ia our midst, and the prosecuting office) urged the jury to convict Mrs. Byrnes, WL0 repre+ sented the female abortionists, THE CUARGE. ; Recorder HACKETr proceeded to deliver his chargey, and after defining tie law under which the prise Ouer was indicted, instructed them that in order to Justily a conviction the evidence must have estab-, lished the fact that on or about the 234 of August the prisoner employed some instrument or other, means to produce the miscarriage of Mary Russell; that the use of such instrument or other means waa Not necessary to preserve wer life, and that the ems; ployment of an iustrument or ‘other means by, the: prisoner directly superinduced Mary’s death, whica occurred on the sd of September last,. His Honor read copious extracts from his minutes or the evi- dence taken on the trial, and in conclusion said that to his appreheusion the case presented no featurea of diniculty, the law defining the offence being sims ple and comprehensive, 1c was for the jury to say Whetner the evidence had satisiied them of thé guilt of the prisoner beyond any reasonabie doubt, and if so their duiy under tnelr oatus demanded a@ verdict of gutity. THE VERDICT. The fury were only absent about eight minutes, when they returned with a verdict of “Guilty.” Colonel FELLOWS moved ior judgment, Mr. Howe moved an arrest of judgment apon the ground that the record showed in the case that thd Court had no jurisdiction. TNE SENTENCE. Recorder HackEIT dented the motion, and seniencing the prisoner said:—“There is a strang coincidence in your case. Un the 23d of August las! @ professional abortionist, by the name of Dr! Rosenzweig, periormed an operauon upon the per- son of @ young girl, Alice Bowlsby, and caused her, death, aud on that very same day and about tle same hour you periormed a similar operation upot this young woman, Mary Russell, which super Induced her death. Your indifference to the result, of your brutal crimes is shown by the fact that bot) you ana your contidenttal friend, Mrs. Conch, im Whose house you were a@ tenant witeu Dre Lookup Evans, another protessional aoortionist, bad been tried and convicted in tals Vourt, aud_you were warned of the danger; you paid no regard ta it, but right in the face of that warning you perpes Wated this crime upon this poor young girl, Mary. Russell. It would be a waste of time, in my opinion, to expauate upon the brutal crimes and murders whicii your conscience must have charged you with committing at tus and other tumes. The only duty remaloing with the Court 18 to send you ro the State Prison for seven years, that being thé highest penalty toat can oe lufiicted, ” THR PRISUNER manifested considerable mental excitement at tha Speedy determination of the case by the jury, aod the prompt sencence of the Recorder, wich send@ her to the State Prison for seven years—as the Kea, corder said, the heaviest penulty the law allowed. ANOTHER PRISONER “NEWKIRKED” AT JEP. PERSON MARKkT, On Monday mght Oficer Patrick Fay, of the Eighth precinct, arrested an unfortunate named Nellie Richardson, aged eighteen, of 164 wooster street, for disorderly conduct, After belng confined in the station house all ulght the woman was ar- raigned before Justice Shandley, at Jefferson Mar ket, yesterday morning. While arraigned before the Justice her language towards the latter and tae officer was not of a very refined nature, im consequence of which Justice Shandley com- mitted her. As the oilicer was taking her across the bridge to her new home in the prison she made some remark which so enraged him that he took her by the back of the neck and threw her neadiong down the long and steep Might of stairs, Providentialiy the unfortunate woman, when near the bottom of the stairs, ecized the irom railing, aud prevented hersetf from falling on the stone pavement in the court yard. One day last week this same Oficer arrested a female for steal. ing $15 In money from a man. Upon conveying the parties to the above Court he iocked the complatn- ant up in the court ice box and allowed the prisouer to sit among the audience, Kefore the arrival of the Justice the prisouer quietly slipped from the court room and bas since failed to come pack. COURT OF APPEALS. ALBANY, Deo, 12, 1871. The following decisions were rendered in the Court of Appeais to-day :— Judgments ailirmed with costs—Delap vs. Wood- burs; The National Bank of Salem va Thomasy Hawkins vs. Baker; Mallory vs. ‘the Travelier’s (n+ surance Company; Fox vs. Dunekel; Thompson va, The American Tontine Life and Savings Insurance. Company; Siltenrich vs, Hemines, Judgment reversed and new trial granted, costs to abide events—Gibson vs. Tobey; Simmons. va, Cloonan; Krulder vs. Ellison. Judgment reversed and proceeding dismissed. ‘With costs against the platntlif—Clark vs, Wise, Special Judgments—Stoddard vs, Whiting; dai ¥ he se Comstock vs. Johnson; Young vs. ent, ‘Order granting new trial reversed ana Judgment on report of releree aMitined with cosig—Kichard- son va. Carpenter. Orders affirmed with costs—Pike va, Johnson; Harland vs, Litienthal. Appeals dismissed with costs—Stienburg v8 House, Motion denied with $10 costs—Brookman vs. Hamull. . CALENDAR. The following 18 the Court of Appeals day calcn- dar ior December 1a:—Nos. 422, TES. ton. 435, 816, 431, 400, 476,