The New York Herald Newspaper, December 16, 1871, Page 11

way PO fae meen ier TT -* TUE FIRST OR THE HOSTAGES, The Assassination of Gustave Chaudey and the Trial of Ifis Alleged Murderers, \ The Reign of Elood—Raoul Rigault’s Victim— A Glance at the Horrors Enacted Under the Commune—The Resolve That All the Hostages ‘Should Be Executed—Pen Pictures of the Prisoners. Pants, Nov, 80, 1871. Another volume of the book of crime has been ~ this day opened, Tbe sixth Conseil de Guerre, under the presidency of Colonel Del porte, assemoied in the Salie de Manége, at Versailles, for the trial of five wretches tmplicated in the murder of Gustave Chaudey, This, the first, trial of Communists for the assassination of hostages attracted peculiar wtlention, Gustave Chaudey was a rédacieur of the Siole. The detaiis of the crime are most revolting, THE PRISONERS, Préau de Vedel, an engineer. Heurt Beun, of Engitsh origin, alace maker. Marwn Berthier, an engraver. g: Victor Pollet, a lace maker. Augaste Soipteur, a shoemaker, THE FIRST ACT OF THIS HOBRIBLE DRAMA must be considered the ¢meu/e on the 224 January, On that day Gustave Chaudey commanded at the Hotel de Ville, he was adjoint of the Mayor. He on that occasion attempted to appease the crowd, but his speech was interrupted by rifle shots, He al- ways denied having fred on the peuple, although he would have been justified in having done so. The tacapacity of the men of the 41 September gave rise to the emeute of October 81; the want of de- cision oa that occasion was the cause of disturbance On the 22d January and the insurrection of We 18th March. Incapacity has been the cause of blood and ruin. The cele @accusation against the prisoners 1s excessively long, I need only give you a resume, Gustave Chaudey was first denounced to the Com- mune in that detestavie publication Mére Duchénes 1 send an extract irom the disgraceful effusion in French, No trunstauion could do justice to iis rdismi— a pas dientot decreter accusation ce ait-on dans cet ignob.e article, et lui fatre uit des vous praneaux de six livres connaitre un dout it nous a re Le Pe Du hew mt tend ceite justi la brave Commune fe hatera de ia int e fr" Mle faut, si vous vou Kt vous voulez que ca marche, n'est pecher vous, On the day ioliowing the appearance of the above €@man named Pilotell, a Cominissary of Police and afterwurds Délégué aux Beaux Arts, one of the = most trustworthy agents of the notorious kaoul Rigault, received orders from the secretary of the latter, Pacosta, a youag ruilan, scarcely emerged from his teens, to arrest Gustave Chaudey, Puloiell Went to the house of the victim and sald, brutally, “We must have the citoyen Chaudey 1 Madame Chaudey replied that ber husband was not there. The Commanists proceeded to the oMce of the Siecle, arrested Chandey and conveyed him wo the Mazas Prison, where he was placed in solitary con- finement, A iew days afterward Pilotell returned to Chaudey’s residence and appropriated everything he found to.tits taste. Having found 914 francs, he pocketed 815 francs, giving as a rea-on for his doug so that “its gold has piood upon it’? 3 Papers of iuportauce were also stolen. Raoul I- Gaull interrogated Chaudey WHILE AT MAZAS, and accused him of heaving bred on the onie on the 22d of January. ‘Ine ner replied that le had uot done so, although lie would have veen justi- fied ta su dog. Madaue Cuaudey, by peruission of Protol, the Minister of Jusuce, was au first per- mitted Ww see her husband, Lut this permission hav- wd Wy been Witudrawn stic cine ber repuguance aud sought an interview Wilh Kaoul Rigault, ‘That @sseuce OF bruiuily unfeciuigiy auswered:—“It It Lonly depended on me you would have never t (ermissiou to e by dint of per on the 19ttt oO; May 0 uioviil of ter Nuts v dit, WY Which Were The log t hoped Unat vals ut from (he ine awaiting lis uutortunate felow prisoners. On the wid of May, the anatversary ef iis marrige wod of the birth ot hes chud, Chawuey as i permisstou for his wile to dine With hun i prisow, this request. was relused.. At {our o'clock’ Madwuie — Chaude; jet’ hee Lusvand tore AL eleven ofeloe Wie same might ube aruved at Sainte Pelagic and asked to sc tor of the | ‘Phe yoveruor, Kauvier, brotuer ol tae | wito commanded the uring pariy when che v8 were CAccuted, Was Cugaged Li diag gle with Préau dé Vedel, Jouy ment and oer oiicers of the Natoual pai Kygauit,’’ said one of ta li drauxea governor and bt ed Uistantly aud li ve lu ieel We reuowued “Announce Ki ry aiions became sober own to tie prio of Communist, R ULT, THE ASSASSIN, at this time writing In his cen. The elie: turak by order of Raoul iigault, brought up the prisouer, ea Chaudey,” said Rigauit brutally, “1 nave Nile Lhe prisoners; Within Ove munuies hot’? Higault,”” replied Chaudty, “redect Chaudey w: come tw you will be s “But, Kaoul L vou do. replied the assassin, smiling, “that yesterday and the day betore by the | Commune in council that ail ihe hostages should be execated.”” “Remember, Raoul Rigault, that 1] am a good re- + publican; thae f have always wistied lor and stul de- sire a federal repuvlic, atid tat in kiling me you notouly commit murder, but you compromise the Loltuess OF Our cause —jou Kili the republic.” “You Wished to anmibibite us vn the 220 of Jann ary wheo you fred on We people from tic windows of the Hotel de Ville.” “You are mistaken, tions, As adju authority. 1 had not tie to fire.” “orest possible; but at any rate you and . THE OTHER HOSTAGES ARE ABOUT TO BE “But, citoyen Kigauit— HEnough ot tis. Lhave no time foramusing my: sell. Do you wish to conless!” “Do not joke; Kaoul Kigauit, you weil know I have no desire to contes “You are an ass: in,” replied the Procurenr of the Commune, angrily: “you are tie cause of Bian- qui fa ing becn murdered.’ “it is faise, 1 can prove that he ts living, and L can even se hii to be hiverated,”” “You , wen, in correspoudence with Ver- sSaulles:” revorted Kigauit, turiousiy; “you kuow that Biaugui bas been assassinated; you ‘and tbe oiher hostages will answer for nis death.” en,” Said Chaud caimay, twit HOW A REPUBLICAN CAN DLE.’ Raoul Rigault then sighed the order for execu- tion, whicu, durug the above conversation, Lad been drawn up by lis secret Stom. TUE DEATH WARGANT. Refore us, Raow! Riganit, member of tue Commune, Procu- reur of the said C Gustave Chantey, ex-Adjouit to the Maye } Bouzon, Oapdavive add Pacatie, Republican Guards; having note! to them that whereas the Vereatiisia tire on nis from the windows, and that the time ba¥ now arrived to pat an enil to these proceed= jogs, 1B consequence thereol they Would ve Imie.iately exe- cuied 1 the court yara of this Houne. RAOUL KIGAULT, Procurear of the Commune, SoM, Seere\ury of the Procureut. Panis, 23d May, 1871 ON THR WAY TO DEATH Préau do Vedel, Gentil and Clement, who had left the prison oilice, wow returued and informed Ki guuit tual ail was ready, ‘The commander of the ard had some dificuity im detaiag te fring party, as the wen first nominated reused to comaut murder, Bigat wien of te 245th butiaiion, under command of Sub-Lieutenant Leonard, ass by Sergeant Chibaudier, however, undertook tie alan. Leonard actually hitsei placed tue cariridges 1p the rifles, Rigadit When let ive prison oilee wit his vieuim, accompanied by Vedel, Geni and Clement. ; ‘The uniorta fune- Mine were simply civ Mayor 1 had ‘uo i right to oraer the Wor Ops snor.”? ale Chaudey was conducted tw the Chemin de Ronde, insalted aad threaiened by these monsters in human form, the accused Bertier lighting the party with @ lantern, Chauaey re- minded his executouer that be had a wie ang la. on hat is that to me?’ replied Rigauit, brutally. Well, teu, ? repeated Gustave Cuaudey, “i will show you that a republican Knows bow to die.” sor DEAD. “when the Versaillists caich me, they. will not pardon me,” retorted Rigaalt, who ratsed ois sword—his men fh but one shot struck Chaudey Ww the jeft arm, wii shouted thrice, “Vive la Rey ube Uqguel” before Clement bred at hun point blank, and he fell. At the aacae tine Gentii fired at him several shots with his revolver, shouting ds he ald so, “Allends, fe vais Ven sere, uela Kepubliquel” aud Prean de Vettel biew out Cuaudey’s brains With & shot from his Chassepot. WIS ASSASSINS were $0 much struck by the courage di Onaudey what Kaoul Rigault invo.ao claimed, “At any rate, Chaudey died co crying, ‘Vive la Republiquer” FRESH VICTIMS, ‘The Procureur of the Commune then returned to the prison ovice and ordered Bertier to bring Op ihe “thvee geadarines, These unfortunates pro- Jesied thelr mnocence, but were led to the wa.) at the foot of which still lay Chandey’s body, weiter mg in blood. Kigault ordered iis men todre, ‘Two of the gendarmes fell. The toird attempted to es- cape, and then a regular man hunt ensued in the Chemin de Konde, Vedel and Clement kilied the wounded geniarmes; While Rigauit and Genul, + who had given chase to the third, joand hin hiided splayed by ary @X-+ weously, White the chiefs were absent the assassins of Chaudey had rifled his pockets. Tis watch, @ rou- jeau of one thousand francs in gold, his purse and wedding rng hud disappeared. The dead bodies were then removed ina dung cart and on a stretcher to the Llospitai de la Pitie. TH | RISONERS LISTE! to the reading of the charges aga stupetied air, Unitke the chieis of the Commune, when tried, exnioted considerable bravado, accused uw before Lae Court appear completely cast dowu, Cau they have beard of the execution Ol Kossel, Bourgea.s aud Ferre? PREAU DE VEDEL occupies the fatal seat to the right of the first rank ol tie prisoners’ dock, Ail who have as yet ap- peared there have been condemnacd io death. His fate 1s seuled, his weneral aspect indicates absenee Of ail hope, The Presadeut ordered lim to rise, He Is a Mun about Lwelily-eivit years of age, thin, dark, with much hair, beard and mustache. His countenance ig anything put assuring, bis shoul- ders excessively narrow, his forehead low aud ine significant. tHe is well dressed im black and wears aribvou In his buconhole, He has already been convicred of swindiiog, aod was Hbrarian in the prison of Sainte Peiasie., In answer to tie Presi- denvs questions tus moruing he deaied having fred at Gustave Chaudey. lie lad remaiued in the prison during the tMsurrection, as librarian only. When searct was mude at ihe house of an Itahan fainily he had not caused the women to be stripped, it was Kanvier who directed everything, With re- spect to the assassinaiuon of Claudey, who was placed under the lauleru th the Chemin de Ronde, Clement gave bim tie coup de grace, Bertier held the light and Benn looked on, le believea tat Benn was at his right hand; at any rate he represented him therein a drawing which he had made of the execuuion. With respect to the gen- durmes he had uol tired: he was not armed. le had only been given a@ revolver after Rigault had leit; Ber.mer and Lenn were not armed, He had never taken part in (be orgies which had: veen enacted tn the prison; ‘nis position had uot been 80 agreeable, and, besi‘les, he had too much respect for Limself to tadulye in aebauchery.”” BEN, the second prisoner, was then told vw stand un, @ Pespectabiy dressed man in biue top cuat, wear Ing round his neck & white silk cacne-nez He is forty-tnree years of age, but appears much older, He has high forehead, iron gray air and beard his teutures wre aquiline, Ln fact, tus head is ine; would make a good model for a work, te 18 tall and thin ; nothing about him of the Communist type. To the President's questious he. answered calinly and with propriety. He was prison Greer, he had rendered good service against the Prussians, he had taken no part in tbe murder of hostages, he had uot tuduiged in the prison orgies. BERMMIER Was then ordered to rise, A young man, twenty- three years of age, fult, Weariag short tair, no beard but asmali mustache, Hes well dressed, with @ low turned down Byron collar, He declared that he had been forced to attend the executions, He had uot lighted the men; he was veniad them, aud the lautern ‘he carried was @ dark lantern, Préaude Vedel had Stated that ne nad shouted “Vive (a Répubtiyne 1 but it was untrue; te Was Loo much overcome by bis feelings to have done so. ‘They had tureatened Lo blow his brains out it he refused to accompany the fring party. Jt is true that he accepted the luncuons Of survediant under the Commune. He could not recollect Wao were present at the execu- tuons, but he velieved tiat fr au de Vedel fred, and he knew that Gent and Ciemeaut went to pring te firing party. ED t them with a POULET, The fourth prisoner was interrogated. Pollet 18 lorty-lour years of age, Ulick-set, dark and deter- mined looking, He wears a small mustache, but no beard. Lie 1S not so well dressed as his compan: fons, Me Is a married man, but the prison jaun- dress Was his mistress, and on the night of tae mur- ders the gay Lotnario wa; sleeping in the prisoa, He Kuew nothing; he bad heard some noise, did not know tho cause. The witnesses who sald that he had called to the murderers from a Window, ‘If you want assistance 1 am here,’ had not svoken the truth. ® SOIPTEUR, _ The Gfth prisoner nen rose for interrogation. Sompteur ts titty years of age, a wretched looking nuinal appareauy, with one foot already in the grave. He is a living “thread paper,” sick aud stupetied, very tall and very dirty, with a baid head, across which stragale a few dark, lank hairs, which by some mistake sul cling there; a tuin, weedy Mustache and beard to match. He persisted in as- serting that he Know noilnng of the afar. ‘Che President desired tum to speak louder. Soipteur repied in wheezy voice, all inaudible, “ve suts maade!? Tas wretched looking betng must be wretvhedly poor, or he wouid have long since paid for his own burial, SMALLPOX IN BROOKLYN, Occasion for Alarm--The Vaccinating Corps at Work~—Spread of the Disease in Different Sections of the City, A large portion of the citizens of Brooklyn who are not brought airectly in contact with tne small- pox, which das assumed the form of an epidemic, and whose nerves are not shaken by sceing a victim of the terrivie disease taken trom some house under their noses, naturally assert that there ts no ovcasion for alarm, Where an epidemic of this kind 1s prevalent every effort is made to quict the fears of the pubite; but on this occasion the apathy manifested by the ciuzens 18 realiy remarkable, and any attempt to suppress an alarm would be quite unnecessary, Every one {880 wrapped up in the pursuit of business that the deadly grip which the disease has Like upon the city 1s not realized. Poy- sicians are, of course, the last to admit that they have patieuts with the smallpox upon whom they are in constant attendance. Confessions of this Kind would not be calculated to increase their practite, for very few would care to come in close proxunmity to them alter & visit to a smallpox patent. The majority of those who have taken the disease are unable to tell how, when or where they contracted it, The contagton 8 spreat mm Varous ways, but principally by peope who visit patients and then go out among Ue ciuizeas, riding I cars and poals. So far as possible tie tims are being removed to the hospi- tai at Piatbush, aud the buiidings there are being rapufly tilled ap. ‘The epideime at the present time is much wors than it was in the lal of Is61 and the winter of 188: when Dr, Jones was tlealth Oficer of the ety. same means Was resorted To then as NOW tocheck tie progress Of the disease, nat of vaccination, An extra Corps 0! phystclaus were then employed to go into factories, schoois and other piaces to vaccinate, and everybouy subiniiied quite whiingly. Finty thousand” people — were ~~ vacciuated in the course of two Weeks, and the physicians 1m Luts Way svon got control of the contagton. ‘Thus year it has made is appearance im sections of the city where its existence was least. looked for. There are, it 18 said, a number of cases on the Heights, thougn it 1s Kept so quiet Laat even those living in close proximity to the dwellings m Which paticnts ure quarantined are uot aware of the joel. On Thursday there were twelve cases ro- ported at the Healt vitee, and yesterday there were twenty, Ur. Cochran, with his corps of physicians, is NOW busily at Work vaccinating ihe cilizeus, and 1g of the opinion that the disease wil be prevented iromspreading tothe extent 1 has In Putladeipata, ail physicians are ur, ciate ali they can in their privaie pr inuates in all the fastitutious are being lu order vo prevent a spread of the through that source. Eight little boys, had been siflcken with the contagion im the Orphan Asylum, Were rewoved to the hospial yesterday. A prominent newspaper man Was Laken With tue disease on Sunday, Was removed to the hospiial on Monday, and yesietday t was ree ported that his recovery Was aouvifal, fie ambulance wagon was telegraphed for from nooint, Where it ts sald the disease prevails to Al Alarintng @xtwut. At Gowains t ts reported thera are a large num- ber of people now lyiug sivk With the disease, THE FATAL ORUSHING OF OSCAR BIBBIG, Light the Cause=Tho Corporation Severely Censnred. Coroner Schirmer yesterday moruing Investigated the case of Oscar Bibvig, the German who was crashes beneath the wheels of car 120 of the Belt Rauroad, corner of South and Cortes street, on the evening of Tuesday last, the particulars of which have heretofore been published, The evidence shows that the horses at. tached to the car were turning the corner on a Walk at (he tire of te acchlent, and It Was so. dark at that point as to be almost impossible for tue driver to see au object on tue track uniess looking on the side of the car, The testiaiony of two or three wituesses showed conclusively that there were bo gasiights within three or four viocks of where (he accident occurred, wuo Lack of Coroner Scuirmer, on the testimony adduced, soimitied the case to the jury, who ren- dered the following — verdicti—"That Osvar Byovig came to his death lrom injuries received by bethg accidentaliy run over by car 129 of the road Company, Corner of South and Cor , On the i2ip day of Decemver, and the jury severely censure (he Corporate autiorities of ‘the city [oF neglecting to properiy hght te streets in the vicinity were the accident occurred.” jbo WhIOW Of deceased, a Very respectable Ger. man woman, has oeen felt with two coudren and lib tithe or no means Of support. fn at 82 Bartlett street, Brooklyn, Mrs, Bivbig intends to commence. a civil action against toe culy for damages, anew source of wealth for the North of Scotiand Would appear (0 be promised OF (he dicovery of iron ore of excelent, quaiity ta Caithness, Professor Anderson, of Giasgow, has pronounced the percen- tage of pure metal io ithe specimens to be guod; out the geological conformation of the strata is such as to leave it doubifal Whether the extent of deposit is suiticient to end the sinking of mines and the working oF them. In the event of the hopes that have been excited proving well founaed there is a strong likeiliood that iron shipbuilding will be added ina sentry box, brought him back to the bleeding bodies of bis comrades, Where he a@iso wad show to the Industries of Aberdeed aud over places on tho North couse THE COURTS. Legislative Order for the Sale of Real Estate— Assemblyman Figlds’ Bail—Disagreement of the Jury on Quimbo Appo’s Case—The Black Friday Suits—Important to Con- tractors—ihe Grand Jury in the Goneral Sessions Rise to Bxpiain— Sentences and Decisions. UNITED STATES SUPREME COURT. The Milwaukee Minnesota Railroad Company Appeal to Kecover Moary Paid iu Error. WASHINGTON, D, C,, Dee. 15, 187. No, 37, Milwaukee and Minnesoia Ratiroad Com- pany vs, James T. Souther et a!.—Appeal from the Cireuit Court for the Eastern district of Michigan, ‘This 1s one of the many suits petween these parties, the subject matter of ail of which being jamillar to the public, This particular one 1s brought to recover oack money paid tuto Court by the railroad com. ) pany to discharge a mortgage hela by the deiend- ants in error, on the ground that 1b vas paid by mis- take, or under the erroneous beilet thai the company was the owner o! the equity of redemption and thus entitled to discharge the mortgage. ‘The biil was dismissed on demurrer on technieal grounds, and the case 18 brought vere, the appellant coatending Uhat the Court beiow misappreheaded the case, and Put into the mouth of the company what it never claimed when it said of it that ‘it cannot now be heard to say that it 8 not a corporation.” It is. insistea that no such plea was made and no Auen uestion presentea. Qn the other hand it ts asserted that the company directly avowed Itseli a corpora- hon, and as such exbipied the bill in the case, George B. Smith and W. H. Carpenter for appel- lant, John W. Cavey ior detendants, UNITED STATES CIRCUIT COUaT. Decision in a Intent Suit. Yesterday, in the suit of Samuel B, Kittle et al. vs. Richard W. Frost et ab, Judge Blatonford de- cided wnat the plaintins are entitled to a perpetual injunction and an account of prolts, SUPREME COURT—SHAMBERS, The State Legisluture Authorizing Sale of Real Fatate. Refore Judge Cardozo. In the Matter of the Petition of the Widow of Robert S. Livingston.—In 1870 the State Legislature, on application of the petitioner, autnorized the sale of certain lands, by order of the Supreme Court, on proper nofuication to all parties interested. One ot the purchasers reiused to complete his purchase on the ground that the act referred to was unconstitu- Uonal, and an application was made before the Court to compel him to do so, It way urged against the application that the act interiered with the vested rignts of individuals; that this is a question touching the legal interpretation of the will, and that the Legisiature cannot assu.ne to itself functions specially deiegated to the Courts, It was further conteuded that the act authorizes the transter of property to uninterested parues without compliance with the prescrived forms of law, and that it does more for tne benefit of the owner of the lil¢ estate, sa.d owner being an adult, than for the mant. ‘The Court decided that the act Was constuiiutional, and directed that the purchase be completed within two days. Toe whole quescion involved is the consiitational power of the Legisin- ture to pars an act autiorizing the sale of real es- tate where the property has been left to a widow for lite, aud on ner death to her daugitter in fee. Thomas ©. Bicldw’ Gail. The securities in this case—Hawley & Clapp and Wiiltain B. Florence—justiied yesterday, and there- upon Mr. Fields waa aliowed the ireedom of the city ponding bis explanauion im Court oi tae disposition e made. COURT OF OVER AND TERMINEA. The Jury Disagree in the Quimbo Appo Case Conviction of Felonious Assauli—A Young Lady Extricated from Serious Difficulties Pleas aud Sentences, Hefore Judge Ingraham. At the reassembling of the Court yesterday, the court room, as usual, being crowded, the summing up in the case of Quimbo Appo was concluded from the day previous. A brief but clear charge was made by the Judge, when the case was given to the jury, ‘They were out several hours, and were unabie to agree, and were therefore Gischarged. It is stated that the Jury stood eleven for conviction to one for acquittal. > PLEAS AND SENTENCES. Daniel Owens pleaded guilty to larceny from the person, and was sentenced two years to State Prison, Wm. Blakeley, indicted tor robuery, pleaded cuity of peuty larceny. Sentenced thirty days to the Cily Prisol. ATTEMPTED KILLING. Richard Weeks was tried on a charge of felonious assault and battery on ‘Lieowore Mesteriy. On the ist of October, 1870, the prisoner, as alleged 10 the compiaint, came into the compiainant’s butcher shop, av No. 640 Niath avenue, stole some money from the money drawer and Siac to get away, when the fatter seized nold of tim, upon which tie prisoner struck him on the head with @ cleaver and stabbed him in the abdomen with a butcher knife and then escaped. The prisoner, it appeared trom the testimony, was recently arrested on a charge of burglary, and snbsequent to his arrest was aken before (he complaimant and identt- fied as the one assaulting him, It aiso appeared that he has recently served six months 1m the Pent tentiary. ‘The prisoner dented tne assault. Le was ee guilty and sentenced three years to Stace Prison. A Yo LADY IN DIFFICULTIES. Hedwig Goe>k, a young lady of very prepossessing appearance, Was arraigued on a charge of stealing $800 worts of ciothing, Mr. Abe H. Kummeil made @ loucning anu eioquent appeal in her behail. He sald se Was We dauguter of & higa goverameat oficial, and on her arrival mm this country some ten months since Was robbed of lier bagwage aud wl her money; that after this she was taken sick aud for six months remained at the hospital on Ward’s Island; that tne present was her first offence; thay she made restoration of all the stolen property; that measures were on jJool to send her back to her parents, and that her qischarge would doubuess res. cue her from a life of infamy, Tne Court ordered her discharge, for which she expresséd the most hearuelt tnanks. ALLEGED RECEIVING STOLEN Goops, Willam Bobosky was placed on triat charged with receiving stolen goods. ‘Lhe Court adjourued before the conclusion of tie irlal. Bevisios Woot et di.—Mouloa denied; costs to Black ts, abide event. Tracy ei at, vs. Atimayer et dl.—Memoranda for counsel, In the Matter of tne Petition of Jacob 8. Car- penter, Truster, &e,—Decree granted, In the Matter of the Petition of Slephen Cambrel- ing, Trustee, éc.—Uruer granted. Russel! vs. Lyacheta!.—dJudament granted, Gennir Sa/ke dvs, Bar ured saikevd,—Report of referee coufirmed ana jaizmeat of divorce granted; custody of chid awarded to pl untitr, dn the Matter of the Appiwation of Ellen J. Long.—Order granted. Wiliam Dowell vs, Mary E, Dowell.—Pieaain: &c., to be submitted. ? 2 a dh te Maiter of the First Accounting of Davia Levy et al. vs, Hews at Law of A, Oppenheimer,— Motion denied, du ine Matter of Archer Reum, &c,—Motion denied, without costs, By Judge Braay. Mc datee vs. Favrel.—Mouoa granted and case settied, Le (he Matter of he Petition of Edward F, Weeks.— Report contirmed, See opintoiis Kovkwel vs, The Terd Avenue Railroad Com. pany.—Case settled, byrne vs. Judd—Motion dented, See opinion. By Judge Ingranam. Buffalo Scale Company vs. Harmon.—Memoranda for Mr. Sturm. By Judge Sutherland, Tapscott vs. Morgan,—Mouon denied, with $50 Costs, See vplulode SUPREME COURT—CHAMBEA3. The Libel Suit Against the Aariculruriat. Retore Judge Brady. Byron vs, Judd.—The particulars of this case, which is & suit for alleged hivel by Dr. Byron against the defendant, proprietor of the american Agricutiurist, have been fully published in (he HER- ALDand do not require repetition, The last step in (he progress of the suit was a motion to sirke out certain portions of the answer ag trrelevant. Judge Brady yesterday rendered @ decision oa the mouon, which embodies certain points of special interest to the public, not aloue as touching the subject mat- ter in litigation, but the subject matter of selling medicines generally, The foltowing 13 THE OPIN1O: ‘The part of the answer first ovjected to 13 a pre- liminary statement and is not irrelevant, The sevond part is not irrelevaht pecause it shows that the detendant Was not actuated by malice, and {ts relevant 10 mingation of damages. | The same observation applies totwe third part The fourti parc 18 Not irrelevant inasmuch as it states the cir culation ot the bOOK adluded to and tts injurious effects and bad character, If think (his the jusudcation. Ihe tith part relates to the justi fication sell, and ls not trreevank It reters t book named and puvilshed by the plaiutiff, toany pari of which tne defendanis can resors to svow tat it le the tak percent to | fea same criticisms apply to the sixth and seventh arts, What precedes i¢ in relation to the medicine named, w not Irrelevant, excepting, perhaps, the allusion to the heathen Chinee, witch may be accepted as @ @eseription of ine exterior of the medicine and a& playful Contrioution to tue literature of the bour, The vimvi part 18 noe irrelevant wecause It 1s Predicated vl the averment (hat the ante dove for tobacco i hob as represented, and 18 @ fraud and @ swindle caiculated to deceive the pubic, I think this coacluston fair A it be true that ihe pro erties of the medicine are Nov as stated. if, 1n other Words, if D@ HOt aN antl dote it is ca culated to deceive aud isa fra. The selier Of aurng, wedicia: Or So-Called anuiuote WhO veuds it with an unqualified statement of its eMiciency must take the consequences if his repre sentation be unirue, Speciiics against the ‘hou. Sand naiuri ils tuat esi is heir Lo" are not easily attainable, und the mediwal pruiessiou do not claim to have devised many through all their experience and research, They are, nevertheless, devoutly prayed for, aud so poteut is the desire lor them reasonable and, indecd, un. reasenabie rtious Ol their discovery are bailed With joy, aud the pudiic contidence is readiy secured. When @ person, ihereiore, assuming 10 have diviaed gue, represents its accomplisuments, the public have a right to rely upon Lhe assurance given, however oolish such a contiuence may seeul, ‘This World 18 not composed of S.lomons, and even men of good judgment and large experience, especuuly wien tae wish 13 wedded Lo the hope, are someumes easily trapped. Drags shouwla ve dis- sed wi i ut Caution, and te luws which ace lesigned Lo protect the people from tue use of them save under tae guidance ol the expert chemist, CouscienuoUs druggist or skilful practioner, Ccan> no. be too siringent. | do not desigu to express any opinion of the caaracter of the piaintul’s prepa- Tations Whether tuey are goou or bad, injurious or harinless, 1 am not catled upon to deciare, but of the propric:y of holding men to a strict account Qunity Who attempt to practise upon the credulity of the ailicted and subject them to grevier suffering | entertain no doubt, The tenth part is introductory to ue eleventh, and Must be regarded asa part of it, Io may be that some portions of it are mere criticisms and irreie- vant, butaf so they are no. seriously objectionable @nd should not be expunged, Ln conclusion, i may not ve IMproper to sity tuat the facts which the de- fendant muy oifer vo prove are to be ruied upon oa tne Uial. and the effect of them Waen admitted and established 13 for the Jury, and further thut the line betweea justiication and mitigation 1s not easily draw’ upon pleadings, alshough on the trial ib may not be difficult (o make te distinction, For these Yeasons the motion 1s dented, but without costs, SUPERIOR COURT—SPECIAL TERM. The Black ividay Suits. Beford Judge Freedman, The motion made for a stay of proceedings in tho fourteen Black lriday suits against James Fisk, Jr., Jay Gould and others associated wish them in the formiiab:e gold transactions of this memorable day, pending the motion to set askle the verdict im the J.O. Davis suii against the same parties, was yes- terday denied. Meantime the argument on the latter mouion ts to be heara to-day, and tae first suit im the list of the gold cases awaiting trial Leads: Monday’s calendar. MARIE COURT—PABT 2, Important to Kock Biasters--Action for Tres~ puss. Before Judge Shea. Mahony vs, MeNamara,—This action was brought by the plaintif’, the owner of a marble yard, against We defendant, a biaster, to recover for injuries sus tained through wiiul and negligent conduct. It appeared that the defendant contracted to blast the rock and excavate the foundation of the lot adjoin- ing that of the plainiit, which rock rose high above the level of the plaintut’s lot, and that from the effect of the powder explosions large boulders of rock fell upon the plamtf’s premises and sned, m wWiich big men were at work, and which, as waa claimed, endangered their lives, The excavation and blasting continued for six weeks, during which time the plainti was at intervals compelled to suspend work, averaging each uay jrom eighty toa hundred minutes for ten men, and some days had to suspend entirely. The defendant insisted that he conducted the work of excavation with grea\ care, and Laat any inconvent- ence to which tne plaintiff! was subjectea resuled from the nature of the work. Judge SH®a charged the jury at considerable length, and the jury rendered @ verdict of $450 for plawoag, COURT OF GEHERAL SESSIONS. Burglars and Thieves Sent to Sing Sing. Before Recorder Hackett. Cheries Dillman pleaded guilty to an attempt at grand iarceny, the tadictment charging that on the 2ist of Septemver he stole $100 from George B, Lawson. Michael O’Hearn gave a similar plea, he being charged with stealing a horse and harness, valued at $80, the property of Joha Parker, These prisoners were each sent tu the State Prison for two years and six months, Joseph Frauk pleaded guilty to forgery in the fourth degree, he having forged an order upon Herde & Liummersant for three boxes of almonds. He was sent to the state Prison for two years, William Nagle, charged with stealing “three over- coats, valued> at $75, Uke property of August Sturmer, pleaded guilty and was seat to ule Stae Prison tor one year. Bartley Geoghegan was tried for stealing twelve bundics of hides from pier 26 Kast Kiver, on the 26tn of September, varued at $185, the property of Murray & Co, The evidence was insuiicient to clearly establish nis guilt, and the jury, falling to a were discharged. Jonn burke, charged with stabbing Michael Byrne, on the 1ztn of November, with a pocket knife, at No. 406 Kast Eleventh street, was tried and acquitted, the evilence bemg very contictiag. Casper Fletcher was convicica of stealing $40 from Louis vametich, on the Sia of the month, and i to the State Prison for two years. Kute gennings, a domestic, in the employ of Mra, M. Jones, No, 44 Irving place. was tried and found gulity of steaing a diamond ring and a gold wa Which were recovered, Tne jury recommended to merey in view of certaia facts, und the Recorder mitigated (ne punishinent to imprisonment in the | Sing Sing /’rison for eighteen mouths, BROOKLYN COURTS. _- SUPREME COURT—SENERAL TES. The Repaving Assesements, Before Judges Barnard, Gilbert and Tappen, ‘The suit to vacate the assessments for the repav- ing of Fulton and other streets came up on appeal yesterday morning. Application haying been made two have the cases go over it was finally agreed upon that all shonld go over to the next General ‘Term, which will be heid ta February, SUPREME COURT—SPECIAL TERM, The Opening of Ocean Avenne—Confirmation of the Commissioners’ Report. Betore Judge Giibert. In the Matter of the Opening of Ocean Avenue,— When tne Commissioners of Estimate and Assess. ment presented their report for confirmation ob- jection was offered on tne ground that tue Com- missioners had In the block between Clarkson and Franklin avenues awarded about sixteen thousand dollars, and assessed on the adjacent assessment districts about three thousand dollars only, <A dif. ference of $13,000, was thus left to be assessed on the line of the road in Flatbush. It was also Claimed that thts section should vear the expense of reopentng the street immediately in front of it, and that certain parcels of land were assessed more than the estimated value, The commissioners asserted that they had lald the assessments strictly in accordance with the provisions of the act. Judge Gilbert has rendered a decision confrmmg the report of the comm.sstoners, The following is the opinion of the Court:— ‘There‘is nothing tn the act (Laws 1871, chapter 579,) authorizing the improvement, which maicates that ie was te intention uf te Legisiature that each Jot or parcel oj land should pay one halt of the expenses of (he street immediately in front of it, On the contrary, the act contains provisions which are inconsistent With sucn an implication, “Tne damaves,” &¢, “are to be assessed upon lands on each side of said avenue, within 100 feet of ich side thereot "’ (section 2); and Hy the provision at the end of section 3 the awards for property taken In each town are tobe “separately assessed upon the lands within the assessment district of euch town.” This would seem to pre- scribe @ different rule of assessment, The imitation 18 to “towns,” not to “blocks” or “parcels.” It was therefore left to the (scretion of the commissioners to make such assessments as ihey deemed right and equitable, rovided (he land assessed jn enca town should pay ‘or vie land taken in such town, gain, section 4 of the act provides that the aysessment for the expense of “making, grading und graveiling the aveuue shall be assessed pro rata upon the lands opposite to the line of the road apon cach side tnereot. @ provisions show that where the Legisiature Intended to limit the discretion of the commissioners it did so in express terms. There is nothing to warrant me in saying that the assessment Jor beneit upon tie lands lying between Frankia avenue and Clark- gon avenue ot $4,187 66 is not suficieatiy largo ja proporuon to the extent of the benefit the owners thereot will derive trom the improvement, ‘rhese existing nighwavs (for the opeutng ol witch the owners of sucn lands have airetiy been as- sessed) afford them pnele accommodation and means of access to the Park; whereas the lands Ol the objectors covered by the assessment have no direct means of access to the Park. The lauds of ‘the latver, theretore, witl, 1 think, be beneficed Ina much Jarger degree than those the former, bt haying tue avenue extended northward beyond The etchth part, taken in connection with NEW YORK HEKALD, SATURDAY, DECEMBER ‘16, 1871.—PRIPLE SHEET: Clarkson avenue, ‘The necessity the 1and assessed ig under for accoinmodstion is a proper element to be considered in fixing the amount of the assess- ment. (The matter of Twenty-sixth street, 12. Wend, 203.) ‘the shape and = alk mension if which tho Hots of ~=s land assessed are left by the proposed amendment are also proper elements tobe considered. (Degraw street case, 18 Wend., 565.) ‘This appears to ve the sole grounct on which the commissioners in tho case last cited assessed che land in one block for beneilt about $7,000 less than (hey awarded damages | to the owners of the land which was taken within suca block 1p opening the sire and yet their r ‘iy was contirmec, [n the block between brank- in and Ciarksongavenues, a8 in the case cited, Ul property will be ly cut up bY the proposed ave- nue, and neither of tae owners Will have an avail. able front on the new avenue. These considerations, no douot, governed the commissioners in this case, The amount of the several assessments tor damages as weil as ol awards is within the discre- | tion of the commissioners, and the opjection that any lot has been assessed more than ite value as shown by the award is not a good one, ‘Theamount must be'grossly inadequate, or some wrong princi- ple must have been adopied ta fixing the amount allowed in order to justity the Court 1p interiering with the awards or essinents, (Lyou vs, City of Brookiyn, 28 Barb,, 609 In the matter of the Com- missioners of Central Park, 51 Karb., 277, 303, In the matter of Bushwick avenue, 48 Barb., 9.) Neither of these facts appears, The report, therefore, must be coufrined, Decisions by Judge Pratt. Charles W. Nassau Rict vs, Gustav A, Goe+ decker,—-Motion for inspection, &., granted 30 far as to allow aefendant Lo inspect papers and take copies, Abner CO. Keeney vs. John Carroll.—Motion for contempt. The attorney violated the injunction by rebutting the cause lor argument, and 1 is not clear that the attorney wWiliuly disobeyed te order. He must pay the costs of this motion. Wiliam H, Hayes etal. vs. Maria Hunt Thomas et al.—Motion to overrule answer denied on de- and drive out om the road to see my many what could you dor? Subsequently I calied ag Miner's bouse, when he agreed to surrender the plates; he said he wonld send me o check for @ trunk, and he did send it in aletter; | sent A. Os Beaily to Rutherfurd Park, New Jersey: he got @ trunk there and brought it to me; Lopened the trunk; A. C. Beatty at that time was an employe of miue; when Beatly Leb the trunk to me I cannot say Who was present; [cannot say Beatly assiated ma to open it; I think the trank was two feet song; I saw Uealy put [ton the Moor; when I opened thq trunk ! looked into tt, qy. Wi you looked into it what did you see? ected to. (question ruled out, no foundation havin: been laid for tt, . Who, on tie 266k OF October last, had you in our employment In New York? A, Appl Nettlesiip, auers, Fizpatrick, Clandell, - mond und De Lomo; Whitman never was in my em ployment; he was an informer; £ paid tim for ins Jormation; on the 25th of October last 1 called Inte My oilice Ay plegate, Bauers, Kennoeh, Drummond, bitzpateick and, | tntink, De Lome, and gaye theme Instractions about making U arrest of Miner; I wold them, “vow L have a matter of great ime portance on hand and 1 want you to act with grea’ caution and care; I have information tet Cole expect at Dis stable; deal is to rtain ag to wilere tha e | 1 tolt them I was informed that when Mi made @ deal, ne generally had a third in aud told them to b@ careiul to see if anything Was siuag; Cole was searched to see HM there was anyueng upon hing Applegate was to take charge of the expedition; Kennoct: and Bauers were to “pipe” Coie: I said £ expected to get a ten dollar und two dollar plates about au hour before this had given to Cole $1,506 in good money; it had been marked, and Mr. Suilt- van made a list of tue mone, compared & portion of the ust with the money; Lsaw thoye notes again that nigat and compared @ portion of them with the list; they were wet; they Were the same votes; saw Applegate comparing the lst im my oMce; f instructed them to go to Futy-ninth street and Ninth avenue, where L had agreed with Cole Wat he shoul Tendant stipulaung to refer and take short notice of wal, CITY COURT--CIVIL BRANCH. Run Over In Fulton Street. Before Judge Neilson. Michael Panning vs. Aired Thompson—Marcella Fanning vs, The Same.—wanning's wile and two children were run over at the corner of Fulton and Concord streets by @ horse attached wo & wagon, the property of defendant, The accident occurred on the 10th of August last, and these actions were brought to recover for the injuries sustained, ‘ine cases were tied together. ‘The derence was that the horse became frightened ani ran away, and thas as defendant could not help thal he was not liable. $ ‘The jury gave Mr. Fanning $106 and Mrs. Fanning 2256 Admiasions to the Bar. John A, Armstrong, Lewis Baker, Jehn J, Becker, Charles F, Blanch, William Reynolds Brown, George H. E. Fletcher, Frank A, Irish, William W. Loew, Frank B. Lown, J. Hudson Morse, Claude Rice, Joun Rusk, J. W. Shepard, Edward H. Litchfield, charles W, Voltz, Cass Williams, Thomas M, Riley, Fred G. Swasey, George Biagood, Charles E. Prost and William H. Sween COURT OF APPEALS CALENDAR. ALBANY, N, Y., Deo, 15, 1871. The following Is the Court of Appeals day calen- dar tor December 18:—Nos, 484, 436, 486, 471, 467, 472, 460, 478, COUNTERFEITING, Trial of Miner, the Alleged Counterfeiter. FIVTH DAY. Testimony of Colonel Whitley, Chief of the Se- ret Service Department. ‘The trial of Joshua D. Miner, for alleged courtter- feiting, was resumed yesterday in the United States Circuit Court, before Judge Benedict. Public ine terest in the case Is very much on the increase. The court room was thronged during the whole day. Mr. Pierrepont, Mr. Purdy and Mr. De Kay con- ducted the prosecution on debalf of the government, and the defendant, Miner, was represented by his counsel, Mr. Fullerton and Mr. Benjamin K, Phelps, TESTIMONY OF HIRAM ©. WHITLYY, CHIEF OF THE SECRET SERVICE DIVISION, Colonel Hiram C, Whitley sworn. He said:—I am Chief of the Secret Service Department of the United States Treasury; I have branch oflices 1m all large cities; [ have a branch office in New York, at No. 52 Bleecker strect; we do more business in New York than in other cities; Iwas appointed Chief of the Secret Service Department, I think, on the 12th of May, 1869; In 1867 1 was in the Revenue Service, in @ position of the same nature; 1 am familiar with counterfeit money. ‘The alleged counterfeit plates were here handed to the witness. He said:—I have seen the face of the $10 plate before, Q. Now find the back orit, <A. Yes. Q What do they make? A, They compiete the back of the $10 plate; these require the government seal, the signature and the number; the signature on ali national counterfeit notes that I have seen is written; tere are seals here, but | am not certain they are the seals J saw in the package; those three plates form the $10 counterietf: plate, ona being the plate tor the vignette on the centre of the back, Q. Now take one of those counterfeit $10 bills, A, I have one, sir; this bili is marked “W. W. Ken- noch, October 17; this bill 1s counterfeit; I have examined the plates carefully herevoiore; the plates are counterfeit, and the bills aro counterfeit; in legal tender notes the signature Js engraved, and in genuine national currency the signature is written; I kuow the genuine $10 note of which this $10 plate 19 a counterfeit; this $10 counterfeit note tsa fair imitation of the genuine one, and would, 1 think, deceive a great many people, and it does deceive them, Q Now, is there a $20 bill In that package? A. Yes. Q. State exactly. all you know about that package of $5,080 counterfeit money. <A. Kennoch brought a large package of counterfeit: money to the oilice om the 17th October (paper handed to witness); this is @ portion of the paper that was around the parcel; 1 told Kemnocn, according to the usual custom, to mark several of the bills; he did so, and put a date on them; when the package was opened there were in it a $2 and @ $20 counterieit bul; the $20 was on th Merchants’ National Bank and the $2 was on the Ninth National Bank of this city; 1 saw the pack- age pat up and placed m my safe; the package was taken out and brougot down here in @ valise by Mr, Chester; some of Une notes ave marked by Kennoch; T examined the package when it was brought t me, and saw no $20 or $2 bill 1a it but what | have be at {hall -past 41X o'clock; about halt-pasteight that nigitt Miner was brought to my ofee by Applegate aud Kenuoen; Thomas P, Ballard also came in ta. der arrest ubous the same time; he was taken into apoticr room; Keanoch nanuded me a package; I told him to take te strtug off; the paper ow the package Was tuen taken off; 1 was a ball, or ugh culor; Inside Was 4 piece of greenoticloth, aud im that ffouud a $2and a ¥10 plate, and they are the sae I have examined here to: Wrapped iu tintoll; [tok su amined (he plates carefully, and put them in my safes they are the ones L told ihe oMeers T expected to gel; Ballard was kept thao night, and next day Applegate and Nettleshao went with him co a plisce Where they tound a quantity of © this counieri trom ‘Thomas Gailurd October $10 buls, and some are 2 ANd $20; they are ait conntertert vills. a, Let the Court mark one. Take ue $2 plate? A. Yes. Do you see holes in the plate? A, Yes. 4. Do you know what these mean? A. Jt means that when a plate of a counterfett on a bank hus ve- come weil Known these holes are punched Jor the purpose of raising up the face of the plate and changing it, Mr, PIERRE! Pon? offered Lo prove what the witness perience,, toat such a Unng bad been na particular plate, 1, oh the ground that the gone i my Lonly know of the thing from experieuce, he Cotirt ruled out the omer, wit puntericl) notes of diferent panks may be printed from the same plate; (& roll of paper handed to the witness) this is an Mmitation ol the goverpment fibre paper; this dark mark 1s the localized fibre, and the ether is the distriputive fibre scatiered through the paper like hairs, and the government calls this jule: tis paper was brought to my ofice by Nettleship snd Applegate; they got it rom ailard at Bailard’s place; I saw Batlard after be was brought titre in tue custody ystial; he was suatcted here; [ do hot he is; f first offered a reward for of $1,000, but afterwards, by leave of the Secreiary of (ne Treasury, £ Increased. the re- Ward to $6,000; Ballard escaped from Ludlow street, dau; Ldo not know where he 1s; the list copversa- tion [had with Miner was on the nyht of his arrest in my offtce; we walked into my office; Lsatd to Litm, “Lam sorry you got into this affair alter what you. sald to me; be repited, 1 got those things to heli a friend out; 1 asked him lo name bia triend; he declined to do so; he said, “f will swear that [never nad anything to do with the plates;’’ | replied, “You will not be asked to do the sweartng in the United States Court;? I asked him if he kuew & wan named Evey ; he sald he did, but ag wat ume [ did not know Ballard Bight or by hts residence; 1 gave tue money, $1,5 to Cole in the Bowery, at the assembly Rooms; Mr. Applegate was present; when I arrested Coie I made an arrangement with him, in the usual way, to give away the man from whoin he recerved this counterieit stuff, and in order to enable tim to ga out und get Miner he gave me a deed on hls hou a3 bail, to further the ends of (een and break tius counterfeiting business; in erder to get Cole see Miner | had to let him go alone, bat he gave ball; | woutd not retease hitin; alter turuing Miner over Lo us I gave Cole back the deed; Lapoke to the District Attoraey and Mr, Purdy on ths matter and they agreed to it; wold Cole ot he could) get the man who did thls thing that I ht) would be asuMeient benefit to the government to let him Cole) go; I made an arrangement with him to buy couaterielt mouey from Miner; str, Davis, the District Attorney, and Mr. Purdy agreed to this arrangement; Cole 18 pers fecuy [ree since he gave nis evidence here; he protised immunity (nrough the District Attorney. Cross-examined—Mr. Davis assented that should not be punished if he fave evidence agal. Mincr; I first had a coaversation with Cole om tig: subject on the lith of October; he promised om the night of his arrest to give ne Information; I did aot want lo take any bail but his own, because | did not want any otter perty to know abeut i3 atfair; 1 do not remember pete tnstrncted Jole when he was going out to make @ deal of coun. lerfelt money With Mingr to take a tiird party wat him, to secrete Liuisell, 30 a9 that he cogid seey would depend upon the word of Cole that he got counterielt money from Miner i he satd so; 1 took no means to satisfy myselt that this counter. feiter whom i had arrested had come in contact. with tus third person, from whom he lad recetved erfeit mouey. Witness was questioned as to the counterfeit money alicged to lave been pur. chase. by Cole frou Miner on the 17th of Octopey, and which money was handed to witness, Q, Cin you say, or your own knowledge, that the money here in Court 1s te money you received tual morning? A, I cannot say positively. Witness was next closely cre: the tnterview he had with Miner, when he wok Gurney up to Miner's stables Witness 1 Miner that ube would give up the $20 plates he would let Gurney go; Miner said he would give ap no man; 38 Informed Miner that he was savsfed, from injormation in his possession, that he had the plates, and tinaliy he agreed to give them wp; Mr, Miner on one occasion at lis louse spoketo me ta ng presence oi Mr. Stivey; I do not remember thal 1 said to Miner “You promised io write mo aletter;” 1 do not remember that such a thing as tyat took place in the presence of people tn his nous went up again to the house, and met Miner there; he said the plates would be forthcoming In a few days, or words to that effects he wanted tv know how [ would receive the plates; liold him that tt would be a good way to express, them; he said he did not want to do thas: that. would send me the cneck of a trunk, and Unb would get a letter in a few days. Q From himy A. Yes. Q, Produce that letter. A. Lhove ff Into the fre. Q You did not preserve ity A. So; it Was only & few lines; 1 destroyed it, thtuking at the ime that would have no oceaston to use tl; the check of the trunk was in the letter. Are you In the habit of keeping such letters? ;.Itaid uoteccur to me that the leter would be of use tome in this counterfeiting bus. ness, a8 [ relied on what Mr, Miner sald. } At the ristag of the Court, at hatt-past three o'clock, the cross-examination of had not concluded. Tne further hes / amined as to specified; I have the $20 counterfeit plate here. q Are you abie to teil trom wnat plate that $20 note came? Objected to Mr. Fuilerton, who satd there was no “evidence that Would convict any man that the $20 counterfeit bill was found 1 the package, Witness said the note is au impression from the counterfeit $20 plate. Q. ‘Lake the $2 plate that 18 wrapped tn the green cloth, A. Yes, Ihave the $2 note betore me. Q, State the relation of the note to the plate, A, The note ts an impression /rom the piate, Q. Will you state what you know of that ¢20 plate | im connection with the defendant Miner ¢ Onjected to by Mr. Fullerton, as torming no part of the indictment, The questoa was aliowed by the Court, Witness sald.—On the 26th of Aug 1870, T had Bill Gurney ander arrest in my office; he is a noto- rious counterfeiter; | went with Gurney m a car- riage to see Mr. Miner; leit the carriage on the Bou- levard, and walked toward Mr, Miner's stable; Ap- plegate came With us, or followed as; as we got up Near the stavie we saw Miner come up; he said to Gurney, “How are you, Old Blick im the Mud?’ Gurney Introduced me to Miner; Gurney told Miner he was in trouble; Miner said he could do nothing for him; L took Miner aside and told nim L bad satisfactory iniormation that he had those $20 plates, that Gurney had been arrested with a large number of the buis on him; Miner dented that he had the plates, but [I insisted that he had; mnally he said, “1 guarantee that you shall have those $20 plates;” he said he did not want 1s name mixed up tn the papers with Gurney, as he supposed there would be a big long article about itin the papers; 1 said [| wouid not pub nis name in (Re papers with Gurney; Miner ap- pointed a mecung With me in the lower part of the Asior House; | went there at the appointed ume; this was a lew days atter te had told me he would surreauer the plates; | met Miner there; he said the mater was ail right; that | should have these plates in afew days; he toid me to come to his louse; that he had got to see other parties; some ten or fiiteen days after | went to Mr. Miner's house; Miner came to tne door and took mo in; J talked to him for @ considerable ume about counterfeiting business; he said be was not quite ready to Fre, YW the plates, 48 he had to go to the races; | told nin hoped he would give up this counterfeiting busi- ness, as It only injured the poor and no; the govern- ment; he rose bis hands and said, “) give you my word I paneer. noting more to do with counter. ferting 80 help me God; 1 told him that Gurney was a man, and that I aid not want to use Din as @ witness against tum; that Gurney had offered to me to buy counterfeiting Lew of bim, Miner; Miner ‘said, “Supposo [ | took Gurney into my bugzy, with w {ast Doree. was adjourned to Monday morning next, at eleven o’cluck. ‘ SUICIDE BY SHOOTING. On tie 24th ult, @ man giving his name as James, Walden shot himself in the head while stttng in a groggery at 419 Thira ayenne, and was taken to Bellevue Hospital, he at the tithe acting very, strangely and even suspiciously, it subsequent ed that deceased had given an ut why he had done so he fatled to explain, He had some $1,200 oF $1,500 in his possession, and @ ticket for @ foreign poré, to Which he Was vo gall Wit am acqnatatance. Previous to nis death de- 1 wade no statement going Ww show his mouve empUng lo termmuate his existence, Coroner ver Wl hold au inquest oa the body, tis was It, Rormassin, and he was @ native of Norway. THE WEE KLY HéRALD, ‘The Cheapest and Best Newspaper in the Country. THe WEEKLY IERALD of the present week, now ready, contains a splendid cartoon, together with the very latest News vy felegraph from All Parts of the World up to the hour of publication, including the latest accounts of the Condition of the Prince of Wales; @ Sketch of the Prince of Waies, with a History of Queen Victorta’s Family; An Interview of a HexaLp Correspondent wita the Emperor of Brazil; Prince Alexis tn Boston; Com Viction of Mra. Byrnes, the Abortionist; Respite of Botts, the Murderer of “Pet Halsted; Wharton Murder Trial; The Potsoned Mistress; Excttin~ Fracas tn Poughkecpsie,-and the Latest Wife Mu der. 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