The New York Herald Newspaper, December 17, 1871, Page 4

4 tt JUDGE LEARNED ON CORRUPTION. The Tweed and Connolly Cases in Albany. Tweed’s Bail Not To Be Reduced— Why the Motion for Reduc- tion Was Denied. Connolly’s Bail One Half. Lessened Yesterday, inthe Supreme Court, Special Term, held at Aibany, Judge Learned, betore whom two separate motions t2 benalf of the defaulting Tam- many magnates Tweed and Connolly have been under argument for several days past, rendered his decision in both cases. From tnese decisions, which we pubush in exfenso below, 1 will be seen that the Court has demied the motion in the case of Tweed, m which it not only gives its reason for denying the asked-fur reduction, but adds thereto a reasoh why tae amount of the bail—large as it seems—should be actually Imcreased. The fact of such a view of the case emanating from such high authority gives additional interes: to the case of Mr. ‘Tweed. In the case of Mr. Connolly the Court grants the motion for a reduction of the bail, lessening it to one-half the ameunt originally fixea. The opinion of the learned Judge on these important motions will. be read with the interest that later events have cast around the situation of these distunguished alleged public defaulters, THE CASE OF WILLIAM M. TWEED. The Motion for Reduction of Bail Denied. Before Judge Learned. SurmEux Count, ALDANY—SProtaL TERM—Dec. 1871.— The People vi. William M. Tweed, Impleaded, G&c.—This is a motion on the part of one of the defendants, Wililam M. ‘Tweed, upon notice to the plaintiiTs, to reduce the amount of bail requ'red by the order of arrest and for such other order Qs may be just. It is made upon the adidavits on which the order was granted and un no other papers, and it 1s opposed by the plaintiit he motion is made on three grounds:—1. That the de- fendant has done no wrong in the premises and 1s liable to noone; %. Tuat the people are not the proper parties plain- Uff; 8. ‘That the bail is too large. Firet—Hus the defendant done any wrong and ie be able to any one in the premises? It must be observed that the defendant makes no afildavit whatever. For tue purposes of this motion. therefore, ail the allegations of the complaint aud of the auidavits on which the order was granted must be taken to be true. This 18 4 (ambliar rule of practice, wnd it is the wictate of common sense, Of course I do not aay that one trial of the cause these allegations may not ali be disproved. But on this mo- tion, after abundant time tor that purpose, they are not only not disproved, but no denia! of any of them ismade. The counsel for ihe de(endaut urge. in excuse, that rebutting afl- Gavits would be of lite avall; and they. cite AMerritt va. Heckscher, 50 Barb., su. But these autho: f (in cases where {he grounds of the order are part o| in the action) wili nut be Vacated, unless there preponderance of evidence in Lavor of the defendant. They not hoid tha: be may not, by suflicieat evidence, show, if can, that the allegations of the complaint aud ot the adl- Gavits accompanying it are erroneous in whole or in part, Ing, then, tue allegations of the complaint and ailidavits true tor the purposes of this motion and without going into detati, these ‘acts seem to be established, The deiendant, with two others, met as a commission under the act oi i67u, which authorized them to audit liabiii- ties of tue county of New ork. They did not examine or audit such liabilities, tut separate y si,ned certiticates at- tacued to the severa! claims, wale cerliticates stated that they had audites them. Tuese cla! gate to over six «miilioa dollars. tached to any of tuem. ‘The commis the evi- dence of tuese ciaims thould ve tueir authorization by the Board of Supervisors or its committees “on certiticate of Clerk or President” This appears to mean that tbe certit- cate of the Clerk or Presiieut shouid te evidence of the validity of the claims, The President of the ourd of Super visors then was this detendant, Of this large amount there was paia by the Broadway Bank to Ingersoll about three million doliars, to Garvey over ong muon doliars and to Woouward over one million dollars, As the several payments making these large sums were fr time to time made to Ingersoll or Garvey they severally paid over on the same day (or within a day or two) to Woodward partof the same. Ingersoll in tue ageregate paid to Woodward over 81,00) 000 and Garvey nearly $S0,WW. Thus, Wood- ward réceived in ail over 439,000 01 the amouut ‘pala on these claiins, which he deposited in the same bank, From ‘time to time as Woodward received these moneys he checked out a portion thereof, and himself deposited i to tne credit of the defenuant Tweed in the same bani id aid to this defendant umounts in the aggregate to over BSE and bas been received aud drawn by him from the bank. The remainver 01 tuis money Woouward has paid out to otuer parties no: kaowa, It is alleged in the complaint, dantly sustained by the ailida which the warrants were thus passed to ta soll, Garvey und Woodward were faise, ti duiemt, snd were is nv adidavit denying tu! alleged that the Payments, were pursuant to pt eon. spic atson, Garvey, 1 ravll, Woodward and the defeudant Tweed, agreed to be aivided and were divided between Ingersuil, Garvey, Tweed and other persons un- ru} Known, aud this {is not denied by any nflidavit, The al compiaint show that the the actual work done and materiais furnisbed, and the amounts charged are 80 great that it is impossivle to resist we conclusion that the claims were grossiy fraudulent. On the part of the aefendant Tweed ft is said that it is not suggested in tue complaint tua Woodward did not owe Lim money. But there ts no afidavit on the part of the defend- ant Tweed that be did. Woodward is shown to uave been a clerk on a smail salary, with oo other visivve means of sup- ine itu bardiy possibe that he could owe the defendant weed 890,00. Again it appears that ayments to Woodward, by whici he was placed ia possession of over $3,500,000, avails of fraudulent ciaims, were made in about thirty days in the months of May, June, July and Angus. And on every one 0: these days, with perhaps the exception of the frat, Woodward made a payment to the defendant Tweed. ‘Taking tila regularity of action in connection with other cireumstances in the case which I cannot now detail, one can hardly doubt that the receipt of the money by the defendant Tweed was {n pursuance of some arrange- ment by which he baa some interest or was to have some share in the claims, And if this be so, if he were interested in these claims, which he, with others, sudtie vt can be no protection e him phat they had been cer by some president of the Boar! of Supervisors, m especially if that president were bimseit. ener have ated but little of the evidence on this point, but I have carefully examined all of {t. And, assuming ft to be uncontra‘icted, tue conclusion appears to me to oe irre- sistibie that the cefendant is uabie for tue matters alieged in the compiaint. ‘Serond—Are the people the proper parties plaintiff ? On such a motion as this, li it were piainly evident that the suit were brought vy the wrong party, the Court might probably consider this, and either vacate the order or lacgely Teduce the amoum of bali, For mstauce, if A should sue to Tecover damages for an assault on #, a mere stranger, it might be said that the plainuil could possibly have no cause of action, and, therefore, that an order of arresi shoul4 be vacate. ‘But the present is evidently no such case. There ie not here @ piaip attempt of some private individual to pursue claims which Lelong to anotuer. suc the people, the Sovereign power of the State, claim to recover mone: aueged to bave eeu fraudulent), officer, They allege, amg action, that the ouly o:uer parties who (as defendant's coun- Sei Calm) should ve plaintiffs are in collusion with the de- fendant, and will not enforce this demand; and for the pur- Roses of this motion the devendant acm ‘be question, waether or not the plai nm such an action, is one which nee is thorougs argument and careful thought ior ® correct decision. lt ougot not to be d upon on this motion, winch ts, as it were, an inciden- joeeting in the acuion: In the case of Frost vs, Mc- wer, 14 How., Pr. Kep. 131, Judge Marvin, io an opi of #0 Jengib, that the Court will nut, on such a mo- tou as this, Ury tLe merits of the cause on allidavits, neltber will the Court “puta slur onthe plainiii’s case,” which ought to come dows to trial without preyusice. Tals ia ap- roved of tu Kly vs. Murntord, 14 Bard., 029, It is true that be remark of tue lear decided, as I nquestionabiy liable on the question whether, under the tances set (urth in the compiaint, such liability 18 to the people of to some other party, 1s ung e moment, It belongs to the issues to be tried the parties. It shoud be raised and detided on demurrer or on the trial of issues of fact where an appeal would lie toa biher Court, And no one who has looked at with care will revi ready to express a hasty opinion, In saying this I do not mean that 1 have not examined this me has permitted and ‘the discussions of d me I have considered the question; and tudied it the stronger has become my beiiet can maintain the action. But { hare no time 1D to discuss the point, nor do T express this as on, which a fuller argument may not change. Vall wo large? disputed that the — provision the coustitution to excessive bail appiles to orsminal actions only. And ereu if it applied to civil actions the question wouid stil have to be anewered, whut Is exces- sive, or, in other words, what is tbe rue by whlen bail in civil actions is regulated?” The code has substituted an order of arrest for the oid practice by @ bailable pou vd regpme dniwn. But there appears to be no suo nge as to the meaning of eifect of the proceeding. Under the old prac- tice the Sherif, on arrest, took # baii bond conditioned that tue defendant would put in special bail, as it was termed. Tue special ball, if excepted to, were required to jusufy in the suin io which the defendant was heid to bail. The pecial bail, did fature of their ivabitty, It stated thai the defendant “was delivered to batlon tbe taking of bie body to” the bail, naming tuem. But their ite Duty ceased, If, after judgment apd execution, the detend- ant rendered bimseif a prisoner, And ibis appears to be true of baal the code, section 187, So that the nature of the liabtiiy of ball, unver ‘ode, seems to be subsian- tially the same as that of spec’ 1 ¢ vld practice ‘The principles, therefore, as wo (ue amo bail to be re Guired wou'a teem to be the earme now a8 fo ow, not of pot lu ite language express , %.) “in aetion- Ht was usual to insert a sum Syual to twiee th piaintif’s demand, 17, In scuions for injuries to the person od other similar sevions, which were not baliable as of course, it was necessary Lo procu:e w judeo's order, amount of ball was hixed v1 fendant’s Uavility in the action. ar . The duty of the judge, when be hud any duty the Was to ascertain what in all provavility was emount for which the defendant was liabie. The cou for the defen: uo render himssi{ amenable (o the process of the Court, and to such as may be issued to enforce the judgment, the inguiry should be, what 18 su‘licient to secure that end?” But T have already shown that the obligation of special bail under the oid practice was no greater than this, All that they undertook was (hat tuey Would surrender tue celendant on kee fatter juegment, Tp ‘act, the obligation Of ball ai present, aeteas of being less, ie rather more. For th wovertake that fendant bimerif —ameravie 10 of special bail under Iie old practice only eAleuded to a surrender on final process T'do not ver, Wherefore, that the Gove as made any change ‘as to the principles Heable to the amount ol bail. Ag #0 far aa practice under the Code is concerned. I believe tha the aniform rule bas veen tbat ihe probable amount of the Gefendant's lability determines he wayount ot ball, If the amount | woived were not so large ib this case where would Drobably be no question as to the rule, I au not certain under races: that the money | inst them, as aleged joint wrong-doers, required to give bali, not to the Waole aaaotn been taken, but only to the amount by direct proof, shown to have then in- ‘as it has been since, ‘of the plainiiifs, that the bail shoud. ave. ‘been 8,000,000; and. on gen: eral principies the p.aintiife’ counse: were right enever the public are deeply moved against alleged frauds, and energetic measures have been taken to seek out and punish the guiliy, there is danger that the excitement ‘may go too far. It is then jally the duty of courts to be unt y any poyilar ‘and to do justice calmly and Without prejudice, 'Lieeply impressed wih this thought, 1 have give to the motion before me best and care nest consideration, under a feeling of responsibility com- mensurate with the importance of cass, and I can come I Ff to no other conclusion than that I ought not to v: order or to reduce the bail. THE CASE OF CONNOLLY. Why the Motion for Reduciion of Bail is Grauted, The following is the text of the opinion of Judge Learned in the case of Connolly, for a reduction of bail:— SUPREME COURT—The People vs. Richard B Connolly, —This 4# 4 moiion that the order of arrest be vacated or the bail re- duced. It is made On au afiidavit of the defendant and is opposed by the piaintiia, who produce affidavits in reply, ‘nit who alse prodace certain voucuers and warrants, It ig made on three grounds :—First—That there 1s no evi- dence that the defendant 1s liable to any oue in respect to the maiters set forth. | Second—That the people are nol the pro- per parties plaintiff, ‘Third—That the bail is too large, The act of 1870 appointed the defendant with two others to audit ali liabilities against the county of New Yors incurred previous t0 the passaye of the act, These thres persons met “as a commission” under this act, and directed tue County Auditor to collect from the appropriate committees of the Board of Supervisors such Hfabilities; and they voted that the evidence of the same should be the ‘authorizaticn of the same by the said Board or ita committees, on certificate ol cler& or president; and they directed the Oounty Auuitor tounnex the vouchers to the approoriate blanks for their “signature and action.” The Auditor did collect these lia- dilities—xbout #6,000,(100—which were in point of form 80 authenticated; he aflixed a certificate to each, which was Separately signed by the defendant andtwo other Commis- fonera, This certificate states that in pursuance of this law ‘of 1810 they have audited the annexed bill and allowed {tat such anamount. 1a beyond question that so far as appears at, present a large number of these claims were grossiy (raudulent and ietitious. ‘The aftidavit of the defendant states that these claims came to his oftice apparently , and as be beileved regularly certitied by the Board of Supervisors, and were referred by him to the County Auditor, and by him approved; and that the de- fendant, without any examination of the claims and under the advice hereinafter. sta proved the same with his Associates and paid them. ‘The County Auditor, so called, appears to have been a subordinate of the defend cupying substantially private room and sitting ® few feet from him. And if It was defendant's duty amine these claims, the entire neglect of this appears tu be inexcusable, and the blame cannot be shifted upon the udttor, ‘The advice referred to was given by the Corporation Coun- ci {u 1088, and is to the effect that the Board of Supervisors 4a tho proper authority to adjust, claims against the county, and that when » ciaim { adjnsted by them and is within their legal power to incur, the Comptrolier is obliged to raise the money to pay it, It will at once be seen that this advice applied to cases where the Supervisors were the Proper authority to adjust the cialms, and the Comptrolier's Sole duty was to pay. By the law of 1870, however, the Comptroller, with lis two associates, was made a board or & commission’ to audit claims. ‘There was imposed on him, there‘ore, by the plain language of the act, in connection with others, 4 new duty—that of auaiting these clatms, Yet his alldavit states that he made no examination of them, but audited and paid tnem without examination, while one thing oT Plain on their face—that is, that they were not verilied. Tt appears by the adidavits that a very large number of these traudulent vouchers nave been taken away from the | Comptroller’s ofice, They were taken at a very suspicious | time—on the day intervening between the request by a com- mittee for their exhioition and the time appointed to exhibit them. Some, however, remain; and eight were presented on this motion; ail of them of Keyser « Co., and all of them ald to bave forged receipts. It may be well therefore to look at these vapers. The bills are made up in a very general manner; a manner which no man would tolerate in his own Hara,’ ‘The charges are in most {ustances thus:— For work done” on various armories and drill rooms,” or siailar vague statements, Two or three items are merely for bills rendered and unpaid, nothing being speciiied but the amounts. bills are at- tached to printed blank, which contains the provision of 1 the justice of the claim and that but none oF these blanks are filled ‘ne deponent states that these fraudulent © his oll:ce regularly certified and audited by the Board of Supervisors, As to the cight which were pre fented in the motion the facts are as follows:—Across the tuce of two of them is a certlicate that the bill ls correct, signed by Wiliam M. Tweed, chairman, and K. A, Wood- ‘id_committee,” no commiites being any- This can hardly be called an auditing five o} law requiring an attdavit it had not been the Board ot ‘Supervisors. On ese bills = there fs no. te whatever, except that the name of - Wii ain MM. Tweed, 16 written across the face ot the bill, sometimes with’ the letters “Cha” attached. And the remaining bill has no cer- tificate, and not even Mr. Tweeu's name. And what is above atated fs ail which there is on these biis that in the least tends to show an auditing ora certifying by the Boara of Supervisors, How can the defendant say that these bills came to bis ollice regularly certited by that Board? ‘what excuse can‘he, the Comptroller, the financial New York, | certain amount? Ur how does tne advice atven in 1888 that he ought to raise money to vay bills which the Board of Supervisors bad audited furnish any reason why hy s2ouid autuorize himself to pay such frauau- lent claims? 1f those which were abstracted are like those which were shown om tbe motion, and there is Treason to believe they were as bad, a vei inspection of them would excite 10 the mind o! sny man, and es; ly of @ good accountant, as the defendant is, a suspicion of their fraudulent nature.” If there had been only one or two such bilis it might be said {nat in the magnitude of the aifairs of his oilice the fraud bad been overiooked. If the work or materials had been simply charged at high prices it might | be satd that this was common. But when $12,000 worth of | carpets are charged at over $820,000; when furniture worth $1.0.000 is paid for through the Gefendant at over #1,000,00U, | and other work at a similar rate, the statement of the’ de- fendant that be certined these bills without examining them. is certain y remarkable. It caunot fail to cxcite very strong suspicion as to his inotives, And as the defendant in ihis mo- tioa hus tue opportunity of explanation it is worth while to see what he says in this respect. His affidavit is skilfully drawn, and ie boteworthy for what it says and for wuat it Joes not wey. He states that his knowledge as to the furniture and sup- plies for the new County Court House was of the most gene- Tai character and of limited extent; that he did not know of the work done or supplies fur: for it. He says that there is no reason tou that he had opportunities to Know or be advised of it; that he 1s pot s mechanic ora dealer ip furniture, and that it must h: | apy candid gentleman that he could not bave been advi the extent and value of the work and supplies without long and special investigation, which he never made. He further says that there is no proof of any fact or circumstance im- pacauog bim with any frauaulent purpose connected with | tae audit or payment of those bills, and be denies all con- spicacy. PNow it will be observed that the question is not whether he had opportunities to know that these biils were fraudulent, ‘or whether is apparent to candid gentleman that be gou'd not bave known of the frauds. The question Is:—Did he know of the fraud? I tind no denial of such knowledge in his affidavit, Counsel, as well as defendant, could exp the opinion tuat there is 50 proof of any fact or circumstat implicating him to any fraudulent purpose. But when hi makes uo ailidavit in ui ‘he should deny that be | knew of such ay atter day bilis were audited Purpose, and paid to large amounts, Warrants were drawn and figned, among others one for Garvey and Ingersoll, the warrants themselves expressing the nature of the 'pre- | tended claims, and this was going on fur some months. ‘These ciahins prove to be grossiy fraudulent, Over $3,000,000 | Of the money reached ward, @ clerk of the super- 10 nearly 3 000,000 to one of the ns who dthe auctt with de‘endant, and the Woodward Unuer these circumstances the de- fendant should ettner have sald nothing or ‘aid more than mereiy that there {s no tact or implicating bin with any fraudulent purpose. | chosen to make an allidavit, and it is reasonable to suppose Yat be would make it as strong in his own favor as he could, I do not understand why he has not denied in plain and distinct language all Knowledge of tue fraud. To say that there is no reason to believe that he had opportunities to know of the work done aad furoiture supplied is oul ‘Argument, It is not the statement of a fact, yet ft would have veen easy tor thedefendant, if he had so chosen, to say that at the time when he audited and paid these claims be haa no knowl that apy of his therein. ‘The defendant further says that he was advised by the Mayor that the claims having been approved aud audited by the Board of supervisors the Board o/ Audit had no power to reconsider the same; that the only duty of the Board was ‘to pase them with the official forms. It is somewhat dificult (as the Corporation Coan- sel advised in 1888) it was the defendant's daty to ralse the berefor, why anotper auditing should be di be no auditing atau. But giving fuil weight to of ‘the ‘Mayor, the éxamination of the eight Youchers presented on the inotion does not, ut it appears 10 | me, show any auditing or allowance by the Board of Supervi- sors. And there is # further circumstance whieh tends to show } that the de‘éndant did not treat these claims as having been auditea by the Board of Supervisors. Alter the signing of the certincate by the defendant and bis two associates, there | Jw attached 10 each villa direction signed by the defendant |/to the County Auaitor to draw a warrant. This direction re- citefthe auaiting of the bil by the so-called Board of Audit. Alter these iraudulent bills had been pai oF indirectiy, about $3,01,00) of the avalis'came into the hands of Woodward, of which nearly 1,000, at once to one of the ‘Audit, the rest to some other person or persous. In regard to this iransaction, whica sheds much light on tnis piciously careless auditing, the defeodant in nis davit states there is not the slightest evidence that he partictpatea tn any disposition ot the money received thereupon, and he says that he did not participate therein, ‘This statement is not as distinct and full ae it might be made, It may be that while no one but Woodward par- Ucipated In the disponing ‘of the money otbers ‘accepted their portions after it was disposed of. Perbaps, however, par- Uicipating ina disposition is intended to mean receiving « sbar. vod | desire to give to tne ianguags Mi ynstruc- nd m.considering this case to tal it in connection with the further allegation that the defendant cannot give the bail required. Upon the subject of the right of the plaintiffs to bring the action I have already stated in the opinion written in the cause of the People vs. Tweed, on the motion decided afew days ago, ail that ie necessary to say, only mentioning that the motion in the case against Tweed was not decided nor the opinion written until after the argument in tue present ease, ‘And in like manner, as to the strict pripetple on which bail is to be fixed, { staled my views at Jength in that opinion, with my reasons therefor, and need nly refer .o it. ‘These brief that it imto be governed, as general rule, by endaot's liability. I beed add nothing to whet was think the defendant free from liability. Tt appears that a great loss bas been caused by acte of his which in the most favorable ight would be culpably negligent, and Mich If he bad knowledge of the fraud woud be worse, and in aflidayit does not deny know- taking into aocount the magattude of the claim, the de- ‘nia: (ae ] assume it is intended 10 be) of any participation in the moneys {raudulentiy obtained, the alleged liabliity t0 Procure Vall and all the facts as they appear inthe papers, to ouly & parte! whic f have reterred, 1 appears to me that » Teasonabiv ciscrevon permite a further modification of the sirict rule, * I conclude therefore to reduce the bail to @600,000, Yesterday morning Coroner Schirmer held an in- quest ‘on the body of Wm. H, Kane, a laa fifteen years of age, late of 633 West Forty-sixth street, ‘Whose death resuited from #calds received on Thurs- day last by accidentally falling into atub of hot water, at the manuiactory 637 Ninth avenue, where he was employed, CITY AND COUNTY AFFAIRS. Doings Yesterday at the Departmente—How Tweed's Arrest Was Received at the Mayor's, Comptreller’s and Sheriff's Offices—Mr. Green on the City Chamberlain's In- terest Moneys and the Broadway | Bank as a City Repository— Ap- poirtment of a Super- intendent of Markets, The Department of Public Worke P ‘was in a terrible worry all day yesterday over the arrest of the head centre of the establishment, and Visitors who called to see the ‘*Boss,” and who had not read in the HEAALD the news of his arrest, ‘were, a8 @ matter of course, rather taken aback. The corridors early in tne forenoon, and for several hours during the afternoon, were crowded with a motley gathering of politicians, who waited and waited, and yet knew not what they were waiting for. The clerks and the messengers partook of the genera) excitement, and passed 1 and out from one depart- ment to another as though they were in a terribie hurry about something, yet had no definite object in view. Indeed, they appeared as aimless in their as the loiterers seemed to waiting. To ve sure the latter, when quesuoned as to their business, declared that they had come to “see William,’ but for the life of them thev could not tell exactly what it was they desired tosee him about. The tact was that nine ont of ten of them bad an idea that the “Boss'? would make his first public appearance for the day at ihedepartmeut, an’ those who had be- come posted as to whai had happened to the “Boss” the night previous, very naturally concluded that good position on the stairways or in the halis would be the best way to get & look at the lion of the hour. But the llou came not and the patient waiters were doomed to disappoint. ment, Even the most anxious ones, who were aware of what had been going on in the Vourt of General Sessions, loitered about the doorway until tar in the evening with the expectation that the “Boss” would call at tne office after the little “onpleasantness’’ gud the brown stone building in the Park had been brought to a close; but they too nad their plans for workii id when at last the news came that the “Bose? lett the premisesof Judge Barnard and hurried up to the Metropolitan as fast as a pair of horses coula speed his carriage along, they went their ways grumbling and mumbling over their disappointment, ‘ 5 The Mayor’s Office was by no means free from the general excitement caused by the arrest of the ‘Boss.’’ The Mayor arrived a little earlier than usual, and immediately set to work in his private office. Colonel Joline appeared in nowise disturbed atthe turn things had taken, and received all callers with a courtesy that made every one wonder if the gallant gentleman did not really Know more about the situation than he was ready to tell about, for in reply to every question on the subject he professed himself, in tae language of @ learned Alderman, “utterly igno- rant.” Was anybcdy else going to be arrested? who would be (he next victim? and how were the meshes to be wound about the victim? were queries with which the Coionel was peitea at a furious rate as long as he remained in the office, but tney led to nothing, and “utveriy ignorant” was the verdict he rendered on every proposition. The Mayor did not receive many calls, but the few Persons who succeeded in having @ talk wito him Tound him in as amiaole @ mood and apparentiy as indifferent to the excitement that was going on in the building near by as if he liad just been re-elected Mayor tor another two years and the machine was ‘working to periection. “Is tere anything new, Mr. Mayor?‘ was the Question that almost every caller put to him as he Came im. 1t 1s almost neediess to state thay the Callers learned nothing for tne troubie of askmg the question. ‘he jact is, Mr. Hall knew nothing more about the situation than wiat had been laid out in the HERALD that morning for the edification of the ies public, About three o'clock he leit tor ome. The Sheriil’s OMee Was a scene of bustle and contusion from an early hour of the day. Crowds of excited individuals thronged tbe outer offices and assembled in groups Rear the doorways \o speculate about the ‘Boss’? aud the probapilities of hws case when he would be taken before Judge Bedford. The Sheriff was m active demand all the forenoon, aod the inquiries for Mr. Jarvis were so numerous that the clerk sia- toned in his cosey office next door to the Snerifl’s came to the conciusion finally, ‘for nis own peace of mind, that he didm’t Know any such person. He had “never heard of seman and Jarvis before, you know,’ aithough he had a sus- Ppicion that a ceriain Mr. Beman and a certain Mr. Jarvis had gone to pay Mr. Tweed a visit at the Metropolitan Hotel, aud that the visit might Last alt day. ‘rhe arrival of the “Boss” from the Court of Gen- eral Scssions, on his way to the supervisors’ room, where Judge Barnard nad preceded him, happily for we Sherii’s oitice, attracted the attenuon ot the callers who were so anxious to see Mr. Jarvis on ‘very important business,” and soon alter the ‘Boss had made his way upstairs the rooms were well cieared, aud the immense gather- ing Of spectators at the doors of the Supervisors’ room received an exceedingly large addiuon from the Sheriff's oitice. It was rumored during the afternoon that further arrests were to be made, and, 4s a consequence, the friends of tne parties whose names were mentioned 1u connection with the arrest vegan to assemble near Jarvis’ office again as thick as bees. As soon as il was learned that he and the Sheriff had got through with tueir business on the upper floor the crowd was increased ten fold. It would be useless, and provably unjust, to sate what names were mentioned in connection with tne rumors of aiTest, for tne stavements that were bandied avout fom mouth to mouth were after ali noining but rumors and may even be justified in fact. Jarvis Was worn out from the lavors of tne week, and did best to be amiable to everybody, no mater bow silly were the questions put .o om, ana these Were so many and so Varied that it required no small amount of patience on nis part to make all his caiers go home satisfied that, {1 not realized all the information they were anxious to get and traced to solid fact every rumor they had given ear to, they had at Jeast learned all that was worth learning about the “probapilities of the tuture.’” It was Celene expected that Judge Learned’s order reducing Counoliy’s bail would be received during the alternoun, and a large number of pis friends loitered about the office tli late in the even- ing, paying occasional visits to Jarvis to ascertain 41 the long-looked for document had come to hand. But they, too, had in the long run to go away dis appointed, for up to seven o'clock the Sheriff had received no official notification that the bau of tne ex-Comptroller had been reduced. “You see, until the Sherif does receive orficial notification of the fact,” said Mr. Jarvis to an auxious inquirer, “we can dO nothing in te matter.” “What will you do when you get the order, if one has been issued?” Well, if Mr, Connolly can get the required bail and justifies in double the amount ip the civil suit against him, of course tnat ends the matier so tar as the Sherif is concerned. “What about the order of arrest in the criminal " 8 “With that we have nothing to do, once he is out of our custody.’’ “Can be bailed out in the same amount Tweed has just been bailed out in in his criminai suit.” “His case will be the same as far as the General Sessions in concerned, unless the Judge changes his mind about his ruling in Tweea’s case. He refased ball in that case, and I suppose will refuse bau in Connolly’s case.’ It was quite late in the evening before the Sheriff's office was closed for the aay, owing to the amount of business that came upon the oficiais “all of a heap,” and when the doors closea for the nigh there was still quite @ gathering of Mr. Connuily’s friends in the haliways. Comptroller's Office. Comptroller Green yesterday paid over tothe De- partment of Docks the sum of $100,000 for the use of that department. He also placeain the hands of the City Paymaster the, funds necessary to pay the “small pipe men,” who have been of late so clamor ous for thelr back dues, The following setters will explain themselves:— City oF New York, DEPARTMENT OF FINANC! ComPTROLLER's OFvion, Dec. 16, 1871. { OL! Joun J. BRAMLEY, Chamber §in—Ibave your favor ot th inst., in which you state that you bad that day recef er and above the salaries dy “ov ‘nd expenses of your ofice, the sum of $26,262 19 as Interest upon the clty and county moneys,” and that you had depos- ited this sum to the credit of an account which you inform by your predecessor of “profits realized by ann | nd Couniy Treasurer on the noneys ot the city and county in hands over and above the salaries and ex- penses of his oftice.”” ‘Aj this letter with others of a similar character have from time to time appeared in the public prints, it woutd seem to be your desire that others should accept ule conclusion that you and your pre.tece ave adopted for yourselves, to Wit, that these imleiest moneys are the property of the Cham: id that it is only by wn act of liberality on bis part ary. Not only do I fail entirely to seo the matter in thte light, Dut it appears to me that you bave no right whatever to raw them {rom the bai in aky manner to dispose of or veal with thein, By the laws of 1866, chapter 625, the Chamberiain of the city was directed, by written notice to ‘Comptrolier, to designate not less than turee banks in witieh all the moueyaof the city and county raised by taxation should be deposited, Und me was estabii 6 Chamberiaia Bank, the Tenth National mig in which the ely 1. There depositories bi reed (o pay an aonual interest of four per cent upon daily balances. I know of no law which appropri “Mis “interest. to the Coatnberinin or which gives to him personally any right or color of right to. it. it has been the practice for the depositories to keep ‘gocounts of the a deposited ani of the interest accru- ing, the former of which is drawn upon in the case of the Broadway National Bank by warrants sigued by the Gomp- the Mayor, and in the case of Pp subordinates in every department (except in ‘the P Fire ), with their respective salaries eee D, such as tne head of each department designate and approve. You will a of all su, pi ticulars thereof, and oblige, very respectfull; 1 and CANDHEW fy GREEN, Comptroller. City ov New York, DEPARTMERT OF FINANOR,| COMPTROL!ER'S OFFIOK, Deo, 16, To the BROADWAY NATIONAL. BANK, Designated Rository of the Moneys of the ‘Ciy and County of New ‘ork -— rs the moneys of the city and county of New York, by taxation and from other sources, have deposiied with you, in accordance with the designation made ‘aa required by aw, and for ‘use of the money thus de- posited you have agreed to pay the annual interest of four ‘cent the credit upon the daily balance It. has prac. accounts of ity oF county. 4 ratand, to keep moneys ceposited and of interest upon these balances. 1 by the Comptrol- ir, with the addition, in the lerk of the Board of Super- wed to be drawn by the check of the Chamberlain alone. ‘As the moneys depositea with you belong to the olty and county and not to the Chamberlain, of course the {uterest accriting for the use of such money rebtfnlly belongs to and becomes roperty of the city and county and no. that of the Cham! Se ths eocrued: interest, 6 in the case of the moneys deposited can only, therefore, be ly drawn ant signed by the Comptroller, counter- from you by warr signed by the Mayor, and, in the case of county the additional signature ot the Clerk of the Board of Buper visors. ‘The Chamberlain has no authority to draw such in- terest money, or to require you to pay the same to him, by cheek or otherwise. Ta these circumstances I have now to request that at the end of each month you please add to the credit of the Accounts of the city and county, or your books, the amount of interest which accrues upon the dally balance, at the credit of each acount, atid that you inform me of the amount h credits that corresponing entries may be made in the ah me with the par | ictioned by this department, unless such payment. ismade warrant sizned by the Comptroller and Mayor, fecesoary ‘by the Clerk of the Board of respectfully, ANDREW H. S12—You are hereby appointed penta 1m—You are hereby appoint ni The duties of this postion, faithfully and will require all the enerzy abuses which have grown up wi ment wil need patient and thorough inv demand the exercise of great discretion and abatement, In conferring this appointment it is with confidence that in your hands the interests of the city will be carefull , And that, with yo experience in the markets, the in: terests of the Ii 88 of reputable tradesmen with whom you will be brought fn ily contact, as well ‘as tho e of the public, will be well considered and cared for. ‘The adu inistrauon’ of the markeis needs thorough refor- mation; the glaring abuses that bave so long existed, and which have been so oppressive upon many innocent . pei must co longer be tolerated. ‘ou will examine and report to me whether the services of any employes, now in the markets, in the employ of the sity can be dispensed with, and as tothe most eifective method of makiag the markets productive to the city, and atthe ey simee convenient ‘nd acceptable to those dealing in ma. otf ully, we ANDREW H. GREEN, Coonan. NEw York, Dec. 16, 1871. Dzaz S1x:—I have the honor to acknow'edge the receipt of your letter of yesterday conferring upon me the position cf Superintendent of Markets, with which appointieat you say “tue duties o/ this position, af faithfully performed, wil the energy you (I) can command,’ leduing the justness of your remarks fn relation to the duties required and the responsibility attending the posi- tion you have done me the honor to appoint me to fill, 1 am free to say that during the whole course of my life my ener- gies have been devoted to the interests of this portion of our municipal organization—the pubiic mark Being aman more of ion than words [ resp: ctfully and most riuliy accept this appointment of Superintendent of Markets—not baving sought this or any office, out that the very graceful and ‘manner in which I ‘have been appointed is most fying to my feelings, by & greater incentive ts to my innate sense of duty to give my faithful atten- tion in aid of. accomplishing the reform you have so graphi- cally expressed as being needed. nce by saying that I desire I conclude this letter of acce; to hold this position no lonzer than my honorable ana faith- ‘me acceptable and useful to ful Paiste hehe ees cf ot i a8. fF, Yours most respectfully. bee brie Sth ait Yount THOMAS F. DE VOX, To AxDREW H. Gare, Comptrolier. ISH H AVENUE IMPROVEMENT. A Nat for the Park Commissioners to Crack— ‘Trouble in store tor the Eigith Avenue Railrond Company—Meeting of the Property Owners. A preliminary meeting of the owners of property on that portion of Eignth avenue which forms the western Loundarv of the Central Park was held yes- verday aftervoon, at three o'clock, at the ofices of Mr. John McClave, real estate agent, No. 44 Pine street, to consider some suggestions regarding the improvement of the neighborhood. The chair was occupied by Mr. J. W. Pirsson, who explained the object of the meeting. It appears, according to the chairman, that on all such aveuues and streets of one hundred feet width there 1s allowed fifteen feet for courtyard space and filteen for sidewalk, at each side, This gives the Park sides of Eighth and Fifth avenues, which have no need of courtyards, stoops or area ways, side- walks of the almost WASTEFUL AND UNNECESSARY WIDTH of thirty 1eet clear, leaving only forty feet for road- ways. On Fifth avenue side this makes tittle or no difference, the forty feet of roadway being quite sufticient for a good carriage drive, which is so desirable and even necessary to the respecta- bility and good social standing of the neignbor- hood, and therefore calculated to enhance the vaiue of the property theretu, The roadway on the Eighth avenue side of the Park, however, is now occupied by the track of tne Eighth Avenue Rail- Toad, leavipg no room of any account for an ordi- nary drive, and, sucn as it is, there would be no Possibility for a carriage to stop before a door so as to allow sufficient space between it and tne ratlroad track for passing vebicita. The property owners de- sire to remedy this state of things, Mr. McClave was anxious that the Park Commis sioners, in whose hands the power rests in this Inatter, should consent to throw fifteen of the thirty feet of sidewaik adjoining the Park into the road- Way, and that THE RAILROAD COMPANY should move their track over on the space thus ac- quired, leaving the present forty feet of roadway Clear for a carriage drive. A petition to this effect ‘was presented in January last to the Board of Park Commissioners, showing that no harm could accrue vo we Park if the petitioners’ request were granted; that In that Case, also, costiv and beautifu bulld- ings, Which would enhance the beauty of the Park surroundings, would have been immediately erected, and several other advantages to ali parties and to the city itself were set forum. The Park Commissioners of that day, however, paid no attention to toe petition, and so the matter went over until now, leaving several biocks of good property still unoccupied with magnificent houses, whose beauty and prox- imity to the Park would have so wonderfully im- proved the whole district. Mr. McClave {eit quite sure, however, that the PRESENT PARK COMMISSION, or any other by which the next Legislature may supersede it, would be ey, to pay more atten- tion to the interes:a of New York property holders than the last one did. 1n any case commissioners do not generally pay much attention to petitions, and the only effective pian, therefore, was tor the property owners wo organize themseives and take acuon. It was for this purpose the present informal meeung Was cailed. Mr. Olmstead (lawyer, firm of Tracy & Olmstead), ‘Was tor having the railroad moved away alvogether irom Eighth avenue. He gave various reasons snowing Wi would benefit even the railroad company. He said the Constitution of 1846 em- powered the Legisiature to compel the railroad companies to yield thus in certain cases to THE SPIRIT OF IMPROVEMENT, , and he felt cuntident of being able to induce the next Legisiature to exercise their powers in that re- gard. Mr. Ulmstead also urged the desirability of opening @ direct communication between the upper end of Highth avenue and the Broadway Boulevard thus making a thoroughfare and beautifal drive that portion of Eighth avenue adjoining the Park and making the property there even more desirable and valuable, on ac- count of its eastern aspect and jor other reasons, than the corresponding potion of Fifth avenue, Now Was the time to go to work, for the Eignth avenue was about to be newly graded. It would also be of great advantage to have the long and in- elegant designations of that and other neighboring streets changed to shorter, distinct and somewhat more EUPHONIOUS NAMES, Mr. Olmstead’s remarks were long, clear and comprehensive, and were listened to with great in- terest by the property holders who were present. Alter some desultory conversation It Was decided, to appoint a committee for the purpose of calling a large regular meeting of the interested proy erty owners. ‘Ihe committee appointed were Messrs. Olmstead, Mevlave, Vyse and W. R. Martin, to which Mr. Pirsson, the chairman, was added ex opicto, ‘ihe meeting then adjourned to the cail of the commitiee. NEWFOUNDLAND MAIL SERVICE. HAurax, N. 8., Dec. 16, 1871. The Inman Newioundiand mail contract expires on February 1. After that date the service will be performed by the Quebec and Gull Ports Steamship Company, the steamers to run between St. Johns and ulirax during the winter as now, ana bewween St. Jobus aud Picton during the summer, |. Yesterday NEW YURK HERALD, SUNDAY, DECEMBER 117, 18/L—TRLPLE SHEKT. THE BROKEN BANKS. THE MIXED COMMISSION. The Excitement at an End—No Further De- velopments Yesterday. About the various suspended banks yesterday there was less excitement than at any time since the panic commenced. The publication of the state- ments of assets and abilities of the Ocean and Union Square banks seems to have quieted the de- positors, ‘Those of the former, it 1s believed, will lose but little. At least such is the opinion of mem- bers of the committee now engaged in an examina- tion of the securities, and the receiver, Mr. Davies. Nevertheless, a strong feeling {8 prevalent among the creditors of the institution that it hasbeen most disgracefully menaged, and that Mr, Callender’s connection with it was very suspicious. His certificate of examination, in ‘which he puffed tne institution in October, was found by Mr. Tappan, of the Clearing House, and this led to an examination, resulting io unearthing Ris piper: We See pank ond action of the Clearing - Mr. ‘Tappan, who was requested by the Comp- troller of the Currency to make an exainination aud report upon Cailender’s connection with the banks, ‘Was Visited yesterday, and reports that he has been 80 ousy that he has been unable to enter upon the task; but ne will commence on Monday an jake nis report to Mr. Hulourd. It seems to be well established that his paper 18 In the Eighth National a8 well a5 in the Ocean and Union Square; but it is not known whether other banks have made nim advances. At the Union Sqnare Bank yesterday there was no Let rate the depositors being satisfied that they ‘wul oe paid in full after Keceiver Beeckman, who ig & careful business man, gets things in shape. The same cheering news nas gladdened the creditors of the Eighth National Bank, and while Receiver Man has not been able to prepare, as yet, an official ex- hibit of its acaiee oe eels sanguine that each de- positor will ere in full. The action of the Clearing House Committee, in bearing testimony to tne solvency of the Kank of the Commonwealth, has effectually ended the run, and no further trouble is anticipated It 15 be- lieved now that the alarm that threatened to ve- oome widespread and fatal to other institutions 18 at an end and that there will be no more failures. How Bank Examiners Are Paid. To THE EDITOR OF THE HERALD:— ‘The numerous condemnatory lucubrations hurled against Mr. H. R, Hulburd, Comptroiler of the Cur- renoy, for his alleged participation in the causes leading to the recent suspension of the three na- tional banks of this city, by reason of the retention in office of Bank Examiner Callender, having failed to evoke any defence for the action in the premises of the former named official, I have presumed upon your well kuown reputation of doing every man justice to say a word in such defence. The bank exeminers, or visitors, are appointed by the Comptroller of the Currency, with the ap- probation of the Secretary of the Treasury. The law stipulates that the compensation for the ser vices of examiners snail be “$5 per day for each day by him employed in such examination, and $2 for every twenty-five miles travelled in the performance of ins duty.” to be paid by the banks examined. Persons of prudence, honesty and high order of capacity, involving a complete knowledge of book- keeping and of accounts, are required tor the rapid performauce of the duties of appointees. Tney showa also possess suilicient Roman virtue to resist every species of bribery that may be al- ten) Lab oo. De practised by associations under i- ves\ De ‘The labors of such officers are usually severe, sometimes necessitating night work as well as that of day, while the imperturbable, disinterested scrutiny adequate for the faithiul investigation of ‘vhe condition of banks is {auguing and consuming +o mind and body. ‘Lhe proper characteristics and services can be obtained only from those long experienced in com- merciai lite, and only by the allowance of liberal compensation—durely not lor the paltry pay of $5 per day and mil ¥ in view of the bilities Mr. Hulburd has been marvelloualy fortunate in sélection of 80 many com- petent examiners, and in the execution of this part Of the Currency act be has evincea more than orat- nary skill, Many most varerul investigations have been made, yeariy, into the system of transacting business, capacity of management and Kind of securi- tues taken in loans, Many fraudulent and illegal ractices have been * nipped in the bud,” and the anks saved from the cormorant tendeacies of their officers; detaications found out, abuses and irregu- larities exposed and corrected. The anuual fixed compensation for the office of Examiner of New York and Brooklyn is fifteen hundred dol- lars—a very small si considering the grave and responsivie Iunctions of the omce. To meet re- curring expenses and . ordipary vations the ex- miner 18 impelled to seek other empioyment or to accept gratuities from ¢ie banks themseives. In this city the banks Rave been in the babit o1 making yoluntary donations, proportioned to the labors per- formed and results attained, the amounts respec- tively depending upon the character of reports 80 made, a “whitewasneu’’ statement, of course, reducing larger gifts. Under the skilful manipu- fauions Ol speculative bank officers Mr. Callender was ‘‘bedeviled,” seduced, and, possibly, has par- ticipated im no small degree in their losses and disgrace. Yo prevent future turpitude in the office of the New York Examiner, let the compensation be com- mensurate with the duties and responsibilities of the position, and capacity and integrity required. Mr. Huiburd has herevofore urged Congress tu Make provision tor this purpose, without any iavor- able results. The Ciearing House Association of this city has very properly demanded the deposition o( Mr. Callender, who 18 the proposed successor. Can any competent person be found who will un- aertake for $1,500 per annum the labors of a bank examiner, risking the excoriating criticisms of the newspapers? It this association will designate such a person, arranging to pay bim such a@ salary us the case merits, have no douvt Mr. Hulburd would be pleased to make the appointment. Your correspondent was for several years the first oficer of @ most successful national bank. ‘This institution, Under repeated rigid analyses of bank examiners, was pronounced to be the fourth, as to good condition, of ail the kindred associations of the country. in this position, and since, he has nad abundant opportunity of judging of the iitness ot Mr. Hubourd for his position, and submits that to him are we indeoted for the satisfactory working 4or the National Currency Act, and the smail losses justained by customers and sharenoiders by bank ures are traceablé to the sagacity and fidelity of this same officer of the Currency spice Se aD CONTARINI, THE BIGAMiST, CAGED. His Future Home at Sing Sing—A Felon’s Faithiul Wise. An application for a stay of proceedings in the case of Louis Guiseppe Contarini having been refused that notorious bigamist was yesterday conveyet to Sing Sing by Cornelius Pitcher, Sherti of Dutch- ess county. His case has been a@ peculiar one throughout, and if ever @ man merited punishment he does. Since his sentence bis infatuated Pough- keepsie wife has visited him daily, and the unfortunate woman was al- most heart-broken when the strong arm of the law separated her from him who has 80 foully wronged her. ‘he frst intimation he had of a re- fusal to grant him a stay of proceedings was given bim Wednesday night, through counsel. He was bitterly disappointed, and when his wife heard of the decision she wept piteously. When Contarini was first put upon his trial he had an air of bravado, and, in fact, was almost impudent. ‘those who knew his case well believed then’ and velieve how that he meant to still further deceive his Fougnkeevale Wile, to make ber believe that all the stories he had told ‘ner of his utter ignorance of the rties Who Were Witnesses against him was true. Me after wife was placed on the witness stand, and there was a periect avalanche of testimony against him. The Brooklyn wite’s testimony was ‘iven In minute cae and the evidence of the foston wife was none the less damaging. Still Contarini did not flinch. When, however, he was found gufity and the Court asked him if he had any- thing to say his bravado, in a great measure, disup- peared, and he made a rambling, incoherent speech, Fe pes May innocence ana denouncing sme of the mem! of the city press, The Court sentenced him to two years amd five months’ con. finement m Sing Sing. He separated from his wile Yesterday morning, she sobbing bitterly, He was then hanacuffed and conducted trom his cell to the Sheritf’s office, where he badd the jailer and Deputy Sheriff adieu, thanking them kindly for favors shown him. He was then placed in a carriage and driven to the depot, where he took passage on the one P. M. train for his future home on tre banks of the He had many stories to tell to reporters, but none of them amounted to anything. There 18 One leature of the case worth especial notice. Ever since Nis arrest the prosecution and defence were paid for.by Mary B. Distan’s father (ais Poughkeepsie wile). The poor old man saw ow deeply his daughter loved the villain and us every efor: to convince her either of his guilt o innocence, He one day, when spoken to on the subject, “yes, | am helping both the prose- cution and defence, If he 1s guiity I want nim punished, and if he 1s tanocent I want that proven.” OMAHA AND TEE UNION PACIFIO, The Executive Committee of the Union Pacific Raulroaa Company, at a meeting held yesterday at 57 Broadway, in consideration of the deityery of tain Douglas county bonds and depot grounds at Omaha, on the ist day of January, by that city, re- solved to make that place vhe actual verminus of the Union Pacitic Railroad; to make up all trains pound ‘West at that point; to build and retain alt the de- = pots, yeneral offices and land departientgo! the company at that point, and to trausier cars Of con- necting roads without delay or discrimination. This selties & long existing Coutroversy bevween Council Biutls and Omapa enurely in favor of the latter place. What Constitutes National Allegiance. Decisions Rendered by the British and Amort- can Commission on Claims Arising Out of British Property Des royed During th> War. WASHINGTON, Dec. 16, 1871. The United States and British Mixed Commission to-day decided on the demurrer in the case of An- thony Barclay vs. The United States, ‘The statement of the case is as follows:—The claimant alleges—himself a native subject of Her Britannic Majesty, resident in the United States for many years prior to " the year 1868, for the greater part of of that time was engaged in Her Majeaty’s aer- vice, and from 1842 to 1856 was Her Majesty's Con- sulatNew York city, That in the year 1853 he took up bis residence in Georgia, and there engaged in planting and carrying on three separate piante- tions within the State of Georgia, two owned by the claimant and devoted, one to the culture of Sea Island cotton and the other to products, and on whioh the claimant residea, and the other plantation the culture of rice, The third plantation 18 alleged to have been held by the claimant under lease, and to have been occuplec and cu'tivated by mim. The claimant alleges that, in taking up his residence im Georgia, he did not mean or interd to change lis nationality vor his allegiance to the Queen of Great Britain, but relied on the faith of existing treaties, authorizing and assuring his rights as a British subject to reside in the United states. He alleges also, that he ab- stained from ali intermeddling in the imsurrection and civil war, conformed to the Queen’s prociama- tion of neutrality, and in all respects conducted bimself as faithfully towards the United States as any loyal citizen could have done without taking an actual part in war. “The claimant sets up the President's proclamation of blockade in 1861 and the act of Com greas of July, 1561, confiscating vroperty whicn should be found passing from the insurrectionary into the loyal states. and alleges that it was at no time possible for him to withdraw his eifects from the scene of the insurrection. He does not alloge any attempt on his part so to withdraw, any move. ment in that direction, or even any intention of removal. He alleges various acts of plunder and devastation on ali the three plantations, committed by the United States forces under General Sherman, on or about December, 1864, and he alleges also the occupation and appropriation of two of bis plantations by the military forces of the United States and by emancipated ne groes, under General Sherman’s special field orders No. 15, dated ‘Headquarters Military Division of the Mississippi, in the field, Savanuak, Ga., January 16, 1365.’ For these injuries to his real and personal property, and {or the occupation of said plantations as aforesaid, he claims damages to the amount of $275,000 ard upwards. To his memorial the United States demur, on the ground that the acts alleged do not constitute a valid claim against the United States, under the trea:y; that they are not such acts as the United States are responsibie for, and that the claimant, by nis domicile, is not entitled to claim the'position of a subject of Her Britannic Majesty within the treaty, The facts stated in this claim make the strongest case imaginable of permanens absolute domicile. Under ali the circumstances, it cannot be said the claimant was desirous to leave the territory and was prevented irom doing 80 by any act of the United ‘states, ‘The counse! for British cialms on the demurrer of the Unitea States maintained that the wanton and malicious destruction of tne property of such a per- son is clearly not a necessary accident of wa, nor justified by the laws of nations, This is en- tirely independeut of the question of what redress there may be under tne laws of nations in such & case, Such acts are condemped by the moderm law of nations, and, if this be so, then it seoms un- dentabie that injuries so inficted would be the proper subject of reclamation in the vase of a neu- tral, Admitting that the claimant, by his residence in the United states, was a citizen thereof, im the sense of the international law, and owed a temporary allegiance thereto, and had assumed many obligations as such, it by no means follows that he dtd not continue to be a subject of Her Britanme Majesty. It is perfectly well settled that one may owe a temporary allegiance w one sovereign and a permanent allegiance to another, and 50 well is this understood that where tne two Eee conflict the ‘ormer gives way to the jatter. ‘The Commission tn this case say, the first thing te be decided is whether the Commissioners have Jurisdiction, which depends upon whether the claimant 18, within the meaning of the treaty, @ British subject, That ne is, in fact, a British sab- ject there 13 no qoult: but it is contended that, being domictled in the Uniled States, he is not one of those intended by the powers of the treaty to be included in that term, It Is undoubredly true, as appears from various cases cired in the argument, that tne subject or citizen of one State domiciled in another ac quires in some respects privileges and Hiabilities distinct from those possessed 1 ot bis original birth or citizenship, still remains the subject or citizen the State to which he ortginally ot belonged, and we see no reason to suppose that it was the tn- tention of either government to put the limited meaning on the words contended for inthe argu- ments in support of the demurrer, so as to exciude from our jurisdiction @ Britiso subject who has renounced his original allegiance, or been vaturalized in any other country. fact of claimant having hw aomicile in one of the Confederate States, will, of course, have a material bearing on the point also raised in the demurrer as to the liability of clatm- anv’s property to seizure and destruction by the federaltarmy. Itis dificult to lay down a general Tule, applicable in ali cases to the rights of an invad- tng army; nor in this parucuiar case is that neces- gary. ‘The statements contained in the memorial are, for the purpose of this argument, aasumed to be true, Une of the statements in the memorial 1s that part of the claimant's property was taken posses- Bion of by the federal army without any military necessity, convemence, provocation or inducement, and plundered, and that part was wantonly destroyed. Supposing this to be true, we are not prepared to that some fability§ might not be establiahea against the United States government. ‘The de- murrer is, therefore, disallowed; but the United States government will be at liberty, if they thing fit, to take issue upon the facts alleged in the me- orial. mone next case decided on demurrer was that of James Crutchell against the United States. The claimant alleges that he is a native born British suvject and came to Washington in ei and has since resided here for the 1 twenty-flve years, That in 1866 he became largely engaged in manufacturing, Ina large building known as Mount Vernon Factory, on the jand purchased and owned by himself, fitting up the same with machinery, motive power, beige material, &c., for the manufacture of articies pecuuarly American character, interest and value from timber previously purchased by tim from the Monnt Vernun estate, and mtended as memorials of General Washiugton. The factory, he alleges, was, shortly after the breaking out of the late civil war, taken possession o! by the United States for military purposes, and possession retained by tem for many ears for the same uses, He admits payment by he United States to him for the use of this pro- perty to the amount of $3,016, und a further sum of $1,200 fof repairs, put alleges this was an inadequate and insufficient compensation and that he recetyed the same under protest. The Claimant presents a claim for balance against the United states of $173,581. ‘The United States, om demurrer, maintained the point that Crutchell waa ‘within the rules of internauonal law, to be consid- ered a citizen and subject of the United States, lor all international questions of war and peace can admit of no doubt: and submitted that no claimaat can have a standing for nearing Wefore this tribunal to enforce @ ciaim for the vinaication of which fult and ample incans are afforded through the munick pai tribunals of tne country which are always open to him without possibility of exciusion. Counsel for Cratchell adverts to the argument in Barclay’s case, contending that Cratchell has # lawful Co against the United States that he has exhaus! every effort to ovtain ad eae te er Hag te faiied. Congress alone nad they have for years entirely disregarded his peti- tions. ‘The Commission. decide that, im addition to the points already aecided as to the eifect of domicile, there 18 a further point raised, that the claimant had nis remedy under the municipal Jaws aud au- thorivies of thé United States. The Court referred to in the argument a3 that to which the claimant had aright Lo apply ts the Courtof Claims; but vy the act of July 4, 1864, It was provided that the Jurisdiction of the Court of Claims shall not extend ‘to or include any claam against the United States, growing out of Lhe destruction or appropriation of, or damage fo, property by vhe army or nuvy, oP any part of the army OF NAVY, engaged “in the suppres sian of the rebellion trom the commencement to the close thereof, The demurrer is therefore disallowed as in the Case of Mr. Barclay, ‘The next case decided was that of Wullam Dunn, United States, being for personal property de- stroyed by the Uniied States army. ‘The claim having been Subinitted on the raemorial and claim- ware foo, it 18 ordered that the claim be uts a ls ‘The Commission adjournea anti the 24th of Janu» ary next.