The New York Herald Newspaper, January 16, 1872, Page 8

8 THE COURTS. Interesting Proceedings in the New | York and Brooklyn Courts, The Callender Case—Opening of the United States Cireuit Court for the Trial of Civil Cases—The Yorkville Police Justiceship—Acquittal on a Charge of Election Frauds—The Fur- man Street (Brook! cond T Trig) of Galvin “~dér of Campbell— Van Buskirk Discharged. ‘edy— the ae Madame NITED STATES CIRCUIT COURT. Opening of the Term. e Yesterday Judge Shipman opened the term in We Dnlted States Circult Court. “He will sit for the ext four weeks for the disposal of civil jury cases. After she calendar was called over days were fixed for the Srials of causes, Thursday next being sect apart for the case of Bowen vs, Nelson Chase. UNITED STATES COMMISSIONERS’ COUAT. The Case of Cuurles Callender, Before Commissioner Osborn, ‘The United States vs, Charles Caliender.—Yester- ‘Gay this case, details of which have been 60 {re- quently published in the HBRALD, was summed up by counsel on both sides, Mr. Wjlaam Fullerton, counsel for Mr. Callender, paddressed the Court at some Jength, contending, mn the course Of his argument, that the language of the act under which the defendant was charged Was somewhat ambiguous, and that it seemed to Wudicate that there should be a conviction of the giver, a Dromiser @l a brive to a public officer or person holding a place of public trust, for the pure pese of infuencing his oMcial action, before the tauler could be committed or punished for receiv- mg it. Apart Irom that view of the case, there was the fact that the delendant in the exa- Wination he had made of the bank did not do an onicial act, because the act olexamination was not complete without his report, and no report was made by the defendant, that being obviated py the oficers of the bank, who, at the request of the Comp- troller of the Currency, made a report confirming the exainination instivuted by the defendant. Mr. Callender bad not stated anything that was not 4ruc. With regard to tne advance made by the bank tothe deiendant, there could be noting im- Proper in that, because ne had deposited with them collaterals to secure that loan, On the whole case Sounsel contended that we defendant ought to be dscnarged. Mr. Davis, the District Attorney, summed up on the part of the government. He contended that the ct under wiuch the compialnt was brought created $wo distinct offences—one for the giver or promiser 0* @ bribe to @ public oMcer end the other for the public officer who receives a bribe, gift or valuable Consideration for the purpose of influencing his om: Cial act, The offences were not joined; they were separate ahd distinct; but the punishment of the @ilicer Who Wook a bribe was to be greater than that Of the giver of it, for he was to be ever after ren- G@ered incapable, by such an act, of holding any place under the government, 1t was contended by counsel on the other side that Mr. Callender, in taking Une examination of the bank, at the re- quest of one of the directors, did not do an official @ct—that ne did not make any report to the —. ment; bub why had he been awarded $100? Because me had wade the examination, the very thing he ‘Was bound to do in his oficial capacity, and it meeded no report to compicte that act as an official act, Besides, whether he made the report at the re- quest of a director of the bank or not, maie no matter; that request had no effect, so far as the mere consequences of tie ct were concerned, Counsel argued that the ceru- Geation by the bank of checks Ww a considerable amonnt for Mr. Callendar upon vanks where he had not & dolar to bis credit went to show the 1mproper Mature of the transaction, especially when iL was cousidered that the securities advanced by the de- fendant as collaterals were sucn as would not be accepted from any oue except a bank examiner by Quy bank, being third mortgaye bonds, the first mortgage bonds of the same siock being not worth more than from forty to seventy cents on the dollar, This statement was strongly denied by Messrs, Fullerton and Bell, counsel tor defendant. The District Attorney went on to argue that the slatement made by the defendant asto tne con- dition of the afairs of the Ocean Bank was calcu- fate to deceive the mercanuie community as to its soundness, and concluded by calling on the Com- missioner to send the defendant for trial. ‘The Commissioner reserved hig decision, which ‘Will probably be rendered on Wednesday or Thurs- SUPREME COURT—THiat TERW—PART 2. The Yorkville Police Justicesbip. Before Judge Bracy. Murray vs. Coulter.—The trial of this case was resumed yesterday, the court room, as heretofore, Being densely crowded. Opening the day’s pro- Ceedings Was a request by the dcfendant’s counsel, which was granted, that the testimony of James Carrol) be stricken out, Jt was stated that Carroll had been im State Prison. He testified, it will be remembered, that he overheard a conversation be- ween the plaiutid and Hamiin, in which the latter said that he got Coulter into pe sade, and that he could get bim out of it, and that Murray offered him $5,000 to do it; and that Hamlin said be wouid, although it might cost nim five years in Btate Prison, John Gross, ® policeman of the Twenty-second precinct, James Brothers and Mr. Furreil, officers of the Thirty-first precinct, aua Cornelius Farley testi- fed w the bad character of Hamlin. Andrew Ward, who was a candidate for Aldersaan at the charter election of 1869, testified that he kept @ tally oi the votes for Police Justice in the First dis- trict of tne Twenty-secoud ward, which sbowed 227 yoles jor Murray, 247 votes for Coulter and 51 votes for Masterson. Dominick Williams said he kept a tally which exactly corresponded with the above. Edwara M. Gedney, an associate canvasser with Hamlin, testified that on the day after the election be and “of owed others took adrink with Coulter in Lovejoy’s Hotel. te denied ali the rest of Hartlin’s swry about going to a private room and destroying the regular elecuon returns and making out new ones. James Reddy was the next witness, but hyp testi- mouy was unimporiaat. “Your name is not William Varley?” he was asked Op the cross-examination. “No, sir,” he answered, cae ae hot Keddy the Blacksmith?” “No, sir.” “1don't want the jury to get a wrong impres- sion ap this point,” said the counsel, at which wll ighed. George A. Lambick, police telegraph operator, testified that Dillon, the poll clerk 10 the shin dis- trict of “he Nineteenth ward, was drunk on election day, ano absent two hours trom his post; he made out the returns to the canvassers #nd they signed them. SUPAEME CUURT—CHAMBERS, Decisions, By Judge Barrett. The Gallatin National Bank of New York vs, Her- man W oll! et al.—Motion denied without costs. in the Matter of the Application of Joun J. Hickey, General Guardian, &¢.—Report confirmed ana orders granted, In the Matier of the Petition of the Chureh of the Ascension in City of New York for Leave to Morv- gage, &c.—Order granted, Kuse va, Epanier et al.—Judgment granted, Sayer vs. Bayer.—Memoranda for counsel. Wiliam C. Frena, Jr., vs. Michael Purcell et a).— Judgment may be entered upon the report, but the report is not the judgment. The arrest must be be- fore the dockeling of Judgment, not before the gecision. The order must be made before judg- ment, not before decision. Pesant vs. MceBudd et al.—Motion denied, with $10 costs, See memoranda. In re Acconnung of Henry A. Dumesnicl, Admin- Wtrator, &¢.—Molion granted upon terms, see opinion. Fink vs. Lyons et al.—Motion denied, with $10 posis. See opinion. COURT OF OYER AND TERMINER, Charge of Violating the Election Laws, Before Judge Ingraham. ‘The only trial in this Court was that of William Penny, charged with violation of the election laws, Be was acguitted, “Not so bad @ penny after all,” said Assistant Dis- trict Attorney Sullivan, on the announcementof the Fas joke fell like a wet blanket upon the Court, incapacitating it for further business without & sumulant, to procure which it immediately ad- journea without day. SUPERIOR COURT—TRIAL TERM—PART I. Two Tailors ¢ he Kind of t Up a Sulit, a a Suit It Wns. Before Judge Freedman. Pever Quinn vs. Joseph Donnelly.—The platatint and defendant are botn tailors, just tne people of all the world to get up asuit. Some two years and half ago Quinn drew $225 out of the Bleecker Street Savings Bank, and Donnelly, his journeyman at that tine, went with him to get the money and af- Uerwards they both went on a spree. Quinn wound up by going olf juto a sound siumber and Donnelly by going of with the money, Quinn brongbt sust fo recover the amount, A woman testified wat she Was present Wien Donnelly wok the money, and tat there was oniy $115 then in Quinn's possession, 3t was shown thay Donnelly had paid back some of it since. “Why (id not you pay Quinn al) big money when ‘NEW YORK HERALD, TUESDAY, JANUARY 16, 187%~-1xIPLE SHEET. BE FOL Boner, mMstead of paying him ip dribiets,” asked Quinn’s conusel of the defendant. “For @ good reason.” answered Donne! nave | never since seen him sober enough to trusted th such & sumM.?? The Judge tuought Quinn might be trusted with Ais Own Toney and gave a Verilict to that effect, SOUAT CALENDARS THIS pAY, UNITED Srazee DietRler COURT—IN ADMIRALTY.— | Nos, 126, 26, %, 10, 49, 30, 42. SUPREME COURT—CHAMBRRE—Held by Judge Bar- rett,—Now, 2, 41, 44, 49, 52, 04, 65, 61, SUPREME COURT—GENERAL TERM—Held dy Judges Ingraham (P. J,), Barnard and Cardogo.<> Nos, 184, 186, 187, 188, 169,'190, 191, 194, 193, 194 “1o5, 198, 198, 200, 201, 203, 208," Z06 o.)’ 208, re Courr—cincurr P43 HHe1n Judge Van Brunt.—Nos, 467, *7) dg, 743, G40, 943, 949, 951, 968, 995, 95534, SE" oho, 03, 965, 967, 969. SUPERIOR COURTS" wiay, TeRM—Part 1—Held bY ai , 907, 900, O11, | 1323, 125, 1827, 1329 rr) C 1, 1343, 1345. Part’ 2—Held vy Judge oneii.--vase on.” "aT OF COMMON PLEAS—TRIAL TERM—Part 1— “Dy J) emore,—Case On. MARINE Coukt—THIAL TERM—Part 1—Acld o i Judge Spaulding.—Nos, 7734, 5672, 7634, 2476, 74 1614, 71 1658, 7677, 7691, 7743, 7744, 7758, 7765, Part 2—Held bv Judge Gross. —Nos, 7727, 7721, 1625, 7670, 7549, 7541, 776:, 7764, 7630, 7684, 6339, 7261, 1758 3, 1759, 7760, 7764, 7761, 7768, Part S—Hela by Judge Joachimsen,—Nos. 8488, 8636, 8567, 6578, 7495, ‘7605, 8058, 8224, 8542, 8543, BROOMLYN COURTS. by | oa’ SUPREME COURT—SPEGIAL TERE. Street Opening Reports Coufirmed, Before Judge Pratt. Upon the application o Corporation Counsel Wit- “lam U, DeWitt Judge Pratt yesterday confirmed the reports of the Commissioners of Estimates, 4c., on the opeaing of the following named streets:—Van- dervoort avenue, from Montrose avenue to Knicker- bocker avenue; Margaretta street, from Central avenue to broadway; Stuyvesant avenue, trom eene avenue to Lafayette avenue; Rochester ave- nue, from Atlantic avenue to Sumpter street; Tenth street, from Norih Fifteenth street to Orchard street; Chauncey street, from Ralph avenne to Patchen avenue; Evergreen avenue, irom Thames street to George street, and from Myrtle avenue to Greene avenue, and from Myrtie avenue to Cooper street. CITY COURT—TRIAL TERM. A Father's Lons. Before Judge Neilson. Cornetius McNamara vs. Albert ©, Woodruft.— The plainuf sues tw recover $5,000 damage for the 4088 Of his son, a boy of eleven years, who «ica irom the effects cf injuries received on the 30th of May last by being crushed by @ hogshead of mo- lasses which rolled from a@ truck opposite the ce- fendant’s warehouse, on Harrison street. The de- fence is that the boy was trespassing on private property, when injured, and thathe was injured hrough his own negiigence. Case on. CITY COURT—CRIMINAL BRANCH. A Furman Street Tragedy—Second Trial of Donic! K. Galvin ior the Killing of Michael Campbell. Before Judge McCne. The second trial of Daniel E. Galvin, indicted on the charge of having murdered Michael Campbell, in Furman street, on the evening of Saturday, the 15th of July last, was commenced yesterday after- noon in the City Conrt. The prisoner was first tried on the 5th of October last, when the jury gusagresd, seven of the jurors bemg in fayor of verdict of manslaughter m the third degr and five in favor of a verdict of murder in the nec- ond degree, It ene from the testimony that on the afternoon of the 15th of July Campbell, wio was a lighterman, had been drinking pretty freely, and brought up in Galvin’s saivon, on Furman street, about midway between Montague street and Fulton ferry. He continued to drink there, and he- coming disorderly was ordered from wi the proprietor, When out on the sidewaik Ca began to smash tie windows of the saloon, upon Galvin ran out and stabbed hun tn th kK with a sheath kniie. Death ensued a few hours thereafter, The prisoner is defended by Mr. Spe District Attorney Winchester Britton ay the people. Tne testimony elicited yest about che same as on the first trial, Amor nesses wes Daniel Lynch, wno swore that he wis present in Galvin’s saloon when the disturbance ; lwo sailors were in the saloon, one of whom was considerably under the influence of liquor and wanted the deceased to go down on the dock and fight Galvin; asked him why he did not £0; a few minutes bfter this the wituess and Camp- bell went into the saloon of Mr. Canning; the next stabbing him; the witness tnen seized Galvin, but afterward let him go; after he had stapbed Camp- With the prisoner and then go out. The window glass was smashed shortly aiterwards, wien Galvin stated. The killing 18 admitted by the defence, but it is MM the beat of passion, & The trial Is to be concluded to-day. case of Madame Mary Van Buskirk, of Si, Mark’s place, New York, who was indicted on the charge Of having been concerned with “Dr.” Perry in caus- Post, @ patient at the Madame’s house. Perry was tried, convicted and sentenced to the State Prison tor two years, Van Buskirk were unable to agree unun a verdict. Plication was made yest: returned, when 11 tras} mions and complaint in a sult to recover the amount before leaving. ‘The sum ol $1,500 was returned to The circumstances of this case were published in the HERALD at the time of Miss Post's death, ‘That “Dr.’? Perry attended her. As funds were not forthcoming for her board the “Doctor” and ov her friends, Afier riding around sor some ume Without being ableto fod any of them the party tal, Where she died, BROOKLYN COURT CALENDAR. the witness saw was Campbell lying ne doorway bell Galvin said, “Now Tam satisfied.” rao out, with a knife in his hand, alter Campve! claimed wnat the deed could only be rated as man- Madame V: Buskirk Din ‘acd. but the jury on the rm of Madame She was released apon making a deposit of $10,000 of her counsel on the trial, had attached 1t for ¢: her, the balance remaining subject to te attach- unfortunate woman had been taken (o Madame Van Madame took her in @ carriage to Brooklyn one proceeded to the Washingion strect police station, C.ry Courr Wnt 173, 16, 17, yo 180, 21 and Galvin over bim with a sheath kn nis hand Henry Carron saw deceased have some words Other witnesses were examined to the efect already slaughter in the third degree, as it was commuitied A nollie prosequi was entered yesterday in ihe ing the death of Miss Emily A. with the Brookiyn Trust counsel fees. The Madame was served with a sum- ment. Buskirk’s house at the request of her brothe might for the stated purpose of finding some whence Miss Post was removed to the Clty Hospt+ 225, 226, 284, 47, 56, 62, i IMPORTANT DECISION IN BANKRUPTCY, The Law Batsttog re Limited ida General Part nerships and Their Dissolution— Decision by Judge Blatchford. Iu we Matter of David J, King and William King, Bankrupts.—Judge Blatchford, yesterday, in the United States District Court, rendered an im- portant decision in the above case, The question disposed of by the Judge relates Lo the law of lim- ited and general partnership, and also to the time within which legal notice may be given threugh the newspapers of ‘he dissolution of such partnerships. As the matter Is ove of considerable Interest Lo tne Jega! profession we pubiush m full THE DECISION. ‘The only question which tavem tb necessary to coustder tn disposing of the moon on the part or ie Teton ip then at sh confirm the report of » TisalloWiug the clay b 4 ta the question witiner “wiz of Sarab King, toe limitea part nership of D. J. and W. King and Helander, ip which Sarah King was a parwer, was lawfully dissolved by the acis before the ume prescribed for its expiratio: certifcate of its formation. 1. tt way tot by dis: solved before such time the report of the Register must be confirined. The twenty-fourth section of the statute of New York im regard to limited parte nerships (i R, S. 767, secuion 24) proviues as jo} Jows:—"No dissolution of sneh partnersiip by the acts of the partes sball take place previous to the time specified in the certificate of its formation or in the certificate of its removal, until a nouce of such dissolution shall have been filed and recoraed 1D the clerk's office m Which the original certincaie ‘Was recorded, and pubiiehed once in each week for four weeks in @ bewspaper printed in ei of the counties where ihe partnership way have places of business aud tn the State pa pers.’ Toe question in the present case is as wo Whether the potice of dissoluliou was published once in each wees tor four weeks in the state paper—the Albany Avening Journal, The notice Was published in that paper, which was a paper published daily, five times in Janvary and Febru- ary, 1869—namely, on tne 11th, 2istand 27th days of January and on the Ist and 10th days ot Februar: It was pabiished in the New York Times, & new paper published dally ip the city where the partne: ship had its place of business, five times in January and Feoruary, 1869—namely. on the 12tn, lvth and 26th cays o] January and op the 2d day of February. NO question 8 Made as to the pobiication in the latter paper. Jt ie contended that the publication in the State paper Was a pulsicavion once im each week for hve ruccessive weeks, In this Way:—ine frst week was ii to January 17, both imejusiy 100 iM thal Week was on January week Was Jrom January 18 10 Jauu- t we parties to It ary 24, both Inclusive, and the pubheatton in taat | Weok was on January 21; tne third weex was trom | January 25 to January 31, both inclusive, and the | ublicasion in ihat week was on January 27; We fourth weex was trou F yruary! to February 7, | bot inclusive, and the publication that weex was | on February 1; the s*h week was from February & | wo Kebraary 14, both inclusive, and the publication | tn that week was on February 10. In support of this mode of computation the case Bowen vs. Argall (24 Wet 498i 1m zolied on. In that case the question agase GF wie minut Action OF eng same title (Lf, 145, section 9), Which Pegvifes as folowss=—he tners shall publeR eh terms of | «ftnership, when registered, for at last six weeks, immediately after such ‘registry, in two newspapers to be designated by the Clerk of the county in which such rezistry shall be made, and to ; be published in the Senate ‘distrtet in which their ; business shall be carried on, aad if such pubiica- tion be not made the partuersmip shail bo ‘ pie general.” In that case the notice of the terms of the partership war, published in each of the two newspapers desr ,. Rated six times—namely, on the 17th aad 246d of September and the 1g, 8th, 15th and 22d dayy of | Octover—the space intervening between tly, «day before the first day of publication and the d/,y arver he last day of publication being tirty-¥.x days. She oyjection was taken that the BOLIC yught to have been pwbitshed dally for tnirty-si7, days and that, at all events, there snouid have bven six weeks between the first and last publicauors, From the day of the frst publication to the day of the last | publication was five weeks, and from the | day er each publication Yo the day of whe next succeeding pubitcation was space Oo! exacuy seven days in each instance, ‘the Court helt that the words im the ninth section, ‘for at | least six weeks,” ineans “once tn each week tor at ! Jeast six weeks,” and not @ publication daily for six weeks; and that a publication in the first week im- mediately ensuing the registry, duly followed by a repeuuon for the next five weeks was suficient, ‘The notice was repeaied five tiinés after the first publication at an inverval of seven days beiweea each time. ip the present case, the publication being required to be “onee ineacn week tor four weeks,”’ there ought by,analogy io have been one publication, and then a repetition turee times after the first publication at un interval of seven days between each of the four times. No such sequence of publication took place in the present case, Phe Court says, in Bowen vs, Argall, | “A publication once in each of the eusuing six | Weeks’’—that 18, once in each of the six weeks en- | suing the registry—“is sufficteat. Th slate | Counts by weeks, taking One day, no matter which, | Mf according to the common sense of weekly publi: cation, in each week, Thus the full term of sorty- | two days aud more’—the registry having been made on the 14th of September—‘were made outin Uns case, One publication in each six consecutive weeks of seven days each, the first publication being within the first seven days after tne regis- try, ‘satisfied the statute in respect to ume of publicauon, Each singie publication in each week represents and should be reckoned for seven days.’’ When any day of the week 1s taken for the first vlication ina paper, that same day of the week must be taken for each of the succeeding publica- tions, In the present case the first publication in the | State paper having been on the 11th of January, the | notice should haye been repeated 1m that paper three times at intervals of seven days each, namely:—On the 18th and 25th days of January and the 1st day of February, This was observed with yegard to the publication in the New York Times, The first pub- Heation in thats paper having ueen on u 12th of January, the succeeding pubn- cations were on the ivth and 26h days of January and the 2d day of February, ‘There was not one publication in the State paper in each of four consecutive weeks of seven days ensuing the lithof January. The first of such weeks of seven days each Comprised the 12th, 13th, lath, 1oth, 16th, 17th and 18th days of January, und there w: no ublication on aby One Of those days. ‘Ine case of owen vs. Argall 13 an authority against the regu larity of the publication tn this case. 1 am satistied Uhat the correct interpretation of the statute is the one | have dicaved, and that the practice under it is iM accordance with such interpretation. No de- ton of any State Court in coufict with such inter- Pretation has been brought to my notice, The mo- uon to confirm Une report 18 granted, , THE TWO GRAND JURIES. Judge Redford’s Grand Jury and the Grand Jury of the Court of Oyer and Terminer—The Latter Put Themselves Right on the Record and Want to Go Home. After the assembling yesterday of the Court of yer and Terminer, Judge Ingraham on the bench, @ number of sjnitictments, incinding that agalust Stokes (to be found elsewhere), were submitted, Directly afterwards the foreman of the jury said they had a document which they woula like to Present to His Honor with his permission, ‘ire | Judge promptly acceded to this request, and the following letter was then suvmitted and read by the Secretary, embracing, as will be seen, tne GRAND JURY'S PRONUNCIAMENTO in explanation of its duties and prolonged session, 48 well as a reply to the late published maniiesto of Judge Beato: ‘aud Jury in regard to their pro tracted sitting:— RAND JURY New York, Jan. 72. Roo, ) 1872. To the Hon, DaNigL P. INGRAHAM, Justice of the . said James Fisk, J | aloresaid, at the ward, ct INDICTMENT OF: STOKES, RI ner The Grand Yory of the, Court of Oycr and Ter- miner “mMaict Stokys for the Murder of James Jr.—The District Attorney Ready to Procee® with the Trial—Probable Ar- ra¥znment of the Prisoner Tc-Day. Sw/n-winzea Justice—for sometimes, despite the laW?s proverbial delays, Justice, like Mercury, 19 SW ift-footed—is after Stokes, charged with the mur- %.er of James Disk, Jr., with flying speed. An In- @ictment found against him by the Grand Jury of the Court of Over and Terminer was yesterday morning presented to the Court, Judge Ingraham on the bench. The District Attorney announced that | he Was ready to proceea with the irial at once, and it 18, in fact, understood that he will be arraigned to-day. The following 1s a copy of THE INDICTMENT, State of New York, Cily and County of New York, 88.:—The jurors of the people of the State of New York in ahd for the body of the city and county of New York, upon tneir oath present—Tnat Edward §, Stokes, late of the Fifteentn ward of tne city of New York, inthe county of New York aforesaid, on the 6th day of January, In the year of our Lora 1872, at the ward, city and county aforesaid, with force and arms li ana upon the body of one James Fisk, the younger, in (ue peace of God and the peome, thea and there being feloniously, wilfully and of ms malice aforethonght, and with @ premeditated design then and there ty effect the death of the said James Fisk, did make an assault, and that the said Edward 3. Stokes, a evrtatin pistol, then and there charged with gunpowder and one leaden bullet, which sald pistol he, the said Edward 8, Stokes, then and twere, in his right hand, had and heid, then and there, felontously, willully and of his malice afore- thought, and with @ premeditated design to effect the death of the said James Fisk, did shoot off and discharge to, at, against and upon the said James Fisk, and thatthe sald Edward 8, Stokes, with the Jeaden bullet aforesaid, out of the pistol aforesaia, then and there, by force of tne gunpowder aloresaid, by the said Edward S Stokes shot oif and «hscharged, as aforesaid, then and there, felomously, wilfully and of his malice aforcthought, and with @ premeditated design to effect the death of the said James Fisk, did strike, penetrate and wound nim, the said James Fisk, in and upon the belly of him the said James Fisk, then and there with the leaden bullet aforesaid, so, as aforesaid, discharged and shot out of the pistol aforesaid, by the sani Edward S. Stokes, in and upon the belly of him the said James Fisk, one mortal wound of the depth of five inches and of the breadth of one-hait un inch, Of which said mortal wound the said James Fisk, from the 6th day of January in the same year aforesaid, in tne ward, city and county aforesaid, «did languish, and and languishing did live, and on which 7th day of January, in the year aforesaid, the sala James of the morta: wound aforesaid, atthe ward, city and county aforesaid, did die. And so the jurors afore- said, upon their oath atoresatd, do say that the said Edward 8, Stokes him the said James Fisk, the younger, in the manner and by the means afore- said, atthe ward, city and county aforesaid, felo- niously, wilfully and of his malice aforethought, and with a premeditated design to effect the death of the satd James Fisk, did kill and murder against the form of the statute in such case made and pro- vided, and against the peace of the people of the State of New York and their dig- nity, Second count.—And the jurors aforesaid, upon their oath aforesaid, do further present that the said Edward S, Stokes, late of the Fifteenth ward of the city of New York, aforesaid, after- Wards—to wit., on the said 6tn day of January, in the year of our Lord 1872, at the said city and county aioresaid—not having the fear of God vefore bis eyes, but being moved and seduced by the instiga- Uon of the devil, with force and arms in und upon one James: Fisk, Jr., in the peace of God and the said people, then and there being wiilully, 1elont- ously and of his malice atorethought, did make an assault, and that the said Edward S. Stokes, a certain pistol of the value of one dol- lar, then and = there charged with = gun- powder and one leaden bullet, which said pistol he said Edward S. Stokes, in his right hand, then and there had and heii, then and there wilfaily, felontously and of nis malace aforethouat, did shoot off and discharge to, at and against the ir; And that the said Kdward Ss. Stokes, with the leaden bullet aforesaid, out of the pistol atoresald, then and there, by the force of the ginpowder aloresaid, by the said Raward 8. Stokes shot off and discharged as aforesaid, then and there wilfuily, feloniously and of malice afore- thought, did strike, penetrate and wound him the | said) James fisk, Jr., and upon the belly ot him the © said Piss, Jr, then and there with n billet afore- Said, SO as aforesaid shot and discharged out of the pistol aforesaid by the said Edward s, Stokes in wad upon the belly of him, the sald James Fisk, Jr, one mortal wound of the depth of five inches and o! the breadth of ou if an ineh, of which said mortal wound he, tne said James Fish, Jr, from the sant 6th day of January. in the year aforesaid, until the itn day of ary, in the same year nu county aloresaid, did languish, and languishing cid live, on which said ith’ day of January, m the year atoresaid, the sau James Fisk, Jr., at the ward, city and county aforesaid, of the morta: wound aforesaid did die, And so the jurors aforesaul do ) oath aforesaid, that he, the said Edward 8. Stokes, him, the said James Fisk, Jr., 10 manner and form aforesaid, at the ward, cliy and county aforesaid, wiltully, feloniousiy and of his malice aforethought, Supreme Court of Oyer aud Termine: The 4 Jury of ine Court. of General Sessions having come to the conclusion that tey are an niegal body im certain action which they have taken during the existence of a Graad Jury of a higher Court, and having pudiisned a manifesto to that effect, cunpied With a reflection upon Your Honor’s umvtives in oot aischarging this Jury Jrom the further consideration of the duties assigned to it, as im that event, in their opinion their actions will then become vaind, we, the Grand Inquest of the Court of Oyer and ‘Lermiuer, desire “to be DUT right upou (he record,’ aud to state tnat although It 13 a notortous tact that the city prisons are full Lo overflowing with prisoners, andthe House of Detention With withesses, and We are daily oceu- pied with HEW Cases brought before us, Nayit ready passed upen one hundred ani sixty-four jainis, We bave no desire to “ueteat the enus of jusuice” py & contunnauce Of Our labors, oF to pursue any course which may even have the appear- ance ol It. We woud, therefore, respectiully sub. mit to Your Honor that we are ready to ve dis- charged as soon as you may deem it compauvie with Wie public interest LINDLEY M, TLOFFMAN, Foreman. EDWARD BakwER, Seypretury, Sneceeding the reading of the above letter fol- lowed some QUESTIONS AND ADVICE BY THR JUDGE. JUpGE—Have you any unuished business before your FORE MAN—We have, sir. JUDGE—HLoW soon Will you be FOREMAN—Probably the latter part of this week. JcepaR—Well, | would suggest to you not to com. mence any new business. It is yourduty to finish that which you have in hand, and with that I shail hot attempt to imtertere., ‘Lie fashiou of accusing persons in the disclarge of their duty Is so com: Mon, as you and | have experienced, that | know of no betier way than lo go on without regard to it. For myseif, | feel called upon to pro as usual With iby duties. Lo not think the Grand Jury have nvtling Muproper. ‘The cases before you are such as are propery before you, and if you had ne- glected these duties You might have taken a course Which migni have jed tu Tue eseape of those who ure guuiy of crime and deserve isnment. If | i ye Lo get through With Le busiaess Lhave to do Ourt WILE a Week, aNd HL Would be desi ai YOU Should close Up your business at the sume time. Phe jury then withfrew. Cs oa | A LADY'S ADVERTISING EXPERIENCE. NEW YORN, Jaa. MM, 1872. To THe Eprror or THE HEkaLD In your editorial to-day you request that we shail | keep you informed of the imsulling answers to our | advertisements Irom fast men, You may know that I have advertised in the HeRaLp for elgnt years, and witua! ine HERALD has supported me for five years out oj the best people of New York, yetno young lady, probably, ever had so many one thousand chances to be ruimed iu parse and char- acter as 1 have had, through the same honorable channel, ¥iz.:—HERALD advertising. | always select the Kernel ont of the wheat and let the chaff go; but I pity otuers, a% good as wyself, wio ave not this detective power and discernment. § have lor eight years been saving a few outof the one thou- sand bad letters: have received, intending to pub- Nso @ DOOK oF make them the basis of a lecture, aud two years ago i Was advised by one of your eaitorial corp to wre a communeation to the Hws which | have ever before bad ume wde. Only a few of my Jetiers were fit to save Jrow the flames over night, but J have plenty, avd iu memory enough 1 ta vozen afiuavits. 1 think ‘we name Vere” was one 0} Wy Villains; agother Was the “H. 8B, Stanton,” 1 think (but can't swear to the jgtter until I see Lim), Tevently convicted, apd — reported in the Henaro for forgery, 1 bave not yet had time 10 leave my straggie for. daily bread long enough to #0 lo Courtas a witness against him, por could L Now Vo thls “Vere, if it slonid prove to be him. Suil Lam rejoiced’ and gratetul to you for promis- ing me, as you do in ta-day’s HERALD, that you will ‘40 ail You Can to take off this terrible and jear of conunuing our HERALD advertisements, Which bas restrained others, J doubt not, as well as Myself, irom using, ay much as we found it to our benedt to do, the most powerful engme of the world vi ne wdvervising columns of tho NEW YORE HERALD. Respectaily, JENNY Ma tae DOR 7 tion D, Post office. P. $.—A8 to “Alexander, whom you also sed: tlou, I have received no ‘jess than three signed “Alexander,” a lew “Jas, alexander? —[ guess, four or five, My advertisements were so V! , and stretching wirough @ period of years, 1 aUpi he thonghteach tue hé was on the track Pe new iyi? * alte hebapiing oo box 26, 18, think, the person of whom your detects “By your Mi’s aug V's J know you.” aid Kill and murder, against the form of the statute in such case made and provided, and against the peace of the people of the Staie of New York and tueir dignity. SB. GARVIN, District attorney. FISK’S EPISTLES. The Genuineness of the Letters Published im Sun- day’s Herald Vindicated—They Are the En- tire Correspondence—Jay Could and Counsellor Shearman Interviewed. A HERALD reporter called on Jay Gould yesterday relative to the Fisk-Mansfieid letters published in Sunday’s HERALD, when the following conversation ‘was had:— REPORTER—Mr, Gould, did you read the letters caretully wnich appeared im the HERALD? Mr. GouLp—t did. Rerorren—Were they the very letters which Stokes presented and the very letters against the publication of which Coicnel Fisk got out an in. Junction? Mr. GoULD—They are the very letters. REPORTER—Were they all the letters which were covered by the injunction? Mr. GouLD—Yes, all the letters; 1 tell you upon my honor that they were the same letters and all the letters which Stokes had, Rerorrer—Were these letters the same letters aud all the ietters which were placed in the hands of Peter B. Sweeny for safe keeping? Mr. GouLp—They were, RePORTER—But the newspapers say there are also other letters. Mr. GovLD—Well, let them produce them, then. They can’tdoit. df Stokes has them let him pro- duce them, Our reporter now called on Mr. Shearman, general counsel for the Erie Railroad, and a member of Mr. Beecher's church, when this conversation eh- sued:— RerorreER—Were the letters published in the MEKALD all the lettera which were handed to Mr. Sweeny und written by Colonel Fisk to Josephine Mr TSUKARMAN—They were, every single letter, so, As Mr. Fisk’s attorney 1 will say to Mr, stokes, the newspapers or the public that if there exist other Jetters let them publish them. But they do not nor ever did exist RePORTER—What abont the letter which appeared in the 7rivune November 25, and of which wis is a copy? , ERIE RAILWAY COMPANY. JAY GOULD, President, JAMES FISK, Jr., Treasurer, OFFICE OF ‘THE COMPANY, NEW York, —, Dan DOLLY—To-night we play “Las Briggans.”” [tis tov jolly. When you past me at the galt last night without lookiag at me my heart was pirsed, JAS. FISK, Jr, Mr. SHEARMAN—It 1s clearly a forgery. RePorTER—A forgery out and out? Mr, SHERMAN-—Yes, an absolute forgery. You will observe (nat that note has a printed heading, “James Fisk, Treasurer.” Now Mr. Fisk never was ‘Treasurer, and to my knowledge there never was any paper in tue Erie ofice with such a heading, ‘These are the only blank letter heads ever used in Mr. Fisk’s oMice:— DEPARTMENY OF FINANCE AND. ACCOUNTS, ERI RAILWAY COMPANY, JAMES FISK, Jr. Onice cor. Si ave. 428d ah, fice cor. P.O, box 889, New Yors, ——, 18, REPoRTER—How came the 7ribune’s lorged let ter in exi sience? Mr. SHEARMAN—I have no doubt that Stokes, who used to be around with the 7rtbune editors, showed them copies of the real letters, so far as ne had nem, and among them this one:— Novempen 14, 1870, ‘Do you really wish to see a “brigana” at your house to-night 7 80, What hour, or from what hour how tate should I call?—-for { might’ be able to come at ight, oF ps oot until ten? Say what hour and how jate 18 you after the time you firat say. Upon this maybe was constructed the pretended bote published in the Tribune from memory. An additional evidence of the fact of the Tribune's Jewer be! &@ forgery 1s in the signature, which Teaas “Jas.” Fisk, Jr. There is not one of the enaine letters which was ever signed that way. 1 the friendly letters were either signed “James” or bag some nickname, or on his card, not signed at Reronter—Who else saw these letters besides you and Mr. Gould? Mr. SHeARMAN—Mr. Ira Shafer, William A. Beach, Jobo D. Tutte and Juage Brady, Who will bear me @ut iw Abe Malement shar the letters purished in Dear Douy ERALD Sunday morn! were the letters fuaail the Towers in Jyuestion when have been or can be in existence, THE GRAND CENTRAL HOTEL AND THE LATE MR. FISK. To THE EDITOR OF THE HEBALD:— ‘The statement which appeared in the Sun of to- @ay and was copied tnto this evening's Telegram, as it relates to me as proprietor of tne Grand Ventral Hotel, is erroneous in every partucu’ar. 1 have not as yet made out nor presented my Dili against the | estate of the late James Fisk, Jr. Inan interview | held with a gentleman on last Friday, who called in behalf of Mrs, Fisk, to obtain | articles belonging to Mr. Fisk, the subject of my charge was casually mentioned. | asked the gentleman, whose name I didn’t know, whether be thonght $2,500 was not about right in view of the fact that Mr. Fisk’s friends had taken possession of the time he remained here, and all the private parlors of the first floor to @ large number of friends and were Dut orioance numerons fires built, meals | faraisn & considerable amount of money. paid at che ofce for carriages, medicines, &c. The gentieman Promised to call on the fullowing day, at ten o'clock, and talk over tne matter, but Ihave not seen him or any person representing the deceased pita T have Pee, Geveeiinat anon §ne Pom ut shall charge only that which is right anc 3 New York, Jan, 15, 1872, L, POWERS, THE THIRD AVENUE SAVIHGS BARK. The Twelfth Day of the Run—But Slight Abatement in the Attendance—Paying More Rapidly—Depositors Dissatisfied with the Statement—The Trustces Still Confident and Uncencerned, The prophecy that the run on the Third Avenue Savings Bank would abate so soon as the officers of the institution published a statement of assets and if lMabilities calculated to convince the people of the correctness of thelr oft-asserted declara- ton that 1% was solvent proves to have been erroneons, After repeated calls for this state- ment, the trustees, on the eleventh day of the run, generously bowed to public clamor, and gave a Partial statement, such as they made to the Bank Superintendent at Albany. This may satisfy Mr. Howell, but it has not the depositors, as 1t does not give the character of the securities ner the amount due depositors on accrued interest. They put forth a statement claiming a surplus of over one hundred and twelve thousand dollars; yet it 18 false in that, according to one of the trustes, the interest due depositors yesterday is about seventy-five thousand dollars, This, deducted from their alleged surpius, leaves the actual surplus but a little over thirty- seven thousand doliars. The neglect to put in this Item of interest as a Mability may have neen an oversight on the part of the gentlemen who pre- ared it; but it very materially reduces the amount eld by the bank in excess of Itabil ities, ‘That tt was a clerical error ts the most charitable construction that can be pnt upon it, as the trus: tecs coula scarcely hope to deceive the more intelll- gent depositors, ‘The oficial report, as published, was yesterday the theme of criticism by the depositors, very lew | of whom were satisfied with it. ‘The sentiment of | the majority seemed to be that there was something suspicions in tne fact that the report did not enter into detaus, ‘the run yesterday, however, was not so large as on Saturday by fully fiity persons. When the bank Opened a large number of those who had received tickets on Saturday night for early admisston fatied vo anply for their money, showing thar some, at least, were reassured of the ability of tne bank to Ineet its obligations. Indeed, some came in and made deposits, while a number called for their interest and consented to aliow the principal to re- inain, At twenty-five minutes after tea there were within the office 168 persons, and with- out 103, Fitteen of the 103 were subse- guenty admitted, making the total! admissions during the day 183. Of these 106 were pald in the five hours ending at three, or the payments avr- aged 211-5 per hour. This is a more rapid rate of payment than has been followed for many days. At (bree o’clock tickets were issued 10 seventy- seven persons on 106 books for evening payments. {| Notwithstanding that a sign was put out at twenty- five minutes to two P, M, that there were a8 many within the bank asa could be paid before three o'clock, about titty remained on the watch at the outer door until three o'clock. A large number yesierday drew their interest as well as principal. ‘The trustees still Insist that they can pay dollar for dollar if all the deposits are drawn out, and from the temper of the people it is very likely that they will have an opportunity to do so_ unless a more (e+ tatled report, that will be sauisfactory to the de- positors, appears soon and re-establishes tne confi- dence of the peopte. Une of the trustees yesterday asaured the HERALD reporter tuat one of the causes of the run was that persons | interested = ims another =~ bank = wanted — to break itso that they might by a special act. get pos- session of the charter and continue the business, ‘The fact that the bank is paying more rapidly would indicate that the trustees have plenty of tunds on hand. Yesterday about noon an old colored woman went to the deposttors’ wicket to put money in; but seeing the crowd withdrawing, changed her mind, and going outside, waited ali day for her turn to get in and draw ont what was due her. THE CROWD LAST NIGHT. There was a large increase at might over previous evenings. Besides the seventy-seven admitted by licket eighty were admitted, and eighty were still without at half-past seven, making the total at vhe bank at the evening session 270, The payments im the evening were slow, averaging fifieen per hour. Conse- quently, about 140 were supplied with tickets for the half-past nine A. M. admissions to-day, The “greenback heap.” as the depositors call 1*, was largetv angmente: before the night session, and the flepositor’s hopes rose in consequence very visibly. THE ECKER STREET SAVINGS BANK, An Unfounded Kumor—Statement of the ‘Treasurer. The numerous bank fallures which have recently occurred here and elsewhere have made depositors more than usually careful and alive to everything that might look like a “run” on a bank, Yesterday the bank for savings in Bleecker street, opposite Crosby, Was paying Its semt-annual dividend to de- positors, and a line of over five hundred of them— men and women—filled the steps and the sidewalk for several rods below, This fact probably led to the rumor which passed current 1n Bleecker street and in other /ocalities in the nelghbornood that one of the bank officials or employes had absconded on Saturday with $20,000 of the funds of the insutution. While 80 many savings banks are in ashaky con- dition and public confidence jn ail or most of them. 1s Somewhat Shaken, it will not do to allow even the merest rumor to pass unnoticed, Consequently @ HERALD reporter yesicrday called at the bank. Its | doors were jealously GUARDED BY A POLICEMAN, and admission was difiicuit, even tor a press man. Within the banking room, seated on forms all round the room, were persons of all ages and both sexes waiting to be pata. Many of them were taking out both principal and interest, and many more of them the interest merely. It coud not be.detinitely ascex- lained at the time of the reporter's visit how much had been paid out. ‘The tellers and clerks were busy } a8 bees, and depositors were paid at the rate of about two a minute, Stepping tothe Treasurer's ofice, the reporter saw Mr. James F. De Peyster and bis son, to whom he reported the streetramor and his business, | Mr. De Peyster most emphatically declared that there was not a particie of tratn in the report, that the bank is ag sound as a nut and that just such a run as they had to-day (yesterday) they will nave for at least ten days more, My dear sir, said the trea- surer, the trouble with us is the otler way. We have to reiuse deposits every day, and WE ACCEPT NO DEPOSIT | for more than $1,000, nor do we allow more than one deposit to one fame and person. We have, however, single deposits of more than $1,000, be- cause we have aliowed iterest to accumulate on such sums. And, furthermore, said we gentiem: it would be impossivle for any ‘or our employés to make away with $29, much less with $20,000. They have only the temporary handling of money and must render an account tor every day’s transac- ons. ReEPORTER—Can you furnish me, Mr. De Peyster, with wement of the financial condition of the bank? Mr. DE PgeysTER—We are making out such a statement In connection with our semi-annual re- port but ft could not give you any figures just now. Inacouple of weeks our statement will be ready, aa inust readily understand that when we ry ABOUT SEVENTY THOUSAND DIFFERENT ACCOUNTS It 18 No easy task to settle up the books of every one and render # statement immediately. RerorTER—I believe, sir, your bank is one of the Oldest in the city? Mr. De PEYSTER—Not only tn the city, sir, but In the State, or in the country. There bub two other banks in the United Siates as old as this, and they are small institutions compared with tis. This bank was established in 1819, and bas con. tinued on its course steady and sure ever since. Its increase canng the past year has been very large, but I can’t exacuy say how much, The HERALD may contradict most emphaticaly any rumor or statement from al ree whatsoever which charges this bank with ifebility to pay every dollar it owes at once. . ATTEMPTED BANK RoRBERY AT GREAT FAL13, N. H.—An unsuccesstui attempt was made Friday Hight to rob the vault of the Great Falls National Bank and the Savings Bank. Entrance to the bank- ing room Was effected by @ rear window. After cutting away the brick work until they came toa heavy granite wall, which was too hard for them, the robbers tried the doors. ‘Tie first opened by means of powerful jacks and wedges. before they had made any impression on the steel second dour the rogues evidently became alarmed, as they Hed, leaving ail them to's aud implements beblud. ‘ ey THE LEGAL TENDER QUESTION. - A Majority of the United States Supreme Court Affirm the Constitutionality of the Legal Tender Act. The Power of Congress to Compel the Creditor to. Receive Value for Contracts Made Before as Well as Since the War in Notes Instead of Coin—Dissenting Opinions of Chief Justice Chase and Justices Clifford and Field Wasninaroy, D. O., Jan, 15, 1872. Supreme Court, No, 10—DECEMBER TERM, 1870; Knox vs, Lee, and No, 11, Same Term, Parker va, Davis—Error to Circutt Court for Western distric#” of Texas, and Supreme Judicial Court of Massachu- setts,—After some remarks upon the importance of decision to be made, Mr. Justice Strong read the Opinion of the Court substantially as tollows:— The debta which have been contracted since Fel 1863, are by far vie grentest, portion of the indeteeaneee the sountry, 1aney oes contracted in vi w of the a. of gress declaring Treasury notes a tender, and, in r hhange” upon thats declaration: legal tender’ notes have ber come the universal measure of ues. If now of the Court establishes that these obligations charged only by gold coin, and that, the expectations of all parties to tender rendered | | to contracts, notes overnment has become an instrument of ith obi, justice: all debtors are loaded wit ry t and bankraptey may pect are too obvious to admit of question, and there is no weil founded distinction to be made between the constitu- bhonal validity of a act of Congress declaring tréagary notes a legal tender for the payment of debts contracted after its ry quen| passace and that of a act making them @ legal” tender for the diincharge | of all debts, as well those mecurred before as those made after its enactment. There may bea diiference in. the effects pro- duced by the acts and in the hardship of their operation, but in both cases the fundamental question, that which testa the validity of the legislation, is, Can Congress constitue ally give to “Treasury notes the character and quailities: money? Can mich notes be constituted legitimate cir. | entating um, having a defined legal value? If the: | then auch notes must be ‘available to fulfil all contracts, nok | ‘pied, solvablein money, without refer. }ence to the time when the ‘contracts were | made. Tt fs not, therefore, strange that those who hold the legal tender acts unconstitutional when applied to contracts made before February, 1862, find themselves led also to hold that the acta’ are invalid as to debts created after that time, and to huld that both classes of debts allke can be discharged only by gold and silver coin. A lengthy examination of the rules of constitutional construction is made, and the conclusion is that Congress has authority in all cases to it laws necessary and pore for the executiun of all ated by the constitution, and that the nec woken of is not absolute, but within the judgment and discretion of Con It is de di ereRs. that one of the duties of government to preserve itself, and held that this government is of all necessary powers to that end; and, after of the condition of the conntry at the date of the issue of legal tenders, the circumstances of the war and the means Teauired to maintain the army and navy, it {s said that if it were certain that nothing else would have supplied the abso. Inte necessities of the Treasury, that nothing else would have enabled the government to maintain its armies and navy, that nothing else would have saved the government an the titution from destruction, while the tender acts would, it cannot be ‘said that Congres transgressed its powers in the enactment of those laws, or it these enactments did work the result It cannot be maintained now that they were not tor a legitimate end, and appropri- adapted to thatend, In the language of all, ts p larsh: Hiogh va. Maryland, that they did work auch results cannot be doubted, and It it be conceded that means might have been chosen for the accomplish: ment of the same necessary object, the srgument is not weakened by the concession. — Congrest had the choice of means, and it chose a sufficient and propey ene. and that It had a right to do, and that was all ft coul have done. "If the Court were 'to hold that the means se: were beyond the constitutioual power of Congress be cause, in thelr opinion, some other means would have been tiy appropriate ‘and ellicient, that would be t¢ assnme legisiative power and dis rd the accepted rules for construing the constitution, But mean the view i# tuken that none of the other Suggested could have been successful, ‘The credit of the conntry had been tried to its utmost endurance. Every new iaene of notes which had nothing more to reat upoo thax government credit must have paralyzed ft more and more and rendered it increasingly difficult to keep the army in tht field or the navy atioat. [t 18 a historical fact that man: institutions ref used | for notes that were at first issued, an the head of the Treasury Department represented to Congres the meceasity ol making, the, new issue legal tenders, op be rather declared it impossible to avoid the necessity. grant to Cons sof the power to coin money cannot ining an implied prohibition against tht ¢ notes, and if it raises any implications piete power over the currency racher thas ‘on of legal ten tu are of con restraining. ‘The objection that the Legal Tender act impairs the oblign tions of contracts cunnot be accepted, for itis not an obliga tion of the debtor to pay gold or silver as to contracts, ba to pay, money generally not contracts to pay specifically definew money of the kind of money recognized by, law the time when the contract was made, nor is i to pay money of equal intrinsic’ value market. ‘The expectation of the creditor and the anticipa tion of the debtor may have been that the contract wonld be discharged by the payment of colned metals. But nelther the expectation of the one party to. the contract concerning ita fruits, nor the anticipations of the other constitutes ite obligation, The obligation of a contract to pay money is ta pay that which the law shall recognize ay money when the ayment 18 to made, It any: hing settled by decision it is # cannot be understood to be controverted. Nor can it be sal that Congress may not by its action fndirectly impair the obligations of contract, If by the expression. be. meant rendering them frniess or partially go. Directly it may, confessedly, by passing a bankrupt act embracing past ad well as future transactions, This is obilterating contracts ral So It may reileve parties from their ap nt oblir indirectly in a multitude of ways. All snch mew Sures may and must operate seriously upon existing con: tracts, and may not merely hinder, but relieve the parties entirely from performance ‘As to the objection that the Legal Tender acts were probib- ited by the constitutional provision probibiting the taking of rivate property for public use without just compensation, tis said that pFovision has always been understood to refer only to @ direct appropriation, and not to consequential in- Juries resulting from the exercise of tawful power. The ob- jection that the unit of money value muAt postes# intrinsic valne {8 regarded as foreign to the subject. The leual tender a It make 4 standard of val not vested upon the assertion t mission Is coinage oF any regulation of the val Nor is it asserted that Congrews has the po: mises to pay money shall in volue to the representut at their of mone: hat government pro- for the tle being, equivalent ive of value determined by tl coinage acts or to mu'tivles thereof. It 18 hardly correct ta apeakof astandard of valine. The constitution does not speak ot it and ‘contempates merely a standard for that which bas gravity or extension. Value ts ap ideal thin ‘The Comace act fixes tts unit asa dollar, but the gold or sil- ver thing called a dollar ts in no sense the standard of a dol- This decision tier 3 in ral lar, but a representative of it, much of what was decided tn Mepburn va. Griswold. 05 —as ruled the Legal Tender acts nnwarranted by thi stitution so far as they apply to contracts made before ti epactment. It fs said that it is no unprecedented thing in courts of last both in this country and in England, to overrule de- cision’ previously mada, and that, even fn’ cases involving private loterests, if this Court is ‘convinced it has made a mistake, it will hear another argument and correct the error. Tt 1s agreed this slfouli not be done inconsiderately; but in case of such far-reaching consequences an the present, tho- roughly convinced as the Court 18 that Congress has not transgressed its powers, It in regarded as a duty a0 to decide, and to alfirm the judgments below in both cases. It is also remarked that the Court is not accustomed to hear sich cases in the absence of a full Court if it can be avoided, Mr. Justice BRADLEY read a@ lengthy opinion, con- curring in the conclusions of Mr. Justice Strong. The Curer Justice and Justices Cuirrorp and FigLp—all the dissenting Justices, except Mr. Jus- tce NELSON, who was not present—read dissenting opinions, setting forth at great 1ength the minority’s views, with which tne country ts familiar, as nav- ing been the opinion of the Court in the former. decision of the legal tender question, In conclu- sion the Chief Justive says:— If, then, the plain sense of words, if the contemporaneous exposition of parties, if common consent in understanding, Sf the opinions of Courts avail anything in determmning the meaning of the constitution—it seems impossible to doubt that the power to coin mon power to establish # uniform standard of value, and that no other power to esta» lish such a standard is conferred upon Congress by the con- stitution. My brothers Clifford Field concur in these views, but in consideration of the importance of the prin- ciples’ involved they will deliver their separate opinions. My brother Nelson also dissents, No other opinions were delivered, and the Court sat until five o’clock for the reading of the five Opinions in these cases. The Chief Justice an- nounced that the Court would not sit to-morrow, but would be engaged in conference, The dissent ing opimions refer to the fact that the question on its former dec iston was so ably argued and decided with ag mature deliberation as any cause evor before the Court, by a full Court, the decision being cone curred in by five justices against three dissenting. The Court by law then consisted of eight Justices, and its decision 1s now overruled by five Justices ta four, the Court now being composed of nine Jus- ces, and ail those then upon the bench now retam- ing the views then expressed. ALLEGED HOMIOIDE- Coroner Keenan yesteraay afternoon received in- formation from Sergeant Long, of the Twelfth Precinct, that Hugh Wilson, thirty-one years of age ‘and born in Ireland, had died at 2,207 Third avenue,. from the effects of injuries received at the hands of Rovert McCormick during a fight between them at the above-named place on the 8th instant. De- ceased, who had three of nis ribs fractured, was ir the care of Dr. Shr: up to the time of his dente, ‘ind Wilson’s friends seemed to think tha Doctor shoald have given a certificate, but that ne deolined doing. The report failed to state whether or not McCormick nad been arrested. A NEGRO FROZEN TO DEATH. Yesterday morniag the dead body of a negro, named Charles Marble, was found lying in a vacand lovin the rear of River sirect, Pate.s®u, not far from the house in which Taylor aud Burroughs were murdered, Coroner Quin was summoned, and the Man was found to have veen frozen to death while intoxicated, having been on a spree since Saturday night. NO imquest was deemed necessary, He leaves a wife, but she seemed to grie sat the ; loss of her husband than she did of the dollar aad twenty cents ne nad in lis pocket when he scarie out from home