The New York Herald Newspaper, January 19, 1872, Page 11

oe: THE COUR1S. Interesting Proceedings in the New York and Brooklyn Courts. Alleged. Violation of the Internal Revenue Law— \ Zhe Workville Police Justiceship—Actian to: Becover on a Sale of Oil—The Dock Com. missioners’ Injunction — Decisions — The Burke-Garduer Case—Business im the General Sessions, UNITED STATES SUPREME CCURT. One of the Mormon Alleged Murderers. ‘Hesea Stout, Appeals te the Court on the Ground that the Grand Jury in Sait Lake Was tiegally Constinuted—Tho “Saint” Us- netting the Old View as to the Unised States’ Jurisdiction in the Territory. : WASHINGTON, Jan. 19, 1872, ‘No, 478. Hosea Stout vs. The People of the United Stasesm the Territory of Utah—Error to the Su- preme Court of the Territory of Utan,—Svout was arresied by the Marshal of the Territory in Uctober last, under the authority of @ Warrant issnéd trom the vistriet Court of the Third cistrict, purporting to be based upon an indictment iound vy a grand Jur. of the ‘territory, charging him with the crime of murder, commited im 185% ‘The Grand Jory by whom tne inaictment was found Was composes ol Lwenty-CWo Wed, selected by (he Marabal, in obedience to au open vouire, tssucd by order of the Court. Tuere was im sorce at tae time @ lawof the ferritory on the subject oi the sclec- ton of jururs, grand and petit, providing that sts shall be made out im the several counsies by boards of county olticers at stated perigis, and that the names of persons to constituie jury panels Sheli, us required, ve sclected from these lists by Jol. In the procurement of ine pane) by whic ts Houment Was tound It 18 charged that the provi- Blons Oo! this law Were intentionally disregardert, and the selection was made from te mbabitants oF the Territory a: the discretioa of the Marshal, ‘The accused Upon his arrest was advised that the pre were illegal and the taictinent and ‘Warrant invalid, and applied to the Supreme Court Of tne ‘Lerriuory tor a writ Ol Daveas corpus, and in ho appheation stated tac above facts, The Court reius. the. appitcauom, basing its refusal Upon the gronud shat the Grand Jury bad ven properiy consucuted under the act of Congress pro- ‘Viiing bat in the discretion of toe Court the yenire shall issue to the United States Marsal, and hold- ing thay the Jaw of the enrory prescripag & moue, and directing that the veire shall be issued by the clerk and to a ‘Territorial marsnal are not binding upon the disirict. courts of the Terruory. 1) is here contended thas by the organic act, Which 18, 1 faci, the constitation of te ‘Territory, the legislauve power of tbe Territory 18. extwRded to ue procuring of the panels of jurors by the following clause.—‘That the legstative power of said ‘Territory shall ex’end “to all rightml subjects of legislation consistent with the Constituliun Of he United states and the pro- Visions 01 tis act.” ‘The law Caled ip quested, 1 18 urged, 18 thergiere valid and binding upon the courts, lor It cannot be sail to be Inconsiste ub Wii Gunsittution or any ol Lhe provisions of the act, . d. Hillyer sor paint in error; Avtorney Gene- Tal Wilhams and Assistant Atlorney General iil for the goverument, Er- No, :54-—County of Pendloton, Ky., vs. Amy. ror to the Cireult Court for Kentacky.—The declara- ton mm this cause Was founded upon bonds and cou- pons tasued by the Court in payment of a suvscrip- tan to the capiral stock of the Covington and Lex- Ington Kailigad Compauy. A demurrer was inter- posed showing that Amy Was not the owner, hoider or bearer of the coupons; thai he was a citizen of Kentueky, and therefore could not maintain an ace tion against a county of tus State in the federal Court; that ‘hore was no authority conferred by law upon ibe Conniy Court of Peadietoa county to make the bonds and conpons nor ty subseribe tue stock for which they Were issued, and that certai officers of the Vourt were thereiore witaout authority to act, and that the whoie transaction was void. ‘The plea Wasoverruied, and Ue case comes here, Where tae same points are further argued, UNITED STATES COMMISSIONERS’ COUAT. Selling Unstamped Cluars. Before Commissioner Stnelds, The United States va. José Jumquard and Frank Nichola, —The aefendants, who are Spaniards, were arrested on a charge of selling unstamped cizars in Delancey strect, it is alleged against them that wney had large pockets im thew coats, speciaily made for we purpose, stuiled with cigars. They ‘Were-lield in 7500 Dui each for examiuation. SUPREME COURT—TRIAL TERR—PAST |, Ap Of Transaction of slightly Slippory Char acter. Bofore Judge Van Bronw ©. Hartsmith vs. E. P. Miltikin & Co.—This 1s an action brought to recover $6,096 96, with tpterest from the 6th of Feoruary, 1869, fof oil sold to the detendants jointly with W. H, Parsons, The ofl was suid, a8 claimed by the plamui, by Champers Broa,, a3 brokers, It 1s further claimed thata note or draft promised m payment was never given, and hence the bringing Of tne present suit, Bor une de- fence It Is Aliegeu that the sale Was not A joint saic, bus to farsons metreeiy, and niade by Cormoers Bros. a8 prinvipals. An mvestrgation was had m the matter im tie New York Produce Excpange and *| the deieudanuts were expelled from the board, The cage 18 still on. Riehard H. Huntley for ptaintif and Messra. Nye and Patterson ior defendants, SUPREME COUAT—TRIAL TERM—PART 2. The Yorkvitty roiice Jusvicoship. , Before Judge Brady. Murray vs. Contter.—The beginnmg of the end begins to show itself in this prolonged litigation. The defence having concluded, witnesses wero Calied yesterday on behalf of the plaintiff im re- butai, Jonn A. Kennedy, ex-Police Superintendent, testt- flea that Judge Coulter calted at Ponce Heacquar- ers On the morning Succeeding the charver election, neki December 7, 1s6v, and toaé they two had a con: versation rerurding (he vote sor Police Justice; he told Coutter he was beat, 2 Joseph P, Liuggins, proprietor of Lovejoy’s Hotet in 18u¥, testified that Mr. Coulter and several others came to the hotel ou the sim of December; that oir, Couiter entered a fierttions name on the rezister and | engaged a room: that after staying there awhue he asked for a room with @ grate fre i it, tae previous room being heated with steam; that the room was changed as desired, and inat the parity remainea in the latter room anout two nours, When they went away. John T. Abbott, clerk In Lovejoy’s Hotel at the tice, corroboraved Che testimony of Mr. Huggirs, A. V. Jeunison testified that It was good sleighing on December 5, 1869, and taat Central Park on this: day was filed with slemns, ‘ins was to rebut, Jolerentially, of Course, ine evidence of Van Brunt, clerk Of Judze Coulter, that ne was out riding all that day with ais wife, in a light buggy, lm the Parke SUPREME GOUsT—CHAMBERS, The Injunction Agniust the Dack Commise siovers. Before Judge Barrett. The Court was occupied nearly all day yesterday hearing the argument upon this matter, the full varuculars of which were published in yesterday’s Hsravp. Mr. Christopher Fine, representing Messrs, Wil Yams & Morrison, owners and occapants of the sip and bulkiwad between piers 34 and 35 Norn River, and Messrs, Black & Aten, occupying a3 & damping ground the sip between piers 38 and 30 ‘Nortn Rrver, made a lengthy and adic argument, occupying neariy three hours. His main point Wwere—First, that the distinction ‘between private and public wharves for bulkheads has always ex. waited; second, thas the corporation has no nghis to tho wharves or picts, &c, oF to the water in frons therovs, or the land under water, except such as 19 acauired under the “Dongan Charter of 1636” and tue “Mout. romery Charter of 173),? and under tu@ varius fiat ‘alt of Which pe cred, ronnie from 1091 bo the present charicr of iS]. [lis talrd pomt was that whutever rights Wwe corporation ever nad to tie ‘Wharlage property im question or vo the jand under ‘Water im frout thereot they Bad conveyer io the yastare of the plamtifs and those through Who hey traced title, reserving omy te right of pavite Bireets, a8 such, on tfie t4th day of Decewber, 1807, His Tenet port, tat Lire statutes Of 1798, 1801, 1803, 1906 dirt 1813 inemscives gave to tne platntits’ rena ol ant avsolute ownersiip fi tie prop- erty and ot the privileges in quest! ana diih, that the righis se established im the pants were Dot taken away by the citarter of 1670 and 187), ous aro expressly recognized and conirmed thee A lo «urged =«Jurerer that the pretence that the = platati’s business = cofistituted a nuisance is not estabifshed, aud that such propo. sition is @ questton of iaet, lo the trial oi watch the for i have the common law right of wial by , that whatever contro: may ve exercised over mite bUikieads, Wiatves and a, as wo tne tioning or moving of @ Da m sromt of bulkhead, besides such as (he privawe owners exercise, belongs exciosivély fo ine Cap. Of the Port of New York and tie Hartor aster, atid that the piaintiis even had sommes W riparian rights a4 owners ol the upland an and adjotiing the water, His concluding pomts were (hat the platnii’s oveupation of the wharves. nd pulkneads mm question and the privileges of ~ NEW YORK HERALD, FRIDAY, JANUARY 19, 18T2—TRIPLE SHBET. THE BANK THAT MAS NOT BROWER. | TIE LAWSUIT OF THE PERIOD, have aud, been enjored Chine ie a to alt other parties; and that cases proper jor the inverposiiton of ir. Joun i Pursong, eprest . Joly E, Parsons, representing Messrs. Stacom. & Cone Cg Vinge On bulkhead ad ol & slatioued, here tollowed i a like pio- longed and cogent argument for his clients, Me conter on the Dock Commissioners the power they clam to exercise over the propercy of these and carried to tue Uniled States Supreme Court and there decried in favor ot the plaintiits, whicn, the present case, He urged further that his clients were sought 10 be deprived of vested. mama ness Commissioner. Was & Subsidiuate deparuucut, and that che act creaung them gave them no power to Mr, A. R. —awrence, Jr, appearing for Messrs, Peok & Wardell, occupying the buikhead af the toot the Courtad,ourtied. He wilt fintsa his argument ts morning. atier whick he WHi be tollowed by Mr. Measvs. Heary H. Aucerson and Calvin, represent- ing the Doek Comimssiouers, The Court yesterday appointed Isaac T. Smith receiver of the Uentral Savings Bank on his filing $15,000 bonas. ‘pavensett the cases u the je and Mr, Coiee, owner claumed tat the ho authority to parties, He cited a suit brougot against the city bv Milwaukee he claimed, embodied precisely simiiar \eatures to the ordimauces Ob tue Corporation, tat destroy butidings: of Spring street, just entered on his arguinems waen Richard Gorman, Corporation Counsel, and Neeciver of the Central Saviugs Bank. SUPERIOR COURT—SPECIAL TEAM, Decisions. By Judge Barlow. Perey vs. Browne.—Motion to vacate order of arrest granted, ¥ Henrlerson vs, H1l!.—Motion denied. > Nbad Schanch vs, Romain.—Order granted, Rosse vs, Lhe Mutual Lue Insurance Company.— 2. Sisslemann vs. Lang. —Motion granted, CCUAT OF COMMON PLEAS—SHAMBERS. The Burke-fiardner Case—Motion to Ad Vance=Lawyers and Reporters, Before Judge Loew. Virginia ©. Burke, Executrix, &c., va Ira ©. Gardner et al., Impleaded,—This_ 1s the well-known Burke-Gardner case, which created such excites Ment in this city about two yeara ago, and came before tne Court on plamtif’s motion to advance the cause on the calendar, Mr. A, H. H. Dawson appeared on behalt of Mrs, Burke, who was not present herself in Gouri, and Mr. Andrews, of the firm of Beebe, Donohue & Cooke, appeared to oppose the motion, Un benait of the defendants Mr. Andrews claimed that che case was ane of persecution on the part of the plainutf, wo bad used every means Wivhin her power to oppress, annoy and harass the defend- ants, Mr. Dawson, for Mrs. Burke, contented that a more righteous suit had never been prosecuted, an delivered quite a lengthy address, in the cot which he recapituiated the already well known history of the case, showing how Mr Alexander had been possessed of something like $60,000 when he went to board in the detendant’s fully; his Subsequent sickness; how he was Kept tn his bed- room. to which even the servano girl employed in the Gardner family was denied access; Ms subse- quent death; the denial vy de.endait that he pos- seseed any property, apd the tracing by the plainciil of sums of $4,200, $1,200, $100 and various amount, of the aggregate, making together neariy Wuirteen thousand doilars, & Jarge portion of which 1s now securabie, pendente liié 1a the hands of the trust company. At tne ciose of Mr, Dawson's address Mr, Ane drews compilmouted the geallenan Upon his effort, and said he had no doubt that it would be found verbatim in the newspapers next morn Mr, Dawson said that 16 Was just possible that It Tight find its way lato print, but that if it did it Would be without any influence on his part, He Was quite certain that revorters were in all cases tho best judges o1 what interested the public, He never used any allempisto secure publication, either pe- cuaiary or other wise, but he would say to tie gen- Uleman represeiting the defence tnat ihe (Dawson) mace such addresses as he \Audrews) made he would recommend him to tee the reporters liberally not vo puolish thuem. (Hilarions laughter.) after some tur:her discussion the vourt took the pape reserving its decision; bu there is no doubt that the motion will be granied, as 1b is one solely witoin the judicial disereion, and certainty shoald be granted. Mrs. Burke, a stranger in the city and f_iting her way alone, and under embarrassing circumstances against numerous adversar.es, has ensied many treads in her own behalf, and the sooner the case comes to Ural the sooner tne de- fenuunts Will de rit of its annoyances if her case is hot Valid and good upon its merits, COURT OF COMMON PLEAS—SPECIAL TEAM. Decisions. By Judgo Loew, New York Life imsurance Company vs. Aiger.— See memoranda for counsel, Murphy vs. Carpenter.—Motion to continue in- Janction granted. By Judge Larremore. Stuyvesant vs. Uausel.—See memoranda for counsel, MARINE COURT—PART 3, Decisions. By Judge Joachimsen. Heim va Rodman, —Case resettied; on file in Clerk’s office. Snow vs. Jobes,—Judgmeat for plaintiff, $71 40 and costs, and $10 allowance, Doran vs, Mautx.—Judgment for defendant, with costs and $25 allowance. Kuraman vs. fottman.—Judgment for plaintiff for $154 86 and costs and 325 allowance. Whyvtal vs, Staw.—Judgmeut for plaintiff for $49 385, and for defendant ior costa. Kymer vs, Wilson. —Keierred vy consent. Remheiuer vs. Aarod.—Judyinens Jor platntif, by stipulation. COURT OPPGENERAL SESSIONS, Before Regorder Hackett. FOUND GUILTY AND REMANDED £01 SENTENCE. ‘The vriat o: William Marx, commenced on Tues- day, occupied the whole of yesterday, ana resulted in the conviction of the prisoner fur an assault ona littie gtvi named Louisa Mader. Assistant District attorney Suilivan during the progress of the wial offeret to prove that at the time Marx swore he was in Mich gan, in 1856, that he was at Sing Sing Prison serving out a verm for burglary, but Mr, Spencer objected, and as the prosecuting oMcer was bound by tie answer which the accused gave to his question, the Kecuruer, with characterisie moparttanty, sustained the onjecuon aud exetuded the prool. iter the jury had rendered a verdier of guilty Mr. pullivaa Staied Lnat he bad three wiinesses In court who posiuvety identitied Marx as the man who pleaved guilty to burglary im the General Sessions in April, 1856, and Who Was also Charged With arson, At Lie Tequest of counsel lac Recoruer remanded Marx lor seutence. BURGLARIES AND LARCENTES, Jown Kelly plewded guit.y to burgiary in the third degree, i entering tue premises of James Giliegan, on Che 2th of November, aud stealing $s9 worth of property. ‘Taree years i vhe Stale Prison was the sentence of te Court, . ‘Thomas Johns n pleaded guilty to an attempt at burmary im the iMvd degre, Wé charge being that on the goth ot ecumber ue removed the slide on the companion Way vi We Schooner While Kock and stow a& silver waren from James M,.Laiferty. Tae Recorder senteaced the prisoner to the State Prison for two years and 31% wonLas, ihzavetn favor, charged with stealing a fur capo and other MrLicies Vaiued Ab #185 Irom Josepniae Vatterson, on the dven of December, pleaded gulity, ant was seni to the Sing Sing Prison ior (wo years, Wilham Wilson pleaded guilty to grand larceny in steaing gas fixtures and clotning, Worty $100, on tne 1 01 November, trom Louts A. Grass. His Honor sent him to the State Prison for cighteca monins. jonn Stmson and John Vanderwater (youths) Pieaded guilty lo burglary m the thira degree, the allegation being lat on the oto inst. they attempted vo cnier the tea store of W. BM, sackelt & Co., 443 East Mousion street. Sunson was sent to the oo a aieg at Vanderwater tothe Juveuilc Asy- am, Lawrence Dorsay, jointly tnatcted with Jotm Dougherty, charged with stealing a box of goods from a car belongimg to the Central Hauson miver Railroad Company on the 2ita of Novemuver, wag Placed on trial, As the tesumony (wuich was Siightly clreomstantian Was the same against Dor- mumihe the Recorder rected tas jars to tendee 6 verdict or not ganty. are COURT CALENDASS—THIS DAY, UnsTED SPATES Disraicr Covrr—! SUPREMP vuhy Y Jucdgo Bar- ps lee ‘18, 9 Bt, 04) 09, Gh V2, 76, 77, 2, 100, cals, ~ SUPREME COURT—SPnCTAL TARM—Helt by Jadges Ingravam, Barnard and Latdoz0.—Nos, 69, 08, 10, Ty 7 8, 222, 227, 228, 229, 250, ieee’ ty sean van Boukiccneet ie ion, fart i—Hew Phe 2) 2u65, 2119) 2169, iain 1648, 1631, 1689 1989, 197% % Hie. z2ar 6. Part Potty oy 2405, 21d, 2874, 231%) i, 2657, 2008, ake wredy. to Monday, January 22, TEKM—Part 1—Held 2669, Judge Bra Adjourned aoe R prpedmnan, N08 $01, 90% 405, BO, Wt Li — * % o, 805, 2283, ‘197, 28. a oh xy 303, ye A causes! 401, 1403, 1409, 1411 415, 1421 Ts lira, Part Hela oy Judge’ we in oounr oP COMAUR. PLEAS—TRIAL TERM—Part 1—Heid oy 9 Larreinore—Stiort eg) ay 9 1160, 171%) ie ay Mae Tits 189%, 1891, issn tay 30 1118 O81 farss 2c, MAAIA ConRI-fRke TERY—Part 1—T1 eld tr Judge Spaalding.—Nos, 443, 1640, 8269, 6817, 7785, rer, 1 : rat, 7708 am, TOR, Tao: Wit, Pare s-Heid oy Jule dosohaue No B10, 8485, 800%, B00 ‘SUPREME COURT—CIRCHT. Damages for olcious Prosecution. Betore Judge Tappen, James T. Tapscott vs. John Clancy¥.—The plaimtit in this case, whien was reported in the MBRALD of yesterday, sued to recover ) for maheious prosecution. The defendant caused his arrest on the charge of stealing cows. ‘Phe jury rendered a Verdict mi jayor of plamcl for 9200, SUPREME COURT—SPECIAL TERI. Laying Sewers iu Unopened Streets. Betore Judge Pratt. In the Matter of the Application to Open Haltic street, from Nostrana to Rochester avenue,—Tho Water Board petitioned the Court to have Baltic and other streets opened ror the purpose of con- structing a sewer, The case came up yesterday, when couasel tor the opposition argued that wider the statute opening Of streets isa power vested jn the Common Counce! of the city, Who can only exer- cise it on petition of the property owners; but ander the eighth section of the act creating the Water Board 1t 18 provided thas if it 1s fouud by the Water Board to be necessary to construct a sewer through aa un- Openea street in order lo afford an outlet for other sewerage they may apply tu the Court ior an order to open the streets, sewers having been already constructed, the necessity or now constructing tneim cannot be alleged as a ground for opening the streets against the will of the property owners, and Mf it could be the facts m this case show that there is no need of the sewer in order to drain amy part ot the city. If, under the pretence of tne sewer being necessary for (nts portion of tae street itsell, they can opeu @ street then cn the same pretence they could open any street against the wishes of the property owners, and so practicaily take away the power Of street opening irom the Common Council and therepy renaer nugatory the provision of the law, Which requires the consemt of the property owners a3 a preliminary, Suit to ikecover Property. Saran Graham vs, Daniel H. McDonald and Others.—The plaintif brings suit to recover twenty lots of ground on Albany, Troy and Rochester ave- nues, the defendant McDonald holding the rever- sion of the premises and the other defendants having a lile estate thereof. ‘Tue property 18 a por- tion of that owned by Prince Grabam, a darkey, during his lifetime, and the platntiff claims to be his widow, tls firsc and only legal Wile. On the part of the aeience it 1s denied that plain- tift 1s the Widow. Prince Graliam was banished 1n 1819 for participating im a slave insurrection in South Carolina, and alter his return marned three ‘Wives, Ove Of Whom 1s sull Living. Case on. A Staten Island Gas Difficulty. Samuel Marsh, Jr., vs. The Board of Supervisors of Richmond County and Uthers,—This was an ap- Plication for an mjunction restraining the Board from granting vouchers for payment of a claim of the Rishmoad County Gas Company, The alloga- tion is that the contract for supplying the town of Midaleton with gas was obtained through fraud and extends over & longer period than the County Auditor had @ right to make it ‘the Auditors Wilk not audit the pill for 1870, and the Company have applied to the Supervisors. The Court granted @ temporary injunction and made it returbable on Saturday, the 27th inst., at ten o’clock A. M. BROOKLYN COURT CALENDAA Crry CounT.—Nos. 218, 177, 112, 244, 256, 259, 184, 175, 207, 22, BO, 27, 272, 273, 274, 275, 278, 280, 281, 283, 244,'285, 286, 237, 280, 290, 70, 294, 201, 292, THE CHARTER AND THE COURTS, Tho Recent Alarm About the Jurisdiction of the Court of Oyer aud Ferminer—What Judge Ingraham Has to Say About tA Recent Decision. The endeavor to raise a sensational alarm by a& contemporary as to the jurisdiction of the Court of Oyer and Terminer in the trial of criminal cases since the passage of the charter of 1370 18 fairly met and completely disposed of by the following decision of Juage Ingraham, in the case of ‘O’Kell vs, The Peopie,’’ given several days ago:— IN SUPREME COURT—GENRRAL TrRa.—IWilliem ORAl ee The P. & .—the pia@&tull in error was tried and con- vieted sn the Court of Oyer and ‘Terminer for iarceny of cer tain bonds and Jor receiving the same, knowing them to lave been stolen, He was convicted of the latter charge. ‘The firet objection fs to the sufliciency of the evidence given hy Imorie as to the bonds bougnt by bim being the same given n Oren by the prisoner. After disposing of this objection the Judge pro- ceeded to consider tne next point raised:— ‘The remaining objection is to the jurisdiction of the Oyer and Terminer, as organized during tie trial of the prisoner, the origidal charter ot New \ork the Mayor, Kecorder ana Aldermen were made Justices assigned of Over and Terminer, An act passed in W47, chapter 240, section 3% pro- vided that the Courts ot Oyer and Termimer of the county of New York anould be composed of a Justice of the Supreme Court and any two of the vudges of the Court of Common Piear, tne Mayor, ‘Aldermen, by the act entitied “An act further to amend the charter of the City,” passed April U1, °1+68, section 6, it.was pro- vided that bo Alderman should thereacter it or act as Judge Mrthecmart of and termi to the last cited act, passed June 14, indy, it was provided that thereatier Courts of Oser and Terminer in and for sxia city may be held by a Justice of the Supreme Court, and that all the and Juriaatetion appertaining by Jawto such Courts shall ve pow seswed and exercised by such Judge. In the act 10 umend the charter passed April 14, 1857, the same provisions we.e repeated, that no Alderman should sit OF act ag Juuige of the Oyer and Terminer, and that Courts of oyer and Terminer for the city aud county of New \ ore mula, held by a justice of the bupreme Court, (seo- tion 48) ‘Ail the acts above cited are by thefr titles repealed by the 1i0ta section of the act to reorguaize the iocal goverament of the city of New York, paswed April 5, 1470, except the act assed in 1847, The repeat of these statutes desiznating what Phae suottid hold the Over and ‘Ter: iner Mm New Lore is re- lied On in bebalt of the prisoner, as showing that the Court was Rot properly organized wi.en the prigoner was tried; and, therefore, that the conviction was illegal. It {9 clear ta the words of this repealing clause are fulliclent, If constru Iteraliy, to repeai tn» whole of those statutes. ‘But there are considerations connected with the subjects matter of the re ling act that wil justiiya diferent conclusion. It does not follow because the repeal 18 yenerai that the whole isto be repeated; whether an act professing to repeat interiere with the provisions of a former law is to operate ay a (otal, @ paridal, or temporary reveal is a question of construction, (Potter’s Dwarris on Statutes, 158.) The word repeat is to be used in & bmited sense and not to be taken as absolute, if it app on the face of the whole act to be noed inn ymited sense. (10 East, 558.) In this case the who ¢ se the act was to provide fur the iocal government of New York. Nothing was contamed in the act on the subject of the cours, nor providing for thelr or- ganization, There is nothing in the whole act which relates to any otber subject than the government of the city. ‘Tne construction of tals repealing ¢ muse Je that it was in- med to repeal eversthi to the government ef ficonsistent with or reint- ing he enty as there prevkted tor, ‘There {s anotuer view of thi lou which eeems to me to be enti.ed to much weight in ision. Statures shoul be fo construed as to give eifeot to every part; and where one interpretation of any part of i woud nudity another part, while a diferent one would give cifect to the whole, the latter should prevail. ‘This act which contains ' the re- ® local act; the repeating clause {is to afoot w Btate court organized under tucdon, and {8 not local If the repeni se affecting this Court of Oyer and Terminer it wonld have the effect of rendering nagniory the whois of the act which re- lates to local matters (see Feople vs, Mevann, 18 N. ¥., 61; Peopie ve. Supervisor 3.N. Y.,18 23), while if tie re- peat is jimited to the matters connected withthe wity yaverus ment the whole act can staud. Where such must be the @tfect I think the Court fa ful y justified in thus limiting the etfect of the repealing clauye. Such a construction shoud be followed, although ft seems to be contrary to the lever where it fy within the invention of the makers, (15 J. 820; Bowen, #9. ‘But it is contended that the constitution, which directs that a justice of tue Sapreme Court may preside In courte ot Oyer and Lerminer in any county, docs not probibit the Legisia- ture from ad ting ater judges to, that court, See section 7 of amended articic. Admitting that to be the proper con- straction of the word “preside” as there used, sthi lezisleti would be necesenty 19 provide sich other jndzes, (Pevp! ayor, &e., 25 Wend. #2.) ‘The only ground on wnich it imea'taat there are ollar jwiges who should sit in Uyer Terminer fs that the repeal of the various acts anthorz- he Court to be hed by the Jase of the supreme Courts revived tue provision of the Revived Statutes and the act of 1#f7, designated otner jwiges for thut pur- 08 ‘The answer to that fs, the act of 1847, as well as the the constr a8 = Jon of the Reviveu Statutes on tit sbyect, ating ges to hold the Court, were repea'ed long belore the statutes above referred to, and there fe now no | - ing for such Judyes in the court to ve revived, The seven- teenth section of the Code of Procedure, as pasead in 1648, fe ag follows:- ‘Ali statates now in force proviaing ior ihe designation of the times and places of ihe terms, of the 8 ‘ovrt, Cireult Courts and Conris of Oyer and Terminer, and cf the Judges who shall hold the same, « repealed from and alter the stdsy of Jniy, 144." ‘Th twenty-second section of the Code auihorizen the Governor the judges by whom ach courte should be held, ap x ‘There 18, theraore, no statute now in force which designates aay person to "ait Over and ‘Terminer, except the provision 01 mivshon and the Code designating, Supreme Court to preside thereia, ‘Phis seems to be con c.usive seaines the objection ralved to the 2 tion of the Conrt of Over and Terminer, at which the prisoner was tried, and without further legislation on the Subject the Court Woud not have beea proper.y orgwiized i there had been ang judge holding the Court other thane Justice of the Supreme Court, No error was committed on the trial, and the judgment should be aifirmed. A MAN KILLED ON THR HARLEM RATLROAD, Excitement in the Nelehbortoud. Shortly after ton o’cloek yesterday morning Mr. Richard White, a man seventy-five years of age and a native of Engiaud, was crushed by a down train of cats on the Harlem Railroad, at Moth street and Fours) avenue, and mstantly kiled, nis skull being crasaed and body Hortibly maitiated. ‘The remains were gathered up and removed to the Morgue, where Coroner Herrman Was notified to hold an in "Seerase, Who lived near the scene of tne occur- rence, attempted to cross the track, and as two trains were approaching from opposite ditcetions he became coniused, jn consequence of which ne was run aoya killed as st It 14 sald mat e Whi ir. Write was run over near the sae t two of three years ago and killed. Direcus alter t it un mnmense ol ‘het atid, in diseusmog the matter, red abont, 8 Intensely excite, muning tnrente again | funtoud compang. ouptain Behpety, oF thet einct police, ordered ont a toree ot police preserve order and neep the cleats ‘Town: THE MURBERER SULLIVAR. He is Declared Hopelessly Ynsanc—Governcr Heffman Bircets That He Be R:moved to the State Lunatic Asylum at Auburn— Bowume of the Murder, the Trial, the Coaviction and Sentence ofthe Unfortunate Man. Lawrence Sullivan, the murderer of John O'Brien, has at last been pronounced insane, and will to-day be removed from the Tombs, where he has been confined nearly two years, to the State Lunate Asylum, at Auburn, As the cireumstances connected with the case of this anfortunate man have from the first attracted. more than ordimary mterest, a reswié of them may not be uninteresting, On the 13th of June, 1870, Sullivan, who had for a long time been on very unfriendly terma with bia Wwe, returned to his home, No. 1 Whitehall street, and at once begaa abusing his iamily. His mother- 1o-law interfered in behalf of her daughter, and, Taking up @ large stick of wood, struck Sulivan several times on the head and breast, whereupon he began belabvoring the oid lady about the head and shoulders with an umbrella. Hearing the disturo- ance two or three of the neighbors ran to separate the combatants, and one of them—Jonn O'Connor— took hold of Sullivan and pulled nim out of the room, to the head of the stairs, where was standing John O'Brien, As the two came out O'BRIEN REMONSTRATRD WITH SULLIVAN for having beaten his mother-in-law. Words ensued, and some of the witnesses said O’Brien struck Suth- van and then went up staus, In a moment or iwo Sullivan ran up alter him, carrying in his band a iarge knife, Going into the room ue saw O'Brien siting ina chair, and approaching him, said, “4 will Kill you, you son of a Y stappuug OBrien turce Wned as he spoke. He then mado his escape, but was ur- rested curing the evening. Sultivan had always been known as & quarretsome and very mtemperate man. During tue examimation before the Corouer he pecoming enraged at a Mrs. Bucaley, one of the ‘Witnesses against him, seized hold of tne chadr uy which he hag been sitting and attempted to strike her with it. On the 20th of June be was committed to the Tombs by Coroner Schirmer, the jury having found that O’Brien came to lus death at his hands, From the first he was ugly and crapbed towards the keep- ers, and refused to talk freely with aay of them, On the 15th of December of the same year he was PLACED ON TRIAL in the Court of General Sessions, Recorder Hackett residing. During the progress of this trial the de- fence placed Mr. Samuel R. Wells, the phrenologist, on tne stand, for Lhe purpose of estabiisning the tact that the prisoner's head Was so poorly balauced that he was subjec: Lo the coutrol of his animat impulses to such an extent (oat his will would have no pow- er, and thai, theresore, he could not be reapoastnle for his action, dur, Wells said “he was an expert in regard to What caused lusanity, temporary or ower: wise, by tae delineation of the character or by tue Organization as a whole, From “the evidence ot the prisoner’ himself ti his own be- half, to which he had listened, he should regare him as an imbeciie rather than an insane man; I should say that a very slight prov- ocation woulda quite unbaiauce Lim, as he 1s but an uniorinately or ity developed person; he is A CHILD WITH A MAN'S BODY."? The Court exciuded Mr. Wells’ testimony. After an able charge by the Recorder the case was given to the jury, Who, Without leaving their seats and without @ Mument’s hesitation, returned @ verdict 1 “guilty Of murder tw the first degree, as charged in the indictmeut.”” ‘This was the first instance in the memory of Mr. Vaudevoort, ine veneranle Ulerk. of tne Court, where a jury rendered a veraict in & capital case without retirmg to Laem room, When asked Waat he had to say way judgment of death should not pe pronounced against niin, Suilivan responded as foliows:—“I nave everrthing tosay. Idemand @ trial right on the spot in ine Court of Oyer aug Terminer, i dont want to take any advaniage of the law in the world, | did not Want to do anything to O’Brien conirary to what L would do tv any man here. Ldid not owe pim any spite, O’Brien knocked me down aud struck me two strokes on the cheea. If 1 can be tound guiuty ol murder in ine tirst degree, then there is no law in the United states.” THE SENTENCE, Recorder HACKETr, In passing sentence, said:— “Sullivan, @ Inore wauton aad oratal murder has never passed uuder my observation ater thirty ears’ experience in matters of this kind. You nave een most righteously convicted. Lhe closing duty Of th.s Court 16 to direct that you shat be taken hence to the City Prison, -from whence you came, and on the 20th of January (friday), between the hours of ten and two, you ve hanged by the neck until you are dead.?” From the ume this sentence was passed upon him Sullivan scemed 1 become insane, When taken back to the prisom Ne steadfastiy refused to touch lood, and was at times quite ugly and even violent. He would not speak a word to a soul save m3 mother and wife, both of Whom came trequently to see him. At owe ume so violent Was Dis couduct that it Was found necessary to remove bum lo one ol tue padded ceils, lest ne should BRAT HIS BRAINS OUT against the stone wali of his own. After a while, however, le became more quiet and no longer re- lused to eat the jood given bin, although ae suit relused Wo speak Lo OF even not.ce ABy oi the prison Hclais oF Nis brother prisoners. Shoriy belore we arrival of tae day for lis execution lls counsel ob- tained a stay of proceedings in his case, Afier con- siderabie delay application was mate to the Uove ernor for te appointment of a COMMISSION DE LUNATICO INQUIRENDO, and alter still greater devay tmis request was com- phed with, add Drs, Mosher, Brewn and White were the three medical experts selected, ‘Thesa gentiemen in December Jast visited the untorimaate man, but, like most otners, were unable to induce him to speak. After a thorough exammevon, during which wey obtainea whatever Information ‘ney could irom the prison ofilctals, partucuiarly those who had been thrown im close coutact wilt hum, Wey made a report to the Governor declaring 1t to be their opinion that the prisoner was hope- lessly lusane. In accordance With ins report Goy- ernor Hoffman tast Wettnesiay issued an order for ‘the removal of Swlivan to the State Lunatic Asylum at Auburn, Sherif Brennan received tue order the aliernoon of the day upon which If was bsued, and ‘Wilt (his MOrMiNg see Liat its provisions ave carried Into efiect. §T, MARY'S HOSPITAL, BROOKLYN, This excellent mstttution, which is situated in Dean street, hag worked admirably In the cause of charity since 1s organization. Last year there were 193 outdoor patients treated there, and there are now seventeen females under medical care re- mainmg. A lytg-in departinent 1s being ntved out tor ue use of those Who may require the shelter aud charity which te accords to homeless women. ie feilowing named ladies have deem Chosen oficets of the mstitution for tre year 19;2:— Directresses—Ftrst, Mrs. B. L. Lowe; second, Mra H. D. Osiermoor; wird, Mra, Meline; ‘Treasurer, Sister Emilians, assisted by Sisters Mary Mark, Aun Frances, Anastasia and Mary Krben; Mr. Daniel Byrne, Secretary, and Mra. J. ©. Berbard, Record- ing secretary. the managers are Mrs. William Dermoth, Mrs. John Co:iins, Mrs. HD, Ostermoor, Mrs. MH. La- marche, Mra. Dr. Byrne, Mrs. C. 8. Bryee, Mrs, Jona Coney, Mrs Judge Pratt, Mra, M, Hennessey, Mrs. Wittam MeLaugiiin, Mrs. Hooley, Mra Thonras Kinsetia, Mrs. ktward Freel, Mra. EB. Lewis Lowe, Mrs. Mieves, Sips. James Meiline, Mra. Walter Lock- wood, Mis. Pinckney, Mrs, Charies Higgins, Mrs. Gencral Newton, Mrs, Caieman, Mrs. Daniel Byrne, Mrs. J, 5. Bernard, Miss bush. Subscripttoas to the amount of $576 were received during tne past year, and a balance of $495 yet re- mains Lo the credit of the hospital A commuteo has een empowered to memorialize the Legislacure for assistance, witch cannut justly ve Gemted so nobie and praiseworthy an msuiniion.— ‘The Boston Herald gives the followlug statement of @ pugilistic encounter twat took place down East quite recently :— The quiet town of Topsfield has had a sensation in the saape 0 @ ood square prize fight. minus tue ¢, and the community 18 whch scandalized thereat, ‘the principais, bra Gooawin aud Caries Baxter, had @ feud which dated back over \wo yeara, at which time Goodwin, who 8 a pany leliow, Baxter, who ts @ lighter weigat, severe b ‘he latier bas been gursing fr Wrongs, determined to avenge trem, aud nas jareiy been undergoing @ process of tratoing and instrac- tion. Last Thursday he sent a chalienge to Good- Wii, and the two In @ retived feld_near tne depot, prepared for the fray. Tae fight, wach was ‘Witne-sed by quite a number of persons, jasced twenty-two minutes, and the result was that Good+ wiu Was most severely and effectually pumisned by his Nght bat well-trained antagonist. Goodwin was obiiged to throw up the sponge; the two then shook hands aad the feud was ended. NAvIGATION oF Love Is1.anp SouND,—Tho Green- port (. 1) Walcrman caus aitention to the fact that veszels of heavy tonnage and deep Granght have at times ten the Sound passage to New York, notwithstanding tne hazards ot Heli Gate, and Q8Ks ow Will It be When Iho ovstructions there Temoved and the danger no longer existe? In co} templation of the sarge foreign commerce that would take (he shorter rowte by the , and to facuitate it, the Walchman sugmest® that besides tne work of (be Lighthouse Board, Whien has been m the main judicious and reasopaviy com- preheasive, a dystem of harbors at conve- Ment distances—in additon to the few wiuch naturally, exist such a8 New London, Black Rock, New Haven avd Bridge; be formed as refugees ior the use Of vessels during storms or head winds, For the that Congress stiould ke further appropriations for improving the jefferson arbors, Riot of Prue at ma 9:09 an expetag tater rhe subject aly ove of importance. and should Ne duly |. son in Rondout, #ud bas kept house for hem ior the | crpaily beew laboring | han "oi teraperate habita, thouzh using tobacco, | count of @ /eion on One of na fingers; but once in | his lve took a dose Of salts; never nes had tie tooth - ‘The Rue Incrensing, but the People Leas Ex cited— there tlapid Paymente—A Manuface tory ef Vederal Currency Vrawe Upom— The President Mopes ta End the Rasrem Saturday and Have Cash te Lean to the Deserving Poor, ‘The excitement among the creditors of the Third Avenue Savings Cank does not seein to abace in the Jeast, so far as numbers are concerned. Imaced, there i an mcrease, At ten o'clock yesterday merm- Ing there were withtn its walls 114 persons who had entered upon tickets issued the previous evening, aud 160 lined the watks without, wait- ing for the huge -doors to swing inward and admit them to @ nearer view of the cords of green- backs that enthusiasts had located witnin the prick walls, Ten o'clock—the hour for which scores had long yearned—was indicated upon the dial by the regulator, when there was @ creaking of rusty hinges, a movement of tie vor, simultaneous With the appearance of several policemen, and President Lyon, who acted asa guard. There was at once great relief depicted upon every counte- nance, and the excited mass of humanity swayed to and fro in vain endeavors for aanuasion, Flualiy twenty-one reached the goal within and the doors Were siutin the iaces of 139 men, Women @nd chil dren, Many turned away in disgust, wiile otiers, with mutierings of diyapproval aud lear, hugged We stone piiars and irén railings so tighuy that ine frost Was loveed Lo Vacate in thelr favor. Payment commenced at ten and continued without interrnp- tow during the five hours of the day. Ab eleven o'clock Le porier posted up the sign—" Phere are ag many inside tae DANK a3 can be pald beiore three o'clock,” &c. The crowd looked ar the sigh, then peered through the windows, and ove by one they Tet out of ime and with fear and morttivahon slowly walked away. Some there were, brave Wo- men und men, Wuo detied the cold, who could not uccept the logic Of the sign and cing tenaciously To their places until the doors were closed ab tured. A careful count gives the following a3 9 very accurate slatement of the business or yesterday:— Outside at ton A.M... 180 Tuside (aamited on “iiokéts na ‘Total present at ten A. M. (alight increase cry Admitted on teket: ut Paid of the avove, al 20 Unpaid. Adinitted Tickets issued for this morning... Bis icsharsoae) OB ‘There were in the hands of the seventy-foar per. sous paid about twelve extra books, making total hoeks paid avout lo In the custody of ity-five to whom tickets were issued tuere were twenty-two exira books, witch swell the payments set for to-day to seventy-seven, A coanuryman, Who holds ticket tiurty-tour, ana who will be paid aboutone o’ciock to-day, will draw on ten or twelve books. When the tellers had ceased paying for the day Mr. Dis. Sveuser, 01 be bank, monuted & chai wad addressed the nity-flve within. “You will eaca receive, a3 you pass the paying teller, a ticket numbered, They Wil be numbere in the order in wiich you now stand in ile, Lhese tickets you Will present at the site door between nine and hail-past nine and ten in the mornings you present tem alter ten vciork, Wien the dvors are opeued, they will be useless and holders of them wiil nave to take their places: in the line without. If any of you are so unfortu- nate as to hold high nuovers that cannot ve reached to-morrow, We Shall be mighiy gratetul dud Mattercd to see your genial iaces at any fnture time, espectally i accompanied by large rolis ol greesbacks, whicit Will be carefully handed by our dispenser of the Toot Of ait evil to the timid ones who Want to draw out, Atthe conciusion of Mr. Spenser's speect te depositors gave him three cheers and @ hip, hip, hurran, and quietly fled outmto the street. The people who besieged tie bank yesterday appear to be less excited, bat the numper 19 oO the Inorease daily. Many of them, however, are persund Wao have already drawa the principal aud now seek the possession of their in- terest, AU three o'viock Messrs, Lyon aud Green arriv.d from down town with nearly a vustel of greeoback Mrency, and they declare that their “4actory” has Bot yal Leen taxed ta ils UlnEst pacity to supply the demand, Mr, Lyon expresses the belie: that the run will end wiil this week, Wien he promised to loan money ont of his own pocket to poor depositors with whien to open ac- conuts As there are over ten thousand depositors sull Unpaid, and as tne Legisiaiure has calied for a critical exammation of the tastitucon, Mr. Lyon's expectations may not be realized quite 20 soon as he anticipates, DEPARTMENT OF DOCKS, Weekly Miecoting of the Board—The Finance Revor:—Cemptrotler Green Benounced, At the reguiar weekly meeting of the Board of Docks, held yesterday, repairs were ordered on the buikhead between plers 19 and 20 North iver and on the platform and piers 34, 35, 36 aud 37 North River, Piers 21 and 33 Nortn River not to exceed $100 each. Tne lessees of pier No. 4 were ined $50 each day for obstructing the pier, The Auditing Committee reported as follows:— Balance December 3). $48,211 93 Rent received - 27005 Interest on dep: 387 40 Received trom 200,000 $27.,023 98 ‘ssid OL Checks arawneee bu,04 64 ‘To City Chawberiain 2 BOT 14 107,081 79 188,442 17 ACTION OF THE, COMPTROLLER, Mr. Woon wished to cail up the resolution anthor- Iatug the Comptrotier to negotiate for tue isauin: of bonds LO tue Department of Docks to the exteu' of $1,000,000, My. AGNEW sald that Mr. Green was not in the city. Mt. HENRyY— We are and are attending to our pusi- ness, ‘the resolution was cailed up for consideration, Speecnes were mare by Commissioners Wood, Henry and Agnew condemumg the action of the Comptrotler, and staimg that the Dock Commission was organized at the express wish of the merchants of the city, and thatit the work of the Commisstom was stopped fur want of funds the publie ought to Know where the responsibility resied, ‘The reso.ntion as to le bends Was reaflraed, EUPPOSED POISONING. On Tuesday morning last Mr. Samuet Hutchings, nearly Afty years of age, @ native of this city, and & relative of Surrogate Hutchings, was found, corner of Thirtieth street and Broadway, by an officer of the Lwenty-ninth precint, quite 1 and unavle to tuke care of himself, Mr. Hutchings was immedi aiay taken to Believue Hosptin and placed onaer Lhe care of Surgeon MChebie, Lo Whom he presented many of the symploms of opium puisoumg. Mr Hutemngs faied gradually, and died three hours alter admission. yr. McBride sab sequently made & posbmoriem exawinauon (twenty-four ours alfer deuti) and — tound the orgaus in @ healiny condition, In the Doetor’s oploion death was caused by opin Wooster be.ch, M. D., however, difers wish his professional byuther in regard to the poisoniag, and has serious doubts avout death resulting jrom porson. Mr, Wutchings radi long been a man ot very Tnvemperate hadits—s0 MUCA $0 ad to InCapactlate him from business, and it is possible an excess of dmna may have been Wie principal. cause of death, Coroner Keenan will make # farther invesugatlom of the matier, [From the Hudson (N. Y.) Star, Jan. 14,7 Thomas Ftzgerald, now hying with Dis son at Rhinecitff, in the sown of Riwebeck, was born in the county of Watertord, fretand, m 1764, anc is consequently now 165 years of age, he came to thn country in 1361, aud bas beea married twice; by his rst wife he bad five daughters; twe are mar ned am living in Irejand, and ine other ibree are dead, His secood wile ls new residing wath her Jast three year ms wife bewg dead, She is now 100 years old. has ‘the ol man’s occupat , boring and Gabing. te has been been @ never out once called @ doctor, and that on ac- ache, HOU EN He 1 How fast losing teett. tins hear. jog 3 very much impat vhough he still retains jus memory. tus eyesight is good, aad he can thread @ needle at arm’s leugth; can strop a racor and sti himeeil; can dress and undress. Three years ago, While living tn Rondout, he cut six cords Of Wood Larough the year, afd during the past year has cut Up one cord into about fourteen inches, not that vais is compaisory; he is also fond of sewing ani patching, thoogh not required, He has two son4 in Us country, one in Roncdout and the other at Nfinecit® He tas at present fiving around Mat tweive ndeniiren agd seven great grandouil- dren. It is supposed that te nas sume great-great Brandchildreu, witaough ue las lust cousideravle track of (nei, His son fhomas, with whom he resides, by his Fecond wite, When only sixteen stood sponser to Ms id @ldést step-maters’ second child, The oid Man has received Ins breaklast in bed for the last twenty-one years, and won't get up untii he has foished ms breakfast. At the ar ee crtie aoe beiuon, 1m 1793, ue Was @ man oO WO He 1s unquestionably one of the oldest, i pot the Olaest man in America. ROBBERY IN BAXTER STREET, Last Tuesday night bridget Driscoll, of 42 Baxter street, was robbed of a quantity of under lueo of the value of $160, one aik aress of the value of $86, 0 shaw! of the vaine of & mui and victoring orthe vaiue of $20:and. two silver warenes valued at $100—jn all, $s40 Worth of property. She could | wit come over cused by elther o€ un other men; I house ; he came in the fall ot 12864 of 108; bonte maproper fi Tieeame a witow} + be nt to. break up howsekeoping with me{ hesald be woud x up a room for ber; be wanted me to peranaie her not to take an; ehe liad always worked hard, and Chat it would ow) Ume before ] guid ft wae a nice rag; be said iy ought to be, It cot #1 he then asked me i L noticed what fingel said yer, on the engayement Onger; he sald wo are to be 2, Mr. James ® get no clue as'10 who the thieves were until yester- q iriead of hers miormed ber that wipeae sthotpe i. and Witham Wintaker +4 u hey had taken the things 40 (Wo gentiemen arrested and Me romeo Pons cours, where Jago ‘Hogan iovked (new up ww deiaule of alle exist, troduced to-morrow Will be of the moat ye A Widow of Forty-eight Sues an OM Man for Breach of Promise. A Proposal and Its Acceptance While the De fendant's Wife is Living—He Jilts the Plaintiff After His Wife Dies and Weds Another—The Trial at Kingston, N, Y.—Firat Day’s Proceedings. Kisasron, N. Y., Jan, 16, 1572. The peculiar features iu the famous case of Bare deil vs. Pickwick,” as recorded m Dickens, vol. Ly Pp. 101, of which courts, jurors aud the many thousand lateliigent readers of the HERALD are, dowbtiess, familar, found its equal, If not its superior In many respects, this Morning in the case of QUIMBY VS. JAMES, which was called up for adjudication at.the session of the Supreme Court of the Siate of New Yori, now being heid at Kingston, Judge Ingalis presiding, The case, & most remarkable one, has Kept the ‘gociety” people of Kingston, Saugerties, and, in lact, the ite of the whole county of Ulster, on the qui vive for several months past, The higa social and religious standing of both the plamnuit and the defendant, their reputed wealth and influence in the comunity in which they reside, the scandalous disclosures inade upon the triai, and, above all, the ancientness of THE LOVERS and the strange circumstances surroondmng the case, make it one of unusual interest. : So great has beeu the excitement and feeling In the community taat at an early hour thls morning the court room was filled to its utmost capacity— the bar, atsies, and in fact every inch of standing room being taken. A large portion of the audience Was of the tair sex from Poughkeepsie, Saugerties and Kingston, wito, dressed in their rich toilets and bright costumes, presented A PERPECT GALAXY OP BEAUTY. After the empanelling of the jury the couneel for the plain laid belvre them in eloquent terms his chenv’s grievances, aileging that we defendant, Janes James, of the town of Saugerties, did on or avout Lie mouth of June, 1863, and since then and prior thereto, enter tuto an agreement of marriage With tue plaintia’, Rachel Aun Quimby, also a resi- acat of Saugerties; that in the month of July, 1868, he gradually grew DARK AND MYSTERIOUS, soon trealed her with coldness and ineiterence, and at last refused to make good his mayriage con- that he has since married oue Mrs, Margaret Smallhorn, to the damage of the character, feeling and affections of the said plaluud to We amount ef $5,000, ‘The first witness ¢alled in benalf ef the prosecu- tion was the piaintit, Mrs, Ruchel Aon Quimby, a Whiow lady of avout fifty years of age, although looking to be Many years younger, She wore @ Diack sik dress, Velvet cloak und tasty bonnet, ores seuling a very “ecnercad uppearance aad stil revatte lug traces of baying been &@ most remarkably bead. Utul woman, due gave her testimony ia a clear, Nucnt manner; bat upon her cruss+exammation, Winch Was & searching and severe one, sae became very cmouonal aid ut Uuies wept bitteriy, Site teste Ned as ivliows;— I live at Sanyertios; was forty-elght years of aga last July; T was nar Kdwards ia the year 1849; my hue band «fed tu in 18.81 married Juha Quimby; he died in tho spring of 1865, whiie away (rom home; the defendants first wie Was Pocbe idwarus, & sister of Ty lirst husband; Jee; abe had been insane for ue died from usauity 5 A FEW DAYS AFTER 118 WIFE'S DRATH of her death; be said that she had been {n- live or six yeurs, aud that sue hav beeu dead to him and talked on for a ton @ told me thet be had alwaya thought « arent de. ai Wanted me to marry um; 1 gave bio ty understand 1 would do go; at another time he wanted to know if} weuld marry him secretly, aud, for « time, the allan quiets told bin no, Le wowd kave to wait a suite ble tine, as his chikiren weati be angry; he enki be had becn the mune as a widuwer for years and would rather be married now; at auotier tine L was keeping « boarding hotaw, wid be Wold me wOLto take any move boarders or he Would be ofented, and tat we would soon be nurried; at ete when be called at my uous Le was quive ex and sald, *tuchel, Kachell it appears that you have ss put don’t worry about it. t wil atiek ov yous” time he calles and waid iis daughter M had made Brow avout our marriage, aud be anti il she did nos stop be would Ket @ close carriage and we would be marned abonee; at another Lime he calied and brought me aning; It was «plain gold ring anu bad the price tleket still maxed upon fl; It was marked $10; L lol him a cheaper one would have auswered tue sate purpose ; he said be thought 1 was worth 10; [ asked on what Unger an enga, 9 ring should be worn; he said on tue foreiinger, and 1 must it there; mt anothe? time ne called and sald his ehildron were dppose t» bis marriage with m0; T awked bi he was yolng to be lniuouced by bw children; —that i he iived be woud Hits his engages jhe left of coming to wee the later part of Jiuty, 1468; passed by bis house afterwards and met him; h j asked him why hp bad not been over to sec ms and what T had done; he said, “f have nothing against you, Kec it 1s all my chtidren; [ want to hare @ louy talk with you and ight" Twatteu and watcher for fim, bie he did not come; be has ver been to seo me wt 5 belie some older than Lam; Mr. James bas sce married Martin Bmaliborn; they were married ia the snimuver of 149, Cros-exaiminatiun—My weoond husband died in 1965; hte name was Joun Quimby; L had ove child by kim, » ntile boy, who died tu the spring of (863; 1 have tures daughters be my Newt husband; my youngest daughter is twenty year of ages TAM A GRANDMOTHER; Tive with my oldest daughter; ft was only a few daye ve dewih of Mra, James that the vefendant made me ise Of marriage; three or four weeks after he made pnd proposition of marriage; every \ime he came to ace me be would pay, “E will be glad when tue tme comes for us to be married,” he gave me the riag after the second promive; 1 have never stated to any one that 1 was ENGAGED BEPORE Hie WIFR's DEATH; I know Mr. Witham ‘Torre know Mr. Hopkins; I never them that that Sir, James had usked me Ww remain single and. to wait Lor his Pe the» long, told me so two years prior told him ft was wicked for lived with my second husband je Was w very vissival marry to his him to talk a about seven years; iT separate from him; be went away I home for. work ‘wand avout frem 8 to pli 31 hear Cataciil; he left home in tie spring of M64 and died In spring of dit not attend lis funeral; F did not hear pin death ti) he ced the Voor House in Greene couaty; at a general ¢ lived happily together; We never would have had any quar- Fein Lf it ha not been for his drinking; Ebay BERN DOWN ON NY ARES amor begged of him to give up ; he did not pro see ne at all; 1 was Olinda to Sapyors bimay I fox: Rished even bis clothes; I have not veen pregnant since the death of my hosband; L hare not bad a miscarrivce; { knew Mr, Wiliam Hanna; he is now dead , be ‘as my brother-in-law; hia bret wife was my husband's sister; Mr. Manoa ha alwaye been in the ‘of calling at my house; he hardiy ever cailed in the eveni he cailea geveraily in tire day time; bave no recollection of calling a my house after ten o'clock at night; I have: tak rhien with and bis wile; once I went riding with him alone, but it was at hie wie’s request; I have never been ace iv ‘Ot improper with Know John Stinson weil; he board: d stayed till the anmmer ; Mr, Hanus never came cut of my room with him ‘Off at'two oF three oetock In the morning; L never had Intercourse with any one either before or ance TMAVE BERN THROVGN TEMPTATION , but have always remained a virtuous woman; [dil'mako Mr, James a present of @ pocket handkerchief wh:le hia wile was he had made presenta to my childrea; there wos seid about his xiving me the ring tn retuen for the jLvisited Mr. James! house oceasionaiiy; im ouse there {' acaal cus through the rocks; re and the cut ia deep; L never maid that 18 womnd be » good thing it Mrs. James would jump off Tucks; 1 did vay that if they did ‘not taxe caro she would JUMP OFF THE ROCKS, the same as b er did; I know drs. Pardon! Ponghkeepsle is arelative of mine; 1 never told that F wae enguged (o Mr. James bafore his wife's death did tell her that Mr. James bad told me that he had sean e doctor, ana tue doctor had tout bim that VHEBE COULD SOT LIVE LONG, and that he wisbed me to reuraln stagle aud to walt for brm 5 1 kaow Jun Myers; he has cxi‘ed upon me nccasionaliy at my home; L have been out rowing with him on the ereelt wite anuther lady; 1 never weat with bim sloue; thave ‘been of OUT BERRY PICKING with bim, but not alone; I w: James’ honse; | never was as Charies W. Styles, son-in-law of the plaintit, was nest called 10 the stand, und tostined ma fotl { pomnde im ther Tillage of Sangection; my business is chiet engineer of w Atearo! p rin-law of plaluthf ; aa acualuted with gonversations with btm i reta- 2 22 jay, ‘ re te wo Uy and aud come ant tee more boarders; he sald be asbort would be married; 1 told bim [ would pos hie to the mate! t amother thne be id, “Did you # reat gave your the avked me what I thought of t; Levas not fav Feng wor ton; t My, motherin-inw_ was sninod about con. Ke i) for wee company wil m after the dra:b of bis wiles ne as the Hoo. Wiliam Russell, The next wirness eaited Saugerties, who testitted to the reputed wealth of the defend- ant, and swore thal he was tne owner of @ very iarge prope erty. The prosecution then called the plaintia’s d ter, MPa ADA Styles, wife of Charies W. Sty! witness already sWorm, She testifed suvatat , the same as elicited, \ fy Qourt Was aajourned tll to-morrow, when ine de! fence will open their case, that No coniract of marriage was ever eutel second, that if auch a c nf made ‘was while the defendant's wile was sttil laving, and heace nai and vote plainudl is a Womau of her husband. No new facts wel The platati? here rested her case, and daey Will atract ever Was They Will algo claim that the UNCHASTBR AND IMMORAL, character, which waa unknown to the defendant at’ the time ihe alleged contr ‘act Was Mad and upon bis learning these (acts he Was justified in broakr olf such engazement, if the We i# expected engagement really di that the testimony to be