The New York Herald Newspaper, February 27, 1872, Page 5

MAYOR HALL, Opening Proccedings in the Trial of Mayor Hall for Alleged Neglect of Official Duty. THE PUBLIC EXCITEMENT Great Array of Counsel on Both Sides. Only Three Jurors Obtained Up to the Time of Adjournment. Bigid Examination of an Editor as to His Claims Against the City and as a Sinecurist. The Trial To Bo Resymed This Morning. ‘The trial of the Chief Magistrate of the Empire Olty of the Empire Stare of the Unton, which was e@ommenced yesterday before Chief Justice Charles P. Daly, of the Common Pleas, promises to be the eause célébre of the day. Few sensational dramas fm real life pass away from public view without wach stage effect and consequent notoriety as 18 ware to be added by a representation of all the lead- ‘ng points in the law courts of our clily, These have all more or less their tragical and their comical @elmeations and characteristics from the rising of te curtain in the first act to the aénouement. Is t «no doubt a subject of public com- ment that of the notorious and insatiable plun- @erers of the city treasury, who have been held for trial in bonus for a million none of them have yet been proceeded against, while the Mayor of the city is selected ior the first legal criminal action that has been instituted by the self-styled reformers of our cliy government, The defendant, Bhneelf a legal luminary of the first rank, will not trust to the law’s delay to give him final deliver- ance from those whu seck his conviction.at the hands of his peers, but boldiy demands and insists upon his right of trial upon the indictmens charged against him. His adversaries would prefer that he should defer arraignment and trial anti they are prepared to proceed against the alleged principals in the frauds perpetratea against the city, hopimg that then in the heat of Public excitement from the long-promised dis- elesures, the Mayor, however unintentional his ‘Wrong-doing might prove to be, would suffer from Bhe general verdict of condemnation which they anticipate irom the trial of other city oMiciais, The Mayor, however, with a true appreciation of his Digh position and what 1s due to the citizens who Placed him there, knows that to justly nim tn con- Stouing to hold the office he must be justified of ali men and avsolved from.all charges of wrong-doing by & Verdict of his fellow citizens sworn to try him. Yesterday being the day appotnted for the trial the cours room of the General Sessions was crowded from an early hour, Captain McCioskey being ad- Verse to keeping the doors closed against the re- Bpectable class of citizens that applied for admis- Son, As on the previous Monday, the day first set Bpart for the trial of thé case, the large audience Bat perfectly still and silent while anxiously await. Ing the opening of the proceedings. The Judge’s Private door was, however, strictly guarded, and mone but @ few well known professional gentlemen ANé reporters of the press, who bad been previously furnished with passes, were aliowed to pass through, At eleven o'clock eae : = MAYOR HALL ENTERED and straightway proceeded to the outer bar. im or immediately following him were his counsel, B tormiduble array of iezal taient—even himself a host. His counsel consisted of Aaron J. Vanderpoel, his partner; E. W. Stoughton, ira Shaffer, ex- Recorder smith, J, E. Burril and P. ©. D. Buckley, ‘These gentiemen stood clustered together, making ‘BO sign for the nece- sary accommodation of chairs and 4 table to sit at, from which it was 8urmised by some of the knowing ones ol the press that a motion to adjourn to the Court of Common Pieas would soon be in order, After the defendant’s counsel entered the - OOUNSEL FOR THE PROSECUTION , consisting of Lyman ‘Iremain, representing the State Attorney General, and associated with Whom ‘was Mr. Heury L. Clintoa and Mr. Peckham. Mr. Algernon 8. sullivan represented the District Attor- ney. Jt still wanted a tew mmutes to eleven o'clock waen CHIEF JUSTICE DALY, ‘of the Common Pieas, entered and at once took his Beaton the beuch. A few minates of consultation followed between counsel on either side and the Gourt, when at last it was decided to. re- Move the trial of the case to tne General Term @f the Common Pieas, There was the usual mpede of reporters,. lawyers, clerks, oficers and we general audience to the room designated ah auxious to secure piace. Very considerable @elay ensved, as it wus sone time beiore tne needed Secommodation was secured tor ull. Mr. Sparkes, the Clerk of tne General Sessions; the oificial sten- ograpner, Mr. Anderson; Captain McUlosky and ‘the whole oficial machinery 01 the General Sessions, usurped the piaces of the regular attachés of the Common Pleas. At last, all being Prepares, Mr, Bparkes proceeded wit the call of tne panei of ‘ors, 600, specially summoned on the case of The pie va, The M yor. sd ‘Que first juror that answered to his name was tne FIRST JUROR SWORN, James W. James, afier tuking the oath to true answers inake Lu suUCa questions as might be put wo Aun toucuing bis competency to serve as @ juror in Sne case Of the people against the delenaant (Mayor Mall), Was interrogated by Mr. Fiiuan, one of the counsel lor the accused:: A What is your business and how long have you Fesided and where ao you at present reside in wns city? . A. 1am 4 real estate broker as to business; Rave resided im tus cly nineteen years and my present piace of business is at No, 101 Orchard Bireot. Q. You know, I suppose, the nature of the charges against tho defendant? <A. Yes, trough newspa- per reporis, Q Have you heard the matter at issue discussed to apy extent in your presence? A, Yes; Ihave heard It discussed more or less, a ave. you formed any opinion on the subject gs e guilt Or inuucence of the prisoner on the in- Wment, Or of the yeueral charge imputed to him? A. That is @ hard quesiton to answer. Q Still, it 18 @ question you must answer, with entire irankness, whether you pave formed any Opinion one way or the other im regard to the charges against Mayor Hall. A. Tne omy opinion [ have jormed was what I got trom reading the news- papers. ‘o Did you express an opinion on the subject, or Bave you talked on the subject with any person? A. Yes, in a social way I have, Q, Have you talked with persons ina social way ping bave expressed opinions on the subject? A, Q Have you expressed any opinion or judgment of your own pro or con when talking on the sub- ¢ A. I have uot the slightest doubt that I We EXpresied An Opinion Ou tue subject. CHALLENGB FOR CAUSE. Mr. Henry L. Cintov, tor she prosecution, then interrogated the juror:— Have you expressed any opinion as to the it or innocence O/ the Mayor? A. No, sir. You say that you have read the newspapers on ‘this subject. Now, assuming that we charges em- braced in these newspaper reports were true, have you expressed any opinion in this way—tnas if the newspaper charges Were true that, tie Mayor was guilty? A. No, sir. ‘By Mr. Fithian—Q. You haveexpressed an opinion fm this Way—that il the charge contained In the mewspapers were true, then tie Mayor would be ity’ A. Yes, sir, By Mr. Clinton—Q. If you were sworn to serve as ® juror in this case 1s your mind 80 free from Dias or prejudice ore way or the other that you Gould return @ verdict without reference to any gpmion you might have previously formed? A, sir. ‘Sire SMITH, for the defence, objected tothe juror addressing the Court. He said that the juror nad expressed an opinion on the very charges that had beén made against Mayor Hall, He says that he has read the papers and that if the charges against Mayor contained therein were true, then the ‘or 18 guilty. Now, supposing for the purpose of testing this case inat every word so charged in the papers should turn outon evidence as true. Your Honor understands that would ve but one Single step in the case towards producing & conyic- tion, But there is something beyond that. Ita rsOn goes into the jury box with an impression pon his mind that tnese charges are true, no mat- ter what the evidence Subsequently might be, that pression carries # party beyond that condition in Which a juror’s mind should be when he takes the fnd takes his seat in the jury box. ‘The Counr overruled the challenge for cause and the juror was then CHALLENGED FOR FAVOR, en Messrs, Malcolm Campbel and Hooper 0.‘Van ‘Orst, practising lawyers of the Court, were sworn astriers. ‘These gentlemen took their seats on the chairs allotted to jurors, heard the questions and anewers on fae cballonge sor favor, ‘Dus werp nos With . NEW YORK HERALD, TUESDAY, FEBRUARY 27, 1872—TRIPLE SHEET. to decide the at tesue, the de- maprer How long since was your at- was weedoh A. pes wee fun in Sala regularly since? A, “ gg =F the public meetings pic oanection with the mater: any of the meer. any of the speeches’ made on A. No, sir; never attend politcal meetings. Have you heard of the body of gentlemen led or generally known as the Committeo of Seventy? A. Yes, sir. Q. Are you personally pommeintely with any of the gentlemen composing U ly? A, No, sir Q. Have you ever bad conversations with persons im relation to the matters and things which that committee had in charge? A, No, sif; not to my knowledge. Q. You stated that you expressed an opinion with regard to the matters out of which this indict- mont grew, and further said that Mf the charges were true that you read in the papers, that then the Mayor was guilty. What did you reier to? A. The general charges; 1 talked with parties coming to my office on the subject. Q. You have taiked on the subject of these charges tn connection with real estate interests and the taxes on real estate, Now, I ask you, have you formed an opinion on the conduct of the Mayor with regard to the charges on real estate, with adding debts upon the city, allowing clalms lo accumulate against the city, 80 far as that conduct might have affected these matters, either one way or the other? A. 1t would be hard for me to answer that ques- tion; property owners would come to the office and talk of the high rate of taxes, A. S. Do you desire to serve as @ juror In this case? lo, sir; I want to get away irom it very bad. (Laughter in Court.) Q. Have you discussed the conduct of the Mayor With regard to his conduct as a member of the Hoard of Audit? <A, No, sir, Q. Mad that conversation with regard to taxation anything to do with your real estate transactions ? A. Yes, sir. Q. Was it of a character to make an impression on You as to accounts charged or discharged against the cury? A. NO, sir. Q. Have you ever expressed any opinion, one way or the other, with regard to the connection of te Mayor with the city government as W its econo- mical government or otherwise? A. No, sir. ACCEPTED. After further questioning as to legal competency the juror was sword, the first that answered tg his name and the first accepted. ‘she next juror that answered to his name and ‘was accepted after the usual interrogatories was MR. MATHIAS CLARKE (JUROK NO. 2), President of the People’s Fire Insurance Company. Had talked on the suvject of the charges against the Mayor, but had not expressed any opinion thereon; knew notning of the charges only trom newspaper reports; never accepted them as suf- ficient to convict inan of any charge. HENRY A, ROYSE ON THK STAND, The next juror answering to his name was Mr, Henry A. Royse, who stated that he was a lumber merchant, doing busimess at 519 West Fourtecutn street; was not acquainted with Mayor Hal; never had orders for supplying lumber in the erection of any buildings belonging to the government; read the charges against the Mayor in the newspapers; had jormed no opinion wether the Mayor was negligent in auditing claims preferred against the city; had formed no opinion at all upon the subject. Mr, CLixToN—That 13 to say, you believe him in- nocent of the charge, or that he did not do anywuing wiluily or intentionally against the law? A, Yes, sir. . And tnat is your present opinion? A. Yes, sir. t, Firnian—You belteve him imuocent til proven guilty? A. Yes, sir, By Mr, CLintoN—Your bellef ts (hat if the Mayor wiliatly and knowingly audited accounts against the city or neglected toandit accounts, that neglect, it neglect there was, you believe was not willul or intentional? A. Yes, sir. 5 %. And that 1s your opinion now? A. Yes, sir, 4 Mr, Fira1aN—You have formed no opinion a3 to his gutlt or innocence, have you? A. No, sir— no solid opinion, Q. Have you any opinion one way or the other that would require evidence to change it, whether the Mayor 1s or is not guilty of the charges brought againat him? A. No, gir. Q. Do you think, notwithstanding everything that you have heard and readin the case, you could try the case as @ sworn juror on the evidence that would be submittea to you without any bias or Prejudice arising irom previously formed opinions on the subject? A. Yes, air. ‘The case was then about to be given to the triers (the iirst two Jurors sworn) when MAYOR HALL arose and addressed the triers on the question at issue—the competency of the juror to serve ag against the chalenge for favor. There was @ breathiess silence in court as tue Mayor rose, and for a moment he threw his eyes around the room. The Mayor said:— GENTLEMEN OF THE JURY—The witness on the stand testifies whether or not he Knows anything to incapacitate him trom sitting ay & juror in that box on the trial of this case. He stands there asthe embodiment of the law as tt 1s defined 1n this issue, ‘The law, jooking down on the fate of the defendant, Bays to him:—You are charged with wilfuliy neglect- ing the duty of auditing one specific bill set up in the maictment aud are to-day in court to answer it, First, you are charged with having neglected to audit, and second, you are im court under in- qictment for having willully, inteationally+ and knowingly negiccted to do your di That Which the law aud the constitution says, in go many words—in Englat.d and in this country— borrowed irom a maxim oid as the old Roman law fiseif, ihe juror on the stand 88538, Lo wit:—that le believes the defendant 18 innocent of any neglect, or any wilful negiect, until he is proven guilty. ‘The law, gentlemen, says this, and 80 gentiemen of counsel on the other side endeavor to overthrow that maxim of the law, and to assert in its stead, onthe authority and on the forum, it may be, of pewspapers, that @ Manis presumed to be guilty unti he bas proven his innocence. But in a forum like this, genilemen, it is exactly the opposite, aud every man, from the highest to the lowest tu this foram, hias the law's presumption of innocence in his favor. Now, gentlemen on tne other side en- deavor to remove from the jury box 1a which you sit a juror who is saturated with the spirit of the law ou the very subject matter that he would be called to adjudicate upon. If this jaror had said upon our challenge, I believe that the Mayor is guilty of having negiected to audit this bill set up on the indictment, and is guilty of wilful and in- tentional negiect, he could not havé gone into that jury box, tor he would go there in that case as against the presumption of the law. And, there- fore, all that the law asks, genticmen, is thas juro"s like you, who bave testified on the stand as to your fitness to serve on the jury, bellevain the presump- tion Of innocence, bul open to hear testimony to overthrow that presumption. The very presump- tion of the law stated as that gentleman has stated it, and which, ted with irom this point, continue—if this case should ever reach you—-cowa to the very momen* you retire to the jury room ior consultation, except as it may be, for the purposes of your deliberation, overthrown by the testimony. But, gentiemen, the presumption of the law that the accused ts mnocent unul he is found guilty must remain with you until your verdict 1s rendered and you say, “This man 1s proven gutity,’”” and when you have so prononnced your verdict then, and not till then, this presumption of tne law, in the very language of the genvieman on the siand, becomes overthrown. It has been said that a juror should go into the box with his mind a free irom all traces of suspicion, of doubt, of opinion, of im- ressions, as the old waxen tablet of the Roman was lieved to be before the iron pen of the scribe had made & dot upon its surface. Now, gentie- meu, I ask you, js not that the very con- dition of this juror’s mind, upon whose fitness to near, deliberate aud determine with you, you are now injudgment? He, geutiemen, believes mereiy in the presumption of the law. He waits at the door Of the jury box to have that legal presumption over- thrown, and which my learned adversaries are at- tempting to overtuirow, ot by your judgment sus- tained. He occupies no other position than that If he has formed an opinion as tothe guilt or inno- cence of uhe accused different irom that rule, then the rule 1a modinied to that extent, Buthe has not testified to that, and, therefore, in a case like te resent, where it would almost seem that the old- rashioned ideas of challenge are overthrown, and where, as in some cases, a man tries to kee; out of the jury box those who are inimic to him through newspaper reports, in this particular Instance it ig @ fight on the side of the prosecution to keep from the Jury box a man who simply says, in the language of the law, that he believes you to innocent of the corpus delicii—the corpus of doing be your duty, or of not doing your daty, and the de- Ucti of the wilful or Intentional wrong-doing of your duty, I submit, as you, gentiemen, have been ex- amined an4 testified almost to the samie point, that you should receive the gentieman as one of your fellows, MR, LYMAN TREMAIN REPLIED FOR THE PROSECUTION, and after explaining tne duty of the triers and tne diderence between the challenges for principal cause and for favor, said the oath administered to triers was to decide whether the man stood mudiifer- ent between the people and the deienvant, Many little matters were proper for consideration of the triers under that challenge, if on any one link of the whole case there was a bias in the mind of tne juror that rendered him not indiiferent, Here was a case of great importance, when tere was natural anxiety to have a iair jury, He would recall to them that this wi the first man whom the counsel for tne de- fence had failed to chalienge, One dissentient juror, be it remembered, could block the wheeis of justice and render nugatory the whole trial, This juror, 1t was found, was biased on the essential question in the case. Counse: procecded to siate the Indictment against the Mayor, which 1s under the statute, providing that the wilful neglect of duty in an officer made him guiity of a misdemeanor. He recalled the juror’s Own statements tnat he did not believe the Mayor acted with any wilful pur- ose, This was an Opinion on the very vital issues in the case, and they theretore opposed his accept: ance as a juror. Chief Justice Dany charged that it was for the triers to eye whether the juror was impartial and without bias as between tbe prisoner aad the people, and that was pecuitarly their province, ‘The triers found the omens true, Marcus Berlina, of No, West Thirty-ninth street, was clauenged by the defence. Knew the character of the charges against the Mayor aod had talked it over; he had not expressed an opinion as tothe Mayor’s action in tue Board of Audit, but had as to his general action as Mayor. Rejected, Bomatn A. Lukomski (juror No, 3), @ trank mauu- facturer, of 930 Broadway, Why spoke with a strong foreign socent, and Wi 1 Oey Was indeed gearcely incelligible, tewtl he had not Torsugd. ap exJnion noeug HBO MANOF' ATU 9F DQ the newspapers, aid not tics, and always avoided had Peover ‘an opinion the Committee uf Seventy; did not belong to any Political association, and had never attended ro generally newspapers pul before; ms opmion to ih; had sat on juries would'be formed on the conence the things in ter.) ‘This gentleman, having thus fully established his competency to try the case, was accepted by both Darties, and sworn in as juror number three, Hall A, Cartis, Jr, next answered and testified— Am secretary and treasurer of a manutacturing company at No. 7 Park place; bad expressed an opinion as to the guilt or innocence of the Mayor. The CouRT—You may stand aside, Joon Reavy sworn—Am @ manufacturer of leather beiting; know Mayor Hail by having seea him in pubic; ‘bad conversations about five months ago in regard to the revolution in politics, and then eXpressed an opinion as to the way the Mayor nad executed his duties; since that time his opjnion had been removed, and now he had ms doubts ag io the guilt or innocence of the Mayor. ‘The CoURT—You may stand aside, Churies T, Huntiagton swotn—Am a broker at 12 Pine street; Knew Of the charges agatnst the Mayor; had expressed an opinion as to we action of the Mayor, but could render @ verdict according to the ev.dence; iu regard to the particular charge now in question he iad 20 opinion whatever, ‘The Covrr—You may stand aside; the case for the principai challenge has been proved, Christhe E. Becker sworn—Keside in Lexington avenue; had retired from basiness two years ago; had expressed an opinion mm regard td the charges against the Mayor, ‘The Court—You may stand aside, Charies J. Candor swora—Wus treasurer of an tron company on Lake Superior; had tived in we city all his me; had béjard of the cnarges against the Mayor; might have talked about them, but could nol remember; nad never expressed an opinion about them; knew Mr, Tilden very well; nad never had conversations with hin in reference to thesa matters; hai heard of the Com- mittee of Seventy; knew Mr. Havemeyer and moat of the other names by reputation; bad never formed an opimo0d as to the Manner In which we Mayor had discharged the dues of his ofice; had Teau the papers; iesived at 127 Second avenue; had a family; had @ summer house at hign Bridge; voted from Second avenue; had never 8] ciatly . Considered the question of tae charges against tne Mayor; he could not form 4 belief about ®& man from mere newspaper statements; Mr. Tilden had been presi- dent of the ron company of which witness was treasurer; Mr. ‘Tilden was DoW a@ directur, and had power, With his 31x fellow directors, to remove wit- ness; did not kaow if Mr, Tiden knew that witness ‘Was summoned as a juror; had seen very little of Mr. Tilden except on business, apd had found him so busy that ne could scarcely speak with him on matters connected with the company. jf This genueman was challenged peremptorily by the aetence, Joan Brower, sworn—Had expressed an opinion in ‘ard to the Mayor’s guilt or inmuceuce, ‘ne COURT—You may stand aside, George H. Berrvinan, sworn—iad expressed an Opimion as to the Mayor's guilt or Innocence, ‘The COURT—You inay stand aside, Peter ©, Roacil, sworn—Had walked about the mestions out of Which the charges against the jayor had arisen aud had expressed an opinion about them. ‘The Court—You may stand aside, Charies W. Nush, sworu—Kept an cating house under the 7imes building; believed his Louse was @ great resort for politicians; dia not himsell med die with politics; had read the charges against the Mayor in the newspapers, and bad expressed an Opinion about them. ‘yne CoURT—You may stand aside. David P, Conynguam, sworn—Was an editor; re- sided at 65 Pike street: knev of the charges against the Mayor; had never expressed an opinion as to the special charges now brought forward, aud had, he thought, never tormed an opiuion; ielt compe- tent to try the cause; had CLAIMS AGAINST THE CITY ana had had to sue for taem; they were for publish- ing accounts on behali of the Sunday Democrat; had heard a great deal of newspaper discussion About this question. ‘lo the prosecutton—The paper of witness had not been designated by the Mayor for city adverusing; the Clalins were for 1569 aod ihe early part of 1570, before the Mayor had been imvesied wirn these owers; thought ne had applied to the Kayor and te Comptrolier between six and twelve months ago to be pad, had nov & pplied to the Mayor more than once or twice; the Mayor had not given @ definite answer, vut had said the claims would be inquired into; at the tune of the passage of the law the Mayor satd that ne would not be paid for priating adverusemeats im the future; some of the Clarms were against tue city and some against the county; those against the county wWituess preseated to Mr. Louny, the clers of the County Board of Audit. ‘The prosecution then proceeded to have the chal- lenge as to 1avor tried by the two jurors first se- lected. ‘Tne wiiness continued—My claim was for about twenty thousand dollars; had veeu employed once under the Board Of Public Works as aa inspecior; that Was in lsvs and a portion of 1869—apout aw year, . What was your salary? ATuis was objected to by the defence, and the pros- €cution expiained that they desired to show thay Witness bad heid a siaecure by tue lfueuce of the defendant. ‘The Court allowed the question, at the same time expiaimog that guestions should not toucu onthe private asfairs of the geatiemana exanuned more than was necessary. Q At what salary? A. Seventy-five dollars a month; that was Lac entire amount that I received, Q. What was the nature of your oflice aud the services renderod? A. lL was Inspector of Streets; iknow, and [think also INSPECTOR OF LAMPS. Q. Did yon ever act as Inspector of Lamps? A. Yes, sir; 1 was notioagia that capacity; 1 donot swear that 1 was Inspector of Lamos, Q, State the service you rondered? A. I inspected the service done by te meu in the streets round the ark. . Q. You presented this ciaim for $20,000? A, There was some $5,000 or $6,000 more for the county canvass; in all It was aDout $25,000, Q. Are you certain your clan did ‘not exceed $20,000? “A. 1am not curtain, butt think not, Q. Was that claim audiied and adowed? A. It was not audited; f asked the Mayor why it was not audited; most likely that Was avout a couple of months after it was presénted; the Mayor gave me to understand that tt would come beiore the Board of Audit; 1 might be so:ne mouths alterwards tuat Tagain spoke to him about 11; he spoke to about the same eifect as at first; to my knowledge ihe Claim has never yet een audited, Q Would the fact tnat your claim was not audited impress you unfavorably againsc the defen- dant? A. No, sit; nob 80 far a3 Individuals are con- cerned; as to the Boar, 16 might; that 13 to say, If it were @ case affecting me vnly, 1 should think tt uniair, but { understand that there are several other newspapers in tne sams fix; indeed, I have heard that the question of the legality of these newspaper claims being decided by tie Buard of Audit has been raised; 1 think the Mayor himseit told me 80, but | wonld not swear to that Q. Do you still expect to have tuat Board of Audit, of which Mayor Hail i3 @ member, pass your claim ? A. Lam not aware that such a board of Audit 1s in existence. a. Q. Has Mayor Hall informed you that that Board has ceased to exist? A. No, sir. By the defen: Q, You say you have not anything in your mind that would prevent your rendering a @ just verdict upon the evidence?” A. No, sit. #X-Recorder Smith then addressed the jury on the meriis of the case, Extraoruinary latitude had been given in the exammuation, in order to secure an entirely unvrejuliced jury, Wherever there was ‘the slightest imp. ession on the mind of a juror that would require evidence to remove he was disquaii- flea. Here was a juror whom tue prosecution haa endeavored to set aside for the extraordimary rea- son that he might have @ bias against the defend. ant, although tue defendant himself haa accepted him on his own statement that he had formed no decided opinion, If any was had been proved it was on (ie ground that the defen- dant, iu tne discharge of his duty, had retused to pass a claim thas the Witness had presented; and ain, that the witness had once been in the em- ploy of the City of New York, What man could be more fit to be a juror than one who, like this wit- ness, had preserved his mind tree irom prejudice against the defendant in the tace of circum. stances calcuiated to create a bias against him, simply because, a8 ne had = tesil- fled, he had underswod the decision nad not been made against him individually, but that siintiar decisions had been rendered against many ower newspapers? Surely it was not desira- ble that men should be selected as jurors who had no mind of their own at all—men wno could read tne newspapers and the charges made and not come to any conclusion. Mr. Clinton agreed with the defence that a fair Jury should pe obtained, and that no member of It should be appomted who Nad any bias or prejudice, Tn tits ‘case the detence had @ man who had apparent grounds for a bias against the deieudant, and yet they presente the extraordinary spectacle ot persistently and suena - ously insisung on his being sworn, Tue witness had held @ stnecure, and «id not even know the dudes whick he had to iuifll, Tnen, in spite of the fact that the claim of the witness, the amount of which he did not exactly remember, and which ne had veecn at first extremely anxious not to state, had not been audited, he claimed to have no preju- dice, Tust ciaim had not yet been scied on, but It nad not yet been’ rejected, and the witness had therefore @ direct pecuniary interest involved. It was notin human nature not to be biased under such circumstances. ‘The triers had a Tight to reject him on the ground of anything to pis manner, or his evidence, that might be suspicious, ‘This claim of tie witness could Dot be paid without the signature of the Mayor. Was he, therefore, & fit man to Sit As 4 juror in & case Wita the Mayor as defendant? fle regretted the unseemly spectacie of the defendant atiemptung to put such a man on the jury. shia THE COURT CHARGED that the jnror shuuld be imparcatl as between the people and the deteadant, and that they might feel he exacy duty they had to periorm Judge Daly read a brief passage {rom @ decision in the uignest Court of this State determining both the auty of tne triers and the Court. Tus, he said, they would Know that the waole responsibility rested upon them, a very large latituve neceasarily being allowed in the examination where the question was whether the juror was biased or not In a case which went before te Court of Appeals, and Which was: familiar to the recollection of many puresent day as the Bowdoin cage, the Court used this “The causes of favor are1nnn- Judgment of law imply a. disquittyiag bas, it most toe to the co ‘and diser rr the 18 favorable or unfavorabie, mn 1s whether @ juror ts, as he assuredly should be, alto- er indifferent, and if they fina that he not it 18 their duty to reject nim;” and the Court, therefore, in reviewing questions of this nature further state that “it is not the province of the riers to pass upon. Very indecisive evidence of bias is admissibie. The influence and effect of what 1s proved and how far it mar have affected the mind of the juror the good sense of the triers must aiso determine.” ‘Tne Judge con- cluded:—“‘Now, gentlemen, this 18 precisely tne omce you have to discharge, Yon are to say whether the witness is Impartial and iree from bias for or against the defendant,’’ ‘The jury found the challenge true, and Mr. Co» ngham was therefore set aside, ‘ne Court then adjourned until cleven o'clock this morning. PROBABLE MURDER OF A POLICEMAN The Roughs of the Nineteenth Ward on Their Muscle—Desperate Conflict with the Police— Broken Heads and Arms All Round— The Condition of Officers Tully and Lambrecht—Tully Pro- bably Fatally Injured. On Sunday evening, abous ten o'clock, OMcer Tully, of the Nineteeath precinct, was called into the lager beer saloon No, 838 First avenue to quell 4 disturbance and to arrest one Louis Miller. While endeavoring to effect the arrest of Miller the officer Was set upon by a gang of rgughs who wore in the Place and who had been acting tn a most disorderly manner. To show what the character of this gang was and the bad “corner? in whicn the officer found himself, it is only neces- sary to state that it was largely composed of per- sons engaged either directly or indirectly in the murders which occurred tn the neighborhood of Forty-seventn street and First avenue recently. While Tully was jostling round the sa!oon with Miller he was tripped by the stove, and he fell upon his back on the floor. Instantly several persons fell upon him and beat him with his own club and other weapons, Alter being rendered almost insen+ sible he was pitched into whe street, and, reeling and faint from the Injuries he had received, he made his way to the station house In Fifty-ninth street, Dr. Swann, the police surgeon of the district, was immediately sent for, and cressed Tully’s wounds, Which consisted of two factuies of the skull, He Was then taken home to 1,016 Third avenue, Yes- terday morning he was const lered in such a critical condition Liat he was rewoved im an ambulance to St. Luke's Hospital, where he now lies, Alter doing everything tat could be done for Ofticer ‘Lully after he had come to the station houss, Captain Gunner ordered detective Lambrecht, RKoundsman Webb, Officer Youker ant Oniver O’Brien to dress themselves in citizen's clothes and arrest the assailants of O#lcer ‘fully. ‘Tuey pre- pared themseives tor a hazardous undertaking, and issued Irom the siation nouse fully determine t if they found the party to arrest them. On arriving ot the corner of Fifty-ninth sorect and Second ave- nue they came ra contact with six drunken rock blasters who were waitin for the cars, they mis- took the oilicers for citizens, when the latter spoke to them and toid them to make less noise, Une of them “went” tor Tooker, and belore he could detend htnzelfgo sudden was the movement ot his assaulant, that he was made to see more stars chan there are in the firmament by 9 blow of a fiston the side of the head. Arough aud tumble fight immediately ensued Ly ned tue four officers and the six brawny rock blasters, tne latier using their fists and stones, Whue tie officers used their chuos with terrible enect, Dougherty had one of his forearms broken with @ biOW O1 @clud, and three or Jour of the others re ceived somewhat severe scalp wounds. Lamorecht, while tureatening to shoot one o1 the party who was about picking up @ stone to strike him with, was struck from behind on the back of the head with a piece of white marble in tne haus of George Lavery. He recied and tell almost, insensible on the street, where he lay some minutes betore he recovered himself suficieny to aid in tae arrest gf the party. Dougherty, George Lavery, Willlam Lavery, Wiliam Fitzgerald, kobert Lavery and Matthew Lavery (all the Layerys are Tetatives) were arrested and locked up m the sta- tion house, ‘hey say that if they knew the party who spoke to them to be oiticers they “would not of course have done anything.” As the case stood, however, they are ony sorry that one or two more are not ip the sume Condition in which Officer Lambrecht 1s. Altar securing their prisouers ia the station house the OMicers, with the exception of Lambrecat, wno Was conveyed to St. Luke’s Hospital, avain went torth im search of the assailants of OMcer Tully in Firstavenue, 1t was nut, however, until the fol- lowing morning (yesterday) tnat they succeeded in arresung two persons supposed to have been im- plicatea in the afta, Tuese are Thomas alias “sutcn” Mevarthy, and Charles L. Clemens, of 341 East Forty-fourth street. Clemeus ts but nineteen years of age, and is worth about flity tousand dolars in real estate, with nu one to divide it with bat his mother, with waom he now lives. He cares for no company but that of the rowdies who live tn bis tmmediate neighborhood, and they are bad enough tw grace even a more dis- Unguished locality than the “Five Points. He ad. mits having been in the saloou when Tully was beaten, but he took no part in the affray, go ne says, McUariy denies having any Knowleage whatever of the assault, Oiticer Tuily knew but one of the party who as- sauted him, but he had not been arrested up toa Jate hour last night, The prisoners in both cases Will not probabiy be arraigned at court for some days yet. By that time Onicer Lambreciit may be avle Lo: leave the hospital; but Oiticer Tully, who is davgerously injured, will not leave it for a long time, if, indeed, he ever does. ‘The fact is that the Physicians in attendance upon him have their doubts about him, and are airaid that his chances Oi recovery are slight. In @ conversation had by the Haraup reporter yesterday With Captain Gunner, of te Nineveenth precinct, in relation to the lorezoing cases, the Cap- tain did not attempt to deny the tact that tne force at present un iler his command is entirely inadequate to protect the lives and property of the people of his precinct, “Kor instance,’’ said he, “one officer has to cover {from Forty-second street to Sixiy-sixth street on ‘Third avenue, while another oMecr has @ ‘bea’ of nearly tweive miles—that is, from Seventy-second to Sev- enty-ninta street and from Filth avenue to the East River.” At six o’clock last evening the platoon which he sent out for night duty consisted only of twenty men, ten ol whom vy right would be re- quired to covet Third avenue, the other ten to be distrinuted along the other aves nues, thereby leaving @ large portion of mo ward unprotected. He says it 1s, of course, impossible for the Police Commissioners Ww remedy this evil by giving him more men until the Legisiature gives them the power of increasing the nusuber of the whole of the force. When tnis 18 done, and not tli then, will he be able successiully to compete with the lawless gangs of rufians who infest his precinct, especially during the summer months, when picnics and excursions occupy his attenuon at tne diiferent uptown pleasure grounds, THE SWINDLING SIRENS AGAIN, The Third Attempt at Closing the Examina- tion—Narrow Escape of an Extensive Brond- way Hair Dealer. The case of Eva St, Valerie and Linby Doris, the two swindlers, came up at the Tombs Police Court again yesterday morning before Judge Dowling. Owing to the Inability of either of the counsel for the defence—Howe and Price—to appear, there was au- olner adjournment had, next Wednesaay being set apart for tne final examination, dt seems the case of Messrs. Charles V. Peckham & Co., of 687 Broadway, deaiers In buman hair, will be maue the test one, tho evidence in this being more complete than in any of the otners. Mr. Peckham says St. Valerie, or @ person greatly re- sembling her, came to his store some moutns since, aud, after looking ‘at several thousand dollars’ worth of chignons and the fluest curis of all snades and colors, seiected about six huvared douars’ worth, waich she ordered packed ap and sent to her address, She wrote the number of the house and street on a card, which she leic with Mr. veckham; but the store being full of customers at the time the card was misiaid or lost in some way, 40 (nat the govds could not be sent until the iady should again @ppear. but she kept away, greatly to Mr. Peck- ham’s surprise, and that gentleman, as time wore on “and suil sie camo not,’ began to think he had lost a first class Customer through his carelessness in losing that card. He 13 nov ‘itive that St. Valerie is the woman, but says she greatly resem- bise her. RAPID TRANSIT, The new steamboat, the Sylvan Deil, which has just been built for the Hariem steamboat line, yes- terday made her trial trip, In addition to the dl- rectors a large number of steamboat men and other invited guests were present, The trial was a most satisfactory one as to the trial of tne steamer’s speed, she fully coming up to the expectations in this regard. ‘ihe steamer leit from the toot of North Moore street, went several miles up the Hudson, then returned, rounded the Batter: and went up the East River to Hariem. Her lengti of keel js 170 feet, breadth of beam 26 lect, and depth of hold 9 feet; her cylinder is 61 inches in dimmeter, with 8 feet stroke, With the syivan Stream, Sylvan Grove and Syivan Glen, this makes four steamers on the line, whica will be none too many to accommodate the rapidly increasing wavel by this route, The new voat, like the others, 1s to be nicely furnisned, and in avout three weeks will commence her trips. She will be pui on a8 an ex- press boat, and will be abie, as shown yesterday, to make the trip Hari 1 4 maxe tho trip from Wario v9 Peck sity in twenty THE. COURTS. Interesting Proceedings in the United States, New York and Brooklyn Courts. Opening of the February Term of the United States Circuit Court—Charge of Judge Blatch- ford to the Grand Jury—The Jumel Estate Case—An Admiralty Suit—Proceedings in Bankruptcy—Action Against the Adams Express Company—ihe Stokes Case—The Belden Will = Litigation. r UNITED STATES SUPREME COURT, The Delaware and Hudson Canal Company Defeated in the High Court on Their Coal Trade Mark—Decis' on Import Duties on Birds Brought Ashore Alive. Wasurnaron, D. C., Fei 1 The following decisions were made in the Supreme Court of the United States to-day:— No. 95, Delaware and Hudson Canal Company | ve. Clark— Appeal from the Circuit Court of the Southern District of New York.—In this case the Delaware and Hudson Canal Company sought to enjoin the defenaant, a coal dealer in Providence, | R. 1, from selling Lackawanna coal, on the ground | that they had adopted that name as a trade mark many years ago, and were, therelore, entitled to its exclusive use within the trade. ‘the Court below dismissed the bill and this Court affirms the decree, holding that as sound doctrine no one can apply the name of any district of country to a well-known article of commerce and obtain thereby any exclusive right to its use. (Geo- graphical and generic names cannot be so adopted and appropriated, Mr. Justice Strong delivered the decision, No. 119. Relche vs. Smyth, collector—Frror to the Circuit Court tor the Southérn District of New York.—In this case the plaintiff in error sued to recover duties on birds, paid under pro- test, and the Court below held that an act which named birds as an existence distinct from animals had been repealed by one which simply made living animals subject to import duty, ‘This Court held that as the former act, making living animais and birds free of duty, distinguishes) between the two; and as the latter act, subjecting living animals to duty, does not use any language inconsistent with the distinction made in the for- mer act, that distinction must be deemed to apply to the larter act, and, theretore, hirds are still free of duty and the judgment 1s reversed. Mr, Justice Davis delivered the opipion. No. 99 Wilmington and Western Rattroad Com- pany vs, Reid, Sheriff!—Error to the Supreme Court of North Carolina.—In this case the Court below enforced a tax recently imposed by statute upon the property of the raflroad company, while by its charter, In consideratton of the construction of the road a3 therein specitied, it was forever ex- empt from State taxation. This Court say that however impolitic it may be in the Sovereign to allow the taxing power to pass out of its hands, stil! when it was done the Court will en- force the contract the same as it it were between private parties, In this case the taxation 1s deemed to Impair the contract of exemption made by the charter of the company, and the tax 1s, therefore, hela to ve illegal and the statute impos: 1b void, The judgment is, therefore, reversed. Mr. Justice Davis delivered the opinion. No, 100, Raletgn and Gaston Railroad Company ys, Reid—Brror to the Supreme Court of Norin Carolina.—The exemption in this case was for a term of years, and it igs held good for that period, according to the terms of the charter. Mr. Justice Davis delivered the opinion, UNITED STATES CIRCUIT COURT. Opening of the february T Yesterday Judge Blatchford opened the February term of the United States Circuit Court in the Court room of the District Court. Mr. Stitweil, Deputy Clerk, called over the names of the gentiemen on the panel, after which tne Grand Jury (Mr, Chartes A. Macey being Foreman) were sworn in, THE JUDGE'S CHARGE. Judge Blatenford, after briefly adverting to the important duties the Grand Jury had to discharge, said that the system of defrauding the government by smuggling was very much on the increase, and smugglers were hecoming daring in their cpera- tions. It was thelr dutv, as jurors and as citizens, to promptly and ieariessly find bills of indictment against every one shown upon proper evidence to have been engaged in this practice. He was in- forme! that many cases of this character would be brought before tnem. He regretted to say that smug- ging had hitherto been treated more as a matter to be compromised than as an oifence against tae law to be punished; and It was quite time that smugeiers should understand they cannot cheat the govern- ment with impunity. ‘The learned Judge then ad- verved to the law on the subject of the giving of bribes to public oficers for the purpose of in- fluevcing their ofiictal action 1n getting goods throug the Custom House. he read the Jaw bear- ing upon this matter, The punishment tor this oflence 18 three years’ imprisonment and the person convicted of receiving a bribe, if an officer of the United States shall’ forfert bis place, and thencetorward be disqualified from holding any position under the government, The act of July, 1866, was substanuially to the same effect, The great dificulty, as they coull well understand, which stood in the way of enforcing the law 1n regard to the giving and recelv- Ing of bribes for tne perversion of public trusts, was that the matter was confined to the giver and re- ceiver, and no person was bound or permitted to testily to anything that woulda crimmute himself. Kut the Congress of tue United States perceived this embarrassment in 1868, and passed @ law to get nd of this difeuity, and the law was io this effect: that no discovery ur evidence obtained in refer- ence to the giving or receiving of such bribes shall be given in evidence agalnst any party whatever in any suit in any Court of the United States, so that no individual could say that he could not give evidence, ‘The law said that a persou may testify in regard to such transac. tions, and that the testimony could not be used against him, ‘rherefore a weapon was put into the hands of the goverament for tue purpose of lerret- ing out those secret transactions which take place between the iraudulent givers ana the fraudulent receivers of bribes, ‘There was one other suvject ‘Whivl he was especially desired to call their attention t, and he commended it to their investigation. Many ol them were undoubtedly familiar with transac- Uons which had taken piace in the financial com- munity in this city for the last few years, which transactions were called the business of “locking up money’? for the porpers of teading the appeute for speculation and gambling, already suficiently rite and keen in this commanity without the aid of any such adventitious means. Congress had paxsed @ law striking at this offence, and if this law had been violated the act of Congress would enabie them to put a stop to this system of ‘locking up money.’ The statute was passed the 19th of Fevruary, 1869, It affected all national banking institutions of the United States watch shall hereafter offer or receive United States or national bank notes as collateral security for any loan of money. ‘The penalty was ‘that any national bank offénding against this statute should be guilty of @ misdemeanor, and the Institue tion itself, in its corporate name, was to be indicted, and upon conviction shall be punished by a fine not exceeaing $1,009, and by a further sum equal to one-third of the sum loaned; and the officer making such loans shall be llabie to a further sum of one-fourth of the sum 80 loaned. He under- stood that @ case or cases of this kind would be brought to their. attention; and he was sure they would do all they could, within the legitimate ex. ercise of their duty, to remedy the evil specified in this act. With these observations the Grand Jury might withdraw. ‘The Grand Jury then retired to consider such bills as might be sent betore them. The Jumel Estate Case. Before Judge Shipman, The further hearing of the case of George Wasb- ington Bowen vs, Nelson Chase was resumed yes- verday. For the purpose of showing the age of Madame Jumel, Mr. Charles O’Conor, of counsel for detend- ant, offered in evidence the application of Madame Jumel to the United States government, dated the 20th of May, 1862, asking that a pension be conferred ‘upoo her as the widow of Colonel Aaron Burr, in this Application, which was made under oath, Madame dumel stated her age to be eighty-four years and upwards, so tuar, according to this statement, sne must have been ‘We wen years old, or there. spouts, at the time of her death, Which Gccurred in Among the witnesses dxamined yesterday was Mrs, Perry, Wile of Mr. Paul J, Perry.: This lady is daughter of Mr. Nelson Whase, the defendant. She was examined at considerabie leagth by Mr. Charles O'Conor, She testified that she had travelied tn France on several occasions with Madame Jumel, who always treated her with the greates nd regard; Madame Jemel had informed She Was born on the 2d of April, 1777, and that she had come near being an April tool (laughter ; she said sue remembered the year on account of the three sevens; Madame spoke to lier in relation to Jamlly matters, and said sne never had a son. Mr. Chauncey Shaffer cross-examined the witness, and asked her in reiution to what became of the keys of Madame Jumei at the time of ner death, and whether they were not taken irom Madame by persons named Fianagay and Carroli, She replied that they were not; that the keys were lying op the table at the time.’ She further testuifled that Ma- ’3 diamonds were left to her (witvess) under her marriage settlement, and that therefore tuey ty. wie Nelwon Cha the defendant, was next ex. amined the etauion 10 various circumstances in the bad told Air, Chase she was the daughter of John Bowen, a seafar- man, and that her motuer’s name before she Married her father was Phebe Kelly. Sie had also told him there were two other chiluren, her brother Jonn and her sister, who atterwards became Mrs. Maria Jones. He never heard Madame say sie had son; never heard Mrs. Jones say tnat Madame J With respect to r. Chase ha Madame of Niberty and prevonied her seeing her frieuds, Mr. Cnase testified that that was not the fact; he had never done so; Madame Jumel was the most deter ned spirit he had ever met witn ether in life or In history, he knew, sho could at any time have Island unul sae became so infirm as to travel, ‘The witness was handed a i of Madame Jamel, which he identified to be in the handwriting of the Jate William inylis, @ law. yerof cits city, with whom he was, be satd, int. Inately acqnanited. The original of this will was lost; but Mr. Chase testified that ne had seen the origi- nal will, aud he was now able tu state irom recol- lection that sue contents of the original agreed suo- stantially with the drait now produced. On a for- mer day Mr. 0’Conor read this draft will to the jury for the purpose of showing that it does not contain any reference by Madame that she ever Lad a son, At this stage of the case the Court proposed to adjourn. r. Carter, of counsel for defendant, stated that he had just received a telegram from Washington, dem «nding iis presence there on the following day in an argument belore the Supreme Court; he could ot posstdiy id ihe eaagement. Counsel lor plaiatht suggested that Mr. Carter Might be ane to secure the assistance of a sabstl ture. A suiggestion was thrown out that, in view of Mr, Caru absence, 16 Would be proper Lo let :his case go over for one day. Judge Siiyman said he cold not do that. Ifhe could be assured that the case would finish @ week Saturday he might ve saitsied; bat he ving requests to go upto Connecticut to try cases tuere. He had got such a request this moruing, and, no doubt, he would receive another such request to-morrow. He could not postpone the case tor a day. ‘The case was then adjourned till this dey atone o'clock, to enable one of the jurors to atieud a sale of property tn wien he is interesied, ‘The juror re= ferred to promised faithtuliy that he wouid be im Court at the hour fixed for its sitting. ‘te Equity Calendars Judge Woodrny led over the equity calendar and set down days for the hearing of causes, UNITED STATES Dis TaIcT COURT—IN BANKAUPTCY, A Petition Dismissed. + Yesterday, in the matter of Louts T, Bronnell and others, in which a creditor charges as an act of bankruptcy an assignment made by the alleged bankrupt to one Leach, and to which assignment the petitioning creditor assented, Judge Blatch- ford holds (iat this assent estops the petitionel from making the assignment a ground for declaring the assignee an involuntary bankrupt, Petitom dismissed, With costs, URITED STATES DISTRICT COURT—!N ADMIRALTY. A Collision Cruse. Yesterday Judge Blatchford rendered a decision in the case of William M, Peck and otuers vs, John Brown and others. It wasa@ suit to recover the value of the b: Ozarina and of her charter money for @ voyag: ark Was iost by @ collision With: on the Ist of Septeaper, 1864, ‘Li the steamer Kedar, about two huadred and torty miles trom New York. ‘The Czarma was sunk with her cargo, but the crew Was saved, ‘Ine Judge deciaes that th With the bark, and dismisses the libel with c UNITED STATES COMMISSIONERS’ COURT. Stenlin b pwspnpers from the Post Office. Before Commissioner Is. The United States vs. Robert Burke.—The de fendant was heid to await the action ot the Grand Jur y on a charge of having stolen exchange news- papers out of the Poss Onice box of a weekly Journal publisaed im this city. COURT OF COMMON PLEAS—PAAT I, Suit Against the Adams Express Companys Belore Judge Robinson and a Jary. Henry dei et al. vs. Willam 4%. Dinsmore, President. —In April, 1870, Clark, Biddle & Co., of Philadelphia, bought of the plaintiffs, who carry on the business of jewellers in Malden lane, in this city, a quantity of jewelry, including two unset dia- monds, valued respectively at $1,70u ani $800, The goods were packed 1n & box in piaintits’ siore, and delivered at Adains Express omce in his city to transported to Philadelphia. When the box was opened by Clark & Co., In Phila deiphia, it was discovered that the two diamonds were wanting, and plaintuts now sue for the re- covery of ther value, clalmtng that they had been either abstracted or lost while the box Was in pos- session of the employés of the express company. The detendants atlege that the diamonds never were delivered to them, and that the mistake In not putting them in the box must have occurred while the articles were being pocket in plaintifs’ store, ‘Lhe case 13 not concluded, COURT OF OYER AND TERMINER. The Stokes Farce—Judge Cardozo too Much Engaged with His Own Affairs to Vry the Case. Alarge crowd had collected outside the Tombs at an early hour yesterday morning in expectation of having a look at Stokes, on his way to the Court of Oyer aud Terminer. They were, however, doomed to aisappomtment, as the Sherif Lad been tntormed early yesterday morping wiat it was not necessary to pring Stokes to Court, as Judge Car- ozo would pe unabie to come down. ‘The Jucge 1s so much absorved in the judiciary investigation that he could not come down to ury the case. ‘The Court of Oyer and Terminer was only for- mally opened and adjourned, A large crowd had also collecced in the corridors outside tne court, in hope of seeing Stokes, The general beliel for some time was that it was only @ dodze to divert the public attention froin the case, and accordlugly 1% was la‘e before tne loungers dispersed. It 18 pro- bable that tbe trial of the Grand Jury will not pro- ceed until the committee of invesiugution have concluded their labors, as far as Judge Cardozo 18 concerned, SUAROGATE’S COURT. ‘the Belden Will Case. Before Surrogate Hutciugs. The Belden will case was called belore Surrogate Huichings yesterday. Winchester Britton occupled the entire time in summing up the case for Mrs, Leichardt. The couns sel or the contestant asked fora postponement, and Surrogate Muteoings set down the case for iwelve o'clock on sionday next. Mrs. Let it his not appeared tn Court since the testimony regarding the relation between here self and her d used Uucie Was given, COUNT CALERUSAS—THIS Day, Scprewe CounT—SPEciaL TeRM—Held vy Jugs Ingraham.—Nos. 1A, 138, 139, Laz, 127, 145, 147, 148, 149, 154, 122, 167, 153, 169 160, 161, 163, 165, 16534, 166. SUPREME Cow Baraard.—Nos, SUPREME Van 32. —CHAMBERS—Held by Judge 89, 141M, 337, 1263, 275, 1277, 12 for the term. Surgkion CounT—TaiaL TERM—Paris 1 and 2.— Adjourned for the term, lela by Judge J. 8, COMMON PLE. F. Daty.— Tay 08), BLD, 2107, 764, 1015, 1249, 893, 906, 980, 106534, 1505, 1529, 1268, 1264, 1:71, 1076, 902, 1046, Part 2—Lei vy Judge Loew.—Nos. 932, 787, 1200, 1260, 1179, 1280, by + 1298," 1290, 1300, ' 1304, "1308, —TRiAL ‘TeRm—Parts 1, 2 an Adjourned for tie term. ; BROOKLYN COURTS. SUPREME COUAT—SPECIAL TERM. A Cortested Election Case. Before Judge Givert, Mr. John P. Dougiass claims the seat of M% Andrew J, Foster, wno received the certiiicate of election as Alderman of the E! ard, Mr. Foster's certifjcate sets forth that he was elected by & majority of one vow. Mr. Douglass has vroughs SUIS LO ObTAIN possession ot the oflice. Yesterday nis counsel, Mr. Goodrich, applicd to tuge Giipert tor a ay the ead Tiglit given by Lue 162 IL appe to the Court “tnt a jair and impartiai ial canoe be had without a ‘struck jury’ or tidy the imM- portance or intricacy of Ue cause requires such & jury.” Such a jury is obtained by the County Clerk or Commissioner Of Jurors selecting frou tie jury lists the names of forty-eight persous whom he con Siders most Indifferent and best quautied, Then the counsel of tie respective parties engaged in the suit alternately strike out names anu! twelve have i by each, The twenty-lour remain umoued @ jury of twelve 13 selected from them, Mr. Goodrich thought that a suMcient reason for “struck jury’? Was the tact that tbere was a ver! ange nui ber of witnesses Lo be examined on bot sides (nearly five hundred), and it was Maportant to obtam a jury that would agree on the first trial, In order to save expense to the county aud parues engaged. ‘ ‘Morris contended that a jury could tbe ob- wat in the usual way which would as readily agree as a “struck Jury.” ‘Decision reserved. Decisions. By Judge Pratt. David A. Youngs Caspar Roffman.—Motion denied, and plant? allowed to amend on payment Of $10 Costs, und $10 Costs Of this motion to be pald and simmons amended in twenty days; otherwise denied, with $10 costs, George Talcott vs. Oliver Arnold et al.—No costs allowed on appeal (rom order, except disburses* ments, Long Island Railroad Edwin Van Gassbeck vs, Compauy. Spme decisions wet ry —lleld by Judge, 170, 127, 12 iy