The New York Herald Newspaper, March 2, 1872, Page 8

8 MAYOR HALL. PPENING SPEECH OF THE PROSECUTION. Vas the Mayor Guilty of Wil- ful. Negiect? eview of the History of the New Court House—low Much Money It Has Cost and Where It Weat. Tho trial of Mayor Hall thas advanced anotner Alep, and the case of the prosseation is now fairly { opened. There was not muvh excitement ta Court, however, yesterday, and the awélivace was some- ‘what united fn numbers. OPENING OF MR. CLINTOY. Alter the Court bad beea openel Mr. Honry L, Clinton sard:— May it picase the Court, Gentlemen of the Jury— | Bau. and mournful 1 the spectacte his day pre- | gented, The Cates Magistrate ot your city ts on trial Delore @ criminal Wivdaal, charged with an ottence | Of a most serious Magnitude, Ihe be gujity the dis- grace falls not alone on him and those near and dear to mim, tis island, Lf he be not innocent his gut of infamy overhangimg this city, fate, aS im the fate of every individual, however buinbic aud obscure, arratgaed lor trial ai the bar of tis court, the people wike a Geep und aviding interest. If wrong and injustice ‘bo doait Out in ourcrimtaal tribunals vo the most unimportant individual in oar midst an outrage is iudicted upon the wnole community. ‘Tu the tate of our Catet Magistrate no one can oe indiffereas ‘The law, while it lavests him with dignity, clothes him ‘Witt protection commensurate with his nigh oMce. But, higu as may be his Oficial posilioa, it 1s not hhigner than tue law; cievaied us he is, he Is not Above the law, fiance the criminal law, Justice, blind though she has been too Jong, Will lay her hand upon tim with | ‘as firm & grasp as upon the meanest and most lowly othe lund, Not oficial roves nor weaith will pro- ect; those who Mock to the Temple of Justice will Jocis tu Vaun ior Lie Laseription on 163 portal; — Plate win with gold, ‘The strong lance of Justice hurtices breaks: Arm it in rags, a pigmy siraw doin pierce It, Gentiemen, with me this day begins the most pain- fut ducy of my ute. Since first 1 met the deiendant e thus bar and was itroduced to him by the late ‘. 6. Blunt, then District Attorney elect, as Nis ap- potniee for the office of Assistant Discrict Attorney, shore tuan twenly years have rolicd by. since bon, wien we were both young, ofvea have present, opposed in varlous cases, not o them surpassing, M not equalling the A deep, stern sense of duty only coula Induce Me to appear here as the prosecutor of one | who at this bar has so often and so successfully prosecuted o:her: And I must regret, gontiemen, ‘tha: Guriug the preliminary exarulnation of jurors An (nts Case an atiept Was made to require you to believe that on the part of any counsel cun- mecteu with the prosecution motives Ol personal an mostty existed, So far from that, ul kaow my own hearg i have not any personal il-feeling whatever in respect to this defendant. [ wil disguise nothing from you, geutlemen. though we bob ariy—he tO one bran ast year or swo, 1 have opposed hun and those connected with a: caLed the Tammany King. i have denouocea that organtzation and -£ have maae many spoecues in tis city upon that Budject; bu’ sv far as any personal Ll!-feeling 1s con- cerned, L never entertatued it towards him, And It ‘Was not uuul yesterday that | knew or had any rea- gon to believe in the existence of that which, were he not on triat, { snowld aimost cail a petty matice Or childish spite on his part, J regret the exhivi- ton ol it, and I assume that the counsel dia him tn- saree; lor 1do0 not Wish the detendant to appear Tore you in this casc wlin aay such prejudice against imsetl as conduct like that Would give occu siuu to. I therclore azk you Co dismiss that [rem your mind and not tw atiribule to tis defendant any Of those littic Jeciings of petty malice or apite watch you Would suppose to exist from tne conduct of One of m8 counsel, Look at him, geauomen, as a persoa Charged with an offence entitled to a fair wad impartial trial at the hands of a@ jury of lus peors; and, although we may think tat the other | Gide, in some respects, may have comunitied errors in regard to the scenes which have becn enacied before most of you, yet if tuey are calcutated to Fahd Tise to any prejwhes agamst this deteudant [ ust you Will dismiss it entirely from your minds. T come petore you, gentleinen, at the request and by the appointiucat and desiguation ot the Attorney General of the State. My associates occupy the Bame position. bus on a milion of people upon | It he violate iaw, if hie set at de- | 1 will mut deny that al- | It 15 & position occupied py His | Rouse, meer the year 1870, dollars, had been annually voted, with the excep- tion of 1861, But we have not reached the end. in 1871, Session Laws, page 1,263 ani there is & provision for @ further sum of $760,000; this sum to be paid gamder the direction and super- vison of the GUommissioners under the pro- visions of section 11, chapter 282, of the laws of 1870; that Is to say, the charter of 1870 had passed, | and a special commission had been created for that purpose, And who had the appoiutment of this commission? Now the work Was to be done in car- nest, A charter nad been passed conferring tus power on our Mayor of appotating the commission, Who were to se@ that the work was tobe done. ‘Thus tne man of all others tn the city and county of | New York individualiy best fitted for the task was | Selectod—A. Oakey Hall, the Mayor of the city of New York, The $750,000 which was thus to provide and to be pald by the Comptroller, was to be paid on the certificate ot there ive commissioners appointed by Mayor Hall, He appointed them and the duty was cast upon him by law to see that they faithfully pertormed tueir duties, Altogether by this time the Sums thus appropriated amounted to $6,200,000, You would suppose that that wag enough, and that the Mayor, who himselt was chargeable with a knowiedge of these various statutes aod if opLoriunitics should be aforded I would like, Wien the proper Lime comes, to ask him whetoer he drew any of these statntes—you would SUPpOSe that the Mayor would ue some caution | Wien bills for those purposes were placed belore | him co andit, or warrants to sigu, before authoriz- | Ing any further expenditures on this Court House. | Just-think oft! ‘Jae mterost on these various sums | wiuch has been atready paid by the city has | amounzed to $1,800,009, making IM all $8,000,000, There have been paid, im addition to these enormous sums, what amount do you think? I called your attention to the $6,000,009 ap. propriated by tho Legislature jor tila spe cife purpose, In addition to that there Were paid in the years 1839 and 1870 another | $6,000,000, upon warrants signed by the Mayor and Comptrotier, so that, at the present time, this county Court House, not worth $3,000,400 with all iis furniture, has cost no iess than $14,000,00, and the | Interost on it ts about $1,000,000 a Year. We actually | pay more yearly in the way of luterest than tne | Court House wogld huve been worth haa iv been | completed when it was intended that t shonld ve. If you gv on and) pay that sum annually untit the | Donds should be paid, | presume tt will cost nov less | than $25,000,000. , My next proposition Is Unat the duties of the Mayor, enjolued by law, tn refereace to the Claims specified ia the indictment | forbid tho pronapkity, the = pos. | | sibility, of the — minoc the de- | jfendant in relation to the subject matter ; embraced in the Indictment, What were hts du- ties? He entered the o!ce in 1660, and oa the Ist ; / of January he took av oxth of ofice and swore he | Would discharge the ducios of tno oice to the best of his ability, and called Heaven to witmess that he | would fatihiuily disenarge the cuties of that post- tion, He knew the case, and had not the excuse that a man nol @ lawyer contd have. He perfectiy understood his dutios, which, according to the chars , ter, were lo communicate to the Common Council, } @t least once a yeat, a gencral state ment of the finances, &¢., of the city; to recommend neccasary measures for adypuon, tv be vigliaut and active im causing the ordinances of the city and the laws of toe State to be executed and enforced, and for shat purpose mignt call togeitier all other heads of departments, and generally to perform all his duties in conformity with the Jaws of the State, and to be responsible for tne good order and emi- Clent government of tho city. Mayor could be reSponsibie for the good order of the ; city. Noone but the Mayor had the power to en- } force the law. Jt is theretore right that he should | use more than ordinary vigilance upon that subject. As Mayor, he was appointed # memoer of the Board | of Audit. Now, gentlemen, were nis d ities minis terial, to use the phrase we have heard so much? | By ministerial we mean something clerical, It a | clerx of a court has to adiniatster an oath and go through @ certaim torm, we call that a ministerial | guy. But were the duties of the Mayor of this nature, in respect to the signing of | Warrants? All the warrants that were to be paid | Since the year 1869 were signed by A. Oakey Hail. | All these extraordiuary amounts in '69 and %70 | Were paid uson warrants—signed by whom? Icall | Your ateption to the fact that belore he audited, or falsely «crtified he had audited, the claims specified in chis tndiotwent, he had signed war.ants tor the paytnent ot fabutous amounts in connection with | this same subyeot; aud, therefore, he mast have | Knowa that there never was any such just claim as | that specified in the indtetmneat, What were his duties In respect to Sigaing warrants? ‘To guard | against {raud by vigilance aud activity, And had | he the power to guard against trand? Most clearly ; he had, 1t was certainly his dyty to examine war- ; rants when presented to him. We can exense ; ® mayor in respect to carelessness in re- | Spect to routine matters if he had nov , scrutinized them~ with extraordinary cars, But such matters are all in the oramary course of vt Honor upon the bench, who bys request Of | ness, They include the pay rola, for instan the sane high Ollicer, ag weil as by the ; which come in on certain days of the month, and ¢ Fequest of inose connected with the Court respect to such warrants he would sign them rap- of General sions, Kindly consented to | jaiy, without auy great examimation, trusting a leave the attics of the Court of whicn he ts the Bovered Chel Jusuce to preside over your deiwp- @rations here. My associates and myself, aesignaied by the first law officer of unis Stace, the Attorney Ge fess.onal geutieinen to conduct this case, did not feel at liverty to a ne the high duty tuaposed upon us. 1 know that none of us wil sairink from that duty, but at the same time we will d arge i forty, honestiy, faithfully and impartially NOt disguise, geutlemea, the peculiar stination of alfairs lu our city Which have given rise to this pros- ecution, and wale { would desire to keep, poliites &s far as possipe out of this case, yet we cannot ignore that which we ali know, that a great rejorim Movement sweplover tus city like @ turnato, up- fooling miamous abuses of long standing aad scat- tertug ty tie jour Wiids tie conspirators against tue public Weilare and the public treasucy, We all Know that during the iast summer this community was astounded vy the the cny treasury of a mo And it was Well chat the publication was made, for im | very lew years, at te rate We were progressing, Uns city would have been bankrupt aud you would hot have owned the houses in which you lived, to Bay noting Of ihe demoraiization w hich was spread- dug throughout ibis community, On the Ist day of danuary, 1569, the city and county debt of this city 0%; On tne Ist day Of January, 1579, 3741 OY; ON the ist day of ASE to $73,873,552, and on September 4 it nad increased to $97,257,525 08. At the rate une increase of tae public debt was golog on, assuming that re cily property douvied m ten | years, it would have taken but ten years for | ishavle as herein provi The object ol thatsec- Uat debt to absorb ail the assessed property, | tion ts to provide for any case of delinquency of this | reat and personal, im this cily; im tweive | kind, and all that is necessary to prove 1s a wiltul | yours, lad the debt increasea double in | negiect of duty in the particulars set forth m the 1 two years—in it was doub! every year and | dictment. ‘There is.auother section, next to thatse ® hai—it would have been greater than all tne | tien, which is as follows: —“Where the performance | property in tis Sta.e, and mad it mereasea tor | of any duty Is prohibited by no statute, and no peas eighiven years at tnat rate it woud have been | alty for the violation of such statute Is proposed, €reater thin tue assessed value of all the property, | either in tne same section contaming such pronibi- real a personal, in the United States, No won- | tion or in any other section, the doing of der, the! re, gentlemen, tuat the puvlic attention | snch acts shell be deemed a misdemes ide ‘Was aroused by tis state of things; no wonuer that | Mr. Clinton then alludod to the case of ine Charges were mate. And, while these Charges were Wvde against certam officials, I ask you, gentic- men, not to visit upon this detendant any prejudice arwing from that fact; not to viet upon bim the couse ny further than we are permitted to Prove in evidence under this indictment o18 connec- Con With one of those frauds, It will be Impossible for me to present this case properly before you, tt Wiil be impossinie to do Justice to the people or to the defeadant without calling your attention to the Jaws cluthing him with certain powers as bearing Upon the question of the discharge of his duty in the particular case set fortn in the indictment, You are ail aware that in 1870 a democratic Legisiature Of both branches ana a democratic Governor car- Tied on this State government, that Curing that year a charver was passed, and for the purpose of showing the opportunities the Mayor had to ascertain the existence of the frauds, and the parttcuiar fraud charged in this indtctment, tv Will b@ necessary for me to call your attention to the powers with which that charter clothed hun, Thai was a most extraordinary charter. You have hourd huch about it. Some of its provisions were Bot up for the express purpose—first, to cover up Past iraud; second, to enatne those In power to commit new ones; third, to prevent the people electing new ruicrs, and fourth, to protect from punishinent those who nad’ veen gullty Of the frauds. Inthe observations whten I wili sub- oti to You, as they are necessriuy not as brief as in ordinary cases, for the purpose of being orderly 1 @hall endeaver to observe tne following outline or heads, aud shall address myselt to the following es cerondios shall first direct your attention to be extraordinary opportunities the law afforded the delenuant to ascertein about the frands con- nected with the Board of Audit, the claim specified @n his indictment and kindred frauds connected with that Board of Audit; secomily, I shall ee to show you tat the law gave the de fendant opportunity, apectal notice of the fraud tn regard the County, Court Mouse, in- cimaing the fraud aspecified in this indict. ment; third, I shall call your atteation to the “Quties of the Mayor enjoined by law in reterence 19 the alieged ciaim specified In the indictment and Kindred ciaims; fourth, I shall call your attention wing that the defendant must nave , 1m point of law, d.d know that the Claim set forth in the indictmeat was fraudulent, if Bol altogether fictitious, and he wiliully and de- | own guilt, Iiverateiy ouiited and neglected ag a member of | M to lacts known, an tue Board of Audit to audit or examine the sume, ¢ Mr, Citnton proceeded to discuss the first propost- tion, contendiug that the Mayor was Invested with powers that mate him an emperor. Not even the judge upon the bench could receive his s@lury ua- fess the Mayor sigued the warraut, when 1, as suitable and proyer pro- Wecan: | tosures of frauds upon | You are also aware | Mr, Cunton (nen reviewed the various appropria- those woo audited them and who had signed them | before tney were presented to Nim. But even tn | | Fespect to these clains It was his duty to examme } them, and especially If there was anything to lead to suspicion that a fraud was being perpetratca. | Mr. Clinton then referred to the case of the Feuple | against Mayor Wood, Barber's Reports, volume 45, ) page 653, where Mayor Wool had relused to pay a claim, after it had been audited, on the ground that it was orbitant and frauduieat, The Supreme | Court had held that tie Mayor was fully responsibie | | for the justaess of every paymeat, even though It | had been passed by subordinate officers, Mr. Clinton coatinued—We charge Mayor Mall | wita faiture in Mifiling the responsible daties } Which the law thvust apon him, Ihave shown you What Was t's duty; thet there was no pretext for not per‘orming that uuty; that it was of that char | acter that he Dad no right ‘o shrink irom the per- | formance of 1, and | have shown you that innocence could not be supposed poss:ble in the case. We | now come to our fourth proposttiou—that the tacts | wil show that he must nave known, and in point | | of fact did know, thai the claims set forth In the tn- dictment were fraudilent. There are two sections of the Revised Statates which provide for cases of | this kind. ‘The first 1s found in the Revised stat- | ies, volame 2, page 603, seciion 38. ‘ihat is the | section under whica this mdtctmentis framed, and | Teads as follows: yhen any duty 1s or shall be | enjoined by law upon any public officer, or upon | | aay person holding any pabite trust or emplor ont, | every wilful neglect to perform such duty, waere no special provision shail be made tor the punishinent | of such delinquency, shall be a misdemeanor, p Peopie v4. Bogart, Bogart was a pole justice, | & man of intemperate Hanits, who had fated to | serve @ notice of having given’ bat! to the District Attorney (Mayor Hatl at that time), aud who had | been convicted by Mayor Hall himself, Mr. Clinton | continued—To apply this case here, it Mayor tlall did not mtend to audit and examine these and other Claims before the Board of Audit, then lie is guilty of a wilful and deliberate violation of the law. And | if he tended to audit and examine theze claims he would certainly have done it, and the fact that ha was not prevented, except by his own volition, was ail that was necessary to prove his guilt. Mayor Hal) deliberately violated his duty it was further to be said that no charitable construction could be put upon his conduct. Mr. Clinton then followea out this pomt at great and exhaustive length, atter which the Court took @ recess. AFTER RECESS. i Mr. Clinton resumed hts address to the Jury. ‘The omission of duty on the part of the defendant was —” which it was important for {bem to con- sider, It would be claimed, no aount, that the Board of Supervisors tuat ceased to exist in June, 1870, which was superseded by the uew Board, nad gudited various county claims, which the new Board had allowed, But no such claims were audited by the Board of Supervisors. In law and in fuct was the Mayor chargeavle with a knowledge of What the old Board of Supervisors did, for, nomi- nally, he was ® member of it, use he could velo or spprove the resointiona and ordinances passed by it. It would appear in proof that at the time Mr. Hall signed the warrants m payment of claims before the Board of Audit he did not do tt in those days when he waa harassed with routine business, bnt that they were signed on otuer days. Jt would also appear inat he was particular to a greater or less extent in regard | to warrants that he «id sign, If thay were made out accuratety he sent them bac tor correc: tion. ‘The idea that a lawyer of tweuty years’ bertence had not the power to ascertain that wht @ child would KnoW Was preposterous in the ex (reme, ‘The law required that bills presenied to the Board of Audit should be verified by aMidavit; but Without evidence that Board patd out $6,0 Upon grossly extravagant, if not altogether fe- lions clay Grime Was as ceriain to be derected as there Was a God in heaven, and those whocom: | mitted crime usually furnished evidence of tnetr | This was the fact ta tits case, r. Clinton discussed, in scathing tering, the reso- | Jation introduced by the Mayor into tho Audit, asserting that It waa ingeniousiy wo a4 to Cover Op Lie real object of robbery. no evidence of che genuineness of the claims, no oath but the bare signature of Witltam M, Tweed, | Ps for the completion of the new county Court House, | | orous demand for No one bit the | 1 an rei, when (he former threateued to take the live of ; the latter. Iprequired | and control; that tus duties were on uerical; that he had = nothi do. but sign his pane and permit unlimited amounts of money to be drawn from treasury, Was there ever such a monstrous doctrine pat forth? ' How any man outside a lunatic asylum could write such langnage was a puzzle to him, And it came froin the shrewd crimial lawyer and the keen poll- ficlan, wio was clothed with imperiai powers. The phrase in the message “keeping faith” meant with the thieves who were banded fogetner to plunder the city treasury, | Mr. Burrill rose and objected to the connsel com- menting upon a document which hed not been pre- sented to the Court and jury, and in regard to which they were in entire a Jained that the counsel defamed and vilifed the ayor in a Manner in which a common pickpocket Would be disgraced were he tried before a Pow , Upon the dignity of the Court and His Honor ought Me @ stop to it. (Applause in conrt,) | Mel Justice Daly said:—I announce once for alt | that in the trial of this case ifany person indulges in Spiiause 1 will ordor him to be taken into custody. That spectacie will not again take place in this trivunal, 1 have the power and will exercise it. His Honor suggested to Mr, Clinton the propriety of Avoiding Comment apon the message until the ques- tion of tts adiias)bility in evidence was decided by the Court. - Mr. Cilaton continued:—In 1860 Mr, Garvey re- cetved snims amounting In the aggregate to $523,000 nominally for plastering and repairs im the County Conrt House, In 1870, between January 10 and Auoust 12, there were warrants drawn and pay- Inents made to Garvey amounting to $1,338,642 Among these claims alluded to were claims or Mr. dngersoll amounting to over a aniltion, ln 1869 there were paid to ; Garvey, Ingersoll, Keyser and others, upwards | of two millions, and in 1870 upwards oi four mil- lions, and although colored and disguised under Gitferent headings, they were ail for the account of the Court House, because all other buildings had been speciaily provided tor, Onthe question of in- | lent, a3 lo whether the Mayor knew that these claims were iraudulent, aud as to whether his at- tention was calied to the enormous magnitude of these sums, We have his own confession i his mes- sage that he was struck by their Vastamount, Then it must be remembered that the Mayor would not airect the publication of the accounts atter the Comptrolier had ty a to do so, in spite of a clam. enn. Mr, Clinton concluded as follows:—To you, gen- tlemen of the jury, I say—as 1 said in convention last fall, Whea tne pleasant and agreeable duty de. volved on me to nommute for another term of judicial service the able and distinguisned jurist who presides on this trial, who for over a quurter of ® century has worn the ermine without spot or blemish—in times like these, When corruption, Uke the pall of death, overhangs our city; when fraud, brazen with saccess, defes a long-suffering, patient, plundered community; when larcenies ate con- ducted on a scale of imperial apiendor; when for- geries i in the bosom of justice; when amateur burglars convert the very temple of the law into & theatre for the exercise of their skill and daring; when the signs of tho times are read by the light of burning records; when names of high officials are encircled with a halo of infamy, our only hope is in an upright, independent judiciary and an honest, fearless jury, The cyea of the people of this great metropolis—the tirst city of Amer.ca— are upon you, The attention of the people of this State is riveted upon you, This whole nation’ 13 anxiously awaiting your verdict, The deep interest of not alone this nation, but of every civilized nation ol the globe, in the result of this trial must admonish ‘ou of the importance of the rendition ol a rue vordict; a verdict which will show to the world that you have indeed been true to the great publio interests tnvolved in ths case; true to the law Whose ministers you are; trae to the canse*of pub- Ite justice committed to your keeping; tru> to your. selves, To cach of you I say— ‘To thine own selt be true, And it must follow, aa the night the day; ‘Yuou oxns't not then be false to any man, or to the community tn which you live. The Court thea adjourned until Mouday morning at clevou o'clock. THE MULBERRY STREET BUTCHERY. Official Investigation Gefere Coroncr Herr man—Know Nothiog Witnesses—Verdict Aaninst tho Accused. Nover, perhaps, in the history of Coroners’ inqui- sitions was amore complete set of know nothing witnesses called to make out a case against an accused party than appeared yesterday aiternoon before Coroner Herrman, at the City Hall, in the case of Giovanni Patrilla, the Italian, late of No, 87 Mulberry street, who diea from the effects of a slab wound of the abdomen received at the hands of Michael Rosa on the afternoon of the 224 ult, ‘The first witness called was the widow of de- ceased, and notwithstanding she was present at the fatal affray and witnessed the struggle between the Parties for possession of the knife, she did not see ber husband stabbed, although he was fearfully cut in haifa dozen diferent places. In fact, from the manner In which she gave her testimony, it seemed as though she was anxious for tne prisoner's ac- quittal, aad this feeling Was greatly increased when ii became known that Mrs, Patrilia had instracted her little dangater, elght years of age, now to tes- uty when catied to the witness stand. Four or five other persons who saw the fight from the commencement till 16 was closed could bot testily to the stabolug, and sald they saw nothing of It, although they all ovserved the men straggung for possession of the Murderous weapon, and saw the blood flowing frecly trom Patriila’s wounds, Subjoined wilt be found a condensed report of the testimony eitcited and the verdict of the jury:— Maric G, Patrilla, widow of deceaged, Was sworn and examined through an Interpreter, and testified that on the afternoon ol the 22d day of February her husband apd another man quarretied in the rear yard of the tenement house 37 Mulherry street; that man was Michael Rosa, and he stabbed her husband with a knife; saw the Knife (shown); prisoner saw the witness in the yard with her little boy, who had ! some buttons on his snirt; Rosa asked the witness for the buttons and she said no; ceased came down stairs and p monstrated, whereupon deccased knocked him down with his fist or by a blow from his 100t; they then clinched, and during the scuMe the wit- ness endeavored to separate them: a knife was then produced and @ struggzie ensued for its possession; don’t KNOW Who first used the Knife, but saw not! Ing of the stabbing; never saw the knife before; saw biood on her husband when he waa in tne yard; she also had biood on her, which came from her husoand; in the nouse deceased said he was stabbed, but he said not much more; the witness and deceased lived happlly together; deceased was @ Jealous man; but particularly so of the prisoner; prisoner did not take any liberties with the witness, Louis Cappannart, of 37 Mulherry street, deposed that he saw a quarrel in the yard between deceased and prisoner; Patria struck Rosa first and Knocked him down; then saw aknite, of which they both had hola with their bands; dit not see elther of the men use the knife. Raphel Barri, of 87 Mulberry street, saw the fight In the yard; deceased and prisoner were struggiing for thé possession of a krile; saw blood put not at that time de- ned Rosa, who re- | see the stabbing, Wich the jury thought surange tudeed, Antonio Cohkl, a voluntcer witness, who did not sec anyihing of the fatal quarrel, testified that some four montos ago Patritia and Rosa had a quar: ONicer Dorsey, of the Sixth precinct, testified that after the stabbing he went in search ot Rosa, and atter @ thorough scarch fond him concealed in the cellar of premises 39 Mulberry street, and subse- quently prisoner was taken to the Centre Street Hospital and identified by deceased as the man who hart stabbed him; deceased also identified the knite as the one used by Rosa; subsequently questioned some of the witnesses, from whoin he understood that they saw the stabbing or the fight which led ading the ante-mcrtem examination of deceased and areport of the post-mortem examl- nation Coroner Herrman submitted tne case to the jury, Who renderea the following VERDICT: “That Gtovanni Patrilla came to his death by a stab wound of the abdomen, inficted wiih a knife in the hands of Michael Rosa, at No, 37 Mulberry street, on the 22d day of February, 1872." Rosa, tn hia formal examinauon, siated that he ‘was twenty-five years of age, born in Italy and a laborer by occupation, 5: He was then committed to the Toms to await his trial, Four of the most important witnesses (with the exception Gi Lhe widow of deceased) were committed to the House of Detention by Coroner Herrman. Tae BANISTER ROBBERY IN NEWARK. Arrest of the Robbers and Assailants, y yesterday morning, between one and two o'clock, the-police of Newark succeeded in arresting four of the desperadoes who boldly entered the jew- elry store of Mr. George H. Banister, 504 Broad street, Newark, last Monday night, ana after bru- tally beating proprietor smashed io his) showcases and escaped with about one thousand dollnvs’ worth of watches and jewelry. Stung by the public sentiment, which set the eflicacy of the who was aco-membcr of (his Board with Mr, Hall, | police force ata very low grade, the police set to Tue amount of property destroyed in tw July rh 3 work and proved themselves not worthless, Detec- w account of the Court House up to 1969, aud | was only $2,000,000, but here was six apitilons of | tive Andrew McManus and Mr, Becker made a OE as follows:—Up to Hat time the | money stolen through the connivance of this Board | thorongh examination of the situation, and soon Muopey was to be paid subject tv the approval of the | of Audit. There was no record of sich @ robvery | resolved that the ruilans were Newark architect, But tnig bill hag the iollowing supervise | tn the bistory of civilization, and it would not be | desperadoes, and not, as at frst supposed, raiders 100: ‘he money shall be paid by the Uomptroiler mitted in any other city In the worla but New | from New Yors, Thetr villany was done in too 0 bills aliowed by the Board of Supervisors.” The | York. The Mayor sent lu a message to the Board | bungiing a manner for metropolitan “eracksmen,'! Moment it thus gotinto the Comptroller's hands it | of Lin peas mel August 16, i871, 10 which he fur- | Their surmises proved correct, and seat ig assumed an eternal, perpetual Jorim of expenditure. | nisned evidence ol his guilt under the indictme ht, | ea yesterday morning, accompanied y When 1 reached ~, und the bills were to. be | quoting section 4 of an Passe by Legisia- | & large force of police, head by. the audited by ihe Board of Supervisors, among Whom, | thre, providing that ‘ail Hiabliities agaiust the chief, they effected tie arrest of jatthew erctiel among whom, Was Wiliam M. Tweed, it | county of New York meurred previous to tae pas | Finnegan, Mike Carr, James Farley Would seem by these ‘vartous statutes that follow Auat no progiess whatever was made toward ending shail be mudited by the Ma resent President of the Board yor, tot sage of this act Ovimpirolier aad Uh expendivure. in isu#, according to the Session | Supervisors." ir. Clinton contended that the Laws, page 2,113, another provision of $600,000 was Gonnty Court House claims Could not have been Ine mase,” And what was that for? Preetsely | cluded in that section, because they had been ane sume thing the year belove for the oomple- | provided for by especial appropriation, and ou, iting cp ond furaisning of ye pew Gout Line im bad forpidgen Unek Avolaes dolar a George % Schumacher, Carr, who is an ex-pugilist and who keeps a low groggery in River street, has been identified by Mr. Banister as the principal as+ sistant. The others have also been identified, The; were brought up for examination yesterday an Sew Ucld to @walt fhe acuou of the Grand BS} ignorance, and come ; | shocked by the interruption, Argument of Counsel for the Prisoner. THE CASE TO BE SUBMITIED TO-DAY ‘The court room of the Oser and Terminer was crowded yesterday, it being supposed that counsel for Stokes would conclude his addreas and that the cae would be submitted to the jury and probably a decision arrived at before the close of the session. | This was not the case, as will be seen by our report of the proceedings, counsel only concluding his pro- tracted addreas at the time of adjournment. The : argument of counsel toa great extent was charac. —an he de- lice Justice. Such a line of remark trespassed | senenn oy me tee pigensdagibieiit Menges 26 ceased, and naturally, on that account, a eulogy upon the alieged murderer, Counsel’s effort, how. ever, in this direction, apart from its effect upon the Court or jury, was ill-tlined with the audience, who hooted and hissed his attempt to excite a sympathy for Stokes, the accused. The address to the Jury was mace by Mr. McKeon, who, after speaking of the efforts made by the de- Ceased to have Stokes indicted for conspiracy, added that the man whom he defended dare not foreshadow his deience. He dare not even give a hint of what the course would be which counsel would adopt when it came toa trial for life. If he did so perjury would be procured against him te an extent that no one dreamed of. “No ono,” said counsel, “has any idea of what Stokes has had to suiter,” and, turaing towards Stokes and laying his hand upon bis shoulder, ‘1 believe in my heart that this man 18 a3 innocent of the charge brought against him as anybody in this court room.’’ Here there was almost A YELL OF DERISION from the gallery of the court, The counsel turned round excitedly and faced the crowd. ‘I'nts mob,” he said, “can have but Little Soetn 10 their breasts when they give that yell, This 18 the (eeling that we have to Contend against; this is the same mob that nas raised the cry against our unfortunate client.’ Here the counsel glowered at the andieace, who dia Rot scem to be at alt mtimidated by the severity of his countenance. dudge Cardozo—If this {nterruption ts repeated I ‘will clear the court room of everybody except those immediately connected with the case, When bis counsel turned towards him Stokes’ face flushed up, and a self-satisfied smile lit up his countenance. When he hoard the ominous how! of derision, however, he iurned scariet. His younger brother, wno sat beside him the entire day, LOOKED THUNDERSTRUCK at the ebullitton of popular feeling. It was some time before the counsel proceeded, and even then he appeared to have been very much He renewed his at- tack on those who sought to maripulate the jury, and went in pretty strongly for Fisk’s myrmidons, He sald that there were NO BOUNDS TO THE AMBITION and the wickedness of these men. They beiteved thar they could na up and aa everything and evérynody. It was only this week that the public had an instance of this. These bold, bad men thonght thoy could wuy up the greatest instl- tution in the country, “TUE NEW YORK HERALD.” They sought to buy up and corrupt its attaché bat all saw how egregiously they had failed, an how their own infamy was so thoroughly exposed. Counsel then proceeded to state that newspaper ar- ticles never injured any man—tit was always ther own words and actions.. Counsel’s closing remarks were merely technical and principally referred to the law on the empanelling of Grand Juiies and the conditions which are necessary under the pro- Visions of the statute, Ho also quoted reports trom difterent States pearing upon the case. In reply to the District Attornes’s assertion that the plea was prepared by him (Mr. McKeon) he said that he felt bound, considering the perli of nis client, to use all tne expericuce which he had de rived from his long acquaintance with tne routine ol ihe District Attorney's ofice. At the conclusion of counsei’s speech the Court adjourned until half-past ten o'clock this morning, when Judge Cardozo will submit the case to the ury. It1s probable that the preliminary trial will e finished to-day. THE HARBOR M Conclusion of t Iuvestigation Before the Captain of tho Fort, The investigation in the case of Captain Hart, the Barbor Master, before the Captain of tne Port, J. E. Jones, was conciuded yesterday by the summing up of the evidence by counsel, The investigation has been in progress now, off and on, for nearly two Months, and the evidence taken 18 very voluminous, The main charge against Captain Hart 1s that he received @ brive of $200 from, Mr. Knapp for allow- ing the latter facilities at the docks at which he transacted business, Other charges were also pre- ferred, such a8 allowing flour and fish to rematn too long on the docks and ordering vessols out of slips contrary to law, Counsel tor the accused, Mr. Davis, argued at considerable length that there could not be any foundation for the charge of bribery, and in doing so spoke in the harshest terms against Cushman and Neiver, the two men who had been most con- cerned in the whole affair, These men, he said, had endeavored to get Captain Hart into their power and to frighten him by these charges. Alter making charges they wanted to withdraw them, and it was plain irom their evidence that they woull not speak openly and squarely. They avswered just such questions as they liked, and refused to answer such as did not suit them. They admitted that neither directly nor ludirectly had Captain Hart ever asked them to take for him or give him any money, or to confer favors upon one person more than another, and they never knew of him to have ever taken money in connec- tion with his busiuess, except the $200 wmich he had got from Knapp, and that money, which had come ihrough Neiver, was, 4s had been proved, re- turaed. Men who contradicted themselves under oath, as they had done, were not worthy 01 cre. dence and their testimony should not be atlowed to weigh against the character of Captain Hart, whose ASTER'S INVESTIGATION, reputation had hitherto peen uustained. As for the flour and nsh, the evidence showed that it was removed as soon as Captam Hart had ‘found be an inconvenience; but he (counsel) admitved that the flour nad Jain on the pler several days. He denied that Captain Hart had not done right in ordering the vesseis from the slips. Captain Hart knew that men in charge of the slips had been taking bribes to give choice bertha to certain vessels, aud when he found that the vessel In question had got a berth in violation of the rules it was his duty to order her ont. The fact that no vessel had actually so occupied the slip ‘Where the displaced vessel had latd had nothing to do with the matter, for another vessel might at any time have arrived. Counse} for merchants, Mr. Benedict, In a lo! address, explained how the position he took a the begigming he could still! sustain. With the bribery of Captain Hart he haa most to do, felt assured that the charge of bribery had been fully proved. Mr. Knapp had becn suffering great inconvenience tn his business in consequence of de- lays at the docks, and finally he called on Captain Hart with a view to secure a redress, The Captain told nim to see Neiver, ana if he would make things leasant With Lim all would be right, Neiver got 100 from Knapp, which he handed over to Hart, and Fa nego got another $100 from Knapp, ‘Which he also gave to Hart, It was admitted that Hart had received both these sums of money. Now that was ail he wanted to prove, for it could not be supposed that the money was given or received for any other purpose than to facilitate Mr. Knapp’s business at the docks. Every one kuew that persons giving bribes or receivii them dia not do ‘things openly; & man would not come up to another and gay, ‘I want to bribe you; bere is a hundred dollars for yuu.” There was usually a “ between,” and this man Neiver was the ‘go- between’? in this case. As to the returning of te money, it was strange that three months had elapsea before the money was returned. Counsel then proceeded to combat the arguments used oy counsel for the accused in regard to the other Charges, denying for the most part the assertions made by the latter. During Mr. Benedict’s address Mr. Davis offered to allow the Captain of the Port or Mr. Benedict to ask the accused any questions they pleased. Mr. Bene- dict replied that he had no o! on to open the case again for testimony, but he declined, for his own part, accepting the proposition, a he felt con- fident he had proved the pent Ks bribery. After both counsel had concluded they nad a dis- cussion as to when the addresses shouid come be- fore the Governor. They are each bouud to have thelr addresses printed, but they did not agree as lo time, Mr. Benedict instating that he should have “the last word,” while Mr. Davis wanted to see his opponenvs criticism. Governor Hoffman is to de- cide Low counsel are to act on this point. ANOTHER EMBEZZLEMENT OASE, A Clerk Approprintes $128 to Hin Own Use. ¥or some time past Mr, Leopold Schepp, of 180 Duane street, has had in hig employ @ cierk, a young man named George Weber, who resides at 21 Rivington street, A few days since Mr. Scnepp sent Weber out to colfect @ vill of $123 96, After being absent abou an hour he returned and statea that he could not see the parties of whom he was to get the money. The next day, however, Mr. Schepp sent another clerk for the money, who soon re. turned with the astonishing intelligence that the anfount of the bill had already been payed to Weber, ‘That individual was called ap, and on being accused o1 a the sum did not deny tt, Yes- vergay the parties appeared at the Tombs Police Cotrt, where a come int Was taken Against Weber, who, Ip default of 81.000 bail, Was jocked up, NEw YORK HERALD,’ SATURDAY, MARCH 2,-1872,-WITH SUPPLEMENT. THE COURTS UNITED STATES SUPREME COURT. The Appeal in the Case of the Collision Bo- tween the Katio and the Des Moines in the Obie River—The Question of Steamers Meete {ng on the River at Night. WasHinotox, D. C., March 1, 1372. No. 108. Peter Conrad vs. Hazlett & Weaver—Ap- peal from the Circuit Court for the District of Mis- sourl.—This was a libel in personam brought by the appellees, owners of the steamboat Katie, against the appellant, owner of the steamboat Des Moines, in @ case of collision on the Ohio River, in the fall of - 1864, im which the Katle was struck end sunk and be- came a total loss, and the Des Moines was slightly damaged. The District Court adjudged both ves- sels to be in fault, and ordered rg The damages be apportioned between the owners, and that each pay halt the costs, , The Circuit Court amrmed he decree. The question for consideration here 1s whether the fact that the Katie aid not display the pevaee (in Ughts witl exempt the Des Moinea rom liability for not exercising proper care when DproROnINg, another vessel at night, and 1 is insisted by the appellant that the negiect of his ves+ sel in the matter of signal lights does not absolve the Des Moines from the necessity of observing the usual laws of navigation or such reasonable or practicable precautions as circumstances should suggest. Decided cases are cited to show that ‘when @ steamer approaches an object at night and the master ts uncertain what it is he should slacken his speed, otherwise bis vessel wilt be liable in caso of collision, and thia rule, it 1s conten:jed, will make the Des Moines liable. 1. A. Broaduead tor appel- lant, F. A. Dick for appellee, UNITED STATES CIRCYIT COURT. Tho Jumel Estate Case. _ Before Juage snipman. The further hearing of the case of George Wash- ington Bowen vs. Nelson Chase was resumed yes-- terday. Mr. Carter, of counsel for the defendant, was Placed on tne stand a3 a witness on the part of Mr. Chase. He testified as to various matters in rela- tion to thelegal conduct of this and other suits in reference to the property and will of Madame Jumel, On cross-examination Mr. Carter‘stated that for nis prosessional services in the will suit he had recelved $10,000. ony Mr. William Inglis Chase, son of Mr. Nelson Chase, the defendant, was the next witness. He sald, in reply to Mr. O’Vonor, that in his youth he had resided with Madame Jumel; he had never heard Madame say that she had a son; nad never heard her speak of George Bowen or George Wash- be pe Bowen or of Lavinia or Freeiove Ballou, ‘he remainder of the day was taken up with the reading of Gepositions, after which the Court ad- Journed till Monday next, when further testimony ‘will be offered on the part of the defendant, UNITED STATES DISTRICT COURT—IN BANKRUPTCY. Marshaie’ Returns. Yesterday Judge Blatchford rendered a decision in the case of James M. Adams, an alleged bank rupt. Tho Register in Bankruptcy to whom the case had been referred certifies that In the absence of the schedule of creditors the United States Mar- shal, as messenger, had made up his listof such creditors, and sent them notice of a meeting to be hela for the election of an assignee, from the best information he could arrive at. Objec- tion was put ingthat such a return was not sufficient yn the absence of information stating the source from whico the Marsnal rocured his information, The Register held t where a bankrupt went out or the district after nig adjudication in bankruptcy 1t was impossible to enforce a delivery by him of a schedule of his crea- itors, according to the termsand requirements of the Bankrupt law, and that the retura of the Mar- shal, as made in this cause, was proper and sufi- cient under the the circumstances. The Judge co- incides with this view, and holds that the return of the Marshal was sufficient, COURT CALENDARS—THIS DAY. Unirep States District OourT—IN Ba RUPTCY.—Involuntary cases.—Nos, 3133, 31. $224, 3284, 3206, 3304, 3383, 3389, 3341, 3342, 3346, 3949, 8353, 8355, 8859, 3863, 3364, 3265, 8866, 3367, 8368, 3869, 3370,,3371, 8372, 337 3374, 3875, 2376, 2377, 3378, 3379, 3851," Calendar for argument.—No. 3150, BROOKLYN COURTS. UNITED STATES OISTAICT COUaT. Seamep’s Wuages—Jurisdiction. Before Judge Benedict. Pietro Galhotta and Others va. The Bark Felicina Cluozza.—This was a sult to recbver wages alleged to be duo the libellants as seamen. Judge Benedict yesterday rendered the followiag decision in the case:—This cause having been submitted to the Court on the plea to the jurisdiction, on the proofs and protest of the Italian Consul, and argued by the advocates of the respective parttes, ana due deliberation having been had, it is now ordered, adjudged and decreed that the libel be dismissed, for want of jurisdiction, without costs, SUPREME COUAT—SPEGIAL TERM. The Mannings Again. Before Judge Pratt. Fidelia R, Maaning brought suit against her hus. band for a divorce on the ground of cruel and inhu- man treatment, and it is now pending. It 18 charged that he attempted to have her placed in a lunatic asylum, Some time since Mrs, Manning had her husband enjoined from disposing of his ara of Clinton and Baltic: streets, day his counsel appearel before Judge Pratt and asked to have the Injunction dissolved. ‘The motion was opposed by Mrs. Manning's counsel, and the Court reserved decision. Decistons. Anna J. Boylston vs. Andrew S, Wheeler.—-Five cases. Judgment for platntim in each case, Louls K. Church vs, Arthur O’Brien et al —Motion to refer denied. Albert U, Woodruff v3. Russel! W, Adams et al.— Complaint dismissed with costs, unless plaintift amends so as to procced against only one of the de. fendants in this action. Terms reserved until alter trial. Wilnam J. Blydenburg vs. Amos J. Bingham.— On paying & trial fee plaintiff! may amend his com- plaint and try cause at Circuit before a jury; other. ‘wise complaint dismissed, with costs. Heary Newbury vs. Louls Newbury.—Motion to vacate order granted, Tra Merrick va. Henry Altenbrand et al.—Motion to strike out answer as shown granted. Ten dollars costs, William Johnson vs, John Groity et al.—Motion for change of venue granted on defendant stipulat- ing to allow plaintiff to discontinue, without costs; otherwise denied. ple ex rel. vs. George W. Davids.—Mundamus granted. Sce decision. CITY COURT. An Alleged Nalsance, Before Judge Neilson, The case of Mulligan vs, Pratt, which is an action for $1,000 damages and to restrain the defendant from continuing his chemical works at Greenpoint, ‘was closed yesterday. The case has heretofore been reported in the HeRaLp. The counsel will submit their points to the Court it writing. De- cision reserved, ANOTHER DIAMOND ROBBERY. Capture of the Thief and Recovery ef the Property. Between two and three o'clock Thursday afver- noon a@ servant girl in the employment of Freder!ck A. Holley, of No. 111 West Forty-first street. tempo- Farily left thp house, to go on an errand, leaving the front door open. While she was absont some person entered the house and proceeded to the bedroom of Mr. Holley, on the second floor, and helped himself to a jewelry box belonging to Mrs. Holley, contain- ing diamonds and jewelry valued at £700, The fact of the robbery was reported to Captain Barden, of the Twenty-ninth precinct, who learned from Parties reslaing on the opposite side of the Street that they had seen @ young man, a relative of Mr. Holley, named George Ging: lan, aged twenty, of 10 Abingdon square, leavo the house with the box in his possession. They immediately went in search of the young Man and found him at corner of Eighth street and Sixth avenue, and k him tn custody, As they were proceeding to the station house Detectiv Hagan noticed the young man put a piece of paper Hein choy iat pos, eS, te in, " ing him by t nose and fom choked him until be dropped the paper on the pavement. On examiaii it he found I¢ to be @ receipt from a diamond oro! ness In Bleecker street, named Reiser, doing Upon arriving at the station house you Ginglan admitted that he had taken th box and buried it in a pile of sand in the cellar his residence, with exception of two diamond rings, of Which he gave to a girl employed in a broker's shop on Sixth avenue, and the orner men- tioned above. Upom proceeding to the house the box was found int described by the prisgnes, containing all the iry with the exception of ti two rings, whioh were also ered, prisoner ‘was arraigned before Justice as Ju Mar. ket yesterday morning and pleaded guilty to the ttaeer Le was conunitied tn detaulk Of $3,000 DAL to answer at the QqnorAl The Cheek with Miller’s Forged Endorsement More Mystery—President Penfield’s and Eldridge’s Connection with It, The Forgery Said to Have Beon Perpe trated While in the Custody of Mr. Eldridge, How Certain Insurance Companies Got Into Bankruptcy. The investigation into tbe administration of tip Insurance Department by George W. Mulor was eB sumed yesterday at the Board of Fire Underwriterm,. No. 156 Broadway. Present—Messra. Tobey, chairs man of the sub-committee; A, W. Lippet, chairmem Of the standing committee, and Dr. Aiken. The first witness called was George J, Penflel& Prosident of tho Westchester Fire Insurance Com- Pany, Who, it will be recollected, had possession $f the $500 Check upon whfch MiHer’s endorsemems was forged, On being sworn, he said:—I reside t= New Rochelle; have been president of the company five years; we were examined by Eldridge at the request of the Executive Committee; it consumed @ part of six or seven days; we paid $508 for it; the check was left at oF sent to Eldridge, at No 1 Cortlandt street; think I left it there in an envelope (sealeag and addressed to Eldridge; saw the check after- wards in Eldridge’s poxsession—some days afterg did not learn who delivered it to nim; Eldridge came in and said he was short and wanted money upon it; it was then endorsed with Miller’ name; 2 took it to Brownell & Co. and they paid me $600, which I left in an envelope or handed tt to Mion 4 ata place in Wall street; my impression is that I it in a scaled envelope; don't know where the place was; I did not pat Miller’s name on the check; dou’s know who did; there is not enough money in the country to induce me to do so; we never paid = Eldridgo $300 in the office for the examination; when we asked for @ certificate Eldridge said they usually got $100 per day; I asked if $500 would do; he said ves; 1 said © would send the check to No. 1 Cortlandt street; the check was in nobody’s possession but mine after Eldridge gave it to me, and was endorsed when 1 received It; Eldridge sald he did not wantto te identified with the check in any way; did not know that he was connected with the Insurance Depart- ment; said he was a lawyer in tae western part of the State; I will swear that when I sent the check to Eldridge 1t was not endorsed with Miller's name, and when it came back to me it was 80 endorsed; the examination wa3 made.in May; 1am not certain whotner Ileft it there or sent it to No. 1 Cortiands . street. To Mr. Milier—Don’t recollect whon the examing- tion ended, but believe we got the certificate oa 26th of last May; the investigation was very vhorough; Eldridge said he was a lawyer, and um- less he could make $100 per day it wouldn't pay; X haa a conversation at the Sturtevant House with Eldredge in the presence of Crawford; I asked form certificate; he said we had better go and see you a we Fifth Avenue Hotel; Craw‘ord, Eldridge and & Went to see you, but failed to find you; whem Eldridge returned with the statement and inquired about the fees, when the* amount was decided upon a3 $500; witnese repeated the conyers#& tion a3 to the fees for the examination; don’t recollect how 1 obtained the check | fri Bowng; I think I instructed him to make it ow payable to your or Eldridge’s order; am somewhat mixed in my recollection; my best recotiection ts that Mr. Bowne left the cueck at No, 1 Cortianus street for Eldridge. ‘ Q. How do you know it was left at all? A. That is our way of doing business, but I have no positive recollection on the subject; my imstrag- tion to Mr, Bowne Was that the check should op leit there for you, care of Mr. Kidridge; severat aays passed between recetving the certificate and Tea seeing Eldridge and receiving the ch ie redelivery of the check took place in Mr. Griffin was in on of the New York office; there were seve of the attachés present when the check was handed back to me by Eldridge; I went and got the check immeniately; Browuell sent a boy ont to get the money; I was nut known atthe Fulton Bank; did not count the moncy when I got iv fro; Brownell; put i in an envelope addressed to dridge, care of some insurance company avout oPPo- site Henry Clews’ banking house; Iswenr [did not araw @ check that day for $800 at Brownell & Co.%s for Eldridge or anybody else; 1 keep accounts a8 the Butchers and Drovers’ and brownell’s; & think Iendorsed the check at Brownell’s; f think your ‘endorsement was on when I endorsed it; i a had not been so endorsed Brownell wouid hava called my atiention to it; I never informed you & had made such a check; your name never was mea- tioned; I did not know your signature; the cheok was made payable to you 30 a8 to get a voucher; Eldridge’s naine would not be a voucher, To Mr. Tobey—We asked Eldridge fora bill, bus he sald it was not usual to give them. ©. S Bushnell, swora—t reside in New Havea; was connected with the Home Fire Insurance Com- pany; it was examined while 1 was Presideut, in July, 1870; when Itook charge the company, | have no hesitation in saying, had not cxough assets te pay is debts; the receiver may ve able to twenty-five cents on the dollar; the sale of sf Was not made on Muller's statement; they lost over one hundred thousand dollars tn tne Portland ff and I don’t think they had a dollar capital atter by donbling risks; the laet examination was made by Miller and Southwick, and we paid $200 by checks on the Ist of September, 1870; never saw any entry of $5,000 paid to Sewell & Pierce, ‘Mr. Miller here offered in evidence # letter from the former President of the company, showing the condition of its affairs. Mr, Tovey ruled that & could not be admitted, when Mr. Miller ciaime@ that {t,was as proper to secure it as evidence as ¢x- tracts from Stephen English’s paper that had beem admitted Ume ond again. The committee sustaines Mr. Tobev’s ruling. Witness was cross-examined by Mr. Miller, an’ declared that, being a large capl- talist, he Boped to fests the company through, aad had sv assured Mr. miller. George R. Urowford, sworn—[-am Secretary of the Westchester Fire Insurance Company; went With Mr. Penfield to the Sturtevant House to sep Eldridge; in the first certificate there was some term in the phraseology of it that did not please Eldridge and he took it ba k and chai uw; ie other particulars the evideace of the witness com- firmed that of Mr. Penfield; 1 am positive the be ta upon to be paid for the examination was David S, Manners, sworn—Was formerly President ot the New Amsterdam, and am now President of the New Jersey Home; the Amsterdam was exam- med in November by Miller and Eldridge; we pai $150 to Eldridge for the examination; that 1s all we paid; we received no report and none was made ublic. (Mr, Manners described length the negotiations creditors in the Chicago pay 1osses, The reports of these negotiations were made = by to gl ae ide tren had Jos ind them, and sai ey were do’ his astonishment, one day Mr. Miller’: counsel, he Mead, came in and put Bernard Casserly in Ca ‘ag receiver; at this {ime the company was sol had settied with their Chicago creditors, and were prepared to make up any deficiency that exist; indeed, they were anxious to do #0; showed their solvency before Judge Cardozo, the receiver was retained, only giving $10,000 curity when he took charge of the assets; I was by Mr, James Yeurance, of the Astor; told me nad better apply myself tor a Feceivershitp; Mr. Lg did not carry out in good iaith what you promised. Question by Mr. Barnes—Was you advised M4 lawyer as to getting a receiver appuinted? A. Yeu, a good, many, John Diumick, was one; Mr. Wal- of our com) ‘was another. ee What did. Me Diiniok tell yout A. I preter you should call Mr. Dimmuick; no one, claimed they, bad any connection with Mr. Miller. Qw did Dimmick say? A. fie ts an ola friend; he said, ‘Don’t let tuo New Amsterdam down; hadn't better draw a check for Fen") and séndtt to Hares ” v New York office; atisatt No, Miller, ¢ Fo Barn ? A. chai “i Vn 74 profit and loss; Mr, Wall I pad , Suggested something of this kind, ‘This evideace as to what Wallace and Dimmick said, by consent, was striken our. ‘To Mr. Miller—The New Jersey Fire Company ized soon after the Chicago fire; five or ofthe it directors were in the New Amster. m; three others were stockholders; the caj New | Fire Company was, whdéa Pt $100,000, Witness was examined as to the win up of the New Ainsterdam Company, aud it skirmish took place between him and Mr, ler, owing to the witness instuuating that Miller fs party may have had some advan’ f the possession of the asscts; be had read the ar- tole in the New York Times, of November, about “Miller's Pet mbes,” and it is a gr slander; the articlo was read and he donounged as aslander upon Miller and the company; company only wanted, when the — recet Was appointed, two days to close settiemel ‘With debtor and creditor, so as to ve solvent; orgunized the New Jersey company about t after the Chicago fire; Teassuted Tne notes of New Amsteraam in our new coinpany; we did tits to protect the creditors and not Lecause we aupe ONTINUED ON NINTH PAGE,