The New York Herald Newspaper, March 10, 1872, Page 3

THE STATE CAPITAL, A Beggarly Account of Empty Benches in Both Houses. ROS Pee Ple Plots and Plans of the Infa- mous Erie Ring. THE SEVENTY’S CITY CHARTER. Its Probable Fate in the Senate and What Its Gpponents Mean To Do. A Remnant of Ring Legislation Knocked in the Head. THE SECRETS OF SAVINGS BANKS, How Secretaries Grow Wealthy and Honest Trustees Are Put Out of the Way. Adjournment of the Legislature Till , Monday Evening. ALBany, March 9, 187%. ‘The folly of the Legislature, for the sake of Making a little “reform” capital, attempting to hold eessions on Sacurday, was illustrated to-day by the Deggarly account of empty benches which con- fromved the President pro tem. in the Senate and the Speaker in ‘the Honse when the two houses Teasgembied.’ There were certainly not over forty Members present'in the Assembly, and there, was hardly aquorom in the Senate. The consequence ‘Was that the business transacted was of very lite moment. The. most peculiar feature about these Savurday sessions is that, in most cases, the men ‘who vote for them on Friday are the very indi- viduals who cannot be found when they are wanted the next day. THE CHARTER OF THE COMMITTEE OF SEVENTY 1s expected to come up in the Senate tor discussion mext week, and great effurts are being made by its supporters to render its path smooth and easy. Mr. John Wheeler, the Chairman of the Special Com- mittee of the Seventyites, who has been doing her- culean work in its favor ever since the session ‘began, is to bring up on Monday a strong reinforce- ment of ‘solid men,” who will sink heaven ana earn (if anything like the former can be found in Albany) to induce the Senate to pass the measure just as the lower House sent it up—cram full of amendments that scarcely one Senator knows anything about, It ie generaliy believed that the Senate will handle 16 without gloves, and that even if 1t does pass its best friends will scarcely recognize it. Indeed, it 1s a well known fact that tne Commiitee on Cities are already very much ‘‘mixed’’ on the subject, and ‘that thoee of its memvers who are opposed to the charter are very outspoken in their opposition, while those wno favor it, just agit stands, are ex- tremely lukewarm in thelr advocacy of what Mr, btern calls its “SOLID BENEFITS,’! Of course there ig not the siightest doubt that the charter will be reported vy the committee favorably aiter tney will have made a few amend- ment (0 16 for mere lorm’s sake; but it is pretty certain that they will not endeavor to shoulder the fesponsibility of adding to it or cuting out of it Buything that migut give rise to a hue and cry, favorable or unfavorable, from any “reiorm’? quar- ter. ‘Tu@ unpleasant work of amending and “strengthenmy”’ tae pill they are quite content to leave 10 tue Senate itself, though the task may be entered upon rather — rejuc- tandy by the majority, who really do not look mn it with a Javoravle eye, yet who are Airaid—that’s the word—to vole against it as a whole; but the “reiormers’” migit place them amoug those lmmortal sous Who Were Lot born to die—the hirelings ol the New York republican fuc- tions, It is beneved that the cumulative voting Clause will be the point against which the Senators Opposea to tue charler will concentrate ther heaviest fire. ‘hat and the Clause relating to tie ousting of the preseut Board of Aldermen will cer- tamly aiford the most bitter of the “rantanker- ous’? Opppositivnists the most favorable deid for @ graud display for weir tacucs and it may be of ther kuowledge of bow easily repre- Sentatives of the peuple can fight stoutly lor faction’s sake, even tuough all else was lost, Wheeler and his irieunds understand the situation about as well as ony one at Albany, and when the day arrives for the general discussion and the final vove he and they will, no doubt, be found ready to supply ils Senatorial givocates with all the techni- cal ammunition they may desire to demoush wnat- ever arguments the believers in Mr, Opdyke's \heories dare to advance and maint in. THE ERIE BILLS, it will be remembereu, have been made the special orders im ime Senate tor Wednesuay and in tie House tor Thursday. This lactis making the Erie people work like beavers, now that the term of weir exisience has indirectly been uxed, Kx-Senator Truman has becn enusted in thelr service and was all day yesterday using his influence with the coun- try members to luduce them to stand by we pres- eut management, He and those who are dog av he 1s doing find to their disgust that they have an ‘uphil job of it, far greater than tuey had antici- pated, ana ine ex-Senavor is said to have toid ® Iriend this afternoon that ‘things Jooked very biack.’’ The assauits of tue HERALD upon the infamous clique, wuo are struggung—with despera- won @ drowning man Clings to # plank that he fears will sink With nim—io save themselves from the iG reward of their past villanies, by endeavoring kill the Southmaya bili, have nad @ most saiutary effect apparently in the ranks ol the “doubtiuis.” Phe biack ist that they know will be pubiished, ‘With wil thé necessary addenda, explanatory notes Bad financial exuivits, bas, mm addition, exeried a terror which, if the money of THE SWINDLED STOCKHOLDERS that has been so avuadanuy promised by the “tang’’ does not prove too powerlui tor vhelr scru- les, will certainly make Justice trlumpuant in the jong run. Stull, ib caunot ve said that at present. everytuing looks certaia forthe success of the Southmayd bul, for there are many members whose present uncertainty avout the way they will vote can measured sayy? by the number of greenbacks in prospective, Gould anu bis abettors are 10 be nere next Tuesday, and will spare no pains to be successiul, for it 1s their Jast throw of tne dice, and they know Wf they lose tiis time the future may loon up for them with @ State’s prison not jar of iu the background. ‘tnat they will use money as secretly as taey can simply to give peuple an idea that argument and the strong persuasion of facts alone are weir Only weapons Of Uelence, 18 ulready matter of general conversa- ton and: GREEDY ANTICIPATION IN THE LOBBIES. They Wiii uot—so tueir plan of operation would seem to indicate—openly, as of old, mark their men so ‘that be who runs may read, put they will, When the day comes for their fate to be decided, send their “friends” to their seats with an inuocent smile upon their iaces, after their wallets have been well wadded in the dark. Yet there are men in both houses who are Watching every move ui the and who will be avie to siugie out with unerring certainty the black sheep in their midst, even betore the day lor voting on the bill Comes about; so he Who gives way to the Ring’s iuiluence had better sland from uuder; lor when the exposé does come it certainly will be no idie tale to amuse children with, 4 REMNANT OF THE RING. The Tammany King |ast year did a great many things ia the Legisiature, as far as Westchester couuty was concerned, Which had the effect ot filling their coffers at the expense of the taxpayers oi iat outside district. One of the most unjusti- flabie measures they saw fit to manufacture, osten- sivly for tne good of the county, but really to make hay ior themselves wiitie the sun of their power conunued vo shine, Was that or levying $10,000 a year on five tuwus of the county as compensation for the Ring's charitabie work of jaying out roads, &, iu and chrough the towns. The bil which gave the King this power was Whipped through both houses in the most shame- fully hasty manner; and, although the people of two of we towns protested vehemently against it, thew representative in the Senate lent his influence to tue King to give rhe measure a sort of plausible local Support that never existed in reality, It was i Vain that every endeavor was made by the people of \hese two towns, wien it became patent that the bill Was certain to pass, to have itso amended that some Kind of a report shouid be made to the towns vy the Fark Commissioners at least once a year. Tho Ring felt that they had struck a mine in extend- ing their operations from New York to Westchester, and Liat many of their most troublesome placement could be made uselu by taking oontracis in the sowas in popes And they did not WITHUUT THEIR Host, os the result showed. Tne two towns which pro- tested, a8 they had not asked for the Ring’s gemie rule, were East Unester and Port Chester, and to-day Senator Robertson succeeded in having urdered @ third reading @ bul Which ¢xempts them trom the control of the commission wiion,they were placed Bader against wher Will, Wishes dnd Welfare. ‘Tlus NEW YORK HERALD, SUNDAY, MARCH 10, 1872.—TRIPLE SHEET, series, I understand, which Mr. Siew sot the Teliel of "nis county pon it by the Ring, when, erminal em power, 18 rignt cof ie ‘and’ treated pt every rightiul tod of the to banks” tm the bill, Mr. D, , Wood was uiwilling toyield aminch, even when it became evident that the battle was not to the strong; buteMr. Madden, being anxious to have the biil passed at once, suc ceeded in ing him over to the camp of the “ARMED NEUTRALS,”? who will, When another bili of this same character comes up {OF consideration, declare themselves iu @ Way that paid trustees wl have reason toremem- ver for a k ume to come, One of the prinelpal features of the devate, which, by the , creaved no small semsation, was an allusion le to the Market Savings Baak, Senator Madden aad D. P. Wood deciared that the charter of the bank bad been so amended a lew years ago by the persistent efforts and advisings of the secretary (Conklin) as togive him @ power and @ control that made hig Position a eof wealth for himself and eventu- ally an abygs of ruin for the poor depositors, Sen- ator y.bernowaiga out that he had Known the ee retary pe! ta but forall that he did not i tnat he Wasy r the circumstances, actiag im- properly in stating that this same secretary bad actually so things ae to have a number of of Wustees bank, whom he considered ob- ‘stacies in hi ‘TED OUT OF OFFICE! The natu ult of these staremen' several of ¢ ators considered 1¢ imperative upon the: to explain how it was that the Legislature “without knowing what they were ve Cars good men out of ofice and “when their real aim became nown,”? put, islators to the biush. ‘they do that an 0) afession is good {ur the soul, and 16 18 to be ho; tuls open coniession of one of the branches Legislature as to the way ene people's rep: legisiate to make bad m: worse and aoortive may be good for people. = : THE UNDERGROUND RO. The Senaie Committee favorably re- ported upon th Pneumatic bill. This is in accordance Witn @® determination the committee agreed upon |: jay, a8 I informed you in Seeks SM 4 oue of - vated road proj fi . which has been published in full in the Hex, ussed to-day in. Committee of the Whole in Assembly. . Bennett en- deavored to 80 itas to make tt unlawful for any gas comp: to charge more than §2 60 per 1,000 cubic feet; bus he finally witharew it to save the bill, owing to the strong opposition manifested against the amendment. Mr. Alvord succeeded in preventing the bill itis by his objecti people think ought ordered to a third mm being made stronger tian to amendments that moat ibe made part of the law. It was ra NEW YORE LEGISLATURE. Senate. ALBANY, March 9, 1872, BILLA INTRODUCED. To direct the Supervisors of New York to pay $25,000 per annum to she Female Guardian Society and Home for the Friemdless. To enabie Long Isiand City to raise money to sup- Port prisoners and for health purposes. To extend the of the Brooklyn City and Newtown Railroad (o1 le To authorize steam \awage on canals. To incorporate the Island City and Maspeth Rallroaa BILLS ‘REPORTED. To authorize towns t@ spend excess of excise moneys. To authorize female gftizens, wives of aliens, to hold real estate. Tue Pneumatic Railroad bill wae reported, The Pro Rata Freight bill was made a special order for Thursday nexr, « ‘The Sepate then adjourmed till Monday evening, i Assembly. Aubany, N. ¥., Match 9, 1872. BS w York or Brooktyn shall Mr. A. HILL offered @ resolution calling on the, Superintendent of Banks fora detatied report of the expenses of the department for which the banks are assessed, and to make a particular statement of the amount collected trom each bank. Adopted, A communication was received from THB UNION PACIFIC RAILROAD COMPANY, enclosing @ resolution, which was adopted, for the appointment of a committee to investigate the facts m the matter of the judicial proceedings in- stituted agaist the company py the late James Fisk, Jr., aud one Pollard, which obiiged the com- pany to remove the oilice irom New York to boston; also requesting the Legisiature of New York to take such action on the subject as may be deemed proper, and tnat the Secretary of the company transmit to the Speaker of the Assembly of the State of New York a copy of these resolutions under tue seal of the company. BILLS INTRODUCED. By Mr. MoRTON—To improve Myrtle avenue, Brooklyn. By Mr. BENNETT—Authorizing the New York and Hariem Railroad Compaay to extend their tracks in New ron for the accommodation of small cars only. By Mr, SNIPER—AUthorizing the city of Syracuse to ralse money to purchase steam fire apparatus, by Mr. HAUGHTON—For additional notaries public in New York. y Mr, CooK—To incorporate the Metropolitan Contracung Company, By Mr. JUpD—Regulating tne collection and de- posit of moneys collected for taxes; also to charier the North Side Savings Bank; also to charter.the New Brighton Tin Company, By Mr. TwomB_y—To charter tne Coal Exchange. By Mr. ALVoRD—To authorize the trial of certain gates on locks Of canals, sO as to facilitate steam towage. By Mr. SNypzR—To authorize attorneys-atlaw to perform certain duties of notaries public, By Mr. Hustep—Kelative to PRIVATE ASYLUMS FOR THE INSANE. It provides that no association, i or com- pany, unless authorized by law, shall keep or detain Tor compensation any lunatic or person of unsound mind tor more than lour:een days, except on appli- cation in writing to the State Commissioners of Public Charities for a license, when the Commis- sioners shail investigate the application and grant it they see Mt. The Board of Commissioners shall make all necessary regulations, Also a bill to amend the Life and Health Insurance incorporating act. It authorizes the investment of 1unds in vonds and mortgages on unencumbered real estate worth fifty per cent more than the sum Joaned thereon, or in United States stocks and stocks Of States and cities in the United States if above par. Also a bill to abolish capital punisnment ana to substitute imprisonment ior life, ‘The following resolations were introduced :— By. Mr. HAWKINS—That the Committee on Cities investigate the charges of fraud against THE DEPARTMENT OF PUBLIC WORKS, Tax Commissioners’ office, Surrogate’s office and Street Improvement Department in New York, and also the charges against the Water Commissioners of the city of Brooklyn. Owing to there being a thin House Mr. Alvord rose to devate so as to have the subject laid aside for future consideration, which was agreed to, By Mr. ALVorD, that THE NEW YORK CENTRAL AND HUDSON RIVER RAILROAD Company report the sums levied on and paid into the treasuries of its diferent companies by the several stocknolders thereof; the names and capital of the compauies Low represented by said company; amount actualiy expended on the property of sai companies irom the amounts so received; amount actuaily levied on and paid into the treasury of said company by its stockholders since 1's organization; amount and per cent of the annual dividends paid to the stockholders since the roads were put in operation; amount of the surplus earnings 01 said company placed to the construction account and becoming part of their inaevtedness; and other inquiries of a like nature. Tue resolution was laid over under the rule, _ Mr. MACKAY offered a resolution calling on the New York Central aud Hudson River Ratlroad Com- pany to report tne number of palace and drawi room Cars run On said road; the number of passen. gers riding tn the same during tne past year; the total sum received from; tbe names of the company owning the same, and various otuer jike inguines, Laid over. On the motion of Mr. J. H. Banoocx the Commit- tee on State Prisons were directed to make inquiry of the cbapiains of Stace prisons whether tney nave Turoishied eaca Convict with a biole and hymn book, and also inquire Of the state Treasurer whether the amounts appropriated by the Legislature for unis purpose have been caliea tor, and by Whom, By Mr. J. D, BRown—To amend THE PUBLIC INSTRUCTION ACT. It provides that in proceeding to define the boun- aaries of school districts the necessary expenses shall be atown Charge; and when a School Com- missioner shail prouounce @ school building unfit he may state an amouut not exceeding $1,200, insiead Of $800, a3 now, to build @ new one; allows a trus- tee $1 50 for each day’s full time im discharge of uis duties; reqnires teachers to attend the Teachers? In- stitute, aud those Who do not attend and fai to Sur- nish a sufficient excuse shali be denied License; ex- tends the provisions of the law to punish persons for interrupting schools to the Teachers’ Institute, The Honse went into Committee of the Whole on the bill to reguiate the fees of justic.s of the peace, *Ponstavies aud jurors. , Wooraey exuiuned the object Of the pili, Jb was to fix a uniform rate of amy so that will not be subject fo alteration by of Super. vi Aiter @ long discussion the bill was orderea to @ third readi The same committee toox up the bill to regulate id THS MANUPACTURB AND QUALITY OF GAS. Mr. BENNETT Moved 4) amendment that no com- Ne charge tes and $2'50 to private ci He said that the Com had been apie to Make gas at a cost of thousand cubic feet, $275, 80) Mr. Bennett withdrew bors ty THE BULLS AND BEARS. Examination in the Case at Jefferson Market Yesterday—A Transaction im Reading Stocks, The examination in the case of William J. Heath, the Wail street broker, charge@ with having com- mitted perjury, was comunued @t the Jefferson Market Police Court yesterday, Assistant Listrict Attorney Sullivan appearing for the prosecution ana J, D. Townsend tor the defence, ‘The pleadings im the case taken betore thé referee in the civil suit ‘Were offered in evidence and accepted, Mr. White, the complainant, was first placed om the witness stand ana testified as follows:— 1am complainant in thiscase; I was present at the hearing held before @ referee in the civil suit; heard Heath’s vesiimony; saw tim sworn; he was examined by his attorney, Mr. smith; heard lim testiiy to going into the office of Marvin Bros., Exchange piace, on the 10th of July, 1870; he testilled to not pl in Marvin's ae 16th of July, 1870; he aad a conversation with W. 8. Woodward and mayaelt, which he testified to not a oa & he wiaied to see us in refer- 08 YOUNG'S STOCK IN READING BONDS; should 8 E iG tere Paepbies Bs E5 Capital of ; 1 agreed up 10 $270,000; there was nothii teach ol us carry! ‘one-uind of YOUNG HAD DECEIVED HIM im reference to the stock, which came to get in his debt; Heath and make good for Young’s loss share of the stock; Heath said to us sible jor the loss; Heath said be would not as much credit as he but f me on the 161 my possession at shares more than my one-third; to aM Bros.; the otner remaimed in the hor Heath & Co,; onthe 16th of J $95,000 on his sbare of the stock; to lend him money to carry his stock through, Young’s fatiure nad hort nis credit on the street; lent Dimpon 21,000 of the same stock on the 220 of July; these loans made to Heath & Co, were stock he wascarrying; on the 15th of July, 1870, heath sent 10r me TOLD ME HIS BANK ACCOUNT WAS SHORT about $8,000; he stated ne couid give me a dividend Reading Railroad rity ior @.loan; I oi the = stock for them longer; on the 26th of duly I soid ‘out 11-000 shares of Reading for Heath & o.; on the 27th he rendered me an account (ac- count produced); on Ji a bad @ conversation ‘with Heath aad told of anamber of shares of Reading and purchased it back, by Crogs-exi & civil suit 1870; +I om testimony; several others swore for tae defence and progecu- fuon; the referee gave a judgment against the deiendants; think it was for $120,000; don’t wink ‘Woodm: onsible for that amount; if this in 1n- Vali . wes agora aud ¢€ im 1871; 1. Was GXominamon wee edjournéd tit ‘Thurstay ‘n00D. THE CAR HOOK MURDER. Another Effort to Save Foster trom Hang- ing—Motion for a Stay of Proceedings Before Judge Barrett of the Supreme Court—Decision Reserved, A motion was made yesterday before Judge Bar- rett inthe Supreme Court Chambers for a stay of proceedings in the case of William Foster, 50 as to allow the same to go to the Court of Appeals. In May last, as will be rgmembered, Foster was con- victed of murder in the first degree for tho Kilung of Avery D, Putnam with a car hook as the latter was leaving a Broad- way car at the corner: of Twenty-sixth street. Judge Cardozo, before whom he was tried, sentenced him to be hanged on the 16th of Jaly. Application was immediately made to ail the Judges of this dis- trict for a stay of proceedings to enable an appeal to the General Term, which application was re- fused. Judge Pratt, of Brooklyn, however, granted the si and an argument on the appeal to the General term was heard vefore Judges ingraham, Barnard and Brady, ‘the Court reiused to grant a new trial, and Foster was re-senienced to be hung, we 22d day ol this mon beng named as the day of execution. Mr. M. U. Bartiewt and ex-Judge John K. Porter appeared tor the Motion and istrict Attorney Garvin to opposition. Foster was not present, bat the court room was crowaed, and the argument of the various counsel, lasting some two hours, was listened to with deep interest, Pretty much the same line of argument was followed as at tue hearing befure the General Term Judges, Mr. Baruiett made the opening argument, After Teciting tue jacts of the homicide he insisted that Foster was brought to wial with imconsiklerate haste, Tue only iact he insisted upon im which there Was any vital difference was tue intent with which the biow was struck. Judge Cardozo, he contended, by his rulings, deprived Foster of his constitutional right of trial by jury, and he insisted that he was still entitied toa trial. He enlarged on the statutes regarding felony and the difference between murder in the first anu second degrees, Ir Foster was hung it would be, tn his View, nuthing more nor less than judicial murder. He conciudea with reviewing the written opinions of Judges ee and Brady in the case. istrict Attorney Garvin recited the facts of the homicide, but with @ different iterpretauon from that of the prisoner's counsel, He cited various similar cases, very many Of them to be jound in tae Soglish jaw reports, aad claimed that upon the facts Judge Cardozd was legaly bound to cnarge ‘the jury as he did and the jury to find the veruict taney did. it was very natural Foscer’s counsel should make every effort that lay in their power to Save his life, but a plainer case of deliberate mur- der, he urged, was notonrecord. He defended the judgment of the General Term, and insisted that the same should be final, and tuat the majesty of ine suould now be fully vindicated in the bang- ing @& Foster in accordance with the maguituae of Dus crime and nis deserts, Judge Porter concluded the argument. He char- acterized Judge Cardozo’s charge as monstrous. Foster's act, he ciaimed, was only & felouy. He re- viewed some of the cases cited by the District At torney, giving them a widely different interpreta- tion from tue latter genuieman. He ulsd re. ferred to (he statutes regarding deadly weapons and their applicability to Foster's case. He urged that the General Lerm Judges nad erred in their judgment, and expressed it as ius convicuion that if an opportunity was granted tiem to take the case to the Court of Appeals the latter Court would, without hesitancy, grant @ new trial, ‘The Court took the papers, reserving its decision, The Stonecutters Who Have Struck on the Ten Hour Question to be Dismissed Alto- ther—New Men to be Taken From the North to Complete the Goveroment Build- jogs. CoLumBta, 8. C., March 9, 1872, Superintendant Kingsley, having in charge te new Post Office and other government buildings, and who recently demanaed tnat the ston&cutters should work ten instead of eight hours a day, nas to-day notified these men that the authorities in WashingWon demand @ compliance with nis orders, and Wat the “ten hour service” is necessary. Itis understood that none of the strikers are to recommence work; hence Kingsley has sent North for additional men. ‘The strikers ave warned their loreman that any new comers will be resisted to the utmost, and will not be allowed to work on the bulidings. THE GUILFORD ESTATE. BaLTmmMors, Md., March 9, 1572, “Guilford,” the beautiful McDonald estate, a few miles from this city, on Charles street avenue, was ~-* saree at private sale by A. 8. Ane if BROOKLYN COURTS. SUPREME COURT—SPECIAL TERM. THE JUDICIARY INVESTIGATION. ‘The Pacific: Mail Steamship Company in| The Charges Against Judge Court—Directors da with Speculating in the Stock of the Company—An Injaac- tien Applied fur and a Reference Made as to Plaintif’s Solvency. Belore Judge Gilbert. Luther ©. Challis vs. The Pacific Mail Steamship Company and A. B, Stockwell, James D. Smith, H. H, Baxter and Others,—Piaintif brings suit in behalf of himself and all the other stock- holders of the Pacific Mail Steamship Company, of which the defendant Stockwell 1s President and Director; another defendant, Mr. F, W. @ Beilows, Vice President, and a third defendant, Mr. (. A, Abercrombie, Treasurer. On Tuesday last Judge Gilbert issued an injunction enjoining me directors from speculating in their own stock, but fhe injunction was subsequently dissolved. On ‘Wednesday the plaintiff in tnis action obtained an order for defendants to show cause why such an IDjuncuion should not issue, and the order was made Feiurnable yesterday afternoon, at one o'clock, when She case came on lor argument. _ Mr. Challis’ complaint in this action sets forth the has been for some time past, and ls now, stockholder in the company, being 01 400 shares of iis capital stock; tbat mpany was chartered and incorporated ‘ior purpose of building, furnishing, fitting, asing, charteriug and owning vessels to propelled solely or partially Dy steam or r eXpausive fluid or motive power, and to be and propelled in navigating the Pacific Ocean, aiso purchi owning and navigating such Wary sailing vessels a3 may be necessary to pro- fuel or other necessaries, and that no other possessed company, except such as are incidental and ry to said purposes, ‘That prior to Novem- 1971, @ surplus fund of over $3,000,000, the rty of said company, had been accumulated, d and held ready to meet XTRAORDINARY AND UNFORESREN EMERGENCY alfuirs Oi said company, such as tne lows of ir, llabiiity to shippers, &c. That the pos- and vation of said fund are indispen- essential to the business and operations of pany, and prior to said date said fund bad Mmvesied in government securities, 80.a8 to be Intact, exempt from hazard of loss and ready to any emergency. That after the administra- tion Of said company came unuer the control of the individaal detendants they withdrew said fund from sald investment and omitted and negiected to in- vest said funa in any sale or proper security, ae cee contrary, and in violation of their trust luty as officers and directors of sald company, for the promotion of their individual interesia, they are pow using said fund in making loans on the security of the stock of said company and in dis. counting paper and in transacting other banking bi and in speculations in stocks and other- ‘wise, in operations with the intent and effect of sudden and violent fluctuations in tne Market value of the siock of said company, and oe use aud employment of said fund are nov A BREACH OF TRUST, on the.part of said defeudants, and a misappropria- tuon of said fund for their personal emoiument, but also ie and beyond the corporate powers of gard o ny, and Coed Ay its charter and to ‘the la’ tne state; that by such use and employ- ment aald fund is diverted from its proper and legitimate opject, 18 exposed to the hazard of dimt- ution aud loss, and the solvency, and security and corporate business of said company are suojected ‘wo sacrifice and ruin; that the wnole of said fond 19 now employed and expended in said im- oper and unlawful uses and enterprises; at saidfund, or so much thereof as is on loan, and otherwise unappropriated and employed, as above set forty, is subject to the call of the defend- ant, and may drawn ip at any moment; that san Lee. ed Korero per paren a he i persevere e misappropriation of said fan ‘whereby the safety of said fund, tae operations of said company, ‘and the interest of the p jaintit as a stockhok therein are aud will be incomparably injured’ and exposed to ABSOLUTE RUIN, wherefore plaintiff demands judgment. First, that the dete ve restrained and enjoined from loaning said surpius or reserve fund, or any parc thereof, ana irom using, employing or ex; piste: it otherwise toan in the prosecution of the i and legitimate business of said company; secondly, thatthe derendants be directed and compelled to call in and collect any and all of said fund that may be out on Joan or otherwise employed and invested, vo law and the duty of said deiendant, the same under the direction of the Court, and, thirdly, tor such order and further re- het as to the Court may seem just.” ft THE DEFENCE. In reply Sudge Neison suvmi:ted Mr. Stockwell’s afidavit. whien sets forth that 400 shares of the stock were on the 2d and 4th of March transferred to the name of the plainut, for the purpose of bring- ing ths actsOm, and that he is not the real owner of the stock, and shows wat @ surplus fund of 000,000 bad peep accumulated aud. invested as OWS — Cash in nand and call loans. ‘Time loans.. +s $95,000 U. S, 5-20 bonds. . Srsrcoo U, 8. 10-40 bonds. $100,000 U. S. 5 per cents, new Casit in hands of ageDis and persons TORRE 2. sss cape aah ciate ds + sees +6 $3,052,506 05 It is denied by the directors that they have used the funds of the company in any of the methods stated in the morning papers, or that they nave ap- propriatea any of tnem to their own personal en- richment, and state that they are now having built four steamers at the expense of $2,000,000;"that when they were elected atrectors, in November last, the stock was selling at forty-six and torty- seven on the dollar, and at present it averages sixty- one to sixty-three, It is 1urther alleged that not a dollar of the funds of the company has been lost since the defendants held control, and that, when it became known that an mjunction had been issued, the stock depreciated upwards of three per cent, and when it became known it had been vacated withim one hour it advanced three per cent, and the knowledge ot this pending application depreciated it avout two per cent. Judge Nelson also submitted four other amidavits by directors, Including Henry clews, corroborating the Prest- denw’s statement. He then introduced two other affidavits asserting the utcer insolvency and irre- sponsibility of the plamtii, and that he was not en- titled to credit even under oath; and when asked his intention last nignt in regard to Pacific Maul, he replied, ‘Put 1t to forty.’ Judge Neison contended that plaintid’ was not entitled to the equitable con- sideration of the Court. ‘Tne stock had been bought by him for the purpose of bringing this litigation, and he was not using the Court for a good purpose, ., Counsel! for plaintif was surprised by the alidavits presented against Mr. Chailis, He said tuey were wholly false, and he was prepared to prove Challis bore the most unimpeachable character; that he owned stock since Novemser nd 1s worth at least $500,000, He asked a ference to investigate his character. The question was, have these men the right to speculate with these stocks in Wall street? It was charged that they had loaned money upon their own stocks to otuer directors, Was that within the scope of their power? On the 15th of December last 1n one lump they loaned to one of the directors $350,000, and that director was noto- rious as a stockjopbver and speculator. Judge Fulierton wanted a reference, ana applied for an injunction meanwhile, but Judge Gilbert did not think that they were entitled to that, for it ‘would be practically misjadging the case, Judge Futlerton sald that defendant did not deny the allegations that it was wrong to loan the stock to the directors. The directors were charged with doing that, and he did not think tt would be pre- Judging the case when they came in and confessed thelr guilt, Some further argument ensued, after which Judge Gilbert denied the injunction meanwhile, but ap- pointed John S, Lawrence, of New York, reieree, to take testimony as to plaintif’s respectability and solvency on Saturday next. ‘The case (tne original motion) was then adjourned until the 20tn inst, at noon, CITY COUT. The Westfield Disaster—A Jury in the Widow Madden’s Case that Did Agree—$5,000 Damages. Before Judge Neilson, ‘The third trial of the suit of the wiaow Madden against the Staten Island Railroad Company for $5,000 damages for the loss of her husband, who Was one of the Victims of the Westfield explosion, ‘was concluded yesterday aiternoon. It will ve re- membered that the juries on the two former trials fatied to agree. ‘The taird trial occupied three days. Yesterday morning, ali the evidence having been submitted, Mr. Dickerson addressed tie jurv on behalf of the company. Samuel ». Morris, ex-District. Attorney, fullowed for the plaintiff, and Judge Neilson dey livered nis charge to the jury. It Was similar to his Previous charges in this case. ‘The jury were out a comparatively short time, and returned # verdict in favor of plaintiff tor the fuii amount claimed, MAN MISSING. St¥ong Suspicions of Foul Play in Weste chester County. At Mott Haven, Westchester county, speculation is rife as to the probable fate of & young man named William H, Waters, whose mysterious disappear- ance has occasioned the most gloomy apprehensions among his friends, During the month of January last, Waters, who Carried on the business of a grocer at the above-named place, was burned out while having ao insurance $4,000 on stock. On Wednesday, February 28, his boarding house, im Norn with the avowed intention of going to the city tor the pornose of receiving his in- surance money, which, It is understood, was about equaily divided tn the Adriatic, Merchants’ ana Humboldt Insurance companies, and has not since returned. As the missing man was.of a dustrious turn of mind, and as no “ 3e ante = signed for his disappearing voluntarily, it is strongly Suspected that he has veen louily dealt with. Ail edluris to aiseover his wi oe present proved futile, citer I Barnard. EXAMINATION OF WITNESSES. The Use of Subpwnas—The Ilegality of Some Chargee—Adjourned Till Friday. ( . ‘The investigations in the charges against Judge Barnard still occupy the attention of the Judiciary Committee; but thus far Messrs, Albert Stickney and Jonn E. Parsons, the prosecuting counsel for the Bar Association, have not succeeded in bringing to light any frauds of a startling nature, The Judiciary Committee met yesterday morning at ten o'clock; but business or other causes has sadly diminished their number, as Messrs, Prince, Niles, Tilden’ and Hill were the only members present, Judge Bar- nard was punctual in attendance, accompanied by his counsel, Messrs. Rufus Andrews and George Ticknor Curtis. The following are:— THE CHARGES AGAINST JUDGE BARNARD. First Cargg.—That Judge Barnard did release On Dabeas corpus, without knowl of the District Attorney, upon the application of Messrs. Howe and Hummel, some fifty pi ers, in suits dating from 1807 to 1871. (Twenty Of the cases occurred before ‘1869, the time when the Judge took the oath of office on his Last election.) SHCOND CHARGE.—That Judge Barnard did con- spire, with Fisk, Gould and others, to steal the Aloapy and Susquenanna Railroad, That he did corruptly and illegally 1s8ue orders of arrest for the rsou8 of J. H. Ramsay, Henry Smith, W. L. M. ’nelps and R. H. Pruyn. ‘ihgt he did corruptly assist in gaining the election of Fisk and Gould to the office of directors of the Albany and Susque- hanna Railroad, First Speciication,—That in the case of David Wilkes againet the Albany and Susquehanpa Rail- road he did ey and corruptly issue an order suspenaing J. Ramsay, President of the atore said company. Second Specifloation.—That in the case of Azro Chase against the Albany and Susquehanna Kail- Toad he did on the 6th of August, 1869, illegally and corruptly appoint Fisk and Coulter receivers of the auoresald road Third Specification.—That on tne 7th of august, 1869, he did corruptiy appoint R. L. Pruyn receiver m another action before the Albany Courts. Fourth tion,—In the case of Bush against the Alpany and Susquehanna Railroad, on the 14th of A it, 1869, he did corruptiy issue an order ap- pointing W. J. A, Fuller receiver of 2,400 shares of stoc id road. FUN Spectfication,—That on the 9th and 10th days of August he did grant writs and orders purportin; to come from the Supreme Part and that sax orders were fraudulently issued at Poughkeepsie on the day alter his mother’s deata and tue day of her juneral. Sixth Specijication.—That on the 6th of Septem- ber, 1869, in case of Albany and Susquehanna Rail- road against Ramsay and others, he «id, for pur- pose of conspiracy with Fisk, Gould and others, grant orders holding Ramsay, Smith, Pruyn and Phelps to bail in the sum of $25,000 each. TWwiRD CHARGE.—That Satin Barnard did Dlegally and corruptly appoint one James 1. Coleman req ceiver of 6y,000 shares of Erie stock, the property of English stockholders, ‘w'st Specijication.—-That Judge Barnard did this in conjunction with Fisk and Gould for the purpose of stealing the Albany and Susquehanna Railroa that said order was granted with the corrupt inte: tuon of putting the road in the possession and under the control of Fisk, Gould, Lane and Barnard, Second Spectication.—That Judge Barnard, on the 11th of March, 1871, attempted to remove James H. Coleman and appoint one Charles Robinson ree ceiver of said 67,000 shures of Erie stock, FourTaH UnarcE.—tihat Judge Barnard did give a corrupt decision in denying @ motion for alimony. Firra CuarGe—That Juage Barnard discharged on & habeas corpus some six men ch: with ate tempting to register illogally as voters at an election in which said Baroacd Was running for Judge or the Supreme Court; that a writ was granted and mave retaroable from his private residence; that at a late hour of the night they were discnarged by said Kar- nard, vy his appearing and stating that he would have nothing to do with the case that night. SixtH CHARGE.—That Judge Barnard bas shown 88 favoritism to James H, Coleman in appointing im referee in a large number of cases during tne years 1869, 1870 and 1871, SEVENTH CHARGE. —That Judge Barnard has made large and extraordinary alluwances in certain cases to lawyers practising before nim. Ei@nTH OHARGE.-—That his conduct upon. the bench while sitting as a judge has been unbecom- ing and wanung in dignity; that nis expressions have been indecent; that he has abused respectabio of the bar; that he las exhinived dect Teortion for certain counsel and certain litigant: that in the performance of his official duties he has been imfluenced by a well known and openly avowed iniention to assist his friends, thereby to the dis- Lee dd the legal profession and the support o} his riends, Mr. Stickney opened proceedings by placing Mr, James Coleman on the stand, Mr, Coleman 1s well Known as having been appointed referee in various cases by Judge Barnard. The object of the prosecution in producing Mr. Coleman was to prove that on Augus, 6, 1869, the latter gentleman had sent a telegraphic despatch to Judge Barnard at Poughkeepsie, where he was visiting his sick mother, The despatch was said to be a summons to attend a mecting tnat evening at the residence of JOSIZ MANSFIELD, in Twenty-third street, where he was to meet Fisk, Gould and the rest of the conspirators in this at- tempt to gain possession of the Albany and Susque- hanna Rauroad, Mr. Coleman testified that on the 6th day of August, 1869, he was not in New York city, but at Loug Branch, where he was residing with his family. In answer to several other questions he also stated he was at Long Branch the day previous to the 6tn of August, and remained there for two three days longer. He was then questioned in reference to the charges and specifications which state that Judge Barnard was at Pougnkcep- sie on the 6th day of August, 1869, at the bedside of his sick nother; that he there received a telegraphic despatch from James E. Coleman, requesting his immediate return to the city, to attend a meeting at No. 859 West 1 wenty-third street; that, in accord. ance With the purport of the despatch, he came to New York, went to No. 359 West Twenty-third street, and there signed the documents appointing Messrs. Fisk and Couiter receivers of the Aloany and Susquehanna Railroad, in answer to these questions Mr. Coleman stated that he was not in New York city on the day named; had never sent any telegraphic despaich, and that, as far as he knew, there was not @ word of truth in the charge whatsoever, ‘The examination of Mr. Coleman was continued for a short time longer, but finally Messrs. Stickns, and Parsons dispensed with bis services and reste. on their laurels. ‘The next witness that occupied the stand was Mr. Steriing, a member of the firm of Field & Shear- man, who secured the order from Judge Bar- nard appointing the referees in the Aibany and Susquehanna case, Mr. Sterling testi- fied that on the oun of August, 186%, he was in New York city, and in the morning went to the Grand Opera House, where his firm nad a branch omice, in which they were in tne habit of transacting their bysiness for the Erie Railroad; his object in going to the Office on that special day was to meet the Executive Council and Board of Directors of the Albany and Susque- hanna Railroad by appointment, to be present at their proceedings, aud it was at that time that the papers were drawn ont vesting hls firm with the authority under which they acted in future pro- ceedings; Mr. Fisk and, air, Gould were not present, and he did not remember anybody else being there, With the exception of the gentiemen connected with the Albany and Susquehannan Railroad; as soon as he had drawn up the necessary papers he started in search of the nearest judge, and, near- ing that Judge Barnard resided in Twenty-first street, he went to his carriage with the iutention of driving Immediately to the Judge’s residence; on his way to accomplish this errand he met @ iriend, wio siopped him and askef him where he was go- ing, to which he replied, “Un some important busi- ness;’ his friend then said, ‘*You had better let me go wita you,” to which witness replied, “Ali igi, come aiong; I am going to Judge Barnard.” “If that is your business,” said the Iriend, ‘you will ind Judge Barnard somewhere near were, as I saw him pass @ few minutes ago; alter receiving these instructions Mr, Ster- ling weut oif tn search of the Judge, aud finally dis- covered him in @ house two or three doors from the Upera House, the basement of which was occu- pled by areal estate office, kept oy @ man of the name of Ford, who was the only occupant of the house; the Judge was seated with several friends and they were pleasantly chatting togevuer. Neither Mr. Fisk nor Mr. Gould were present: Mr. Sterling made Known his business, and, requesting the Judge's attention, read out his papers and then handed them over to Judge Barnard, who, afver making a carefw perusal of their contents, signed the order appouiting the referees; with this document im ms possession Mr. Sterling Jumped into his carriage and started for te ‘Hudson River depot, as he was anxious to reach Albany that (Saturday) might, $0 as to be In readt- ness for business early on Mond m the cars he met Mr. Fisk and some other friends who were also on their way to the legislative headquarters ior the purpose of commencing those proceedings for the Seizure of the books and papers of the colpany. | Mr, Sterling was then sabjecced to a very search- ing cross-examination by the counsel for the prose- cution, and ite tesufied that the firm of Field & Shearman had charge of Erie Railway L. Rau ever brome ad ever cided a suit for Vand olvin im a.case INVITE MILLION DOLLARS: the above case was tried belore Judge Barnard . ee ‘without a jury, and it was a case in which ¢ a enouaign My od wita the ee Om, Sterling belore leaving was ask: Judge Barnard’s counsel :— od by. ome oF Q. Had you any conversation with anv-persons about your appearance here before coming elore tata committee? A. Yes; | was spoken to by Mr, Albert Stickney and Mr, Joon Parsons, the counsel for the Bar Association, who told me that Il need not pay any attention to the subpoena, a they Would tell me when | was wanted on the stand; they said, “We went to keep the committee here; we want to pro- long the mvestigation; and in order to do so we Toust be able to saoW subpcenas of witnesses whose ditendance we have not veen able to provure.”’ The above remarks of the witness created a con. siderable sensation among the few members of the committee present. Acterk employed by the firm of Field & Shear- man was then examined -aboat going to Albany to Serve papers on dierent parties, 1a a” wea eee a when. ir. She: artner in the firia Shearman, arrived, He substantiated the was put u) tne: cand. “t ay ot Mr. Sterling, and.also added that Jac Barnard had never decidea a case in their fas when they appeared for. the Erie Kailway Companys eat he had never met Juage Barnard in ri 3; had never inet nim in company with and Gould; that he did not like having to — cases before Judge’ Barnard for decision; had to Judge Baraard’s house oud that was to obtain ab order wich he was re! ry that in one mstance he had Peg, p' & case to Elmira rather than bave it before Judge Barnard, ‘This closed the examination of Mr. Shearman, and, as it was then past six caniee committee ad- jJourned until haif-past seven P, M. . The committee got'to work again at ball: mae seven and put Mr, J. P, Lowery on the si ‘na (ae is @ member of the firm of Potter & wery, counsel for the Pacific Mail on Mr. Lowery gave evidence in the case of Goddard vs. Stanwood, which came up in 1569 before Judge Barnard, invoiving the claim for the sum ot $1,000, which had been placed in the safe keeping of the Pacific Mail Company. Upon ap- lication of one of the. claimants Judge jarnard granted an ex parte injunction apon the Pacific Mati Com , restrainiug them from paying over the money. Upon further appit- cation Judge Barnard vacated his injunction, and poe the Pacific Mail Company refused to pay over e money, The evidence elicited from the witness did not tend to prove any irregular conduct on the part of Judge Barnard, and Messrs, Stickuey apd Par- sons subsided, 4s there were no more witnesses to examine the counsel for Judge Barnard then addressed ie caair- Man, and made a motion that in the charges pre- Jerred against Judge Barnard which are now being investigated there are many which date back ne vious to the term of office which he now fills. Oharges are brought against him for decisions he gave in the early part of 1863, when he was only elected to his present position in tne tail of 1868 and took the oach of oifice in January, 1869, It was claimed by the counsel for the defence that although they discovered nothing of any importance in the charges occurring in nis previous term of oitice which could not be easily refuted aud ex- plained, yet they dented the right of the committee to impeach or remove an officer elected by the people for acts done by him previous to his accept- ance of the present term of office which ‘he now nls, It was also urged by the counsel for tne de- fence that if they could try Judge sarnard for acts alleged to have been performed while Judgé of the Supreme Court during his previous term they might With equal propriety try and remove him for acts done during the time he was Kecorder of the city of New York, ‘The committee was rather taken aback at this view of the question, and evidently it is one of grave importance, as they requested the counse! on oth sides to prepare and present to them written briefs upon tais subject on or beiore Friday next. AS there Were nO more witnesses to be examined the committee adjourned turther investigauon un- til Friday at ten A. M, ‘The members of the Judici- ary Committee will proceed to Albany this evening, QUARANTINE ‘INV&STIGATION, The Sub-Committee on Commerce continued the investigation into Quarantine affairs yesterday at the 3t, Nicholas Hotel. Graham Brown, clerk and engineer, examined— The money, 80 far as I know, for the carrying of passengers, was collected on the steamers, but I know not by whom; the accounts were kept by memoranda; I was paid $125 a month and also gave me presents from time to time; the presents were not in the shape of money; 1 could not give you an idea of the total amount received for the transportation of matis; $25 was received for each steamer de- tained in the lower bay; one steamer might be detamed in @ Week: sometimes more; the average the season round would be about one steamer a week; Iacted as paymaster: the Commissioners of Quarantine paid the money; the pay roll was ap- proved by Dr. Carnochan and then seat to he. Commygsioners; none ot the emplorés at Zio station are paid trum the Health omce; I supervised the repairs on board the Fletcher; I relieved the engineer on the Fenton from tine to time; I usually run the benton three or four umes @ week in summer time; the steamer was to Long Branch once last year to my knowlege; she was also to the sicam yacit regattas; Lreceived $250 from John H. Fay last year; it was given to me as compensation for information given by me to him about vessels; the information was about steamers that came up at certain times; as 1 understood, his object in getting the information was to let the con. signees know about tt; I kevt the money and used it; L had received moneys in tnat way someiew umes before; I tried to get tae vessels up for Fay, but can- not say that 1t was on my account they got tp; | got my iniot tion irom conversations with Dr, Carno- chan and deputies; | liave no means of Knowing the total sum received during the season for the transportation of malls; I collected the biils for tumi- gation, &c.;1do not Know that I could, from my Position, get @ vessel out of quarantine. A question was here put as Lo whetner.the witness ever gave any of the moneys he had received to any of the health oficers, and Mr. Boyd, counsel, ob. jected to any question being asked implying that uny charges were maae against Dr. Carnocnan, ‘rhe chairman replied there were no charges made against Dr. Carnochan, and that the investigation was concerning quarantine affairs, with @ view to a basis for legislation relative to quarantine, A. I collected probably $30,000 or $40,000 durin; the last three years; [ might bave collected $10. last year—perhaps more or perhaps less; never charged {or taking up letters; charged for bringing down supplies to the vessels in quarantine; $1 a head was Charged for vringing up passengers; never heard, aud bave no idea, of the amount an- nually received from passengers; we did not keep any account; charged a foreign first class steamer 50 for tumigation; coasters-.steamers coming om the West Indies—$25; ships with passen- gers, $25; without passengers, $20; brigs and sehooners, $12; the merchants thought the buls "00 steep; some of them were, others not; all European vessels were tumigated from Apri t to October 15; I collected tor fumigation, on an ave- day, three or jour bills; five policemen were in January; I had nothing to do with pay. ing the men in the Lower lay; Mr. . Bowers had the contract ior supplying flags; neicher Dr. Carnochan nor any one else knew of my having received the money trom Fay; I think that a larger portion of the money collected by me was passed over to the Commissioners of Quarantine: they got all the money received trom hospital bills; neither Dr. Carnochan nor any one else asked me not to appear before the committee; I did not come before because of my position as clerk at Quarantine, and because I thought al] the testimony needed could be got without me. George W. Wuite, of the Lightering and Stevedore Company, Was next examined, but his testimony Was rather short and not of particular interest. The committee then adjourned to Monday morn. ing next, rage, on duty ENGLISH COURSING, Tue WarTeRLoo CoP, of sixty-four subscribers at £25 each; the winner to receive £500, second £200; two dogs, £50 each; four, £30 each; eight, £20 eacn; sixtcon, £10 each; tho Waterloo Purse ana the Wa- terloo Plate, £360—total, £1,690, The first event was won by Mr. J. Briggs’ f. b, Bed of Stone, by Porte land, out of Lmperatrice, THE WATERLOO PURSE Of £215, taken from the cup stakes, for the thirty-two dogs beaten in the first round of the cup; the winner to receive £75, second £30; two dogs, £15 each; four, £10 each; eight, £5 each—total, £215. This event was won by Mr. C. T. Lister's w. bk. b. Chameleon, by King Death, our of Chioe. Tne WATERLOO PLATE of £145, takon from the cup Stakes, for the sixteen dogs beaten In the first ues of the cup; the winner to receive £75, second £30; two dogs, £10 each; four, £5 each—total, £145. Mr. B. H. Jones’ r. bv. Jewess, by Ewesdale, out of Tamar, was tne winner of this event, BUFFALO DRIVING PARK ASSOOIATION, Burrato, N. Y., Maren 9, 1872, The managers of the Buffalo Driving Park Asso» ciation Dave decided to offer purses for tne next August mecting amounting to $60,000, an increase of $10,000 over Jast year. The premium programme 13 as follows:— 3 minate horses... 2:50 minute horses. 2:40 minute horses. 2:30 miaute horses. 2:27 minute horses, $10,009 $1,500 2:25 minute horses. 500) 2,000 2:41 minute horses. Por ail no; Four year. Five-year-olda, 0) 1,000 13300 OURLING, A match was played at Hoxey’s Pond on Thurs day, March 7, between two rinks of the Paterson Curling Club, for the championsiilp, and resulted ta @ victory for J, FE. Bolton over J. Ry Smith, Tho players were as fojlowa:— oO. ope haw, B, Stapleton, B. Hoxey, J. Van Houten, Alex. Youn; R. Downy; ger, 3, B. Bolton, skip 23, 3. Re Suulule skip 1% Mwmeriw jor J. &. Bolion, 11 shots