The New York Herald Newspaper, March 22, 1872, Page 8

8 THE COURTS. Alleged Smuggling of Gold Watches—A Collision Case in Admiralty—A Case in Life Insurance Agency—A Landlord and Tenant suit~ Verdict Against the Enickezbocker Ice Company—The Borsrd Will Case — Business in the Genera) sessions, UNITED STATES CIRCUIT COURT. Alleged Smuggling ot Gold Watches, Before Judge Benedict, ‘The tria) of Charies Marxsen, who 1s indicted for having smuggied a large quantity of gold watches, gold chains and rings, was resumed yesterday. The Jeading, principal parts of the case have been already reported in the HexaLp. Evidence was Given yesterday by Udo Marxsen, brother of the de- fendant, to the effect that, with respect to the box containing the watches found in Udo's possession, Oustom House oMcers had informed nim that if he ‘would give them two ol the watches they would let him have the box. The witness id he did not own the vox, but would claim it as his if they consented to bis Claiming it; he never said to the Custom House oficer, Meyer, that he would pre him $1,000 1f he would let the box through; he jad no money to give the oficer; he had come to this country from Hamburg to seek employment; his brother Charles told him that he nad purchased ine watches in Switzerland; that he intended to proceed with them, by way of Havana, to Mexico, nd there dispose of them; and in order to siow that this statement was well founded counsel for deiendant, Mr. S. G. Courtney, with whom was Mr. B. F. Kussell, handed to the witness a package. ‘which was found in the trunk, and was ad- dressed 10 @ gentieman in Havana, The witness Identified the package as the one his brother Charles told him he had received, for the purpose of deliver- ing 18 in Havana to the gentleman to whom it was addressed, Counsel argued irom this fact that there was estaniished proof of a bona Jide intention on the of the defendant not to import tne watches inio New York, but into Mexico or some other place In South America, Meyer, the customs officer, was recalled by Mr. Purdy, counsel for gov- ernment, and, in reply to questions, said that he had Rot proposed to Udo Marxsen to get any money or consideration from him for passing the watches through, On the contrary, Udo e Would give $1,000 if ne (the officer) could manage to get the gooas for nim. The testimony having all closed. the further hear- LE? was adjourned to this morning, when te case Will be summed up for the defendant and for the government, UNITED STATES DISTRICT COURT—IN AOMIRALTY- A Coliision Case. Before Judge Biatehford. Yesterday Judge Blatchford tried the case of John Kearney vs. the propelier Vineland, pelonging to the New York and Baltimore Transportation Com- pany, and the steamer Weehawken, the property of the Delaware and Raritan Canal Company. Mr. Hill appeared for the libellant Kearney, Mr. Robert N, Waite for the Vineland, and Messrs. Sandiord and Woodruit for the Weehawken. It is an action to recover damages Jor a coilision on the Raritan River by which, it 1s alleged, a varge in tow of the ‘Weehawken was injured by a barge in tow of the Vineland. The case has conciuded. ‘The Judge wok the papers and reserved his decision, UNITED STATES COMMISSIONERS’ COUIT. Charge Against a Cigar Dealer, Before Commissioner Shields, The United States vs, Arnold Lightner.—The ae- Jendant, who resides or carries on business in Bieecker street, was charged with selling, or offer- ig for sale, cigars that had not been properiv stamped. He admitied the charge, stating that he ‘Was poor and wanted to raise some money, his wile Deing 1n @ delicate state of heallh, He would not trouble the Commissioner by going Into an exami- ation. The Commissioner said he was sorry to ear the defendant’s statement respecting his con- @ition; but the law left him no pptiou except to send the case vefore the Graid Julya~—. SUPREME COJnT—CiaCulT—PAAT I Commissions as Life Insiirance Agent. Before Judge Barrett. North American Life Insarance Company vs. James R. Dixon.—The defendant was the Buffalo Agent of the plaintiiits, and this sult was brought to recover $2,500 for premiums collected by him ‘Which be had not remitted. Defendant claims that be held them under an agreement allowing him twelve and a half per cent commission on certain poncies collected by him provided tne contract Bhoula be cancelied, in Octover, 1869, they mutu- aily agreed to cancel the contract, and the defend- ant claimed that the amountof his commission out. Dalanced his indevtedness to the company. Plaintifs set up that the compensation in question had been folly sectied by allowing it to tne defendant in the eettlement made with him tu Uctover, 1567, It was claimed by defendant that this contract was made iter the settlement and that he was entitled to re- @eive the same amount again, The Court directed a@verdict for the plalatiffs Jor the whole amount @laimed, with interest. SUPREME COURT—CHABERS. A Landlord and Tenant Case. Before Judge Cardozo. 8&0, Hatch vs, Willam H, H, Smith et al.—The plaintif jeased a warehouse, No, 4 Stone street, to Smith, the defendant, to carry on the storage busl- mess. Smith failed to pay the rent; the plainuffm ed and obtained eagment. Defendant now asks, 7 Mr. Thorndike Saunders, his attorney, to set up the fact thas he is bankrupt, and unless something ig done by way of stopping the plaintiff he might collect nis dept, which deiendant thinks an un- reasonable proceeding. Mr. Roswell D. Hatch, for the plainti(t, opposed @eiendant’s plea on the ground that the motion Should be to set aside the judgment, not to tle a ee romee answer. e Court agreed with the opposing counsel and @enied the motion, Decision. by Judge Ingraham, Landon va Tribune Associatlon.—Three cases; orders for cor! ““SiPERIon cOURT—SPECIAL TAY. Decistous. By Judge Sedgwick. Ricker vs, Graham.—Order granted. Buel et al. vs. Tobacco Manufacturers’ Assocla- don Company.—Order of refereace granted, Bogart vs. O'Brien.—Order granted. Hubbard et al. vs. Great Western Insurance Com pany.—same. Davison vs. Parker et al.—Same. Holt vs. Will.—Same. Riddie ve, Logan.—Order of reference granted, Lush ve. Beckerman et at.—Order granted. COURT OF COMMON PLEAS. Verdict Against the Knickerbocker Ice Come pany. Before Judge Van Brunt, The Knickerbocker Ice Company vs. Jonn C. Wince.—The defendant made @ contract with the Plainufls for 1,000 tons of ice at $2 per ton, and in 186@ made an additional contract for 2,000 tons of Ae wt $2.50 per ton, with the option of taking at the fame price 1,000 tons more, According to the terms O! the agreement the defendant was not to sell, except at retail, and at @ price the com- pany might stipulate. It also provided that in case the company should fall through a@ny cause to obtain a full supply of ice that he e@bould then receive only pro rata on his contract 10 Proportion to the amount stored to the full supply, @nd that they should pay him $1 per ton for every ton they failed to furnish, Any other ice purchased by the defeudaat from them should be charged for gt current rates. in May, 1870, they noutied Mr Wince that his pro rata share was 670 tons on te $2 50 contract, which, with some 290 tons on the $2 contract, was all the ice he got on the two contracts, In the months of August, September and Octover of tha game year be obialned trom thei some 490 tons, charged to him at the rate Of irom $15 to $16 per von, the total charges against him amounting to $7,833, and leaving, alter deducting some payments On account, some $6,000 due. The defendant sets op tat the release obtained from him on tne 25th of May was got through Iraud. The officers, he gileges, told him that they got only avouc twenty-nine per cent of their full sup- ly, and that if be did not sign the jease he could not get a pound of ice, He alleges wat the company onthe contrary had Very nearly a tuil supply aud took this course to compel him to buy at high prices the ice he was en- tied to at a Jow price, He claims to offset as dam- ages the higher price which that ice would have brought, which he says would have amounted to over $30,000, In support of his defence he brought evidence to show that the sales of the company m the year 1868 amounted to about two hundred and twenty-five thousand ‘tons; In 1869, to about two hundred and nineweo thousand tons, besides an export business of some fifty thousand tons, and in 1870 to about two hundred and ten thousand tons, so that the mount sold during the year in question was but littie less than the iull suppiles of tue two previous ears, The Judge charged that the defendant was ole on the piaintitis’ bill, but whether the ae- dant could recover damages depended on how ase Of the 2ist of May was obtained. If the nidant, knowing ali the acta, elected to love lis $1 per ton peuaity tn order to secure the 670 tons, Wen that release was binding on Dim; but it he was Geceived as to the sacts oy tie plaintiffs and signed ler Wiis influence it was Void, He should hold that il BUppiy did nof mean that all the plaititts? Wo houses ehouis ve fued, but the ordipary amount NEW YORK HERALD, FRIDAY, MARCH 22, 1872.—TRIPLE SHEET. whtoh they for their business. The basis as to saiés was uncontadicted, The rule of aamages, should they flad deceit to have been prac- tised, was the difference beyween the contract price of the ice that was not delivered under the contract and the price of it, ana the Lime he made a de- mand, in May, which was shown to be $8 per ton; should they find this in for ol the defendant they would aeduct irom this amount the plaintiffs’ claim and find for the defendant for the balance. ‘The jury brought i a verdict lor $12,101 96 for the defendant, Messrs. Oakey & Barnum for the plaintiffs and R, G, Huntiey for deendant, COURT OF COMMON PLEAS—SPECIAL TERM. Decisions. By Judge Robinson. Ontario Kank vs, New Jersey Steamboat Com- pany.—Judgment for delendants; Gndings of law and fact filed, Wing vs. Lee.— Motion denied, with $10 costs. Cohen va, Rubenstein.—Order of arrest vacated, Without costs, ‘os San y Judge Larremore. Steele vs. Bell.—See Gecree. SURROGATE’S COURT. The Bonard Will Case—Contest for the Miser’s $100,090—Adjournment Till April 1. Before Surrogate Hutchings. A lively as well as an amusing contest was eagerly anticipated in the Surrogate’s Court yesterday morn- ing, trom the fact that the celebrated Bonarda will case was coming up for final hearing. There was a regiment of counsel in attendance, and the prospect of a field day was very fair, When the case was called, however, Mr. Coudert, on behalf of the Frencn Consul and the unknown heirs, moved for an ad- journment until une evidence already taken should be fully printed, The Surrogate gave instructions to have the tes- Umony printed and copies served upon the counsel. Mr. Gerry opposea the motion for an ajournment. Mr. Boyd, who appeared on behalf of the execu- tors, suggested that inasmuch as the Court had made no appropriation to pay for the printing, something &! ould be done to see that the printer was paid. The Court then gave the necessary directions in the mateer, and the case was adjourned until pril 1. COURT OF GENERAL SESSIONS. Before Recorder Hackett. Buraglars Sent to the State Prison. In this Court yesterday Edward Graham pleaded gulity to burglary in the firat degree, the charge be- iug that on the night ef the 23tn of January he en- tered the resideuce of John Gaines, 13 Horatio Street. He was detected ana caught before making away with any of the property ne nad prepared for fomcent Ten years i the State Prison was the sentence promptly imposed by the Recorder. Jonn Healy pleaded guilty to the third grade of burglary, the indictment charging that on the 9tn of February he broke into the premises o! Edward Early, 479 Seventh aveuue, and siole $2 84 in money. The extreme penalty jor this crime was imposed— five years in the State Prison. Edward Garry, charged with burglariously enter- ing the premises of Mary Reilly, 63 Kidge street, on tne 2d of February, and stealing two coats, pleaded guilty to burglary in the tuird degree, and was sent to the Sing Sing Prison for four years and six months. Wilham Lindeman, who, on tne ist of February, stole two bags of feed, the property of Phillips Walker, pleaded guilty to petty Jarceny and was sent to ihe renitenuary for six months, COURT OF SPECIAL SESSI0} A Juvenile Highway man—Belligerent Till Tappers Sent to the Penitentiary. In the Court of Special Sessions yesterday morn- ing a boy named John Frazer, aged thirteon years, was tried for highway robbery. From evidence adduced it appears tbat a small boy about eleven Years of age, son of John KR. Hunt, who lives at 11 Cannon street, was sent to the grocery store last Friday night with @ $10 bill fer the purpose of pur- chasing some goods. On the way he was met by young Frazer, who, preeneing, @ wooden fire- cracker pistol at his head, demanded:—‘‘Your money or your lile ? Hunt patd little attention to tois polite Betis to disgorge, and ay on oe Way, whe! 0) Tascal Frazer drew if and’ stiuc Mn” wth rh vi otenes as to knock bim down. While in this prostrate presi on Frazer relieved the little fellow of his $10 iil and made off with it, Last Monday he was ar- rested by an officer of the Eleventh precinct, and gonarday Judge Dowling sent him tothe House of luge. BELNIGERENT TILL RAPPERS. On Monday night last Jonn Kelly and Joseph Mc- Ginness went into the store of Bernard Mehrsten, 389 Spring street, and while Kelly, with a huge knife in one hand, ran Mehrsten arouad the room McGinoness went through tne till and robbed it of its entire contents—$1 in penmes, An ofiicer ar- rested ihe interesting, but demonstrative couple, | and, being found gmity a8 charged, Judge Dowling sent them to the Penitentiary tor six months each, COUNT CALENDAB3—THIS DAY. SUPREME CouRT—CrRcuIT—Part 1,—Nos. 2381, 27, 2475, 2787, 2841, 1807, 2427, 2525, 2487, 2677, 2609, 2708, 2057, 725, Part 2—Held by Judge Brady, Parts open at eleven A. M.—Nos, 1186, 140634, 2540, No. 1, 2042, 2648, 2700, No "2, 2643, 2178, 2608, 2726, 04, 2840, 2601, 118634, 1302, 2188, 255034, 2590, 4, 2826, 2392, 230414, 2033, UPREME COURT—UHAMBERS—Held by Judge Car- 0020.—Nos. 173, 175, 23, 47, 64, 67, 68, 82, 86, 89, 1, 92, 95, 102, 108, 138, 144, 147, 152, 165, 168, 173, CourT oF COMMON PLEAS—LRIAL TERM—Part 1— Held by Judge J. F. Daly.—Nos, 1712, 1428, 1789, 1925, 1899, 1966, 1298, 1509, 1561, 1670, 1326, 1586, 1861, 1981, 1782, 2116, 209, 1775, 2240, 2244, 2250, 2257, 1839, 2140, 2289, 2181, 2192, 2221, 1845, 2209, 1594, 1938, Part 2—Held by Judge Van Brunt.—Nos. 1708, 2126, 2122, 2039, 2041, 2090, 2144, 1418, 1988, 2099, 1611, 2082, 1773, 2002, 1635, 2042, 1984, 2264, 2226, 2236, 2138, 1779, 1868, 1424, 2223, 2027, 2259, 2150, 2224, 2258, SuPERIOR CouRT--TRIAL TerM—Part 1—Held by Judge Barbour.—Sbort causes 1810, 1830; set down Causes 1509, 1067, 1497, 183, 1697, 1165, 1845, 1847, 619, 1459, 1397, 783, 1583, 1819, 1349, Part 2—Held by Judge McUunn.—Nos. 1068, 760, 640, 382, 624, 848, 00, $16, 1046, 1218, 88, 868, 610, 1246, 1126, MaRiNe COURT—TRIAL Hma—Parl 1—Held by Juuge Gross.—Nos. 8181, 8970, $706, 8359, 8024, 8930, 8935, 7181, 7909, 8016, 8089, 8092, 8425, 8243, 8361, 8364, Part 2—Heid by Judge Curtis.—Nos. 7331, 8117, 9043, 8150, $225, 8201, 8236, 9133, 8158, $310, 8259, 8258, 8747, 6124, 8177, 8340, 8343, 9147, 8311, 8313. Part Held by Judge Shea—Parts open at ten A. M.—Nos, 9152, 9228, 9224, 9150, 9070, 9163, 9229, 9227, 8674, or 8919, 8714, 8735, 8810, 8837, 9230, 9232, 9234, NENG oe 8 ATTEMPTED MURDER, A Car Conductor Stabs ‘a Mon in Chatham Street. About five o'clock yesterday morning, as Augustus Waters, of No, 52 Oliver stroet, was passing through Chatham street, on his way to the Astor House, where he 1s employed, he noticed two men ap- proaching him from opposite directions, One of them appeared to be somewhat intoxicated and as they drew nearer Waters stepped aside to allow them to pass. Ashe did go one of the two men— the one who appeared to be sober—was heard to say, “Oh don’t, George; come along)’ and in an in- stant more the intoxicated man caught hod of Waters and plunged a huge, murderous-looking knife into his abdomen. OfMicer Sullivan, of the Sixth precinct, wao chanced to be standing on the opposite side of the street, and who saw the affair, ran over and arrested the would-be murderer and found tne kaife, which he had thrown away as soon as he stabbed Waters, On taking him to the sta» tion house, he gave bis name as Geo Hughes, and bis occupation as that of acar conductor, He gave no excuse whatever for his action. During the forenoon he was taken to the Tombs, where Judge Dowling committed him to prison in default Of $2,000 bail. Waters was removed to the Park Nospital, where his injuries wero examined by the attending pnysi- clan and pronounced pot necessarily of a danger- ous character. BOND ROBBERY, A few days since William Brown, a colored man, in the employ of Mr, John J. Howell, of No. 2 Bx- change place, stole from his employer two bonds of tue New Orieans, Mobile and Texas Ratiroad Vom- pany. The bonds were for $1,00) each, but as they were not fully executed were, of course, worthiess, Brown took them to Mr. H. B. Samuel and of. fered them for sale, and that gentieman, knowin, ll was not right, caused the “culiud’ man’s arrest Yesterday morning he was takeu to the Tombs Po- lice Court and committed to answer in the Court of Special Sessions, AQUATICS, At the annual meeting of the Neptune Rowing Association of West Brighton, Staten Island, held January 8, 1872, the following oMcers were elected for the present year:—G, A, Middlebrook, President; W. K. Lada, Vice President; T. H, Whitman, Re- cording Secretary; J. D. R, Wemple, Corresponding Seoretary; ©. W. Durand, freasurer, and W. R. Wemple, Captain, On the evening of the 11th instant a meeting of the committees of the different rowing ana yachting clubs of the District of Columbia was held at the Dickson House, Washington, at which it was re- soived that in order to curry out the project of hav- ing @ grand national regatia take piace on tne Potomac River during the coming sutnmer it would be necessary to ca:l upon the public tor contrinu- tions, and a committee was appointed for that pur- pose. A committee was also appointed, consisting of Messrs. Gardiner, Marbury, Fife and Upperman, to wait upon the diferent hotel proprietors and con- sult with them upon the practicability of raising a hotel purse as one of the prizes, Measures will be taken $0 procure a reduction of fare on ail railroads leauing i Washington, and also comfortable hovel accommodations at redaced rates for all who may wo to parcicipate in the regatta, TEE TENTH AVENUE HOMICIDE. Tritl of Philip Wilke, Charged with the Murder of Rudolph Wucherer—ihe Testimony in the Case—Recorder Hack:tt to Charge the Jury To-Day. Yesterday, In the Court of General Sessions, before Recoraer Hackett, Philip Walke was called to the bar, charged with the homicide of Rudolpn Wuch- erer On the 24th of September, 1871, by stabbing him with a knife. As the case was not one which cre- ated much excitement as the time of the occurrence no delay was experienced in empanelling 3 jurv. After Assistant District Attorney Fellows had opened the case, having stated that the prisoner kept a lager beer saloon at 41 Tentn avenue, where the stabbing took place. he called Joseph Elle, who said that be knew Wucherer six months, and that he was a machinist; the prisoner kept a lager beer saloon, and wituess was present at the time Wuch- erer received the injuries that caused his death; witness, Francis Welss and the deceased went into the saloon and asked for and arank six glasses of soda water; the deceased paid the prisoner sixty cents, and then asked Wilke why he called him a vagabond; the prisoner repiled that he did did not know of any such expression, and had not said anything of the kind; the deceased said that he could bring witnesses to the fact; then the prisoner’s wife, who had been in the rear room, came out and said to the deceased;—“You want still to have something more; you want something from us; you are the meanest man in the world;”” Wucherer turned round and sald to her:—‘You are too mean for me, too bad for me, as that I should talk to you;” then Wilke jumped up and sald:—“If you insult my wife I will go and kill you;’’ he Jumped up from the chair, rushed from behind the bar, took a knife, and at the same time stabbed Wucherer in the left thigh; he lived about twelve or fifteen minutes; the knife was seven inches long and was used for cutting cheese; no blows passed between the parties previous to the stabbing—no- thing except angry words; not half a minute elapsed from the time that Wilke said, “If you insuit my wife 1 will kill you,” and the stabbing; after the deceased was stabbed Wilke and bis wife had hold oi him, and then he tell down, Crogs-examined by Mr. Howe—The deceased was @ powerful man; he (the deceased) did not, after the prisoner said, “If you insult my wife I will go and kill you,” take the prisoner by the throat and endeavor to choke him; the deceased did not nave the prisoner’s wife by the hair of the head, but ehe struck the deceased in the face, Francis Weiss testified that he accompanied the previous witness and the deceased to the saloon, and after drinking soda Wilke asked the deceasea why he called hima vagabond; he replied that he did not do it, whereupon the prisoner’s wife came out and said, “it 18 no use talking, you are the bads dest man im New York; if you earned $30 & week ou Will spend $60; Wilke got up and said, “li you insult my wife 1 am going to kill you,” rap peaind the bar, took @ knule and ran itinto tne deceased; there was no quarrel previous to the staoviug ex- cept angry words; the witness did not see where the prisoner took the knife irom. Cross-examined—The deceased was a big man; he did not take the prisoner by the neck and attempt co choke bim; ihe pr.soner’s shirt was not torn; te jeveased did ngt catch the prisoner's wife by the air of her head, The Assistaut District Attorney read the deposi- ton of Dr. Beach, who stated that ne made a post- mortem eXaminaiion of the deceased, and found a wound two inches wide about tae middie of the leit } thigh, aud six inches 1n depth, dividing the femoral artery, ‘The death resulted by exuaustion from hemorrhage, ‘his Closed the case for the people, THE CASE FOR THE DEFENCE, Philip Wilke testified in his own behalf. He said that on the 24th of September, 1871, tne deceased came into his salooa, and being under the inflaence of \iquor he refused to serve Lim with wine; wien Wucherer called him a vagabond, the prisoner's wile came out and said, “You are one—u you earn $35 & week you spend $50;” when he called my wile the worst woman in the city of New York, J ordered him out two or three times; he sae he had 4 right to be there; thea | told nim * Vii see whether you have @ right to be here or not;” I got up and went towards the counter; he immediately fol- lowed me and took me Irom behind with both his hands by my neck and throat aud choked me; then my wife came and wanted to tear him off from me; then he let go of me with one of his hands and seized my wile by ner hair; he let go of my wife ‘and took hold of me again with both nands; ne was @ great deal more powerful man than myself; he pushed me Lowards the icebox; the Kuile was lying upon or near the bar (1did not go behind the coun. ter); I took the knile; I did not want to murder the man, but I wanied to give him @ good cut so that he would let go of me; if 1 had intended to kul him I would have stabbed him inthe body; what 1 did was done in seli-defence. Mr. Fellows, in cross-examination, bad tne Inter- preter read the following extract from the state- ment which the prisoner made before the Curoner:— “I saw plood on the floor; how the deceased was stabbed Io not know myseif; I did nov stab tue deceased.” Wilke, in response to the question whetner ne said that or not, replied, “Then tney understood me wrong i I said so,’ Counsel cailed Francisco Wilke, the wife of the prisoner, but the Recorder ruied that the law would not permit her to be a witness for her husband. Arecess of half an hour was taken in order to afford an important absent witness time to arrive irom a distant portion of the city. Alter the reassembling of the Court Simon Adamskey, now On the police force, testified that he ‘Went into the prisoner’s saloon with a friend on tne night Oi the stabbing; they were tn the back room, and there was a row in the other room; just as they got in the back room they saw a couple of men “sussing” on the floor and a woman; one man was Iving down and tbe other one was over him; the same Man that was over the man that was lying down had the woman by the hair; he was a bigger man than the one who was lying down; the witness could not tell whether it was the prisouer aad the deceased, for he and his friend went out of the vack on ne Mr. Howe proceeded to sum up, arguing that the testimony falled Utterly to support tne charge of murder; but the jury mignt reuder a verdice of manslaughter in the third degree, ‘Assistant District Attorney Fellows, on the con- trary, eloquently urged that the evidence clearly established a case of deliberate murder in the first degree. He said that tne safest crime men could commit in New York was murder; sor when a man killed another lawyers built up a wall of legal tech- nicalities and 80 Worked upon the sympathies of jurors that it was almost impossible for prosecuting idee a to obtain convictions where the penalty is deat As Mr. Fellows did not conclude his argument titl late in the evening, the Recoruer deferred deliver- ing his charge ull the morning. Mr. Howe read a number of requests to charge, after which tne Court adjourned, THE BRUSSELS MURDER. Jadge Cardozo Refus: to Discharge the Prisoner Vogt—His Reasons for the Ke- fusnl. In the case of the Belgian, calling himself Carl Vogt, arrested on the charge of having In his pos- session and putting in circulation stocks and shares alleged to have been stolen from the Belgian noble- man, the Chevalier Dubois de Bianco, and also strongly suspected of the murder or the latter, the full particulars of which have been published, Judge Cardozo, of the Supreme Court, rendered his decision yesterday morning upon the application for the prisoner's discharge on a writ of habeas corpus and certiorari, He refused to grant the applica- uon, REASONS FOR HOLDING voor, The Judge gave the following reasons for tne prisoner's detention in custod 1 think I ought Dot to interfere under the circumstances oi this case, The proceedings are still pending before the magistrate and do not appear to be unreasonably delayed, and while testimony is being and to ve given | ougnt not on certtorari to say that what has already been shown does not make @ periect case, for the deficiencies may be supplied and a fair op- portunity In such acase should be allowed to the prosecution for that purpose. in the present stage of te case I do not think [ ought 40 interiere as to the question of ball pending ihe examination, but should leave it to the magistrate beiore whom the examination is being conducted, If the proceed+ ings are Dareqeon ey delayed a further applicauon may be made,’? Writ dismissed, AN OFFAL OUTRAGE IW 80U‘H BROOKLYN, The people of South Brooklyn resident of Court street and Hamilton avenue are highiy incensed and threaten violent measures against an outrage that has been folsted upon them by Street Commis- sioner Bob Furey's orders. fhe indignity 1s a cry- ing one, which appeals to every resident of that section of the city, especially as the springtime and sunshine approach. It is none other than the es- tablisnment of an offal dock at the foot of Court Street. ‘his 18 one of the most thickly settled sec. tons of the city, and the people resident thereof sufler enough irom foul air diseases in the course ofthe year without enduring such an additonal burden as tne offal dock or dead animal depot Would impose upon them, The contractor, M Clark, Is in favor of establishing the dock for carrion on Newtown Creek, lar from any babitation; but the city authorities say they have no funds applicable for the erection of sueh a dock, Threats e been inade against the workmen, and fears Are entertained thay they will be carried into exe- cUnOn, Aw the breeze Low pomts ‘ne offal boats Wil either be cCompelicd to swita of 10 some other Jocaiity oF sink at tueir moorings. MUNICIPAL AFFAIRS. Postponement of the Meeting Until Saturday. A meeting of the Board of Audit was held yester- day. At three o'clock, the hour appointed for the meeting, Comptroller Green said that he had re- ceived @ despatch from the President of the De- partment of Parks, stating that he could not be present at the hour appointed for the meeting of the Board. Onthe movion of Commissioner Van Nort the Board adjourned until Saturday next, at three lock. The act of the Legisaiure under which the Board 1s constituted requires the presence Of ali the members of tue Board to render the proceed Ings legal. . BOARD OF ASSISTANT ALDERMEN. The adjourned mesting of the above Boara was held yesterday. THE GUIDET PAVEMENT. A motion by Assistant Alderman Healy to pave 126th street with Guidet pavement was, after a short discussion, ordered to lay over. THE LAFAYETTE PLACE EXTENSION. Asssistant Alderman ConNoR moved that the Coun- sel for the Corporation be requested to discontinue the advertisements In the corporation newspapers relating to the extension of Lafayette place. He stated that 1t wasa useless expenditure, and cost the city $184 per day. The motion was adopted, Healy voting *‘No.” HB NEW PAY ROLL. Assistant Alderman FOLEY moved the following:— Resolved, That the Comptroller be requested to pay the Feta irfareenreth toy eo A Clerk, $1,600 Band asditdan Chet 600; ‘Third Ansiat- ant Clerk, $1,000; Index Cierk, 1,000; Engrossing Clerk, 1.600 ; General Clerk, $1,600; Sergeant-at-Arma, i AB sistant Sergeant-a'-Arms, #1,600; Doorkeeper, $1,600; Mes- senger, $1,600; Reader, $1, Messenger to President, $800. The motion was adopted, and the Board adjourned until Monday next. geeraae SCHWARTZ moved the following resolu- lon t— Assistant Alderman Resolved, That the Corporation ordinance of 1866 (section or Awe e 6), which reads as foilows: shail be drawn or propelled at a greater speed than at rate of five miles an hour in any street of said cl! Fourteenth street,” be amended to read as follows no engine or rafiroad cars of any description be run at a Greater speed than fonr miles an hour on the New York farlem Railroa1, excepting that portion lying between Sev- enty-ninth and 116th streets.” ‘The resolution was adopted, BOARD OF STREET OPENINGS, A meeting of the Board o1 Street Openings was held yesterday afternoon at the oifice of the Cor- poration Counsel, in Nassau street, Present—Mayor Hall, Comptroller Green, Commissioner Van Nort, Commissioners Sands and Kings, of the Tax office, and Corporation Counsel Richard O'Gorman; Mayor Hall in the chair, On motion of Commissioner Sands Commissioner Van Nort, was appointed Secre- tary protem, Mr. O'Gorman offered tne following preamble and resolution, which were unanimously adopted:— Whereas the extension of Larayette place from Great Jones street to Bleecker sirect, in the city of New York, was here- fofore cirected by @ fesolution of the Common Council adopted October Il, 1869; and whereus the said Common Coumell have lately directed the proceedings in relation to the extension to be discontinued ; and whereas many doubts ve arisen as to the power of the Common Council to direct such discontinuance, now, therefore, in order to ratify and gontirwy and give validity to the said action of the Common ounc Hesolved, That all legal proceedings taken for the sald ex- tension of Lafayette piace be now discontinued and public notice given of the same. The Board then adjourned. THE CROTON WATER, Commissioner of Pubitc Works Van Nort states that the collection ana enforcement of the ordl- nances relative to the water rents, by ciose exam- {nation of the hotels, factories, breweries, slaughter houses, stone yards, stables and tenement houses, are being rigidly carried out, and the payment of dues, which were gradually passing into @ state of non-enforcement, will now be fully carried out ‘The receipts trom this source have been increased to the extent of $61,500 during the present year truck, carria over the correspouding months of 1871, and at this | rate the increase (or tne present year would be up- ward of $200,000 per annum, DEPARTMENT OF DOCKS, The Commissioners of the Department of Docks held tneir weedly meeting yesterday, when the fol- lowing business was transacted:— REPORTS OF COMMITTEES. ‘The Executive Committee reported in favor of no- tilying J. 5. Brown, street cleasing contractor, to raise Une gunwaies of his garbage scows, to prevent garbage faliing tnio the siip, Adopted, To require the removal o! the obstructions at the end of pier 23 ast Kiver, Laid over, Tue Auditing Committee reported the balance on band Jaouary 31, $103,369; receipts and mverest on deposits to February, $72,657; total, $176,027; disbursements and amounts paid to Comiuissioners of Sinking Fund, $116,002—bvalance on band, $60,025. ‘This, alr. Wood said, had been increased by amount received trom the Comptrol- Jer $501,000, 30 that Lhe sum on hand is about $105,009, less several payments, He also stated taat the Board 18 promised $200,000 more before the end of March, and they could not go on with their work before wat ‘was received, REMOVAL OF OBSTRUCTIONS. Mr. KANE offered a resolution that, as the Su- preme Vourt has removed the Injunctiuns restraim- ing the Board from removing certain onsiructions on the water iront on the North Kiver, Messrs. Coffee, Williams and others be notified to remove these obstructioas on or before April 1 next, or they will be removed by the Board at their expense, and that all other parties who have been notlied to Temove them ve required to do so on or before that a ALE. Alter this discussion, some of the members thinking the action was premature, tie resolution was adopted, Messrs. Agnew and Hunt voting nay. Several communications were received and Te- ferred aud the Board went into excculive session. THE COMPTROLLER AT WASHINGTON MAB- KET, Comptrolier Green made an official visit to Wash- ington Market yesterday, accompanied by Colonel T. F. Devoe, Superintendent of Afarkets, and Mr. R. G. Carroll. The bullding bad been put ina rather cleanly condition to receive the visitors, The Comptroller first noted the extension on West street, which has been made of late years, and then proceeded to the West Market, and also had his attention drawn to the offensive dumping pier at the foot of Vesey street. Then going to the main building he was formally welcomed by Haisey W. Knapp, who sald that for twenty-six years the market had never been visited by any city official ana complimented Mr. Green on the improvements which had been made in the city during his administration. fhe Comptroller replied that, without pledging himself to any particular line of policy in regard to Washington Market, the general weal would be pro- tected. He was glad to see that many of the objec- tionable features of the market had been removed. He did not beileve that 1% was advisable to remove the market higher up town. PAYMENTS BY THE COMPTROLLER. Comptroller Green yesterday paid the Department of Public Parks, for salaries and wages of attachés and laborers of Central Park, $40,000; also the sala- ries of oficers and clerks Of the Mayor's oiice for January and February, 1872, $4,500, THE JANITOR OF THE NEW COURT HOUSE, ‘rhe City Chamberlain has ordered the fam- ily of Edwin M, Haggerty, the alleged voucher thief, formerly janitor of the new Court House, to vacate the premises immediately. If, as hitherto, they slight the order, the only course to be pursued 1s for the Board of Supervisors to direct the Corporation Counsel to take the neces- sary legal measures to remove them, Yesterday the County Treasurer appointed Mr. Richard Fannigan to tne office of Court House jant- tor. Mr. Flannigan nas entered upon his duties and Will await the development of events as to his pay, the provisions for woich seem at present to be somewhat complicated, PROBING THE PUBLIC OFFICES, A Complainant at Last Found. Messra, Niles and Fiammer, of the Register’s and County Cierk’s office investigation, ander tne authority of the Judiciary Committee, sat last even- ing at the Fifth Avenue Hotel to hear complaints as to the management of these bureaus, A lawyer, Samuel B. Higginbottom, after very imperiousiy de- manding the authority under which the cerswitvee acted, volunteered to testify that he had done bast- hess in these offices for twenty years, and the man- her of doing !t was precisely the same to-day as under former administrations; that they have charged in the Register’s ofMice five times tne legal tees, and he had paid into both offices fully $1,000 per year extortionate charges; witness sald that it the Committee would go to the Equitable or Mutual Life associat‘ons they would find records of searches Where the present Regis trar has charged more than three times tne stavut- ary allowance; the siatule aliows bul ten cents @ Toilo; the charge is about $2 76 to $3; for & sutistac- tion piece, Lwenty-five cents, and they charge $1; by the extra exactions on searches the Registry oMce reaizes about $76 000 per year; he produced & copy of a sevrch where the Kegistrar charged $25 06, Wlule the Jaw 0; 1840 declares he gan charge but $5 for any search; under some lew he clatmed to be entiuied to charge five cents for each return ana ten cents per year for each mame; histees for tuis search instanced would, ‘therefore, be but $755; you will find that lias. tated in every lawyer's ofice in the city, and this as been the complaint tor years; they their business is stopped if they complain; the law of 1853 requires trar to make his search without delay, and he forfeits his fees if he does not do it ‘within twenty days; I never could get my searchesin fifty days uniess1 paid extra; the Registrar can give every search within five Cy Ae: have put in oue since the Ist of Janu- ary, and the same system revalis under the present management, as I learn reference to searches made this year: 1 will give the commitice the names of stx gentlemen to produce papers which Will prove ail I have said about the overcharges, by both the late‘and present Registrar; they are James W. Alexander, Equitable Life Insurance Company: Mr, McCurdy, of the Mutual Lite; Mr. Betts, of Betts & pod ange fede! ht Olmstead. peaking 'o! abuses in the Cor "8 office, Witness said his general A That the lawrers were constantly complaining of exac- tions, and they have spoken of the necessity of a combination to resist them; he believed the County Clerk’s office now 18 mana; betier than it was under any of Loew's predecessors; he only com- plained of the charges for searches, and had no other knowledge of irregularities; the Clerk never makes @ search that he does not charge from two to three times as muon as the Jaw allows; witness produced a copy of search, where the charge made was $20 40, and stated that under the law he was only entitled to $28 35; fre- quently he had searches which permiited of no extra Charges unhonored for fully thirty days; the County Clerk idicates on the retarn the charge; the ol a yharge ior extras frequently was as large as the legal charges, ‘The further hearing of evidence as to the Registry Office was set for Sutur- day, at ten o’clock A. M., and for the County Clerk’s office at six o'clock P. M. the same day. THE JERSEY CiTY FRAUDS. Fourth Day of the Trial—The Police Assessment $3,000 for the Ring—Erasing the Pay Rolls-Who Forged Captain Parker's Name to a Check?—The Case for the S.ate Closed—Mr. Pritchard’s Statement. ‘The triai of the Police Commissioners and Chief of Police of Jersey Cluy was resumed yesterday. Robert P, Dickson, Inspector of Police, was placed on the stand, He teatiied thathe had certified to and signed the y rolls; he recelvet {ustructions to insert the increase to the salaries of the Chief and captains; the Chiet informed him that President Pritchard had directed ft; his own salary November was #16417, though it was lary? A. I don’t know; ordi- captain ; I col.ected money trom political purposes; the total amouut was about wmoney I handed over to resident Vritchard in :aiment George Warrin, clerk to the Police Commissioners, was examined, but there were few reve ations in his teaumouy not previously given by other witnesses. A pay roll from which the total Amount had been erased was shown and. he was asked to account for the witeration, ‘The ouly auswer given was, ‘1 don't know.” District Attorney—Has not the total of these five lines been altered, Just look at it yourself? A. Yeu; I see they have; but the alteration was not made by me, Y. You don’t know then who ‘made the alteration? A. No. In looking over the check books one appeared which was drawn for #10) salary of Mr. Warrin, and dated No- vember 16, but it was not signed. ‘This he could not account for, although he ted he received the money. He re- ceived altogether for eleven months services $1,100. ‘Jobn KE, Scott, City Clerk, testitied to the warrants drawn by bim for ihe Police Department. Mayor O'Neill was examined and testified to the warrante siqued by him for the Police Department. He was cross-ex- amined by Mr. Wioteld—Tne warrants are drawn by a reso- lution of the different boards and I sign them; it is impossi- ble for meto tell whether they are correct of rot; it is not usuai to have warrants drawn for salary not already aue; I would not sign @ warrant under any such circumstances. Mr. Wintield here extavited a warrant dated October § and signed by the Mayor for salary due to the Police Department for the month of Uctober. . How do you explain that? A, Well, there is consider- able red tape about it; the money has to pass through so many hands I would not aign it if I bad known it; I would not asa rule, sign any warrant in advance or for work not et done, Oe Welly but haa it not been done during your term as Mayor? ‘A. No; the money would be simply drawn betore- hand and placed to the credit of the Commissioners to be paid out when it became due. ‘To the Disirict Attorney—-Never heard of the policemen be- ing paid im advance; am an ex oflicio member of the Police Board, bnt I never attended any o! thelr meetings except two or three; don't know of my own Knowledge whether an warrant was ever drawn for the pay of policemen in ad- vance the warrant never speciiis for what {ime the money is to be paid, Ezra A. Carman, City Comptroller, and Josiah Hornblower, City Treasurer, were examined. ‘Th’ latter, on cross-exam- ination, state! that it was a common thing’ for the diferent boards of the city government to draw saluries in advance, thus testify ing in direct contradiction to the Mayor. David A. Tayior, paying teller of tue Hudson County Bank, was examined for the purpose of certifying to the checks [or the Police Department which were paid by that bank. Captain Parker was recalled and was shown the check book. ‘The signature to a check for #50 and signed “James er” was not his; neither was. tue signature “James Parker” on the corresponding check ; he did not authorize any person to sign bis name; he re- ceived the money on It, however. ‘The District Attorney announced that the case for the State rested here. THE DEFENOR OPENED. The first witness called for the defence was E, M. Pritch- ard, President of the Police Commissioners, who testilied :— Had a conversation with Captain Benson’ last September about an increase of salary, which the Captain earnestly ve si tthe thing could not be done just now; be; ‘a conversation with members of the Board in regard to th had that matter; spoke to all except the Mayor; the conversa- tion was starte! by Commissioner Edmondson, who said he had been appealeito by Captain Van Riper; some of the other members said they had alsy deen appeaied to by enp- tains; Lrather favored the increase, as the cantains had been very liberal in contributing for election purposes, and they had other expenses; we inade an agreement that we would give an increase up to the Ist of January, to tile the men over their difficulties, and we would then make a reduc- tion; this meeting took place in the latter part of October ; Tenve orders to’ the Chet to put on the increase, and that we should reduce it after the Ist of Januaiy, so as to comply with the conditions of the charter; when the pay rolis for the first half of February were presented I found that the re- duction had not been inade, and | got very angry and use! some very harsh language; I said I would not sign the checks, but I afterwards signed them ; when the pay rolls for the second half of February were presented I found that the reductions were not made even then; this made me more angry than before, as I had given orders to have the reduc- tion made; I did not want the Caief or any other man to tur- nish me with brains, Cross-examined by Mr. Stout Never brought the question of an increase of the captains’ salary before the Board: did not pass a resolution to that effect, nor was any mention made of it in the minutes ; we settled the matter during a re- cess: ail the Commissiouers were present except Mayor O'Neill, The ¢ross-examination of the witness had not been concluded when the Court adjourned, REFORM. TAMMANY New Orders for Inspectors of Enrolment—Tho Declaration To Be Made by Voters. Reorganized Tammany Hail has issued the follow- ing for the guidance of inspectors of enrolment:— The enrolment shall continue three days, at the times and places to be designated in the call authorizing such enroi- ment. ‘There shall be one p¥ace ot enrolment in each Assem- bly district, ‘The inspectors of enrolment shail be three in number for each Assembly district, two of whom shall gonstitute a quorum for the purposes of enrolment, The majoriy of the inspeciors of each district, shall regent during the hours of enrolment named in the aii" The Inspectors of Enrolment, within thelr resp ec- tive districts, Il have exclusive cherie an‘ control of the books and all matters arising out of the enrolment during the continuance thereof (this, however, does not apply to “The Commitee of Seven,” who shall have access at all times to the enrolment books and supplements). The in- spectors shall enroll all person: 10 present themselves for that ‘purpose who are, under the laws of New York, legally entitled to vole, and are acting politically In harmony wit Tammany Hall, Each inspector shall qualify beforea no- tary public, at Tammany Hall, before he can act as such in- spector. it during the enrolment a difference of judgment arise between any of to. the the ins} rs relative right of any person to enroll, or if the inspectors are not Tully satintied with the claim of person to be enrolled, then it shall be the duty of the Inspectors to register the name and residence of such ciamant in a separate supple- mentary list, which shall be prepared for each Assembly district, and shall be attached to the book of enrolment shall be delivered to the Tamman; No voter shall be enrolled more than once. The may. be. Ml ve ‘shall state in writing, mi Hall,” Soon and ‘supplement shall be indexed and alphabetically ar- ranged. There shall bea printed heading over each p: indicating in distinct columns the name and residence 0 eacl yn enrolled. Said books shall contain at the be- ginning thereof a printed declaration as follows :— “La ocratlo voter inthe —--— Assembly district of York, have, of my own free will, at the time ‘and piace herein denignated caused to be written upon the annexed hist of enrolment, my name and residence respec: tively: and T do hereby deciare that Tam 8 legal voter ta naid Asse ict, to the best of my knowledge and b re, Creoowr’ the candidates nominated Soctoty. inapecturs , a dem the city of New that Iam resolved to vote for by the democratic republican party, organized at Tammany Hall, Farther, 1 pledge myself to use my best endeavors, at ail times, to secure the nomination, election ‘and appointment of honest and capable democrats to all places Of public trust, to preserve the integrity of the democratic arty, to protect the ballot box from fraud or violence and fo diacountenance and bring to justice all persons guilty of bribery and corruption in the administration of national, State, county or municipal government, The chairman of each Board of Enrolment shall, at the closing of the enrolment, each night during the continu: ‘ance thereot, take exclusive charge of one copy of the books of enrolment and supplement, and the Secretary, or, in bia absence, th napector, shall take exclusive charge of the duplicate copies thereof. Immediately at the fnalciosing of the enrolment, on the day named in tho wall,” ench Inepector shall certify, over his own signatnr in writing, at the end of each enroiment book and supp! ment, that the enrolment has made in pursuance of the instructions of this committee, ana the same mnrolment book and supplement so certi- 4 to the Committee of Seven at Ta hairman of each Board of -Knrolment in person, past seven o'clock P, M.,on the da: after ‘closing said enrolment—viz.,on —— March instant, No person who shall be appointed inspector of Enrolment oF Election by this committee abail be eligible to the General Committee at this election, Incase of fraud or improper conduct by the inapectors this committee shall have power to set aside the enrolment, appoint other inspectors and order new enrolment in said district. inspectors aball prefix number consecutively Opposite each. name, commencing the first, name with number one, In case of fraud or partiality of any in- spector this committee aball have power to remove euch in- sector and appoint another in his place, The Committee of Hoven shail bein session during the hours and on the days of enrolment, at Tammany Hall. Whenever the Committee of Seven shall employ clerks to agaist atthe enrolment such clerks sbali be sworn in. the the inspectors are sworn. SORE oe ‘Ys 5 ‘L. DONNELLY, ani Committee. MAYOR HALL THE HERALD'S PREDICTION VERIFIED, Judge Daly Accepts Recorder Hackett’s Inter= pretation of the Law as Against the Validity of Holding a Second Term of the General Sessions. Termination of the Proceedings Against: the Mayor and Discharge of the Jury. JUDGE DALY EXPLAINS, Yesterday was the sixteenth day of the prox ceedings in the case of the People of the State New York against Mayor Hall, and, as it turn out, the last. The case has thus lapsed withous any result, notwithstanding the great public terest that was attached to it and sne1ength ume it engaged the attention of the Court of Genew ral Sessions—presided over by Judge Daly—the nu<« merous counsel on both sides, the defendant him< self and the general public, As the HERALD pred dicted yesterday, no other possible conelt could have been arrived at, mowever lame a impotent such conclusion may ve cons sidered. Certainly no person regretted the sud~ den “taking off” of the jurisdiction of the Court ang the consequent termination of the trial more than Mayor Hall bimseif, and the only consolation on gratification, such as it was, allowed under the cir< cumstances, Was the spontaneous and hearty con~ gratulations he received from the eleven jurors, who, after their discharge, surrounded His Honos and warmly shook him by the hand, Indeed,, but very few persons in Court left without expressq ingto the defendant their sympathy. The Mayor Was perceptibly toucned by these tokens of respect and confidence, and returned with silent pressurd, the hearly grasps of us numerous irlends, The DECISION OF RECORDER HACKETT, which prompted Judge Da'y in his action in the matter—the withdrawing irom the case and tha discharge of the jury —wasnot a voluntary or gratuly tous opinion on the part of the Recorder. On Thurs-{ day, in the trial of a case In his own Court, his juris. diction was questioned by Mr. W. BF, Howe, counsel for a party indigte ior the very serious offence ot the abauction of & young girl of twelve years of age, aud it was merely on sustaining his own jurisdicd tion that he was compenned to advert tothe juris< diction of the other Court, Butas the HBRALD, Im commenting upon that opinion, Ft yen that 1q would be most lukcly to put an estoppel to the pros ceedings in the case against the Mayor, so it turned cut, and yesterday mornin; Juage Daly, in advance of the time previonsl: fixed by him for rendering his decision on th mooted question of tus jurisdicuon, raised by the defendant's counsel, “took the bull by the horns’ and, as will be seen by his decision, withdrew fro! the case and discharged the Grand Jury, virtual terminating the triai, The question now ar! When aud where will the trial pe commenced novo? It has, in all probability, cost the peopld already some 340,000, and when so suddenly. termi: nated had scarcely got @ fair start, Law is ai expensive tuxury, even wnen most gingerly en! upon; but in a case like this, where the represented by aa array of most costly lent the bill foots up nighty fast and high, ple tego tal All sorts rumors are afloat speculating upon this pout, bur 4t will just be as well to let events shape themselvi and ai things now seen as “through a glass darkly’ Will come out rignt in the end. SIXTEENTH AND LAST DAY’S PROCEEDINGS. The Mayor was on hand, early as usual, with on@ or two ef his counsel. ‘the foreman of the jr '. always prompt, us he had been throughout the aly and his fellow jurors, were in their seats, the vacant chair of the deceased juror sul, as it were, inculs cating its lesson 0! the instability of human affairs,: drape! in mourning. The only counsel for thé prosecution in Court was Mr, Clinton. At @ little after eleven Judge Daly took his seat on ine benc! and, without avy preliminary formula, proceed to address the jury. =. JUDGE DALY'S DECISION. GENTLEMEN--Having, after the long and exhaugtive dies” cussion that has taken place, found the question I was to decide in my opinion exceedingly complicated and difficulty it waa my intention, us stated yesterday, to have taken to-day and to-morrow for ‘the careful and full examination of ity and to have rendered mv decision on Saturday. I am, there+ fore, somewhat surprised to find by the newspapers thal der Hack n upon a motion made vecore him yesterday, Recor’ has disposed of the whole ‘question ‘by deciding th the Court he fs holding ta regulur, and that any proceeding on my part would be illegal and invalid, jn no way introduce: myseit into this question submitted to regular Judge of the Cow charged from any further consideration of it; for Tabould render the same decision on Saturday it would be unneces- and if 1 shouii decide otherwise tne unseemly sj be presented of a conilict of ular Judge of the Court and a Judge Thave only one closing observation to nyuage of the Recorder is correctly stated ed to have said that altho he had, asa genera) for my opiaion, he had made np his mind en, in respect to which I have simply to say that not expressed any opinion or given any joformation here or elsewhere of what my opinion would be, The Recorder having assumed the responsiblity of decking thay ao, further proceedings upou my part would be illegal an vold, nothing remains out for me to discharge the jury and to withdraw from his Court. At the conclusion o! Juage Daly’s remarks every- body in Court looked thunderstruck, ‘The jury were thanked for their attendance and attention and dise charged. Mayor Hail was congratuated all around, aud Boon after left the Court. ‘Thus ends the first long chapter in the great case of the People of the State of New York agaist Mayor Hail, What next? tacle be- make. he is re port Tes Ista THE BULLS AND BEARS, Examination Market. An examination in the case of Willlam Heath,, the Wall street broker, charged with having com- mitted perjury in a certain civil suit before a referee, in which he appeared as 4 witness, was continued) atthe Jefferson Market Police Court yesterday afters noon, Mr. Young, the party who became so “coms pletely demoralized”? on account of his losses on Reading stock, was further examined by J. D.. ‘Townsend, counsel for the defence, and testified ax follows:— } I was examined tn the case of Quincey against Young: I went to Marvin's oflice and had a conversation with Wood< ward; I then went to Heath's office and told him Woodwar was desirous of purchasing Reading stock; after the a: Woodward the I when White came, Yesterday’s Sefferson. Tangement was made with Heath and and myself began operations in Readin, inthe arm was holding 40, ares; when 1 the ahares were trans erred vo Woodward, Young and White? we opera ‘the Ist of June; Woodward al that me proposed the poot stand still then operated oa my own account; the ed apne iT the account rendered when White came into 1 the time White came in there was a balance in our favor + ghe bal ‘as divided between Woodward and, wevieit; Lwperated on iny owa account from the lat of June tothe éth of July; on the lbth of July instructions were ol ven totake the stock out of the market; on the 15th of july told Heath, Woodward and White I bad failed; I dt not hear the conversation that passed between them on th: occasion ; they proposed to allow White to take my place in ¢ pool; on the I5th of July we a sation in Heath's oflice in reference to stocks; I stated I was short 11,000 shares on Reading; White advanced the balance! Iwas short; on the 16th july sof told me a turn had taken place in the stock and they bad made #7,500; Heath was present at the conversation; on Thuravay, the 18th of July, they bought !t, back when It it went down ; at the second interview in Smith’s office ward was present stated Young, Woodward and Were responsible for tne loss on th ye Mr. Heath, requ me to go to the ; 1 know Hai Hooper; in Dr or Maye 187ly, 1 talked. wi fl About (Reading: it was in ‘New atate that Woodward, White responsible for the Reading stock ; I ing counsel myself; I found I was to be sued, and it was best to putin a defence; after the pa were served upon me I had a conversation wi he recommended me to a lawyer; Mr. White might have’ gone with me to my lawyer's office; I paid my lawyer a re- taining feo; it was ina check; it was not Mr. Woite’s check ; itwas Dr, Rose and Tilden's; Ldon't know whether White, Was connested with that firm ‘Tilden was formerly a Book- keeper for White; while, the ing account was runnin Tien wasn clerk in. White's oficesT only. made one pay, ment to my lawyer; he never rendered me any bill; he at- tended in the time before the referee; I don’t know how, much I owe White; I snouid think it was $14,000 or 815,000 ; its for borrowed money and diiference on stoukes ft to me since the commencement of the Quin suit; in July he loaned me $6,000; he bas sold me stock! e Wy ai tery moderate price until about. tour monthe! Ago; about three weeks ago he loaned me $100; I dia no@ give him any security for the 5,000 loan; I have oftice’ now; Iam at present doing business anywhere; I take af fiyer in the market ouce in a while; Ihave not given an der for four weeks) fo ’ in several offices ; cher the breaking up (of the pool, I did fo Janual 1, ad an with Uapron Tfalied on Swly 15, 1870; 1 pron & Strong's hands; of Boney, rom White; in January, 1871, 1 failed f $27,000; T emp! 2 sold @ lot of stock and thou,bt i 03 were uy, & Stron; thargin gf 3,00 in loyed brokers to purchase $2,000,000 worth of Mock for me; Twas unable to pay the loss bn the stock several of the brokers who purchased for me failed on thi account; I did not know I was ingoivent in one senge of the. word at that time; at that time I owed Woodward & White 12,600; the morning I tailed 1 thought I could receive the stock, as some brokers had promised to help me; prior the tlme the pool was broken up { had © large amoune of Reading stock in my hand; Mr. Adolph Bo Bec~ retary of the Navy, was interested with me in purebase, as well as several dther Philadelphia. trokers; Woodward not Interest in the ol; | was That could receive the #2 00,000 worth of alpen. s* DoMtive Re-direot (by Assistant District Attorney Sullivan)—At the time I opened the account I bad no office in this city; Heattr wanted me to go to Martin & Smith's oflice and consult them. about the Reading stock; Heath told me to stick to it, as It wasa jotot account; Mr, Smith recommended me to pu down what I nad raid in writing; I refused todo Wty 1 did a tell him that Heath had put me up to state it was jotnt ace count; Heath brought me a paper; I did not see him write it; he sald he did it because if the stock advanced 1 might come and claim ft from him; be seid his lawyer advised him tq write it, ‘The case was bere adjourne unt!] Tuesday nex, at balfe nat ton o'clock