The New York Herald Newspaper, March 23, 1872, Page 8

THE COURTS. Interesting Proceedings in the United States, New York and Brooklyn Courts. Alleged Smuggling—Larceny of Newspapers from the Post Office—Violations’ of the Revenue Law—Management of the Grand Opera House—The Geneva Watch Establishment— Matrimonial Difficulties——Dispute Be- tween Landlord and Tenant—Action for Sca'ding with Hot Water— The Tenth Avenue Homicide. UNITED STATES SUPREME COURT. Whe Legality of a Law to Exempt a Cor- Doration from Taxation—ths Michigan Legislators Upsetting the Work of Their Predecessora. WASHINGTON, D. C., March 22, 1872. No. 38 The East Saginaw Salt Manufacturing Company vs. The City of East Saginaw et al.—Error to the Supreme Court of Michigan.—The company was organized under an act of the Slate of 1859, en- vouraging the formation of salt companies by pro- viding that the property of such companies should be exempt irom taxation for any purpose. The pg me in 1861 iimited the exemption to a pertod of five years from that date, The State Court sus tained the act of 1861, adopting the view of Green- leaf that the sovereign right of taxation belongs to a class of power entrusted is the Legisiatare to be exercised, not to be bartered aivay. itis here urged that, unless restricted by the State Constitution, the Legislature may make a contract With an individual to exempt his property from taxation, and that such contract ts protected by the Jamillar provision o! the 1ederal constitution. ‘The doctrine (asserted by the plaimtifl in error) was Fecently reaflirmed by this Court in the cases of Certain railroads of North Carolina, which com- Plained o! @ similar grievance, the Court sustaining ne: Sones ft exemption made by a former Legis- ‘The case was submitted on the printed briefs, M, Varpenter for plaintif 1a error; R, J. Brown tor defendant. No, 140, The Steamer Patapsco ya, Boyce.~Ap- peal from the Circuit Court for the Second Circult,— ‘This was a proceeding to recover for coal furnished ‘Ve steamer by the appeliee, who is a coal dealer in Baltimore. The steamer, although owned by one Bacon, was at the time in the service of the Com- merctal Steamboat Company, wnich ran a line of steamers between Balumore and New York, The uestion 13 on Whose or what account the coal was furnished, the Court below finding that it was sup- ‘Pied on the order of the captain, and suvjecting the steamer to a lien for its payment, itis here Ansisted that the coal was furnisied on a ranning Account between the appellee and the company, owning several boats, the account running against: them all. The question of law involved 1s upon the presumption of credit on account of the Patapsco, it being here contended tat where the hvellant who juraolshes the goods is personally examined no such presumption can be inferred when he does not claim that he gave credit. When his mouth is closed there 1s a presumption in favor of the Itvellant; bus ‘When he 18 examined no such presumption exists, C. Donohue for appeliant; D. McMahon for appel- UNITED STATES CIRCUIT COUT. ‘d Smuggling of Gold Watctes. Belore Judge Benedict, ‘The further hearing of the case of Charles Marxsen, Who is indicted for having smuggled several gold Watches Into this port, was rezumed yesterday. Mr. Samuel G. Courtney addressed the jury on behali of the defendant, contending that all the evi- Gence in the case pointed to the /acts that the goods ‘were never imtended jor sale in New York; that the ‘object was to bring them on to Mexico, by way of Havana; that the defendant, being a German, was ignorant of the laws and custonts of this country, and that if he had intended to smuggle the watches Into New York he would have Jaid plans with assoct- @tes and confederates jor the purpose of geiting the [etd ashore und evading the payment of the duty, ir, Courtuey further Commented upon the conduct Of Meyers, the Custom Ilouse ofiicer, charging that he was in conspiracy with the Keeper of a boaraing NEW YORK HERALD, SATURDAY. MARCH 28, 1872~TRIPLE SHEET, Off a track belonging to the defendants, struck the pnd ond re = thigh erie ag a pi rougnt, amy: a the prougt in a verdict of $760 for she plaintim. Ba COURT OF COMMON PLEAS. Another Case of Mat 1 Differences, Before Judge Robinson. Rosetta Mackey vs, Patrick Mackey.—This is a sult for separation on the ground of alleged cruelty, the Plaintiff bringing the suit, She sets /orch in her al- fidavit various acts of alleged beating and kickin She admits having beea arrested on a charge of drunkenness. The husband aenies the cruelty as charged, and accuses his wife of nabitual drunxen- ness and of sueh tncorngible ‘temper t obliged to break up nis home ana send child to school, ‘The case came up vn o motion for alimony. Sue claims that he earns $6 a week, and he says that he 1s ¢arning nothing and in'no business, Alter hearing the argument the Court directed the matter to be submitted to a referee to take evidence, MARINE CQUAT. Alleged Hlegal Vispossession. Before Judge Gross and a Jury. Isaac Frank vs. Peter Lyding and ©. Y. Lyons, Marsnal.—his action, which has occupied the Court two days, is brought by a tenant against his land- lord and the Marshul for using ‘‘unlawiul force and violence” in dispossessing him irom premises in Second street, in this city, and destroying and caus- ing to be lost various articles of furniture and wear- ing apparel, besides some 1,500 cigars, of which the plaintiff! was @ manufacturer, with some tobacco, ‘The evidence in the case was exceedingly conmicting. The plainud, it seems, was absent at the time of tue Marshal's visit, his wifo, daughters, and # number ol lady Irieads being in the miast of & pleasant little dinner party, the interruption of which, to their minds, greatly aggravated the offence. According to their evideace tie first proceeding was to roll up the best cnina, displayed for the occasion, witn the unfinished = viands, and unceremoniously drop them from the window; then, # pad lit? to carry down a very hot stove, (o let it roll from top to bottom and iracture it badly; next, tv push Mrs, Frank into @ corner, where she fainted, and then to pee cigars and buots promiscuously into the same It, baske! On the other hand the Marshal testified that when he visited the premises with his men and found they had made no preparations to move, he ex- plained to piaintif’s wife, alter exhibiting his war- Fant, that he was obliged, in the discnarge of his duty, to give the landiord possession, that the ladies commenced to scream and abuse him, obstructing him to nis attempts to remove the furniture, pur- ucularly the piaiwuf’s wile, Who, he said, was the most violent woman he had ever met quring his career as @ Marshal; that he succeeded in pacitying her alter a time, aad then had every- thing carefully moved out, notaing being injured or stolen to his knowledge, The landlord’s counsel, who was down stairs, testified that the things were carefully handled, and that vy his request, mane to the police captain of that precinct, an oilicer was stationed to watch tue things. Several of the men were also called, Who demied the throwing of any- thing irom the window or down the stairs, It being quite late when the evidence was coucluJed, the Court limited counsel to fifteen minutes each in summing up the case, ana in briefly charging the jury, said that the Marshal could not be considered a trespasser; but that if in execuung nis warrant he used undue violence and injured plaintif’s goods, he would be liable in damages, ‘The jury, atier an absence of two hours, returned & verdict against the Marshal alone for $75. For Hat ty Morris Goouheart; for defendant, John A, nnkel, MARINE COURT—PART 2. Action for Scalding with Het Water. Before Judge Ourtis, Lizzie Taylor vs. John Johnston.—Tms action ‘Was brought by the plaintim to recover damages for injuries received by being scalded by the wife of the defendant in @ concert saloon kept by the defend- ant at 107 Chacham street, in this city. The plain- tft testified that on the 17th of October last, while she was passing the stove In the barroom of the de- fendant, the Wile of defendant took a pan of hot water which stood on the top of the stove and threw it over the person of the plaintif, scalding her so badly that she was laid up jor three weeks in Bellevue Hospital. The defence 13 -that Mrs. Johnston came into tie saloon on the morning in question very much ia- toxicated, alter having been to the Tombs to testify in a case, ond that as she was passing the stove she slaggered agaiust It, throwing off the pan of water on the top and scalding the plainuff, together with the barkeeper, Who Was standing near, It 1s also claimed that tne plaintiff was drank, and tneretore her recollection of the facts 18 not to be relied on. Up to a late hour last evening the jury were still out, with no prospect of an agreement. For platn- tif, Gardiner & Goodheart. For delendant, F. 0. house in Battery place for the purpose ef entrap- ping the Gefendant into admissious tnat would be amaging to him or of getting money out of him for passing the goods through. Mr. Purdy summed up the testimony for the gov- ernment, arguing that the evidence ‘ciearly estav- Ushed an act of smuggling against the defendant. After @ brief charge from Judge Benedict the jury found a verdict of guilty against the deiendaat, put recommended him to the mercy of the Court. It 1s the intention of Marxsen’'s counsel to move that the inaictment be quashed on several grounas, mong others that the goods were seed in the Eastern district, while the defendant has been tried 4n the Southern district, and also because the in- aictment ts not specific. ‘nis motion will probably be heard on Monday next, or upon some other day to be then named by the Court, Stealing Newspapers from the Post Office. Robert burke was found guilty upon an indict- ment charging hin with stealing newspapers trom the Post Office. The jury recommended him to mercy. The Court adjourned till Monday next. UNITED STATES DISTRICT COURT. Alleged Smuggling of Hardware. Yesterday Deputies Marshal Rovinson and Crow. fey, provided with a bench warrant, arrested Anton Moeller and Charles £. Burdell and their broker, YZedenko Hussa, on a charge of having attempted to muggle into this port a quantity of hardware. Tne = ants were held to ball to answer the accusa- on. UKITED STATES COMMISSIONERS’ COURT, Selling Unstamped Cigars. Before Commissioner Shields, The United States vs, Bernard Borshadt.—The de- fendant was held in $500 vail for exammation ona charge of selling uustamped cizars, Selling Liquor Without Licensr, ‘The United States vs, Amina Meyers.—The de- fendant resides at No. 112 Prince street. She 13 Charged with selling liquor at that place without paying the speciai tax. 1t appearing to the Com- Missioner that the woman tended to pay the tax, @nd was waiting fora notice from the officer Whom she Was Lo hand it, she was discharged. SUPREME COURT—CHAMBERS. The Grand Opera House Management. Before Judge Vardozo, John F, Cole vs. Lewis Baker.—When the late James Fisk, Jr., tired from the Grand Opera House management the plainti obtained a leas3 of the same, he having been, as is well known, previ- ously theatrical mauager of the establishment. On obiaining the lease he took the defendant 98 part- ner, aud on account of such partnership advanced to the latter, as alleged, $15,00—such advances, ag claimed, veing made through representations - the defendant that he was the owner of $40,000 sarth, Of eat estate in Caitormia. ‘Ihe present Dich aught to recover this advance, and in Which an order of arrest was cranted aguinst the @efendant, Voluminvus conater afiaavite w: Fead. On the part of tue decudapts the afMlidavit pet forth tu Honey advanced ky the plalntif was Jor the beuest of the ; ne oper vershiip, and thas nent of hw ownersiip of Sation Without intending it as an inducement to the plaintif to make tue advances, but meaning simp! thathe had suficient to meet the wants of his family without caillug on tue proceeds af an ex pere mental business. He says turther that tne \ Delonged to nis wife, and Clains alse ty, was not advanced to him persoually buted to the use of the partnersuip, from wit tnersiiip he alleges there 18 NOW due Nia Ron 10,000, After hearing the argument on bow sia She Judge took the papers, reserving bis decision, The Geneva Watch Estavlishment, the defendant's sta {the money | » but contri. | Elias vs. Greeley et al,—Appiication was made yes. ferday by the platntif, who has charge of the sale of che Geneva watches on Broadway, tor an order o! ar- west against Horace Greeley aud J. Whitelaw Red, The application was denied on the ground that the defendants are well known residents of the State aad not likely to run away, aud that in such cases, as @ eral rule, orders of arrest sould not he granted fore a verdict—the application being usually to ily personal spleen and malice, which 1s no pars a Judge's oftice to gratity, Decisions. ie et al. v8. McDonald.—Motion granted. Stittanor et al, vs. Merchants’ National Bank of Littie Rock.—Jastification sufictent, Lewis vs, Friend et a!.—Mouion denied, Reiser va, Ketser,—Memorandam for counsel, Sanlord et a. va, White. —Purchaser released from purcnase, In Wwe Matter of the Application of Saran L. Allen Vacate, &¢,.—Mction denied, Costs to abide event, SUPREME COURT—TRIAL TENM—PART 2 A Casualty and Verdict of Damages. Before Judge Brady, Henry Kritner vs, W. i. Kirby et al.--A son of tho Pianut, on his way home from school, was passing Karzman. COURT OF GENERAL SESSIONS. The Tenth Avenue Homicide—Conclusion of the Trial of Philip Wilke, Charged with Stabbing Kudo!ph Wucherer—The Prisoner Convicted of Murder tn the Second Degree, and Sentenced by Recorder Hackett to Ime Prisonment for Life. Belore Recorder Hackett. It will be remembered that at the adjournment of the Court on Thursday evening counsel had finished summing up in the case of Philip Wuke, triea for the murder of Rudolph Wucherer, at a lager beer saloon in Tenth avenue, last September, and the Recorder postponed his churge to the jury till the following morning, Yesterday, shoruy after tne reassembling of the Court, Mr. Howe, counsel for prisoner, rose and said that he had been in- formed within ten minutes of very important additional testimony. A gentleman of the highest respectability came to testify to the character of the accused, and to state that he saw Wilke the morn- ing after the occurrence at the station house and noticed marks of violence upoa his neck, ‘Tne Recorder said this was @ most extraordinary application, As a general rule, When A case was closed, and before the summing up of counsel, especially where life was involved, it would be eminently proper to admit new evidence; but if that were permitced in this case an injury migat be done to tne people, because they would not Nave an op- portunity to controvert the statement of the wit- ness, If the District Attorney would not interpose an objection he would permit the testimony to bo given. Assistant District Attorney Fellows sald that such an application would be proper on a motion for a new trial, but he objected to reopening the case, He further stated that twenty minutes ago a gentieman came to nim and declared that if ah opportuntiy could be afforded it could ve posi- Uvely shown that one of the witnesses wno testified jor the deleuce was not present in the building that night, Mr. Howe urged his motion, but His Honor ro- fused to grant it, statiog that the prisoner and his counsel ought to have sougit out and presented this evidence on the trial. The Recorder then proceeded to charge the jury. He first read the requests of counsci, and charged all, save one, of the propositions, His Honor then gave a succinct statement of ihe evi- dence, and read the various defatiions of murder and manslaughter in the dierent degrees, inform- ing the jury that they could convict the accused of any grade of homicide that they believed the testi- mony wonld warrant them in finding, Counsel Lor tae prisoner took no exception to the charge, A3 the court house was insufficiently heated the foreman asked If they could not have a comfortable room tu stay In while dgliberaving upon thelr ver- dict. The Recorder instructed an oficer to conduct the jury to 1s caambers up Broadway, 1t 1s a sug- gestive fact that owing to defective furnaces the brown stone court house building, whicn cost the ity their welgut im gold or precious stones, that jurors have to be marched up Broadway to dis- charge the important duty devolved upon them at a distance from the temple of justice, Aiter deliberating for avout two hours the jury re- turned to tae court room, and, through the foreman, rendered 4 veraict of guilty of murder in the second degree. nt District Attorney Fellows moved for Assis! judagm Mr. Howe—The prisoner has nothing to say un- der my advice. Recorder Hackett told the interpreter to inform i that be Was sentegted to the State Prison for fe, As soon ae he was removed from the bar his wife, Wio occupied a seatin the enclosure provided for females, famed, but waé.s0on restored to consclous- cr) Acquittals. Richard Carkton was tried upon a eharge of grand luxceny, Edware Murray claiming thatom the 26th of Rebruary the accused stole from hima pocket book containing $240, ‘The eviae o%, 240, idence being tnsuim- clept to sustain the "| wuts Was renderee indictment, a@ verdict of not Ouas Fay, joiutly indicted with Willd kL » m Wil- oer eee With stegiing a box.of raw ilk from Pond pare or ever onthe 24th of February, which he cargo of the ship Birdstone, jrom China, then veing uu P “ a technical defen, fr oaded at thatpier, There was t - B verdict oF acqaitay, hegroof, which necesattated agistant District Attorney F, District Attorney of Queens rounty a eniG, Shae the fendants, and the Court directed tat tue Aa de- tn custody. y be kept taht ants eleven pioneer muske' eighty-one belts, five Soyernines, ve boris wih sashes and beits, three fags und poles, three extra sashes and other accoutrements, all to pe paid for at the rate of thirty cents a man for one day. target company went to Bath, Long Island, and after eleven shots had been fired one of tne rifles became disabled, ‘rhe members of the com- Pany then became very disorderly and refused to use the other rifles. They demanded a deposit of $20, Woich they had given the plaintiff, which was re- fused, They then refused to return the balance of the goods, dnd this action was brougnt to recover damages for tne value of the goods, tho plaintift claiming $120 in all, ‘Phe detendants deviea that the plaiutif periormed his part of the contract, and also that they returned everything except a few belts, Verdict for the plainum, $2 For plaintiff, f. Ready. For defendants, D. B, Barnard, > i COURT OF SESSIONS. Perilous Vistol Practice. Before Judge Moore, On the night of the 17th ult, Thomas Gilligan en- tered Marstelleri’s saloon, on Court, near state street, and drawing a pistol, deliberately shot George Monahan, who wae ahanine ‘at the bar, in the face, Monaban was not seriously injured. Gilligan was arrest aod on the trial yesterday it was shown thathe was at the time of the shooting, and stii! 1s, losane, ‘The jury found him not guilty by reason of insanity. He will be taken to the Flatbush Asylum. Acanitted. Francis Fiyon was tried on the charge of receiv- ing stolen goods. He was acquitted py the Jury and discharged from custody, THE MURDERED CHEVALIER The Links of Evidence Being Con- catenated Around Vogt. Evidence Coming from Belgium—The Inter- cepted Letter and Other Valuable Docu- ments—Counsel Objects to Having His Client ‘Taken.’ Atten o'clock yesterday morning Carl Vogt, the prisoner in whose possession was found certain bonds and securities, the property of Chevalier Du- bois de Bianco, who, it will be remembered, was mardered in Brussels on the 2d of October last, ac- companiea by Detective Farley and bis counsel Messrs, Gross and Anthon, appeared in tne exam- ination room attached to the Tombs Police Court, for the purpose of a continuation of theexamiuation, His wife, dressed in a green poplin, with a very long purple cloak, and looking somewhat pale and agi- tated, had preceded him some minotes, and on his entering nurriea to meet him, After a littie con versation the two seated themselves in a remote corner o/ the room, where they kept up AN ANIMATED CONVERSATION during the entire proceedings. Vogt seems to pear his imprisonment very well indeed, and looks quite as fresh and cheerful now as when first incarcerated, The Hirst step in the proceedings was to submit to Judge Hogan the various despatches tnat have passed between the prosecution and the Brussels officia's in relation to the murder, the robvery and the sending of parties and papers from Belgium to this city. On the occasion of the last day’s examination— last Friday—on Pai | for an adjournment for a week the Assistant District Attorney said that snould he not in the interim receive positive infor. mauon tnat A PARTY HAD BEEN SENT from Brussels for the purpose of identifying the stolen property aud establisiiog the fact of a mur der and robbery having been committed, he would consent to u dismissal of the case at cae next exam. Mnation, Accordingly the prisoaer’s counsel, Mr, Gross, ag goon us the despatches above alluded to had been submited, moved tor a discharge of his chent on the ground that such mformation had not been received. In answer to this Mr. Mali, the Belgian counsel, exhivited acavle telegram from the Minister of Foreign Afaurs at Brussels, which stated that a witness would leave there on Monday last tor New York. Mr. Gross argued that as the despatch did not state a witness had started, the prisoner was ea- titled to his discharge {rom custudy, Judge Hogan would not hear to such a motion, especially as Mr. Malt said he would at once tele- graph to ascertain whether or not the witness Lad really lett as yet, At this poimt Mr. Anthon, of counsel for the de- fence, noticed a representative of a well Known illustrated paper of tuis city busily at work SKETOMING THE PRISONER, his wife and the vourt, His indignation knew no bounds, and, bounding to nts teet, he demanded that the artist be prevented from carrying out his desigus. ‘Ihe case Was without a preceacnt, he saul, And he most empnatical:y dented tue Kuight of the Pencil’s right Ww enter a court room and sketch a prisoner. Judge Hogan viewed the subject tn a different light, and, 12 reply to the irate counsel, said he nad no right whatever to Interiere with representa.ives of the press in the periormance of their duties, In accorda@uce with Us decision whe arust couciuded his sketch, Detective Phillip Farley now took the stand and Was examined as to the manner in which tue letwer of Vogt to tis wite, which was publisned in the HERALD of Wednesday last, Came into tis posses+ sion, He tesutled that he heard from the proprietor ot the Belvedere House, corner of Filteenta street and Irving piace, on Friday last, tuar MK. PKTRY, OF PHILADELPHIDA, Was in possession of the letter; he went to Petry and requested of him the letter, which he got; on Monday he went 10 Philadelphia and searched Madam Vogt’s room at the retry House; she was not in; tne room and vaggage were searched, and apers, photographs aud business circaiars and jewelry found; he brought Utese gouds to this city, giving Mr. Petry @ memoranda tecetpt tor them, r. Farley here produced the goods taken, and Les- Ulled to thelr being the same articies taken by him irom Madam Vogv’s room; 1 found au album in one cf her trunks; none of the photograpns have been disturbed since it came into my possessiou. (Many of the pictures bear artisis’ IMPRINTS FROM BRUSSELS, Cologne and other Huropean cities; one of them--a person in a multary umform—greauly resembies Vogt and bears an aruist’s imprinc from Cologne.) Itvok these things as a defeciuve officer in the discharge of my orticial duty; there was a process ol law issued in Philadelpmia velore my search for the goods; it.was a search Warrant issued by a magtsurate in Philadelphia; | was accompanied by Oficer Vaggart, of the Philadelphia poiice; the warrant wus issued to Ouicer Laggart; [ do not know the contents of the warrant; did not read 16. Mr. Suilivan moved tiat a further hearing ot the case be adjourned tor a reasonable time to allow THE EXPECTANT FORGIGN WITNESS to arrive, wich Would probably be tne latter part ol next week. Mr. Anthon requested that permission be given Maaam Vogt to visit her husband in the Tombs, Judge Hogan stated that he had no jurisdiction in such matters, hut would request tne Commissioners of Charities and Correction to extend such privilege to Madain Voxt, Aiter considerable discussion between counsel, Judge Hozaa decided to postpone tue further ex: @miuation of the case until next Mouday moruing. THE STOKES CASE, Marvellousl!y Valuminous Bill of Exceptions Time. Granted the District Attoruey to Kead ‘Them. The twenty dave allowed the counsel for Edward 8. Stokes, charged with the murder of James Fisk, drs, to prepare @ case.and exceptions to the rulings of Judge Cardozo upon the special plea subinitted on his behalf at she termination of the trial of the Grand Jury indicting him, expired yesterday, At the bate in the morning of the Court of Oyer and Terminer, Judge Cardozo on the Bench, Mr. Stokes’ counsel Was promptly in Court, nr, Gerry presented a bill of exceptions, a docu- ment coveriag some ilve hundred pages of fovis- .cap. He said he had served a copy of iton the District Attorney tne previous evening, District Atiorney~ 1 have been served with it, but haye bot hud ume te examine It, Judge Cardozo—Time will, of course, be granted ‘Oi. B Mr, Gerry made @ motion that the ume of sealing the exceptions be extended. His Honor imtumated that there was no necessity for doieg 80, District Attorney—I wish to be Informed whether the stay has nov terminated, Mr. Gerry—Decidedly not District Attoraey—tHow if I should pring the pris- oner here to-day and arraign him ? Mr, McKeon —You coutdurt do it. Ma, Gerry—I! you take (hat course inghis triai you will fnd yaurseli beset with more fatal exceptions ‘han you will be able to deal wi Judge Cardozo interposed by saying he.continued the stay of proceedings. ‘The Court then adjourned, A PLACE FOB HIGH Sa AMUSEMENTS As many theatrical managers and showmen BROOKLYN courts, CITY COURT, Troublesome Targetecers, Before Judge Neiison, Josoph U'Brien, keeper of a gun store at No, o1 Hamii.on avenue, brought ap action in the City Court yesierday against John Skeian, Michael Skehan, William Skenan and T, J, Cronia, members of the “Skehan Guards,” a formidable military organiza- tlon in the Sixth and Twelftn wards, On the 6th ot Shrough West street Wea @ barre) of potash solied 1 Noveuver last tbe plaluud hued out Wo the delend- know to their cost, Newark is not the most taking place in the worid—that 18 to say, for the aforesaid parties—the city authorities there havinga taki way with them, because they are high cht mee tors of amusement. A short time ago they thought @ sparring exbivition £0 good that they charged the sparrers the trifling license ie@ of F100. ewer ers objected, bat bad to come down, Ata re = | seeing of the Common Council Committee on hows and Exhibitions a resolution Was adopted Theatre ge eat vowing behedule of license fee Muunsirel try upe, $16; circus ang rat seriall ‘per day, $i gift enter Ms, Der Digby, #40; magleiend bight, $100,” DEF DIBNY $30; Sparniog per THE JUDICIARY INVESTIGATION. A Complaint Against Judge MeCunn. Examination of Several Wit- nesses. The Case of Clark Against Bininger. The Judiciary Commitvee met yesterday morning at ten o’clock, ana shortly atter tha. hour Judge Mc- Cunn, of the Superior Court, arrived in answer toa subpeena which bad been served on him to appear 1n answer toa complaint preferred bya Mr. Mac- donaid, Messrs, Stieaney and Parsons, of the Bar Association, were present, and, although they did Not prefer any charge, they assigted in the prosecu- Mon, ‘The complaint was in relation to the case of A. B. Clark vs, A. B. Bininger. The plainuff allegea he had been doing business in partnership with Bin- inger and the term of the articles of copartnership had expired. Bininger claimed to be sole owner of the stock and threatened to, put him out, Plamtum® the applied for a receiver to Judge McCunn, who granted the applica- tion, and appointed Mr. Hanrahan. Bininger, feeling aggrieved, moved to set aside the appoint- ment of the receiver, The motion was arguea be- fore Judge Fithian at Special Term, Judge Fithian decided that the receiver was properly appointed. Hardy, Blake & Co,, creditors of Bininger & Co., then flea @ petition In bankruptcy, alleging that they were creditors to a considerable amount, An injunction was then granted by Judge Mcvunn, from the Superior Court, to stay proceedings in bankruptcy. Tne Bank of America, who were creditors, were en- joined and obeyed. Ives, Beecher & Co., other creditors, were also enloined, but disobeyed. John S. Beecher, of the above firm, was appointed as- signee in bankruptcy. ‘whe United States Marshals came 10 the store of Bininger & Co., on the corner ot Thames and Liverty street, to take possession of vhe property by order of the assignee, They were put out of the store by tne receiver, but finally by force obtained joint possession, An application was then made to vhe District and Cir- cult Court of the United States for a peremptory order to the marshals to remove the receiver. The case occasioned some very extended argument on OLN sides on the question of COMITY OF RELATION petween the State and the tederal courts, or the power ol the United states Court to divest the State Court OF its possession in property. Judge Liatch- ford dechded that whe District Court of tue United States, not being a Court of superior or supervisory jJurisdicuou, Nad no power to interiere and disturb the possession oi tae State Court, thus confirming the legal view taken by Judge McUunn in the Su- perior Vourt, when be took upon himself vo enjoin Wwe vankruptoy proceedings, Judge McOunn appeared before the committee without any counsel, and when asked if he did not intend to appoint some member of the Bar to repre- sent his interests he stated that his action in the case Was quite straightforward, and if he had acted wrong he was wiiling to bear tne consequeuces. He ‘Was quiie satisfied that the committee would treat him with equity and justice, He also added that, as he bad been given consideravie notoriecy on ‘the sub,ect, Ne was glad to have the investigation com- menced, ‘The first witness called was a Mr. Ward, a clerk in the Superior Court, who was examined 1n refer ence to some of the documents connected with the case, Mr. Abraham B, Clark, vhe plaintiff in the case, Was thea put on the stand and testified that his counsel applied for an injunction to restrain Bininger carrying on the busmess, and also for an order appoimung a receiver. ‘The applica- tion was made to Judge McCunn, at his resklence on Twenty-first street, Judge McCunn looked = over ~—s the_—spapers = and. told counsel to make application next day in Court, which was done and the tayunction was granved. Mr. Murray Hoffman was proposed as receiver by Judge MeCunn, but at the suggestion of Mr. Comp- tou, counsel for the witness, Mr. Hanrahan was suvsututed and consequently appoimted, Tne wit- ness asked Judge Mccunn if he would accept the present of @ demijohn ot brandy, but we latter de- clined. Mr, Clark stated that he had the highest opinion of Judge McCunn. Air. Marshall Compton, counsel for Mr. Clark, tes- Utied to same parport as the last. witness, and also stated that Judge McCunn had declined to grant aa order for counsels’ fees in the case m question. ‘Lhe next witness was Mr. Francis N. Bangs, who had veeo employed as counsel In tue suit, Witness gave an account of the aifferent orders that were granted 11 both Courts, and also a short sketch of the confict of jurisdiction in the comity relations. Mr, Bangs also stated that it had been alleged that Judge McCunn had made $70,000 out of this case, Which he denied as being without the slightest foundation, and iurther he considered tual tue charge implicated himseit personally, as he would have been equally to blame 1 he, as counsel, had sanctioned such a proceeding. it would Have veen for such @ transaction tv have been etfected witnuut his knowledge, and to the vest of his belie! Juige McCano had acted m a per- lectly upright and swalghtrorward manner through. Out Lhe entire case, Mr. Henry B. Herts, who had been employed as auctioueer by the receiver, stated that he had heard tnrough ig partners taat Mr. Hanrahan was goin; to have @ large sale, He applied for the sale, as did -also Johnston & Van Tasseliaud Leeds & Miner, My. terms were lower than the others and they wero accepted. ‘The sale was fixed for tne gist of suarch, About the 10th of March Mr, Hanranan’s stock was im the store im _ Liberty street, and the sale had been largely advertised. On the 30th of March Judge Joues, of the superior Court, granted an ex paste order stopping the sale. On the same day Inude | al pplication Counsel before Judge McCann to allow sale to proceed, and the order was granted. Iclaimed that the delay would cause cousiderabie pecanlary Joss to the estate, a8 many buyers were already 10 the city, and they Would not wait another day. Judge McCunn’s order directed the receiver to proceed with the sale aud depostt the proceeds in tne safe Keeping of the United States Trust Company. Air, James F, Morgan, Who acted as counsel for the receiver, thea came forward and produced his bank book and checks Issued since 1564. Wicness Wis aiso examined in regard to the references which he had received from Judge McCunn since 1864, He stated tiat he had never veen appointed referee or receiver 1m any case except by request of counsel representing the disputing parties, all the fees he nad received trom sucn appoint- ments did not exceed $2,500, He also stated that al:hough he had repeatedly been requested to an- pear as Coansel In caves vefore Judge McCunn he had invartabiy deciiued, for tear such action snould be misinterpreted, Mr. thomas Darlington was present with a bundle of documents tn reforence to tne Bininger case, but was not examined, Mr. Hoffermeyer, son-in-law of Mr. Clarke, the Plaintiff in the su vas the only witness eXanmned during the evening session. He was ce xamined in relereiice to astatement made to him by Judge McCunn, to the effect that he (Judge McCunn) would stand by Viarke, ‘The witness testified that this re- mark wus made in relerence to the jurisdiction of the LWo courts. ‘The committee adjourned the case of Judge Me- Cuan sne due, and Will resume the examination of the charges agaluat Judge Barnard this morning, at ten A. M. CITY STEAM TRANSIT. To THE Eprtot OF TRE HERALD: Your editorial of ‘to-day is one of the best ever penned on the subject of steam trains for city travel, all (he projects which have veen before the Legisia- ture for years past are merely privae schemes for enriching mdividuals, as all admit the immense value of a ciarter of this sort. Af there 18 su great a value in this matter of ¢on- veying passengers quickly, by steam, from one ena of the city to the other, the people should lave the benefit of it, and the twy routes you suggest are, no doubt, the most practical, as the rignt of way would cost less than through the central part of te city, Bud the width of (he sgi@nd 18 not so great at any point a8 to render it inconvenient to reacn any sireet or avenue by walking vither irom the east or west side, And then, again, the col th these two roads would not interfere with existing horse ratiroads so much as if they were to rum more centrally, However, the great idea which, I think, will very popular 18 to have the roads built by the city, ana run by the city, so that all the advantage of pratt wil inure to the public by low rates “This would increaae the value Of real estate throughout the isiand, by keeping the population which right- fully bewongs Here, where it does its vust om leaving New York to seek homes in Brook! ae New Jersey, Connecticut and otner neighbouring p! J have attention to the subject of antra- mural trat y steam for many years, but have not met with anything more satisfactory or hopeful than your 8; and trust you will Aad subject Lefore the people. A NEW YORKBR. HIGHWAY ROBBERY, On the 10th of December last Thomas McGrath, of 29 Madison street, was proceeding home, whea, on nearing his residence, it 14 alleged, he was felied py @ plow irom @ cart rung im the hands of James O'Brien. While the assailed was lylog stunned upon the payement O’Brien succeeded tn robbiug him ot a gold Watcn valued at $120, Yesterday McGrath chanced 49 meet U'Bricn, and inmediately caused his arrest by an officer, He was conimisied Jor wial 1n AelaUll OF $2,000 Dalle wena ven el MAYOR HALL The Prospects of a Speedy Commencement of a New Trial—The Coart of Oyer and Ter- miner to be Selected, ‘The counsel employed in the late trial of Mayor Rall are recovering trom the stupor they were thrown into by the sudden and unexpected termi- nation of the cage betore Judge Daly. It must be admitted both sides would have preferred the contin- uation of the case to ats denoument, and that 1 should not have been so fataliy interrupted as it was. ‘The trial started under anspices which satisfied and assured the pubiio that nothing would be left undone on elther side to 1x the allegea guilt upon the defendant or to prove bim entirely innocent of all complicity with those: members of the Ring against whom popular feeling ran highest in con- nection with undoubted frauds against the city. petted however, ordained that the trial thus itlated should not proceed romised and with the death of {itor ebded te juris: diction of the Court and the termination of the tri A good fr is the people under these circumstances. It was thought that now while they have Garvey, the verer, and Ingersoll and Woodward at their kK, they would not make anotner spring upon the Mayor, but would turn their aitenuon to the other members of thé Bourd of Audit and hear what they bad to say in their own defence upon the in- dictments that have been found ust them. But the spirit which at first actuated the Mayor, to con- front his accusers at once, seems to still pre- Vail, aD4 48 he 13 More than anxious to have bis trial recommenced at the earliest possible moment yesterdi Messrs, Clinton and Peckham and Assistant District Attorney Suilivan met in consui- tation as to futare Notning was detl+ proceedings. nitely settled upon beyond the fact that all were agreed that the Mayor shoulda be once more accom. modated with a speedy trial and that the some should be had beiore one of the Supreme Court Judges in the Court of Oyer and Terminer, THE DALY-HACKEIT SPURT. Recorder Hackett Deflnes His Fositiou—He Denies Any ‘Anssumption.” However public opinion may be expressed with regard tothe sudden termination of Muyor Hall’s tral before Judge Daly, sitting as éz oficio Justice of the General Sessions, in consequence of Recorder Hackett’s judicial opinion as to the jurisdiction of the former named Judge, one thing 1s certain, that some little “onpleasantness” has arisen between the two officials themselves, To remove this, so far asne 1s concerned, Recorder Hacket yesterday morning, while presiding in the General Sessions, took occa- sion to advert to Judge Daly’s language in disposing of the Halicase. se desires no doubt to put him- self right upon the record, that it was not an ‘ase sumption” on his part to rule as he did, when his own jurisdiction was called tn question, but that he was compelled to do so under the circumstances, The Recorder sustains his first position, ana quotes a@uthoriies that have never been disputed on ne point, RECORDER HACKETT EXPLAINS, In various city journals that have met my eye I learn that Chief Justice Charles P. Daly, of the Court of Common Pleas, an ex o/icio Justice ef this Court, in his published decision takes excepuon to an as- sumption by myself that he had uecided the present March term of the Court of Generai Sessions, which has been holden and is now being held by me, to nave been anidto beirreguiar. In courtesy 1 am bound to say that @ counsel made an exception here to my jurisdiction in holding the preseat term, and stated that Mr. Justice Daly had decided it to be irregular. From the bench I replied, hypothetically, toat if Mr. Justice Daly had so held, while] nud always entertained great respect generally for his judicial opinions (as I ought to, for nextto Mr. Justice Ingraham he js, I believe, the oldest Juage in the State, both having been upwards of a quarter of a century upon the Bench), I could not agree with bim, and I added that the moment the juror died in the case before him. his further connecuon as an active Judge of the Court of Sex sions ceased Yor the time, which opinion am clearly of, the more so because since Mr, Justice Daly commenced the trial of the indictment against Mayor Hall the regular March term of tunis Court was commenced and has since continued, The Chiet Jastice had a right, as an ex officio Judge of this Court ana presiding therein, under a statute of 1846, to end a case on trial, and to extend (under additional statutes) his term for tat purpose, But the trial ended when tne jury was reduced to the number of eleven, under the authority of Cancemi’s Court of Appeals case. Justice Daly could not then begin wew business, because, meanwhile, this new March terin had begun and has ever since continued, @nd 1s a regular term. Aside irom these considerations City Judge Bedford has been in the city since Taesaay last, 80 that, on both grounds, the Hail trial had to stop, and lam giad to notice that my opinion (an ofi-nand and hy- potherical one at the ume) was ratified by the Chief ustice in his action. 1 bave prepared this pubic explanation, as eminently due to so estimaviea THE JERSEY CITY FRAUBE Fifth Day of the Trial—The Police Commission, ers on the Stand—Letting the Cat Out of the Bag—A Donnybrook System of Paying Away the Public Money—Edmondson and the Senate—The Defence Closed. The trial of the Police Commissioners and Chies of Police of Jersey City Wag resumed yesterday. The cross-examination of Mr. Pritchard, President: of the Commissioners, was takenup. He stated that be was authorized by the Board +0 make.an co in the pay of the captains, Inspector and Health Inspector; some of the captains expressed a deure to contribute; the first order was for $50; two other orders for $50 were given. “Did you not know that you had no right to loan the people’s money in tais manner ?”” 10; the charter does not guide us in the matters we have no rule for the payment of salaries except that of convenience; no reductions were made up to the middle of February, yet I signed the cnecks; took no legal advice as to the right to make the advances; the sum of $8,800 was:received from the men ana paid to me by Inspector Dickson; no names were given of the parties who paid the money; asked Mr. Dickson if ail had pata,” Police Commissioner Edmondson was then ex- @mined. According to his testimony he was. the Prime mover in the scheme to ‘be very liberal with other peopie’s money, He pressed the matter of giving an advance to ten captains upon the Com- missioners. He was proceeding to mtroduce poli- tics into his evidence woen he was checked by his counsel, He said he thought he had a right to make the advance, “Have you ever received any money in connede tion with your oitice except for salary ?”” “Xo,” ' In bis cross-examination by Mr. Stout he ad- mitted that ne had promised in a conversation with Captain Vao Riper to go to the Legisiature and try to get $200 a year added to the pay of captains, “and I fulfilled my promuse.”’ “And you fallea ?”” “1 don’t know about thas yet; the vote is to be re considered,” Court—Never mind about that. (This reference 1s to the bill to increase the pay of olice captaihs in Jersey City. 1¢ was defeated in the Seuute on Thursday, and that body wil, of course, make an apology for their inexcusable con- duct when Edmondsou calls them vo account.) Cross-examinatioa contmued, —1 received some of the money contrivuted by the men for political pur- poses; did not take any particular interest in ralsiog money for election purposes last tall. “+ Did you get a power oj atturney irom Mr, Acton, the Assessor, to collect monvy for political pur- 2 *‘thavs my business.” ‘The Court ruled the question out of order. Chief of Police McWilliams then testutied to the orders he received from President Pritchard, to ad- vance the satury of the captains and oisown, (He was shown the check signed “James Parker,” which Captain Parker said ne did not endorse. Ladvanced Mr. Parker the money on that check an retained the check on the next pay day ; I signed the Captain’s receipt. according to his insiructions, (Captain Parker swore that he wuthorized no person to amx hisname tothe cneck.) ‘ne matter of the men paying money tor political purposes waa en- gineered by me; OMicer Wiliiaus Was not dismissed because he refused to pay tie assessment; he re- signed; never received aLy money in connection with the Pulice Department except my salary. Cross-examined by the District Attorney—Don’t know that it 1s a rare (hing tor Commissioners to advance salaries; never heard of ite being done; Mr, Pritchard ordcred me to reduc: the salaries of the captains; it was @ verbal order; [ did mut opey 11; got another order and did not obey it; got a third and @ fourth order and obeyed the latter; that was on March 1; he to.d the Iuspector to take off a portion cach pay day; did noi intend to do anything wrong in not oteying the order to re- duce; am nol in the habit of disobeyiug orders; acted as I did throug. a misunderstanding; deciine to answer whether I set up my opinion against my superior officer; the captains cumplained about needing tho advance; an arrangement wus made by the Commissioners With @ Lalor to iurnish uni- lorms; the captains had to have toree or four suits of clothes; I made the arrangements avout paying for the uniiorms; their expenses were not to my kuowl- edge increased by their contribution; don’t know what they did with the advance; suggested that the captains aud Inspector should puy $60, sergeapts $25 and men $20; no salary was fixed for the Police Inspector by the charter, but 1 was ordered to pay him $1,809 per year; con't Know who paid contri- butions; there were more than one hundred and thirly men on the pay roll; the charter gives power to put more men On; don’t Know why they were put on; President Pritcnard Kuows all about it; Lipthiscey 80 cultured @ scholar and so proiound a jurisi, ‘ANOTHER MYSTERY. On Monday night last, Dennis Callahan, an Irish laborer, nearty 60 years of age, who lived in a shanty in Seventy-sixth street, between Second and Third avenues, Was out drinking to excess, and at hall past ten o'clock P. M. left a corner groggery near by much intoxicated, as was believed. with the inten- tion of going home. An hour later Callahan was found lying on or near a pile of rocks ina sunken lot, about one hundred and fifty feet from his shanty, by the woman with whom ue lived, who raised an alarm, and, at the same time, declared Cailanan i been knocked 0owa and robbed. On his person at the time, however, was found a wallet, contain- ing a swenty-Oye cent currency note, a five cent ver plece and a bottle tuil of whiskey. Cailanan, apparently being seriously injured, was removed to Bellevue Hospital by the police for treatment. In consequence of the allegation of robbery Captain Gunner, of the Nineteenth precinct, deputed Detec- tives Hitchman and Crowley of his force to make a thorough investigation of the mate and alter doing #0, became thoroughly convincea that Cailaban had not been assauited or robved, but that ne fell into the sunken lot while drank. ‘Ihe detectives found @ woman who chanced to be louk- ing out of & window and saw Callahan moving un- der heavy pressure in the direction of where he was epihaoails found. After his admission to the hospital Callanan did not rally, and sank gradually lull yesterday morning, When death ensued. It 13 thought deceased had received a fracture ot the skull, After @ post-mortem examination on the body Coroner Herrman will hold an inquest, STILL ANOTHER MYSTERY- Death of a Station House Lodger. On the night of the 19th inst. Frederick Theis, a German laborer, apparently somewhat under the influence of liquor, applied at the {welith precinct station house for lodgings, and the next morning he was found lying imsensibie on the Moor. Theis was immediately removed to the Reception Hospi- tal, Nivety-ninth street, where he Gicd soon alter admission, the attending pnysician being unable to rally bim. The body was subsequently trans- Jerred to the Morgue, where Deputy Coro- ner Marsn yesterday made @ post-mortem exam- mation. He found a large clot of blood on the right side o. the head and a fissure of the right temporal bone, Death was the resuli of compres- s10n Of tue brain, The latal mjuries, in the Doctor's Opinion, Were of ten days or two weeks standing, ‘AS the infernal organs showed deceased 10 have been a man of invemperate habits it is presumed he received is injuries by a fall while inioxicated, but that 1s all surmise, The Captain of the Tweiltn pree ciuct 3s searching for testimony whieh will clear up the mystery, alter which Coromer Youug will hold an inquest. Pere ae THE GENEVA WATOH COMPARY, An examination was heid tn the case of Alfred 0, SnifMn, a clerk in the employ of the Geneva Watch Company, upon compiaint of Myles Fitzeaburgh, a vlerkimthe cmploy. of the agent of the Waltham Watch Company, charged with false pretences, As- sistant Disirict Attorney Sullivan appearing for the rosecution, ‘the complainant was examined by ir. Sullivan, and testified to visiting the store On roadway and purchasing the watch, the prisoner representiiz tie waten as solid silver and worth $30to $35 In a retail store, Tne complainant, upon being crossexaminea, stated he had the cases sent to the United Siates Assay office and assayed; that there was ¢1 46 worth of silver in the case; that he was @ jeweller and did not know wnat the watcn was Worth: did not know whether the watch was worth auy less than what 1 paid for it: thougit the watch was worth $5; was accustomed to repairing watches; the works im the watch he thought were imitations of a chronometer balance; Mr. Howard paid him (wit ¥ ness) for the waich alter he had parted wii have tt assayed, The editor of a thoraing paper ie stated, had asked him to make this complaint, He rehased the watch with his own money, The pay in Saonae oe vhe assayors was the ere ty Seen, any wont de adjourned until Tues- ———______ SELF-BUTCHERY, A Bartender Kills Himself with a Porket Knife. Sergeant Varr, of the Teuth precinct, yesterday morning reporvea to Coroner Young that Richard Perrin, twenty-eight years of age, born in ireland, @nd a bartender in the employ of Paul ¥. Hurley, corner of Chryatie and Delancey sireets, had com mitted suicide by catting his throat with a pocket knue, bad also gashed both his legs with the knile, At one o'clock im the morning Perrin was found dead in bed by Mr. Hurley, who seemea ‘to Know Of nO Cause lor Lhe commission of the deed ‘unless it Was prompted by poor health, with which ne had been suffering for tree or four days past Tyg Wall Wold AM davon big— Hous don’t Know of any duriug Octover; don’t know anything about the smallpox being prevalent: ee were men appointed to aasist the Health Inspector. ‘rhe Court decided that this line of examination was out of order. Cross-examination continued—Don’t know how much mon y Was contributed by the men; no men were removed from one preciuct to another because they would not pay their assessmen don't know whether Willlamson paid nls assessment or not, nor did I care; don’t KnOW anything about It; special patrolmen were put oa because some oF the precincts were too large. Q. Did you send any policemen to find out how the jury stood in regard to this ial? ‘fhe Court overruied the questivn, Police Comiiissioncr ‘Thomas A, Gross was examined, but there Was nothing new 1a Dis tes- timuny. Police Commissioner Goetze wasnext examined. In his cross-examination by Mr Stout he stated that be had a conversation with Captaim Parker about an advance in the latter's salary; I said the matter would be very provabiy remedied py tne next Legisiature; had a conversation with Com- missioner Hdmondson about it; ali the Commis- sioners had @ Conversation about the increase ex. cept the Mayor; the Health Iaspectors salary wad mentioned by Mr. Edmondson; he said that the laspector was doing more work than he was paid for; twas understood then that he was to come under the arrangement With the captains, to have solnethiug advanced to him; nothing was said about Inspector Dickson's salary, as ne was looked upon like the captains; I examined the pay rolis but I did not examine ail the deialls; it was impoa sible to look into every little thing. “Was not that your business ?”? No answer. “At the meeting about the Ist of February 1 endorsed the pay roils, thor the re. ductions had not been made; the pay rofis for the aecond hai of Januaiy were eudorsed by me at the first meeting in February (the 3d of the month); the men had already been paid; Leigned the pay rolls tor the first haif of February as correct, aithough the reductions had mot peen made; when 1 found the reductions had been made at last I said, “At last you're coming,’ or something to that etfect.” Court—When you consented to have the advance made did you yet anything from tne men to show for it? “Tid not; I Jett tt all with the Prestdent.”? isalah Hution, another Police Commissioner, was examined, and his testimony, as iar ag it went, was @ corroboration of that already given, Mr. Hutton, who ts im a very deli- cate state of nealth, evidentiy knows fewer ot the mysteries of tie Ring than any of nis associates. I answer (o the question whether he bad ever ree ceived any money except his salary in connection with the Police bepariment, he answered very ear- nestly and emphatically, “Not acent.!’ It would appear Laat he Was shut out from many of the Star Ghhmber meetings of the Commissioners; for, in his cross-exaimination, be stated that he never heard the conversation avout going tothe Legisiature= “Neyer, lil [ beard it in this Court House,?! Mr. Abbett announced that an ance rested, ‘Phe District Attorney recalle Y. Pritchard, and asked him whether the men are patd before the pay Tolis are ordered pald, to which ‘@ reply in the aiir mative was given, is WAS an all-important point for the State. Mr, Pritchard tied to explain, bus the Court decided that it he bad nothing new to offer he should wijhhold his explanation, He should confer with his counsel on the matter, Mr. Pritch- ard felt quite uucomtortable at tis accidental ars. covery of @ very peciiiar method of transacting business, Pay first and asveriain the correctness afterwards 14 a system that had a paralel only in Donnybrook, where # roilicking youth wouid smash & skull witha siullalah, and then inquire whether he had strack the right man. When the counsel for the defence announced that they had closed their case Judge Bedle satd:—In the summing up ol this case counsel are aware ol the rule of the Supreme Court allowing two hours to each side, to be divided as they deem best. If the counsel on either side desire it that rule will be re. laxed, but the agreemeat must be made vefore the summing up 18 commenced. The Court will now adpongen Ull Monday morning, at ten o'clock. ady + was precisely hall-past three when the Gourt journed, THE VALUE OF OUR MARINE CORPS, PHILADELPHIA, Pa, March 19, 1872, To rue Eprror or THe HeRaLD:— ‘The editorial in to-day’s paper, “Our Navy and Ite Rerormers,” is 80 just and frue that Lam compelied to tell you how much pleasure 1¢ gave to our oMcers stationed at the Navy Yard here. You overlook, however, a measure lately introduced by Mr, Mor. gan, of Uhio, in Congress to abolish the United States Marine Corps. This would still further crip: ple the navy. It is its “right arm,” ana tne nay; tesufles, from highest to lowest, of us value. The men ser ve as aruillerists on board our ships as well ag mfantry on shore, and Admiral Turner told me a short time ago that whea he commanded the Iron sides at Charleston he appied for more marines in place of landsmea, on account of the superior BKIL and discipline Of the marines, aud this ts the opinion of all oMcers of rank In the Service to Whom Thave spoken, Will you uot say a good word tor us? Respectraliy, L. BE. LOGAN, Licutevant United Staves Marine Coro