The New York Herald Newspaper, March 29, 1872, Page 5

THE COURTS. Interesting Proceedings in the United States, New York and Brooklyn Courts, Alleged Perjury—Businees of the United States Gireuit Court—The Jim Irving Trial—Con- tempt of Court Cas:—Violation of the Rev- euue Law—Verdict Against a City Bailroad—Decisions—Alleged For- @ery Against a Lawyer—Busi- ness of the General Sessions. UNITED STATES SUPREME COURT. Action Agatost the Cunurd Steamer Java for Resning Down a Schooner—A Loyal Louisl- nian Sues the Government for $72,508—A Smart Virginia Rebel Seizes und sells Property Partly Purchased from Hlim=—ime portant Decisions trom the Court of Claims. WASHINGTON, March 27, 1872, Fo. 145, Burns et al. vs, Judd Linseed and Sperm Oil Company—Appeal irom the Circuit Court tor the Dwstrict of Massachusetts,—The libeilants, ap- peliees, were tne owners of a cargo of lunseed which was shipped on board the schooner James Movldskey, bound from Boston for New York, The schooner was towed from East Boston into the stream and was getting under way near the school- svID George M. Baruard, aud had only 4 part oi uer foresail uoisted, Woen her master saw tie Cunard Seamer Java cumiug rouud the stern ot ine schovisnip and making directly ior tae schoone.. schoouer’s heii Was pul Nurd-a-siarboard out te steamer struck her abait tue main rigging gud knocked a ho.e througa ier, and the luseed Was damaged, ‘Tne appeilants, owners of the Java, Dicaded iuevitable accident, aud tue Lisirios Court sustained the plea, dismissing the libel, ‘ine Cir- cuit Court, finding the same state of facts, held that the Java Was at fauit in voluuiarily aud irom ber Own convenience placing ne! in & position Where, mevtung @ small vessel 10 @ place Dot un- ‘Usual aud Where such a meeting might reasonably Bave been expected, she coutd do nothing by her Machinery, er anchors or Ler helm to avoid tue Collision, The decree oi the District Court was re- Versed, and irom ius decree ol reversal the cause comes here, the appellants insisting that the steamer prompuiy and properly manu and that she cannot ve heid responsible tur the position she occupied. W.G. Russeil ior appellants; R, H. Dana, Jr., ior appellees. No. 146, Pugh vs. ‘Ihe United States—Appeal from the Court of Claims.—Pugnh alieging himself to be @ native and a loyal citizen of the United States, who never in any way aided the rebellion, sued to recover $72,508 for property destroyed on bis plan- tation in Louisiana, and for its occupation and reutal by the government, it being ciaimed that the Government Dad possession oi 14 for the years 1864 tnd 1860, and thar 1. was rented io parues who made aboui fifteen thousand dollars per anuum of Sugar aud mMoiasses Ov it, The Ciaimant alleges it onder the advice of his physician he weut to fexas (or His nealta tu 186., ieaving Ins plantation dm charge of an agent, and tual the government forces dispossessed Nis agent and appropriated his property. She Court of Ciaims dlomissed ‘the petition, for Want of jurisdiction, noldiug that it Culud not adjudicaie a case involving “a claim against the United States growing out of the de- struction or appropriauon or damage to property by wwe army or wavy engaged in the suppression of ‘the rebellion,” § (Act of July 4, 1864.) 1013 here ip- Bisied that tne government, Laving taken posses. sion of the property and restored 1 ia a damaged Condition, there 18 au Implied contract vo pay for the use ind w restore it in as gvod @ conuition a8 ‘When tukeu. 11 18 also said that the motion ta dis- mias being in the uaiure of w demurrer or equiva dent thereto, it admitied the aliegauous of tie peti- dou, und, thereiore, in case the jurisdicuion 13 sus- lainey, the judgment must be tor the claimant. FB, 3. Davane tor claimani; 0. H. Hill for te govern- meub No, 151. Bizler vs. Waller, Administrator, &c.— Appealirom the Circuit Court for the District of ‘Virginia.—Tnis was a suit brought by Bigler, of New York, against Waller, of Virginia, to navea Certaim bond aud trust aeeu in the natare of a mort age uecreed to have been paid. sbigler, beiore the war, purchased ot Waller, deceased, a tract of land for 280,u0u, paying $6,000 cash, aud giving mort @ oF trust deed In quesuou for tue vaiunce, Ving made large lMproveuieats on the place and tayeee Ob tue Mortgage LO ihe exteut Or $12,000, War came Ou aud ihe property was taken pos- Session of by the revels, und Waller, wuo was Qa oilicer of the revel army, caused the mortgaze to be foreclosed, and a sale of tue estate at public aucuon, Duying it in nimselt for $17,000. ‘Lhe prayer was’ that cer‘aim aestruc- tuon of property made by Waller’s iessve, aud the Teuts abu procts appropriated, shuuid oe adjudged @s cancelling the mortyaye, aud that the pian guould be decreed eatiiied to possession. ‘fue Court fouua Bigier 8:1 iudebted to Wailer $13,000 on the morigage, aud decreed wnat he receive irom Wal« Jer’s admiuistrator tie Value Of $2,000 In Conteder- ‘ate bonds (106), or $15,854, wich sum Waller had received as reut lor the piace; and iurther decreed that Bigler have possession upon paying Wailer’s adiinistrator $17,000 and Certain Cosis 10 ower Par- tues concerued, abd appointed a trustee to seil in Cage te sums decreed were not paid. From tis decree tne appeal 13 \aken. C. Roviuson for appel- lee; &. L. Faucher Jor appellant. No, 154. United States vs. Wilder—Appeal from Court of Claims.—In May, 1861, Burbank & Co. con- fwacted wilh tue Quariermaster’s Department to furnish transportation ior ali public stores from St. Paul to Fort Avercrombie, Dakota, at the rate of $2.90 per 100 pounds. The contract specified no period of duration; but the transportation went on under it until July, 1863, when, as alleged in an exigency vi the government, Lurbank & Uo, ae clined vo furnish further transportauon at the same rates. Under these circumstances the Quartermas- ter in charge speed to pay for the Wansportauon What it was reasonably worta, and $4 60 per 100 grants was fixed upon; but the Department at asbington reiused to pay any greater sum than $2 v0, origiaally agreed upon, for the Feasoo that the obligation under that agree- Ment had not been terminated oy reasonable Howce, iis sult Was to coliect the difference, the joverament bakit paid in 1Uil at the rate of $2 90, fue petition was filed more than six years from the couciusion of te services, but jess than six years fon the time of payment. ‘The Court of Claims eid that the contractors bad @ valid claim, and that 1 Was brought within the time allowed oy law. The government here insists tuat the payment of $2 90 per Juv pounus did not acknowleaye that the sum suvd Jor Was due, BO as to tuke Lhe case out of the svuiute Of lmitations, and toat there 1s nothing Gue tne Claimauts under the advance agreed upon by the Quartermasier, Case submitied on the rinted briefs. C. H. Hilt for government; Sand- orn & Kiuy ior ciaumanis, No. 492. Armstrong vs. United States—Appeal from the Court o1 Claims,—This was an action to re- cover proceeds of cotton seizea under the Captured and Abandoned Property act, in which the question ‘was upon the loyaity of the claimant, The Court below inferred disicyalty from the fact that tne aan proacaea, bey U4 the | kee! ig the United astes approached, and the judgment was 4 her. suis Court do not pass judgment Tok this ruling, but reverse the judgmetit ot the Court of Claims, on the ground that the proclamation ot par- don und amaesty of December 25, 18:8—which was copayyional and Without reservation—nas ren- It unnecessary to determine the questign, tis WA3 & Public Act, Of Which all conrts are bound to take noilce and to carry intqefect. Tre Chief Justice ueiivered the opinion, No, 24. United States vi Crussell—Appeal from the Gourt of Vlaims.—Tbis Was a proceeding to re- over the amount of the proceeds of certain cotton peized under th Daprured and Abandoned Property And the question was upon the proof of the having beea paid into the Treasury; for ithout thet tact being before the Court there couid ‘be no recoyery. ‘tne Court below found irom the ‘circumstances that the proceeds had been paid into tue {reasury, and the claimant was allowed to recover. ‘nis Court afirm the jadgmeat, the Chief Justice delivering the opinion. Disseuting, Justices Davis. Swayne and Miler, wno hod that the bur- den of tue proof 18 on the claunant to show that tne Money has veen patd into tae Treasury. No, 93, Sears vs. Steamer Scotia—Appeal from The Circuit Court for the Southern District of New York.—In this case the Court aflirm the decree of the Circuit Court, holding that both under the law a and the act of 1864 it 1s obligatory on at 6ea to display colored side lights, and that under the later this regulation 18 to oe enforced in the case of a collision ab sea outside the jurisdiction Of any nation, evea when the sult is between our citizens and the citizens of a foreign State, Mr, Justice Strung delivered the opinion, “ No. 126, Steinbock vs, Relief Fire Insurance Com- pany of New York—Error to the Circuit Court for Maryland.—This was an action on a policy of in- Surance on the plaintiff's stock of fancy goods, toys Bud other articles in his line of business asa Ger- Man jobver and importer. It was stipulated im writing that he should be Privieges to keep re crackers on sale, it appearing that 4 the ume of the fire the plaiuumt had reworks in ins store for sale, he offered evidence ‘Mat Hreworks were an arucle in his line of business & geueral joboer and importer, for the purpose Of showing that they were covered by thé written Words ai the poltes— other articles in his line of business.” The Court rejected the evidence, and we verdict was for the company. Tais Court afirms rly rejecied. Justice delivered tie opinion. nang Re No, 105, Conrad vas, Hazlett et al.—Appeal from the Ciroutt Court for the District of Missourl, —1his Was 4 Ouse Of Cullision op tue Onio River berweon. . NEW YORK HERALD, FRIDAY, MARCH 29, 1872—TRIPLE SHEET, THE HAYS-O'DONNELL HOMICIDE. | THE BULLS AND BEARS. steamboats Kate Des Moines. This Court Stirs che decree of che Cire Court, holding that uit both vessels fault, and ordering the dam~- fagea to be apportioned between them, Mr. Justice Davis aeuvered the opinion. No. 124 Miller vs, Watkins and the Patent Nut ‘and Boit Company.—Error to the C.reuit Court of Louisiana, This was an action torecover on an alleged coatract with Watkins, made for the Patent Company, by which it was agreed the latter should manufacture cotvon iron ties under Butler's patent and divide the profits after payment ol expenses. ‘Ine delence was (hat no contract existed; that a draft of & prponeed Contract was made, but not signed, and that the azreement was never coim- pletet, Under the instructions of the the Court the verdic& Was {or the compauy, and the judgment entered is here reversed vecause of error in tue rul- ing of the Vourtin excluding letters from the de- fendunts in error tending to show their motives in negouaiing with Butler. Mr, Justice Strong de- lvered the opinion, No. 589, Union Mutual Life Insurance Company, of Maine, vs, Wilkiason—Error to the. Circuit Court tor lowa.—This was @ suit on @ policy of insurance taken by Wilkinson, a resident of Lowa, on the life of his wife. ‘The defence was that the wife bad in ciplent consumption when the insurance was ob- tained, which fact was iraudulentiy suppressed, and that she nad been years before seriously injured by failing (rom a tree, which fact was also trauda- lently suppressed. ‘Tne two questions were sub- mitied to the jury, and they found for the insured 1 both insiances, ‘Ine case was brougnt here ov a writ of error to the judgment, and tnis Court afirms the jadgmeat. fading no error in the ruitoy of the Court below. Mr, Justice Miller delive the opinion. No, 114 Stoughton vs, Gerson—appeal from the Cireutt Court for Maryland.—This was a proceeding to obtain a sale of two steamboats, one of which was purcnased by the intestate of Stoughton of Gerson, a mortgaze beimg given on the one pur- chased, and anouher owned by the intestate to to secure a balance of purchase money. ‘Ine de- fence Was {aise representations by the broker making the saie of the vessel, in stating that she did not draw more than tree and a hair feet of Water, The Court below found that tne alegations of the defence were not proven and the judgment Was jor Gerson, and this Court affirms the judg- meat, Mr. Justice Field ‘elivered the opinion, No. 365. Monger vs. Shirley—Appeal trom the Circuit Court for East Tennessee.—appeal dis- missed. No. 7. Original. Exparte McNetl—Petition for Writ of prohibition to the Disirict Court for the Eastern district of New York.—application denied and petition dismissed, No, & Original, Exparte land.—Same orcer. No, 18. United States va. Siivey—Appeal from the Court of Claims.— Afirmed by a divided Court, No, 10. Original. Exparte T. Jefferson Greer.—In this case, which is one of the Ku Klux cases from South Carouna, under the knforcement act of 1870, the Court have directed writs of habeas corpus apd certiorari to issue, to bring up the commitment for examiuation here, and the writs are returnable on the 8th proximo and to be heard on the 12th. Important Patent Suit—A Manufacturer of Locomotive and Car Wheels Alleged to Have Obtained Patent Privileges by Fraud— The Reading Railroad Company Contesting the Power of the state of Pennsylvania to Tax for Goods Transported Beyoud the State Limits. WASHINGTON, March 28, 1872, No. 147, Mowry vs. Whitney—Appeal from the Circuit Court for the Eastern District of Pennsylva- .Dia.—The bili in this case was filed to obtain an inqut- sition against Whitney to restrain a proceeding prose- cuted tn the Circuit Court for Ohio against Mowry, for an alleged infringement of a pateat granted to Whitney, in 1848, for a “process for prolonging the time of cooling in connection witn annealing cast tron ra tlroad car wheels,” ‘The bill recites that the extension of Whitney’s patent, granied in 136: 18 vold, because procured by means of frau and deceit practised on the Commissioners of Patents in respect to the profits of the patentee, and alleges tuat this fraud canuot be used in the defence to the suit in Ohio, because that case has been decided against the piaintuf in this, and 1s belore a Commissioner for an account; and that it ‘Was not used on the trial, because it was not known until the trlai that such iraud was used in pro- curtag the extension, having been ascertained from the testimony on tue trial. The Court held on demurrer to the bill that it could not interfere with the Onlo proceeding with- out usurping the appeliute jurisdicuon oi thia Court and collaterally nullifying what it 13 pro- nibited irom even reversing, sud the petition was dismissed, It 18 here. claimed that while the Circuit Court of Penusylvania had BO power to direct or control the proceedings of tae Circuit Court for Ohio, tt did have jurisdiction over the deiendant, Wuitney, together with tull power to enjoin and restrain him from prosecuting a suit in the other Court, where, a8 shown by the bill i th: case, the suit which he was sought to be enjoine irom prosecuting was founded on an instrament frauduientiy procured, and the prosecution of the Built upon it Was contrary to equity and good con- seieuce. A, G, Thurman tor appellant; Henry Balda- win, Jr., for the appeilee. No. 165. Reading Railroad Company vs. The Stato of Pennsylvania, aud 163, Same, vs. Same— Error tothe Supreme Court of Pennsylvania.—In February, 1856, the Legislature of Pennsylvania passed an act which provided that in addition to Ube taxes then provided for by law every railroad, canal and transportation company incorporated under the lawa of the State, and not liable to the tax upon incomes under existing laws, shall pay to the Stave a tax of three-fourths of one per cent upon the gross receipts of the company, the tax to be paid semi-annuaily before tue Ist day of July and Janu- ary, commencing on the 1st day of July, 1866; and for the puryose of ascertaining the amount of the same it was made the duty of the Treasurer to transmit to the Auditor General, at the dates fixed, @ statement, under oath or affirmation, of the amount of gross receipts of the com| during the period of six months; and if there was refusal or ‘allure for & period Of thirty days alter the tax became due to make revarn or to pay the tax, an addition of ten per cent should be collected. Under this act the company paid the tax on that portion of their gross receipts derived entirely from transportation of j goous to be delivered within the State, but refused to pay on that portion which was derived irom transportation intended to go without the State. From a judgment jor the latter amount the writ of error is taken, and the piaintitfs in error contend that that portion of the gross receipts of a corpora- ton are not liable to a tax the same as that portion Of its transportation within the State, ‘I'nis tax, equally on all the gross receipts derived from every source, constitutes an unconstitutional regulation of commerce, 80 far as it taxes the gross Bae ead Ms Bete Oh No, 156 presents precisely the same question, ex- cept that the taxis upon the tonnage of the road which was transported beyond the borders of the State, and the familiar argument is therefore made that so far as the tax 1s Imposed on transportation from or into the State it conflicts with the clause in the constitution which gives to Congress the power to regulate commerce with foreign nations, among the several States and with the Indian trives. On the part of the State it 18 insisted that if it is a regu- Javon of commerce to impose such a tax the State has @ right under the clause of the constitution quoted 10 make such @ regulation, Congress not having prohibited it by legisiatton, J, E. Gowan and R. A, Lamoerton for platatifs; &. W. Smith and £, Carroll Brewstec ior defendants, ate UNITED STATES CIRCUIT COURT Alleaed Pe ee. Before Judge edict. Yesterday James 8. Woodhouse was put upon his trialon an indictment charging that he had com. mitted perjury by swearing in an adidavit made by him before Commissioner Osborn that he owned @x acres of land on Franklin avenue, Brooklyn; that he was the sole owner of the same; that it was not encumbered, and that he had paid the taxes upon the property named up to’the present time, This acidavit was sworn to by Wood- for the arpose =of having him taken as bail in 68 ~—=s certain §=bankruptcy proceeding that was pending before Oommussioner Osborn, forthe prosecution evidence was given to show that the property mentioned in the defend- @ut’s aftidavit as belonging to him was now actually held by one Jacob Webber, who had got possession Of 1t on consideration of & payment of $90,000 to a rson named Meyer; that the taxes had been since (864 paid in the name ot @ party other than the de- fendant, and that Webber had assumed a mortgage Of $20,000 upon his purchase, The actendant set up that he had @ title to the property from one ‘atson, but this allegation was controverted by the vernment, Mr. Ovaries 8. Spencer summed up je case on the part of the defendant, and Mr. Davis, Assistant District Attorney, for the govern- ment The jury, after a brief charge from the Judge and having deliberated ior tive minutes, found the dofendaat UNL, ney ym ~* "Business of the Court. Judge Benedict stated that as the present term of the Court ended upon Saturday he would on that day, at ten o’ciock in the morning, sentence the risoners Who had been recenuly convicted before 1. ‘The Court then adjourned. The Trial of Ex-Assemblyman James Irving. As tho present criminal term of the United Staves Circult Court, before Jadge Benedict, ends on Sat- urday, 1t 1s utterly impossible that the second trial of James Irving, ex-Assemblyman, for alleged vio- lent assault upon Deputy Marsnal Dowley, can now take place bere the adjournment of the Court, It ‘Will be remembered that the alleged assault was comimited wale the Deputy Marsal was making eiforva to arrest Uwen Geoghey In the neighvor- hood of Fifteenth street and First avenue, for some Amputed violation ul the Election law, nega Qa already stated in the HERALD, has eurreadere fad given bail, to wake his trial when called upon; bur itis notilkely that elvner tie trial or that of Fagen Trying oan, behead Mext Moni Which mer | sue schooner Dossibly be devoted to the disposal of 1mportant civil and equity suite, UNITED STATES DISTRICT CIURT—IN BANKRUPTCY. Alleged Contempt of Court. In the case of L. ©. Hyde against Michael Steiner and others Judge Biatch‘ord has reserved his de- cision, upon & motion waich was argued before him to punish Steiner for alleged contempt of the au- thority of the Court in violating an injunction that had been issued in respect of certain bankruptcy proceedings 1m Hlinois, 1b Was maimtained during argument that a party could not plead a deiect in an foajunction as an excuse tor disobeying its directions, and that auegations of contempt made upon information and bellef were not suiicient to Justily the Court in inflicting punishmen:, UNITED STATES COMMISSIONERS’ COURT. Alleged Violation of the Revenue Law. Befcre Commissioner Shields, The United States vs, Wiliam Dooley.—The de- fendant carries on business in Fourteenth street and Tenth avenue, He was charged with selling cigars over the counter out of boxes that were not properly stamped. Having waived an examination the Commissioner heid him to await the action of the Grand Jury. The United States vs, Frances Barodo,—The de- fendant nas a piace of business in Souin Filta ave- nue, He was held m $1,000 vail for examination on @ charge of manulacturing cigars without properly stamping them, SUPREME COURT—CHAMBERS. Thespian Gentiem in Litigation. Before Judge Cardozo, John 8S. Spencer vs, Charles 8. White.—A motion ‘was made to vacate an order for the appointment of @ receiver as to the renta of the Brooklyn Globe Theatre. The jos were partners, and it fa claimed by the plaloui? that woey leased the theatre to other parties lor $6)0 & month, and that since then the defendant received the rents, without ac- counting to the plainuff forthe same. The Court reserved its decision on the motion. Decisions. By Judge Cardozo. Samuel C. Barr vs, William Arrowsmith et al.— Motion denied; costs to abide event. Guton vs, Firney.—Motion granted on payment of $10 coats, Compton va. Leland.—Same. Sackett et al, va. Downing et al.—Mowon granted oS payment of the taxable costs and $10, the costs this motion, White vs. White.—Proof of service of summons and of default needed. Annié Chisam vs. George W. Chisam.—Judgment of divorce granted on report ot rete! Elizabeth L. Connell vs. Michael Connell.—Re- ferred back to releree. SUPERIOR COURT—SPECIAL TERM. Decisions. a By Judge Sedgwick. isapash F. Martin vs, Arplut Leary.—Order nted, Marcella Rogers vs. Charles Rogers.--Same. ®The Delaware, Lackawanna and Western Rail- road Company vs. James Crower.—Motion for refer- ence granted. George Carpenter vs. Frederick Engelshircher.— Order that bill ag to second cause of action shall state character of service more particularly. Bessie Nash vs. James A, Fagan.—Order granted. COURT OF.COMMON PLEAS—TRIAL TEAM—PART I. Verdict Agninst a City Railroad Company. Before Judge J. F. Daly. Julia Quinlan vs. Sixth Avenue Railroad Com. pany.—This case, which has been on trial several days, the full particulars of which have been pub- lished, was brought yesterday to a conclusion with a verdict of $4,000 for the plaintiff 1t will be re- membered that a ruoaway team ran into @ car of the company in which she was riding, and that, as @ result of the casualty, she was hurt in the spine, producing perinancnt iujuries, COURT OF COMMON PLEAS—SPECIAL TERM. Dectuons. By Judge Robinson, Gilpin vs. Baltimore and Onto Ratlroad Com: pany.—Motion dented, with $10 costs, Shultz vs, Weston.—Motion to set aside inquest dented and stay vacated, with $10 costs, Schneider vs. Pinckney.—Motion for commitment denied, without costs. Hobart vs, Lock wood,—See draft order. COURT OF GENERAL SESSIONS. fi A River Thief Sent to the State Prison for Five Years. Before Recorder Hackett, The summing up in the case of Cornelius Ma- honey, charged with being a river thief, in stealing 81X tons of iron owned by the Ramapo Wheel and Iron Foundry Company, took piace yesterday, After the detence was exhausted Agsistant District Attorney Sullivan proceeded to sum up the case for the prosecution, and to demonstrate tnat the evi- dence showed Mahoney to be one of the most ex- tensive river thieves in New York, and urged upon the jury the importance of assisting the prosecuting officers and the Court in breaking up a system of swindung which robs merchants of tens of thou. sands of dollars’ worth of goods every year. The Recorder delivered an elaborate, clear and Impartial charge, alter which the jury rendered a verdict of guilty. = Mr. Sullivan asked for judgment. His Honor the Recorder said that in his judgment never was there @ more righteous conviction rendered in this Court, and seat Mahoney to the State Prison for five years at hard labor. Petty Larceny and Alleged Burglary. Frank McMahon, charged witn burglariously en- tering the premises of Richard Sheppard, 636 Sixth avenue, and stealing @ patr of shoes, was acquitted. Ellen Kelly, charged with stealing $36 worth of clothing from John T, Doyle, pleaded gulity to petty heh and was sent to the Penitentiary for six months, Alleged Assault and Battery by a “Politician” Upon a Horse Jockey. Louts Dieral was tried upon an indictment charg- ing him with committing an assault and battery on the 11th of this month, at the livery stable on the corner of Seventh avenue and Thirty-eighth street. ‘The parties were dealers in horses, the complainant stating that he was @ jockey, an‘ the defenaant, when asked what his occupation was, said that ne was @ politician. He also ailirmed that the bad feeling which existed between him and McLaughlin arose Out of the Stokes case. As the evidence was irreconcilable the jury gave the benefit of the doubt to tne poliuclan, aud @ verdict of not guilty was rendered. Forgery. George Wilks, alias John Roe, pleaded gullty to forgery in the third degree, he having peen indicted for forging a check upon the Tentn National Bank on the 2ist of Septemver, 1870, as follows:— Pay to the order of Glendenning, Davis & Amory zuvio. WILLIAM HOGUET & GO. It appeers from a Vaso of the papers that the accused was charged with negoitating this check, Which was altered from $24 to $24,000, and was in- duced to doso by other parties, who evideatiy were the forgers. In view of his youth and other miu- ‘ating circumstances the Recorder sent him to the Penitentiary for one year. Alloged Lurcehy of a Horse and Wagon. John M. Van Housten was placed on trial charged With stealing @ horse, wagon and harness from William ©, Spears, 117th street and avenue A, on the Ist of August, 1869. The evidence showed that the accused disposed of the stolen property shortly afterwards toa man in New Jersey, who returned it to Mr. Spears, As the testimony was not all in Le a late Lge La afternoon, ha the Recorder ving an official engagement, tue summin, ‘Was postponed till this morning? fi Arrest of a Lewyer for Alleged Forgery. An exciting episode in connection witn the triaa of Van Housten took place it seems that the Grand Jury have just found an indictment for forgery in the first degree against Alexander H. Reavy, counsel for Van Housten, the charge being that he forged a deed by which an old lady named Kizabeth Taylor was, as is alleged, swindled out of all her property. When it was learned that Reavy was in Court a bencn warrant was issued and placed in the hands of Oaptain Mc. Closkey, Wno, before the Court adjonrned, arrested him, vy Was astonished, and asked the Ke- corder to permit him to go at large tillto-day. His Honor refused to grant his request and fixed the ball at $10,000, It was understood that at a late hour in the afternoon the accused procurea the re- oe amount of bail and was released from cus- ye BROOKLYN COURTS, UNITED STATES DISTRICT cOUAT. Sait to Recover for Damages by a Collision— Decision of Jucge Benedict. John Jex vs. The Steamtug Game Cock, &c.— Judge Benedict yesterday rendered the following dectston in this case:—On the 3d day of Febraary, 1872, the bark Pallas, lying at a pier, was struck by the schooner ©. H. Eaton, then in tow of the Game Cock, and injured to @ small amount. Tne present action ts brought by Jonn Jex, the owner of the bark, to recover ot the tug the amount of the dam- ages sustained by him, as owner of the hark, by reason of the collision, The answer set’ up, among other matters of defence, that while the tug wos taking the schooner into the slip a cake of jee was forced by tho wind and tide against toe tug and sonooner, which opal, a coma) Wi SP and that the damages caused by the collision were repaired by tue owners of ihe schooner at their own expeuse. The proofs show that there was no cake of ice Which forced the tug and schooner upon the Pi but that the collision arose solely from the mismanagement of those wno nad charge ot the tug and controlied the movements of tue schoone! ‘Phe responsivility of the tug lor the damage 1s ac- cordingly ciear, ‘The allegation that the aamage was repatred at the expense of the owners of tue schoouer is not sustained by the proois. The bark was repaired, bat the work was doue upon the credit of the bark, and the bill charged to the bark was unpaid at the commencemen of ths suit, Althongh 1 appears that siave the commencement of this action the bill has been paid by the persol Who Was the consignee of the schooner, sucn pay- meant cannot upon evidence be held to have been maae by the owners of ihe schooner, or for their | account, but ior ac the conaignee act untof the nbellant, for whom dd In respect thereto, and does not ce to this action, 1 must, there- fore hold the libeilant entitled to recover herein tie damages by hin sustained, bs reason of the Col- lision in the libel mentioned, and direct a relerence to ascertaim the amount of the damages. SUPREME COURT—3?EClAL TEAM Decisions. By Justice Pratt. Joseph A. Cutter et al vs, Thomas B. WI'son.—In- Junction dissoived, ou deiendant stipulating Ww reer cause, take short notice of trial and proceed from day to day to try said cause, and to Waive any and all Claims or undertaking herein, Hays et al vs. i’bumas.—Judgment for plaintim, COUAT OF APPEALS, ALBANY, March 28, 1872. The following is the Court ol! Appeals day caien- bos) a gtd 29:—Nos, 207, 206, 174, 162, 14, 123, BANKRUPTCY. Important Question £ffecting tho felling or Dis- posing of Creditors’ Claims. Yesterday, in the matter of Theodore H. Vetter- lein and Bernhara T, Vetterlein, Judge Blatchford, in the United States District Court, rendered an Important decision, in which he holds that tv is contrary to the Bankruptcy law for creditors to sell their claims toa trustee and receive a compensation for voting in favor of a resolution appointing vhe trustee, As the point Is one that has not specially heretofore engaged the attention of the Court, buc 48 Of considerable interest to the mercanuile com- munity, we give in full Judge Blatoniord’s DECISION. The forty-third section of the Bankruptcy act, in providing that the Court snali contirm @ resolution assed under that section, Uf it shall appear to it hat the resolution was duly passed, and that the interests of the creditors wul be promoted tuereby, reter3 to the interest of ali the creditors, and tis design i3 to put it lu the power of the Court protect the interests of those who do not vote in favor of the resolu. tion, ‘The will of three-tourtus 1a value of the creditors whose claims have been proved 13 not to Control 10 respect to the claims oi those whu do NOt Vote in iavor of the resolution, unless the Court sees that the inierests Oi the latter Wii be promote d by carrying the resolution ico effect. Tne tweuty> second seciton of the act provides tnat a credttor to have his demand allowed must make & deposition setting foria among otber Uhings that no agreement has been made by bim to SELL OR DISPOSE OF HIS CLAIM, or to receive any consideraiion whereby any action On his part in tie pruceedings under the act shall ve in any way atfected, influenced or controlled, and that no claim shail be aliowed uness all the state- ments set forth tn the deposition saall appear to be true, The twenty-ninth section of the act provides that no discharge snail be granted, or, if granted, be valid, If the bankrupt, or any person in his pbetalf, has infuenced tne action of any creditor at any stage of the proceed- Ings by any pecuniary consideration or obligation, In the present cage 1t appears that ever, one of she creditors who has stgned ihe resolution appomung the trusiee and tbe coutmitiee has made an agree. Mmeiit to sell his claim to che trustee and to receive @ consideration jor voting in favor of the resolution, Bach has already received from the assignee a divi- end of sixteen per cent. By an agreement signed by each the person aoamed as trustee Is, as 8000 ag three-fourtis in value of the creaitors shall have signed the agreement, to deposit io the hands of tne trusiee enough money to pay to each signer nineteen per cent more; and atior- neys designated are to vole on ovenalf of such signers for such person as tus. tee; and When such person is appointed trustee and tie assignee bas conveyed ali tie es- tate to the trustee und been discharged, the assiguee is to pay to the signers wwe nineteen percent out of the deposit; aud such payment 1s to operate ag an assignment of the claims of the signers to such person asthe trusiee shall name, by a coniem- poraneous agreement between ihe trustee and tne bankrupts, certain real estate conveyed by the sons of the bankrupts and the wile of one of them toa person named by the trustee Is to be sold and is proceeds And other mMoueys in the hands of such person are to be paid to ilte trustee; and we claims of the satd signers are to remain as security to the Lrastee for salt moneys advanced by him until the same and the sum of TWELVE THOUSAND FIVE HUNDRED DOLLARS AS A COMPENSATION for his services as trus*ee shail be reimbursed to him, and after the bankruptcy proceedimus are superseded and the trustee 18 paid such advances aud compensation ne 1s to convey to the bankrapis all that remains of the estate, Certainly this Court can give no sanction to suci an airaugement. As well might THE BANKRUPTS THEMSELVES . be appointed trustees, A persou who 1s to hold the estate under sucn a private trust is not a proper person to be appointed trustee, The forty-third section provides that the trustee shall proceed to wind up and settic the estate under the direction andinspection of the committee Of tie creditors for the equal venefit of all tne creditors, This trua- tee has opiigated himself, by a private agreement, 10 Wind up the estate for his own benetit and that of the sizning creditors, to the exclusinn of the Non-signing creditors. Moreover, but a single per- son ig named as a comumutiee, and he is one who has signed the agreement referred to, and wiil thereby cease to be a creditor tue moment the trus- tee takes the estate aud the nineteen per cent is paid, A trustee who, after his appuintmeut, should enter into such obligations and arrangements as those shown to have been entered into in advance by this trustee, would ve removed by any COURT OF EQUITY. The interests of tue non-signing creditors are deliberately sacrificed by the arraugemenis entered into, Under them the trnstee has obligated himself to use the estate to reimburse to himself his advances and to pay nis compensation of $12,500, aud to turn over the rest to the bankrupts, ‘The money put ito the hands of the assignee it is expressly agreed shail be used to pay the creditors who sign, No others can recelve the nineteen percent. ‘Those who have not Signed appeal to the Court not to sanction such & proceeding, The proposed trustee resides in Phila- delphia, and if whe estate snould pass into his hands he would hold 1. without having given security, and free from the control of any committee or of tuls Court. The application to confirm the resolution is denied, With costs to the opposing creditors, to be paid by the assignee out of tie estate. EXTENSIVE LAROBNY OF JEWELRY, A Fifth Avenue Resident Rodded of $2,500 Worth of Diamonds and Jewelry. On Tuesday of last week @ sneak thief enterea the private residence of Clareace Ogden, 239 Filth avenue, and, making his way to Mra. Ogden’s bed- room, look awaya chamois bag contaming dia monds and jewelry valued at $2,500, Suspicion fell upon a visitor at the house named E. Giro, who was boarding at the St. George, in company with his cousin, Salvador Piesas. Giro, learning the officers were on his track, paced the bag in his cousin’s pburean drawer and lett ior Phil delpiia. Upon arriving in that city ne was ar- rested for a grand larceny previously committed there, and is at present held there awaiting trial. Un the vist last. Presas found the bag in his drawer, and, not examining its contents, deposited it with Pavio Battle, a restaurant Keeper on Fourth avenue, for safe keeping, Presas states he calied on the tole lowing day for the bag, but Battle refused to give it to him, stating ne intended returning the property to Mrs, Ogden herself, Battle was summoned belore dustice Cox, at Jefferson Market, yesterday morn- ing, and upon complaint of Presas, charging hun with stealing the goods, was held to bail in the sum 1 $2,000 to appear Jor eXauiination to-morrow. He denied the charge. VIOTIMIZING THE UNWARY. At the Yorkville Police Vourt yesterday Radolph Kunier, alias Charles Wilson, who had been re- manded on a charge of having swindled Mra, Lam- brecnt, mother of the late detective, was again a raigned and fully committed for triat. Since his arrest other complainants have turned up against him, whose testimony goes 10 s)ow that he has been making a regular practice of swind!tug people for some ime past. Another of nis victims 18 Mrs, Kelso, of the corner of Sixty-seventn street and Madison avenue, [rom whom, it 18 alleged, he obtained & sum Of money on a taise check, purport. ing to have been signed by & Mr. Steluway. ‘The accased algo attemptel to pass one of nis false caecks On Mrs, Shepherd Knapp, of 120 East six- Uetn street, but that lady Was shrewd enough not tu be caught “napping.” Otner complainants are expected to come forward before the prisouer will be put on lis trial, OBSCENE LITSRATURE “DSALERS PINED. Bartimorr, Md, Match 28, 1872, Juage Gilmore, ofthe Uriminal Court, on Wednes- day imposed fines of $200 each upon W. fC. Har- Tison, David Abercrombie, Joon Abercrombie ana Edward 1. Nicholson, who were convicied ui selling Obscene newspapers. ‘The cases will be taken to due Application Made in the Court of Oyer and Ter- miner to Admit Hays to Bail Denied— The Caso Sent to tha Gene- ral Sessions for Trial. Juage Cardozo took nis seas on the bench of the Court of Oyer and Terminer shortly after eleven O'clock yesterday morning. A few Seventh ward politicians had taken seats in the court room and evidenily were tuterested In someting whica was vo Come before the Cuurt, Their anxiety was soon set at rest, for District Attorney Garvin prompuly arrived on the seene, looking as solemn as he usually does When anytiiag importaut is on nand. It soon became known that a motion wasto be made by the counsel tor Michael Hays, who 1s charged with the murder of Peter O'Donnell, at the corner of Water and Roosevelt streets on the night Of the 17th of May, in ue year 1857, Hays was ar- rested on last paturday evening, and the story of tue murder was retold at great leagth in last Sunday’s HERALD, It was stated tuat Delectives Dusenberry and Eldridge, of headquarters, captured their man ater much diteuity and an exciting chase, It was lao stated tat Hays nad only been tree weeks mn this clty from California. If what bis iriends say and what his counsel sald in open court be true, the story of bis hard life in Calsfornta, his return to this city three weeks ago, and THE “EXCITING CHASE” after Hays for days by the detectives, requires modt- fication. Judge Garvin handed in the aMdavit upon which the todictment for murder had been found by the Grand Jury against Hays. He nad been indicted by @ Grand Jury in 1867, but the papers in the case were misiaid, or, a3 13 said by some of O’Donnell’s friends, $3,000 was paid TO MANIPULATE THESE DOCUMENTS, and it was necessary that he should be indicted again, W. F. Howe, counsel for the prisoner, said that he had a motion to make im the case—namely, that Havs should be admitted to ball, As tne indict- ment jound against him, however, by the Grand Jury Was for wiful murder, he ouly made that mo- uon as a mere jormality, Kuowing that His Honor would not accerle to it, He made it as preparatory to another. question, however—unamely, that the case sbouid be tried immediately. Judge Cardozo—ls your client in Court, sir? Counsel—No, Your Honor, he 13, not itis not necessary that he shouid be Nere in & motion to vail. Judge Cariozo—Yes, it ts necessary that he should be here when auy motion atiecung him is made, What tf I shouid deny ine motion ? Counsel—I wourd not take advantage of that, sir; and | now guarantee to Juuge Garvin that if itis de nied I shall raise no point on it, Judge Garvia then consented to waive the pres euce Ol the prisouer, aud Judge Cardozo tolu the counsel to proceed, Mr. Howe—ihe affidavit, Your Honor, upon which this man has been indicted, is made by a inan natned Kochesier, The Homictde was committed inthe Year 1867. Tus wan has beed tn this city iour years, doing business respectably as a trader, in Henry street. Yet it was vuly oa the 5th of March iast, a Jew days ago, that this ailidavit was made by Rochester. Now, | will show that that aMdavit was made through sheer revenge, for being e+ Tused & suum of money, by this blackmaiier, Rochester, I will prove that Rochester went to Hays and demanded of him a sum of Money lately, Hays ce.used, and Hochester forth- with went and made this aiidavit, Now, Judge Garvin will bear me out that when J was informed Of that I brougut the prisoner myself to the District Attorney’s ofice and asked him if there was any indictment against Hays by the Grand Jury. uf course I did not suppose he would teil me, and [ added, “Hays himseii is now OUTSIDE LN YOUR OFFICE, and if yon have a warrant tor bim you can arrest him.” “At the very most, tis crime 13 manslaagn- terin the third degree. The very afMidavit uself speaks of ascuille. days is ready to go on with IMs trai, and it ts only fair Lo bim that no time should be lost. He 18 aoing business here, and his impris- Onimeat is @ great loss to nim, Xhe second part of my motion ia that tne trial proceed immediately. Judge Cardozo—What do you say to tne second part of counsel’s motion. Mr, District Attoroey ? ‘Lhe District Attorney said that ne must have time to prepare lor the prosecution. Judge Cardozo—If the case be tried in this Court it cannot be tried before tue May term. I will send the case to the sessions if you choose, where it can be tried after the District Attorney has a reasonable tune to prepare, Disirict Attoruey—All | want 1s @ reasonable time, Connsel —1t the case be sant to tne dessions I can- not reaew my motion at another ume it you should deny it, Your Honor, Judge Curdozo—1 deny the motion to admit the prisoner to dail, and f will send the case to the Ses. With @ memorandum vn the order that the is Sent without prejudice to @ renewal of the Motlou to admit to oat] at another phase ol tne case, Friends of the prisoner who were in Court say that he has been 1 New York tor twelve years, He was visited at the tombs Wednesday afternoon by & large number of Seventh waruers, Lewis Koches- ter, who made the affidavit upon which the indlct- ment was found by the Grand Jury against Hays, is married toa sister of the deceased. NEW YORK CITY, Dr. Mortz, the particulars of whose arrest for not reporung @ case oO smallpox appeared in tne HERALD of Wednesday, has waived an examination before a police justice, and his case has been sent direct to the Vourt oi General Sessions, Farrell Moghan, @ man fifty-four years of age, wito had been committed to the Workhouse, Black- well’s Isiand, by Commisstoner Brennan on Tuesday last, died on Wednesday night. Coroner Young was noted to hod au Inquest over the remains, Coroner Keenan was yesterday calied to 304 East Eighth street to hold an inquest on the body of George William Barber, @ chilu of one year old, whose death was the result of scalda accidentally receive by puiling @ basin of hot water (rom the tabie aud spilling it On his ueck aod shoulders, George H. Rose, of 43 Vandam street, appeared before Justice Cox at the Jefferson Market Police Court yesierday alternoon and complained that on the 19th inst. Tryon T. J. Jewett took from his hand an accepted draft tor $107 60 and refused to return it, Jewett denied the charge, but was held to pail in the sum of $5vu to appear for trial. Hermann Yager, the proprietor of the Fourth Ward Hotel, in Catharine slip, Whoshot bis wife on Wednesday night while intoxicated and in a fit of jealousy, waa arraignea before Judge Scott at x Market Court yesterday. Mrs. Yager 13 lying dangerously ill from whe wounds receive, and Her. mann Was held to await the result ol her Injuries, Captain Kennedy, of the Sixth precinct, reported to Coroner Keenan that Patrick Flood, forty-five years of age and bora to Ireland, who had been ina continuous state of intoxication for a long time past, had died at 45 Baxter street, On St. vatrick’s Day deceased fell dowa wile drank and cut lus head, the wound not haviug healed up to the time of nis deati. Patrick Rooney, a resident of Staten Island, while sojourning in (ms city on Wednesday night, became somewhat eievated froin drink, Yesteroay morning he found himseli at the foot of Fiity-seventa streei, past River, and but for the tmely intervention of an oilicer of the Ninetecnta precinct be would have drowned himself in the river. He was taken to the Yorkville Police Court and commitied for a tew days. Ayoung man named Thomas McGrath was yes- terday arrested, charged with siealing from the apartments of Herman Evans, of Seventy-fourih street and First avenue, ® quantity of silver and a old ring. He was afraigned at the Yorkville olice Court, Where Mr. Vans vestified to the tact that altbough nis front room was locked, the accused got into It and took the property mentioned there from. McGrath was lela tor trial, The Liberal Republican Contral Committee held an adjourned tneetung last evening at 385 Bowery, Rovert T. Adams in tne chair, and J. M, Gray Secre- tary. Alter the minutes of tne former meeting were read and adopted ine special committee on organizauon reported that General Merritt and General Walker hud come into the movement, and were Working inauscriously in tue interior of the State, A resolution denoaucing President Graut aud calling on ali republicans simiariy minced to send their names to the Secretary was aiso adopted. Alter appomttng @ committee of three to make a rangements lor & mass meviing In Cooper Institute the meeting adjourned, WHAT DOES THIS MEAN? Yesterday aiternoon a young woman o! respect- able appearance presented herself before Justice Coulter, at tne Yorkville Police Court, and said she had come in answer to a ‘summons’ issued by ‘Tim and wished to know what the cuarge against her was. She was taken tate the Magistrate's prt- vate room, iuto whica none ure adimilied except priviteged persons, were she was couironted (80 Ib Js satd) oy anotuer lady, arrayed in costly siiks, wad vn some Charge made at lady & commitment ‘Was made out by one OL lawyers 0: the Court, who appeared lor the prosecution, aud tue youog Examination at Jefferson Market Yesterday+ Did a Brooklyn Minister Lose All His tion of Woodward? The examination in tne case of William Heatn, the Wall street broker, was continued before Jus uce Ledwith, at the Jefferson Market Police Court, yesterday aiternoon, Mr. Woodward, the last wit- ness on the stand, was further examined by As sistant District Attorney Suilivan as foliows:—When 1 was before the referee | testified there was some dissatisfaction abuvut adding 1),v00 shares to the pool; I was also asked if tere were any suspicioas on the part of Waite and myself In refereace to the: adding of any more stock to the pool, and answered in the affirmative, Redirect by Mr. J, D. Yownsend and Devine—? have conversed with White aobus the matver since the last meeting; have looked at the steaographer’s minutes of my testimony, Mr. Towasend here an- nounced ihat he proposed to usk the witness Lhe foliowing questions put to him belore the réferee in. the civil suit, Tae answers are tae Ones given by the witness at the ins: — Q. Do you remeimper that, in the spring of 1870, you went upon a Sunday school picnic or celebra- tion? A, Yes, sir, Q. Did you not, at the time you went on that Sunday school picuic, own a very large amount of Uhio and Mississippi vonds or stock? A, Yes, sir. Q On the day you were on that picnic was nota large amount of that stock sold in the sireet? A. think so. Q. Did Mr. White not sell n? A, I don’t know. Q. Did you not hear so? A. I heard 80; yes, Q Did you not furnish the stock, or some part off it, that Mr. White delivered on some part of these sales? A, I don’t know but what I did. Q And now muen aid you furnish of that stock , that Mr. Wale delivered? A. Not a great deal, Q What do you mean by nota great deal? A. FE shail decline to answer any more questions, Reteree—vut you proiessed your willingness to answer, Witness—Yes, I did, on another part of it. Mr, Blair—L{ he goes into this transacuon he has @ right to nave all tue Lacts come out mr. Smun—hat | agree to, Q. How much vt that stock did you farnish to Mr. White for delivery? A, Il shail decune answering any more questious 04 Liat subjects Q. 1 wilt ask you whether Marvin & Co, did not on that same suniiay scnvol day seul that Stock? A, Weill, | shall dec.ime ausweriug any more questions. Q. Was Marfin at taut ume your broker? A. L shuli decline auswering aby more questivas on bnaG sunect. ‘ae 1 wil ask you whetuer Samuel M. Mills, a broker in Wall street, did not on tue same day sell tat stock short? A, Linake Wwe sume answer as the Last, Q. twill ask you whether you did not furnish Marvin (uat slock Wich inay sod short on thas Sunday schvol duy, or some part ol iby A, 1 snail make the same auswer, Q@ Did you not turnish to Samuel M. Mil's the BLOCK, or Some part Of Lhe stock (aut they -old oo that Sunday scusol aay ior deiveryy A. 1 small make the same answer, Q, Had you not advised @ Mr. Lounsberry, who resides 10 Brooklyn, belure Liat Suuday scnool day lo buy tuat sock? A. 1 make (ue Same Baswer, Q Didu't Mr. Louusverry come to you va tue re- tura of Lie Sunday scivol excursion that afternoon AU Lue poOat, ANd IM a state of excitement tell you Luat they Dad Leen selllug the stock guoré on that day—alr. Waite and otuers/ A. f make the same wuswer, Q And did you not tell him that you had not sola Qsuarey A, [shall make the same auswer. ( And cid you not tell him them not to sell? A, Tshall make tue same answer, «, bidw’t you teil olin then to hold on tothe stock tuat Lé had bought on your advice that same afternvon? A, 1 suai ake tue same auswer, Q tar you Nol, previous Lo tual Studay school day, recommended @ Certain clergyman in Brook. lyn'to ouy that slock ¢ A. 1 shall make the same answer, q Aud didn’t that clergymon lose all be put into that s(OCK in COlsequence Of Lie 181 caused Ly Loe saies O2 this DUUday Schoul day’ A, 1 make the same answer, 4. Did you pot advise @ clerk in Jay Cooke & CO,'s office, previous to wat suuday school day, to buy thé stock’ A, ‘The sume answer, Q. Aud did he nol lose & large sum of money Jn Consequence of the Jali caused vy your seiling out tue stovs on tuat day’ A, Lhe same answer, Q. 1 will ask you Whetwer Mr. White Was not in- terested 1b your speculauion ib Olio and MIssissty pL atinartimey A. Lue siue answer, qb wail kK you, Waetuer on that day when White was ing Lue SLOCK saort, Which scock you furnished him aiver vo deuver, Waetoer be Was Dot laterested With you In thay specuiauion? A. The samc answer. Q. Has not this stock, the Ohio and Misstsppi, the name in Wali steel, “>umday Sclovl Sixes,’ rom the trausacuious of that duyy A, ‘the same answer, Q. Have you not heard that you had been charged With iraud iv Wall street in the transac- uous tn the Olio aud Missinsippiy aA, sue sawe auswer. Q. Have you not been called names—opproprious names—growing OU of Ludi Gluo aud AlssIssipplL transaction, 2 ue Board o: Brokers, pubuciy, io your own preseuce’ A, Lie same auswer, Q And when you are so called vy those opprobri- Ous Dawes tu The Board O Beoners do you reseat wy A. The same answer, . Were you not at that time thas you were so calied those opprobrious names tuid that an oppor. tualty Would be allorded you to disprove tae charges tat Were lade ayaiust you? A. Lue same answer. Q Have you not within the past year been en- gayed ia a very large stuck operation in Rock isiaud? (Objecied tu.) A. Toe sume answer, Q. Vid you not oruer & large humver of brokers in Wat street to buy Rock Is.and tor you after you kuew you were imsviveuty A, The sane answer. Q Diun't a large number of brokers, to the amount somewhere of fifteen, so vuy iarge amounts ot Rock Isiaud swwCx, ordered by you, aller you Knew you Were lsvivent, aad were they aot ruined thereby y A. The same auswer, Q. How much do you owe to-day? A, The same answer. q Are you not an insolvent debtor to-day, to the amount of $0,000,000, growing out of this Rock Island operation? A. Lhe same auswer, q Whavamount of property have you settied upon your wiie withta the past three or iour years? A. ‘the same answer. Q What amount have you so settied npon them, or any o1 (heim, duriug the past year—wile and cm- dren; A. fhe saiie abswer. Q Orduriug te past wo years? A, The same answer, Q, Have you not, within the course of the lasttwo or Vuree years, Scluled upon Your Wile and family about the sum of eight huudred thousand dollars? A. The same answer. Q Are you not now living upon the interest of that sum, wile your credivors 1a Wail street, to tie auount of several milion’, go uupaid? A, The same answer. Have you maue, since the speculation in Rock Islund, When s0 many brokers were rumed, any statement of your atfulrs in Wall street? A, Same answer. ‘i Q. Have you pall anything in Wall street to your creditors whom you now owe who lost on that transaction? A. Sume answer, Q. Do you not owe in Wail street a large amount thal resulted i Luose large specuiations¥ A, Same answer. Mr, Saliivan quoted Greenleat on evidence and a decision of Judge Porter 1a tne Court of Appeals, and also Llusirated nis views by quoting @ tie. graphic despatch which be bad observed in a morn- Ing paper, to the elect that a lady tad deciingd to appear in Court in cousequetice of being subjected 10 such exXaminativn, ad (hat tue Judge had sad tothe party eXamining the lady im saeco manuer inat he may fave gained bis case, vut that he would leave the Vourt @0 Object Ol detestatio Mr. townsend said tua, Wane he wou not of his own motion introduce in aby Court an autnority based upon @ newspayer leiegram, le woul) accept Unis cag@ MS CNLITely Carrying OUG lis views of ihe question. it was very evideat tuat the Court had permitted such examination vo be had, ava he unite agreed that such eXamiuation of a woman, carried to the extent stared oy Mr. Sullivan, would certulnly Teceivea condemuation, But tus sympavuy avoided the question, In Woodward's case the matter was diferent, ‘The questions usked of uiu Were directly reievant to the question, alcnough collateral to the wT Townsend cited several cases In support of his position, and argued that We position taken by Mr. Ruilivan’ was tov broad, aud LOL suscitned oy che Opinion of Juage vorter. ‘That the opinton ot Judge Porter was based upol ab appeal wnen the ‘ques- uch raised on the triatt beloW Was Whether tie pris- oper had committed lorgery, and when the question exciuded was whether the Witness had committed adultery. ints Was enurely itrelevant to tue issue Of lorgery, aud could not even remotely aifect his credit H answere J in the alirmat Mr,, Lowaseud cited further au opinion of Judge m in the Coure of Appeals, and a case irom weporis. Judge Ledwith reserved ois dect i. Mr, Marvin, of the firm ov Marvin & Co, brokers, was next caied, and tesuiled to al interview held in their office between Heach, Young aud White, Woodward said to Heath, You will rewovnber welt cach are responsible lor one-third; don’t Know What Heath’s reply Was. Cross-examined—We are stock brokers, dolag a commission busmess; don't know how long t had known Woodward and Wuite prior to the avove conversation; wey had transacuonus with us im Readiug stock, also tu Uhio and Mississippt stock, also in Northwest common preferred; Woodward & Wane have been large operators in our omce— to the extent of miliious Of doliars; on the Loti of Juiy White proposed that he, Hearn andi Woodward hold on to the stock, sell 1t out and bay tt back aba lower figure; lieath said 1t Was a new business lo feation bor oman Was sent doWn Ssuatrs. AN application | the papers im the case was made bo tio Clerk oF the | Court, but he said he contd gr At peed MIVOR Aide him to operate in stocks; Heat accepteu tue pro+ position made by White (0 hold on to the stock. @ case was here adjuurned watll Wednesday next pV Waree Be