The New York Herald Newspaper, April 24, 1872, Page 10

10 LYDIA SHERMAN. ‘Further Evidence Damaging to the Accused. ‘Her Jealousy of Sherman and Her Affec- tion for a Dissolute Husband. . pie Sh ae Evidence of the Victim's Brother, Mother-in-Law and Neighbors—First Symptoms of the Poison Developed in the Street—Tho Admissions of the Prisoner—Talk- ing About Getting a Divorce. New Haven, April 23, 1872, ‘The trial of Mrs. Sherman was resumed at half- past ten this morning, the attendance being not as Jarge as in the early stages of the trial. The prisoner was dressed the same as last week and ‘was aecompanicd by her sister and brother-in-law. After the polling of the jury the prosecution con- tinued the evidence. ‘The first witness called was William 8, Downs, of Derby, who, on being sworn, said:—I knew Horatio N. Sherman; worked with him for fifteen years in Shelton’s tack factory; was working with him (anging a grindstone) on the day he was taken i; we were together until five P. M.; he seemed to be as well as usual, as far asI could see, and I observed nothing unusual in his manner; HE HAD SOME BEER outside the shop, I should judge about two quarts; ft was in the afternoon; the beer wag in @ stone pitcher, and five of us drank from it; I was the last one who drank from the pitcher; there was nothing unusual in the beer, as far as 1 know, as! felt no effects of it; the last of it was drank about four o'clock. OROSS-EXAMINED BY MR. WATROUS. Sherman did not go to dinner that day: I did; he lived within a quarter of a mile.of the shop; 1 was not in company with him while I was at dinner, but I know he was “facing” up the stone, at least I should judge so, as the stone showed that it had been “faced” up; I never saw him alive after five P. M. that day; Sherman had been absent from work some ten days; never before knew him to be off more than a week; during the past few years THOSE SPREKS OF HIS came about once in two or three months. George W. Sherman, brother of the deceased, was sworn—I reside in Brooklyn, N. Y.; I was in brother’s family about nine weeks previous to his @eath, but an interval occurred in those nine weeks; I arrived January 25, 1871, and left February 28; then returned March 13 and remained till April 22; this was the last visit to the house, and he died mext month. Q. What were the relations between prisoner and deceased? A. I knew THEY DID NOT LIVE HAPPILY TOGETHER. Q State particulars. A. They were often angry and hard words were used; on one occasion in the basement, at the table, they had angry words that I do not recollect now, but it was so disagreeable I got up and left as quickly as possible, looking back as I went; I went up stairs; Sherman was then sit- ting at the table and she had risen up; I overheard loud words after I got up stairs. Q@ Who used the loud words? A. I think both; on another occasion, on the 16th April (Sunday), they were talking angrily, and I got up and went into the back yard; they still continued to converse, nd [heard him tell her SHE MIGHT TAKE HER THINGS AND LRAVE, or go; I forget the words; she replied, “Very well.” Q Did they occupy the same room? A. After the 13th March she asked me if I knew they did not ‘occupy the same bed; after that time she gave me to understand in different ways that they did not eccupy the same bed. Q. Did she assign a reason? A. Yea; that she wanted Natie to sleep up stairs and Sherman ‘would not consent, and she preferred to sleep up stairs rather than TO SLEEP THREE IN A BED; nce while she was unwell she sald she lay apee the outside of the bed with her clothes on; that Sherman came in to goto bed; when he saw her there he reached over, got Natie, carried him up stairs and slept there and she down stairs. Q. While you were there who slept_up stairs? A. As I passed down one morning I called at her door stairs and askd her how she felt, as she had been 1k; about that time she complained that my brother did not care enough about her to inquire after her condition. Q. Did she speak of his treatmentofher? A. Yes, she complained a great deal. Q. Did she say it was worse when he was sober ? A. She said, on one occasion, that she would rather have him come home after he had been drinking, as he always saluted her more pleasantly. By Mr. Watrous—Do you mean to say she would SOONER HAVE ITM COME IN DRUNK than sober? A. Yes, that was my impression, By Mr, Wooster—Wat did she say? A. That when he had been drinking he called her ‘Tiddy;” she said he treated her worst when he was soberest ; she and I were once alone in the sitting room,when she said she knew he did not love her, did not re- spect her and was ashamed to be seen on the street with her, Q. State any other remark bearing on the subject. ea when she spoke of him being away, she 8 SHE SUPPOSED HE WAS WITH OTHER WOMEN} we two were then alone in the sitting room; there were other things stated there that indicated their feelings; twice she talked about a divorce; I do not mean to say that she said she would get one; once, at the breakfast table, we talked about what lawyer it was best to secure to get a divorce; the other conversation was in the sitting room, follow- ing the complaints; she said she DID NOT LIKE TO GET A DIVORCE, for fear of what people would say, as she had been told all about it before she married him, Q. Was any conversation had about money? A. Once she spoke of money she gave him before ‘their marriage. Q. State it. A. She said she lent him about eight hundred dollars; that with what she had used in the family it came to about eighteen hundred dol- Jars; another time she spoke of how he disappointed her; that he had promised to go down and get mar- ried on a certain time and had failed to do 80; she then said that she would not have had him at all ifshe had not had so much money; this was in the sitting room; for about a week before I finally left my brother did not speak to her, except when he could not help it, and sometimes he would PASS FOOD TO ALL BUT HER, and * ng her over; this occurred several times that ‘week. Witness here stated, in answer to a question, that his brother joined the Sons of Temperance at the suggestion of Mr. Hubbard, and that the risoner acquiesced; I arrived the day after his jeath; she said, speaking of the early part of the sickness, that he came home from work, ate some fish she had warmed up, drank some chocolate—one cup, but did not drink as much as ‘usual; that after supper he entered the yard, took g@ smoke, and on returning to the door asked should gather some spinnach; she remar she had never before seen him so pleasant, and he had been s0 ever since he got back; later, he en- tered the sitting room, dropped his head in his hands, and remarked :— “| DON’T KNOW WHAT MAKES ME PEEL SO FUN: he then went out in the yard, she said, and vomited ; went out, repeated it, and again came in, remarking that he had got rid of his dinner, and supper too. Did she say anything about tea? A. Yes, t thinking a strong cup of tea was good for him s made it and gave it to him. Q. Did you hear any talk about arsenic? A. Yes, nce near the cellar door I heard him ask her “WHERE IS THE ARS the prisoner replied, “I took it and have taken care of it; they were then conversing about rats. Wit- nes detailed the circumstances attending the search for the arsenic, and in the main confirmed the evi- dence of his nephew, Nelson Sherman. He, how- ever, did not recall the language said by Nelson to have been used by Sherman and the prisoner on the occasion when the arsenic disappeared. Cross-examination—I do not know what was the cause of the disagreement between Sherman and the prisoner; the prisoner sometimes went to church, but deceased did not; butI do not know that this was the cause of their estrangement; with the exception of the quarrels Ido_not know that I kaw anything very wrong with Mrs. Sherman; I don’t consider that SHE ACTED VERY BAD TOWARDS HIM AS A WIFE; I never said to Mrs. Hubbard that she was a jewel of a woman and not half appreciated there; I may have said that there few women who would come there and do what she had done for the family. After an hour's recess the cross-examination of George W. Sherman was continued. He contra- dicted in some particulars the evidence of his Dephew, Horatio N. Sherman, Jr. (Nelly), a8 to Where he slept and with whom; [never learned Mat the reason why Matie w to sleep with his his brother (Ni « brought down stairs ‘ents was owing Uo the fact that with whom he slept, was out Jate at night; never recommended prisoner to aa, GET A DIVOROE, ever conver with Mr. Hubbard about a divorce; I never told the latter that 1 had recom- Maended the prisoner to get a divorce; Lamon my oath and have a distinct ever, have spoken well joine volition, pn exaiple recollecti of th the temperance organ Imay, how- pemone to her; I ion of my own d nol because she Wished me to do it ax Jr MY LTOPAGT Khe Expressed a denige WEW YORK HERLAD, WEDNESDAY, APRIL 24, 1872—QUADRUPLE SHEET. \ chat the lodge x! don’t know who gave him money to tiation fees of Sherman; from what ner told me I was led to believe that she gave him but one cup of tea during his Illness ; she said nothing about the doctor prescribing tea for the patient; I may have said to Mrs. Hubbard that it was wrong for Lydia to give my nephew so much money, but I donot recollect of having said 80; prisoner me she was in the habit of giving him money, but I never saw her do it; I certainly felt it was imp) r for her to do so, if! did not express my thoughts; prisoner told me that portions of the body had been taken for purposes Kody iy I went to Dr. Beardsley about it, because I felt indignant that the public should know that course had been pursued and I and his friends kept in ignorance; did not threaten the doctor with prosecution, Orrin Lathrop, of Birmingham, sworn:—Said he had known Sherman for seven years; saw him the night he was first taken, on Main street, Birming- ham, between six and seven P. M.; at that time he was leaning against a tree; I spoke to him as HE WAS:VERY PALE; I inquired what was the matter, and he replied that he was sick at the stomach, and would go home; we then separated, and I did not see him again until I called to watch with the corpse; when [left him he had not yet started for home, and do not know whether he had vomited any up to that time. Witness was not cross-examined. Mrs. Mary Jones, mother of Sherman’s first wife, sworn :—I reside in Abington, Mass.; from the 28th Tune, 1863, to 22d December, 1870, 1 was an inmate of My son’s family; in December, 1870, I went to Boonton, N. J., where I had reviously resided; I returned again; on the 30th December, 1870, I re- ceived a telegram saying hter was very ill and to come at once; arrived in Birmingham next day; remained one week and two days; the daughter was dead when I arrived; I received a telegram on the evening of 12th May,§1871, saying Sherman was dead; arrived on the 18th and re- mained until June 6, Q. What were his habits? A. He was a man who occasionally made A BAD USE OF LIQUOR; sometimes for months he would not taste a drop; then, again, it would not be as long; a good many times he went over a od without it; I never knew him to be sick while I was in his family or any other time, except when he had been away from home; when he would return he would vomit sometimes, and after taking a cup of tea or coffee he would be around again; when sick he was under my care; never knew him to be sick after one night’s rest and sleep—t. e., while I had the care of him; his first wife died De- cember 2, 1869, and he was married to the prisoner September 15, 1870—so I was informed by them; prisoner was at Sherman’s house before her mar- riage for three or four weeks. Q. What were their relations to each other when you were there? A. Kind to one another in my presence. Q. Were there any angry words? A. I have often heard them IN ANGRY ALTERCATION IN THEIR ROOM, Q. How many times? A. Can’t state; quite a good many, however, Q. What was the difference? A. I know not, nor never tried to know; Inever but once heard the Janguage distinctly; then I heard him say, “LYDIA, IF YOU ARE DISSATISFIED you may take what you have here and leave; I did not wait to hear more, and hurried down stairs so I would not hear more; during the obsequies of Ada, or rather after, on Saturday evening, before was to leave, had wor! to do in_ the basement; but Mrs. Sherman and the prisoner were in the sitting room, the former sleeping on the sofa and Lydia sitting by the stove;I passed out, clos- ing the door, and entered the basement; heard Sherman pass the basement windows; he came into the basement, having just returned from mar- ket, and said, “Mother, I wish you would remain with us all winter.”’ I objected, on the ground that Thad not got my wearing apparel; he offered to send for my trunks, but I again objected, when he said he wished would, as HE FEARED LITTLE NATIE WOULD BE TAKEN SICK, the same as Ada was; I told him there was no fear, and, if he was, prisoner would take as good care of him as I could; at that moment prisoner bounced into the room; she flew up to him and accused him of finding fault to me about her not taking poot care of his family; she said if he was disssatis- fied she would leave the house that evening; I asked her to be quiet, and assured her he had never complained about her so me; she said she Holy better, for she had heard every word he had said. Q. What was her manner? A. I should say she was very angry; dont know I ever saw a person more 80; he then went up stairs and she followed after him On croas-examination the defence, to show that the prisoner on leaving Birmingham for Jersey, where she was arrested, intended to return, drew from Mrs. Jones the fact that after Sherman's fune- ral she asked the landlord to be permitted to retain the lease of the house, and intimated that she in- tended to open a boarding house. The crossexamination of the medical witnesses having been calculated to tmply that death was the result of bismuth, prescribed by Dr. Pinney, Dr. Beardsley was recalled by the State and stated that the prescription was—bismuth, five grains, and Dy dro cynaic acid, two drops; that Sherman took only two doses, and could not have been affected by it, as itis harmless, If-he had taken the whole pre- pete at one dose it would not have caused jeath. Here the prosecution rested their case, having certainly established a very strong chain of circum- stantial evidence against the accused. The defence will open their side at half-past nine A. M. to-morrow. The court room was densely packed this after- noon’by ladies, ¢lergy, judges and merchants of the city and State, including Mr. Habbard, late candi- date for Governor, and the Mayor of Hartford. HOUSE OF THE EVANGELISTS. Anniversary Mecting Last Evening at the Church of the Holy Trinity. The second anniversary of the House of the Evan- gelists and its Night College for Christian Workers was held last evening at the Church of the Holy ‘Trinity, Madison avenue and Forty-second street. The edifice was filled with a large and select audience from nearly all the evan- gelical churehes in the city. After the singing of a couple of hymns and a long and impressive prayer, Rev. Stephen H. Tyng, Jr., president of the institution, gave a detailed ac- count of its workings for the past year. He said that it became apparent to him that in all the large cities there were vast multitudes of people among the middle and lower classes whom the Church of God did not and would not reach through any oo it had hitherto employer. That these the Church had ina large measure overlooked in its endeavors to provide for the better class of society, and there was something omi- nous, if not appalling, in the statistics relating to the snbject. The great object of the in- stitution was, then, the spreading of a common Christianity and the evangelization of the masses, He wanted young blood, young men, willing to give their lives to Christ and the neglected, and called on all interested in the fature of the nation to push on the good work, Congratulatory and exhortive addresses were then delivered by Right Rev. Thomas M. Clark, D. D., of Rhode Island; Rev. William M. Taylor and Rey. William Ormiston, D. D., after which a large collection was taken for the building fund of the in- stitution, WOMEN IN THE PULPITS, Brooklyn Presbytery Protests Against Women Preaching. At a meeting of the Brooklyn Presbytery, the Rey. Drs. Lee, T. 8. Brown, J. G. Butler and others of the committee to submit an overture to the General Assembly relative to and against woman preaching, reported, as prepared by Dr. Lee and read by Dr. Brown, the following overture to the General Assembly about WOMAN PREACHING. Whereas, It has come to the knowledge of this Pres- bytery that women have been recently preaching or teaching in some of the pulpits of the Presbyterian churches; and, whereas, no constitutional rule prohibit ct or practice has ever been adopted or pry upon our churches, though the The Assembly of 18, in a letter to the ministers and churches mnder their care, wrote :~"To teach and exhort, or to lead in prayer in public promiscuous assemblies, is clearly forbidden to woman in the Holy Oracles; therefore, Resolved, That this Presbytery respectfully and ear: nestly request the General Assenibly to adopt, and to sub- mit to all the Presbyteries for their approval, such rules | as shall oblige all churches under their care not to license of ordain women to the Gospel ministry, and not to allow any woman to teach or preach in out pulpits or in the | public and pre tings of the chureh of Christ. And we di - for the following reasons :— i The function of woman is not to govern officially. | She isto be a direct helper, never a principal, in the Church of Christ. She is a helpmeet for man.” 2. Woman's function ix not to teach officially. The | prophets and writers and church instructors of the Bible | were all men. T were no female apostles, presb | angelists, pastors or teachers. ere were No | males among the seventy sent out by our Lord. | eno female bishops, And the “angels” of the churches 1 men. overnment and teaching are inseparable in the ininisiry® and both of these functions are pro- to woman. 4. God has made woman subject to her husband, and “he shall rule over her.” This position of woman, 7 Divine decree, is absolutely irreconcilable with. th gatives and finctions of the holy ministry. If not, then the authority of the husband is above that of the pastor. 6, There is no instance in the Old Testament of the anointing of a woman to the of the ordinary functions, instance gn record there of an eve " fs no instance gn record there of any woman ever having 6 The Gospel commission from the lips of Christ Him self to the whole New Testament ministry isto men, and to.men alone. 7. The proof the subordinate and auxiliary relation of woman as found in the writings of Moses and Paul 9 The express prohibition—for reasons universal and permanent, of the inspired Apostle as in Corinthians, xiv., 4 and 8, and Second Timothy, li., 9 to 12 inclusive The Aled fad adopted this overture to the Gen- eral Assembly by a vote of only five in the negative to the whole body of preachers and elders present in the aMiruative. SUICIDE OF A CHUROH SEXTON. Patrick Donaldson, of Oyster Bay, was coachman for Mr. Jobnson and sexton of the Catholic church. He attended to bis duties on Sunday. In the even- ing ne oe ae epee on ee 4 esterday dead wi und floati bay. It is believed that he committed 5 bat no cause is known why he should do so. prophetic office, nor ns of the Ancient ere THE PASSOVER. Congregation Ahavath Chesed—The Voice of Religion Answering to the Voice of Nature—Sermon by Rev. Dr. Huebsch. The new and beautiful synagogue on Lexington avenue and Fifty-fifth street was well filled yester- day with'a worshipping congregation, who had the evening before met there also to introduce with ap- propriate ceremonies the Passover festival. The congregation belongs to the advance reform party, and under the able ministry of Rey. Dr. Huebsch it has made great progress in these later years, The Doctor has prepared a ne’ prayer book, which was used yesterday, and from which everything superfluously orthodox has been eliminated. The reverend doctor delivered an able and eloquent discourse yesterday upon the Passover festival and the suggestions of nature which it brings with it. His text was Psalm exvill., 5, which was specially appropriate for the congregation, coming from their cramped quarters in avenue C and Fourth street to a large and wealthy place such as they now occupy—"I called upon the Lord in distress; the Lord answered me and set me in a place of enlargement.” The Pass- over comes, he said, at the period of nature’s tran- sition from winter to spring. It is the festival which commemorates Israel’s release from the moral and physical bondage of Egypt, as the earth is released from the icy bondage of winter. This festival is a festival of nature. It has been always connected with ihe outer world when changes have been going on. But while we cannot overlook the changes of the season, we must not forget the eternal part in us which responds to those changes and transitions of nature. In the fall we see the decay of nature, WINTER, LIKE A MIGHTY TYRANT, follows, and rests not till he has torn the crown and the plume from nature’s brow and trampled it under his feet. We saw this and we felt sad.” We saw also how nature’s children, the trees and plants and flowers, faded one by one, and nature herself bent down as it were to die and out of the snowy flecks of winter God himself wove for her the garments of the grave. Thoughts of death filled our minds, and the shortening days and lengthening nights reminded us of the coming night which shall shroud us, like the pall of winter, in obscurity, But suddenly we see @ movement in nature! What does it mean? The bondage of winter gives place to the new life of spring. The grass blade peeps forth from its tiny chamber and looks cu- riously around, as if in doubt whether winter had passed. The little buds on tree and flower softly ope their tender eyes and peer forth to see whether spring has indeed returned ; and soon the earth and the alrare made vocal with the voice of nature,which seems to say, “I shall not a's: but live and prociahm the goodness of the Lo.” Out of anguish and distress, says the Psalmist, I called unto the Lord, and he heard me in enlargement. How speaks this new-found life to our hearts? asked the preacher, Life is joy. The weak and the sickly say that life is joyous as they feel the change in their own natures which the inhalation of the balmy air of sprin; brings with it, and they are ready to declare that when they called upon God out of anguish He heard them in enlargement. Tremblingly we said in win- ter time, Alas how many ofour brothers and sisters will sleep under the snow till the sweet spring time returns! But our regrets are hushed, our fears quieted and our sorrows eased with the consolation which comes with this season and with this festival; and we are encouraged with the thought that many who have gone to their far off home beyond the snowy regions of winter have found AN ETERNAL SPRING. They called upon God out of anguish and He heard them in enlargement. Here is the great altar of Nature which the Eter- nal has erected and before which man bows down and acknowledges the grace of God. But there is no charm in nature so long as that little world of home and domestic life, where our hearts are 80 deeply rooted, does not reflect the joy of spring. There can be no spring fora man in whose home winter always holds its cold and icy sway, When the messenger of the Lord announced to the Israclites in Egypt that He remembered them, heard their groaning and saw their afflictions and was about to bring them help, they promptly re- plied, “And our houses He Will deliver also.” ‘And they bowed down and worshipped the Lord. The first fruits of freedom grow and ripen in the household where man is_ sur- ronded by his offspring—the joy of his resent and the hope of his future life. No greater | Decker, joy can come to a parental heart than that which springs from a consciousness that a generation is educated by them for God and for freedom. But even here cold and icy reason steps in and mocks the foolish heart that boasts of domestic freedom while yet it is held in the most abject slavery. What is it that compels us to strive and struggle in the rate of life, ever fearing and never satisfied, anxious lest poverty shall come as an evil guest and want like an armed man take possession of our homes ¢ And why do we allow those fears to under- mine all our joys and household pleasures? Love—love of home, love of offspring, love of _ country, love of God and of heaven! It is this which converts our sweat drops into pearls, and makes of our brain a gold mine and of our heart a bazaar for the display of all the affections and sympathies and loving kindnesses which are begotten and nourished in the household. Religion teaches us, our Passover teaches us, that TRUST IN GOD 13 THE ONLY CAPITAL ely to insure comfort and happiness in all our jouses, The evening before the Israelites left Egypt and were made a free people they sat at the festive table surrounded with all the comforts of home, such as they could obtain; but when they left they had nothing but unleavened bread which God ordained they should eat annually, from generation to generation, that they ever remember that man doth not live by bread alone, Later generations put the unleavened bread under the table as the bread of misery, and invite the hungry to eat thereof, and, with them, to celebrate the Passover, But there is no liberality displayed in inviting the poor to eat the bread of misery on this day, That is their portion all the year round, But it is also the bread of consolation, and is designed to show that unleavened bread with freedom is far better than the choicest fruits and viands with bondage. This call of nature speaks to Isracl again of the unity of our faith and of the hope and consolation which it inspires, With this faith our fathers never ceased to hope, because they saw that nature's winter was always followed by spring, and they saw in this a hope of deliverance for themselves, and thus their faith was strengthened. We should imi- tate nature in our lives, and every new season should bring forth in us new fruits of righteous- ness. The foundations of religion are always the same, but on them the Spirit works incessantly, according to the season. We cannot relish the fruits of bygone seasons which have neither taste nor juiceness, aud we should not offer to the Lord the old fruits of our life which have no flavor or beauty in them, We should bear fruit in our sea- sons, according to our conditions and surroundings. | The Doctor then offered a few remarks of special applicability to his own congregation, whom God had heard in enlargement. He urged them to be unwearied in their efforts to honor God and religion and to do good to their fellow men, and closed with an announcement that once a month hereafter he will preach a sermon in English to the young. His sermons hitherto, including that whose substance is herewith given, have been preached in German. ~ All the synagogues observe this feast very striftly. During the seven days of its continuance the Jews are prohibited from eating any leavened bread nor having it in their houses, There is no event so strictly enforced in the holy Scriptures as THE PASSOVER AND THE SABBATH. It was to be a perpetual memgyial of their na- | tional as well as of their spiritual Mnity. And pro- vision is made in the Bible for keeping this festival in “their settlements,” when they should not have a temple in Jerusalem nor be able to repair thither if they had. And, accordingly, to this day wher- ever Jews are located the sight of the Passover cake, while it reminds them of their origin, their eventful history and high ultimate destiny, is at the same time an imperishable record of their un- altered nationality and the fullest evidence to themselves and those among whom they dwell that the same Omnipotent and Omniscent Being who, 3,500 years ago, instituted and predicted the unalterable duration of this observance, did miraculously relieve their fathers from bondage and revealed to them His laws, statutes and com- mandments, and selected them as his instruments to make known His benificent purposes and glori- ous truths to all mankind. And thus Gentile as well as Jew havea share in this Passover Festival, and in the blessings which with it have come down along the ages to all mankind. COLORED METHODIST CONFERENCE, The African Methodist Zion Connection Confer- ence resumed its session yesterday morning | Bishop Clinton in the chair. Messrs. . Thomas Kennedy, Robinson and several others ad- dressed the assemblage on the “Toussaint L’Over- ture College.” Some members opposed the system of mixed schools and advocated the building of a college for colored children especially, but the majority of the speakers condemned such narrow- mindedness, and the discussion was brought to a close by the adoption of a resolution that the Con- ference not only endorse the acta of the trustees of the college, but give the project its earnest and cordial support. The following was unanimously adopted: Whereas it becomes the duty of the Church to, take high grounds on the side of virtue, and publicly and pri- vaicly attack sin of every description; among the many evils une which we’ are called on to fight are rum, ath breaking and policy playing, which bring pover= , dishonesty, Wretehedness and misery among or poo Res salved. Tint. f solved, at wo, as ministers of Chri e gffort in our power to destroy thie groat esti and anive fe from ir jst by preaching, advising and every other moans our power, Aftor the disposition of some unim: it tore the ‘ediourned. portant mat- THE COURTS. Violation of the Revenue Law—Alleged Smug- gling—Action for False Imprisonment— Business of the General Sessions. UNITED STATES COMMISSIONER'S COURT. Alleged Violation of the Revenue Law. Before Commissioner Shields. The United States vs. William Kraemer.—The de- fendant, who is proprietor of the Atlantic Gar- den, in the Bowery, was charged with compounding liquors without payment of the license, It was in- timated that the defendant would be held to await the action of the Grand Jury. His counsel said he would take the proceedings before the Court on certiorari, on the ground that although Kraemer compounded the liquors in large quantities, it was done aap for the pur} of retailing the liquors over the defendant’s bar, and that the offence, therefore, did not come within the provision of the statute, and that he was not amenable. Subse- quently a motion was made to dismiss the.com- plaint, but this was denied, and defendant's coun- sel, with the consent of the District Attorney, may reopen the case for the purpose of giving further testimony. Alleged Smuggling of Cigars. The United States vs. Manuel Viadero.—The de- fendant, who is the alleged owner of 8,000 cigars stated to have been smuggled, and which were found in the possession of Ramon Lopez in a car- riage in Division street on the night of the 7th inst., waived an examination and was held to await the action of the Grand Jury. Alleged Tegal Removal of Cigars. ‘The United States vs. Joseph Carno.—The de- fendant was held for examination ona charge of removing cigars from his place of business without having them properly stamped, SUPREME COURT—TRIAL TERM—PART 2, Damages for False Imprisonment. Before Judge Brady. John Rowat vs. Stephen Shott.—In November, 1868, the plaintiff, after partaking of an oyster stew in the defendant's saloon, offered a $10 bill in pay- ment. The bill was alleged to be counterfeit, and adisturbance arose, upon which he was arrested and locked up for the night in a station house, Sub- sequently he was taken before a United States Commissioner on @ charge of an attempt to pass counterfeit money. This suit was brought for false imprisonment, and damages laid at $6,000. The jury brought in a verdict of $1,500 for plaintiff. By Judge Monell 1. Cronin vs. Moss, Receiver of Eighth National Bank.—Order granted, Ritter vs, Phillips.—Motion granted, Unger vs. Michinfelder.—Order granted, By Judge Curtis. Harmon vs. Harmon.—Motion granted. The Lippiatt Silver Plate dnd Engraving Com- pany vs. Thomas Lippiatt.—Same, COURT OF COMMON PLEAS—SPECIAL TERM. Decisions. By Judge Loew. Denison vs. Sheehan.—Motion to open default granted on payment of $10 costs. Dunn vs. McCann.—Motion to strike out certain defences as irrelevant and redundant granted. Crasto vs. Fry.—Motion to place cause on special calendar for short causes granted, Leslie vs. Kramer.—See memorandum for coun- sel. Miner vs. Jones—Same. COURT OF GENERAL SESSIONS. The Alleged Fifteen Year Old Murder Case—Motion by Mr. Howe to Bail Hayes Granted by Judge Bedford. Before City Judge Gunning S. Bedford, At the opening of the Court yesterday Mr. Howe said :—Your Honor will permit me to remind you of the announcement that you made in reference to the case of Hayes, indicted for homicide. I desire again to call your attention to the fact that this complainant, Rochester, had been living for four years immediately prior to the finding of this in- dictment next door to Hayes, and was a daily asso- clate of his, and that it was not until Koches- ter attempted to blackmail him and he resisted that this complaint was preferred. Your Honor will never permit the enginery of the Court to be put in motion to ce the machinations of a blackmailer. Hayes is entitled to bail in the very lowest amount that can be named, either in $500 or 000, Judge Bedford said:—I have considered all the circumstances surrounding this alleged homicide, and after a careful consideration I have concluded to bail Hayes, I shall fix the amount at the sum of $3,000, believing that that will be a sufjcient guar- antee for his appearance. Mr. Howe—I thank Your Honor for that decision. In the course of the day the bail was given, Messrs. Thomas Sheils and Richard Walters becom- ing the sureties. An Attempt to Shoot the Janitor of the Metropolitan Bank by the Engincer of the Building—He is Convicted and Remeanded for Sentence. Michael Farmer was arraigned upon an indict- ment charging him with felonious assault and bat- tery. Before the jury were sworn the complainant intimated to Assistant District Attorney Sullivan that he did not want to be too hard upon the de- fendant, and under these circumstances the prose- cuting officer was willing to accept a minor plea, which would have left the punishment in the dis- cretion of the Court. The liberal offer was declined by the accused, who demanded a trial; but, as the sequel showed, it was unfortunate for him that he did not had guilty to a simple assault and battery, ‘The testimony for the prosecution would have es- tablished an indictment for murder if the complain- ant had been fatally wounded. ‘Thomas Maguire testified that he was the janitor of the Metropolitan Bank, at 108 Broadway; that the defendant was the engineer in charge of the boiler and was discharged upon the day in question ; that on the evening of the 29th of March the witness was in his bedroom, and hearing a ring at the door bell he gave the key to his wife, who, with one ofthe other girls, went down to let Farmer in; when the prisoner came up he said, “Are you here, Tom?’ and he (Maguire) was about fourteen feet above him on the stairs when he (Farmer) fired the pistol ; he saw the flash, heard the whiz over his head and the smoke went in his eyes; when he fired the wit- ness went into his room, and although the prisoner said, “Come out again,” he did not, but locked the door. Oficer Leahy testified to arresting the prisoner in the office of the bank between one and two o'clock in the morning, and produced a loaded re- volver, one barrel being discharged, which he found in the possession of the accused, Patrick McDermott, an employé in the building, said that he was there on the night of the occurrence, but did not see the shooting. He heard some noise w stairs, and said that after Farmer came down wit! a mattress to sleep in the bank, as he always did, he said to him (McDermott) that the revolver went bak ngs aiteng Eliza Crary deposed that she lived in this build- ing, and upon the-night in font she heard Ma- guire go up stairs; she was in her room and did not see him, But distinctly recognized his voice; she heard him say, in a violent and loud tone, “Maguire, come out; I want you;” he stood for a minute or two, and ordered him out again with an oath, and said, “If that got through your head you are a dead manin a minute; the prisoner said if he got at him he would live one minute, and went down stairs; Maguire did not go out of his room, Michael Farmer, the defendant, gave his version of the affair, He said that after being let in that night he was going up stairs to tell the complain- ant that he was there previous to going to bed in the bank, and while going up was looking at the re- volver to see that it was all right, the pistol having been furnished ih the bank for the use of the watchman; he called to Maguire for the key of the side door of the bank, and while standing there the pistol went om He admitted that he was excited at the time, but denied using any threats, On cross-examination he said that he gave the President notice that he would leave if not taken from Maguire’s control, because he (Maguire) was interfering in his business, The counsel was permitted to read certificates furnished the accused by former employers testify- ing to his good character, Ine jury rendered a verdict of sault with a dangerous weapon wit bodily harm. On motion of Mr. Mott, who was called into the case in the absence of the prisoner's counsel, sen- tence was deferred, Grand Larcentes. George Willett, indicted for stealing a gold watch valued at $50, on the 30th of March, the property of Louis Schneider, pleaded guilty to an attempt at rand larceny and was sent to the State Prison for fro ears and six months. Phillip Burger, who on the 20th of March pleaded ilty to stealing a harness worth $50, owned by entry Wilker, pleaded guilty. State Prison one year was the sentence, Acquittals, John Henry was tried upon a charge of breaking into the liquor store of James Dunnigan, 95 Tenth avenue, on the 6th of February, and stealing $15 worth of cigars, A verdict of not guilty was ren- uilty of an as- intent to do a Water street Junk dealer, was tried for receiving @ canvas truck cover, valued by its owner, William Murphy, at $20, knowing it to have been stolen. A boy named William Ryan swore that he and another boy stole it and sold it dered. James oud Vi to Kelly for $1 two days previous to its being found in the Ady piace Dy. the complainant and an officer. Mr. Kintzing called a number of witnesses to show that the piece of canvas in dispute was in the junk shop weeks before it was alleged to have been stolen. Tne jury gave the accused the benefit of the doubt and sequitted him. COURT CALENDARS—THIS DAY. SurrEME CourT—Circurr—Part 1—Held by Judge Van Brunt,—Nos, 169, 1237, 41134, 395, 863, 100934, 121 (R. C.), 277, 649, 20034 (R. C.), 235, 1289, 241, 1531 41 (R. C.), 1059, 2693, 1827, 16031," 855. Part 2—Held by Judge Barrett.—Nos, 364, 6635 (R. C.), 506, 610, 566, 614, 586, 36034, 44434, 5763, 620, O24, 626, 47036 (R. ©.), 580, 628, 640, SUPREME COURT—SPECIAL TeRM—Held by Judge Barnard.—Case on. No calendar. Supreme CouRT—CHaMBeRs—Held by Judge Brady.—Nos, 22, 34, 35, 46, 117, 119, 121, 130, 131, 149, 152, 153, 154, 155, 156, 157, 168, 175, 177. _ Call 178. Suprsior Court—Part 1—Held by Judge Monell. Nos, 1515, 1841, 1429, 275, 1849, J. K. 1387, 1133, 1289, 1587, 1623, 1691, 1695, 1781, 1703. Part 2—Held, by, Judge Curtis.—Nos, '1246, "762, 1086, 950, 1068, 1780, 160, 640, 1826, 47624, 1334, '1012,' 1168, 1784, 1820, 196, 12, 1172, CourT OF CoMMON PLEAs—Equiry TerM—Held by Judge Robinson.—Nos, 82, 40, 30, 68, 49, 50, 61, 52, 37. Cour? or ComMON PLEAS—TRIAL TERM—Part 1— Adjourned for the term. Part 2—Held by Judge J. F. Daly.—Nos. 1091, 1821, 1439, 1465, 1617, 178, 1542, 1546, 1518, 1587, 1559, 1629, 1582, 975, 1415, 1416, 1372, 1622, 1627, 769, 1579, 1580, 1864, 1467, 1304, 999, 1687, “ 710, 1868, 1869, 1494, 2021, ARINE COURT—TRIAL TERM—Part 1—Held by Judge Curtis.—Nos, 8491, 8804, 8805, 7649, 8794, 8505, 8607, 8678, 8689, 8697, 8745, 8851, 8831, 8840, 8841, 8843, 884334, 8844, 8845, 8846, 8847, 8848, 8849, 8850, 8852, $853, 8854, 8855, 8856. Part 2—Held by Judge Spauld- ing.—Nos, 871 8462, 8775, 8295, 8662, 8203, 8404, 86702, 8428, 8581, 8662, 8661, 8860.’ Part 3—Held by Judge Gross,—Nos, 6145, 7497, 8807, 9248, 9333, 9340, 9363, 9428, 9490, 9491, Cour? OF GENERAL SEssions—Held by Gunning 8. Bedford, City Judge.—The People vs. Daniel M. Mar- row, manslaughter; Same vs. Henry Riellier, arson ; Same vs. Peter Woods, Patrick Culkins, William Wren and Patrick Carr, rape; Same vs. Patrick McLoughlin, burglary ; Same vs. William Gibson, fel- onious assault and battery; Same vs. John Galvin, felonious assault and battery; Same vs. John A. Sheridan, false pretences; Same vs. Henry Eistrup, grand larceny; Same vs. William Corey, grand lar- ceny; Same vs, John Gaylor and Mary Gaylor, grand larceny; Same vs. John Graney, larceny from the person; Same ys. Thomas Murphy, larceny from the person, COURT OF APPEALS, Decisions. ALBANY, N. Y., April 23, 1872. In the Court of Appeals to-day the following de- cisions were handed down :— Judgments affirmed with costs—McNulty vs. Brown, Clark vs. Norton, Smith vs. Smith and others, Beach vs. Harrington, Page vs. Clough, Cos- rove vs. Ogden, Scofield vs. Whitelegge, Ritten- house vs. Johnson, Burges vs. Devlin, Connor vs. Dempsey, Peak vs. Lemon. Order affirmed, with costs—Bell vs. Dix. Judgments reversed, new trials granted, cogts to abide events—Cochrane vs. Dinsmore; Brown vs. The Town of Canton; Terrell vs. The New York and Brooklyn Steam Sawmill and Lumber Company. Court of Appeals Calendar. ALBANY, N, Y., April 23, 1872, The following is the Court of Appeals calendar for April 24:—Nos. 241, 202, 272, 153, 259, 225, 98, 14, CITY LEASES. ee Sale of Corporation Property Yesterday by Public Auction—The Prices Realized— What Andy Garvey’s House Was Leased For. In accordance with previous announcement by the Comptroller the sale by public auction took place yesterday of the market cellars and other property of the Corporation. The ferry leases were also to have been sold, but the sale has been de- ferred until the 15th of next month. The only par- ticularly noticeable feature of the sale was the lease of the house of the celebrated plasterer, Andrew J. Garvey, which realized $5,200, instead of $875, as paid last year. ‘The following are the various amounts realized at the sale. The names given are the names of the present occupants :— FULTON MARKET. Cellar No. 1, corner Fulton and’ South streets, N. D. Hook, $4,800. Cellars Nos. 2,3 and 4 Fulton street, Williar. W. Swayne, $4,000; former rent $2,000. Cellar No. 5 Fulton street, John Everett, $1,500. Cellar No. 6 Fulton street, John Keveny, $1,450. Cellars Nos. 7, 8and 9, corner Fulton and Front streets, John G. he $3, Cellgrs Nos. 10 and 11 Front stree' Joseph L. Cobb, $500. Cellar No. 12 Front street, Bolton & McCarthy, $100. Cellar No. 13 Front street, Alfred Dorlan, $250. Sellars Nos. 14 and 15, corner Front and Beekman B. H. Woodworth, $2,900. Cellars Nos. 16, 17 and 18 Beekman street, Aug. B. Coombs, $1,150. Cellars Nos, 19, 20 and 21, corner Beekman and South streets, Hall & Kelly, $4.45); former rent $2,250. pllousegyer market, fronting on Beekman street, P, F, aye . House over market, fronting on Front street, John I. Lynch, $325. House over market, fronting on Fulton street, Bridget Dalton, $125. WASHINGTON MARKET, gghtllat No. 1, fronting on Vesey street, John L. Whitton, streets, Cellar No. 2, fronting on Vesey street, Andrew D. Pur- Collar ‘No. 8, fronting on Vesey street, S. J. Rippier, Cellar No. 4, in part, fronting on Vesey street, Catharine Cellay Allison, $160. Cellar 4, in part, fronting on Washington street, Bridget Hannan, $9. Cellar No. 5, tronting on Washington street, Benjamin B. Johnson., Cellar No. 6, fronting on Washington street, Daniel McCarthy, $90, Cellar No. 7, fronting on Washington street, Bridget McCormick, $110, Cellar No._8, fronting on Washington street, James Dusenbury, 7! ar on fronting on Washington street, Patrick ey, e eli ‘0. 10, fronting on Washington street, William F. Cellars Nos. 11 and 12, fronting on Washington street, ing Cellar N Hinton, $70. woalat No. 14, fronting on Washington street, George ‘ells, $135. Part of cupola, Washington Market, H. L. Brown, $200. CENTRE MARKET. Cellar No. 1, corner Grand and Centre Market place, Isaac Williamson, $300. Cellar No. 2, corner Grand and Centre streets, Leander fronting on Washington street, William M. Gellar No. 8, fronting on Contro street, Bryan Lawrence, pecilar, No. 4, fronting on Centre street, William H. Cellur No. 5, fronting on Centre street, William Lalor, ‘ellar No. 6, fronting on Centre street, George F. Kuhl, ouar_No. 7, fronting on Centre street, William H. ‘Gelint No: 8, fronting on Centre street, Joseph Jansen, 35, Cellar No, 9, fronting on Centre street, John D. Kinner, Cellar Nos. 10 and 11, fronting on Centre street, William H, Racey, $60. Rooms on second floor, except that portion occupted by the Fighth regiment, fronting on Grand street," vacant, ig ESSEX MARKET. Cellar No. 2, corner Ludlow and Grand streets, John ‘ard, $800. Cellar No. 3, fronting on Grand street, vacait, $200, Cellars Nos. 4and 5, fronting on Grand strect, Bernard uillan, $170. Sellar £0, tronting on Grandgtreet, Charles Trueman, Gellar No. 7, fronting on Grand street, Ann McManus, Cellars Nos. 8 and 9 corner Essex and Grand streets, Frederick La if 5 4 Cellar No. 10, fronting on Essex street, Martin A. Cape, #TWwo small cellars fronting on Ludlow street, J. B. Cor- nell, . gta collar, fronting on Ludlow street, Bernard Brady, FRANKLIN MARKET. Cellar No. 1, fronting on South street, Patrick Joyce, lars Nos. 2and 3, fronting on Front street, Charles ic Har No. 4, fronting on Coenties slip, Carney & Lynch, Cellar No. 5, fronting on Coenties slip, Jeremiah Perry, 520. Y Cellar No. 6, fronting on Coenties slip, J. F. Buckley, $40. ey A fronting on South street, Henry Des- Jace, . * Part second floor, fronting on South street, Hayden & French and ©, F. Junior, $200. Part second floor, fronting on Front street, John Hack- ett, $250. CLINTON MARKET, Rooms over Clinton Market, Joseph Freeman, $200. GOUVRRNEUR MARKET. Lofts and cellars, N. & H. O'Donnell, $325. JVEFERSON MARKET, Second floor, Father Mathew Total Abstinence Benevo- Jent, No, 1, $300, UNION MARKET, Third floor, Father Mathew Total Abstinence Benevo- lent, No. 4, $190. OLD CATHARINE FISH MARKET, Housatonic Transportation Company, $1,500. HAY SCALES, Tomp kins Market, vacant, $45, HOUSES AND LoTs. House and lot, 458 East Houston street, John Lenighan, 0), House and lot, 106 East Fiftieth street, James Mulligan, 126. House and lot, 70 Barrow street, Michael Norton, $700; former rent, . ase and lot, 160 Wooster street, John Wildey, $}.005. House and lot, 128 West Broadway, Barwick & Richard- 4 lot, 57 Chatham street, James Wrigley, Pan grtigpre and tot, 81 Chatham street, Morris Peyser & Bro., sigue and lot, 83 Chatham street, Morris Peyser & Bro., Hiouse and lot, #9 Chatham street, several parties, Nowe and lot, 91 Chatham street, Joseph Michaels, #fPtise and lot, % Chatham street, Alexander Goldberg, touse and lot, 200 West Thirty-first street, Peter Gilsey, House and lot, 18 Renwick street, Hugh King & Co., Stores, 12 and 14 Greenwich avenue, Robert Culkin, One lot, Weat Thirty,third stro between Ninth and Tew Tots, Bast. Fifty: ,steeet, hear Third avenue, a1 iI I. ORR and jot i ondary, to be leased from Ist Andrew J, Gar 200 ; former rent $875, *VErE of 19 Gbaibaup pirect, Plsbor & Weld, 6400, GENERAL JAIL DELIVERY. —_>+_—_. The Convictions in the Court of Special Sessions—~— Argument Before Judge Brady, of the Su- preme Court, Upon the Habeas Cor- pus Cases—Decision Reservod. . An unusual and rather motley looking throng assembled at noon yesterday in the Supreme Court, Chambers, Judge Brady on the bench. Most conspicuous among the strange group were ten in- mates of the Penitentiary, on Blackwell's Island, and the House of Refuge, who had been selected from the 253 convicts in whose cases writs of ha- beas corpus had been granted, with a view, if pos- sible, to effect their release, on the ground of hay« ing been illegally tried and convicted before one Judge at the Court of Special Sessions. ‘The rest, of the group was made up of relatives and friends of the prisoners, anxious, of course, as to the result of the legal efforts being made in their behalf. Others equally curio though not equally interested, filed the room to i utmost capacity. Promptly at the hour specified: for the argument to begin Mr. William F, Howe, who appeared for most of the prisoners, made his: appearance, looking as serenely bland as usual. District Attorney Garvin followed, looking im greatly improved health, 4 ARGUMENT OF COUNSEL. Mr. Howe, in opening the argument, proceeded with his usual eloquent zeal, and never spoke withy more impassioned fervor, He stated that the turns showed that in some instances two Judges af the Court of Special Sessions occupied the Bench, and in others only one Judge. He said he woul take up both cases. The Judge asked which case he would take up first. Mr. Howe said he would take up first the case’ of conviction by two Judges, and having shown thi illegal, or, in other words, that the Court itself was, nese constituted, that there would be no neces-) sity of further argument. He then proceeded t give a history of the organization of the Court ot Special Sessions. He called attention to the deet- sion of Judge Allen, The Court of Appeals had de-; cided that the statute creating this Court wi unconstitutional, having a different title and bell for the purpose of raising money. In consequen of this decision they had to fall back under tl statute of 1858, and were now holding Cou under this statute. He urged that according! all convictions under the previous® act wert unconstitutional. He further urged that Police Justices were elected as simple Police J tices. The Legislature went further and consti- tuted them as a court, with additional powers. the same principle the Judges of Special Sessi might have been designated Judges of the Supreme! Court. The District Attorney has submitted a prop-| osition that if these men were discharged the; must be rearrested. He had simply to submit that when these prisoners were discharged there was nal law under which they could be reconunitted, Inj support of this he cited a section of the; Revised Statutes in regard to — writs) of habeas corpus. Some of these prison. ers had been in prison six months, some eight and some ten and one over eleven months, None of them, he insisted, could be placed i jeopardy again for the same offence. He called at-, tention to his argument before the Supreme Court, General Term, in the Collins and Edwards case, re- citing its various points, It was very clear, he urged, from every possible legal rire of the case, that these prisoners must be discharged. The Court of Appeals had decided that the Court con- victing them had no legal existence, and, therefore, the prisoners, he claimed, could not be held. District Attorney Garvin in reply said that this was not wholly a new question. Some time ago the same question was raised by the learned’ opposing counsel at the General Term of the Su- reme Court. The question then referred to the jourt of Oyer and Terminer. He alluded to this to show that legislation regerding our Courts is very loosley done, He read the statute of 1870 in refer- ence to the Court of Special Sessions. He insisted that the decision by the Court of Appeals of the illegality of this statute, which was merely technical after all, did not carry with it a discharge of all the prisoners convicted by such Court. Because one judgment has been reversed is! no reason why all judgments should be reversed. It was, he claimed, essential to go over the entire! record in each case. This was a general principle. To come to particulars, it was evident that the Court of Special Sessions was a de facto Court. It‘ was not denied that the Judges holding the Oourt were Judges. They were the right men. a Howe—The right men, but not in the right place. Mr. Garvin dwelt at length on what constitutes: de facto oficers and how binding their acts are. He called attention to the case of The People vs, White, in 2Wendell, page 523, and enlarged ati considerable length upon the legal principles in- volved in the case, He also referred to numerous other cases involvmg similar legal principles. ‘Though His Honor might disagree with him in the views he had expressed, there was one view in which there could be no disagreement. Mr. Howe—Now comes the vital point. Mr. Garvin—Assuming that the statute is uncon- stitutional, then it follows that everything done in, regard to the prisoners is void. There has been no trial, no judgment, no nothing. The prisoners must: be remanded. In supporting this point he cited Bishop on Criminal Laws. He urged, in conclusion, that the prisoners, if discharged, must be remanded for trial. Mr. Howe insisted that the Court ot fly ee in the Huber case, decided that the Court of Special Sessions was illegal, and that all convictions b; that Court were likewise illegal. He reviewe this decision at length, He had _ studiously avoided citing authorities at length because the whole matter had been settled by the Court of Ap- eals, not a single ty dissenting. The Court of Special Sessions was fever a court. Their acts were all void. There was a plain constitutional re- uirement. His Honor must follow the deeision of, the Court of Appeals. These men must be dis- charged. Why did the District Attorney send to the Special Judges a written notice that they must: reorganize under the statute of 1868, and why was he present at the reorganization? Simply because he knew the Court as it had been organized was illegal; simply because he knew that Court had ao vitality; simply because he knew the Court of Appeals decision had settled tho, matter. The Court of Special Sessions had Curing, the tinte of its illegal constitution convicted 11, persons. This showed great activity on the part of the District Attorney. After showing the responsi- bility that might be thrust on the District At- torney for these convictions, he urged, in con- clusion, that the simpble question before the Court was one susceptible of easy and prompt decision. The prisoners had been illegally tried and convicted by an illegally constituted tribunal. They must be set free. The principle of law demanded it; th principle of justice demanded it; the princip! right demanded it. ‘ At the conclusion of the argument the Judge stated that he would take the matter under con- sideration and give his decision in a few days. THE GARVEY MUDDLE. a agtreansocaile Taking the Will for the Deed—How the Plasterer’s Property Was Transferred= The Attachment Against Garvey to Con- tinue. The adjourned hearing of the case of Isidor Wormeer against Isabella Garvey, wife of Andrew J. Garvey, came up again yesterday before, Judge Barnard in the Special Term—Supreme Court. It will be remembered that in December last the plain- tiff purchased from the defendant some lots on Mad- ison avenue, for which he was to pay $215,000. It appears that when Garvey fled the city in August last he transferred this property to his brother John, who in turn transferred {t to Isabella Gar- vey. She promised to give a deed to the plaintiff, but did not do it, and kept neon the matter until the plaintiff! at length instituted the present suit to compel her to give the required deed. It was now sought to bring the defendant into Court,. as the trial was set down for hearing yesterday. Mr. Gilbert, on behalf of the Garveys, made an application for a postponement on the ground of the continued illness of Mra. Garvey. Counsel then read several afidavits setting forth facts relative to her inability to attend Court. He also read affi- davits signed by Drs. Packard and Parker, stating that the defendant was suffering from congestion of the lungs, accompanied by malarial fever, and that in consequence she was unable to come into Court. Mr. Dittenhoefer, on the part of the plaintiff, re- sisted the application for a postponement. Judge Barnard asked what was proposed to be shown by the defendant. Mr. Marsh replied that it could not be set forth at the present time, but it was known that she was wanted to sign certain aMdavits, which it was im- possible for her fo do. He wanted to show by her that those affidavits were not true. It was impossible for her to make them, she was at present sick in bed, and consequently una- ble to leave herroom. Under the circumstances, therefore, he i ga the case would be postponed. Judge Barnard said that he could not at the pre- sent time force the trialon in consequence of the sickness of the defendant. He could see from the statements made by counsel that it would be neces- sary for her to be present, and, acting on the sug- gestions of the physicians, he would put the case off until next Thursday week, the 2d of May, Mr. Dittenhoefer said he desired to state that the reason that the case should be tried at once was that there was a large amount of unpaid taxes and Lite ge and the property was liable to be seized. Judge Barnard—Oh, he has plenty of money. He is not troubled much about taxes. (Laughter.) In reply to counsel, Judge Barnard intimated that the bog a ee Garvey for contempt would: run on. He would, however, entertain an applicar tion for ball, rer