The New York Herald Newspaper, May 24, 1872, Page 5

THE IMPEACHED JUDGES. Prindle and McCunn Before the Senato- rial “High Court.” THE QUESTION OF JURISDICTION. Tremain and the Chenango County i Justice Antagonistic. ANSWERS OF ' THE ACCUSED. Side Thrusts at the “Reform” City Fathers. ae The Causes Adjourned to the 18th of June. ALBANY, May 23, 1872, ‘The Senate was called to order at ten A. M. Mr. Murphy, from the Committee on Rules, sub- mitted a report, which was, on his motion, laid on the table, THE CUARGES AGAINST JUDGE PRINDLE. The Chair announced that the first business in order was the argument on the demurrer put in by the respondent, Horace G. Prindle, County Judge and Surrogate of Chenango county. The charges against the respondent are fifty-four in number, and recite the years of 1867, 1368, 1869, 1870 and 1871, He, as County Judge and Surrogate, drew the papers of all descriptions, knowing that the same were to be used by and before him as such County Judge and Surrogate, and know- Ingly, corruptly and unlawfully demanded, received and extorted fees varying from two dollars to sixty dollars for his personal services in drawing such papers; also that, during the years named, he re- fused to perform the duties of his oMice, referring applicants to one George Ray to have thelr papers drawn, THE DEMURRER PUT IN, \ ‘The demurrer contains two exceptions—first, to the fourth charge, that he refused to perform the duties of his office, that it isinsufficient, in not being specific, Second, to all of the fifty-four charges, execpt the fourth, as not imputing to him any misconduct during his present term of office, and that the Senate has no jurisdiction in the case. Henry R. Mygatt, of the counsel for Judge Prindle, addressed the Senate in support of the demurrer, reviewing the charges, and ciaiming that as these alieged offences occurred while the respondent was serving a previous term of office, a re-clection and a new oath of ofiice extinguished all _ liability. He spoke at Jength as to the power of the Senate in such trials, citing a large number of authorities and cases where the alleged offences were committed during 8 previous term of oflice, and which were set aside. TREMAIN COMBATS THE NON-JURISDICTION THEORY. Lyman Tremain, on behalf of the prosecution, followed, ae attention to the importance of the question raised—the question of jurisdiction. He Was surprised that the respondent should come in here with such @ plea. There were two courses open to him. These charges were indictable, He could have stood trial, or he could have come here, throwing open all avenues for investigation if he considered his action as pure as it should be. He asked the Senate if it was ready to strike down the at and salutary power placed in their hands by the constitution, Here wis an official indulging in Practices so frequently that. they had become a common action, and what wore they? There are Live 437 CHARGES AGAINST Him, ~~ most of which are to the effect that he was guilty ¥ extorting Lay the widow and the orphan, the lecrepit and the demented, moneys without autho- rity of law. And must the provision made by the constitution for the punishment ol such conduct be set aside? The counsel proceeded in this strain at much length. He then discussed the object and purpose of con- vening the Senate, not Weoly as a Senate Court, but as a Senate with powers like a court, He said the Senate's oilice was not so much to punish of- fences as to prevent their recurrence. He argued @t much length in favor of overruling the demurrer, Recess till four P, M. Afternoon Session. JUDGE M’CUNN’S CASE REPORTED, ‘The Senate reassembled at four P. M. Senator J, Wood, trom the Judiciary Committee, to whom was referred the case of Judge McCunn, reported that he had been attended by the Judge in person and by his counsel, and that the charges were served upon him, and that he served and filed his answer thereto, and that Judge McCunn elects to be tried before the Senate instead of the committee, The report was agreed to. REPLY OF THE ACCUSED, Judge McCunn has sent to the Senate an answer in the matter of the op ig against him, in which he says that he reserves the right to object by mo- tion or otherwise to any or all proceedings based upon the charges; that he was elected Justice of the Superior Court in 1869 to take office in 1870; that he has taken the oath required of him as such Jus- tice; that he entered upon the duties of his oilice and still discharges them; that while he does not admit any of the charges, he insists that in case they are shown to have occurred or to have been committed by him they wili be shown to have oc- curred before his last election; and that the Sen- ate, therefore, has no Jurisdiction to try him upon the charges; and he further avers that the matters Blleged in the charges do not constitute an offence for which the defendant Is liable to removal under the constitution; and further, the respondeat de- nies each and every allegation in the charge: CONTINUATION ‘OF THE PRINDLE ARGUME Mr. Tremain then resumed his argument in op- position to the demurrer putin by Judge Prindle, fand spoke an hour and a half. THE JUDGE'S DEFEN Late Prindle then addressed the Senate in his own defence, and protested against the appeals to the passion of the Senate made by counsel. Ifthe County Judge of Chenango county was guilty of corrupt conduct, he was here to stand the test of the Senate and fall. As to. this demur- rer, it was a simple question for tne Benate to answer, whether it will go back on the decision of the people, which was given at the last election, and take up the charges and mo upon them, This was all there was of it. ‘hese charger had been passed upon by the people once, but if the Senate was determiped to remoy him from office it had the power to do so, He did not doubt the power, he constitution unques- tionably conferred this power, but it conferred it with the expectation that it would be. Judi- ciously used. He then discussed the point whether the Senate could go back to former terms, insisting that the precedents showed that they could not. He said that it must have occurred to the Senate that it was a little curious that for nine ears this corruption, this extortion has prevailed In this oMce of County Judge of Chenango county, and yet the people do not kyow anything of Hy until a new election is to he ad, when these frauds and corruptions are developed by a political con- yention opposed to tie Incumbent, He then detailed the frnitiess efforts made in his county to obtain an indictment from the Grand Jury, and aso the utter failure before the rene in the Slectp 5 Mr. Tremain rose fo a point of order, and ques- tioned the propriety of alinding to the action of the Grand Jury, unless the other side be permitted to show whose Grand Jury this was, Indge Prindie said tie was only replying to what counsel said about these offences being indictable, ‘The President said Judge Prindie might proceed In order; but intimated that it was not in order to refer to an action of a Grand Jury. Judge Prindie—Very well; I have the right, then, to refer to the action of the Board of Supervisors, for counsel has referred to their action. He then detailed their proceedings and the part he par. formed before that Board, to show that he had done all that could be required of him. He also critteized the charges, claiming that he was justified by law in acting as he had done, wntil again called to order, when he said he had no disposition to speak out of order, but as counsel for the peceareiags had referred to the charges, he thought he had the right to show that they were fallacious. After continuing a few m0o- ments longer he submitted the question to the Benate. On motion of Mr. Lewis the Senate went into secret session. During the consultation it was agreed to adjourn | till the Isth of June, at four P. M., leav: Pg tion on the demurrer unsculed? C*Vins the ques mone of Judge McCunn is also postponed till Ge METROPOLITAN MUSEUM OF ART, The directors of the Museum of Art have res solved to admit the public to the gallery on Saturdays from nine o'clock A. M, to half-past five P. M. Thisisa step in the right direction, and we hope will be fol- lowed by the appointment of at least one other fre day in the weeks ‘The fact that it is necessary 4 apply for tickets, even when it is understood to be only a matter of form, has a tendency to keep away Many who would otherwise visit the gallery, As the chief aim of the Muscam is the cultivation of the public taste the fewer obstacles that are thrown in the way of visitors the better, Admission can be obtained on other days by tickets, which can be obtained at 308 East Fourth avenue and at tie oMices of the Musoum or Srom the subscribers NEW YORK HERALD, FRIDAY, GREELEYANA An Inside Interview with the Chap- paqua Philosopher. A member of the press was introduced to the “Sage of Chappaqua” at the Astor House the other day by the urbane General Cochrane. The venerable Sage rose, took the hand of the press man, looked pleasantly into his face, the philoso- pher’s eyes moistened, his frame trembled, and then, with a sudden burst, his heart opened! Through the chasm the press man saw the win- dows of the great man’s soul, and, glancing through one of the lower panes, what did he behold! The “blockheads” of the Union League were pecking away at the reputation of the “later Franklin,” while the Sage, stripped tothe bow Was lett {ana 1-4 - _ veri MY, Hight ane °T os nis assailants. Professo¥ Longfellow was reading what the great farmer knew about farming to the listening ears of William Cullen Bryant. A pig tronmonger of Pennsylvania and @ domestic calico-monger of Massachusetts were in close commune with a free- trader from Ohio; a Grahamite was hobuob- hing with a Fulton Market butcher; a New “ngland temperance teetotaller had the ear of a German lager beer merchant; Jeiferson Davis was baling out the ship of state; General Bob Toombs had his arm around the neck of William Lioyd Garrison; one of the old Fourierite phalansterlans was button-holing a straitlaced Scotch Presbyterian; the statue of the elder Franklin was clasped in tearful embrace by the Lincoln statue in Union square; Sambo was lying cunningly in a corner, show- ing only the whites of his eyes and grinning suspiciously; @ woman's rights advocate was co- quetting with the editor of a Fenian organ; an ex- Tammany Ringmaster was singing “Oh that will be Joyful,” with a member of the Reform Committee of Seventy; and, in brief, there were clergymen, farm- ers, politicians, merchants, mechanics, manufac- turers, editors, poets, prosets, literatti, dilettanti, backwoodsmen and backsiders, blue stock- ings and silk stockings, ruffled shirts and sons culottes, and s0 on and so on, mingling and commingling, waltzing and polking and flirting all together, with a grand illuminated picture of the White House in the distance, and the great Horace himself in a swallow-tail coat doing the honors of his first reception, This was all that the member of the press saw from his momentary glance—no doubt mueh more remained behind—but while he was still gaz- ing at and reflecting upon the wonderful phantas- magoria the lips of the philosopher moved, he gently released the press man’s hand, reseated himself on the sofa, leaned backward with more than ordinary grace, and gushingly said—Nothing | Greeley and the Democracy—Suppose Greeley, Failing to Get the Demo-= cratic Nomination, Should Withdraw, What Thent {From the Mobile Register (democratic), May 19.] Should the Democratic National Convention in July make a straight-out nomination, and should Mr. Greeley then withdraw—as he has so emphati- cally pledged himself to do—the fight would be a straight out one between Grantism and democracy, We do not propose here to discuss the issues of this contest. It were premature to do so, because such issue has not yet been made, and because it perhaps will not be made, The democracy may perhaps consider their best interests—as citizens, as indi- viduals and as a party hoping for a future—sub- served by permitting democrats to vote for the liberal-republican nominees. The Convention of July may possibly endorse the Cincinnati ticket, It May waive discussion of the whole subject, simply announcing its principles and issuing an address to the people, calling upon them to perfect their party organization for State service, and urging them to self-preservation may dictate, In either of these cases it were bootless to make calculations upon the last contingency occurring in this article—a single-handed fight between the two old parties. But even this far anead it may not be premature for the democratic party—from its leaders to its rank and file—to weigh well and calmly the question whether, or not, Grant would permit a count of the Southern vote. It has been universally conceded that the whole structure of Ku Klux laws and Enforcement acts was reared to facilitate new forays and outrages upon Southern Tights, within the States. What Grantism did in 1868 to nullify twenty-three electoral votes Grant may repeat in 1872, We must bear in mind that the party that bound and gagged our sisters then were only brigands in prospect. Lusting for plun- der and thirsting for blood, they were not yet flushed with years of triumphant greed and were not yet led by the arrogant and stolid autocrat, who now has a doubie debt of vengeance to pay those who gave encouragement to his own rebel- Hous vassals at Cincinnatl. Miscellaneous Notes About Greelcy and the Campaign, Ifsome democrats cannot swallow Greeley they must admit that he swings a saucy swallow-tailed coat. Some of Greeley's devotees propose to add a new chapter to the Scriptures—“The axe of the Apostle Horace.” The Democratic State Convention in Maine willbe held in Bangor, June 18. It will endorse Greeley, no doubt. William A. Richardson, of Ilinots, goes for Gree- ley. He says it 1s w—a—r to the knife against Grant. The Cooperstown (N. Y., Justice Nelson's resi- dence) Freeman's Journal (democratic) don’t wish to be set down for Greeley until he receives the Baltimore endorsement. The same paper states that in aprivate conversa- tion with Mr. Greeley he found no fault with the cool manner in which his nomination had been re- ceived by the democratic press and leading poli- ticlans of this State, and considered the action of the Rochester Convention wise and friendly. He thought the great body of voters in New York city were warmly in his favor, and that South and West there was a growing favorable feeling among re- publicans. imming the whole matter up in few words,” continues the Journal, “it now looks as though Mr. Greeley would most probably be nomi- nated at Baltimore and elected.” A democratic paper avers that the “Horace Greeley Grand March’ will be supplemented in November by the “Salt River Promenade.” The Nashville Republican Banner is well satisfed with the Greeley outlook as it learns it through private sources from Washington. The Wilmington (N. C.) Star says it was not ex- pected the Rochester Democratic State Convention would endorse Greeley and Brown out and out, It did very well as far asit went. The Star twinkles for Greeley. Thg Alexandria (Va.) Gazette (democratic) says Greeley’s letter accepting the Presidential nomina- tion “expresses sentiments which will be approved ofby the conservatives of the country, and those who desire to see a change in the administration of the government." The Springfleld (Mass.) Republican speaks of Abbe McMasters as “‘Pope’’ McMasters, and asserts that Archbishop Purcell (Catholic), of Cincinnati, is far ahead of the Abbe in the way of progressive ideas, which means the support of the Cincinnati noml- nees. Thomas A. R. Nelson and Emerson Etheridge, running as candidates for electors at large on the liberal ticket in Tennessee, are for Greeley. fx-Governor Herbert, of Louisiana, opens his hand and heart for Greeley, General G, T. Beauregard, Dick Hays, ex-Con- federate Secretary of War Conrad, and Conrad Hunt are all for Greeley, “And thou, too, Brutus ?’—The old democratic sheet anchor of Connecticut, the Hartford Zimes, is sidling up to Greeley. “Tt will receive the commendation of every candid mind,” says the Providence Herald (democratic) in referring to Greeley’s letter of acceptance. Personal abuse of the “Champion Woodchopper” is denonnced by the Saratoga Sentinel (democratic.) “Ought the colored voters to support Greeley {8 a mooted question. The “colored troops fought hobly? has often been the burden of Greeley’s editorials, “There is mnch to admire in Greeley’s letter of acceptance,” says the Albany Tines, but at the same time it objects to such expressions as the “drill sergeants of decaying organizations.” The Washington JPutriog (democrati¢) save Vote foi President as thelr Judgment and instinct of | Greeley’s letter is “in the main candid, direct and unobjectionable from fis puwmeal standpoint.” The Baltimore Sun (independent, says Greeley’s “letter oi acceptance cannot fail to make a fevor- able impression,’ The Washington Chrontcle (administration) says Greeley’s letter is “strong and vigorous, with some considerable spice of courage.” The Albany Journat (administration) says Mr. Greeley contents himself with a reproduction of the platform in a little different language, which is a very easy and harmless way of filling out 4 letief, and which requires no comment. NEW JERSEY REPUBLICAN CONVENTION. Oo ‘Enthusiasti¢ Endorsement of Grant—Amnesty to the Scath, Civil Service Reform, Repeal of the Income Tax, Economy, Equal Rights and Reduced Taxation the Platform, The State Republican Convention of New Jersey to elect delegates to the National Convention met yesterday at noon, in the Opera House, Trenton, The Convention was called to order by George A, Halsey, who nominated for temporary Chairman Samuel A. Dobbins, of Burlington. John W. New- ln, of Cumberland, was appointed temporary Sec- retary. After recess the Committee on Permanent Organization reported for President General ‘Thomas Van Buren, of Bergen. That gentleman came forward and delivered @ most eloquent address, in which he placed in one category the names of Washington, Jackson, Lincoln, Grant, Sherman, Sheridan and Kearney. When the speaker men- tioned Grant he was interrupted by a storm of cheering which was continued for fully a minute. He traced the military career of Grant, eulogized his administration and concluded by saying that as sure as to-morrow’s sun would rise Grant would be the next President. ie Committee on Resolutions reported as fol- Bi ‘The republicans of New Jersey, in State Convention as- sembled, at Trenton, May 33, 1872, make the following de- claration of principles : First—We recognize the great principles laid down in the Immortal Declaration of Independence as the true foundation of democratic government, and we hail with gladness every sincere effort toward inaking these prin- ciples a living reality on every inch of American soil. Second—The wisdoin of th of the thirteenth, ‘hand fifteenth amendments to the constitution en fully demonstrated -by their operation, we are oppoxed to any repeal or modification thereof, Third—We favor the removal of the disqualitications and restrictions Imposed upon the late rebels in the same measure as their spirit of loyalty will direct and as may be consistent with the safety of the loyal people, and we approve the recent action of Congress in the passage of the Amnesty bill as a Wise step in that direction, —We are heartily in faver of such a reformation vil service that good character and ability shall be the chicf recommendations to ollice, and nyt political service rendered or to be rendered; thereiore Wwe Cot. dially endorse the appointment and labors of the Civil rvice Commission and the messages of President Grant an lesire the early and total repeal of ‘and franking Diieiege, peal of the in- Si While remembering we have a large national debt ich must be paid, with accruing Interest, we ne sdesire thatthe burdens of taxation should be ren from the people as rapidly as the national eit faith will permit, Seveuth—We take especial pride in commending th economy of the national administration in ail ts beanehess and with gratification we Point to the fact that since thé inauguration o! resident rant the nation: Cl 3 been reduced $323,000,000. One, Cena Biglth—We are in favor of such legislation as will secure to all men equal and exact justice under the laws,without regard to color, creed or race. i We earnestly invite all those who for any cause , and yet believe in republican ual concessions with us In. pre- serving intact the ever-living principles of thatgreat party that saved the nation, erushed reteltion, freed the slaves, e is he bondmen and brought peace - perity out of rebellion and discord. = Peace Aud Pros Teith—We acknowledge our gratitude and deep obliga- ton to the soldiers and sailors of the republic: whoon Jand and sea fought the nation’s battles against the armed hosts of the South; as they have proved their devotion and fealty in the past when the life of our country was in danger, and as combinations are forming whieh may jeopardize the great results of the war, we cal! upon theih ‘again to give us thelr powerful aid and. support in m taining our republican principles and the priceless lega: cies of the war against all and every combination what. soever, Eleventh—We fully endorse the administrat! \- dent Grant, and believe that the best und highest internets of our comitry demand the renomination and election of General Graiit ay President and Sehuyler Colfax ag Vice President, The following delegates were elected:— Dist. 1—John W. Newlin and Augustus 8, Barber. 2—C, Hewitt and Isaac Carmichael, 8—Amos Clark, Ji., and J. W. Herbert, 4—General Dan. Vickers and F. A. Potts, 6. orge Wurts and-Theodore Little, 6—F. H. Harris and Daniel Dodd, 7—James Gopsill and D, 8. Gregory. Delegates at Large—Courtiandt Parker, A. G. Cattell, Levi D, Jarrard and J, W. Jones. Alter- nates—John 8, Irick, Jonathan Dixon, A. 8. Living- ston and Joseph Coult, THE CONNECTICUT SENATORSHIP, Letter from Ex-Governor Hawley, * ™* * Thank you, Yes Ido care for letters and the expression I get from them, and the rae: lican journals show me that there is something worth more than office—the esteem and respect of friends. I shall try to deserve the latter. The man who sets his heart upon office in this country isa fool, I never felt that I had much luck in that oe But I love a good hearty fight, and as 1° ckon”? we shall have it this fall, count me in, Sincerely yours, 1 NORTH CAROLINA DEMOCRACY, CHARLOTTE, N, C., May 23, 1872, The Democratic District Convention here to-day nominated for Congress Thomas 8. Ashe, of Anson county; Walter L, Steele, district elector; L. B. Vance and P, B, Mears, delegates to the Baltimore Convention, Ex-Governor Vance presided, The attendance was large. AMERICAN MINING ENGINEERS, The gentlemen of the American Institute of Min- ing Engineers, who are now holding sessions in this city, paid a visit to the Stevens Institute of Tech- nology, in Hoboken, yesterday. Among those pres- ent were ex-Governor Ward, of New Jersey; Peter Cooper, Professors Draper and Tillman, Generals Gilmore and Barnard, R, A. Raymond, Rey. 8. B. Dodd and many other men of note. The physical laboratory was first entered, where the college pro- fessors exhibited new and improved apparatus for demonstrating the laws which underlie the mo- lecular reverberations of bodies, as manifested in light, heat and electricity. An induction coil, up- wards of one nundred miles long, gave a spark of twenty-one inches, and sent one through a block of glass two and a half inches thick. Many beauti ful accoustic instruments were displayed The workshop, with its complicate machinery; the che mical laboratory, the immense clectri¢ battery, the reservoirs of oxygen and hydrogen, apparati for electrolysis of water and chloro-hydric acid, an arrangements by which compressed air, gases, va- cuum and electricity can be turned on, were atten- tively surveyed by the visitors. The numerous de- vices for teaching mechanics, hydrostatics and neumatics were thoroughly explained in succession by members of the faculty. ‘The optical and drawing de- partments were get interesting. In the spacious lecture room experiments with polarized light, ocularly exhibiting the distribution of strain in bodies under pressure were made and rojected on @ screen with admirable efftct. ihe gentlemen then passed through the photo- graphic and mineral departments to the hall Wherein stands the largest ae et that has ever been constructed. In the spa erein allotted it is impossible to do justice to the exhibi- tion, which reflects the highest credit on Professor Morton, President of the Stevens Institute, and on the other professors, The assemblage were then invited to lunch at the house of Mrs. H. A. Stevens at Castle Point, where the laws werning the palatable combination of solids and liquids were put into practical operation. The gentlemén sub- sequently perambulated the gardens surrounding the Stevens mansion and then retired to thelr re- spective homes. A DISGRACEFUL SOENE. Fight Between Undertakers Over a Dead Body. There was a dead person in East Ninety-eighth street on Tuesday last, to bury whom two under- takers had been notified by mistake, These were Mr. Hart, the sexton of St. Patrick's Cathedral, and Frederick Lanz, of 1,477 Third avenue, Hart's assistant, Hugh McConnellough, and Lanz, met in the house where lay the corpse, and each claimed the right, to the exclusion of the other, to the prepa- aation for and burial of the remains of the departed. The upshot of the matter was that they struck each other, and held a sparring exhibition for some moments across the body of the corpse, which did not, however, like that of Tim Finnegan, Jump up from the table to take a handin the scrimmage. ‘The two undertakers had it all to themselves, and no one thought it worth while to interfere. They fought round the house, down the stairs, and never stopped until they reached the sidewalk, all the time puinity blows thick and fast upon each other's skulls, [cConnellough was at length declared the victor, and he it was fgg toe. who had the honor and the profits of the funeral, But he was destined to lose part of the glory he had achieved. Yesterday he was arraigned at the Yorkville Polico Court, where sat Justice moar whose sense of propriety was evidently much shocked on heari the facts in the case, He considered Moconneliongh to blame in the matter, and held him to bail in § to anaw ate LO ae MAY 24, 1872—TRIPLE SHEET. THE COURTS. The Gordon-Gould Case—A Suit Against Comp- troller Green—Alleged Forfeited Bail—Busi- ness in the Surrogate’s Court and Court of General Sessions—Decisions. SUPREME COURT—CHAMBERS. Disappearance of the Sol-Disant Lord Gordon, Before Judge Leonard, The Chambers of the Supreme Court were yesterday morning crowded to excess, it being generally an- ticipated that Gordon Gordon, against whom an at. tachment was issued on the previous day, Would sur- render for ¢Xamination. Wut the assemblage was doomed to disappointment, for Gordon failed to appre, and his whereabouts Is a mystery to the Sherit?’s officers who have already given chase, but in vain. There was a host of counsel in attendance, and when the case was called Mr. Strahan asked the Court to allow it to stand over till another day, a8 counsel on both sides had consented to a postponement. @ Judge Leonard said he had already made engage- ments for to-morrow morning, Which must take priority. Mr. Field said he consented to the postponement. of the motion to strike out the complaint. He had received the Sheriff's return upon the attachment, “Not found,” and he now asked for the issue of an alias attachment, returnable forthwith, ‘The Court granted the adjournment, Anthony J. Bleccker’s Bill for Appraise= ment of City Property. The People ex rel, Anthony J. Bleecker vs. Comp- troller Green.—It will be remembered that in May, 1871, the Commissioners of the Sinking Fund em- ployed Anthony J. Bleecker, Adrian H. Muller and Cortlandt Palmer to make appraisal of property in New York belonging to the city. The parties thus employed did the work, and the Commissioners passed a resolution awarding them $15,000 each for their services, but sapaodnen ey: rescinded the reso- jution. Since then the last two gentlemen have withdrawn their claim, but Mr. Bleecker, in the emphatic language of Senator Sumner, “sticks.”” Comptroller Green, however, has refused to pay him his $15,000, and expresses a willingness to pay only $3,000, The matter came up yesterday morning on an application for a mandamus to compel the Rone of Audit and Apportionment to pay the claim, Mr, Willlam Watson, on behalf of Mr. Bleecker, claimed that the passage of the resolution by the Commissioners of the Sinking Fund to pay Mr, Bleecker was @ complete contract, being passed after the work was done, and that the rescindin; resolution was a nullity. the mone , he contended further, had been justly earned, Mr. Bleecker was an expert in the matter of real estate, and this ap- praisal was ofdered to put on sound foundation the financial credit of the city. Mr. Dean, on behalf of the city, contended that the present case did not come within the scope of the legislative act as to the payment of the salaries of employésof the city and for supplies and material furnished for the city. Mr. Strahan stated that there was a bill awaiting the signature of the Governor which would cover Mr. Bleecker’s claim, Mr. Dean, resuming his argument, Insisted that the original employment was for such a sum as the Comptroller might tix, which w: 3,000. He also urged that the Commissioners hi 1 no right to make the contract, that no sale of city property was con- templated, and therefore that they had no right to order an appraisal, and that they had no money applicable to the purpose. His concluding point was that ifa mandamus was granted it should sim- ply be to audit the bill and settle upon the amount to be paid. Mr. Watson replied to these various points seria- tim, contending that none of them were tenable, after which the Court took the papers, reserving its decision, SUPERIOR COURT—SPECIAL TERM. Decisions. By Judge William E, Curtis. In the matter of Alice Colly.—Reference granted, McLoughlin vs. Wort et al.—Order granted, Grey vs. Treat.—Reference granted. Corwin vs, Eighth National Bank of the City of New York.—Order granted, Kimball vs. Lewis.—Same. Taylor vs. Turner.—Reference granted. Wetmore vs, Mahone.—Order granted. COURT OF COMMON PLEAS—SPECIAL TERM. ‘Poo Late on the Hall Question, Before Judge Joseph F. Daly. The People, &c., vs. Edward Johnston,—About a year ago the defendant, as will be remembered, was arrested on a charge of buying goods on false pre- tences. A Mr. Lowenstein became his ball. When the case was first called the accused failed to ap- pear, and the bail was declared forfeited. Subse- quently Johnsion was rearrested, tried and ac- quitted, Application was made to compel Lowen- stein to pay the bail. The Judge denied the motion, SURROGATE’S COURT. The Taylor Will Case. Before Surrogate Hutchings. The Taylor will case, which was begun In the Sur- rogate’s Court on the 9th instant, and was to all seeming settled by a compromise (which has been published) accepted on the part of the daughter of the first wife and the second (the divorced) wife, contestants, and in conformity with which letters testamentary were to issue yesterday to the third wife, the proponent of the last willand testament of deceased, has assumed a new phase, and will, in ail probability, prove a very interesting trial before a settlement is effected, One Mrs. Mary Anne Taylor appeared before the Surrogate yesterday, and claimed the right to con- test the willon the ground that she is the lawful wife and widow of the deceased, John H. Taylor. The Surrogate after reading the aMidavit granted an order summoning the proponent of tne will to appear and show cause why this Mrs. Taylor should not be hee to contest the validity of the will. Mrs. Taylor states in her affidavit that she now lives in Brooklyn; was married to John Henry Tay- lor six years ago by mutual agreement; the issue of the marriage is one child, named by her husband, John Henry Taylor, now five years and two months old. The Gray Will Case—Confirmation of the Will and First Codicil. Surrogate Hutchings delivered his decision yes- terday in the Gray will case. It has dragged its slow length along for months now, though the sum of $6,000 was all that was involved, There were two codicils to the will, the terms of the first of which confirmed the will and left the propert, entirely to the immediate relatives of the deceased, The second codicil negatived the provisions of the be gave the bulk of the property to Mr. John Crofius. The Surrogate confirmed the will and the first codicil and decided against the second, COURT OF GENERAL SESSIONS, Mr. Howe Obtaing a New Trial for Bar- clay, the Alleged Hotel Thief, Before Recorder Hackett. At the opening of the Court a number of prison- ers, against whom the Grand Jury found indict- ments for robbery, burglary and other offences, were arraigned and pleaded “not guilty.” William J. Barclay, who was convicted on Wednes- day of Tt in the Grand Hotel, was placed at the bar. His Honor said that he had reconsidered his decision in refusing to grant Mr, Howe's motion for a new trial. The previous conviction of the ac- cused, which was set out in the indictment, ought to have been proved Lf the prosecution, Anew trial was ordered, and His Honor directed the case to be set down for trial to-day. Mr. Fellows said hé would be ready. Mr. Howe said that the present panel of jurors were prejudiced, and he would at that time move an adjournment till the next term, The Accused in a Man Discharged. On motion of Mr. Kintzing, Patrick Malone, charged with manslaughter, was discharged upon his own recognizance. Assistant District Attorney Fellows stated that the material witness, David B. Platt, could not be found by the subpona clerks, He saw the deceased and the accused at the time of the fight, and heard the deceased say when the risoner struck him that his neck was dislocated, The deceased was taken to the hospital and died soon after, but the prosecution was unable to prove the cause of death, John Payne and James Rogers were tried upon a charge of breaking the window of John H. Burton's shoe store, 117 Eighth avenue, on the 2ist of April, and stealing seven pairs of gaiters, worth $21, Payne produced evidence of good character. A verdict of petty larceny was rendered, and the prisoners were sent to the Penitentiary for six months. Francis Conlon pleated guilty to an attempt at burglary in the third degree, the charge being that on the 16th of May he entered the premises of Timothy J. Evans, 165 Waverley place, and stole a quantity of bottles. John Sweeny, who on the 15th inst. stole three dresses worth '$100, the property of Peter Reilly, pleaded guilty to an attempt to commit that offence, Conlon and Sweeny were each sent to the State Prison for two years and six months, A Case of Garroting—The Prisoner Sent to the State Prison for Twenty Years. George Riley, who was jointly indicted with Michael Rogers, was tried for the serious offence of robbery. The complainant, a youth named Daniel Kenison, testified that on the night of the 10th, while pageing thropgh Forty-second gtrpet, Hamers ughter Case . having been informed by police oficers that Riley Riley was defended by a “lawyer” with an w takable Irish brogue, who in his incoherent nd nonsensical observations to the jury sald that sooner than permit a prisoner to go upon the stand and commit perjury he would go down to his grave, Assistant District Attorney Fellows caused a roar of laughter in the Court when he said that the only sensible thing which fell from the “lawyer's” line was that he was going down to his grave. He wished him a pleasant and a speedy journey. The jury rendered a verdict of guilty of robbery in the first degree, and the Recorder sentenced him to the State Prison for twenty years at hard labor, is connected with a gang of thieves who are a ter- ror to the eighborhood: COURT CALENOARS—THIS DAY. .. SUPREME CovrT Crecurr—Part 1—Held by Judge Van Brunt.—Short Causes—Nos, 2293, 2703, 1060, 2743, 2043, 1921, 2301, 3049, 3157, 1311, 2595, 3123, 9167, 1643, 21 2365, 2963, 3057, 3071, 3073, 3079, 3163) 3265, 9273. Part 2—Held by ‘Judge Barrett,— Short Canses—Nos. 2962, 802247, 22784, 293 118634, 1544, 2306, 154634, 2188, 2268, 2462, 2052, 2956, 2072, 8114, 3182, 8134, 315044, 3152, 3158, 3160, 3168, 8280, 1058 %, SUPREME COURT—GENERAL TERM—Held by Judge Brady.—Case on, Supreme Courr—CuaMpErs—Held by Judge Leo- nard.—Nos, 51, 52, 53, 54, 82, 92, 94, 96, 97, 106, 107, 108, 109, 111, 113, , 127.’ Call 133. Sorerion Court—TRiaAL TerM—Part 1—Held by Judge Sedgwick.—Short causes—Nos, 1774, 1874, 1738, 1863, 1952, 1943, 1888, 1934, 1956, 1935, 1757. Part 2—Short causes, Courr or Common PLEAS—TriAL TERM—Held by Judges Daly, Robinson and Larremore.—Nos, 82 0, 61, 67, 68, 74, 75, 77, 98, 99, 100, 110, 111, 115, 116, 118. Cote or Common Bueas—triat TerM—Part_1— Held by Judge Loew.—Short causes—Nos. 1712, 1428, 1561, 1326, 1585, 1851, 2116, 1, 1936, 2398, 2380, 2841, 1511, 2082, 2226, 2226, 2258, 2402, 2389, 2384, 2371, 1955, 23: 71, 2111. 2474, 1765, 2488, 2363, 2476, 2314, 2357, 2480, 2490, 455, 2470, 2061) 2135, 1322, 2415, 2069, 1485, 2154, 2467, 2354, 245: Marine Covrt—TriaL TerM.—Part 1—No calen- dar until June 3, Part 2—No calendar until June 8, Part 8—No calendar until June 3. Court OF GENERAL SEsstons—Held by John K. Hackett, Recorder.—The People vs. James McCart- ney, manslaughter; Same vs. Michael Hays, man- slaughter; Same vs. James Johnson and Joseph Clark, robbery ; Same vs. odes Revolt, burgl: ; Same vs. Thomas Chester, burglary; Same vs, James Johnson, Forgery Same vs. Tah Sang, felonious assault and battery Oma felonious assault and batter, Villlam ©. McCosh, grand larceny; Sa Lyneh, grand larceny; Same vs. Charles Courtley, grand larceny; Same vs. Michael O'Neill, grand lar: ceny; Same vs. Joseph Dollard and Jo: larceny from the person; Same vs. Willi a clay, grand larceny ; Same vs. James Hughes, grand larceny; Same vs. John Tyler, grand larceny; Same | vs, Patrick Dalton, larceny from the person;’ Same | vs. Mary Elkin, receiving stolen goods; Same y Francis Dooley, seduction; Same vs. John Dwyer, concealed weapons, COURT OF APPEALS CALENDAR, ALBANY, N, Y., May 23, 1872. The following is the day calendar of the Court of eee for May 24:—Nos, 245, 227, 129, 817, 320, 821, ; Same vs. Hugh Mont- ; Same vs, “REDDY THE BLACKSMITH.” The Vicious Varley Violent Agnin—Com- mendable Condact of Justice Cox. On Wednesday night the notorious William Var- ley, alias “Reddy the Blacksmith,’? was much in- toxicated and endeavoring in a buggy to reach his home, No, 260 Hudson street. When opposite No. 247 West street he fell from the buggy into the gut- ter. John C, Lang, the occupant of the house, went out and helped him to his feet, when he returned the civility by applying to Mr. Lang most opprobri- ous epithets and knocked him down. Otiicer Oak- ley, of the Ninth precinct, arrested Varley and took him to the station house, where, having given his name, Mr. Lang became frightened to think that he had caused the arrest of such a redoubtable charac- ter and declined to prosecute. Justice Cox, how- ever, determined that he should prosecut 3; 80 he nitted Varley, sent ng to the House of De- ion, and Mr. Houghtalin, the Clerk, took the 18 down to be placed before the Grand Jury, THE MARKETS, Report of the Superintendent of Markets. The Committee on Markets of the Board of Asslst- ant Aldermen met yesterday, Alderman Schwartz in the chair, The Clerk then read the following report from Colonel Devoe, Superintendent of Mar- kete:— Bor Sin—In answer to your 1 First—That all the market day ; those | guiters—be ned every lewalks and rcated up town are swept out re eight o'clock A. M., and that after losin the same t idv is cleaned, and all the garbage, offa and other filth are removed the rane evening. The laws in relation to unwholesome food are ri enforced. vcoud—The spaces, KANZWiAYs, OF pits and all i sa other arrangements around anil in relation to the various stalls have not been changed, except son the passage- a to th ntage of n placed reat tr «was the retailing of meats at Washington Market on the West street sidewalk, which at times was so blocked up, being the only or main passageway, that a great many ¢ pliged to ko up to Washington street, and ¢ nwich street, a" of stalls oc- ain are residing i the summer months, ts and sidewalks within oxes, Wagons, &e., is a ration. Many of these yused and the mi subject which is now und: walks near the market I by former authorities for many years past, but ase of sheds has been allowed under my super- vision. Fourth—The ordinances in relation to extor- we eption or unwholesome food are rigidly enforced. ose persons formerly engaged in sell- ing unwholesome meats have been stopped or suspended from the markets. ba ble In regard to prices for articles of food, I know of no illegal combination among the dealers, the prices bein, regulated by the natural laws of supply,demand an quality. Sixth—Many of the market buildings are certainly in a dilapidated condition, some of them not having been re- paired for many years (or If so htly), although we find la amounts of money chirged against certain market bu ings for Fit which I hay ren unable to find, “The ventilation through the markets Is generally Kool. Seventh—The Washington, West Washi Fulton Market buildings should be replac firmer structures, more suitable for the various and stantly inc business, and such as wottld be able to accommodate much of the surrounding trade, and thus ¢ the streets and sidewalks, which are now so much occupied as to impede and inconvenience the public who ay have occasion to visit these necessary institutions, respectful 4. F, DEVOE, Superintendent of Markets. Axpnew H. Guexx, Comptrolier. DEPARTMENT OF PARKS. A Plea for the Laborers—Music on Sun- days and Public Sessions. At the meeting of the Department of Public Parks on Tuesday last the following was proposed by Mr. Commissioner Thomas Fields and was made the special order for next meeting. J, That the President of the Department ot rks be and he is hereby requested to take imme. | res to acquire ary for | the extension of the Boules vhereas unitormity In the wages p various departments of the city government to laborers is desira- | ble; therefore, be it Resolved, That the President of the Department of Pub- lic Parks He and he is hereby requested to consult with | the heads of the other departments of the city and county government, with a view to the attainment of such re- | laws ai et, ygton and. the by larger and sult, and urge uyon them a unity of netion whereby the | same rate of wages to laborers shall be paid by each and | every department, Resolved, That in view of the expenses of living the 2 80 per day of eight hours Is but a fair remunera- or ordinary labc and other labor to receive ni ‘oportionately ineréased compensation. hereas the great majority of people are unable to en. | joy the music at Central Park on Saturday afternoons, Resolved, That the President of the Deparinent of Pub- lie Parks be and he is hereby directed to have appropri- ate music in Central Park upon each Sunday aftern Resolved, That hereatter (he meetings of this Board be opened to {he public, THE CITY ADVERTISING. The Commissioner of Public Works has transmit- | ted the following communication to the Mayor and | Comptroller: New Yonx, May 23, 1872, iclted the opinion of the Honorable ‘orporation as to the construction to upon chapter 574, Laws of 1871 (a copy of which ewith transmitted), more particularly relating to the necessity of advertising In so farge a number of daily and weekly papers, and Incurring,so considerable an ex- pense as night be inplied sn an over Mberal construction of the 1a’ Thave this di the Counsel to have deemed it judicious and courteous to inform you of my action hercin, and state my desire to save such ex- pense as inay be within the bounds of the law. Respect- fully, GEORGE M, VAN NORT, Commissioner of Public Works, The following is a copy of the communication sent to the Corporation Counsel :— May 23, 1872, ‘To the Hon, Rican O'Gonwax, Counsel to the Corpora- pe Si Gpon reference to chapter S14, laws of 1871, thera lepartment to be a confusion of expres: sion with regard to the absolute number ot daily papera in which it 1s obligatory for the department to advertise. A large number of works are being prepared for adver- tisement for regulating, grading, sewering, paying, &c. &c., and if the number of nincteen papers (nine daily, nine weekly and one official journal) are all to advertise the same, the expenses will not be inconsiderable. While ‘believing that all proper publicity should, given to the Ppt gis dopa ments of the Cor- oration, yeta sense of juatlee to the property owners enefited ‘and due econsmy to the cits prompt that an undue amount of expense for advertising n jnpurres, Tam, therefore, desirous of having your oplnion as to whether it is obligatory for this department to ¢ in ail the papers Gegignate 1 ane mayor a Comp: cial journal, “Respectfully, (roller, or in the oMcial Journ GEM. VAN NORT, Commissioner of Public Works, vertise | PAYMENTS BY COMPTROLLER, Comptroller Green yesterday paid the laborers on “pig pipes’? on the line of the work the wages due Jo the Abt MAY Uaity GOUDHRR 10 Al Hy 4 6 seized him by the throat and then Rile hand in his pocket and stoke twenty-seve on ae s T oO K E Ss s Special Plea Submitted by Stokes’ Counsel, the Nature of Which We Declines to State to the Court, Crimination and Recrimination Between Counsel. Charges of Ring Influence All Around. The Case To Be Resumea This Morning. Agreeably to adjournment, the Court of Oyer an@ Terminer, Judge Ingraham on the bench, met at half-past ten o'clock yesterday morning, to take up again the case of Edward S, Stokes, the alleged mur- derer of James Fisk, Jr. As on the previous day the court room was densely crowded, Stokes, who wag present, being the cynosure of course of general ob- servation. The proceedings were characterized by the usual brevity, to get through with argu. ment, but of somewhat diferent type, and, in fact, rather exciting In character, and for the time being distracting attention from the pris- oner to the lively gladiatorlal contest between the opposing counsel. By direction of the Court, the Clerk called upon the prisoner to arise and plead to the indictment in the usual form, AN OPENING BOMBSHELL, Mr. McKeon, prisoner's counsel, tmmedlately arose, and, addressing the Court, said:—‘May it please Your Honor I have a special plea to offer which I desire to file with the Clerk of the Court.” Judge Ingraham requested counsel to state the contents of the pl Mr. MeKeon, tn response, said that he did not know why there should be a difference between civil and criminal cases as to what the Court should know of pleadings, and he must decline to say what it contained, Judge Ingraham—The Court has a right to know its contents. Mr. McKeon—I decline to read it. (Sensation.) Judge Ingraham—You can do as you please about reading it. (Increased sensation.) District At ney Garvin, entering the lists, said :—May it ease the Court, counsel in this case, when called upon to make a statement of the na- ture of the plea to which he has just referred, though requested by the Court to do so, calmly folds his arms and promptly declines todo so. On the other hand, whenever counsel for the people proposes to say anything, he immediately inter- poses. He (Mr. McKeon) had in the earller stages of the ca ve other counsel to aid him, but these had got tired out and had left the case. This was a most peculiar case and the murder @ most strange one to begin with. Mr. McKeon (jumping up excitedly)—If the gen- tleman wishes to try the case in the newspapers 1 am prepared to meet him. District Attorney Garvin, not heeding the Inter- ruption, continued, Motions had been made to quash the indictment, which were denied, and seven other special pleas had been filed, Six of . those were demurred to, and the trial of the issue raised in the seventh lasted twelve days, thing had been done fe prisoner is asked to plead another special plea is offered, He did not object to such a proceeding, but did think it most strange that counsél should refuse to state what it contained. Inust say that by. pursuits this Srenoralaacy course coun- sel is trifling with the life of his client. When a man like the prisoner comes into Court, with his HANDS STAINED WITH BLOOD TO THE VERY SHOUL- DERS, he should try to place himself honestly before the Court. Why does he not let his case be investi- rated in the Vel pa way? Ifhe is not guilty let fim say so. With regard to this new action for de- lay it would be impossible to say what action should be taken on a plea like this until its contents were known, and the Court could see how bulky a docu- ment it was. He was amazed, astonished at the course the gentleman was taking. He, too, had been a public oficer, who honorably filled the office Tnow hold. IK LEGAL TILT GROWS SERIOUS. Mr. McKeon (very ed and taiking very rapidly) said he did not allow any man to talk to hinim such sort of a way—to charge him with trifling with the life of his client. He allowed no man to dictate to him his duty, The words spoken were words of insolence, a especially coming from such source would he resent it, It did not come well from one who was the tool of the Ring, and who caused an indictment to be found against Josie Mansfield and the prisoner for conspiracy to defraud Mr. Fisk and never dared bring the case to trial. He, the tool of other men, talking of his trifling with the life of his client! The plea sub- mitted was prepared by other counsel. He took no credit for its preparation, He had put it in because he deemed it his duty to his client todoso, It has been placed on file, and no power except the power of the Court had the right to take it from file, He had previously asked for delay to consult with counsel, and it had b denied him, The District Attorney could read it, and then put in a demurrer on issue, He would then be ready to go on. He would not allow any one to talk to him about trifing with the life of his client. He had been too long in the courts not to know his duty, He never took up the side of a case he did not believe had a good defence. He was no hireling, Again he would tell the District Attorney that he wouki not allow him to charge him with trifling with the life of his client, If the District Attorney wished to make A PERSONAL MATTER OF IT he was at liberty to do so, (Profound sensation.) Judge Ingraham—aAs to the paper submitted —- District Attorney Garvin—Before the Court— Judge Ingraham—There has been too much per- sonal matter indulged in between counsel, and tt must stop. If the document is a plea in abatement itis not enough, Mr. McKeon—It 1s not such a plea, Judge Ingraham explained why he asked Mr, McKeon what the nature of his plea was, saying if it was a plea in abatement it should not be filed; if a plea of confession and avoidance, It, was a pro plea. He added that in his long experience this was the first tin hen counsel refused to state the substance of a plea, Mr. McKeon said {it was a plea in bar, and he supposed he had a right to put it in, udge Ingraham said he had a right to do so, District Attorney Garvin, who had been anxiously waiting an opportunity to put in a rejoinder to Mr. McKeon, now had his chance and started to improve 1t:—"“Why does this nth ‘in, the de- fendant of the Ring, make charges against the Ring, while he himself carries the money in his ocket for their defencey’ (A loud acamping of feet greeted these opening words of the District Attorney.) Judge Ingraham put a speedy estoppel on the speech and the stamping. Ie told the officers of the Court to seatter themselves about the room, and ifany was found stamping or applauding to arrest him at once and bring him before him. Mr. McKeon remarked that the demonstrations were all on one sid District Attorney Garvin now took the document in dispute and said it was lengthy and required ex- amination. er some farther talk, but in a subdued and business like tone, it was decided to give the Dis- trict Attorney till this morning to examine the docu- ment, and the Court adjourned to this morning. Stokes’ Special Plea, The points of Stokes’ special plea can be briefly summarized. It sets forth in the first place that the indictinent was found by a Grand Jury at a certain term. The second point is that Stokes pleaded a seventh plea in which he averred that the indict- ment was found b; iad Ls not proneny: and legal, DoMatituved A third point is that a reply to this plea was submitted on behalf of the people and that the defendant joined tssue on this plea, and that ajury was empanelied to try the issue. The plea next avers certain facts involving contra- riety, and requiring the verdict of the jury upon the same, The Court refused, it 1s further stated, to let the jury pass upon the facts; and the facta, therefore, were taken from the jury. It Is also stated tat there was no demurrer to any of the evidence and that there still remain questions of facts undetermined by ajury, and that all these proceedings are to the great prejudice and damage. of the defendan' THE FATAL SHOOTING OF KIERNAN. Patrick Kiernan, the youth of only nineteen years, whose dangerous condition from the effects of ® pistol shot wound of the neck, at the hands of Christian Cordes, who keeps a liquor store at Now 611 Greenwich street, has been heretofore an- announced in the HeRatp, died on Wednesday evening in Bellevue Hospital. Coroner Herrman has been notified and will take charge of the case. The inquest will be held on Monday next, RE-ELECTION OF A PILOT COMMISSIONER. A special meeting of the Chamber of Commerce was held yesterday afternoon, for the purpose of electing @ Pilot Commissioner in place of George W. Blunt, whose term expired yesterday. Ex- Mayor Opdyke occupied the chair, and Secretary Wilson acted as teller, About twenty-five votes were cast, and a count showed that they were all for the veteran Blunt, who has held the position for several terms. Mr, Blunt was formally declared the choice of the Chamber and an adjournment #6 ouge wok blac