The New York Herald Newspaper, June 19, 1872, Page 8

* it might have been expected that the trade of the —— Pe Bi THE LOWDEN ABORTION CASE. Trial of Dr. George R, Gyles Charged with | Causing the Death of Mrs, Mary Ann Lowden by Abortion. sow ekt Another of the Rosenzweig-Lookup Ev- ans and Wolff Gang in Jeopardy. oweeaibarere The Testimony Most Likely to Lead to | Conviction and Punishment. Be Judge Bedford Presiding at the Trial. APPEARANCE OF THE PRISONER. Yesterday the court room of the General Sessions ‘was again crowdea to excess, drawn thereto by | another of those trials which have been unfortunate- ly so frequent of late, and which present in their details the most revolting features of the soctal life of this metropolis, The trials, convictions and punishment of Drs. Rosenzweig, Lookup-Evans and Wolff followed so fast upon the heels of each other, and these scoundrels were 80 severely dealt with by the presiding Judge—City Judge Bedford—that abortionist would have become too hazardous for the most inhuman and abandoned of the fraternity, | Mate or female, to continue in, And, on the other hand, the dread lesson of misery, exposure and death taught by the Bowlsby trunk tragedy and others, only too familiar to all, might have been supposed sufficient to deter even the most unhappy and reckless of the unfortunates who suffer at the hands of the seducer and betrayer from resorting to the abortionist for the means of hiding their shame, But the lesson, it seems, has been in vain, and yesterday another candidate for public reprobation and communion at Sing Sing with Rosenzweig and the rest, came up in the same Court of General Sessions in the person of Dr. Gyles, charged with the slaying, through an abortion operation, of Mrs. Mary Ann. Lowden. ‘The Lowden abortion case is already too familiar to the public to need elaborate recapitulation here. Suffice it to say that from the testimony adduced at | the coroner’s inquest it was shown that Mrs. Lowden was a widow lady, residing in Thomp- son street, having grown’ up children. Unfor- tnnately, she received clandestinely the visits of a man in the neighborhood, upon whom she lavished her affections, Time elapsed and misery began; it became necessary to adopt some means to hide her shame. The services of the abortionist were called in, and in the secrecy of her bedchamber the most revolting of all crimes was perpetrated, or at- tempted to have been perpetrated. The erring lady was FOUND DBAD in her bed two hours subsequent to'the visit of Dr. Gyles, who had called, been admitted, and re- mained closeted with the deceased, for some con- siderable time. Circumstances pointed to Dr. Gyles as the murderer of Mrs. Lowden, as, upon a post-mortem examination being’ made by Dr. Marsh, of the Coroner's office, unmistakable marks of foul play were found. Dr. Gyles was arrested, and committed to the Tombs without bail on the Coroner's warrant. The prisoner, GEORGE R, GYLES, isa medium sized, nervous appearing man, of re- | spectable exterior and iron gray hair in profusion, with mustache and side whiskers of the same, | piercing black eyes and an intelligent physiognomy | generally, but devoid of any remarkable expres- | | | siveness, He was attired in a suit of sombre black, with black tie, plain white shirt and well polished boots. He occupied a seat near his counsel, Mr. | William F, Howe, and looked earnestly and in- tently at each witness as they appeared on the #taud, without betraying either trepidation or emo- tion. He yawned once or twice, as if the procced- | ings had but litte interest for him, and in other | ways manifested an indiverence which is not | usually characteristic of those accused of so grave and disgustingly foul an offence. There were a ereat many in Court. and the utmost interest was Manifested in the proceedings. TRE TRIAL. e being called on, Assistant District Attor- ows appeared for the people and Mr. Wil- | Howe for the accused, who occupied a seat | ide him, There was no delay in empaneiling a yury, the jurors having informed the counsel that they did not know Dr. Gyles and had no prejudice against bir. Mr. Fellows opened for the prosecution and called the first witness for the people, Katie Marietta, She tested as follows :— 1 was living on the 13th of May at 228 Thompsou street, Where also resided Mrs. Lowden; I lived on tie second floor, with Mrs. Cook; had known the ased, Mary Ann Lowden, for about three years; saw her last about one o'clock oa the day of her death; she went out, and returned about two o'clock; the prisoner came into the house a few minutes before the deceased, and | he waited in the parlor until Mrs. Lowden came in; | he had previously inquired for the dec 1; I stayed in the basement; no one could have gone in | or out without my hearing them; [heard the door open and shut pout half-past three o'clock; 1 next saw Mrs. Lowden lying on her right side | on the bed, coyered up with a blanket; thought by the way she stared at me she was dead} her cloves were lying on the floor; 1 eamed out and went | for her daughter the way for Mr Roak, a friend of thi no one Went to or touched the body from the time J first saw it until Mr. Boak eame ; | THE RIGHT SIDE OF HER FACE was black, and she appeared as if she had died in my; she never told me that she had been to an | abortionist, but told me she expected a doctor to come; tae deceased was about forty-three ‘sof age and had a family of six children, all of whom are living. j MISS LOWDEN ON THE STAND—THE DAUGHTER'S TES- TIMONY, Maria Louisa Lowden, daughter of the deceased, owden, Was the next witness—a calin, self ed, rather prepossessing young lady '$. She was dressed in deep mour r having given her testimony in eb considerately relieved from further questioh- by Mr. Howe, who waived any cross-examina- ton, tty Mr. Fellows—Miss Lowden, what is your A. Vighteen years: am unmarried. 4. Where did you live ou the 1uth day of May last? A. Thompson street, h whom did you then live? Q. W A. With my A. On ocenpants of that how yourselfy A, Yes, there were five of us. . 4. Your mother, yourself and those five other objidren constituted your famuy ? A. Yea. Q. What part of the house ¢ om occupy? A. All but the second Noor; that was occupied by Mr. Coole. : . ON the Mth of Mav, at what hour of that day | aid you first see your mother? A. About eight | o'clock. q. About what time did she first leave the house | ft day? A, About ten o'cloc Q. Who did she then go out with? A, She went out alone, Q. Do you know a Mrs, Hackett? A. Yee. ©: Did you see her at the house that day? A. 1 ww her ip the house about rilne o'clock Did your mother see Mrs, Hackett that morn A. Yes. q. When did you next see your mother artor s¢ ing her go out Jhat morning ¢ she returned, about twelve o'eloc | .. How long did your mother re Jn in the house aiter her return besore she went out again’ A. Within two or three minutes of two o'clock. id she xo out then’ A. Yes, she said she was 2oing round the corner to a fancy store, and would return inmediately. Q. How long was sie gone? A. Only a few min- Q. Where w wae up slab &. Mid you hear her come in? A. T heard the bell ring and the door opened and I knew it was Ty aot caw her When she came up stairs with the doctor, 4 What room up stairs were you then in? A. I my mother’s room fixing it up. Y. Where was the voom situated ¥ A, It was the firat room on the third hoor; my mother’s sleeping | mn. \. You say you saw her whem she came up stairs with the dovtor? A, Yes. Q. What doctor? “A. Dr. Gyles. . How long was it after they entered the house | det you saw them come up the stairs’ A, Ten or fifteen minutes, Q. After the the wt 5 o aa ian Bis game hp the staire what room | Q. Did you remain moter tell you to ieave A. J saw ber Wien | } e you when she eame back? A. T | w room or did your A, Mobuer bold we Lo | } ing of + prisoner had been drinking | in Sweden, and is eave the room, and I did so and went down stairs. Q. To what part of the house did you goY A. To the dining room. Q. Was the previous witness, Mary Etta, with you? A. Yes, Q. When did the front door close after that? A. Between balf-past three and four o'clock ; 1 didu’t hear the front door open aud close myself. Q. What time did you next go to your mother’s room’ A, | wentup to the hall room about five o'clock, but I didn’t go into mother’s room. Q. When did you next up to your mother’s room? A. About eight o'clock, Q. Was there anything to induce you to go up then? A. Nothing but the fact of her staying 80 jong. - g. Who went up with you on that occasion? A. Rtty. Q. What occurred there? A, She rapped two or three times, but got no answer, and then she asked me if she should open the door and goin, and I said “Yes”; she then opened the door and went in first; I was going to her, when she turned round to me and cried out, “O Louise! your mother is dead ;”” I at.once turned back and ran down stairs, Q. Did you at that tame enter the room fat enough to see the body of your mother? A. No, air, Q. State what was the condition of the body and the condition of the room at the time you subse- bored entered the room and saw your mother dead? A. They had then stretched her out and tiea up her face, 9. Did you notice anything strange about the body? A. No. Q. Did you see a plece of ollcloth there? A, No. Q. Did your mother wear her natural teeth? A. No; she wore false teeth. Q. When you saw your mother at eight o’clock where were her false teeth ? A. In her mouth; they had put them in, Mr. Fellows—Your Honor, I desire to elicit by this course of examination the fact that the deceased’s teeth had been removed and afterwards restored. Mr. Howe—Not that they were removed, but that they were out. Q. From the time that you left your mother alone with the doctor did any person, to your knowledge, enter that room + Mr. Howe—We don’t claim that any person did, This closed the examination of the witness for the prosecution, and she was left in the hands of the defence, but counsel said he would put no ques- tons, and the witness then left the stand, ‘TESTIMONY OF MR. BOAK. ‘Thomas Boak, an old gentleman, testified that he resided at, 220 ‘Thompson street; knew Mrs, Lowden for a number of years; Miss Lowden came over to may house crying and asked me to go with her, as SIE FEARED HER MOTHER WAS DEAD; I went over and soon ascertained that Mrs. Lowden | Was deceased ; her shoes and stockings were on, but her clothing was on the floor; her teeth, a full set, both upper and lower, were on the washstand; the was tucked under the body; aiso discovered some cloths, like towels, all bloody, which I threw on the floor; there was a slight warmth on the breast, but the body was quite cold. Cross-examined.—The mouth of the deceased was open and the lips wide apart; the knees were tat a: straight, the body was on its back and the ead was turned a little to the right side; the towels or cloths were all rolled up, and I think there was blood on each of them—considerable | P#pers; clotted blood; I did not look under the bed to see if there was any ollcloth. TESTIMONY OF MRS, HACKETT. Mrs. Henrietta Hackett, sworn—I knew the deceased, Mrs. Lowden, a number of years; saw | her on the 13th of May (Monday), about eight o’clock in the morning, at her house; I remained half an hour. At this juncture Mr. Howe objected to an attaché of the District Role fa office removing the in- dictment from the Court, RD) Mr. Fellows stated to the Court that a qnéstion was raised as to the sufficiency of the indictment, and the gentleman who drew It wished to compare it with the law. Judge Bedford overruled the objection, stating that he had too much respect for the District At- oa office to believe that it would be tampered with. Mrs, Hackett continued—I gaw Mrs, Lowden that, same morning, about eo ae ten, at my mother’s house, and remained with her till noon; Left her in the cars, on the corner of Amity and Thompson, near her house, and she stated she was going home; Mrs, Lowden seemed to be in perfect health; I saw her the next day, laid out for burial; 1 did not know she wore false teeth. To Mr. Howe—I never heard her speak of Madame Restell, or mention the name of any lady phy- | sician, IMPORTANT TESTIMONY OF CAPTAIN BYRNES, Captain Thomas Byrnes, of the Fifteenth precinct, sworn and examined :—On the 13th of May, between five and six o'clock, an officer reported a lady dying suddenly in 228 Thompson street; Coroner Young was immediately notified; the Coroner came to the station house early in the morning; | went to the house on the morning of the 14th, and was unable to learn anything in relation to this woman's death; I waited for Dr. Marsh to find out the cause of | death, and after the post-mortem examination he toid me; I learned from Louisa, the daughter of the woman, that there was a doctor there; I learned from a girl that it was Dr. Gyles, and went up t6 112 Ninth avenue, and from the descrip- tion I got 1 immediately idemtified Dr, Gyles as’ th an; 1 said, “Are you Dr. Gyles ¥ he said, “Yes; we went into a private room; Tsatd, “That lady that you were attending in Thompson’ street is very ill, and her relatives want to see you he said, ending any lady in Thompson street; I sald, , you were attending Mrs. Lowden, 228 Thompson street ;"’ he then said, “1 DID ATTEND MRS, LOWDBN, but 1did not do anything to her; we went ina Bleecker street car; several times in the car he assured me he had not done anything to this woman; I said, “What do you mean by that—not doing anything to her?’ he said, “She wanted me to produce an abortion upon her, but I would not do it; it is a sin to do anything of that kind; I | wouid not do it for a MILLION OF DOLLARS;” upon arriving at the station house L sent for Miss rietta and Miss Lowden, both of whom identified les as the man whom they saw at their ; the Doctor said to me, “What is the mean- this, Captain, having’ these people come here to look at me % T said, “I may as well tell you the truch about this matter, Mrs. Lowden is dead the Doctor put out lis hands and said, two or three tim “did not do anything to her;” the Doctor stated tome in the car that Mrs, Lowden called upon him on the Friday or Saturday previous | to her death, A recess of half an hour was taken, to await the arrival of Dr. Mi: 5 TESTIMONY OF DR. MARSH. Dr. Edward 't. I. Marsh, the Deputy Coroner, was sworn and examined and minutely described the | appearance of the body when he was called in. He | was of opinion, frem the appearance it presente: That death was the result of a sndden shock follor ing an attempt at abortion, in which an instrument Was used, He was amined at great length and went into all the medical particulars in justitica- tion of his opinion, This closed the case for the prosecution, and the court adjourned till this (Wednesday) morning. THE WATER STREET STABBING AFFRAY. Resolt of a Drunken Debauch—Wood | Held for Trial, Coroner Young yesterday held an inquest in the case of George Wood, the sailor boarding nouse ronner, Who was fatally stabbed in the abdomen early last Friday morning in front of 376 Water street, by a long-hladed pocket knife in the hands of August Wood, a Swedish sailor. On the night previons to Woods b been drinking to excess, and at early morning they quarrelled about the trifing sum of twenty cents, which deceased refused to loan to the prison The testimony was brief, but to the point, there being ouly one witness to the stabbing. John MeGrath, of 376 Water street, deposed th he was acquainted with deceased and the prisoner; saw them after twelve o'clock on the morning of the 14th instant in front y quarreiled about twe cents, which fused to loan to the prisoner; they had a scuite, and deceased threw prisoneron the pavement and cut his head; prisoner got up, and deceased started » go home; prisoner called him back, and when he ol near enough the prisoner planged the knife into lis abdomen: the witness, who saw the knife pre- viously in the prisoner's hand, told him to put it np, but he did not; after the stabbing the prisoner | went up to his room, and gave hit in cl in officer, John Gleason, of iu street, testified that the prison rded with him; early on Friday morning prisoi 1 Up stairs and said, “Gleason, open the door, ediately after which prisoner burst open the door and ‘came inj saw the knife (shown) in possession of prisover two or three days previous to the stabbing both deceased and hy. t the witness kept watch Dominick Healy, of 378 W ceuged exclaim: “Oh, my 1, Vm dying; as- | visted in taking deceased to the Fourth precinct station house. Thomas Kavanagh, an officer of the Fourth testified to arresting prisoner soc stabbing: prisoner denied —stabt but on reaching =the station made seme admission to Captain the knife here shown behind ason’s room, in which prisoner had t, th | forced bimseif after the oecurre jarsti, Who made a post-mortem examina body, gave the cause of death, after er Young submitted the case to the Jury, whe rendered the following % VERDIOr. “That George Wood came to his death by hemor- rhage from a stob wound of the abdomen infiicted with a knife in the dis of August Wood, at 376 Water street, on the 14th day of June, 1872.” In his formal examination the accused said he was not gnilty. Wood, wiio is twenty-nine years of age, was born sailor by dcenpation. ‘The Coroner committed bim to. the Tombs to await bis trial FATAL LAMP EXPLOSION, Coroner Keenan was yesterday called to No. 380 Kast Tenth street to hold an inguest over the re- mains of Mrs. Sarah Regan, who died from the ef Depn | fects of extensive burhs received on the 13th inst, by tie accidental explosion of a kerosene lamp which she was in the act of Sing at the time. De- «f wae fifty-four yenre of age and & ative of AD iy the occurrence the | THE COURTS. pail aaa A NEW YORK HERALD, WEDNESDAY, JUNE 19, Interesting Proceedings in the New York and Brooklyn Courts. General Butler and the Steamer Nassau—Indict- ments in the United States Circuit Court—The Second Avenue Railroad Company's Bridge—Court Orders Against Comp- troller Gregn—Action on an Alleged False Warranty—Businessin the General Sessions—Decisions. UNITED STATES CIRCUIT COURT. General Butler and the Steamer Nas- sau—Close of the Prosecution and Open- ing for the Defence. Before Judge Shipman, . The suit of Henry A. Tilden against General Ben- Jamin F. Butler was called up again yesterday morn_ ing. ‘The entire morning was consumed in the crogs-examination of Mr. George Hunnewell, the original owner of the Nassau. He testified thata man called on him before the sale of the Nassau He was asked if he was the ownerof the Nassau; * he said he was, and a long conversation ensued, 1 was asked (continued witness) if! was the owner of the steamer Nassau; I replied I was;T was then asked if I would like to sell her, and I re- plied in the negative; the man then remarked, “I shall. seize her for the use of the government; I then told him that I would rather charter the ves- sell to the United States; that I was willing to let the government have her at the rate of $50 a day; Thad good reason to suppose that the man who called upon me was authorized to do so by General Butler’s brother; went to see General Butler about the matter, and the General said, I shall take the vessel at my OWN price—$28,000; 1 then left eral butier’s office with an orderly; I don't remem- ger whether the money was to be paid in currency; General Butler made a calculation to give me about $28,000; if did not strike Witness as singular that General Butler should stop to calenlate discount in the transaction; General Butler gave a small paper to the orderly and told me to go along with him; there was nothing for me to do at the Custom House; I had merely to sign the er; when I told Mr. Constanley at the Custon’ House that the steamer was about to be taken from me I asked him if he could not do something for me; Mr. Con- stanley had charge of making out the transfer Mr. Buell was with me when I got the check for the amount; I went with Mr. Buell to the bank; we then returned to my office; I divided the money there; I gave Mr. Buell $19,300; | paid Mr. Buell in the same bills I got at the bank. The Court here took a recess of bh Public interest in the case has lowe: bly, very few being present in Court, THE DEFENCE. Mr. Devlin opened the e for the defence, say- ing that the defendant, “the best abused man in America,” had been cruelly maligned and misrepre- sented during the last ten years, and that this was the first opportunity he had had of having one of his so-called “nefarious acts” passed upon by a jury of his countrymen. It had been asserted that General Butler and his brother, Andrew J. Butler, had made millions of dollars in New Orleans, and that Andrew J. Butler had retained from one million to two millions of dollars of this amount. This was utterly untrue, for Andrew J. Butler died bahkrupt, his assets not -being equal to 50 per cent of his abilities. It would be shown in the present case that the Nassau was not seized at all by eral Butler, but that General Butler paid her full value to Hunnewell, who was perfectly willl to sell the vessel, and who made out the bill of sale voluntarily in General Butler's ofice. It had been said by thé prosecutors that the seizure of the Nassau was made as the result of a conspiracy between General Butler and his brother, the latter monopolizing the towboat business below New Orleans, and fearing thay Hunnewell was about to make a towboat of the Nassau and compete with him. —-This'was utterly untrue, Andrew J, Butler never peree. any connection with the towboat business at New Orleans. General Butler never heard until this suit was instituted that his brother had ever obtained an interest in the Nassau. It would be shown that the Nassau was not worth more than $25,000, that being the amount she sold for at auc- tion in New York city a few months before she came into the possession of General Butler at New Or- Jeans, when he gave much more than her actual value to Hunnewell, who untruthfully represented himself to be her owner. The suit had been brought in this city because it was thought that there was enough prejudice here against General Butler to condemn him, whether justly or unjustly. ‘The suit should have been brought in Massachusetts, where both Hunnewell and General Butler live. TESTIMONY FOR THE DEFENCE, Charles H. Haswell, formerly chief-engineer of the United States Navy, who was then called by the defence, testified that he had examined the Nassau a few months before her sale to General Butler, and that she was then worth from $22,000 to $25,000, General Butler gave $28,000 for her. The deposition of Samuel P. Griffin was then read by defendant's counsel, to the effect that General Butler sold the Nassau to Mr. Griftin for the amount defendant had paid Mr. Hunnewell for her, with the i of alterations made by defendant. Case still on, If an hour, considera- n= New Indictments. The United es Grand Jury presented the fol- lowing indictments this morning eonard =F. Fowler, Francis Muloey and Patrick Keily, counter- feiting ; John MeGrath and Isaac Parks, smuggling; John Hintermeister and Charles Rohde, perjury, and Charles Lasclle, larceny on the high keas, SUPREME COURT—CHAMBERS. Bridge Over the Harlem River. Before Judge Barrett. The Second Avenue Railroad Company ys. The Mayor, &¢c.—The Dock Commissioners some time pany to remove a stable on the pier fronting Second avenue at 12vth street, and also some piles driven at the head of the bulkhead, on the ground that they were an obstruction to navigation and use of the wharf for shipping purposes, The stable ‘was removed, but the piles were not. After further notice, and the railroad company refusing to remove the latter, the Dock Commissioners sent some men toremove the same. Upon this a tem- porary injunction was asked for and granted r straining the Dock Commissioners from their removal. The case came up yesterday on an order to show cause why the injunction should not be permanent. Mr. O'Gorman, Corporation Counsel, stated that the railroad company based its right to have these piles undisturbed upon an act passed by the Lee jatnre in 1855, allowing them to build a brid | across the river at this point. This act, he i | sist: had been repealed by implication in the ter street, heard de- | ng | powers conferred on the Dock | He further insisted that the a | tional, inasmuch as it allowed the taking of public | property for private uses. He read an amidavit , | the engineer of the Dock Commission, yee forth that. the piles in question could not possi used in building a bridge. Mr. Slosson, on behalf of the railroad company, said that the piles referred to were driven into the buikhead only three years ago, and that the intention was to build a bridge at an early day, An agreement was then made with the Portchester Railroad = Company to — connect their road by this bridge. ‘This agreement fell through, but the intention of building a bridge still existed, aad a renewal of ne; the Portchester Company was in If they could not make such arrangement they would build the bridge themselves, He further urged t the piles were driven within the ex- bly be therefore that they were not trespassing upon te ritory under the control of the Dock Commissioner He claimed, further, that the removal of the piles would interfere with the company in the operation oftheir road through destruction of a portion of cars to Harlem River, which, by the provisions of their charter, they were allowed to do, as fully set ofthe company. A map was shown of the pro- posed bridge, to show that the building of the same | was a bona fide intention and not a chimerical idea. Judge Barrett said that when he granted the temporary injunction he had doubts whether ke should interfere with the Dock Commissioners at all, It was now evident to him that the plaintifts complaint alone, trrespective of the answer, dis- solved the injunction. Has Comptroller Green Shown Con. tempt of the Court? Orders to show cause in nineteen cases were granted yesterday, why the Comptroiler should not be punished for contempt of Court in refusing to obey its orders directing the vacating of Mlegal assessments. They were made returnable next Monday. In the matter of proving the last will and testa- ment of John Cleveland, &c.—Motion granted, Isaac C. Kendall vs. Beekman et al. sui ts).—Judgments nted. 8. N. 8. Knapp et al.—Mem- orandum for counsel. Francisco Siado et al, v8, Michael Corkins.—Plead- mith vs. Selmes et al. (four suits).—Upon the coming in of the referee's report judgment as indi- erence ordered, Pinckney et al. pogewell et al.—Reference Decisions. Daniel EB. Doherty vs. Judah Pierce.--Same. (three JE. Spraights et ings are wanted, cated will be granted without further notice, Ref- granted; order to Ae oD two days’ Lotice, to The Second Avenue Railréad Company's | since directed the Second Avenue Railroad Com- | terior water lines prescribed by the act of 1862, and | their track, and thus prevent them running their | forth in the atdavit of Harvey H. Wood, secretary | had not made ont a perfectly clear case, and on this | | give defendants a voice in the selection of the ref- eree. Kelly vs. The er Beeere Company,—Ex- tra allowance of $500 gran 5 Howe vs. Colom aidavit of service of the order to show cause js defective, Bridget Enright vs. John Enright.—Application for writ of na exent, rere is nothing in the motion to justify such a proceeding. ip the Matter of the Application of Bernard Mar- tagh.—Report confirmed and order granted, In the Matter of ae Application of John K. Bagley et al.—Order granted. Arnon et al. vs. O'Connor et al.—Judgment granted, Simon vs. Sampson.—Motion granted, jlesmen’s National Bank vs. Schafer et al.— ec. Duell va. Sackett.—Motion denied, J. R. Bedell et al. vs. Charles Lent, Jr., et al.—Mo- tion granted. =A . Gous vs. George Wynkoop et al.—Motion de- le J. C, Wentworth et al. vs. Thomas Gates.—Motion nted, In the Matter of P. H. Turk and Children.—Re- port confirmed and order granted. Davison vs. Stevens.—See memorandum. ker ‘Thompson.—Allowance of five per cent granted, The People, &c., Pomeroy vs. A. H. Gunn et al.— Reargument of the legality of the relator’s claim ordered to be heard on the 19th inst., at 12 M. John Snedecor vs. J. B. Dowell.—Motion granted, Buddensich ys. Frost.—in aMdavit of service does not state the hour when the service was made at Mr, Cook’s office. Henriques vs. Strong et al. SUPREME COURT—-SPECIAL TERM. Decisions. . By Judge Van Brunt, pede et al. vs. Burich.—Motion granted. Siedensticher'vs. Friedmann.—Findings settled. Merchants, Farmers and Mechanics’ Savings Bank . Miller. Findings signed. See memorandum. SUPERIOR COURT—SPECIAL TERM. Decisions. By Judge Freedman. Simon vs. Hiller et al.—Order granted. Darling vs. ClaMin et al.—Same. Koeller et al. vs. Roeder et al.—Same. COURT OF COMMON PLEAS—SPECIAL TERM. Decisions. By Judge Loew. write ve, Cassard,—See memorandums for coun- sel. Carey vs. Boyle et. al.—Default opened and refer- ence ordered, WRARINE COUIT—PART I. A Frult Case. Refore Judge Tracy. Lanning ve. Clausen.—In August, 1871, the de- fendant purchased from plaintiff about one hun- dred and filty barrels of apples, which he claims were represented to him asthe finest lot of fruit that had come into the market that season; and that although he opened one or two of the barrels, be he bought them on plaintims i haghng One undred dollars was paid on account, and this suit is to recover the balance. The defendant testifies that after disposing of the apples to his customers most of them came back with the complaint that, while both ends of the barrels were “topped off,’ or packed with fine fruit, the middles contained nothing but crab, cider and worm-eaten apples, compelling him to make a large reduction from the pricesat which they were sold, and for this he sets up 4 counter claim. The plaintiff's testimony ts that he only stated to the defendant that the ship- per represented them as fine fruit, but that he might goand examine them for himself, which offer being taken advantage o,f he claims that the rule of caveat emptor applies. Verdict for the plaintftt for $100. COURT OF GENERAL SESSIONS. Acquittal of a German Shoemaker of an Alleged Outrage Upon a Girl. Refore City Judge Bedford. The trial of Henry Rollberg, charged with com- mitting an outrage upon Matilda Miller on the 8th of April, which was commenced on Monday after- noon, was concluded yesterday. The statement of the alleged assault which the complaining girl gave before the magistrate and her testimony on the stand was different, and, as the acctised denied under oath having taken any liberties with her, Assistant District Attorney Fellows abandoned the charge. He said he believed it to be an impossi- bility for the defendant to have perpetrated the act charged against him in the position which she de- scribed. His Honor coincided with the views ex- pressed by the prosecuting oficer, and the jury ratified their judgment by rendering a verdict of not guilty without leaving their seats, COURT CALENOARS—THIS DAY. Supreme Covrt—Crrcvit—Part 1—Held by Judge Van Brunt.—Nos, 141%, 1043, 541, 1621, 1763, 3067, 1751, 2035, 2045, 723, 991, Part 2—Held by Judge Brady.. 8. G62, 6634, 770, BSI, 38444, 84344, 552, 6306, 568, 646, 656, 670, 720, 79045, 900, 27044, 584, 808, SUPREME COURT—GENERAL TERM—Held by Judges Leonard, Gibson and Ingraham,.—Adjourned to Mon- oe June SUPREME CoURT—CHAMBERS—Held by Judge Bar- rett.—Nos, 3, 6, 4, 52, 56, 75, 77, 78, 79, 80, 86, 87, 97, Call 101, Superior Court—TRIAL TeRM—Part 2—Held py Judge Barbour.—Nos, 1072, 1078, 964, 1040, 954, 1692, 1070, 1318, 1106, 1210, 1168, 1226, 816, 1392, 1394, Court OF COMMON PLEAS~ Equity TERM—Held by Judge Robinson.—Nos. 21, 22, 23, 24, 53, 15. Court OF CoMMON PLEAS—TRIAL TERM—Part 1— Held by Judge J. F. Daly.—Case on. Part 2—Held by Judge Daly—Nos. 78, 1665, 999, 2103, 11, 2075, 1494, 1559, 245, 1662, 1517, 932, 1651, 769. MARINE Covurt—TRIAL TeERM—Part 1—Held by Judge Tracy.—Nos. 8949, 9947, 8928, 8524, 9097, 9095, 9101, 9890 9911, 9083. Part 2—Held by Judge Spaulding.—Nos. 9162, 9174, 8229, 9108, 9167, 9159, 9969, 9191, 9966, 9155. BROOKLYN COURTS. SUPREME COURT—SPECIAL TERM. The Pacific Mall Steamship Company's Suit—Application for an Injunction. Before Judge Tappen. The argument in the matter of the application of James B. Bach for an injunction to restrain the Pacitic Mail Steamship Company from speculating with the surplus funds of the company was heard yesterday morning. Mr. John Bergen, in opening the argupent, stated that the company by its char- ter was permitted to accumulate a large surplus | fund to be on hand in case of sudden emergencies, He said that since November 15, 1871, when the defendants were elected officers and directors of the company, this surpins fund had not been dealt with or invested, as before that time the defendants had sold the securities in which it was invested, and since that time have been loaning the money to firms on Wall street on different kinds of securities. The platutit, being the owner of fifty shares of k, brings this action to compel the officers of the company to call in these loans, and invest the surplus or trust fund of the company in government or State bonds, or permanent nowfuctuating se- purities. Mr, Bergen read portions ol the testimony given by Alden Rf, Stockwell, the President of the | company, before the referee in the suit brought by Luther , Challis againet the company, and claimed that the funds of the company had been improperly used by the directors, and it was the province and duty of the Court to eompel them to in- vest the trust fund as any other trustee would be obliged to invest trust funds, He claimed that the act of the Legislature 1872, Was unconstitutional, ifit should be construed to give the directors power to use the surplus fund of the company in purchasing and retiring the capi- | tal stock of the company at par or thereabouts, ‘The act referred to authorizes the company to reduce its | Stock from $20,000,000 to $10,000,000, “It would be a very nice s mation if the directors can loan the surplus fund of the company and use it so as to run up the price of the stock, and then buy, with the surplus fund, for the con y, at a high price, | the stock which themselves have bought when the market was low, thet putting into their own pockets $5,000,000 or $10,000,000, Mr. Stoughton for the plaintitf stated that prior | to November 15, 1871, the surplus fund amounted to over $5,000,000, and I been invest rities, such as governments, Since that time, and | the election of the defendants as directors and ofi- cers, these securities had been converted into cash, and the proceeds had been loaned on time or call loans on various securities. The aitidavit of Mr. Stockwell, purporting to be a full and tabular state? ment of the loans, &c., in pursuance of the order made by Justice Tappen, is very evasive, and the particulars ed for are not given, in con- temptuous disregard of the order, The statements contained in the affidavit show, however, that the directors have invested the fand of the company in a manner inevhich they have no right to invest it. They have no discretion as to how they must invest it, but it ts their <= duty to invest it in safe secu- rities, or any stockholder may call upon them, with the aid of a court of equity, to do go. There was under the charter no obligation upon the trustees to favest the money, butif they do invest it they Tmust invest itiu government or real seeurities as the rule of law requires, Mr. Fuller for the defendant argued that there was no evidence, no facts before the Court which showed that there was any case for the plaintiff, any reason why an injunction should be granted. There i@ nothing to show that the directors threaten or intend in the future todo any thing in violation of law. He claimed also that the directors of & corporation were not to be classed in the same category as chancery trustees. The primary duty of the gnardiam of an infant, or the trustee of a lunatic or married woman, is to preserve the fund and assure an income for the cestui qué trust, but the duty of the directors of a corportion is to make ali the money for the stockholders that they can, Homer A. Nelson rollowed, and alleged that this action was merely a scheme tw depress the value of of May: 12, | | tailor by occupation, 1872—TRIPLE SHEET. the stock for the benefit of the plaintiff and his fellow conspirators. Decision reserved. CITY couRT. Suit for Alleged False Imprisonment— $20,000 Damages Claimed. Before Judge Neilson. John Lindsay brought suit against Zadock H. Jar- man, of the firm of Treadwell, Jarman & Slote, of New York, to recover $20,000 damages for alleged false imprisonment. In November, 1869, the firm sold some clothing to 2 man who gave his name as G. W. Farrington, and who ordered them to be delivered at 22 Willow street, Brooklyn, when he would pay for them. An errand boy delivered the clothes at the number stated toa party represent- ing himself as Farrington. The party requested The bey waived, but te party by the’ name of Far: The boy waited, bu Pi P rington ox re Gani Result—Treadwell & Co. ere Out a sult of clothes. w ‘About two years and a halfafter this, in March Jast, the plalnéler was arrested at the Fulton ferry on the charge of being the swindler. At the re- quest of Jarman the defendant, Lindsay, was held at the New street (New York) police station until the following morning, when he was taken: to the Tombs, where he was discharged by Justice Dow- ling, ‘The defence is that Jarman was informed and believed that the plaintiif was the party who got the clothes, Case on. BROOKLYN COURT CALENDAR, Crry Count.—Nos. 254, 209, 79, 100, 280, 180, 245, 251, 283, 112, 19, 2, 9, 11, 12, 18, 48, 22, 257, 132, 133, 165,' 208,'147, 208, 235, '148,'4, 259, 260, A JUST PUNISHMENT. ae Whipping of a Faro Bank “Runner” by a Kentuckiax—Excitement on Broadway. About three weeks ago Mr. James B. Taylor, of Kentucky, arnved in New York from Louisville, and put up at the house of his friend, ex-Police In- Spector Jameson. Since that time Mr. Taylor has been going about the city t#ansacting business, sometimes accompanied by Mr, Jameson and some- times by his son, Dr. Taylor, who is also stopping at the house of the ex-Inspector. Mr. Taylor is a gentleman of considerable fortune, and deals largely in horses. During his stay in New York Mr. Taylor has disposed of several vatuable colts, and was on his way down Broadway one day last week to settle a contract for a fourth, at present In one of the stables in Kentucky. When opposite the New York Hotel on his downtown course Mr. Taylor was accosted by a well-dressed, “affable gentleman,” who extended his hand to the Kentuckian and inquired after the folks in Louis- ville. Mr. Taylor, somewhat taken by surprise, answered they were all well, but imtimated to the “gentleman” that he had rather the advantage of himself on the point of acquaintance. This little matter the “atfable gentleman” endeavored to ex- plain, without, however, being able to convince Mr. Taylor that he was an old friend. On this occasion the “affable gentleman” did not remain long in the society of his newly-found friend, as the latter was jn a hurry to keep an appointment; but the next day he again met Mr. Taylor and introduced another “affable gentleman,” who happened to be with him, This time Mr. Taylor was again obliged to dispense with THE CHARMING SOCIETY of the gentleman, as he was going to buy a couple of carriages at alarge Broadway warehouse. Being desirous of purchasing some diamonds and having @ number of stones setéhat he had brought with him from Kentucky, Mr. Taylor asked his friend, . Jameson, if he could recommend him to a good house for that purpose. The ex-Inspector intro- duced the Ken sucky gentleman to Heltner & Co., on Broadway, and Mr, Taylor was on the point of going into that establishment yesterday afternoon when he was again met by the “affable gentleman.” While they were Lees, to him OMicer Delany, of the Broadway squad, called Mr. Taylor aside and asked him if he knew who the parties were that he was in conversation with. e Kentuckian said “No; they are some gentlemen I met here in New York.’ “Weill, you had better look out,” said the patrotman; ‘they are ‘ropers’ for a faro bank.” “Tam much obliged to you,” answered Mr. Taylor, “T think I can take care of myself tow.” Upon that he turned to the “affable gentlemen” and said:— “Gentlemen, you must excuse me now, I have some business to transact here; good day ;”’ and he went into the store. He had not been many minutes in the place before one of the “affable gentlémen” ap- peared upon the scene and beckoning to Mr. Taylor said, “I want to speak to you fora moment.” The Kentuckian went to him and the “affable gentle- man” began to talk to Mr. Taylor in a rapid manner, with the index Inger of his right hand pointed at a diamond cluster pin the rentleman was enn in his shirt front. The Kentuckian, thinking the “affable gentieman” harbored some evil designs against the valuable cluster, doubled up his left arm and dealt the “affable gentleman” a powerful blow, that upset him. A rongh-and-tumble fight was the result of this reception, and the “affabie gentle- man” gaining his feet for a moment endeay- ored to strike Mr. Taylor across the face with a cane. The Kentuckian snatched up a bottle of red ink that happened to be at hand and flung it at the “affable.” ‘This so completely disconcerted the “gentleman” that he fled precipitately from the store. The people in the street, MISTAKING THE RED INK’ FOR BL8on, raised a shout and pelted atter the fying “affable” as he rushed from tue scene of the melée. Down Broadway he dashed with his white clothes, shirt and collar covered with the red fluid, followed by an excited crowd shouting “murder.” Gaining Bleecker street, he suddenly turned into one of the dens of the craft in that locality and was lost to the populace, When the row AN, OF, at least, when Mr. Taylor dealt tne « the first. Ken: tucky crack, Mr. Heitner sent for Captain Irving of the detective police, who detailed De- tective Farley to look into the — mat- ter, Officer — Farley immediately _ started for the diamond store, but the only reminiscences of the battle he could find were the hat and stick of the “affable” and a quantity of red ink spattered about the waus of the establishment. The ‘hat M Taylor took possession of and danced an artistic breakdown upon the crown, as far as the Hmited space would permit, and in this way got rid of the residue of his unspent indignation. The cane was taken to police headquarters by Detective Fark where the “‘affable gentleman” can apply for it and no doubt the police will be willing to restore it, and at the same time give the “gentleman” such other little attentions us the requirements of the case demand. BROOKLYN GS AFFAIRS. Serious As: ht. ‘Thomas Patten, who resides at the corner of Jay And Water streets, was found on the sidewalk near his residence, at an early hour yesterday, in an in- sensible condition and badly injured, It was ascer- tained that while intoxicated «he got into an altercation with some unknown parties, who knocked him down and beat him, His jaw bone was broken, and he was seriously cut and bruised about the hesd, He was removed to the City Hos- pital for treatment. ; The Negro Homicide. Yesterday Coroner Jones held an inquest over the body of William Albert, the negro who was killed at Flatbush last Sunday morning. The prin- cipal witness in the case was a negro named John William Robinson. He testified to having witnessed the assault on the deceased, Jacob Anderson, he said, picked up two stones and threw them at'the deceased as he was moving off. The first stone missed him, but the second struck him on the head = and = knocked = him Senseless, The jury found, therefore, that the deceased came to his death by being struck on the head with astone by Jacob Anderson on the moruing of the 16th inst., in the town of Flatbash, Anderson was committed to jail to await the wction of th ud Jury. A Corpse in « Station House Cell, On Monday night Otto Flodin, a Swede, and a condition, which led a policeman of the Ninth pre- cinct to believe that he was intoxicated, and he wasat once taken to the station ho It was discovered that the man had rece: a frightfal wound on his head. A physician was summoned, the wound was dressed, and the man was placed in a cell. The doorman looked in-upon the injured and suffering prisoner twice belore fayilgnt, and upon the second visit to the cell foundthe man a corpse, The next thing in order was to inform the Coroner of the death of the man, Whose name and residence was not known at that time, but were subsequently given by some friends of the deceased who recognized the body. Fiodin lived in Somerville, N,J., and had been having © lively time for a week in New York and Brooklyn. On Saturday night a party of boys, ranging from eighteen to nineteen years of gave consider. able annoyance to John Connor, a rag picker, living ina basement in First avenue, between Seventy- venth and Seventy-eighth streets. Connor fired several shots at his tormentorn ‘opp lhe hy Md took effect on Ed. King, wvived several buckshot in his breast. The police of the Nine- teenth precinct heard nothing of tho aifair until yesterday, when a cross-complata( living been made between King and Connor, both were ar- rested, A comrade of King’s, named Daniel Dona- hue, was also arrested, Justice Coulter, before whom the y were arraigned, beid Conner in 1,000 bail to augwer, and the cther two in $500 anewar bate was fouml in an enfeebled | HEIRS OF SIR FRANCIS DRAKE. The Claimants of $125,000,000 in Council. —— in Jersey, Pittsburg, Sag Harbor, Long Inland and Michigan to Be- come Millionaires, A STRANGE AND ROMANTIC STORY. At eleven A. M. yesterday about fifty persons gathered together at Brooks’ Assembly Rooms, Broome street, who claim to be the lineal deacend- nts of the great English Admiral, Sir Francis Drake, and the legal heirs of the immense Property Which the female branch of the family hold in Devonshire, England, Sir Francis Drake, the head of the family, and ’ the chief of the naval worthies who flourished in the reign of Elizabeth, was born in Jainstock about the year 1546. His father was a poor clergyman, ~ and Francis was the eldest of twelve sons, nearly all of whom were bred to the sea, While yet a lad he was appointed to the master ot a coasting bark, and in the humble capacity of a seaman made fre- quent voyages to Holland and France. He soon grew to be @ thorough master of his rough profession, and 80 gained the esteem of his master, that when the latter died he left the young seaman all he possessea— his bark, Drake continued in the coasting trade for some time; but his adventurous spirit soon tiring of the wearisome monotony of Channel voyages, he sold his vessel and proceeded on a voyage to the West Indies, during which he suf- fered much ill-usage and loss from the Spanish cruisers tn the Main. On his return to England he joined the squadron of Sir John Hawkins in an expedition against the Spanish, which, though unsuccessful, did much to qualify Drake for his future career, He returned to England, after the loss of all he possessed, but» with an amount of experience gained, and a hatred of the Spaniards which marked him through life, and has only been equalled by Nelson’s antipathy to the French. In 1572 , he succeeded in fitting out three small vessels, and with these he boldly sailed into the Main on a voyage of reprisals. Failing in an attack on the city of Nombere de Dios, he landed on the Isthmus of Panama, and captured a large amount of trea- sure which was about being conveyed on mules for exportation to Spain. in the course of this voyage anative guide, who led the English across the isthmus, showed Drake a lofty tree, from whose summit might be seen the Pacific Ocean, along which no European flag save that ef Spain had ever floated, and whose coasts were supposed to con- tain untold wealth and magnificence. Drake climbed the “lordlie and great high tree,” as he termed it, and when he gazed on the. boundless ex- panse of ocean he, with great solemnity, “besought God to give him health and life onee to sail a ship upon these seas.’’ This prayer of Drake's did not go unanswered, for on his return to England he succeeded in rais- ing @ squadron, and with it sailed for the Straits of Magellan. The expedition consisted of five ships, the largest of which was only 500 tons, On the voyage a mutiny and conspiracy against the head of the squadron occurred, which was only sup- protmen by the execution of the ringleader, mas oughty. Drake emerged into the Pacific with one ship, the Golden Hind, but the voyage was so per- ilous and the navigation so aificult that all his consorts perished. ith the one vessel left the un- daunted Admiral commenced tu attack the Spanish treasure ships, which were sailing in fancied security along what had hitherto been, to every other nation but their own, the untrod- ) den ocean.’ The Golden Hind was soon laden with treasure and valuables, and Drake thought of returning home, but the presence of a large force in the Straits deterred him from return- ing that way, and he boldly conceived the idea to seek a passage home oy the northern coast of Amer- ica, and, by unrivalled skill, worked his ship to a high latitude in the Polar Atlantic. From tnence he steered westward for the Phillipine Islands, and finally arrived at the Cape of Good Hope. He dou- bled the Cape on the 15th of June, 1580, and on the 26th of September the Golden Hind came safely to anchor in the good city of Plymouth, after an ab- sence from England of two years and ten months, The fame of his exploits, the wealtir he brought home and the renown he had gained had been al- pewcom 4 noised abroad and had reached the ears of royalty. Queen Bess, who, whatever might be her other faults, knew how to reward merit, hastened to Plymouth, knighted the daring adventurer, who was then about to safl around the world, and, with her court, she dined with him on board the Golden Hind, His subsequent exploits are familiar to all readars of English history, He grew high in the estimetion of his sovereign, and when the Invincible Armada sailed against England, with Lord Howard, of Frobisher, he mainly contributed to its defeat. In 1595 he sailed with Sir John Hawkins on nis last ex- dition against the Spanish West Indies. The lish were unsuccessful in the enterprise, and e brave Admiral fell a victim to the diseases of the climate, dying on board his own ship in the harbor of Montebello, on the 25th of January, 1596. Drake left an immense -property behind him, which has been gradually accumniating, until now it is roughly estimated at the enormous sum of $125,000,000, situated in the county of Devon, Eng- land, ‘The meeting yesterday was sharp and interest- ing. Whether Sir Francis would be proud of his, descendants or not is a question which he alone can decide, but they certainly did not. present the appearance of aristocratic ease und retinement which the representatives of a family of such long descent would naturally be supposed to possess. ‘The chair was taken by Horace Doolan, of New York city, astont, punchy man, with a bullet head and a fat, ruddy countenance. The Secretary, who rejoices in the name of Beckworth, hails from the | good city of Philadelphia ; is a sleek, oily individual, | With @ meek countenance anda singular bald spot on the top of his head. Scattered around the room | were solid-looking farmers in garments of home- | spun, strong-minded females with voluminous hats | and short hair, who did most of the talking, and helped to relieve the monotony of the proceedings. The male branch of the family are supposed to have come over with the Pilgrim Fathers, aud the motley assembly yesterday claim to be the repre- sentatives of the malesline, | The claimants are scattered over all parts of the Union, and every day fresh ones are turning up. | They came yesterday from smoky Pittsburg, godly Phikdelphia, Sag Harbor, Staten Island, ne Island, Jersey, and other parts unknown—on all their features expectancy sitting, as if they were gathered ig god at the reading of a will, ‘In the corner of the room a huge bag of bistuits and a pitcher of water were visible, of which the audieyce steadily partook, justifying their Claim to be bone of the Admiral’s bone and flesh of his flesh, by indulg- ing. in an unlimited quantity of hard tack, The Secretary made along report of what had transpired since the last meeting, in February, and resented a number of documents received froin England, with a genealogy which would puzzle Sir Bernard burke, Dr. Shelton Mackenzie or a Welch- man to unravel. He said the property involved BOW amoupted to $125,000,000, At this point a little man, who looked like Daniel Dancer, and who held the nob of a large stick to his nose to assist his hearing, jumped out of hi chair, exclaiming, “Eh! what! oh!’’ and then re- lapsed into idiotic silence, vainly endeavoring to comprehend the magnitude of such a sum. The Secretary read a list of the princtpal ciaim- anis, men cioning families which had been intimately associated with Trinity church in times past, An old lady pricked up her ears at this, and playfolly tapped an old gentleman by her side on his bald head with her parasol. She was one of the family alluded to, and them attacked the biscuits again | with increased zest. ‘A fomale with an overpowering expanse of breast, + | attired in a black silk dress, and wearing her hair at Tennie Claflin, here came forward, and in an animated speech moved that no consideration be given > those heirs who neglected to be present. rried. Al who had ciaims were called upon to send the in, no one being atteuded to which could not produ in its support the coat of grms of Sir Frands Drake—a large ship on a small world, with two. This device and crest was the especial gift of Elizabeth to the Admiral in his knighthood, ‘The Pittsburgh claimants caused @ great amount. of coniusion by the amougit of atteution they claimed, but they were Serer disposed of hy resolution. The progress reported by the Secretary did not seem to give satisfaction, no connecting link with the English family having been yet es- tablished, A farmer from Allegheny, clad in Oxford gry, moved that no het aliould dispose of his claim to any coming from England to buy it w This seemed rather unnecessary, but tt was unanimously passed, A motion was made to adjourn until the 24 of October, which, after some discussion, was passed, and @ rush was made at the crackers which re- remained, after which the heirs of Sir Francis Drake gathered up their coats, hats, umbrellas and carpet bags ana departed to their res) ve ent owners of the property in Kngland are in no way uneasy, anid have tuken DO steps to defend their claim, Captain Kidd Outdone—Fonr Hundred Dwellers (\ dragons in the rigging, their heads downward.’ «© homes. It may be necessary to add that the pres ©