The New York Herald Newspaper, June 26, 1872, Page 8

8 IHERMAN'S MARCH TO THE CAUCASUS Continnation of the Old Hero’s Course Through the Empire of the Czar, Departure from Yalta—The Voyage to Poti—The Old Greek Colony of Theodosia—Vartar Vil- lages—The Valley of the Rion—Scenes Along the Way—In the Heart of the Caucasns—Yalta, Batum, Poti and Kutais, Kurats, May 10, 1872. Sherman's party left Yalta the day after arriving there, having stopped Just long enough to geta very good dinner at the Hotel of Yalta. While on this subject I may as well remark that this was not the only banquet we unexpeftedly gave at the in- vitation of other people. Going upon the boat next morning somewhat fatigued by the festivities of the previous night, we found a neat and inviting collation spread, which we were en- waged to partake in the most polite and affablo manner by an officer who had been de- tached to accompany us, and who also invited several other people to assist in an authoritative, ceremonious ¥ which did us the greatest honor, and which made us think it was nota bad sort of thing to be travelling as voyageurs de distinction stopping here and there by the way to indulge in the good things the respectful admiration of the natives caused to be set before us, The satisfac- tion of our meditations on the subject was, how- €ver, slightly alloyed some time afterwards, when we were presented with a bill for the whole break- fast, including everybody who had been present, which bill our financier, Colonel Audenried, paid with an air of calm superiority and ma‘ter-of-course Way that caused some doubts and apprehensions which had been gathering around us to vanish like chal before the wind, The ofMcer had been 80 busily occupied, and the boat had left so hurriedly, that he had gone off and FORGOTTEN TO PAY THE BILL, at is likewise possible, he had paid it, and the had been prudently laying up something for his old age. It was avery amusing and ‘char- acteristic little incident, affording food for much unseemly and ironical mirth to some of the party, and Mr. Curtin had to acknowledge that this time his guests had got the better of him. THE VOYAGE TO Port, The party had taken passage for Poti, the nearest port of the Caucasus, where it expected to arrive in four days. There is no quay at Yalta, and the landing of goods and passengers 1s therefore effected by means of small boats and lighters, a very difficult and even dangerous operation in bad weather, as the bay of Yalta is altogether unprotected on the south, and the waves sometimes come rolling in to the beach in a way that would capsize or dash to pieces the strongest boat. We were favored with calm Weather, however, and after some rowing back- ward and forward we all got safely on board the Steamer, and were soon off coasting along the southeastern shore of the Crimea, in the direction of the Sea of Azot. We had an exceedingly pleasant voyage to Poti, ‘though it was somewhat monotonous and tame, for there was no bad weather and no exciting events occurred to disturb the even tenor of existence, A lazy, sleepy voyage, during which there was noth- ing to do but pace the deck, smoke cigais and watch the rippling waters on one side glistening under the light of the warm sunshine, or the ROCKY, PRECIPITOUS COAST on the other, that sometimes rose tail and dark and threatening, or sometimes retreated from the sea and rose to the distant horizon in gentle, wooded slopes, and then once again boldly advanced out into the water and broke up into pro- montories and headland forming little bays and inlets, and disclosing ‘Pp gorges and narrow defiles. Through these defiles might occasionally be caught glimpses of snug little valieys, sur- rounded on ail sides by the steep, dark moun but smiling li he Garden of Eden, with h there a Tartar vills built against the sic ep ascent, its flat mnd roofs rising above one another like a wood stairway, shaping ever varying forms of beauty, on which one might g: in this misty golden atmosphere, and drew jd gaze the livelong day, and never tire. Our boat was rather @ dirty old aflair, of the Russian steamboat mo- nopoly, MUCH GIVEN TO RATS, and bad smells, and had a disgusting way of rolling about and interfering with people's stomachs even in calm Wweath ‘The only time I was ever sea- sick in iny liie Was on this boat, while lying before Poti, trying to get over the bar, As to the rata, altiough they you to oceupy the cabin during the day time, they evidentiy looked upon it as their property at night, and respectiully but firmly insisted upon their rights as soon as the shadows began to gather. ‘They had nests in the piano, having probably an ear for music, and they intabited the cushions and divans vo such an e¢ that one always had an uncomfortable feeling When sitting as of “pressing the We out of young” and inexperienced rats who hud uot yet learned the uses to which thetr homes were devoted by the outside world. The fare, ho’ ever, was excellent and cheap, far surpassing in this respect anything I have yet seen in Kussia, re was a very good selection of books, nglish, among Which were Shakspeare Scott, that served to while away the eu of anything better. We were not, however, at this stage of our journey, the gayest party in the world. We were, on the contrary, I am afraid, a little dull, and PRINCE DOLGORUKY, who accompanied us, was in despair, saying he had never seen a party of Americans who drank Bo little or were so generally stupid, and probably with a view to making up for the shortcomings of Others, indulged in vodka and English pale ale to ‘an alarmi tent. The party stopped asew hours at Kertch, situated in the strait, bewween the Azof Seas, without landing, and about an Josia, the old Greek colony whose his- ‘kK until it 1s Jost in the dim twilight of the past, 500 years before Christ, As we had but little time to stop here we were Obiiged to content ourselves with a walk around the old Genoese Citidel and a view of the place as seen irom the sea in the dusk of the evening, Silent and gloomy it lay in the gathering darkne no lights to be n, HO noise Of trafic to be heard, still and lifeless as the dust of the heroes who lived and loved, and fought and died here twenty- four hundred yeais ago— A SPECTRE HOVERING OVER the tomb of a brave and once mighty people. There is little of interest to be seen there now, the vandalism of the Russians having spared little or nothing oi the ruins that formerly rendered it interesting and which had been respected even by the Tartars and Turks. Arriving at Poti we found the sea 80 rough that it Was impossible to get over the bar at the mouth of the ion ri and aiter waiting vainly ior some hours, pitching about out- side, Steam Was put on aud tie boat sieered for BATUM, @ Turkish port on the Caucasian coast, a few hours further on, where we arrived inthe evening, and found we should have to wait about thirty-six hours for a small steamer to take us back to Poti, We we idly received by the Russian Consul here, who gave Us a very good breakfast, and with whom We passed a very pleasant evening. We killed tame As Well as we could, Walking about the squalid lit- tle town, Which was interesting on account of its Asiatic wnt Turkish characteristics ; peering curi- NEW YORK HERALD, WEDNESDAY, JUNE 26, 1872—TRIPLE SHEET.. high massive and mighty above the rest, = ay tall and slender and graceful xs a aiden; others sharp and ragged like the teeth of &@ saw; some as round and smooth and beautiful as a white bosom; but Ararat, from whose summit four thousand years flew forth the dove ans the raven over the wide expanse of waters, was not visible; and although we afterwards. passed within less than one hundred miles of it not one glimpse did we catch of the famous mount whence * NOAH AND HIS SONS. looked forth ona drowned world, Our near ap- proach to the land as we advanced into the harbor of Pott—if harbor it can be called—soon cut off our view of the delightful vision, to our great regret, and we saw it no more. We breakfasted at Poti, where we were met by an_aid-de-camp of Count Levachoi!, the Governor of Imeritia, and took the train for KUTAIS, the ancient Cyta and capital of Colahis, where we arrived the same day. The valley of the Rion, be- tween Poti and Kutais, through Which the railroad runs, we found, contrary to our expectations, very fertile and well cultivated. We were now in the heart of the Caucasus, and expected to see only wild hordes of Mingrelians, Imritians and Georgians careering over the plains on horseback, making war upon us, or, better still, offering to sell us their beautiful WILD-EYED, DARK-HAIRED DAUGHTERS. We saw nothing of the kind; but oxen ploughing in the fields, turning up the rich black soil, poune of laborers here and there, men and women, in pic- turesque costumes, it is true, who stopped from their labors to watch the train go by—all the marks. in short, Indicating a steady, hard-working, indus- trious people. For my own part I was considerably disgusted with this state of affairs, for I had ex- ected to see something wild and savage and fanci- 1, such as I had so often read about, and I little dreamed of the change fifteen short years of modern civilization had wrought in this romantic and far- of country. But these signs of progress are, to tell the truth, such as denote a very new civilization, There are log cabins, like those seen on our own Western frontiers—felds still full of stumps, showing where not long ago, stood noble forests; clearings full of burning heaps of logs and brush where soon wiil be fields of wav’ ing corn. Here in the very cH E OF THE HUMAN RACE are going on the same processes of transformation and breaking in the stubborn soil, so long run wild, as may een in the forests and plains of our own far West, Itis the backward wave of that gieat tide of civilization that went out from this spot when, near here, Noah planted the first vine and got on his first drunk 4,000 years ago. EXPLORING THE TERRITORIES. Bde Stas A Great Work Carried on by the Government— A Body of Experienced Scientists Searching the Western Country—New Discoveries and Useful and Interesting Devel- opments Expected from Utah, Montana and Colorado, CaMP UNITED STaTES GEOLOGICAL art NEAR OGpeN, Utah, June 19, 1872. There ts a great work carried on under the De- partment of the Interior which hitherto has at- tracted but little attention outside of the scientific world, I refer tg the geological surveys of the Territories, which for many years have been made under the direction of Professor Hayden, the United States Geologist. But as the great belts of railroad span our country the utility of these ex- plorations has been brought before the general public through the reports containing so much in- formation regarding the mineral and agricultural resources of the country. The survey is not con- fined to geological investigations alone, but em- braces all branches of natural knowledge, the for- mation of the earth’s crust, the flora of the region through which we pass, its richness in coal, iron or the minerals, Besides, large collections of mammals, fishes, reptiles, insects (particular atten- tion being given to those destructive of vegetation) are made by those of the party making a special study of these branches of natural history. An ef- ficiggt corps of topographers are attached to the exptdition to make both geological and topographi- sal maps of the country, and as we pass through a country this year hitherto unexplored—the land of the Tetons—peaks of the Rocky Mountains that can be seen for three hundred miles, by fixing on these as points of observation, they will be ena- bled to take the WOpOUSDDY of a vast area of country, Our camp ls at present pitched on a pleasant plateau, about eight miles from Salt Lake, and our ichthyologist and botanist have already ously into the queer little shops of the | bazaars or the laiticed windows of the ha- rems; listening at sundown to the prayers of of the Mussulmen nigh up in the alr, as sung forth in shrill, piercing voices j1om the tops of the slender minarets, to which tie people in the streets below responded by knecling down anywhere and putting their faces to the ground; watching them perform their evening ablutions at the fountain, and light ing their fire as the darkne set in on the earthen floors of the queer little shops, that, being entirely open on one side, served to light up the streets with a flickering, smoky ylare, not at all disagreeable, until they went out and the night wore on and darkness settled down over the pi and no sound was heard but the occasional yelping of some Turkish dog more than usually annoyed in his siumbers by the fleas, or the cry of some wild animals upinthe mountains. The party aiso re- ceived the visit of the Turkish Governor, a y ngly little man, about three feet high, who was exceedingly polite and seemed to have @ very fat- tering opinion of its greatness and distinction. ONE OF THE MOST REMARKABLE THINGS to he observed among the customs of the people, and especially of Europeans livingin the East, is the great number of languages svoken by every- body, For instance, there are some eight or nine spoken in the family of the Russian Consul here— Kussian, English, French, German, Greek, Arabic, Georgian, with two or three dialects of the coun- try; and children of five and six years old speak as many languages as they have years quite as fluently as other children who never speak but oue. ‘Speaking many languages has become as juuch & habit with them a4 speaking one has with us, Port. Our boat having at last arrived we got on board and started back to Poti at four o'clock in the morn- jug. ‘Ihe sun arose brigit and ¢lear, and when we Went on deck we beheld with astonishment and de- Ught, sharply defined against the eky, at the dis- tance of three hundred tiles, white and clear and pure with their eternal snows, the beautiful CAUCASIAN RANGE, listening and reflecting the sunlight like moun- fans Of burniabed puves, There was dispelled the idea of this inland body of water being a ‘dead sea,” by having obtained = quantities of piscal and’ botanical life from its waters. Since our arrival we have been. busy drawing supplies from Fort Douglas and in organizing the party, This isno small undertaking, but all runs smoothly under the experienced direc- tion of Mr. Stevenson, the general manager. THE PARTY WILL BE DIVIDED into two sections ‘or the summer work. The first will proceed to Fort Ellis, Montana Territory, a dis- tance of 500 miles. From this point they will ex- plore the valleys of the Madison and Gallatin rivers to their sources, also the headwaters of the Yellow- stone, the main object being to survey as far as practicable the most important water shed on the continent—for ip this region, within a radius of fifty miles, may be found the sources of three of the largest rivers In our country. Here Snake River takes its rise and empties into the Pacific by the Co- lumbia. Here, too, Green River first appears, which, uniting with the Grand, forms the Colorado an empties into the Gulf of California. Here also is the source of the Yellowstone, which, after coursing through our continent under the names of the Missouri and Mississippi, finds its way to the Gulf of Mexico. This will be one of the most important topographical surveys ever made, for no accurate map has ever been made of the sources of these rivers, or the great peaks lying among them ever definitely located. SECTION NUMBER ONE. This section is composed of Dr. charge; Mr. Beckler, topographe and Walsefield, astronomers; Mr. Logan, Secretary ; Mr. Holmes, artist; Dr. Peale, mineralogist; Mr. Savage, assistant geologist, and Messrs. Platt and Greve, general assistants, SECTION NUMBER TWO. the larger section will be under the charge of Mr. Stevenson, and composed of the following corps :— Professor Bradley, geologist; Messrs. Burck and Herring, topographers; Messrs, Jackson and Camp- bell, photographers; Messrs, Adams and Coulter, botanists; Mr. Carrington, ichthyologist; Mr. Mer- riam, ornithologist: Mr. Nicholson, meteorologist; Mr. Jacox, naturalist; Messrs. Beveridge, Brown, Jones, Negley, Taggart and West, general assist- In addition to the above there is the neces- sary complement of teamsters, cooks, hunters and men of ail work. This ‘ty will march through northern Utah and Idaho Territories to Fort Hall, where the wagons, tents, Ac., will be abandoned and the pack train resorted to for transportation. THE ROUTE will then be continned up the valley of Snake River, thus approaching the Tetons from the South. The passage of these peaks i8 to be foreed, if possible, 80 as to mect the other section of the expedition on the northern side, and thus unite the survey. This route was attempted by Colonel Rayuolds, of the United States Engineers, in 1860, but Josing several men and horses together with his provi- sions in endeavoring to cross Snake River, he was obliged to return without accomplishing ‘his pur- pose, If we succeed in effecting a junction with our comrades we shall return by parailel belts and thus cover a large area of country. It wili be seen that this section is strong in collectors of natural history; the country through which we march is very mountainous and wild in character and we hope to discover Many new species in the various branches, All the collections are revised by eminent scientists in the East and their special reports appended to the general one by Dr, Hayden, THE SURVEY THIS YEAR will include also a part of our ‘National Park,” the scene of our labors of last year, and since reserved by Congress to be a public pleasure ground for travel and recreation. This was considered neces- sary to preserve the Geysers, mineral formations and other beautiful physical phenomena of a fragile nature, It isa grand idea—a “National Park” of 3,000 square miles, containing some of the finest scenery in the world, together with the Yellowstone Fails 350 feet high. This was done at the recommenda- tion of Professor Hayden, and was a worthy recog- nition of his energy in exploring that country last summer. J shall report our doings when we reach Fort Hall. Hayden, in Messrs. Gannet THE RECENT TRIPLE TRAGEDY. Death of Another Victim—Mrs. Maggiori Recovering. Louis Margraf—the young German who was shot in the head and hand by his brother-in- jaw, Carlo J. Maggiori, an Italian painter, in East Houston street, on the afternoon of thé 10th instant—died on Monday evening in Bellevue Hos- pital, where he had been under treatment since the oecurrenc Magzgiori’s wife had left him on ac- count of iil treatment, and on the day named he called upon her at 415 East Houston street for the pretended purpose of negotiating for a separation or a divorce. On leaving the room and Peete me | the bottom of a fight of stairs Maggior! drew 4 pistol and shot his wife in the left breast, Margraf, who was present, interfered to protect hig sister, and in turn pursued Maggiori into the Eleventh precinct station house. where he shot him in the right loin as he was running up the stairs toward the Captain's desk. Maggiorl died in three days afterward, and now we record the death of Margraf, A post-mortem examination on the body of young Margraf showed that he had extensive valvular disease of the heart, which greatly tended to hasten his death, Had he been oD tad health it is quite possible that Margraf might have survived his Inju- ries. Mrs, Caroline Maggiori is still confined in the hospital, but hopes are entertained of her recovery. Coroner Young has the case in charge, but the investigation is gw reduced 10 @ were formal MBALiyly CORPORATION ADVERTISING. The Pomeroy Mandamus Case—Opinion of Judge Barrett, of the Supreme Court, Explaining the Duties of the Board of Audit in the Prem- ises—The Items of Charges To Be Rig- orously Examined and Only Such as are Just To Be Paid. A decision was rendered yesterday by Judge Barrett, of the Supreme Court, in relation to the mandamus applied for on behalf of Mark H. Pome- roy to compel the Board of Audit and Apportion- ment to audit and allow his claim for pu%lishing the Corporation advertising in the Datly Democrat, Unusual interest attaches to the decision from the fact of this being a test case, and there being some eighty other papers having claims of a similar character, amounting, in the aggregate, to about two million dollars, against the city, and for which they are anxiously seeking payment. The decision, which is given in full below, Is an exhaustive one, and, as will be seen, orders the Board to audit only such items as they may find just and equitably charged against the city and county. The fol- lowing is THE OPINION. The question presented for the consideration of the Court is whether the relator has any jegal claim against the city and county of New York which it is the duty of the Board of Audit to investigate and settle. The solution of this question depends upon the construction given to the second section of chapter 375 of the Laws of 1872. The Comptroller is thereby required “to allow and pay the bills of the several proprietors of the newspapers in said city and county for all city and county advertising ac- tually done prior to January 1, 1872.” It is claimed that the effect of the words itall- cised is to legalize all previously iilegal de- mands and to require the payment of the bills of mere volunteers, tne same as of those publishing under legal authority. It would require the most direct and unmistakable language, suscep- tible of no other or fairer meaning, to justify the Court in imputing a legislative intention to perpet- uate such wrong seed our people. There is nothing in the act demanding such an interpretation, Its object, so far as the newspapers concerned, evi- dently was to be an appropriate procedure, with an adequate fund, for the speedy liquidation and paym: ut of ALL STRICTLY LEGAL OBLIGATIONS, and also of all just and honest claims of an equitable if not of a technically legal character. There is the fullest intention of prariaing for publishers who had acted under legal authority or at least in good faith under color of such authority, but none of presentingany part of the public funds to those Who had acted in palpable violation of law and without a shadow of authority. There are other provisions in the act favoring this construction, such as the distinct reference to the authority of the Board of Canvassers in connection with the publication of the official canvass, and also the di- rection not to “audit or allow any claim at agreater rate or amount than that fixed by !aw or by a con- tract under which any services were rendered or materials furnished.’ So, too, as to the mode of procedure, The bills are to be read aloud at the time of presentation, entered by the Clerk of the Board in a suitable book or journal, and laid on the table for five days thereafter for objections. All objec- tions made within the five days are to be duly con- sidered by the Board. The words “all objections’? are surely broad cnough to cover the major as well as the minor, the lecality as well as extent, of the claim. It 18 also urged that the general laws 0: the State in force at the gime of the passage of the act rded adequate remedies for the enforcement of legal claims, and that, therefore, the provisions in question are supererogatory under any other than the extreme construction contended for. This view, however, overlooks the fact that even for those whose claims are of undoubted validity a spe- cial fund is provided, with a rocedure which contemplates payment within thirty days from the passage of the act, It also overlooks the equitable spirit which pervades the act and which authorizes the Board to consider the claims of those who, with but DOUBTFUL LEGAL RIGHT, are yet entitled. having acted in good faith, under color of legal authority, to equitable consideration, Take for instance the provision respecting the pub- lication of the official canvasses. Here, all publica- tions actually made under the authority of the Board of Canvassers are legalized and payment re- quired. Whether the Board of Canvassers directed such publication without any legal authority, or, having a limited authority, exceeded their powers with respect to the number of the newspapers or the extent of such publications, the in- nocent proprietors, who published’ dona Jic relying on such authority are protected. It will th be seen that the actin question was a necessary and just supplement to existing laws, and that the construction which ‘ourt gives it is in harmony With its purpose and spirit. It remains but to apply these views to the case of the relator. A large part ofthe publication for which he claims—viz., those specified in schedules C, D, E and F, annexed to his afidavit—were made apparently without any con- tract, express or implied, and’ without any legal authority or even oMcial ‘request. ‘The allowance of such claims would be pure gratuity, and the Court will not by mandamus—a writ which only issues in cases of unquestionable legal right— direct the Board even to consider them. A part of the relator’s services, however—viz. those specified in schedules A and B, appended his afidavit—was performed under color of legal authority on the Ist of December, 1868; his news- papers the Daily Democrat, was selected by the jayor and Comptroller, under chapter 863 of the Laws of that year, as one of the journals wherein the proceedings of the Common Council and the notices of its committees should be published. In 1869 there was no legislation on the subject. In 1870 the Mayor and Comptroller were authorized to designate seven daily and six weekly newspapers for such advertising purposes, and it was declared to be unlawful to pay any money for advertising thereafter made or incurred, of any description, for or on account of the Corporation, except to such newspapers (Laws of 1870, chapter 383). No designations were made under this act, and the * thereby conferred remained unexecu' in 1871 the Mayor and Comptroller were authorized to designate from time to time nine morning or evening daily and nine weekly newspapers to pub- lish such digest of che proceedings of the Common Council as might be prepared and authorized under the direction of these two oMicials (Laws of 1871, chapter 674). All THE NEWSPAPERS AUTHORIZED by this act were duly designated, but none of the relator’s journals were selected, The advertising specified in schedules A and B was done in 1870, after the passage of chapter 383 of the Laws of that year and solely under the authority of the designa- tion of December 1, 1868 If the work had been done after the designation of the nine daily and nine weekly newspapers under the act of 1S71 it would have been plainly illegal, and the Court could not have treated it as within even the broad language and equitable spirit of the act of 187: But tt was all done in 1870, without any not ex. press or implied, of the revocation of the original appointment, and it may well be in view of the failure to designate afresh, the absence of any re- vocation or other notice and the necessity which existed for some corporation advertising, that the proprietors of the four daily and three weekly newspapers which had been designated under the act of 1868 thus deemed their appointments to have been continued under the act of 1870. At all events, that part of the work was beneficial and necessary 80 long as the power remained unexe- cuted and was done under COLOS OF LEGAL AUTHORITY; and, if the above views are correct, it comes within the purview of the act of 1872, and is thereby di- rected to be audited, allowed and paid. A manda- mus must, therefore, issue og ge the Board to audit the claims embraced in t jd schedules (A and B). It will then be for t oard to investigate the details and satisfy itself that the advertise- ments were actially inserted and published as charged and to audit such items as in this view of their legality may be found to be just, but at no greater rate or amount than fixed by law or by a contract under which such services were rendered; and if there be no express contract then the Board should audit upon the basis of the quan- tum meruit—viz., of an implied contract to pay what the services’are reasonably worth. ‘This is @ matter within the discretion of the Board, and the mandamus will only direct the principle upo which it should act, without interfering with th fullest exercise of this discretion. In all other re- Spects the motion is denied, Let the order be set- tled upon one day's notice. MACARONI South Street Merchants Charged with Fraud. The Custom House oficers went to the office of J. P. Phillips & Sons, commission merchants, of No. 66 South street, yesterday, and took possession of their books and papers on a charge that the firm had been engaged in defrauding the government. It is alleged that the merchants have been in the habit of importing considerable quantities of macaroni from Italy and invoicing the goods at one and a half francs below the market value. A cargo which arrived a short time ago and was so invoiced was detained at the Custom House until the firm paid a earal: Messrs. Phillips have been in business for several years, and they assert that they are entirely innocent of any intent to un- dervalue the goods sent to them. They claim that most of the goods which passed through the Custom House in their name were intended for small Italian dealers in this country, for whom they merely acted as forwarding agents. In some instances the con- signer of such gooda would forward two or three hundred cases of macaroni to them direct to sell on commission, They were not sufficiently informed to know the home value of the macaroni, and had to go according to the in- voices in their transactions with the Custom House, When they found that macaroni was selling at eight francs per case in Italy, they immediately in- greased the price on the invoices to that amount, ‘They stigmatize the action of the government au- thorities as an outrage, and say that the seizure of Wil yerloualy ntgrrUDs thelr DUsLNYAs, THE COURTS. Interesting Proceedings in the New York and Brooklyn Courts. Charged with Forging a Tobacco Bond—Alleged Dealing in “Washed” Internal Revenue Stamps—Kelly, the Alleged Counterfeiter, To Be Speedily Tried—Charge of Fraud- lent Bankruptoy—Criminal Cases in the United States Courts— Trials in the Court of General Sessions, UNITED STATES CIRCUIT COURT. Alleged Forgery of a Tobacco Bond. Before Judge Shi in. The United States vs. Jonas Rosenbourgh.—A hear- ing was commenced in this case yesterday, the action being brought to recover taxes and penal- ties due the government by Simon Adler, a tobac- conist, on whose bond, given to secure the government payment of taxes and pen- alties that might accrue, Jonas Rosenbourgh’s name appears as surety. The defence of Rosenbourgh is that “he never signed the bond in question, and that what purports to be his signature is a forgery. The case was opened and then adjourned for further hearing. This is one of several cases in which the government has Tecovered judgment against tobacco and whiskey men, and in which, on recourse having been had against their bonds, the sureties have set up the defence of forgery, alleging that their names have been signed to the bonds by persons who have been procured to personate the alleged sureties, The Goodail “Washed” Stamp Case. ‘This case, in which Frederick A. Goodall is charged with dealing in “washed” internal revenue stamps, came on for trial yesterday in this Court. Goodall, who is @ very respectable looking man, asserts that he was entirely ignorant of the character of the stamps in question, which were internal reve- nue stamps, which had had the cancellation marks extracted by a chemical process, On the other hand, Morris 8, Sullivan, one of Colonel Whitley’s detec- tives, testified positively that he (Sullivan) person- ated aclerk in a broker's office, and that Goodall brought him the stamps m a surreptitious manner, there being a tacit understanding between them in relation to the character of the stamps, and sold them to him at a considerable discount, Goodall be- ing arrested immediately alter the sale, The trial will be resumed this morning. The Kelly Counterfeiting Case. Patrick J. Kelly, who for the last twenty years, it is alleged, has been the agent through whom the passers of small amounts of counterfeit money in this city have obtained their supplies, was yester- day arraigned in this Court to have a day set for his trial. His counsel desired an indefinite post- ponement and wanted his bail mxed at a moderate amount. The Court fixed the bail at $20,000, and set the case down peremptorily for trial on Friday next; Kelly going back to jail in delault of giving the required bail, UNITED STATES DISTRICT COURT. Alleged Fraudulent Bankruptcy. Before Judge Blatchford. William F, Jobb et al. vs. Joseph P. Bronner.— The argument in this case was concluded yester- day. It is alleged that Bronner, who 1s a grocer up town, fraudulently prevented a large amount of his propre from coming into the hands of the plaintii, who was the assignee in bankruptcy of the estate of Bronner. It was contended by Bron- ner’s counsel that Bronner acted in perfect good faith in the transactions, and without any intent to keep any of his property that was justly liable for his debts from coming into the hands of the assignee. Decision was reserved. United States Court Criminal Cases. Great complaint has arisen owing to the infre- quency of the, sessions of the United States Courts at which criminal cases are tried, large numbers of persons who have been committed for trial and who are unable to give bail having to lie in jail for months before their cases can come to trial. It is now proposed to ameliorate this condition of affairs by either having more frequent criminal sessions of the Court, or by giving the United States Commissioners the powers coniérred upon Police Justices of this city (either singly or sitting in special sessions), of summarily finally disposing of all such 8 in which the accused parties do not demand jury trials. The Summer Reeess, During the summer months, owing to the de- crease in business in the United States Circuit Court, the clerk’s office of that Court will close at three P, M., and counsel or attorneys having busi- ness in connection with suits pending are notified to govern themselves accordingly. SUPREME COURT—CHAMBERS, Decisions. By Judge Barrett. In the Matter of the is of Wilhelmine Wiener, &c.—Reference ordered. Smith vs, Poole.—Judgment for the plaintiff for the amount found by the referee, with costs, Christopher vs, Lugar et al.—Reference confirmed and order granted, The People, &c., vs. The Young Men's Father Mathew U. B. Society.—Order settled. By Judge Brady. John Murphy vs. P. McCafirey et al. (four cases).— Orders granted discharging receiver, &c, SUPREME COURT—CIRCUIT. Decision. By Judge Van Brunt. ro O'Toole vs. P. Garvin et al.—Case set- tle COURT OF COMMON PLEAS—SPECIAL TERM. Decisions. By Judge Larremore. Rowe vs. Von Mounen.—Defendant must attend before referee on two days’ notice. Motion for ap- pointment of receiver denied. In the matter of the accounting ot Robert J. Ross, Assignee.—The order is not in proper form, De Graw ys, Bennett.—Motion denied, but with- out prejudice as to renewal against De Graw. Stewart et al. vs. Berge.—If the appeal has been perfected the order to stay proceedings is neces- sary. Motion denied, Gare vs. Drake.—Judgment of foreclosure and sale. COURT OF GENERAL SESSIONS, A Boarding House Keeper Acquittcd of an Alleged Larceny. Before Recorder Hackett. ‘The trial of Mrs, Henrietta Gower, charged with larceny, which was commenced on Monday after- noon, was suddenly concluded. The accused was indicted for feloniously possessing herself of a piece of lace, valued at $50, which belonged to Rosalie Cohen, who hired a room of her in July, 1871, the defendant keeping a boarding house in Fourteenth street. The complainant was making a lengthy statement of the case, when Mr. Howe rose and in- formed the Court that there were a number of wit- nesses present to testify to the good character of the accused, and also to tlie fact that the prgsecauing witness was notified of Mrs. Gower’s intention to move, and requested to pay the rent due and re- move her trunks, but that she had never done so, His Honor intimated that the case ought to have been disposed of in a civil court, and being assured by the counsel that Mrs, Gower was willing to de- liver al! the property of Miss Cohen to her, the jury Was instructed to render @ verdict of not guilty, Grand Larcentes, Charles Karschow pleaded guilty to an attempt at grand larceny, the charge being that on the 13th of May he stole a gold locket worth $100, the prop- erty of Leopoldine Ambrose, who was stopping at Heibner’s Hotel, in the Bowery. The prisoner was remanded for sentence. dames McNab (a youth), who was indicted for robbing Dennis Casson, on the 3d inst., of a gold watch and chain, worth $300, while passing through the Tenth avenue, pleaded guilty to grand larceny. His Honor imposed the highest penalty, which was five years in the State Prison. Miner, the “Pal” of Chauncey Johnson, Convicted of Larceny. Almost the entire session of the Court was occu- pied in the trial of two separate indictments against Henry Miner and Charles (altas Chauncey) Johnson, charging them with grand larceny. The prisoner Miner was tried first, and the evidence, which was all on one side, was very brief and conclusive, The complainant, Edmond Debuck, the agent of the Swiss Manufacturing Company, whose office is at 36 Kast Fourteenth street, stated that on the 6th of June Johnson and a man named Morton en- tered the store at hali-past two o'clock and asked to see some carved frames, which he proceeded to show them, Shortly afterwards Miner entered and went to the office, which was partitioned off, and stole $105 in bills which Mr. Debuck e left on his desk, Miner was met at the door by George Flani- gan, a clerk in the store, but he not Knowing that any theft was committed permitted him to go. Immediately Mr. Debuck suspected something and told Flannigan to run after him. He did 80, but Miner had escaped: He was arrested five days after upon the description given by Messrs. Debuck and Hlanigan, who vositively jdentivied him, The com- inant, believing that Johnson and Morton were pe in complicity with Miner, detained them. Officer Woolsey proved that at half-past one o’clock upon the day in question he saw the three yemonee ther on the corner of Twenty-second Street and Fifth avenue. = pene peggy Be testimony, and the jury rendered a verdict of ty. His counsel asked to have judgment postponed for a few days in order to show the Court that re- cently Miner had been an industrious man. Assistant District Attorney Stewart said Miner ‘was one of the most notorious thieves in the city, and that he held: in his hand indictments against him in other names. The Recorder remarked that he would pass sentence next Friday. Chauncey Johnson en Trial for Grand Lareeny. At the termination of this trial Charles Johnson, alias Chauncey Johnson, an alleged notorious criminal, was placed at the bar. Mr. Howe defended him, and occupied considerable time in procuring a jury. The evidence was precisely the same as that adduced upon the trial of Miner, with the additional facts that Johnson and Morton were placed in charge of one of Mr. Debuck’s workmen; that while he went out for an officer they broke away from him; while they were running down stairs they were caught by Mr. Debuck and Officer Follis and arrested on the spot. The Clerk of the Court produced the record, which showed that on the 21st of December, 1870, Johnson pleaded guilty to an attempt at grand lar- ceny in the Oyer and Terminer, and was sentto the State Prison for one year by Judge Cardozo, This item of proof was given to establish an allegation in the indictment, charging the accused with a second offence, which, if established, enables the Court to send the party to the State Prison for ten years. Johnson was examined in his own behalf; and, While admitting that he was in Miner’s company that afternoon, he sald that he did not know he (Miner) intended to go into Debuck’s place. Mr. Howe, in his address to the jury, said all that he could for his client, and Mr. Stewart contended with equal vigor that it was important to the in- terests of the community that Johnson, who had served a number of years in the State Prison, shoud be put out of the way. As the case was not inished till a late hour the Recorder posteaned his charge till this (Wednes- day) morning, COURT CALENDARS—THIS DAY. SuPREME COURT—GENERAL TERM—Held by Judges Leonard, Ingraham and Gibson.—Nos, 150, 151, 152, 163, 167, 168, 159, 26, 80, 100, 184, 161, 162, 164, 165, 167, 168, 169, 170, SUPREME CouRT CnaMBERS—Held by Judge Bar- rett.—Nos, 52, 69, 73, 93, 103, 107, Call 115. Court or GomMoN PLRAS—TRIAL TERM—Part L— Held by Judge Van Brunt.—Case on. MARINE COURT—GENERAL TeERM.—Adjourned for the term, BROOKLYN COURTS. SUPREME COURT—CIRCUIT, Before Judge Pratt. The Suit Against the Belt Railroad Com- pany—$8,000 Damages Awarded. Mary Meyers vs. The Central Park and North and East River Railroad Company.—This case ws re- ported yesterday. The plaintitf claimed damages in the sum of $20,000 for injuries received by being thrown from one ot the company’s cars in the month of June, 1868, She was enceinte at the time, and while stepping off the ear the vehicle was started suddenly and she was thrown violently to the street. She had a premature delivery as the result of the accident, and has since been seriously affected. The company claimed that the occurrence was the result of her own negligence, Yesterday morning the jury in the case rendered @ verdict in favor of plaintiif and assessed the dam- ages at $8,000, Hugh Webster's Suits. ‘When Hngh Webster kept a grocery store at St. James place and Fulton avenue he purchased from aman who came to the store a quantity of gro- ceries, Subsequently Hugo Hirsch appeared at the store, and, claiming that the goods belonged to him and had been taken by one of his clerks, took them away. Webster was also arrested on a charge of receiving stolen property, but was acquitted. He thereupon brought suit against Hirsch for false imprisonment and recovered damages. esterday he brought another suit to recover $114, the amount he paid for the groceries in ques- tion, and $500 damages additional for the seizure, Hirsch said that the groceries belonged to him, and therefore he had a right to take them from Webster. The jury rendered a verdict for defendant. CITY COURT—PART I. Suit Against an Insurance Company. Before Judge Neilson, Abner C. Keeney, Receiver, &c., of Keeney & Clarke, vs. Andes Insurance Company.—The plaim- tiff, as receiver of the firm of Keeney & Clarke, brings suit to recover $95112 of the defendants for damages sustained by them from a fire which occurred in their factory, Nos, 628 and 630 West Forty-seventh street, in the city of New York, in July, 1871, The defence of the defendants is that the plain. tiffs vitiated their policy by building other buila- ings for furnaces, &c., without the consent of the company; also that the business carried on by the firm was not that represented by them in ob- taining the policy; and that the land upon which the building stood was leasehold, which fact the defendants did not know until this action was brought. The company say further that by the ap- pointment of a receiver the policy became void, valine said firm no longer had an insurable interest. Vase on. CITY COURT—PART 2. Run Over by a Hearse and Getting Six Cents Damages. Before Judge McCue. Patrick Colgan was run over by John Farrell's horses and hearse, in Raymond street, on the 5th of August last, and had one of his legs broken, Yes- ieaey he sued Farrell for $5,000 damages for the jury. Farrell said that the horses were going slowly, and that the accident to Colgan was the result of his own negligence, as he had tull warning. The jury gave plaintif six cents damages. BROOKLYN COURT CALENDAR. City CouRT.—Nos. 98, 237, 216, 75, 201, 292, 198, 803, 108, 155, 260, 285, 5, 300, 801, 230, 168, 207, 287, 344, 205, 160, 109, 257, 212, 304, 305, 306, 307. A DISCARDED WIFE’S TROUBLES. ee The History of an Assault and Battery Case—Conspiring to Get Rid of a Troublesome Wife. The habitués of the Yorkville Police Court went into ecstacies yesterday over a bit of scandal which came out during the examination of an ordinary assault and battery case. Mrs, Ann Congdon, a handsome young widow, who keeps a boarding house at 243 East Filty-fourth street, charged Mrs, Ann E. Hatch, of Yonkers, with having struck her and threatened to take her life at the Grand Central depot on Saturday last. The cause of the trouble between the ladies ecems to be this:—Mr. Hatch some five years ago, so it is alleged, during the ab sence in England of his wife, formed the acquaint. ance of Mrs. Congdon, whose little dinners he liked so well that his wife on her return could not induce him to come back to her, although she had been his faithful wife for twenty-one years. For the fast two is said he has lived at and a half years it Mrs. Congdon’s house, and on one occasion when he proposed returning to his wife Mrs. Congdon threatened if he did ‘she'd let daylight through him.” He at once reconsidered his pro- posal and concluded to remain where he was. He told Mrs, Hatch a few weeks ago how matters stood, and she determined to speak to Mrs. Cong- don in person, and for the first time. Last Friday, while the latter was at Pate adele Mrs. Hatch ha an interview with her for this purpose. Her hus- band happened, by mere chance of course, to be at that age on the same day, and the interview with Mrs. Congdon proving unsat- isfactory, Mra. Hatch came on to this city in the same train with her husband. On their arrival at the ee in Forty-second street, the women met, and, of course, there was a grand row. It was plain to the Court that Mrs. Hatch was being tm- posed upon, for the counsel for Mrs. Congdon are aiso, as Mrs. Hatch declares, Hatch’s private coun- sel.’ The lawyer who appeared for the forlorn wife brought out these facts so successfully that the Court age ag dismissed the complaint. The counsel for Mrs, Congdon was so shocked at the— to him—extraordinary decision that he bounced out of the Court, almost forgetting his hat his hurry, It is presumed he has had enough of York- ville Police Court practice for some time to come, ALLEGED PERJURY BY A PHYSICIAN, Dr. Reuben A. Vance, of this city, was yesterday charged with perjury at the Yorkville Police Court. The complainant, Mr, William Baldwin, of No, 124 East Eighty-second street, in his statement of the case, testified that the Doctor sued him in the Court of Common Pleas for the amount of a bill which the Doctor swore he owed lim for medical attendance. Mr. Baldwin now charges that Dr. Vance swore falsely, and to prove it he says he will bring Dr, Taylor, of No. 50 Amity street, who examined him, on the stand. The examination of the case was adjourned until next Monday week, Dr. Vance was in the meantime allowed to bus go on - STOEES, Not a Single Juror Obtain Yesterday’s Panel. The suggestion made in the HERALD: of yes! that possibly not asingle juryman would be tained out of the further panel ofa hundred o: by the Judge was borne out by the fact. The yesterday labored absolutely in vain, and, 5 four hours spent in the administering of oaths the clerk and in the examination by the counsel thegentlemen subpa@naed, was forced to adj without having secured even one additional juror The roll of jurors, therefore, remains exactly ghe same as yesterday morning—ten good and men, with a couple of vacant chairs, If possible the proceedings were even drearily tedious than ever. The Judge, the juro the counsel, the reporters, the victims of the panel and the spectators all looked utterly con<« quered and demoralized by this long strain upom their patience. Gloomy, too, were the foreboding as to the future. At the rate of nothing aday the | trial may be of course indefinitely prolonged, an only here and there could be found some sanguin } believer in good fortune who would venture a ho} that to-morrow the “abhor ed vacuum” would filled. If it be filled, however, it will probably by @ couple of gentlemen whos names will be called early in the morning, | before every one has had ocular proof of the eas with which they can escape long days—perhaps couple of weeks—of hard work and privation an anxious responsibility. And certiinly the tem tion to slightly stretch one’s conselence and af that you havo a fixed opinion ‘ts. singularly at when the painful realities of being a juryman have been for an hour or two before your eyes. No more, wretched and weary men could be looked upon than the unfortunate decemvirate that restlessly. fidget in their appointed seats and sigh for the) | “beginning of the end.” pee se not by any meal ’ the sort of ship's company that a man of chee! i disposition, endowed with ordinary respect for digestion, would care to join. The routine of examination of the candidates for, jurors must, by this time, be familiar to all. At a rate it seems to be familiar enough to the cand; dates themselves. Frequently they anticipate thé questions of the counsel, and iust as he begins, |, “Formed an opinion as to the,” they break chee! | in with a response, “Yes, sir, and a very strong one, and it would require a good dal of evidence or move it.” Whereupon the Judge turns quickly, | | round, and, with a stern “You can go, air, ais, ) misses the relieved and happy juror. | At the close of the panel the Judge said he should | order a further panel of a hundred and fifty insteat of a hundred as heretofore. He would have or- | dered a larger panel the day before if he had thought | it would have been exhausted by two o'clock in the afternoon, but as the subpeenaing of jurors entailed, a very heavy expense upon the city he had been if anxious not to cail more names than could be got, through during one sitting of the Court. ! Mr. McKeon then began to remark upon the un- productiveness of the panel, when the Judge inter- rupted him by saying that the cause of it was the , increased strictness of the examination. It was impossible for a man to read the dnd ne with- out forming an opinion of some kind, unless he were a fool and had no mind at all, The counsel did not seem willing to accept a man who could simply say that he would lay aside every bias he might have thus acquired, and hence the difficulty of completing the jury. The Court then adjourned until this morning at half-past ten o’clock, WAS IT MURDER? A Mysterious Case of Death by Violence of a Cartman—Can the Police Throw Any Light on the Subject? Arather mysterious case was brought to light | yesterday in this city, which may in the end prow), to be another case of murder. The police learné yesterday, or rather were informed by parties Ih | ing in the neighborhood of No. 204 Madison street’ that “James Dougherty, of No. 17 Centre meets y K truckman by occupation, was killed by his hoi 3 while grooming him, and died two hours afte: ward.’ The facts of the case, as ascertained befor Deputy Coroner Cushman, are as follows:—Dougl erty was in the employ of the firm of Edwin Ferri & Co., Washington street, and was considered sober and industrious man. He was sen on Monday morning to Brooklyn, to W i ruff & Robinson's store, on Congress whi ' Atlantic Dock, with orders to get a load o| salt. He was expected to be at the Washington | |] Stores again at one o'clock if he aid not del ) the way. However, nothing was heard from \ all the afternoon. About six o'clock last even) — ing Mr. Michael Currin, one of the members of the firm who employed Dougherty, was informed by th one of his drivers, who had gone to the stables ir Rutgers street, that Dougherty had been found ly: ing unconscious on a pile of hay in the building and that it was generally believed that he had beer kicked by his horse. Examination by two doctors) showed that Dougherty had been struck by some bludgeon or blunt instrument just over the heart. @ dark mark near the left nipple being the ||| only evidence of the blow. He had also a slight — scratch on the nose and one over the left eye, from which blood was oozing when he was found. In | quiry by Mr. Currin in the neighborhood of the sta: Fy bles and investigation by the detectives to whol | he entrusted the case show that about one o’cloc! a young man drove up to the stables with Dough{ | erty’s truck, put the horse in the stable and then) |) went away.’ Dougherty was lying on the truck Wy bleeding from the mouth when it was driven up the door. He got up unassisted and went imsiad with the young man, and, it is supposed, imm diately lay down on the hay, where he wi found in a dying condition six hours afterwards, It appears that his aunt, who lives in the neighbor: hood, went into the stable about two o'clock ani put a newspaper over his face to keep the flies from | | annoying him, she pene at the time fuily under the | impression that he had simply lain down to take @ | nap. The detectives ascertained, once they got, well to work on the case, that Dougherty had bee: | seen, about twelve o'clock, near the warehouse im | Brooklyn where he was sent to get the salt; but | where, it has been learned, he did not call. Hi iv cart was backed up to the sidewalk, and he himse! was sitting on the sidewalk conversing with a young man, The latter was afterwards seen driv= ing the truck over the ferry, with Dougherty lying , on it and bieeding. Noone has as yet been fount i who can throw any light upon the manner or by whom Dougherty was injured, and the police are now making strenuous efforts to solve the mysterye. Dougherty was removed to the house of his uncle, in Rutgers street, where, at half-past eight o'clock, he died, all the efforts of te doctors having failede POST-MORTEM EXAMINATION. | Deputy Coroner Cushinan and Dr, John Griffin) yesterday afternoon made a post-ntortem examina~ tion on the body of deceased at his late residence, 17 Centre street, and found a brulse over the rij ne, eye, but not of a serious character; there was al 4 fracture of the skull on the right side, extendiny through the temporal hone to the base of the skull there was a large extravasation of blood be-| — neath the fracture. h resulted from compres~ — sion of the brain, As yet there has been no tim named for holding the investigation, as it is de-’ | sirable to give Detective Wild all the time he quires to solve the mystery. The funeral cet monies will take Place to-day. THE FUNERAL OF EX ASSEMBLYMAN O'NEILLY ‘The funeral services of James O'Neill, ex-member: of Assembly from the Ninth district, took place at his late residence, 810 Greenwich street, yesterday! morning at ten o'clock. The remains were encased in a handsome rosewood casket, the lid of which contained a silver plate bearing the following in* scription:—‘“James O'Neill, died June 22, 1822, aged, 37 years, 6 months and 4 days.” The room in which’ the remains lay, as well as the casket, were fra- grant with rare and choice fowers, The pall beat) ers were:—Superintendent Kelso, ex-Judge Dodge, ex-Alderman Flynn, Join Richardson, Chrise, Connor, William A. Jennings, John Houghtalin, Daniel Williams and buck brown, At ten o'clock the friends of the deceased accompanied the rer mains to St. Joseph's church, corner of West Wash, ington place and Sixth avenue, where a solemi high mass was held by Father Farrell. The Boat of Excise, of which deceased was chief clerk, wert present, also the B. H. P. Club, the Thomas Jeffer-| son Club and the Tammany Hall General Commit tee of the Ninth ward, The remains were interret in Calvary Cemetery. ASSISTANT ALDERMAN HARTT'S FUNERAL». i The funeral services over the remains of the late. Assistant Alderman Charles P. Hartt took place! i yesterday afternoon, in Dr. Booth’s cht University place and Tenth street, and we attended by the relatives of the deceased, Hall, several of the Board of Aldermen, a largo’ number of the Board of Assistant Al of the attachés of the city a number of other frien @ casket contain! the remains, placed on a catafalque in front of pulpit, was covered with Wreaths and coroneta mortelles, The Rev. Dr. Booth delivered a eulogy of the deceased. The remains are to b€ interred in Troy,