The New York Herald Newspaper, July 18, 1872, Page 3

of uel he outstanding iaicrenteaicee em aera” ib HIRSC! JOSEPH EMANUEL, 54 Vesey street steak tuee ascii sath sat June 18, 1872. TS ICKEL. __.. BUSINESS OPPORTUNITIES, ——_ PROCURED FOR MER- “Apormonay carseat, gAOgUne Fo5 Mt zapital seeking budness advised of approved opportuni, Hee mbslecenccestnregy aanee® ai detez Ahan de mbergatgeot Muers CARLETON & CO., ‘Financ and Business Agents, 8 Broadway. N ACTIVE MAN WANTED—WHO HAS $90 CASH, ngadt ht and permanent business; no Fa escmeaee ae Aoply to HOWE & CO., 300 Broad: way: NY GENTLEMAN HAVING A LITTLE CAPITAL and fond of travelling can hear of an oxtraordit portunity for making moncy by app! ‘at 106 Broad- Say, room 14, LIVE MAN, WITH $800, CAN MAKE $3,000 AS artner and ticket agent for a renowned exhibition Welling. HARDINGE, Fourth avenue, near Sixty- it, name on door. PARTNER WANTED—TO WORK A FLAGSTONE ‘Pennsylvania; practical man with capital A geerrraeenenani AN, East Stroudsburg, Pa. PARTNER WANTED—WITH $500, INA MANUPAC- ness ; profits ove! or cent. ; sales cash. Baytlee having Tail ‘dontrol Addrew BROKER, Her ora HALF OF AN TO RENT—SMALL HOUSE FOR MY PAMI. unr J ow York, 88 $1,000; or Brook}: A bi bt lace and pay all Or ice.” Address BOOKKEEPE, box ay In the Country. N' MAN DESIRES COMFORTABLE Siheom GE! inn AR cash, if Herald w loom, with bat |, in @ private, agreeable, kerk amile, about an hour {fom city; the'place mus ity and no other boarders kept. Address F., box Te iterala ‘Uptown Branch mee. TSB Broadway. WAXTED 70 RENT—A FARM OF ABOUT 1(0 ACRES, New Jersoy, vt it Py wi ue Rene of ew Fae bealth Inder cultivation, com, for occupancy. a Grew ORESTES, Herald office. i BILIZARDR. LARGE ASSORTMENT OF NEW AND SECOND Billiard Tables; ale Balls, Cues, Cloth and every appertaining. to the Dusiness; Tables taken on storage, GEORGE E. PHELAN, No. 7 Barclay street, formerly of the firm of Phelan & Vollender. W, COLLENDER, INVENTOR AND PATENTEER + of the tithreted’“ Phelan & Collender” combina- tion ga be 8 to inform the C ‘io} He 10 fran ANG Enel Phelan, he sti ring departin Redhat ness ts the Mmanutactw jepartinent of the’ basine; sonal supervision, and thathaving purchased trademarks ete mac! e ig aha letters patent of the late drm: he continues the bust bier s0o In an anucualiy yoou paving busines; wil . Pinan unusualiy geod pat j By? repenly.s einate man’ preierred. Fnquire at 865 si ——— PARTNER WANTED—WITH $300, IN A CASH manufacturing business withont risk; ready sales; uick returns; his share of profits £40 to $50 weekly. Ad- Areas C. MORRISON, Herald oitice. Fez OLASS STORAGE BUSINESS OF NINE YEARS’ standing for sale; will take part payment in real ¢s- tate. Address C., box 172 Herald office. IRST CLASS CIGAR STAND AND FIXTURES TO Jet at RANDOLI'H’S, 411 Broadway. ARTNER WANTED—CAN MAKE $9,000 PER YEAR froin investing $5,000, or proportionably upon larger ‘or smaller amount, with party in lumber business, Ad- Gress ASH, Herald office. YARTNER WANTED—IN A DINING SALOON, doing a good basing business, in a good location, oF would nell, Address X. Y. Z rald office, ARTNER aWaNrep— ITH 70 JOIN IN establishing a first class, sound agency; profits w! bo smmediite and immense, “Address SHIPPING, box 207 Herald office, RE, CHANCE.—BOOK STAND AND THEATRE a Fane omice for Cy phi Tost prominent hotel In 2 eagons for selling. Inquire at road- way, room 6, eet if WOOD & MARCH. TAILORS AND OTHERS.—A FIRST RATE CHANCE presonts {iself for a merchant tailor or a good cutter having small capital, who can have an established Tail- gFing and Clothing Business of 8%).0) to $40.60 per angum @ nominal price; storo well located; rént low; $8,000 fo $5,000 per annuin'cun be made. Further articulars at interview. Address MERCHANT TALLOR, Herald offi ‘ANTED—A PARTNER, WITH $15,000 TO INVEST IN ‘a safe business, already in auccessful operation j ref erences given and required. Address Z. ¥., box ont ‘office, appointing time and place of interview. ‘ANTED—A PARTNER, WITH $150 TO, $200, IN A money making business. Inquire at £03 West 44th at, in the store. WS ACTIVE PARTNER, WITH SOME ca} ital, by a manufacturing chemist. Address C. D., Herald office. W ANTED—$500, FOR WHICH ANY GENTLEMAN can have one-half pete in a successful perform- from which he can realize $5,000 to $10,C00 in two or months, The investor can perhaps act as treasurer. dress ESPERANCE, box 161 Herald office. ‘ANTED—TO INVESC FROM $500 TO $5,000 IN AN establishec paying business that will bear strict ex- Hee Rice Te ‘with iull particulars, L. HARPER, W RTED—A PARTNER, | WHO | CAN FURNISH mM which 000, in a legitimate and honorable busi- bce ¢ can realize in a short time very large Profits. Address L. Q. K., Herald office, 50 WILL PURCHASE A MANUFACTURING business from which $20 per week can be le; 100 per cent; article very salable to grocers, Ad- YOUNG, Herald office QQ WiLL PURCHASE THE INTEREST OF A usiness: wal Lous thorough ‘uvestigediou. “Apply ove West Fourth street, roma. b O00 APARINER WANTED, | TO BALE " ‘+ hay out in the country a fortune to the it man. ‘Address or call at 44 Washington street, Ho- feed store. R LM.ANN, $25.000 SASH READY YOR AN INTEREST IN . cstablished remunerative business by an dve, experienced man; no experiments with patents; TO $100,00.—AN INVESTMENT DE- $50,000 Brea Bete snevs amounting sonal: faring businem; preferably the iron snanuiacture. "Ad- 3 eral oftice. poten eile atistton, Bess T 7] BLEECKER ATREET, NEAR BROADWAY, UP stalrs.—Highest cash ‘advances on Diaindnds, etches, Jewelry, Pianos &e.. or bought, Pawnbrokers? . BASTE! Hature of business, 8s DX 135 sation LOAN OFFIONS. ‘Tickets bought at Bleecker street. NASSAU STREET, BETWEEN FULTON AND ohn streets—NEWMAN LEOPOLD coutipues the T A selling or advancing on Diamonds, Watches, Jow- oe Herehandise, | je Policies, for any amount. fie WOLF BROTHERS’, 8% BROADWAY, BETWEEN Nineteenth and Twentieth streets—Money loaned on aman as Watches, Jewoiry, Silverware, Silks; particu. ois etd parlor for ladics, Business strictly coubdental. T75 BROADWAY.—THE HIGHEST PRICE PAID for Diamonds, Watches, gewelry Camel's Hal: wis, Silks, Planos, &c.; also Money fiberally ndvanced the office, No. samme. ' Private 1 Washington place. (A TEXMAN'S, 719 BROADWAY LIBERAL ADVANCES made on Diamonds and Watches, Silverware, &¢., OF ‘will pay the highest market price for the same. TITHE OLD ESTABLISHED OFFICE, 66_ NASSAU strect, you can obtain liberal advances’on Diamonds, fatches, Silverware, &c., oF will Burchase them at thelt utmost valuation. A ONIGMAN, Broker. MERICAN OFFICE—$75,000; ESTABLISHED 1854.— yy amount loaned on fine Biamodns, Watches, Jew. gry, Suverwaro, Camel's Hair Shawls, Lices, Valuables, ¢., oF will buy ; extraordinary prices paid. Sit. BARRING ‘Broad way, opposite Astor place. (ATS MHIRTEENTH STREET, NEAR BROADWAY — I pay tho highest price Yor Diamonds, Watches, Jewelry, &c., or advance on the same.’ ISAACS, Diamond Broker, 67 Thirteenth street, near Broadway. 39 NASSAU STREET, OPPOSITE POST OFFICE.— J Liberal advances made on Diamonds, ene, Jewelry and all kinds of Merchandise. The same bought ‘and sold. HAYMANLEOPOLD, room I. 40 SIXTH AVENUE, BETWEEN TWENTY-FOU RTH and Twenty-fith streets —Liberal advances made on Diamonds, Watches, Jewelry png all kinds of Goods. Same bought at full value. BERNARD, GQH BROADWAY, CORNER AMITY STREET.— Money liberally advanced on Watches, Jewelry, Diamonds and all other personal Brgy, 6 KAO ‘Dought and sold. . ROSENBE! BROADWAY, CORNER OF FOURTII STREET.— Liberal advances on Diamonds, Watches, Jew. elry, Silke, Camels Hair Shawls, Laces and property of every description. JAMES P. MATTHEWS. 806 BROADWAY, OPPOSITE ELEVENTH STREET.— Mone Uberalty advanced on Diamonds, Wateti Jowelry, Slik’, Dry Goods, and personal Property of ever @escription ; private entraice for ladies, J. A. JACKSON, Q]13 BROADWAY. MONEY, ADVANCED TO. ANY Laces, india: shawls, ors saine: bobghi,, Private. ames nda a Oo. ; same 5 ivi gor Indies. ie DoneA. O. HERTS 1.267 BROADWAY, OVER HERALD BRANCH, e room B, (and 418 Sixth avenue.—Advances made on Diamonds,’ Watches, Jewelry; the same bought and sold. A. LINDO, formerly with Haym Te EMOVA M » Large and clogant, sto s, Yon square, corner of Fourth avenue and Seventeenth street. PENRHYN SLATE COMPANY, manutacturors of every variety of Slate work, piain aud’ ornamental, LABER, STEAM MARBLE AND MARBLEIZING +. Works, 184 and 136 East Eighteenth street.—Marble and Marbleized Mantels Tiling, Marble Counters, Monu- juents, at prices that dely competition. Marble Turning ade. —REMOVAL.—SLATE MANTELS, MARBLE. MAN. sa (C08, Wood Stantels; the nest asvertment evor of inthis cit our new and spactons warerooma Sei fenty-third street, ty third stir, STEWART & CO. LASTER CENTRE PIEC BRACKETS AND PED. egant new desighs; largest, awortment wert prices. Carctully packed and sent to all D, 1.250 Broadway, corner Thirty-thind strect. S28 TTENTION.—TWENTY YRARS’ PRUSSIAN. 1108. pital experience ; privat safully permaucntly cured without un Ed itt pia Dr. FRANKLIN. 161 Blocker strect R. AND MADAME SELDEN, G7 AMITY STREET.— Contidential and skilful ¢ 4 ror oy rie. reatinent, ladies visited at ——————— yR. KING CURES ALL DELICATE DISEASES AND derang nts; one visit suMeient; ome mrictiy priva' M4 Amity street, near Broadway manufactory, Thirty-sixth the warerooin, 738 Broadway, at cither of which paces Nee ear fe are cee eae ar aa ne face ROR business or to settle up the ala oF ENDER. (TABLES OF ANY DESIGN FOR $100 AND UPWARDS; aie exartine Moe Cut One BP MLyPTTHD 20 Ve ‘y street. MISCHLLANHOUS. eae ‘ory OFP TEAS uty off ‘Tens. Duty or Teas, Duty. ol Tes reat Reduction reat Reduction Great s Reduction in price in price in ‘price at all our Stores. GREAT AMERICAN TEA COMPANY. BAVING. [Krausct& Prand’s Ice House, well ventilated and.eco- nomical in consuraing ice. A large number are already In successful operation since two years. This invention Is of high value to packing and’ provision houses, milk Gepots, breweries, malthouses, hotels. &c. For particu- foreonitt on of address J. KOENIGSBERG, Gencral Agent, 22 Duane street. SLOTE & JANE Slationers; Printers and Blank Book Manufacturers, 98 Fulton street. Blank Books made to pattern. EUROPE. Up QUEEN'S HOTEL, NEAR THE TAL PAL ace, Upper Norwood, London,—To tourists and fama lies —Its elevated, pleasantand most salubrious position, combined with the comfort afforded and jts generai man- ment, have made the Queen's Hotel a tavorite resort of the upper ranks of English society. ASTROLOGY. ADAME ROSA, GREAT NATURAL CLAIRVOYANT, reveals your whole life, from the cradle to the grave. 472 Canal street, near Hudson. Fee $1. ROFESSOR LISTER, (REAL) ASTROLOGER, 74 LEX- avenue, near Twenty-sixth street. Time of BOLD BURGLARIES. The Necessity of Increasing the Police Force. Anumber of thieves entered the premises of A. S. Corwin & Co. at 1,138 Broadway the night before last, and carried off property valued at about six- teen thousand dollars. It appears that some time before closing the store on Tuesday evening one of the clerks in the employ of Mr. Corwin thought he heard an unusual noise in the rear of the shop, and at once conveyed his suspicions that thieves were in the place to Mr. Corwin. The premises were then thoroughly searched, but nobody was found, and -Mr. Corwin, believing that everything was secure, ordered the house to be closed. At ten o’clock the store was shut up, and every one em- ployed in it went home as usual. The policeman on post passed the place several times during the night, but nothing occurred to attract attention to it. About a quarter past four o’clock in the morning, however, OfMicer Martinot, of the Twenty-ninth precinct, noticed sm express wagon driving away from in front of the store, and, supposing that something was wrong, he immediately hurried to the place. The oficer found the door open id the goods in the store thrown around the greatest confusion. He despatched a eng a to residence of Mr. Corwin, and that the ntieman arrived at the store on investigating the stock it was discovered that 60,000 cigars in boxes, valued at from $14,000 to $16,000, and $100 in money had been carried off. Thrown carelessly behind the doors Officer Martinot found 6,000 cigars the thieves had left behind them, probably because the ‘wagon was too much loaded to carry them. It is sup- posed, from the phere of the place, the thieves must have secreted themselves in the store during the day, and as soon as the pore belonging to the shop had gone away went to work. That there were several of them there can be no doubt, as the robbery could not have been so Gary, and secretly done by one or even two men. The following is o list of the brands of the stolen cigars ‘Flor del Fumar,” “Conchas,’? “Monte Christo,” “Londres,” “Designio Corones,” ‘Designio Britannica,” ‘Ar- quilles, Non Ptus Ultra;”’ “Islenita de Cuba,”’ “Londres do Cirte,” “Henry Clay, Non Plus Ul ? and ‘Regalia Especiales."? | approach ol On the 6th instant @ man and woman calling themselves Mr. and Mrs. James applied to a Mrs. Hardy, at 564 Broome atreet, for board. They were rented a room in the house, and continued to live tifere. up to yesterday morning, when two wen called at the house to see them. The James family seemed delighted to mect the new comers and sent out for some whiskey. Mrs. Hardy and her servant were asked to partake. They accepted the invitation. While enjoying thema..ves in | the RaTiOr the two strange men jumped from heir seats, bound and ed Mrs. Hardy and the servant, and then the four friends sacked the house. They found a quantity of jewelry and ersonal property, valued at about two thousand jollars, which they carried oi, and no clue has yet been obtained to their identity or whereabouts, A couple of thieves went into the residence of Dr. Palmer, at No. 316 East Fifteenth strect, the night before last, and succeeded in escaping with proper valued at $600, The number of robberies of this description that occur every day bear strong testimony to the necessity of the adoption of Mayor Hall's recom- mendation regarding the police force of the Metrop- olis, The number of men at present in the depart- ment is entirely too small tor the work that is expected of them, and the Mayor’s ee to increase the force is the result of & careful study of the wants of the departinent. Nothing can be easier for thieves than to break into a store or a private residence as things now stand, for the reason that the police are obliged to cover 80 much ground. There are numbers of posts that extend to from two to three miles long, and while the patrolman is at one end of the post the thieves have plenty of time to get into a building. Of course they put a watch upon the movements of the policeman, and this watch informs them of the the officer. The work in the store is then stopped until the policeman sses by, and as soon as it is an- Bounced he is out of hearing distance the booty ia carricd off. ‘This could not be the case if the posts of duty were shorter, and their length can ‘only be reduced by an increase of the force. It is to be hoped the recommendation of the Mayor will be acted upon; for these robberics are only ono of the minor evils the city Is laboring under from the Want of a sufficicnt number of men to take proper care of the lives and property of the people. OBITUARY, Richard French, Richard French, proprietor of French’s Hotel, New York, died yesterday forenoon at his temporary | residence, in Richfield Springs, He was sixty- three years of age, and had been invalided by ill- ness, more or Jes# severe, during a considerable pertod of time just past. Mr. French was a very well known citizen of New York. He paid anxious and careful attention to the development of our State system of militia organization, a fact which some years since, by vote to. the “coloneley of the ‘twelfth regiment, ational Guard, @ command which he administe: ¢ ars widely and favorably known, dui pronase dtsrthi les TRIED BY A JURY OF HIS PEERS, Something new in the way of Juries has just been witnessed in Newark. One William Henry Parker, a colored Beau Brummell, was arrested some days ago for deserting his wife and family. To try ithe there was suramoned a jury of colored firat colored jury ever panelfea ip Newark. It om sisted of Peter O’Fuke, William A. Neal, Abram T, ADIES SPEEDILY CURED AND BOARDED DURING ‘kness b; 7 » y Wes Pa RS. A CRORSTER, PITYSICIAN, 149 OHARLES between - : % ber on il ma eestingtonrand Werte opted, Cook, G Hoseville, James P, Westcom! S°sntkeon John Taylor, Samael Pie Hoes Jacl and James H. Edwards, 0'Fak Wake’ care of bus funy. THE TAMMANY TRIALS |S" seaeas ser Arguments Continued in the Tweed and Connolly Suits. Why the Corporation Does Not Prosecute. The Six Million Dollars, if Recovered, Will Go Into the State Treasury. MR. TILDEN’S VIEWS. The Case of Thomas C. Fields Taken Up by the Court. MR, BEACH'S BANISHMENT PROGRAMME, His Client Acted Merely as an Attorney for the Firemen. ’ ALPANY, July 17, 1872. On the reassembiing of the extraordinary term of the Supreme Court this morning Mr. O’Conor re- sumed his argument. He held that it was a faise issue which had arisen between themselves and the defendants. Though the Board of Supervisors may be acorporation, it is not such a corporation as exists In the several counties of the State. All the corporations of New York are now wrapped up in what is known as the city charter, under the head of departments. One portion of our argu- ment yesterday, and which the other side attempted to controvert, was tite question perty held by the Board of Supervisars as a cor- porate body. The truth is they held no property which they controlled so asto dispose of by sale or otherwise, Tue counsel on the other side cited in their brief, to prove the validity of the Board of Supervisors as a corporate body, the fact that the Court House was county property; and Mr. O'Conor | referred this Court to the opinion of Judge Leonard, in 40 Barbour, page 314, where the story of its pos- session by the county is very truthfully told, and how it was accomplished through legislative enact- ment for certain purposes. Yet he denied the right of the Board of Supervisors to sell this or buy other public institutions, It was strange that the Mayor took no action toward redress for the numerous frauds committted against the people until proceedings were instituted by the At- torney General. He referred to an opinton of Judge Bronson for a distinction between the Supervisors and Mayor and Commonalty, in which that Judge holds that neither body had aright to levy a tax, either special or general, without direct. legislative authorization. He quoted other authorities to sus- tain the argument.. He also cited other authorities to show that THB BOARD OF SUPERVISORS of New York was not sueable for debts; they sat as @ judicial tribunal to pass upon claims, and when allowed to levy a tax to liquidate claims ex+ bausted their powers. Supposing that our theory is correct, that the tax payers and commonalty of New York cannot sue tire county to recover, to whom does the right belong? Why, to the State, through its representative, the Attorney General. Indictments for crimes and misdemeanors constitute one large class of illustrations. Billa to restrain and prevent public measures afforded another. Actions against public officers and pubic corporations for breach of trust or neglect of duty, another. Instances might be adduced ad inginitum, but this plain proposition is denied, and even if the right of action be in the State, it is contended that the phraseol: adopted by the provision of 1830, on codifying the common law as to the duties of the Attorney General, has 80 restricted the powers of that officer that he cannot prosecute for such grievances as we mentioned in the complaint. A very able answer to the defendants on both grounds may be found in the opinion of Judge Duer in Davis vs, The Mayor, &c., in U. Duer’s Reports 666, which very clearly defines the powers and duties of the Attorney General under the provisions of the statute which makes it the duty of that oMmcer to prosceute and defend all actions, on the event of which the people of the State shall pe interested. In other words, in all such actions he is made a necessary party. From what has transpired in this case they say that no judge could be found who could decide the question argued; that no judge who was versed in the proceedings of the case had indicated the possibility of a doubt relative to the rights of the State in the case. It is true JUDGE LEARNED IESITATED on a decision; yet Judge Hogeboom, who acted upon his deterinination made, aiter hearing the ar- ument, rendered a decision unhesitatingly; bat judge Hogeboom had rendered decision previous), on the same subject, which was fnting thal the Attorney General enjoyed the ri to prosecute in the interest of an aggrieved peo: Adinitting that the Mayor and Commonalty were the proper parties to sue, we hoid that they jed in their duty, and are found tin collusion wi and the State has the right to interfer to get the money back, and have it ap- Hed to the purposes for which it was intended. He claimed that the State had the same jurisdiction to interfere in this case that it had i! the agent or trustee of a subordinate corporation had undertaken to use Broadway for eens purposes. This question is asked:—If the State gets this money, what will it do with it? He shana that Judge Hogeboom decided that when he asked what would the Board of Supervisors do with it. In case they recovered it, they had no more right to dispose of it than he had, in case the State recovered it, it would go into the Treasury a8 money unappropriated. it could not be paid back to the taxpayers. It goes into the hands of the supreme power, there to re- main until the Legislature, by enactment, shall devise how and by what means it should be disposed of in manner aproxi- mate with justi He here said ne would submit the case, Claiming that he had the right to argue the question “vithout entering into any stipulation with the defendant, and he hoped that the Court would render a decision on the question at issue without delay, and jet the ie Of this great State know who are the defendants in this cas NT BY SAMUEL J, a a8 followed by Mr. Alter referring to the inanne: hese men; attempt den. in which he had been introduced to the ca: . Tilden ingnir- Who will prosecute State oficers? Is it the Board of Supervisors? Where e they to get such authority? Where deri such commis- sion? Again, who is the party iujured? It is the people, and therefore upon the represen- tative of the people, the Attorney General, devolves the duty to prosecute.” He cited from several au- thorittes on the equity of jurisprudence tn answer to the argument on the brief of Mr. Curtis, the prin- cipal object of which was to cstablish the dutues of the Attorney General. Mr. Fielas interrupted Mr. Tilden during his cita- tions by the inquiry whether the case which he cited Was an action of law to r T noney for the Crown, or whether it was a case of equity, and Whether this case was one of equity ? Mr. O'Conor answered that this was one for the recovery of money, Which in England would bea case of equity. Mr. Tilden continued by saying, eqpity there is a decree to pay back the money, and infimated that the counsel on the other side ex- hibited bad taste by attemptin, this late day to endanger the case of defendants making the futerrogation whether the case was one of LAW OR EQUITY. Mr. Fields asked Mr. Tilden if he could cite a suit where the Crown ever recovered back money from a trustee ? Mr, Tilden rephed that It is in just such cases that the Attorney Genucral steps in and acts for the peo- ple. The funds of New York were raised by gen- eral levy for the public benetit, and Leen misapplied, by donation er ot those funds. On concluding hts ‘cita- he had very littie to say in addition, in all cases of = They embraced all that he deaired to say on the vestion, Which was that public trusts were subject 0 #uit for recovery by the Attorney General. PERMISSION TO TAKE UP FIELIS’ CASE, Mr. Beach made a request to take up the Fields case at the close of Mr. Tilden’s argument to enable lum to proceed to Saratoga, where he has an en- Tag ay in the Barn: oase to-morrow, and the padi ey the consent of the counsel, granted the e! When Mr. Tilden concluded Mr, Beach took the floor, He said that this case had been presented so often and so fully that in his opinion it had lost its interest. As far as his client, Mr. Fields, was concerned, he was willing to leave it with the Court on the views he had already expressed, and which vicws, he alleged, remained unanswered, Whatever new views were presented at the present argument he would, without fear of denunciation by thoy opposing counsel, discuss tbe question at issue, attempt to answer them. He did not dgny shat epormous fraudg bad beep cummitted and if his own client was one he would hand him — at f=4 courte for (ae poser a aes the right of gentleman who appeare: prose- cution to these Gelendants ag the guilty ones and hold them Pp to eco Brvsgenees de the rights of the taxpayers to sue in their own behalf, and assert ti prome person to gue was tho jeneral of the State; that bondholders have no ground for action to recover for bonds issued, that the faith of the people has been pledged for the redemption of these bonds. Tne people possess the right of action to recover, To-day we hear nothing about the extinction of New York, but that the taxpayers of New York are the owners of this fund, and as they cannot maintain an action to recover, the Attorney General, the representa- tive of the people, must restore ie fund to its proper owners, If this theory ia true there is no escape for us; but if we can show by simple Statute that the county of New York possesses the right to sue and recover, what becomes of this theory of the prosecution? The frst volume of R. and S., page 66, declares the several counties of the Sta At page 337 the statute defines the pow of the counties and the char- acter they are to maintain as corporate bodies, capable of suing and being sued, of holding and tra penitiiny Bropersy. He therefore, held that the Poara of apervisors was no more the corporation of New York than was the presi- dent of a bank, or even its directors the bank cor- poration itself? Page 336 of the same statute says that whenever any trouble arises between the county and apy individual or individuals, the county has the right to sue and re- cover the same as imdividuals, To whom, he would ask, did this fund_ belong} Will the counsel on the other side deny that this money raised by the Board of Supervisors was not county property? Should this money be recovered by the State it will go lato the State fund for the benefit ofthe people at large. I the county is per- mitted to recover, as it has the statutory right do, it will go into the County Treasury, where it legitimately belongs. Because the Board of Audit was created by Legislative statute It is held that the Inembers thereof are State oficers. With the same propriety it cau be asserted that because the di- rectors of the Hudson River Railroad are created by statute that they also are State oMcers, and that the State can maintain an action against a defaulting member for the recovery of money mis- appropriated, He denied any such right by the State or ite representative, the Attorney General. As to the ‘ight of the Attorney’ General of England to maintain an action to recover trusts, he would say that the counsel on tie other sido have gone one step too far when they attempt to make the attorney gencrais of England and New York analogous, The Sovereign is the fountain of power in England, but the people ts the fountain in this country. True, the Attorney Geucral repre- sents the people, but where is the authority for the Attorney General to act in this case ? THE PEOPLE OF THE STATE are not interested; itis the people of New York alone, Give him this power and you place him in @ position by which he will control the State and Sway an influence not enjoyed by the Governor of the State or the President of the United States, Why does the Governor pervert his office and con- vene the court and carry business ont of its ordl- nary channel? In my opinion it is apparent is to forestall action to prevent the cases = going = to. speedy trial. This movement originated from pees policy and necessity. It has accomplished its result and cast au immense infuenco over the political workings of the State; but when the legal objects are con- sidered he believed that the good intended was sadly perverted. We have struggled to bring the case to trial that the question might be decided, but thus far have failed. We now hope that the careful deliberations of your honors wiil be calm and your judgment decisive, rN 8 till jour P. M. a Atternoon Session. At the afternoon session Mr. Hale presented to the Court a brief, forwarded by Mr. O’Gorman, Cor- poration Counsel, and it was acquiesced in by Mr. Curtis and Mr. Porter, his associates. Mr. Beach then continued his argument, He detailed the case of Thomaa O. Fields, He denied the allegation that Fields received the moneys through fraud, He acted under, and by virtue of, an act of the Legis- jature. He was tho attorney of the firemen, and for his services he received the money. Coun- se] therefore claimed there was no cause of action. Mr. Beach proceeded at length, repeating mainly the arguments made in the case before. Mr. W. H. Peckham, of counsel for the people, fol- lowed, controverting the argument of Mr. Beach, hee the Court adjourned tntil to-morrow morn- ng. FAT RENDERING STOPPED. a oe A Crusade Against Filth All Over the City—The Health Officers to he Put in Uniform —Mecting of the Board of Health. At the regular meeting of the Board of Health, held yesterday afternoon, a report upon the condl- tion ofthe fat-rendering establishment of Smith Ely, Jr., in East Forty-tifth street, was read. The in- spector who had examined the place describes it as extremely offensive and dangerous to health, and the board revoked the permit which had been granted him to carry on the business. A report was also handed in upon the condition of the premises of the Butchers’ Fat- Melting Association, but they were found in a comparatively healthy state, with the exception that the floors of the houses wanted more frequent disinfection, This the board ordered to be done, Cojmissioner Gross sent in a report upon the dis- infection of streets, which showed that fifty-one and a half miles of street gutters had been put in @ healthy condition during the past week, at a cost of $173 76 The entire cxpense of disinfecting street gutters during the present season amouuts to $715 12 The work is to be con- tinued, under the supervision of Mr. Gross, until the warm weather is over. A report was received from Ee oy, Sanitary Inspector upon the dan- gerous condition of piers 2, 3 and 4 ast River, which was sent to the Sanitary Committee and a copy ordered to be forwarded to the Department of Docks, Tie manure dumping grounds between 45 and 46 East River were again brought before the notice of the board because of their filthy and unhealthy state. The poor people in the | neighborhood complain bitterly of the nuisance, but the offending parties pretend to say there 18 | ho remedy for them. The .Board ordered suits to be commenced against the dumpers, Toby and Tooth; and Gambie and McNeal sent in communtca- tions respecting their fat-rendering establishments, These papers were placed on file upon motion of Commissioner Henry Smith, who said those places are as bad to-day as they were three years ago, and the only thing to be done with them was toroot them out altogether. Aman | named Bliss, who sent the papers in, apologized to the board for some offensive remarks he made wile presenting these documents to the board at its last meeting. Commissioner Manierre moved that all the oficers in the employ of the board be in fatnre compelled to wear a uniform, the style of which shall be designated by the board. The matter ‘eferred to the Sanitary Committee, .¢ following js a comparative statement of con- tagious diseases reported for the two weeks ending July 6 and Juiy 13, 1872:— Fophun Pyphot, Searlet. Meastes, Di Smal yhus. Typhoid. Scarlet, Measles. Dipth'a, a, i OG 9 m Hl bar NEW YORK CITY. pee aT 2 A John Waldron, thirty nine years of age, no home, Was found in Twenty-elghth street, near First ave- nne, yesterday morning by the police, with his head cut. He was sent to Bellevue Hospital. Alice Ann Thompson, eighteen years of age, of 165 Bleecker street, attempted to commit suicide yes- terday by taking @ dose of oll of cloves, She was attended by Dr. White and sent to Bellevue Hos- pital, John Malony, an Irish laborer, who lived at 301 First avenue, was killed by faillng from the building 87 Broad street. The body was taken to the First precinct station house, and Ooroner Keenan notified fo hold an inquest. ‘There are several witnesses to the occurrence. Coroner Kecnan was yesterday called to 66 Bayard street, to hold an inquest on the body of Rachel Brizilskey, a little girl, elght years old, who fell from the roof of the three story honse to the pavement, and died soon afterwards from the effects of the injuries received, Michael Short, forty years of age, of 15 Willett street, was shot in the knee on the corner of Broome and Willett streets, yesterday, He was at- ‘tended to at the station house by Dr. White, and went liome, He said the shooting was accidental, and would not make a complaint against tle party who burt him, Yesterday morning Henry Shaw, fifty years of age and born in Ireland, in the employ -of Messrs, A. T. Stewart & Co., while engaged laying a carpet at 34 Great Jones atrect, was taken suddenly ill and expired in a few moments afterwards. Disease of the heart t¢ thought to have been the cause of death. Deceased lived at Greenpoint, L. 1., where he hag left a family. Coroner Keenan was notified. Richard Berrian, of No. 845 Dean strect, Brooklyn, ‘was riding on the front platform of the South street care yesterday afternoon, about five o'clock, when e felt a tug at his watch chain. Mr. Berrian urned ee! ground and saw @ man jum ff and run down the street. He followe im till he secured his arrest. On the prisoner was found Mr, Berrign’s watoh, valued at $100, brought before Judge Scott at Essex Market Court, and had Neroory be gel to protest that he was innocent. Judge held bim (or trial 1g defult Of $1,000 bad. JUDGE BARNARD’S TRIAL. The Court of Impeachment aa at Saratoga. FIRST DAY’S PROCEEDINGS. An Adjournment to To-Day—Leading Counsel Absent—Judge Barnard Bad with Gout— Sketch of the Court—The Argu- ments on Both Sides. Sanatoaa, July 17, 1872, It was a happy thought of the grand combination of State dignitaries called the Court of Impeach- ment to hold their sittings at Saratoga during the racing and fashionable season, and give the first touch of historic consequence to the bran new town hall there, They met this morning punctually at ten 0’ k, a8 punctually organized, took the oaths, refused to brook delay, and are ready to go right on with the month or six weeks of argument and cross-examination devolving upon them. SCENE AT THE TOWN HALL OF SARATOGA. It was Mr. Thomas G. Alvord—one of the most ex- perienced and able State legislators New York pos- Sesses—who moved Saratoga asthe spot for the sittings of this Court, and his motion prevailed, though some Senators wanted New York city to be the spot and others demanded Long Branch, which is outside the jurisdiction of the Empire State, very generally upon the decorons and obliging way they possess of welcoming strangers, had Just fn- ished a new town hail, and were anxious to have it appreciated and “hallowed.” Thither, then, on this warm but showery morn- ing the assembled wisdom of the province of York assembles, washes up at the hotels, buzzes tho Senate Clerk, Dayton, about the matter of advanced and extra pay, and finally at the sharp hour of ten advances to the Town Hall aforesaid, which is a large, stanch and creditable brick building, said to have cost $110,000. It is midway up the village, and is Known by its good looking brick tower, which upholds the four dials of an iluminated clock. Within, it shows a roomy base and oaken stairways on either hand lead to the second floor, much of which is taken up by a large and cool publichall. This fs the room WHERE THE COURT 13 TO sit, and it has been especially prepared for the purpose by bringing hither from Albany a part of the furm- ture of the Senate Chamber, including the rose- wood desks of Senators, the clerk’s and reporters? tables, and by building up a couple of platiorms to accommodate the presiding Lieutenant Governor and his assistants, You can concetve a large square hall frescoca gayly but stiMy, nearly environed by a stall or gal- lery of a blue tint, and adorned at the end by a stage and drop scene in the Claude or Watteau style, showing a lake, a green landscape and somo trees and fixings—on the whole effective and cheergal. ‘The hall is crossed, two-thirds of the way up, by railing, plerced with three wickets to lead up the three aisles, and here there are two long rows of comfortable, morocco-bottomed chairs and rose- wood desks; cach one closed up by the tables of the attorneys for the impeached Juage and that for the managors. ‘The managers sit on the presiaing ofm- cer’s left hand and the lawyers on his right, The ten sets of taplea are about forty feet apart, so there Js no room for Aghtingy although the acous- ties are 80 good that there Is HOPE FOR ABUNDANT JAWING, Atich Brussels carpet covers all that third of the hail Noor railed off for the Court, and behind the Licutenant Governor's Paes are retiring rooms for all parties concerned. The audience have com- fortable re’-padded chairs, as aforesaid, and the newspaper reporters are mercifully accommodated beside the open windows along the sides, Plenty of law books and legislative documents Hie around, In short, the Court of lmpeachment of the State of New York ts much better provided for than the “Great National Assize” at Washington city, which wasted so much time, telegraphing, bullying and rhetoric to acquit Andrew Johngon four years ago, ‘TE COURT OPENS. At ten o'clock the gavel of Lieutenant Governor Beach fell. Mr. Beach is from Watertown; he is a handsome, portly and casy-mannered man, a demo- crat, & lawyer, aud he has a good, sagacious face, dignity, decision, a prominent mustache giving character to his face, dark eyt-lashes and black hair combed forward above the ears. He has a fan as wellasa gavel, and does more exercise with the former than the latter, At his side is a young man, his secretary and assistant, On the platform nex below him are the clerk, ©. K. Dayton, a tall, prompt, grayish, brown-halred gentleman of suft- cient good appearance, and the tidy, bine-coated sergeant-at-arms, The roll is called, Onc Judge out of cight—Peck- ham, of Albany—ts absent, and seven Senators out of thirty-two—Allen, Ames, Jacobs, Foster, Harrower, Johnson and Madden. ‘The Judges of Appeals are men of note to look at, and many of them men of years and almost ven- erable aspect. All are Known to possess the high judicial character which comes from the indepen- deuce of oe | i ead yet long to run and frecdom from the mutations of frequent popular elections. The Senators are of a moré mixed character, but some of these men have held fairly important posi- tions in public life. Sanford FE. Church is the head of the remnant of the Regency or rural democracy of the Empire State and has several times been named for the Presidency of the republic. James Folgar. succeeded Dan Butterfield as Assistant Treasurer of the United States. T.@. Alvord has been twice Lieutenant Governor. ©. P. Vedder was a Lieutenant Colonel in the war, H. C. Murphy haa been J ag of Brooklyn and Minister to the Nether- lands. D, T, Tiemann was Bayer of New York at a stormy political period. + Wagne} akes the noted drawing room and _siceping cars on the’ Vanderbilt railroads, William John- son was @ war colonel. James Wood was a war brigadier. Four of the Court are of foreign birth— Augustus Weissman, German; James O’Brien and 8. 8. Lowery (a republican), Irish, and William Foster, English. SEVERAL OF THE SENATORS, HOWEVER, ARE COM- MONPLACB people, of hentai) careless habits and dress, and one of them narrowly escaped expulsion on the charge of corruptioa. THE MANAGERS. The managers are even more mixed to look upon, and generally inferior in physiognamy and bearing to the three lawyers they have employed. Mr. Alvord is the head and front, and the abiest mem- bers of Assembly associated with them are said to be Huested, of Peekskill, aged about forty, and Vedder, of Eliicottaville, a’ volunteer army oficer, aged thirty-three. The House chose them in the following order of popularity, those at the bottom getting relatively the least votes :— Alvord, Prince, Hills, Lincoln, Vedder, Niles, Hus- ted, Jacobs, Hayes. THE COUNSEL. ‘ The following are the counsel secured on“both sides, First, for the defen RII BAI William 0. Bartlett is @ native of New York, literary man and counsellor, who was for some time attached to the press in bea gag 9 bat he was a friend of Abraham Lincoln. He 1s a large, dignified, but very prompt pleader, except when thoroughly warmed up. BEACTI. William A. Beach has heen a distingnished lawyer | for twenty-five years, and his aged mother now | lives in Saratoga, where he t Many years ago he removed to ‘Troy and rose to | distinction there, having tho largest civil and | criminal practice in Northern New York, which he retained for years, He is a fine looking, eloquent man. A short time ago, comparatively, he removed to New York to be Commodore Vanderbilt's coun- sel in Hudson, Harlem and Central Railway matters, TOWNSEND, Mr. Townsend, @ tal, black-haired man, who has been for two months getting up authorities bearing on this case. He is © faithful student, and was long & member of the (rm of Galbraith & ‘Sownseud, RUFVS ANDREWS. Rufus Andrewa is @ native of the Western Re- serve of Olio, and has Jong been known in New York as 9 prominent lawyer and man of aduirs. In the year a in the contest between the city and the West Washington Market property he represented the ‘city. He was counsel for Judge Busteed in tho impeachment case at Washington, wiiich case was beaten in the House mainly by his exertions. He has also been Comp- troller Connolly's cowneel since the beginning of the late unpleasantnesa, His practice is wholly civil, and he has never been In any criminal canse, He drew Qn assiguiment for Beebe & Co., bankers, in 1857, when they failed for an enormous amount of Money, and Wae Surveyor of the port of New York under Mr. Lincoln from 1861 to 1867. He is a large, marked, imposing man of affable address. REYNOLDS. John H. Reynolds ts an old Albany lawyer of high fending socially and professionally, and he argues, it ia sal a, More cases in the Court of Appeals of the State of New York than any other practitioner, He was onee a member of Congress, and is about forty-eight years of age, with brown hair and a Dorid complexion. ‘These gentlemen will divide up the defence of Judge Barnard in the following way :— The people of Saratoge, who subsist and thrive | ment, divided by an aisle into the county offices, | the ultimate a ae ev before the trial is done. JUNSEL FOR PROSECUTION. Cott, of Brookiyn, is a well known ; he has a large, finely cut face, rathe ed and severe in expression, With grayish hab aud a gray tuft of tee upon: the chin. John E. Parson is a lea ‘k-skinned, good-look:ng man, with thin, darkish side whiskers, Mr. Pratt, the third counsel for the prosecution, is 2 quaint, fronical, country-looking chap, Whose ability re- mains to be seon, Promineut also, to-day, though not retained in this case, was Colonel Harrison, the prosecutor of Judge Mocunn—formerty Jeff Davis’ private secre- tary—a young, sharp jeatured, fighting looking Southerrier, with a bright, black eye, ears up and & trim mustache, THE FIRST DAY'S PROCEEDINGS, The proceedings began to-day by a speech and protest from W. 0, Bartlett, not very interestil asking delay on account of Judge Baruard having bad attack of the gout; he also liad a letter read some of the counsel protesting inability to be presel ull Thursday, and adduced aMrmations of John J. Crane, Alonzo Clark and White that it would be impossible for Ju Barnard to appear. His futher had died of gout. He (the impeached) had it in the blood, &e, Mr. Alvord promptly rose, with his hands folded across his stomach, his bland, rowud face and abundant grayish white hair and beard and bald to) being is only notable marks, and his short, thick body was encased in oa light Mnen coat and white unmentionables. He made mtld objection. A eat eapipd being put in favor of adjourning tilt ‘Thursday no voices were heard on that side, ‘Those of a contrary opinion, No.” Ci bass answer rolled round the hall of “No.” Mr. Bartlett again rose and made objection to anything being done, as his client was suffering frou the visitation of God, &o. j “Question overruled,’ said the Licutenant Gov- ernor, SWEARING THEM IN. ) The Sergeant-at-Arms, in his blue coat, present a Bible, and the Judges of the Court of Appe: present gathered around him and quickly took tl oath, They were a gravo-looking body, Next) groups of Senators, four at a time, gathered aroun the Sergeant, heardythe oath read all sia@iding,, with their fingers touching the extended Bible, and, as the Lieutenant Goyernor said the last word of the oath cach kissed the book and ahasséd back to his seat. This being all done ia a few minutes? space and the horse race coming on, the venerable body adjourned of its own motion. COMPLEXION OF THINGS. The Senate, which 18 the political part of this court, consists of six democrats and twenty-three) republicans, and the presiding officer is a demo- crat, butshas no vote except in case of a tie. Of the Senators, excepting two or three, all the republicaus are Grant men. Allen is known to be) aGreeley man and three or four others are fi doubt, The bitter feeling provoked by the new combination between Mberais and republicang reaches this trial, and the majority, many hazard the opinion, will go for removing any democrat from oice whenever the opportunity occurs, RELATIVE STRENGTIC OF THE TWO SIDES. Jndge Barnard has many friends here, who allege that he has every chance—if aw and not politica: prevail—to bo acquitted, His attorneys say that u aro perfectly confident if the gase is tried on} the’evidence and the authorities. Asked what the mental force of the managers in themselves was, & lawyer for the defence said to-da: “Ben Butler could swallow them alive in the managing line, and then have nothing upon his stomach.” WHAT POINTS THE DEFENCE WILL ARGUE. } The first question to be discussed by the lawyers of Judge Barnard will be a plea in abatement to the articles of impeachment, on the ground that they were never properly or legally adopted by the House of Assembly. This is to be shown by the journal of the House, It is claimed that the articles were never certl- fled by the Speaker of the House as having been! adopted and never entered on the journals of the House, but they were transmitted to the Senate by the managers without Soy certificate whatevers If this impeachment be in the nature of an indict- ment, the articles have not been properly found. ne consideration of this question will take much time. Second—That no original certified articles of im- peachment are now on file with the Court, and none have ever been on fle, Third—A motion will be made to st charges and specifications relating to ings of Judge Barnard prior to 1869—the commencement of his p ern of offlce--his counsel claiming that he can only be impeached and reinoved for acts done during the term he now fills. The people passed we his con- duct prior to that time fn the election of November, 1868. Ifthis motion should prevail more than one-half of the charges and specitications fall to the ground, and ae terin of the trial will be materially short- ene om ee Burglary. % The residence of George T. Samuels, No. 435 Ful. ton street, was felonlousiy entered Tuesday night, and robbed of $200 worth of property. Fire from a Leak in 2 Gas Pipe. At four o'clock yesterday morning a fire broke out in the store of Mr. Joun Young, 133 Atlantic street, and before the flames were subdued @ damage of $500 was done to the stock and building. The fire was caused by a leak in the gas pipe. Tho Mortuary Record. The mortuary record from the Board of Health shows that there were 370 deatns in Brooklyn dur- ing the past week, This is a decrease of 269 from the inortuary of the previous week. Of the oN oe 45 were men, 47 women, 145 boys and rls. f Serious Assault. James Donlan, of 420 Baltic street, committed & serious assault, Tuesday night,on Mrs, Margaret Winsdor, with whom he had some words, fe struck the poor woman over the head with a shovel, rendering her almost insensible. She was taken to the hospital, aud Donlan was locked up to answer. Careless Driving. Mr. William Bedell, a builder, Grove up with his’ carriage to the corner of Union and Smith streets yesterday afternoon, where he stopped to speak to @ friend. While standing there bis horse was run into by @ grocery wagon driven by John Sterling and killed. His wagon was also smaslied to pieces, He estimates his loss at $600. Plymoath Church Stiver Wedding. ‘ There is to be a four days’ jubilee at Plymouth church, beginning on the 10th of October next, asa celobration of the silver wedding of the Rev. Henry Ward Beccher with his congregation. He was in- stalled pastor of the church on Sunday, the loth of October, 1847, twenty-five ago. Previons to his call he was pastor of the » Presbyterian church fp Indianapotis, Ind. The jubilee will com. mence on Tuesday, October the loth, and will last until Friday evening the same week. During the last three days, among other ‘interesting ceremonies, will be a gencral gathering, a8 far as possivie, of all the members of the church, past and Pipeant pena 3,310, Many are scat- tered ali over the United States, On the evenin, of the day of the reunion there will be a genet tea served up in the lecture room. ‘The closing services will consist of a prayer mecting and the administration of the Lord’s Supper. Sunday Crime and the Killing of Officer Donahue. The Brooklyn Police Commissioners issued a cir- cular on-Monday in regard to Sunday crime in Brooklyn and the murder of Officer John Donahue. They say that “the impending doom that awaite the cowardly and brutal murderers of the faithful Oficer Donahue does not seem to deter the ruflians that prow] through our streets trom assault- ing the ofticers of the Jaw. Yesterday, even the Sabbath day, and ere the remains of that martyr to jaw and order were consigned to their restin lace, police officers were murderously assailed yy rum-crazed would-be murderers. ‘ihe police must remember that the danger of assault and pos- sible murder to which they are exposed on Sundays: is increased just in proncr soa to the quantity of intoxicating spirits that is sold oa that day in par- ticular, b use of the large number of men and boys who persist in Meni 9 and lounging in the ence the importance vicinity of drinking saloons; of vigorous enforcement of the law which prohibits. the sale or gift of tntoxtoatinig liquors on Sunday, While tire prompt arrest of all law breakers is credit= able to the police, yet the best evidence of an em- cient police force 18 the absence of crime. But the usual catalogue of crime on every Monday morni cannot be reduced until the sale or pretended uit of spirits on that day (in not only public drinking in saloons, but also in drug stores) is suppresse While the Commissioners thus publicly thank the police for the fearless and successful arrests, and in mauy instances at the apparent risk of their live yesterday, they would most earnestly enjoin them the paramount duty of preventing crime, by the arrest and imprisonment of all persons, whether lquor dealers or druggists, who either publicly or covertly violate the law, ee Result of a Row in a Liquor Satoon. © On Saturday evening last @ fight took place in Fay’s liquor store, corner of Thirty-eighth street and Second avenue. James. Cloonan, of No. 330 East Thirty-elghth street, one of the principals, ‘was stab! in the groin and very seriously cut on the head with a bottle by two brothers, named James and Patrick Finlan, The injured man wag sent to Bellevue hoes shed where he is now confined in & precarious condition. bit Patrick Fin- lan was arrested and taken to the Yorkville Police Cor where he was committed by Alderman urt, Mr, Andrews gets up the testimony; Mr. Town- | Plunkitt to await the result of Choonan’s tj send poke up Tyo" guinoriwes et law Mr; Deped — The other brother bas not yet been arrysted,