The New York Herald Newspaper, August 3, 1872, Page 3

on Sunday, A lodge rooms, for the pu Hope in the last the ate Brother john Thompson. WM. A. STUART, Master. W. InvING ADaMs, Secretary. Tonz.—On Friday, August 2, DANIEL Tons, aged ‘the Tends of the family are invited to attend the funeral, on Sunday, at one o’ciock, from the residence of his parents, Tenth avenue and 114th street. Tyson.—In Broo! ‘Thursday morning, of his age. klyn, on 1, JOHN Ty: the 61st year wie se St ttt an en Willoughby street, on Sunday afternoon, August 4 epee one o'clock. ‘—In Brook! on Friday, August 2, Juage WATSON, tn the Butt: year of his ’ The relatives are respect! invited en Par the Summerfield Metho- church, corner of Washington and Monday, August 6, at two aw it 1, Mary Wi ursday, wile ‘HITE, a aged 63 years, nds of family reapeotfully invited the funeral from her late residence, 601 -ninth street, on Saturday, August 3, “ yutame On Triday, Angst 2, 1872, PRUDENC! i , August SUDENCE ‘Wigs, relict of Tuskord Williams, in the 86th year of her age. ‘The relatives and friends of the family are invited %o attend the funeral, from the residence of her son-in-law, John McCreery, corner of Palisade and Jefferson avenues, i hbhos 4 Clty Helghts, on Sunday, a: at one o’clock P. M. ILKENS.—On Thureday, A) it 1, Captain HENRY ‘WILKENS, in the 64th year of his age. Relatives and friends are respectfully invited to attend the funeral, from his late residence, 940 At- ‘lantic avenue, on Sunday, August 4, at three o’clock Philadelphia fart ee please copy. Woop.—On Friday, August 2, MARY MATILDA, sae ape daughter ot John and ‘Mary Wood, aged 8 mnths and 8 days. ‘The friends of the famlly are requested to attena the funeral, from the late residence of her parents, No. 1 Summit street, South Brooklyn, on Sunday afternoon, at two o'clock. Yates.—On Friday, August 2, Mary B, C. YATES, nly daughter of John and the late Mary Yates, Sen of Stafford, England, aged 17 years and 6 yn Friends of the family are requested to attend the funeral, from the residence of her father, 354 Ewen street, on Sunday, August 4, at two P. M. RIVERSIDE PARK. Report of the Commismoners Confirmed by the Supreme Court, General Term—Power and Rights of a Citizen on His Estate—Im- munities of a Railroad Corporation. ‘The lengthy legal controversy on the subject of the Riverside Park has, without doubt, been Drought to a final determination. At a special mecting yesterday morning of the Supreme Court, Gendral Term, Judges Leonard and Pratt on the bench, the report of the last-appointed Commis- sieners was confirmed. It was intimated that there would be an appeal from this Gecision, but this was believed to be more proforma than anything else. This park, as will be remembered, is to extend from Seventy- second to 129th street, having its western boundary on the Hudson River and its eastern boundary a wavy line vacillating between Twelfth and Eleventh avenues. The assessments for the bmprovement are about $6,000,000, the same, as usual, being counterbalanced by the awards and expenses.’ All the property owners could not be pleased, and by some the clamorous cry was raised of excessive assessments and by others of tusuMcient awards, On the part of some very bit- ter hostility was evinced to the confirmation of the report. The matter progressed through the various courts tillit reached the Supreme Court, General Term. On the 23d of last month before the latter Court, Judge Barrett, in addition to the Judges named adove also sitting on this bench, de- Mvered the following written opinion :— ui of the betel gah oF tte sabee wih 3 g 1¢ questions now urged might well be held to have been settiod by a prior General ‘Term, when the pro- geedings in this maiter were brought there, by an appe om an order of the Special Term confirming the repo! former Commissioners of Estimate aud Assessment That report was then set aside, new Commission- olnt and directions given tn regard to their holding the regularity. constitutlonality and seedings. A brief reference gary will founded on constitutional rea ms. The Chere wg this State have repeatedly held that fang taken in a city for public parks and squares by au- rity of law, whether advantageous to the publi for recreation, health or business, is 4 PUBLIC USK, and there appears to be no reason for doubt on the.sub- ‘The constitution of this State authorizes property to taken for public use, and the compensation therefor to ined by a Pas less than three com- ‘cout record (constitution, jon ts not the province of this to determine, in oR sition to the authority granted the Legislature to issioners of the Central ‘as fo the necessity for laying out new parke or wer to lay out new C., Was given to the said Commissioners, and they ‘as they were authorized todo. The eltizen Is entitled to the absolute control of his estate un- Jess taken for public use in DUK FORM OF LAW, ‘and this right it is the duty of the Court to maintain, His Jand can be, taken only by “due process of law. but Fihen the conditions required by the constitution Gf this te to be observed for the protection of the rights of the itizen have been complied with it must be regarded as a filment of the direction or respect to “due process of the law” whether the direction be found in the State con- tution or inthe Fifteenth Amendment to that of the jnited States. The protection of that amendment can bo woked only when the right of the citizen has been in- Yaded by a disregard of the “due process of law” as guar. anteed by the fundamental law of the State. Any other onstruction of the amendment would necessarily draw to the Courts of the general government all proceedings fo acquire property for the general use—a result not con- templated, I think, by its framers The extent of the new 4c., has been largely confided by law to the discre- ‘the Commissioners of the Central Park, appointed y the Court. We are unable to perceive that'we could EXKACISE A DIMORETION affecting the subject more wisely than has been done by the said Commissioners. We find no ground for holding at their discretion has been unreasonably exercised held in the matter of the Fourth avenue @ Wend., and in other cases). It ix also urged as an objec: tion that the lands of the new park are not all contiguous, ‘that is, there are interven uz bloc! spaces not taken. ‘It is said that by this plan there are four parks laid out under this one proceeding, aud that there is but ghe,nssesement of damages, while the different pieces ot nd 40 taken are of different values, are affected in dif- ferent, degrees, and, must be accordingly assewsed for 8 a nefit. The claim that there are four parks is not well ce led. There is nothing in the act requiring all the nd within the external boundaries to be taken orin- cluded within the new park. The {ntervening squares Rottaken in this proceeding are not so large as to inter- fere with the integrity or coutinuity of the plan, or the FQUALIZING QF THE ASSESSMENT. It is also objected that the Commissioners have not taken ‘or assossed the land occupied by the New York Central and Hudson River Railroad Company for its track. It is embraced within the limits of the new Park, oa cone ted by the Central Park Commissioners, has no estimate OF assoxsment, has been awarded for damage as imposed for benefit by the Commissioners, whose report is now under consideration. The land of the said company was pagan many y aul Fs ago for public use ase railroad, Dy jority of law. ‘The authority so to ase the said lan ‘has not been repealed, and iio express direction has ‘been enacted to take the land for a different purpose oF public use. It requires. an express inanifestati at least of the will of the Legislature, that the prior devo tion of the land to the use of the public, by a private cor- ration for its railroad) shall be abandoned, oF that other and Iater demand for the land for the public uso rsede the former use in order to justify the -ebange. The power so to take the land after a prior de- ‘votion to.a public uso cannot be implied. The continued ‘use of the railroad is not so inconsistent with the authority to lay out a public park embracing a part of HE RAILROAD TRACK as to justify land on this proceeding and stopping ite use by railroad company. The public authority may lay outa street or highway so as to inter- sect the route of @ railroad, but the use of a street or ‘ighway must subordinate to the ordinary or mecessary mse of the railroad the crosii with the observance thi required = Maa tana! ichise granted ure of @ coptract, ‘Jaw to the sald company. tn the nat assuch inviolable, except under the general power served to the State to peal the act by which the ald company is, incor think ihe Commis ssloners of Estimate an properly regarded dof gai compat jesignated limits of bape ark as not having been taken for the use of the and pot requiring any estimate for damages. In Core PAny foe ee tieaion to assess the land of the sald Gre maid Yand canes auyecessare only to observe that urpose except that of a |, and hence that the OF rather the benef wiltot apply to then Nets L4Nb,OF THK RAILROAD COMPANY, dg Wend., BR. Lait . The Owner, &c., he Mayor, &.) it i also frgee the costs expenses of the pro- seedings or mnder the direction of the former Comm! of Esti and Assessment, whose report the General Term matter conimitted rm, issioners ap) the General Te: coy Included in report now a THE PROPERTY BENEFITED the proposed improvement. Jt ars rd St Comumissiouers ndopied » large mart at te ney, the former: rd, and that thé rs ef the new 4 required in making a computation ot assessinents for benefits and estimates of. damages you .a different valuation of the lands affected. The o' oss and 6x poe work, &c., including th found to correct and useful, we rab] rhe work of the new board was nua- of cit fs J former one, taken at a certal int a ¢ values being adopted. ‘The objections on. Beale of Mr. George H Peck appear to be founded on a mistake as to the facts. ¢ report is confirmed. Judges Barrett and Pratt concurred in this opinion. THREATENING AN APPEAL. On the rendition of the decision of the Court, as given above, the settlement of the order followed. One of the counsel said he wished this attended to at once #0 as to alow prompt notice of an ay from the decision *Tondered to the Court UP Ap: to “new Gonmiesioner jught not to be side, and tho ted by resent NEW YORK HERALD, SATURDAY, AUGUSY 3, 1872—WITH SUPPLEMENT. BARNARD'S TRIAL. Was He in Conspiracy with Fisk and Could? THE LAW AND THE FACTS. Judge Grover States. the Case and Sifts the Wheat from the Chaff. Lawyers and Experts on the Stand. The Facts of Barnard’s Connection with the Albany and Susquehanna Railroad. TACTICS OF THE DEFENCE. The Right and Wrong of a Judge’s Action in Granting an Ex Parte Order. SaRatooa, August 2, 1872, The Court met at ten o'clock A. M., thirty-three members present. Jonathan R. Herrick affirmed that he was a director of the Albany and Susquehanna Railroad Company, and Vice President in 1868; remember the litigation connected with that company; there were fourteen directors; am acquainted somewhat with the circumstances under which Fisk and Gould became connected with that company. Counsel asked witness to state these circum stances. Mr. Stickney, of counsel for the prosecution, ob- Jected, as it had nothing whatever to do with the case before the Court. Mr. Beach read the nineteenth charge to show that charges were made that Barnard was TN CONSPIRACY WITH FISK and Gould and others through orders concerning this road. Evidence had been given in support of this charge. Barnard and these parties. We propose to show you the origin of the dificulty between Ramsey, President of the road, and these parties, in order to show that there was no conspiracy. the effect that there was an effort made, the object of which was to introduce a more economical man- agement ‘of the road. This effort was made in the usual way of securing stocks sufficient to get secure control of the road. He also claimed his ability to show that, as an obstacle to this effort, Mr. Ramsey had made issue of some 9,500 shares of stock and thus controlled the election. He thought this evi- dence was responsive to the charge, and re- pelled the idea that there was any illegitimate action on'the part of Fisk and Gould. Unless this evidence was admitted, said the counsel, why this defendant stands perfectly defenceless against the charge. It was only by the means proposed that the defendant could show his INNOCENCE OF THE CHARGE OF CONSPIRACY or of any illegal action. Counsel argued the point at some length, claiming that it was direct and re- sponsive evidence. Mr. Stickney replied that the prosecution had simply proved the issue of the orders and writs and the intimacy existing between Fisk and Gould with Barnard, but as to the Ramsey action, that had not been gone into, and it was not proper to go into it now. ‘The Chair submitted the question as to the ad- mission of the evidence to the Court. Chief Justice Church said he would base lis affirmative vote upon the fact that the Court had already decided that there had not been sufficient evidence to establish the fact that there was a con- spiracy betw een Judge Barnard und Fisk, Gould & Mr, Murphy said there being evidence adduced tending to show that there was a conspiracy, he would vote in the affirmazive. The Court decided by a vote of 16 to17 to admit the testimony by overruling the objection. Witness then proceeded to say that the origin of the difficulty was by distrusting the ability of PRESIDENT RAMSEY AND HIS MANAGEMENT; I shared in that distrust; originally seven and then eight dfrectors opposed his management; efforts were made pe ior to 1868 to change the direction; at length efforts were made to obtain = a@ = majority of the stock — for that purpose; four of our directors, opposed to Ramsey, called upon Fisk and Gould and asked their assistance, as I was informed then, and it was obtained; they agreed to loan $300,000'to these four directors for the purpose of purchasing indi- vidual and town stock; about one-half was held by the towns; over twenty thousand shares of the company had been issued; @ little less than eleven thousand shares had fallen into the hands of the Church party, which was a majority; I only knew of 9,500 shares ot additional stock being issued through testimony in the suits following. WILLIAM L. M. PHILP at this juncture was called on the stand and sworn. He was Secretary and Treasurer of the Company, and testified that he was subpoenaed to bring the stock ledger and directors’ books for 1869, together with other papers; but was unable to secure the books, for the reason that he was ill yesterday, and had to leave this morning before the ofice was open; he had intended to bring the books, but was unable to do so. Counsel prodaned. a printed bg’ of the subscrip- tions to the 9,500 shares, and Philp recognized them as cerrectly printed, and witness said he was not present when they were made, ‘MIE EXAMINATION OF PERRIET was then continued. He said the subscriptions to the 9,600 shares were made on the 9th of August; do not know where they were made; ten per cent by note was Lid on them; the Li once was made »b obtaining money from roesbeck and giving a mortgage for over $100,000 on e road; @ portion of these shares were voted upon; when the votes and it was taken nearly at the same time; some difficulty was had by challenging votes, and also by voters LS pda aol g the room; there were in- junction orders issued atthe time. Witness then detailed THE PROCEEDINGS AT THE ELECTION; prior to the election there was # finance committee appointed at the annual election in 1868; this was on account of the doubts as to the danancial man- agement, Judge Grover here raised the objection that this inquiry was going into the question whether the Ramsey or the Church party were right in the Sus- quehanna litigation, and which the Court had noth- ing whatever to do with; the question here was whether Judge Barnard had actea properly, and that was all the question the Court had to consider; Judge Barnard’s action was to be judged of on the papers presented to him and not as to which, amsey or Church, was right. He appealed to the Court to not set the precedent that A JUDGE'S ACTION IN GRANTING AN ORDER ig to be tried on the merits or demerits of the par- ties’ claims applying to him for orders, He said there were orders issued in this case on appiica- tione which, if he were the Judge, he would. have hesitated over, but he protested against holding this Judge responsible in his actiop on the question whether the Kamsey interest or the other side were sharks. Senator Murphy was reluctant to differ with the Judge just addressing the Court; that Judge nad the advantage of him in knowing something of these orders, for be knew nothing about them; but the Court had voted to receive a certain kind of evidence against the opinion of the Judge. The question was whether Judge Barnard had iasued these orders erly. He had voted to admit this testi- mony in order that the respondent might show that there was no corrupt conspiracy be- tween him and Fisk and Gould. He thought that dudge Barpard was to determine these applications ies the papers before him; 4fhe theaght the plaintiff entitied to the order, & was hie duty to grant the order. ‘The Chair stated that from the action of the Court he thought it was entirely proper that the re- spondent should have opportunity to putin this evidence. Mr. Beach then addressed the Court at some are asking if the respondent, after testimony had been taken as to the issue of these orders, should not have the right to show,’ if ke can, that he acted from honest motives; that if he erred it was from a mistake of the law and the fact. He asked but justice from tlis Court, nothing more. He was delighted with the expressions ie here the learned Judge of the peals, Grover, and the Senators, that the respondent's action was to be judged by the papers before him, and that he was not to judged by the corruption of those who came before him. Therefore he asked FREE LICENSE FOR TAR RESPONDENT to show the honesty of his motives. Mr. Stickney repiled, and the Chair put the ques tion to the Court whether objection to the evidence should be sustained, and {it was decided in the affirmative by a vote of 17 to 14. Counse) then said ne would put one or two other Guestions to the witgess on another polyt, agd Other evidence had been given to | show the social relations existing between Judge | Counsel then briefly stated the circumstances, to | was taken there were two Boaris of Inspection, | properly or improp- | asked the witness» he xnew anything concerning the 9,500 ghares bang stolen, Mr. Stickney obj to che question, and Mr, shares were illegally subscribed for; that the books sho win, the Ramse, LODGED IN A GRAVEYARD the afMirmative—19 to 14, diately proceeded to vote $100,000 to Rameey with- out any .} Mr. said he pro) to show that these 9,500 this tact were stolen party, Bnd finally " | for secrecy. The halt put the question to the Court whether the n should be st and it was de- Mr. Reach then offered to prove that the hoard of @irectors elected in the interest imme- just consideration. iekney objected, and the objection was sus- tained—20 to 13, Mr, Beach then said he did not think he ought to pea od the Court with any further efforts in this rn. wis, Syckney, in cross-examination, only asked witnes#if what he had testified to was from his personal knowledge, Watness said it was. JOHN H. COMER was sworn—He was for a long time, private secre- tary to James Fisk, Jr.; witness then stated the circumstances of a present of $1,000 i Fisk and Gould to a child of Judge Barnard; Fisk told wit- ness he wanted to make @ present ofa piece of = to tne child as a Christmas present; I told im such a present would not be appropriate, and that if I was going to make sucl resent I would make a deposit in the bank to kept there on interest, and let the child have it when it ‘became of age; Lalso proposed that # letter be written to Mra, Barnard stating the fact, and also a statement of the'fact when the money should be paid to the child; or in case of the child’s death the money should go to its biothers and sisters; this paper was attached to the bank book; witness ret the letter to Mrs. Barnard, which was u simple state- ment of the presentation; witness said that to his | knowledge Judge Barnard knew nothing of this | present; Gould has never repaid me; Fisk may have, Counsel for the prosecution said they had no questions to ask, except as to how many times he had seen Barnard in the Erie offices, and he said not over half a dozen times. : JOHN R. FELLOWS was sworn and testitied that he had been employed by Steinhart to secure a temporary injunction | order in the case of the foreclosure of @ mortgage on the fixtures of Irving Hail; he stated that he was | applied to, but at first was’ not inclined to make the application; but General Funk, a friend of bis, urged him to attend to it, and he did so; he be- came satisiied that the injunction was impera- | tively demanded and he went to Judge Barnard; the Judge was disinclined to take up the matter, saying he had already declined in the same case; | explained the case to him, and showed that it was | demanded, when he granted the order; [never | saw Judge’ Barnard before nor since; there was no | allusion made to my personal influence with Judge Barnard; I have no intimacy with the Judge | beyond that which I have with other judges; 1 had no reason to think I had any more influence with him than any other gentleman of the bar, Cross-examined by Mr. Stickney—I have known | the Judge since 1868; | made other and additional ! statements nesides those which appeared in the papers, I think; cannot say what, unless it was the statement of the connection of General Funk with in Saratoga; have no recollection of lunching with him; have vever met him at Fisk's, | “To Mr. | House, and most of the lawyers lanched there, Walter 8. Church, sworn—Was connected with THE ALBANY AND SUSQUEHANNA RAILROAD asa stockholder; was applied to by members of the Board to co-operate with them in changing directors; I advanced money to purchase stock with a view to effect that change. Mr. Stickney objected to going into the circum- stances of the litigation in tnis case, and the Court | sustained the objection by a vote of 15 to 16, | Mr. Beach said he was embarrassed by these votes, to know what was their effect. If, as sug- gested by Chief Justice Church, the Court thinks | sumctent evidence has not been ‘taken to establish a conspiracy, then he woulu be satistied and could understand the position of the Court. Chief Justice Church explamed his position, and | said that even if, as Senator Murphy nad said, | evidence had been taken tending to show con- spiracy, the evidence was inmaterial. He said as to the respondent he had a right vo act upon the papers, and if he acted properly, why then that ended the matter so lur as he was concerned. W. have the papers here, and that question can be di clded upon them, The Ohief Justice also said that the Judge issuing an order had no right to take into consideration the effect of his order, J. H. Reynolds, of the counsei for the respond- ent, showed the embarrassment the respondent labored under, as he did not know how much weight would be laid on the evidence already put on the charge of conspiracy. Judge Church asked how the respondent could show by witnesses better than by the papers them- selves that there was no Lela lepine A J that there was evidence tending to show couspl- racy. ir. Reynolds responded that he reely knew what evidence they would present beyond ihe fact that the respondent would give evidence tending | to show that THERE Chief Justice Chu the allegations, #8 contained in the appil jons for the ord de to Judge Barnard, were to he taken as true; aud he asked, as the respondent had the benefit of this, what more could be obtained in hi jalf from witnesses ¢ . Mr. Beach asked this question, assuming that these allegations are true, How will it be if, in the some of the members of the Court, suf- dence is received to show that there was Y What will become of the allegations This was the great pot to be Ss NO CONSPIRACY, & consp: said to be true ¢ understood. Judge Pratt, of the counsel on behalf of the prosecution, stated what they had proved or at- tral tempted to prove, and were willing to admit butting testimony; but they would object to going | Into the merits or demerits of these several cases, So far as the allegations in these applications were concerned and the orders issued upon them, the prosecution weuld ciaim and insist that he had wrongfully issued those orders, The prosecution rested their case upon the papers. If they were regular, and Judge Barnard was justified in issuing the orders, why, then, he will go free, But we claim, said the J After further aiscussion, Mr, Beach said he would ask witness another question, and asked him if he | what was the opinion they expressed to him con- cerning the action of his portion of his side. This was objected to, and the objection was over- Tuled—9 to 18. Witness said it was uniformly conceded that we were right, and that the orders asked for were proper, Witness then detailed the proceedings at- tendant upon the double clection for directors and the disturbances resulting therefrom ; did not know of any arrangement, agreement or conspiracy be- tween our party and Judge Barnard, Cross-examined by Mr, Stickney. | There was a general mecting of persons inter- ested in the road at half-past eleven o'clock; the stockholders’ meeting was held aiterwards, about twelve o'clock; Fisk came there about hajf-past eleven o'clock ; our side had talked of this general meeting at various places prior to its being held; the question of enjoining the inspectors was dis- cussed at the Delevan House the night before the election; 1 think Fisk was present; it is possible the resolutions adopted at the stockholders’ meetin were drawn up at that meeting; it was stated tha @ number of stockholders were expected up the next day from New York. JUDGE WILLIAM 1. FULLERTON and Earl against Heath and Kaphael. ined the complaint, Mr. Parsons objected to taking the opinion of this | Judge Barnard, holding that it was for the Court | to decide. He wanted a ruling by the Court. Mr. Beach said that this question had been ruled npon, aud this kind of evideace had been uniformly | recetved, He sald it was the practice of Judges | not to thoroughly examine, read over, and study papers presented to them, but rather to hear the statements of counsel, and judging from their cap- | acity and reputation act upon the application. The Chair put the question to the Court whether the objection should be sustained, and it was de- cided ig the aMrmative—16 to 10, Witness was then dismissed. Weeks W, Culver was sworn, and testified in the case of Elmendorf vs. rage, in which he was counsel, in which he plained the ailowances made by Judge Barnard, and which are charged to have been excessive. He said n@ “Wiowance was made to his firm. To Mr. Parsons—Our firm wae the socccssful party—that we got our money back; the allow- ances were made to the other party; we resisted the allowances; the sum of SEVEN HUNDRED AND FIFTY DOLLARS WAS ALLOWED RMAN PA we said ALDI RLEY; don't know whether all Farley did was te | hoid $12,000. Hamilton Harris was sworn and asked whether he was aware of the circumstances under which Fisk and others became connected with the Albany and Susquehanna Railroad litigation’ Counsel for the prosecution objected, and the objection was overruled--14 to 15. Witness then proceeded to state the circumstances of the A portion of the directors, dissatisfied with the a rement of Ramsey, requested witness to go to ew in changing the direction of the road and put it in connection with the Erie Railroad, Gonid told him to return and see how many shares the seven directors could contre!. He did so and found, with Gould's assistance, they couid control the management. Then the Ramsay party issued a large amount of additional stock—some nine thou- sand five hundred shares—and thus secured the majority. Then Lhe litigation commenced. Efforts were mado to secure the books recording the nine thousand tive huadred shares, but they were hid- den away. Witness then detailed THE DIFFERENT ORDERS IS8URD, and gave an account of the voting for the directors. Iwent to Poughkeepsie to obtain orders; I have forgotton what they were. Sterling had the papers; i went with bim to argue in the case; Judge Bar- nard was inclined to hesitate about signing the orders; I know of no co racy between Fisk and others with Judge Barnard in any of these matters. sey party had & majority of the aigor, excluding te a exclu 9,000 shaven subsctived the nf ht before elegtion. ~ Adjourned til ten o’ciock A. M, | the property; have met Judge Barnard at various | | places, at Deimonico’s, at J. McB. Davidson's, here | Beach—Delmonico's is near the Court | h reiterated his position that | was soqusiniad with the litigation concerning the | Susquehanna Katlroad, and he said he was, He | then gave the name of couus and was asked aiirmed and testified that he was counsel for Fisk | He exam- | witness on the suficiency of the papers before | Case. | ork and see Gould and ask his assistance | ABSCONDING HEZEKIAH. Strange Course of a Cincinnati Embezzler. Electricity as an Aid to Justice—A Clerk with $9,000 of His Employers’ Money Flees to New York—Remorse Overcomes Him and Ho Again Starts Westward—Arrested by Detectives En Route Twelve Hours After Information Was Given to the Police. OINCINNATI, August 1, 1872, It is a diMeult matter for anybody, be he pro- fessional thief, highwayman or employé, to steal money from the Adams Express Company and escape with the plunder, Numerous men have made the attempt, but in nearly every case nave only proved the truth of the statement that such undertakings are arduous and very apt to go unre- warded. Last Saturday night Hezekiah H. Whittie- sey, & money clerk in the office of the company in this city, left on the quarter to ten o'clock train on the Pan Handle road for the Emptre City. He car- ried $9,000 of his employers’ money with him, and prior to leaving had enclosed $1,000 in @ letter and sent it to his wife, and had also given $1,000 to a female friend ina West End home for easy going daughters of Mother Eve. THIS MONRY HE HAD STOLEN while in a fit of mtoxication. He had been a drink- ing man for three years previous; but, having always attended to his business with exceeding diligence, no notice was taken of his infirmity by those above him. He was trusted implicitly; and, although not getting more than $1,200 a year salary, was yet in the daily habit of handling amounts of money that in the provinces would be es- | teemed princely fortunes. He arrived In New York on Sunday evening, and on Monday deposited $6,000 in a bank. With the remainder of the stolen funds he “spreed”” around very recklessly during the day, and by eventide found himself in a state of partial drunkenness and complete remorse of mind. CROSSING THE NORTH RIVER TO JERSEY CITY, he sought a telegraphic office and despatched a mes- sage to his wife announcing his whereabouts, It had been his intention when leaving to 40 to Mexico or Spain, as he stated in a note te his wife, accom- panying her pension, This resolve had been weak- ened, however, with every hour of his experience away from home, and so, on Monday evening, he is | found aboard a Western bound train, with a through ticket to Cincinnati in his pocket, Nothing of startling moment served to agitate his racked | and disordered brain until the train reached Mead- ville, Pa., and there it was BOARDED BY TWO KREN-VISAGED MBN, dressed tn citizens’ clothes, who looked sharply at each and every one of the travellers as they passed through the cars, When they came to Whitten: he was found seated by himself and with his righ | hand covering its mate. ‘The strangers at once ad- dressed him and were soon having quite a confab with him. During this period they contrived to have him part his hands, and then they saw that | the Ilttle finger of t ft one was crooked Ina peculiar mauner, Very quietly did they conduct themselves, even after the success of their ruse, but Whittlesey saw plainly that his case was hope- less, and that ifhe did not wish to be humiliated by having the iron wristbands put upon h he must keep within the range of the strangers’ | vision and not make the slightest move towards an | escape. The men, although seemingly assured that they were on the right scent, still kept a Vigilant eye open for all new comers, and when the train reached Leavittsville, in the Buckeye State, one of them left it and started off alter an inno- cent German, who was bound for Cleveland. The | other detective, however, stuck close enough to | Whittlesey to keep him perfectly safe, and both he and his victim seemed to be of the same mind re- garding the situation. When the train rumbled into the depot in this city, at an early hour of Wednesday, the pair locked arms and walked into | the street together. | found THE AGENT OF THE COMPANY AWAITING him and without a word he walked up to him and | handed him the check for $6,000 on the New York | bank. Then he was takem to the nearest police | station house and locked up on the charge of em- bezzlement. He felt his fall most deeply and was but littie inclined to converse with any one, cansed the utmost surprise to the officers of the pearance. He did not come to the office, as was his usual custom, on Saturday evening, but. that cir- cumstance caused little comment and his failure to turn up on the following day was also dismissed with scareely any ~ speculation. On Monday morning, however, as time passed and he did not come, his associates | thought something must have happened to him, and so sent a mexsenger to his house in Newport. | fhe messenger returned and reported wife’s lips that he had gone to Louisville. The telegraph wires to that city were then set in mo- tion, and at the same time an examination of his accounts was entered upon. In answer to the de- Spatches, word came that HE WAS NOV IN LOUISVILLE and had not been there, and the expert who worked up hisaccounts could find ti ground for the be- Hef that he had absconded. The mystery, however, had to be solved, and immediately upon receipt of the intelligence from Louisville a description of the man and the brief statement that he was “wanted” were telegraphed to every prominent city 1 town from New York to Denver City, and from New Orleans to Montreal. ‘Thus warned, the police of the entire country were on the alert for ‘culation a dozen hours before 8 it Meadville. He has been in the employ of the company for ten years, and, as before remarked, has hitherto been regarded as an honest and upright man. He asserts that he was led to drinking by the se- | duction of his first wife by apaymaster in the arm: He is now eaten up with remorse, and firmly di clares that he will ‘pull up” if the company give him the opportunity. As his friends are numerous and much good feeling is entertained fer him in the oflice, such will probably be the turn the affair will take im the end, SPANISH RULE IN CUBA, Venezuelan Report of Outrages on Citi- zens of the Republic—How Travellers Were Treated in Havana. New York, August 1, 1872, ; To ras Epivor or THE HERALD:— ° Sik—I hold it very necessary to make known the contents of the following lines, extracted from a letter dated in Havana the 22d of Jnly ult., as it re- fers to the behavior of the Spanish government in | regard to travellers stopping at said port :— The 6th of July, uit., Mr. Vicente Michelena and | Mr. Ramon Dominguez, citizeus of Venezuela, left | for Vera Cruz from the port of St. Themas on board the French steamer Florida, Offret, master. |} On her arrival at the rt of Hava | and about one hour alter lying at anchor, | afew policemen invaded the boat for the purpose ) of arresting the said gentlemen, by order of the | Captain General of the Island, Mr. Michelena in- formed Captain Offret of the fact, and invited him | to decide whether the vessel, as well as the passen- | fr. were to be under jurisdiction of the police of javana, to which Captain Offret answered, “Ca ne | me regarae pas,” and turned his back. Thus deing unprotected, on account of Captain Offret’s manner | of proceeding, the Venezuelan gentiemen were violently arrested by the policemen, who took them | to the prisons of the city and confined them in the | Bartolinas, the most awful dungeons | ever invented by — the Spainiard’s — bar- | parity, where they were locked up and de- | prived of communication. After this they | were removed to another department of the prison building, in connection with about seven hundred murderers and robbers, almost all of them | belonging to Spain. Their sufferings, material and | Moral, were extreme, Mr. Silva, the Venezuelan Consul, after much ex- ertion, suceeeded in getting them reicased, and | was informed by the authorities of Havana that no charge #Ver existed against the gentlemen; that no accusation had heen made against them, and that they were perfectly free from any guilt and | therefore released. The same correspondence states that it was reported that Captain Ofret caused these gentlemen to be arrested YY, suggest- | ing the idea of their being suspicious, e through the exertions of the Consul the two Vene- guelans would have been hung up, without regard to law, as the istrates of Cuba are always thiraty for blood. What a crime to be a Venezue- lan! Venezuelans are free men, and as such they warmly desire the independence of Cuba. May God help the brave Cuban soldiers in their holy work of independence. They from the heroic and glorious fields of battie are to abate the usurper’s pride and cast them out of their native beloved country, Cuba deserves to be free; ahe must be free, and doubtless before jong the Bi will spread its Tact hake over the whol The reported fact being a tran conveys an insult, not so much men 80 cowardly arrested, as againat their country, it deserves to be reported again and In, 80 that the world may become acquainted with the fact, and prononnce the Spanish nation. if approving such misbehavior, any room in the 0 civilized nations, The go ernment of Venezuela is expected to demand sat- isfaction for the purpose of vindicating the honor id rights of the country, Yours, very respect. ~ nd ‘There the infatuated criminal | it | company when they learned of Whittlesey’s disup- | trom his | the eriminal, and the news | re it not | to be unworthy of oceupying | vices rendered out ie of v- | States CONFIDENTIAL SMITH. RPE ISL Five More Complaints Entered at Essex Market Court, and They Are Still Pou ing In, Another batch of complaints was recived yes- terday at Essex Market from the victimsof the | now notorious “Smith, the confidence man.” It was the same story all through, a husband, son or brother, as the case might be, was locked up at | some of the police courts of the city, and the fine required to get the hypothetical prisoner out varied from ten to forty dollars, according to the supposed means of the party applied to, ‘The first case was that of Mary Nelson, a poor colored woman residing at 52 Vandam street. Mrs, Nelson identified Smith as the same man who | ealicd on her on the 27th of July and represented to her that her brother was locked up at Jefferson Market on a charge of assault and battery and was held under a fine of $25, Mrs, Nelson was very Much excited and was quite voluble in her denan- ciation of the swindler, She said she gave Smith all the money she had, $15, and he was to raise the other $10. Shortly after Mra. Nelson’s exit Mra, Emily Holmes, of No. 50 ‘Third street, appeared, accompa- nied by her husband, also identitied the “obliging young nan” asa party who made appli- cation to her on the 30th of last month, on behalf of her husband. Smith represented himself to Mrs, Holmes as a Mr. Charles Kiddoo, who worked in the same shop with her husband, and which name Mrs, Holmes remembered hearing from her hnaband, Smith told the same old story about the husba 8 quarrel with one of his fellow workinen and his being locked up and fined $25, | He also told the lady that her husband had said to him if his wife did not have money enough to give him (Kiddoo) what jewelry she had, so that he could raise the amount of the fine, Mrs. Holmes took off her wedding ring and two other rings she had on her finger, besides giving him a $2 bill. Smith, ahas Kiddoo, then left, and Mr. Holmes returned at the usual bour trom his work, and, much to the surprise of his wife, knew nothing of Dis own arrest, Mrs, Holmes had hardl finished making her com- plaint when two more Indies made thelr appear- ance before His Honor Judge Scott, One was a tall, portly, finc-looking woman, with her gray hair @ la Pompadour, and richly and fashionably attired ; the other was a young, fresh-looking, dark-eyed | girl, about twenty years of age. Both ladies seemed ‘ymuci in earnest about something, and the Seemed to divine the cause of their appear- | ance at on: | «well, m ,"? smilingly remarked His Honor, “ave you another victim?” “{ “think I have been,” replied the lady, “1 would like to nave & peep at this man Smith, I have been swindled out of $10, and I saw an ac- count in to-day’s HERALD about a fellow going around and swindling people, and I want to see if it is the same man that made a fool of me." Judge—Omeer, take this lady inside and see if she can identity the prisoner. In a short time the two ladies, whose names are Mrs. Rebecva J, Schenck and her danghter, Miss Jennie Schenck, residing at 526 West 'Thirty-fourth | street, came in with @ peculiar smile of satisfaction iltumining their features. “Well, ix it the same man ? said the Judge. Mrs, Schenek—Yes, sir; it’s the man. I would | know him anywhere. I would know every stitch of his clothes, It was the 6th of last month he came | tome. He said my husband was locked up in the ‘Tombs for striking a man in his office with a chair. He remarked quite confidentially, “You know Mr. Schenck is a quick-tempered man.” Igaid, “Yes, 1 know that.” Then he wanted $40, I only had $10, and gave that to him, I thought it very strange that my husband did not send to Judge Porter or some of his friends; but my kind friend at once Informed me that Judge Porter was out of town, and any way my husband wished it | kept AS secret as possible, udge—Well, madam, will you make a complaint? Mrs. Schenck Weaute ty it will help to punish him, Twill. I would like to send him up for ten years, The lady proceeded to make her formal aMdavit | Raha it with any quantity of remarks about | how the said Smith had worked his way into her | confidence, and “made such a fool” of her, as she expressed ‘it. She was evidently a very angry wo- man, But Mrs. Schenck was not the last complainant. About ast three o'clock in the afternoon | another colored woman, named Eliza Major, living | at 124 West Thirty-third’ street, wanted to faentity | the prisoner, She had been swindled out of $30 | on the 17th of June last, ina manner somewhat | similar to the other complainant. She also identified Sinith, and added one more to the pile of affidavits against the confidential, (riendiy Smith. During the day Judge Scott sent the prisoner over to Police Headquarters to have his photograph taken, A man named William Horton, of 227 Chrystie street, Was arrested yesterday on suspicion of being con- nected with Smith in his nefarious business, but there are no complaints against him as yet. THE WRONG MAN, How a Confidence Operator “ Ralscd” a Letter of Credit and Became a Forger— A Correction. An unintentional error appeared in the HERALD Jefferson Market Police Court report of yesterday. In a case of alleged forgery it was stated that Mr. “George H. Sweet, who lives at 29 Broadway, was brought before the bar on a charge of forgery,” the complainants being Walter Brown & Son, of 26 and 28 Park place. The facts are that | Mr. Sweet was the complainant in the first instance, the forger belng an individual known as G, W. Jones, alias A. C, Davenport. This | man Jones arrived recently from Texas, and shortly | alter his arrival presented to Mr. Sweet a letter | purporting to have been written by a friend of Mr. | Sweet, Mr. R. Jones, of Texas. This letter vouched for G. W. Jones as a'reliable and responsible party, and to make his reliability appear more substantial he also exhibited to Mr. Sweet a bill of lading for quantity of wool said to have been shipped to this city from Texas by Mills & Uo., of Galveston, On the strength of these combined representations he obtained from | Mr. Sweet an order on Waiter Brown & Son for $10, Jones-Davenport at once proceeded to alter this note of credit to $50, which job he accom. | plished and obtained the money. Mr. Sweet, there- | fore, caused his arrest and prosecution, and Jones- | Davenport is now held to answer, volonel Sweet now believes that the letter of recommendation and the billof lading are both forgeries, Colonel Sweet is a perfectly reputable gentleman, and ig doing, the community aservice by ridding’ it of “Jones.” THE PRIENDS OF DUMB ANIMALS, The Society for the Prevention of Cruelty to Ani- mals acknowledges the receipt of the following do- | nation: H. B. Clafiin.. $2,000 3 Phelps, Dodge & Go. |. 1,000 John Claflin... 300 Hoyt, Sprague & © 2 J. & W, Seligman & 20 Low, Harriman & Co.. 250 Anttiony & Hall 5) Babcock Brothers & Co, 25 mes L. Little & C i se, Stewart & © Howe & ritekt, J 5 DEP Knitter, Lukem LR vi Aldrich, Iddings & Clif. OM ee ig | t¢ James Brown. - ; John D. Wolle (the late) E.G. Sauler.... 0... Kidridge T. Gerry Royall Phelps 5 Van Valkenburgh.... | HENRY BERGH, President, | Henry CLEews, Treasurer. THE CHOCTAW OLAIMS—THE OTHER SIDE. Mr. Latrobe—The Still Unadjusted. | To THE EDITORS OF THE BALTIMORE AMERICAN :— GENTLEMEN—I find in your issue of the 27th tnst. an article copied from a New York paper saying | that “a letter from the Choctaw country states that | the Congressional Investigating Committee now there has discovered that of over two milllons of | dollars paid for their Missouri lands none of it has been received by the tribe, but passed into the | hands of a Baltimore lawyer named Latrobe and the five delegates to Washington irom that nation. ‘The Chickasaw Indians were also similarly victim- ized.” | AS you suggest, I am no donbt the person alluded to. The above statement is utterly untrue, | Neither Choctaws nor Chickasaws ever possessed a foot of ground in Missouri. If the writer intended to refer to their old possessions tn Tennessee and Mississippi, they were purchased by the United States under the treaty of 1882, The government was to survey and sell them, paying to the Indi- ans the net proceeds, These, under a sub- sequent treaty, were liquidated by an award of the Senate of upwards of $2,300,000 in favor of the Choctaws, of which there was paid in 1861 the sum of $250,000 on account, and no more. The Chickasaws, inaisting that they had been Gaerceny, defrauded in many ways, in this behalf, heir accounts were referred, under still another treaty, to the Secretary of the Interior for examina- tion, whose decision was 10 be final. This examina- tion has not yet been cae But neither for the balance admitted to be due the Choctaws nor oe \— open hy A oeeere ee aptly | paid, aireo or eotly. are among those matters which wear out life times before Congress. Letter from Claims My own employment by these nations commenced in 1 when Trepared tor the Choctaw and Chck- asaw Commissioners and with the then ni Secretary of the Interior the treaty of June, and was ee cee, along with others, for ser- to the Indi aa, of col under treaties, on the Te-eseapiishment Of the relations ot rdaanteecachtan JOHN H, B. LATROB 3 PILLING UNCLE SANS COFFERS, Over Three Millions in Duties Collected in Two Days. The Merchants’ Millennium---The Ten Per Cent Reduetion---A Rush on the Bonded Warehouses, ere CUSTOM HOUSE TALKS AND PEOPLE, All through the business hours of yesterday the rush of merchants, brokers, agents, clerks and messengers continued in the Warehouse Depart- ment and Naval Ofice of the Custom House, con- sequent upon the ten per cent reduction of duties on imports authorized by act of Congress approved June 6, The pressure of clerical business was fully as great as that of Wednesday, the first day of the operation of the new law, though the receipts for duties fell considerably below the receipts of the preceding day. ‘The reasons of this apparently anomalous result are that the withdrawal permits granted on Wednesday embraced the lists of tie heaviest importers in the city, among them being A.'T. Stewart, H. B, Claftin, Phelps, Dodge & Co., and other gigantic concerns, Yesterday the smaller importers had almost the entire withdrawal business to themselves, ‘the | clerical Inbor in the routine of issuing a permit for the withdrawal of a $5,000 invoice of goods would be the same as for a $500,000 invotce. On Wednesday there was received about two mil- lion three hundred and eightcen thousand dollars— the largest amonnt by probably one-half ever re- ceived here ina single day. Yesterday THE RECEIPTS FELL to $900,000, making a total receipt for two da $3,218,000, To use the expression of a genticman: in the Warehouse Department yesterday afters noon :— “Keep that up a little while and we shall soon pay off the national debt.” But, leaving aside the consideration of the clerl+ cal labor at the Custom House, it was interest- ing to note the perfect furor that prevatied at the bonded warehouses. There are ai one hundred of these warehouses in N and Brooklyn. At nearly all of these es ments there were demands presented for the with drawal of goods, while at some the rush was some- thing tremendous, A very large proportion of the orders granted were for heavy goods in hogsheaus and cases and for heavy metal invoices. Of course’ every importer was desirous of obtaining his goods. at the earliest possible moment, and the amount of physical labor performed at these warehouxes inp the past two days, consequent upon the handling of the goods, cannot be estimated. COLLECTOR ARTHUR was at his post as usual yesterday, and was, ag usual, courteous and busy, a continual stream of prominent men, merchants, ofietals and orks oie into and out of his office as soon as t usiness was despatched, The two most no individuals who waited upon him during HERALD reporter's visit were ex-Collector Murph y, heavy and stern-looking, and a dapper little cier' from one of the departments, who carried a pe with an extremely long handle behind his ear, ax suggested at once a sloop yacht, rigged with @ schooner’s main boom, ‘The Collector received the reporter very pleas- antly, and, in answer to fuquiries, stated that the business under the new tari! was progressing very satisfactorily, but that the great pressure which had marked Wednesday's transactions had declined slightly, and would in all probability decline to the average ratio in the course of a week. He, of course, alluded to the extraordinary —re- ceipts of duties on the preceding day, and said that the greater portion of the tax had been paid, not in gold, but in gold certifi- cates. He had notified most of the leading import- ers-previously of the necessity of being prepared in) advance, and they all had their certificates jai readiness. In this way much confusion had beer avoided, and the market had not materially felt the withdrawal of so large an amount of gold value, as it had been withdrawn gradually to meet the necessity. ‘The Collector then conducted the reporter througiy some of the departments where the business was being transacted and finally turned him over to the polite attentions of Mr. T. L. James, Deputy Collec- tor of the Warehouse Department aud Storekeeper of the Port, and Mr, Harvey Major, Assistant Super- invendent of the Custom House, Superintendent Major, in the course of a subsequent TOUR THROUGH THE VARIOUS BUREAUS, explained with great minuteness the working of the warehouse withdrawal system and other pro- ceases connected with the collection of the national imposts. The system is one of great elaboratencss and apparently of some circumiocution, which na doubt often proves extremely irritable to mers chants, but which is evidently very necessary for the accurate and faithful control of — sucl vast public interests, In every branch of the W&rehouse Department and Naval Ofice every desk was occupied by its clerk, many of the latter being one-armed men—frag- ments of the iiion—who had learned to writa with the left har nee the close of the war and are now ba | properly rewarded for their patriotic services and sacrifice. There are clerks of alk patterns in the Custom House; the young and enthusiastic penman, who prides himself on the amount of business he can despatch, and the elderly, sedate, ofictal-looking clerk, who will not be hurried by anybody and never makes a mistake, as he carefully cons the record over the edge of hid spectacles, There are handsome clerks and pale, worn-looking clerks; clerks who were soldiers an clerks who wouldn’t be soldiers for the world; clerks who have served through two or three ad- ministrations, and clerks recently appointed wha are not sure of serving through the balance of tha present term, and, in the light of the oe election, are very anxious to be on the winning side for the next administration, but are not quite certain as to which side that willbe. Yesterday there was A GREAT DEAL OF INQUIRY rife among them, not unmingled with anxiety, im reference to the election in the Old North State, but most of them came to the conclusion that, inj any event, Grant could not be very seriously affected by it. Comfortable conclusion to arrive at, certainly! Superintendent Major has been eleven years im the Custom House service, and has had great ex- perience in all that pertains to the import busines of the port. He is also the compiler of the “Storage Guide,” a work designed to convey all the informa- tion which is desirable for merchants to know and have at their fingers’ ends concerning warehous- ing, cartage, storage, labor, customs fees, &c. Im conversation with the reporter Mr. Major expressed the opinion that THE PRESENT REDUCTION _ sin duties is not likely to prove of much benefit to the masses of the people, although that was the nes doubted object sought by the passage of th law. He found it very difficult to ex- plain the reasons why such a state oi affairs should ensue, but cited the law abolishin, the duty on tea and cotfee to sustain his opinion, The general impression had been that as soon a: the duties on these articles were abated ther would be a considerable reduction in their retai cost, whereas in point of fact, there had bee a slight advance, He could only attribute sucht @ result to the operations of monopolies in th trade, who, in @ spirit of speculation held lanl quantities of stock, so as to create a stringency im the market, and thus enhance the value. To-day, in all probability, will terminate the rusty of busin the Custom House, though it is prob able that the warehouses will be pressed to an une usual extent for a week to come. CONVENTION OF IRISH SOCIETIES. The City, a County of New York, Represented=The Catholic Protectory To Be Sustained. Aconvention of the Irish societies of the cit and county of New York was held last night ad Hibernia Hall, 42 Prince street, Five delegate! were present from each of the following societic: viz., from twelve societies of the Ancient Order Hibernians, from eight of the Father Mathew societies, and from the societies of the chur: 7 ac an St. James, St. Columba, St. Michael, Holy Innocents, Mr. Thomas Kerrigan acte as Chairman of the Convention, Mr. Edwa L. Carey as retary, wit M ug! Coleman and Mr. Carroll , as Vi Pres! dents. The object of the Convention, as nounced by the Chairman, was to take measure to have the constitution and bylaws of each seciet; revised in sucha manner as would tend to theii more perfect consolidation. The names of add! tional delegates from societies not represented at the last Convention of March, 1871, were enrolle in the calendar, AS these societies are ex. clusively Irish, or American by tion, it deemed prudent to receive no native America! into office, but to grant to them all other privilege: = e socteties hold ‘orth. beg Spee if ve appoin: in each societ, offices iiud “been recently made vacant either b; death or continued absence. After some lively d bates characteristic of Irish wit, humor and jeal+ ousies, @ motion relative to the contributing of money towards the sustenance of the orphani of the Catholic Protectory, lately Certs ‘was made and carried. ited by the Pre: dent of the Convention to wait on the Right Rev: pg yg eager and request his as tothe best manner of raising five or six thou- sand dollars for this charitable purpose. The Con, vention adjourned about ten o'clock P. M., to b¢ coceled on the 376K ’