The New York Herald Newspaper, August 14, 1872, Page 8

“ARNARD’S IMPEACHMENT ee rd Gentinnation of the Argument for , the Prosecution, X + Se. hi STEKNEY'S CHARGE OF CONSPIRACY, Beach Striking at the Political Mem- ’ bers of the Court, A COURT OF DUMMIES. Sarzard Being Tried by the Bar Asso: ciation of New York. — 4 Sanarooa, August 18, 1872, The Court met at ten o'clock this morning, ‘attention to the dates of the orders issued this case, which were not in accordance with "fie time of thelr issuance as testified to by wit- pesses. The fact was, counsel said, that there was Me other judge out of the thirty-two in the State . Who would issue such orders. The parties apply- fag for them knew this. Judge Barnard himself fmew this, and know these parties came to | Bim out of place and ovt of time for} fais reason. Some of these papers purported | to have been issued in New York and bere fhe seal of the oltyand county of New York, yet | they were signed, if they were signed at all, at ie time in Poughkeepsie, as testidied to by witnesses | and by respondent himecif. This must be so, or @ise they had the New York County Clerk's seal in Albany, which could not have been the case; or again, the papers were afterward signed and gealed, Counsel called attention to the complaint ef Bush asking for receiver for the Groesbeck stock. This comniaint showed that the stock was is % nomant askea for a re- one Saiver’ ot s % E B38 ‘was thus voting on it. And this nly object of the from bein; ofthe road could be made ds of Fisk & Oo, Counsel called atten- ler of arrest of the president, secre- ingel of the company the day before the to be held, on the charge of ates $328 SEE fH dae a HE # Be ee ae 5 St 000; but the object of reat was to hold Ratasey and his associates | FF ef iy u rnard, d_ showed — that Be “tally eqntradictod by @ number of witnesses, He therefore claimed that the evidence eat aon eAt Was Rot ontiticd to chu consideration, to fo more consideration Shan would be that of any other criminal testifying clear If of the charges against him. He Mm called attention to the fact that all these ex imary orders were issued in behalf of Fisk, id, &c, It was in evidence that originally Barnard was the veeead of these men, that was Aghting them, that he had driven them out the State; but that fight was settled and NEW TORK HERALD. WEDNESDAY,:- AUGUST 14, 1872—WITH SUPPLEMENT. rei see te So aemeees that the ‘note of it. these Mees ond them nea been ‘ted by law. Gonneel | then spoke esi rormes APPOINTING RECEIVERS. then proceeded to consider the ques- of ting recel and cited the law Mi “danger if threataped to property, r ' Iv. os ODE, peyrica Wi point 1e ADI re Was no discrimination provided for by referred to the criti- clem Barnard holding Court elsewhere bag 01 provided for. by rk. This, too, law. in New York city, in fact and by wut law, carries his Court with him wher- ever he — the State. This was found necessary anda poet authorizing It. As to write of 4 claimed that such a writ is never issued t after final judgment. Now, that was true the code; but, said counsel, it ls not so Rows read the showing ‘o be the case the writs of were tasued before demand for the been made and refused, and it is for ti to say whether this Judge is to be impeached for so doing, when affidavits were made and shown him that there was danger of refusal and a removal of the pertyand on these afidavits he issued the writs. sel could see nothing unwise, indiscreet or Unlawful fg such action under such circumstances, Councti then to call the attention of the Coart to the article, which charged the respond- cat wiih ENVOINING THR BRIB RAILWAY COMPANY te chose ite books Apainst the transfer of the stook and Raphael. He gtated the circumstances cage and detailed the s!story of the move- ment on the part of the Englis.: Stockholders, which showed to bo an aucpt 10 Majority of the n0° and rule the management of the road. It a conspiracy, and an illegal one, on their part, and was so od gpg to Ju Barnard, where- upon he a asa Judge should act. He said this Was the fmitiatory proceeding of the litigation which became so ous afterwards. There was nothing inthe Cs of Nyce which connected him with the Frie Railway Company or with Fisk, Gould and Company. yce was w on-resident, and brought his suit his Own ical to protect his interests against this conspiragy on the part of the English stockholders, reprosented by Heath and Raphael, nor was there ahy! to show Judge Barnard’s connection with Nyce. sel then noticed the second charge, in which Fisk, Gould and others appeared as plaintiffs and Heath and others as defendants, and stated at length the history of that case, in which he showed that the cause of the action was the fear that, with the aid of Commodore Vanderbilt, the English stockholders would secure control of the road. Counsel them noticed ARTICLES TAREE AND FOUR, which were ¢f the same nature, being the additional Erie suite, explaining their nature and objeet. He then took up the fifth article, referring to the ac- tion in the ease of the Union Pacific Railroad Com- ny. He said he had offered to put in evidence hat James Fisk was entitled to the stock he claimed, but the Court refused to receive it; there- fore, as the orders were based on this fact, he asked if the Court would convict. The sixtit, seventh and eighth articles had reference to the same litigation, and the counse! expiained the force, effect an yarpose of the complaints on which the orders Feruea Po dudge Barnard were founded. He main- tained these orders were properly issued; FISK BELD THE STOCK HE CLAIMED to hold. That could have been proved here beyond 8 doubt had the Court allowed it. He owned the stock, amd he Was assured that there was a corrupt scheme between the Credit Mobilier and the Union Railroad Company, and in order to preserve his property he made the application Be did. Could anything be more proper? The counsel referred to the fact that after all that had been cald of rnard bei the tool of 2 ‘ing of cation of John fled order RR », we find that on appll- J. Cisco he issued a modi- Compoas to go Sree pe they aie on, pay their debts, continue the Construction of their road and for the same. Does this look much like his bein; ’s tool of Fisk, Gould & Co.? Does the issue of this modified order Hook a0 SE thle was a bieckmall suto@. Hb oR with them, when the Judge grants this modified order allowing the company to proceed with their business? The counsel said there were many things done by Judge Barnard which he did not Sppreve of, but he Would not pass over this great and noble act of im- artiality without calling attention to it and award- ng him the fiigh praise he was entitled to, Before Mr. Hexch had concluded his argument the ie enmity removed, then he became quite intimate with them, met with them at syns places, but he says he went to the le office to see Henry Thompson. Then, counsel |, I suppose he went to the Opera House to see wont Ha yn: he went to Miss Mansfleld’s to lenry iompson. We do not charge that Judge Barnard was bought with money; but we do that he was brought down, that he was lackmailed with threats by those parties who eatened to prosecute andimpeach him for his duct. We show that he was governed in issu- his orders by a corrupt motive. We not care show thé origin of that motive; it is not neces- gary. Judge Barnard here claimed that the patron- of his Court was his, that it belonged to him. is to be hoped that we will never hear a ige of a Supreme Court making the Yoast that | had in being elected won a prize, and that he a right to dispose his patronage as he saw fit. Why, that would alone form an article of impeach- %. Counsel closed with an appeal to the Court convict, and not onl remove the respondent, but utterly disqualify him from ever holding office MR, BEACH'S ARGUMENT. Mr. W. A. Beach, in rising to address the Court, it would be a poor affectation were I to the anxiety fel pA respondent and his omg in the result of this trial; and this feeling not due entirely to the gravity of the accusation made against him, nor to the peril @f ite possible consequences. There are cir- @umstances outside of these considerations ‘Which make this action memorable. They are Within and around this Court, and they are of a @baracter to attract the attention of a community and to excite the solicitude of the accused, Ido Bot speak, sir, the words of mere courtly fattery when I say that J estimate Properly the dignity and quence of this Court; but it is due to myself say that the majority of the Court is a political junal—a tribunal entertaining political notions verse and hostile to this respondent. They come re embittered by widely-circulated abuse and vilification against this respondent. You come here jadiced against this respondent, For years suffered obloquy and_ vilification rected inet another citizen of this community with equal severity. I-know he appears here @nder adverse circumstances, and I know more, , tl before the convening of this Court, and Guring its sessions, there have been mandates is- Sued from those in political authority ordering and G@irecting the judgment of this Court trom day to @ay. The most astonishing calumnies, the most abusive epithets, the most unlicensed, reckless ac- @usations have been thundered as he the leadin, Presses Of this State, and you have en lectured eS assumed to be taught your duty—admonished t upon the performance of your duty in obedi- ence to the command of assumed dictators will de- pend your future political prospects, NAY, NORE, SIRS, from this very bar dally builetins have been issued & the press by the various correspondents repre- genting the character, nay Mr. President, misrepre- @enting the character of your proceedings; corres- Erte oy) falscly present to the community the titude of this evidence, anticipating the decisions @ this Court, assuming to represent the temper of members, perverting the evidence and invent- where perversion would not answer, and iting the respondent and his counsel. And @mother circumstance, the Assembly of this State ts «nine §=6managers, selected from ‘bod; and they have sat here through as mere dummies and delegated the Bar Association the conduct of this trial, when I hear, sir, that the Bar Association of yw York are at this hour engaged in the circula- ofa subscription to provide a fund for the sution of this case, and when I see the spirit Cg ich and hate which animates this prosecu- nD, nnot but feel that there are circumstances eoted with this trial worthy of the attention of community. And we have it, Mr. President. proceedings of this trial are not unnoticed, . You see itin the audience which gathers ily to observe your proceedings; not idle @nd ordinary loungers, pot mere Neate @eokers, but the selection of the intelli- atering place. (At this point Judge Barnard lag conducted into the room and to his seat by fus F. Audrews.) Do you suppose that when the SUBTLE AND ETEALTHY FMISSARIES @f the Bar Association of the city of New York are @hadowing this Court and its members the ulations of the community will not be excited ? do not hesitate to announce, from the articles jed by the daily press and the influences which rround thjs Court, that it js a question whether fogai right shall ion grated hate be appeased Se of the country gathered at this famed and party ambition fre" ‘i + Connae} pursued this themeé at length, and then eded to argue that @ judge should not be iity of corruption simply because he had 4 io hig action, He reed from several authori. to sustain this principle, one of which declared. that the managers In an impeachment case must only prove the act unlawful, but that the inten- ‘was criminal, Another declared that impcach- jot follow an error of judgment, He animed t this ni mt ona only be Nowa normecratga 63 MIB fOr {0k on Court adjourned, - ig BROOKLYN AFFAIRS. The Violators of the Excise Law. Fourteen liquor dealers who had violated the Ex- cise law in Williamsburg on Sunday, the 28th ult., and who were arrested at the time by the Edis) Were discharged from custody yesterday by ustice Elliott. Honorably Discharged. Henry Payne, a young painter, under arrest on a charge of stealing a valuable gold watch and chain from the residence of Mr. Christopher Fagan, No. 176 Union avenue, Williamsburg, was honorably discharged by Justice Elliott yesterday, Rising Politicians Sent to the Peniten- tary. David Rise and John Rise, active ward politi- cians, were sentenced to the Penitentiary yester- ef by Justice Eames, Willlamsburg, for assaulting Officer Ward, of the Sixth precinct, while in the legitimate discharge of his duty. The prisoners were committed for sixty day: John Mohringer’s Little Game Blocked. For along time past a fellow of the Aminadab Sleek description has been working upon the sympathies of the simple-minded citizens of Wil- liamsburg, and also upon their pockets, by repre- pats that he needed a little money to defray the funeral expenses of a dead relative. Yesterday he was proved to be an impostor, and Justice Eames gave him thirty days. Fire in a Distillery. Shortly after three o'clock yesterday afternoon a fire occurred in the cisterns of Oscar King’s exten- sive distillery, First street and Division avenue, Williamsburg, caused by, itis said, the woodwork igniting from the og of workmen engaged in making repairs. The flames were promptly sub- dued by the firemen. The entire loss will not ex- ceed $1,500, fully covered by insurance in the Phenix, Williamsburg City and other companies, ‘The Increase of t ot the Patrolmen, Yesterday Comptroller Schroeder sent a commu- nication to the Police Commissioners, in which he stated that he fully concurred with them in their resolution to increase the number of patrolmen by fifty, and that he would tssue at their request the proper certificates wherewith to defray the ad- ditional expense consequent. The Early Closing Movement in Wil- liamsburg. Several of the dry goods merchants of Williams- burg complain loudly of the outrages to which they are submitted by the clerks engaged in the early closing movement. Window smashing is of com- mon occurrence, and personal assaults on mer- chants who have not complied with their requests have been reported to the police. The officers of the Early Closing Association, however, say that they are not responsible for these outr: nd sincerely deprecate them, | The Trouble Between Police Inspector Folk and Chief Engineer Nevins. Thomas Nevins, Chief Engineer of the Brooklyn Fire Department, was arraigned yesterday before Messrs. McLaughlin and Campbell, Fire Commis- stoners, to answer the charge made against him by Police Inspector Folk, of intoxication and conduct unbecoming an officer. Nevins, as alleged and as was shown Pt testimony, used shocking language towards the Inspector at the late fire in Osborne's mill, in Columbia street. The impression was that Nevins was intoxicated, but it was noc sustained by the witnesses examined. A decision in the case will not be rendered until after the matter has been considered by the full Board, The Sinking Fund Commis loners. The Commissioners of the Sinking Fund held a meeting yesterday, in the Mayor's office, to con- sider the claims of Peter Riley and other contractors for work done by the parties at grading and paving. The following resolutions from the Comptroller, fi relation to the matter, were adopted :— Resolved, That the Comptroller be authorized and directed to’ purchase for account of the Commissio if the Sinking Fund certain claims which have acer may accrue against the oy. under contracts for local rovements entered into by the city, prior to June 472, the amount involved at any one time not to exceed Resolved, ‘That the Commissioners claim for the cancel. i hased by them, the first isan SES SA Che at rasta see meny for local Fo Ai Ady LI and which shall voi Le se auared for other purposge DY the ptroller, re oh Mal ce | im: 10, aang Beginning of Protests Under the New Tariff Act— Bulings of the Treasury Department on Jute— Bajections and Gilk Crapes—Highly Im- portant Instructions Relative to Ship- building Materials and How and When the Duties Are To Be Refunded. ‘Thus far everything has worked satisfactorily under the amended tariff, Importers, who have waited for months for the reduction on duties to take effect, were too eager to obtain their goods, and paid little attention to minor items as long as the saving of ten per cent was effected. The mar- ket was bare of merchandise, customers clamored for their purchages, and@ the ist of August was as anxiously looked for aé Plantamour’s flery comet on the 12tn instant, which, however, differed from the former in failing to put i aM appearance. Since the rash of business has subsided merchants have looked a little closer into the details of the Tariff act, and some of them labor under the im- pression that certain goods which are made dutla- ble by the Oustom House authorities should be en- tered free. The consequence is that a mambér of protests have been made, which are according to law received, forwarded to the Treasury ort. ment and the rulings of the 1» which usually remain as law unless a decision from the United States in- stance, the New York Bagging Company wrote to the Secretary of the Treasury in relation to jute re- Jections, which are claimed by them, under @ re- duced rate, according to the new tariff. Secretary Boutwell, in reply, say:— You are informed that Jute rejections, not ing mecaly, enumerated in the Seat Sees are Classified as ute butts nt a duty of $6 per ton, for the reason that they i se Tate callings, or Asawlnes ov of 1h AL At Both wekkcler’ bre" also ‘seustally need : ik. for tho same pur- poses, vis, in the manufacture of bagging ‘and paper stocl Acting Secretary Richardson w that sends a decision bearing upon that subject to Colleétor Arthur to the effect ‘that jute rejections should be classified under the Tarif! act as jute butts apd a duty of $éper ton levied thereon.’ He turther Lately tions are ce As jute to. nninion that the: in force Tam 0. Oink yume Classification "er the Ta ‘etter from the Treasury The annexed important ~ Department aitectlng. silk crn, eS Was recelved by Collector Arthur yesterday :— i Treasury Dx. ak ae Wasmarow, D. C., August, 1872} Srn—Applieation has been made to this Departine mor a reversal of Its decision whereby allk crapes are cla fled as silks in the piece and charged with «ixty per ceny duty, and for a refund of the difference in Gary tween that rate and the rate claimed by the parti f pty per cent ad valorem. A matt javolving ‘this question 1a Deen twice tried; on one trial the jury disagreed, and on the other trial a verdict was had agalnst the govern. ment. The application of the parties has been sniinitted to the Solicitor of the Treasury and the United States District Attorney at New York, both of whom state, sub- ptm ef that in their opinion the question involved is mainly, is not entirely, one of commercial designa- ti ‘and, in ww ofthe trials already had, of the conflict of evidence likely to be prescnted ry further trial of the case, they do not recommend that a further trial be had. As it is the desire of the department to avold undue litigation in doubtful cases, I am disposed to join in the view taken by the law officers before men- tloned, and have therefore to direct that your practice in this respect be changed, and that such goeds hereatter be classified at fifty per centum as “manufactures of silk not otherwise provided for,” and you are autho) to pre- Pare the necessary certitied statements for the retund to the importers of the amounts found due them, upon cer- tiflcates of discontiauance of the various suits ied, and also in cases where prosens nd appeal have been duly filed and no sults instituted where time tor com- meiicement of sultahas not expired. Tespectfully, WILLIAM A. RICHARDSON, Acting Secretary. ©. A. Antuur, Coliector of Oustoms, New York. On the 26th ult, we published a lengthy article in relation to materials used in shipouilding, upon which @ rebate was allowed in certain contin- [sonia Yesterday Collector Arthur received the lowing supplementary instructions, which will be foun important :— Treascry Deragruent, Wasmixcror, D. C., August, 1872, The following instructions are issued. as supplementare fect the pi classified under the Inwa now will be entitled to. the ‘act approved June 6, Ot section iO ofthe act-approved dune eis Pe act ¥ pe dos WM. A. RICHARDBON, Acting Secretary. In pursuance of the section above referred to, the following supplementary regulations are ~pre- scribed—viz. When raw materials of the character mentioned in said section are withdrawn, to be ultimately used for the pur- RP age sHeY MAY, be InapUlagarer te ment or repairing 0 the vessel for which they ‘are ih- tended. The manufacture of the materials so withdrawn must be within the limits of the district where withdrawal entry was made. ‘fhe pariy making withdrawal of such merchandise tatthe time file with the Collector an aMidavit, stating that such merchandise is to be manufac- tured info certain articles (describing them), which are to be employed in the construction, equipment or repair (as the case inay be) of @ certain veasel, of — tons burd now being built or about to be built of being repaired at (state the particular place), in the district of ——. In all such cases the duties are to be paid at the time of making withdrawal, but will be refunded on com- liance with the following requirements; such refund, owever, Will be allowed only upon such materials a3 are withdrawn from bond under these regulations. Upon the completion of the vessel the following proofs ‘will be presented to the collector of customs at the port where the withdrawal was made :— Firat—Ihe affidavit of the party claiming refund, which will be in the following form, — ———, dG rt the mer- chandise (or state the qual case mi be) embraced in the withdrawal entry made on the —- day of , 187—, at the port of ——, and numbered . hasbeen manufactured into lescribe articles manufactured) within the limits of the district of —— (district of withdrawal), and has been used entirely in the construction and equipment (or repair, as the case may be) of the (here insert name of vessel) of — tons burden, lately built (or repaired) within the limits of the district of ——."" Second—The joint aMdavit of the proprietor and fore- man of the manufactory, where the articles were manu- tured, which will be in'the following form, vi “We— proprietor foreman of the dei Hon of the manufactory) do, give name d each of us doth, so! y swear that— (party making withdrawal) did, in the month of 187— deliver at raid anufactory or shop) the following materials —— (here state ‘quantity and de- seription of materials), and said materials were manulactured by us (or under our immediate supervision), — into (here state qnantity and mauutactured), and that inthe id last described’ articles were de- 10 be employed, as we are informed eve, in the construction and equipment (or repair) of a vessel named (or to be named) description of articl month of 137. Sworn to before me, this — day of —, 187- Third-The afdavit of the party who superintended the building (or repairing) of the vessel, which will be in the following form :— a —, do solemnly swear that I superintended persor the building (or epairing) of the vessel named ——, of — tons burden, built (or repaired) at in the district of ;that'in the month of , 187-, received from —— — the following described articles— (here describe the articles received), and that the same have Cen entered into the construction (or repair) of said vessel.” Fourth—A certificate from a customs officer, in the fol- lowing form, viz. :— “Distact or ——, . 187—, “I, — —, do hereby certify that I have inspected the yessel called the —, built (or repaired), at —, in the district of —, and that in my opinion ihe merchandise withdrawn from the port of — by — —, on the — day of —, 187—, under withdrawal entry No. —, has actually entered into the construction and equipme Fepair) of sald vessel, ——. f the articles manufactured as aforesaid are employed in the construction or repair of a vessel in any other dis- trict than that of withdrawal, the amdavit of the person who superintended such work and the certificate of the customs officer above prescribed will be submitted to the collector ot such other district, who shall fora trans- mit the same to the collector at the port of withdrawal, certifying to their authenticity and making such sugges: tions as he may consider appropriate, Upon the production of the foregoing proof to the col- lector of the port where the withdrawal entry was made, he shall, if satisfied that the materials so’ withdrawn have actually been used in the construction, equipment or repair of the vessel as alleged, prevare and forward to Re Department a certified statement for a refund of the juties on the materials so withdrawn, having first, how- ever, taken from the party claiming the refund a bond in the following form :— “Know all men that —- ——, held and firmly sof America in the sum lars ment whereof to the United States we bind ourselves, our heirs, executors and ad- Tatniete ators, Jointly and severally, firmly by these pres ents, “Witness our hands and seals, this — day of — 187-." Whereas the above bounden principal obliger has made application under section 10 of the. Act of June 6, jor a refund of the duties paid by hiin on the with: drawal of certain merchandise under his entry No. —, filed with the collector of the port of ——, on the — day 187-; and whereas upon the proofs sub: conte Sat pm or and equipment (or Fepalr) of the vesso! named — of SM ons burden, lately built (or repaired) at —. in the district of —, « certified statement has been prepared for a refund’ of said dutles. Now, therefore, the condition of this obliga- tion Is such that if, in case ‘the register under which said vessel may sail shill at any time hereafter be exchanged for an enfolment and license, or in case said vessel shail be engaged in the coasting trado more than two mouths in any one year, the above bounden obligors shall repa; to the United States ail duties which may have been funded on the merchandise covered by said withdrawal, then this obligation shall be void; otherwise It shall re: main in {ull force and virtue. Bigned, sealed and delivered in presence of ——. The above bond will be taken in a penalty equal to double the duties on the merchandise withdrawn, and with two good and sufficient sureties, who will each justify in an amount equal to the penalty of the bond. When the vessel into whose construction the materials withdrawn have entered, is enrolled and Mcensed to enga, in the foreign and coasting trade on the northern, northwestern and north eastern frontiers of the United States, the clause in the above bond referring to the surrender of a Tegister will be omitted, ‘he provisions of sections 345 and 346 of Depart- ment Instructions of June 20, 1872, to which these Fie Sonylemmentery) will apply also to these instruc- ons. The amonnt of dutics received yesterday footed UD $812.000, THE COURTS. Law Against Boarding House Runners—Pay of City Officials. UNITED STATES COMMISSIONENS” COURT, An Important Law for the Protection of Sailors from Boarding House Runners. Before Commissioner Shields. The United States vs. Edward Bennett and John Horn.—The defendants are charged with a viola- tion of the act of Congress approved June 7, 1872. This law is known as “The Shipping act,” and has been specially framed for the protection of sailors from the robberies and rapacities of boarding house runners. It is alleged by Patrick H. Kelly, an oficer of the Harbor Police, that the defendants, without being duly authorized, boarded the North German bark Wilbelm Kisker in the harbor before her actual arrival, and betore she had been com- pletely moored, without the consent of the master Of the ship. As the law is an important one, and one that was very much needed, we quote two of its sections which are applicable to the above case:— Section 62 ‘9 that every person who, not bein: in tho United States service, and not belug duly” author ized by law for the purpose, goes on board any ship about to arrive at the place of her destination before her actual arrival, and before she has been completely moored, with- gut permission of the master, shall, for every much of- fence, incur & penalty not exceeding $200, shall be ja , ani bie’ to imprisonment for any period not'excceding six months: the master or person in charge of said ship may take any such person, so going on board as aforesaid into oustody and deliver him up forthwith to any consta- bie or police officer, to be by hin taken before any. justice of the peace, and to be dealt with according to the pro- visions of this act. Hor if within twenty-four hours Section 63 reads th after the arrival of any ship atany port of the United States ‘such ship solicits any any person then bein, seamen to become # lodyer at the house of any person letting lodgings for hire, or takes out of such ship any effects of any seaman, except under his personal direc. tion and with tho permission of the master, he shall for every such offence incur a penalty not exceeding $5), or shail be Hable to imprisonment for any period not exceed- ing three months. The defendants were held in $1,000 bail each for examination this day. Alleged Mutiny on Board a Ship. A number of seamen belonging to the ship Henry were brought before Commissioner Shields on a charge of having mutinied in the harbor on board that vessel. The particulars of this affair were pub- Mshed in the HERaLp of yesterday. The Commis- sioner ruled that he had no jurisdiction in the mat- ter, and referred the case to the Britisn Consul, the vessel on which the affray took place being an English one, and the Consul having made no appli- cation to the Commissioner to act in the matter. The Consul, on the case being brought to his notice, decided that he could take no action in it, as the alleged mutiny had taken place in the harbor, in waters over which the United States had no author- ity. Finally the matter was referred to one of the city magistrates, SUPREME COURT—EHAMA Pay of Clerks of Corporation Counsel's Office. Before Judge Barrett. Iii this Court motion was made yesterday to open Judgments amounting to $11,200 entered against the city in favor of the clerks of the Corporation Counsel for salary. The motion was pressed on the ground that by the charter of 1870 no judgment can be entered against the city except upon the ver- dict of a jury that the omission to put in an answer was excusable under the circumstances, and that the city has a good right to the claims, the Board of audit having appropriated only $7,000 for this purpose, while the Farnent are $4,000 over this sum. Judge Barrett directed that the judgments be opened, but only on condition that payments be made of the amount admitted to be due, and that short notice of trial be accepted by the Counsel to the Uorporation. Decisions. Brinkley vs. Brinkley.—Motion denied without costs, Adams vs. McCabe.—Defendant’s motion to offset judgment denied without costs and stay vacated. laintif@’s motion for a receiver and to punish for contempt denied without costs and without preju- dice to a renewal upon the entry of the order va- cating stay. Barnett vs. Gepp.—Motion denied, with $10 costs, Hill vs. Stokes.—Same, Weidenfeld vs. Miller.—Motion granted. Jakol vs. L@lanva et Application denied. Dietz vs. Townsend et al.—Same. In the Matter of the Application of Eugene Mar- cile, &c.—Motion denied without prejudice to re- newal upon further affidavits, The Mechanics ‘and ‘Iraders’ National Bank vs. E. ©. Goodwin ot al,—Motion granted, with $10 costs, ‘SUPERIOR COURT—SPECIAL TERM. Decisions. By Judge Monell. Steta vs. Kalkennia. otion to discharge order of arrest denied; bail reduced to $500, COMMON PLEAS—SPECIAL TERM, Decisions. By Judge Robinson. Devlin vs. Petse.—Case settled. Gedfleld vs. Gedfield.—Referee’s report confirmed and divorce granted. Wallenstein vs. Mayer.—Referred back to referee to ety testimony on which the allowance was made. COURT OF GENERAL SESSIONS, Before Judge Bedford. A Sixth Ward Rough Sent to the State Prison for Firing a Pistol at a Oitizen in the City Hall Park. ‘The first case tried by the jury yesterday was an indictment against James Driscoll, who was jointly indicted with James Lovell, charged with felonious assault and battery upon James Duity, It seemed from the evidence that on the day previous to assault that an assault was made upon a little girl in front of the Sun ofice by a gang of rowdies known asthe “Swamp Angels," to which it was claimed Driscoll belonged, and that in endeavoring to protect the girl Colonel Meany and another citizen were beaten by the “Angels.” Duffy went to the assistance of the citizens, ana Driscoli then threatened to pull off his side whiskers, A police- man soon appeared, and some of the parties were arrested. He (Duffy) walked away, and supposed that was the end of the matter. Upon the follow- ing day, which was Sunday, he and a friend named William McCaffrey took a trip to Red Bank, and pei home the evening they accidentally walked through the vark between seven and eight o’clock, and while passing the Hal\ of Records Driscoll and others of his gang were in the Park. Driscoll came up to him, put a pistol to his head and sald, “I will kill you.’ The prisoner had the pistol cocked, but it canght his (Duffy's) finger when he was trying to pull the trigger, 80 that the shot did not take effect. But the complainant fur- ther testified that in the scuMe aman fired a pistol. ‘That shot took effect in his side, and the vall was in him yet, It was subsequently discovered that the perpetrator of that crime was James Lovell, the party who has been jointly indicted, but who cannot be found. Mr, Kintzing asked the Court to direct the jury to acquit the accused on the ground that the in- dictment charged’ two separate felonies. His Honor declined to charge that proposition, and the counsel proceeded to call witnesses for the defence. James Driscoll, John Carroll, James Fitzgerald and John O'Donnell all told substantially the same story, that on this night Duffy had a gang with him, and as they were about to attack Driscoll he said if they put a hand on him he would shoot them, The District Attorney called William McCaffrey, who corroborated the complainant's testimony, and positively asserted that he and Duity were quietly returning home through the Park, unac- companied by any other person, when they were attacked by the alleged “Swamp Angels.” Oficer O'Sullivan testified that at the time of the shooting he saw Duffy and McCaffrey when he ran over and took the pistol out of Driscoll’s hand, and immediately afterwards a crowd of fellows gathered there. The District Attorney said that, he counsel in- sinuated that Duffy belonged to the “Swamp Angel” gang, he wished to show by the officer that he did not. OMicer Sullivan stated that he had been in the precinct for two years, and that neither Dufly nor McCaffrey re to the gang. The jury rendered a verdict of guilty of an as- sault with @ dangerous weapon with intent to do | bodily harm. Judge Bedford, in passing sentence, sald that he understood Driscoll was the leader of a gang of Troughs in the Sixth ward, and in order, if possible, to break it up, he would send him to the State Prison for five years, A Notorious Young Thief Sent to the Penitentiary. Henry Gannon pleaded guilty to an attempt at grand larceny. The evidence showed that on the afternoon of the 19th of June a boy named Patrick McGloin ran into the basement of the house of Jotn Leopold, corner of Fifty-second street and Lexing- ton avenue, and stole a gold watch, chain and breastpiv, the property of Mrs. Leopold. Gannon stood at the door while his confederate went in to steal, aud when pursued by a young lady they both ran away. They were arrested a short timé after by an oficer, At the last term of the Court Gannon was tried upon 4 similar charge, when the jury dis- eed. erage Bedford, in [epee sentence, said :—"T re- get very much to see a boy fourteen years old rought to the bar upon two indictments, The po- ice officer tells me you belong to a notorious gang of thieves, all of whom are much older than you, If you had been convicted of this offence I would have had to send you to the State Prison. As an | | complainant and was unable to example to boys of your age ! shall send you to we Penitentiary for two years.”’ Forty-nine Indictments Found by the Grand Jury. In the afternoon the Grand Jury brought in forty- nine indictments, principally for burglary and lar- ceny. Itissafe to say that never has a grand in- quest passed upon 60 many cases in one day's se8- sion a8 were acted upon yesterday. ‘This was owing to the presence of Judge Garvin in the Grand Jury room, and another such day's work will finish up the business for the term. Judge Bedford directed that all these cases should be placed upon Wednesday's calendar for imme- dilate trial. Suspension of Judgment. Charles Gray pleaded guilty to stealing an over- coat from William M. Oliffe on July 6. Levi Kaufman pleaded guilty to an assault and battery with intent todo bodily harm to Samuel Milidenberg, on July 23. As there Were mitigating circumstances in these cases His Honor suspended judgment, Alleged Larceny. The trial of Margaret J, Schaffer, charged with stealing a diamond ring from William W. Schaffer, was commenced late in the afternoon and will be finished this morning. COURT OF SPECIAL SESSIONS. A Long Calendar Disposed Of—Kerrigan Discharged. ‘There was a somewhat heavy calendar of cases disposed of yesterday at this Court. Justices Shandley, Cox and Coulter were on the bench, George H. Kerrigan, a tall, handsome young man, and a brother of the famous Colonel Jim Kerrigan, was called to the bar on a charge of assaulting Thomas Dempsey, the doorman of the Twenty-ninth precinct. On the Sth of August the brother of the prisoner, ‘Jim,’ was brought to the station house suffering violently from the effects of alcoholism, It took several policemen to keep him quiet. Demp- sey in trying to suppress the redoubtable oo it' appears, made use of a@ great deal of unnecessary foréé, which excited the indignation of the prisoner, his brother, and, in the slang of the b’hoys, he “hauled off” and struck the door- man. He did not injure him a bit, however, but the blow Dempsey received was a stunning lesson tohim, Witnesses on behalf of the defence swore that Dempsey’s conduct warranted the excitement which gave rise to the punishment he subsequently received at the hands of an indignant brother, The prisoner was acquitted, Thomas Wilson, for having an indecent book in his ompR, was sent to the Penitentiary for one month, Charles Schweder, for robbing a lady of a wallet containing $15, while she was leaving St. Bridget’s church on ‘Sunday last, was sent to rusticate on the Island for six months. James Harnett, accused and found guilty of in- decent assault, was sent to the Penitentiary for 1x months. Justice Shandiey remarked that he re- gretted that it was not in the power of the Court to sentence him for twelve months, THE WAY OF THE TRANSGRESSOR, Yesterday’s Proceedings at Jefferson Market—A Light Return—The Pugilis- tie Community—Dangers of Sleeping Outacors—Raid on a Gambling House. There were only thirty-eight prisoners arraigned at the above Court yesterday morning, thirty-three being males and five females. Justice Cox speedily disposed of them, and left to take his seat ni the the Court of Special Sessions, Of the number arraigned thirteen were charged with intoxication, six with disorderly conduct, four with assault and battery, four with gambling, three with grand larceny, two with being drunk and disorderly, two with reckless driving, one with felonious assault, one pickpecket, one vagrant and one for petit larceny. ‘I'wenty- three of these were held and fifteen discharged. LARCENY OF CLOTHING. Rebecca Bennett, a dissipated looking female, re- siding at 328 West Forty-first street, preferred a complaint against Ann McGowan and Ellen Gray, both residing in the same ‘house, charging them with stealing a quantity of clothing from her on Monday, valued at $25. Louisa Stiner testified to seeing the prisoners leave Mrs. Bennett's room with the property in their possession, They pleaded not guilty to the charge, but were committed in de- fault of $500 bail each te appear for trial, BRATEN NEARLY TO DEATH. Oficer Gilgar, of the Fifteenth precinct, presented Patrick , aged twent; Prat No..8 Universit ed on & charge of assault and battery, preferre: yy John Strahan, of 116 Third avenue, who failed to appear ainst him. The ofMicer stated that on Monday ht the prisoner and complainant be- came engaged in an altercation, which terminated by Strahan being knocked down. Whilc lying help- less on the pavement, Logan, it is claimed, beat and kicked his antagonist until he became insensible. He was removed to his residence and placed in be where he is at present confined, unable to leave h room. Logan was committed to await the result of the injuries. RAID ON A GAMBLING HOUSE, Shortly after eleven o’clock on Monday night, a oung man, bareheaded, hair dishevelled, and noth- ing on him bony his pants, shirt and shoes, breathlessly ran into the Prince street station house and demanded the Fangs of the police. He described himself as Marc Anthony, of 75 Car- mine street, and stated after leaving his poor old father at the corner of Carmine and sleecker streets, a short time previous, he was met by a fashionably dressed young man with a black mus- tache, who induced bim to enter a faro bank on Bleecker street, between Broadway and Mercer street. After watching the game for some time he concluded to take a hand in, and played one doliar, which he lost. Becoming excited he put down four dollars and also lost that. As the dealer was in the act of sweeping Anthony’s money into bis till he made a grab for it and refused to give it up. The consequence of this was Anthony was kicked down stairs in no gentle manner, leay- ing a portion of his clothing behind him. Captain MoCuliough, who was in the station house at the time, selected three officers, and, proceeding to the place, arrested the proprietor, who gave his name as Peter McGoWan, twenty-two years of age, and residence at 498 Scventh avenue, The followin bse found in the piace, were also arrested an urnished lodgings gratis for the balance of the night :—James Carroll, 434 West Seventeenth street ; John Kelly, 608 Sixth avenue, and Jacob Brown, 13 West Houston street. McGowan yesterday morn- ing stated the complainant was a frequent visitor at his place and had often won money there. On Monday night he claims Anthony made such a noise about losing his money that they were forced to eject him. The prisoners were all discharged. THE DANGER OF SLEEYING OUTDOORS, George Fisher, on Monday night, being unable to sleep in the house, took a seat on the steps of his residence, 510 Broome street and, was shortly in the arms of Morpheus, He states about four o'clock in the morning he was awakened by feeling some person ransacking his vest pocket, and saw a young man, named James Goodwin, of 69 South Fift! avenue, walking away from him. He felt in his ocket and discovered he had been robbed of $1, le pursued Goodwin and caused his arrest y Officer Byrne, of the Eighth precinct: He denie the charge, but was locked up to answer a charge of larceny from the person. A FIGHT BETWEEN BROTHERS. Two brothers named rau and John O'Reilly— the former refusing to give his residence and the latter having none—on Monday night quarrelled. They finatly came to biows, when Philip, who was C= the worst of it, seized a club and beat his D ni rother over the head with it in @ shameful man- e Meer Mintz, of the Fifteenth precinct, inte: fe and took Philip to the station house, where he was locked up on a charge of felonious assault. Yesterday morning his brother failed to appear against him and he was discharged. A_NEW WAY OF COLLECTING OLD DEBTS. Officer Reed, of the Kighth precinct, presented Victor Covelia, a Frenchman, aged eighty-seven, of 101 Mercer street, on © charge of grand larceny, Charles E. Seele, of 101 Mercer street, appeared as complainant against Covelia, and stated | while in his employ he | had stolen | @ number of carpenters’ tools valued at $40, The prisoner stated he had worked for the get any money irom him, He admitted taking the property and pawning it for $3 in order to get a portion of the wages due him. He was commitied in default of $500 to appear an answer the charge at the Court of General Sessions, CHARGED WITH STEALING MONEY, Bridget Ward, a domestic employed at No. 30 West Ninth street, Monday afternoon, left her wallet hanging on a nail in the laundry. She claims while absent from the room a colored boy, named Charles Harris, also employed in the house, opened the wallet and took a dollar bill from it. He was arrested by OMcer Flood, of the Fifteenth precinct, and dened the charge, but was held for trial. AN OLD PICKPOCKET ARRESTED. Emma Britton, a dirty-looking domestic, residing in Houston street, near South Fifth avenue, charges while asleep in her room yesterday morning, Charles If, White entered, and placing his hand in the pocket of her dress, stole her wallet containing $2in money. He was arrested by Oficer Ehlers, of the Kighth precinct, who found the property in hig session. White, who is an old offender, and been arrested several times on similar charges, de- nied taking the money, but was committed without bail to answer at the Court of Gencral Sessions, A BRUTAL FATHER, Worrssonovan, N. Y., August 12, 1872, James Liboet, residing in this place, was com. mitted to the county jail to-day by Esquire James V. Morrison for brutally beating his litle daughter, under seven years of age. The little girl was covered with brutses and contusions all over her body, and slept in the woods two nights to evade her father's wrath, The citizens of this place were highly indignant at the brutal father, who was 4 nar Why saved from being lynched ee DE LUNATICO INQUIRENDO. \ The Cases of Teresa Drew and Rosa MeCabe Again Before the Supreme Court. Judge Barrett Thinks Miss Drew Sane, but Al- lows Her to Remain in the Lue natic Asylam—No Return tothe Writ in the Case of Miss McCabe—The Judge Refases to Interview Her, and Her Case Stands Over for Further Investigation, Very wild imaginings have been engendered to a considerable degree of late in the public mind as to the alleged facile manner of compassing commit- ments to lunatic asylums. In the minds of some there have been conjured up barbaric cruelties ex- ceeding the most startling records of fiction, and fancy has pictured the victims of jealonsy or hate or revenge dragged from their homes, and, upon the mere pretence of insanity, thrust into the gloomiest dungeous of an insane asylum, and there, helpless and remediless, left to linger and suffer and die, The cases of Teresa Drew and Rosa Mc- Cabe, as recently published in the papers, have served to renew and confirm this conviction. The FACTS IN THE TWO CASES as at first promulgated have been fully given in the HERALD. It was charged, as will be remembered, that Teresa Drew had, through the inhuman cruelty of friends and against her own will and without a Proper legal commitment, been confined for eigh- teen months tn the Bloomingdale Lunatic Asylum. The case of Miss McCabe was made to appear still worse. She had sought retirement from the pomp and vanities of the world by becoming a nun of the Order of Stanislaus. Here, as the story goes, a priest sought to make her yield to his vile passions, and upon her refusal she was charged with being insane and removed to the Bloomingdale Asylum and thence to the Lunatic Asylum on Blackwell’s Island. If she is insane—this fact being still unde- termined—this story of the unsaintly procedure of a priest may of course be purely the hallucination of her dethroned reason. At all events, it is very evident that great interest is felt in the two cases—a fact conclusive from the large crowd gathered yesterday morning in the room of the Supreme Court, Chambers, before Judge Barrett, where it was known they would be brought upon writs of habeas corpus, The APPEARANCE OF THE TWO LADIES was in striking contrast. Miss Drew is a large, mus- cular but pale faced woman of some forty years, She wore a lilac colored striped dress, with white: shawl and bonnet trimmed a la mode. If anything, she seemed rather to enjoy the situation ‘of, being the ar aoaite of such general observation, and with- stood the gaze of the crowd with the coolest incon: venience. Miss McCabe, or Sister Mary Stanislaus, the religious sobriquet given her, is much younger and fair and fresh looking. She was dressed in the habiliments of her order, and sat with downcast eyes. Both were attended with friends, The CASE OF MISS DREW was called up first. Mr. J.D. Townsend, through Whose application the writ of habeas corpus in her cage Was procured, stated that since the previo hearizig he had been informed that the relatives ‘of Miss Drew were willing to take her from the Asy- lum, and if such Was the case he was willing have the writ dismissed, To this Mr. Nicoll, coun-: sel for the Bloomingdale Asy:m, said that it was very certain that the managers of the institution’ did not desire to keep Miss Drew. ‘here were al-; eae more applications for admission than they could grant, As to the treatment of Miss Drew, ho; ‘was satisfied that it had been of the kindest nature,’ and that she had not a word of fault to find in this regard, RIVAL COUNSEL FOR MISS DREW. When Mr. Nicoll had sat down Mr. Henry Beekman jumped to his feet and claimed to Miss Drew's counsel. He based, he si claim not only upon authority from her friends, but. also upon her own authority. At the request of Miss Drew he asked that the writ be dismissed. She desired, he said, to remain at present in the asylum, whero she had received nothing but the kindest and most humane treatment. Mr. Townsend then asked : THE EXAMINATION OF MISS DREW BY THE JUDGR, in order that His Honor fe eo ascertain her wishes as to remaining in the institution or leaving. o- thing was certain, that last Friday she expreaset desire to get away from there, and had requested a Miss Irwin and Mr. Van Vieet to intercede in her behalf. It was at the juest of these parties he had applied for the writ of habeas corpus, and he did not think that oie other counsel could ask to have the writ dismisse: Mr. Beekman still insisted that he alone had the RIGHT TO REPRESENT MISS DREW. Mr, Townsend again renewed his request that Judge Barrett examine Miss Drew and ascertain her wishes in the matter. He also said that if the counsel for the asylum wished to go into the quea- tion of the treatment of the patients there he was peeny to show that the greatest cruelty had been practiced, and in one instance : A LADY SCOURGED. Judge Barrett asked an officer to take Miss Drew to the private room of the judges. One blundering oMcial took hold of Miss McCabe and had led her half way across the Sofia when he was told of his mistake and immediately proceeded to rectify, his error. After a brief interim Judge Barrett re- turned into the court room and stated that Miss Drew answered his questions coherently and seemed to fully comprehend her situation. She had expressed & preference to remain where sbe was for the present, her friends having given as- surance that preparations were being made for her removal. Under these circumstances he gave an ORDER DISMISSING THE WRIT, The following is his order In Re Teresa Drew.—The hearing in thi hav: been adjourned to this day, and the suid Terces Drew at, > pearing by Henry C, Beekinan, of counsel, and the said eroan Drew having expressed her willingness to remaitt in the sald asylum under the understanding that het friends will remove her when she pleases to go, and her complete satisfaction with tho treatment she has recetved at the hands of the managers of the said asylum, after hearing Mr. Townsend for the writ, Mr. Nicoll for the Bloomingdale Asylum and, Mr. Heckman for the said ‘eresu Drew. irdered, that said wri ye and the sam GEORGE ©. BARMETR hereby dismissed. ea F Judge Supreme Court. After making out the above order Miss Drew, evi, dently pleased with the result, left the court room accompanied by those who had attended her to the Court, the understanding being, of course, that she would go back at once to her old quarters“In the Bloomingdale Asylum. Subsequent to the proceed- ings in Court just recited tite following AFFIDAVIT OF MISS SRW1N’ was prepared, which, as will be s¢en, has an im- portant bearing on the case :—- Miss Emily Irwin, being duly sworn, says—That che wae an attendant employed n the Bloomingdale Asylum for rs, ani Kt during the whole has been in the Asylum art was in the care of this deponent; ‘as In Court this morning R to him a stron; the 26th of saya that heard a orney for Miss Drew state that Miss Drew was well satisfied with the carc and kindness bestowed upon her; and deponent says that such acknowledgment was not than what was due to deponent, Weavored to treat those patients sho | ence and kindness; and deponent says that statement made by the attorney of Mins Dt at Miss Drew had never authorized any erson to make application for her discharge; in answer deponent says that while she was in Drew at the Agiant she has fre- t the earnest solicitation of Miss Drew, visi ster of Miss Drew, with requests that she would re- move her from the Asylum; and deponent says th fore leaving the Asylum Miss Drew begged deponent to do everything she could to obtain her discharge, and in con ae of her request deponent petitioned for a writ < habeas Corpus and deporent a that on the first jay whon Miss Drew was brought into Court Miss Drew thanked deponent for the interest she had taken in her: and deponent says that she was moved to apply for lo such statement ten Drew's discharge slinply as a matter of charity to Mi: her, believing from close observation of her that she wae a rane Woman. ceived an, And deponent says that she bay never tes compensation for her services, tor has she for any, nor does she expect oF require any, ¢ has attended in Court to the detriment her business. And deponent says that if the statements made through her connscl are really the statements of Miss Drew she has very mach changed doring the i ree days, while under the control of the peuple at dale Bay ewie® Beorn'io beiore me, this 19h day of w 10 before wie, th h das ngust, 1872,— ron Ginavpy, Notary’ Public, City and County. of New York. CASE OF ROSR MCCABE, Having thus disposed of the case of Miss Drew, that of Sister Mary was next called, and imme- diately Mr. Townsend read the afidavit of service of the writ of habeas corpus in this case hefore Commissioner Bowen, of the Commissioners of Charities and Correction, and Dr. Parsons, of the Blackwell's Island Lunatic Asylum, When he had finished the reading of this Mr. John McKeon Stated that he represented the sisters of Mise McCabe, by whom her board had been paid at the Bloomingdale Asylum previous to her removal to Blackwell's island, These sisters desired that she should yemain where she was, This matter had eco DRAGGED BREORE TH® PUBLIC ‘ in @ most cruel way through the newspapers, There were, he felt assured, no grounds of |nputa- fon thats le was detained improperly, Mr, Town. énd took the éXceptioh that there had been madé NO RECORN TO THE WHIT either by Commissioner Bowen or Dr, Parsons, Miss McCabe had been sent into Court by an attendant, and not her customary one at that, with & paper in her hand which she was at liberty to hand to any one, but without any formal returi to the writ by her custodians as required by thd statute, This was infamous, and before counsel should side, A formal return would be made two writ. Mr, McKeon said that he eaw the people wae not ad at ang And asked that the case stand over for haifan hour, while he would go to the District Palgtd ont office and ask that for one to appoat, on behalf of the people, This request was granted, CONTINUED ON NINTH PAGE. he insisted thas be heard on the other Pee anne