The New York Herald Newspaper, October 18, 1872, Page 5

THE RING FRAUDS. Another Field Day of “Wind and Fury, Signifying Nothing.” Continuation of Argument on Motion to Quash the Mndictment Against Tweed. Question To Be Raised as to the Jurisdiction of the Court. DECISION RESERVED ON ALL THE POINTS. ‘The proceedings in the case ef the People against William M. Tweed in the Court ef Oyer and Ter- miner, which were begun last Tuesday by a motion on the part of defendant’s counsel to quash the in- dictmenton the ground that two other later indict- ments still in the Court of General Sessions had superseded the indictment in this Oourt, were re- sumed yesterday before a very, crowded audience, Judge Brady on the Bench. Counsel for Tweed opened the proceedings by claiming that the aMdavits introduced by him must be met by aMidavits for the prosecution. Mr, Peckham replied that, admitting all said in the aMdavit to be true, it was simply the fact that there was a mistake of fact on the part of counsel en each side and did not affect the question of law now before the Court. He should simply now discuss the law question. The indictment for larceny, which was said to supersede this indictment, was a simple charge that he obtained a warrant. The charge in ‘this case was that he obtained a certificate of audit fraudulently. On mere inspection the Court could gee that this was not the same offence nor apout the same instrument, which was the fact of the case. Counsel had asked nim to show how a false signature to the certificate could be forgery. The statute made a false signature, by which a pecuni- ary claim, or evidence of such claim, was created, @ forgery. The statute croating the Audit Board made the certificate of the Auditing Board the evidence of a correct claim against the city. It was not necessary that @amage should have actually arisen. And if Mr. Tweed, by signing the Mayor’s name wopld have been guilty of forgery, then in obtaining his signature fraudulently, he came ‘Within the Mock Auction act. Under this view of the case the proper course of the prisoner was not to move to quash an indictment, but to stand his trial and then, if attached on the other, plead the Previous trial. But if the statute were to be fol- Jowed strictly then the proper course was not a Motion to quash, but a plea, Where there was any Gifference in the records the Court could not on mere inspection determine that the two. indict- ments were the same. That could only be deter- mined on evidence. In these twoindictments there ‘was a broad distinction. In this Mr. Tweed stood plone. Inthe other Mr. Woodward was charged with the main act, and, if Tweed should so elect, Woodward must be first tried. The Court gould mot decide on mere inspection that they were identical. There was not a feature on the two alike, except the amount of the draft mentioned in each. The act was different, the crime was different, the parties different and the means different. As to the indorsemént for forgery there was no resemblance in the crimes. One might receive a paper by chicanery and fraud, and afterwards perpetrate another crime to make the first effectual. They were even more widely dif- ferent than fraud and larceny; but he admitted that in one feature the two indictments were alike; both set out the same warrant, and in another count of the present indictment it was alleged that he converted this warrant, and it was argued that there could be no conversion without a forgery, and that evidence of the forgery must be given to sustain this crime. Now that evidence might be objectionable on the trid, but that alone was no reason, Evidence of one crime might be pertinent to the proof of another crime or not. Its admission rested entirely in its pertinancy to the cause on trial. And so it might be necessary to prove a forgery to sustain the cheat and yet the crime be distinct. Might it not be that he obtained the ‘Warrant by acheat and afterwards, as he was in- formed was the truth, forged the endorsement and thus obtained the whole money and that those two were distinct offences: Oounsel for the defendant replied that he had ver before realized how mean the State of New ‘ork was. Here was a District Attorney with an gable assistant and two appointed, not elected, Attorney Generals, who to a plain question did not face it, but made faces at it. He wished the people could be here to see what was done in their name. Mr. Peckham here asked that counsel .be con- fined, as he had been, to the mere legal question, or that he have leave to answer the other portions. Judge Brady said he should do so, as only the Jegal points would avail with him. Counsel, resuming, said he supposed that the ople were willing to place themselves in the lace of an individual, and answer questions when roperly put. He proceeded to argue that he §=question of the identity of the warrant on which the opie, fearing the validity of one, had brought three separate indictments, ‘was the same, But he argued that the indictments themselves, the highest record proof, was of itself pufficient proof of the identity of the papers on ‘which all three were founded. The larceny indict- ment, which more fully than the forgery indictment covered the subject matter of this ‘cheat’ indict- ment, described the paper alleged to be stolen in three diferent ways, clearly identical with the one described in this indictment. But if the indict- ments did not show their identity of themselves, ‘what would be given as parol evidence of such identity ? It was publicly announced that one of these indictments was intended to supersede this indictment, though the District Attorney, misled by the size and general appearance of the in- dictment, had mistaken the one. There had been a charge within the last forty-eight hours in a public paper that the District Attorney had, in order to secure a three years’ renewal of his term Of office, permitted his office to be run in the in- terest of his client. So far from that, he (the counsel) had been so impressed with what seemed to him the malevolent action of the District Attor- ney towards Mr. Tweed, that they had been for a time on bad.terms, and even did not speak. But the defendant had a right to rely on this state- ment thatone of these six later indictments was intended to supersede this indictment. Nor did Mr. Peckham himself deny the affidavit of Mr. Tweed. But the Court had the right, if these in- dictments were not on the same instruments, to compel the prosecution to produce the three, so that the matter might be determined. Judge Brady said he did not understand that Mr. Peckham denied the three were on the same Par ir. Peckham said he did not either admit or deny it. Counsel claimed that tn the bitterness of their persecution of Mr. Tweed they had cut their own throats. It seemed like an overruling Provi- dence that they should so defeat themselves. fence ‘was an instance in Holy Writ where one had uilt a gallows on which he first was hanged. But that they in their over eagerness had impris- oned themselves was no reason for overrul- thelaw. The statute quoted by Mr. Peckham not make the four papers to whose completion . Hall’s signature had been given of any value intil Keyser & Co. endorsed them, nor nad Mr. "8 ste without that of his two associates the ere, any value which brought it within the statutory definition of an endorsement to which a false signature roue be @ forgery. The prosecution could not spilt the byponent parts of 8 crime into all the crimes whic! re subservient 2 eo ine n civil pny @ cause of action w; visible. ‘as the) t Fastin te Hee ne effect the c' eating of the coun! New York ail the subservient cheats were at d in the final act, and no other rule could be held. This was not the case wheres man going to perform one crime turns aside to commit another. There he admitted that separate indictments would lie; but not in the case of one crime committed solely for the purpose of e: another, in which the it was absorbed in the latter, Counsel cited enator rs opinion in 9th Cowan. The Piopecatton could not carry Mr. Tweed be; nd ‘heir second and third counts, and, if they fatied. in thoee, rely on the first count and say the Grand Jury lied. He would like to be a oe 4 enough to cast aside a contradictory indictment and tell the Grand Jury if they brought in such a one that shee Were perjured and regardless of their oath. Had they stopped at alleging the procurement of the Mayor's signature that would been enough, but they went on and alle; a merely one ‘step ot * novea ‘ ae meh were” useless without” te eer ot ava a] . nce These were mere! e fin: but absorbed In the nal offences Xgat mander th this tute, if any rtion of hin ‘the purview of the other indictwonte it must be quashed, statute id two “indict- ments,” not two counts. If cither count was for the same WaAtter as another indictment the whole 5 ‘tmust fall. Thesatatute of quash- of t it, court. Mr. Pield asked that the Court name a day when he would them. There was a mo- tion to be heard set down the case for a trial, on which they should make a motion te quash the tndietmen: te Judge Brady said he had understood this asa motion to ih. Mr. Field said this was rather a jiminary ob- Motion to set dewn gaa already made it, understood the matter as Jus Brady said he woula inform them some a en he would hear them further. Court then adjourned. THE COURTS. Alleged Violation of the Shipping Act—The Le- land Bankruptey Case—Decision in Admiral- ty—The Special Rights of a BebtortoHis - Watch as Against a Creditor—Mrs. Garvey in Court—Snit Against the Manhattan Gaslight Company— Business in the General Sessions. UNITED STATES CIRCUIT COURT. Alleged Violation of the Shipping Law. Before Judge Benedict. Yesterday Judge Benedict sat in the United States Circuit Court and proceeded with the trial of George Koppel and Thomas Anderson, who are charged with violating the Shipping law by board- ing a vessel before she was moored, without leave of the master, After the case had been partly heard it was adjourned till this morning. The Grand Jury brought into Court five bills of indictment ist parties charged with infrac- tions of the Internal Revenue law, counterfeiting, presenting false vouchers, &c. UNITED STATES DISTRICT ‘couRT—N BANKRUPTCY. The Bankruptcy of Leland & Co.—Bonds and Coupens as Commercial Paper. Yesterday Judge Blatchford rendered the follow- ing decision in the matter of Simeon Leland & Co., bankrupts:—I think that, on the authority of the highest courts of this State and of the United States, the bonds and coupons in question are negotiable instruments, although issued by an individual under his seal and not by a corporation, and are not specialties so as to make them subject, in the hands of their assignee, to equities against their assignor. Although under seal they were issued, as they show on their face, to secure the pay- ment of money on time, and they contain on their face expressions showing that they are ex- poset to pass from one person to another by de- ivery. Therefore the attributes of commercial paper attach to them. Their character cannot be con- trolled or varied by the mere fact that their maker put aseal after his name. (Brainerd vs. New York and Harlem Ratiroad Company, 25 , 496; White vs. Vermont Railroad Company, loward, 575; Mercerto vs. Hackett, 1 Wallace, 83.) Such bonds and their coupons pass by delivery—a purchase of them in good taith is unaffected by want of title in their vendor, and the burden of gh on @ ques- tI tion as to such lies on the party who assails the possession. (Mur- Yay vs. Lardner, 2 Wallace, 110.) The evi- dence in this .case shows that the Union Square National Bank became to all substantial intents the purchaser of these bonds and coupons, in good faith, for,a full and fair consideration, in the usual course of business, and without notice of any possible defect in the title of their assignor. ‘hese views proceed on the assumption that the claim of the bank will absorb ali dividends on the bonds and coupons, and apply only to the interest of the bank therein. If there shall be a surplus be- yond paying the claim ofthe bank, questions as to the title and position of their assignor may become material. The interrogatories which the witness decline answer were irrelevant. T. M. North for the assignee in bankruptcy; D, McMahon for the bank. UNITED STATES DISTRICT COURT--IN ADMIRALTY, Decision. Yesterday Judge Blatchford rendered his decision in the case of John Irwin vs. The Steamtug W. E. Chaney, Her Tackle, &c., and Albert R. Bass vs. The Same. These libels were filed to recover—the first one the value of the barge Colonel J. A. Mulli- gan and the second one the value of a cargo of coal on board of her. The barge and her cargo were sunk and lost while in tow of the steamtug W. E. Chaney, in the harbor of New York, in the vicinity of Robbins Reef buoy, on the 7th of No- vember, 1871, in the daytime. His Honor deals at length with all the facts of the case and finally de- cides that there must be a decree for the libellant in each case, with costs, and a reference to a com- missioner to ascertain the damages. Beebe, Donohue & Cooke for the libellants; Good- rich & Wheeler for the claimant. Action tor Supplies to a Steam Vessel. Wickes vs. the Steamer Circassian..—About five years ago the steamer Circassian was lying at this port, bound on a voyage to Europe. She needed coal for the voyage and the Captain applied to a Mr. Bass, a coal dealer, who farnished the coal re- quired. The vessel was a domestic one, belonging to New York, The libellant claims that Bass had a lien on the vessel for this supply. Mr. Bass as- signed his claim to Mr. Wickes. The defence is, first, that the claim is stale, and second, that no lien ever existed for the claim. The case is at hearing. SUPREME COURT—CHAMBERS. A Man’s Watch Exempt from the Claims of a Creditor. Before Judge Ingraham. Greene M, Southard vs. George Wolbrecht.—This is a case the result of which is interesting to those fortunate enough to indulge in the luxury of carrying a gold watch. The defendant had the misfortune to become involved in debt, and his property was handed over to a receiver for the benefit of his creditors. In this transfer of prop- erty he refased, however, to part with his watch. A motion was accordingly made to compel him to give up his timepiece. The case was argued at some length. For the defendant it was claimed that a man’s watch was nothing more or less than an article of dress, and that a creditor had no more right to take it than to take one’scoat. On the other hand it was insisted that a watch was an article of luxury, and one that should be given up in payment of debt. After hearing the argument the Judge.denied the motion; or, in other words, to use his own language as entered in the record of decisions, ‘a watch may be included among the necessary articles of a'debtor which is exempt trom the claims of the creditor.” Pay for Street Sprinkling. The People ex rel. Thomas Canary.—From July to November, 1871, Mr. Canary did the street sprink- ling for the city, There was, as seems to be the rule nowadays with those doing corporation work, some hitch about the pay. Tired of waiting, he caused application to made for @ mandamus against the Board of Apportionment, compelling payment of his claim, amounting to some fifteen thousand dollars. The old line of argument in these cases was gone over with. After hearing the lawyers, which the page did, under the circum- [nero very patiently, he ai the motion and directed a mandamus to issie: Decisions. Claflin et al. v8. Gerson.—Motion granted, Bradt vs. Daverroy.—Same. . The People, ex rel. McGowan ys. A. H. Gree Gompfrollér.- Maddala Granted, directing p ” ment of $200. Hartman et al. va. Morgan.—Motion granted. ‘The People ex rel. Thomas Conway vs, The Board of Apportionment.—Motion granted, wi Weis et al. vs. Osborg.—Same. Sent, Kelly vs. Voigi et al.—Injunction continued ‘aa to alley of three and half feet, and vacated as to residence. iain Blake vs. Woodruff et al.—Motion Lightfoot vs. Mane, A al.—Motion dented. Klein.—Same. e ‘Matter of Henry W. Gear, &c.—Motion granted. Collamore vs. Cropsey.—Same. Marks vs. Harrison et al.—Same, SUPREME COURT—CIRCUIT. Some of Andrew Garvey’s Madison Ave- nue Property. Before Judge Barrett. Isador Wormser vs. Isabella Garvey.—Before Andrew Garvey, the great municipal plasterer, took his sudden departure from the city, when the mon- ater Ring frauds were first being overhauled, he conveyed some property in Madison avenue to his wife, the dofenvant in this action, It is claimed by the defendant that the latter sold him the property In for some $120,000, but failed to carry ont the stipu- Jations of the contract. Meantime the property, as has been going up an value, till it is now 000, Suit was brought before te to compel an enforcement of the con- u but the sickness of Mrs, Garvey caused a dela; ip the trial. ‘The case was called yesterday, whic! resulted in another delay. This time Mr. Luther R. on behalf of Mrs, Garvey, professed meas eagerness to have the case tried, but Judge Ditten- rym ae ting Mr. Wormser, submitted an vi the absence of a matertal witness. ae ae oe tled that the case should be set for sanding that a further delay would not be asked for on the same ground, term, but with the under- SUPERIOR COURT—TRIAL TERM. Nota Singular Suit, but Certainly Some Very Singular Facts, Before Ohief Justice Barbour. William Schaus vs. The Manhattan Gas Light Company:—This case, which has been on trial for two days, presented some points of much interest. In 1868 the defendanta were laying gas mains in Broadway in front of the plaintif!’s premises. They had dug a trench two feet wide and three fect deep, and had laid a main, but had not filled in their trench from Waverley place to Clinton place. On the night of the 24th and 26th of July there was a terribie rain shower, rain falling to the unprece- agented depth of three and one-halfinches in an hour and twenty minutes. That ‘ht the water Jound its way into the plaintif’s cellar, dam: to the amount, it was claimed, of from to five thousand dollars, Mr. Schaus charged it upon the gas company. It was found that the earth in the trenchshad caved in in front of the piaintit’s premises, and it was claimed that the injury resulted from the negligence of the defendants. The defendants’ counsel, in defence. showed that the byes all Frkegia Mr. piel Eames ‘through and aroun connec! water- closet with the sewer. fi Was shown "als0 that the sewer in Broadway emptied into a circular sewer four feet in diameter in Clinton.place, running into Sixth avenue; that this sewer at Fifth avenue ined @ sewer oval in form and of considerably sa nize. The result of this very stupid engineer- ing was to set back the water and prevent its flow; and it was proved that at this time the water was set back to such an extent as to completely iil the Broadway sewer and raise the column of water in the ianhgie at Waverley place about four feet above the crown of the sewer. The effect of this was to force the water through into Mr. Schaus’ cellar, and the earth not being rammed down round his pipe and the aperture not being cemented, the earth was undermined some seven feet below the trench, causing the earth of the trench to cave in, This exonerated the gas com- pany, and the jury founda verdict for the uelend- an’ A. R. Rodgers and Mr. Sherman for plaintiffs; Henry H. Anderaon for the defendants. COURT OF COMMON PLEAS—TRIAL TEAM. Got Pay for His Drinks and Cigars After All. Before Judge Loew. Moritz Brockman vs: Eberhard Faber.—In Febru- ary, 1871, two men called at the plaintiff's saloon, and having refreshed themselves with drinks and cigars tendered in payment a check for $140. The check was drawn by Mre. Hexamer on the defend- ant. Leaving his wife in charge of the saloon Mr. Brockman hurried off to the defendant's place of business to find out if the check was good. Mr. Faber told him he presumed it was all right and re- ferred him to his bookkeeper. The latter said it Was good, wrote on it ‘Accepted, C. Faber per Baber,” the latter being his name, and promised to pay it'next day, it being after their business hours. ir. Brockman, after this, gave his two customers money to the check, minus their bill, of course, and deposited it in bank. ‘The check came back en- dorsed with the statement that payment on it had been stopped and the same previously announced in @ Rewspaper advertisement. As the plaintif could not get his money back he brought this suit, which was tried yesterday. The deience was that no au- thority was given to the bookkeeper to make the en- dorsement he did on the check. In opposition to this it was contended that hs referring the matter to the bookkeeper confirmed this authority. A verdict was given for the plaintiff for $209 20, the full amount claimed. COURT OF COMMON PLEAS. Decision. By Judge Robinson. Sallie L. Bursiey vs. David Bursley.—Divorce granted to plaintitl. COURT OF GENERAL SESSIONS. A Car Conductor Acquitted of a Charge of Larceny—Alleged Wife Murder. Before Recorder Hackett. Most of the session was occupied yesterday in finishing the trial of Charles L. Ridor, a conductor on a Grand street railroad car, who is charged with being in collusion with three men in stealing $250 from Aaron Wolburg, a passenger on the car. The testimony was conflicting in reference to the occur- rence, and the accused showed previous good char- acter. A verdict of not guilty was rendered, In the afternoon Assistant District Attorney Sul- livan moved the trial of Mark Flanagan, indicted for the murder of his wife, Catherine Flanagan. There was no delay in obtaining a jury, Mr. Kintz- ing, the counsel for the prisoner, not interposing any objections’ to the jurors. It seems that the prisoner and his wife and six children occupied apartments in a tenement house at No. East Seventeenth street, and that on the night of the 16th of August last the prisoner asked his wife for money to purchase liquor. Subsequently they were fighting in their bedroom and he stabbed her in the neck with a shoemaker’s knife, inflicting a mortal wound. Mr. Sullivan made a touching opening to the jury, stating that a more dramatic spectacle than was ever enacted upon any mimic s' would be witnessed in the court during the trial. The pris- oner was charged with the deliberate murder of his wife, and one of the witnesses to establish the crime would be the little son of the accused. The first witness examined by Mr. Sullivan was James Flanagan, an intelligent boy thirteen years old, who said that his parents lived in the tene- ment house 405 East Seventeenth street; had four rooms and there were eight children; his father was a shoemaker, and on the evening of his mother’s death he was in the room; his father wanted some money to get ale; she said she had none and that he did not need any; the father tore his vest, and then the boy’s mother told him to go out on the fire escape and call up Mrs. Graham; he called her and upon return- ing he saw his mother with a broom trying to keep his father away; the witness went outside again, hallooed for help, and when he came in he saw his father kneeling over his mother; she “He has got a jooed. knife ;’’ then the boy took hold of his arm and tried to keep his hand away from her; witness made a grab to take the knife which was in his father’s hand, and in doing so scratched his own hand a little; during this time his mother was try- ing to get up from the floor; witness did not hear his father say anything; they were in the furthest bed- room, and when he (the witness) returned the last time there was a crowd of women doing something to his mother; he saw blood all down her waist when she tried to walk into the kitchen; this oc- currence took place between five and six o'clock, and she died about six o’clock; witness saw the knife afterwards at the station house. ‘The boy was cross-examined at great length by Mr. Kintzing, and said that his father used to have fits; when he first had them he used to have sev- eral in a day; he would get very weak and conid not stand on his feet; sometimes he would fall down and moan and say he was dying; his father had a fit two or three weeks before the killing; on one occasion when he had a fit he tried to poison himself by taking poison out ofa bottic; the mother used to sit up nights to watch him; he was not drunk when ad these fits; Dr. Smith attended him; he had a wound on his head a little while before u Miculty, and used to say that his head was ywful hard,’ pointing to the top: when he was sick the witness’ mother used to treat his father kindly; his father used to work steadily up to six months before the Killing, and after that only occasionally; he took the children out on Sundays to the Sixteenth street park; two or three times the witness heard his father say, when he came in from the street, that he thought some oue was be- hind him, going to kill him. In reply to Honor, the boy said that he had seen his father under the influence of liquor; saw | him strike hig mother and call her bad names wheji he would be@runk; his mother used not te speak when he would be cursing or fighting her. In response to the counsel, the boy sald that he ther after hg com- |, ry John King, the brother Sf thé deceased, was called, but knew nothing of the occurrence. As he was leaving the stand he said he believed the pris- oner was not insane, but that he was only playing ‘possum ; that tne deceased was a , defenceless oe and he “abuseg her to on all occa. 01 D8.’ Mary Graham, the landlady of the house, testified that she was called into Mrs. Flanagan's room and saw Mr. Flanagan standing over her with a knife in it hand; the witness got hold of and shook him; he looked into the front bedroom an the hall; Mrs. Buckley shouted that the wife was stabbed; the witness rushed out deceased into th and she was gol it her very wildly; she pushed him sce eee eee pees 1 it ihelf, end would poison himself and then drown himself; the witness tollowed him and brought him into the back 3 a} bedroom; is he came out, looked at his wife, raised his and kicked her; the boys went for the police, who arrested the Prisoner. In answer to the Recorder, Mrs. Graham said that the prisoner and his wife did not live happily tor ther. ‘This witness wae aleo thoroughly crose-examined by the prisoner's counsel and testified to the pris- oner having fits, and described his manifestations upon such occasions, When he atteinpted to poison if he drank about two inches of the liquid in the bottle, which she understood the prisoner used to put on leather. It ts understood tnat the defence in this case will be insanity. ‘The court adjourned at the termination of the ex- amination of this witness til! to-day when the trial will be resumed, November Grand Jury for the Court of ‘ General Sessions. The Grand Jury for the November Term of the Court of General Sessions was drawn yesterday, the drawing taking place in the presence of Judge Ingraham, of the Supreme Court. Mr. Douglas Taylor, Commissioner of Jurors, supervised the drawing. Mr. Henry H. Gumbieton, Deputy County Clerk, drew the names from the wheel. Mr. Ste- vens, Deputy Sherif, represented Sheriff Brennan. ‘The names were drawn from a pane! of about seven hundred. The following were the names drawn :— Charles L. Perkins, George W, Quintard, Jeremiah Deviin, Davia 8. Paige, Fitch W. Smith, James M. Raymond, Isaac P. Cole, James Turner. Robert Buch, James Taylor, Benjamin Albro, Samuel B. Varaensen, Peter Kimble, Charles G. Rosenberg, John T. Levy, Albert Storer, Charles F. Hadden, William S$. Corwin, Frederick C. Gloeekner, John Harper, Henry Perry Marshall, Edward Slade, Ed- ward H. Miller, John M. Pilford, Henry F. Anthony, Isaac Thomas Frost, Lindsey irving Howe, Isaac Bernheimer, Daniel E. Von Volkenberg, Join P. Elmendorf, Abraham R. B, Moss, Willlam Miles, Benjamin B. Vanburen, Thomas F. Gibbons, James Speyer, John R. Harris, James poner. Jobn Wil- ham Gutyer, Robert W. Nesbit, Cortland De. P. Field, Thomas Martine, Edward White, Jacob Phil- ips, Valter L, Childs, George Smith andPeter C. jaker. COURT CALENDARS—THIS DAY. Court oF OYER AND TERMINER—Held by Judge Brady.—B nglary, John Wrenn, Martin Terney, John Jones, Patrick Welden and Nathaniel Pang- burn; felonious assault and battery, James Mc- Giveny, John Regan, Samuel Mudgett and William Fremont. SUPREME CouRT—Part 2—Held by Judge Van Brunt.—Nos, 2702, 2052, 3388, 2434, 3464, 6, 8658, 3674, 3712, 3714, 3720, 3738, 3768, 3770, 3776, SUPREME COURT—SPECIAL TERM—Held by Judge Barrett.—Demurrer No. 27. Law and fact, Nos. 5, 115, 104, 107, 125, 131, 85, 86, 89, 133, 134, 135, 136, 137, 138, 189, 140, 141, 142, 143, SurREME CouRT—CHAMBERS—Held by Judge In- ‘aham,—Nos, 102, 104, 106, 131, 135, 164, 179, 189, 94, 222, 223, 224, Call No.'228, SUPERIOR CouRT—TRIAL TERM—Part 1—Held by Judge Barbour.—Adjourned to Monday, October 21, Part 2—Held by Judge Monell—Nos. 1318, 854, 1430, 1432, 1454, 1456; 1458, 1460, 1462, 1464, "1466, 1468, 1470, 1472, 1474. COURT OF COMMON PLEAS—TRIAL TERM—Part 1— Held by Judge Loew.—Nos, 68, 374, 468, 1337, 97, 1669, 609, 1855, 1868, 1678, 866, 932, 112434, 1051, 846, CourT OF COMMON PLEAS—GENERAL ‘TrRM—Held by Judges Daly, Robinson and Larremore.—Nos, 45, 39, 83, 62, 72, 92, 93, 85, 86, 17, 172, 73, 41 A, 41 B, 157, 188, 190, 194, 195, 196, 199, 202, 205, 206, 209, 211, 212, 213, 214, 215, 217, 218, 219, 22 224, 225, 226, 227, 78, 152, 87, 101, 184, 203, * Marine Court—TRiaL TERM—Part 1—Held by Judge Gross.—Nos. 642, 682, 596, 608, 644, 646, 660, 704, 748, 752, 754, 758, 760, 762, Part 2—Held b; Judge Shen.—Nos. 627, 537, 563, 621, 685, 623, 601, 69 697, 701, 703, 705, 707, 709, 721. Part 3—Hela by Judge Curtis.—Nos. 340, 496, 509, 475, 6, 392, 439, 491, 142, 241, 440, 388, 516, '517, 519. COURT OF GENERAL SEssions—Held by Recorder Hackett.—Homicide, Patrick Clifford; manslaugh- ter, Joseph Dykes; rape, Rubusliano Felins, Patrick McNamee and James Brennan, John Campbell and Charles McGuire; burglary, John Langdon and Henry Merrill, William Davis and James 8S. Smith; rand larceny, William Kenny and Jeremiah jurphy, David Hartmeyer. TOMBS POLICE COURT. pRRE IO Cone An Alleged Emigrant Swindler Arrested. John Quinn, an alleged emigrant swindler, was yesterday brought betore Justice Dowling, at the Tombs Police Court, charged with having robbed John Challon, a native of Germany, of $1,010, Challon, who came to the United States some years since, has been living at Manistee, in the State of Michigan. He earned money enough to send to Germany for his wife and two children, and as his finances continued to be in a prosperous condition, he determined to pay a visit to other friends in Faderland. He consequently procured a draft of $1,000 0n a Berlin banker, and, with $60 additional in currency in his pocket, came on several days since to take parece in the Cimbria which yesterday sailed for Ham- burg. Crossing to “New York on the ferry- boat from Jersey City he alleges he was accosted by two men, one ‘of whom he identifies as Quinn. They, learning his intention to go to Germany and that he had the draft in his possession, took him to an exchange office in West street, where they pre- vailed upon him to surrender it, with $10 addi- tional, to them for safe-keeping. They told him to call yesterday, and when he did so, urged him to hurr on board the steamer, for, as they sagely remarked, “he might get left.’ Quinn, he alleges, even pro- posed to accompany him on board, and did accom- pany hin to the Battery, where Challon, suspecting that ali was not right, eluded him, and crossing to Jersey City, found Detective Burns, of the Erie Railroad, to whom he told his story. The officer at once telegraphed to Manistee to warn the banker there of the loss of the draft, and then found and arrested Quinn, Who was committed without bail. MUNICIPAL AFFAIRS, BOARD OF ALDERMEN. The Hack Ordinances—A Joint Commit- tee Proposed. The Board of Aldermen met at two o'clock yester- day afternoon. President John Cochrane was in the chair. After the disposal of some unimportant business Alderman Van Schaick moved the postponement of the spewial order of business relating to hack dri- vers, and recommended in connection with his motion that if the Assistant Aldermen should ap- point a special committee to take charge of the subject alike committee should be appointed by the Board of Aldermen to confer with the former. The motion was carried. A statement of the expenditures for the legisia- tive department up to October 12 was submitted by the Comptroller. Out of the appropriation of oevied the amount of $160,507 45 had been ex- pended. The Board adjourned until one o’clock on Mon- day next. BOARD OF ASSISTANT ALDERMEN, M. J. Kelly Elected to the Clerkship in Place of Dempsey. The Board of Assistant Aldermen met yesterday, President Hall in the chair. Previous to the session the members held a private caucus, at which it was said they discussed a proposition to remove one of the attachés, Mr. Joseph Dempsey, the clerk, who was recently arrested for attempting to kill Lottie Stanton in a house of ill-fame in Thirteenth street. When the Board organized the President an- nounced that he had received a communication from Mr. Dempsey tendering his resignation. The letter was then read and the resignation was ac- cepted by a unanimous vote. A motion was offered appointing Mr. Michael J. Kelly, the Deputy Clete to fill the vacancy created by the resignation ot #. Dempsey. A vote was then taken an T, Kelly was ap- pointed Clerk of the Board, Assistant Alderman Costello moved @ resolution, requesting the Commissioners of Health to report by what authority the work of pth tens night soil hasbeen taken from the night wengers and given to one or two individuals, Adopted. Among those present in the chamber were the Rev. Stephen H. Tyng, Jr., and Mr. Apollo R. Wet- more, who appeared to A gba the Board against the resolution taking off ten from the side- - walks in front of Mr. Tyng’s church, and also in front of the Hospital for the Ruptured and Crippled. A resolution was offered rescinding all resolu- tions of the Board providing for the maintenance Op ac lamps at the expense of the city. It was referred, BOARD OF AUDIT. Another Mandamus Served. ‘This Board met yesterday, Comptroller Green in thechair, . ¥ . White in sedsion a mandainus, fesned by Suage Ingraham, was served upon Comptroller Green to jay the claim of Thomas Canary for watering streets in 1871, amount to $15,000, Owing to the absence of Commissioner Van Nort the Board was unable to act on the mandamus. Board then adiourned for want of a quorum. OONBCTENCE_ MONET. Comptroller yee iD yesterday received the follow- ing letter:— “7 ee Wh * Cuvron OF ms Nasri, Dean Sin—A — owe te $40, saking. me urn it to the city w York, iro vers tained iw anki , reti ot Ne it was wrongful several years since. me7 {TThw RVERETT, ‘Ree. Pastor of Nativity Church, 1 4 ‘omptroll The amount has been deposited by the Comptroller ry ofetuy treasury. A fire broke out yesterday afternoon on the first floor of the five story building 1,311 Third avenue, occupied by Max Patgaur as a drug store, that cated & damage Of $1,000. Insured YORK HERALD, FRIDAY, UUTUBER 18, 1872.-TRIPLE SHEET. NATIONAL BOARD OF TRADE. . THIRD DAY’S PROCEEDINGS. | Wis Motea. The Erie Canal as a National Highway for Trans- portation of Grain—The United States the Greatest Grain Country in the World—A Commission Proposed to Negotiate a Reciprocity Treaty with Canada— Gambling in Stocks and “Corners” Denounced. The Board resumed its deliberations at half-past ten o’ciock yesterday morning, President Fraley in the chair. The proceedings were opened by prayer by Rev. Dr. Leavitt, of New York. The desks of the members were covered this morning by pamphlets on “The Causes which Drive Commerce from Our Doors,” &c., signed by George O. Jones, formerly of Albany, but now of New York city, rs MARKET REPORTS. Mr. Youna, of Baltimore, from the Committee on Market Reports, reported that it could not recom- mend the Board to change the present system, but in favor of a committee or three to confer with the various commercial exchanges, with a view of se- curing as full market reports as possible. The re- port was adopted, and Messrs. Rowland, Young and Morrison were named as such committee. MEMORIALS relative to steam on canals and a Georgian Bay canal between Lakes Huron and Erie were received and referred to the appropriate committee. CHEAP RAILWAY FREIGHTS, A resolution of Mr. Ferguson, of Troy, instruct- ing the Executive Committee to take some action looking to the devising of some means to secure cheap railway transportation, was voted down, the Board refusing to refer his resolution to the Executive Committee, GREATER FACILITIES FOR TRANSPORTATION. Mr. Dorr, of Buffalo, called up Subject No. (inland water communication—as follows:. Resolved, That in the judgment of the Exceutive Coun, Gil. it any ‘proposition be ontertained by the National Board of Trade looking to an appropriation by the United States of money or credit In, tid of any work within the limits of @ particular State, it should be shown that such State is ready to abandon entirely to the general govern- ment any and all interest it may have In and the entire Jurisdiction ov control of such work, together with ‘the tree and unrestricted right of way anda release of all private gwnership. Mr. Dorr argued that water routes were always more economical than railroads, and in his opinion the West needed greater facilities, either by the improvement of the Erie Canal or the canal system of the St. Lawrence. Mr. Hazarp, of Butfalo, followed in support of the resolution, reviewing the early history of’ the Erie Canal. He claimed that it was clearly the duty of the national government to enlarge and increase the capacity of all the canals that afford an outlet for the products of various States, while it is the duty of the States to cheapen the water transpor- tation of rivers and canals that are of a local char- acter only. As the Erie Canal is a waterway or outlet for the entire West, he felt thatit was clearly the province and duty of the general (ahead in connection with the State of New York to en- large the carrying capacity of the canal. He op- posed the surrender of the canal to the general government, but supported the proposition for the general government to set apart a few millions for the enlargement of the canal. The State would in that case no doubt lay a small tax as tonnage ducs which in time would extinguish the debt upon the canal, while we should virtually have cheap water transportation. A work of this character should be considered national, and Clinton and his asso- ciates with prophetic vision saw that it was to be the great water-course for transportation with the great West, Unfortunately, the canal has not proved sufficient. While it has capacity of water to float 12,000,000 tons, the locks only permit the passage of 3,000,000 tons. With the addition of steam the capacity could be increased to 25,000,000 tons. ‘The canal product of the United States in 1860 was 1,228,428,000 bushels; in 1870 it was over 2,200,000,000 bushels, Our exports of wheat and corn to the United Kingdom were as follows :— Bush. Wheat, Bush. Corn. oe 725,720 85,036 881 14,818 28,167,463 8,931,611 16,959,763 30,225,623 ni Ingdom.of Great Britain and Ireland imported last year from all countries equal to 160,000,000 bushels of cereals, of which the United States furnished 47,185,386 bushels, Russia 43,500,000 bushels, and other countries the balance. The total exports of Russia in. 1870 were 132,917,000 bushels, while the total exports from the United States tor that year were about 40,000,000 bushels. Thus it will be seen that in competing for the supply of the English market we have a power- ful antagonist, possessing a country similar to our own in its topography ana agricultural re- sources: active in projecting works of internal im- transportation of its products to the seaboard, and determined to hold lier supremacy in the markets of the world for the sale of her agricultural prod- ucts. The United States, according to its popula- tion, is the largest grain producing country in the world, the product for 1860 being 88 2-10 bushels to each inhabitant; the product of Russia being at the rate of a fraction over twenty bushels to each inhabitant; Germany, France, Austria, Great Britain and ireland being a fraction over eighteen bushels to each person. Can there be a better argument for cheap transportation than the fact that the United States, being the largest food producing country in the worid must have cheap transportation for surplus food, or be supplanted by other nations in the markets which now control the price and vatue of our products? With an enlarged canal adapted to boats of 150 tons, under a low-toll policy and cheaper freights, the tonnage would soon be doubled and the saving in expense of transportation would ex- ceed the cost of the enlargement the first year of its completion, To show the national character ol the traffic of the Erie Canal it may be of interest to state the* proportion fora few decades of the New York State or local tonnage, compared with that of the Western States arriving at tide water: Local—Tons, Western—Tons, 319,167 129,580 530,358 841,501 379.086 1,896,975 229,121 2,028,668 will be seen that the local tonnage in 1840 was more than twice as large as the Western; in 1860 the West exceeded it by more than fifty per in 1869 the Western was ninety per cent of the total tonnage. On facts like these the national character of the Erie Canal has beeu fully established. It is the me- dium of transport, not for the trifling products of a single State, but for the accumulated products and manufactures of many States and Territories in their commerce with each other and with foreign nations. The enlargement of this important water- way concerns the Eust and the West. ‘The cities of Philadelphia, Boston, Portland, New York, and every town and hamlet in New England, are alike interested in obtaint the staff of life at cheap rates. Will the great cities of the East object to an improvement which is to give them cheap food ? Mr. Hazard concluded by moving as a substitute for the resolution the following, submitted in 1870 by the Buffalo Board of Trade :— Resolved, That the maintaining and improvement of inland transportation by water, natural and artificial, as a commercial necessity in controlling and cheapening thy cost of transportation of the agricultural, mining an manufactaring products of the country, are incumbent alike upon the States and the general governmen—First, upon, States, on such water ways whose tratiic is of a lo: cal character; and second, itis plainly the province and duty of the government to ‘improve such water channels, rivers or canals whose traffic or tonnage, peing, the com- merce of many States or groups of ites in their inter- course with each other, may be considered national im its character ; therefore, Resolved, That the tonnage of the Erie Canal, in its connection with the commerce of the great lakes, being strictly national in its character, it is eminently proper that the fie government should, and it is respectfully quested to take such measures, in connection with the tate of New York, for such enlargement and increase of its tonnage capacity as shall tend to cheapen the cost of transportation between the Western and Eastern States, thereby ig to the material wealth of the country. Mr. Ropes, of Boston; Mr. Opdyke, of New York, and Mr. Busby, of Philadelphia, spoke on the sub- Ject, and the resolutions, on motion of Mr. Opdyke, ‘were laid on the table. RECIPROCITY WITH CANADA. Mr. TaYLOR, from the Committee on Conference with the Canadian delegates, made a report on the question of reciprocity, as shown in the following provement, for the purpose of cheapening the | fc v gut commence from their legitimate channels and ob- Jee + AD animated discussion followed, many of the Members maintaining that these stock specula- tions were not dishonest. The resolution of Mr. Branch was lost and the resolution of the majority ‘The Board then adjourned to parti- in the excursion to Hell Gate. cipate An Excursion to Hell Gate. By invitation of the Chamber of Commerce an& the Importers and Grocers’ Board of Trace of this city the delegates, with their lady friends, at one o'clock, took passage on the ferryboat Winona for @ visit to the points of interest on the rivers and harbor. The versel was gorgeously draped in bunting, and a fine collation awaited the guests. The party first ran down into the — basin the Brooklyn — shore, viewed the storehouse, then — proceeded up the Long Island shore to Hallett’s Point. Dis- embarking, half an hour was devoted to the in- Specton of the tunnels under Hell Gate, under charge of General John Newton, woo took special pains to explain the character of the work. The visitors expressed their astonishment at the mag- nitude of the undertaking, and many of them com- limented General Newton upon the progress he made. Returning, the shore of New York side was hi 1 quite closely, to enable the party to see our dock system. A brief rnu was made up the North River, and at fifteen minutes after five the eee disembarked at Wall street ane Among e invited guests were the Canadian delegation, Thomas White, Jr., of the Montreal Gazetty; Peter Cooper, Senator Murphy, George W. Blunt, W. B, Belknap and E. A. Jones. JERSEY CITY STREET IMPROVEMENTS on Turnpikes and Plank Roads Abolished. vera Five Great Thoroughfares Through the City~ The Mountain Road—A Turnpike with a Bloody History—Street Contractors Outwitted—A New and Improved System of Competition. Progress in Jersey City has been a myth, because in the matter of public highways the city has been almost on a level with Weehawken or any of the other poor townships of Hudson county. The only thoroughfares leading from the city are what are designated “plank roads*—an institution handed down Jom the days of our great-grandiathers, The existence of turnpikes within the limits of a community numbering 125,000 inhabitants, and boasting of a high order of civilization, is a reproach that cannot be excused. At the latest session of the Legislature a movement in the right direction was made by the passage of ®@ bill authorizing the Boards of Chosen Free- holders of Essex and Hudson counties to purchase the turnpike bridge over the Hackensack leading to Newark and throw it open to the puolic for all time. The Boards carried out the provisions of that bill, A different movement is now in active progress, which will so completely outflank the in- heritors of the venerable turnpike institution that they will live to see the grass grow at the gates. The construction of the six great highways lead- ing through Jersey City to the suburbs will consti- tute the greatest public improvement of the past quarter of a century. These are Montgomery street, running from the Hudson to the Hacken- sack River; Grand street, which leads tothe main road to Newark; Newark avenue, the great central artery of the city, extending its entire length; the Mountain road, which forms an indispensable link between Hoboken and the northwestern section of the city: and Bergen avenue, which is the great thorough- fare leading to Bergen Point. he Montgomery street improvement is being pushed forward so rapidly that, in spite of the repeated landslides and “disappearances,’”’ it will be compieted by next Spring. Grand street is no longer a disgrace to the city. The pavement in the lower section of the city will be taid within afew weeks. The Newark avenue improvement will be finished within a month, and it will then be second to no thorough- fare m the county. The Bergen Point road is no longer a mudhole at the southern limit of the city, and, although the work is not completed, the high- way has become a fashionable driving ground. ‘The Mountain road is not only a desirable, but a wonderful impre nent. To open communication with the hill it was necessary to excavate rock to a considerable depth, erect a retaining wall on the edge of a precipice from twenty to filty feet high, and to secure an easy grade the road winds ina wig-zag fol The cost of this improvement, ac- cording to the specifications and contract, was esti- mated at $26,000, and although from the unforeseen difficulties attending the exeeu. tion of the work, fully $6,000 more will be expended the improvement will be cheap in comparison with the erection of the “Hundred Steps,” a most expensive stairway which wad erected a few years ago at this place at a cost ol $21,000, a fact almost incredible when one considera the cost of the materials in the stairway. The ex- cessive fatigue which follows an ascent, even in cool weather, will necessitate an abandonment ol this route when the m tain road is completed, Mr. Clark, a member of the Board of Public Works, states that this will be the most creditable job per- formed by any of the contractors of the city for a long time. Near the base of this thoroughfare 1s the ter- minus of the last of the turnpikes, which has some bloody associations connected with it. Fifteen years ago a party of men employed in Rommeit & Leicht’s brewery undertook to burn down the shanty at the toll gate, as the toll collector gathered in a large revenue on brewery wagons alone. A night was appointed and the men came pre- pared to burn it down, but before they reached the place a driver of a brewery wagon drove up his team and swept the structure aside. Mr. Leicht, however, reconstructed the shanty next mor: ing, and in the meantime endeavored to effect @ compromise with the turnpike company. All overtures were spurned. The men came a | a week afterwards and burned it to the ground. The toll collector secured nis gun and taking aim ata man who was an innocent spectator on the heights, but whom he supposed to be one of the incendiaries, shot nim in the leg. The man re- cent, and ten years later was five times larger, and | remeiunens which was made the specias order Jor to-day :— a Resolved, That the Executive Council! memoralize Con- grete to make an appropriation for the appointment of & commission to sit, in conjunction with the State Depart- Oy _ Great Britain for re- wit e inion of C comprehensive and ray basis, whic! the enlargement of the Canadian can: yy the govern evicate a the right of American vessels to canal j= the 7% 1s oe, “ee bate nd ph ‘vesse wi the sy special order Mor today sitchin GAMBLING IN STOCKS. The majority of the special committee on stock bling reported the resolution published in yes- rday’s HERALD, Mr. Branch reported from the minority :— Resolved, That the National Board of Trade desires to express its unqualified pores sca nd condemnation the Caged of forkie gambling in stocks, , and mer- cpmitercint ceniveny thet it regards this clase of trans Segons as e santiall v pernic! 1 in charac! a actior esse nti ious ter, utterly in- Gereusioie on every und of moral princt} ri cer ‘tain to result fn the d ape pete we ol aie shares. 3 td we eall upon ouF co 0 fre’ in any way associated with us. to lend ‘aid i diecountenn: their pewer, ng and discouraging, by eve outh “fervice in disci ry means in hear uuwarraptable perversions of trade | covered and no legal proceedings were instituted. The turnpike, which 1s the direct highway to Pater- son, is the property of the Hoboken Land and im- provement Company. The next step to reduce the company to the condition of Othello will be the improvement of Ogden road, forming a connection with the mountain and turnpike roads. The latest hed ublic improvement in the city is the extension of Washington street to the Cen- tral Railroad, A bridge with a draw isto be erected over the Morris Canal Creek. A bridge is to-be erected also in the extension of Walnut street. The bids for this work were opened at the meeting of the Board of Works last, Tuesday, and there was ‘found not a littie joker but a large one among those bids. he lowest estimate of any of ‘the well- known city contractors was $60,000, but one man came forward with a bidy of $15,000, a sum not suficient to erect the buttre8ses, and They by some sort of legerdemain, the man is to make money on it. A protest was lodged against an award to this, man and some revelations are promised in con, nection with this improved and patented system of bidding. The Board of Public Works will, no doubt, act cautiously, as they always do when the Grand Jury is insession. SOLDIERS AND SAILORS REENION. PINE eae ary Fourth Annual Meeting of the Society of the Army and Navy of the Gulf. The Society of the Army and Navy of the Gui held their fourth annual reunion yesterday, at Apollo Hall. Rear Admiral Thatcher presided. General ForsyTu, aide-de-camp of General Shert- dan, read the following letter explaining General Sheridan’s absence :— © My Dear Apwinat Bater—t had notified the Secrerary that I would be present at the annual meeting of our society on 19th, and now, with deep regret, have to announce my absence. Ihave been unexpectedly called to St. Louts on official duties which cannot be avoide and, will be too late to reach New York on the 17th, send to the society my warmest greeting, and know you iwTagal asa ROW Gress age ip toe "P. H. SHERIDAN, Letters of a similar character were also received from President Grant and the members of the Cabinet, and from General Sherman, Gene) Meade, General Emory and Governor Hoffman. ‘The address was delivered by General H. B, Sar- gent, the purport of which was to show that the Sud declared tne meaniug of the constitarion «He an e constitation. He in his opinion part of the education of the of the country should bea ite military the militia, with the strictest military ‘A poem was read by its author—Colonel Du- ganne—in which the most patriotic sentiments were uttered, OMcers were elected for the ensuing year as fol- ent, Rear Admiral Theodor. ‘| lows :—I © Bailey; Vice Presidents, Admiral Thatcher and Major General in; Secre' Colonel Granville nt ery; Treas- uw i Execute Com- mi Captain Eh el A.W. Brad in H. T. Carter Mayor J. wibere were not more than fifty members presen this being caused by a mistake im the selection the date for the reunion, the original date being fo1 to-morrow. In the evening, however, & banguel ‘was held at the Metrepolitay, acceed to the gu tom of previous years. The'reunton néxt year be heid ip Portland, Me., the date being Ayguat 6, ,