The New York Herald Newspaper, October 19, 1872, Page 5

More Commercial. Links Between the Old World and the New. THE GLAMORGAN. The Proneer of a New Line Between Lit- tle Cardiff and Giant New York. OTHER STEAMERS BUILDING. Welsh. Aristocracy and American Democracy to Clasp Hands Across the Ocean. STILL THEY COME. . Another Marine Gable to Aid in Increasing Transatlantic Intercourse. Lonnon, Sept. 16, 1872. During this month of September the pioneer ves- sel of a new line of steamships to New York was Jaunched on the Clyde. The ceremony was one of no. ordinary character, both as regards the distin- guished persons present and the still more distin- guished founder of this line of ships—the Most Nople the Marquis of Bute being the principal shareholder in the South Wales Atlantic Steamship Company. On this, occasion, with happy, fore- thought and suitable taste, Miss Foster—the niece of J, Edgar Thompson, Esq., President of the Penn- sylvania Central Railroad—was selected to do the honors of christening the noble steamship. With becoming taste and great self-possession this attractive young lady bestowed on the floating beauty the well-selected name of ‘Glamorgan,” mid the plaudits of the numerous and distinguished guests. The recent accident to the Marquis of Bute prevented his personal attendance on the ‘Occasion, but his good wishes were present in the shape of a grateful note wishing God-speed to the enterprise and strengtn to the link that was to bind little Wales to big America—that was to make modest Cardiff and giant New York more intimate friends. THE GLAMORGAN isafine, and promises to be a fast steamship, if not the fastest on the Atlantic, Report credits her with the capacity of crossing easily in nine days. But performance in this, as in most other things, will speak louder than words, She leaves Cardiff for the city of New York early in the com- ing month of October. She was designed, con- structed and completed at the “London Works,” at Renfrew, Scotland, by the well-known and highly reputable engineer-machinists and marine builders, Messrs, W. Simons & Co., who are now building a sister vessel, shortly to follow the Glamorgan, and of similar dimensions, to be named the Pembroke. A third sister vessel is also being planned for the same trade, but of larger capacity, ¢. e., 3,000 tons. ‘These vessels will be of great strength and carry- ing capacity; at the same time admirably adapted for the conveyance of passengers, ag no expense will be spared in their proper equipment. The Glamorgan in a few hours after being Jaunched had her engines put fairly to a test, and the working ‘Was most satisfactory. The following are her di- mensions:—Length between perpendiculars, 835 feet; breadth extreme, 37 leet; depth to spar deck. 2% feet; gross register tonnage, 2,500 tons. Her engines, of 450 horse power, are on the bigh and low pressure compound principle, consisting of four cylinders, two of which are 72 inches diameter and two of 36 inches diameter. The length of stroke is 387 incies. The boilers are tubular, having tweive furnaces, fired at both ends. These were proved before being placed on board, as is the careful custom of Messrs. Simons to test all their work before exposing it to any pos- sibility of arisk, The result of this proving was 100 pounds to the square inch freely. There are also auxiliary steam engines for starting purposes, for pumping, mooring, washing and supplying water to the condensers; also an auxiliai tal er for working the winches, cranes and windlasses while 1m harbor or at dock. ‘The lines of the Glamorgan are very handsome and graceful, denoting also high speed, with large buoy- ancy and capacky. They very much resemble the modeis of the Arctic and Baltic, designed by Steers. The Glamorgan is rigged as a brig, with iron lines, masts, wire rigging and patent geared topsails. She is fitted with double whee) screw, steering gear, a steam crane, two steam cargo winches, also a pow- erful steam windlass and Chadburn’s signal tele- graph, communicating between Captain and pilots and engineer. The internal arrangements are of the latest unprovements im naval architecture and adornment. PROVISION FOR PASSENGERS. The accommodation on board is for sixty first class, forty second and 100 intermediate passen- gers, while the space for emigrants and steerage Forte will accommodate easily 500 persons, ‘or these, in their respective degrees, every com- fort is supplied, consisting of ice houses, baths, lavatorics, music saloon, and all the other apart- ments so necessary towards comfort during an Ocean journey. The saloon is nearly amidships, so that first class passengers, being in the centre of gravity of the structure, are as free the sea sickness, motion and noise as possible. This saloon extends from side to side of the vessel athwart- ships, and is fitted up in simple yet ele- — style by the well-known art decorator, . Burges, of London. Piano, card tables, lounges, easy chairs, elegant tapestry and upholstered work serve to relicve the eye of the too frequently seen dinginess of the Atlantic Ocean steamers. On the r-deck is a roomy compartment, formin; airy and well protected ante-room entrance, fitted also with lounges and reclining settees. Then there ig adjoining the saloon a ladies’ cavin, finished in polished maple and rosewood, with tasteful and ropriate appointments and fittings. The staterooms beiore and ait of the saloon are spacious and handsome, and especially well Ventilated. At the stern are a spacious lavatory, bath, parcel and baggage rooms. ‘The second class cabins are particularly reomy and convenient, and the mess room and accommodations are excellently arranged. The steerage is considered with great care as to sanitary safety aud general comfort. The quarters for onicers and engineers, stokers and crew are also well constructed, looking to comfort, easy ingress and egress. The spar deck affords an unbroken promenade for passengers, and on it is the lookout bridge amidships, which covers a chart room and comfortable smoking saloon, fitted up wita Bice circular marbie tavies, louyges and other club- ike luxuries. ‘= The Glamorgan has had special attention paid to her sanitary conveniences. An excellent surger, and dispensary are well and properly constructed, and a female ward and two hospitals are fitted up witha Sheughs to special comfort and convenience. Each and all of these apartinents are well lighted ‘With gas made on board daily during the voyage. OFFICERS AND PROSPECTS OF THE LINE. This steamer is classed at the highest grade by the Liverpool Underwriters’ Registry and has been constructed under the supervision of their chief surveyor, Mr. West. The captain is the weil known Leyburn, formerly of t Cunard line. The clef oftcer is Mr. Willial the , en- if r is Mr, Nicol, 80 well and favorably known. Jardiff is the port of departure on this side and the wharf of the Pennsylvania Ratiroad Company, Jer- sey City, on the-other. The Marquis of Bute, in adustion to his enormous wealth, owns the wharf an jacent property at Cardi With his distin- 8] enterprise and liberality he has conceded po one remission of ali dock dues for one ear, and-has also granted a free supply of coal for e i period, besides other lesser privileges and juisites, lous to promote the most intimate comme! cial. and friendly relations between Ameri and Wales, this nobvle patron and almost founder of this line of slips is looking into other matters that may form a closer link between the old the new country. In his endeavors he has brought together a number of eminent and eee meneame who no louger see in com- merce. the ‘repulsive features of the coi moner” that once shocked royalty and aristocracy {0 old England. ‘The distinguishing marks of these steamers will be two white bands at the ton of a black funnel or Oe et and the fag of the service is a crim- smn! son Prince of Wales feather on a white ground. ‘The constructors, Messrs, Simons, are engaged ip baliding foe, remarkable steamers of 1,000 tons for the British Channel service, whose: speed is to average nineteen miles ‘per hour.. They are the constructors of the first screw ship that crosse the Atlantic with high and low pressure compound engines, ADDITIONAL STRAMSHITS are being constructed for the American Atlantic aoe NEW YORK HERALD, SATURDAY, OCTOBER 19, 1872—TRIPLE SHEET. rule. oy ae destination other large seams the Pom- crauio., ‘The Williams ‘ine 1a to have two Tiamense for their New York trade, anait ia con’ ry poet bed more —" ween Nowy t this sid Aisen apanion ere now contemplating thi, and " to America to nite; there. It is ~ Amer- ich liberal sua ie purse of anerean cit cease aan tities , and strive to revive domesticabipbuliding and promote home industry, . A NEW A \NTIC CABLE, ‘While the surface of mA being made ive with terprise, the depths of the wai ‘similar: . In. addition to the present th rer I th ia i f rapid ree e cables & lourt in course of ra} and embarkat f consi em| tion-on board the Great Kestern, This, new cable is a duplicate of the French one, and is co have its termini at Land’s End and Halifax. Its main length will be 3,600 miles, and will cost, leas the down, £1,200,000 and upwards. It is being placed on board the Great Eastern in lenggtie of 3 mile coils, Already @ large portion is on , and early the coming year it is contemplated to put it in use. The experience the past of given some important lessons on the construction Of this cable, and every approved new ieature that has been sapuliied Dy electrician engineers bas met investigation and adoption. ‘The machinery for the submerging and laying down is also im- proved, and marine cable pe tI now @ thing of ease and energy only, The don Telegraphic Construction and Maintenance Company, with their immense capital and net profits of last year amounting to £116,500, and having a monopoly, find it a very easy thing to Jay Anglo-American cables and reap the lion’s share of the benefits. The next thing expected is the reduction in the rate of messages. This is expected, as the example of Rowland Hill and cheap postage is looked upon as b ree applicable to telegraphic messages across the tlantic. Will monopolists see tais? THE JEWISH FEAST OF TABERNACLES. Its Observance in This City and Else- where=Origin and Object of the Festival. The Jewish feasts come generally ina bunch in the Fall and Winter of the year. The festivities of the New Year had scarcely abated when the solem- nities of the Day of Atonement came upon them, and now, when this festival has gone by, the annual festival of Succoth, or Tabernacles, bas arrived. ‘This festival requires Israelites to live in tents, or booths, made of branches of trees, and in large cities und towns this carnot be observed except nominally. To fulfll the requirement superficially such temporary structures are erected in the yards of private dwellings, where the family gather and partake of their meals, But even this formality is falling into disuse, it having little or no meaning for Israelites of the present age. It is designed as a remembrance of the times when their patriarchal ancestors dwelt in booths and tents, and also as & harvest home thanksgiving for God’s blessing in bringing them origtually into the Prom- ised Land and ing them “cities which they did not build, and houses abundantly furnished with ever, ace thing, and vineyards and olive trees which they did not plant.” Hence this feast, which lasts seven days, is a season of rejoicing. It began on Thursday, and will end on Wednesday next. ‘The first and last days of the feastare considered in some sense holy days, 80 that no servile work is to be done on them. The booths are to be built of myrtle and willow boughs and palm leaves, and as food citron must be largely used. The top of the booth is leit open, so that the sun, moon and stara may throw their light directly upon the interior. In mild climates and In more open spaces it is customary for the people to sleep as wellas to eat in these booths, but here this is not exacted. RELIGIOUS IMPORTANCE OF THE FRAST. Spiritually considered the festival is intended to check the risings of pride in the heart, which might spring up from a consideration only of the improved and happy condition of the Jews in their own land and homes. They are, therefore, to be reminded ear after year, by this festival, that, they are sill ut strangers and pilgrims here, and that their real home is in another and a better world, Each of the vegetable products used in the erection of the booths has also a symbolic spiritual meaning in- tended to remind the people of their entire depend- ence upon God. Part of the liturgy of the closing day is a prayer for rain and a propitious season. It is customary during this festival to take the rollsof the law from the ark and to carry them in proces- sion round the synagogue, which is illuminated. And, with the close of this festival, ends the Autum- nal festivals of Judaism. No other month in the year contains so many and vartous holidays as this month Tishri—the seventh—and it seems to have been the intention of the law that the gratitude of man should keep pace with the bounty of the Creator, and that, at this very season, when the earth Is cecring, with the abundance of the divine blessing, man should have it impressed upon his mind that the only return he can make for the divine iavor is obedience to God's jaws and jove for his Creator. ANOTHER QHAMPION OF PEIXOTTO, - New York, Oct, 18, 1872. To THE EDITOR OF THE HERALD:— Your Vienna correspondent seems either to be a credulous individual or to have too little time to spare to ascertain whether the rumors that reach him are founded in fact or wholesale fabrications, These thoughts naturally suggested themselves to me on reading in the HERALD of the 16th inst. his construction, or rather misconstruction, of United States Consul B. F. Peixotto’s mission in Roumania, Your correspondent says:—“It is further asserted that Mr. Peixotto is one of the leading members of the Soci¢té Israclite Universelle—a secret society, here over by one Of the Rothschilus, and with eadquarters at Paris. Well-informed persons in Bucharest insist that Mr. Peixotto is heavily sup- plted with tunds by the said society. How far these allegations are true I have no certain means of knowing.” Allow me, Mr. Editor, through your valuable and truth-loving journal, to tell your correspondent that, if he had been ever so slightly acquainted with Jewish affairs, he would not have given any ublicity to “allegations” so palpably false and un- rue. The “Sociéré Israelite Universelle,” of which he speaks, exists only in his imagination; the man probably meant the “Alliance Israelite Univer- selle.” If he did, he biundered again by representing the “Alliance”? as a ‘secre’ society.” A report of the proccedings of that organization is published every year in French and in English, and circulated in numerous copies. But your Vienna correspondent has never seen acopy of those reports; if he had he would have found out that the “Alliance” is not presided over by one of the Rothschilds, but by the cele- vrated orator, statesman and_ philanthropist, Adolphe Crémicux. That Mr. Peixotto is not Lid Uh supplied with funds by the ‘“Alllance” is placed beyond a doubt by the frequent appeals to the charity of the American Jews in his behalf. If the “Alliance” took such good care of Mr. Peixotte the New York Congregation Adas Jeshurum would certainly not have contributed $1,250 toward the Roumanian fund on the last day o1 Atonement. This analysis of a brief paragraph of your Vienna correspondent’s writing shows how logical must be the conclusions drawn by him from such utterly faise “aliegations.”’ I remain yours, respectfully, Dr. J. BONDI, Editor of the Hebrew Leader. THE SHOOTING OF JOHN REILLY. Carrying the Pistol for Car Thicver—A Dangerous Weapon ConfiscatedeRec- ommendation by the Jury. Coroner Schirmer yesterday morning he!d an inquest in the case of John Reilly, a vartender, at 793 Third avenue, who was shot on Wednesday morning, full particulars of which have heretofore appeared in the HERALD. Owing to there being no fire im any part of the Coroners’ office, and the rooms being cold and cheerless, the Coroner felt corapelled to take his jury and witnesses into the Twenty-sixth precinct station house and conduct his examination there. Bernard Gillis, the night conductor on the Third Avenue Railroad, who acci- dentally shot deceased, testified that he bought the pistol froma passenger on the cars for the purpose of protecting himse!f against a vilianous ‘ang of pickpockets whose operations he had in- erfered with, and who had threatened to watch for and be revenged on him. Gillis said Reilly was one of his best friends; the shooting he deplored much asaoyone could. Gillis was unable to account for the discharge of the weapon. The pistol isknown asa knuckle pistol and is very dangerous, inasmuch as the handle of the hammer is so short that it {s Hable to slip through the fingers and be any gray 4 Giecharged, as was the cage at the shooting of Reilly. e maker's name js not on the pistol, but on the frame work is stamped “My friend; patented December 26, 1868." ‘The testimony Of, Sergeant Schultz and several other witnesses showed that the occurrence was purely accidental, The matter was given to the jury, who rendered the following VERDICT, “That John Reilly came to his death by hem- orrbage from @ pistol-shot wound of the aldomen, said pistol being accidentally discharged at the hands of Bernard Gillis, at 793 Third avenue, on the 16th day of October, 1872. And, further, we con- sider gaid pistol a very dangerous one, and recom- mena the authorities to prohibit their use as far as possible.” Coroner Schirmer then discharged Gillis from custody, and confiscating lis pistol directed Ser- ares: Schultz to exhibit it to the members of the ineteenth precinct police and then turn it over to Superintendent Kelso for inspection by the entire force of the Police Department. Doubtless dealers in firearms will be warned against selling the Kapekle pistols ly future THE NEW ORLEANS DIAMOND ROBBERY. | "TOM C. FIEL The Great Steamboat Conflagration of 187! a Part of the Plot. Billy Forrester, the Nathan Murderer, Leader of the Robber Gang. {From the Memphis (Tenn) Avalanche, Oot. 15. In the Avatanche of Saturday, September 21, ap- eared a letter from James Kenny, 9 noted thief, to Chief of Police Athy, in which he referred to the great Sccoler diamond robbery of January 1, 1871, in New Orleans. The letter was written in October of last year, andin it Kenny alludes to having come to this city with Billy Forrester, about three weeks after the robbery was committed, Kenny stated also that. Billy brought fourteen pieces of diamond jewelry, consisting of pins and rings, with him. These were given to Jim Hickey, another well known thief, who was in the city at the time, and who undertook to “fence,” or dispose of them for Billy, The large centre stone of aciuster pin ‘worn by Angelo Marre was one of the stolen stones, Bonny shonahh. To whom the other diamonds were sold, he did not know, but supposed they were all disposed of in this city. : A VISIY TO KENNY’S PRESENT QUARTERS, Mr. M. Scooler, the proprietor of the store that was robbed, seeing Kenny’s letter, as published in the Avalanche, caine on immediately to this city for the purpose, if possible, of recovering some of his Is. ‘Arriving here, he proceeded to Chief Athy’s Ofice, and, after an interview with that oficial, it was determined that the .two gentlemen shoulda visit Kenny, who is in the Penitentiary at Nash- ville, and see if he could mot be induced to make some additional disclosures concerning this at Robber. Before starting Mr. Scooler told Chief Athy that the thieves carried off diamonds to the amount of $93, first cost, exclusive of set 8. When they reached Nashville Kenny was found industriously engaged in chiselling stone for the benefit of the ord people of the Commonwealth in general and the bat Age contractors in par- ticular. Being informed of the object of the visit, isenny said he was willing to tell all he knew con- cerning the robbery. FORRESTER IN THE LEAD—HOW IT WAS DONE. It was committed, he said, by Billy Forrester, Frank Dayne, alias Dago Frank, and Dave Cum- mings, who had planned the job several weeks previous, To afford them greater immunity from general observation the three burglars, the night of the robbery, hired a man to fire several boats that were moored at the landing. This was done. and in the pon tegration, the Thompson Dean and five other large first class steamers were totally destroyed. A steamboat fire invariably attracts an immense crowd whenever it comes off near a city, and in this instance the fire, being an unusually large and consequently exelting one, proved no exception to the general rule. Everybody was at- tracted to the scene, the police for sev- eral squares beimg ordered to the river front, thus leaving the streets com- paratively deserted. Among other ‘beats’? vacated by the men of shields and clubs was that in which’ Mr, Scooler’s store was located. The knowiedge of this fact was-properly appreciated and taken advantage of by the three “guns,” who, by the aid of their tools, effected an entrance to the diamond vault, and ere the first gray streaks of dawn had appeared on the horizon they quitted the store unmolested and unnoticed, with $100,000 worth of the guttering gems in their possession. For a few days the trio kept quiet, and after divid- ing the spoils Billy Forrester, as stated, left New Orleans, accompanied by Kenny, for this city, where he disposed of his share through Jim Hickey. Withthe exception of the centre stone, sold Angelo Marre, Kenny said he did not know for certain What had been done with the “sparks.” FORRESTER UNDOUBTEDLY NATHAN’S MURDERER, In a subsequent conversation with Chief Athy he stated that he was certain that Forrester was the man who murdered Nathan, the New York banker. No one but Forrester's wife knew, however, and as for her, he said, “She’s too fy to give Billy away.” }ionde Mollie, as Mra, Forrester is lene. known by her associates in this city, was the friend who conveyed him the tools where- with to break jall while he was incarcerated in our county stronghold and which he so couscien- tiously turne over to Jailer Jackson. FURTHER INVESTIGATION. Returning to this city Chief Athy and Mr, Scooler visited the bank where Angclo’s pin is on deposit as security for the appearance of his brother John before the Criminal Court for trial, As soon as the pin was handed him, Mr. Scooler identified the centre stone as one stolen from him the might of the robbery. From other sources the Chief learned of two other diamond pins that had been disposed of shortly after the robbery, and, sending for them, they wore also promptly tdentified by Mi cooler, The setting of the two last mentioned never been changed, the gentleman purchasing them sup- posing that was right, and it was to this that ur. Scooler was indebted for his recollection ot the pins. One of them is a small cluster, the other a solitaire of about one Karat. Chief Athy retained the pins, and now has them In his possession. He is now busily engaged in looking up some other gems that were sold here, and then sent East, Of the three robbers that planned and carried this most gigantic and daring robbery to a successful conclusion, Billy Forrester is in Jolict (illinois State) Prison, serving out an unexpired term of thirteen years; Dago Frank is in jail at Jeréey Cliy for attempted robbery of a national bank at that point, and Dave Cummings, last but by no means least in point o1 skill and daring, js at lib- erty, although he Js wanted by the authorities, CANOEING. The Canoe Club Regatta To-Day=—The List of Entries—Sailling Regulations and the Course. The first annual regatta of the Canoe Club will be sailed to-day in Flushing Bay. This club was or- ganized Jast February, at the suggestion and insti- gation of Mr. W. L, Alden, and it has now over thirty members on the rolls, owning a fleet of twenty sail. These miniature yachts have been modelled, with some slight variations, after Mr. Baden Powell's celebrated canoe Nautilus, and are the handiwork of a Greenpoint builder, named Everson. Some of the recent additions to the feet were constructed by Jarvis, of Watkins, N. Y. They are sailing canoes, with auxiliary paddles, The members of the club selected a day in the middle of October for this regatta, in order, if possible, to obtain sufficient wind to give a fair test of the weatherly qualities of thelr canvas, as drifting in ligut air and calms in the month of June would leave the victory to the fortunate rather than to the deserving. The rules of the ciub are very similar to those adopted by the New York Yacht Club, and they have evidently been yery carefully drawn up with a view to prevent auy “gouging.’’ “BOOMING OUT BALLAST” and other little sharp manceuvres are strictly pro- hibited, Another rule reads, Floors to be kept down and bulkheads standing,” very TrOpery pre- venting any gentleman from laying down inside his canoe while sailing on the wind, The members of the club have also seen fit to debar all animals of the canine race from participating in the sport or taking a sail as part of the crew. This rule was evidently iramed with a view to deter any saga- cious and enterprising “pore from jumping overboard, rigged in an appropriate | sult of harness and towing the canoe ina calm, or dexterously hanging on to the weather rail when sailing on the wind, The Regatta Committee would, however, probably wink at this rule on the application of any weil-bred “purp” that came properly recommended and warranted to He quict as stationary baliast. The crew are also forbidden to jump overboard and tow, push or in any way propel their canoe. This rule will probably be found very necessary in the “dog days,” but in the pres. ent season of the year such action would be highly improbable. ‘he canoes cach carry three sails, and are rigged according to taste, after the fushion of the “sliding gunter,” “sliding sprit’ or “standing lug.” The three saiis comprise the mainsall, jib and DANDY OR JIGGER, The average dimensions of the ordinary cruising fails Of @ canoe, rigged with a “sliding sprit,” are as foliowst— ———- Length.--——_— Lut, Teoch, Head, Foot, Feet, rect, = Feet. = Beet. Maiusail 6 9 4 6 Jib. 5 4 = = Dandy... 4 5.2 = 4 Beg canoe will to-day set its racing canvas, which is of larger dimensions. The officers of the club are Commodore M. R. Schuyler, Vice Commodore J. L. Morse and Secre- tary Dr. J.8. Mosher. Regatta Committee—J. 8. Mosher, W. L. Alden and Montgomery Schuyler. The race to-day will be sailed over a TRIANGULAR COURSE, starting from the mouth of Flushing Creek to @ stakeboat anchored off College Point, thence to & atakeboat off Fisher's Point and return to starting int. The judges are Captain 8. Samuels, Hon. . B. Roosevelt, Mr. 'T. 0, Lvans, Dr. J. H. Kidder, United States Navy, and Mr, J. H. Sparkes, The rize isa set of sik colors. The following canoes ave entered for the regatta :— Chip... Gretehe! ‘The can Ma nei time ago from a cruise in the waters of the Upper Mississippi, although not enrolicd in the club, 13 ex- cted to sail over the course with those contest ing for the prize. The club steamer will leave the foot of Grand strect, East River, for Flushing Bay Ot tep o'clock Uns morning S The Charges Against Assemblyman Fields for Defrauding the City Government Sus- tained by the Supreme Court. A Rake of $460,000 at One Fell, Swoop. JUDGE POTTER'S OPINION. The People of the State of New York vs, Thomas C. Fields, Impleaded with the Mayor, Aldermen and Commonalty of the City of New York.—This Was an action brought to recover of the defendant, ‘Thomas ©. Fields, a large amount of moneys ob- tained from the Comptroller of the City of New York by the fraudulent and corrupt means of false and fictitious claims, which he procured to be audited and adjusted by the sald Comptroller, and obtained payment of such claims from the said Comptroller; that said moneys were obtained by said Fields under color of the provisions of two Statutes of tho Legislature of this State, one passed May 12, 1869, chapter 876, the seventh section of which directed the Comptroller of the City of New York to audit, adjust and pay the claima, not to exceed the sum of $59,000, to the members of certain engine and hook and ladder companies, specified, which were organized under the direction of the Metropolitan Depart- ment, designated “suburban companies.” The sald Comptroller was by said act authorized and di- rected to raise the money necessary to pay the sum or sums which might be found due said members of said Fire Department, &c., on said claims as afore- said, on the stock of the city of New York—the stock to be issued in the usual form; said stock to be called the “Fire Department stock,” payable thirty years after its date, with interest. And the Board of Supervisors of the county of New York were therein authorized and directed to order and cause to be raised by tax upon the estates, by law subject to taxation within said city and county, an amount sufficient to pay the annual interest and to redeem said stock at maturity. THE COMPLAINT ALLEGES that under this provision certain claims were pre- sented to the Comptroller, and were audited and adjusted and fully paid by him, amounting to $49,277 84; that the defendant, by himself and his agents, conducted the whole business of presenting such claims, and received from the Comptroller all the moneys so paid by him, except the sum of $245, which was paid to Jolin Hart; that the claims so audited, adjusted and paid were , the only claims which at any time, prior to acertain other act, Passed in 1870, were audited, adjusted or found to be due to any person or persons under the provi- sions of said act of 1869, either by the Comptroller or by any other officer or person. The complaint FURTHER ALLEGES that on the 26th April, 1870, by the seventh section of another act of the Legislature, entitled “An act to make further provision for the government of the city of New York,” the said Comptroller was authorized and directed to pay the claims which had been found to be due to the members of the same engine companies and hook and ladder com- panies, under the provisions of said first-mentioned seventh section; and to raise the additional amount required for such purpose by the issue of stock of the city of New York, in like manner as provided by said first above-mentioned seventh section, and the interest and principal thereof to be raised also in the manner as the same first above-mentioned seventh section provided; that there was not at any time subsequently to the sald first day of Jauu- ary, 1868, any just, lawful, equitable or other claim of any members or member of any of the said com- panies; that the said ‘THOMAS 0. FIELDS, well knowing the premises, but falsely and cor- ruptedly intending to defraud the public of the moneys hereinaiter next mentioned, did cause to be made out, in writing, certain new, false and fictitious clulms, amounting in the aggregate to the further sum of $459,972 79, in the names of the same persons respectively, whose pretended claims had already been so audited, adjusted, and fully paid as above stated. and for the same iden- teal retended causes of claim, respectively, as hi been so as aforesaid respective! passed upon, audited, adjusted and paid in full, as afore- said; and after the passage of the said Act of 1870, that is to say, on June 3, 1870, did present such new claims to the sald Comptroller, and, as pretended assignee of the claimants in such new claims, ob- talued payment from him, said Comptroller, as upon such new claims, of the whole sum of money last above mentioned, That the said Thomas 0. Fields was a member of the Leislature which adopted the said act of 1870, and was a promoter of said act; that before such act he had arranged and organized measures for procuring the passage of such act, and FRAUDULENTLY OBTAINING the assent, real or appirent, of said pretended claimants of such new claims respectively, to the use of their names, for the purpose of giving color to such new claims, and investing himself, said Fields, with a formal or apparent assignment from such last mentioned claimants respectively, of such new claims respectively, and did, on the said third day of June, cause himself to be recognized by said Comptroller and the Mayor of said city as such assignec, and thereby obtained the said last-mentioned sum of money, which last-mentioned sum of money was raised for the purpose of such payment thereof by means of stock, as directed in Sald act of 1870, and sold on that occasion to bona Jide purchasers. And the said plaintiffs turther say that the said Thomas C. Fields had agreed with said pretended claimants of said new claims belore the passage or promotion of said act of 1870 or any of his said acts and doings concerning the procurement of said last- mentioned suin o1 money, that he, the said Thomas C. Fields, should keep and retain, for his own benefit, asa reward for his agency in Prociring such last-mentidned sum, one equal moiety or half ol of all the said pretended new claims, and that ie, the said Thomas C. Fields, did accordingly re- tain such half part of such last-mentioned payment or more. That ever since the last-mention FRAUDULENT PAYMENT to the sald Thomas C. Fields, the Mayor, Aldermen a onalty of the city of New York, and all these several ofMicers, if any, who might or could exercise any power or autlority in the premises, and the Board of Supervisors of the county of New York, and all their several officers who could exer- cise any power or authority in the premises, have, with notice and full Knowledge 0! pail lads 4 and of its fraudulent nature, acquiesced in and ntill do acquiesce in such fraudulent misapplication of the said moneys, and at all times since such ap- plication were, and still are, collecting aud con- niving with the said Thomas C. Fields in the frand aforesaid, and in protecting him from responsibility for the same by any judicial mewvs or remedies, And the plaintif? demands judgment to recover the sald sum of $459,977 79, with interest. The defendaut demurred to the complaint, and set jorth the following causes of demurrer, which will appear in the opinion. Charles O'Conor und W. H, Peckham for the people and W. A. Beach for defendant. Judge Potter’s Opinion. First—The complaint, in my opinion, does state facts suiiicient to constitute a cause ofaction. It charges that the defendant falsely and corruptly intending to defraud tie public, and by means of faise and fictitious claims obtained payment from the Comptroller of the city of New York upon such faise and fraudulent claims to the amount of $450,977 79. For the purposes of this case this charge is admitted to be true, Moneys obtamed by fraud and falsehood, by false pretences or fraudu- lent representations, 1s recoverable by action. The first cause of demurrer is not, therefore, well taken. Second—The second cause of demurrer, that the complaint does not state facts suilicicat to consti- tute a right of action in favor of the plaintiffs, comes within the rule‘of our decision, in the case of The People vs. Tweed and Connolly, and is not, therefore, woil taken. The Comptroller of the city of New York, by the seventh section of the act of 1860, chapter 876, was created or appointed a trustee to audit, adjust and pay certain claims of certain members of engine and hook and ladder companies thérein specified,“and was authorized and directed to raise money to pay the same, to an amount not exceeding $40,000, In pursuance of this authority aud trust, as is alleged and admitted, the satd eerareae, te did audit adjust, and pay from moneys obtained, by virtue of his authority, all tue claims of said engine companies, Ac., that bad been presented; that these claims fell within the said limit of $60,900, and were the oniy claims found due by the Comptroller to such com- panies prior to the act of 1870, hereinafter referred to, Under the provisfons and limitations of the act of 1569 but about $722 66 remained within the power of the Comptroller to audit aud pay, The payment of such further sum would exhaust all his power to raise money for that object; but this sam remained to be acted upon, and ihe act of 1870 can be held to operate upon this balance. In 1870 the Legislature by an act, chapter 36a) section 7, di- rected and authorized the said Comptroiier to pay claups “Which bave been jouud due” to Wwe members of the said engine com, &e., “ander the — provisions section 7, the act of 1860," to raise the additional amount , required for such an the bg provided by tne tot or iad. te fmm or Bee to pay such clatms ome as had been found due under the act of 1869, Tiere was no autho: myen to the Comptroiicr in act of 1870 to adit claims,” asin the act of , but a mere the ch have been found to pay due under the act of 1569, 1 think be a San tahaiaaies, tala oe po cna intended to invest one inate with the un’ power to raise y, tO the extent of miions, he pleased, under the language em- Noy it, and to it upon claims, without direction to tliem, when in the prior, act they. had en. expressly cautious, not only to limit his power as to the ut demand oMmiciall torauate ¢ ti. Under the Provinébe ot eee sections tes the fraud al was commit- ted. These two lons must construed as being in part and their construction is be regarded as an element in the case, It was held by Lord Hardwicke, in Wallis va. Hod- son, Barn, Ch. Rep., 276:—‘In the construction of two statutes, for the better settling of intestate estates, in which the latter act had some additional clauses, that the latter statute must be construed as if the former had been recited therein.” Dwar- ris’ Amer. Ed., 190,191; 5 Cranch,1. Without re- fer to rules of construction, it is very clear to my id that there is nothing in the act of 1870 that repeals the limitation of the power e: d in the act of 1 but it remains a part of the law. Indeed, I think the law of 1870 preserves that lmi- tion; it distinctly refers to the claims that have. been found due under the provisions of the seventh section of the act of 1! and to the pre-existing audit, There is no assumption in the act of 1870 that au amount exceeding $50,000 was necessary, but only, by fair construction, that the whole sum of $50,000 had not then been rawed, and that the whole amount had not then been paid. It 1s not alegal presumption, to be held and taken of an act of the Legislature, that. the intended what they omitted to express, nor thaf they did not pos- sess suficient erudition to express in appropr ate language a power 3 intended to confer. Stat- utes, by authority of which citizens may be deprived of their estates, must have the strictest con- struction; and this is 80, Whether it be in the exer- cise of a public or private authority, Powell vs. Tuttle 4. N.Y. 401, True, looking only at the two acts, the necessity of the act of 18701snot apparent. There is, however, no provision in the statute authorizing the raising of an amount exceeding $50,000; nor could he raise a larger sum without an act of the Legislature to fputhorize it. ‘The Comptroller was a statnte oMcer and a public omcer; he was limited to the power conferred, and was responsible for an abuse of power or for the exercise of power not conferred. Dwarris jays down the rule “that acts of Parliament which impose a duty upon the public will be critically construed with reference to the eeacitys language in which they are expressed, When there is any ambiguity found the construction must be in favor of the public, because it 18 @ general rule that where the public are to be charged with a burden the intention of the Legislature to impose that burden must be explicitly and distinctly shown.” American Ed., 255. The only word in the act of 1870 upon Which and under which this false and unsound construction is claimed is the word “ADDITIONAL.” There is no difficulty in giving full force and effect to that word, by applying it, with a common sense application, to the balance of $722.66, which re- mained unpaid, or not raised, under the act of 1866, But t1 the Comptroller construed the statute as itis now claimed for him, or even if he actually possessed the power, as now claimed. and acted with perfect integrity, 1am unable to see that his acts would justily the defendant Fields in the al- leged acts of obtalning from him public moneys by FRAUD AND FALSEHOOD, and by the use of fulse and fictitious claims. Moneys 80 fraudulently obtained are subject to be recovered back by action. Title to property is not acquired by fraud. Honesty and good faith are held to be the living, pervading universal prin- ciples and buses of all dealing between man and man before Courts of justice; and no cunning or skill of the perpetrator of a fraud can shield him in Courts where a pare administration of the law is a pr ftaia principle of their action. A disposition by a public officer of funds in his hands for public purposes, whether obtained under authorized or unauthorized power, is a misappro- priation and a breach of trust, and he is and ought to be held Mable to somebody in an action to re- cover them, and any one who aids and assists him in the commission of this breach of duty, or who by persuasion, fraud, falsehood or other corrupt means, obtains the possession of such funds, is equally a wrong-doer, and is responsible to answer for them in an action. The defendant does not inte @ose the objection that Connolly, the Comp- troller, who raised the money, is not sued with him, nor would it be material if he had. Each indl- vidual who by fraud and corrupt means advises, or assists, or participates in, or secures a part or the whole fruits of a irandulent scheme, is liable indi- vidually, 1 think, upon the admitted facts of the case, that aright of action does exist in favor of the plainti(, and that such facts suficiently appear on the face of the complaint. If we are right in the views above expressed, then tne third cause of de- murrer, “that the plaintiff has not legal capacity to sue,’ will fall, for the reasons given in the cases of the People vs. Tweed and Connolly; that such an action is properly brought in the name of the peo- ple. That under the first subdivision of thig thir cause of demurrer the interest of the people con- sists in their legal right as well as duty at common law to bring the action, and that no other interest is legally necessary. That under the second sub- division of this cause of demurrer there is no legal acknowledgment of the validity of the defendant's claims; and that under the third subdivision tne said moneys: were not paid and received by the defendant by virtue of any power and authority conferred by the plaintiis, The result is, the order of the Special Term should be affirmed, RUMORED INDIOTMENT OF MAYOR HALL He Has Heard of No Now Developments in His Case—He Considers an “Omnibus” In- dictment Possible—His Views on Mr. Twoed’s Absence. It was currently reported yesterday afternoon that the Grand Jury of the Court of Oyer and Ter- miner had found an indictment against Mayor Hall, charging him with fleglect of his official duty in passing certain claims while acting as a mem- ber of the Board of Audit, The indictment, it was rumored, was found on the application of Attor- ney General Barlow and Mr. Wheeler H. Peckham, and further that Mayor Hall had given bail. AN INTERVIEW WITH THE MAYOR. Last evening a HERALD reporter paid a visit to Mayor Hall’s house in Forty-second street, near Fifth avenue, to learn who were his bondsmen and to see what information he could give as to the | new indictment. The Mayor was about leaving his house on some important business when the re- porter accosted him, ‘Come down the avenue with me,” said His Honor, “and I will anewer all the questions you want.’ The invitation being ac- ba er the following conversation ensued :— KEPORTER—Can you tell me anything about the new indictment which it is sai against you, Mayor Hall ? Mayor HaLi—I have not heard the first syllable about it to-day, for ] have been hard at work in the City Halli, and what you are now saying is news to has been found me. REPORTER—Then the report that you have given bail is false? Mayor HaLt—Certainly it 1s, With respects how- ever, to a new indictment, it is possible that the old ones have been rolled up together into an om- nibus indictment, as 1 myself have wished, As I have given bail already, I see no chance of my being called upon to do soagain. Ineed not then have given it if I had not chosen to make a@ fight over the proceedings. 1am indicted, as Andy John- son was, for negiect of oficial duty, but ldo not in the slightest fear the result of the coming in- ves tion; on the contrary, Icourt inquiry into my official conduct. evonten.—It is said to-day, Mr. Mayor, that Mr. Tweed 1s a fugitive? Mayor Hatt—I do not think he is the man to run aw I myself have not seen him for a full year, however, By this time Mayor Hall had reached his destina- tion and the interview terminated, STEAMBOAT RACE. From New York to Albany In Seven and a Half Hours=—The Sylvan Dell Runs Against Time. The long-talked-of trip of the Sylvan Dell to Albany came off on Thursday. The Dell was launched early last spring, and ina very short time made for herself @ reputation for speed by several times leaving the Bristol and Providence in her. backwater. Thursday’s experiment was made at the request of a number of the passengers ofthe line, who were anxious the boat should be put to a test for specd, With twenty-eight pounds of steam she ran from Vestry street, North River, to the Albany landing, in 7 hours and 43 minutes, thus furnishing the quick- est steamboat trip on record, She averaged twenty- two miles an hour, as will be seen from the following :- stry street, 8.31; Yonkers, 9:17— 46 minutes; Piermont, 9:40—1 hour 9 min. utes; Tarrytown, 9:47—1 hour 26 minute: Stony Point, 10:27—1 hour 56 minutes; 11:06 4—2 hours 65 \4 minutes; Poughkeepsie, 12: 8 Aa) 40 minutes; Alvany, 4:14—7 Hours 43 minutes, From the above it will be sean that when she got into shallow water she lost speed at the rate of avout three miles an hour, Inspector Belknap, Mr. McIntosh, of Pavonia ferry; Mr. Ayery Smith, of the Staten Isiand ferry all the firm of Fletcher, Hartison & Co., and a hoot of old North River vilots, were among the UWVited gueste 5 THE’ WAR’ IN’ ARKANSAS. QUIET PARTIALLY RESTORED. White Men Organized. and Under Arms. Armed Bands of Negroes Prowl- ing Around: {From the Memphis (Tenn,) Avalanche, October 15.) Our latest advices from the seat of war about Osceola, Ark., are up to one o'clock yesterday morning, at which time the packet trom 8t. Louis left the landing, having lain there several hours taking on goods, plunder and people, who are re- moving their property and families to a more settled locality, The citizens were still under arms and in apprehension of an attack by rein. forcements for Fitzpatrick irom over the Critten- den county border, The jail was crowded with prisoners, captured along the different roads south of the town by the parties who pursued the F,tz- patrick gang. Several had been brought in ‘wounded, and, of these, all save one had been sent to their old homes, to be cared for by their friends, The wounded fellow in jail is said to have been a very bad man, who had contributed largely to- ward inciting the blacks to insurrection and en- gendering prejudices against the whites, A number of Missourt people, who came in to assist the citizens, have returned, and those re- maining in the town are now quiet and orderly, but determined to defend themselves should hos- tile demonstrations be made, They have placed themselves under the orders of the Sheriff, whom they obey Bat and the opinion ts expressed that there wi!l be no more trouble, unless a raid is attempted by bad from Crittenden county, ‘The country bordering along the river,,below Osceola, is in a stute of fermenting excitement, and all sorts of wild rumors are current regarding skir- Mishes, battics, preparations for war in ad t neighborhoods, and a squad of citizens have been scouring the country for several days, captarin, influences the blacks who served under Fitapatrict when found with arms in thelr bands. All of the latter who have been captured ure meek and penitent, and declare they will not again be caught in s@ch company. Severalcl to have been pressed into the gang. Reports are current that a number of the blacks were shot and killed while being pursued after Fitzpatrick fled. The latter narrowly escaped capture on Thursday last, having been chased so closely that he left his horse, one of the finest in the country, and his gun, a'splendid Henry rifie, in the hands of his captors. Fitzpatrick crossed in a skiff at Pecan Point over to the Tennessee shore, in company with two of his black brothers, on Fri- day last, and on Sunday he was in the city, Sun- day he went over to Marion to confer with the county oMcials and others of his political friends. Sunday night he is known to have been in cancus with a number of persons, and several armed bands of blacks were prowling around Marion, and had expressed a desire to move northward towards Mississippi county, All they desired was leaders, and word was sent them to meet at eight o'clock pega: morning on ret farm, just back of Bradley's lauding, four miles south of the Critten- den county line and some twelve above this city, where Fitzpatrick said his forces should rendez- vous, and he would fix them allright. Hardin, the resent Sherif! of Crittenden, told some citizens he other day that Fitzpatrick should not have a man to cross the line towards Osceola; but, being both unprincipled and unscrupulous, he is likely to change his mind if it should suit his views to do so and if he could serve @ purpose thereby. His bro- ther, Lute Hardin, is a candidate for County Clerk of Mississ!ppi county, pions he has always lived in Crittenden, and it-might be a card in his favor to incite further insurrection, 80 a8 to have the militia ordered to the country. As the steamer Celeste came down the river night before last she was hatled at nine P. M., near Kugler’s landing, just above Pecan Point, and thirty miles below Osceola, A negro was the only person in sight, and she rounded to to find more than twenty- five armed blacks, who demanded passage down the river. The captain threatened to turn his hot- water hose on the party, and they scampered over the bluff into the woods, out of sight, im)a very great hurry. At Simpson's landing, in Bend 36, he Celeste was hailed near midnight on Sun- day by a squad of white men, who demanded that the boat shouid return twenty-five miles up the Tiver to Nodena, where a fignt was going on. The: were finally dissuaded from such a course, ap became convinced that the reported fight was a fraud, everything being quiet about that locality as the Celeste came by. ‘The Celeste nas on board a couple of vicious, war- like Joking muskets, in tip-top order for shootin folks, which were picked up in the road near C tonwood Point, fifty miies beiow Osceola, where tuey had been cast away bs some of Fitzpatrick’s blacks when closely pursued by the white citizens. ‘The captain of the steamer gave his receipt to de- liver the weapons safely to Colonel Davies, who is the present commander of the citizens at Osceola, under orders of the acting Sheriff of the county. AS an illustration of the way things are managed over in Crittenden and Mississipri counties and the Means used to engender ill mre, ee por ge] we blacks and whites, the following incident 1s re- lated:—Some three weeks ago Lewis, who is a candidate for Sheriff in Crittenden, ited one of the plantations near ley’s Landing to make a speech. The farm hanas left their work and collected to listen to harangue. He argued that a black man should bot vote the same way that white landowners did. Their interests were antagonistic, he said, and the landlords were all trying to get control of the gov- ernment of the State and county so as to disiran- chise the blacks, stop them from bess | ‘and per- haps take their liberty from them. For his reason he desired to secure their influence, their votes, and then the otlice of Sheriff, being their friend first, last and all the time. This talk caused the farm owner (a gentleman from North Alabama, who only purchased a plantation over there within the past few years) to make a talk in opposition, though it was the first political effort of his life. The planter told his workmen that Lewis was either an ignoramus who did not know of what he talked, or he was @ bad man, who wiltully misstated the facts, He told the negroes that the American constitution had confirmed their freedom forever, as it had-also en- franchised them, and the State of Arkansas could no more tamper With or prevent them exercising their rights of freemen than they could move the world. Lewis came and asked their votes to make nim Sheriff and keep him from work, make. himself rich and engender idleness, trouble and torments. Ifhe followed the plougt and worked the fields as those did to whom he talked and of whom he asked votes he could grow rich by labor, as they were trying to do who asked no office but hard work. ‘This talk placed anew complexion on the face of things. The benighted darkies were edifled and at once voted thanks to their Git anche for the in- formation he imparted. And this course of med- diing politicians is driving good people trom the country, for several planters deciare their deter- mination to sell out and leave in preference to liv- ing surrounded by strife, trouble and turmoil all their days. THE HARLEM COURT HOUSE. The Commission appointed by the Senate te investigate alleged irauds in connection with the construction of the Ninth District Court House held @ session in the Aldermen’s chamber, City Hall, yesterday afternoon, Present, the Commissioners D.F. Tiemann, E, D, Burdick and H. Weissman. Mr. Ketcliell conducted the investigation on the part of the Commissioners, and Judge Waterbury appeared as counsel for Senator Genet. One of the commitice stated, in a conversation before the session opened, that $300,000 worth ol lumber had been “swallowed up” in this Court pag and not more than $100,000 worth was really used, From the course of the investigation yesterday it is evidently the intention of the committee to get at the amount of material which has been pur- Chased ostensibly for the Ninth District Court House, and then, with @ knowledge of what has been used, the amount of fraud can be ar- rived at. ‘To this end some six or seven lumber dealers from Albany were examined as. witnesses to testify to the oa eis conta quentisien tare to Hon. George that time and April, 1871) State. Senacor and e1 lumber trade, being @ partner of Miller & Co., of Oneida. This lumber was placed on the barge Case: and shipped to John Scalion, in Manhattan ‘ani ‘was intended--ns was not denied--for the Court House at Marien igi . iene a vy — 5 it ens, 0 eouetis: oF The estate of Mr. Sand! ee deceased, showed that for this lumber was $9,748 by Mr. Sandford, Li that amount was issued b; pro authorities. One of the lumber dealers testiti that this was a fair valuation of the property. Certain other pe rs Were introduced Sofi cn Mr. Sandiord had certain relations with Mr. Genes in the matter of purchasing lumber for the Court House. But they, wna indeed the entire evidence, as thus far introduced. are of no fmportance, save as they may hereaiter be connected with something else, Whi Co counsel jor the Cr Promises will be the case. At the conclusion 0: the evidence Mr. W. C. Trail, counsel for Justice McQuade, arose and enetresae, the Commissioners the bank account of Mr. Which his counsel had declined to produce a the session previous, with all te vouchers. It was ar- ranged, alter some littie discussion, that the ac. counts should be gone over by Mx. Ketchell apa McqQuade’s counsel in company. The Commission then adjourned to meet at two O'Clock this alternu ole