The New York Herald Newspaper, October 24, 1872, Page 4

4 COURTS aneeicerenente THE a General Field Day ia the Court of Oyer and Terminer Yesierday and Important Business in the Other Courts. EDWARD 8. ©T0KES’ AFFIDAVIT. Wieser Argument of His Counsel Urging a Speedy Trial. Probability of the Venue Being Moved to Another County. TOM C. FIELDS MISSING. The Absconding Thomas Called ia Court, but He Fails to Appear. Motion to Estreat His Bail Bonds—A Stay of | Proceedings Granted for Thirty Days. MAYOR HALL’S SECOND TRIAL. The Mayor Appears in Court and Demands a Trial—His Address to the Court. A Jury Sworn and the Proceeded With. Trial EX-BOSS TWEED IN COURT Big Six and His Six Big Indictments--- He Gives Bail on Two of Them. —__+—__- JUDGE BRADY'S. OPINION. DAVENPORT’S ARBITRARY ARRESTS. Very rarely does such a combination, or rather rapid succession, of exciting spectacles present itself in the Court of Oyer and Terminer as did yesterday m®rning. The immense crowd that early filled the court room showed that there was something unusual in the wimd—an assurance made doubly sure by the assemblage of nearly all the legal celebrities of the city inside the bar. The plain fact is, people nowadays read the news- papers. It was known that the days of grace al- lowed Tom C, Fields to appear for trial expired yesterday. Of course there was anxiety to know whether he would put in an appearance, as well as to see how he looked after his incognito travels. {t was known that Boss Tweed was among the announcements on the bill, and the desire to see the great master of the “Ring” reigned predominant, as well as a lurk- ing curiosity to get a special glimpse of a man whom ail the Sherif’s men have lately been as un- | able to find as were the king's men to set up Humpty Dumpty again. These cases were enough to draw A LARGE CRowD any time. Two cases came up that were unex- pected—those of Stokes and Mayor Hall—but these additions to the programme were only the more enjoyed for this reason. Judge Brady, who is usu- ally pretty prompt, arrived a little late. He took his seat on the bench with his accustomed quiet | unconcern, and, in neither his looks nor demeanor gave token of anything unusual likely to come be- fore him. He holds the scales of justice with an sven hand, men, place, power weighing nothing | with him, justitia fat being his only rule. As he told the crier to open the Court, the room, in which | ® busy hum of conversation had prevailed, became suddenly hushed. The eyes of the crowd looked | how eagerly in this direction and the lawyers gragped their bundles of papers to be ready for business, The first case called was that of EDWARD 8. STOKES, ! and at once the curious throng looked eagerly in | every direction to see if he was in the court room, | & look only rewarded with disappoint- | ment. It took but a short time to dnish up the Stokes case, it being only san application for his speedy trial. Next the name of Thomas C. Fields was called out. It was a long and a loud call by the Clerk of the Court; but Mr. Fields was non est, ‘This was another disappointment except to his lawyer, who had the opportunity to make a besecchingly pa- thetic speech in his behalf, and did so, the entire of which and results of which will be found below. More than compensating for the above droll disap- pointments was secing ‘“Boss’’ eed walk into | the court room. He looked, as Dan Bryant says | in one of his stories, “‘as well and hearty as he ever did in his life, and smiled and nodded to his friends as in the olden time, when at the zenith | of his power.” His case occupied the attention of the Court but a short time. A good deal of the time he was chatting with Sheriff Brennan, who sat directly behind him and seemed to pay but little notice to the remarks of his chief counsel, his forensic tirade designed to be tremendously telling against all and every one arrayed against his client, the newspapers in- | cluded, As the “Koss” left the Court @ large | crowd followed. There was still a pretty full at- tendance left to witness the prejimimaries and opening of the TRIAL OF MAYOR HALL. Many times before has Mayor Hall addressed the | presiding judge at this Court of Oyer and Terminer, and certainly he never spoke with more coolness and self-possession than yesterday. Directly after the close he went over and reviewed the Filth regiment of militia, and evinced there the same gayety and unconcern—that gayety that qlone can emanate from consciousness of innocence of the grave charges preferred against him. STOKES AGAIN. Application Made in the Court of Oyer and Terminer for His Speedy Trial—It is Possible that the Trial will Com- mence Next Month. ‘There was another revival of the fisk-Stokes report as goon es he can confer with bis ansoci- ates, meaning the cownasel directly retained. De- ponent further that imprisonment has already greatly red his health, and that he ts informed that he is the only person who has been confined for such a lone porod of time in said Pron whose case haa aot been determined by the Sepenens further gays that he has been incar- cerated now nearly ten months, and for the greater portion of that period he has been in almost alose confinement, not allowed any exer- oise in the open air to maintain his ordinary health, aud this deponent now asks that he may have a trial forthwith. Sworn, &c., EDWARD S, STUKES, HIS COUNSEL ONGE WIS TRIAL. After the reading of the above affidavit Mr. Daly asked that the Judge should name a time for the trial to commence. He urged as ground for a speedy trial, in addition to the impaired health of Mr. Stokes, that it would soon be dificult to get the witnesses they wanted, Some had already left and they had been obliged to take their testimony de bene esse, and if the trial did not take place be- fore December_many would be beyond their reach altogether. THE DISTRICT ATTORNEY'S EXPLANATION, District Attorney Garvin referred to the time that had already veen occupied in the trial of Stokes, In the first place, from twelve to fifteen days were consumed in the trial of the ASP and then from twenty to thirty days in the t itself, They were now in the midst of an exciting election, and it was almost impossible to onttin yaaiee for the ordinary xequirements of the Cor 48 to getting a jury for Stokes, that he decmed almost impossible, The story had become A THRICK-TOLD TALR: first, in the published accounts of the murder; second, in the trigl of the jury, and third, in the trial of Stokes. He aid not believe it would be possible to get a jury here. They could not om their side take testimony by commission, as this was un- constitutional, and it might be necessary to have the triai in another county. He did not see how His Honor could make any order in the case, COUNSEL TO THE RRSGUE, Mr. Townsend hoped that the Court would take no heed of the intimations of a probable in venue. They were ready tor trial here and anxious that it should take place as soon as possible. Mr. Tremain, bis associate counsel, had said that he wouid be here by the second week in November, ready to go on with the trial. He hoped His Honor would continue the present term into next month and name a time for the trial. JUDGE BRADY ON THE MATTER. Judge Brady said that he thought that the ends of justice clearly demanded that Stokes should have ‘as speedy & trial as possible. He had been ar- raigned for the General ‘Term in December, and he didnot know whether it would be possible for him to preside at the trial, as it doubtless would be a lengthy one. However, he would give considera- tion to all the facts, and make some order ta the case. TOM C, FIELDS’ CASE. ag The Honorable Ex-Assemblyman a Fugi- tive from Justice. ‘The next case cailed was that of the People vs. Thomas C. Fields, District Attorney Garvin rose and asked if Thomas G, Fields was in Court. Mr. Beach said that he ha@ not been able to ob- tain any communication with Mr. Fields, and was, therefore, not prepared to enter upon the case then, The proceedings that had been taken with regard to the trial had been on the explicit understanding that the trial would not be called on so speedily, and when it was well understood that Mr. Fields was not either in the city or State. ‘The business before the Court, he presumed, would prevent a speedy trial of Mr. Fields, even if he were present, nm the interest of those gentlemen who were Mr. Fields’ bail he would make a very strong appeal to the Court. They were no parties to the non-production of Mr. Fields, and they desired to be protected from the consequences as far as pope of his having left the State. An afMavit ad been made by himself (Mr. Beach), in which he had stated very truly and very earnestly that he had communicated to Mr. Fields that the trial would be moved for this term. Mr. Fields would undoubtedly return, and he submitted that it would be somewhat harsh if the bail should be estreated. What they had done was not for their benefit, and 20 good could resuit from it. They had been brought to this difiiculty by the sudden flight of their principal, and they had no oppor- tunity to remedy it alter that fact had been brought to their notice. Under these circumstances he hoped that the forfeiture of the bail would not be pressed. The District Attorney said that he would by the permission of the Court take THE FORFEITURE OF THE BOND without enforcing the judgment, and let it stand a reasonable time. If they could not produce their principal the bonds would be enforced. He would suggest that it should stand 60 for thirty days. The Court made an order in accordance with the suggestion of the District Attorney. ‘The clerk, Mr. Sparks, called upon Mr. Fields tosurrender. He failed to appear, and his sureties, Mr. William I. Florence and Mr. Michael T. Greig, were aliowed a stay of thirty days on the bonds, SECOND TRIAL OF MAYOR HALL. ——_>+—__— The excitement in the Court room reached its climax when Mayor Hall suddenly appeared during the heat of the forensic debate in the other pro- ceedings, and, passing through the crowd that blocked up the passageway, took his stand im- mediately opposite the Bencn. He at once plunged media res into business, Mayor Hall, addressing the Court, said he had re- ceived a very courteous note from the District At- torney requiring his attendance here this morning, to renew bail, on @ charge with which the people are so familiar. Those charges were made in the Court of General Sessions, upon which bail was given, and the trial OR MIS-TRIAL was remitted to this Court. He waited some days for the action of this Court for it to be made a matter of record by the issuing of an order, and, failing to receive any intimation of such an order, he had sent his con- sent to the District Attorney that the cases should be remitted back to, this Court. He was now in- formed that the indictment covers these matters, and he believed, from what he heard, it dealt with the doings of the Board of Audit, with which, by some inscrutable reason of Providence, he became unhappily connected. He was there to renew the bail. He was THE THIRD MAYOR OF THE CITY OF NEW YORK who had been unfortunate enough to come within the embraces of the District Attorney. ot District Attorney Whiting, who prosecuted Mayor Morris for neglecting to audit the claim of the Board of Supervisors for the salary of a judge; also the case of Mayor Wood, who was presented for neglect in connection with a lease— a prosecution that was under the direction of Mr. Joseph Blunt. The Court in these cases accepted Ube personal recognizances of these gentlemen. It was not for him to suggest in the present excited state of the public mind, on politics and on almost every other subject, whether such a precedent should be followed by his learned friends on the other side. He was not exactly a believer in the Jeremy Bentham proposition that tbe pressure of a moral kind upon a public officer was just as de- structive to liberty as pressure of an immoral kind. He threw out these suggestions; he was there to obey the behests of the Court, then and at all times, District Attorney Garvin—There is a new indict- ment against the accused that [ would like to have him plead to now. Mr. Sparks, the Clerk, then held up to the view of the Mayor a volume nearly as thick and as large aga “Webster unabridged." The Mayor—Do you propose to read that book now? I presume that will require some time; and I suppose I am not before the Court until the ques- tion of bail has been passed upon, District Attorney—I don’t want any bail on the old indictments, ‘The Mayor, after glancing over the volume, said that he thought the indictments therein covered the others. District Attorney Garvin—There is no such thing as quashing an indictment without a motion. ‘This indictment may be a substitute, or it may or may hot cover facts in conuection with other in- dictments; but I should like the accused to plead. If he requires time we have no objection to grant it, He 4s entitled to it as much as any other person. The Mayor—Then if that be the rule the District tragedy through an application yesterday morning | artorney would fix the bail at $5,000, in the Court of Oyer and Terminer—Judge Brady on the bench—to bring Edward 8, Stokes, the alleged murderer of James Fisk, Jr., to speedy trial, Mr. Daly, one of Stokes’ counsel, prefaced the applica- tion by submitting the following aMdavit:— , AFFIDAVIT OF STOKES. City and County of New York:—Edward 8. Stokes, being duly sworn, deposes and is the deiendant in the above matter; that on the 7th day of January A. D., 1872, he was arrested for the shootigg of one Jam dr., and on the next day Ws incarcerated y he has ever since remained; that on the 19th da} of dune last the trial of defendant for the ho of said James Fisk, Jr., was commenced, and, after @ lengthy trial of twent; disagreement of the jury, and this deponent was el to the Tombs, where he has since mained ready and anxious for a second trial. De- ponent further says that since his trial he has be- vome possessed Of much valuable evidence tending | please. to prove his innocence of any crime, and is anxious shat his trial should at once proceed at the resent term of the Oyer and Terminer, fi ‘aaongn frequen ds have been made on District A’ paar to By ey, day, the uly respouse that can be obtaine ‘that he will This was accordingly done by agreement, and the Mayor said he had’ seen suficient of the large volume to enable him to say that he was ready for trialand he would plead not guilty to the indict- ment. Although the indictment looked voiumi- nous it was substantially the same thing that was tried before, and he was perfectly familiar with it. There was on that trial an inquiry as to seventy or eighty claims before the Board of Audit, and the that he | question was whether they covld be charged in one count. There were four separate counts now on each claim. The first was the same as the former; the second was that he knew the claim to in the City Prison, where | be false and fraudulent, and the third and fourth were that he perverted and abused the office of Mayor in doing so. He was, therefore, substan- tially acquainted with what the indictment really 'y days, it terminated in the | Wade READY FOR TRIAL, Jadge Brady asked Mayor Hall if he would take a day to look over the indictment. Mr. Hali—I am ready to proceed now, if the Court ‘Mr. Sparks then called the first name of the jury. Mr. Hall said that he would take the FIRST TWELYE MEN 1X THE vox, reserving to himself oGly thé usual peremptory challenges. Twelve answered to their names. Mr, Hall chal- In the case | popping around with all commendable official zeal, | During the proceedings in the Hall case Sheri L. Griswold and Alexander Ma- age. Counor mn was “excused” by the Dis ict Attorney. Styles A. Stanton was cxcused, James A. Connor was challenged ea the (oie Ln Allred A. Baker was excused, Mr, Hall stating at the genticman was an old and attached frien of his, and it was not proper for him to sit ase James Boyd, challenged by the prosecution. w. Benedict and William A. Oamp set aside for opinions formed, The foliowing were sworn: — THB JURY. Charles J. Brill, clerk, 244 Bast Broadway. Edward B. Holborow, plumber, 586 Ninth avenue. John H. Odell, organs, 242 West Forty-cighti Street Jobn Taylor, soda, 139 Franklin street. Jacob J. Rover, agent, 315 Broadway. John H. Lyon, coal, 354 Third avenue. Morris A. Myers, shoes, 205 Sixth avenue. Frederick Faubel, Jr., merchant, 75 Pearl street. Henry E. ayes, drags, 12 Gold street. Sigmund Wershing, agent, 226 Sixth avenne. Franklin Goodwin, house mover, 232 East Nuse- teenth street. John B. Baker, produce, 66 Dey atreet. ADJOURNMENT ASKED FOR. Mr. Peckham said that they haa empanetied 4 jury 80 rept that he fett bound to ask lor aa ad- journment to next morning. The papera in the were scattered, the witnesses were not present alld it would be much better, if the Vourt pleased, tor the case to be adjourned then, #0 a8 to give the afternoon for TARDE Saran ements for the triat. Mr. Hall said that he had been suitoring under THESE CRUEL IMPUTATIONS 80 LONG that when he saw a jury in the box he hatled it aa quite prepared to go on, ‘There had not been & quite prey on, ere second of time that fe had not been ready to meet his accusers. While he might have an opinion with regard to the negligence that.was: reierred to in that indictment, be had a clear opinion as to the of that Benligon le had asked to read book; but he did not trial, The gentlemen on the other ample time to prepare for thts trial. He stood there too in his oMciat capacity. He waaa memh- ber of the Police Board. presence was needed at the earliest possible moment in a great number of cases of the supervising of the inspectors of Elections and all the machinery for bets 4 charge thereof, He was also a member of the Board of Apportionment, and hisattendance was requisite, besides @ great number of official engagements which would begin next week. He therefore hoped the case would be opened at once So that he might learn the facts on which he was charged, and thus have the benefit of one night for cross-ex- amination, That was fair and he asked that, The Court ruled that the case must be opened. THE CHARGES AGAINST THE ACCUARD. Mr. Peckham then began jus opening. The in- dictment, huge as it was, might, on account of ita repetitions, be briefly stated. In 1870 a law was passed providing that all previous claims against the city should be audited by a Board of Audit, composed of the Mayor, the Comptroller and the then Commissioner of Public Works, Mr, Tweed. ‘This act provided that revenue bonds should be issued to pay the claims so audited, and the Comp- trolier should pay them, The three gentlemen named as such Board met under the act, and | met once. ‘There was then, according to one of the counts, a ciaim against the county, and was presented to this Board, In the count the claim) was $30,017 55. It was such f® claim as this Board was bound to andit. When these three gentlemen met together they passed a resolution offered by the Mayor now on trial that the County Auditor collect from the Supervisors and their committees all bills against the county, and that the certificate of the President or clerk be evidence of the correctness of the bill, ‘They thus cast the duties imposed on them on the County Auditor, and expressed their determination to attach their certificates to such claims withont examining them on the faith of the certificates | of this clerk. Claims w nted to the amount of $6,000,000 and they nged from thousands to hundreds of is one case, 80 far as they could ascertain, wa gle particle ofevidence as to the justice of these } claims given. The question was whether these | gentlemen wilfully neglected this duty or not. The indictment included all the claims pre- sented by Keyser & Co., and also all the claims vi ented. by Garvey, and some claims pre- ed by Ingersoll and Miller. Some of the Keyser claims had been presented to a previous: Board of Audit. He was notitied by the underlings of the Board to make out his bills, He went there with his bills, and tuere in conclave they raised his { bills thirty-three per cent. The old bills to the | old Board of Audit were extravagant bills, Seve- ral of these bills were assembled, so that practi- cally as claims they were created by the very men who were to pass them as auditors. A bill, for in- stance, of $30,000 was raised to $40,000 by Mr. Woodward and by Mr. Tweed, and was made a complete claim, Across the bill so raised Mr. Woodward wrote a certificate that it was correct, and to that Mr, Tw attached his signature. Mr. Woodward then attached to it a blank certificate of audit that the Board of Audit had audited the bill, and this was sent round to the members of the Board for their signatures, So far as Mr. Tweed was concerned, this was a direct pal- pable fraud. So far as Mr. Hall was con- cerned, they should know that he must have known from the amounts that it was physically impossible work to that extent could have been done. For instance, Garvey’s plastering bills were for over a million for the County Court House, He (Garvey) did not trouble liimse!f avout the particular amount he received. He gen®rally had some basis for his bills, but trebled the genuine claim, Of the $300,000 which he expected to get through this Board $50,000 was for money sent to Mr, ‘i'weed for election purposes, so that of his bills not sixty-six per cent, but something near seventy- five per cent, was fraudulent. The claim thus au- dited had a warrant attached to ft, and this war- rant was nominally handed to the party in whose favor it was drawn, but in reality only the part really claimed was paid to the claimant, The balance was retained by Woodward and the others and handed over to Mr. Tweed. [i they should come to the conclusion that the accused had done his duty, but had been deceived, of course they must acquit him; but if they found that he had closed his eyes, or with his eyes open had wilfully done this, then they must find him guilty. Mr. Hall asked the counsel to furnish him with the statutes on which they relied. He also asked that the Court would request the jury not to read any newspaper comments on the case. Indiscreet friends and enemies during the last trial had | Peansporting #ireworks & made it a subject of comment, and he asked thet ee Court would speak earnestly to the jury on the subject. District Attorney Garvin said that he also de- sired that the Court would charge them not to permit persons to talk in their presence about the case, The Court charged the jury very impressively that they were to consider this case only on the law and the evidence. ‘The case was then adjourned until to-day at | eleven A. M. BOSS TWEED IN COURT. He Gives Ball on Two [ndictments in $5,000 Each. To add to the unusual interest of judicial pro- ceedings yesterday in Oyer and Terminer the long- absent Boss, for whom Sherif Brennan has been in the hope of nabbing him, turned up yesterday, Brennan, Deputy Clerk, of Arrests Jarvis and a number of deputy sheriffs entered with Mr. Tweed, who took @ seat immediately behind his counsel. ‘The leading counsel of Mr. Tweed applied to the Court that the names of all the witnesses be placed at the back of the indictments, and urged that this requirement was in accordance with the common law and quo the Third Revised Statutes, ofth edition, Howe ction 65. The District, Attorney sald that it had not been the practice for forty years in this State to place the names of the witnesses at the back of the indict- ments. He would give Mr. Tweed’s counsel the memoranda of the Grand Jury, giving the list of witnesses sworn before them.- Judge Brady said there was no doubt that it was a requirement of the common law, but it had not been the practice inthis State. All the ends de- sired would be gained by the list of witnesses being given as proposed by the District Attorney. ‘The Court so ordgred, and the memoranda was handed over,to Mr. David rey Field. Mr. Tweed and his party then left for the District Attorney’s Office and shortly afterwards he re- turned into Court with his two bondsmen, who gave bonds of $5,000each, The sureties were Mr. Alfred B, Sands, 136 East Twenty-sixth street, and Mr. Edward Kenney, 97 Lexington avenue, DKCISION AS TO TWEBD'S INDICTMENTS, Judge Brady announced that be had considered the arguments addressed to him in reference to the indictments in the Tweed case and he had ar- rived at the conclusion that the indictments were for different offences. He deemed it unnecessary to state his reasons for that opinion because he might present other arguments with reference to the validity of an indictment. He had given the matter a full and complete consideration and had decided that the indictments were for diferent olfences. ARBITRARY ARRESTS. Davenport's Doings—He and His Depu- ties at Their Work Again—The Herald Informing the People of Their Rights. Another of those cases which have brought the name of Commissioner Davenport so prominently before the public came up yesterday in the United States Court, Davenport appears to have dom mitted himself to a bitter political partisandtp, while he is at the same time acting in the capacity of @ magistrate who may be called upon at any moment to decide upon the. liberty of American citizens, . 7 ANOTHER DOMICILIARY VISIT AND WHAT CAME OF TT. John Heenan, a special election deputy marshal, went to the house of Charles Hussey, corner of¢ Madison and Oliver streets, and began to interro- ate Mr. Hussey in the usual ofensive way of avenport’s deputies. He asked himin two his “ne and name and his registration as @ voter. Mr. Hussey replied that he had read ia the HawaL> NEW YORK HERALD, THURSDAY, ‘OCTOBER 24, 1872—TRIPLE SHEET. of that morning an articie to the election law was unconstitutional, and that those bad no right wo be those questions, and termined not to answel i obtained a warrant for the arrest of Mr. ‘The latter was heid to eee appear for examination, He gave the req bail. SHE HBNRICUS OAS. With reference to the case of Mr. Henrichs, which has been 80 thorougifly ventilated, it La thas after Hearichs had been committed prison by Davenport, witaont affording him a chance of pro- curing a second bondsman required, alths the first one offered had shown that he was worth at least fifty times the amount of bail demand ex-Senator Creamer and Mr. Smith Ely call upon Davenport at hts ‘court’ in the Fitth Avenue Hotel, and stated their readiness to go batl for Mr. Henrichs, but the mi Davenport was inexorable. He re! to bail of these pentemen, stating that he had not de- cided upon the sufliciency or tnsufficiency of the rst bail tendered Mr. Regieman, There is a generat impression abroad that the in- terference of those deputy marshals, who are un- der Davenport's thumb, and who are about and asking all sorts of impertinent and irritating questions of voters at their houses, is for the pur- pose of entrapping them ito gome statements upon which they hone to found objections on the polling day. The parties visited in thia manner are all supporters of the enti-administration party in thus election, a as GHITED STATES COMMISS:ONEAS’ COURT. Passonger Vouels—Impertant to Shippers. Refore Commissioner Betts. The Uaited States va. George Parsons.—The de- fendant, who carries on business at No, 12 Park place, in this city, was charged with having, on the 2d of October, attempted to ship nine cascs, con- taining fireworks, sky rockets, torpedoes and Roman candies, for Selma, Ala, on board the steamer Charleston, without having the contents of the boxes branded or marked on the outside. Mr. De Kay appeared for the prosecution, and William C. Barrett waa counsel for the aefendant. BVIDENCE FOR THR GOVERNMENT, Kdward Martling called as a witness for the gov- ernment and sworn—He says, I am a receiving clerk for the Charleston Steamship Company at pier 29, foot of Warren street; the Ist of October, or thereabouts, received certain cases from C. 8. Quimby; [examined the last lot he shipped; I called a cooper to open the cases; that was on the 2d of October; there were nine cases in the last lot he shipped; the cases were wooden boxes; they contained torpedoes, skyrockets, Roman can- dies; the cases were marked A. J. Skinner, Selma, Aiavama; they had no other marks on them to designate the contents; the receipt which I gave the cartman for the boxes stated that they were fancy goods; do not know uitaby; £ should not think he was driving the truck; all { know about receiving them from U, 5. Quimby ia receiving them in that way; we did not receive a duplicate; | signed the re ceipt; 1 do not know who the carman was; the re- ceipt read, “From C, 8, Quimby ;” the carman who brougut them is not present; | do not know from whom tue cases came ; those cases were brought to me for shipment; they were not placed on board, wuse I suspected t ere fireworks, bec: when he shipped a lot before one of the cases was « I have at other he same person, C, 5S, t when it was; those were shipped a8 fancy goods on the steamer un, @ passeager steamer; this appears on cceipt. Stephen Tallman, sworn and examined for the prosecution:—Lam shipping clerk ‘or George Par- sons, doing business at 12 Park place; Mr. Parsons deals in fancy goods, toys und treworks; I know of his shipping the articies on the Charleston, on the second day of Uctober; I superintended the shipment of those articies; | had them packed; Ldo not recollec n those packages were packed; | do not recollect distinctly if the goods were packed on the 2d of October; the packages were marked, “A. J. Skinner, Selma, Ala.;" there were nine cases; there were no other marks on them but what I have stated; L delivered them to our car- man, & 3S Quimby, and made out a receipt to he signed by the receiving clerk at the pier; f have not that receipt with me; { did not give any specific directions to Quimby whien he took those goods; none more than usual; 1 told him, as in ail mutters of fancy goods, to take them to the pier of the Charicston steamer and ship them; I could not positively say that Mr, George Parsons was at his office, No. 12 Park piace, on the first or second day of October; { do not kKoow; he did not at any time give me instructions Oo the shipment of fireworks; I have been six in that office shipping clerk; 1 at any time received from bim or from any officer over me any orders in re- gard to the marking of cases containing reworks which were to be shipped on board a passenger vessel; there is not more than one ship- ping clerk there; there is no one elise who super- intends the shipment of goods of this character; that i8 my department entirely; I should think L have not at any time received instractions from Mr. Parsons to ship ilreworks as fancy goods; the contents of those boxes were lireworks, torpedos and some firecrackers, I guess. ‘This was the case for the prosecution. MOTION TO DISMISS. Mr. Barrett moved to dismiss the complaint on the ground that the defendant knew nothing what- ever of the shipment of the goods in question, and never gave any directions about them or knew that those boxes were ever marked. There was no tes- timony that he ever knew they were shipped or had any more interest in shipping them than the Commissioner himself. Before criininal knowledge could be charged upon the defendant some offence «must be brought home to him, and no guilty Knowicdgewas proved against the defendant. There never wav, and there never would be, such & law as that a principal could be ig bee criminally for the act of- his subordinate. Mr. Barrett in the course of his remarks made allusion to a recent de- cision in a case similar to the one under inquiry, rendered by Commissioner Osborne. Commissioner Betts said that his impression was at present against Mr. Barrett's view of the case, but he would consider it carefully and give his de- cision on the motion to-day. The case was accordingly adjourned. never ef the Super- visors Whose Salaries Have Been Re- duced by the Board of Audit. Before Judge Leonard. Isaac J. Drake vs. The Mayor, &c.--This action was brought to recover from the city compensation for eleven months’ services from September 1, 1871, to August 1, 1872, as clerk of the Fourth District Police Conrt, at the rate of $4,000 per annum. The defence set up on the part of the city was that the action was wrongly brought against the city and that it should have been brought against the Board of Supervisors of the county, the office being @ county office, and also that the action of the Board of Supervisors in 1870, increasing the salary of the defendant from $2,500 to $4,000, was in direct violation of the statutes of 1868 and 1869, forbidding the Board of Supervisors to create any new office, or to increase the salary attached to any office then in existence. ‘The platati(’'s counsel argued that the office was a city Office, for which the city was liable, and that action was properly brought, and that the prohibition in the acts of 1868, 1869 aad 1870 as to Board of Super- visors having been inserted in the tax levy acts of those years was in direct violation of article 3, sec- tion 16, of the constitution, which provides that— “No private or local bill which may be passed by the Legislature shall embrace more than one sub- ect, and that shall be expressed in the title.’ The fury under instructions of the Court, foanda verdict for $1,517 95, with interest, subject to the power of increasing the same by the General Term on ap- peal. Three other cases, based upon a similar state of facts, it was agreed between counsel for plaintify and defendant should abide the action of the Gen- eral Term in this case. Joseph H, Dukes for plaintiff; D. J. Dean for de- fendants. SUPREME COURT—CRAMBERS. Decisions. By Judge I ham. Wolff vs. Farrell.—Motion dented. id vs. Roffa.--Motion granted. Al Greenwood vs. Harriet 0. Greenwood.— Report of referee confrmed, and judgment of divorce granted. By Judge Tracy. Rowe vs. Pride,—Motion denied. ‘Tally vs. Deapecker.—Motion to vacate granted. Kaufman vs. Rogers.—Motion denied. Corbett vs. Haldermanu.—Motion to vacate oraer of arrest denied, ed —4 SUPERIOR COURT—SPECIAL TERM. A Wife Charging Her Husband and 5: ing « Divorce, Before Judge Sedgwick. Bridget Coleman vs, Patrick Coleman.—This is an action for divorce on the ground of alleged cruel treatment. The parties were married in July, 1864, in this city, and lived ther last . She with at cron repeated oc. icles of furni- assaults, gene: the inflaence of liquor, she caused his arrest and he ‘was sent for six montis to Blackwell's Island. The defence was a: general ‘denial. Considerable testimony, & ood deal of it very contradictory, was r which the Jadge took the pa; reserving his decision, rie Decisions. Richard Te: --Motion 2 Beoeok va, Francis Morris. Ohartes 1. Green ve George Davis.—Order § Coart; granted. ; COURT OF GENERAL SESSIONS. The Mariom Street Homicide—Cliford Comvicted of Manslaughter in the Fourth Degree and Sentenced to the State Prison for Two Years. Before Recorder Hackett. The trial of Patrick Cliford, charged with caus- ing the death of Mary Anu Gallagher, was resumed yesterday. Jane Beebe teatified that she was in the house, 148 Heater street, on Sunday night; that the priso- ner and the deceased were there ; in the evening the prisoner said to her that he waa going to get some- body to take her home to her mother; the night before they were sleeping there and she heard & fearful m 4 went to the door and sug- oaning, and gested that ginger tea might relieve her pains; the prisoner gave her the money to purchase the ger. Coroner Herrman testified that he took the ante- oung gi Mott street; on that Saturday even I met Pat- rick Olidord in Elizabeth stress; he vata as to with him, but I refused; he’ then kicked me in abdomen; he also hit me on the arm several times; he also hit me in the eye; 1 had no quarrel with him; the only reason for ene: and Kicking me was because I to go with him house ; I urt fram no one except from rick Clittord ; he lives in Elizabeth street. i spuear (orale witeasans weré exaneited, who fee Saturday night.in question the uecceaned was very aewaky and ti she had told nm she had taken medicine some time oe- Clifford was sworn in his own behalf and dented with wuon ne "waa vite ta lisproper intimacy, ‘a8 living in improper intimacy, pew erst on cae ne bia was mith her in ‘aor. ve her brandy an rmint for cramps in the stomach, af iat : The jury rendered @ verdict of slaughter in the fourth degree, and His Honor im- posed the highest penalty the law allowed, which ‘Was two years in the State Prison. Alleged Outrage—A Queer Verdict, Patrick McNama and Thomas Brennan were tried for committing an outrage upon Mrs, Jennie Franklin, a respectabie-looking colored woman, who testified that as she was passing through Nineteenth street on the 18th of August, between eleven and half-past eleven o’clock at night, the prisoners seized and dragged her into an alley way; that Brennan held his hand over her mouth while McNama outraged her person. They ran away, pata nitrate watchman soon found a policeman and the prisoners were arrested at tnree o'clock in Nineteenth street. ‘The complainant positively identined the men. The prisoners took the s’and and swore that the colored woman was mistaken and that they did not perpetrate the deed charged against them. Witnesses were examined to show that Brennan was at Roach's liquor store, corner of Nineteenth street and Seventh avenue, up to twelve o'clock, and McNama’s friends testified that he was in the apartments of Mr. Dillon from hall-past nine till after twelve o'clock. The testimony was conflict- ing, but the jury endeavored to reconcile it by find- ing Brennan guilty of assault and battery and ac- quitting McNama. Assistant District Attorney Stewart remarked that the verdict was an extraordinary one, and Suggested that judgment should be suspended upon Brennan. The Recorder concurred in the suggestion and discharged him. Larceny of a Watch. David Hartmeyer was tried and convicted of grand larceny, he having on the 2iat of September stolen 9 gold watch worth $50 from Patrick Curran, aresident of Westchester county. The proof of guilt was so convincing and clear that the Re- corder sent the prisoner to the State Prison for ive years. ilty of man- TOMBS POLICE COURT. the Spanish Forger, Again Ar- raigned. The notorious confidence swindler, Emanuel Cortes, alias Antonio Martinez, alias Rafael Y. Juan and a number of other alisses, was arraigned be- fore Judge Hogan, at the Tomba Police Court, yes- terday. Within a few years this man Cortes, who is a Spaniard by birth, and claims to be a sailor by profession, has disposed of at least one thousand drafts, orders and acceptances, varying in amount from fifteen dollars to fifteen hundred dol- lars, and has victimized the community to the extent of at least forty thousand dol- lars, So cleverly has he kept within the letter of the law that only in two cases out of 200 have the authorities been able to secure @ conviction, and in one of these cases, which was also brought before Judge Hogan, he ‘was discharged on a writ of habeas corpus by the Supreme Court. In fact, so confi- dent has Cortes become that he coifcelea § laughs at each fresh complaint brought against him and enjoys it asa huge joke. His appearance yester- day was, as usual, gay, lively and quite rollick- some. He was dressed in a brown velvet coat and claret colored pants. He wore no collar, but his shirt front was immaculate and glittered with ex- pensive jewelry. His dark eyes seemed to sparkle with infinite glee as he saw his victims and their corroborating witnesses come one after another to make their formal affidavit before His Honor Judge Hogan. Among the number were Herman Koehler, brewer in First avenue, between Twenty-ninth and Thirtieth streets, and William Steinway & Co., piano manufacturers, in Four- teenth street. On the 10th of October Cortes went to Mr. Koehler and representing himself as a captain of a vessel lying at the foot of Wall street, he purchased forty- ve barrels of ales, amounting to $639, for which he tendered in payment a check drawn to the order of Rafael Y. Juan on Howes & Macy, bankers, 30 Wall Cortes, street, for $1,500, and signed Pollak & Co. This check Wek alee to be certified by the pay- ing teller of the Chemical National Bank and accepted by Howes & Macy. It was received by Mr. Koehler and his own check for $870 given to Cortes for the balance. The whole thing was proved to be a complete forgery and fraud. On the 19th of this month Cortes visited Steinway & Sons’ place and bought a piano for $615, tendering in payment a check for $830 and receiving a check to order for $215 as balance. With this check he bought a ring at Tiffany & Co.'s, in Broadwiy, for $85, and received the balance in cash. Judge ear held the prisoner for further examination, and it is expected a number of similar complaints will pour in to-day, JEFFERSON MARKET POLICE COURT. Before Justice Cox. Joseph Ballard, who was beaten nearly to death in Casey’s liquor store, corner of Houston and Greene streets, in August last, by James McDonald and Daniel Lacey, and who since that time has been in the Bellevue Hospital yesterday appeared and made complaint against his assailants. McDon- ald and Lacey, who were released on $2,000 bail. as soon as it was ascertained that Ballard’s injuries were not fatal, it it said, have disappeared. BURGLARY. David Martin was arraigned for felontously enter- ing @ grocery store on Ninth avenge, where he was discovered by an officer passing at five o'clock in the morning. He was held to answer. HOW TO KEEP A BOARDING HOUSE. Marcel Laffer, sop as cook at Delmonico’ corner of Fourteenth street and Fifth avenue, was es up charged with stealing a fowl and other eatables from that institution. It was stated that he kept a boarding house in another part of the city, the table of which he was in the habit of sup- plying by eee from his employer. He was committed. YORKVILLE POLICE COURT. — Andy Ryan's Adventures in Search of His D: hter. The business at this Court was light and unim- portant yesterday; but an incident occurred which enlivened the proceedings of the morning session very considerably. After all the calendar had been called there was one prisoner still left in the box; but, strange to say, no one could tell how he had got there. The curiosity of the audience and of the Court was excited. In obedience to an order from the Court the prisoner was brought forth and he was asked his name. He said it was “Andy Ryan, and plase Your Honor.’ “and Andy,” said the Court, “will you tell us how you came to be in the box and whether you are @ prisoner or not?”? “Faith, then, Your Honor, that’s easy enough; but what bothers meseif is why I was put in here at all” (looking around at the box with a shiver). The poor fellow was terribly frightened when he first accor but he soon got calm enough to speak intelligibly on being encouraged by-the magistrate, Justice Coulter, who saw before him a second edition of the biundering Irishmen, “Mickey Free” and “Handy Andy,” and was bot adven' street. Yeate: mo he went to No, 152 East Sixtioth strec dau; Ri) lives out. roe poor Andy after his as soom as he was let go, aad could net be found when wanting. BROOKLYN COURTS. Killing a Wife. Judge Gilbert and Aasociate Justices on the Bench. The Case of Thomas Fitzpatrick, who was indicted on the charge of having beaten and kicked his wife to death at 286 Van Brunt strect in June last, was called for trial yesterday morning. Catlin, the counsel for the defence, ‘abecnt fs. couse. quence of tlineas in his family, but General appeared and asked that the case might be poned, Judge Gilbert said that the trial shoula this week, and notified counsel to be in rendfaess a Lage — — “a the on Magy ‘itzpatri who hac een Out on wi 4 rendered by his bondsman and committed wie SUPREME. COURT—CIRGUT. Suit Against Marshal Harlow. efore Judge Gilbert. Nicholas Doli has sued United States Marshal’ Harlow for $3,000, the value ofa coal yard, fixtures, &e., at Lorimer street and Montrose avenue, Tne property was seized a8 that of George Merkto, a krupt, but.Doll claims that it helonard: to him. Hertow, on the other hand, insisted that Merkie Owned the property. Case on. CITY COUNT—GENEBAL TERM, Decisions. By Ja Thom} and Neilson. F. Dhuy vs.Conrad Gieier.—Order appealed from affirmed, with costs, Ross.—Order appealed Sarah Woods vs. Peter B. rom Be songa ae ters Androws.—Judgment a 5 va. James affirmed, with coats THE BIENVILLE INVESTIGATION. Testimony of Three More Officers of the Burn ip—T Cause of the Fire— The Investigation Closed. The investigation of the loss by fire of the Pacifie mail steamship Bienville was resumed yesterday morning at ten o'clock before Inspectors Beole, Hill and Mershon. JOHN GOFF, THTRD OFFICER of the Ocean Queen, was the first witness exam ined. Witness testified that after the fire had made headway to some extent in the steamship Bienville he was sent by the captain with the rst mate to distribute eleven passengers from the sixth boat among the passengers of the other boats; three were put in the first boat, which was in charge of Mr. Baffey; this boat was left all right; two or three were put in the next; the other boats shoved off, and were pulled after until a sig- nal for return was given by the captain; all ko out of reach thenceforth; no objection was made ited the passengers or officers during the distribution; the fire, witness thought, originated OVER THE BOILER on the boiler deck; he had no reason for thinki! it originated in the forward hold. Witness went into long details, all of which were similar to the testimonies of Captain Mauty and Mr. Haigear, who were examined on Tuesday. Arthur Howland was THE NEXT WITNESS examined. He ieft the ship in the quartermaster’® boat, the same which Mr. Baney had cane ot; there were thirty-one persons in the boat; witness was in it when the first mate came up to put im some more; three were put in; no objections were made by the passengers; all got in the boat safely; the boat witness was in capsized in five or tem minutes afterwards; the boat capsized on account of the alarmed condition of the persons in it; the fire, he believed, originated through the ventilaters on the boiler deck, The remainder of the state- ment of witness corroborated that of Captain Maury. THE STORAGE STEWARD’S STORY. The third witness examined was Robert Becket (colored man), stoves steward of the Bienville. He believed the fre to have originated in the hatch between decks; he left the ship on the fourth boat under the direction of the second engineer; there were eleven men, four women and six children— twenty-one persons in alli—in the boat; there were a dozen loaves of bread in the boat and @ small five gallon keg of water, together with two or three heads of cabbage; one lady had three or four ap- ples; the boat was so crowded that no more per- sons could have been taken in with safety. The remaining part of the testimony was merely, arésumé of what has already transpired. After its conclusion the investigation was pronoun closed, the inspectors considering the number witnesses already examined sufiicient. THE HARLEM COURT HOUSE INVESTIGATION. The Harlem Court House Investigating Commit tee met again yesterday afternoon and held ane other tedious session. Very few new facis were elicited, and the .proceedings generally were almost devoid of interest. Three witnesses were examined. The first, Charles Rogers, was examined in regard to the deliveries of lumber, but his evidence did not hétp the case much. The second witness, J. Palmer, testified that ke had kept time at the Court House, and had at the same time kept time also for the new house of Mr. Harry Genet. Some lumber de- livery receipts were shown him, but he stated tively that everything he had been Cash a at g0 r in regard to the payroll, but no admission was out of him that ike the men haf been di work on Mr. Genet’s house while they were paid out of the Court House appropriations, said, however, that Mr. J. Wesley Palmer never done anything on the Cot House to his knowledge, though he might have done. Witness had bought haraware for the Court House, but ha did not exactly remember whether all he bought had been left at the Court House; thought that one get! had been made to Genet’s house; Mr. ion had paid the men work on Mr. Genet’s house for some time, and a while Mr. Genet’s men had been at the Court House; none of those men were the pay rolls of the Court House, but he not remember their names. Inquiries were also made of the witness as to the deliveries of cement, &c., but the replies were mostly to the effect that he did not exactiy remember. A great discussion occurred between the counsel about @ memorandum which the counsel for the committee showed the witness, but did not wish to put im evidence. The memorandum was ultimately given up. Mr. O’Rourke was the third witness. He said he was foreman for Mr. Scalion during 1870 and 1871; he was not at the same 4ime foreman for Mr. Genet’s house; none of the men on the pay rolls of the Court House worked for Mr. Genet and then three or four men that he di Ree i adjourned until Friday, at two o'clock. Fe tghze THE BATTLE ROW TRAGEDY. The Marder of Officer Donahue and the Escape of Flint. Sergeant Rogers and several officers belonging to the Central squad were up before the Police Commissioners yesterday to explain how it was that James Flint, one of the most important wit- nesses in the case of the murder of Officer Dona- hue, got away. Several officers were examined, but their evidence did not throw any light upom the manner in which Flint made his escape. It could not ascertained at what corner Flint turned off and left the officers to ursne their way to the jail. He was seen to leave the Court House in charge of the office! and when they reached the jail they found he parted company with them. As the sergeant dia not accompany them he waa not held responsible, Officers Powers, Ennis and Elias were, however, held to account, and the Seer oe have their case under considera- lon. EXTENDING THE TRACK, Commission ef Inquiry as to the Amount Due the City by the Second Avenue Rallroad Company for the Use of Astor Place and Worth Street. Yesterday forenoon Messrs. William R. Martin, J.N. Tappan and R. M. Stevens, the Commission- ers appointed to determine tne value to the Second Avenue Railroad Company of the extension of ita tracks through Eighty-sixth street, Astor place and Worth street, reassembled at $2 Nassau street. Judge Slosson represented the company and Mr. Richard O'Gorman the city. It was the intention of the Commissioners to hear farther testimony, but, in consequence of the absence of several witnesses, none was adduced, An informal discussion was begun and lasted about an hour, and then the session adjourned until Monday next, SERIOUS ACCIDENT, At half-past four yesterday afternoon the scat folding on the new building in course of erection at the corner of Twenty-third street and Third ave- nue gave way and precipitated five mon into the excavation Delow. Assistance was rendered the ‘unfortunate men as s00n as possible, and when they, were taken out it was discovered that Charles ‘ Patrick Pudier and Michael Muller were ously a fe other two escaped with Juries. unded mean con) ue Hopptta. baisauainasuts a