The New York Herald Newspaper, October 25, 1872, Page 4

4 THE COURTS. Second Day of the Second Trial adore x of Mayor Hall. The Prosecution Relying on the Charge of Neglect of Duty Only. MR. HALL’S “STAR OF DELIVERANCE.” The New York Central Underground Railway in Court. THE CONTRACTOR SUES THE CORPORATORS A Cold Jury Sent Back Into the Cold. 2 eee THE ARBITRARY ARREST CASE. Commissioner Davenport Snubs Counsel and Sneers at the Press, ann The Fireworks Shipping Case—Motion to Dismiss Denied. BUSINESS IN THE OTHER COURTS. ‘The most important trial instituted and proceeded with under the notoriously known “Ring fraud cases’’ is that in which Mayor Hall is the defend- ant, commenced on Monday last in the Court of Oyer and Terminer, before Judge Brady. The trial ‘was first commenced some six months ago, before Judge Charles P. Daly, and, having progressed for several days, was unexpectedly brought to an in- decisive close by the death of one of the jurors, ‘This was a disappointment to the public generally, but more particularly, perhaps, to the prosecution and to Mayor Hall himself. The public felt that this was the opportunity for Mr. Hall, their own elected Chief Magistrate, to vindicate himself from the damning charge of complicity with the real cul- prits in the frauds upon the city. The prosecution were disappointed because, trom the character of the indictments against the Mayor, they calculated upon a verdict at least of negligence in office; and the greatest disappointment of all was to Mayor Hall himseif, who in very respect for the office he filled, and for his own private character, desired a ‘Verdict at any cost. ‘As the tatter remarked in his address to the Court on Monday last, “I have been suffering under these CRUEL IMPUTATIONS SO LONG that when I see a jury in the box I shall hail it as the star of my deliverance.” The case opened on Monday was resumed yes- terday. The testimony was altogether of a docu- mentary character and very dry in all its details. As will be seen from the sudjoined report, Mr. Hall himself cross-examined the witnesses for the pros- ecution. In the Supreme Court yesterday the corporators of the New York Central Underground Railroad | were brought into Court by the contractor on a suit to enforce fulfilment of contract. It would appear that the contractor is anxious to continue the work; but the corporators are themselves brought to a standstill until they have secured the right of way. Case still on. A jury having retired to deliberate upon their verdict yesterday in the Supreme Court, after a short absence came Into Court and appiled to Judge Barbour to be assigned to a warmer room. The application was denied, on the ground that a previous jury had brought in @ prompt verdict ander pressure of the temperature of the same room. The jury shivered and retired again. ‘The Henrich arbitrary arrest case was continued yesterday before Commissioner Davenport. The proceedings were interesting, andthe rulings of the Commissioner arbitrary, as usual. Mr. ‘The.’? Allen was for a time closeted with thes Honorable United States Commissioner and Chief thspector of Elections, In the fireworks shipping case, before Commis- sioner Betts, the motion to dismiss on the ground of no guilty knowledge of the character of the goods shipped was dented. The case is still on. In the Marine Court a woman suing for damages for injuries received by being knocked down by a wagon, the driver of which was alleged to be driv- ing furiously at the time was nonsuited, the bi: it appearing, attaching to the woman herself. TRIAL OF MAYOR HALL. The second trial of Mayor Hall was resumed yes- terday morning. ; SECOND DAY OF THE TRIAL. Counsel on both sides were strengthened by the addition of another member each. Mr. Lyman Tremain was associated withthe District Attorney and Mr. W. H, Peckham for the people, and Mr. Stoughton taking sides wjth the Mayor. There was a large attendance of the public throughout the | day; and the presence of Andrew J. Garvey, of | plastering fame, with his brother John, caused a little excitement, He will probably be a witness for the people to-day. Only ¢wo witnesses were examined, Mr. Deputy Comptroller Storrs and Mr. Lyons, the successor to County Auditor Watson. There was little that was new in their evidence; it was mainly a repetition of that which both had given at the former trial. There were objections made by the Mayor, who conducted the case entirely. His cross-examina- tion was mainly directed’ to show that his signa. | ture was attached to the vouchers in question min- isterially, and that it was the ordinary routine of | business in the Department of Finance to regard the signature of the County Auditor and that of the Comptrolier as carrying with them an efficient and honest audit. The proceedings yest erday were opened by the prosecution calling RICHARD 8. STORRS, Deputy Collector, who testitled that A. Oakey Hall was Mayor iu 1870; the papers signed by him and the other members of the Board of Audit authorizing the payment of claims incurred prior to April, 1870, was in « witness ribed the ap: vouche nd said he py those which w sequently stolen Sept the stolen vouchers represented the bi y, Miller and others; I found some rs a nts; there are also account books; in Ausust, 1871, T had @ conversation with Mr. Hall'to look for papers; the Mayor asked that papers should be loc Tor; I made a search ; 1 don't know of any other papers the’ Comptroller's’ office in reference to the action of this Board; the papers and youehers to which I. refer were kept in the County Bureau—in mets underneath & desk, (The witness here described the position of the Comptroller's room, and that also of the County Auditor's room.) The County Auditor's room was broken into on the Iith of September, there were tpation of tm the Gomptrotier's office: at TIONG WITH THR MAYOR. Q@ You have been asked by the prosecution as to the conversation you had with the Mayor; will you state what occurred at thattime? A. I could not state all the conversation that occurred; it was in reference to the examination of the apers ae at bord aa! acest ou ject any that was said by rhay cr ad Heoti did th . ps I can. rei our recollection; did the Mayer state that he had called to examine these papers? A. 1 don't recollect that any such thing occurred ; an ¢x- amination was made of a certificate, and across the face ot it there appeared to be qn irregularity. Q. Did you find any certificates. of audit that did not ave on the face of them the signature of the Mayor? A. hy I think there were several. Q. That is to say, on that certificate there was a blank Against the name of the Mayor t d dit pe Court—That is, a certificate from the Board of Au- ). We ‘ou present when the warrants were also ex- Mayor relative to the vouchers which 3, vm ed? A. Idon't recollect that; [ was not present tho warrants were examined, I belie Q. You were not present at any conversation at the time when the signature of the Mayor was said not to be his signature ? A. [ was uot preaent then. AAING WARRANTS. Q. The warrants were not there when the vouchers were examined tA. No, sir. The witness here described atiength the mode in which the vouchers and warrants were made out and the rou- tine observed by the Department of Finance. Q. What was the first you saw of the vouchers of which you made an examinati dwhich subsequent dis appeared? A. { saw. the’ papers passine through the hands of the oMcers, but not suMciently to remember anything about them. INQUINIMS BY THK MAYOR. Q. Do you remember any inquiry by the Mayor, made at the same time, as to those said vouchers audited by the Mayor? A. Yes, sir. . Was there any search made at that time? A. Yes. . They were not found? A, No, sir. . Whit did the missing city vouchers relate to? A. Thoy related to thi y Q. They had been audited under a special statute b; the Cedi alone as the head of the City Depa men! ~ You sir. By ane penne of certain Iswa was there, in the mn of 1870, a large increase of business in the Finance rtment almost unprecedented? A. Yea, sir. HEAVY AMOUNTS 4 COMMON RVENT. . Was a voucher for thi forty or fifty thousand dollars at that time an unusual amount? A. No, sir. Q. Have you any versonal knowledge of the inode of examination of the claims of the present Board of Audit? r. Tremain objected. and the Court decided, atter a speech from the Mayor, that as the proceedings of the present Board of Audit’ were subsequent to the present proceed! he evidence was not allowable, RE-DIRKCT BY MR, PECKHAM, Q. With regard to the matter of business accumulating, in’ the year 1370, will you look at that book (Record of ‘¥) at the year 1870, and turn to the account of ear 1870? A. From the Sth of May, ad to August 12, 1871, there are five a. mounts footed? A, In 1870, $6,134,- SAL 67; in A971, $101,926 21. Q. What is'the number of warrants theret A. One hundred and ninety in 1470; five in 1s7L. ADSUSTED CLAUMS, Q. Those city warrants referred to were called ad- Justed claims, by which the Comptroller was authorized to settle then? . Yes. @, At the time of tis conversation was there a Com. mittee of Investigation sitting? A. Yes, the committee asked for the papers. ‘ That was before the conversation? A. Yes. They had asked for them betore they were stolen? r three weeks before. WKN THK VOUCHKRS WKIE STOLEN, Q. The very Monday they were to be given to the com- mittee they were stolen? A. They were stolen either on u r the Monday morning that they were to be ommittee. don’t know of any meeting of these Commis- xamine the paperst A. No, sit. Mr. Storrs here gave Mayor Hall on the vouchers, which he said appeared to impression is that it was, Further evidence was here given as to the signatures on other vouchers, all of which Mr. Storrs said he belleved to be genuine. HERS SAVED. chers {o be preserved when hese were taken away to be Possession of @ clerk atthe ‘ot the robbery. ‘The Court at one o'clock took a recess for thirty minutes. After Recess Mr. Storr's re-direct examination by Mr. Peck- ham was continued, and the following warrants, the genuineness of the sigmature of which was un- contested, were put in evidence :—Warrant 2,786, $49,174 02, in favor of J. McB, Davison & Co.; warrant 2,305, $125,830 56, ©. B. Bollar & Oo; warrant 3,283, $29,129 99, Ingersoll & Co. There were also put in evidence thirty-four warrants payable to the order of A, J. Garvey & Co.; one o1 these (3,789) the signature of the Mayor was doubted by him as to its genuineness. Mr. Storrs said he was of an opinion that the signature was genuine. THE LATE COUNTY AUDITOR'S EVIDENCE. Mr. Stephen Lynes, the lormer County Auditor, Said he did busivess at 84 White street; he was County Auditor irom May, 1871, to September, 1871; prior to that time he had been employed for’ four- teen years in the Comptroller's Oflice as county bookkeeper; he never Knew of any meeting of the Board as to these vouchers; Mr. Lynes gave evi- dence as to the signature, and he said that his im- pression was that it was genuine, CROSS-EXAMINED BY THE MAYOR. Q. Was there anything in the surrounding of these warrants audited by Mr. Watson that, on tue glance you gave them, led you to believe that you were carrying out a iraudy A, No; | did not think I was carrying out a traud. Q. Have you any recollection of the manner tn which these batches of papers came back from the Mayor's ottice? A. They generally came back in bundies; sometimes city and county warrants to- gether; the signatures of the Comptroller and the Chairman of the Board of Supervisors would be ba them before they were sent to the Mayor's oifice. In reply to further questions the witness said the number 3,789 on & warrant issued in August, 1870, showed that 3,789 warrants had been issued that year irom the County Bureau; when he saw the signature of Mr. Tweed on the certificate it showed him that the bill was approved by the Chairman of the Board of supervisors; there were about 160 different headings in the county book, of which “County Liabilities” is one; and every entry under each heading refers to some warrant signed by the Mayor. All the multi- farious business of the Finance Department, Whether the bills were large or small, was trans- acted by the medium of warrants signed by the Mayor; and the same routine was gone through with city items, and all these bills, inciuding sala- ries, had the County Auditor's signature before coming to the Mayor; some of the vouchers are now in Court; they were preserved from spolia- tion by being in the hands of a copying clerk named O'Connell, at the time the others were re- oved, The Court then adjourned. i \ va WZ ARBITRARY ARRESTS CASE. Davenport's Extraordinary Proceedings United States Commissioner=The Case of Mr. Henrichs Under Examina- tion—Novel Scenes in Court—Hard Hits Between the Lawyers and Davenport. / Yesterday the cause of the United States vs. Charles A. Henrichs, who is charged with resisting Charles J, Stahl, an election deputy marshal, in the discharge of his duty, came up for hearing in the United States Court, before Commissioner Daven- port. The Commissioner's little room was crowded to suffocation by persons anxious to hear the pro- ceedings, which, as will be seen by the subjoined report, have proved to be of universal interest. The question at issue involves the right of every citizen to freedom from arbitrary arrest. One point of peculiar interest to the public in this case is presented in the fact that the principal witness for the prosecution was closeted for nearly an hour with Mr. Davenport before the commencement of the examination. OPENING OF THE CASE. # The Commissioner, after coming out of his pri- vate, room. intimated that he was not ready to go on with the case, because the book showing Mr. Henrichs’ registration was notin court, but that he would proceed if counsel for the defence ad- mitted that Mr. Henrich had registered. Counsel in reply said—Your Honor caused the ar- rest of Mr. Henrichs on last Saturday», You refused bail and kept him in jail till Monday morning, when we were quite ready for trial, when you said you would be ready to-day. We are now ready to go on and you also ought to%ave been ready. Your action in this affair is, in my judgment, extremely strange.. DAVEN!ORT ON HIS MUSCLE AND Tié NEWS? ARBRS +4 COMMISSIONER—Your observations are no doubt intended for the newspapers. I will not go on with the case until I get ready, and I don’t care if itt one, twelve or more days Jor me to get ready. Of the time I require 1 AM THE JUDGE, and I won't hunt up this inspector with his book till [get ready to, nor will) go ou wll he does we UNSEL—This is an unheard of proceeding. You say that you will take your own time to go on with this case, Has our client no rights here? It secms not. You were in a great burry to arrest some that were not taken; they were removed else where. (The witness described the mode in which t Durglary was committed.) The vouchers represented tl enoral expenses of the county department; they repre: er; a | the vouchers of Keyser, the time these were stolen Mr County Audi- tor, Mr. Watson having previously died. (Witness de- scribed the mode of business by which the vouchers were paid.) Mr. Woodward was Assistant Clerk to the Board of Supervisors; he in Norwalk, Conn. ; don't know where he is now: Mr. Tweed was President of the Board of Supervisors at that time. CROSS-EXAMINE® SY MAYOR WALL. Ihave been Deputy Com: troller in 1864; Mr. Watson became County Auditor in 1363, 1 think ; in 1869 or 186) the office of County Auditor was established ; his duties were to prepare all matters relating to expenditures of the county ; he prepared all these papers tor the Comptroller ; he attended to the general duties of secing them prepared ‘on the books; his duties were to see that rect; he attached @ certificate which. « had made an examination had nothii were cor- d that he County Au- t Gains ‘avainst the city; itor, called Auditor ese through e to the by the Auditor; all necossary shed; tac Comptroller then signs the war. Fant, they were always, passed on p Comptroller and the Bepartiuent of Finance betore t rt the Mayor; tye stamp Went! on beiore the Warrant went to the Compirotier; I saw the julasing vouchers about two OF three weeks beiore the Compjrolier; I made an exam. ie deparunent, are p blanks are at him, and in hot haste you incarcerated him, You refused ball, though boudsmen whom you knew were sufficient offered themselves, You had Mr. Heurichs betore you on Monday and he was ready to go on, but you put him off until to-day, and now you want to put him off again, Now in the name of justice | ask you not TO TRAMPLE HIS RIGHTS under your feet. [demand that this inspector be brouglit here now. Commissioner Davenport—If you will géon with Lpethesg inspector may come in belore you get through. At this stage the Commissioner retired to his private room, and in about half an hour came back with General Davies, the United States As- sistant District Attorney. General Davies said :~ “I understand, Mr. Hirsch, that you do not propose to, fo thoroughly into this case, but only to examine Mr. Stahl.” . Mr. Hirsch—We are anxious to proceed, and I be- ve that the best thing I can do now will be to have Stahl examined, ‘This was assented to by the Commissioner, CASE OF CHARLES HENRICHS. mddopay districe. United States m & depal ( merehal, here is my ‘commission (witness produces it); idence as to the signature of would answer no more questi had answered all auch questions ou wred; he then me to leave the house ; I on my vest at that time and it was plain Mr. Henrichs that HN Most AxEWER Mr QuRATIONS, and that I had autliority to arrest him if he refused, and that [ must abide by the law; Mr. Henrichs told me $59. and I went; edo police ‘officer to go back to | house with me, but he refused; Mr. Henrichs told ‘me that if Tcame back again he would kn. my brains out; after the officer had refused to. come with me, I went ail alone back to the house; the door was locked and I went use I could not get in. iined—I am twenty-nine eg of aae: an been such since ‘as about four. Fa 8805 Ta lied to be appointed a deputy marshal; went Mr. Henrichs’ house about nine A. M. and knocked at th I went in I asked him ior his name words I used; I also asked him his age; I don’ that [ said anything olxe; when I asked bim bi id that it was Henrichs; he did not tell me his first name; the first namo he gave; I had his first wrote tis name as Henricha, just a8 arshal has Fs e 4 = 2: Lf ¢ gave it; my chief deputy m: now book in which I wrote the name. Q. Did you receive a list of registered notes: nee same time you received the book you refer to! turn ist to Mr. Lockwood, the chief de} not tell if { received it trom Mr, Lockwood; with Mr. Lockwood that morning; I know Lockwood; I cannot tell whether it was he to me. . Did t Mr. Henrichs of bei rogis- tered? nM oT have nothing tos t at ail ' when am on duty ; Tam going to find out what! am sent after; I cany . Did you istert A. 1h ht to until f find is dombitak, and tha iphae fevane up there for: dc dct 2 egcge t words did Jou use to convey that idea to iat annot ect the wit said; hi ine, according to the di- rection of the papery. or a veritication of voters. Q. Did not Mr. fr iy ask you wna you bg inquiry why you made itt A. ‘and id as said awhile ago, it wasdor a verification of the votes. Q. you not any there wordy:—“ want to know about thé election around here A. No, sir; Lmight have used the word “election” in regard to the voters tor the election; at the time I went to see Mr. Henrichs I told him I was going around about the election; { cannot tell Ceo the words I . To the Commissioner—I might ave used the word “election” in connection with the verification of regis- tered voters for this election. . Did you or not at that time, when Henrichs asked you “What for you ask thimquestion about my age ?”’ an- swer him that you “want to know about the voters about the election ?"did you use those words ? Commissioner Davenport—L have gotallthatdown. T have uo time to waste in taking the question down four or tive times. The witness hay already said he might have used the word “clection” in coniection with registration of voters of this election. Mr, Hirsch—Now, I ask him to state in what connec- tion he used the word. Commissioner Davenport—He stated that he may havo used it in such a connection, but he does not know whether he used tt or not. (1o witness)—Did you say any- thing of that kind ? Witness—I say the word “election” might have been used in the connection I refer to. Lapprised Mr. Henrichs yf ct for which Lcame and of the position I held retused to give me his age. he ndid youdo that? A, After requesting him to ne his age, and he said he would uot give me any nmissioner Davenport—Before he refused you you informed your position or what you caine for id not inform hum until he retuged ; I did not hini genuine. . Do you know whether the appropriation for 1369 for im of my position or what I came there for until furnishing the Court House had been exhausted? A. My used to give Thad verbal instructions, and 8 ABO 5 nstructions printed. in a book, as-to what 1 should IT returned the book to Mr. Lockwood after | got 2h verliying the registry; i only know that T got my orders; do not Rnow the district. very well, the dis- trict to which I was appointed; I received the book at Apollo Rooms, in avenue A. Commissioner Davenport (interposing)—Let me correct the witness—there is only one huil there. (to the wit- ness.) Is itnot Concordia Hall in avenue At itness— Yes. . Mr. Hirsch—Was that the place of registrationt Witness—I do not know. Alter some discussion between Mr. Hirach and the Dis- trict Attorney as to the place of registration, Commis. sioner Davenport ina nt manner said, “fam not i listening to useless petulat Boing to waste my time here all day uestions and unnecessary replies. Tam going to adjourn this case at halt-past one o'clock.” Mr. Hirsch—I don't care when you adjourn, [want to elicit such testimony asT think proper. Commmnissioner Davenport Ut you take ‘exception to my roling, [ will give you the benefit of that exception. tness—I do not know if this place at Concordia Ro a8 the republican headquarters for rogistration in that ward. Commissioner Davenport—He does not know anything about it, and the prosecution aro sparta Speetanon it Was. ‘The District Attorney—I do not admit it. Commissioner Dayenport—T have already given an ad- | mission that it isthe headquarters. I mean Concordia Hall, in avenue A. ndunt's Counsel—Are the words as having been used by Mr. Henrichs or only the substance of them? Witness—Only the substance: he furthermore said T should clear out of his room, and that if (did uot go be would throw me out Fou have sworn to is preciso words, AND KICK ME OUT; he did not lay hands on mo;_he did not attempt to do 80; L said I should, of course, have the intormation to fill my book up to verify the ‘registry; he said a great many things after that, but [do not rémember what they were. Counsel—How' long have you been inside in the other rooin (the Commissioner's private room)? Witness—I might have been about an hour; Ido not know the precise time; 1 do not know that it was two hours. Commissioner Davenport—I admit he was thore about an hou Di ing the time you were there, about an hour, did talk about matters and the tacts or this case with body? A. Yes. : . With whom? A. With Mr. Commissioner Daven- port. Q. You mean here? A. Yes, ¢ gentleman who 1s Commissioner entire hour? A. No, sir; only @ very . Did he send for vou? A. T was requested to come before Mr. Davenport this mornin, . Were you told what was necessary for you to swear tohere? A. I was not told anything, except to come here; I was not told anvthing; Tknew t had to swear to anything that I would have to say here. Q. Did you know that it was necessary for you to go to the private room of the Commissioner to swear to any: thing you had to swear to? The District Attorney objected to the question as put in an unintelligible form. Counsel—[ want to know whether he knew it was necessary to be one hour in the private room of Mr. Day rt in order to testity. ‘The question was repeated several times and objected to by the District Attorney ‘The Commissioner sustained the objection. Commissioner Davenport—I must now adjourn this case. Counsel—We are anxious to finish it now, and I do not see any valid reason for adjourning. Commissioner Davenport—I will not sit here any longer now. You could have finished the case by this time if you had not peen TALKING FOR THE PUBLIC JOURNALS. Now I shall adjourn it. Counsel expressed a hope that the Commissioner would not adjourn the case until after election. Commissioner Davenport replied that that re- mark was unnecessary, but he would adjourn the proceedings until such time as he saw fit, which was Thursday of next week. Counsel—Can’t you adjourn it to a nearer day, so that we may get through the case as quick as possible? Commissioner Davenport—I won't. And so the case stands adjourned till Thursday next. “THR” ALLEN AND DAVENPORT, It was rumored that previous to the opening of ie proceedings in the above case the notorious “The” Allen was for some time closeted with the jonorable the Commissioner and Chief Supervisor f siections, Cui bono? BUSINESS IN THE OTHER COURTS. FE He ERE UNITED STATES DISTRICT COURT. Decision in Admiralty. Yesterday Judge Blatchford rendered his decision in the case of Emery Babcock et al. vs. The Pro- peller Electra. The libel was filed by the owners of the schooner Lucy ©, Wail for damages sustained in a collision with the Blectra at Heil Gate on the 15th of March, 1871, His Honor dismisses the libel with costs. UNITED STATES COMMISSIONERS’ COURT. Whe Charge of Shipping Fireworks On Board Passenger Vessels, Before Commissioner Betts. ‘The United States vs. George Parsons,—The de- fendant, who carries on busin ess at 12 Park place, is, as already reported in the Hera.p, charged with having attempted to ship nine cases of tire- works on board the steamer Charleston without having the contents of the boxes marked or branded on the outside, The examination was re- sumed yesterday. Mr. De Kay appeared for the prosecution and Mr. William C, Barrett for the defence. Upon the points raised by Mr. Barrett on his mo- tion to dismiss the proceedings, for the reason that no guilty knowledge on the part of the defendant had been shown, Commissioner Beits rendered the subjoined brief decision :— The statute requires that every case containing such articles ax these shall be marked so as to designate its ‘contents when sent for shipment on a passenger steamer. ow In this case, that law has contessedly not been com: lied with, and some one is liable ior this neglect. The iatute says that a person who packs or “causes to "the article, is responsible. Clearly, the seller rticles, the ian who owned them and is to de- enefit from their sale, Who is the head of the busi- | ness of selling and shipping the articles, cauges the arti- cles to be packed and is bound to see that the law is cou. plied with, and that the cases marked. ‘The negligence of his a matter the negligence principal. TAt least the law demands that the principal. shall use th utinost diligence to have boxes of this description proper- ly marked $4 orders to his subordinates, by general regu- Jatonsas to the marking of boxes containing dangerous articles and by the exergise of vigilant personal super- vision, and punishes the want of such diligence as a criminal act. ‘The defendant in this case hase failed to ‘ove any effort whatever on his part to have such Erticten when packed tn his store for shipment, marked in compliance ‘with the law, and | must hold him respon- sible for that as a criminal act. The motion to discharge the accused is denied, ‘The defendant will offer the evidence of experts to show that “fireworks” do not come within the meaning of the act. ‘The case was adjourned. SUPREME COURT—SPECIAL TERM. The New York Central Underground Railroad. Before Judge Barrett. Francis P, Byrne va. the New York Central Un- judy derground Ratirosd Company.—Since the Legisis- ture gave Commodore Vanderbilt the charter for his sunken track railroad the previous under- ground railroad scheme, for which the charter was granted two years earlier, the corporate name of the “New York peta Under- nary step of getting the right of way. Mr ry 8 e way. Mr, lured of waiting and at length Esongnt suit to enforce the fulfilment of the contract. case came up for argument yesterday in this Court on a demurrer interposed to the complaint. There was quite a lengthy argument, but wholly of a character, touching simply the legal ints of the case. The gist of it was a claim on Bonait of Mr. Byrnd of his willingness to fulfil his part of the contract and a counter-claim that the company had never thrown any obstacle in his w River hearing the argument Judge Barrett took the papera, Cea ws 9 SUPREME COURT—CHAMBERS. The Clerke-Butler Case—Butler To Re- main in Ludlow Strect Jail. William B, Clerke vs. Richard R. Butler.—The circumstances of this case are familiar to the pub- lic, On the 16th of last September Butler was ar- rested on a charge of conversion of railway shares and other securities of the atleged vatue of $79,000 to his own use, ttiese securities Mr. Olerke claim- to be his exclusive property. Upon this chai red Butler ogi default of Yr5,000 bail, put in Ludlow Street Jail. The case came up on a motion sige got Ste par a We stand neral Y of Mr. Butler ty “ the denial of such partner- those to establish ship by Mr. Clerke were recited in the ar- ments of the opposing counsel, and which, hav- eee published in full heretofore, do not re- quire repetition. The Judge denied the motion, Decisions. George Miller et al. vs, R. T. Thomas et al.—Judg- ment granted. Julia M. Chamberlain vs, John F. Chamberlatne— Report confirmed and aaaenent of divorce granted, Judge ingrah: B: am. Spofford va, Hantingdon (three sults).—Amount reduced to $250 for cach. William Reader vs. Albert Speyers et al.—Motion Cente without prejudice to right to bring an action. SUPERIOR COURT—TRIAL TERM, Suit for Commissions—Freezing Juries into Speedy Verdicts. Before Judge Barbour, William P, Seymour and Charles G. Lock vs. J. P. O’Brien,—The plaintiffs are real estate agents. In February, 1870, the defendant engaged them to sell his house, No, 208 West Forty-sixth street. Mean- time the defendant, without the interposition of the plaintiff, disposed of his house on his own ac- count, but to a party whose acquaintance it is claimed he obtained througn the plaintifs. The lat- ter presented their bill for commissions, amounting to $320, which the defendant refused to pay. The present suit is to compel the payment, The case was given to the jury with iustructions to bring in @ sealed verdict. “Can’t you give us @ warmer room ?"’ one of the jurors asked the Judge, or rather undertook to ask im. “[don’t want you to say anything to me,” an- swered the Judge, sharply. “We were compelled,” continued the juror, “to agree upon an early verdict in the last case on ac- count of the cold.” “Not a word to me,” insisted the Judge. “But we don’t want to freeze to death,” plead the juror. “Clerk, leave the room,” said the Judge to the Clerk, “‘and leave the jury here.” ‘The jury had to remain, and did so, with a possi- bility of stayMg all night. SUPERIOR COURT—SPECIAL TERM Decision. By Judge Curtis. Jacab Shipsey vs. The Bowery National Bank.— Findthgs settled. COURT OF COMMON PLEAS—GENERAL TERM. Payment of Premiums on Insurance Policies. Before Judges Robinson and Larremore. The Andes Insurance Company vs. John P. Gruber.—This case was brought to recover pre- mium on a policy of insurance. The policy con- tained @ clause that “No insurance or renewal thereof shall be considered binding until actual payment of the premium.’ The defendant argued that by reason of this condition the policy had no force, validity or effect until the premium was actually paid, and that it was optional with the defendant to pay or not. In the lower Court judg- ment was rendered in favor of the plaintiif. ent was affirmed, - ron Winslow, attorney for respondents; Cul ver & Bertrand, attorneys for appellant, MARINE COURT—PART I. A Run Over Case. Before Judge Gross. Sarah McCabe vs. Jacob Engle.—On the 13th of November last the plaintif’ was crossing Third avenue on the south side of Fortieth street, going east, carrying chila on her right arm, and, after passing behind a car going down, on stepping upon the uptown track, she was knocked down and run over by a horse and wagon driven by de- fendant and so seriously injured that she was laid up for about a month. She claims that sne took proper precautions in looking up and down the avenue, and that the defendant was driving atan unusual rate of speed. The defendant testified that he was driving at a moderate rate, about fifteen feet behind a car coming up, and at the moment of passing a down town car the plaintiff? stepped, from behind it in front of his wagon, not giving him an instant in which to pull up. This statement was corroborated by a person riding in the wagon with defendant. It was further testified by the police officer and serguany that the lady refused to make any charge at the time of the accident, be fin 9 that defendant ‘was not to blame, but that it was her fault. The jury rendered a verdict in defendant's favor. COURT OF GENERAL SESSIONS. Larceny of Human Hair—Aecquittal of the Vender of a Portion of the Stolen Property. Before Recorder Hackett. The first case which the jury were called to pass upon yesterday was an indictment against John Cole for burglary and receiving stolen goods. It seems that on the night of the 16th of May the premises of Henry S. Day, 177 Sixth avenue, were broken into, and over $800 worth of hair switches and curls stolen, and that nearly two weeks after- wards the defendant offered a portion of this stolen property for sale at Mme. Shaw’s establishment in the Bowery. The counsel for the defence proved by witnesses that the accused was a jobber;-| that he purchased a portion of the stolen hair from a person who came _ into the Delamater House, in Thirteenth street, in May, for which he paid $50, and that he wanted $65 for it from Mrs. Shaw, which she said was only alittle below the market price. The good charac- ter of Cole (who, out of regard to his ¢amily, as- sumed this name) was also shown, and the jury rendered a verdict of not gullty without leaving their seats. Burglary. William Lee was tried and convicted of burgla- riously entering the apartments of Rosanna Mc- Donald, the keeper of a disreputable house in Wooster street, on the 2d of September, and steal- ing four gold watches and about two hundred dol- lars in money. He was remanded for sentence, the jury having recommended him to mercy. Mary Ann Allen, the mistress of Lee, who was jointly in- dicted, was discharged, there being no testimony against her. Is John Brown Crazy? John Brown pleaded guilty to an attempt to com- mit larceny in the dwelling house of Jacob Kridel, 419 West Forty-third street. On the night of the 26th of August Mr. Kridel found the prisoner con- cealed in the bathroom. Mr. Price, who defended Brown, said that last month Judge Bedford di- rected the physician attached to the Tombs to ex- amine the prisoner, His Honor having been in- formed that he was insane. Dr. Nealis replied to the District Attorney's request by saying that while Brown was not insane in the strict sense of the jai} fea he was subject to delirium which rende! im at times irresponsible. The Re- corder observed that the letter of the physician was not sufficiently satisfactory evidence to warrant the Court in assuming that Brown was insane, and instanced the fact of a man being tried before him during the Summer, whom the jury acquitted om the ground of insanity, who was going round the city stealing. Brown was remanded in order to afford the counsel time to consider whether he will proceed in the regular way to have a jury sworn to test the question of his (Brown's) sadity, Forgery. Jolius Hesse, was indicted for forging an order on the 14th of June fora keg of white lead, directed to F, & G. Hong, purporting to have been signed by Wach & Gunst. He pleaded guilt; Terormecy in, tan tonrth demres, nod there Tene wi ing clrcumetaaces Honor modided the punishment to one year's impriaoament fa: Before Judges Hogan, Ledwith and Scott. ‘The Court opened at ten o’olock A. M. yesterday with an unusually small calendar, There were about forty cases, the majority béing charges of assault and battery, where the complainants failed to appear, and which were consequently dismissed. A lad named William Middleton was placed at the bar, accused of picking the pocket of Francis H. Hearn of $5. Some time ago William was convicted on a similar charge, and escaped from the Tombs through a small aperture in his cell, William has also won renown as a leader in the recent revolt in the House of Refuge and is a hardened offender, my Ruirpoengi ears. Judge Hogan remanded him to the House of Refuge. George Cummings, charged with stealing a valise containing $25 worth of clothing from the steamer Matteawan, ving at poe 26, North River, was then ari ed, Officer Saries, of the Sixth precinct, saw the prisoner take the valise and John W. Ben- nett, the owner, identified the property, The pri- soner pleaded guilty and was sentenced to a term of five months in the Penitentiary, The next was Sarab Dutfy, on the complaint of Catharine Riordan, whom she had denuded of her capillary attractions. Catharine is a soft-iooking, ploek appearing woman, while Sarah possessed the hardened teatures of an old offender who had long since made her début in the Halls of Justice. The evidence was clearly against her and she was accordingly consigned to the Penitentiary for a brief term. . aged about eighteen ye! charged with picking @ man’s pocket at the cor- ner of Cedar street and Broadway. Detective Clapp caught him in the act, and James was also remanded to his former home, Just as the Court was closing, the case of James Morgan ae Michael Brennan was called, the charge assault and 2 mot gt Aman stepped out of the prisoner's box, took the stand, and aiter Papo. uumber of questions from both coun- sel and Bench, when confronted with the com- inant, the latter declared he had never seen him in his life. Bench and Bar becoming perplexed as to identity, the case was remitted to the next sitting of the Court, BROOKLYN COURTS. SUPREME COURT—CIRCUIT—PART I. The Suit Against Marshal Harlow. Before Judge Gilbert, In the suit of Nicholas Doll against United States Marshal Harlow to recover $6,000 damages for an alleged illegal seizure, the jury yesterday rendered @ verdict in favor of the defendant. The case was neporsed yesterday. Doll sued because the Marshal selzed certain premises in the Eastern district pending bankruptcy proceedings in the case of one lerkle, who owned the property. Doll, however, claimed that the property belonged to him and not to Merkle, SUPREME COURT—CIRCUIT—PART Il. Brokers in Court. Before Judge Tappen. Willigm Davis and J. D. Smith, real estate brok- ers, are suing Daniel S. and Julia Ann Parkes to recover $1,070 which they claim is due them as commission for éxchanging a Dutchess county farm belonging todefendants for city property be- longing to one John W. Gregory. Itis claimed on the part of the defence that plaintiffs were never employed to effect the change with Gregory, and that, in fact, it was never con- summated. The jury will return a sealed verdict in Court this morning. CITY COURT—TRIAL TERM, Alleged Breach of Contract. Before Judge Thompson. Albert Adler vs. L. P. Rose.—The plaintiff 1s as- Signee of the claim in this case, of J. W. Schmiat & Co., and says that last February the defendant con- tracted with Schmidt & Co. for freight for reaping and mowing machines by a first class vessel from New York to Cronstadt, the freight to be furnished within twenty days. Schmidt & Co. provided a vessel within that time, but the freight was not forthcoming and never was delivered. They claim to have lost $4,000 by the detention of the vessel and loss of freight, and subsequently assigned the claim to Adler, who now sues to recover that amount. Rose says that as the vessel was not A No. 1he notified Schmidt & Co. that he would not ship by it, and they refused to provide another vessel. Case still on. CITY COURT. Sensational Slander Sait—$20,000 Dam- ¢ ages. Before Judge Neilson. Yesterday’ the action of Mary Ann Grady vs. Georgiana G. Lee and Stephen G. Lee, her husband, came up for trial, Mr. Killian appearing for plain- tuff, District Attorney Britton for Mrs. Lee and Messrs. Vose & McDaniel for Mr. Lee, who puts ina separate defence. Mr. Britton, on behalf of Mrs. Lee, moved that the case go over the term to enable a settlement to be effected. He had only learned two day’s before that his client was in Urange, N.J.,and he was satisfied that the action should be settled rather than tried. It was in its origin a woman’s case, and, like all such, sure to result in unpleasant developments. He trusted the counsel on the other side would not press the case then, but would consent that it go over for the term to enable a re- conciliation of interests to be brought about. Mr. Killian, for plaintiff, said that his client merely desired a full vindication atthe hands of the defendants or a jury, and, that object being at- tained by either means, she disliked any unneces- sary publicity. In view of the suggestion that the defence was disposed to propose a settlement, he consented that Mr. Britton’s motion be granted on terms of trying the action in November, at all events, should a settlement not be had. The Court 80 ordered and the case goes over. BROOKLYN COURT CALENDAR. SUPREME CouRT—CrRcurT.—Nos. 147 to 153 inclu- sive—8, 159, 161, 42, 139, 145, 155, 181, 184, 211, 212, 214 to 222 inclusive. City CoURT.—Nos. 272, 263, 99, 262, 250, 260, 261, 286, 287, 126, 172, 181, 250, 292, 294, 295, 296, 297, ‘to 311 inclusiv: 298, 300 HALL’S DRIVING PARK, George the Winner of the Unfinished 2:37 Race. The deciding heat in the 2:37 purse at Hall's Driving Park, postponed from Wednesday evening, was trotted yesterday, resulting in the victory of Barney Stanford’s chestnut gelding George, over T. L. Doty’s black stallion Rowe’s Tommy (formerly Thomas Jefferson, Jr.). It will be remembered that darkness prevented its being finished on the day named, and as each horse had won two heats the judges very properly postponed it. For such an event the money in the pool box amounted toa large sum, and during the progress of the race on Wednesday the betting fuctuated greatly. The track yesterday, because of the rain, was very heavy and sticky. About one hundred per- sons were in attendance, mostly those who had large sums invested. Precisely at one o’clock the bell called the horses to the track, and without delay they were given the word. Doty, the driver of Tommy, did all in his power to make the colt win, but George had too much foot and passed un- der the string winner of the heat and race by two lengths. The following is a complete SUMMARY. HALL's Driving Park., L. L, Oct. 23 and 24, 1872.—Purse $300, for horses that had never beaten 2:37.—$180 to the first, $90 to the second and $30 to the third horse; mile heats, best three in five, in harness. Judges—John L. Wheeler, John Cooney and E. C. White. Barney Stanford's ch. g. George......2 2 1 11 J. L. Doty's bik. 8, Rowe’s Tommy (for- merly Thomas Jefferson, Jr.. 11222 G, Gould’s br. g. Kelly dis. B, Daniels’ br. g. Browi dr. H. Casey’s bik. First heat. Second h Third heat Fourth ty Fifth heat... AMERICAN TURFMEN, ATTENTION! A Chance to Trot Three-Mile Heats on English Soll. The following challenge was clipped from the Sporting Life of London, October 12:— J. Rooke will back Steel Grey, of Birmingham, to trot Stevenson's Pol , Of Leeds, one-mile heats, three out of five, for £100 or £200 a side; or Steel oy, will trot any other horse or mare in the world at three-mile heats, two out of three, for the same amount. To come off atthe Royal Oak Park Trotting Track, Manchester. A it to the SI ing Life, and articles to J. Rooke, Inn, Oldtam’ Road, Manchester, wil meet with prompt attention, The Sporting Life to be stake- older and appoint a referee. At @ late hour yesterday afternoon iaformation reached the Coroner's office that Mr. Marshall S. Bidwell, a member of the legal aon’ te ips died suddenly at his 68 Wall street. Mr. Bldwell Hreteaf indies "E eae Wl Sha removed for over the remains by oe ‘vehes of the American Presse (rom the New York Sun, Oct. 23.] MB. HENDERSON'S ARREST. Our contemporary the Heat is trate about the arrest of its correspondent, Mr. Boyd Henderson, by the police authorities of Havana, The last pub- lished information regarding this gentleman is that he has been released, but is etili in the island. Laudable a8 was the object of Mr. Henderson's visit to Cuba, which is stated to be the ascertaining of the exact condition of the revolution, the HaR- ALD must know that no arrivalin Cuba, barring the landing of an armed expedition to aid the patriots, could be more uspleasant to the volunteers and their agents. They have lied so persistently on this very subject for the past four years that their pur- pose of iKeeplug the truth from the outside world must be to t em of vital gels oa The HERALD declares, and we believe means it that it will hold the Spanish government fe: ble for the safety and freedom of Mr. Hendersoa, and that in this determination it will be upheld by the whole American people. Now @ newspaper correspondent is certainly clothed with no suck oficial importance as a regularly appointed conse- lar officer. The tormer may represent the press ef the country; the latter pepeeeen in the country it- Fa idol alge de Bina "owtsy hapa m his post at Sani ie Cuba—owin, per- sonal safety to the protection of the British fag— merely for the crime, which 18 the stated purpose of Mr, Hendersoa’s visit, of telling the truth avout the condition of things in Cuba, in, take the,case of Mr. Juan Zenea. This gentleman, an rican citizen, Went to Cuba to lay before President Cespedes certaim ORs made by the Spanish Cabinet for the settlement of the Cuban question. ‘These propositions had been peo oifered by Mr. Nicos Ascarate to the ‘uban Commissioners here, and were rejected by them. denea was furnished with an Americam passport from the State Department in heb iond and with a safe conduct, signed by Don Lopes erts, then Spanish Minister here. He saw Preat- dent Cespedes, who rejected any arrangement ‘other than one which should be based upon inde- ndence. Zenea was captured by the Spaniards when about to leave the island on his return hither. After being confined eight months in the Cabaiia fer- tress he was tried by a volunteer court martial and shot on the following morning. It must be in mind that the Banish government in Madria exhausted all its efforts to save Mr. Zenea, Ser- rano, then Regent, telegraphing to the authorities of Havana a peremptory order “to respect the safe conduct given to Zenea in the name of the Regent of the kingdom and of the supreme government of the nation.” Mr. Henderson was on no mission from the Span- ish government, and was, it appears, furnished mercly with aletter of introduction from Admiral Polo to Captain General Ceballos. If his life sheuld be sacrificed in the performance of his duty nis blood will be—as is that of hundreds of other vic- tims of voluuteer mob law—on the hands of an ad- ministration which, by the impunity which it has allowed to former outrages, encouraged the Savages of Havana to deem American citizens ft objects tor the gratification of their hate. {from the New Haven Journal (administration), Oct. 22.] The New YorK HERALD has on its hands another famous correspondent. Mr. A. Boyd Henderson was sent out to Cuba, with instructions to traverse the island and make a rull report of the actual con- dition of affairs, He took a letter from the Spanish Minister at Washington, and letters of introductien irom Cubans to prominent men in the country, from whom he would be likely to obtain the infor- mation he sought. Notwithstanding his connec- tion with the HeRaLp and the auspices undet which he .presented himself, Mr. Henderson, instead of being treated with the considera- tion shown Stanley by the savages of Africa, was thrown into prison, The HEBALB publishes the facts, and denounces the arrest in justly indignant terms. Mr. Henderson haa been released, itis true, but why has he been sub- jected to the disgrace and annoyance of arbitrary imprisonment? He was there on lawful business,' and went directly to the Captain General to notify, the authorities of the object of his visit. If they wished to prevent his proceeding with his mission they had but to med so and there was an end of the business. Instead they seem to have prete reat the arbitrary course so common under despotic gov. ernments. The Cuban authorities may not know how to treat a gentleman whose business they dis- approve, but it is time they were taught that American citizens cannot be arrested without cause and thrown into prison. The whole civilized world is interested in the success of Mr. Hender- son’s' mission, Py {From the Brooklyn Eagle (democratic), Oct. 21.] The HERALD, having done Africa, is now doing Cuba, and has sent a correspondent to explore the island and see what he can discover. There is no Dr. Livingstone for him to find; but a search for those swaggering heroes who go from the United States with noisy announcement of an intention ta free the Cubans from Spanish tyranny would be ag difficult and doubtful as the quest of the missionary scientist in the country beyond Ujiji. df the HERALD really wants to recover Ryan & Ce. it should send its new Stanley to Broadway and Pennsylvania avenue rather than to Cuba. (From the Trenton (N. J.) Trye American (demo- cratic), Oct. 22.) ANOTHER HOUARD CASE. A Havana correspondent of the New YorK HERALD narrates a fresh outrage there upon an Ameri- can citizen, one A. .B. Henderson, the outrage con- sisting of his recent arrest and imprisonment on some frivolous charge. * * * After the Houard case the Spanish authorities know that they can do what they please with American citizens with impunity so long as the present administration is in power. They know their men. THE STEAM YACHT EOTHEN. Her Arrival in New York Yesterday— Her Dimensions and Machinery—Aa Floating Home. The English steam yacht Eothen arrived at this port yesterday and anchored off the Battery. She is owned by Mr. Thomas Brassey, the son of the celebrated English railroad contractor, and though maintained simply for the purposes of pleasure cruising is of very respectable dimensions, having a burden of 342 tons, and being 152 feet in length by 22 feet beam. She was built in 1864, and be- Jonged for a time to THE MARQUIS OF CONYNGHAM, but after her purchase by Mr. Brassey she has une dergone considerable improvements and altera- tion. With the exception of one other yacht—tnat of the Duke of Hamilton—she is probably the largest steam yacht kept for amusement by a pri- vate owner. Tae Eothen, in being a steam vessel, has not sac rificed the neatness and trimness that are the first features of a well kept yacht. Everything about her is exquisitely clean; not a war vessel in the United States Navy has brighter brass or more | spotiess decks, THE MACHINERY. She has compound engines, combining the high | and low pressure principle, having an aggregate of seventy horse power. The amount of coal consumed per day is now only about five tons, though before these compound engines were in- serted at least double as much was used, This is an immense advantage, not simply because of the saving in money, but still more because of the sav- ing in room. In the bunkers there can be stowed away easily about fifty tons of fuel, and on a voyage another fifteen or twenty may be stored on deck, The Eothen has AN AVERAGE SPEED of nine or tén knots, but on her trial trip reached? a trifle over eleven. ‘The cabins of the vessel are fitted up with the greatest imaginable comfort and luxury. They make a perfect suit of apartments—drawing room, dining saloon, boudoir, nursery and sleeping cham- bers. In the’ goor of the latter there are fitted baths, which cah be opened by im ulling up & either hot or carpeted cover, and have a supply o! cold water. Mostsof the rooms also have open grates, after the English fashion, but these are fit- ted with [blll which make them periectly safe even in the roughest weather. THE CREW of the Kothen consists of the captain, Mr. Brassey himself, who is a skiltul navigator; Mr. Rowbot- tom, the chief cogineer with two assistants and ree. firemen, afd about fifteen seamen and “idiers.' The Eothen has been now on @ cruise since August, when she left Queenstown for St. Johns, making the run in fifteen days in spite of very rough weather and @ storm which compelled her to lay to for three days. She has since leisureiy visited ebec, Montreal, Charlottetown, Pictou, Boston, Providence, Newport and Bristol, and will make a pretty tengthy stay in New York. ANOTHER MAN, Card from the Comedian, Mr. William J. Florence, Lorvs Cvs, No, 2 Inviva PyAcs, THurspay, Oct. moNdbn, } To THR Epiror or THE HeRALD:— Deak Stkr—Will you kindly state through your columns that the William J. Florence mentioned in your issue of to-day as being one of the bondsmen of Thomas 0, Fields is not William J. ce tho comedian ? I ask this de, as many of my irienda have addressed me on t! tous