The New York Herald Newspaper, October 29, 1872, Page 4

4 THE COURTS. The Fourth Day of the Trial of Mayor Hall on the Al- leged Ring Frauds. GARVEY AGAIN ON THE STAND. Continuation of the Chief Plas- terer’s Direct Testimony and Cross-Examination. SPECULATIONS ON THE RESULT. Counsel on Hither Side Hold a Consulta- tion, but Fail to Agree, and the Court Adjourns Till To-Day. Indictments Against Members of the Last Year's Board of Aldermen. Cornmodore Vanderbilt and the Great Central Depot. Rose McCabe, Sister Mary of Stanislaus, the Alleged Lun- atic, Agaim in Court. A SPEEDY DELIVERANCE PROMISED, The Boulevard and Uptown Avenue Im- provements Litigation Settled—Ju- dicial Opinion Thereon. More Charges of False Registration and Opposition to Domiciliary Visita- tions—Arrests by City Marshals, ° HOT TIMES FOR DAVENPORT. —+—_—_ Business in the Other Courts—The Powers of City Marshals and Sheriffs Co-Ordinate—Opinion on an Appeal Case from the Marine tothe Supreme Court—Convictions and Sontences in the General Sessions—Decisions, &c. THE TRIAL OF MAYOR HALL. The trial of Mayor Hall was resumed yesterday morning, in the Court of Oyer and Terminer, before Judge Brady. This, the fourth day’s proceedings, brought the case for the people toaclose. The de- cision of Judge Brady to exclude evidence that was in his judgment irrelevant amd which failed to con- nect the defendant with that which was proposed to be testified to shortened the case of the prosecu- tion considerably, Though the court room was crowded throughout the day there was very little incentive to excitement or popular feeling ia the testimony of the principal witness, Garvey, or in the remarks of counsel for the defence or the prose- eution, Garvey, the prince of plasterers, was again put on the stand, but his revelations mounted to nothing, and if he knows nothing more implicative against “Boss” Tweed and the rest of them than he knows against the Mayor | the reform prosecution have got an elephant on | their hands they will be glad to get rid of before the finale of their series of intended prosecutions | 1s reached. The proceedings yesterday would have | been unusually flat and uninteresting had it not j been for the Mayor’s note, ALL ABOUT “THE LITTLE FOX.” After the hour fixed by the Court ‘or the recess— half-past one—nad long passed away there was no sign of a resumption of the proceedings. Judge Brady—more reliable on all occasions than even | é “ OLD PROBABILITIES,” was, for once, long behind time. The judicial clock actually felt the moments pass heavily on its hands, as if ashamed to note the syliables of recorded time during his absence, and ff it had been | possible for it to blush, when, at twenty minutes past two, Judge Brady cntered, and then Valentine and the rest of the Court officials, whose duty itis to rap on the tables for silence or to call out “Hats off in Court,” and to spread a general awe over the audience by a threatening giance—that clock would certainly have blushed for Judge Brady’s delinquency. It no doubt looked upon him, however, like Hamlet's father’s ghost, more in sorrow than in anger, and continued “its motion” before the Court as if no interruption whatever had happened. On taking his seat, and just as Mr. Stonghton, at last turning to business, withdrew his fingers from coursing through his ma: ificent locks of perpetual snow, aud Mr. Buckley, who was to have opened as counsel for the Mayor, poked his fery-looking proboscis into his little carpetbag for a brief, the Judge, as cool as cucumber, and just as if the clock aforesaid had been like all the other spectacors, sitting or standing still, without having marked his absence, informed the jury that the case of Noonan, tie alleged iorger, would be adjourned over until to-day, and that he then and there would so adjourn it. The pro- ceedings in the Mayor's case were opened by the | Tecau to the witness stand of ANDREW J, GARVEY. Before this witness was examined Mayor Hall said that the short cross-examination previous to | the adjournment of the Court on Friday had been | begun by himself, In consequence of a cold that afected his throat he asked the permission of the Court that Mr. Buckiey, his counsel, might con- tinue that cross-examination. ‘The Court promptly assented, oaguary. 1872, for Halifax, Taw ie NEW udalent? A. ‘was that roadway Bank you said Hoa and’ you went ina re or hen you went over to the Wi yout § ou pra faking It to the: coup yo, spe fat t tot aptrollen’s as . Watson's desk, was itnot A. You, st hr Weir s to? A. I gave it twice coputition Mir, Watson's desk, you said you went over to diy the mone; we rest of them” did you inelude the Mayor? . That yor said to one-of the jurors, and you don't in- tend to include him now ? A, No, sir; T do not. . Those conversations that. you spoke of Were matters gf which you did not make any mémoranda atthe timer No, sir. Q. Tmean at the time they caoursedt A. Twas al busy at those times, and since then many transnetions have occurred ; stitt'they are very fresh on my mind, for Thave wot paid much attention to any other matters for. the last two years, Q. You had conversation with Mayor Hall in the ves- tibmte of the Court House, T think you said one day; Twould like youto tell about what time it wasin IS7l. A’ Well, ttwas about the frst commencement of this excite- ir. . Who did you give that tolvoadward indo fen Q, Wh r memory recali near which office it was? Mayor stood néar ‘he Finance Department; I had back turned to it; T think nto the Stipervi- oice : Tsaw Mr. Halland t took an opportunity to ‘i o him, Q. Do you remember what crrand brought you to the Court House on that aay ? A. Ni T cannot. \» No, sit; id you come suddenly across ‘the Mayor? A. I don’t remember; I met him in the vestibule, 1 think, . Now, Mr, Garvey, in your di exami you spoke of going to the Mayor's offce, and at that time you had a conversation about the lawsuit; now, L should like to know if the conversation you had on the vestibule was after that? A. Yes; I think it waa. Q. You testified to the conversadon In the Mayor's office in 1869 in answer toa question put to you by Mr, Peck- m ; will you fx as near as y inte ot rsation? A. I think it was in August, 1860, ig that a mitter of recollection or impression only t A. Ml, T was SOP SNE at Long Talend, and I took theso warrants down with me and put them under my pillow that night prior to getting them signed. Was any one present at that conversa ton between ink not. tne Men eaae ’ $ It occurred in the inner office? A. Yes, str. Whondid you leave the United States Mr; Garvey? n the 2ist of September, 1871, if that Wason a Satur- Q. Did your name appear in the list of passengers when you left?” A. No, sir; Idid not loaye willingly, I can tell you. Q. When did you come back to the United States? A. On the 2th of January, 1872; { crossed over on the train and reached New York on the 27th, I think. Q. When did you sail from England? A. On the 2d of . Have you given bail on any proceedings against you enceil by or on behall of the peopie ? A. No, sir. . Have any proceedings been taken against you by or on behalf of the people ? A. Civil suits, Q. Criminal suits? A. ory own personal knowledge Tdon't know anything about them. Q. Atallevents you have mot been arrested? A. No, Ir Q. Have you ever had any communications with the representatives of the people respecting your testimony ? A. Testimony, sit ? Your evidence, sir, A.T have had conversations with the representatives of the Decne. Mr. Peckham—He has talked with all of us, if that is what you mean. . Examination resumed—Q. Down to what period have you had any conversation with the representatives of the since the adjournment of this Court on Friday ? *Fosterday. ‘Revdirect examination by Mr. Peckham—Have you 08, a working for the city about fifteen years? A. sir. Q. Mr. Tweed was Supervisor during that time? A. Yes, G, You spoke of having open accounts In the latter part of 1871; what do you mean by open accounts? A. There ‘Was some work done for the city in various places, and there had never been a final account given of it. Q. Task you whether Mr. Hall had any investigation into your accounts, or any discussion. about them at all? A. No, sir; to the best of my knowledge, I don’t recol- lect tat he had. . You were asked asto a conversation with Mr. Hall in the vestibule of the Court House; at that time, those accounts had been made public, ‘were vou in any anxiety as to your lability or under any disturbance about them? A. I was very much alarmed. ‘he accounts were published at the time. By a Juror—Q. Do you recollect what was meant by “I take the hint” in the Mayor's letter? A. Tdid not untill showed it to Mr. Ingersoll; there was a little fox on the rs. grape se By Mr. Peckham—Q. What was the value of the present? A. Treally don't know. EVIDENCE OF THOMAS LOVE. Mr. Thomas Love, an employé of the New York Times, produced copies of that journal for July 22, 24 and 26, in which statements of city accounts were published. EXCLUDED TESTIMONY. Mr. John H. Masterson was called, and subse- quently Mr. R. 8. Storrsand Mr. Anson E. Park- hurst, paying teller of the ei Bank, Their evidence was excluded by the Court, on the ground that it was irrelevant as regarded the accused, Mr. Masterson was to show the value of the plaster- ing of the Court House; Mr. Storrs the condition of accounts of the Court House construction prior to April, 1870, and Mr. Parkhurst that certain amounts drawn from the bank were placed to the account of Mr. Woodward and Mr. Tweed. EVIDENCE OF FREDRICK G, SMEDLEY. Mr. Smediey said he was a counsellor-at-law and Mr. Garvey was a client of his in 1871; it was in the Summer of 1871; he went with Mr. Garvey to Mr. Tweed’s office at 85 Duane street and there met Mr. Hall, who was attending, he understood, a meeting of the Board of Apportionment; Mr. Hall left the room and he said to Mr. Garvey, ‘*1 am very sorry 1cannot do anything in the matter; I don't think there's anything for you todo in it;’? Mr. Garvey said to the Mayor that “he hopea that transaction would not make any difference in their relations ;"” Mr. Hall replied, “I suppose not, it was a business transaction ;"’ afterwards received instructions not to press the suit and to give the defendant time; nothing has ever been done about tt. This closed the evidence for the prosecution. After a short consultation, Mr. Slaughter asked the counsel for the people whether they intended, on that evidence, to press for a conviction, Mr. Peckham said that, answering for himself, he certainly did upon all the accounts, except Inger- soll’sand Bollar’s. He relied on Garvey’s, David- son's and Keyser’s accounts, Mr. Buckley asked that the recess might then take place, and the Court was adjourned until hallt- past one, it being understood that Mr. Buckley would open the defence on the reassembling of the Court. After the Recess. The counsel for the deience held a consultation in the court room until half-past two, and then Judge Brady said he thought it wouid be better to adjourn for the day, and upon that the Court ad- journed until this morning at eleven o'clock, The prosecution had just before the recess de- clined to say that they had any evidence to show that Mr, Hall assented to or was a participator in the division of the plunder. The a therefore, was under the following section oi the statute :— Sxcriox 38—When any duty is or shall be enjoined by Jaw upon any public ofcer or upon any person holding any public trust or employment, every wilful negtect to poiform such duty, * 6 * shall be a misdemeanor pun- ishuble as herein prese! Attwenty minutes Ved two o’clock the Judge arrived and explained that the delay was occa- sioned by the wish of the counsel at either side ‘o consult. The consultation was in refererice to an important element in the case; but the counsel had not been able to arrive at any conclusion, and asthe hour was 80 late the Court would be ad- journed to the following morning. This was quite a new surprise, and to some ex- tent made up for the dulness of the proceedings during the morning session. Speculation was, of course, busy in accounting for the adjournment and the nature of the consultation referred to, Nothing could be elicited from counsel on either side beyoud the statement that they were consult- ing on a point of law to be submitted, and which, ifruied upon by the Court in favor of the views taken by the counsel for the defence, would bring the casé to a speedy termination. THE BOULEVARD AND UPTOWN ROADS AND AVENUES. Jadge Leonard’s Decision. Several weeks ago Mr. Van Nort, Commissioner of Public Works, appliea before Judge Leonard, of the Supreme Court, for a mandamus against the Comptroller, directing the latter to deposit $4,479 15 in the Chemical National Bank as payment of Mr. Mowauley for broken stone furnished for the Boulevard and the Seventh avenue extension above 110th street. In reporting the argument which issued the facts of the case were fully pub- lished in the HERALD, and for this reason do not that By the Cour Mr, Peckham said he had a few questions to ask the witness, Garvey, before the cross-cxamination | was resumed. By Mr. Peckham:—Have you, Mr, Garvey, looked | for the note since the adjourninent of the Court—the note | that you spoke of in your evidence on Friday, written to you by Mayor Uailt “A, Yes, and Ihave veeh unable to | rt Q. Have you looked in nib the places where you keep | your papers? A. I have looked in every place where it | ‘Was supposed I could find it. Q. Now Task you to tell us its contents. A. “Dear Gar. | yey—L accept tle trust. I look less at the fox and more at the gray ‘ours truly, Oakey Hall.” | By Mr. Stoughton:—There was a fox on the silver, ‘was there not: A. Yes, sir. B; ere were thirty-four warrants 3 you state whether there was any foundation for serving of those bills? A. There was not any. at’ - you endorse and deliver them for Ingersoll? A. I “2 3 Ege are tho warrants endorsed by Ingersoll? A. | Are those the only warrants that bear Ingersoll’s en- Gorsement: A. Yes, that were presented to the Board of Crossexamined by Mr. Buckloy—When did you com- mence to work f ‘The ¢ ad C4 a a Ton yoage york for the city and county, Mr. Garvey? A. @ Isit not over sin sega Butt thik it te . "During that pe you ye . ey wor ms were Heh id af ar, san . ere ever a final séttieme: your accvunts forthe saat eiitomont or liquidation of weer tn the Fall ot 187 Your’ accounts in the olty a a and unsettled? » Ni ul the whol ot that time, walle she ce g. There was no tinal settlement? A. Yes, sir. ere Were open accounts o 1 A. Yes, sir, L believe there were? Me 8A, ote of your direct ox: close of your cross examination the Mayor asked yor substantially whother you ever had eny contain ‘with him on claims which you said were loval ant Proper? L understood from ‘what you said that you id this, A. What I did say was that it they were untust would not be likely to say s6. it would not be proper for me to say that they Were unjust before a witness, 9. Did you ver say to hin in any conversation when there was no third party present that the claims were false and traudulent? A. I cannot recollect; it might hav ate 1; Deannot remember it. @ want you to charge your memory? A. If I nad pome circiunstance to jog my memory perhaps I might 4 | | | years ago? A. Not so long as fif- F ten. naticn and at the require extended repetition. This was brought forward asa test case, there being several other claims of kindred character, and all depending, of course, upon the decision in this case. The fact is that since the transfer of the Boulevard, Toads and avenues north of Fifty-ninth street from the control of the Department of Parks to the Department of Public Works no payments have been made by the Comptroller for material and lists furnished, the ground being that the act directing the transfer was unconstitutional, Pay even of the engineers, clerks and assistants has | been withheld for three months, the laborers only being regularly paid. This state of facts led to the application for the mandamus in question. Yester- day Judge Leonard rendered his decision in the case, which we give in full below, and from which it will be seen the writ of peremptory mandamus as applied for is granted, OPINION OF JUDGE LEONARD, No objection been raised as t rformance of the work, nor 9 the delivery, uality of the materials {urnished, for the payment of which Commis. sioner Van Nort now requires that money be deposited to his credit as Commissioner by the nptroiler of the city finance » justice of the demand mentioned in the The procecdings in ‘that respect is not in dispute. objection. to depositing the money made on behalf of Comptroller Green relates to the constitutional validity of the act of June 8, 1372, transiorring the powers aud functions of the Deparonent of Public Works in. re- lation to the Boulevard road or public drive, streets avenues and roads above Firty-ninth sireet, not embraced within the limits y park or public place, and direct. ing the transfer of all powers conierred, and all duties devolved by law upon the Departinent ot Public Parks in relation thereto, to and upon the Department of Public Works (Sess. L., 1872, chap. 872, sec, 7.) The title of this act is“An act in relation to the Groton Aqueduct atid otter public works in, theelty ef New York.” For the Comptroller it is insisted that the act, being of a local description, 1s in contravention of article d section 16 of the State constitution, forbidding more than’ one subject cal bill, and ‘ing that to be to be exbraced in a oe eat ie xpressed in the title. It ls not apparent, from the ince ‘of the proceeding, that the, act ot isha is at all subject to the criticism Auggosted. 3 Riueporement ioner of Public Works res pet it. low jog your mema@ryt A. I understand you to a oe, thatuiy claims were just, Gek You as ig any couversation in which you (old transterred to the Comimiss public work, and that subject is distinctly expre in Wie Lite of thy veh Tho Croton Aqueduct and the Boule YORK H . 1 ore D, TUESDAY. me road and avenues are, cach of them, public work: th 8. it in wi however, that there are nd duties Ecce ae erke padeeeed ty Re deacineett rence heticeureen at [ri Ren canteen unmet oa uinisth for their infraction: also. with, the power to acquire or take e property tor the use of the parks, privet e &c., and that the act in question disturbs epartmen's under the city charter ns 4 are not wichita the scope of the title it is nowhere alleged, 10, these proceedings that the Commissionor of Public Works has at any time Sekceceire mince sere Pree junctions. not clear any powel - tlous were ‘nite nod to be conterred, or duties devolved, upon the Commissioner: pf Paplie, Works, under the act of 1572, other than those relating to construction and repair, and’ these are manifestly connected with the public works and expressed in the title. It is not unreasonable to hold that the Magli and functions transferred are such only as relate to public works, and are similar to th which were conferred upon the | Com. “of Public Works the charter of in goed to streets avenues below inth street (vide Laws of 1! chapter 137, erating the Department of Public Works and at department con'rol of the Croton Aqueduct, streets and avenues, &¢. ‘A construction which allows statute of 1872 to remain operative ‘The rules of law for the construction of re acis of the Legislature to be so construed, unless the terms of the act render it impossible to give ita valid meaning in HARMONY WITH THE CONSTITUTION. The Department, of Parks wore authorized, until the act of 1872, to require the Comptroller to deposit money for the purpose of carrying on the same public work ag that for which Commissioner Van Norénow demands that a depositbe made. The ssiouer of Public Works exercised the rine Reeaee ‘and fuections as those now claimed, under the Charter of 1870, in respect to streets and avenues in the lower portions of the ci it docs: not appear that s will be necessary hereafter the power of taking private properly, dinances for the ation of th road, streets or avennes, nor of actually ing any of the powers or functions tending to render the act ob- noxious to the provisions of the constitudion in the man- ner urged by the ed connsel for the defendant. [tis not alleged by the Comptroller that Cominissioner Van Nort has herctofore exercised any power under the act of 1872, except that of construction and payment for work and materials used upon these pablic works, ~The powers and functions which ne has so exercised are legitimately exprossed in the (itle of the act of 1872, The wor’ of con- ‘struction must cease unless THE POWER OF: PAYMENT follows. The one cannot proceed without the other, It is not clear, however, that the act embraces more than one subject, If it really includes all the other powers mentioned, and supp to bo, hiestiqnakiay The sub- ject is the “public works” of the city, The regulation of he use of them, with police powers, &c,, may be within that subject, at least during the period of construction. The power of preservil work against trespassers and against either intentional or accidental injury may, IT think, be considered as an incidental Power, and em- braced in the title, according to some of the decisions of the Court of Appeats in analogous cases, cited by counsel, Itis not an illegal or improper exercise of legisiative -power to clothe the Cominiasioner of Public Works with ‘such duties and functions. TI intend to express no opinion ‘on any question not strictly Involved in the case now be- fore me. The writ of peremptory mandamus is granted according to the application or order to show cause. ' ALLEGED FALSE REGISTRATION. The Case of Francis P. Healey, Before Commissioner Davenport. The defendant, Francis P, Healy, was brought up yesterday before Commissioner Davenport, charged with falsely registering as a voter. He stated that he is @ lawyer, and claimed an exam- ination. Mr. De Kay prosecuted and Mr. Healy defended himself. THE TESTIMONY. A deputy marshal named Denning deposed that he was present when the defendant came to regis _ ter his name as a voter, as living at 258 Mott street, second floor, back room; he saw him sign his name, and was present when he was sworn; heard the questions asked him by the Supervisor; wit- ness then went to 253 Mott street, taking the accused in charge with another deputy; that was on the 26th of October, in the evening about seven o'clock; he asked the people he found in the room if Mr. Healy lived there, and they said distinctly, “No,” that he lived in Fifteenth street; they did net give the number; they simply said he lived in riiteenth street; did not ask them if he lived in Fifteenth street; did not know the persons he asked if Mr. Healy lived there; did not get their names; did not think it was necessary; when we went there Mr. Healy himselt opened the door; he said he resided there; three or four women and og were there; they said he did not reside there. Cross-examinéd by defendant—I know you by sight; I think | have known you by sight for three years; I will notswear that Lknew you as a resi- dent of that neighborhood; I will not swear that 1 knew you live at 268 Mott street, because I do not know whether you did or not; I know nothing about it; [have not any impression that you did live there; I could not say exactly how many per- sons were in the room. Deputy Marshal John Marten, colored, gave evi- dence in support of that of Denning. DEFENCE, ‘The defendant called an old women named Mc- Kenna, who resides at 268 Mott street, and she testitied that she knew the defendant over a year, and that he had lived in her house during that time. With respect to the visis of the oficers to the house on Saturday evening, with Mr. Healy, she said that when the question was asked, “Does this man live here 7” she said, “He is a particular friend of mine,” and by that answer she intended to refer to an old man, Mr. Mclivanny, who was in the room at the time the officers came in, thinking that the question applied to him, On cross-exuml- nation she said she saw both of the men who came into the room with Mr, Healy, and they were both white men, She did not take particular notice of them, as her sight was not very good. Mr. Healy said the room was not well lighted at the time, and the witness might very casily be de- ceived as to the color of one of the ollicers, as her sight was not very good. Another witness, named Margaret Rea, gave evi- dence in corroboration of that of Mrs. ding that she believed the oepce as to man lived" applied-to Mr. Mclivany, and after Mrs. McKenna answered, ‘he is a particular friend of mine,”’ witness added ‘He lives in Fisteenth street.” ‘The witness was cross-examined by Mr. De Kay as to whether she had had any conversation with per- sons about the case. She replied in the negative. Commissioner Davenport whispered over to the District Attorney to ask the witness if she had been subpened, She replied not, whereupon the Com- missloner immediately popped the answer downon his minutes, The defendant !n the progress of the trial ad- mitted that he had registered at 258 Mott street, second floor, back room; that he was born in the United States, and that this statement could be supported by the record. ‘The iurther hearing of the case was adjourned till ten o’clock this morning, when the defendant will offer further evidence for his defence. Another Charge of False Registration. Before Commissioner Shielas. The United States vs. Timothy Norton.—The de- fendant is charged with having falsely registered asavoter. Patrick Mack, election supervisor, de- posed that on the Sth inst. Norton registered from 81 James street. Mrs. Deer testified that Norton left her house at 31 James street on October 1. This was the case for the prosecution. Case adjourned till Wednesday at two P. M. Charge of Obstructing a Deputy Mar- shal. Before Commissioner Betts, The United States vs, Jeremiah Keily.—The de- fendant has been charged with obstructing a deputy marshal who had gone into his house to put questions to him about his name, age, &c. The case Was adjourned to such time as either party sees fit, on notice from the other, to bring it on. It appears to be the general impression that no step Will be taken with these cases until after the elec- tion, If even then, and those who refuse to give their names when the marshals demand them Will not be allowed to vote, on the pretence thatthe registration has not been verified according to Mr, Davenport's inatructions. Another Charge of Obstructing a Deputy Marshal. Tefore Commissioner Davenport. The United States vs. Charles Hussey. The de- fendant is charged with a violation of the Federal Election jaw for refusing to answer questions put | by adeputy marshal, who stated to the accused that he came to take a census. When the case was called on yesterday the Com- missioner remarked that he could not go on with this examination now because he had to attend to @ case of 2 man who was in jail, Counsel for defendant said before the Commis sioner came to that determination he would like to see the aitidavit sworn against Mr. Hussey, The Commissioner—it is not in my office. Counsel asked the Commissioner if he kept his papers in his office, ‘The Commissioner—I keep them at my house. I did not bring the affidavit with me, Counse!l—We ate ready for trial. We have a right to an examination and demand it. It is time, sir, that Lap Ay and those deputy marshals who are acting under your instructions should know that citizens have some rights that you are bound to re- spect. The arrest 0! Mr. Hussey was brought be- fore you after an arbitrary arrest. 1 protest in the strongeet manner against this man being kept oat of anexamination. He is entitied to it and ought fe, nee it now. This is the day that was fixed for it. ‘The Commissioner—You are not entitied to an examination after you have given bail, aad itisa mere matter of courtesy to give any man an ex- amination aiter he has given bail. That question has been decided by the Courts. f VF does case Was put down for examination O-day. The Commissioner—The case goes over for a week from next Thursday. Counsel—Are we to understand, then, that the houses of our citizens are to be invaded in this un- just and unconstitutional manner ? The Commissioner—I do not understand you. Counsel—You say that we are not to have an ex- amination until Thursday week. The Commissioner—And, perhaps, not then, if there are any jail cases for examination. Counsel—Thon there is no certainty Uzat the cage will oveu be called tien ? Tae TCVT ID . TY nYAsta TOBER ‘The Commisstoner—No, air. ‘The case was accordingly adjourned for a week | from Thuraday next, ARRESTS BY CITY MARSHALS. pM EY Fe | Conrad Stein is a brewer, and employs Jonn Ott as his driver to deliver beer to his customers. Ott, instead of delivering to the customers, sold, as al- leged, part of the beer, and appropriated the pro- ceeds to his own use, to the amount of about six hundred dollars, and in order to hide his pecula- tions charged the stolen beer to the customers’ of lus employer. Mr. Stein, having discovered these facts, applied to Judge Tracy, of the Marine Court, for an order to arrest Ott, who had in the mean- time left Mr, Stein’s employ. Judge Tracy directed his order to Patrick Dailey, one ol the Marshals of this city, who Analy arrested Ott, who was locked up in default of bail. The latter at once applied to Judge Ingraham, of the Supreme Court, for a writ of habeas corpus, claiming his unconditional re- lease on the ground that the Marshals of the city of New York have no power to arrest, but that the Sheriff is the only authorized officer. In opposidon to the writ Messrs. Jacob A. Gross and Cropsey appeared on behalf of Mr. Stein, and incidentally on behalf of the Marine Court, to sustain the order, Tearengay, Judge Ingraham delivered the following opinion :— The “Ath reeintrngey bps ee us h se bento MRA patos (Be BE ean ae the custody of the Marshal by whom he was arrested. An granted by a Justice ofthe Marine Mi 1 Who took, the prisor W order of arrest wi Court and directe: into custody. Prior to that the warrant of arrest, wi Sommeasies, ‘action, Tho law of 1865 gave the Marsh: serve summonses and other process issued rine rt, By tho law of 1872, se that all process except and executed from the provided ted rs who the pases 0 of Lae aie foes + Eupoens ae . warrant of arrest, a3. it was before the passage of the ao of 18/2, tnere could be no doubt an tothe power and authority of the Marshal to execute such process. By the act of 1872, section 6, the warrant of arrest as then allowed to issue was abo! |, and a@ substitute adopted in the form of an order of arrest, to be franied, by a Jus- tice of the Court. This was to be applied for in the action, {o be for like cages and in like manner as new required rocedure. as to the officers who That duty igs prescribed by the eighth section, it the order of arrest is to be considered process (and both of the learned Justices of that Court, whose opinions have been submitted to me, agree that it is process), then I think there can be no doubt but that the same officers Who could servo the warrant of arrest before the act of 1872 could serve the order of arrest under that act, This order of arrest is provided to in the stead of a warrant of arrest, the mode by which it is to be obtained 4s prescribed in the eighth section; but no direction ia given as to tho service, and that direction is included in ‘the general provision in section 8.a3 to the mode of ex- ecution of this as well asof any other process. My con- clusion on thts question is that the (nag ‘was properly served and that tho prisoner should be remai end the writ of habeas corpus dismissed. it will be seen from the foregoing opinion of Judge Ingraham that the power of the Marino Court to tits orders of arrest to a city mar- the act of 1 Un- shal has not been impaired \4 fortunate debtors will hall this opinion with de- light, as it will enable them to cacape the extor- tions which are said to be practiced upon them in the Sheriff's Office. THE CASE OF SISTER ROSE M'CABE. The question as to the sanity or otherwise of the alleged lunatic, Sister Mary of Stanislaus, or Rose McCabe, as she 13 known in worldly circles, 13 about to be made again the subject of a judicial in- vestigation, It is unnecessary, after the extended recitals given of her case, in connection with the recent legal proceedings, to go over the history. Her story (very simply told) is that while in a nun- nery a high official in the Church undertook to coerce her into submission to his lusts, and because she would not submit to him trumped up a charge of insanity against her and put her in the Bloomingdale Lunatic Asy- lum, whence she was shortly transferred to the lunatic asylum on Blackwell’s Island, where she is still confined, A writ of habeas corpus was a few weeks since obtained from Judge Leonard, of the Supreme Court, but before the examination was con- cluded Mr, John D. Townsend, her counsel, owing to the Judge’s alleged prejudgment of the case, re- fused to prosecute the case further, and the result was that Miss McCabe had to go back to her old quarters. Mr. Townsend, who is not deficient in pluck, and sticks to his client through thick and thin, did not let the matter drop here. Two weeks ago he applied for ANOTHER WRIT OF HABBAS CORPUS, this time taking the case into the Superior Conrt and making tie application before Judge Sedgwick. The writ was promptly granted, and the case cane up yesterday for a hearing. Sister Mary was pres- ent, dressed as on former occasions in the sombre habiliments of her order. The court room was crowded, including amoug the throng of attendants MANY LADIES, some of the latter coming as witnesses, some from mere motives of curiosity and some through having had their sympathies deeply stirred for this unfor- tunate young lady, ‘A POSTPONEMENT ASKED. Mr. Smith asked that the hearing in the case be postponed on account of the absence of Mr. Van- derpoel, the legal representative of the Commis- sioners of Charities and Correction, He stated that (ne absence of Mr. Vanderpoel was unavoida- ble, and urged that it was of great importance that the Commissioners of Chayities and Correction should be represented at the examination by their counsel. OPPOSING POSTPONEMENT AND WHY. Mr. Townsend insisted that the examination should be entered upon forthwith. He went oa to say that since the examination before Judge Leonard Miss McCabe had been trans- ferred from the room she then occupied to another. This transfer was from the companion- ship of those suifering under the milder forms of insanity and from attendants to whom she had become attached and who were attached to her to a ward filled up with wild, raving maniacs, and among attendants who treated her with the harsh- est severity. He had been iniormed by letter of this transier and the ditference it made in the treatment and surroundings of Miss McCabe. He visited Miss McCabe yesterday and witnessed a most painful corroboration of the intimation he had received. Her surroudings he found of THE MOST HORRID IMAGINABLE, She was not only subjected to all kinds of indigni- ties, but her room was overrun with rats and mice. She could not sleep nights on account of the an- noying pranks of those vexatious visitors. While he was there a boldly audacious rat ran across the floor, and li they were thus bold in the daytime what must they be at night? This was not the worst, She was constantly subjected to hearing the VILEST AND MOST OBSCENE LANGUAGE, it was an outrage. This woman had been most religiously brought up; her mind and nature were of the most exquisitely refined mold, and to place her inher resent surroundings was an indignity he enormity of which no language could ade- uately define. The door was ajar, and he heard rr. Taylor say to some one, “Can't you get along without beating the patients in this way?” To keep Miss McCabe amid such surroundings was, as he had stated, an act of great cruelty, and for this reason it was he was so persistent in urging an” immediate hearing. Mr. Smith would not yleld his point, but further pressed upon the Court the necessity of Mr. Van- derpoel’s presence. COUNSEL ASKS TO TAKE MISS M’CABE TO M18 HOUSE. Mr. Townsend stated that he bad said all hee could for an immediate hearing. If the Court de- cided oP the examination he asked per- mission to take Miss McCabe to his own house, If this reguest was complied with he pledged himself to be responsible for her attendance in Court when- ever required. ENDING OF THE MATTER. Judge Sedgwiek said he could not entertain the snpposition of the possibility of such a state of things existing as that described by the counsel, Mr. Townsend—I Will make my own afiidavit in the case, Sedgwick—I cannot assume sucn a state Judge of facts, but I do think the case one requiring a speedy investigation, and I will set it down per- emptorily for Friday. ir. Townsend—Or course I must submit to the decision of the Court. One thing is very certain, however, that if Miss McCabe is not now crazy she soon Will be if she is much longer kept amid her present surroundings. BUSINESS IN THE OTHER COURTS. UNITED STATES DISTRICT COURT—I4 BANKRUPTCY, Decisions. Yesterday Judge Blatchford rendered his decision in the case of Theodore E. Baldwin and Edward W. Burr, bankrupts. He decides that the order of reference is vacated, leaving the parties respect- ively to pay their own costs. The Examination of Bankrupts, Mr. John Fitch, Register in Bankruptcy, pre- sented to Judge Blatchford a very long certificate in the case of Nathaniel Dole, on a question as to the right of an assignee to examine a bankrupt two years subsequent to the discharge of the bank- rupt. The Register decides :— Firet—That the summons to examine the bankrnpt was thorized by law; that the assignee was in duty bound apply tor and obtain it ashe di poy ascertaining the feerk ns sot in bis afidavit; that the procecdings proc orrect and should be proceeded under; that the act ba a, July 1, 1372, ‘controls the practice as to the time 6 commenceinent of an action ina case like clause & VL of the code of practice or vrocedure faalene hasa eet foselech, subject ister, an attorney to aid him in tho estate. . Dole can be examined as a witness fon of the assignee in relation to an; ite OF Lis cgtate, and to discover what, it joes. Second—' nh ‘ne approval of tie the prosecution, claims due ‘upon the app! property os @ ¥9, 1872.—TRIPLE SHEET. te under sp vita tite pottinenne hat te neneten was oan set forth in his afi- ‘declination on the part of Mr. Dole to ‘final decision of the Moga gusto Tainan aug of we rel im any way or manner ¢ legal que tomy’ ‘of Court 4s contemplated by law. U the ts Jadge Blatchford de- poe above points J ‘The second and fourth objections are well taken. The and third objections aro not well taken. | Nothing is tobe decided hereby as to the point respecting si raiseddivescly {n'a "fortnal suit io a ond ebjection the Hogisier ouch to suspend all further eta A Ghent ta on behall of the ‘assignee. re een ™ SUPREME COURT—CHAMBERS. Decisions. By Judge ‘aham. St. John va. Coleman Motion granted, Mills v3. Quigley.—Motion denied, with leave to bal at on the ground of irregularity on other Spring vs. Burroughs et al.—Motion granted. Gilbert et al. vs, Gilbert et al.—Motion granted, with leave to plaintiif to answer on payment of $10, cost of motion. to'vacate auscnstmeut Of tas paving’ ot Kort Moors ‘nt for the t Nor’ street.—Motion denied, fie Saami se ea The People ex rel. Baker vs. A. H. Green, Comp- troller, &c.—Motion ited. The People, &c., Globe Printing Company va. A. H, Green.—Motion granted sending the case to the Liminar; 2 as ‘tute con: Circuit for trial. In the Matter af ine Bonnge of Danicl 8. Youngs to vacate asse it for paving North Moore a ssmen| street.—Motion denied, Haligarten et al.va. Eckert et al.—Motion granted. Kornlgsberg et al, vs. Kornigsberg et al._—Same. COURT GF OVER AND TERMINER. The Grand and Petit Jurics and Case of Noonan, the Alleged Forger. Before Judgo Brady. At the assembling of tis Court yesterday the Grand Jury was discharged for the term and the Petit Jury until Thursday. In the case of Dennis Noonan, the alleged bank forger, Mr. W. F. Howe, ‘his counsel, was present to urge his release upon the writ of habeas corpus granted by Judge In- poe The argument, however, was postponed ill Wednesday, and there being no further prelim- inary business Judge Brady proceeded with the trial of Mayor Hall. COURT OF GENERAL SESSIONS. A Man Sent to the State Prison for Twenty Years for Outraging a Woman. Before Recorder Hackett, Nearly the whole of yesterday was spent in the trial of an indictment against John Campbell, who was jointly charged with Charles McGuire for com- mitting the offence ofrape. McGuire was tried and convicted early in the term, and sent by the Re- corder to Sing Sing for twenty years. The com- plainant, Elien Smith, testified that as she was walking through Varick street she was dragged into an alley by Campbell, who, after out- raging her _ person, eld her uatil his associate repeated the offence; that as soon a3 she could she screamed “Murder,’’ which brought Officer O'Keefe and other citizens to her assist. ance. Campbell was arrested near the alley and he-told the officer that he was in there with the Woman. M, Price called a number of witnesses to grove that the complaining witness was not the ard-working woman she claimed to be, but was a common street walker. The jury, however, be- Heved the story of her wrongs, it having been cor- roborated by the police officer, After a brief con- sultation they rendered a verdict ot guilty. His Honor the Recorder said that he did not seo any reason why he should make a difference in the sentence passed upon McGuire and the prisoner, He sent Campbell to the State Prison for the period of twenty years, Intemperance the Cause of Crime—Re- marks of Assistant District Attorney Sullivan. In the course of an address to the jury, yesterday, Assistant District Attorney Sullivan made the fol- lowing observations:— This is the Sostan, day of the October Term, and I wish to impress one practical lesson on the members of the jury. We have tried parties accused of every grade of crime— the defendants being of every age and both sexes. In almost every instance it appeared that drunkenness was the occasion of the crime. Especially was this so with the young men. In these days of agitation for reforms T ‘wish we could inaugurate a movement for social and tem- erance reform and save thousands of our boys who are in feartul peril. At the Tombs, on Saturday last, I wastaiking with Mrs, Foster, the worthy matron in Charge ot the women's department. She said, “The women here are generally sent becanise of drinkiie. and yonder (potutin the boys’ department) are the children of drunkards.” You and Ido not discharge our whole duty to the com- munity when we try case. What we learn hereghould prompt us in our social duties, I do not know how any man can do more good in this community than by efforis to promote total abstinence (rom intoxicating liquor. The Father Mathew socicties are a great blessing, and hardly ever has one of their members been accused ot any crime in this Court, Attempt at Grand Larceny. John Brown, who pleaded guilty last week to an attempt at grand larceny, was brought up and sent to the State Prison for two years and six months, A Car Pickpocket Sent to Sing Sing. Buck Watson pleaded guilty to an indictment charging him with stealing a pocketbook contain- ing $75 on the 23d of this month from William Dix, a citizen of Maine, while riding on a Fourth avenue car. ‘The Recorder sentenced Watson to the State Prison for Jour years, observing that he was a pro- fessional pickpocket. Edward Sackett, who was charged with stealing a bale of coverlets, valued at $145, on the 26th of September, the property of Bronold & Hoffman, pleaded guilty to an attempt at grand larceny. One of the firm interceded for the accused, and the Recorder, being satisied of his previous good char- acter, mitigated the sentence to imprisonment in the Penitentiary for six months, Alleged Murder. On motion of Mr. Howe, James Larkin, charged with shooting John Murphy, on the 2ist of last January, was discharged. He stated that the evi- dence showed it was an accident. Assistant District Attorney Sullivan informed His Honor that the witness could not be found, and Larkin was discharged on his own recogni- zance, TOMBS POLICE COURT. Stealing Silk—Mr. Bergh’s Detective Gene fus of Arrest Again After a Poor Dray- man-—Skeleton Keys=The “Dock Rats.” One of the first cases of any importance brought before Judge Dowling yesterday was that of Charles Schmidt, who was accused of attempting to steal roll of silk valued at $50 from John EF. Davis, of 741 Broadway. Schmidt and a confederate, it is alleged, went into Mr. Davis’ store on Saturday afternoon and asked to see some black silk. They Were shown a lot of goods and remained examin- ing for some time. While the salesman who was waiting on these gentlemen was en- gaged talking to them another salesman saw Schmidt put the piece of silk under his coat, He jumped over the counter, and, before Schmidt had time to turn around, he Rint a him by the collar, and the other man immediately made his escape, Schmidt dropped the silk on the floor. He was brought to the Tombs yesterday morning and fully committed for trial, Michael Fecny, a tall, rongh looking and mus- cular man, pparently quite poor, was arrested by one of Mr. Henry Bergh’s intelligent agents for driving @ sick horse troubled with the “epizoot.”’ Michael did not relish this system of interference in his business, and he opened on Mr. Bergh and his agent im the choicest language known to truck- men, backmen and others of that ik, The champion of ‘the poor beasts" was exaspe- rated, and came to court to make the charge more certain. Feeny and Bergh’s agent were standing near each other and almost immediately in front of Judge Dowling, wnen suddenly Feeny raised his arm, and were it not for tne interierence of an ofi- cer, Would have struck the agent a heavy blow. A voice in the court room was heard to cry alout “T want to give bail for this man, your Honor. Judge—I won't take any bail now. Til lock him up to teach him where he is. Bergh (exultant)—That is right. That is right (getting quite warmed up). He used the most bate language to me and my agent, feeny was taken below for a short time tor pent of his ill-timed burst of temper, which de- stroyed the sympathy which he might, perhaps, have excited in the breast of His Honor the Judge. Jeremiah Harris, a colored. individual about forty nae of age, who has severai times figured in the ‘ombs on various criminal charges, was again ar- Taigned before the bar of judgment yesterday. Jeremiah’s latest line of business is to appear at the doors of private offices early in the morning, and, by means of skeleton keys, enter the places and out = again Li before the proprietors or any one connected with the establishments arrives, ie prizes he secures in these raids are not very largé in gencral—a few dollars’ Worth of postage stamps or, perhaps, a similar amount in small change, Sometimes, how- ever, he has been known to secure a large amount of money by going into an oMce in the middle of the day, when the proprietor has gone out to lunch and locked the door of the oflice, Hel f the safe span Yesterday moruing, about eight o'clock, larris Was at his old tricks at the ofice of Demas Barnes, 21 Park row, and he was luckily cat in the act by Benjamin D. Thompson, who had hia arrested before he had an opportunity to take any- thing. He was charged wit by etd and cule wy ing Leld him to answer, iu default of $2, i Thomas Brophy, Thomas Lynch and Michael Moloney, tree young “dock rats,” were caren, Sunday night, going through Dey street with two tubs of butter, worth about $60, A OMmecer tod ths of the Twenty-seveuth precigcl, Le arrested the three and batter was afterwards identified L 4 Woodrug wich t.. ing held sciaie cree re ee JEFFERSON MARKET POLICE COURT, An Inhuman Husband Charged by Bie Wife with a Hideous Crimc—Stcaliag a@ Coat. | . Robert Burns, a plasterer, forty-two years of age Was brougit up om complaint ‘of hia wife, charged with an attempt at rape on the person of hia atep- daughter, a child six years of age. ‘The certificate ota physician showed that the attempt had beem made, He was committed in default Of ball James Cummi: @ tailor, went to Charles Schwarz, one of his employer's customers, and claimed he was sent for a coat which was to be made up. This was given him, and Cummings and the coat disappeared untiléhe former waa huated up by an officer, James urged the purity of tits im. tentions wittinnch energy, but was comuitted te answer on the charge of grand larceny. BROOKLYN COURTS. CITY COURT—TAIAL TERM, A Clerk Recovering Damages for Slander. Before Judge leilson. James McMurray, @ Fulton street jeweller, dime charged from his employ a clerk named Edward Wiid. A few weeks thereafter MoMurray’s store was robbed of $3,000 worth of jewelry, and Wild was arrested on suspicion and locked up tn Jail fer @ month, While incarcerated, McMurray publicly said that he had enough evidence to send him up Jor ten zopauend that Wild knew the store was to be robbed. iid was released without a hearing, and instituted a suit against McMurray for slander, claiming damages in the sum of $20,000, The case was tried yesterday before Judge Netl- son anda jury. McMurary that when he ut- tered the words he believed them to be true, ead had good reason to. The jury rendered a verdict in favor of plaints r Itseems that the police arrested another for robbing the store, and that prisoner was to State Prison, COURT OF SESSIONS. A Gang of Alleged Burgiars on Trial. Before Judge Moore and Associates. The work of trying a number of alleged burglars, known to the police as the silver gang, from the fact that their chief booty was silverware, was commenced yesterday. Two of the gang- Michael O'Brien and Thomas Brown, both young men— were placed on trial on the charge of having broken into and robbed Joshus K. Graves’ house, 176 Wash- ington street, of $80 worth of silverware. The prin- cipal testimony against them was that of one of their own gang, William Higgins, who turned State's evidence. Higgins swore that he entered the house with the prisoners, by the basement, and; stole the propérty, which was afterwards sold to @ woman in New York at whose house the putup. Higgins is also under indictment. Coua- sellor Greata, for the defence, endeavored to vent his use as a witness in view of this in ment, but the Court ruled against It trans pired, on the cross-examination, that gins had once been sent to the Penitentiary for three months, but “he didn’t know what for.” The prisoners were convicted and remanded for eenieng ‘The balance ot thé gang will be tried at once. BROOKLYH COUAT CALENDAR. City CourRT.—Nos. 99, 49, 312, 287, 85, 160, 2, 281, 271, 305, 231, 213, 246, 819, 820, 321, 322, 323, S24, 825, 326, 327, 328, 330, 431, 332, 334, 336, 337, Be. THE JOHN STREET DIANOND ROBBERY. — The Official Report of the Police—List of Articles Stolen—The Mysterious Strans ger Who Called on Mr. Kcough—How the Robbery Was Committed—Detece tives at Sea. No new light has been thrown upon the diamon@ robbery at No. 9 John street, except the official re port of the police. It appears that in the planning it was one of the neatest robberies committed here in many years, and the way in which the men went to work was quite sufficient to baffle a much smarter police than that under Captain Caffrey. The robbery was committed on the third floor, rear, of the building No. 9 John street, and Messra, Ormsby & Keough are the victims, The robbers had undoubtedly secreted themselves on the roof, and when the various business men who occupy the building (they are all jewellers) had left on Satur- day night they began their operations, It is evi- dent that much of the habits of tne proprietors must have been known to the burglars, for of alt the safes in the building—and there were half @ dozen of them—they chose just the one which could not resist the attack of WELL OKDERED TOOLS. It was an old-fashioned safe of little practical value. Anumber of the headquarter detectives now have the case in hand, and, as usual, they say they hope to be very soon able to unearth a clew which may lead to the arrest of the thieves. But itis certain that nothing has been done as yet by them. Itissaid, though vaguely, that the prictor, Mr. Keough, remembers that some nid ago a stranger entered his place with ostensible parece of buying some jewelry. The stranger led the conversation to safes, Merc that he wished to buy one for the oa ea Mr. Keough had recommended several, and said, pointing to the old Urban sale in his office—the one which since been broken open—‘‘Tat one of ours is no good at all, anybody could break into it,” or words to that effect, and he added that he was going to et another in a few days. It seems, of courae, faprudens that he should have said this to a stranger ; but then, supposing him to be a customer, he had not the slightest suspicion. The value of the goods which have been stolen is $23,470. They consisted of the following arth cles:— a LIST OF ARTIOLES ion pe wenty-one diamond rings, si nes, $7,000; one paper of diamonds, $3,000; five camed sets, pins ‘and earrings, oval, $750; one large dia- mond stud, $700; one set (two studs), skeleton set tings, $350; one set (two studs), skeleton setti $226; one pair solitaire diamond earrings, H one. paper of small diamonds, $200; forty-eight amethyst rings, $1,000; har diamond and ame- thyst rings, $600; thirty seal rings, square, and black and red onyx, Say thirty-five stone camea rings, square and oval, $500; twenty garnet small stone rings, $150; one lot of roll chains, $400; forty irs cameo sleeve buttons, $2,000; twelve cameg jockets, gold, $600; one lot of studs, cameo, $100; two diamond and green onyx crosses, $40; one black and onyx and pearl cross, $20; one pair of cameo earrings, pink, $50; one pink cameo pin, $50; one lot of earring setlings, without stones, $400; one lot of stud settings, without stones, 200; seventeen unfinished single diamond rings, 170; one gold and gold fillings, $300; one oper ce English gold watch, Cooper maker, $50; on@ hunting case lever gold watcn, $30; one lot of almetiysts (square and oval), in package, $1,000; one lot of lay (oval), in package, $600; one lot of forty-eight seal rings, imported, without stones, 600; thirty-six stone cameos (oval and round) for pins and earrings, $400; five sets im) cameos, without stones, $200; one lot of seal rings, stones, onyx apd amethyst, emeralds, rubies blood stones, $1,000, The following PROMISSORY NOTES WERE ALSO STOLEN. One note drawn by Benedict & Bros. for three mouths, $315; one note drawn by Benedict & Bros, for four months, $447; one note drawn by Bencdick & Bros, for four months, $3,800; one note drawn by OU. H. Kelly for three months, $206; one note drawn by George Stable for two months, $217; one note drawn by Albert A. Lincoln for four months, $113; one note drawn by Alvert A, Lincoin for tive months, $113. ‘The oficial Sopp cates Caarey continues:— The rear room door containing the safe was entered by faise keys, and jocked by them on leaving. ‘The window and sash door separating this from the front room were darkened by oil cloth being thrown. over them, so that no light could by any means be seen from the street. ‘The robbers leit the building between the hours of 6:40 and 8:30 A. M. on Sunday by the frout dvor. The door had no marks 06 Violence, and was opened from the inside. ANOTHER BURGLARY. a ‘ The House of a Wealthy Uptown dent Entered and Valuable Property Stolen. On Sunday evening, between the hours of five and half-past nine, burglars, after having secreted themselves (so itis supposed) in @ vacant house adjoining, succeeded in making their way into the dwelling of Mr. Daniel Benrimo, 201 West Thirty- eighth street. Itis impossible to say at present how they got in, but it is supposed they made their way downward from the roof, as the scuttle was found forced open later in the evening. It may however, tl othe only escaped this way. TS burglars descended from the top floor to the — where there are several bedrooms, and through them, appropriating everything they coald find on their way, They happened to be very fortunate, os the famliy, of which only a smalk portion was at home, was in the basement at the time, and, singularly enough, the rooms were left alone and solitary all this time, No doubt, finding themselves unmolested, they descended one floor further, and entered the bedroom on the second story, Where they were aguin fortunate in inding anumber of valuable objects. They finally suc- ceeded in getting away with the following articies:—One pair of gold bracelets, $100; one ai aie my $75; one poe Mel sleeve ya $04 in cent 3 One pair gold eye glass dno gold watétt and chain $100 (stein winder) ; ome id watch and chain, $75; one roll of imoney, $10. ‘otai value Of the stolen goods, $610, No clew bas been found to the burglars,