The New York Herald Newspaper, October 31, 1872, Page 4

4 THE COURTS.| Sixth Day of the Trial of Mayor Hall for Misfeasance ip Office. THE DEFENCE. Mr. Stoughton’s Address to the Jury--- No Evidence to Convict. AN ELOQUENT APPEAL. “Whatever May Be Your Verdict My Client Will Be Justified in the Eyes of All Men.” 'The Prosecution to Sum Up To-Day. (BOSS TWEED IN COURT. District Attorney Garvin Notifies Him That He Is Not Wanted at Present, and He Retires. (MORE RING INDICTMENTS. James H. Ingersoll and John D, Farring- ‘ton Arrested—They Give Bail in $5,000 Each to Await Trial. Irae REGISTRATION PROSECUTIONS. | : he Prosecution Breaks Down in the Case of Francis P. Healey— . The Prisoner Discharged. \ AN EXTRADITION CASE. Mho Case of Dennis Noonan, Oharged with ! Forgery—An Adjournment, \ BUSINESS IN THE OTHER COURTS. { ‘B Reminiscence of Black Friday—Contesting the Will of the Late Judge McCunn—Convic- tion in the General Sessions—Ad- missions to the Bar—Decisions. Yesterday, the sixth day of Mayor Hall's trial, Was distinguished by it being the closing day of the defence. The court room was crowded, and @rith the exception of the entry of Ingersoll and Farrington, in custody of the Sheriff, on a charge Df fraud, and to give bail for their appearance, Yhere was no incident to keep this crowd together xcept the speech of Mr. Stoughton to the Jury. That was, however, sufficient in itself to eep alive the interest that has been manifested the case from the first. It was a very eloquent and heartfelt defence of his client, and differed mm the usual perfunctory addresses of this haracter, inasmuch as there was a strongly marked indication that counsel was thoroughly earnest in ali that he said. The reference the celebrated trial scene of Pickwick ws, Bardell, in the “Pickwick Papers,” toid well, nd the point thereof was easily scen by the au- Mience. The testimony borne to the character of the Mayor; the portrayal of the failure to connect ‘him with any fraud; his immediate and prompt ac- tion in trying to remedy the wrongs done against the city when they came to his knowledge, were Bll points that evidently told well on the jury. Mr. Wremain will address the jury for the people to-day. ¢: The great “Boss” made his appearance yester- Bay in the Court of Oyer and Terminer, responsive toa notification that he was wanted. It proved, however, that be was not wanted just then, but is Jixely to be as soon as the trial of Mayor Hall is Mnished. The all-important question is whether he ‘will be weighed in the judicial scales and then be found wanting or otherwise. *| Another of the “Ring” lions, Mr. James H. Inger- Boll, was one of the attendants yesterday before judge Brady. He came to give bail, with Mr. John ). Farrington, Jr., upon the joint indictment of ‘bribery found against them. \ The case of Lord Gordon has reached a finality for the present in the courts. It was expected that further testimony would be taken yesterday before Judge Fancher, of the Supreme Court; but il that was done was the signing by Mr. Smith, the Scottish witness of Gordon's exploits as Lord Glen- vairne, of his testimony as written out from the Vourt reporter's notes. In the case of Dennis Noonan, charged with forgery in Cnarieville, county Cork, Ireland, and Yor whose extradition an application has been made to the United States government, was brought up In the United States Commissioners’ Court. The mecessary legal documents had not, however, been received by the British Consul here, and the exami- mation was adjourned for a week. In the charge of false registration brought by Yommissioner Davenport, Election Inspector, Bgainst Francis P. Haley, fully reported in yester- Gay’s HERALD, the defendant satisfactorily proved his residence as registered by him. The prosecu- Yon having thus broken down, Healey was ais- charged. —_ MAYOR HALL. Bixth Day of the Trial—Specch of Mr. Stoughton for the Defence. The Court opened at eleven o'clock, and the trial ‘Of Mayor Hall was at once resumed by Mr. Stough- Bon addressing the jury on behalf of the Mayor. MR, STOUGHTON'S ADDRESS TO THE JURY. Mr. Stoughton said :— . GENTLEMEN OF THR Jony—I extremely regret that the umming up in this case has not devolved upon some one more fully qualified to discharge this duty. I shall, how- ut before you such views as I honestly en- only such Views of the facts as I believe are the character and allegations of at least one with uncontradicted evidence of his guilt. Let us consider for a moment what this charge is, nnd that it is made against the chief magistrate of a great vity, in which I have spent thirty-four years of my life, and pt the reputation of which I have as great an iiterest as ¢ learned counsel on the part of tlie people can feel. at are the charges? Why, that he conspired with Pome wretches in 1870 to plunder the city of five or six ilions of dollars. I was astonished when I heard the case tor the prosecution opened, that the learned counsel should state that this was a trifling of iow, fpatiemen, we all remember the circumstances un- ler Which these frauds burst upon the public ear and to avhich you have been listening. I rejoice as a citizen and B taxpayer that these frauds were brought to light, No artof the press, no individual who was concerned in ringing those frauds to light, but what has my sympa- hy. Tknow enough of this case to, say that the Mayor Pras as utterly unconscious of these frauds ast was. The worm of indignation arose, the prees denounced them ad the air was filled with the breath mitt fin: Wy. this man sitting by my side cused. He has been for two terms close trate of this city; he been elected mnd chosen by the pes District Attorney, and stood mong pee people distinguished for his moral altitude. ‘hen this blight came he walked in the valley and THE SHADOW OF DEATH; his wife and family ate the bitter bread of bitterness and vept tears of great sorrow. Was it surprising that he 4 the jury in this box, unchallenged as it was by im, as a day of bis great deliverance? There has been before you a certain class of evidence. (Mr. here quoted from “Wells on Evidence,” page ith the Garvey evidence.) ¢ law omy 1 that you should dis- vey waul¢ me*=* or denunciation, (Mayor Hall) was ‘as Chiet Mag- for three term: in. ee ee ag wel ve that evidence. Gail aad he told you | before you under Pete ba NEW YORK HERALD, THURSDAY, OCKOBER 31, 1872—TRIPLE, SHEET. Tad seme backsant flat Srounitangee tances caunorsay, t shall say rou tha there is nothing to be answe the de! lant evidence offered by man. Mayor came into Court yeste: and told the ting oflicers ce UPON. under harge alone; for [hardly need say to yee ‘t to give swer in tho way of evidence, is to de some’ Zaat that evi. r office. What was the offer that was made. donee was to fo, to you without any comment on eit side. But my learned friends would not consent to this; they ware not willing that you should receive it with- out GLOSS OF ARGUMENT that my learned friend (Mr. Tremain) who ts to follow me knows so well how to make; a circumstance, he be lieved, utterly unprecedented in this or any other coun. try. Now, qentiemen, don't you une tha’ peosecntion as abandoned that part of the prosecution hat charges that Mr. Hall ited in, frauds? But it is said by the learned counsel that the Mayor failed to meet with his associates. Now, is it possible that poli- tical with political animosity superadded, with p« Sonal hate, can even make. such a charge ‘against citizen? irit were true that it was a crime for Mr. Hall to certify in the absence of tis associates, was it not an offence of the very lightest character! make another inquiry? It is estab! that there 18 not the magntent Hall cithor participated or money, or had a knowledgo PRAUDULKNTLY APPROPRIATED. ‘Will you tell me what motive he had in assisting othors to plunder (he Treasury of this great city? Why, Mayor Hall had lived here along life. For 80 young @ his life had been vary ie & nd a mort useful one down to this hour. Now tho point of this was that the law con- cludes every man innocent antil he is proved to be guilty. So that in this case, in addition to being armed the the defendant, jollar was panoply of the stainless character of which to this moment was an unsullied reputation, there be ‘the support of the elementary pro; of ‘the Lind mein the stand the prosecution pl answer to inquiries from the defence, to connect, by cir- cumatance and evidence thereof, Mr, Hall with those bile, and with their Solaryement and manufacture by Mr. Davidson. When Mr. Garvey was on the stana there was the samo answer by the prosecution. Now, these pledges have not been fulfitled, and Tam free to say that unless you connect the evidence is UTTERLY INADMISSIBLE, Now, I believe that the loarned counsel made. this pledge Delleying: eine be. should be able to fulfil it. T believe that he had been instructed that such evidence had been taken. But the witmess when placed face with Mr. Hall was unabl accomplish his purpose, Remember the pledge, |W will by facts and circumstances that it was within the nowledge of tl jayor.”” I do not say that this is the result of any want of fairness on the part of the learned counsel, but as the result of the motive power that is behind the throne. I appeal to your recolicction whether there had been the slightest apa! this charge fe. This pledge was made w York, but throughout the h the nai ir. Hall had been made in- famous. If Mr. Hall Know in 1869 that Mr. Tweed was a recipient of part of this money and connived at this fraud then there was face NO DEGRADATION too low In connection with it, and no social disability too great for him to submit to. erefore it is that I say that there should have been evidence attainable better judgment, and fi repeat again development of these frauds and when they burst upon the publi Hall had spent mare, than twelve years in official life. We what wi he do when’ these charges first appeared? of 180 his appoin' m He went hand in hand with those who were desi- rous fo correct these wrongs, so far ashe was permitted to fo, There soon sprum3 up a general fecling of jealousy, and that the reputation for reform ought to be enjoyed by those who started it. I only called Four attention to this fact that he was walking in his robes of office free from blame until these astounding charges were made, It is sald that he ought to have known that these bills were fraudulent. Well, it has always appeared to me that accounts of this kind of work, CARPENTRY AND MASONRY, were large. Counsel had the advantage of the parlor ws rior; they could enlarge after the din and smoke of ba had cleared away. Mr. Stoughton here referred to the obli- gation of Mr. Hall to suspect his associates, and repudiated the proposition that any obligation was resting on him, The discovery of fraud is always a surprise. ‘The bank officer does tiot suspect the fraudulent book entrios till thoy are shown. Was he to be held criminally because he ‘had failed to suspect Ms follow officer? And when people are associated together for a common pur- pose the community of interest tends to pre- Vent suspicion. Suspicion comes most o!ten of a guilty I wish to call attention to this little piece been spoken of. My learned friend, i dl occasion to. refer fo presonts in Mit campalgn speeches, and 1 certainly wish him success; I am glad to sce a return to the old fashion of returning mon of his character and ability to Congress. I say that he has had occasion to refer tothe fact of the receipt of presonts by a certain distinguished person in this coun- try. And imy learned friend has asked thos: whom he has addressed whether the receiving of a present was ‘A PROOF OF FRAUD, and he has replied that it is not. [quite agree with him. The use that the other side has made of this present re- minds me of the celebrated trial of “Bardell vs. Pick- wick” in which “the warming pan, chops and tomato sauce” were made proof of Mr. Pickwick’s intentions, Now this silver was not sent to Mr. Hall, but to his daugh- ter, whose birthday it was. Mr. ‘Stoughton here pointed out the dilemma of the prosecution which complained of Mr, Hall for not signing, and then blamed him for sign- ing. Now this note which was written acknowledging the receipt of this silver was not produced, but its were told you by this man Garvey. ' The warrant in question was for $40,000, and Jt was signed by the Co troller and by the broper officers whose duty it wi examine it. It was work done at the Reservolr opposite Mr. Hall's house, and although it was no part of his duty to audit the account Mr. Hall took this warrant home with him and endeavored to satisfy himselt that this work was done. It was the Engineer of the Croton Department who was in charge of that work. ‘There was nothing before him to cause the slightest suspicious. It was also said that Mr. Hall had asked Garv ws KeED'S MONEYS 1”? What inferén eit fo. driw ff was Deputy Street Commissioner A the a wy ¢l His man of the Board of Supervisors, What an argument this was-becnuge he received a Present in 1971 he know that these warrants Were fraudulent in 1369! Mr. Stoughton commented at length upon that part of th evidence of Garvey that related toa conversation at Mr. Hall’s house, and ‘said that, viewed In connection with that of Mr. Smedley, it did seem very unlikely that if Mr. Hall was a party to the fraud he should recomend Gar. yey to sue the clty. I really don’t know on what evidence ny learned friend on the otner side relies to show that the Mayor had a guilty knowledge. Mr. Stourhton then went through the several counts of the indictment, It being now half-past one, a recess was taken. After the Recess. Mr. Stoughton resumed, dealing with the statute defining what is wilful negiect of oficial duty, In tbis connection be said:— Ifa public officer wilfully neglects a duty devolving upon him by the statute, that is an offence against the statute; but if in performing it he performs it without sin of thought or intention, that is not a crime—certainly not, To flustrate: suppose that this Board of Audit had met, as they did meet, on the 5th of Ma; they had passed a resolution reading t Auditor ts hereby. required to collect certifted copies of all such judgments as tained against the county on claims existing prior to April 26, 1570, with a certificate showing that such judg- ment existed on record.” Suppose that theso Judgment amounting to a million, had been presented to the Boal of Audit In pursuance of that resolution—the declaring that nothing ‘short of such authentication claims would be acted on by the Board. Suppose such sadigmients: had been presented first to Twe: and Con nolly, and after inspecting them they signed them, find- ing them just and Rroper, according to the evidence, and to the measure and quality of proof they had all agreed should be required to establish the validyt of the claims; supposing that Tweed and Connolly did sign certideat of audit tor these claims, declaring them In accordance with the resolution the whole Board had passed, and the Papers are passed to Mayor Hall and ho signs them, is thi an offence? Now, if he had refused to sign them and tully failed in’ the pertormance of the duty upon him—which was to audit these. claims—he would be guilty of a misdemeanor. Did he in such a case and under such circumstances wilfully neglect to perform his duty to audit? At that time there existed no judgments against the county, and no Court had authority to enter judgment on those claims. Was he to be told, therefore, that the meeting of the Board of Audit ot May S—determiining what should be the quality and measure of proof to satisly thom as to the correctness of the claims, and without which they would not look ata bill—that that was a proceeding contrary to Jaw, or tantamount to a :efusal to periorm the act of audit? Suppose that all the bills had been tair and just, according to the theory of the prosecution the alleged offence would still exist, because he fairness or untairness ot the bills is not now In ques- tion. The charge is that he refused to audit. As I said, there could be no suit brought against the county because ny da Ce Be ar Sone ‘gps epreme in determining Is against e county. ie rd of Andit had to deal with old bills, best evidence of the correctue: Hailframed the resolution, which was adopted b; Board of Audit, of which he was a member. That reso- lution sald :—We require the County Auditor (a sworn officer) to put his stamp on the bills after their justness had been determined. We require the County Auditor to bring to us every bill that has been passed upon by the Board of Supervisors—the only tribunal having power to audit and allow the claims to be brought against the county. For no sult could be brought against the county, the Board of Supervisors alone having the powor to de: termine what claims were just and should be paid. The joard of Audit exacted by that resolution that the 4 thoir approval certified by the President of the Board an cir a] ‘oval ce led by the Prosident of orsu errs by mercer oat body, Wall IC be Asse! 1¢ Board of vi: the justness of ee ‘ote wer it lence was not supreme authority in the matter? The statute gave them no rule of evidence to go by, butleft it to them to determine what should guide them in auditing these claims, After the Board of Au paged upon claims amounting to six millions, the Board of Supervisors—compored of, twelve men, sx 0 whom Were democrats and six republicans, so that there might be a fuir division, politically speaking, and that there might be no reason ‘to complain by the adherents of either party that they were unfairly th: Board, so coniposed, passed upon some se lions. That Board was created in 1857, and was from thi onward the sole judge of the validity and justness of the have been ob- { claims presented against the county. The Mayor of the Mr. Hall, a member of tl required, ag @ matter of evidence in quantit quality, that that ail bills presented to the Board of Audit should be first shown to have been passed upon. by the supervisors. Now was that evidence that he was devising fraudulent claims against the county? Suppose the old bills, which the Mayor had supposed were before the Bourd r i were presented to the Board of Audit and a 4s asked for trom Your Honor to compel the of these bills certified by the County Auditor and iby the Comptroller, Your Honor, acting as Judge, woul! be compelled to concede that it was your duty to take such adjudication of the Bourd of Supervisors and to act officially on it and to grant such mandamus to com- ment. | This being so, can it be said that the Board f. by thelr resolution! requiring Just auch evidence ‘these bills, acted criminallyr Has the Mayor, in WW of the case, been guilty of any fraud oF failure of duty in requiring "and accepting the very same evi dence as required in and by that resolution? It was an enaction of the quality and measure ot proof and pot at all ‘A DELEGATION OF AUTHORITY idence was to be submitted for thelr signatare and nthe bills. It was not the duty of counsel, in an fort to convict a public ofiicer tor misfeasance in office, to interpose technical rulings of the law, but to go upon substan'ial railings, It 1s an inflexible presumption of the Jaw that when a duty ig cast upon sone persons to be erformed by them that they have performed it, unicss here isa certain species of proof—which does not exist in this case—to overturn it, Tho legal presumption here is, that we did not. And examine those bills, Is the signing of these bills'@ judiclal act after it had been de termined that they should be paid? Suppose the Board on another occasion had met and, determined that when- ever evidence of a certain specified character was pre- sented they would andit and certily the bills, ts it possible that, after determining that the mombers'ot the Board separate, and one tolls the others to prepare the cert cates of audit, and, after they having signed them, to send thom to him afd be would sign them, that that is a criminal offence t Mr. Stoughton then READ PROM THR MERALD Judas Leqnard’s devigion ip the mandamus caso against the Comptrolter compelling him to pay old Shame of certain oMcials in Tie ee of Oner and Terminer, which had been passed upon and certi- fled by the Board of Supervisors. This was a case in it and upon the attention Court uatalaing tre postion of tue derence. The of Supercars by ye ‘action e compels poard nd sdinge Halt all this ume? juous duties as Mayor and Watson was the County Hall, but by the Comp- ointed by ihe Board of fall wrote the resolution before rN cer elected by the people. Auditor—not appointed py Mr. ‘er; Woodwai Clerk, a) f he would pass upon a claim, was he to s1 there would be presented to him fale and papers Gentlemen of tho jury, ace yourselves in is position and surroundings, and fell me if have dared to suspect iblic officers, placed around iments to perform high and of you, gentlemen—placed as fot you have dared to ‘snored du Mayor Hall was plac: would any of you ppapect those men, placed there by the same authority as that which placed you there ? Was Mayor Hall to sus- fohave do men? per a an outrage for him ave done so. n those bills were presont for his signature, and he. was assured that they had al- ready been passed w the only Board competent to maga them and cer! them, and the bills themselves ing evidence that they had’ been 80. pi upon, then, I'say, he acted pot ‘abundant evidence. Where, gel n of phe lary, the evil intent? Where the cor- Tupt mind of the Mayor in this matter? Where do you find anything but FORTUNE TO HIMSELF AND HIS these transactions? Who has pesaitied | en he signet the: it Twos irman had contin: at these bills had passed the Board of Super’ when ey had not so passed? Where do ‘on find a breath staining the fair famo'of the M. in his respect? An insinuation or false of a knowledge on ps part Shak oll Lays oon Fight reed Cay proper could not by any honest inferenc R a is groat oi nds cl 0) - gatos ust aud prosecuted s0-determinedly an na lentlessly, I feel t A LONG, BLAMELESS OFFICIAL LIFE ought to have beon dealt with more tenderly. Ihave confidence that whatever you may have read heretotore, whatever you may have thought heretofore, whatever suspicion or apprehension you may have entertained eretofore—I have confidence and I hope and believe that by the light shed upon your minds by the proceed- ings had here before you all doubt, alf suspicion, all Sporehensions. have been dispelled, and that you now be- live in the innocence of the accused. Let, us not inflict a kind of wiid justice—a kind of brutal justice—a justice which the savage only is capable of, and who for some fancied injury will take the scalp of his friend. Because one or two officials turned out derelict to their high trusts and proved themselves wicked do not let us Join in this wild, licentious clamor against a man who comes here and opens bis whole heart tous and puts himself upon a jury of his countrymen for honorable vin- dication and deliverance, Iam shocked that aman STAINLESS OF ALL OFFENCE against the law should be charged upon technicalities of au offence which might consign him, to say the least, to soclal exile, while Andrew J. Garvey 1s allowed to walk the streets of the city he defrauded, protected by the State, When this trial is ended-—whatever inay bo your verdlet, gentlemen-Mayor Hall ia justified by all that has appeared on this trial in the eyes of all men; but I am, however, confident that by your verdict he will return to his home'a happier aud prouder man than he has entered it for a year past. Mayor Hall shook Mr. Stoughton warmly by the hand when he had closed. ‘The Court then adjourned till this morning. TWEED IN COURT. District Attorney Garvin Notifics Him that Ho is Not Wanted for the Pre- sent and He Retires with His Counsel. The fact having been published that Willlam M. Tweed had been notified that he was wanted at the Court of Oyer and Terminer yesterday morning caused a larger gathering than usual in the court room. Those who went there to get a sight of Mr. Tweed were not disappointed. With charac- verano, Dron aide the “Boss” put in an appear- ance, COORD AL ING him were his counsel, W, 0. Bartlett, John E. Burrill, and several personal friends. He seemed in the best of spirits und nod- ded smilingly to his old acquaintances. His stay, however, was very brief. Scating himself at the table he signed a paperand then left the room. One reason of his hurried departure was a notitica- tion from District Attorney Garvin that his pre- sence then was not required. His counsel were told that they would be served with a notice when he would again be wanted in Court, MORE RING INDICTMENTS, James H. Ingersoll and John D. Farring- ton, Jr., in the Court of Oyer and Tere miner=They Give Baill in $5,000 Each to Await Trial. Another of the exciting events yesterday before Judge Brady was the appearance in Court of James H. Ingersoll and John D. Farrington, Jr, They came into Court, however, under the escort of a R uty Sherjd, Mr, Elihu Root said, addressing he Court, that they were ready to give bail upon the indictment recently found against them. He thought that $5,000 bail, required of each, was too much. Judge Brady (promptly)—I don’, tldnk it any too much. Mr. Root, finding his hopes upon the point of a reduction in the bail thus abruptly nipped in the bud, sald that the accused were ready to give bail in the amount required. He asked, however, that an early day be set down for thelr trial. Ex-Judge Fullerton, who also appeared as their counsel, said they did not wish to be taken by sur- prs, and pressed the application for aw early trial. Judge Brady satd he could not fix any time then, but would be able in a day or two, after it had been decided whether to continue the present term into next month. The above matter settled, the accused, with their counsel, and a Deputy Sheritf following ciose on their heels, went to the District Attorney’s office, when the required bonds were at once drawn and signed. Mr. Jonn Schnelder became their bondsmen. Quite a crowd followed after them, made up, of course, of those curiously inquisitive to get a good square look of the historic furniture purveyor for the new Court House. These eee are held on a joint indictment for ribery found on last Saturday by the Grand Jury of this Court. The papers set forth that in December, 1870, Mr. Farrington made out a bill sor $16,138 40 for supplies furnished the Court House, the bill purporting to come from Heath & Smith. It is alleged that Mr. Ingersoll, who at the time was one of the Court House Commissioners, procured the passage of the bill, and that Comptroller Con- nolly drew a warrant for tie amount. REGISTRATION PROSECUTIONS. The Government Charge Against Fran- cls P, Healy Breaks Down and the Prisoner is Discharged. Yesterday the case of Francis P. Healy, who had been charged with falsely registering his name as a voter at 268 Mott strect, was resumed before Com- missioner Davenport. Mr. De Kay appeared for the prosecution, and Mr. Healy defended himself. THE TESTIMONY RESUMED. Robert Griffin, a tailor, residing at No, 258 Mot Street, stated that he had lived there for about two years; about two years the coming New Years; had seen the defendant about the house for the last twelve months; he knew him to be in and out of Mrs. McKenna’s at No. 258 Mott street; never saw defendant in bed there, but, as far as witness could understand, defendant lived there. Cross-examined.—I have seen defendant there backwards and forwards during the last month; on Saturday evening last I saw him there; he was up at my door; that was about seven o'clock; I did not visit him; he visited ‘me; he lives there as far as I can understand. Bartholomew Harrington, being sworn, deposed that he lives at 258 Mott street; he has lived there something over a year; knows defendant, Francis P. Healy, by sight; has known him pretty much during the last twelve months; has seen him around there, and knows that he is lodging with | Mrs. McKenna; had scen him getting out of bed there, The witness was not cross-cxamined, Mrs. Eliza Walsh, of 29 Prince street, deposed th: she had known the defendant about eight month: she has had occasion to call on Mr. Healy on bu: ness at 263 Mott street; the last time, as she recol- Jects, on Thursday or Friday; he was living there at that time. Not cross-examined. Mra, Annie Wool deposed that she had lived at 258 Mott street about twelve months; she is living there now; she had been acquainted with the de- fendant going on two years; she saw the defendant living, getting his meals and in bed there; “And that,” added the witness, “looks very like a home,” Mrs. Ailce Rush, of 278 Mott street, corroborated the testimony of the previous witnesses, Mr. Healy was about call another witness, named James Kelly, to prove residence at 258 Mott street, when Commissioner Davenport said to him, “Do you think there is any Occasion of going torwara?” Mr, Healy said he had another witness to show that he was at No. 253 Mott street as late as Friday night, when Mr. Kelly, who tends bar for Mr. Ryan, went up there to leave the keys of the store for the person Who was to open it in the morning, James Kelly was sworn and deposed that he lived at No, 278 Mott street; he tends bar for Mr. Ryan, and has done s0 for the last fiteen months; for the last three months he has known Mr, Healy to reside at No, 253 Mott street, and he saw him there as a lodger in the house as late as Friday te at one o'clock, When witness went up there 0. leave the keys of the store, Mr. Healy said :—“If your Llonor ts satisfied after this evidence that MY RESIDENCE HAS BEEN FULLY MADE OUT, Iwill stop here. If not I will call several other wit- nesses. Commissioner Daveupork reniied that the evi- dence went to show the fact of Mr. Healy's resi- dence at 258 Mott street. It appeared from the evidence that the officers, as it was their duty to do, made an examination in company with you and eae Oo ware informed that you were not a resi- dent the house, the room being the Mars! with you for the of making proper inquiry as to whether you resided there, received @ statement that you did not; but the witnesses say that they did not refer to you, but to @ man across at the crores, side of the room. It is possible that they think so. The fact of face residence is pretty clean y etabanes, and nothing now remains for me but to discharge you. The defendant then left the room with his friends, me jcomerprniaad him upon being restored to his rty. Another Charge of False Registration— The Accused Testifies on His Own Be- halfTho Examination Adjourned Till To-Day. The United States ve, Timothy Norton.—The de- fendant, a8 already reported in the HERALD, has been charged with fatsely registering his name as @ voter at No. 81 James atroet. Yes- terday, additional evidence having been given in the case, before United States Com- missioner Shields, the defendant availed himself of a decision rendered some time since by Judge Blatch: tothe effect that in a preliminary examination before a United States Commissioner ina al cause an accused person may testify on bis own behalf. The defendant said that for four or five days before he registered at No. 31 lames street he had been on “a drunk,” and on fone back there to see a woman with whom he ved, he found that his effects had been sold out or removed, He then went to No. 48 New Bowery iene Grant House) and registered at that place, hen he went before the officers to correct the mistake he was arrested and taken into custody on the present charge. The further hearing was adjourned till to- wh ait era day, when additional testimony AN EXTRADITION CASE. The Charge Against Denis Noonan—He is Accused of Forgery at Charleville, County Cork, Ireland=The Hearing Adjourned, Yesterday Denis Noonan, who had been dis- charged on awrit of habeas corpus in the State Court, on & charge of having committed a forgery on the National Bank, at Charleville, county Cork, Treland, was immediately arrested by R. R. Colfax, Deputy Marshal, and taken before Commissioner Osborne, to be dealt with under the extradition treaty existing between Great Britain and the United States. It will be remembered that the accused was ar- rested on the 22d inst. by Detectives Tully and Dilks, of the Central Police Station, on board the steamer City of Brooklyn, on her arrival off the Quarantine landing. ie accused (Noonan) was among the steerage passengers. The officers had a cable despatch, which was addreased by Sub- Inspector Mullarky, of the Royal Irish Constabu- lary, to tne British Consul at this port, stating the nature of the offence alleged against Noonan, giv- ing a description of his person, and informing the Consul that Noonan’s wife had sent a message to parties in New York to take a boat out to the Steamer on her arrival in the harbor and fetch the accused away. This latter information kept the officers closely on the look out, and they boarded the vessel before avy such plan could be carried into effect. Yesterday when the case was brought to the attention of Commissioner Osborn, Mr. F. F, Marbury stated that he appeared as counsel in the case for the British government, and he was satisfied to adjourn the examination to this day week, with the understanding that if the pares arrived by an earlier day he would notify ir, Howe, Noonan’s counsel, to that effect, and proceed with tho inquiry, Mr. Howe replicd that he had no objection, un- less Noonan objected. Mr, Noonan said he would leave the matter with his counsel. Mr. Marbary—Tho moment I can proceed I will notify Mr. Howe and also notify the Marshal to have the prisoner in attendance. Mr. Howe—I consent to the adjournment of the case for a week. 1 will go on sooner with it if you are ready; but the understanding is that I shall move tor the discharge of the prisoner on this day weekaf there be no testimouy oilered then against the accused, ‘The proceedings were accordingly adjourned, BUSINESS IN THE OTHER COURTS. ~ ta tee UNTED STATES CiacuiT COURT, An Action on a Gold Transaétion=& Reminiscence of “Black Friday.” Before Judge Shipman. James 0. McAndrew vs. Frederick M. Lockwood and Charles T. Davenport.—The plaintiff sought to recover $30,000, in gold, which he alleged he loaned o the defendants, on greenback security. The de- fence was a gencral denial that the money was ever loaned, This is one of the cases arising out of the well-known “Black Friday” excitement in Wall street, so often referred to inthe HERALD. The jury, by direction of the Court, found a verdict for the defendants, SUPREME COURT—GENERAL TERM. Applicants for Admission to the Bar. Applicants for admission to practise as attor- Neys and counsellors-a!-law must file their applica- tions on or before the first Monday of November with the Clerk of this Court. SUPREME COURT—CHAMBERS. Decisions. By Jadge Fancher. George H. Forster vs. Benjamin P. Fairchild.— Report confirmed and order granted. udah Price vs. James A, Forman.—Motion granted by defauit. By Judge Ingraham. George Johnson vs. Mary Garland et a1.—Motion granted, James H. McMillan vs. William H. Williams.— Motion denied and injunction dissolved, SUPERIOR COURT—SPECIAL TERM. Decisions. By Judge Sedgwick. Henrietta Mazzoctic vs. Christopher C. Maz- zoctic.—Ordered that the case be sent back to the referee to take further proof as to the identity of. ae aes and the commission of the alleged adultery. aoe Eisner vs. Philip Nussbaum.—Order granted. John F, Noeff vs, Mary Goodkind et al—Order denying motion. Henry Sondervooren vs. Moses Ritterhatts.—Order appointing commission granted. COURT OF COMMON PLEAS, By Judge Robinson. Murphy vs. Gorrell.—Motion to open default de- nied, with $10 costs. SURROGATE’S COURT. The McCunn Will Case—Can the Rela- tors Establish Their Relationship to the Deceased in His Lifetime t The hearing of the McCunn will case was con- tinued yesterday before Surrogate Hutchings, The first question to be decided in the case is whether the relators, who claim the right to have standing in Court as relatives of Judge McCunn, can establish the relationship in question, Some of the relators claim relationship through Mark (now dead), an alleged half-brother of Judge McCunn, the other relator being Elizabeth, an al- leged half-sister, and her children and grandchil- dren, proponents of the will aver that Judge w The McCunn had no legitimate half-brother or sister, The relators produced witnesses who testified to having heard that Mark and Elizabeth were half- brother and hali-sister of Judge McCunn. The case was then adjourned, COURT OF GENERAL SESSIONS. A Burglar Sent to the State Prison, Before Recorder Hackett. The Court met yesterday to dispose of motions and other business. William Lee, who was convicted of burglary, was sent to the State Prison for three years. The Grand Jury not having finished their business the Court adjourned till Friday, TOMBS POLICE COURT. Among the first cases on the calendar yesterday morning was that of three canallors, from the canal boat Phoebe Ann, of Lockport, The three of them wandered ap the Bowery Tuesday night and drank a large quantity of the bad liquor sold on that thoroughfare, When they reached their ves- sel they fet engaged in @ general row, and all of them suilered more or less from the mélée, One of the disputants, named Nathaniel Bailey, pre- ferred*a charge of assault and battery inst the other two, named Joseph Leary and John Mack, When they were brought before His Honor Judge Dowling Leary and Mack made a counter charge against Bailey. Leary had his head all bandaged up with so many cloths that the Judge thought he would see the extent of the wound. “Take off those cloths,” said the Judge. The baydered Iman immediately commenced to wind, linen he e: v instrument, a wound that might easily be hei with @ piece of court plaster. ee Dowlng—t don’t think you sre very badly sr ‘Leary—He would have taken my life if he could. Batley—Judge, the two of them were beating me to death; they are bad men; I never ted with them before last nignt, for I knew they just got out of the Albany Penitentiary. Dowling—You better all go back to your ship and go to work. So the “look-out,” the “steerer” and the “driver” of the boat Phoebe Ann left without more ado. Henry Horton, the confidential clerk of Lord & Bin bong the full account of whose case was pub- lished in yesterday's issue, was then arraigned. Mr. George W. Lord made a complaint of grand larceny against ‘88 did also Detective Bennett. ‘Through Mr. Boyd, he waived exam- ination and offered ei Dowling fixed it jut as yet the; been arrested. 3! ‘ z sae setae, eas ett EY SEFFERSON MAIKET POLICE COURT. A Navy Surgeon Induced to Visit a Gambling House—He Loses His Money and Watch and Makes Complaint. Edward M. Stein, an elegant-looking young gen- tleman, who announced himself a surgeon in the navy on leave, appeared before Justice Ledwith yesterday and ‘made complaint that he had been victimized out of his watch in a gambling house on Waverley place, kept by Robert Hudson, then present. He stated that he was accosted on the street the day previous by a man of gentlemanly address, who mistook him for Dr. Arnold, of Virginia. Now, Dr. Stein was from Virginia and a very pleasant conversation in refer- ence to the Old Dominion followed, ending with the usual invitation to drink. The Doctor was finally induced to accompany his new-found friend to Waverley Place, where he was induced to bet on “English hazard,’ with assurances that he would not lose. Nevertheless he did lose the small amount of money he had anda gold watch valued at $100, wherefore the Doctor claims that he was swindied and makes complaint. Hudson was held to answer the charge of keeping & bling house, eee. Doctor in the sum of $100 to appear as a AN ATTEMPT TO ROB AND MURDER. Felipe Zanze, residing in Wooster street, com- plained of an Italian named Louis Betinarde for an attempt to rob and murder. The evidence showed that the previous night, about twelve o'clock, Zanze was aroused by his wife, who stated there Was some one under the bed, He arose and went into an adjoining room fora revolver, and as he returned saw the prisoner jumping out of the win- dow, leaving his hat behind. There was found under the bed @ most murderous-looking weapon, which comprised a revolver and a knife, with two dirk blades, which opened with a spring and with suf™i- clent force to pierce the body. The prisoner was in the habit of visiting the house. He was found next morning in Greene street and arrested. Held to bail to await the action of the Grand Jury. HAIR FROM THE DOG THAT BIT HIM. An Englishman, named White, complained of having been bitten by a dog belonging to ‘English Harry,” who keeps a place on Greene street, The Judge ordered the dog shot, which Harry under- took should be done. The complainant was ver: anxious to take the dog and shoot it himself; and, after some inquiry, it came out that he desired to take some hair from the dog, place it upon the wound caused by the bite and then shoot it, 80 preventing any evil offects in the fuyure. His Honor could not see the propriety of this, and directed an officer to be present at the dog shooting at tive o’clock P. M, YORKVILLE POLICE COURT. Shooting by a Marshal’s Deputy. The shooting of John Masser, a baker, at No. 778 Ninth avenue, yesterday morning, was the cause of considerable excitement in that neighborhood. Various stories concerning the affair were in circu- lation, some justifying the shooting, while others condemned it as being the result of a brutal ruf- flan’s uncontrollable passion. The facts as they ap- ear from both sides are these:—A few days a fudgmont for $93 was obtained in the Seventh Dis- rict Civil Court (Justice McGuire) by Jeremiah Crow- ley, contractor, against Masser. The contents of his store were levied upon by one of the Marshals of the Court, who appointed John Dwyer, a man whose looks are anything but agreeable, to take charge of the place till the sale should come off. Yesterday morning Masser and two 80! not relishing the idea of their store being sold out, made an attack on Dwyer, who shot him in the left Toroar he Dwyer was arrested by Officer Cottrell, of the Twenty-second ee and Police cope ti Warren attended lasser. An effort ‘Was made to extract the ball, but without suc- cess, and the consequence is that the wound may prove fatal. Dwyer was arraigned before Justice Bixby, at the Yorkville Police Court, in the aiternoon, but was remanded te ayaltt @ result of Masser’s injuries, because of t! certain nature of the ound. same ees dalng Counterfeit Checks. About a week ago Edward R. Ferguson, of 311 East Fifty-first street, went to the American Insti- tute Fair. While there he partook of a hearty dinner at Seaman’s restaurant, and drank no small share of champagne with it. in payment he gave check on the Murray Hill Bank for $75, which Mr. Seaman did not for a moment doubt was genuine, so respectable was the appearance of the portly Ferguson. It was however, and Ferguson Was arrested yesterday by Detective McGowan, of the Nineteenth precinct, who took him before Justice Bixby. The officer informed the Court that there were several other charges of the same nature to be brought against the prisoner, and asked time of the Court to develop tnem all. Ferguson was Son cinely remanded back to the station house. Within the last week five worthless checks have been presented at the above-named bank, and five more at the Bull’s Head, waa from at dollars to one hundred dollars, of the torging of al of which the prisoner is suspected. BROOKLYN COURTS, UNITED STATES DISTRICT COURT. A Question of Freight. Before Judge Benedict. Henry W. Race vs. 9,681 Dry Ox Hides, &c.—The facts out of which the present controversy arose are not in dispute. Gardner B. Perry shipped on board the bark Ada Gray, then lying at Buenos Ayres, a quantity of hides to be transported thence to New York, The hides were taken on board by number, and the bill of lading acknowledged the receipt of 9,681 ox hides and 478 kid skins, which were to be delivered to Brown Bros., New York, who were to pay for the hides 5 per cent United States gold per pound, with 50-100 primage and average accustomes. The goods were de- livered on the payment of $1,515 79 primage., This amount was arrived at by taking 230,977 pounds as the basis of calculation. The consignee disputed the right to demand freight in this way, and de- manded the hides be weighed when landed. The usage of this port, as shown by the evidence, con- forms to this understanding of the contract, for it is proves, not to be customary to pay freight on hides by the invoice weight, but according to the weight delivered as ascertained by Weighing. This appears to be 224,002 pounds, from which results Foigne one Primage due $1,427 11, instead of The decree will bein favor of the libellant for She Bret gum, and they clearly are not entitled to costs, ‘UNITED STATES COMMISSIONERS’ COURT. Troubles of Toilers of the Sea. Before Commissioner Jones. Thomas Harrison et al. vs. Hugo Waslelager.— This action is brought by seamen of the bark Nicaragua against Captain Waslelager. The plain- tiffs allege that they were induced by a man named Lewis to ship on this vessel on the 18th of May. They were told that she was destined for Aspin- wall for a cargo of bark. They signed articles to receive $15 per month as wages. Instead of pro- ceeding to Aspinwall, however, they were landed on an uninhabited island in the Caribbean Sea, and there compelled to dig a@ cal of guano for the icaragua. The vessel left them digging no on the island, and proceeded to Aspinwall, where she was absent for six weeks. The men were promised $30 per month for this work. This was not forthcoming. They further Aliege that the defendant threatened to use vio- lence to compel them to remain on the island. It is claimed for the defence that $15 was all that was oor the men, who had ed to remain on he guano island to load another vessel. Waslelager was arrested ay eatercay, and his ex- amination is set down for November 6 before Com- missioner Jones, CITY COURT—TRIAL TERM. Indecent Assault by a Landlord. Before Judge Netison. Mrs, Rose Detwiller, a married woman, living in the tenement house 881 Warren street, yesterday sued James McGovern, the landlord of the prem- ises to recover $5,000 damages for an indecent as- gault, The story of Mrs. Detwiller, who ts about thirty-five years of age, was to the effect that on the 7th of June, 1871, the defendant encountered her in a hallway of the house, tang 4 after Cot | indecent proposals to her, seized her and carrie her into her room, where he attempted further in- Me teite eeapbe tgetel ics ance, and dur! the struggle 61 on eaovernte head and tore his vest from The = was exhibited to the ju » she anally from him an down 8 us his vest. The plaints asad, who ts @ shoemaker, proposed shoot McGovern, but Mrs, Detwiller persuaded bun to rofrayy from violence. Counsellor Keady ”, about two hours, iy eke favor of plainti(tfor $30 phage rect ‘0, Place appeared for the defence. Kitchen Con ~ Miss Nancy Wilsom,.* “alten fair, fat and— fifty, 1s the proprietress ot ,.* spoke iter shop at 406 Court street. She was form "Y ® Cook in the household of the late Rufus Lord, ». Wealthy gentio- man of New York, and there made y,"° #quaint- ance of James Chappel, the steward of t.|? estab lishment. This was three or tour years ago. ames ‘was rather comely, and the two being —, thrown together in the performance of h duties, he soon captured the cook’s heart. According to Nancy’s statement the result was that the stew- ard parked the question and was accepted. After while Mr, Lord, the proprietor of the house, died, 1d Nancy engaged elsewhere, The effect of her separation from the steward was that his affection toward her diminished, and she subsequently ascer- tained that he had married another woman. Misa Wilson thereupon brought a suit against him for breach of promise of marriage, and claimed dam- ages in the sum of $3,000. The trial was commenced Ta afternoon. The defence is a genera) ent COURT OF SESSONS Convictions and Sentences. Before Judge Moore and Associate Justices. William H. Clark, indicted for burglary, pleaded guilty to grand larceny, and wag sentenced to the Penitentiary for one year. Mary Hawley was sent to the same institution for ten months for keeping a disorderly house im Ainslee street, E. D. Joseph Connolly, a river thief, forstealing from & lghter in Greenpoint, was sentenced to imprison- ment for three years. Joseph Hendrickson was sentenced to eighteen mos imprisonment for burglary at 161 Fultow ie COUNTY COURT. A Model Commitment. Before Judge Moore. Justice Eames, of the Fifth District Ceurt, on the 12th inst. committed a boy named Hugh Reynolds to the Penitentiary for six months for acting ina disorderly manner in the street. Yesterday Coun- sellor Demsback asked for his discharge on the ground that the commitment was defective, as it specified no offence. Judge Moore said that it might as well have stated that the boy had whistled or thrown up his hat in the street. Tne commitment was plainly de- said he could not do other- the boy. Reynolds must have been doing something, and in the future he had better be careful how he behaved himself. UNITED STATES SUPREME COURT. Charges of Intended Fraud Against Tobacco Manufacturers—The Non-Paye ment of Taxes ani Non-Compliance with the Internal Revenue Regula. tions. WasutnorTon, D. C., Oct, 30, 1872, Nos. 179 and 180—Dirst, vs. Morris—Error to Cir- cuit Court forthe Northern District of Iilinois.— This was an action of ejectment to recover certain real estate in Illinois which had been sold in par- ‘suance of a bill filed by the United States to fore- close a mortgage held in the name of the Solicitor of the Treasury, and which was executed by one Russell, in 1837, to secure the government against the loss of an indebtedness of about fifty-flve thousand dollars, Both partica claim titie from Russell, the plaintif, io error, through others of his vendees, and the de- fendant in error claims through the title obtained by the United States by the foreclosure of the mortgage. Upon taking title from the vendees of the government, defendant in error found other parties in possession and brought this action te oust them. The judgment sustained the title derived from the government, and the writ of error is to reverse it, the argument being that as the plaintiff in error holds title under pee who pur. chased the equity of redemption from Russell, and fas those parties were not made defendants in the action of foreclosure, that proceeding was irregu- lar, and no valid title passed to the government. 8. W. Fuller, for plaintiif in error; Carlisle and Mc Pherson, for defendant, _ No. 18% Waterman va. United Staves—Error tothe Circuit Court for the Northern District offilinols, This was an information fled, charging Waterman with intending to fikhufacture tobacco in fraud of the internal revenue laws. The verdict sus tained the charge, and this writ of error seeks te reverse the judgment rendered on the verdict, on the ground that the evidence upon which the con- viction was sustained was @ showing by the government that Waterman had before been gully of bad faith with the vernment. It is contended that such evidence will not ibe ste the charge, although taken tn connection with signe circumstances ofa suspiclous character in relation to the present offence, Thecase was submitted on the printed points, the government maintaining that evidence of similar offences in the past is admissible to show intention. B. H. Bristowe forgovernment; E. Roby for plaintiff in error, No. 185. Gregg vs. Moss—Error to the Northern District of Ilinois.—This action was brought by Gregg as survivor of one Kellogg, who was a part- ner in business with Moss, the allegation being that Kellogg had advanced $10,000 to his partner, which remained unpaid. The defence was that the money was advanced to one Elder as the agent ofthe firm, and that it was for the protec- tlon of the ‘commercjal interests of the fe sng not for Moss’s individual benefit. e judghent sustained this theory; but it is here alieged that this was error in the construction of the facts pre- sented, and that the judgment should be reversed. Submitted on the printed points. 0. Jackson for plaintiff; Harding & McCoy for defendants, ‘ No. 187. Erskine vs. Hohnbach—Error to the, Circuit Court for the Eastern district of Wiscom! sin.—This was an action of trespass, brought by the defendant in error against the plaintiff in error, ag coliector of internal revenue, for the alleged wrongiu) seizure of tobacco belonging to him, on @ charge of attempting to defraud the government ot revenues, ie defence was that the defendant had been guilty of non-payment of taxes, &c. The reply alleged that the taxes claimed were not chargeable, and that he had been guilty o no de- ception or fraud. The verdict was for the claimant and the Collector here contends that tresspass wi not lie in such a case, and that the case of the de- fendant in error fails because he did not allege in his replication that an appeal was made to the Commissioner of Internal Revenue to abate the tax assessed and alleged to be illegal, C. H. Hill, Assistant Attorney General, for Collector Smith and Stork for defendant. No, 188, United States vs. Powell and Heilde- brand and others.—Error to the Circuit Court for the Middle District of Tennessee.—This was an action of debt brought by the government against the defendants in error as principals and sureties on two distillers’ bonds, given under the seventy section of the Internal Revenue law of 1863, one of which bore date 12th of December, 1868, and the other of the 29th of April, 1869. By @ proviso toa joint resolution, passed March 29, 1869, all internal revenue bonded warehouses are bound to reim- burse the government the expenses and salaries of storekeepers and other things in charge of such warehouses. These actions were to enforce payment of salaries of store- keepers in the warehouses of Powell & Hiide- brand. The defence was that at the time the bonda were executed such expenses were not chargeable to the warehousemen. The Court sustained the objection and the judgment was for the distillers. The government claims here that such bond: the decision of the courts, contemplate the fait! performance of any duty which may be by law im- posed upon the o} rafter the date of his bonds and a reversal is asked on this ground, B. H. Bris- towe for the government, defendants not appearing. THE LOTTIE STANTON OUTRAGE, Jones, the Fugitive, Arrested and Locked Up. At half-past two o’clock yesterday afternoon Captain Byrnes, of the Fifteenth Precinct, entered the Coroners’ Office, having in custody John Jones, the fugitive who stands charged in connection with Joseph Dempsey, the deposed Clerk of the Board of Assistant Aldermen, and Daniel J. Bernstein, with having, about three weeks ago, committed a murderous assault upon Lottie Stanton, living at 18 East Thirteenth street, full particulars of which have heretofore appeared in the HERALD, A® Coroner Young was absent from his office at the time bail conid not be accepted for Jones, and accordingly he was taken back to the station house, there to remain till released on bail’in such am amount as Coroner Young may consider sufficient to ensure his future appearance to answer So which the Grand Jury may find against im. Dempsey is already under bonds in the sum of $5,000, however, and Hernstein ia held in $1,000 poy 4 witness against his more rufianly asso- ates. ‘ Of late nothing has been reported cerning Lottie Stanton’s Sondition, ‘and one she is Frosnmed to be about again, if not fully reatorad,