The New York Herald Newspaper, November 3, 1872, Page 6

THE COURTS. "W oodhull----- Beecher---- Claflin---'Tilton. the prisoners and the United States government, and many ® hearty laugh indulged in as a fresh sally was heard. In the meantime the Marshals, with their prisoners, had arrived at the govern- ment building tm Chambers street. The usual number of loungers, lawyers, idlers and deputy marshals were leitering about she building, not dreaming of a sensation, and when the well- known forms of Messrs. Woodhull & Clafiin emerged from the coach the wildest excitement at once sprung up, and an eager throng fol- lowed up the rickety stairs, anxioug.to view the Tennie ©. Claflin and Victoria | Poeeedines. In the carringes wore aan about ave hundred copies of Woodhull and Claftin’s Weekly, 2 Woodhull Arrested. which had been seized by the officers. Mrs. Wood. hull looked grave and severe, never smiling, and Mstening with apparent painiul interest to the Proceedings. Tennie ©. wore an indifferent air and her eyes sparkled with excitement, She smiled [They Are Charged with Sending Obscene ' affably as something in the remarks of her counsel or the District Attorney struck her as fanny. They Literature Through the Mails. Were both dressed alike, as is their invariable cus- ’ tom, attired in deep biack, with purple bows and \SPICY DEVELOPMENTS. the latest style of hats, Of course they were eagerly peered at by all within seeing distance, but noticed no one themselves, or seemed to care for the steady gaze of the spectators and lawyers. An fact they presented the same bold front that has been their distinguishing characteristic, So great was the excitement consequent upon this arrest that old and able lawyers, who nad as- sembied in tho District Court to argue dry ques- tions of law in Ree and other abtruse cases be- fore Judge Bfatchfurd, rushed into the Gircult Court, where the Woodhull! examination was held, to take @ look at one of the most SxsTROTMIn AT? scenes that has within our memory ever eccurr in the federal Courts of this city—that scene being no Jess than two women, who, from their education and intelligence, ought to be models of virtue and purity, charged with sending filthy, vulgar, inde- Warticulars of the Arrest---Proceed- ings and Scenes in Court. TTHE PRISONERS IN LUDLOW STREET JAIL, \Suppression of Woodhull & Claflin’s Weekly. \ARREST OF COLONEL BLOOD. [Ue is Brought Up at Jefferson Market Police Court Charged with Complicity in the Woodhull-Claflin Slander Case. The Afidavit Against Him and Wm. A. Smith, Stereotyper. HELD TO AWAIT EXAMINATION. {THE ROSE M’CABE CASE AGAIN. Oontinuation of the Examination—Testi- mony of a Very Curious Oharacter Presented to the Oourt—The Oase Still Pending. BUSINESS IN THE OTHER COURTS. An Extradition Case—Bankruptcy Proceeding— The Late Marshall Bidwell—Decisions. One of the most interesting and extraordinary ycases that has been developed in our law Courts in recent years came off yesterday in the United tates Court, before Commissioner Osborn. It was hat of the notorious Tennie C. Ciaflin and Victoria oodhull, who are charged with having violated the paw of the United States by sending filthy literature hrough the mails—to wit, Woodhull & Clajlin's Weekly, which is alleged to contain a false, scan- jalous and malicious libel upon a well-known and istinguished clergyman in Brooklyn and the editor fa certain religious journal. The defendants are ot, in the present instanée, prosecuted for this bel, but simply for mailing matter charged to be yobscene, Full particulars are subjoined. Claflin d Woodhull are now in Ludlow Street Jail, in de- ult of $8,000 bail each. Their examination is xed for to-morrow, at one o'clock, A sequel to the Claflin-Woodhull slander case in jthe United States District Court came up later in fthe day yesterday in the Jefferson Market Police Court. A warrant was issued for the arrest of Colonel Blood, the reputed husband of Victoria Woodhall, on an aMdavit charging him and the Btereotyper of the Weekly with complicity in the jalleged scandal and hbels published in that journal. fNo examination was held, and the accused were pield for examination on some future day. The examination touching the sanity of Rose (McCabe was resumed yesterday before Judge Sedg- avick, of the Superior Court. Altogether the testi- jmony was of a curious character, and some of it ‘ptrangely conficting. One doctor testified that he nad been told he would. be well paid if he would bar, and it is a noticedble man spoke to them eee their counsel, and only one woman, dressed in blac strong-minded class, offered them Teco; the Court with one of the officials, and this lady took & peep at the prisoners as if they were some- thing wonderiul and most extraordinary to be- hold, as, indeed, they really are, deponent took said’ cent and obscene publications through the mails of the United States | Claflin and Woodhull occupied seats inside the lact that not a single k, and Spparentl ofthe he slightest. ition, We saw a lady in black come into THE AFFIDAVITS. The affidavits upon which the defendants have been arrested are as follows:— Southern District of New York, es.—Albert Anderson, being duly sworn, de panes, and says that on the 2d day of November, 1872, the deponent, bein; Office of the United Stat atThe city ot New York, did receive trom one James B, bape marked and addressed “‘M. Hamilton, 143 St, lam ‘@ clerk in the Fost ‘oodlay a packet of news- es place, Brooklyn,” for mail and delivery. That ackage of DOWEPADORS, which were n mail bag. ‘That deponent was did there ma: laced in the Brook! 1e ‘Attorney by direction of the ape Ottice Department. LBERT ANDERSON. Sworn to beiore me, this 24 day of November, 1872— Joux A. Ossonxs, United States Commissioner. James B. Woodley, being duly. sworn, deposes and says that on the 2d day of November, 1872, he, deponen' received trom one D. 0. Miles, employed in the office ol Victoria C. Woodhull and Tennie ©. Claflin, at 48 Broad street, New York city, \a package of newspapers marked “M, Hamilton, 143 St James place, Brooklyn,” who told me to tetch it to the Post Office and mail it and got the exchanges. Thatdeponent took it to the Post Onice on Nassau street, in the city of New York, and asked one Albert Anderson, a clerk in said Post Office, to mull the packet. Said clerk took {t. I identify the annexed packet ay the one I delivered for mailing. J, B, WOODLEY, 604 Classon avenue, Brooklyn, Sworn to before me, this 2d of November, 1872.—JouN A. Osnornx, United States Commissioner, Taliesin ‘William Kees, being duly sworn, deposes and says that he is a clerk in the olflee of the Inlependent newspuper, in the city of New York. That on the 20th day of October deponent went to the New York lost Office, in the Southern district of New York, and then and there received among other papers two’ newspapers, entitled Woodhull & Claslin's Weekly, and dated November 2, 1872, That he took ‘said papers to the ottice of the Independent and delivered them at the office, That Mr. Fox, assistant foreman, took up one of them and opened it, and called gepone! attention to an article therein entitled “Beecher-Tilton Scandal Case.” ‘Ihat on the Ist day of November, 1872, deponent bought trom one Victoria C. Woodhull,’ at No. 43 Brond street, New York city, two of said papers, and did then and there buy one froin Ten- nie C, Claiiin, ‘paying theretor ten cents per copy. TALIESIN WILLIAM REES, Sworn to and subscribed to before me, the 24 day of November, 1872,—Joun A. Osuorxs, United States Commis- sioner, At about one o'clock Commissioner Osborn took his seat upon the bench. . General Davies, United States Assistant District Attorney, appeared for the prosecution and Mr, James D. Reymert attended as counsel on behalf of the defendants, Commissioner Osborn then calied the case of the United States vs. Victoria Woodhull and Tennie C. Clatin. THE EXAMINATION, Mr. J. D. Reymert—I appear in this case for the defendants, andl understand Mr. Howe has also been retained. Genera! Davies—They are arrested on a charge of having circulated through the mails of the United States an OBSCENE AND INDECENT PUBLICATION, The statute upon which this complaint is made is lamiliar to Your Honor. The offence comes under the head of misdemeanor, punishable by imprison- ment and a fine, Mr. Reymert—I ask for an adjournment. It iga very SUDDEN PROCEEDING. Ipresume it would be proper, before knowing which course to take, to allow me an opportunity of consulting with the ladies, General Davies—I move their commitment, Mr. Reymert—Will Your Honor give me time to read this affidavit, so thatI may know what the proceeding is ¢ We are not prepared to go on with ‘@n examination now, and, therefore, I ask for sufficient time and an adjournment. General Davies—To what time do you wish for an adjournment? Ir. Reymert—I can go on'on Monday or Tues- day. ¢ ‘Commissioner Osborn—Tuesday is election day. General Davies—I can go on on Monday. Commissioner Osborn—What hour? General Davies—Any hour. Commissioner Osborn—Monday, at one o'clock, I will hear the District Attorney on THE QUESTION OF BAIL. General Davies—I shall ask that in this case the sign a certificate of her lunacy, but on an examina- | rar epee followed in other similar cases be up- tiou he pronounced her perfectly sane, and would mot sign any certificate. Another doctor did examine her and found her a fit candidate for the lunatic asylum, and signed a certificate to such effect. The most curious, not to say interesting, part of the day’s proceedings, was the opportunity it gave two priests to jointly deny alleged calum- nies upon their character. An extradition case came up yesterday in the United States Commissioners’ Court, in which Augusta Ludwig Krebs is charged with having forged a bank book belonging to John Frease, of the city of Bremen. After the production of the com- plaint and its record on the files of tue Court the case was adjourned to Wednesday next. There was a large meeting of members of the Bar yesterday, at which resolutions were passed ex- pressive of its sentiments of profound regret at the loss it has sustained in the death of Marshall 8. Bidwell. Speeches were also made highly eulo- gistic of his professional and personal character. THE CLAFLIN-WOODHULL DIFFI- ’ CULTY. The Arrest of the Publishers of the “Woodhull & Claflin’s Weekly”—Ex- mination Before a United States Com- missioner—Particulars of the Arrest= Spicy Developments in Court—Confined in Ludlow Street Jail for Want of Bail. Yesterday Deputy Marshals Colfax and Bernard strolled quietly down to the office of Messrs, Woodhull & Claflin, on Broad street, and, inquiring for the heads of this somewhat celebrated firm of female brokers, were told that they were out. The Drace of officers said they would wait, and seated themselves in the office for that purpose. Ina few minutes both Victoria C. Woodhull and Tennie C. Clafin entered, and at the same instant Marshal Colfax informed” them that it was bis un- pleasant duty to take them in custody, as an aMdavit charging an offence against the new United States law relating to the posting and send- ing through the Post Ofiice obscene publications had been issued. Mrs. Woodhull expressed herself at once ready to accompany the officers, but Miss Clafin said that she had some business of @ very urgent nature to attend to, which would only, however, occupy her for the space of afew mo- ments. She was permitted to retire into the ante- room, where she remained for @ moment only, when she again reappeared, and a carriage being 4m readiness the party entered and were driven Tapidly to the office of Commissioner Osborn, in the United States Court building. { By some means the news of the arrest of the no- ‘torious female bankers spread with the speed of the wind, and it was but a few moments jafter that bankers, brokers, clerks, &c., en- @aged in the vicinity left the busy scenes of jthe stock market and their own offices to flock to the sanctum of the Woodhull, where they congre- gated about the door in great force to learn the Jatest particulars. The wildest rumors were cur- jrent, and puns, jokes and witticisms were freely idadulged in at the expense ofeach other, the police, eld; that is, $10,000 bail in each case, with two sureties to justify in that amount. This is A GRAVE AND SERIOUS OFFENCE, one that has, in the past, done the greatest harm and injury to the community. The circumstances of this case are circumstances of peculiar aggra- vation, Not only have the defendants, by circulat- in rt obscene publication through the mails, com- mit AN OFFENCE AGAINST THE LAW, but they have been guilty of a most abominable and unjust charge against one of the purest and best citizens of this State, or in the United States, and they have, as iar a8 possible, aggravated the offence by A MALICIOUS AND GROSS LIBEL me the character of this gentleman, whose character it is well worth the while the govern- ment of the United States to vindicate. E'there- fore, ander these circumstances, ask that bail be fixed in each case at $10,000, Mr. Reymert—Let me say, in reply to General Davies, that he has no right here to charge the contents of an alleged libel. This charge is for a violation of the law, and it is to that His Honor should look La fixing the bail. The object of ball is to secure THE ATTENDANCE OF THE PRISONERS. They are ladies doing business here as peaceable citizens, and it is for you to weigh the danger of their escape and protect the government in the Nore of their les. That must be the rule in determining the amount of bail, If there was danger of their running away I suppose it would be necessary to fix a large atnount of bail; but if they are harmless or innocent, and prefer not to TUD away, a smail amount of bail would be neces- sary. ‘Commissioner Osborn—I can take no judicial knowledge of the fact whether they will ran away or not. I do not know that they are peaceavie citizens. I only look at THE CHARACTER OF THE CRIME. Mr. Reymert—The Sl alleges an offence against the statate, and you must go on the pre- sumption that the prisoners are innocent. ie idea of the government vindicating or delending THE CHARACTER OF A GENTLEMAN is entirely outside of this case. The government are not called on to defend this gentieman from slander, The charge must be confined to what appears in the affidavits, and to nothing outside of it. I would thereiore ask that the bailbe made reasonable, General Davies—It is about two weeks since we found that bail of $5,000 ina case similar to this ‘was not sufficient to hold the party, who fled from the jurisdiction of the Court. But a bench warrant ‘was obtained and the ‘ty was arrested, tried aud convicted. An offence of this kind brings im- prisonment as weil as a fine, and if these prisoners oe pero in " a ig so mucn the e, 01 subataaial val np y : give good and ir, Reymert—The only charge against the de- fendants is that they mailed the paper rome article beaded y Paper containing 'HE BEECHER-TILTON SCANDAL CASE” through the Post Office, It is said inthe aMdavit that this is obscene literature. This charge brings the alleged offence within the clause of the statate, oe an aing outside of that cannot be enter- ined. Commissioner Osborn—They are not the *Beecher-Tilton Scandal,” but by chen set General Davies—We will produce evidence to you whether the document is not indecent and ‘ob- scene literature. J will submit it to the Court. Commissioner Osborn—Papers were submitted to me, Mr. Reymert—There is only one charge, Commissioner Osborn—A paper called Woodhull ana Claflip’s Weekly Fp November 2 was submitted to me. is paper is @Osidered by the government & publication of a VULGAR, INDECENT AND OBSCENE character, and it is const that the defendants made use of the Post ice of the United States, in violation of thé law, for the purpose of sending that obscene paniicerton through it. it is the charge upon which they are arrested. I led & Warrant Upon the affidavits laid before me. The question ia whether vulgar and obscene Meation. In the question of bait r r these defendants in no ai books thr. the mails, government then manded ee { then expressed my opinion that ‘Was not only a vt mn of the AN OUTRAGE UPON PUBLIO DRORNCY. Without expressing any opinion in this case, I must consider what amount.of should be deposited with the to secure the attendance of rthe ts the.Court—bailthat will not ‘de oppressive to ‘nd will be just to the gov- ernment. Having the District Attorne; Seoilcesion a2 to iow much bail he requires, t the bail in each case at $8,000, with two sureties for Fe Te ad an ae to (ag fault of bail, and the examination is set. down for to withdraw alo’ and the Wood! ne 3 id capacity, vasa ro! ie. ond Tennio. or eho ent nie it sound discretion on thelr part not to give sny bail, agit is now futly believed that if they did they immediately rearrested on half when the examination will be proceeded with. At Ludlow Street Jail—The Warden's Office—Thoy Will Not Accept Bail in Their Schalf—Smoking Stopped in Their Honor. Upon arriving at Ludlow Street Jail the prisoners tripped lightly out pf their carriage and were re- ceived by Mr. Kdward Regan, the jatlor acting for Warden Tracy. They appeared somewhat flushed, but otherwise appeared cool and collected, and their voices were steady and no womanly exhibi- tion of tears was visible, After the heavy tron door had closed upon them and they found them- selves within the jail walls, they entered the office of the Warden, in which is placed @ partétion formed of black walnut and pierced with a couple ef doors and a series of glass windows. Around the room hang pictures of prominent politicians, white over the fireplace, where @ cheery fire was burning, stands the city arms in alto relief. After scanning the covers of the books in the library the prisoners were offered a seat in the Warden's office, and while sitting pensively gazing at the insignia of his office, the safe, the handoufls, the copies of writs, the slate on which the arrests are written, they were awakened from their reverie by being told their counsel wished to see them. The portly figure of Mr. Howe was standing in the doorway, and a few seconds tater they were engaged in earnest converse with their legal aaviser, which lasted for upwards of a half hour; but it was noticed that when he withdrew their faces were radiant with smiles. Shortly afterward a letter was received, of whivh the foi- lowing is a copy:— 1cHo1.as Horst. Sr, N I will go your bail. Tam satisfied the cowardly Chris- tian comminity will destroy you, If possible, to cover up the rotten state of society. ‘GORGE FRANCIS TRAIN. To which the following answer was made:— I might have expected that a man not afraid of nations and thrones would snap his fingers in the face of a cow- ardly society, and your kind offer showa your courage and your mahbood; but conscious of right I prefer to Independent and remain where 1 amefor the present. Having come to our aid the first, we shall be the last to forget it, VICTORIA 0, WOODHULL, TENN. CLAFLIN, But the errant dames soon began to FEEL THE PANGS OF HUNGER, and adjourning to the handsome dining room of the prison, a toothsome mess ot broiled chicken and potatoes, with condiments, and tea, was soon disposed of, and the ladies returned to the warden’s eyrie, where visitors soon poured in, among the first being Mr. Claflin, their father, and Mrs, ‘Sparr, their sister, and many others too numerous to mention. Two more prisoners were brought in at this time, viz. :—Their nephew, Channing Miles, and a colored boy, Mooney, acc of being accomplices of the prisoners just mentioned. THEIR PRISON CBLL, The handsome rooms occupied by Comptroller Connolly when @ prisoner in Ludlow Street Jail are now being used by Warden Tracey's family, and a “citizen” bedroom, being the only other sleeping accommodation in the jail, is occupied by an embarrassed merchant, so that merely the ordi- nary cells remained, Leaving the waiting room a threaded their way up the circular staircases which lead to the end of the southwestern angle of the prison, and here is situated a large billiard room, being on the first floor. At the end of the billiard table is a large cell, which has been occu- ied by Ryan, the Cuban filibuster, and other no- rious people. The cell has a back window look- ing into the alley, and is lighted by gas, and pos- sSesses an inner Wooden door, with a glass widow (being the only one in the jail); is covered with oilcloth, and, in a word, is the best in the place of its Kind. The row where the cell is situated 1S CALLED FIFTH AVENUR. The prison routine is, up at 6; clean out cells, 6 to 6:30: breaktiast, 7:30; dinner, 12; tea, 5:30. Before et o’clock last night the prisoners knew several of their imprisoned mates, including Lagrave, the notorious forger. Smoking was put a stop toin honor of the female visitors by the associate prisoners. Divine service takes place to-day round the bil- lard table, which is but a dozen feet trom the sis- ters’ cell, at a quarter to two, by the Rev. Mr, McGuire, of the Bible Society. The sisters retired for the night at ten o’clock and were locked up in their cell, fully convinced that they are mart; for the good of society. ‘They state that 9 milfion of their papers are being circulated over the Union. COLONEL BLOOD ARRESTED. Another Phase of the Woodhall-Clafiin Case—olonel Blood and William A. Smith Charged With Complicity in t) Alleged Slanderous Publication—The Affidavit in the Case—The Defendants Held for Examination. Yesterday afternoon, at Jefferson Market Police Court, Justice Fowler presiding, Colonel James H. Blood and Wiliam A. Smith were arraigned for libel and malicious slander by one Luther O. Challis, a broker, residing at the Hoffman Housa. The fol- lowing is the wording of the complaint :— James W. Fowler, Justice of the District Court in the city of New York, Third Judicial district. State 4 New York, City and Gey New York, s2.— Lather C. Challis, residing at the Hoffman House, com- plains that Victoria C. Woodhall, T. C. Claflin, a person whose surname is Blood, but whose first or Christian name Js to the complainant unknown, and who is com- ‘olonel Blood; Willlam A. Smith and William Denyse, on the 2th day of Cachet 1872, at the said city and county ot New York, unlawfully and ma- Hclously, designing, inténding and contriving to vilify and detame this complainant, and_ to bring him into pub- Me d, eit an race, and to injure and him, ‘the said complainant, did UNLAWFULLY AND MALICIOUSLY PUBLISH. of and concerning the said complainant, certain false, scandalous, malicious and defamatory libel, in a certain blic Hewspaper known and entitled as “Woodkull and Viaflin’s Weekly,” containi: ‘the other things, the false, malicious, words and matters following. That is to say :— And to begin. we will introduce Mr. L, C. Challts. This man some time since had a suit with the Pacific Mail Company in which his character was attacked, but in which he came off victorious, It has been his wont since to point to his sowy shirt front nd say, “I came out with a repetadioe a8 spotiess as this linen.” 0, immacu- late Challis! Had you been treated after the manner of women; had it been the custom to il men in the courts as women are assailed, where would your immac- ulate highness have found yourself? We know a lady— we have her name and can commi her afidavit at any moment—who attended in the French ballet at the Academy of Music, at which, says that high-toned sheet that prates of “magnificent hussies,”” “were 3,000 of the best men and 4,000 of the worst women” in our city. Lot us sce in what measure'the best men aro better than the worst women. We will give our in- formant’s accountim her own language ad_ never been to one of these places, and for many reason? was desirous of seeing the modus’ operandi. My sister and my- self went, closely dominoed. We had a box. After awhile I saw Mr. Challis and a gentleman with him, whom [ shall call Smith, although his real name is one of the oldest and best In the annals of New York pale’. We made ourselves known to them and they joined us, accompanied by two young girls not more than fiftecn or sixteen years of age. These, girls had come on fresh from school in Baltimore, and in the best society of New York had fallen in with these middle- aged roues and had in their innocence been led b; em in the ways that lead to ruin. Wine was called hr, and while te men drank but little these young girls were pliga. ‘with it until Tremonstrated and ie ed them not drink anh more. zy, effort to influence them was met y an insulting request from the men to let them alone. ‘ou oa be sure I followed these jirls = up and got the history of their connection with these men. They were seduced by them. © other young girls friends of mine were invited on from Baltimore to visit in this “best society." They wero taken to the house of a woman we will call Molly a first cl house of (gone they were robbed of their innocence, eac! of these scoundrels, Challis and “Smith” taking one to himself, And this scoundrel, Challis, to prove that he had seduced a maiden, carried for ow on his finger exhibit- ing in triumph the red trophy of her virginity. ra few days these Lotharios exchanged beds a1 ions, and when weary of thi en | brought their friends to the number of oné hundged and over to debauch these young-girls—mere childret Justice Fowler having inquired what the defend- ants had to say in defence of the course they had ur and receiving 4 reply from “Volonel’’ jood that he KNEW KNOTHING ABOUT THE MA’ and from Mr. Smith that he was only a pressman who stereotyped matter for the eper bat who hever read any of it, said it was his boanden duty to commit both of the defendants to answer to the charges against them. He expressed his willing- ness, however, to admit either or both of them compan- of the case ip THE ROSE M’CABE LUNACY CASE. ~ Continuation of the Examination by Judge Sedgwick as to Her Sanity—How Storics are Easily Made Up and as Easily Unmade—The Case Still On, Several hours were again consumed in the ex- yesterday, before Judge Sedgwick, hold- ing Term of the Superior Court, touching the question of the sanity or otherwise of Miss Rose MoCabe, the alleged tunatio nun, or Sister Mary of Star tne name to which she claims to be entitied through virtue of being a nun. There ‘was a much larger attendance than on the previous day, tho majority, a@ heretofore, being ladies, whose sympathies manifestily have been largely aroused in her behalf The day’a examination opened by plactng + BR, NEWTON ON THE STAND. He testified that a Dr, McMahon met nim one day at the Astor House and asked him to sign a certifi- cate that Miss McCabe was insane; he said that such a certificate would be worth nothing unless verified by an aMidavit that he had examined her and as the result of such examination pronounced her insane; Dr. McMahon insisted on his signing the certificate and he did so, well knowing that the Tesult would prove as he had stated; at a subse- quent interview, at the same place, Dr. McMahon returned the cortificate, saying that it was no good, and then consented to examine Miss McCabe; he was told if he would sign suoh certificate he WOULD BB WELL PAID; fhe called at Miss MoOabe's residence and intro- duced higself to her as a member of the Board of Relief; he had a long talk with her, but discovered ‘no indication of msanity; she told the story of her troubles and persecutions; she told, among other things, that one priest had made improper over- tures toherand that another had assaulted her for an improper purpose; he came away convinced that she was sane, and refused to have anything more to do with signing any certificates as to her lunacy; Miss McCabe gave the name of Father MeAleer, as the first priest referred to and the second one as Father Brady; the improper over- tures, she said, were made to her twenty years ago. FATHER MCALEER AS A WITNESS, There was manifest excitement among those present when Futher MoAleer, who was next called, took his place on the witness stand. His clear and explicit testimony was in keeping with the frank benignity showing itself in every linia- ment of his genial Ince; he denied most positively that he had ever made any improper overtures to Miss McCabe; he put her out of his house when she intimated auch a thing, but ased no violence; her telling this story was none other than the effect of @ crazed imagination. FATHRE BRADY TELLS HIS STORY. The next witness was Father boing a yung man. He testified that for five years he had been assistant to Father McAleer, at the Church of St, Columba, in this city; Miss McCabe spent two or three days at the house bed occupied; the first time he met her she said she wanted to tell him her story, but as he had a sick call to attend to he could not hear her then; subsequently she commenced telling the story of her persecutions; she spoke so rapidly and in- distinctly that he oould make little or nothing of it, and so he told her to answer his questions, and in that way he could make out what she wanted to tell; he found out that she wanted him to use his influence with Dr. Loughlin at Auburn to. allow her to wear her dress and still go out in the world and teach, and beg of him not to tell her character to the parish and drive her away; in the course of the conversation she told him that she had had some di‘tculty with a priest at Auburn; she also told him what Father MoAleor had attempted todo; Dr. Lynch had told about some man telling some such thing, and prononnced it a cock-and-bull story; Dr, ighiin said she had stated the same thing of his pastor; afterwards he heard Father McAleer ask her why she wore that habit; she turned to him (witness) and said Father McAleer had done 80 and so; Father McAleer at once sprung up, took her by the shoulders and at- tempted to put her out of the house; he was about desisting when he witness motioned to him to per- sistin his pu e, which he did; she made some resistance at the door; she did not fall flat on the floor though she might have fallen on her knees; Father McAleer did not strike or kick her, “Did you use any violence toward her?” con- tinued Mr. Vandervoort. “I did not so much a8 lay a finger on her,” an- swered Father Brady. “That is so,’’ spoke up Miss McCabe. “(Miss McCabe wishes me also to say,” added Mr. Townsend, her counsel, after the former had whis- pered some<hing in his ear, ‘that she wholly exon- of the Cours till auch time asthe crates vou from any wrong doing towards her.” On cross exammation Father Brady stated that a servant girl was the only 2 tthe Li ie in the house with Father McAleer and himselt; he had known Dr. Lynch three or four oe he did not know McCabe when Dr. Lynch told the story referred to; the doctor told the story as a joke; when Father McAleer spoke to her about wearing and turning to him (witness) said, “‘Ho (Father McAleer) is not so ver; ioc himself, and has attempted violence on me.” ther McAleer stood spellbound. “How long did he stand spellbound ?”’ “A moment.” “What do you mean by a moment—was it a min- ute or @ second t”? “I can’t tell the precise time H I did not hold my watch in my hand at the time.” (Laughter.) A DOCTOR WHO SIGNED THE CERTIFICATE. Next in the order of witnesses was called Dr. Nelson E. Burdock. He testified that he was one of the doctors who signed the certificate of Miss McCabe’s Junacy upon which she was committed to the Bloomingdale Lunatic Asylum. He described his visita to her, as fully reported in the HERALD in the examination before Judge Leonard, of the Supreme Court. The indications were those of a agg of unsound mind, and upon those indications he signed the certificate, and would not have done 80 otherwise. The predominant indications were extreme nervousness, sleepless- ness, rolling of the eyes, suspicions of those about her and constant apprehension that they were plotting against her. She said some priest was conspiring to injure her, and placed a table against her room door to keep him away. HAS AE, KOMEY RAYE: Mrs. Kenny was the last witness called, Her tes- timony had reference to the life and habits of Miss McCabe while living in her house in bit fith Street. She said Miss McCabe had a suspicion of everybody, and had told her certain parties were trying to get her into the Lunatic Asylum. She would not eat much. Her sister Bridge’ eee her. Mrs. McCabe gave as a reason of her ‘ing her room door fear of a young man who slept in a room across the way. 4 SYMPATHETIO ATTENDANT. The examination was here adjourned till one P, M. next Tuesday. After the conclusion of the tes- timony, and as those present were preparing to leave, Miss McOabe took up two leatner bags, which she had brought with her, and, they being heavy, asked Miss Cusick, her attendant at the Lunatic Asylum, if she would carry one of them for her to the cars. “No, I won't,” bluntly answered Miss Cusick, who, if not a miracle of youthful beauty, certainly seems a miracle of youthful health. “I will carry one for you,” spoke up a kind- hearted lady, who had heard the tart reply of Miss McCabe’s vigorous female attendant—an offer, it is needless to say, that was most thankfully accepted. BUSINESS IN THE OTHER COURTS. UNITED STATES Ci IONERS’ COURT. An Extradition Case—Charge Against Ludwig August Krebs. Yesterday the case of Ladwig August Krebs, who is charged with having forged a bank book belong- ing to John Freese, of 25 Schusselkorb, Bremen, was brought up again for examination before Com- missioner Kenneth G. White. Ex-Governor Solo- Mons appeared as counsel for the German govern- ment and Mr, J. D. Reymert defended the prisoner. After the complaint, which is in’German, and a translation thereof in English had been submitted to the Commissioner, the case was adjourned to Wednesday to enable Mr. Reymert to verily the accuracy of the translation. UNITED STATES DISTRICT COURT. Bankruptcy Proceedings. The voluntary petition of Leroy Nichols was pre- sented, and adjudications in involuntary taken in the cases of James B. Demarest, Arnold Fisch, pis i Fisch, the Edward E£. Brown Company, W. Gardiner and James Hilliard, ischarges—Edward 8. Hall, August Stephan. SUPREME COUR T—CHAMIBERS. Decisions. ‘ By Judge Ingraham. In the matter of the petition of Wm. A. Coit to vacate assessment.—Motion Harrington vs, Gomperts.—Motion for settlement of issues granted. second, third and fourth issues are adopted, the others cted. gan Wise vs. Mv ‘les Wise.—Report confirmed nd divorce granted: In the matter of Albert Comstock, &c.—Motion ated. orvilitam Carr vs. Knapp.—Same. Hess vs. Cole.—Same. Kelly vs. Bernheimer.—Same. SUPERIOR COURT—-GENERAL TEAM, bail directly they could find sumcient hark A feeling of sympathy seemed manifesi among the spectators for Smith, as it was considered that he was “more sinned against than sinning,” but Blood's drooping Dundreary’s and his general dégagé appearance had a greater tendencyto ex- cite mirth than commiseration, Mr. Denyse is out of town, but on Monday he will surrender bimself to answer the charges preferred ba him. Prisoners Were thon removed is the custody Decisions. By Judges Monell, Freedman and Curtis. Baldwin Rheim, &c. vs, Martin, impleaded, &c.— Tu ent reversed and a new trial granted, with costs'to the Ms tong to abide the event. sons, ot by Spoford et al—Judgment af- firme costs, bt. John vs. Skinner.—Judgment and order seve- relly adirmed with comta, NEW YORK HERALD; SUNDAY, NOVEMBER 3, 1872—QUADRUPLE SHEET. Newberry ot al. va. Wall ot al.—Judgmont and order aflirmed, with costs. The Loaners' Bank, &c. vs, Reed.—Same. THE LATE MARSHALL 8. BIDWELL Meeting of the Bar—Hulogistic Resolu- tions and Speeches. Leading members of the New York bar, and among them were noticeably prominent some of its oldest and most honored representatives, re- sponded in large numbers to the call 1or a meeting at twelve M. yesterday to take some action rela- tive to the decease of the late Marshall 6. Bidwell. The meeting was held in Part 1 of the Supreme Chief Justice Ingraham being called to pre- Mr. Henry Nicol read a series of resolutions of the deceased, which were adopted” hes followed by Behjamin D. Sal- iy ililam M. Evarts, ‘an, W. Dwighi sedge Malian and ‘Erastus <. Benedict alike eulo- gis career of distinguished useiul- ness in the The proceedings closed with the appointment of Messrs. Nicol, Dwight and Evarts gegen to present the resolutions Bat urt of Apy and the General Term of ipreme Court, with a request that ies of entered in the minutes of these BROOKLYN COURTS. CITY COWRT—SPECIAL TEAM. Alleged Bigotry. Before Judge Thompson. Yesterday morning the case of Dr. Monmonier, who was removed from the position of Resident Physician of the Brooklyn Homoopathie Lying-m Asylum on the ground that he isa Catholic, was before Judge Thompson on the order for the man- agers to show Cause why ho should not be rein- stated, It appeared that no return to the writ had been filed, Counsellor Goodrich, for the managers, said that he had not filed it, as he intended to move to quash the writ on ailidavite that he wanted to present. Counseiler Morris, for the relator, said tliat must be done on the paper already in, and not on new facts, Tuey must tile the return if they wanted to raise @ question of tact. Counseitor Goodrich replied that relator’s counsel had already obtained a writ of mandamus from Judge Fancher, of the Supreme Court in New York, which he had set aside aiterward atSpecial Term. To the moving papers on that application had been appended a copy of the by-laws of the institution, and it appearing that Dr. Monmonier had been pro- perly removed, according to those by-laws, the writ was eet aside. These papers h&d not been submitted to this Court, as they had been to the Supreme Court in New York. All the facts did not appear and important ones had been suppressed, Morris—Well, you must either move to quash the writ on the papers as they are or else put in your return, Judge Thompson—That, I think, is the correct view of the case, and I suggest that you take an adjournment, and at that time be prepared to file your return, even if you desire to move to quash the writ. Counsellor Goodrich (sex several interrup- tions)—I have a statement to make that, whatever Your Honor thinks about the adjournment, I de- sire Your Honor to hear. Since the order to show cause was granted, the Board of Managers have sppaeitea a new Resident Physician of this institu- tion. The question of religious intolerance has been drawn into this matter, as I believe, for the purpose of affecting the political chances of a can- idate before the people. The ground raised was that Dr. Monmonier was removed because he was a Roman Catholic, It is made a part of the movin: papers, Since the writ was granted a new Resi- dent Physician ‘has been appointed, Dr. Varona, and I have in my possession an affidavit in which Varona states that he is a Roman Catholic. Counsellor Morris objected to this mode of get- ting in atfidavits that had no business there, . jounsellor Goodrich read an affidavit of Dr. A. Varona, who had recently been appointed in Dr, Monmomer's place, which showed that dgponent is a Roman Catholic, Counsel said he made these facts known to show the true character of the po- rsa capital sought to be made out of this mat- r. Counsellor Morris denied that there was any- thing political in it, and pronounced the relator’s removal @ gross outrage, which should not be tolerated in the community. Counsellor Goodrich also questioned the power of this Court to issue sucha writ as was applied othe case was adjourned until next Saturday. UNITED STATES SUPREME COURT. A Curious and Complicated Case—Re- viving the Name of the Old Bank of the United States. Wasninaton, D. 0., Nov 2, 1872, No. 216. Oelrichs & May vs. Hill, Williams et. al. Appeal from the Supreme Court of the Dis- triet of Columbia.—This is an effort on the part of the heirs of the original parties concerned to con- clude an ancient financial contest. The old Bank of the United States, being indebted to one Wet- more, assigned to him as security certain bonds of the State of Texas, whiqh were subsequently called in by the State, Wetmore receiving in lieu thereof certificates for their’ amount, issued in his name. When Texas was admitted into the Union Congress assumed certain of her debts, and Wetmore filed his certificates as representing a portion of that debt. Meanwhile the bank had agreed to pay General James Hamilton ten per cent on any amount which it should receive from tne United States on these certificates, over and above the amount due Wetmore, in consideration of his services in urging and procuring the passage ot the act providing for the assumption of the debt by the overnment, and gave him an order on Wetmore for the commission, which was accepted by Wet- more. Hamilton made various assignments of his interest in this commission, and in 1856 one Spain filed a bill to assert priority of right to the fund, on an assignment to him as against Wet- more and others, the allegation being that Hamil- ton had assigned to these others, and altogether a sum far greater than was justly due to him. The decision was in favor of Wetmore and those hold- oy Ge upon him from Hamilton, in the order of their dates. Among these were one Hill, who is represented in this suit by the Chery The decree found to be due to Hill about fourteen thou- sand dollars more money than there were funds, after paying the prior orders, and there having been a security nd filed upon the issuing of an injunction in the suit, the complainants brought their suit against the appellant sureties on the bond, to recover the amount lost by. them b; Teason oi the injunction, averring that they woul have received all but for that process, The answer was that if Hill or his representatives ever had any interest in the funds it arose long after the injunc- tion was returned, and the bonds are, therefore, not liable in the matter; and, among other matters, that there could no vi claim to the fund in Wetmore’s hands in Hamilton’s favor, because Hamilton’s agreement with the bank showed on its face that the object was to use per- sonal or secret influence on the k tors to in- fluence legislation, and hence neither Hamilton nor his assignees could acquire any interest main- tainable im law under such an ement. The decree was for the claimants, and it is here con- tended that the injunction vond was discharged by the release of the bank, and the sureties are not liable; that Hamilton’s interest was not lawful, and that all the payments from the Treasury were in violation of law. T.T. Crittenden and T. J. Du- rant for appellants, P. Philips for appellees, THE SHOOTING OF MB. YOUNG. Not a Suicide, , An inquest was hela by Coroner Herrman over the remains of Harry E. Young, the youth of nine- teen, who died at 305 East Thirty-first street, as was alleged, from the effects of a pistol shot wound of the head, supposed to have been inflicted by him- seif with suicidal intent, The testimony of Mr, Hezron A. Johnson, of 106 Fifth avenue, who was guardian of deceased, showed that he was shot in the rig ht temple by the accidental discharge of his Pistol. After the shooting the young man told his rdian that he took the from his pocke: threw it on the bureau, and no recollection o} anything that subsequently t: ed. ased seemed to have an idea that he had fallen in Second avenue, near Seventeenth street, and in that way had received the injury to the head. Deputy Coroner made & post-mortem examination on the of deceased and found a | ae shot wound of the ee eee cae the in, in which the bullet was id ded. Death, in the opinion of Dr. Cushmal b got ol ead. rendered a verdict of death from injuries by the accidental disch of a pistol. The pat of Mr. Young are said to be absent in Europe. his majority deceased was to have come in posses- sion of a large fortune. THE LATE JERSEY RAILROAD DISASTER. ‘The funeral of Christopher Beckman, the freman who was killed by the recent railroad collision, took place in Trenton yesterday, and was attended by @ large and respectable number of people, among whom were many of the railroad em- ployés. Jacob Tyndall, the engincer, who received dangerous injuries, is still allve, but very little hopes are entertained of his recovery, He is suiferin great pain aad ‘ at canvas of pas ries, which are of a dr Ketaatly in th t surgeons in the State are Attendance, be ia ere ey ‘ oo aS fhe cota te he Of bis re. @overy. PAULINE LUCCA. —_—_—o— ’ The feature at tne matinée at the Academy Music yesterday was Auber’s ‘Zerlina,"’as inter preted by the Austrian Nightingale. In fact te judge from the poverty of the rest of tne cast the opera of “Fra Diavolo” might be placed on the bills under the name ‘of “Zerlina,” for Lucca is the sole attraction of it. The boxes showed some va- cant places yesterday, but the lower part of the house was crowded to the extent of standing room only, and the little lady was in splendid voice, toe. She carried the first act through bythe charmofher acting and presence, and by the additional bright- ness infused by her into the sparkling music. The second act, of course, depended wholly upon her, and she repeated her former triumphs. The bedroom scene was characterized by @ patural coquetry and fascinating manner, which, united with her exquisite singing, made the scene one to be remembered. It would be difficult to mention anethor case in operatic history in which a prima donna carnied the opera of “Fra Diavolo” through to a successial termination with poor surroundings. Madame Lucca is an artist who pleases on every occasion, and must be heard in more les than one to be appreciated at her just artistic value, On Monday she will appear for the second timo as Leonora, ia “La Favorita,”" MUSICAL AND THEATRICAL NOTES. felicia ello Mr. Sothern will make his first appearance at Wallack’s as Lord Dundreary. Newark, we are told, is to be delighted witha new Irish drama next month, | & is by Mr. B. W. Treat, and is only called “Suil Dhuiv,” and may not ‘prove entirely original. Tho Sunday concert business seems to grow, and this evening there are to be two—one at Wallackts and one at the Grand Opera House, In,the tormer the principal members of the Italian opera com- Pany, including Sefiorita Sanz, Miss Doria and Jamet, take part, and in the latter Mlle. Aimée, Miss Clara Perl and Mr, William Macdonald. Miss Kate Bateman, who is shortly to appear im this city, will pave the way for the coming of her sister Isabella, who plays ‘the Queen in brekem English to Mr. Irving's King, in “Charles I.” The English critics find fault with her broken English, on the ground that Henrietta Maria might be supposed to have learned the language in a dozen years, Madame Adelina Murio Celli, a prima donna, whe was formerly an attraction on the operatic atage, has returned to New York and has become @ pre- fessor of music. The same has fallen to the lot ef the tenor, Lotti, and the prima donna, Mrs. Clara Brinkerhof, Thus the stage is giving up its stars to prepare other luminaries for the arduous task of shedding light on the musical darkness which a¢ Present encompasses the frving place Opera House. Mr. Louis Engel, the inventor ofthe E! orgag, will exhibit his instruments on every Wednesday of next month, and particularly two new steps which he has added, and which are likely to pro- duce a very charming effect. One of these stops is @ “Vox Angelica,” and an imitation of that won- derful stop which only exists in the celebrated Basel organ, and which sounds exactly iike @ chorus heard ina distance; and the second stop is the ophicloide stop, quite a now and extremely’ powerful addition to the reed instrument, Dramatic criticism in the West is remarkable fer itgbreadth., This is what the Omaha Repudlican thinks about Shakspeare's “Hamlet :—“Hanale! & name significant to all and attractive te all, because the universal soul, from out whose depths it came, possessed the grand power of Playing upon the meagre mind and the full, with all gradations, and yet. have the whole & har- mony. The newsboy, as well as the intellectual giant, owns ‘Hamlet.’ While one thrills at the thought that man, like himself, was the author of the psychical provlem, Hamlet, the other sees onig the outward and material, and is as well enter- tained. He takes the ghost literally and gazes with credulous eyes upon the dead body of Ophelia.” A soirée given by Madame Bonawitz Volkmann a& Irving Hall last week, in which chamber music formed the principal feature, is a good suggestion to concert managers to-present some of those in- comparable works for piano, violin and ‘cello of which Beethoven and Mendelssohn have left us se many specimens, Rubinstein and Wienawski pro- pose to enter this fleld on their return to New York, and Mr. Grau has secured for them the best local talent. Then Mills, the best of our American pianists, has designed aseries of solrées of chamber music at Steinway Hall, in which he will be assisted by Dr. Damrosch and Bergner. Bonawitz, the Pianist, is also in the concert’ fleld with some in- strumental trios and an orchestral sympnony of his own. Mrs. Charlotte Winterburn announces & concert at the: Academy of Music for Thursday evening, in which she will be assisted by Thomas’ orchestra, Walter, the viplinist; Whitney, a Boston basso, and Lockwood, a London harpist. Tnusit will be seen that the concert season promises to be very attractive, if the quality is only equal to the quantity of entertainments announced, OBITUARY. John F. Maguire, M. P. John Francis Maguire, Member of the British Parliament as representative of the city of Cork, Treland, and a distinguished traveller and writer, died during the night of Friday, the 1st inst, Mr. Maguire was born in the year 1815. He wae thus fifty-seven years of age at the time of his death. He was the cldest son of the late Mr. John Maguire, a merchant of Cork. The young man received an excellent education. He studied law as 4 profession and was called to the Irish bar in the year 1848, About the same time he mar- ried Margaret, daughter of R. Batley, Esq., of Cor. His literary talent was of the very highest order, of varied range and very comprehensive scope, He cultivated its power from his earliest years, devoting himself to the study of literature in general, of oratory, of public effort in the press and eventually the direction of the Cork Examiner as principal editor. He came to be regarded, indeed, as one of the most prominent and distinguished Irishmen of the present day, and was accepted Fes. as an excellent and truthful exponent the condition and wants of the coun! by the people of Great Britain, on the Continent of Furope parte in Rome—and in the United States. His fellow citizens elected him to the highest municipal office in their gift—thatof Mayor of Cork—in yeara 1853, 1! 1863 and again in 1864, He was in the Commission of the Peace as maj ite under the een. He was returned to the British ‘arlianfent as member for the borough of Dungarvin. in the year 1852, and was sent to the House of Commons as member for Cork city in 1865. He represented his native place in the English Legislature at, the moment of decease. Mr. Maguire produced the well known works, “The Trish in America,” “Rome and Its Rulers,” ‘The Last Four Popes,” and was at work uw) @ volume entitled “The Temperal Power of the Popes’ when he died, He was a man of geniai temperament, hospitable and kind to strangers, and pereipalarry interested in the national progress and fame America and Amerigans. PIRAOY IN THE EAST. The Battle Between Her Britannic Maje esty’s Forces and the Sula Pirates— A Fierce Encounter and Da: rous ‘Wounds—Imperial Thanks to the Eng- lish Victors. By mail from the far East we have received our fites from the Philippines, dated in Manila, conveying additional details of the battle which was lately fought between the forces of Jler Britannic Majesty ‘and the armed pirates of the Suln, and which re- sulted in the breaking Ld of the outlaws’ nests in that quarter of the world. ‘The Comercio of Manila says:—The boats of the British war steamer Nassau, Commander William Chimmo, we been attacked by pirates near Carang-Cars on the northeast portion of Satu. The fight the crews of the four days, at the end of which were victorious, after hav- ing disembarked and a: to the prahus and Villages, &c., of the pirates. The bouts bombarded the villages for two hours. ‘The loss of the pirates was fearfal. Lieutenant Gray, of the Nassau, and some of the crews of the boats were severety wounded. Mr. White was wounded in the neck byaspear, While the boats were attacking by water the natives har- assed them by land. 7 On the following Cay the omcer# of the hems | were received by the Sultan of Sulu, who thank aoe what they had done and made them