The New York Herald Newspaper, November 5, 1872, Page 4

4 NEW YORK HERALD, TUESDAY, NOVEMBER 5, 1872—TRIPLE SHEET. THE COURTS. | WOODHULL-CLAFLIN-BLOOD The Woodhull-Claflin Great Slander and Libel Case in the United States and Supreme Courts. They Are Indicted by the Crand Jury. Remanded to Ludlow Street Jail on Bench Warrants---The Female Candidate for the Presidency in Durance Vile, THEY CLAIM THEY HAVE A VALID DEFENCE The Examination—Interesting Prooeed- ings in Court—Address and Statement of Counsel for the Prisoners—Writ of Habeas Corpus Granted. BERGH’S BOTHERATIONS. An Application for an Injunction by the City Stage Oompanies—He Is Charged with Arbitrary Arrests—Oase Still On. THE UNDERGROUND RAILWAY COMPANY. The Contractor Sues for the Enforcement of the Contract for the Completion of the Road—The Complaint Ordered To Be Amended. THE BIBLE SOCIETY. They Sue the Heirs of the Grey Estate for a Bequest—A Mistaken Remedy. United States Marshal Sharpe on the Election. He Instructs His Deputies as to Their Duties To-Day---A Timely Order. gs BUSINESS IN THE OTHER COURTS. Charge of Stealing $2,000 Worth of Postage Stamps—Action and Verdict for In- juries from Neglect—Decisions, Yesterday the Grand Jury of the United States Circyit Court found indictments against Victoria Woodhull and Tennie ©. Clafin for having for- warded through the Post Office papers of an in- decent and obscene character. This fact was offici- ally notified by the District Attorney to Commis- sioner Osborne at one o'clock, at which hour the Commissioner had intended to go on with the ex- amination. The prisoners, who had been brought down from Ludlow Street Jail, were in Court, and were informed, through their counsel, that the action of the Grand Jury would render any exam- (nation by him into the charge wholly unnecessary— {n fact, took the case out of his hands. This an- nouncement seemed to disappoint the crowd who had assembled to hear the detatls of this matter. The prisoners were then rearrested on bench war- tants uuder the indictments ana taken back to prison, where they must remain until their trial if they cannot get bail. Judge Fancher, holding Supreme Court Chambers, granted yesterday a writ of habeas corpus in the cases of Victoria C. Wooahull, Tennie C. Claflin and Colonel Blood. The writ was made returnable at ten o'clock to-morrow morning, when these par- ties will be brought into Court from their respect- Ive prison abodes, and all the stratagems of legal ingenuity employed to restore them to tiberty. United States Marshal Sharpe has issued instruc- tions to his deputies respecting their conduct at the elections. He tell» them that if trivial charges are made before them they shall take the names and residences of the parties accused and the names and residences of the witnesses, for the pur- pose of future examination. Mr. Byrne, who got the contract for building the New York city Underground Railroad, and toward the construction of which, althougn the charter Was granted two years ago, there has not yet a stroke of work been done, has not been very for- tunate thus far in his suit brought before Judge Barrett, of the Supreme Court, to enforce fulfilment ofthe contract. Upon the demurrer to the com- piaint made and argued at length a few days since Judge Barrett yesterday gave his decision. In this decision he sustains the demurrer, but couples with the decision permission to Mr. Byrne to amend his complaint. Mr. Bergh’s.benevoient efforts on behalf of the dumb beasts, and particularly towards enforcing a higher humanity in the treatment of the equine race, seems to be getting him perpetually m hot water. A furious legal onslaught has just been made on him by three of the leading stage lines of ‘the city, the Broadway and Fourteenth street line, the Broadway and Madison avenue line, the Broad- way and Fourth avenue line —the two latter being owned by one company—and the Broadway and ‘Twenty-thira street line. These companies each and severally complain that he is in the habit of making summary arrests of drivers without war- rants, taking horses able to work from the omni- buses and altogether inflicting on them serious pecuniary loss. Application was accordingly made yesterday before Judge J, F. Daly, of the Court of Common Pieas, for an injuction restraining him from further interference with their business, There was a lengthy argument in the case, which will be resumed again to-morrow, Judge Barrett, of the Supreme Court, gave a de- cision yesterday in @ litigation growing out of a rather curious will case. Upon a contingency in the will the American Bible Society secks to come into possession of some valuable real estate in West Eleventh street. Certain heirs demurred to the complaint. The Justice in his devision sus- tains the demurrer. In the Superior Court a trial yesterday took place before Judge Sedgwick, in which the jury gave a verdict of $500 against a Nassau street firm On account of injuries sustained by a man in fail- ing into a coal hole in front of their place of busi- bess, It is evident that coal hole coverings cannot be neglected with impunity. CLAFLIN, WOODHULL AND BLOOD, ermal Dismissal ot the Complaint Be- fore the Commissioner and Indictment by the Grand Jury—The Prisoners Again Sent to Ludlow Street Jail on Bench Warrants—They Claim That Whey Axe “Persecuted” by Private examination of Victoris Woodhull and Tenniec 0. Clafiin en a charge of having forwarded obscene literature through the mails, but early in the morning it waa ascertained that the Grand Jury had found bills ef indictment against them, and that this action woula take the matter entirely out of the hands of Commissioner Osborn, and obviate the necessity of any inquiry before that magistrate. The general public, however, did not know this fact; aud at one o’olock the doors of the United States Circuit Court room, in which it was expected the examination would take place, were besieged by @ crowd of persons striving to gain admission. Thoy kicked, thumped and knocked at the doors, demanding to get in, but afl their efforts availed not, as two deputy marshals kept back the crowd until the prisoners and their counsel, the Commissioner, the District Attorney and quite an array of reporters were accommo- dated with seats, When Commissioner Osborn took his place upon the bench, he directed the DOORS. TO BE OPENED, and in a few minutes every seat in the apartment was filled, All eyes were immediately directed to- wards the persons who have stcceeded in centrin, upon themselves, even in these days of politica excitement, the attention of the whole public and those legal courtesies of the District Attorney and deputy marshals, made up in the shape of war- rants, which aro, to moat people, very undesirable, but which, in this case, seem to have been reck- lessly courted, The Woodhull looked somewhat cowed, but Tennie ©, bore up bravely, biting her lips, ag if in contempt of the whole proceedings. THE PROCKEDINGS IN COURT, Commissioner Osborn—I call the case of the by States vs. Victoria Woodhull and Tennie 0. Counsel for the prisoners sald—We are ready to proceed with the examination which was ap- pointed for one o'clock to-day before your Honor. General Davies—I would state to the Court that this morning the Grand Jury have found bills of INDICTMENT AGAINST THR PRISONERS for the offence with which they are charged. On these indictments bench warrants bave been issued from the Circuit Court. These will be placed in the hands of the Marshal for execution, and this, I assume, takes the case from the jurisdiction of Your Honor. Commissioner Osborn, addressing counsel for Botersaos Grand Jury lave acted in this case. They have found indictments against the defend- ants and bench warranta have been issued upon those indictments. Counsel for prisoners replied that he could only - the announcement would have come upon him with sarprise if he had not been in Court in the morning and heard the indictments had been found. Mr. Reymort and himself (counsel), on be- half ae those persecuted ladies—and he used the wor advisedly—had prepared a perfect defence to the accusation made against t! they were prepared to show His Honor that this paper, which the prosecution aimed to suppress for reasons which he would not advert to, was in no sense of the word obscene. If it were held to be obgcene, thon the transmission through the mails of the Holy Bible, the works of Lord Byron, or any edition of the works of Shak- speare would be liable to the same objection and incur the same penalty. This was a blow at the free- dom of the press which, ifallowed to pass unnoticed, would strike with a force the real effect of which noone could contemplate. These ladies come here prepared to answer. He (counsel) had read the aper through carefully word for word; he had not ast seen the indictment, but he was in- formed that the charge against Mr. Beecher was carefully omitged from the indictment, aud that it is the charge Sgainst Mr. Challis that is referred to therein, They would show that there was not ‘A WORD OF OBSCENITY in the papor, and that there was nothing whatso- ever in it contrary to the act of Congress. His Honor knew the practice of the State Court, that where a magistrate had o case under investi- gation, if the Grand Jury should find a Dill pending that examination, the Court had uni- formly quashed the indictment because it was a mark of disrespect to the officer before whom the investigation was proceeding. That was a matter of practice, not of law. All he could say on behalf of those persecuted ladies was that they had a@ perfect defence, and they desired to express through counsel, and through counsel to the Court ald the public, that they were the VICTIMS OF A ORURL PERSECUTION, instigated by private malice from a source which dare not come into court itself to expose its malignity, and which sets this Court in motion to hide it. Those ladies were in custody, and this action of the Grand Jury deprived them of bail. Mr. Reymert, who is witn counsel, was somewhere else, and perhaps he might have a statement to make in regard to this matter. They came into this Court for the purpose of entering into a very convincing defence, and if they were to be prosecuted on this charge the Holy Bible itself might be suppressed, and the SOCIETY FOR THE DIFFUSION OF THE BIBLE had better close their doors, because they were liable to a proceeding of this kind; if it were tolerated there was no telling to what a length it might go. The pile 3 of the indictment against those ladies was nothing but A ORUEL PERSECUTION, General Davies—It is not usual for me to take up questions not relevant to the matter before the Court, The counsel had spoken eloquentiy and forcibly upon this case, but he said bee re- quiring a reply from me after the statement I have made to the Court. All he said to the Court would be applicable on a trial of the case before a jury. I have nothing to say in explanation after the action that has been taken by the Grand Jury. . J. W. Reymert, of counsel for the prisoners, who had just come into Court, said he wag sur- prised to hear that the ladies had been indicted, le had ouly to say to His Honor that they were ready now promouis: to go into the fullest examina- tion of all the charges against those ladies. Counsel invoked for them THE PROTECTION OF THE LAW, confident that. they had not offended against ita Majesty, the good order of.society or the duty which they owed to citizens. On the contrary they were convinced of having done right, and of hay- ing certain CONVICTIONS OF A IIGHER CHARACTER, that they were instruments by. ad poret to carry out nate designs, which had inspi them to work and invite the highest criticism. General Davies (smiling)—I would like to ask what has higher conviction to do with the matter ap spe Court? poral 1 ungtionsthe r. Reymert con 7 again urging the case Firatad oh ‘and allowing an ¢: ation as goon as possible. Commissioner Osborne—As the case presents itself before the Commissioner it will be unneccs- sary to go on with ap eé: tion. The object of the examination is to get sufficient facts to hold hem, and those defendants for trial. But the Grand Jury, which isa bigher tribunal than the Commissioner, having, with the raged of the Percracieny, passed on this question, and having found tndict- ments against the prisoners, I am obligea to take notice, tl h the official information given me by the District Attorney, that such indictments have been found. It would, therefore, be a waste of lime to go into the detalls of the case, because whatever decision I might arrive at by an examina- tion would be of no benefit to the defendants on their trial. I pass mot om the character of the paper, whether it is OBSCENE, VULGAR OR INDECENT ; but ifevidence were taken before me I would have to pass upon its character, The Grand Jury having taken up the matter and found indictments, it now only remains tor the Marshal to serveon the pris- oners the bench warrants which have been issued under the indictments, The case before me is dis- missed. risoners asked if the govern. Counsel for the ment could give him some idea of the time when he proposed to try the c , but I will be ay t glad to have a speedy trial on this case, and I will canes, tne prisoners have ample and timely notice. In a to a question from prisoners’ counsel General Davies said he did not intend to make any increase in the amount of ball, which had been fixed at $8,000. ‘The large and curious crowd which had assembled in the court. room to look at the prisoners were apparently Seapine at not peviie served up to them the “big dish” of scandal which they ex- pected, and doubticas would have enjoyed with tie greatest relish. REARRESTED, The prisoners were then rearrested under the bench warrants, aud removed from court by a pri- vate passage, to avoid the crowd on the lobbies, to Ludlow Street Jail, where they will remain until their trial, unless they can procure Writ of Habeas Corpus Granted in the Cases of Woodhull, Claflin and Joloncl Blood by Judge Fancher, of the Supreme Court=The Case to Come Up on Wednes- day Next. It is very evident, notwithstanding all their prat- ings about martyrdom, that neither Mrs. Wood- hull, nor Miss Claf_in, nor Colonel Blood relish being kept in prison, On the contrary, it is evident that they are quite a8 anxious to breathe the air of free- dom as ordmary mortals and do not mean to leave any stone unturned promising any show of restor- ing them to liberty, As preliminary to the accom- ag of this end, immediately upon the open- % Of the Supreme Court, Chambers, yesterday morning, Fg) Fancher on the- bench, application was made by Mr. Wm. F. Howe, their counsel, tor a writ of habeas corpus im their behalf, Mr. Howe alleged that rh are illegally detained and re- strained of their liberty, and claimed that they are entitied to their release. The petition upon which the writ was asked was couched in the usual terms—that is to say, a distinct statement of each being illegally restrained of liverty through the agency of a magistrate and Court not possessing competent jurisdiction, The application was granted—there being no other aiternative, of course, for the Judge—and the hearing set down morrow, Blood will lose his vote, any way, by this scrape,” said a person in the court room. s Malice—Proceedings in Court, One o'clock yesterday, was the hour fixed for the the old, threadbare joke, “Mighty littie be will teil,” @nother auswered with all seriousness and utterly oblivious of the joke intended, . “Mrs, Woodhull being a candidate for the Presi- deney ot Sar Calas States,” said another, “it nore rough ping her in prison on election ommen| in fact, were general. The writ, which was the ‘useat ort 3 lank form filled up, was made returnable to-morrow. A writ of ‘art ‘Was also issued, directed to Justice Fowler, to be in readiness in case the female brokers were re- leased by the United States authorities, so that the State oficiais shouid not deprive them of their liberty longer than was absolutely requisite. BERGH’S BOTHERATIONS. Application tor an Injunction Against Him by Severai of the City Stage Com=- panies—They Cha That His Arres' are Arbitrary and Unwarranted by Law—Procecdings in the Court of Com- mon Pleas=Case Still On, Application was made yesterday before Judge Joseph F, Daly, holding Special Term of the Court of Common Pleas, on behalf of the owners of the Broadway and Fourteenth street, Broadway and” Madison avenue, Broadway and Fourth avenue and Broadway and Twenty-third street lines of omnibuses for an injunction against Henry Bergh, President of the ‘Society for the Prevention of Orueity to Animais, to restrain him from further arresting their drivers, taking horses from their omnibuses or in any way interfering with their business. . ‘THE COMPLAINTS. These are most minutely and voluminoualy drawn up, and the specifications in each nearly identical. It being conceded that the allegations in each are about the same, and the anawers of similar charac- ter, the papers—this being brought forward as the test case—were only read in the case of the Broad- way and Fourteenth street line. This complaint sets forth, in the first place, that neither the original act under which the soclety was organ- ized nor the amended act gives Mr. Bergh and his agents the power to arrest at will their driver it 1s alleged they have been in the habit of doing. A second ground of complaint ts compellin; refunding of fares to passengers cousequen' npon the arrest of a driver and removal ot a horse or horses from an omnibus be- fore a trip is concluded. It is claimed that, through his ig a arbitrary interference with their business, they have sustained at the least caloulation $25,000. Backing up the complaint were CONFIRMATORY AFFIDAVITS. The first affidavit read was that of Mr. Augustua Ives, the President of the company, a position, as stated in the outset, which he has filled past fourteen years. He says that ene gomplon only the most careful drivers ‘and that the best possible care is taken of the horses. He further states that they have men on the route looking after the horses; that they have skilled veterinary ‘surgeons to look after their horses; that not one is hitohed toan omnibus in an unit condition to work, and that no horse is driven over five hours out of twenty-four. It there has been any cruelty it is alleged to have been on the part of elther Mr, Bergh or his agents, who have frequently kept their horses exposed tor hours in the heat and sun without food or water. One of the agents of Bergh, he says, ig a carpenter and knows nothing about horses except the little he has picked up during the three montis of his connection with this s0- cicty. Another strong point in his affidavit is that there has not been a single conviction of any of the arrested drivers, The afidavit of William Stevens was next read. He is an “‘old stager,”’ Boing over thirty years em- ployed in the business in this city, the past six for the Broadway and Fourteenth Street linc. He states that the drivers do not select the horses, but drive such as are given them, aud therefore should not be amenable to arrest if an untit horse is given them. He gives @ story of his own arrest last Summer, when he was driving his team back to the stable, having first transferred his passengers to another omnibus. He turned the horses back on account of one being sunstruck; but, though he explained the circumstances, he was arrested, and locked up all night ina station house without the knowledge and to the great alarm of his wife and eight children, living in Williamsburg. The com- plaint was that he was driving ‘a lame, old, worn- out herse.” The magistrate, however, promptly discharged him. He was sick himself at the time, and the result was that he was unable for soveral days to work. The affidavit of Mr. Donohue, the Superintendent, was also read. This was merely corroborative of the statements of the President of the company. MR. BERGH’S ANSWER. In his answer he made distinct and positive denial of all the allegations complained, except as to tie organization of the society and ls being the President. It alleges that he has been instigated by no ill will against the company; that no arrests were made without sufficient grounds; that he had no tear or hope of reward; that he had no pecu- niary interest ln the society or the fines imposed; that he gave his services ome pay and ¢ in what he did he was only controlled by the most humane interests. He took the opportunity af- forded him from the windows of the society rooms to see the condition of omnibus horses; that in the last six years he had carefully studied the nature and physical requirements of horses; that. his agents were selected on account of their familiarity With the subject, and denied that they had ever compelled refunding of fares, but said this was the work of the passengers. As to non-convictions if arrested, he declared ‘that their release was, in — all cases, owing to his solicitation in their ehalf. Following Mr. Bergh’s answer was an affidavit wi god, wrt tell,’ whispered another, getting of- dy of Mr. McCarty, present Superintendent of the society, but for a long time its chief clerk. He said that the men stationed along the omnibus routes to look, as claimed, aiter the horses, were “spot- ters,”’ who were looking to see that the drivers did not knock down in fares and giving a mcment's thought to the poor horses. THE LAWYERS TALK, When the reading of the papers was finished the lawyers began their talking, which lasted several nours, and then was not finished. The argument will be finished to-morrow, to which time the Court adjourned. THE CENTRAL UNDERGROUND RAILROAD. The Contractor Anxious to Build the Road, and Sues the Company to En- force the Contract—Decision upon a De- murrer to the Complaint. It is unnecessary to go over the history of what is known, or would be known if it existed, or had any sort of show of becoming a tangible reality—the New York Central Underground Railroad. A charter for such @ railway was o»tained two years ago, and Mr. Francis P. Byrme obtained the contract for building the road. Barkis-like, he was willing to do his part of the work, but there was a hitch on the other side. The resultis that there has not been a shovel of dirt upturned as yet to carry out the provisions of the charter. Becoming impatient at the delay, Mr. Byrne instituted a suit in the Supreme Court against the company for enforce- ment of the contract, A demurrer was made to the complaint, and an argument, which was reported at the time in the HERALD. was heard before Judge Barrett at special term. The Judge yesterday gave his decision inthe case, susiainfng the demurrer, The following includes all the mater! points of JUDG! RRETT’S DECISION :— Upon principles well settled in England, and which has been followed f a Court of Eqaity will not iy country, n undertake to compel the specific execution of a contract for the building, construe ind equipment of a rail- way. racter of the contract set out in the presont complaint is such us to bring them fully withit rn f se contracts call for the perforin: sono . Thes of continuous duties upon the they contain bi a wit ct to the sale of the bonds and to le and the payment for the work. The defendants, it is uite clear, apon numerous authority, oala not en- force the specitic performance by the plaintiff of these continuous duties. WRether, therefore, we consider the inherent character of the provisions with respect to ayment ought to be entorced, or to the part of mutual- ity In the remedy, the complaint asa bill for a specttic rformance cannot be sustained. Nor canitbe sus- ined in its present shape asan action at law. Grant- that the character ot the demand of payment is no objection C4 demurrer, the facts stated are insufficient he plaintliT to damages. * © TI doubt resolution declaring the contract 10 annulled was of itself a breach, in the gorge of thereot aintif. But is resolution wi the defendants, Tt was not passed Lm ¢ Board of Di- rectors, but by an executive committee of such board. Such an act was not within the scope of the committee's authority, and there is no allegation of any such author- ity or of tho ratifeation of the act. On the contrary the allegation with respect to the first of these resolutions ii that the executive committee “passed a resolution un taking to revoke and annul ce. (which shows the derstanding of the pleader); and the Board of Directors, so far from Fatitying the resolution, stoutly aiterwards reaftirmed the contracts, However viewed, this com- plaint is dofective, and the demurrer must be sustained ‘with costs, and with the usual leave to plaintiff to amend upon payment of such costs. THE BIBLE SOCIETY AFTER A BEQUEST, A Will and Its Curious Contingencies= How the Case Got Into the Courts and How It Stands—A Demurrer Overruled, In 1866 Mr. William Gray died in this ety, leaving & widow, two sons and considerable real and per- sonal property. He left a life estate to the widow, and directed that in case the sons died before she did and without leaving any children, their por- tion of the property should revert to Ler, and that upon her death one-half of the estate should be given, share and share alike, to the American Bible Society and the American- Colonization Society. Both sons died before her and neither left children. The widow died about a vear ago. A dispute has arisen about the property and the Court has been invoked to settle it, On the complaiat a demurrer whether the t be notice was made. Yesterda) preme Court, before w! gave as follows his The-principal ground of is that te pial e-prin round of demurrer y int haveristnkon their remedy. This, however, fs not f round of demurrer. was sald by Ke, J, im imory vs. Pease, 20 ¥ew York, Oa:—"If the caso which ‘the plainu states en: him to ou equitable, his complaint is not to be di has prayed tor a nt to'which he 1s not entitled.” ‘This is the doctrine of numerous othor cases, and is set- ted law. Upon the plaintitfs own showi Y have a right to “the Oly. intment of a trustee pose of carrying out t tons decision upon grand demurrer, and the Cou hot stop to consider whether the relict actually demanded 4g or is not an appropriate sequence from the fact stated. The othor ground of demurrer is equally unten- able. It proceeds upon the admission that ‘the de- fendants domurring have no interest in the controversy ; in other words they claim not that there are too few but too many defendants, This is not ground of demurrer, as has been settled in numerous cases. Besides, it 19 ‘ap- Parent that upon the face of the wills of William and Mrs, . Gray these defendants may at least be sald, asa matier of legal ingtrument, to claim some interest in the estal In that as) TM are properly. joined in the pur of successfully gutting them off anit conferrin achal yo the pro} ecree, aid aso personal judgineut 1s claimed against them they have no just ground of compiaint. For reasons the demurrer must be overruled with costs, a Barrett, of the Su- case was brought, BUSINESS IN THE OTHER COURTS. seers UNITED STATES COMMISSIONERS’ COURT, Charge of Aiding in the St gs of $2,000 Worth of Postage Stamps. Before Commissioner Betts. The United States vs. Nathaniel G. Hayes.—The defendant was arrestea by Deputy Marshal Purvis on a charge of having aided in the stealing of $2,000 worth of postage stamps from the Post @ftice of Bridgeport, Conn. It is alleged that Hayes ts in- Purported 0 be westdaed. copy of the indictment urported to be certified copy.of the was laid before the Commissioner. The ol of the present prosecution is to remand the a fant to Connecticut for trial Mr. Edward Price, coun- sel for defendant, raised some objection to the competency of pee. BADOrS, end the case was ad- journed till Wednesday, when he will submit his views upon the point, SUPREME COUAT—CHAMBENS, Decisions. By Judge Fancher. Hemenway vs. Wilson et al.—Motion granted. $750 to Tracy and $250 to Dickinson. Stultz vs. Halstead.—Motion granted. Theodore P. Austin et al. va. Eugene A. Heath et al.—Motion granted and reference ordered to take testimony gD vad same, with opinion thereon. Cronin vs. is.—Motion granted. Peot vs. Keller et al.—Same, F. Ferru Alonzo et al. vs. Romer.—Same. Benton et al. va. Williams et al.. me. Boyha vs. McBain et al.—Same, Williams et al. va. Winert et al.—Same. Voorhis et al. va. Olmstead et al.—Motion granted for November 11, 1872. Smith vs. Hi —Motion granted. Underhill va, Morgan et al.—Same. Moses et al. va. Griswold.—Same. Truesdell va, Heath.—Same. SUPERIOR COURT—SPECIAL TERM. Decision. By Judge Sedgwick. Hermitta Maggocht va. Christopher 0. Maggo- chi.—Judgment of decree granted. SUPREME COURT—SPECIAL TERM. Decisions. By Judge Barrett. Gotz vs. Baxter.—Motion for new,trial denied, Bukner Riein vs, Gibson et ai.—Judgment for the defendant. Fannor vs. Hamilton.—Judgment for the defend- ant, with costs, bg aa a vs, Backus.—Demurrer overruled, with costs. Ginsler et al. vs. Stuyvesant.—Judgment for the defendant with costs. Newton vs, Chamberlain.—Same, Vrooman vs. Pinckney.—Demurrer overruled, with costs. Farnham, Administrator, vs. Read et al. Execu- tors.—Judgment for tho defendants with costs, Chamberiain ct ai. vs, Lindsay et al.—Motion for new trial granted. SUPERIOR COURT—TRIAL TERM—PART I, Falling Into a Coal Hole and Verdict of Damages. Be‘ore Judge Sedgwick. Mr. Spencer L. Hiller brought suit against Richard Oliver & Co., claiming $500 damages on account of injuries sustained through falling into a coal hole in front of the latter’s place of business. The case was tried yesterday and resulted in a verdict for the full amount claimed. COURT GF COMMON PLEAS—SPECIAL TEAM. Decisions. 4 By Judge Robinson. In the matter of Max Friedlander—Writ dis- charged. - In the matter of Thomas Maxwoll—Case for pay- ment of money granted, ‘Thurber vs. Hunt—Case denied. y Judge J, F, Daley. Bangor vs. The Blue Ridge Railroad Company et al—Demurrer overruled. SEFFERSON MARKET POLICE COURT. The Woodhull Case—Arrest of Stephen Pearl Andrews—A Bond Robbery. The well-known Spiritualist writer, Stephen Pearl Andrews, was yesterday arrested, on com- plaint of Mr. Challis, charged with being participe ertminis in the Woodhull libel, and brought before the Jefferson Market Police Court. No examina- tion was had, and Mr. Andrews was held to bail in the sum of $2,500. When the Court adjourned he was expecting the immediate arrival of his sure- es and mestwhile was left in charge of the Police rgeal In conversation with our reporter Mr. Andrews stated that he had no connection with the Wood- hull’s paper, and, so far from having anything to do with the libel, he was not even aware of Mr. Challis’ existence until after the publication of the alleged libellous article. John 8. Christie recently went to the office of Mr. Frederick W. Ludiow, @ broker, doing business in Liberty street, and stated that he had an oppor- tunity of selling two certain United States bonds of $1,000 each, and by his representations induced Mr, Ludlow to , ae such bonds into his possession. He failed, so it is charged, to make any return therefor, and was brought up and committed in default of $2,500 bail. BROOKLYN COURTS. UNITED STATES COMMISSIONERS’ COUAT. False Registration. Before Comissioner Jones, Michael Connor was arrested yesterday for ille- gally registering his name in the Third district of the Twelfth ward, he being an unnaturalized citi- zen. He acknowledged the offence and ciaimed that he was under the influence of liquor at the time. He was held to bail in the sum of $500 to await ahearing. Warrants have been issued for the arrest of others, CITY COURT. A Government Clerk Prevented from Voting in Brooklyn—“Flooding the Country with Administration Voters”— Judge Thompson's Sentiments, William L. Brown, & clerk in.the Treasury De- partment at Washington, formerly @ resident of Brooklyn, where he owns the premises 15 Skilman street, returned to Brooklyn on Saturday and ap- piled to the registers in the Seventh district of the Fifteenth ward to place his name on the list. They aid so; but it ap both he and his family reside and have done so for two years past; erased the name. Brown appealed to Jud; Thompson for @ mandamus to compel the registers to place his name on the voters’ list. Judge ‘Thompson expressed the opinion that the registers were right, and denounced “the practice o1 flood- ing the country with voters in the of the ad- ministration” as one that should crushed, It seemed to him a great outrage that a band of re- tainers should be kept there and sent out at elec- tion times to do at tne polls the bidding of their masters, Judge Thompson phages lenied the motion for a mandamus. In his opinion the Judge said:—My conclusion is that the word service, as here employed (referring to those in government employ). does not mean to cover the case of an ordinary employé of one of the departments of the general government. Second, ven if this use of the word service in the constitution is construed as broad enough to cover a case of such employ- ment the question of actual residence still remains to be settled in the case of the relator, The fg hen that “such service shall not be deemed to have gained or lost a residence” does net pre- vent him from actually changing his residence. It merely intends that such flag Foal alone shall not ipso. , Inand of itself, change such resi- dence. It does not debar him from making such change. He may establish a residence in the city of bide ae and exercise all the privileges of a resident that place, Tho relator could undoubt- edly have continued his legal residence in Brook- lyn by leaving his family here, and by such other acts as would have clearly manifested his intention to continue such residence. But he has chosen to remove absolutely with his family to the city of Washington, leaving nothing here to indicate his continued residence, and re ing upon @ vague in- tention of returning to this city at some remate period, when he shall have been turned out oi his present oficial position, THE GREAT APOSTLE oC one Of the voiltical parties af this country hag established the “few die litical their ual int is correct, he may Geptial Mectors and Oot minor offices of our local go cannot have been The Judge goes on to say that the fact that he had some intention of returning to Brook- lyn at some future time does not destroy the effect of such an actual cl of residence. There ma be a class of persons who have retained their resi- dence at their former homes and who properly vote there. This custom algo be influenced by the idea that a vote at Washington excludes thom from voting for Presidential electors and voting for Congressmen, rendering vote of LITTLE ACCOUNT TO THE ADMINISTRATION they represent. Were one of these parties, how- vere mere ag Be a Fnbciipe serv fs the city of mn, under roceedings, we appre- hend he would change his opinion upon the subject, The policy ee an army of ter retainers at each successive election from the ty. of Wi rmitting them to desert their whether belonging to the military, naval or civil service, to influence and control elections in distant sections of the country is wor- thy of reprobation and must ultimately lead to the conclusion as in many an countries, such person should be absolutely, excluded from 1) OF voting. But such considerations belong to the tive, and not to the judicial de) ent. It is, however, sufficient for the present purpose that the relator had apparently made au actual al Trealdence and was no longer en- ti vote in the city of Brooklyn. If this is so, gacrednaid nants mt, bey ‘was 80 rej Shout assume the right to vote, he would render himself liable to arrest and punishment under the lawa of New York against FRAUDULENT VOTING. If a fow arrests were made in cases like this, and brought before the tribunals of this State, it would Settle this important and vexed question. peer the registers of election have now spmplered thei duties, perfected and published their lists, which bave passed out of their. and they have no longer any power to mak¢ ich corrections, For these reasons the applicat for a mandamus ig denied. [have consulted my colleagues, and they agree with the views above expressed. LITERARY CHIT-CHAT. eee Be Mr. Tuomas ©. Amory, of Boston, has @ book in press on “Our English Ancestors.” It will be his- torical and literary rather than genealogical. Tue HISTORY OF THE AMERICAN FLAG has been thoroughly written up by Captain George Henry Preble, United States Navy, whose book, “The Origin and Progress of the Flag of the United States of America, with an Account of the Symbels, Standards, Banners, and Flags of Ancient and Mod- ern Nations,” will be goon brought out by Munsell, of Albany. In Dr. Cant Born's “Smalipox: the Predispos- ing Conditions and Their Prevention,” just out in Boston, the theory is advanced that this dreadful disease is provoked by toémuch albumen and too little salt in the blood. The author asserts that wher- ever from any Oause salt has become scarce we find smallpox a regular ‘visitant. If people would drink les#'tea, coffee and “alcohol, eat less sugar and more salted food they would get the proper balance in the blood and gould not take smallpox or any contagious disease. So says Dr. Both. THE Saturday Review sharply criticises a pre- tentious book by Dr. Henry Dircks, called “‘Natural- istic Poetry.” It says:—‘“By the side of these de- pressing pages Mr. Timbs’ works are exciting, Mr. ‘Tupper’s poetry is brilliant and suggestive, and the literature of blue books is racy and entertaining.” THE “WORLD OF ANECDOTE,” by Eawin Paxton Hood, is a republication by J. P. Lippincott & Co, of the most recent London collection of anecdotes. Though De Quincey gave it as his deliberate con- viction that “alt anecdotes are lies,” we find the majority ofmankind have ever regarded anecdotes as among the best and most trustworthy teachers of truth. This collection has-been gathered by one who evidently has a higher purpose than to amuse. It represents wide and careful reading, and does not repeat any, so far as we have observed, of the old “Joe Miller’s,”” which are familiar to satiety to all readers of the periodical press. Mr, Hood has made a large number of his citations of anec- dote from American books, and has succeeded in gathering together a highly instructive mélange of entertaining reading. HERR WUTTKE, & learned and inexhaustible Ger- man, has published an exhaustive work on the origin of writing. His theory leads us back to tat- tooing as probably the genesis of the art. But, un- luckily for this theory, the tattooing nations have made little or no advance towards writing, and the writing nations have never been tattoed. THE TURKISH metropolitan press has been in- creased by the publication of a new paper in Stam- boul, called the Bedr (or “Full Moon”), which as- pires to be at once a political, financiai and literary organ of Turks of the more cultivated class. It is to appear daily, except Sundays and Fridays. COLONEL J. W. Fostsr, the Chicago scientist, has nearly ready an extensive work on “The Mound- Builders,” a subject to which he has devoted sev- eral years’ research. CARLYLE, now nearly eighty years old, has aban- doned writing, but still appears in society occa- sionally and talks as vigorously as ever. Mr, TREAD in his new “Manual of Pottery and Porcelain,” published by Putnams, apologizes for not writing a chapter on American porcelain, since it is confined to ong dozen plates, made once upon a time in New Jersey. THE TWENTIETH ANNUAL ReErokt of the Boston Public Library, just out, shows additions of 14,000 volumes of books during the year, making the col- lection, now numbering 194,000 volumes,.the second in the country. The circulation (of books lent to readers) is set down at 346,000 volumes for the year. A FIERCE FRENCHMAN has uttered his protest against the German occupation of his country in a book entitled ‘(La Force n’est pas le Droit: Delenda Germania.” In Fiaurer’s ‘Vegetable World: a History of Plants, with Their Botanical Descriptions and Pecu- lar Properties,” Messrs, D. Appleton & Co. have given the public another of those splendidly illus- trated works on natural history which are charac- teristic of the modern press, The wood-cut illus- trations in the ‘Vegetable World” are the choicest specimens of drawing in that style that we have seen. Every tree, shrub, leaf and flower is depicted with tife-like accuracy. Of the scientific merits of the book the established repute of M. Figuler among French naturalists may be regarded asa guarantee. He has done as much to popularize the facts of science by his works on palaeontology and other branches of natural history as any living writer. FUNERAL OF MRS, VINCENT COLLYER. Sacred Services at St. George’s Church. Distinguished Mourners—Dr. Tyng Of- ficiating. The funeral services over the remains of Mrs. Vincent Collyer, the wife of the United States Indian Commissioner, took place yesterday in St. George’s church, at the corner,of Sixteenth street and Stuyvesant Park. They were most solemn and impressive. The congregation that was gathered was composed of the most highly respectable and distingué people, many of whom are well-known members of the art profession of New York. The Rev. Dr. Tyng officiated, and, after the reading of the Episcopal faneral service, spoke long and feel. ingly of the merits and man; ntle qualities of the departed, she having been oe of the most be- loved and faithful members of his church. The coffin was borne from the sacred portals by the following pall-bearers, who are noted artists :— Daniel Huntington, N. A.; John F. Kensett, W. Whittridge, Thomas R. W. Hubbard and J. W. Falconer. Attired in sable mouraing and bowed in decent grief were the white-crowned Peter, Cooper, Edward Cromwell, George Hancock, G, P. Putnam and Franklin Hancock and other rel- atives of the departed. The throng of ladies pres- ent was very great. Mrs. Collyer was BAL ily connected, ani was descended from old J lan- cock, one of the signers of the Declaration of Inde- pendence. CANADIAN BANK OFPIOERS. DROWNED. NAPANER, Ont., Nov. 4, 1872. Mr. R, A. Lesile, manager of tho-Bank of British North America, and his accoutant, Mr. McDonald, were drowned by the upsetting of a boat on Satur- day. Both of the bodies were recovered within tweaty minutes, but life was extinct. MR. STANLEY IN SCOTLAND. The Corporation of Glasgow do Honor te the Americ: Discoverer of Living: stone. . [From the London Standard, Oct. 23, by telegraph} GLAscow, Oct, 23, 1872. To-day Mr. Stanley was entertained to a banquet by the Corporation of Glasgow. The Lord Provost Presided and proposed Mr, Stanley's health, Mr. STANLEY sdid—Gentiemen, the echoes of the salutations you have given me, and the grasp of the hand which I received from each of you in the adjoining hall, I still fecl here. I think it is very far different from that minatory front which I must say every Englisimua raised up when I frst came to England, I think it is extremely different; in fact, so far different that I begin to ask myscif the true reason for this sudden change. 13 it not be- cause you lave received Weekly communications from Dr. Livingstone ever after I had left him? (Hear, hear.”) Is not this a change from that dark silence that enveloped the explorer, and * which lasted from June, 1369, till the 10th of No- vember, whenI met him up the Ujiji last year? How did he come to be alone there ? What was he doing in Africa ? What had he gone there to see— @rced shaken with the wind? Gory battie-tielas or honor or distinction there? (‘No, no.”) He ia the apostle of Africa. He is the explorer, and the voice of hia friend still urges him onwards to com- plete his duty, and solve the question of the acurces Of the Nile, and then come home. But you and I, gentlemen, will not agree with the Spectator that @ll these explorations, all these sacrifices of many years, avail Rothing and are of no use whatever. You are charitable, I am charitable, we are ali human, and I am éure we do not feel in that way with the Spectator, We know that if he explorea all that dark and impenetrable interior of Africa there Is a future tor that dark country, We know yell that those dark, benighted savages will say in the future, “Come on, civilization—we are Rhona on you,” and when civilization shall have done its work, what shall be said by the Christian men who sed his pioneer work? They will say that it was Living (Ap) doing? 1s he not the Attila o! not the Sir Walter Raleigh? Is he not the Cap- tain John Smith? Is he not the Heugist and Horsa who invaded Great Britain, and turned it to what it is to-day? And so we waut many Moresuch men. We admire Livingstone; but there are great and grand fields and still unexplored re- gions in the heart of Africa, We want many more such explorers, and this example set by yg stone has influenced young men, They wiil themselves this—that if Livingstone can go on living all this time aud exploring these regions, Bay me not also do it? why has it not been done since Mungo Park fell on the Niger? ee, Lee Rames have perished in the cent of Africa, and did we not think some time ago that gallant band? Livingstone had also joined Dr. Livingstone had no pepe that the Royal Geographical Society would nto me, but neither of us did anticipate that the story 1 had to tell of my ae with Living- stone would be doubted, and that Dra. Censure, Bunkum, and Cad, Jr., would. dispute it, Well, what did it matter? as [knew my story was correct. I knew that though my veracity was impeached it Would come out all right. (Applauge.) So it has turned out. However, I have tound out 80 mai mistakes in the newspapers that, upon my word, did not dare read one for a week, so many Were the errors with respect to names and facts. If I had said “north,” it was sure to be put down in the pa- ers 29 ‘south.’ When Dr. Livingstone comes to alk to you here you will not say, “Dr. Livingstone, you are drawing the long bow.” Wher he ad- dresses the gentlemen of the corporation of Glasgow, and says, “That river that 1 dis covered is the le,” you will not declare “4t is the Congo.” fo more will you dispute with him than I hoj FAA wi you will dispute with me. (Applause.) But some societies not so well bred as this society, (Laughter aftd applause.) You know I had such a sweet, charming invitation to godown to Brighton, I said to myself, “Well the English people have been enveloped in a cloud, and I will endeavor to pierce it.” Dear me, what blessed innocente was mine; what a raw rustio youth was I to think I could move all that sceptical mass to way of thinking and to Dr. Living. stone’s way of pone but in telling the story of the invitation I should say that, although the ex- Pedition cost from $40,000 to $50,000, the society coolly asked me to come down and tell them secrets that I had gained. Do you not: think when Isaid, “Yes, with the greatest pleasure,” I was doing 8 great thing—was revealing all the secrets to obtain which Mr. Bennett spent about ten thou- sand pounds? When say covered Dr. Livingstone, I mean not me, but Mr. Bennett. Of course the great mo- mentous day came, when Brighton, which hitherto had been involved in a fog, was to be enlightened; and the Geographical Society, which waa hitherto so sceptical, was to be converted from so many doubting Thomases, and that scepticism was to be banished at once, and swept away with a clean broom, Icame down to Brighton. Oh | there was such a crowd as would make the eyes of an orator glisten and his heart swell. Therefore, when I saw the sympathy that was manifested by the audience it acted like magactism upon me, and I spoke my feelings, which were fresh, to that great mass of faces, who, as one individual, seemed to ask me to tell them the story of my dear friend Dr. Livingstone. Could Ihave the heart to refuse them, more especially as I knew of that old man’s woes and sufferings which he related to me on the Tanganyika? Could Ihave said to the audi- ence, with a mocking smile, Dr. Livingstone ta juite well, and seuds his best respects to you? jould I have said that and then 4 down, telling them that would say no more? No, gentlemen. I spoke what was in my heart, and_ related to them the suf- ferings, ana I hoped that narrative to them would make such an impression upon them that they would sympathize with the old traveller and be- lheve the story I told them, I then sat down, fancy- ing lhad made an impression; but, Englishmen, the sequence was really pathetic; how it barasses my feelings overy time I think of it! One gentle- man got up and said, “Ah, Dr. Livingstone says he has seen cannibals there, and men eating there. Impossible. Dr. Livingstone is wander! ng he has been much farther west than he thought.” That gentleman sits down, and another gentleman rises, and every time I find I have another antago- nist. So {take my notes, Dr. Bunkum says, “I teel convinced that Dr. Livingstone has not discovered the sources of tho Nile.” That gentleman sita down, and Cad, Jr., says, “Well, Dr. Livingstone will by and by Begin to say what I have said. Ido not believe in his arbitrary way of settling the sources of the Nile, because I do not understand it.” So Cad, Jr., bows to the audience, and then takes his seat, and then 1 am asked to rise and re- ply. Ihave got notes, and remark that one gentleman had said because Dr. Livingstone saw no orilias on the Lualaba he must have been much farther west than he really bai, Pe because I never saw any souls in Uganda, ie gentleman forgets that between that point and Dr. Livi: stone's oe, there were eight degrees of longi- tude. e gentleman might have said, “I have seen St. Paul’s Cathedral,” and another gentleman in France might have said, “You are mistaken, sir; there is no St. Paul’s Cathedral in France, there- fore there can be none in England.” What was the end of it all? The gentleman got up and with great suavity, an elongated smile and witn sweet sym- pathy, said, ‘“‘We are very much obliged to Mr. Stanley; but we do not want sensational stories. We want facts.” Well, I might have risen and, like the Irishman, said, “Shure, begorra, all I have sald are facts.’ (Applause.) Mr. Stanley aelivered a lecture on Central Africa in the City Hall, in the ee J to an audience that filled that building. The Provost again pre- sided; and on Mr, Stanley entering the organ 1 formed ‘See, the Conqustiag Hero Comes.” audience received him standing and waving their handkerchiefs, A vote of thanks was awarded him at the conclusion. THE TROY STEAMBOAT OOMPANY IN BANK- Ri A meeting of the creditors of the above company was held yesterday at the office of Gray & Daven- port, No. 9 Nassau street, to consider a proposl- tlon made to salieve the above company from bankruptcy by @ compromise of sixty cents on the dollar. From the report of the committee of cred itors it appears that the family of Captain Hancock are the che tockholders; that while the Mabili- tes are $170,231 63, the assets are only $106,106 49. Mrs. Hancock proposed, as a settlement, to payon the 1st of January one-half of sixty per cent in casb and notes jor one-half of the balance, payable in one year at seven per cent interest, and notes for the other half at two years at six per cent inter- est, the notes to be secured by mort; upon her peeecly cl ibe bor valued at $90,000 over and above all incumbrances. cepted and the Court will be asked to some $50,000 now in their hands to cover the cash payment of Mrs. Hancock. terms of the agreement incinde the appointment of C. F, Hunter, President of the People’s Bank, as. trustee of the te. A FRENOHMAN TAKES POISON. An Inventor Partially Insane. ‘The Fifteenth precinct police yesterday morning informed Coroner Keenan that Bmile Prevost, forty-four years of age, and a native of Paris, France, had committed suicide at the University puilding, 31 East Washington place, at five o'clock the morning, by swallowing a quantity of lauda- as Deceased, who was emathinist aad an in- ventor, had long boen engrossed in perfectt some complicated invention of his own, and wht the work progressed unfavorably he became de® pondent and took so excessive drink, ‘Chis acceler: ated a trouble to the head, caused by an injury received in England some years dd when inebriated Prevost seemed to be ferer and was unaccountable for ‘his acts, On Sat urday, while in that frame of tnind, Prevost swat lowed the fatal draught, Wnich could not bere moved from bis stomach. 1ause. ) civilization? Is he fan excessive aut | itor The |