The New York Herald Newspaper, November 7, 1872, Page 8

THE COURTS. WOODHULL-CLAFLIN SLANDER CASE. The Writ of Habeas Corpus---An Effort Made to Bail the Prisoners--They Are Still in Ludlow Street Jail---The Case of Colonel Blood. THE GASLIGHT COMPANY An Appeal to the Covrts---The Company Voted “a Nuis- ance”---Decision R¢served. Ben Wood Again in Court--The im- policy of Dealing in Policies--- The Louisiana LotteryGame. | AX ON SHERIFF'S FEES. ‘Important Decision—The Duties and Fees | ef Marshals Defincd—A Matter of DoMars and Cents, IMPORTANT TO LIFE INSURERS. Insurers Taking Out Policies to Tell the ‘Whole Truth—A Look Out—Warn- ing—Important Decision, ‘BUSINESS IN THE OTHER COURTS. A decision was rendered yesterday in the Snpreme Court, General Term, Judges Ingraham, Brady and Leonard on the bench, in the appeal from the judg- ment rendered some time since in the Court of General Sessions, declaring the New York Gaslight Company a nuisance. It was held by the Court that though the gas works might be prejudicial to health ‘and cause depreciation of property in the vicinity, that the same was sanctioned by legislative enact- ment, and that, though a nuisance, the benefits con- ferred upon the public was a paramount. considera- Aion, There was a reargument yesterday before Judge Barrett, at Special Term ofthe Supreme Court, in the case of the famous but now threadbare suit of G.E. Simmons against Benjamin Wood, growing out of their previous partnershIp in the lottery ‘Dusiness. No new tacts were developed or new poinis raised. An important decision was yesterday given by the Judges holding the. Supreme Court, Gencral ‘Terny, upon the subject of life insurance. A person got his life insured, but kept concealed the fact that at the time he was.in such a delicate state of health as to require the frequent visits ofa physician, This was held suMcient to vitiate the policy. Alarge crowd gathered. yesterday morning in the Supreme Court, Chambers, expecting that the Woodhall-Clafin-Blood case would be brought into Court upon the writs ofhabeas corpus granted on Monday. Mr. William F. Howe, their counsel, had the returns to the writs delayed till this morn- ing, when an effort doubticss will be made by him under these writs to. accomplish their release from prison. Messrs. John E. Townsend, Jacob Miller and N. B. Hoxie were yesterday appointed. by the Judges of the Supreme Court, Genera] Term, examiners of applicants for admission to the bar. Messrs. G. B. Brownell, E. A. Doolittle and Francis Byrne were selected as the committee to pass upon the charac- ter of the applicants. WOODHULL AND CLAFLIN. po are Another Arrest in Their .Case—Colonel Blood Stiil im Durance, but a Crisis Said To Be Coming——The Martyred Sisters to Appear in Court as Witnesses. William De Nyse, the stereotyper.of Woodhull and Clafin’s Weekly, was yesterday arrested at his residence, 303 South Fifth street, Williamsburg, opon complaint of Mr. Challis, and brought before Justice Fowler. He was held to bailin the sum of £2,500, Colonel Blood is still im the lockup, bot yesterday afternoon his counsel, William F, lowe was sent for by the imprisoned fair ones, and was instructed, in a series of sobs and lamentations, at once to take immediate and prompt measures to obtain the release of cause while the defemdants conduct their business With skill, science and care.” The case must rest hore, nnicgs, of course, it is carried to the Court of Ppei BEN WOOD IN COURT. ‘4-12-44—How the Case Stands in the Courts—A Pretty Maddle—Ben- jamin’s Defence—Suit Still Pending. ‘The famous suit of Z, EB. Simmons against Benja- min Wood, begun some three years age in the ‘Supreme Court, still Hives, but as time an@ the liti- gation progresses seems to become more and More involved in @ muddle, The suft, it will be remembered, was brought with reference to lottery transactions and property in Louisiana, Kentucky and Missouri, Shortly after ‘the institution of the suit John Morrissey was appointed by Judge Barnard receiver, Mr. Morrissey sold out the whole concern to Mr, W. L. Simmons, the plaintiff's brother, for $25,000. It was afterwards claimed that $36,000 was paid for a por- tion of the Louisiana lottery. In due time applica- tion was made to Judge Cardozo for a yeapct pro- ceedings, which was granted. But before the Judge gave his decision m the motion to show cause why the same should not be continued he re- tired trom the bench. In the meantime J: Bar- nard had entered an ‘order, without notice, as is alleged, to the defendent, confirming Mr. rig- sey’s sale, It is now sought to SET ASIDE JUDGE BARNARD'S ORDER. The points. at issue were previously ed at reat | before Judge Barrett, holding Special ferm of the Supreme Court. It was then claimed by the defendant that he knew nothing of the order of Judge Barnard until several mo} after | 16 was entered, Judge Barrett denied the motion, but with leave to renew. It was too good a thing, of course, for the lawyers to let drop, and so the motion was yesterday renewed. In the reargu- Ment the same points were urged as at the pre- vious argument. At the close Judge Barrett took the papers, reserving his decision, SHERIFF'S COURT FEES. Important Decision by Judge Joachim- sem as to sheriffs Fees—A Matter of Dollars and Cents. Bailey vs. Howard.—In this case @ motion was ‘made yesterday, before Judge Joachimsen, to tax Sheriff's fees. lt appeared that the motion origi- nated in a suit against the defendant upon a prom- issory note for $621, which was compromised at fifty cents on the dollar, After counsel for plaintiff moved for the taxation of the Sheriff's fees the Court, in granting the motion, said:—“I had hoped -that a matter of dollars and cents between a pub- lic officer and the defendant had been amicably ad- justed, Itis EXCEEDINGLY DISAGREEABLE to be compelled to pass Officially upon the acts of a high oficial. In this inetance I doubt that the Sheriff has any personal interest in this matter in dispute, An attachment was issued in this Court against the defendant as a non-resident of the county for an alleged debt of $621, The property seized remained in the defendant's store five days and four nights in the custody of the plainti®. The amount claimed here is $78. The first item is for poundage upon the whole amount of the attach- ment. The subject matter in controversy having been settled at fifty cents upon the dollar, the item of poundage must be reduced to the statute per- centage on that amount, The next item, being one for levying, is allowed at $1 19 any ‘The ice for copy and return will be allowed in full, if the copy charged for was @ copy of the inventory, ac- cording to the statute. If no such inventory was made that charge must be reduced to fifty cents. The item of deputies’ c ensation, $10, is dis- allowed. The law intends that the compensation of a deputy should be covered by the Sherif’s com- ensation for poundage. There is an item of $45 lor keeper's fees, We authorize, in cases of attach- Ments, @ reasonable compensation to be allowed for the expense of preserving the property. The charge here made is at a rate of $5 per day and $5 per night. It is sworn to that the defendant, on the attachment being served, ‘agreed to that rate sooner than have his property removed, I cannot hold that an ment made under such circumstances should be enforced, except in the manner in- dicated in Meyers vs. Lynch, 8d of Daly’s Reports, ‘The keeper does not swear that he was Sogseen at the rate of $10 for day and ee But there was an soi tse and I am willing to allow tothe She what was considered in former times, in similar oe S fair rate—namely, $6 for twenty- four hours. It has always been conceded that the Sheriff is entitled to two keepers, the deputy being considered one, at $3 a day each, which makes $6 for each day and night. Therefore I consider $30 for the whole time a 1aost generous compensation. ‘The bill of costs must be settled on this basis. IMPORTANT TO LIFE INSURERS. pees eet The Whole Truth As To Condition of Health Must Be Told—Important De- ¢ision—Insurers Look Out. There is scarcely any branch of litigation pro- ductive of more suits in the Courts than those growing out of life insurance, An important case was decided yesterday in the Supreme Court, General Term, which shows that insurers cannot be too careful in rnd all the facts regarding their physical condition before procuring insurance on their lives, The case in point—which, at the trial in the lewer Court, was fully reported in the HERALD—Is that of the suit brought ig Navissus, an executor, against the Amicable Mutual Insur- ance Company. DECISION OF THE COURT. The Court held that the statements made by one whose life has-been insured as to his health are not warrantees, as the statements in procuring insur- ances in marine and fire insurance companies as to the matter insured. The question was whether there had fair dealing. A concealment of the fact that the insured had been in the habit of consulting @ physician was held to be a mis- representation as to the material fact and sufficient to vitiate the policy. BUSINESS IN THE OTHER COURTS. UNTED STATES DISTRICT COURT. Collision Case—Decision. Yesterday Judge Blatchford rendered his decision in the case of Mary Thomas and Philip H. Rockefeller vs, The Steamtug General William McCandless, Oplonel Blood from Jefferson Market Prison. The impulsive Mra. Woodhull and Miss Claflin be- sought counsel to bring the Colanel’s case to a crisis. They represented that Mr. Challis, the Ubelled one, dared not undergo the astute lawyer's cross-examination, and therefore supposed that by adopting this course and demanding an immediate examination the prosecution against Colonel Blood would fall through. Mr. Howe having already served Justice Fowler with a writ of certiorai returnable before Judge Fancher, of the Supreme Court, accord ingly withdrew it, whereupon Justice Fowler fixed the examination of Colonel Blood at Jeferson Market Police Court, at half-past two o'clock; and inasmuch as the presence of the ladies at that examination as witnesses, on behalf of Colonel Blood, to Pa J & justification of the libel on Mr. Challis, was desired, Mr. Howe at a late hour yesterday sued out a writ of habeas corpus ad lestijieandum, directed to the Keeper oi Ludlow Street Jail, to produce Vic- ‘foria and Tennie before Justice Fowler to-day, at half-past two P. M., when a great crowd will, nn be present at tne intended feast of “free love. The irrepressible Howe assured his clients of the @uccessiul issue of the legal contest, THE GASLIGHT COMPANY IN COURT. important Decision of the Supreme Court, General Term—The Legislature Has a Right to Authorize a Nuisance if Bene- ficial to the Public=An Important Point. ‘The particulars of the suit brought against the Sew York Gaslight Company, which was tried in ‘the Court of General Sessions, are too well remem- ered to require an extended recapitulation of the details. The ground taken was that it wasa uisance. A large number of witnesses, principally made up of those living in the vicinity of the gas- works, testified to the noxious eMuvia emanating from the gasworks. It was stated by the opponents of the company that the emuvia “SMELT RANK TO HEAVEN." Ladies and even spon men testified to being sick- ened by the smell. strong case in short was Made out and the result was a judgment against the company declaring it a nuisance, and one of course that must be removed from such disagree- able contact with the olfactories of the patient, but suffering public, From this judgment an 4) Was made to the Supreme Court General Term. This case called out a lengthy argument, which was reported in the HERALD at the time, A decision was given by the C ° 3 7 belos, y the Court yesterday, which we give DECISION OF THE JUDGE A short document, but sharp and decisive ag it is short. He holds though the Gag Company be @ nuisance the Legislature has a right to authorize @ nuisance such as this is and conductea as this is with all the skill and care known to modern sel- ence. Itisan unhappy circumstance that many are jnjured in their heaith and that property in the nel; rhood is depreciated in value; but the question of the public benefit surpasses these con- siderations. The concluding languaye of his de- cision is thet “the people ure debarred by the act The libel was fled to recover against the steam- tug General William McCandless the damages sustained by the libellants as owners of the steamtug Unit, im consequence of a collision which took place on the 3d of May, 1871, in the Eaat River, between the Unit and the ferryboat Commodore Perry, by which the Unit was damaged. The Unit started from North Fourth street, Williamsburg, bound to the vicinity of picr 12, East River, ina strong flood tide, be- tween five and six o’clock in the afternoon; she ran over to the New York shore and down to the eddy there, and then crossed over to the Brooklyn shore from a point off Corlear’s Hook, reaching the Brooklyn shore about the end of the Navy Yard, and from there ran down along the Brooklyn shore for half a mile, to about Adams street, Brooklyn, f where the collision took place; the McCandless was coming along the New York shore, astern of the Unit; the terryboat was on the trip from South Seventh street, Williamsburg, to Roosevelt street, New York; she was behind both of the tugboats and overtook them and passed to the starboard of both of them. As she was pass- ing the port bow or stern of the McCandless came in contact with the starboard quarter of the Unit, and the Unit shot off to rboard across the bow of the McCandless, and struck the port side of the ferryboat, under the guard of the ferryboat, abaft her wheel. The ferryboat was a sidewheel steamer and the a were both of them screw propellers, The Jui holds that there must be adecree for the libellants, with costs, with a reference to a Commissioner to ascertain the amount of the dam- ee sustained py the libellants, eebe, Donotme and Cook for the libellants; Wil- cox,and Hobbes for the claimants, Charge of AGempting to Vote Fraudu- lently. Before Comnuisvioner Shields. The case of the United States vs, Patrick McCabe Was brought up yesterday before Commissioner Shields. The defendant was charged with having attempted to vote fraudwiently’at the election yes- fterday. It appeared that he had misiaid or lost his papers of naturasization, and ¢ould not find them at the moment they were wanted. The examina- tion was adjourned to enable the prisoner, who is held in $250 bail, to produce witncsses in hig behalf, Charge of Attenrpting to Pa.w Counterfeit Moncey. The United States vs..James Logart—Defendant was examined on a charge of having passed a $10 counterfeit bill ina lager beer sajoon, .There was some contradictory sweaking in the case, which was adjourned to enable the defendant to oiler testimony in his behalf, — SUPREME COURT—GENERAL TERM, Decisions, By Judges Ingraham, Brady and Leonxrd. Mary D, Bryan vs, Daniel A. Baldwin,—Jucgment afirmed, with costs, \ Jolin D, Hinde et al. ve, James R. SmithjJt.— Judgment reversed and new trial ordered, Alexander Howe vs. The Mayor, &c.—Judgmént amrmed, Theodore P, Woolsey va. John Johnson et al,— Judgment affirmed as to defendant Brown, with costs, and reversed to defendant Johnson, and which their rislature have passed from making @ public compiaius by an indictment for sua a hew trial ordered as to him. Costs to abide event, Martin W, Brett ct al. vs, First Universalist 50- clety of Brooklyn.—Ji ent reversed and new trial ordered. Costa to abide event, John P, MigKaighs va. Charles Devitn,—Judgment amrmed, costa, David Yones vs, John Bracken.—Same. A. G, Lawrence va. James G. Maxwell.—Same. Seth H. Klinch vs, John Kelly, Sheriff.—Judginent reversed and new trial @ranted—costs to abide William A, Bloodgood, Administrator, va. William 8. Sears,—Order of Surrogate reversed and excep- tion of administrator allowed, with costs. Egrito P. Fabbri et al. vs. The Mercantile Mutual inesremne, Company.—Judgment afirmed, with Stuyvesant Bank ve. National Mechanics’ Bank- mt Amsooiation.—Judgment ordered for defendant vidence. Otto Arend vs. The Liverpool, New York and Phil- saan Steamship Company.—Judgment afirmed H. Hagan va. The Bowery National Bank of —Same. Julian “Staton . sherif.—Judgment i ir va. John Kelly, ja reversed and new trial ordered. Costs to abide event unless plaintiff stipulate Lo deduct $430, George Bhass et al. va. Moses H. Swartz.—Judg- ment reversed and new trial granted; costs event. John T, Alien vs. First National Bank of Rich- nd.—Sami moi e. The People vs. The President, &c., of the New Bnd Arorpcisd Com peny.—sndgesetis reversed and ew ranted, Henry a’ Hidden vs. Horace Waldo, Jr., et al.— Judgment affirmed with costs. Hastings, Receiver of the Security Insurance Company vs, Peter C. Schultz.—Same. George N. Cox, Administrator, &c., ve. Joseph Cox. 1c. Lorillard vs. Andrew W. Mo! et al, Executors.—Re set aside and new trial granted, Costs to abide event, unless parties consent, as stated in nine. In re. N, Hill Fowler vs. Lowenstein et al.—Order appealed from atfirmed, with costs. ‘illiam Marx vs, The People, &c.—Judgment re- versed and new triat granted. Dunford & Barnes vs, Otto Burstenbender.— ent aMirmed, with costs, A. Howe et al, Executor, &c., vs, the Amicable Mutual Life Insurance Company.—Judg- ment reversed and new trial granted. SUPREME COURT—CHAMBERS., Decisions. Judge Fancher, Nebengohl vs, Newland.—Motion granted. Mechanics and Traders’ National Bauk vs. Good- man et al.—Same. Talman et al. vs, Cholman.—Same, Hobart et al. ve, Wilson.—Same. Stutts ve. Metzber.—Same, By dngge I am. Mendenhall ve. Klinch.—Motion granted for $50. Bys judge Barrett. Scudder vs. Corbin et al.—Order settled. SUPERIOR COURT—SPECIAL TERM. Decisions. By J i Sedgwick. - etc es &c., ve, W. 8. Andrews.—Application lenied. Francis 8, Norton vs. James E. Ward et al.—Mo- tion granted, By Judge Curtis. Joseph Agate vs. Abraham Lowenbein et al.— Judgment for plainuff for amount claimed. TOMBS POLICE COURT. Desperate Struggle of a Pickpockct— A Shooting Case in Frankfort street. Judge Hogan was in his accustomed place yes- terday morning, but everything around the Court ‘was more than usually dull. There were no cases of violation of the election law brought forward, the moat of the prisoners being the victims merely of “election whiskey.” In the crowds and excitement of Tuesday many persons were deprived of their watcifes by the light-fingered gentlemen, who trailed the crowds that gathered around the diiferent newspaper offices, as 8 happy harvest. Adam Castle, of 223 Graham avenue, Brooklyn, Was standing in Printing House Square, Tuesday afternoon, intent on the returns as they were dis- played in the opposite windows, and he felt Joseph Hill’s hand on hig vest pocket. He grabbed the hand, but Hill broke away apd ran across the Ci Hall Park, Mr. Castle followed him up, and wit! the assistance of Officer McCarthy, of the Park tee had him arrested. Judge Hogan committed ‘im in default of $1,000 bail. Geo! Keller, of 71 New Chambers street, was going through ‘Ghatnam Square, Tuesday evening, and his watch was snatched from his pocket by John Lynch. Officer Kiernan saw the operation, and canght Lynch with the watch in his hand. He rec cueing ne by the Judge in default of ail. ‘There was @ tremendous crowd around the Filth Avenue Hotel Tuesday night and the street was almost impassable. On the sidewalk and stoop and through the corridors the mass of people moved end surged continuously, Mr. William A. Hall, of No. 7 East Forty-third street, was standing on the stoop of the hotel. On his person he car- ried a gold watch valued at $300, He felt some- what nervous about his position, and every once in awhile his hand would rest on his vest pocket. Notwithstanding he suddenly felt his watch jerked out and saw it in the hand of a tall, stalwart man standing near him. He took the man by the collar and demanded his watch. Mr. Hall was immediately thrown to the ground. He jumped uy , fought his way through the crowd and kept his eve on the thief, The bystand- ers came to Mr. Halls assistance, and after a hard struggle, for the thief fought ay eet launch- ing out so vigorously right and left that a many of his captors suffered severe bi 3, he was placed in a room to await the arrival of an officer. No sooner was he got in the room than he broke out afresh and more desperately. his back and kicked, threw his bo the door and roared like @ chained tiger. After he had spent his energies to no avail he was taken in hana by Detective Bennett and brought to Police Headquar- ters. Late yesterday afternoon he was .arraigned before Judge Hogan. He gave his name as Charles Newton, and he has only Just returned from Sing Sing after a protracted visit. Newton was com- mitted to answer, Peter Tighe was arraigned on a charge of shoot- ing Thomas McBride, of 37 Frankfort street, in the thigh, on Tuesday night. McBride was standing in the hallway when Tighe shot him, The compilain- ant being unable to appear, the prisoner was held to await the result of injuries, ighe is said to be @ member of the “Swamp Gang.” COURT CALENDARS—THIS DAY, SUPREME CoURT—CiRCUIT—Part 1.—Nos, 1591, 8717, 1751, 2131, 2133, 2137, 2139, 2145, 2147, 2156, 2159, 2163, 2181, 2183, 2185, 2187, 2189, 2191, 2193. Part 2,— Nos. 770, 798, 954, 343034, 2612, 1234, 800, 810, 852, 912, 98434, 1054, 1086, 1088, 1096, 1098, 1104, 1110, 1112, UPREME CoURT—CHAMBERS—Held by Judge Fancher.—Nos. 23, 35, 40, 57, 60, 72. Call 95, Surekion Count—TRIAL TermM—Part 1—Held b; Judge Curtis.—Nos, 1285, 1429, 1755, 1588, 780, 815, 188, 1609, 1617, 1627, 1629, 1859, 1579, 1601, 1709, Part 2— Held by Judge’ Sedgwick.—Nos. 1358, 140, 1056, 822, 1618, 1885, 1256, 1384, 1386, 1340, 28, "234, 1066,” 328, CouRT OF COMMON PLEAS—TRIAL TERM—Part'1— Held by Judge Loew.—Nos. 1865, 1598, 468, 1337, 609, 866, 112434, 1051, 846, 352, 1674, 1675, 1600, 1681,'1597. Part 2—Held by Judge Larremore.—Nos. 1707, 1651, 1559, 1692, 1710, 1713, 1715, 1716, 1717, 1718, 1720, 1723, 1726, 1727, 1728, Court or ComMON PLEAS—EQuiry TeRM—Held by Judge Robinson.—Nos, 44, 45, 59, MARINE CouRT—TRIAL TERM—Part 1—Held by Judge Spaulding.—Nos, 536, 560, 570, 572, 592, 604, 608, 644, $10, 812, 814, 816, 820, 624, 826, Part 2— Held by Judge Curtis.—Nos. 567, 681, 689, 622, 634, 663, 635, 623, 809, 811, 813, 815, 817, 819, 821. Part 3—Heia’ by Judge Joachimsen,—Nos. 218, $2, 503, 846, 847, 848, 849, 850, 861, 852, 853, 864, 855, 856, 867. CouRT OF GENERAL 'SESsIons—Held ‘by ‘Judge Bedford.—Murder, James Lamb; robbery, Wm. Moat; bd, feat Charles Miller, (3 cases) ; Yelontous assault and battery, James Farrell, John McGovern; burglary, Wm. Davis and James 8. Smith, James Melvilie; grand larceny, Henry Wilson and ‘nomas ae Hugh McCahey, Jolin Madden and Wm, jupphy. TRAFFIC AND TRAVEL. The Cessation of the Hipporhinorrhea— Commerce Crowding the Strects with Ite Hurry, Burly, Bustle and Clamor— The Ho After the Election are Con- valescent, After the stagnation of business affairs on elec- tion day the city yesterday was lively with the freshened impulse of trade, and consequently of travel. Although the sky lowered lugubriously and @ chilling mist filled the air, in seeming sym- pathy with the defeat of many cherished political hopes, the streets were scenes of hurry, bustle and excitement, as usual, and it seemed as if the new incentive for speculation and endeavor was given by the decision of the great questions that but two days ago were the cause of suspense and intense anxiety, Commerce seemed invigorated, and the shac of doubt being thrown from the limbs of that severely mathematical maiden there was no end to the furry that reigned in the DOWN TOWN WHARVES AND COUNTING ROOMS, It formed part of one’s task of observation to nove that the horses in the streets had recovered almost oe from all the signs of the dread anes hinorrhea, and that the loads of goods of all kinds which were seen were in immense gumbers, Broadway, through the slush and hae rushed and Tain, was jammed with veaicles that crushed and crowded one another as if in desperation, each try- ing to succeed in reaching its goal as soon a8 sible, and, if there were any competitors, first. The cotton merchants especially are now very busy, as the Seproneh of Winter calis up the warning ‘a the necessities of physical protection, All THE MARKETS are overran by customers, Whose purchases must be delivered immediately, and it is observable that very few of the petite Canadian ponies driven for this purpose have yicided to the disorder; but their tough heroism has kept them in service, and the butchers’ and grocers! carts were still to be seen during its worst ravages at early dawn rat- ting about the city, with smart boys checkered shirts perched upon their seats, THE DRAYMEN’S ANI are now generally out of danger and almost re- covered, although many Of those which were ill used and made to work while sick have died. The hackmen’s steeds are improved greatly and are used by tng public every day at more rational rates 6f carPlage than a week ago. The car horses are also almost entirely conv: and the lines are running almost as often as they formerly did, IN THE PRIVATB AND LIVERY STABLES the horses have long since lost all the symptome of the hipporhinorrhea, and no fears are felt of their recurrence, It is noticeable, however, that the dead bodies of defunct horses have not been of late very promptly removed to their final repose, and several were yesterday seen lying about the streets. The rain ‘Which fell will not render their contiguity to pusen beings either very pleasant or very health- THE NEW STEAMSHIP CELTIC. The Latest Addition to the White Star Line—Her Dimensions, Machinery, Ap- pointments and List of Officers. The new steamship Celtic, the latest addition to the large fleet of the White Star line of Atlantic clippers, arrived at this port on Tuesday morning, and is now lying at their docks, near Pavonia ferry, Jersey City. Tnisis the sixth vessel of the same class'which has been built for the company, and in beauty of model, gracefulness of propor- tions, great strength of workmanship and elegance of finishéthe Celtic is without a superior. The di- mensioda of this monstrous crait are as follows :— Length over all, 450 feet; breadth of beam, 41 feet; depth of hold, 81 feet; draught of water at load hne, 2 feet; has three decks, and of 2,500 tons, registered measurement; but her cargo-carrying capacity is equal to 3,635 tons at the above draught. Like all her sister vessels the Celtic 18 constructed of iron in every part, and the hull is divided into seven water-tight compart- ments, 80 a8 to ensure her safety in case of any mishap occurring to the lower plates, The machinery of this steamship is of the most powerful nature, the engines being of the direct acting inverted compound description, having four cylinders, 42 and 78 inches in diameter, with a stroke ef piston of 5 feet. A number of smaller en- gines for weighing anchors, assisting in loading and unloading cargo, working the fire engines, &c., are in various parts of the vessel. Steam is furnished from twelve boilers, and the. space occupied by the heavy machinery is 94 feet long. The forward part of the spar deck is covered over to the length of 75 feet from the stem, forming a turtle deck, which is slightly convex, and which answers the double purpose of sheltering the seamen engaged in work- ing tne ship and of reducing the force of the seas which may break over the bow. In the centre of the vessel, commanding a view of the whole deck, the captain’s bridge is placed, and immediately aft of it, on the promenade deck for saloon passen- gers, is situated the wheel house. The rudder is worked by steam, bat in case of any emergency, such as the Cprangeman’ of the machinery, the ship can be guided by means of the ordinary hand- wheel. The passenger accommodations of the Celtic are of the tirst order. The saloon, 54 feet in length and 389 jeet wide, is elegantly furnished. ‘The panels are covered with a beautitul enamel-like paper, and art of the decorator, carver and upholsterer, has each contributed to make up @ heat, gorgeous interior. At the tables, which run parallel with the length of the vessel, 140 passengers can be accommodated at one time, In this apartment are pianos, writing tables and a library; and then there are mantelpieces, open fireplaces and mirrors in prefusion, the whole imperdag ® pleasant appearance. The vessel is lighted with gas, and this interesting achievement in connection with ocean steamers is such a success that it will probably be adopted hereafter in all vessels of the principal lines. The state rooms, which will accommodate 149 persons, are finely fur- nished and of large size. These are heated with steam, and, beside the general completeness of the appliances observed, there are electric bells, by which the passenger, by simply pressing a button, can summon a waiter at alltimes. This arrange- ment extends over the entire ship, and is a reat convenience. In the portions of the eltic set apart for steerage passengers there are accommodations of a superior character for about nine hundred persons. The ventilation everywhere on board is as perfect as can be attained. The hull of the Celtic was built by Messrs. Harland & Wolf, Belfast, Ireland, and her machinery was con- structed by the Vauxbuli Works, Liverpool. She will leave port on her return voyage Saturday of this week. ‘The following is a list of her ofiicera :— Captain—Digby Murray. First Oficer—James A. Williams, Seconda —Mr. Turney. Third ‘—Mr. Kenn Fourth Oficer—Mr. Duncan, Doctor—Joun 8. Finnegan, M. D. Purser—Andrew McDowe' Chief Engineer—George Harriatt. ys A SAD SERVICE. The Last Debt Paid to the Memory of the Murdered Man, Thomas Donohoe— The Burial Yesterday—The Church of the Epiphany Filled With Spectators— The Warning of His Death—An Affect- ing and Impressive Scene. bd A dense crowd assembled in the Roman Catholic Church of the Epiphany, Second avenue, yesterday morning, to witness the last obsequies of Thomas Donohoe, who was so foully murdered in Johnson’s saloon, Broadway and Twenty-eighth street, on last Saturday night. The funeral services were announced for nine A. M., but long before that hour the aisles and seats of the spacious church were filled with spectators, who came some at- tracted by curiosity and others from a feeling of sincere sympathy with the mourning relatives of the deceased. There is always something impres- sive in contemplating the coffin of a human being who has been hurried to his account, Unhouselled, unanointed, unaneled, and. yesterddy as the solemn and splendid cere- monjal of the Roman Catholic Church, of which Donahoe was a member, was being conducted, a pin could be heard drop so intense was the silence, THE HONORED REMAINS, The body, which was encased in a beautiful rosewood casket, was borne into the church fol- lowed by representatives of the Blossom, Phoenix and Americus Clubs. The casket was strewn with flowers and at the head was a magnificent harp formed of tuberoses presented by the Blossom Club. High masa was celebrated by the Rev. Father Burtsell, assisted by the Rev. P. Loughlin, deacon, and Rey. Father Ducey, subdeacon. The altar was draped in mourning, in keeping with the attire of the crowded Silt i tad tion, the majority of whom, in honor of the de- ceased, came in deep mourning. It was only neces- sary to look around upon the sad faces in the church to discern how high was the esteem in which Donohoe was held by his neighbors and friends, and as the mass was being celebrated THE SOBS OF WOMEN could be heard mingling with those of men who were broken down at the thought of the sudden Joss they had sustained. The deep tones of the organ, pealing forth the solemn requiems which the custom of generations has handed down, were sadly in keeping with the occasion and even the sweet voices of the singers seemed to be affected by the general gloom. At the conclusion of the mass Father Burtsell ad- vanced to the front of the altar, and in an impres- sive address urged upon all the necessity o1 offer- ing up prayers for THE REPOSE OF THE SOUL of the deceased. The Church taught that before entering Paradise it was necessary for those who aspired to the realms of the blest to be cleared of every and blot and be made without blemish, and this must be done through the efficacy of the mass, a type of the sacrifice of Christ, in whom God was always well pleased, amd the agency of the urgatorial fires, Father Burtsell then alluded 0 the kindly qualities and generous nature of the deceased, who was large-hearted, open-handed and generous, and he had no doubt but God would accept him into His kingdom, notwithstanding the suddenness of his death. HIS END WAS A WARNING TO ALL that they, too, should be prepared to die and render an account of themselves when called upon, and none could tell when their turn, too, would come, He concluded by calling upon all to make earnest prayer for the soul of the dead man before them, re he was sure God would answer their supplica- jons, At the close of the services the relatives of the deceased filed past the coff}n in sad procession, and then it was raised and borne from tie church to the house. THE PALL BEARERS were Owen Brennan, President of the Blossom Club; Commissioner Hennessey, Michael McGrath, #, Cornell, John Nesbitt, James McGregor, Faward Carney, Daniel Winans, William Hitchman, John Price and 'F, Hollander. ‘They all wore white sashes, with black rosettes upon the shoulders, A long line of eee was drawn along the street, Which were speedily filled, and in afew moments on procession passed out sight, going towards Calvary Cemetery, and the second scene i) the dark vragedy was completed, Pn NEW YURK HERALD, THURSDAY, NOVEMBER 7, 1872—TRIPLE SHEET. THE EMIGRATION COMMISSIONERS. The Mismanagement of the Insane Asylum—A Physician Totally Unfit for His Place Re- moved—Special Reports of a Committee, Majority and Minority—Improve- ments Needed on Ward’s Island and Being Made There. More than usual interest waa attached to the Meeting of the Emigration Commissioners yester- day, because it was understood that a report of a special committee on investigating the manage- ment of the Insane Asylum at Ward’s Island, which “had been laid over at a former meeting, owing to the absence of President 0’Gorman, was to be made yesterday. Hence the reporters were on hand early, and some of them esssying to enter the Board room were indirectly, but none the less unceremoniously, ordered out again by Mr. Lynch, who subsequently stated that the Board did noth- ing further. after the press men had left. The minutes of the Board and of its several committees of former meetings were read and approved. The salaries of nurses who have been on the Island for two years and upwards were increased from $12 to $16 per month, and those who have been five years and upwards in the service of the Board there from $12 to $18 per month, The appointment. of a man to take charge of the lunatics in the yard, at $15 & month, was ordered. Mr. Kauffman an- nounced that he had found a lady who would take the position of GERMAN MATRON ON THE ISLAND, a lady in every way competent, and whose accept- ance of the position, indeed, he considered a favor— Mrs. Schmidt, wife of the Protestant chaplain resi- dent there—and he moved for her appointment at a salary of $400 a year. Mr. Lynch opposed, for the reasons which he di@ Not fully state, but whicn had no reference to Mrs, Schmidt, The institutions had got along very well for two years without @ German matron, and he thought they might continue so, There are now three matrons on the island—Mrs. Scully, who has been twenty-four years there, and Mrs, Molloy, a few years less, and Mrs, Coss, about two years, He, therefore, moved that this motion of Mr. Kauff- man’s be referred to the Ward’s Island committee, with power. Lost. The original motion was then carried, A recess for ten minutes was then taken, to allow Mr. O'Gorman to put in an appearance, and during the recess Mr. Wallach wanted the Board to request the Ward’s Island Committee to instruct the architect to so construct the new church now being built on the island that it canbe em- Ployed for their own use. Mr. O’Gorman having arrived, business was resumed by Mr. Hart calling up the report of the special committee on the MANAGEMENT OR AEN) IESANE:ASERTE O11 WARD'S There was a majority and @ minority report. The former was signed by Messrs. E. B, Hart, Chair- man; James Lynch, George J. Forrest and Richard O’Gorman ; the latter by Mr. Willie Wallach. The majority report sets forth that the committee commenced the examination of witnesses on Sep- tember 28, ult., and continued it to October 5, dur- ing which period they had examined Drs, Hen Riedel, the physician of the asylum; George Ford, the chief physician; and John Dwyer, the residen surgeon; Leonard R. Welles, warden; Mrs. Cath- -erine Scully, matron; Ann Kavanagh, nurse; Pierce Butler, orderly of the asylum; and Ve Josepn Prachensky, chaplain of Ward's Island, in reference to the management of the asylum. The report then recites e circumstances under which Dr. Riedel was ap- inted in July, 1870, when the asylum was sepa- rated from the care of the Medical Board of the island; that from that time until the investigation toox place, there had been under treatment and ad- mitted to the asylum 550 patients, of whom 337 were disc! d or were transterred to other in- Peepers While eight eloped and thirty-seven died, leaving, at the date of the investigation, 168 atients in the asylum. Of this number, it appears yy the examination, not more than Sreatate under treatment, the rest, numbering 148, being under observation. The details of the examination so far as reported show that the management of the asylum wasall at loose ends. Dr. Riedel complained of nurses, order- lies, physcians, the chaplain and, indeed, of nearly every one on the island or connected with it, not excepting the Ward’s Island Committee of the Com- missioners. When he first entered on his duties he asked for and received “ ters? and * case books,” but alter a few months he discontinued their use of his own motion, During his adminis- tration of over two years he had made but six post- mortem examinations, and of these he had kept no record. His reasons for these omissions were con- tradictory and of little worth. THE TIME DEVOTED TO HIS PATIENTS sonore to hisown showing was from three- quarters to one hour daily, as a regular duty; then he occasionally went around at other times, and was Pace to answer every call, His medical skill is shown in one instance, in which a matron called his attention toa patient who was and near her confinement. But after examination Dr. Riedel declared she was not; but the woman her- self contradicted his testimony by giving birth to a healthy, full grown child three or four days af- terwar and had not the attendance of a phy: sician. On close questioning the Doctor admitted that he had not made an examination, but had judged of the case by outward appearances— Tather a loose way for a medical man to judge. Dr. Riedei’s complaints against the Warden for refusing to change the diet of certain patients was denied by that official, and against the Chaplain for marrying a female patient in interference with his authority was contradicted by the facts proved, that the woman had been discha cures two weeks before, but had waited there for her betrothed tocome and take her to his home, and at their mutual request the Chaplain performed the ceremony, and they left and nothin; more has been heard of them. The Doctor further more allowed scurvy to break out among the patients, and then used vegetabie diet as a cure Tather than as a preventive, and only when it was brought to his notice as a remedy by a member of the pen aa committee. e 8 of the Doctor against the officials the committee declare are frivolous and unfounded, The committee ascer- aoe a hd ee feta, has been in the habit of receiving int ie Asylum patients not le; com- mitted, thereby enw VIOLATING THE LAW OF THE STATE and the rules in reference to the reception of in- sane emigrants adopted by the Ward’s Island Com- Mittee, in November, 1870, and a copy of which he admitted having received. His excuse is a very paltry one, namely, that he did not consider the resent building an asylum though he knew it had red used a8 such belore and since his appoint- ment. x The committee say further that when the Asylum Was separated from the other institutions under the care of the Medical Board, 1t was designed for the sole good of the inmates, but it is their opinion now, as itis the opinion of Dr. Shilling, the late consulting physician, and the medical men, that the separation is not for the best, and that the good intended has not been accomplished. The committee, therefore, recommend the adoption of the following resolutions :— Kesolvedy That the office of Physician of the Aaylam be abolished, and the Asylum be placed wider the charge of the Medical Board, Resolved, That the Medical Board be directed to con- tinue the ‘Register and Care book now iu use inthe Asylum. Resolved, That it be recommended to the Ward's Island Committee’ to increase the number of the Asyluin nurses and orderlies, and the rate of compensation paid to this class of employes. The id ait closes with a detailed statement of the mortality in the Asylum from September 1, 1869 to September 1, 1872, giving the names, date of death and the causes thereol, The total number of deaths was forty-nine. Mr. WALLACH read his minority report, which agreed Sr prnceny with the majority in the un- fitness of Dr. Reidel for his position, but objected to his colleague's report because it did not go deep enough or far enough into THOR CAUSES OF DEMORALIZATION THERE, and because it was aimed solely at getting rid of Dr. Reidel. He contended that the Doctor had not been instructed in his duties when he wag ap- Reo and was not even shown where he was e for several days after he went to the Asylum; that he was not told who were his co-ordinates or subordinates, and that hence the nurses, and orderlies and warden did as et leased jn obey- ing or disobeying any order of » Mr. Wallach went over the several ch; 3 in the majority re- Port, and some he extenuated and apologized for, others he deemed unworthy of lace in the re- port, and all of them were frivolous to base the abolishment of the office upon. He, therefore, hoped she Teport of the committee would not be pted, Mr. Lyncu, who could hardly restrain himself while Mr. Wallach was making an apology for Dr. Reidel, jumped up and said that the Doctor was totally unfit for his position. He only asked for binds for the windows when Mr. Lynch suggested that they were needed, He oraered a change of diet for scurvy and other patients on the same recommendation, and his ignorance of medical science was Rey manifest in his readiness to adopt any suggestion, and his want of knowledge that such suggestions had any value unt! were made, il the; As @ member of the Ward’s Islan committee Mr, Lynch denied certain statements contained in the ininority report and giade by Mr. Wallach verbally, Mr. Nichorson had no knowledge of the facts alleged until he heard the reports, and from these he believed Dr. Riedel to be totally unfit for his place, and he therefore moved a substitute for the first resolution of the committee, removing Dr. Reidel instead of abolishing his office. Lost. Mr. KAvrrMAN, Who was & member of the Special Committee, but refused to sign either report, gave ‘8 pis reason for that he could not REIDEL, the present incumbent, for the position, and he cheerfully vote for hia removal. But with. the Saar at work which the Medical B reduced hree itlemen, had he aut to ao he (Kauff- man) did ethe proper aitention could be: id by to ne patients. It is a grave ing for this Board, to declare that the: Insane Asylum needs no p! He was not prepared for that alternative. ir. WALLACH moved that the report and the reso- lutions be voted on separa doaiaes out of order. eats, USS She mp Hom, wae! 4 the Investigating mittee, explained that these resolutions were: framed so as to the young man (Dr. ) down as gracefully as and not to hurt hie feelings, nor those of his frie: nor his 4 Eat atiera aaa for the on, vel abundantly show. a ve Us {Wor “ Mr. O'GORMAN’S recollection was to the same effect, and Mr. Willman also entirely agreed with. the majority of the committee. The odds against Mr. Wallach were too great, and the report, with its recommendations,’ was: adopted, THE TREASURER’S REPORT, which was read, showed that the balance in bank: January 1 amounted to $8,506 20, the rit ae poe since to November 4 were Bg to which is added a loan of $20,000 by the Broadway ink. The disbursements between the above dates reached the sum of $477,550 ane that there; is now a on hand of $2,629 The number of alien borage Sb arrived at tle Garden this year up to November 4 is 261,820, being 61,489 more than came here di the same riod last year. The Germans are im the ma- jority, though the Irish are kee; up well, and here are a great many English co! out. The number of inmates at Ward’s Island November 2 was 1,410, The Board, near five o'clock, went into executive session, | ART MATTERS. The Belmont Collection, ‘The interest in this excellent collection of works | continues unabated. Even the excitement of the election contest on Tuesday failed to interrupt the constant flow of visitors to the Leavitt Art Rooms, | where the works have been forsome time on ex- hibition, The surest test which could have been applied to the popularity of the collection was the resolution to levy the toll of twenty-five cents on | each visitor, Under ordinary circumstances we should look upon this a8 an unwise and illiberal in- | novation, but in view of the constantly crowded — state of the gallery it is evident that, if some precaution of this nature not been adopted it would have been) | impossible to obtain a glance at, th Pictures, owing to the crowds that would hay: been in constant attendance. The admissio! charge, therefore, acts as a wholesome check, an not only makes the visitors select, but enable: those who go in to enjoy the pictures in comfor' This is one of the most desirable features of exhibition of the kind, and we are glad to secur: | it at any cost. i In connection with the pictures we feel com) pelled to protest against the manner in which they | are framed. Not the slightest APPRECIATION OF SUITABLENESS appears to have entered the mind of the persor who selected them. There was but one though | uppermost in his mind, and it was to have as mucl gold leaf exposed to the eye as possible, I there was any idea of chasteness of desigi we can see no evidence of it. Whoeve: had charge of this work evidently thought that ¢ frame wasa@ frame, and that so long as picture) were surrounded by gilded rims nothing more wa) necessary, The effect of this want of comprehen sion 1s that many of the best pictures are not see] to advantage, and their selling value is in conse quence likely to suffer from this apparently trivig circumstance. It is reassuring for the prospect of art to notice the keen and intelligent interes manifested in the various works by the visitort In nearly all cases the best works attract the chie attention, though the criticisms one hears fror time to time, uttered with charming frankness fo; the benefit of all whom it may concern, are som¢ | times amusing enough. Still, even where err( neous views are entertained, a visit to th) Belmont collection cannot be without ale effect in giving rise to truer conce| jons of the aim and scope of art. As have before stated, some few of the works not of a very high order, but of the overwhelmi majority would each one be regarded as a gem {| ordinary galleries. This fact alone will show: h WORLD-WIDE REPUTATION. One of the most important works, in point value, though not of size, is from Meissonier’ easel, He calls it the “Cavalier.” We see a man the dress of the sixteenth century, leaning the mantel piece, warming his feet at the fir The is very easy and natural, and the work marked by that careful finish which characte: Meiasonier’s school. But what is most effective the sense of breath aud importance which tl artist manages to give his works, so that we neve think of the size of the work while looking at { The scariet coat of the cavalier is painted with WONDERFUL INTENSITY, and is made absolutely to glow by a cunnin arrangement of cooler tints, which lend it it creased brilllancy by contrast. e figure is draw with masterly freedom, the more remarkable bi cause of the smaliness of the scale. Probably the work which wiil excite the keene! competition will be the solitary example of poe Edouard Zamacois, whose great Pictare, Teflectip, onthe character of the empire brought downo, | him the ill will of Napoleon and earned for | seating, fame. “Pre| mons tae Lara not a very good example of lus, bat life was 80 shore and he has left so Sow memori behind him that collectors cannot stop to choos! unless they wish to loge all chance of having artist represented in their ries. His work is owned in the United States, but there ai not many examples from his easel. In the under consideration the sense of drollery, w! wi * pervading characteristic of his mind is convey¢ [\ SUBTLE, DELICATE WAY in the scene betweeti the two ueradera, TY | story is rather suggested than told, but noone: | ordinary intelligence could fail to supply the mis | ing details. In point of color the work is partic: | larly brilliant, as the artist used to the best adva’ tage the bizarre costumes, which we see hangir against the wall. The technical merit of the wor is of a high order. Verlat contributes an admirable example of an mal painting, selecting a very ordinary incident his subject, yet, by treating it in a Vigorous ar effective manner, has given to it considerable i terest. The title given in the catal is “Th Surprise,’ but “The Ambush” would have been better one, A cat is lying in wait for ara that, unconscious of her presence, is se€ advancing cautiously towards the opening of sewer. @ expression of watchful readiness ¢ puss’ face is eloquent of her thoughts—the who Posture of the animal is made to express the saa READINESS TO SPRING, | and yet to present the idea of quiescence. TI) way in which this has been effected shows that tl artist has studied carefully the habits of the antm while he draws carefully and well. The textu painting of the feline fur has been performed de, terously, and the whole action of the animal breathes of life that the illusion is almost startlin| The work has been treated with vigorous decisic both in drawing and laying on the color. It is or of the best animal studies we have ever seen } America, The Snedecor Gallery. The opening of this gallery for the Winter seasc takes place to-day. The chief attractions will 1 furnished by a choice collection of water colt paintings representing the chief European school: As this branch of art is rapidly gaining in popul estimation the collection will not fail to attra, considerabie attention, as it is one of the 1 and best selected of works in this genre that he ever been seen in America. The most importa) of the works at present on view is the ‘Kende vous,” by Siminetti. It belongs to the new Ital! School and is remarkable for the delicacy of i colors. The story is well told, and both the dra ing and the composition are far above the ave merit. Some Le Martin w attract attention, They breathe a poet sentiment which is in admirable keepir with the fered Phe the colors. De Nitti co: tributes two sketches in black and white whic were remarkable for the admirable quality of tt drawing. These works belong to the school « Meissonier and Zamaciers and resemble conside ably the works of the latter artist. Vibert co tributes the sketch of an Arab, and Copriani Tepresented by a Roman sketch, which is painte ( with great force and decision. ‘Meyer Von Breme is represented by sketches which have more fre dom than we usually find in his works, but wap ing in the finish. : THE SEOOND AVENUE RAILROAD EXTENSIO’ The Committee on the Second Avenue Rallroi Extension met at Corporation Counsel's oMce, Nassau street, at one o'clock yesterday alternoo One witness, Mr. Haskell, was examined, but not i new was learned from him in reference to t! value of the new franchise. Mr. O'Gorman order: an adjournment until to-morrow at one o’cloc when the case will be presented to the committe rd who will adjust the amount of compensation 6 | | paid Wo the ity, damicnctee