The New York Herald Newspaper, November 8, 1872, Page 4

THE COURTS The Woodhull-Claflin-Blood Habeas Corpus Case. SHERIFE’S FEES. House, for An Old Grievance Likely To Be Remodied by | Gotar collected more hae fre ane wane ana ay the Courts---The Law on the Subject--- Judge Robinson's Decision, THE JUMEL WILL CASE. A Motion to Empanel a Special Jury—The Case Adjourned Till Saturday Next. ALLEGED ILLEGAL CONVERSION. Danger of Storing Goods—Impor- tant Decision, BUSINESS IN THE OTHER COURTS. oe Alleged Fraudalent Bankruptey—Charge of Attempting to Vote Illegally—Business in Bankruptey—A Bank's Liability—Em- panelling the Grand Jury in the Court of General Sessions. A decision was rendered yesterday by Judge Robinson, of the Court of Common Pleas, which doubtless will prove a salutary lesson to deputy sheriffs in the matter of charges anda timely pre- caution as well to the unfortunates—of whom, un- happily, there is a large number in a large city like this—whom some “unfortunate speculation in the indigo trade” or other mishap renders Hable to be- come the victims of their unscrupulous extortions. Judge Robinson in this decision cuts down a Sheriff's bill trom $419 17 to $19 29, and the best of itis he ciges the law upon which the reduction is made. Yesterday was set down for the examination of Applicants for admission to the Bar, It turned out that under a recent ruling of the Court of Appeals Applicants, before they can be examined, must file proofs of their having been students at law, and provts of such filing from the Clerk of the General Term of the Supreme Court. To give this oppor- tunity the examination was postponed till the 16th Instant. Meantime, on representation of Mr. John D. Townsend, one of the examining committee to the General Term Judges, that his professional duties prevented his fulfilling the appointment, Mr. Anthony R. Dyott was appointed in his place. In pursuance of his recent decision, and which Was published in full in the HERALD, Judge In- grahamyof the Supreme Court, yesterday granted six additional mandamuses, directing the Board of Audit and Apportionment to audit and allow the bis of attendants at the Court of Oyer and Terminer, The case brought forward, and in which the decl- sion was given, was a test case. There are some ninety persons claiming pay under this decision, and the probability is that they will all now be paid without further litigation, The hearing upon the writs of habeas corpus in the cases of Mrs, Woodhull, Miss Claftin and Colonel Blood, that was to have been had yester- day before Judge Fancher, of the Supremer Court, Chambers, did not take place, after all. It was a grievous disappointment to the large crowd who had come to geta sight of the famous female brokers. Colonel Blood was the only one of the trio who put in an appearance, and, upon its being stated that his case was to come up at Jef- ferson Market Police Court, the writ was made re- | turnable at the latter Court. The same disfosition Was alsomade of the writs in the cases of Mrs, Woodhull and Miss Clafin, The argument was continued yesterday, before Judge Joseph F. Daly, at Special Term of the Court of Common Pleas, upon the injunction applied for against Henty Bergh by various Broadway omni- bus lines. No new points in the argument were adduced additional to those heretofore reported. In the United States Circuit Court yesterday a Motion was to have been made before Judge Ship- manin the case of George W. Bowen vs. Nelson Chase, on the part of the defendant, to empanel a special jury to try the cause; but it went over till Saturday next to enable counsel for the plaintiff to confer as to whether they will consent to the Motion or not. This is the suit which involves the alleged claim of the plaintiff to certain landed Property situate at Fort Washington, and which formerly belonged to Madame Jumel. bi EXORBITANT SHERIFF'S FEES. Piling Pelion on Ossa in the Way of Charges—A Case Brought to the Notice of Judge Robinson, of the Court of Common Pleas=He Gives the Law on the Subject and the Bill Fits. Very few people probably have any idea of the extortionate exactions of sheriffs’ oficers in this city. Those having had the misfortune of falling into their clutches, which is really the mildest Way Of putting it, have had realizing experience of the fact, but beyond this very little is known, Occa- Bionally these excessive charges are resisted. A few days since a case was brought to the attention of Judge Robinson, holding Special Term of the Court of Common Pleas, which unquestionably may be taken asa fair sample of the way business, in the way of fees, is managed by most of the under shoriits of New York. This was a suit of one Crofut against a Mr. Brandt. In due course of law some prop- erty of the latter was levied on by a deputy sheriff to satisfy a warrant for $989 31 and for a while held in his custody. ‘here was no sale, but for all this at the close of the matter the deputy sheriff put in abillamounting to $419 17, This was too much for the unfortunate debtor and motion was made on his benalf to have the sheriff's fecs taxed as on an execution settled before the sale of the property levied on. Judge Robinson rendered his decision yesterday in the case. We give below, tn full, . SUDGE ROBINSON'S DECISION. The execution in this case was issued out of this | court to the Sheriff against the property of the defendant upon judgment of the Marine Court, which, by virtue of the filing of a transcript in the office of the Clerk of the city and county of New York, under the provisions of section 64 of the Code, became a judgment of this Court. It directed ment, $959 41, with interest from July9, 1872, and on the next day the Sherif’ levied upon sufficient property of the defendant, consisting of straw and other kinds of hats and otfice furniture, situate at 63 Spring street, to pooge | the execution, which was atonce advertised for sale. The sale, however, was not commenced until August 16, wien, as it was being proceeded with, it Was stopped by an injunction, and whatever pA were made by purchasers were refunded nem. tg bill is presented for taxation by and on the part Of the Sherif for his fees and charges:— THE BILL AS PRESENTE: 1. Poundage on an execution of $989 31 $25 98 B Levy aud revtrn ss: 200 . Expenses keeping and ‘watcliing property jevied on. pte Mritsin Ey 1 Labor, taxing property, & Amounts paid tor cariage.. §. Storage and insurance... t 45 0 b "uatians on a mening goods 1 for sale and on sale and on ret ling deposits o ery ene nuding depo ‘its on e B Total.....++ ee ew + $49 17 The Sheriff, as well as all other puplic oMcers fre, at common law, entitled to no compensation for performing any acts of official duty, but by statute certain junts, hy way of tees, are allowed to be received and collected by them, but there is ageneral prohibition against their taking or r ceiving any other or greater fee or reward for any service than that alowed by law (2 It, S.. 040, seo Under this condition of the cuse the follow. | | defendant. | | sell the goods, | begs journal. the levy and collection of the amount of the juag- | 2ame. the duty of any summoned, te charge ola law. (Chap, sec. 17.) Notwithstanding these guards extortion by public officers, the bill presented, gret to say, is but a SPECLMEN OF THOSE EMANATING FROM THE Y that are brought to the notice of the Court. By statute that officer is allowed, for serving an exe- cution for the collect < ne Ty Ly Sor $250, and a half mills; advertising and chattels for sale, $2, and if the execution be stayed or settled after advertising and before sale, $1; for Paige awrit, twelve and a halfcents (2 R. 8., sec. 33); and by the act of 1850, chap. 225, sec. 1, he is allowed a further fee of fifty cents for receiving and entering the execution. I find no warrant in any of the statutes for any other charges in addition to these fees for expenses or disbursements incurred in executing such a power, In certain other cases provision is made for his compensation, expenses and dispurse- ments, to wit—by act of 1830, chapter 300, section 57, ic certain proceedings by way of attachment in ad- dition to specific fees, he isto be awarded such additional compensation for his trouble and ex- pense in teking possession and preserving the property, attached, also for making an inventory and appraisal and for drafting and copying the in- ventory, as may be certified or allowed by the tax- ing officer. So by section 216 of the Code on claims and delivery of personal property he is allowed his lawful fees for taking his Deoossary expenses for keeping the same; and by section on pro- ceeding under attachment authorized by the ede, the same fees and compensatton for services, and the same disbursements as are allowed for like services by chapter 6 of title 1 of 5s 2 of the Re- vised Statutes R 8S, 1 12), which, according to 2 R. S., section 646, may be allowed him in addition to his fees,—that is, uch compensation for his trouble and expenses in sSaking possession and preserving the property at- tached as the officer issuing the warrant shall certify to be reasonable. The Sheriff, as well as all other public officers, accepts office upon condi- tion .of performing entire duties for such compensation as is specifically allowed by express pfovision, law, and without right to claim any Other remuneration, his necessarily includes and limits the power of the oficer to delegate to any other person any right to any such extra compensation which he could not himself claim. The tees allowed are not quis quid honoraium, but are for doing or per- forming the service. The officer takes his office cum onere, a8 Well witn its honors and profits as with the duty of performing each service re- quired of him oF law, however onerous, ex- ensive or responsible. fie takes the good with he , the cases that are remunerative with those that are expensive, and for such com- perpsation as the law specifically affords. As to some duties, the labor and responsibility may be trifing in comparison with the reward, while as to others it may be wholly inadequate to the trouble and hardship incident to the particular case. In respect to executions for the collection of money, he may in some cases collect large sums by volun- tary ent or seizure of coin and eo f ain his fees, while in others he may be invoived in great trouble and expense in capturing and polding: the property until he can effect a sale. Yet in the latter case the law affords him no greater indemnity or remuneration for the service of the execution, not- withstanding any hardship or expense encountered than in the former. In either case he CAN ONLY DEMAND OR RECEIVE THE LEGAL FEES, and allowances made by the statute intended for all cases, Even a promise to pay him extra com- seen for extra services in the performancebf is oficial duty or such acts as are incident thereto is void (Chitty on Contracts, 582; Hatch vs. Maun, 15 Wend.) And as, Senator Tracy in the latter case says, ‘that a public officer whose fees are prescribed by statute may maintain an action to recover on actual sums promised him by a part; for doing his official duty is a monstrous proposi- tion, reauggts with every kind of mischief. The pretence that it was for extra services, would carry any conceivable corruption or extortion.” Whatever care, labor or expense the condition of the property levied on in case required the Sherif was bound to provide, and except as to existing liens, bear as part of his official duty beyond what his fees afford him by way of co! sation.(Buokle vs. Bewes, 6 D. & R. as 495; v. C., Bilbe vs. Havelock, 3 Camp., 374; Slater vs, Haine; 7M. & W., 413; Hatch vs. Mann, 15 Wend., and casos there cited.) BXPENSE FOR KEEPERS AND AUCTIONEER’S FEES. As to the extra charge, not specifically allowed by statute, the right to charge by way of taxable fees for any expense for keepers has been repudi- ated in Downing vs. Marshall, 87 N. Y., 380; Lynch vs. Meyer, 3 Daly, 256; Lord vs. Richmond, 331 and on 173. So as to auctioneer’s eae? in selling the goods, because he is bound to make the sale of the goods himself (Chitty on Contracts, 583; Woodgate vs. Knatchbull, 2 P. R., 157; Crocher vs. Sheriif, 2d Ed., Sec. 1,162). It is only when he sells the goods by an auctioneer at the request of some party that he can make er claim against him for the ex- pense. AS cartage and storage his duty was not, as in case of an attacnment, to keep and preserve the property until the further order of the Court, but at once to advertise and Ifany right of action exists upon the part of the Sheriff for extra services or ex- penses outside the scope of his oficial duty it must be pursued cgainst the party at whose request they have been rendered, and constitute no lien on the property levied on., They cannot be allowed on taxation, which is limited to the adjustment of mere statutory fees. Under these views the tees of the Sherif, as properly taxable in the present case, are as follows:— THE BILL AS ALLOWED. Poundage on $989 31 and interest to Augu $997 21, on $250, at 2 per ce On $747 21, at 1g per cent Advertising’ sale ot goods. Fee after advertising and before sale. Receiving and entering execution. Travel, one mile Ret wok BSsSsas Total. $19 29 At which amount the bill is taxed, and the other or excessive charges are disallowed. THE JUMEL WILL CASE AGAIN. The Jumel Will Case—Bowen vs. Chase— Motion to Empanel a Special Jury—The Case Adjourned. Yesterday, in the United States Circuit Court, before Judge Shipman, in the case of George Wash- ington Bowen vs. Nelson Chase, counsel appeared— Mr. O’Conor and Mr. Carter for the defendent and Mr. Shaffer for the plaintiff—to argue a motion on the part of the defendant that a special jury should be struck to try this cause. Mr. Shaffer, on the part of the plaintiff, said that his associate Sena General Chatfield, was un- avoidably absent, and he, therefore, wished the motion to go over to Saturday, for the pur, of enabling him to consult General Chatfleld and ascertain whether they would or would not consent to the metion. Motion adjourned accordingly, ALLEGED ILLEGAL CONVERSION. Danger of Storing Goods—Important De- cleto A case in which George B. Wilson, a colored sea- faring man, was plaintiff, and Henry Inhan, store- keeper, defendant, came up in the Marine Court yesterday before Judge Joachimsen. Plaintiff? brings the action for alleged illegal conversion of his goods. Damages were laid at $500. It appeared that the plaintiff,-having at heart the tem- poral welfare of his emancipated brethren at the South, and believing that the most practical way to accomplish that ob- ject would be to disseminate what Horace Greeley. knows about nay | undertook the mission of Greeley’s agent to Dixie in 1867, where he acted as colporteur in circulating that enter- Before leaving tor the South e stored his household goods with the defend- ant, in Thirty-third street and Eighth avenue. then proceeded on his mission South, and was ab- sent about three years. During his absence he authorized his wife to pay the storage and cartage, which she did, by paying the cartage to the deiend- ant and the storage to the silent partner of the It appeared that the detendant, at the time the plaintiff stored the goods, December, 1867, had a perteer named Finch, who, in 1868, bought out his right and title to the storchouse, and carried on the business in his own To Finch, the wife of the plaintiff paid the storage money, for which she received receipts—the bill heads of the defendant being used, but the name of the defendant erased and the name of Finch insefted instead. After Finch be- came sole proprietor it appeared that he converted the property of the plainuii to his own use, On the return of the plaintif irom the South he ay pnd to the defendant for his goods, but was told y him that he Knew nothing about them. At the close of the piaintit’s testimony, Mr. David McAdam, counsel for defendant, moved for a dis- missal of the complaint onthe ground that no illegal conversion was proved against the defend- ant. Motion granted. BUSINESS IN THE OTHER COURTS, UNITED STATES COMMISSIONERS’ COURT. Alleged Fraudulent Bankruptcy—Par- chasing Goods Under False Repre- scntation. Before Commiesioner Shiclds. The United States vs. Morris Peiser and Jacob Peiser.—The defendants, who have carried on busi- ness at 71 Chatham street, in this city, are charged upon the aMdavit of one Bernard M. Samter, with having committed acts of mg > frandujent bank- Tuvtcy. Qu the 26th of May, 1872, @ petition was He | fled by Morris Letpoger, praying that the Poisors be tain bankrupte, and bn proceedings under it petition are still pending. It is cl in the afidavit in question that, three months next immediatel, tug the it of that ‘ruptey roceedings, the defendants fraudulently ob- ined quantities of goods from different persons, and su uently pawned those is or portions: of them with intent to defraud their creditors. The defendants deny these allegations and state that shen’ ve ® good defence. Mr. Peter Mitchell a) beats ag counsel for the creditors. The defendants ig bailin the sum of $5,000 each for examina- Charge of Attempting to Fraudulently Vote. The United States va. Patrick McCabe.—The de> fendant—as reported in the HERALD of yesterday— has been charged with attempting to vote at the late election in this city without having his papers of naturalization, Mr. Goodlet a ed tor Evidence ba ell + laced to show that McCabe was an honest, -conducted man and that he had made an ineffectual search in the State Courts to ecu. a copy of his papers, Commissioner elds, believing that no fraud was intended, or- dered the accused to be discharged. Business in Bankruptcy. Since the 1st of October last to the present date there have been lodged in the United States Court forty-ene petitions in Bankruptcy—thirty-eight in- voluntary and three voluntary. ‘SUPREME COURT—CHAMBERS, Decisions. By Ju Fancher. Hollacher va, Levy.—Report confirmed and judg- ment gered. w. Peck vs, A, Filginrious et al.—Motion granted, ‘SUPREME COURT—CENERAL TERM, Decisions. By Judges (ngraham, Brady and Leonard, Charies eens tere vs. The Mutual Life Insurance Company.—Judgment aftirmed, with costs. Solomon Townsend et al. vs, Michael W. She; ard.—Judgment reversed and new trial ordered, with costs to abide event, unless platntitf consents to xeduce the recovery to nominal damages. William H, Styles et al. vs. Isaac Myers,—Judg- ment affirmed, with costs, vs. Stephen V. Hayman.— reced- Alexander Holland Sane. COURT OF COMMON PLEAS—SPECIAL TEAM. Decisions. By Judge Robinson. Slade vs, Rosl.—Motion to reduce bail dented, with costs, Leheran vs. Hank.—Motion to discharge order or arrest granted, with $10 costs. Hiler vs. Hetterich.—Motion denied, with $10 costs, to abide the event, Townsend et al. va. Peyser et al.—Referces’ fees reduced to $300, In the Matter of the Assignment of 0. Bolton & Co.—Order granted, By Judge J. F. Daly. Hassell vs. Van Pelt.—Motion denied. MARINE COURT—PART |. Liabilities of a Bank. Before Judge Spaulding. Louis W. Hausser vs. The People’s Bank.—In March last the firm of Rogers & Co. purchased of a Person representing himself to be Louis W. Haus- ser a quantity of human hair, the same person de- livering the hair, with a receipted bill, later in the day, whereupon a check was given him, payable to the order of Louis W. Hausser, for $446 44, which he immediately handed back, saying he could not use a check and had special need for the money that afternoon, It being then within seven min- utes of three o'clock, Mr. Rogers gave the check to his brother, telling him to draw the mney. “A abhy, uf ovens the ; party, pice was done, The check appears to be endorse “Louis W. Hausser,”’ but no evidence was elicited as to who wrote it or the time at which it was done, although it is supposed to have been written at 1s & Co.’s place of business by the party selling the hair, It now-appears that this party was but an agent of the plaintiff, and the bank is sued as has paid the money upon a forged en- dorsement. On plaintiff resting, a motion was made for a dismissal of the complaint, which the Court granted, on the ground that the check was never accepted by the plaintiff, having been re- turned by his agent to the drawers and the amount paid in full on a plaintif’s receipted bill, and that there was nothing in the transaction to show Rogers & Co. that they were not dealing with Louis W. Hausser, the plaintii COURT OF GENERAL SESSIONS. Epanelling of the Grand Jury—Pleas of Grand Larceny. Before Judge Bedford, At the opening of the Court yesterday morning the Grand Jury were empanelled and sworn. Mr. James B. Brady was welected to act as foreman. After a brief charge by His Honor, in which he sim- ply called their attention to the statutes respect*ag the usury, election, lottery ticket and steamboat ticket laws, the Grand Jury entered upon the dis- charge of their duties, Hugh mopabey, ti guilty to an indictment charging him with stealing a gold watch and chain on the 3d of October, while coming up the bay in the steamer Homedale. When caught in the act he threw the watch overboard. The Judge sent him to the State Prison for three years and six months. John Madden and William Dunpny, charged with attempting to steal a silver watch from the person of John Conway, on the 1%th of October, on the cor- ner of First avenue and Thirtieth street, pleaded guilty to an attempt at petty larceny from the per- son. They were each sent to the State Prison for two years. James Devine, jointly indicted with Henry Wilson, charged with stealing clothing valued at $71, on the 7th of October, the property of Francisco De Fina, pleaded guilty toan attempt at grand lar- ceny. The sentence imposed was one yeurs’ im- prisonment in the Penitentiary, James Mellville pleated guilty toan babel at burglary in the third degree, the allegation being that on the 2ist of September he broke into the basement of the Union Print Works, 211 and 213 East Fifty-fourth street, and stole seven pieces of Hoot valued at $225. He was remanded ior sen- ence. TOMBS POLICE COURT. The only case of any importance brought before the notice of His Honor Judge Hogan yesterday was that of Mr. Edward McCammon, of Albany, who accused Charles Fletcher of grand larceny. Mr. McCammon came down in the steamboat Drew from Albany yesterday morning. When he retired to rest the night before he put his pocket- book, containing $58, under his pillow. Mr. McCammon got up as soon as the boat arrived at the wharf, and leaving in a hurry forgot his wetter Before he got as far as Broadway he missed his pocketbook and went directly back to the Daniel Drew. He found the stateroom in which he slept in a state of disorder, but the pocketbook was not there, The clothes were ear! from th bed and ere strewn on the floor. The Waiter, Charles Fletcher, was called; he acknowledged removing the clothes, but denied having seen the money. Fletcher, it is charged, was seen issuing from the adjoining state- room about the same time. That room was searched by Mr. McCammon and the mate of the boat, John lurphy, and the pocketbook was found in the drawer ot the washstand. On the evidence of Messrs. McCammon and Murphy, Judge Hogan held Fletcher for trial. JEFFERSON MARKET POLICE COURT. False Pretences=A Case of Grand Lar- ceny—Attempt at Kidnapping, Thomas Gaffney, residing in Centre street, ad- vertised for a partner, having $300, to engage in a lucrative business, whereby James Fitzgerald's at- tention was attracted, and he subsequently called on the advertiser. Gaffney represented to him that he was engaged in the auctioneer and.real estate business, and if Fitzgerald would join him he (Fitzgerald) could make $50 a week, Which the latter beileved and entered into a be agg advancing $250 and agreeing to advance $250 more. Since then he has seen nothing per week, and 80, complains of Gaffney for false pretences, Prisoner was held to bail im the sum of $600 to await examination. Daniel Gorman, employed by Henry M. Sackers, $22 Broadway, was charged by the iatter with steal- ing goods valued at $426. Tie testimony showed that the prisoner was sent to take goods to the Albany steamboat line, but failed to deliver them as directéd and said they had been stolen from him, Committed in default of $1,000 vail to an- swer. Kate Donnelly, who gave her residence at 438 West Thirty-fourth street, was brought up charged with an attempt to ee a little girl aged twelve years, named Fila Canfield, residing with her pa- rents on Eighth avenue, The child swore that on the 6tn of «November, while she was returning home from school, she was accosted by the pris- oner, who seized her by the arm and began eating her up the avenue. She resisted and began to cry, when some persons interfered and an officer came up and arrested the prisoner, She was committed in default of $500, COURT CALENDARS—THIS DAY, ScrREemE CourT—OincuiT—Part 1—Held by Judge Van Brunt—Short causes.—Nos. 1415, 1643, 168, 1691, 170734, 1969, 2197, 2293, 2526, 3037, 3071, 3079, 8051, 3137, 8149, 8167," 8211, 4219, 2230, 9260, 3273, 8285, 3289, 3366, 3386. Part 2—Held by Judge Bar- rett—Short causes,—Nos. 1492, 2188, 145634, 3392, a, 3900, 5150, as tt, saith 8743, 3608, 8740, 90, 33824, 3412, 3593, » » 8655, 3684, 3604, 8736, 8768, 3770, 803444, “4 SUrRkMe = GQVRT—CUAMDERS—Deld by Judge Fppcheny-How 67, 87, 06, 96, 104, 107, 112, 181, Call SUPREME COURT—GENERAL TeRM—Held by Judges Ingraham, Leonard and Brady—Non-enum motions one pipheret —Nos, 91, 93, 97, 98, “aoresion Court—TaiaL TeRM—Part greet Judge Curtis.—Nos. 1285, 1429, 1755, 1601, 1505, 1 1871, 1851, 257, 751, 1751, 1753, 1821, 1807, 1849.’ Part 2—Held by Judge Sedgwick. os, 1358, fe, 1056, Hist, ase 1386, '386, 1380, 1396, 1402, 1404, 1422, 1492, Hoi by Judge Lovw_~ Non, 1865: 406, 100", 60% 112002. le: in w.—Nos, 1081, 8; 383 1712, 1675, 1597, 1456, 1077, 1684. Part 2—Heid by Judge Larremore.—Nos. end 1713, ine ~~ 1524, 1343, 1729, 1730, 1781, 1782, 1 1785, Court or Common Pieas—Equiry TerM—Held by Judge Robinson.—Nos. 45, 12, 37, 38, 43, 64. MARINE COURT—TRIAL TRRM—Part ee} 650, 754, 790, 1408, 1380, 828, 83 Held by Judge Curtis,—Nos. 631, 689, 663, 605, 645, 655, 757, 159, 771, 773, 775, 777, ‘Par 3—Held by Ju ge Joachinsen.—Nos. 169, 235, 241, 2834, 852, 1346, 858, 869, 860, 861, 862, 41, 915, 010, 6 Court OF GENERAL SEssions—Held by Judge Fogiprd.Bopbery, Charles D. Rivoli, Michael Ryan and James Murphy, William Ryan. Rape, Rubusiiano Filius. Burglary, James Farrell, Henry Merose. Felony and assault and battery, William Morton, John MoGivern. Grand larceny, James Brown, John Missfeld, Michael McCue, Henry Far- rell, WilHam Freemont. — Larceny from the person, Charles Moore. False pretences, George Strauss COURT OF APPEALS CALENDAR, ‘ ALBANY, Nov. 7, 1872. The following is the day calendar of the Court of peals for Monday, November 11:—Nos. 839, 841, oa ate, 844. The three frst num- bers arb criminal oases. New Members—The, Bienvil Disaster and the Inhabitants of Nassau—Hu- manity Acknowledged—Building of Fireproof Warehouses—Serious Sug- gestions for the Grain Trade—General Van Buren on America at the Vienna Exhibition—Hints for the Centennial Celebrat The Chamber of Commerce held a stated monthly Meeting yesterday afternoon at their rooms, 63 William street, William E. Dodge, President, in the chair. The following named gentlemen were unani- mously elected members:—Hugh Auchincloss, Arthur W. Blake, James E. Dean, Charles A. Denny, Charles C. Dodge, Joseph W. Drexel, Latham A. Fish, James A. Garland, S. Emerson Howard, Richard H. Laimbeer, Willlam H. Locke, James Lynch, Peter M. Myers, Frederick P. Olcott, Henry W. Poor, Emil Sauer, James Seligman, Jesse Selig- man, Joseph Seligman, Edward A. Wick: The following amendment of the adopted :— Anticix IV:—After the second paragraph insert the fol- lowing :—“It the fees of any member remain unpaid for a. term of two years, the name of such defaulting member shall be reported to the Chamber and thereattor may be sirlcken from the rolls.” On motion of Mr. A, A. Low, Francis S. Lathroy reece a member of the Committee of Arbi- tration. THE BIENVILLE AND THE 8. bylaws was INHABITANTS OF NASSAU. The following relative to the survivors of the Bienville calamity were unanimously adopted :— Resolved, That we have heard with deep interest the communication of Captain Jefferson Maury, of the late steamship Bienville, destroyed by fire at séa on the 15th ugust last, and that we beg to tender the thanks of this Chamber to the acting Governor, Captain G. ©. Stra- han and to the inhabitants of Nassau and Eleuthera for the kindly sympathy and the prompt and efficient aid ex- tended to the survivors from that disaster. Resolved, That a copy of this resolution, duly authenti. cated by the officers of the Chamber, be sent to Acting Governor George ©. Strahan, and to ‘the inhabitants o Nassau and Eleuthera. Resolved, That a copy of these resolutions be trans mitted to the Secretary of State of the United States with a request that due recognition be made of the action of Governor Strahan and the inhabitants of Nassau, and that a suitable testimonial be tendered to the inhabitants @t Eleuthera. FIREPROOF WAREHOUSES FOR THE STORAGE OF GRAIN, ‘The following report was unanimously adopted :— Committee No. 6, to whom was referred the subject of building fireproof warehouses for the storage of grain, 4c. as set forth in the circular of the American Fire: proot Granary Company, beg leave respecttully to, re- ort as follows:—They have examined the plans of the company in question, but give no opinion on the same, as they consider the superiority of one plan of ware- housing over another a practical matter much more within the province of the Produce Exchange than of the Chamber ot Commerce. ‘the importance of provid- ing at or near the metropolis facilities of some sort for the immense grain trade of the West arriving by rail can hardly be over estimated, The trade by canal is believed to be satistactorily provided for by grain warchousos, of grclinary construction, convenient to the water: but (or the rapidly increasing trade by rail the provision is most inadequate. Not a single freproot elevator has been built at this point, except at the United States warehouses at Brooklyn, and that {s far removed from the important, railways.’ Until this pressing want is supplied the city of New York must be content to see the grain trade seck other outlets, where more energy and forethought in pro- viding facilities have been shown. Ifin such structures the fireproof clement can be intro- duced without sacrificing other and equally important features, such as, for instance, facilities for airimg and _ drying the grain, @ most important step in advance will have been taken: ‘The destruction by fire of elevators at the West has become an alarming matter, and the high rates ot insurance resulting from the great risk is a serious burden on the trade. The committee hope that the attention of those in the trade will be promptly and earnestly given to this whole subject of accommodation for grain, fireproof it possible, but any way a large addition of soine gort, and ask to be discharged trom the further consideration of the subject. JOHN TAYLOR JOHNSTON, Chairman, CHARLES BUTLER, LEX, M. WHI N. EDWARD HINCKEN. JAMES P. WALLACE, GENERAL VAN BUREN’S REMARKS, The Chairman then introduced General Van Bu- REN, United States Commissioner to the Vienna Exposition, who addressed the Chamber. He said that his object ip appearing betore the Chamber was to get their endorsement for the American de- partment of the Vienna Exhibition. The greatest anxiety was felt by the authorities in Austria that America should be well represented. It was de- sired that especially in the educational department the American system of schools should be fully exhibited. Atthe Paris Exhibition in 1867a very imperfect model school attracted the greatest attention, and it was on account of this that the present anxiety for a more thorough knowledge of our system ofeducation was sought for. It was Strange that atthe Paris Exposition Spain pre- sented the very best system of schools, The educational question -was now a leading mires in Europe. The difference between Europe and ourselves was that our youth after leaving school were taught by the newspapers. He in- tended to have a specimen of ot ewateney and periodical in the country at the Vienna ‘hi- bition—not for reading, but to show that such a vast number exists in America. It must prove in- teresting to show the fruits of the Northern Pacific Railroad, which ran through a country that but a few years ago was looked upon as a desert. But it needed a large appropriation of money to have America properly represented at the Exhibi- tl Objection had been raised by patentees to nd their goods to Austria, but the Austrian gov- ernment had made satisfactory arrangements about patents, and at the present time there was a draft of an agreement Wyck. would bind Austria to place American exhibitors precisely on the same footing as Austrians were placed in this country, He wanted tohave such @ schoolhouse built ‘tor the Exhibition as would enable the whole system of our schools to be fully shown and large enough to allow explanatory lectures to be delivered in it. The decoration of the American department would cost at the least $100,000, and transportation of goods to and from Vienna would cost as much more. Congress would meet in Desember, and he desired that the Chamber would have its recom- mendation for an appropriation ready at the earliest day. The subject was referred to the Executive Com- mittee, with instructions to prepare a memorial to Congress and to take such other action in behalf of the Shamber-as it deemed proper, A communication, which had been received through general Dix, urged upon New York a fitting celebration of the Centennial National Anniversary. Philadelphia was already at work in this direction, and it was Seggested that New York should erect a palace in the vicinity of Central kK which would not only serve as a temporary exhibition building in 1876, but would be a permanent memorial of our progress during the first one hundred years of na- tional existence. The communication was referred to Committee No. 7. Mr. A. A. Low moved the concurrence of the Chamber with the following resolution, which had been adopted by the Boston Board of Trade :— Resolved, That the Department of State be and itis hereby requested to modity, if it be permitted by law, the terms of the recent proclamation deplaring has here> after ali goods imported into the United States in French Yewels from countries other than France shall be charged a discriminating duty of ten per cent ad valorum, under the Seventeenth section of the act of June 90, 1864, so tha the said discriminating duty shail not be ‘levied upon merchandise which was afloat and destin the United States at the date of the proclamation, and which was shipped by our merchants or their agents in good faith and without notice of any expected change in the commercial relations of this country with France. Resolved, That an authenticated copy of ihe foregoing resolution be transmitted to the Secretary of State. The Chamber then adjourned, THE TONNAGE DUTIES, To THE EDITOR OF THE HERALD:— In your paper of the 5th your correspondent at Washington refers to the tonnage duties exacted on foreign steamers, In violation of the treaty of Belgium of 1868, the Custom House in New York ex- acted sonneye duties on the Belgium steamer De Ruyter in 1871. It hag since been refunded, and since then Belgium steamers are admitted free of tonnage duty, thereby giving them a preference over other steamers, in violation of treaty, that es favor in commerce or navigation granted to any forcign yation shall immediately become com- me MERCHANT. DOVEMBER 6, 1672, BLOOD IN BONDAGE. —+——— The Vengeance of Justice in Pursuit of the Alleged Traducer of the Character of Mr, Luther C. Challis—A Scene in Jeffer< son Market Court House Yesterday Before Judge Fowler—Adjourn- ment Because Tennie and Vic- toria Are Not Visible. —_—+——_ A WOMANLY STRATEGEM. How the Complainant and His Counsel Were Allured to the Cell of the Incarcerated Fair— Touching Messages from the Younger “Martyr” and Tearful Bobs of Re- pentance and Regret—"‘A Clean Breast” To Be Made, The case of Colonel Blood, who is accused by Mr. Luther G. Challis of cpmplicity in the alleged slanders published by Woodhull & Claflin in their Weekly, came before Judge Fowler again yesterday in the room of the Third District Judicial Court at Jefferson Market, Sensational developments were anxiously expected by the evening papers, but none occurred. At precisely half-past two o'clock Colonel Blood, the blonde hero of tree love romance, was brought into Court by two Officers. With difficulty his way was elbowed through the crowd that stood in solid mutual con- tiguity, silent. but intensely interested. It was by nO means a vulgar one, but surprisingly respect- able in appearance however it may have been at neart. A few ladies were seated upon the benches, but the aisles were filled completely by masculine Spectators, who were unable to assume a more pleasant position, but, nevertheless, were sup- ported through their ordeal of discomfort by THE STRANGE ATTRACTION which characterizes for persons of a certain sort the details of this curious case, or perhaps by a se- cret personal concern in its dénouément which they would rather not have discovered by the pub- lic, The number of persons who have really some- thing at stake in the conduct of the two danger- ous women who have recently uttered such start- lingly scandalous charges against men of the high- est standing in society and religion, and with a good deal of real pluck are awaiting their trial for calumny, is something not distinctly known, but which may be guessed at. Accordingly the crowd that was gathered yesterday with the expectation of listening to their examination by relentless law- yers who would not stop at scruples of. delicacy where so serious a question as that of honor was concerned was outwardly very well dressed, very conservative in its bearing, and seemed to hold its breath in a very great anxiety of suspense. SOME FAMILIAR FACES of gentlemen who have brokerage offices on Broad and Wall streets and have families in aristocratic uptown residences were there. They all deeply feel and express the intensity of attention with which they are bound by their ties and association to watch the defence of character and decency which is about to be made in tnis case, to ascertain exactly how far they both may be at the mercy of the tongues and pens of mischievous women, THE PRISONER, Colonel Blood, was given a seat within the railing that is in front of the Judge's bench, and on each side of him sat a Deputy Marshal in plain clothes, He seemed not a@ little agitated, and cast depre- cating glances at the crowd which was regarding him at the time by no means lovingly, with the ex- ception, perhaps, of the ladies, upon whom his regular features and Dundreary whiskers seemed to make quite an impression, as they had at other times done upon the susceptible hearts of the fair imprisoned sisters. Behind Colonel Blood were seated two ladies, who were dressed in black and were apparently much embarrassea by the position which placed them in range of so many very critical glances. One of them was Mrs. Brooker, but the name of the other was not gene- rally known. Their sympathy with the prisoner was very palpable and was the most interesting part of the proceedings, THE LAWYERS, In front of the bench were the lawyers engaged in the case, who already torm on both sides quite a formidable array, showing how bitter is the fight to be ere it is given over to success or defeat. Mr, Luther C. Challis was seated near the Assistant District Attorney, Mr. Algernon Sullivan, who aj peared for the people, and Mr. Henry E. Knox, his special council, was beside him. Messrs. Howe and lummel occupied prominent positions in proximity to their associate in this cause, Ex-Judge Rey- mert and all three of those legal gentlemen seemed to he in the most excellent spirits comene ae how little warrant 1s now presented for a hopeful view of the predicament of their c:ients, After the opening of the proceedings, by the inti- mation of Judge Fowler that he was readiness to hear the examination, Mr. Howe arose and formally made application to His Honor for an ad- journment. He said that both the fair incarcerated creatures and Colonel Blood himself were anxious for speedy trial, but owing to technical error in the preparation of the writ of haveas corpus ad testifi- candum they had been unable to secure the attend- ance of those important witnesses on that day. The purpose of the writ which had been obtained the Supreme Court was to bring them from their confinement in the Ludlow Street Jail to Jefferson Market. It had been served on the keeper of the prisoners, but he had refused to obey it, on the ground that they were not in his custody but in that of the United States Marshal, Sharpe, who said that when the writ should be directed to him he could comply with its injunctions, Mr. Howe con- tinued by saying that the ladies (Mrs, Woodhull and Miss Tennie U. Claflin) were VERY IMPORTANT WITNESSES for the defence, and if the case was pressed for- ira without them he thought it would be very unfair. The Assistant District Attorney could not see any cause for journment, as Colonel Blood in- dividually was alone concerned in the indictment. Mr. Howe replied that the ladies should be resent, for the reason that they could prove or Meprove the allegations of Mr. Challis. told the counsellor that Mr. Challis had alr ly be- seeched them several times to let him withdraw his case. A WOMANLY STRATEGEM. The Assistant District Attorney stuted that Mr. Challis had shown thus far perfect good faith and a determination to continue the prosecution to its end, His going. to the prison was not until alter two messages had been sent to him by the fair prisoners, asking for a@ visit from him and his counsel. Miss Tennie ©. Claflin had first sent her aged mother to the broker with a request that he call at the cell of her daughter in the Lud- low Street Jail at a certain time on a certain after- noon, and a second time had commissioned her sis- ter, Mrs, Miles, with a similarly touching message. Mr, Challis, under advice of his lawyers, at length consented to comply with the requests that he had received, and with them he proceeded to the gloomy dungeon of the unfortunate sisters. The Peay were received with the warmth of Poe ah ion, and the fair martyrs of “a rotten society” went down on their knees, and between sobs and tears begged the complainant that he woula re- tract his charges upon their consenting to deny the slanders which they nad uttered against him, These circimstances had been prevaricated and falsely stated by the prisoners’ counsel, JUDGE FOWLER POSTPONES. ‘The Court said that it was unfortunate that the writ of habeas corpus had been incorrectly a and thought that it was not advisable to proces With the case until the witnesses whose presence was so desired could be brought before him. Mr. Howe bowed with a very bland smile, and said that he supposed then that the ladies would ce the Court with their presence on the morrow; ‘0 which the Judge again assented. The examina- tion was then formally adjourned until to-day at two o'clock. MR. CHALLIS, after the decision of Judge Fowler, Was in consul- tation with his counsel, Mr. Knox, in a room at- tached to the Police Court, and was a little later here seen by the HERALD representative, His whole manner was manly and candid, and speedily disarmed cynicism by creating in its stead @ strong sympathetic impulse. In personal appear- ance Mr. Challis is very prepossessing, has a fine, intellectually formed liead and @ clear, honest eye. He is quite bald, but his mustache and whiskers are luxuriant, and his color fresh and warm. His excitement regarding the present case is very in- tense, and his determination to punish y THE ALLEGED ATTEMPT TO SLAUGHTER HI8 REPU- TATION 1s bitterly sincere and is not of the sort that will accept cheap pacification. He feels keenly the un- pleasantness of the publicity which has been forced upon him, and most of all hae Be La in which it places hin in Ce erst of fee wo ae soy. although not the least evidence ti to the. wild slanders that have been uttered by Mesdames Woodhull & Clafin. He who steals my purse, steals trash; ‘tis something, twas mie, itis his, and bas beon slave to thousands; me my Hobs'me of ti ae which not enriches him and makes me poor indeed. ; Mr. Challis in righteous resentment bo be that he will press his cauge to the utmost, and although he of Matera tutend to ‘make te breast of it” in order’ to blame from rs Of Colonel Blood and" set tun af lb doubtless with the hope that he can tnen aid them Censured—Recommendation by the Jury. : Yesterday afternoon Coroner Young held an in- quest at the City Hallim the case of Mr. Luther C. Gallagher, the broker, who was almost instantig: killed on the afternoon of the 29th ult, by a scant ling falling on his head from the fifth story of the Drexel building, now in course of erection corner of Wall and Broad streets. Below will be found @ synopsis of the testimony elicited and the verdicé of the jury. Joseph 8. Gallagher, father of the deceased, liv- ing in Bloomfeld, N. J., testified that he saw his son last about one o'clock on the afternoon of the 29th ultimo; heard goon afterwarus that he had been killed, but knew nothing of the circumstances attending his death except by hearsay; think there was Pen pestection in the way of a fence’ around the ding of Drexel & Co., Wall street, corner of Broad street, " ding the erection of Drexel’s bi Wall and Broad streets, was there at the acvident; was told there had been an aw blood on the gt amg think the scant fell from the fitth floor; have often w: the men to be careful about accident; did not in this case Loe men on the pavemené to warn rs by of danger, have since act e barrier al the building, by consent of Cap- tain of Police. In tearing down the old buildi We had some protection, 80 that people in were compelled to go into the street; after the uilding was torn down there was a fence place@ around the building, which remained there some time; all the necessary precautions for the a tion of accidents both inside and outside the building were taken; [ consider the killing of Mr. Gallagner to have been quite accidental; Cornell is the contractor for the tron work; Jeremiah Smith was contractor for the masom work; Struthers & Son had the marble contract, Charles Kerr, a carpenter, testified that he worked on Mr. Drexel’s new building at the time of the accident; was then atwork on the fifth floor, taking down the centres; a piece of scant- ling fell wi le at work; the centre, in lowe! turned over and the scantling broke, one-half - ing inside the building and the other outside; the witness and the two other men assisting him were yor. careiul to avoid accidents; the witness was by one of his assistants that a man had been killed’ by thi struct buildings without erecting fences to prevent accidents; there is now a fence about the xek Peter tt every dso heal was taken to prevent accidents; Mr. Wells is avery careful man, and cautions the men almost every day. Patrick W. Cullen, 8 carpenter, testified that he was at work lowering the centres at Drexel’s new building at the time of the accident; the turning of the centre broke the scantling, which was three by four inches in thickness by about ten feet im length; have never known a .similar accident be- fore; think every precaution for the prevention of accidents was taken; after the scantling fell saw @ man lying on the pavement; saw the scantling fall on the sidewalk, topple over and knock deceased ainst an iron column, ‘homas Willey, also @ carpenter, testified that the fall of the centre was the cause of the breaking’ of the scantling; a portion of the centre struck the witness on the left arm and shoulder; do not think that by any possibility the accident could have been prevented; Mr. Wells has almost daily cau- tioned the witness to be careful not to be injured himself or have accidents occur to others. Dr. Marsh testified that fracture of the skull was the.cause of death, Coroner Young then submitted the case to the jury, who rendered the following VERDICT. “That Luther 0, Gallagher came to his death by the falling of a piece of wood from the fifth story’ of the building corner Broad and Wall streets om the 29th day of October, 1872; and we censure the parties interested for not placing the proper bar- riers to protect life and limb. ‘e recommend that @ law be passed to compel buiKiers to erect fences or something whereby the life and limbs of citizens mee pe protected during the erection of build- FIRE DEPARTMENT FINANCES. The Contest Between the Board of Fire Commissioners and the Comptxolier= The Men Will Likely be Paid at Once. The dispute between the Fire Department Com- missioners and Comptroller Green still continues. The court having decided that the Comptroller is right, the Commissioners have taken an appeal to General Term. Yesterday they met to consider the otfer made by Mr. Green to pay the men for October if they would forward the pay-rolis to his office, and to protect them by a promise that suck action oa their part shall not prejudice them before the courts. In this letter, which was published om the 27th ult., the Comptroller gave a pledge that compliance with his request for the pay-rolis should not prejudice the case. Mr. Burrell, counsel for the Board, held that this promise was not sufficient to protect the rights of the Board, and that tuey should have a written agreement in legal form from Mr. Green. All the Commissioners expressed) their willingness, and, indeed, their anxiety, to accede to the terms offered by the Comptroller to pay the men by his own disbursing agent, provided such action could not be construed as a surrender of their rights. Mr. Hitchman disavowed on the art of the Board any desire to resort to pretexts for delay, and charged that the Comptroller was re- sponsible. After full and careful consideration the Board decided to forward the pay rolls asked for, and permit Mr. Green’s paymaster to conduct the disbursements, should Mr, Green give the desired written guarantee. The following resolution was unanimously adopted, and General Shaler and Presi- dent Hitchman were gt Serene a committee to con- fer with Mr. Burrell, their counsel, and if possibile secure the agreement from the Comptroller:— Whereas an application to the Supreme Court for a mandamus to compel. the mptroller to. de moneys to the credit of this department, to be disbursed by this Board of Commissioners, has been denied, and Whereas sieps have been taken to appeal trom such de- cision, wnd wilereag such appeat may reinain undecided fora Considerable tine, and whereas much. suffering ts likely to result to the officers, men and employes of this department by delays in payments duo. them, and whereas the Comptroller, in a communication of the 2th ultimo, has asked under the dec! above referred to, for'the department pay-rolls for Octo- ber, for the purpose of providing for their payment; and whereas said Comptroller advanced the money for the September pay-rolls, and executed a written agreement that the disbursement of such money tor the purpose Bamed by the Commissioners should not prejudice the case then pending in the Supreme Court; therefore, solved, ‘That the department pay-rolls (or October, including the headquarters pay-rolis for September and October, be furnished said Comptroller, upon his execut, ing a written ayreoment that such actlon on the part of the Fire Commissioners shall not prejudice the appeal taken from the recent decis:on of the Supreme Cou! In a conversation had by a HERALD reporter with Mr. Strahan, counsel for the Comptroller, and Walter H. Peckham, both gentlemen ridiculed the idea that the supply of the pay-rolls to the Coimp- troller and.the payment of the salaries by hing could in any manner jeopardize the case of the Fire Commissioners, and Mr. Strahan stated that when the pay-rolls were received the Comptroller would endorse by or them & stipulation that payment of them by him shall not affect the pro- ceedings at law now pending. Whether this will be satisiactory to the Fire Commissioners is @ question ye! to be decided, but it is likely that the employés will be paid within a few rE as the Comptrolier says he will fully protect the Fire Com- missioners if they consent to the proposition he made for him to pay the meu either at the station houses, the Comptroller's oftice or at Fire Depart- ment headquarters in Mercer street. THE GERMAN AID SOCIETY, German Immigration at This Port. The directors of the German Society held a meet- ing at 18 Broadway yesterday, when reports were received in reference to German immigration and the condition of German immigrants landing at this port. It appeared that since the 1st of Janu- ary 110,888 German immigrants were landed at this port, the majority of Whom were destined tor Illinois, Michigan, Indiana and other Westerm States. This is an increase of 41,230 as compared with the German immigration daring the corre- sponding period of last year, when ouly 69,649 Ger~ mans were landed at Castle Garden. During the st Month 12,946 German immigrants arrived— ,389 More than during the corresponding month of last year, The Treasurer reports a balance of $4,714 to defray current expenses in aid of German immi- ean in addition to assets of the Soclety amount ig tO $36,000, A PSMININE TEMPERANCE LESSON. Two girls, named Mary Curtis and Mary McCau- ley, were yesterday before Judge McQuade, of the Harlem Police Court, on charges preferred by thetey employer, Michael A. Andrews, the keeper of a restaurant at 2,387 Third avenue. In thy back ard of the above number there laid a Warrel of Fourvon whiskey, and the girls, it is charged, coveted a taste of the same, As no spot was in the barrei they adroitly removed the bring-stopper and one of them forced into the Yang a iinem garment. This was left in watil tt wis thoroughly Saturated with whiskey; then Withdrawn, the Uquor squeezed into a pan and ®vank, They re- peated the trick until both bevame iproarioasly drunk and were arrested, ‘TD,cy were both held. for examinatioug ome