The New York Herald Newspaper, November 9, 1872, Page 4

THE COURTS. The Heath and Ingersoll Suits—-Thetr | History andthe Last Move on {ho Legal Checker Board, meerterene Ghent THE WALL. STREET BROKER. TROUBLES, Decision in the “Clerke-Butlor Case in the Supreme Court, General Term— The Latter Held for Beil. A REAL ESTATE CASE. eee Rov Money “Paid to Bind @ Bargain and What ‘tame of It---Important Verdict, at THE WOODHULL-CLAFLIN SUIT. Another: ‘Writ of Habeas: Corpus—They Afe Taken to Jefferson Market Court as Witnesses. —_— IN THE OTHER COURTS. ee The Vacant United States District Attorneyship— The Candidates in the Field—Bankruptcy Cal- endar—A Whiskey Prosecution—Alleged Violation of the Revenue Law—A Re- peater—Convictions and Sentences in the General Sessions. BUSINESS The famous Heath & Ingersoll litigation was up jain yesterday in the courts. It came up ona motion before Judge Fancher, holding Supreme Pourt, Chambers, to dissolve an injunction and ap- pointment ofa receiver. After hearing the argu- ment the motion was denied, A résumé of the Case will be found below, and shows where some of the Court House money went to, as well as other facts ofinterest connected with the ‘Ring.’ A new writ of habeas corpus was granted yester- flay by Judge Fancher, in Supreme Court, Chambers, in the case of Victoria C. Woodhull and Tennie C. Claflin, The writ was directed to United States Marshal Sharpe, requiring their production at the Jefferson Market Police Court as witnesses in the Colonel Blood case, Judge Fancher, holding Supreme Court, Chame bers, yesterday granted a writ of habeas corpus in the case of Alfred E. Lagrave, recently captured in Switzerland and brought here to answer a charge of swindling by the wholesale many of our lead- CHALLIS AND GLAFLIN. pies cee ae seer NE A REAL ESTATE TRANSACTION. —-_— What Came of Money Paid te Bind a Bargain=A Sult With an Interesting Moral. Some time ago Mr. John” Hoey negotiated with Mr. Charla A. Bewrte fo purchase of the ters place at For the place Mr, - Hosy was to give ten acres of land at Long Branch and $7,000, and to bind the bargain he handed over $500 to Mry Bowrle’s lawyer, Me. A. J. Perry, ;/ It turned out that there was a judgment against the property and a perfect title could not be given. Under theso circumstances Mr. Hoey refused to consummate the purchase and demanded back the money paid to bind the bargain. This was refused, and, more” than this, a ye: was brought against Mr. Hoeyin New Jersey to compel enforcement of the barmalD. In this Mr, Bowrie taniing was beaten, bnt notwiti the result of the sult the lawyer stil hung on he money, acting upon the advice of his olient, of course. Suit was brought aapiast Mr. Perry to recover the $500, and the came to tri! yopkerday, before Judge Serdwick, of the: Superior Court. It took but little evidence and a short time to get the cage to the jury, who at once gave A Verdict for Mr. Koey for the full amount claimed, with interest. BUSINESS IN THE OTHER COURTS, UNITED STATES DISTRICT ATTOREVSINP, - Oandidates in the'Mields Mr. E. Delafield Smith and General Henry F. Davies are inthe fleld aa candidates for the post of United States DistriqtAttorney. Mr. Bliss may also be a candidate, Hei has: been connected with the Custom: Honse, and will have, of'course, ali the influence of that departmont to sustain his pre- tensions, General Davies is now chief assistant to Mr. Noah Davis, the present incumbent, who goes to the Supreme Court in January as Judge, in obedience to the recent yerdict of the people as pronounced at the polls. The General is miliar with the duties of the office, and all who have had official relations with him concur in admitting that he is a courteous gentle- man and faithful public servant, Ata period dur- ing the war Mr. E. Delafield Smith held the position of United States District Attorney, and many of the old attachés of the Federal building say ts they would be extremely glad to see him back there agninin the same capacity, It understood that if Mr. Bliss presses “his claims very earnestly he can have the place; but per- Rape: something as good or better ey, be offered him for his services to the administra- tion in the late campaign. He may possibly be out of the race when the moment comes for a decision ag to who shall be the winner; and in that case ‘the ifside track’? would be in the possession of General Davies, though Mr. Smith has strong claims upon the republican party, with whom he has always acted in a very straightforward man- ner. Other names have been mentioned in con- nection with this candidature, including those of ex-Judge Beebe and Mr, Stanley, formorly Chief Assistant under Mr. Eawards Pierrepont, when the latter gentleman was United States District Attorney. May the best and most eompetent man win. UNITED STATES DISTRICT COURT. Bankruptcy Calendar tor This Day. Before Judge Blatchford, Havens et al. vs. Wilson & Wilson. Halt vs. Kiernan. Saxton vs. Wetherell & Wetherell. Richardson vs. William F, Mayhon, Joseph J, Mayhon and James H. B. Daly. Sweet vs. Van Horn. Button vs. Williams, Harris and Ward. Wood et al. vs. Elwell, Fiske and Boynton, Samter vs, Morris & Jacob Peiser. Phillips et al. vs. Darrow, ing morthants, The writ was made returnable this morning, at which time it will come up for argument. A suit presenting some novel features was tried yesterday before Judge Sedgwick, of the Superior Court, the point involved being the recovery of money paid to bind a bargain in real estate which was not consummated. The jury by its verdict Drders the money to be paid back. The Supreme Court, General Term, yesterday affirmed the late decision of Judge Fancher refusing to vacaté the order of arrest against Robert R. Butler. The result is that the latter will have to remain ia Ludlow Stret Jail until his trial, unless he can furnish the $75,000 bail required. Many of the carpets Mrnished by Mr. Ingersoll for the new Court House have, notwithstanding their very great cost to the city, succumbed to time and'war. Matting is now being substituted in their places. This is good deal of a come down, but nothing to the come down in prices. GEITING THE BEST OF THE RING. Where Some of the Court House Money Went To—A Curious and Prolonged Litigation—Diamond Cut Diamond— Where the Woodbine Twineth. In the Spring of 1869 the firm of Heath & Smith, tin manufacturers In this city, found themselves in failing circumstances. Their assets were about $50,000 and liabilities double this amount. To get out of this financial trouble, or rather this era in ruin, Mr. Heath got up a joint stock company, under the name Of the “Heath & Smith Manufacturing Company.’ To thiscompany Heath & Smith trans- ferred their business, They turned over between | ten and twenty thousand dollars of the assets | and then looked out for capital to run the company. They founda the placer they sought in the famous NEW YORK COURT HOUSE RING. Through ingenious misrepresentations as to the value and profits of the business, Mr, Heath had the good luck to take in a large number of those having the credit of taking in the people so success- fully. Messrs. Ingersoll, Woodward, Garvey, Miller and others of their friends caught eagerly at the se, ductive bait. Among them they paid $126,000 in cash for half the stock of the company at par, Heath and Smith reserving for themseives the other half for the property a8 already stated, being really worth from ten to twenty thousand dollars. Aiter this the latter sold to the company this stock of goods for $17,000 in cash. Mr. Heath became general manager of the company, and, in the course of @ couple of years, although ip the meantime borrow- ing some $200,000 of Ingersoll, ran the concern into bankrup' During this time Heath induced In- gersoll to put in $80,000 additional, and the Messrs, Austin, the Filth avenue jewellers, to put in $20,000, and together to form, with him, the jirm of “Ek. A. Heath & Co.” Promises of IMMENSE PROFITS induced to this partnership. The affair finally cul- minated in a sult brought by Mr. Ingersoll and one of the Austins to dissolve this partnersaip on the ee of Heath's alleged raudulent representations, Other suits followed closely on the heels of this, offering lively litigious work for various Courts in Connecticut and this State, the headquarters of the newly formed com- pany being at Portland, Conn. In the course of the litigations in this city, Judge Barrett, of the | Supreme Court, granted an injunction restaining | the partners from acting, and this was continued by Judge Barnard, who in addition appointed a | receiver. In connection with these suits was the arrest of Heath on a CHARGE OF EMBRZ7LEMENT Sullivan vs. Bonner. Francis vs. Lyons. Thain vs. Gilmore. Churchill vs. Conant & Avery. . UNITED STATES, CIRCUIT COURT. A Whiskey Prosecution Olosed=A Fine Paid Into Court. In the United States Cirenit Court the case of the Government vs. Simon Hermon has been scet- tled. The defendant had been indicted for conspir- ing to defraud the government out of the payment of the duty on ten barrels of whiskey, ee | $1, He has paid that amount into court, an this makes an end of the matter. The Assistant District Attorney, General Davies, states he has reason to believe there was no fraud whatever in- tended by Mr. Hermon, UNITED STATES COMMISSIONERS’ COURT. Alleged Violation of the Revenue Law. Before Commissioner Shields. The United States vs. Peter Brebender.—In this case the defendant was held in $500 bail for exami- nation on a charge of having sold liquor and to- bacco at No. 615 East Fourteenth street without paying the special tax required by law. The Case of Mr. Heinrichs. This case, so frequently reported in the Heratp, was to have come on yesterday before Commis- sioner Davenport; but as he was absent, owing to indisposition, the matter went over. Mr. Hein- richs, it will be remembered, has been charged with attempting to fling ont of his house a Deputy Marshal, who, he states, was putting impertinent and illegal questions to him. The facts have been already given in full detail in our columns. SUPREME COU3T—CHAMBERS, Decisions. By Judge Ingraham. ‘Spoiford et al. vs. Huntington et al.—Sherif’s bail taxed, Silchen vs. The Paragon Match Company.—De- fault should be set aside on payment of costs sub- sequent to issue of this motion. iley vs. Armstrong et al.—Motion granted, Martine vs, Lowenstein et al.—Motion denied, Roberts et al. vs. Frederick Faklitsch.—Bail re- duced to $200, Lichtenstein vs. Green.—Motion granted for first Friday in December, with leave to defendant to | move for a commiss on. By Judge Barrett. D. H. Brooke et al. vs. M. J. Kinman et al.—De- cree settled. Scudder et al. va. Corbin.—Counse! must resettle the order if it is correct. By Judge Leonard. George Philippi vs. Gabriel Wolf.—Complaint should be dismissed, COURT OF COMMON PLEAS—SPCCIAL TERM. By Judge Robinson. Champion vs. Josley.—Motion denied. MARINE COURT. A Stolen Watch, Before Judge Spauiding. Joseph G. Josnez vs, Joseph B, Lewis.—The hear- ing in this case occupied the attention of the Court the greater portion of yesterday, The premises of the defendant were burglariously entered and money and jewelry to the amount of $2,000 were stolen therefrom. Among the goods so stolen was @goid repeating watch, which the plaintiff after wards traced to the store of a certain money lender, who is the defendant herein. Thereupon plaintit lodged @ complaint against this de- fendant a8 a receiver of stolen good: by the trustee in bankruptey of the corporat and the indictment of Ingersoll and John D, rington, ¢:.—the full particulars of which have been published—the latter, as alleged, being | through Heath's procurement, The matier came up yesterday in Supreme Court, | Chambers, before Judge Faneber on a motion, in Heath’s behalf, to vacate the injunction and re- | ceivership orders, It-wae argued by Isaiah T. Wil- liams for the motion and in opposition by Elihu Root. The facts above stated appeared in the papers submitted to the court. After hearing the a Judge Fancher at once denied the mo jon. PARTNERSHIP TROUELES. The Clerke-Butler Litigation—Butler to Remain in Ladlow Street Jail—De- cision of the Supreme Court, General Term. A good share of yesterday was occupied in the Supreme Court, General Term, Judges Ingraham, Brady and Leonard on the bench, arguing the ap- peal from the order of Judge Fancher in the Clerke- Butler suit. This story has been so often told that it is unnecessary to repeat it, The charge against Mr. Butler is that in Mr, Clerke's absence—the two carrying On the business of brokers m Broad stree t—he converted about eighty thousand dollars: worth of railway shares and othey securities, Upon this he was arrested, and, in detauit of $75,000 bail, was committed to Ludlow Strect Jail. The claim on his side is that ‘xis was partnership property to which he was entitled. The arrest wasin Se, tember last. Some time since motion was m: before Judge Leonard to vacate the order of rest, but in the midst of the argument the moti (AS Withdrawn, and subsequently renewed before | dge Fancher. The Jatter denied the motion. The | whole facts were given over again yesterday, the | ion 3, whereon he was indicted, but afterwards acquitted. ‘Then this defendant had the plaintiff arrested for faiec imprisonment; but this plaintiff, on examina- tion, was honorably discharged, At once plaintif— brought this suit against defen t for the re- covery of his watch. On the trial plaintiff identified the watch and swore to having had it in his sion for twenty Rp as a souvenir of his late father. On benalf of defendant one named Reizer declared he was the owner of said watch and had been for three years, having received it from his family in Germany, who had owned it for thirty years. Aiter much further testimony on either side the case was submitted to the jury, who brought in a verdict in favor of plaintiff. Hail & Blandy for plaintif; Bryan & Fox for de.endant, COURT OF GENERAL SESSIONS, A Notorious Swindler Sent to the State Prison by the City Juadge—Interesting Case. 1 Before Judge Bedford, There was a Case of more than ordinary interest disposed of yesterday in this Court, the prisoner being George Strauss, who was tried upon an indict- ment for obtaining money by false pretences, The principal witness for the prosecution was Mrs, Christiana Reytust, residing at No, 411 Kast Twenty- fourth strect, She testified that on the dtu of Sep- | tember, about ten o'clock in the marning, wwo men | Cireuit Court for the District of Missouri.—Hedrick | Proseoded to give ‘or ngerity by palin a out to wae Wot a beggar and Ray tory * 31 Seraie ey ated reeetkatan sh could ecto Teoh favor, *$ want anything from et fa, dare A city mad ae out of the Cusi stated he loaned him ‘he would give him twenty yards of. aik, twenty yards of cloth and $20 in money. Teh? monhuactaroe TURE Re mugDY gee his LODdE “rien” ufactur at he out of the Guatony 0 ‘oe back the ly House and no! money, and innocemiy inured not give him other ge ive ‘the that 4 if Strauss could or proposed loan? Straugs” responded he bad two Id nseqnence mornings The’. “bors aq bis fears and ity to produce the watches, which were in alittle box, ‘The gentleman glanced hastily at the watches, and the ‘‘boss,” in a confidential tone of voice, remarked to tho “bookkeeper” that they were worth $800; and tarning to Strauss said, ‘1 will give you $350 in cash right @ ay Ot them. Strauss gave vent to a profane ejaculation, which. it 1s umneceasary to TEPER ae that he could’ not sell those watches for $1,000, because they ‘Were a present t from Germany, and he was ‘on his way to California with the gi This inter- view took p! in the ice and hearing of Mra. it the story of the “greenhorn” “hogs'" turned to boss’ r and tnguired RP anbee with rr ie her that it was “all right,"’ that the bookkeeper would go down with her, and that she would got her money baek in the afternoon. She acceded to the reqnest, and the prisoner and bookkecper accom- anied her to the bank and got the ha Strauss leaving the box of watches with her as additional security. It was notiong after they left hor when the shrewd and Sympathiatny ‘Teutonic female “knew how it was herself,” and that Strauss was not so much of a greenhorn after all, Finding that she was swindled Mrs. Rey/ust went to the Central Office and told how she was swindled. Two detec- tives were P go on Strauss’ track, and a couple of weeks afterwards he'was arrested, having suc- ceeded in swindling 9 dozen women in a similar Mr. Fellows proved by a jeweller that the watches Were brass, and that the trade price of tiem was $60 a dozen, Mr. Kintzing produced no evidence for the de- fence, relying entirely upon 8 question of law, which was overruled by the Judge. ‘The jury rendered a verdist of guilty, and Judge Bedtord imposed the severest penalty of the law allowed, which was imprisonment in the State Prison for three years. Grand Larcenies, Ann McCormick, charged with stealing a plece of cloth valued at $37, on the 19th of September, the property of Sackett & Williams, pleaded guilty to petty larceny and was sent to the Penitentiary for ‘six months. William Fremont, a boy, pleaded guilty to steal- ing $200 in money from Thomas Armstrong, on the ad of September, and was sent to the School Ship. Acquittala. John McGovern, a respectable looking young man, was tried upon a charge of felonious assault. The complainant, John Lynch, testified that on the evening of the 27th of June, while standing close to his own door, four or five young fellows were near by, and soon after one of them made some con- temptuous remark about the Hibernian Socicty. During the difficulty Lynch was stabbed five times | an the back witha small pocket knife. He could hot swear that the acvused stabbed him, Mr. Hum- mel called two witnesses, named Shelly and Clark, who were sent to the Penitentiary for assaulting Lynch, both of whom testified that McGovern had no knife, Witnesses proved that the prisoner's reputation was good, which resulted in his prompt ety yhael McCue was tried upon a charge of steal- ing $87 from Mrs, Sullivan, on the 18th of Septem- ber, at her house in Water street, and was acquit- te es Brown was also pronounced not guilty of stealing half a chest of tea on the 7th of October, the property of Farrington & Co., he having satis- fled the jury that a man hired him to carry away the property. Charles Moor@was arrested on the complaint of Louis Levy, who alleged that while Hialbg on a Bleecker street car on the 14th of September tho risener put his hand in his vest pocket and stole 32 76 from him. The evidence failed to soppert. the indictment and the jury rendered a verdict of not guilty without leaving their seats. A New Trial Ordered Upon a Conviction for Rape. Mr. William F. Kintzing called the attention of the Conrt to the fact that the General Term of the Supreme Court had granted William Marxn new trial, he having been convicted of rape inthe General Sessions on the 18th of January last, and sentenced to the State Prison for twenty years. He moved that his client be bailed in the sum of $1,000. His Honor grawted the motion, On motion of Mr. Bummell Rubusliqno Felins, | charged with an attempt at rape, was discharged, Assistant District Attorney Fellows having in- formed the Court that the prosecuting witness could not be found, UNITED STATES. SUPREME COURT. A Suit to Eject a Landlord After Hold- | ing Land in Missouri Since 1838—The | Distillery Question Again Brought Forward—Are Distilleries Liable To Be Taxed to Eighty Per Cent of Their Producing Capacity, and Are Distillers’ Suretics Liable on the Bonds for Default in Payment of Warehouse Charges? the rei WASHINGTON, Noy. 8, 1872. No, 206. Hedrick vs. Hughes.—Error to the brought an action of ejectment against Hughes to recover possession of a quarter section of land in Howard county, Missouri. The suit was com- menced in 1870, the plaintiff claiming title under the act of Congress of July, 1862, donating public lands to the several States dnd Territories “which | pin 6 provide colleges for the benefit of agriculture and the mechanical arts, certain of the lands thug donated having been located in conflict with Hughes’ title. je defence was based upon a patent from the United States, dated in 1823, and subse- juent transfers to different parties, and finally to is ef who had been in possession since 1839 and had improved the premises and increased their value to $10,000, The judgment was for the defend- | ant, the Court holding that his long and undis- | turbed possession, without regard to the otber facts in the case, was a bar to the suit. It is here | contended that the only question is one of priority of title, and that the possession is no bar. Blair roy oe for plaintiff in error; T. T. Gautt for de- sendant. j tue world. The go’ rg re. mi Hin | gee, to promote rank, tho answi admit of doubt, and ia such 5 clmaretipe ry cers, which ia apparel brevet, wien, fa we er ee of would have used slap aier .” O, H. Hil for govyermment and . D, Puller for claimant, ART MATTERS. Mr. Freeman's Pictares. s Americans who have visited Rome at any time within the last thirty years will not need to be re- minded of an artist whose’ works are marked by an origmality afid poetry of sentiment too often wanting in modern works, At» time when art may fairly be said to have becn in ite infancy Mr, Freeman left his native counsry im pursuit of that art education it was impossible to obtain in hig oOwnland., Like most American paimtora who have sought to express their thought im ideal subjects, when Caen sd oe cy Mr. Freeman has been noticeably affected by the sohool in which he has studied, and. yet preserved, something of his mative individuality, whioh distin- guishes his work from that of the achool to whioh he belongs. The works he has brought back from Italy bear the impress of the land where they were. painted, the “Recording Angel.” Though the suggestion is ‘This is particularly trae: of works like from the well known lines in “Tristram Shandy,’ the work has more of TUK GLORIFIRD CHARACTER of Italian religious patating. We think that this is an advantage, a8 somehow it is more im keeping with our ideas of the celestial world. A little genre picture, entitled “La Camtota Bossa," tells the story ofan Italian girl preparing the red shirt of her Garibaldian lover. The work is full of quiet senti- ment, and altogether free from that exaggeration by which artista often valgarize subjects of this nature. The sentiment of the picture 1s true, for even enthusiastic female patriots must send their lovers to battle with feelings of misgiving. It is in his color subjects that the influence of Italy on Mr. Freeman is most clearly perceived, Two of the most important works in the atudio are in black and white, and evidence great delicacy of feeling, as well as considerable powers of composition. One of thoge is the half figure of @ young girl bathed in tears, It is called “The Last Look.’’ The head is turned to the right, the eyes cast. down taking a last glance of the inanimate form of some loved friend. The subject is a touching one and well calculated to excite our sympathy. The sweet face of the girl bathed in teard and the ex- pression of UTTER DESOLATION are painted with a simplicity and directness which touch the heart, It is impossible to regard. | this work without being moved. ‘The Death of the Model,” also in black and white, is amore preten- tious picture. Death has struck down the model, and the priest is by his bedside ministering the last rights of religion, while the family in tears are gathered round, The incident is com- mon enough in Catholic countries; but the artist has seized on the dramatic situation, and treated it 30 suecessfally that we see only the poetry ana sentiment of the scene. This Is the best tribute we can pay to the work. It removes the ordinary association of the Incident and makes us feel its full dramatic force, independent of all other thoughts. There are a number of other paintings, afl we may be able to notice on another occa- sion. Several groups of statuettes of children, exe- cuted in marble by Madame Freeman, are also wor- thy of attention. They ee Genel intimate sym- pathy with child nature which every true woman. possesses, but which it is given to so few artista of either sex to express adequately in marble. It is, we believe, the intention of Mr. Freeman to occupy his present studio at 688 Broadway during his stay in America, which will not be long, as he desires to return to Rome, where he has passed so many of the best years of his life. Exhibition at the Somerville Gallery. This gallery opens for the first tlme this season with a large collection of pictures, which will be sold by auction on the 14th of November. There is @ large representation of native and foreign | artists, whose names are familiar to those in- terested in art. Among the most prominent are Carl Hitbner, Verlet, Lambinet, Bierstadt, Gignonys Sontag, Shattuck, Tait, William Har . De age ‘The works will remain. on exhibition free to thd public until the morning of the sale, and we are told that the whole will be sold without reser- vation. Last night there was a private view and ; to-day the exhibition will be open to the public, The Derby-Everard Collection. One of the most important exhibitions of paint- ngs ever held in America is in course of prepara- tion at the Academy of Design. For some weeks past the hanging of pictures has proceeded, and were it not for the delay caused by the Custom House regulations the works would now be on pub- lic view. The walls of the Academy are literally laden down with pictures drawn from all parts of Never before was such an assemblage of art works witnessed on this Continent. The col- lection is as valuabie as it is numerous, no inferior works having been admitted. The venture is a large one, and almost takes away the breath. Whether or not the public are prepared to absorb so much “art matter” is @ question to be decided by the event. It is calculated that five nights will have to be devoted to the sale of this gigantic col- lection. Whatever may be the result, so far as Messrs. Derby and Everard are concerned, the pub- lic, Who do not buy but simply enjoy, have in store a delightful treat, and for once it will be a reat pleasure to visit our Academy of Design. Art Gossip. Arthar Lumley is deeply engaged illustrating. His last contributions to art have been the draw- ings in Eii Perkins’ “Saratoga.” In order to dis- play the versatility of his genius he is now at work on a religious subject in black and white, which promises to make an effective picture. Two little j Water color sketches, which the artist calls “Gath- No, 218. Brown vs. Jolly, Cashier—Error to the | Supreme Court of the District of Volumbia.—This was an action on promissory notes executed by Brown and endorsed by the payees to Jolly, | cashier of the Richland National Bank of Onio, Two Of the notes were discounted by the bank and | held by it, and the other was there deposited for it collection, belonging to the payee. Upon these | facts the Court instructed “the jury that Jolly, who sued jor the bank abd for | the other payee, was entitled to recover, The verdict was in accordance witi the in structions, and it is here contended on behalf of the plaintiffin error that the endorsee of a | | note, not being the actual owner of the fund, ean- not maintain suit in his own name, and hence th. Joliy could not recover upon the notes in question, ‘The detendant inerror submits that the question involved is well settled adversely to the plaintiff in error, and that this writ of error is presented | solely for delay, ond insists that the Court should | impose the penaity prescribed in such cases—dam- ages. J. Ashton and N, Wilsou for plainti® in error; F. P. Stanton and T. W. Bartley for de- fendant. Nos. 219 and 220, United States vs, Singer and others and Same vs, Van Buskirk—Error to the Circuit Court for the District of Itinois.—These are actions on distillers’ bonds, similar to United States vs. Powell, recently argued and reported, aud the questions are:—First, are distillers liable to be taxed for a quantity of spirits equai to eighty ir cent of the producing capacity of their disti!- jeries, Whether the amount actually manufactured | ae that quantity or mie bd second, are dis- | tillers and theie sureties iiable on their bonds for default in payment of warchouse storekeepers’ wages before the execution of the bond upon which the Syremmant sues? The Court below de- cided these questious for the defendants in error, and the government appeals, maintaining that the tax on manufactures is laid ina just manner—the same as upon billiard saloon keepers, in accordance with the number of tables they keep, and upon hotel-keepers, upon tle amount of rent, &c., they pay, without regard to (heir actual business, and that the wet is specific in that respect nd that the language of the joint resolutien of rch, 1869, makes it clear that the sureties are lable, ag claimed, for dues ower prior to the execution of the bonds. C, H, Hill for the government; b. Roby came and inquired for her husband, one stating that he was ‘the boss"? and that the other was his bookkeeper; they said they wanted him to fx the roof of a house in Fourth avenue; while she | was conversing with the ‘gentleman’ Strauss knocked at the door and inqnired if Mr. | Wagner lived there; Mrs. Reyfust replied that no man of that name lived on the block. Strauss sat | down, and appeared to be very much agitated and | distressed, exclaiming, “Oh, I have lost my money! 1 sold over $200 worth of goods at Castte Garden to Wagner!" who told him that he lived in that street, and Monroe & Bisbee for defendants, No, 221. United States vs. Hunt—Appeal from the Court of Claims,—The question in this case is whether a brigadier general of volunteers is en- titled to commutation pay under the third section of the act of March 8, 1865, which gave an increase from thirty to ity cents per ration, expressly providing | that the increase should not apply to oMicers above the rank of brevet brigadier general, The defend- | The entlemen” (who were omplices) in- apers on both sides being very voluminous. After fioaring the argument the Court at once affirmed e Wi terposed the remark that be should not have gold | ant here was a brigadier general, and sought to obtain the increased commutation. fue Pav Ve- | ering Daisies’ and “Crackling Nuts,” are very meritorious, Uniortunately this class of art is not suMicientiy appreciated in America, but it will no doubt grow in popular estimation, as it has done in Europe. Chapin has been at work on a scene in the Cat- skills for some time, and is now giving it the fnish- ing touches, It represcnis an October day, the sky obscured by a passing shower. Wesee the purple hills in the distance through the haze. The composition is strong aud the management of the light and shade effective. There is more of mys- tery and suggestiveness than we usually find in American landscapes. O'Shannassy has returned from his annual _pil- grimage to Plymouth Rock in the best of heaith and spirits, although he assures his friends that the spot is remarkably sober. If we can trust O’Sh: nassy the Puritans are not half as bad as they are painted by the artists in ink. Our ideas about dull sermons and long faces O’Shannassy declares to be all a mistake. He has brought back quite a large portfolio of interesting ske! 8. Oregon Wil- The well known portrait painter, son, has just received from New Orleang a mas- sive gold medal, beautifully engraved, ana on which is inseribed the following:—‘Awarded to Oregon Wilson for the best historical picture painted by an American artist—‘Woman’s Devotion’—Mechanics’ and Agricultural Fair Association of Louisiana.” LITERARY CHIT-CHAT. + Proresson THOMPSON B. Maury, of the United States Signal Service, has contributed a paper on the ‘Origin of the Great Cyclones’ to the October number of the Quarterly Journal af Selenos, which is worthy of a general perusal. No Amertéan sct- entist has so thoroughly studied the law of storms as Professor Maury, and his opinions on tle subject ave especially valuable. “THE Best THOUGHTS OF CHARLES DICKENS,” by | F, G. De Fontaine, and published by E. J. Hale & Son, is a cyclopedia of the many salient featares of the great novelist’s works, alphabetically arranged for easy reterence. When completed, as it will be December 1, the work will comprise 700 pages, in fouble columns, with an Index covering 14,000 sub- Jects. A Davonrer of the Rey. Charles Kingsley has | been making an extensive journey through the | United States, North, South, Bast and West, and is preparing a work relating her travels and ob- | servattons, JuLtan Hawruorne’s novel is now completed and will shortly appear. Its title is “Bressant,” the segue being jaid iy New England, The Newest | ure at the | cency and respectability. | he had met no woman at the Academy that night The Examination of tho Charge of Comedy of Crimo---One of the Acts in Progress at the Jofferson Market Oourt, Before Judge Fowler. The Agonized, Attempts “of Criminal Lawyer to Wring Moro Filth Ont of an Already Filthy Scandal. A NOBLE REBUKE. Tho History of, te Bosial Connection of the Com- plainant with the Claflin Sistere—What’s in |, @ Notet—“Dear ‘Tennie’s’”: Blackanail- ing Endeavors Fully. Exposed. In the room of the Third Judicial Court at Jemor- gon Market the examination of the case of Colonel James H. Blood, charged with complicity in the alleged fibel published against Mr. Luther 0. Challis, in Woodhull @ Clafin's Weekly, was yester- day begun beiore Judge Fowler, it having been adjourned om Thursday without any- thing being done on account of the absence of two of the principal witnesses, the sisters, Victoria and Tennié, Tho crowd was much greater than on the previous day, and was ofa more motley description. Several women, whose faces were marked by BRAZEN AND MORBID OUBIOSITY, were standing in the midst of the multitude of men, crushed into very untady-like and uncomfortable positions, but enduring ail that which to others of their sex might have been disagreeable in the evident desire of drinking in whatever of a Scandalous nature might occur in the proceedings that were about to take Place. Looking through the audience, one of its most moticeable characteristics was the num- ber of masculine creatures whose faces bore an insipid expression of weakness of intellect, but atrehgth of passion, and whose perfumed and greased locks were parted carefully in the middle. ‘There were also a great many very eccentric vis. ages, bearing the signs of THE PROULIAR LUNAOY that guides the doubtiul fortunes of the ism of free love. Youths with pimpled faces, and wearing glaring and flashy neckties, with rather threadbare coats, formed by no means the least component of the throng. Assistant District Attorney Sullivan sat within the railing of the jury box, at the left of the Judge. Beside him was Mr. Henry E: Knox, the complainant’s counsel. It was with great difficulty that, at avout two o'clock, the ladies, who form the central figures in this new social comedy, were conducted through the crowd to the seats that were appointed for them imme- diately in front of the bench. They both seemed very much flurried, whether from the struggle with which their entry was effected or with the excite- ment which they must have felt regarding the effect that the examination would have upon the fate of their dear old protégé, Colonel Blood. Shortly aiterwards he himself was PULLED THROUGH THE MASS OF SPECTATORS and took a seat between the two fair prisoners, who leaned over him and whispered something in each of his ears. He fondled his drooping mus. tache and silken Dundrearys with apparent nervousness and answered in a low tone. There ‘was meanwhile a great buzz and confusion ip the court room, and tke leading counsel for the defence arose and sald :— “Mr, Sullivan, the prisoner is present.” THE LEADING COUNSEL, FOR THE DEFENCE was dressed in a bright green waistcoat, a short purple jacket and a pair of dark pantaloons, striped with green. Mr. District Attorney Sullivan thereupon irose and called the FIRST WITNESS FOR THE PROSECUTION, Mr. Luther ©. Challis, who mounted to the witness chair, at the left of the Judge, and was sworn, He looked at the complaint and saia that the signature was his and that every word of it was true, He was then examined by Mr. Howe and testified that he resided at the Hoffman House, where he had been living for about eight years, ex- cepting short Intervals of time which he had spent in Kansas; he was not and had never been mar- ried; his occupation was that of a gen- tleman; he was living on his money, but had formerly been a merchant and broker; he had first become acquainted with Miss Tennie ©. Clafin at a French ball last Winter, in the Academy of Music, New York city, at about ten o’clock at night; he was introduced to her by Mr. James E. Maxwell, a broker, who had been in busi- ness on Wall street; he was then in full dress, At this moment of the examination the aged father of Miss Claflin entered the area in front of the bench. There were then present almost ALL THE MEMBERS OF THE FAMILY, including the daugiiter of Colonel Blood and Mrs. Miles. Laura Cuppy Smith, of Worcester, Mass., about the same time took her seat beside Mrs. Woodhull, with whom she communed in low tones of confidence. The examination proceeded. Mr. Maxwell had brought Miss Claflin on the evening in question to the box which he occupied in the Academy, and where he was sitting alone and unaccompanied by any other ladies. Mr, Howe was very inquisitive about the women whom the witness met AT THE BALL, and the latter answered that he met on the floor of the ballroom also several ladies whom he had seen before but did not know. He had met them inthe streets of New York and thonght he had spoken to them betore, The leading counsel for the defence jerked down the iront of his green plush vest, so as to straighten the wrinkles init, and asked, with emphasis :— “Had you ever met any of them in Twenty-sixth street Witness (emphatically) —No, sir. “In Twenty-seventh etreet +" | enth street ?* “In street ?? “No, sir.”” The leading counsel for the defence seemed “phirtieth or ‘Thirty-Arst or Thirty-fourth | somewhat discomiited, but pulled at his green | plush vest again and said:— . “Had you ever been in any of the houses in those streets 1” “No, sir.” THE WITNESS LOOKED DOWN FROM HIS HRIGHT on the Ug with a calm expression of displeas- mputation entertained in the questions sked him. Mr. Howe, however, put another of a til more insulting Caaracter, and ic was promptly | ruled out upon the objection of Mr. Assistant Dis- | trict Attorney Sullivan, who said :— A MANLY PROTEST, Ido not intend to conduct the case for the peo- ple in any strictly technical way, except to get at fatr favts, I submit that this line of examination | is by uo means necessary. J don't see what is its | bearing. Our true ovject is to get at the truth ofthe specific libel mentioned in thecompiaint. The mdi- cations of the exal aie ag ered in making a | general objection to its method and in asking Your Honor to interpose and to restrict it to mat- | ters alone relative to this charge. ‘Chis course will | be unpleasant enough to common feelings of de- | Mr. Howe read the complaint again and argued ; that it was perfectly competent for him to show Where the witness was introduced to the younggiris | referred to; who they were; that they came home with him and were introduced to Miss Clatin; that he should show the reasons that she should | brand him as th cer of tender innocence, to bar him from ectable society. Judge Fowier—You are to go on and prove the facta Of the alleged tibel. THE VRENCA BALL AGAIN. Mr. Chailis, on bemg further examined, said that whom he knew other than those he hai seen casa- aes Broadway and did not know, and whom he did not remember ever to liaye spoken to, Mr. Howe then continued :. “Did you know any ladies who lived tn Paltl- more #”? “Tnever did, sir’? In the middie of the Court room A DISTURBANCE | at this moment occurred in the crowd, which re- sulted from the eagerness of one gentieman to | press nearer to the fair prisoners than snited his neighvors. There were eres of “Put him out!” and the Judge was compelled to order silence be- fore the trouble sabsid Mr. Challis then testified that after he was intro- TA ta A Be 4 GENTLEMAN PROM THE OIT, REGIONS; he had ne ; they dressed {i theateteal oat, Det 8] oxiris, and, he thought, low-necked dress ;, there waniny coultg ‘the dresses, but. tie mecks qgere pot Ss sig id Tow; lie waa poi tire that® Btroduce y him of the Academ: ont Rtote nea id the vox and spoke to him; he did not speak to them frst; andi he was not; he wore no mi during the whole evening; a firsts ae het a een, oa not tidal 3 sua . - wel not after ams did pot Fomenber remOvitt thetr ine ee thetr {pcos when inthe box; nor did he see any one else remove thom; he did net know whether they were revioved by ¥ Bes WiSWBLE AGEN pian 7 or not; he aw thelr facés in the box, but dit not come tb very close contact with them; be did not kiss efthor ong of them; wine was ordered oy’? gome one, but he could not swear by whom; they enly had one botilo among. Jive peraana, id nok remain in the box very loug; tho girls did not tell him where they, lived iaNew York; they gave Rim nettier ” card” nor ress 5 * he haa an impression that they had asked bie oall and see theny, bat did not know where; seen one of them only after that evening; he did not know her name; he had-calledthem by their —_ ‘gare the ‘Aoademy, Dae ba, foresee wom; he 1d” nob enoeante Demme ) that they both were blondes; one of them he aince met on Broadway;” " 2" by Whethor she ech ier ir, bat new not go anywhere with her; i¢ was m Thirty- fourth street; he did not knoW that. it there, and did not sec. her. go into any of, MY tnasiateoues id geen her on se' since’ on Broadway and had spoken to her some- times, but not always; he presumedthat she knew that he lived at tue Homan Housg, but, she never on him, ‘The witness did not know any woman by the name of 5 Hl MOLLY whe kept a disreputable house, Mr. Mowe them asked him another indecent question, whercupom Mr. Sullivan said, in mauncr which created very pramnet impression from its diguity and calm- “T object. Im the name of the decency of judictat proceedings, 1, hold that witnesses are to be pre. tected from @ style of questioning the result of which is to keep decent men from tie courts."’ question was excluded. © examination being continued Challis testified that he had never seen Miss before the French ball; never before the 27th of Febru: Thirty-eiguth street, bot nobuned being olten reas y-e! street, but olten: ingly invited to gait upon , 5 iE MADE NO BO) to her of the kind charged him fh the libel; he had never been on terms of very great inti- macy with her; he was in her office only once and in her residence only five or six times; he had seon her, but had never spoken to her, on the street; she sometimes used to come to Mr. Max- well’s office, No. 11 Broad street and afterwards No. 26 New street, where he saw her when there on business with Mr. Maxwell, Mr, Bb wasaaee you on terms of familiarity with ‘itness—What do you mean by that ? ‘ Judge Fowler—Do you mean confidential in. timacy ? Mr, Trowe—on I mean that, of course, because my client, Miss Clann, would spurp, any other con- struction of the expression. A anes ran ‘pd the court room ‘that waa suppri Pair, Howenbid you ever accost her as “Dear > Witness—I did not; I wrote her a note on one occasion ; the galt. one lever wrote to her; it was on Washington’s Birthday, the 224 of February; how I addressed her Ido not know. “DRAR TENNIE.” ‘The note, was shown to Mr. Challis and he identh fled the signs ure as hisown. The reading of ite contents Objected' to, however, by the Assist ant District Attorney, and here arose a scene im which the powers of strategy of the: le: counsel for ti 8 defence were tested, and m withstanding the splendor of his green plush veat it ally: ed of’ triumph. | Jud; ler de- far i 8 i aietnee a clined to ‘yiela it to lence, and as lawyer Howe de His. Honor yr as forbidden to “read it. then attempted to smuggle it into by incorporating: it very cleverly in @ question which. he put to the prisoner, but was stopped by the thunders of the val which the magistrate wielded with unmistal vigor. He at le handed the missive with au meekness to His Honor, who, in THE MAGNANIMITY OF CONQUEST, admitted it tobe read. The contents of the note are very brief and relate’ wholly to Misa Clafiin’s lecture which had then been recently delivered in the Academy of Music, congrata- lating her upon its success. Init he addressed her as: “Dear Tennie.” Mr. Challis repeated the acknowle: mt that it a written by bin. then: cont d, in answer fo & question, that did not remember a transaction in wiich a box at the Academy was engaged for $200 by him from Miss Claflin, He had attended her lecture, havit been invited by Mr. Maxwell, to whom Tennie sent tickets, to go and occupy a box. There had been no dispute about $200 ior a box. She wrote to him BEFORE THE LECTUR! hoping that he could contribute $200 towards her success, and called on hima few days after and asked him for the $200, He then told her that he ‘would not give it to her and she went away. A few days afterward he had received the proof of the libel that had since been published against him. He had had a dispute with her about the expenses of the theatre, but not about the box; James Maxwell had taken him there, saying that she had donated it to him; he never spoke to her after he got the proof of” the libel; he made the Co of his own volition, and had never spoken to Mr. Beecher about it. On the crogs-examination by Mr. Sullivan the correctness of the drawing up of the complaint Was substantiated. MR, SMITH, THE PRINTER, was then examined, and testified to having re- ceived visits of business from Colonel Blood in rela- tion to Woodhull é C! ys. but it was nos established that he acted as prin pal, His book- keeper, John (C. Williams, testified that he had re. cetved $50 in perme for the work done on the issue containing the libel from Miss Claflin in per- 800 on the 30th of Octobe! MR. DE NYSE, THE STEREOTYPER, was next on the stand, and his testimony was un- important. He was followed by his son, James De Nyse. He saw the stereotyped plates ot the libelous issue and read the heading, which was “Woodhull & Claflin’s erate Mr. John Wood, of No. 113 Nassau hg ajoo printer, was the last witness of the day. He haa set the type on Woodhull & Claftin’s War bona the latter part of the week of the 3ist of October; He delivered the forms, after they were made w to Mr. Smith; the “copy,” or manuscript, i been sent from the office of Woodhull & Claikn bya boy, but the alleged libelous portion was already in @ printed slip when it came to him; he had known Blood well for about three years; he was in his of- fice to see about the type when the paper went ta press (two weeks Thursday) ; he cag identified the copy of the paper ag ey ences Wy libel as one of thoge which he had set intype; 00d Wag shore when the paper went to press ta arran; é Manuscript; the witness remembered that there was AN ARTICLE RELATING TO CHALLIS; either Colonel Blood or Miss Ciafin, he did not te member which, gave the specific orders to send the paper to press; but if one gave them it was in the Lily nce bis the other, ie ‘ his witness be’ ismissed Mr. Sullivan asked for an salodenhent wat Howa to proceed, who was wished for the examination as Miss = Saura gappy Smith present to testify, desired to return to Wo 48 soon as possible. Judge Fowler acc fixed her examination at half-past nine o'clock morning, and that of the remaining witnesses one o'clock in the afternoon. Miss Claflin, Mrs, Woodhull and Colonel Blood were siffrounded by numerous friends when they ae Court, among whom was ‘ge ‘rain. AMERICAN BIBLE SOCIETY, The stated meeting of the Board of Managers was held at the Bible House, Asvor place, on Thursday, the 7th inst., at half-past three o'clock P. M. Norman White, Vice President, in the chair, assisted by Frederick §. Winston, A. Robertson Walsh, and Richard P. Buck, Vice Presidents, The decease of two of the Vice Presidents of tha Society, James Suydam and Marshall 8. Bidwell, since the last meeting, was announced, whereom the Rev. Edward W. Gilman read the fourth chap- ter of the Second Epistle to Timotay, and offered prayer. Three new auxiliaries wera recognized, one in each of the States of North Carolina, Alabama and Texas. Com- Maunications were received from Rev. Joho Beveridge, Monterey, stating the resumption of Bible work in that region, which had been stopped Br the political disturbances; from Mr. Andrew Ms line, Montevideo, showing good progress in Bible. distribution in his field; from kev, George F, Fitch, Shanghae, with Bible distribution in China; Dr. Guiick, Barcelona, in regard to Bible work in Spain. Granta of books were made to the American Seamens’ Frien(’s Society; to Hampton Normal Institute, Va.; to Bonedicy Institute, Golam! 8. C.; to the Evangelical Association at Oleve= land, Ohio; to the Presbyterian Board of Missions books in the Muskogee or Creek language, and to the same books in English and German for Japan; to the American Board of Commissioners, for Spain. A grant of $1,000 in books was mada to the Southwestern Bivle Soviety, New Orleans, for their gratuitous work, aud numerous others to fecblo auxiliaries or to individuals in various languages, The entire number of volumes granted is 9,038, Including thirteen volumes in raised let. ters for the blind. Besides these, others to the amount of $1,900 were granted for the domesti¢ fleld, and $2,200 for work in forei countries, Amemorial paper was adopted in regard to Mr. duced to Miss Clatia qaere she was {nm the box James Suydam, and a committee was appointed tq prepare a suitable testi Brad's Blane stimonial in regard to Ma ed