The New York Herald Newspaper, November 10, 1872, Page 10

NEW YORK “THE COURTS. The Jumel Will Case Again in Court. An Affidavit---A Special Jury To Be Empanelled---Deci- sion Reserved. THE ROSE M’CABE LUNACY CASE. Testimony of the Sister and the Attend- ing Physician—Important Facts Elicited—Case Still On, Comptroller Green Charged with Contempt. He Requires Appropriations to Pay--Impor- tant to City Creditors---The Matter Under Judicial Advisement. BUSINESS IN THE OTHER COURTS. Proceedings in Bankruptcy—Alleged Violation of the Revenue Law—Charge of Murder on the High Seas—Important Decision in Bankruptcy—Decisions. Yesterday a motion was made in the United States Circuit Court, before Judges Shipman and Benedict, on the part of the defendant in the case of George W. Bowen vs, Nelson, otherwise known as the branch of the Jumel will case, to strike a special jury to try the cause. After some discus- sion @ counsel on both sides agreed to have the jury specially struck at a period as near the com- mencement of the trial as possible, and the Court reserved its decision as to whether the jury should be selected from the Clerk’s list, or from a list to be newly empanelled. Another hearing was had yesterday before Juage Bedgwick, of the Superior Court, in the Rose McCabe lunacy case. Two additional witnesses ‘were examined—a sister of Miss McCabe and the physician-in-chief at the Blackwell’s Island Lu- Batic Asylum. Some of the testimony, as will be Been by the report below, was both interesting and important, and particularly that of the Doctor, as showing the method pursued at his institution in judying the mental idiosyncrasies of patients with @ view to arriving at a conclusion as to their Condition of mind. Application was made yesterday before Judge Fancher, holding Supreme Court, Chambers, for the commitment to prison of Comptroller Green for contempt of court in failing to comply with one of its orders, This order was in the form of a peremp- tory Mandamus previously granted directing pay- ment of arrearages of salary claimed to be due to one of the messengers of the Board of Supervisors, After quite an argument in the matter the Court ‘Wok the papers, reserving his decision. THE JUMEL WILL CASE. ae Whe Case of Bowen vs. Chase—An Affi- davit Pres;mted—A Special Jury to be Empanctied. Yesterday Judges Shipman and Benedict sat in the United States Circuit Court to hear a motion, on the part of the defendant in the case of George Washington Bowen vs. Nelson Chase, to sweara Bpecial jury to try the cause, Mr. O’Conor and Mr. Carter appeared as counsel for defendant, and General Chatfleld and Mr. Shaffer for the plaintim, AN AFFIDAVIT IN THE CASE. A very long affidavit has been filed by Mr. Gideon J. Tucker, the attorney of the plaintitf, who goes ever many of the statements waich have been al- ready made in this cause and with which the pub- lic are familiar, owing to the frequency with which the matter has been reported in the State and fed- eral Courts. Mr. Tucker expresses his belief that the plaintiff, George Washington Bowen, is the son and the only child of Eliza Bowen Jumel, and is her sole heir and next of kin, and as such is entitled to inherit the property of Hdadame Jumel, now in the possession of the de- fendant, Mr. Chase. He goes into several other particulars, and coming down to the question whether there shall be a struck jury or not says that the material objection to aspecial or “struck” jury is that the identical panei 01 twenty-four men, out of which twelve jurymen will have to be drawn, will be known and designated a consider- able time before the commencement of the trial, and that the defendant, through unscrupulous per- sons, would not scruple to tamper with the panel and defeat the obiect of having a special jury. Mr. O'Conor, on the part of the defendant, utterly Tepudiated the idea that anything of the nature Stated in the affidavit of the plaintif’s attorney ‘would be done by the defendant in regard to the jury. Allthe defendant wanted was a fair, open, jonest tral before an impartially selected jury. Counsel further stated the law on the subject, and Said that, as the statements had been made on affi- @avit by Mr. Tucker that he believed corrupt at- tempts would be made by the defendant to infu- ence the jury, it was the desire of the defendant to have such a jury struck as would honestly and im- partially try the case, General Chatfleld, on the part of the plaintiff, said there was little difference bevween himself and Mr. O’Conor as to the propriety of having a special jury, Provided it would be selected at a time as near as Possible to the day set down for the trial. Mr. O’Conor agreed to this suggestion, The Court reserved its decision for a few days Bpon the point whether they will order the jury to be selected from the Clerk's list of jurors or from a new list specially empanelied, THE ROSE M’CABE LUNACY CASE. Continuation ot the Examination as to Her Sanity—A Sister who Supports Her and Yet Whom She Calls Her Greatest Enemy—Diagnosis of the Case by the Physician in Chief of Blackwell's ‘Island Lanatic Asylum, The examination as to the sanity of the alleged lunatic nun Sister Mary of Stanislaus, otherwise known as Rose McCabe, was continued yesterday before Judge Ledgwick, of the Superior Court. As heretofore during the progress of this examina- tion there was a large crowd in attendance, fully one-half of whom were ladies, Miss McCabe, dressed as usual in te habilimeats of her order pecupied a seat by the side of Jobn D. Townsend, her counsel, Mr. Aaron Vanderpoel appeared as opposing counsel. STORY OF ROSE M’CABE’S SISTER, ‘The first witness called was Bridget McCabe, a sister of Rose McCabe. She testified that she was ® dressmaker and milliner, and earned $10 a week ; she had only one brother, a cartman, wibh- out means, Q. Did you send your sister Rose to the lunatic asylum? A. No, sir. Q. Have you contributed towards her support? A. Ihave; I refused to give her mopey, because she would not use it properly; she would either give it away or buy foolish things; whem in Auburn Rose wrote to her thatshe was in debt for fur- aiture; she paid for her homse there $260 rent; when she came to New York she (witness) engaged some rooms and fitted them op in Thirty-fifth street, buying a stove, cooking atensils and other articles; she would not take the stove without pipe; she was takeh sick and spoke of Dr. Mahon as one who would look out for her, and threatened if she did not treat her well some one would take up her case for her; she (witness) told the Doctor to treat her and she (witness) would pay him; the Doctor told her afterwards that Rose was STRAY IN NER MIND; Dr, Lynch also called and she (witness) paid bim; she charged witness with being in a conspiracy to send hay to the Jupatic Asylum, she said the } priests had killed Dr. Lynch; she had @ large bag of paper which she carted everywhere, Q When did you first hear her speak of her charge against Father McAleer? A. Not until she ‘was on Blackwell’s Island; she sald she could not remain at St. John’s because they persecuted her, and that the Bishop gave her permission to leave; she went back, and. she said a! got in by the por- ter’s opening the door, but that alterwards a po- liceman was sent for and she was put out by force; from here she went to Baltimore and thence to Newark, where she remained some two months taching, when she left, saying that they worked her too hard and gave her insutticient food; another Sister aided her in getting a school in Thirtieth street, where she did very well. Q Did you consult with amy one about sendin; ner to the lunatic asylum? A. No, sir; Dr. Brad- ford advised that she be sent there; nothing was said to Father McAleer on the subject; she (witness) paid $6 a week for her support at the Bloomingdale Asylum; she said she could not sleep; she spoke ir as being HER GREATEST ENEMY}; she also spoke of Dr. Mahon trying to poison her; she threatened once to jump out of a window unless permitted to come down stairs; she used to occasionally set her teeth and look flerce; her conduct varied, sometimes she was very pleas- antand nice;she (witness) destroyed all her papers after she was sent to the asylum; she did s0 upon the advice of Dr. Burrill, who said that nothing should be kept to remind her of the past; apers seemed to be of no accoun her several times at Bloomingdale; she had also visited her on Blackwell’s Island; sometimes she received her very kindly and sometimes not; she had sent her tea, sugar and crackers. Cross-examination—She had, three years ago, be- tween four and five hundred dollars laid up; she had spent for her sister in the last few years be- tween six and seven hundred dollars; she paid the rent of the room she occupied for teaching; no one else paid out money for her; @ policeman and her brother assisted in taking her the asylum; she (witness) had heard of the weeping Madonna and ueleet SEDO FAIRS she would fear ber sister if The cross-examination was continued at great length, but elicited nothing further that was new or of special importance. THE HEAD PHYSICIAN AT THE BLACKWELL'S ISLAND LUNATIO ASYLUM, Dr, Ralph L, Parsons was the next witness. He testified that he had practiced medicine for the last fifteen years; he had made a ty a, of mental and nervous diseases; since July, 1865, he had been in charge of the Blackwell's Isiand ee Asylum; sometimes there were 700 in- Q Did you notice Rose McCabe when she was brought to the institution? A. I did, and after a time made a special study of her case; I heard ber story frequently; at first my observations were of a eral character; her general appear- ance then was that she was insane; ct a later date he saw her, perhaps, three-quarters of an hour, in the presence of her counsel, Mr. Towns- end. He saw certain indications then of an un- sound mind. Since then he had studied her gen- eral appearance and her Le Had listened to her ory to confirm or refute this impression. Her expression of face, appearance of eyes, manner of approach and conversation all showed something strongly indicative of A DISEASED . He next studied her conduct. She told of her de- votion asa nun to usefulness, and he tested this de- votion by telling her what would be expected of her in the way of usefulness. Since then she had done very little in this way. Her story was circumstantially the same as toldin Court. She told it, however, with a minuteness that it would be improper to give here. The manner of conver- sation is the most important in studying the ques- tion of one’s insanity. For instance, an oft-re- Beata story they are likely to tell coherently. In ers, however, there was an incoherence, showing to his mind conclusively that she is insane. t What, then, do you think of her mental con- dition? A. I have no doubt of her insanity. Q ee able to take care of herself? A. Ishould say not. ). How about her story as to rats and mice? A. She simply complained of the rats annoying her, and the rat holes were stopped up. Cross-examination—He had known Dr. Brown for fifteen years; he also knew Drs. Porters and Burdock. Q. Did you write to the Commissioners of Chari- ties that you could not in so short a time decide as to her insanity? A. 1 may have done so, but do not remember. Q. When she first came she thought a great deal of you, didshe not? A. She did and does yet, I suppose. (Miss McCabe shook her head with an emphatic negative). Q. How long had she been there when I called ? a aon aweek, Ihad paid very tittle attention er, Q. Is that your way? A. Sometimes it is and sometimes not, Q. You knew that there had been a writ of habeas corpus asked in her case at the Blooming- dale Asylum and that she had been sent to your institution with a statement, and that the case was likely to come up in the Courts, and yet you paid no attention to her? A. Yessir. His impression Was that HER STORIES DIFFERED somewhat. He could not tell the difference. He commenced, after Judge Leonard’s decision, to make her case a special stady. His opportunities were that he saw her twice aday. She followed him about the hall, and when he passed the door she would rush out and accost him, asking silly questions. Q. Did she not ask you about her trunk and or- gan? A, Yes, sir. 9. Did you call these silly questions? A. Not ex- actly. . Q ae she not beg of youto hear herstory? A. es, sir. Q. And you would not listen to her? A. Yes, sir. Q. You say she would not make herself useful to any extended degree? A. And 80 she did not. Q Her board was Rela and it was optional with her to work or not, 1 suppose? A, Yes, sir, when she worked she did so in a fussy, ostentatious way. Q. Was this conclusive to your mind of her in- sanity? A. It was her manner, . Describe that manner. A. That is impossible. » Yousay she talked incoherently, Was her talk to me incoherent when you were present? A. It was all incoherent; it was told like a story that had been told a great many times, with interruptions following lines of suggestions; her ABILITY TO TELL A CONNECTED STORY ‘was not very great; he took all her symptoms to- gether as evidence of her insanity, Q. Supposing her story true, what then? A. If she had suffered all her alleged persecutions she showed less feeling than a sane person naturally would show. ‘ Q. If you believed her story would you recom- mend her being put in @ lunatic asylum? A, That would make no difference; her persecutions may have made her insane. Q. Did she ever show anything that would in- dicate that she is not a woman of culture and Strong religious tendencies? A. She did not act like any nun | ever saw, Q. Anything else? A, She does not tell the truth. Q. Wherein has sne lied? A, She sald that I threatened to pull her tongue out. Me That is a question of veracity between her and you; 1s it an indication that she or you are insane? A. She has told others lies. Q. Specify them? A. Ican’t think of them now; she was rude; on one occasion she followed him about, and Cee iy because he would pay no attention to her, snatched @ book out of a patient’s hand, Q. Was not you rude yourself in standing in her room with your haton’ A, She evidently thought 80, because she spoke to me about it. Q. Have you ever given any medicines to her? A. No, sir; no attention has been paid to her phy- sical ‘condition ; on one occasion he spent two hours in trying to get an answer to a simple ques- ton as to what she had told Dr. Choate she would do if discharged from the asylum, Q. Since Dr. Johnson testified the other day that she was not insane have you not refused to speak to him? A. Well, we have not been on good terms. Q. Was not Miss Brennan, an attendant, made very uncomfortable in the Asylum because she would not say Miss McCabe is insane? A. Not through my knowledge or instrumentality, By the Judge—Q. Do you think her dangerous to herself or others? A. In a certain sense to herself; she might commit suicide; she has improved since she has been in the Asylum; he did not think, not- withstanding her charges against priests, that her thoughts ran strongly toward men; she was now at a critical time of life and might become better as time advanced, by Mr, Townsend—Under certain circumstances she might be better off in the care of private per- sous who would bear with her peculiarities, Q. Did you not tell her she would make an excel- lent teacher? A. 1 do not recollect. The examination was here adjourned till next Saturday. Miss McCabe stated afterwards that she had never accused any bishop of treating her unkindly; but, on the contrary, that every bishop with whom she had come in contact had always treated her with the greatest consideration, She Mi only sorry she covid not say this of all the priests. CONTEMPT OF COURT BY THE COMPTROLLER. —- Commitment of Comptroller Green De- manded for Alicged Disobedience of the Mandates of the Conrt—Argument before Judge Fancher—Zime Taken to Consider the Matter, There seems to be no end to the diMculties hanging themselves about Comptreller Green in his management of the fiscal affairaof the city, and particularly that important branch referring to the paying of salaries. For months past ke has been the victim of an almost incessant fusilade of mandamuses, Though the mandamuses have been directed to the Board of Audit and Apportionment, asking the auditing and allowing of claims against the City Treasury, on behalf of ite numerous army of employés, he is the party, after all, against whom the shots are in reality directed, Among the numerous soptoacts for pay lor services rendered to the city is Mr. J. W. McGowan, son of the Ser- weant at Arms of the Board of Supervisors, It ap- Pours Lat this youpecenwleman was appoinsed by HERALD, SUNDAY, NOVEMBER 10, 1872—QUADRUPLE SHEET. the Clerk of the Board as one of its messengers, the salary being fixed at $1,200 a year. He claims for services in this capacity pay for seven months, and the Comptroller re! to pay him, seplicaiion was made before Judge Ingraham, at Supreme Court, Chambers, for a mandamus against the Comp- troller requiring him to pay the amount. This ap- plication was granted by the Judge, and a man- damus duly served upon the Comptroller. Upon his refusal to comply with the mandamus, a further application was , On an order to show cause why, for the COMPTROLLER’S DISOBEDIENCE OF A PEREMTORY wRIT of a mandamus, he should not be committed to prison, The case came up yesterday before poane Fancher, at the Supreme Court, Chambers. Mr. Josephy H, Dukes, on behalf of Mr, McGowan, submitted aMfidavits showing the service of the writ. He then went on to Uhat this was not @ case of attachment for contempt under an order to show cause, where the Comptroller might make a return, but was an application under the revised statutes for an immediate commitment of the Comptroller for disobeying the mandate of the Court. As far as concerned the merits of the case, a that ye pare | Capes had rey n passed upon by Judge Ingraham, when he had granted the peremptory writ of mandamus, and could not now be reviewed in this proceeding. THE COMPTROLLER’S DEFENCE. On the part of the Comptroller various counter- afidavits were submitted by Mr. John H, Strahan, showing that he had no funds in his hands except what had been appropriated for the Perment of other officials in the employment of the Board. He asked that the Court should turn this peremptory writ into an alternative mandamus, 80 as to give it an opportunity to fully as- certain the facts in the case, He stated that the total appropriation for the Board of Supervisers for the present year was $38,500, of which sum $32,000 was paid to the Supervisors, their salary being $2,000 a year each; $5,000 to the clerk and $3,000 to the sergeant-at-arms, the re- maining sum of $500 being all that was left to pay the other employés 01 the Board. Mr. Dukes said that his clerk was willing to take the $500 if that was all there was left. Mr. Strahan said that this would be unjust to the other employés, and insisted the sum should be di- vided pro rata among them. Alter some argument the Court took the papers, reserving its decision. BUSINESS IN THE OTHER COURTS. UNITED STATES DISTRICT COURT. Business in Bankruptcy. VOLUNTARY PETITIONS. Edward W, Smith and Henry E. Vogel. ADJUDICATIONS IN INVOLUNTARY CASES. eorge H. Jones, Gertrude Fuchs, James F. Berry, G Alexander Guthman and Julius Gerson. DISCHARGE. William Krohne. UNITED STATES COMMISSIONERS’ COURT. Alleged Violations of the Revenue Law— Charge of Selling Cigars and Liquors ‘Without a License. Before Cominissioner Shields. The United States vs. Charles Droerris.—The de- fendant was held in $600 bail for examination on a charge of selling, at 91 Columbia street, cigars in old boxes that had not been properly stamped. The United States vs. Emmanuel Lassa.—The de- fendant gave $600 batl for examination on a charge of selling liquor at 224 West Thirtieth street with- out paying the special tax required by law. Alleged Fraudulent Bankruptcy. The United States vs. Thomas Kiernan,—The de- fendant was arrested in Jersey on a warrant issued by Commissioner Shields, on a charge of having committed acts of fraudulent bankruptcy in the Southern district of New York. The Commissioner held him in $1,000 bail for examination. Alleged Murder Upon the High Seas. Before Commissioner Osborn. Edward Richards, of the British bark F. H. Moore, is charged by the English Consul at Ber- muda with having killed @ seaman named John Moss on board that vessel by stabbing him with a knife. Richards, it appears, is on his way to this ort, and as Soon ashe arrives a warrant, which as been issued by the Commissioner for his arrest, will be served upon him. Charge Against a Lawyer—Alleged Fraud in the Collection of Pension Money. ‘The United States vs. Frank W. Jones.—The de- fendant is a lawyer at 119 Broadway. He is already charged with alleged fraud in the collection of a pension, and yesterday he was brought up on the further charge of Mrs. Margaret O’Shea, who accuses him of having defrauded her in the collec- tion of a pension due toa deceased relative. The examination was set down for Monday. SUPREME COU3T—CHAMBERS, Decisions. By Judge Ingraham, Hannah Maria Octavia Wilhelmina Tenelins vs, John Tenelins.—Report of referee confirmed and judgment of divorce granted. Israel T, Atwood vs. Phabe B, Atwood.—Same. Tobias Kraus vs, Margaret Kraus.—There is no evidence of adultery except the admission of the defendant. A divorce cannot be granted on such admission, There can be no dificulty in getting the proper testimony, Case referred back. The People ex rel. P. T. Seymour et al. vs. Board of Apportionment.—Motion granted, By Judge Fancher. Burson vs. Dreyfuss et al.—Judgment granted. Brown vs. Turner et al.—Motion to vacate judg- ment denied, with $10 costs. In re Ella Wehl, otherwise called Marini Weisen- bach.—Writ dismissed and the child surrendered to the custody of the respondents, By Judge Brady. Dwyer vs. Dwyer et al.—Case settled. In the Matter of the Baltic Fire Insurance Com- pany.—Same. MARINE COURT. Important to Bankrupts. Philip K. Tuska sued Ferdinand A. Bentdikt for a balance of an old claim. Plaintii claimed that a new promise to pay the debt made by the defendant before his discharge in bankruptcy revived it, and prevented its extinguishment. Defendant’s counsel claimed the suit, if tenable at all, should have been brought on the new promise, Judge Gross decided in javor of the plaintif’s position and rendered Judgment for the full amount claimed. TOMBS POLICE COURT. Shanghacing a Sailor. Mr. Justice Hogan presided at the Tombs Court yesterday. The calendar was very light. After the usual number of cases of intoxication was disposed of, Julius Greiser appeared and complained against Dante! Kelly and Joseph Burns. Gretser was stopping at 107 South street, which is a sailors’ boarding house. Kelly brought him to a shipping master for the purpose of shipping him, and represented Greiser to be an able seaman and to have followed the sea for ten years. Greiser, however, on being questioned failed to corroborate the statements of his landlord, and on returning home was locked in a room and brutally beaten by Kelly and Burns, Albert Schioms, also an inmate of the same house, was similarly treated, ana made an aill- davit to that effect. Greiser was robbed, in addi- tion, of some fifteen dollars, while Schioms was also deprived of a watch and chain. Burns is a desperate looking ramMan, and evi- dently belongs to the class who infest the Fourth waid and live by the plunder of unfortunate sea- men. The attempt to “shanghae” in the case of these two Germans was fortunately in this instance frus- trated, and Burns and Kelly were each held in $590 to answer. A young boy named Patrick Mahon, while play- ing in Centre street, was struck and severely in- jured by Jacob Kohiman, the driver of a er wagon. Kohiman is @ stupid Teuton, of brutal propensities, and instead of hallooing to the boy to get out of his way applied the lash to the boy’s head, and itis feared seriously impaired his eye- sight. Kohiman was held in $300 to answer. COURT OF SPECIAL SESSIONS, Before Judges Coulter, Cox and Hogan. Over thirty cases stood on the docket yesterday to be disposed of by the learned triumvirate who constitute the Court. The first was that of John Watson, who was charged by Jacob Kreamer with assauit and battery with intent to steal. Watson, it appeared, met Jacob in East Fourteenth street, and attacked hith forthwith, his intention being to rob. Jacob, however, proved impecunious, and the irate Watson, naturally indignant, pro- ceeded to strip him of his boots, they being the only article having a marketable value in Jacob's pos- session, A minion of the law put in an appearance just in time to save the poor German from spolla- tion and capture his assailant. Watson pleaded guilty and received six months in the Penitentiary. Michael and Daniel Mcinerny, orothers, were placed at the bar charged With assault and battery on Officer James Keenan, of the Eleventh pre- cinct. The MeInernys, while passing through Rast ‘Tenth street on election day, becaine involved in a political altercation and made noise enough to attract the attention of the officer, who was patrolling the opposite side of the street. He endeavored to put a stop to the controversy, and finding peaceful means unavailing proceeded to enforce his mandates by a vigorous clubbing. The brothers bore uymistakable evidence of showed no indications whsever of violent treat- ment. che Mcluernys were conscqnently discharged, | rough usage on their persons, while the officer their accuser entirely failing to substantiate his allegations. iam Fleetwood was arraigne: sumner B. Jewett, of the Taeeecla Sante Oe water, lying at pier 41 North River, with larceny, Fleetwood is an English Cockney of the familar type, of portly build and luxuriant side whiske! and was accused of stealing a pair of pants ai two vests, besides other articles. In his defen he claimed to have gone on board the boat with the intention of purchasing the clothing. He made a very plausible statement and fought hard for his freedom, but unfortunately could produce no wit- nesses in corroboration of his story. His attempted defence was completely broken, and Mr, Fleetwood Was consigned to the Penitentiary for six months, JEFFERSON MARKET POLICE COURT. Attempt to Defraud a Mortgagee of a Chattel Mortgage. Henrietta Stephenson, residing in Spring street, complained of Mary Harrison for a violation of the statute of March 8, 1871, for the protection of mort- gagees of personal property. The act provides for the punishment of any mortgagor of personal Property who shall hereafter, with imtent to de- fraud @ mortgagee or purchaser of such property, sell or otherwise dispose of it while subject to a mortgage or any instrument designed to operate assuch, giving @ lien thereon. In the present case the complainant's counsel introduced an in- formal bill of sale of certain furniture, with the provision subscribed by prisoner that such prop- erty should not be sold or removed without con- sent of seller. His Honor decided that the instru- Ment was intended to operate as a chattel mortgage, and held defendant in the sum of $500 to answer, BROOKLYN COURTS. SUPREME COURT—SPECIAL TERM. A Divorce Suit. Before Judge Tappen. Mrs. Margaret R. Mudge brought suit against her husband, Charles Mudge, for an absolute divorce, on the ground of adultery. The case was sent toa referee, who yesterday reported in favor of allow- ing the divorce as applied for. The report was confirmed, ‘The couple were married in Brooklyn in July, 1865, and lived together until about eighteen months ago. Mr, Mudge moved to Chicago, where he now lives. Mrs. Mudge resides in Brooklyn. Alleged Breach of Agreement. Before Judge Pratt. Henry Harteau, in his suit against the Weed Park Blue Stone Company, yesterday applied to have an injunction, previously issued, made per- petual, restraining the defendants trom disposing oftheir property until the further order of the Court. Mr. Hartean alleges that ne advanced to the de- fendant some months ago several thousand dollars for the purpose of carrying on the mining and working of the quarries in Orange county, on the line of the Delaware and Hudson Canal, and, as the collateral security for the money advanced, he was to have the exclusive control of the sale of the stone in all the quarries and also fall control of the proceeds of all sales effected, A short time since the managers of the company, Karl Hilmers and A. E. Godefroy, sold stone to the amount of $4,819 03 and appropri- ated the money to carry on the work for what purposes they deemed proper, without the consent of Mr. Harteau ahd in violation of the terms of the agreement, . The defendant presented aMdavits denying that Mr. Harteau nad the entire control of the sales and moneys derived therefrom, and stating further that no advance had been made by Mr. Harteau on the stone sold by the defendant. It was claimed that the proceeds of the sales referred to went to pay the laborers and feed the horses required to carry on the work, and also that some forty labor- ers were now unpaid, and the feed required for the horses could not be procured without cash. Deci- sion reserved, CITY COURT—SPECIAL TERM. Alleged Contempt. Before Juage Neilson. In a suit brought by John Mulligan against Jacob Elias the latter was enjoined from operating his chemical factory in Greenpoint on the ground that it.wasa nuisance. Yesterday an application was made to have Elias punished for contempt, he hav- ing continued work notwithstanding the injune- tion, Affidavits were presented showmng this fact; but, on the other hand, Elias submitted affidavits setting forth that the factory was operated on an entirely new systemand no noxious vapors ema- nated irom it. The Court took the papers and reserved decision. A Habitual Drunkard Not a Disorderly Person. Justice Elliott committed William Bach to the Penitentiary for six months, for being a disorderly person, a habitual drunkard. Counsellor Thomp- son yesterday asked for the prisoner’s discharge on the grounds that the commitment was defec- tive, that a habitual drunkard was not a dis- orderly person, and that the Justice had no power to commit for six months for disorderly conduct or habitual drunkenness, Judge Neilson, holding that the commitment ‘was irregular, ordered the prisoner's release, SI RROGATE’S COURT. Last Week’s Business. Before Surrogate Veeder. The following wills were admitted to probate dur- ing the past week :—Charissa R. Howards, of Flat- bush; Harriet Hopkins, of New Lots; Maria Ogden, Jacob Kimmer, Catherine A. Hessler, Thomas 8. Batcher, Robert Hofner and Catherine Van Syckel, all of Brooklyn. Letters of administration were granted in the estates of Catherine Gilbert, James L. Phelps, Mar- garet Schug, Sarah Preston, Michael Crawley and James Van Namee, all of Brooklyn. Letters of guardianship of the persons of Mary J., Alice M. and Annie Stephenson were granted to Francis W. Stephenson; of Nelly and Margaret Green to G. W. A. Everett, of Brooklyn. NEW YORK CITY. The police made 1,302 arrests last week. There were 513 deaths, 419 births, 42 stillbirths and 196 marriages in the city last week. Marshal Hart granted 264 licenses since last Teport, and received $420 75. The imports at this port for the week ending yesterday foot up $7,11 257 The Urdinance Bureau last week received fifty-six complaints of violations of Corporation ordinances, Fire Marshal McSpedon reports twenty-eight fires for the past week, upon which the loss 1s esti- mated at $152,100 and the insurance at $380,150, , Yesterday afternoon Henry Crock, fireman on board the steamer G. W. Clyde, while working on the engine, had his hand very badly crushed. He was taken to the Park Hospital. The grand public inangural of Manhattan Market, the magnificent building at the foot of West Thirty-fourth street, will take place on Monday evening. Samuel Dilan, a resident of Mott Haven, got into a row with John James Carr last evening, at 114th street and Fourth avenue, and in the fight which succeeded received acut on the forehead with a knife. On examination it proved to be not dan- gerous, The assailant was not arrested, Clinton Stokes, aged twenty-six, brother of Edward 8. Stokes, who Killed James Fisk, Jr., last January, was reported to be dying yesterday. The news, which is communicated to the prisoner late in the afternoon, seemed to affect him greatly. The brother was a member of the Young Men's Christian Association and a member of Dr. Armi- tage’s church, Comptroller Green reports the receipt of taxes through the Bureau of Receiver of Taxes, Depart- ment of Finance, for seven days, from November 2 to November 9, 1872, to have been as follows, viz, :— November 2, $70,410; November 4, $170,161; Novem- ber 5, $4,905; November 6, $199,348; November 7, $167,862; November 8, $193,374; November 9, $129,515. Total, $936,577. At Steinway Hall, on to-morrow evening, Gen- eral Judson Kilpatrick will deliver his lecture on “The Duty of the National Govern- ment to. American Citizens in Foreign Lands.” The same he delivered in Boston on Thursday evening last. The lecturer, who has often amused and instructed New York audiences, will discuss fully the responsibilitics of the government to its citizens, and will largely comment Ot international law governing the rights of citizens, Commissioner Van Nort, of the Department of Public Works, reports that South Fifth avenue, from Canal street to Fourth street, at Washington square, is opened to public travel, the paving of the roadway with the Broadway payement having been completed. Chureh street, from Fulton to Morris street, is being similarly paved, and will be completed during the present month. The Commissioner is considering the expediency of jm- roving the roadway of College place and West Grondwa; thas connecting Church street with South faith avenue and forming @ continuous thor- oughfare west of Broadway, from the Battery to Washipeton souare, BLOOD STILL IN BONDAGE. The Examination Ended Yester- day, Before Judge Fowler. MORE STARTLING STORIES. Mrs. Laura Ouppy Smith and Mr. James E. Maxwell, the Man Who “Lives on the Town,” on the Stand. The Inner Life of the Famous Family of Free Lovers. Did Mr, Challis Kiss Miss Claflin and Say that She “Was Looking Charming ?” Charges of Blackmailing Made by the Complainant in His Testimony. The sensational comedy of free love was re- sumed yesterday in the Jefferson Market Court, before Judge Fowler. The throng assembled was greater than before and an equally interesting study even for any one who can draw metaphysical lessous from the sympathetic depravity of certain of the human race, The lobby of the court room had become crowded to suf- focation long before the proceedings closed for the day, and within the door persons were mounted on the backs of the benches in their eagerness to see all that there was tobe seen. The prisoners, Mrs. Victoria Woodhull and Miss Tennie 0, Claflin, were escorted to their seats at about half-past two o'clock, accompanied by Mrs. Laura Cuppy Smith and one or two other of their friends. George Francis Train, with his curly gray loeks arranged in a distractingly talented manner, came shortly afterward and took a seat behind the ladies, The inevitable Count Joannes also made his appear- ance, blazing in all his brass decorations and with his nut-brown wig nicely adjusted, The defendant, Colonel James 4H. Blood, was then brought in by Deputy Marshal Croly, and sat at the left of Mrs. Woodhull, with her pretty little daughter beside him. The aged couple, Mr. and Mrs, Claflin, were in the corner of the court room, at the left of the Judge, and other per- sons more or less implicated or interested in the present case filled up the arena so that there was little space unoccupied. The associated counsel for the defence, consisting of Messrs. Howe & Hummel, Mr. McKinsley and Mr. Jordan, sat immediately in front of the group and were busy in consultation. The leading counsel for the defence was attirea somewhat differently than on Friday, having doffed the green plush vest, which before had made him the cynosure of so many critical eyes, and wore in its stead one of richly colored hues, which was figured in Scotch plaid, and from which was suspended a glittering watch guara of astonishing massiveness. His diamond breastpin was also un- usually brilliant, and twinkled so incessantly that little doubt was expressed by the audience that it had much to do with successfully embarrassing the witnesses of the prosecution whenever they were about to say anything, the utterance of which was not particularly desired by the defence. The coun- sel was In & very good humor, and affected the courteous gallant in chaperoning the fortunes of his sensation-loving clients. THE EXAMINATION RESUMED. Mr. Assistant District Attorney Sullivan and Mr. Knox were very promptly in their places, and, after a short delay, the examination of witnesses was resumed, Robert Hamilton, on being questioned by Mr. Sullivan. testified that he was a paper-wetter in the establishment of Mr. Smith, the printer, and had worked during the last week of October on the paper called Woodhull & Claflin’s Weekly. He was shown a copy of it containing the alleged libel, and said that the date was the same as that of the issue upon which he worked, and the title was the same. Mr. Anthony Comstock, an agent of the coune Men’s Christian Association, was then called an examined, He resided in Brooklyn and did busi- ness in this city; he went to the office of Woodhull, Ohaflin & Company last week (Friday) and made the purchase there, fiom the lady sitting next to Mr. Howe in court (Miss Claflin), of a copy of Woodhull & Claflin’s Weekly, which he handed to the Assistant District Attorney; there were present in the office at 48 Broad street at that time a per- son who was pointed out to him as Colonel Blood, a young lady and Miss Tennie CO. Claflin; he saw there other copies of the paper; he thought about 800; some were also in the hands of persons going out who had purchased them. ‘The counsel for the defence cross-examined the witness, and he said he had not gone before the Grand Jury to make complaint against the ladies in court; he had no part or lot in that prosecu- tion except to sit in the United States Court during the examination; he had not seen Mr. Henry Ward Beecher nor had he consulted with him or his friends; he had not seen Mr. Challis or Mr. Challis’ counsel; he had not prosecuted many cases of this sort, but had only been in Court as a witness in regard to the selling of obscene literature; un- der the statute he was entitled to half the fine. The witness was asked to point to Miss Clailin in the court, and, complying, said:— “She is the individual at your left, sir.” The counsel for the defence said sharply, “What ?” “The individual at your left.’? Counsel—Your Honor, when I represent a lady in a court of law I would like to have her treated as such, LOUD HISSES were heard all over the room after this remark, and the gavel of the Judge alone restored order. Counsel—Point to me a line in that copy of the paper which can be taken as obscene. udge Fowler asked upon what ground the ques- tion was asked, and rendered a decision as fol- lows:—‘‘The proceedings now in progress are not ‘ag to the ovscenity of the article in question, but as to whether its contents are libellous, It is not worth while to take up my time or the counsel's time with a discussion or examination having any other object.” Upon cross-examination by Mr. Sullivan Mr. Comstock said that he had never asked or received any part of the fines to which he was entitled for informing the authorities of obscene publications. Mr, Maxwell was then called by the counsel for the defence, but did not respond, The next wit- ness was Mr. Buckman Clafin, THE FATHER OF VICTORIA AND TENNIE, an old gentleman with a peculiarly cheerful coun- tenance and @ russet gray beard, trimmed toa very sharp, angular point, Mr. Claflin swore that he resided at present at 237 Fourth avenue; he had known Blood for about seven years; he saw him during the latter part of October at the house where he was then boarding, 23 Irving place, and remembered to have heard a conversation about a proposed publication which wus then read by Colonel Blood; he was not in the room, but heard the conversation through @ hall door; he could not distin ih every word, but heard the name of Mr. Challis the same time something was read touching Mr, Beecher’s character; he took it to be Colonel Blood who was reading, judging by the voice; he did not remember tne exact date of the occurrence ; it was ten days or two weeks before the publica- tion of the alleged libel. He remembered the night previous to the arrest before his daughters. came up from their — office; he saw Colonel Blood that night in the arior in the presence of his wife, Miss Claf_in and firs, Woodhull; he told his children he thought that they were going to get into trouble and that they should keep out of the way until Monday, and then face the music. Witness continued thus:—Blood then told me to “shut my venerable mouth; [ told him that I didn’t object to the exposure of Beecher; but the other matter I did object to; Colonel Blood said, “We believe it and we mean to publish it.” The group about the counsel for the defence at this moment betrayed a good deal of excitement, and one after another and sometimes all together the ladies clutched nervously at his sleeves to whisper feb vn | in his ear, Miss Tennie C. Clafitn, who before had appeared very calm, played restlessly with her gloves, and her face was flushed in four burning spots of intense red, while her eyes blazed with excitement. Her sister had not pre- served even the semblance of composure during the whole of the ordeal of hearing her father’s tes- timony, and whispered alternately to her tounsel and to Colonel Blood, The witness proceeded—After the paper was printed Colonel Blood said, “We believe in these ener, Ay we. pavllgy font My daughter told me that he wrote for the paper. Alter PN ae bye ora Mr. Maxwell was again called, but ¢ not respond, The Assistant District Attorney here desired to ere THE ALLEGED eae A \ propose: ae counsel for top desence objected that ite con- nection with Colonel Flood was yet to be except so far as the heading of thé paper was ] The Assistant District Attorney argued defence had admitted that blood was aa agent the poninien The law punished an G much as it did a principal in such acase a8 that slangler. That admission vi established the © ae and liability of the accused in a court of law. t had also been proven that Colonel Blood had terposed actively, frequently and urgen arrangement of the paper before it was p' pring forward an potting into print the ve etter of the libel which had been published. own virtual admission was @ most singular fatal act, and he wondered at it very much in counsel who put so much reliance on own and experience. Blood paid the bili made out Woodhull, Claf_iin & Company, and sald, “I am agent of Woodhull, Claflin & Co.”—an agent crime, as punishable as the principal tt te aes another man’s malice or of a woman’s ,. was the first time that he remembered where man had come into Court to Say, “I want to behind two unfortunate women.” Truth, aa it sistibly, trumpeted itself betore the Court wi he asks to be excused because the agent of tw other parties. On that question in the case the) could’ be no doubt. ; The counsel for the defence argued that the ladies who were prisoners had come into Court bear the responsibility which should rightly ree! on them. If Colouel Blood had not ability to writ the article which tke ladies admitted was thei production, His Honor would gee to it, he felt sure,, that none of the penalty was inflicted on him, i Judge Fowler decided that Blood’s agency in thet ) dgre dar pl was proven and admitted the paper, ‘ne counsel for the defence hereupon acknowly edgea that the article contained the same matt as that quoted in the complaint, and it was, the! fore, not read to the Court. The Assistant Attorney announced that he rested his case. 1 MR, LUTHER 0. CHALLIS WAS RECALLED i by the defence for the purpose of questions in a new direction, which were admitte: only on condition that Mr. Howe take him as witness. The question then asked was of an 1 delicate character, relating toa present of und garments, said to have been made by the witne: to Miss Claflin. The implied fact was ee ve I denied by Mr. Challis in @ lignin manner, The counsel asked tl wit if he had ever kissed Miss Claflin, but the question was excluded. He knew & Mr. Stockwell, with whom he had a suit, but he did no’ have a sult with anybody about the Pacific Company; the ladies in Court nad nothing to with the suit with Stockwell; they had mentione it to him in Ludlow Street Jail their cell; never told them there.that if Mr. Stockwell woul close proceedings he would let up on them, and not say that he would furnish them with money. aT the Assistant District Attorney—Mias Cla said that bi Chi sent to:'me to say that this rg? was all je, and that they wanted to com! out in a letter stating that it was all false, ans that they were paid for doing tt; he had told thei that that was what he wanted to find out—the le who were at the back of them ; thatif they did a he; LE et tohim they would secure the pathy of the public and the Courts, which othe; wise they would forfeit; she then told me th names of three pe! enemies in Wall street; if I would cease the Pl cution she would make afidavit that the sland ‘was false, MRS, VICTORIA WOODHULL ‘was called by the defence, She came to the stan‘ in a hurried manner, and her face plainly showed the signs of an intense sti le for control ove! herself. She testified that she, with her sister (Tennie C.), was editor of the paper that had bee! roduced— Woodhull & Clajlin’s ; Colone ood had no more to do with its any other of their servants about the office; he sometimes wrote articles for it, but did not writq that referred to in the complaint; he was engage‘ at @ nominal salary, but did not receive any the profits. Mrs, Wooduull gave her picture of thd visit of Mr. Challis to them in their cell at Ludlo Street, He said if they would deny the truth of th slander he would pay women. She dente 8 fabricatio of it was truth and could be proven. then referred to her first acquaintance with the complainant and to his visits to her house last Winter, after the French bali. A sentence which boded indecency was interrupted by the Distric' Attorney. The witness continued that he had boasted of seducing two young girls. She was agai! interrupted when about to describe a scene at the Academy on the night of tae French ball; she said that when he afterwords came to her a she spoke in his presence of the terrible debaucher; that she had seen there, and said that just suc men as he were debauching society, d women and sending them out into the world a prostitutes; the witness declined to name all thi Persons present at this interview, as she did no wish to implicate them. The rest of her narrativ of the conversation was far too indecent and ob scene for publication, On cross-examinetion by Mr. Sullivan Mr‘ Woodhull said that about two zeits. ago, on thd 1st of April, Commodore Vanderbilt gave them the money to start their Weekly; the firm was com-; posed of herself and Tenuie, and she could not state the exact time that Golonel Blood took charge of the brokerage business; she could no! tell who arranged the articles at the time; the p: per went to press in the last week of October; sha herselt did not write the alleged libel, and she did not know anything about it having been enclosed to Mr. Challis; she did not kno who sent tie printed slip to the pressroom; she had been anxious for it to g into type justas it has; Maxwell had called uj her at the prison twice; she had talked with before the publication of the alleged libel abo what was to appear in the paper. The Assistant District Attorney.—Who wro' the article? The counsel for the defence objected, and Mr. Sullivan explained that he wished to ask th question, as bearing upon the motive of the slander, as it had been stated that it was prompted b; James E. Maxwell and others, It was exclude Mrs, Woodhull contended that Colonel Blood had. advised her not to publish the article; but that she had done it and was glad she had done it. MRS, LAURA SMITH was called by the deience. On being addressed Mrs, Smith she emphatically announced her nam to be Laura Cuppy Smith. She was dressed i deep dark green, with a black velvet hatand scarlet necktie. She was a lecturer by professio and lived at Worcester, Mass. She said she kne: the ladies in court and Colonel Blood; she had: in. troduced herself to Mrs, Woodhull after readin; Mr. Tilton’s biography of her, and being herself woman ee a eg and having her soul in new social movement. Counsel—Did you ever see Challis familiar wit! Tennie C. Claflin? Mr. Sullivan objected to the question as not rel vant, and counsel said that it was to test the cre: bility of Challis. Judge Fowler—If you take such a view of it that it would be disreputable for Challis to be familia: with your client then it is admissible. But 1 cai not really lead to such contradiction as affects th credibility of a witness, Taking the view that it disreputable I wil! admit it. Mrs, Smith continued that she went to Mu Hill in 1 st February to see Mrs, Woodhull; sh first saw Miss Claflin in her room up stairs o: entering the house, who said that she expected visit from Mr. Challis. Mrs. Laura Cuppy Smith’s answers were rathe roux and the Judge ojected that they were iscursive. The counsel for the defence said that she might at least be discoursive if not discursive. She went on to say that Mr. Challis entered th apartment while she was there and kissed Tennie he said that she was Hel charming ;’? that ‘was the only time that she saw them together ; the: were sitting down very familiarly when she le: them‘in the room; Tennie’s mother entered thi room previously, and he said, “Good evenin; mother ;” the witness was @ contributor to Wood. hull & Claflin’s paper. MISS TENNIE 0, CLAFLIN was next called. She swore that Blood had ni connection with the Weekly; she had put in th Challis article herself and sent the money to p: for work done upon it by Smith, ‘The examination of Tennie went no farther, an Maxwell was again called, but did not appear. Mr. Challis was recalled by Mr. Sullivan, and ti answer to direct questions sald:—I did not go Ludlow street at any time when Mr. Knox, m: counsel, was not with me; I was inside the cel alone but five minutes, while Mr. Knox waited out side; there is not one word of truth in all that Mri ‘oodhull has stated regarding the two youn; giris at the French ball, The crowd applauded the witness here, but the: enthusiasm was repressed by the Court. Referring to Mrs. Smith’s testimony, Mr. Chall! said:—I never saw Mrs. Smith but once before saw her in this court room; I went to Miss Clafin’s house in response to an urgent note; I saw her ti the parior; she said, “Come up stairs, I want introduce you to @ lady;” I went up stairs an saw Mrs. Smith; 4 1 DID NOT KISS MISS CLAFLIN; I never called Miss Clatin’s mother ‘Mother ;’™ Mrs. Smith is certainly mistaken. THE MAN WHO “LIVES ON THE TOWN.” The name of Maxwell was again called, and there} was a loud hum of conversation in the court. well-dressed man, apparently young m years an et having gray hair, came forward. jis face handsome ut not very inviting of confidence after the first glance. It is embellished on either sid with whiskers, and his upper Ip 18 clothed in mustache, Hé took the stand and Mr. Howe com. menced to examine him, but before he conclude had gained little beyond destroying his value as witness for the defense. Counsel—Are you a broker? Witness—No. Counsel—Are you a gentleman ? Witness—No, I’m not a gentleman, Counsel—What pe ae #8—I live on . Tadeneer van through the Court, which was no more crowded than ever, it hf received ne’ accessions from @ throng of Vulgar-looking spec: who kad taken the places of people who hi become tired and had gone away, T this aj plause for the witnesses of the defence became fr he: in scene at the French ball in the Academy of Must saying that the party was composed of Mr. Mr. Caldwell, himself and a gentleman from the regions; two young girls came into the box wnil they were absent; Challis had never alt spoken to him about having seduced one of the girs; le had visited @ house im Thirty.