The New York Herald Newspaper, November 15, 1872, Page 5

THE COURTS. Alleged Violations of the Revenue Law. Jie pleicuis Beisure of Whiskey by a Revenue In- spector—Case Dismissed with a Certificate of Probable Cause. A SEIZURE OF SILVER LEAF. Prompt Action of a Revenue De- tective--The Property Confis- cated as Smuggled Goods. THE RING FRAUDS AGAIN The Dual Suit of the State and Bogrd of © Supervisors Against William M. Tweed~- The Board of Supervisors De- eared “To Be the Proper Parties to the Suit. COMPTROLLER GREEN AGAIN IN COURT. —_—+_—_— Two Motions in the Supreme Court to Pun- ish Comptroller Green for Con- tempt—He Refases to Obey the Mandates of the Court. THE BUSINESS IN THE OTHER COURTS. Summaries—Decisions in Admiralty—Convic- tions and Sentences in the General Sessions. In the United States District Court yesterday, before Judge Blatchford and a jury, the case of The United States vs, About Two Thousand Dol- Jars’ Worth of Spirits, seized at No. 163 Chambers Btreet, for alleged violation of the Revenue law in mot cancelling old stamps on whiskey barrels, was @isposed of. There was a verdict for the claimant, M. M. Decker, by consent of the District Attorney, it haying been shown that there was no iraud whatever intended by Mr. Decker. ‘The case of the United States vs. One Horse and ‘Wagon, claimed by Charles Reibold, was also tried before Judge Blatchford anda jury. The govern- ‘ment sought to confiscate the horse and wagon on the ground that they were engaged in conveying ®& quantity of smuggled silver leaf, and that the owner of the wagon knew of the contraband nature of the articles he was carting. No owner for the silver leaf having appeared it had been pre- viously confiscated. There was @ verdict for the claimant, Reibold. Yesterday the case of Ludwig Julius August Krebs, who had been charged, under the extradition treaty between the United States and the German Empire, with having forged a bank book at Bremen by altering the figures $15 to $45, was finally dis- posed of by Commissioner Kenneth G. White. The Commissioner has decided to hold the accused, for whose extradition to Bremen the necessary papers ‘will immediately be made out by the State Depart- ment. In the case of Gibbs vs. Boch, Bechtel, Schneider and Schoen, which was an action tried before Judge Blatchford and a jury, to declare the defendants bankrupt, a verdict was rendered for the defen- @ants. Yesterday Edward Richards, charged with the fonrder of Alexander Moss on board the American brig T. BH. Moore, of Boston, on the 24th of July last, on the high seas, was taken before Commissioner Betts and committed for examination to-day before Commiasioner Osborn, who had issued the warrant for the prisoner’s apprehension. The prisoner ar- rived in this port yesterday on the English vessel Actea, which left the island of St. Helena on the bth of October, and was at once taken into custody by two officers from the Marshal’s Office, who were on the look out for him. ‘The suit of the Board of Supervisors against Wil- Mam M. Tweed was up again yesterday in the courts. This time it cameup in the Supreme Court, General Term, on appeal from the recent decision of Judge Barrett, the question at issue being whether the State or the Board of Super- visors was the proper party to bring the suit. The Court decided that the latter was the proper plaintif, thus aMirming not only Judge Barrett's decision, but that of the General Term at Albany. Mr. Tweed is allowed forty days in which to put in his answer to the complaint in the suit ‘instituted on behalf of the Board of Supervisors. yesterday before the same Judge. This applica- tion comes from Commissioner Van Nort, of the Department of Public Works, because the Comp- troller has failed to obey a peremptory mandamus, réquiring him to deposit in the Chemical Bank, to the credit of his department, certain moneys for the payment of the Boulevard workmen, The case will be argued to-day. They are aiter tne Comptroller with @ sharp stick in the contempt of court business. Judge Fancher, of the Supreme Court, has still before him, awaiting his decision, the papers upon a Motion, made a few days since, to commit the Comptroller forthwith to prison for alleged dis- obedience of a peremptory mandamus of the Gourt. Another application to punish him for con- tempt was made. An application was made in the Supreme Court Chambers yesterday morning, before Judge Fan- cher, by William F, Howe, counsel for Woodhull Clafiin & Co., for a writ of certiorari in behalf of James W. Blood, who is impleaded with the female brokers for libel, Counsel claims there is no evi- dence to hold Colonel Blood, and will argue his case this morning. SEIZURE OF WHISKEY. seiaeainaipennienndesn In the United States District Court yesterday, before Judge Blatchford and a jury, the case of the United States vs. About Two Thousand Dollars’ Worth of Property, seized at 163 Chambers street, in the wholesale liquor store and rectifying dis- ullery of M. M. Decker, was heard, The facts are these:—In the month of May last a gauger named Bernard Bigglan went to the store of Mr. Decker to gauge spirits, and, according to his statement, he und some kegs and barrels upon which the recti- fying stamps had not been obliterated, The ages were empty, and the witness believed the bungs were out of the whole of them. When witness arrived at the store he found men there who informed him that they had just filled a keg with spirits, and witness, upon turn- ing it over, found what he call ed an old rectifying stamp upon it not obliterated, He farther testi- fied that the defendant admitted to him that it ‘was his intention to have the stamps destroyed, and that if there was any blame in the matter at all it Was owing to the neglect of his employés to destroy the stamps, The morning the gauger went to the store he received @ card from Mr. peo asking nim to come up to gauge some The witness was cross-examined by Mr. Wood, on the part of the defendant, and created a very Baw Able smile in Court by admitting, tn rep! @ question, that he he had been recently electe @ member of the Legislature. Evirlence for the defence was then offered to show that some of the barrels upon which the stamps had not been obliterated had been de- livered at the store from up the river, and that the contents of two barrels had been emptied into a standing cask just betore the gauger came. The were expecting his visit at the time, for he nai been notified to come. Mr. Decker, the claimant, was then examined, and his statement was so con- elusive that NO WRONG WHATEVER was intended to the government that, with the consent F ‘Pistrict Attorney, a verdict was conoemt oe Re cinimant with a certiteate of prob- able cause. . SMUGGLED SILVER LEAF. ‘The next case tried pefore Hie Honor was that of the United States vs. One Horse, Wagon and Har- nese. The facts, briefy stated, are as follows:— Abont the 16th of July last an officer of the customs named George Sherman saw a horse and wagon being driven in Eldridge street by an expressman named Charles Reibold. He got upon the wagon, and, seeing a basket in it, asked him, “What 1s this?” ‘The expresaman replied, ‘It is wash” (soiled clothes), Witness replied, ‘‘No, it is silver leaf." There were 200 packages of the silver leaf in the basket. He seized the horse and wagon apd the is, and made @ report of the matter to the Custom House authorities. Reibold told him that he got the silver Jeaf from a woman in Hoboken who washes for the Geman steamers, ana witness (Sherman) thinks Reibold told him he thought the silver leaf came from the German steamer Bremen. Reibold wanted witness to permit him to deliver the goods at 155 Eldridge street, but as that was @ private house he declined to accede to the request, as if the goods were put in there he should be under the po getting out a search warrant to seize them, @ case, however, would have been differ- ent had the goods been put ina store. The silver leaf was subsequently confiscated, no owner ap- pearing for it; and the suit was now instituted for the condemnation ofthe horse and wagon, on the ground that their owner had, as alleged, been knowingly engaged in the conveyance of smug- poe goods, ere Was a verdict for the claimant THE RING FRAUDS, fe td The Civil Suite Brought by the State and Board of Supervisors Against William M. Tweed and Demurrers and Appeals Growing Out of Them—Final Hearing Before the Supreme Court, General Term—The Board of Supervisors De- clared the Proper Party to Bring the Sai The law’s proverbial delays, tedious as they are, are surely bringing toa climax the civil suits in- stituted against William M. Tweed and his alleged “Ring” confederates, to recover the large sums charged, through the medium of fraudulent claims, to have been illegally obtained by them from the county treasury. More rapid progress, however, has been made in the suit against Mr. Tweed than in the other suits, he being charged with taking the lion’s share, and therefore the suit against him naturally taking the precedence. Although the history of this suit is already a more than “thrice told tale” from the frequency with which, in one shape or another, it has been brought before the Courts, a brief RESUME OF THE CASE, or rather of the legal steps hitherto taken, is necessary to an intelligible understanding of the proceedings yesterday in the case, and which, as already intimated, place it in a position shutting off the possibility of tlie intervention of mere legal subterfuges and compelling a speedy trial. First im order, then, a suit was instituted by the Board of Supervisors, on behalf of the county of New York, agaimst William M. Tweed, to recover $6,000,000, alleged through his connivance to have been paid out of the county treasury on fraudulent claims. Another suit was also begun against him on behalf of the State—the latter suit being brought by the Attorney General of the State, prosecuted by Charles O’Conor—based substantially on the game causes of action. A demurrer to the com- Pplaint in this suit was argued before the late Judge Hogeboom, at Albany. The point of this demurrer was that the State had no right to bring the suit, and that the cause of action lay in the county of New York, the money sought to be recovered being alleged to have been taken from the county treasury. Judge Hogeboom overruled this de- murrer. An appeal was at once taken from his de- cision to the Third department of the General Term ofthe Supreme Court, Judges Miller, Potter and Parker presiding. Here the case was argued at length and resulted in the decision of Judge Hogeboom being sustained, Judges Miller and Potter holding that the cause of action lay in the State and that the county of New York was not a necessary party to the action, but Judge Parker dissenting. At the October term of the Special ‘term ofthe Supreme Court of this county, Judge Barrett on the bench, the suit of the Board of Supervisors came up on a demurrer made in behalf of Mr. Tweed for the purpose of testing which party had the right tobring the suit. Another long argument ensued, which was published at length in the HeRaLp. It was strenuously u Oy . Tweed’s counsel that the State al the right to bring the suit and hi suit instituted om its behalf was a ba the suit of the Supervisors, Judge Barrett cor- bi ope Bend Cath fe age that tne Pipe was proper plaintit. in an appeal was taken from this Yecision to the General Term of this department, and the case came up for argu- ment yesterday on this appeal at the Supreme Court, General Term, Judges Ingraham, Brady and Leonard on the bench. ARGUMENT OF COUNSEL, This is pretty much a repetition of the previous lenis and wholly of a technical character, the argum “merits of the case as to the guilt or otherwise of Mr. Tweed not being gone into at all; and, in fact, this subject, which is really the great point of in- terest to the public, not coming Within the scope of the subject matter before the Court. Represent- Ing Mr. Tweed, as on the previeus occasions, was Mr. David Dudley Field, while the opposing lawyers were Mr. Richard 0O’Gorman, Corporation Counsel; ex-Judge Potter and George Ticknor Cur- tis. Mr. Field insisted that the Court must either dissent from or concur in the decision arrived at the General Term at Albany, and ur, that in case of concurrence the suit of the Supervisors could not be maintained. He spoke of the injus- tice to his client of the two suits and the necessity of an immediate decision being arrived at so as to know which of the suits could be prosecuted. As for Mr. Tw he was willing and anxious for a but objected to being tried twice for the same alleged offence. He pressed the demurrer with all the eloquence and copenay ot argument of which he is master. The reply his argument ‘was that the Board of Supervisors nin | brought the first suit, and that for money alleged to have been wrongfully taken from the county treasury they alone were the the action, Al- different reasons décision gt Court at Albany, and particular stress laid upon that of the Corporation. sel being alleged be in’ collu- sion with Mr. Tweed, After demolishing this charge the decisions of the two concurring Kaa 3 were received, and the fact shown how upon ditter- ent grounds they arrived at the same conclusion. Both arguments were upon the points previous! used, and, having been heretofere published in ful are thus briefly epitomized :— DECISION OF THE COURT. At the close of the argument the judges talked the matter over forafew minutes among them- selves, and then Judge Ingraham announced their ecision. He went on to say that if they were to decide this case according to their own judgmen' without reference to the decision of the Thir department, they would have no difficulty in holding that the suit of the Board of Supervisors had been well brought, and that the Supervisors had the right to sue for money alleged to have been mi lied by a county oficial. Asto the decision of the Third department, they could not be bound by it, especially as being made by 4 divided Court. Even the two judges who con- curred in the opinion disagreed upon the reasons which they assigned for arriving at the same con- clusions of law. The right of action was, in their opinion, with the Supervisors of the county of New York. e judgment of the Court below was there- fore sustained and the di rrer overruled, An order was at once etitered in accordance with the above decision and defendant allowed forty days’to answer the complaint of the Supervisors, PUNISHING THE COMPROLLER FOR CONTEMPT. niacin After the Chief of Our Finance Bureau with a Sharp Stick—=Two Motions to Punish Him for Contempt in Disobey- ing the Mand: sof the Court—Decision Upon One Motion in Abeyance and the Other To Be Heard To-Day. There seems to be an eflort, not to say a positive determination, in certain circles to prove acon- temptuous disregard by the Comptroller of the mandates of the Supreme Court Judges, and, this fact proven, to punish him accordingly. A few days since Judge Fancher, holding Supreme Court, Chambers, was flatly and explicitly asked to com- mit him to prison for alleged failure to comply with a peremptory mandamus of the Court direct- ing him to pay the salary of a messenger of the Board of Supervisors. Before the Judge has bad sumMicient time to arrive at a decision upon this ap- plication he is importuned from another source to place THE COMPTROLLER IN CONTEMPT, The latter application came about in this wire. Several weeks ago, as will be remembered, a mo- tion was made in this Court on behalf of Commis- sioner Van Nort, of the Department of Public Works, for a peremptory mandamus requiring the Comptroiler to deposit in the Chemicai National Bank money to the crodit of the Department of Public. Works. to be used for the payment of work- men on the Boulevard and other uptown streets. This was asked to be done in pursuance of the act of the last transferring supervision and of the = up- partment of Public Works, an act the Comptroller claims to be unconstitutional. The matter came before J Leonard, wh hearing the argument of Mr. Henry H. Anderson in behalf of Commissioner Van Nort and the reply of Mr. Strahan on behalf of the Comptroller, granted the application and then declared the act to be constitutional. The mandamus was eerved, ac- cording to the statement of Mr, Anderson, promptly on the Comptroller, but the latter took BO steps to comply with its requirements, or, as Mr. Anderson puts it, paid no more attention to it than to so much waste paper. A motion was ac- cordingly made to PUNISH THE COMPTROLLER FOR COMTEMPT, and this was set down to be heard yesterday. Mr, Strahan claimed that the whole matter ought to be taken up de novo, inasmuch as the counsel peevionslp presenting the case on the Comptroller's half failed to call the attention of the Court toa statute which by implication repeals the act in question, and under which the moneys have been ordered to be given up by the Comptroller to the Department o1 Public Works, or which amounts to the same thing, placed to its credit In bank. Mr. Anderson insisted that the Comptroller's action was the plainest possible case of contempt of Court, and that such reokless disobedience of the mandates of the Court should be promptly and properly punished, Jud; cher suggested that Judge Leonard would be the more proper person to hear the mo- tion, as he had granted the mandamus. Mr. Strahan—I object to Judge Leonard for va- rious reasons I do not care to mention. Mr. Anderson—I have no choice of Judges, but 1 want to hear the counsel’s reasons for objecting to Judge Leonard. There was some further cross-firing between counsel, although the reasons did not come out. It was finally arranged to hear the motion to-day, and also another motion for a mandamus to com- pel Commissioner Van Nort to send to the Comp. troller the certificate of claims on account of which the money asked for is to be paid, or in. other words, the pay-roll of the Boulevard and other laborers, BUSINESS IN THE OTHER COURTS. UNITED STATES DISTRICT COURT. Decision in Admiralty—Collision. Before Judge Biatchford. Yesterday Judge Blatchford rendered his decision in the case of the New Jersey Railroad and Trans- portation Company vs. The Propeller John Taylor. The libel was filed to recover damages for a colli- sion which took place between the ferryboat John 8. Darcy and the propeller John Taylor on the Sist of October, 1867, just below the ferry slip at the foot of Desbrosses street. The Judge holds that there must be a decree for the libellants, with costs, with @ reference toa commissioner to ascertain the damages sustained by the libellants. W. R. Beebe and J. C. Jackson for the libellants. C. Van Santvoord Jor the claimants. UNITED STATES CIRCUIT COURT. The Argument Calendar. Judge Woodruf,, sitting in the United States Cir- cuit Court in this District, at his chambers, will take up the argument calendar and writs of error on Tuesday next, the 19th inst. SUPREME COURT—CHAMBERS. Decisions. By Judge Fancher, John B, Cornell et al. vs. William R. Hodges et al.—Both motions denied for new trial and to set aside order of arrest. Richard R. Butler vs. William B. Clerke.—Motion for receiver granted and plaintiff directed to pay over the money to him to abide the event, ‘William B. Clerke vs. Richard R. Butler.—Motion to reduce the bail on order of arrest is denied, with $10 costs, By Ju Ingraham. The Peeele. &c., McDowell vs. the New York cas Society of Operative Masons.—Motion jenied. The People, &c., McLaughlin vs. Same.—Same. The People, &c., O'Dowd vs, Same.—same. In the matter ot petition of William ©, Dickel to vacate assessment.—The assessment in this case should be vacated. COURT OF GENERAL SESSIONS. A Bold Young Pickpocket Sent to the State Prison. Before Judge Bedford. In this Court yesterday John Hanley, a young man, who was indicted for snatching a pocketbook, containing $28, from Mrs. M. H. Brush, on the 7th of October, while walking through Madison avenue, pleaded guilty to an attempt at petty larceny from the person. A Youthfal Burglar. David Martin pleaded guilty to an attempt at burglary in the third degrec, he having burglar- fously entered the grocery store of Hugh O’Brien, 482 Ninth avenue, on the 28d of October. The pris- oner was detected before any property was taken. Hanley and Martin were each sent te the State Prison for two years and six months, An Aged Man Convicted of Forgery. Charles A. Miller, an aged man, was tried and convicted of forgery in the third degree. The facts proven by the prosecution were that on the 18tn of October he purchased a bill of groceries from the firm of Pool, Nazro & Kimball amounting to $55 stating that he was a member of the firm or weigh & Wilson, Wilbraham; that on the following da: the prisoner called and presented a check on the Agawam National Bank, payable to the order of Tight & Wilson, for $775, in payment for the oods, receiving a check from Mr. Kimball for the Batanses that shortly after he left the firm sus- cted that something was wrong, and succeeded im stopping payment of the check at the bank as the accused was about presenting it. He was ar- rested in the bank. Assistant District Attormey Fellows called the cashier of the fot hedge Bank of Comnesen Mass., who pronounced the $775 check a@ forgery. Mr Witte F. Kintzing, the counsel for the ac- cused, peeeeniee a question of law, claiming that the indictment was defective in that it failed to set out the endorsement on the check. Judge Bedford reremed the point, to which Mr. Kintzing ex- cepted. e jury rendered a verdict of guilty, but, at the counsel’s request, the prisoner was remanded till Monday, when he will present authorities to sus- tain his point on a motion for a new trial. A Chi se Conspiracy=—The Conspirators Discharged. Mr. Fellows callcd the attention of the Court to the case of Me-Heng and Lo-0-0-0, which was a charge of conspiracy to incite another to commit larceny. The parties were Chinamen, and it seemed that the complainant, John A. Laoom, left New York for Havana, having $100, and that the de- fendants apprized some of their countrymen WA letter that he was going, and to rob him upon hfs arrival. They succeeded in doing so, and Lacom returned to New York to prosecute the conspira- tors, The prosecuting officer was satisfied that he could not convict the defendants, he being unable to prove an overt act, judge Bedford discharged them. COURT OF SPECIAL SESSIONS. Before Judges Coulter, Cox and Shandley. Some forty cases were on the calendar yesterday merning. The first case was that of Hannah Stewart against Charles Stewart, her husband, whom she charged with brutal treatment. When Mrs. Stewart's name was called, a pale, sickly woman, clad in a shabby alpaca dress, with a green plaid shawl en- veloping her shoulders, appeared, leading three children, the eldest not five years of age, her eyes badly cut and disfigured, and her visage otherwise discolored. As she stepped on the witness stand she said :—Judge, I don’t wish to go apy further, because he has been the only support of myself and the children,” Judge Cox—Is this the first time he has beaten you? Mrs, Stewart—No, sir, he has beaten me before; but this time I don’t think he knew what he wus doing. He was crazy with drink. Three men brought him from the Bowery, and when they went out he commenced to abuse me. Judge Cox—What did he hit you with? Mrs, Stewart—Only with his fists, sir, Counsellor Hummei here interposed, stating that the prisoner was the only support of his fam- ily, and the charge was merely the product of do- mestic difficulties. The prisoner, a man of powerful build, with red {Ed and mustache, then asked the Court to be rd in his own defence. Being sworn, he said :—This is going on along time. | was arrested before, on the 24th of last May, on something like this, ‘The truth is she has been In the habit of get- ting drunk, and many 1s the time I had to get the supper for myself and the children. This last time ~ was the same old story, and I was provoked by er, Stewart's plea was accepted in mitigation, and ne received one month in the Penitentiary. William Crawford, a medium-sized man, of light complexion and mtly honest propensit! was placed at the accused by one Bar! Mischat with stealing $5 from her, Barbara’s statement was rather confused. She stated that she had met Crawiord and given him a genuine $5 bill, in exchange for which she received a counter. feit note of the same denomination. This mode of presenting the case rather puzzled the magisterial trio, and they accordingly endeavored to elucidate the matiar after: Judge Cox flooking at the witness for some — oy not been in the Insane Asylum ? Witness—Yea, zur; I have been dere; I hev peen to Vard’s Island, to Blackwell's Island, to n, pack and all over, Crawiord now interposed. ‘Judge I would like to have somet! to say in this affair.” Judge Cox—Well, then, speak out. What have you to say? Crawford—Sati night, I was standing at the corner of Bayard street and Bowery, talking to some friends, when this ‘ere gal came up and knocked against us; I says, ‘Where are you geing, Bis?” she 8, “I don’t know where Iam going; I've got no home, no friends and no place to go to;” I had a room, and, feeling sorry for her, brought her along out of pure charity; I gev her supper and her meals all next di: muna, arbara Copter —He gif me nordings dot I dond bay for; I gif fourteen cents for my break- fast dot morning, and he gif me back a bad $6 bill, Crawiord—Your Honor, that woman is as crazy asabed bug; five minutes alter I saw her I was sorry I had anything to do with her, Judge Cox consulted with bis colleagues, and Crawford was remanded to enable him to furnish proof of good character. A wretched-looking creature named Mary Smith, frightfully distigured, charged one George McKier- nan with assault’ and battery. According to the testimony of the officer who arrested the prisoner, the Jatter, peving first endeavored to take inde- cent liberties with her, in the neighborhood of ave- nue A and aeeniysecans street, finally knocked her down and maltreated her in the most brutal manner. i Judge Coulter sentenced the brute to one year in the Penitentiary and $250 fine, to stand commit- ted until paid. TOMBS POLICE COURT. Alderman Coman on the Bench. Alderman Coman was acting magistrate yester- day at the Tombs Police Court in the apsence of Justice Dowling. Robert Sherrard, Jr., and Amzi Dodd, President and manager of the New York Transfer Company, preferred a charge against one Edward Valentine, employed by them as receiving clerk at pier 39 North River, of embezzlement to the amount of $1344. Thomas F, Toel, a driver, swore that he had collected that amount as freight on the 5th of November last and paid it over to the prisoner, who had failed to account for it tothe company. Valentine was held for examination. ‘Thomas Madden, a native of Maine and a waiter by occupation, walked into the Astor House billiard reom poapapeil and in the course of his promenade espied an overcoat of the value of $40, which took his fancy, and which he accordingly appropriated to his own individual use, benefit and Senor. Jesse Smith, an attaché of the house, detected him in the act and procured his arrest. He was held in $1,000 to answer. COURT CALENDARS—THIS DAY. SupREME Court—Circuit—Part 1—Held by Judge Van Brunt.—Nos. 509, 106334, 2711, 2733, 2053, 2429, 3305, 3579, 3595, 3621, 3623, 3629, 3633, 3641, 3645, 3667, 3683, 3689, 3601, 3709, 3715, 3721, 3720, 3767, 3769, 3771, 3923, Part 2—Held by Judge Barrett.—Nos, 143634, 3660, 315034, 3572, 3748, 3698, 3600, 3684, 3604, 3736, 30341, 26234, 118634, 154634, 2830, '2702,” 2952} 2094, 30384, 3220, 3388, 3434, 3464, 3634. SUPREME COURT—GENERAL TERM—Held by Judges Ingraham, Leonard and Brady.—Nos. 48, 11, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 63, 105, 106, 107, 1, 130, 184, 135, 136, 137, 138, 139, 140, SUPREME COURT—CHAMBERS—Held by Judge Fan- cher.—Nos. 232, 65, 74, 75, 76, 77, 78, 80, 82, 87, 88, 97, 98, 104, 130, 142, 147, 165, 156, 167, 168, 160, 185, 192, 194, 197, 198, 208, 210, 214, 218. Call 223, SvureRIOn CoURT—TRIAL TERM—Part 1—Held by Judge Curtis.—Nos. 2009, 2007, 1964, 1766, 2067, 2137, 2100, 2170, 1925, 1898, 2101, 2225, 2191, 2223, 2207, 2220, Court Or ComMON PL¥AS—TRIAL TERM—Part 1— Held by Judge Loew.—Case on. Part 2—Held by Judge Larremore.—Case on. . Court oF Common PLEAS—EQuity TeRM—Held by pe Robinson.—Nos. 66, 61, 47, 68, 46, 41, 67, 69, MaRove CourtT—TaiaL TRRM—Held by Judge Cur- tis.—Nos. 791, 553, 651, 689, 1497, 751, 787, 1085, 1087, 1089, 1091, 1093, 1095, 1097, 1099, Part 1—Held by Judge Spaulding.—Nos, 678, 602, 776, 560, 666, 442, 588, 760, 832, 644, 556, 696, 796, 1082, Part 3— Held by Judge Joachimsen.—Nos, 241, 397, 186, 475, 863, 869, 895, , 899, 900, 901, 902, 903, 904, Court oF GENERAL SESSIONS—Held by Judge Bedford.—Robbery, Alfred Hamill, William Ryan; burglary, William Davis, James 8. Sweede; for- gery, lax Loewenthal, Henry Vole; felonious as- sault and battery, James Farrell, fhomas Farrell; bigamy, Jasper Van Riper; grand larceny, Alvin Morin, Joseph Brant, William 8. Brown; petit Jar- ceny, David Freidenbar (two cases), BROOKLYN COURTS. UNITED STATES CIRCUIT COURT. Is This a Patent Pavement? Before Judge Benedict. Counsel for @ ‘patent pavement” contractor yes- terday applied for an injunction to restrain the Board of Oity Works from entering into a contract to lay a pavement on Henry street, which the con- tractor says infringes on his patent. Corporation Counsel De Witt said that a pavement of exactly that description was laid in the Bowery, New York, thirty years ago. Mr. De Witt also claimed that there could be no patent in the form of a stone, and if there could be the Board had not got the form called for in the patent. It was contended in opposition that the contrac- tor had a large amount invested in his patent for Just such a pavement as the Board intended to lay on Henry street, and he would sustain a heavy ‘pecuniary loss if the Board were not restrained, Decision reserved. CITY COURT—SPECIAL TERI District Attorney Britton’s Libel Suits. Before Judge Thompson. District Attorney Britton has instituted three actions against Henry A. Richard, the proprietor of a local sheet, for alleged libel, and bail has been fixed at $10,000. Yesterday defendant's counsel moved for & reduction of bai! in the second sult. A similar motion in the first suit was denied by Judge Neilson. Defendant's counsel yesterday said that the articles complained of were such that at any time except during @ political canvass would not be noticed by cM public officer. Counsel for Mr. Britton said they could not search the English language and find @ more in- famous libel. The subsequent libeis were an ag- gravavion of the offence, and the Court should be strict in fixing bail. During the discussion, it being charged that Richard was a fugitive from justice, his counsel stated that he Yon had en engaged for gome time past in an important civil suit in New York, and could be found there. An afMidavit to that effect will be presented to the Court, andin the meantime the decision is reserved, BROOKLYN COURT CALENDAR. SUPREME CouRT—CIRCUIT.— Nos. 24, 37, 43, 73, 85, 125, 166, 166, 168 to 174 inclusive, 176, 177. Crry COURT.—Nos, 120, 220, 312, 271, 30934, 315 to 332 clusive, 340}, 341, 3413. UNITED STATES SUPREME COURT. Appeals from the Court of Claims— Steamers Chartered by the Government During the War. WASHINGTON, Nov. 14, 1872. No. 228. New Bedford and New York Steam Pro- pelier Company vs. United States—Appeal from the Court of Claims.—This was a demand for a balance due under a charter party with the United States, and for the loss of the steamer Thorn while in the employ of the United States. The vessel was valued by the charter party at $40,000, and it was agreed that if the vessel should remain in the service so long that the money paid on the charter (alter deducting actual cost of running and repair and a net profit of thirty-three per cent on the appraised value) should be equal in value to the estimated value of the vessel, then it shall become the property of the government with- out further payment, except such sum as was due on account of the service of the vessel. Eleven months after the company put in a@ claim for the $40,000, besides the balance due on the charter party. The department, however, disallowed the account rendered, and found to be due, under the reement for the vessel, only $23, 26, which sum was paid and receipted for by the company. The Court below held that whether the govern- ment elected to purchase and did purchase the ves- sel, or whether the vessel was lost by the peril of the sea—against which the government was to in- gure—the accruing clause of the charter party was equally applicable. It was only the balance due on the price of the vessel, under the agree- ment, and not the valuation, the company could claim. ‘the appeal claims that unless the earnings amounted in value to the $40,000, there was no op- tion to purchase, and the government were not therefore entitled under the clause. C, H, Hill, for Llanes Chipman, Durant & Peck, for claim- No. 229, Clyde vs. United States—Appeal from the Court of Claims.—This was a claim for services of two steamers chartered to the government, one at the rate of $300 and the other at $350 per day, Subsequently the Quartermuster General issued or- ders reducing the rate for the former to $175 and the latter to $200 per day, and upon closing the account the department paid that sam, which ‘was received by claimant and a receipt given in fusl for the account. The Court of Claims held that this settlement, by recefyt in fall, accompanied by the acceptance of the amount declared to be due the department, must be considered a bar to the action. The HS wy claims that the steamers were demanded of the government immediately upon notice of reduction of pay, and that the department retained them inst the will of the ownery and that, for thts reason, the claimant is entitled to the full amount as originally fixed. In view Of this fact it is contended that the receipt , 179, 254, Inclusive, 334 to sion: 2x0, | NEW YORK HERALD, FRIDAY, NOVEMBER 15, 1872.-TRIPLE SHERT. given cannot be P chai |. Durant appellant; ©. H. Hill for pte en No. 231. Martin et al. va, The United States—Ap- peal from the Court of Claims.—This was a claim for a balance due for the services of the steamer Sylvan Shore on an agreement for $200 per day. She was paid at this rate for several months when the department reduced the amount to $100 per day, The claimants protested and constantly de- manded the original amount but, still consented to receive monthly the reduced amount, and, it is claimed by the government, continued the vesseb in the service. Upon these facts the Court below held the claimants to have consented to the reduc- tion, and, in effect, to have rechartered the vessel at $100 per day, The judgment was for the govern- Ment. The appeal claims that the vessel was de- manded of the government when the price was re- duced and that the department refused to dis- charge her. The receipt, it is said, does not change the legal aspect of the case if the Court is satisfied that there was refusal to discharge the vessel when demanded, Chipman, Durant & Peck for appellants; C. H. Hill for the government. No, 232, Seavy et al. va, The United States—Ap- peal from the Court of Claims.—This was a case similar to those above. The elaimants chartered the steamer Mattano to the United States, and while lying at Port Royal, in 1863, she was ordered out to make room for another, In going out she struck an anchor sunk in the harbor and was sunk. The claimants having assumed the usual marine risks, the Court found this to be an ordinary risk of that character, and that the government was hot liable, Iti here claimed that as the risk was one which the officers of the government com- pelled the captain of the steamer to run, the gov- ernment should be made responsible for the loss, At is also urged that the government was to insure against extraordinary risks, and that this was such, Thomas J. Durant and Chipman & Hosmer for claimants; C. H, Hill for government. COURT OF APPEALS DAY CALENDAR, ALBANY, Nov. 14, 1872, The following is the Court of Appeals day calen- dar tor November 15:—Nos. 344, 896, 343, 434, 189, 418, 487, 488, A WIFE AQOIDENTALLY POISONED, A Singular Case. For a year or two past Mrs. Catharine G, Boden, late of 27 Orchard street, has suffered intensely from rheumatism, and a few days ago Mrs. Bray, a friend, recommended a decoction of colchicum seeds. The prescription was accordingly filled by Mr. Boden, the husband, and on Saturday last his wife took the first dos® of colchicum in some gin, Excessive vomiting and purging followed, but, partially recovering. another dose of the poison Was swallowed by Mrs. Boden on Monday. She rew rapidly worse, when Dr. Husted, of East roudway, was called in and administered anti- dotes, but without effecting any permanent relief, and death ensued on Wednesday, Deputy Coroner Joseph Cushman, M. D., yesterday made a post-mortem examination on the body and found intense inflammation of the stomach, the result of the poison, which was the cause of death, The husband of deceased is in great distress at the occurrence, but no blame seems to attach to him. Owing to the absence of important witnesses: the matter was raves till Sacurday when it will be thoroughly investigated before Coroner Schirmer. Deceased was about forty years of age and a native of Ireland, It nas not yet been learned {rom whom the poison was procured. FIRE IN WASHINGTON STREET, Shortly before ten o’clock last night a fire broke out on the third floor of the three story brick build- ing No. 317 Washington street, that caused a dam- age of about $15,000, The house was occupied by George Brain & Sona, coffee roasters, who were in- sured, The goods in the basement, which was oc- cupied by J. H. Roberts, commission merchant, were damaged to the extent of $1,000 b water, Insured in the Actna, of Hartford, and Mechanics and ‘Traders’ Insurance Companies for $6,000. The fames extendea to the roof of No, 315 in the same strect and caused considerable damage. The building is the property of J. Rugleman. The second and third floors of the last house was injured by water. Fire Marshal MeSpedon will hold an investigation into the cause of the conflagration to-day. UNITED STATES SURVEY OF THE PLAINS. ee Pointings of the Magnetic Needle. {From the Denver News, Oct. 19.] We are privileged this morning to give the prac- tical substance of the resuits obtained by Dr. 'T. C. Hilgard, formerly of St. Louis, who is conducting the Bache magnetic survey of the States and Ter- ritories. This important survey is carried on under the joint trasteeship of the Smithsonian tnatitu- tion, the United States coast survey and Professor L. Agassiz, on the scanty proceeds of the legacy of Professor Bache, the late superintendent of the United States Coast Survey. Proceeding from Golconda, on the Ohio River, in Southern Illinois, in October, 1871, the survey was carried through the northern line of the Onto States, by Vincennes, Indianapolis, Richmond, In- diana, Columbus, Ohio, to near the “neutral line,” or the line which embraces all the points where the pointing is due north. It ought to be at once understood that in all localities east of that line (which at present passes through Eastern Ohio and North Carolina) the pointing of the compass needle is westward, and west of that line eastward. The neutral line has been Tel 0 travelling from Annapolis, in 1801, to Raleigh, N. C., in 1870, and is at present moving westward at an increased rate. a The exploration in the Winter of 1870 to 1871, of the Mississippi vaney through New Albany, near Louisville; Edgefield, near Nashville, ‘Tenn. ; Memphis, Corinth and Oxford, Miss.; Grenada, Miss.; Jackson, Miss.; Vicksburg, Natchez, Baton Rouge, New Orleans, the Plaquemine plantations, and the mouths of the Mississippi river (Southwest Pass and rass a l’Outre), established the important fact that the variation— east—was about one-half a degree less than had been anticipated from the scanty data of a few previous observations, exact astronomical and jagnetic observations having only been carried out along the Atlantic, Guif, and Pacific coast, as incident to the operations proper of the United States Coast Survey as such. Professor Bache, the late Superintendent, having personally en- gaged in a series of inland etic observations, it was judged advisable to continue this system on the proceeds of his vg ap for the prosecution of scientific observations in general, on an extended Beale. It is @ fact ba tanh of notice, that in the axis of the Mississippi Val! ey the lines of equal variation— east—or ‘isogonic lines,” run nearly north and south; so that New Orleans and the city of St. Louis, Mo., have about the same pointing—seven degrees east. On the Pacific shore, on the con- trary, and inland, the lines of equal pointing run neal ast and west; whereas the entire area of the tervening tract, inclusive of Missouri, eae and Colorado, remaincd essentially unex- 101 . Pimne fands having been deficient Dr. Hilgard ished the survey thus far on Pen means; ut was aided by the liberality of the St. Louis and Kansas, the Kansas Pacific and the Denver and Rio Grande railroad companies; from St. Louis to Herman, Mo.; Sedalia, Kansas City, Salina, Ellis, Wallace, Denver, and Pueblo, with a view to carrying the same to Hughes, Boulder and Cheyenne, &c. At the for- mer places, as well as at Dubuque, lowa, Wenona, Macon and Highland, Ill, and at Cairo, Il, corre- sponding observations were taken and at most places @ meridian or true noon line was determined ‘within the limits of instrumental accuracy, In order to make the following data, for which we are indebted to Dr. Hilgard, practically avail- able, due regard must be had of the trend of the isogonic lines; by which, for example, San Diego on the Pacific coast, is brought to about the same line as Wallace, Colorado; and Pueblo about three-fourths or a degree east (in pointing) of Denver. The dip of inclination of the needle, or rather of the beta tts force when free to act, is likewise subjoined, ninety degrees meaning the vertical. The culminating vortex of the magnetic current, or the so-called magnetic pole, is at pres- ent assumed in Boothia Felix, on the polar circle. It will thus be understood that while the neutral line was once at Cleveland, Obio, the pointing at Boston was eleven degrees west, and at Victoria, Vancouver's Island, about twenty-three degrees east! In the following table the variation given implies the mean variation of the whole twenty-four hours that very uniformly tak lace at about six o'clock Pp. M. The range of daily variation, ‘it is well known, between seven o'clock in the morning and the hottest part of the afternoon, in the West, usu- ally amounts to irom ten to eighteen minutes of angie. Keeping all these facts in mind, the follow- ing table of results will be tound generally useful to surveyors and travellers, especially in the plains. Places, Variation East. Dip, deg. min, deg. min, St. Louis, Mo.... 7 0 69 «85 Herman, Mo. - 8 69 0.22 Sedalia, Mo. 9 a 68 «50 Kansas City, 10 46 69 «(06 Manhattan, Kans: 10 (56 68 48 Kansas..... ‘2B @& or 52 Wallace, Kansas. -1 6 67 32 Denver, Co! 4 88 67 40 Pueblo, Col. 13 see 50 66 aT In the latter case the influence of the decrease in latitude becomes very marked, owing to the trend of isogonic line@. The latitude of Pueblo was de- termined at about 38 deg, 17 min,; that of Denver at 89 deg. 44 min. ; all these determinations, how- ever, leaving a slight Margin of possible error of about one-half to one minute of angle. As it is desirable to correct the magnetic maps as at present in use a similar survey ‘ought to be at once instituted along the Union Pacific route, in order to fully harmonize the magnetic systems of the Pacific, the Mississippi, the Atlantic coast and Canada, in whicn latter section the British govern- ment is ore ‘on @ similar survey, as it has here- tofore been conducted 4 tain Sabine all along the accessible coasts of the globe. Almost until now of the interior remains a pri- heads of the leading govern- seentite instiintions of the re: vate enterprise of the legated country 6 THE COUNTY CANVASS. The Envelopes of the Returns Corrected and the Seals Broken—Commencement of the Can- vase—A Secker After Comptroller Green’s Office—Another Obstacle Raised, but Corrected. The Roard of County Canvassers reassembled yesterday morning in the chamber of the Board of Supervisors. There was a large audience, and the body of the room was occupied by elected and de- feated candidates. Among those present were Colonel George Bliss, Commissioner Jotin I. Daven- port, Mr. Thomas &. Stewart and others. Alderman Conover, in presiding, said that the committee appointed to examine the returns at the session of the Board yesterday had found that nearly all of them were not legally endorsed by the poll clerks and inspectors, as required by the law. Of the whole number of returns only a hundred and forty-eight had the necessa endorsements, CORRECTING RETURNS, The business of the Bourd was then suspended to enable the committee, of which Alderman Van Schaick is chairman, to examine the returns and require the poll clerks to sign them. The committee retired to an ante-chamber and proceeded with their work, All through the rest of the afternoon the committee was engaged in this duty, the poll clerks and inspectors coming up in their turn te sign on the envelopes. A large body of them be- sieged the committee room doors all day. REASSEMBLING. The Board reassembled at twenty minutes past three o'clock, Supervisor Conover presiding, Messrs. Joyce and Cochrane were appointed a Com- mittee to superintend the signing of returns by inspectors who are yet to report, 80 that the can- ‘Vass nay not be delayed, Supervisor Coman was appointed as canvasser for the First Assembly district, and as such took his seat In the high chair next to high chairman Conover. PROTES A protest by one John Green, claiming his elec tion to the Comptrollership in place of Andrew H. Green, whose time, according to Rapp, expires on the Jast day of December next, was received, read and referred to the Committee on Protests, A protest against the canvass of votes for Timothy J. Campbell as Assemblyman, from John C, Rapp, was also received and similarly referred, THE CANVASS ACTUALLY COMMENCED. The envelopes were finaly opened and Mr. Coman commenced bis work, When he had read the returns for President and Vice President from the First Election district, Mr. Plunkitt startled the Board by the introduction of THE FOLLOWING RESOLUTION :— Resolved, That the canvass of the yote given for Alder men of the’ city and county ot New York shall not be pro- a ‘with untitit. shall be found that. the provisions ion 4 of the E 1872 deen uy complied with: asted on each statement, stating in words immediately opposite such ballot, and w such ballotand partly on the paper to w pasted or attached, the whole number o hat were received which correspond nthe one so pasted or attached, s0 that one of each kind ot stion law of have “a ballot of each kind to be full length the ballots received at such election for the oftic # then ment of such canvass. I only one ballot, pasting it on statement to Clerk ot Board’ of Supervisors, and if two Pasting one on statement to | Clerk of Kupervisors, And one on statement to County Clerk, and_ pastin defective ballots on sta to Clerk of the Board of Supervisors, and where these provisions have not beer complied with that the canvassers in such districts be sent for. This threatened A COMPLETE ESTOPPEL of the work of canvassing the Aldermanic ticket, and as it was immediately amended by being made to apply to the vote for Electoral, State and county tickets as well, it was likely to prove an insur- mountable obstacle if admitted by the Board. A proposition to lay it on the table was lost by eight to six, and it came up for DISCUSSION. Mr. PLUNKITT said he merely desired to protect the inside of the ballot, now that the outside had been so righteously guarded; he did not wish to overload the canvass or to embarrass it, but he wanted to carry out the law. Mr. COCHRANE declared that he was opposed to the proposition, because it would VITIATE THE ELECTION that had just been held. The question was whether the mistakes of a poll clerk or un inspector would be allowed to 80 upset av election under this con- struction of the law—under so literal a rendering of it our labors here are arrested and arrested for- ever. If we follow out the literal letter of the law we annul the decision of the people. ‘The resolution was then Lost by a vote of 7 to 7, and the canvass proceeded, IMPERFRCT STATEMENTS confronted the canvassers at every turn and every return. The returns of the Second Election dis- trict of the First Assembly showed no statement ofthe Congressional vote in one return and two statements of it in another. In the Second Elec+ tion district of the Second Assembly there was only one name signed to the returns, that of a poll clerk. There were no tickets pasted on any of the returns, aud in some THERE WERE NO TOTALS; but a vote of the Board set these matters rient ana@ allowed the statements. In one instance eeorre P. Bradford had twenty-six votes for Alderman in one return and forty-six in the duplicate, and in this and several other cases the officers of election at the designated districts were required to cor- rect their returns. The officers of the Second, Filth and Sixth Election districts of the Second Assembly were thus called upon. With these drawbacks the canvass proceeded smooth! Keay although totals that indicate anything of interest were given. CITY STEAM CARS. The Epizooty and Steady Travel—Hare lemites and Patience—The Ai tant Aldermen Very Cautious About Per- mitting Steam Cars on the Tracks— Public Opinion on the Subject. * 'The epizooty has had the advantage at all events of bringing prominently before the public the need there is for some certain mode of travel in the city, |, 8 wellas for the comforts and conveniences of rapid transit. Necessity being the mother of in- vention, no doubt were we to be completely de- prived of EQUINE MEANS OF LOCOMOTION, some invention would be hit upon to supply the required need. As has already been stated in the HERALD, & steam car has been brought on the tracks, tested on the Bleecker street line—the most crooked and vexatious of any in the city— and found to be @ perfectly feasible method of conveyance. Last Monday the Board of Aldermen was petitioned for permission to allow the steam cars to run on city tracks, and the Board granted the permission. Yesterday the subject was brought before the Board of Assistant Aldermen, but that body re- ferred the matter to its Committee on Railroads. How long, therefore, it may be be- fore a decision will be rendered it is diMeult to tell; and if the committee refuse its sanction, then the prospect of being forever rid of the troubles of evizooties and dropsies, &c., is deferred toan indefinite period. This epizootic calamity has made people wonderfully sensitive on the sub- Ject of railroad cars; for, while If IS VERY HARD TO GRUMBLE about giving a sick horse needed rest, yet it is also @ matter of very serious consideration for a rational animal te have to trudge through the streets for several miles im such unpleasant weather as last evening was. If, asit is confidently as- serted, the steam car ‘x7 all the advantages of the horse car—with the same facility for stop- pages and a greater facility for resuming motion— aud at the same in the Winter months is com- fortably warmed. the expense incurred by the companies in baiiding them shouid not be thought of for @ moment, espocially as they can be ran at @ cheaper rate than the horse cars, Such was the opinion given hace ng § by several persons with whom conversation was held reiative to the sub- ject. At all events, this new steam car system, though, perhaps, it may not be adopted at the pres- ent time, must prove to be the forerunner of simi- - lar cars at no distant day all over the city. It is said that the principal ratiroad companies look with a sinister eye at the steam intruder, and that some of them unceremoniously refused to give ita chance for trial on the tracks of their routes, But if the new car has all the merits claimed for it, and especially if the epizootic aropsy continues to in- crease with much greater fatality, the railroad people will probably hated glad to accept the sit- uation and thus afford another example of THE VICTORY OF STEAM, Last evening was so disgustingly wet that the “steam car’ vied with the “epizooty” in demand- ing the consideration of persons concerned. AS @ strange effect of the epizooty it may be mentioned that, though nearly all the lines of cars were run- ning their full numbers last evening, yet people felt fully convinced that great interruptions had occurred both in time and the speed of the travel, and grumbled much about the Canadian peculiar disease. There is nothing like a wet day to arouse THE “BILE” OF PEOPLE RESIDING AT HARLEM, and Mag likely before long we shall have a general outcry for steam cars, and enough of them for all the routes of the city. Serious opposition to the ateam cars, however, is sure to arise, and already there is & sufficiently powerful interest inst their introduction. A competent investigation lt likely to aiford the public a knowledge of the ad. vantages or the disadvantages of the proposed now 1 ¢ara