The New York Herald Newspaper, November 17, 1872, Page 6

6 THE COURTS. SS, AN OLD JACKSONIAN APPOINTEE. Buit on a Bond for $25,000 Against a Pay- master in the Navy and His Sureties—Al- leged Insanity of the Principal De- fendant—The Amount of Deficit $23,000—Judgment of the Court for All the Defendants. ARE POSTAGE STAMPS PROPERTY ? A Curious Point at Common Law---Abstraction of Postage Stamps by a Clerk---Objeetion — Raised to the Indictment in the Case--- Objection Overruled---The Stamps Declared Property and the Pris- oner Held for Exainination. THE ROSE WCABE LUNACY CASE. Conclusion of the Examination of the Wit- nesses—A Medical Expert on the Stand— Living on Nothing but Starch for Three Weeks—The Case To Be Summed Up on Thursday Next. a TOLONEL BLOOD'S CERTIORARI CASE. Application to Reduce the Bail of the Ac- cused—All the Papersin the Fowler Examination Presented to the Court—Objection to Bail—Case To Be Reheard To-Morrow. ‘The Lagrave Alleged Swin- diing Case. uP te a Whe Arrest of Lagrave Under Seven Civil Orders—Claim of Illegal Arrest While Under the French Flag—Aileged Kidnapping—Final Disposi- tion of the Case To Be Made on Monday. ella A REAL ESTATE OWNERS AND BROKERS. —__¢ The Uses to Which Houses Leased by Agents or Brokers May Be Put—A Knowledge of Im- proper Uses Cancels the Claim for Com- mission—Important Decision by Judge Shea in the Marine Court. THE RING FRAUDS AGAIN. soe es we = lotion to Quash the Indictment Against Hugh Smith and Others Charged with Conspiring to Defraud the City Government—Argument by Consent Postponed—The Points To Be Submitted in Writing to Recorder Hackett. cleo SELES THE BUSINESS IN THE OTHER COURTS, aa i a Summary—Voluntary Petitions in Bank- ruptcy—Decisions, Judge Blatchford decided yesterday in a case which was brought before him on a writ of certio- rari, where a person has been indicted tor stealing postage stamps from a post office in Connecticut, that postage stamps must be regarded as prop- erty. In the United States Circuit Court Judge Ship- man heard tne case of the Government vs. Benja- min J. Cahoone and others, which was 2 suit upon & bond to recover $25.000. Mr. Cahoune was a Paymaster in the navy, and the government alleged that his accounts showed a deficit of $23,000. The defence was that Mr. Cahoone is a Junatic, and that at the time he entered into this bond he was in- capavle, owing to the imbecile condition of his mind, of making any contract whatever, Judge Shipman rendered judgment in favor of ali the defendants. A decision was rendered in the Marine Court yesterday by Judge Shea which has an important bearing on the relations between the owner of house property and his agent for the leasing of the same. From the decision given in full below it will ‘ve seen that a knowledge on the part of the agent, not communicated to his principal, that prem: are to be held for improper uses cancels the claim for commission or brokerage. The decision will be found of considerable interest to all interested in the renting or leasing of house property. The long drawn out examination before Judge Sedgwick, of the Superior Court, as to the sanity of Rose McCabe, the alleged lunatic nun, was yesterday brought to @ conclusion, i anything the closing testimony of this certainly curious case presents more varied and interesting features than tue tes- timony previously offere?, The doctors, of course, disagreed as usual, Father McAleer, against whom she charges all her alleged tronubies and persecu- tions, was one of the witnesses, and in his testl- mony fully exonerates bimegelf from such charges, Her own story—or rather its second edition --is the most curious of all, aud especially her statement of living three weeks on starch alone and one week on a “cup of tea and a crumb of bread.” is o be summed up on Thursday. ‘The case of Alfred E. Lagrave, arrested a short time since on a charge of having perpetrated an extended series of wholesale swindling of our leading city merchants, occupied for some time y! terday the attention of Judge Fancher, hol the Supreme Court Chambers, before whem he was brought on a writ of certiorari, His counse:! claim that he was arrested on hoard of a I’rench steamer while still under the authority of the French Republic, and of course beyond the jurisdiction of our Sheriff. On the other hand it is claimed that his arrest ‘was perfectly proper and legal. In his inability to arrive atany decision in the matter, in view of | these conflicting statements, the Judge postponed further hearing till to-morrow, 20 as to allow the Sheriff fall opportunity to make a return as to the | particulars of the arrest. Another effort was made yesterday to efect the ‘release from prison of Volone! Blood, impicaded with Woodhull & Claflin in the tate libels. He was brought before Judge at | Supreme Court Chambers, was sought to get his bail reduced, and his counsel failing in this application was made for his discharge outright, the latter application being Dased on the ground that Judge Fowler, the com- mitting magistrate, did not properly sign the com- sastang paperp. This piece uf legui strategy failed rhe case | OE _ EO NEW. YORK HKRALD, SUNDAY, NOVEMBER 17, 1872—QUADRUPLE SHER, to work, and is was finally arranged to try and settle to-morrow between his counsel and the Dis- trict Attorney the question of his admission to dail and reliability of his proffered security. Meantime the Colonel spends another Sabbath in prison. The recent onslaught on the Broadway Gift Con- cern, which had the @ppearance of having a sub- stantiat moral basis, and perfected under the influ- ence of one of those moral spasms that scmi-occa- sionally affect our police, turns out evidently to be of the “ridiculus mus’ order. Application was made yesterday before Judge Fancher, of the Su- preme Court, for the discharge of George Wood, the proprietor of the place. On his counse! show- ing that he had violated no law the application was promptly granted and his discharge ordered. In the General Sessions yesterday, before Re- corder Hackett, counsel for Hugh Smith, who is jointly indicted with William M. Tweed and others for conspiracy, presented written points to sustain &@ motion to quash the indictment. By consent counsel for the prosecution are permitted to sub- mit their points within s week, when a decisoa will be rendered. AN OLD APPOINTEE OF ANDREW JACKSON'S TIME. Blase Ea Suit on a Bond Against a Paymaster in the Navy and His Suretics—Alleged In- sanity of the Principal Defendant—De- fleit $23,000—Judgment for All the De= fendants, Yesterday in the United States Circuit Court Judge Shipman tricd the case ef the United States vs. Benjamin J, Cahoone and others, his sureties, consisting of the following named persons:—Ben- jamin F, Bache, Louis T, Warner, Stephen D. Trenchara, Join F, Gray, John D. Gibson, John F. Ferguson and William M. Wood. The facts of the case, briefy told, are these:—This is a suit on a bond given by Mr. Caloone for the good and ijaithful periurmance of his duty as paymaster in the navy. Me was appointed to that position in | 1850 by President Andrew Jackson. The bond is for $25,000, and is dated 15th of April, 1864. In 1860 Mr. Cahoone’s accounts were examined, when it was ascertained, as alleged by the government, that a deficit of $25,000 existed therein. The defence is that about a year ao Mr. Cahoone was by the Supreme Court of this State declared a lunatic, and he now appears in the United States Court by his counsel, Mr. Algernon §, Sullivan; that at the time of the execution of the bond tn question he was imbecile, of unsound mind and not competent to make a contract. In 1856 he was invalided from the Chinese squadron, having had Chinese fever, and about that time he was married to his second wite. It is further claimed on the part of the defendant, Cahoone, that since that time he has been gred- ually losing his mental powers until about 180i, when his joss of mind became quite apparent. To sustain this position the depositions of ex-Surgeon General Horwitz and Surgeon Guion were read, It was stated in these depositions that Mr. Cahoone was incompetent to make a contract in 1861 on ac- count of the unsoundness of his mental condition, After hearing the case Judge Shipman ordered judgment to be entered for all the detvadants. THE POSTAGE STAMPS PROPERTY. A Curioas Point at Common Law—Ab- straction of Postago Stamps by a Clerk—The Indictment Sustaincd and the Accused Held for Examination, Yesterday in the United States Circuit Court Judge Biacthford had before him a somewhat curious point involving the question whether, at common law, postage stamps can be regarded as property. Some time since a young man namea Nathaniel G. Hayes was arrested in this city on a charge of having stolen from the Post Ottice of Hartford, Conn, a quantity of postage stamps. The defendant has been tniicted in Connecticut for that offence. After his arrest in this city he was taken before Commissioner Betts, to whom a copy of the indictment against the de- fendant was submitted, as one of the proofs upon which his removal to Hartford ior trial was sought. Defendant's counsel raised the point that the in- dictment was not good, inasmuch as the name of the foreman of the Grand Jury that tound it did not appear upon it. The Commissioner ruled against the view advanced by counsel, who then sued out a writ of certiorari, for the purpose of having the matter determined by Judge Biatchford. The point was argued yes- terday. Another copy of the indictment, with the name of the foreman of the jury that 1ound the bill inscribed thereon, was produced. Connsel thereupon claimed that at common law postage stamps could not be regarded ot and that, therefore, the prisoner could not be regarded as stealing them. Judge Blatchford took the opposite view; decided rhat they were property, and re- manded the prisoner for the purpose of having his examination completed before Commissioner Betts. THE ROSA M’CABE LUNACY CASE. ae Se Completing the Examination Before Judge Sedgwick, of the Superior Court—The Counter Testimony of Dis- agreeing Doctors—Father McAleer in the Matter and what Mr. McCabe Says, and Particularly on the Sub- ject of Low Dict. The examination as to the sanity of Rosa Mc- Cabe, the alleged lunatic nun, which has been in progress for some time before Judge Sedgwick, of the Superior Court, was resumed yesterday, a large crowd, very many of whom were ladies, be- ing present. As at the previous examinations, Mr. John D. Townsend appeared for Miss McCabe and Mr. Vanderpoel in opposition. The first wit- ness called was Dr. Choate. WHAT A MEDICAL GENTLEMAN SAYS. His testimony was very brief. He thought that Miss McCabe's disease was of that peculiar char- acter rendering her lable to exasperation and melancholy; she was not dangerous to hersel! at present, but might become som future; sic was not at all dangerous to others. DR. PARSONS RECALLED. The Doctor testified that Miss McCabe's chief danger was her inability to take care of herself; she was under constant apprehension of being poisoned; the result of this would be loss of health, and the possibuity of her injuring herself in her attempts to escape; she might attempt suicide; assuming her story to be true he did not think from observation that she was of sound mind; she had insane delirinms; these are classified as those self-evident and not se! FATHER M’ALEER AGAIN AS A WITNES Father McAleer being recalled testified that Dr. Mahon called on bim at the request of Miss McCabe; the Doctor id him that he was her friend, and that she had tela him that he (witness) had done her an injustice, and wished a recommendation from him. ploy Dr. Mahon to act in any par- ra to Miss Mocab A. 1 did not; 1p Conolly Avenue Hotel, at be’s request; he said that she was not in his | ;rigdiction and that he could do nothing for her; the Archbishop said nothing about her wearing her habit; no physi u's Island catled on me with regard to her to any one on ner accoun' that of the Sisters of Merc, On his cross-examination he testified that he | never heard a bishop tell her to take off her nabit; | ja imseit in conversation said that as | 1 | g | that he na | quest. Sweeny ispensed her from her vows at hier re- WHAT MRS, CUSTOK SAYS, She testified that Miss McCabe was very trouble- | some in the asylum; that sometimes she would | eat and sometimes she would not; she found per- petual fault—wanted her meals at extraordinary | how they had to lock her np on account of the patients complaining of her dragging the table | ground the hail at vight; she taiked about priests and bishops, and said ‘that Father McAleer had syranged with Dr. Parsons, the matron and herself | to Keep her in the asylum. In her cross-examination she testified that she had never clubbed any patients at the asylum; she never called her by opprodrious names; she never told her that she Was no Catholic, but did tell her that she was @ hypocrite; she yesterday locked | Miss Brennan in Mirs McCabe's voom; she did re- | fuse to carry Miss McCabe's carpet bag; she never talked to her much, as there was no sense in her talk; she remembered Dr, Johnson calling and say- ing thet 2he was a pretty nun to be with gentlemen | atone. | A MEDICAL, EXPERT ON TUE SCBIECT. The next witness was Dr. es li, Jounston, House Physician at the Lunatic Asylum at Black- well’s Isiand. He testified 4a follows:—It has been claimed that she is suffering irom moral insanity; this I cannot agree with; mnoral insanity (mania | sine delirio), mania without delirium, is simply a ; manifestation of a perverted or disordered state of | | feelings, passions and emotions, irrespective of the ! any apparent intellectual aberration. There are no hailucmations nor iliusions,and there is no evidence of delusion, but simply @ perversion of mora) senti- | | ments. ‘Thus this form of tusanity may appear in the form of a causeless suspicion, jealonsy or hatred of others, especially of those to whom the affected | person ought to be attached, and it may «iso mani- sanity, as thus defined, ever exists or can exist in [a without greater or leas disturbance of tl tellectual faculties. The mental powers are disordered without the moral feelings par- taking of the disorder; and, consequently, it 14 not to be expected that tie moral /eclings should be- come to pa extent perverted without the intellect being affect for perversion of the moral teciings is generally obse:ved to be one ot the early symp- toms of disordered reason: the intellectial dis- turbance may be sometimes dificuit of detection, but in every Case of true insanity it ts more or leas Ppreseat, and it would bea highly dangerous practice to pronounce a person insane when sowe evidence of its existence wns not forcicoming. The law, I beheve, does not recozaize val imsanity as an independent ico, however perverted the aifect on: ments may be a medical 1 my some indicat on 0: disturbod reason. Q. What is your definition of insanity? A. In- sanity ia a inanifestation of disease he brain, characterize) by a general or partial ¢ of ons or more Lties of the mind, while consciousness is not abolishes a3 Or Beatty ulways look for dom is perveried, weakoned now, the: to ingaue 8 P have some perceptible intellectual perversion in the cas f Miss MoVabe [ have found her in- tellovt to o¢@ goo, her memory cor and cious, and no pervorsion of her feelings, passe oremot.ons (and she holds these ander good 5! Jection) but what may be asecibed to her prolonged ppesaeom tpi of ch we have suillcied Ce, in my opinion, to lead me to believe t in her statements< in intellectual pervers expect to find delusions, hallucinations or iiius I_ have not sufictent evidence to convince ne that any of these perversions exist in her case, Q. What are your conciusions, then? A, Tmust come to the conclusion that she is not ins:2¢, and 4S there is no intelectual perversion in her case her Uhr patey of tecling, passion and emotion, which I ascribe Lo eccentricliy, are uo evidence of insanity in her cuse; she has placed explicit con- fidence in me, and stated her story very miautely, always in the same manuer; she lias always tol story in a cohsrent manner, but with a good many collateral digressions, which are very liable to give it the ap- Peayance of incoherence; these digressions she always came back to and conne: together, go as to have a direct bearing upon portion of ier history; Knowing fer story jong and tedious, se has been in the HABIT OF PASSING JOGES, generally of a religious character, which are liabio to be mistaken for delustons unless they are properly considered; also of saying things in fun which are liabie to misroprésentation, as the other day when T went into her room for the purpose of having a consultation with her, She requested the attendant to lcave her alone with m he attondant then sald, in & scornful, sneering way, ‘that she was a pretty nun to wish to be left a‘one with a gentleman in her room! Sister Mary then asked her if she ever went to Maas; she answered in the same manner, ‘No;’ Sister Mary then said, “I always thought you were a wooden Catholic; I have never heard the pa- tient express @ delusion, but she has told me that She has said things in fun that could be con- strued as delusions, a8 she stated to me that g @ nisin to be she has nded she had some ain or wes sick, for the PE of maki a joke with the doctors; I said to herI thor such & course would be very detrimental to her case, and she desisted from doing so further; I have never influenced her in her manner or con- duct more than this, and when she pressed me for opinions I generally endeavored to put her aside; she is very careful and cautions—careful that nothing goes wrong with her diferent articles of property and that things belonging to her are not molested by others—cautious that none shail get the advantage of her from what she has said or done, and Uhat her sayings and doings are not misconstrued; she has told me that she could not piace confl- dence in those who, from their bearing towards her or from their general deportment, conveyed to her the idea that they were not her friends; but if she knew them to he friends then she was willing to place explicit confidence in them; Ido not be- lieve that this apparent character of suspicion and caution will be any very great drawback to her suceess in life, but that it will rather have the ten- dency to make her a more correct judge of human character; Miss McCaoe is of quiet and benevolent disposition, and, I would add, is in nowise violent nor destructive; she 1s not dangerous to the life or property of any, and is very carejul of herown; if the patient be improperly opposed or molested she will defend herself, and, so faras I know and can ascertain, in a8 gentle a manner as the emer- gencies of the case may require, and it is the common laay of nature that one creature shall defend himself against the attack of another; she is of nervous, excitable bic edd ment, and when her words are doubted, opposed or misconstrued she endeavors, in an anxious and 80: to herself, but a’ to make herself understood; this anxious and excitable characteristic I believe to be developed, or rather magnified, in her by the great importance of her case and the weight it has upon her mind; it has be stated that the patient exaggerated portions other story: she has never used any great exag- geration in relating her story to me, and I deem it proper to state that I have fre- quently heard greater and more absurd exagger- ation among pecp'e who are counted sane and gern yeoges to be aware of what they were saying. & What do you think of her story altogether? A. It islong and peeniiar, and toa stranger would convey the idea of insanity, more particularly if he has scen her but for a short time, as in that case she can give but a few disconnected portions of her history and not the whole of ft, which is very necessary to ajust conclusion on her case. It has been stated in evidence that hers isa very dificult case to diagnose, and one of that class of cases that requires time and care to diagnose, consequently it cannot have justice when only a few minutes have been devoted to it. Iconsider that I have given sufil- cient time and care to this case to justify me tn giving a diagnosis, and I have come to the con- clusion and do diagnose her case as a case of ec- centricity, which eccentricity has been produced and magnified in her by the persecutions and privations to which the patient has been subjected. The reasons which I advance in support of this are, her peculiar ges- tures in private and public conversation; her great suspicion and bodil have sufficient foundation; anxiety for her personal eifects; the rolling of her eyes I believe to be simply an acquired habit, and toa certain extent a matter of necessity due to the formation of the angics of the eyelids; and I have occasionaliy noticed the same feature in persons with large eyes who endeavored 10 tax their mem- ory strongly; the holding up ofthe hands in holy horror and surprise at statements which have that effect upon ber [ believe to be an acquired habit from the devotional Aina | to which she has been subjected. Considering the religious lite to which she has been raised and her voluntary and necessary retirement from soviety in general, we may readily conceive why she should be some- what diferent from ladies of society in her gen- eral bearing and deportment, and, to a certain extent, why she would be considered a little ec- centric in her manner and gesture. ‘There are two other fear, which I believe er great care of and TRAITS OF KCCENTRICITY which have a marked bearing on her case. These are acertuin sense of pride and love of approbation, These traits [ have noticed both in private conver- sation with her and here during her testimony in Court. [ have noticed at times in her conversa- tion a sense of pride and dignity hard to describe, but which is sufliciently noticeable as not to re- quire speciat definition, Here in Court, while giv- ing her testimony, she evinced that love of appro- bation stronger than I have ever seen it in her heretofore. I noticed that where there was any doubt about what she said she took advantage to explain in such @ manner, I might say, as to attract unnecessary attention. | note these two points as characteris- tics of eccentricity from the fact that they have a dency to reflect back to the patient, that they are according to @ fixed system and one not founded on delusions. Considering also HER RELIGIOUS LIFR and devotion to her Church; how tnat she has led a liie of religious abstinence and devition, and se- clusion from all wnuoly things; how tual she must be pained and uneasy under words 0i scorn, abuse anc obscenity, and that opprobrous lan- guage mu be harrowing to her feciings; and how that she has taken the holy and religions vows of her order, we can very readily conceive why she should not be considered a ft and proper subject for tne Lunatic Asylum, where she must of necessity be subjected to Li oe hn ihe by patients, the opprrobious and obscene language used there by the unfortunate creatures around her, and more especially as the patients of our asylams are of the lowest and most uncultivated classes, as Dr. Choate has already stated, These are my reasons in confirmation of my statement that Sister Mary is not a proper sudject for the asylum. i be- lieve, for @ person of her temperament, that to be placed among kind and benevolent iriends, per- sons who would take a direct interest in her and ireat her kindly, gently dissuading her of her ec- centric ways, and rendering her every assistance in her religious career, would be the most bene- ficial thing that could happen to her, As eccen- tricity borders on insanity to such an extent as to make it diiNcult to distinguish it from insanity, and as I believe her cceentricity to be chiefly caused by the privations an’ abuses to which she has been subjected, so it is that I belteve it to be extremely detrimental to the patient to be sub- jected to the government of an asylum where from necessity sie must be subjected to the un- avoidable annoyances caused by the clasa of pationts around her. Ido not wish tobe under- stood a8 Saying anything an this particular asylum, but that I believe it to be the saine in all public institutions of the kind where the patients are allowed more or less liberty vw commingis or associate. As it was possible tor mie to dissuade this patient from saying things that might possibly be taken in an unfuvorable light, 80 I believe tt possible to so insuence her that her eccentricities may be greatly diminished if not entirely oblitera The tact of my peing able to infuence ber in this one point makes me believe that she has suficient power over her will to subject herself to good government, It has been stated thot her passions and emotions are not great enough to correspond with her alleged Peraecutions, It is a well-known fact that insane persons cannot exercise control over their pas- sions and emotions for any length of time; and that control over these passions is one of the first evidences of recovery from insanity. The patient | fest itself under the form of a wild, reckless and j cruel disposition toward mankind in genoral; it ; does not seem probable, bowever, that mopal in- ever since she has been under my observation has exercised the same constant contro: over her Passions, Among all the patiouts tat uave ever shows she has control over the power of will. Looking, » at her religious traini: her taught to obey the mandates of pi an bishops and to believe in these with alt confidence and simplicity; to relinquish, in fact, nearly all claim to self-government, thus developing @ ohild- like simplicity and confidence. Again, we ase her aiter term of perseeution—this simplicity and confidence is to a great extent gone, Her charac- ter is somewhat cranged, and there has been de- veloped the character of suspicion and caution and # sense of self-preservation in such @ manner, in my ovinion, as to be of eccentric character; so that in her we have pecniiarity of gesture, sus- picion and caution; peenliarity of manner and de- portmont, a good command over the power of Will and usense of pride and love of approbation; all of which are characteristics of eccentricity, from the jact that they reflect beck to the patient, are not founded on delusion and are according to 8 fixed system, Cros:-examincd—She said some of the priests be y more in league against her than others; she attached no blame to bishops end said also if she should wiitte tothe Pope she believed he would acknowledze her sisternood; as to her sister Bridget #le said she thought she was in league to get hor sent to the Lunatic Asylum; at timos she Spoke in very iriendly terms of her; he never heard her mention her brotie™. «. Has she spoken kindly of any priests? A. She spoke kindly of Father Barry; lie had heard her tell about giving portions of her clothing away: she Ws Cautious about her papers, and he believed she had good reason to be cautious; he could not deny that shi eceentric; she expressed a fear ol a young ma! ying in a room opposite her at the house where sue lived in Thirty-/th street and also of some priest or doctor, ‘to the Judge—The fears were regarding her papers, ‘Lo Mr. Vanderpoel—If she had friends who would take an interest in her and dissuade her of her stow she would, in his opinion, get along ough. ‘He assumed that she was the vic- yn from the story as first told him by he fact of her being driven from plac ace looked like it; his assumption was Vhat priests had used her unkindly, ‘to Mr. Vanderpoei—She said she had refused food sent her by her sister; she also said that she be- lieved Dr. Mason had feft medicine for her to take Which was poison, and that she had given it to Dr. Radford to examine; she expressed a belief that Miss Cusick, Dr, Brown and a priest on the Island were ip conspirag, ‘ainst her, To Mr. Towusend—It was a portion of his study of her case to have her repeat ser story; her idea of writing to the Pope was on the subject of her vow; he had said she had contidence in Father Joslyn and had mentioned other priests in whom she had Sonddenee whose names he could not remember; she had never mentioned to him about parties being in conspiracy against her, but simply stated that they were against her and ‘that there was a sort of communica- tion between them; she said she was svspicious of the priest on the Island because he had asked her to sign a paper to drop all proceedings against Father McAleer; she judged from Dr. Parson's manner that he did not wish to heara case and therefore was bound to report against her; she said Miss Ousick used very bad language and there- fore she could not have conildence in her. STATEMENT OF AN ATTENDANT, Miss Lucy Brennan wes next examined. She bad been an attendant at the lunatic asylum on Blackwell's Isiand for about a montn; she had fre- quently seen Miss McCabe and visited her often in her room. Q, Did you ever see anything in her behavior or taik indicating insanity? A. She was very doubt- ful at first, but one by one these doubts were re- moved; in September Miss McCabe was trans- ferred from hall 5 to hall 6; hails2and3are the Only ones the public can see; after Miss McCabe was removed to hall6she (witness) was not al- lowed to visit her; the attendant at the door said that no one but Miss Wright would be allowed to see her; Dr. Parsons asked her what she thought of Miss McCabe and she said she thougnt she was very vie; the doctor seemed impatient and said her testimony would not amount to mucn; she had never seen anything in Sister Mary that showed indications of violence; very few would un- derstand her, unless of congenial spirit; she was herself a Catholic, Cros3-examined—Miss McCabe was never in her care; her duties were night watch: at first she thought her peculiar; she thought it peculiar that she shouid talk against priests, Q. Were you congenial with her? A. Idon’t know that I am worthy to be congenial with a Sister of Charity, being myselfa worldly person. MISS MICABE AGAIN RECITING HER STORY. Miss McCabe was now called to the witness stand. She had quite a lengthy, private talk witn the Judge, and then Mr. ‘townsend said he only wished to ask her a few questions, The impression seemed to be that she had no friends among the priests, and he wished to know if that was so, A. All my trouble arose from Father McAieer; no one but he ever told me to take off my habit; I have hundreds of friends among (at I have no charges to make against any Bishops. ir, Vanderpoel—In the bags she brought to Court were her own, papers and books; she was afraid they might be stoien if she did not keep them with her; among the papers were letters. Mr, Vanderpoel—Well, go on. Miss McVabe—If I go on talking you will say Iam crazy. (Laughter.) Judge Sedgwick—You need only answer the questions asked, Mr. BeH ABE pO AW DY did you leave the convent at St. Join, N. B.? Miss McCabe—He is not my friend, Judge, but only means to quiz me. Shall I answer him? and he looks 80 good-natured, too. (Laughter.) Judge Seddgwick—You need not answer unless you choose. poe Vanderpool—I will look stern if that will do ter, Miss McCabe—He only wants to make fun of me. Dr. Johnson makes no such gestures, and he is a periect gentleman. Dr. Parsons rolls his eyes about and pays no attention to me. Alter the above interchange of remarks nearly an hour was consumed in questioning Miss McCabe and in listening to her story. She said, among other things, that she had LIVED THREE WEEKS ON STARCH since she had been in the ple Sne stated also, thet on another occasion she subsisted on “a cup of tea and acrumb for a week.” After a time the Judge said that she must be fatieued, and that there was DO necessity that the counsel ask her any fur- ther question: Cabe again taking her seat it was On Miss Mi stated by counsel on both sides that they had no further witnesses to call. The Judge asked them if they wished to sum up, and bs ge their stating that they did, an adjournment took place till eleven A. M. next Thursday for that purpose, THE WOODHULL-CLAFLIN CASE. Colonel Blood Again in Court—A King’s County Freeholder Not Being Ac- cepted as Bail, His Release is Asked on the Ground of Insufficient Evi- dence—His Case to be Decided Tow Morrow. Colonel Blood, jointly implicated with’ Victoria C. Woodhull and Tennie C, Clafin in the publication of the alleged libels lately published in the Woodhunt & Clajlin Weekly, is still in hot water. He is anxious to get out of prison and breathe once more the air of freedom. His counsel, Mr. Wiliam =F. Howe, unquestionably thought he had bit the right nail on the head when he applied to Judg~ Fancher, at Supreme Court, Chambers, for a writ of certiorari in his case, the object of the writ being submission to the Judge of the proceedings before Judge Fowler, and upon them a motion to reduce Colonel Blood’s bail. ‘he application was granted without hesitancy by Judge Fowler, and the hearing of the matter set down for yesterday. Everything was ready. COLONEL BLOOD'S BONDSMAN was willing to aMx his autograph to any docu- ment calling for moderate pecuniary liability that would release the Colonel, but the matter did not Teach the culminating point ancticipated; or, in other words, Colonel Blood and bondsman and counsel indulged in a premature counting of chick- ens—a widely prevalent weakness in these days. Mr. Howe, who never spoke more confidently in his life, or his face more radiantly smiling, explained the proceedings before Judge Fowier and the demand of $6,000 bail for Colonel Blood. He said the Colonel was prepared to give bail, Mr. W. H. King stood ready to become his surety. He sup- posed there would be no difficulty in the matter, but he had understood that the acceptance of Mr. King as bondsman would be objected to on the ground of his being a resident of Kings county and the reai estate upon which bail was offered be- ing in that county. The charge against Colonel Blood, he insisted, was ONLY A MISDEMRANOR. and that it was unusual to exact so excessive an amount; but the reverse was usual--to let murder- ers, burglars, forgers and otners roam round the city op much less bail, ssistant District Attorney Sultivan said that it was a rule of their office not to accept ball of the character offered. It was clear to be seen why it would not do to deviate from this rule. In only one instance had the rule had ever been departed from, and this was one strongly appealing to their sympathies, Jadge Fancher stated that he saw no cause for interference as to whether the bail proffered was oper bail. He would leave this matter with the District Attorney, Mr. Howe next moved VACATION OF THE COMMITMENT, on the ground that it was signed by Judge Fowler as Judge of the Third District Court. He urged that there was no such officer known to the law—no such officer voted for or sworn in. Judge Fancher denied this motion, Mr. Howo was irrepressible, He had not exhausted his legal batteries, He now moved to set aside the complaint altogether, He insisted that no case had been made against Colonel Blood. Mrs. Wood- hull and Miss Cladin in their testimony before all the blame on '8 Weekly, it he assis the papers from the printing office to their put cation office, and had paid for the printing. my claimed, made out a strong case against lonel Blood. Mr. Howe thought it proved nothing, only that Colonel Blood aided in the publication of the paper, but knew nothing of its contents. Judge Fancher, after listening to further re- marks, stated that a prima Jucie case had already been made against the prisoner. He adjourned the case till to-morrow, and meantime allowed Mr. Howe to arran; with the District Attorney as to the acceptability of bail. Colonel Blood was or- fone to be sent in the interim to his quarters in prison, LAGRAVE BEFORE THE SUPREME COURT. on A Questionasto Where He was Arrest- ed—It is Claimed that He w Under the Protection of the French Flag—The Truth to be Brought to Light on Another Hearing To-morrow. A detailed account of the arrest of Alfred E. Lagrave on a charge of wholesale swindling of some of our leading morchants, was pub- lished @ few days since in the HERALD. He was brought yesterday before Judge Fancher, at Supreme Court Chambers, on # writ of certiorart. Mr. Bookstaver submitted THE SHERIFF'S RETURN. This document set forth that Lagrave had been arrested on seven civus suits, Counsel for the prisoner insisted that the time ane place of the arrest should be set forth in the return, Mr. Bookstaver said that the Sherif had per- formed his duty properly. Counsel answered that the arrest had not been made in the Sherif’s baitiwick. Assistant District Attorney Sullivan said that ‘ave was held on a bench warrant ona criminal indictment for burglary in the third d-gree, found August 12, 1872, and he presented the warrant to the Court. Counsel asked if it was admitted that the indict- ment was found without any exammation of the accused. Mr. Sullivan replied that it was owing to the fact that the accused was out of the country at the time. lie then presented the affidavit of George EK. Taff, on which the indictment was formed, and also the warrant of EXTRADITION OF THE FRENCH AUTHORITIES, signed by Adolph Thiers, President of the Republic, and fhe other French officials, He further stated that he was present with the view of contending that, whatever disposition the Court might make of the civil orders of arrest, the criminal commit- ment still remained, the legality of which he was prepared to argue at any time. Counsel again asserted that the arrest was not made within the jurisdiction of the Sheriff, but on hoard the French steamer while still under the au- thority of the French Republic, It was done at the instance of private parties, who desired to use the government of the Untted States for their own in- terests, That the arrest was not made in New York city or county he was prepared to establish on afidavit, and he was determined to compel TUE TRUTH TO BE BROUGHT VO LIGHT in this instance, although it seldom, if ever, did come from the Sherilf’s office. Mr. Bookstaver—The arrest was made properly. Covnsel—Let the Sheriff state purticularly at what place it was made, Mr. Bookstaver—He has said it was made in the city and county of New York, and it is never re- quired to be more explicit, Judge Fancher—Cannot you state where the arrest took place t Mr. Bookstaver—I do not know myself, not hav- ing made any particular inquiries on the subject, ‘The further hearing was here adjourned to allow the Sheriff to make return of the particulars of the arrest. This return is to be made to-morrow. REAL ESTATE OWNERS AND BROKERS. The Uses to which Houses Negotiated for Rent Are To Be Put—A Knowledge of Improper Uses Vitiates the Commission of the Agent or Broker—Important De- cision by Judge Shea in the Marine Court. Lazarus Loeb vs. Max Marcus.—This case in- volves a question of great importance, not only to the owners of house property and agents for the rental of the same, but to the community at large, for it provides a remedy for abuses too often prac- tised upon property owners in this city. From the opinion given below it will be seen that when an agent deceives his principal in his representations asto the character of the parties who through him obtain a lease of premises, or as to the uses to which the premises are to be put, he vitiates his claim for commission. Judge Shea's OPINION. This is an action Preree by a broker of negotiations re- lating to the sale of real property, to recover his commi: sions for procuring & purchaser for a house and lot sit- uate in this city and owned by the defendant. There is sufficient evidence to prove the hiring of the plaintiff in his business as broker by the defendant and that the plaintiff undertook the employment. Judgment must, in my opinion, be in favor the defendant on these ‘ounds :— ‘Piret—the plaintiff has not produced such a purchaser as the conditions of the hiring required; and, even if I assumed that Keilback or his principal, Cambers, was a Jona fide proposing purchaser, yet it ia ‘clear to me that the evidence shows that neither of them agreed to accept any offer of sale which had been authorized or ratified by the defendant, either originally or by a subsequent modi- fication. (Barnard vs. Monnot, 33 Howard’s Prac. Rep., ) ‘Secont—The house and lot offered for sale through the plaintiff was at that time leased for a term of years and used as a bawdy house by the lessee. This was with the knowledge of the owner, and the fact of such immoral occupation was known to the broker at the time he un- dertook the sale and to the supposed purchaser at the time he sayshe offered to buy; and the broker testifies {hat the property was, “to be conveyed subject sto the lease.” These circumstances are conceded by the parties themselves, The effect of that conveyance would have been to convey to the purchaser the reversion of the estate in fee; to make him the land- lord by a privity ot contract with that lessee, and to permither fo continue, so far as these parties’ wish could effect it, in the use of these premises (or an immoral urpose. These parties—none of them—have a right to lo be ina court of justice upon such a negotiation. The law will not aid or enforce illegal contracts; and the present is an illegal contract. It is contrary to good morals and public policy. If the property or the services tor which @ suit is brought was, to the plaintif’s knowl. ede, to be used in assisting a person in an immoral ocenpation, then no action can be maintained thereon. ‘The hire of a carriage used by a prostitute as part of her display to attract men cannot be recovered by him who trusts her, knowing of or with reasonable cause to sus- pect its being so used (Pearce vs. Brooks, 1 Court of Ex- chequer L. R., page 214; MeKinneil vs. Robinson, 3 Mee- son and Welsby’s Reports, 441; Scarfe vs. Mor an, 4 Mee- son and Welsby, at pp. 281, 28%), nor for the ‘rent of lodgings rented to an ‘immodest woman for like purpose (Girardy vs. Richardson, 1 Epinasse Rep. 13); and, general person _ makes a contract: with the Knowledge that another intends to apply its subject matter to an immoral purpose he cannot recover upon it. Aud so with an agent who nowingly engages to aid such a contract. [1 persons will perform labor in aid oi evil doing they cannot come into a court of justice for compensation. They are left by the Court just in that position where they choose to allow each to be placed by the other, for the law takes no notice of them for the purposes of @ civil action as between themselves (Scarfe va. Morgan, as above). It may be said that there is no evidence that the house was for that purpose of hired for that, purpose. That not a ground of this decision; but that, with the owner, broker and purchaser knowin, mode of lite and where in all likelihood the means of Paying the rent would come trom, they negotiated for the sale and purchase of the property subject to the con. tinuance of that lease tothe end of the term. The direct and primary eftect of that negotiation, if It became a transaction, would be to sustain an |mmoral object, Then it is asked occupied not can property so be placed in the market for sale, 80 ay to enfores law contracts relating thereto? ei Not where. the direct and, as in the present cast, the first effect would be to continue and aid its illegal occupation. If those who are unfortunate enough to own property so occupied, without the consent of the owners, they having acaitiesced, wish now to withdraw their assent, the law Provides a remedy by which they can rid their ‘property of this obstacie to its being made the subject matter of alegitimate contract of sale. Until this is done such people may make bargains among themselves and get along as best they can; Dutso far as having rights entorcible in civil actions in courts of Inw and equity, they are merely outlaws. It is urged, however. by the counsel for the plaintif that “it is by’ the defendant's own wrong that this property has become so occupied, and that 2 he should not now be allowed to’ take ad- vantage — of his own wrong, and by. it avoid his liability agent.” But to — the it must not be lost sight of here, in that view of the case, that this his agent was an intelligent and informed in strimentality specially hired to extend and confirm that wrong, and, had he accomplished the object for whieh he ‘was hired, would have concluded an immoral act. a sides, the law will allow the objection to made gven' by a guilty party to the contract, for this lowance is hot for the sake or protection ot the party who raises the objection, but rests upon, Is Pian and enlighte by manera fandamen- tal principles of policy and morality ‘which underlt pervade the entire structure of jurisprudence. It is also suggested that the defendant does not set up by way of deience In his pleas the immoratity of the contract: To ‘to be given, It is the in- ice whenever the course of evolves circumstances illegality of the or action, the parties before the Court are privies to the act to dis- miss those parties and the cause from its presence. Such ‘Was the case where one highwayman sought in a Court of Equity an accounting from another as to the pro- ceeds of their common ventures (Everett vs. Williams, Lindley on Partnership, 136), and, though that was the audacious act of a reckless bravo, yet it differs but in degree as to the turpitude of the subject matter from those other cases which equaily illustrate and commend the principle. And that principle is likewise founded in public policy and morality. Buch defences are unlike those the rij to which is given by the statutes concernins d limitationé to actions, and are personal in civil actions in this respect, and, therefore, if one desires the privileges afforded by those statutes, are to be affirmatively pleaded. But contracts founded in turpitude wie of such a nature that the itadministra- tion of just! ectof the Court itself, regard for publi morality an ood onde! ‘alike conjoin in requiring the snsed considori lic concrovorgs. Tees See Leet compiarmt m cnss cause, with ooste to the THE RING FRAUDS. ———_+___ Motion to Quash Indictment Agetast Hugh Smith and Others tor Couspi- racy—Arga' it Postponed—The Points to Be Submitted to the Court in Writing. The Court of General Sessions was opened yeater- day—Recorder Hackett presiding-—‘or the purpese of hearing an argument on a motion to quash am indictment inst Hush Smith for alleged con- spiracy with Wiliam M. Tweed and bend sae who are jointly charged with Simith. District Attorney Garvin was in attendance ang also Mr, Burrill and the counsel of the “Boas. Alter a tew minutes private conversation betw the Recorder and counsel the Court ‘adjourned His Honor alterwards informed the representatives of the press that Mr. Burrill had filed his brief im support of a motion to quash the indictment against Hugh Smith, with the consent. that the counsel for the prosecution at any time within a week may furnish points in opposition to the motion. The matter stands adjourned over tim Saturday next. BUSINESS IN THE OTHER COURTS AP Sa UNITED STATES BISTRICT COURT—IN BANKRUPTCY. ‘piPinntary, PotitionsHomer Relyea, Aaron & rown and John W. Gillespy. Adjudications in Involuntary Cases—Henry @. Woodruff, Samuel K. Darrow, Jv. Andrew Boaner, Denis Lyons, Augustus Rausch and Prank Lo tinker. Discharge—Charles Ptace, Serer cal b) SUPREME COU1T-~SHAMBERS. Decisions. By 4udge Fancher. In the Matter of the Petition of John fl. Moret to Vacate Assossments.—Motion for attachment against the Clerk of Arrears granted, Wesley S. Yard et al. vs, Clara Furniss,—Motios for reference granted. The People, &¢., on Relation of ‘Thomas. God- win va. AMOTiEST Institute, of New York.—Motion granted, White vs. Smith.—Motion to vacate injunciem granted, By Judge Ingraham. 7 Barry va. Brune et al.—The affidavit is acfective; motion denied with leave to renew. Same vs. Mutual Life Insurance Company.— Motion granted to modify order as stated im opinion. COURT OF COMMON PLEAS—SPECIAL TERM. Decision. By Judge J. F. Daly. Cook vs. Cook.—Court has no jurisdiction ovet defendant, she not residing in, or being served wit Summons in this State. BROOKLYN COURTS. UNITED STATES COMMISSIONERS’ COURT. * Farther Arre: of Liquor De: Before Commissioner Winslow. There were seven retail liquor dealers before the Commissioner yesterday on the charge of doing business without paying the special tax. Th ure:—George Miller, of 167 Gwinnet street; Phat, Rogers, 784 Dean street; John Garvey, 676 Vander- bilt avenue; P. 0, Mallery, 78 Fulton street; Jebn Schleide, 61 Whipple street; Frank Gripps, 65 Whipple street. ey were heid to bail to await hearings, SUPREME COURT—SPECIAL TERM. The Bedtord Avenue Improvement and the Assessors. Before Judge Pratt. On behalf of several property owners on Bedforé avenue a writ of certiorari was granted yesterday by which the Board of Assessors are estopped from including in the tax levy for the present the amount proposed to be raised for the repavin: that avenue with a patent pavement. ka object also to be attained by the writ is the review of the pioceedings of the Commis- Stoners before the General Term, which will commence next month. The argument is that the Commissioners had no authority to carry on the work or incur any expense after filing their final report on the 12th of July last. The report shows that the amount of expenditure is $228, while the assessors have laid the amoun $351,537. Judge Pratt made the writ returnable at the next General Term. A Father After His Child. George V. Bugaut separated from his wife isst July and left two children—a boy and a girl, aged respectively six and seven years—in the wife's cus- tody. Yesterday he applied to Judge Pratt fora writ of habeas corpus, in order that he might ob- tain the custody of the children. He alleged that the mother is not a fit person to have the charge of them, and that she would not allow him to see them. Judge Pratt granted the writ and made it returnable next week. CITY COURT—SPECIAL TERM. Verdict Against a Railroad Company. Before Judge Neilson. Amotion was made by Counsellor Tracy yeaten day for a new trial of the case of Julia Seibert, ad- ministratrix, against the Grand Street and New- town Railroad Company. This wasa suit to re- cover $5,000 damages for the death of Edward Sei- bert, plaintif’s husband, who was knocked down and killed by the horses of one of the company's cars in Grand street, E. D., on the 16th of Septem- ber, 1871. It seems that the driver of the car while raising the whiMetree let it fall om the horses’ hoofs, and the animals, becoming fright- ened, ran down Grand street. After dashing along some distance they took to the sidewalk, where Seibert was walking, knocked him down and so injured him that he died soon thereafter. It was claimed by the defence, on the trial, that Seibert saw the horses running down the street and that he ran out to stop them, when he received the in- juries which caused nis death. The jury renderea ‘@ verdict in favor of plaintiff for the iull amount claimed. Counsel for the company contended in support of his motion yesterday that the Court erred in refus- ing to dismiss the complaint on the trial at the close of the case; that the verdict was against the weight of evidence; that there were errors in th admission of evidence at the trial, and there was an error in the charge of the Court in submitting to the jury certain questions of fact for their con- sideration, from which either there was no evidence at ail to justify those admissions or on which the evidence was entirely undisputed. Counsellor Thomas E. Pearsall, for the plaiutit, said that the Court had ruled correctly, and that there was no error on the trial at all. a sare Neilson took the papers and reserved his cision, COURT OF SESSIONS. Shoplifting on Fulton Street. Two young women, Mary Ann Hogan and Anne Wilson, both of whom hail from New York, were arraigned for shoplifting. They were arrested on Fulton street by Detective David Corwin, of the Central Ofice, who tound in the possession of Hogan about $65 worth of thread lace, which had been stolen from Loeser & Co.’s store, 289 Fulton street. Anne Wilson is quite a handsome young woman, and when arrested was very stylishly at- tired. She wore a camel's hair shawl and carried a well filled pocketbook. When arraigned yester- day she was very plainly dressed and presented . a different bs Latha from the time of er arrest. The prisoners plead not guilty, and their trial was set down for December 2 next. Arraignments and Sentences, The following named prisoners plead not guilty and were remanded for trial:— Cornelius Leary, Andrew Kennedy and James Sharpe, burglary, third degree. Trial December 2 James Morris, burgiary, third degree. Trial 2a December. Robert Beckman, assault with intent to commit rape. Tria, December 2 janes: Washington, grand larceny. Trial De cember 2. Henry Burke, grand Lele Trial December 3. ec John Quin, robbery. Trial ember 3. Peter Ross, ns nikaag f ‘Trial December 3, John Farrell, burglary in third degree. Tria) December 3. John Cahill and James McGrath, burglary in third degree ; trial December 4. illiam Cahill, receiving stolen goods; trial De- cember 4, John O'Connor, nd larceny; trial December 5. Frank Orlando, indecent exposure of the person; trial December 5. James Langstaff pleaded guilty to burglary in the third degree and was sentenced to the Penitentiary for one year. David Johnson pleaded guilty to petty larceny and got three months. SURROGATE’S COURT. Ba ot Last Week. Before Surrogate Veeder. ‘The wills of William Hamilton, of the town of New Utrecht and Laura Jolinson, Avery lark, An- drew McBride and Mary E. Pyburn, of Brooklyn, were admitted to probate. Letters of administration were estate of Catherine Feeney, Bertha rine Christal, ber. Jane T. James, Mary Wilson, erine Schlett, Anne A. Dow, Bridget Plunkett ana Florence Schwerg, all of Brooklyn. Letters of guardianship of the person and estate of Thomas H. A. Early were granted to Sarah Ke Childs; of Mary A., Lucy A., Edward H. and Arthur ©, Coffey, to their mother, Rose M. Coffey ; of Louisa M. and kva 1. Kettler, to their father, George be Kettler; of Joseph W. ‘Dow and Ada L. Dow, t@ Jobp O. Perry, all of Bgovoklyas ‘anted on the ueckle, Oharies Elmira Thom jath-