The New York Herald Newspaper, November 19, 1872, Page 4

_—_—_ THE COURTS. THE TAMMANY RING FRAUDS. Another Day of Legal Wrangle and Profes- sional Fabian Tactics—An Affidavit from Tweed as to Discrepancies in Key- sor’s Testimony—The Ex-Boss in Oourt—Tweed To Be Called On to Plead To-Day. THE STOKES CASE AGAIN. Another Application To Be Made for an Early Trial—The District Attorney To Be Consulted—The Second Trial Likely to Come Oi in December. pute HEINAICHS---A NEW TRIAL GRANTED ‘Under Sentence of Ten Years for Stealing Bonds—Application Made for a New Trial and Revezsal of Judgment on the Groung"'f Error in Admitting Testimuny of Previous Convic- A New Trial Granted, ¢ ——-——_ IROS“salZ WEIG’S APPEAL 5 a vial a \Another Application for a New Trial---Alleged Errors in the Admission of Lvi- denee---A New Trial Granted. eee THE JUMEL ESTATE. \A Special Jury to Try the Cause of Bowen vs. Chase—The Order of Drawing the Jury—The Trial to Commence in a Few Days—Great Interest Manifested in the Case. \BUSINESS IN THE OTHER COURTS. Bummary—A Gold and Stock Transaction—An Unlawful Preference in Bankruptcy—A New Kind of Salad and Equally Queer Suit— Setting Aside a Verdict—Murder Cases and Convictions and Sentences in the General Sessions—Decisions, The case of the People against William M. Tweed, gharged with defrauding the city treasury, was ‘again on preliminary motion before the Court of | Oyer and Terminer yesterday, Judge Brady presid- \ng. fegal wrangles which bave marked the whole course of the proceedings in these Tweed ring frauds. ‘Tweed was called upon to plead to the indictments pgainst him, but, pending the decision of the Court mpon a motion and affidavit submitted yesterday, the arraignment was allowed to stand over till this morning, when Tweed will be again brought into court. In the Stokes case counsel for the defence made | Ynformal application to the Court to Gx an early ‘day for the trial. It was agreed, however, that istrict Attorney Garvin, who was not present, should be cousulted as to time, and the application awent over. Yesterday, in the United States Circuit Court, an ‘order was entered by consent of both parties whe case of George Washington Bowen vs. Nelson Uhase, directing shat the cause shail be tried by a special or struck jury, The special list from which ‘this jury is 10 be selected shall be taken by the Clerk trom the list of jurors made and filed under Ahe orders of this Court, Judge Blatchford decided yesterday, in the United States District Court, in the case of Peter Rado, an alleged bankrupt, that the petitioners having ac- cepted an unlawiui preference cannot maintain the petition unless, by the petition, they surrender such preference. { Thecase of John Sedgwick, assignee ruptcy of Comstock and Wheeler vs. ‘Wheeler, was commenced in the in bank- George M. United State District Court betore Judge Blatchford and a jury. | Jt was an action to recover $22,000 as balance of an account in relation to certain pure $s of gold and stocks made for the defendant. ne defence was the general issue. Case still on. In the Generals ous, Judge Bedford presiding, ‘the trial of Nicholas White, charged with murder, ‘was, with the consent of the District Attorney and on application of prisoner's counsel, postponed | 11 Monday next. Im the case of The People wgainst William J. Sharkey, charged with murder | dn the first degree, the trial was put of for the ‘term in consequence of the absence of an impor- tant witaes There wa Court, G and Larn ae ing yesterday, the Supreme m—Judges Ingraham, Leonard bench—upon the appeal in the case of Rosenzweig, the alleged abortionist, from jthe judgment of the Court of General Sessions, It ‘was tuis Rosenzweig who was found guilty of the killing of Alice Augusta Bowlsby, and sentenced Tor seven years tu State Prison, thearing the argument, sustained the appeal, there- ‘by reversing the verdict ©: the lower Court and eranving a new trial. ! Before the same Court there was also heard yes- Nerday the argument upon the application ior re- versal of the verdict in the Court of General Sessions in the cuse of Henry Newman, alias “Dutch Heinrich, anc for granting a new trial. Dutch Heinrich, it will be remembered, was con- Micted of a bond robbery and sentenced for ten ‘years to State Prison. The same resnit was arrived atasin the above case—that is to anew trial 4s to be allowed him. The case of Alfred F, Lagrave, whose arrest by the Sherif, as alleged, while under the protection pf the French flag, is claimed to be il 1, came up mgain yesterday beiore Judge Fancher, holding Supreme Court, Cuambers. A return was made by the Sheriff that the arrest took p This return was traversed ani the matter will be urgued to-morrow. 3 A civil suit was instituted yesterday by Mr. | Challis in the Supreme Court against Mrs, Wood. hull and Miss Clafiin. Orders o/ arrest were granted by Judge Brady of the Supreme Court against both the accused and their bail fixed at $300 each, This prder, of course, will be in operation as longas they fre kept in prison upon tie Already pending against them. The District Attorney still refuses to accept as pail for Colonel Blood a freeholder of Kings county. {t was accordingly arranged yesterday between Mr. Howe, the counsel of Colonel Blood, and the District Attorney to argue the case to-day belore dudge Fancher at Supreme Court, Chambers, on a THE RING FRAUDS IN COURT. iam Preliminary Proceedings in the Case of Tweed Continued—A Pall 1 of the Witnesses Sworn to Kac dictment To Be Furnished to ti Dereucem Another Day’s Legal Wrangices weed in CourteThe Procecdings Vo Me ite- sumed This Morning. i The session was spent in another of those | ] | ' | to plead to the indictment found against him by | the Oyer and Terminer Grand Jury on the 17th of | and Connolly with having committed frauds, & | Tweed’s counsel that a motion will be made this NEW YORK HEKALD, Tweed was the principal feature in the proceedings of the Court of Oyer and Terminer yesterday. It having been known that this particular case, now so long before the public and the Courts, though hitherto so pertinaciously and successfully staved off from actual trial, would be again the subject of a legal tilt between the opposing counsel, a large audience was present at the opening of the Court to witness the proceedings, It was also expected that a nolle prosequi would be entered in the case of Mayor Hall. The usual array of counsel was also present, Mr- Algernon 8, Sullivan representing District Attorney Garvin, Mr. Peckham for the Attorney General and Mr, Lyman Tremain as private associate counsel for the prosecution. For the defence the ex-ioss’ principal tatking counsel; also Mesars, David Dud- ley Field, Bartlett and McKeon. Mr, Tweed arrived in the building some time before the opening of the Court, remaining in the ante-room till after Judge Brady had taken his seat onthe bench. he then entered and took a seat behind his counsel, ‘There was nothing in his appearance to denote much mental or physical suffering from the revo- lution in public feeling and sentiment against him. Of course he did not look the boss of former years, when he ruled the flerce democracy of Gotham, and when his word was law to make and unmake, to set up or to cast down. He as quietly a8 possible entered the court room, and although all eyes were turned upon lim he never once cast his own looks around until the close of the proceedings. A few persons shook hands with him on leaving the Cot but he quickly disappeared by a side entrance, and but few outside of the court room identitied him as he hurried away. Andrew Garvey was around, un- abashed and brazen as ever, seemingly much more delighted with his own easy escape in person and pocket than as entertaining a thought of sympathy with the man the latchet of whose shoes he would ar one time have declared himself unworthy to unioose, THE PROCEEDINGS. Counsel in commencing the proceedings said that the defence had been taken by surprise by the prosecution in the arranging of the matters thus far looking to a setting down of a day for the trial of Mr. Tweed; that detendant’s default had been taken ina mean manner, the prosecution fearing to give the defence an opportunity to again come into Court and present certain papers. Mr. Peckham denied the truth of the charges of counsel and said the prosecution did not fear the reading of any papers by defendant’s counsel, Counsel said that there was an intense feeling ot enmity on the part of Mr. Peckham against the de- fendant; a feeling that influenced all of Mr. Pec! ham’s actions in the case. The proceedings here- tofore had been conducted so irregularly and so unfairly towards the deendant that it was im- proper at the present time for the prosecution to press a motion to have tae case against the de- Jendant set down for trial. He demanded to have complete lists of all the witnesses who had ap- eared before the Grand Jury in the case of Mr. weed furnished to him, and ‘also the minutes of the Court of General Sessions for the months of November, December and January last, the purpose being to show that an indictment had been found agamst Mr. ‘weed upon wholly inadequate testi- mony, Mr. Tremain said that these applications were not in order; the only thing now in order being the | arraignment of Mr. Tweed to plead. Counsel then read an aflidavit of Mr. Tweed's, to show that there was a discrepancy in Mr, Keyser's | testimony in General Sessions, and it was utterly irreconcilable with statements made by the prose- cution in relation to the action of the Grand Jury in finding the indictments against Mr. Tweed, Judge Brady said that the question ol directing the District Attorney to furnish the list of wit examined beiore the Grand Jury was one not tree from diMeulty. Mr. Suilivan satd it was not always possible to furnish a list of Witnesses appearing belore a Grand Jury, Judge Brady said he would decide the question this morning, TWEED CALLED UPON TO PLEAD. Mr. Sullivan moved that Mr. Tweed be arraigned | last month, jointly charging hira with Messrs, Hall on the city Treasury, Mr, Tweed had neve! arraigned to plead to that indictment, whil Messrs. hall and Connolly had. Counsel said that this indictment had not been served upon defendant's counsel! until last Wednes- day, and it cost $75 to get it then. It was a vol- uminous document, which would require consider- able time to examine, especially as counsel for the deicndant wanted time to prepare arguments on a motion to quash the indictment. Mr. Peckham said he had furnished portions of | the indictments to defendant's counsel from time | totime, and that all that was substantial in the | indictment had been furnished to counsel two weeks ag Judge Brady thought that the motion t should be postponed until the motion in | the furnishing of lisis of witnesses had been dis- posed of, Mr. Sullivan then gave formal notice to Mr. S = r be le both morning that Mr. Tweed be arraigned to plead; that a day be fixed for his trial and that the trial proceed it as early a day as practicable. | The Court, after | | many crimes of which he is innocent. 2 in is office, | criminal charges | | up Counsel said it was apparent that no fair trial could be Lad at present. Mayor Hall had not been acquitted on account of the strong prejudice at present existing against him and those with whom he had been charged with having conspired to coin- init iraads, Mavor Hall, he said, ougit to have been triumphu vequitted, the evidence having | utierly fqiled 1) sustain the charge against him, and the Judge's charge being exceedingly fair and decidediy favoraole for an acquittal; but prejudice me fuir play, and a majority of whe jury | that the ar the case of his client, It was strictly legal, and, as the result proved, a forcible and conciusive argument, His first point was that the Court erred tu deciding as competent a juror who swore that he had an impression against Hienrich’s previous character. Un- dor this: point he cited the case of Cancemi vs, ‘The People, His second point was—and in support of the sume he cited 3 K., 5. 989, sec, 8; 2 Russell on Crimes, 129 and 130, and The People vs. Ste- puens, 1 Hill Rep., 261—that it is necessary to aver in the indictment and to prove upon the trial of a prisoner charged with a second offence the former conviction, the imprisonment pon: the conviction, the discharge, either upon pardon or ‘upon expira- tion of sentence, and commission of the offence subsequent to such pardon or discharge. He urged that there was no evidence in the case of pardon or discharge {rom prison except that of the here again took prisoner, and that his testimony amounied to nothing, inasmuch as it had been stricken out on motion of the Distric! Attorney, ‘The case, he therefore insisted, was wot made out against the prisoner as laid down in the indlet- ment. His third point was that the Court erred in striking out the evidence of the prisoner and in in- structing the jury to disregard it. ‘Yo substantlate this point he called attention to the opinion of Judge Miller, of the Supreme Court, in the ¢ of Delanatis, holding that a person ¢ with any criminal offence, no matter how int uno0us or to what extent brandet by a judgment or conviction, shall be permitted to testify in his own behalf, Hts third point was—and upon this he cited sox dozen authorities—that the Court erred in proving the former conviction of Heinrichs beiore his char- acter had beon put in issue, Mr. Garvin, District Attorney, replied to the ar- gument, His main point, and this he urged with great vehemence, was that when Heinrichs was called to the witness stand he was a with and not a prisoner, and therefore subject to the ruics regulating witnesses and prohibiting those trom testifying convicted of a previous crime, The three Judges of the Court, alter hearing the argument, conferred, but without Jeaving the the bench, for a tew minutes, and thon announced their decision, which was granting a new ‘vial to Heinrichs, A NEW TRIAL GRANTED ROSEN: | ZWEIG, Hearing Upon the Appeal to the Gencral Term of the Supreme Court—The Con- viction and Sentence in the Court of Gencral Sessions Set Aside and a New Trial Ordered. On the morning of the 23d of August, 1871, Alice Augusta Bowlsby left her aunt's house, in Newark, N. J., to visit this city, From that time she was never seen alive by any of her friends or relatives. The story, as published a few days later in the HERALD, of the finding of a trunk at the Hudson Kiver Railroad, left there to be sent to Chicago, but which, owing to the sickening smell emanat- ing from it, was opened and found to contain the mutilated remains of a young woman, thrilled the public with horror, The rest of the story and all its horribly atrocious details are still fresh in the public momoxy. There was a supposed distinct TRACING OF THE CRIME to Rosenzweig, the alleged abvortionist. Upon his arrest he at once employed Mr. William F, Howe as his counsel, who used his utmost legal ingenuity to save him from the penalty of his alleged crime. After two months of motions and counter motions in the various Courts he was at lengi placed on trial in the Court of General Sessions. The indictment against him was murd¢ ‘The trial lasted six days. Mr. Howe fought zealously tor his client, but the chain of ev! dence fastened itself about tne accused with such firmness that he could not wholly escape its bind- ing fetters. He was found guilty of MANSLAUGHTER IN THE SECOND DEGREE and sentenced to Stute Prison for seven yeurs. As in the case of Dutch Heinrichs so in this, Mr, Howe id not rest content with the judgment of the Court, Ale appealed to the epee come Gen- eral Term, and upon this appeal the case came up yesterda, n this court for a hearing, Judges In- feelam, eonard aud Larned being on the bench, The ARGUMENT ON THE APPRAT. ned by Mr. lra Shaier, and made wholly ceptions taken to the rulings at the trial by Mr. Howe, The first point was that there was no evidence that Miss Bow 3 the second, that the Court erred in charging the jury that they could not convict of a lesser offence than that charged in the indictment, and the third, thatit was an error on the part of the Court in de- ciding that the onus was upon the defendant to ow that the abortion was hecessary to preserve the life of the mother, The point set forth as the strengest point hud reference to the testimony of Nellie Willis, that Rosenweig had two years be- fore the trial produced an abortion on her. it was urged that the evidence was improperly received— first, because the deniais of the deiendant were conclusive upon the prosecution; second, because the people could not contradict the defendant's de- nials, a8 they related to collateral metters; third, beeaise the evidence tended to the mutiipiication of issues, and fourth, because the evidence was bughly prejudicial to the accused, and no doubt in- fured his conviction on the main char Numer- ous authorities were cited on all the points. ARGUME iSE. The District Attorney took up the exceptions seriatin As to the evidence of Nelile Wilils, it was insisted that the character of the defendant had boen made an issue in the case, and any evi- atfecting that question was material, and coll levant. It was urged further | 18 presented by the defence to the jury —18 this detcndant a person likely to have © pitted this crime? Would he | likely to do ity It is probable that a good doctor, | favored Mayor Hall's conviction. In view of sucit an, & graduate of Warsew Uni- recent untair action it would be unfair to put nian who has b in frequent consulta Mr. Tweed upon bis trial now, for though in- | tion with Dr. Willard Pa wnd other eminent and Bi itself it would = subject | Tes ie physicians, this mau who has borne very prejudices which rs of the jury and render them incapable of deciding upon their verdict from the facts submitted to them, or of being guided by the salutary instructions from the Bench. Ke deemed it highly dis pectiul to the Court to push the matter upon its attention when engaged upon quite a different matter, @ brady—suppose the motion be made by Attor.ey I would not consider it dis- all. lunderstand the delendant will } what disposition may be | is a thing P cannot determine or msinuate What that disposition is likely | te be. | ‘The case was then adjourned, THE STOKES CASE, ‘verminer, Mr. Townsend asked the Court to set down some day in December for the hearing of the kes trial. Mr. Sullivan asked to have the Dis- betore setting do the his understanding the application ¢ a Rt jaid over. DUICH HEINRICH TO BE TRIED | AGAIN, = SRS The Appeal from the Conviction in the Court of General Sessions—Argument Upon This Appeal Before the Supreme Court, General Term=—Rev Previous Sentence and Granted. Henry Neuman, alias Edward Ryan, but more extensively known by the sobriquet “Dutch Hein- rich,” enjoys a notoriety which makes it unneces- sary to go into an extended sketch of his career in connection with the criminal records of this city, the grand headquarters of his nefari- | ous operations until teimporairiy estopped by a rto the quiet shades of Sing Sing Prison. well known, he was long the terror of Wall eet, Bankers and brokers stood in mortal fear of his dexterous cunning. There is no doubt but that he has been charged with the commission of Such, how- ever, despite his reckless audacity, was his sharp cunning that it was hard to catch him and much harder to convict him, Through a little EPISODE AT POCKET+PICKING, committed as far back as twelve years ago, he was pensation for his rashness—ior he had not then periected himself in the seicel of criminal diplo- | macy—had to serve a term of two years and six | months in State Prison, This made him more cau- | tious for a time, but his continued successes em- boldened him, On the loth of last January, in the St hour of the day, two men went into the ofd. 8. Kennedy ‘& Co., b: | one enga: a@ clerk in conversation upon the subject of buying some bonds, the other stole three pordsof the Appleton and New London ad Company, valued at $1,000 each, and a ssory note lor $14,916 45, payable in goid, | drawn (o the order of the firm and endorsed by them. Jt was a neatly periected as well as MOST AUDACIOUS BOND RovBERY. The men escaped with thelr booty, A deserip- | thon of one of the men tallied exucly with that of | Dutch Heinrich, He was arrested, fndic: tried at the Court of General Sessions, aud, despite the Jegal ingenuity of Mr. William F. Howe, tis coun. i, Was convicted and sentenced for ten years Lg hy State Prison, Alter his sentence Dutch Heinric of course, was resent to his old the river, Mr. Howe did not, however, iet the matter rest here. He had taken various ox. quarters {ye vase of Tho People vs. cx-Boss William M. | J captions in the course of the trial, and feit that th wos suficient legal basis upon which to ap. peal irom the verdict and carry the case before the supreme Court, General Tertn, Tt was argued iu this Court yesterda: iiges tngranam, Leonard aud Larucd, before ilowe At the conclusion of the Tweed case in Oyer and | dragged into the meshes of the law, and in com- | an unblemished character tor six years in this wouid be guilty of this crime? If it is why, here ina case where the evi- t him is circumstantial, you should And this Court was called upon to s. se where this issue is raised by the ¢ on amination of the wit- this defence is sought to be dis- butted by showing out of his own business with divers professed abortionists, the people ave concluded by his denial and are not to be allowed to show the true state of the case by contradicting him. Ht is only, he further urged, and where t matter is collateral and evant, that the cross-examining party is conchided. It was also competent to contradict the testimony given by the prisoner-witness, as to these material matters, with a view to at- impeach his credibility as a witness, A rhen he becomes a witness in the eC, 8 himself of his character and position | prisoner, and as iar as his testimony is con- | cerned is a witness m He can claim no privi- leges becau: the deten { on trial, Jf the evidence adniitted under objection was otherwise competent it cannot be excluded on the ground that it attempts to S show, that the de- | fendant has been ¢ nd distinet jel- oules, On the p: ivict Attorney there were likewise abundant citations of authorities, DECISION OF THE COURT, When the District Attorney had finished his argument Mr, Shafer rose to reply, but Judge Ingraham told him he thought it Was unnecessary for him to speak any further, as he had no doubt the Court had alve: made up its mind as to the disposition to be made of the © ‘The judges talked in whispers for a few minutes and then Judge Ingraham said that the application fora new trial Was granted, THE JUMEL WILL CASE. na = The t of Bowen vs. Chase—Order «a Strack Jury Entered=The Trial to Open in a Few Days. Yesterday the case of George W. Bowen vs, Nel- son Chase Was again before Judge Shipman in the United States Circuit Court. Mr, Charles O’Conor and Mr, Carter appeared as counsel for defendant, and General Chatfield and Mr. Shatter were for the plaintif. Both parties agreed upon an order for the of the cause by a spe. | cial or strack order recites that the Clerk 0} from the list of i Y rules of this Court forty-eight persons whom he shall indifferent between the parties and nalified to try rhis cause, The defendant and his attorney shail then first strike out one of the names and the plaiptiit or Ms agent shall strike out another name, and so alternately until each | party shall have stricken out twelve name: } | either party fail to attend at the time and place of iking this jury or shall fail to strike out any names according to this divection, the Clerk shail strike for such party. Thereupon the Clerk shall make out a list ofthe names of the twenty-four of such persons not siricken out and certify the same tobe the persons drawn to serve as jurors, pur- suant to the order of the Court, This list, so certi- ied, shall be attached to the venire in this case and delivered to the Marsha!, who shail summon the persons wiose Names appear upon the list that shall be delivered to him, in the same manner that other jurors are required to be summoned. The names so summoned shall be returned to this Court on the first Monday in December. BUSINESS IN THE OTHER COURTS. 0 st A Gold and Stock Transaction=Suit $22,000, Before Judge Biatchford. In the United States District Court the suit of John Sedgwick, sasignee in bankruptcy of Com- stock & Wheeler, vs. George M, Wheeler was com- menced yesterday betore Judge Blatchford and @ jury. I appeared that Messrs, Comstock & Wheeler tor where new matter is brought out on cross-cxami- | it | | plaints, for | had been stock brokers in this city in 1867. Subse- quent to that time they failed business and became bankrupts, Du the period that they continued as a firm of stock brokers the defendant, Mr. George M. Wheeler, dealt with them, purchas- ing stocks and gold. A long account was the result, and upon this account the plaintiff, as assignee in bankruptcy of Comstock & Wheeler, alleges that there is now due the sum of about ue. to re- cover which the present action is brought. The defence pleaded is a general denial. Case still on. Uniawful Preference in Bankruptcy— Important Decision. Yesterday, in the United States District Court, Judge Blatchford rendered a decision in the case of Peter Rado, an alleged bankrupt, The Judge says that the petitioners having accepted an, unlawful preference in reanect of the debt set forth in their petition cannot maintain the petition so long as they do not, by the petition, surrender such pref erence. An opportunity will be allowed tnem to move on notice for leave to amend the petition in that respect. ifno such motion is made the pet- tion must be dismissed, A, 8. Newcombe for the petitioners; Veter Cook for the alleged bankrupt. SUPERIOR COURT—THIAL TERM. A Queer Kind of Salad and Equally Queer Suit. Before Judge Sedgwick, My. Jacob Stapenhors anda partner some time Since hired the two lower stories of No. 170 Hester strect for the manufacture of mustard, Occupy- ing the floor also then was the American Manufac- une Company, their principal business, how- ever, being making umbrella frames, The mustard mukers found their mustard was being sent back to them by their customers, al! suying that it had a queer sort oftaste, Uponinvestigation it was found, as alleged, that a mixvure of oi! and iron filings leaked through froin the upper floor and got mixed with the mustard, Believing that their business had been seriously injured by this admixture of foreign ingredients into their condiment, suit was broughtegainst the American Manufacturing Com- Ns and the damages laid at $25,000, The case hs eral days before Judge Sedgwick, of the Superior Court, It was brought to a conclusion yesterday, aud,resulted in & verdict of $1,500 for the plaintitts, COURT OF COMMON PLEAS—SPECIAL TERM. Setting Aside a Verdict and Why it Wa: Done. Before Judge J. F. Daly, Arather singular motion was made yesterday in this Court. It was a suit brougit by J. H. Johnston against William Winter. A judgment had been rendered for the former through default, and therefore a motion was made on behalf of the latter to open the default and set aside the judgment. This motion was made on the ground that the laintitt, who is not a lawyer, signed the summons, instead of it being signed by un attorney at law. The Judge held the point well taken and directed all the plaintif’s proceedings to be set aside. SUPREME COURT—CHAMBERS. Decisions. Before Judge Fancher. Woolf vs, Wiel.—Motion granted. Hyman et al. vs. Sherler.—Same. Haymon et al, ys. Reinheimer.—Same. Hammerdein et al, vs. Fowler et al.—Same. Warner vs. Gray et al.—Same. Van Vieck et al. vs. Winans.—Same. Sullivan vs. Rollins.—Same, Muller vs. Eshman.—Same. Young vs. Buddenrich et al.—Same, Chrisolm ys, Farrell et al.—Same, Homlager vs. White.—Motion granted for $125, Kedney vs. Low.—Motion granted. Decker vs, Sturtevant.—Same, Meyer vs. Day et al.—Same. Goldstein et al. vs. Cohen.—Same, Hunt et al. vs. Leary et al.—Same. Tremaine et al. vs. Debevoise—Same. Philippi vs. Wolff.—Motion granted for $125. Davis et al. vs. Ingersoll.—Motion granted, Devlin et al. vs, Hay.—Same. by Judge Barrett. Simmons vs. Wood et al.—Motion to vacate order of confirmation granted with $10 costs, Lester vs. Union Manufacturing Company.—Mo- tion denied with costs. SUPERIOR COURT—GENERAL TERM, Decisions. By Judge Freedman. Edward Leconte vs. Anton Marhst.—Motion for judgment must be made on notice, Ellen Devlin vs. James CO. Devlin.—Order of refer- ence granted. Joseph H,. Risley vs. John S. Williams.—Motion granted upon payment of $10 costs. Conrad Jakol vs. T. E. Forloone et al.—Order of reference granted. William Fitch vs, Thomas Curry et al.—Moiion denied, without costs. COURT OF COMMON PLEAS—SPECIAL TERM. Decisions. By Judge J. F. Daly. Ferguson vs. Morgan.—Injunctions dissolved, Dibble vs. Dibvle.—Motion for alimony and coun- sel fee granted, Johnson vs. Winter.—Motion granted, Townsend vs, De Burr Motion denied, Gramout vs. Kémpton.—Motion for referee de- nied, MARINE COURT—SPECIAL TERM—CHAMBERS, Decisions. By Judge Tracy. Henry KE. Morgan, administrator, vs. John L, Prime.—Motion granted. COURT OF GENERAL SESSIONS. Marder Cases. Before Judge Bedford, At the opening of the Court, Nicholas White was arraigned at the bar charged with murder, and, on motion of Mr. Hiumel, the case was set down for trial next Monday, Assistant District Attorney Fellows consenting. Wiliam J, Sharkey, also charged with murder in the fir: ree, was placed at the bar for the pur- pose of arranging a duy for trial. Mr. Brooks Stated that there was an important witness for the defence absent, and, upon his motion, the case | Went off for the term. | An Old Forger Who Could be Sent to the State Prison for Two Hundred Years. Charles A. Miller, said to be sixty-cight years old, was tried upon an indictment charging him with forgery in the third degree. evidence that in October, 1870, the prisoner pur- chased a bill of groceries from the firm of Woodruff, Spencer & Stout, 70 Warren street, in the name of Coe & Field, Leverett, Mass., amounting to $528 31, for which he tendered in ymenut a forged check upon the Agawam Bank, of Springfleld, Mass.. Which amounted t » He received the check of the above firm for 49, making the difference between the bill of goods and the amount of the forged check. Mr, Kintzing discovered an error in the indictment to the effect that the prisoner defrauded Wootruit, Spence & Stout, whereas the proof showed that the name o/ one Of the firm was Spencer, The Judge decided that the objection made by | the counsel was good, and directed the jury to ren- der a verdict of not guilty. Mr. Fellows inoved that the prisoner be re- manced, notonly to be sentenced upon the verdict ofguti'y rendered by the jury last week in a similar case, bit that he may be indicted upon other com- The prosecuting officer said that Miller Jor @ course of ycars had succeeded in swindling a number of merchants in this ingenious way, the aggregate amount of the forgeries being, perhaps, flity thousand dollars, Judge Bedford granted the motion and remanded | Miller for sentence and trial. Mr. Feilows stated afterwards that he had com- plaints enough against Miller to send him to the State Prison for 200 year: An Acquittal. James Reilly was acauiited of a charge of grand larceny, Timothy Curtin swearing that on the night of the 30th of September the accused stole a silver | watch from him, at the corner of Greenwich and Canal streets, The defendant proved good charac- ter, and made @ favorable impression upon the jury when he testified in his own behalf. vr, Kintzing said he had other witnesses in Conrt to show that his client was in Brooklyn at he time of the larceny. The Judge und District Attorney being satisfed that it was @ case of mistaken identity, the jury rendered a verdict of not guilty. A Barglar Sent to the State Prison. William Powers, charged with burglariously en- tering the premises of Michael 8. Madigan, 571 Second avenue, on the Lith of October, and steal- ing $100 worth 01 coats, pleaded gulity to burglary in the third degree, He was sent to the State Prison for three years and six months, COURT GF GYER AND TERMINER. The Anderson Polsoning CasemAnother Indictment Against Dr. lrish—The Trial Again Postponed. Before Judge Barnard. ‘There was a large audience in the Court of Oyer and Terminer yesterday morning, attracted there by the report that Dr. Lucius 2. Irish, who was in- dicted jointly with Mrs, Sarah A. Anderson for hav- ing caused the death of Assistant Assessor Kaward 0, Anderson, of the United States Internal Reve- nue Department, by administering poison to him It appeared from the | UESDAY, NOVEMBER 19, 1872.—TRIPLE SHEET. fm the month of Apri! last, would be brought up for trial. Dr. Irish waa conducted into the court room shortly after ten o'clock, in the custody ofa Deputy Jailer from the Raymond Street Jail. District Attorney Britton stated that the Grand Jury had found another bill against Lucius B. Irish, to which he desired the accused to plead. The prisoner was represented by ex-Judge Morris and Rodman Dawson. Mr. Morris waived the reading of the indictment. The following is a copy of the document, which is ginal one :— an addition te the or! oath aforesaid, do further present that Luc late of the city ol Brooklyn, in county of Kings, aforesaid, on the 9th day of April, in the year 1872, and ‘on divers other days and times between’ the Ist day of March, in the year y and the said (9th day of April in the same year it the city of Brookiyn and county aforesaid, pon one Edward Y. Anderson, in the peace People of the State then and there bi deliberately, premeditatedly and felonious his, malice “uforethought, did make, and. that he, the said’ Lucius 8. ly, deliberately, ' premeditatedly, — felonic 1 his malice aforethousht, a large quantity of . in deadly poison called arsenic, then and there did give and administer to the said Edward O, Anderson, with in- tent that he, th Edward 0, Anderson, should take and swallow the same down into hia body! the said Lu. clus B, frish then and there, well knowing the said arsenic to be a deadly poison, and then and there intend. ing oy. the said arsenic the said Edward 0. Anderson to deprive of his life, And the said arsenic so given and ad- iintstered inte him by the said Luclus B; Erishy tne said Edward 0. Anderson (not knowing that the sald poison so administered as aforesaid was arsenic, or any other olsoning substance) did then and there take and swallow by reason and Ke means of which Ki ing down into his body, as aforesaid, he, the said Edward 0, Anderson, became and was mor: tally sick and distempered in his body, of which said mortal sickness and distemper, and of the polson atore- sald, so by him taken and swallowed down Into his body as aforesaid, he, the said Edward O, Anderson, until the day of April last aforesaid, ai, the city aid county aforesaid, did languish, and languishing did live, on which said 9th day of April, in the year Inst aforesaid te, the said Edward 0. Anderson, of the poison atoresaid, 50. by him taken aiid swallowed down into his body, and of the sickness aud distemper occasioned thereby, Wid die. And so the jurors aforesaid, upon their oath aforesaid, do say that he, the said Lucius B, Irish, the said Edward 0. Anderson, in the manner and form and by the means aforesaid, at the city and county aforesaid, on the day year’ aforesaid, wilfully, deliberately, ‘feloniously. and of his malice ’aforethought, did_kill’and muracr, against the peace of tne people of the State of New York nity. And the jurors aforesaid, upon their us B. Lrish of of the wiltully, and of iy a inst and their Dr. Irish, upon coming before the bar, pleaded not guilty to the indictment, The District Attorney said that, as Dr. Irish 13 jomntly Indicted with another person, he supposed it would be more formal that an order for his sep- arate trial be ordéred by the Court. Judge Barnard said that, as the prisoner had already elected to be tried separately, the order would be reviewed. Mr. Morris said that he had subpoenaed a large number of witnesses, but for many reasons beyond his control it would be impossible for him to be ready for trial before the second Monday of De- cember, The District Attorney interposed no objection, and the case went over until December 9. CITY COVRT—TRIAL TERM. A Pawnbroker Mulcted for False Im- prisonment, Before Judge Thompson. Annie Farnan, a widow, brought an action for false imprisonment against Francis Feeley, a pawnbroker at 48 Front street, yesterday. It ap- peared on the trial that about one hundred and fifty dollars’ worth of clothing was stolen from Mrs, Kinsella, in Court, near Warren street, on the 10th of May last. On the Monday following Omicer Roche, of the Third precinct, found the property at defendant's pawn ofice, and, on his descrip- tion of the woman who pawned it for $5, tne officer requested Mrs. Farnan to ac- company nim to the pawn ofiice, but did not arrest her. Mrs, Farnan and Mrs, Kinsella, the owner of the property, went there in company with the eflicer. The pawnbroker then positively identified Mrs. Farnan as the party who had pawned the goods, holding ae basket and saying, “the basket you brought them in was a size larger than that, and you had a calico dress on instead of the black one you now wear.” Mrs. Farnan pro- tested her innocence, but the pawnbroker advised her to plead guilty, acknowledge her guilt, and go to prison. She was then taken to the Tnird pre- cinct poles station, in Butler street, searched and locked up. In the morning she was taken belore a magistrate, where a formal com- Dlaint was made against her, and she was committed te the Kings County Jail. Her little children in the meantime were left uncared for. Mrs. Farnan was bailed out after two day’s impris- onment and on an examination before Justice Delmar she was honorably discharged. ‘These facts were proven on the trial. The defence was a general denial, Defendant's counsel, John Cooney, endeavoring to show that his client did not identify the plaintiff and that her arrest and im- prisonment were caused by the officer. ~dudge ‘Troy and P. Keady, who appeared for the widow, proved to beat satisfaction of the Court and jury that the plaintiff had suffered great wrong at the hands of the defendant, and the jury gave Mrs, Farnan a verdict for $1,000, For plaintit, P. Keady boi James ‘Troy. For defendant, Coones and Pe- erson. BLOOD'S BONDAGE. Judge Fowler’s Decision in the Famous Scandal Sait, and His Legal and Moral Reasons Therefor—The Complicity of the Accused Fully Proven—The Misera- ble Failure of the Defence—Victoria and Tennie Refase to Sign the Evi- dence Which They Gave at the Exami- nation. Judge Fowler last week rendered his decision in the case of Colonel James H. Blood, charged with nbellous publication by Mr. Luther C. Challis. Yes- terday he completed a full résumé of his reasons for this action, in which is set forth the full signifi- cance of the existence of persons who defy alike patriotic and social laws, and attack men’s charac- ters and reputations ior the sake of gain. It is given below :— The People on the complaint of Luther €, Challis vs. James H. Blood. ‘The prisoner, James H. Biood, was arrested by warrant issued upon the complaint ot ‘Luther C. Challis for hay- ing jointly, with other persons nained complaint, unlawtully and maliciously published of and concerning the sald Challis, in a newspaper known as. fH vadiull g+ Clagin’s Weekly, cortain libelous matters with the design aud intention of injuring the said Challis by bringing him into public infamy and disgrace. An examination hav- ing been demanded by the prisoner in regard to THY OFPES x portunity has been afforded t proxecutian to produce such proots as they desired. ing on me ax tbe magistrate issuing the re whom the prisoner was fer ar p against the laws’ had been committed and whether “there is probable cause to believe the prisoner to be guilty her . ‘the prisoner and “The jibel complained of is of an extraordinary char- acter, aud Is clothed in such obscene lanyuage as, it is to be hoped, seldom pollutes the columns of any’ public | | I? imputes to the complainant a most serious criminal offence, namely, that of having with another mn enticed from boarding school two youn; females of previous chaste character, taking tou house of prostitution and there delauching them; and also made other charges against him ot conduct of the most disgusting character. ‘These matters, it true of the complainant, Would deserve from the community its abhorrence pnd éxecration. ‘The publication of the paper containing the libel is | PULLY PROVED. The prisoner's deience is rested upon two grounds, vi Tivst—That the charges contained in the libel are true and (he publication is justifiable. i ‘ Second—That the connection ot the prisoner Biood with the publication was only that of an agent, all responsi- Dility tor the same being assumed by Mrs, Woodhwil and Aiisé Clatin, the proprieiors oi the newspaper publishing he libel, 1, In order to justity the publication it is necessary not only toprove the truth of the libellqus matter, biit to show that the publication was made trom good’ motives and tor justifiable ends, If the prisoner attempts to roye the truth of the libel the law requires that the ustification should be as broad and full as the charges, and that cach charge must be substantiated as m: It Hot be enough to prove one out of several libellou ces. In the present case the only statement con tained in the libel that is proved is the iact that the com. Piainant attended the French ball at the Academy o Mui. Inevery other particular there is an entire iail- | ure to prove the truth of the several charges made in the libel. ‘Shere bas heen AN ATIEMPE TO $ROW GOOD MOTITES on the part oi the proprietors o! the newspaper in making the publication In a desire to benefit society; but, giving all the credit to such desire that it deserves, tl ‘an be ni fication for the circulation of such grovsiy defama- matter without the clearest proofs of the truth of the charges. In the absence of such proois the motives | claimed to have prompted the publication looks like a pretenc cover the justification of @ spirit. of | detraction, much more than to improve the public morals or'to promote the good of society. Mrs, Woodhull swears that in making the publication the proprietors Were not actuated by any personal ill-will towards the complainant, Even if thie be so, the other elements of a, justification of the libel not being shown, rant of mailce, in fact, does not excuse the libel. ice in law, or imputed malice, is chargeable where, as in this case, A WRONGFUL ACT I8 DONE intentionally, without just cause o1 se, 2, On behalt of the mer it has been warmly urged that, having the agent of the proprietors of the hewspaper publishing the libel, upon the principe of the ‘legal mnaxim, “respondent fuperior,” the prisoner | should not be held for the offence, While it isconceded that the principle referred to, especially applica bie civil actions, {8 to tome extent ‘recog. nized in criminal proceedings, it can have no hearing on the case In It is well settled by authority that while & party who employs an innocent agent ix Hable tor the offence committed through sueh medium, yet, op the other hand, if the agent had a guilty knowledge, he wiil be onsible equally with his employer, Blackstone says:—"If wnmita trespass by the conimand or encour ment of his master the master shall be guilty of though the servant is not thereby excused, tor he is on to obey his master in matters that are honest and leg! Here it is abundantly proved that BLOOD HAD FULL KNOWLEDGE: of the intended publication of the libel in the Issue of the newspaper, about which he is shown by the evidence to have acted: He cannot be exonerated trom the legal jp the Ww jalic Ny, consequences of ‘its participation In. the publication simply because the proprietors avow their willingness to Aswuime nll. the respomabiity and swear that all thac posi) by their direction, Be idence Tam satisfied ter complained of, an Blood did in rela was do! Upon a caretul reyiew of the that, by the publication of the mat | masters of more important schools of art. egy indictment tat may vc muni against fim for euch the of securing tho Appearance of the Fae he ad esata UN Feet ‘© proper amount in which nay be held to bail JAMES W. FOWLEH, Justice, Mrs. Woodhull and Miss Claflin have refused te) sign their testim« Saaruae! ‘a given in the above case 4 UNITED STATES SUPREME cous, ———+___ Decision im the Cherokee Land Case= A ‘Yroublesome Question Sett! Brigadicr Against Brevet Brig General, WasuEnoton, D. C., Nov. 18, 1872. In the case of Holden vs, Joy, from the Circuit Court for the District of Kansas, which was argue@ at the last term of the Supreme Court of the Unitea States, an important question is settled by the de- cision now made, By the treaty of 1835 with the Cherokee Nation that tribe was ceded the land im question, now forming @ part of the State of Kan- sas, with @ provision that in case there ever should be an abandonment of the lands they should revert to the United States, Im 1861 the tribe joined the Confederates and aban~ doned the reservation, and thereupon the appelt here, and numerous others, construing tl treaty for themselves, entered upon th lands and pre-empted claims, regardil the ‘Territory as being again public of the United States by reason of the aband ment and subject to pre-emption. In 1 a treaty was made with the tribe by which it wi agreed that these lands should be sold for tts bene- fit and taat it should thereafter relinquish its title thereto. Under this treaty the appellee purchased the lands held by him, paying the stipulated price, and thereupon the question arose whethel Holden, who had pre-empted, or Joy, whe had purchased, under the circumstances stat the same land, had the better title, and that qi tion was presented, In this case the Court belo sustained the title of Joy, and this Court no aflirms the decree in an elaborate opinion, holdin, in substance that the tribe took title under th treaty of 1835 48 a nation, and that this title wi not diverted by abandonment un'ess the clause C forfeiture ior that cause was enforced by the Unit States; that as the United States did not enforce the forteiture the title remained im the tribe and could not be impaired by the entry and occupancy of private parties that the pre-emption of the land by settlers was void, because the lands were not the public land: of the government and subject to such entry; tha by the treaty of 1866, as supplemented in 1868, the lands became subject to sale, as therein agreed and the appellee purchasing in accordance with it terms became the possessor of a good title to the lands purchased. Mr. Justice Clifford deliveret the opinion, ‘This decision disposes of cases 821 828, and of many other claims of a similar cha acter, BRIGADIER VS. BREVET BRIGADIER, The case of the United States vs. Hunt, appeater from the Court of Claims, presents the question ¢ the relative position as to the grade of brevet brig adier and brigadier general, By an act of Congi of 1865 the commutation of rations was incre from thirty to fifty cents to all oficers not abo the rank of brevet brigadier general, Brigadie General Hunt, claiming that a brigadier was a higher than a brevet brigadier, ayullea fo the increase. The Pay Department took the or posite view, and refused the application. T Court of Claims sustained the position of Geners Hunt and gave him judgment for the increase askec This Court reverse the judgment, holding thatl the construction of the statute the duty of th Court 1s to ascertain the intention of the Legit ture only, and that, while in strict military cou struction there may be no difference in the tw, ranks, in practice there is, as an o1licer requires G be promoted before he can pass from brevet ran tofullrank. In any case it is said that it is clei that Congress intended to make a distinction b tween the two, else it would have said simp! brigadier general, and would not have mentiene the rank of brevet. The Chief Justice deliveré the opinion. COURT OF APPEALS DAY CALENDAR, ALBANY, N. Y., Nov. 18, 1872. The following is the Court of Appeals Calendé for November 10 inst. :—Nos. 495, 498, 499, 839, 25, 302, 407, 486. ART MATTERS. Studio Notes. T. L. Smith, the poetic, has at last returned * the fold, bringing with him trophies from tf glens and groves where ho has been importunit the goddess of fancy to give him new thougnts ar taking subjects, Some men are such favorites fortune that they have only to ask and their pray is at once granted. Judging by results we show say that the artistic Smith is among the favor ones, All his sketches are full of the charm novelty, and differ in this from the Summer wo of other men that, while in detail they are clo studies, the element of orignal compositi: enters into them and gives them the charé ter of pictures of a very high order, is, however, in his imaginative works ti the individuality of Mr. Smith finds most fitti) expression, ‘The Deserted House,” suggested some lines of Hood, is a striking example of ¢ artist's power of infusing a feeling of mystery ai poetry into his works, The old ruined house fs se in the midst of a waste of snow, broken only by t apparition of leafless trees, which look like 8 ghosts of a deserted past. Here and there t bushes peep through the chilly covering, but th only serve to remind us of the life thatonce bh been. In order to reiieve the fecling of ora caen the foreground is calculated to produce the art tempers the chilly effect by tinging the distant 8 with the warm glow of the setting sun. The co position of the work is admirable, and it has t very qualities of suggestiveness and myste) which are so generaily wanting in the realis: landscapes o1 the Ameri: school, “The Baron’s Hall at Christmas Tide” belongs aclass of moonlight subjects which may be fe to be unique. They are not often sech In publ for the reason that they find their way diree from the casel to the galleries of the purchasers, Mr. Calverly is working away in his quiet, t assuming way, On a marble bust of Mr. Bradiot This work has occupied him the whole Summer, he is one of the few men who believe in close, co sclentious work. The marbie is not yet finishc but is rapidly approaching complet: Julia Beers has gathered her interesting bevy lady students together for another Winte work. This artist is at present painting a ve nice iittle picture of the “Wood Path,’ charming locality, full of gentle shadows, te pered by gleams of light through the folia i ning the crimson woodbines that twi themselves round the vigorous aris of the state trees, It is just the kind of spot most young lad) would like to study in, if, like the woodbine, th had vigorous arms Witin’easy reach. “The Mot tain Stream” is another pretty subject, suggesti of angling, more dangerous to man than to fish Lawrie, Who has an idea—mark that, for it is & poriant!—that newspaper men go about like ch Jouniers, picking up items, is still at work ot eee in the Adirondack country. This is, “item.” ' Beard has just completed an animal stuc which he names “A Morning Call.” ‘two hour are the dramatic personages of the story, and t are made to mimic the manners of the upp tendom with a quaint humor, for wi Beard is remarkable. The animals are care! painted, A small canvas, entitied ‘The Pets show us AGG TA looking as saucy as usually do, Itis the mission of Beard to cark ture society through his iavorite pups, byt he « jects to being made subject of laughter by ott pencils. It is the old story—we like to hit, t wince when the blow comes back, We may look forward to scenery of unusua ood quality in Fechter’s new theatre, as the scet Separiment is under the direction of Mr, A. J. B ford, an artist well known im Europe by his Afri pictures, Rogers has almost completed his most importé work, “The Watch Fires of the Revolution.” by The gallery of this admirabie institution " opened to the pu! last evening, and the direct have adopted a resolution to the effect that it be thrown open to visitors every Monday event until further notice. We are glad to notice effort towards creating a popular interest in e have before the Dutch scbool of painters in the coll tio' Museum, and the many valuable examples of + BURGLARIOUS RELA’ On Saturday night last Christian Disch, resid? i at 169 Hudson street, had his room broken ti and a diamond stud, two gold rings, a gold chy and an opera giass taken therefrom, The diam stud was valued at $95 and the rest of the arti about $44 In the aggregate, Mr. Disch put the case in the hands of a det live and Officer Stevens, of the Fifth precinct, & they arrested two men, named Charles Lee é Charles Disch, Both of these men had boarc with Mr. Disch, and Charles Disch is a first cou of the complainant. The diamond stud was found in the possesstor Henry Meyers, who keeps a broker's office at Grand street. Mr, Meycrs swore that he bow the diamond from Lee and gave him $20 for The rings and opera glass were jound in the session of Disch. Lee and Disch were arr before Judge Hogan at the Tombs Police, el mitted, and that there is probable olfenice has Ween Coho prisoner, James MH. Blood, to be uilty thereof, He must, thergivre, be held to quswer yesterday afternoon and committed in defaul 81000 Datt,