The New York Herald Newspaper, November 21, 1872, Page 4

4 NEW YORK HERALD, THURSDAY, NOVEMBER 21, 1872—TRIPLE SHEET. THE COURTS. MORE OF THE BROADWAY WIDENING, A Leascholder Seeking Adjudication of His Claims in the United States Court---The Usual Formula of Legal Wrangle--- Judge Woodruff Hears the Argu- ments and Postpones His Decision. SUPPLIES TO A SAILING VESSEL. An Important Question as Re- garding Maritime Laws—A Libel and How Judge Blatchford Dismissed It. STOKES’ LEGAL DEFENDERS. How They Have Grown Beautifully Less and Who Are Left—His New Trial and the Probable Line of Defence. (THE KING-O’NEILL TRAGEDY. \Application in Supreme Court, Chambers, on Behalf of Mrs. King for Oustody of Her Ohildren—The Oase To Be Heard To-Morrow. on the 27th of February, 1671, tion of four calendar months confirmation of the award, the act entitled, “An aot in re- and st! ening of Broad- in the city ef New York, and to regulate the practice in that | pment that by the fourth section of this act it was provided that within {our ths he order of confirmation of the awards, the defendant might at tts option move before a Justice of the Supreme Court, either at Chambers or Spectal Term, to vacate the order of confirma on the showing of error, mistake, irregularity or illegalact in the proceedings for widening and straightening Broadway, or if it should appear to the Court of Justice that THE AWARDS FOR DAMAGE, or cither of them, had been unfair or unjust, or in- equitable or oppressive as respects the defendant, or any peison afiected thereby, and that there- upon the order of conGrmation might be vacated, and should become null and void, and the matter should be referred to new Commissioners for & new assessment and award within six months aiter the new reference; the new report to be pre- sented and acted upon after a certain notice and by @ certain course prescribed in the act last men- tioned and set outin the plea. The plea iurther avers that by section 6 of the Act of ‘ebruary 21, 1871, the procee dings and proofs on the motion for vacating the former awards were prescribed; that such proceedings have been had, in due compll- ance With the requirements and regulations of the last mentioned act, by a motion made by defendant to and beiore a Judge o! the Supreme Court at Special Term, on or about the 21st day of larch, 1871, and that on _ the 3d of =April, isz1, the original order of confirmation was by the said Conrt vacated, an- nuiled and set aside, and a new reference was made to other oners. Wherefore, the plea PRR, the title to the premises is not vested in the defendant, and tho it to demand the amount of the award declared u in the plaintit, To this plea, as a bar to the action, the piaintiff demurs, on the ground that the act of February 2¥, 1871, is unconstita- tional an wold, Hecmuse repugnant both to the constitution of the ‘ United States in that it impairs . the ation of a contract, and to the constitution of the Stato in that it undertakesto divest vested rights, contrary to the law of the land and without due process of law. ‘There is a joinder in demurrer by the defendant. Mr. George T. Curtis as counsel, with Mr. John ©. Shaw as attorney, appeared for for the plaintif, and Mr. Richard ‘O'Gorman and Mr. A. J. Vanderpoel for the corporation, ARGUMENT FOR THE PLAINTIFF, Mr. Curtis, in his argument on behalf of the plain- tiff, contended that the act of February 27, 1871, was void, because it impaired the obligation of a contract within the meaning of the tirst article, section ten, of the constitution of the United States. He further claimed that under the act of may tt, 1869, and the laws therein referred to, the title to the premises became vested in the defendant, by the first Commissioner's report, and the right to bring an action for the sum awarded to the plain- tiff as damages became vested in the plaintiff. It was, he contended, the intent of these acts fRosenzweig’s Discharge from State Prison. rder of the Supreme Court, General Term, Directing His Discharge from Auburn Prison—He Is To Be Brought to the Tombs to Await a New Trial. BUSINESS IN THE OTHER COURTS. Equity Calendar of the United States Circuit Court—A Clothes Wringer Explosion and Suit for Damages—Murder Trial in the General Sessions—Decisions, Yesterday Julius E. Julian, of 515 Pearl street, ‘was charged before Commissioner Osborn with having forwarded an obscene and indecent publi- sation through the mail. He gave bailin the sum ‘pf $2,000 to appear for examination. The case of Edward Richards, who {s accused be- fore Commissioner Osborn with the homicide of a Bailor named Moss, on board of the American ves- Bel F. H. Moore, of Boston, was again postponed, the witnesses for the prosecution not having ar- Fived in the city. ‘The further hearing of the case of Edward Dycer, ‘who is charged before Commissioner Shields with having passed a $100 counterfeit bill at a house up go to execute the constitutional rovision, which requires compensation to be made for property taken for public use, as to fix a definite pein of time at which, on the one hand, the public should become vested with the title and use, and the owner of the land, on the ether hand, should have a fixed and yosted Tight to his damages. The report stood confirmed, without any appeal from the order of confirmation, when the act of February 27, 1871, undertook to annul the whole proceeding by amotion. At this time the rignt of the plaintifr to recover his dam- ages was a fixed and vested right. This right thus fixed and yested was, he claimed, embraced in acontract between the plaintiff aud the city, whereby the latter was bound to pay him a sum of money in consideration of the title it had acquired to a part ot his leasehold estate. Alter going through the various points of the case Mr. Curtis observed that it was worthy of note that the Court of Appeais manifestly entertained a doubt whether the el capreee had power to pass a law vacating the order of confirmation. He referred to the opinion of Judge Peckham upon this subject. He maintained that the act of en 17, 1871, was unconstitutional and void in that it divested a vested right, contrary to the law of the land, and took away property without due process of law, against the constitution of the State of New York. He therefore submitted that the demurrer to the special plea should be sustained and the action be set down for trial on the general issue, ARGUMENT FOR THE CITY. Mr. Richard O'Gorman and Mr. A. J. Vanderpeel, on behalf of the corporation, were heard in reply to Mr. Curtis iu support of the special plea in bar to the action. They controverted the position taken by Mr. Curtis, and maintained that his argument Was not tenable. They contended that from allthe facts and circumstances of the case the title to tne property did not become vested in defendant, and that, for this reason, the right to receive the amount specified in the award did not become vested in the plaintitf, Mr. Garrison. The proceed- ings before the State Court in this case had been conducted in strict compliance with the act of February 27, 1871. The argument having closed, Judge Woodruff took the papers and reserved his decision, MARITIME LIENS. ——_+___ town, was adjourned till Monday next to enable the defendant to put in additional testimony. » Judge Blatchford decided yesterday,in the case ‘of Henry N. Wickes vs. The Steamship Circassian, (Which was a lidel to recover the sum of $3,936 for Bupplies furnished to the steamer, that the libel yuust be dismissed with costs. Thomas Kiernan was yesterday committed by | ‘Commissioner Shields, in default of $500 bail, to await the action of the Grand Jury ona charge of having done fraudulent acts of bankruptcy. In the United states Circuit Court yesterday, be- ‘sore Juig> Woodrnfy, the case of Daniel Garrison vs. The Corporation of the City of New York, came up for hearingon argument of demurrer to pleas. This is the suit well known in connection with what is called the Broadway widening scheme. The arguments having concluded, Judge Wood- ruff took the papers and reserved his decision, ‘This cause is brought in the United States Court, as Mr. Garrison, the plaintiff, lives im New Jersey, out of the jurisdiction of the State of New York. , Application was made yesterday before Judge Fancher, of the Supreme Court, by Mrs. Anna King, wife of James ©. King, the alleged murderer of ‘Anthony O'Neil, Jr., for an order to show cause why ‘the custody of the children should not be awarded to her. The Judge was about signing the order Supplies for a Domestic Vessel=Decision by Judge Blatenford. In the United States District Court Judge Blatch- ford yesterday rendered a decision in the case of Henry N. Wicks vs. The Steamship Circassian, her tackle, &c. Tne libel was filed to recover against the Circassian the sum of $3,936 for coal and wood furnished to her in October, 1869, she being then a domestic vessel, owned in New York and bound on a voyage to Europe. The supplies were fur- nished by the firm of ©. H. Bass & Co., who have assigned their claim to the libellant. The debt was contracted at the request of the agent of the vessel. The supplies were put on board of the vessel and receipted for by the master. They were proper supplies for her intended voyage, and the evidence shows that credit was, in fact, given to the vessel because of the want of pecuniary re- sponsibility of the owner of the vessel. Tne libel- lants supposed at the time that the statuce of New York would give them a lien which they could en- force by proceedings inrem against the vessel, according to the mode prescribed by that statute. The libel alleges that the claim is, by the maritime law, a lien on the vessel, and also that it wasat the time the supplies were furnished, and now is, a lien on the vessel by the law of the State of New York. Aiter the decision in the case of the General Smith (4 Wheaton, 438) in 1819 it was no longer open to question in the Courts of the United States that where necessaries are furnished to a vessel in the port or State where *when Mr. King’s counsel put in an appearance and Tequested an adjournment till he could consult ‘with his client. This request was granted and the earing in the case postponed till to-morrow, Assistant District Attorney Sullivan stated yes- terday that the cases of Scannell and King would be brought before the new Grand Jury of the Court of Oyer and Terminer at the commencement of this session, a week from next Monday, He added that | they would be brought to trial as early as possible. | The Judges of the Supreme Court, General Term, signed an order yesterday to bring Rosenzweig, the alleged abortionist, from Auburn State Prison to the Tombs, preparatory to his being tried a second dime, pu*suant to its decision of the day previous granting a new trial, An order was given to a Aherift. THE BROADWAY WIDENING. The Case in the Unlied States Court— The Owner of a Leasehold Estate Look- ing After His Rights—Argument Before Jndge Woodruff on Demurrer to Pleas Decision Reserved. . The case of Daniel Garrison vs, The Mayor, | ‘Aldermen and Commonalty of the city of New | ‘York, came up yesterday before Judge Woodruff in Chambers, in the United States Circuit Court, on argument of demurrer to pleas. The plain- tim is a citizen of the State of New Jersey, and he brings an action in this Court against the Corporation of this city, upon an award made to him by commission- ers appointed under an act of the Legislature, passed May 17, 1869, entitied ‘An act to alter the wap or planof the city of New York and to carry the alterations into effect... The declaration alleges that the plaintiff! was the owner of a iease- hold estate on Broadway, at its intersection with Forty-seventh street and Seventh avenue; that, moder the act of May 17, 1869, the proceedings Buthorized and required by it, and by the laws Alerein reterred to, were had, and that by the ‘ REPORT OF THE COMMISSIONERS Bppointed for the purpose, duly confirmed by the Supreme Court of the State of New York on Xhe 26th day of December, 1870, the sum of $40,000 was awarded to the plaintiff as damages for the of ® portion of his estate for the ‘purpose wid and straightening Broad- way; that by force of this act and of the laws therein referred to, these proceedings were final conclusive upon the Corporation, and vested jm the Corporation in fee the title to the premises Saken, and in the plaintim the ht to the pay: woent of the sum awarded within four calendar months after the date of its confirmation; that al- though more than four calendar months have elapsed the Corporation, kg 4 requested, has neglected and refused to pay the award; where- fore the plainti? brings this action and demande judgment for the sum of $40,000 and interest. The ion was commenced July 21, 1871, and the decla- gation was filed August 3, isv. fon first the general issue, The defendant with @ conclusion to jue is joined. The de- nder the usual leave, she belongs the general maritime law does not give to the party furnishing them a lien on the vessel herseli for bis security. The libel 1s dismissed, with costs. Messrs. W. W. Goodrich and W. R. Brebe for the Hbellant, and Messrs, W. A. Butler and T. B. Still- man for the claimant. EDWARD S. STOKES, Retirement of All His Original Counse} From the Case—Whe Are to Defend Him at His Second Trial—The Line of Defence. The day having been fixed for the trial of Edward 8S. Stokes, charged with the killing of James Fisk, Jr., there is some inquiry as to the counsel who are to defend him. Henry Daiiy, Jr., the last of his old counsel, has retired from his case. Mr. Daily was one of the lawyers retained by Mr. Stokes imme- diately after the killing of James Fisk, Jr., and, up tothe time of his retirement from the defence, worked zealously for the acquittal of his client. Mr. Stokes seems to be unfortunate in losing hia old and tried counsel. It willbe remembered that at the outset Mr. McKeon, Mr. Daily and BE. T. ue. Previous to the first trial, for reasons which were then stated, Mr. Gerry withdrew from the case, and Mr. | McKeon and Mr. Dally were the only ones remain- ing. Subsequently, by the advice of the latter gen- tlemen, Lyman Tremain was retained to assist in the defence. The first trial having closed, Mr, McKeon withdrew from the defence, and Mr, baily was the only one leit of the original counsel. In the withdrawal of Mr. Daily from the case Mr, Stokes has lost an able, careful and reliable ad- viser. It was through his industry and persever- ance that the main evidence justilying the aie J of Mr. Fisk on the ground of self-defence tas col- lected and introduced on the former trial, and bi reason of which @ favorable result was obtaine: for Stokes. Mr. imc! expresses great sympathy for Stokes, and gives it as his opimion that if all the reliable evidence in his favor is gotten out onthe next trial no jury will convict him, His case, lowever, isin good hands—Lyman Tremain and John D. Townsend. These gentlemen will exercise their utmost legal ingenuity in his defence. The testi- jony upon which the main reliance is now placed is said to be that going to show that Colonel Fisk at the time of the fatal occurrence had a pistol in his hand and that the fatal shot was from this pistol. JAMES C. KING'S CHILDREN. Application to Judge Fancher of the Supreme Court by Mrs. King for Their Custody=Argument Upon the Applica- tion To Be Heard To-Morrow. In the course of the full statement published in the HeRaxp of the particulars of the divorce suit pending between James C. King and Anne King, his wife, in connection with the account of the | shooting of Anthony O'Neill, it was, it will be re. membered, stated that, pursuant to a previous | order of the Supreme Court, the custodianship of the children was given to Mrs. King. Following quickly on the heels of this tragedy, and before the body of the murdered man has been consigned to nt alleges as @ bar ita last resting place and the Coroner's inquest Stokes’ counsel were John | | | these facts, heid, made to Judge Fancher at Supreme Court, Chambers, on behalf of Mra. King, for an order to show cause why the c' of the children should net be awat to her. me ind eir tively Ave, eight and eleven—were produced in Court, very pret children they Sr though it was scarcely eviden' 4rom their nce that they comprehended the nanare of tke great calamity that had befallen em, Ex-Ju Fullerton presented to the Court the rt O! Josiah Satueriand, she referee ap- ointed to the testimony in the divorce case etween King and his wife. He urged that under the circumstances o! the case the custody of the children should be awarded tO Mrs, King, as they required a mother’s care, As there was no aupiatsuce on behalf of Mi , the Court directed an order to be entered awarding the children to their mother. The Judge, however, had not signed the order be- fore Mr. A. J. Vanderpoel, counsel for Mr. King, arrived in court, and stated to the Court that the order te show cause had been granted before Judge Sutherland’s report had been made, and it was not before the Court when the default had been taken, and that there was no need of so much haste, ad the children were being well taken care of, and the mother allowed access to them at all times. Ow! to the position of Mr. Ki in the Tombs he hi been unable to consult with him in regard to the Matter, and therefore asked time for such con- sultation before the Judge would decide the mat- ter. Upon this statement, and after hearing Mr. Pee oan dpe onder Wileh he had gramved decided not to sign the order w by default, SOreAarned the further hearing until Friday morning at ten o'clock. ROSENZWEIG, ea eee Ps An Order Sent to Auburn to Bring Him to the Tombs. * In the Supreme Court, General Tce@m, yesterday, Mr. WilHam F, Howe, counsel for Rosenzweig, applied for an order to bring his client from Au- burn State Prison to the Tombs, The Court signed an oraer reversing the trial of the Court of General Sessions and setting aside the judgment of convic- tion. This, with the District Attorney's commit- ment, was given by Mr. Howe to senzweig, the convict's wife, and she started for Auburn ease nay, afternoon after her husband, who will te brought here in charge of the Sheriff and held at the City Prison to await u new trial, BUSINESS IN THE OTHER COURTS. UNITED STATES CIRCUIT COURT. The Equity Calendar. Cases on the equity calendar of the October term will be heard by Judge Blatchford in the District Court room on Monday, December 2, at eleven o'clock A, M. SUPREME COURT--CHAMBERS. Deoisio: By Judge Fancher, Ellison et al. vs. Wol!.—Motion granted, Bendheim vs, Bendheim.—Same. Raynor vs. Seaman.—Same, Eliza McKeon vs. James McKeon.—Judgment granted for separation from bed and board, and custody of child awarded to plaintim, SUPERIOR COURT—SPECIAL TEAM. Decisions. By Judge Sedgwick. Richard C. Beamish et al. vs. John McLaughlin et 1.—Motion denied. John 0. Carpenter vs. Laura D. Carpenter.— Order granted. Augustin H. Hart vs. T. N. Conkling.—Same. A, Waterbury vs. Henry F, Hamill.—Same, William Fitch vs, Thomas Curry et al.—Order dis- missing motion, with $10 costs, Elizabeth T. H. Finn vs. Michael Ennis et al— Order of reference granted, COURT OF COMMON PLEAS—TRIAL TERM. Barsting of a Clothes Wringer and Suit for Damages. Before Judge Larremore. Mary Halloran was formely employed in the laun- dry department of the Prescott House. As in nearly all our large hotels the washing is done by steam. While Mary was at work there the clothes ringer burst,"causing @ compound fracture of her thigh and disabling her from labor for several months. She brought a suit ist Mr. Hexter, the pro- rietor, claiming $5,000 damages, The line of de- lence was that the proprietor was in no Wi responsible for the accident, but that the blame, if any, lay upon those in charge of the machinery, and that an action for damages could only lic against the latter. The jury, after being out several hours, announced that they could not agree, and were eile BE dis- chal It was stated that they stood ten for the plaintif and two for tke defendant. COURT CF COMMON PLEAS—SPECIAL TERM. Decisions. By Judge J. F. Daly. Newkirk vs. Newkirk.—Motion granted. Ostrander vs. Drew.--Urder granted, In the Matter of the Assignment of Pratt, Oakley & Co., Insolvents.—Same. Sheron vs. Shirbley.—Order settled, Luke vs, Hake.—Order retused, Mason vs. Simon.—There is no issue as to co- partnership raised by Simon’s answer, and the examination as to himis not proper. Objections to questions sustained, COURT OF GENERAL SESSIONS. The Trial of Emile Andrie for Shooting His Wife—One Witness Examined— The Case Adjourned to Obtain Proof of the Name of the Woman Killed. Before Judge Bedford, The trial of Emile Andrie, charged with killing his | wife, was resumed yesterday in the Court of Gen- eral Sessions, before Judge Bedford. District | Attorney Fellows called Dr.\John Beach, who tes- tifled that he made a post-mortem examination of the body of the deceased at the Morgue; he found on the right side of the head, behind the ear, a very large, rough wound, which entered the skull, into which he could readily put his finger; he pulled out some wadding; there were no other ex. ternal marks of violence upon the body. The doctor traced the course of the wound to the brain and found that it went across the brain just behind the spinal cord, and had fractured the whole base of the skull; the hemisphere of the brain was also lacerated to a considerable extent, and the slugs now produced he got from the substance of the brain; the death was instan- taneous from the destruction of the base of the brain, wounding the spinal cord, which was caused by the wound already spoken of; there were pow- der marks on the surrounding flesh, Cross-examined by Mr. Brooks—I found the in- ternal organs healthy and the uterus in a state of pad hae lestimated that the period of gesta- tion was between four and five months; I removed tie fortus from the womb, At this juncture Assistant District Attorney Fel- lows stated that he would rest the case for the people as-soon ashe could prove two facts—frst, that the pistol now produced was the one which | one of the witnesses took from the prisoner and handed to Officer meatal and, secondly, that the Mrs. Andrie who was killed, and whom it was in | proof was the wile of the prisoner, was Leoni | Andrie, as charged in the indictment, Counsel for the prisoner declined to admit those important technical points, and after considerable talk between counsel the Court adjourned till Thursday morning in order to afford the prosecut- ing officer time to procure witnesses to establish COURT CALENDARS—THIS DAY, ScupreME CouRT—GENERAL TERM—Held by Judges Ingraham, Leonard and Brady. 08. 139, 140, 142, | 143, 146, 151, 164, 155, 157, 158, 159, 160, 161, 162, 163, 164, 166, 167, 168, 160, 170, 171, 172, 173, 25, SurReme CounT—CircuiT—Part 2—Held by Jud Barrett.—Nos. 770, 846, 663g, 588, 670, 1184)¢, 11 18 98, 480, 956, 1216, 124, 1248, 1282, 1284, 1238, 12 , 1260, sonchen ree ae er by Judge Fan- cher.—Nos. 40, 47, 64, 65, 66, 73, 74, 76, 77, 80, 91, 93, 104, 108, 109, cail 124. 2 At "7s OO Op SUPERIOR COURT—TRIAL TERM—Part 1—Held by a 631, 627, 1917, 1557, i, 1799) 1880, 1801,'1801, 1927° 19081029 4549? Loe? PO CovrT OF COMMON PLEAS—TRIAL TERM—Part 1— Held by Judge Loew,—Case on, Part 2—Held by Judge Larremore.—Nos. 1517, 1676, 1343, 1559, 78, | 1716, 1704, 1707, 1796, 1695, 1696, 1361, 1662, 1709, 1741, 5, 1702 Court or Common PLEAS—EQuity TerM—Held by Judge Daly.—No, 17 MakINe CovRT—TRIAL TERM—Part 1—Held by Judge Spauiding.—Nos. 1280, 1281, 1282, 1283, 1484, ge | 90, | 1499, 1600, 176, 56, 668, 644, 096, 796, 1082, 710," Part 2—Held by Judge Joactimecu-Adjourned until November 27, BROOKLYN COURTS, —— UNITED STATES COMMISSIONERS’ COURT. A Supervisor of Election in Trouble. Before Commissioner Jones. Tenalley F. Foley, a Supervisor of Election for the Seventh district of the Thirteenth ward, was charged yesterday with having neglected to per- formnis duty on election day. Sa eecuee wos ig: norance of the law, which required hia strict at- tention to duty, He waived examination and was 1. held for trial in default of $2,000 bat The Crusade Against Liquor Dealers, Before Commissioner Winslow, The Marshal's men continue their ¢rusade tile ‘special tax required by taw., Yesveraay four W. Seer. were mresved Sekoonfolder, pa 66 ~or street; J, ons Toms w. Garaan, eport. They were held to bail to answer by the Commissioner. it Against the South le Ratiroad ompany—High Old Passenger Cars. Before Judge Barnard. Mary Raobst is suing the South Side Railroad Company to recover $10,000 damages for personal Injuries, She charges that while the company were running extra trains to Breslau in June, 1870, the cars used had no steps by which passengers could ‘ascend to them, and those who wanted to get aboard had either to climb over the wheels or be lifted up by others persons. She was attempting the perilous feat of get into one of these ouri- ous vehiclos when the engine, without any signal being given, suddenly backed the train, and, slipping, she nad one of her feet crushed between two cars. Result, that foot has now but one toe, The defence is a general denial. Case on, CITY COURT—TRIAL TERM. Heavy Verdict Against & Railroad Com. pany. Before Judge McCue. In the suit of Dr. Nathan Newton, an aged resi- dent of the Eastern District, against the City Rail- road Company, to recover damages for personal in- juries received through the company’s negligence, the’ gory, gave plaintiff $7,100. Dr. Newton, while on an open car tn Fulton avenue, @ broken guard at the end ofa seat, yn the guard gave completely, and he fell back in the Stroot. One of his logs was ‘tractured, and he waa also severely ‘about the body. A Smalipox Reminiscence. Before Judge Thompson, William Granger's son Edward died of smallpox in March last at 33 Cranberry etreet, the landlord of which premises was one Henry ©. Foster. In a euit brought by Mr. Granger yesterday he charged that severai days before his son's death he paid Foster $500, the latter having threatened to have the patient removed to the hospital unless the money was paid. Subsequently Granger, who thought that the landlord could have the boy re- moved, found that the health authorities had quarantined the boy, allowing him to remain with- out any regard for Foster at all. Hence the suil which is brought to recover the $500. Foster, on the other hand, says that in arrangin; to have the patient kept in the house he movet him to the top floor of the house and constructed another staircase, so that the other tenants woyld be freed from contagion, The money was paid for making all the arrangements attending the case. The deiendant claims to have been damaged $300 bE allowing the patient to remain in tue house, ase OD, COUNTY COURT AND COURT OF SESSIONS. The Programme for 1873. Before Judge Moore. Judge Moore has appointed the following terms of the County Court for 1873:—On the second Mon- day in January, the first Monday in February, the first Monday in March, the first Monday in April, the first Monday in May, the first Monday in June, the first Monday in July, the second Monday in September, the first Monday in October, the first MOnARy: in November, the first Monday in Decem- r, Each term will be hold for tne trial of issues of law and of fact, and for the hearing and decision of motions and for other proceedings. A jury will be drawn and summoned for each term also, Terms of the Court of Sessions will be held as follows:—On the second Monday in January, the first Monday in February, the first Monday in March, the first Monday in April, the first Monday ia May, the first Monday in June, the first Monday in Jyfy, the second Monday in September, the first Monday in October, the rst Monday in November, the first Monday in December, There will be 4 grand and petit jury at each term. Judge Moore will attend at Chambers every Saturday, at ten o'clock, save during August, for the transaction of Chamber business, BROOXLYN COURT CALENDARS. SUPREME COURT—OIRCUIT.—NOs. 383, 86, 86, 108, As 36, 143, 144, 147, 155, 160, 165, 109,'173, 174, 1 5, 176, 181, '187, 188, Crry CouURT.—Nos. 340, 26834, 146, 313, 165, 197, 41, 113, 255, 260, 274, 281, 383, 182, 141, 143, 144, 123, 878 to 305 aneinn ‘and 897 to 400’ inclusive, UNITED STATES SUPREME COURT. The Liability of United States Marshals= Bankrupts’ Assignees-War Risks on Vessels Chartered by the Government— An Important Internal Revenue Case= The Statute of Limitatio: WASHINGTON, D. 0., Nov. 20, 1872, No. 251. Frow vs. De La Vega.—Appeal from the Circuit Court for the Western District of Texas.— ‘The bill in this case was filed by the appellee, who charged Frow, associated with twelve others, with attempting to defraud him of certain lands in Texas by means of a forged testimonio vizia deed, purporting to be a conveyance from De La Vega to one League. Decree was taken pro conjesso against Frow and some others, which was subsequently made absolute, and a motion being made to have the order making this decree absolute set aside, 1t was denied, and this is an appeal from the order denying the motion, the appellant contending that there was no ground for granting the order com- lained of. The proceedings below appearing 1o ave been in every way regular, the appellee sub- mits that decree must be affirmed. P, Phillips for appellant; J. J. Durant for appeliee. No. 253. Perham vs. Way et al.—Error to the Cir- cuit for the District of Indiana.—This is a suit to make the sureties on the bond of United States Marshal Rose, of Indiana, lable for the loss sus- tained by a false return made by him as Marshal, Perham held the note of a party in Indiana for $7,000, which, as his property was confiscated by the District Court upon the return of Rose that he had seized the note, thereupon the note was sold to the maker for about one-half its face. Per- ham now secks to make the sureties pay the loss he sustained by reason of the false return, in consequence of which the note (all the while in his possession in Kentucky) was rendered without notice to him and without proper process of law. This Court, having ona former occasion decided that it was necessary for the Marshal to have the note in his actual possession before making such a return, the only question now pre- sented is whether the sureties are lable. Tho Court below held that under the ruling of this Court the proceedings in confiscation were void, because of the false return of the Marshal, and that therefore Perham’s claim on the note was pee | and could be enforced against the maker. It is here contended that the record in the confiscation pro- ceedings cannot be attacked in this case by well- settled authority, and that therefore the plaintiff | must recover of the sureties. Coburn, Dye and Harris for appellants; Jolin B. Niles for appellees, No. 254. Massey and Downing vs. Allen, Assignee in Bankruptcy of Downing.—Appeal the Circuit Court seurl.—Downing, the bankrupt, with whom Massey resided, executed to her a_ bill of sale of the premises situated in the city of St. Louis, which conveyance was kept by Massey with- out being recorded, There was no formal transfer of the property. Downing subsequently failing, his assignee sought to reach this property for the benetit of his creditors, transfer was not followed by such a delivery and foreman as vested in Massey any title as against owning’s creditors, and the judgment was for the assignee. It is here contended that as there is no allega- tion of fraud, and no dispute that there was full consideration for the transfer, the property should not be taken by the bankrupt’s assignee without a return to Massey of that consideration. Where there is no actual intentional fraud, it is said, Courts of Equity do not set aside a sale without requiring the consideration to be repaid. Krum and Dillon for wien? Lubke, Player and Hitchcock for appellees. No. 256. Reybold et al. vs. United States Appeal from the Court of Claims.—The owners of the | steamer Express chartered her to the government, | they taking the marine and the government taking | the war risk. In January, 1865, when the Potomac | was frozen six oT eight inches thick, and the cha nel was only kept open by government steai ers and ierryboats, the nha being Washington, was ordered to proceed to | Glesboro, and did so considering the order impera- tive, though the master did not think it safe to cross the river. The result was the loss of the ves- sel and a claim for her estimated value. The jndg- ment below was that the loss was occasioned by the state of navigation, which was a marine risk, to be borne by the owners; and that, although the fact that war existed may are been $pe of the reasons why the trip wad Ordered, still it was too remote & cause to bring the loss within the war risk assumed by the government. The appeal maintains that the trip being made by military orders against the will of the owners the govern- ment is responsible for the loss. The same ques- tion is presented in a number of other cases before the Court. Mr. Faller for appellant, Mr. Hill for government. No. 257. Starr vs, Lamb et al.—Appeal from the Circult Court for the district of Oregon,—This case concerns the title of block 218 in the city of Port- land, Oregon, which was acquired with title to other lands by one Lownsdale from the United States under the Donation act. The patent was pplied for tn the name of Lownadale’s wife, aud from | for the District of Mis- | ‘The Court held that the | children conveyed her interest to Starr denies to clue from Stout, and the question is whether Stout took by ti conveyance from Lownsdale of the interest con- veyed to Lownsdale by his child, which was sub- sequent to the conveyance to Stout; in other words, whether the conveyence made to Stout by Lownsdale contemplates & subsequently wired title. The Court below gave Starr, as Stout's vendee, the interest held by Lownsdale when his pe was made; but me pene nae Lo ‘quent juired interest of the child. . Reddick ‘pr appelians, Mr. Williams for appellees. No. 269. Gray, Collector of Internal Revenue, vs. Darlington.—Error to the Circuit Court for the Eastern District of Pennsylvania.—This is an action to recover five per cent of internal revenue on $20,000, @ sum realized by Darlington on an ad- vance in value of government bonds held by him. The amount was paid under protest, Darlington claim! that the advance in value of the bonds was an Increase of capital and not income. The Court below took the same view of the case, and the ju nt Was against the Collector. It is here urged by the government that by the Internal Revenue laws any gains or profits from any source whatever are income, aud that the tax was property: collected. The defendant in error main- ains the same point taken below, and urges that the advance in value of the bonds not bet! within any one year presents the stronges reason ogainss its being considered income of the last year the tax. The law, it is said, annual income, and if Con; had to include the advance in value of ‘vonds or other personal property tt would per ‘Hill and pa. willluse for govern ment; No. 270, United States vs. Cook—Uortificate of division from the Circuit Court for the Southern District of Ohio,—The defendant was indicted at the October term, 1804, for the embezzlement of fands held by him as a paymaster in the army, the indictment charging acts of embezzlement in May, July, September and October, 1862. The defendant demurred to the counts so charging, on the gfound that more than two years had elapsed since the offences were committed. On the question whether the prosecution was bound by the Statue of Limt- tation, and on the further question whether prop: erly construed the siatute limits the time within whioh an indictment must be found the Court divided in opinion, and these questions were cer- tified here for answer. The government contends that, although the in- dictment charges the commission of the offences on certain dates, it is still competent to prove upon the trial the commission of the offences on other dates, not barred by the limitation of the statute. ‘The question whether the statute contains a limita- tion is submitted by the Department of Justice ithout argument. The defendant contends that the statute limits the time tor prosecution to two yates after the offence is committed, and that on she trial of af Indictment the proofs must be con- fined to the dates charged in the indictment. ©. H. Hill and G. H. Williams for the government; H. H, Hunter and Kebler & Williams for defendant, COURT OF APPEALS—EALENDAR. ALBANY, Nov. 20, 1872. The following is the Court of Appeals day calen- dar for November 21:—Nos. 253, 392, 407, 436, 420, 414, 410, 352, AMERICAN INSTITUTE FAIR. Re 5 Closing Day of the Great Exhibition at the Rink. Yesterday was the closing day of the American Institute Fair at the Third Avenue Rink. The sea- son had already been extended, tn obedience tothe wishes of the exhibitors, but it was decided that yesterday should decidedly be the termination. The band was in attendance from one o'clock and tooted away in an unmeaning manner for several hours, In the meantime the visitors were gradually increasing in number, but, considering the impor- tance of the occasion, their number was marve- lously small, Already the signs of breaking up were visible on all sides, and ex- hibitors were beginning in a quiet way to pull their things to pieces, prepara- tory to packing them up _ entirely. The machinery did not seem to have the same enthusi- astic roll as of yore, and indeed many of the machines had stopped ei In fact, the whole place had a look of mournfu instability about it that contrasted strongly with the previous daysof activity and brisk bargains. During the entire pre- vious pipat and throughout yesterday the mana- gers had been in consultation as to the prizes to be awarded, and at four o’clock precisely the Board of Managers took their scats on the platform and Mr. Ely advanced to the front and made the closing speech of the exposition. He congratulated the managers of the American Institute on the succe: which had attended their efforts thus far, and ex- pressed satisfaction at the character of the articles which haa been exhibited this year to the public. The American Institute had always been willing to do its utmost for American inventors and to hel} them to give their works that publicity whic! they could not otherwise obtain, It was a benetit to pee re in the transaction, and certainly the exhibitors had no reason to complain when they had found so sure a means of sale for their goods. He then spoke of the prosperity which had attended the enterprise, and said the only draw- back this year was the horse disease, which had cut down the receipts fully $10,009 ina period of two weeks. But iortunately, he said, the Insti- tute was now above pecuniary want, and would goon Er eeeoe. when he himself and all those connected with it were long in their graves, Mr. Dodge then read the list of prizes and medals awarded to the exhibitors. About one hundred and fifty gold medals were awarded to the exhibl- tors in the various departments. In the evening the number of visitors to the Fair was immense— prone the largest number of people the vast uilding has yet seen at any one time. They poured in by thousands, and crowded every part of the passages and corridors. The Fair remained open until ten o'clock at night, and then the people took their last look at that which made up one of the most successful fairs ever held in this city. One by | one the lights went out and the building was cleared of its visitors. To-day the work of removal wiil begin, but will last no doubt for two weeks yet. The Rink will be used again next year for the same purpose, as it is now the property of the American Institute Asso- ciation, TAKING POISON, Mysterious Case. The Twenty-eighth precinct police. yesterday In- formed Coroner Herrman that Jane Campbell, a Scotch woman, fifty years of age, had died ai 419 Canal street from the effects of a quantity of Paris green, which it is alleged she had taken with sui- cidal intent. An investigation showed that deceased, a very respectable-appearing woman, called at the house 419 Canal street and asked permission of the family to remain till Monday morning, as in the meantime she expected her husband to arrive from Buttalo and accompany her to Boston. Mrs. Campbell was provided with room, byt tho next mornin; as she did not appeat for breakfast, Tada were instituted which resulted in fnding her quite sick, She wanted moshing 00 eat, and appeared to be in great mental an; as wellas suffering in- ore y ty sical pain, ie lady of the house kindly offered to send for her physician, but Mrs. Camp- bell said she knew what was the matter, and | | needed no medical aid. She; however, continued | to grow worse, and the family, becoming alarmed, summoned a doctor, when she immediately con- | fessed to having taken Paris green, which she said ; had been in her possession for two years. Mrs, Campbell, being informed that she was about to die, was asked to state the motive which prompted her to swallow the poison, but declined doing so, after Intimating that she was suffering from a great burden of woe, the nature of which she de- clined to disclose. Previous to her death, which oceurred on Tuesday evening, Mrs, Campbell confessed that she was unmarried, and said she represented to the contrary for fear, if the truth was known, she would not be admitte to the house, Evidently the unfortunate woman went to the house in Canal street with the full de- termination of taking the fatal dose and never leaving it again alive. Mrs. Campbell said she had a brother living at or near Buffalo, and that he was a farmer, It is stated deceased was roy poor, and that recently she pawned some articles of clothing, under the name of McKenzie, to raise money upon Which to live. Doubtless, finding life a burden to her, she preferred to end her troubles and her life at the same time. Her remains were sent to the ee where they will remain several on for identi: cation, and, if not claimed, the body will be buried in a pauper’s grave. Coroner Kee- nan has the case in charge, and, if possible, will unravel the mystery at present surrounding Mrs, Campbell's death. ° STRANGE STORY OF TWO YOUNG GIRLS. Ella Brand, twelve years of age, Whose parents reside at 270 Leonard street, Willlamsburg, and one of her compantons, Lena Howell, thirteen years of age, of 13 Ainsile street, left their homes on Monday evening last, and nothing was heard of them by their parents or friends until late on Tuesday evening, when they were found in an office in North Second street and conducted to their homes. The girls say that two young men met them near their lences on Re even- ing and induced them to visit New York. On reaching there they were taken into s Bouse ‘4 Ens" aS eae Yong tips thent, | Theve they rend, detained them until the followin; hen they were escorted to the Williamsburg 61d¢ above, ‘of the river and found as stated THE IMPEACHED JUDGES. pacman The Senatorial Court of Impeachment in Ses sion—The Case of Judge Prindle To Be Taken Up—Counsel Unable to Open the Argument in Consequence of a Paucity of -Mombers. ALBANY, N. Y., Nov. 20, 1872, ‘The State Senate met at ten minutes to clever o'clock A, M., Senator Benedict in the chair, The roll was called, and fourteen Senators responded, as follows :— Messrs, Adams, Allen, Ames, Baker, Benedict, Chatfleld, Cock, Dickinson, Lewis, Perry, Tiemann, Wagner, D. P. Wood and J. Wood. There being no quorum present, the Senate took @ recess tilt — three o'clock P. M. The obdject of the session is to make a final dispo- sition of the case of Judge Prindle, of Chenange | county, tried in June last on the charge of unlaw- fully receiving fees as County Judge and Surrogate, and then to take up the case of George M. Curtis, Justice of the Marine Court of New York city, charged with official misconduct in entering into a corrupt copartnership with Cushing, Pittman, Gardner and Goodhart, attorneys and counseliors- 2 f Jaw in the said Marine coure ml iat hoousered 2 anjust decisions, and that he, was guilty of indecent and improper conduct and tan, on the Bench. Judge was present in person and by counsel, Messrs, K. H. Prindle, Mygatt, and Glover, Messrs, Stanton and R, W, Peckham, Sén., ap} for the prosecution. Afternoon Session. The Senate re-assembted at three o'clock P. M. with the following present :—Licutenant Governor, Beach and Senators Adams, Allen, Amos, Baker,’ Benedict, Bowen, Chatfleld, Cock, Dickinson, Fos- ter, Graham, Lewis, Lowery, Murphy, Perry, Tle- mann, Wagner, Weismann D. P, Wood and J. Wood. The Chair announced that the first business im order was the argument of counsel in the case of Judge Prindle. R. W. Peckham, counsel for the prosecution, sald his associates were prepared to go on; but he did not think it apurcniate to go on with the d- ment without at least two-thirds of the Senate being present. He thought. if such a thing could be done more than a mere quorum should be pres- ent; but ifthe hearing o! the argument was be marely @ farce or matter of form why it should on, But if the Senate was unprepared to vol without Loar the argument he thought it should be heard by all or nearly ali who are tovote. He, theretore, respectfully asked that they should not | be oumpelled to go on with the argument before @ namber which it would require to vote unan- im convict. gatt, counsel for the respondent, called | attention to the fact that it was now a fall | ear since these charccs werg mide, during all Which Umé Judge Pritts figd held ‘himself ready to answer, and that he had all that tims taséed under the imputations contained in the charges. His counsel had been renee, to submit the case to the judgment of the Senate without argument. The respondent had appeared here again anxious fora decision. ‘There was present a quorum cupable of acting, and as the peapondant, if guilty, should be convicted, if innocent, should be discharged, he asked that the argument proceed. roe) Mr. Peckham insisted that it was necessary that this argument should be made, so that Senatora could vote understandingly; and this being so, it was equally necessary that there should be enough Senators present to make the vote effective. Now there were not enough present, should the Senate find the accused guilty, to convict and remove him, Then of what use would the argument be? He said | the absentees could be sent for, and unless this was done it seemed to him that this trial would amount to an ia el and total farce, Senator Benedict ilkened the Senate in its pres- ent condition to a committee, and said absent Senators would decline to take partin the vote on the ground of not hearing the argument. He re- ee ed it as in rbot that the argument should heard; and it seemed to him that it would be better to postpone the hearing until the first week of the regular session; but if so long an adjourn- ment was not desirable, then he would be in favor of adjourning till to-morrow, or as soon asa full Senate could be ptécured. He understood that several Senators were sick, and he did not know as their presence could be posure 2 Senator Perry inquired the situation of the Cure’ tis case. ‘The Chair said he understood that case was to be f } | taken up on the conciusion of the Prindle case, and that witnesses were expected to be present om, Friday next. Senator Perry said if there was to be any discum sion on the proposition for an adjournment he ba a posed that, under the rules, it should take place q secret session. He therefore moved that the | Senate go into secret session, which was agreed to, and the Chamber was cleared and the doors ee | On reopening the doors the Chair announced t! } the Senate had adopted the resolution that the hearing of the argument in Judge Prindle’s case |) be ; Ce till to-morrow .morning, at ten)) o'clock. On motion of Senator Lowery the Clerk was dl- rected to telegraph to absent Senators request their presence here to-morrow, at ten o'clock A. The Senate then adjourned till ten o’clock A. M. to-morrow. LITERARY CHIT-CHAT. THE LONDON Spectator assumes that ‘De Morgan's Probabilities was by De Morgan. Naturalas this seems, @ correspondent writes that Professor De Morgan once informed him that his name was at- tached to the work in mistake, A PostuumMous Work by the late Dean Alford, consisting of a series of Advent sermons, and en- titled ‘Sons of God: the Known and the Unknown,’* will shortly be published by Hodder & Stoughton, Dr. C. M. INGLEBY has in press a volume entitled “Shakespear’s Prayse Sung by the Poets of a Cen- turie,”’ being a complete Catena of early notices of Shakspeare and his works, with a photographio frontispiece reproducing the Hunt portrait. . DELESCLUZE, the Communist, was once a writer, in the Dévats ! M. DE LAVELEYE has published a carefully writtem, work on “L’Instruction du Peuple,” in two parts. The first part is a treatise on primary instruction,! the second is an analysis and summary of the legis- lation on and position of education in the different, countries of the world, Mr. JounN Mure is reprinting a revised and en larged edition of the fourth volume of his “Sanscrit Texts.” ! Tur Late Mr. MAGUIRE was for many years pro. prictor and editor of the Cork Examiner, He was also the biographer of Father Mathew, and hist work, ‘Rome and Its Rulers,” ran through several’ editions. The latest production of his pen was & novel called “The Next Generation.” At the time’ of his ‘death he was engaged on a history of the Jesuits. ¥ Iraty Has Recentiy Lost two distinguished, authors—Siguor Paolo Emiliani Giudici, who died in England, where he was Well known. His chief works were a ‘History of the Italian Theatre,” the “History of the Italian Municipalities,” and the “History of Italian Literature.” The other, Signor Felice Finzi, died at Florence at the early age of twenty-five, having gained a reputation by his lin- guistic studies. With Professor Mantegazza he founded the Archivio di Etnologia e di Antropolo- gis, and was one of the promoters of the Societa Orientale, of Italy. Dr. W. H. BLEEK and his cousin have had twe Bushmen staying in their house in Cape Town for the last two years, in order to learn the Bushman | language from them. A dictionary of it has been begun, and tne grammar is gradually becoming, clear to the Doctor and his helper. They stat that the mythology of the Bushmen is highly tuter* esting. “ A SOLAR SCIENTIST. Dr. Buechner on the Sun’s System, Last evening at Steinway Hall Dr. Ludwig Bucols] ner, the German philosopher, delivered the first @ series of four lectures upon scientific sub-|_ Jects, The lecturer took for his subject « i Sun and Its Influence on Organic Life.” speaker endeavored to show that the great} god of day was the primogenic cause) of life. Without the genial jafuence of the: rays which the anltey sun diffuses all nature wor cease to exist, would have no being, and all thi would fade and die. While the sun shot do’ Upon earth his golden rays man could live trees and flowers would bloom; if his lustre was dimmed and his face hidden from sight the hours of night would come upon us unawares and darkness, and death would supply the place of the golden glow of jovial gladness, . The lecturer next proceeded to elucidate in & clear and graphic manner the action of the sun, ang the manner in which it influenced the earth. deductions were ep and their sul was to the eifect that this mundane sphere of our) is but subservient to the action of the solar are 5 The speaker wound up his lecture with true tonic crispness, by referring to the fact flowers grown in darkness have no tint or and that in like manner human beings rearet out the light of intellectuality wilt and fade eviat feo ghee Luyni4ou,,