The New York Herald Newspaper, November 22, 1872, Page 5

oy | “war. Thith “was the ol Frederik William's way, and Wilii'4m does the same. S80 he and rig Bpecaaative ver fonniey ig poor, Look how - ‘pew banks that being rion — Hock companies forming for Fetes ¢ f H I c that of France. coming in Germany, You seo ra nothing of Seance Ot banking, of the science an. i Political economy. ey know war, ‘a few scholars who know Sanserit; bat that gigantic, brutal ier oa ir ancestors did the savage times, when it comes to finance they kuow little more than Cossacks, ‘Ti are = running wild on account of this im ae. Prussia is like Russia in her strength asa mil.tary nation, her weakness as a financial ration, And the tof speculation has taken fire in all Germany. the most alarming stories from Berhn, ‘The fermen ‘want to make money as rapidly as they " ‘war. Look at the dcaiings in your American des, The Germans were g! t have then ‘and be sure of their six per cent. Now they want ten and twelve per cent. Asa conse je, AMCF- } bonds are going to seers and Holland. ‘The "Geran have sold two or three hundred millions ei then it their mency into iactories t ‘“ They area great, ignoran » Who war the sout f yur stock will be taken in a day, merc mame probably heading the subscription ALSACK AND LORRAINE. “What do Germans of your way of thinking fee) @bout Alsace and Lorraine ‘” “That is another of. bismarck’s pretty jobs. I ‘think, as the war went the way it did, the Germans #hould have held Strasbourg and dismantled Metz. Germany would have demanded that. But who ‘wants Metz and that country up around Thionville? igno more German than Bordeaux or Bayonne. fe might as well write to os President and 8a; ‘that we heard there were a hundred thousand Ger- mans in your State of Missouri and that we want to annex it. Lorraine wiil be of no use to Germany and, far irom being, of use, a. weakness, It will be Hike the heel of Achilles, ‘he Empire is armed in point, and invulnerable, but the spear will through Lorraine. ‘The warmest Prussians— mean the fiercest of the Junkers—feel grave over shis blunder, 1 am sure Bi ck would giadiy ive up Lorraine ii France were only satisfied, ans Make peace and hold Alsace. He did not want Lorraine; but Moltke made the King consent to the occupation as a milit necessity. The ‘@ther countries make such a talk about it that the Rerhgtonie in Germany jee) their pride wounded, And Germany is the last nation to revive the right -@f conquest—to trample upon ali the new doctrines of nationaiity and make war as Julius Cesar made 3 For if a fair vote were taken now I question if the Rhine countries would pot prefer ‘ance to “Do you think Germany will return any part of Alsace or Lorraine?” “Never! Prussia retarns nothing. She madea on treaty to return Schleswig to Denmank and paid no attention to it. esta will hold Alsace and Lorraine until they are wreeted from her by war.’ WAR IN THE ATR, “Have you any fear of war?” “War? Why, the air smells of gunpowder. : ‘was hever in as critical @ state as now. . Phe Continent resounds with the tramp of armed men. What are Prussia, Austria and France? Three The little countries like Holland and and Sweden are even arming. Look over ‘2 land and you see what has not been known fines, Waterloo. Everwhere we smell war, And poet, Bon: st people are flying to the United States, will lose more men by emigration than he lost Sedan every Fier Men don’t like to raise boys for Gravelotte. Bnt war is written in the Reavens, Only the next will find the mations as Well armed as Prussia.” Bebb be some years before France can make “Don't count upon France. That is a country of one was surprised when she wi Europe in the beginning of the century, eos: they were surprised at her defeat by But they have made, and are mi ex- exertions. They have now the second army , and although Prussia may them again, it willbe after another kind of cam) than the last.?” “You evidently have not much faith in the Kateer’s new empire?” THE FUTURE VERY DARK. “% have every faith inGermany, It is a dear, st, land, Byt my Germany is not nor does Prossia represent my aspira- means peace; Pri war. That Prussian power takes our lads fresh from school, ‘ When the heart is young and tne blood is mount- fimg, and teaches them hatred and how to do mur- der; it holds them.in its hands until they are . thirty-six years of age, ready to be thrown into or France or Russia, at the whim of old Kaiser, who may have a quarrel at Ems, ‘as he had two years ago with Benedetti, You You are at one man’s mercy, and you mo means of controlling him. Ihave thought it over until my head buzzes, and if I was not Gfraid of the sea I would make my home in ca. A GLIMPSE OF KAISER’ WILLIAM. Thave written this letter pares by piece, cover- fing, as it does, a great deal of ground; adding to it each Dew phase oi the European ear of politics as ft developed itself, So what in the beginning was written in Geneva and continued at Mayence lam ’ tpt leper? at Frankfort-on-the-Main, whither came to study that phase of enmity to Prussian rule ih has life in Germany and which I was anxious to convey to the readers of the HERALD. and foggy morning when I arrived, little railway hotel in a flutter. “What was the matter?” ‘The matter!’ said the Qpen-eyed rter. ‘Why, the Kaiser will be here at ten o’c! 7 Sure enough the Kaiser of all Deutschiand was on his way to Frankiort, meanin; to breakfast. And, after all this writing abou here was a real king at last. what a flurry our hotel inj carpets were tacked down, and ' le ips of greenery to hide the dirt on the stairs. And in time acouple of Prus- sians (as sentries) came to the door and mounted P while two@ other sentries were ited on e stairs. Then came @ servant who quickly scat- ‘tered a layer of sand over the path to the railway station. en came a sprinkling of Prussian offi- ek, of all grades, yes and military, in a high state o was and ‘ an jace and gorgeous uniforms. A gentile rain kept the people at home, and there was a small gathering, say in all a hundred persons, Ten o'clock came; there ‘was a ri ig of the railway bell, the blow. of a way. Whistleand a rush to the station Ist on the low balcony and.in a moment a group ‘was seen approaching, “fringed with an outlying troop of eager, soumperin boys, a8 though the booted were carrying off an important arrest. the front of the group was @ man, lookin, taller becat long gray cloak, with a fur col- lar, which enrolled his forni. This was the Kaiser Of ail Deutschland, the high and mighty William of Sar. Well, His Majesty quietly walked, almost limped up the stairs, and returning your correspondent’s bow entered the hotel. red looked very old, I must say, and ma and But Sacred Majest; old, very old, remember, and he has been riding all might in a railway car, His face is a good lace— merous, honest and ene The snow-white rd is darkened (presumably by ointment), and the eye is keen and searching—a@ very honest and true man from his looks, be he king or commoner, WHAT A GREAT KING PAYS FOR BREAKFAST AT TENDANCE. The Kaiser was on his way to Baden to sce the ress and drink the waters. He remained with us two hours and breakfasted. There were fifty in his suite, none of them with names known outside of the palace. At noon he walked back into the station, scrambled into his car, not without an ef- fort, and stood at the deor bowing and smiling in a genuine, frank, neighborly fashion, the train ‘was pulled away. I could not interview him, which was a disappointment; but I did interview our porter on the subject upon my return. “Porter,” I said, “did the Kaiser give the boys any drink money?” “Oh, yes,” said the pleased and truly loyal serving- man, “His Majesty had fifty persons with him. and gil had breakfasted. He et the bill and gave the boys thirty thalers for drink money”—in round American money say twenty-five doilars—and you know what a German kalser pays for being waited ‘apon at breaklast, 1 nearly forgot to say that no one cheercd the )Breat King. -RELIRF FOR WIDOWS. A meeting of the benevolent association com- prised of ladies and entitled the “Society for the Relief or Poor Widows with Small Children’ was held yesterday in the chapel of the University place church, onthe corner of Tenth street. The Directress having formally opened the convention, the Secretary presented her annual report. It appeared that the society is in @ very flourishi cundition, and its antiquity is & positive symbol o! success, it having been in existence seventy-five years. ‘The disbursements for the past twelve monthe were :—!"ue!, $966 52; provisions, $2,083 97 ; clothing, $2,716 72; sboes, 38; tance during £ickiiess, $116 72; donations, $118 34, NEW FEGRY 10 STATEN ISLAND. ‘dhe Staten Island Ferry Company has for a nam- her of years enjoyed a monopoly of the business growing outof the transpartation of passengers to and from Now York. Presuming on this monopoly iM & few Goys ago, raised the passenger fare grom ten to fifeen cents, This naturally incensed the inhabitants of the island who are in the habit of doing business in New York, and the discon- tent took tangible form yesterday in the shape of a new line, called “The People’s North Shore Ferry Company Of Staten Island,’? which com- menced to ron in Morning trom the foot of Barclay strect. the company only one boat yet, the Thomas P. Way, but in a short dime if all well, they expect to have additional ones, ¢ boat was crowded yesterday at every trip, and the passengers were carried at the old rates, Sho will, until farther notice, make two trips a day leaving on oy is hea M., quarter r pin arter wo P. M.. twenty: settee aller 10Ur and als past giz wre THe 3 rT . & pm oom to NEW YORK: HERALD, FRIDAY, NOVEMBER 22, 1872.—TRIPLE SHEET. - nad THE COURTS. The, Radcliffe Diamond Smug- gling Case. Revival of an Old Suit as to Informers’ Spoils—Who Is the Right In- fermer?+Tho. Temptation of Moieties—Their Suppres- sion Demanded. rte cee ec THE PUTNASM-FOSTER HOMICIDE jew Chapter in the Car Hook Tragedy---Suit for Damages for Killing Wer Husband by Mr. Putuam’s Widow Against the Seventh Avenne Railroad Company, +—— ROSE M’CABE ACAIN. The Judicial Investigation as to Her Sanity in its Last Stagos—Summing Up of Coun- sel—Strangely Diverso Interpreta- tions of Evidence and the Law. MONEY ON A JUDGMENT AGAINST THE CITY Interesting Legal Squabble Over Division of the Funds---Claims and Counter Claims Very Materially Mixed. THE EMIL ANDRIE WIFE HOMICIDE. Close of the Case for the Prosecution— Medical Testimony for the Defence— The Defendant Claimed To Be an Irresponsible Person. “ ——————$—— BUSINESS IN THE OTHER COURTS. Summary—Writ of Habeas Cotpus—An Bnlisted Soldier Under Age Discharged--Decisions. In the United States District Court yesterday John W. Cosgrove was brought before Judge Blatch- ford on awrit of habeas corpus to obtain his dis- charge from the army on the ground that he was but seventeen years of age when he enlisted. ‘The Judge ordered him to be discharged. In the United States Circuit Court yesterday the Grand Jury brought in indictments against the fol- lowing persons :—Alfred H. Phillips, for embezzling letters from the Post Office; Abraham Selig, for making false returns in the manufacture of cigars; George Parsons, for shipping fireworks illegally; Joseph B. Purdy, for the same offence. The Grand Jury were discharged for the term. Yesterday Edward Dycer, who is charged before Commissioner Shields with having passed a $100 counterfeit billin a house up town, and who bas been out on bail of $1,000, was surrendered by his sureties, the latter dreading that Dycer would run away. Yesterday Commissioner Betts had before him the case of Nathaniel G. Hayes, who has been in- dicted in Connecticnt tor stealing a quantity of postage stamps from the Post Office of Wallingford. The defenaant was arrested in this city on a requi- sition from the authorities of Connecticut for his re- moval to that State, there to answer the accusa- tion that has been brought against him. On the argument defendant's counsel raised the point that postage stamps were not property; but this point ‘was ruled against by Judge Blatchford. The Com- missioner has held the defendant for removal to Connecticut, In the United States Circuit Court yesterday Judge Woodrof: heard. an argument, on a writ of error, to determine whether H. 0, Whitley, Ohief of the Secret service Department, or a man named Esmond is entitled, as informer, to a share of one- fourth of $4,000, the latter sum being the value of a quantity of diamonds smuggled into this port more than a year ago from England by one A. ©. Rad- cliffe. The Judge, having heard the arguments, took the papers and reserved his decision. ‘The-car hook tragedy has again been revived in the public memory. It now presents itseif in a new shape and one in no way affecting the interest or fate of Foster, whe stilliingers in his prison cell awaiting a new trial. The widow of Avery D. Put- nam, whom Foster is charged with killing, has brought a suit before Judge Curtis, of the Superior Court, against the Seventh Avenue Railroad Com- pany for $5,000 damages for the Killing of her trus- band. This suit came to trial yesterday, and after the testimony had been submitted on Mrs, Put- nam’s bebalf a motion was made by the counsel of the railroad to dismiss the complaint. This motion was argued at length and the Judge will render his decision this morning. At length the long drawn out Rose McCabe case has about reached its finality. Judge Sedgwick, of the Superior Court, having at the various pro- tracted sessions heretofore partially listened to the protracted evidence offered on both sides touching the question of her sanity, sat several hours yesterday, with the same characteristic patience, listening to the long drawn out argu- ments of the opposing counsel. Ali that remains now is for the Judge to give his decision in the matter, which probably will be within a few days. There is quite an interesting litigation in pro- gress before Judge Sedgwick, of the Superior Court, touching the disposal of money obtained upon a Judgment against the city. It originated in a street paving contract, and from the present legal aspect of the case, as will be seen by the report elsewhere, promises to culminate, like very many law guita, in there not being much left in the end, THE RADCLIFFE DIAMONDS, a ood An Old Alleged Smaggling Case Claim for Moteties—Who the Informert— Decision Reserved, On the 1st of February, 1671, Collector Murphy caused tobe seized in this city, on tne person of one A. C. Radcliffe, a quantity of smuggied dia- monds, worth about four thousand five hundred dollars. This matter, as the public will remember, was iully detailed inthe HERALD atthe time, H.C. @hitley, chief of the Secret Service Department, claimed to be informer in the case, and therefore entitled to a moiety of one-fourth of the value of the property seized and subsequently condemned; but this claim was disputed by a man named Friend §. Esmond, who alleged that he was the person who mate the first information that led to the seigure of the diamonds, Upon this point ® considerable amount of testimony was taken before Commissioner Osborn, who held that Esmond was the informer. The case then came, on exceptions to the Commissioner's report, before Judge Blatchiord,, who aecided that he did not attach credit to the statements of either Whitley or Remond, and that neither of them was the informer. «Counsel for Egmond then sued ont a writ of error to‘seview beiore Judge Woodruff the in the Court bel reste proceedin; Q the cause was argued before Judge Woodruff, in his Chambers, in the United States Circuit Court, W. T.N. Melvin appearing Jor Esmond, and Mr, Wil- liam Staniey for Whitley, After hearing the argu- ments the this €axe, as he did not see now, 1m the: Nading of the Court be'ew, any question of law had argen. ha He took tie papers and reserved hie decision. THE CAR HOOK TRAGEDY. Ue A New Phase of the Putnam-Foster | as Homicide—Mrs, Putnam ss 6Cthe Seventh Avenue Railroad Company for Damages on Account of the Kill- ing of Her Husband—The Testimony Taken and Motion to Dismiss the Com- |}, piaint. Until yesterday the name of Wm, Foster, the alleged car hook murderer, has not been uttered for many months in our Courts. More sjartling, though not more atrocious, deeds of crime have caused alike his name and the terrible crime with which he is charged to be almost fergotten. Again the crime is revived in the public memory by & trial begun yesterday by Mra, Ella L. Putnam, the wife of Avery D. Putnam, the victim of the murder, against the Seventh Avenue Railroad Company, to recover damages on account of her husband’s death. ‘The snit is for $5,000 damages, this amount bemg the utmost the law allows in suits of this character jor killing, although for maiming—one of those unaccountable freaks of the law—there is no limitation in the amount to be sued for. The suit was brought before Judge Curtis, of the Superior Court. THE OLD, OLD STORY. Sueh it really is. First, itis recited in the com- plaint of Mrs, Putnam—a briety opitomized recital of the same story as published directly after the murder, which occurred on the evening of April 26, 187/—and then as again told at the Coroner’s inquisi- | tion. The entire blame of the killing of her husband | i8, Of. course, charged upon the railroad company, and upon this damages are claimed, It | 1s further set forth in the complaint that her hus- band died infestate and leit a boy vbirteen years ola ‘wholly devendent on ler for support. The answer of the company sets up u generai denial of the allegations contained in the complaint, or, to quote the technical legal phraseology in which this denial is set forth, denies that the death of Putnam wos caused “through any wilful act, neglect or de- fault of the defendants, er by any wilful act, neglect or default of any agent, servant or employe of the defendants.” THE TESTIMONY IN MRS. PUINAM’S BEHALF, ‘The testimony taken was buta repetition of the former stories and She gm sa but a short time, Mrs. | Putnam was the first witness. Her testimony, as | she was not present at the murderous assault, was | merely reciting the particulars of her husband's | death, The testimony of Miss Mabel Duval, one | of the ladies with Mr, Putnam at the time of the rept , Was the same as that given at the murder trial. thie concluding witness was Mrs. Annie 8, Duval, the mother of the previous wituess, who also was with Mr. Putnam on the night of the fatal Occurrence. She told the same story as.at her pre- vious examination. As this testimony has been fully published heretofore in the HrRaLp, it is un- necessary to give it again, MOTION TO DISMISS THE COMPLAINT, After the conclusion of Mrs. Duvai’s testimony, motion was made to dismiss the complaint. This motion was med at great length by exJudge Porter and Mr. John M. Scribner, counsel for the railroad company ‘They insisted that the company could be held in no way responsille for the killing of Mr. Putpam. ‘The murderous blows, it was urged, were struck after all | the parties had left the cers. A large number of authorities was cited in substantiation of this argument, Mr. Parsons in reply took, of course, exactly the opposite view of the case. He claimed that it was the duty of the conductor, in the first lace, to put Foster of the car on account of his Intoxicated condition; and secondly, tha! it was the duty of the driver to inform the conductor of Foster's insults to the ladies in Mr, Putnam’s care. He dweit at great length upon the responsibility of the railroad company to insure safety to passen- gers, and its liabiiity for damages when any one was killed or injured {rom want ofsuch care, He also quoted numerons authorities. It was nearly five o’clock when the argument closed. The Judge did not announce his decision, but will probably do so this morning. THE ROSE N°CABE CASE. i ee4 Summing Up of Counsel in the Judicial Investigation as to Her Sanity—Divers Legal Conclusions from Diverse Stand- points—The Judge’s Decision to be Given in a Few Days. ‘The judicial investigation as to the sanity of Rose McCabe, otherwise known as the nun Sister Mary of Stanislaus, has, after several weeks’ examination at stated intervals before Judge Sedgwick, of the Superior Court, about reached its close. Several hours were consumed yesterday by the opposing counsel in summing up, SHOWING MISS M’CABE TO BE INSANE. Mr. A. J. Vanderpoel, counsel for the Commis- sioners of Charities and Correction, opened the argument. He insisted that the Commissioners had no imterest whatever in the detention of Rose McCabe in the Lunatic Asylum at Blackwell's Island. One thing was certain, that she could only be discharged bd; compliance with the statutes regulating suci discharges. She had been transferred from the Bloomingdale Asylum to the Blackwell's Island Asyinm because they did not care at the former institution to be annoyed by writs of habeas cor- poe He doubted the legality of the mode adopted o effect her release. The statute pointed out the remedy, and it was his duty to urge the use of such remedy. He reviewed the testimony at length and claimed that the preponderance of evidence went to shew conclusively that Miss McCabe was Insane. \Her story asto Father McAleer was, he at a pan delusion. There was not a word of trath, he jueved, in what she had said against Father McAleer. Her visits to him since and the friendly relations existing between them gave a flat contra- diction to the story. If her story was true she would have avoided his house asa plague spot. He claimed that all her stories about persecu- tions by priests were also delusions. In conclu- sion he referred to her own testimony and man- ner on the witness stand as giving all the proof required as to her insanity, and characterized as simply ridiculous her story about living three ‘weeks on starch and one weck on a cup of tea and crumbs of bread. SHOWING HER TO BE SANE. Mr. John D. Townsend, the counsel of Miss McCabe, opened his argument in reply. by reciting all the circumstances connected with suing out the writ of habeas corpus in her case. He insisted that the laws of 1842 applied to the Bloomingdale Lunatic Asyimm, and that under those laws she was not fairly within the jurisdiction of the asylum. He recited the statute providing that no person could be held in @ lunatic asylum uniess ‘furiously mad or so far de- ranged in mind as to be dangerous to her own person or the persons or property of others.” He claimed that she was neither of these, and therefore entitled to her discharge. He also re- viewed the testimony, and insisted that most of it went decidedly to show that she was not insane, He believed implicitly her story, because he did not believe that priests were immaculate, but onl, men. He would not urge to have her dischar, and thrown upon the world, There were public institutions where she could be sent and properly cared for. All he asked was to have her discharged from the Lunatic Asylum, and, if necessary, send her to the Poorhouse. At the conclusion of the argument Jnage Sedg- wick took the papers and announced that he would give a decision in a few days. MONEY FOR A STREET PAVING JOB. longade: bien, and he declines to pay the other claimants on the ground that their ¢laims are dis- _ and he brings this action against them tor P of col ing them to establish their claims by the Court. ‘Tne defendants insist, how- ever, that the real ebject of this action ou the part of the plaintilf is to = HOLD ON TO THE MONRY done. 08 Possible and compel the claimants to nd their shares in jitigation in trying to make bin — ‘The'defendants pressed their motion to have the judgme! Rie. amount of money received on nt ited to the credit of this action and compel Mr. Haight to come in and establish his claim, the same as any other creditor, and that can! being trustee have greater rights or privileges than any other claimant. After hearing the ument Judge Sedgwick took the papers, penurving kis Selsiom! THE ANDRIE WIFE HOMICIDE. Close of the C: for the Prosecutioh— Medical Testimony for the Defence--'The Defendant Claimed To Be an Irrespon- sible Person—Case To Be Resumed This Morning. The trial of Emil Andrie, charged with shooting his wile in Fifteenth street on the 13th of June last, was resumed yesterday in the Court o/ Gen- eral Sessions, Judge Bedford presiding. Assistant District Attorney Fellows called the bext witness, LUCIEN TARTIERE, who testified that he knew the prisoner and his wife; her name was Leoni Pierre; they were living together in Mott street as man and wife when he first knew them, Cross-examined by Mr. Brooks—I did not, on the | 13th of June or at apy subsequent period, see the dead body of a woman at the sta- tion house; 1 saw Mrs, Andrie for the last time on the morning of the 18th June, the day when she was killed; I remained at her home during the previous night and breakfasted alone with her on the following morning. ‘The Disiriet Attorney rested his case. THE CASE POR THE DEPENCE. Mr. Brooks then moved His Honor to withdraw the case from the jury, on the ground thai there ‘was no proof that the body upon which the physician made the post-mortem examination was Sahods ofthe woman mentioned in the indict- After elaborate argument of the counsel on both sides Judge Bedford said that the question of identification was a matter of fact for the jury to pass upon. rooks excepted to the ruling, after which Mr. J. R. Dos Passos, the associate counsel, pro- ceeded with the opening address for the prisoner. He stated that the defence, would. show the unhappy marital relations existing between Andrie and his wife, and that it was in amoment of frenzy he took the life of his wite. It would be further shown that the father of the accused was subject to delirium tremens, which was inherited by the prisoner aud intensified by intemperate habits gpntracted by him in consequence of his wife's in- elity. ‘The Court took a recess till half-past two o'clock, Upon the reassembling of the Court the junior counsel for the prisoner read affidavits taken in France. TESTIMONY FOR THE DRFENCE. Dr. bt de wu physician at Saarburg (Al- sace Lothringen), certificd that at several rent times in 1868 and 1869 he was called upon profes- sionally to attend Andrie for attacks of a lirium tremens, brought on by Jatampers ie habits; that his (the prisoner's) sister was deformed from epilepsy; that his father di last year from a dis- ease of the liver, the result of excessive drinking, and also had many attacks of delirlum tremens, which left him in a state of habitual mental over excitation until his death. The doctor gave it as his opinion that the prisoner could not be held responsible for his acts. ne next deposition was that of Francisca Guyot, seventy-nine years old, the mother of the prisoner, residing in Saarburg, Her son was born in Cre- uilles, france, on the 2d of December, 1833; on the 2d of December, 1863, he married % Leonce Pierre; he worked as an engineer on the construction of the Saar Canal; in 1866 he went to Saarburg with her and entered into the wine business; they did not live happily together, the wife behaving very wrongly, having intercourse with other men; the accused was overwhelmed with the deepest grief in consequence her conduct; he came to the point of turning iusane altogether, having lost his mind, and his good senses greatly impaired; in 1869 her son, through wine business matters, was sentenced to six days’ imprisonment and a heavy fine, which brought him to the resolution to go to America, which he did on his wife's account. A letter was also read from Kemusat, addressed to the General Consul of France in New York, in which it was stated that the Muyor of Crezilles said Andrie lived there till he was twenty years old; thatjhe had a violent temper, was very weak- minded and his manner showed him to be in a per- manent state of insanity. Counsel read the deposition of Marguerite Doua- neau, which stated that she knew Andric and his wife; he came to this country in May, 1870, and lived in Eesex and Mott streets; Andrie went to Connecticut to work at making bricks, and used to write letters to.his wife and give her money; Mrs, Andrie went from Mott street and stayed in the witness’ house for a month, she destrin; to keep her from “badness ;” when Mrs, Andrie live in Mott street Mr. Lagneau, a Frenchman from Paris, who came on the same vessel with Andrie and his wife, visited her regularly; they acted like husband and wife; they afterwards were at the witness’ house and slept together; the witness told her tlrat it was a shame to act like that, and the neighbors talked about it; Mra, Andrie said, “Oh, never mind my husband; he don’t believe any- thing like that; Andrie used to stay home a week or two; Andrie and his wife went to Union Hill, N. J., to live, and Lagneau lived with them; Andrie thought a good deal of Lagneau; last Christmas et got into a dispute about cards, when Andrie said to Lagnean, who was boarding with them at that time, that he would not permit him a) to sleep in the house that night; Mrs. Andrie and Lagneau took a walk in e street until four o'clock in the morning; Lagneau and Mrs, Andrie made 4 bargaim to run away to- gether, he saying that he would ite to France and get 4,000 francs, and they would run off together; the letter was to come to the witness’ care; in January Mr. Andrie took sick ‘with smallpox and remained in the hospital three months; she saw Mr. Tartiere twice at Mrs. An- drie’s, and he acted like a husband; Mrs. An- drie’s little girl told the witness that she lived in Twenty-first street, but subsequently Mrs. An- drie teld her that she lived in Eighteentn street; gs soon as Andrie came out of the hospital he went to work in Jersey, and when he returned to New York he could not find his wite’s whereabouts ; the prisoner acted at that time like a crazy man, and wanted to see his children; he sai told the witness that he was done with his wile; that they had stgned a paper and he was going to France; the prisoner's wife told the witness that she would never let him sleep with her; she passed Lagneau as her brother to everybody. The next witness called was Francis Douaneau, who was examined through the Court interpreter, His testimony was to the effect that he knew the prisoner and his wife; that he saw Lagneau at their house; that his ae sek conduct in rela- tion to her was such that he had to put them out of his house, and that Mrs. Andrie was a woman who was looking out for all the men she could catch. The witness stated also that the prisoner was kind to his wife and children and worked for their support; that Andrie was sick with the small- pox and looked very bad when he came out. The witness was going on to state that he heard from Lagneau something about his going of with Mrs. Yee to which the District Attorney ob- jected. Mr. Brooks maintained that the evidence was pond a to show the state of mind of the ac- cuse: Contest Over the Pro- Among Creditors — Claims and Coanter Claims—The Matter a Good Deal Mixed. Some time ago Mr. Jardine obtained the contract for paving a portion of Third avenue. While en- gaged in the execution of his contract the Croton Aqueduct Department interfered, as alleged, in his operations, and the result was a suit against the city for damages. In June last, upon application to Judge Ingraham, of the Supreme Court, the mat- ter was referred to a referee. In this suit Mr. Edward Haight acted, as alleged, as the trustee of the creditors of Mr. Jardine, The referee re- ported in favor of Mr. Haight. This report was A Sharp Liti, ceeds — Quarrel confirmea by Judge Ingraham. The matter was carried, however, on appeal to the General Term of the Supreme Oourt. It is unnecessary to follow the litigation throngh all its devious windings. The final result was a JUDGMENT AGAINST THE CITY for $30,53071, At abont this time Mr. Edward F. Brown, on behalf of the interested creditors, ob- tained a caveat enjoining the Comptroiler from pay- ing the money to Mr. ht. In this piece of legal strategy it ‘appears that he was too late, or “801 ing was matter, as Mr. Haight got the funds in his possession. It is claimed that th spo suuiated shat if te monoy was paid to tem —atipulat ie money was ‘0 the! for Haight that the same should be distributed among the creditors. Meantime Mr. Haight, who claims to be a creditor, applied to Judge Sedgwick, of the Superior Court, for an injunction to restrain the creditors from suing him, which application was refused. The case came w yesterday before the same Judge at |. this time on a motion on behalf of George Quackenbush and others, defendants, to compel . Haight, the to deposit, under direction of the Court, res ae do sleta poset ty aged cel the payment judgment re- ferred to above. It was ciated by the defendants that the plaintiff in this action was.simply a Lark Th TER BU against the city, and that the moneys which he received from the eity on that jadgmen® really be- longed to certain creditors for whom hévwas act ing as trustee. It was claimed on behaif of the judge Bald thereWas a difliculty aboot | Diaintid that abous $14.000 of the judgment he- Pending the argument the Court adjourned till Friday. having sat till a late hour, BUSINESS IN THE OTHER COURTS. UNITED STATES CIRCUIT COURT, Writ of Habeas Corpus—A Soldier Under Age Discharged. Before Judge Blatchford. James William Cosgrove, an enlisted minor, was yesterday brought before Judge Blatchford upon a ‘writ of habeas corpus procured by Messrs. Pittman & Sullivan upon the petition of Thomas Cosgrove, father of the boy. Young Cosgrove enlisted at Boston and was transferred to Gover- nor’s Island preparatory to being sent with a regiment on the eve of departure for the Indian geet His parents learned of his whereabouts while they were mourning him, 8 eared in a mysterious manner, and they had searched‘and aavertised in ain for him, It was proved youn Bea. ADHI-ZF tobe aod, that rn in Cambridge, Mass., A) he had enlisted without the knowledge of consent of his parents; that he was of delicate physique and not capable of enduring the hardanipd fight- ing Indians. these acta a ford ordered the young man’s harge. Pittman & Ballivan for petitioner, Mr. Purdy for the govern. ment. ‘SUPREME COURT—CHAMBERS. Decisions. By Judge Brady. In the matter of the dissolution of the Sierra Blanca Silver Company.—Case settled. Stephen Camberling vs. William Nelson et al.— James Kerr vs, Robert W. Woodworth.—Motion ranted, By Judge Barrett. netion denied and temporary injuni tton dissolved, with $10 costs. (See Spinioh) a By Judge Fancher, George Hertzielder ve, Wilhe)mina Frink et al.— Motion granted and ive |. Order be settled on two daye’s ree nae ip —~ COMMON PLEAS—SPECIAL TEAM. Decisions. Weeks vs, oe cine . ‘An. —Deeisio: i judgment for defendant. MpNen Arorinied, apd by Judge J. F. Daly. Wakeman vs. Hayes.—Motion granted, T hold it tobe unnecessary for the moving party to show more than the Fule requires, I! the cauge is not = the calendar the defendant should have shown MARINE COURT—CHANBERS, By Judge Herts vs. Van Warden shal’s fees from $126 to $: Before Judges Hogan, Cox and Shandiey, The fst case bronght before the notice of the triumvirate yesterday was that of John Sinnott against Peter Harrison. Mr. Sinnott ts an agent for the New Jersey Central Railroad and has charge of the freight arriving at pier 14 North River. Last Monday afternoon a tub of butter was stolen from the pler. and afterwards found in the possession of @ boy named Harrison, by OMcer Regan, of the First precinct. The oficer arrested the boy on sns- picion. The property was brought to the First pre- cinct station house, where it was identified by Mr. Sinnott, Peter Harrison swore yesterday that he received the butter from William Varley, on the corner of Broadway and Houston street, who hired him to take it to Mrs, Weigh, No, 7 Chatham square. Hlar- rison did not prove his story to the satisfaction of the magistrates and he received four months in the Penitentiary. Louisa Wust, of 437 East Fifteenth street, accused Thomas Sullivan of assault and battery, Mrs. Wust said she kept a lager beer saloon at the above number, and a farmer asked her to look out for his horse and wagon, which he left in front of the door, Sullivan and two others came up, and one of them jumped into the wagon. Mrs. West interfered and Sullt- Yan struck her over the head with a whip, Judge eee committed Sullivan tothe City Prison for nm days, ‘Theodore Martin, Mrs. Margaret Martin and Jane Elizabeth Thompson, all cofored, living at No, 59 Thompson street, accused Kliza Sylvester of stea!- ing $7 50 from the pocket of Theodore Martin on Sunday afternoon, Mra, Martin and Miss Thomp- son swore that they saw Elizarob Theodore while he was lying asleep on the sofa. Miss Sylvester ‘Was sent to the Penitentiary for tive months. A young German named Henry Storch, with a green shade over his eye, was then called. He said that he, with three companions, went into a house at 121 Greene street. on Sunday morning, at half-past two, and that he was assaulted by one Michael Sands, who was there at the time. A number of witnesses were examined, and from the evidence adduced it was shown that the complain- ant and his friends were drunk and had com- Menced proceedings by smashing the windows with stones. The charge was dismissed. SEFFERSON MARKET POLICE COURT. Operations of the Police—Descent on a Gambling House-Arrest of Suspicious Characters. The gambling house 1,179 Broadway was “‘pulled”’ by the police, under charge of Sergeant Williams, on Wednesday evening. Mr. James J. Lawlor, re- siding on Sixth avenue, hed lost a considerable sum of money in the place a short time previous and on Wednesday afternoon swore out a warrant. In addition to the keeper the,following persons were arrested at tho time of the descent :—Charies Foster, Thomas Johnson, John Watson, Edward Oppenheim, Edward Wilson, H. Williams and Robert Anderson. The last two were discharged and the others locked up. A crowd of men, composed of “ropers’? and “ateerers” for the vile dens in the Fifteenth ward, appeared before Justice Cox yesterday morning, Captain Byrnes, of the Fifteenth precinct, having made @ descent upon them the evening previous, They were required to find bat] in the sum of $600 each for good behavior. Their names are Edward Carr, Lewis Tiplin, Frank Daggett, Henry Lippin- spe Philip Bracur, Joseph Somers an rank a COURT CALENDARS—THIS DAY, SurREMeé COURT—GENERAL TERM—Held by Judges Ingraham, Leonard and Brady.—Nos, 154, 155, 160, 162, 163, 164, 166, 168, 169, 171, 173, 25, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, SUPREME CoURT—CrrcuiT—Part 2—Held by Jud, en ee tN non bas bg Petar tc ee fel 4 , 2390, a 3456, 3588, 628, S648, 3 O18, 314, 3170; SPO, 858, SUPREM® CouRT—CHAMBbERS—Held by Judge Fan- cher.—Nos. 47, 51, 52, 53, 54, 67, 58, 64, 75, ie 90, 91, 03, 97, 109, 121, 122, 126, 126, 130, 140, 143, Cali Superior Count—TriaL TexM—Part 1—Held Judge Curtis.—Nos. 1821, 789, 1879, 1617, 493, 1875, 1877, 1895, 531, 647, 1627, 1917, 1551,’ 903, 1799, 1839, 1827, 1629, 1349, 1657. Court or COMMON PLEAS—TRIAI, TERM—Part 1— Held by Judge Loew—One Hour Causes.—Nos. Of ‘Term Causes of October 1609, 1955, 2471, 1775, 2314, 2489, 2415, 2154, 2364, 2119, 1938, 2582, 2603) 2436, 2621, 2654, 2627, 2760, 2770, 2712, 2718, 2776, 2785, "2646," 2182, 2680, 2789. November Orders Nos. 2638, 2073, 2808, 2827, 2804, 2660, 2819, 2825, 2669, 2447. Non-classified Nos. 1782, 1418, 2372, 2276. Part 2—Held by Ji Larre- more.—Short Causes Nos, 1511, 2099, 2470, }, 2127, 2305, 2215, 2479, 2544, 2485, 2523, 2232, 2515, 2624, 2895, 2717, 2650, 2679, 1981, 2040, 2466, 2811, 2633, 2630, 2836, 2847, 2765, 2871, 2715. Equity Term— Held by Judge Daly,—Adjourned for the term. BROOKLYN COURTS. UNITED STATES COMMISSIONERS’ COURT. The special Tax. Before Commissioner Winslow. Patrick Monahan, of 746 Clason avenue; John Helmbe, of 112 Hudson avenue, and E, M. Jarvis, of the Union Course, were before the Commissioner yesterday on the charge of carrying on the business ‘of retail liquor dealers without paying the special tax. They were held to answer. SUPREME COURT—CIRCUIT, Damages Against the Southside Rall- rovd Company. Before Judge Barnard, In the suit of Mary Probst against the Southside Railroad Company, reported yesterday, which was an action to recover $10,000 for personal injuries, the jury rendered a verdict in favor of plaintiif for sen The plaintiff had one of her feet crushed between two cars, the train having been snddenly backed without Gt Previous signal being given. According to her allegation the cars had no steps on them, and those who desired to get aboard had either to climb over the wheels or be lifted up by other persons, Another Ratlroad Sued. William Fulton sues to recover $5,000 damages from the Crosstown Railroad Company for a broken arm, which, he says, he received by the collision of two of the company’s cars near the Court House, where the tracks are laid near together, ‘The defence is a general denial. je on. CITY COURT—TRIAL TERN, Edward Granger's Death from Smallpox. Before Judge Thompson, When Wiiliam Granger's son Edward was pros- trated by smallpox at Henry 0. Foster's house, 83 Cranberry street, the father paid Foster $600 to allow the patient to remain in the house, Mr. Granger alleged that Foster threatened to have the boy removed to the hospital unless the money was |. He pemapanestly ascertained that the Health fMicer quarantined the boy and allowed him to remain in the house without reference to Foster. He therefore brought suit to recover the $600. The case was reported yesterday, Foster said that he moved young Granger to the top floor and built another stairway, so that the other people in the house would be freed from con- , and that the money was paid for making the arrangements attending the case. He fur- ther claims to have sustained a damage of by rmitting the case to remain in the house, The bo oe ied there. The jury yesterday gave the plain- CHU OF Sesto. Clearing Out the Jail—Changes in the Court House. Before Judge Moore. All the cases ready for trial at the opening of the present term have been disposed of by Judge Moore, and all that remain now are those in which indictments have been found by the Grand Jury for this month, who have not yet been dis- charged. ‘These cases will be takem up at the next term, which opens on the 2d prox. Owing to the promptnesa of the Court and (pe District Attorney, Mr, Britton, the County Jail has been cleared of the old cases, but it is rapidly fil- ing up again, and when the next term opens there wi we Obese’ large calendar of cases to be dis- posed of. The room in which Judge Moore holds Court is the coziest and one of the best in the Court House, It is located on the first hoor of the building, and was formerly occupied by the Health authorities, It hag been jurnished with a view to comfort and neatness, and {a far more convenient and better suited to the purpose than the apartment lately re fact is, the ocenpied on the floor. The County Judge has heretofore been moved about the top so many times that he hardly say that he had a court room that he could call his own, The Court of Sessions wag first held in the room on the first foor, now occu- pied by the Board of Supervisors: but after that had_.been in use some time the room directly over it was appropriated, which the Supervisors had to vacate, having had the Sessions chamber allotted hem in exchange, Then came the extension of building the powers of the City Court and the ntment of two additional judges, The question arose, Where were these judges to hold court? ere was not aroom in the building for them, $0 they had to take the Court of Sessions room when that Court was not held, which was not frequent. It was evident that this state o! atuirs could not con- tinue, so the Health Omicer and Coroners had to move out of their rooms down stairs, which which were converted into a court room and chambers for Judge Moore, One branch of the City Court, therefore, is now held in the old Session Room up stairs. The Coroners have been glven the County Treasurer's room, and that oficial Das removed to the apartment formerly used by the Commissioners of € rities, who have their oMice in Willoughby street, near’ Jay. The Health authorities occupy Newman’s building, in Washing- ton stree Judy: loore tas gained by the change. ‘The prison cage, which is located in a corner of the Toom, is to be removed, and an apartment is to be constructed for them under the platiorm of the stairway leading from the corridor on the first floor of the Conrt House to the second floor. ‘There is quite @ space there, which will be accessible from Judge Moore’s cour troom by means of a door- way to be cut through the side wall, ‘There will be @ high board partition between the corridor and the prison pen, so that parties cannot look in, and the Stairway Will remain as itis now. The appropria- tion of this space under the stairway will furnish more room in the trial chamber. BROOKLYN COURT CALENOARS. Supreme Court—Cincurt.—Nos, 30, 75, 125, 172, 178, 190 to 204 inclusive. Crry Courr,—Nos, 246, 401 to 427 inclusive, 130, 431, 482, 434, COURT OF APPEALS CALENDAR. ALBANY, Nov. 21, 1872, urt ol Appeals day calen- ‘The following is th Nos. 420, 414, 410, 352, 264 dar for Noveinber 2: 307, 419, S40. THE WOMAN'S HOSPITAL. The Seventeenth Anniversary—Reporte of the Differcnt Committecs—Addrose by Dr. Hall. ‘The seventeenth anniversay of the New York State Woman's Hospital was held yesterday after- noon in one of the wards of the institution, on the corner of Fourth avenue and Forty-ninth street, ‘This institution has been in existence since 1862, during which time 740 cases have been treated in the hospital, of which 637 have been cured, seventy-threo relieved and thirty died. The officers are :—President, James W. Beekman; Vice President, A. R. Wetmore; Secretary, W. W. Hoppin, Jr., and Treasurer, James Marsh, Th with the following officers:—President, Mi Thomas ©. Doremus; Vice President, Mra. David Lane; Treasurer, Mrs. W. M, Bliss, and Sceretary, Mrs. Jonathan Edwards, The Board of Lady Managers are Mrs. E. D, Morgan, Mrs. A. G, Nor- wood, Mrs, Lewis C. Jones, Mrs. G. T. M. Davis, Mrs, Daniel Torrence and Mrs. Frederick Sheldon. In the absence of the President, the chair was taken yesterday afternoon by Vice President A. R. Wetmore, who, after congratulating those present at their appearance at another anniversary, called upon Dr. Norton to offer up prayer. The report of the Board of Governors was then read by Secretary ‘W. W. Hoppin, Jr. A stirring appeal was made for money, calling upon people to leave their money t¢ found a ward or pay the expenses of another bed in the hospital, rather than bestow it forthe out ward show of erecting some church window. The report of the Board of Lady Supervisors, prepared by Mrs. Jonathan Edwards, was read by Genera} Davis, ‘This report showed that the hos pital now contained sixty-eight beds. The wardd ure full nearly the whole year round. After mature eonsideration the Board appointed another resi- Gent surgeon, as they found that onc was not suffl- dema@mé. Of course, this neces- ed an extra expense, which will call for more money. On the whole, however, the expenses were light during the as year, and the members of the Century will not be called on for more than $40 this season. Great credit is due to the exertions of Miss Sims, who gave $1,000 to the funds as the pi is of two concerts, ceful tribute was passed to the memory of Mrs. . B. Astor and Mrs. George N. Miller, members of the Of Lady Supervisors, and who died since the last anniversary. ‘The Treasurer's report was then read by Mr. L. H. Bliss, which showed that the receipts amounted to $25,779 20 and the expenses to $27,004 OG eaving a deticit to be made up of $1,225 49. T. Ge ‘Thomas then read the medival report, which spok favorably of the results ry the past year, but advo- cated very strongly ttfe removal of the hospital up town, as the noise of the passing trains was bic gh ne the patients, 6 medical addiess was made by Dr, B. R.. Peaslee, and was ofa very scientific nature. He went back into the history of hospitals in the olden times and spoke of the immense good that had been achieved by these institutions. In order to have this hospital maintain its pre-eminen it would be necessary to raise rey b half of! which shouldbe used at once and half to be on call. Since 1870 over two thousand patients had been treated, 8000f which by the outdoor wat ment. During the it year the hospit has treated sixty-two Re ents. ‘The Rev. Dr. Hall, of the Fifth Avenue Presby- terian church, then made a very eloquent address, showing the lady managers the happy and glorious task they had before them, and even going on to envy. the medical men the pleasure they must seileve from cach fresh case. ‘The meeting adjourned abont four P. M, THE COUNTY OANVASSERS, ‘The County Canvassers continued the canvass ip the chambers of the Board of Supervisors yester- day, and read the returns from the Twenty-first and last Assembly district, There were no returns for Assistant Alderman from the Twelfth Election district on the Supervisors’ statement, and none from the Eighteenth on the clerk's statement; but they were canvassed, the complete return in each case being accepted. The Assembly district being finished, the Board proceeded to canvass the corrections of the Electoral vote in order to furnish them to the State Canvassera, who met in Albany on Wednesday. The Fourth Election district of the First Assembly, the Thirteenth Election dis- trict of the Third A: maby the Third of the Fourth Assembly, the Ninth of he Fifth Assemb): , the Fourteenth of the Fighth Assembly, the Fourteenth of the Eleventh and the Fourteenth of the Four- teenth were then canvassed, st isor VANCE, from the Committee on Cor- rections, announced that the returns for the First, Second, Thirteenth and Sixteenth Assembly dis- tricts had been corrected and were now submitted to the Board for verification. a re accord- ingly, re-canvassed, and the corrections were foupd c correct. ‘The work that remains to be done is confined al- together to correcting the returns, canvassing the retarns as corrected and fovting up the totals. There are forty-seven incorrect districts which have not yet reached the Committee on tions. The whole business will probably be com- Ray to Goeerve how tue count, whe going were ol e coun were Sherif Brennan and Theodore Allen, ts THE OFFICIAL VOTE OF KINGS COUNTY, The Canvassers Behind Hand as Usual. The Board of County Canvassera have at last completed their labors, but the figures do not differ much from those which were given to the publia by the Hznatp immediately after the election, A communication has been received from the Secre- tary of State announcing that the returns have been received by him from all the counties Hut three, and that Ki county, as usual, is one those which are d ict. This Las aiways been case with Kings cout iG every election, The can. vassers have done their work in such @ bung! manner that it takes a long ae get returns in anything like proper shape, It wieage this year that the of Election Creer timad un it was before, it was certainly Prete it 5 rable.” ‘The total vote 1s as follows :— ha PRESIDENT. For Greele, For Grant, Greeley’s majority.... dt STATE. * Cunningham, dem Willams, rep... Faron, ind.... Williams? MAJOTItY...6...sseceeessereeeeres THE OANAL STREET MYSTERY. The remains of the woman who commit! suicide at 419 Canal street ander the name of Jane Campbell, were yesterday identified at tl Morgue by friends ag those of Sophia oad a late of 402 West Thirtieth street. The motiv which prompted deceased to take her own life wi before Coroner Keenan, he develope house is managed bya board of Jady supervise ‘i