The New York Herald Newspaper, November 23, 1872, Page 11

"THE COURTS. Mbsexcweie’s NEW TRIAL f * Beby the Supreme Court, General Term, 4 General Sessions—The Opin- jon of the Court. ~ (DUTCH HEINRICH AGAIN (pinion of the Supreme Court, ‘General Term, in the "* Case—Grounds for Grant- ing a New Trial. WHE CAR-HOOK MURDER, bre Suit by the Widow of Putnam Against the Seventh Avenue Railroad Company--- "| Verdict for $5,000 in Her Favor--- “ . kn Appeal ‘Threatened. ‘LAGRAVE’S CASE IN COURT. 4 fe Beginning Which Was Not Much of a Be- | @imning—A Witness and Lawyer at Log- +! @erheads—How a Judge Settled It. the United States District Court yest2rday Blatohford rendered a decision in the case Walter 8. Derby, a bankrupt. The decision tes the order adjudicating Derby a bankrupt. ‘The calendar of petitions for reviews in bank- will be called in the United States Circuit urt on Wednesday next, at eleven A. M., before Woodruff, Yesterday a man named Martens, who resides in farick street and claims to be an attorney-at-law Claim agent, was brought before Commissioner born on an accusation of having charged more $25 for the collection of a claim for bounty pension for a German woman, whose husband served in the Union army. This woman states she gave Martens $65 for the purpose stated. case went over till to-day, when Martens is to jubmit his books and papers to the Commissioner regard to this particular case. « ‘The sum for the payment of the 3,000 special fnited States Deputy Marshals who were sworn in @o duty during the late election will, in all badility, amount to about $50,000, “Written opinions were given yesterday by the me Court, General Term, embodying the ds of their recent decision in granting new ‘lala to Rosenzweig and Dutch Heinrich. These pinions will be found in full below, Meantime jheriff Brennan received yesterday warrants from District Attorney to produce both Rosen- feig and Dutch Heinrich to-day before the Court ‘liminary to their imprisonment In the city to wait their new trials. | At attachment was issued yesterday by Judge cher, of the Supreme Court, Chambers, against property of Thomas ©, Ficlds. The attach- mat is made on application of Frederick A. Greer recover $573, which it is claimed Mr. Fields Agreed to pay him fora published biography and Bteel portrait, The petition set forth that Fields hhad left for parts unknown, and that there was not pas Mkelihood of his returning, inasmuch as his : under the indictment in the Court of Oyer and ner had been forfeited. * + Colonel Blood is not yet out of trouble. He had Be sooner given ball yesterday on the criminal upon which he was held by Judge Fowler he was re-arrested upon an order of arrest in the civil suit begun against him by Mr. lis. Bailin this case ts fixed at $3,000, and the Hone}, not being able to furnish it, was given jgnarters in Ludlow Street Jail. In Supreme Court, Chambers, before Judge ncher, application was made yesterday to release m prison Frank Clusky, & boy of the tender age rn sixteen, who has been committed to curance fle upon a suit for alleged breach of promise of fe, brought by Miss Minna Feobel, five on his senior. The Judge said he would give decision in the matter to-day. . Writs of habeas corpus were granted yesterday py Judge Fancher, of the Supreme Conrt, in the ase of four parties committed by Justice Cox, 0, it was stated, had refused to accept bail, ich he had himself fixed at $500, Their lawyer, ‘pon being asked by the Court upon what charge y were held, replied that they were arrested Tor being concerned in gambling; but there being bo compiaint against them Judge Cox held them bn general principles. , A verdict of $5,000 was given yesterday in the suit ht before Judge Curtis, of the Superior Court, the widow of Avery D, Putnam, the victtm of the Bar-hook murder, against the Seventh Avenue Rail- voad Company. After the rendition of the verdict tifcation was given of an appeal, ao the end of matter ts probably not yet. 4 (< THE ROSENZWEIG CASE. © ion of the Supreme Court, General \Zerm—Review of the Erroneous Rul- \ings in General Sessiens—Why a w Trial fs Granted. (After the trial, conviction and sentence for seven to State Prison of Rosenzweig, charged with yosing the death of Alice Augusta Bowlsby ugh an abortion, the general hope, no doubt, Was that no more would be heard of him until at Yeast after the expiration of his sentence, but that be would be compelled to expiate the fall sentence pf the law meted out to him. This, it seems, was tobe. Hts counsel, Mr. William F. Howe, with legal astutenesa characteristic of the sharp wyer, detected weak and untenable points in e rulings of the Court, and, upon objections to these points, carried the case on appeal to the ‘ome Court, General Term. Before this Court— Ingraham, Leonard and Larned on the pbench—there was a hearing a few days ago, and at Khe conclusion of the argument the Court at once Granted the application fora new trial, This de- Gision was ora}. Since then the Court has em- bodied an opinion, prepared by Judge Leonard, inds A ot which this new trial was granted, che © Not being ES in the oral decision. In w of the public interest attaching to the case pre give in full the PINION OF TRE COURT, 0 je defendant, Rosenzwely, was indicted and tried at oral ns of th if EE producing ah ‘eborsiore ghee a Augusta jn aby, resulting in @ conviction for manslaughter in anand degwety and his sentence to th Duta F ven ee case Of ora guilt was proven ry mdant at the close of the the prosecution, when was testified as a witness in his own and gaye his explanation of the facts proven him, 10 WAS, pe eceiaed $406 a uctofthe apne Bi in 1869, chap. 673. On his cross-exami- maby the rict Attorney he testified poate ota ot know Nellie Willis, a Gig Sy il present in ot hat had never seen her in @ had never procured an upon her, Nellie Willis was afterwa: on behalf of the al testified an objection and oxception by that the prisoner had produced. up son about wo years before, by tbe use ra f time when sho was three $29 8 be if months buced in pregnancy, ‘The admission of this testimony ERROR, UPON WELL-RSTABLISHED paises Dot competent to impeach the prisoner as a wit- Por any other witness, by contradicting him as to nected with or collateral to the Jd lg 10 and on trial, The Rrlsonee was notindicted onde ing AN abortion upon Nellie Willis, nor was he notitied repared to mect that charge. No person can be re- to come duto Court, on a trial ander an indictment '& specific offence, prepared defend or explain enenctions Rot connec: he one a is HO reason {i case that Nellie Wills ‘Yeauned truly, teptimony might Nave Deon false, and, Tiavin out unexpectedly, risoner coull be prepared for it, n ie nbc rGeats nied ie 8 ta meet it were thacharan of Neila Willis ut rison Inted out to him: ife, and that ar. ar it y Ja pd their guidance the principtes of law y, fully proven that the offender should not be to , oF for reasons not involving of the indictment. Batit is far more important to the cause of pi i afar trial be sect and that no mm should suffer by am bl tion. A di Tey rhles: for the attainment of truth on the trial of an action in a Court is but a mocke justice and rapidly of w ‘ates to the standard i tes law. The "ue dogener: ment must be reversed ordere ern a aud a new trial d at the DUTCH HEINRICH ONCE MORE. ‘The New Trial Granted Him and Grounds Upen Which it Was Granted—Opinion ef the Supreme Court, General Term. Precisely the same preparatory remarks are ap- Plicable to the case of Henry Newman, alias Dutch Heinrich, convicted in the Court of General Sessions of bond robbery and sentenced to State Prison for ten years, as those given above in the case of Rozenzweig. Mr. William F. Howe, his counsel, discovered in the rulings of the court “a loophole upon which to hang a doubt’ as to his having had a fair trial, and accordingly carried the case on appeal to the Supreme Court, General Term, and demanded of the latter tribunal a re- versal of the judgment in the General Sessions and a new trial. After hearing his argument the Court promptly acquiesced in his demand. The Court yesterday embodied its decision in a written a which was Ponda by Judge Ingraham, the Chief Justice, The following is the OPINION OF THE COURT. ‘On the trial of this caso, in the Court of General Ses. sions, the prisoner was put on the stand and fe 9 witheas an his own beat the statute 678 of laws of 180), Party accused of crime shall, at his own request, and not be deemed a competent witness in bis own be- 8 exaInine: nth by the counsel for the the ict “Attorney. On the cross- if he had been in the State had served out his term, this asked the Courtto charge tho Sito disrexard lis teatimony on the ground that hav. ‘ser im law, he was so Court 40 instructed: the Jury to wholly disregard the testimony of the prisoner. Me ‘think this was enn The i Intended to. all th deneat and privileye of Sat fo wit any calculated fo ex, Oar oth the lege was to be enjoye ify a wit. e egree of it to whieh he was entitled was to be decided by the Jury and not the Court, and yet the Conrt refused hin the yr 0 given yy’ the ause he was not worthy. o*belles ” This queation Has been examined and deeded in trict in Dolameter vs. The People; 5 Lansing, $82, The Oourt in that case says, “The person ghereed with any criminal offence, no matter how in- famous, should be pormitied to testliy in his own behalt.” ALSO AN ERROR in the Court if the testimony cou'd have been excluded to admit te tostimongy and then direct the Jury to disre- gard it, However guilty the prisoner may be, he is en ted to ail that the Jaw gives him on his trial, aind whero the provisions and rules of law are violated it is the duty ofthe, Court to direct anew trial. Judgment is reversed. iew trial ordered. THE CAR-HOOK MURDER. Suit of Mrs. Putnam Against the Seventh | Avenue Railroad Company—Refusal to Dismiss the Complaint—Verdict for Mra. Putnam for the Full Amount Claimed— Appoal from the Verdict. In yesterday’s HERALD was published a full ac- count of the suit brought before Judge Curtis of the Superior Court by Mrs. Avery D. Putnam against the Seventh Avenue Railroad Company for damages on account of the killing of her husband, as alleged, by Wm. Foster. The day's proceedings closed with hearing the argument on a motion to dismiss the complaint. On the reassembling of the Court yesterday morning, Judge Curtis announced his decision upon the motion, which was a REFUSAL TO DISMISS THE COMPLAINT. Upon this announcement the counsel for the ratl- road company stated that they had no testimony to offer in defence, but were willing to submit the case to the jury on the summing up of counsel and the charge of the Judge. This proposal met tho approval of Mrs. Putnum’s counsel, and thereupon the opposing counsel proceeded to the SUMMING UP OF THE CASE. Some time was occupied by the counsel on both sides in their diverse presentment of the facta and the law tothe jury. Judicial decisions applicable to the case were quoted at great length. A very strong case was that submitted by Mrs. Putnam's counsel, in which a verdict of several thousand dollars was given to a passenger on a railroad Tr because of an insuit by an employé of the road calling in question his honesty before the other passengers, the allegation being that he was endeavoring to cheat the company out of its fare thro’ resentation of an epee d ticket. The argument on both sides was in the main purely of a legal character and of course would constitute dry reading. Mr, Parsons, who spoke on behalf of Mrs. Putnam, did, however, dweil at some length on the dangers besetting passengers on our city cars through the violence of drunken rowdies, and the responsibility piaening to the companies to protect their passengers from such violence, He urged that if Foster, hts drunken condition bein, at once apparent to the conductor and driver, ha been Lapory hy ejected from the car, the tragedy resulting in the ing of Mr. Putnam might have “been eee He claimed that it was their duty to do this in the outset and if necessar: have called a policeman to their assistance. Instead of this they allowed him to remain, and far- ther, made no effort to remove or remonstrance even when he insulted the ladies with Mr. Putnam and threatened violence upon Mr, Putnam after he left the car. The strong argument against this was that the assault upon Mr. Putnam occurred after all the perme. had left the car, and that neither the con- nee FoR driver participated in the murderous agsal THE JUDGE'S CHARGER. \dge Curtis, in his charge to the jury, laid down erning the case. The defendants, said, undertook to transport the deceased ior hire, and were bound to aecure him @ safe passage, as far as that conld be done, by the exercise on their part of due dill- gence. The law required them to exercise the ut- most care in maintaining order and guarding their passengers fainst violence, which might eng 4 and naturally be expected to occur in view of the character and condition of other persons whom they voluntarily expected to come or remain on board the car. If such ditigence had not been exercised by the railroad company and the death of Mr, Putnam was clearly traceable to the want of such diligence, the railroad company was clearly liable for damages on account of his death. After the conclusion of the ongers chai the jury retired to deliberate upon their verdict, but Were absent only a few minutes, when they re- } turned into Court with a verdict for $5,000—the Tull amount he nennaay™ N APPEAL. After the declaration of the verdict notice was ren by the counsel of the rattroad company of an | Intention to appeal from the same, Upon this notice the defendants were accordingly allowed thirty days in whivh to prepare a case for appeal. THE CASE OF ALFRED E. LAGRAVE. Commencement of ¢ Examination—A Contumacious Witness and a Conta- macious Lawyer—Judge Fancher Orders an Adjournment and Says He ‘Will Take the Matter in Hand Next Time. Iu one way and another the case of Alfred E, Lagrave, accused of swindilng by the wholesale some of our Icading merchants, and not long since brought to this country—he having, as claimed, gone abroad to enjoy the proceeds of his swindling operations--has been so often given in the papers lately that the public by this time are pretty thoroughly conversant with all the particulars, A trumped-up charge of burglary, it is said, was devised to secure his arrest, in order to bring him here to stand trial upon the civil suits instituted against him by thoso claiming to be . his victims: The hitch now appears to be a8 to the legality of his arrest. The Sheriff in whose custody he is was called upon to make some explanations bofore Judgo Fancher, of the Supreme Court. Pursuant toa writ of habeas corpus and certiorari the Sheriff's return, which was that Lagrave was arrested im the Sheriffs office was, to use the legal term, duly: traversed, or, to put in plain English, ita trathfuiness was denied, and thus an issue was joined on this point. Upon this issue the matter was again brought yes- , raha | Stare waa foun Ce {hore were’ goa | wi nesses to be examined, and 80 the arrested, as claimed, on @ French steamer and if Bhimenstiel & and others for the credi' ted a @ay's work, but indica: proved to be of report below wiki fully explain, PRELIMINARY TESTIMONY. First in order was submitted a certified copy of the ort duration, and for reason the the naturalization rs taken out by Legrave. These showed that in 1865 he became a citizen of orl document) his passport, bearing date wo 1872, which he obtamed from ti Department at Washington previous to his enter- ing upon itis late tour abroad. A witness was then eal witness being Richard Wynkoop, of the Custom House. He stated that the steamer Wash- ington was a French steamer, ped that a certif- eate of the French Consul in this city showed the de} of her marine papers in the latter's office, This certificate was flied on the 20th of last October, in the Custom House. PECIAL DETECTIVE MOONRY. ‘This 1s the individual who is credited with the arrest of Lagrave. Ou being called as a witness he te his place on the witness’ stand with alacrity, and looked like & person who would tell everythin; he knew with like alacrity. Mr. Garvy commence’ examining him. The folfowing were the questions and answers :— What is your name? A. James Mooney. What is your basiness? A. Private detective, Q. How old are you? A. Twenty-elglt. io. In what year were you born? A. Take twenty- eight from seventy-two and you wili know. . Answer my question if you can? A, [have answered it. Q. Do you know the year you were born? A, I told you how to find out. Do you refuse to tellme? A. Thave told you. And you Will give’ me no otuer answer? A, 0, Sir, Q. Well, will you tell me where you were born? A. Yes, sir; 1 was born in Ireland, Q. What part of Iretand ¢ A, Westfield. Q. How long have you been private detective ? A. Eight or nine years, Q. When did you come to this country? A. In 1861 or 1862, Q. How did youcome? A. In steamer Pennsyl- vania. ‘Where did youtand? A. At Castle Garden, . Under bbe. Sane if As dameg Magner. . elatives with you? A. No, sir. & wha ‘ata you Work at before you came to this country’ 4. 1 was a clerk with Northford & Broth ere. Q. What was their business? A. Millers. Q How long were you with them ? A. | won’t an- swer any more such questions, Q. What do youmean? A, I mean that I won't ore aby other questions than those bearing on thig case. Mr. Garvy (excitedly)—I don’t want any of your impertinence. looney (coolly)—I don’t want any of your im- pertinence, Mr. Garvy—I'll see about that. I'll go to the Judge. Mooney—Can I go? Mr. Garvy—You stay in Court or I'll have an at- tachment issued against you, Some of the counsel suggested that the course of examining the witness as pursued thus far was entirely irrelevant. Mr. Garvy—Its relevancy will show itself in time. Mr. Garvy insisted on going to the Judge. Sev- eral of the other counsel followed, In a short time they returned and stated that the Judge had ordered the examination to be postponed till eleven A. M. next Tuesday, when he would be present and preside. Thus ended the day's pro- Ceedings. THE ANDRIE WIFE HOMICIDE. Continuation of the Testimony for the Defence—Documentary id Verbal Evi- dence of Mrs. Andrie’s Infidelity—Did It Make the Prisoner Insane t ‘The trial of Emil Andrie, charged with shooting his wife, was continued yesterday in the General Sessions, before Judge Bedford. Francis Douanean was recalled and his examina- tion resumed. The counsel sought to prove by the witness a conversation which he heard between the man Lagneau and Mrs. Andrie relative to poi- soning Mr. Andrie, to which the District Attorney objected, until the defence showed by competent testimony that the plot was brought home to the knowledge of the prisoner. The Court, after hearing an claborate argument, sustained the objection until such proof was given, Witness resuming—Andrie told me that his wife had desorted him and he believed had left with Mr. Tartiene, the prisoner, saying:—“I am a bachelor now; she has carried with her everything I pos- sessed; Ihave nothing in the world; my wife hag left, but I do not think she will do anything bad, she is too good a woman for that; I consoled Andrie by saying that she would return; this con- versation took place about the end of May or com- mencement of June, at my house; Andrie was very much excited because he desfred to see his chil- dren; he looked a little wild; three or four times afterwards Andrie came and wanted to see his children and to know where his wife had gone; he said he preferred to die if he could not see his children; the last time Andrie came he said:—“Now I am satisfied; I am jad that) «omy wife id me called Hs a fy a lawyer; I shall see my children again; I shall return to France agatn, In the bosvin or my old mother’s home ;” this was the day before the kill- ing; Andrie looked so strange that day that the ‘women in my embroidery shop were frightened by his appearance; the tone of his conversation was excited; he always used good Jangnage, as he was aman of culture, but at that time he used vulgar and coarse language; | cannot tell if the prisoner habitually carried a pistol, but Isaw one with him. bag nee papers which the witness found in Mrs, ndrie’s trunk ‘after the killing were shown to him and identified.) I never saw Andric other- wise than quiet and peaceable, Cross-examined by Colonel Fellows—It was at Andrie’s request, Made on the afternoon of the killing, by note, written after ms arrest, that I went to his wife’s apartments and got the papers which have been shown. The note was destroyed, but the witness said its purport was:— A misfortune has happened to me, I beg you to 0 and fateh my household goods, in onder to give them In the ol a is lon’t re Salt hienset 3 our triend, i 'ANDRIE, Jerome Levi, sworn and examined, testified that he hasknown the prisoner ten or tweive years; knew him in France, and his father also; the father told the witness that hts son was sick. Counsel sonar to prove by this witness that he heard that rie, the prisoner, was confined for a while i an insane asylum, but the testimony was excluded by the Judge as incompetent. The witness was permitted to say that when he saw Andrie in France the do; T he returned home “‘from his sickness” he had the look of a wild beast, and ran away from People, Magdalene Klotz testified that Andrie and his wife scopes apartments in her house, 141 Mott street, in January and February, 1871; while Andrie ‘was away working in the woods a young man came there, and some time in March or ae Andrie came home and the children called him father; the witness asked Mra. Andrie’s little girl if Anchie or the other man was her father, and she said this (pointing to ore A a papa; the ad man was mean, W! Withess supposed, was Mrs. Anirie's husbatia, Counsel then introduced the lecters found in the trunk of Mra. Andrie, which were translated by the interpreter and read to the jury, The most important was a letter written by Mrs. Andrie to nean, in which she calls him éndearing names ant ghee of her delicate condition and asks his advice, Francis Simonet was examined, and said that he saw Lagneau at Andrie’s house on Union Hill; and that when Andrie returned to New York Andrie had a fight with Lagneau, The Court adjourned till Saturday morning. It 4s said the defence are going into the insanity question pretty thoroughly, and that the trial may Rot be closed till the middle of the week, BUSINESS IN THE OTHER COURTS. SUPREME COURT—CHAMBERS. Deelsions. By Judge Fancher, are David Banks etal. vs" Harriet Botks ‘of al. —Mo- tion iia C. Vibbard e' va. St. Joseph and Denver Rail- road Company.—Motion denied. Brooks vs. White et al.—Motion to change place of trial dented, and motton for reforence granted and referee appointed. e Danforth, ease Barth vs. A. McO. Stetson et al.—Motion granted, with costs. i COURT OF COMMON PLEAS—PART I. Heavy Transaction in Spantsh Wines— Suit for Conversion of over $50,000 of the Jutee of the Grape. Before Judge Locw and a Jury. Henry A. Richards va. Isaac B, Wellington & 0o,—The platntid in this action wag the agent in this city for the sale of the wines of J. R. Rudolph, of Cadiz, Spain, The defendanta are a large wine firm, doing business at 14 Broad street. The plaintiff brought the pres- ent sit for the wrongful conversion 800 casks of wines by the a Of over, $6008, "The occu; woeks and He 1! @ lance ieee of 08 giveu. of fendants, to the value ‘wo | The thet he had not seid t! wines to the defendants, but had put them Gnets Warehouse on storage, Ser eA ae a iar cite Seen F storage, ‘and customs in fact, they hed ove' lainti” for the "tne luty wete instructed” vy sulge Lee We! w if they found the goods had actually been sold to the a ants lege an action for trover) they must find for the defendants; but if the not been sold then they must find for the plain- tiff, allowing only such deductions from the value ofthe asthe defendants had paid on an- count of charges on the same. The jury ai cd. For plaintitt, Doolittle and Lyon; for def ts, George W. Parsons. MARINE COURT—SPECIAL TERM ANO CHAMBERS. Decisions. Before Justice Tracy. 5 T. H. Geraty et al. vs. Martin Oakley.—Motion to vacate order of arrest granted, Alexander Studwell et al. va. Samuel W. Stevens et al.—Motion denied. COURT OF GENERAL SESSIONS. Another Homicide Case—The Prisoner Pleads Guilty to Manslaughter in the Third Degree. Before Judge Bedford. Nicholas White, charged with murder in the first degree in causing the death of James Smith, on the alist of July, by shooting nim with a pistol, was arraigned at the bar, It seems that the deceased was quite drunk, and as he passed through Lewis Street he commenced to dance in front of White's place. The accused ordered him off the sidewalk, whereupon a difficulty occurred, the deceased sa; ing, “‘Ican shoot as weil and haye as many pistols as White.” He was taken away from White two or three times by a friend, but returned, and during the renewal of the fight White fired the shot. As sistant Diserict Attorney Fellows said that aftor a careful examination of the facts he was satisfied that they disclose a case of manslaughter in the third degree and notuing more. dar. Hummel asked that sentence be postponed till next week to afford him time to present. aifida- vits, The prisoner was accordingly remanded, Grand Larcenies and Burglar Michael McCarty pleaded guilty to grand larceny in Stealing a gold watch, valued at $54, on the 24th of October, trom Gustav Hollander. The guilt of the prisoner was conclusive, and His Honor im- posed the severest penalty, which was five years in the State Prison. Jeremian Hanley, having been charged with stealing $75 worth of crowbars, on the 12th of this month, from the Department of Public Works, leaded guilty to an attempt at grand larceny, 'wo years in the State Prison was the sentence. Joseph Hill, a eh ww inaicted for stealing a silver watch, valued at $20, on the 5th inst., from Adam Castle, pleaded guilty to an attempt at grand lar- ceny, John Halioran tendered a similar plea, the alle- gation being that on the 31st of October he stole $30 in money from Thomas Mackey. Frederick G. Hendricks pleaded guilty to forgery in the fourth degree. On the 9th of October the accused presented an order purporting to be signed by J. R, Palmenberg to Holmes, Booth & Hayden for the delivery of some property not named in the indictment. Hill, Halloran and Hendricks were each sent to the Penitentiary for one year. Theodore Moore, who, On the 5th inst., stole three pieces of ticking ‘worth $43, the property of Bro- mold & Hoifman, pleaded guilty to an attempt at grand larceny and was remanded for sentence, Jeremiah Harris, who burglariously entered the premises of Demas Barnes, on the night of the 28th of October, with intent to steal oll paintings, pleaded guilty to an attempt at burelary in the third degree. This culprit was sent to tie State Prison for the period of two years, Thomas Brophy and Thomas Lynch pleaded guilty to @ similar crime, the indictment charging that on the 27th of October they entered the store of Woodruff, Ballard & Co., 400 Greenwich street, and stole two tubs of butter. The prisoners were sent each to Blackwell's Island for one year. A Veteran Forger Sent to the State Prison for Seven Years. Charles A. Miller, who has heretofore been con- vieted of forgery in the third degree, was brought up, and pleaded guilty to another indictment, charging him with giving a forged check on the Agawam National Bank for $950 to Moses A, Hop- ik & Co., in Reymens for a bill of goods purchased Sap bet, 871. His Honor sentenced him to imprisonment in the State Prison for three years and six months on the former conviction and imposed the same sentence on the plea, mak- ing the aggregate punishment seven years. Miller is seventy years of age, and it appears has been carrying on these forgeries for the last two or three years, BROOKLYN COURTS. SUPREME COURT—CIRCUIT, A Judge Sctting Aside a Jury's Vordict. Before Judge Barnard. William Fallon sued the Cross-Town Railroad Company to recover $10,000 damages ior a ‘shat- tered arm. He was riding in a car, with one of his arms on the verge of the window, when a car pro- ceeding in an opposite direction rubbed against the one in which he was, the tracks being near to- gether. His arm was thrown out of the window Br the shock of the collision and badly injured. There was testimony, however, which showed that Fallon’s arm was outside the car, and that there ‘Was no collision between the vehicles, Counsel for the company moved for a nonsuit, but the Court allowed tho case to goto the jury, who rendered @ verdict in favor of plaintiff for 2,000, dndge Barnard granted a motion to set aside tha verdict on the minutes, remarking that he showa have granted the motion for a nonsuit, but sired the case to go to the jury to sa’ “The jury having failed to see t action ‘was the result of Pallon’s own negligence he could then do nothing but set aside the verdict, CITY COURT—TRIAL TERM, A Warning to Owners of Dogs. Before Judge McCue. Patrick McGoey sued William H. Cammeyer, pro- prietor of the Union Grounds, to recover $1,000 for injuries received by being bitten by two of defend- ant’s dogs. McGoey was passing the grounds one morning on his way to work wnen the dogs, a big black one and a little yellow one, ran out and bit one Of his legs. The animals were afterwards killed Cammeyer said he offered to buy plainti new Pair Of pants and pay the doctor's bill if the littie yellow dog was only spared. McGoey was inex- erable and both dogs were killed. It was further claimed that MoGoey was to call the matter square if this were done. The jury gave plaintiff $800 damages, ‘The O’Reillys’ Difiieulty, Before Judge Thompson. One day last July there was a little scene at the O’Relllys’ breakfast table, at No. 50 Nassau street. Joreph went security for Annie, his sister-in-law, for the rent of the house, paid a part of it and took it out in board. Annie on this occasion wanted some money from Joseph, who replied that there was nothing due her, but, on the contrary, she owed him. Annie, Heng Song this, said she had receipts from him, when he, as alleged, charged that she had forged the receipts. irs. O'Reilly brought suit for $1,000 damages for slander, and the case was tried yesterd: The jury disagreed. CITY COURT—SPECIAL TERM. Decisions. By Judge Neitson. Fellx Gallagher vs. Justus Palmer.—It appearing that neither at the time of filing the notice of lion or alterward any money was due from the defen- dant, the owner, to the contractor, judgment for the defendant. Lenton vs, The Brooklyn, Bath and Coney Island Railroad.—Same vs, Same.—The demurrers to the complaints im each of these actions overruled; usual terms, UNITED STATES SUPREME COURT. Agonized Contortions of the Sheboygan and Fond du Lac Railroad Company— Tilusionary Bonds to an Apocryphal Corporation. ‘Wasnineron, Nov. 22, 1872, No, 271. Olcott vs, Boata of Supervisors of Fond du Lac County, Wis.—Error to the Circuit Court for the Eastern district of Wisconsin.—This action ‘was founded upon certain “county orders” tssued in ald of the Sheboygan and Fond du Lac Railroad, in pursuance of the provisions of the local laws of the State, The defence was that the issue «was unauthorized and void. The Court below charged the jury that this pro- ceeding, being under the local laws of tho State, and there being no controversy, but that the particular act had beom declared to be an uncon- atitutional exercise of legisiative power ly the was State Cor the issue of the order in suit Megat, ed the te could not recover. It is here maintained that the decision of the State enforced b; binding upon the laitor court under the File for the irt under the rule for the conatrcton of State | laws by the federal courts, th cll as rendered after the contracts pon rho fi is action is founded were Erol ae ‘ther, that decision was not binding Ty he Clreult Court, in avy case, because it was EW YORK HERALD, SATURDAY, NOVEMBER 23, 1872+TRIPLE SHEET, Cy Nes and was, therefore, not a toate, Carpenter for plaintiff im error, J. M. Gillet No. 268. James ct al. vs. City of Milwaukee.— Error to the Circult Court for Wisconsin.—This action was brought to recover the interest due on twelve honds issued by the city of Milwaukee to the Milwaukee and Superior Railroad Company and the Milwaukee and Beloit Raitroad Company, two companies not in existence at the date of the act authorizing the city to aid in the construction of railroads. The only question presented 1s whether the Railroad act authorized aid to rail- roads generally, whether at the time incorporated and organized or not, or only to such as were then incorporated and organized. The Court be- Jow held that tne authority was extented only as to roads at the time incorporated and organized, and fre iacement against the holders of the bonds to the effect that their issue was without the au- thority of law. It is here insisted that by a proper construction of the statute the bonds in the case ore valid, ag having been issued in pursuance of the act. es 0. H, Waldo and John W. Casey for plaintiff in error, E. G, Ryan for city of Milwaukee. COURT OF APPEALS CALENDAR, ALBANY, Nov. 22, 1972. The folowling ts the Court of Appeals day calen- ar for November 25:—Nos. 255, 397, 410, 840, 484, 489, 49, 4d. “WEBSTER FROM ALLEGHANY." How He Was Taken In and Done For” by the Nassau Street “Sharps.” A man named William Huntley was arraigned before Judge Hogan at the Tombs yesterday, on a complaint preferred by Alvin B. Webster of in- ducing him, by false representations, to gamble away $48, Mr, Webster's statement is as follows:—He was walking through Fulton street yesterday morning, and a well-dressed, good-looking man stepped up and asked, “Are you not Oliver Wepster, from Cuba, Alleghany county?”? Mr. Webster, delighted to meet some one who knew him in a strange city, answered at once, “Yes, 1am, sir; but I have not the pleasure of knowing you,”’ ‘The accosting party excused himself, said he knew Mr. Webster the moment he laid his eyes on him; but, said he, “lam not surprised at you not remembering. It’s some years since I leit Cuba. My name is Smith, I am a son of Farmer Smith.” Mr. Webster knew FARMER SMITH very welland cordially greeted his quondam son. A mutual interchange of courtesies was the result ot se mecting, and they had two or three drinks er. ‘How are you getting along in York 9’ asked Webster. “Oh, vory well,’ answered his new-found ac- quaintance, “Pye just had a streak of luck. I bought a ticket in a lottery around here, and I’ve won $100. Come with me till 1 get tt cashed, and we'll have a bottle of wine together for the sake of old times.” MR. WEBSTER ACCOMPANIED HIS FRIEN! RIEND to 90 Nassau street. He went in with him, saw the so-called Smith present a ticket to a man behind a counter and receive some money from him. Mr., Webster was then introduced to a number of peo- ple who were in the place, and three or four of them sat down at @ table and commenced playing a game. ir, Webster was asked by his friend to join in, He said he did not know anything about any game whatsoever. Then “Smith” sat down, HE PLAYED AND LOST AND WON, and at last borrowed $48 from Webster to go in the game again, promising him that he was sure to win, and that both of them would make at least When it was too late Alvin B. Webster found that he had been swindled by a lot of sharpersand made complaint to the police, Officer Koehler, 01 the Second precinct, arrested Wilham Huntley, alias “Smith, the Farmer's Son,” and Judge Hogan held him under $300 bail to an- swer, ‘The concern in Nassau street needs some bricf description, It1s situated on the second floor of No, 90 Nassau street. The entrance to THE OFFICE is somewhat peculiar, There is a door, with a slid- ing panel, always locked, and @ bell to announce the entrance of any one wishing to come in. In- NEW-FOUXD side the room is covered with ratiroad is and time tables, and also maps of real estate in the Western country, while concealed from view are some eight or nine vultures, ready to pounce on any prey that offers, THE PAUPER ITALIANS. Th Three Hundred Emigrants En- camped in Castle Garden—How They were Induced to Leave Their Native Land=—What Will We Do with Them? The authorities at Castle Garden are in a troubled state of mind relative to the three hun- dred Italian emigrants that the Holland brought out on her last trip. These unfortunate natives of la belle Italie are certainly bona fide specimens, and would be of immense value to any theatrical manager wishing to introduce an Italian bandit scene With the genuine article imported expressly for the occasion. There is not one of the three hundred that can speak one word of English, and they sit around the stoves in Castle Garden en- veloped in their long cloaks and keep up a perpetual chatter among themselves. They are certainly the victims of a most heartless swindle, asthe circulars which were scattered broadcast over Italy held out the most liberal inducements to the emigrant, The larger portion of these un- fortunates purchased tickets at prices varying from two hundred and fifty to three hundred and twenty-five franca, in gold, for Buenos Ayres, but were SHIPPED AT HAVRE FOR NEW YORK, with the assurance that they would be forwarded on to Buenos Ayres without extra charge. The following affidavit explains their grievances — Cast. Ganven Ewtcrant Lanpine Dror. State of New York, City and County of New York.—Felice Garhono, Anionle Grottola, Alfonso Bojang, Michelle Gerello, Fidele Garupolo being fiuly sworn, depose, and —That they are natives of Htaly, and. arrived at ic Garden in New York on the 18th day of Noveiaber, as steerage passengers by steamship Holland, from that at home circulars were sent by pasienger agents through the country, stating that a gront deal money was to be made inthe United Staves of America; thatiie Ttalians living there always remitted consider- ‘sums to their friends; and that wages were very ag follows :—Gardeners from 10) to 112 francs per borers from 70 to 8 franes per month; ser- vants a to 100 franes per month; coach- men from 100 to 120. franca per month, with board and Jodging. The flattering inducements offered in these cltculars brought them out to this country, Those ‘who had ready money paid their passages and those who had no money execuied certain documents betore a 1o- bos hoes giving security on their reai estate and pay- ing fitteen per ceut for the loan. If the money so loaned is not paid within twelve months the property as inort- gaged reverts to the lenders of the money, Who were the. passenger agents that Issued the circhlars, ‘The names of some of them are as follows :—Franclsco Coppa & Co,, at Naples; Glacomo_F. Quejzolo & Co., at Geneva; Fran- cesco Palazzi, at Naples; Linxi del Pino & Co.,at Naples, and Rochas Padre & Figlio, at Turin. All tilese agents are AUTHORIZED RY THE ITALIAN GOVERNMENT, The price paid for tickets from Italy to New York va- ried from . to 826, Id. Some of the emigrants have paid their @ direct to Buenos Ayres, South Aineriea; but at Havre they were forced by employes of the agents, whose names they do not know, to proceed by steamer to New York. ‘One of the deponents (Fidele Garupoll) states that his baggage was sent to Huenos Ayres, and that he has noth- ing now except what he carries on his body. Depouents tate that none of them were sent ous for the of thelr country as paupers or criminals, but euch and every one puld his passage money in the manner above mentioned. They are now destitute and without means to provide a living for themselves; and i to this country but for fal by the aprenaey agents through their cireul ich Were distributed in every village and ti FELICE CARBON f ANTONIO GROTTOLA, ) BOJAN: ICHELLE CERELLO, te wig FIDELE GAKUPOLO, Sworn to bofore me this Mt day of November, 1872— Cuanses W. Kavarr, Notary Public, New York county. From the above it appears that the rates of fare are exorbitant in the extreme, and the passenger agents must have keted On an average from twenty-five to thirty dollars on each of their vic- tims, THE ITALIAN CONSUL, appears to be entirely ignorant about them, and ba a3 he had received no communication on the sabject they will hi ee, other destitute emi- grants, to go to Ward's Island, They have certauly arrived at ® very unfortunate season of the year, ag there is no work going on in the sewers at present, a branch of labor which has given em- i rage to many of their compatriots, The Na- ional Steamship Company brought these emi- ‘ants out in the Holland, from Havre, but they inow noth more than the tickets were pur- chased from their agent, R. Odinet, at the Rue de la Chaussée, Havre. The Commissioners of Fmi- Pil are now in correspondence with the Italian inister, and in the meantime the now arrivals ‘will be accommodated at Ward's Island, THE KINGS OOUNTY INDUSTRIAL PAIR, The Kings County Industrial Fair, which has just closed, has not been @ great success pecuniarily, but the result is considered satisiactory by the managers. They are of the opinion that the irregu- larittes of the railroad travel in consequence of the horse disease were a serious drawback. The re- ceipts were Loy and the expenses $20,000, teav- ing a balance of $2,500 in hand, It is proposed now co beg in Brooklyn @ Mechanics’ Indostelal Pay Conelasion of thé Invest jon Before the InspeetorssA TPrtwaie se ithe Memory of Captain Green. Dt The Qnal investigation into the burning of the Atlantic Mail Steamship Company's steamer Mis- sourt was hetd at the offtce of the Inspector of Steamers, 2 Pine street, yesterday morning. The first witness called was Mr. H. 4. Guivan, the treasurer of the company, whose testimony was substantially as follows:—I am treasurer of the Atv lantic Mail Steamship Company; I give all ordera’ for repairs, stores, &c.; the Missourt was repaired before she left New York; her beilers:were.re- paired, her water bottoms made new; had a new steam chimney, new jackets and: fannela; back connections repaired and 110 new flues, and she also had her fue sheets repairea; the boilers were repaired and all the fetting removed; her hull was ecalked from the plankshear to the water line: her boats were overhauled by our ship carpenter and she was repainted througli- out; on June the 10th her boilers were subjected to @ pressure of thirty-four pounds to the square inch; the inspectors, at the time of her inspection, poanghs that it would be well to make certain small repairs, which were Indicated {n a letter from them to me. The following were the sug- gestions :—Repair water bottom and renew lining of steam chimney and such other repairs as subse- quent inspection woutd show to be necessary. In- stead of performing these repairs the company thought it better to build anew and refit; the boats of the ship were ali in good order; the ship carpenter told me that the inspectors ought to look at them and requested to know if he should ut them in order; I told him yes, and if necessary to remove them to lils shop; I can only state that everything that I know of was done; [cannot state whether the oars were there or not; the equi ping of the boats with oars, &c., came under the direction of Mr. Germain, the Port Superintendent of the company; there are no spirits carried on the steamers of this line, except that whichis kept under lock and key in the stere- room; there was no aguadente on board the ship by consent of the company, for no such purchase is sown by the ship's bilts; tt Is my opinion that if such a stuif were aboard it was brought aboard by some of the eine crew for drinking pul 83, the dishes in the pantry were warme alcoholic lamps, bot the alcohol was kept im the store-room and deait out in small quantities, enough to fill the lamps; we Knew how much should be used in the lawps, and if there was any short when the store- Keeper makes up his account he js charged with the same, Inspector Mathews~—Was there any order issued from your office a3 to the stations of the crew? Witness—No; none in particular that [am aware of; however, I will state that two or three years ago the men used to be stationed at five quarters and regularly exereised, but the passengers raised such a fuss about it that it was discontinued, and after this we contented ourselves with fastening the hose to the hyarants every night; Gaptain Green was a remarkably cool Man in the face of danger; in March, 1870, when the Eagle was lost at Body Tsland, his conduct was examined into by the Ship- masters’ Associaton, and his certifleate was returu- ed to him; this increased the company’s confidence in him; the Missouri was valued at $176,000, but I cannot state the value of the cargo, 40. ‘The next witness examined was Mr. Gardiner, th Port Inspector. His testimony was substan- alliy the same as that of the previous witness, AQUATIC. The Proposed International Race=The Atalantas’ Reply. The secretary of the Atalanta Boat Club has pre- pared the following reply to the friendly invitation extended to his club by the Belmain Regatta Com- mittee of Sydney, New South Wales, a copy of which appeared in the Heraup recently :— Nuw Yorn, Nov. 18, 1872. Guytiumen—I have the honor to acknowledge the re- celpt at your favor of August 10 extending to the Atalanta Boat Chib an invitation. to be present, and (ake part In your annual regatta of November 9, 1873, T brought the matter before the club at tts last mecting ror action, and while fully appreciating the hotior you confer upon us, aswell as the Liberality of your propost- tion, yet we are obliged to decline it, ax our members are all 86 situated in business that it would be impossible for them to be abyent on such an extended trip. We receive your communication in the same spirit im which it is written, believing that it 19 for the purpose of advancing the interest of amateur rowing throughout tho world, and regret that such a regatta as you propose cannot be brought about; that is, as far as our club ty concerned, ‘Tt have Published your letter tn the sporting and daily pers of ths city, as alco our reply, showing that we leave the matter opon for any boat club to accept. ‘We will at all {umes be pleased to heat of the advance. ment of rowing in the Australian col as well as of the euccem ofthe Betmain regatta, so aim frit niki a a im tra} gain tha ig you for your § 0 FH, aly oul 3, ie Secretary Atalanta Boat Cub, New York. %, Franers Srexce, Hon, Secretary; @. Devore, Ho) reasurer, Committee B, B, C. It will be remembered that the committee pro poses to assist In defraying the expenses of the expected visitors with the sum of £500 ($2,500); which is but a portion of an amount subscribed for this purpose. The members of the Atalanta Boaf Club construe the wording of the letter received by them to mean that the invitation by thom de clined is open to any other American amateur crew. Should such a crew appear willing to tl! the blades with representatives of the cinb whtct robbed us of one of our handsomest plumes thit Summer, and others of the new country, the gow tlemen composing the same would do Well to com sult with the secretary of the Atalanta Boat Olu, ag the Belmain Regatta Committee evidentiy desire to have such acrew fully endorsed by the elub tc whom their very friendly and generous invitation was extended, Nassau and Gramercy—The Meeting o! the Clubs at Parker’s—Presentation 0} the Colors Won by the Nassau Club. Boating is naturally dull in the Fall season of the year, and anything in the way of an aquatic re- union generally attracts a large and enthusiastic audience. Last evening the presentation of the colors won by the Nassau Club in the four-oared race with the Gramercy Club gave an occasion for a reunion of AMATEUR BOATING talent that really proved a very enjoyabie affair, ‘The Nassau Boat Club is one of if not the best ama- tour boating association in the United States, ana numbers among its members representatives of the best families of Knickerbocker aad Pilgrim blood. They have been brought rather prominently before the public during the PAST SRASON, as their fonr-oared crew nas pulled with varie? success with the leading amateur clubs in the country. The Gramercy Clab, defeated in the race in question, is a tolerably strong organization that make their headquarters on the Harlem River, and will no doubt shew to the front some time during the coming season. Tho two clubs met ‘Tuesday evening In a room in PARKER'S, on the corner of Thirty-fourth street and Broad- way, and, after the usual introductory congratnta- tions, Mr. Atkinson, of the Gramercy, commenced business by making a few short and cuproprigse remarks, alluding chiefly to boating mutters, and wound up by presenting the co.ors. TH TROYIY in question consists of a very handsome bine silk Nag, edged with gold fringe, aud another, repre- senting the national Stars and Stripes, in the same material and with the same edging, Cenerat Roome responded in behalf of the Nassau Club, alluding in very graceful language to the Gramercy Club, their first appearance on tie HUDSON RIVER, and the astonishment of the natives of that ane civilized locallty at the appearance of thelr trim little shell, their gradnal growth in numbers abd wealth, their new club house on the Harlem River, and last, but not least, their havi been the fitsc club to challenge the Nassau Club. The Nassau Club had challenged some ninctcen clubs, but had never received a challenge until the ERCY ORAM! sent them tho invitation to come ont and pulla Trace with @ crew who would strip on that occasion in their maiden effort for victory. The result we all know, and, of course, I personaily was glad of it (of course we all are glad to win), and [hope we May have another race together some day before jong. The members of the two clubs then Joined to- ther mm peaceful unison and attacked the & siles and drinkables, an engagement that until 9 late hour to properly carry out, Aquatic Notes. Ata recent mecting of the Dauntless Boat Clut, of Harlem, the following board of oMvers was elected for the ensuing year:—Willlam D. Rivera, President; George W. Lalor, Vico President; Ben- jamin D. Stevens, Treasurer; J. H, Halsey, Record- ing Secretary; Hi. W. Peckwell, Ca . B Kil. duit, Corresponding Secretary. ‘Tn bers. of the Dauntless Ch will while away the tedions hours of the inactive season at tlelr new ciub rooms, situated in Brevoort Hall, Fifty-fourth strect and Third avenue. : THE CANAL STREET SUICIDE. —) Deceased Was Insane, Captain Hedden, of the Twenty-cighth preciney, yesterday called at the Coroners’ OMe, City Hull, to explain the mystery which had surrounded the case of Sophia McKenzie, the woman who commit. ted suicide at 419 Canal strect, a few dars ago, by swallowing a dose of Paris green, Deceased, wh r 78 loved ma foend with "som Kise, Vwi West Thirtieth hibited tomas of tem| sanity, aud ib is believed sho was Voranaed a te tine or swasiowing the known she bad no ives ny