The New York Herald Newspaper, November 27, 1872, Page 8

8 THE THE OLD TAMMANY RING FRAUDS. Wm. M. Tweed Again in Court---Another Argu- ment for Delay---The Close of the Present Term Against the Immediate Trial of the Case---It Will Be Brought On Early in December, COURTS. ee ed WMPORTANT CASE IN BANKRUBYCY. The Power of a Corporation to Convey Tts Personal Property—Alleged Fraud and Collusion—Cpin- ion of the Court. THE NOTORIOUS GENERAL GREENTHAL. Wow Convicted Criminals Get Scot-Free—An Appeal from the Verdict of the Court of General Sessions—A Technical Loop- hole—A New Trial Ordered. JHE LAGRAVE ALLEGED SWINDLE. Whe Arrest in France—Will It Be Held Le- gal{—Minister Washburne’s Authori- zation for the Surrender of the Prisoner — Another Legal Tilt—The Case Still On. wee TROUBLE IN A DIVORCE SUIT. Paying Alimony for Ten Years—Reason for Drawing the Purse Strings—Ap- plication to Open Them Again— The Application to the Court—Decision Reserved. THE ANDRIE WIFE HOMICIDE A We Trial Brought to a Close—The Plea of Defence Insanity—The Charge to the Jury— A Strange Verdict—The Prisoner Found Guilty of Manslaughter in the Third Degree and Remanded for Sentence. preeomte ae lL tae IN THE OTHER COURTS. ee peered Summaries—Decisions—Close of the Terms. In the United States District Court, before Judge Blatchford, in the case of Nathaniel Dole, a bank- rupt, on motion for an order vacating suspension of proceedings upon an order and summons hereto- fore issued by the Register, the Judge denied the motion, but allowed the Register to issue a new order for the examination of the bankrupt. Judge Blatchford yesterday rendered a decision in the case of James H. Moran, assignee in bank- ruptey of the Columbian Metal Works, vs. David Strauss, Francisco Bianchi and Robert Thompson. Jt was an action in equity to set aside a mortgage given to the defendants by the Columbian Metal Works on the ground that it was obtained by fraud ‘and collusion, The ruling does not wholly set aside the mortgage. We give the Judge's opinion in our law report. Thomas Murray, a youth, was tried and convicted jn the General Sessions of stealing some cigar boxes from an express wagon, owned by Joseph | #. Doreck. He was remanded for sentence, Thomas Main, who was charged with burglar- fously entering the premises of Emmanuel Barslay, No. 111 Ninth avenue, and stea'ing a small quantity of cigars, pleaded gnilty to petit larceny aud was to the Penitentiary for six months, ¢ creditors of Tom 0, Fields’ seem to be pur- euing him with that relentless fervor generally characteristic of this grand subdivision of the world’s people. A second attachment was granted yesterday by Judge Fancher at Supreme Court, Chambers, against his property, on application of Michael J. Quigg. Mr. Quigg sets forth in his peti- tion that he built the residence of Mr. Fields in 140th street; that $4,000 are still due him on the contract; that Mr. Fields has fed to parts un- known, and that he sees no other way of getting his money than through the process of an attach- ment. An order was granted yesterday by Jnuage Fancher, holding Suprewe Court, Chambers, direct- ing William R. Travers to appear and give his tes- timony before the referee appointed on the previous day to take the testimony of Horace Ff. Clark and Augustus Schell, to be used on the mo- tion to vacate the order of arrest against Jay | Gould in the Erie Railway suit or to reduce his | vail, The motion, as will be remembered, Is to be heard on Moniay next. The examination was continued yesterday, be- fore Judge Fancher, at Supreme Court, Chambera, in regard to the circumstances under which Alfred E. Lagrave was arrested by Special Detective James Mooney tn France and brought to this coun- try, It was shown that Lagrave was brougnt here ander authority of the French government upon a requisition from the United States, approved by Minister Washburne., On Friday the examination will be continued. Application was made yesterday before Judge Fancher, holding Supreme Court, Chambers, to punish a party for alleged contempt of court, in falling to pay alimony to a wife from whom he had ween divorced. No decision has yet been given, but from the report given elsewhere it will be found to possess some peculiar as well as interest- ing features. In the Supreme Court, General Term—Judges {ngraham, Leonard and Larned on tae bench—a hearing was had yesterday in the case of Abraham Greenthal, on appeal from the verdict in the Court of General Sessions, sentencing him to State Prison jor five yeara. The Court, after hearing the argument, reversed the judgment of the sessions, and granted him a new tria’. THE OLD TAMMANY RING FRAUDS. —---—-—— The Case of William M, Tweed Again in the Courts, but Not Upon TrialeFresh Motions for Delay—Argumcnt of Couns seleThe Case Pat Off for the Term. ‘The criminal suit, or rather the one of the crimi- Mal suits against Mr. William M. Tweed which has been adjourned on ove cause or another in the Court of Oser and Terminer several times, came up again yesterday before Judge Brady in the Oyer and Terminer, Mr, Tweed's counsel—Mr, Field, Mr, Follerton, Mr, Knox and the 8. Bartlett— ‘were present early and in close c ‘ersation, and soon afterwards Mr. Suilivan, Mr, Tremain and Mr, Peckham, counsel for the prosecution, came in, Mr. Root and Mr. D. D. Fiela completed the array | of counsel for Mr. Tweed. Mr. Tweed himself was | also present. THE BIG INDICTMENT. When Judge Brady came in Mr, Fullerton re- culicd the fact that (yg recoguizane: on the “big? | legal Vitality. Jn this convection it Ww. NEW YORK HERALD, WEDNESDAY, NOVEMBER 27, 1872.—-TRIPLE SHEET. indictment was géturnable in the December term. | He had suppose’ that that indictment was not to be tried until the December term, Mr, Tweed not being bound to appear until that time, Mr. Tweed had appeared on the previous motion, under the impression that it was the “forgery” indictinent under which they proposed to proceed; but there Was ®real misunderstanding, and the counsel have | ing been very busy in preparing papers very Yolumnous in the $6,000,000 civil suits, were, he | thought, justified in ingisting on this Inisupder- standing a3 a reazon for not trying this case. Mr. 'Tremain insisted that a week ago Mr. Tweed | and his counsel had fully understood what case was belore the Court; that the terms of the recog. nizance being in the ordinary form had not misled the defendant; that the de- fendant hed been allowed all reusonable privileges, having been given last Tuesday a whole week to decide what course he would take, had been ailowed to make a motion entirely out of order to avoid delay, and that the present motion seemed to him merely for delay and a trifling with the Court. Mr, Fullerton repelled entirely the idea that he was trifing with the Court, and dia not propose to take the technical advantage that the defendant did not appear, but they had notified the prosecu- tion of the objection on Satnrday. Mr. Peckham said that they had notified the detence of their intention to go on, Mr. Fullerton did not deny this, but claimed that they had the right to go on, and whatever the cus- tom ot the District Attorney’s office migiit be it could not be bindlog on the Court or the defend- ant im face of the direct words of the recogni- zance, District Attorney Garvin cited Real’s case, where the “next term’? was not held to exclude other rms, Counsel for Tweed had argued the case, and in it the question was whether a trial by a Court of Oyer and Terminer at a subsequent term to the “next” was valid. Mr. Sullivan reminded the Court that in the Stokes case a similar question had arisen and been decided |» the way the prosecution had desired, Defendant's counsel replied that in that case Mr. ; Young haa been the mouthpiece, but Mr. Sullivan he judge. Judges Grady said he had then a good legal ad- viser, but the question of whether the defendant could be compelled to plead before the return day was too doubtiul for him to decide; that he must at once plead, The doctrine of waiver was not ta- vored in criminal cases, and he should not insiston the defendant pleading at this time. ANOTHER INDICTMENT, Mr, Sullivan said there was still another indict- ment to which no such objection could be taken— the indictinent against Mr. Tweed alone, Mr. Fullerton imsisted that they had had no notice of this trial. Mr. Sullivan said that they had given a general notice ofall the indictinents, Mr. Tremain asked whett it was necessary, when the prisoner was in art, to notify him, Such a thing wouid be a notice to leave the | country, | ‘The Court inquired what was the custom of the District Attorney's of Mr. Garvin replied his previous connection with relations to other of these Jerred the whole matte to his official superior, the Attorney General, who had pointed other gentlemen to conduct this ca. He had, however, conducted the mere {0 proceedings of the office, and the counsel for the | defence would bear him out that he had given them formal oti hat he should move all the in- dictgents against Mr. Tweed at this term, and had given them twice informal notice to the same effect, Mr. Peckham added that this being the case in | which the motion wes Made to quash the indict ment the case was actually in court, i} Mr, Field proceeded to controveit this, but was | interrupted by Judge Brady, who said that a: Monday would be the beginning of the Dee term, and only two working days would be iost, he concluded, there was some doubt in his mind, to adjourn the whole matter to that term. Mr. Pec! iu thereupon gave formal notice in open court that on the first Monday of the Decem- ber term the prosecution would be Rt to pro- ceed. And so another breathing time has been Braniea to the ex-Buss before he can be put upoa trial. t he had, on account of MY. Mall and his gentlemen, re- ap- | nal IMPORTANT CASE IN BANKRUPTCY. nd The Colambian liectal Works in the Courts=The Power of a Corporaiion to Convey Its Personal Property—Auleged Fraud and Collusion—Opinion of the Court. Yesterday Judge Biatchford gave his decision in the case of James H. Moran, as assignee in bank- ruptey of the Columbian Meta! Works, vs. David Strauss, Francesco Bianchi and Robert ‘thompson, This was an action in equity by an assignee in bankruptcy against the defendants, who composed | the form of Strauss, Bianchi & Co., merchants of | this city, to set aside a mortgage given to them by the Coluinbian Metal Woiks, the bankrupt, on the ground that the mortgage was obtained by traad | and collusion, DECISION OF Tih COURT. Judge Blatch ord states that in this case he has | come to the following couciusion :— The petition m bankruptey having Leen Med Mareh 19, peared to oppose, | Through the bit of | son for sus 180Y, the titie of the assizne * back ¢ y made on the nd vord, as being general creditors of can mmpeach it. The hol consented to the mortgaxe shares belonged to Pirsson as finally Vawitlly y had uw of ‘Trustees in stich manner as ihey deciel for the best he company. mandi Tancl ¢ A sale of | ive shares on c N.C Man was & ireemar of Virs on and the bers of the Board of Trustees to the E and so the et + ne | t tbe counted amo t et ns. n owned only iwenty-eigh ¢ the (wo-thirds, if the sev ideration of the mortzage, so iar ed by the defeudants in good | as appears, was adv tuith and ‘went to the uses of the co mortgage is not impeached as Leing in the “bankruptey act. Construing the applying only estate, no con corporation to assign the patents. ents, They were assixned by and even ihough it be taken’ that they were really as: signed only as secrrity, yet the corporation hal power by law to convey .{ personal property, which power in- clues the 4 transter as security. eyance because itis he léss, unless the less The suit to set aside the ly cannot be maintained, but it inust be regarded as, together with the letters patent assigned, a , it any. as the corpo- ta when ihe morigage Was giv eieuidants pai h of the mortgaged pi ful Whether such m with interest, excec the proceeds oi the moi erty and ‘ol the patents, the amount due to the de- | fendants must be ascertained on proof. W. H. Arnoux for the plaintit, J, M. Van Cott Jor the deiendants, to a merigage nt was necessary Ov separate instrum luded. orporatic | and the patents. | THE CASE OF ABRAHAM GREEN- THAL. Conviction of Dateaiey: from the Person— | Heaxing Before the ‘Supreme Court, General Term, Upon the Appeal from the General Sessions Verdict—iteversal of the Previous Judgment aud the Prisoner Granted a New Trial. On the 26th of last November Mr. Arthur C. Taylor, a bookkeeper in the employ of A. 8S. Barnes & Co., drew $250 from bank and in passing threugh John street on his way back was jostied by a stranger and in amoment afterwards discovered bis money gone, which he had placed in his outside overcoat pocket. The stranger rushed into a store and Mr, ‘Taylor followed lim, Two packages of the stolen money were found on the counter of the store, but | $100 disappeared in a manuer that is still pro- | nounced unaccountable. Very naturally Mr, Arthur | jamped to the conclusion that this ‘jostling stranger was the person robbing. The latter was well dressed, of unmistakable gentlemanly appearance, and no one couid possibly be more demonstratively polite or put ob @ More seemingly astonished and imnocent air. But we will not go over alt the details of a story that bas already vcen published in fuil in the HeraLp. This stranger was arrested and proved Abraham Greenthal, alias Abraham Green, “TNE GUN and other aliases too mimerous to mention, In course of time he was indicted, tried ia the Court of General Sessions. convicted and sentenced for five years to state Prisom Mr. William F. Howe, his Counsel, Was not satisded With tis result and essayed a grand flank legal movement to save bis clicnt. As tie report below shows he has been eatirely suecessiul. This flank movement was to appeal from tie verdict in the Geneval carry the case before the Supreme Cour Term. The case came Up foi a hearing inthis Court before Judge and Larned, ARGU: It was insiste: BRAL' yesterday lugiaham, Leonard NT OM THE APPEAL. Mr. Bowe that (ve proceedings ice, Lecause con- egal jury—a snized into | urged that | ¥ Was tried | nelled, they | eled jor th t this trial ducted by tit nt dead jnry; a jury which cannot be gal the petty jury be.ore whom the pris had no legal right to sitor be emp ping apetty jory called end empa' overnmber term of the Court; ti deprived of those challenges on that panel the prisoner had been illegally tried and convicted, and that therefore the whole proceedings were null and void, A further point was that there was nos even @ court to commune with on the day of the prisoner's trial, Not only, it was insisted, had fhe Court no np to sitom the 4th of December. after the first Monday of December, but the jury snmmoned for December died, or became funclus oficio ov the morning of the first Monday of De- cember. The course pursued, it was cleimed, ex- posed prisoner to @ permanent, packed or pliant petit panel, NO REPLY AND WHY? Assistant District Attorney Sullivan, who ap- stated that he had looked exceptions, and as the Court had al nenay ruled upon the same point raised in the appeai trom the verdict in the case of Anne E. Burns, he thought it unnecessary to occupy the time of the Court by any formal response to the argument of counsel on the other side. DECISION OF THE COURT. Judge Ingraham, who pronounced the decision of the Court, said that any opposing argument was unnecessary, and in accordance with its previous ruling in the Burns case ordered the judgment of the Court of General Sessions to be set aside and a new trial to be granted to the prisoner. THE LAGRAVE CASE. Continuation of the Examination—Who Paid the Arresting Detectives’ Ex- penses !—Letter of Minister Washburne. A further hearing im the case of Alfred E. La- grave, charged with defrauding a large number of merchants of this city and then decamping to Europe with the proceeds, where he was a few weeks since arrested and brought to this country, was had yesterday before Judge Fancher, of the Supreme Court, As on the previous occasion there was a large retinue of counsel present, Assistant District Attorney Sullivan appearing for the people, Mr. Hookstaver for the Sheri, Mr, Tutt ler for the creditors, and ir. Elbridge 'T. Gerry and Ambrose Monell for Lagraye, The EXAMINATION OF JAMES MOONEY, the private detective whe arrested Lagrave, was resumed, The Perens contumaciousness he de- veloped at his prior examination did not show itself, and his narrative went on with uninter- rupted smoothness, He related that in the pur- suit of Lagrave and his arrest he was acting simply in the interests of Lagrave’s creditors; that he ‘was employed by them to find Wwe and bring him back to this country, and that all his expenses, amounting to thousands of dollars, as well as compensation for his services, were provided by these creditors, It also appeared that durmg the time he was in Europe he wasin constant commu- nication with Duden Freres and Dambmann & Co., two of the creditors having houses tn France, as also brauch establishments in this city, who furnished him with money irom time to time as asion required, and ao gave him aj) the as- Stance in their power to find Lagrave. In an- swer to the question as to the authority upon which he arrested Lagrave he produced the fol- | lowing LE! OF MINISTER WASHBURNE ?— L ras Unis, Parts, Oct. 1, 1872, The und er of the United States in ris, ere thor ed fo receive f to take y AL ment on de- ted Starter. B. WASHBURNE, AMINATION OF CREDITORS. At the con sion 01 Mr. Mooney’s testimony sev- eral of the creditors were examined, Their testi- mony showed that they had subscribed to a gen- fund to senda detective aiter Lagrave and jug him to this country, The further hearing was adjourned until eleven A.M. next Friday. ALIMONY IN A DIVORCE SsvIT. A Little Legal Difficulty About Payment of Alimony—Application to Punish for Alleged Violation of a Court Order, A rather singular motion was made yesterday in Supreme Court, Chambers, before Judge Fancher. The motion was to punish for contempt Henry Moulton for alleged disobedience of an order of the Court in failing to pay alimony to his wife suc- ceeding 2 decree of divorce, ONE SIDE OF THE STORY. It appeared from the statements of Mr. Dixon, counsel of Mrs, Caroline Moulton, on whose behalf the motion was made, that in 1860 she obtained an absolute divorce from Henry Moulton, her hus- band, on the ground of adultery; that Of'granting the decree of divorce the Court ordered him to pay her $050 yearly as alimony, and furnish security five years advance for its’ payment, and that the payment of the alimony was regularly made till August last, alter which'time Mr. Moulton refused tomake any further payments, He insisted that upon this state of fxcts an attachment should issue against Mr, Moviton, and he be imprisoned for contempt of coui ‘THE OTHER SIDE, sing counsel, Mr, Eldridge, gave as a rea- pension of payment o! alimony that Mr. Moulton not long since discoveyed that-Mrs. Moul- fon hod mari n about four years ago, and that on this account, acting under advice of coun- |, had stopped the payments, It was he who is advice, and he went on to say that before it he sedulously overhauled all the legal o3 Within his reach and found nothing laid he books compelling. the continuance of The opp authori down in Y paying alimony to a wie after her remarriage. RE OF BOTH STORIES. jied the statement of there having ¢. Mrs. Moulton was living y and stood in need of this ‘ldridge said that the statement to him was Moulton had remarried; that her hus- siness; that she had a hand- f her own and stood in no He added that since the need of this alimony, | trial the pecuiiary circumstances of Mr. Moulton hat he was not worth the $ , and, in short, he was unable longer to pay the alimony. ‘the Court Look the papers, reserving its decision, THE ANDRIE WIFE HOMICIDE. Conclusion of the Case After A Week’s Trial—Jadge Wedford’s Charge to the Jury=—They Are Locked Up for the Night—Anticipated Disagreement. At the opening of the General Sessions yesterday Emil Andrie, who for the last week has been on trial for shooting his wife, was placed at the bar. Counsel for the defence read a number of points, which the Court was requested to charge. Judge Bedford having ruled upon them, he proceeded to charge the jury as follows:— JUDGE BEDFORD'S CHARGE. GenxtTLeMeN oF Tux Juny—Emil Andrie stands indictea for sourder, being charged with having, on the Ith day or June last, shot his wite, Leonie P. Andrie, in the neck, causing alinost ins tdeath. In order to establish the guilt of the prisoner the people have proved substantially that on the said 1th day of June the deceased was seen running th ris rafterher. As she jumped trom the sidews t the prisoner caught her by the and at the same time discharged a pistol, the con- tents lodging in her neck, causing death. The prisoner, as he stood by the deceased aiter the shooting, was heard to say, “My wie; me shoot her; me shoot her again if she were ali The theory, of the defence is insaniiy, being caused by the infidelity of the deceased. It is unuecessary for me to recapitulate the testimony, The case has been most ably and very theroughly summed up ie ounvel, and itis theretore tresh in your minds, It will sufficient for me to call your attention to the law applicable to this case, and it will then become your duty to render verdict in accordance with truth’ and justice. Before you acquit the prisoner you must be thoroughly convinced that atthe time the prisoner fired the pistol and killed the deceased he then and there was in such a frame of mind as not to be able to distin. guish right from wrong—that he was laboring under a delusion—that he did’ not know the nature of the act he was committing, or if he did he did not Know that it was Re then it necessarily follows th irresponsible, and you must acquit ih “on the “other hand. you should, tind that the prisoner at the time of the killing was not labor. ing under a d@lusion, and was in such a frame of mind ‘as to know that the act he committed was unlawful and provi at the time he discharged ceased, he did so wit the death of the decense $01 the pistol the premeditated design to effect . If you find from the testi- tthe time, and that the 1 without a premed. dangerous weapon, ble, her fustiflable nor excusal then you should convict of manslaughter in the third de: gree.” If you have any reasonable well founded doubts arising upon the evidence such doubts belong to the prisoner, and you should give him the benefit of them and ncauit hii. It, however, you have no such doubts, and fin rT was, at the time of the killing, sans and responsible, and that the killing was accom with premeditated design to effect the death of the des ecased, then, you owe it to yourselves and to the law- abiding eitiztins of this community to ileciare promptly and emphatically that the prisoner at the bar is guilty the wurder of Louise P. Atrios 8 Ne OMt guilty of ‘The jury retired at twelve o'clock and, after be- ing out an hour and a half, returned tothe Court requesting the Judge toread to them the defini- tions of mansiauguter in the first and third de- grees. THE VERDICT, ‘The jury having agreed upon a verdict at nine o'clock Judge Bedford promptiy responded, and was in Court half an hour alterwards, In the absence of Colonel Fellows Mr, Sullivan represented the people. tr. Sparks, the Clerk of the Court, put the usual juestion, whether the jury had ayreed upon a ver- ict, and the foreman responded that they found Andrie guilty of manslaughter in the | third degree. It was understood that ten were for that grade of homicide and two for murder at five o'clock; but, probably, the prospect of being locked up for the’ night induced wo “obstinate” jurors to compromise their etlons and upon a verdict. Charles Brooke, Who managed the defence with great ability, moved @ postponement of the sentence till to-day. My. cnilivan did not oppose the motion, and ac- covdingly Judge bediord remanded the prisoner. taking place in December tiey Were — entitied to a vil panel of jurors summoned for the December term: th having been Jt would seem from this verdict that the jury | Ignored the defence of “emotional insanity’ and stultified themselves by finding a verdict of a low grade of homicide upon the most convincing proof of deliberate murder, provided the prisoner was sane when he shot his wife. BUSINESS IN THE OTHER COURTS, pA SUPREME COURT—CHAMBERS. Decisions. Before Judge Fancher. In the matter of the petition of James B. Broad to vacate assessment for repairt Forty-six street.—Motion to vacate assessment gravted. In the matter of the petition of Netta Deutsch to pate assessment for repairing Leonard street.— ame, Ta the matter of the application of William Rothschild for leave to sell, &c.—Report of referee confirmed in all respects, except as to the $650 deposited in the Market Savings Bank. owhey vs. Downey.—Motion for alimony and counsel fee granted. Case rete! Tred. ‘Thomas Mears vs, George T. Gilbert.—Motion de- nied with $10 costs to abide the event. Goold Hoyt et al. vs. Mary H. Sanger et al.—Re- Port of referee confirmed and order granted that defendant pay the plaintif’s claim and costs out of any assets in her hand as administratrix. Lichtenstein vs. Lichstentein.—Attachment or- dered to issue, &c. Penfield et al. vs. James et al.—Motion to substi- tute a new referee granted, who is ordered to pro- ceed to sell, By Judge Barrett. Willlam 0. Carsons vs, George Murray et al.— Order settled. By Judge Ingraham. In the matter of the petition o1 William C. Dickel to vacate assessment, &c.—Case settied. Motion, papers and opinion must be filed with the clerk. SUPERIOR COURT—SPECIAL TERM. Decisions. By Judge Curtis, Louis Bamberger vs. George Hibbard.—Motion denied, without costs to either party. The Marme National Bank vs. Ferdinand Stoer- sil.—Order granted, COURT OF COMMON PLEAS—SPECIAL TERM. Decisions. By Judge J. F. Daly. Maler vs. Hornann.—Motion granted, Milessa Forman vs. Schuyler B. Forman.—Report confirmed and divorce granted. Troxell vs. Haynes.—Order settled, COURT OF COMMON PLEAS—SPECIAL TERM—PART 3, Iu consequence of the case of Lowenbein vs. Schermerhorn extending into this day (Wednes- day), no other cause wil! be taken up this term, Jurors and counsel are therelore discharged, suse Larremore will charge the jury this morn- the above-named case, MARINE COURT—SPECIAL TERM AND CHAMBERS. Decisions. By Judge Tracy. Ellen McKnight vs. Ann Hughes.—Motion to vacate order denied, Sarah Prassaars vs. John W. Mudgett.—Motion to vacate order of arrest denied, Joon F, Duerholz vs. James Lakey.—Motion (ee Sy |. H. Geraty and Another vs. Martin Oakley.— Order settled, COURT OF SPECIAL SESSIONS. Before Judges Cox, Coulter and Shandley. Court did not open yesterday morning until eleven o'clock, but, fortunately, the calendar was more than usually light. The first case called was that of Rosanna Wilson against Samuel Whiteford ior assault and battery. Rosanna’s countenance presented a pitiful picture, both eyes bloodshot and discolored and the left side of her face frightfully swelied as though she had just emerged from the pugilistic arena. She said that all she wished was that Whiteford, who bore the relation of husband to her, should keep away in future. He was sent to the Penitentiary for two months. The case of Bernard Blumeberg against William Cotterrill was then called. Blumeberg isa Jew, of suave manner, and came rapidly to the stand as his name was called, but proved the wrong man. He said he was subpeenaed, but that, although he had notaing to testity and was at peace with all mankind, he felt 1t his duty as a good citizen to ap- pear. Cotterrill was remanded uutil the proper witness can be procured. Ambrose (©. Tanner is a watchman in Essex Mar- ket, and has been for a number of years, Thomas Duffy is also a watchman lately employed there. Since the advent of Mr. Dutty ili-teeling nas existed between the two, and Tanner was lust week ar- rested ut the Instance o1 Duly, charged with assault aud battery. Mr. Dutty swore that there was some dispute be- tween them about shutting the door; that Tanner struck ium over the eye, aud, though no marks are apparent, he claims that his organs of vision have been sore ever since. Mr. Bogart, ior the defence, asked him if he was sure he was hit, or only labored under @ delusion to that eifect. Duty (excitedly)—Yes, sir; I was struck in a vio- lent manner—in a vioicut manner, sir! Counsellor Bogart—I don’t see any sign of it now. Mr. Duffy (turning to the Judges)—I assure you, gentlemen, iny eyes ran water tor three days. Counsellor Bogart—Did you not try to induce Mr. Tanner to strike you, and did he not reiuse be- cause he knew your object ¢ Dutly—No, sir; he struck me without cause or provocation. Mr, Tanner then took the stand in his own be- half, He is @ very respectable-looking man, of quiet demeanor; but, like the complainant, was, on tis occasion, Very Much excited, Being asked his name and his business, he suid:—1 have been a watchman in Essex Market tor five years; Duly has been there but about three weeks, aud has eu- deavored to annoy ine in every mauner possible ; the day we had a dispute he tricd hard and chal- lenged me to strike him, but 1 kuew too much; I never struck him. Witnesses as to character were produced, and Mr. 'fanner was tinally discharged. William Abrams was arraigned charged with as- sault and battery on ‘Thomas O’Donoug hue, au oil- cer ol the Fiiteenth precinct. Ofticer O'Dopougiue—On Friday, between three and four o'ciock in the morning, this man and anotier were coming down Sixth avenue, shouting and bawling at the top of their voices, thinking they were singin’. Itoid them to stop and not be disturbing decent people. ‘They crosse over to the other side of the Way, and I met them again at Tenth street, and I asked them what wey were doing and why they didn’t go home, With that he hit me in the mouth and knocked me down and jumped on the top of me, and then Officer Cot- ton came up and he wint to run off with himself and to strike me agen, Counse!—Did you not hit him with your club ? Oncer—I did when he went to lit me again, and perhaps it isin Believue Hospital he ought to be now. Counsel—Didn't you and OMcer Cotton have him under arrest When you struck him ? Officer—We did, but he wenc to break away from Cotion and to go lor me agen, and L didn’t want to be knocked down agen. OmMecer Cotton was tuen called, who substantiated O'Donoughue’s story. - Mr. Abrams was called to the stand and stated that he and a man named McQuade were returning from a wedding and were humming a tune; that the officer shoved lim in a violent manner and acted boisterously, when, in seli-defence, he was compelled to strike him. Being a butcher by oc- cupation he did not deem it worta wuile to retire, as it would soon be time to open, Abrams, who resides at 537 West Sixteenth street, was sentenced by Judge Coulter to ten days in the City Prisoa, A few minor cases were then disposed oi, and the Court then adjourned until Saturday next, TOMBS POLICE COURT. A Notorious Shoplifter Bagged—a Sweet- Toothed Burglar in the ‘oils. The Tombs Police court room yesterday pre- sented a more than usually dingy aspect, Cold, damp and cheerless within, the rain pattering without, the scene was dispiriting to the stoutest heart, so much so that even the veteran Justice Dowling was closely buttoned up ina heavy blue pilot overcoat, and the habitual drunkards seemed tofeel the dreariness and were not as merry as is their wont, but took their way to the dark ceils below wita despair written on their long visages and hope feft far behind. Early in the day the notorious shoplifter, Eliza Flood, was brought in by Detective Philp Reilly. Eliza 1s a tall, dark-Jeatured, but frosh-looking woman, well-kuown to the police as one of the most expert shoplifters in the city. Her fresh looks may be accounted for by the tact that she has just returned irom a two-years sojourn at Sing Sing. On Monday, aiternoon Eliza and a com- anion of her own sex entered the store of James jeCreery & Co., corner of Eleventh street and Broadway. She went through the diiferent de- partments, examined auy quantity of goods, and was making ber way out, when Mr. Alexander H, Jackson, connected with the house, noticed something for ae in her — movements, and — called he attention of Detective Philip Kelly. The latter had some _ slight acquaintance with the ily, and at once arrested her, He told her he was going to bring her to Headquarters. On the way down Broadway she passed hint a piece of serge—forty-six yards—which she found inconvement to carry so far. Arriving at Headquarters she was searched and her “working costume” thoroughly overhauled, pm result was the production of two scalskin sacques, One valued at $150 and the other at $135, and also a muff valued at $12. These articies, to- gether with the serge, gallantly borne by her es- cart, amounted in all to $345 in value, Judge Dowling held her in $2,000 bail to answer. A BURGLAR WITH A SWEET 4 About twelve o'clock Monday night Heute Bab- bage, a private watchman, noticed a window tn the rear of Robert A. Ridley & Co.'s confectionery establishment open, and called the attention of Officer Mead, of the Thira precinct. ‘Together they searched the premises, on. the second story of ‘the building they found concealed aman named John Morgan. ‘There was nothing for him to steal but candy, and it is supposed he helped himself to reple' He was arraigned before Justice Dow- ieee committed to answer in $1,000, the night of the 10th of November the premi- = Ee of ty William Di eek. Co., a uy , Were entered an wor ol wo chat night : nm that ni OMcer Stevens saw George Skelly solng through Staple street and chased him tothe roof of 46Thomas street, from which he made his escape by means of the fire escape. The oflicer has been on the scent ever since but failed to find him until yesterday, Justice Dowling com- bags ma hie in $1,000 to answer, ese cases were disposed of the damp, chilly chambers were evacuated. 4 JEFFERSON MAIKET POLICE COURT. Another Ph: of the Woodhall Libel. James E, Maxwell, who recently appeared asa witness for the defénce on the examination of Colonel James H. Blood, chargea by Mr. Challis with complicity in the Woodhull libel, was yester- pt brought up before the Jetferson Market Police urt on 2 charge of perjury, based upon afida- vits made by Mr. haiti” and 1 Tracy, clerk in the Hoffman House, Upon the examina- tion of Colonel Blood Maxwell testified to a practical admission igs Challis of the trath of the statements made by Mrs. Woodhull, upon which the complaint for libel is based, which admission he swore was made in the presence of Mr. Tracy and others. In their affidavits, upon which the Prevent warrant is issued, Messrs. Challis and at swear that no such conversation as Maxwell detailed nor any such admission was made, Mr. Bisgood, counsel for prisoner, moved to dismiss the Sompinths, on the ground that the alleged perjured testimony was not material to the issue being tried at the time. Without passing upon the point Judge Ledwith decided to hold Maxwell, as the examin- ing magistrate had held blood, upon the evidence given. Bailwas fixed at $3,000, Mr. George J, For- Test becoming Maxwell's security, COURT CALENDARS—THIS DAY, SUPREME COURT—GENERAL TeRM.—Nos, 44, 29, SurreMs CountT—Circuit—Part 1.—Case on, No calendar, Part 2.—No calendar till Friday, SUPREME COURT—CUAMBERS,—NOs. 118, 130, 131, 124, Cail 192, Courr or ComMON PLEAS—TRiaL TErm—Part 2.—No, 653, BROOKLYN COURTS. UNITED STATES COMMISSIONERS’ COURT. Liquor Dealers’ Tax. Before Commissioner Winslow. Five retail liquor dealers were held to answer yesterday charges of having failed to pay the special tax, They are W. Gerheus, of 210 Throop avenue; Julius Gottschalk, of 29 Debevoise street; Storme Reeves, of 51 Broadway; Timothy 0’Connor, of 825 Clason avenue, and Lance Werner, of Stapleton, Staten Island, SUPREME COURT—SPECIAL TERM. Brooklyn Refinery Company’s Litigation. Before Judge Tappen. In the litigation between William A. Byers and others and the Brooklyn Refinery Company an injunction was obtained by the plaintiffs restrain- ing defendants from interfering with their posses- sion, The case was before the Court on motions for the vacating of the injunction, the appoint- ment of a receiver and for the punishntent of an alleged contemptuous witness. The first two motions were adjourned, and in the third decision was reserved, CITY COURT—GENERAL TERM. The Westfield Disaster. Before Judges Thompson and McCue, The judgments in the suits of the Widows Mad- den and Landers against the Staten Island Rail- road Company have been aMrmed by the General Term. ‘the verdict in each case was for $5,000, The decision of the appellate Court reads:—‘The judgment appealed from and the orders denying the motions jor new trials affirmed, with costs.’? Opimion by Judge McCue. UNITED STATES SUPREME COURT. PER ORGSS to A Case Under the Statute of Limitations— Reserved Lands in Iowa—Decisions by the Court—Intringements of Patent:s— Lobby Services Rendered the Old Bank of the United States—Adjournment for the Term. The WASHINGTON, D. C., Nov. 26, 1872. No. 224. Home Insurance Company vs. Huch- berger et al.—Error to the Circuit Court for the Northern District of IMinoi This was an action on a policy of insurance. There was no question of law involved, but only of fact, whether or not the insured had complied with the conditions of the | policy, issued on their stock of goods in Chicago, | uined in March, 1867, It was also claimed that no notice of the loss was given within the terms of the policy. Tre Court below gave the questions to the jury, and the verdict was lor the insured, ‘The plaintiif in error insists that the Court erred in its instructions to the jury upon these points and in refusing to give certain instructions asked, ‘They do not, however, cite any argument. The defend- ants in error file a brief setting forth the charge of the Court and rest their case upon that. Lyman Trumbull lor deiendants in error. No, 275. Pipes, Guardian, &c., vs. Wittenbarger.— Appeal from the Circuit Court for the District of Loutsiana.—The appellant brought a bill to re- strain by injunction the appeilee irom proceeding with an order of sale which he had obtained in the same Court in which this bill was filed against cer- tain lands 1n the possession of an administrator of the State. The question presented was, whether the claim of the appellee, being founded upon certain rd Oe notes, Was not barred by the statute of limitations, The Court found that, de- ducting the time of the war, the time ‘fixed | by the statute had not expired, and the decree was in his favor. The case was appealed, but the ap- pellant does not appear, and the appellee insists that the appeal wus taken merely tor delay, ana that under the rule of the Court in such cases damages should be allowed, T. J. Durant for appelle No, 278 Williams vs. Baker—Appeal from the Circuit Court for the District of Towa.—This was an action by the appellee to recover certain lands | in lowa, which, he claims, were reserved at the time of the act of May, 1856, mak- ing a grant of lands to that State to aid in the construction of certain railroads, The appellee derived his title from one of the rail- road companies which took title from the State, and the appellant derives his titie from the govern- ment. The question is whether the lands in ques- tion were within tue reservation, and whether the patent the State is a suM@cient title in tie ap- peliee. The Court below found in his favor, but it is ere maintained that the grant did nob extend to the region of country where his ‘ands are located, J. Cook for appellant, T. F, Withrow for appelice. No 282. Leary va. The United States—Appeal from the Court of Claims.—The ciaimants’ vessel was chartered by the government for service at Port | Royal in 1863, While there she was ordered out of port in bad weather, against the discretion of the owners, and was lost by reason of a collision with an old anchor sunk in (he harbor, By the charter the government wad to take the war risk and the owners to take the marine risk, and the claim for the Value of the vessel is based’ wpon the theory | that the government became the construc. tive uwner of the craft, and. the risk was of such an extraordinary character—being ordered by the officers of the govern- ment and taken under —compulsion—that it was taken out of the class assumed by the owner and became a risk of the government. The Court below found tor the government, and that judg- ment is hore affirmed, the Court saying that the possession end control of the vessel had not passed to the charterer under the decisions in similar cases, but had been retained by the general owner; and that, as the risk was a possible collision with a sunken anchor in the harbor, it was ap ordinary risk which every vessel must run which enters a harbor, and one which every marine policy covers. Mr. Justice Field delivered the opinion. No, 230, Rees vs, Gould—Error to the Circuit Court for the Western District of Pennsylvania,— This was an action brought by the defendant here to recover for an alleged infringement of @ patent for improvement in steam engines, The Court below ruled that, the combina- tion of mechanical devices used by Rees was so simflar to that covered by the Gould patent that the plaintiif could recover. The reverse was claimed here, and the Court sustain the theory, saying that new patentable inventions may consist entirely in a new combination of ingredients, whereby a new and useful result {8 obtained, and that in such cases the description of the invention is suMcient if the ingredienta are named, their mode of opera- tion given and the result obtained pointed out so that those skilied inthe art and the public may know the nature and extent of the improvement and what the facts are te to produc the described result. SP open ” ' Mr. Justice Clifford dehverea the opinion. No, 152, Kearney et al. vs. Drun et al.—Error to the Circuit Court for the District o1 Maryland.—This was an action of ejectment in which the questions were of @ technical character, as to the condition of the parties to the action, &e. The Court below held eat re spain or parses was such as to ive jurisdiction, and procee judgmen: Ghicti is here armed, > erth ‘e Mr, Justice Swayne delivered the opinion, No. 216, Oelrich et al vs, Hill et‘al.—Appeal from the Supreme Court of the District ef Columbia.— ‘This was a contest to obtain certain funds in the hands of one Wetmore, held tor the benefit. of James Hamilton, whose claim was founded on ser- vices rendered to the Old Bank of the United States in procuring certain legislation by Congress, The claimants were assignees of Hamil- ton, and the Court below found in their favor. The appeal alleged that neither Hamiiton'’s claim nor those under him were valid, as they were founded upon the consideration of his services to the bank, which were illegal, This Court sustains the view of the iin: and orders the decree reversed, un- Jess the allowance made below 1s remitted here,. In that case the decree may be affirmed. Mr. Justice Swayne delivered the opinion. 228. New Bedford and New York Steam Propeller Company vs. The United States—Appeal from the Court of Claims.—This was an action for the loss of the steamer Thorn, chartered to the govern- ment for a certain time, at a certain price, witha clause providing that, if the vessel remained in the service so long, after deducting the actual cost of running and repair and thirty-eight per cent profit on the appraised value ($40,000), the money paid on the charter should be equal in value to the estimated value of the vessel, then the steamer should become the property of the United Statea without further payment, except arrears for use. The vessel being lost before the money paid had reached such asum, the claim was for her appi na value. The Court below held that it was only the balance due under thé agreement on the price of the vessel, and not the aupralaed value, that could. be recovered. The appeal claimed that unless the garninge amounted to $40,000 there was no option to purchase, and the government was not tl ie fore entitled under the clause. This Court holds that the contract looked to the purchase of the vessel as claimed by the government, and affirms, the judgment below. Mr. Justice Strong delivered the opinion, No, 257, Starr, vs. Lamb et al.—Appeal from the’ Circuit Court for the District. of Oregon.—The Chief Justice announced the decision of the Court, aftirming the decree below. No opinion, The Chief Justice announced that the Court would on Tuesday, 2tith inst., adjourn for the term. ane nex regular term will begin on the iollowing jonday. COURT OF APPEALS. sera Decisions. ALBANY, N. Y., Nov. 26, 1872, In the Court of Appeuls, Tuesday, November 26, the following decisions were handed down:— Judgment affirmed, with costs—Ellis vs. Albany City Fire Insurance Company, Heath vs. Bannore, Marsh vs. Ellsworth, Sharkey vs. Keliy; No. 1, same vs. same; No. 2, Meeks vs. Brown; Consalus va, Maghee, Hart vs. Wandle, Brookman ys. Milbank, Johnson vs. Friet. : Judgment of the Supreme Court affirmed and pe absolute for the defendant, with costs— leyenbourg vs. Haynes. Judgment reversed and new trial granted, with. costs to abide event—Reid vs. Gannon, Mushlité vs. Silverman, ’ Order atiirmed and judgment absolute for the de~ fendant—Osborn, with costs; order reversed as ta the other defendants, and ) Judgment at Circuit alirmed, with costs—Bullis vs. Montgoniery. Appeal disinissed, with costs to abide the event of the action—Green vs. Rice. } Appeal dismissed, with oosts—Kirkland vs». Leary. ud Calendar This Day. ALBANY, Nov, 26, 1872. The following is the Court of Appeals day calen- dar for November 27:—Nos. 409, 434, 496, 867, 003, SU, 513, 516, \ MUNICIPAL AFFAIRS, BOARD OF ALDERMEN, The Proposed Reception to Mr. Stanley. The Board of Aldermen met at three o'clock yesterday afternoon, President Cochrane in the, char. 5 The communication from the Mayor, heretofore published, calling the attention of the Common Council to the propriety of tendering a public re- ception, on behalf of the citizens of New York, to Henry M. Stanley, in acknowledg- ment of the successiul termination of his hazard. ous undertaking in discovering Dr. Livingstone, was received, and a special committee appointed to take proper steps in the matter and report at the next meeting. \ A resolution was offered to pass, notwithstanding the veto of His Honor the ‘or, the amendment to the hack ordinance, permitting the hackmen to solicit passengers on the sidewalks and platforms of depots. The Board sustained the Mayor by re« fusing to pass the amendment over his veto, On motion the paintings in the Governor's Room,, in the City Hall, not Gea a 3 to the city, wero authorized to be placed on exhibition in the Metro. olitan Museum of Art. After the transaction of business of @ routine character only the Board, then adjourned, BOARD GF SUPERVISORS, This Board met at one o'clock P, M. yesterday. In the absence of the Mayor General Cochrane pre- sided, A communication was recelyed from the Trustees of the College of the City of New York stating that they require for the payment of sale aries of the professors and oMicers of sald college,’ for obtaining and furnishing scientific apparatus and books and supplies for the students therein and ail other supplies therefor, the sum of $150,000 for the year 1873; which was referred. x A resolution was adopted authorizing the Regis- ter to employ two draughtsmen, at a salary of $100, each per month. A resolution was adopted to pay the bill of Martin B. Brown, amounting to $1,452 45, for printing for, the several courts, A resolution was adopted to pay the following bilis for gas furnished the various courts and county offices :—New York Gaslight Company—From Feb- Tuary 1 to Hay 1, $3,277 60; from May 1 to — 1, $1,848; total, $5,125 50. A communication was received from Nelson K., Hopkins, State Comptroller, stating that, under & law passed at the session of the last Legis- lature, he incorporated into the State tax for the current year three and a half mills on a dollar of the total equalized valuation of the State debt or deficiency in the Treasury of some six mitiion doilars. * * On the 17th of May the Legisiature passed, another act in direct conilict therewith, * ‘The last- named act, having passed @ subsequent day, superseded and repealed uthorizing the vote on the funding of the t to be submitted to avote of the people of said election. He had un- derstood that vote had been cast at the recent election for and against the Funding act, and it 13 lar eied there may be a majority in favor of it; and f such shold be the case Mr. Hopkins is of the opinion that it is unconstitu- tional and void. The tax must therefore he levied and collected, Mr. Hopkins concludes that in view of the importance of the question he has submitted tie case to the Court of Appeals, Which was referred. A resolution was adopted appropriating $15,000 for the College of the City of New York for the valance of the current year, A resolu- tion was adopted assigning to the Fifth regi-~ ment N. G SN. Y. the rooms of the building corner of Ninth avenue, and Twenty- first street, and 261, 285 and 287 Ninth avenue and that the Committee on Ar- mories and Drill Rooms cause the same to be tin- mediately fitted up in a suitable and economical anner. ‘The Board then adjourned, THE BOARD OF AUDIT. The Board met at four o'clock P. M. yesterday, present Comptroller Green and all the members... ‘The following claims were allowed :—Hind, Nau- mann & Co., &c., for posters, &¢., and labor for various departments, $416 12; Abiel Mills, for hard- ware, $199 11; E. B. O'Callaghan, for preparing for the press the Ancient Records of New York, 5,000; Ds 1 others, for suppii . Hinshed, $90 24 “Tho folowing claleet rate als allowed on the and that the papers had no authority to publish tie advertisements charged. for:— College Review. Literary. Alb Red Flag. Total. The claims of the following newspapers were ullowed :— The Gazette Insurance Nat hice Gi New York Daily Bulletii National Quarterly Review. Irish American Adjourned,