The New York Herald Newspaper, November 30, 1872, Page 4

4 THE COURTS. ALLEGED MURDER ON SHIPBOARD. The Case of the Sailor, Edward Rich- ards—The Testimony of the Cap- tain—The Accused Held to Await the Action of the Grand Jury. THE ERIE-GOULD CASE. Auother Page from the Northwestern Wall Street “Corner”—Objection to the Ex- amination of Travers by a Referee— Interrogatories To Be Submitted and Affidavits Based Thereon— A Question of Practice— Decision Reserved, The Rogers-Donohue Murder in Brooklyn. Application for a Stay of Pro- ceedings---Rogers Sentenced To Be Hanged Next Friday---The Case To Be Argued To-Day. THE RUSSIAN BONDS CASE. Suit Against Baron Osten-Sacken, the Rus- sian Consul, for $300,000---Slander of a Title to Property---A Double Defence Set Up--- Not Doing the Act Charged and Acting Under the Instructions of His Gov- ernment---The Trial Postponed. THE NOONAN EXTRADITION CASE. Non-Arrival of the Affidavits and Charges from England—Application for the Prisoner's Discharge—Ad- journment of the Case Till Friday Next. ——_+___ BUSINESS IN THE OTHER COURTS. Summaries—A Oollision Oase—The Wood- hull-Olaflin Prosecution—Decisions, The cage of Martin 1. Sheldon against Baron Osten-Sacken, the Russian Consul, to recover $300,000, was to have come up in the United States Circuit Court yesterday before Judge Woodruff. It ls claimed by Mr. Sheldon that he was about to negotiate the sale of $300,000 worth of bonds of the Crédit Foncier Bank of Poland, when the defend- ant, as he alleges, published a statement to the effect that the bonds in question were probably a portion of bonds stolen from the bank and be- longing to the Russian government. The plaintii states that the Baron has slandered his title to the bonds, The case went over pending an applica- tion to cause the plaintiif to give a full description of the bonds in his possession. Another new phase was developed yesterday in the ten million Erle Railway suit against Jay Gould. It came up in the form of an objection to the ex- amination before a referee of William R. Travers, preliminary to the motion to be heard on Monday next to vacate the order of arrest against Gould or reduce his bail. The subject was argued at length before Judge Fancher, at Supreme Court, Chambers, though the argument was mainly of a technical character, having reference simply to a question of practice, After hearing the argument the Judge took the matter under advisement, promising to-day to render his decision. An effort is being made to save from the gal- lows Henry Rogers, recently convicted in Kings county for the murder of Officer Donohue and sen- tenced by Judge Gilbert to be hanged on Friday next. Application was made yesterday before Judge Fancher at Supreme Court, Chambers, for a stay of proceedings in the case, and the Judge an- nounced that he would hear the argument to-day. Yesterday the counsel on both sides in the case of George Washington Bowen vs. Nelson Chase at- tended before.W. K. G. White, Clerk of the United States Circuit Court, for the purpose of striking a jury to try this cause. Reporters were excluded trom the proceeding. The list of jurors trom which the jury is to be struck has been reduced to twenty-four names, and these will not be given to the press in an official manner until the jurors who are to try the case have been summoned, Fadward Richards, a native of St. Helena, was ex- amined yesterday before Commissioner Osborn on a charge of having fatally stabbed Alexander Moss, # sailor, on board the brig F. H. Moore, of Boston, on tho 24th of July last, on the high seas. After the evidence of the captain had been taken the Com- missioner committed the accused, to await the action of the Grand Jury on an indictment for man-, planghter, Woodhull ana Claflin, who are charged with send- ing an obscene publication through the mail, and who are at present in jail, yesterday tendered bail for their liberation before Commissioner Shields. If the bail is approved by the District Attorney the accused will be let out of prison immediately. Denis Noonan, who is charged with forgery at Cork, Ireland, was to have been examined yester- day belore Commissioner Osborn, under the extra- dition treaty with Great Britain, but, owing to the non-arrival of the depositions, the case Was again postponed, Yesterday Paul Falk, who is the owner of a beer garden in St. Mark’s place, and has been recently arrested for selling liquor on Sunday, appeared be- fore Commissioner Shields on a charge of carrying on the liquor business at 99 Greenwich avenue without paying the special tax required by law. He was discharged on his own recognizance to come forward on Monday for examination. Arumor prevailed in the United States Courts yesterday that the firm of Weld & Co., of Bos- ton and New York, the great sugar importers, had compromised, or agreed to compromise, with the government In the suit pending against them in the District Court, before Judge Blatchford, by & payment into Court of $120,000, It will be re- membered that this suit, when tried here over a yoar ago, resulted in a disagreement of the jury. ‘The cause was brought for alleged violation of the Castoms laws, In the collision case of the propeller Galatea and the barge Reading a number of exceptions were taken to the report of Commissioner Betts. These were all overruled yesterday by Judge Blatchford butone. That was taken to the valuation of the coal which comprised the cargo of the Reading, ana for the recovery of which the libellant had faiied to take any measures. MURDER ON THE HIGH SEAS, Helena Charged with Boara A Native of ptain=The Accused Held to Await Action of the Granda Jury for M NEW YUKK HERALD, SATURDAY, NOVEMBER 30, 1872—TRIPLE SHERT. muraered Alexander Moas, a sailor, on board tno American ship F. H, Moore, of Boston, on the 24th of July last, by stabbing him with a knife, Mr. De Kay conducted the prosecution on the Part of the government, and Mr. Mott was counsel for the accused. TESTIMONY OF THE OAPTAIN, G, W. BASSETT. Mr. De Kay, having stated the case, called George W. Bassett, who deposed—I am master of the brig F. H. Moore, of Boston; she is an American ves- sel; the defendant shipped on board my vessel in April, 1872, at St, Helena, as foremast hand; I know Alexander Moss; he shipped at the same time; he lost his life op board my vessel on the 24th of July last; we were then on the coast of Africa; I knew that Moss and the defendant were the best of friends before the occurrence took place; @ report was made to me that a man was stabbed forward ; this was about one o'clock ; | immediately went forward and saw Alexauder Moss in the arms of two or more men, passing him out of the forecastie; one of the men, I think, was John Henry Francis; as they brought out Moss I saw bh spurt from his mouth and nose; John Watson pointed out Richards, saying, as nearly as I can recollect, “There is the man that stabbed Moss ;’! Ltold my mate to put Richards in irons; the wound was over the left lung, in the breast; I tried to staunch the wound, but could not; the man died in halfan hour after I first saw him, ~ Q. While Richards was there was anything said about the weapon with which the deed was done? A. No; the knife was brought to me while | was holding the man's head; it was paased up from the forecastle and tendered to me, but i did not take it; [told one oi the officers to take it (produces the knife) ; Ihave had that knile in my possession until | gave it to the American Consul; I have seen @ number of meu on board using that knife; Lhave Seen Moss and Richards use it; 1 have never seen ‘another knife on board like it; there was very li'tie blood on it when it was given to me; it showed more after. The knife was then offered in evidence, Qounsel for the prisoner objected, as it was not proved to have belonged to the prisoner. The Commissioner received the knife in evidence, as a tact in the case, Q. Did you have any conversation with Richards about this adair? A. Yes; in about ten minutes after the man dicd I went to Richards, on the poop deck : he was then in trons; I said, ‘Richards, you have done enough to last youa lifetime ;”" he sisid, “Spare me, Captaim, spare me; 1 know I did tt, but I never meant to do it; Idon’t think I have spoken to him since; I spoke to him in English; he oat English and is an English subject—a native of St. Helena; Moss was a native of St. Helena and an English subject, too. It was admitted by counsel on both sides that the prisoner was arrested in the Southern District of New York. Counsel for defendant submitted there was no evidence to show that the prisoner stabbed Moss witha knife. All the evidence on that point was the man’s own admission that he did it and was sorry for it. It was pure accident. If he commit- ted the act designedly it would be murder, The Commissicner said that in a case of pre- Uminary inquiry it was fur him to say whether he would hoid the defendant for murder or man- slaughter. Mr. De Kay remarked that the evidence showed that a crime had been committed, and if the coun- sel did not sum up the case he would ask the Commissioner to commit the prisoner for man- slaughter. The Commissioner observed that the prisoner could not set up that he had committed no crime by saying that he did not intend to commit it. The prisoner was then committed to await the action of the Grand Jury on a charge of manslaughter. JAY GOULD AND THE ERIE SUIT. The Examination of Mr. Travers Pre- liminary to the Motion te Vacate the Order of Arrest Against Gould—Free and Easy Talk of Counsel—-Who Got Up the Corner in Northw rnLati- tudinary Fishing Excursion Extraere dinary. In accordance with the usual programme in suits with which Jay Gould is connected, there are al- ready developing motions and counter-motions and prolonged preliminary wrangling of opposing counsel in the late suit brought against him by the Erie Railway Company to recover some ten million dollars claimed to have been wrongfully taken by him while having the Management of its affairs. The last legal move wasa motion made yesterday before Judge Fancher, at Supreme Court Chambers, to vacate the order of reference previously granted to ex- amine Mr. William R. Travers in relation to the re- cent corner in Northwestern in Wall street, the allegation being that the arrest of Mr. Gould was effected at the instance of the Erie Railway Com- pany, and was itself a part of a stockjobbing opera- tion, which facts are known to Mr. Travers, and testimony regarding which it is sought to elicit from him, The motion was made on the original aMdavit on Which the order of arrest was granted, on the letter to Mr. David Dudley Field of Mr. Barlow, setting forth the conditions on which Mr. Trav ers was will- ing to make the required aMdavit and the stenog- rapher’s report of the conversation between the opposing counsel at their meeting for tho purpose of examining Mr. Travers. As all this has already been fully published in the HERALD and is still fresh in the public mind it is unnecessary to more than allude to it. For Mr. Travers there ap- peared Messrs. Larocque and McFarland and for Jay Gould Messrs. D. D. Field and M. A. Beach, The argument, as will be seen by the report below, was wholly of @ technical character and with scarcely any reference to the merits of the case, ARGUMENT OF MR. LAROCQUE. Mr, Larocque opened the argument for the motion. He began with the reading o1 the affidavits of Messrs. Travers and Bariow, which have already been published; such atlidavits simply setting forth what occurred upon the application made to Mr. Travers for his aflidavit regarding his proposed examination before the reieree appointed by the Court. With regard to the legal aspect of the original order he insisted that it was improvidently granted, and that the same would not have been granted at all if the Court had given that examina- tion to the application which the burry of business in the conrt at the time prevented. The only ground, he urged, for claiming the order to examine was on that clause of the code (section 401) authorizing | an examination in case of a refusal to make an amMdavit. No euch refusal had been given in the present instance. Mr. Travers had even offered to answer any questions put to him tn writing, and if these were not satisfactory to answer a second lot of questions. It was not proper, and the code did not allow a man to be made the subject of a roving commission, the redl object of which evidently was an inquiry into MR. TRAVERS’ PRIVATE AFFAIRS and upon subjects immaterial to the points at issue. In this connection the opinion of Judge Ingra- ham given in a suit of James Fisk, Jr., against the Chicago and Rock Island Railroad Company was cited. After commenting at some length upon the leading points embraced in this opinton, he urged further that ina suit to recover money alleged to have been misappropriated James Gould sets up by way of defence a release from the railroad com- pany, and upon this claims to be absolved from any | legal action, and also sets up that certain persons connected with the plaintifY and interested in the suit had been interested in an attempt to get up a “corner” in Northwestern, with which the defendant had been connected. What the other side sought was that Mr. Travers, without the attendance of his counsel, be examined he subjects appertaining simply to his private af- airs, RESPONSE OF MR. BEACH, Mr. Beach replied on behalfot Mr. Gould. On this motion it was not his intention to go into the merits of the suit on which the order of arrest was granted, When the case came up for argument on Monday next, the day assigned for hearing it, he would do h so then, and the probability was that he would say some things then which would not be altogether agrecable to the other side to hear, The Court, he insisted, had been imposed upon by the ty de sion of material facts when it granted the order of arrest. The order was endeavored to be obtained with an amount of bail which it would have been wholly impracticable to obtain. He charged this attempt upon Mr. Travers. He next took up the subject of the release obtained by Mr. Gould. The Gee proceedings, he insisted, were brought for he purpose of furnishing a CLOAK FOR JOBBING AND GAMBLING SPECULATIONS in Wall street. Upon the case coming u; day for a hearing he confidently expecte: Court would vacate the order of arrest agali Gould. It would be a singular proceedii were compelled to submit written questions, which Mr. Travers should have tue privilege of con- sidering and dec.ding by himself or through hia counsel whether they were rT tinent or not. This method of examina- tion would accomplish no result. They had con- sented that the examination should proceed in the presence of Mr. Travers’ counsel, who should decide on the materiality of the questions asked; but to this Mr. Travers would not consent, They had no desire to pry into any one’s private affairs, He asked that the Court, if it deemed it necessary, should modify the order to examine, #0 as best to insure the ends of justice, WHAT Mi. FIELD HAD TO say. Mr. Field, also appearing for Mr. Gould, reiter- ated the altegations Of his associate counsel, that they were not secking to got at the private amairs of Mr, Travers. Before Mr. Travers and his Pg they had distinctly disavowed any such desire, which the other side, he claimed, had evidently made the basis of t! argument, having been habitually disregarded by the Judge not cay of this district bat ot all the State, Under it, all they would have to do would be to present a prepos- Yesterday Edward Richards was examined be- fore Gomumissioner Caborn on @ charge of having terous aMdavit to the proposed witness and get his refusal, The witnes# might continue to make | corrections till there would be no end to it and no Conclusion ever reached, He referred to Judre Robinson's opinion and several other authorities, laying down the respective duties of referees and Witnesses, They could never discover beforehand what a man would say, He wished to hear if ¢he law was too oppressive, and if Mr. Travers was too largoa man to be brought Within the scope of 1ts provisions, The question Was one 0i the fairness or unfairness of this order Oo! arrest, und Mr, Travers had not shown that readiness and irankness that seemed to him to re- gion tie defendant to waive any right. Mr. ‘avers was sate in the referee's office, and all they wanted was hs aftidavit, MR. M’FARLAND ON THE MATTER. At the conclusion of Mr. Field's argument Mr. McFarland took > the cudgels for Mr, Trav- ers, He insisted that the interpretation given to the statute under which the ex- amination of Mr, ‘Travers was asked, and the manner poposed for the conduct of the ex- amination, were derogative of the rights of the citizen. According to this interpretation anyone mabe be culied to make an affidavit jn a case to which be 1s no party and in which he has no pos- sible inte:e=t. The law rightly interpreted intended to pee around the citizen every possible safeguard a8 to his private righ: ‘The wi he other side wished to conduct this examination made it nothing more nor less than a general inquisition. Tho law did not intend to place the rights of the cltizem in any such peril. ie mode of procedure contemplated, he urged, would lead to the grossest abuses and : DANGEROUS INFRINGEMENT OF PRIVATE RIGHTS, In applying for an afidavit it should be known what fact or facty it was sought to establish. There should be some well-defined idea of some material fact. He submitted that there must be a reiusal tirst to make an aftidavit, which, he alleges, was not the case in the present instance. In this mutter they proposed to stand on their legal rights, They did not intend to be deprived of them any pretence put iorth by Mr. Gould, proposed to ask no such favors and neither to waive = of their rights, Touch- ing the merits of the controversy, all he had to say was that they would be attended to when the proper time came. It would thus appear who the speculators in Northwestern were. This, however, he claimed, had nothing to do with the suit of the Erie Railway Gompapy to recover some ten mil- lion doliars from Jay Gould. It was no matter to the present inquiry who formed the Wall street pool. ‘the object of his clients was sinply to recover the millions of which they had been robbed, He perfectly understood the object of the other side, It was simply a GENERAL LATITUDINARY FISHING EXCURSION. It would not help the matter as regarded the pres- ent suit to ascertain whether Mr. Travers was largely short or not of Northwestern stock. He claimed that they were entitled to the order of ar- rest to the uttermost farthing. As to this clamor about Travers they cared nothing. Their object was to prosecute their honest right. They did not care who made money and who not. The evident object of the defendant was to escape under the aroma of stock speculation. That would not do; the time for such things had gone by—gone by he hoped for- |. ever. As to the alleged release obtained by Gould, eae only one of the numerous tricks by which 18 NOTORIOUS SCOUNDREL attempted to cheat justice, He regarded it no more than 80 much waste paper. It was not pre- tended that Mr. Travers knew anything about the release. All they wanted on the other side was to find out who were interested in late operations in Northwestern. MR, BEACH AGAIN. Mr. Beach said they were not to excuse or defend Mr, Gould from the charge of robbery preferred against him. The time would come when they He referred to Judge Cardozo’s opinion, | would be prepared to meet that issue. Their o0- ject. was to resist the unjust order of arrest ob- tained by parties in a manner which, when the whole facts came to be known, would receive the severest condemnation of the Court. It was not pro to denounce his client in the language used until the end of the trial justifying such statement. Mr. McFarland said he had no excuse to make, Judge Fancher put an end to further observa tions by stating that he would take the papers, and give the matter his earliest consideration with jw to an early decision. THE MURDERER ROGERS. Application for a Stay of Proceedings—Ar- gument Upon the Application To Bo Heard To-Day, Before Judge Fancher, at Supreme Court, Chambers. The application was made yesterday, before Judge Fancher, holding Supreme Court, Chambers, by Mr. Charles 8, Spencer, for a stay of proceed- ings in the case of Henry Rogers, convicted in Kings county of the murder of Policeman Donohue, of Brooklyn, and sentenced to be hanged on Friday next. Mr. Britton, the District Attorney for Kings county, objected that this application had already been heard exhaustively by Justice Gilbert, in Kings county, before whom the trial took place, and denied, and without saying that it was strictly law he insisted that asa matter of courtesy the judges of that district should first be applied to. ir. Spencer urged that the Court should at once hear it and give it a preference over all other busi- ness. He had argued the motion in the first place betore Judge Gilbert, out of courtesy to him, since he had tried it, but, of course, it was appealin: from Cresar to Cesar, and he was entitled in such &@ matter to go from Judge to judge till he had ap- piea. to every one of the thirty-three judges in the ate, Judge Fancher thought he ought to apply first to the judges of the Second district, but promised, if he failed there, to hear him next Monday. Mr. Spencer insisted that he should be heard be- fore him, and begged him, in view of the shortness of Rogers’ time, to hear him earlier. Judge Fancher finally consented to hear him at one P, M. to-day, THE RUSSIAN BONDS CASE. Suit Against the Russian Consul, Baron Osten-Sacken, for Three Hundred Thousand Dollars—‘Slander of a Plainti@’s Title”’—The Case Postponed. In the United States Circuit Court yesterday the case of the Credit Foncler Bank of Poland was to have come before Judge Woodruff, It appears that this bank issued bonds to a large amount. The Russian government had many of those bonds on deposit in the bank, which bonds were stolen. Mr. Martin L, Sheldon, of this city, came into posses. sion of about three hundred thousand dollars’ worth of the bonds, and was on the point of nego- tiating them when Baron Osten-Sacken, the Russian Consul, is alleged to have prevented the negotiation by warning parties about to enter into it that the bonds were worthless, being, probably, a portion of those that had been stolen from the bank. Mr. Sheldon, therefore, brings a suit against the Consul to recover $300,000, on the ground that the statements of the Consul were, what is called in law, “a slander of the plaintit’s title.” The defence is that there tt no pro f that such De Ménts Were thade by the Cohsul, aud that even if they were, the Consul was acting under the in- structions of his government and cannot be held personally responsible. The case was to have come on for hearing yesterday, before Judge Woodruff, but it was postponed pending the preparation of an application to cause tie plaintit’ to disclose to the defendant an exact description of the bonds in his possession, THE ALLEGED FORGER —_———+ An Extradition Case=The Charge Against Denis Noonan—Non-Arrival of the Depositions—The Case Again Ag- journed. Denis Noonan, who is charged with having com- mitted a forgery at Charleviile, county of Cork, Treland, and who is now six weeks in prison, was brought before Commissioner Osborn yesterday to be examined under the extradition treaty with England, Counsel for the British government, Mr. Marbury, informed the Commissioner that the pa- pers in the case had been forwarded from Dublin’ on the 14th inst, and were to have been despatched from Queenstown by the steamer City of Brooklyn, but as that vessel had to put back disabied the mails were transferred to another vessel, and this caused their non-arrival, He, therefore, asked a postponement. of the examination for a few days longer. Counsel for the defence complained that Noonan had now been six weeks in prison Phapedeas | his examination, and the understanding was that if the papers ha not arrived yesterday he was to be discharged. The Commissioner adjourned the case to Frida: next, with the understanding that 11 the papers were not then forthcoming he would entertain a motion to discharge the prisoner. Noonan, with consent of the English Cousul, is confined at Police Headquarters. et os BUSINESS IN THE OTHER COURTS. UNITED STATES DISTRICT CounT. A Collision Case=The Propeller Galatea to the Value of the Cargo of the Reading Admitted, Bejore Judge Blatchford. Frederick Roberts and Others vs, The Propeller yalatea.—This case came before the Court on ex- ceptions tothe report of Commissioner Betts re- lating to the barge Reading and her cargo of coal and as to the allowance of the value of the cargo at the time of the collision, The Court overrules | all the exceptions, except the second, which is to the allowance of the value of the cargo of the Reading at the time of the collision, on the grounds “that the cargo might have been raised and saved NOONAN. for an amount less than its value when saved; that Do proper or suitable efforts to raise or save the same were made in behalf of the libeliants, and | that the same wus finally lost in consequence of the negligence of the libellants in reference thereto after the collision." UNITED STATES COMM'SSIONERS’ COURT. The Woodhull-Cl im Case—The Sisters Prepared to Give Ball—Tho Sufficiency of the Proffered Bail Under Considera- on of the District Attorney—A Further Remand to Ludlow Street Jail. Before Commissioner Shields, Counsel for Woodhull and Claflin, who are charged with sending @ publication of an immoral and obscene character through the mails, appeared before Commissioner Shields yesterday and offered bonds for the liberation of the accused from prison, the pro) d bondsmen being Mr. James uernan, @ retired fruit dealer, of No. 3 Jay Street, Brooklyn, and Dr, Augustus D. Ruggles, % Monroe street, of the same city, examination 19 to be had into the responsibility this bail, and if the District Attorney approves of it it will be ac- cepted. Counsel for the accused states that as soon as bail is given in this case bail will also be offered in the libel case in Jefferson Market, and in tho civil suit for libel at the Snerill’s Oulce. SUPREME COURT--CHAMBERS, Decisions. By Judge Fancher. In the Matter of the Fetition of John 3. Foster et al.—Motion granted, a Edward S$. Ennis vs, Peter V. Winters et al,— ame, SUPERIOR COURT—SPECIAL TERM. Docisions. By Judge Barbour. Denning Duer vs, William Reed.—Oase settled with amendments, : By Judge Freedman. Anna Kroop vs, Louis Kammerer,—Case ordered to be filed, By Judge Curtis. Patrick Cahill va, Johu Marshal! et al.—Leave granted to serve reply,’ with costa of opposing motion to defendant to abide event of suit. Edward Lecomte vs. Anton Markert.—Motion to Set aside reieree's report denied without costs to either party, BROOKLYN COURTS. UNITED STATES COMMISSIONERS’ COURT. Charge of Smuggling. Before Commissioner Winsiow. Wright Smith, of 138 Franklin street, Greenpoint, was charged with concealing # quantity of silk Bhai that had been smuggled into port, He was be io bail in $5,000 to answer on tie 4th of De- ir. SUPREME COURT—SPECIAL TERM. ‘The Bedford Avenue Improvement. Before Judge Tappen. : The People ex rel. Swift vs, Thomas W. Field and others, Commissioners.—Tne relators com- plain that the Commissioners appointed by an act of the Legislature for the improvement of Bedford avenue, have omitted to observe and com- ply with some of the provisions of the acts, and have, in other things, exceeded their powers and omitted performance of their statutory duties, A writ of certiorari was issued to bring up the pro- ceedings of the Commissioners for review, to the end that assessments for @ large sum may be va- cated if the writ should be sustained. Judge Tappen yesterday quashed the writ of cer- Rahal allowing $10 costs, to be paid by the re- ators, CITY COURT—SENERAL TERM, The Homan-Harle Alleged Breach of Promise Case. Before Judges McCue and Thompson. This case was before the Court a few weeks since, on an appeal from a decision denying a motion for anew trial. It may be remembered that the jury rendered a verdict in favor of the plainti(, Miss Roxcellena Homan, for $15,000. The case was tricd before Judge Neilson last December, and judg- ment was entered on the 17th of that month, The case has been reported in the HERALD, Yesterday Judge McOue rendered a decision aMirming the judgment and order appealed from, with costs. Judge Thompson dissented, on the rounds that the evidence did not sustain the ver- ict; that the law as charged by the Judge who tried the case was incorrect, aud the damages found were excessive. Decision. Stillman Sonte, Respondent, vs. Kennard Buxton, peep ead trial granted, costs to abide the event, Opinion by Judge McCue, concurred in by Judge Thompson, CITY COURT. Decisions. By Judge Netlson. Alexander Storck vs. Conrad Decker.—Plaintiff must take the course stated in memoranda filed. George B, Ritchie vs, Sarah E, Stone, &c.—The defendant and her husband having given a veritied certificate, October 30, 1871, that the bond and Mortgage were for value, &c., and the plaintit’s assignor having taken the assignment relying on that certificate, she 1s precluded from setting up the defence. The motion to open the default is therefore denied without costs. Samuel Williams ys. Catharine Hoole, adminis. tratrix.—Judgment for plaintit, for amount stated in the findings. Caroline M. Whitney vs. George C. Whitney.— Judgment of divorce, & 0 be entered, plaintit to have custody of the c! l. THE TWO GREAT TRUNKS OF TRAVEL, The Erfe and the Atlantic and Great Western Companies in Confab—The Old Ohio Suit—The Conference in the Counsel's OMce on Wednesday—Its Action. One of the evening papers on Wednesday pub- lished an account of a conference of directors of the Atlantic and Great Western and the Erle Rail- way Companies, in which assertions of a sensa- tional character were made in reference to the possible foreclosure of certain mortgages against one of the corporations interested. Tne counsel of the Erle Company makes the following statement of the object, character and doings of the meeting referred to:— In the year 1999 the Atlantic and Great Western Railroad, as may be remembered, was leased to the Erie Company, Ie “471 it was soldto @ new com- pany on a foreclosure that was made upon it. The lease of the Eric Company then expired. But the new company which then owned the Atlantic and Great Western line asserted a claim of about one million seven hundred thousand dollars against the Erie Company. The latter acknowleged their indebtedness to the extent of about nine hundred thousand dollars, and subsequently discharged it by the transter of supplies to the Atlantic and Great Western and paid besides about two hundred thousand dollars, The original suit instituted in Ohio was, however, continued against the Erie Company for the remainder of the claim—no part of which claim 1s admitted by the Erie Company— which is still in progress and has been contested In the State of Onio by lawyers resident there. A Tew weeks ago it was suggested that there be some eaceful settlement of the difficulty, and accord- ingly a committee was appointed, composed of representatives of both companies, They held a meeting on Wednesday, at the oflice of Mr. Barlow, at which no action was taken of the character stated by the evening press. They heard both sides of the question from the counsel of both companies and closed their proceedings by appointing a sub- committee to take their arguments into considera- tion and to report. ‘the members of this new com- mittee are ex-Governor Morgan, Mr. John Taylor Jobuston and Mr, Watson from the Erie Company, and General McClellan, Mr. Hewitt and Mr. Aspin- wall from the Atlantic and Great Western. HOMIOIDE OF PETER CANNON, An inquest was commenced yesterday before Coroner Whitehill, touching the cause of the death of Peter Cannon, who died at bis residence, No. 359 Hicks street, BPOoklyn, as supposed, from in- juries received at the hands of James Sweeney, a liquor dealer in the same street. Several witnesses testified that deceased, who was under the infuence of liquor, was forcibly ejected from the place by Sweeney, who knocked him down. Dr. Shepard testified to having made the post- mortem examination on the body of deceased, He found a fracture at the base of the skull, which was not ores ible from the outside and would not be detected while aliv a@physician. His death was caused by infammation of the brain, result- ing from the iracture of the ski As some of the witnesses were absent the inquest was adjourned until Monday, OFFICER GORMAN’S MISTAKE, On Thanksgiving Day Officer Gorman, of the Twelfth precinct, found an aged lady lying on the sidewalk on Third avenue, near 127th street, in what appeared to be @ helpless state of intoxication. She was locked up to answer, Yesterday Judge McQuade was informed that the lady was Mrs. Harriet Wright, and belonged to ono of the first families of Westchester county. Mrs. Wright is over eighty years of age, and for a long time has been a hadi ‘ual oplum eat When picked up she was under the influence of an enormous dose of laudanum, and a0! alcohol, Judge McQuade dia- charged hei PERNICIOUS POLICY. A Large Number of Arrests and Many Escapee~ Is It To Be War to the Death or Only a Spasm of Municipal Virtue and Police Propricty? If ts dimeult to estimate the amount of misery that falls upon the people of New York directly or indirectly from “policy playing.” One of the most tragic deaths that oecurred in this city for yeara was tho result of @ policy player's act, When he had become utteriy debased and saturated with superstition, the demon which possessed him led him to the perpetratioa of his crime, and he, with another equally debauched, wrought first madness and then death to an innocent woman, This man, too, wus one trusted by the city to dispense its charl- ties, and instead of forming acquaintances among the dissipated beings who haunt policy shops, should have spent his time in inquiring into those cases of destitution and misery every day reported. This cage became known in certain quarters and excited much feeling at the time, but it was only one of hundreds that some chance exposes every pee in which ruin is traced to these cheap gam- bling dens, Haif the petty thelts among the ser- vant iris may be traced to the hunger for gaming fed and inflamed by these places, and they are the greatest bane to the progress of the colored people in the poorer portions of the city. ‘Those intereste:| in reform are now asking whether these places shall or shall not oe permanently closed. The raid yesterday was very successiul in the number of arrests, and several of the Police Justices held the arrested parties to bail in the sum of $1,000, committing them in default. ‘Those brought up at Jefferson Market Poiico Court fared better, and it is already intimated that all the shops will be iu full blast again next week. Tombs Police Court. The police in the lower wards of the city, under the command of their several captains, made a de- scont yesterday upon the policy shops which flourish on the misery and ruin of thousands of de- luded victims, The raid on the whole was rather unsucceasiul, aa only thirteen delinquents were secured, They were marched to the Tombs Police Court, and presented a rather crestfallen appear- ance when arraigned before Justice Dowling. Some of the victims were old, gray-hatred men, who had evidently wasted many years in dissipa- tion and vice, while others were _ still young and seemed ashamed of. their position and companionship. The officers made their complaints singly, detailing the various devices by which they Induced the operators to take their money and commit them- selves by dispensing “caps,” ‘gigs’ or “saddles,” as the case might be. Thenthe Judge, with his wonted OSE announced that the prisoners were committed for trial at the Court of General Sessions, in default of $1,000 bail each. Some were bailed out in the course of the day, but as real estate property was required as security in each case the speculations of some veteran straw bailers who were in attendacce proved bootless. The names of the prisoners were Jonn Pierce, Edward Stanton, Joseph Edwards, Paniel be John Maloney, Gustavus Scaultz, Herman Fisher, George Leslie, George Bradley, Edward Walters and John Fahr, Essex Market. A number of policy-shop keepers arrested by the police were arraigned before Justice Shandley yes- terday. The prisoners gave their names as fol- lows:—Patrick Daly, Albert Anderson, George Brown, Frederika Marks, Herman Pfug, John Mil- ler, John Goodman, Thomas Stubbs, William anaes Henry Apell, Patrick Boyle, Barbara Frise, Lonis Nebereson, John Jager, Jacob Benedum, Nathan Hess, Catherine Bumgarten, William Wag- ner, Lous Bauman, Sophia Fisher, Louis Richert, August Miller, Mary F. Fitzler, Amelia Hammill, Solomon Frankfort, George Pfeifer, Rose Heinzer, George Stumpf, Gustavus Krohn, Barbara Warner and John Klots. They were all held for trial at General Sessions in default of $1,000 bail. Policy Dealers of Yorkville. Captains Gunner, Killtlea and Williams, re- spectively of the Nineteenth, Twenty-first and Twenty-second precincts, made raids on the policy shops in existence 1n their different districts yes- terday. The result was the arrest in the Twenty- second ward of thirteen prisoners; in the Twenty- first of three, and in the Nineteenth of one. Their names are as follows:—Henry C, Walley (colored), Wiliam Webster, John Stenkenburg, Stephen Malkey, Edward FE. Coates, Laz- arus Meyers, Robert Wiley, Patrick J. Garvey, Christiana Young, John Lohrey, George EE David Valentine, William Dayton, William Hen- drickson, Yhomas Friend, Charies Balloni, Justice Bixby, who was on thé bench, committed the prisoners for examination without bail, but sub- sequently, on getting through with the business of the Court, he accepted bonds from some of them to appear for trial at the Special Sessions. To residents of the Nineteenth ward Captain Gun- ner’s failure to catch more than one policy dealer in his district is a surprise, the more so because he hasalways proved himself quite successful in deal- ing with all kinds of lawbreakers who happen to come within his jurisdiction, A policeman, who resides in the ward and has been attached to the Nineteenth precinct for many years past, says Cy eee are at least fifteen policy shops in this ward, Policy Dealers at Jefferson Market. Yesterday morning the police commenced a raid upon the policy dealers, and a large number of them were arrested and brought up before the Jef- ferson Market Police Court, where they were held to bailin the sum of $300 to answer at General Sessions, Their names are as _followa:—Frank Coleman, Frederick R. Moore, Tuomas Muvore, Wiiliam Farrell, Elisha Rollins, Henry Irving, Otis Schneider, William Williams, John Parker, August Neidhardt, Charles Fergus, Luke H. Saulsbury, Michael O'Neil, Abraham Johnson, William D. Wallard, William True and Charles Moriarty. THE FATAL TARGET-SHOOTING CALAMITY, Recommendation by the Jury. Coroner Herrman yesterday heid an inquest in the case of James Fitzpatrick, the lad of fourteen years, late of Mott street, near Canal, who was killed by being shot in the back by a chance ball froma musket in the hands of Edward Flynn, a boy of his own age and a member of the Martin Reynolds Guards, while on a target excur- sion at Funk's Park, Sixty-third street, East River, On the 11th inst. Flynn, who had paid tne initiation fee requisite to make him a member of the Guaras, donned his uniform, shouldered a musket and, dis- regarding the commands ofhis father, marched out with his companions, and, although he had never discharged a gun in his life, was allowed to shoot at the target, At the third discharge, instead of hitting the bullseye, Edward brought down the deceased, by lodging ‘a bullet in his spine, This was not very strange, br eget | the tact of his total in- experience in the use of firearms, A large number of boys, like deceased, followed the target com- pany to its destination, and it is fortuhate in- decd that more of them were not Killed by the youtniul and inexperienced Knights of the gun. Below willbe found the main points in Flynn's evidence, Eaward Flynn, a lad, fourteen years of age and living at 490. Mulberry street, deposed that on the 11th inst, he went out with the ‘Martin Reynolds Guards,” a target company, of which he is a mem- ber; there are six in the’ company of about his own age; he shot at the target three times, his number being six; after he fired heard a boy was shot; never went toa target shooting before and never shot a gun betore; father knew about his going out with the company and told tim not to go; paid $4 60 to become a member of the tar- get company. Other testimony was introduced, but it was of no special importance, Dr. Cushman testified that the gunshot wound was the cause of death, Coroner Herrman, with some very appropriate remarks about the danger of target shooting and the demoralization it entails upon young men, submitted the case to the jury, who rendered the following VERDICT, “That James Fitzpatrick came to his death by @ gunshot wound of the back, said gun having been accidentally discharged at the hands of Edward Flynn, @ member of the Martin Reynolds Guards, while on an excursion at Funk's Park, on the 1lth day of November, 1872. And wo recommend that it be incumbent on the police authorities to sec that all places where target shooting is allowed are made more secure, we think’the practice of allowing boys of tender years and inexperience to accompany target excursions should Listen al With a severe reprimand Coroner Herrman dis- charged Fiynn from custody, “SUSPICIOUS OASE. A Woman Pashed or Fell Overboard. Yesterday aiternoon Coroner Herrman received information that Bridget Morris, an unmarried woman, twenty-nine years of age, had died in Centre Street Hospital, to which she had been ad- mitted the day previous, It is stated that de- ceased, while under the influence of liquor, had a quarrel with ® gtrangor on Pict 3, Kast River, during which, it is alleged, he struck and knocked or pushed her overboard, Another rumor prevails that Bridget staggered and fell into the dock, when the man became alarmed, aud, running away, made his escape. HKridget was rea- cued and died in the hospital, aa stated, of pneumonia, Chaptain Ullman, of the Fourth pre- Gact, will aid the Coroner fu workang up the case, SHIPWRECK. —_—_—_———— .The Wreck of the Steamship Guatemala and Accident to the Arizona. Thirteen Persons Supposed to Have Been Lost from the Guatemala. Sufferings of the Survivors—Inhumanity of the Mexicans—Mon from tho Arizona Drifting at Sea—Six Days at the Morey of the ‘Waves—Special Accounts of the Disasters and Their Consequences, The Wreck of the Guatema! SPRAMSUIP SAtv. Orr Bananas Onuz, Oct. rate) This miserable hole has beem the scene of some little excitement im consequence of the artivat here o/ the survivors from the ill-fated steamship Guatemala, which ran on the bar at Tonala at @ quarter past five o'clock on the morning of the 15th, and soon after becamo & total wreok. After ashe struck there was barely time to get the boats lowered and run astern, whence all on board em- barked, when boiler and engines went crashing through her bottom, at the same time that she broke into two parts, THE OREW and passengers got safety into the boats, but ing most horribly destitute condition, With few ex- ceptions all were in the condition in which they sprang from their sleep—without clothing, boots or hats. The boats, on leaving the wreck, were steered in the direction of this port, since ¢o land at Tonala would have been impossible, and any boat that at- tempted it would certainly have been capsized and its occupants drowned. The first boat to reach the shore was in Cha of the purser aad cou- tained seven others besides himself. On reaching THE LINK OF SURP the boat was immediately capsized and every one thrown into the sea, Within about diteen min- utes, however, all had reached the shore wn- injured, except the purser, who was picked up senseless, The second boat to land was the captain’s, which contained, a3 well ag some of the crew, two male passengers and one female. The landing was effected without other accident. A severe blow which the boat struck Captain Dou deprived him of his senses for some miu- 4. Later, and at some distance higher up the beach, the third boat, in charge of the scoond officer, ef fected a landing, ‘Then commenced A WEARY JOURNEY along the arid desert beach. Almost naked, witte out hats or shoes, for five days they steadily Kept onand at length reached this port. Tho inh: itants along the route behaved most inhumanly, refused them the least aasistance and compelled them to pircuite their food at enormous prices with the little money they had among them, THE FOURTH BOAT, which was in charge of the first oMoer, Mr, Smitt and contained, besides Mr. Bartholomew, the ch engineer, one passenger aud eleven of the crew, up to now has not been heard of. We all fear aere that the strong off-shore wind has driven her out to sea and that those on board have Rerienes. 18 is the more likely, since that boat, like the others, was absolutely destitute of food and water, the short time which elapsed after the vessel strack having rendered it utterly impossible to provision the boats, while the water connections were alf broken from the first moment she struck. It is certainly a most providential circumstance that so many lives have been saved, and it is to be ho; that the other boat may yet turn up, although there are very few hopes for her, The captain attributes the accident to some mig- take in valilng orders, Latest Details of the Disaster. PaNaMA, Nov. 19, 1872. The arrival of the steamship Sacramento on the 16th inst. brought us the painfal intelligence of the wreck of the steamship Guatemala on the bar at Tonala, and of the breaking down of the Arizona on the coast of Mexico. The Salvador left this port on the 20th of last month, and on arriving at San José de Guatemala, finding that the Guatemala had not arrived on her return trip, the captain determined to look into the lower Mexican ports. He accordingly went te San Benito, and, learning nothing there, proceeded on to Tonala. Early on the morning of the 3Ist of October they were off that port, and immediately some pieces of @ wreck were perceived on the bar, which on closer examination proved to be part ofa boiler and the side of a ship. -On the inside of the bar a schooner was seen at anchor, and alongside of her was no- ticed a boat, which to all appearances had be- longed to the wrecked vessel. The Salvador made signals to the schooner, but no answer was given, nor did she even hoist a flag to show her nationality. he bar was so excessively rough that it was hopeless attempting to communicate with shore, so the captain determined to STEER FOR SALINAS CRUZ. There the greater part of the officers, crew an@ passengers of the wrecked vessel secn at Tonala were found, and it was then known that the wreck seen belonged to the Guatemala, It appears that while making the port of Tonata, on the 15th of October, a little after five o'clock im the morning, she RAN ON A REEF which forms a portion of the bar, and that withia a very short time she became a total wreck. all hands taking to the boats, which were ordered by Captain Douglas to make for the port of Salinas Cruz, None of them reached that port, but three succeeded in getting On shore on the beach, and their crews had to march a long and painful ‘jour- ney before reaching the sheltering town of Salinas Cruz. The other boat, it is feared, has been lost. The Case of the Arizona. PANAMA, Nov, 19, 1872. ‘The Salvador left port that same night in proses tion of her journey along the coast, and while en route tor Port Angel, at about half-past four the net morning, a cannon shot was heard in tho dis- tance, The captain, who was on deck at the time, immediately ordered a rocket to be fired, and it had hardly burned itself out when three, in quick succession, were seen exploding in the distance. The course of the Salvador was immediately changed, and within a couple of hours she was alongside the stranger, which proved to be THE STEAMSHIP ARIZONA, from Panama to San Francisco, whose machinery had broken down entirely on the morning of the 2ith October, when about ninety miles off shore. It was immediately determined that the Salvador should take the Arizona in tow, and at about eight A.M. the two vessels started on their joint course to San Francisco, amid loud and long cheering on vhe patt of the passengers and crew, who thus evinced their pleasure at that anxiety being re- moved which must have preyed on them for the previous five days. ‘The Satvador towed the Arizona safely INTO ACAPULCO, and she would remain there, so the Sacramente reports, awaiting the arrival of the Constitution, which would tow her to San Francisco. The accident was caused by the piston breaking and then bursting through the cylinder, MISTAKEN ECONOMY. The King’s County Board of Supervisors and the Coroners, Coroner Whitehill, of Brooklyn, some months ago gave Professor Doremus the stomach and other organs of the body of the late Assistant Assossor, Edward 0. Anderson, to analyze, for the purpose of ascertaining the presence of arsenic, which wag believed to have caused his death. The chemical analysis was duly made, and the Professor sent in ‘his bill to the King’s County Boara of Supervisors for their approval. Objection was made to the amount. Several of the economical members of that body were shocked at what they considered a most outrageous charge, evidencing their capacity to judge of the nature of the labors of the scientific professor of chemis- try and what constitutes a fair compensation for such services, Finally they agreed to allow oue- half the sum ($260), for the payment of which amount they voted. Not long ‘since the Coroner, being desirous of having certain samples of explosive kerosene off teste to ascertain the quaiity of the oil, ‘gave $40 to Professor “Squib to analyze four specimens, The economicat Supervisors refused to pay the bill, and the Coroner was compelled to pay the money himscif. This is the same Hard that some time ago reused ae # bill for $3, presented through the Coroner’é ofMce by & poor boatman, for towing @ drowned body ashore from mid-river, Such one 1" simply ridiculous and discreditable toa! noite WhiOh should represent a fair share of tncellsnoe. Sa na i | 5 | i