The New York Herald Newspaper, December 4, 1872, Page 5

a ee THE COURTS. THE RING FRAUDS. Ex-Boss Twoed Again in Conrt---Another Day of Legal Fabian Taeties---More Dilatory Mo- tions and a Further Postponement. —_——_—__— ‘THE WALLEILL BARK DEFALCATION. Arrest and Examination of the Presi- dent, Ex-Senator William M. Gra- ham—Flight of the Cashier. te The Rogers-Doncohue Murder in Brooklyn. Motion for a Stay of Proceedings Denied— An Appeal To Be Made as a Dernier Re- sort te Some Other Judge—Governor Hoffman Will Have the Case Pre- sented to Him This Morning. CLAFLIN-WOODHULL ADMITTED TO BAIL, The Wayward Sisters Gut of the Toils— Liberated, Rearrested and Reliber- ated—Brooklyn to the Res- ene—Home Again, THE FIRE ALARM TELEGRAPH Cost of the Construction of the Fire- Alarm Telegraph—Refusal to Pay the Bil—Mandamus Issued Against the Comptroller—The Bill Ordered To Be Paid. eee BUSINESS IN THE OTHER COURTS. Sa Summaries—King and Scannell Arraigned and Daye Fixed for Their Trial—Convictions and Sentences in the General Sessions—Decisions, Yesterday the Woodhull and Clafin sisters, who are under indictment in the United States Courts forsending ascandaious and immoral publication through the mail, entered into bail, before Com- missioner Shields, in the sum of $4,000 each, and ‘were discharged from custody after they had given ail in other suits in the State Courts for libel ‘against Mr. Luther C. Challis. Ex-Senator William M, Graham was brought be- @ore Commissioner Osborn yesterday and charged swith having, while acting as President of the Wall- ‘kill National Bank, of Middletown, Orange county, ‘embezzled $100,000, the property of the stockhold- ‘ere of that institution and of other persons. He ‘was committed in default of $20,000 bail for examina- Gon to-day. Charles H. Horton, the cashier of the ank, was included in this charge; but he has not been arrested, and the belief is that he has feft the country. Yesterday the case of Frederick Mayer, appel- lant, ve. Moses S. Herman, assignee in bankruptcy ef Maurice Bendix, Caroline M. Reichman and Ru- @oilph Reichman, bankrupts, respondents, was argued before Judge Woodruff, in the United States Oircuit Court, 1t was an appeal from a decision on @ bill in equity, by Juége Blatchford, regarding eertain suits brought in the Marine Court by Mayer against Reichman & Co., on which-he re- |. wevered judgments and on which executions were fesued. Judge Blatchford dismissed the bill and @ecreed that the defendant recover against the plaintio tNe costs of the action. On the hearing of ‘the appeal the decision of the Court below was affirmed, Governor Hoffman has consented to hear at half- past eight o’clock this morning, at the Clarendon ‘Bouee, argument of counsel upon the application for a stay of proceedings in the case of Henry Rogers, convicted in Kings county ofthe murder of Policeman Donohue and sentenced to be hanged on next Friday, All the State Courts adjourned over to-day out of fespect to the memory of Horace Greeley. The ad, journments were by the voluntary orders of the Judges, except in Supreme Court, Chambers, where motion was made to this effect. Mr. Sewell, who made the motion, accompanied the same by some feeling remarks, The motion was seconded by ex- Jadge Peabody in a brief and touching speech, and followed by Judge Leonard, who pronounced a short, but deeply affecting eulogium upon the character ei the deceased, Judge Brady, of the Supreme Court, yesterday granted a peremptory writ of mandamus against the Comptroller directing payment of the amount still due for the construction of the fire alarm tele- graph. The original claim was $402,500, of which $260,000 has been paid. The mandamus granted alls for the payment of $194,389 61, whieh includes interest. A large number o! cases were disposed of yester- @ay inthe General Sessions. A Broadway pick- pocket, who gave his name as John Smith, was gent to the State Prison for five years, Albert C, Oatman, the keeper of a ‘‘club’’ house in Broad- way, was convicted of an assault with intent to do bodily harm to Michael Mahoney, and was re- manded for sentence. The Court adjourned till Thureday outo! respect to the memory of Horace Greeley. THE OLD TAMMANY RING FRAUDS. sinbaaetonadin Another Day of Legal Fabian Tactics The Ex-Boss in Court—Array of Coun- sel—More Dilatory Motions=No Arraign- ment and a Further Postponement, As predicted in the HERALD of Monday, under the bead of “The Tweed Case,” further dilatory mo- tions in the Court of Oyer and Terminer have fol- lowed the proceedings in this case, At an early bour yesterday the court room was thronged with ® preseing crowd, who were only kept in order and 49 their proper places through the exertions of an extra number of court officers. The fact that the Great ex-Boss Tweed was supposed tobe at last brought to bay, and that he must plead to the ar- faignment against him, was suflicient in itself to crowd the court room, aud during the early Proceedings more than half a dozen of the audience exchanged remarks to the effect that the “Boss can draw a big house.” But after all, he was not brought to bay. The Boss, like the hunted stag in the “Lady of the Lake,” when the jaw pursued him in the person of Wheeler H, Peckham, prosecuting attorney, With ready arm and weapon bared, ¢ wily quarry shuns the shock, And turbs bim from the opposing rock; #0 the wily Boss, through his counsel, breaks through the Jaw and the arguments of Peckham, and, like the old'Irish counsellor, O'Connell, pro- claims in fact that no Grand Jury that ever lived could frame an indictment through which he could @ot drive @coach and sour or an old “Big Six” engine, At the opening of the Court of Oyer and Ter. @iner yesterday, after the arraignment of Scan- nell for the murder ef Donahoe, and Kin; lawyer, fOr the murder of O'Nelic-whowe trials are wev down iD succeBEIOg at an early day—pae case M. Tweed was called on. a considerable stir with gathering in- terest, excited among the spectators that crowdcd the court room when the name of Tweed was men- toned, showing that, although many triends of the two persons so seriously charged and whose liber- tues are so imminently threatened might be present, public curiosity and interest were all enlisted in the case of Tweed. The Knights of the Bar were, of course, allon hand. In the words of the “Boss” Wimeelf, “This is a big thing; and where the carcass is, there will the vultures be gathered together; and, sure enough, from the gentieman in the big wig to the yet unripe ‘Bart- Jett” that read a@ preliminary prose or two, the counsel for Tweed were all on hand. The prose- cuting counsel, headed by Assistant District Attor- ney Sullivan, were also on hand, and when Mr. Spark, Clerk of the Court, cried out:—‘Gentlemen, time, go off,” counsel with the big wig went off at half cock, as usual, but as a preliminary. Mr. Sullivan rose and said he had_in his hand an indictment (the book indictment) filed in October last, and now moved that MR. WILLIAM M. TWEED BE ARRAIGNED UPON IT. Counsel, after an allusion to an excitement which, he said, he had seen among the counsel for the prosceution, said they had resolved to move to quash the indictment. He would first read the atfidavit of Mr. Tweed. The aftidavit recites the chronologs of the indictment and states, from the minutes of the Grand Jury, that it is entered there an bok toes] Sede knowing them to he frauds; that Wheeler H, Peckham was present in the Grand Jury room. Counsel here alluded to the fact that private counsel were permitted to come in, and that Mr. Tweed’s case was not leit, as usual, en- tirely to the District Attorney, The affidavit further stated that the fact had been stated before Judge Brady on the 10th of October, and had not been denied, that there were two indictments found by that Grand Jury, one on the Sth, the other on the 15th of October last, the latter intended to cure a vice in the former Indictment. That on this Jast the persons named as witnesses were not all examined. ‘The vice in this former indictment was the presence Of an unauthorized person in the Grapd Jury room, and the second indictment was made after Judge Brady's remarks on the 10th in regard to it. Mr. ‘Tweed’s affidavit continues that the two indictments of the 9th of October are identical with those found on the 15th. ‘Phe evi- dence on which the latter indictment was found was a simply a reaffirmation by five of the seven counts of the then previous testimony elicited by Mr. Peckham. It charges in addition that the orig- inal indictment was made “on complaint of Wheeler H. Peckham,” but that, in Mr. Peckham’s place, the second set of indictments substitutes a fictitious John Brown, so as to shield Mr. Peckham. He says, further, that he has never had the advan- tages of an examination before a magistrate. . Bartlett then read an afidavit of Mr. Dewey as to the contents of the Grand Jury minutes, IN REPLY, Mr. Peckham raid that most of the facts stated in Mr. Tweed’s affidavit were not denied, but in an- ucipation of this aMidavit he had prepared a brief affidavit in reply to some points in it. In it he re- cites the trial of Mayor Hall last Spring, After its end the Attorney General requested him to pre- pare and present indictments against the accused which should avoid the difficulties found in the Hall trial, That at the request of the Attorney General and the District Attorney he did appear before the Grant Jars ene Cw. meubieanen: before aaa ut the only adyice he gave them, yas to a quickly and Yat Wie} not present at their oorcne tations, but that afterwards, hearing some ques- tion was raised, he EY ‘ested that to avoid cap- tous objections thé whol matter be acted on by the Grand Jury de novo, He was not personally ac- quainted with Mr. Tweed, and had no relations with him except in these suits. At this point a long argument ensued between counsel as to the advisability of newspaper publica- tions in evidence, and the reasons of the defence for introducing such a line of argument, Justice In- graham ultimately reserving the decision of the Sneaion until he has had further time for consid- eration. Counsel for the defence began his argument, claiming that 1t was not dented that Join Brown was a mere figment of the brain, got up to cover and hide a criminal proceeding on the part of the Grand Jury or some one else, It was not denied that half or two-thirds of the indictment was not sustained by any evidence. The Grand Jury was a substantive protection to the accused. ‘The State and United States constitutions had affirmed the right. But it was sald that the action of the Grand 1 Jury was irresponsible, He would rather be at the mercy of King and Scannel, to-day brought before the Court, than at the mercy of those who would assert such a doc- trine. The indictment could not be presented to the Court until signed by the District Attorney; it was a misdemeanor to reveal the names of those indicted to any one but the District Attorney till the party accused was under arrest. So Mr. Peckham, when he sent in these indictments, was guilty of a misdemeanor. But he claimed that Mr. Peckham showed that the indictments were prepared before there was any evidence; he was hired to prepare them months before it was empanelled. le went . before it to explain the indictment—the indictment not yet found—and he says in_ his affidavit he did explain it to them; that is, he instructed them. But where was Mr. Garvin's affidavit as to what took place between him and the Grand Jury ? His associate, Mr. Fullerton, suggested to him to say that if Mr. Peckham was by the appointment of the Attorney General a public officer pro hac vice, then he should have taken an oath of office. If the Court had any doubt it could subpeena the grand jurors and examine them. Counsel read at some pena from an old English book as to the secrets which grand jurors were not aliowed to reveal, and continued:—But if the motion were denied in whole, at least the counts relating to transactions with Ingersoll, McB. Davidson and others should be stricken out, as no evidence was given on them to the Grand Jury on the later in- dictments. But as to the substance of the mdict- ment itself he claimed it was vicious. There were two sets of counts. Some forty-of them were founded on vouchers still existing. Some one hundred and eighty on vouchers alleged to be lost or destroyed by a burglary. On each voucher lost or not lost four counts were predicated. The first of the four was for a neglect by Mr. Tweed, Mr. Hall and Mr. Connolly to audit. @ second count was for coneiyine to the audit of a claim which they had not audited, and which was false, fraud- went and fictitious. The third count charges that a partly false and fraudulent claim, known to them to be false, was allowed by them, and that this, as in the second count, was a wilful neglect to audit. In each they attempted to turn an affirmative into @ negative act. In the fourth or common law count they had charged that the defendant, with the others, had wilfully made a certificate on which money was falsely drawn from the city. The" Comptroller, they charged, was a guilty participator in this certificate on which he drew the pay, Thus, in their eagerness they had combined a charge of larceny with a charge of mis- demeanor, Non-feasance was the non-performance of an act positively enjoined by law, and must be wilful and intentional; malfeasance, the doing of an act positively prohibited: malfeasance, the ap- pearance of doing an act without doing it. Under the Board of Audit act the Court would see that the auditing and the certificate of a claim were distinct acts. The statute did not say how they were to audit, They could adopt the mode of audit they pleased. Ju it) Brady had erroneously accepted in Mayor Hall's case an erroneous de- finition of the term “audit’’—viz., “examine into, settle and allow.” The word meant nothing of the kind. Ii the Legislature meant to prescribe an examination of any specific kind on this Board they would have said so. But this indictment charged two crimes entirely distinct—the violation of a judicial duty, auditing, and the violation of a ministerial duty, certifying—in each of the counts. Besides, the counts charged a positive act of mis- feasance, and then resolved it into simple non-act. But the second, third and fourth counts were bad, because in them the Comptroller was declared to be a party to the guilty audit, and to have paid on such guilty audit. He should submit that the in- dictment could only be maintained on the ground that Connolly innocently paid these vouchers. He went further than the indictment—if these three men issued these three certificates they made false token and were forgers. And 80, in their efforts to get in this payment, they had buried the head of their indictment ina cloud of felony. But, besides, it did not say that Mr. Connolly paid the money out of the county funds, non constat, but that he paid them out of his pocket. The inaictment was therefore void for indefiniteness. The Court could presume nothing, except in favor of innnocence. The third count was one charging them with auditing and certify- if a claim partially false, but it did not show wherever it was false. as that sufficient cer- tainty? He quoted cases fo show in what way the falsity occurred, The Court then; alter consuita- tion among counsel, most of whom desired to at- tend Mr. Greeley’s funeral, was adjourned to Thurs- day. THE WALLKILL BANK DEFALCA- TION. Arrest of the President, Ex-Senator Wil- liam M. Graham—Alleged Flight of tne Cashier—Graham Held in $20,000 Bail for Examination To-Day. Considerable excitement was experienced some time since in commercial and monetary circles when it became known that there had been a defalcation in the Wallkill National Bank, of Mid- dletown, Orange county, to the extent of $100,000, On the 8d of November last one of the directors ofthe bank, Mr. Avery A. Bromley, went before Commissioner Osborn and requested that magis- trate to issue a warrant for the arrest of Mr. Gra- ham and also Charles H. Horton, the cashier of the bank. Mr. Bromley informed the magistrate that he, with other members of the Board of Direction, had spent twelve or fourteen days in looking into and investigating the affairs and accounts of the bank; that they had discovered a defalcation to the extent of $100,000, and that they beli¢ved the President and the Cashier to be responsible for the amount of money thus unaccounted for. MR, BROMLEY’S AFFIDAVIT, Mr. Bromley made an afidavit in which he states that he resides in Middletown, and is in the fur- nishing goods business at that place, and also director of the Walikill National Bank, 1ocated at Middletown, and carrying on ite operations there; that on Insprmation ayd beer aud from personal i} NEW YORK HERALD, WEDNESDAY, DECEMBER 4, 1872.-TRIPLE SHEET. | examination of the books made by the Board | been fulty published in the Henarp—there has been | Of October, and was sent to the Penitentiary for gets J as ongerens Loge yee ae a sharp legal controversy in the courts in regard ee. % of November, 1870, : , of urnment Out of Ri tito M November, 1872, ' William Pp Moffat Graham, | * the payment of the bill for the construction of it spect to Horace President of the bank, and Charles H. Horton, Cashier, did embezzie, abstract, or wilfully mis- apply the moneye, funds or credit of the bank to the extent of $100,000, and made false entries in their reports or statements of the association with intent to detraud the directors and stockholders of the institution and other persons. On this affidavit @ warrant was issued, and it was entrusted to Deputy Marshal Kehoc for execution. ‘The deputy proceeded to Middletown, where he had no trouble in finding Mr, Graham, whom he arrested and conveyed to this city on Monday night. Being unwell, Mr. Graham was taker to the St. Clair House, and yesterday, having got better, he was brought before Commissioner Os- born, Horton, the Cashier, haa not been found, and it is said that he bas fed the country. When the cage was called on Mr, A, H. Purdy appeared for the government and Mr. Charles 8. Speneer for the defendant. Mr. Spencer made a lengthened address, in moving for a dismissa) of the complaint, on the ground that no warrant ought. to be issued for the arrest Of apy person on an affidavit on mere in- formation and belief, He stated that in the State Courts all complaints on information and belief were dismissed on certiorari as complaints entirely im- proper to be made, He characterized the whole case as an attempt at blackmailing, and contended that it ought to de dismissed, a8 he believed his client to be entirety innocent. Mr. Purdy, for the vernment, held that there was good reason for Sruing the warrant on the aMidavit in question. Commissioner Osborn said he was responsible tor what he had done in issuing the warrant. He denied the motion to dismiss the complaint. Mr. Spencer then demanded an immediate ex- amination of the defendant. After some discussion the Commissioner ad- journed the case until this morning, when the ex- amination will be gene into, The defendant, in default of $20,000 bail, was committed to Ludlow Street Jail. It is understood that he can pro- cure the amount of bail, if he be afforded an op- mortanliy, of obtaining it, which, of course, he will be, HENRY ROGERS, THE CONVICTED MURDERER. The Motion for a Stay of Proceedings Denled-The Metion To Be Presented Before Another Judge—Little Hope for Rogers—Appeal To Be Made to the Gove ernor. On Saturday last, as will be remembered, there ‘was @ lengthy argument before Judge Fancher, in Supreme Court Chambers, upon an application for a stay of proceedings in the case of Henry Rogers, convicted in Kings county of the murder of Omcer Donohue, of the Brooklyn police, and sentenced to be hanged on next Friday, The Judge yesterday gave bis decision in the case. He denies the appli- cation, and, a8 will be seen in the abstract given below of his opinion, fully sustains the rulings and gh: Tge of Judge Gilbert, before whom Rogers was tried.” Seam oe a. ADATRACT OF THE OPINION. After brieNy stating the facts of the case, in- cluding the statement that anless a writ of error be allowed the prisoner cannot live until a review of the several questions raised on the trial shall be had before the Gencral Term of the Supreme Court, he says that a writ of error is not a right in such a case, This, he proceeds to say, can only be allowed upon notice to the Attorney General or to the Dis- trict Attorney of the county where the conviction was had; and it then, onan examination of the case, there does not appear probable error sutiicient to induce an Appellate Court to review the judgment, the writ should be refused. At the same time, according to practice, any Justice of the Supreme Court may allow the writ, and without regard to the fact that an application for it has been denied by another Justice of the Court, He had been called upon to perform an unpleasant duty, but for all this the merits of the application must be examined. It had been said by Chancellor Wal- worth and other learned judges that before allow- ing a writ of error the judge should be satisfied that there is probable cause to believe that error occurred on the trial suflicient to induce the Appel- late Court to reverse the judgment. After this preface he took the grounds of error seriatim. Asto the in- tent of the Legislature in allowing a person accused of crime to be a witness in his own behalf he could find no substantial error in the charge of Judge Gilbert. All the Judge told the jury was that it was the privilege of prisoners to give on the stand their version of the facts, and that it was for the jury to say what credence should be given to the statement. This was held to be the intent of the Legislature. bigs dete the intention of Rogers when he struck the blow Judge Gilbert charged that it was not necessary that an assailant should go through a process of ratiocination on the subject, but it was enough that he intended to inflict the blow and that it resulted in death. He held that the Judge's charge in this regard tally corresponds with the tenor of many decisions touching the QUESTION OF PREMEDITATION. He could not see how the Judge could have charged on this point mere appropriately than he did. As + to the alleged intoxication of Rogers, he held that there was abundant evidence to show that the mind of the prisoner at the time of the homicide was neither destroyed nor eclipsed by intoxication, He reviews the facts of the homicide, including the laying in wait of the prisoner with a club in lis hand for Donohoe and his threats to “lay him out,” and holds that on these facts and on the version of his own conduct, as given by the prisoner himself, there was no room for the Judge to give a more favorable charge touching THE PRISONER'S INTOXICATION or the effect of it or his intent than he did. The next point considered was the alleged error of Judge Gilbert in characterizing the homicide as an atrecious and unprovoked murder, He held that this was only the opinion of the Judge, guarded and qualified by the remark that the jury were to determine, and not the Court, whether the case was oue of unprovoked and atrocious murder. He de- clared further that Judge Gilbert, with great clear- ness and precision, instructed the jury what con- stituted the crime of murder in the first degree and what were the distinguishing elements of the crime of manslaughter, After uphoiding Judge Gilbert upon the point of Rogers being guilty of murder, although aided by others in the murderous assault, he takes up the subject of the REQUESTS TO CHANGE. He holds that all the substantial points of the prop- ositions are covered in the charge. He also fails to find anything in the objections to the rulings of the Court respecting the evidence which, in his | judgment, should inauce an Appellate Court to re- verse the conviction, He says in conclusion that, it would be a reproach to the administration of justice if such an enormons crime should not be avenged—an offence against God and man. Rogers had had a fair and properly conducted trial, and had been found Ege ofmurder. The impending punishment of the law should not be stayed. He saw noground for believing an Appellate Court would grant a new trial, and, terrible as were the consequences to the prisoner, he could not grant the application for a stay. This morning counsel for the prisoner (Rogers) will be granted a tae d by Governor Hoffman at the Clarendon Hotel, when such representations will be made in the case as may be best considered worthy of the Governor's consideration jor a re- commendation to the courts for a new trial in the cases WOODHULL-CLAFLIN BAILED. The Wayward Sisters Again at Liberty— Bailed, Arrested and Rebailed—Home Again. Yesterday quite a number of persons assembled in the office of Commissioner Shields to have a look at the extraordinary pair of women, Wood- hull and Claflin, who had come down trom the jail of Ludiow street to sign the bail bonds which haa been ready for their signature since Saturday last, As will be remembered, these women are charged with sending an obscene publication through the mail; and upon this charge Mr. James Keenan and Dr. Augustus D. Ruggles, of Brooklyn, ex- pressed themselves as ready to become bondsmen for the appearance of the accused to take their trial. When Woodhull and Claflin entered the court room there was a rush to sec them. ae do not appear to have suffered much by their imprison- ment, though it is obvious a cell ina jail is not the kind of place they desire for a residence. It was twelve o’clock when they entered ceurt in charge ofa deputy marsiial. Mr. De Kay represented the government, as counsel, and the asosed ane had legal Cg be Copomissjoner Shield nm presented t al bonds to Wo hull and Cla in Who, having aken the usual oaths, signed the documents at once, whereupon they were discharged from the custody ofthe Marshal. They were, however, immediately laced under formal arrest by an officer from Jetterson Market Police Court, who held a warrant against them in a criminal action for aS libel upon Mr, Luther C, Challis, But Judge Fowler, being present in Commissioner Shields’ office, obviated the necessity of bringing the women to Jefferson Police Court, and the Judge | took bail for them upon the last-named charge. They were then taken across the street to the Sher- it’s office, where bail was accepted for them in the civil sult for libel instituted in the State Court at the instance of Mr. Challis, The defendants are bailed in the United States Court in the sum of $8,000 each, to appear and take their trial when they shall be calied upon to do so by the District Attorney, who, it is under- stood, is quite prepared to do his duty in respect to the indictment found against these women up to the full requirements of the law and justice of the matter, THE FIRE-ALARM TELEGRAPH. A Peremptory Writ of Mandamus Di- recting the Comptroller to Pay the Bill—Opin: of Judge Brady. For ngme time—the facts of which have always the fire-alarm telegraph in this city. The bill a8 adjusted by the Commissioners of the Fire Depart- Ment, amounted to $402,500, of which sum $250,000 was paid, The amount claimed, including interest, Was $194,389 61, Alter various preliminary mo- tions the matter was referred to ex-Judge Suther- land, who reported that the claim was a just and valid one. The Comptrolicr refusing the amount, application was made to Judge Brady, of tie Su- prams Court, for peremptory writ of mandamus jirecting him to - the same, Judge Brady yes- terday gave his decision in the case, cirectiny, as Will be seen by his opinion given below, the writ to issue. OPINION OF JUDGE BRADY, The demand usged in this matter tt is conceded is just. The evidence taken by the referee shows that it is meritorious and wholly free trom sus- picion, and there is, therefore, no reason why it should not be paid. Itis claimed, however, that the interest added should not be allowed; but this view cannot be sustained, Chapter 465, Laws of | 1871, provides for the Wig bape ofthe amount, as | adjusted and accepted by the Commissioners of the Fire Department, and it became tbe duty of the pe decar to pay it in the matter decided. It was from the time of the adjustment a claim which was tobe paid and for which provision has been made, It was like any other obligation from that time, and if payment was withheld the interest should be allowed, I think the referee’s repert should be accepted, a8 the basis of the order to be entered herein, Ordered accordingly, BUSINESS IN THE OTHER COURTS. Seen aes COURT CF OVER AND TERMINER. The King-O'Neil Murder=The Arraign- ment, Before Judge Ingraham. James C, King was arraigned yesterday for mur- der in the first degree in the shooting of Anthony O'Neil on the 18th November last at 42 Pine street in this city, Mr. Vanderpoel urged that as he has had no opportunity to see the indictment and but a few moments’ conversation with Mr, Beach, the matter should be allowed to stand over a day or two, during which they would arrange @ date with the District Attorney. The trial of the case was aceordingly fixed for to-morrow morning. The Scannel)-Donahue Murder, John Scanne}l was arraigned for murder in the first degree of Thomas Donahue on the 2d day of November last by shooting him with a pistol, Counsel for the prisoner said that as one of the counsel with him in the case had since the opening of the Court been called away to Albany, under subpena, to attend the Senate in the matter of Judge Curtis, he proposed that the time of this stipe) should be postponed until they could ave an opportunity of conferring together, ‘The case was then fixed for hearing on Thursday morning next. SUPERIO’. COURT SPECIAL’ TERM, Decision. By Judge Barbour, Thomas Rolin vs. Helen N, Anuderson,—Motion for injunction must be denied, with $10 costs, COMMON PLEAS—SPECIAL TERM. Decisions. By Judge Larremore. Kelly vs. Mavk.—Order settled and undertaking approved, ernstein vs. Rothschild.—Default opened on payment of costs of motion, costs of term and dis- bursements. Dodge vs. Dodge.—Reference ordered. Northumberland Fire Extinguisher Company vs. Henderson.—Reference ordered, Ellis va, Kisentuher,—Order discharging under- taking and releasing sureties granted, Davenport vs, Turner.—Motion granted, Eagleson vs, Grey,—Judgment ordered, Mausner vs, Gottel.—AMidavit of service of notice of application is defective, By Judge J. F. Daly. Emmons vs. Barnes.—Case settied, Ross vs. Binnagel.—Motion denied, Cowell vs. Skinner.—Motion granted, Thurber vs. Burg.—Same. Schindel va, pt eh NEC) denied, Judd vs, Mittnacht.—Motion granted, MARINE COURT—SPECIAL TERM AND CHAMBERS, Decisions. By Judge Tracy, — Caroline Gert vs. Anselm Pfeiffer.—Defendant may answer within five days. John 0, Matt vs. Michael granted. ‘ Alonzo L, Tuska vs. William Chrystal.—Motion to strike out answer denied. : ry Perry vs. Larin T. Joslin.—Let this action be discontinucd, COURT OF GENERAL SESSIONS. Before Recorder Hackett, At the opening of the Court yesterday the case of Jacob Bender, charged with manslaughter, was set down to be tried next Tuesday, and that of August Wood, for murder, on Wednesday, A “Club” House Keeper Convicted of a Felonious Assault and Remanded for Sentence. Albert C, Oatman, Keeper of a gambling house on Broadway, was tried upon an indictment for felonious assault and battery. The complainant, Michael Mahoney, who said he was “interested in the establishment,” testified that on the evening Byrne.—Motion | of the 10th of May he went to the defendant, who was standing at his door, and demandea some clothes, which he refused to give him; after the exchange ef some angry words Oatman seized and threw him over the railing and cut him four or five times in the face, inflicting serious but not, necessarily, dangerous wounds. The defendant swore that Mahoney approached him from behind with aknife in his hand, and that he (Oatman) used no weapon, Although the testimony was some what conflicting, and Mahoney was proved to be a disorderly character, the jury rendered a verdict of guilty of an assault with a dangerous weapon with intent to do bodily harm. Oatman, who was out on bail, was committed to prison and remanded till Friday for sentence, Burglaries. Frank Donar (a youth) charged with burgiarions- ly entering the ofiice of Dr. Dwyer, 57 Henry street, on the 17th of November, and stealing $20 worth of wearing apparel, pleaded guilty to an attempt at burglary in the third degree. He wassent to the Penitentiary for eighteen months. Nathaniel Pangburn pleaded guilty to an attempt at burglary in the third degree, the allegation being that on the 9th of September he burglari- ously entered the grocery store of Squire R. Bar- ret, and stole $4in money. The sentence imposed Was two years and six months in the State Prison. A Broadway Pickpocket Sent to Sing Sing for Five Years, John Smith was convicted of stealing a watch from the pocket of William Wallace, at the corner of Broadway and Fulton street, on the 5th of No- vember, The testimony of the prisoner's guilt was so conclusive that the Recorder sent him to the State Prison for five years. This weli merited sen- tence relieves Broadway of @ professional pick- pocket. A Crowd of Youthfal Burglars, Cornelius E. Crow, Edward Handley, Christopher Jewell, Thomas Peterson and Archibaid Hadden were charged with burglariously entering the premises of Christian Siegel, in East Seventy-sev- enth street, on the 20th of November, and stealing a Newfoundland dog, valued at $30, and $10 worth of clothing. These youthful burglars were small boys and were accompanied by their mothers. The Recorder permitted the boys to go, after ad- ministering some counsel to their mothers respect- ing their future behavior. Grand Larcenies, Robert White and Joseph Hopkins, charged with grand larceny, pleaded gulity to an attempt to com- mit that offence. The complaint set forth the fact that on the 16th of October the prisoners entered the store of Howard & Co., 865 Broadway, and stvle $239 out of a drawer. James Whalen tendered a similar plea, the in- ps tate tideea x i eta ‘une he stole sI hain, vajued a @ property of fom 3 Duriiam and others," Edward A. Conklin pleaded guilty to an attempt at petit larceny, the charge being that on the 10th of May he embezzled $25 from his employers—Mead, Pearson & Ct The above prisoners were remanded for sentence, An Assau!t Upon a Woman. Michael Toomey was tried for an assault to com- mit a rape upon Mrs. Jane Moore, at 200 Seventh avenue, in June last. The prisoner hired a room in her house, and during the absence of Mr. Moore entered the bedroom and inflicted violence upon her, threatening that if she made an alarm he would murder her. The jury found Toomey guilty of an jault with intent to commit a rape. The Re- er, in view of the aggravated nature of the Wit, sent the prisoner to Sing Sing for five Assi A Stabbing Affray in a Lager Beer Sa- loon. Thomas Sproul, charged with stavbing Charles Meyer at a lager beer saloon in Sixth avenue on the 12th of November, was convicted of assault and battery, the proof showing that Meyer was assaulted by the prisoner and his friend, one of whom used the knife, Sproul was a boy, and the Recorder modified the sentence to imprisonment in the Penitentiary for four months, James Hughes pleaded guilty to an assault and battery committed upon Philo Horsig. on the 29th Greeley. When Aasistant District Attorney Stewart in- formed the Recorder at a late hour in the after- noon that all the cases on the calendar were dis- posed of, his Honor said that out of respect to the memory of Mr. Horace Greeley, and in order to afford an onportunity to those whose attendance would be required at the Court to attend the funeral obseqnics, the Court would stand adjourned until ‘Thursday ‘morning. : . TOMBS POLICE COURT. Outrage on a Street Car Conductor— Another Phase of the Confidence Game. On Sunday afternoon last Francis Brady, Hugh Reilly and three other men of one ilk, jumped on the rear platform of a Grand street car going to- wards Jersey City ferry, The conductor, Charles J. Colby, recognized his passengers and at once called out in @ loud voice, “Gentlemen, look out for your pocketvooks; there is a gang of pickpockets on the car.? The men got off immediately, but waited on the corner for Colby until the return trip. The whole gang of them jumped on the car near Mott street, and one of them struck the conductor over the eye witha elungshot, inflicting a serious wound. Through the assistance of Detectives Heidelberg and Elder B and Reilly were arrested yesterday, The remainder of the gang are still at large. The pisoners were brought before Judge Hogan at the mds and jully committed for trial. ANOTHER. Fawin N. Colt, Jr.. is a citizen of Troy. He came to New York last week on a visit, and accordingly wandered around looking at all there was to be seen. Friday afternoon he was walking through Canal street, and a well-dressed, gentlemanly looking man met him and said, How are you, Littlejohn ? I am glad to see you.” “My name is not Littlejoin, answered Mr. Colt. You are mistaken in the person, My name 1s Edwin N. Colt, Tam from Troy.” + Mr. Colt did not walk very far before he met another man, who addressed him familiarly. ‘This time the stranger accostant knew his name, “How bt yous Mr, Colt?” gaid he, “and how are things in ir. Colt was agreeably surprised. He at once entered into conversation with his new found ac- quaintance, and accompanied him to 272 Canal street, where he was induced to play at some game where he lost $29 50. When it was too late Mr. Colt found ont he had been duped, and had his genial companion ar- rested. ‘The prisoner, whose name is Jo! . Mahon, was arraigned before Judge Hogan yester- day and committed iu default of $500 bail to answer, STABBING AFFRAY, Charles Hesler, of 75 Mott street, and Thomas Kelly, became engaged in a quarrel yesterday morningin Canal street, and Kelly stabiea Hesler in the stomach with @ small pocketknife. Kelly’s wound was serious, but not fatal. Heslin was ar- rested by Oflicer Stephen McManus, and held to answer by Judge Hogan, in default of $500 bail. John Brennan, who assaulted Conductor. Dutty, of car 98, Third Avenue line, on Monday night, was held to answer, in default of $1,000 bail. JEFFERSON MARKET POLICE COURT. Receiver of Stolen Property. Isaac Lyon, @ Polish Jew, keeps a place at 54 Market street, where a great number and variety of articles are huddled together in dingy confusion. Ranging from a camels’ hair shaw of great price to ascrap of old iron of no price at all, Isaac’s collec- tion forms a curiosity shop far surpassing that described by England's great novelist, notwith- standing the extent and variety of Isaac's wares. Perhaps owing to this his reputation has not been good among the police for some time, it being generally supposed that be was @ receiver of stolen goods. Recent | transactions have confirmed this view, Some time | last week two young men were arrested and com- “mitted for trial, charged with burglary, in entering the premises 571 Broacway, and one of these has made revelations seriously implicating Isaac. Ac- cording to the statement made his course has been extremely wary, dealing, as he has, only with the initiated and those properly recoinmended. The custom has been tor the thieves to take their plun- der to a lager beer saloon iv the vicinity, whence a messenger was sent to a neighboring butcher's shop of respectable exterior. The people there at once intormed Isaac that his presence was desired in the saloon, where, over zwei lager, bargains were consunimated, This untoward revelation in connection with certain specified transactions caused Isaac’s arrest, and he was yesterday brought up before the Jeffer- son Market Police Court, and committed without bail for further examination. THE POLICY DEALERS, A number of men were brought up before the Jefferson Market Court yesterday, charged with a violation of the Lottery law, but were all dis- eharged for want of evidence, except George Walker, of 476 Hudson street, who was held in the sum of $500 to answer. THE EMPLOYMENT SWINDLE. Peter Exter, being in want of a situation, called at the employment office of George Nicolson, 138 Sixth avenue, whe assured him that if he would pay $2, and call the following day, he should be | provided for. He did cull next day and continually thereafter, from the 26th of November to the pres- ent, without receiving any satisfaction, wherefore he Complains, Nicolson was committed in default of $300 bail to answer. BROOKLYN COURTS. SUPREME COURT—CIRCUIT. The Defunct Central Bank Litigation. Before Judge Gilbert, Silas B, Dutcher, as assignee, &c., Drings suit against the Importers and Traders’ National Bank of New York. The Central Bank used to make the collections in Brooklyn of the Importers and ‘Traders’ National Bank of New York. On the ist of August there was in the Central Bank $20,422 23 to the credit of the Importers and Traders’ Bank, of which on that day $19,300 was paid on a draft drawn by the Importers and Traders’ Bank. This action is now brought to recover this amount, the plaintiff clalning that the payment of this draft was made with intent to give a preference to the defendant over the other creditors of the Central Bank, and delay and defeat the operation of the bankrupt act. ‘The defendant claims that the Central Bank was its agent for collection merely and that the funds in the Central Bank were, therefore, trust funds and cannot in law be considered as an indebted- ness in the purview of the Bankrupt act. The defendant also claims that Mr. Dutcher got possession of $3,749 37 when lhe became assignee of the Central Bank, which was their money, the Central Bank having collected that amount for them on Brooklyn checks, notes and drafts, For this amount judgment is asked for against Mr. Duteher, Case on. me “CITY COURT—SPECIAL TERM. Decisions. By Judge Neilson. In re Charles D, Landry, a Lunatic, &c.—Order granted confirming inquisition. In re John H. Bradford, a Lunatic, &c.—The like order granted. Ehzabeth J. Sawyer vs, Edwin H. Sawyer.—Re- ferred to D. B. Thompson to inguire and report as to the matter charged. Anne Nitze ys. Charles Nitze.—Order of refer- ence granted, By Judge re tg Frances A. Van Visk vs. The Broadway and Seventh Avenue Railroad Company.—Motion de- nied, with costs. Opinion on file. The Late Judge Strong. Un Friday, at two o’clock, a meeting of the Bar will be held in the Supreme Court room to take action with regard to the death of Judge Strong. Respect to the Memory of Horace Greeley. All the Courts have adjourned until Thursday out of respect to the memory of the deceased states- man and philosopher. COURT OF APPEALS. Decisions. ALBANY, N. Y., Dec, 3, 1872 | Somebody else to do the same service. Judgments aMrmed, with costs—Ogden vs. The East River Insurance Company; Carpenter vs. | Ross; O'Leary vs. Walter; Ocean National Bank of | New York vs. Fant; Moncrief vs. Ross, Judgment affirmed—Gatiney vs. The People, <c. Judgment reversed and new trial grauted, the cost to abide event—Rooth vs. The Farmers and Mechanics’ National Bank of Rochester. Judgment reversed and new trial granted, costs to abide the event as to defendant Yulee, and judg- ment affirmed as to other defendants, with costs— Vose vs. The Florida Railroad Company. Judgment of Supreme Court and of Sessions re- at and new trial granted—Hught vs, The Peo- ple, &e, Order granting new trial reversed and jadgment yy, Jircult adirmed, with costs.—Voubleday vs. re . 8, Order of General Term reversed and that of Special Term afirmed.—People, éx rel. Peterson, vs. Dayton; People, ex rel. ills, vs. Dayton. Order affirmed, with costs.—In the matter of Astor to vacate assessment. , with costs—Brown vs. Leigh; Appeals dismissed, Boughton vs. Boughton; Arnold ys, Robertson, COURT OF APPEALS CALENDAR. ALBANY, N. Y., Dec., 3, 1872 ‘The following is the calendar of the Court of Ap Be NA ee ad 4:—Now, 517. 1014, 119, 89, 368, 5 THE POSTAL TELEGRAPH, ° Interview with Postmaster General Creswell. HUBBARD’S BILL DISSECTED. ——- + A Good Thing for the Companies, but Bad for the Public. Advantage of Having the Lines in the Hands of the Government—The Postal Service To Be Improved—Exceptional Ad- vantages to the Press. ‘WasnIncTon, Dec. 3, 1872, Your correspondent called upon Postmaster Gen: eral Creswell this evening to obtain his opinion regarding the diferent postal telegraph schemes which are going to be pressed upon the attention of Congress during the present session. The main features of Hubbard’s bill are contained in all of them, and, therefore, the Postmaster General's re- marks were directed to if alone, Mr. Creswell said:—‘The objection to Hubbard's scheme is, that you are not only creating a corpo- ration and giving it certain powers, when | do not see that it will be in a better position te do the ser- vice for the people than the Western Union Telec- graph Company, and in the end you will have to buy ous the company, and as the whole system is expanding day by day the longer you postpone the more expense you will have to go to, In MR. HUBBARD’S BILL there isa provision to authorize him to acquire the title of the subsisting companies, and there is. No limitation upon the rights of the company which he would create. He can do that upon the best terms attainable, If the government gives the authorization the upshot will be that if this company will failto cheapen the rates and them afford the facilities which the cheapening Iiteelf costs, because of the increased business, the government will be compelled to buy out the Hub- bard, and people then will be obliged to recognize the prices which he pald, because it was recog- nized in his charte Besides, all the work and responsibility would be upon the gov- ernment, for which tt would derive only @ small portion of the receipts—not enough, per- haps, to pay its expenses—when the company would have a handsome profit upon its invest- ments. Experience shows that if you reduce the price fifty per cent you double the messages, and I have no doubt chat the rule will hold goot until you reduce it to the present rate of postage. Everybody would then use the telegraph instead of the mails. It is no more impossible now to trans. mit a telegraphic message from NEW YORK TO SAN FRANCISCO FOR TEN CENTS than ft was deemed to transmit a message by mail from New York to New Orleans when the work was first entered upon for cheapening postage. In case of disagreement the government would not have sufficient control over the lines to have the messages on hand transmitted, All it could do would be to seize the lines and advertise for In the meantime messages would accumulate by the hun- dreds of thousands and could not be forwarded, What would be the effect you canimagine. Just suppose the whole mail service were stopped for one day %? WOULD THE TELEGRAPH BECOME A POLITICAL MA- CALNE? Your correspondent then qneried, “Would not the postal telegraph become a political machine im the hands of the government’ To which the Postmaster General replied:—“In the first place the number of additional employés would be notbing like as great as has been represented. In about five thousand post oMces the same officers who attend to the mails could be telegraph operators ; that would, necessarily, impart a higher tone to the service, as they will have to be skilled operators. ‘The other offices, aboutjone thousand five hundred in number, with their branches, would probably require 7,500 perso! all told, Including telegraphic operators, as w as messengers. Thus the whole number of persons in the separate bein service will only be 7,500 men after combining the duties In some fonr thou. sand or five thousand ofticers, These people must ali be skilled operators—even the boys and girls— and they will, therefure, have to be of a superior class. So, Instead of lowering the tune of the ger- vice, it will necessarily improve it.”” EXCEPTIONAL ADVANTAGES 10 THE PRESS. Regarding press rates the Postmaster Genera¥ said:—‘Of course the press would be offered ex- ceptional advantages, inasmuch as the press is re- garded as the bier educator of the people; exclusive press despatches and exclusive press as~ sociation are a monopoly, and both operate against the diffusion of intelligence. While the rates of the press would be a great deal cheaper than they are now, the same privileges would be given to alk papers alike, and many of the stronger papera would have the opportunity torent wires—a systems which is working very well in England.’’ To a farther question, whether he felt certain that the postal telegraph would be more i tageous to the publi Mr, Creswell answered :. believe in the gove ent doing the work for the benefit of the people. The government has advan- tages over private enterprises which it ought to’ wield in the interest of the people; and especially the (le alt which has just proved itselfa practical system fur superior to apy other, and is more sus- ceptible of improvements in the hands of the gove ernment. THF PROVITS OF THE TELEGRAPH are large in proportion to the capital invested, and the government would have it in its power to lessen. the rates as its bustness invreases and its facilities are extended, If the pusiness of telegraphy is such that the government can do it better for the interest of the people then the government should have the exclusive management of it. If, on the contrary, it can be done better by private enterprise, then it should be left entirely to private enterprise, I think this country, above ali others, should have A NATIONAL TELEGRAPH SYSTEM. Onur political, social and commercial relations woulé not only be improved and strengthened by means of ready intercommunications; the Led itsel would be strengthened and perpetuated. The gov- ernment itself, with all its extensive ramifications, and working upon the principle not to make money, but to serve the people, has a double motive for cheapening telegraph rates. In case of war the government would have the power te seize all telegraph lines—in fact, would require an exclu- sive Crt of its own.’ “This is a somewhat remote contingency,” ree marked your correspondent. “True,” replied Mr. Creswell, “this is & remote’ contingency; but he is a poor Prophet who says we shall never have a war again.” To the question, ‘is the Postal Telegraph meas- ure likely to pass this session’? the Postmaster General made answer :— “T recommended the appointment of a commis- sion by Congress, consisting of gentlemen of tn- tegrity and general knowledge, to set to work and elaborate a plan. To this end they will have ta father information in Europe as well as in the b ee States—in fact, wherever information is tu, ye had.’ Your correspondent again queried:—‘‘Supposa the government nought the Union Telegraph Com- pany lines, would i# have to pay for the stock at the market price or at par ’"" “That would be determined by appraisement, ag it is prescribed by the act of 1366. The cost of the. line Was $10,000,000, and the intrinsic value of THE WESTERN UNION TRLRGRAPH, without a to its good will or its watered stock, could only be the basis of the purchase,. Congress would place such safegyards upon tha action of the apprajsers as to provide whatever. they might do shall subject to their confirma-- tion before the government shall be bound by it. The Western Union Telegraph lines could be re~ placed at a cost of $10,000,000; for $11,000,000 the: government could put up & better system of its. own, and by the act of July, 1866, it is empowered to construct telegraph Imes without regard to the: existing companies. Itis certain that im 1 few years the telegraph will be just as much in the: jauds of the government as the mails now are,”” THE NATIONAL RIFLE ASSOCIATION, =! / The Board of Directors of the National Rifle Assow clation held their regular monthly meeting at 19@ Broadway yesterday afternoon. A report in refer= ence to the proposed shooting park was read, which stated that the same would be Mnished om or about February 1, 1873, A resolution Aaa oe to the effect that any organization subscribing not less than $2,000 a yest torte National Rifle Kaeo ciation should be considered a9 in afiiiation wi it and be entitled to all the privileges of membe: during the year. Designs for prize and member. ship wes were exhibited, jt mo action Ww: taken with regard to them. The Board, after th transaction of routine business, adjourned. to again on January 3, 187%