The New York Herald Newspaper, December 15, 1872, Page 7

THE COURTS. Suit Against a Street Railroad Company—The Pike Will Case Decision by the Surrogate— ‘What Constitutes a Fraud in Bank- Tuptcy—The Second Trial of Stokes—Terms of Holding the Courts in 1873—Decisions. SUPREME COURT—SPECIAL TERM. Gult Against a Street Railroad Com- pany. Before Judge Curtis. Some two years ago Michael Noonan obtained the contract for building the sewer in Twenty- third street, terminating at the North Kiver. When the Twenty-third Street Railroad Company commenced laying its tracks in this vicinity Mr. Noonan, as alleged, prosecuted his work, but with Boregard to the interest or convenience of the company, but, on the contrary, placing his ma- chinery on the newly laid tracks and also throwing upon them the excavated dirt. To put an end to this an injunction was obtained against Mr. Noonan. ‘This injunction, according to the state- ment of the railroad people, was allowed to stand, with the understanding that the railroad company should lay their tracks on the north side of the ptreet and give Mr. Noonan unobstructed use and Beoupation of fifty feet onthe south side of the Bee But misunderstanding arose, and this culmini in cross suits between the company and Mr, Noonan, Out of this sult grew an applica- tion for an order to show cause why another in- function should not be granted. This came up for argument yesterday before Judge Curtis, holding Special Term of the Superior Court. ‘On the part of Mr. Noonan an aMdavit was sub- mitted setting forth that he could not goon with the sewer without using the whole of the street, As a matter of law it was further claimed on his side that, his contract having been made to the obtaining of their charter by the | Failroad company, he bad a prior right to the use ofthe street. On this point it was further insisted a sewer was & matter of public necessity, @ railroad was only @ matter of public con- ‘venience, and that on this ground the former was entitled to the preference. affidavits were submitted on the part road company. In this was set forth the reason of allowing the first injunction to stand aa stated, also and further that the exclusive use of is Ean of the atreet was all that was required for ing the sewer. wer. Alter quite a lengthy argument, in which counsel dwelt iain ee the allegations set forth in their respective affidavits, the Judge took the papers reserving his decision. SURROGATE’S COURT, Whe Pike Will Case=The Will Sus- tained—Important Decision by the Surrogate. Before Surrogate Hutchings. ‘The Surrogate, in rendering his decision in this case, after reviewing the testimony given in be. half of the contestant, the son of the deceased, ways: The evidence before me is sufficient to show that a strong disaffection was at times manifested by the testa- tor towards his son George, the contestant. ‘It is, how- ever, claimed that this iceiing sprang froma mind de- from causes to which I have before referred. The guly, vestimony aa to the existence of the habit here al- §nded to, is that of the contestant, his wife and her brother and sister. It appears from’ the evidence of the Contestant that he discovered this habit a considerable him, but without effec tifles to what she regarded a solicitation tor improper in- forcourse with him, and also puts tp evidence certain contestant 41 the Astor Library and there investigated the subject of onanism, for the purpose of discovering what was the effect of that habit on the mind; and I refer to this, be- cause, although he must have had solicitude for his father’s health, such tacts are at least consistent with the ‘that he was cognizant that his father had discrimi. nated, or apprehended that he might do so, in his will tween him and the other children, and that, even then, may have anticipatea contesting the will: and if so, the observations made by himselt and his wife, of the father’s» acts and their construction of his motives feelings were made that Ww Hable as to isgiven tae the contestant gre those directly con- mected with him, and that its existence was not sus- by ‘the physicians who attended the testator—t ‘would uot feel myself justified in hol cha habit would, in itself, if established, demonstrate the ty of tive testator. It has notbeen proven, but on the contrary it has been distinctly denied witnesses, that unsoundness of mind ‘avice. The testator may have been ‘concomitant of such addicted to that habit and yet have been in the full possesion of all the attributes which the law mires tor testamentary capacity. Even if the existence of the habit mentloned were incontest- ably proven by disinterested witnesses, it does not appear to me important to discuss, at any length, the necessary or precise character of the effect ot such a vice upon mental power. in any other sense, or with an: other bearing upon the case, than I would be calle upon to consider the permanent effect of any other physi- eal habit, such as excessive indulgence in stimulating auors, the use of opium, or the tike. The proof of the ex- Istence'of such habits as'the latter, to excess, of course, s upon Courts the necessity’ of great caution in ‘and determining the testimony of mental ca- pacity; but unless such habits necessarily render a man @ lunatic or idiot, the essential inquiry is, after all, “What were the condition and capacity of mind at the time the will was made?” and if it appears that the effect of such habits had not been of such a degree as to render the tes- tator incapable of transacting his business affairs in a a! manner, and that, in fact, at the time the will ‘was made he understood ‘the matters involved therein— his relations to his family;-and, he in no manner by his facts or speech then indicated an unsound mind—the theory thata habit to which the testator was addicted caused or tended to unsoundness of mind is rendered ‘unimportant in the case. Now, as to the other view claimed by contestant, of the feeling of vindictiveness ‘on the part of the testator, from disappointment of his purposes toward the wile of his son, it would be an unwarranted strain of judgment for me to hold, as an inference, that the discrimination shown by the will against the contestant was on account of her re- fusal to yield to testator's desires, when I have before me sucti positive evidence of declarations of a totally difforent character and other reasons than those ascribed by the contestant tor such discrimination; and among larations and reasons of the testator was that his daughter, Mrs, Lucas, was the wife of a poor clergy- man and had teveral children, while George had none. In conclusion, therefore, 1 say that I do not find in the testimony of the contestint any saMcient proot to show that the decedent did not possess the sound and disposing mind and memory required by law to render him capable of making a testamentary disposition of his afaat ai It just di y, the professional the necessary May, naturally, soem to the contestant that his father should, by his will, have made the distinction he did, in tavor of his other children; but the right of a testator to dispose of his property s# may soem to him mt i solute ‘right conferred by law id possessed of testamentary pacity. That right By will, as an “act of legislation,” asit was inearly times called—so supreme was it—Is by our law sublect to no restriction or ‘condition, except that the dower of widows In reai estate is protected. and Provided giso that the forms of law as to execution are observed, and the statutory provisions against unlawful Gispositions are not violated; and it includes what is equivalent to an arbitrary power of discrimination be- n children or other relatives, or of excluding them altogether. ‘This right must, under the statute of wills, be upheld by the Courts, unless testamentary incapacity or some other ground of invalidity is established. The case before me, in my judgment, presents, in opposition, no sufficient evidence for the rejection ‘of the will in question; and the having been duly proved, as to both and Perse! estate, a decree of its admission ‘to probate will be accordingly entered. SUPREME COURT—GENERAL TERM, Terms of Holding Court Next Year. ‘The Justices of the Supreme Court assigned to hold the General Terms thereof in the First sudi- cial Department do hereby designate and appoint the following times and places for holding the General Terms of the said Court in the First Judi- cial Department for the years 1873 and 1874, viz. :— In cne Court House, in the city of New York, On the first Monday of January, On the first Monday of March, On the first Monday of ay ed 7On the first Monday oi October in each year. ‘Such terms to be continued as long asthe Jus- ices shall deem necessary for the disposition of the business before the General Term. D, P. INGRAHAM, Presiding Justice, WM. H. LEONARD, Justize. JOHN R. BRADY, Justice. New You«, Nov, 13, 1872. SUPREME COURT—CHAMBERS. By Judge Barrett. Arnold et al. vs. Glass.—Motion granted, with $10 costs. Gregory vs. Greggory.—Referred back for fur- ther proof. John Kisselmann vs. Christina Kisselmann.—Re- port confirmed and judgment of divorce granted. COURT CF COMMON PLEAS—SPECUA. TERM. Decisions. By Judge Larremore. Washburne vs. Porrett.—Extra allowance for $1,000 to defendant. johnson vs. Rolle.—Jndgment for plaintiff for Se sent tg controversy, with costs, Findings to led. SUPERIOR COURT—SPECIAL TERM. Decision. By Judge Curtis. The Swedish Evangelican Lutheran Churci va, Moses Wollroth,—Motion for reference granted, MARINE COURT—PART |. utes a Fraud ruptey, Before Jucge Gross. Alexaader T. Stewart and Others ys, Norman W. Kiagsley.—This was an action brought by the plain- site to recover the sum of $167 48 tor a Dil) of dry What Con in Bank- NEW YORK HERALD, SUNDAY, DECEMBER 15, 1872—QUADRUPLE SHEET. goods, sold by the plaintim to the defendant be- tween the Ist of May and the 28th of September, 1872, The defendant interposed an answer admitting the sale and delivery of the goods in question, but alleging that on the 15th day of June, 1872, he filed his petition in bankruptcy, and on the 26th of August was adjudged a bankrupt, and that by reason of the premises 80 much of the plaintifte’ claim as accrued prior to June 15—to wit, the sum of $50 58—became provable before the Register in Bankruptcy, and that the plaintiffs are not entitled to prosecute the same. e plaintitls’ counsel moved to strike ont this answer as frivolous, big Ma the plaintiffs had received no notice of the mice of a warrant in bankruptcy or any notice of a meeting of credit- ors to choose an assignee, or any other notice whatever of the proceedings in bankruptcy. It also Sppesen by the bill of particulars of the plaintiil’s demand in this action that the defend- ant commenced purchasing goods o! the plain- tifs on the ist of May, and kept on buying from them almost daily down to the 1st of October, just prior to the commence- ment of this action. The plaintiff's counsel claimed that the defendant was guilty of fraud in purchasing goods after the filing of his petition in bankruptcy, without notifying the of his proceedings in bankruptcy, and that the conduct of vhe same was a jraud on the part of the defendant. The Court granted the motion to strike out the answer as fri- volous, and ordered judgment thereon for the full amount claimed, with costs of the action, and $10 costs of the motion. Henry H. Rice for the plain- tiffs, F. C. Bowman for the defendant. MARINE COURT—PART 2, Decisions. Before Justice Joachimeen and Juries. Henry D. P. Allen vs. William Bowen—Action for breach of warranty of title of personal prop- erty.—Verdict for deiendant. * lenry Hartmann vs. George Froehlich—Action to recover amount of rents collected by defend- ant.—Verdict for plaintiff or $538 25. Mary McCaffany vs. Thomas White—Action for damages for assault and battery.—Verdict for plaintiff for $50, * John H. Harnett and John R. Flanagan vs. John Garvey—Action to recover compensation for pro- fessional advice, &c.—Verdict for plaintiffs for $250, Moritz Loeschitz vs, Levi J. Isaacs—Action against endorser of a promissory note.—Verdict for ee for $140 34, Edward H. Fosdick vs. Levi Bernstein et al.— Action on bond given to marshal on release of oar from attachment.—Verdict for plaintiff for MARINE COURT—SPECIAL TERM AND CHAMBERS. Decisions. Before Judge Gross, Alexander T. Stewart vs. Norman T. Kingsley.— Motion granted, Edward Maye vs. Charles Hamburgh.—Motion to vacate order of arrest denied. Anne Maria Geiger vs. Andrew R. Roessler.— Motion to vacate attachment granted. SURROGATES'S COURT—KINGS COUNTY. ‘ The wills of the following named persone, de- ceased, were admitted to probate in the Surro- gate’s Court during the week :— Jeromus Suydam, of the town of Flatlands; Robert Benson, of the town of New Utrecht: Mary Johnson, Sienna E, Smith, John Schwartz, Mary satons, and Olney Lovett, all of the city of rooklyn, Letters of administration were granted in the estates of the following named deceased persons, viz. :—Sarah 8. Colgate, Frederick Coons, rgaret Manning, Milton Ingersoll, Roseanna McDermott and Dwight Hiscox, all of the city of Brooklyn. Letters of guardianship of the person and estate of Rupert Jahla were granted to Andrew Jahia; of Raper Brehla and Joseph Brehla to ignate Brehla; ot Emma Underwood and Annie Ketcham to Ann Ketcham, their mother; of Bessie T. B. Benedict to William 0, Benedict ; of Ida Mary Hiscox to Charles B. Dickinson; of Estelle Mary Hiscox to Frank S. Raymond; of Mary J. Tilden, Ella G. Hartough, Oliver A. Tilden and Louis A. ‘Tilden to Amanda E. Holmes; all of the city of Brooklyn, STOKES TO BE TRIED BEFORE JUDGE PRATT, OF BROOKLYN, ‘The counsel of Stokes had an interview yesterday with Judge Ingraham of the Supreme Court, who is holding the present term of the Court of Oyer and Terminer, in regard to Stokes’ trial. It was arranged to have the case called to-morrow in the Oyer and Terminer, and the trial set down per- emptorily for Wednesday. It is ramored, however, that the trial will not take place before any of the Judges of this district, but that Judge Pratt, of Brooklyn, will try the case. UNITED STATES SUPREME COURT, WASHINGTON. D, C., Dec. 14, 1872. + No. 71. Hanrick, administrator, vs. Barton et al.—Error to the Circuit Court for the Western Dis- trict of Texas.—This suit was brought to try title to eleven leagues of land situated in the county of Falls, Texas, and, as alleged in the petition, for- mally granted by the proper authorites of the States of Cohahuila and Texas to one De La Serda. The case was tried before the Court, cy being waived, and the decision was that the plain- tiff failed to establish a legal derivative title from Serda, the original grantee. ‘The evidence was altogether documentary, and two deeds relied on He the plqintif’ to show title from Serda were ex- cluded; one because, the original being lost, ai affidavit of the loss had not been made three days before the trial, and notice of filing of the aMidavit had not been given; the other because it was held to be only a_ defective or imperfect conveyance, not passing a legal title, but requiring the aid of a court of equity or a more formal execution, to completely vest the fee, so as to sustain an action at law. It is here contended that by the decisions of this Court the proof of loss in such a case will be re- ceived at any time on the trial, and the first deed was therefore excluded by error; and that the ob- jection to the second one would not be good in the courts of Texas, W. G. Hale for plaintiff in error; G. F. Moore for defendants. THE SHOOTING OF JULIA SMITH. The Girl will Probably Recover—Har- rington Not Yet Found by the Police. The young girl named Julia Smith, who was shot in the lungs by John Harrington on Friday morn- ing, at 61 Bayard street, and who has been in a critical condition ever since, may possibly recover. Dr. Amabile, the house surgeon of the Park Hospital, informed a HERALD reporter last evening that, though suffering greatly from the wound, and _ breathing with aiMculty, she is now quite conscious and rational, and talks with considerable vivacity. Julia Smith says that she is heartily sorry for her pa#t miscon- duct and ylatons lite, and promises sincerely to amend it if God spares her lite, Yesterday afternoon the Rev. Father Brophy, @ Roman Catholic clergyman, visited her and heard her confession, after which she received the Eucharist, and was gnnointed in case death should supervene. All hef old companions seem heartily sorry for poor Julia, who is perhaps more sinned against than sinning, and they have mani- fested much concern about her fate. Harrington has not yet been captured, but it is thought that he cannot escape much longer, as his whereabouts last night has been ascertained, and the officers of Captain Kennedy's precinct are hot upon his tracks. Captain Kennedy is doing a good deal of hard work in the case, and it is probable that Har- rington will be found in some low den, perhaps, before Monday morning. It is pretty certain that ge a has not left the city as yet. The girl Rosy Wilson and Mer friend, John Forney, are still detained at the Sixth ward station house. THIEVES OF THE EAST BIVER. Yesterday morning three men were observed to steal some iron from Pier 48 East River, foot of Clinton street, and lower it into a boat, but before they could be arrested they started across the river to Williamsburg. The oficers of police and watchmen aboard the shipping along the docks opened a rapid firing at them with their revolvers, which prepared the police of Brooklyn to receive them, but, in spite of all their efforts, the thieves succeeded in effecting a Cae After a short chase Officer Forbes, of the Fifth precinct, captured one of the rascals, who gave his name as Thomas Day, resid- ing at No. 230 Monroe street. He denied any con- nection with the boat, but acknowledged that he knew who were in it. The boat now lies at the foot of Broadway, and is marked “J. Moss” on the inside of her bows. ¢ ALLEGED FORGERY. Buying a Liquor Store on Fictitious Seearity, Albert J. Smith, of 173 and 175 Chambers street, complained before Justice Dowling against Patrick O'Neill for forgery. O'Neill, it appears, desired to purchase a liquor store at 11 Park row, and on the 7th of December last applied to Smith to nego- tiate the same. He offered his note for $1,000 in payment, which Smith agreed to accept, provided he would procure a good endorser. O'Neill returned with the note, Dearing the en- Aorsement of William Sheridan, of 48 Roosevelt street. Smith, knowing Sheridan, ‘accepted the note and placed O'Neill in charge of the store a8 proprietor. Sheridan has since repudiated the alleged endorsement and yesterday Sinith caused O'Neili'’s arrest. On being arraigned O'Neti! claimed to have acted under a power of attorney from Sheridan, running for the it three FA fete and had acted as agent for the latter in all usiness matters. He was held by Justice Dowling in the sum of $1,000 to answer, THE FIFTH AVENUE HOTEL DISASTER The Funeral of the Victims of the Fire Yesterday. Imposing Ceremonies in St. Fran- eis Xavier’s Church. SERMON BY FAT: DUBRESSE. The Last Act im a Sad Tragedy. Conclusion of the Fire Mar- shal’s Investigation, ‘The closing act in the Fifth Avenue Hotel tragedy Was performed yesterday morning. Amid the lamentations and weeping of relatives and friends the bodies of the victims of the disaster were con- signed to their last resting place in Calvary Ceme- very. At nine o’clock an unusual spectacle could be witnessed in front of the Morgue at Bellevue Hospital. Drawn up at the gates were eight hearses, a hearse for each body that was tobe buried. The remains had been removed the pre- vious evening from the hospital coffins to those that were furnished by the Fifth Avenue Hotel pro- prietors, so that everything might be in readiness when the undertaker should arrive. They were quickly transferred to the hearses, which slowly moved away from the gates when they had re- ceived their contents. THE MORNING WAS BITTERLY COLD, but, notwithstanding, a dense crowd of spectators assembled on Twenty-sixth street, which waited patiently until the last trace of the mournful cav- alcade had disappeared from sight. When the hearses had gone the crowds dispersed and the Morgue resumed the appearance it usually pre- sents, except in cases of extraordinary excite- ment. Notsimce the memorable Westfield disaster have there been such scenes to be witnessed at the hospital as during the past week, and it is to be fervently hoped that it will be long ere another tragedy so mournful and heartrending will call forth the sympathy and curiosity of the populace, ON THE ROUTE TO THE CHURCH the streets were lined with people, and the windows of the houses were filled with spectators, Those who did not know what the strange procession meant paused in wonder while the eight nearses were peeeig, but the explanation was soon forth- coming. ‘It is the funeral of the poor victims of the Fifth Avenue Hotel fire.” In front of the Church of St. Francis Xavier, in West Sixteenth street, the relatives and FRIENDS OF THE DECRASED were drawn up awaiting the arrival of the cortége. A small force of police kept order, and there was no unnecessary crowding or fost e when the hearses arrived at the church the coffins were taken out and, amid solemn, silence, carried into the sacred edifice and deposited in a row along the middie aisle. The» sight presented on entering was @ Py affecting one, The altar was draped in deep mourning, black underground, with a white fringe. The candles were encircled in black, with white rosettes in the centre, while the sides of the gal- leries were also draped. The church was fliled principally with the friends of the deceased and their fellow servants, AS many of the latter as could be conveniently spared from their duties at the hotel were allowed to be present, and the faces of all of them wore an expression of sadness, com- bined with thankfulness at their own narrow escape FROM THE AWFUL FATE which befel the girls whose remains lay before them. Mingled with the servants were a number of fashionably dressed females, who devoutly mingled their prayers with those of the officiating clergyman for the repose of the souls of the unfor- tunate girls. The galleries were well filled, prin- cipally with spectators who came attracted by curiosity, who are always to be found on hand when there is a sensation in the wind. On each side of the head of the first coffin three candles were burning. A soiemn requiem high mass was celebrated by Father Dubresse, who was clad in his mourning vestments. As the services pro- ceeded a deep sitenee Br vailed, broken now apd then by the soba of the wourters THE SERMON. At the conclusion of the mass Father Dubresse advanced to the front of the altar steps and de- livered the following address. He said:—It is a solemn occasion that calls upon us to be present to-day. It is peculiarly solemn when so many re- mains are brought to be interred, What lessons May we not learn from the spectacle! None of us. are sure of our lives for a single moment. No one can tell, if he is living to-day, but he may be a corpse on the morrow. What does this truth impress upon our minds, It teaches us:that we should have our reliance placed on the Son of the living God, who in His Gospel has told us:—‘‘Be pre ared, for you know not the day or the hour.’ ‘onsecrate your lives toGod; He made you and created and rendered you responsible for your actions. Except our life is spent in accordance with His word, at he end of it wothing will remain but pain and misery and suffering. But if you live in conformity with His will and keep His com- mandments, listen to the voice of His chosen servants who are sent to point out the way of the Church, obey the ordinances of the Church and live godly lives, the end will be rest and peace. The unfortunate victims whe lie belore you were most of them FAITHFUL TO THEIR GOD and attentive to His commands, and we therefore can pray for them, in faith and hope, that God will release them from the remnants of the sins which cling to the most just. We have offered the sacri- fice of the mass this morning, the same sacrifice that was offered upon Mount Calvary; and we have prayed. that they may be relieved from their suffer- ings. You who are friends of the departed cease not to pray for the repose of their souls. Be con- stant in your devotions by day and by night, and I doubt not that your supplications will be eftica- cious. {would exhort you for yourselves to be ye also ready, that when you are called upon for your final account you may he prepared to render an account of your sins upon earth, and, having gained the satisfaction of your God and Father, en- Joy with him a blessed eternity. At the conclusion of the address, Father Dubresse advanced down the aisle and sprinkled sweet INCENSE UPON THE COFFINS, after which the services were concluded. When the religious part of the ceremony was over, the friends of the dead girls filed past the remains. The inscriptions on the coffins were eagerly scanned. Many of the women were loud in their lamentations over the untimely fate of their late companions and wept bitterly. The coffins were of lain® black walnut, studded with silver screws. ere were no ornaments or decorations of any kind. No flowers were strewn around, and, strange to say, during the entire service there was no music. The names of the girls who w paved yesterday were Delia Cummings, Mai orday, Margaret Conners, Elizabeth Moran, rgaret Campbell, Kate Cushing and Mary Donneily. The other three victims—Mary McCabe, Mary Ann Fagan and Honora Ward—have been already interred by their friends, but the expenses of the funerals, as stated yesterday, will be borne by the proprietors of the otel When the friends of the deceased had been af- forded an opportunity of viewing the coffins they were slowly raised by the undertaker and his as- sistants and placed in the hearses, To add to the impressiveness of the scene the windows were darkened, leaving only a dim, religious light in the edifice. As each body was i in the hearse the latter moved away and took up a position on the street, When all had been deposited the carriages, eighteen in number, were FILLED WITH THE SERVANTS from the hotel, and the cavaicade moved away. The carriages were wholly inadequate to accom- modate the servants who wished to attend, and many of the male domestics were forced to pro- ceed on foot. The undertaker did not anticipate that there would be such a large attendance, and hence the inguMiciency of the vehicies. The cor- ee aes Sixteenth street to Broadway, and from thence to the Thirty-fourth street ferry to Calvary Cemetery, where the remains were in- terred. The bodies were placed in eight separate graves, 80 that any of the relatives who in tuture may wish to claim the remains may be afforded an opportunity to do so. ‘Thus ends the last scene in the fearful tragedy of Tuesday—a tragedy which is almost without paral- Jel im the history of conflagrations, Two ef the finest cities in the Union have, within little more thana year, been partially destroyed; bat while there was a vast amount of property destroyed no such mournful scene as that of yesterday had to be chromicied. The spectators yesterday privately prayed that such another spectacle would be never witnessed in the city—a@ prayer that is fervently echoed by al) citizen! nd while we say, “Peace to the ashes of the victims,” may we never again be called to write op & similar disaster and a simi- Jar funeral. Conclusion of the Fire Marsh. tu tion. The following testimony was taken by Fire Mar. shal MeSpedon yesterday in the caxe of the fre at the Fifth Avenue Hotel :— Michae) Cruicksband said —T live at 416 Rast Six teenth street; ama night watciman at the Fifth ‘s Inves- Avenue Hotel: 1 have charge af she sixth floor, and also look alter the girls’ attic; I report for duty at half-past six P. M. and am relieved at half-past six A. M.; on the night of the fire I went up to the atti¢, as usual, at half-past ten o'clock, and cried the hour and then I went on my rounds; I was up in the attic again, and on coming down! met the Superintendent, who was looking for me; we stood talking together on my hall, near the passageway leading to the servants’ staircase; I asked the Su- perintendent what time it was when we were talking there and he said it was a quarter to eleven; after leaving him 1 went my rounds about twice, and on coming around irom the Twenty-fourth street side the chambermaid, who was sitting about the middle of the front hall, told me there was fire on the ‘Twenty-third street side—that some boy had told her; 1 first gave the alarm to the office and then in the direction of the fire, and saw sinoke coming from the passagewaway leading to the servants’ stairway; got my hose out and turned on the water, and then opened the door of the passage and played water On the fire until the smoke and blaze drove me away and I snut the door; when I first opened the door and put the hose in there was thick smoke, but no flames up there; I could not get to the attic for the smoke, but I oried as loud as f could to alarm the girls; I heard no noise in the attic; have been employed in the house for two years; there has been but one fire since I have been there; that occurred somewhere on this ser- vants’ stairway, but it did not amount to much; the watchmen in the house are drilled in the use of the hose several times a month by the engineer and head porter ; the hose is always attached to the connections, and the pipe is on the hose; all that I had to do at the time of a fire was to turn on the water and run my pipe right to the fire; the leading from my to the servants’ stairway isa self-locking door; it was unlocked by me when I carried the hose into the passageway ; I cannot say that I closed it when I came from t! attic previous to the fire; I sometimes leave it un- latehed; all the girls who have a right to pass through that door have @ key to it; I am not aware that an; of the girls escaped down the stairway and through the passage to my hall; I heard = several of the girls on their way up_ stairs while I was talking to the superintendent; it is the duty of the superintendent to see that all the men are doing their duty; his name is Thomas Reagan; he is around the house until twelve o’clock at night, and after twelve o’clock Iam seas to go to the attic and ring @ bell communicating with he ofiice every filteen minutes; if I lailto. do so 1 am obliged to give the night clerk a good reason for my failure. TESTIMONY OF CHARLES W. GRISWOLD. Charlies W. Griswold said:—I am one of the pro- prietors of the Fifth Avenue Hotel; at the time of the fire I was in my room, 171, corner of Broadway and Twenty-third street, on the fourth floor; the Watchman on my floor (Morgan) came and gave me the alarm; I had passed in the immediate vicin- ity of where the fire originated three times be- tween twenty minutes of eleven and the time of getting the alarm; the last time must have been about eleven o’clock; I went direct from tne ofice to my room by the main stair case and liad been in my room but five minutes when I heard the alarm; I sent Mor- in to call Mr. Darling, who lives opposite the tel, 40 West ‘I'wenty-third street, and I went directly to the fre apparatus on my floor to turn on the water; smoke was then coming out of the passage leading from the servants’ stairway; the corridor of the fourth floor over the dining room ‘was filled with smoke and many people leaving their rooms; I found the hose gone, and have learned that it had been previously taken by a watchman to couple on to the hose on a floor below; looking from the windows of the corridor adjoining room 225 I could see the fire burnin, furiously in the rooms on the servants’ staircase ; then went to the office by the main staircase; I met Mr. Evans on the staircase, and said to him, “Evans, go out and give the aiarm, we have got a terrific fire; going to the office, I called two of the clerks, Mr. Gage and Mr, Vilas, ana gave them orders not to leave the office, and then went im- mediately to the top of the building; finding the water did not run from the connection in the front part of the sixth floor, 1 went immediately down stairs and met the fireman coming up; the reason the water would not run from the main was because they had brought all the force of the pumps to bear on the other main in the engine room; on meeting the fireman I turn: back, and when I got to the roof I found they had got water from the main im front, TESTIMONY OF JOHN WEBB. John Webb said:—I am night clerk at the Fifth Avenue Hotel; I retired on the night of the fire at ten minutes of eleven; my room is 347, on the sixth floor, the third room west of the passage way lead- ing to the girls’ staircase; | had gone to sleep and was called by Mrs. Ellis, occupying 346; she told me the house was on fire; I opened the door and found the hall full of smoke; Iran at once to the guests’ stairway on the Twenty-third street side and found | could get down stairs without dificulty; [ then went to my room, got my clothing and went around to the stairs on Fifth avenue side; went down one flight of stairs and entered a vacant room to put on my clothes; on putting my watch in my vest pocket I looked at the time; it was just ten minutes past eleven; I then went back to the sixth floor and coupled the hose at the Fifth avenue main; I passed the hose out on the roof of the dining room, bring- ing the stream to bear directly on the head of the gtaipway 1n the attic; aiter getting this stream on IT went back to the main to see if the valye wis fully open; fore Send all right I ran up to the pri- vate attic to sce If the stopcock Was a right there ; found that all right; came bac! sixth floor; heard several cry, ‘Where is the fire?” and saw the Chief of the Fire Department; I led them through the house to the roof of the dining room building, and they puta stream directly in at the attic win- dow at the head of the stairs; I have repeatedly instructed the watchman that, in case a fire oc- cured which was likely to endanger the servants in the attic, to break open the doors leading from their attic to the private attic; McGinty, one of the watchmen, seeing the danger, ran up to the pri- vate attic, and with an axe broke open the door and letthe girls out. IMONY OF JONN W. EVANS. J. W. Evans said :—I am receiver of the market- ing and other goods that come in at the Twenty- fourth street door of the Fiith Avenue Hotel; my room is 421, in the private attic; I was in bed asleep at the time of the fire, and was woke up by the noise, cries of “‘Fire!’? and so fortn; I dressed myself as rapidly as possible and started down stairs; on my way down I met Mr. Griswold, L think on the fifth floor, on the stairs leading down from that floor; he told me to give the alarm; [ went down to the strect by the front door to send out the alarm to the Fire Department, and found there were engines there already; I had no key to the alarm box, but was going to send the alarm from Mr, Jones’ house in yes ani street, next door to the hotel, understanding that he had a private alarm; I have heard since the fire that there was a key to the alarm box ment in the office ; ‘Was not aware of this at the time of the fire. ‘TESTIMONY OF JAMES MCDERMOTT: James McDermott said:—I am head fireman at the Fifth Avenue Hotel; I was asleep in bed at the time of the fire; my room is 554 ip the men’s attic, ‘Twenty-fourth street side of the house; I was woke up by acry of “Fire” in the attic; I dressed myselfas quickly as possible and ran right down the back stairway on the Twenty-fourth street side; went to the pump in the basement; found the hose stretched through a billiard room in the direction of the laundry; the pump was not in motion; I turned the valve and set the pump going; I went back upstairs by the main stairway; think I met Mr. Griswold on the fourth floor, on which his rooms are located; he told me to go and rap at the doors and give the alarm; I did so, and meeting one of the firemen I told him to do the same; I knew the fire was on the ey third street side of the house, as I heard the girls screaming while | was on the way down stairs, ‘The investigation of the Fire Marshal was here | concluded, The Fire Marshal's Opinion, The following is the opinion of Fire Marshal | McSpedon regarding the origin and progress of tne fire:— After a vareful personal examination, and ex- hausting every available witness that we could procure in relation to the origin of the fire which occurred at the Fifth Avenue Hotel on the 10th inst., by which eleven lives were lost, I have arrived at the lollowing conclusion :—First, there is no reom for doubt that the fire originated in room No. 505, occupied by Mary Groves, the room being situated inside the servants’ hall, between the second and third floors of the hotel (two floors in servants’ quarters where but one in that part of the house used by guests). Room No. 505 is 6x9 feet. The bed si on the east side of the room and an ele- vator in the southwest corner. This elevator ran from the laundry in the basement to the top of the house, through reoms similar to No, 505, Now, for the cause of fire. From some unfortunate acci- dent—possibly from stepping on a match when get- ting Into bed—her garments have been set on fire, They have smouidered until after she feliinto sleep, when the flame has burst forth. The draft through the elevator has carried both fire and smoke from the room to the top of the house before the heat became suMicient to wake the sleeping woman. When she did awake her face was badly burned, but her body being covered with the bedcloths was protected, ler room was then allin flames, Sheran m it (left her door open) out into the corridor into the main ee and gave the first alarm to the inmates the hotel, by this time I am fully that the dormitory occupied by the servants was filled to su(focation with smoke and flame carried through the elevator to that _— My opinion is that the sufferers were suffocated before being burned, inasmuch asthe fire had to burn from the hallway through the partition walls into their rooms _be- fore the fire reachea their bodies, which Would consume some fifteen or Poot minutes. The dormitory naturally filled wit! smoke and fire first, and as the upper stories filled 1t backed down and showed fire and smoke in the stories below. This accounts for the fire being discovered almost simultaneously on all the floors, The screams of the girlsin the dormitories were heard almost immediately on the discovery of the fire below. . THOMAS McSPEDON, Fire Marshal. More Aid for the Sufferers. Panwen House, Dec. 14, 1872, TO THe EDITOR OF THE HERALD: Enclosed is $10, which you will please accent from the employés of the Parker House in ald og the sufferers of the Fifth Avenue Hotel fire. 4 GOOD suGaxsTION, NAVAL ACADEMY, ANNAPOLIS, Md., Dec, 12, 1872. To THE Eprror oy THE HERALD:— In your paper of yesterday I noticed the burning of the Fifth Avenue Hotel and great loss of life attending. Some time since, after the burning of one of our Western hoteis, I sent an idea to the Baltimore Sun, which idea was published in that paper—viz., that a law should be passed forcing all hotel keepers, &c., to have what sailors call a Jacob ladder securely fastened under ane window in each room in the house, suficiently strong to bear the weight of at least two persons, one end se- curely fastened in the room and of length to reach the ground. This ladder could be put, when not in use, in a box made for its a directly under the window, and this box covid be made an ornament to the room. Now, the pian is this—in case of an glarm the occupants of the room could take off the lid of the box, unroll the ladder, open the window and throw it out, the people below could take the = end and steady it, or in case of timid persons & man could go up and help them. By this Means every room would have an independent mode of escaping outside the building. ‘The lad- ders take up very little room. Aman could carry 100 feet under his arm. Also the passage for the elevator in case of a fire is like a furnace chimney. There should be a way to close those’ instantly at every separate story. If you think this worth pub- lishing you can make it known. I think it would be @ benefit to society at large. Reapacttuy a “DE MORTUIS, &¢.”” To THE EDITOR OF THE HERALD:— The manly, outspoken manner in which you have commentett upon the late terrible disaster, the buri.ing of the Filth Avenue Hotel, deserves, as it receives, the commendation of the world. There are, however, in New England a few soulless ersons, commonly known as “Catholic jaters,”’ who, in speaking of that sad disaster, attribute the cause to the servants being intoxi- cated. In justice to those poor, but vir- tuous and Christian girls, let it be said— I mean to the New Haven (Conn.) Press—that such blasphemous lies could only originate in the mind of @ heartless sectarian bigot; and for the editor of a paper published so near the sad scene to mistake the facts of the case there can be no excuse, either for his ignorance of the facts or for his version of the same. The HERALD being the American journal, to it-all look for the truth, and in giving the same you have dared to place the blame where it belongs—i. e., on the heads of the proprietors, Yours, respectiully, JOSEPH E. HAYDEN. FIRE ESCAPES WANTED, To THe EpiToR or THE HERALD:— Are the landlords obliged to have a mode of escape for inmates in case of a fire breaking out in their houses’ We domestics are afraid to go to sleep after a long day’s work lest we may be roasted alive. Should a fire occur in here we have no mode of escape. Why not oblige them to have fire escapes? For God’s sake make them see to the safety of domestics. Yours, respectfully, No. 835 BROADWAY. ‘What a Fireman Says. New York, Dec. 13, 1872, To rae EDITOR OF THE HERALD:— 1 saw to-day an account of the interview of one of your reporters with the Superintendent of Build- ings and I desire to say a few words in contradic- tion. The gentleman says if the old department was in existence it never would have allowed the fire at the Fifth Avenue Hotel to gain such head- way; that the old department put out more fires on still alarms .than the present; that old Five Engine, in Ann atreet, put out so many fires, that the force of the present department is too small, &c. Now, in answer to the above, I would ask the gentleman ifhe has ever noticed the statistics of this department. The last annual report shows 1,370 fires, of which 660 were still alarms and 710 bell alarms, with a total loss of $1,633,253. Twelve hundred and ninety-one of these fires were contined to the buildings in which they originated. Enough on this score. Now, then, asto the numbers in the department. Can the Superintendent name many companies of the old department where more than twelve men per- formed the actual fire duty? Our statistics answer for the still alarms. Now turn to old Five. Does the Superintendent remember the fire that burned through the block from Beekman to Ann street, up to the back door of Five’s house ; the fire that burned through from Beekman to Ann street on the block below Five’s house, and buried their engine in the ruins; the fire from Beekman to Ful- ton street, on both sides of Pearl street, and many others in the same locality that are unnecessary to mention? I do not wish to take from the old de- partment any credit they are entitled to, as I had the honor of belonging to the same company with the honorable Superintendent, and do not eVer re- member seeing him with his clothes wet; but if he thinks he can cover up his neglect of allowing the 10,000 man-traps to be built up in this city by such statements as these he is mistaken, as he will soon find out from an outraged public. Let him look to his Grand Central tinder-box, which will probably be next, and let the Fire Department receive its just reward from an unprejudiced public. A FIREMAN OF THE PRESENT DEPARTMENT. SKATING. _ “A Fancy Fellow” Presents His Case and Talks Back. To THE EDITOR OF THE HERALD :— { have never troubled the columns of the best paper in the country with any comments upon any subject broached therein, but your article of yesterday upon “The Skating Sea- son” contains such a glaring error—although un- doubtedly arising from the ignorance of your re- porter—that I beg leave to correct the mistake for the benefit of the skating fraternity and a more correct understanding of the position of affairs. Having been closely connected with skat- ing—never, however, with any hope of gain—devot- ing years of my time to the advancement of the art in an bumble way, I may possibly feel more sen- sitively than many others the off-hand insolence of your reporter in his reference to “a few fancy fel- lows” who, he says, “want the Commissioners to set aside a portion of one of the lakes for their ex- clusive use,’ Isuppose I am a “fancy fellow,” although not connected in any way with any club or organiza- tion, for, altnough I had not the Liigtente 4 of doing so, I would certainly have joined with others in making the request as above, for good and suffi- cient reasons. First—No good skater can skate upon the Park ponds without invariably drawing & crowa of peo- ple, Particularly boys, who, if the skater e a lady, almost always indulge in vul- gar and obscene remarks within earshot of the skater. The consequence of the formation of these crowds 1s a gruff order from some police- man to the s! r to leave the pond. Ihave seen this repeatedly done. The good skaters by every means: and device strive to avoid these persistent crowds, and innocently skating well, because they cannot help it, are driven from the ice or told that they must not skate. Second—To these ‘fancy fellows” the community owe nearly al! the advantages presented in the many improvements in skating facilities, in skates and in the advancement of the art; and it is their due, outside of other reasons, that they should be shown at least much favor as the tce-carvers who bestraddie the ponds and hynt good skaters away with such pertinacity. | Must a skater be tabooed because he has surticient persistence in the art, coupled with adequate brain to work out new and graceful movements, and enough enteprise to desire to elevate the sport of skating to an art’ Must we always con over the school “Reader” and never rise to the magnificence of Shakspeare and the classics ? Third—Allow me to ask your reporter if he is aware of the fact that there is a pond strictly re- served vied year for the occasional practice by a very few of @ Scotch game, and every facility offered them for their enjoyment of the sport of their “native heath’ and permit me also to ask, in view of this fact, if he ever read that ‘‘consist- ency is a jewel?” Some years ago @ small portion of the lake, in an out of the way parts was given to the New York Skating Club—then the only organization of the kind 1n the city—and I have yet to hear that any haman being was deprived of any enjoyment be- cause the ladies and gentlemen of that club were out of the reach of insulting remarks, but the con- trary, worthy emulation was manifested by those whe indulged in this noble spert, which has oe itselt in the progress they have since made, The question seems to rese@lve into this:—Have good skaters any rights at ullon the ponds? Cer- tainly not, as they have been regulated thus iar. If they may have, in the future, it must be by the granting of such a simple favor as the reservation of a small portion of the ice where all good skaters, irrespective of organizations. may skate in peace, and where ladies may be protected from the in- solence of men or the obscene epithets of raga- muffins. Tam, very humbi reporter politely ct villanous neck.” a “tancy fellow” who, as your skate ‘‘without breaking my MARVIN R, CLARK. SKATING CARNIVAL IN HOBOKEN, Last evening the new skating park, at the corner of Ninth and Grand streets, was formally thrown open to the public amid the clang and rat-a-plan of & brass band. The circuit of the pond was gaily decorated with Chinese lanterns nd the pond itself presented an ani- mated appearance, Many of the skating celebrities of both sexes—some of them wearin; tasks—appeared on Bedoes: floor for the firs! time this season, and sailed around in curves which might well bate the investigations of a mathem: Owing to the moderate charge for admi: sion—twenty-five cents—there was a fair sprink- ling of young democracy among the throng. Racing, dancing and other amusements Were cautinued to ab advanced hour, % “MURDER WILL OUT.” Incarceration of an Alleged French Mur- derer in Ludlow Street Jail. ae Interview with the Prisoner—His Real Name and Antecedents—He Admits Being a Fraud- ulent Bankrupt, but Denies Being Con- nected with the Canteleu Tragedy. In Friday’s HERALD there appeared a brief state» ment to the effect that a Frenchman, named Ber- tin, had been taken before the United States Court, charged with murder in France, and that a motion had been made for his extradition. Yesterday afternoon a reporter of this paper called upon Messrs, Coudert Brothers, the lawyers and counsel for the French government in this city, with re- Spect to the prisoner. Mr. Leon Coudert stated :— “Bertin, or whatever his name is,’has told me two stories—the first one, that his name is Bertin, and that he was employed at Paris with M. Lefrancois. I have cabled a message to investigate this mat ter,” said Mr. Coudert, “nut I have received no answer. The second statement made by him is that his name is Edouard Dutot, a fugitive. bank- rupt, from the town of Evercux, AN IMPORTANT POINT. When I arrested him on board the Calabria f noticed two scratches on his face—one on his nose and the other on his brow, I consider this impor- tant, as the woman he ig alleged to have nearly murdered states that sh@believes she marked her assailant with her nails,” INTERVIEW WITH A HERALD REPORTER. The prisorier was found subsequently at Ludlow Street Jail in cell 62, which is situated on the third landing, and is known as Counterfeiters’ row. He is of strikingly unprepossessing appearance, with low brow, scowling eyes, flattened nose and coarse, animal mouth and chin, surmounted by a tangled mass of dark hair; and whether he be innoocent or guilty of the murder in question, possesses a thor” oughly Penitentiary appearance. HIS REAL NAME, “My realname is Edward Dutot. I was born in 1839, in Aletot, inthe Department of the Seime Im- périeure. I am a@ manufacturer of cheese at Evereux, at No. 4 Rue St. Leger, and, being on the verge of bankruptcy, owing about four thousand francs to my creditors, I took flight from France and assumed the name’ of my dead grandfather, Pierre Bertin. My parents lived with me at Evereux. [have no passport with me, I leit itat the hotel at Liverpool. I have a letter of introduc- tion to Mr. Thomas Mass, at 22 Kast Houston street, given me by the French hotel keeper at Liverpool, where 1 stopped. Lleft Evereux on the 26th No- vember and went to Paris, with fifty francs in my pocket. When I got there I received 400 francs from my agent there for cheese. His name 1s Mr. Gau- tier and he lives at 82 Rue St. Denis, “I once had a relative in Canteleu called Madame Angot, who kept a farm, but she is now dead; but I have not been there for a dozen years. If | am taken back to France I shall be imprisoned for fraudulent bankruptcy. innocent of the crime of assassination. I assure you I have never had anything to do with the police authorities in my life before this. During the war in Frauce I was in the Thirty-fourth infantry regiment, and was in the Seventh company and First battalion, and was on duty at Cherbourg and other p! ‘The reason I told Mr. Coudert my name was Pierre Bertin was because I was afraid of being sent back to Franco for fraudulent bankruptcy, I did work with Le- francois at Paris, but it was four years ago. L worked as @ farm laborer till twenty-six, and I have also worked as a servant and as a coachman, I have no wife or family. I have read about the murder at Canteleu in several papers, The woman was not dead, I believe, when | leit France. Evereux is eighty-eight kilometres from Paris and about forty kilometers from Canteleu, I think.” THE MURDER AS TOLD BY THE FRENCH PRESS. A terrible crime was committed on the 22d of November in the neighborhood of Rouen, on the high road leading to Cantelen, and of which the following are the principal details:—lt appears that at nine o’clock in the evening on the day in question Mr. Luce, living at Oantelen, heard the piercing screams as of a woman tn distress, and astily calling to his aid several of the neighbors, including a> police officer, the party ran in the direction from whence the cries proceeded. They had not proceeded far wen they found TRACES OF BLOOD ON THE ROAD, which were manifest in spite of the darkness of the night; and, following the bloody trail, they soon discovered two inanimate bodies. The first one recognized was Mr. Luce’s boy, Delphin, of nin years of uge, perfectly dead, and the second was that of a Miss Justine Boulard, a beautiful and handsome girl of twenty years of age, whoappeared to be likewise dead. After some time it was seen that life remained in her, and after having her ghastly wounds dressea she was able to give the Jollowing account of the murderous work which had just transpired. COLD-BLOODED ASSASSINATION. The following is the substance of her stato- ment :—While returning home from her workshop with young Luce she saw, while mounting the road which leads into Canteleu, a man who was following them ; after dodging him for some time he quickened his step and came up with them, and upli(ting bis arm he struck the boy ever the head with a heavy instrument, KILLING HIM ON THE SPOT. Mademoiselle Boulard then took to flight and ate tempted to escape from the murderer, but be soon overtook her ‘and commenced striking her over the head with all his force ‘with the same murderous weapon. At last, thinking that she was dead, ne ouseee her body about thirty feet along the road to the spot where it was found by Mr. Luce and his friends, It is surmised that the murderer's inten- tion was to drag the bodies off the road and to hiae or bury them, to obiiterate all traces of the crime; but the cries of the woman caused this work to be left undone and made him take to flight, in the direction of the Seine, it is supposed, On the of Miss Boulard, who was about to be mar- ried within a few days, her watch-and purse, con- taining money, were found intact, showing that no attempt to rob her had been ma LATER DETAILS, A large concourse of people on the following day visited the scene of the =n and gazed on ee tl sanguinary traces on the high road. Rumors of all kinds were rife as to who the murderer was. At first it was reported that the assassin was @ Prus- stan hussar, who had killed her through jealousy; and, mS fact, exaggerated accounts of all kinds were a MISS JUSTINE BOULARD’S ANTE-MORTEM DEPOSITION. Subsequently Miss Boulard recovered her con- sciousness, and stated to the priest, who watched incessantly at her bedside :—I st1 led with all might and main against my assailant; he stare: very impudently at us, and was alnging just before he attacked us. I have never seen him in my life, but should reco; him, I feel confident, if I was to see in. He was about thirty-five years of age, short an stoutly built; ne carried an overceat on his arm and wore a short waistcoat. Young Luce clasped hold of my petticoats and pee me to protect him, and prevented me, in so doing, from defend- ing myself a3 well as I should otherwise have been able to do. ‘OLD THE POOR CHILD TO RUN AWAY and save himself, but he was paralyzed thi fear, as I also was. The assassin struck me in the face repeated blows, probably with the intention of stunning me. He was going to throw me into the ditch near the road, and | fought him with des- peration, scratching his face severely, I think. BREATHLESS, BLEEDING AND EXHAUSTED, I said to him, “I am about dying; let me be taken home to my mother!’ All the answer he made was to kick me inthe stomach with all his might; that is all [remember, for subsequently I lost con- sciousness. I forgot to state that he had a little white dog with curly hair with him, WILLIAMSBURG KENO. Twenty-Six Gamblers Arrested—All the Principals Discharged. At about ten o'clock on Friday night Captain Mullen, of the Sixth precinct, with a platoon of police, made a descent on the keno game in the basement of 527 Grand street, Williamsburg, and captured the proprietors and twenty-three play- ers, among whom were several prominent citizens and politicians of the section of the city in which the raid was made, ‘The game was held in the rear of the barroom of Messrs, Brennan & Orr, and in order to securo evidence to justify the action of the pol three ofMicers in citizen’s clothes were detailed to visit the place in advance of the platoon, and secure the prevention of any escape by the rear entrance to the institution, ‘The whole affair was not only admirably planned, _but executed as well, not one person et ing or receiving the slightest intimation until not of the raid by the presence of the pol lice, who, after securing all present, took therm, to, the station nous corner of Stagg street and wick Boule- var Yesterday morning they were taken before Jus- tice Reilly, who on the bench of the Fifth Dis- trict Court in the absence of Justice Eames (who is il with inflam ry rheumatism), after giving their names, occupations and ces, the players were discharged with a reprimand, the proprietors, Brennan, Orr and Mills, only being held in $500 to answer, Professor Tyndall is to commence # course Of lec tures on “Light and Heat,’ on Tuesday evening, at the Cooper Institute, This course is expected to Le unusually insiructive aud entertaining,