The New York Herald Newspaper, December 18, 1872, Page 4

4 THE COURTS.| THE STORY OF A WAIF. “An Adopted Ohild Abducted from School— How It Oame About and What Came of It—The Case in the Courts— Curious Developments. ROSE M’CABE—THE FINALE. Sho Is Declared Temporarily Lrresponsible--- Romitted to the Custody of the Officers of the Asylum--Her Recovery Judi- cially Declared —Probable-+ Judge Sedgwick’s Decision, The Grand Jury for the Gen- eral Sessions. Tho Men Who Are To Be Selected to Pre- pare Indictments—Business Await- ing Their Disposal—Important to Criminal Jurisprudence, THE JOHEL ESTATE CONTROVERSY. Further Insight Into Ancient Domestic History~Further Testimony on Bee half of Bowen—An Alleged Adopted Daughter of Madame Jumel on the Stand, {fae NOONAN EXTRADITION CASE Conclusion of the Examination—Arrival and Production of the Judicial Papers in the Case—Noonan To Be Extradited. BUSINESS IN THE OTHER COURTS. Bummaries—One of the Results of the Late Labor Strike—Business in the Court of Oyer and Terminer and General Sessions—Decisions, The second trial of Edward S. Stokes for the al- feged murder of Colonel James Fisk, Jr., is to com- mence this morning in the Court of Oyer and Terminer, It is understood that Judge Boardman, Of the Second Judicial district, will hold the trial. A curious habeas corpus case came up yesterday before Judge Leonard, at Supreme Court, Chambers. Several years ago a man and his wife adopted a ttle girl from the Commissioners of Charities and Correction, Recently it was reported to the Commissioners that they were unfit custodians of the child, and an officer, taking advantage of its absence at school, took possession of it and re- turned it to the Commissioners; hence the present suit, Meantime the parties seeking to recover possession of the child have abandoned their for- mer business, the disreputable character of which caused complaint tobe made against them. The | full particulars are given elsewhere and it will be found to be a curious as well as novel story. The only business of importance before the Court of Oyer and Terminer yesterday was an application to postpone the trial of James C. King, charged with the murder of Anthony O'Neil. This post- | ponement was asked so as to allow a commission to be sent to Germany to obtain proof of King hay- | ing several years ago been compelled to take a sea Voyage on account of an atiack of acute mania. Judge Ingraham, before whom the application was made, took the case under consideration, prom- ising to give a decision in a day or two, Judge Sedgwick, of the Superior Court, yesterday gave a decision in the Rose McCabe case. He de- clares her 60 Imaane as to endanger her own person if allowed to go at large, but thinks that under proper treatment she can be restored to a nealth- ful condition of mind. The Grand Jury for the January Term in the | Court of General Sessions was drawn yesterday. Judge Leonard, of the Supreme Court, presided at | the drawing. It will be seen by the list of names, | given in another column, that the number includes some quite prominent citizens, | Yesterday Thomas Peters, a boy nineteen years | Old, was committed fer examination by Commis- sioner Shields on a charge of having passed a fifty cent counterfeit stamp on John Zalud. A police- | man, who arrested Peters, stated that he had at- tempted to pass counterfeit money in severa; otner places, The accused was held in default of $500 bail. G. L. Fogg, of 22 Coenties sllp, gave ball yester- day before Commissioner Betts to answer a charge of having violated the shipping act by shipping William Wilson and others on board the American schooner Lizzie Major. The shipping act makes it a criminal offence for any person other than the United States Shipping Commissioner to ship sea+ men at this port. Nathan Bach, a bankrupt, was in custody of | United States Marshal Sharpe for the purpose of being examined before Register Ketchum. Bach's counsel obtained a writ of habeas corpus from Judge Ingrabam, of the Supreme Court, requiring | Marshal Sharpe to bring Bach before Judge Ingra- ham to show cause for his detention in custody, The Marshal made return that Bach was held py him im pursuance of an order under the process of the United States Court, and that he (the Mars.al), a9 advised, must respectfully decline to comply | with the order of Judge Ingraham. And so the | ‘Tatter stands at present, | The case of George Washington Rowen vs. Nelson | Chase was resumed yesterday in the United States | Circuit Court, before Judge Shipman and @ special | jury. The cross-examination of Daniel Hull was | concluded, It was claimed by the defence that | this witness had contradicted himself on a mate. | NEW YORK HERALD, WEDNESDAY, DECEMBER 18, 1872—-TRIPLE SHEET. OMicer Walsh was dirested to obtain possession of the child, which he did, and 80 dolivered her to the care of the Commissioners, Application was at once made on behalfof Mra, Smith before Judge Leonard, holding Supreme Court Chambers, for a writ of habeas corpus directed to the Com ion- ers and requiring them to proauce the chiid in Court with a view of restoring the child to her. Pursuant to this writ the ohild was produced in Court yesterday. It took but 3 few moments to dispose of the case. Colonel 0. 8. Spencer, who appeared for Mrs, Smith, told how carefully the child had been brought uy by her; how, | althongh only seven 8 old, she had been advanced in her stu much beyond ordinar; children of her » and how strongly Mr. an Mrs. Smith were attached to her as well ag she to them, He asked that @ referee be appointed to investigate the facts of the case. This the Judge promptly dia, Mr. Ernst G, Stebbins as referee, and setting down two V. M. to-morrow for the first hearing, THE STRANGE PART OF THE STORY. There is scarcely any end to the habeas corpus cases coming before the Court presenting similar features to the above. The rest of tho story di- ver widely, however, from that usually devel- oped in Court proseedinas of thia character, We have stated that Mrs. Smith is a married woman, Of this fact no question is raised. She was pres- ent in Court yesterday, accompanied by her hus- band. ‘They’ are each about forty. ve years old, and, barring his frilled rt bosom and gorgeously massive watch chain, had the look of avery quiet and respectable couple. For a good many years, however, they kept a place 1n Sullivanjstreet whose precise character need not be described, They made money here—made it Gina patebly, but made it nevertheless, Five zen 3 ago they adopted this little girl, They kept her at their residence, from this place, Sromining they could do for her has been done. They coul not have done more for her if she had been their own daughter, They put in bank $1,000 for her, to accumulate at compound interest until she became of age. They looked upon her, in fact, as their child, and she did not know otherwise than that they were her parents, At length came the STUNNING BLOW the taking ofthe child from them, The child was taken from the school she was attending, and again its oare beiag assumed by the Commission- ers of Charities, nay were powerless, and could Ce yirers: themselves tl ‘ough invoking the aid of the Court. “The Court will not give you back the child,” said a friend to them. “How sot’? both anxiously inquired; “is she not well taken care of by us?”” “But your business lg such no judgo will give you the child,” “And there {sa hope of getting her back if we abandon our business?’ “The, only hope.’? A FORLORN HOPE, ES And on this forlorn hope the couple acted. They at once abandoned their old business. Pea 4 now come inte Court, as they trust, with clean hands, and hope thus to obtain possession once more of— such they themselves designate her—their darling child, Meantime the child remains in the keeping Le a Stephens, the Superintendent of Randall's island, THE CASE OF ROSE M'CABE, The Decision of Judge Sedgwick—He Pronounces Her Partially Insano, but Believes Her Curable. It is unnecessary to recapitulate all the facta connected with the recent investigation as to the sanity of Rose McCabe, otherwise known as the nun Sister Mary of Stanislaus. It ts only necessary to state at present that some two years ago she was placed in the Bloomingdale Lunatic Asylum, from which institutign in the course of a few months she was transferred to the Lunatic Asylum on Blackwell’s Island; that she claimed to have been badly treated by certain priests, and that, ac- cording to her own story, a sister and various other parties whom she had previously supposed to be her friends, had, in conjunction with these priests, and to shicld the latter from the odium of their misdeeds, conspired to put her into @ lunatic asylum. The story of her alleged grievances she toid to every- body who would listen toit. Atlengtha lawyer, who had faith in her narrative and whose sym- pathies were in consequence greatly aroused in her behalf, sought through the medium ofa writ of habeas corpus to obtain her release from the asy- lum, The case was first taken before Judge Leonard, of the Supreme Court, who, after hearin, her story, pronounced her clearly insane. This did Not satisfy her counsel, and centro was made for another writ, this time to Judge Sedgwick, of the Superior Court. The examination before the latter Judge ran through several weeks, and the evidence, Which was quite fully published in the HERALD, Is_atil! fresh in the public memory, Sev- eral weeks have elapsed since its close, and Judge Sedgwick, having meantime thoroughly digested the mass of evidence, announced iat? his decision, This decision is characteristically brief; but, shortas it is, covers the whole ground, and, What is more, reaches the conclusions generally anticipated. The following is the OPINION OF JUDGE SEDUWICK. After carefully weighing the testimony in this is so insane as to endanger her own person if per- mitted to go at large. Relying upon Dr. Choate’s testimony, I think that her disease is curable, and that she will be restored to health if she can get the benefit of measures taken by skilled men in such cases, RESULT OF THE DECISION, McCabe where she is,in the Lunatic Asylum on Blackwell's Island, It remains to be seen whether further efforts will be made to prove her sanity, or whether—the unquestionably more philanthropic and reasonable course—efforts will be made to restore her toa sound mental condition, GENERAL SESSIONS GRAND JURY. The Men Who Are to Help Prepare the Criminal Indictments for Next Month= Business Awaiting Their Disposal—Im- portant Questions, The wheel of fortune, that generally brings bad the worst principle when called into play to settle the question of grand jurors in our criminal courts, Is became necessary yesterday to draw a Grand Jury for the January Term in the Court of General Sessions, and, as usual, the result was left to the turn of the wheel. The drawing took place in Supreme Court Chambers, before Judge Leonard, and in presence of Sherif? Brennan and Mr. Doug- jas Taylor, Commissioner of Jurors. Mr. Gumbie- ton, Deputy County Clerk, did the drawing. About seven hundred names were In the wheel, and from that Ofty names, the required number, were drawn, TEE GRAND JURORS DRAWN. The following are the names of those drawn:— Robert Moon, Richard R. Butler, Charies H. Con- toit, Daniel B. Bedell, Benjamin F. Wheelwright, Nathaniel J. King, Amaziah L. Ashman, Ferdinand F. Dubois, Gordon W. Burnham, Moritz Cohn, Wilham Remsen, Josiah Jex, Frederick B. Noyes, Augustus F, Pearse, Hervey David, Ezekiel C. Wil- Hams, RK, Suydam Grant, Bernard K. Murphy, Ho- mer Franklin, Edmund Yard, Rudolph A. Witthaus, Roland J, Doty, Philip Dater, Henry G. Griffen, William 1, Feit, Lawrence N, Fuller, Benjamin J. Hart, Edward Fanning, Jacques Gucchin, Orlando B. Potter, Peter H, Jackson, Frederick Hubirston, uliver L. Ferris, Ignatz Stein, John 8, Rice, Simon Bernheimer, Felix Artois, Francis H. Amidon, Robert G, Cornell, Joseph J. Bartlett, Lucius 8, Comstock, Nathaniel Ellis, Nathaniel Roe, Henry D, Fuller, Andrew C, Armstrong, John H. Nichols, miu? G. Dunn, Ernst ©. Korner, Amos R. Eno and Marshall Wright, BUSINESS BEPORE THE JURY, There is promise of abundant work for the six- teen to be selected from the above list. Their names wil be determined in @ few days, and on put Into working harness, THE JUMEL PROPERTY CASE. The Suit of Bowen vs. Chase=More Testi- mony for the Plaintiff—An Alleged Adopted Daughter of Madame Jumel— A Farther Insight Into Ancient Do- rial point. Some other testimony having been given, the case was adjourned till this morning. Commissioner Osbora has decided in the case of Denis Noonan, who is charged with having com. | mitted forgery in Charieville, county Cork, Ire- | land, that the papers submitted to him by the | British Consul in reference to this accusation are | suMctent upon which to hold the prisoner, who will, therefore, be sent back to Ireland under the Extradition Treaty. THE STORY OF A WAIF. An Adopted Child Abducted from Schools How It Came About and How the Case Got Into the Courts—Affection Weighed Against Mo: About five years ago Mrs, Elizabeth Smith ob- tained from the Commissioners of Charities and | Correction @ little girl two years old, The name of | the little waif was Katie McCarthy, which name | was changed, however, to Katic Smith on Mrs, Smith obtaining possession of her, Mrs, Smith, abetted by her husband, they being | childless, was, it is stated, taking the best care of | the child, rearing it tenderly anda attending with ve mestic History. The hearing of the case of George Washington Bewen vs. Nelson Chase was resumed yesterday in the United States Circuit Court, before Judge Ship- man and a special jury. The cross-examination of the witness Daniel Hull asconcluded. It was contended by the defence in a deposition formerly taken that he had first seen the plaintiff, Bowen, before his (Hull's) he swore thatit was after bis father’s death le first saw him, Mrs, Mary Mortlia Mamford, who claims to have lived with Mme, Jumel as her adopted daughter, was called a8 @ witness by the plaintiff, and it was roposed to show by her testimony that Mme, Sinel had willed her her property; that the de- fendant found this eo and that soon aiter the wit- ness was taken ill, under circumstances alleged by the plaintif to have been suspicious. ‘The Court ruled out this testimony as irrelevant, The further hearing of the case was adjourned till Lo-day. _ THE CASE OF DENIS NOONAN. He Is To Be Sent Back to Ireland Under the Treaty of Extradition with Eng- nd—Decision of Commissioner Os- zealous care to its education, until a few days ago, ‘when representations were make to the Commis. | sloners of Charities and Correction that she was | AQ & prover custodian of the child, upon which | a born. Yesterday Commissioner Osvorn rendered his decision in the case of Denis Noonan, who had becn charged, wader the treaty of extradition with England, with having committed forgery at Charlevitie, county Cork, Ireland, The complaint against Noonan wes made by the British Consul, Mr, Archibald, on the 29th of October last. It alleged that at different times between the 19th of May, 1872, and the 19th of October, 1872, Noonan committed forgery by the utterance of forged poe upon the National Bank at Charleville. On ‘he 14th of December evidence was taken in the case before the Commissioner, Prisoner's counsel raised several objections to tho sumMiciency of the documentary opTool, not only in regard to the au- thentication of the docu! and certificate Of the Consular officer, but in respect to alleged defects in the pre themselves. ‘The Commis- sioner held that these objections were not tenable in law av overruled them, and that the deposi- tions and informations duly certified by the Ameri- can Consul at Dublin and received in evidence proved conolusively the crime set forth in the war- rant which was iasued on the complaint of the British Consul, and that the oral testimony intro- duced established the identity of the prisoner as the man charged with having committed the for- gery in question. The prisoner is, therefore, com- titted to the custody of the Marshal until a war- rant may issue pes the requisition of the Eng- lish government for the surrender of Noonan ac- cor to the treaty stipulations. BUSINESS IN THE OTHER COURTS, COURT OF OYER AND TERMINER. Application to Postpone the Trial of James C, King=Trials and Sentences, Before Judge Ingraham. Tho large throng in atvendance at this Court yesterday morning did not find anything of par- ticularly startling interest to occupy their atten- tion, The only thing of special Lmportance was an application in the case of THE KING-O'NEIL TRAGEDY, ‘This was an application made by Mr. Vander- poel, counsel for Mr. King, for the postponement matter I come to the conciusion that the lady | The result of the above decision is to leave Miss | luck to so many and good luck to very few, acts on | the opening of the new year they will promptly ve | that Hull had contradicted himself by having stated | father’s death; while, in giving his oral testimony, | of his trial, ponding the return of a commission to take testimony in Germany, It was urged that the testimony thus sought to be obtained would show that several yeara ago King, in consequence ofa severe attack of acute mania, was obliged to take a sea voyage. The application was strenuously opposed by Assistant District Attorney Fellows. Alter hearing the argument the Judge reserved his decision, CONVICTED OF GRAND LARCENY, John Henry was tried on a charge of en larceny in stealing a suit of clothes, Mr. Abe H. Hummel! made out the strongest possible case for the prisoner, but the evidence was so clear that a conviction followed. He was sentenced for two years and six months to the State Prison. William Adams was convicted of larceny and sent for one year to the Penitentiary, There being no further cases ready for trial the Gourt adjourned till this morning, THE STOKES CASE. The trial of Edward 8. Stokes, indicted for the shooting and killing of James Fisk, Jr., in the Grand Central Hotel, in this city, on the 6th of January last, will be commenced to-day in the Court of Oyer and Terminer, before Judge Board- man, Judge Boardman presided at the trial of the notorious Rullof, at Binghamton, which resulted : te conviction, sentence and execution of ullod, SUPERIOR COURT—SPECIAL TEAM. Decisions. By Judge Curtis. Thomas Brown vs. Henry Mandeville et. al.—Mo- tion to defer cause denied, without costs. Michael Noonan ys. The Twenty-third Street Rail- road Company—Motion tor injunction denied, with leave to renew. By Judge Monell. Samuel F, Schatfer vs. Mary Schailer—Precept al- wed. William H, Adams vs. John Ives—Order denying motion, COURT OF COMMON PLEAS—SPECIAL TERM. Important Decision Touching Revival ofa Judgment by an Administratrix. Before Judge Larremore. John T. Brown vs. Mathew Nugent.—An {m- portant decision was yesterday given in this Court upon an application for leave to issue an execution after the death of the party for whom the judg- ment was found. The facts of the case and the law governing it are briefly but succinctly set forth in the following OPINION OF JUDGE LARREMORE.* On October 31, 1868, a judgment was recovered ) by the plaintiff against the defendant. On the 1ith of June, 1869, the platntitY died without having issued execution upon said judgment. A motion | 18 now made by his administratrix upon notice to the judgment debtor for leave to issue such execution, The relief sought cannot be obtained upon this application (Wheeler ys. Parkens, 12 Howe, 537; Thurston vs, King, 1p? q i, Jay vs. Martine, 2 Duer, 654), The wri scife taclas is abolished by section 428 of the code, but the remedy for which it provided may now be had by an action. (P. Mevan vs. Varick, 5 Barb., 277; Car- | Yern vs. Young, 6 How., 872; Alder vs. Clarke, 11 How., 209.) The administratrix must bring an action for and obtain an execution, to be issued in her name, against the property of the judgment debtor (Thurston vs. King, 1 Abb., 127; Eudora vs, Litehfiela, 22 How., 178), This appears to be the only mede of reviving the Pye ee name of tae administratrix, and of obtaining execution thereon, The motion must be dismissed, but with- out costs, lo Decisions, Jobson vs, Drew—Order for short calendar. Leitch vs, AUantic Mutual lusurauce Company— Motion denied. Judge J. F. Daly. By Fannebaum vs. Migel—Motion denied. MARINE COURT—PART |. | One of the Resu of the Late Labor Strike, Before Judge Shea. | case growing out of the “strikes” which occurred last Spring, and one of a bateh of four brought | against the same defendant. The plaintif’ is a | planomaker; was a member of the journeymen’s jociation; had left his workshop and joined the | strikers, and on the 28th of May accompanied five | Of his associates to the plano factory of the defend- ant totry to persuade bis workmen to join them, On their arrival there, during dinner hour, the Plaintiff’ met one ef the workmen and asked him to tell the people in the factory that a committee of the association wished to speak with them, In the meantime @ committee from the Yarnishers’ Association arrived on the same errand. After a few moments Mr, Steck came out and asked if they wanted him, to which they replied that they wanted to see his journeymen. Mr. Steck then re- quested them to go away, to which plaintiff an- swered, “As long as the people here conduct them- selves properly you cannot send them away.” De- fendant then went into the building, alterwards came out and proceeded the street, and after @ few moments a posse of police arrived and took the plain- ur with ten others into custody, the re- mainder running away, At the time of the arrest plaiutit says he had retired from the build- front of defendant's factory, and, he thought, on the steps leading to it. Om being taken to the sta- tion house the defendant was present and made a complaint, but upon going before the Justice at Jefferson Market withdrew the complaint, saying he did not wish to injure the men at all, only wanted them to keep away from his factery and hot bother his workmen, ‘This action ts brought to recover damages for @ imprisonment. At the close of plaintiff's cas motion was made to dis- Tuiss the complaint, on the grounds, first, that de- fendant is not shown to be the procuring cause of the arrest; second, a want of reasonable or prob. able cause is not shown; third, no proof of malice. The Court non-suited the plaintif, basing its de- cision principally on the second ground. It is un- derstood that a new trial will be argued for at length before either of the other cases are called | on. For plaintitf—Reymert, Cornell & Pomeroy, For defendant—Cotterili Bros, MARINE COURT—SPECIAL TERM AND CHAMBERS. | Before Judge Gross. | Thomas R. Barowsky vs. Ezekiel R, Thompson | and ot otion for judgment granted. Alexander 1. Norman W. Kingsley,— Motion for stay of proceedings denied, COURT OF GENERAL SESSIONS, Picas, Convictions and Sentences. Before Recorder Hackett, | Yesterday Willlam Moore, charged with robbery in stealing @ pocketbook containing $20 from Den- ton Pearsall, upon a Fourth avenue car, on the 27th of November, pleaded guilty to petty larceny from | Philip H. Schattgen vs. George Steck.—This isa | | ing and ‘was sitting down in a stone. | yard two lots distant, while the police oficer testifies that he apprehended him in the person, abd Was sent to the State Prison for | five yea: Jobu H. Young was convicted of an attempt at grand larceny, the evidence against him being that on the 24th of September he was found ip tne premises of Otto Egner, in Tenth avenue, James Meehan pieaded guilty to asnnilar offence, the allegation hr that on the 254 gay of Novem- Oa i Stole clothing valued at $36 from John uinien, Young and Mechan were cach sent to the State Prison lor two years and six mouths, An Old Offender Convicted of Stealing in @ Broadway Jewelry Store. Peter Wiley, alias Henry Marshall, alias George Delmar, was tried upon a charge of grand larceny, and the indictment alleged that it was a “second offence." The proof to establish the specific charge wag that go the 26th of Octuber he, in company with man named Williams, entered the store of Richard H. Elias, 611 Broadway, to purchase studs, and while looking at them the proprietor saw Wiley take three sets, which were valued at $18, Assistant District Attorney Stewart adduced docu- mentary proof to show that the prisoner pleaded lity to grand larceny and was sentenced by Sua Russell in April, 1868, to the State Prison for five years, A two pronto pics — Wiley was the man who gave his name a: fs Mr. Howe eeented @ namber of technical objec- tions, which were overruled by the Court, The jury rendered a verdict of guilty of petty lar- ceny. and said they believed him to be the man sentenced in 1863, He was remanded for sen- tenoe, A Gang of Robbers Attack a Citizen in Wooster Stre and Steal His Gold Watch—One of the Highwaymen Found Guilty and Is Sent to the State Prison for Twenty Years. John McMullain, upon whose physiognomy tho unmistakable signs of villany and brutality were stamped, was tried and convicted of robbery in the first degree, Tho testimony was brief, but clearly established the guilt of the accused. It ap- peared from the evidence brought out by the pros- eouting attorney that on the evening of the 27th of November, about twenty minutes past nine, James Hume, who resides at 127 Clinton place, wag walking down Wooster street and was jostled against by three men; he stepped aside to let them pee and in doing so was caught by the shoulders yy one of the gang, and then he saw the prisoner approach him with nis arm raised, but he did not see what was in his hand; he was knocked down #nd_ rendered. ingonsible; the next slog he knew was that he was {n the station hous an hour after the occurrence. The highwaymen escaped. He gave a suilictent description of Mc- Mullain to the captain as to lead to his arrest five days afterwards, and when Mr. Hume went to the station house he een nei Sa identified him a3 one of the men who attacked him and stole his gold watch. The evidence of identity was confirmed by Louisa Smith, who witnessed the entire occur- rence. She had known McMullain by sight fora year and positively identified him as the man who sank the complainant on the head and took his watch. The accused went on the stand and dented that he participated in the crime. Without leaving their seats the jury rendered a verdict of guilty, and the Recorder, with characteristic promptness, sentenced McMullain te the State Prison for twenty years, remarking that there never was a more righteous verdict rendered in that Court, COURT OF SPECIAL SESSIONS. Juvenile Offenders at the Bar of Justice— Row Between Bootblacks—Visit of Miss Neilson, the Tragedienne. Before Judges Bixby, Ledwith and Scott. The calendar yesterday morning was a very long one, but was rapidly disposed of. Mary Ann Flynn stole a few articles of under- wear from Mary Kelly, on Tuesday last, and was sent to the Island for two months. A boy named Lawrence Morrissey was accused ofconspiring with another to rob. the till of the store 405 Sixth avenue. Miss Harriet Keller, a Stylish-looking young lady attendant in the store, made the complaint. She said that on Thursday last the boy (Morrissey) came in with an envelope, end handing it to her said that it was “a tele- graphic hee part for the lady of the house.” She went into the back room, and while there another boy entered and robbed the till of $20, She discov- ered the loss before Morrissey left, and had him arrested, Judge Bixby decided to send Morrissey to the Bena Ship, His accomplice has thus far escaped arrest. John McKinley, Samuel McKinley and Daniel Sullivan, three young Washington Market pick- pockets, arrested on Saturday night, were then arraigned, Officer John McDonald, of the Third preincs, made the complaint. Mr. Shaffer, of the ‘ive Points Mission, came forward and gave John McKinley a very good character, stating that he haa known him fer some time, and always found him an honest, truthful boy. He was discharged, The others were, alter @ somewhat tedious ex- eRe lp also discharged, by reason of failure of proof, The next case was & peculiar one. William Har- nett and Jullo Mariohetti “shine” for a living, and ply their vocation in the City Hall Park. Harnett accused Julio of stabbing him in the knee with a knife, the feud arising from business rivalry. Jullo could not speak English, and Mr, Thomas W. Burke kindly officiated as both interpreter and counsel for the exiled ebild of sunny Italy. Master Jullo Marionetti, through his advocate and in:er- preter, informed the Court that he had been at- tacked by Harnett and two other boys with stones and blacking boxes, had suffered ‘severe contu- sions, and was driven, in self-defence, to avail himself of an old umbrella, and that it was a stone thrown by one of Harnett’s own confederates that had caused the latter's injuries. Judge Bixby, evidently deeming the prisoner more sinne against than sinning, discharged him from custody. » Just before the Court adjourned the proceedings Were somewhat enlivened by the appearance of Miss Neilson, under the escort of Judge Dowling. She came like an ‘apparition of light’ upon the scene, and the gloomy chamber became radiant in the light of her presence, She had been visiting the interior of the prisons crossed “the Bridge of Sighs” and produced as much of a sensation in the historic corridors of the Egyptian Temple as on the histrionic board. She was elegantly attired in a maroon-colored dress, with a profusion of trimming, her shoulders being covered with a militaire sacque, trimmed with gold braid and buttons, while her glossy, purplish-black hair was surmounted by a green alpine chapeau of the latest acy The Court did very littie business after her exit. JEFFERSON MARKET POLICE COURT, Felonious Assault. The case of James Conway, who was arrested on Monday evening tor violently assaulting and beat- ing Nathan Raymond, an aged conductor, on an Eighth avenue car, came up at Jefferson Market yesterd: A physician's certificate that Raymond was unable to spent was presented, and the pris- omer was remanded to await result of injuries, Robbery. Fred McCord, & young gentleman from Pleasant Valley, visited Miss Nellie White at a house in East Fourth street upon Rohs night, and Pi te 4 appeared at the Jefferson Market Police Court and charged her with robbing him of $100, Nellie was arrested, and, though protesting her innocence, was locked up that she might be found when her trial came on, COURT OALENDARS—THIS DAY. ScerRIoR CouRT—TRIAL TERM—Part 1—Held by Judge Freedman.—Nos, 1551, 789, 1877, 1895, 1657, 1859, 1109, 1267, 1799, 1825, 1815, 1627, 751, 1665, 1077, 303, 959. Part 2—Held by Judge Van Vorst,— Nos. 1486, 1256, 1384, 1386, 876, 1476, 726, 2020, 1622, 1398, 1512, 460, 370, 112, 822, 1378. SUPREME CourT CrrculT—Part 1—Held by Judge Van_ Brunt. ase on. Part 2—Held by Judge Brady.—Nos. 96, 42, 26, 3814, 6643, 534, 120434, 1228, 1258, 698, 702, 688, 1140, 8084, 1198, 1270, 3828, 406, 890, PREME COURT—SPECIAL TERM—Held by Judge her. 18, 23, 31, 17, 25, 19 5, 48, 55,°87, 90, 8, 35, 36, 89, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 86, 9, 27, 28, 54, 1, 10, 64, 50, SUPREME ( "RT—CHAMBERS—Held by Judge 28, 31, 59, 60, 75, 76, 77, Call 78, Held by Judge Daly.—Nos, 1589, 1073, 1707, 1034, 1435, 874, 71, 1516, 1542, 1695, 1698, 1629, 1092, 2790, 129, 11244, $66, 59, 1866, 68, 1598, 1051, 1156, 1604, 2495, 1721, 763, 606, 2807, 1247, 60. MARINE CoURT—TRIAL TERM—Part 1—Held by Judge Shea.—Nos, 831, 876, 722, 723, 724, 1749, 1752, 1114, 710, 1128, 1756, 1116, 1144, 1146. Part 2—Heid by Judge Joachimsen.—Nos, 1353, 1139, 557, 1659, 1113 1143, 1146, 1147, 1149, 1151, 1153, 1157, 1161, 1163, 806, Part 3—Held oye aeee Curtis.—Nos. 497, 560, 912, sore 967, 1088, 1039, 1040, 1041, 1042, 1043, 1044, 1045, ‘104 CoURT OF GENERAL SEssions—Held by Recorder Hacket.—Murder, August Wood; robbery, Thom: Brown, Thomas Donohue, Charles Law, Micha Fitzgeraid ; burglary, sone Lat William Davi: bigamy, Jasper V: usting Schmulen- per, A berger, Jolin Evans; grand larceny, Henry New- man, David Rice, Alvin Morin, Morris Montgomery, Henry P. Flagler. soueeh Parker, William Smith, Edward Bogan, Simon F. Thomas, William Stone; felonious assault and battery, Jerry Williamson, Patrick Connelly, UNITED STATES SUPREME COURT. A Bill to Rescind a Sale of West Vir- ginia Land—Back Ta: on Thimble Skens=Breach of Contract by the Gove ernment=The Right to Draw Water from a Canal—Adjournment of the Court for the Holidays, WasnINGTON, Dec. 17, 1872, No. 72, Kimball et al. vs. West—Appeai from the Circatt Court for the District of Missouri.—This ‘was a bill to set aside the conveyance and rescind the sale of @ certain tract of land in West Virginia for alleged fraud, The frand charged consisted first, mm false representations by West to the purchasing agent of the ‘appellants to the effect that his title was perfect and free from encumbranc and second, in the concealment by West of the fact that another party claimed a part of the tract for which a suit was then pending against him. The decree was for West, and it is here urged that as he failed to give a good title to the whole tract, the purchasers should be relieved from their contract. The appellee insists that the appellants have never been disturbed if y adverse title. and that the Court of Equity will tinterfere in the case, but will feave the parties to their remedy at law. R. T. Merrick tor appellants; J, W. Brashears, for appellee, No, 4%, Erskine, Colicctor, va, Van Aradale— | gotiated the treaty. | and Error to the Circuit Court for the District of Wis- consin.—This was an action to recover back taxes paid on thimble skeins and pipe boxes manufac- tured by the defendants in error, The Court charged the jury that by the act of 1867 these articles, made fay whether cast or wrought are exempt from taxation, und that no tax coul be legally. laid after the date of that act. This Court hold that the charge was correct, and afirm the judgment ontered on the verdict rendered in pursuance of it. The Court also afirm the judg- ment as to interest, saying that a citizen who pays an illegal tax, and is obliged to recover it by suit, is entitled to interest. The Chief J elivered the opinion, purgre No, 25, Maddox etal. vs, The United Statea— Appeal from the Court of Claims.—fhia action was brought to recover $735,044, as damages for an alleged breach of contract by the government for the purchase of tobacco, The Court of Vlaims found that the claimants were not the owners of the tobacco when the contract with the Treasury agent was made, but purchased it within the rebel lines thereaftor, and that the contract was there- fore void under the regulations of the ‘'reasury Department for the purchase of products of the insurrectionary States, ‘his Court amfirm the judgment, holding that tn his character as Treas ent the agent con- cerned had no right to deal with the appellants at all; but if it were otherwise the contract which he did make was unlawful, for the reasons assigned by the Court of Ciaims, Mr, Justice Davis deliy- ered thé opinion. No, 6, Bouldin et al. va. Alexander et al—Appeal from the Supreme Court of the District of Colum- bia.—This was @ suit im equity, brought by Alex- ander and others against Bouldin and others, to determine the right of the parties, as trustees, to control the Third Colored church of Washington, and also to determine the valiaity of a certain deed by which Bouldin conveyed the land on which the church js situated to Alexander and those asso- clated with him. The decision below established the right of the defendant here and the Court al- firmed the decree. Mr, Justice Story delivered the opinion. No. 305, Hall et al. vs. Jordan—Error to the Su- eae Court of Tennessee.—Motion to dismiss lenied, No, 68, Scott et al. vs, Eaton et al—Error to th Buurenne Court of Arkansas.—Motion to dismiss No. 40, Chesapeake and Ohio Canal Company vs. Hill—Appeal from the Supreme Court of the Dis- trict of Columbia,—This was a suit in equity to es- tablish the right of Hill under @ contract with the canal company: to draw water frem the canal to run @ paper . ‘The Court below decided that a con- tract for as much water as would run through a certain aperture was to be construed im the light of all the circumstances—the depth of the canal, the condition of things at the time the contract was made, &c.—and he held that circumstances changing so that this amount of water was not ob- tained, the contract entitled Hill to such new ar- by ments as would insure it. This Court say in woherence that the grant was substantially a grant for a certain quantity of Water, and that the quantity must be determined by the circumstances under which the water 1s to be drawn and in view of everything connected with its use, and hold that the grantee is entitled this amount of water, though it should become necessary to enlarge the aperture. Decree aftirmed. Mr. Justice Bradley delivered the opinion. Mr. Justice Strong dissented, holding that the sogemens below ie @ Dew contract between the arties. » The Chief Justice announced that the Court will adjourn from the 20th inst. to the 6th of January. COURT GF APPEALS, ALBANY, N. Y., Dec. 17, 1872. Judgments affirmed, with costs—Koehler . ys. Koehler, The Continental National Bank vs. The Na ional Bank of the Commonwealth, Collins vs, Hall, The City of Rochester vs. Hayden, People ex rel. Hayden vs. The Common Council of the City of Rochester, Graham vs. Selover. Judgments reversed and new trial granted, costs to abide events:—Scoville vs. Landon, Deve- ha vs. Coleman. Judgment of the Supreme Court and decree of the Surrogate reversed with costs, and proceeding remitted to be proceeded on according to law— Hoyt vs. Bonnett, Order granting new trial reversed and judgment on the report of the referee atflirmed with costs as against the defendant, Alden, and order granting new trial affirmed and judgment absolute for the defendants with costs—Hubbell vs. Meigs. Orders affirmed with costs—Minor vs, Upton. In the matter of the petitions of Bassford, Mayer and Dugro, to vacate assessments, Order of General Term reversed and order of Speclal Term affirmed with costs—in the matter of the petition of Cameron to vacate an assess: Appeal dismissed with costs—Barker vs, Cocks. Appeal from order dismissed with costs—Scoville vs. Landon, Judgment amimed®- Harrison vs. The People, Day Calendar, The following is the Court of Appeals day calen- far oe December 18:—Nos. 565, 518, 348, 349, 421, 1) 893, LIFE INSURANCE. The Management of the New York Mutual. FeLLow Poricy-HOLDERS.—During the past week hundreds of you united ia the protest against the reduction of rates by the Mutual Life, and the re- monstrances: are still coming in large numbers, | No action had been taken upon them, but go great was the pressure brought to bear upon the officers of the company by the opposing life companies that, after frequent and earnest conferences, what we may call the “Delmonico treaty” was finally arranged and executed by the high contracting parties on Friday last, and on Saturday, after a protracted meeting, the Board of Trustees decided to suspend for the present the contemplated re- duction in rates; and you have in the dally papers of to-day the announcement of the capitulation of the Mutual Life, couched in the language of the adept insurance diplomats who ne- Without pausing to dis. cuss the alleged reasons for this action by the Mutual Life, and merely calling your attention to the fact that it suspends and does not finally de- termine the matter, I pass to my present purpose of preparing you for the efforts which will doubtless your attention from matters of mismanagement in the affairs of that company, It has been said with much truth that “one of the greatest dangers connected with the manage- ment of life insurance companies in this country has been immunity from criticism on the part of policy holders.” This arises in no small degree from the fact that the influence of these wealthy corporations has become so poweriul and wide- spread that most policy-holders shrink from incur- ring the hostility which adverse criticism inevitably arouses, and acquiesce in or submit to that which they would otherwise unhesitatingly condemn and oppose. Furthermore, those upon whom such criticism bears are ever ready to torture it into an attack upon the business, principles and.cash interests involved in life insurance, and thereby to alarm the policy-holder and divert his attention from their own misdeeds, None under- stand this mode of defence better, or can use it more adroitly, than the chief oMcer of the Mutual Life. But through your liberal contributions the olvency of that company is so well assured and its position so well established, despite the short- comings of those who control its affairs, that you may not only safely dismiss all fears that it can be injured by criticism or investigation, but it is your duty to yourselves and to those whom you seek to protect by the insurance of your life to root out everything that is corrupt and wrong in its management, and to evince your determination that unless its affairs are conducted honestly in full accord with the spirit of the trust which you have created, you will fearlessly and thoroughly expose those who are derelict and award them the full measure of punishment they may deserve. Two years ago, when an effort was made to arouse you to @ just appreciation of the infidelity of the oficers of the Mutual Life, corruptibie men controlled the State | ofices, and the public feeling had not yet ripencd; but the spirit of reform has been so awakened by the disclosures of corruption in high places and of the evils whicn have wielded such baneful influence m matters of public trust, that I believe your minds are now disposed for the reception of the truth with regard to some of those who have con- trolled the affairs of the Mutual Life, and that you ‘will unite in every proper effort to eliminate frem that management everything that tends to endan’ ger its safety or to impair its fair fame and credit- In & previous letter I gave you in brief some of the well-established facts inculpating the ofticers in transactions inconsistent with fidelity and morality, and can give you more. I can show you how applications were altered by members of President Winston's family to secure brokerages they had not earned; how @ lunatic brother-in-law of Vice President McCurdy was placed in @ most weralive agency of the company, and bis omploy- ment continued and thousands of dottars patd for his alleged services when he was nee ee confined the Bloomingdale — Lunatie Asylum; how, by 4 fiction of bookkeeping, millions of dollars previousy credited as income in the books of the company were again included as “actual cash” receipts of subsequent years, to effect the apparent ratio of expenses of thé company and of other acts; but my present object is to show you by a few brief examples how the trustees have dealt with these transactions, to enable you to de- termine for yourselves how far you may safely rely upon the trustees to correct similar abuses, have told yon of the $39,000 loan to a trustee And the false statement resorted to by President Winston to. conceal it from the Finance Com- mittee. The committee of trustees appointed to inquire into that transaction were Luctus Robinson, Alexander Pradford, John Wadsworth, David Boating and William Smith Brown. All of then Signed the “statement of the facts,” in which It is stated that when the $30,000 was returned “the clerk making the Weekly statement to the Finance Committee at first entered itseparately as 30 much received for United States certificates. He subse-_ quently, by direction of the President, erased the entry and placed the amount with the general Statement of receipts from premiums,” ‘Taus, by direction of the President, the clerk falsified the weekly statement, and yet with the fact so dis- tinctly stated by themselves, all, save Mr. Brown, reported that “in respect to the management of our affairs with iutegrity, fidelity and& eMeciency, the committee have found nothing to condemn and much to praise.” Mr. Bro found evidence of intentional deception fused to join the others; and it wil! ' surprising to all who know the sition in social and religious os has attained, that, with the cy ahi ance of a deliberate false. ston for the concealment action, he did not concur w With regard to vhe restor ae the life of President Winst mony. . of Messrs. William Betts ar . vopham— both honorable and truthi .—clearly shows that Vice President McOurdy _artly by withholding and partly by misrepresenting the facts necessary to pide them in the proper performance of their duty, procured the passage of @ resolution which ac complished & purpose entirely at variance with their understant and donatin; me ee reer that woe Lovage led, Yet wi evidence that they were thug deliberately de- ceived by him both ac uleace fa its rotention in office. And with regard to this transaction Mr. Lucius Robinson, in a letter written “and widely distributed by the officers after the truth was fully established with regard to their policies, states, “as facts is the case,’ that young Winston was compelled to abandon policies from poverty and because “he supposed his salary (only $2,750 at the, highest point) would enable him to Koop ls Oli up;”’ and that “the inanrabes Commttise nding? that he had been forced to abandon his policies be- cause we did not pay him a salary sufticient to support him, at once recommended the “restoration of his policies upon peymens of back dues and interest.” Now the testimony of the two members of the Insurance Committee above named. shows that they acted upon no such informatioi and the Lash of the company show that instea paid “only $2,750 at the highest” his salary: had been $3,000 per annum, and was continued te be paid after his death in July until the end of the fiscal year on the ist of February following, with 20 percent additional, and that oh the 9th day of March preceding his death he was paid $3,750 “ponus ‘and. that over $200, Broketa were paid him by the company in tit an 1865, which would have ‘served to have kept his $5,000 policy alive. Furthermore, the accounts of his administrators show that they received August 16, 1866, from the “Mutual Life In- surance Company, bed 95, amount of insurance on life of said F. M, Winston,” and which was no6 derived from the Foakored olicies in questio: dha the evidence completely invalidates Mr. Rob- inson’s statements, And when President Winston, on the 12th of July, i8¢9, Feauested & committ trustees, composed of J. Y. L. Priiyti, Willa! Dodge, Henry E. Davies, Oliver H. er and David Hoadley, “to ascertain whether any injud> tice or wrong had been done the compauy, or any departure has, in this case, been made fromthe fixed policy of the company in cases o1 simi- lar nature,” the chairman of that committee reported that the “action of the Insurance Committee and Board had been unanimous in this case and in Sanformity with many other prece- cents.” You will doubtiess be greatly surprised that such a transaction was in “conformity witir many precedents,” and that a most energetic effort, subsequently made by the olflicers, utterly ae fo produce a single one of such “prece- ents, Great surprise has been expressed that Mr. Wil- liam E. Dodge should have concurred in that re- ort, and it can hardly be possible that he had fully informed himself of the facts; yet his mame hag again and again been given as authority that tha transaction was justifiable and in accordance with the practice of the company. And now hear what a trustee testified to with: regard to the $189,000 bonus business to which I alluded in a@ previous communication in the HERALD. Mr. William Smith Brown testified that when the report of the committee was made, re- commending the payment of this bonus to the oMicers, “it produced considerable discussion in the Board, but was adopted at that meeting, if I remember right, with the strongest minority vote that I had ever seen up to that time in the Board. It was, tomy mind, as apparent whe the men were that voted for and voted against it, although the yeas und nays were not taken, Every man who received payment for his services througit the officers of this company—every attorney, every man who had a bank account, with perhaps one exception—all men who were deriving bene- fits, voted for it, The men who had no connection of the kind with the company, who were perfectly, iree and independent, were those who vote‘ ogainst it. Still it was carried. Subsequently I propvsed its repeal, and if my memory serves ine: right I$was induced, at the request of Judge Bradford, to postpone the matter, to let it lle over.’? He further says :—‘“I asked Judge Bradford whether the bonus was intended to be put upon the Febru. ary dividend, and told him that if it was continued to run with the dividends tnat 1 sould agitate ita repeal. He pledged me his word that it should: not. I therefore paid no more attention to it. I knew that it was in his power, if he chose to stop it. I was for two or three years im entire ignorance of the fact that it was continued, for it was charged to ‘dividends’ and buried up entirely.”’ And he gives the following account of its final repeal:—“Happening to be here at the annual meeting previous to the repeal of this, I was struck with the motion of Mr, Brady moving that twenty per cent be paid upon the salaries to clerks. J said to @ friend, after we left the Board, ‘Why were not the officers included %? That led to my investigation, aud I found that these bonuses had been continued, I then deter. mind to secure their repeal, and I waited until 3 saw @ chance to get my motion in, I didn’s dare to agitate it, for if I had i¢ would have been killed dead. I therefore produced my resolution without consulting. I think there Were but two members of the Board who had any knowledge of my intention to offer it. It led to a motion from Mr. Sproulls to lay my reso- lution on the table. A vote was taken on that motion, and Ha ele el Shed the President and Vice President both sat there and voted upom | that motion of Mr. Sproull’s, we carried it by one, now be made to frown down criticism and divert | I think, Had there been another officer there we would have lost it. That Jed to the appointment of a committee who reported in favor ot its repeal unanimously, and their recommendation passed with but one dissenting vote, aud that vote was Lucius Robinson’s, I believe.’? ‘This evidence gave rise to bitter feeling against Mr. Brown, but it was not invalidated by all that was produced in rebuttal. These facts will give you some insight into the internal arrangements of the Mutual Life which Will, doubtless, be very distasteful to those who have heretofore been successful in their efforts for concealment, and w! concur in President Winston's opinion that “there has been far too much leakage’ as to the conduct of its aifairs. I may also have trespassed so far as to hazard the enforcement of Mr. Attorney Jewell's threat to me that “the publication of any part of said ‘examina- tion’ will be prosecuted by the company to the tull extent of the law.” But you can now form some opinion as to the correct- ness of my belief that the affairs of that company are too greatly controlled by a small minority of active, shrewd, sell-seeking men, “wlio are receiving benefits,” and whose tenure of office can only be curtailed by the vigorous and united etforts of the policy-holders, To rid ourselves of such men and to arouse those reliable gentlemen in that Board who, I believe, can and will unite in bringing about the needed re- form in the Mutuul Life, is now the problem before us, and upon which I next propose to address you. JAMES W. MCCULLOH, 60 Beaver street. New York, Dec. 16, 1872. THE HERALD AND THE LIFE INSURANCE COMPANIES, ae [From the New York Chronicle, Dee 12.) It is manifest that the dally press is at last awaks ing to the public interest and interests in both life insurance and fire insurance, The HrRALp leadg Off, as usual, in the discussion of these topics of the day. It treats them as they appear in the tight of the losses occasioned by the late Boston fire, the subsequent increase of fre rates by the National Board of Underwriters, and the almost simulta- neous determination of the “New York Mutual Life’ to reduce itsrates. The articleson the sub. ject which have recently appeared in the Hgratp attest at once its traditional enterprise and its im- partiality, Cannot this great journal find among its recruits for a Cuban army of reporters a sec. ond Stanley, to explore the worse than African wastes and wilds in which 80 many rotten insur- ance companies are hidden ? OPENING OF A GRAMMAR SCHOOL NeEwovna, N. Y., Dec. 17, 1872. Grammar School No. 2,a handsome new struc: ture replacing the old grammar school, was dedi- cated last evening with appropriate ceremonies, jean were made by Rev. Wendell Prime, Judge ‘Thomas, george Mitchell, H. Hirshberg and Jame@ G. Graham, There was a large attendance of citl zens, The building cost $52,000, aud will deat about one thousand ¢ghiidren,