The New York Herald Newspaper, December 20, 1872, Page 5

THE COURTS. EDWARD 8. STOKES ON TRIAL Another Day’s Hunt After a Jury—The Hinth Good Man and True Secured—Op- poring Oounsel Undertake to rack a Grave Joke—Good Fellows All Bound—The Trial To Be Oon- tinued This Morning. THE DOCK COMMISSIONERS. ‘The Commissioners Claim the Control of the Cash Consigned to Their Charge—The Comptrol- ler Cannot Conscientiously Consent—The Courts Consider the Case and Cannot Come to a Conclusion—Conse- quently the Whole Case is Con- signed to the Judicial Dry Docks for Decision, MEMENTO OF THE ORIGINAL CHRI A New Year's Present and How It Was Subsequently Disposed 0f—Family Discords—Ihe Courts Ap- " pealed To—Result in Fa- vor of the Widow. THE BOARD OF AUDIT IN CONTEMPT. A Mandamns Against the Board---They Take the Bull by the Horns in a Counter Action---The Court in a Quan- dary---Takes the Papers *"and Reserves Opinion. THE ST. JOHN ERIE RAILROAD SUIT. Action to Recover Dividends on Preferred Stock—The Legal Meaning of “Net Earnings” — Preferred Stock Not Entitled to Priority— Important Decision. THE JUMEL ESTATE CASE. Another Day's Washing of Family Linen in the Courts—Mnie. Jumel’s Alleged Declarations as to Her Materni- ty—Argument of Counsel There- on—Decision Reserved. In the United States Circuit Court yesterday Tudge Shipman and a special jury resumed the hearing of the case of George Washington Bowen va. Nelson Chase. The whole day was taken up with a lawargument as to whether the Court should or should not receive in evidence declara- tons alleged to have been made by Madame Jumel to the effect that she had had an illegitimate son. The argument will be continued to-day. '§ John Hughes and James Cahill, rag dealers, of 27 and 29 Willett street, were yesterday held by Com- missioner Shields in $600 bail each for examination on acharge of having had in their Possession a guantity of maail bags alleged to have been atolen from the Poat Omce. Yesterday Tn the United States Circuit Court Badge Blatchford rendered a decision dismissing, ‘with costs, the bill which had been filed at the suit of Thomas St. John vs. The Erie Railroad Company. The prayer of the bill was to determine the priority of certain preferred stock to interest and dividends Over common stock. Governor Hoffman was in the Supreme Court Chambers for a short time yesterday and took a beat by the side of Judge Leonard, and after a few minutes’ interview with him withdrew, Effort was made yesterday in Supreme Court Chambers, before Judge Leonard, to punish the Board of Audit for contempt of Court in disobedi- Spce of a writ of peremptory mandamus granted by ‘the Court six weeks ago. The writ was directed to $he Board, ordering It to audit and allow the claim of a former clerk in the Finance Department. After B® long argument some opposing papers were Offered on a counter motion for a stay of proceed- ings. The Judge took the papers on both sides and there the case rests at present. ‘There was a lengthy argument yesterday before + Judge Leonard, holding Supreme Chambers, ‘upon an application hy the Dock Commisioners for & Writ of peremptory mandamus directing the Comptroller to pay over to them $500,000, the pro- ceeds of the sale of Dock bonds afill in his hands. After hearing the argument, the Judge took the points.of the opposing counsel and promised to give a decision at an early day. A suit was concluded yesterday before Judge Brady, holding Trial Term of the Supreme Court, in which the widow of George Harrington, better known as George Christy, brought an action to es- tablish her claim to the ownership of a house and lot on Twenty-third street, alleged to have been given her by her husband in his lifetime. 1t was tried on framed issues, upon which the jury dis- agreed except upon one. This, however, was the vital one, and substantially amounts to a verifica- tion of her claim. THE STOKES TRIAL. Wime Jurors Selected=The Panel Ex- hausted and a Fresh One Ordered. Yesterday was the second day of the second trial of Edward S. Stokes. The proceedings were ofthesame monotonous character as on Wednes- ay, sithough a larger number of victims for the Jury box was secured than was anticipated, there deing at the adjournment nine out of the tweive Swornin. A significant fact is that every one who ‘Was examined was asked the question by the prosecution whether he was connected with or Rew the house of Phelps, Dodge & Co., of this city. ‘When the Court was opened the room contained only & sparse sprinkling of spectators; but in the afternoon the crowd was great, and many people stood up in its outer portion, without being able to obtain seats. Judge Boardman was on the bench. ‘His peculiar face forme a striking contrast with its q@urroundings behind the dark walnut panelings. Isis unique in a thousand types of human physiog- pomy. Originally biack, his hair has been perfectly ‘whitened by the lapse of years. Still his eyebrows afe tinged with biack, and his fowing déard, the greater part of which is snowy white, is ofan iaky darkness at the roots and around the mouth. The contour of the face is Roman, and strongly Ontlined, like one on an ancient medallion. The brow is smooth and arched, the eyes very dark and deep-set, the nose with ® high curve, the lips marked with an expression of benevolence and firmness, and the muscles around them, while in Fepese, impressing one strongly with @ belief in the conacientiousness which dictates their utter- ances, Immediately IN PRONT OF THE JUDGE Gat the prisoner, as before he has done, with his Sather and brother anda young gentleman who NEW “YORK HERALD, FRIDAY, DECEMBER 20, 1872—TRIPLE SHEET. ‘Dears to him the relationship of cousin. He looked more cheerful and calm than on Wednesday. Tre- main and Dos Passus sas on one side, Townsend on the other, and behind were the realistic Sheriff's deputies, who destroy by their presence the de- luston, whichis the confirmed sentiment of some individuals, of the high heroiam whteh attends the | pomtion of being on-triai for a capital crime. The counsel for the people, Messrs. Fellows, Ful- lerton and Beach, sat in a row in front of the jury box-end presented an eminently stolid and con- temted appearance. The rest of the space within the railmg was filled with members of the press and persons summoned either as jurors or as wit- nesses. Judge Ingraham was present for about half an hour, looking curiously on. He then re- tired, The crier, in his usual rattling monotone, at pre- cisely half-past ten shouted, “HEAR YE! HEAR YE!” and silence settled upon the audience, while the Judge took his seat, THE FOURTH JUROR. ‘The first man accepted as a juror in the forenoon Was one John A. Beyer, a flour merchant. He said that he was not connected with the prisoner or his friends, but had seen his cousin, who was seated bebind him in the rooms of the Young Men's Chrigtian Association, of which he himself was a member. Both the defence and the prosecution, upon hearing this latter statement, agreed to ac- pau nin 88 a juror and he was ingly sworn sat une ete et Sen ears af age. presence Xx effect led contrast with the three gentlemen who ‘Were there re 19 Of Whom are past the prime Aithe be xion is blonde and is suffused by a slight pink ih. His nose is al- most stri in its form and his eyes are of a light grayish -. His hair is light brown and he wears a ht mustache ai imperial, both of which are tin hue. His forehead ia not par- ticularly full or high, but is rather square and broad in appearance, His eyebrows are arched and his cbin is sharp. CONSCIENTIOUS SCRUPLES. The next juror was submitted to tne triers and nue, considered himself entirely unbiassed, and has tance with no of the concerned, chalenged to favor by Mr. Fulprionis a@reader of the New York Times. Have you read what was said by it about Colonel rulgbentign oblected. to by, Mr. Dos. Passos, and The triers found him not nom potent Daniel 8. Bedell, of 149 East iy accona, etree! had formed an opinion from reading a report ‘whe trial, poh waren DEATH PEOAUT: fancy goods, 51 er street, has strong feclings on the subject of the death penalty, but if the -e' was very strong his Oath would oblige him to bring in a verdict; is a Baptist; they are not-as a rule opposed to the death penalty. Challenged Deremptorily by the prosecution, an ‘AK! NOT WA! ‘UNDERT: NTED, Joseph 8. Winston, coMin maker, 286 Bowery, let ee fact that he was once a client of Mr. Tre- Colonel Fellows—We challenge Poramapepriiyy Mr. Tremain—How many years ago is that? Mr, Winston—Eighteen years ae Boardman—Oh, there ts no necessity to Colonel Fellows—I submit that thereis. Anyone who once Khew Mr. Tremain must always admire him. (Laughter). Mr, romain entered a demurrer to this compll- ment, but the juror was excused, Cotonel Fellows’ argument being irresistible. ABRAHAM ©. MORRIS, FIFTH JUROR. Abraham C. Morris, 34 West Thirty-sixth street, isin the statistical department ef an insurance office; believes dipeelt competent to give an im- ial verdict. challenge Was withdrawn and ‘Was sworn as the fifth juror, CHARLES A. YOST—SIXTH JUROR. . Charles A. Yost, clothier, No. 104 net | would not like to be on ajusy which would condemn a man in @ case where death world foilow, Being further questioned, he acknowledged that he be- longa to a religious’ denomination, the Baptist, but an no conscientious serupl bout the death penal Ys, Mr. Dos Passos—Have you attended the dramatic fomrecentation called the “Black Crook?” (Laugh- rT.) Mr. Yost (indignantly)—Never, sir. (Laughter.) Mr. Dos Pasgos—I mean “Black Friday;’? there 1s 80 much of the black color, I confounded them, Mr. Fellows (gravely)—It arises, 1 must inform found incompetent, Three other individuals met the same fate and then came Mr. David O. Waring, a fancy (ie gl merchant, who had conscientious scruples regard to tne death alty. The prisoner looked on while he was bei examined ‘with a marked eagerness ef manner, but when~ Colonel Fellows at length said, “Your Honor, to render any farther question impossible here, we interpose @ peremptory challenge,” he leaned back again in Sgt AAG joked Biel zoe the floor. Mr. Joseph Inston, the nex! ‘OT eX- jd that he knew Trem: ut Bix- amine Bad . ain abor EC ee gO Salant Bate Mae aes to know aba sdsire hic By Ne ere ait the detence consented “that AEP Winston be excused without farther, examination, een! baad 3 Fh dad was sworn at about twelve o'clock, His Arwalinny Morris. He is a statistical clerk in an insurance Office aud knew @ good many people in- terested in the case “by reputation,” but none of them personally. He ia about. thirty-six years of age and bs le 84 West Thirtieth street, In rance no means any more prepos- Sang than his brethren in office. He has a wide forehead, large ears, nez retroussée—decidedly so— a clouded complexion, a fishy-blue eye, and wears his hair, which is brown, short, and his mostache, which fg yellow, in an unkempt condition. He looked: cea mournful when seated in his place in the jury box. THE SIXTH JUROR was secured immediately aiterwards. He is a clothing merchant, doing business on the Bowery. From examination 1t would appear that mind Is one of the most conscientious order. He did not favor the law of capital punishment, but would not let his opinion in - this influence his verdict, which he would render ‘in the fear of God.” Mr. Dos Passus asked, “Did you attend the representation of ‘Black Crook,’ or rather ‘Black Friday?” Before the juror could respond Colonel Fellows rh ates! remarked that it was but proper to expl that the associate counsel of the defence ‘was a.confirmed habitué of the theatre in which it was produced. Considerable laughter followed this saying, to the embarrassment of the counsel. 40 feel B Met acta ae and oie his meek le 18 nat 1 jeara of age, h inky black Whiskers growing all round hig and = @ mustache dis- guising his puper Up. His face and head are bacdyoyat f defined, the brow being rather full the nose slightly arcned, and the eyesdeep an black in color, while their expression is rather mild and sympathetic. His accession to the body of noble inaytyrs seemed to please the defence very much. fe is a Presbyterian and wears plain, black clothes, of a very neat cut, and has the air of & religious and conscientious family man. Mr. David Williams, publisherof the Iron Age, was rejected peremptorily by the prosecution, be- cause of his su) d inclination in favor o1 the prisoner from the tone of articles which had been published in his paper. The next person examined was a large German, who ia the ofa King Gambrinus. His raddy face and florid beard seemed to make @ favorable impression upon the leading counsel for the de- fence, but on his examination he was told to stand aside by the Judge. After recess THE SEVENTH JUROR Was obtained. He is Mr. Jesse Bolles, a retired cotton merchant, of No. 121 East Fifty-fourth street. He is a dark haired man, with dark whiskers and mustache tinged with gray, black eyes and a ones nose, broad at the nostrils. He is about sixty years old. THE BIGHTH JUROR chosen was Joseph Sands, an architect residing in Lexington avenue. He has a square head, dark brown hair, curling, auburn beard, and mustache Of vigorous growth;j 8 nose slightly retroussée rather sunken cheeks and sallow complexion, with Melancholy blue eyes. The next man called, and who was rejected, looked a Don Quixote. He had a scraggy, pointed beard and a fierce mustache, but a thin face and good-humored eyes. He was challenged peremp- torily. Richard Lane bad conscientious scruples about rendering a verdict of guilt on circumstan- tial evidence. He said that if aman should see him commit a murder he would be in favor of hat . Counsel asked if he meant hanging him- self, and his answer was lost in the laughter of the spectators. He was challenged peremptorily by the defence. THE NINTH JUROR. ‘and the last one chosen yesterday is David He! burn, @ builder, residing at 47 Broome street. He is abeut forty-two years of age, and, while not possessing a very intellectual Srpentetice, has & Gppetpanie face. His complexion is rubicund, hajra dark brown; but his whiskers, which cover the sides of his face and part of Sg is Jeatures are and irregular, 3 With modest hesitation. Several more | ree was called until the panel ‘was exhausted, forty-seven jurors having responded outof the py Babee nti Thenew panel of 150 Will be in attendance to-day. Ju Boardman ordered the nine jurors to remain in the custody of omMcers until the Court reassembled. They were per- mitted to read all newspaper articles except those on the present trial. The counsel for the defence ‘essed their willingness that their freedom should not be restricted all, but His Honor wished the trial to be soconducted that there could not occur a whisper of suspicion against any one concerned in it; he therefore felt constrained to carry out his firstintention aad had been also so advised by other judges, The Proceedings Yesterday=The Line of of Defence. It is believed that out of the twenty remaining from the old panel, and the additional panel sum- moned for to-day, the jury will be completed, The defence, it is understood, are on this occasion pre- pared with evidence that Fisk carried a pistol wita the intent to shoot Stokes on sight, and upon this line they hope te fight the prosecution success- fally. ‘The defence will be opened by Mr. Townsend and closed by Mr. Tremain. Much of the heavy work in searching out and preparing the testimony is left to the junior counsel, Mr. John R. Dos Passos, Judge Boardman took his seat at the usual hour, and the calling of the Jury panel was at once pro- shadow Father low; and he speaki ceeded with. The following jurors were called yesterday :— Lawrence J. O’Uonnor, No. 12 Pine street, archi- tect, had formed an opinion, but believed he could divest himseif of it so as to act upon the evidence, Found competent by the triers, and challenged peremptorily iy the defence, George W. Maltby, 64 Bond street, hair thought his present impression would infuenos his verdict. e Mr. Fullerton—If you took an oath to gt e@ & Ver dict on the evidence wouldn’t you do 80 Mr, Maltby—I would to. Q. But don’t you think you could succeed? A, bg is very strong. George W. Rose, corner of Sixty-ninth street and Eleventh mgr Booman of business, Sg Ma - reased nor formed an opinion about the prisoner's Sunaina eee ne ut no the prisoner's ato ether the accused was ity or tins late-o his mind arises rom his habitual caution forming an opinion. Peremptorily challenged by the prosecution, JOHN A. BEYER—THE FOURTH JUROR. John A. Beyer, flour merchant, No, 267 Sixth ave- nue, had formed an impression from what he read about the homicide, but not # very strong one. To Mr. Fellows—I am not acquainted with the ‘isoner or his , but if that gentleman sitting hind the prisoner's counsel is one of the fam! I have seen him at the rooms of the Young Men’s Christian Association, and he has been pointed out to me as Mr. Stokes, Mr. Tremain—He is a cousin of the prisoner. The challenge on both sides was withdrawn, and Mr, Beyer was sworn as the fourth juror, Henry R. Conkling, clothing, No. 16 sourth ave Your Honor, from the counsel’s admiration for the “Black Orook,” (Laughter.) Mr. Dos Passos—I was looking at Colonel Fel- lows, and, knowing his constant attendance at that Play, it egmested it tomy mind, e challenge was withdrawn, and Mr, Yost took his place as the sixth juror. Joseph Fox, of 86 ‘klin street, and Abraham ind, of 52 Water street, were disqualified. David Williams, printer, was considered a desira- on autor by the. defence, but the Prarege ton did NOt Consider him sufficiently sound on the hanging SNCs Wetack of a esngdoh atenuey” fessed. that he had conscientious scruples hanging a man for murder, and was excused. Henry Schwartz, of 227 Spring Laka hats Pres- jo Sorina of 828 Broadway, were qualified kod oplittons, a see — fel Herbert, builder, 401 First avenue, was disqualified having conscientious scruples E by bo re Inflicting the death penalty. e Court then took a recess, AFTER RECESS, Joseph R. Husson, of 111 Broadway, coal dealer, derived an impression from reading the evidence at last trial, and would act solely on the evidence now to be pape under compulsion. Excused. William A, Sturges, of 237 West Fortieth street, Was excused, James Wilkie, Jr., was peremptorily challenged by the defence, JESSE M. BOLLES, SEVENTH JUROR, At ten minutes past two o'clock Jesse M. Bolles, of 121 East Fifty-fourth street, a retired cotton pagel merchant, was sworn as the seventh juror, JOSEPH SANDS, EIGHTH JUROR. Joseph Sands, architect, of 529 Lexington avenue, although he was formerly a client of Mr. Townsend and has business relations with Mr. Stokes, of the firm of Pheips, Do & Co., was found competent, accepted by both sides and sworn, 2 Seon Ott, 287 East Thirty-sixth street; Julius A. Robinson, 18 East Sixteenth street, and Stephen Smith, 207 West Eighteenth street, were excused, DAVID HEPBURN, NINTH JUROR. , David Hepburn, a carpenter, 547 Broome street, was sworn at half-past three as the ninth juror, The Court soon after acjourned till this morning. THE DOCK COMMISSIONERS. They Want Exclusive Control of Their Own Fands, but the Comptroller In- sists On Attending to the Financial Part of the Business On His Own Hook—Mandamusing the Comptroller— A Lengthy Argument Before Judge Leonard, of the Supreme Court. The Commissioners of the Sinking Fand, on the 13th of November, 1871, directed the Comptroller of the city to prepare and issue Dock bonds of the city for the sum of $10,000,000. In compliance with this direction bonds were duly issued for the amount required, and at different times between the 15th of March and the 15th of May of the present year, the Comptroller paid $250,000 over to the Dock Department. On the 19th of last June a requisition was drawn on the Comptroller for $760,000 of the proceeds of the sale of the Dock bonds referred to, the same being duly counter- signed by the Commissioners of the Sinking Fund. Upon this requisition the Comptroller paid $250,000, but has since refused to pay the balance. Follow- ing this refusal of the Comptroller, application was made for an order to show cause why a writ of peremptory mandamus should not issue against the Comptroller, directing him to pay over the balance of this fund now in his hands, The matter came up for argument yesterday in Supreme Court Chambers, before Judge Leonard. On be- half of the Commissioners of Docks there appeared Mr. Richard O'Gorman, late Counsel to the Cor- oration, and Abraham R. Lawrence; for the Jomptroiler, Mr. John H. Strahan. READING PRELIMINARY AFFIDAVITS. First in order was the reading by Mr. Strahan of affidavits of Comptroller Green and Deputy Comp- troller Storrs, t0 which a responsive aitidavit of John T. rs thd President of the Dock Commission, was read eg Lawrence. These aflidavits simp!, set forth the facts of the requisitions explaine i and why the last one was not fully complied wi ARGUMENT BY MR. LAWRENCE, The argument was Opened by Mr. Lawrence. Ho bey ith stating the case as explained above, and then contended that the decision of Judge In-: rendered.on # similar question was con- insive in the present case, and that if this de- cision was not conctusive the provisions of the charter relating to the Dock Department clearly made it the duty of the Comptroller to pay over to the Dock Commissioners the sum asked for. He insisted further that it was obviously the intention of the ture that the moneys raised for the uses of the Dock Department should be disbursed by that department; that by the laws of 1871 the Dock Department has been in- vested with the exclusive government and regula- tions of all wharves, piers, bulkheads and struc- tures thereon; that the duties and powers for- merly vested in any officer, bureau or department has been transferred to the first board, except the wers of the Commissioners of the Sinking Fund; hat the tae as is bee id to nad bes ae pur” chase of dock propert pI ie Commis- sioners of the Sinkag iH ;.that the moneys. raised on dock bonds to be paid out b. Comptroller for the several purposes provi the act upon the requisition of the board approved k,- the Commissioners of the Sinkii Fund; that to carry out the duties and powers imposed on the Dock Commissioners it was absolutely necessary they should have ample funds at their dis- al and under their conti at they should have e disbursing of these money: emer te ae the pages that in their annual re the Or & ed in hey are required to account for the moneys dis- bursed by them under the provisions of the act. The Dock Department, he claimed, w: laced a8 DI on @ different footing from any other department. The idea was to make it independent, an: ject to good wharves and piers—an object in which every citizen was deeply interested. They were given control of all the wharf eee, of the city for this end, They were to de! e upon & jan, and this plan, ae met the approval of the Bombtsetonere of the Sinking Fund, they were en- joined to carry it out. He reviewed at length ‘the provisions of tne Charter relating to the sub- ject. The whole question turned on the construction to be given subdivisions 9 and 11 of section 99 of the Charter, The question was whether the whole amount of money Taised would be paid in bulk to the Commissioners, or whether every claim and voucher of the latter should be sent to the Comptroller, and he pay the sai by his warrant, countersigned he Commissioners of the Sinking Fund, The mptrolier had ored the requisitions of the Commissioners of Docks for part of the 1, required to be raised, and why should he to pay the $600,000 in is hands t He ceuld in except to embarrass the Com- @ vouchers to. the ‘Comptroller and let claims and youc! to an him the bills, He reads letter from General ellan se forth the embarrassments under ich the labored through uncertainty of the money they were to receive. They could not make contracts, The money was raised 8903 ‘the city was ing seven per cent interest on the bonds while money was given over to banks for their be ESPONSE OF MR. STRATAN. In passing upon this application the Court, he insisted, would have to determine, in the first place, what were the fiscal ar- Tapgements for the government of the city and how the law has provided for their administration. The present city government was reorganized by act passed April 6, 1870, This act ‘was entitled “An act to reorganize the loval gov- ernment of the city of New York,” but was com- monly known as the Charter. In section 23 of this statute it was provided that the executive pow of the Corporation should be ited in the Mayor and the departments created thereby, aud two of wee no other toe Gopertasante dp ereates were the Department of Docks and the Department of Finance. Aru- the Mayor. board was au to expend annually upon the repairs or reconstruc- tion: of the and of city not more than three hundred and fiity thousand dollars, and the money to be thus expended to be provigea ‘out of the annual taxation of the city. ¢ Commissioners of the Sinking Fuad fixed t annual com; jon of the members of the board at $10,000 each, but never established or defined the powers or duties the sald board was to possess and perors. Aiter some prefatory explanation i@ referred to the amended statute, sec- tion 99 of the Charter, setting forth the duties and powers of the Department of Docks. It was claimed upon the authority of this amended act that Comptroller should, by a writ of DD a ES be compelled to pay Dock missioners $500,000 in response to the requisition of October 17, 1872, for this amount, This requisition, he in- sisted, did not set forth for what pui this money was siiuires. There was the simple law de- mand to pay the money without furnishing to the Comptroller any information in regard thereto, ‘There was no such thi e claimed, as an inde- Pendent department. These ‘were all parts of a whole, and parts of the executive form of the gov- ernment. The provisions relating te the Finance Department cover thom all. To the latter is left the payment ofall moneys, This is its great and exclusive Provinoe. What delay there had been in the Dock Department in the prosecution of its work was due wholly to that department, and could not, he urged, be shouldered on the Comp- troller. All they wanted was supreme control of 000,000 set apart for their annual expendi- ures REMARKS OF MR. O’GORMAN. He saw no occasion for words of unkindness bee tween these departments. All the Dock Commis- sioners wanted was what the law allowed them. As it was the department was serioualy pacommode a h pg ls in rece mipnsy. They rected 0 pay on work done and con for. They bad Beds compelled % rind Satne m the courts, The whole question was, ie of these two departments intended to break the law. The duties of the Dock Commissioners were special duties; they were under the control of the layor and Commissioners of the Sinking Fund, anda their money was raised in @ peculiar way by the issuing of bonds. The question was not one of afiday.ta, but. pial of the construction of the law. He continued at great length his interpreta- tion of the law, and contended that upon no pos- sible legal ground could the application for a man- damus be denied. Having finished their argument the various coun- sel passed up their elaborately prepared briefs and other papers to the Judge for his judicial perusal in his caim and uninterrcpted moments, A decis- jon was promised in a few days, MEMENTO OF THE ORIGINAL CHRISTY MINSTRELS, A New Year's Present, by George Christy to His Wite—The Property 8o}d by the Sheriff Without Her Knowledge—A Family Le, Muddle—The Case in the Courts and How it Ended. A few years ago few persons were more widely known in this city than George Christy. Asan Ethiopian delineator he stood at the topmost of his profession. His versatility was wonderful and his success was correspondingly brilliant. It 1s, im fact, not saying too much to say that to his peculiarly marked abilities in this line is owing more than to any one else the Present prominence and success of Ethiopian min- Btrelsy. He made it, in short, a success—the suc- cess so successfully maintained by the later bril- Mant Bryants, by Wambold, Backus and Billy Birch, by Kelly and Leon and the host of imitators who, 1n every city and considerable town through- out the couutry, are to-day delighting crowded au- diences and filling their pockets with grateful greenbacks throngh their delineations of the pect ar vagaries and idiosyneracies of the negro chi acter. It would be unnecessary to state except for the purpose of our present narrative that GEORGE CHRISTY ‘Was an assumed name. His real name was George N. Harrington, He took the name of Christy from E. P, Christy, the ploneer Ethiopian miustrelsy manager, It was claimed at the time that he was the latter’s son, but this was a pleasant little fic- tion, to give him more éclat. eorge Christy, as we shall continue to call him, however, made money, as they say, like dirt. This was not ail. He spent it quite as easily. But let the grave cover his many foibles. In the DAYS OF HIS EARLY CAREER he was more prudent than aiterwards, and from the ah phecoeehy of his professiénal career bought the house and lot, 111 West Twenty-third street. This was in 1854. On the Ist of January, 1857, he gave it to his wife as a New Year's present. On the 22d of April, 1868, he came running breath- en cay aot Ky i nap id sign it righ! “T want you r and si it away 7 he aeetaimed hurriediy, ee ¥ “What paper ?”” asked his wife anxiously, “A paper to keep me out of jail, The lawyer is owe stairs cit Aes pos int sufficient ere was & lawyer in the lor Below and ae wife signed the paper. She asked no questions. Her signature would save her husband from prison and she wrote it. Two weeks from this time George Christy left for California and his wife went with him. ey left their chil- dren in the care of her father. George and his wife continued their travels till 1865, when the: again returned to New York. In 1868 George died. They lived then in their old residence in West Twenty-third street. WAKING FROM A DREAM, Mrs. Christy, or Mrs, Harrington tather, mourned the death of her husband. She had loved him with all bis faults, and she did not believe he would de- ceive her, It was some comfort that she was not left wholly destitute. She had at least a home—a shelter for herself and children. There came a painful waking from thie dream. It came within @ few days after her husband's death, “This house is not yours,’ said Mrs. Miller, a friend to her. “What do you mean ?’’ she asked, seizing hold of Mrs, Miller's arm. “T mean that the house js your father’s.’” “Impossible! My husband gave it to me, andI have never disposed of it,’” “Do you remember that paper you signed for George ? You signed away the house then.’’ Mrs, Harrington could not believe it, but it was easy to find out whether it was true or not, #0 she called in Mr, Buel, a lawyer, and had him examine the records in the Recorder’s office. The wah of the ba gas e h coe the cs thst 1 Lg pn wi claim her ator and ie Bad to gut it upon @ judg- ment obtained Benj rood againds her husband. Her father was rt 8, rt, who taped carried on-the business of awning maker at 101 Bowery. She hardly knew what to do, but a duty she owed to her children decided her. She employed the late James T, Brady as her counsel and was about instituting PROCEEDINGS TO SET ASIDE THE DEED when her father died. Mr. Gompert, it appears, had pyre deeded the property to his wife. She ad not the heart to bring an action against her mother, This mother was a confined invalid, and had been for years; and she, too, was almost bed- ridden, both being afflicted with sciotic rheuma- tism. ‘At length, in February last, her mother died, The latter left a will giving the heuse and Jot in question, as also No. 101 Bowery, to her chil- dren—that 18 to say, one-eleventh toher and two elevenths to each of the other children, Very soon alterward Mrs. Harri: mM caused legal proceed- ings to be instituted, with the view to substantiate her claim to the ownership of the Twenty-third street property. Thecase was taken tothe Superior Court, Speciai Term, and issues of fact framed upon which to carry the case to trial, TRIAL OF THR CASE. The trial began several days ago in the Supreme Court, before Judge Brady, the Supreme UVourt, Eminent counsel were employed on both sides, those taking the eee | part being Ira Shafer for the plaintid and E. P. Wheeler for the defendant. One of the saddest features of the trial was bring: ‘8. Harrington asa themapae she having to carried into the court room. She still wears the habiliments of mou! , a8 do her two daughtera— and two very loveiy and intelligent looking young ladies ar are—who were present during all she trial, The FRAMED ISSURS ‘were, a3 ustial in such cases, in the form of inter- ret ge They were eight in number. The first asked whether the deed and coavareane by Mrs, I gta tbe tnd Woh os deat and conspiracy; the second, whether le taken bythe fainer with intent of frauds the thitd, whether the re ntations made to Mrs. a tom to induce to sign the deed were true; the fourth, whether Mrs, Harrington was Agora of the fraud as to the existence of the conve; ance till February, 1860; the Afth, whether second sui juent purchases and holders of title to ti premises—to wit, Gompert 8. Gom- pert and Mary Ann Gompert, or either of them—were dona fide purchase and for @ vaiuable consideration; Mrs. Harrington ever signed the al- leged statement, authorizing entry. of Jadgment seventh, whether Mr. Gompert, at the sale, purchased {he premises in pursuance. of. fraud, and eighth, whether the purchase and re- ceipt of the Sheriff's deed therefor were in good faith and for a valuable consideration. His inven- ‘Will suggest some facts not set forth in the above narration, as the ge verification by Mrs. Harrington of the entry o Jadgnert ed ir husband, the sale of the house by the Sheriff and the Ce gd patna by her father, None of which facts she claims to have known anything about until after the search into the title. TESTIMUNY AND VERDICT, There was a good deal of testimony taken on both sides, and some, of course, flatly contradic- tory in character. It is from this evidence and the pleadings the present epitomized statement of the case is given. On the part of the deiendants the jons of fraud were of course denied. It is no more than fair to state that the Gomperts offered Mrs, Harrington an pee share in the whole estate with themselves if she would desist from the suit, All Of one day was occupied by the lawyers in sum- jing iP, and rarely ! his long continuance om the bench has Ly 4 delivered a clearer and more succinct rebensive charge. The jur; be in verdict yesterday. They answere: ‘no”’ to the fifth inte: fey ee ‘eed on all the rest. ‘This verdict—and the grounds of the aion will be seen by glancing again over the ven above—is claumed, however, as a for Mrs, Harrington. The proba- case wil’ rest here and not me The vrpperty in sas, having about trebled in’ value sincs it camer Mrs. Harrinatonst possession eighteen years og ig a very comior: her fatheriess Ching, Property for the widow an THE BOARD OF AUDIT CON1EMPT. Motion to Punish the Board of Audit for Disregard of a Writ of Peremptory Mandamaus—An End that Was Not an Eni. Several weeks ago proceedings were begun in the Supreme Court, Chambers, to compel the Board of Audit to audit and allow the claim of John T. Baker for services as clerk in the Finance Department. Mr. Frederick H. Kellogg, a young and ambitious lawyer, took the case in hana, ana he evidently finds the fight a more serious one than he anticipated. But he does not weaken or show any disposition to retire from the contest He made out @ clear case and finally reached the point of procuring a peremptory writ of mandamus against the Board directing them to audit and allow the vilaim, ‘It would seem as though there Was no way of evading prompt obedience to such & direct and plain mandate of the Court. There was a way, however—to pay no attention to it. Patient at first, but at length with patience worn out waiting obedience to the order, Mr. Kellogy procured Pp, order to show cause why the Board should no} PUNISHED FOR CONTEMPT in disregarding an order of the Court. This was returnable yesterday, and came up for argument before ante Leonard, at Supreme Court, Cham- rs. Mr. Kellogg stated that ten minutes before the case was reached on the calendar he was served with an order to show cause why the original order should not be vacated, He charac- terized this ag a mean trick and device; but, aside from that, claimed that the Board had no right to ask favors of the Court at the time it was in con- tempt of Court. He cited various authorities on this point, and insisted that no case of contempt was plainer than that of the Board of Audit in the present instance. He then proceeaed to give the istory of the case: how six weeks ago a writ of peremptory Mandamus was obtained against the joard of Audit; how due notice of settlement was pis him six days after the Boards how: was ryed on each member of the Board; how then Warike tae to move to vacate the order or appeal from it; how they failed to do either, and how at this timé, after bein FIVE WEEKS IN CONTEMPT, & stay of proceemnge was sought. The new aff- davits submitted in connection with this motion, and which he had had barely time to glance over, did not, he insisted, affect the merita in the isast, and were fully answered by the original | ster He moved to punish the hoard for contempt. They had not complied with the mandamus, though it bore the sealofthe Court. If they were not fn sontemmys he could not see how it could be possible to be in contempt. SETTLEMENT THAT WAS NO SETTLEMENT. Mr. Strahan (with a bow and asmile, rising and addressing the Court)—I will submit my papers. You can read them at your leisure, Mr. Kellogg (with deep gravity of earnestness) — What does the gentleman mean? I would like a look at the papers submitted to the Court. I want the case argued now and in Sree Court. Judy Leonard (looking blandly over his spec- tacles)—The counsel says he will submit his papers. Mr. Kellogg—I would like some chance to answer them. It is not fair to submit papers in this way. 1 would like to call your attention to section 21, page 638, of the Revised Statutes, defining the duty of the Court in this case. Judge Leonard—You are clearly entitled on the face of your papers to an attachment, and I will grant it unless the papers on the other side show some way out of the jeulty. Thus the case ended for the present, the Juage taking the papers, THE 8T. JOHN ERIE RAILROAD SUIT. Action to Recover Dividends on Pre- ferred Stock—The Legal Meaning of “Net Earnings”—Preterred Stock Not Entitled to Priority—Important De- cision. Yesterday, in the United States Circuit Court, Judge Blatchford rendered his decision in the case of Thomas St. John vs. The Erie Railroad Company. The plainti@ brought a suit for dividends on cer- tain shares of preferred stock which he held of the company. The question to be determined was whether holders of pre- ferred stock were entitled to seven per cent dividend annually before interest was aid by the company on £1,000,000 of the bonds Tisuea 1865, atte fue referred stock was first created, unsecured by nibrigage, and before eat was paid on any lease taken since January i, . of any roads worked in connection with the Erie Railroad. The prayer of the bill was that the Court would adjudge the meaning of the words “net earnings,” and to what roads, Property, &c., they related; the rights an priori- ties of preferred stockholders, the construc- tion of contracts and certificates of stock, and the duty of the company in regard to keeping the accounts of the earni and to pay the same, and the order and priority of their payment; and that the Company be enjoined from applying any portion of these net earnings, after the payment of first mortgage bonds, to any other purpose Hoan the payment of dividends on prefer- red stock. Judge Blatchford’s opinion is ype the priority of preferred stock, and he holds that preferred admissible and important. To danger that you might have hunted uy) fe A Md applied to every species of evidence that could be red rt. The declaration of a mother as to the birth or existence ofa son, the mother being dead, was competent evidence within the decisions = the byentg in Sh the of persona in cases of .. The’ proposition was, per! one of difficulty which attended the citation of authorities to support it, because he a hended it never entered into the heart of man to concetve the necessities of this. case, or that this testimony was not admissible. Counsel read from Greenleat on Evidence, to show that the decilara- tions of a mother in rd to pedigree were ad- missible on the ground of interest. This declaration of 8 mother in regard to her son—to an interest in that fact—to as great an interest aa any human being could have in any matter or uestion. It was said that the Courts had limited declarations as to pedigree to legitimate mem- bers of a family, He asked the attention of the Court to the fact that no authority had been cited here—he could not find one in the books—in which the declarations of a motherin to her illegitimate son were ever rejected or questioned, He did not find an adjudicated case upon it. But With respect to the declarations of a father regard- ing his illegitimate offspring, they stood upon a different ground. It had been held that an illegiti- mate child was nullius eg that he had no heritabie blooa; but that had never been applied in the same sense in reiatton to his mother. The fact that the mother had a son was a fact of which = faa mowing e gene was one in which e est interest of an. rs0n in the world. ere whole estion” on the relation to a@ child born not in was a matter of presumption, evidence, Tepute and blood, Counsel cited’ a case from Carrington and Payne, in which Baron Parke admitted, with reluctance, an inscription from @ tombstone respecting the pedigree of a person Who was interred in a graveyard where Dissenters were buried. If the declarations of a member of a family would be competent on the question of legitimate or illegitimate issue, a and for & much stronger reason, the declarations of Madame Jumel as bass iecp @ member of her family, legitimate or iilegitimate, would be competent. The title to this estate came from Madame Jumel, and counsel claimed that it was competent for them to show what she had declared in respect to a member of her family, The question came to this—had the declarant, who was Mme. Jumel, an interest in the estate, In Ite disposition or as to Who would inherit it, 60 far as it referred to the property, which would muke her declarations as to who were members of her family competent evidence. Mr. Hoar went on to cite authorities in support of the position he had taken, and concluded by submitting to the Court the various propositions he had advanced. Mr. Chatfield followed on the same side in sup- port of the views advanced by Mr. Hoar. The Court gdiourned at a late hour, and this morning the final argument will be made in reply by Mr. Charles O’Conor. BUSINESS IN THE OTHER COURTS, SUPREME COURT—CHAMBERS. Decisions. By Judge Leonard. Lawrence Burger vs. Rosalie Burger.—Divorce ranted, bi In the Matter of the Petition of the Sixth Univer- jou coclay of the City of New York.—Order granted, SUPERIOR COURT—SPEGIAL TERM Decisions. By apage Freedman. Lewis G. Squire vs. Louis A, Depau.—See certif- a ee COURT OF COMMON PLEAS—SPECIAL TERM. Decisions. By Judge Larremore. pobertaon, vs. Bickman.—Motion denied, without costs, Beaumont vs. Beaumont.—Reference ordered. Sisco vs. The Atlantic Mail Steamship Company.— Order to award return, Pitts vs. Pitts.—Relerence ordered as to all- mony. ‘The Ocean National Bank vs. Myers, Executor.— Extra allowance of five per cent. Winter vs, Niebel.—Motion to continue; injunc- tion denied, Brown vs. Nugent,—Motion for leave to issue an injunction denied, stock is not to be entitled to priorityover any but common stock. .The bill is dismissed with costs, THE JUMEL PROPERTY CASE. The Suit of Bowen vs. Chase—Argument Upon the Admissibility of Madame Jumel’s Alleged Declarations Respect; ing the Birth ofan llegi Son. “The further Gearing of the case of Bowen ys. Chase was resumed yesterday in the United States Circuit rt, before Judge Shipman and a special jury. Mr. Charles O’Conor and Mr. J. ©. Carter ap- peared as counsel for the defendant, and Mr. Hoar, Mr. Chatfleld and Mr. Chauncey Shaffer for the plaintif, Mr. O’Conor resumed his argument upon the point, whether the Court should receive in evi. dence the proof proposed to be given by the plain- tiff that Madame Jumel had declared that she had had an illegitimate son. The learned gentleman argued that such evidence ag this should not be received, and that it would be contrary to the jus- tice of the case as well asto the manifest require- ments of the law to permit it to goin. He said there were some remarks in a book recently pub- lished in this country which struck him as being quite relevant as an objection to this claimed rule, that they should go into ancient scandals of this sort that had & tendency to perpetuate old and scandalous stories fRet mighs have bee! circulated poqretly, and not be taken in any way, eee to poe tte 89 connexion. Mr. Edward Romilly had recently published a book in reference to the papers of his father, Romilly, and at pages 09 and 70 of ‘would ha Hi - Mf. Sag a eats mus yCon mn nen fle referred His Honor to that boo! by Lig Aged his point was t1 came into @ Court of just one deceased, and heritance, he must estabfish the fact of his being such son by the same Kind of evidence by which ne would establish any other Tact, and could not bring himeelf within the ereepncn the general rule whic! been established in favor of legitimate ed for the plainti®, He said he ‘would confine if to the question of evidence, Re required potecien oT judicial d The istinguished man Who had expressed nis uestion submitted decisi Hoar) went outside of i ee xem the question Rat of the bearing of the evidence that they imtended to offer in connection with the other evidence, fare to give after- It 'was claimed that the defendant was in of this roperty, under some colorable tle, Or Wi he a eyecul tor, who for a song bought, y tatle of of and was eee keep the pialnuia out. of his rights? If George Wasb- ington Bowen had been with Madame Jumel through her life the question, as @ legal question, was very simple, and the issue to the By, 4 nce was Offered was this:—Was on ag RI fon ae Me Bowen, of Providence, da r ohn an Phebe’ Bowen, who ajlterwards took the name of Eliza Brown, and was by name married to Stephen B. Jumel? question for His Honor to determine in this case was whether, as evidence upon that question, the admissions and declarations of Madame Ju: that Bowen was her son was competent evidence. There were several grounds upon which that evi- dence, as it seemed to him, was clearly competent. MARINE COURT—SPECIAL TERM AND CHAMBERS. Decisions. es te Tracy. John Haley va, John 8, Prouty.—Default opened on payment of costs of motion and Marsnal’s fees. Orson D. Munn and Another vs. Gilbert W. Barnes.—Motion granted. Day of trial to be set- sles on notice. WW in va. F. Werling and Another.— ee defendant (Werling) EY. Andee Gross. Henry McRicharel vs. Ferdinand Strauss.—Motion to ee order of arrest denied. Bail reduced u ry i simon Shaw vs. Isaac Brick.—Motion denied. Mary Prochaska vs. Mary Mazanee and Another.— Motion denied, without costs. Franz Keilbach vs. G. M. Mittnacht and Another.— Motion for a new trial on Judge’s minutes uenied. Herman Kuchler vs. Peter So:ms,—Motion granted. re Noe vs. Snow.—Motien denied. Geiger vs. Rocssler.—Motion granted, without costs. COURT OF GENERAL SESSIONS. Pleas of Guilty of Larceny and Buar- glary—The Culprits Sent to the State Prison and Penitentiary. Before Recorder Hackett. At the opening of the Court yesterday Frederick Smith, charged with stealing a pocketbook con- taining $2650 and a gold-cased watch valued at $30, on the 7th instant, the property of Gotlieb Laig, pleaded gutity toan attempt at grand lar- ceny. Two years and six months’ imprisonment in the State Prigon was the sentence. James L. Watson, who was jointly indicted with Samue? S. Jackson for burglary in the third degree, pleaded guilty to attempt to commit that offence. It appears that on the 17th of July an at- tempt was m: to burglartousty enter the store of Douglass, Frrare & ea 9 oo poly! ee i who were intercep' Riected “an entrance. Watson was sent to the State Prison for eighteen months. George Carver pleaded ity to an indictment char h wi ing him with breal into 47 Thompson 01 ' Honor sent we the "State Prison jor four years and xX mont ty John J, Dawning Pleaded gal to stealing, on the 5th instant, 100 pounds o: the property of William Lynch, ayd was sent to the Peniten- tiary for six months. . Kate Lutz, who, on the 20th of November, stole @ $100 bank bill from Wm. R. Rose, pleaded guilty and was sent to the Penitentiary for two years, Edgar Wood was tried and convicted of an attempt to commit bay peg A] the third degree. The proof was clear agaiust the accused, who, ou the night of the 3d of this month, wi oa by OmMicer Henderson at the store door ian Coppeiman,; No. 4 West Fourth street. When arrested a large “jimmy’’ was found upon hig rson, and an examination of the door showed Phat initentations were on it whieh were made b ‘an instrument of the same size as that found wit! “the prisoner. Wood was sent to the State Prison for two years and six months, The same sentence was imposed upon Daniel in, who pleaded guilty toa similar crime. On the night of the 12th of November the prisoner attempted to enter the office of the Harlem Gas Light Company. An Acquital. James Waters was tried and acquitted of a charge of carrying concealed weapons, COUAT CALENDARS—THIS DAY, SUPREME COURT—CIRCUIT—TRIAL TeRM—Part 1— Held uF Judge Van Brunt.—Short causes—Nos. 3879, 2023, 3155, , 3461, 8483, 3625, 3017, 3025, teal, , ‘2515, eb, a ere ae Fancher. Denvarrers— NOs. 1 oe, 81, i 4" nc! Coe 5 he id Fact—Nos. 26, 5, 48, 55, 87, 86, 86, 91, 2 oh 35 01, 88, 00" 160, 86,6, 34, 26, 84, 88, 1 UPREME Co! HAMBERS—Held by Jud; Leonard.—Nos. 23, 14, 76, hae Ay 88, 91, ow, Ss. 109, 110, 111, 112 113, 114, Tec Ase Call SupPsRIOR COURT—TRIAL Part 1—Held Judge Freedman.—Short causes—Nos. 1 dot sant 2040, 2112, 2192, 2108, 5 1756, Fri aa etet ete aee a t 1384, 1386, rag toad, aa, 1398, 1512, 460, 11, 823, 1378, 660. Pe a a org, 1054, 1442, 1124,” Part as, Yoon spobe Gao, "Tol, Tava, 1168, i188, ist, Beene se Pu Term—Part 1— ade” Hk m 9826, 2609, 1, OTS, 2897, 2 Oi a ae ik 2034, 2919, aby Recorder 2609, oxs—Held eore te Ron ere ghomas Donohue and Thomas Drowns forcere: Witiam P Dunsiee; Durglary, bigamy, ‘No fat ed ae toma ae ey de Morin, mn Murray ai ANia Pritaike, William Smith, Craig z £