The New York Herald Newspaper, December 31, 1872, Page 11

THE COURTS. —_—-—_ aA STOKES TRIAL—ELEVENTH DAY. Coutiastion of Examination of Wit- nesses for the Defeiice. ‘The Parlor Man’s Testimony Unshaken— The Theory of Two Pistols a Likely Turning Point in the Case. JUMEL ESTATE CASE. an Aged Colored Witness for the Plaintiff Untervicwed by the Defendant--She Re- fuses to Drink When Invited. ‘BUSINESS IN THE OTHER COURTS. ‘Sotmmaries—Rival Telegraph Lines—A Writ of Hebeas Corpus—Business in the United “tates Circuit and District Courts for the Past Year—Decisions. ‘There w8s \othing of startling importance in rhe testimony y +, ‘nesses yesterday inthe trial Of Edward 8. Stixes, if tie cross-examination of ,, ‘the witness, Henr)De Corley, who swere to the ‘S«Gnding of a second Peto}, be excepted. That was dmportant for the defetce, inasmuch as though the ‘Witness was exhaustive: questioned by the prose- ution bis testimony rotmined unshaken, The Proceedings otherwise were monotonous and tame, and the tedium was «ly relieved by the snewer of a certain witness, John Marshal Cowan, ‘was rather amusing, as to nis religious be- Uef and his fattnim.s hereafter, It must certainly be admitted that, as the case has so far pro- «greased, the defence presents a better front than ‘dt did on the first trial. The case of George Washington Bowen vs. Nel- gon Chase was resumed yesterday in the United States Circuit Court, before Judge Shipman and the Special Jury. Elizabeth Freeman, a colored ‘woman, testified on behalf of the plaintiff in ref. erence to a certain alleged conversation she states ‘she had had with Mr. Chase about Madame Jumel ‘having hada son. The trial was postponed till ‘Monday next in consequence of the continued in- Gisposition of Mr. Romer, one of the jurors, who ‘Was in attendance yesterday, but stated to the Court that to sit during the entire day might se- viously endanger his health and probably his life, ‘Yesterday, on the motion of Mr. L. W. Emerson, United States Assistant District Attorney, Mr. Jeremiah J. Roche was admitted in the United States Circuit Court, before Judge Shipman, te Practice as a lawyer in the Circuit and District Courts. Chief Justice Daly, of the Court of Common Pleas, esterday denied the motion to set aside the in- function granted on application of the Atlantic ‘and Pacific Telegraph Company against the West- tera Union, Telegraph Company, the Anglo-Ameri- * “an Telegraph Company, Limited, and the La Soct- €té du Cable Transatlantique Francaise Limite, compelling them to forward telegrams given them ‘dy the Atlantic and Pacific Telegraph Company for transmission to Europe, An abstract of the Opinion embodying the discussion will be found elsewhere. Mr. Havemeyer, the newly elected Mayor of New ‘York, was yesterday sworn into office by Judge Brady, of the Supreme Conrt. , John Buckley, ® notorious character, and the alleged killer of young Jefferds in Sing Sing a ouple of years ago, was yesterday discharged from imprisonment ‘on Blackwell’s Island on a writ of habeas corpus, in which a valid point in law was taken by his counsel, Mr. Howe. STOKES’ TRIAL. The Eleventh Day’s Proceedings. The Court of Oyer and Terminer opened at the ‘gsual hour yesterday morning, and the case of The ple against Edward 8S, Stokes, charged with the illing of James Fisk, Jr., was proceeded with, he court room was well filled, but interest in the proceedings has greatly died away since Stokes ‘was first upon trial for his life, some seven months 880, for the crime with which he stands charged. The prisoner wears a bolder gppearance than he when he was previously tried, and looks like a an fighting for his life against apparent odds, Droceedings yesterday presented no features f special interest, De Corley, the parlor man, was ‘Gtet put on the stand. ' ObA@S-BXAMINATION OF DE CORLEY CONTINUED. Henry De Corley was placed on the stand to be CTORE-EXPsainad by the p; ution. With a view of bilityfor the witness, Mr. Beach Of questions relating to his inthe Union army, Henry stated it he enlistedin the home guards in Springflela, Mo. ; couldn’t rémember the name of any officer or private; ne was in a battle; the home guards ‘were Watching the rebels; does not remember in avbat year he joined, Q, Was Stokes very cool when you met himin ‘the hall and he told you there was man shot? A. No; he was excited. * @ How do you reconcile that with the answer you gave on the last trial—‘‘Mr. Stokes was very spot” a, My memory is net always good. Q, You aay the pistol which Miss Hall gave you “and you handed Mr. Crockett was o six barrel? A, ‘es, a8 much as I recollect. _ @ Had the triggers guard? A, fect.” @ Youssy you handed it at once to Mr. Crock- ‘ptt? A. Yes, [called the gentleman and gave it to J cannot recol- + @ What was the conversation you say Pat Hart had with your A. He spoke about the bullets fitting She black pistol, but not the other; he said, ‘There's jechance to make money out of this;” I said, “I @ave nothing to do with it.” . Re-oxamined by Mr, Tremain, the witness stated, ‘what wai apparent to every oie, sat jie did not Speak English well. By the stock of a pistol he ‘Meant the chambers, witness continued as follows :—I saw no pis- sin the hall; Iwas walking up and down frequent- , dy; Idid not pee any person before that shooting going bending along the wall ; my talk with Captain @yrnes was about seven o'clock, near No. 203, Set Fie, two hours after I had given the pis- ol to Mr. Crockett; 1 think there was a statement Of mine taken in writing. OF JOHN CROFTON. jonne bes proved @ survey he b loor of the hotel; the pri- wate stairway door was 6 feet 1 Inch from the out- eacectacmattas eee width of th feet 4inches; the lower step 6% inches from ows were six steps besides the land! ‘to firat landing; | the irs were inches the lai ang. 8 there were sixteen steps and t! that platform; there is a hand rail on running to le a he dis. the inside door; the insid out, and the outside door inwara: fance from the head of the stairs to the corner of the parlor ball is 8 feet 11 inches, the width of the G@tair hall 8 feet and of the pario! feet; fr the corner of those feet 2 inches, and tothe door of parlor, 207, 20 8 inches; from the platform of the stairs to the in the reception room where Mr. Fisk was ; the width of the main 5 eacl door di ‘AN OBJECTION. (Objected to. Mr. Towne! offerea to show that ghen he threw the measuring tape on the sofa it Dounded off.) The sofa wa: pringy and in good Condition; the back and seat were close together. TRSTIMONY OF SAMUKL M’LAUGHIAN. Samuel McLaughlin testified—I saw the prisoner @t the Hoifman House on the oth of January; I had been helping him to get papers; we had got fn we not Mr. ing I had been hi } ie said he was goin, 0 get some papers: | to Somerindyke’s or ting with him for Mr, wenty-third street him where he could ir. NEW YORK HERALD, TUESDAY, DECEMBER 31, 1872—-TRIPLE SiemT, RECALLED. reonled. He might have said on the last trial that he would not swear that Stekes was not down two or three steps, wie bckthRSe pas Snail ae on # ee half-past nine. Pat Hart wae not with em. TESTIMONY OF GRORGE W. BAILEY. George W. Bailey testided—When I was some- where about Eighth street I mot Horace Stokes; I told him I had left his brother and we walked back to the hotel; I then learned of the shooting; I went over to the station house twice; the second time I saw Redmond; he was very excited; I tried to quiet him; said it was so sudden he hardly knew how it happened; he said there were three er four shots, and aiter the first he jumped through the door, and—if I had been there—he thought I would too; I told him I thought I weuld; he satd Stokes was down five or six Iied 4 and Fisk on the landing, but it was all so sudden that he didn’t know how it happened, To Mr. Tremain—l am a manufacturer of domes- tics; I came over in the morning; 1 had walked up from Fulton street to Twenty-first or Twenty-seo- ond street, looking for Mr. Lyle Nelson, a neighbor of mine; he lives at Greenpoint; I merely wanted to meet him; Lexpected tomect him on Broadway; Thad no other purpose; I asked Mr. Stokes if he had considered the matter I had spoken to nim about; his brother Horace had spoken to me sev- eral times; he said he had a deal of business lately and had not thought much about it, and asked me what I thought about the matter; I told him I thought it was a pretty safe investment, and he sald he would look into the matter, GEORGE W. BAILRY testified, as on the former occasion, to having met Stokes on Broadway just before the shooting and to having walked past the Grand Central Hotel with him; he saw Stokes salute a lady in one of the windows and cross the street to speak to her, after witness had declined to accompany him; witness soon after learned that Fisk been shot and that Stokes had been accused of shooting him} he went to the station house te see Stokes, and while there the boy John T, Redmond was brought in; he (Redmond) was very much excited, and sald to witness that he was so much excited that he knew nothing about it; that four or five shots had been fired, but that. he jumped out of the door after the first shot and saw nothing more; I spoke to Mr. Stokes: on meeting him in Broadway about advancipg moncy to his brother Horace to get into the silk manufac- turing business; he asked me what I thought about the beset and I gave him my opinion bout it; he said he had too much in hand then to take the matter into consideration, but that he would !ook into it some day. Witness was then examined about the PRISONER SALUTING THE LADY tn the window, and he kept to his original state- ment almost to a word. AFTER RECESS the first witness called was MARSHALL COWING, but he answered not. Mr. Townsend then read the testimony given on the former trial by Robert F. Stobo. The principal point of it was that he saw Stokes bowing to some one in one of the win- dows of the Grand Central Hotel, and bis immedi- ately alter entering the hotel. JOHN MARSHALL CORNING took the stand. He testided that he was boarding at the Grand Central Hotel on the 6th of January last, the day of the shooting; he said that immedi- ately after that event he saw Crockett Going alon; the corridor in a stooping position, as if in searc! of Pometaing: witness asked him what was the matter, an he said not to bother him; witness took him by the coat collar, shook him and askea him “What the devil was the matter?” to which forcible interrogatory Crockett said that “FISK HAD BEEN SHOT;’? that Stokes had shot him; that they had canght him at it, had founda pistol in his pocket, and aad the pistol at that time. Un cross-examination wit- ness became very belligerent, Mr. Fellows ex- amined him as to the nature of certain indictments that had been found against him in his native place, Seneca Falla, Witness would not answer except he was allowed first to explain the peculiar com- plexion and constitution of society in that rural region, Mr. Fellows would not listen to this, and the witness would not on otherwise, neither: would he take the benefit of his privilege of declin- ing to answer, on the ground that such answer Would tend to degrade or criminate him. The Court said an opportunity would be afforded him ra shed any light upon this testimony that wit- ness desi red, Witness—I think it is better that the objection be sustained. The whole Court replied with laughter to this semi-professtonal opinion of the witness, Mr. Fellows then asked witness if he believed in God. Witness immediately answered “1 do; in sev- eral gods, infact.” Mr. Tremaine then took witness in hand, very ently asking him ifhe thought he would be pun- hed both here and hereafter if he swore falsely. Witness said he did. Mr. Fellows then asked witness if he beliéved in the future state of rewards and punisiments, and witness quickly answered, ‘‘No, not I.’” Mr. Tremaim—What de you mean by your previ- ous answer? Witness—That if upon my solemn honor I mis- represent things, that I tell a lie, that I WILL BE LOST TO MYSELF in this world; I think as much about solemn honor as other people do about that Power of which they know nothing. ‘The witness was then ordered to leave the stand. The next witness was JOHN MOORE. He testified that he entered the hotel immediate}; aiter the shooting and picked up Fisk; that Fisi Said on that occasion he (meaning Stokes) ‘was too wick ior me this time;” also that he met the boy edmond then, and that Redmond said he knew nothing of the affair, and that he did not see Thomas Hart then at the time. DAVID GROESBECK, @ Wall street broker, testified regarding Fisk’s character as to disposition and temper that he was an unscrupulous man to carry out his pur- poses, and would not hesitate to have a man murdered, but was personally a coward. JAMES GILL ‘was the next witness called, his testimony up to the hour of adjournment being corroborative ot the boy Brennan's statements with regard to Hart and Redmond’s utterances while in the house of detention. The Court adjourned till half past ten this morning. THE JUMEL ESTATE CASE. The Suit of Bowen vs. Chase—Further Testimony for the Plaintiff—Evidence fa Colored Woman—What She Knows About George Washington Bowen—Aa- journment of the Case Till Monday on Account ofa Sick Juror. ‘The further hearing of the case of George Wash- tngton Bowen vs. Nelson Chase was resumed, "yesterday, in the United States vireult Court, be- fore Judge Shipman and the special jury, Judge Shipman took his seat upen the bench precisely at eleven o’clock, and at ten minutes past that hour all the jurors were in attendance anq im their places, Counsel for the respective parties were also at their posts, Mr. O’Conor com- ing in a few moments after the examination of the first and only witness for the day had been com- menced. ‘The Judge said he had received a communication from Mr. Romer, the juror who had been sick and yas pow in attendance. Mr. Romer stated that he had been coughing nearly gi night and wae jira that if he were compelled to sit the whole day in the court room in his present condition of health it might bring on @ dangerous attack of pneu, monia, Under these circumstances he did not think it would be right or proper to detain the pron, and, therefore, there must be another ad- journme:t of this Gite, Indy. Romer Were allowed @ couple of divs’ repose the probability was that he would then be quite able to attend. Mr. Chatfleld observed that the air of the court room was not fit for a sick man. The Judge followed up this remark by ststing that it was not fit for a man even in goodand sound health. The room was wretchedly ventilated Mr, Shaffer said before the Court adjourned he wished it would hear the testimony of a witness who had come a considerable distance, leaving be- hind her a sick and dying child, He expected the testimony of this woman would eoceny but a few Poy y? and probably the cross-examination would no . Mr. ‘Carter, of counsel for the defendant, wihed it to be unuerstood, before the witness was put ‘upon tl jtand, that he did not desire to be held responsible for the length of time the cross-exami- ation would occupy. The Judge—We will take the evidence of this witness. Mr. Romer will be able to sit for an hour, the examination extends that time. TESTIMONY OF ELIZABETH FREEMAN. Elizabeth Freeman, a colored woman, was called to the witness stand by counsel for plaintif. She tiled as folls e course of her evidens lam sixty-five years of knew Madame Jumel in her lifetime; I first me Oiores with her when she gave the [tica ers a party and a ae Ido not now remem- ber what year that was; I was in her employnient ; she put me in her cottage in Saratoga; I\ive there four years and nine months; that cottage Was in Circtilar street; Ilived in the cottage until pa snp A that will be about four years ago tl January; I used to go to Wash- ington Heights to see Madame Jumel; she used to send a letter to General Blanchfleld, the overseer, to tell me to come; the General would read the letter to me;Icannot read writng or Teading: when J was turned out of the cottace L had some of Madame Jumel's property in demanded vy ena to, Se. pegaet ot Soouiom; tf comaieted et tere meee wurcard. wad | toe asta 2, farious Ob{octious ,° I~ *Coune et dor te ‘lala here held up w picture | Gored thay the tae oy ana it Sonolusion Ibis or and the witness, identified if as being & Ukencas of a SUPREME COUAT—CHAMBERS. A Successful Writ of Habeas Corpus. Before Judge Brady. In re John Brickloy.—The relator in this oase was breught before the Court by virtue of a writ of habeas corpus sued out by his counsel William F. Howe. Brickley had been sent to the workhouse for two months for vagrancy, it appearing to Jus- tice Bixby that the prisoner enjoyed the reputation of being a bad, dangerous man, having killed Jef- Sing some two yearsaince. Since that ry rl Pid you furnish pictures like this to one? “a% did, ee Mr. Shaffer, or wee Ser, ind. them and he : that was all he one elas 3 'L reoelved ° Pox anda, palr of though T [hs if. sell “them irea;”’ whon I was "ae Jumel's cottage at Saratoga I 1 General Leno ow Le ea ; caretons: @ gentleman the cottage in Circular you discovered fume! and - alter @eason & walked into the yard of street. any resonance between Mactine Te ce between plaintif’? A. When he went ouv.! thought that wQ. Onn you say ifth reapmblance be- 3 OU 88) ere was any tween Madame. Jumel and the t 4. He looked like her about the shoulders; he kind of “waggod off” like her; that ia what I thought then and is what I think now; I saw Mr, a number of times; Lmet him at Suratoga; I had some conversation with him: he asked me how I was fotting along after they had turned me cut of the house; I said, Very hard; hoe asked me if I would come down to the American Hotel to see him, and said I should not be quite 80 poor or hun- gry; I went down to the American Hotel with m son; he brought me into a room where bis wile e pire while he absented himse! perv Mr. Howe claimed Brickley’s release ment by due course of law, whick was an indefl- nite term of imprisonment. The Justice neld the point well taken and discharged the prisoner. Spectal Notice. Beiore Judge Brady. The remainder of the third Monday December was; I told lim I could not stay long; a porter | motion calendar will be transferred to tho first Came in with @ Dottie, out of which “Mr. ‘Cuaso Monday calendar January, 1873. penres some ond asked = 2 Gani rie would make me feel better; I refused to "iY asido not like to drink anything unless I know SUPERIOR, COURT—SPECIAL TERM. what it is; he askod me my age and where 1 was Decision. born; I told him; he also asked me my husband's name; this I also told him; he then asked me where By Judge Sedgwick. I had ever seen George Washington “Bowens Eaward Coleman vs. Van Burgh Livingston.— I told him the first ime saw him | Case settled. cular street, when me iy struck the table and BROOKLYN COURTS. Madamo’s son; Mr. Chase said, “I was a G—d d—d liar,” I told him that Madame had a son; he then struck the table and would net let me go on; when I was leaving the house he sald 1 had better be careful or elsol might be sent to the State Prison. State whether er not Madame Jumel had stated tn you what you told Chase she had? This question was ruled out as leading and in- competent. Q. State whether or not what you said to Mr, Chase was true? ‘This question was also ruled out. Plaintitt’s counsel offered to prove by the witness that in the year 1863, at the city of New York, SUPREME COURT—SPECIAL TERM. The Greenpoint Armory. Before dudge Pratt. Each member of the Board of Supervisors was yesterday served with a copy of the writ of nan- damus, issued against the Board im the matter of the Greenpoint Armory. Tho writ directs as fol- lows:— q , We, being willing that yoald bedone tails bekalt ve Rim 'the sal Goore d enjoin you that immed should be done in during @ conversation between the Witness and W. Averell, do command Madame Jumol, Madame stated that she (witness) | ately aiter the receipt of this writ you erect an armory must not believe all the stories she had heard of | on the premises in Greenpoint, in the city of Brook: armory, at a cost of the drowning of her son; that she had not drowned bd the pore Tatty for suc! or killed him; that he lived at Providence, K. I., not to excees An thoasany dollars, and that his name was George Washington Bowen. ee ‘This offer was exciuded, again come to ua; and how you shall haye executed this ‘The witness was then cross-examined as to the statements she had made in her former evidence our writ make known to to our J 3 Supreme Court, at the Court mise an tHe city ot Wroale or louse im the city of Brook- on this case. Her attention being called to certain | lyn, coun: ‘ings, on the $d day of January, 1873, and statements, she said she made those statements, but meynzon! nga there this Te att, das Wa Sclensen thought she added a good deal more, as she WAS | our supreme Gourt, this 26th day of Decomber, A. D. very ‘mouthy” and talked a good deal. 1872, By the Court." GEORGE G. USRMAN, Clerk, ‘The case was then adjourned until Monday next, ste einer by which time it is hoped the sick juror, Mr, Romer, SUPREME COURT. Will be completely restored to his health, Insolvent Insu Companties—Un- earncd Premiums on Cancelled. Poli- cles—Important Decision. Before Judge Gilbert. In the matter of the Fulton Fire Insurance Com- pany, one of the companies rendered insolvent by the Ohicago fire, an application was made to Judge Gulbert by John J. Zabriskie, @ policy-holder of the said company, for an order directing the receiver BUSINESS IN THE OTHER OOURTS. BUSINESS OF THE UNITED STATES COUATS FOR THE P/ST United States District Court. In the United States District Court during the Past year 327 admiralty, revenue and internal reve- nue suits have been commenced, of which 115 have been finally disposed of. On the common law and equity list 107 suits were instituted, of which 29 were finally disposed of. B, on his policy of insurance surrendered to the ro- ceiver for cancellation. The recelver had refuse* to pay more than the same dividend paid to * ANKRUPTOY PETITIONG. general creditors. The policy contained f° Since the passage of the present Bankruptcy law, | clause in reference to the termination of * which came into operation on the 1st of June, 1867, | the election of the insurer, “on givip up to the present time, the number of bankruptcy | that effect and refunding a ratable etitions flea in the Clerk’s oftice of the Southern } the premium for the unexpired t strict of New York amounts to 3,802, oy.” ‘WARRANTS ISSUED BY UNITED STATES COMMIssION- | 'T. E. Stillman, on behalf of the, ERS. 2K.8., part 2, chap. 8, title 4, ar Mr. G. F. Betts and Mr. John A. Osborn, United } Edm., 491). States Commissioners, have issued during the eet Counsel on behalf of the rec year 125 warrants, embracing a variety of crimes | First—The statute impescs no and meanors in Violation of the United States | receiver. M is merely perm ; laws, right in the policy-holder. United States Circuit Court. eee uae usec On the common law side of this Court (exclusive | creditors should give J of cases against the Collector of the Port and viola- | cases of Levy vs. G@ vist tions of the internal revenue law) there were Gakenne S en rt commenced 56 suits, 21 of which have been tried | from this case. and disposed of. Om the equity side there were c hela’ 221 suits instituted; 71 cases were heard on motion Sea eageceena for injunction; 68 of these motions were granted | surrendered to t! and 8 denied. Thirteen cases were discharged | and that the same during the year. ceiver elected t 01 admiralty cases on appeal from the District | clause of the poll Court 15 have been brought and 12 have been heard | avail himself of and disposed of. Twelve reviews in bankruptcy | the ratavle prop were brought from the District Court and 7 of these expired term of t have been heard and disposed of. Petition grantec On the criminal side of the Court 110 indictments fy. have been found by the Grand Jury. During the year thirty indictmonts were tried and disposed of. Cot About twenty-five cases still remaim undisposed of with respect to the recovery of taxes from persons Convic wr manufacturing whiskey without a license. One of Befor co these suits is now pending as a test case to decide the result of the others, During the year the Circuit Court has been held by Judges Woodruf, Blatchford, Soipman and Benedict. Judge Woodruff has sa’ in Vermont, and also in the Eastern and Southern districts of New York. Messrs. White, Stilwell anda Shiclds, United States Commissioners, have, for the past twelve months, issued 230 warrants for the arrest of seen charged with violations of United States WS. Bernard Clapp W sed yesterday of bur- glary in the third ¢ ¢. He was found in the stable of Mr. Van Pel in New Utrecht, between five and six o’clock, dn the morning of the 220 November last, and Se ee ited to eacape, bee ef ‘was soon overhauled by Mr. Van Pelt, ie pris- oner’s defence’ was thas he had come over From New York that morning to see a relative in New Utrecht, and had rae ee into the stable fora necessary F., ae. set of harness, however, was found in the place put up in a bundle prepara- sory to removal, The prisoner was remanded for sentence, THE PATERSON COURTS, Discharge of the Grand Jury—No Indict- ments Against the Alleged Conspirin Silk Weavers, Nor the Alleged Incen- diarics. About half-past ten o'clock yesterday morning the Grand Jury of the Paterson Courts, December term, came in and presented two more bilia of in- dictment, making forty-eight in all during the rm. They announced that they had finishedgu te! the business before them, and Judge Bedle accoré. ingly discharged them ‘with the thanks of the Court. The Grand Jury ftiled to find an indictment against the two silk weavers, Duncan and Gilmore, who had been arrested on a charge of con: 4 preferred by one of the firm of the Phe Bik mena tarion compa! » The silk weavers were on strike, and the two mentioned were charged with threatening a man Who had returned to work, This is the case fint tried to be brought before the Special Sessi without a jury trial, over which there was so h_commotion ‘a fort- ht or #0 But the Grand Jury failed to find District Attorney’s Office. In the United States Attorney's oMfice, $10,809 64 have been paid as witness’ fees by Charles FE. Mar- sack. Two hundred and forty-nine criminal cases have been prosecuted, fifty-twe terminated, twenty-five being convictions, six acquittals and twenty-one discontinued. Ofsults brought, twenty- five were Custom House cases, Cao ee internal revenue cases and twenty-two Post Office cases, thirty violations of the election law, five violations of the naturalization law and seventy-eight miscel- lancous. Of cases terminated three were Custom House cases, nine internal revenue, fiiteen Post Ofice and twenty-live miscellancous, RIVAL TELEGRAPH LINES, The Legal Controversy Between the Atlantic. and Pacific Tclegraph Com- pany and the Western Union Tele- graph Company—Important Decision by Chief Justice Daly, of the Court of Common Pleas. For some time past there has been a sharp and bitter controversy in the courts between the Atlantic and Pacific Telegraph Company and the Western Union Telegraph Company. These two companies, as is well known,'| the charge o! ispitacy sybstantiated by evidence have parallel or rival lines west of New eperaay."- > accordingly released from custody cere Pub Boe. care of this. cis Tk. AUEM, © Srafid Jury likewise filled to find an indict- 1871, two telegrams were sent over the lines 6{ tag ment against Mr. Willtam Voliter and his book- Atiantic and Pacific Telegraph -Compa: keeper, F. 0. Booth, for setting fire to Collier's My—~one ling OHI, & Week ago Synday Dight, with which from Cleveland, Ohio, and the other from Vrginia Hoy te e chai “4 he oF wien t ey, of course, City, in Nevada, They ‘were dire" 6 to parties | Dow stand fal exonerated. set 0 in Eurgyé, On receipt of Ty, Messages here the The trial of Yan Winkle Bogert for murder wi on Monday next, nahi: satan ipeencdearensen ‘AN ENGLISH MAGIETRATE aoppen, Gent of the cOD Zany turned them ever to the | °° Aken UP ‘estern Union Telegraph Company for transmis- sion, on over the “Angio-Ai CompaaY limited,” s valentia ie a it ; An English gentleman, named Octavius Omman- other over “Le Socié Sali "grange. | 2¢Y: Feslding in Surrey, and recently stopping at Atlantique Frangaise, limites,” to Brest, Tho | ‘te St. Nicholas Hotel, he gubject of a pick. usual charges in gold were proffered for pocketing operation on the part of the notorious John Wood, alias Brown, yesterday g{ternoon. Mr. Ommann: forwarding the telegrams, but the Western Union Telegraph Company refused to send them. The latter company has lines extending from New York to Duxbury, Mass, and owns in part and leases in part te line thence to Plaister county, in Nova Scotia, from which point they put ups telegraph connection through cable, making @ continuous line of telegraph communication between this city and Europe. Upon the refusal ofthe Western Union line to forward the despatches mentioned suit was brought to compel them to accept such telegrams, and an injunction was ob- tained restraining them from such refusal. Motion was made before Chief Justice Daly, of the Court was riding on an Eighth avenue nd at his wateh, and catchin; at it, managed to take it from the hand of Wood, who started to run, but was overtaken by Officer Kinsler, of the Thirtieth precinct, and arrested. The parties soon after appeared at the Jefferson Market Police Court, when the prisoner was com- mitted without bail. Mr. Ommanney announced himself as a magistrate in Engiand, and gave his word that he would appear and prosecote. It is said that Wood was but recently released after serving out a term in State Prison. SLIPPERY SILVERBERG, Morris A. Tynberg, of No. 323 Broadway, manu- Aang Pleas, to eet aside this if Pag ie facturer of scarfs and neckties, has for some time argament upon wiiich, well as a @ | past had in his employ a man named Robert Silver- facts connected with it, was fully reported at the time in the HERALD. Stage Daly rendered yester- | Derg, and for some three months past has missed day his decision upon the. motion, Set the | quantities of goods from time to time. A few days same and allowing it to stand, The following is | ago he was offered a portion of his own Rr rity an abstract of the for sale by one K. Monheimer, of 57 Forsyth street OPINION OF JUDGE DALY. Be holds, first, taleteee h ite Foghat Kued ory upon any tel company do’ ual Bess ih this State to receive despatches from other telegraph lines which are from or for any indi- vidual upon the payment to said company of ite usual charges, and it requires the company to transmit the despatch with impartiality and good faith, exempting it, ve heaeat from any obligation He questioned Monheimer as to where ob- tained the goods, and was informed by him tbat he had purchased them from Wiillam Steinberg. Steinberg was then seen, and he claimed to have Seeecaten from Robert Silverberg. Detective ington arrested Silverberg, who confessed to havi stolen the property, and further acknow!l- e to the theft of goods, valved in all at about five hundred dollars. He was committed to receive or transmit Pin from or for oy yesterday by Justice Hogan, without bail. co owning a line o: qeeerere paraliel wit! —__-- --— or doing business in competition with the line ever BURGLARY. which the despatch is required te be sent. As — to the power of attormey required by the William Reilly was arraigned at Jefferson Market yesterday, charged with burglary in entering the grocery store of George Lubken, No. 18 South Fifth avenue, at an early hour on the morning of Sunday, and stealing @ quantity of ale and some other articles, He was observed by Officer Yor , of the Fifteenth precinct, in company with another per- son, not arrested, on Amity street, and taken wkh the property in his ion. He was committed in dbfault af £3,000 bail to answats i Western Union Company he decides that this would be bol cc Pad at {a practically impossible, As to autograph. atures or satisfactory be in each instance that the Coy ya] prescr! for transmission was subscribed by the pi m whose name is subscribed to it, 1¢ was avei by the laintifs and not denied by the defendants that jhe latter have never required the latter. Courts of justice could not fx the prices, but they could compel conlormity to certain, general l nl "SHE DANN HOMICIDE, [sspears tenet eae tog ne a Adjour i y p SEPARA RpverseotionrnVondies Agotnth | eae ne a OMY SS3ete BLAND, Corton Caen _™e death of Joha Dems, Of Mo, 9 Lispenara ~ Board of Assistant Aldermen. strest, from @ stab wound of thé Wrist and arm oe Moxpar. Deo. 28, UTE. with ® oarving knife in the hands of Obaries | a qasrutoysancubore; not? Tresdens In the oir, an Cordes during a quarrei st 179 Duane stréet on An slicensing of condueters om the 26th day of October last, has heretofore re- | city railway care or of city railway care, Postedly been Published in the Hina, Yester ng ‘row pie Saano or eee oan Coroner hi tion, | _ That ‘West street, wed it appeared thas olden nad Eaeasiaation. | southeast corner of Chambers and West sisects te tee had some angry words about American polltics and | trance (0 the Pavoaia aves ; the German war, and the dispute continued for to ny of sweet Shs for displagian tees cob some time, when Houck calied Gordes offensive all permisidoe neretotore ivan tp eubeultate 4 aD oe ie = Oe ean” ner | and the Comimissioncr of Public Werke ts dineten tween the belligerents; but Cordes, bet unablo to. control Anger, caught knife, and, making 9 pags at a8 stated, Alter ‘fogeting for some weeks Dann died from pyemla, as testified to by Le ped Coroner Marsh. je jury rendered a Verdict against Cordes and the Coromer committed Ren eae eee aha ene fe e -five years co Prusate and 1s @ painter by fade. He ‘ienied bis JOHN OHARE'S DEATH, ‘The Murderous Assault and Its Tragical End in East Forty-Sixth Street. John O'Hare, the laborer, late of 303 East Forty- sixth street, who received a terrible fracture of the skull from repeated blows on the head with # Houck, out Dann, reot the Works be directed to have 1 street, from Avenue to the Boul and gaucr stone act an vrai flagged and w with the Teli be di by the riege way wi corner of Cort- t ona line with the hatchet im the hands. of John Fit: 8 during the tog, died on Sunday ‘night Ge bis resideuce irom | #tand ie sdetraltbe tayaes ae ni at residence from oud re the effects of the violence received, To-day De Te a Hap ihe, Hocloren@ te Coroner Marah will make a post-mortein cxmaing, Gateae aeatee feat Cady Au Graded, ine tion on the body and Coroner Young wilt hold an inquest at a future day. In the meantime Fitzgib- bons, who wasarrested, remains in prison awalt- agued. ikon Gast side ot West street, from Hammond street to Tenth ‘avanua, be fay get. te That on boil cl ot h street, between Nint® cu ing the result. aus aud gutter stones be set and re- age at ral the north sid eighth CITY GOVERNME NT street, betwoon Broadway and sixth Srenier te wRKod. . That the sidewalk on. both. sides of Filty-first street, That both aldcs of Worla ‘stesen’ frou 1 Uinta a street (OF FICIAL.) to Centro surect; both sites of Fark surect frou Males Boi of Aldermon. sere oom Chatham : atrect to Beate ir stones wr STATED SESSION, we be eo ee ‘That street lamps [ween First ave the side Huds TuRDAY, Dec. 21, pAlderman Vance in tho chair and'a quorum of mem- RESOLUTIONS LAID OVER. River Drive bo soptinted aud tied ae en aad sane , an ry ru stones set aiid tho sidownlks fl 3 bored ‘That the Comptroller be directed to draw a warrant in the Commissioners of the Sinking Fund ‘or of the President of the Board of Alderme and the President of the Board of Assiatant Aldor for the present year, cach tor the dollars, for services rendered. FAPRES FROM BOARD OF ARSISTANT To regulate, &c., 152d street, tr to Eleventh avenue. late, grade, curb, gy holas to “hat from H Ts enue ‘nth atr Te flag the sidewaik on t Groot, betwen Sixth and from ‘Nihtnssigewal® he sidcw to pay in full the amount of the unearned premium — (ther _ ead the -aivert b the catreet ake eat ee: $ with Belgian or trapblock paveucee, axect, from Bleecker strat to West, be ner ti es ashs oes had ive—Assistant Aldermen Foley, C reso isky, SChwarte . Hobinson, Healy, Kraus, Codd hey, Costelto, Wade. Gols, Simonsen ae ext, 26th Inst., at 2 o'cloem HOWABRLS. RELLY. Olek «ag situ: on vit 40d in Forty- or fonth avenue. ed 10) pao allay sty. ss att®,tiayor ‘hall’ bo’ane, with power to i eations and md present City Halland extend the waco ce € and'the President—I6. nil pAdvourned until ‘hureday, aw soquested eal « Gouneil power _FOR SALE. saat Haver be eguimecttect (fom Firat ayonue to the | {griune; would take partuer’ terme eaay. estguiare ‘That street lamps Le ligh 4 ambers street. Comminoner of Public Works, nights sovesea street GHORGE W. SIMERS, Siore Agency. ce enues A an: That avenue A, from Sixty-first to Fighty-sixth street, A EINE, MQUOR AND BILLIARD SALOON OW Eighth avenue for sale chea} Syster Saloous, Corner ‘ila Meat Markets, Stores. 4, Hat Stor tore Agency, 77 Cedar street. RARE OHANCE,—FOR SALE, ON I Meat Markets on the cast side, eneuliened Re Apply a® ears; satist for’ iy Fist pert add Treasons given for sel PAYING RESTAURANT FOR SAT iCapplied tor soon, at 139 Spring sinete™ CAPITAL LIQUOR STORE FOR SALE GHEAP-IN A the Sixteenth ward; if t ‘told by auction om Friday next at 1otoe ney Ma Be LLOYD, 29 Broadway, Lh. Broadway, _ Cost YARD FOR SALE—WITH 16 YEARS’ LEASE be regulated and graded aud the curb aud gutter steaes se ‘That the sidewalk on the northe street, evar’ va feet cast off Becoudavan ey be agi jewalk on street, between Firat and Second avenuce te nee Couelly a coxenceinee AAZoF and Clerk of the irsion | A in indenture of lease be: tween Jane De Zea and the Mayor. Ald 7 PHS Camgl fne bu warane tx nora omptrolier draw warrant in favor of Martin B. Brown t ra of Assistant aiden nid priatiag for, the igre ‘That the Com; ohh te Comptroller draw a warrant in favor of John Mie Board of Aldermen, 6°" 9794 8, for stationery for That street Ii i ayentt scot lamps be lighted in Nineteenth street, from -fourth ed. ‘That 1,000 cole of the Annual Messago of th Of premises good location and doing a profitable Tuly 15, 1872, on file in the oft @ Mayor, | business. Address COAL, box 143 Herald Untowa mon Coupe be printed in. dooument ene of the Corn: office, 14. Uptown Branets companyiny Tita Gi Std ako a ed several departments of the La ¢ lamp post an: Seventh avenue and Piftieth street be replace oraer OF ‘rman tne Peso ig ; lve—The President, Aldermen C Fitzgerald, Joyce, Martin, ‘McLaren PameeRe inmussioncy of Public Werke havo ‘the Ninth avenue, (rom. the southoshe cee a, OR SALE—ONE OF THE BEST CORNER LIQUOR stores in the Kighth Ward; and location inquire ot Mr. BU 01 Vacick trae i OR SALE—A SACRIFICE, A LADIES? Pe lng and Fancy Seeds akice sn Aoi EUR HiMs PemgntaKe OF any good security. Address Wike KINS, Herald of ie southerly side of P flagged, by days’ work or in such other manner ashe fea ana asa iglagte othinateys i pa dred Depardieu Blain, tray gee pavements 00 treet and West Broadway across the square to the rooklyn, city and | - FF SALE—8,0% FEET WHITE HOLLY, APPLE ANB argain. A. Ki cedar Veneer rf % 2 t, between Grand and Howard. 5 Centr OR SALE—A GOOD SECOND HAND ENGINE Lathe, 744 feet ta soth inh avensaeu Sonce™ CDG Sine ae west side of Hudson street, directly opposite. OR SALE-NEW AND SECON: Ks, ‘That Jay street, trom Hudson to Greenwich stroct, and Show Cases, Chaits, Stows Ol ne alin, Oyster fiom Wasi nington to West street, be paved with Belgian or Med oy SIT the’ adore eedneteing. sufficient for boxe For Tamediate use. 'y from the appropriation tor | APPIY 647 Hudson street, : - “Ol ott a of $1,000 for paiutin, *Hedteeatas CRY ot veemacmee uray “iter Heaps te Wea Wala ws van eve nue, be reiunibe! ip Thats sewer with the necesa gg bebe First avenue, fos Wisl, agin and ayat be tomuliged ‘an from the Third to the Fifth ave be ul Nya and the tatty, oo cor ah rat hatvhe sidewalk is front of a PF, SALE—AN OLD ESTABLISHED, FIRST CLASS Butcher Business Stale in Tom king Market Rea Teach ie sega tooated ‘tures complete and in fine order; reason for seliit A froin bustnoas Appiy te SOHN BON Paweome® Fete FS SALE OR TO LET—A SUAP AND PERFUMERY Manufactory, with cood wi 3 ana well looated: “Address SOA? Heats amie {Cac OPPORTUNITY.—AN OLD ESTABLISHED je red. ‘West Fifty-fifth street o. Clothing Business, 18 years? standing, with Custe- ‘That GX etdewalk my, partment, to be sold at once; illness and retirir, oan, abot 230 ay of nl ane faggcde eh | HEED igrmm smemllte For’ tall partied 9 44 fame Bixtoth to Sixt oh, recht nth avenne, from : ry flagged. RIG avenue or drive betweth’ ighth Ninth avenues, ane otetoenth siren dnd after today hy mall i rth street lated n from avenus ooK HP ing ter tle Toor 9g fe WAY pa’ Fila sidewas NEW YEAR'S TELEimAw cn nived'rondway pavement, u yelford macad- }- sana oettecareieranastaa be pitgauls taht se ee iinietastal “third York, anda similar tanmp in trot of ‘he 2¢21% Sou THE MOST READABLE nce. +2 *. ‘HE . at two boulevard lamps be placed and T:ehtea 1. |- —wv. 223 SN TMB CITY, front of the Church of the Holy Sepulchre, on sc Vent}: | fourth and Fourth avenues. Guest, pecwnen, Lexingtor + ik on th Iy. side ot f > x ache AS AE te nue, botween 12th nud 128th Sireet be finggedon | My SALE—A TEN-HORSE PORTABLE ENGINES Tiiat the vacant lots on the north’ side of Fity-seventh % horsdionary Engijnes, two 10, one 12, two? e et, About 250 feat east of Ninth avenue, be fenced in. Hower; also Bollors, 10 to @ horse pov ‘That the Commissioner of Public Works be and be is | MCLARE*" 7hird and Grand streets, Hoboki Mediate removal o¢ he pubic wriuai at Autor place," | TOR BALBoaye RNGINE AND BOILER, bes ee ae ir place, NE AND BO) ‘, Fae aT e eS rgermen Coman, Cone: | Peale inter sie ns Races ver, Falconer, Fitagerald, sores McLaren, Plunkite, | —weney-second strom and Eleventh avenue. Radde, Vance, Van Schaick and Wilder—12, ILL SELL FOR Gag OR GOOD SF aha hy Reh nent! MO | A eng Poe, Bi, at visors q 7 JOSEPH SHANNON Clerk. pre ap agg Ey 40 on ee EUROPE. [lie COsMOPOLITA | AND TS faking Bare Neot Hue Seribe Paris visiting Parts med that the Cos Taunspay, Dec. 26, 1372, a REPORTS LAID OVER. That a sewer be built in 162d street, from avenue St. ‘are’ in Nicholas to Eleventh avenue. famed ‘the erican and Kaglish 4) ki theast { Seventh 5 wi 5 y that on both sides of Porty-ol ith street, between r ever Upper Norwood, London.—To t ne Ninth and Tenth avenues, curb and gutter stones be set | families; its elevated, pleasabt and most salu ss and the sidewalks be lagged and redagged. tion, combined with the comfart and mrThat the sidewalk on bo ih sides of -pinth street, ment, have made tho Gusen's boial ry z ‘That. the sidswalk on the south side gf, it, Maree | SE teccday. ae eecele haat place, commencing 83 ts. rof Second avenue ai CLOTHING. Fifhat the mdewalk of the south side of Pifty-tourtle | << ercara a street, betrreen Bixth and Seventh avenues, be Aageed, TM. MARKS) WELL KNOWN ESTABLISHMENTS, sin ge ret pe Prengegs Mieholas to Klovenih | (1, odaontiemen day feel yin value That o1 Doth sdos of tol streak, from avenus 8 Nicho- | east for thelr Gast a Carpets, Jewelry, Laces, Jdewslks be fingped Gutter stones de set and | 1°.,,c, waited on by Mrn Marks ey and saat ate fouraike lad ftom the south se o pi Xo. yourself. ' Adjourned a Usatarday next 28th instanty tmnine- AVENUE, NEAR TWENTY THIRD THI AT sreet a. LEON and Gentiemen’s rice for Ladies? diately after uroment of the Board of super: EON pays the highest price for Ladies visors. SORKPH SHANNON, Ole and dentiomen's, (aot of Clothing, Carpets, Satunpay, Dec. 8,197. | > EDWARD MILLER® WELLEROWN ESTAR Prosent—Alderman Plunkitt in the chal anda quorum | AT, EDWARD MILLERS | WELLRROWS Betis of members, 1D OVER. utmost value pad ‘er pinata sewer be vali ins nue A, from Sixth street to Seitby calling on or addressing re 3 Se PAPERS FROM THR BOARD OF ASSISTANT ALDERMEN LAID OVER. 1 SIXTH AVENUE, NBAR TOURSH STRE RT ie = O1 ment haying just Ls ume trom Bleecker ret to West, be re Here for Cancer Clothing, Drewe race ra ea Mekal Petition of Garah M. Andrewa and Aaguste B. Morgen, Bee!