The New York Herald Newspaper, January 4, 1873, Page 8

8 THE COURTS. —_+—___ THE STOKES-FISK TRIAL. lose of Testimony in the Oase—The Rebnt- tal Evidence Brief and Unimportant— Able Summing Up of Counsel for the Defonce. The Prosecution to Sum Up To-Day. ‘BUSINESS IN THE OTHER COURTS. Summaries, Decisions and Cal- endars. hore was the largest assemblage, in point of gumbers, at the Court of Oyer and Terminer yes- terday that has characterized the proceedings in the Stokes trial since itscommencement. The large court room could not accommodate half the num- Der of people who congregated in the halls and corridors. Great as the crowd was during the Morning session, after recess the throng was con- Biderably augmented and the room was densely packed. There were representatives of the fair sex present to the number of a round dozen at Jeast, and, as in a!l cases, they occupied prominent weats, the— ore enabled to observe what was going on unobstructedly, while they themselves, no doubt, Were desirous to come in for a fair share of the interest of the occasion. During the forenoon a number of witnesses ‘were recalled by the prosecution, for the purposes of rebuttal, but their evi- dence aid not materially differ from” that given by them at their previous examina- tions. After the recess Mr. Lyman Tremain, lead- ing counsel for the defence, proceeded to sum up, addressing the jury for the defence. Counsel Made a very eloquent appeal, and throughout held the rapt attention of the audience. Not the least incentive to the sympathies of all present might be found in the presence of the mother, brother and sister of the prisoner, who have faithfully re- mained with him day in and day out during the entire trial. Mr. Tremain had not concluded his ‘able speech at the adjournment of’the Court. He Will resume this morning. Yesterday Louis E. Gofield, second mate of the American ship Black Hawk, was charged before Commissioner Shields with having, on the 2ist of October, on the high seas, inflicted cruel and un- Usual punishment on Andrew Stinwyst, a sailor employed on that vessel. It is alleged by the com- plainant that Gofleld struck him with a belaying pin, knocked him down ana kicked him in the head and face with his heavy sea boots. Gofleld ‘was held in $1,000 bail for examination. THE STOKES TRIAL. YVesterday’s Proceedings—Close of Testi- mony and Summing Up of Counsel for the Defence. The whole of the morning yesterday was taken up with rebuttal testimony for the prosecution, which was, however, of a character to leave the ase made for the defence almost intact. ‘ LOUIS BURRELL—REBUTTAL, This witness, who had been sworn the day pre- ‘vious, was again puton the stand. He was called to rebut, if possible, the evidence of Stokes, who @wore that he had not hired Burrell, and that he had never threatened the existence of the de- ‘eased. The Court decided that as the prosecution had Jailed to ask Stokes specific questions relating to Burrell, they could not reopen the case now, the prosecution having rested, by calling the witness to contradict the prisoner on general questions, ¢ The witness went down. ‘MRS, EMILY MORSE ON THE STAND, Mrs. Emily Morse was next called and sworn— On the 6th of last January I was residing at the Grand Central Hotel; 1 was acquainted with Col- onel Fisk; he had visited me at that house about #ix times during my stay there;1I knew him before de came to this city; 1 never knew bim to have a pistol in my life. Q. Did Colonel Fisk ever take outa pistol and Jay it on the piano in your room and in your presence ? A. Never; I never employed a washerwoman while ‘atthe hotel; we had our washing done ata laundry; Inever employed a woman named Adelina Barker ‘BS a Washerwoman; I engaged Jennie Turner the day aiter Thanksgiving of last year; Jennie Turner remained in my employment up to January 109, 1871. The question, “Did she (Turner) leave without your knowledge or consent f’ brought ona twenty minutes’ discussion as to the materiality of the question. It was finally allowed. Witness—I bad no knowledge of her Icaving; when she did leave she leit all her clothes behind. Cross-examined by Mr. Townsend—It was 1 em- ployed Jennie Turner; I have been married; I am Dow a widow; my husband died in Chicago; one of a brothers was in the cotton business in Boston with Mr. Fisk; I couldn't say how long that busi- ‘ess connection existed; I have three brothers; on the day of the shooting I was at the dentist's; my daughter never wrote to Colonel Fisk asking him to call; there was no relation between Colonel Fisk and myself or daughters; he called merely as a friend; my son went and brought Jennie rner from a protective Protestant association; one of my daughters and my son are in Europe; I paid the bills at the Grand Central Hotel; 1 am positive on that point; atter coming from the dentist's I ‘Went to my room; saw Jennie Turner there, who told me what had happened, and I then went down and saw Colonel Fisk ; we removed to Thirty-second strect after the shooting; I am now residing in Thirty-fourth street, in one of my mother’s houses, OWEN W. BRENNAN, one of the Commissioners of Public Charities ana Correction, Was called to testify as to the reason Of the discharge from the Penitentiary of the wit- ness Stapleton, who testified that he iad been dis- charged for political reasons only, His evidence was objected to as inadmissible, ‘and the Court sustained the objection, JOHN FITCH, warden of the Penitentiary, was called to give evidence on the same question, and as to whether Thomas Stapleton was absent from the Peniten- tiary on the 6th of sanuary, The witness said if he had been absent he would have known it, and be did not think that he was absent. It would not Bave been possible for Stapleton to leave his post on the Sth and remain away till the 7th of January without my knowledge. RICHARD B, RAVEL ‘was called to give his knowledge of the absence of Stapleton on the 6th of January. The witness was keeper of the records and clerk. As he could tes- tify to nothing of his own knowledge, but only from what appeared on the books, his testimony Was ob- jected to and the objection was sustained. Thomas Hart and the boy-Redmond ‘ere both recalled and asked as to whether they sa\t a pis- tol in the hands of Colonel Fisk when he was shot. Both denied having seen any weapon in the pos- .session of Fisk. Hart said he was not standing near the elevator at the time of the shooting, as testified to by Jennie Turner, and he was positive that he did not see her on that day at all. WILLIAM P. MONROF, sworn, was asked if he koew Mrs. Morse, and whether sie became an inmate of bis house alter she had removed from the Grand Central Hotel. The defence objected to the question as imma- terial. Mr. Beach said he hoped they would be allowed to repel an insinuation against that lady. The de- fence had stated that she went by another name than her own at the house of the witness. The Court allowed the SRestion, and the witness answered that she did have rooms at his house and passed under the name of Mrs. Morse, WILLIAM MARSHALL, acolored servant of isk's, swore that he assisted in dressing the deceased on the morning of the 6th of January; he had no pistol in bis cloties on that morning. Two other witnesses were recalled and testified that they both assisted to dress the Colonel on the | morning of the 6th of January, and they had né- ticed no pistols in his garments. EDWIN KR. M’CARTHY rorn—Am bookkeeper at the Hotel Brunswick, on ith avenue; I was bookkeeper at the Hofman House from 1805 to Mi toy 1, 1871. Did you see a Mr. Andrew Parker and the | jsoner together in the barrooim of the Hofman Bouse ? A. L did; I saw them talking together six ht weeks prior to the tragedy. or ere Tremain’ objected to the question and + “Golone! Fellows said that it was Parker who re to @ conversation he had with Stokes when made threats against Fisk’s life. The ww denied ever having seen Parker, and be NEW YORK HERALD. SATURDAY, JANUARY 4, 1873—WITH SUPPLEMENT. now offered to prove by this witness that Parker and Stokes were together. The Court allowed the question, and it was answered as above. JOBN R, KIMBALL, sworn:—Prior to the homicide of James Fisk I knew Stokes and Andrew Parker. Q. State if six or eight weeks prior to the shoot- ing Honman Howse topetses) ca Weweren ¢ Hoffman House er? A. We . prisoner toMr, Andrews? A. , sir. . What wag the conversation that took place vetireen And and Stokes? A. Idid not hear PROSECUTION REST. The concen Stated that they would reas here. Mr. Townsend, for the detence, recalle ‘Thomas Stapleton, His evidence was, 0 jected to ver . ” as going 0 on. ne . was called Insti xd. . Townsensé said that he proposed to show by nis wwitness is on the 6th of January Thomas he mat from the Penitentiary, aud had ealied up witness; that he also narrated what he had ¢°en at the Grand Central Hotel to aes be saw a lady pick up a refected by the Court and an of his broth- Pike street. terday, charged with violating the corporation ordinance against obstructing the street railway tracks by shoveling snow upon them. They were mostly held to ball tO answer at the General Sessions. Among them was Mr. Stephen A. Main, one of our most wealthy cit who caused him- self to be arrested with a view to teating the law. Mr. Main was ai ed, in ee ith an em- ployé of his, Benjamin F, Batchelor, who was acting under his instructions, upon complaint of James A. Richmond, Superintendent of the Twenty-third street Railway Company. Assault with a Knife, George Livingstone, of 635 West Thirty-ninth street, was yesterday committed, in default of $1,000 ball, for stabbing Patrick McDonagh in the face several times with a knife. ‘The parties were neighbors, and in a quarrel came to gg iS the results mentioned. ‘The injuries of Donagh are not serious, Paternal Solicitude. Joseph Thiry appeared at Court yesterday in cus- tody of an officer, charged with assault and bat- tery on his father, in striking him on the head with apitcher. The father, in making the complaint, was very bitter on the shortcomii of d ial favor of the be committed without ball. The mother, who was peanens. pleaded, on the other hand, for his release. lig Honor concluded to pursue a middle course, witness kept for half an 4 A recess wag liere taken for an hour, rR. TREMAIN SUMS UP. After the Cort had reassembled Mr. Lyman Tre- main, chief ‘asel for the , amid breath- Jess silence, abuse and proceeded to address the jury. it was underst that no restriction as to time should be placed upon him. He commenced by thanking the jury for their attention to the case and the Judge for his impartiality. In more than thirty capital cases counsel had taken part either as Attorney General or private counsel, an never had he known the scales of justice held with firmer or more even hand. Here was the defend- ant, a young man, never before accused o/ crime, reared of a good stock, seized twelve months ago by the officers of the law and imprisoned ina felon’s cell. TEN YEARS HAVE BEEN TAKEN FROM HIS LIFE, and Time has imprinted on his head the marks of Pras oldage. His venerable father sits be- fore you with beating heart and tearful eyes to await the words that will restore him to his arms or consign him to a feion’s death. Beside him, too, sits his mother, where a true woman should be— she who taught his infant lips his first prayer—she, too, awaits the words that will give her an emanci- ated son, or give him to the ds, it may be, of puolic executioner. Near him, too, sits the only brother left, and cousins, men of honorable name, connected with the business interests of the city, awaiting the verdict of the jury. Con- vinced, as Iam, of his innocence, and that he was brought here through the associations he formed with the man whose death forms the subject of this investigation, I wish for the ability I have not, to impress upon you the convictions which are my own, THE STRUGGLE AN UNEQUAL ONE. ‘The whole power of the State is against this pris- oner, The detectives swarm on every hand. Against him appears the counsel appearing for the District Attorney, and who told you he has re- ceived kindnesses from the prisoner’s hands. In view of the array against him, the prisoner has good reason to say, “Save me! oh, save me from such friends!"’ Associated with him are two veteran counsel, selected tor their ability and learning, aad who have pressed the case so that it would seem as if they were determined to leave this Court with the bleeding scalp of this young man upon their shields, The struggle is wholly an un- equal one, but nevertheless we do not fear to come before you, and rely upon your verdict, which can be nothing elae than to:al and absolute acquittal. Counsel denied the assertion of Mr. Fullerton, that THIS CITY HAS BECOME A BYWORD TO THE CIVIL- 12ED world on sc of its absence of justice against criminals. ¥ @ time bad men were in high posi- tions, but now the judiciary is honorable, for the people roge up to overthrow the bad men, and they did so at or about the time when the eai career of James Fisk verminated. No counsel for the gov- ernment has aright to state in his opening what he cannot put in evidence, and itis vain. for the Judge to guard the jur} et improper influences if such statements judge Fullerton’s as to the number of homicides pepered im the papers were to be introduced ; and if any juryman shouli con- sider those homicides as an kd aa to be used ee the prisoner he would prove false to his oath, to Big country and his God. If any of the jury were to be influenced by popular clamor, or the shriek of the counsel for the government, vain was the discrimination exercised in selecting a jury. Counsel continued in an able review of the testimony given on the trial, criticising with legal acumen whatever appeared to him asthe weak points of the prosecution, and enlarging and en- forcing J the mind of the jury all the salient coignes of vantage which bis own able cross-exami- nation Of the witnesses for the prosecution re- vealed and the presence of unexpected witnesses for the defence developed, Mr, Tremain commenced his summing up at half-past one o’clock, main- taining his able résumé of the case and his com- ments thereon, and his aupeet to the judgment, perhaps, but certainly to the sympathies, of the welve men in the box, ashe proceeded ina very eloquent manner, up to the hour of adjournment. Mr, Tremain had not concluded, but will resume and close his address this morning. BUSINESS IN THE OTHER COURTS. UNITED STATES DISTRICT COURT. Bankruptcy Calendar for This Day. Before Judge Blatchford, Connolly vs. Allen. Sexton vs. Wetherall and Wetherall. Cochrane vs. Courtenay. McDonald vs, Leask & Sawtell. Palmer vs. Ryder. Fleescheiner vs, Reed. Arnold et al. vs. Haw, Jr. Arnold et al. vs. Hoffman. Bolton va. Buckman & Wolton, Jr. Pike vs. Vaughan & Kennell. Chambers ys, peeeacks Buckman vs. Fink, Ahrens et al. vs. Uliner. Cavanagh vs. The United States Patent Wool Company. Nugent vs. Haas & Sampron. Weddiger et al. vs. May & Berwin, Arnold et al. vs. De Wolf. Heinchman et al. vs. Gruhm. Argument Calendar. Bonnell vs, The Montauk Iron and Steel Com- pany. Kindberg vs. The Hercules Mutual Life Assurance Society of the United States. The Importers and Traders’ National Bank vs, Stemberg & Freidberg. SUPREME COURT—-CHAMBERS. Decision. By Judge Ingraham. D. ©. Hughson vs. Henr. Bell.—Receiver ap- pointed. The exemption is limited to ¢: SUPERIOR COURT—SPECIAL TERN. Reviving an Old Law Sait. Before Judge Monell. ‘The particulars of the action brought by Henry D. Stover against Daniel M. Porter have been re- ported in the HERALD. The suit, as will be remem- bered, grew out of transactions connected with the late civil war, and involves a charge by the former against the latter of having obtained while acting as his lawyer some $20,000 throngh false pretences. Some time since the suit was dismissed by default and this was supposed to be the end of it. The case, however, was revived yesterday through ap- lication of Mr. Stover's counsel to open the de- fault and restore the case tothe calendar. This application was granted. Decisions. The Ready Roofing Company vs. Lyle.—Motion to open default and stay proceedings granted, Gregory vs. Gregory.—Order granted. Haas vs. O’Brien.—Motion granted. Rosinplatt vs, The Pacific Fire Insurance Com- pany.—Order granted, COMMON PLEAS—SPECIAL TERM. Decisions. By Judge Larrimore. Devoe vs, Kudoppel.—Reference ordered. Williams vs. Wiillams.—Motion dismissed, with $10 costa, Potter vs. Bernard, et al.—Reference ordered. Grundler vs. Dorsey et al.—Motion denied, Hecht vs. Fieehi.—Defendant orderea to appear before referee. MARINE COURT—SPECIAL TERM AND CHAMBERS, Decisto By Judge Gross. George Henshaw and Others vs, Adolph Buck.— Motion for commission granted. dames Talcott vs. Henry Feibel.—The defendant must pay to plaintiff, within five days, the amount admitted to be due by his answer. In default of such payment judgment to be entered therefor. JEFFERSON MARKET POLICE COURT. In view of the recent holidays, Justice has been in a lenient humor at Jefferson Market for the past few days, and the numerous intoxicated and dis- orderly persons who have appeared there have been mostly let off with a reprimand or other very mild punishment, ‘The custom of a certain class of ladies of devoting the 2d of January to friendly calling has also nm reeognized, and those who became so overcome by the festivities of the occa- sion as to fail into the clutches of the law, under the statute for the punishment of drunkenness, have been dismissed without the usual ten days, thus demonstrating tnat our Judges know how to temper justice with merey, Shovelling Snow—A Millionnaire Are rested, Quite 4 number of pereons were brought up yes and Joseph was locked up in default of security for his appearance for trial. MANHATTANVILLE DOCTORS BY THE EARS. Who Killed Anna Brody!—One Phy- sician Charges a Brother Practitioner with Criminal Neglect and Malprac- tice. Coroner Young yesterday inquired into the cause of the death of Anna Brody, of 156th street and Ninth avenue, who was recently confined uu! died, itis alleged by Dr. Bronson, owing to the criminal neglect of a physiclan previously in ai tendanee—Dr. Frothingham. The former Doctor, in giving 8 certificate of burial, charged criminal neglect upon Doctor Frothingham, and the Board of Health requested an investigation to fix the responsibility. The husband of deceased, Peter Brody, testified that he employed a midwile to atvend deceased at first; he subsequently called in Dr. Frothingham, because deceased had a chill and pain in the side; this was December 17; the Doctor said she ha childbed fever; he told me next day she would die and declined to attend, as the disease was infec- tious and he was afraid he would carry the disease to other women he was attending; I got Dr. Bron- son next day; 1 told Bronson what Frothingham had said, and be attended her till her death; I cannot say that Dr. Frothingham neglected my wife, although Dr. Bronson told me he had neg- lected her; Frothingham had always been prompt iu attending the family during along period; my wife died on the 2ist of December; when Frothing- ham abandoned tne case he told me it was necessary to get another doctor, and declared her to be in a dangerous condition; he said if he attended m; wife he would have to give up another case an loose $100. Dr. William Frothingham testified that he did not consider himself Brody’s family physictan; the message for him to attend Mrs. Brody reache hin. after ten A. M. on the 17th of December; the gin sometimes neglects to give him the ‘‘call’’; e hada worse case that morning at the house oi a Mr. Talcott that he could not neglect, and this ac- counted for his delay in reaching Brody’s house; after examining deceased he found she had been confined by a midwife two days before, and.was in @ dangerous condition with the symptoms of “childbed fever,’’ which is bignly contagious; wit- ness informed Brody of her danger; witness is as sure that he told him he should not attend her on account of his other patients; it wassometimes the practice of doctors to decline to take a case alter @ midwife had been in attendance; on the morn- ing of the 18th he informed the husband she wa: worse; that he would have to get another phy! as he would be guilty of others’ deaths if hi carried the disease to other patients; Brody came ,to his office at night and asked him to come; hi Said to Brody that he could not attend, as he had other patients, some of whom were poor, and one which would be worth $100 to him he would have to loose if he attended deceased. Dr. John Bronson testified, in brief, that about ten o’clock P. M., the 18th ult., he found deceased ina hopeless state of ohildbed fever, very near death, pulse 140, respiration twenty-five; that he had been informed her confinement occurred Sunday, and the first symptoms appeared on Mon- day; Brody said that Dr. Frothingham had a tended her Tuesday and Mier and told him to get another doctor, but to call none of those around there; witness considered that Frothing- ham was very remiss in not attending her more than once per day, and in giving her quinine; he neglected to give her the proper remedies, neg- lected to visit her oiten enough, and there was malpractice ; he acted unprofessio1 ly in giving up the case when it was so critical; any man who would leave a patient as he did acted most unpro- fessionally; had he (Witness) been called in in time he thinks he could have saved her life; I have no friendly feelings for Dr. Frothingham, who, he believed, had been guity of most unwarrantable neglect; this was not a contagious case of pucr- ee fever; Dr. Marsh gave it as his opinion that he woman died of childbed fever; “If I found, while attending one Tinned with this disease, a call for another case of accouchement I should re- fuse to go,’ sald the doctor, “because 1 consider it very contagious.”” This closed the evidence, and the the jury, after being out a short time, rendered a verdict that deceased came to her death from puerperal fever, and that Dr. Frothingham is not guilty of the neglect charged. OORONERS’ WORK YESTERDAY, Coroner Keenan yesterday held an inquest on the body of Carl Waumann, aged thirty-two years, of 49 Delancey street, who on New Year's Day fell rom the roof of his house while shovelling snow. A verdict in accordance with the facts was ren- dered. Also upon Rosa Elliott, aged thirty-five, of 71 Division street, who yesterday was found dead in her bed. It is believed death was the te- sult of heart disease. Algo in the case of Eliza- beth Cohen, aged six years, of 68 Uherry street, who was burned to death on New Year's Day. The Coroner also inquired into the death of aMr. McFarland, an old genticman boarding at the Belmont House, Fulton street, who died yes- terday morning of old . Deceased has resided at the hotel for a long time, and no suspicious cir- cumstances attach to the case, Coroner Young was notified to hold an inquest upon the remains of Frank Rollins, aged forty-five years, who resided at No, 434 West Thirty-seventh Street. He was found lying dead at the toot of the basement steps of No. 233 West Thirty-third street by Officer David M, Bell, of the mounted squad, and taken to the Twentieth precinct station house, Deceased, who is @ member of Zetiand Chapter, R. A. M., Was on his way home from the lodge, an it is supposed that he slipped on the ice and fell into the basement. THE MOUNTED POLICE, Are They Paid to Kill? To THE EpIToR OF THE HERALD:— . The awe-inspiring sight of a policeman on horse- back seems not only calculated to strike terror into the hearts of the guilty, but the performances of the Centaur are also apt, in its literal meaning, to “overwhelm” the innocent citizen. On the oe- casion of the fire at the Fiith Avenue Theatre I found myself, with a lady, in the centre of a crowd that had located itself near the curbstone of the sidewalk of Madison Park, opposite Twenty-fourth street, to view the dread spectacie. In front of us there was the centre of Fifth avenue, with room for carriages and sleighs to pass, For a moment there was a sense of danger around me, and with tremendous cries of “For God's sake make way!” there dashed into the thickest of the crowd in which I found myself a huge policeman on @ small horse. In an instant Iiound myself With the horse having brushed past me, and in another I saw @ human being undernea! the horse’s feet and turned over and over on the ground. The crowd that had closed in upon the victim and the care I had to bestow upon the afrighted condition of the lady in my company prevented me from ascertaining how many incre victims the equestrian had immolated, and I only heard the fervent wishes of the bystanders that the policeman would at least have the decency to arrest himself, when I withdrew from the situation. Now, all bodies who perform pub- lic service on horseback, such as our cavalry, are enlisted originally from young men whose limbs are supple, nor do they periorm any pubic service until they have been thoroughly taught in the riding school how to sit and mauage a horse. It may therefore be well ap- prehended that, on occasion of public processions, meetings, or fires, the lives and limhs of poor pedes- trians may prove jeopardized by middie-aged men who, perhaps, never sat a horse before, and whose sole qualifications for being hoisted on a horse | would consist in their being endowed by nature with an unwieldy trunk of body and great elonga- tion of their legs. The poor pedestrian in New York is, as we know, the sport of every vehicle, Still it 18 too bad that we should be trarapled down by men whom we support by our taxes and whose equestrian capabilities our authorities are either too unskillul or too careless to ascertain, a. BOY BURGLARS, — James Smith, eleven years of age, John Cohen, fourteen, and Lewis Brummabop, eleven, of 150 Fast Broadway, were arrested yesterday by Officer Gannon and Sergeant Doyle, of the Seventh pre- cinct, charged with having committed a burglary on the premises of Rose Herrman, of 146 Bast Broadway. They took, she alleges, a gold watch and chain, a breastpin and two gold rings, The property is valued at $300. The boys were locked up by Cavtain Mount as the watch ana chain were found on Smith, They will be sent to Essex Market Police Court this morning, THE ITALIANS. ota” Nate More of the Emigration Machinery—Work + Wanted for Willing Men. ‘There were last night at Castle Garden, accord- ing to a count made by Captain Byrnes and Colonel Coonan, 193 Italians. Forty-five of these made ap- plication for relief, and were given food. Superin- tendent Casserly had announced that as many as Possible would be sent to Ward’s Island at one O'clock, but Mr. Henry J. Jackson, of the Emigra- tion Commission, stated that this was prevented by the dense fog which filled the river and forced the boat to remain at her dock. Conversations held with the immigrants, through the interpreter employed by the HERALD, brought to light some new facts, STATEMENT OF MICIIELE DE PHILIPO. Michele De Philipo is from Calabria. He says:— Iwas very poor. The country where I lived was most of it sterile and unproductive. We dragged along and just managed to earn means to get the coarsest food and to pay the taxes to the govern- ment. These taxes have increased greatly since 1860. We all like the Pope, but we don’t like him as King. Victor Emmanuel, however, made us pay too heavy taxes. We could hardly live. Well, the agents of Rochas, father and son, came to me. They saw every one around the country with whom Iwas acquainted. They showed us all maps of America and told us all about the country. “You get rich there very fast,’? they said, ‘‘and no one works very hard. You live like a great gentleman (un noble) and work very moderately (lavoro modarato), itis a fine country; you should sell everything, even your wife, and go there.” GIUSEPPE ROSO AND ANTONIO BLOIS are from the same district. There was 4 man came to them, who was also an agent of Rochas, father and son. He had been in America, and wore fine clothes. The people of the district had never seen 80 grand a personage. He said he was very poor when he left {taly, and all one had to do was to go to America and come back rich. He was going to America to get more money, and had only re- turned to tell all his countrymen that they might secure some of the gold that could be dug out of the und in thatrich land, He got twenty to joa him, who sold everything they had in the world to get money to pay their passage. This fine entleman accompanied them to Turin, where he isappeared. TWBEDLEDEE AND TWEEDLEDUM. Francesco Negra, Gisuppe Budosi and Giovanni Romero all lived in Peldmont. They were induced to go to Buenos Ayres. Negra paid as passage money 317 francs, At Genoa he was told New York was a much nicer place, and there was no ship sail- ing to Buenos Ayres. If he would go to New York they would refund him thirty-five francs. He was presented with a letter of introduction, which would enable him to get work immediately upon landing, and he came to New York. His passage cost him 282 francs. Some of the passengers paid only 160 francs for the same accommodations. The following are copies of letters of introduc- tion, They are samples of some seventy brought by the late arrivals, They are all addressed to an Intalian expressman who lives in Baxter street, and who is represented in Italy to be the comp- troller of large public works:— ONE OF THE TICKETS FOR SOUP. Genoa, Nov. 28, 1872, Mr, Maccroncapa Sterano, New York :— ‘the bearer is a passenger, Monaco Giovanni, who ‘comes to New York (America) in company With ‘three friends, by name D’Ambrocio Pietroantom!, Finouhio Carramella and Bucci Pompilio. They also leave their native place and familes for to come to America and better their condition. Those three, namely—Monaco Glovanni, D’Ambrocio Pietroantomi, Finouhio Carra- mella are'all drivers, and Buccl Pompilio is. a mason. I ray you to tse all your exertions for these four men and Treat them as friendly as all others that 1 have. enurusted to your care. The drivers you will employ with the rest at $8 per day, which is equal to fifteen’ francs. of our moncy, and the mason at sixteen francs per day. Being for your interest, I remain, yo p inom: ANOTHER SAMPLE. Mr, Maactoncapa Stxrano, New York :— The bearer of the prement ig a passenger, by name Bardisso Gainers, who leaves his native land and fam- ily for to come to America and precisely, to New to better his condition. He is a hard working and honest person. For the same I recommend him to you, and wish von would employ him with the rest of the Pie- montese from Conuov, of Cumo and Alejandria. I warmly recommend him, because he has promised that if he shall be treated accordingly will write to his native village and will induce a number of his companions to come to this country. Yours respectfully, SIMEONE. ‘WORK WANTED. The men express a desire to obtain work. Dozens ofthem shovel snow ubout Castle Garden. They volunteer and they never refuse when called upon, They ask for places where excavations are bein; made, and seem desirous to make the best of a ba job and to get something to do to earn their bread. Others are reported as about to arrive on the Denmark. York THE DEAD BISHOPS OF THE CATHEDRAL, A Grand Requiem High Mass in St. Pat- rick’s Roman Catholic Church Yester- day—Commemoration of the Dead Bishops of the Sce of New York op the Anniversary of the Death of Arch- bishop Hughes—A Crowded Congrega- tion and a Large Assemblage of Clergy Present. Yesterday, the 3d of January, was the anniver- sary of the death of the late Archbishop Hughes, who filled the archiepiscopal see of New York from 1850 until 1864, the year of his demise. The event was commemorated in the Roman Catholic Cathe- dral of this city with that becoming solemnity and grandeur usually attendant on ceremonies of the kind. The heavy, sombre gloom of the morning corresponded in a degree some- what appropriate to the touching celebration or the departed souls of the commemorated dead. A dull, cheerless atmosphere girdled the exterior of the sacred edifice, while the chaste and solemn music of the dead rang mournfully through the aisles within. The high altar, sanctuary pillars and side altars and the pulpit were all DRAPED IN DEEP BLACK FOLDS of silk, fringed with white satin embroidery, The catafalque, which was temporarily constructed in front of the altar, presented a decidedly neat ap- pearance, and, with the coffin, gave an alr of mournful sympathy to the scene. Over the coffin was suspended a large urn, symbolical of the rites which were celebrated, at the base of which, on the coffin, lay the Archbishop’s mitre and stole, Directly over the urn was a very large and beauti- fully designed cross, neatly and appropriately draped. The following clergymen were PRESENT IN THE SANCTUARY. The Most Rev. mii McCloskey, seated on his throne at the gospel side with the Right Rev. Bishop MeNierney, of Albany, seated at his left hand side; Very Rev. Dr. Starrs, celebrant of the mass; Rev. Father M mee, deacon; Kev. Father Farrelly, sub-deacon ; Rev, Father Kearney, master of ceremonies; Rev. Father Curran, of St. Andrew's; Rev, Dr. McGlym, of St, Stephen's; Rev. Father Dealy, of St. Francis Xaxter' Rev. Father McKenna, of St, James’ church, and Rey. Father McKenna, of the Church of the Transfigura- tion—the two latter being second consins of the late Archbishop Hughes, There were also present Rey. Father Hughes, of North New York, aud many other clergymen of the archdiocese. THE MUSIC AND SINGING of the grand solemn requiem were unusually fine, appealing and sympathetic. Mr, Gustavus Schmits presided at the organ. Mesdames Chomé and Uenger and Mr. Uercns were the principal singers. The rendering of the “Kyrie,” which occupied ten or fiiteen minutes, was tender and solemn tn the extreme. There was no “Gloria” nor “Credo,” as is usual in requiem masses; but the awful and heart-touching tones of the “Dies Irm” told effectively upon the crowded congregation pres- ent, each and all of whom were apparently atiected by the event commemorated. At the close of the mass the choir sang the “Libera me Domine,” and the Most Rev. Archbishop McCloskey gave the final absolution, THE COMMEMORATION was mad; not alone for the spiritual repose of the soul of the great Archbishop Hughes, but also for the souls of all the bishops Who have hitherto becn appointed to the see of New York, and who have up to the present eventful career of the Most Rev. Dr. McCloskey departed from this life. These were—first, THE RIGHT REV. BISHOP CONCANNON, who was consecrated on the 24th of April, 1808, and died 1810, He belonged to the Dominican Order, was appointed in Rome and died in Italy betore filling the episcopal office to which he was nomina- ted. Secondly, THE RIGHT REV. BISHOP CONNOLLY, who was consecrated on the 16th of November, 1814. He died in 1825, and was buried in front of the Cathedral. The third Bishop was THE RIGHT REY. BISHOP DU BOIS, a Frenchman, of the Order of St. Sulpice. He was the founder of St. Mary’s College of Kmmettsburg, and subsequently its President. During his time as Président Archbishop Hughes and Archbishop McCloskey were students therein. Deceased was consecrated in 1826 and died in 1842, His remains were interred in the Cathedral, During the life of Bishop Du Bois ARCHBISHOP? HUGHES was consecrated Assistant Bishop, in 1838, without | in 1842, he | was empowered with a right of succession, and | was finally made the first Archbishop of New | the right of succession, Afterwards, 1860, After @& career which had been as glorious as it was well known and eventful, he departed tis life on January 3, 1864, During his life the present primate, Archbishop Bayley, of Baltimore, was for a long time his secre- York, in | ties (rom taking our deserved Suzy and atienwnate zalees by bine 0 1h eplecee! TRE MOST REV. ARCHBISHOP M’CLOSKEY, it is needless to say, succeeded Archbishop Hughes and Is still his successor, full of years as well as oF the vigor of life and sanctity. ‘The commemoration of the sanctified dead under such grand and solemn auspices as those of yester- day at the Cathedral appeais to the memories affections of all interested, and a constant renewal of like practices even on less worthy occasions will, doubtless, be always pleasing and commendable. MUNICIPAL AFFAIRS. THE CHAMBERLAIN AND THE COMPTROLLER. Chamberlain Palmer Detines His Posi- tion and His Duties—What He Is Going To Do About the Deposits and the In- terest. * The following letter was sent.by Chamberlain Palmer to Comptroller Green yesterday :— Axprew H. Green, Fea. comptroller: bank to the Uni Interests of mn Trust Com- that ition and official action. You sttll claim tand dismiss the subordinates in my office and to fix their com- pensation, and that you have # right to control the deposit of public ‘moneys in my hands, and I now, as I have already repeatedly done, deny your claim in every re. spect. Itasexpressly declared by a statute, which has never been Fepeaied, that “the salarics in the Chamber. lain’s office, of his clerks and a deputy, shall be pald by him, all ot whom he 1s authorized to appoint and dis- miss.” The exercise of this power seems. me be clear matter of duty on the part of the Chamberlain, for his omission to do so would remove all checks or re- straints upon the Comptroller's using or misusing the public money. How could the Chamberlatp hove to pre- serve his own reputation, protect his own ieeeponalty it and that of his sureties, and guard the pa lie fun from bere squandered if all his subordinates, on whom he must depend tor the riormance of the duties of his office, were independent of him as to tenure of office and compensation. This control over his subordinates was given the Chamberlain tor the very purpose of enabling him to Ros his duty of guarding the treasury against the Invasions of the possible reality of a dishonest Comptroller, ag well as other intruders. You overlook the lact that the power of selecting the Deposit Bank ts given to the Chamber- Jain, and to him alone, and that without his consent no amount can be drawn from them; without his warrant no sums can be drawn from one to the other; that all the Comptroller has to do with the Migr is to counter- sign warrants of transfer, and that all else in regard to the depositors belong to the functions of the Chamber- lain alone, So, too, you overlook the tact that, while the office uf Comptroller is a city office only, it isonly av treasurer of the city funds; that the Chamberlain i in his department; he is, besides th r 8 such responsible and subordinate to the Board of Supervisors and the State Treasurer, and not to the City Comptroller, and as such receives and is account- able tormuch the largest portion of the money which comes into bis hands. : All this is by virtue of the acts of the Legislature, out- side of and beyond the.city charter, which laws I am bound to obey, and have giveu security on a million of dollars that I will obey. ‘The charter under which the Chamberlain’s office is made a bureauin the Department of Finance not only makes itso merely “ior the reception of all moneys pal into the treasury of the city,” and for the paymentof money on warrants drawn ‘by the Comptroller and countersigned by the Mayor, but is careful to preserve the independence of the office by exemptint it trom the general rule which gives to the heads o! departments the power of appointing and removing the chief of the bureaux. ‘Thus the Chamberlain is Treasuer of the Courts, and as such hag in_ his custod, 000; he is ounty State has) he receives and pays into the State treasui About $2,000.000 aunually. of moneys gathered by taxation from our citizens for the support or the government of ne ate. This state of things isthe result of laws affecting the whole State as well as this city and county. Tn the face of all these enactments for ine now to com- ly with the requisition contained in. your letter of to- ay would be a palpable dereliction of duty on my part, for it would give the Comptroller a control over the office of the Chamberlain which the law intended he should not have, and which might, with a dishonest Comp- troller, be immensely dangerous, and a control over moneys amounting to several millions raised for county and State purposes, which the law has nowhere con- ferred on that officer, but has placed in hands from whom it has exacted adequate Ory, It is for these Teasons that T-dechne to comply with your present requisition, and I state them to you now, 1m repetition of what I have otten said to you, that there may not here- be any forgetiulness on your part of the position which I assume. In my view it is only in some few re- specis that the Chamberlain's office is subordinate to the Cowmptroller—in all other respects it is at least co-ordin- ate and in some even superior; for though in one respect it is like bureaus in other departments of the cy, gov- Cy ly is in some respects very unlike, for the Cham- berlain is not Gepemaens on. the Comptroller either for appointment to or tenure of his office, nor for the 4, or amount of his compensation, and it is the clear intention of the law to carry that principle all through the custodianship of the public moneys. It is so in the State and the counties, and is intended to be so in the city and county. In addition to these general reasons for my refusal, there is one pecwlarly applicable to the balances on the Yark Bank and Union Trust Company. You insist on my treating our claim to interest as money actually in the treasury and on deposit. I am not fdmiliar with the principle which authorizes us to treat interest which our debtor owes us as money actually paid in, that it can be treated as money in the ury transferable only by my warrants countersigned by you. To treat it as cash on hand before it is paid over would make the Chamber- Jain responsible for it, i never should be paid. Both these companies put their refusal to pa: over the interest owing by them on your having forbit it. Withdraw your prohibition and I will engaxe that the amount shall soon be paid into the pul sury, ay it would long since have been paid ifyou had not refused the offerI made only a year ago, “that I would get the checks‘for the interest trom the depo- sitories, payable to the order of the Comptroller, so that he might credit it to such accounts as in his judgment might seem proper.” In the meantime I refuse to comply with your request, because my compliance would give to your office a con: trol over the finances which does not belong to it, and which might be dangerous, and would subject me toa responsibility for your action which I do not feel called upon to assume. You claimed atan early day after your Sp ey the power of appointing the subordinates in the C! - berlain's office and fixing their salaries. Referring you to the law which gave him that-power, your claim was denied; and it was not until after that denial that you embraced the idea of forbidding thy ing the interest to the Cham benefit the course you pointed out cor cult to discover, but it was easy to see that, whether such was the design or not, the effect would be to give you a control over the salaries of the subordinates in my office, and thus deprive the Chamberlain of that control which the law had deemed wise and necessary. The consent to such a course or to any act fike your resentone to carry it into effect would, in my judgment, be contrary to law and a violation of duty on my part. Very respectiully, PRANCIS A. PALMER, Champeriain. P. 8.—Since I received your letter of to-day I haye re- ceived one trom the Park Bank. This letter stated that the amount to the credit ofthe city and county was $150,000, exclusive of interest, and that a check could not be drawn in the Chamberlain’s favor for that amount because the Comptroller had forbidden it, THE BOARD OF ALDERMEN, A meeting of this Board was held yesterday, and presented an almost ludicrous appear- ance. The chairs on one side of the chamber were vacant. There was, however, enough to form @ quorum, and routine business was gone ore but with @ supreme indifference on the part of the members as to what the reader wes reading. On the motion of Alderman Plunkett the Board adjourned until to-day at four o’clock, atter a short and fruitless session, THE BOARD OF SUPERVISORS, This Board met yesterday afternoon. Supervisor Conover renewed his motion for obtaining the opinion of the Corporation Counsel as to the status of the Board; but, on a division, it was lost. The Board then adjourned sine die, THE MAYOR'S OFFICE, The number of callers at. this office yesterday was very large; but the new arrangements for the reception of visitors prevent any undue invasion of the privacy of Mayor Havemeyer. Mr. Whittemore and Mr. Van Buskirk are the only new oMicials in attendance. From certain in- dications yesterday it is not untikeiy that there will be an almost entire change in the personnel of the omMce. Mr, Frank McDonnell, who has served with very great satisfaction as messenger during the Mayoraities of ex-Governor Hoffman and Mr. Hall, received an intimation yesterday that his services would be no longer required. It is probable that he will return to his old post at the General Sessions, THE AUSTRIAN PATENT LAWS AND THE VIENNA EXHIBITION. To THE EDITOR OF THE HERALD:— Mr. B. B, Hotchkiss has furnished the HERALD another article under the above heading, in which he takes exception to my assertion that he isactuated by revengeful feelings in his opposition to the World's Exhibition. Will you permit me to add to my former communication that the suggestion strikes me as somewhat peculiar that while mani- festing so much anxiety to protect American ex- Ioltors against injury by exhibiting their goods at Vienna Mr. Hotchkiss and Ms associates are con- stantly engaged in selling patents in Austria and the other countries of Europe. If a good showing be made in the American de- partment of valuable inventions the owners of such inventions will be brought in direct contact with purchasers. ‘The latter will thus buy cheaper and the former receive more for their inventions than if sold by third parties. I must be pardoned jor beileving that this idea nas much to do with the opposition. ‘Again, England hi fully considered this subject, and the result is overflow of applications from her best machinists and a determived effort on her part to secure the trade of the East. I cannot help but believe that very great disap- pointment will exist in our country, when it is too ate, that we have been induced by interes sition in t hi- LOMAS B, VAN BUREN, United States Consul Geperal, bition, ACCIDENT TO A HOTEL PRoPRIRTOR.—Mr. George Watevhouse, proprietor of the Preble House, Port- land, Me., fell down the steps of the De Witt House in Lewiston, on the 28th ult., and broke one of hia legs in two places and sprained the aukie of tho THE SEVENTY SAGES. Three Members “Laid Out” in a Cemetery Office. THE CUSTOM HOUSE PARTY IN MOURNING, > All About the Row in Which Schultz, Baton and Salomon Were ‘Killed’—A “Private” Cir- cular with the Privacy Knocked Out — of It—A Charter Factory Ruined— The Committee Triumphant. The Committee of Seventy held one of thei? secret meetings last Friday evening at the rooms ofthe Woodlawn Cemetery, southeast corner of Broadway and Twenty-second street, and a HERALD reporter, knowing of the inflexibility of tne rale, “None but members admitted,” did not ask for admission. Nevertheless he saw many of the great Seventy enter one by one till school was in; all the sages sitting around a large green table. The Window curtain of the front door being partially raised enabled our repoiter to see what was going on. Proceedings began at five minutes past eight o’clock precisely, James M. Brown presiding. Mr. Gallagher, the very courteous and efficient sec retary, who is Mayor Havemeyer’s secretary also, read off the roll of members, nearly forty being Present, and responding with dignity to their names. At this point ex-Governor Salomon took the floor, with a formidable roll of paper in his hand, Our reporter, being unable to hear his remarks, stepped around on the Twenty-second street ‘side and found himself within six feet of the speaker and keyholed hint. Interviewing is played out after that. The paper referred to simply contained two or three proposed amendments to the constitution, drawn up at the suggestion of Mr. Zollicoffer, and, after some slight objections, the document was adopted, Then came up THE REAL OBJECT of the special meeting, as indicated by the ex-Gov- rnor. Rising slowly he began, evidently with much dissatisfaction at the action of the two preceding meetings, and stated that himself and Jackson 8. Schultz had, on behalf of the Committee on Legislation, waitea upon George Bliss, Jr., of the Custom House party, and endeavored then and there to convince the whole republican party that the Committee of Seventy were prepared to draw up another charter. Everything being both lovely and biissiui the three charter manufacturers had but little trouble in agreeing to report to the Committee of Seventy, as @ basis of fature action, the twenty-seven confi- dential articles printed below. These very articles had raised a lively rumpus at the two previous meetings, and now brought down upon the authors utter defeat, and forcing the Committee on Legis- lation to resign. The ex-Governor reluctantly tendered his farewell as acommitteeman, and seemed much surprised at its unanimous acceptance. THE SWAMP ANGEL, JACKSON 8. SCHULTZ, seemed completely floored. He got up and ex- plained his visit to George Bliss, Jr., and his ‘dis- interested” efforts for reform and all that, He saw only one way to success and a new charter, and that was tobe had through just. such a com mittee as the one just dismissed so abruptly. Agentieman on his right, and of thelate com- mittee, set! sustained the lost cause of his asso- clate, Schultz. At this point Jony Fouzy, who during tne dis- cussion had pen ned up his anger, moved to ad- journ, when Mr. SOLOMON STERNE asked to be heard, and made a very able speech in his strong German-He- brew style, ntging upon the committee that one of two things must done, either disband now or raise at once TWENTY THOUSAND DOLLARS TO SEND TO ALBANY. with a new charter—not to corrupt the Le; ture, but to pay expenses of and to divide up among the committee, as they could not be ex- Yi to abandon their own business for that ef ihe public without some compensation. Mr. GEORGE C. LANE was strongly opposed to Silty oven! for any such object, and asserted that the Committee on Legislation or many of them were paid large sums of money last year for their. services, Some got as high as $5,000 for their Albany work. He would not assent to any such business again. Mr. FOLEY, at this time, got the floor, and in his orous style reminded the committee of some facts which many had forgotten. He began by saying that he, too, was strongly opposed to paying member of the committee lor any services hat ever; that money was not necessary ; that the com- mittee could pay their own expenses to Albany; and insisted that the new Committée on Legislation should consist of half democrats and haif repub- licans, and, continued Mr, Foley, the five or six gentlemen who have been pa J this committee up to this time must now stand back. The new, committee must be all new men, and I now. call upon the practical members of the Committee of Seventy to come to the front and secure suc- cess. My friend Schultz talks much about his work” for reform. Well, let us see what he has accom- Nearly twelve months ago he came into ‘his room, and told us that he had that very day secured enough of Keyser’s ill-gotten property to yield to the city upwards of SIX HUNDRED THOUSAND DOLLARS, I am sorry to say that our plundered city had Not been able to get six hundred cents out of it. While I was delighted with what we all thought at the time was a 2 success on the part of Mir, Schultz, “indeed I found much fault with myself, because I had seen Keyser before Mr. Scnultz did, and I could not secure one good dollar from the fraud Keyser.” This sort of plain talking made a sensation, THE SWAMP ANGEL AGAIN, Mr. Jackson 8. Schultz rose excitedly to reply, and talked so loud that he could be heard at of Fifth Avenue Hotel, three blocks distant. He de- nied ever having claimed the honor of such resti- tution. Other members of the committee partict- rg Lat d in the discusston, all showing but lit- le sympatl with Mr. Schultz and his Custom House triends. At this stage of the contest, about half-past ten o’clock, the meeting adjourned, Nothing came of the wrangle beyond the dis- missal of the committee noted above, and which consisted of J. 8S. Schultz, Dorman B. Eaton and Mr. Salomon, The general im- pression was that it was an extraordinary display of nerve on their part to try to hand over the \- mittee of Seventy in such a wholesale fear ge ana through such a wily ntofthe radical tony, House Ring as George Bitss, Jr. When all the members had left the room, with one or two exceptions, the HERALD reporter walked in and found Mr. H. N. Beers dusting. the apartment. From his appearance of haste he must have had several funerals on hand for the following morning, From @ namber of printed papers strewn about the floor our reporter picked up the followin; document, @ seven-paged pamphlet, which prov to be the rock upon which the unfortunate Com- mittee on Legislation went to piec ‘here it is verbatim. It was printed m bok ~ headed, a “STRICTLY PRIVATE.” %. At a meeting of the Committee of Seve unl Broadway, southeast corner of Twenty a Tuesday evening, December 17, 1872, the rollowa., . * ment Was submitted as part of the report of the Com- mittee on Legislation, and made the special order for the meeting of the Committee of Seventy to be held at the sane place on Friday, 20th inst. at elght P. M. Without ha had the opportunity of examining any roposed cl he Sub-Committee of the Committee st the following polnts as material ith nded charter; the considerable varias e charter of lua Winter marking their-ap- Preciation of the changed circumstances and tneir dis- osition to Approximate as mM og nena yaprroxis early as they feel justified to 1. That any provisions in a separate law or inan amended chart under which the opportunit; placing tried in the city administrat shail be secured, shall not be framed on the theory of party ag- grandizement, but on that of obtaining an honest, vigors ous and economical adininistration. 2. That the amended charter shall be throughont on the basis of the largest justice and best protection to all classes of citizens and in the spirit which elected Mr. + Havemeyer, and not on the theory of governing the city by the mere power of the party majority in or out of the . That the method of appointments and removal shall, in a pradent and appropriate manner, recogni the principle of civil service reform as now being en- foreed by the President, 4, That there shall be appropriate provision: securing come publicity oficial action, aims motivos, and for preventing clty officials screenin Acts and becoming bold In {li-dolng wader. the protect of the pai oremeayees that promoted them. 5. That the Executive Department (at the head which shall be a Mayor, who shall be biennially treed shall make the appointments of the members of the ad- ministrative boards; but no appointment of any person! shall be made until after five days’ pubic notice halk be'given, naming the person inten led ‘to be appotatee and no appointment shall be made for party or Political reasons. 6. That the next and all future Common ©. elected shall consist of only one Board, viaw the Aliee men, for whom there shall be no election oltener that ‘once in two years; say to be composed of from thirty to’ eu pemiere, 7. That the Aldermen shall be so classified as that not more than one-third shall be el year, and thelr election shall be on general tigken: ener eet 8 That the Aldermen shalt have no ch: ing money: the deparunents, save. the Fnsage Depart ment, I have no power of raising money ; the Mayos CONTINUED ON NINTH PAGE. for nd i oir tion