The New York Herald Newspaper, January 9, 1873, Page 5

Progress of the Palmer-Foley Entanglement--- Both Sides Stubbornly Standing, What Chamberlain Palmer Claims. THE MATTER IN THE COURTS Foley Enjoined from Further Action Until January 10. The complications which have arisen in conse- quence ofthe appointment by the Comptyolier of John Foley as Deputy Chamberiain and the refusal on the part of Chamberlain Palmer to recognize the irrepressible John as his oMcial alter ego have temporarily been settled by an order from the Su- perler Court (as given below) restraining the Comptroller's appointee from any further action or “‘ntrusion”’ until a full judicial hearing of the case may be had. Mr. Foley persists in his claim to the efice of Deputy Chamberlain by virtue of the appointment of the Comptroller and in accordaace with the law of 1870 (known as ‘the charter), as quoted in the HBRALD of yesterday. He states very determinedly that he is the Deputy Chamberlain according to law, but being a law-abiding citizen he bows to the order of the Court and will take no further steps until the casé is finally decided, and that he has beem advised by several of the leading legal lights in this city to the effect that. he certainly will be sustained, Chamberlain Palmer claims that the law of 1866 which prescribed the duties and powers and obli- gations of the Chamberlain gives: him full power in regard to the appointments in his office; that the charter of 1870 was constructed 80 as to make the Chamberlain’s office’ an “independent office,” and that if the law of 1870 can be construed’ to re- peal the law of 1866 in relation to that bureau, then there is NO PROVISION FOR A DEPUTY to the Chamberlain, and nobody authorized to act and sign for the Chamberlain or perform the duties of that really important office. It will not do for a Clerk to act who has filed no security, when the Chamberlain must file bonds to the amount of $1,000,000, Mr. Palmer further claimed that if Mayor Havemeyer has had any reason to believe, ashe intimates in his letter published in yester- day morning’s papers, that there was Anything wrong i the management of the Chamberlain’s ofMfce, he should have referred to itin his message to the Common Council, and have recemmended the appointment of a com- mittee to investigate the affairs of the officer “Why,” said Mr. Palmer, ‘he could not have Pleased me better than to have a full and thorough investigation made, Ihave courted it and I hope it will be ordered. The office has been made to ap- pear derelict in the payment of the State tax. It should have been paid by the end of November, in 1871; instead of that the Comptroller continued paying the money into my hands in driblets—a little now and a little again—causing a great deal of un- necessary labor and annoyance, and kept the pay- ments going on until the following May. The money was here to pay it, and it could have been paid all with one check as in years past, and by that means & great amount of « INJURY TO THE STATE TREASURY would have been avoided, The State Treasurer, Mr. Hopkins, came to me time and time again, and begged and prayed me to let him have some of the money. He assured me that I could not conceive the immense straits they were in at Albany through lack of money. He was obliged to negotiate loans wherever he could, paying seven per cent for the use of the money, # great part, if not all, of which coul@ be prevented by the payment of the amount due m tnis county. Here, in my bank (con- pases Mr. Palmer), “ao not take in the deposits jay out the money. I have people to dothat— Pocus I trust. They report tome; [look at the alanceg, examine the securities ‘and make myself familiar with all necessary details, 80 that I can answer anything that may be asked or give notice to the directors of anything that needs their atten- tion. in the office of Chamberlain—I manage it just as Ido my private business. I am not a politi. cian, Iam a business man, and in that office I waut people around me—just as here—who I am sure understand the business and on whom I can depend. I hold that the action of the Comptroller is unwarrantable, and that the matter will be set right by the Courts. AT THE CHAMBERLAIN’S OFFICE business went on with the usual quietude, The two or three old clerks, who are fast approaching the “sere and yellow,” plodded away as steadily as ever, poring over the immense ledgers and occa- sionally arching their eyebrows 80 as to allow them to draw a bead over the upper edge of their spectacles at those who entered the room and crossed their line of vision. Quite early in the forenoon the Chamberlain, Mr. Palmer, with his Deputy, were on hand, and in the outer office Mr, Foley sat during a few hours, but, of cou recognized by the iclent ane! in the Memopers of the press and a few others, Nobudted bya desire to be present should any conflict of authority come about, passed im and ont frem the ublic ion of the office, and yet disturbed but ttle the general solemnity of the office and its ‘official occupants. At abont ten o’cleck Mr. Foley went out to lunch, and shortly after Mr. Field, of the firm of Eamonds & RT entered the te a ea ee pers, ene 1d to serve on Mr. Folt imm< Started in search of Mr. Foicy, and findi ny at his place of business, he finally served en hi ante, papers in the case and the order of the Court, as iven below. Mr. Walter B. Palmer, the old Deputy Chamberlain, clauns that he instituted the action for the pyrpose of having the matter judicially settled; that Mr. Foley would not take the matterinto Court, and he was obliged to do so himself. Onthe other I” Mr. Feley claims that there is no feeling at the Bomste, and this course is the ome suggested oy him to Mr. Palmer. . THE PAPERS IN THB comprising the complaint rubscribed. to by the at- forneye for Mr. Palmer, the aMdavits of Walter B. Palmer and Francis A. Palmer and the order of the Court issued by Judge Barbour, are as follows :— .—Wal- pa wn wR Court— Walter B. Palmer vs. John Fol: ter B. er, the plaintif in the above entitle cts. Late the ‘andersigned, his attorneys, respectfu’ That in and by an 5083 of the poe ote ae die a bo ay of New York, an oein rea ‘ard wera uiheers he rar] pad thereof,” Cued Ap rif, B66 ‘the office ot eputy amberlain of the city i New York was created, and thee power of r sppomn ting, ‘and dismissing him.and affixing rs) conterred on the ‘ on 873, Francis ‘a Palmer wasthe duy appomnted hianeratn ot the oft of New Yo rk, an was anne the said office and in the full exercise of vibe powers rer the rani sae ot of Bode pod yraren said eviormancs of sald ower A h. Chi a ee appa ee aie 2 Os Se oH ghadhre) Tat t page an on or about ‘he = aay & May, requ red ot ot ht him > and enter rte the m tow fa the fa Po nde erst since has office, and is enutle tothe of the same, the ere einen and the enjoyment of its mamoluanenty oe ae vantages. Chambertala reps exclude the said piaintit th therefrom by calling rece celved and sas ein) Sinn ap and Exclusion of of th the RO DIRAET ole 2 fpiatn That tis said sald Chamberlain media th then ataaienet Bec tyyien ity Chambe! notice and nied that the sald Foley bas tee Ito the sald ome ‘a Bor did tere aud tien that inte: ‘at all event exercise the duties and ees jat there is annually paid into be cuieaiasies amberlain as ‘lain rt New York and County Treasurer of ithe any of New Ceyhy- amounts of money, amounting in the aggre- gal ILLIONS oF a amu Smylie dati are nits sum, amounting to sovera] |. ing vane duty of the a jauibe in, as n, As such clty a nd. county of cers, and of his deputy, c} nts, ive, carefully prese! “ihe aie a argo the bay] the like, ees site dine jepartinents et Namberiaine Se iy amber sic ee ane sobttrten Pope eee ing, Henrie ence sopra ee the pul 8, ty nd ieopardise the he dros and enjoyment by the pinintitt ot the proper emoluments of the eafd o' the nize at i Y do. show cai NEW YORK HERALD, THPRSDAY, JANUARY 9, 1873—TRIPLE’ SHEET. establish ce of Deput earned iit t Pe it to the "6 urrender. sald ce bat the - not or r to aan er it ban C1 ereto ri ty srrender the for any loss of the public moneys one might ensue fendant tagad bythe order ant Qecti rection antor ths Sour be or performing of the functions yaa on dutles of of the om somes ofan in sty Claim natil the Path er ardero ts er order Comte inet be Be cay ‘enjoined trom any intrasion nto from exercising any powers or perfocme ing any juties appe! ereto. nd BS t the said plaintiff may have Las) citer and fas may be aatgeable | to sy iy EDM 5 ‘Attorneys f for Plaintiff. AFFIDAVIT OF WALTER B. PA! 'ALMER, City and County of Now York, s.:—-Walter B. Palmer, being. sworn, menage that ‘ue ne has ri the feregoin; Ca knows reef, and and the same ta Bae if ge trae of hi own Knowledge, except as te thane ratiers in ‘on inf and as to those matters he believe ‘es it true. WA ALT! Bn a a Sworn to before me this 8th day of J nA Yor Roox Notary Publ! Publis, coun avy law Yorke” 5 WELL, ae te a cil ot Now. nd a'Gouniy treasurer U New York county, a has been pac such since the 6th '. mat pursuant to the a, tower vert {n° him hin pre prede Rrcanis i, since he, on the shriek named piainufe to. pau bel ee inti at. that upon topper ie one bas pasate ce contiuued pes Se ja paty © never Sppainied, th the Sefenant. es zagceoeatent prem de age wtb pe bile funds, ae ths pn aig ie fivin that tg re nan arson pias intif’ secu On a Hea aS whether aie eae oh don any 7 ecurty at this ent has Loge bee Bae ality of te ap cinsment of fo.7geognize euch, 1 Se tas Bere *notiee t “aicreot i.) 6 age, iigdepon banks cuPeronenis S98 APSE ME of this 8th: da; wis Wantians 2 rh ocuwauas Notary Saar AD, of ORD) On pending the oom Sompidint arth the oar in bred action and the thereto an annexed, 4 Ca protien of Bd. wonds & eye. Sd ed ior laintify, it Ordered, T! named d dant, John Foley, tz bet We Pt me ‘at Special Term of this ay freaniea pace idiot be gr fod a htt cable ould not be grant inst him. agreeable Of theta and in the time the sn deft nda at, 30 i Foley, is hereb; dered ant in Foley-is, here refrain fr min aay man mer intrudiny ‘into, or upon pon the males of Dep ry Ohaabe ‘lain of the oe York, trom perfor epaty any of its ranctions or dutice or trom exercising any pow: the ead, Office eaPy PI eRe SPARBOUR, 89 JaNvaRy 8, 1873, This settles the matter, at least until the loth instant, when the question will be argued at length before Judge Barbour, amd as Judge Edmonds, chief attorney for Mr. r. Palmer, ‘Was one of the most Prominent in drafting the charter of 1870, he will, no doubt, let in some ight on the dispute which at present seems so badly complicated. THE CENTRE STREET HORROR. Important Testimony Before the Cor- oner—The Building Often on Fire— How Boys Threw Benzine About the Floor—Several Swear They Were Afraid of It Falling. Coroner Hermann yesteraay renewed the inves: tigation into the cause of the death of the victims oF the Centre street fire, The evidence given was of rather an interesting character. Frarfeis Bigelow, half brother of Jane Stewart, who was burned, testified that he was at work for Anderson, Archer & Co., and made his exit by the stairs, In May last he noticed considerable shaking of the building, and last Summer his sister told him it was not safe. Mary Hopkins, a worker im the building, testified that when the alarm was given she ran down stairs with another girl; on reaching the fourth floor some one told them to go back, and they did so, to find the room full of smoke; she escaped by the Leonard street fire escape by jumping a distance; witness had always hada fear on account of the rocking and shaking, and this feeling was shared by all the girls, forty or fifty in number. Ann Hopkins, sister of last witness, testified that she, too, had to jump from the fire escape to the shed, and was assisted by a man on the shed; had always been afraid of the buliding falling, owing to the rocking of it. Ida GriMin, a worker in the building, testified that on hearing the alarm she ran down two pair of stairs, and was told by some one to go back; she returned to the bindery and got out by the fire escape and by droppibg upon Gallagher's house; witness was lnjures by the fall; the build- ing shook & great deal at all times. George Boyle, a beokbinder for Anderson, Archer & Co., testifiea that he ordered the girls to the fire sca] Je; they had to slide down over tie shutters and jump to the shed; witness had been employed by Anderson, Archer & Co. when m Reade street, and the Cax.on Building sheok much more than their old building, but witness never mentioned the fact to his employers. Detective Dolan, of the Sixth precinct, stated that at five minutes before tive o’clock a boy ran into the station house and gave the alarm; witness hurried to the fire and saw several girls who were cut about the face: the walls fell in before half- past tive (within twenty or twenty-five minutes of alarm being given); three years ago the build- ing eee fire, and witness considered the bulld- ing unsafe. lara Hopkins, one of the girls who escaped, tes- tified, but her evidence was unimportant. John Dougherty, ascistant foreman of Hook and Ladder Company No. 1, testified that they re- ceived the alarm eighteen or nineteen, minutes past five; when the firemen got out on the street wome one said the fre was in Centre strect; saw flames come out of third, fourth and fifth stories; heard there were persons in fourth story, and got @ ladder up with aia of citizens; the ladder was Rot put up right, owing to the excitement of the citizens, and it was righted and one girl escaped on it; the firemen were to put a ladder on Howe's building, when they noticed flames be- tween the bricks; the ladder’ ‘was put up, but when witness saw the danger he told the men to get pad and just as theg did 20 the walls fell m; ee took. the company two minutes to reach the and it had then: been burning, he should Neda, about fifteen minutes; witn jad attended many Price fires; never knew) @ building to fall in so br Dempsey, fireman of Engine No. $1, testi- Sea faa dndiug th ding bbe ihe. be of Jane Stewart. ified that when he saw the biases on on the third wibey window he ran up to that floor ; saw girls hesitating how to act; witness told them to ri back, and he got out on the fire escape, but cenid not get downs the giris were assisted down the fire escape to the third story, and from there they jumped down to the roc of of a house; have seen this building on fire three one of the fires occurred threugh a w boy throw! *benzine on the floor, im 1800; % aaeee eon the game day, an le; wit- ness haa heard rd that the baad rast iph La: of ‘tne ratte tate in the ‘Duilding, tee tested that ne amonth ago @ fire occurred by paper ca’ weeks he saw Sconctte onipel ts presses; Hopkins was cage and he said would have to see:about the fire escapes; wit- ness had seld Hopkins that ifthe boys were not more careful with the benzine the bindery would burn down; Mr. Archer r spoke to Payez) about it, and was told to mind own bnsiness, as Aa were allowed by the insurance companies to use Edward McGloin testified as to the manner tn which the girls were rescued: the walls tell within twent, ‘ea mat alter the fire broke out; have attended fires, and never knew & building to fall so a aulekly. Robert Craighead, Ls owner of the aes nae tes- erected itfor the cape arpoaneer whic i now used; he bags oe hang gtrdera nie! Bae denne built especially for Purpose; shades put on as @ biotsuta in case” of ire an fs Fle botlers outsid the same purpose; ae an estimate made by 4 archigect as to the eight of the machinery, and it was his opinjo”, Thetis would hold as iuon as ‘could. be “pat in; witness occupied it himself and conside LW aate B it was so comsldered by the insuran rs who inspected it, and they took risks at ler rate than on any other buildings weed or ‘he same ame pUur~ | ty pose; tne second floor was SB butte. to held fou: thee nga ‘nd the New York Printing Company had t number on the floor, ‘ca ee caabaeees a the mene pee 4-4 any itt upon the any citizen condi of the bull | Sta the accident Morning ot hall-peat tox oreiees and ves t testy. INTEBWATIOWAL PIGEON MATCH. Ira Paine, of New York, Beats Ward, the yasemee, by 43 to 40, 7 BUPPALO, Jan. 6, 1873. ‘The international pigeon’ shooting match be- tween Ira B. Paine, of New York, and James Ward, of Toronto, Camada, came off this afternoon near Grove’s tavern, in Bast Epenee Part of 1, match re shot orm Paine oftee | Dy im three in aia ing a eeu be irara st cn twentyawe ya verde ™ AN OHIO RIVER STEAMER SUNK. OINCTNNAT, Jan. 8, 1873, loaded with 100 tone hay, and bound for Steubenville, Obio. sunk De The steamer Juniata, Tbat no mrggeodiaga ayy been ‘taken Ry she sald dejen- J) Aut Ine leet mie ATTEMPT AT ARSON. Continuation of the Examination, Into the Kidd Case—More Testimony. The investigation into the attempt at arson, sup- posed to have been made at 83 Murray street by William H. Kidd, was continued yesterday before Fire Marshal McSpedon, and the following evidence was taken:— TESTIMONY OF JOSEPH SHEPHARD. Joseph Shephard said—I have been in Mr. Kidd’s employ over seven years—five years in this city and the rest of the time in Charleston, 8. ©.; we came from Charleston in the Spring of 1868; Mr. Kidd was im the liquor business in Charleston; nis store was on the corner of Frazer’s wharf and East Bay; Iwas in his employ at the time that store was burned; the sto.e had been seized by the revenue ‘officers some time before that, but he had got everything straight, and this fire occurred @ year afterwards; at the time eur stock of whiskey was on the third fleor; we had about eighty-five barrels there and seme ten sample is below ; 1 was\on the upper floor on a Saturday; saw the whiskey there; the fire oc- curredon_ the following Tuesday; I think he had about eight thousand dollars insurance; the stock was a total loss; I think he'told me he recovered $8,000 front the insurance companies; he didn’t get it til after we came) to New York; it was claimed that the whiskey was not there at the time of the fire; when Mr. Kidd came to this city he went into business with Ed. Voge anda Augus- tug Voge, im Cedar street; we'have occupied ‘our resent place about four ‘years; Mr. Kidd only the first loft, but had the upper part while it ‘was empty; Mr. Kidd had the key of ‘the door at the foet of the stairs leading | ‘up to the third’ floor: the key used te have deem kept in a drawer in the oMce.until within the last three weeks, when, having occasion one da; to gO'up stairs, 1 coula not find the key; 1 as! Mr. id, for it and he had it in his pocket; he has Pe el pl fe efit ever since; he bad ant under- ith the, landlord during the last two weeks he should have possession of the upper floors, that he inight let them if he could; he had some furniture on the third floor for nearly two months; the first floor was occupied by some party for the storage of a| les; 1 Was last at the store on the Slst of December, 1872; I believe he got tne furniture up statra and in the office insured for $600; ) there was no lamp or candle wick in the store up to the day I leit; br Kidd Ptr to Charleston from Cincinnati; failed in businessabout three months ago; he settled up with his creditors ui paying torty cents on the dollar 1m his own notes; I believe he paid a good deal of his indebtedness in cash and that he did not give many notes; I have seen the brace and bit shown me beiore; the bit was kept i & drawer separate irom the brace; we had no use for the bit, but- I used the brace frequently; the screwdriver shown me belonged to Mr. Kidd, also the chisel and the instrument used for marking barrels; the ofl canvas on the piece of board was part of an oil painting which was kept in the rear of the store; it was lying on the top of a barrel the last time I saw it; | never saw any cans of gun- pores in the p. ce; the strip ot board shown me what the canvas was nailed to; Mr. Kidd bought the painting at an auction, TESTIMONY OF PATTERSON JOLLY. Mr. Jelly stated—I am a patrolman attached to the Third precinct police} 1. was placed in. charge ot the premises, No. 83 Murray street, on the night of the 6th of January: after the arrest of Mr. Kidd, on the afternoon of the 7th inst., I discovered three flasks of gunpowder wrapped up in newspaper and in an empty barrel standing upon the hatch ef the second floor of the building; the hatch-- way is enclosed and in the front part of the building; the powder flasks shown me are those I found; none of them had to; a on them; the tops on two of them were given me a young man in the employ of Platt, Boyd & Co., why said he found them on’ the fourth floor of their building; there was a piece of red tape in ove of them; when he handed them tome! did not fit the tops in the flasks; I gaye them to officer McDonaid to take to the station house; the flasks 1 took there myseli; they were all filled, or par- tially filed, with powder when I found them, and in the same condition as now, with the exception Of the tops. ‘TRSTIMONY OF PLATT SUTHERLAND, Mr. Platt Sutherland said :—I was directed by Mr. Boyd, my employer, te make an examination of our premises, 79 and 81 Murray street, to see if 1 could find any evidence of the late attempt to fire our premises and the building adjoining; on the fourth floor of our building, lying on boxes Of glass, I found the tops of two powder flasks, and handed them to the officer in charge of the prem- ises No. 88; on the floor above, between some boxes of glass und near the scuttle ladder, I found some strips of brown rene, paper saturated with salt; etre and rolled up in bunches; the paper was similar to that now shown me; I diso discov- ered wax candice marks on. the ‘scuttle stairs on the top floor and the stairs leading down from the top floor; I have seen candles in ‘our store, but we have not used We for the last two months; I mever noticed the candle marks before; I never saw_ the strips of browR wrapping paper nor the tops of the powder flasks before; I have not fitted them on the flasks found in Mr. Klaa’s premises; I neticed the hole in our scuttle; never saw it betore; there is one hole in our ‘scuttle about three-quarters of an inch im diameter, and there are three hoies in the scuttle of the house adjoining; the holes all Appear to be of the same size and to have been bored with an auger or seme similar imstrument; the tons on the powder flasks shown me are similar to those I found on our premises; one had a piece of red tape through it. IMPORTANT MEETING OF THE PIRE 00M MISSIONERS, The Board of Fire Commissioners had a long and protracted meeting yesterday afternoon, lasting ever four hours, during which the subject of inves- tigation relative to unsafe buildings and dangerous places of public resort was fully discussed. All the members conceded the fact that some prompt and efficient steps should be taken by the Board to Bat @ stop to the erection of numerous unsafe uildings which are constantly being put up in direct violation of the law, After con- siderable debate..it. was resolved that @ detail be made from each company throughout the department, practical and experienced builders and masons being aclected, to make # survey of every building in their he aa districts, and to Feport the same to the Board at a carly day; ir which the flap rind the Board will inake a peronal inspection of each and every one #0 re- ported us unsafe, all of which will be made public, showing the many buildings that are considered a8 mere vara. th and ‘wherein, PRT Aes as are dally "in jeopai The Wor! on ienday next. The Commissioners sna also several jg on hand, among others a dispute among the members m 18 hoek aud ladder. It seems as s00R a6 the members got home to the truck house. an old quarrel was resumed anda “ap ensued, which rentited in the interference of police and the arrest of three of the members ol ‘ide company. MUNICIPAL AFFAIRS. Board of Aldermen. An additional appointment was made yesterday in the Clerk’s oMice of this. Board. Mr. Samuel M. Slater was appointed First Messenger. Resignation of Mr. Green as Park Com- missioner. On inquiry yesterday at the Department of Parks, ‘a8 to the resignation of Mr. Green as Commissioner, Mr, Olmstead stated that no communication of that kind had been received at the Department. of the Commission was calle for yes- ferdas, bat as & quorum Was not present the ae ing was adjourned. it is understood that Havemeyer has received the Ferignation of Green, but hag not yet acted upon it. The Mayor’s Office. ‘The external arrangements of the rooms in the “Mayor's office have undergome Some change. The partition enclosing the office of the Chief Clerk, the! newspapér reporters’ rooms and the private rooms of the cler&s and messenger, hag been torn space thrown opea, ‘eatly im ing te, ane of the suite phi oot, ig or Favem will eect? faeces we r ony a certain ot aiarge ofeaiers Wi vat the si atarvening 4 rs. ‘Yesterday aificn ot aca rd number of callers, tn- ett reueranle low Weed, ag ) The City Water Supply. In consequence of repairs at the Croton Aque+ pel the Met ry arin sonie parts of both the east been mecessaril pabiocsee' a ieee r ig CI past, uring tha Te hewever, as the re- Yesterday was the the wattle of New January 8, 1816, and it was: celebrated in this city rseventh anniversary of ‘Which was fought on yesterday by the ey? ingot the different bulla ra Aa “tontvertary has hep dyn ho! nthe | v1 ol ona east bk wi forever Broke’ rer of Américn Weveral dinners were roa) 3G aries by societies, and a number @f 7a Walls OGOUTTPA, THE JERSEY MUNICIPAL FRAUDS. Trial of the Board ot - Public Works. How Bumsted Run the Board and How Robert- son Obtained a Monopoly in Contracts—Bray Knows Something This Time—Ben Welsh Never Down Grand Street— Hank Newkirk Reads Too Fast. The members of the Board of Public Works of Jersey City were placed on trial in the Court of Quarter Sessions in that city yesterday, on the charge of awarding the contract for the construc- tion of the Van Vorst street sewer without having advertised, as required by law. The construction of the sewer was carried out by William Robertson, the partner of William H. Bumsted. The members of the Board, Messrs. Gillett, Martin, Ingwersen, Welsh, Startap and Bray, were in Court. District Attorney’ Garretson was the only connsel for the Btate, while against him appeared ex-Chan- cellor Williamson, ©. H. Winfleld, J, Dixon and John Linn, No jurors were challenged by the State but THE DEFENCE CHALLENGED SIXTEEN, ; After the District Attorney opened the case, Wil- Ham Robertson was the first witness called for the State. He testifled—I am a contractor and builder; William H. Bumsted; the father of William H. Bumsted, is my partner, and has been since Aprila year ago; I built the sewer on Van Vorst Btreet from Grand to Essex strect; I was first spoken to about the matter by Wiliam H. Bumsted, who was then, I believe, of the Committce on Streets and Sewers; this was.about the ist.of December, 1871; a few days afterwards I uncovered the old sewer for a distance of 200 feet, and asalary for two’ weeks succeeded, after which I was or- dered to build “a new sewer; the old sewer was half of wood and half of brick; there are some houses between Grand and, Essex streets, which front on Van Vorat street, anda drain in the-rear of the houses which faced on the other streets connected with the old Van Vorst street sewer; I NEVER PUT IN ANY SEALED PROPOSALS for this sewer, nor ever bid oh it, nor ever saw any advertisement for proposals on it; there was noth- ing said about the price; my vill fer the Van Vorst sewer amounted to $18,800; Ihave receiyed but $2,000 upon it; I was paid by city warrant. Henry H. Newkirk, Clerk of the Board of Public Works, was sworn as the next witness, He testi- fied—The Board of Public Works m December, 1871, consisted of William H. Bumsted, Benjamin J. Welsh, Morillo H. Gillette, Aug. Ingwersen, Earl S. Martin, Thomas E, Bray and William H. Startup; I know nothing of a sewer in Van Vorst street, ex- cept that on the 23d of January, 1872, the Commit- tee on Streets and Sewers introduced.a resolution, which was passed, to pay William H. Robertson for work done and materials furnished for the con- struction of the sewer. When this resolhtion was passed 1 SENT IT TO THE MAYOR for approval; it came back to me signed by him, andIsent it tothe City Clerk, who drew a war- rant for the amount; the Committee on Streets and Sewers consisted of Messrs. Bumsted, Bray and Welsh, and at the time the resolution was passed all of the members 0; the Board were pres- ent save President Gilletté; nothing had been Sie by the Board regarding this sewer up to that ime ; * NO ADVERTISEMENTS FOR PROPOSALS had been published, nor had any tids been made; I know ofa contract being awarded to O'Neill & McLaughiin for the building of a sewer on Grand Street; the bids were received August 29, 1871. ‘William W. Miller was next sworn and ‘testified— Tam a civil engineer and had charge of the work on the old Van Vorst street sewer ; im the old sewer the lower part was timber and’ the upper part brick; I took charge of the work in November or December, 1871, by direction of Mr. Bumated, I think; 1 was first ordered to examine the old sewer and report on its condition; I made an ex- amination, took the levels in each ’man-hole, and reported verbally with profile to Mr, Bumsted; there was an officer known as Chief Engineer of} the Board; 1 did not report to him; I was ordered to give lines and grades fora new sewer; recon- structed sewer they call it. John P. Culver, Chief Engineer of the Board of Public Works, testified that he was not éonsulted in the case of the Van Vorst street sewer, because the Committee on Streets seemed to have taken the matter into their own hands; the profile in the case was given to the chairman of the committee (Mr. a ay and that was the last witness ever heard of it. A SHARP DEBATE between counsel here took place, and the District Attorney closed it by remarking with great warmth, ‘It seems you Want to put everything on Bumsted.” William Coleman testified that he built the sewer in Van Vorst street in 1858. Ezra Uarman, City Comptroller, testified to the payment of the warrants in the contract between the city and William Robertson for bullding the Van Vorst street sewer; coples of all contracts are kept in his office, but there was ho copy of that contract, THE DEFENCE. Ex-Chancelior Williamson arose and moved that the Court direct the jury to acquit the defendant, as there was no evidence of a contract expressed or implied to go to the jury in this case. The whole expenditure paid on the contract was $18,000, and the whole monéy paid on it was only $2,000. Robert- son never had any conversation with any member of ef Public Works except Bumsted in regard to this work. The District Attorney replied that the payment of money for this sewer was stopped because the indictment was found on the 4th of March and the Board of Public Works were. thus checkmated in the business. The contract between the Board and Robertson was ratified by the passage of the reso- lution ordering the payment of $2,000.. Can Robert. son recover the balance of $18,000 Spee the city? Of course’he can. So tar a4 the Beard dared they paid him, He carries out his part of the contract and they carry eut theirs, and it was enly when they one that any at IGHTENED BY THE INDICTMENT d payment. followed om behalf of the defence, A MYSTERIOUS CASE. A Fascinating Lady trom Washington in Robbed of $50,000 Worth of Bonds— The Stolen Property Traced to This City-Examination Before Jadge Dow- ling. Francis W. Brooke, of 744 Broadway, was ar- Taigned before Judge Dowling at the Tombs Police Court yesterday, charged with being an accomplice to the stealing of $50,000 worth of bonds trom Car- lotta F, Shotwell. Miss Carlotta F, Shotwell is a lady about twenty- | seven years of age, of dark complexion, hazel-eyed | and most expressive features. She has a wealth of purplish black hair, and during conversation the languishing glance of her melting eye fasci- Rated even the stern magistrate on the bench. Miss Shotwell, who was attired in an elegant black silk dress, with fur mantle, after the manner ofthe daughter of a Hungarian magnate, is evi- dently a woman of great clairvoyant powers, and rejoices in her spiritualistic knowledge. She told ® very long circumstantial story to Judge Dowling, the subiect of which, according to her statement, Was as follows:— On the 14th of December, 1872, she was in New York, and was introduced to a man named George A. Everett, at the Grand Central Hotel, by J. Styles Awour, To him she made known that she was about.to leave New York to go to Alabama, for the purpose of getting some bonds of the Selma and Gulf ‘oad from General Px D. Roddy, of that State, with whom she had two contracts for the delivery of the bonds of that road to the amount of $100,000, which bonds were worth about twenty-five per cent on their face. Everett, she says, told her if she would go Soutn, by the way of Chicage, he would furnish her passes over the entiré route, as he had a good deal of influence ree Tailreud officials and could easily procure The ‘journey to Chicago was made in company with Everett, who was very attentive to his lady companion—got out at every station and brougat her broiled chicken and oystér pany. and sometimes fried oysters, and was constantly in attendance to keep her well wrapped up against the various draughts that permeate a railroad car. On this train was a conductor named Dunn, who Knew the lady when she was @ young girl. He ‘was naturally jealous, and warned her of ier new- found iriend Everett, She happened to ask Conductor Dunn it she was: travelling on passes, and was told “No,” but on a ticket presented by Everett. On arriving at Chi- cago Everett was more than usually attentive. He escorted Miss Carlotta to breakfast and introduced her subsequently to his wife and children. Miss Shotwell then went out to take a drive with the Everett family, and on her return she found her trunk broken ppen and al) her papers gone. ‘The papers comprised bonds of agreement to de- liver bonds of the Selma and Gulf Railroad, in the State of Alabuma, amounting to $60,000, and also a number of other private Danae bel nie ing to the lady herself, and which she considers libelious, Miss Carlotta F, choral laced the case in the hands of Detective . Tyrrell, of Chicago. Everett was arrested pt brought before the Criminal Court there and held under $75,000 bail to answer, Everett communicated to Tyrrell that the papers were in the possession of Francis W. Brooke, of New York city, but that he (verett) had nothing to do with the robbery, Miss Shotwell and Detective Tyrrell.came to New York together, An application was made before Judge Dowling, at the ‘Tombs Police Court, Wednes- day afternoon, tor the arrest of Francis W. Brooke, ‘The warrant was issued and placed in the hands of Sergeant Quinn. At half-past iour Mr. Brooke was arrested at 744 Broadway. Yesterday afternoon the formal complaint was taken before His Honor Judge Dowling. Mis» Suot- well. appeared in the full panoply ef her charms, radiant with jewelry, principally rabies and pearls, which studded her beauteous throat or hung perd- ant from her well-shaped ears. Brooke loeked at Ube complainant in a peculiar manner, and, as it ‘was alterwards ascertained, they nad been friends of some five years’ standing, and knew each other in. many different vicissitudes of life. Brooke 1s what might be called a handsome man, about five fect ten inches in height, large, full dark eyes, dark.complexion, regular ieatures and black mustache. Heis a manof portly bearing, about thirty-six years of age, and is well known in New York among what is called ‘‘men about town.” There is @ peculiar phase in this case which will probably be developed on its future trial, The complainant 1s @ young lady of peculiar attrac- tions and fascinating in the extreme, and has. for some time mingled among the most Remnant politicians in Washington, and was the originator of @ company called ‘fhe Automatic Ship Venti- lator, Fog Alarm and Whistle Company.’ The members of this company were General P. D. Roddy, W. F. Myers, Francis W. Brooke and others, She also claims to he a member of ‘The American Scal Lock ha ae Francis rooke was held by Justice Dowling in $5,000 bail to answer. Ex-Judge Cardozo, who demanded an examination yesterday, will appear for him to-day. Mysterious developments, affect- ing prominent persons in this city, are expected to exude from this bide i uliar case. RAILROAD OPENING. a. The first threugh train passed over Mr. A. T. Stewart’s railroad yesterday, whick runs from Judge Rando jh said that, suppose the whole of. the money at pales it Would not have altered the case at all luestion was whether this work was performed by Robertson for the city upon ® contract entered into by or on account of the Board of Public Works, If Robertson engaged to do this work it was a contract.” It was not necessary the contract should be written, It wasa contract: even though it was verbal. For this rea- son and in view of all the facts adduced in the case the Court decided pat there was sufficient eyl- dence to go to the Jui Counsel for defence held ‘A LONG CONSULTATION, beh which the defendants were placed on the sear §. Martin Knew nothing about the work on the Van Vorst street sewer till he was indicted for it, though he ee LP. the payment of the mone; oe it; fn vot SPP FOD tions he did n but relied on the chair- ma of yarns pe committees. do you jain the fact that this in, the minutes and you did not intér- i an ae in the ‘matter? A. We never inquire about THE SERS ARE READ VERY RAPIDLY by the clerk (here pale) ; the minut Jollewing Tres ing, but are approved fined reeaing. August Ingwersen that he was never i the Van Vorst surest ch ‘an Vorsi stree sewer, tho * | $errocot fr the approprintion; it was customary te take the statements of the en. of eesti bebe ae | ie \- pipe ing the Board, out consulti previding the amount does not exceed - ‘Willtam H, 8 knew no more aboat the sewer than wit he itmesses, but he voted 25, the pode 4 ny OL) for the cen reason; be did id teat the chairman of a ittee coud enter into a contract without comsuiting the Bray gave similar evidence. He was ie ad Somettiee On Streets, On cross ‘Thomas E. @ member of Lectagp ns mretion aa Sere reets neve! a i 8 re eed “ee Were of ne earthly a Bei were (Buona tala with witness about ‘orat atreet sewer; a Mendnndl pawl ittee on ? mn oe A con ny the ingwersear in faesrd his 4 hho tatea og conmitaes rere", cee | scevod with life—a stater TLUGEPER, in, Bergemy the great out mie F itlet to sewer till the clerk (Newkirk) came from Grand Jury; athe spoke to Bumsted about it; he bad spoxen to, Dim, about three weeks pré- | Course the Board act on any suggestion of |. Mr. Bumsted in regard to this sewer? A. Not to my knowledge. ‘the Gouxt igre adourued til) this porming Hunter’s Point to Hempstead, L. I, Time tables were issued on Tuesday, and business was begun without making the usual excursion, It is twenty miles in length, and the run is made in cae tive minutes. Six trains run daily, one leavin unt. er’s Peint late at night, for the convenience of theatre-goers. MARRIAGES. AND DEATHS. Marricd. BAMBER—BEVAN.—On Saturday, July ae church, New Yer! y the Kev, F, D. D., Ina R. BAMBER, Lieutenant EF: rues N. G. 8. N. ae hy gig: SARA, thi of John Bevan, of West New Brighton, Staten Island, Lene of, T'Gheisea, England. BEAR—DURLAGH.—On Wednesday, Janua: ‘Oulibye tier daughter ry 8, Mi PETTING E SAMUEL Beak to Miss EMMA DuRLACH, both of this robetendes, Ulster co Kw No cards. WLER—MUMFORD.—At Christ church, New York, on Thursday, January h, ogh the Rev. Dr. Israel Foote, of Grace church, by the Rev. Dr. Thompson, of Grace church, New soul Dr. EDWARD Pr rat second daughter e late Mumiora, Esq., of Rochester, N, Y. PARKER—! 1z.—On Tuesday, January 7, at the West Presbyterian church, by the Rev. T.. Ry Smith, Mr, JOEL PaRkER, Jr., to Miss PaRTarE Pin- inter NIE, both of this city. Died. Avotpnk.—After a short ADOLPHE, aged 52 years, iliness, Relatives, friends and acquaintances, are re- | J, cufully invited to attend the funeral, on Friday atte rhood, at one o'clock, from his late residence, 14 Cariisie street, ALLISSON.—On Wednesday, JULIB ALLISSON, aged ed 1 year and 3 months, The relatives lends of the famul; fully invited to attend the funeral residence ef, her pas, ts, 248 East Thirty fourte street, on Lg january 10, at one 0’ P.M. ANDREWS.—The relatives and: trie nds 0 ‘Of dose J, Andrews ro wrenpecttly tv invited ‘to attend t funeral of his son the 10th inst., at. 10 o'clock precise! na Srithout 4 further sol as, Be the residence of beriteort be etre 7 ‘eo! day January 8, Cano wife oF William Garp, he soth, yak of hen age | ™) ‘The relatives an of the also ba of Sixteen rect Bap isha arch, are members mee coke rc dap A h, we of New York, ey o'clock P. M. Veoavx | to attend ard te mass J. ANDREWS, On Prt | toa 5 oe one orolock, fi from her late resifence, 211 wes renty-sixth eons Troy (N. Y.) rs please copy. Duryga. nw ednesday, January 8, of apoplexy, ALETIA, daughter of the late Corne: ling Re Duryea and sister of Harmanno B, Duryea. Relatives and friends are invited to attend the faneral services, at her late residence, 185 Wa: ington street, Brooklyn, on Friday, the 10th inst., at two P. Forney.—On Monday, January 6, THOMAS FouR- REY, native of Baliaman, county Longford, Ireland, ed 65 years. ‘The relatives and friends of the family, those of his sons, Nicholas Rooney and Andrew Furrey, and those of his sons-in-law, James O’Brien and ‘peter B, Masterson, ‘are respectfully invited to attend the funeral, from his late residence, corner of Fifty-eighth'street and Seventh avenue, this (Thurs- ay afternoon, at one o'clock, ILMOE.—At sea, on Sunday, December 22, on board steamer Montana, from San Francisco, Cap- tain Rosgat H. GiLMoe, of Shanghai, China, Relatives and friends of the iamily are invited to attend the funeral, on Friday, January 10, at the Tesidence of his uncle, John A. Emmans, New Utrecht, Long Island, at two @'clock P.M. ‘The re- mains Will be taken to Greenwood (or interment. GORMAN.—MARGARET GORMAN, a@ native of Kil- kenny, Ireland, S00 50 9 50 years. The funeral will take place from her late resi- dence, 311 East Twelfth street, on Thursday, Jan- Uary 9, at one o'clock P. M. GARVEY.. Wednesday, January 8, MARY Exizabern, the only daughter of Patrick and Mary Ann Garvey, at thelr residence, No. 105 North Ninth street, Williamsburg. The relatives and iriends of the family are in- vited to attend the funeral, on Thursday, January 9, at two o'clock. GiLMorg.—On, Monday, January 6, at his resi- dence, Fitth avenue, corner Seventh ‘street, Brook- n, after ashort but severe illness, PATRICK . ILMORE, aged 59 years, 6 months ands days. The relatives and friends of the family are re.. Spectfully invited to attend the funeral, from St. John’s church, Twenty-firat street and Fiith ave- nue, Brookiay on Thursday, January 9, at half-past nine o’clock A. M., where a solemn requiem mass Will be offered for the repose of his soul; thence to the Cemetery of the Holy Cross, Flatbush. Gorpon.—On Monday, Januar: 6, Dr, GEORGE Gor- DON, veterinary surgeon, aged 72 years, The relatives an triénds of the family are re- spectfully invited to attend the funeral, from his late residence, No. 10Gay street, between Chris- topher street ‘and Waverley place, this (Thursday) afternoon, at one o'clock, LAL AED —At Elizabeth, N. J., on Monday even- ing, January 6, HENRY SELBY Haywaxp, in the year of his age. Relatives and iriends are invited to attend the funeral services, on Thursday, 9th inst., at ten A. M., at Christ church, Elizabeth, N. J. HERRIOT.—At Yonkers, on Tuesday, January 1, CAROLINE, wife of Dr. George Herriot, in the 68th year of ner age. Relatives and friends of the family are respect- fully invited to attend the funeral, irom St, John’s charch, Yonkers, on Friday, at haif-past two o’clock. Train leaves Thirtieth street at half-past one. Carriages at depot, Yonkers, JACKSON.—At Green Cove Spriugs, Fla., on Sat- urday, December 14, 1872, after a lingering attack Of pneumonia, WILLIAM LEGRAND JACKSON, of New York city, aged 44 years and 3 months, eldest son o1 the late John A. and Ann Morrison Jackson. The remains were temporarily interred in the Jacksonville Cemetery, at Jacksonville, Fla. JAYNE.—At Fergusonville, N. Y., on Wednesday, January 8, MARY E., wife of the late George A. Grek. ‘aged 42 years. ‘uneral notice e hereafter. Jounson.—in Brooklyn, on Wednesday, January 8, JosEPH JOHNSON, in the 60th year of his age, Services wt late realdence, 114 Madison street, on Friday, January 10, at 11 A.M, Remains wiil be taken to New London, Conng for interment. LARSEN.—On Tuesday, January 7, Mary. S., daugh- ter of ‘istian Larsen, deceased, and Mary Lar- sen. ‘The relatives and friends of the family aro invited to attend the funeral, from the residence of her mother, 546 Grand street, Williamsburg, on Thurs- day, January 9, at one o'clock P. M. LASELL.—At Orange, N. J., on Tuesday January 7, Jonas K, LASHLE, ‘eldest son of Claudius B. and Elizabeth W, K. Lagell, in the 19th year of his age. LEAYcCRAFT.—On Wednesday morning, January 8, WILLIAM LEAYCRAFT, in the 51st year of his age. The relatives and friends of the family are re- spectfully, invited to attend the funeral services, at elght o’clock, on Thursday evening, at his late residence, 149'West Sixteenth street. LOUGHRAN.—CATHARINE LOUGHRAN, native ot parish Muckn, county Monaghan, Ireland, aged 38 years, Relatives and friends are respectfully invited to attend the funeral, from her late residence, Baltic street and Albany avenue, Brooklyn, on Thursday, January 9, at two P.M. The remains will be takea to Flatbush. Masor.—At Somerville, N. J., on Taesday, Jan- uary 7, MINNIE, daughter of James P. and Char- lotte A. Major, aged 13 years and 6 months. Funeral on Friday, loth inst. Friends and reia- tives will please tal < the 12:50 P. M., New Jersey Central Railroad, Carriages at depot. MARDEN.—On Wednesday morning, January 8, ELIZA MARDEN; aged 69 years. ‘The relatives and friends are requested to attend the funeral services, at_the residence of her son, Joba W. Marden, 464 West Twenty-fourth street, this (Thursday) afternoon at three o'clock. The remains will be taken to Oak hill, Nyack, for inter- ment, Friday morning. Mctvey.—In Brooklyn, on Wednesday, January 8, Mary, widow of John Mulvey, a native of the parish of Balnacarego, county Westmeath, Ireland, in the 60th year of her age. Notice of funeral in Friday's Herald. MCULUSKEY,—On Wednesday, January 8, 1873, JOuN MCCLUSKEY, aged 67 years. The relatives and friends of the family are re- spectiully invited to attend the funeral, from his late residence, 637 Washington street, on Friday, at half-past one o'clock. McCoxkLe.—At Newark, N. J. on Tuesday pays 7, ALFRED N,, youngest son of Samuel Sarah E. McCorkle, aged 2 years and 3 months.4 The relatives and friends of the family are re- spectfully invieed to attend the funeral, from the residence of his parents, No. 28 Congress street, Newark, N. J., on Thursday, January 9, at two o'clock P. M. : a , i noks county (Pa.) papers please copy. MoGowan.- Tuesday, J: a a cated of pneumo- nia, PATRICK MoGowan, aged 66 ye The remains will be taken to “fransfiguration church, corner o1 Mott and Park streets, on Thurs- day, January 9, where a solemn requiem mass will be said, at ten o'clock A. M., for the repose of his soul, and from thence, at one o'clock P. M., to Cal- vary Cemetery for interment. Relativesand friends of the family, and)of hia son, Andrew P. McGowan, are invited to attend. INGER.—Suddenly, on Monday, January 6, at. anty, N.¥., JULia T., wile of George W. Pettinger, aged 55 years, Relatives and friends of the Tamil fully invited to‘attend the funeral, Jan- . and are respect- im the rest- ester, assisted | dence of her brother, James H. Dederick, 143 Elliott A aa on Friday, 10th inst, at two RADLEY. —Suddenly, on Tuesday, January 7, Exiza, wife of Joseph Radley, in-her 44th year, Tie relatives and friends of the family are re- invited to attend the pe rey from her ange pe avenue A, on Thursday, January 9, at one o’cloc! REYNOLDS.—On hay ey January 7, snddenly RaLpn A, RAYNOLDS, ip the 41st year of his age. ‘The relatives and friends are respectfally invited bis funeral, on Ge A a 9th instant, at one: o'clock P.M,, fro} 08 Of John place, i ‘de, 803, Sout rin wie t, Brooklyn, & D. pane pea we ednesday huary 8, 1878, ANN SCALLAX, Only daughter Of Patrick und’ Mary Seal: 3 mont Jandary 8, EUGENIE ent riatives and friends ‘of the family are re. spectfally juested to attend the funeral, from the er parents, 54 New Chambers street, ha tues ne ‘at one o'clock P. ie arent y PATRICK SHEA, a atte of Teewra county Cerk, Ireland, in the ‘70th year of his age. The friends of the family are respectfalty invited ttend the funeral, from his late residence, 381 Beas rperen street, on Thursday, January 9, at two o'clock,’ anurans bean esday, January 8, HENRIETTA, me yer of sloatebiirg. Notlee ie funeral in tomorrow's sp STEBBINS.—At Plainfield, HW, wit Lh 8 po tes y daughter of Robert H. Seely, dee deceased. te residence, a8 Greenwich steak, on Thors- th en % ‘at two o'clock P.M. The remat ner from Church of the Holy ware pore ‘> ter wall be See CATINE Nyack. carton in the fon year | year of ore! P.M. Relatives CAEDOLt, relict of Patrick attend, without, ay main on baton dy oth pane and friends are imvited to Cai ‘ages will be id stetion, Central ud iriends of the Raliread of New Jersey, to meet the 12:50 train Jol hn, Patrick and heats as Carrol;, Late nd berty street sand myiatnen aoe pet eee ¥ .—OD M monday aire: January 6, tity i G ten oiclog Lae Lat triers tol jean pores | bee a and Sa ek the, pe rr Cay re- to cavers a . & fa, Pe Lyi tg Rd oust door from oat: shail 8, or 3. Lexingos avenue, hs fare) rnoon, at ono ‘thou! ‘The ‘relativ frend oF tie family, also the | “rwoueson.-On Tuesday, Januaty 7, JANE A.. members andef| relict of Captain ipson and Ste a Mui Reon ore respectful daughter of the late Richard Am invited te at he his late resi- The relatives and friends of a family are re- 7? Bast byt Som 9 street, on Friday, invited attend funeral, this o Seams. oS “yal consump- ees hritopher retract, 1 twelve Sonenen i Sener Keane eer “1 madi ‘Tnreday) ie. Himly are invited to attend See ne Wednes- yh beat & Beis 2 De ‘DEvRL.—In this e1¥¢ 0 oly seni ope umal, re e ety: ch leury Madison avenue, on Thatsday, whe Tuueral Will take place on Thuradey, January wo aitern: 4 o'cls her late resi- 6 iano feta, cap January 6, at Totows. (See ost peers Captain AN< —On Monday, 8, dy Of ear Paterson wie ends a seein Invited, te wloek ce soy ir Tso depet on the pag and Erie train mie New-York at en o'clock A. M. an of January 6 ot Oe York malty, ood mies oe tee ticnas are invited to attend the: t and fronds are bev pivine ‘Paternity, ‘avenue fifth street, thid heen at Yolock. , January 7, Bums M., residence, t, at one Ow P.M. ee on Friday next, a he ‘OLeR.—On Monday, January 6, 1 Finn an dyense rae Hote. X N ‘a. w Woure, f0 of Nore ms f tl family are {ne mh Ke er Cate and st lend . ay “ ae ret 8 Ot the. Gaviouty Bast Twent; 1a yas past nine A. Me Nork (\de) DAveTS Please CODY,