The New York Herald Newspaper, January 10, 1873, Page 11

* ’ % THE COURTS. ——— THE TWEED TRIAL JURY TROUBLE. Difficulty of Getting a Jury—Citizens Will Form an Opinion—The Press the Real Tribunal—Ten Jurors Only Obtained, THE JUMEL ESTATE CASE. Testimony Given as to Alleged Declara- tions of Madame Jumel—Had She an Illegitimate Son? WOODHULL, CLAFLIN, BLOOD. poet es Arrest of the Male Partner of the Sorosis Firm— “The Weekly” Indicted—Warrante Issued for the Arrest of Woodhull and Claflin— Proceedings Against Blood Yesterday— The Case To Bo Continued To-Day, BUSINESS IN THE OTHER COURTS. Summaries—Sentence for Murderous As- sault—Decisions, Another day has been consumed yesterday in the effort to get a jury to try William M. Tweed upon the “big indictment” found against him jointly ‘with Hall and Connolly. At the adjournment of the Court three more were obtained, making ten inall. The first panel of one hundred having been nearly exhausted, another panel of the same num- ber has been drawn and it is likely that from this latter panel. two more men “honest and true’? will be obtained to fill up the two seats still remaining vacant on the jury. Meantime the crowd throng- ing the court room increases each day, and it is probable that when the testimony is reached the crowd wili exceed that at any previous trial ip this elty. ‘The case of George Washington Bowen vs. Nelson Chase was resumed yesterday in the United States Circuit Court before Judge Shipman and the special jury. Repeated offers were made by coun- gel for the plaintiff to give evidence of alleged @eclarations by Madame Jumel that she had had an illegitimate son, but they were excluded under the previous rulings of the Court. Much of the @ay was taken up with the read ng of depositions, The case was adjourned until to-day. Yesterday Colonel Blood, who is identified with the firm of Woahull & Claflin, was arrested and brought before Commissioner Davenport charged with sending obscene publications through the United States mails—ta wit, copies of a revived edi- tion of Woodhull and Clafiin’s Weekly. The warrant on which the Colonel was arrested intluded a charge of the same character against Woodhull and Claflin, Who are aiready under indictment for forwarding filthy literatare through the Post OfMice. Blood was held in $5,000 bail, His examination takes Place to-day. Theedere Jacobs, 177 Greene street, was yester- Gay held in $500 bail for examination by Commis- sioner Shields, on a charge of selling Hquor with- out paying the special tax required by law. Yesterday five men named King, Clarke, Rush- mere, Sutton and Schofield, the four first named having been quartermasters and the latter cook on board the steamship Denmark, were held by Commissioner Osborn to await the action of the Grand Jury on a charge of having recently amuggied into this port from England « quantity of brandy and other articles. TWEED'S TRIAL. Slow Progress im Getting a Jury— Three More Added to the List, Making Ten in All—The Public Press and Its Influence on Private Opinion—The Hamors of Jury Getting. ‘The decidedly tame and tedious process, as it is for the most part, of getting a jury to try William M. Tweed, must possess a peculiarly fascinating interest tor many, for the Oyer and ‘ferminer was again crowded yesterday, and what is more, in the face of the almost sure prospect of not filling up the jury and getting at the merits of the case, the crowd stuck and hung till the Court adjourned, al- though this was an hour beyond the usual time. NEW YORK HERALD, FRIDAY, JANUARY 10, 1873.—TRIPLE SHEET. fm the jury pox would be Judge and ores seemed@ anxi "a labor with thie result. Several rs were d and questioned, but had te be rejected. “1 bave formed a decided opinion from what I have Cony said John Martin, ‘as to the guilt of “Could that opinion be changed?” “No, sir, I think not”? “And 80 ag have a very decided opinion as to this casey’ Mr. Fullerton asked Zachariah Stern. “My opinion is so decided 1 could not give it up.’ ‘Well, then, we give you up,” said Mr. Fullerton. “Mr. R. Thurston, the druggist, was asked wiat Papers he rea¢, “I read the Times and Evening Post,” replied Mr. Thurston, ‘Well, have yon formed an opinion in this case?’ ‘Most decidedly,” “Could it be changed?? “No, sir? “Not by evidence?” ‘| “Net at all.” Tuage Davis, Mr. Sparks, the Clerk; the prosecut. , Ing counsel and the jurers already obtained were prompt on time, but Mr. Tweed and his lawyers, for some reason, were nearly fifteen minutes late. Mr. Tweed’s two sons William M. Tweed and Richard Tweed were present as on the day previous. The ‘Boss looked as brightly cheerful as ever, and when any of the counsel or candidates for jurors said a good ing laughed with a heartiness that seemed Kardly in keeping with the gravity of the white choker he wears. The counsel did not evince any hurry to get to work. THE DAY'S BUSINESS. “Let us to business,” said the Judge at length, father impatiently, ‘Call anuther juror, Mr. Clerk.” “John ©, Davidson,” called out the Clerk. Mr. Davidson elbowed his way to the witness box. He stayed there a long time.. He was first put through the stereotyped process of lengthened interrogatories, and then he wad chal- lenged to favor and further gaeasioned, and then the lawyers got ito a legal Wraugle, and then the Judge talked, and finally the tricrs to whom the case was referred decided that be was incompe- tent and he was told to step aside, SERIES OP REJECTIONS. ‘There was a particularly long controversy over the next name called—Maro Fidlitz. Counsel ow both sides veniilated at Lee their legal learning upon the subject of competent and incompetent jurors, After some two hours questioning and ‘alking he was finally rejected as incompetent, Up to recess not another juror had been obtained, and on the reconvening of the Court the prospect for a time looked fair for a continuation of the same re- sult. Joseph Morris Cohen and Elich Pollok were both, after severe catechising, rejected. Paul Peryibel was next called. He id read in the papors about the city being robbed of large sums of money, and believed Tweed had @ hand in the robbery. « noua testimony disabuse your mind of the im. = as to Mr. Tweed’s guilt?” asked one of defendant's counsel. “It would take pretty strong testimony,’ was the ‘prompt reply. “Do you believe all you read in the papers ?”” “There muet be some truth in it.” {tis neediess to say that Mr. Peryibel was re- quested to step aside. THE BanTH JUROR. Matters now began to take a more promising turn. Dennison R. Parker was next called. He that he had lived im the city for the past twenty-one years, and that he had once been a school teacher, ounce & policemen and at present ‘was in the oyster business, He was then qnes- tioned as to his various readings on the subject of the Ring frauds. “what were? de en: " ‘ i tang dis “Any paper I can pick up. I enly read the edi- terials.” ‘Have you formed an opinion as to the inno- cence or quilt of Mr. Tweed from these editorials?” “They do not agree.” you disagree 7’ (Laughter.) “Exactly 80, I have formed no opinion.” Mr. Peckham catechised him as to his ever hav- Ing held a city office or had a contract, and, being avswercd satisfactorily on this, sought for infor- mation on his oyster business. “So, you sell oysters now for a living 7" queried Mr, Peekham. “Yes, sir.’ “where do you buy your oysters 1" “7 don’t buy them.” “How can you avii if you don’t buy. “J sellon commission.” (Laughte 1. Parker was acceitért, NINTH JUROR, Patrick J. Keary, toy dealer at 18 Divisfin street, ‘who Was next called, answered the questions pat to him in such a prompt and satisfactory manber that he was at once accepted, TENTH JUROR. ‘Things were working swimmingly. Richard Daw- fon, liquor dealer at 462 Greenwich street, passed through the same inquisitorial ordeal With like re- sult. CALLED, RUT POUND WANTING. it looked Dow as thongh the two remaining seats ” ) ae, you not render an impartial verdict?"? , Bir, It is needless to record the further examinations. ‘The Court was obliged to adjourn, with two seats in the jury box still empty. Previous to adjourning Judge Davis repeated his admonition of the evening previous to the jurors, THE JUMEL ESTATE CASE The Suit of Bowen vs. Chase—Further Testimony for the Piaintiff—More Alleged Declarations of. Madame Jumel Respecting am Illegitimate Son Ruled Out. The further hearing of the case of George Wash- ington Bowen vs. Nelson Chase was resumed yes- terday in the United States Cireuit Court, before Judge Shipman and the special jury. William Henry Carroll, a colored man, eighty- three years of age, stated that he had lived in this city, and tn 1838 and 1839 he was Mme. Jumel’s coachman, It was offered to prove by this witness that Mme. Jumel had stated to him that she had had an ille- gitimate son; but this was excluded under former rulings of the Court. It was also offered to prove by the same witness that Mme. Jumel had carried a pistol, and that en one occasion she became usages ata man named Lewis and attempted to shoot him, This offer was ruied out on the ground that Mme. Jumel’s temper was nota matter that had any- thing to do with the present inquiry. George Washington Hunt was next called as a witmess, He worked for Mme, Jumel in 1832. He was asked if, when he had mentioned his name to Mme, wumel, she had not said she hadason in Providence of that name, ‘This question was also excluded under former rulings with respect to the same class of offered evidence. Mrs. Helen L. Beers, another witness for the plaintiY, was asked if Madame Jume! had not ad- mitted to her that she had an illegitimate son and wanted him to live in the same heuse with her, but that he was well situated and did not degire to make a change? The Court excluded this evidence, The witness was cross-examined at considerable length for the purpose of testing the accuracy of her memory as to certain statements she had made in the course of her evidence. She said she hud at one time gone by the name of Antheny, but she did it for a motive ; she wanted to get rid of com- any that she could not keep up; she might have Yavelied with another person who. gave the name of Anthony for her. Part of witness’ deposition Was read to show that some of her statements as given ow the stand were different from what ap- peared in the deposition. 4 Elizabeth Price (colored) deposed that she was forty-one years of age, and Is a married woman; her tather was kidnapped about 1841; she was then living at the Pavilion Hotel, in Saratoga; her mother was then living there; saw Madame Jumel atthe Pavilion Hotel, Saratoga; it was kept by Mr. Cross; when Madame Jumel left Saratoga wit- ness came on with Madame to the mansion at W&ashington Heights; witness was then about ten years old; remained with Madame about two years; waited on Madame ; there was no one there to compase Madame'’s family but witness and Ma- dame; does not think Mr. Chase was there at the tame; saw his daughter, Eliza, there at that time; did not hear any conversation atany time between Mr. Chase and Madame; Mrs, Chase visited there and two other elderly ladies from Providence. Q. Did you hear either of those two ladies in con- versation with Madaine Jumel, or Madame Jumel, in the conversation, speak of Madame Jumel's son in Providence to ? and excluded under the previous dency were aiso ruled out. Mr. O’Conor cross-examined the witness, and she replied, in answer to a question, that ste never saw at Provideuce the two elderly ladies whom she had seen at the Mansion, ‘To Mr. Chattield—She had at Madame’s seen a picture of a little boy; she thinks it was on paper; she took it ont of Madame’s drawer, and Madame ‘took it from her, Mr. Chatfleld—Upon finding the miniature with you did Madame say anytning to you about it, and iso, what did she say? Ubjected to and objection sustained. Q. When Madame Jumel found that picture with you, did she say it was the picture of her sony ‘eee ed to, Objection sustained and exception en, The Judge said, as his course might be the sub- ject of criticism he wished to impress upon the jury that in excluding these questiens they were not to assume that they would be answered in the afirmative. They had nothing whatever to do with them, The witness was recalled, and, in re- ply to Mr, Carter, said that Mr. Gideon J. Tucker spoke to her about being a witness in this ¢ he saw her at 54 Thomson street; after that wit- ness spoke to her about being a witness also; wit- ness went alter her; Mr. Tucker went with her The deposition of Annie Northrup was read by counsel for plaintiff. Portions excluded under the former ruling. COLONEL BLOOD IN THE TOILS. inate hci Woodhull and Claflin Again in Jeop- ardy=—The “Weekly” Indicted—War rants Out for Their Arrest—The Sisters Charged a Second Time with Sending Obsecne Literature Through the Malils—Proceedings Before Commission- ‘er Davenport. Yesterday afternoon Colonel Bieod, a member of the well-known firm of Woodhull & Claflin, engaged in the conduct of brokerage business in Broad street, was arrested by Deputy Marshals Purvis and Crowley, at his office, on a charge of having, on the 6th inst., forwarded through the mails of the United States an obscene, vulgar and indecent publication, to. wit, a revived copy or copies of Woodhull & Clajlin’'s Weekly. The aMidavit on which the warrant for the arrest of Bloed was issued had been made by Mr. A. T. Comstock, who is connected with the Young Men’s’ Christian Association. This affidavit included an accusation against Woodhull & Claflin for the same offence. It will be in the recollection of the public that Wooahull & Clafiin are already under indict- ment in the United States Circuit Court for a vio- lation of the law against using the mails for the circulation of indecent and immoral publications; and the jact that warrants were again out for their apprehensien for a repetition of the alleged offence, and also for the arrest of Blood upon @ charge of the like nature, caused no little stir in the federal Courts, Up toa quarter to five o’clock Woodhull o'clock Cofonel Blood, accompanied by his counsel, Mr. William F. Howe and Mr. Jourdan, entered the Grand Jury room of the federal Courts, The Colo- net did not look very bright; he was more or less “seedy ;"’ at all events, he dla not sport the heavy Id cable chains and massive rings displayed by 18 jeading counsel. The room was soon filled with howto marshals, ieee aad seekers after the curious and sensa- tional. Commissioner Davenport having called the case, Mr, A. H. Purdy, United States Assistant District Attorney, Was on hand promptly to represent the prosecution on behalf ef the government. Mr. Howe, after looking at a paper, asked the Coionel Biood had heen arrested, Commissioner Davenport—Yes, sir. Mr. Howe—That is an aifidavit setting ont, on in- formation and belief, that Blood, as the agent of two persons, mailed on a certain day a paper which Comstock calis obacene. Lt is proper to inform the Commissioner that in the United States Court of this district three inaicitments have been already found by the Grand sae against Woodhull & Claflin for the very same charge now contained in this atlidavit of Comstock made on information and belief. I believe that the spirit of the county to-lay is that no citizen shall be wronged or oppressed by any tribunal or ofict: ind if it has come to this, in this stage of the history of this land, that a man like Comstock can go before Your Konot, or any police Beg tr tdoe or any jurl and make an afidavit, ntormation and bel thatthe agent of a per- son did such and such @ thing, and cause that agent's artgst, 1 say, then, that this is no longer @country—* Commissioner Davenport -1 do not so read the amidavit. It sets forth that Mrs, Woodhull and Claflin and Colonel Blood did mail such publica- tion. Mr. Purdy asked Mr, Howe if he moved to dis- miss the complaint? said he did. ‘urdy observed that the prisoner being now im court and in custody, in rexpowse to the war- rant, it was not competent for counsel to move to po Nag adidavit on Which that warrant was sued Mr, Howe wanted to know If upon this alidavat 3} from Saratoga to the place where her sister lived. | & Claflin bad not been apprehended, but at three | Commissioner if that was the complaint on which | y formation and belief, these two women, int Oodhull and Olaftin, could be PREVENTED VROM LECTURING to-night? He thought that waa the object in making the affidavit. . Purdy moved that the prisoner be asked as & wneies be corer an examination or wishes 0 give bail. ir. Howe said the prisoner was r foran ex- amination now. It was the maligpity of Comstock that induced him to swear to the affidavit for the of preventing these women lecturing to- ae t, ir. Purdy replied that he was not ready to on with the examination just then, but he would ready at a reasonable time, say to-morrow. Wood- hull and Clafin were already indicted in this Vour' and they would be tried a8 quick aa any judge coul be found to try them. Commissioner Davenport having stated that he denied the motion to diamiss the compiaint, the dis- cussion then turned upon Be pncetian ‘of bail. Mr. Jourdan applied hi to that lengthened address, eontauding charged was a misdemeanor that, therefore, the bail should be amount, as it was within the discretion of the Court to do so, Colonel Blood was a poor man, he had little means, and in a case like this it was hard to put him in p ee, probably for four weeks, until he could procure bail, Colonel Blood was THR PINK OF CHIVALRY, He weuld not run away, He was fighting for a Ll je? ang he claimed that he had a right to publisl INFAMOUS CRIMEA, that were committed in the city of New York; that those crimes should meet the publiceye. As the editor of a public journal he had a right to state facts to the public and strike at those vices and crimes which CRIED TO HEAVEN’ FOR VENGEANCE, If man committed crimes against the commu- nity, nO matter whether he occupied a pulpit or a dunghill, it was the duty of the editor of a paper to speak out agatust them. They did not want to have their prospects of a h panic lecture destroyed. Woodhull & Olaftin were struggling up to a point, where they expected te enjoy the free light of heater without any one to say. ,Snything against em. Mr. Purdy denied that this was an attack upon the liberty, or even, ifhe migttt say it, upon the license of the prants It was a prosecution against Blood for using the mails for the circulation ef Vulgar and obscene pubiications. The defendant had persistently violated the law, and, therefore, in thts case no small amount of bail should be asked. He moved that bail be fixed at $5,000. The Commissioner fixed the bail at that amount, and bail for that sum was tendered. ’ Mr. Howe said he pledged his word that if Wood- hull & Clafin were not arrested to-night, but al- lowed to lecture, as announced, they would be in attendance before the Commissioner in the moru- ing. Tire Commissioner replied that, having parted with his warrant, he had no contrel over it, It was now in the hands of the Mavshal. Mr. Howe then appealed to Marshal Sharpe, but the Marshal gave no detinite answer, ‘The proceedings were then adjowned mtil to- » When the examination of the accused will -take place, SUPREME COWRT—CHAMBERS. Decisions. By Judge Barrett. Martine vs. Lowenstcin.—Boti motions denied, With $10 costs, Spencer vs. Spencer.—Referred back to take proot of service of process under new rule, Hoiloway vs. Stephens.—Case settled. Simmons vs. Coheu.—The sureties are sufficient. Sands vs. Myers, otion granted, with $10 costs. : MARINE COURT—PART 2. Decisions. U By Jadge Gross, Manly A. Ruland and Another ys, William H. Jenkins.—Judgment for plaintits for $482 78 and costs, with $25 allawance, Morris Woli and Another ve, Henry Jacoby ana | Others.—Judgment ‘or plaintiffs for $361 64 and costs, With $25 aliowance. COURT OF GENERAL SESSIONS, A Mardcrous Assault--A Concert Saloon | Girl Shot At by Her Lover—The City Judge Sends Him to the State Prison for Ten Years. Before Judge Sutherland. The first case disposed of in this Court yesterday was an indictment for assault with intent to kill | preferred against John Harrington, alias George Roberts. It appeared from the testimony ot Jutia Smith that she was a concert saloon girl, and that she lived with the prisoner at 61 Bayard street; that on the night of the 13th of December he struck her in the face and locked her in the room of Rosa Wilson, Whe was also a waiter In a concert saioon, | and that he returned at _half-past four o’cleck ou the following morning with John Farney, the “friend” of Miss Wilson, and deliberately fired a loaded pistol, inflicting a wound in her breast. The complainant’s evidence was corroborated by Miss Wilson and Karney, aud the jury renderod a ver- dict of guilty. Judge Sutherland in passing sentence remarked that there were no mitigating circumstances, and imposed the full penalty, which was ten years’ im- prisonment in the Sing Sing Prison. Grand Larcenies. Joun Beck, charged with stealing a gold watch and chain, valued at $100, the property of Daniel Block, pleaded guilty to an attempt at grand lar- ceny. He was sent to the Penitentiary for ong year. David Tucker, who on the 12th of December stole five pieces of alpaca, worth $104, from the store of Wilham M. Gibbs, 637 Eighth avenue, pleaded | guilty toanattempt. He was sent to the State | Prison for two years and six montis, James Curry, a sailor, was tried and convicted of grand larceny, in stealing $60 in money and a wateh from John Godhold last Sunday morning— the complainant being a fireman on the steamship Empire. Curry was sent to the State Prison for three years aud six months, Felonious Assaults. James Duffy was charged with cutting William Buitman en the head with asmall knife at a saloon, | No. 9 Second avenue, on the night of the 30th of De- cember, He was convicted of an assault with in- tent todo bodily harm and sent to the Peniten- tiary for two years and six months, Bernard Farrell pleaded guilty to an assault with a dangerous weapon with intent te do bodily harm, the indictment charging that on the 23¢ of Decem- ber he cut Owen McBride, at 746 Second-avenue, in the head with a knice. Farrell was sentenced to the State Prison for two years and six months, BROOKLYN COURTS. ahi SUPREME COURT. During next week two Justices of the Supreme Court, Gilbert and Tappen, will sit at Circuit. Forty cases will be placed on the calendar and called each day. CITY COURT—TAIAL TERM. Suits Against Endorsers of Notes. Before Judge McCue. i. B. Clafin, Edward KF. Kames and Edward W. Bancroft bring suit against William Btoss{eld to re- cover $8,295, the amount due on six notes and pro- | test given by one R. J, Olark in 1870 and endorsed by the defendant, after giving credit for $4,660 whtch they have received from Mr. Clark, It is clained by the defendant that.he endorsed these notes for a previous indebtedness of Clark ftite maker) for his accommodation, without considera- tion and at the request and for the advantage of the plaintiffs here. Mr. Blossfeld further alleges that he was induced to become enctorser by false and fraudulent representations made by the plain- ti? Bancroft, and by the great confidence he re- posed in the firm of H. B. Clafin & Co., and thit the value of certain property of Clark seld out by | them should be credited upon the notes, The de- fendant also claims, in the event of his being Jound liable in this suit, that he is entitled to an dssign- ment of certain insurance policies held by Clatin & Co. on Clark's life, A suit, similar in character, to recover $6,359 from H. 8. Christian, is being triet with Blossield suit. The principles in both cases are alike, BROOKLYN COURT CALENDAR. CITY COURT.--NOB, 36, 37, 74, 75, 76, 77, Uh, 114, 122, 126, 130 to 148 inclusive, 152, COURT OF APPEALS CALENOAR. ALBAny, N. Y., Jan.9, 1873. The following is the calendar of the Court of \p- peals for Friday, Hag 10 08, 16, 17, 25, 27, 28, 36, 37, 08, 48, 51, 54, 55, ‘The Court meets at half-past pine o’clock, SUPREME CCURT CALEKDAR, Synacuse, N. Y., Jan. 9, 1972. The following is the day calendar jor January 10, in the General Term of the Supreme Court now in session in this city :—NOs. 42, 43, 44, 49, 61, 66, o7, 59, 61, 63. UNITED STATES SUPREME COURT. | AE Drawbacks Allowed on Exportation«—A Child Held to the Judgment of His Years. WASHINGTON, Jan, 9, 1873. No, 8% The Pertiand Company vs. The United States--Appeal from the Court of Clatms,—nis | was @ petition by the company, a corporation of Portland, Me., to recover the drawback allowed on exportations by section 171 of the act of June, 1864, on four locomotive engines exported by them, The engines were manufactured by the claimants under @ contract with the Uniied States, aud the internal revenue thereon was paul. Afterwards the cn- gines were sold by the government at public auc- tion, and the claimants bought them, and, export- ing them, claimed the amount of internal revenue tax which had been paid on tiem, that being the amount of drawback provided by the act. The Commissioner of Internal Revenue, whose duty it is to ascertain and award such claims, disallowed the claim, and the company appealed to the Court of Claims, where it was held that, as the act had made no provision tor au appeal from the decision of the joner, the petition must be «is- missed. The question here is whether the complainants are entitled to an appeal, the government insisting that the decision of the Commissioner ts final an binding uponallconcerned, Submitted on printed puet for government by O. H. Lill, appellants filug No, 85. Harwood et al. vs. Cincinnati and Chi- cago Alr Line Railroad Company—Appeal from the Circuit Court for Indiana.—The appellants, as stockholders of the road, filed their bill to set aside & judicial sale of the road, which the company had constructed, on allegations of fraud in obtainin, the decree. The defendants demurred to the bill, and the Court sustained the demurrer aud dis- missed it, The only question in the case is whether the jacts stated support the allegations ot the bill. Case submitted en the prinied briefs of ‘Thomas A. Hendricks for the appellants, aud of McDonald, Roache & Walker for appellves. No. 8 Washington an@ Georgetown Railroad Company vs. Gladmon—Error to the Supreme Court of the District of Columbia.—Gladmon in 1863, being then about seven years of age, when crossing the street was knocked down and badly injured bv one of the company’s cars, ‘Tho hoy started to cross the street, and then Bttemipted to run back and was hurt in the attempt. On the trial the Court charged the jury that ina case of this kind, in deciding wiether the negligence of the child | contributed to his injuries, they should hold the child only to the judgment of his years—childhood judgment—and not to the degree of prudence and caution to be expecied from an adult. The verdict was ior the plaintiff, and the company bring the writ of error, maintaining that this instruction was error; that the » rule as te care and discretion applies to children as to adults, and that. this rute places the burden of proof continually on the plaintiff to show ordinary care on lis own part and want of such care on the part of the defend- ant. Messrs. Bradley, Sen,, and vr., lor the com- pany ; Merrick and Wothingly for the defendant in error, SUPERHEATED STEAM. Vapors of the Controversy—kcalding Theories for McS8pedon—Science Versus Instinct— How the Doctors Differ. To THE Eprror or rae WeRaLp:— Having uoticed quite a number of communica- tions on “Superheuted Steam,” { would like you to publish a few facts for the benetit and instruc- tion of Fire Marshal McSpedon, The usual pres- sure on hense-heating boilers is from ten to ae teen pounds per square ine! nd the temperature of steam at fifteen pounds pressure is 216.8 degrees Fahrenheit. Iron, to burn wood by coming in con- tact with it, must be heated above six hundred degrees Fahrenheit. That explodes MeSpedon's theory of the pipes becoming red hot from the heat of steam. Here is a case that will show that wood will not burn readily by contact with steam pipes or boile There is @ steamboat belonging to New York whose decks have settied so that the combings lay against the boiler above the water line, and have been in that condition tor ten mouths to iny viedge, and on the top of the steam chimney of me boiler is a piece of wood that accidentally left there over a month ago, and it is net burned yet. boiler are bau periment American with superheated Institute steam in building, about. year ago:—Pressure of steam = in 106 pounds per square ine: of steam in boiler, 350 degrees Fahrenheit; tempera tive ofsteam in superheater, with same pressure as in boiler, 426 degrees Fahrenheit. Pressure ta the superheater reduced to fitteen pounds reduced the temperature to 268 degrees Fahrenheit, only forty- twe degrces hotter than steam in the boiler at fif- teen pounds, The superheater used in the above experiment was placed directiy on top of the boiler, the heat from the fire passing through tubes in it. And if Norman Wiard or MeSpedon will ex- plain how they get such high temperature with the one boiler, | banked fires I will run my boat with banked fires all the time, and, to compensate them for the use of their discovery, I will give the value of the dite ference of coal consumed, ENGINEER Y. 5, “Hy a Encore de Quot Glaner.” To THE EpiTor oF THE HERALD:— If the part of the pipe which passes through par- titions and wooden floors be surrounded with a | section of tube of non-conducting material, such | as porcelain or plaster of Paria, leaving a space of about hail an inch between the pipe and the tube, for a iree circulation of air, there will be no fires from superheated steam or heated pipes. This is what the public want, and not discussion about established, tabulated facts, within the | reach of all. JOSEPLE W. € MIN. Wiard’s Theory Sustained. To THe Epiror oF THE HERALD: To illustrate the justuess of Norman Wiard's | theory, take an open pipe (with free cirewlation of air) and put it in a strong fire. The draft inereas- ing with the heat, it will be a hard job to bring the part submitted directly to the tire to a white heat, and both ends, out of the fire, will keep cold, But ping each end (shut the circulation) and the heat will increase rapidly even with deadened fire (with banked fire), and the ends out of the fire will ip ashort time rise toa beat sufiiciont to inflame any dry substance placed in contact with (hei. BB MeSpedon Alarmist. BAVrIMOKE, Jan. 7, 1873. To THE Epitor ov THe HEeRaLy:— Lhave been much interested_in the origin of the fire which consumed Baroum’s Musewn. The statement published by the Fire Marshal is so alarming to all occupying buildings warmed by steam (as {£ do) that, if true, all such heating apparatus should be thrown aside, could not exactly understand the theory of the Fire Marshal, | and, indeed, it was disputed by those who assumeri to be experts In a sequent number of your aper; but in to-day’s issue I find it is sustained yy Mr Wiard, and an explanation of the rationale of the dangerous operation of steam | is made, and though, no donbt, quite clear to those | familiar with the subject, is net quite clear to my mind, and I therefore venture a query to clear up the doubtiul point. Alter describing the operation of the boiler and pipes when tn use, Mr. Wiard then supposes the fire “putout altogether,” and says “the heat stored up in the red-hot brick of the surrounding walls would quickly perferm that function and make the steam as hot as the temperature of incandes- cence.” Now, tf this be so, why will not the same “peat stored upin the red-hot brick,” so long as it is at this higa temperature, perform the further function of evaporating the water in the lower pipes, and thus keep up the safe circulation within the pipes, in the same manner as with five upon | the grate? One Whe INQUIRER. Knows Whereof He Speaks. New Brunswick, N. J., Jan. 7, 1873, To THR EprTor oF THE HERALD:~5 I have been daily, for over twenty years, an in- terested observer of steam and its application, In superintending the construction of two large fac- tories, setting the hotlers, building the fire fur- naces, conducting the steam through pipes for heating purposes, and for all manner of uses to which steam is put in a textile fabric manufactory, Thave always been guided by the best known sci- entific principies, and always did and do now feel perfectly secnre from the calamity arising from the antics of the monster described by your Fire Marshal. In your courts of justice you find experts to tes- | tify to what is wanted to be proven on either side in cases of murder and poisoning, and these ex” perts fortify themselves behind science, and use it in all its inicalities toamystily the public. as with your Fire Marshal and his supporters in at- temptiig to uphold his most erroneous assertion as to the gencration of are heated steam in pipes several feet from a@ bo! when the fires are “wanked.” No doubt but what cere, and believes what he writes to the papers. Now if Fire Marshal Mc- Specton, occupying the responsible position that he does is taken as authority, true science is of nouse as new applied, and practical men like him may pe in the dark fo learn the cause of fires which occur unseen at the start, But in this enlightened age we inust not be contounded by the v and blunders of men anfitted by want of botif practical scientific knowledge, and there are to-day thousands of practical men laughing at the practical statement of Mespedon and the seientific statement of Mr. Wiard in its support. Steam is not gas; it is vapor generated from water, by heat applied to the vessel which containg It, at 210 degrecs Falirenhett, On a level with the sea at this temperature a pint of water will be Trees inte 1,616 jin i vapor steam—provided the ontside of there is Kept at (he sale temperature as bie boiling wa he is sin- The fires of the | | temperature So it | ter. Increase the hea‘ vapor and we increase the ratare and pres- sure of the steam and the water im the vessel to such @ point as will suit the user, While the steam is th contact with the water it ts not posaibie to superheat it by the fire under the oiler sulciently high to burn wood or to red- den iron or to decompose the steam into hy- drogen or oxygen gas, its components. Water is composed, when pure, of oxygen eight parts and hydrogen one part="; “g_9 and steam, up to 100 pounds’ pressure to the square inch, is suscept- ible of being condensed to the same thing—! © 1 8=9 ‘This is proof that steam does not act asgas, But physteal force does overcome chemical afinity at times, and by these means the two gases are sep- arated by passing the steam through a red hot tube flied with iron filings. The heated iron ab- sorbs the oxygen and the hydrogen passes off to be collected in a receiver, to be tested aud proved to be such, But in this experiment, if the steam is passed through the tube Tick. so as to reduce the temperature phyatcat force}, then the decomposition of the steam ends, Now we doubt if any person in Barnum’s place built a fire under the steam bipes to experiment with superheated steam, and if MeSpedon ts right in his “theory,” why, every factory in the United States is in danger, 48 all bank the fires at night. I deny that any danger exists from this cause, as itis an utter impossibil- ity that steam can be superheated in pipes froma boller by the heat under the botier while there is suiicient water in the bolier when the fires are banked, Tadmit that the oxygen of the water or steam will to some extent unite with the ivon of the pipe and rast-burn it; but while this is going on the action will never set anything on tire. There would be no importance attached to this theory advanced by MeSpedon wore it not that he is Fire Marshal of the city of New York; and in these days of fire storms, in which people are roasted alive, and the rest of us not knowing how s00n, anu insurance gompanies are raising the rate of insurance, such an opinion, expressed by one in MeSpedon’s responsible position, ought to he tem- pered witha little real knowledge, real practice and true pnilosophy, Science and practice must go together, the one aiding the other, and corpora- tions must not put men in responsible positions Bileap they are compeient. As I know nothing | about the location of the bollors in the place I cau- not express an opinion on the cause of the fire. JAMES SHORT, for Professor Plimpton or Some Other Expert, To Tite Eprrox ov THE HeRALD:— As Professor Plimpton is on the stand to testify on the above subject, I presumeit would be proper for me and the public to ask him aiew questions, He truthiully says:. and confine the Questions ‘gr a that as you choos steam there is ho water r 2 of the st How, then, can steam (with the surrounding air, of course, constantly condensing it) be free from Water? And if not so ireed how can it, consistent | with the above statement, be superheated steam! | Wo be superheated, must not natural steam pass through the fire that generated it, or be reheated y something hotter than ttselt (as t pr uper’ signifies), or be heated by an aunXil as was the se in the experiment with the piler” you referred to? Does not steam, in use, lose its temperature in proportion as es its pressure? And does it not lose its pressure in proportion to the distance it ts | ei from; he boiler, and becomes con- densed? And can steam be of a higher tempera- ture a distance from its source (the boiler) than the source itself? Without the reapplieation of fire, or some additional heat orher than that pro- duoed by pressure, can condensation and the Th ence” of Water be prevented in the pipes? ‘Then, “in a tube or pipe leading from a boiler and having periectiy fr mnection with it,” how can superheated sieam exist? Again, you'state that “at boiling point the pressure ts lifteen pounds to the square incl.’ Would the steam gange indl- cate any pressure at that point? tn common par- 18 not steam geherated without any pres- 0, BAKER. SAR AUCTION. n, AUCTIONEER, (1 77 Rea » « B js streets, January 10, k, at their new galleries, y | KNOWN CON- the French, Dis, Wize im Smith. rt Stuart | Resatiens, De Brackeleer, L. de Bewl, Kosenboor, vermuien, | Kuws | Verne Also 4 Clark Wedny (west), iced to take place on | day evenings, 8 wing to the inek r is tinned th choek, 1 salesrooins, sand 77 Reade st J OLD FU od andl is, Wash: 4 Cottage | Detail | AUCTION Pal zi, atl: vck. d--Five story Building and ing and Contre J. BLEECKER, SON & CO, « Trustees ral: tate of ‘At a THURSDAY, THe Hotel. er Hester—Five story bnil the southeast corner o | A 1 next the corner of 4 at duction roo! Particulars ot Messrs. ROE & MACKLIN, Attorneys, 128 Broadway. J. BLEECKER, SON & CO, AA. ‘Absolute sale it partition, by order of the Supreme iy n WEDNESEAY, January 2 ion of Philo T. Ruggles, —Three story and basem: ing Honse and Lot, on sout ieot 9 inches west of Second avenue ; lot, 1L0x%.9, First avenue.—Two Lots and a fraine Dwelling House on west side, jeet2 inches north of Fifty-c gach 25 feet 1x100. Maps and particulars at Au | 77 Cedar street, or at Paddock & Cannons, AU Nassau street, aud Minor & Jacques’, Attorneys, | bers street. ae Horse Auction Branch, 110 to 14 near Fourth a ehold » AN TASSE s will sell by auetion, this day (Priday), at 1014 o'clotk, at their salesroom, 87 Nassau streot, a large assortinent of Household Furniture, removed to the store for conven- jence of sale, consisting of a large assortment of Brussels Carpets, Stair Carpets, o walnut Bedroom and Par- r Suits, Picr aud Mantel Mirrors, Oileloths, Matts, rcoa Matting. Alwo, Office Furniture, Sitting and Standing Desks, Arn |. Chairs, Stools, Matting, Stools, Rug, &e. AY JOUNSTON, AUCTIONEER, office and’ salesroom 37 Nassau street, posite the Post office, ast Thirteenth street, ‘urnitare, L orb Dice Furniture, 5, Bedding, &c. UCTION NOTICE.—R. T, HAZELL, AUCTIONEER, THIS DAY (FRIDAY), Jay 10, at 1034 o'clock, at our salesroom, 118 Chambers street, Heavy and shelf Hardware, and pocket Cuth i's Fy HC. Mery le in lots to suit city and country trade, Also | Tinned Ware, Lge bony Sp ‘9g Planes. Screws, &¢, ¢ ru 1 sale. logues on morning of sale, wane 4:00) st iture, jauoforte, Drawing Room Suits, Paintings, &c. roperty family leaving city, on this day (Friday) at the elegant residence, 36 West Toth st., neat Sth a commenctug 1044 o'clock, superb Parlor Suits; Pompadou' Antoinette style covered art Hooke: Uabinet noforte, a ee nus velvet ruwels Carpets,’ ty Furniture: #xtension Table, si inaware, Linen, Cutlery, ages ire, SOrvalts’ OT wee AUGUST MARTINES, Auctioneer. ALE OF d of $1900) worth first el ture, WOO yaids Car ‘This (Priday) vary W, at IL o'clock, at the four story linton place (Kighth' street), between Fifth and, Sixth avenues, bo order of Joseph D. Birdelsily, sq. Parlors—Velvet, Brussels Carpets, Paint- t rr | ings, Mirrors, Curtains, patent agraffe parlor Pianoforte, cost’ $580; Marie Antoinette, Poinpadour and Turkisl Parlor Suils, covered with satin brocat ; s, Bookcases, Tables, Turkish Ch: Clocks, rosewood «od sane n ie of ‘Louis XUV. ; Muttresses, Be Lounges, Dining and Servants’ Furniture. ROTH, Auctioncer. House to let. Responsible men in attendance & cart or pack goods for purchasers, city or AN entire stock of Silverptated Urday, positively, at our E DEN $ ERPLATE COMPANY, P, ee with be removed to West Meriden, Conn., and all communteas tions should be addressed there. A Heh wou to be sold this (i ° KE F tly Works of Art’ « st Twenty-third street, snificent 74 vctave ¥, Bedst Ns, im Kookense. Dining room! le Also Basement aud Kitelen Bronzesy Chairs, Extension’ fables, Mirrors, Furniture, sale vowitive. ‘The whole on exbil | thing usualty found in a first class | ot 8) acres, i SALES AT AUCTION. RT SALE, 'UESDAY and WEDNESDAY EVENINGS, Jani land ‘at the Clinton Hall Sale Rooms, the enure co cuon of PAINTINGS WATER COLORS belongii to WALTER MANTON, E8Q., PROVIDENCE, R. I. Among the artists pe a in this fine Colleetiont are:—Diaz, Schaetels, Baron, Antigna, Dell’Acqute hey, Claude mninais, Gane AND Robbe, Epp, Cesare de Cock, ‘Trayer, Erdmunn. Corot, Jules Goupil, Girardet, Lu Hamann, Desgoife, &c., &¢. ¥ ER COLORS, netti, Muller, Beaman, Dow Midy. Coope: ; Dell Acqua, Belles by Do Midy, Cooper, R. A. Pearsoly oa ng: eet cour, Cicerl, Bella ‘tall, Horn, B. ©. Koel x ree, day and evening, at 3, S17 Francais, Ten Kate, : DOM BROADWAY. LEAVITT, Auctioneers. LEAVITT A ‘hi RTISTS’ SALE. sRY SOMERVILLE, Auctioneer, & Fitth avenue, will sell on Thursday and Friday evenings, 16th and 37! January, at his gallery, the entire collection of Oil Paintings, Water Colors and Drawings bcetg 2 to John W. Ehninger, N. A., who is about to depart for foloarn in Europe. Also, by order of excoutors of & i Mr. Henry Hardcastle, a number of valuable Works bd cizn and resident artists of celebrity, Also a num. ber of Works 1; y American artists, including the gread Painting of “Alexaudre’s Farm,” by J. H. Beard. J. Wa Ebni |. . Beard, Thomas Cele, Bastinan Johnson, Me Daiph, Chapin, W.'T. Richa Tambinet, Bispham, Brown pre: ted. other prominen CALDWELL, AUCHIONEER,—EXTRA LARG! sale second hand Hotuschotd’ Furniture: ‘supe: Tosewood Pianotorte, Kitchen Utensils, &c. This day (riday) at IL o'clock, at 79 Nassau street, near Fulton, Contents of a large house, viz. :—Elegant Parior, Chaw~ b Di ure, including Carpets, Mir. Ohairs, Bookcases, assware, Silverware, &¢. 5 wood Pianotorte, cost $500, ' Post; Rare chance for housekeopers. _j MAX BAYERSDORVER, AUCTIONKER—SELLS one o'clock, 56 Cherr et, first class Ligui Btore:ectegant Fixtures, Ale Pump, splemdid Bar a back Bar, Bottles, Glassware, Demijohos, Barrels, Kegeg also largé Stock’ fine Liquors, Wines, in barrels al Boxes: Lea: excellent business place; old stands rs Im it Tobes, > Tnagnini ely without re deali ed. Sate in lots. & Fp mon ivary Bye SALE. OF ) ENGLISH AND) FRENCH BOOKS, mostly in elegant bindings, comprising an exeeedingty | Valuable assortment of the best editions of works on the, Vine Arts, Histo ruphy, Bibliography, Poetry, the! Drama, Music. 1 History, Memolrs, Voyages ‘and Travels, sump Tiustrated Books, rave Cruik- e selection of recent editions A HITRCTURE, A tew of the more important Books may be noted, vi udubon’s Birds of America,” original subserib er'a copy, 4 vols., elephant folio, newly boune Russia, together with & vols Text. onoth es Bees shankiana, and a of the best Freneh 3 Nichols complete, 17 ‘eremonies,” 12 vol Lodge's Portraits, grt Wi 3. Ate home $ an ull calt, in six Bri Caricatures, Arty Sumptuatees,)? 4 v ». With 320 splendid: el a ere, Lat. M Ryo, 1 is tient pls with por- shal News; eee! tn 4 ngs, by G. ‘Hustrated London 1: lection roceo ture r w of; 3 Calllet et Lance lopedic ito., half merveco, with more engraved by the best artisis, &e., de, be sold at auction, atthe nion Hail Saturday evenings, January 10 cing at 744 o'clock each evening. hibition at Clinton Hall, esses, LEAVITT, Auctioneers. yacee BOGART, AL ed SATURDA at lt ovelock, att stree! anmuary 11, he auction ‘rooms, No. 1 North Willlany Household Furniture, consisting of Parior Bed- : Room and Kitehen Furniture; Carpeis, Oil- AHors, &., de, } TRAVE AUCTIONE SELL THIS plock, at 59 at Jones street, to whom, to pa Orage, Jot of Cot pores and ' Boole, fae Parlor Suits, Brussels ant theoe Cottage Chamber Sults, watout an ds, Bureaus, Washstands, Tables, Charrs,y ies, Chromos, Lithographs, larce’ Freneht Cooking and’ other Stoves, Mattressesy also two walnut Liquor Coune assorted s! ablishmnent. order of LOUIS BA’ TENBERG, Attorney for Mort, zee. HONGOOD & CO., AUCTIONEER —S, ALERROOM st Thirty-cihth str Furniture of priv iy-ninth and F Monteace sane, IM cer, otiee 375 “Bow corner De Kalb and Drug Store, clegant handsome 'Preserip: good stock Drugs a very rare ehane AVOTIONS I o'clock, n, splendid top’ Countery init Fixture: favorable lease OVER, 3H, LOTS OF HOUSEHOLD, FURNTTURE ag public auction this day, commencing at 10%; o'¢loeks at private residence 124 West 26th street; comprising 4 rosewood Fianotorte, Parlor and Bedroom Suita; Mirrors) Velvet aud Brussels’ Carpets, Lounges, Clocks, Bedding ¢ » dining room, basement anid kitchen Furniture. © HENRY ZINN, Auctioneer. | UBLIO SALE OF TWO VALUABLE FARMS, ON the Pennsylvania Railroad, near Princeton junctiong Monday, Jannary 13, at LP. M.; one of HL, ihe othe te of cultiy Hon, buildings and fences are all good; plenty of frait. This as the tering will be eaxy. Sale positt free to and from Princeton junction to t D. Market atroets, an high 9 corner Mulberry and 1. N. AWNBROKER'S SAL Htoneer, Will sell, at 50 en's and Women's der of Mra. H. D. Sm 8, Qu i street. ROKER'S SA R. FIFLD, § ral Auctioneer, salesroom 121 Bowery this day, at LI o’cloek, 500 lots Men's and Women’s Cloth ing, D =, Shawls, Remnants, UnderclothingBeddings Guitts, Blunketa, Boots, Shoes, &c, Also Coats, Pants and er. Vests, order of F. Nelson, Gran G ON SALE--BY JOHN MORTIMER, 42 Fast 50 “lots Men's and Boys! C { C y lothing, hirts and Drawers, Beds and other goods, The ted to attend, ; i iil HARD WALTERS, AUCTIO: ‘ First class Houschold Furnituss Bru * Carpets, pier Mirrors, & WIM sell this day (Friday), a large aad clezant assort ng Room and itehen Fu ie “urlor Suit, French plate pler Mirrors, inci, waluut marble top Bireaus, Washstands, Centre Tabiers black walnnt Bed steads, Cot je Suits, Chairs, lace Car- luing, Wardrobes, Etagercs, Lounges, unit" Mattressesc her Pillows, ig Chalrs, Brussels and ineraim, Offeloths, Croc’ Stoves, ac. Sale positive M. L. Goldma: rigayee. Carp By ordee oul black w: kery Ware erything useful for housekeeping, No por pn account of the weathor. GION HERMAN, 4 Win ee | UCTIONEER, : is Liquors, Cigars, &c. This day, Friday, Sauuary 10, at il o'clock, 13 Bowery the entire Stock ot nd Liquors trom a dealer, vts., of casks and cases Brandiea, casks Rud eases ih} and Scotch Whiskey ; 45 casks fae Port and Sherry Wine: iunported in eighth and quarter casks; also 8 bbls. choic Bourbon and Rye Whiskey, various brands and ages; als a lunge lot Wines and Liquors in cases, ( 4c, Sale positive; avery lot warranted: of 48 cases Leat Tobacco, lot Cigars, &c ILLIAM ABBOTT, AUCTIONEER.—BY VIRTUE OF. achattel mortedge T will sell on this day, at I the Contents of the Barber Shop at 3) Fourt Barbers Chait, seven. Alierors, LIAM ABHOTY, Je., office @ New Bowel igars, iron ‘toves, de. orney (or Mortgages FURNITURE, “MAGNIFICENT DRAWING RooM sutt, vomPad dow bey a oes syle, ered silk | 4 0 © ce $40, $20: do., anoforte, Pi rm ie oN EE A leaving city. 06 West 15th st., nonr Stl —WEEKL the Furniture, € PERT D MONTHLY PAYMENTS ‘arpets and ling, at BM. HWAIT £ 00.3, 18 Chatham "street An iin- mense stock and low priges. Parlor aud Chainber Suiig in great variety. Bargals for cash. MAGNIFICENT (LATEST STYLE) PARLOR SUITE 1rd eaea gts tnd Base Chewoner Hales ga ups Paawod eatel and rej dnd $35: Chaiaber su na forte, Palntiinss Turkish Chairs: tonnes’ 200 ‘One pets, less than Half cost, Residence Lg West hear Sixth avenue, 5 “A CHANGE SELDOM MET With FOR ig lor Suits, $45; Rep Suits. $35; Bedrooin Sui Soins Conte pei yer Private ros 6th ani 7th ave. berwi LARGE ASSORTMENT OF CARPETS, PURNT, nue, corne| DEALY & OUNNINGHLAM, AL tite ana Beaain Bb jowest cash priegs or woek M ONTHLY OK W r\ 286 and 236 Third avenue, near Twenty-eight street. fa the eit instalments, at O'F AI 5 Warehouse, Eighth avog KL PAYMENTS—CAnPETS] Furniture, Bodding, &e. Prices lower than any other house —— | TEST.—MRS. VANSIO®, BUSINESS AND MEDI AA. eal Chaievoyan: ritualist, telis nai » of mars ri rings together long separated ; no satisfac~ tio, no pay. dl Secu anue, corner Fhirty-tonr te + a FORTUNE FOR ALL WHO CONSULP [| 44. WELLINGTON; reclaims drunken or a if husbands; tells of theft, business, good luck ¢ rm numbers, 41 Eust Twenty oighth st pear Fou “A OLAIRVO' 5 WHO 1 0 EQUA, I Leverton: ait rick orig trouble cones ar oa Caerect information & Free oF OE RON SE Weat, twonry-On sureut, butweem Reventh and Pishth aveaves 0 OW THY DESTE ‘Loo se ‘ovty first street, near Br GREAT NATUBAL CL from the ar Hodson, Fi 4 THE ONLY REAL ASTROT. 44 ov ort wanted, 949 BRoada ices grave, 472 Ca ROFESSOR LIS ower im ie GLY way. en ial 4