The New York Herald Newspaper, January 14, 1873, Page 8

THE COURTS. a THE TWEED INDICTMENT AND TRIAL. Beviow of the New Court House Ring Frauds--- The Duties and Responsibility of the Board of Audit---The Boss Run- ning the Whole Machine. THE JUMEL ESTATE CASE. The Entry in the “King Henry’ Book Admitted in Evidence—Hr. 0’Conor’s Opening for the Defence—His- tory of Madame Jumel. WOODHULL, CLAFLIN AND BLOOD. Tennie 0. Surrenders for Examination—Holy Writ, Smollett and Shakspeare Lavishly Quoted—Motion to Examine the Witnesses in Their Own Behalf Denied. A REAL ESTATE TRANSACTION. eS Danger of Relying on a Notice of Sale— Motion to Abate Purchase Money— A Now Sale Ordered, ANOTHER MANDAMUS AFPLIED FOR. oe Claim for Salary by a Court Official—The Comptroller Will Not Pay Appli- canta—Counsel in a Quandary. a ADAMS EXPRESS COMPANY IN COURT. EE eS egal Battledore and Shuttlecock—A Thrice- Tried Case—Judgments and Reversals, co Ee EUSINESS IN THE OTHER COURTS. The Tweed case was fairly opened in the Court of Oyer and Terminer before Judge Davis yesterday, Mr. Peckham addressed the jury, reviewing all the charges of corruption and misconduct in oMice upon which the prosecution relies for a conviction. The examination of Garvey & Co. will commence this morning. Evoking peremptory mandamuses against the Comptroller still comprises a part of the pro- gtamme of the Supreme Court, Chambers. The last @pplication in the listis for payment of salary as ap oMcer of the Court of Common Pleas. Owing to the conflicting character of the counter statements ofeounsel Judge Barrett offered to grant an alternal ‘tive mandamus; but this was not acceptable to the applicant’s counsel, and he took till this morning t consider upon it, A matter embodying some points of special inter- ‘est to purchasers of real estate in thia city came up yesterday before Judge Barrett, holding Su- preme Court, Chambers. The main point, as will ‘be ween by the report given in our legal columns, 4g the liability of a purchaser who makes his pur- NEW YORK HERALD, TUESDAY, JANUARY 14, 1873—TRIPLE SHEMT. unable to consult with his associates. It was of such a nature and of so great importance that there might are a serious question whether they would, under the present circumstances, a‘ tins stage go on with the case. He, therefore, asked the Court to grant a recess for an. hour to consult, It was granted, and, im the interim, before resu ing the case, a variety of rumors were started as to the cause of this somewhat unexpected motion. Finally specuiation took correct shape in the story that the eleventh juror, Mr, Harry Williams, had been @ member of the Americus Ciub in its halcyon days, when Mr, Tweed presided over its destinies and dis- ensed its hospitality with Oriental magnificence. fhat this fact in the history of Mr, Williams failed to invalidate his functions as a juror was made evident when the prosecuting counsel returned to Conrt, and Mr. Peckham, without the slightest al- Juston to the cause of the Tecess, 6 rted off m his opening address to the jury. Mr. Peckham spoke for over two hours, His speech was @ good deal ‘similar to that made on the same side in the case of Mayor Hall, and its matter and delivery were marked by nothing the audience was likely to recollect as either original or impressive. The Court adjourned after Mr. Peckham’s address, The Proceedings Proper—A Slight Inter- ruption, Immeanately after the opening of the Court yes- terday to resume proceedings in the Tweed case District Attorney Phelps, addressing the Court, said that he had received @ communication in con- nection with the case then pending of a nature which required that he should briefly consult with other counsel for the prosecution, Upon 1ts con- sideration might turn the question whether at this time they should continue the case or not. He con- cluded by asking for an hour’s recess, Judge Davis at once granted the request. ‘The interruption excited a good deal of specula- tion as to the cause and what might come of it, but on the reassembling of the Court no allusion what- ever was made as to the previous action of the Dis- trict Attorney, and the OPENING OF THE CASE FOR THE PROSECUTION Was at once proceeded with. Mr. Peckham, of counsel for the prosecution, pro- ceeded to open the case, He reminded the jury that three days had been spent in precuring them, and that they were here to investigate the trnth of charges as interesting to the public, perhaps, as any that had been tried, They had neard more or less in the past few days of the character of the issue before them, but not a full and complete statement, and it was therefore proper that he should state it fully, They understood that the wrongdoing was towards the people of the city and county of New York, two divisions which territorially were identical. Prior to 1857 the city and county were substantially identical, thongh there was a Board of Supervis- ora. The charter of 1857 established two independent governments in the county of New York, making the Board of Supervisors elective and independent, This was the Bourd of Su visors which they would hear so much of, D: to 1861 or 1862 there was but one tax le’ Th after there was a city tax levy and a county ti levy and an increase of taxation, Thus the taxes rose from under TEN MILLIONS IN 1860 sO SOME TWENTY MILLIONS IN 1870, This was bestdes the amounts raised for special purposes by special tunds, Towards the end of this period there arose a grave uncasiness in the public mind as to the way these sums were ex- parted) and this took form in the so-called Young Jemocracy, Who opposed the charter adopted in 1870, The defendaut had long been a Supervisor, and was 1n 1870 a State Senator, 1t was important to remember this only in view of the fact that money was used to pass this charter, that this money was sent by parties from this city and after- wards was certified to be a claim against this city, ‘Then was known the quartet of TWEED, HALL, CONNOLLY AND SWEENY. With the passage of the charter an act was passed abolishing the Board of Supervisors after July 1, 1873, There could not then, he said, be any except trifing claims which could not have been properly auaited by the Board of Supervisors, and they had no duties practically but the auditing of these claims. But the Board of Supervisors was too large for the purposes of a division. There would be too many fingersin the pie. Soon the 26th of April, 187i, in the tax levy was passed a section providing that tliese claims the Supervisors ought to have passed on should be audited by the three persons, the Mayor, the Comptroller and the then Commissioner of Pubiic Works, So the quasi judicial power was stripped from the Supervisors and given to these men, On the 6th ot May these three met and adopted a resolution that the county Auditor col- lect from the appropriate committees the bills against the county, the evidence of them to be the authorization of the committees by their Presi- dent or Clerk, the bills to be submitted to them for their action. It would be a duty of the jury, to some extent, to determine what, under this act, were the dutics of these men, He claimed that the word “audit” meant to examine, and cited authority in proof that this had always been the chase trasting to the correctness of the statements set forth in the published notice of sale. ‘The old suit of Asa F. Cochran against the Adams Express Company has been just retried in the Supreme Court, before Judge Van Brunt, with a verdict for the plqintiff for the full amount claimed. ‘This is the third time this case has been tried, and twice it has gone to the Court of Application. A ‘brief history of the litigation, which will be found Anteresting, is given elsewhere. ‘The hearing of whe case of George Washington Bowen vs. Nelson Chase was resumed yesterday, tn the United States Circuit Court, before Judge Shipman and the special jury. The plaintiffs case thas closed. Mr. Charles 0’Conor made the opening statement on behalf of the defendant, and had not concluded when the Court adjourned until this ‘The case of Woodhull, Claflin and Blood, who are charged with sending obscene publications through the maiis, was resumed yesterday before Commis- sioner Davenport. Tennte C. Claflin appeared and surrendered herself to justice, as she had not been arrested with the other parties named in the com- pilaint. The Commissioner decided to adhere to his ruling probibiting the deiendants from testifying in theirown behalf, though a decision of Judge Biatehford was read to him sanctioning an oppo- ite practice. After counsel had submitted their views respecting the alleged obscenity of the mat- ter in question there wasan adjournment of the ease til) to-day. TWEED'S ‘TRIAL. A Biteh the Opening Proceedings— The Little Difficulty Got Over—Mr. Peckham’s Opening Address to the Jury—A Review of the Court House Ring Frauds—Examination of Wit- messes to Commence This Morning. A full attendance of the public marked the regu- Jar opening of the Tweed trial yesterday in the Court of Oyer and Terminer, but there was no such scramble for admission as characterized the Stokes ‘and MacFarland trials, In fact, there was only a qualified degree of interest felt in the proceedings, ‘The audience was of average respectability. Few of those present postponed any important busi- mess in order to be present as mere spectators. ‘The entrance to the court room was thrown wide ‘open,and the reporters of the press, to their rare experience when cases of any magnitude are on | hand, and to their inexpressible joy, found that going in and out was as easy as rolling off a log. MR, TWRED AND HIS COUNSEL appeared promptly on time and took their places | at the lowerend of a long table to the left hand side of the bench. It was universally remarked that the ensemble of the jury was much more im- Pressive than that of any jury which has been got Together of late years in the causes célébre of the Court of Oyerand Terminer. The twelve men defendant are not alone intelligent looking, but they have none of the external marks of the genus politician.or the City Hall frequenter. They are, in trath, a highly choice appearing jury—sensible, | clean-shaved, clean-apparelied married men, in the prime of iife; calm and serious looking, and belonging to what might ve calied a middle class element of the community. THE DEVENDANT IX covrr, Mr. Tweed wore a white neckciotu, emblematic of purity gnd innocence. He was a serene ag any map could possibly appear ander the circum. stances, and took his lunch during the recess wity | lions was audited by this body and draw | we pelected to pass upon the guilt or innocence of the | fr. step could not be taken, and this 1s the man meaning of the word, ‘That duty and examination were imposed on them bylaw. They were made the trustees ef the taxpayers to see that the money taken from thein was justly due. Look at the way in which they performed. This resolution had already been called in the civil suit a reaolu- tion not to do their duty. They were required to find what was due from the city, and they direct the County Auditor to do their duty and tell them what sums shail be drawn. Alter they had adopted this resolution certain bills came be- fore some of there parties. Some of them were pe by warrants on the 6th of May, so they must ave come up before that day. Some of these bills were two or three pages long. These bills were to be certified by the President or clerk, and they would remember that Mr. Tweed was President of the Board of Supervisors. Any fair and honest in- terpretation of the resolution would be that it was to apply to bills that had already been before the Board of PO al or its proper committce. But 160 out of the 190 bills passed by the auditors had never been before the Board of Supervisors. ‘They were made up on the spot, Mr. Tweed vised them by writing his name across their face, and they were passed without examination, He quoted from the opinion of the Court in the civil suits to show that their failure to periorm their duty made them responsible for the acts of their subordinates, What he specially called their atten- tion to was that to these bills, which had never been BEFORE THE BOARD OF SUPERVISORS, and which this defendant knew had never been be- fove it were thus certified, The first three of the vouchers Which they had had this form on them:— “We certify the within bill to be correct. Wm, M. Tweed, President. E. A. Woodward, Clerk.” But it was only these three. The rest were on the mere ipse dixit of Mr. Tweed; but they got even more careless, till, in August, the last of the vouchers they haa, there was not even that guard, but they gobbied all up. Mr. Peckham called attention to the fact that, with one exception, the bills were certified by himself to himself as Auditor as having been before the Board of Supervisors, These bills came in some way to the hands of the County Auditor. He then added to the bills the interest. He here showed one of the bills and the blanks attached. These blanks were attached to the bill by the County Auditor. One of these was the certificate of the three members of the Board of Audit that they had certified the bill and aliowed it at the amount named. But going back, when the County Auditor received the bill he stamped it with a stamp ‘City of New York, Department of Finance, examined by me and found correct.” Had this come from the Board of Supervisors it would simply have been a certificate of the corik Auditor, not Was correct, but that ithad been duly Board o1 Supervisors and presented to him in proper form, It would not then have been an audit of the bill, He claimed it was the duty of the Board of Audit to meet and to examine together the bills, and if they did not do 80 at the proper time, then, aside from any question of corrupt action, they were guilty of neglect. This went on til August, and during that time they certifled away $6,312,000 ofthe -itizens’ money. Over six millions were,drawn trom the city and county of New York upon these warrants, We will show that this sum of money was drawn from the public treasury; every dollar of it was drawn on bis signature, and he is respon- sible for the whole fraud by putting his ipse dicit to the original paper, which induced the others also to sign their names, h sum were in a few hands only—Ingersoll, Garvey, Keyser and Woodward. This ean of over s1X rail: from the treasury within three and @ half months, Tweed drew $900,000 on his own account, besides $284,000 deposited by the New York Printing Company. On the same day Tweed deposited their “check for $104,000, so that have the fact that the man who certi- fled these bills, and without whose signature the that counsel complains is called the “boss thiet of the worid.”’ 1 don’t wonder at the title being con- ferred. This is bad, but worse remains behind, that there shall be a certain allowance him from these amounts, Besides bills t} vey renders for between three handred t) and four hundred thousand dollars, Garvey ren- ders bills for warrants drawn in his name for which there was not the stightest particle of foun- dation whatever—nothing done for the city or county as a basis tor these warrants, These war- rants were deposited and a lion's portion of the proceeds went into Tweed's hands. Garvey is sub- sequently ¢ailed and asked how much it would a6 undiminished appetite as if the old regime were | atill the fashion, and the glory of the Americus | Club had suffered no shadow of an eclipse. int | there was no bravado nor defiance. He evidently | appreciated the gravity of his position without ex. | hibiting any tremor of anxiety as to the final re- | sult of the triak } AN AMERICUS CLUR ZUKOR. The opening of the proceedings was a bit of a surprise to everybody, The District Atworney (Mr. Phelps) rose and said that a communication had Deen received by him oO late that he had been ~~ ~ tuke to square him, He tells them his demand, and he will tell you when he is put on the stavd. He will tell you what he did doand what he agreed to do. Then the large sum OF $50,000 is required aud drawn by Tweed to take with him to Albany to operate with in the Legislature. Counsel for defendant called the attention of the Court “to an act of indecorum perpetrated by some one of the spectators near him, and who had Whistled at tie announcement made by Mr. Peck- ha ir. feckham—Whistied, did he? Stop his w! The Court inst one found interr Mr Peck lw rneted the oMcers to arrest any “pting the proceedings. Q bhou proceeded to review Garvey’s that the bill | passed by the | | them, All the claims for this large | The defendant is not satisfled with wnat he makes | in this way; he yearns tor a portion of the paitry share that goes to the conspirators; he requires iven to account of the work done by him outside of the Court House, the work done on Tweed’s house at Connecticut, to Woodward's house in Connecticut, and to Roach’s house in this city, all of which was stated on a previous trial connected with the case. In concluding counsel said that the defendant WAS CHARGED WITH MISCONDUCT IN OFFICE, leaving aside the charge of corruption, and the only punishment provided by the law tor this otfenee was brief imprisonment and a small ine. ‘fo be sure there 18 @ statute of the State called the “Mock Auction law” for the same crime or the same character of crime. ‘The reason that no higher punishment hag been provided for this offence is explained in this way :—in those earlier times when the people were not familiar with the commission of enormous frauds, and when they did not dream of such things as that a public odicer—a nan chosen by his constituents to take charge o! and protect their interests—that a rman elected to a high and honorable position, could «tescend so low as to become a common thief, We had not arrived at this state of afuirs then, but with the cycles of time crime goes on advancing, and the punishment therefor falls short of the otfender’s transgression, And, therefore, the law falls short in-providing an adequate punishment. And about tie only consolation that exists in this case is that up to this time it had not occurred to the American people that the crime of a public ofMicer could possibly reach the magnitude and proportions attained by this defendant; and the defendant, in cousequence of this, is simply in- dicted fora misdemeanor, The indictment is for two separate things, as it were, I will explain to you what these counts are. They present in diferent hghts the sivgle charge of miszouduct in office, aside from any charge of corruption, The charge is thathe neglected to perform the duties imposed upon him by the Statute, The statute provides that whenever any duty 18 imposea upon a public officer and he neglects to perform it - he = shail be guilty ofa misdemeanor, For this offence the statute inflicts oo the offender a fine of $260 or $1, and that he shail be We aad aed one year or one hour, at the discretion of the Court, so that really all that we have to try now independently of the nature of the oifence, 80 lar as the statute provides for tt, 1s a fine of $250 or $1, or imprisonment from one hour up to one year, The other matter which 1 will call your attention to carries a punishment with it by charging him with so abusing his posi- tion as a public officer as to the result and interest of the community by defrauding them in that posi- tion, That is corruption, That he could not do this without knowing it, and that there must have been corrupt intention in the act. The fact for you to try is, Did he neglect to audit these bills as his duty required him? Gentlemen, you cannot try this question with regard to tue Proportion of punishinent provided by the statute, Weare not here to try any petty ques- tion; petty with regard to the consequences; petty with regard to the nomenclature of the crime, Itis not @ case that calls for the inter- ference of the Attorney General aud in which other counsel beside himself was calied, or where by the action of the defendant himself a string of counse! is retained that almost occupies the whole of the bar. Nor are we here simply for the purpose of determining whether this small fine should be imposed or he be kept in jail for the full term allowed by law. it assumes far greater proportions than that, Why is this trial brought into this high Court? Why all this long array of counsel to de- Jend the accused? Why, because this trial is one which attracts the atteution of the entire commun- ity, involving more interests than any issue yet tried here, It is a question of the permanency, it is a question of the safety, and, I would alinost say, a question of the existence of the institutions under which the community is now organized, and under which we now live. If it be true that we had no power and no means to bring to punishment one who violates public trust and robs the treasury, if evidence to satisfy a jury cunnot be brought to convict a mun of tnat kind because the amount he has stolen is enormous, and that he has hosts of friends from the position he held, I say that sy, issue that could be presented to you would be trifling to that Which you have now to try. We do not ask for a conviction as a conviction. Above all things I say, for myself and associate counsel, nothing could give us greater pleasure than that the defendant should be acquitted if we failed in sustaining the case against hun, If it should turn out that these state- ments can be met, can be contradicted and ¢x- plained away, none woud be prouder than we and no community could be better satistied than that in which we live if this should be the result, But if it should turn out, if by any reason watever, by friendship or memories ef the past, or by any improper or untortunately wrong means, that evidence which rightly and truly should call from you a conviction m the case, tuat then you dare to say that a man shall not receive punishment, slight though it be, for crime, 1 tell you that never couid a biow be dealt more ter- ribly toa community, und never can any question be presented to a jury, more momentous to them- selves and the community, than is here pre- sented to you. We ask you only to ect us your duty and conscience dictate, well knowing that you will act earnestly and faithfully on the evidence belore you, and if that evidence satisfies you, as honest men, that the defendant is guilty oi the charges preferred again: im, that you will say so, ‘The Court then adjourned till this morning, THE JUMEL ESTATE CASE. outa oS ER The Suit of Bowen vas. Chase—The Entry in the King Henry Book Admitted in Evidence=Che Plaintiff's Case Closcd— Opening Statement of Mr. Charlos O’Conor for the Defendant—History of the Jumel Family. The further hearing of the case of George Wash- ington Bowen vs. Nelson Chase was resumed yes- terday in the United States Circuit Court, before Judge Shipman and the special jury. Our last report contained a statement that the plaintiff had offered in evidence an entry ina book, designated in the previous trial of the case as ‘the King Henry Book,” to the effect that George Wash- ington Bowen was born of Betsy Bowen, in the house of Major Reuben Ballou, in Providence, R. L., on the 9th of October, 1794, and that this entry was in the handwriting of Major Ballou, ‘This offer was objected to by the defendant. When Judge Shipman took his place upon the bench yesterday he stated that he would receive the entry in the book in question in evidence, After some formal proof had been put in the plaintuf 's case Closed. Shortly after one o'clock a recess was taken, and it was then stated that at the close of the recess Mr. Charles O’Conor would state the case to the jury on behalf of the defend- ant, Mr. Neison Chase, Mit. O'CONOR’S OPENING STATEMENT YOR THE DE- FENDANT, At two o’clock Mr. Charles O’Conor commenced his address to the jury on opening the defendant's case. He said he had supposed that a great variety of detail as to the evidence of witnesses, and mat- ters touching the impeachment of those witnesse: would have to be dealt with; but he coniessed that he felt surprised that the plaintif’s case had rested where it did, He was somewhat disappointed that the chief manager of the case for the plaintiff had not been produced—he alluded to Aun Eliza Van- dervort, To ask wie sey to tind a verdict for the Ruerrsoniearikey producing that witness seemed to him somewhat strange. They had hada special and very unusual opening of this case irom the counsel for the plaintif’, and they had been listen- ing to bits and ee ofevidence very much un- connected, They had been there a month, and doubtless the jury knew very little of the case ex- cept that George Washington Bowen claimed to be the illegitimate son of Madame Jumel. Very in- jurious statements had been made, and he would now give a plain detail of facts In reierence to the the family whose history had been dissected before MR. STEPHEN JUMEL WAS A FRENCHMAN BY BIRTH, @ merchant engaged in San Domingo, aud had business relations with this country before the overthrow of the French power in that island. He was a shipping merchant, and followed that busl- ness in New York until 1810 or 1811. He had then accumulated a handsome fortune. He was born about 17 He i. made a fortune of $200,000 or $300,000, retired, and | Ape property at Fort Washington, and tis jatest puchase Was thirty-nine acres and the man- sion at Fort Washington, From the year 1810 Mr, Jumel was a retired person, and on 22d May, 1832, he died, leaving Madame Jumel in possession of this property, He (Mr. O’Conor) never heard any- thing respecting Mr. Jumel that reflected on his character as & man of honor und a gentleman, Mr. Jumel was married to Eliza B, Jumel in 1804, and alter that time his name appeared in the d as living in Whitehall street, and near Pearl street, was his store. From the time that he appears in Whitehall street he lives there steadily with lis wile, she keeping her carriage, and in (810 they went to live at Fort Washington, Whitehall street at that time Was one of the most respectable streets in New York. A witness was produced to show that there Was @ Woinan living in 1800 in that street of whom strange things had been said. This witness was Mr. Fountain; but he was mistaken as to the length of time Mr. Jumel lived there. He (Mr. Y'Conor) did not believe that the jury would credit the story of Mrs. Jumel ail that time living im- properiy with Mr. Jumel, Ali that Mr. Chase knew of Madame previously to her death Was this—that she came from Providence, a place FAMOUS FOR THE BEAUTY OF ITS Women, Her father was John Bowen, a seaman; but there Was reason to suppose he was a lorcigner, and probably he came from England. He’ was lost at sea. Her mother was Phoebe Bowen, whose maiden name was Kelly. They knew the fact that she Nad @ sister who was always with her, and who died fliteen years sooner than Madame, leaving four childre! Her origin Was poor and obscure, and they never knew that sie ever lad had any communication with any other family. She was always in possession of her marriage certificate, and no one ever doubted that she was the wile of Mr. Jumel, with whom vhe hved iu the lower part of the city; in 1510 they went up to Fort Washington, and, in 1815, alter the war, they went to Fran Mr. duwel remaining abvoad until 1828, Mra. Jumel remained six years vad and hey husband about twelve years, wien he came back, and some time alter he died. In 18g2 Madame married tory that, in AARON BURR, but she Obtained a divorce fxou pin ou the ground i of his infide'ity, While in France she chose the name of Burr rather than that of Jumel, which was a common French name, She contracted her mar- riage ceremony in the name of Eliza Brown. Bhe had bad a brother; but he died early, He would show them by and by how there came to be usedin her regard the name of Betsy or Poll Bowen. He would next speak of Mary Jumel At the earliest time any one could recollect there was in the house of the Jumels a young woman named Mary Jumel, born in 1800, She was called by Madame ‘My niece,” “My adopted daughter.’? That young lady was educated; about 181) she was taken to France, and returned quite accomplish When she was about twenty years of age. jadame exhibited for her the tenderness of a mother. She was left some time in France with M. Jumel, but returned, and, with Madame, was travelling in the country in reference to some property. She met Mr. Chase, married him, and they returned to the mansion. She lived with her husband to May, 1843, when she died, She leit one Sagghiter, born in 1834, and one boy, born in 1840, Mme. Jumel undertook the care and education of these two oung persons, and sometimes spoke of them as her giandchildren, treated them as children, and in 1851 Madame took the young lady to France for her improvement. In 1853 Madame took both the children to France, leaving Mr, Chase in charge of the property, Madame was looking for an old correspondent of her husband’s, named pera bat though she found a person of that name be did not to e the was Nevertheless, a marriage. was negotiated by Madame between Mr. Paul J. Perry, son of Mr. Johu Edward Perry, and Miss Chase, the arrangement being that at her death she would leave the young lady and her brother the whole of her property. Madame made several wills, and they had from various quarters evidence of her testamentary intention, In 1846 she made a will, dividing her property between MISS ‘CHASE AND HER BROTHER, WILLIAM CHASE, leaving some small legacies to Mr. Chase and to charity. Later, in 1851, when on the merge of gol to France, she called upon Mr. William Ingles, an with his assistance she drew another will. Her sister was then dead, but to her chikiren and to the children of those children she left something and something to charity also. She also showed by the will that she was true to the chil- dren of her adopted daughter. Of course, the name of George W. Bowen never appeared in any of those wills, This being #0, it was a strange thing for any outsider to make a claim to this prop- erty, which had always remained in the family of r. and Mrs. Jumel, Aiter Madame’s return from France the last time they found that her mind was ina new condition. In the mansion there 18 a splendid picture of Madame, with her adopted children by her side, It was not known that Madame had ever withdrawn her affection from Eliza, and there was the family living in possession of the property of Mr, Jowel, Madame got the impression that the young woman wanted to get rid of her, and William, whom she had 80 much petted, had to fly trom the house, 1t was true ahe might have said some hard things of Eliza and even of Mr. Chase, though he could not say #0 pos- itively; Mr, Chase, however, remained with her always, with the exception of a short spell. Madame atthat time had DESTROYED THE WILL DRAWN BY JUDGE INGLIS, and the Rey. Jolin Howard Smith, of the English Church, to which she was attacned, consulted a lawyer, and about 1863 a will was drawn. ‘The will wus in a great degree kept a secret, but after her death it was produced and found to be to this effect:—She gave a sinall, moderate sum to Miss Eliza Chase, nothing to William, and only $500 an- nuity vo Mr. Chase; she took no notice of William; She gave a great deal to the king of that country to which she supposed she was going; site lett a great deal to religion and to charity. ‘That will was looked upon as monstrously crucl, and without charging that there was any absolute undue influ- ence on the part of Mr, Sinith, Mr, Cnase, being an attorney-at-law, thought that the will should not stand, There could be no doubt that at this time Madame Jumel was MORALLY INSANE, Mr, O'Conor then gave a history of the will case and the various settiements that had been etYected under it. Man proposed, but God disposed, They had thought that there was an end of all this trou- bie; but not so, Mr. O’Conor then went on to say that a banditti of jiars and suborners of witnesses had attempted to steal away this property from its rightful owners. At half-past three o'clock, before the learned gentleman had concluded his able and lucid statement, the Court adjourned till eleven o'clock this morning. WCODHULL, CLAFLIN AND BLOOD. The Obscene Literature Case—Tennie C. Ciafiin Surrenders to Justice—Argu- ment on Behalf of the Defendants— Holy Writ, Smollett and the Bard of Avon Quoica in Defence—Commissioner Davenport Refuses To Be Governed by Judge Blatchford’s Decision, and Ex- cludes the Defendants from Testitying for Themselves—Vhe Case ‘i'o Be Con- tinued To-Day. Mrs. Victoria C, Woodhull and Colene} Blood were again brought before Commissioner Davenport yes- terday. Mrs. Woodhull looked paler and more anxious than on the previous days, ‘The case was heard in the Grand Jury room, which was crowded to excess, Mrs, Woodhull occupied a seat beside her counsel, Messrs. Liowe, Hummel and Jordan, A rumor that Tennie C. Claflin was about to surren- der herself attracted a large crowd of spectators, Assistant District Attorney Purdy appeared for the prosecution. Mr. Hummel appeared in Court loaded down with volumes of Smollett, and other authors who are generally supposed to have formed @ school of light literature. Shortly after Commissioner Davenport took his seat there was @ slight buzz near the door. The crowd opened and Tennie C, Claflin, accompanicd by two deputy marshals, entered the court room, She at once walked up to her sister, shook her warmly by the hand, bowed to the Commissioner and reporters, and took her seat beside her sister, phe was dressed exactly like Mrs. Woodhull, in a blue jacket, with velvet facings, blue scarf and jaunty hat. She did not seem to be in the slightest. concerned at her position. Mr. Jourdan, counsel jor the prisoner, again read the decision of Judge Blatchiord in the case of Francois Farez, vol. 7, p. 146, which lays down that a prisoner can be examined in his or her own be- halt before a United States magistrate. He then formally moved that his client be examined in her own behalf, [have heard this morning that every Commissioner in New York abides by that decision, Commissioner Davenport—Except myself, Mr. Purdy replied at great length, The Commissioner, aiter hearing Mr. Jourdan again, saw no reason to do anything but deny the motion, with all due respect to Judge Blatehford. Mr. Howe then stated that Miss Clatlin had vol- untarily come into Court and surrendered herself, hearing that a warrant hed been issued tor her arrest, and that both sisters were most anxious for trial. Mr. Howe would assume that Miss Claflin heard all the testimony taken the last day, Mr, Jourdan—sne is here nunc pro tune, Mr. Howe—And a very good nunc pro tune she is. (Laughter.) Mr. Howe contended that there was no evi- dence to show that either of the sisters or Colonel Blood had mailed the matter in question or that this complaint was not bred in ignorance and fostered in miualignity, He said that his clients were women of powerful intellect, and asked ont; what tie constitution founded—namely, liberty of the press—that which no male prostitute like Comstock could take away from them. Not one maker of that act of Con- ress framed the law with the intention of aliow- fis. not @ jury, not the Commisstoner, but that man Comstock, @ judge of what wag obscene. Mr. Howe concluded by asking the District Attorney what portion of Woodhull & Clajflin’s Weekly they intended to prove was obscene. Here Mr. Comstock asked the Commissioner to take down Mr. Howe’s words, Assistant District Attorney—The Challis article. Mr, Howe then proceedec’ to read the article in question, as Mr. Purdy claimed that the whole ar- ticle was obscene. Assistant District Attorney—We make no ques- tion as to the truth of the article. During the reading of the article Mr. Howe juoted the nineteenth chapter of Genesis, and said at nO pharisee would think of ecaune aman for sending the Holy Scriptures through the mail. Counsel went over every word of the article and contended that not ene particle of it was obscene. He said that such language coming from any one outside Woodhull & Clafin—coming trom Henr: Ward Beecher himself—would not be pronounce: obscene, but looked up to as coming (rom it authority. Mr. Howe then read extracts Deuteronomy. He hoped that Comstock w: to be ie et of the obscenity of the Holy Scrip- tures, Mr. Howe read lengthy extracts from Shak- speure, Smojlett and Richardson, He concluded by stating that Comstock stood on dangerous ground, that he was attacking the lib- erty of the press, and that this was a time in which an invasion of this character would not be toler- ated on the hy bal of free speech and free thought. ‘The further hearing was adjourned until to-day, when Mr, Jourdan will submit his views upon the case. turn out looking for, not THE LONG AND SHORT OF 1? cemaggpepnneeiaetint A Little Real Estate Transaction=—Effect of Relying on a Notice of SalcmA New Sale Ordered. Not Jong since Mr. Patrick H. Fay bought at auc- tion sale the premises now known as 66 Front street, It was knocked down to him as the highest bidder, at $17,100, and in accordance with the usual custom he paid down ten per cent of the purchase money and the auctioneer’s fees, The sale, it should be stated, was by a referee, pursuant to an order of the Court upon a foreciosure pro- ceeding, the party holding the mortgage which was for $8,000, being the Hanover Life In- surance Company. The case came beiore Judge Barrett, at Supreme Court Chambers, yesterday upon two Cross motions, one t compel the pur- chaser to complete his purchase and the other for an abatement of the purenase money. In opposi- tion to the first motion it was stated that Mr. Fay made hia bid relying upon the correctness of the description given of the premises in the notice of e Bale, 5 “In what respect was the description incorrect?” asked the Judge. “It gave the depth of the lot ninety-two feet slx inches,” answered Mr. Fay’s counsel; ‘whereas, 48 since discovered by careiul survey, the depth 1s only eighty-five fect six inches.” “Quite a difference,” remarked the Judge, “and jon this, I suppose, is based the motion for au patement of the purchase?” posr tainly, and very justifiable ground we think “But this is not the whole story,” claimed the Opposing counsel. “The resurvey showed a front breadth of two and a haif inches greater than that given in the description embodied in the notice of sale. We insist that what Is sauce for the goose is sauce for the gander.” The latter lawyer, in the continuation of his re- Marks traced back the title to the lot to the time when this portion of the city was below high water Mark and filled in, and the lots thus made sold by the city, the deeds being iven by the city to the original purchasers, In early deeds it was described as “the moicty of water lot No. 10.” He traced the changes in ownership till it finally A al it into the possession of Thomas Durham, who ept there ior many years @cvoper shop, aud on his death gave it to his two sons, who pursued the paternal vocation there for years, till one died, and the remaining son, being in need of funds, m mane fe In- the mcnieene for $8,000 with the Hanover surance Company, There was bo denial of that statement, but it was insisted in opposition that they were irrelevant and thac it was the duty of the purehaser to have fully acquainted himself with the dimensions of the Jot before purchasing. Judge Barrett said that this would be wholly impractica- ble, as in such @ case all who wished to purchase real estate in the city would have to go to the pre- liminary expense of surveys. Botn parties wanted the matter sent back to the referee, but subse- quently, upon the SP ESAT of counsel represent- ing the equity of redemption, it was decided to have @ new sale of the premises and Mr. Fay to be in- demnitied for his advances and outlays out of the Proceeds of the next sale. MORE MANDAMUSING. TS Be Claim for Services as a Court Officer—A Matter that is a Little Mixed. Applying for peremptory mandamuses against the Comptroller has become part and parcel of the established routine of Supreme Court Chambers. Last in the list of applications coming under this head was one made yesterday before Judge Bar- rett. The application (the same being made by Samuel G. Courtney) was on behalf of Morris Mona” han, to obtain payment of salary for alleged ser- vices as messenger of the Court of Common Pleas. The petition sets forth that he was appointed a Messenger in July, 1871, and that on the ist of September following he got a writ- ten notitication from the Comptroller that his “services were no longer required.” In due course of time the bill went beiore the Board of Audit, and, as Mr. Courtney stated, the Board gave a certification by Mr. Jarvis, clerk of the Court, that it was all right, allowed the bill, and subsequently the Comptroiler drew a warrant for the amount, but on further thought refused to hand over the check. lt was upon this state of jacts that application was made for a peremptory cee directing the Comptroiler to pay the il Mr. Bookstaver, on behalf of the Comptroller, submitted two aMidavits—one of Mr. Jarvis, clerk of the Court, and the other of Mr, Bevin, chief crier— fn whten {t was stated that Mr. Monaian never performed the duties of a Court officer. “This looks singular,’ said Mr. Courtney. “I don’t know whether to appeal from Philip drunk to Philip sober, but certainly it is queer that Mr. Jarvis In one case certilies to the bill and in an- other declares that Mr. Monahan has never per- formed the duties of an officer of the Court of Com- mon Pleas.” “But the chief crier,” interrupted the Judge, “to whom it was Monahan's duty to report, swears that the latter did no work.” “I never supposed,” continued Mr. Courtney, “that there was to be any dispute as to the jacts,” ‘There obviously is,” said the Judge,” and all I can do is to grant an alternative mandamus to allow the facts in the case to be clearly estab- lished,” “I will decide to-morrow whether I will take an alternative writ,’? said Mr. Courtney, and so the matter ended for the present. QUIRKS OF THE LAW. Curious Legal Gamo of Battledore and Shuttlecock—Remarkable Rotation of Verdicts and Reversals. The uncertainty of the law has rarely been more strikingly exemplified than in the retrial of a case concluded yesterday before Judge Van Brunt, hold- ing Supreme Court Circuit. The story 1s some- thing more thana “thrice told tile,’ the facts in the case having been adjudicated upon five aistinct times in the Courts, Two years ago Asa T. Coch- ran gave $5,000 to the Adams Express Company for trangmission to New Orleans. ‘This package, with other packages of money, amounting to some twenty-five thousand dollars, was placed in an iron safe on a steamer. The steamer accomplished the ap safely to New Orleans, but very svon after being moored to the dock was burned and sunk. Expert divers exploited the burned débris, but never found the safe. Upon a suit being brought against Mr. Dinsmore, the President of the company, to com; the repayment of the mouey lost, it was claimed that the safe must have been stolen from the steamer while she lay at Havana; that the theft was the result of negli- gence on the part of agents of the express com- ny, and consequently that the latter was Mable, ‘he result of the suit was dismissal of the com- plaint. Mr. Cochran carried the case te the Court of Appeals, and this Court ordered a new triai. ‘This new trial took place and resulred in a verdict for Mr. Cochran, Not satistied with this result the express: Mare th Appeals, liere the carried the case to the Court of last verdict was reversed and again a new trial was ordered, This last trial was concluded yesterday and reaited in a verdict for Mr. Cochran for $8,471, being the whole amount claimed, with inter It remains to be seen whether this last verdict will prove the jinale to this legal game of batttedore and shuttlecock. BUSINESS IN THE OTEER COURTS. pe is Buh Sanaa SUPAEME COURT—TRIAL TERM—PART 2. Fourth of July Fireworks, Before Judge Van Brunt. In 1869 Messrs. Lillendahl & Co, farnished Fourth of July fireworks for the city. The dreworks went olf all right, but it was not all right about the pay. Suit was commenced in this Court yesterday against the Kd to compel payment of $22,000, the amount of the bill reudered, fireworks were furnished, and that the prices charged are reasonable; but it is claimed that there was not a proper contract, and that no ap- pede was ever made te cover tle expense, he case is still on. SUPERIOR COURT—TRIAL TERM—PART I. Commitment to Jail by the Sheriff. Before Judge Curtis. Christopher Winter, during the Shrievalty of Sherif O’Brien, was convicted in a civil process and bail fixed at $500, He offered the required bail at once, but the Sheriff took five days to satisfy himself as to the reliability of the bondsmen, and meantime Mr, Winter was kept in jail. He bréught sult inst the Sherif for damages, and the case came to trial yesterday inthis Oourt. It was shown that the Sherit’is allowed filteen days to satisty himeelf upon the subject of proposed batl, and a verdict was accordingly rendered for the Sheri, SUPREME COURT—SPECIAL TERM. Decision. By Judge Van Brunt. Parmentier et al., vs. Knoweder et ad.—Motion granted, SUPENION COUNT—SPECIAL TERM. Decisions. By Judge Barbour. Godwin vs. Roy.—Order granted. Disbrow vs. Norton,—Same, Johnson vs. O’Brien.—Same. O'Brien vs, Mechanics amd Traders’ Insurance Company.—same, By Judge Monell. Garcia vs, Wiswall.—Memorandum for counsel. By Judge Sedgwick, Purdy vs. Purdy,—Order granted, COMMON PLEAS—SPECIAL TERM. Decision. By Judge ©. F. Daly. Fissler vs. Kainbach.—Motion granted; order to be settled on notice. MARINE COURT—PART |. Direction to Transfer Fandse—Wh stitutes a Gift, Bofore Judge Spauiding. Andrew Rasneussen ve. Martin Boll.—Plaintift alleges that his brother, Christopher Rasneussen, died in the German Hospital in this city last March, and that he had at that time $601 22in the Bowery Savings Bank; that before he died he gave his bank book to the detendant, with # written order requesting him to draw the money from the bank aud transmit the money to bis brother (the t Con= it is denied that the | { then residing in Nebraska; that Roll Bit the money from the bank. but instead of dis. ing of it as requested by the deceased, had t transferred to his own account. Plaintiff brings this suit to recover the full amount with interest from the 7th of March, 1872, August Geiser, Super- intendent of the hospital, testified that he drew up the order in question, and that the deceased ned it. Herman Hernstein testified that he ed Boll why he had not sent the money as re- | quenied by the deceased, and he sald he had in- ended to do so when he drew it from the bank, but afterwards thought he would keep it for hav- ing nursed the deceased. After the pl rested the Court dismissed the complaint on the ground that such a direction to transier funds did not con- stitute a gut. MRACINE COUN T--CHAMBERS, Decisions, By Judge Tracy. Jom W. Mott vs. John A. Middleton and Another.—Motion denied. John Eddy and Others vs, Lonis Francke,— Motion to vacate order dented, Thomas Davis vs. James Coddington Another.—Motion denied, with costs, and Herman Licbwan vs. N, J. Newman.—Motion granied for January 23, Anton Waters vs. John P, Warstell.—De ault opened on conditions, i Angelo L. Myers and Others vs. James Reilly.— Motion Eepniee. John Schuster vs, Simon Bache.—Motion to open. default granted, William H. Stiles and Others vs. Abraham Harris.—Deiault opened on conditions, Pauline Larimier vs. Louis Canzi.—Motion denied, with leave to renew. George W. Lockwood, Jr., v8. Adolphus B, Carn- wall and Another.—Let commission issue. COURT OF GENERAL SESSIONS. Before Judge Sutherland, A Day of Acquittals. Some time was spent yesterday in the trial ofan indictment against John Murphy, who was charged with stealing a diamond ring from Albert 8. Whit- taker, on the 18th of December, at Coburn’s saloon, corner of Houston and Crosby streets, The testi- mony for the people showed that the complainant had been drinking a good deal that even ng, and that while asleep a man named Donovan, @ friend of the accused, took the ring, aud the next di they called at Benedict’s place, In the Bowery, ant inquired how much it would cost to setaring. It was not shown that thm was the ring which was stolen from Whittaker. A good many witnesses, allofthem sporting characters, were examined. The jury rendered a verdict of not guilty without’ leaving their seats, Elizabeth Campbell was tried and acquitted of a charge of stealing $150 from John Hayes, at No. 7 Duane street. The evidence showed that the hus- band of the prisoner informed Hayes that she stole the money. Herman Blumenthal was also declared not guilty of a charge of stealing a silk dress from Emelia Meyer, at the corner of First street and the Bowery. A Case of Robbery—The Prisoner Sent to Sing Sing Prison for Five Years. James Ritchie, joiitly indicted with William Hanlon, pleaded guiity to stealing a silver watch, valued at $5, on the 28th of Decemver, from John Drummond, with torce and violence, His Honor Seutenced Ritchie to the State Prison for five years, COURT CALEHBARS—THIS DAY, ScuprReMeE Court—Circuit—TRIAL TERM—Part 1— » 1812, ob, Van Brunt.—Nos, 28, 1641, 544, 218, 38044, 422, 51444, 18, 720, 723, 724, 728, 730%, 736. SUPKEME COURT. NERAL TERM—Held by Judges Ingraham, Brady aud Learned,—Nos. 120, 128, 136, 137, 138, 180, 141, 91, 142, 143, 144, 145, 146, 147, 250, 149, 150, 161, 152, 163, 154, 155, 156, 157, 158, SUPREME COURT—CHAMbERS—Held by Judge Bar- rett.—Nos, 79, 83, 8334, 88, 92, 122, 125, 127, 128, 129, 133, 184, 138, 139, 142, 171, 180, 201, 208,’ 207, 208, 209, 210, 211, 212, 218, 220, 221, 236, 237, 240, 241, 242, 244, 251, 268, 286, 288, 289, 292, 309, 812} 319, 320, 836, 345, 358. % Judge Curtis.—No: 3, 1827, 1349, 9 1233, 1457, 275, 1815, 1825, 1899, 1921, 815, 183, 1609, Part 2—Held by Judge Freedman.— Nos, 820, 1402, 370, 560, 2346, 834, 686, 1570, 1572, 1674, 1578, 1580, 1682, 1684, 1586, 1590, Court OF COMMON PLEAS—GENERAL TERM—Held by Judges Daly, Larremore and J. F. Daly.—Nos, 31, 3, 46, 49, 61, 142, Courr or ComMON PLEAS—TRIAL TewmM—Part 1—Heid by Judge Robinson.—Nos. 1707, 1435, 1542, 1695, 1696, 2790, 129, 112434, 866, y , 1051, 1156, 374, '2495, 1721, 763, 506, 2807, 1247, 1864, 1303, 1685, 512, 1649, 1760, 612, 613, 1618, 1092, 1644. MARINE COURT—TRIAL TaRM—Part 1—Held b: 244, yr 1258, 1753, 1204, 1272, 1152, 1952, 572, Part 2—Held by Judge Gross.—Nos. 745, 1203, 1231, 1235, 1525, 1241, 1261, 1298, 73, 1147, 1865, 1367, 1369, 1933, 1371. Part 3—Held by Judge Joachimsen.—Nos. 407, 1478, 1479, 1685, 1693, 1694, 1722, 1743, 1744, 516, 886, 930, 952, 941, 956. Count OF GENERAL SEsstions—Held by Judge Sutherland.—Robbery, George H, Williams, John Donshay, James Walker and Edward Hanlon; burglary, Edward Barker and Thomas Rigney; felonious assault and battery, William Tucker; eee larceny, Morris Hyman, Edward'J. Cornell, avid Willis, Edward Burns, Michael Nicholson, Thomas Jaffray, Robert Fields and John Rogers larceny from the person, Catharine Buchanan; bigamy, John Evans. BROOKLYN COURTS. SUPREME COUIT—CIRCUIT. Suit Against Stockbrokers, Before Judge Gilbert. Frederick L. Mathey says that in Jane, 1871, he directed Edward Whitehouse and other brokers to sell short for him 100 shares of Chicago and Rock Island, which was then selling at 125, When the stock was selling at 108, on August 2, he tendered the stock to them and demanded $1,686, the profit, Jess their commissions, As they refused to pay he brought suit to recover that amount and the case came on yesterday, The deiendants’ story is that they had a fall accounting with plaintiff on the 18th of Anges that they sold the stock toa firm on three days’ credit; that the firm failed, and that at a lost of $800 they (deiendants) made plaintiff's account ood, by buying at the market rates then prevail- ing, With notice to him. ‘The tender of the stock sab by him was made on the 2d of August. Jase Ol. SVPRERE COUi1—SPECIAL TERM. The East River Bridge Lands. The report of the Commissioners appointed to estimate the value of and make awards for lands proposed to be taken for the first pier of the bridge was beiore the Court yesterday, on a motion to have it confirmed. The awards made b; Jommissioners are as follows:—To Ger Sechies, $12,096; William C. Barrett, $7,504 Lewis, $1,245; Mason & Von Au, $11,600; J. \ Dacoson, $50; James Campbell, $8,811 . 8, Tucker, $1,250; Mary McGrath, $2,760; John Mcllogue, $340; Ray, Forder & Co., $108. There was no opposition to the confirmation ot the report, but there Was some controversy as to the disposition of the awards in two of the cases. Judge Tappen reserved his decision as to the form of the order to be made. SUPREME COURT—SPECIAL TERM. Yesterday’s Decisto: By Judge Gilbert. Nimmo vs. Walker.—Complaint dismissed, with costs, Dickinson vs, Wilson,.—Judgment declaring bond and aoe, are security only for the sum paid by Burr to Arrowsmith, &c. Judgment to be set- tied on ten days’ notice. See decision. Knaebel, Receiver, vs. Mosoman.—Judgment for plaintiff, with leave to defendant to answer over on payment of costs. Degraw vs. Elmore.—Motion to amend granted on terms, See decision. Berry.—Compiaint dismissed, with costs. See decision. In re the application of M. A. Sorcharl.—Proceed- ings dismissed, with costs, Murtha vs. Ritch.—Judgment for plaintiff, with costs, with leave to defendant to answer over on payment of costs. rowers vs. Andrews.—Motion denied, Ne costs, Wried vs. Bryant.—$10 allowance granted, Housman vs, Claflin.—Judgment for plaintit, with ieury costs. Leave to deiendant to answer on payment of costs, Biome vs, Richardson.—Motion denied. $10 costs. Graves vs. Rowe.—Judgment for platatiff, on de- murrer, Leave to defendunt to answer on pay- ment of costs, By Judge Pratt. Kehoe vs. Horstiman.—injunction dissolved and receiver denied if deiendant stipulate to refer to L. A. Fuller, with leave to plaintifl to renew motion. Hirschield vs. Hirschieid.—Decree granted. COMMISSION OF APPEALS CALENDAR. ALBANY, N. Y., Jan. 13, 1873, ‘The following is the calendar of the Commission of Appeals for Tuesday, Jam 14:—No8, 66, 67, 68, 69, 70, 72, 20, 53, 63, 75, 76, 78, 77, 80, 81, TREASURE TRove.—The shares of the Nova Scotia Electric Telegraph Company had been for years of so uncertain ® value (had they were scarcely quotabie, A gentleman some years ago gave away several shares to purties who wished to hate a vote at the Board on @ particular oceasion, but did not fet! disposed to pay more than @ few shillings for the privilege, But stuce the sale to the Western Union stock has gone ha it i8 amnounced that the compuny are prepared to pay the stockholders $26 per share. This ts on advance of twenty-tive per cent on the par value, and of ag much ag filly per cent on the cost of the shares to many of the present holders, —au sax Recorder, Jan ¥,