The New York Herald Newspaper, January 18, 1873, Page 11

NEW YORK. HERALD, > — _THE COURTS. TRIAL OF WM. M.. TWEED. A Spicy Day’s Proceedings---Sensations and Snarls in Court---Garvey and Davidson Telling All They Know About It-- Tweed and Garvey Exchange “ Civilities "---llow the “Swag” Was Drawn. Conclusion of the Argument Upon the Palmer- Foley Injunction—Question as to the Juris- diction of the Court—It is Claimed that the Matter Can Only Be Settled by Quo Warranto Proceedings—An * Early Decision To Be Given. hes . THE HON. JUDGE NELSON. His Retirement from the United States Supreme Court. FIFTY YEARS UPON THE BENCH ~ Important Meoeting the Bar. of An Address To Be Presented to , the Great Jurist. 2” Eloquent Spec *hes of Charles O’Conor, William M. Evart') Edwards Pierrepont and (fa, rence A. Seward. : ,, DERELICTION OF PpvLIGE MAGISTRATES, Delaying the Examinm ton of Parties Charged with Orime—A Ox’#e To Ba In- vestigated To-Day in the\ Supreme Court on Writ of Habeas Oa rpus. BUSINESS IN THE OTHER COURTS. Decisions—General Sessions— Summaries, &c. In the Tweed trial yesterday there was consider- able excitement created by the appearance of Andrew J. Garvey as a witness for the prosecution, The witness’ testimony was substantially the same as he gave on the trial of Mayor Hall; nevertheless , the audience experienced the full effect of the sensation. J. McBride Davidson was also ex- amined, and the testimony of ex-County Auditor Lynes was concluded. The Court stands adjourned antil Monday morning. The case ef George Washington Bowen vs. Nelson Chase was not resumed yesterday, in consequence of the death of a near relative of one of the jurors, fhe tfisl will be continued on Monday next, at eleven o'clock. In the United States. Circuit Court room yester- day a meeting of members of the Bar of this city and State was held under the presidency of Mr, Charles O’Conor, for the purpose of taking meas- ares to present @ suitable address te the Hon. Judge Samuel Nelson on his retirement from the bench ofthe Supreme Court at Washington. An address, which will be found in another column, was adopted. Speeches suitable to the occasion were made by Mr. O’Conor, Mr. Evarts, Mr. Pierrepont and Mr. 0, A. Seward, Yesterday William J. Healy, Paymaster of the Navy, who had been charged with conspiring to defraud the government by presenting “ falke vouchers of the funds in his possession to the Fourth Auditor of the Treasury, was released from custody, having given $5,000 bail before Commis- sioner Shields, Another day was occupied yesterday before Judge Barbour, of the Superior Court, in the further hear- ing of counsel upon the subject of the Palmer- Foley injunction. Mr. Foley’s counsel, Sharp- ly, contended that the Court was not & court of competent jurisdiction, and that it coaid not grant the injunction asked for, the > proper remedy being by quo warrante proceedings to be instituted by the Attorney General of the State. The other side, of course, insist that their proceedings are regular and that they 4re clearly entitled to the relief solicited. After the argument had been brought to @ close, Judge Barbour took the papers on both sides and said that he would give a decision at an early day. The temporary injunction meantime remains im full force till his decision. Judge Barrett, at Supreme Court, Chambers, took occasion yesterday to animadvert upon the custom which it seems prevails to some extent in the po- lice courts of delaying the examination‘of parties charged with crime. In the case in point the ex- amination day was set down for two weeks after the arrest. The Judge pronounced this all wrong, and the party in question is to be brought before him this morning on writ of habeas corpus. THE TWEED TRIAL. Sy * Am Interesting Day's McBride Davidson and Andrew J. Gar- vey on the Stand—Rencontre Between the Ex-Boss and the Late City Plas terer—A Sensation in Court. The Tweed trial yesterday proved a little more interesting thas on preceding days, in consequence of two witnesses betng produced who, for work done nd materials furnished the city th the palmy days ‘of the old Tammany régime, are popularly supposed to have handled considerable of the people's money. These gentlemen were 3. McBride David- son, the “ring” safemaker, and Mr. Andrew J, Garvey, the plasterer, decorator and builder. When the name of A. J, Garvey was called by the , Clerk as a witness Mr, Tweed’s excitement was something remarkable. In fact he lookea like a lion restrained from tearing in pieces some choice morsel that was within sight and had excited his rage and appetite, Mr. Garvey presented himself when called with great deliberation, and, took his . Seat on the witness stand, the excitement being imtense among the assembled spectators. A ren- contre which took piace after the recess will be. found in the report of the afternoon proceedings + below. The morning proceedings consisted of the putting in of secondary evidence from the record and audit books and the warrants of the contents of the missing vouchers, Mr. Wheeter H. Peckham, standing fear the Bench, read out from a list the mumber of @ war- rant. Mr. Stephen C. Lynes, who was county book- keeper under Connolly, sat in the witness chair, with the record book on his knees, and read + out the corresponding entry of name, amount, &e., from the book. Mr. Burrill, apparently immersed in the printed report of the Hail trial, sat below the witness. with his heels on the stenogravher's iy . ‘THE DEPUTY CHAMBERLAINSHIP. desk, but closely watching the documents as put im | word GKuMy’ may perhaps hive refexones toe ‘evidence. Well KAUAN burgicrs tool used to break into ti ' th h the x treasamyy."’ (Loughber) After the accounts had been gone throug "ities Contin ued—I took opportuntty té «ey Mr. Watson aud asked him what I should do, dad ye told we to \\o precisely as Woodward told me ta doy 1then made out (ie bilis as 1 was instrncted 4 Woodward, tor 1 wanted the money; Woodwal generatly gave m I'p of paper with the amount after adis- | Of the till l was to wake OUG and the title of the appropriation; I can select from those warrants those that were made out in pursuance of THB ARRANGEMENT WITH WOODWARD, Mr. Garvey wig handed twenty-seven warrants, witness stated, in reply to a question from Mr, Peckham, that he did not know of any other books or papers relating to the proceedings of the Bourd of Audit, Mr, Lynes waa then cross-examined, cussion, as to the mature of the questions to be asked, In every instance the defence took excep- tion to the rulings, The witness stated, in relation ad precneeed tenia IRE TO ans totne routine at the Comptroller's office, that | stated that they re} ted a total sum of about when warrants relating to the county liabilities | $1,177,000, drawn irom the city treasury; tne wit- were returned irom the Chamberlain's office to the | 2¢88’ share of this amount under tie 36 per Comptrotier's oMoe, they were not always filed in | warrants were sven handed. 10 wliness; ‘and. Ne by him, but in some instances by Couuty Auditor | identified them also, stating that they were drawn laf Gee in secordance wntn bills tad out UndST wor a A novel featare in the ¢ross-examination of Mr, danmeneat Gin tagrabe. seed bi Lynes waa his being handed the minutes of his tes- Another objection was made to the answer, which timony on the Hagerty and Baulch examination, Sat extietiok sees name. Odjection overruled eeu read questions and answers, and say |\- Witness continued—Under that arrangement wi ve the same answers now. there was @ house and coach house to be built for ie Tid BAPE Makan, Comptroker Connolly; Iwas to do the work and Watson and Ingerso!l asked me what it would cost On the prosecution calling John McBride David- or its Teatd it wpna sense nen one ben cred 80n te the stand, the defence made thia onjection:— | and twenty or one huni and twenty-five thou- sand.dollara; in accordance with that they in- The frst count alleges that there was # geniine | Structoa me to oommonce. tho work: 1 revelved Mability presented to the Board of Audit by Keyser ghooks io Payment | ‘or the work sr om time to time & Co., and that the Board did. not doubt it; while | from Ingersoll, and Ingersoll drew the warrants on the county and gave me a percentage by his per- om the second and fourth counts they, 6@t | sonai check; the endorsement upon those checks forth that the claim was wholly manufactured, and ‘produced Is ars Ingersoll." AY ad by third that true partly | the ce overrul tion ¥ pai the it was part tne, and While the objecdon Was being, ouscussed. by false. Now, on the Hall) trial this: witness was goansel the witness made a remark, apparently to and Soundel now demanded: that tno prosecution | gat the par oi cousseL "Ose of eho deloudaar an now e Di mn obliterate thé counts inconsistent with tle evi. ° eee 1, noted for big i ~~ LACK dence, aad LACK OF DIGNITY Judge Davis—I 6 that il! not prove | before all jumped up and said, oot besdieniar. count to be true }—there 18 “Come! come vapid ween eeeres sr hanno danger of that, or ai needs well sax tneas pu danger of every- | in firagrtae it's Ks Counsel for defence—There is t to be stopped |! talng from the way they have acted. Witness (to the Sourt) “Tose seven warrants Judge Davis—I don't know anything about the | were not drawn for work done on Connolly’a hot reasroted fom proving he natureof any dau, | eavasos: we onir, wort. dous was’ drawing the ord previ vance; the on Dg whether true or false. ans digging the foundations of the house. Counsel—They state the claim to be ae To Mr. Peckbam—Aiter these bills were made and they state it to be ented two-thirda, out I would call on Mr. Woodward and we went to Judge Davis overruled the objection. the Supervisors’ room, in the west end of this Mr. Davidson then testiticd that he is a safe pty fRenge ‘was a'reporters’ table there, and business in Duane atreet; he | we sat down to it, and Woodward would get from up his bill | me every check and then give me the warrant; I gave my check beiore 1 drow the amount of the warrant for sixty-five percent of what the war- gh Fant oalied for; that was almost tie invariabie qui and answer re- | rule; the bilis I was called on to receipt had the lating to what tween him and Woodward, | andit certificate tacked on the corner and Tweed’s ag a res acta, and Mr. Tweed not being | name written across the face; I know Tweed's pre it handwriting. (A bill and certificate were shown witness then testified to his claim being for ‘exen| The to witness.) 16.948 which was raised in the warrant to I CANNOT SWEAR },170 40, out ot which he got a check for $16,040 | that the names were written upon all of them as ‘om Mr. Watson, to whom he was sent by . | upon this; 1 have seen them like this with Tweed’s Woodward; he was first asked to write his name | signature; sometimes I objected to the amount of across the back of the warrant by Mr. Watson, and | the cheoks | was asked to sign and Woodward tola he was not then aware that the sum had been ray Word Watson made out the bills and it would be r raised on the warrant, . TWEED’S MIDDLB-MEN. The defence objected to what anybody told the In reply to Mr. Fullerton tie witness stated that | witness, and in the course of his remarks the counsel occasion’ to instruct the Court plumply that ‘the Court it to'rule” in a certain La according to counsel's ideas. itness continued—Woodward always had his bank book with him; 1went with him generally to the Hrea@ereg Beak; and Woodward always made poms anya ‘weed’s account; I made three de- i melf, personally, to Tweed’s account; I per eHow Tweed about twen i insel—I object to e auéstion and answer, ‘and to each on eve! eatior he did business with the city forfour or five years previously; gil hig dealings were with Mr. Wood- Ward or Mr. Watson, and b6 had po connection whatever with Mr. Tweed; the bill for $16,040 was Bapstice in the usual torm; trom first to last he ‘nO business with Mr. Tweed | it a safe or ny fing else; no one was Xcept Mr, Watson; when the latter put the wariant face down before him Wititess was going to turn it over, y years; I do not and Mr. Watson eatd, “You endorse tt;” he did | know whether the yo _vhese thirty-four not prevent him in any other Way irom turning it.’ | Warrants wore ever brought before ‘a. of J gee be keep his hand on it? Audit; I never presented the claims they repre- ir. Davidson—He did. £ sented beiore any Board,,and never authorized Mr. Fullerton—All the time?, A. No, sir. Did you think it extraordinary that! he tak his hand onit? A. No, sir. © Q There was necning: unnsual—nothing to excite your guspicion? A, ee he sald, “lou en- dorse the warrant and I’! get you your check." ANDREW J, GARVE! 8. ee he Byer he fmitély the character of al these bills made out in pursuance of this arrange- ment with Woodward frending iwitnees @ bill). Objection made by. defence thas witness must explain {fom memory what thepeculiar form of i the bill was, What marks it e, &c., Without was here called in. Defendant's counsel asked |, looking at this, will and saying “it was like that,’” the Clerk for the Indictment ayaiust that witness, Warrant, marked “Exhibit No. 41, was handed and said that the defence had @ notion of indicting | to witness, who testified—The bill for this warrant him when be came into Court, would embrace— a Mr. Garvey was seated and sworn he tea- | Counsel for defence—ffever mind what tt “would {ified that his occupation was that of a plasterer, | embrace;’’ tell us what-it actually did embrace, \and he did work for the city and had claime against Witness—It embraced, aa near as I understand he city in 1870 for work done and seme contracted | it, repairs, mason work, carpentering, scatfolding to be done; Mr, Woodward and himself had a cen- | and painting, and graining work, probabiy, versation about those bills; after the conversation QUITE A DISCUSSION ENSUED with Woodward he put in @ claim for $110,000, | as to how far the witness was bound to testify in partly for work done and partly 1or work to be | reference to exact. specifications of number of jone; he claimed $78,000 for work done on the | days’ work done, amount of material specified in county offices and $75,000 for work oh the armo- | each bill, and so forth, It was ended by the wit- ries; there were also claims against Woodward | ness being permitted to teil to the best oi his recol- and Tweed. lection, by looking at the warrants, the nature The defence objected that this witness ought tobe | and kind of work named in each bill, There were hemmed in closely in his statement of cl and | about fifty-four warrants in all, marked as ex- should not be allowed to work on individuals. | hibits. During one t ofthe identification and That witness was presented to them under explanation he said TWO INDICTMENTS FOR FORGERY ‘ “The bill for this warrant was for material and in the third degree, and had come before him to | labor. 1 don’t know the number of days’ work; gain his liberty from two State Prison offences, | there was so much for mechanics’ 80 and from the consequences of suits for $6,000,000asa | mamy men, 80 pen owe at so much a day; 1 tl participator in there alle; frauds, No witness was | itran for mechan! about four dollars and fit) ever on the stand with auch inducements held | centser five doilars per day; about that; (wit out to him to save himself, He ought to be held | nawe imnocence) wages were pretty aa then.”’ to the strictest line of examination, @ not al- ‘The audience and counsel! evidently thought that lowed, as the prosecution want him to do, to force were pretty high then” in certain quarters, 1n indi ee eee cokente otek — all. i ed rete and even th dette ‘atson, who ts dead, ward, whom they | could only preserve judicial dignit ng have driven from their jartsdiction by'thetriounde- | hard om:the bead of his gavel. tionless indictments. test now offered checks were next handed tndigt ‘was simply calculated to excite judice against | who stated that the twenty-seven warrants allude the defendant. to had Deen all paid by the County Treasur The Court admitted the testimony as competent | also the sever warrants de: ‘to show that the defendant audited unjust Biaims To Mr. Peckham—These against the company, A recess was hcre taken, also paid; After Recess. The audience began’ to. reassemble tn Court at a Kk, and the generul appear- negtigg in the extreme, and quite a buzz of conversation ensued, Mr. Garvey was the first gentleman on the people's side of the as ited by Ingersoll,’ teen) checks were THEY ARE MY. and have been returned to me by the bank; I gave dea to witness) them to you; (two other papers these also are my returned ch at the bank; I think those letters in pencil (initials E. A. W.) were written on the backs of the checks by the Bouse to pear; and, as be eeu red the anteroom, jut nd a Broadway Bank; these checka were ir, Tweed cai sight of him through the open = door at the ack of tbe jury box. Mr. Tweed arose Defendant's co’ iL (savagely) —Now never very rapidly and walked ‘into the anteroom, | Mind telling us what these checks were given tor. b+’ took a tion near the door an Witness (sharply)—Then what am I to tell? within three fect of Garvey.’ ‘Both ‘meni were | , Counsel (savage Tell us that they are Standing and were contrasts. ecks and stop there; that’s all, (Laughter) Garvey, tall, siraight and -Jooking, | We obje fs to ANYEMNG FarMer had a pleasant, quiet demeanor and expression. The Court—Do you object to witness stating Tweed, corpulent and frowsy-lookin; ‘was | What these checks were given for? violently and nervously agitated with the er Counsel—We do, he felt and showed toward the great revealer. | | The Court (to counsel)-—Well, then, note your exce; witness)—Go on. fale Cha gas phd upon Garvey, and his arms ‘Witness—T) checks were given by me and Shey IDTONAR RSF wanted to reach for something. len Garvey advanced toward the deor of court room Tweed turned So astoenter with him, and his lips could be seen ‘in rapid action and bia utterances, which were in a Jow tone, were evidently abusive and angry. Gar- ‘vey took compsratively little uotice of P TWEED OR WIS REMARKS, and ashe turned to the right rted pavkesens tome reg Fd per oer tee J Cee original billa; 1 was requ raw these shocks, and then Woodward would shove me over the warrants, which left me to receive thirty-five per cent of what ef called for. ‘The checks were all drawn payable to witness’ 2 own order, and.all the warrants and checks were Fight he retoi 4 admitted in evidence, ga sort of quiet defiance in the toas of Witness peng my oheck for $10,000 I gave head, Tweed returned to bis seat, and Ga to Mr. William E. King tor Mr. Tweed. (Objections passed Debind the ju: pew. ‘as to be near the | Se up at the Judge from the whole of witness stand, and for fully five minutes Tweed’s| TWeed’s counsel. The Court tted k eyes. fairly glared at him and his cheeks and the testimony on the statement of the prose- ruddy with ‘the he could not hide. If the } Cution that they would connect Tweed with the ex-chiel of the wigwam had been on «At ‘they failed to 80 connect him, the fie" Plains with Garvey there Would have ‘been | Court said, it would all be stricken out.) I gave this check to my brother, to teke to Mr. King for some rare war. whooping and scalping done —] Mr. Tweed; this other cheak is. for $40,000; it was fre Hans. Katey ye on Doth. | ‘spout tne month of Aprils 5 te: me Gurvey the nature of the lal used in the ren- | nd said to me— * re, but he merely state: 7 d that “Mr. Tweed’s ‘and that tre did not full the defence as to I was blasp! objections dod taearttindods hy catch he words used by fe chiral wa: ds he calted me into the anteroom and aaid:— | “Whatever jou have to give me, give me here; y) that was the last time I handed it to him in that . just alterwards, he told me to fix it with away, We ovdward, ving to Mr. Tweed the . @, Do you remember revedt for this $60,000 itém? A, Ido, andl drew tha’ revelpt im accordance with instructions; ths \was'a regeipt for ‘WORK DONE AT GREBNWICH. ‘Perered tola.me on one occasion, “If anybody asks geil the: <2 received no mone, frou! any- ‘bws Watson yt was about the i3th or 15th 0 ber, 1871; fi safew days beiore they ot ue Owt Of the country... . A ry Tl here ensued betweem Counsel as to the Propri; of the witness wsing ihe term “they,” and wheser he answer in fa. re! re should be Stricken ot. At the suggestinn 0! witness mowified his answer 8008 10 make it read “A tew days before | leit the coum’ 'Y:' Witaess resumied—I remember g '!2g once to Mr. Tweed’s office with Woodward; \Yoodward haa some papers in nis hand, papers ‘tha’ Jooked like youchers, and Woodward to me, + "You will get some money to-day,” or “We shall ga, money to- day,” or words to That effect; helettme and ane into Mr. Tweed’s office, and when he came ack he made the same remark; I cid not seo these, erred signed by Mr. Tweed, but Iaaw them after, 45; Woodward and I went over to the bank and\ &° some payments that aay: I presume these pay °'S were certificates of audits. THIS CLOSED THE DIRECT EXAMINATION ‘ of the witness. After @ short discussion by the counsel! and the Court it was decided not to com- mence the cross-examination of the witness, it being already halt-past three o'clock. The Court im, but thet it woul \dediniteness of w! gay about old make no difference to him ‘anyhow, as he was | men, &c.) Said he, ‘ msn wants”—mean- called tu the witness stand to tell the srath, and ‘tweea— ee araiprte pera about ree Or four counsel wanted to know if he everything.” F *“calied Mr. Tweed ‘the oid man.’”” ‘When the Court was assembied Witness—Yes; he called him “the old man;” I MR. GARVEY AGAIN knew who he meant; he said, ‘The olé man wants took the witness stand, and in anawer te Mr. Peck- | $60,000 from me, $50,000 from you, 000 from Key- "8 qI which were aimos' le to | ser, $25,000 Miller 000 all save the witness and the Judge, gave his. Archie Hall said, lis mn and Troed inewo suns ‘or owed me ps him @ rei fans bit ot $800” to ‘alter =! vonemne f Ns coe eraree f shame) an jared One of the cot Yor the defence arose and said, “ J t that ‘1 would like some! Os Joe i fy hnmed | remarking, in s good-natured w: in and after that | will appoint some one to look at him for ‘with the excep- THE APPAIR ENDED IN LAUG I furnished to Ingersoll, By Mr. Peckham—To MG agg ed you come acquainted with Mr. Tweed? A. It was a jou.’ from time to time, as More another f those uuscemly an of SNARLS, good years $ whi cite ‘ture et the leadii ceil gin the 8 Fee vare ers aor at trials, ik piace tt thirteen ea oR Seek iy 3 Ia reference to Court mOblected to by dofence, with th ow Te e to know what this b leading t, aang another answer, and word “Jimmy '— Mr. Peckham stated to to show that in 1807 having reference to ingersoll’s "iastructians. to 5 r — fifteen per cent of the amount of all bills presented Counsel for the defence Rot ap, and with am ag- the witness for work d county. ( Suet, Fo, hemes Insult to the | jection was overruled i itness contin “So far aa the word ‘Jimmy’ is concern , and asked Mr. Tweed ‘that it be stricken out of the witness" poe Ebay mld tone, “] v4 your le witness Snee! inute or two. Th e ft the bie s Flould also ask what the definition of the term . tol While another fencing tirade going among counsel Judge Davis clletted trore the wit- | handed him after that the diteen wess the fact that the word “Jimmy,” as used by him, was intended to mean Ingersoll. When coun- sel had got out all the ungentlemanly sotto voce slurs that the opportunity presented they paid at- | envelope; there tention to the Court, who ruled :— and Tweed stooped “LT must admit thia watimony qnmnieta «= the | up the envelope an the. envelope, by a ordered an adjournment until Monday morning at half-past ten, and announced its determination to erent four o'clock every day until the close of the THE DEPUTY C4AMBERLAINSHIP, voces ptbrin.., The Injumction Asked for Against Foley by Chamberlain Palmer—Completion of « Argument Before Judge Bar- bour—An Early Decision Promised. There was a continuation yesterday before Judge Barbour of the Supetior Court of the argument ‘upon the injanction askéd for by Mr. Palmer, City Chamberlain, restraining John Foley from ‘ as- suming to act as Deputy Ohambertain under his appointment by the Comptroller. Mr. Francia A. Palmer, the Chamberlain, was present, as also the rival contestants for the oMce of deputy under him—Francis B. Palmer and John Foley. Each side was represented by their respective counsel, Mossra, ex-Judge Ed- Monds and Abraham R. Lawrence representing Chamberlain Palmer, and Messrs. A, R. Dyett, Joho Strahan and R, W. Townsend appearing for Mr. Foley, As the continuation of the argument was. only an enlarged repetition of the previous ai ment when Deputy Chamberlain Palmer was the applicant for a similar injunction, and which was fully reported at the time by the HERALD, it is un- necessary to give more than thosalient points. PRELIMINARY POINTS, Mr. Strahan opened the renewal of the argument by showing how, under the Statutes of 1843, the Comptroller appointed the Deputy Tax Receivers, and how, under a subsequent act, he appointed the deputies in the Department of Public Works, Judge Barbour remarked, that after going home last evening he found in his private library a gen- eral statute providing: for the appointment of deputies by their principals, except in cales where the appointn therise, provided for. a OF MR. DYETT. Mr. Dyett now entered on his argument. He said that Login| in his previous argument ex- hausted what he deemed it necess: to say upon the merits of the case, he would be brief and con- fine himself mainly to the jurisdiction of the Court m the matter. He insisted that the only way of fettling the matter was a td warranto, He reviewed the complaint the ~ Chambé?- lain. In this complaint the Ch; lain as- sumed that to him asvlely belongea the right. to appoint # deputy.'’ He did not ask the Court to settle the ciaims/of the rival con- testants to the office, but singled out Mr. Foley and asked the Court to restrain him from any att:mpt to assume the functions of a Deputy Chamberlain. He ingiated that before the Chamberlain could have any standing in Court he must first show his right wo appoint adeputy. The rellef asked for was that Mr. Foley be restrained from acting as deputy. The te avd injunction must be part of the relief, What Dens gman’ could. sey ask? Judge Barbour—Just what they ask for. Mz. Dyett—But they cannot get what they ask for without frst trying Mr. Foley's right to the office. There is another aspect of the case—the Sprpinsment of Walter B. Palmer as Deputy Cham- riain, A JUDICIAL EXPLANATION. Jadge Barbour—The appointment of Walter B, Palmer “as Seg 4 has nothing to do with the resent case, The City Chamberlain, having mil- ns Of money in his possession, alleges that the deiendant, under color of an appointment and what he claims te be the law, intrudes into his office and meddies with the business of the office with bos oad to his pecuniary interest in regard to the funds m his keeping. The whole question is Whether Mr. Foley is an intrader or not. Foley does ge there. It can be assumed that in the ab- sence of the Chamberlain he might draw from the banks ali the millions ot city money on deposit. The question is whether the deiendant is entitled to go and do what he dees in the Chamberlain's office or whether he ts amintruder. If he is an intruder why should he not be restrained temporarily and by decree t MR. DYETT CONTINUES. Mr. Dyett answered this question by saying that Mr. Palmer had no right to bi in the presence ef the He ebjected to the form he _acticn and insisted that the plaintiff’ had no remedy except by quo warranto. The Chamberlain’s office, he went on to was the office of a co ton. He was the calef of @ bureau of which the Comp- troller was the chief, The whole tee ree really between the Comptroller and the t jain, He called attention to the controversy be- tween Judges Davis and Cowles as to which was elected to the Supreme Court bench, and how both occupied the bench at the same time, one giving ordersand the ether rever wpe, He traced the tory of quo office lay with the King, and in ttus country It with the people. If Mr. Foley was restrained, as ask for by Mr. Palmer, he was, he urged, without legal remedy. He could not do mio in Uy Ly te the decree of the Court without being in con- tempt of court. He referred to ties giving what he ciaimed to be decisions in analogous cases showing that the, Court had not jurisdiction in the case. The Court, he continu could not pass 4 final decree Paceuae Be ma- y, nobody's business who held the office except the ple of the State, There wasa Ehemberiain. itn ae b Mayor and Commonalty of the city as the representa. tives of the people. Until the otuer could rocure some authority showing the undoubted Jurisdiction of the Court, His Honor should hesi- tate to grant the relief asked for. No jd od of law could be looked to to sustain the grounds-taken by the opposing counsel, A decree could not be ven without passing upon the title to the office. ingisted, in conclusion, that as name @ party applying Jor an injunction to rent ‘ingement @ patent, the Court. would have to send the aMant to the federal cour h as such cases come solely within the jurisdiction of those rw Senate ratte ts tag sane os me} 0. aD der ‘he latter's j tion. athens ; Anacxern 4 OF JUDGE anne Be tie hoo What he said was mail occu: of his former argument, “in ‘his legal ex- jteration r 7 perience, extending over half a enn Ee na never known @ case like this, re wes 0008 500" ween to Si con- the Bands of the Chamberlain a into the Comptrolioms to turn every’ out riain's office. There was more this, His counsel now seught to drive Mr. Palmer out of Court. After, as he ated it, sweeping away this rubbish he proceeded to give the mean- ing of oopety ed by Coke. Finish- ing this the history of the iberlain’s the time that bow used to be the Chamberiain’s salary up to the present time. He then touched yn the bonds required to be given by the ty jberlain. He said that the law the same security from and claimed that for this Teason Foley was not entitled to the office. Fi Barbour—That’s an important point. Mr. Dyett—Your be 4 Palmer has ouly Bo hon $200,000 security, or rather oifered bonds im tus amount, Judge Edmonds—Mr. Walter B. Palmer has office and get force en the Chambe: nothing to do with this caso, “ae ppc: Mr. Dyett—But your argumen| very si one, your own showing Walter B. Palmer has no right to act as Deputy Chamberlain, Fi Edmon ve recited the law, and ap- pl tio Mr, Foley. That ts the law, certain. Nur, Foley shook his head, as ir implying a nega- tive to the counsel’s statement. “You shake your head,” said Judge Ed- da, “but there is nothing in it.’ “That 18 an oe of Curran’s, a hundred years old at least,” Mr. Dyett. “Tknow it,” sald the ex-Judge, ‘“‘butita application appropriate in the present case.” fudge nds in his further remarks answered the arguments of the opposing counsel in the order In which they that the present was a clear case for the in- mearvese of judicial authority in the manner solicit ‘Mr. Dyett briefly responded. He gave his views im anotner light upon the act of ea. He char- acterized it as @ scheme to throw dust in the people’s eyes. Great stress was made of the banks Where the city funds are depositea paying the office rent of the City Chamberlain, whereas he did not have a cent of rent to pay. At the close of the argument Judge Barbour took the papers and ordered the (gwporarv iniuaction SATETMAY, JANUARY 18, 1873—TRIPLE SHEET, ae —_——_ to continae unci! he rendered his deeim 7% Which Would be at the earliest time pois DELAYS IN EXAMINATIOR.. Kept Two Weeks in the Tombs without a Hearing—Lashing Police Magistrates for Derilection in Duty. Application was made yesterday before Judge Barrett at Supreme Court Chambers for the release on writ of habeas corpus upon bail of Kalman Lippe. The counsel for Lippe stated that on the 6th instant he was arrested upon a charge of setting fire to his place in Nassau street. The only posal evidence it was claimed against him was having previously purchased some kerosene oil instead of the servant; alsoa lot of old newspapers, “What kind of @ place did the man Keep?” in- quired the Judge. “A picture gallery,"" replied the counsel. “Damaged much?" “All burned up.’? “Any insurance?!" “Yes, $1,100,” “Did that cover the loss?!’ “No, not a third,’ “The charge against him, I SonpOee, ts arsont?" “Yes, sir; but there ts no provf to sustain it." “Hag there been any examination bere. the committing mMagistratey” “No, sir, and bail bas been refused!’ . «That is all wrong,” said the Judge, with some wane iy sto keep ban in usin) two, wooks Pint a hnothingot this fort.) i the ‘t District Attorne; Ins opposed Assistan ” "te dwelt upon the welnoumnese of the ao, % and said that next Monday had been set down OF the examination. The prisoner's 3 aide of the oso at some langtn, e sige ie mat ir waa brought be- it be r argument ia case Was postpon ww) BUSINESS IN THE OTHER COURTS. SuPacnS COUNT PANES, Desistones By Judge\Barreth, Pyng vs, Andrews,—The Answer op. the dofendant Andrews must be stricken outwith fy’ Costs, Pursell vs. Ordway.—-Motion granted fox payment of Foleree's fees, tridl fees’ and $10 costs of this Degraaf et al. va, Midgly et al.—Motion dem*d, with $10 costs. Ross, Jt., va Schulhoff et al.—Allowance of $228 Kindburg vs. Weinberger.—Motion granted. Dorn et al. vs. Lersore Order granved. Seniton va. Hamann,—Motion granted. Bailey vs. Bailey.—Report confirmea, SUPERIOR COURT—SPECIAL TERM. Decisions. By Judge Barbour. fi cele vs. Ruckwer.—Order of affirmance of u “ Newfleld vs, Josephs,—Order of discontinuance. ee cabal Kellogg (two oases),—Orders for judg- Allemnania Fire Insurance Company vs. Prindie Ci pea tg Sioiche der ot final ji ! ‘on vs. Dempsey.—Order o! judgment, By adie Freedman, hee’ 5 ‘us en! be Stura vs, Wiliams —Gexe settled. 5 Bae ‘Van Vorst. Haring vs. Rubber Tip Pencil Company. —Motion denied. 4, i By Ju Eugene Finch vs. Emi ke Monell. q tl Justh.—Order settled, COMMON PLEAS—SPECIAL TERM, Dec By Judge Loew, Caroline Oestoneicher vs. Jacob Oestonelcher.— Judgment of divorce granted to plaintiff and cus- tedy of child awarded to her, ‘racey vs. Vandewater.—Order settled, Bartlett va. or.—Ball approved, Gross vs. Gross,—Motion granted. Newkirk va. Newkirk.—Motion for attachment granted in case defendant does not pay the all- Mony within four days. Barkart vs, Burkart.—Motion granted, By Judge J. F. Daly. Herrick vs, Houghtaling.—Motion granted. MARINE COURT—PART 2. , Action on a Written Proposal. Before Judge Gross, Luke Curnen vs. John Laimbeer.—This action Was brought to recover the sum of 6450 on @ written proposal to,excavate cellars for the de- fendant. It appeared that the plaintiff excav; the cellars to @ certain depth and the tren@ics sufficient to enable’the builders to lay the founda. uon of the building, but failed to clear the centre of the cellars to the depth required. The plaintiff gave testimony to the effect that he rformed the work in accordance with the direc- ions of the defendant; that he excavated the earth to the desired deptn, and that nothing re- mained but rubbish, which he wasn’t bound to re- move. In this the Pare Was corroborated by his foreman. The defendant set uP, @ counterclaim of $50,and gave testimony to the effect that he paid over for performing the work, which the Plaintiff failed to perform; that the plaintiff failed to excavate the cellars to the required this he was corroborated by bis foreman workmen, who ahenae the’ labor. testimony was the Court charged’ the jury, who rendered @ verdict for the defendant. For plains, Joun Shaw; for defendant, George Car- enter. Before Judge Suther'and, The Alleged Forgery Upon the Propries tors of the Aldine—Disagreement of the Jury, ‘The trial of Edward P. Banning, Jr., chatged with forging an order purporting to have been signed by Fellows, Hoffman & Co., directing James Sutton & Co. to insert an advertisement in the Aldine, was resumed yesterday. The accused ‘was’ an ad- for that paper, and it is charged that he presented the order so as te procure money from Sutton & Co. joe was adduced on Wednesday to show. the good of. de- fendant, and yesterday the prosecut r presented rebutting testimony, Messrs. _ eee HG UNan and that! Cond SaCRSOaeel nn Decause he cheated them. out tor the prisouer and Aur: ussell for the prose: oution Judge Sutherland ch 1d the in an jury = the complainant and the accused was wholly irre- Seis wate dete Wt geen et trom the’ further consideration of the case. ning was remanded to prison. A Dishonest Dry Goods Clerk. Morris Hyman, who was indicted for stealing a Piece of silk worth $66 and one piece of cashmere valued at $2260 on the 20 of December, the prop- James MoCreery & Co., pleaded to an Sttempe at Fane larceny. ‘sbetstant Distsice ao torney Russell said that ia noeenting tant Hen risoner onght to receive the full punishment as pings c cater was , Howe made an earnest to His seesnd Hyman to the Penitent instead of ight ust bs digreced. see of oceania meats eies ty to pe Jedgment to be warped by sym 2 aen- Yonced the prisoner the “‘Stuve ry for two ears, F Barglary. John Mallen, charged, with burglariously enter- ing the premises of Menry Bryan, in Fulton Market, ten dollars’ worth of guilty an sttempt to commit the ofouee. te Yeas saute to the State Prison ior two years and six mont Pickpockets Sent to Sing Sing. Patrick Nagent pleaded guilty of petit larceny from the person in stealing & pocketbook contain- ing $6 trom Mrs. Sonheimer while she was walking h second street. City Judge tenvoteed tnd young thier to the State Prisee for ceederick Sone bie Mao and convicted of L-4 etal from Wiliam Botany - ion Tours im Showed that tl Uineioassat and his mente vere walking along and that the Prisoner snatched the watch and c! Cad iS sway, He was ed and threw the snow. As youth Proved # previous character His Honor did not impose the hment inflicted upon profes- Foss was sent to Sing Sing sional pick; a Prison for two years and six months. SEFFERSON MARKET POLICE COURT. Colored Thieves. John Williams and John Johnson, two colored men, residing in York street, entered the jewelry store of Solomon Ricé, 276 Eighth avenue, on Thurs @ay and asked to see some watch chains. A tra; containing a number was placed before them, an after examining them they passed out without pur- chasing. The salesman at once observed that one of the chains was missing, and the men were pursued and arrested. ‘hey were arraigned at Jeiferson Market yesterday and commitied, in deiault of $1,000 bail, to answer. YORKVILLE POLICE COUIT. John Tombs, a person to whom soap and water have been strangers for @ long time Daal, was ar. u raigned, charged with the theft of a ton of coal, He told the Court he took the coai to make fire for the Winter, which the Court thought too honest # confession on the part of the prisoner t« any credit to hin, and committed him for tet” “ L, Michael, proprietor of a second-hand clothing store at 710 Third avenue, was arrested on a» war- *nt churging him with having in his on ® *nnuiorm and ita accompanying equipmenta, be- now 6g tothe -fourth Kegiment, N. G., 3..0f longte, bight, so ine eSeieinior of Company I, was the + & nt, and testified that he applicd for the “ne accused, who to give it up, " “nat he had yoy nee i Michael was note!” $500 bail to appear for exami- nasion, * Patrick Fitzgerald, of No. Patrick O'Donnell a0®. 5 involved in a deadiy 1,412 Third avenue, be: ia. Yorkville. The quarrel ye er afte ‘~ stabbed in tho affair ended in Fitagerald bem, ‘arrested and back by his antago who wa ‘t the result committéd at the above Court to OFM oo. said te of the wounded man's injuries, which er be of @ serious nature. it dere THE HON. JUUGE NELSON, His Retirement from the Supreme Court of tho United States. Important Meeting of the Bar—An Addross To Be Presented to the Eminent) Jurist— Spoeches of Charles 0’Conor, Edwards Clarence A. Seward RE eae Yesterday an nanebdtal Tag, largely. attended meeting of members of the bar Of lil# qty and State was held im the Gourt room of the United States Circuit Court for the prrpose* of taking some action in réference to the. recent retirement of the Hon. Judge Samuel Nelsow from the Supreme Court at Washington, of which he had been for s0 long @& Period a distinguished member. The fact that tho’ meeting was called to pay a deserved compliment to a Judge who has for a period offiity years (want- tng only three months) held an honored place upon the bench, gad the proceedings to which thia oo- cagion gave rise, constitute an event unprece- dented in the judicial history of America, and never yet equalied through the long annals of English Jurisprudence, Pf course, Judge Nelson himself was not present; bwe his portrait, painted by Mr. Brand, hung upon one ef the walls of the Court Toom, reminding those im sttendance of tho fea- tures of the eminent magistrate whom tucy must have often seen presiding with dig- nity as Circuit Judge im this district: Shortly after two o’olock Judge Bosworth moved that the meeting be organised under the prem- dency of Mr, Charles O’Conor. Mr. O’Oonor having taken the chair, Mr. Sidney Webster moved that the followimg., genilemen be appointed VICE PRESIDENTS :— James W, Gerard, Murray Hoffman, kd 3, Van Winkie, J. 8. Bosworth, Welcome R. Beebe, Henry Nicol, John McKeon, KE. 0. Benedict, Jona K. Porter, Henry EB. Davies, B,J. Veer, John Lyman et cls, Kernai nel Ham RD, Hubbard, 0. A Tomersell ti. E. Stougirtun. The motion was adopted, On the motion of Mr. 0. A. Seward Mr. Sidney Webster was appointed Secretary of the meeting. SPEECH OF MR. CHARLES O'CONOR, Mr. O’Conor then rose and said :— BRETHREN OF THE BaR—The great | er who for half a century has been practidully tie very life and light of our jurisprudenee has retired trom active duty, His illustrations of practical justice remain {or our enlightenment and will descend to posterity. In these—his gilts to man—the present and the future are Darneeren ss alike; but in some things we are exciusively his beneficiaries. Hia magnificent demeanor on the Bench wus a model of all the judicial graces. In. that a ee cry rincely bearing and lion front ina; every nest suitor with confidence, while it — lyzed the most audacious: guilt. These thimgs we have witnessed and will ever remember; but neither tongue nor pen can convey to future times an adequate portraiture of them. ‘These memories and the pleasure of con'‘emplating him in the serenely tranquil retirement which closes his great career are our own. ‘The op bee age of our jurisprudence, when Wells and Emmet ar- e causes which Kent and Spencer decided, ppily connected in history with all that is now Tecognized as best and pares by the! period wich. Nelson adorned. Patrio v0 pro easional pride: can hope for no more than it the rising lawyers’ of to-day may sustain and it to worthy sue cessors the great fame derived by their class trom such sources and through such @ noble chan- nel. (Applause.) ADDRESS TO JUDGE NELSON. Mr. E. W..Stoughton moved that an address be presented to Judge Nelson, and the following gea- tlemen were named by the Chair as the committee’ on addreas:—E. W. Stoughton, B. D, Silliman, Theo dore W. Dwight, George Giffard, and 0. Van Sant- voord; This committee soon prepared an address, which Mr. B. W. Stoughton, read, as follows :— To THE HONORABLE SAMURL NeLSoNn :— 81x—Your retirement from the bench of the Su- of the United States, after a judicial service of more than -nine ) is an event which the members of the Federal Courts commen which ‘ie , i : it il them st ling rthy am! thas inepiwd 8 rary excellence was high, and that to win your Spprovel a on this ead nave afforded to the Koncn, of this country an example by which the wisest and best of its members have profited, and by your long and spotless life as & magistrate you have added dignity and lustre to the bistory of our jai rudence ; for, while the tion and cor- ruption of the es of @ nation jet upon it an been asecustomed to your presence the Cone that they will never be quite yecomslio’ to ¥.. absence. They wili sometimes earnest), wi that you could have remained to them in the performance of their duties until the close of theif professional Nev all who now ress you will never cease tobe thankful that upon your retirement to your family and hom can be sald of you, as it was said oF Lord Mansfeld, “It has pleased God to allow to the. evening ot a useful and illustrious life the purest enjoymenta which nature has ever allotted to it, the uaclouded refections of a sugerier and ua bo Se caer ad Ete SE EO oe oe Be a