The New York Herald Newspaper, January 18, 1873, Page 5

TUE CITY COMPENSATED. Fhe Corporation vs. The Second Avenue Railroad. ‘The Proposed Extensions of the Road—Compen- sation Awarded by Commissioners’ Appointed by the Supréme Court—An Exhaustive Report—The Compensation Abated to One-Third of One Per Cent of the Gross Receipts in Oonsid- eration of Circumstances. ‘The three Commissioners, Messrs. Witiam R. Martin, Rufos M: Stivers and J. Nelson Tappan, appointed by Judge George C. Barrett, in the Su- preme Court, on the Sth of June last, to. spprgise and determine the compensation, if any, to be ptlud the city corporation by the Second Avenue Rall- road Company for the privilege of laying four bran, tracks, pressented @ most exhaustive report ata -meeting of counsel for the city andthe railroad company, at half-past three o’clock yesterday after- ‘noon, at 40 Wall street. After @ most careful analy- ‘sis of the value of the road, the value of the iran- ~chige, the fact of its belug @ border’ line yet, and after a comparison with the statistics Of, other roads, the commissioners conclude that 234 percent of the grog receipts of the city railroad companies for passengers would be a just ‘annual compensation to the city for the privileges enjoyed by them; that an investigation of other roads would lead to a higher percentage; that in- asmuch as the. proposed extension of the Second Avenue line is 26 per cent of. he main the compen- sation for these extensions, at the above rate, ‘Would be @5-100ths of 1 per cent of the gross re- eeipts. This, in view of the circumstances of the Toad, thee ommissioncrs have abated to one-third of 1 per cent. In the matter of the app! Avenue Railroad Coni| yy f three commissioners Iz the compensation to be paid to the Mayor, Aldermen and Commonalt; Of the city of New York for certain rights and Vileg anted said com! by the Legislature Biane State of New York, sad By an order in on, oor made at cation of the Second the appointment of cial term of this Court Hon. George ©, Barret! ‘yuatioe, on am 6th ay ot a 18) bf rpg otk iam R, Martin, Rufus vers and J. Nelson were appointed commlspioners to Appraise tantde. sera red on pe free « da: of sane, on sever jourm unt 21s! of December, 1872, ‘THE DECISION. L an agreement made the 15th December, 1852, between the ‘or, Aldermen and Commonality o! the city of New ork and Denton Pearsalland eight others gave permission for the construction of the road now known as the Second Avenue Railroad. It Umived the iare 0 five cents below Forty-second street and reserved power to the Common Council to regulate the fare for the entire length of the goad, when it should be completed to Harlem vers Others of the city railroads were in like manner thorized abeut the same tim aul 12. But it was juently decided in a litigation terminated by the rt of Appeals that ideation corporatic ne power to make the grants con- tained in se agreements, Davis vg. Mayor, £0, (December, 1866), 14 N. Y., 506. Milhau vs. Sharp (September, 1863), 27 N. Y., 211. The act of chap. 141, p. 828, by ita third wection authorized the parties or companies by ‘whom any railroad in any of the cities of the State had heen in part constructed to complete the same, ‘and to that end the grants, licenses and resolutions under which they had been in part constructed vey, confirmed. der the authority of this agreement and this the Second Avenue Railroad has been con- ted and operated. Coleman vs. Second Avenue Railroad Company (1868), 38 N. Y., 201, and others of the city railroads Fest upon the like authority. IL. By chapter 240 of the laws of 6 Second Avenue Railroad Company were authorized to make certain extensions of their road which are specified in the firat section of the act. By the thira section they are required to make compensation to the Mayor, Aldermen, and Commonalty of the City of New York for the value of the rights and priv- dleges granted by the act, and to ly to the Su- preme Court for the appointment of three commis- stoners, Who ate to appraise and determine the mount of such compensation, and whether the game should be iy annually or in a gross sum. Qhisis the duty imposed | us. Since we ap- and determine that company shall pay ‘Rot a nominal, but a substantial sum as compensa- eeane the greunds 1872, p, 641, the » there is @ propriety in upon which our conclusions are reached. Second Avenue Railroad, before the act of had tracks running from the nortnerly end of Second avenue, at the Harlem River, down the avenue to Twenty-third street, thence separating, and one track running down by Second sence, Dy Fersyth and Grand streets, by the merbyand Y Peck ip e East ham square, Pearl street and River; returning by South and Oliver streets, the Bowery, Grand and Allen streets and the First avenue to Twenty-third street, and by Twenty- third street to the point of separation at the Sec- ond avenue. i ‘The extensions given to them by the first section the act of 1872 are as follows :— 1, An extension from Chatham street through Worth street to Broadway, by double track. 2 An extension from Second avenue, through Astor place, to Broadway, by deubie track. 3 An extension trom Second avenue, through Ejighty-sixth street, to avenue A, and thence €y avenue A to the Astoria peg at the foot of Ninety- Rew _ street, by ey oa 4 tek extension by a le or 1 track from the Second avenue, at enty-third street, are the Second avenue, Houstog, Forsyth ana vi track m streets to Chatham square, with a side from the corner af Grand and Forsyth, through Grand, Chrystie and Division streets to fe some aide st 5. Some and single tracks around their sta- bles and car houses, iil. The various city railroads have laid their tracks u) the streets and avenues of the city, and by this 5 ah: gained the following rights, privi- and aavan' STiERE of way 2. This right of way over @ street or avenue These have been gained by the Second avenue road, and by many others, without any cost or ex- to the co! 8. pense m panies PL A aly on over & je! ae et has been companies e city Corporatio: That Corporation holds ae es ate in t) e streets and @vennes in trust for the public use. The land in thi street has been acquired by the Corperation oe such use, and has been paid for; and the cost as well as the expenses of grading and pat have been ny ig the Gy BS icinity, or it , in some instan a the city itself. gromhariat Iv. This right of way over a graded street has e. This is shown by the recent sale of privileges and itadchises for building a bait ar enty-third street, from river to river, for ger (Laws 1869, chapter 823; Laws 1872, chap- 621.) ese two mniles of road were worth what it would cost to build and equip ft, and that sam Deside. It was the calculation of the purchaser ‘that the profits of the road would pay interest on the whole sum, It is shown also by the recent sale of a like fran- (Laws 1870, chap, im 125th street for $67,000. 504,) oe of the city railroads the value of the fran- t the time the company was organized, or ‘the sum paid for it to the original grantees, was in- cluded 1p making up the amount of capital stock and bonded debt. The cost of laying a double track on a graded bed, and of the real estate and equipment, can be readily compared with the offi- Cial statements of the bonded debt and capital stock of such company. It will be seen that in many, if not all of them, this iranchise has been counted at a considerable sum; that hed the debt and capital stock largely exceed the actual cost of the road, land and equipment, and that this ped Op brnicled cy oved nes it represents the over Rei, pel Cost, and that is the This wiil continue to be the case after adding to the cost of laying the tracks at the outset, the ex- pense of the purtial reconstruction which has been made necessary in many cases by the of gtades and the building ot sewers, V. This fact seems to be fundamental. The rail- RG com, \y receive @ right of way over a graded Ii the company were obliged to purchase a 4 of way through private property in this city, the cost would be so great that surface roads by horse power could not be run profitably. Outside of cities railroad companies Tights of way, and own them by.an estate for which they pay, and which gives them an exclusive en- mi at im the city they receive {ton @ street which the city corporation hold for the public use, This blic use was construed in the People vs. Kerr ), 227 New York, 188, bronaiy enough to include one of these ratiroads as a pubiic use, though this construction has since qualified, The railroads in this city to in some respecta a public use. So Tar as they are Not a public use, but take and hold for an exclusive eave, and thus boron | a beaten, on the a6 and print r the paymen' compensation by them. gn mp it they construct and operate their road, be- this qualified pablic use, also for their own Profit. They take posseasion of the ew use, in accordance with and pg and enlarging the public use, and also by £ e it and practical operation of the thing, be- lng in some respects an exclusive use and serving to enrich a corporation. ‘They obtain their righta and privil way y d for them, and this 8 over & ht of way have no estate which entitles them to this compen- NEW YORK HERALD, SATURDAY, JANUARY 18, 1873.—TRIPLE SHEET. Zt varue and tgveckoned as 8 material element in tranchise, er what they thus rece ive it'is Just that they make compensation. ort For witat, they the city corporation anon! recelve compensation. was held inthe case of the People vs. Kerr, above cited, that the estate of the city corpora- tion in the s:reets was not of a character to be pro- tected by the constitutzonal limitations upon the UB Simnigut give to a vaiivoad company the Hie Co ve company the 1: 0 cgasizert aid operate a road upon the streets, and at the city Wn abypsnre were boy Papeete vio penaation neder proms e constitu whic orblis the taking of private property for public ag without just compensation. It was sie held, that. the interest in the use of the streets é¢r the ownership thereof was publict Juris, and thatthe: eas regulating such nee was ves ed in the ture ag representative of the and that the Legislature had power to autho i ies the city railroads to ract & traek on the areets without the consent of the mu- Bieipal corporation. ‘This doctrine proceedea on the ea Los construction of a railroad in the Street was 6 gppropriation to public use. gi Salva dich aniee'rort i war bel * lew Yor! W ‘that the coneructda ef a Morse. Fauiroad in Lao avenne, in ir, Was an Printion of the highway fet ernew'and aistunct bur. pose entirely ‘orale. roma tte original opject and ‘Which entitled the owners to compensation. ‘The owners in that case were the owners of land Dounding on the street, seized tn fee to the centre of oe Btreet, subject to the easement of a public was held to be an additional and that the rail- pany tothe use of their tracks while the cara were ing, which precluded othet vehicles, and that this was incon- sistent pour Bablio,cneoment. ‘This coneianion was reached by applying the rules estabiit reference to ween rallfoads to horse railroads without discrimination except adifference in de- gree Of use, Although a of the dissenting opinion in that case will leave a doubt whether such a doc- trine would be appiled to horse ratiroads in the city of New York, it may be ied a8 a rule of law that a horse railroud in a city is a need and to sume extent an exclusive use, & bur- den upon the owner of the fee, andentitling that owner to compensation. Tn the case of the streets of the city of New York, the owners of the lands bounding on the streets burden sete fee, on the Toa com| tad ‘an sation or of it. From them the city has acquired anaes in fee, in trast for the people of ‘the State, ‘that the same be Sppropriated and kept open as public streets forever.’ e power of regulating the use of the streets, including railroad grante, is vested in the Legisia. ture, and the city corporation holds its estate sub- Ject to this power, and because their estate is so Subjected they are not entitled to the compensation provided for all other owners. The Legisiature, theretore, in making new grants to city rauroads may, a8 in this case, impose as a condition that compensation shall be le to the ea corporation, ‘ne city corporation thus has a clear and dis tinct le; Teh % to compensation—for the new burden imposed on the fee and for the exclusive use taken in the construction and operation of a horse railroad, and algo on the ground that they have, at theirown expense, or by a local assess- ment on the pro pe y bordering on the street, ‘aded and paved it, and thus napplled, the railroad company with & led _road-bed; and that this has pecuniary value, and is s material portion of the value of the co! "s franchise, . This estate of the city corporation in the street in trust for the public use is property—valu- able property. In its graded state it has cost some- thing, and has been for, not by general taxa- tion, but by municipal assessment. Upon this graded street the ratiroad Ceo nag base @ Valu- able easement—a right of way mm the people through the Legislature. It is not a gift of the people, for it wae not made at the expense of the people. They char the railroad company to Make compensation to the city coporation. VIL By the construction and operation of city railroads, the companies on the one hand and the city cor tion and giv ager on the other, gain many advantages im th mature reciprocal and compensatot ry. A Ponventeht transit through the city is gained for the people. This is of the greatest consequence. The growth of the city in trade, population, wealth and taxable property depends upon it. This growth tends to bring the whole island into occupation, and benefits not only the owner of vacant land up town, but of pared, land down town, for it increases the taxable value of land up town.and diminishes the burden of taxes on the down town owner. It brings all the land on the island under taxation at values, instead of leaving the land down town subject to taxation ‘at high values and that up town at low values. But this convenient transit attracts population to settle along the linesof the roads. The popula- tion becomes dense and rears + increases the through and the way travel om the railroads and enhances their profi In some streets the travel, other than the cars, is impeded, and access to the sidewalks and houses from the carriageway is embarrassed; but com- pensating advantages are found in the increase of the travel and its effect on the business of the street and the rental value of its prowertdy The ordinary police protection given to these by the municipal government and the re) of the injury suey, occasion to the pave- ments are not to be considered in fixing this com- pensation. The rails bear some of the travel which without them would wear the pavements, and these are matters to be compensated by the annual taxation. There are other causes, such as internal {m- provements and improvements on the city berder: which will promote the F Phakon of the city, an these will also mecrease the number of passengers on city railroads, The opening of the channel at Hell Gate and the bridge now being built over the East River are illustrations, IX. The following points have been considered in their bearing on the principle and measure of com- pensation :— 1. That the rate of fare 1s limited by the people at am amount favorable to themselves. The parallel roads through th® city are not left to free competi- tion for travel, but low rates of fare are fixed. Obviously a scale of-fares go low that it iacheaper for a man to ride than to walk is greatly in the in- terest of the people. It is one mi tion by which the people derive If there were reserved power to make a further reduction of fare for the good of the people, so that this reduction and the compensation we are con- sidering were two ways of reaching the same re- sult, a serious gee would be ted. Be- tween the two the former mode of compensation might F siphng But it does not appear that this power not been fully exercised. There is no reserved right further te reduce the rates of pas- senger fare. Taking it, therefore, at its present je, the railroad companies are making money; their net profits are sufficient to pay am interest onan amount of capital and bonded debt large hh to include something for the value of the 2 That the construction of lines of steam transit on this isiand will injuriously affect the surface roads, and those particularly on or near the lines of steam transit. Tt must be regarded as indisputable that the im- mediate result of steam transit would be to fill up the island with population. A dense population ‘willin due proportion increase the way travel on the surface roads. It would interfere with and take away the through travel, but the way Saved which ts the profitable of the business, woul rease with the density of the population. ven in the case of & horse railroad on an ave- nue along which there ran, elevated or under. und, @ line of steam transit, that line would Straw to itso much travel that the character and business of the avenue would improve, and this would increase the way travel. If an elevated steam road were to be built along the Second or Third avenue, which are now prin- cipally valuable for business purposes, the way or surface travel would in time tend towards the avenue which was the line of steam transit, for the reason that it, between the two, would become tue main thoroughfare and that the main thorough- fare would supply the best way business. 8, That the use of the same tracks by other roads decreases the business of the first road by the com- petition, and diminishes its value. t of one road to use its tracks is limited by the t given to other roads to run over the same tr: or on @ parallel track in the same street on a part of the route. When this competition ts rminal point of @ road and the two roads on parallel lines, it may seriously diminish the travel on the first road, Such is the case with the Second Avenue Rail- road, and consideration must be given to the fact. In other respects these points have no controlling force on the question we have to decide. X. The general franchise of a railroad company includes more than they receive from the city cor- ration. It is the sum oi the powers a corporation fas ot accomplishing ita pur and of making money, subject to the du! jposed uponit. On eral principles of public policy a discrimination f'to be made between the ageregate value of the franchise and that portion of it for with they should make compensation. The public conveni- ence and advantage are a motive which the Legis- latare in granting these franchises, and the just rofits of t whose energy and forethought es- ish them should not be interfered with. ‘The whole value of the franchise, as determined calculation of th ey of acity railroad and thence of the worth of its capital, and by deductin, therefrom the cost of its construction, lands an gaulpmeni is not to be taken as the guide to the e rmination of this compensation. XI, Where a Pallroma company’ acquires a right of way by YE they pay the marxet value of the laud; they pay @ rent measured by percentage on such value, The occupation of the streets by the city rail- roads ‘is in the mature of the perpetual lease 0! a Tight of way, or for a term as long as their charter endures, for @ mixed public and private use in common with all other public uses, and yet in some Tespects an exclusive ase and @ burden on the land. ‘e must appraise the value of such an occupa- tion in determining the com; tion. It should be in the form of an annual payment in the nature of arent. It isin accordance with the best policy of @ municipal administration to have fixed sources of annual @ rater than acces- sions of capital. ‘This annual payment, in view of the term and | time of the occupation, and of the progressive | growth of values, should be variable from time to time, as is eustomary in leases, and not be | fixed at the outset (or all 0 ure, ‘A Drober measure Would be # percentage on the | The exclusive Profits of the company, or rather, what would be practicaliy more conyenient and equally just on its Bross receipts from travel, The annual payment would then accord with the company’s business, and would keep in proportion to the value of the franchise and to the private gain and profit of the 1. If @ general rule,were now to be applied to all the raliroads in the city their statistics for many years past serve to show what would be just porvees them and the city and not burdensome to m. We have at hand the statistics for three years past, and they show these facts ;— eam woo Et 9.20, pet Bq [81}02; i-3 Fi > < 5 8 ‘enueAV UIX! Te 30911§ puodes-s: i em ptolg 388q 488q PNG YIION ‘RI 4 WON PUB I0aI)g 1240201 iD eo 4 z § Tiprseesseesenvssssessesee eee oes BBOR, oar ze ‘LTS 996, ‘208 ‘009 ‘000' ‘eze$ — [o00res‘1$ ore ‘SOT S08 "896/060 219, ‘ose TSF S29 “ost es Feo'Sel, 1ee'S19 20°69" wos sxdwood ‘t Lg pup "269'S1F PLS "928 °0SC$ 198°S67‘Se9 zz'960°S90'SS [eere‘zor'es 'F6°6F8‘90T 19° icp-e60'Se9 52060087 {5 T#°B08‘809, 108" \98"E08'9ST ¥ 98 SF 10"B99" 9S E La 8 Se LIS ‘00's 098s ‘886'L 1000's96 ‘006'T ‘569° “wad papuod| +96, |000°S02‘T pup woos waydv9 028° oze: 1000: 1001 ‘000: ‘oor’ }000°F6S TS 5 3 S)ezeebeg ag|§9a)3 sleeheste SRE IdH | slgsssene sesh? Elgspsuce gal id | =I: }000°S0z‘T (000‘002's 1000‘000°T 1000‘980'S ‘1S0'S. S96 /000'F6s TS “ed_pepucg' pup yous: rong 1000'006‘T |00F‘F69'°T 009 ‘p98 j000' 6za'9$ ozs ear‘ers = peegnge ac8) iyi\ 2 2) 888e8b8 823 ii P sl exsases 283 ry ” s|rpepees esf|¥e 3) ESEERES 822) 7 g SSssRss E88 ‘There area few instances where compensation has been fixed or attempted as tollows:— 1, The case of the Dry dock, East Broadway and Battery road, where a provision was made for the ment “of five per cent. of the net proceeds of he cars run thereon into the treasury of the city yearly.” (Laws 1866, chapter -_ 2, The case of the Avenue C Rallroad, which was required to pay $1,000 annually. (2 Laws 1868, p. 8. Ihe case of the railroad in Twenty-third street. The purchase at $150,000 is equivalent to an an- nual payment of seven per cent thereon—$10,500, 4 The case of the railroad in 125th street. The purchase at $67,000 is equivalent to an annual pay- ment of seven per cent thereon—$4,600. 6. The case of the Gilbert Elevated Rallroad Com- pany (Laws 1872, chap. 885), which stipulated that he Commissioncrs named In the third section of the act might fix the compensation to the city, but no ne under this stipulation has been an- nounced. 6. The case of the Harlem Railroad Company, whose extension is made subject to a provision for compensation. (Laws 1872, or .) From the official statistics of the several city rail- roads an approximate estimate might be made of the value of the franchise in each case on the prin- ciple stated in section 4, A calculation of the pe- cuniary value of what the city gives, the right of way over a graded street, and the surrender of the street to a burdensome and somewhat exclusive use, might not produce & result in figures to be Do bi witn entire satisfaction. The proportion this would bear to the total value of the franchise would be indeterminate. Itis obvious that, apart from such minute or exact calculations, a just appraisement on this juestion must include @ consideration of all the facts and principles which have been stated ana of all the proofs and allegations of the parties, which have been fully and carefully laid before us, and ably and fairly presented in argument. The range of evidence been broad, and posing bearing on the general question has been exclude: From such @ consideration we have come to the determination that two and one-half per cent of ‘the gross receipte of the city ratir companies for passenger travel would be a just and fair nual Vi dope to the UR Solana aa) a Len Tights and privileges an y them. This is the miata Tate. If a decision as to afl the railroads had been required, we can see that our investigations might have led to a higher percen: TIL, Athongh we are not called on todecide this ease broadly as we have above stated ii & survey and examination of the facta an principles that bear on all and each of the city railroads, and such & conclusion as we have reached, have been necessary in order to apply a just measure to the Second Avenue Railroad - Pat would be unjust to apply to them a rule that did not in principle apply equally to the other city railroads, or & measure of payment that did not meet the facts common to them all alike. On both sides the case has been presented to us in this IV. The compensation to be determined is for the value of the new extensions of the Second Ave- nue road, and not for their main line. ‘There is room for difference of opinion whether these extensions are more or less important and valuable than any other portion of equal length of their main line. At two places down town they lead to ee main central thoroughfare of the olty, and up town to an important ferry. They will not be ram as branches of the main road, but cars running over the main line will diverge down town—some of them to Astor place, some to Worth street and others to the East River, and likewise diverge up town to their two terminal points on the Harlem River. The ruad has heretofore been, in fact, a berder road, running from the East River at Beck slip, where it passes several fe Jandin; Bp blens the east side of the city to the Harlem River. Alone ofall city railroads it does not ap- proach or cross Broadway. The two lines which Tun parallel with it on the Third and the Fourth avenues both start from Broadway, but do not con- nect down town with the ferries. These extensions down town bring this road to Broadway, and give it ashare of the travel from that thoroughiare, though not at very valuable points. When these extensions are operated by the com- pany it will not be practicable to discriminate be- tween the receipts from the extensions and those of the main line. A proportion must therefore be determined between the value of the extensions and that of the main line, a value made up from the Telative cost of construction and profits of opera- tion. é ‘This proportion will be most fairly arrived at by taking the length of the extensions and the lengt of the whole road, and holding the value of the ex- tensions to be the proportion of their length to the total length. This results as follows:— ‘The main line has of double track The main line has of single track Equal to double track.. Total length in double track..... ‘The extensions have of double trac: The extensi have of single Total length in double track. Total length of road...... ‘The extensions will be twenty-six eng un company has had sincé ite organ . company ce ite ization Jeas business and smaller profits than some of the other city roads. It has had along tine ane a arse tion, and @ route nos ter: wparee end at any’ great. city centre, nor toucki its main central thoroughfare, Broad ‘and i pea ee. aor pp or Broadway phy tb ting and suecessful roa ‘This compensation ia to be awarded against th’ road alone. Gut of all the city raiiroada, with exceptions above stated, none are subj to this payment, nor are they liable to pensation, unless tify hereafter obtal | their roads or renewals of their contracta or charters, and it should be then imposed as a condt- thon, ‘Ye rale should be appiled against such @ , willbe company with more moderation than it would be if all were to make @ similar payment. Upon the measure of compensation of two ang a half per cent as 4 just rule for all companies, the amount churgeable upon this company for its ex- tensions, upon the Dropes en ol twenty-six per cent between them and the whole road, would be 65-100 Of one percent on its gross receipts from Pat frou, this, for the at from this, for the reas above stated, we are inclined to make an Abatement. i XVI We therefore appraise and determine that the Second Avenue Ratiroad Company, in the city ot New York, shall pay annually, on the ist day of November in each year, commencing on the 1st be 4 of November, i874, to the Mayor, Aldermen Commonaiity o1 the city of New York, one-tuird Ol one per cent of its Py receipts from passen- ir travel on ita road for the year ending on the September preceding, as compensation for the rights and privileges granted and authorized to them under and by virtue of the act of the Legisia- ture of the State of New York entitled, ‘An act to @uthorize the Second Avenne Railroad Company in the eaty of New York to extend their tracks and operate the same,’’ passed April 16, 1872; and for present fractional year, ending ‘on the 0th of September, 1873, the Second Avenue Railread Com, y shall ‘pay to the said Mayor, Aldermen and monalty on the let day of November, 1873, the sum of $1,000 as such compensation. ‘ MRS. WHARTON. Mrs. Chubb on the Purchase of Tartar Emetic—Dr, Williams’ Testimony—His Belief tnat Strychnia Was Adminis- tered to Van Ness. Bartrmore, Md., Jan. 17, 1873. In the trial of Mrs, Wharton, at Annapolis, yes- terday, the direct and crogs-examination of Mrs. Chubb was continued and concluded, The princl- Dy portion of the testimony o: this witness re- d to the putchase of tartar emetic by herself at the request of Mrs, Wharton at the time General Ketchum and Van Ness were lying ill in Mrs. Whar- ton’s house, and was @ reiteration of her testi- mony @n the former trial of the prisoner, Dr. P. C. Williams was the next witness, He attended General Ketchum and Van Ness during their iliness and was one of the most important witnesses on the trial of Mrs, Wharton for the mur- der of Ketchum. In his testimony yesterday he detailed the condition in which he founa Van Ness when first called to see him at the prisoner’s house on the afternoon of June 2%, 1871. Witness found Van Ness lying on the floor, his body and limbs very rigid, hig head thrown back, and having Frequent convulsions, The Doctor gave @ minute description of the symptoms of the patient and the character of the treatment. The patient was parttally relieved by tne administration of chloroform and chloral. The condition and symptoms and treatment of Van Ness were very similar to those of General Ketchum, as testified to by the same witness on the former trial. ‘Witness stated that Van Ness was so much bet- ter Sunday morning that he concluded to withdraw fromthe case, leaving the patient In the hands of Dr, Chew ; next saw Van Ness on Tu morn- ing, about one o’clock, when he found him much worse > hig voice inaudible, igor feeble, much nauseated, and go debilitated that witness was startled at the change; im reply to.a question from witness as to the cause of this sudden attack Van Neas replied that he had taken beef tea, which leit @ metallic taste in his mouth, followed by a sharp burning pain in the throat, which extended to the stomach. Witness then detailed in full the symp- toms attending Van Ness, the remedies applied and his partial recovery. At ten o’clock Tuesday morning his professional relations with Van Ness manets ‘and he was left under the treatment of Dr. W 6 W. In reply to a question from the State Attorney as to the cause of the condition of Van Ness on Saturday afternoon from hii ual observation of symptoms, &c., witness replied :—‘‘My opinion is it Was caused by strychnia, a fatal dose of which is from half a grain to agi 9? In reply to a question trom the State Attorney as to the cause of the condition of Van Ness on Tues- day morning, the witness replied :— “I can account for that condition in only one way—that it was the result of an administration of tartar emetic.” A cross-examipation of Dr. Williams was com- menced, and before it was concluded the Court ad- journed until to-morrow mor ning. The court room was thronged’ throughout the | day, many ladies being present. THE SCISSORS WAR. A Cuban Patriot Annoys a Spanish Edi- tor in His Editorial Privacy d Gets Badly Cut—The Row Originates in a Charge that Some Cuban Oficérs Have Sold Their Country to the Proud Cas- tilian—General Jordan vs. Ferrer de Couto. A short time ago the Spanish newspaper in this city published an interview in its columns which ‘was reported to have taken place between one of its reporters and General Jordan, in which the latter was made to say that the Cuban insurrection was practically at an end, and that the prolongation of the struggle was useless. General Jordan, who was and is a strong sympathizer in Cuban independence, having dis- tinguished himself at the head of tne patriots in Cuba in many a well fought contest, naturally re- sented the false coloring and wilful perversion given to his words white in conversation with the said reporter, and wrote a letter requesting that a correction be made as early as possible in the Cronista, No attention was paid, however, to the communication, a copy of which was published, however, subsequently, in the Cuban organ in this city, La Revolucion de Cuba. General Jordan then wrote the following letter a few days ago to the Spanish editor :— To Mr. Joss Fennen px Covro:— Sia—Your, Felusal to print my studiously courteous cor. rection of the statements made by you in your journal touching the interview had with me, by one of your peg te) T am obliged to characterize as an act of bad faith. 1 was disposed to look upon the errors in to question as the result of a misunderstanding; but now I oom ony, regard them as deliberate in their misrepre- sentations. ‘As for your pretension that the ver which Spencer aie ae we chat would take invo my con: whom I chanced to meet—one ‘a jore—and impart to him views or wi contrary to Thave been nd writing over my own sig- Bae cies Somes meee, ea m0) a ay as wel sal a pore — Ty of y dine in this rl our rven' es bideaadet THOMAS JORDAN, In reply to this letter the Spanish editor, under the heading of “Rectification,” published # report, telegraphed from Havana by the Associated Press, in 1869, to the effect thas General Jordan had offered to sell the patriot forces to the Spaniards when General De Rodas was Captain General of Cuba, When General Jordan was shown a paper containing the above mentioned statement he wrote to General Rodas at Havana and challenged him to produce his evidence for ailowing suc! slanderous statement to pass bea the censors office and be telegraphed on to the United States. The letter, it is reported, reached the hands of the Captain General, vut no reply was vouchsafed. AN AFFAIR OF SCISSORS. The editor of the Spanish per took occasion, however, to send a letter to General Jordan. That gentleman, upon reading the address, recognized the Nanawriting, and, smarting under the insults received at the Spaniard’s bands, resolved to re turn the letter to its writer unopened, which is considered one of the t insults that can be offered to @ Castilian. @ person selected to carry out this mission was a Cuban gentleman who hates the Spanish race with tmtense bitterness named Alberto Fernandez, and a friend of Mr. Ponce de Leon, and what ensued has been told by him to his Cuban friends as follows:—‘‘I enterea his editorial room and told him thatl was the bearer of an unopened letter of bis addressed to General Jordan, Mr. Couto got very excited and refused to receive it, and, seeing that he was be- side himeelt, I left the room for @ few mo- ments till he had cooled down. I then returned and in insisted that ne should receive the re- turned letter from General Jordan; and, to facili- tate matters, should it suit him, f offered, as & joke, to open it. This would not suit him, tor by this time he was in a rabid state of anger, and Veer) pair of scissors he tried to stab me in the face, but, fortunately, for me, merely inflicted a slight wound. Meanwhile I had thrown the letter at him, and, being unarmed, left the place. 1 have not done with him yet, and he will have legal cause to remember the scissors tragedy, I used some very choice epithets tow: him, of which Spanish spy and coward were amor e_mildest.’’ tt fs reported that General Jerdan intends ta rosecute the Spanish editor for libel. What the yuban will do who is still suffering from his that affair. ART MATTERS, Leavitt's Art Gallery Last Svening. Last evening @ private view was enjoyed, at Leavitt's Art Gallery, No. 817 Broadway, of a small, but interesting and excellent collection of @aint- ings belonging to the late Mr. Joseph H. Higgin- son, of Brooklyn. It is the largest collection of paintings by American’ artists that bas been on exhibition for sale in this city since Mr. Avery’s memorable American budget was disposed of, Almost all tne contributions are by American artists, though there are a few foreign ones. Abouta dozen pictures have been added to the original stock. The gallery will be thrown open to the public this morning and remain so until next ‘Thuraday, upon the evening of which day the sale will commence, terminating on Friday evening, January 24, There are 180 paintings, exclusive of those which were aaded, Among the most attrac. tive are the foliowing:— “You Can't Have Them,’ by'S. Jy Guy, extremely rich in color, and representing a little girl leaning with one hand on a rock and with the other hold- ingabunch of flowers out of reach of a fawn stretching after them. The little one’s naked shoulder is shown by the fallen chemise, and the playful earnestness of her face and figure contrasts delightfully with the demure wistfulness of the timid animal: This picture is the gem oi all the Guys to be found in the collection. David Johnson’s “Fisherman’s Haunt” shows & secluded nook in the forest, full of the grays and greens in which Mr, Johnson delights, with a lonely fisher plying his rod in shadow-skrouded water, “The Rainbow” is another bright bit by Guy, con- taining those effects of light and raindrop, the slanting shadows and the uncertain radiance which spring from & summer Storm, The genius of Church is powerfully felt in “A Passing Storm,’ in which the hush that settles upon landscapes expectant of a tempest is won- derfally expressed. A huge jutting crag catches a solitary ray of light; the storm clouds are piled together with a massive enérgy, and the picture is pervaded with that sombre self-repression and that ynrid galm which are so frequently to be asoribed to forest and river over which a storm is brooding. N.S. Mount’s “Poser,” representing two rustic workers, evidently nonplussed by some problem suggested by a mischievous boy, while a negro chuckles enjoyably in the background, finds place here, A melancholy interest attaches to the late J. F. Kensett's “Near San Francisco,” full ad it 1s of the breadth and freedom, the sense of space, the close study of nature which that gifted artist's work so frequently indicates, Brevoort’s “Sunset in the Street” lights up what Bight bea Spanish or a Havanese thoroughfare with red‘and yellow radiance. A. T. Shattuck has some finely painted sheep. The sheep are individualized, and the artist has succeeded in the by no means easy task of making the wool resemble what it was intended to Iike. F ven aquiet poetic amplifica- J. W. Casilear hat tion to those lines of Byron, Above me are the crags, the palaces of nature. Brevoort is again: representea in ‘‘An Old Ruin, Hampton, N. Y.,’’ crowded with greens slightly tinged with the breath of early Autumn, and unit- ing to form a rich yet sober ensemble. ecard (& name not often seen now-a-days and one of the few foreign contributors) is visible in “Le Bercean,” which ts peculiarly rich in color, the Ted curtain, the fowered paper and carpet, and the camel’s-hair shawl of the lady beside her child’s crib forming Crete ee lh 63 8S. R. Gifford’s “Derwent Water,” is very sweet, containing a pranaparent stream of water impris- oned among the hiils, V. Nehlig’s “Othello Relating his Adventares” is pleasant specimen of colorfand full of character. “Haymaker’s Ford,” by A. F. Bellows, ia not they less captivating for being extremely English. It has a Tennysonian richness, sweetness and tenderness. Bradiord’s “Coast of Labrador” brims with that golden light which at once takes captive the av- erage observer, and sets him speculating on the cause of the artist’s London triumphs. The original of D. Huntington's “Mercy’s Dream”’ is interesting quite as much from its associations a8 for its artistic value. Kuwasseg ia represented by two companion pic- tures, contal wonderful, as well as wonderfully beautiful, blue skies, and many of those charming accessories to which we reterred a day or two ago in mentioning other pictures by the same artist, Gifford’s gem is considered to be “Mansfield Mountains, Vermont.” It represents that portion of Mansfield Mountains called “The Nose,” from the summit of which a circle of thirty villages may be traced; reproduces the innumerable lovely tints of mountain scenery corruscating in the sunlight; ia brilliant and warm in color and at onge attracts the eye and invites and rewards spar. Inness has three fine pictures, the contemplation of which produces that repose which Carryl’s music is figuratively said to have oe In “The Crusaders,” by Neblig, the sombre pic- turesqueness of the medisval pilgrims and the raw dampness of dull, early morning are remarkably well shown, effective painting re- L. E. Wilmarth has a vei presenting Nathan Hale a little before his execu- tion, The. hands are inted into eloquence. ‘There isa Phystognomy of hands as well as of fea- ture, and Wilmarth, in those of his hero, has Crnressed the warring motions of a despairing and generous soul. ‘The touch of William Beard is observable in a very delicate and graceful little painting repre- senting antelopes standing in various attitudes in shallow water. George H. Hale has a well painted vase of dowers. The waxy texture of the camelias is particularly wounds remains to bé seen; but he states that he will be revenged for the cowardly attack, come what may. AN OCEAN STEAMER BEACHED, The Arcadian, of the Allan Line, Cut Down by Ice and Ran Ashore. Battimore, Md., Jan. 17, 1873, Tne steamship Arcadian, Captain Wilson, of the Allan line, which left this port on Wednesday last for Halifax, with 1,250 tons of coal on board, was stopped near Fort Carroll, eight miles below the city, from obstructions by the ice. Yesterday after- noon tain Wilson, discovering that the ship had been cut through by the ice, attempted to bring her back to port with the assistance of the iceboat, but finding it impossible Acadian was beached about five miles below the city. Her fore hold is fall of water. She lies in a favorable ition, and ly pumped out and good. There is @ remnant of S. T. Lawrence in a por- trait of Lady) elten, one of the many favorites of Be the Prince ent. The lamental leath of L. R. Mignot lends an additional interest to his “‘Sangay Volcano and Falls of Pastozo.”” “More Frightened ‘than Hurt” is a cunning little gem by, P. feat: William Hart has few pictures. One of the more Noticeable ts “Midnight,” showing the effect of obstructed moonlight on a murky ocean. E. Lemmens’ ‘Farm Yard” gives beauty, not to say poetry, to the dunghbill. @ chickens are de- iclously painted. The sense ot prolific, picturesque wealth is indi- cated in the ricl grouped trees in A. Barland’s “Near Al wen ny.’? T. L. Smith is poverfal in a Winter scene repre- senting skaters and a frost-bound earth and sky. The picture is named ‘Glentda Lake, Putnam county N. Y.’? D. Hunti "8 “Introspection,” by Lone mis- taken for @ portrait, offers a woman’s face charac- terized by fine sei llity, a certain degree of sen- suousness, and the pensiveness generated of too intense a self-consctousne: A balave instance of patient pre-Raphaelitism is afforded ina picture by R. J. Pattison. It is as cooling to the eye as the conyentional ‘‘cool, sparkiing soda water” to the parched throat in the 0g. ays and the painting is wonderfully, almost pal afnfu iy, elaborat yon has a water-celor drawing of an old ye, with boats and figures; and there isa trifle by ire, representing a little boy holding up his foot for his sister to fasten his shoe, Trifle as this latter effort LA , it is not frivolous, bat grows upon you with its unconscious, sweet simplicity. ‘There are at least a dozen pictures—mostly chil- dren—by J, G, Brown, Perhaps the best is “The Smile and the Frown,” represen’ @ good- humored little child trying to pacify another child, much smaller, but evidently in the “tantrums.’? Frére’s ‘Jeune Fille Préparant une Robe de Bal”’ is fail of those accessories with which Frere ekes out his stories: and Francois Rivoire has some very gzapiatiely, paintea flowers—among the finest we ve seen. THE BURNED CHURCH. Loss by the Destructi of the First Congregational Church in Chicago. On10AG0, IL., Jan. 17, 1873, ‘The total cost of the First Congregational church, which was burned last evening, including the organ, which cost $14,000, was $170,000. There is $95,000 insurance on the building, distributed as follows :—Underwriters’, $11,000; London Assur- ance, $10,000; German-American, of Hartford; Western, of Toronto; Home, of New York; Howard, of New York; National, of Hartford, $5,000 each; Girard, of Philadelphia; St. Paul, of New Orleans, and Mutual, $4,300 each; Continental, $4,000; Fair- field, of Connecticut, ie The remainder is in Western companies. There was $8,000 insurance on the organ, divided among eleven companies. The parsonage ae the church was saved, ‘The pastor's val of 1,000° volumes, which was im the study in the basement of the church, was also saved by the fire patrol. ‘The cause of the’fire was a defective flue. Ata meeting of the trustees of the church last night, immediately after the destruction of that edifice, it was resolved to @ke immediate steps tor rebuilding. THE PATERSON WEAVERS’ STRIKE, The Silk Workers Agree to a Proposit! for Forty-five Cents a Yard, and Will Resume Work. PATERSON, N. J., Jan. 17, 1873, ‘The strike of the silk weavers was ended to-day, after two months’ duration, The weavers stru because their employers proposed to reduce their wages from fifty cents to forty cents per yara jor weaving plain goods. The Messrs. Tilt, the largeat weavers in the country, to-day agreed to pay the men forty-five cents per yard, and other employers to pay torty-six cents per yard. The men agreed to go to Work next Monday On those terms. 5 CREDIT MOBILIER. Proceedings. of the Wilson Investigat~ ing Committee. Continued Examination of Themas C. Durant- No Member of Congress Employed as Counsel by the Credit Mobilier—More About the Help to Harlan—Congresamen Not Bribed, Directly or Indirectly— How Dividends Were Secared— Construction of the Road. Wasntnarton, Jan. 7, 1873, ‘The Wilson Select Investigating Committee met’ at half-past twelve o’clock, Hon. Mr. Perry, of Cincinnati, the counsel employed by the govern- ment, was welcomed by the committee and took his seat’ at the table with them. The chairman said he had recetved@ from the Secretary of tne In- terior the report of. the government Commission- ers, in which the Wyoming coal contract is. disv cussed, and also the names of the government directors of the Union Pacific Railroad, from ita organization te the present time. TUB RXAMINATION OF THOMAS C. DURANT: was resumed ;— ! He sald it three handred shares of stasis Oates Renee ty ie rodit Moblliet was to enable him to carry out ac! existing contracts; RO NAMES WER! heal ! of those to whom the stock was to be delivered; as to: of. the stock Ames now held it was the pur. pose ot to ascertain by suit, which he commenced against Ames; all the stock held by Ames’ drew dividends; the boo! ow the profits wera: Maloun are in. the, band of Oliver 3, the hooks show the precise expenditure and profit. nee ory the government counsel, ‘also: took part im exam! ' ‘witnens, 1 ftirther: testimony, sald tt was one the requirements of the organiza‘ion that statements dividends should be made out; witness , DID MOT CALL 70 MIND ANY MEMBER OF CONGRESS EMPLOXED( 43 COUNSEL wee, Crédit Mobitier; he himself employed the Hon. r, Jenckes in some suit in Rhode Island; did not know whether Mr. Jenckes was a member of bh i> at time or not; General Batler came. with Mr. John B. Alley at the stockholders meeting in October, 1867; also representing. Oakes Ames in the preparation of. tho, tripartite agreement, 1 ‘ In answer to the qaestion whether any how much wit ‘of ‘MEMBERS OF CONGRESS WERK STOCKHOLDERS ) in the Credit Mobilier, the witness answered there wérey and that the books would show among whom dividends! were rut ‘ ‘The Chairman asked witness whether the Credit Mo- bilier or the Union Pacific Railroad, or any person con- nected therewith, had furnished any money with a view, otsecuring the election of auy member of members of} Congress? The witness answered. ri Case, } .¥ ONE 5 reheat ga nee cy ie Ran Metco, TLDS Oaseeetindea he maner Were IF. t that ti he thought, Grer to the Otedit Mobliier; the checks were drawn ong) bank in New York, but he did not know what peaks 8 he had accounts in several banks there; the con! of the money was voluntary on his part; previous tox, HARLAN HAD ASKED HIM TO CONTRIBUTE sowernina, and he did contribute, as he had large interests in owas; ondy as a personal iri UE ete Chairman—Wasitto ald him in deing clecte United States Be ? A, It was to ald in nator Bta election; I wanted to have Senator Harlan elected; I did! not tell him the motive of my contribution; I had a larga interest In Lowa; THEY, WERE RATHER CROWDING XE— ) by which ‘I mean I had some county bonds, to the pay’ ment of which some ot the candvaren Ot the Legislature, ‘were op} 3,1 was satisfied that Harlan should win, Witness was interrogated at length as to the payment of the general expenses of the company by him, for which he) aye vouchers; some of the money was paid to counsels, § B, Stewart, of Washington, yot $100,000, and Alexander’ Hay $75,000 or bey rengs ey were ng ey in making arrangements for the Union Pacific Railroad Company” with the Leavenworth and Pawnee Railroad Company” and settling other disputed matters; they were NOT AUTHORIZED TO USK ONK DOLLAR TO INFLUENCE LEGIS- LATION directly oF indirectly ; witness cave the money to Stew- art and Hay to pay over fo Pearson, who was pecunlarily’ ioterested in me R prremeror te and Raynes Beitr 1 hey gave witness vouchers or receipts; he me trae ‘Stewart and Hay could explain better than he. ould. . During the examination witness said Oakes Ames asked him about the items of the accounts; witness said to “What do you want with the accounts? oe, have yy the Board previously appointed and: Le ber pase upon officially and pat aurs “Ewant to see whe F any motiey hag beens paid to members of Co: * witness asked, “Why do you ‘want to know w! Ly sr money has been paid to members ot Congress 1” to which Ames replicd, MT WANT THEM 70 PAY IT BACK IF THEY DO NOT Go STRAIGHT.’ By Mr, Swaon—What did he mean by not going straight? A. suppose the remark of Mr, Ames was niarly made. jocve Chairman asked the witness whether he had any: knowledge, information or belief that Basie MaASETS Setteied noble oc.’ nt to Ben: larlan were embr ac: counts of the tion, to which witness replied thaty the matter was never, Aequeht before and never rejected by the commiteee. It wasknown by them that he had ci on tf ven these checks, He wasasked a q m, and replied that 12 WAS 118 OWN PRIVATE MATTER. He accounted for the moneys expended by rendering vouchers, receipts or dratts. closely interrogated as to the expenditure of mone. Stewartand Hay. He did not oelieve one dollar spent to influence or secure legislation. ‘By Mr, Shellabarger—Did they ‘expenditures were legitimate? A. I 1 HAVE BEEN CREDULOUS SOMRTIMES. : Q. Did they present such papers or vouchers to show" iy by wae that the money was legitimately expe: ‘and not to! influence legislation AS Tones eatghed AL fant time! that the expenditure was legitimate. By Mr. Shellabarger—Did youever come to Washing-; ton with Mr. James Brooks in order to have him a pane a a ~ 9s Director ot the Union Pacitic Rai ros A. I did not. By the Chi oy Phe you know Onefo J. Poppleton, of rs 3 Nebraskat \ Q. Do you not, know that Poppleton was a candidate for member of Congress again: present memoer, Mr. Taffet A. Ido not. Poppleton was in the employ of the Union Pacific Rallroad Company between 1804 aud 180), y 8. oon the turther exataination the witness said the Crédic Mobilier GAVE OAKES AMES A CONTRACT for Lacgery om | 238 miles of road at # cost to the railroad com- any of between two and three millions of dollars mor Thad the actual cost of that portion of the road which had. already been bullt, paid for and accepted by the govern- ment. ‘The Charma was it not it that the differ= enc Setnreen the cost of the 208 mutes oftond. and tho: amount for which it was let under the Oakes Ames con- tract constituted the assets out of which the dividends iy le: were declared to stockholders of Credit Mobiliert A. It, was. By Mr. If that money had not been thusdivided would ie not have on te pr ty of the Union Facto a apa ie allroad: hed on hand and divided 16 The witness was clounly examined a6 to sit the fecte tn’ to contracts and transters. TRe'Uaion Pacite Teal rong. Company could the road withoat sald a ne company hi 4 the Credii with a few exceptions, these represent: 000 or $6,0U0 of stock of the Uniun Pacific ane been subseribed for and p amount of the government loan of capital stock of $37,000,000, a nounting to $64,' bulit and equipped the road without reference to land! rants? A. Hardly at the time the work was commenced ut might be at present, with the facilines affurded, tor, L thik, $65,000, ‘What would be the present value of such a property, including the land grants and prospective, increase of business? A. Icannot say, as I do not know what the. road (a earning. . ‘2. Do you know of any person holding the office of a, government detective In the Union Pacitic Kallrcad sinco ts original establishment who has been imerested di- rectly or indirectly, so far as you know or have been in- ed, in the Credit formed, in ti Mobitier, or in any contract with the road? A. ow of Ho other geuticman than Janes Brooks; I am a subscriber to the stock of 4 e CONLEACE W! is com f tne Union Pact Railroad Company was entered ini July, 13681? A. The Wyoming Com y was ofganized in, the subsequent Oc: of the State of Nebraska; the di nA President of, mes, the Union Pac y Li, Sig otrey and Thomas Waddell; the capital 000; the railre company virtually owns the coal company anu have i all the benefits from it; ‘WHE RECEIPTS OF THE MINE, according to the Treasurer, have been barely snffictent! to pay expenses, the coal being furnished at $f 32a tony Bo dividends have been declared ; did not know ef money aving aid ti La 01 BY THE GOVERNMENT 5 he thou ht $000 had been paid toy id heard Wendel! had been pald, but on ask. the President and Treasurer % the company 4 the fact, it wi ported that as hi ts pa fad been paid, bat he ki nothing about it; Hever paid anything om that accoupt, he hed peer heard! r oney pal Py “y fovernreent directors io excess of what they’ Were entitied to under the law. ADJOURNED. D. The committee then adjourned until ten o'clock to mor- row. SING SING OONVIOTS OAPTURED. The Englewood Protection Society Cap— ture the Escaped Comvicts from “Up the River.” ENGLEWOOD, N. J., Jan. 17, 1873. The three convicts who escaped from Sing Sing’ yesterday, named respectively Daniel Bland, John: Marion and Andrew. Reilly, were captured abou two o’clock to-day by Marshall Hills, detective, of’ the Englewood Protection Society, assisted by a ciugen. This was effected about one mile below Englid wood, THE HOOSAO TUNNEL RAILROAD. Boston, Mass., Jan. 12, 1873. _ Adil! has Regen tntroduced in the Massachusetta ‘Legistatare Mr the consohdation of the Fitchburg, | Vermont and Massachusetts and the Troy and ton Railroad companies, the consolidated corpora) tion to be called “The Hoosac Tunnel Rallroa Company.” Including the State interests im th Hoosac tunnel, the- road will form a continuou line from Boston to Troy, with @ capital £25,000,00% *