The New York Herald Newspaper, January 23, 1873, Page 5

fortes into many of our State constitutions, and one Of those rules which, in our constitution, are compreaseil into the brief but significant phrase, ‘due process of law.’ The course of the common law was a trial, he insisted, a jury of twelve men who stood impartial be- tween the prisoner and the people. rale obtains, whether in civi! or crimmal trials. Challenges for cause, or, in the language of this act, “principal cause,” were, at the time of the adoption of the constitution, in full force. Sir Edward Coke notes it under the head of * im,” that it was enough “that he has fermerly been @ juror in the same cause.” In Coke's Institutes, part 1, lib. 2, chap. 12, se¢tion 234, 157 b., among the grounds for challenge for Principal cause, itis stated that “upon his own act, as if the juror hath given a verdict before for the same cause, albeit it be reversed by writ of error, or if after verdict judgment were arrested, 80 if he hath given a former verdict upon tle same title or matter, though between other persons, But it is vo be observed, that I may speak once for all, thatin this or other like cases, he that taketh the challenge must show the record if he will have it take place as a principal challenge, other- wise he must conclude to the favor, unless {t be a record of the same Court, and then he must show the day and term.” If the new Jury law is net in violation of this provision of the constitution, to- gether with that other provision of section two of article one of the constitution, Dromidiog for jury trial, then, indeed, he insisted, would it be dificult for the Legislature to devise an enactment that would conflict with the constitution, It cannot be ‘possible, he urged in conclusion, that the framers of the constitution intended to allow a juror whose mind is in the condition above rejerred to, to sit when the life or liberty of the citizen is involved, ARGUMENT OF MR: PHELPS, * Mr. Benjamin K. Phelps, the new District Attor- ney, responded seriatim to the various points of the opposing counsel. Asto the comstitutionality of the Jury law he insisted that the rulings of the Court upon the several challenges for principal cause to which exceptions were taken were cor- rect, Each juror pronounced competent by the Court brought himself upon his oath withih the* langnage aud meaning of the first section of the act in relation tochallenges of jurors in criminal cases. That act was, he claimed constitutional, and the only provision which it can be claimed to in- fringe was, he urged, that of article 1, section 1:— “The trial by jury, in all cases in which it has been heretofore used, shal! remain inviolate forever.” ANOTHER CASE, Aiter the conclusion of the argument in the above case Mr. Howe submitted upon the same points the case of Charles Johnson, the noted bond roboer, who ls now serving out his second term in State Prison, geen rs o= ba ee eed + Wee BUSINESS IN THE OTHER COURTS. THE RESENTENCING OF FOSTER, =, The Arrival of the Official Documents from Albany—A Probable Motion To- Day by the District Attorney. A In the case of William Foster, who has under- gone sentence. of death for the ‘murder of Avery D. Putnam on the 26th day of April, 1871, and who was only saved by stays of proceedings obtained by his counsel, the Court of Appeals at Albany, having affirmed the decision of the lower Courts, it only remains for the prisoner to be resentenced to have the full sentence of the law carried out. District Attorney Phelps stated yesterday that the documents in the Foster case had arrived from Albany, and it was mere than probable would be filed to-day, when Foster's case will be brought up in the Supreme Court, General Term, and the pris- oner resentenced, after which the full penalty of the law will be carried out, uniess.Governor Dix will commute the sentence, SUPREME COURT—SENERAL TERM. Verdict in General Sessions Reversed. Before Judges Ingraham, Brady and Learned. Some time since Thomas Bell was convicted in the General Sessions of an assault with imtent to commit a more heinous oifence upon ‘a young girl seven years old. The case was brought yesterday, upon writ of error, before this Court, by Mr. William F, Howe, and a new trial asked for. The points raised were that it was error to allow the evidence of two other girls as to simi- lar assaults upon them. Mr. Howe urged that it was proof of a distinct and different oence, for which the prisoner might be indicted; that it had no tendency to prove the + Offence for which the prisoner was on trial; that the evidence elicited on the cross-cxamimation of the prisoner that he did not assault or attempt improper liberties with other children was purely collateral matter; that it had no bearing upon the point really involved, viz., whether he had outraged Adele Gillette; that being collateral, the answera of the witness were conclusive, and it was error to allow him to be contradicted, and thereby in- troduce a new and collateral issue into the trial. Aiter hearing the argument the Court at once ordered a reversal of the previous judgment and a new trial. Philip Wilke, the Convicted Murderer. The particular$ of the homicide of which Philip Wilke was found guilty are too fresh in the public memory to require repetition. It will be remem- bered he was convicted of murder in the second degree and sentenced to State Prison for life. His case came up on appeal in this Court yesterday, aud was argued at length by Mr. Howe. The Court reserved its decision. Eustacia St, Valerie. This so-called Confidence Queen, against wnom five indictments were found and for one of which she is now serving out a term of five years in State Prison, is anxious to be resiored to liberty, An appeal has also been taken in her case, and the same was argued yesterday by Mr. Howe and with the same result as in the above case. SUPREME COURT—CHAMBERS. Decisions. By Judge Barrett. Von Sichler vs. Bernon.—Motion granted, not with allowance. Drinckle vs. Mellen.—Memorandum for counsel. SUPERIOR COURT—SPECIAL TERM. Decisions. By Judge Barbour. Webster vs. Howe.—Order of discontinuance. Angier vs. Same.—Same, naan ve. Depau (four cases).—Order vacating orders. Loder vs. Moore.—Order of substitution. Gorlet et al. vs. Spoiford et al.—Order marking “judgment secured’ on appeal, Williams vs. Harner.—Order of reference, De Coster vs, Hynard.—Order appointing re- ceiver. COURT OF COMMON PLEAS—SPECIAL TERM. Collapse of a Suit Against the Second Avenue Railroad Company. Belore Judge J. F. Daly. While a little daughter of Antonio Michaelis was crossing the track of the Second Avenue Railroad In Allen street, on the 18th of April, 1871, ahe stum- bled and fell and was run over by a passing car of the company, sustaining injuries compelling the amputation of her leitleg. Suit was brought by the father against the company for $20,000 dam- ages, The trial began on Monday in this Court and considerable testimony was taken. Of course the charge in the complaint was negligence on the part of tne compauy, This was denied on the part of the company. ‘The evidence of the driver showe that he was going only at the usual speed, and that fs soon as he saw the child he plied his brake, but too late to prevent the accident. it was very evident that the company had mad¢ out a strong de/ence for itself, when {he trial was brought to a sudden end yesterday morn- ing by the withdrawal on the part ot the prosecu- tion of one of the jurors, This was cousidered tan- tamount to an abandonment of the prosecution—a result very rare in suits of this character, Chris- topher Fin appeared for the plaintitt, and Messrs. Waldo Hutchings and James Smith for the de- fenaants, The Old Ocean Bank Robbery. The public have not yet forgotten the skilfully contrived burglary of which the Ocean Bank in this city was some eighteen months ago the victim, A short time ee to the burglary the First National bank of Lyons, lowa, aeposited in the bank $60,000 in United states five-twenty bonds, which formed part of the. procee!s ol t e robbery. Suit has been brought against the Ocean Bank to recover the value of these stolen, bonds, and the trial began yesterday in this Courtt On bebaif of the Ocean Bank it is claimed that they are not responsible for the loss, The Lyons Bank folks insist that the Ocean Bank people are responsible. The trial promises to last two or three days. Decisions. by Judge Loew. Goelet vs. Spoffori. lotion granted, Deler ys, Pinekney.—Sauie. Etsner vs. Johnson,—Same, mi Roberts vs, Russell,—Application granted. Rosenburg vs. Eastburn.—Motion to open default granted. Ives vs. Adams.—Order making injunction per- petual granted, In the Matter of the Assignment of Olmstead.— Bond ordered. MARINE COURT—PART 2. Failure to Deliver Goods According to Sample. Before Judge Gross, Seth B. Munt & Co, vs. Greeuleaf B, Sheridan.— ‘This was an action to recover from defendant $739 for goods sold and delivered, From the evidence itappevred that one R. BE. Swan, as broker, offered to sell defendant 108 baies cotton batts, The de- fondant iuquived i the sample exluibited was a fair NEW YORK HERALD. FRIDAY, JANUARY 24, 1873—TRIPLE SHEET, sarnple, and if the goods were what are known in the trate as “Pepperit batts.” Swan replied that he believed them to be old Pepperill butts. De- fendant sent Swan back for anotuer sample of the goods. This being produced defendant said he wanted Pepperill batts, and offered fourteen cents per pound, which was accepted. The goods were delivered, by direction of defendant, to H. B, Clatin & Co., who sold the goods to Word- man, True & Co., of Portland, Me., to whom they were shipped. When they arrived at Port- land it was discoverd that the goods were not pA Capen batts, but were other cotton goods put yy) in imitation of ola Pepperill batts. They immedi- ately returned the goods to Claflin & Co., who at once returned them to defendant. He then offered to return the goods to plaintiis, who refused to accept them, on the ground that they had not sold the goods in question as Pepperill batts, and that no one was authorized to make any such representations, When credit had expired this suit was commenced, The several questions of fact were submitted to the jury, especially as to the fact of the representations made by Swan to defendant. The jury were out a long time and finally brought ina sealed verdict, as follows :—"We the undersigned jurors, duly empanelled in the above action, do render a verdict tor defendant against plaintiffs for no amount; the defendant v6 pay ail charges and the goods to be returned forth- with to the plaintits.’” This verdict was set aside by the Court and the Cause set down for retrial next February term, COURT OF GENERAL SESSIONS. Before Judge Sutherland, Sentence for Robbery. The first indictment which Assistant District At- torney Russell called for trial yesterday was one for robbery against Charles Sheldon, who was charged with stealing, on the 9th inst., a silver watch from J’mes Murtha, As his associate in the crime pleaded guilty to petty larceny a similar lea was tendered and accepted from Sheldon, fhe City Judge seut him to the Penitentiary for six months, Burglary. Andrew Haines, who was jointly indicted with John Dow4d, alias Haniey, for burglary, pleaded guilty to an attempt to commit that offence. On the 10th of December the prisoners entered the house of Edeb Jeaurenand, 278 Syn venue, and were arrested with some clothing in their pdases- when the foreman, in reply to the usual question, Announced that they had agreed upon a verdict of FIVE HUNDRED DOLLARS DAMAGES for plaintiff, The announcement was received with great surprise by the spectators, who, alter hearing Judge Gilbert's charge, expected a much heavier verdict, Lawyer Sanderson, who sat at one end of the re- Porters’ table, sprung excitedly to his feet and astonished the lawyers by moving fora stay of pro- ceedings for twenty days! ‘Lhere was a pause and then a laugh. “Why,” said Judge Gilbert, smiling mly, pen need NOt ask for @ stay ; the verdict is iInyour vor, But Sanderson apparently was not satisfied with the verdict and insisted upon having another trial, SUPREME COURT—SPECIAL TERM. The Huntington Mystery—The Case of Kelsey, the Tarred and Feathered Vic- tim, Before Judge Pratt. ‘The case of George D, Banks, Royal D. Sammis and Claudius B, Prime, who were committed by Justice Montfort, of Huntington, on the charge of complicity in the tarring and featnering of Charles Kelsey, was before Judge Pratt yesterday morning. ‘The case came before the Court in pursuance of the following order :— The People os the State of New York to Peter M. Trainer, one of the Constaltes of the County of Siffolk—Grecting:—We com. mand you that you have the bodies of George D. Banks, Reyal Sammis and Claudius B. Prime, by you impriso: and detained, as it is said, together with the time cause of such imprison and detention by whatso- ever names tho said . Banks, Royal Sammis and Claudius B. Prime shail be called or charged, betore one of the Justices of the Supreme Court the Court House in the city of Brooklyn, county of son the 2&1 day ot Junuary, 1873, atten o'clock A. M,, fo do and receive whatshall ‘then’ and there be ¢o! ‘ed concerning the said George B, Banks, Royal Sammis and Claudius B. Prime, and haye you then and there this writ, Witness—Hon. “Calvin E, Pratt, Justice of Supreme Court, at the Court House at Riverhead, iu the county of Suffolk, the 20th day of January, 1873, . Messrs. Downing, Smitn ana Stanborough ap- eared for the accused, who were in Court, and patie Attorney Tuttle and Thomas Young for the people. Mr. Downing said that application was based on the ground that there had been no evidence before ne magistrate, aud that the commitment was Nlegal. hy Judge Pratt inquired if that question could be sion, There were mitigating circumstances pre- sented to the Court, and His Honor sentenced Haines to the State Prison for two years, A Professional Car Pickpocket Sent to ~~"Sing Sing for Ten Years. Walter Brown, alias John Smith, allas John Wood, was tried and convicted of “grand larceny, second offence.”? The prosecution proved that in Febru- ary, 1868, he was found guilty of grand larceny at the Oyer and Terminer and sentenced to the State prison for four years and nine months. Sergeant Brush, whe was the complainant, identified Krown as the person who was convicted at that time of stealing his watch. It was shown that on the 30th of December Octavius Ornmaney, a Justice of the Peace of the county of Surrey, England, who is on @ visit to this country, wasriding on the platform of an Eighth avenue car, and that he caught the prisoner in the act of stealing his gold watch, The thief had severed the watch from the chain, and the complainant rabbed his hand before he had time to pass it to is confederate. A detective was on the car and arrested Brown at the time, The case was so clear that the City Judge sentenced this noted pick- pocket to the State Prison for ten years, thus rid- ding the city of one of the most noted members of the lightfingered gentry, Alleged Embezzlement by a Canal Boat Captain—Disagreement of the Jury. David Willis, the captain of a canal boat, was tried upon a charge of embezzling $63 on the 18th of October from Robert H. Swazey, that sum hav- ing been paid to the defendant by the clerk of E. A. Packer & Co, The accused gave a seemingly lausible account of his failure to make returns {o his employer by stating that he amd the woman employed on the boat went to the Bowery Theatre the night after he received the money, which he put with other money of his own, amounting to $300, and that after he went a couple of blocks from the theatre he missed it, The woman was sworn and told the same story, The complainant said that previous to employing Willis he made inquiries and found his character was good. ‘The tet deliberated upon the case for some hours, and being unable to agree, were dis- charged frem the further consideration of the case. 3s An Acquittal. A little boy named John Sullivan was tried upon acharge of breaking into the cigar store of Ste- phen A. Bassford, 130th street, on the 2d of De- cember, and stealing $100 worth of cigars. It was shown to the satisiaction of the jury that the boy found @ small qaantity. of the stolen property pre shavings in a carpenter's shop, and a ver- dict of not guilty was promptly rendered. BROOKLYN COURTS. SUPREME COURT—CIRCUIT. Lawyer Sandersog’s Great Libel Sult— Going tor $50,000 and Getting $500— Yesterday's Sensation in the Brooklyn’ Court House=The Law of Libel. Before Judge Gilbert. Lawyer Sanderson’s great libel suit to tecover $50,000 trom the Brooklyn Union, of which Henry E. Bowen is the principal stockholder, was the sensation in the Court House yesterday. The alleged libel, it may be remembered, consisted of the publication of a report of a rencontre between Sauderson and one James, for whose wife Sander- son was acting as counsel, in front of the Court House. The court room was cpowded yesterday, and, a8 soon as the case was resumed, Mr. Britton, counsel for defence, read from the téstimony of Henry E. Bowen before the Board of Arbitration, in which Mr. Bowen swore that San- derson expressed himself satisfied with the publi- cation of the apologetic articles, one of which was written by Sanderson himself, Mr. Britton there- upon renewed his motion for a non-suit, which was denied by Judge Gilbert. Exception was taken to this ruling. Mr. Britton then summed up the case for the de- fence, and claimed toat ample reparation had been made by the defendants, He aired before the jury Sanderson's manuscript of Sanderson's article, tremendously pufling Sanderson, told a funny story about Sanderson's orthography, and then proceeded to review the evidence on both sides, concluding by asking a verdict tor the defendants, Ex-Judge Keynolds addressed the ee, on behalf of the plaintiff, and held that no settlement of the claim had ever been made, although contradictions o1 the libel had appeared. ' Reynolds indulged in a few pleasant personalities, characterizing BOWEN'S REPORTERS AS SCAVENGERS, who were sent by Bowen all over the city to gather filth, and hig nica asewer through which that filth was run oi, * Judge Gilbert, in his charge to the jury, said:—It is not disputed on the part of the defendants that the facts in regard to the publication of the article on which the libel is founded have been proved in such way as to entitle him to damages. The pub- lication was what the law calls a libel, and it was unjustifiable and Without excuse, and, unless you think the defendant has established something by way of defence, it willbe your duty to render a verdict for such damages as wiil compensate plaintiff for the injury done him. The common law estimates private character as equal to property, and compensates a party for injury to tt upon the same principles as an injury to his property or person. It has been held that A CORPORATION IS NOT CAPABLE OF MALICE; but it acts through its agents, and if any of thet in publishing this article, were’ actuated by mal | that would properly go to enuance the damages Ifyou think, however, tuere was ‘no malice, the absence of Malice ought to go in mitigation ages, because the essential ingredient which makes up a libel is malice. The law infers malice from the fact of the publication; this is what is termed ‘legal malice.” If the plaintift satisfies you that, beyond this legal malice, he was injured by aggua) malice, that authorizes to enhance ie damages, Upon this subject you have tie article itself and the circum. stances under which it Was published; and if you “so find you must say what would be a fair compen- sation to him. You aiso have the testimony of Mr, Bowen, his son, McAllis' and the reporter who | wrote the article, all of whom testify in most an- qualified terms that they bad no ill-will towards plains, and that it appeared in the ordinary way, f you are satisfied with that evidence it would go very far to rebut the idea that it was*done with the intention to tnjure the piaintifl, and it ought to be taken in MITIGATION OF DAMAGES. The defence is that after the publication of this article the parties met and made an agreement that the Peep rie of this newspaper should make ali the reparation in his power by the publication of retractions, and éhat the piaintif! should be satistied therewith, If you believe that agreement was made that would entitle the deiendant to your verdict. If you think it was not made you must consider the question of damages, Upon this subject the law | affords no particular criterion by which the jury must he governed in the estimation of damages, You must take mto consideration, THE SITUATION OF THE PARTIRS: whether itis calculated to injure, and whether it did in point of fact injure; also the acts done by de- | Jendant by way Ol reparation, and you are, in the exeicise Of a Wise discretion, to give such a verdict as wiil repay for the injury and answer the ends of public justice. * The Court refused to charge Mr. Britton's pronost- | thon that legal malice may rebutted by the ab- sence of proof ol actual malice. Exception, Mr. Reynolds tovok exception to that part of the charge Wuich stated that, unless there was actual malice, the plaintuf was not entitied torecover any more than the actual damages e The jury appeared ia Court at about four o'elovk, raised on a certiorari, They could not do it under ahabeas corpus. He intimated the opinion that he had no power to review the proceedings of the Justice or discharge the parties unless it appeared that the commitment was irregular or detective on itsface. The Justice of the Peace within his sphere Rae absolute in his powers as a Supreme Court Fas jee, and ji ng. guid be punished if he exercised his functions Aa agit OF iléfal iahiners = M Nig held that the evidence not only made ouf a prima sacie case, but some thought if un- contradicted every one of the defendants could be convicted thereon. Mr, Downing said that the Justice’s decision was entirely wrong. “We are willing,” said he, “to take it up, point by point, and show that there is no reason for holding these parties. In his written decision the magistrate inquires ‘whether there is robable cause to suspect the prisoners,’ and that is the only pretence which he holds them, Now what was to be done if a magistrate could make such @ grievous blunder? Why, on the same ground he might send all Suffolk county to jail and there would be no redress,”” Judge Pratt reserved his decision. The accased were committed by Justice Montfort, but, accord. ing to Mr. Downing yesterday, they were allowed to go on parole by the Constable, COURT OF APPEALS CALENDAR. ALBANY, N, Y., Jan. 28, 1873, The following is the Court of Appeais calendar for January 24:—Nos, 15, 16, 17, 20, 19, 1924, 25, 27. UNITED STATES SUPREME COURT, - A Curious Case Arising Out of the Setz- ure of a Cuban Ferryboat ‘by the United States—The Site of the Old Mem-« phis Navy Yard. WASHINGTON, Jan. 23, 1873, No. 360, United States vs. Steam Ferryboat Nuestra Seiiora de Regio, Her Tackle, &c., and Claimants—Appeal from the District Court for the Southern District of New York.—The claimants in this case are a railroad company in Cuba, which in 1860 was finishing its road from the Bay of Havana to Matanzas, and, requiring such a craft, ordered the Nuestra to be built in New York and sent to them. On the way out she was seized near Port Royal by the United States forces, and while in custody she ‘was chartered to the government for $200 per day, pending proceedings in confiscation, the agree- ment to be void in case the decree wag against the claimants. The result of the proceedings was in favor ofthe Cratiyes but there was no restoration of the vessel by th Pak In June, 1870, the case was referred to @ commissioner to ascertain and report the damages sustained by the company. The report, covering all items of the claim. gave them $214,884. The report was confirmed an decree entered thereon, and the government ap- pealed, urging that, as the vessel was in the service ofthe United States under a charter party, any claim arising under it should be adjusted by the Court of Claims, and cannot be made the subject of a decree in this proceeding. not restored, it must be regarded as a total loss at the time of capture, and in that case there can be no recovery fer services claimed alter that date. It is also urged that no judgment for demurrage should be rendered on the restitution of a prize without misconduct on the part of the captors, or wilful negligence or delay in bringing the case be- fore a prize court; but, if allowed ut all, the amount allowed in this case is excessive. G. H. Williams and ©, H. Hill for government; William M, Evarts and Charles Donohue for claimants, No. 105, Murdock et al. va. Mayor and Alderman of Memphis et al.—Error to the Supreme Court of Tennessee.—In 1844 a number of residents of Mem- phis conveyed to the city for the location of a naval depot of the United States certain lands within the city limits, with a limitation, over to one Wheatly, in case the lands were not appropri- ated by the United States for the purpose specified, Subsequently the government paid the city $20,000 for the lands and established a navy yard upon them, erecting buildings and improvements cost- ing about one million dollars; but ten years later it was determined not to continue the yard any longer, and the government ceded the lands to the city again. Thereupon the original grantors filed their bill to obtain a decree declaring the transfer to the city to be in trust for their benefit, claiming sthat the abandonment of the navy yard at-that point avoided their deeds to the city, aud that they were entitled to the property. The question was decided in favor of the city, the Court holding that the act of Congress (August 5, 1854), ceding the lands to the city, Was a conveyance for the use of the city, and notin trust for the complainants, and that they had no interest under the act. The Pabeoete here maintain their title under the conditions of their transfer to the city, and assert their right to the property upon its abandonment by the govern- ment for the uses named. The appellees contend that if the aproperty is not the city's it goes to Wheatly. ‘Motion is made to dismiss the appeal on the ground that the decision made was on the equity of the claim of ®he grantors, under the con- ditions of their transfer to the city, and not under the act of Congress. The avpeliants answer that it was upon the construction of the act of Congres whether the city was owner in fee under it or only in trust for the benefit of the grantors, and that such being the basis of the decree this Court has jurisdiction to review it. Hurskell & Scott and W. ', Otto for appellant; Carlisle & McPherson for appellees, AQUATIC NOTES, + The “Little Wonder,” George Englehart, who won | so much weil-merited praise during the season of 1872, being aroused from the lethargy into which all oarsmen appear to fall during the “woollen stocking season,” by a communication sent to a weekly paper, responds to the following effect: — That he will row any or all the so-called “crack oarsmen” named, on alternate days, or either of them, at a time to be mucually agreed upon, as early in the seasdn as possible—beginning with Dr. Russell Withers, Edward Blake, Edward Smith, Thomas Fearon and Eben Losee, and states that if the several races can be managed to take placein the space of one week, he will agree to row Losee within an hour alter his race with the remaining competitor. This is no idle boast. Those wishing to make such an engagement can do so by naming their in- tentions; or, If more agreeable, Englehart will pay his share towards getting up a handsome and valu- abie diatnond medal, to be Known as the “Amateur Champion Medal of the United States,” all those de- | siring to possess the coveted title to contribute a proportionate amount, the time and place to be fixed by @ majority so entered. He even proposes thatin the event of the acceptance of his last proposition to waive his right to the title he has earned, and throw the championship open to co petition. His time ts the best on record, not bar- ring Hammili's (professional) time, And the time of the man he last defeated is second (James O'Neii’s) , bringing Hammill’s time to third piace, Fault een found because the press proved liberal in its praise and encouragement to prove this brilliant rower—but envy is sure to find iault. The press will be equally generous, and more so, if either of the parties challenged defeat this plucky oarsman. The Gramerey Club has ordered two new pair- | oared gigs, a style of boat which promises to be- come as popular in American waters as it is in Engiand, George Brown, the great Halifax sculler, is about to issue a challenge to the world to row a race for | fo + tottwlifax. $2,000 a side, giving the preferance to Joseph Sad- ler, of England, to whom he ‘oposes to alow a ¥ amount of money for expenses, if he will come Further, that as the vessel was | A SINGULAR ROBBERY. Bonds and Valuables to the Extent of Forty Thousand Dollars Stolen in Walt Street Before the Byes of Six People, The Thieves Escape and No Trace of Them Found—The Whole Amount Prob- ably a Total Loss. One of the most sitigular and audacious robberies ever committed togk place on Wednesday after- noon, at 62 Wall street, in the office of the Housten and Texas Central Railroad Company, whereby forty or fifty thousand dollars were lost, and probably irredeemably 80. The railroad company is not the sufferer, however, but a private party whose ill fortane it was to have been the victim of the robbers, At about two o'clock on the aftetnoon in ques- tion Mr. W. E. Dodge, of the firm of Phelps, Dodge & Co., who is the President of the Houston and Texas Central Railroad, had just got through signing @ number of bonds and was resting from his labors when Mr. 0. H. Currier, a gentleman connected with the firm of Wilmerding & Mount, entered the ofice, He had IN HIS POSSESSION twenty-five honds of the Houston and Texas Cen- tral Railroad, each valued at $1,009, These were loose, not being confined in any package. There were also 100 shares of stock of the railroad, be- sides a bank book containing some checks and sev- eral national bills of large amount, and accom- panying the whole was a blank power of attorney signed by Anna E. Paige, executrix of the estate of David H. Paige deceased, and former Vice President of the road. Mr, Currier sat down on the sofa close by the large window at the end of the inner ofice and on the right side of the room on enter- ing. In the office besides were a Southern director of the road and another gentieman doing business with the concern, At this moment @ map pedier cing into the room and expressed a desire to ex- n al . SSSR A LARGE MAP of the United States, which he desired to sell. Mr. Dodge, who had formerly agreed to buy such @ map, Uf it were large enough for his purpose, therefore—in order to examine it—came over from the other side of the room and sat beside Mr. Currier on the sola. The pedier then unrolled his map and the Southern director and the other gen- tlemen gathered round to examine and criticise it. They were ail thus i when two strangers enterea the outer office—one, who wa; tall and dark, wearing a sealskin cap and a heav. overcoat, apparently about thirty-five years of age, and the other a beardiegs youth. The former asked the boy in the outer office to show him the Direc- tory, and began turning its.pages carelessly over, while the youth entered the inner office and asked one of the officers to give him a report of the earn- ings and spendings of the road, While he thus engaged this gentleman on the further side of the room from the position of those who were look- ing at the map the eldest of the two strangers left the Directory in the outer office and went into the inner oMice and joined the group of those who were looking at the map, HE THEN PASSED BEHIND THE MAP, and was on the side of the group nearest the window, gn the sill of which Mr. Currier had placed bis package, while his attention was engaged like the remainder of the gentlemen. The unknown man, it is supposed (for nobody, of course, noticed the occurrence). then edged up towards the window until he arrived within reach- ing distance of the coveted package. At this moment ali the four gentlemen had their heads turned toward the map, closely tracing out the course of the railroad. The strange individual ‘| must then have seized his opportunity and snatched the package, which lay on the window sill, quickly transferring it to his pocket. A moment afterwards the strangers were missed from the room, and a second alter that Mr. Currier Noticed the disappearance of his package of bonds, and valuables from the window. He quickly ap- rised the others of his loss, and ina moment all in the room were CAREFULLY SEARCHING for the missing bonds, &c. very corner of the office was searched, but to no purpose. The clerk entered the office a few moments alter and Bays he noticed at the bottom of the stairs two*men ma- king their way out of the building very quickly. But at the time he attached uo importance to it. The commotion was very great in the office andin the midst of it the map pedier disappeared, It is supposed that fear of being suspected made him of having anything to do with the robbery, The bonds and securities have been advertised for, but it is not thought this will be productive of any result, as the bonds have coupons upon them which are payable to bearer, and Shere is no means of identifying these particular ones. It is there- fore thought they will a total loss, The numbers of the bonds are from 6,276 to 6,300 of the Houston and Texas Central Railroad, The Joss_ will, of course, fall upon Mrs. Paige, widow of D. H. Paige, and not upoii the railroad. A report was current that Mr. H. 8, Hatch was the loser, but this isa mistake. It arose from the fact that immediately after the robbery Mr. Hatch went to the Stock Exchange and telegraphed the robbery g cy the brokers; but he isin nowise concerned in it. ANAESTHETICS. Leetare by Dr. Weisse Before the Miedico- Legal Society—The Responsibility of Physicians. A lecture was delivered last night before the Medico-Legal Society by Dr. Weisse on the respon- sibility assumed by physicians tn prescribing anws- thetics, He explained at length the effects of the various drugs used to produce anesthesia and compared their merits. He devoted especial atten- tion to nitrous oxide, which he seemed to regard with some favor. In all cases anmsthetics should be resorted to only under circumstances of clear need, and their action should be carefully watched in each individual case, no matter how great a familiarity with its usual effects was possessed by the physician, In cases of danger from ntvrous oxide there Was always warning given of death, } At a certain point the auimal laid motionless, and apparently abandoned all attempts at inhalation, It was then clearly time te take effective measures to restore respiration. Dr. Weisse went on to say that every man who gave nitrous oxide should be required to have a certificate of his fitness to supervise its effects, and should there be an accident in consequence of his carelessness he should be held responsible for it. With ether and chioroiorm the physician could not be held respon- | sible for the purity of the drugs, but with nitrous oxide there Was no such excuse, as care would al- ways secure a supply of the gas ina pure state, Chioroform was very dangerous in cases of heart disease, but the peril was much less with ether and | nitrous’ oxide. True, chloroform only produced one death in 2,800 cases of administration, but ether only once in 23,000, and nitrous oxide only once in 300,000," Still, every ad- ministrator should for his own sake look upon each case as the fatal exception to the over- whelming exception, The physician should be provided with the galvanic battery and ammonia and all necessary restorative means in every case, Whenever, in a case of accident, these means were not at hand, it argued culpable negligence, for their absence was, peta od the cause of death, Dr. Weisse proceeded indignantly to protest against the careless administration of nitrous oxide by amateurs, who were utterly unfit to apply such agents to the human economy. ‘The reader of the paper was rewarded with the | thanks of the oes and it was discussed at some length by succeeding speakers. MUSICAL AND THEATRICAL NOTES, Mr. Alexander Henderson, of the Olympic Theatre, has been confined to his room by sickness for @ week, and, simultaneously, Miss Lydia | Thompson is too tll In New Orleans to be able to | meet her engagements in that city. Nixon, the biil-poster, whois now in the Tombs charged withthe murder of Pleifer, in Chatham | square, Was a terror to theatrical managers, and | most of them found it to their interest to employ him to prevent hit trom destroying their bills by pastjng them over, An unusual addition is to be made to the or- chestra of the Fifth Avenue Theatre, a quartet of | performers on the French horn, who have just ar- rived from Europe, having been procured for a protracted engagement, They were attached to the Russian Court at St, Petersburg, where they were known as th: “Imperial Chamber Quartet,” They are said to \@ singuiar y excelent musicians, and their performances are expected to prove an attractive feature at the new theatre, the Futh Avenue Theatre the company received no j benefit, contrary to custom. This was evidently | the desire of the members of the company, for, after the opening of the new theatre on Monday night, Mr. Daly found in his private office a beautt- | tui clock, Worth probably $50), Seeing the striking piece of property and supposing it had been put there by mistake he was on the point of ordering it away When his attention was attracted by the inscription plate, on whieh he read, “Presented to Mr. Augustin Daly by the ladies ond gentiemen of the Fifth Avenue Theatre company.” depart so suddenly, and he fs not really suspected It will be remembered that after the burning of | ART MATTERS, The Art Reception Yesterday. Yesterday afternoon, from one to five, was de- voted by many of the artists of the Tenth Street Studio Building (Tenth Street, near sixth avenue) toa reception, The celebration was the first of the season—we might almost say the first of the kind for two seasons—and was very generally. shared, For the last twelvemonth or so the sys- tem of receptions formerly popular has fallen into Beglect. Possibly it had not been devised with as much tact as ought to have been shown, and undue familiarity met with its accustomed reward, ’ The new impulse started yesterday promises to be strong and heaJthy. Though by no means all of the studios were open (and the Tenth street hive is one of the largest and busiest in the city), yeta suMecient number of doors offered welcome to pro- vide a great diversity of pictures tor the inspection of the visitors, Most of the guests were ladies— friends of the artists and fair dilettante, babbling a piquant art-jargon and fascinatingly aw fait in the points of a picture. Many of the studios were tastefully adorned, exetic 1eaves forming rich tes- toons and graceful drapery, and old armor lend- ing @ medieval tinge to the gloom-shrouded cor- ners, In some, cunningly arranged towers lured the eye and seduced the nostrils; birds sang in close proximity to the simulated foliage of the Canvas gquaint old china elicited the admiration of the Pirtwoso in crockery, and Turkish rugs, tigers’ skins and grotesquely solemn heirlooms at- tracted the lover of the bizarre and the conserva- tive. We have nothing specific to say of the pic- tures, for the simple reason that most of them have been amply noticed in these columns during the past two mouths, Among artists whose studios Were open were Perry, Van Elten, De Forest, Brad- ford, Shattuck, Heade, Brown, Julian Scott, Nicoll, the De Haas brothers, 8. R. Giffora, W. H. Beard, Henry, Parton, Wilmarth and Le Clear, The oppor- tunity was presented of seeing how much had been done with brush and palette since the opening of the season, and if the bevies of admiring ladies were not aiways temperate in praise and discrimi- nating in criticism they were at least perfectly sin- ce! and contributed most of the genuine good feellug 0; the occasio f The Leavitt Art Sale Last Night. Last evening a portion of the late Mr, Higgin- son's pictures were sold at the Clinton Hall Sale- room. Appended is the list of pictures and prices :—Fort Ticonderoga by Moonlight, $10; com- panion, landscape, $10; the Indian Water-Carrier, $17 50; Strawberries and Cream, $10; Themas,’ $15; Wood Nymph, $17 50; sketch, landscape, $10; the Three Graces, $10; A Pensive Thought, $5; Put- ting Dollie in Mourning, $14; fancy head, $15; Mount Washington, from Shelburne, N. H., $15; Near New Haven, Conn., $13; The Campagna, $20; The Wreckers, $15; Just Out.of Her Teens, $12 50; Scene Near Cayuga Lake, $25; Group of Peaches, $15; Sunset in the Street, $27 50; Autumn, $40; Chicoruhua — Peak, $29;. The Connoisseurs, The Rainbow, $45; The Sick Child, The Wreath, $100; The maker's Ford, $115; Cattle Piece, : The Rival Nurses, $80; Landscape, $45; Guy's Cliff, near Warwick, England, $95; A Family Party, $105; Flowers, $75; Midnight, $40; My Favorite Bird, $85; T Brook—Evening, $90; Le Jeune Connoisseur, $50; Waterfall in the Aips, $25; Othello ee ene his Adventures, $100; Lake George, $37 50; Military Aspirations, $80; Easterly Gale Off Mount Desert, $30; Italy in the Filteenth Century, $40; Pic-ntc| in Italy, $67 60; The World Belore Him, $35; Landscape, $27 50; The Little Grape Gatherer, $40; Tbe Young Philoso- her, $40; Glendida Lake, Putnam county, N. Y., 40; Scene Near Abergavenny, Wales, $85; Jeune Fille preparant une Robe de Bal, $220; Derwent Water, $130; Lady Bolton—Sketch, $12;’Near San Francisco, $§5; The Laborer’s Meal, 60 5 A Passing Storm, $450; Langhing, 30 5 Sunset in the White Mountains, $97 50; He Won't Hurt You, $80; Sctence tn Britta $105; ‘Fern Gathering, $250: Retrospection, $2 cene Near Albany, $47 50; Why Don’t He Come Himself ? $27 60; Donnelly Castle, Scotland, $30; Dog's Head, $45; Autumn, on the’Saco, Me., $20; The Clan destine ‘Lette! pair, $60; Descent from the Cross, $20; Ch Jomforting His Mother Before the Passiop, $5; The Marys at the Tomb of the Saviour, $5; Landscape, with Bridge, $15; Land- ian’, with Monks, $7 50; Portrait of Galileo Gali- el, $5. Floating Fragments. Sarony has just completed his crayon portrait of Miss Neilson, mention of which in its unfinished stage was lately made in this department, ‘The artists of the Tenth Street Studio Building will hold @ reception this afternoon from one to five. This is the first reception of the season, and will probably be well attended, The reference which the HERALD has made from time to time of the number of new works in hand will have given the public a fair idea of the industry, spirit and competition manifested by a large proportion of our artists. Receptions have latterly fallen out of vogue, but we see no reason why a genial custom should not be advantageously revived, especially since it is not so much the cus- tom here as itis abrvad for strangers to visit an atelier without an especial invitation. forthcoming exhibition of water-color drawings will be large and Interesting enough te warrant rolonged and frequent visits. Many of our artists ave been conscientiously preparing for it. The season will prove a profound disappointment un- less it offers the opportunity to record an excep- tional success. There can scarcely be a neutral middle course. One of the chief causes for congratulation be- tween artists meeting at the Somervillo*Art Gal- lery during the week has been that s0 jpany reall: good pictures a American artista and so mucl honest work by New York painters were visible, HORSE NOTES. The famous trotting stallion Commodore Vander- bilt has gone to the West to spend the remainder of his days. Mr. Turnbull parted with him to General Singleton, of Boscobel stock farm, near Quincy, Il. This gentleman also owns the stallion Willie Schepper. Commodore Vanderbilt ts a very fast horse, having a record of 2:25, made on the Union Course, Long island, which {s a8 good aa 2:22 on either the Mystic, Prospect Park or Buffalo tracks, He is a most powerfully developed stallion and remarkably handsome. His colts are all fast, the stallion William Turnbull showing great speed in all his races, and, with @ good driver, can ‘trot low in the twenties, Commodore Vanderbilt wiil bd a great acquisition to the trotting stud of the Ves “When a horse comes in all wet with perspira- tion,” said an English groom to an American host- ler, “you let him stand in the stable and dry with all the dirton, In England we take the horse as he comes in from a drive and sprinkle blood- m water all over him, from his head to his feet. Then we scrape him down and blanket him, rubbing his legs and face dry, Thus, in an hour he is clean and dry, and ready to take a good teed; while, with your way, he will stand and swelter for hours, and finally dry, sticky and dirty. Our horses never founder and never take cold. We never use a curry comb, You scratch your horses too hard. Tho only care necessary is to have the water not very cold, then bathe them instantly, while you are rub- bing their legs.”’ The California papers state that Budd Doble an- noune hat he will trot Elmo against any stallion in that State, and it i thought that the challenge may be accepted by the owner of Biackbird. TROTTING AT SQVANNAE, GA. THUNDERBOLT TRACK, Jan. 18.—Trorrinc—Match 500, mile heats, best three in five, in harness, Mr. Nelson named g. g. Nick King. . -O1L1I1 P. A. Stannard named b. g. Dandy 222 Time, _ THE EXCISE LAW IN BROOKLYN, Trial of Delinquent Liquor Dealers. Alarge number of Williamsburg liquor dealers and bartenders, arrested on Sunday last for violat- ing the Excise law, were on trialin Justice Elliott's Court yesterday afternoon, The court room was crowded to suffocation by the friends of the pris« oners, and a large crowd remained outside, await- ing the result, The following named were tried by jum and were acquitted without much delibera- Uon, their counsel, Henry B. Davis, claiming that there was no proof of any of them having been licensed :—William Keating, John Wail, George G. Gould, Anton Duckrill, John Frank. The following-named delinquents were ordered to appear for examination on Wednesday nex Barney Duffy, Harmon Krey, Christian Hamps, Jo- | seph Armbruster, Louis Langenhauser, Robert | Clarkson and Ignatz Weston, AIDING THE FIPTH AVENUE HOTEL VICTIMS, A musical and literary entertainment, under the auspices of the Catholic Volunteer Literary and | Musical Association, was given last evening at Apollo Hail, Twenty-eighth street and Broadway, the proceeds of which, it was understood, were to be disposed of among the women who were suf- ferers by the Fifth Avenue Hotel fire. The house was well crowded, principally by the sympathizin; Irish girls and laboring class of the city. ‘ihe en- tertainment was fairly carried out, and for the most part amusing, The programme solos, duets, speeches, readings and de Noue of the amat wever, deserve meution for ability, with me ption of une young lady, whose singing was ry pleasing and weil received, It is hoped the money received Will be properly used for the sole object in view. We understand that there is a prospect that the 7 Williamsburg. ——— MURDER OF AN MONEST MAN,” ——_+____ The Funeral of the Ill-Fated Teamster who was Shot in the Bowery to Take Place on Sunday, ——— The Death-Stricken Home—The Sorrowful Wife ‘Weeping Over the Corpse of Her Husband— The Blood Stains on the White Horse Which He Rode—The Good Words Said of Charlie Pfeifer by Those Who Knew Him Best. Few of the many murders which have happened during the past few years ever excited such great wonder and horror as that which on Tuesday evening was committed by Michael Nixon upon Charles H, Pfeifer. The culprit is notoriously known as a ruf™an, thief and “heeler” among the good-natured “gangs” of the Sixth war, always ready by foul words and insults to get into a fray, and never scrupulous about attacking persons who resented his brutality. In contrast his victim is now proven by the good words of all those who ever knew him to have been A QUIET, CHEERFUL AND HONEST MAN,’ who worked hard for his livelthood, and never in any instance would accept a challenge to com- mence a quarrel, but was always in the habit, when subjected to blackguardism from the lips of men with whom ‘his vocation forced him to assoctate, of giving hard sayings the go-by by laughing at them and treating them as jests, Some five or six months ago Pfeifer moved from Fourth street, Williamsburg, to the house where he was residing at the time of his death, at the corner of Third and South Eighth streets, This is an aged Wooden structure, which must have been erected when that portion of Brooklyn was in its infancy. It 18 of a dail, brown color, with gloomy windows and @ frowning porch, which once might have been an evidence of the afluence of its inmates, The bell knob is hung with SOLEMN BLACK CRAPE, A HeRaLp reporter yesterday pulled {t softly after having been assured by a German grocery man who keeps shop inthe basement that Mrs. Pfeifer would like very much to see him. A little wide-eyed and rosy-lipped child opened - it with ® smile on her-~ face, and in the hall were assembled several other ehildren engaged in a sort of half timid sport, as 1f they felt the dread presence that was in the house. The stranger siowly mounted the old and creaking stairs, which, however, were very cleanly, and no- ticed as he went the cracked and broken walls, which once were @ mild azure incolor, but now were of a dirty, lugubrious gray. The children fol lowed siiently at his heels, Arrived at the top floor, he found here a rather cheerless garret, into which the light of day struggled through chinks in the closed blinds of a solitary window, There were three doors opening from the empty garret. At one of these, which seemed the entrance of a rear room, the visitor knocked, The summons wag answered by A SMALL, SAD-LOOKING WOMAN, dressed in dreary black, who asked him Kindly to come in and to take a seat. In response toan apology for his intrusion she said she desired very much to say something to him, and then, while she could restrain the tears no longer, she poured out the story of her grief in an affecting and sim- ple manner which could not but touch the heart, ‘The room was small, and in one corner, near the window, supported by two chairs, lay a long, rec- tangular object, covered with a coarse white sheet, That was the coMin. The furniture was meagre, but everything was orderly and neat. An open door showed the interior of a 8 chamber, which is the Nsoning. room of the family, Mrs. Pfeifer*immediately went to the coffin, and, lifting the white cloth from the upper part, dis- closed to view the cold and rigid face of her hus- band, talking all the time between her sobs. In its expression there was never anythiag more calin, peaceful and kindly than the pale counte- nance, and the marks of character which it displayed were so plain that the most unsktlful student of human nature could make no mistake regarding the heart of the man, The muscles about the eyes were in the posture which is initcative of customary good humor and cheerfulness. The forehead is broad and full, the lips have a kind and honest expression, and, but for the ugly stain left by the penetrating bullet and the enlargement of the side of the head where it lodged, there was more the look of sfumbering life than of unwaking death, “POOR, DEAR CHARLIE |) « The widow leaned over him, saying, ‘There he lies, my poor, dear Charlie. He’ never did anythin, to any one that they should kill him, I never hear a narsh word from him in hislife. Oh, tt is feartal!? At this moment the door was opened anda lady entered, the sister of the bereaved wile. They rushed into each other's arms and for a short time wept violently together. Then, as she turned tothe corpse, Mrs. Pfeifer said with a shudder of horror :— “Look over here where the ball entered. You see,’ she continued in piteous tones, “they cut his head in pieces and put it together again,’ “Isn’¢ it awfal?”’ said the sister in tears, “COMING HOME AFTER HIS DAY’S WORK.”? “He was just coming home after his day’s work, too. ‘The scene was too harrowing to the feelings to be a desirable one to paint with the pen. In a short time the women were more composed, and then Mrs. Pfeifer sent for her children to show them toher visitors. The baby, which is a boy, ghe brought from the bedchamber, and the thres little girls came up stairs and bashfully entered the room, The eldest 1s about nine yeare old, and has quite a pretty face, with large brown eyes, One of them has hair of @ rich auburn hue and eyes of adeep, change Lita? All of them are too young to understand fully the meaning of the tragedy which has been their loss, and to know that they are henceforth fatheriess by the buliet of an assassin. A FELLOW WORKMAN, Leaving the house a visit was made to the stable ot Mr. John Cassidy, who was the employer of the murdered man. Here was found the groom of the establishment, who mentione name of ‘Charlie’ Pfeifer with regret, and spoke earnestly of his y good qualities, He said that he had boarded in his family for several months, and that Pfeifer aiways went in and out of his house with the quietness of a child—never talking loudly or Anything offensive in his manner or hatits. ver known him to quarrel with any one, and when others were cross and attempted to make him angry he always had a pleasant word aud a laugh with which to disarm them, BLOOD ON THE HORSE HE RODE, In one of the stails of the stable stood white horse called “Harry,” the one wh deceased rode in the Bowery when he was slot by Nixon, Its mate was at the time out of the stable, “Harry” has on the right shoulder a large stain of blood, partially worn off by lying down in the straw, but still plainly visible, It was caused by the bleeding of the wound ta the head of his rider on that jatal night, and disproves with damn- ing certainty the story of Nixon. that his victim dismounted irom his horse beiore he was shot. Ib would be impossible for the blood to be there unless it dripped trom above. THE ONSEQUIES. The funeral of Charles Pieifer will occur 01 day morning, in the North Fifth street Methe church, and the ceremonies Will be in charge of the Montauk Lodge of the Order of Red Men, The re- mains will then be con ed to the Evergreens, where they will be interred, and those of an infant “son, who died a few months ago, will be placed be- side them. Pfeifer had been @ member of the above church for about three years and bore a good reputation in the congregation. THE THOMPSON STREET HOMICIDE, Williams, the Perpetrator, Arrested in Boston. The police authorities yesterday received a de- spatch from Boston, in which it was stated that Janes Williams, the colored man charged with the murder of Mary Murray, also colore@, late of 59 ‘Thompson street, by striking her on the head with an iron stove cover during & quarrel between them on the 29th ultimo, had been arrested in Boston, and was detained there awaiting orders, With the warrant 01 Coroner Herrman Detective Muiiin, of the Eighth precinct, yesterday afternoon started for Boston for the fugitive murderer, and probably will retarn with him to-day, THE LIBERTY STREET TRAGEDY, The Inquest Soon To Be Held. Coroner Keenan, in response to an inquiry by & representative of the’ HERALD yesterday, stated that on Monday he will name aday for holding an inquést on the body of Nicholas B, Duryea, ‘“pol- jey” dealer, who was literally backed to death with abowie knife in Liberty street on the evening of the 16th ultimo by his former partner, Join E, Simmons, who rematns at Bellevue Hospital, ander treatment for the fracture of his ankle, sustained duiin ¢ fatal struggle. The injured limb is still | encased in plaster of Faris, and, as Simmons will bly be kept at the hospital for two or three 8 longer, the inquest will be held at that ‘The recent alarming frequency of murder in tuis city has revived in this, as well as other cases, ao intense public interest, which Is cortalp unfavorable to the prisouer,