The New York Herald Newspaper, January 31, 1873, Page 11

bs THE COURTS. THE JUMEL ESTATE CASE. , Further Cross-Examination of Mr. Nel- son Chase, the Defendant. ‘The Wills, Property and Family Associa- tions of Madame Jomel. EXTRA STREET CLEANING. » A Claim Against the City for $86,000. John L. Brown’s Little i Bill. eae OF BUSINESS IN THE OTHER COURTS. In the United States Circuit Court yesterday the hearing of the case of George W. Bowen vs. Nelson Chase was resumed before Judge Shipman and the special jury. The cross-examination ot Mr. Nelson Chase, the defendant, occupied the whole of the day, aud had not concluded at the rising of the Court, The interrogatories addressed to the wit- ness had reference, for the most part,’to the wilis, Property and family associations of Madame Jumel. ‘The trial will be continued to-day. In the Superior Court yesterday a motion was Made before Judge Barbour in the libel suit of Frederick 8. Winston vs. Stephen English, of the Insurance Times, to set aside an order previously granted to bring the plaintiff in the case into Court to be examined by defendant's counsel as to the allegations in his complaint. Plaintiff's counsel Prosented affidavits, the reading of which, together “with a statement ’of the points at issue, the Court deemed unnecessary, beyond the fact that up to ‘this time the defendant had not been. served with @ copy of fhe complaint in questioy. Upon this the ’ whole question of the motion to set aside and the Opposition to it turned, the Court holding that the action of the defendant’s counsel was altogether *4premature; that it was absurd to suppose that counsel could examine a party upon allegations in @ complaint ofthe particulars of which he knew nothing. The motion to set aside the order toex- @mine Mr. Winston was therefore granted. ‘There was a lengthy argument yesterday, though developing no new facts, before Judge Barrett in Supreme Court, Chambers, upon two motions— First, in the Simmons vs. Wood suit, to set aside ‘® sale made by the re ceiver some two years ago; and second, to continue the receivership in the case Of Colton va. Simmons. In the latter suit, it will be remembered, a motion was made before Judge Cardozo to vacate the appointment of receiver, Which motion has never yet been decided. The suit brought by the Count Johannes against the New York Times for alleged libel, im which he Claims $26,000 damages, and which was set down for trial yesterday before Judge Van Brunt, holding Supreme Court, Circuit, was adjourned till the 19th Of Febrnary. The Court was ready and ‘anxious to Proceed with the case, but the opposing counsel @sked for delay, and, in pursuance of their request, “the same was granted. \» Yesterday was set down for the hearing of the &rgument nelore Judge Barrett, in Supreme Court, Chambers, in the case of the Foley-Palmer injunc- tion. Mr. Foley's counsel were eager to proceed ‘with the argument, but Mr. Palmer’s counsel de- Bired a little further time for preparation, and the argument was consequently postponed till to-day. » The order to show cause why the Board of Audit should not be punished for contempt througn fail- ure to comply with the writ of peremptory mand» mus directing it to audit the claim for $86,000 of John L. Brown, for extra services in cleaning the Streets, was returnable yesterday before Judge Barrett, Supreme Court, Chambers. On be- hatt of the Board some affidavits were pubmitted, showing that every effort had been made since the tssue of the writ to Dbtain from Mr. Brown of his coungel the necessary facts and figares to enable a proper audit of the account. In order to give Mr. Brown’s counsel an Opportunity to put im answering aMdavits the ar- gumeats in the case were deferred till to-day. THE JUMEL ESTATE CASE. The Salt of Bow vs. Chase—The De- (fendaat Still Under Cross-Examina- tion—Madame Jumel’s Wills—Her Prop- erty and Her Family Associations. The hearing of the case of George Washington Bowen vs. Nelson Chase was resumed yesterday in the United States Circuit Court before Judge Shipman ana the special jury. Mr. Hoar, Mr. Shaffer, Mr. Chatfield and Mr. wyer appeared as counsel for the plaintif, and . Charles O'Conor and Mr. J. ©. Carter for the defendant. Mr. Hoar briefly referred to the point that had been raised the day before—namely, whether the lefendant, Mr. Chase, shoula be allowed to testify to the time when he became acquainted with she law permitting an illegitimate child to mherit om the mother. Judge Shipman—I have looked into this matter nd am inclined to think, and will now decide, that he fact in this conflict of testimony between the Vandervoorts and Mr. Chase—the fact of his igno- nce or knowledge of that statute—may be proved. Mr. O'Conor then calied Mr. Chase to the stand, | ting that he had but one or two questions to ask im. Q, Before the 26th of September, 1866, did you rnow of the existence of this statute of the State of lew York allowing an illegitimate child to inherit he mother? A. I did know of that law some me before that. 9. Can you say whether or not you knew of it polore your then counsel was engaged in the case / - in Sarat Had you agency in that matter? A. No ais Mrs. Free: aa was tarned out under a writ of possession in suit that was commenced by Champlain Bowen nd his coplaintitts against me ; the tenants havi to give me @ notice of the suit: it was to me, and I had nothing to do with turning I Mrs. Freeman in the American Jasked her when was the first heard of George Washington plied, fag the Sree, dime she ever e Bi that, I told her to leave the place, iid BEAMINATION OF MR. NELSON CHASE CON- TINUED. ation of ‘Mr. Chase was then D by counsel for plaintif. Mr. Ch: in (app A wan’ out Cy he mi n & trip with my wife and vent ee . Jumel’s death, ‘in June, to Ulster county; we remained month there; after that we went to Hof: Gate; we stepped there about a hh; that Madame Jumel went before us to Leb: rie gid to look for lodgings; wile, and we followed her; then we ‘ a, some time, | think, in the latter 11832; we remained at Saratoga intl quite late in the Fall, about November; do not remember while stopping in Colam- county having any difcuity with Madame umel about her property; in 1833 I was living the mansion with my wile, and was studying jw in the office of Colonel Aaron Burr. The wit- ‘was then cross-examined in reference to the it and character of the property in litigation. of the trees on the Property. he sald, had cut down from time to time in Madame’s life- ne; the trees consisted of some hickory, oak and nut; Mr. Paul R. G. Pery went, I think, to in the Winter of 1964-5; Isaw him at the usion about the time he was preparing to go; it that time my son William was keeping a ocery in New York, but I cannot say that fir. ry tag with him; Madame Jumel set up my io will; Ido ry great! against think Madame meth any ait culty with son or Mr. Pery about that grocery: {never d that Madame had accused eit! Mr. Pery of having robbed her in regards that Ty; my Sop was married toa Miss Roilston, abe is now living With mv son at the mansion: is that [ saw Cy ys the Inglis will G examined her papers; | have no recollection that Madame gave me the custody of that will recolection ts that I read it when I first saw it; have a belief that 1 examined it tn the presence of Madame Jumel; I have a strong impreasion that saw the will in.the presence of Madame Jumel, and 1 saw it in 1855; I know the fact that I saw the will and read it; [am quite sure chat Madame’s trunks and drawers were lett unlocked at the time she went to Europe, except one trunk that had a secret spring, and I had tho ke of it; I tound the will; it was endorse “Madame Jumel’s will; I had never seen this will before 1851; I have & recoliection that I saw it as late as 1866 or 1857; I saw tt tu a chest of draw- ers in the room in the mansion occupied by Mme. Jumel; [ have no distinct recollection of ever reading the will but once; did not see that will as late as 1859; I have @ recollection that Mrs. Pery was living at the mansion at the time I last saw that will; [ was in the habit of going to that chest of drawers for Madame down td the time of Madame’s death; I used to go to the chest of draw- ers at the request of Madame. Q. When and where did you first see the Hotland- Smith will of 1863? A. Lfrst saw itin the hands of my daughter, who had taken it from a drawer in the room where Mme. Jumei died; that was the day aiter Mme. Jumel’s death; Madame's corpse then lay in one of the parlors oi the mansion; that will was retained untu a few days alter the fu- neral, when some ot the executors came to the mansion in the evening and remained there for about an hour; [ did not go into the room where tne executors were; the will was not read in my presence ; I had not read the will beiore the execu- tors came there, but | knew from iiormation the contents of it; [do not know who <rew that will; T never said at that time that Madame’s mind was as sound as a dollar; 1 never heard that the wil had been sent to a lawyer in Wall street to be examined; [ have no doubt T have made affidavits about that will, but I would like to see them before stating their contents; alter Madame's death | made search for papel found deeds; all the deeds that have been juced here; if I stated on the last trial that t found no other papers but the will I referred to testamen- tary papers; | found some leases; 1 may have found letters; I_have a letter in Mademe Jumel’s hand- writing; I produce it; [ suppose | Lave other let- ters of Madame’s; i have one letter from her, but it is just now misiaid; is addressed to me, and is dated from Nice; the body of the letter and the signature are in her handwriting; 1 am not aware that any of Mr. Jumel’s papers were destroyed; had been always friendly with the Jones fainily from the time I became acquainted with them; Madame Jumet did not attend the funeral of my wife; since 1854 [do not know of Madame visiting*the Jones’ or Mrs, Tranckeil; I do not think I have seen the Smith-Barker will, but I cannot remember avout it; witness was cross-examined as to his settie- ment with the Jones’ under the wili suit; at the time of making the conveyances the first one was held as security by Mr, Wetmore until I paid the $40,000 to the Jones’; after that I entered into an arrangement with my two children; that was before I commenced to break the will. During the progress of the cross-examination a somewhat sharp discussion ensued between the counse! on both sides as to the exact language of certain answers given by the witness. .Counsel for plaintiff asserted that the witness had answer- ed in one way, while counsel for defendant main- tained that he had answered in & manner entirely different. The dispute was finally ended by an appeal to the stenographer, Mr. William F, Bo- nynge, Who read off his motes to the Court and jury with the facility of an expert. The stenographic notes bore out the énterpretation put upon the answers of the witness by counsel for the defen- dant. In the farther course of lis cross-examination, Mr. Chase said the date of the first instrument of my sevtiement with the Jones’ is the 29th of July, 1865; it was recorded on the 27th of December, 1866; the paper as to the 99 [o0ths to the Jones’ 1s dated 29th of July, 1865; it was recorded the z9tn day of September, 1806, Q. Have you any papers relating to the Leahy treaty, as it has been termed, between Pau R. G. Pery, his father, Madame Jumel and your daugh- ter, except the two letters that have been intro- duced of the 22d of May and the 26th of May, 1854? As [have none. Q. Did you, in your answer in the suit of Stephen Jumel Jones and others against yourself and others, set up that marriage treaty’ A. If you will let me see the answer [can tell you. (The answer was handed to witness, and he said it was a copy of the ariswer when this suit was in the Court of Common Pleas.) Counsel cross-examining occupied @ considerable tume in reading to the segs age full of legal verbiage, answers to gutta, &c., sworn to by Mr. Chase, who was questioned as to he had made certain state- ments therein not in conformity with the statements made on his behulf in the present suit, ‘The object of the cross-examination on this Pe appeared to be to show that Mr. Chase had, in other suits, offered to prove by witnesses that the value of the property in litigation did not ex- ceed @ million of dollars. Mr. Chase said that what- ever he stated in affidavits on that subject he stood to now. Counsel for plaintiff offered to show by the will of Madame Jumel that a liberal provision had been made ior Mrs, Pery. Mr. O’Conor said the will was net in evidence, but the other side had a right to read it, though he dented that it was the will of Madame Jumel, Witness went on to say that he never made the admission that Maria Jones was the sister of Madame Jumel; that was a question that was never moeted in the family; about the time of the ‘Will trial witness went to Khode Island with Mr. Dunning; conversed with people in Providence; went there to make explorations and examina- tions in regard to the early origin of Madame Jumel; went there to trace the relationship of the Joneses and Madame Jumel; did nov believe that he disciosed the name of Madame to any one there; visited the City Cierk’s office; went to Rhode Island to get information about Madame Jumel to show her origin as connected with the family of the Joneses; had no doubt that he had stated at the last trial that he went to Rhode Island to get in- formation avout the family of Madame Jumel; he examined @ box of old papers in the town of Smith- field, R, L, but got no information from them; ex- amined beoks in the City Clerk’s office of Provi- dence; cannot remember whether or not he ex- amined any other records but books in Providence; did not know George W. Bowen then; kad not heard of him then, and did not inquire for him; did not employ persons to inquire about him then, but did afterwards; went to Providence again durin; the pendency of the Champlain-Bowen ease wit! Mr. Carter; employed Mr. Hart as a lawyer in Providence, through Mr. O’Conor; ir. Hart was employed by witness about the time of the Howard-smith will case; Juage Staples and Mr. Bosworth were also employed by witness; never employed a person by the name of Martin; Mr. Hart's final bill was $1,500, which witness him; understood from Mr. O’'Conor that he paid a retaining fee of $500 to Mr. Hart, ness paid back that money to Mr. O’Conor; there may have been some disbursements paid to Mr. Hart for his attendance at this trial, but nothing for his professional services; the $1,500 paid to Mr. Hart was for his services up to the end- ing of the will controversy; cannot say the time witness retained Martin & Smith, who had been counsel for the defendant in the will suit—the John Howard Smith suit; has means of fixing the date by papers; there was a room in the Jumel mansion called the “Washington Room;” cannot tell why it was called the ‘Washington Room;"' re- members it first to have been called the “Washing- ton Room” about 1860; Madame used to say that she had heard General Washington slept there when it was his headquarters; saw a bedstead which was brought there’ when these lived, at the mansion; ww it brought into the room; there was a French bedstead in the mansion with posts that reached up to the ceiling; believes bn the aged had in it was because she purchased it cheaply— (laughter) — never heard that Madame had any relics or memo- rials of General Washington; she admired General Washington very much, as all other Amert- cans do; there is @ portrait of Gen Washington in the Jumel mansion ; I was married by Archbishop McCloskey on the 12th of August, 1868; not a dollar, the proceeds of this estate, had gone into th hands of my wife or of my father-in- Mr. Denning; my father-in-law has not purchased & farm in Westchester county in my name ith money furnished by me; I never furnishea a shilling for any such purpose ; my father-in-law is quite able to pay for any purchase that h a make; in this case Mr, @harles 0’Conor and Mr. J. C. Carter are my counsel: also a young gentleman, Mr. Stickney, who has come in to assist; Mr. Edsill has also assisted in this litigation; I have also em- ployed Jacob Depue; Mr. Bracken, @ lawyer, was sent to North Carolina to make inquiries; I ,have no recollectio! Judge Pierrepont saying on the trial of the will su.t that my wife was the illegiti- mate daughter of Madame Jumel; I did not give him any instractions or information as to the ori- gin of my wite; Ido not remember to have done 80. you say positively that you did not tell Q. Will him Madame Jumel was the mother of wife? A. Isay 1 believe L told him Mrs. ‘Maria Joues was her mother. Q. Will you say positively you did not tell him that Madame Jumel was the mother of your wife? A, I do not believe [ ever told him so. The witness was further cross-examined as to whether he had not heard Mr. O’Conor make cer- tain statements in Court on the trial of the willeuit to the effect that if Madame Jumel had not had chil- dren when young she was not a fruitful woman, for she had Ce eet poe enough. Mr. Chase stated that. he did not recollect such @ statement. He Was also asked whether he was in on the will suit trial, when Mr. Pierrepont said Madame Jumel had “loved wisely, but not too well?!’ (Great laughter followed this questi at on Hoar correcting Mr. Sha! le Peter arta eat et, Sloved not examination of Mr. Mr. Carter, of counsel for defendant, Teceived @ uotice tua, evening from qgunsel for Plaintiff informing him that the plaintiff intended, on Saturday next, at ten o'clock, to take the de- Position of one Alice Draper, at ly, in Massa- Chussetts. Ali he had to say in reply was that he did not admit the plaintii's right to take that de- ition, It was plainly illegal. The pat was und to take his testimony and have it ready for the trial, and the plaintiff could not jerk bis ad- versary away from on, ents in that man- ner during the actual trial of the cause in court. Mr. ‘O'Conor said he protested against the notice. It mae aay irregular, and the defendant did not regard it fudge Shipman said he did not think that at such a << of the case the Court should be called upon to take the deposition of a party out of fhe State. It was not the practice In Connecticut to do 80. He said this without saying what his rulin, would be if the deposition was brought {ute Cour and offered, ‘The case waa then adjourned till this morning. EXTRA STREET CLEANING. ‘The Claim of John L. Brown for Righty- six Thousand Dollars Extra Services and the Board of Audit—Why the Claim Has Not Been Audited Pursuant toa Writ of Peremptory Mandamus— Motion to Punish the Board for Con- tempt. John L. Brown claims that the city owes him $86,000 for extra services in 1871 in cleaning tne streets. As the Board of Audit would not pass upon the claim, and put the matter insuch a shape as to allow Mr. Brown to get a warrant on the city exchequer for the amount, application was made some time since at Supreme Court, Chambers, on his behalf. for a peremptory mandamus against the Board of Audit, directing them to audit the claim, This writ was granted, but with an allowance of twenty days’ time in which to comply with the stipulations, The twenty days passing and the writ being neither complied with nor any return made to the same, application was made for an or- der to show cause why A, I. Green and Henry H. Stebbins, members of the Board of Audit, should not be punished for contempt of court through fail- ure to comply with the writ, This motion came tg for argument yesterday before Judge Barrevt, hold- ingoe reme Court, Chambers, ir. West stated the circumstances under which the peremptory writ of mandamus was granted, how copies of the same had been served upon each member of the Board, how Mr. Van Voorst, one of the members, was willing to audit the claim, but Messrs. Green and Stebbins were not; how he had waited beyond the appointed time, and, finding no likelihood of the writ being complica with, he now asked the punishment of the latter two gen- tlemen for contempt of Court, Mr. Strahan, in opposition, read several affida- vits going to show, as he claimed, that the whole fault in the matter lay with the other side. These amMdavits set forth @ general fishing expedition after the facts and figures upon which Mr, Brown bases his claim. The result was that neither Mr. Brown nor his counsel would give any facts to rep- resentatives of the Board. He insisted thatthe two members of the Board in ory were willing and anxious to audit the bill, but they could not do so without the proper data being furnished them. Judge Barrett said that the Board had no doubt been guilty of a technical contempt, but, as shown in the affidavita made, were seeking the proper information upon which to comply with the writ. He desired that Mr. Brown should be paid all he was entitled to, but nota dollar more, and such evidently was the wish of the Board. After some further remarks tt was finaliy decided to let some answering affidavits be submitted on behalf of Mr. Brown, and the cuse will be reargued on the reassembling o1 the Court to-day. BUSINESS IN THE OTHER COURTS. cig ihe SUPREME COI CHAMBERS. Decisions. By Judge Barrett. De Peyster vs. Duun et al.—-i@port confirmed and judgment granted. Prouty vs. Haggerty et al.—Motion denied, with $10 costs. Pittsburg and Idaho Gold Mining Company vs. F. F, Oram.—Motion to vacate order of arrest denied, with $10 costs. In the matter of the petition of Mary McMullen for the payment of money. Report confirmed and orde¥ granted. Mary Van Blarcum. vs. James A. Van Blarcum.— Motion granted, counsel fee of $150 and alimony $15 per week, SUPERIOR COURT—SPECIAL TERM. By Judge Barbour. Cunningham vs. Dry Dock Railroad Company.— Order o1 discontinuance. Winston vs, English.— Motion granted. Keechler vs. Stumme.—Order to plead. Van Pelt vs. United States Metallic Spring Boot and Shoe Heel Company.—Judgment and decree for plaintim. Keechler va, Selen.—Metion denied. COURT OF COMMON PLEAS—SPECIAL TERM. Decisions. By Judge Loew. Ostrander vs, Ostrander.—Motion granted. Neefus vs. Cole.—Motion to continue injunction denied on the ground that the Court has not ac- quired jurisdiction of the action. Drislane vs. Webster.—Motion denied without costs. The People vs. Fields.—Order to be settled on two days’ notice. COURT OF GENERAL ZESSIONS. A Daring Young Pickpocket Sent to the State Prison. Before Judge Sutherland. At the opening of the Court yesterday Dennis Shea, a youth, indicted for robbery, pleaded guilty to petit larceny from the person. On the Mth of this month, while Mrs. Chatfeld was walking through Lexington avenue, the prisoner violently setzed her portemonnaie, containing $6. The City Judge, in passing sentence, said that it must have required a good deal of courage and deviitry com- bined to perpetrate this larceny, and imposed the severest penalty the law allowed, which was im- prisonment in the State Prison for five years. A Shooting Affray in Liberty Street—A ‘Well-known Citizen of the First Ward Sent to the State Prison for Ten Years. The res‘ of the day was occupied in the trial of an indictment for a felonious assault preferred against Mathew Toole, who was vharged with firing four shots at Michael Burns early ia the morning of the ist of September, in Liberty street. It ap- peared from the testimony of the witnesses on both sides, all of whom were residents of the First ward, that the,parties were in the Northern Hotel drink- ing; that while there Toole and Burns exchanged angry werds, and when they subsequently poached the street, according to Burns’ statement, Toole fired four shots, one of which led; in his back. The testimony was conflicting. One witness for the defence, the brother of the prisoner, swore that he Knew who fired the shots, but would not tell, be- cause it would criminate himself. Mr. Russell pro- duced the records of the Court, showing thata witness for the defence was convicted of man- slaughter in Februarv, 1859. Witnesses were sworn to show that Burms, the complainant, was a turbulent and dangerous character; but the evidence of ie shooting clear that the jury rendered a i guilty without leaving their seats. Judge jutheriand, in passing sentence, said that human life must be protected, and sent Burns to the State prison fer ten years. ‘This case created consider- able interest among the politicians of the First ward, many of whom were present in Court. It ia understood that a few years ago Toole had as much Pelitical influence as any resident of the down- town wards. His powerful backers availed noth- ing, however, when bri it befere the bar of the General Sessions; for Distriet Attorney Russell ited the case with the utmost vigor, and His lonor Judge Sutherland did not hesitate to im) the highest penalty the law attached te the crime. Petit Larceny. Louisa C. Ogden, who was charged with stealing, on the 18th of December, $28 worth ot clothing, the property of Susan Green, pleaded guilty to petit Teeny, and was sent to the Penitentiary for two months. Carrying Co: led Weapons. John Smith pleaded guilty to violating the statute against carrying concealed weapons, by having in his possession a “billy” with intent to t Was sent to the Penitentiary for six months. inns An Acquittal, Charles Byers was tried upon a charge of break- ing into the poultry establishment of Henry Bryan on the 3ist of December, at Fulton Market. It ap- peared that John Miller was jointly indicted and * pleaded guilty, he having been found in the premi- ses. The only testimony against. the accused was that ofa colored man nai Williams, who, by his own statement, knew that the burglary was to be committed put neglected vo inform the police, Mr, Kintzing called a number of witnesses who proved the food character of the aad and the jury red @ verdict of ng guilty. The Close of the Term. The jurors were discharged for the term. Dur- ing the January term just closed about one hun- dred and fifty cases have been disposed of, which, considering that neither the presiding judge nor the prosecuting om were familiar with the routine ‘autos: mit Temarkable mon’ is that if the newly elected prosecuting officers were able to get rid #0 many prisoners in entering Upow the dlvcharee of thelr guerous ducicg, that tue, rison’ wifl be ‘cleared before ing, and that ereaiter Criminals will have trials, COURT OF SPECIAL SESSIONS, Before Judges Dowling, Hogan and Scott. The Court opencd yesterday with a calendar of twenty-seven cases, which were speedily disposed of, Most of the prisoners pleaded guilty, and were sentenced to various terms in the Penitentiary, the terms ranging from two to four montha. Edward Gunn and Stephen Richards, boys of about eighteen, were arraigned, charged with an attempt to steal a barrel of four. 8. N. Tucker, a clerk in the employ of Jamos H. Smith, grocer, corner of Thirty-thira street and Second avenue, caught them in the act of rolling the barrel away. The grocer, learning that Quinn had previously borne a good character, waa un- willing to press the charge, but the Court com- pelied him to do so. ‘They were each sentenced to six months in the Penitentiary. The next case was that of George Rhodes againat Thomas Woods and John Wilson. Officer McDonnell, of the Third precinct, on Thursday last saw them take hold of Khodes, who was then intoxicated, and lead him through Veaey, Church and finally down to Washington street, when they unbuttoned his coat and abstracted his watch and some money. Rhodes was placed on the stand, but from his ignorance of the language made a peculiar wit- ness, Judge Dowling—Did you lose anything ? Witness—No; I dond loosg nodings; 1 gots him all pack. Judge Dowling--Was anything taken from you on the 23d of January ¢ Witness—Yes; dot. vellow (pointing to one of the prisoners). Woods pleaded guilty and got four months. Wilson received six months. Solomon Resenthal was charged with having stolen $4 worth of tape at Topping’s auction, in Church street. Detective Hamel made the arrest. A witness appeared in behalf of Rosenthal. He said he did not know the “poor shentieman, but dia was all wrong. I see dat poor gentieman go along Church atreet dat doy and stop to pick up @ reel." Judge Dowling—I have heard enough of your tes- timony. Six months in the Penitentiary, TOMBS POLICE COURT. Before Judge Hogan. Arrest of a» Number of Car Pickpocketsa— Eseape of One of the Prisoners—A Beg- ging Impostor Brought to Grief. Of late travellers on our street cara have been subjected to the depredations of thieves and pick- pockets to an unusual extent. The inclemency of the weather and the consequent difficulty of trans- portation, causing the overcrowding of these vehi- cles, has opened a fine fleld for professional oper- ators, of which they have not been slow to avail themselves. One of the victims of tnose gentry was Dr. Alex- ander MacDonald, one of the attendantphysicians on Blackwell's Island, On tho 23d inst., while riding on @ Third avenue car, he was relieved of a heavy ie) watch valued at over two hundred dol- lars. On the same day Mr. Gustavus Levy, a law- yer, doing business at 15 Ventre street, while riding in a Fourth avenue car, was also relieved of # similar watch of like value. From the descrip- tion furnished by the former genticman of the men whom he suspected of the theft the detectives at the Central Office, Heidelberg and Bennett, ar- rested John Russell and John Walsh. Both were identified by the doctor as fellow passengers who had crowded him on the car. Acting on informa- tion furnished by Mr. Levy, Detective Tilley ar- rested John Hayes and another man. John Russell waa also brought up, and he and one Ernest F. Ebhard were also identified as having been on the WYourth avenue car at the time of the robbery. Hayes, Waish and Russell were held by Judge Hogan in $2,500 each to answer. They were sent down stairs at about twelve o'clock M, yesterday. {Russell summoned counsel, and was brought down to the room used for the purpose of consultation, At the time one Mrs. Mack was in the Tombs visit- ing @ prisoner. On his way back to his cell Russell contrived to get possession of her ticket very adroitly and cooliy walked out of the prison. Mrs. Mack was arraigned before Judge Hogan, charged with aiding and abetting the escaperof a prisoner. In reply to questions, she stated that the man Russell was entirely unknown to her, and had procured her ticket surreptitiously and with- out any connivance on ber part. She was held, however, for (rial. Ernest Dounn was arraigned on the complaint of John P. Hauschek, 104 Contre street, charged with obtaining money under false pretences. He pre- sented a letter to theslatter, purporting to be signed by the Rev, George A. Vosburgh, of St. Matthew's church, soliciting pecuniary aid. Haus- chek, suspecting him to be an extortioner, had him arrested. ‘The letter described the bearer as a very worthy person, and Cage assistance, The reverend gentieiman when sent for disclaimd the authorship and all knowledge of the person who presented tt. Dounn was held i@ $1,000 bail to answer. COURT OF APPEALS CALENDAR. ALBANY, Jan. 30, 1873, ‘the following ia the Court of Appeais day calen- a tor January 31:—Nes. 25, 41, 28, 48, 49, . » 50, 64, BOARD OF ALDERMEN. The City Court House Leases—The De- partment ef Public Works To Be Removed to the City Hall. The usual weekly meeting of this Board was held yesterday, President Vance in the chair. LEASES OF COURT HOUSES. Riderman Coorer moved That the Comptroller furnish to this Board a statement of all leasos now existing on file In his department which have been or which are claimed to have been made and entered into on behalf of the city of New York tor the use of the various Courts, and the rents roserved therein, and the time when said leases will expire, when and by whom executed : The resolution was adopted. THE PUBLIC WORKS DEPARTMENT. Alderman VAN ScHaIckK said that he desired to state, on behalf of the special committee of the Common Council appointed to provide accommo- dation for the Department of Public Works, that the committee had virtually agreed upon an ar- Tangement that would give in the City Hall suffi- cient accommodation for the Department of Public Works. The committee had been unable to get together at present for the formal agreement as to this report; but the fact was—and it was desirable that it should be anneunced for the benefit of the owners of the buildi now occupied by the De- partment of Public Works—that that’ buildin; would not be required by the city after the 1st o! lay. The report of the committee was received. REMOVAL OF ASHES AND GARBAGE. Alderman MONaEIMER called up a general order which asked the Board of Health to request the Street Cleaning Bureau to remove all asnes and garbage from the streets before eight A.M. The resolution was adopted. The Board then adjourned, THE NILSSON ARMORY INVESTIGATION. Evidence of Mr. J. B. Young and Mr. Woodworth—Colonel Poultsey’s Evi- dence Is Now Ordered ‘and the Inquiry To Be Closed at the Next Meeting. A meeting of the Committee on the Nilsson Hall Armory Investigation was held in the Chamber of the Board of Aldermen yesterday. The witnesses examined were Mr. J. B. Young, the lessee of the hall, and Mr. Woodworth. In the course of Mr. Young's testimony he said that the memorandum he gave Mr. Anfenger and Mr. Stent, in which the terms for letting Nilsson Hall were stated, was simply given as the basis of @ proposal to be made to Mr. Young by those par- tide tor his cons tion; the card, having his name, placed the bottom of this paper, hd a _ i re agpno-on a Bail icked ui Ne ar one he Toon of the hotel: he had not given them the card for the purpose they had used it for; he did not make any agreement with those parties for a lease; the lessee, Daniel Fallon, had called upon him, but ony with Colonel Poultsey; the lat- terhe had known as avery honorable man for twenty years, and it was upon representations made by that gentleman that he had leased the property to Daniel Fallon; the amount obtained ($9,500) was a better offer than that of Mr. Anfenger, because it was fora part ofthe Nilsson Hall pro} erty and not for the whole of it; he was not toid that it was intended to relet the property to the city foran armory; Mr. Young said that he had nothing to conceal; he let the hall to Daniel Fallon on the representations of Colonel Poultsey, in whom he had great confidence. Mr. Sroogworth, ie his testimony, said he was purchaser of the Nilsson Hall property 5 he bought it two years ago; he gave it over to Young to let for him; bad never seen Mi jon; had given originally $55,000 for the property, and had spent about forty-five thousand dollars upon it since; he thought the rent 4ge,con) was a fair rent, consider- ing that it was leased for ten years; he had the abstract of the bine) and would produce it before the committee if desired. Colonel Poultsey sent a letter, addressed to the chairman, Supervisor Cooper, which was read by Supervisor McCafferty, that stated that the reason he had not appeared before the committee was that his connection with the leasing was that of attorney en} for his client, Mr. Fallon, and he could not disclose Segyteen es Feference thereto Without violating the confidence that was always re) by clients in their lawyers. ythe, who appeared for Daniel Fallon, boy ae ney would absolve Colone} Poultsey from ol jon. The inquiry was then adjourned antil Monda: ven o'clock, when it was understood el Poultsey would answer the subpoena that had been served upon him and give evidence. ie were et ee (J je cH socing of evidence woul joned, 16 Wi vs the meeting on Monday next _Mhought, Tho. Sweetwater Defranding Pension Agent in @ Bad Fix—In Court with an Array of - Counsel and Witnesses—How a Fow of the Frauds Were Perpetrated— Sorry Outlook for Boyd. Knoxviuce, Tenn., Jan. 25, 1873, The trial of Thomas G. Boyd commenced on Mon- ay last before the United States Circuit and Diq- trict Court, presided over by Judges Emmons and ‘Trigg, and has been the topic of absorbing interest during its progress. The prisoner failed to give the necessary bail, and has passed his time in jail when not in court or in custody of the United States Marshals, He occupies a cell with four other prisoners, three of whom are offenders against the revenue laws and the other accused of robbery— entire privacy not being possible owing to the crowded condition of the jail, When brought before the Court the prisoner, through bia counsel, announced that be was not ready for trial, ewing to the haste with which the case was being pressed and the ab- sence of several important witnesses. The pris- oner “regretted his absence” at the last term of Vourt, and expressed the opinion that, owing to the prevailing public excitement, a fair and impar- tial trial could not be had. The afidavit for the continuance was a lengthy document, and occu- pied considerable time in its reading, but as it would not be of general interest I will not give it. THR JUDGE'S REMARKS, The Court refused to grant the continuance on the ground that two postponements had already occurred, and to the fact that no effort had been made to procure the attendance of witnesses at the Vali term last year. ‘The following is the learned Judge's decision :— * He (the defendant, Boyd) had fled from justice circumstances so extraordinary and xo carefully pl 4s to enable his bat!, ashe sweirs he intended they do. to suggesthis death upon the record, with the intention of still 1urther detvauding the governuient of the sums in Which they were bound for hls appearance. Where: he was during his abseuce, what communications ho held or might hayo held with'his witnesses, whether they are triendly or hostile and would have come upon re- quest, why he did not subpana then, what reason he hay hereafter to expect them ‘or that they would be hero now, or even that he expeoted thom at all, is not.even hinted at in this extraor- dinury affidavit. None of the manitold circumstances whiol we i ‘him reasona- ble would have been prepared tor triul, or showing at least a plausible oxcuse why he ouit- ted proparauion and could, tere‘ore, axk a continuance, are given. Upou what ground learned counsel supposed the Court could, without a gross violation of law, continue this cause we are unable to conceive, Tho paper presented seems to have geen tramed in the idea that there Was bo duty of diligence incumbent upon the defendant. Iw apparent argument swould seom to assume that the government must not proceed until the convenience and even the caprices and desporate experiments ot the defendant in endeavoring at a trial at all had left him leisure to attend to the ¥ aud lawtul mode¥ of ineeting a public accusa- tion in Court. It presents but the bald, unrelieved case of a defendant fleeing trom justice after trial in one case and from twonty-five other similar indictments, and, without detail oi kind, a return a day or two before the (ria) ouncement that, for some wholly , he ls not ready for trial. Why, is not said. excusatory explanation of the year's howllgerice ts madg.; but in the attitude of an accused the high officials ot the government and its counsel, the action of grand jurors and prosecutions are denounced as oppressive. FALLURB TO GIVE BOND, A second attempt to give bond having failed in obtaining the requisite amount Boyd's counsel electrified the Court and spectators by asking leave to withdraw the plea of ‘not guilty’ in the case of “The United States vs. Thomas G. Boyd," known as “The Martha J. Upton Case," for fraudu- Jent pension claim, which is the ene on trial, The request brought Colonel Baxter, counset for the government, to his feet, who expressed his sur. prise at the demand and hoped that it would not be entertained, but the trial be allowed to proceed, The motion was refused by the Court, the jury was empanelied, each side exercising their pre- Togative in challenges and excluding men sup- posed to be influenced by political aMliations, THR TRIAL COMMENCED on Thursday morning, when the indictment was read, which charges the prisoner with forgery in presenting a pension claim for Martna J. Upton, colored, widow of Frank Upton, a deceased fed- eral soldier, and six children, whereas it is alleged that she had only four, Boyd having fraud- wiently filled up the original application, the widow being unable to read or write, and con- sequently ignorant of its’ contents. In this case collateral evidence has been allowed pro and con, and, in consequence, many facts im other cases pending against the prisoner have been elicited, involving him in the intricacies of a web from which it will be extremely diMcuit to extricate himself. WHOLESALE ATTEMPT AT SWINDLING, The defendant gave full scope to his genius in this line in numerous instances, but in none was it more clearly demonstrated than in presenting the claim of Captain Goiman Bryson’s company of Na- tional Guards, an irregular body of men, whose the- atre ot operations was chiefly in the mountains of East Tennessee and Western North Carolina. This command was never regularly mustered into ser- vice, and at the close of the war @ special act of Congress was passed Eth | iton the same foot- ing as other troops. This afforded ampie OPPORTUNITIES FOR FRAUDS, which were practised with a boldness that for a time gave no suspicion, and detection only re- Suited when & genuine olaim was presented for ayment at the Department in Washington, when ft ‘was found that a fraudulent claim for the same party had been paid. One of this class was ex- amined as @ witness tor the government. His name was uel Elliott, and Boyd had reported him as having died in the army ip the year 1863, and had applied for a pension for his minor chil- dren, St; lung himself their guardian. Elliott de- nied having died at the time specified, and stated ng the names assigned ed any knowledge of the same name as his ryson’s company had on but Boyd afterwards under hould them by Boyd, and disclaim any other person bearin own. The original roll of it eighty-three names, add Many others, until the Ist was swelled to 137. He had for a willing toot m carrying out this stupendous fraud @ fellow named A. T. W. Payne, formerly a lieu- tenant in the compaiy mentiemed sbove, who was established in buainess at Creek by Thomas G. Boyd, and farnished with s steck of goods for the purpose of buying up claims against the gov- ernment. In this he was eminently successful, and purchased a large number. This was easy of ac- complis! t, ag at the time money was extremel scarce, the peeple were compelled to part wi their claims at & great sacrifice, the bulk of which found its way into Boyd’s pockets and those of his hired accomplices. In prosecuting claims he exercised the widest latitude, and in many cases fictitious names were supplied in place of living persons, and they in turn “identified” by others equally imaginary. His profits were large, and if he had not been inter- rupted in his nefarious schemes they would have been enormously so; but owing to the energy of the Secret Service Department the frauds were de- tected and a stop put to them. Se numerous were the false claims unearthed that Boyd resolved on the PLAN OF A SEEMING DEATH, which, however, involved toe much machinery in the number of persons necessarily employed, and the deception was exposed ina shert time, and it is doubtful if ae ae now be found who would admit their guilibility ip believing It, unless, perhaps, one of his counsel might. One by one the faets in the case on trial have been brought to light, ther with others that will exert @ powel influence im the other cases pent it the prisoner, and he now stands in such an attitude that his friends are powerless to aid him, aad his conviction is re- rded as only a question ef time. in the frauds pe ni Uni in the case now in pro y shows 8 deep laid scheme for the working of claims unequalled in numbers and the amount involved by other in the country, as I am assured by an oa Bo the Treasury Department, now here layed Boyd to-day by eb ther-ti was played on today by 8 bro! in-law, & Witness named B. ©. Pettitt, formerly County Court Clerk of Monroe couaty, stating that the de- fendant had forged his ment as guardisao, d surreptitiously obtained his oficial be Sa nd seal thereto in two imstances. He admitted his own handwriting, but averred that he did not know when or under what circumstances he signed them, or how, after they wi signed, the papers were taken from his possession. This was a thun- derbolt to Boyd’s counsel, as Pettitt was one of their witnesses, and doubtless the exp! of the immortal Roman, “£t tu Brute!” was upper- most in their minds when his defection was clearly demonstrated. A special relaxing of the rule in such cases was rmitted by the Court in this instance, which al- lowed the Lantnedt to treat ao Ning | hana l| fo he been summoned o e_ prose: The case is under full headway, the examination of witnesses not being yet concluded, and when that is done at least two davs will be required for argu- ment befere it will be submitted the jury, 80 that it 18 Not probable it will be concluded before the latter ofnext week. Boyd’s health is _ ing, which i attributed to his confinement, jail being one of the most uncomfortable known, except, perhaps, the famous “Black Hole of Cal- outta,” though he still keeps ap @ show of spirita; but tue expectation Of lis acquittal, with the array + Al u of testimony prodaced,.ia almost “hoptag againat BOYD'S ATTEMPTED ESCAPE. _ The Sweetwater Deinulting Government Pension Agent Uncomfortable in Ja: Another Effort to Avoid the Judgment of the United States Courts—The Sherif “Removes” Boyd and His Companions. Knoxvinne, Tenn., Jan. 27, 1873. Yesterday afternoon, about one o'clock, a con- spiracy to escape waa discovered among the pris- oners confined in jailin this city, which waa or- tunately discovered in time to prevent ita accom- plishment, or the case of “The United States va Thomas @. Boyd,” now pending in the Rev Court, would neceasarily have been “continued,” ashe and his counsel so earnestly desired a tew days ago. At the hour mentioned the jailer, R. tT D'Ar- mond, heard unusually loud singing among tie prisoners, and past experience having taugit him that when hia “boarders’’ made extraordinary (n- dications of a religious nature it was menerully with a view of concealing some rascality, he thought it not amiss to investigate the matter, and, ate tioning himself outside the ja walla, betweem the resounding chorused he distinguished the sound of blows deadened as by the interposition of some soft aubstance. Commu- nicating his suspicions to Shertit V. i Gossest. that oMicer placed: himself at the prison door and di- rectod the jailer to examine the cells. Proceeding with caation and rity to the second foor he saw one of the pr.soners, John D, Mangrum by name, who is CONFINED IN BOYD'S CEL leap to the floor from the shoulder prisoner, This satistiead him that whatever it was, was being made there, and ing he asked Boyd if he had any tools, who rep inthe negative. The jatler then asked Max if he had any, and he made a similar answe: as the latter seemed averse to leave a cori of the cell to which he had retreated the officer pro- ceeded to search him, and found under e arm small, finely tempered steel saw, and under the other @ chisel, Pursuing is investigations tuc- ther he found ander their blankets two bottles filled with sand and water encased IN A PATR OF SOOKS. The tdea, doubtiess, was to use the dilution te assist in sawing the stone walls if they au: ed in getting outside of the cell, but the prisonera said they had intended using thein as offensive weapons if the necessity was forced on them. However, as the jailor has # penohant for sboot- ing and is a passable marksinan, they probably thought it advisable not to get into a fight witn him then. The cell is aetaassive stone vault, celled with heavy boiler iron, and an examination showed that they had succeeded in cutting of smull piece of the corner of a sheet and loosened a bolt which ran through @ beam and held the iron plate in place. The prisoners evidently intended to make an opening in the top of the cell, which, if they had done, would have rendered it an easy matter for them to cut through the roof, whew they could easily have escaped without assistance by making arope of their blankets and towe: themselves tothe yard below, where no ob; le except a plank fence would have remained betweea them and hberty. CONCKALED WEAPONS DISCOVRRED. To-day further search was made, on intimation from a reliable source that the prisoners—who, tm the meantime, had been removed to a more secure cell on the first floor—had been furnished with weapons, which involved another search, won two large Knives were found. They were of Wostei hotm’s well,known I X L cutlery, und had blades between three and four inches long. One of them had only a single blade, which was made into a saw, while the other had two blades, with keem edges. The saw, chisel and kuives were recog- nized by Mr. 8. B. Luttrell a8 having been pur- chased from his hardware store on Saturday; but, while he may have a suspicion of who the buyer was, yet, a8 it would be difficult to make the proof on the information now in possession of the ofi- cers, noone has been arrested. It ta, however, be- lieved that the tools and weapons were procured by BOYD'S FRIENDS, who have access to him at all reasonable houra, and have had abundant LL paper ns of doing 80. Boyd rather ridiculed the idea of his being able te engage in such laborious work in his present en- feebleg condition ; but as his case ts by no means a hopeful one he would, doubtiess, risk btistering his hands in getting out of durance vile in preference to standing the result of trial if left to his own voli- tion. His complicity with the attempt of his com- panions to escape 1s all the more reasonable to suppose from the fact thatone of the principal witnesses for the defénce, B. P. Reagan, who was with Boyd when he was “assassinated,” could not be found this afternoon when he was wanted to give his testimony, and was discovered some time afterwards trying to get aboard the train in a way that STRONGLY RESEMBLED FLIGHT; but he gave as an excuse that *‘Mr. Boyd had told him that he might go home, as he would not be needed before the next day.” Considerable ex- . citement was created by the discoveries madb, and the propriety of guarding the jatl while the trial is in progress was suggested, but afterwards given up, as suMcient precautions have been taken to prevent an escape. __.. BELLIARDS. STANDARD AMERICAN BL: + and the Phelan & Collender Combination Cusm- ions, manufactured and for sale only by the inventor ant 1, W. COLLENDER, auccaaor lo Phelan & Jot- W. Tables, with Delaney's patent steel wire Cush- ions, can only be purchi ‘at 40 Vesey street. Now de- . Py Tables, complete, $20; also second hand Tables for 6. 50. Call and exal FU THE ELEGANT FIRST CLASS HOUSEHOTL Furniture, 700 yards Velvet, Brussels Carpets, r r Suits, im crimson satin, brocatel ani reps. Ciang- ‘urkieh Chairs, Mirrors, Bookcases, Ktageres,, Tal Curtains, ings, Bronzes, Clocks, Parlor Ornaments rovewood and walnut Chamber Suits, Mat- tresses, Bediling, Dining and Servants’ ¥urniture, Ww be Sold at public n, im lots, to the highest bidder. tks (Friday) morning, at [1 o'clock, at the private residence 113 West Highth strect (Olinton'place), berween Fifth Sixth avenues. Property of a famiiy leaving for Burope. ‘A rare opportuniy for parties commencing housekvep- ing. LARGE ASSORTMENT OF CARPETS, FURNT. Bed ing at lowest cash prices, by weakly O' FARRELL'S Warehouse, Bighth avenue, tieth street. ‘TLEMAN AND WIFE, WITHOUT CHILDREN, giving up housekeeping, ‘will sell their first claw Furniture and housekeeping Utensils at a very low price. 215 Kast Sixtieth street, up staira, RARE CHANCE FOR CASH—AT PRIVATE RESE- A. deuce 24 Went 26th st-;, Paflor Sults, $75; rep Suita, $25; Bedroom Suits, $25; ‘Brussels Carpets, Mc. a yard, and 300 iots. T. PRIVATE SALE.—MAGNIFICENT PARLOR Suits, cost $600, for $200; one do., $150; Rep Suits, upwards; Chamber Suits, complete, for '$60 Ugsrerdss be teens Bureaus, &c.; at private residence sWest si MAGNIFICENT DRAWING ROOM SUIT, POMPA- dour. Marie Antoniette style, covered silk brocade, cont, $id, for $300) do, $175; do. $5); Pianoforte, ronzes, Etageres, Mirrors, Paintings, Carpet ots, Bureaus, Bedsteads, Extension Table, Sibverware, China: Glassware ; & sacrifice ; property family waving city. 36 ‘Weat 16th st., near 6th a URNITURE WANTED—SECOND HAND, FOR ONE ose room, sre pecroemns: gna maven meas Oe io condition and wel . Brogers fond offers by letter to HOUSEKEEEBE, care of Soper & Go..27 City Hall square. URNITURE WANTED—ON HIRE, WITH OPTION of purchase, suitable for @ good house in a first class ition. Dealers and others may send offers, imme- lately to HOUSEK Herald Uptown Braoch office, 1,265 Broadway. Geni, SECOND HAND CARPETS, NEARLY NEW, el wi I sizes, English Brussels and ‘Ingrain, for sal6 palit Fulton street, corner of Dutch, betweem Walltara and Nagwaw, 7 MONTHLY, O8 WEEKLY PAYMENTS —CARPETS pei ALY & CUNNINGHAM, $3 and 3% Third avenue, noar Twenty signin street. Prices lower than any other howse in the city. RIVATE PARTIES DESIRING TO DISPOSE or ih, please stale what you paid and what you will well, For ful parciculars address Ml. M. H., Herald Uptown Branch office. y ONTHLY PAYMENTS FOR FURNT- Sere are me ond Redding, gt B. M. COWPRR- THWAIT & COS, 18 Chatham street An immense stock and low prices. is MARBLE MANTELS. “YRDABER, 87 LRBLE AND MARBLEIZING A. RUABER StRAM wana D, eine orks, nat Righseonth street. jeized Mantels, Tiling, Marble Counters, Monw rents, at prices that dely competidion. Marble turning for the trade. r 3 SLATE MANTELS.—RICH AND BL& lett Slate Work of every degcription:, Mar bie and Wooa Mantels. T. B, STEWA! 00, i? ‘222 West Twenty-third st neer Seventh avenue, (AVANA TOBACOO, EQUAL TO {SPANOLA F uine in appearance and quality, at $65 per thou~ jana’ abo the oaleprated wh Wi . J. RAYNER & CO., 30 Maiden lane. names, shi Bumbers; Sic. and ent} Neel FORTUNE FOR ALL WHO CONSULT MIS3 Wi! 4 LINGTON. —| a thfal NGTON.—Reclains or siness, good luck, Icky, um bern brings teehee thse fseparated, ‘Twenty eighth near KF avenue. 1K AND WONDER!—ASTROLOGIST. M. Linn $he solely ated reader of cootiny, nh ampere “138 oat hirey Bt street, oors, HB GIPSEY Mg | REVKAL FROM THE DLE th Third avenue, between od fin ead Tweaks eco, ; ty