The New York Herald Newspaper, February 5, 1873, Page 3

WASHINGTON. Sherman’s National Bank Con- solidation Bill. SENATOR WILSON TO RESIGN NEXT WEEK. A Daughter of President Taylor, in Pecuniary Distress, Asks for a Pension. OUB CONSUL AT BUCHAREST. The Oonstitutionality of the Export Tax on Tobacco To Be Tested. WHITEWASH READY FOR “C. M.” SENATORS, WASHINGTON, Feb, 4, 1873, Senator Sherman's National Banks Con- solidation Bill, Mr, Sherman to-day introduced a bill authorizing the consolidation of national banks. The bill pro- vides that it shall. be lawful for two or more mational banking associations organized under the National Currency act to merge their assets and Uabilities into one association, go that by virtue of this act such associations shail pe consolidated, and so that all property, rights, franchises and privileges by law vested in such associations may be transferréd to and vested in the association into which such merger shall be made. The gecond section prescribes the following as tne conditions upon which such consolidations shall be made :—Pirst, the directors of each association are to enter into a joint agreement under the corpo- rate seal of each association, setting forth the time and manner of converting their capital stocks, and all other provisions of the proposed consolidation: Second, such agreement must be ratified by ballots, cast by persons or proxies representing three- fourths of the shares in each association, at sepa- rate meetings called for the purpose on thirty days’ motice to each shareholder, by publication and through the Post Office. Third, certificates of the affirmative three-fourths votes of each association shall be Ceposited by the cashiers in the office of the Comptroller of Cur- rency, together with copies of the agreement, and upon receiving his approval the consolidation shall be effected. Shareholders who object to the consolidation must be paid the value of their shares, such valuation to be fixed in the articles of agreement, and all rights of creditors or liens upon the property of either association shall continue unimpaired against the new association formed by their consolidation and be enforced against it. The separate asso- ciations are required to go into liquidation under section 42 of the National Currency act, and pay alldebts except the capital stock, surplus funds and outstanding circulation; but the latter is to ‘be replaced by an equal amount to be issued to the mew association. The bill was referred to the Com. mittee on Finance. The Senate Discussing Schemes of Fi- mance. ‘The Senate displayed an amount of financial ‘wisdom in its debate to-day that would have been laughed at in the meeting of the directors of a country bank on discount day. Sherman did what he could to appreciate the value of the bonds which the Syndicate are now putting on the mar- Ket. Buckingham thought that if the greenbacks are all to be funded into five per cent bonds there will be nothing leit for the banks to redeem their notes with. Thurman urged the Senate to fix the interest on the proposed ponds at two per cent, in imitation of the British consols, but the Senate voted no. Bayard made an old-fashioned demo- cratic attack upon banking interests and paper money, and other would-be financiers talked wildly about their own visionary schemes. To- morrow Sherman hopes to pass his amendment, and then the power of the national banks will be ‘exerted to get it through the House. The Question of Increased Pay Wwone deeply agitating special circles here, and the sentiment in its favor is almost unanimous. It is admitted on all sides that the present salaries of Benators and members of Congress are entirely Wmadequate to the support of a family in Washing- ton, much less should it be considered compensa- tion for the labors and ability requisite to a taithful and intelligent discharge of the duties of the re- spective positions. The Crédit Mobilier exposure as shown the absolute necessity of paying Con- gressmen a fair compensation for their labors and thus place needy and well-disposed men beyond that temptation which necessity creates. It is now believed that a bill will be introduced in the House te imcrease the salary of Congressmen and Senators to $8,000 a year; the Speaker of the House, Cabinet Ministers and the Vice Presi- dent to $10,000, and the President to $50,000 a year. The bill will provide that no mileage shall be al- towed Congressmen, and that the salary shall be in lieu of all expenses. It is believed that an ar- rangement of this kind would place the vast ma- jority of members beyond the reach of the lobby, {nd save millions to thi vernment, besides “avoiding the humiliating spéctacle now witnessed {m the rooms of the investigating committees, Senator Wilson to Resign Next Week— The Precedents in the Care. Senator Wilson will resign next week, the resig- nation to take effect in season to have the Massa- ehusetts Legislature elect a successor, to arrive here on the day on which he will vacate his seat. His right to appoint a future day for his retire- ‘ment from the Senate and the right of the Legisla- ‘ture to fill the vacancy thus created, prospectively, has been established by numerous precedents, es- pecially that when Henry Clay resigned, in 1851, to take effect from the first Monday in September, 1852, The Legislature of Kentucky elected Mr. Dixon to fill the vacancy from that day until the close of the term for which Mr. Clay had been elected. Meanwhile Mr. Clay died. The Governor of Kentucky appointed Mr. Merriwether to serve as Senator until the first Monday in September, and then Mr. Dixon occupied the seat for the re- mainder of Mr. Clay's term. Poland’s Committee at a Standstill. Judge Poland’s Committee met to-day, but as neither Ames nor John J. Blair, the two witnesses examined, had arrived, the committee adjourned until ten o’clock on Thursday morning. Should the gentlemen above named arrive prior to that time a special meeting of the committee will be held, The chairman this morning received a letter from Ames, requesting that ex-Senator Fowler, of Ten- ‘ messee, be summoned to show that Mr. McComb offered to let him have stock, bub as Mr. McComb admitted that fact in his testimony the committee Goes not deem it necessary to summon Mr, Fowler. A Select Committee of Senators to Take Charge of the Poland Committee's Tes- timony. As Colfax, Patterson and Wilson were evidently Getermined to make no more supplementary state- ments until they could see what additional auto- Graphic evidence Oakes Ames would bring back from North Easton, the venerable Poland obtained permission of the House to wash his hands of the Senatorial portion of the scandal, and the evidence ‘was sent to the northern end of the Capitol. Col- fax actually smiled when he thus found himself out of the clutches of the irreverend Lower House, Wuson retired into the lobby and chanted a dox- Dlogy, and poor Patterson was jubilant until he heard it whispered that the evidence would be referred to the Committee on the Judiciary, of @hick Edmunds is chairman. To be overhauled by the inexorable Vermont 51 am-hater, after Poland’s plaintive questioning, would be like escaping from the jaws of the lamb to fall into the clutches of the tiger. 80 poor Patterson, with niarked indecency, moved that the evidence be referred to a special committee, which will keep the matter under con- g@deration until the day prigr to the close of the NEW YORK HERALD, WEDNESDAY FEBRUARY 5, 1873—TRIPLE SHERT. session, accept prevaricating excuses and then whitewash ail hands around. John B. Alley Again Before the Wilson Committee—What He Considers Mode- rate Profit. ‘The Wilson Committee met for a short time to day and listened to John B.. Alley, who further explained and elaborated his previous testimony. Among other things, Re said he thought it could be clearly shown that the only money really made on any of the contracta was made under the Oakes Ames contract, and on this only eight or nine mil- Mons of dollars were made, the particsin the in- terest receiving only sixteen or seventeen per cent, It was their expectation that they would realize at least twenty-five per cent profit, which Was regarded by railroad men as moderate, con" sidering the great risk taken, and that it was more hazardous than any other raflroad in the building of which he has ever been concerned, He thought all railroad men would tell the committee that a Profit of sixteen, eighteen or twenty per cent was exceedingly moderate, Stewart, the Contumacious, Getting Tired of Restraint. Joseph B. Stewart sent a communication to the House of Representatives to-day, enclosing an amended report of his examination before Wil- son’s special committee last week, and asking that he be discharged from custody; that the facts in’ his case be referred to the Judiciary Committee, and that if Wilson’s committee continue to exam- ine witnesses with reference to his (Stewart's) personal character he be allowed to appear beiore the committee and defend himself. A Dall Day in the House. Little of importance transpired in the House to- day. The Indian bill, reported from the Committee of Conference, was passed after a short debate. The Montana War Claim bill was again up and passed, with slight amendments, An attempt, made by Garfield, to hold evening sessions for the consideration of the Appropriation bills was de- feated. -The Post Office bill, which passed the House some weeks ago, has to be reconsidered, as, in consequence of the abolition of the franking privilege, the amount appropriated will have to be reduced nearly three millions, Meeting of the Supervising Inspectors of Steamboats—New Rules and Recom- mendations. The Supervising Inspectors of Steamboats, at their meeting yesterday, amended the rule in re- gard to the equipment of steamboats with life- saving apparatus, 60 as to require ocean steamers to be provided with life preservers tor the number of the passengers authorized to be carried, and for every member of the crew. In framing the rules at the last session, ocean steamers were not in~ cluded. The Board also recommended to the Sec- retary of the Treasury the appointment of ten ad- ditional inspectors, one for every supervising dis- trict, whose exclusive duty it shall be to inspect boiler plates, and stamp the tensile strength in ac- cordance with the provisions of the new law. It is urged that the local inspectors cannot attend to the task, and as the safety of life and property is in part dependent on boilers being made of metal of the proper strength, too many safeguards can- not be adopted to carry out the spirit of this por- tion of the steamboat act. The Board also revised the rule respecting detaching apparatus, ruling out all inventions that work by automatic process. A Daughter of President Taylor in ‘Want—Prompt Action of the House. ‘The House was shecked at hearing to-day from the Speaker, who called Mr. Dawes to the chairand took the floor, that Mrs. Robert C. Wood, a daugh- ter of General Zach Taylor, is in pecuniary want— so much go that Mr. Blaine said he declined to read her memorial asking, as the widow of an army sur- geon,@ pension of $50 per month. The House, without a dissenting voice, passed a bill granting this pension, and it is hoped that the Senate will pass it to-morrow without reference. Our Consul at Bucharest, Roumania. The mission at Bucharest, Roumania, has been supported solely by American citizens of Jewish faith. Our Consul has thus far discharged his duties to the credit of not only our government but has also enlisted the co-operation of European governments. Yet no provision is made for the continuance of this office in the Consular bill pre- pared at the State Department. Prominent Israel- ites have united to secure at least a fair recogni- tion in the appropriation bill for the Consul who is to hereafter represent our government in that country. The Constitutionality of the Export Daty on Tobacco. A suit has been instituted in the Circuit Court of the United States sitting at Richmond, Va., in a case involving the constitutionality of the law levying an export duty on tobacco. The case will come to the United States Supreme Court for final decision. Territorial Delegates in Council. Ata meeting of the Territorial Delegates held to-day. Mr. McCormick presiding, it was agreed to urge the Senate to pass, without amendment, Mr. Clagett’s bill giving the right of way to railroad companies organized under the genera? incorpora- tion acts of the several Territories. A bil? to in- vestigate land grants in Arizona, New Mexico and Colorado was considered, It was announced thas the House Committee on Rules have agreed to a new rule to put Delegates upon certain commit- tees upon which they have not hitherto been rep- resented, among others those of Indian Affairs, Public Lands, and Mines and Mining. FREE BANKING. —_-————_ Debate in the Senate on the Finance Committee’s Substitute for the Buck- ingham Banking Bill—Amendments to Amendments, but No Decision. WASHINGTON, Feb, 4, 1873, In the Senate to-day, after the disposai of the ordinary preliminary business, the consideration of the Finance Committee's substitute for the Buckingham banking bill was resumed. Mr, Bayarb, (dem.) of Delaware, said the resumption of Lng payment was the most pressing necessity of the mes, not merely as affecting the convenience but as. affecting the morals of the country, and expressed the opinion that the widespread pecuniary immorality ex y fa @ great measure, want of a currency of intrinsic value. He also thought that the national debt was one billion dollars greater than it would have been if we had not made the mi: ai re- fiir oe es he Nag oH issues. He regarded this bill as favorable to the banking interests, but admit- ted that it was a step, though Specie payment, Mr. TuOmuan, (dem.) of Ohfo, said the amount of green- backs to be retired (exchanged for bonds bearing five per cent interest) was 000, and he was unable to .y $18,000,000 of interest annually on the bonds for w: Eid greenbacks would've one hanged. THE EFFECT OF THIS he said, would be to tavor the credit more dimicult for every debtor to pay his Mr. Morton, (rep.) of Ind., said this could not properly be called a bill toresume specie payment, because ft leit it optional with the Secretary of the Treasury to redeem greenbacks either in coin or in another promise (a United States ond), which may or may not be equal to ¢ .Mr. Scorr, .) of Pa., said the bill tinposed no obti- pays euary a are Sie eo hha cake to a a bond if e Secre 01 him coin; so be no worse off than befor ne Dill yo recent not a long one, toward lass and make it lebts. fore. . Morton admitted this, but insisted that leaving it optional with the Secretary of the Tresuar red backs in coin or in something else wi specie. payment, and did not carry o1 airman of the Finance Committee (Mr. Sherman) about a greenback, that it is a promise to pay a dollar in gold for the dollar expre: on Its face, 18 bill would undoubtedly be favorable to bankers and brokers in the great cities, but if it sheuld have the effect of mal GREENBACKS RQUAL TO COIR, by the Ist of January, 1874, it would thereby add twélve percent tothe cost of everything salable. One great cause of the prosperity of the country was the fact that the quantity ot currency is fixed and cannot be Increased ‘ongress. But this bill would put nkers to increase tne cur- without the action of facilitate “corners” ol free banking, it might be safe when specie payment was ntly restored, but certainly not before. rma Per, ‘Thurman’ amendment, reducing the interest on the, bonds to be exchanged for greenbacks from five to two per cent, was lost—yeas 11, nays 31. Mr. Bucktnomam moved to amend the first section so as to provide that the Secretary of the Treasury may re- lasue the notes (greenbacks) 80 received, of if they are cancelled may tas nited States notes to meet the cur- ayments for the public service; and the primcipal bearing interest pay- by the holder thereof paid by the Secretary, of the, Treasury in legal tender notes and the interest thereon in coin. Mr. Buckixanam, in reply to Mr. Morton, said that ‘AN ELASTIC CURRENCY was desirable and necessary in order to avoid occasional embarrassment ef the business of the country. Mr. offered an amendment to the amendment, providing that twenty per cent of the greenbacks re- ceived for bonds shall be retained and permanently re- tired from circulation, provided-the amount so retired shall not exceed three millions a month. He offered this amendment, he said, because he believed it was not pos- sible to return to specie payment without reducing the volume of the currency. ‘Mr. Fenton's amendment was Mr. Buckingham’s amendment Fepgores ret 9 nays4l. fhe Senate then adjourned, the Finance bill was ALLEGED BREACH OF TRUST, The Widow of Moses Y. Beach Charges a Pine Street Firm with Swindling Her Out of $85,000. James 8, Myers, One of the Firm, Arrested and Sent to Ludlow Street Jail—The Search for the Other Partner—How Missouri State Bonds are Converted— Statements of Both Parties. Mrs, Julia A. Beach, a lady of about forty years of age, handsome in person and very ladylike in man- ner, is the second wife and widow of Moses Y. Beach, at one time the proprietor of the Sun newspaper, of this city, Mr. Beach died in 1868, and left the sum of $35,000 in trust with his widow for the benefit of his son, George W. Beach, a lad now in his eighteenth year. In addi- tion to the sum left in trust for his son the deceased editor leit a very comfortable property to his widow. The property left to George A, Beach consisted in part of thirty-two Missouri State bonds, which were valued a year ago at about $30,000, These bonds were deposited for satety with the Safe Deposit Company, corner of Broad- way and Liberty street, by Mrs. Beach. At the same place other property of Mrs. Beach was locked up. Mr. Frederick Foster is the Secretary of the Safe Deposit Company. In September, 1871, there whs a firm of brokers doing business at 26 Pine street. This firm con- sisted of three persons—namely, A. Vaughan Dimock,’ James S, Myers and Edward D. Weston, Mr. Frederick Foster was on friendly terms with this firm of brokers. A cousin of Mr. Dimock, of the Ping street firm, Mr. Anthony Dimock, and who had considerable busi- ness relations with them, was President of the late Atlantic Mail Steamship Company, which has re- cently failed. Mrs. Beach reposed considerable confidence in Mr, Frederick Foster. Mr. Frederick Foster was intimate with the Pine street firm of brokers, and, naturally enon he informed the Pine street brokers that Mrs. Beach had a large sum of money at deposit in the Sale Deposit company, of which he was secretary. Broker Myers, Broker Dimock and Broker Weston were introduced to irs. Beach, at her residence in this city. They proceeded to do business with Mrs. Beach immediately after the mutual acquaintance began. Her stepson, George, an extraordinary bright and sharp lad for his years, Just home from school, was reierred to in & conversation which took place at Mrs. Beach’s house. “Why not,’ suid Myers, in his most confiding manner to Mrs. Beach—“‘why not have George enter into business in our firm, and we will instruct him and make a good business man of him?’’ Mrs. Beach thought well of the matter and as- sented to the proposition, but Mr. Myers needed some security, and Mrs, Beach was induced to offer as security the $30,000 worth of Missouri State bonds. Mr. Myers and Mr. Dimock offered collat- eral for the security. A very full and rigid agree- ment was drawn up, to hold good for one year— from September 1, 1871, until September 1, 1872. ‘The signers on the part of the firm to this document were James 8, Myers, A. Vaughan Dimock and E. D. Weston. Julia A. Beach, the widow, and George W. Beach, her son, also signed the docu- ment, and there was one witness, Mr. Spencer H. Cohen, a well known citizen of New York. The firm gave as security for the Missouri State bonds, which were to be returned according to agree- ment, 1,500 shares of Atlantic Mgil Steamship Com- pany stock and their note for $32,000, endorsed by Mr. Anthony V. Dimock, President of the Atlantic Mail Steamship Company. Let it it be observed that at this moment the Heathen Chince appears in the case. The President of the Atlantic Steamship Cem- pany speculated largely in gold with the firm of Dimock, Myers Co., and transactions in that beautiful metal amounting to $500,000 were sometimes made by him with the firm, ‘Mr. A. Vaughan Dimock was gathered to his fethers in the May of 1872. Mr. E. D. Weston withdrew from the firm subsequently, and Mr. Myers was leit alone to conduct the fortunes of the house. Events came thick and fast, the Atlantic Mail Steamship Company vanished balloon-jike on the 12th of De- cember, 1872, and, strange to say, on the 19th of December, 1872, the house of Dimock, Myers and Company Went under with a fearful crash. > Mr. Myers found himselfin a bad place a little before the tailure, and he sought to repair his fortune. He drew up a document in the torm of special partnership, in which, for the slight con- sideration of $50,000 in cash, Mrs. Julia A, Beach was to become a special partner in the house of Dimock, Myers & Co. document was sent per bearer—George W. Beagh—to Mrs. Beach to sign. Mrs. Beach, on consultation with her lawyer, declined to sign this document. It should be stated here, as Mrs, Beach alleges, that the Atlantic Steam- ship Company stock rose te 36 atone time and Mrs. Beach was anxious to sell it. She states that the firm induced her to part with their note, and in return they gave her @ note made by the Atlantic Steamsnip Company for $30,000. Subse- quently she states that they induced her to part with this note for 300 shares of the New York Steamboat Compa which she states that she cannot dispose ef. irs. Beach, believing herself to have been swindled out of the money which she held in trust for her stepson, addition to moneys of her own, which she placed in special deposit with the firm, made complaint before Judge Noah Davis in the Supreme Court, and on Monday afternoon James 8S. Myers was arrested by Deputy Sheriff McLaughlin and brought before Mr. Judson Jarvis, who held him in bail in the sum of $10,000. A like summons has been is- sued against E. D, Weston, but as yet it has not been served. Mr. Myers up to four o'clock yester- day alternoon had not succeeded in finding bail, and late last night he was taken to a cell in Lud- low Street Jail. A number of iriends called upon pets at Tea Sherifl’s office yesterday, but did not offer bail. F In her aMdavit Mrs. Julia A. Beach states exphi- citly that the agreement between herself and Dimock, Myers & Co. decreed that the $32,000 worth.of Missouri bonds were fo be retained only during the year in which her stepson was peers with the Pine street brokers. The affidavit also states that George W. Beach was to receive $500 a year for services as clerk in their house, and also that she demanded frem the defendants, James 8. ers, Edward D. Weston and Amelia Dimock, administratrix of the estate of E. Vaughan Dimock, that they should return to herthe said thirty-two bonds of the State of Missouri, and that they have refused and still refuse to return to her the said bonds, which are now valued at $35,000, and she clrarges them with converting said bonds to their own use and purposes unlawfully, and that the said firm have failed in business and are insol- vent; and, furthermore, she prays that the said de- fendants be arrested and held to bail gecerdng to the statutes in such case made and provided. A reporter of the HERALD called upon Mr. Myers at the office of Mr, Judson Jarvis Deputy Sherii, in the New Court}House, yesterday atternoon, and hada conversation with him. Mr, Myers is a man of about thirty-five years of age, of tall and smewy frame, dressed in the height oi fashion and weari & very handsome gold ornament im his scarf. Placiag his two hands, which were covered with brown kid gloves, across his knees he made his statement as follows :— STATEMENT OF JAMES 8. MYERS. My name is James S. Myers, of the firm of Dim- ock, Myers & Co., of No. 26 Pine street. Mrs. Beach didnot deposit these Missouri State bonds with our firm as security for the good behavior of her gon, but made us a loan of them, and in censidera- tion of her making this loan we took*er son into our employment, which the agreement in my hands shows completely. We gave y our har for $32,000 and other securities, which she stil! holds. She _ afterwar commenced speculating in stocks, kinds of railroad and other stocks, in our office, upon which speculation she made losses of about fifty thousand or sixty thousand dollars. The fact of it is that, instead of our owing her money, she owes us a very large sum of money, the balance of her dealings with our firm. Iam very willing to revurn her the bonds when she re- | turns us the amount due us by her. In my opinion the entire proceedings are a malicious prosecution, and Ihave ample evidence in my possession to prove wnat I say to be true amd correct. Mr. Myers, with that peculiar Wall street expres- sion that the majority of brokers have, looked up trom the floor, : REPorTER—Will you allow me to look at the agreement that you have—I believe it is the origi- nal one—that will clear up everything? Mr. MyERs—Ne, I can’t do that- It will all come out in goed time. Please ask the public to suspend their opinion, won't you? Just suspend public opinion. I will have the proceedi. set aside, It will be seen whether the conduct of the ork man was satisfactory or mot while we had tim in our employment. Atti Begg & man came into the office and whispered to Myers. Myers answered, ‘Just tell Simons to come up a minute or two; 1 want to ph Mr. Myers has had some diMoulty in pro- Mrs. Beach and her stepson are very indig- nant, they have determined to prose- cute Myers to the last dollar. She stated in part to the reporter that Myers had acted like a dishonest rascal, and that he had written a letter himseli, which he sent to her house, and which ne expected her to sign, in which she was to acknowl- edge that she had speculated with her special de- osits inthe possession of Dimock, Myers & Co. is document she declined to sign, and she has possession of this letter, a8 also a copy of the agreement between herself, her stepson and the firm of Dimock, Myers & Co. Mrs. Beach states that she had a deposit of some twenty thonsand dollars with the firm of Dimock, Myers & Co., which she drew on by checks, and that she had the utmost confidence in the firm which she declares have robbed her. Mrs. Beach seems very much distressed, owing to the fact that the $35,000 which she alleges Myers to have taken. is not her own money, bat that given to her in trust for her dead husband's son, | used in productions of this order. THE CHARITY BALL. Benevolence Wearing the Mask of the Dance. The Sights, the Music, the People, the Scenes, the Sets and the Supper. Philanthropy Led to Her Work by the Hands of Fashion and Pleasure. Distinguished Guests and What They Wore--- Remarkable Toilets and Who Wore Them. The seventeenth annual charity ball, which was held at the Academy of Music last night, was for the benefit of the Nurséry and Child’s Hospital, at the intersection of Lexington avenue and Fifty- first street. During the past eight years more than one hundred thousand dollars has been raised by this means, and it is hardly likely tMat the receipts Of last evening will fall mach below the average. The largest amount realized was in 1870, when nearly seventeen thousand dollars was reached, and the smallest in 1865, when the receipts were only $9,000, There is a picture in this city which forcibly sym- bolizes charity, both that kind which is cynically said to begin at home and stay there and that of which St. Paul declares “charity never faileth.” Into this picture are pressed a score of the varie- ties in which charity expresses or refuses to ex- press itself, and the entire gamut of benevolence and malevolence is therein exhausted. A very dif- ferent yet about as striking a picture to the thoughtful man was that presented by the Academy festival of last evening. Wealth, fashion, style, birth, breeding, were blooming around on every side, but their perfumes were sweetened and idealized by the soft sunshine of the emotion in whose name the entertainment was given, We know that the sceptic is ready with his blan1 sneer and officious satire to inform us that hu- manity is innately selfish in the very act of gener- osity, and the only means by which it can be ca- joled into doing a kind deed is by having an argument presented to its love of pleasure. It is not relevant to stop to argue this point now. We might pay the sceptic in kis own coin by suggest- ing that his reason for affecting such intensity of candor may be found in the gratification thus given to his malignity. He wno seeks to penetrate the final motive for @ good action is too often like a bird fascinated by that mysterious serpent, the Unknowable. It will be enough to say that the Charity Ball is a noble institution, resting upon a very broad and very valuable basis; that it is warmly supported by hundreds of our most. pure epiriies and influential citizens, and that that is a noble conservation of pleasure which devotes it to the alleviation of the weak and suf- fering. THE SALE OF BOXES. The sale of boxes for the ball closed several days ago, but the demand was so great that many more could easily have been disposed of. Boxes, which at the beginning were offered for $80 and $100, brought, toward the close, at least twice as much. » Among the box-holders of last eveniug were, for roscenium boxes, Signor Banjotti, the Italian lonsul; Sefiores Del Monti and Aldama, of the Cuban revolutionists resident in New York; ex- eee Gunther, box No, 3; Mrs. W. P. Wright, box No. 5; Clark Bell, No. 51; Piccolomini, box No. 6; Arthur Lee box No. 8; Mrs, Abe- casis, box No, 14; Dr. Woodruff, box No. 18; V. Delafield, box No. 20; Henry Clews, bex No, 22; Leonard Jerome, box No. 24; R. M. Townsend, box No, 28; Alexander Tailor, box No. 31; G. W. God- dard, box No. 45; Lloyd Aspinwall, box No. 67; Mrs. William W. ye tele) ox No, 58; Charles Budette, box No, 83; 5. U. Townsend, Bellini; D. G. Pryde; Meyerbeer; £. P. Marsh, box No. 104; J. R. Boyd, box No. 106; Mellen, Sr., box No. 117; ‘Theodore Moss, boxes Nos. 9, 13 and 15; Mr. McGinnis, box No. 10; Mrs. Buckley, box No. 19; Mr. Schreffeler, box No. . Kingsland, box No. 26; Mr. Felt, box No. 27; Mr. Mellis, bex No. 30; Mr. Y. Guerin, box No, 43; Mrs. Alford, box No, 44; Mr. Tappan, box Ne. 47; W. H. Bogert, box No, 116; Mr. Appleby, box No. 111; Mr. EB. Lockwood, bex No. 105; Mrs. Van Auken, proscenium box E; Demonte, proscenium box S. The Floor Com- Mittes consisted of the General Committee of Man- agers, including abeut three hundred and rentlemen. The members in charge wer@ Arthur ary, President; Vice Presidents, Genergl Lioyd Aspinwall, General Chester A, Arthur, General F. C. Barlow, William Cutting, Edward Cooper, Wil- Mam T. Garner, William’ P. Douglass, John H. Draper, J. P. Girard Foster, Generai Hancock, William F. Havemeyer, General Rufus lis, Henry Leavitt, General George B. McClellan, J. Nicholas, D. Kingsland, L. P. Morton, J. F. Stone, Mahlon Sands, EF. W. Stoughton, W. Watts Sher- man, A. B. Stockwell, L. Turnure, Augustus Schell, John Whipple » Treasurer, fade | Clews; Secre- taries, Newton Dexter and Cornelius Du Bois, Jr. ‘THE DRCORATIONS. Chaste and simple were the embellishmeuts, not dissimilar te those we had occasion to describe a week or two ago when giving an account of the Infant Asylum ball, The bird cages and general blazonry which have so frequently been brought into play were discarded, and every touch of art was subordinated to neatness and simplicity, A new scene, painted expressly for the occasion by Minard_ Lewis, was set at the extreme rear of the stage. It was a piece of composition, yet evi@eed in its treatment something of the same traits which were observable inthe “Gardens of Versailles,” painted for the Infant Asylum festival. A large and gracetul arch (dimly suggestive of the Arc de Tri- omphe in Paris) occupied the centre of the paint- ing, with smaller structures on cither side. Behind and between these erections immense masses of many-tinted foliage were visible, and were repro- duced with vastly more skill than is commonly Both sides of the stage, in lines extending from the inward edges of the proscenium boxes to the extreme rear of the stage were concealed by canvas, cun- ningly painted to represent leafage. Upon these and upon the beautiful scene in the background light fell from half a dozen chandeliers. The effect was at once brilliant, subdued and soft, especially wher centempiated irom the audicnce part of the house. Over the centre of the stage the word “Charity” was uttered in the language of gas jete— a pleasing illustration ef “words that burn.” When we add that large 8 filled with natural flowers were arrangea at various intervals through- out the building we have completed our account of the accessories, THE MUSIC AND DANCING, ‘The music was furnished by J. M. Lander and C, 8. Grafulla—names which have so long been familiar with elegant entertainments of this de- scription as te need no further reference. It is no difficult thing to give a fair idea of the programme. At about ten o’clock the strains of the overture to Sporatini’s ‘La Vestale” were heard, followed by selections from Verdi’s ‘‘Aroldi’ and Konski’s march, Crown Prince of Prussia.” In the order of dancing every other name among the com- meri appeared ,to be Strauss, in addition ‘0 whom, however, we had due contributions from Donizetti, Gottschalk, Lecocq, Neumann, Meyer- beer, Wiegand, Beethoven, Thomas, Konski, Sulll- van, Schubert, Lortzing, Mendelssohn, Niebig, Hervé, Gounod, Fiqtow, Mozart, Mass¢, Trahn an Grafulla. First came a quadrilie, Strauss’ “Pilger” furnishing the music. 5 THE SUPPER. Supper is @ very necessary and Resmnt ap- panage to a ball, even a charity one; but itis ex- pecting too much of a mortal journalist to ask him to say anything new on sucha theme, even sup- posing hit to be full of his st t. Oysters were there in ali their inexhaustibl erican variety, and chicken croquettes appetizingly proclaim themselves, Salmon and tartar sauce vied with filet of beef and Fiaght reat dressing; boned turkey elbowed game pie; capon presented its claims sim- uitaneously with quail; partridge was contrasted with grouse, ham with tongue, and sand- wiches with chicken and lobster salads, The dessert was equally palatable. Vanilla cream jostied Neapolitan, and tutti frutti hobaubbed with iscuit glace, Meringues, lemon ice, Charlotte Russe and wine jelly offered their fascinations in the same breath with bonbons, mottoes, fancy cakes and fruits glacé. Delmontce was, of course, the presiding genius of Nilsson Hall, where the supper was had, and, rising to the occasion, this celebrated caterer was great in wines. George Goulet and Heidsieck, Mumm’s extra dry and Moet and Chandon, dry Monopole and Napei¢on exhil- aratingly rivuleted down the more solid refresh- ments, and were aided in this task by seme of Mr. Delmonico's own vintages. DISTINGUISHED LADIES AND DRESSES. We approach @ point concerning which a great difference of opinion exists, But itis worth asking the question whether anybody ever spends thou- sands of dollars on a costume without beiug willing that it should be described in the next morning’s papers? We think not, and, therefore, present a summary of a few costumes worn by distinguished ladies, a8 Well as of some that attracted attention solely by their unique and magnificent beauty. Mrs, Orton appeared in an exquisite flock velvet, with lace and diamonds, Mrs, Oelrichs’ costume consisted of lila tin and point appliqué, which || were most becoming to her matronly and dignified figure. Mrs, John lor Johnston made a very favorable by her magnificent costume and & su] blue feather headdress, with dia- monds tas! in floral designs. The Marquise de San Matzane, née Miss Gillindis, occupied the box of the Italian Cor and was attired in delicate Mrs. William T, Garner was costumed in t blue. whi ie. Mrs, Lioyd Aspinwall wore lilac. Mme. Fagni wife of the well-known artist, areas in black velvet. Mrs. John Sherwood looked ex- ceedingly well ip blue, with pink roses, Madame de! Monte, of Cuba, was attired In rl-gray satin. Mrs. Pierre Lorillard was costanted in white satil Mme. de Traville, a distinguished ch trav. elling in this country, created a sensation by her "Sfany collet, entranct if and lany entrancing in their beauty’ an notable for their expensiveness, were to Test One of crimson silk and black lace won universal comment The skirt had four flounces, a ze gd reached to the uppermost flounce, and bands of ingertion separated the pufings. Another costume had a tunic and underskirt of white tar- latan. Below underskirt was a white satin jape. The trimmiiig Wag exceedingly rich and elaborate, consisting ©: temand shePed yetings of white satia, sprinkled with white lace flounces, rose-colored ribbons and a bouillon and ruches of tarlatan. The co! was point in front. A third dress was of blue silk and founces of white gaze de soi, with gauze ruiies, The over- dreas was of white silk, and the open train tunic was square at the sides, A peculiarly rich @ delicate toilet was of rose-hued silk and white gaze de soi, The corsage was low and gauze-covered and the bertha of lace, Man, admiring glances were cast upon a jupon of dal- Jodil-hued silk with a lower skirt of white tarlatan, the trimming being a ruched flounce. Bouquets, in which the predominating tints were white and yellow, appeared at intervals. A toilet of purple satin, light in hue, was among the quietly rich speci- mens. It hada plain train skirt and a portion of the corsage was edged with an exquisite wreath of heartsease and delicate leaves. ‘Ihe end of our list ig not gained before mention is made of a white organdy having an overdress of rose tint silk. Double ruchings of narrow lace were lavishly em- ployed, and natural flowers adorned alike the cor- sage and skirt. In proximity to this a pink glacé silk won faverable comments with its abundant white lace frills and rosettes. The corsage was without sleeves and partially open. Nor would the picture be complete without reference to a binack silk cestume with long, plain and deeply flounced skirt with velvet bows and bands, The corsage was low and square, with a Tumie of white lace appearing above it. At the risk of making our inventory almost interminable, we must specily a claret-colored moire with Chantilly lace, a silver-gray Lyons taffeta and tulle and a tunic dress of rich gros grain, neutral im tint. Among re- markably peautiful coitfures was a coronet of brown berries, a gorgeous rose on one side, contrasting with a velvet bow and diamond clasp on the other; & bunch of red poppies, intermingled with a spray of wild oats, and a cluster of rare roses flushing dewily and brilliantly in background of shadowy leaves. There were not many new departures in cestume, A charity ballis never an exhibition of anything in toilet that is essentially caprieious and bizarre. An infinity of taste was displayed, and such costumes as we have adverted to seemed to belong among the more prominent ones. But amid so many accomplished expositors of perfect cos- tume it was impossible for a solitary toilet to re- main glaringly conspicuous. NOTABLE GUESTS. Among the more distinguished guests present wert Mesdames Appleton, Whitney, Townsend, Throop, Hayer, Schieffelin, Stebbins, Crawford, Chamberlain, Burdett, Blodgett, Robbins, Ray- mond, Morris, Morgan, Leavitt, Lorillard, Garner, Gilbert, Field, Cutting, Cornell. Duncan, Keyser, Hitehcock, Hamilton, Hoey and Hurst, and Messrs, Blake, Bogert, Brown, Wetmore, Tracey, Sharpe, Schell, Choate, Claflin, Chittenden, Gray, Harper, Ingalls, Jennings, Leary, Livingstone, kenwick, Hall, Hay. In tne limited space at our command it is impossible to specify all whose prominence in the social world would seem to demand particular mention, While, of course, some who had been confidently expected, and who would have added brilliancy to the festival, were not on hand, there were but few disappointments in this respect when one remembers the number of cards that were a and the avidity with which these were seized MISCELLANEA. There were no very peculiar features that de- Mand extended notice, and the festivities were kept up with all the usual vim and éclat. Toward midnight the enjoyment became warm and gen- eral, and from that hour until those indefinite ones which are akin to five o’clock in the morning the dancing remained unmitigated and Charity used her toes to her heart’s content. First class balls, taken as a whole, have the same monotonous vari- ety that the tunes of a hand-organ possess; but the entertainment of last evening had a fine emo- tion as its basis and most of our best citizens as its abettors, and was @ success im the best sense of that term. THE STATE CAPITAL. A Dull Day in the Legislature—The Charter Bill Not Yet Complete—Oppo- nents of the Police Justices Bill To Be Heard To-Day—The Committee on Cities Favorable to the Seventh Regiment Memorial. ALBANY, Feb, 4—Evening. The proceedings in both houses to-day were unu- sually dull and uninteresting even for this dull Legislature. The time was almost entirely con- sumed in the consideration of bills IMPORTANT TO THE RURAL DISTRICTS, and the representatives from the interior of the State had ample opportunity to make their maiden speeches and work through the little jobs on which they hang their hopes for areturn to the Legisla- ture a year hence. THE CHARTER will not be reported this week. It seems that not. withstanding the managers had issued the order that it must be reported this week the committee find it impossible to contply and do themselves jus- tice. Besides, it 18 said that A DISPOSITION TO REBEL against the dictatorship of the Custom House ring is again being manuested, and the grumblers threaten all manner of things. The joigt commit- tees will listen at an early day to the remon- strances of a delegation from THE GERMAN REFORM ASSOCIATION of New York, against the appointing power being taken out of the hands of Mayor Havemeyer and in favor of holding the city election in the Spring. ‘The delegation do not expect to accomplish any- thing, but ino desire to put themselves on record as opposed to the charter in these two par- ticulars. To-morrow the Judiciary Committee will hear parties interested in THE NEW YORK POLICE JUSTICES BILL, and on Thursday they will give a hearing on the bill to reorganize the police and civil courts ef Brooklyn. ‘The Railroad Committee of the As- sembly to-day agreed to report favorably the bill giving the Central Railroad Company power to ac- quire @ right of way to build TWO ADDITIONAL TRACKS FROM ALBANY TO BUFFALO. ‘The Committee on tgs ofthe Assembly to-day had under consideration the application ef the Sev- enth regiment for power to construct AN ARMORY ON RESERVOLR SQUARE, The committee are unanimous in favor of report- ing such a bill, and would have agreed to do so to- day only that it was thought best to wait and give those opposed to it an opportunity to be heard, —_— The Ways and Means Committee Favor Bond and Mortgage Tax Exemption— Comptroller Green’s Account of Ex. penses by Judgments Against the City— A Detailed Report Covering Over Ten Years Past—The Late Mr. Moscley. ALBAXY, Feb. 4—Evening, BOND AND MORTGAGE TAX. The Committee of Ways and Means to-day re- solved, by @ vote of five to three, to report favor- ably on the bill exempting bonds and mortgages from taxation. The vote stood as follows :—Yeas, Mesers. Fort, Husted, Jacobs, Clarke and Whalen; nays, Messrs. Brewer, Beebe and W. J. Van Deusen; absent, Mr. Kennedy. COMPTROLLER GREEN'S REPORT TO THE HOUSE. Comptroller Green, in answer to a resqjution of the House relative to the payments of )®igments against the city of New York, and costs and fees ong to the House to-night a detailed report, 8 a Fae Tuat of all payments obtained om actions commenced, from ome to nine years before the resent Comptroller took office, amd which have een paid by him, the total amounts to $61,280 37; inclu ng costs, fees and interest, $36,280 37. Co peraelegd orders in actions and pro- ceedings which were commenced since the present Comptroller entered upon office and paid L. him, $21, 16. The costs, sherif’s fees included, amounted to $615 10, Third—The counsel fees, &c., paid by the Depart- ment of Finance since the present Cofuptroller en- tered upon Office were as follows:—On retainers of the Governor and Attorney General paid for certl- ficate of the Attorney General and Charles 0’Conor, $1,386 10; W. H. Peckham, $10,000; O, O’Cenor, actual cash disbursements, he declining to take pay, $5,136 10; Lyman Tremain, $1,500; H. L. Clinton, ; .H. C. Allen, $1,500; James Emott, Lyman Tremain, $2,500; j. M. Ingham, $250; W. im Peckhai $5,000; Lyman Tremain, $3,000; arreal of 18m1, as provided by the law of 1 to George Y, Curtis, $5,000; Thomas T, ©. Buckley, $5,000; do., $1,600; A. S, Vanderpoel, 2,000; John H. Strahan, $5,000; J. H. Dukes, $010; b. C. Calvin, $1,100;’ J. K. Porter, $5,000; J. H. Strahan, $3,260; A: 8. Vanderpoel, $2,000; A. 5. Regenter, $2,000; Keiler and Blake, $780, On re- tainers of Finance Departmeat—N, 4. Waterbury, N. J. Waterbury, $1,000; J. H. Strahan, $3,700; 3 $4,000 $3500) J. H. Str 3 J. H. Strahan, $3,000; . He Peckh » $750, On retaimers o! Corporation Counsel—J. H. Dukes, $200; 8. Faiker, $587 25; D, S Dean, $4,598; S. Vanderpoel, $750; D, vin, $450, On r tainer of Fire Department, . Meyers, $2,083 on retainer of Department of Health, A. 8, Vande el, $2,083 30; Om retainer of Department of Build- ings, M. 8. Farrell, $1,333 32; same,$2,551; on re- tainer of Board of ‘Apportionment afd Audit, J. H. Strahan, $3,000; expenses of Contract Com jion- er, 2. H. Strahan, $3,000, RESPECT TO THE MEMORY OF THE LATE B MR. MOSE- L The Kings county delegation fi the House met this evening and adopted resolutions of respect tor the memory of the late Mr. W. Moseley, member of the last House from Brooklyn. SENATE REPUBLICAN CAUCUS. The Senate republicans held a caucus bing said to be on the matter of New York Harbor Mas- ters and Port Wardens. The resuit 1s kept secre! but it is reported they decided to reject those lak over at the last executive session, 3 ssi! THE CITY SPOILS. Mayor Havemeyer on the Repub- lican City Charter. Severe Attack Upon the Re- publican Party. weseasine The Mayor Claims the Patronage for Mimself and the Offices for His Friends, THE REPUBLICAN RING DENOUNCED... At the meeing of the Committee of Seventy last night the following important communication was received from Mayor Havemeyer and referred to the Committee on Legislation, who were instructed to confer with the Maye: Mr. JAMES M.. BROWN, Chairman, and Gentlemen of the Committee of Seventy— When, in assuming the Mayoralty, I resigned the osition of chairman of your committee, I took the liberty to suggest to your body the propriety of preserving your organization, with a view of in- fuencing and securing reform legislation in behalf of the city and county of New York and thwarting the seizure of power by political partisans for their own personal ends, ‘The daugers which I at that time apprehended as among the probabilities of the future are now imminent, and require at your hands, as the repre- sentatives of the reform element, immediate and decisive action, Iam credibly informed that THE CHARTER FOR THE CITY OF NEW YORK, which will be reported favorably by the Committee on Cities and Villages of tne Assembly, will differ materially trem the draft as presented by the re- publican committee, and will be in direct antago- nism to the spirit of the valuable amendments to that draft by your body. In harmony with my message, and the convictions of all earnest and henest reformers, you have con- cluded to insist on the creation of a responsible government in the city of New York, by clothing the Mayor with the power of appointing, amd, un- der certain salutary restrictions, with the power of removing, ail heads of departments of the cit: government. The republican committee's drat weakened this responsibility by giving the Mayor simply the nominating power, and leaving the ap- pointment by means of confirmation with the Board of Aldermen, and, in case of disagreement between them, vesting the appointment in the Mayer and the President of the Board of Aldermen jointly. This scheme, as a whole, has not the au- thority of precedent; it is obvious that it LESSENS EXECUTIVE RESPONSIBILITY, and opens the door to jobbery, which the adoption ef your amendment to that scheme would have closed. Yet even this limited responsibility might have secured the adhesion and support of the reform element of our city, hat not certain of the heads of the most important of the executive depart- ments been exempted {rem its‘operation, It 18 now, however, proposed to establish, for the merest partisan ends, a system of government. ut- terly destructive te all direct oficial responsibility, and which will postpone the era of goed govern- ment for an indefinite period of time. ‘the power of appointing all heads of departments is, as I am informed, to be vested in the board of Aldermen. ‘The Mayor is to have one vote in this body—that is to say, to represent one-sixteenth part of the ap- pointing power—and the ultimate appointments to lie with a mere majority or plurality of the Board, THIS NEW AND DANGEROUS SCHEME is couple with an amendment, seemingly in the line of your proposed suggestions—to wit, the re- moval 0! all present heads of departments—but ac- tually in oppositien to its spirit, as results will prove. When you insisted upon the removal of all the present heads of executive departments you did so, I am fully persuaded, in the firm conviction that the Mayor, acting under the sense of that ex- ecutive responsibility with which you purposed to clothe him—a power which I do not personall; crave or desire—would reappoint the tried an faithful public servants, and replace those who at- tained their offices and maintained themselves therein by political cnicanery and subserviency, by men who had the confidence and were in sympathy with the great reform movement of the past twe years, THE INEVITABLE CONSEQUENCE of the success of the scheme as proposed will be. the very reverse of this result. Political jobbery: will be more rampant than ever before in the his tory of our city. Every head er a department who would refuse to make corrupt bargains for his office would be removed, and his place supplied by & more subservient tool, A secret caucus of @ ma- jority of the Board of Aldermen, who might not be elected, with the view o1 their possessing such ex- Sraordinary .powers,. would determine the ap- ointments. No one would be responsible tor ad government and mismanagement, and the old ring, whose overthrow we all hailed as a har- ' binger of a better day, would be re; d bya ring possibly as unscrupulous, certainly with less responsibility, than the one which you have 80 ear- nestly and successfully labored to subvert, THE LITTLE JOKER. This contemplated action of the Committee on Cities of the Assembly gives meaning to the stx- teenth amendment inthe draft of the Republican Sommene charter in the tollowing remarkable words :— ‘The Comptroller may require any person presenting for settlement an an account or claim agamst the corpora- tion, to be sworn before him touching such an account or claim, and when so sworn, to answer orally as to any facts relative to such accounts. The power given to the Comptroller to settle and adjust such Claims shall not be e ed to give to such settlement and adjustment the the Camptrolier to dispute the ‘amoune ot any salary ne Comptro cuablished iy or ander tis authority of any othess or de- artnent authorized,to establish the same, nor to ques- jon the performance of his duties by such officer. TYING THE HANDS OF THE COMPTROLLER. If the present efficient Comptroller is to remain in office his hands are to be tied, to prevent him from continuing his useful and beneficial labers in cutting down exorbitant salaries and preventing the holding of sinecure positions. If a successor is to be appointed he is to be rel the unpleasant duty of-looking into the extrava- ee and wasteful expenditures of his partisan lends who are the heads of the other departments of the city government. Any commissioner au- thorized to fix @ salary may give to a doorkeeper ora messenger $10,000 per year, there is no one authorized to question the amount ef such salary, or the performance of the duties under the appointment, ‘Legislation such as this is in direct confiict with the solemn conviction and expressed will of the citizens of tne city of New York, a» manifested by the recent elections. THE PROPOSED CHANGE IN THE APPOINTING POWER is also explanatory of the amendment contained in the republican committee's draft to abolish the . Board of Assistant Aldermen. If the appointing wer is to be vested in the Board of Aldermen—a thirteen of our city’s wards are un- represented—the Boara of Assistant Aldermen, which represents distinct localities and is nearer ofa tie scheme of partisan jobbery. Such pointments being corporate acts would require the consent of the Assistant Aldermen and the signa- ture of the Mayor. Pi Hence their destruction and the ion of your committee, in the charter you proposed last year, of but one Board, in the interest of good government, is to be diverted tomosé sinister enda PROM MERE POLITICAL MOTIVES. Little did those citizens who united in electing General Grant and John A. Dix last November, ir- respective of party, conjecture that their disinter- ested zeal to secure a stable and Rational and State government would incidentally result in the elevation, for party serv! to important official a of men who, instead of attending to the fat ties of their ofmices, from which civil service rules would have excluded them, would bend all their ene! to wity the resuits of the reform movement, im both the national and State administra peril, if not in disaster, and make our cit; once more the football of schemers and politi- cal adventurers, and the prey to as dangerous @ set ef corrupt politicians aa those who are boat indictment for past raids upon the city easury. + The heans of drawing public attention and directing the indignation of the people against this new attempt upon their rights and upon their property is at your command. You have the power, and, doubtless, the will, by means of local repre- sentation at Albany and public meetings, to avert this new and very formidable danger which now threatens our body politic. Respectfully, W. F. HAVEMEYER, New York, Feb. 3, 1873. THE CONSHOHOCKEN EXPLOSION. Eleven Men Killed—Verdict of the Coro. ner’s Jury—The Boller Believed to Have Been Worn Out. PHILADELPHIA, Feb, 4, 1873, Two more victims of the Conshohocken explo- sions—James Satterlie and William Kelly—died this afternoon, making eleven deaths in all. Robert Geary Was reported to be dying thisevening. An inquest on the bodies was held to-day. The verdict of the jury ts that the deceased came to their deaths b: the ere of @ boller in the roliing mill of J. Wood & Brother, and, in the opinion of the jury, said boiler had, by long and continued use, become in certain parts inadequate to carry the required pressure—viz., eighty pounds, THE PITTSEURG HOLOCAUST, PirtsBuRG, Pa., Feb. 4, 1873. The Coroner commenced am investigation this morning of the facts connected with the boiler ex- plosion at the American Iron Works yesterday, The testimony seemed to indicate that the explo sion resulted from over pressure, Without arriv- ing at any conclusion the jury adjourned to meet wea” when additional testimony will be ab uced.