The New York Herald Newspaper, February 8, 1873, Page 11

ta al Rosenzweig, the Convicted Abortionist. - “fhe Trunk Tragedy” Revived--The Slayer ‘of Mice Auguste Bowlsby Claims an Un- conditional Diseharge--A Special Plea Interposed it Bis Behalf Postponing Judgment in Crim- inal Cases. Is Any Legislation Needed Thereont— Recorder Hackett Decides Not—Co- gent Reason Therefor Delivered in Court by the Recordor. THE JUMEL ESTATE CASE. Farther Rebutting Testimony for the Plain- _tiff—George Bowen Again Exainined— ** ‘The Deposition of Gideon J. Tucker. THE SOUTH FIFTH AVENUE IMPROVEMENTS —)—_—_—— Another Mandamus Against the Comptrol- Yer—Action to Compel Payment of ‘the Balance Due for the Work— Decision Reserved, oe “ BURINESS IN THE OTHER COURTS, Sunimeriee—A Bankruptcy Suit—The Fowler ‘Will Case—Notice to the Bar—Decisions— Businem in the General Ses sons, Parts 1 and 2 A baakruptcy suit bas deen tried in the United States Diatrict Court, before Judge Biatchford, in whieh the plainuis sought to have the de- fenéant Geciared a bankrupt. It appeared that ‘the latter, im order to enable him to fit up a place of business in the Third avenue, borrowed $2,600 from hia sister, giving ber a mortgage for the ‘amount upon the fixtures, £c,, while he transacted ‘the business in bis own name. ‘This, the plaintims claimed, was under the law an act of bankruptey. ‘Tae defence was that while the property in ques- ‘tion wea under iiis contro} it was, in fact, owned by hia sister. The Court and jury so decided, and the case was dismissed. Rosensweig, the abortionist, convicted in Octo- ‘er, 2671, for the homicide of the victim of the “Trunk Tragedy,” which created such. intense’ horror in the public mind at the time, was brought ‘into the Court of General Sessions yesterday by a @ecision of the General Term, which ordered a new trial in the case. His counsel interposes a special plea, to the effect that, in consequence of the repeal of the statute under which he was pre- Viously tried he cannot be now tried under the new statute. The motion to discharge the pris- ener acemed to take the District Attorney by sur- prise, and the hearing of the case was adjourned over till Thursday next, John Moorehead, alias Murphy, was held yester- day, in default ef $10,000 ball, by Commissioner Bests, on a charge of being concerned asa dealer to a considerable extent in counterieit money. The examination is set down for the 18th instant, The Secret Service oMicers are, as they say, “working Bp tho cage.” ‘The hearing of the gase of Gearge W. Bowen ve. Geleon Chase was resumed yesterday in the United States Ci cuit Court before Judge Shipman and the apecial jury. The rebutting testimony for the plaintitr has not yet been concluded. The trial will e@ reaumed on Monday morning, and may possibly ge brought toa termination late in the ensuing week, tm the United States District Court yeaterday Tadge Blatchford rendered a decision in the mat- ter of Frank F. Newland, a bankrupt, to the erfect that @ policy of insurance, a@ a security, is not within the language of section nineteen of the Bankruptcy act,@ mortgage or pledge of reat or personal property, There is a rule of the Unitea States District Court in Bankruptcy that no papers shall ve re- Geived by the Clerk or presented to the Court un- teas they are endorsed by @ counsellor or attorney- At-law who has signed the roll and been admitted to practice in that Court. 1t is well to call the at- tention of the Bar to this matter, asit seems the rule has been infringed vy some legal gentlemen who are only entitled to plead im the Stare Court, The United States District Court will in future en- force the rule above mentioned, Some few days ago, when Mr. Stephen H. Knapp, Buperintendent of the Mall Department in the Post Office of this city, neara that an officer of the Treasury had been directed to investigate his accounts with the view of ascertaining if there ‘was any deficiency in them, he voluntarily went before Commissioner Ogborn and gave bonds to ap- pear for examination. Mr. Knapp earnestly dis- elaimed all criminal knowledge fu relation to such alleged deficiency. He states his readiness to ap- pear at any time if the result of the government inguiry should justify criminal proceedings being taken against him. Im regard to the Foley-Paimer injunction, Judge Barrett stated yesterday to the latter's counsel that im his recent order, published in yesterday's HERALD, in regard to the case, he only intended to hurry up counsel into submission of forms of Modification of the injunction, according to their fespective views of bis previous decision, He added that if the counsel faited to hand in their papers by next Monday he should make a final settlement of the order on that day, The Supreme Court, General Term, yesterday ordered that a new trial be granted in the Hogan will case. The parties to this action, it will be re- membered, are Mrs, Sarah Hatch and Mrs Clara M. Pengrat, the will of Mre. Dr. Hogan, their mother, being made in favor of the latter At the late trial the verdict was in favor of Mrs, Hatch, from which @n Appoal was taken, and, aa will be seen, witn fayorable result, as far at least as obtaining » ‘ew trial. : Application was made yesterday boiore Judge Davis, at Supreme Court, Chambers, for @ per- emptory writ of mandamus against the Comptrol- ler to enforce payment of balance claimed to be aue on the contract for paving South Firth ave- mue and New Church street, After hearing tne argument the Court took the papers, reserving its. Accision. ROSENZWEIG THE ABORTIONIST, The Effect of Bungling Legisintion— Rosenzweig Objects to s New Trial as Ordered by the General Term—A Spe- ial Plea is Interposed by Counsel and His Discharge Moved For—Argament of CounselThe Case Adjourned Till Thursday Next. ‘The case of Jacob Rosenzweig, so notorious in connection with the revolting “trunk tragedy” and the shocking death of the young woman, Ale An- gusta Rowlsby, the victim, has agam been brought up ia General Sessions I» conseqnence of a dect- sion of the Genera) Tern of the Snpreme Court that Rosepawelg, convicted of tue homicide of the ‘unfortunate girl, should have anew trial. Rosen- ‘Zweig was indicted for the homicide on the 16th of September, 1871, and was subsequently tried and convicted, and on the 28th of October following ‘Was sentenced to the State Prison for seven at bard labor. It will be remembered that an ap- peal was taken and the General Term of the Su- Preme Oourt reversed the decision of the lower Oourt »nd ordered @ new trial. This he, through his counsel, now moved to set aside, and demanded his discharge. The special plea in support 1s based upog an act of the Legislature of 1872, relating to the procurement of abortions, and which, it is claimed, repealed the statute of the State under which the prisoner was previously held and con- victed, and that he cannot be legally held for the offence committed as against the previous statute under the pres- ent statute. This is the present aspect of the case. Whether by means of bungling legis- lation’so dire an offender against the laws of the State and of humanity shall after all go unwhipped of justice remains to be seen. If he should the people themselves will have to answer for it in this, that they are 80 wholly reckless of the sacredness that should attach to luw and the administration of justice that they elect as their lawmakers political emprics and ignorant tricksters, and that legisla- tion in the hands of these men, and the laws passed by them for the preservation of public morals and the pretection of life and liberty, are a mockery, @ delusion and a snare. Proceedings in the Case Yesterday. District Attorney Russeli—I have called Jacob Rosenzweig to the bar, having been informed this morning by his counsel that he proposed to inter. pose a special plea toa second trial of this case. What the facts are, what the propositions of law are pte which this special plea is te be filed to stay the action of the Court, I do not know, I think it pro that that matter should be disposed o! at ine, Ii there are such questions of law, of such vity that this man may not be convicted, those Should be disposed of before we proceed with the formal trial of the case to the jury. Mr. Howe has mitormed me he is now ready to argue the ques- tions he proposes to raise. THE PLEA. Mr. William F. Howe said:—This defendant as Your Honor 1s aware, was indicted on the 16th of September, 1871, for manslaughter. canes seer the killing of Alice Augusta Bowlaby. t in. dictment was found under the Laws of 1869, clapter 631, pronouncing the offence. to be m: by ‘anmainistering to a@ woman with child any di or medicine, or using instruments wit Su ep eeaets eee eee a eat al we been ne preset r 116 ; in case @f the death of such child, of of such woman, the party sha! deemed guilty of manslaughter in the second degree. penalty jor that offence was seven years in the State Prison. Thisdefendant was convicted. The con- viction was reversed freien Sate by the General Term of this district. Pending the peal which was taken from the judgment here by a writ of error the Legislature of this State, on the éth of April, 1872 (chap. 181, p. 509, of the Laws of 1872), repealed the act o1 1869, substituting the term ‘iexony? for “manslaughter? (although man- Saughier was @ felony, and increased the punish- ment to twenty years in the State Prison—“for a term not less than four or more than twenty years in the State Prison.” Mr. Howe proceeded to interpose the special which he read, and which sets forth the fecord of the previous conviction. ‘The ground taken by the counsel was that the Leplaiatire of 1872 d an act repealing the act of 139 relating w the procurement of abortions, and therefore there was no statute of the Stute under which the defendant could be tried at the present time, And further that the statute under which the defendant was now arraigned and put upon trial under the Indictment in this cause as to the offence charged therem is es Jacto, which he was ready to verily. The accordingly prayed the nt of the he might be discharged judgmet ‘Witiout trial. Mr. Howe read the laws of 1868 an@ 1872, and in an able argument contended that tRe last law could not by any possibility apply to the offence charged against his chent, because the alleged rey ‘was committed long before the passage of the ‘The Recorder intimated that the only question was whether the act o1 1872 repealed the act of 1869 on this subject. District Attorney Russell said that it was a sum- eleut answer to the first part of the special plea of former conviction to say that the General Term of the Supreme Court ordered the defendant a new tnial. The other TecApype of the plea was @ novel one, and he required time to investigate it. It was finally determined, in view of Mr. Howe's engagement in the Over and Terminer next week, in the trial of Scannell for murder, that the farther discussion o1 the question be postponed till Thurs- day hext. Rosenzweig was remanded to prison, POSTPONING JUDGMENTS IN CRIM- INAL CASES. Preliminary Action of the State Senate With Reference Thereto—Is Any Legis- lation Neededt—Recorder Hackett Thinks Not—His Remarks Thereon. At the opening of the Court of General Sessions yesterday morning Recorder Hackett said:—My attention has been called to an article in one of the papers yesterday, reterring to the legislative pro- ceedings in the State Senate, in which, on motion of Senator Benedict, a resolution of inquiry was moved to be addressed to the Clerk of the Court of General Sess'ons and of the Oyer and Terminer of this county, to learn from him the number of suspensions of judgments which had occurred in the two Courts since the year 1869, it appears that, after debate, the resolutien so offered was referred to the Judiciary Commit- tee. Upon my own motion I now direct the Clerk of this Court to prepare and send to the Senate Judiciary Committee a state- ment containing all final sentences that have been postponed by the action of this Court from tie Ist i January, 1869. The power to postpone sentence upon i tigl ed showing has been exercised unques- tioned for a long period of time, and, I think, rightfully. Whenever confided to the discretion of ab uprigtand intelligent judge the cause of justice would be aided, not Injured. Postponing the judg- ment of this Court has olten been done upon my or- der upon suficient meritorious considerations and upon motion of the District Attorney. The exercise of the power referred te is im- reperly styled a “suspension” of {adgment. te is @ postponement of sentence upon the Court's own mot On, or on metion of the District Attorney, and the prisoner is permitted to depart on bis own recognizance to appear or upon bail, but at any time, andat all times, he is held subject to the order of the Court, and upon the motion of the District Attorney, or for any cause, the Court will roceed to pronounce final sentence, This power Bas been exercised unquestioned in the Court from time immemorial, so I am informed, and of my own knowledge by ex-Kecorders Joun t Hoffman and James M, Smith, Jr., and the different city judges, and | should deeply regret that the exercise of this Loy. should be abridged by any legislative action, "he Clerk will at once prepare the statemeut and cause it to be placed in the hands of the Chairman of the Judiciary Committee of the Senate. THE JUMEL ESTATE CASE. The Suit of Bowen vs. Chase—More Re- butting Testimony for the Plaintif— George W. Bowen's Further Examina- tlon—The Deposition of Gideon J. Tucker. The hearing of the case of George W. Bowen vs. Nelson Chase was resumed yesterday, in the United States Circuit Court, before Judge Shipman and the special jury. Mr, Hoar, Mr. Chatfleld, Mr. Chauncey Shaffer and Mr. Sawyer appeared as counsel for the plaintit, and Mr. Charles O’Conor and Mr. J. C. Carter for the defendant, FURTHER TESTIMONY FOR PLAINTIFF IN REBUTTAL— RVIDENOE OF PHEBE WARD. Phebe Ward, an elderly woman, was called by plaintit’s counsel, for the purpose of confirming certain statements made by a witness (Henry No- dine), who had been examined for the plaintur The witness said she was born in April, 1789, aud Was married on the 23d of November, 1811, toa man named Ward; she ‘lived at Fort Washington at the time of her marriage; her brother, Henry Nodine, did not live in the same house with her; he lived in the same locality; he married Susan Letis, Witness produced her family Bible, giviug the date of her marriage a3 above. 5 Cross-examined—Her husband got the Bible; they did not want tho Bible before they were married; did not know the moment her husband took a notion to get the Bible; think it was within two years after her marriage, Q How soon after your marriage did you have any chifftren? A. Ido not know that it makes any ditference as to that; I did not know thet I wount 4 asked about that; we liked to have a Bibie in the house. . How soon after your marriage did | ay children’ A. The oh mre pre | dren have got nothi te do with it. . Sp The Gourt—The question ts proper. You must answer. 4 Witness—WWell, I suppose thirteen months a/ter; Thomas was the name of that child; he lives iu ‘Sing. See Did your brotugr Hoary comp to you somo | sine age to set. 7on sont bis age? A, A gentic- ar Boge ig fs ron as Bam mor about hie age Y Ao'Thus Winter he dha, and “Did he come you and tell you he was amined before a Oomulaaoner ? ay velieve he that he six OF seven Y A. Yes; soon after any was born we had a child, Nep- 0 years after Thomas. ‘at the time that daug daughter is now li on Staten P gia bee: a the aivention of the Conrtand that was published in 81 lu SETrOMONY, oF PLAINTIPP, @. W, Bowen, . was Turther examined. He said:—I saw 8 0G ae moralas Of tae sobtinn to come Trou! winter Je nid Deyn Dg to col im Jones ; Those tetters: ‘to ‘Tuel ‘ork, some short time after rece! to Mr. Tucker in his of bers street; ct at your (Mr. Shaffer's) effice with the letters, but did not leave emcee 1 did not dind you there, xXamined by Mr. 0' Croxs-e: *Conor.—Freelove Bal- lou told me who my mother was, but she never told me who iy father was; 1 have been told in @ joxing who my father was; Freelove Ballou never told me who my father was. 9. When you were before examined on this trial, Judge and this jury, did you intend to represent to. the best of your owiedge and belief that Mayor Reuben Ballou was your fatner ? . Hoar objected to the question as wholly im- eal and ae asking for the epinion the “ ee brough: & long tne This it on tween u’Conor and Mr. Hoar. ough he Ok as the piaintii’s ‘th relied on theentry in the King Henry Bo that Mr. v'Conor vil fact. toon it be most extraordinary that any changed aapect sheuld be 't to be given to the case by counsel on the other side and a new idea thrown into it. ea . Mr. Hoar said, as @ ter of fact, that they never put before the jury the idea that the plain. tiff was a legitimute gon. All that Bowen testified ” Batiou called him “son,” or “sonny,” and whether the witness meant by that that he believed Ballou was his father, or any belief upon it, except from the facts he testified to, was @ matter for the consideration of the {urs Mr, O’Conor caljed upon Mr. Bony: grapher, to read the last question. The steno-. grapher readit, and before the Judge could a ord, as to whether he would admit or excinde the question, the witness answered, ‘I did not.” 1c said he had supposed that this case bad been treated on the assum on the part of the plaintif that tius plaintif’ was the illegitl- mate son of Madame Jumel. While there was very little proof as to who his father was, he supposed there was some evidence tending to show that Reuben Ballou was his father, and that had weight tt the entry in on his (the Judge's) mind in admit the King Henry Book. He was reluctant to open this part of the case at the present time on cross- examination, and he thought he would, therefore, exclude the question aud the answer. Mr. O’Cenor said he objected to striking out from the ears of the jury the fact that here in Court, on the stand, when tle question was repeated by the stenographer, the answer yolunteered by the wit- ness was, “I did aot.” ‘The Judge said he would adhere to his ruling. TESTIMONY OF A. H. CADY, A. H. Cady, Clerk of Arrears for the city of New York, was examined for the purpose of showin: that the aaa ees erty in the Twelfth ward and at the corner of Liberty gtreet and Broadway, tor 1866, 1867 and 1868, had been sold for taxes and assessments, Mi. Hoar stated that the object of this testimony hed 2. show that Mr, Chase had not confidence m S title. DEPOSITION OF GIDEON J. TUCKER. Axong discussion ensued vetween counsel on th sides as to whether certain parts of the de- osition of Gideen J. Tucker should be admitted. ious were ruled out as irrelevant, ‘The deposition chiefly had reference to the tes- timony of Joseph Perry as given at the last trial of this case, and stated that Perry was dret brought to the notice of Tucker by William B. Jones, brother-in-law of Mr, Clase, who saw Tucker at his office, and told him that thongh he was s jor man he would ive $1,000 to nee turped out of the Jumel mansion, Jones expressed himseli in terms of indignation against Chase and ‘Tucker under secrecy in the matter, which the latter siates he has kept until the pres- enttime, The ition states that Perry, who had been examine &Wituess for the plaintiff, had committed perjury at the last trial, and that Tucker had made efforts bets in Khode island and New York to have the mam prosecuted for that offence. Tucker further saya he thinks Jones tirst visited him im the Spring of 1871, and that he (Tueker) was once at Jones’ house, Before the reading of the deposition was con- londay ab twelve ‘cluded the Court adjourned to o'clock, when the trial will oe continued, MORE MANDAMUSING. The Contract for Paving South Fifth Avenue and New Church Strect=Seek- ing by a Peremptory Mandamus to Compel the Comptroller to Pay Balance of Seventy Per Cent Still Due. Among the many contracts lately,given out by the Department of Public Works waa one by Com- missioner Van Nort, for the paving of South Filth avenue, formerly Laurens street, and New Church street. This contract was given to Charles Gutdet, Under a special statute, passed last Spring by the Legislature, the Comptroiler was authorized to raise the money by assessment bonds, Under the provisions of this statute Mr. Guidet claims that he is entitled to seventy per cent of the amount of the contract; or, in other words, to some $115,000 out of about $160,000, the amount of the contract. He has been paid $45,' and the balance, which he alleges to be due him, the Comp- treiler refuses to pay. In consequence of the re- the Gomptroiier to pay the bal- the seventy por cent as stated, application was made yesterday before Judge Davis, holding Supreme Court, Chambers, for & peremptory writ of mandamus against the Comptroller to pay the residue now claimed. Ex- Judge Edwards and Abraham k, Lawrence appeared to press the claim of Mr. Guidet, while Mr. George P. Audrews, Assistant Corporation Counsel, repre- sented the interests of the city, Judge Edwards read an afiidavit of Mr. Guidet reciting the facts in connection with the contract, the amount of mone’ paid on the same and the amount. still due. He then insisted that the payment of this claim was ‘eon or duty of the Comptroller under the statute. Judge Pratt, he urged, deciled the same point about a year ago in a case brought upon @ contract given by the Park Commissioners. He insisted that there was no possible defence against the payment, and said that they had resorted to the remedy asked for te save themselves the trou- be a expense of a prolonged litigation against the city. ‘ Mr. Andrews claimed that the pals, proper remedy wasin a suit against the city, le urged that this was the course directed by Judge Brady in a precisely similar appiication made on behalf of the contractor for paving Second avenue, above Eighty-sixth street; he alse cited as involving the same point the appilcation for a peremptory writ against the Comptroller to enferce payment of money claimed to be due Mr. Leveridge on his street cleaning contract, Judge Davis said that it was evident he must te that the Comptroller had done his duty so far as referred to the issue of assessment bonds, and that he was directed to pay the claim by im- plication. Mr. Lawrence said it might be a presumption of law that an officer had e his duty, but some- times it was @ very violent presump'ion. Judge ig added that it was very obvious that the duty of paying the tlaim was implied. If he could find any law upon which the mandamus sbould be granted he would grant it; but he was very much afraid the law was against them. Alter some further remarks Judge Davis took the papers, reserving his decision, BUSINESS IN THE OTHER COURTS, UMTED STATES DISTACT COURT. Bankruptcy Suit. Betore Judge Blatchford. MER, Fairbanks & Co. va. Crager.—A novel and im- portant point h. een decided in this action dur- ing the present term of the Court. The case was tried before Judge Blatchford and a jury, From the testimony it appeared that in the latter part of May, 1872, Miss Cruger, the sister of the de- fendant, advanced te the defendant certain funds, amounting to about two thousand five bundred dollars. This moncy was used in fitt up a retail store on Third avenue in this city, and after the place was fitted up aad furnished tae defendant gave Miss Crager a same inthe sum of $2,500, and in his Own name, The claimed that this was an act of bankru; Mled their petition s# creditors of the 4d The defence interposed was that the alihough standing io the name of the defendant and under lis control, was really the prepetty of Miss Cruger, and that defendant had, the: not mortgaged his own property, and had not com- mitted an act of bankruptey. The jury fonnd » verdict for the defeudaut. D, M. Porter for eredit- ors; ‘i. A, Masverson or defendant, ed laintitts ‘y, and efendant. easy, UNITED STATES OISTRICT COURT—IN BANKRUPTCY, Liens on Leasehold ond Frechotd Prop- erty=—Decision hy Judge Blatchford, In the United Stetes District Court yesterday Judge Digteford rendered s decision ip we bank: “Tuptcy suit of John H. Platt vs. Joseph Caldwell and others. The Judge says the judgment in favor of E. H and W. 8. Cobb was valid len on the freehold estate conveyed in fraud of creditors, but ‘was no lien on the leasehold estate. The samte is true of the Adams judgment. The same the judgment in favor of the Exchange National Bank. The same judgment in favor of the tional Bank. @ Merchants’ Exchange National Bank acquired a valid tien by the com- mencement Of their creditors’ suit in equity, m the State Court, on the property conveyed in fraud of md proceeded agai cred: and Bank acquired no valid lien by the commencement of any creditors’ suit in equit; ly conveyed in fraud of creditors. No such sult was commenced. Any lien which could have been acquired by commencing it would have been votd, wo iat under the Bankruptcy act. The W’Connor and Judge judgment was no lien on the leasehold estate, and was no valid lien o Fre Treanon estate. It was preferential under acl SUPREME COURT—GERERAL TERN, Special Notice. Before Judges Ingraham and Fancher. Ordered, that anew calendar be made for the March term. New notes of issue must be filed in all cases or they will not be put on the calendar. Sach notes of issue must be filed before the 24th of February, SUPREME COURT—SPECIAL TERM. Decision. By Judge Fancher. Ellsworth vs. Muldeone.—Judgment for plaintit. SUPREME COURT—CHAMBERS. Decision. By Judge Fancher. In re application for the appointment of Trustee to fill vavancy under last will of J. J. Pentz, de- ceased.—Order granted, SUPERIOR COURT—SPECIAL TERM. Decisions. By Judge Freeaman. Landon ve. Demme.—Motion granted condition- ally. Baldwin, Receiver, ve., Martin.—Order of discon- tinuance. Moses vs, McKeon.—Order granted. Jungernon vs. Vunpel.—Same. COURT OF COMMON PLEAS—SPECIAL TEAM. Decisions. By Judge Loew. Beaumont vse, Beaumont.—Memorandum for counsel, By Judge Robinson. Frendenthaler vs. Block.—Motion dented. By Judge Larremore (in equity.) The Blue Railroad Company Kemp- ton.—Allowance to defend: Fearing vs. Irwin.—Decree settled. Weeber vs. Fitzpatrick.—Jndgment for distribu- tion orrena as per Mndings. Decree to be settled on notice. $ SURROGATE’S COURT, The Jane Aun Fowler Witl Contest. Before Surrogate Hutchings. Tu the matter of the last will and testament ef Jane Ann Fowler two relatives of the deceased ap- peared yesterday before Surrogate Hutchings, by counsel, to contest the will. Deceased bequeathed ‘by her will some $75,000 worth of property to some cousins principally, with bequests to a number of personat friends or intimate acquaintances and en- tirely ignoring any supposed claims upon her now it forward by three maiden aunts—the Misses Boas the present contestants. . Yesterday's pro- ceedings were confined to the proving of the will, alread, pccepted at probate. The merits of the contestants have not been fully entered upon and the case stands adjourned. COURT OF GENERAL SESSIONS—PART JL Sentences. Before Recorder Hackett. James Gilligan, who pleaded guilty a few days since to am attempt at burglary in the third de- gree, was arraigned for sentence, The counsel read a number of affidavits showing the previous good character of the prisoner, and his Honor sentenced him to the Penitentiary for six months. Edward H. ‘rauéman, guilty of @ similar offence, also furnished unmistakable proof of previous good character, and that he had nothing to do with the inception of the crime. He was sent to the Peni- tentlary for three months. John Lund, who pleaded guilty to selling a lot- tery policy ticket, was sent to the Penitentiary for ten days, the Recorder having been satistied by competent evidence that the accused had no in- terest in the establishment. A Murderous Assault Upon a Switchm: The entire day was occupied inthe trial ofan in- dictment for felonious assault and battery upon Michael Mangim, op the Sth of December, by Martin Lyons, Sr.,and Martin Lyons, Jr., father and son, It appeared from the evidence that the parties were switch and flagmen, employed by the Hudson River Railroad Company, at Manhattanville; that they had had a previous quarrel and were bound over to keep the peace, and that on the morn- ing in question, according to the complainant's story, the father and son set hi threw stones and beat him severe The old man seized @ pitchfork and stabed Ma while the gon cut him in the head with a knife, iaficting dangerous, but, fortunately, not fatal wounds, The prisoners made a widcly different statement, to the effect that Mangin commenced the attack and beat them with @ flag pole, and then threw the old man over a wall into the river; but the tide was out and he was not drowned. Mr. Mott made an able and vigorous effort in behalf o1 the accused, claiming that what they did was in self-detence. The jury found them guiity of an assault with a di rous weapon with intent todo bodily harm. In view of their previous good | character the Recorder did not impose the full ene He sent the father and son each to the enitentiary for two years and six months. COURT OF GENERAL SESSIONS—PART 2, Proceedings Yesterday. Before City Judge Sutheriand. There was a long calendar in this Court yester- day, and @ number of casee were disposed of. Judge Sutherland presided, hy In the case of Tagmas Farnam, charged with fe- lonious assault and battery, a nolle presequi was entered, Thomas Rigney, charged with burglary, pleaded guilty of petty larceny, and was sentenced to six months in the Penitentiary, Wiliam Delaney | and John Mullany, both boys of good character, charged with the burglary of a mumber of cigars, pleaded guilty and escaped with four months in the Penitentiary, Edgar Lewis also pleaded guilty of the petit larceny of a sleigh robe, and as he could give no satisiactory account of himself, except that he came from New Orleans, he was sentenced to two years’ hard labor at Sing Sing. Patrick Byron received the same sentence for snatching & purse from a lady, altho’ iainant did pot wish to have him severely pun- shed. There was also a case of the forfeiture of recoguizances in the case of George’ L. W vood. Five cases were tried. Henry Lowe, indicted for fh the com- -ton & burglary, got a verdict of not guilty, owing to the curiously mixed evidence of the complainant, | although he had at first offered to plead guilty of | petit larceny and the plea was refused, John Scott, a sailor from Maryland, was charged with feloniously assaulting Mrs. Mary Murray, the wile of the keeper of @ boarding house in James slip. The evidenee was very conflicting, the de- | fence claiming that the complainant's husband had | abused Scott and had struck him with the butt end of a pistol, and that Scott had only drawn his | dirk knife in self-defence, The jury, perhaps very properly, concluded that the satlor was the more Raraly reated of the two, and acquitted him. In the case of Michael Harris, indicted for steal- ing, and of Jenn Fisher, for receiving from | him @ sealskin cap, the former was found not guilty, because @ confession of his crime had drawn from him by the detective under promise that it would be betier for him, and that this confession, the only evidence of his guilt, was inadmissible. The defence in the case of Fisher at once claimed that, as tie jury had said there had been no stealing, there ceuid, of course, be no reeeipt of stolen goods. This was, however, | overruled, but the indictment broke down, owing toa mistake im the name of the alleged owner of | the property. The last case was that of an sey? t | as burglary by John, Patrick and Michael Brown. took three hours to try, and the complati stated by several parties to have a bad reputatior for truth and veracity, His evidence was, how- ever, corroborated by other parties. The jury, after deliberation, were unabie to agree upon a ver- dict, and the prisoners were discharged. TOMBS POLICE COURT. A Basy Day—Jwige Dowling Disposes of a Large Calendar—Six Cases of Grand Larceny and One Case of Forgery, Besides Many Miner Offences. Henry HH. Rogers, of 108 Fulton street, charged dohn Mansfeld with stealing a coat worth $50, He saw Mansficld put his band inside the door and take it dowm from @ rack, He was arrested by OMcer Reilly of the Second precinct, and held by Judge Dowling in $1,000 bail to answer. THEY HAD A MILITARY TASTE. | cer. Private Wilton Grifin, of company A, Ninth reg- iment N. G. SN. ¥., last week lost his uniform and accoutrements, the propesty of the Common- wealth, viz,i-Ume grey goat yalug £20; ong fatigue jacket, $13; one hat, with pompon at- tached, $2; one pair of opaulettes, $3, and one set of equipments, $3. OMicer Monahan, of the Sixth precinct, found the articles in the possession of James Connolly and John Hines, who were endeav- oring to negotiate their sale with a gentleman doing business in the cast-off clothing line in Bax- ter atreet. Lieutenant Colonel J. R. Hitchcock, of the Ninth regiment, yesterday entered a complaint against the prisoners, and they were each held in $1,000 bail to answer. 4 FRIENDLY TURN. Jacob Cohen, a young man of about eighteen, re- cently became financially embarrassed, and set to work devising ways and means ‘to raise the wind.” He recollected that Frederick Gotthold and Ephraim A. Jacobs, of 320 Broadway, were inti- mate friends, and bethonght himself of a happy idea, He indited the following note immediately, and presented it in person :— “Priexn Ern—Will you please be kind enough to loan Duc wilh be able to return ic he Weduecday evening ag a 8 8:30 P.M. if yon will be atthe ofa. “Tenot P will vend it youon Thursday morning. It you can do this for me I Ui. "reas sl cuawer bearer vantages A" “Paanvany § 1878 PRED. GOPTHOLD.” As Mr. Jacob Coher was the bearer alluded to, he received @ check on the Cemtral National Bank for the amount, and drew the money, The experiment potas 80 successful he tried it on other parties, ut his career was premscarely ended by Ofticer Bevendam, of the Sixth precinct, and he was held by Judge Dowling in $2,500 bail to answer. 4 “BBAVY LIFT.!? James Lynch was arrested tm the junk shop 52 Crosby street, having in his ean three iron gates, stolen from the premises of Messrs, Apple- Co,, 1m Grand street, mear Greene. the Bee, Was identified by George 8. Appleton, of roadway, who made the complaint. The pri- soner was heid in $1,000 bail, ANOTHER STREET CAR ROBBERY. Royal S, Gaines, a lawyer, of No, 284 Pearl street, while attemp' to leave a car of the Bieecker street line at t corner of Spring and Cros! streets, ut eleven o'clock last night, was jostl nm, and immediately after missed his gold wal id chain, valued at $210, OMmcer Quinn, of the Fourteenth precinct, immediately gave pursuit and detected a man named James Monahan in the act of throwing the watch away. He was arrested and held in $5,000 bail. He gave his occu- ft as that of an oysterman and his residence as jroome street, A WAGON THIEF ARRESTED, Supply M. Rollins, of No, 238 Church street, was ari @ truck yesterday, and charges that he saw Dan’ lurray in the act of stealin, m his Wagon Some bundies of fannel, valued at $10. He gave chase and secured the thief, The latter was held in $1,000 to answer, JEFFERSON MARKET POLICE COURT. Sawdast for Tobacee. Henry N. Slack, who keeps a cigar store at 155 Ninth avenue, was prought before Justice Ledwith yesterday, on complaint of Michael Conners, charg- ing him with swindling, in selling what purported to be a paper of chewing tobacco for five cents, and which turned out te be sawdust. Slack was id to bail m the sum of $500 to answer. Grand Larceny. Thaddeus E. Wadsworth, of New Orleans, signal- ized his advent to this city, and @ colder clime than he had been accustomed to, by stealing wearing apparel from the residence of Henry Reed, $224¢ | Twenty-second strect, valued at $112. For this at- tempt to recuperate his wardrobe Thaddeus was | | locked up by Justice Ledwith in default of $1,000 bail to answer, COURT OF APPEALS DAY CALENDAR, ALBANY, N. Y., Jan. 7, 1878. The following isthe Court of Appeals day calen- dar for February 10:—Nos. 107, 111, 1934, 110, 136, 200, vy 207, UNITED STATES SUPREME COURT. pie Wasnineron, D, C., Feb. 7, 1873. No. 30. Erie Railway Company vs. The Common- wealth of Pennsylvania.—ihis is another of the Tailway cases from Pennsylvania, involving the question of the right of the State to lay tonnage | duties on the transportation of railroads, The questions in this case are exactly the same as in the case of the Philadelphia and Reading road, stated yesterday, except as to one point. The company contends that the State having contracted with it to grant the franchise of a right of way through her territory, in consideration of the payment of an annual tax of $10,000 and a stipulated tax upon its stock, cannot subject it, im addition to these taxes: peposed by general laws on other companies, without impatring the obligation of such contract, and this it 1s not competent for the State to do under the constitution of the United States. The State contends that by its provision of law impos- ing a special tax on the Erie -Railway it is not pre- cluded from subjecting the read to a general tax Jaid upon all ratiroad and transportation compa- nies in the State, and it is said that it is well set- tled that such a general tax may be exacted. The intention of the Legislature to surrender the gen- eral power of taxation will not be imphed. It must be express, and in this case such an express intent does not appear. J. W. Simonton for piain- tit in error; L, W. Smith and F, Carroll Brewster for State. PREMATURE ENDING OF A BRIDAL TOUR. -———— A Youthful Couple in a Police Court— Their Sad Separation. On the 2ist of January William ©. Murray, a con- fidential clerk in the employ of Bloodgood & Co., suddenly disappeared with $8,000 of the firm’s money in his possession. For several days Messrs. Bloodgood & Co. refrained from taking steps to re- cover the amount or prosecute the defaulter, trust- ‘Ing to his probable voluntary return. No trace of the fugitive in the meantime being discovered they placea. the case in the hands of Detective Tully, of the Central Ofice, with instructions to offer a liberal reward for information concerning him and a certain proportion of any sum that might be recovered. Detective Tully proceeded to inves- tugate the case, amd found that the young man had entered into @ matrimonial alliance with a Miss Ada Shreve and the two had forthwith de- parted on a wedding tour for parts unknown, Photographs of the couple were procured and cir- culars containing these, ag well as a description of their general appearance, were forwarded to the various police officials in the United States and the Canadas, In response to the@e, last week De- tective Tully received a telegram from the Chief of Police of St. John, New Brunswick, stating | that a young man, accompanied by a lady corre- sponding with the description furnished, was then stopping in the Victoria Hotel, in that city. The detective at once started for that place, and, closely watching their movements, became sqtis- | fled of their identity, To avoid diMfculty he waited patiently until they should come within United States jurisdiction, His conjectures were correct, for shortly after his arrival both took their de- parture for Bangor, Me., where the tacky Bescon reside. Following close! M in their track, effected their arrest, and voth were day before yesterday brought to this city im custody of the ofl- Yesterday they were arraigued before Justice Dowling, at the Tombs Police Court. Murray is a young man, apparently about twenty-one years of age, of fine ap;.earance, and bore himself up well under the trying ordeal. The bride is a tall, hand- | some brunette of about seventeen, of frank and innocent expression, full ire ané large, open countenance. She was attired in @ black silk dress | and Astrakhan sacque, @ drab veil partially con- | ceattng her features, ju) She manifested much emo- tion ring the procesaine, shedding tears ing copiously and evidently suftei mtensely. es Cp L. ly tone a pis Seer teas against Murray, ctive Tw that four $1,000 gold certificates, twe United States bonds and about three hundred doliars worth of jewelry had been recovered from the Murray, on hia ft cxaminat! his residence as 511 Bi first etreet, birthplace New York, and when questioned as to the e! proferred against him! state at never fn tended ; Fae » steal Mr. Blood; '§ money. Messrs. Howe jummel bag Sony the de- fence. On application ef Mr. Hummel, who pre- | sented the certificate marriage, the lady was | discharged and given into custody of her father, who Was present in Court. Murray was held by Justice vewleg in $500 bail to amswer, Both then in- duiged in @ last, long, loving cmbrace and parted, she for her home a he te his cell, <All present sympathized with the unhappy pair in their | P' misery, even the sters Magistrate, with whom pal is ever paramount, sharing the general feeting. ju CITY GOVERNMENT. OF FICIAL.) Board of Aldermen, STATED SESSION. Pek 6 ate ‘munspay, Pets, 6, 18; Present—Hon. 8. B. H. Vance, Preatlent im the chair, and a quorum of members. RESOLUTIONS RRVERRD, That the sidewalk on the n: rly site of Forty-second street, between Fourth and ington avenues, be re laid. ‘That Eleventh srenee, from Sixtieth to Seventieth 4 ulated. rb and wines te sot sib £ thot gutter rn \e sidew: treet Iams be Ih venty-eight® stree from'the Boulevard toa distance pay. Tet ote Buon avenue, also Croton water pipes be laid ., REPORTS LAID OVER, That & crosswalk be laid from the northeast to the he: ner of Canal and Mulberry streets. Sofhat the sitewatk on the north site. of ninth SUMO DOLITEER NAGON Abd FI Avenues be <n a baswpes, First ai 4 Second Evennes, be . Ninth and Tent avenues, curd and and the sidewalks be utter tories Beta southeast corner of Twelfth street curb and gutter stones be set and the sides walks be flag That on both sides of ninth street, from the tothe enced arcane, heshdewetts te fargen. 2 Ping That a crosswalk be laid from No. 5 Bowery to opposite le. That the sidewalks on both Lge of Thirty fourth streety from Tenth avenue to Eleventh avenue, be flagged. ‘That on both sides of Seventy sixth street, from the First avenue to avenue A, curb and gutter stones be Bey ana the sidewalks be faxied. : That a sewer be built in Ninety-eighth street, from hth avenue to the Boulevard. ata vewer be built in Sixty-fifth street, from Tentmy avenue to the Hudson River. © That strect lamps be lighted In Sixty-fourth street, fro Fifth avenue to Third avenue. That street lamps be lighted in Fourth avenue (on "ieee ent Tee oe Bae we street lamps igh in Sixty-fir str Elghth avenue to the Boulevards peas 3 at Seventy-fifth street, from Second to Third avenue, be paved with delgian or trap-block pavement, ‘$ at the Comptroller lease the premises located at thet northeasterly corner of Church ahd Duane streets, {OF @ period of twenty-one years, with covenants for one. On, Inore renewals, at a rate not to exceed $25,000 per annum, and the taxes, assessments and water rents; and thed the Commissioner of Public Works fit up roomis fo departments and offices of the city government as ma: be itrected by the Common Couneil to be located in building. ‘That Thirty-Arst street, from Pourth fo Lexington avey nue, be paved with Belgian or trap-block pavement. ‘That Pirstayenue, from Houston street, 10 Fourteenth, is Uo a Lather the aes tracks), be paved witlk jan or trap-block p: ‘That the Couminissioner of Public Works take possess slow ofand ft up for his use, a public offices, all thag portion nf City Hall not occupied av ofiees by the Mayar Board of Alder! Seventh avenue and hamber and offices of men, chamber of the Board of Assistant Ablonnen. the ~} ernor’s room, the room at pi occupit the 1 m at present, missioner of Jurors, the rooms adjoining the room ot the Board of Aldermen, and that basement of the City Hall lying south of the through the same. PAPERS FHOM THE BOARD OF ASSISTANT ALDERMEN 4 Resolution fixing the salaries of attaches of the of Assistant Alderinen. By the following vote -— raiegnee Panag” Rac somthin Worth WANS, lconer, lanagan, Koch, mer, rr! and Van Schaick—10. at ” a REFERRE! aesolution to pave 120th, street, from Third to Bighttd Resolution to pave 124th street, from Fifth avenue tq HETatios to Tay gas mat in 119th street, between esolution to is mains in ee’ avenue A and steatnboat landing. ia Resolution to regulate, &c., uvenue A, from 106 to eth} _Regotntion to pavo Tenth avenue, from 125th to nse street Resolution to pave Ninety-third street, from Third to Paes nen to cusbiul putte Sixt; h street, fromy solution and gutter Sixty-seventh stree Madison to Fifth avenue.” putes 8, Resolution to regulate, &c., Nincty-third. street, fromy Third to Fourth avenue. ; Resolution to place free drinking hydranton southeas= corner of Sixty-third street and Tenth avenue. Resolution to pave Thirty-filth strect, irom Firstavenna to East River, ¢ Resolution to curb, qntter. and flag Thirty-fifth street, trom First avenue to East River. Adjourned until Thuraday next the sth instant, at P.M. JOSE! PH ©. PINCKNEY, Clerk. part Board of Assistant Aldermen, STATED SESSIOX, Famay, Jan. 31, 1873. Present—William Wade, Esq., President, in the chairy ‘and a quorum of members. RESOLUTIONS REFERRED. , That a receiving basin and culvertbe built on the north oast corner ef King and Varick streets, Fitth to Seventh avenue. That Tenth avenue, from Fifty-seventh to Seventiet! strect, be paved with Belgian or trap-block pavement, That gas Jamps be placed in Fifty-fith street, from Firs ayenue to avenue A. ‘That gag mnaing be lald and strect tamps be lighted try Fifty-sixth street, from the First avenue to avenue A. } That Kighty-second street, fron Boulevard to River Tegulated and graded, the curb and gute and the sidewalks flagged. avenue, at 116th street.’ LAID OVER, 9 That Croton mains be laid in Fifty-ninth street, i. ‘That crosswalks be Jaid In Fi ‘That the sidewalk in front of 692, 684 and 636 Ninth ave nuo be flagced. PAVERS FROM THE NOARD OF ALDERMEN REFERRED, ‘That a brick sewer, with the necessary receiving bas sing and culverts, be built in Eighty-third street, from, Eighth to Ninth avenue, at strect 1 be lighted in Fifty-sixth street, trom ue yf Seventy-sixth street, from. curb and gutter stones be set d and reflagye:l. on the southeast coruer of Fifth sa ‘hat the vacant 1i enue and Fi(ty-tourth street be femeed in. ‘That the sidewalks on both sides of Fifty-seventh street between Ninth and Eleventh aventes, be flagged. That the lamp on the sidewalk between 4 and 26 Water street be suspended from the building 274 Water street; Iump-post be removed, z ‘That the block bounded by Fifty-alxth and Fifty-sevently streets and Eighth avenue and Broadway be fenced ‘That the sidewalk on both sides of Fitty-sixth from Ninth to Tenth avenue, be flag xed. That Croton mains be lald'in Sixtleth street, from Fireg avente to avenue A. That the Commissioner of Pablic Works be and he ist hereby directed (o compel the several city railroad coms vement inside their tracks to alevell ave~ Foley, Murphyy a, Thletge FEc anies to raise the tin the established grade of the street and tho ment on either side; also cause tl remove all switches and turnouts also all rails and ties laid in for which no tranchise has been granted by competent wuthority, and to cause the paveuienta to bé thoro i repaired In each and Incase of refusal or neg! then the Cominissi ot Public Works is directed ta, cause the work to be done at the cost of the city, and tq recover the expense from the railroad compan) GENERAL ORDERS ADOPTED. — That on both sides of Thirty-fifth street, from First ave. nue te East Kiver, curb and gulter stones be set and the sidewalks be flagged and reflagged. By the following vote :— Aftirmutiye--Assistant Alderme: piancy, Keating, Wiser, Healy, ington, Strack, Keenan, the Preside men Kehoe, Kelly, Cuinisky, Linden, ea at Thirty-fth street, from First avenue to the East River, be paved with Belgian or trap-block pavement. Thata free drinking hydrant be placed on the 60 east corner. bye ah hird street and Tenth avenue. » That Ninety-third street, from Third to Fourth mt be regulated and graded, the curb and gutter stones and the sidewalks flagge That Ninety-third sirect, from. Third to Fourth avenucy be paved with Belgian or trap-block pavement. in Sixty-seventh street, trom Madison to Fifth aye. urb and gutter stones be set and the sidewalkg ih street, from Fifth avenue to Harlem Riverg ved with granite block pavement, hat 129th street, from Third to Kighth avemue, be payed with granite block pavement, ‘That Tenth rvenue, trom 125th to 155th street, be par with granite block pavement, That street lamps be lighted in 119th street, betwee! avonue A and steamboat landing. ’ That avenue A, from Wéth to LI6th street, be reculatedl and graded, the curb and gutter stones set and the sideg istant Aldermen Foley, Muri Wisser, Healy, Thorn The en) the President, Assistant Alder. y, Simoison, Cumisky, Linden, Somane: Batt % REY, tere E eu Adjourned PM. 19. until Monday next, Februar ne MOD VILLEAM IL. MO Mownnay, Feb. 3, 1873. Prosent—William Wade, Esq., President, in the chai Ke TIONS LAID OVER, men, and prose! By the follow: Affirmative: Wiser, Healy, President, Axsis Linden and B and a quordim of mm That Twenty- treet, (rom First avenue to Fouy nt Dae oe clgtan or comp olooe paetae That ‘Twenty avenue, be paved with Belgian or trap-block pavement, RPE paved with granite-block pavement. i avorren. clerks anc other o! f the Board of Assistant Al bin, ir duties. sistant Aldermen Murphy, Cornell, Marg ne Strack, K venue, be paved wii “na rst street, from First avenue to Thir RKED. That 124th street, from Sixth to Kighth avenue, Resolution fixing the number and compensation of {het ‘3 LAA f r eps, th nt Aldermen Rehoe, Brucks, Sinobwo Negative—Assistant Aldermen Foley, Clancy, Pheisgy Kecian, Kelly, Cumisky and Somors—¥ 4 jay next, inst., at three o’eloc! ‘Ad 'ourned until Mon Toth eee omWiniAM i. OLONEY, Clerk. LARGE ASSORTMENT OF CARPETS, FURNITURE and Bedding, at lowest cash prices. by weekly ing stalments, at O'FARRELL'S Warehouse, Bighth avenugy corner of Twentieth str ; ICENT DRAWING ROOM AND PARLO! ag Rahn omplete, 4, Bedsteads, Bureaus, Bedding, street. residence 120 West Twenty-th * ayretitey Ib PRHIOF' Sante, 828 89, 810 abd upward avenue,—I6 Parlor ‘apd upwards: LOugaes) Shatra, Wartrone Be stead’, Bureaas, Warhstand, tresses, 809 yards Carpets, nearly new, at 5) vents paR yard. ‘Sold to pay storage and advances. “ A. MAGNIRICENT PARLOR Surr_PoMP «Dovey Mang Antoinette. styles covered silk brocade, co | for $200; do., iad hy $2), Pianoforte, re jookcase, Bronzes, Chamber, Dining Furniture; ware, Glassware; @ sacrifice; property family leaving city, ' 96 West loth st., near Sth ave. 'URNITURE, CARPETS, CURTAINS 10 ba soLDd on account of leaving town. 8! East Fourth stre between socom aS TAKTY, Qoo rm D , A SPEC! Mt sizes, nearly new, English, Brussels and fae aa, Reape ie Puliom wires, corner of Dutdhy b tween Will vy ‘ONTHLY OR W) ARPE Day rt ac. Furniture, Bedding, #0) y & CCNNINGILAM, 384 and 346 Third avenue, noar Twenty-cighthy Prices lower than any other house in the city. ‘ a DESIRING #0 DIsPOa® o1 their ii pe box S00 Post ofices purchaser by HE WHOLE HOUSEHOLD UTENSILS gant Furnitur shing neatly “new. fe for nal, cheap. 215 East Six V y BERLE ASD. Kosar pasnenee fare, Carpets eng. THWAIT & ‘Ss, 155 it w prices. Pat stock and lo FOR PURNIK b hy 2-4 PE Re A, Bann rng aud panes { miu cave FE, orgs aren on AND Lt iw: yy nt atreot, near seventh avenue, N. LE AND wanniignind ath street. ounce yn ed competition, Marbie CIGARS AND TORA rnd PANOLAS OF HAVANA TOBACCO, BQUAL TQ rt ygonrapen ant quality, at $65 perv 4 genuine in ay + algo “Whitt” Paaete Sands alan Whe corp RAR NI 4 OO, oF Saigo