The New York Herald Newspaper, February 26, 1873, Page 5

“ae Bheiker fro tant Tate Wan w rather atin ot ‘members, but the were aadensely Ruhiomeaer se pety coat grissaue eericns |, however, C1 though there were Vrew. of ‘them occupying the seats ot rs. ‘Mr, W. x. arrued me, re thon and declared ie was bot brek satatied that the Seay Of the offence had been committed. Mr, McOnany, (fep.) of Lowa, one Ofte members of the special committe, made an argument in suppor! of the Fesolution. A good deal had.becn suid in this debate of yielding to popular clamor. He did not regard this as & egies or papalar clamor. The people were excited he saw 444 if CORRUPTION IN HIGH PI $nd tn legislative bodies and on the efadtelat bench, and re toe ep Of the select Comitice had onig esired to discharge his Gaty faithful and io, oat Tf the House could find all those men a it was for the House to decide, but he, for one, felt it would be an unforiunate . ree thing for the country if the House should pas gentiemen Bane ¢ resglui w under considera’ ir. Comin: Missouri, made an argument against the resoluti n° 1 ion. . A. Conn., next addressed the Hote. Hernia Weide facirsed to Took upon the report of the se! th lect comm! with respect. + ‘and he should give it his separ RET fe Weare to. the frat resofution, he woted from Oakes Ames’ letter to Mr. ‘MeComb and from fis testimony to show that the intent to influence mem- bers by distributing the Credit Mobilier stock was fully proved. Mr. Ames had again and again repeated on the ‘witness stand this same creed of his, saying, after all this exposition, after al! this shame brought on the House, {hot on him, that_he that @ Congressman has 4 RIGHT TO INVEST ANYWHERE and at all times in whatever be pleases. Mr. Ames in this had defied the true, high, moral sentiment of the country—the sentiment of Chevalier Bayard, of Dela- ware; Tt had been said that the House must not yield was an 1 which sympathy, Horred and defied the mob, but he respected bor The House must not, therefore, decid goon that ‘was 4 mere popnlar clamor, merely the voice of A HUNGRY AND SENSATIONAL PRESS. ith which the public clamored He admitted that the public ear was ab- le. He admitted for punishment. stunned and the public judgment confused by incessant cries, sometimes with reason and sometimes with none. But, on the other side, they were constrained by a warm for tes by their affections and respect for names honored in business and in politics. They must do as they knew best how between opposing infiu- ences, © press 9, all parties had not continued for months to deal in its strongest sarcasm, and sometimes. in its extravagant demands, without there being a public gentiment behind them. He hoped that whatever the oa would do the result would prove to the people CONGRESS WAS MASTER OF THE SITUATION, above all corporations, above all corrupting influences. He loved some ot men wi names were involved in this matter, but he had no friend whom he would not vote to censure or to expelif he had been found to have been tampering with the national honor, (Applause on oe floor and galleries). He saluted the Chevaller Bay- Mr. Cox, of New York, reminded Mr. Hawley that dur- ing the last election he had declared at a pubile meeting that there was no ownership of Credit Mobilier stock on the partof Senator Wilson, while the evidence now showed there had been, He would like to know how his ponte dhe friend from Connecticut came to make that Btatemen' . Mr Hawzny said that whatever he might think of th Prose of the question, he would answer it squarely. le had risen on the stage in Hartford, after half an hour’s conversation with Senator Wilson, ‘and he nad de- clared that gentleman to be, to the best of his belief and Knowledge, fnnocent of any’ complication whatever, di- rectly orindirectiy, and in the first flush of his indigna- nation he had defied the world to prove that he was so complicated. If the evidence since showed that he was mistaken it was not his fault, Ho had said what he be- lieved. Mr. Cox—aH right, Mr. Hawzxy stated In conclusion that he would VOTE POR THE EXPULSION OF OAKES AMES = ‘would vote as he thought proper on the next resolu- jon, Mr. Buatr, of Missouri, made # legal argument against the resolution. Mr. Rirouze, of Maryland, described himself as begirt by doubis on ail the points involved, and t Com GER, pat Michigan, assailed nh eta od iteart fo. ou jowers and lost sight of Gulien.” The committee, he eald, had been simply to inquire whether any member of House had _ be sand a most lame and impotent conclusion the committee had reported, that old Oakes Ames, by some certain process, was guilty of an intent to bribe somebody, the committee did ‘not know who. The House, at ten minutes past cleven o'clock, ad- journed, RAPID TRANSIT. ‘When We May Hope to Sce the New Gilbert Plan im Operation—Circular from the Managers—F'rom the Battcry to Harlem in Fifteen Minutes—A Part of the Road Promised to Be in Oper- ation by Next Winter. The managers of the Gilbert Elevated Rapid Transit scheme are out with a circular announc- ing to the public what they have done and what they propose to do. They speak of other fapid transit schemes, which, if favored, would probadly defeat this one, thus giving New York no rapid transit at all. They also refer to statements which have been made at public meetings, saying that they were to charge ten cents fare. This, the managers state, is partly untre, and that five cents will be the fare charged between the hours of five and eight o’clock in the morning and in the evening. They say that what the company most desire is that the Legislature and pubiic be correctiy iniormed of what is going on, 1m order that the company may have the couragement of the public in this great undertak- tug. ey then proceed to go into details, as fol- jows :— In the first place the route has been located by the Com- missionere—slgued and sworn to—one of whom the honorable Governor of the State. Plans hays one be strong. light, airy, no impediment to the streets ir wi Sart no obstruciion to the light of buiidings on stre« will not intertere with travel upon the streets or Upon the sidewalks, and wili be built so strong that trains can be run upom it with ertect safety at thirty miles an hour. Stations will be located every half mile upon the entire route, both chee i east side and west side of the fe The road wiil be uile entirely double track, so at trains passing larlem River upon the east side of the city irom High Bridge to Bowling Green will become up trains on the west side of the city, and down trains ‘upon the west side of the city will become up trains upon the east side of the city, following cach other rvals of about five minutes during the entire an cars as necessary to accommodate the public, tracts have already been entered into by the company with three of the best iron establishments of the country for the building of the first ten miles from Bowling Green to #ligh Bridge upon the west side, and it is intended as soon as this can be completed, or perhaps when well under way, to put the line on the west side under . contract construction in same wv % The spans of the structure are to be 66 teet in length and 64 feet in the clear, capable of sustain! of 40) tous to each 6 rr a 64 teet; the vieat Weight that can be placed upon cach span practically would be two thirty-ton locomotives,which would be sixty tons to the span, leaving a factor of safety over and above the weight that could be put upon the span of 340 tons. Every piece ot iron tbat is to go in the structure je to be tested up to 2000 pounds to tho square inch without setting; "It {s to be tosted up to 17,000 pounds to the square inch, and then be strnc with’ a heavy sledge hammer; is io be tested also 12.000 pounds to the square inch in tension and 8,000 pounds in compression; exch pin con- Nection is to be tested 8,000 pemnds to the square inch. Under contract any piece 0° iron not coming up to these tests without mye is to Le rejected. ‘The capital stock of thls coupany 1s already taken by about thirty of the most prominent capitalist id bus). w York. @ first live lions o1 the bonds have been negotiated each piece of fat iron h im London. The money is to be provided and placed iu New York in trust for the company within the Next uinety days, to be paid we to the company as rK progresses upon the line. ‘The subscriptions Roane. capital stock are all to be paid in ash at par, so that the company at the present time have their arrangements completed tor nearly eight million dollars toward the construction of the Arst ten miles of ‘oad, arid all to be In hand in about three or four months, ‘here are at preseut at work in the different manuiacto- ries about two thousand men preparing the iron and get- ting it ready for this structure. It is expected that the fron can be got ready tor at least five miles of the road by August or September, and for the ten miles by October or November, including the platforms and stairways, and everything complete. It will be so butit that it can be Py together rapidly, and can be put up at the rate of one- 1th to one-quarter of @ mile per day. BROOKLYN KAPLD TRANSIT. The First Instalment Paid in. The work upon the road for rapid transit ‘wilino doubt be commenced ima short time, as the 6,000 shares of the Steam Transit Company have all been taken up, and yesterday the rst in- stalment of ten cent en the shares was paid 4n at the Nassau National Bank. @ few of th Abraham Vanderveer oD Hi. B, Ciatin, ten per tent on. + 10,000 J, 8. T. Stranahan, ten per cen! 10100 N. D. Morgan, ten per ceni on. 10,000 Alexander M! White, ten per ¢ rey mas Barnes, ten per cent on. B00) A. 8. Barnes, ten per cent on 5,000 ‘W. 11, Taylor, ten per cent on. * J. R. Kennedy, ten per cent oa By W. & Dunn, tem per cent ot 000 W. M. Evaris, tem per cent o1 , Besides the above there was @ large number minor subscriptions paid in, THE JULY MURDER IN THE JERSEY Woops, Arrest of the Alleged Culprit, Yesterday there was secured in the Essex Coanty Jail, at Newark, one James Avery, a pedier, of Caldwell township, who is accused of being the murderer of one George Kohiman, whose” dead body was found last Julyin a wood in the above township, Where it had lain most bniree? for a ‘week or ten days, with two pistol buijet-noles in the head, An wt gg held at the time reswited in except that somebody had mur- Since then suspicions Avery as the murderer, Ho is gia to have becn jealous of the attentions ohlman paid Mrs. Avery. The latter has had a fearful quarrel with her husband, It ended in ear agd in her giving the aathorities such jormation agaiust her husband as they deem suitctent to Warrant the arrest, Avery is for the action of the Grand Jury. of Barfitel Simmons was went to Belleviie Hospital | aterday by Captain Tynan, of the hteenth Perey chert with lenrorrhage of the lungs, , jo was living at ‘he Putnam 3B vonue, When the THE COURTS. Further Testimony as.to Insanity---The Pris- oner’s Half-Sister‘on the Stand--A Scene in Court---Evidence of a Physician, EX-BOSS TWEED AGAIN. Four Indictments for Forgery—The Bol- lar Warrants—Tweed Gives Bail in $18,000—More Indictments to Oome. Daniel Drew and His Erie Speculations. ANICE FUGACIOUS CASE--A LAW PUZZLE. Libel Sujt Against a New York Spanish Editor. BUSINESS IN THE OTHER OOURTS. Further testimeny was given yesterday in the Scannell trial for the defenec. The plea of insanity is the one great object counsel secks to establish. One medical witness only was examined, Other professional men will be put on the stand to-day. The trial is an exceedingly slow and uninteresting one. It will occupy several days to come yet. Ex-Boss Tweed is again in arms against a sea of troubles, He appeared with his counsel yesterday in the Court of Oyer and Termincr, and gave bonds in $18,000 on four indicrments for forgery. Rumor has it that other indictments are pending. Under these circumstances his neglected Senatorial @uties, or what action the Senate in Albany may take hereancat, must sit very lightly upon his broad shoulders. In Part First of the General Sessions yesterday the jury convicted two men fora reckless use of the knife. Henry Meyer, who inflicted a number of wounds upon the hand andarm of John Dodd with @ sharp knife, Was found guilty and sentenced by Recorder Hackett to the State Prison for four years, His Honor remarking that, so far as the Court had the power, the unnecessary use of pistols and knives would be severely punished. Henry Schaffer was convicted of inflicting two stabs upon John Able—one in the abdomen and the other in the chest—which, fortunately, did not result fatally. He will be sentenced on Friday. A number of prisoners pleaded guilty to burglary and grand larceny, and were sent to the State Prison. Nicholas Berger, of West Houston and Green streets, was yesterday committed for examination by Commissioner Betts, ona charge of dealing in filty-cent counterfeit stamps. It is alleged that a considerable quantity of counterfeit money was found in the possession of the accused. Yesterday the suit of the United States vs. the Distillery im Rockland county known as New- man’s distillery, with land attached, was continued in the United States District Court before Judge Blatchford and a jury. The suit is brought to con- demn the distillery and the land, on the ground that tHicit distillation had been carried on there to @ considerable extent in fraud of the government. It seems that the owner of the distillery has disap- peared, and a legal point has been raised to the effect that, as the owner of the land was not owner of the distillery, and was not aware of the alleged illegal purpose for which the distillery had been used, the land cannot be confiscated. The case is stillon. It will be remembered that a criminal prosecution had been instituted against the fore- man of the distillery. A suit has been instituted In the Court of Com- mon Pleas against Daniel Drew, to compel him to pay $10,000, which, it is claimed, he agreed to pay for eertain information received in regard to al- leged forged certificates of Erie Railway stock placed in the European market, Mr, Drew denies ever having made any such agreement, As the case could not be finished on the short calender it was set down on the general calender, and it will probably come to trial some time next month. Another chapter has been added to the Villaverde- De Couto libel suit matter. Upon an allegation that the latter was preparing to leave the United States an order for his arrest has been granted by Judge Fancher, of the Supreme Court. This order ‘will doubticss lead to a thorough ventilation in the Courts of all the tacts in the case. Something more than an ordinary legal conun- drum was presented yesterday to Judge Harden, holding Supreme Court, Chambers. One Powers, it appears, is a fugitive from justice from Chicago, and since his arrival here has been arrested for playing the role ot pickpocket on one of our city car lines, The conundrum is whether he shall be kept here for trial or be sent back to Chicago to answer the prior offence. It is very likely a de- cision in the matter will be arrived at to-day, Application was made yesterday before the same Judge for the discharge of Maurice Jones, Charles Pryor and another party, arrested on @ charge of violating the lottery law in selling gift enterprise tickets at No. 656 Broadway. Their counsel claimed that as the concert tickets were sold and the lot- tery tiekets given away there was no violation of the law. Judge Harden regarded this too thin, and refused to grant the application. THE SCANNELL-DONOHOE TRIAL. Medical Testimony as to the Insanity of the Prisoner—Scannell’s Half Sister on the Stand—The Testimony Yesterday Unimportant. ‘The trial of John Scannell for the murder of Thomas Donohoe was resumed yesterday im the Court of Oyer and Terminer before Judge Brady. There was the usual attendance of spectators, and the order and quietness which have marked the whole course of the trial within the court room and its approaches prevailed. Several ladies were present yesterday, attracted by the unhealthy, morbid feeling, the consciousness of which detracts so much from their presence at such scene? and on such occasions. Dur- ing the eX@mination Miss Kittie Scannell, half iter to the prisoner, was put upon the stan@, In testifying to the affectionate and fatherly care which she said the prisoner ever evinced towards the family after their father’s death and the change which came over him after his brother's death, when he became morose and peevish to all, Miss Scannell burst into tears and was unable to Proceed. Scannell also was overcome and wept and sobbed. He was permitted to retire with one of his counsel for a short time. On his return into court the witness was no further interrogated and she withdrew, The first witness called was OTIS J. WILSON, who testified to many strange and eccentric acts on the part of-the prisoner prior to and subsequent to the shooting of Donohoe. Henry Hart, a barber, testified in relation to the question of insanity, that the prisoner one day came 1a for two shaves within a short time of eac! other; the witness belleved him insane. PRISONER'S HALF SISTER ON THE STAND. Miss Kittle Scannef, half sister of the prisoner, testified that ever since the death of her father, her brother, the prisoner, had been like a father so cone prior to the death of Florence he never to any of them, but wag always uni- form in hi Kinanese and good treat ; pre tt of the testimony of the wit: prisoner ‘rst into tears, and hig pte bo weeping, Which continued for some time, com- pietely interrupted the proceedings and excited era syiupathy among the audienes, The wife and rother of the prisoner Were also visibly affected, Counsel asked that the Prisoner be permitted to retire for @ little time to énabte him to reeover from what was evidently a nervous Drstario shoo which he was unable to ge our granted ab once, Mae of his counsel then withdrew, but in a few minutes a Court. The witness was not fursher exi 7 Dr. Oakland Payne, surgeon in charge of Bt. Ts jand char; Elizabeth Hospital. exammed by Mr. W. F. Howe, = has tne medical portion of the detence in ange risoner tor ma! previeus to risoner was in very shooting saw him at Belle ; time his manner was wild and excited and bis co! plexion was pale and huggard ; he then began to waste ai visibly, and be me irritable and in- coherent; Ihave irequently met him in the street at one and two o’clock in the morning, and asked him why he was not in bed; heanswered, “What is Ican’t sieep;”’ one day he accompanied me te St. Elizabeth Hospital, and while there he behaved very strangely, and said he saw his brother in every ; Irom his manner, appear- ance, acts and conversation I py te nim to be de- eldediy insane, and had told his friends soa hun- drea and recommended them to place him in ap asylum; thi» opinion was expressed fre- quently from the time Fiorence was shot to wituin a few monthea of the killing of Donohoe. By Mr. Phelps—In monomania the mind through its organ of brain is always diseased, yet this dis- eane, though always present, ts ouly manifested when the mind acts in a particular way, Q. What was the active principle of his mono- mania? A, The killing of his-brother, . In what way did his monomania develop or exhibit itself? A. In his manner, which it is aimost im) ble to explain; in his irritability, changes of sition, coarseness, sleeplessness, Which he never exhibited bejore the killing of his brother; a monomaniac could speak and converse on other subjects rationally. fendant’s counsel then put @ hypothetical question of great length—being a compendium ef the prisoner’s character before the shooting and death of Florence Scannell; Dig great love for his brother; tl he. ad previously shown to all the members of the famfly; his former hes and then his suddenly changed manuer and all the ‘ticulars and nts illustratin, ‘his subse- quent life up to the shooting of Donohoe—and then asked the witness if he believed from the recital that the prisoner was a mono the subject of bis brother’s death? I belteve he was insane. Edward Nixon McDonald, a fruit dealer, teati- fled:—Heard of the shooting of Donohoe which reguited in his death; saw Scannell ve or six days before that; conversed with about horses and stables; made a remark—asked him who kept Florence's stables; he turned ve! white and stared at me ina wild manner; he not answer me, Cross-examined—Talked with him about half an hour; he ran from one subject to told testifieds—. have been acquainted with the yt was physician to his fam- é Bhooting’ of ‘Florence Scannell and insane on Witness—Yes, another; him { wanted four horses; he said could pick them up easily; after I spoke to him about Flor- ence he stared at me for a few moments and then walked away; he did not come back; I thought his manner very strange; he appeared to me to be in- sane. The hour for adjournment having arrived, the case was then adjourned until this morning. THE RING FRAUDS. Tweed Gives Bail—Four Indictments Against the Ex-Boss—Bonds Entered Into to the Amount of 6§15,000—The Bollar Warrants. There was an interruption yesterday in the Court of Oyer and Terminer during the proceed- ings in the Scannell trial. It was occasioned by the appearance of ex-Boss Tweed and his counsel, who came prepared to give bail for Tweed’s ap- pearance on his approaching trial on four indict- ments, charging him with forgery. Beyond the mere interruption there was no excitement, and the periecting of the bonds and the appearance of Tweed himself and his retirement with lus triends Peat off very quietly. Tweed gave bonds on the four indictments tor forgery in connection with the Bollar warrants, ‘ Mr. Brendon became his bondsman. The amounts of bail fixed were $7,000 on one, $6,000 on another, ‘aus and $2,000 each on the other two cases, It is understood he will pe called upon in a day or so to give bail on twelve other indictments, ‘0 day has yet been fixed for trial on these in- dictments, DANIEL DREW AND HIS ERIE SPEC- ULATIONS, Alleged Forgery in Europe of Erie Cer- tificates and How Mr. Drew is Said to Have Reaped the Benefit of It= Suit to Compel Him to Pay $10,000 on Account of Benefits Received. In the latter part of last May Daniel Drew, the veteran Wall street “bear,” is sald to have haa on hand contracts to deliver 55,000 shares of Erie Rail- way at fifty-five percent. At this time the stock stood at seventy per cent, with—to borrow the ver- nacular of Wall street—a decided upward ten- dency. Matters looked squally for Mr. Drew, At this time D. Weymiss Jobson, as he avers, had an interview with Mr. Drew, and told him that for $10,000 he weuld lay before him important information, which, when its trathiulness was ex- tablished, would cause a great depreciation in Erte stock. z “What is your information?” asked Mr. Drew. “That Erie Railway certificates have been forged to a large extent in Kurope,” answered Mr. Jobson. “Prove this,” said Mr. Drew, “‘and you shall have $10,000.”” Jt will be understood that we are giving Mr. Jobson’s story. As the latter gentleman’s narra- tive continues, he at once communicated by cable With his various correspondents in London, Paris, Vienna, Berlin and otner leading citica in Europe; and the information he received was that not only such certificates had been forged, but a man, named Bertholf, had been arrested in Berne, Swit- zerland, charged with the. forgery. An extract from Douglas Jerrold’s Weekly was shown to Mr. Drew to this effect, and the fact published forth- with in most of the city papers. This announce- ment caused, 80 continues Mr, Jobson, an immediate decline in Erie from seventy to forty per cent, the Tesult of which was that Mr. Drew pocketed a good round sum in the shape of profits instead of eing & large loser, as he would have been other- wise. Mr. Jobson called on Mr. Drew for the romised $10,000, but the latter failed to see it, ough taken aback somewhat Mr. Jobson was not to be put off in this summary way, but at once in- stituted @Buit st Mr. Drew to compel fulfil- “ment of his contract. The case, the trial of which was ie on the short calendar upen the statement that it could be tried in an hour, came up for trial pret Judge J. ¥. Daly, of the Court of Common leas. Mr. Jobson’s counsel, in opening the case, elabo- rated the facts as stated above, and Mr. Jobson himself repeated the allegations in his testimony. Mr. Drew was called as a witness on his own be- half. He denied in toto having made any such con- tract as alleged, but stated that Mr. Jobson did cali on him several times and insistedon annoying him with various interviews. Before the testi- mony of Mr. Drew was concluded the prescribed time of an hour had elapsed, and the Judge or. dered his further examination to be discontinued and the case set down on the general calendar, which was done, Itis probable that the case will reach 4 trial next mon’ A NICE LEGAL POINT. Important Question as to a Fugitive from Justice=Priority of Crime as a Basis of Prosecution. James Powers, alias James Weed, not long since got into diMculty in Chicago, the nature of the diMculty being a trifling charge of felonious assault and battery and highway robbery combined. Powers, under these circumstances, deemed it ex- pedient, after procuring bail to answer this charge, to give the Garden City the cold shoulder. He came to New York; but his bondsmen, regarding the case shaky, concluded to follow, and s0, pro- curing @ bench warrant, pursued the fugitive. Powers had been arrested en this warrant by one of Pinkerton’s detectives, but learn! of the pursuit, called on a iceman, and desired to be taken before the Superintendent of Police, and this request ing complied with, he was taken by the order of the latter ofi- cial before Police Justice Ledwith. Meantime a charge had been preferred against him of playin, Fetal es pick} i toe on 4 Sixth Specter ant ng a OF A paasens ‘and the case had been taken before Judge Dorling, @ Warrant for his arrest having in the meanwhile been placea in the hands of Captain Byrne. The latter arrested hin upon this warrant, and yesterday, on a writ of habeas corpus procured by his counsel, Mr. William F. Howe, the prisoner was brought before Judge Harden, holding Supreme Court, Chambers, Ex-District Attorney Garvin Tens and from arrest and’ make an ‘order direoulg that hi 0 a © an order dire that he be taken back to Chicage His Honor opposed the application, on the ground that if such a course were to be taken it would be easy for any criminal to at once put himself under bali aud then hold that out as a prohibition against his arrest Jor any genuine crime. He asked if the ex-District Attorney would contend that a Judge of the Supreme Court had the power to dismiss the Warrant Of a magistrate without investigation ¢ Mr. Garvin claimed that the arrest in Chicago had priority over the arrest here. Judge Harden said that the point was an im- portant one, and ordered that the prisoner be re- Mmanded till further argumeyt could be had in the case to-lay, rae THE VILLAVERDE-DE COUTO DIF. FICULTY. oo Pains and Penalties of Espousing the Cause of the Cuban Pairiotse—A Libel Suit and How the Case Stands, Sefior José Ferrer de Couto, editor of Et Crontsta, the Spapiah organ of this city, has been subjecied to some farther legal proceedings in the libel suit instituted against him by Civilo Villaverde and hts wife, Emilie. The original litigation was begun in 1871. In that year Sefior Villaverde and wile came to this city as agents of the Ouban patriots. They brought contributions of jewels and plate of considerable amount, which were to be sold and the proceeds devoted to assisting a liberating ex- pedition then fitting out for Cuba. A short time afterward a leading article appeared in &l Cron charging an improper diversion of these inds. Shortly following the publica- tion of this article a suit was instituted against Sefior De Couto, claiming $10,000 damages, The defendant answered the complaint by attorney, and no order of arrest was issued or asked for. The case up to this time has not been reached on the calendar, {it being currently re- pected that Sefier De Couto designed embarking ior Spain, an order of arrest was granted by Judge Fancher, of the Supreme Court. This was executed and bail was furnished in $1,000. ‘The sureties are James Clyne, of Brooklyn, and Thomas Ritter, United States Revenue officer, 178 Second avenue. Seilor De Coute states that the article in question was writtea wholly without his procurement; that an individual cailed at his office after he had lett and when @ sub-editor was in charge, and that ho Was refused permission to insert an article written by himself, but the sub-editor prepared the article claimed to be libellous. He further avers that he would not have suffered it to appear if he had seen it, and was very much incensed when he read it next day, BUSINESS IN THE OTHER COURTS. a SUPREME COURT—GENERAL TERM. Question as to Whether a Lawyer is Guilty of Centempt of Court. Before Judges Ingraham, Fancher and Davis. After the hearing of the argument in this Court yesterday, in the suit of Ounsiey vs. The Vermont Copper Company, Judge Davis asked Mr. John Flanders, one of the counsel, i he had written a letter to Judge Ingraham iu regard to the case, “4 did write a letter,” promptly amswered the counsel. “Well, that letter,” pursued Judge Davis, “the Chief Justice considers not only an insult to him- self, but the other members of the Court consider it an insult to them.” Mr. Clark, the clerk, was directed to issue an order to show cause why Mr, Flanders should not be punishea for contempt in writing tne letter. This letter was one finding fault with his case being dropped from the calendar, afid character- ized sach course as “a personal outrage.’’? On the hearing upon the order to show cause, the facts in the case will probably be alt developed. SUPREME COURT—CHAMBERS. Decisions. By Judge Harden. Frances Honsbow va. Charles Honsbow.—Report of eeibiae confirmed and judgment of divorce rs k Blam, Jr, et al. va, Northern Transportation Company.—See decision. SUPERIOR COURT—SPECIAL TEAM. Decisions. By Judge Freedman. Herman va. Simon.—Motion granted. White vs. Talmage.—Order granted. Vender Minden vs. Elsas.—Motion denied. Larned vs. Mead.—Order granted, Myers vs. Stevens.—Same. The People in the Relation of Emanuel Myer vs. Louis Hartman.—Same. Simon vs. Levy: Lecompt va. Malp COURT OF COMMON PLEAS—TRIAL TERM—PART |, Damages for Falling Down. Before Judge J. F. Daly. Charles Hoffman, in October, 1870, called at the pork packing estabtishment of Link Brothers, on Hudson street, to negotiate for the purchase of some pigs’ heads. In the rear of the store was an elevator, with uo railing or other guard about the opening. and it being rather dark, Mr. Hoffman did not see it, and fell through to the floor below, injuring a leg, and also receiving severe internal injuries, Suit was brought in this Court for $5,000 damages. The case was tried yesterday and re- sulted in a verdict of $1,000 for the plaintim, COURT OF CCMMON PLEAS—TRIAL TERM—PART 2. A Savings Bank in Court. Before Judge Loew, George Owens had $140 on deposit in the Green. wich Savings Bank. After the deposit he had a shock of paralysis, and on calling for his money and pregenting his pass book, as he could not make an intelligible explanation and %s signature was not the same as before, the bank would not give him his money. Owens accordingly instituted suit for the money, and the same came up for trial hing ehh im this Court, resulting in a verdict in is lavor. eC. —Motion granted. MARINE COURT—GENERAL TERM, Present, Chief Justice Shea and Judges Gross and Joachimsen, William M. Jester vs. Ephraim K. Abrams.—A motion was made in this action yesterday morning to punish James O'Hara, the city marshal attached to this Court, for gross misconduct in the execn- tion of his oMicial duty? It appeared that on the 6th of January last the plaiutiif recovered judg- ment against the defendant, and on the same day placed an execution in the hands of O'Hara for the collection of ataount, due on rent, and on which a judgment was issued. The marshal levied upon aud removed sufficient property to satisfy the exe- cution. On the 13th of January last the marshal told the plaintiffs attorney that the property would be sold the next day. Subsequently it appeared that on the day named he returned the property levicd upon to the defendant. It was charged by the plaintiff's attorney that the defendant had bribed the marsha! to return the de hd and that the act of the marshal was corrupt and fraudulent, and that the plaintiff by his misconduct had been greatly damaged. Affidavits were read on behalf of the marshal denying the misconduct charged against him. Tne Court said that in consequence o! the numerous complaints against the city mar- shais in this city, it would refer this matter to J. Howard Wood, the deputy clerk of the Court, to take the testimony relative to the matter, Judge Howland Sworn Into Office. After the General Term had concluded the busi- ness on the docket Henry £. Howland, the newly- appointed Judge of the Marine Court to fii the vacancy caused by the death of Judge Tracy, was sworn into oMice before the fall bench, Chief Jus- tice Shea administering the oata. Judge Howland was warmly greeted by his new fellow judges, and he as Warmly responded to their congratulations, The number ype, be is again complete, and there is work for . The only drawback to an effi- cient application and discharge of the duties beiore them lies in the want of proper accommodation. ‘The judges of this branch of the judicature of the city are certainly cabined, cribbed and confined for want of room to hold their courts. In a few days there will be judges holding four paris or branches of the Court besides General Term. To meet the ess of business on the various calendars some immediate steps stiould be taken to give the judges mire desirable room and accommodation. COURT OF GENERAL SESSIONS—PART |. A Tenement House Quarrel—An Irishman Stabbed by a German—The Teuton Sent to Sing Sing Prison for Four Years, Before Recorder Hackett. After the transaction of considerable routine business yesterday a jury was sworn to try Henry Meyer, who was charged with felonious assault and battery. The complainant, Joan Dodd, swore that on the 3ist of May last the defendant, without any provocation, cut him in the hand and arms with a knife. It appeared, from the testimony adduced on both sides, that Dodd, an Irishman, and Meyer, a German, lived on different floors of 4 tenement house in bast Thirty-second street with their fami- lies, and that @ di belonging to Meyer used to frignten Doda’s children. Upon the day in ques- tion Mrs. Dodd threw @ little piece of wood at the animal to allow her little girl to pass down stairs without being molested, whereupon Meyer visited her apartments and commenced to beat her, The children screamed, which attracted the attention of their father, who was in the basement. While he was ascending the stairs Meyer met and stabbed him in the arm, inficting severe, but not dangerous wounds. According to the prisoner's version of the afiair Dodd and his wile attacked him with clubs and beat him on the head, and that he used the knife to defend himself, This testimony was not corroborated, whereas the story of the other side of the house was confirmed by the evidence of the policeman. The jury rendered a verdict of guilty of an assault with a dangerous weapon with intent to do bodily harm, His Honor the Recorder, in passing sentence, said that the reckless use of dangerous weapons must be stopped, and that, so far as he had the power, he would do so, Meyer was sentenced to the State Prison for the period of four years. Another Stabbing Case. As soon as this © Was disposed of Assistant Disirict Attornéy Russell presented another case of stabving to the consideration of the jury. The accused was Henry Schaffer, who was charged with stabbing John Abie, on the 19th of August, with a shoemaker's knife, The testimony showed that the grisonet and his wife went to the apartments of ble, at the corner of Fifteenth street and avenue B, on the day in question to demand the return of @ Cop and saucer Which they Charged Abie’a WHE with stealing. Schaffer remainéd on the sidewalk while his wife was up stairs, and as he stood there Able came along and ordered nim away, using Opprobrious epithets. The complainant sak that thereupon Schaffer drew out a knife and Staobed him in the abdomen and near the heart. The wounds were 80 severe that he was confined in the hospital over a month. Schaffer claimed that Able had threatened ten days defore to kill him, and that on this occasion the complainant struck him first. The jury rendered a verdict of uiity Of an assault with intent to do bodily harm, haifer was remanded for sentence. A Batch of Prisoners Sent to the State Prison Upon Pleas of Guilty of Burg- lary and Larceny. Isaac Brinckerhoff pleaded guilty to burglary in the third degree, he having on the 4th of May last entered the restaurant of William Rogers, No. 534 Broome street, with a false key, and stolen a clock worth $8, James Beatty, who was indicted for petty larceny from the person, also confessed his guilt. On the 15th of February the prisoner took $7 60 out of the Pecket of the complainant in a saloon at the corner of Oliver and Chatham streets. Brinckerhoff and Beatty were each sent to the State Prison fer four years and six months, William Green, who was charged with having, on the 28th or May, 1572, stolen a pocketbook contain- ing $25 from the person of Henry J. Mabbett on the Platform of a car of the Belt Rallroad, pleaded guilty. He was sent to the State Prison for three years and six months. Thomas Devine, against whom an indictment for burglary in the third degree was found, pleaded gus to an attempt. The clothing store of Hall & rummell, 619 Broadway, was burglariously en- tered and three coats Worth $70 stolen, one of Which was found in the possession of the prisoner by an oftcer, David Buckley pleaded guilty to a similar crime, he Paving. been jointly indicted with David Murphy for breaking into the feed store of Nelson Under- Wood, 666 Third avenue, on the 1ith of September, 1868, and stealing two dollars in copper coin. James Campbell and John Kelly, Who, on the 11th inst., stole a case of boots valued at $50, the prop- erty of George W. Nicholson, pleaded guilty to an attempt at grand larceny, Samuel Williamson, charged with stealing, on the 16th of this month, a pocketbook containing $31 from the pocket of Bridget Durnin’s dress, in St. Peter's church, also pleaded guilty to an attempt. It seems that he immediately repented of his deed, and returned the money. He ran out of the church and was captured. These prisoners were cach sent to the State Prison for two years and six months. Michael Quinn pleaded guilty to an attempt to commit burglary in the third degree, the indict- ment charging that on the 29th of January he en- deavored to break into the premises of James Somerville, in Eighty-sixth street, The sentence Was State Prison one year. Francis Johnson, a colored boy, pleaded guilty to stealing $60 worth of jewelry from Margaret K. Carrier, As the prisoner was uader sixteen years of age the Court sent him to tie House of Reluge.. COURT OF GENERAL SESSIONS—PART 2. The “Dummy Laborer” Case—The Pris omer Convicted=Kemanded for tence, Before Judge Sutherland. The case of Patrick Carroll was resumed yester- day morning. The jury having taken their seats the defence called thelr witnesses; these were only two in number, John and Ellas 0. Noe; the first the general superintendent, and the latter one of the foremen on the “big pipe works.’’ The testi- mony of the former was to the eifect that trey had seen Carroll at work, but they could not swear positively that he had been ali the time at work and had honestly earned the $27 which ne had at- tempted to get by representing himseif as Patrick Burns. John Noe was also forced to state in cross- examination, that he had advanced $400 as security for bondsmen for the prisoners, though he ex- pressly denied having any special interest in the case, The counsel for both sides then summed up, As- sistant District Attorney Rollins laying stress upon the importance of the issue involved, ‘The Court then charged, and the jury returned a verdict of guilty. he prisoner was remanded for senvence. Henry Wagner, indicted for burglary, was found guilty of petty larceny, ana was sentenced to six months’ imprisonment in the Penitentiary. COURT OF SPECIAL SESSIOKS. Arraignment of the Cock Fighters— Bergh’s Appeal, Before Judges Shandley, Coulter and Cox, Charles E. Carman, 230 West Forty-seventh street, and John Feitner were brought before the Court of Special Sessions yesterday to be tried for the crime of aidimg and abetting in a cock fight, Mr. Carman, who is a very respectable-looking gen- tleman, was placed at the bar. Mr. Henry Bergh appeared in person. He stated to the Court that he had notified the District Attorney and expected bim to be present; but as he was not there he asked permission to conduct the case for the prosecution, The permission was granted. Mr. Bergh—This gentleman was arrested last Friday night, at the stables Forty-ninth street and Broadway, where he keeps a cock pit. I know him very well, and I knew his father before him, He is an intelligent man, and because he is an intelli- gent inan I wish the Court to make his sentence as severe as possible. He knows what he ts doing, and I would like to make him feel the power of the law— what it is to be gulity of such inhuman and barbarous practices. A man like him ought to be punished more severely than Kit Burns, who knew no better. Itis an outrage upon the community of New York that such men as he should be allowed to go free. Alter delivering this tremendous philippic Mr. Bergh, whose whole frame had been worked up like the frenzy of a Bowery tragedian, resumed his seat. Then the athletic form of Counsellor Price aiose. Mr. Price contended that it was not a pub- lic exhibition; that the cocks were raised by de- fendant and fought in his private stable. Mr. Carman settled the dispute very pings “i pleading guilty. The Court fined him $60, whic’ was cheerfully paid, and Mr. Carman went on his way rejoicing. John Feitner was then arraigned, Re had been arrested ip the same place and on the same night. Alonzo F. Evans and J. Hartfield, two of Mr. Bergh’s aids, both testified to being on the premi- ses and seeing some dead birds lymg around, but they did not witness any fight, but saw the defend- ant sitting on @ coup with a dead bird between his legs from which he was taking the s!eei gafms, Tgeant Nugent Miller, who arrested them, was cuiled to the stand and was asked did he see the fight. He replied in the negative, and as there was no mae one the prisoner tne Gourt ordered an acquittal. ‘A dilapidated looking Individual named Thom: Puggs, was then arranged for stealing seven he: rings from a grocery store in Division street. ‘I! value of the herrings was put at seven cents. Judge Shandley to Puggs—How long have you been locked up? rth ppt days, sir. Judge Shand tsa day for each herring. You are di SEFFERSON MARKET POLICE COUAT. A Youthfal Criminal. Frederic Durr, a boy of thirteen, living at Grand street, was brought before Justice Cox, charged with haying run off with a horse, harness, buggy and buffalo robe, valued at $375 in all, the pro erty of Nathaniel M. Freeman, of 153 East highty-sixth street. The youthful delinquent ad- mitted his hyo was locked up for trial in default of $1,000 bail. Grand Lareeniecs, Thomas Reilly, of 18 West Forty-fourth street, a coachman, was brought before Justice Cox, charged with the larceny of a fur collar and pair of cloth pantaloons, portion of the livery supplied to bis servants by jas Clement Campbell, of 105 Weat Forty-ninti et. The prisoner stated that the property in question was purchased by him- self, but he was, nevertheless, held for trial at Gen- eral Sessions. Jane Curberg was charged with the jezemny ofa large quantity of wearing apparel, valued at $ the property of Mrs, Clara Devereaux, of Noe 78 East Tenth street. jauze vell, portion of the missing property, was found in the prisoner's ager She was held for trial in detault of all, COURT CALENBARS—THIS DAY, SUPREME CouRT—CixcUIT—Part 2—Held by Judge Barrett.—Case on. SUPREME COURT—SPRCIAL TeRM—Held by Judge eee areees OF My and fact—Nos, 189, 248, , 180, 211, Dy 202, 218, 221, 2 auf, 282, 228, aa7, vai.’ 7 7H 29% 218 Aly 2a, Supreme Court—CuaMpErs—Held & Jud; }, 14, 177, Harden.—Nos. 45, 63, 64, 65, 66, 68, 119, 191, 197, 199, 216, 217." Call, 234, Court oF COMMON PLEAS—TRIAL TERM—Part 1—Heid by Judge Loew.—Nos, 1598, 303, 1850, 1866, 1965, 1256, 1012, 1964, 2006, 2007, '2008,' 2010, 20) 212, 2013, Part 2—Held’ by Judge J, F. Daly.— Nos, 1767, 1768, 198%, 1957, 1917, 1923, 1904, 1905, 1997, 1998, 2000, '2001, 2003, 2004, 2005. Court oF ComMoN PLeas—EquiTy Texs—Held by Judge U, P. Daly.—Nos. 10, 53, BROOKLYN COURTS, UNITED STATES CIRCUIT COURT, Decisions rday. By Judge Woodrum. William Dix et al. va, The Steamship M. M. Cobet, &o—A yelraipesy: or introductory order in conformity with directions may be entered, J. M. Marcaissen vs. The Steamst'p Westphalia, &c.—The libellant has @ Glam for damages with conts of appeal. The Phous Inawragce Company ys, The Steam. 5. boat Atlas, &c.—Award for the fibellants one naif the Gamage Ie orted. No costs, Thomas dgon et al. vs. The Brig Anna, &¢,—~ peeree for Ubellants, with sums awarded, wity costs. George 8, Townsend, respondent, vs. The Bark Johannes, &c.—Decree for libeliant, with costs, The Narragansett Steamship Company, appellant, vs. The Steamboat Narragansett.—Libe! dismissed, With costa, Peter Lyman vs. The Steamboat John L. Has brouck.—Livel dismissed, with costs. James McKeag, appellant, vs. The Steamtug Aimerica,—Libel dismissed, with costs, SUPREME COURT—SPECIAL TEAM. Frederick Griffing’s Protege. Before Judge Pratt. It willbe remembered that an application was made by Rev. Jacob Thomas, pastor of a colored church in New York, for the custody of the octo- roon, Kitty King, who ts now living as the adopted daughter of Mr. Frederick Grifing, a wealthy cot- ton merchant, in Brooklyn. Mr. Grifing, eight years ago, got the girl from her mother in Ala bama, and brought her on North, agreeing to edu- cate and take care of her, which was done. Having no children himself he gave her the name of Eva Griffing, and she was always treated as a daughter, Mr. Thomas claims to be proceeding by virtue of a power ol attorney from the girl’s mother, A tew days since the case was referred to Lawyer D. B. Thompson, who was instructed to ascertain and report whether Eva was illegally detained or restrained of her liberty. Yesterds ir. Thompson made his report to the Court, giving it as his opinion, that the writ of habeas corpus should be dismissed, and thereby deciding that the custody of tp child belongs te Mr. Griffing. In concludi his “opinion” Mr. Thompson says:—“The questi then arises, is it for the welfare and the interests of the child that it shall be taken from the custedy of Grifting and given over to the mother in Alabama? And here the fact tnat the mother is ignorant and poor has no weight whatever. lt may be thas the child will be better provided for, and better educated by others than the mother, but no matter how destitute and ignorant that mother may be, not the wealthiest and best i9an in the world can keep her child from her by his assurance merely that he will give her better treatment, clothing and education tham she could have with her hatural Rrergian. But it appears in this case that the child 18 the illegitimate offspring of a white man and colored woman; that at the time the mother gave her away she had little or no natural affection for her, and expressed a desire that she might never see her again, Her reputae tion for chastity was then bad, and there is no evi- dence to show that she has since reformed. It might be the ruin of the moral welfare and the best interests of the child for her to be remande to the custody of her mother. The child 18 0: sufficient age and intelligence to indicate her de- sire, and her inclination is to remain with the re- spondent. Iam, therelore, ofthe opinion that the writ should be dismissed.”” In her testimony before the referee Eva satd that her mother told her that her lather was ‘a white entleman,’? and that when she went away with ir. Grifing her mother also expressed a desire never to see her again, Alleged Fraudulent Railroad Estimate. Before Judge Tappen, Elnathan Sweet, Jr., and others are suing the Northern Pacific Railroad Company and Henry Ri Payson and others, contractors. The plaintitts, ag sub-contractors, contracted with Payson and others for the preparation of the road bed of the Dakota division, about 116 miles in length, and completed the work, Some of plaintit’s associates settled with Payson on estimates by the sub-engineers, and reported to the chief en- gineer. The balance of the Sweet party rotested and brought this sult to set aside his settlement, charging that the work was fraudulently under-estimated to the amount of almost one hundreu thousand dollars. Plaintits asked for an injunction yesterday to restrain the railroad company from paying any money under the alleged frandulent estimate, The defendants deny any collusion or fraud, Tne Court reserved decision. Decisions. By Judge Pratt, ¥ J. A. Ruthven vs. Ann Gardn Default opened on stipulation, &c. A. Hart vs, A, G. Wheeler.—Motion to set aside report of referee denied. i. L. Sanderson vs. H.C. Bowen et al.—Motion to disiniss as to all parties granted, No costs, T. Gleman vs. I’, Vunn.—Default opened on pays ment of costs. O. B. Daly vs. J. B. Daly.—See decision in papers. M. D. Lent vs. Kh. A. Dinham.—Motion granted so as to discharge lis pendens denied as to allowance. No costs. COURT OF APPEALS. Decisions. ALBANY, N. Y., Feb, 25, 1873, The following decisions of the Court of Appeals were made to-day :— Judgments affirmed, with costs—Wheeler va, Houston, Houston vs. Wheeler, Jaegar vs. Kelly, Roberts va, Berdell. Judgments aifirmed—Watson vs. The People, Miller vs. The People. Judgments reversed and new trial granted, costa to abide events—Hogan vs. City of Brooklyn, Knowlton vs. Fitch. Judgment of Supreme Court and order of County Judge reversed and proceedings dismissed—The People ex rel. Irwin vs. Sawyer. Order granting new trial reversed and judgment at Special Term affirmed, with costs—Meehan va Forrester. Appeal from order dismissed, with costs— Roberts vs. Berdell. Motion granted and cause remanded from Com- missioners of Appeals into this Court—Hubbell va. Moulson. Court of Appeals Calendar. The following is the Court of Appeals day cal- endar for February 26:—Nos. 632, 47, 610, 640, 641, 656, 23 and 112. POSTER AND STOKES. The Sheriff Formally Served with Judge Davis Stay of Proceedings—Foster Watched Night and Day. Up to twelve o’clock yesterday the Sheriff had re. ceived no official intimation of the stay of proceed. ings in the case of Edward 8. Stokes. According to rule the Sheriff can take no cognizance of any Tumor that @ stay has been granted, except it ia reported to him in person according to the legal requirements, The under Sheriffs, who had charge of the prisoner, were notified of the stay almost as soon as it was granted; but the Sheriff, the proper person to apprise of the fact, up to the last moment Was not notified, Yesteraay Mr. Dos Passes, ot counsel for Stokes, called at the Sheriff's office and served the necessary notice, and Stokes is now saved from the consequences of the omission, which might have proved fatal if it had not bee! rectified. On Monday Pepacy Sheriff Joel M. Stevens made out the invitations to the Judges, as required by law, to be present at the execution. FOSTER, On yesterday Deputy Sheriffs Seebacher and Hanbury assumed charge of William Foster, who in the Tombs awaits the extreme penalty of the law, which ts to be inflicted on March 7, Orders have been issued bythe Sheriff that one or other of them shall be in constant attendance upon the condemned man until the morning of the execu- tion, each to remain on watch twelve hours out ofthe twenty-iour. The petition for a commuta- tion of the death sentence has been extensively signed, and will shortly be presented to the Governor. THE JEROME PARK GUN CLUB, The Jerome Park Gun Ctub met yesterday noon at Delmonico’s, in Beaver street. A large number of gentlemen were present who are interested in the sport of pigeon ghooting. The reportof the Secretary and Treasurer of the club, Mr Howard 8. Jaffray, giving the financial account of the club, ‘Was read and the result is as follows:— DISBURSEMENTS. Op Express on birds to Jerome Park. Stee: Messrs. Ackerman & Gree: P, Mahoney, pigeon house ON COOPS, KC... James Cole, painting traps, &c. 8. Knapp, rent of Bertholf’s fleid. Balance in hands of Treasurer. Total... +++. Balance handed me by Annual dues tor 1472. Annual dues aud init “40D IN THE CONSTITUTION,” The programme for the National Convention in favor of the religious amendment of the United States constitution at the Cooper Institute to-day, embraces addresses by the following gentlemen :— In the aiternoon the Hon. F. R, Brand, Dr. 6. Cra- ven, Professor J. R. W. Sloane and the General Secretary of the National Association, lu tue evening, Professor J. H. Melivaine, President A. A. Miner, Dr. Stephen Hy ayng and President Geor P. Hays will speak. Additional addresses will delivered to-morrow—-morning,. afternoon am evening. Itis expected that tue Conveution will be largely attended the clergy and laymen of the different evangel denominations im tho United States, verseueet’ dene ell tm OOLFAX’S BONDS RECOVERED, BaLtrMone, Pod. 25, 1878, ‘the, bonds of which, Vioo President Colfax wag Yobbed In Washington on Saturday Were recovered AB Wale ty Uk Maple,”