The New York Herald Newspaper, March 1, 1873, Page 11

NEW YORK HERALD, SATURDAY, MARCH 1, 1873—TRIPLE SHERT. THE COURTS. ——————— THE SCANNELL-DONOHOE TRIAL. Medical Testimony Long Drawn Out—Dr. Echeverria’s Continued Examination Occupies a Whole Session of the Gourt—The Defence Virtually Closed. ESTATE OF REV. DR. GRAY. A Former Actress Laying Claim to Part of Tt, and the Grounds of the Claim— Trial of the Case and the In- teresting Facts Developed. BUSINESS IN THE OTHER COURTS. ‘The trial of Joun Scannell in the Conrt of Oyer and Terminer, for the shooting of Thomas Donohoe, was resumed yesterday. The only witness ex- amined was the medical expert who was called the previous day for the defence. His examination vecupied the whole of the session. At the close prisoner's counsel intimated that the defence would rest. The jury were permitted to go to their homes over the adjournment till Monday morning unattended by court officers, Judge Brady stating that he had all confidence in their sense of duty to themselves, to the Court, to justice and to the people at large to justifying him in permitting them to go to their homes, The new trial growing out of a second codicil to the will of the widow of Rey. Dr. Gray, and which 1t is attempted to set aside, was concluded yester- day belore Judge Barrett, holding Supreme Court, Olreuit, A former actress is the leading claimant, The full particulars will be found in the repert in our jaw columns. At the time of the adjournment bf the Court the jury had not agreed upon a verdict and they were ordered to pring in a sealed verdict, which will be made known this morging. An effectual crusade seems to have been insti- tuted against referees’ bills. In Supreme Court Chambers, yesterday, Judge Harden ordered a re- feree’s bill, amounting to $1,320, to be cut down to $250, The February term of the General Sessions was concluded yesterday. While the two branches of this Court were in session during the month the unprecedentedly Jarge number of 200 prisoners were disposed of, which shows that the prosecut- ing Officers and Recorder Hackett and Judge Suth- erand have been eficient in the discharge of their reapective duties, Simon Donau, who had been arrested on a bench warrant and charged with having been concerned in the manufacture of illicit whiskey at Newman’s distillery, Spring Valley, Rockland county, had his Dail reduced yesterday by Judge Blatchford from $25,000 to $16,000. Nicholas Berger was yesterday held by Commis- sioner Betts to await the action of the Grand Jury on a charge of having been concerned in the sale of counterfeit currency. Joseph Perry, who was arrested at the Five Potnts, in this city, at a Jate hour on Thursday evening by Deputy Marshal Bernard, ona charge of having committed perjury as a witness on behaif of the plaintiif in the now celebrated case of George W. Bowen vs. Nelson Chase, will be ex- amined to-day before Commissioner Shields. It is expected that some interesting and astonishing disclosures will be made—that we shall have an- other novel chapter in the history of the great Jamel suit. Thomas Embre, a colored cook, whe had been charged with insubordination on board the Ameri- can bark Agnes was yesterday discharged by Com- missioner Osborn. United States District Attorney Bliss states, in reference to the case of Jackson and Polhamus, who had been indicted jointiy with Paymaster Hodge for embezziing $300,000, the property of the govern- mert, that he has received instructions from the Attorney General to enter a nolle prosequi in the case of Poilhamus and Jackson, as it had been held that the law under which they had been indicted, applied only to officers of the Unitea States. Whether they can be indicted under any other law for the offence alleged against them is a matter the District Attorney has not yet examined, JHE SCANNELL-DONOHOE TRIAL, patiuic ant Eks ‘Another Day of Medical Testimony— The Defenco Closed. ‘The trial of John Scannell was resumed yesterday morning in the Court of Oyer and Terminer, Dr. Echeverria, the medical expert called and examined for the defence, was again on the stand, the only witness who testified yesterday. The doctor’s examination occupied the whole of the day, and for some time beyond the usual hour of adjournment, There was nothing new elicited in the protracted cress-examination question, and answer bemg a recapitulation ora “ringing the changes” in the testimony given in the direct testimony, At the close Mr. Beach stated to the Bench that it was most probable the defence would rest with the testimony given for the defence. He did not wish to formally close the case, but it was likely no other witnesses would be called jor the defence. DR. ECHEVERRTA RECALLED, The witness further testified :—Lunatics, he said, very generaily had vivid recollections of transac- tions, dates, &c.;a man may labor under a hal- lucination and still be asane man; Dr. Jolnson labored under the hallucination that his mother was dead, when he snould have known she was alive; Michael Angelo, while building the Vatican, would stand looking upward for hours, and would fancy he saw his work completed; great painters have been known to stand with folded arms gazing for hours on their blank canvas, and would imagine they saw the picture completed ; 4s could not be decided from puysical appear- ance Whether @ man Was Fane oF not; in some cases there are very promi t symptoms, but in others no physical manifes' 8; there are no certain symptoms of melancholii may be intensified by circumstances, such, for instance, in the case or the prisoner; it was during the excitement of an election campaign that his brother was shot, and it Was natural that at every election his mama should intensify, and it was shown that such was actually the case; the fact that the prisoner shot Donohee at election time, with such a pistol, and fired four or fivo shots, when the first was instantancously fatal, was a pretty certain sign of the prisoner's insanity at the time; physical signs of insanity are not conclusive evidence of the mental unsoundness of the person; | they are only adjuncts which assist in arriving at a correct diaguosis; physical symptoms per se indi- cate nothing. The witness was cross-examined by District At- torney Puelps—The predisposing causes of in- sanity are general and individual; the general are such a8 civilization, excitement, religioua and po- tical; temperature, change ol seasons, &c.; indi- vidual cases are such as intense grief, anger, powerlul emotion, or any specific reason; mervous and emotional temperaments predispose a person to insanity; grief will cause melancholia, in which there is bop @ depression an a@ morbid apprehension that something dread- fal is going tohappen te him, such as to die a horrible death, be ‘ost forever; the appearance of the exciting canse of melanchola will always stimulate the patient's morbid impulse, which may manifest itself im homicidal or sut- cidal impulse; the homicidal impulse may be directed’ against an individual, er may not; he cannot decide or control himeeli; he operates with- out the exercise of his own will; the absence of hysieal indications of mental disease would not Indicate sanity; did not think any physician could ase (rom @ short exami- Hor room whether he sidered it much easier fairiy decide in a dubious ¢ nation of a person ina ce! was sane or not; he con: generally to tell men who were insane thom men who were strictly sane; in four cases out of five there isno change in the eyes of persons omictod with melancholia; the general physical signs of Melancholia ave @ glassy, pearly expression of the eye, pulled lips, peaked nose, soll, fushed face And stupid Jook, but from these he would not predicate that the person bearing these symptoms had melancholia tnless they were accompanied by mental manifestations, nor woul! he gay the absence of these symptoms indicated the absence of mejaucholy; it Would be necessary to inquire into the antecedents of a person to KnOW if he were insane at the time he committed a cer- tain ouence, ori he affected inganity alverwards mental disease | the day after the jury had 3 he Thade ho physical examination of the prisoner; I was present when the prisoner was mm the court room on the first occasion of his sister being examined, but having made no examination of him could not characterize his conduct on that oceasion as indicating sanity or insanity. Jn answer to Mr. Beach witness said that he was discharged from his office in Ward’s Island Insane Asylum because he was opposed to the mismanage- ment of that institution, and had endeavored to bring to justice the keepers who had ill-treated turee of the patients, Q. From what you say, then, you think that the prisoner is @ very proper person for the lunatic asylum? 1 do; 1 believe that he was so imbued with the insane desire to commit the act which he did that he could not overcome or counteract Mt ‘This closed the examination of the witness, Mr. Beach said the defence would likely rest here. The Court permitted the jurors to go to their homes unattended till Monday next, but impressed upon them the responsibility they owed to the Court, te the prisoner, to justice and to the whole com- munity that they should not converse among them. selves or with their triends upon the proceedings; that they should not read the reports of the case in the papers, but that they should keep their minds tree trom all outside influences and impressions. The Court then adjourned till Monday, REV. DR. GRAY’S ESTATE. How He Disposed of His Property and the Various Contingencies Upom Which the Disposal was Made—A Codicil to His Widow's WilljA Former Actress in the Case—Retrial of Issues of Fact. Large numbers still living in this city remember Rev, Dr. Gray, the first pastor of the Allen street Presbyterian church. This event runs back forty years ago. He died in 1856, the closing years of his life being, however, employed as tract missionary in the Fifteenth ward. He left a widow and two sons, One of these sons, Dr. Henry M. Gray, become a prominent physician in Califernia, and the other, Dr. William M., pur- sued the same profession in this city. His real es- tate, consisting of Nos. 101 and 103 West Eleventh street, he gave to his wile during her liletime, PROVISIONS OF 118 WILL. He provided in his will that in case of the death of his two sens before the death of his widow that his estate should be converted into money by the sale of the real estate and other wi enn and that one-fourth of it should go to the American Bible Society and one-fourth to the American Coloniza- tion Society, and the other half to whom his widow should by her will appoint. Both sons died betore Mrs. Gray, who made her will in December, 1869, by which she appointed John Crolius gnd Sarah Star! executor and executrix and trustees, In January, 1870, she executed a codicil to her will, by which she undertook to devise one of the two houses to Sarah Stark. In February, 1871, she executed a second codicil, remeving Sarah Stark as executrix, and revoked the devise to her of the house. The Surrogate, on trial betore him, rejected the last codicil and admitted the first codicil to probate. ‘The General Term, on appeal, sent the case to a jury to determine as to the mental capatity of Mrs, Gray at the execution of the second codicil, and whether either of the codicils were procured by fraud or un- due influence. Tne case, which has ‘been on trial before Mr, Justice Barrett, at Supreme Court, Cir- cuit, for two weeks, was concluded yesterday. It appeared from the testimony that Dr, William M. Gray aud SARAH STARK had been engaged to be married for several years previous to his death, but that the marriage was postponed on account of his ill-health, While, as stated above, many will remember Rey. Dr. Gray, very many more willremember Mrs, Stark, tie quondam actress, She was first married to Kirby, the well Known actor of the American flag mem- ory, and an account of whose tragic weudo-death, fier patriotically enveloping himself in the American ensign, end a gen- eral desire to witness such death, originated the memorable remark, ‘Wake me up when Kirby dies.” Subsequent to Mr. Kirby's death—that is, nis real death—she married the acvor, Mr, Stark, and was the latter's widow at the time of her marriage engagement to Dr. Gray. By the Doctor's will she Was lett quite an estate, and alter his death con- tinued to live with and take care of Mrs, Gray up to April, 1870. Mrs. Gray, besides being old and lee- bie, had, previous to her death, two para- lytic strokes; and after the latter stroke, it is claimed by Mrs. Stark that she was incompe- tent to make a will or a@ codicil. There are some twenty-five residuary and specific Ly pte and the property in question, which is valued at some forty thousand dollars, kas been a serious bone of con- tention among the contending parties. Mr. Henry Whitaker and ex-Judge Birdseye were counsel for Mr. Crolius, and ex-Judge Homer A. Nelson and A. Anthony for Mrs. Stark. The jurv went out late ace afternoon, and Judge Barrett, alter wait- Ing over an hour ior their verdict, gave directions that they bring in a sealed verdict this morning. BUSINESS IN THE OTHER COURTS. UNITED STATES DISTRICT COURT—iN ADMIRALTY. Calendar for Tuesday, March 4, No, 63.—Benedict vs, Steamtag Niagara. week 170.—Duncan et al. vs. Steamship Francis Vright. No. 78.—Nickerson vs, Steamtug Echo, No. 61.—Whitney et al. vs. Ferryboat Sunswick. No. 160.—Murpliy vs. Narragansett Steamship Company. No. 162. Steamboat Bristol. No. 172.—Lambert vs. Canalboat Waring. No, 62.—Brown vs. Loud. No, 42.—Jolnson et al. ys. Steamtug General U. 8. Grant. No, 1.—Rahn ys. 162 Tons of Coal. Woolanghan et al. vs. 0. No. 13.—McCaffrey vs. Steamtug Farrell, No. 14.—Killlan vs, Davis. No. 1i,—New York Steamship Company vs. Steamship General Green, SUPREME COURT—CHAMBERS. Proceedings Under an Order of Arrest. Before Judge Harden. Some rather novel and curious features pre- sented themselves in an examination, which occu- pied considerable time yesterday in Supreme Court, Chambers, before Judge Harden, growing out of the recent arrest of Henry Myers, im Phila- delphia, and bringing him to this city for trial. The charge is that Myers, who 16 @ merchant in Philadelphia, bought some goods of Mr. Smith in tais city through fraudulent rep- resentations. Mr. Phelps, a lawyer, went to Philadelphia, after obtaining an order for the arrest of Myers from Judge Davis, and there accompushed Myers’ arrest. Application was made by Mr. Dyett, the latter's counsel, to vacate the order ol arrest, on tle greund that it was procured by trick and device, The lawyer gave his story, the detectives gave their story and then Mr. Myers was placed on the witness stand, The testimony Vv quite contri deal mixed, pe ‘ularly as regarded the federal laws, Philadeiphia laws and the laws of New York on the matter of arrests. After hearing the testi- mony the Judge gave his decision, which was de- nying the application. Cutting Down a Refereca Fees. Motion was made in this Court yesterday to cut down a referee's fee. It appeared that in the suit of Simon vs. Bradensich the referee, Mr. Bushnell, made out lus bill at $1,820, Upon hearing o full statement of the case the Judge ordeied the bill to be cut down to $250, M Decisions. By Judge Harden. Rush vs. Marston et al.—Motion denied without costs, Muller ys. Perrin.—Motion granted on condi- tions, with $10 costs. une et al, vs. Phillips.—Terms of order set- sled. SUPREME COURT—SPECIAL TERM. Decision. Py Judge Van Brunt. Lee vs. Lawrence.—Decree settled. SUPERIOR GOUAT—SPECIAL TEAR. Decisions. By Jndge Freedman. Church of the Redeemer ys. Crawford,—Taxation of costs anirmed, Witthaus et al. vs. Kendall et al,—Metion granted, Davoli et al. vs. Hume et al.—Objections passed upon, with leave, Chandler, a ot bonne Company et al.—Order granted, Schneider vs. McCabe & Knox.—Order of new trial granted, COURT OF GENERAL SESSIONS. Close of the Term-—Forty Prisoners Ar- raigned for Felony=Sixteen Plead Guilty and are Sent to the State Fire Insurance Before Recorder Hackett. Yesterday was the close of the February term of this Court, and the Recorder sat for the purpose of sentencing the prisoners who were remanded and of hearing whatever motions counsel had to make for the discharge of their clients. Edward Cahill, who was convicted in January of grand larceny, was placed at the bar. Soon after his conviction Jeremiah Cahill, the brother of the prisoner, came forward and confessed that he was the party who perpetrated the theft, He was taken into custedy, and, in the meantime, hia Honor took the matter into constderatton, ‘The Recorder said that he was satisiied Edward was the right man, and sentenced him to the State Prison for four years and six months. The brother, Jeremiah, was th discharged, lieary Schafer, Who was fuund guilty a few days | dictory and @ good | Prison—A Remarkable Momth’s Work. | circumstances which mduced His Honor to impose a = sentence. Thomas Hart, who was convicted of forgery in the third degree at the Dece term, was sent Wo the State Prisen for three years. Discharge of the Grand Jury. The Grand Jury came into Court with a large number of indictments, upon which the prisoners were gm Sewrigte b arraigned. The Grand Jury, having finished their business, were discharged, with the thanks of the Court, Bargliaries and Larcenties, Herman Weiss, who was jointly indicted with David Osser for effecting a burglarious entry into the house of Herman Levy, No. 63 Orchard street, on the night of the 14th of February, pleaded Goud to burgiary in the third degree. William W, Jones and James Torson, who were ehargea with assaulting and robbing William H. Winn on the iith of February, at the corner of Howard and Elm streets, ora silver watch ana $7 in money, pleaded guilty to petty larceny from the person, Caroline Weich, an old woman, against whom were eight complaints for larceny, pleaded guilty to one imiictment charging her with stealing on the Ist of February $56 worth of silver plated ware, the property of Mary A. Sherman, of 152 East ‘Twenty-seveuth street. These prisoners were each sent to the State Prison for five years. John Sullivan, whe on the 22d of February was caught In the adé of stealing $3 from the pocket of Joseph Bell, pleaded guilty to petty larceny from the person, and Was sent to the Sing Sing prison for four years. Miloslar Tinger, who was arraigned on two charges, igusenes guilty to grand larceny, On the 1th of ruary he stele clothing and jewelry, valued at $31 25, from John Murcher, 243 Second street. The sentence imposed was three years and six months’ incarceration in the State Prison. The following prisoners pieaded guiity to an at- tempt at grand larceny, and were each sent to the State Prison for two years and six months :— John O'Connor, indicted for stealing, onthe 15th ult., two gold watches and @ cross, the aggregate value of which was $153, the property of Gern & Emery, 370 Eighth avenue. James Lewis and Joseph Welss, charged with stealing two pieces of cloth on the loth of February Son ee store of George Schmidt, 14 Montgomery stree! George Drake who on the 11th ult. stole from Wil- tiam Waters a silver watch, @ gold chain and two sets of shirt studs, Jobn McCarty, who was inaicted for stealing a bee of tobaceo, worth $200, the property of John I. F008. Thomas McDonnell, indicted for stealing half a chest of tea, valued at $56 73, from the premises of Gillespie, Trowbridge & Ce. Forgery. John Smith, alias Samuel A. Bailey, pleaded guilty to forgery in the fourth degree, the allegation being that on the 20th of last month he attempted to pass upon the cashier of the Nassau bank a check origi- nally drawn by William Eggert tor $22, which was subsequently altered to $1,200, ‘The cashier caused the prisoner's arrest before he left the bank, Mr. Smith was sent to Sing Sing Prison for two years, Assault and Battery. William Young pleaded gullty to assaulting Officer Clark, of the Twentieth precinct, while in the discharge of his duty, and was sent to the Pen- itentiary for ten months, What was Done in February—Interest- ing Statistics. The term of the Gencral Sessions just closed is perhaps the most noteworthy of any that has been held since the organization of the Court, Two parts have been in session, Recorder Hackett pre- siding in the first and City Judge Sutherland in the second part, The subjoined statistics of the amount of business transacted in this criminal Court during the month of February speaks more elo- quently of the industry of the prosecuting officers and of the energy and prompt- ness of the presiding Judges than a col- umn of figures of rhetoric. Seventy-three prisoners have been sentenced to the State Prison for felonies aud fifty-eight to the Penitentiary ; six boys were sent to the House of Refuge, and thirty- eight were tried and acquitted; which, including the accused parties whose cases were dismissed by the Grand Jury, reaches the marvelons aggregate of two hundred cases, Recorder Hackett passed upon about one hundred and fiiteen of the above num- ber, exclusive of the complaints dismissed by the Grand Jury, within the period spent in the Oyer and Terminer to determine the guilt or innocence of one alleged murderer, whose trial is approach- ing completion, TOMBS POLICE COURT. Burglary in Water Street. A boy named David Flynn was arraigned yester- day morning charged with boglariously entering the premises 394 Water street, the first floor of | which is occupied by Gustave Solemon as a store- On Thursday night OMcer Crowley, of the Fourth precinct, saw Flynn and two other men come the hallway of that house, Flynn carrying abag. He tried to arrest them, but the ocher two escaped. In the bag was found sixty pounds of tobacco, and on examining the premises it was discovered that the rear windows of the place had been ferced open and the tobacco taken therefrom. Flynn denied all knowledge of the burglary when he was examined, and said, “The other young fellows gave me the bag to hold; I don’t know anything about it.” Judge Hogan held him under $2,000 bail to auswer. Shooting Affray. Thomas Collins, who was arrested on Thursday night by Officer Adams, of tae Fourth precinct, for discharging three barrels of a pistol at James O'Brien, of 109 Clift street, was brought up yester- day. O’Brien was suffering severely trom @ wound in the jaw, but did not seem very desirous to press the charge. The prisoner was held to answer, how- ever, in $1,000 ball. A Batch of Alleged Forgers. Daniel Simmons, George H. Appleby, George Marks and James Burgess were arrested yester- | day morning by Detectives Farley, Symington, Kerns and Kelso, of the Central OMce, charged with having been engaged for some time past in several ‘“check-raising’ operations in this city, Brooklyn and Williamsburg, in which several banks have been victimized in sums varying (rom two hundred and fifty to twelve hundred dollars. One of the chief complainants is Louis Harmon, a rk butcher in Brooklyn, wiiose check alleged to | have been obtained by one of the prisoners, was altered from $20 to $1,200, Detective Farley stated to Judge Hogan that there were several complaints against the mea in Williamsburg, but as yet he had none to produce frem this city. The prisoners were all intelligent men seemingly, and ol very re- spectable appearance. Judge Hogan remanded them to Kings county to be disposed of by the au- thorities there. They were taken away handcuffed together, but seemed very unconcerned about theipiate, A Blackmailing United States Inspector. | George Prindle, who calls himself a United States inspector and gives his residence as New York city, was arraigned, charged with attempting to blackmail Henry 8, Leask, of Chatham street, United States weigher, to the extent of $30, Mr. Leask produced the following unique letters as evidence against the prisoner. The second letter js dated March 25, but Mr. Leask says he received iton the 26th of February. It will also be noticed that It has no signature, but merely hints @ gentle reminder that “Friday is pay day” :— New Youn, Feb. 7, Mr, Leask—Return atonee to Mary Lepman, liam ‘street, rear, $30 in $2 bills, which you took tre trunk on the night of January 28, 1873. ~ By #0 doing you will avoid trouble to yourself and your Brooklyn frie You had better send by special messenger. This matter will end here ir you act a3 directed. Yours, truiy, L, KR, KASSNER. 206 Witram Street, March 2h, 1873. Sin—No particular attention haying been paid to the request made in the lust communication to you, this is to notlly you that unless the nount stolen from this house ou) is returned the Collector of the Port and the hohorabie Secretary of the Treasury will be notified tr tho lacts, Should all eise tail, legal steps will be taken for the recovery of the amount stolon—viz., $39. Under- stand, sir, only the amount taken is required, no more. My next will be decisive. Be wise; your Brooklyn friend is well watched. Friday is your pay day. ‘The prisoner stated to the Judge that he was in- formed by Mrs. Mary Lepman, whose name is men- tioned in the first letter, that Mr. Leask and another person came to her house and robbed her $30, and he took this means of getting her money | back {or her, as she Was a poor Woman, Mrs, Lepman was in Court. She acknowledged that Prindle had written, but denied having given him authority todo so. On being asked how he be- came acquainted with Mrs. Lepman Prindie said that he examined and passed her baggage about three months ago, When she arrived here from Germany, where she had been ona visit. Prindle was helu in $2,000 bail, to answer at the General Sessions, JEFFERSON MARKET POLICE COURT. Grand Larceny. Joseph C. Darcus was charged before Justice Cox with stealing @ gold watch of the value of $75 from Mary A. Smith, of 215 Spring street, He was locked up to answer. Harvey Waters was accused of stealing a quan- tity of clothing from William Butt, of No, 10 Jones street, valued at $25. He was held in e stun of ¢u00 to answer, Polley Dealer. Thomas Williams, of 472 Fourth avenue, was charged with a violation of the Lottery law in sell- ing @ poll ticket to John P. Keely, who com- plained, He was held to answer, YORKVILLE POLIGE COURT, The Williamson-Malmquist Shooting Affray—Both Sides Agree Not to Prove- cute. The Williamson-Malmgqnist shooting affray ex- amination occupied the whole aiternoom in this Court yesterday. Oounsel for Malm- quist and Wiltiumson, At the outset of the ex- ammation Justice Coulter refused to allow Malm- quist’s counsel to ask any questions regarding the quarrel between the two men previous to the shooting. In consequence, the spicy revelations that were expected by those who came to listen to the case were considerably disap- pointed. Two witnesses swore that both men in Malmquist’s room had agreed to de- cide the quarre] about the possession—for that was the cause—o! Mrs, Malmaquist on the sidewalk, and that shortly alter both men met and exchanged shots on the sidewalk in froutof the house. Dr, Williamson bimself contradicted this, and said that the meeting was accidental. When both sides rested the Court took the papers and reserved his decision, which he could not, he sald, then give, be- cause of the very contradictory nature of the’ tes- mony. ‘The counsel put their wise heads tegether, when, to the astonishment of all, Mr. Purroy announ. to the Court the wish of all parties to let the mat- ter drep there and then. The Court was willing, and the whole proceeding was dismissed; and thus ends a quarrel which was really nothing short of a duel, and yet no one ts punished, COURT OF APPEALS. Avpany, N.Y Court of Appeals ordered that this hold a session of the Court at the Court the city of New York, commencing on the 24th of March, at 11 A. M, RAPID TRANSIT. pes SSUES Se Interview of a Committee of the Twelfth Ward Taxpayers with the President of the Gilbert Elevated Railway—FProspects and Actual Progress of the Project—The First Three Miles of Track To Be Completed by Ootober. The “Twelfth Ward Citizens and Tax Payers’ As- sociation” appointed me a committee of one to visit Mr. Foster, the President ef the Gilbert Klevated Railway, and inquire what was the present condl- tion of the “Gilbert Elevated Railway Cempany;” whether any progress lad been made in the con- struction of the railway, and if so, what? and in general terms if we may have reasonable hope that this enterprise will afford us the relief 50 much needed and@ give us speedily a means of rapid transit through the city? Receiving assurances that any questions I might ask would be answered cheerfully I propounded the following interrogatories and received the fol- lowing replies :— “When was your bill signed by the Gevernor?”? “On the 17th of June last.’ “Whe were the Commissieners appointed to locate the route?” “John A. Dix, Henry G, Stebbins, Shepherd Knapp, General Q. A. Gilmore and General Chester A. Arthur.’? “Have they periormed their duties in the matter? If so, what is the route assigned to yout” THE ROUTE OF THE RAILWAY. “They have performed the duties required of them under the law, and have jaid down @ route which in their judgment, to use the language of the charter, is convement and necessary to the project. A general description of the route, without detail ing all the streets and avenues, is this:—From King’s Bridge it follows the south shore of Harlem River to its intersection with Eighth avenue; theuce down the Eighth, Ninth and Sixth avenues to Fourth sireet; thence down South Fifth avenue, West Broadway to Bowling Green ; thence, through Beaver, Pearl street, New Bowery, to Division street; thence, to Division, Allen street, First and Second avennes, to Hariem River; thence along Harlem River, to intersect with the Eighth ave- nue. By this means a belt line is established, which affords the best accommodation to the public travel. The whole line being a double track it is imtended to run trains in opposite directions, muking the entire circuit, the down train on one side becoming the up train on the other, thus enabling a passenger to reach any given point in the city with the ieast expenditure of time and trouble. For instance, a resident of Harlem desiring to reach the foot of West Forty-second street would take the up train ‘on the east side.” THE FAIR JUDGMENT OF THE COMMISSIONERS, “Is the route, in your estimation, the best which couid have been selected for the interest of the road and for public convenience *"" “The route is, on the whole, a good one, andl have no reason to impugn the judgment o1 tue Comnussioners in its selection, They were re- stricted by the terms of the charter, or might otherwise, periaps, have better served the public interest.” STEPS TAKEN TOWARDS BUILDING THB KOAD. “The route having been established, what steps have you taken towards building the road 7” “two-thirds of the stock has been subscribed. Five million dollars of the bonds have been ne- gotiated, and the preliminary steps for coustruc- tion have been taken.” WORK ALREADY COMMENCED. “When do you propese to comme struction ?”” “The work of construction kas already com. menced, The structure being almost aliogé of wrought iron it must necessarily be made for erection at the establishments of the con ors, and when itis brought npon the ground it is only required to raise 1t to its place upon the posis | and be fustened together. The posts will be first required to be in their places. These are now in precess of manufacture for a portion of tie tine, and as soon as the weather will permit the fouu- dations will be laid.”* “How long tine have you given contractors to complete the first five miles anda halt, and what guarantee have you that they will complete it ae- cording to contract THE FIRST THREE MILES TO BE COMPLETED BY OC- TOBER. “We have taken the ordinary precaation of busi- ness men to have the work done according to con- tract, both as to quality and time. We expect to have the first three miles ready aad in operation by the Ist of October and a nilie per month the aiter until the whole work is compicted.”” “Have you given this five and a half miles to one concern to build 2” “The contract is made with one concern, which has the supervision of the construction of the | whole; but other establishinents are employed in carrying out the work.’’ “Do you propose to postpone the construction of the baiance until the five and a half miles are un- ished 7" LINE CONTRACTED FOR TO HARLYM RIVER, ; We have already made a conditional con- tract fer about five additional miles, to complete the line to Harlem River.’ “This ten miles, which you propose to constrnct on the hithavente through the Twellth ward accommodates very well the west side, but what ‘ou propose to do with the east side 7”? i wasaboutto say that if negotiations now | going on are successtal, we shail be abie to build both sides simultancously, The best interests of the road require that acireult should be eom- pleted, aud We shall bend our energies to effect it as s00n a3 possibie.”” THE RATES OF FARE. “What are your rates of fare to be %"? “The fare is fixed by the charter, not toexeeed ten nts ier any distance less (han four miles aad two nts per mile for any greater distance; but from five tu eight o'clock in the mo eight in the evening cars and trains sb rates not to exceed one-half the above. ter of fares will regulate itself. as is the case here, several competing lines of travel, it Will be necessary to fix the fare atthe lowest paying rate iu order to secure patronoge.”’ A MUNICIPAL ROAD. 3 “What hag been the effect on your enterprise of the agitation of the subject of the building a read by the city ¥? “Its effect has been only to delay for a short time our negotiations and to depreciate the value of our bonds.” “But still understand you that tt has not so far nerve to timpede the pregress of your actual work ? “No, We knew some such effort would be made and the source from which it would emanate, We knew, too, that many would be led to support it thoughtlessly who were really in favor of rapid transit. We never had any fear, however, of any serious injury to our enterprise, and have not been disappointed, The proposition to have the city bald @ road and manage it has so many and serious objections that it is not het Lg of con. sideration by an intelligent community, It has no parailel in any other of our public works. ‘The Central Park and Croton Aqueduct are cited as evidence of the success promised for this. It re- quires care, skill, experience and responsibility tn the exercise of the duties of each and every officer and employé of @ railway to secure salty to its patrons. Is it reasonable to expect these qualifi- cations under city management’ Every oge in the city government wonld change the adminis- tration, and political infnence would be sure to be the governing power. The result may easily be imagined.’? THR PROJECTORS OF RAPID TRANSIT. “If I have satisfactorily answered your inqui- ries,” continued Mr. Foster, “permit me to add, that the projectors and promoters of this ente prise are citizens who are individually interested in the advancement and prosperity of our city, gud each and every one of them has been from the beginning, and is how, willing to give piace to any other Who can more successinily promote the de- sired end. They have devoted their time and money to the success of what they believed to be the most feasible project for the desideratum of rapid transit, If they heve erred it is an error of judgment, and, when the enterprise is carried to successful operation, the community will be under no less Obligation to them if they have not accom- plished the very beat thing possible to be devised for the end sought.” “I am exceedingly obliged to you for the information you have so frankly given me. Andi assure you that our association will take new conrage; it does really appear that the time t# not far distant when the people re- siding ip the Twelfth ward Will realise the advan- tages of rapid transit.’ LAWSON N, PULLER, Committee. The imat- ning aud from five to | ibe run at | When there are, | PUBLIC EDUCATION. The New School Bill Before the Legislature. What It Means—Bad Features of the Law— Disastrous Results from Its Passage—A Dangerous Iuterregnum Probable in the Management of the Echools. The value and efficiency of the pudlic schoo) sys- tem of New York have been so frequently spoken of in the columns of the HERALD, and are, indecd, Work of supererogation to refer to the subject first blush, a good law, will, if passed, provi youd a doubt most pernicious in its effects. The | Board of Education, or rather the Department of Public instruction, as at present constituted com- prises several of the most highly respected | members of commercial and professional circles, as well as gentlemen whose name and fame, as leaders of men in the field of literature, are world-wide, and all of whom are foremost among the friends and advocates of popu- jar education. The chief objection to them is that they were appointed by the late Chief Magistrate of the city, @ gentleman of ne ordinary literary ac- quirements, and who could and did appreciate the fact that the schools should be removed far as pod- sible from the fell miasma which always arises from the dirty pool of politics, ‘The present “reform” Legislature has now before it a bill, introduced by Mr. Patterson, of this city, providing for an entire change in the organization of the Department of Public Instruction, which means simply that the present ofMficials shall be turned out and a new set, more in consonance with the views of the majority of the Legisiature, appointed in their stead. ‘The bill ag introduced is as follows:— ot relative to common schools in the city of New senate antt Aseomibly, doreanet er (ewe eee SxKcTION L.—The city of New York is hereby divided into seven school districts, as tollow irst district—lirst, Second, Third, Fourth, futh, Sixth and Kighth wards Second'district—Seventh, ‘Tenth, ‘Thirteenth and our. teenth wards. Third district—Ninth and Sixteenth wards. Fourth district—bieventh and Seventeenth wards. Filth district—Kitteenth and Lighteenth wards, Sixth dis- trict—Twentieth and Twenty-tirst wards. Seventh dis- trlet—Tweltth, Nineteenth and Twenty-sceond wards. Beo, 2—There sail be, in the city of New York, a Board of Edacation, whi¢h shall, under that designation, have the same powers and discharge the same duties ich are now vested in the Department ot Public In- struction in said city, when such Board is duly organized under this section. The terms of office of Commissioners ot the Departin shall end and, their ofticul tune partment ot Public Instruction 2 piration of (en days (rom the passage of this a .—The Micvor of said city shall, with nd sai at the ex- five days oilnt three masioners of common schools for each school dis- ,and their respective terins of office shall be deter- ty Hull in said city, in the presence as follows :—One commissioner in cach office until the first d January, 1874; 1 offiee antl ie from ‘and alter the passage of this act, ap cor mined by lot at the of the Shayor, a1 e first day of Januar: missioners shall enter on their duties at Piration of ten days from the passae places of the present Commission ‘ublic Instruction, Whose terms of office are terminated as above provided. Bre. 4.—Ibe said Commissioners of Common Schools, appointed pursuant to this act, shall possess and succced Il the powers and perform’ and succecd to all the duties of Commissioners of the Departinent of Pablic In hall coustitute a hoard, and said bowrd dof Ou the third very year the Mayor shall hh school district one commissioner of Common schools, Who shail take oflice on the first day of January next succvediag and hold office for the term. of three years, Any vacancy in the said oftce ot commis. | missioner of common schools, by death, resignation or | otherwise, shail be filled by the tayor for the remuinder of the unexpired See. 5.—Wheni Education shall occu » . rin any laws the words “Board of | Mean and com- sation and Com- 8 provided tor. ‘ganization of mance or Uh ays [Es jon, appointed in p act, said Board shail appoint for each ward im said city five trustees, one to hold oflice for four years trom the firet day of January next, one tor three years, one tor two | years, one for one year from such date, and one until the said date. ‘Thoreatter, on the first Wednesday ot De- cember in each year, the Board of Education shall ap poiat one trustec tor each ward, to hold office for the : years trom the first day of Januar: ext. nts “of ic Mm KcNO app | tion, im parsnance of thisact. Any vai office of trustee of the common sctools, by death, resig nation or otherw hall be filled by the Board of Edu- | cation tor the unexpired term. The bill has been somewhat amended from the above, but the plan of change is the same. It pro- vides, according to the amendment, for twenty-one | members to be appointed from the city at large, and opens up an excellent onpertunity for persons ot corrupt inclination, shoaid such be appointed, to form a most despotic “ring”? and control ta a most unscrupulous manner the direction of the sckools and the destiny and good order of the scholars, | and through them, in fact, the destiny and good order of the city and the State, for on the rising generation will depend, in a great manner, the prosperity and wellare of not alone this city asd | this Stat but the entire nation, The bill is | t 0 the charter, as | there 18 no harter for a Depart | ment of du and bo section or sentence which provides for any Management or supervision of the schools between the time the charter be- comes a iaw and ten days after the passage of this extraordinary measure. Thus it wili be seen that is very probable. be for a great length of time, owing to th rsistency of the partisans who are pusinng tais matter, bat long enough to cause a scrious “tripup.”’ This is a serious matter for the thousands of parents a otaers interested in the schools to consider. It inay be argued, bow- | ever, that inasmuch as there 18 no provision in the charter fer doing away with the present Depart- | ment of Public Instruction, if will exist during the time allotted by this bill, The entire act will eed caretui consideration for iis am- | biguity and the very “thin” cover it m#kes far the real intent and purpese of those whe ha fathered it and who are now urging its passage. The fact that it gives the appointing powor to the Mayor may be cited as itcnding te show the fairness of those under whose direction the bill has bees drawn; but anybody who knows the charac. ter of the present composition in the Board ot Al- | dermen will see that, the bill must be ainended so as to give that Boerd the right of contirming nori- nees to this Department, as well a8 a controlling voice In the other departments, and that uniess Mr. Havemeyer yields to their desires int paming Oo! School Commissioners they will “get square’ w hers. In fuct, some oi them have | already declare uch is their intention, | ‘Phe “bill is very faulty in another respect. Tt makes no provision for the removal of comtis- sioners or trustecs, but leaves the schoels and all connected with them at the mercy of the officials appointed under the act, however auscrupaious | In relation to the provision respect. | | they may be, ing or trnstees in the va THE LOCAL BOARDS lous wards, tne provisions of the preposed law are undowbiedly dangerous, 16 | may be argued that the Boards of Trust as chosen by the people in the various wars, are not generally composed ef the best or highest-tonedt citizens; that miserable politicians in small lecall- ties have hitherto had controlling voices in the selection of the trustees, and that (o mem, many of whom stood sadiy in need of gciool-training them- selves, Were entrusted the seioction and appoint- ment of teachers and the direct voice im managing the pubite schools, To a great extent this is too true. There are on record cases in which the local oficers have levied taxes on the school teac! | or those applying for appointment as te: and, although in @ majority of the cases the poor girls whe made the applications couid tily atford to watisty the Mobilier-like consciences of the gentie- men who controlled the local boards, they were obliged to raise the money and pay it to these IGNORANT AND BRUTAL CORMORANTS before they could secure any appointment. Cases such as these are on record @s having eccurrea to the Fourth ward andin the Seventeenth ward, in the former @ poor, lame [a was obliged to pay to certain members of the Board (one ef whom is now # member of the city government) the sum of $76 to secure @ place at a Salary of $500 per an- pum, andin the jatier the daughier of a washer- y former te Legisiature—the sam of $100 to effect her appointment. Since the law was changed, however, 80 48 to give to the Mayor ihe power of appointing members of the local board the calibre of the men selected was such as to obviate the probability of any suck nefarious prac: tices being indulged in. Under Mayor Hali_ ene- fifth of the present Koard has been appointed, and under Mayor Havemeyer two-fifths will be ap- pointed: and ia two years, should the existing law not be changed, there will have been an entirely new set of trustees. Under the preposed law, however, 7 4 comnurT cLtgcm in the Roard of Education could, and undoubtedly would, control the appointinents of the trustees throughout the entire city, The Board will un- doubtediy be controlled by a combination, just as the present Board of Aldermen, and it would be too auch for human nature to expect that a set of politicians, as the Board under thie new law would undoubtedly prove to be, would stop te ¢onsider the wants and wishes of the people, the nevds of the schools or the fitness of those whom they would desire to appoint, regardiess of tiete fealty to the party and obedience to party dictation, ‘The | appointments would be pred icated on the loyal were ft not that a bill has been Introduced inte the | Legisiature which, while it would seem to be, at | @ be. | generally so well known, that it would be almost a | | and first class Board, ina private fami | 868 | | NWO BLOCKS F aMreet.—N A WIDOW LADY. witlt catiD AND NURS | 4 wants two Rooms and nit of the city, Address Mrs |W: | Twenty | Ws , frem 4 | given. | chea “tnfvence” of the and in w short tin ihe tenchers would be subjected to a renewal of the system under which pothouse polie tlelams could levy @tax om those secking for ap- pointment or advancement. The system and de} nt, a8 at present man- aged, are well worthy of the commendations so eumeaty bestowed On them, and it is to be hoped: that, if a change be made, the bill will be materi- ally amended, made more complete tn its details, and that those of the present members may be re- tained who have proved their faithfniness and efficiency, and are not connected by family or party tes with those whose official acts Nave vrought the city to the verge of bankruptcy and made its name @ byword and reproach throughout the land, Why Is This Thusty ¥ New York, Feb, 24, 1875. To ore Eprror or THE Henatp:— Why is tt that the residents on the west side, be- tween Broadway and Eighth avenue, north of Forty-ninth street, are forced to do without water above the first floor ef their houses this Winter nearly all the time, except those that have tanks on the top floor and pump the water up? In the houses not thus provided water las to be brought ‘up stairs to supply the basins, On the second floor they have to wait hours to get water suficient ior a bath, and sometimes cannot have one for weeks. The closets, slop-sinks, &c., become oensive for the lack o! water to cleanse them. Last Winter and previously there was no such trouble, and we cannot ascertain why we should have this dimculty. Mis Winter. Hoping to obtain some tnformatior through your valuable paper, 1 remain, oer re speetfully, A VOICE FROM THE BEOPLE. a or eS ES ET BOARDERS WANTED. ST HOUSE WEST OF FIFTH AV Rooms, with frat eins No. 7 West Twenty-ninth stre UE.—FORNISHED ind, for single gentiemen. L BLOCKS FROM BROADWAY, _ 114 Hast Nineteenth street. Second story front, large and singlegKoom, handsomely furnished, with Bourd; elegant | PTH AVENCR, NO. 164, NEAR TWENTY-FIRST #) stroet.—Purnished Rooms to let, with heat and gas; baths on each floor; breakfast if desired ; references, »—A COMMODIOUS SUIT OF THREE or five Roomscan he had, with private table, on moderate terins, in the pleusantly located double house 4 Filth avenue, TH AVENUE, 5 VANDAM STREET, NEAR MACDOUGAL—HAND- somely furnished dbuble and single Rooms, with or withont Board; day boarders accommodated; terme moderate. $6 TO $OPER WEEK, $1 5) PER DAY.—PLEASANT PO Rooms, with excelent Board, for families and single, at 170 Bleecker street, six blocks west of Broad. ATU STREET, S18 WEBT. ONE LARGE ROOM AN! Hali Room'to let, furnished, with Board, 47H PIRBET, CORNER, 8k and W2.-—Desirable hished, to let, with Board, ’, WEST, NO, 328.~EXCELLENT LOCA- nicely furnished Reoms, with Board ; $12 to pale Rooms, $f to $8: good table a spectalry 5 ‘ate fires. Reterences. JOND AVENUR, 309 hall Rooms, handsomely tur- AN BLEGANT pr table Board ; ch: parties golug to Europe} exchanged; rooms suitable fF BAS’ FORTY-SIATH STRE: t) Suit of Rooms to rent, with supe: rooms yacated Ist of Mar “ unquestionable for a pai WEST FOURTER) q avenue-—New and elesutly turnk to let, with Board; best French cuisine ; oY. M. LAMARTINE PLACE 1 28 “ateean.—Frent. Rooms, Jet, with Board, to gentleman and wile or stv house firkielas»; neighborhood wrexce: rences exchanged, ¢ UNION SQUARE, 37 oor, fan's to Mrs. LAWRENCE, ont d Apartments table @hote at ptionable 5 FURNISHED TL eh: Boa 1 desired, $6. Apply he premises. QQ BARROW STREET, NEAR B OO pleasant front Koom lo let, with or w Other Rooms atmoderaie rates, ORANGE five ininutes’ walk {0 the ferries —PI STRELT, ON BROOKL N NEIOWTS, 39 jeasant Rooms FALL ROOM TO LET, WITH eutlerman. 4) EAST 307TH & Board, toa sin 4 ©) WEST SIXTEENTH STREET.—A LARGE PRONT pr to det, with Bu suitable nileman and wile; also hait Room jexcellent accommodations; r exchanged 7 BOND ‘ Rooms, 4 6TH AVS 54 WES? 26TH 81 OF A number of ple . With Board, mtitable for gentlemen ; 1 56 WEST THIRTY. SIX’ T, NEAR BROAD. a8) van aul urnished Roome t fto contle nmondate nm tee o Vadiew enn be ae 20 tor WEST TWENTY SECOND STREET.—A HAND- somely furnished Partor Floor; also other Koons, gentlemen or gentlemen and their Wives; all modem superior Board and accommodation ; with g _ ‘ 1 Board, to party of ntlemen and Wives; terms, 87, 8, $16 aH as. 310 West THIRTY-PIPTH STREET A e family will let gentleman and wife or sing! lemen, aback Parlor, turnished, with Board; mod- erate werms. BROADWAY, BETWEEN SEVENTEENTH AND. reenth Streets, think door Union square. — and comfortable furnished Rooms, singly or t with or without Board; rench tam: ily; terms reasonable, KOM BROADWAY—s7 EAST FOURTH ly turnished back Parior, with subataa- ra, for ee yan eDil Wile; house first Clas ; couforts ; price moderate. ROARD AN® LOHGING WANTED. D—GOOD BOAR gie wom for a sing third street, Addre ly rED—BY A LADY v, permanent Board he to Thirtieth s erms inUst ADY, Herald DURING TP t loeet eneh refare h otfiee. ‘wird ave t rate: es L Bran Add plown HANDSOME, roo, with FURNISUED PARLOI ' id partint Board, Address N, W m je DAVIS, Army, corner 6 1 Flows! WANTED, BY A: IAN, A ROOM, with Bourd, #01 er a Thirtietir and East Pitty sixil streets; terms ist be moderate, Adaress, staling terms, W. A., Herald Uptown Braneh ofliee. HROOKLYN BOARD. Bee IN) BROOKLYN WALK d trom Folton ferry; fine plionabie hecomimodutions and table, at J HO'T ONE BLOCK FAST OF THE nkfort and William streets, New Slto$2 per day; for gentlemen night. SRANKPORT TOU! ty Hall, corner F Koos, H0¢ Open all LAND HOTEL, % BOWERY, CORNER OF et.—200 Light Rooms, neatly furnished ; 4 per might, $3 to $4 per week. For gen FURNITURE, MARIE ANTOINETT lor Suite made to ord brocatel anil rey 5) MAG erin rary, Dining Foraiture; a saetit it 1 highth street (Clinton place), between Firui and Sixth avenues. MAGNIVICENT ASSORTMENT, HOUSEHOLD FUR A Chiture fer sate.—Parlor Snits, Pompadour, Marie An ed silk bi eo: vost $50, tor $20), Piane rat $00), for $275; Etageres, ense, Hr rarntinds: Chamber, Din ‘Silverware, dc.; # sacrifice. Property ily leaving city. 96 West 6th street, near Ol av. bs ¥ BSORTMENT OF CARPETS, PURNI- eee herent atiowest cash prices by weekly instalments, at 0. FARKELL'S Warehouse, 410 Kigbth drenue. between Thirdeth and Thirty-irst strects, ATR FAMILY GOING TO TRAVEL WiLL RI 4 h Drawin ZA. sell for cash Parlor Snits, covered in the ric $000, for 340}, ome do., green, $1 room Suiia, Carpets, | Ml everything necessary for pang 1g. at brown stone residence May, Call before pure Im West fd street, near 6! avenge, Sin B rR CARPET FOR SALE,—SMALE, NBAT B oon and black: cost $225 per yard; litle worn; abi iy 'vards. inquire thisday at the Leavitt Re Rous, 57 Broadway, corner Twollth street, IND HAND AND MISFIT CARPET specialty), alt sizes, English Brussels and Ing PAL li2 Fulton streot, corner of Dutch street. trance on Dutch, T SACRIFICR=MUST BE SOLD, THRE J elegant Parlor Suits, black walnut Extension Table, OM Patutings, &e., de hue, becween Thirty-eighth and Th M ONTHLY Of WEEKLY PAY™ urnitare, Be Pi "HRALY & 6 Prices lower than any oth 8 and 286° Third avenue, near bw Pe PARTING DESIRING TO DISPOSE yOOD § Ew eighth strect, the city. er house . their Farnitare can meet with a cast purchaser by addresing 8. ERSONS HAVING FURNIDURE chandise, in preference to tates, can sell (he seme fora few t Y & growl weer near the © ede ie UR + box $8) Post offices Y ing J. 8, 164 and 1 street, Bro: # FOR F MCC An tw Wy Seat. ANDY MONTE ture, Car ane THIVAIT & € stogis ung low pric at i,