The New York Herald Newspaper, March 11, 1873, Page 4

< THE THE WINSTON-ENGLISH LIBEL SUIT. A Little Light Thrown on the Case—A Re- view of the Oiroumstances Leading to First Hostilities—The Freedom of the Press Reviewed from a Judicial Standpoint—Important Deci- sion by Judge Freedman, ANDREW J. GARVEY’S ESTATE. Andy’s Madison Avenue Property—Suit Brought Against His Wife to Re- cover—The Lawyers Foiled— Claim Dismissed. THE EIGHTEENTH WARD MARKET. Another Costly Concern—How the Bills Are Run Up—Failure of a Suit Against the City. BUSINESS IN THE OTHER COURTS. Summaries—The Liability of a Principal and an Agent—Action on a Contract—Business in the General Sessions—Decisions. The case of Woodhull, Claflin and Blood, who have been indicted for sending obscene literature threugh the mails, will be transferred from the United States Cirenit to the District Court, and tried during tue April term before Judge Blatch- ford. An important decision, as will be seen by tne report elsewhere, was rendered yesterday by Judge Freedman, of the Superior Court, in the Winston-English libel suit. In defending the free- dem of the press he is fearlessly plain speken. This part of the decision—or, rather, opinion embodying the decision—we give in full, As ifthe Eighteenth Ward Market had not al- ready cost the city enough—the expense having al- ready aggregated more than five times the original estimate—a suit was brought yesterday against the city to compel a further depletion of the city ex- chequer. The complaint, however, was dismissed, on the ground that the proper remedy was to apply for a mandamus against the Commissioners. The public have not yet forgotten the long pro- tracted suit before Judge Brady in the suit be- tween James E. Coulter and Henry Murray as to the Police Judgesaip in the Yorkville district, and which resulted in a disagreement of the jury. A Bult involving the same issues as to the Judgeship of the Seventh District Civil Ceurt, between John A. Stemler and Joseph McGuire, came on for trial before Judge Van Brunt, ef the Supreme Court, and ajury. No facts additional to those developed at the previous trial and which were fully reported at the time in the HkRaLp, have thus far been presented. The case will probably occupy several days. For several days past aman, who signs his ap- Plication “Gustave Kirchman, Legal Chief Arbi- trator,” has been endeavoring to get before Judge Fanchon, at Supreme Court Chambers, an applica- tion for an injunction restraining the Sheri from the exccution ef Foster. Finding little encouragement in this quarter he yesterday sub- mitted his document to the Clerk of the Superior Court, who duly laid the same before Chief Justice Barbour ior his judicial action, The geculiarly abnormal phraseology of the document ts not likely to commend itself very strongly to judicial consideration. Yesterday was set down for the argument before the Superier Court Gencral Term upon the appeal from the decision of Judge Barbeur in the centro- versy between Mr. Francis B. Palmer, City Cham- berlain, and Join Foley, as to the Deputy Cham- beriainship. Meantime in the Superior Court Special Term a difficulty arose as to the power and effect of the order to be entered in the action between Walter A. Palmer, Deputy Chamberlain, and Mr. Foley, a dismissal of which, it will be re- membered, was ordered by Judge Van Vorst. The result was that it was finally arranged to have the case fermelly tried, and for this purpose thé Court set it down for next Friday, THE WINSTON-ENGLISH LIBEL SUIT. How the Case Stands in the Cearts—Im- portant Opinion—The Freedom of the Press as Viewed from a Judicial Stand- peint. It is unnecessary to go over in detail the facts connected with the libel suit brought by Frederick S. Winston, President of the Mutual Life Insurance Company, against Stephen English, of the Insur- ance Times, Directly after the suit was instituted, in January last, the full facts were given in the HERALD. It will be remembered that Mr, Winston demands $100,000 damages, and that upon an order of arrest, granted by Judge Barbour, of the Superior Court, against Mr. English, the latter, in default of $40,000 bail, was committed to Ludlow Street Jail. The next legal step, after procuring the order of arrest, was tue obtaining by Mr. English of an order jor the examination of Mr. Winston. He claimed that he couid not put in his defence until after such exan jon, and that he had a right to such examination iu order to enable him to obtain facts necessary to prove lus defence. Among the facts alleged as essential to ascertain irom Mr. Winston was whether le had acted corruptly in connection with the examination into the amairs of the company by 4 speciai legisiative committee ap- pointed for this purpo: nd the Superintenient of life insurance con) panic: hether he had not used the money of the company te pay bis private depts, and whether he had not improperly revived a policy of the compamy in faver ef his son after the same nad lapsed, About @ week ago, before Judge Freedwan, holding Special Term ef the superior Court, m Was made eon behalf of Mr. Win- ston te vacete the order of examination, to which wag just been made, Judge Freedman day gave his decision upon this motion. Ke is decision in avery lengthy written opinion. ‘The tirst part of it, and, in fact, the bulk, is devoted te an exbaustive reviewal of the power Vested im the Courts te grant examinations of this character. The latter purt, which alone is of public interest, we give below, and ts as follows :— ATURE OF THE ACTION. action for a as a jon for plaimuf's examination ts afMidavit, which shows the ser- nM him, hut does not describe the py of the complamt is attached, been submitted on this wotion. In tact, both Viitte withhold from me the tacts com The aftidavit states that the 0 examipation of the pla! or the purpose ef enabling the swerto the complaint and to sand circumstances sought to aUon or in mitigation of dusm- so sviears that le expects to prove be plauntiti the substantial truth of n of @ great varicty covery issouzht. iv whom he has bee: that he ins no know form a belicl as to th et be dues Not dist! 4 |. He docs not say or information sufficient to atlers char guinst him, and or information e does possess. He is silent even ns to his belict int premises. No facts ave staued from which the materiality Or necessity of the proposed examination can be gath- ered: nor wstatleged of shown that the planull fs culiar knowledge of the tacts and clroumsuatices sought 0 be discovered. Ou the contrary, most of them, iru MO ] ‘of easy proot quite a number of other witnesses. And, beyoud all th itcan be plaimly seen @ defendant, if really de- @rous of relying on the ‘THOTA OF THE LIBELLOUS MATTER Published as a deience, already possesses aii the know!- ‘edge or information which he requires for putting ina plea of justification or of ating circumstances, expecially as the cod ‘permits hin to ‘dg it on me formation an: 4 will not assist is arac Bags” vals YY atter, ae sont abentevel city to ‘scandalous matter, iy Necessary for 1 motion of ice. A mAH Who pub- BsssseThaehoutl bein s condldon to prove i. Conse Guonur. it the dovirine cxists at ell, thats party nay COURTS. | NEW YORK HERALD, TUESDAY, MARCH Il, 1873—TRIPLE SHEET. first pablish a libel and then oxamine the person injured for ‘the purpose of proving out of the latter's mouth the truth of charge, which, however, denicd in several ‘instances, | it tainly should ot | be extended, except Im. casos of clear and absolute meceasity, beyond rule laid Gown in Marsh vs, Davison, 9 Paige, $88, when it was said thatin order that a det nt in a libel suit ma} have a discovery to nid his defence he must state defence and then show the materiality of the discovery. It ix claimed, however, that whatever the rule may be it should be relaxed whenever it ix made to appear thal (he deiendant published the libel in the course of the publi- {a NEWspaper, and the suggestion was made that he fact in the Case before me. Although there is no evidence to this effect I have, nevert considered the point, In this connection I’ will sta t Lam not one of those who believe that untimited Uherty of speceh or of the press is improper, because | produc- tive in certain states of society of disaste sults {tis to the abnormal condition of the body that all evils arising {rom au unrestrained expre: epinion must be attributed, and not to the unrest expression itself. U saund social régime and 1 erry dad conteatu ) nothing is tw be teared em NC UNSONTHOLLKD OTTERANOH OF HOWGET AND PRRLNG That which is reatly contemptible ought, therefore, to be exposed to con ado: charges of public imi To argue otherwise ts ace from tion that itis right lor the Legislature to he an impos- ture, an Organized hypocrisy; that it is necessary tor a to be cheaied by th nce of virtue when se » reality; that public ion ought to be in ther than in truth; of that itis well for the people e. For those reasons it is my protound con- TUK FREEDOM OF THK PRESS, the right of journalists to discuss matters of public con- cern, can hardly be too z:alously guarded, and that in this Country more than fi any other the public press has a great mission to fulfil. But, in order to accomplish such mission, the pross must not only remain fearless and in- dependent, but on the side of truth jt i cation on’ a subject whieh, th character and good name ot @ citizen, must be tair crit com. Lf itis such the publication will be held to belong to the class of conditionally privileged communications. By this [ mean to say that the prima facie presumption of mialice which would exist trom the language used, butfor the occasion of such use, is rebutted. But this privilege 1s 1d and — conditios It cannot purposes of revenge nor personal spite, It is not ao make a statement which the publisher does not believe to be true, and if he volunteers to defame another in a matter in'relation to which he has no duly nor interest as a legitimate part of his business to furnish the news of current events, such oftictous defamation ought to be presumed talse and malicious till he proves its truth, and such isthe law. No benefit can accrue to defendant's resent position from any of these considerations, As e case stands at present the detendant has not only neglected to bring himself within the rules and practice of this CORE, relative to the examination of @ party under section 391 of the code before issu, but has failed to satisiy me of the good faith of hi plication. For these reasons the order and summons retofore made And issued mast be vacated, with $10 costs to plaintiff. ANDY J. GARVEY’S ESTATE. _— His Madison Avenue Property and the Suit Against His Wife to Compel Her to Make Good Its Sale—Dismissal of the Compiaint. ‘A short time before Andy J. Garvey took his his- toric trip into the country he conveyed some of his property on Madison avenue, between Sixty- seventh and Sixty-eighth streets, to John Garvey, his brother, and the latter reconveyed the same to Mrs, Andy J. Garvey. Isidor Wormser negotiated with Mrs. Garvey for the purchase of the property in question, the price being fixed at $215,000, and he giving $500 to bind the contract. Mrs. Garvey refused to convey the property, pursuant, as alleged, to the contract, aud a suit was brought in the Supreme Court, Spe- cial Term, beiore Judge Van brunt, to compel her to do so. ‘The defence, it will be re- Membered, was that Mr. Wormser refused to accept a deed of the property without an affidavit as te her husband’s solvency, and that, as she would not give such an aitidavit, she offered to give back the money advanced to bind the bar- fan, which was refused. Judge Van Brunt gave is decision vesterday in the ease. He held that the furnishing of the afidavit was not called for by the terms of the contract to purchase; that the tender of the deed by Mrs. Garvey without such amMdavit was a fulfilment of the terms of the con- tract, and that, through the refusal to accept the deed, Mrs. Garvey was released from her contract. He accordingly dismissed the complaint. THE EIGHTEENTH WARD MARKET. Running Up Costs With a Vengeance— A Suit Against the City which Failed to Work. The citizens of the Eighteenth ward thought they were going to have a good thing when it was arranged to have a public market built in the ward. The building was to be a fine one, but it was not to cost the city very much—$75,000 being the amount of expenditure required. It seems, however, to have already cost $886,662 92, the money having been raised on bends issued by the Comptroller and paid over to the Chamberlain to the credit ef the Commissione: But this is not Suit was breught yesterday in t, Cirewit, before Judge Van Brunt, by Charles Vandervoort against the city to re- cover $31,000 he claims to be due nim on balance tor work. On behalf of the city Mr. Dion moved to dismiss the compiaint. He clatmed that the proper remedy of the plaints was to apply for a mandamus against the Commissioners to Compei the payment or against the Mayor and Comptroller to compel the audit. Mr. Strahan, on behalf of the plaintiff, insisted that the ent suit was properly brought, being for work e and unpaid for. Judge Van Brunt coincided with the views of Mr. Dion and ordered a dismissa! of the complaint. BUSINESS IN THE OTHER COURTS. — SUPREME CCURT—CHAMBERS. Decisions, By Judge Fancher. Bloomingdale vs. Simon.—Reference ordered. In the Matter of Estate of Morris Ketchum, &c. Petition granted, and the United States Trust Com- pany ef New York appointed the guardians, Jenkins vs. Jenkius.—Keference granted, Manley vs. Ott.—Attachment ordered to issue bailable in $1,000. Feist vs. Feist.—Issues settled and order there- for granted. Alimony granted at $5 per week , and counsel fee of $50 granted. By Judge Ingraham. . Schwinte vs, Hiengal.—Motion granted, Stewart vs. Drake et al.—Same. Dilworth vs. Cameron.—Order granted. SUPERIOR COURT—SPECIAL TERM. Decisions. By Judge Van Vorst. Shepherd vs. Fredericks.—Motion dented. O’Brien vs. The Mechanics and Traders’ Fire In- eurance Company.—Case settled, Brown vs. fhe Mechanics’ National Bank.—Mo- tion granted and reference ordered, Cardozo vs, Jacks.—Order granted. Watson vs. The Central Park Bank.—Same. By Judge Freedman. Schmid vs. Corta. —Order denying motion, —Order signed, Punton vs. Order retused. While de- fendant disputes lis lability and plainturs right to recover, he is not in a position to ask for subro- gation, Assoon as he is ready to pay the motion will be in order, By Judge Curtis. Andrews vs. O'Brien.—Case settled, Smith vs. Coc.—suaime. COURT OF COYMON PLEAS—SPEGIAL TERM. Decisions. By Judge J. F. Daly, Wills vs. Hubvell.—Procecdings dismissed. memorandum. Donnell vs. Birdseye.—Same. The People, 4 . McCann.—Further proof wanted. See decision with Clerk at Chambers, MARINE COURT—PART 2. Between a Principal and an Agent—Deeision. By Judge Curtis, | Eastman & Co. vs. Delapierre & Brooke.—This was an action brought by the plaintif’ against , the defendants to recover the value of certain ; Sods sold and delivered on the representation of one Willtam Jones that he was the agent of the defendants for the purchase for the deiendants of the goods in question. This agency was denied by the defendants, who ignored in consequence all responsibility, and upon their specific agree- ment with Joxes, limited as it was to certain times and te specia! business, put the plaintiff to the proof. Judge Curtis, iu rendering judgment, said:— he onue proacnd) is on the plaintif to establish either that the actual relation of principal and agent existed between Delapterre & Co. th Willian Jones, or to show that by s | Jones, approved and endo! pany, the plaintifis im this wath the custody, title and control of Wheir goods. The mere statement of Jones that he was such agent ts not suficient. As a matter of fact, the Court finds that it did pot. Delapierre swears most positively that this relation did not exist; that Jones was employed simply tor the purpose of selling ihe ed of the defendant, and at specific times received authority to collect outsiand. ing Claims. Now, in order to hold the defendant re- sponsible the agency inust be gencralin its character, ap agency Which authorized Jones not only to seil but to Purchase goods. Ihere isnothing in the oral testimony or in the documentary evidence to warrant the Vourt in believing that any such power was delegated or in- See The Law tended; but, om “ CORSEey, is Fae all this difficulty, originated “in the foe Tee oes te would be unjust as well as illegal, in. my judgment, to hold Delaprierre & Co. ro sponsible tor the acts of their faithless servant, Jones, @ Who undertook todo that which did not prop- lio withia the scope of bis authority. That ts my view in chief, In regard to the subsequent acts of the Gerendants. ih the sale of the ‘goods, it appears by their own testimony that they notified the plaintiffs that they should sell the same, and they did 80, It also appears by the testimony of Delaprierre (the same witness), nd there is no conflicting evidence, that the merchandise Was sold fora fair and reasonable price, and that the Soreets of the sic were credited to Kastman & Brooke. | ie had authority to make that sale gre credit of the broceeds to the proper partics, and by act oreserved all the rights and Judgment for the MARINE COURT—PART 3. Acti to Recover the Value of Goods Delivered on Contract—Of What Our Cream of Tartar is Made. Before Judge Howland. Alfred Lister vs. Charles H, Kalbfleisch.—The plain- tif sued the defendant to recover the sum of $322 43, a8 a balance due on account of a quantity of bone dust delivered to the defendant. The plain- tiff manufactures bone dust jor fertilizing and other purposes, and the defendant. manufactures cream of tartar. It appeared that the salesman of the plaintif sold by sample to the buyer of the defendant 100 tons of bone dust, at $20aton. The de endant, after receiving the je, sent to the plainti an order tor twenty-five tons, with a view Of testing it; but instead of sending the twenty- five tons, as directed by the defendant, the plain- ti? sent thirty-ive tons. On the receipt of the bone Ch lt he defendant saw that it did not correspond with the sample, but, being short of dust at the time, concluded he would teat it. On subjecting it to a test he found it was useless, and contained too much earthy and animal matter out of which to manpulacture a good substitute for cream of tartar. In the meantime the plaintii de- manded pay for the amount delivered, and made an offer to deliver the balance of the hundred tons, ‘The defendant refused to accept the balance; sent his check to pay lor twenty-fve tons, which was accepted, and refused to pay for the other ten tons delivered. Aiter the testimony was closed Judge Howland gave judgment for the defendan!, because of the want of proof on the part of the plaintiff that that sane dust delivered corresponded with the sample. nitica that inhered in him originally. lercudants, COURT OF GENERAL SESSIONS. Burglaries and Larcenies. Before Judge Sutherland, Most of the prisoners on yesterday's calendar in this Court pleaded guiity to the charges preferred against them, so that the Court was emabied to ad- journo at an early hour. Bellot Dupray, indicted for burglary in the thira degree, picaded guilty. On the 24th of February the prisoner broke into the blank book manufac- tory ef Adolph Liebenthal & Co,, No. 50 Franklin street, and stole $10 worth of albums, ‘The same plea was accepted irom John Snyder, he having been charged with burglary in the sec- ond degree in entering the apartinents of Chris- tine Weber, Ne, 16 Bayard street, on the 23d of February. He stele $25 worth of silver plated ware. Dupray and Snyder were each sent to the State Prison for three years and six months. Anthony Sinith, Renin Prescott, John Kein and Joseph White pleaded guilty to an attempt at burglary in the third degree. ‘Ihey effected a telo- nious entry into the clothing manulactory of Joseph Popper, 13 Ciinton street, on the 238th of February, and stole ninety-nine pairs of pantaloons, valued at $600, The sentence imposed was two years and six months cach in the State Prison. Lizzie Wailace, who, on the 24th of November, stole a mr muff and collar worth $80, the preperty of Margaret Stringham, pleaded guilty to an at- tempt at grand vee As that was her first offeace the Judge modified the punishment te im- prisonment in the State Prison for one year. An Assault and Battery. John Murphy, charged with pointing a pistol at Martin Mullen on the 28th of February, pleaded guilty to assault and battery and was sent to the Pentientiary for one year. Kate Clidord, indicted for stealing a watch from the store of Foster Kreeping, on the 28th of Feb- rudry, pleaded guilty to petty larceny and was sent to the City Prison for four months. Youthful Burglars Sent to the House of Refuge. James Carter and Michael Cuff, little boys, pleaded guilty to burgianously entering the junk shop of Daniel O'Neill, 56 Mulberry street, on the night of the 22d of February. They were sent to the House of Refuge. An Acquittal. William Clark was tried upon a charge of enter- Ing the premises of Caspar Bauer, 63 Norfolk street, on the 25th of February, with intent to steal. The evidence failed to estabtish the guilty intent and the jury rendered a verdict of not guilty witiout leaving their seats. On motion of Assistant District Attorney Rol- lins the Court directed a nolle prosequi to be en- tered in the case of David Willis, charged with em- bezzeling $63 from Robert H. Swazey, on the 18th of October. The accused was tried in Janaary and the jury failed to agree. COURT CALENDARS—THIS DAY, Supreme Court—Crrcurr—TRIAL TeRM— Part 1— Heid by Judge Barrett.—Nos, 913, 483, 993, 757, 759, 8234, 838, 841, 845, 861, S867, 875, 881, 923, 929, 957, 959, 973, ‘079, 987.’ Part 2—Held py Judge’ Van 2, 1718, 168, 398, 714, 780%¢, 776, 910, 1124, 1816, 934, 993, 1026, 75435, iPREME Fancher. 2, 164, 1 5 SUPREME COURT—GENERAL TERM—Held by Judges Ingraham and Davi: 59, 168, 170, 171, 172, 173, 174, 175, 133, 136, 187, 143, 149, SUPREME COURT—SPECIAL TERM-—Held by Judge Mullen.—Law and fact—Nos, 30. 2, 115, 143 to 165, inclusive; 167, 168, 169, 1 75 SUPERIOR iy Judge Seagwic fos, 240, 1602, 1612, 1606, 1189, 1416, 1284, 522, 1540, 726, 1140, 514, 390, 1692, 2478, 2026, Part 2—Heid’ by Judge Sedgwick.—Nos. 240,’ 1602, 1612, 1608, 1180, 1416, 1288, 822, 1540, 1140, 14) 390, 1692, 2478, 2026. Court Or CoMMON PLEAS—TRIAL TRRM—Part 1— Held by Judge Larremore.—Nos. 1695, 1913, 1598, ben 290, 1949, 1980, G44, 045, 1494, 1973, 1649, 1246, 680. CouRT OF COMMON PLEAS—GENERAL TERM—IHIcld by Judges Daiy, Loew aud J. F, Daly.—Nos. 2, 14, 15, 30, 126, 116,92, 35a, 46, 121, 142, MaRine CoUuRT—TRIAL TERM—Part 1—Held by Judge Gross,—Nos, 2042, 1584, 1364, 1434, 1366, 1464, 1494, 1454, 1576, 1592, 1596, 1598, 1600, 1602, 1606, Part 2—Held by Judge Curtis.—Nos. 637, 1458, 1491, 1401, 1368, 823, 1593, 693, 2219, 1449, 1361, 1315, 1489, 809, 1129, 1935, 1585. Part 3—Held by Judge Howland.—Nos, 1704, 1334, 1978, 1708, 1709, 1718, 1716, 1719, 1723, 1724, 1725, 1730, 1731. BROOKLYN COURTS, CITY COURT. Action Agninst a Railroad Company. Before Judge McCue. Emil Abessor vs. The Bushwick Railroad Com- pany.—This action was brought to recover $3,000 damages for personal injuries sustained by the plainti? through tne alleged carelessness of the defendants’ servants, on the 4th of May last, when the plaintif’s horse and wagou was run into by a locomotive on defendaats’ railroad on Bushwick avenue, and he was thrown out and had his shoulder-blade broken and his knee injured. The defence alleged that the accident was attributable to the plainti’s own negligence. Verdict for the plaintut for $850. An Insurance Company Made to Pay. Thomas E. Church vs. The Lafayette Insurance Company. This was an action tocompel the defead- ants to pay a policy of insurance amounting to $3,000, which he held upon a house at Coney Island, and which was destroyed by Ore on the 7th ef No- vember, 1 Tho defence was that the plaintiit had not paid his premium on the policy. The jury returned a verdict in favor of the plaintia. KINGS COUNTY COURT OF SESSIONS. False Pretences. Belore Judge Moore. Yesterday George H. Porter, a very elegantly at- tired young gentleman, was brought into court tor trial for false pretences, in having, on the 6th of December last, defrauded Goorge W. Bennett, the shirt manufacturer on Fulton street, out of twelve shirts, twelve collars and twelve cuffs, by falsely representing that he was a partner of Mr. Sherwoal, doing business in John atreet, New York, = under the firm name of Sherwood & Porter. The accused {sa son of Dr. Porter, well known in connection with the Methodist Book Concern. He was not represented by counsel. On being placed at the bar he with- drew his former plea of not guilty, and tendered a plea of guilty, throwing himself on the mercy of the Court, and saying that he did not intend to swindle the complainant, bat intended to pay for the prop- erty, and woula doso yet. He promised amend- ment for the fature. | The prisoner was sentenced to the Penitentiary i for one year. BROOKLYN COURT CALEKDAR. Ciry Court.—Nos, 131, 174, 210, 160, 2934, 67, 182, 183, 184, 185, 187, 188, 189, 190, 192 to 199, inclusive, aad 201 to 208, inclusive. COURT OF APPEALS CALENDAR. ALBANY, March 10, 1 The following ts the calendar of the Commission Of Appeais for Tuesday, March 11:—Nos, 64, 69, 70, 71, 72, 73, 74, 75, 2, 16, 30, 32, 35, he Court adjourned until ten A. M. to-morrow, A OLERGYMAN EXPELLED FOR IMMORALITY, Battimors, Md., March 10, 1873, This morning im the annual conference of the Methodist Episcopal Church, South, the committee in the case of Rev. J. F. Clarke, of White Sulphur Springs, West Virginia, of which committee Rev. . Head is chairman, reported that the charge of immorality was sustained, and Mr. Clarke was ex- pelied from tee Church, ‘In of Dr. Huston are taking testimony. € committee ia the case ST. PATRICK'S DAY. The Route of the Civic Procession, ‘The following ia the programme which has been adopted by the Irish societies of New York for the procession on St. Patrick’s Day. The route of the procession and the names of the societies which are to participate and the marshals who are to have charge of them are given below:— The lino of the civic procession will be formed in Sec- ond avenue, the right resing on Twenty-third stre: ‘The various societies will take post in the order : ‘Ancient Order of Hibernians, of New York (in twenty- D aivis ae ee ee aN Di Tine. ; in Twebty-third street, right resting on cond avenue. ‘Ancient Order of Hibernians, Division No. 1, of Mor- risanis eschester county—Marshal, Denis Keenan; ds, Patrick Meade, Patrick McIntyre; right resting ou Aids, Pi leftef A. 0. H. of New York. Ancient Order of Hibermians, Division No 3, of West- ¥. shal, —— ———; right resting on left ited Protective and Benevolent yken, N.J.—Marshal Thomas Lenihan; Michael Henry; Andrew Bonney; in Second ave- nue, right resting on Twenty second street. ‘ork Benevolent Society of Operative Masons— jarshal, — ; Ald, Cornefius McAuliffe ; in Second avenue, between Twentieth ‘Twenty-lirst strects, right resting on left of the Trap-Biock Makers’ Society. St. Jaines’ R. C. T, A. B. Society—Marshal, Daniel Mur- phy; Aids, Michael Suilivan, Thomas Bishop; in Second avenue, between Nineteenth and Twentieth strects, right resting on left of the N. Y. B. 8. of Operative Masons. t. Peter's Roman Catholic T. A. B. Society—Marshal, geen nO, in Second a jue, right resting on Twen- jeth street. Immaculate Conception R. C. T. A. B, Society—Mi shal, John Connolly ; Aids, ck Ladiey, Mugh Coy! in second avenue, right resting ou left of St Peter's So- ciety. ‘Transfiguration R. C., A, B, Society—Marshal, Peter Flanuelly; Aids, Charles Patton, Patrick Carey, John Lynch; in'Second avenuo, right resting ou Immaculate Conception 2. ©. T. A. B. Socio! Young Meu’s st. James’ R. C. P. A. B, Rociety—Marshal, John Doolan; Aids, Cornehus Murphy, James E. Staple: ton, Thomas Murptiy in Second avenue, right resting be- tween Kightoenth and Nineteenth streets, ‘St Gabricl’s R. ©. T. A. B. Society—Marshal, John Bul- ger; Aids, John Suilivan, John Johnson; in Second ave- hue, between seventeenth and Eighteenth streets, right esting on lott of Youn Mew's st James’, C. 7, A. i ‘ociety. St. Columba’s R. C, T. A. B, Society—Marshal, Michaol Dunn; Alds, Thomas McConnell, James Carroll’ in See- ond avenue, right resting between Sixteenth ana Seven- teenth streets. St. Bridget’s R. ©. T. A. B. Society—Marshal, Chris- toplier McBarnes; Aids, Hugh Callaghan. Patrick Car- roll; in Second avenue, right resting between Fifteenth and Sixteenth streets, St. Vincent Ferrers R. ©. T. A. B. Society—Marshal, ‘Thomas Dunn; Aids, Daniel McBride, Roger Brennan; in Second avenue, right resting on Fifteenth street, St. Michael's ft. C. T. A. B. Soclety—Marshal, ; in Second avenue, right resting on St. Vincent Ferrer’s Society. Innocents’ R. C. T. A, B. Society—Marshal, James Hol; i. Buckley; Aids, Thomas Coughlan, Martin Bergan ; in econd avenue, between Fourteenth teenth Streets, right resting on left of St. Michael's Society. St. Jerome's BR. . A. B. Society, North New York, Westchester county—Marshal, ; in Second ave- nue, right resting on Fourteenth street: Assumption RK, C. T, A. B. Society, Brooklye manna) ai in Second avenue, between Thirteenth Fourteenth streets. St. Peter's Roman Catholle Benevolont Society, South Brook; in Second aveniie, be- Marshal, —— —— ; tween Twelfth and Thirteenth streets; right resting on left of the Assumption R. ©, T. A. B. society. St, Anthony's R, C. Benevoient Society of Greenpoint, L. [.—Marshal, Patrick Callaghan; in’Second avenue, right resting on St, Peter's Society of South Brooklyn. Father Mathew U. B. 7, A. B. (Parent) Society—Mar- shal, William Wiley; Aids, George B. Gibbs, Carey, Barney McConnell; in Second avenue, right rest- ing on’ Tweltth street. father Mathew U.B. T. A. B. Society, Branch No, 1— Marshal, James Fagan; Aids, James McCormack, Patrick Hollcren; in Second ‘avenue, between Eleventh and Twellth streets, right resting on left of Parent Society. Young Men's Father Mathew U. B.T. A. B. Society, Branch No, | of New York—Marshal, Cornelius Kennedy} Aids, Nicholas Lamb, John McGuire, John Kehoe; in Second avenue, right rezting on Eleventh street. ather No. 2, New York— Mathow T. A, B. Society, Daniel B. Flynn; Aids, Samuel Dennison, Owen in Second avenue, between Ninth and’ Tenth ett of Young Men's Branch, No. 1. ‘ather Mathew . B. Society, No. 3, New York— Marsha! Carthy; Aids, William M. Hinton, Pg urphy ; in Second avenue, right resting on Ninth street. Father Mathew T. A. B. Society, No. 5, New York— Marshal, —- ——; in Second avenue, between Seventh and Eighth streets, rightresting on left of Father Mathew Society, No. 3, Fatler Mathew T. A. B. Society, No. 1, Brookiyn— Marshal, ——j in Second avenue, right resting on Seventn'street. Father Mathew T. A. B. Society, No. 7, Manhattanville— Marshal, —— in Secoad avenue, right resting on Sixth street. Young Men’s Father Mathew T. A. B. Society, No. 3, St. Anthony's church, Greenpoint—Marshal, William Mooney; A Charies Davison, Martin Carroll; in Second avenue, between Fourth and Fitth streets, right eee] on leit of Father Mathew Society, No.7, Manhat- le. tanvi Father Mathew T. A. B. Society, No. 8, Brooklyn, ——; in second avenue, right rest arshal, iug on Fourth street. ‘St. Patrick's Mutual Alliance and Benevolent Associa- tion—Marshal, Peter ‘Aids, Felix Murphy, Jere- miah Healy, timothy O'Brien, T. Murphy, 7. P. O'Brien, k Melville, Michael O’Brien, John’ Mehen, John miah Bush, Martin McCue, M. P. Simon, A. s A. Brennan. St. St. Patrick's Mutual Allinaice, Long Is al, F, Lenty; Aids, Denis 8, Grifin, rthy; in Second avenue, right resting on Third roression will move, at one o'clock precisely, when the §gnal gun will be fired. As soon as the mili- , under command of Colonel James Cav: the rightof the civic bodies, in its order, will fall into columa and march down Second avenue to Second street; up ond street to the Bowery; down the Bowery to Canal; Vanal to Centre; do Jentre to the TET of the City Hall Pai he procession will be reviewed by His Ho! Havemeyer and the Common Counce’ Broadway to Union square, saluting Washington’s Monument; down Ninth avenue to Mayoi thence w and. passing around Fourteenth street to nth avenw irty-fou across Thirty-tourth street to Sec- aven Second avenue to Twenty-third street; down Twenty-third street to First avenue; down First avenue to Eighth street, to Cooper Institute, where the procession will be dismissed. JOHN GILLIGAN, Grand Marshal. THOMAS, RELLY, First Aid. JAMES FLYNN, second Aid, The following gentlemen have been appointed Special Aidsto the Grand Marshal, and will be obeyed and re- spected accordingly i ‘Patrick Duross (First Special Aid), Owen Hunt, James J. Cumiskey, Chas. B. Quinlan, Mictiael O'Reilly, Patrick Crow, James McGarry, Roger’ Gilligan, John’ O'Rei Patritk Casey, John Cosgrove, Michael Roc! Conklin, Jotin McLarney, Edward Blooke, han, 1 O'Neil, B. McGrame, FO y iskey, y, ley, Patrick Cahill, John “Devine, “Thomas Kite, Hugh McGrath, Michael Duffey, John Conway, Patrick Hays, James Healey, Owen’ Coyle, Thomas Reilly, Patrick Cleary, Lawrence Byrnes, Patrick Gi ‘William Clatiey, Hugh Mcsorloy, Michael Manninj 3 Burke, Charles McBarron, John Kerrigan, y, James Dolan, James Mullin, Michael K Martin McGovern, Thomas Connor. N. B.—The aids’ to the Grand Marshal are requested to report to him at his residence, 94 James street, on the morning ef the 17th, at ten o'clock precisely. MUNICIPAL AFFAIRS. paver heir ea CEN BOARD OF SUPERVISORS. Change of the Hour of Mecting—The Twenty-Second Regiment Armory Ques- tion Unsettled—Payment of Assistant District Attorney Allen. Supervisor BILLINGS presented a resolution ask- ing that the Board of Apportionment furnish in detail the particulars of the appropriations for county expenditure. ‘The resolution was adopted, HOUR OF MEETING. The time for the hour of meeting was changed from three o’clock to four o'clock each week, on the motion of Supervisor VAN SCHAICK. COUNSEL H. 0, ALLEN’S FEE FOR SERVICES IN DIS- TRICT ATTORNEY'S OFFICE. The Committee on County Ofices recommended the payment of $2,500 to Mr. H. 0, Allen for six months’ services to the District Attorney, and whieh was recommended to be paid by the Corpo- ration counsel. On the motion of Supervisor } CAFFERTY the report was referred back to the com. mittee. It was aiterwards reconsidered and the resolution was adopted. STENOGRAPHIC TRANSCRIPT OF STOKES’ TRIAL. Mr. J. L. Crosby's bill for $520 for transcript of tes- timony in the first trial of Edward 8, Stokes was ordered to be paid. TWENTY-SECOND REGIMENT ARMORY. A metion of Supervisor VAN Scnatck to take from the tabie the report and resolution as to the armory of the Twenty-second regiment on Four- teenth street was, on a close vote, lost Supervisor MCCAFFERTY moved that of three be appointed, to be nomi President of the Board, to see if that armory could be obtained at less than $20,000, He begged to be excused serving on the committee, and also upon committee on armortes and drill rooms, Supervisor Coorer, a8 chairman of the Commit- tee on Armories and Drill Rooms, strongly sup- ported this resolution. Supervisor Keun urged the adoption of the rego- lution of releasing the building at $20,000, Supervisor MoNnHIMER opposed the resolution and believed that the city ought no’ to give more than $5,000 a year for an armory. It was a shame that palaces skould be taken for armories. He should oppose it, as he had opposed the taking of $2,000,000 worth of ground froin the Reservoir Park for the Seventh regiment, Supervisor MCCAFFERTY sald that the Armory and Drill Room Committee had searched every armory in New York, and he was still of opinion that the truest economy was to release this armory. Alter about three-quarters of an hour spent in campaigning in parliamentary tactics on the above report and resolution, the rules were suspended and the report laid over. The Board then adjourned until Monday next. OOMPTROLLER’S RECEIPTS, Comptroller Green reports the following amounts received yesterday from the different bureaus of collection of taxes and assessments, viz. :— RECEIVER OF TAXES. From taxes, interest and Croton +5 43,551 Ww ‘homas b> COLLECTOR OF ASARSSMRNTS. From assessments for Riverside Park opening, Brosaway widening and other street improve- ments... DANGERS OF THE COAST. Report of the Harbor Commission- ers of Massachusetts. Important Changes of the Sands—Vineyard Haven as a Place of Refuge—Recommenda- tions as to the Enlarging of the An- chorage for Vessels—Cape Cod, Chatham and Monomoy. _ BOSTON, March 8, 1873, The coast of Massachusetts, but more particu- larly that comprising Cape Cod around the Rhode Island line and including the islands, at. tracted the special attention of the Hydrographic Survey, and perhaps there have been, tn the his- tory of Massachusetts or any other portion of the Atlantic coast, few instances of changes on 80 grand a scale as those now in progress at the elbow of Cape Cod and its vicinity. Cape Cod, with its shoals and treacherous sands, undergoing a con- tinual important change, is the dread of the marl- ner, and were it not for the havens of refuge which this arm of land extending into the sea offers, no doubt the record of marine disasters on this por- tion ofthe Atlantic coast would be much larger than it now ts, VINEYARD HAVEN. The thousands of vessels whtch put into Vine- yard Haven every year to escape the dangers of the deep attest the incalculable commercial value of this important harbor of refuge. The annual re- Port of the Harbor Commissioners of Massachu- setts contains a large amount of valuable informa tion concerning the work of surveying the coasts and shoals and the physical changes now going on on the coast, and embraces a fund of valuable facts, historical as weil as otherwise, appertaining to those changes. The want of proper shelter in Vineyard Haven is a subject which has for along time engaged the shipping interests. Reports were current that the harbor had been rapidly fill- ing up, and that the promontories at its mouth, known as “East Chop” and ‘West Chop,’ were wasting away so as to increase the exposure of the anchorage ground. To ascertain precisely the facts upon which such reports might be founded, the Board applied to Professor Peirce, Superin- tendent of the Coast Survey, who immediately or- dered a re-examination of this port, and visited the scene himself as soon as his parties were on the ground. Among other observations made, the following extract from the report made on tne sub- Ject is of especial interest:— The hope of providing shelter for this roadstead issmall. The entrance must not he closed by jet- tees from the Chops, and the building of an isolated breakwater eutside is impracticable because of the great depth of water and the strong tide. The opening of a passage way from the roadstead to the lagoon is entirely practicable, and would not be very expensive, but this lagoon would freeze 1n Winter and remain frozen for long periods, per- haps, In this tn aes as it now exists, without re- moval of its shoals, there are ample depth and area for about forty-two merchant vessels swinging as free asin the roadstead, or quite double that num- ber packed closely, as they could conveniently be in #0 quiet a place. ‘The whole area of the iagoon isa trifle over 400 acres, against 544 acres of roadstead eevas a depth of eighteen feet and upward) in the aven. Relative to the PRESENT CAPACITY OF THE ROADSTEAD, as compared with that shown by former surveys, Professor Mitchell says that since 1845 the four or five fathom curves have moved out toward the Sound. This has resulted from a slight shoaling, probably due to the deposits of sand torn from East and West Chops by the sea, Professor Whiting’s surveys of the past season, compared with those of previous years, show that these two chops are losing ground at their extremities. Within the four fathom line all the submerged contours nave fallen back in more or less degree. As bounded by the six foot curve the cove has retained about its old superficial area; as bounded by the twelve foot curve it has enlarged four acres, and as limited by the eighteen foot curve it has enlarged from 515 acres in 1845 to 544 in 1871, a gain of twenty- nine acres; so that, far from there having taken place any decline of this port, a real improvement has been in progress. Only three first rate men-of-war can be accommodated in the anchorage, and these must occupy the most ex- posed situations. Sixty merchant ships can, how- ever, now find swingroom in the anchorage, against fifty-six in 1845. Of miscellaneous mer- chant vessels comfortably accommodated, the number is now 174, although 200 have been aceom- modated at one time. An examination of the re- port of Professor Whiting, in the Appendix, shows some diversity of opinion between him and Profes- sor Mitchell upon the feasibility of constructing a breakwater at the entrance of Vineyard Haven. The arguments of both these authorities are of great interest and value, and by a comparison of such views, and more thorough investigation upon the points of difference, a result may at last be reached that will be accepted as true by all, but it is suite probable that the subject of a breakwater at the entrance of Vineyard Haven will be brought to the attention of Congress. THE PROBLEM OF IMPROVEMENT, In his report to Professor Peirce, Superintendent United States Coast Survey, Protessor Whiting says, among other things, that along the outside or eastern shore of East Chop the biuff has wasted ‘ay considerably. The limit Jine is now about seventy-five feet back from its line of 1845. This biuff extends north and south for a distance of about four thousand five hundred feet, with an average height of about forty Mati so that a lary amount of material—over thirteen million cubic feet—has been cast into the waters of the sound, to be borne by wave and current action to some other resting place. Immediately within the East Chop, and along the southerly shore of the harbor, quite an increase and advancement of the beach into the harbor has taken place. ‘rhis continues from the point of the chop at the end- ing of the bluff to the most westerly wharf— kaown as Norris’ wharf—about the same distance as that of the extent of the blufts outside. The aver- age distance which this shore has made out is about forty-five feet, representing over three hundred thousand square feet of increased area of beach. Whether this accumulation and deposit of sands is from the material of the bluffs washed down, 80 near at hand, or whether it has come from other sources of supply, Professor Whiting will not pre- sume to say. On the NORTH SIDE OF THE HARBOR, along the shores of the West Chop, considerable change has taken place, The beach at the inner point of the chop has been cut away, but this Waste 18 not so much in gross amount as that on the East Chop. Opposite the lighthouse the waste is not so Fe but along the northern point of the Chop, and opposite the point where the old light- house stood the waste is again larger, and the edge of the bluff is now about where the old lighthouse stood, From the end of the bluil and along the shore of the Sound westwardly from it some increase of beach has taken place. The difficuities in the problem of im- Phe nad of this place of shelter Professor hiting says are intrinsie, The elements of facility and salety, not only of ite id Laat, but of the immediate entrance, must secured. The geo- graphical position and situation of this harbor must not be overlooked, Its proximity to cruisin; junds of difficulty and danger, where fogs previ in Summer and blinding snow storms rage in Win- ter, 18 peculiar. In times of such emergency and tor night entrance and anchorage free and simple access is of vital moment. While the mooring system and the lagoon basin are valuable accessories they are not such advantages as in times of greatest exigency would be practically available. The improvement, there- tore, most needed and most to be desired is AN I80LATED OUTSIDE BREAKWATER. The most serious and uncertain question of im- ery in connection with t! proposition that ofthe strong current, The location of an isolated outside breakwater should be caretully considered in this connection. A suitable location for a breakwater can be sound where the purrent ‘will not exceed two miles per hour. This velocity, with good bottom, 1s not so great a8 to give appre- hension of mucu danger to such astructure. The alignment of a breakwater should be in a direction conlorming as nearly a8 possible to the main direc- tion of the currents, particularly in the northwest- erly part of it, where they are the strongest. In exieniling the breakwater southeasterly it will reach ant und where the currents are of less velecity, and where they will probably have no injari influence, The particuiar depth in which the suggested breakwater shonid be located ranges from about eight to five fathoms, or at its northwesterly end about fifty feet and its southeasterly end about thirty fect, at high water. This depth, with the length of struc- ture, about two miles, or say about ten thousand feet, required to give full protection to the wide opening of the present roadstead is, of course, @ structure of great magnitude, but when compared with other great breakwaters ita dimensions are notextreme. The structure corresponding most nearly to the one suggested is that of the isolated breakwater at Portland, England, It ean be said on the side of economy in our case that botn ot the Vineyard Sound abound in material. Boulders of every size can be found in positions favorable for ay transportation by every practicable A HARBOR INSTEAD OF A ROADSTRAD. The area Weuld be all first class anchor- age. In o words, if the harbor has Dow, aa Professor Mitchell states, an Soneraee area of S44 acres. it will contain witl the breakwater an area sand five hundred a what Professor Mitchell sae most of ‘th ~ jon 0! e great breakwate! this one will be withis the general shelter of Nan- tucket Sound, where no ocean swell leaves in, and where the action of a short running sea needs only to be broken to make the anchorage inside the breakwater secure; and as the direction of exposure and of violent storm waves is only from the eastward no heavy sea can break upon the structure except in af oblique direction. whick favors its resisting power in its own stability and in breaking up a running sea. The northerly open. ing to the harbor, as proposed, will be about one mille in width between the point of the West Chep and the northwesterly end of the breakwater. Outside of the eighteen fect line the width of ing will be about three-quarters of le. southern opening will be a longer entrance, with » width from shore to breakwater of about half mile—outside the eighteen feet line about one-third of a mile, or, 500 feet, These widths, with lights on either Chop and at either end of the break- water, will make the entrance safe and practicable in the darkest night. This distance from the island shore gives ample room for tidal circulation both in preventing the accumulation of ice or drift de- posit. This is a vital and indispensable condition essential to the successful accomplishment of the scheme of the improvement. THE NAUSETT BEACH, The Nausett, Beach, which 18 a strip of outlying sands parallel to the main shore, Bas been fer some years wasting id and seems finally to be bee nen up in front of the town of Chatham. The since 1871, especially, have been import- ant, and no doubt have some connection with the movements of the beaches and shoals at the en- trance of Nantucket Sound, where seme of the channels have recently undergone great changes. Professor Mitchell’s report shows the literal cordon of sand which acts as a bulwark to thia part of Cape Cod has, at least once before, 2 up in this neighborh but that the main laad suffered very little from the attacks ef the sea be- tween 1606 and 1847. The Minot’s gale of 1851 made the first impertant inroad, and at that time Ram Island and ether pentare lands fell a prey to the sea. The gale of 1871 also tore the borders of these uplands. Near the lightheuse the brow of the biuif has fallen back a hundred feet within a few months. The report furnishes a table of areas of the beach infront of Chatham from surveys ef 1847, 1868 and 1872, from which it appears that be- tween the first two dates a loss of sixty-three per cent took place, an ly one-half of the re- mainder of the section disappeared between the last two dates. While these changes have been oing on about Chatham the peninsula or island of jonomoy has been extending itself southward into Nantucket Sound, adding about a half a mile of dry 1and to the joint within fifteen years. Protes- sor Mitchell predicts that a new lignt and a BnUharage ground will be one of the uitimate effects of the natural mevements now in progress in this vicinity. The results of the hydrographia survey of the shoals and channels off Monomoy are bot yet in such a shape that safe conclusions a8 te the amount of change can be stated. Tuis work will be continued another season, NANTUCKET HARBOR AND THE HAULOVER. The opening of a passage way trom Nantucket harbor to the sea through the beach known as the Haulover, is strongly recommended by fessor Whiting. He conceives that this beach, even if creation of the sea, was formed prior to the exist- ence of Great Point and Coatoe, which encloses the bor, and that the tidal conditions are se changed that there is reasonable ground for sup- osing that the tidal currents will maintain am let. Intelligent citizens of Nantucket hold the opinion that the Haulover beach was a remnant of the drift formation and not a creation of the sea, ana Protessor Whiting found the mass of the beach had moved in a eperog of twenty-eight years. The outer face had been worn away an@® the beach made narrower. FORMATION OF MONOMOY. Des Barrie’s map of 1764 Monomoy appears: as a peninsula, extending southward from the maim jand. The theory of the Coast Survey now is that Monomoy is a projection of the literal cordon an® has evidently been built of material torn from the Cape shore and its seaward aproning, under the attacks of a northeast sea, and is therefore ve S modern i. 5 geological sense. dyappears asa angular shoal or upon Champlain’s A century later it opeerecupom the chart of tae English Coast Pilot as a Le Bek broad island, and in the sailing directions it is said to lie ‘from the tall of the Horseshoe about nine leagues E. N. E.’* Its point now lies northeast by east half east (true), eleven and three-quarter miles from the game place, As no part of Menomoy could ke seem from the Horseshoe, and as the distance was @ mat- ter of longitude, it is not remarkable that the esti- mate should be very wild. Since 1853 Momomoy has been advancing with great rapidity into Nantucket. Sound, the point moving out at the rate of 138 feet per annum between 1853 and 1856, and 167 feet per annum between 1856 and 1868. Like Sandy Hook, @ similar fermation at the mouth of New York harbor, this peninsula of Monomoy seems te have made alternately various-changes in its progress seaward. In our boyhood days the Powder Hole ‘was considered a very valuable harbor of refuge. ere is a popular legend co! gm island which ee ‘out to off Chatham which de- serves mentien in this correspendence. It runs thus:—When the English first settled upon Cape Cod there was an island off Chatham, three leagues distant, called Webb's Isiand, containing twenty acres, covered with red cedar er savin. The in- habitants of Nantucket used to carry wood frem it. This island has been wholly washed away for almost @ century. A large rock that waa upon the island, and which settled as the eartts washed away, now marks the piace. It rises as much abeve the bottom of the sea as it used to rise above the surface of theground, The water is six fathoms deep on this spot. The English Coast Pilot, 1707, has a map of Namtucket Sound an@ Shoals, which contains the name of “Webb's Island,” extending from the flats below Chatham. Ne island is represented or any sheal und except the flats aforesaid. There io mention 1s made of it in the sailing directions. ids off the point of Monomoy islands” on this chart which do not exist, but whose sites are dangerous shoals to-day. Champlain’s map of “Nouvelle Franse” does not ere his island, although his oMfcers made two down the coast of Cape Cod, and on the sec- ond passed this place a league and a half off shore. These officers speak of eet gin and other bine but do not mention what, if it had existed, wot have been represented by them as a terror, THE HAY-MOW MYSTERY EX PLODED. A Wild Search for the Murderer of Gra ham at Little Neck=—A “Crowner’s Quest,” a Sharp District Attorney and a New York Detective at Work—The Body Clearly Described as That of John B: re The entire north shore of Long Island has been more or less excited for days, owing to the discov- ery in the barn of a farmer named Anderson at Newtown of the body of an unknown man, who, it was upposed, had starved himself to death. The body was found on Saturday merning in the barn, which is isolated, and was sent to Huater’s Point, where Coroner Tukesbury has jurisdiction. This Official allowed it te go into the possession of am undertaker, who has kept it ever since im ® shed, without a guard over it, and permit- ted general admission to it. A HERALD reporter yesterday examined the remains, which were fully described in Sunday’s HERALD. The Coroner seemed to have been at sea, and has not yet or- dered a post-mortem of the body. District Attorney Dewning, of the county, and Detective Philip Reilley, suspecting that the un- known body was that of the marderer of Graham, of Little Neck, foi have beem working on this clew, Nabentin) log son, he ance yester Fn Dame ‘bernard ‘Weinkeim, who stated to the Cor- oner that a man answering the description of de- ceased (as published in the H&RALD ef Sundayp worked for him from June 8 until late in Decem- ber. Mr. Weinkeim says that the man, who gave the name of John Bauer, while in his employ was @ faithfal servant up to thelast month, when he took to drinking and betrayed symptoms of insanity. He (Mr. Wein! we bee A him of, and gave him over eighty dollars. man left and ordered his box (trunk) to be sent toa German restaurant at jeld, amile below Newtown. Mr. Weinkeim far- ther stated to the Coroner that he had learned frons Bauer that he had secured from hts wife, while im Germany, ivorce, and had settled 14,000 guilders upon her and her,three chtidren. He gave a descrip- tien of the man in his employ, which corresponded with the man found in the hay mow, and requested the Coroner to alow him to go down to Hunter's Point and identify the body. Coroner Tukesbury failed to give such a sion, and at four o'clock yesterday he called the jurers together, when District Attorney Dot made certain suggestions and virtually abandon the case to the custody of the “Crowner,” whe finaliy, after taking the evidence of a saloom keeper named Rice, adjourned the inquiry until to-day. Detective Reilly, who has a special permit from the Police Commissioners to work outside of the county of New York, last evening returned te the city, satisfied that the mysterious body is that of Bauer, who cannot in aay way be connected with the Little Neck murder, AMUD MONUMENT. In Memoriam Thorne. The following epitaph was to be seen on top ef @ mound of ice and mud, near broadway and Canal street, on Sunday morning :— citizens, do not meurn his | be pey the streets attompt wocrosy Foe he dud most fully prove Girt be never could remove.