The New York Herald Newspaper, March 12, 1873, Page 4

4 NEW YORK HERALD, WEDN THE COURTS. GOLD, BONDS AND MORTGAGES TRANSFERS. A Complicated but Important Suit in Bank- ruptey—Loans of Gold and Transfers of Bonds and Mortgages—De- cision by Judge Blatchford, TRIALS OF MURDERERS. All Oases of Homicide To Be Oleared from ‘the Oalendar—Judge Brady Going to Fight It Out on This Line if It Takes All Summer—Trial of Charles Oordes to Commence in the Oyer and Terminer To-Day. ‘ TION, A SABBATH DAY Q Penalty of Not Appearing for Trial on Sunday—Expelled from a Benevo- lent Society on Account of It—Case in the Courts. BROADWAY IN WINTER. Bemoving the Snow and Ice---What It Costs-- Verdict Against the City. ° IN THE OTHER COURTS. eee The McIntyre Divorce Suit in Court Again— Stolen Diamonds and a Suit to Recover—Ac- tion on an Alleged Commission Contract— Business in the General Sessions, Yesterday Joseph Gonzalez and Gabriel Liebert, 205 Elm street, who had been charged before Com- missioner Shields with manufacturing and selling cigars which had not been properly stamped, were discharged, the Commissioner holding that there ‘was no evidence to bring home the offence to the accused. Yesterday, in the equity suit of George C. Collins and Harvey Farrington, assignees in bankruptcy of John Murdock Mackay and John Nei:son, vs. John Murdock Mackay, John Nellson, Richard Bell and Frederick Gundy, Judge Blatchford rendered a decision directing the entry of @ decree for the plaintiffs, with costs, Judge Benedict will open the Criminal Term of the United States Circuit Court for this district at eleven o'clock this morning. An interesting case was argued yesterday before the Supreme Court Gencral Term, Judges Ingraham. and Davis on the bench, touching the right of a benevolent society to expel a member because he would not, in answer to charges preferred against him, appear for trialon Sunday, The ground taken against the society was that the society can neither try nor expel a member on Sunday, as such pro- ceedings would be in violation of both the State and federal constitutions. An intimation from the Court did not javor this theery; but it was ques- tioned whether the non-appearance of the member for trial was justifiable greund for his expulston. it was expected that King, the alleged murderer of O'Neil, would be called up for trial yesterday at the Court of Oyer and Terminer, put for some un- explained reason the case did not appear on the calendar. The cases ef several other alleged mar- derers were called, and it was finally arranged to commence this morning the trial of Charles Cordes, ‘charged with the killing of John Dann in Nevem- ber last, In the Stemler-McGuire suit, touching the qnes- tion as to which was elected Judge of the Seventh District Civil Court, which ison trial before Judge Van Brunt, holding Supreme Court Circuit, an ad- journment took place from yesterday till next Mon- day, owing to the absence of material witnesses. Acase growing out ef one of the old contracts for clearing Broadway of snow and ice, made with Jebn B. Leverich, was tried yesterday before Judge Van Brunt, of the Supreme Court. The claim was Jor ten days’ work and resulted ima verdict, by order of the Court, for $36,049, being the full amount claimed with interest. The Mcintyre divorce sult 1s again being venti- lated in the Courts, It came up yesterday before Judge Robinson, holding special term of the Court of Common Pleas, on @ motion to confirm the referee's report, The case comes up for a further hearing this morning. IMPORTANT IN BANKRUPTCY. 4 Complicated but Interesting Suit— Loans of Gold and Transfers of Bonds and Mortgages—Decision by Judge Blatchford, Judge Blatchford has rendered his decision in the case of George C. Collins and Harvey Farring- fou, assignees in bankruptcy of John Murdock Mackay amd Jenn Neilson, vs. Jonn Murdock Mackay, Joun Neilson, Richard Bell and Frederick Gundy. His Honor states that the substance otf the bill 1s that prior to December 7, 1868, J, M. Mackay & Co. had in their possession four premis- sory notes, made by Olyphant & Co., of China, amounting in the aggregate to $16,177 40; that prior te December 7, 1868, John Neilson owned certain real estate in Jersey City; that on December 7, 1363, and tor some time befere J. M. Mackay & Co. were insolvent; that in November and December, 1868, they were ‘owing the detend- ants, Bell & Gundy, $73,600 for gold borrowed, nd were indebted to other creditors in more than 000; that in December, 1968, Join Maxwell ckay, whe was t partner of John Murdock Mackay, and who mai ed the preperty of Joun M, Mackay & Co., induced Nelison and his wile to exe- cute to him, without cousideration, a mortgage upon the said real estate for $20,000, dated Decem- ber 5, 1868, and payabie five years trom date; that this mortgage was duly recorded December 11, 1868, the elder Mackay acting jor the firm, and with its consent and knowing or having reason- able cause to believe that it was iusolvent, assigned the mortgage, the bond accempanying | it and the notes of Olyphant Co. to Bell & Gundy, the mortgage being assigned by an instrument ex- ecutea by the elder Mackay, dated December 5, 1868, and recorded December 11, 1868; that at the time uf the transfer of the bond, the mortgage a the notes, Bell & Gundy parted with no new con- sideration therefor, and the transfer was not in ‘the usual course of business of J. Mackay & Co., but the securities were transferred as security in part of the said indebtedness to Bell & Gundy; and that at the time of sach transfer J. M. Mackay & o. were insolvent, and the transfer was made with a view to give a preference to Bell & Gundy over the other creditors of J. M, Mackay & Co. The petition or prayer of the bill is that the mortgage and its assignment may be declared nuil and void as against the plaintiffs; that the real estate referred to in the mortgage may be decreed to have vested in the plaintiffs free of the lien of the mortgage, and that Bell & Gundy Lyf be de- creed to sutisty and cancel the mortgage of record, OF assign it to the plaintiffs, and pay over to them the proceeds realized by them from the saie of the notes of Olyphant & Co, ‘The auswer to the bill is to the effect that on De- cember 7, 1563, J. M. Mackay & Co. were, ap- parently, and, in fact, so far as Bell & Gundy then new, solvent; that said firm was then carryin, On {ts business in the usual manner, and continued to do 80 for some days thereafter; that Jor several years previous to December, 1868, Bell & Gundy had many and large business trans- actions with J, M. MacKay & Co., in most of which the elder Mackay had acted for the firm; that Bell & Gundy believed that he was a partner therein and the principal member thereoi, and that the other partner and the enly one was the younger Mackay, they having no knowledge or suspicion that Netison Was @ partner, never having heard so until the filing of the petition in bankrupte the mortgage from Neilson and his wife to the elder Mackay and the bond ht en gente | it were executed with the view that the elder Mackay should dispose of them for the benefit of the frm 4M its busiuess; that the bond. the mortgage and_ that | tne notes were transferred to Bell & Gundy for a valuable consideration giver by them at the time o1 the transfer and i” the usual course of business of Bell & Gundy and J, M. Mackay & Co.; that Bell & Gundy had, for a long time prior to Decem- ber 7, 1868, made to J. M. Mackay & Co. many loans of gold coin to large amounts for sh riods and on collaterals of various descriptioas farnished for each loan; that fer seme of such leans J, M. Mackay & Ce. gave to Bell & Gundy their check on the bank in Which their account was kept for @ sufficient amount in currency to secure the return of such gold at its market rate, and checks were deposited by Bell & Gundy with their bank and collected, and the amount received there- fer in currency retained by Bell & Gundy until the gold coin had Keen repaid; that on peceineer (Aa the elder Mackay, acting for J. M. Mackay, aske Bell & Gundy to loan to J. M. Mackay & Co. $26,000 in gold coin on the security of current funds; that Bell & Gundy, having no reason to believe that J. M. Mackay & Co, were insolvent er in pecuniary difficulty, leaned to them $26,000 in gold coin, and received as security therefor their check dated and payable on that day on the Second National Bank of Jersey City for $35,620 Sarrepey that about an hour after- wards J. M. Mackay & sent through the elder Mackay to Bell & Gundy the said bond, mortgage and notes, and stated they were alittle short of money thatday and wished Beil & Gundy to substi- tute the bond, mortgage and notes as security for the loan in place of the current funds, and repre- sented the bound and mortgage to be good security for the amount thereol, and a first mortgage on the property; that Bell & Gundy aecepted them, with the assignment thereof from the elder Mi and the notes of Olyphant & Co., and withdrew, cancelled and delivered up to J. M, ntser & Co, thelr check for the loan, which hi not been presented at the on which it was drawn; that J. M. Mackay & Ce. had then in their bands current funds, ep earce ef the geld tha tday loaned to them by Bell & Gundy toa much reater amount than was necessary to make their ank account good Jor the payment of the check, and would have done so if Beil & Gundy had de- clined to make such exchange of securities; that during the afternoon ef that day, and some ti after such exchange of securities had been mad er some checks of J. M., Mackay & Co., which ha been given by them two days before to Bell & Gundy, drawn on the said bank in Jersey City, and which were on the day deposited in their bank for collectien, and which they believed to have becn paid, were returned to them unpaid. On the state.of facts set orth above Judge Blatchford yesterday directed the entry of a decree for the plalntitfs, with costs, MURDER TRIALS. All Cases of Homicide To Be Cleared from the Calendar—Trial of Charles Cordes To Commence To-Day in the Oyer and Terminer—Medical Examina. tion as to the Sanity of Bleakley—A Murderer Who Is Not Insane. At the reassembling yesterday morning of the Court of Oyer and Terminer—Judge Brady on the bench—there was the same large crowd in attend- ance as during the progress oi the late Scannell trial. Aside from the general morbid curiosity that always attracts se many to a murder trial, it was the general expectation that King, the alleged murderer of O’Neill, would be placed on trial, it having been announced when the trial of Scannell began that his trial would immediately follow. The case of King, however, was not called, This omission, the reason of which, though unexplained, no doubt could be satisfactorily explained if at all necessary, did net leave the Court, though, without business, Plenty of indicted murderers are still confined in the City Prison awaiting trial. As it was, there was mo jury, so the only thing that could be done was the calling of the cases of several and arranging for the speedy trial of ove of them. CASE OF CHARLES CORDES. This was the first case cailed. Cordes, as will be remembered, is indicted for the murder, in Novem- ber last, in Hudson street, ef Joan Donn, the killing growing out, as alleged, of a dispute in regard te the Franco-German war, Mr. William F. Howe, counsel for Cordes, said that he was prepared to proceed with the trial at once, but as there was no jury present it would be impossible, of course, to commence the trial till a Jury was in attendance. Mr. Lyons, Assistant District Attorney, said there would be a jury the next day. “[ will be ready then,” remarked Mr. Howe, and the trlal was accordingly set down jor this morn- ing. * THE MAUD MERRILL MURDER. The particulars of the taking of the life ef Maud Merrill by Robert Bleakley, her uncle, in January last, at a disreputable house in Neilson place, are still fresh in the public memory. Mr. Lyons suggested that the trial of Bleakley be saiered apon immediately following tie trial of Cordes, Mr. Howe stated that he appeared: also for Bleakley, but he felt it his duty te ask a postpone- ment of the trial for the present. This case, he continued, assumed a peculiar phase. The prisoner insisted tuat he was periectly sane, but from his interviews with bim he was periectly satisfied in his own mind that he was insane. Bleakley found that he was a persecuted martyr, and, cane & Teligious fanatic, imagined that it was is duty to kill his niece en account ef her leading a life of shame. We asked the Court to depute two physicians to examine into his mental condition, and before the trial report on his sanity, and thus save the time, trouble and expense of a prolenged trial. He added turther that he desired & postponement, as during all next week he would probably be engaged in the Court of General Ses- sions, in the trial of Heggi, charged with poisoning Seigfried. Heggi had already been some fifteen months a prisoner in the Tombs, and as ke had only recently succeeded in getting the case on the calendar for trial he was very anxious that nothing should intervene te cempel its postponement. Judge Brady said he coincided with the sugges- tion of Mr. Howe as to @ medical examination into the mental conditien ef cere and said he would appoint two physicians for this purpose, and meantime let the case remain in statu quo, THE PHYFFER MURDER. Some remarks ensued as to the disposition to be made o/ the case of Michael Nixon, accused of the murder of Charles Phyifer in Chatham square, “What defence do you propose to make in this case,”’ Mr. Howe, Wko also appeared for Nixoa, was asked, mane one of insanity,” promptly apswered Mr. lowe. “That's a great reliefte the Court,” remarked Judge Brady. . OTHER MURDERS. In the case of Nixon, as in the case of Fitzpatrick, Gibbons, Schieffelin and ether mdicted murder- ers, whose names appeared on the calendar—for all of whom Mr. Hewe Ls) aotenpedge Brady directed Mr. Howe to consult witm the trict Attorney and arrange for the times of their trials, He was desirous to get through the calendar as speedily as possible, and was still firm in kis determination to protract the term for months longer it neces- a, teclear from the calendar all cases of homi- eide. SUNDAY ADJUDICATIONS, Expelling = Mcmber from a Benevolent Society Because He Would Not Appear for Trial on Sunday=The Case in the Courts. There isa society in this city which might very preperly be designated the Alphabetical Society, its initial letters being Y. M. F. M, U. B. T. A. B, So- ciety, Branch I, Mathew Corrigan was a member of this society. Speaking seriously, fer no disre- spect is meant to the Society, this is one of the most widely known benevolent societies of this city, and, with its large enrolment of members, has been the medium of widely disseminated benevo- lence. Mr. Corrigan, however, got into diMeulty in some way, and in reply to charges made against him Was summoned to appear on Sunday, June 2, 1872, for trial, He refused to go to trial on Sunday, and the result was that he was expelled through default In making his appearance. Fol- lowing his expulsion an order te show cause was granted by Judge Barrett why a mandamus sheula uot issue against the society, directing his re- instatement, Judge Barrett decided that he was legally tried amd expelled, and on this account he refused to grant the mandamus, An appeal Was taken from this decision to the Supreme Court, General Term, and the case came ap for argument yesterday in this Court, Judges Ingraham and Da- vis being on the beneh, Mr. Matthew P. Breen opened the argument. fe insisted that by the act of 1848 fer the incorpora- tion of benevolent societies, in conformity with Which the abeve seciety was incorporated, ne authority is given two such societies to transact business on Sundays; but, on the contrary, that it is deciared that ali their rules and regi ns for geverament must be subservient to the laws of the tate and of the United States. He further urged yy the cemmon law all judicial proceedings are prohibited on Sunday, and this expulsion, being on Sunday, was illegal and void, Colonel (, Spencer, In reply, contended that Cor- rigan, in joining the society, made himself amena- ble to its laws in meeting on Sunday, and also that, this being a benevolent and sémi-religious organi- gation, its meetings on Sunday were eminently roper. He reierred to Christ healing the sick on Binaay, and claimed that no higher authority on this point was needed than this, Judge Davis said that the Court had no doubt of the question as te the propriety of the association meeting on Eencey, ut that the questien was whether the expulsion was legal by deiault. On this point the Court reserved its decision, SNOW IN BROADWAY. Another Item of the City Expense Ac- count—What the City Has to Pay for Keeping Broadway Clear of Snow di Tee for Ten Days. In November, 1868, John B. Leverich entered into & Contract with the Mayor, Comptroller and Sweet Commissioner for keeping Broadway during that Winter clear of snow and ice. He performed the work and got his pay, The contract was renewed for the uext Winter and the pay was forthcoming all right, and so for the next Winter until alter the 1st of February, when pay was stopped. He ceased work on the 10th of Febru, wy 1871, and presented his bill against the city for this period, amounting to $51, 800. On account of refusal to pay, Mr, Lev- erich brought a sult against the Corporation te compel payment of the amount, The case came on for trial yesterday before Judge Van Brunt, holding Supreme Court Circuit. ‘The testimony on behalf of the plaintiff disclosed the facts as stated above, as also the Jurther fact that the Commissioners had certified the correct- ness of the amount of the claim. Onbehalf of the city there was sutstantially no defence, Mr, Dean, Assistant Corporation Counsel, insisted, however, that the Commissioners, having an independent statutory duty to perform, could not bind the city in a general liability to pay under the terms of the contract, ia delence evidently had no weight with the Judge, as he directed a verdict for $36,049, being the full amount claimed, with interest. BUSINESS IN THE OTHER COURTS. | COURT OF COXMON PLEAS—SPECIAL TERM. The MecImtyre Divorce Case Again in Ceurt. Before Judge Robinson. The particulars of the Mcintyre divorce case hav- ing already been fully published in the Heraun, it is unnecessary to give tne facts again in detail, She was young and beautiful, and had just com- pleted her education at the Convent o/ St. Vincent, He was some ten years older, and, being a magn of wealth—through success in building he acquired his wealtn—took her after their marriage toa finely furnished residence in West Forty-sixth street. Her story is that in less than two months he attempted to sirangie her, and that to escape furtner violence at his hands she was obli take refuge in her father’s house. Keconciliation fellowed reconciliatien, and still his ungovernable temper weuld get the mastery of him, till, when she could forgive him no Yonger, she brought a suit for divorce on the ground ofcrucity. This suit was abandoned, how- ever, and another suit instituted, charging bim with adultery, and asking a divorce on this ground. ‘The matter was sent beiore @ referee. This reteree reported that the charge ef adultery was proven; strated with Murphy that a decree ef divorce should be gramted an se alimot lowed Mrs. McIntyre. One of his indi of was that Mcintyre was worth $50, and that pretended conveyanc his to brother of his pre perty were invalid. The confirma- tion ef this report was opposed on the ground that Mr, McIntyre was unaware that the question of adultery was bei the referee. The case was argued at length yesterday in this Court. Amm- davits were also Dall showing that Mr. Mc- Intyre was present when the evidence as to the adultery was given, ard that the counsel expressly stated in his presence that they had no defence to make to this charge. The case will be argued this morning at further length. MARINE COURT—PART 1. A Suit to Recover the Value of Stolen Diamonds. Before Judge Gross, Marie L, Carter vs. James Clute.—The plaintiff, in the latter part of December last, had stolen from her a pair of diamond earrings, purchased at Tif- fany’s for $600, Suspicion fell upon a Mr, Weneke, who boarded in the same house with plaintif’s mother, and while there abstracted from plain- tif’s wardrobe the diamonds, and dispesed of the centre stone of one of them to the defendant, a broker at 206 Broadway, for $75, and the stones from the ether earring in a store in Fulten street. After spending the proceeds young Wencke became penitent, coniéssed his sin, and went with the laintiff to point out the places where he had sold he diamon The defendant's statement is that he made the purchase innocently, and A dis- pesed of the stene next day fer $105; that the plaiatif® called on him, when he acknowledged to her that he had purchased auch a stone as she described, and thep agreed to obtain another tor her of the same quantity and size ter $75. Mr. McNamara, counsel for plaintiff, argued that the doctrine of markets overt under which the delendant sought to defend himselt did net apply in this country, and that no purchaser, however faithfully acting, could deprive the true owner ofa title to property. Considerable feeling was mani- tested by counsel on either side in the trial of the case, and one of the jurors, becoming indignant at the defendant's counsel's cross-examinatien of the yd calied him to order and rebuked him for ‘is Impertinence. Verdict in favor of plaintiff for amount claimed. Action to Recover Commission on an Alleged Contratt. Francis O’Conner vs. Joshua B, Gates.—The de- fendant in this action for about ten years occupied the position of general agent to the United States Life Insurance Company for the State of New York and part of New Jersey, besides having the right to solicit business as an ordinary agent over the same territory. In both of these capacities he received commissions, in the former on all the policies is- sued paying commissions within his jurisdiction. At tke end of each month accounts were made up between tne different agents and the company. ‘The plaintiff is and has been the accountant of the same company, and claims that, about the end of October, 1869, the defendant, being in poor health and somewhat dissatisfied with the way in which his accounts were made up, entered {nto an agree- ment with him to prepare his accounts at the end of each meath, engaging to pay him for the service five per cent of the amount of commissions therein stated. Plaintit’s testimony is that this agreement was made with defendant's son, Frank- lin, and alterwards confirmed. ‘The then President of the company was called, and testified to giving plaintiff permission to actin this capacity out of hg hours, but knew nothing as to the compensa- jon. On the part of the defence was read the deposi- tion of the defendant, who 1s 80 ill as to be com- pelied to live South during the Winter. He utterly denies any such agreement, claiming that the ac- counts made up by plaintift were wholly in the per- formance of his duty toward the company. Defend- ant’s sen, being dead, could throw no light om the case. ‘The amount ef commissions embraced in the ac- counts on which plaintif claims, running from November, 1869, to January, 1871, 18 $20,000, en which the five per cent would be $1,000, Decision reserved, SUPREME COURT—CHAMBERS. Decisions. Boulger vs. Williams.—Order of reference granted. In the matter, &c., of J. Jaimerty.—Report con- firmed, except as modified by order, and order as to surplus granted. Coe vs, Coe.—Report confirmed and judgment of divorce grauted and amount of alimony decreed, ae Custody of the infant child given to the plain- Ferran vs. Hull.—The time of the entry of the judgment is not stated, nor whether an execution against the person has been issued or not. The Court wishes to know these facts. Mannheimer vs. Buig and others.—Report con- firmed and order granted. Hoffman Fire Insurance Company vs. Willard et al.—Judgment granted. Underhill v8. Brown.—Same. By Judge Davis, Dickte vs. Dickie.—Motien denied in part as marked on the margin of the notice. The People, &c., Cavanagh vs. Board of Appor- tionment and Audit Jpon the return herein the writ must be dismissed. Let an order to that effect be entered unless relator within ten days demur to the last revurn or take issue therein, or both as he may be advised. SUPERIOR’ COURT—SPECIAL TENM. Decisions, By Judge Van Vorst, Haynes va. Stoltz.—Order granted. Hassard vs. Hassard.—Judgment for divorce granted in favor of plaintitt. ieee vs. Fredericks.—Order denying mo- jon. Lake vs, Rikins.—Order that money depesited in ‘Heu of bail be applied by the Clerk towards satis- faction of judgment. Reid vs, Martin.—Order granted. Dougherty vs. Pallaton.—Motion granted and reference ordered. Lord vs, Davison.—Order vacating judgment. Krause Gwinger.—Order granted, ‘Tracy vs. Challis,—Same. COURT OF GENERAL SESSIONS, Adjournment of the Second Part—Three Murder Cases To Be Tried This Mouth. Before Judge Sutherland, At the opening of the Court yesterday Assistant District Attorney Russell stated to the City Judge and Recorder Hackett (who was on the Bench) that an order was made to hold a sec- ond branch of the Court, but owing to some mis- understanding about where the Court woula be neld the District Atterney’s office bad net nee pared any business for that day. Mr, Russell fur- ther said that there was no great public necessity for Roldi second branch, that the City Prison joners at present than it had had id that it was the purpose of the office to try the only three indictments fer homicide in the Sessions this term, which were the cases of Heggi, Rosenzweig and Sharkey. The Recorder directed the Clerk to adjourn Part Second. An additional pane! of jurors will be summoned for Part First in View of these homicide triais, Is Patrick Leavy, Who Killed His Wife, Insane? Patrick Leavy, charged with manslaughter in —U the Lunatic Asylum upon the certificate of a phy- sician, and shortly after he got out killed his wite by striking her on the head with asaw. He (the counsel) wishes Ju to examine the wit- nesses who were in attendance as to the prisoner's insanity, and send him back to the Asylum, Judge putherland examined the daughter of the prisoner and two physicians, and, not being fully satisfied to the insanity of the accused, had him re- manded, and requested Assistant District Attorney Kollins to have a reliable physician examine Leavy. A Shooting Case. John Murphy was tried and convicted ef felonious assault and battery. The testimony was that on the 26th of February, when in a blacksmith’s shop at 514 East Sixteenth street, Michael Green remon- for an impreper act, where- upon he drew a loaded revolver and fired it. Fortu- nateiy the shot did not take effect. Judge Suther- lana 6entenced the prisoner te the State Prisen for seven years, On Monday Murphy pleaded guilty to assault and battery, the ett being that he at- tempted to shoot another citizen, and upon that plea he was sentenced to the Penitentiary for one year, Larcenties, Francis Brady pleaded guilty to petty larceny from the person, the indictment charging that on the 14th of February he stole a watch worth $28 from Michael] Larkin. The prisoner was sent to the State Prison for four years aud six menths, John Brady, wao on the 25th ef February snatched @ satohel from Mrs, Waterbury, which contained $46, pleaded ity, and was sentenced to the State Prison for three years and six months. , David Townsend, who on the 30th of November stole sixty pounds of wool, L ty of Frederick S. Fairchild, pleaded fa petty larceny. Two mouths in the Penitentary was the sentence, Acquittals. Owem Clark, charged with cutting Themas Reynolds in the face with a knife on the 10th of December, was tried and acquitted. The accused, & respectable and quiet old man, proved that the complainant assaulted him and that in protecting himseli he scratched Reynolds in the face with a horse shoe nail. John O'Conor and Charlies Hessler, indicted for burglary in the third degree, were also promptly acquitted, lt appeared irom the evidence that on the night of the 2ist of February the hat factory of Nevin, Brown & Hall was broken into and $100 worth of material stelen, The only evidence against O'Connor was that be kept a liquer store and that some parties unknewn to him leit a valise behind the bar which contained a portion of the stolen property. Joseph Puller was also declared not lity of a charge of embezzling $56 trom George Mowatt, a teamster in the employ of the Department of Public Werks, The accased admitted that he drew the money, but get on a spree and must have lost it. COURT CALENBARS—THIS DAY. SUPREME CourT—CnAMBERS—Held by Jud; Fancher.—Nos, 53, 65, 69, 75, 89, 90, 112, 113, 114, 120, 122, 130, 141, 143, 144, 152, 163, 170, 178, 180, 181; 190, 198, 216, 227, 244, 245, pr SUPREME CouRT—OinouiT—TgIAL TERM— Part 1— Held i judge Barrett.—Nos, 483, 993, 881, 957, 1821, 14534, 305, 677, 739, 77334, 77544, 817, 861, 91334, 917, 941, 1007, 1015, 1019, 1305. Part 2—Held py Judge Van Brunt.—Nos. 168, , 714, 73034, 176, 910, 942, 100s, 126 1816, 998, 1026,’ 75444, 1896, 1080, 688 34° 4 . SUPREME CouRT—SPECcIAL TERM—Held by Judge Mullen.—Law and fact—Nos. 148, 108, 121, 36, 123, 135, 167, 176, 177, 178, 119, 180 to 193, incluatve. SUPREME COURT—GENERAL TERM—Held by Judges Ingraham and Davis.—Nos. 26, 186, 137, 138, 134, 138, 145, 148, 149, 150, 156, 157, 171, 176, 179, 181, 182, 183, 185, 186, 187, 188, 189, 190, 191, CouRT OF COMMON PLEAS—TRIAL TERM—Part 1— Held by Judge Larremore.—Nos. 1695, 1913, 1598, 1930, 1680, 1874, 1936, 1912, 1821, 1528, 1411, 1012, 1600, 8103, 1896. SUPERIOR CouRT—TRIAL TERM—Part 1—Held by eT Barbour.—Nos, 2235, 2026, 1931, 257, 1799, 161, 2031, 479, 1053, 815, 1945, 1 1987, 1275, 1231, ia gh ay Yate Se ak , are’ 206, 298, a MaRINE CournT—TRIAL TEaRM—Part 1—Held by Judge Gross.—Nos. 1364, 1600, 2176, 1476, 1490, 1496, 1460, 1426, 1118, 1608, 1610,” 1612, 1614, 1616, 1618. Part 2—Held by Judge Curtis.—Nos,’ 1458, 1449, 1685, 1531, 1575, 1493, 1465, 1455, 1507, 1599, 1601, 1605, 1607, 1609, 1611. Part 3—Held by Judge Hewland.—Nes, 1739, 1732, 1740, 1504, 127334. Court oF COMMON PLEAS—GENERAL TERM—Held by Judges Daly, Robinson aud F. Daly.—Nos. cao on, 82, 121, 142, 115, 12, 26, , 67, 81, 143, 152, BR@OKLYN COURTS. UNITED STATES COMMISSIONERS’ COURT. Charged with Opening Another Person’s Letter. Before Commissioner Jones. A boy named Robert Cemmedinger was arrested yesterday on the charge of opening and destroying a letter addressed to Sarah A. Whan, of No. 33 Hope street, Eastern District, where he also resided. ‘The allegation is that the letter was delivered to him during her absence ard that he then and there opened and destroyed it. Tnis be denied. The hearing of the case will take place en the 18th instant. John Halm, of Atlantic avenue and Butler street, Fast New York, was charged with selling liquor and cigars without paying the special tax. This case Was also adjourned. SUPREME COURT—SPECIAL TERM. The Bedford Avenue A: ments. Before Judge Pratt, Corporation Counsel De Witt moved for the dis- missal of the petition of Bedford avenue property owners to vacate the assessments for repaving that thoroughfare. Mr. De Witt argued that by an act of the Legislature the Board ef Assessors were directed to levy the amount of bonds issued as a tax upon the district, and that this legalized all the irregularities of the Improvement Commis. sion, whatever they may have been. He also held that it was a tax, and not an assessment, and did not come within the provisions of the act author- izing. the Supreme Court to vacate assessments upon a petition, Mr. Tracy replied for the prop- erty owners, and the Court reserved decision, A Railroad Suit. Before Judge Tappen. The Park Avenue Railroad Company sued Mr. Richardson, lessee of the Atlantic Avenue Railroad, to recover $500 for drawing some of his excursion cars last Summer on their track in Ninth avenue, and also to secure an injunction restraining him from doing the like in the tuture. ‘The case was tried before Judge Tappen without a@ jury. The defendant answered by a general denial, and the Judge reserved his decision. CITY COURT—GENERAL TERM. Decisions. By Judges Neilson and Thompson. Cornelius Douevan, Plaintiff, and Respondent, vs. John D. Ridder, Defendant and Appeliant.— New trial granted, costs to abide event. Opinion eilson, concurred in by Judge Taomp- son. . Isabella Gill, Plaintiff and Leap vs. John McNamee, Sherif, &c., Defendant and Appellant.— The order granting a new trial should be afirmed with costs. Opinion by Judge Neilson, concurred in by Judge Thompson. On fle, CITY COURT—3PECIAL TERM. Decisions. By Judge McCue, William Albin vs, John H. Hucke.—That contract be reformed, and if defendant is ‘unwilling to have same carried into effect thus reformed, then that same be cancelled. If contract cancelled, that de- fendant attorn as tenant under lease of March 1, 1871, &c. Decree to be entered without costs to either party. Isaac Levi vs. Lehman Schloss.—Motion for new triai dented, with $10 costs. Opinion on fle. COURT OF SESSIONS. Convicted of Arson. Before Judge Moore. The trial of David Dowd, on the charge of fiaving set fire to the stable of Uriah Ellis, in Dodworth street last Fall, resulted yesterday in the conviction of the prisoner. He was remanded until Friday next, when he will be sentenced. Eugene Smail his aceomplice, who turned State's evidence, wiil also be sentenced at that time. It is understood that an effort is a made to have Small with- draw his plea of guilty, but Judge Moore will not allow any such proceeding. Dowd's mother, an aged woman, was in Court during the trial, and wept bitterly at the conviction of her son. The conviction Was for arson in the second degree. COMMISSION OF APPEALS. ALBANY, March 11, 1873. The following is the Commission of Appeals calendar for March 12:—Nos. 73, 74, 75, 2, 16, 30, 3: 35, 37, 62, 76, 77, 20, 29, 31, The Court adjourne: until ten A. M. to-morrow. QUARANTINE MATTERS, Organization of the New Quarantine Board, The newly appointed Commissioners of Quaran- tine met yesterday afternoon at their ofice in Exchange place, Mr. Richard Schell was elected President, but graceiuily declined in favor of Mr. W. I, B. Stears. The following oficers were also clected:—lreasurer, David W. Judd; Secre' Theodore E. Leeds; Counsel to Board, B. F. ey. It was resolved to heartily co-operate with Dr, Vanderpoel, Health Officer of this port, in carrying out the poliey which he has killing his wife, was placed at the bar, Mr. Howe stated that the prisoner wag sent to inaugurated and Which bas proved 80 satisfactory to the mexeantile interysts of New York, SDAY, MARCH 12, 1873.—TRIPLE SHEET. THE WATER SUPPLY. Meeting Yesterday of the Committee of the Board of Aldermen on the Utilt tion of Sait Water for the Extinction of Fires—Important Evidence of Com- missioner Hennessy and Professor Chandler, The special committee of the Common Council appointed to consider the question of utilizing salt water for the extinction of fires and for use for sanitary purposes held an adjourned meeting yesterday in the committee room of the Board of Aldermen, Chief Engineer Tracy, of the Croton Aqueduct Bureau, repeated his former statements, insisting that the Croton watershed can supply all the needs of the city by the laying of additional mains, &c. The Fire Department now are only short at. high points, and not even there if sufficient pipes are laid, The Department is really deficient in large mains and that’s all the trouble. If we have a dry season for six or eight months, and we want to prepare for it, all that is required is the bytid- iny of more storage reservoirs. The watershed we've got is equal to any possible requirements, The plan of tapping the Hudson at Poughkeepsie is too expensive and is entirely unnecessary. As for supplying salt water, Mr. Tracy’'was very post- tive that for the same er less money Croton water could be supplied for every possible purpose. No pipes were wanted for salt water. The best way, if salt water must be had, is to have it pumped through hose by force pumps placed on the steam- ers and ferryboats on the East and North Rivers, The storage reservoirs have, he said, a capacity to hold 200,000,000 gallons more tran we shall ever have need of. In 1870 the average daily supply of water into the city was 85,000,000 gallous; in 1871, 87,000,000; in 1872, 91,000,000, During January of this year the supply was 101,000,000 gallons; in February, 104,000,000 gallons daily; this in- creased consumption of water was owing to the extreme cold weather, people letting the water run to keep their pipes from freezing. The reason why our Fire Department find it dificult in some arts of the city to get water sufficient to quench a large fire is owing to the insufilciency of the mains. The Croton Aqueduct cannot Supply, to this city more than 104,000,000 gallons daily. the city con- tinues to imcrease in popuiation at the present rate an additional aqueduct will have to be built. Nothing short of an earthquake could do harm to the aqueduct. The new mains lately laid are made 8o that the water can be concentrated in one place. Mr. Jamms S, HENNESSY, Fire Commissiuner, gave it as his Caer that there,was not a deficient water supply. le had not received any intimation, either officially er personally, that there had been a deficient supply of water at apy time. In reply to questions of Alderman McCatterty, he said tl there would be no difficulty as to the supply of water if two very large fires were proceeding at the same time at each extremity of the city. It would not be possible for a tire in New York to assume 80 _ serious @ character as that at Bosten. The Fire Department of New York was im a very different condition to that ef Boston, and the New York firemen went to work at a fire in quite a different way te the Boston firemen, He recom- mended the use of several large boats on the river, 80 that in case of fire the river water could be util- ized. To a certain extent that was the case now, but the plan might be greatly extended with much benefit, He strongly epposed the use of salt water with the present fire machines, The machinery was of a very delicate character, and the salt would greatly deteriorate it. Professor OHANDLER, of Columbia College, and chemist to the Board of Health, said that he had patd considerable attention to the water supply of this city. He had great confidence in ‘‘the Croton,” and thought it was amply sufficieat. He had gone into figures in his investigations, and he gave the fol- lowing as some of the results he had arrived at The Croton water shed was 339 square miles. ‘The rain fall averages about fiity incnes. ‘The rain fall on 339 square’ miles amounted to 294,500,000 gallons. To bring it down to a more cor- rect average, 806,000,000 gallons per day was the average amount of water received by the Croton shed, There was, however, much that was lost by evaporation; and what was not lost in that way came into the reservoir, and it would, therefore, be safe to say that there was for use an average of 403,000, 090 gallons per day. The present reservoirs include the new ome at Fifth avenue, that holds 20,000,600 gallons of water; the old reservoir, that holds’ 38,000,000; the reservoir in Central Park, that holds 1,000,000,000. That was a sufficiency for @ supply of at least ten days. ‘The new reservoir at Boyd's Corner holds 2,369,000,000 Sig are ‘Then there will be a supply for thirty- hree days, with a very liberal supply; for a small supply there would be enough tor about donble that time. In view of these facts it was very advisable to make arrangements to store wator to last us thrpugh the trying seasons. We had enough water on the water shed to supply all the water that would be required in this region, now or for time to come. But storage reservoirs were needful to keep this water supply avail- able for New York. There was a little prejudice abeut using water that had Teceived the dratinings of large cities. He be- lieved, however, that a running stream has a power Ee pee and the water purifies itself. He had had occasion to investigate this subject in the water supply to Albany. There was an objection to receiving the water from the river because it had received the draimage of Troy. There was, however, no necessity for any objection, The Cro- ton water might contain twice the impurities it does and yet the water be very healthy. He was strongly impressed that $1 spent in increasing the supply of Croton was worth more than $10 spent in any ether scueme. The salt water could be beneficially used for sanitary purposes—as cleaning the streets and for water closets. He was very strongly opposed to the use of water meters. It was as impertant to health to have no more re- strictions upon the use of water than upon the use of air, and il water was charged by meter the effect would be to limit the use ofit. There was a large class of our population who could not afferd to pay for water if they knew that they paid for the quan- tity they used. He knew that tne effect of using < water by meter for manufacturing ur- poses was driving manufactories away from he city. He knew of several instances of this, ‘There was one case where it would have cost a manufactory $5,000 per year for water in New York, and, therefore, they establismed their manufactory in the country. This fact was fre- bball taken into consideration, and was seriously lamaging the interests of New York. He thought that the suggestion of Alderman McCafferty was a very #6od one, that, on leasing the ferries by the city, there should be a stipulation that each boat should have a fire engine and that each boat should be subject to the control of the Fire Department under certain contingencies. The Committee then adjourned until Friday next, at eleven o'clock. THE EAST RIVER BRIDGE INVESTIGATION. pa a. The investigation into the affairs of the East River Bridge Company by the Special Committee of the Brooklyn Board of Aldermen was resumed at three o'clock yesterday afternoon, Alderman Ropes, chairman of the committee, presiding. The testi- mony of Mr. G. W. Bell ana Devine Burts in regard to the contracts for the construction of the caissons was taken. Mr. Bell is a member of the firm of W. M. Webb & Bell, shipbuilders, He testified that they contraeted with the Superintendent, William C. Kingsley, to build, the Brook- n caisson, which was 168 by foz feet, for 70,000; the next lowest bid was $140,000; we Were about four months in building it, and ‘had 125 or 130 men to work upon it each day; made an- other contract for the additional layers of timber upon it; think itamounted to between $1,300 and $1,400; the engineer, Colonel Roebling, looked after its construction; the caisson on the New York side was a little larger and different ; the contract was for $43,000, and if was understood that we were to butid both caissons; the specifications, however, were only for one; aiter it was demonstrated that it could be built, a large number of parties were anxious to put ina bid, but the lowest bid was just double thé amount of ours; we ought to have had $30,000 more; never had any diMiculty with any persons during the construction; the New pony caisson is four feet larger than the Brooklyn caisson. Q. Was the construetion of the ealsson profitable or otherwise ? A. Well, we didn’t loose any money on it; we have had jobs which paid equally as high percentage; received all the money for the con- tract; were about five months building the New York caisson; the tetal cest of building bath cais- sons Was $213,620 42; the company never tried to hinder the werk in any way. The testimony af Mr. Burtis corroborated that of Mr, Bell, He said the engineer superintended the | work and he never paid any morey to any one connected with the Bridge Cempany. He bid 43,500 for the building o1 the New York caisson, or 500 above Messrs. Webb & Bell. The timber came from the Erie basin on a requisition which Mr. Roebling furnished, The committee then ad- journed subject to the call of the Chair. THE THREATENED STRIKE, Everything was quiet yesterday among the | Workiuginen, and no demonstration of any kind was made, Tho carpenters are firm in their reso- | lution to cease work saould the resolve of their bosses be carrie into effect, but as yet the mas- ters lave not issued their mandate. All the build- ing trades are organizing for the battle that must inevitably ensue, and mest ot them find themselves in & Much stronger pos nm than was generally anticipated. Places of meeting have been already Secured ti Varivus parts of the city, and it is the | intention to have a series of stunning rales as | sven as matters can be arranged. Funds are being collected, and the workmen are resoived that | come what may they will mot abate any of the | advantages gaised by them last Summer, aud on | Do account return to the ten bour system THIEVES. Startling Stories of Robberies Committed in Different Parts of the City. APATHY OF THE POLICE. The Latest Method of Defrauding Independent Tradesmen. The flood of the thieving wave keeps rushing in, getting more rapid as it rises. Citizens suffer and groan and the police look on complacently. The thieves chuckle in the background, while they sit in their haunts secure, dividing the profits of their midnight marches. The harvest of plunder, judg- ing by the results, is a heavy one, and likely to be- come more abundant. The people are the victims; but, of course, they have no right to complain. They do object, notwith- standing, and complain, too, some mildly, some caressingly and some flercely; but that is all they have for their pains, It is scarcely to be expected that the occupants of fat and comfortable offices are going to trouble themselves about the people, except, perhaps, at election times, when they flat- ter the mob by condescending to be voted for, and it would show much more wisdom on the part of plundered citizens to sit at home and grin and bear than to be annoying the pelice with fatiguing histories of robberies at their houses. It is @ fun- damental principle in the great order of things that the multitude must bear THE BRUNT OF THE BATTLE, whether the fight be among the criminal classes and the police or some of the other noisy and dia- cordant elements that go to make up the sum of ofMicial existence. The lesson is ene not easily learned, but it is also one that time must force upon the conviction of any reasonable man, and the impression once taken becomes indelible. There is, however, a class of people in every large community as extended as the population of New York that will not see the philosophy of things and that will cry out when illegally deprived of its hard earned property. This section of the men and women who inhabit the Island of Manhattan is at the present moment making considerable noise abeut the manner in which thieves are allowed to pursue their calling in populous districts of the capital of the island, Bankers, merchants and private in- dividuals join in the general howl, and shriek with indignation, white they shake their fists impotently in the air. Thieves are no_ respecters of persons or places, and robberies take place every day aud every hour in the day on the Btreets, in the cars, in ‘stores and dwellings. Last Friday a lady was robbed of $300in a street car while on her way up town in company with a prominent citizen. ‘the thief, in this case a wo- man, cut the pocket that held the purse from the Leet ee dress, walked quietly off of the car and re- mains undisturbed to the present. The following day something of the same nature happened to another lady who was making collections for the poor, While people were preparing for church on Sunday morning 4 set of thieves entered the premises of J. R. France & Co., of No. 112 Reade street, and carried off goods valued at $1,000. When the porter arrived at the store he found the front door open, and, suspecting that ee was wrong, went te thesecond floor of the build- ing, occupied by J. R. France & Co. and A. A. Hall. The doors on that floor had been forced open and the merchandise was strewn about in the most ad- mired disorder. It is supposed the robbers secreted themselves inthe store during the pre- vious day and remained there part of the night, escaping with their booty Sunday morning. ANOTHER GANG gotinto the store of Runk & Unger, wine mer- chants, at No. 6 Barclay street, and abstracted from theré a quantity of wine and ol rs, Valued at $250. Still another batch obtained an entrance into the premises of Weiss, Eller & Keopler, at 229 Pearl street, and carried off goods valued at $800, This property consisted of boxes of fine tobacco, and must have been very dificult to transport without suspicion. They got salely, however, although a policeman was on duty in the neighborhood and a private watch- man was there to assist him. The residence of Mr. Joseph Hewlett, in Madison avenue, between Seventy-seventh and Seventy-eighth streets, was broken into Monday night by burglars, who suc- ceeded in escaping with a quantity of watches, jewelry, silks and ether goods, valued at $690. The robbers got into the place from No, 32 East Seventy- eighth street, at present unoccupied, and forced open the scuttle on Mr. Hewlett’s residence, An instance of the cupidity and heartlessness of these scoundrels is given in the fact that a couple of them sneaked cay & rear window in the house of Mr. Marcus Krass, No. 488 Greenwich street, Monday night, and stole some small articles of jewelry, valued at $38. While the old thieves are giving their attention to matters of weight the younger ones, just escaped from “Old Snatchem’s"” School, are not idle. A number of them are going about the Sixth ward tearing the brass signs of the doors. Several ot these signs were taken of o héWapaper building, on the corner of Worth street, dur- ing Monday night. For some months peer & party of “check raisers’ have been operating in New Yerk and the adjoining cities with most wonderful success, This association consisted of four men— James Primrose, alias Burgess; Daniel Donovan, alias Simmons; James Brown, alias Marks, an old convict, and James Appleby. One of the first moves in the line of business pursued by worthy quartet was to find out the prevable BULK OF THE BANK STOCK of some thriving tradesman. An undertaker or monument bujlder was generally preferred and se- ected for the honor ef the gentiemen’s attention, So soon as it was ascertained the account in the bank would admit of some extension one of the four called upon the tradesman, and, with a face steeped deep in woe, told a tale of harrow. ing unhappiness. In the interests of trade the shopkeeper would naturally listen to the story and drop a companionable tear or twoto soothe the feelings of the prospective customer. The melting process arrived at the proper pitch, the grief-stricken busband, brother or father, ag the case may be, ordered a set of funeral trappings or a handsome monument for the dear departed. The delightful impression of joy succeeding the strain of sympathetic sorrow in the breast of the undertaker, he falls an easy prey to the ar t i ime. som nme i taken up in selecting the material: je clictit wishes and arranging the details of the obsequies, york concluded, the check raiser pretends the ly or the dead relative is lying in a neighbering city and he wants te send on for it. Having nothing but ‘eenbacks he would like a check for convenience for, say $20, to forward to parties in charge of the remains to pay expenses. The wunder- taker or tombstone manufacturer is only too glad te oblige the customer, and hands him a check fer the desired amount. The man in mourning pays the sum on the face of the check and takes his leave, promising to cali again when the body of his relative arrives. The amount written om the check by the shopkeeper is then removed by-means of an acid prepared for the pur- pose, and the check filled in for a very much larger sum by one ef the quartet. Of course the instru- ment is honored at the bank and the thieves succeed 1m gaining possession of the money. This party was broken up by Detectives Farley, Simington, Keirns and Kelso, aud two of them have been sent to New Jersey to stand trial for offences committed there. The police in Philadelphia are also eagerly looking for them as well as those of Brooklyn. These few. cases cited here are only those made public by the police, but there are numbers of others occurring every day that nothing is heard of. In each case the police go to the premises, make anexamination, look profound, and arrive at the conclusion that the thieves have left no clew be- hind them. A ORASH IN FIRST AVENUE. Between eight and nine o’clock yesterday morn- ing the first and second floors of the main portion of the old House of Refuge in First avenue, cor- ner Twenty-third street, fell witn a crash that alarmed the residents of the neighborhood, many of whom collected aboat it tolearn the cause of the hoise, Soon the rumor was started that three boys had been buried under the débris, Captain Tynan, of the East Twenty-second street station house, was quickly in attendance with officers, investigations made conviaced him that there was no less of lite, The idea of boys being under the floors was put forth by William Abrahams, of 947 Third avenue, who states that about three minutes befere the casuaity he observed three boys in the building ¢ollecting Wood and he did i.ot see them go out. Per contra, Patrick Carman, of 415 Second avenue, who was close by the walis, declares that he saw the boys leave beiore the aecident, Another citizen confirmed Carman’s statement, and as ne boys are reported missing it is safe to say that the public have been spared the details of another horror, About one hour after the first and second fleers fell the third one went down to the cellar. The poor of the neighborhood have been in the habit of tearing boards out of the old and abandoned structure and carrying them off tor iuel, and this, no doubt, so weakened the Supports to the floors that they fell. The building has been used of late years as a silk factory, but, about seven months ago, the occupants were driven out by fire, and since then it nas been unoc cupied. Captain Tynan has placed @ guard over the structure to prevent boys going in, and has also notified the Building Department of its dangerous condition. The owner is said to be@ resident of Baxter street, who ia negotiating for the disposal of the property,