The New York Herald Newspaper, April 1, 1873, Page 13

at THE COURTS. Yhe Knickerbocker Life In- surance Company. Asking the Appointment of a Receiver to Wind Up Its Affairs—Strenuous Re- - sistance to the Application—Curi- ously onflicting Affidavits. THE SPRING VALLEY DISTILLERY CASE. Trial of Simon Donan and Christopher Flood Opening of the Case for the Prosecution. THE CHATHAM SQUARE MURDER Trial of Michael Nixon for the Alleged Marder of Chas. Phyfer—Nine Jury- men Obtained—History of the . Crime and the Defence. BUSINESS IN THE OTHER COURTS. Sammaries—Action for Conversion—Convictions and Sentences in the General Sessions—Decisions. ——— In the United States Circuit Court yesterday, be- fore Judge Benedict and a jury, Simon Donan and Christopher Flood were put on trial on an indict. ment charging them with having defrauded the government out of the tax on 5,000 gallons of whiskey, manufactured at the Spring Valley Dis- tillery, Rockland county. The defendant, Flood, ‘was the government storekeeper at the distillery, end he is charged with having received a bribe from Donan and his associates for conniving at the slleged iraud. The case is still on. In the United States District Court yesterday, Judge Blatchford granted an order which confirms the sale of tne lease of the building lately occupied by the Stuyvesant Bank, The sale is for au un- expired term of ten years, Application was made yosterday in ti@Supreme Court, Chambers, before Judge Fancher, for the ap- pointment of a referee in the case of the Bull's Head Bank. It was claimed that upon a statement ‘pf the accounts being made the bank’s soivency would be shown and anend would be put to the litigation now going on in the United States Courts 88 well as in the State Court, The application ‘Was granted, and ex-Judge Emott was appointed reveree, Most of yesterday was consumed in the Supreme Court, Chambers, before Judge Fancher, in hearing opposing affidavits and the arguments of opposing counsel upon an order to show cause why @ re- ceiver of the Knickerbocker Life Insurance Com- pany should not be appointed. A case exhibiting Buch an array of curiously conficting affidavits is Yarely presented in the courts, and the litigation opens in a way promising to be as lengthily drawn out as it is strangely conflicting, Judge Fancher Yook the papers, holding his decision in abeyance tillhe can give a thorough and extended examina- tion, After an interval of over two months—take the ¥verage 01 murder trials, this, after all, is pretty Qtick time—since the murder ef Charles Phyfer, his alleged marderer, Michael Nixon, has been brought to trial. The trial began yesterday in the Court of Oyer and Termincr, before Judge Brady. At the close of the day’s proceedings nine jurors had been obtained, which exhausted the panel. A Dew panel has been ordered for to-day, and the probability is that the remaining jurors wil be speedily obtained, and the trial proceed without delay, As there are not very many witnesses to examine, it is thought that there will be no trouble In finishing the trial this week. Judge Brady, in the Court of Oyer and Terminer yesterday, denied the motion made several days since to amend the judgment in the Stokes caso. Be stated that, from the examination he had made, he was satisfied tnat the matters in regard to which it was sought to amend the record were ontside tssues, and that the only proper ceurse to fako was to bring them before the Appellate Court by certiorari, In the Unitea States District Court yesverday, in the cate of L. ©, Hyde, assignee of Edward W. Brinkoff and Michael Stiner, Judge Blatchford or- Gered tne defendants to pay $6,691 93, being the amount of property which, it was alleged, they had disposed of in contempt of a previous order of the Court. KHE KNICKERBOCKER LIFE INGY- ” BANCE COMPANY, Application for the Appointment of a Receiver wit! View to Wind Up Its Business—Curiously Conflicting Adida- vitemA Case That May Not Puszzie J Fancher, but Certainly Would Pr a Philadelphia Lawyer. All law cases have two sides, but it is very rarely the two sides are presented in such strikingly op- posing contrast as in # case brought yesterday be- fore Judge Fancher, at Supreme Court, Chambers, The case to which reference is made came into Court on a motion for an injunction restraining the Knickerbocker Lite Insurance Company from exercising any of its corperate powers and for the appointment of a receiver, to obtain an accounting from Charles Stanton, its President, preliminary to winding up ite affairs, This metion was made on behaif of John Anderson, who holds 280 shares of the company’s stock, and Allen R. Walker, who bolds eighty-five shares and was formerly clerk of the company. For the motion there appeared ex-Jndge John K. Porter and Edmund Randolf Rob- fnson; in opposition, Henry N, Johnson and Vavid Dudiey Field, THE PLAINTIFF'S STORY, ‘Mr. Robinson began with reading the joint affi- davit of Mr, Anderson and Mr. Allen, In this am- Gavit it is stated that tho plaintiff, Allen R. ‘Walker, was clerk and _ corresponding clerk of the said company for more*than seven years prior to April, 1872, and during said riod was faroiliar with the books, business and ions of said companys that the said com. become and fs insolvent and unable to bts, and has'remained insolvent for one whole year and upwards; that the actual total as- sets of said company on the dist day of December, i did not exceed in value the sum of 131 66; that the actual total liabilities of Bal Cay ond on or since the said dist day of De- cember, 1871, exclusive of the liability of said com- Pany on its said capital stock, bave not been less an $7,437,604 20; and that on and since the said Bist day of Decemi ir, 1871, the excess of the liabili- ties of said company, over and above its asse exclusive of its liability on its by stock, has not been less than 472 74, this connection are recited various loans on mortgages, one of bape to } Mr. Prince, on unimproved real es- fate near Perth Amboy, N. J., the real value of which, it is alleged, does not exceed $20,000; one Of $41,500 on real estate, near Yonkers, not worth over $24,000, and one Oo! $40,000 on some real estate, also in Westchester county, bought of William M. Tweed for $24,000 and not worth over $20,000, It is durther charged that Henry E. Stanton, as vice gata and director of the company, allowed large sums belonging to it to remain in the hands of the firm of Stanton, Sheldon & Co., by which the company lost heavily, and that certain moneys paid out during 187i were not charged on the company’s books until about February, 1872, and were not, therefore, deduct from the statement of “cash on hand." Among these are specified $12,000 to George W, Miller, Superintendent of Insurance Sorercmecs, State of New York, “asa eecret bribe induce him to make & favorable report” with re- €pect to the condition of the company’s affaira; to Eldridge, Miller's assistant; $3,232 66 to zur Wright, actnary, “for his services in makiny & iavorable report of ‘the asacts of the company, and $5,000 to J. H. and C. M. Goodsell, for two pe paver articles, ontitied “Tho Thug Wariare in idfe Jusurance’ and “The Vindication of Kaickerbocker Company. Other affidavits fol- a” low, couduinatory and @xplauatory of the above | Ue har NEW YORK HERALD, TUESDAY, APERIG Y, 1873—QUADRUPLE SHEET. statements, the whole of saMotent iength to make ware than'h poge ofthe Humaty. at THE OTDER BIDE. As voluminous aMdavits were submitted on be- half of the company and its President, Mr. Stanton. ‘These afidavits allege that the company is eneens in every sense of the word; that 1s aeneie, it their Es cash value, exceed by over 87, all its mediate and ce: in liabilities; that they exceed by over $400,000 all its contingent and prospective liabilities, taking the valuation put upon those lia- bilittes by the Insurance Department of this Stato, and that the oonery could to-day effect @ reinsurance of al its outstanding risks on terms which would Jeave it a surpius of over $1,500,000, The affidavits of the Socretary apd the actuary of the com set forth that the retence of tho plaintids that the cash items men- Flonea in the complaimt wore included as assets 18 entirely false and without 8 shadow of founda- tien, these items alone amounting to $285,852; and those of Charles Stanton and J. N. Tappen, alter giving the meee history of ail the mortgage loans referred to in the complaint, claim the yalue ofevery piece cf property mentioned to be far in excess of the amount loaned thereon, and in most cases dot the amount of the loan. These am™- davits are supported by separate aMdavits as to each piece of property {rom persons sald to be spe- cially familiar with ‘the value of the respective tracts. These affidavits, it is claimed, dispose of $123,000 more o1 alleged deficiency. The certii- cate of the Superintendent of Insurance shows that the computation of the net value of policies, made in the statement of December 31, 1871, did include ail the dividends or additions on policies then out- standing. This certificate is further eupported by the atdavits of the secretary and actuary of the company, and effectually, it is averred, dispese of the claim made by the plaintiffs to tacrease the company’s liabilities by $300,856 96, In short, these opposing affidavits deny flauly the alle; terms contamed in the affidavits on the other side. ARGUMENT ON THE MOTION, dhe argument, as might naturally be expected from the array. of opposing counsel, was zealously energetic on both sides. Mr. Field objected to a receiver being appointed. He said that such an ap ointment would at once depreciate the stock ol Tie company twenty-five Per cent, Ho insisted that the “domestic forum" should be first ex- bausted. Their course should have been to go to the Superintendent of Insur- ance Companies and make known to him their charges. Upon the principles of equity the present Court, be insisted, could not interiere. He cited, as authority for this point, that the Lord Chancellor of Engiand would not interlere in Ox- ford matters, because they had a visitor whose province it was to adjust disputes, The other side claimed as strenuously that the application was proper, a8 Well as based on the most justifiable grounds, Alter hearing the argument Judge Fanchor told the counsel to hand up their papers and he would examine into the case and give @ decision at the earliest day possible. THE SPRING VALLEY DISTILLERY . CASE. Lvs Trial of Simon Donan and Christopher Flood=Opening of the Case for the Presecution. Yesterday, in the United States Circuit Court, be- fore Judge Benedict and a jury, Simon Donan and Christopher Flood were put upon their trial on an indictment charging them with having, at Spring Valley, in Rockland county, conspired to defraud the governmené out of the tax on 5,000 galions of distilled spirits, Mr. Bliss, United States District Attornoy, and Mr. A, H, Purdy appeared for the prosecution on behalf of the government, Mr. B, F, Tracey and Mr. Thomas Harland acted as counsel for the defendants. From the statement of the District Attorney in opening the caso te the jury, it appeared that Donan and Fiood had been indicted for conspiring in the manner above stated and for the object al- luded to, It was a case arising under tho Internal Revenue law. Donan was one of the proprietors of the distillery at Spring Valley, and Flood was the government inspector at that place, known as Newman's station, on the line of the Erie Railway. Donan, said the Distriot Attorney, was well known in connection with whiskey frauds—a man whose name had been on the records of leader in this class of ing the present term of this Court two men had been convicted for giving straw bail fof Food; and three other men who un- dertook to give simtlar bail for Donan were to be tried for that offence. Flood was the government storekeeper at Newman's station, and the facts would show that ho had becn bribed by Mr. Donan and his associates. The diatillery was owned by & Mr. Brown, who leased it to Marcus Newman and others. Subsequently that lease was assigned to Mareas Newman alone, Ho was tie leasee of the distillery, carrying on the business. In accordance with the law he gave notice to the Assessor of In- ternal Revenue that he claimed to open a distil- lery, Newman was carrying on tho business solely, and the only sign upon the premises was that of Mareus Newman. It would be shown that during that time Donan was a partnor with Newman, receiving two-thirds of the profits of the business. Donan, ag the District Attorney alleged, was not only a concealed partner in the concern, in fraud of ‘the jaw, but was there actively in the business, giving directions. The fraud was facili- tated by another little arrangement. The distil- lery was about three-quarters of a mile from the Erie Railway, and one of the parties (Donan), who was acting at the game time as agent for the Erie Railway, was enabled te get a track mado from the distillery to the station, and over this track were carriod quantities of grain for the purpose of dis- tillation and also the proceeds of distillation, in fraud of the government. That track was not used for any purpose except the trangportation of articies to and irom the distillery. Besides this the parties gave notice of suspension, The government officer attended, The distilicry was supposed not to be running then, but it was ran during “the suspen- sion,’’ The whiskey that was made at that time was removed, and, 01 course, that could not be done unless there was gross nogligence or brivery on the part of the government officer, It would be shown that the gevernment ofticer was bribed, and that Donan and his associates were direct par- ties to the bribery. The distillery was run during “the auspension," and large quantities of spirits were manuactured, This would be proved by Workmen who had been employed in the distillery. While the establishment was thus being con- ducted, the parties interestod in it were pro- viding themacives with large quantities of grain received by them at the distillery during the period of ‘suspension,’ and that though this grain Was consumed it was not entered on the distillery books, Forty-three barrels of whiskey were ae d in violation of the law; for instead of the whiskey being taken from the cistern to the distillery ware- hoyse it was removod from the cistern to the cooper’s shop snd put in barrels there, with roc- tifler’s and not reguiar distillery eg ‘upon it. This was done with the connivance of the govern- ment ganger. From the further statement o/ the District Attorney it would seem, if his allegations be supported by evidence, that there is hardly a clause of the Internal Revenue law which has not been violated by the defendants, The detendants have pleaded not gality, and strenuously deny the charge that has boen made against them. After some documentary evidence had been put in Mr. B, F. Tracey, 01 counsel fer defendant, made a lengthened criticism upon the indictment, charg- ne at it was bad, and that it alleged no overt act upon which evidence could be given in support of the general charge of pee sa Mr, A. H, Purdy having replied, Judge Benedict allowed the trial to proceod, reserving any legal questions that might arise to a future occasion. Testimony was then given for the prosecution. The case had not concluded at the rising of the Court, and will be resumed to-day, THE NIXON-PHYFER TRAGEDY. The Chatham Square Homicide=Michael Nixon on Trial for the Al‘eged Murder of Charles Phyfer—The Crime and the Defence—Nine Jurymen Obtained. Slowly but surely the indicted murderers filling at present so large a portion of the City Prison are being brought to the bar of justice, Jcdge Brady, in the Court of Oyer and Terminer, who, three months since, entered so vigorously upon the work ofclearing our criminal calendar, shows no relax- ation in his energy; but, on tne contrary, givos most pleasing confirmatory proof of fulfilling the promise he made at the ontset, to continue the ses- sion of the Oyer and Terminer till this end was accomplished, if {t took allSummer, Last in the ligt brought up for trial is Michael Nixon, charged with the murder of Charles Phyfer, The circum- stances of THE MYRDER, from the ouliar character of {ts surround. ings, still fresh io the public recollece tion, Shortly before six e’elock on the evening of January 21, according to the story published at the time, Charles Phyfer, who Was a cartman, was rid- ing his horse across the head of Chatham square in the direction of Catharine street. He was holding & whitetree across horse’sneck, At the same time Nixon, who was a billposter, was driving a Wagon in the direction of Division street. Phy ter Was a little ahead of Nixon, and the latter called to him to get out of his way, which, not being pL gf complied with, he drew a pistoi ond shot ‘hyfer, who fell to the pavement and shortly af- terwards expired, while Nixon leaped from his wagon and ran away, The statement of Nixon on his arrest was that Phyier strack at him first, and that tho shooting was in self-defence, The COMMENCEMENT OF THE TRIAR yesterday in the Court of Oyer ana Terminer wit- nessed the usual large attendance in the court room, many, of course, drawn there by curiosity to kee the alleged murdercr, appearance ot Nixon mast ery been a Gisappointaent to many. Instead of a burly, brutal-looking ruflan, with vile lany indelibly stamped upon every lineament of his countenance, he i#@ man considerably undor the medinm size, and, excepting his snagay eye- brows and dark, sinister eyes peering trom un neath them, of rather pre; ng appearance, jd bis little air avout Bix years od, With him and held her om hie lap most of tho day. ur, iifam 5 lowe, - rectly in front of him, and, notwithatand. ing the untoward 100K of ‘the facts in the case the further fact of having a oo single- handed District. Attorney Posies. logal C1 arias ate that placld look Of enay confidence. an ‘ons, wore that plac! regards his client’ so notably characteristic of him in all his criminal trialse—a k of confidence, in- deed, proportionably marked 4s his case is propor- eaperate. He claims, however, to have a good defence on the merits, and it ts certainly ratifying to know that no plea of insanity ts to be fnterposed. First of all, of course, was GETTING A JURY. This not to be the easiest or apeediast thing inable. No one could complain of Mr, lowe in this regard. He was as strictly stern and exacting as the interests of his client demanded, but by mo means captious, At the close of the day nine jurymen had been ob- tained, which exhausted the panel. The namos ofthe nine jurymen are Simon Goldenburg, John A. Simscott, Garrett D. Clark, James Stephen Schell, Richard Sweetinan, Charies J. Stewart, Frederick Wendell Jackson, Alfred A, Couster and Abraham F. Pruyn. Judge Brady ordered a new ated for this momning: from which to make up the alance of the Jury. re’ 8 to adjournment he told the jurors already chosen that they could go to thoir respective homes, as the jury was not yet complete, but notified them that after all the jurors had been obtained they would be kept together till the close of the trial. It is thought that the remaining three jurymen will be obtained without much dificulty this morn- ing and that the trial will be. finished this week, BUSINESS IN THE OTHER COURTS. SUPREME COUAT—SPECIAL TEAM. Decisions. s By Judge Van Brunt. Barry vs. Equitable Life Assurance Company, Impteaded.—Judgment for plaintiff, with costs. See opinion. Norman vs. Garvey—Findings eettied, He vs. White.—Judgment for plaintiff, See opinion, Gearty vs. The Mayor, &c,—Demurrer overruled. Farsin va. Browning.—Complaint dismissed, with costs, See opinion. " Musmon vs, Blaok.—Judgment for piaintif, with- out costs, By Judge Harden. Home Insurance Company vs. Watson.—Demur- rer overruled. See opinion. SUPREME COURT—OHAMBERS Decisions. By Judge Fancher, vs, Henry.—Report confirmed and judg- ment of decree granted, with costs, Reserve Mutual Lifo Insurance Company vs. Beardsley et al.—Temporary tojunction 1s vacated and the motion to continue it in force is aenied, with $10 costs, a In the matter of the application of Wilmer for leave to mortgage.—Petition granted, In the matter of rer icatea of the Rector, Warden and Vestrymén of the Protestant Episco- pal church,—Same. SUPERIOR COURT—SPECIAL TERM. Decisions. By Judge Van Vorst. Bishop vs. Garcia.—Motion denied; see opinion, Ryan vs. New Mutual Life Insurance Com- pany.—Order grante Simmons ys. Lyons.—Order to file case as settled. Smith vs. Tho Exchange Fire Insurance Com- pany.—Order for extra allowance of A Batchelder ys, Dailey.—Order that issue, Grant vs. Taylor.—Crder of reference, Patterson vs, Stettoner.—Same. Schmidt vs. Costa et al.—Order opening default and for a reference. By Judge Sedgwick. Bailey vs, Griswold.—Amendments settled. Gilroy et al. vs. Coburn et al.—aAn order of refer- ence that James ©, Coburn and Gerlina Coburn ac- Fey for the proceeds of the houses should ve en- ered, Bourg COURT OF COMMON PLEAS—SPECIAL TERM, Decisions, ey, Judge J. F, vay F Schnider vs. Greer et al.—Motion dented, with- out prejudice toa renewal, See opinion, MARINE COURT, Action for Conversion, Before Judge Curtis, L, Tennis vs, John Matthews ot als,—This action was brought for the conversion of a certain soda apparatus valued at $1,000. It appeared that the defendants had been manufacturing soda apparatus for forty-one years; that they contracted with one G, W. Fenner to furnish him (Feiner) with the ap- paratus on such agreeing to take Fenner’s old ap: paratus in part payment of the moncy. It waa contended on the part of the plaintif that before the contract was consummated Ferren made a bi!l ef sale of all his right, title and interest to his property in the store occupied by him, which in- cluded the old soda apparatus in question, aad | the that the fact of said transfer was communicated to the defendants, who reed to accept the plainti® in lien of Fenner as party to the contract and carry out its original provisions with ber, On ths part of the defendan this was denied, they contending that th Je was a fraud, that no consideration ever passed and that they had a right to take the new apparatus from the premises, owing to the failure of the contract on the part of Fenger, It appeared in evidence that the defendants took way the apparatus without any process of law, such as writ ofreplevin, The Court instructed the | ry that there were two quostions—one of title and one of damage; that besore the plaintiff could recover she must establish afirmatively that there ‘waa @ valid consideration for the conveyance from Fenner to herself, aud show also the value of the proeeeey: converted as & measure of damage; that | the defendants had no legal right, violently and | with no process of law, to entor upon the premises and take away the property. Verdict for the plain- ‘tu in $1,000, COURT OF GENERAL SESSIONS, Burglars and Thieves Sent to the State Prison and Penitentiary. Before Judge Sutherland, Yesterday John O'Brien pleaded guilty to anin- | dictment charging him with stealing a gold watch, valued at $45, from John Wichman, on the 16th of March. He was sent to the State Prison for five years, John Shea, who was jointly indicted with John Vork, pleaded guilty to an attempt at petty tarcency | from the person, the allegation being that on the 16th of March they stole twenty cents in currency, The prisoner was sent to the State Prison for two years and six montha. Daniel Kelly and Jonn Devine, indicted for burg- lariously entering the [tape of Anthony W. Miller, 435 West Thirty-third street, on the 17tn of March, and ateating $9 worth of cigars, pleaded guilty to an attempt. dames O'Neill and Parker Jones pleaded guilty to an attempt at burglary in the third degree. They were charged with entering the apartments of ‘Timothy Whalen, 607 Greenwich street, on the 21st of January, and stealing clothing valued at $48, Kelly, Devine, O'Neill and Jones were cach sent to the State Prison for two years. Thomas Crawford, was charged with cutting | Patrick Driscoll in the foot with a knife, on the 16th of February. Frederick Maller pleaded guilty to petty larceny, the charge being that en the 16th of March he atole $40 worth of clothing from Medard Snow. These prisoners were each sent to the Peniten- tlary Ls tind months, Joan Douminah pleaded ey to assault and bat- tery. The chargo against this youth was that on the 16th of March he cot John M. with a knife, The sentence was imprisonment in the Penitentiary for ten months, Martin ey, and David O'Keefe, boys, pleaded guiity fo petty larceny. They were charged with pag into the liquor store of Richard Boy- lap, 508 Firet avenue, and stealing brandy and cigars worth $25. The prisoners were sent to the Penitentiary for one month. George M. Reese, sgainst whom were five charges, pleaded gutity to an indictment charging him with obtaining, on the 12th of December, six dozen of kuives irom Keller & Ling, upon a forged order purporting to have been drawn by New- [A ag & Schloss. He was remanded for sen- ence, Jacob Smith, a youth, was tried and convicted of an assault with a dangerous weapon. James Sul- livan, the complainant, testified that while he was riding on an East Broadway car the prisoner jumped on the rear platform and stabbed him un- der the arm. It was evident from the testimony of the witnesses that Smith and his friends were followed by a crowd of boys, who pelted stones and ice at them, and that the accused, supposing Sulll- van tobe one of them, used the knife. The evi- dence was somewhat conflicting, but the jury ar- rived at a just conclusion jn finding Smith uility, So the Judge said, who sent him to the State Prison for three years. arty ploaded guilty to petty James Me larceny from the person, in stealing, on the 18th of Feb- ruary, @ pocketbook, containing $8, from William Hesser, He was sent to the State Prison for two ears, : An Acquittal. . Jalins Schmidt, who was charged with stealing a gold watch and chain, worth $250, on the 3d of March, from the apartments of Mathew J. O’Brien, 263 Bowery, Was acquitted, the proofs against him being slightly circumstantial TOMBS POLICE COURT. Attempt to Obtain Goods Under False Pretonces—Judge Dowling as a Media. tor=—Colored Man and Celt ke Hands and Smoke the Pipe of Peace. Yesterday morving & voung man, well droseed, commission | itchell in the back | and with a business alr, went into the establish. ment of Leopold Scheffar, 180 Duane street, and in- troduced himself as Willlam P. Butler, of the firm of B. W. Rold & Son, of Washington, D.C, He was shown through the stock and gave the firm an order for $170 worth of goods, He then Produced a draft, and telling Mr. Soneffar he wished to use $25, requested that gentleman to advance him that amount on leaving the draft as collateral. In the course of the con- versation he referred to several well-known firms. Mr. Scheff then informed him that one of his young men would accompany him to any of the parties ho had named, and if they vouched for him he would give him the goods and advance the money. Butler left, accompanted by one of the clerks, who had private instructions to have Batler arrested at once should he attempt to leave. The two had walked about two blocks when Mr. Butler made an attempt to part company with the clerk. Officer Ferris was summoned and imme- diately arrested him. He was arraigned before Justice Dowling and held for examination, James Doyle and Thomas Johnson, the former Trish and the latter colored, both truckmen, came into Court in charge of an o.lcer, having been ar- rested for fighting and disorderly conduct in Leon- ard street. Judge Dowling viewed the com- batants with a good-humored smile beaming on his countenance, and said quickly, “What ia the mat- ter here t"" Mr. Thomas Johnson (scratching the top of his head)—Dat's what's de matter with me, I’se all cut; golly, I ts. Judge Dowling (looking in vain for the marks) —I don’t see any cut, Johnson—Well, golly, I got rapped hard enoagh to be cat. we Dowling—Doyle, what have you got to oyle—I was juaht taking the shoe off my horse When this black man came up and gave a lurch wid his thruck, and shot me half way on the side- walk. Iaxed him what did he mane, and he called me some very hard names, Johnson—'Fere God, Jedge, I never opened my mouf to him afore he had me off de truck, Judge Dowling (to Johnson)—Do you want to make a charge against him? Johnson hung his head down and grinning a | broad grin walked towards the deak. Judge Dow- lng then turned to Doyle and sald:— “Do you want to make a charge?" Doyle (laughing good-paturedly)—I've nothing | aaty che man. If he wants to make a charge, why | le ms. Judge Dowling (to Johnson) —Well, are you goin; ake complal int. belie Johnaon (scratching hia hoad and laughing all over)—Wal, I guess not; sah, dis time, Judge Dowllng—Shake hands now, both of you. Johnson and Doyle reached out their hands simultaneously, and, exchanging cordial grectings, | both left the court room amid the amusement of | toe spectators, SEFFERSON MARKET POLICE COURT. Barglary. In the Jefferson Market Police Court yesterday, before Jusitce Ledwith, William Johnson, of 153 | Thompson street, was committed, in default of $1,000 bail, on & charge of breaking into the gro- | cery store 177 Spring street on Sunday night and stealing property valued at $61 40, Grand Larceny. Arespectable‘appearing young gentleman, named Dominick Killoran, of 49 West Twenty-seventh street, was arraigned before Justice Ledwith charged with stealing a coat, valued at $40, from an ante-room in the St. James Theatre, He ts the same person who was accused recently of attempt- ing to prevail on the messenger of the Park Bank torob that institution and was acquitted at the General Seasions. He was held to bail in the sum | of $500 to answer, COURT CALENSARS—THIS DAY. Webb: OF APPEALS.—Nos. 8, 9, 10, 42, 1734, 12, 5, SuPREME Covrt—CHaMBers—Held by Jud Fancher.—Nos, 1 171, 247, 266, 268, 209, 2’ 275, 282, 283, 287, 204, E Court or Common PLEAS—TRIAL Terw—Part 1—Held by Judge 1634, 292, 1076, 1525, 1822, 1903, 1908, 1134, 740, 1632, Mazinze CovraT—Trian Term—Part 1—Held by Judge Gross.;Adjournod for the term. Part 2 Held by Judge Curtis.—Nos. 1535, 1757, 1619, 151 1749, 1779, Part 3—Held by Judge Howland,—.\d- Journed for the term, UNITED STATES SUPREME COURT. | —-————= Important Decisions of Express Carriers, &c. WASHINGTON, March 81, 1872, The following opinions were delivered by the | Supreme Court to-day :— In the case of the city of New Orleans ys, Myra | Survey over the “dividing ridge’ and down the ©. P. Daly-—Now, 11, 3100, 2008, | the Cula, which it was thelr wish to reach, Rendered—Mirs. | Gaines Again Triumphant—The Rights | THE DARIEN ISTHMUS. Progress and Work of the United States Survey and Exploring Expedition. The War Ship Tuscarora at Chiri-Chiri When About to Sail for Panama. Topographical Report of the Scientists—Recon- noissance on a Native Trail and What Came of It-The Table Land, Dividing Ridge and Atlantic Slope—Cobras and Steer- ing a Balsa—Hydrographic Results. DARIEN EXPLORING EXPEDITION. CHIRI-CHIRI, March 15, 1873, At the time of my last writing the United States ship Tuscarora had just arrived in Chiri-Chiri and active operations in the field were about to be commenced. From that date to the time of pres- ent writing the work has been prosecuted with un- abated vigor and much valuable information cen- cerning the country has already been secured by the explorers, The speedy departure of the Tus- carora upon a shert trip to Panama gives me an opportunity of forwarding this letter, in which I will endeavor to present a brief resumé of the work already accomplished. PLAN AND PROGRESS OF THR WORK, The first step was a recennoissance by Licuten- ants Eaton and Sullivan, who succeeded in discov- ering the native trail, which here leads over the hills to the eastward, and in following it up across the first or coast range to the head-waters of a small river apon the other side. This afforded the opportunity for entering the wedge, which was done in due form by a surveying party under the command of Lieutenant Collins, assisted by Mid- shipman Galt. This party, fully equipped for its dificult work, began ita labors on the 20th of January, starting from a fixed position en the Pacific beach and slowly pushing its way into the thterior and up the precipitous hills that here skirt closely upon the Pacific coast. After it had fairly started Com, mander Selfridge made a reconnoissance in person ahead, going some distance into the interior over the native trail in order to get a knowiedge of the lay of the land from personal observation. He found the native trail running over very high land with deep depressions upon either hand, and there- fore concluded that it would be unwise to follow it with the survey if a practicable road could be found which did not cross at so great an elevation, To test this question he despatched Lieutenant Sullivan to examine the ground upon cither stde of the high peak crossed by the native trail, and this officer, alter several days of arduous labor, suc- ceeded in finding a pass to the southward that crossed at a very much lower elevation. The party under Lieutenant Collins was therefgre directed by Vaptain Selfridge to carry the surrey tn this direction, which was accordingly done, HOW THE MEN ADVANCED, Two weeks of most diMicult labor carried the UNITED States STEAMER Promo} Atlantic slope to the Tracundo river, a tributary to From this point, therefore, they carried the survey down the Tracundo to its junction with tho Cuia, and | their labors in accomplishing this object were ex, hausting to the last degree. Like all streams high up among the hills, the Tracundo is filled with huge slippery boulders, among which our ex- plorerers had to slip and scramble and pick their ways a3 best they might, while in the frequent gorges ,or canyons, they picked their dangerous path at the risk of life and limb; now groping along close to the water, stunned by the roar of the tor- rent and drenched by the Sying spray, and now clinging like flies to the surface of the precipice, many feet in alr where a false step would be death, and where the sharp hiss of the cobra greeted thelr earsfrom almostevery crevice in the rough and | Clarke Gaines, No. 153, from the Circuit Court of Lonsiana—The appeal sought to reverse a decree of the Court below in favor of Mra. Gaines for $125, 4s rents and profits of lands belonging to her, which lad been in the possession and use of ity. Mra, Gaines brought hor action to re- cover bay pegged) under the former decision of this Court In her favor, on the general question of her rights, The report of the Master, to whom the case was referred, was in her favor, and the Court entered a decreo thereupon accordingly. ‘Tho Court Cirect the aMirmance of the decree, disallow- ing the exceptions thereto, lyered the opinion, No. 168, Barrett vs. Barney, ot al.—This ta the action brought by Barrett to recover of Wella, Fargo & Co.'s Express Company the damages al- leged to have been done tothe building in which their oMlos in San Francisco Is located by the ex- plosion of nitro glycerine, which caused so mach consternation a few years ago. The question was whethor, as common carriers, they were liable for | having in their possession the fatal box, and con- sequently for the damages done by the explosion to other portions of the building than the rooms occupied by them, The decision below was ig their favor and it is here affirmed. The Court says that, if express carriers are chargable with notice of the contents of packages car- ried by them, they must bave the right to refuse to receive packages unlese their contents are known. It would be unreasonable to require them, in that case, to accept as conclusive in every mMmstance the information given by the owner. They must be at liberty, whenevor in doubt, to exact the right ofinspection of the con- tents as a condition of carriage, But the doctrine which would lead to such @ course of business would cause great inconvenience and seldom ac- complish any good. Fortunately the law is not 50 unreasonable and does not enforce such a doctrine, and the conclusion is that the carrier is not charg- able with notice of tne contents of packages, and should not be held lable for an act done without his fault, Mr, Jastice Field delivered the opinion. No, 163, State of South Varolina ex rel.—Wagner vs, the Treasurer of Charleston county,—The question in this case was whether the tax officer was bound to accept bills of the Bank of South Carolina in payment of taxes, the allegation being that by its charter the bills of receivable for all dues to the State, The County Treasurer answered that the blils were lasued in 1861 and were in aid of the rebellion, and were, therefore, not a legal tender; and, secondly, that the clanse of the charter under which payment was tendered ha@ een repsale, Th agat ques: tion wag found by thé Jury In favor oi e Bank, but.the Court held that the clause requiring the | State to receive the bills for taxes was subse- quently repealed, The ruling is sustained here, and the jadgment is afirmed, Mr, Justice Hunt de- liverea the opinion, The Supreme Court read opinions until nearly | flye o'clock and will conclude to-morrow. THE KIRWAN HOMICIDE CASE POSTPONED, Kirwan Released on Ball, Owing to the absence of important witnesses the case of Catharine Kirwan, late of 61 Washington street, whose death, it is alleged, was hastened by violence at the hands of her husband, Patrick Kir- wan, did not come off yesterday before Coroner Keenan, as was expected, The prisoner, who bears a fair reputation, had many friends, who followed | him to the City Hall, most of whom believed in hls } | innocence. Coroner Keenan, not recognizin, case as one of murder, consented to Kirwan’s re- lease on ball in the sum of $1,000 to appear on Wednesday, that being the day to which the inves- tigation wag adjourned. Mr. John McCormick, of $26 Front street, became bondaman for the pris- oner, Catharine Burnett is still detained as a wit- ness, A BROOKLYS WOMAN IN TROUBLE, (From the Providence Herald, March 29.) A woman, qving her name as Ellen Gladding, Brooklyn, N. ¥., was arrested in this city yesters for vagranoy, This was the charge brought against her, but her mode of soliciting aid was conducted on @ more genteel plan than that commonly adopted by the impecunious. With a papor signed enone well-known persons in the community, whose homes have not been ascertained, Mra. be | gained the confidence of fear people, and, telling a plausible story of her misfo: insinuated herseli the more easily and securely in their good esteem. She stated that her hus- band is Broeklyn and @ sick father and mother, and that she was anxious to obtain a sufficient amount | of money “to go West.” Certain circumstances connected with her movements attracted atzention more particularly to her operations, and Oficer Craddock, having instituted a brief inquiry in re- ert to her, informed Offter Cartis, and he took er in custody and conveyed her to the Central | station yesterday afternoon. The police, it a pears, formed her acq tance on a former occa- sion, about & year ago, at this time were closely watched. When searched yesterday the eum of $52 was found in her posses sion, which she had obtained from charitably dis- posed eyo on whom she had called and whose sympathy she bad elicited, Sie is detained for faevhee inveatrerations, | nite saving of labor was etfecte: ir, Justice Hunt de- | | of | fully rough road, up the sides of precipices and | the bank were te be | rtanes, | lead, aud that she has @ sick child in | | tor him to take, and diligent and unremitting id hence her movements | rugged rocks, Farther down the stream, where the | depen of water was suMcicnt to admit of it, Mr. | | Collins hat rade rafts, constracted of balsa wood ! (almost the only kind’ of wood that grows in this | country that will foat and bear more than its own weight), and on these rade contrivances the house- | hold goods ana provisions were floated and dragged down the river, and thus the camp kept pace with | the surveyors in their daily pregress ad an inf- for the men, who had before been obliged to carry everything upon their backs. THR AMBRICAN TAT IN A BALSA, Upon arriving at « stretch of smooth, deep water | the Jack tar who had charge of a balsa was in his | glory. Scated high alott upon @ keg of bacon | or box of tomato soup he would handle his pole with the majestic swing of a Neptune, and sbont lis orders, “Starboard: | “Port!” or “Steady |" with as much dignity and | complacency, though his crazy craft were a line- | | of-battle-ship, and he, instead ef a dilapidated, | | half-naked Jack, the Lord High Admiral of a feet | oF fifty sail. The American sailor {fs 4 queer fish, | take eg when or where ee will § With wonderful | facility he adapts himself to the circumstances to which he finds himself, and, with a day's practice, | is ready to turn his hand to anything, from hand. ling a raft to bullding a house, ENERGETIC SCPPORT ON LAND, While the party under Lieutenant Collts wag | | thua pushing its way laboriously along the rest of | the expedition were not idle, The design of Cap- | tain Selfridge was to have a@ new party, under Lieutenant Eaton, take the field and continue the survdy after Mr. Col- | ling’ party should reach the junction of the Tracundo with the Cuia, and, in pursaance of this pian, he desired to establish at that point a depot provisions, from which the party in the fleld | might draw as it became necessary, How | to transport the immense weight of stores required | to provision the party for cight weeks, was a prob- lem not casy to solve. The actual distance from | the beach to the Junction of the two rivers was bat about tweive miles by trail; but it was over a fear. down again into steep-sided and deep ravines, It Was a road to stagger a man with no weight to carry save his own, and to ask him to carry in ad- dition an unwieldy box or barrel of from forty to | fitty pounds weight seemed too much, At this juncture Captain Selfridge directed | another reconneoissance to be made by Lieutenant Sullivan, to see if the road by the native trail could not be shortened, and at the samo timo the highest Aato th gyolded. This task wae, with no ttle culty, at length accomplished, and a | new road was opened to the junction, which | was considered to be an improvement on the old { one, though no great merits were claimed for tt In the way ofaroad, Over this, then, it was deter- | mined to transport tre stores by main strength, | and accordingly on the 15th of February a party of sixty men, under Lieutenant Hubbard, was de- talled by Commander Belknap for the work, SPIRITED START. In the afternoon they started ont gayly, each man with his box or barrel strapped to tis ‘shoulders, and that night was spent in camp No, 2 of Mr. Collins’ party. The distance to this camp was but short, and the men made tt with ease, and passed toe greater ped of the night in singing and spin- ning yarns, little dreaming of what was betore them, On the following morning they set out | bright and early and soon saw that the task before them was a0 child’s play. Up and down the short, steep hills 1t was fearful work for the heavily loaded men, and one by one they would drop down with torn clothing ‘and bruisod. limbs and declare their utter bee to proceed. Rein- vigorated, however, by a short rest they would start up and try again, only to repeat the Scene & short distance further on, the stops becoming more frequent and of longer duration as the day wore on. But Yankee pluck and perseverance at last won, and by four o’clock the last straggler, tattered, torn and bleeding, brought his !oad into the cam) at the junction, where a rancho had been erected in which to store the provisions. After a rest here they started upon their return, intending to pass the night upon the Marindo, a small stream, about half way between the junction and camp No, 2 A MAN Lost, Here they arrived about dusk, and during the evening it was discovered that a man named Turner had not come in, With the eariiest light parties were despatched to look the straggler w and the rest returned to the ship, from whic fresh parties, guided by natives, Were at once despatched on search of the missing man. The lace where he had apent the night and which he had marked with a small cross was found, but no traces of the man could be seen. Small parties were sent im every direction that it was possible search for ne, five days was kept up, but the only trace covered Was another sinall cross erected On & smail watercourse, whither he had Serete peen driven by thirst, All efforts ha’ eon frultiess — the search was reluctal abandoned, and to this day no man knows what has been tie poor fel- low's fate, It is possibié that he may have followed some of the streams to some ciatant point and there obtained relief the Indians, but the More probable conjectut that he succumbed te the combined effects of hunger and fright, perhaps almost within earshot of some of the parties searching 80 anxtousiy for him, HAPPY ACCORD, The provisions haying thua deem safely carried to | which were revealed the sui 2 as unas Bans pm: that camp, to await the arrival of Lieutonamt Col Mong, whom we left laboriously forcings bis way dowm the Tracundo. Hts party succee the junctien on the ae of Pebruaty age on following day he waa relieved by Lieutenant a by whom the survey was at once cont the Cula. eA beeen: PERSONAL OBSERVATIONS OF THE At this time Commander Selfridge, accom; by the HeRaLp correspondent, started out to maka @ personal tour of the line under survey, and te proceed up the Atrato and gather information com ¢ river and general information with rogard te the country at large. these events were transpiring anothor ‘party under Lieutenant Hubby ssisted by Master Taunt, top hills to the head Waters of a stream called the Marindo, which they surveyed down to its junction with the Napipl, takiug careful barometrical obaer- vations for elevations. This survey of the vatley of the Marindo was of great importance in im- creasing our knowledge of the country in the vie cinity of the Napipl, and in giving & much better idea than we before had of the general lay of tug land in that direction, HYDROGRAPHY, While all this work was in progreas on shore the ofMicers on board ship were engazed ina hydro. graphic survey ef the Bay of Chirt-Chiri, The work was under the direction of Lieutenant Com- maniler Jewell and Lieutenant Norris, and it was one involving no little danger in its execution, as the heavy surf beating againat the rocks of made landing for the purpose of ebservations g very dangerous operation. By perseverance and skill, however, all obstacies were at length overs come anda hydrographic survey made that reflects credit on all concerned, RESULTS, The foregving, shows the amount of work accom- plished up to dai certainly gives ample eri. dence that the expedition has not beon idle. Witm regard to results, l¢ may be said thas litcic cag be really known until the work now in progress ahait have been completed, Everything, so far, seoms te pelat towarit he vailey of the Napipi as possessing all the qualifications requsite for the canal. The water supply, before a doubtful point in the mings of some, has boon secured beyond a peradventure, and there is great reason to hope that some of valleys soon to be examined will afford the di Supertnnthy for shortening, to some extent, the a le 2 e = SANITARY DETAIL. The health of tho officers and men has in general been good, notwithstanding the arduous service that has been required of them. Some few all cases of fever have appeared, but have yi readily to treatment. At the tine of present ing ali the officers are well and there isnot a ous case of sickn’ f any kind on board, JEFFERSON DAVIS. The Secret Why He was Not Proscouted Explained by Judge Clifford, of Massa- chusetts. The Charleston Daily News, March 29, ia respome sible for the following revelations made by Judge Clifford, last week, at & dinner party given in that. city by Colenct Richard Lathers to a number ef distinguished Nerthern gentlemen, who, at Colondl Lathers’ table, met some of the leading genticmen of South Carolina. The News remarks, after refer- ring to the conversation upon the Webster-Park- man murder, in which Judge Clifford prosecuted aa Attoracy General of Massachusetts: “Another event of great historical interest im which Judge Clifford participated was the soiomm consultation of @ small number ef tie most able lawyers of the North at Washington, a few mentty after the war, upon the momentous question a5 whether the federal government should commengs acriminal presecution against the Hon. Jetforeom Davis fer his participation and leadership in tha war of secession, In this council, which was sute rounded at the time with the utmost sei and which bas never yet beon described, United States Attorney General Speed, Judge Ouse ford, the Hon. William M. Evarts, aud perhaps axa a dozen others, who had been selected from tap Whole Northern profession for their legal ability and acumen, and tie result of thelr deliberation was the sudden abandonment of the caso by the federal government in view of the insurmountable didicuities in the Ty otgotting @ final con victio: by their patient study of t! law bearing upon the case. Mr. Headiey, thon anil now & near neighber and intimate iriend of J Clifford, relates that before the latter set out Washington to join this conference he paid fim (Mr. Hoadley) the compliment of calling pon him f consult upon the momentous question which e was about to assist in solving, and was agreed between them thar uniess af were clear that the conviction of Mr, Davis would follow hia trial, apd that the law and the facta on the atde of the prosecution would be tree sistible In the Supreme Court as well as im ever court of original jurisdiction the case be initiated, it would be the part of wisdom true statesmanskip as well as pelicy net to the prosecution, The conference took place, was long, lyarned and profound, The t ativntion, t i ana am com i law or nations, the urt in the trial of "» “lebres, having More or less besriog then under consideration, sud tae f State trials in the history of the civi- ld, Were studied, wetghod, analyzed an@ The council was titvided upon sous mn others. Some wer for prosecution, otheas the subject mere cate fully insisted from the first upon the futa- ity of such a course, and finally the wiser counsels of the latter prevailod and the proposed rhe gens of Mr. Dayis was, a3 will be remem- bered, suddenly abandoned, although itmay doube- jess be news to many of onr readers to learn this sudden change of policy was the dircot reauté of this solemn conclave. Arter the councll had a@> ierece and Judge Clifford had returned to hig ome, Mr, Hoadley inquired the reaalt of thete de- liberations, and Judge Clifford inade a striking ame characteristic reply in something like the followimg language: “Remarkable as the fact may sypeags we find that the Jaws of the United States are so constructed as to adord any certainty of puntiie ing high treason or rebellion, and Mr. Davis if am raigned under them cannot be brougot to convige tion, Perhaps it is that the men who cy lized w dissected. points and agreed wu at first strenuous who hed weighed fundamental iaw and system of government, who were then fighting for liberty, with hal about their necks, did not pay much attention @. the question of punishing in the future the aces which they were committing themselves.” Another reminiscence, Illustrating the sentimea®- of the thinking men of the North im 1866, was rBe lated by Mr. Hoadley of the Hon. John A, Al then Governor of Maesachusetts. It was on day of the grand review ef the federal army Washington; a number of gentlemen Ming | entertained at the residence of Gencral B. L. Barlow, in that city, and the conversation halt turned to the subject of bringing the leadecs of tas Confederate cause to punishment onder the crim inal law of the land, when Governor Andrew Bx~ pressed himself as follows:—"It cannot be he criminal law has no application here. Why, {6 proved by its very title that the criminal law @® law for criminals—the laws or the code of tame formed by the great of the Piss 9 who are in the in. good men, regulation and panis' Beattered here throughoat ae ciety. Bat when a whole peopie commit am act, rash, impotitic and direful in its conse~ quences though it may be, and the best and wisest men and women of the whole people parth therein, encourage 4nd lead ft, it is tmp consider the criminal law ag being framed to that case, or aa being in any way a he therete, These people appealed to the arbitrament of a and they baye suttered by the war—that is punishment, I believed in giving them war, whem it was war they wanted—yes, and I Eee) s captain’s commission once to a Massachusetss sergeant for no other reason than that he bad with his own hands hanged seven guerrillas. That wae war, that was the measure of their punis! but criminal law hag nothing to do with this cases This declaration of the emphatic Governor Massachusetts caused the remark, when rel esterday, that it had an bisterical rallol famous Sords of Burko, when he told tho Parliament, in referencd so the American tionista, that he “knew ef no way to write dictment of a whole people.” A number of similar remimisences ef both Nortite ern and Southern history were related, and aftee an hour or two of pleasant conversation and aa tual expressions of s desire for better aca and a fuller appreciation of the condition sections of the country the guests separated, THE LAST OF THE PREE LUNCHES, =| The Newsboys and Bctiblacks Taking Their Last Soup Dinner— A Rush @ the Meal—Intruding Visitors and Imy teresting Speeches. The last of the free warm dinners which hase been provided under the auspices of the pepe Guardian Soclety for newsboys, bootblacks other needy children every day during the pas® severe winter, was given to the destitute Utte creatures yesterday, at 25 Park row, There were about four hundred fed during the day, on 8 aot ture of beef soup and rice, with bread. The highes® number fed on any day up to yesterday did not om ceed 360, and the daily average number was 2%, The whole number fed and taught by the so for the year was 3,861, at a total expense $23,339 21, or a cost of less than $8 each. ‘The by 4d exceed the expenditures by a bale ance of $619 40, In the expenditures are to be geen included superintendents,’ teachers’, viae itors and agents’, bookkeepers,’ employés' and janitors’ salaries, The Society appeals for covers ing Material, which the paucity of donations ax@ subscriptions rendered them unable eee not only for the newsboys and bootbiacks, aise for the poor little chilaren of their relief and é@- dustrial schools, A number of gentlemen and lady visitors were bg yesterday to see the finale of this charte le business, Speeches were made by Mr, Dormam B, Eaton, Rey, Dr. 0, C. Norton, Mr, ‘D, F. Robort. #on and others, in which the poor lttic voys were flattered aud praised to a high extent, and told se be good untd noxt Winter, when they would e again admitted to their hospltavie soup and Wea luuchobna,