The New York Herald Newspaper, April 8, 1873, Page 13

mY THE COURTS. THE GREAT ENGLISH FORGERIES. Effort to Procure the Release of McDonnell— He Is Brought Before the United States Court on a Writ of Habeas Corpus—The Warrant and Commitment Declared Insufficient to Hold Him—Farther Hearing in the Case To-Day. MAUD MERRILL’S MURDER. The Application for a Oommission to In- quire as to Whether Bleakley is the Victim of Hereditary Insanity— Argument in the Oase—Decision To Be Given This Morning. EUSINESS IN THE OTHER COURTS. Important Decision as to Pilotage—A Mint to Champagne Consumers—Decisions, Application was made yesterday before Judge Brady, in the Court of Oyer and Termuner. for & commission to take testimony in Ireland as to tne sanity of the father and a sister of Robert Bleakley, indicted for the murder last November of his niece, Maud Merrill, in house of ill-fame in Neilson place. Judge Brady promised to give this morning ‘his decision in the case. Two important decisions, as will be seen by the reports elsewhere, were yesterday rendered in the Court of Common Pleas. One of special interest to pilots, ship owners and commanders and the other to patrons of champagne. A decision was rendered yesterday in the Court of Common Pleas, General Term, declaring null and void a lease for premises used for lottery pur- poses: Owners of buildings where “Exchange Offices” flourish had better take warning. Hudson S, Rideout and others were owners of the schooner Abbie 8S. Oakes, of Bangor, They libelled the steamboat City of Hartford and the steamtug Unit to recover $8,000 damages sustained by the schooner by being run into by the City of Hartford, in the East River, Judge Blatchford had ordered a decree in the Court below against the City of Hartford only. The case next came before Judge Woodruff on appeal in the Circuit Court, and yesterday Judge Woodruff decided that both ves- sels were to blame, and ordered a decree against both, dividing the damages equally. The tug is not worth half the amount ofthe damages, and Judge Woodroff will hear an argument, at an early day, as to whether the city of Hartford can be assessed for the amount which the unit will not be able to pay. Tgthe matter of Edward Hagan, bankrupt, Judge Blatchford decided yesterday that, in a case where @ surplus exists after the settlement of a bank- rupt’s estate, the surplus is to be applied, in so far as it can be made available, to pay interest on creditors’ claims from the time of filing bankrupt’s petition to the date of settlement. Yesterday, in the United states Court, George McDonnell, who has charged, with complicity in the great frauds on the Bank of England, was brought up on a writ of habeas corpus with a view to his discharge from custody, on the ground that the warrant issued for his arrest by Commissioner Gutman and the prisoner’s subsequent commit- ment were insufficient and illegal. After a traverse to the return and special demurrer had been put in by counsel for the accused, the case was ad- journed till this morning. THE BANK OF ENGLAND FRAUDS. Motion to Discharge MeDonnell on a Writ of Habeas Corpus—Alleged Insaf- Mictency of the Warrant and Commit- ment—A Special Demurrer—The Case To Be Continued This Morning. In the United States Circuit Court, George ‘McDonnell, alias McDonald, who is charged in con- junction with Noyes, Bidwell and others with hav- ing perpetrated immense frauds on the Bank of England, was yesterday brought before Judge Woodruff under a writ of habeas corpus granted by his Honor on Thursday. This writ was sued out by counsel for the prisoner, who allege that the warrant issued by Commissioner Gutman for the arrest of McDonnell, and his subsequent commit- ment, were illegal, and that, therefore, he ought to be discharged from the custody of the Marshal. WDONNELL WAS BROUGHT into the court room at ten o’clock by Deputy Mar- shals Purvis and Croly. He wore an air of the most perfect unconcern, and seemed as jolly and jaunty as if he were going to a pleasure party merely. He was represented by his counsel, Mr. Charles W. Brooke, and the British government, whe have made ademand for the extradition of McDonnell, had for their counsel Mr. 0. M. Da Costa. Among the spectators were Mr. Henry Webb, SERGEANT OF THE DETECTIVE POLICE, SCOTLAND YARD, LONDON. He recently came over with a young woman, Frances Gray, who has identified McDonnell as a person with whom she had been acquainted in London. Mr. Webb has beem many yearg con- nected with the police of the English metropolis, Doubtless he is well known as one of those “Bow- street officers’ who have made themsclves so Circuit been celebrated for the cleverness with which they have often captured runaway thieves and other fugitives from justice in all parts of the Continent of Europe. THE PROCEEDINGS. ‘Mr. Brooke said that, in his judgment, the re- turn to the writ was net sufficient, Would he de- lay the Court by traversing the return ? Judge Woedruff replied that he might demur to the return if he pleased, or he could traverse it. Counsel must adopt his own course in bringing up the issues, as the Court would not undertake te advise him, Prisoner’s counsel then read the return to the writ, a8 follows:—“In obedience to the written writ Ido hereby produce George McDonneil, with the warrant for his arrest and commitment of United States Commissioner Joseph Gutman, Jr., which said warrant and commitment are the causes of his imprisonment and detentien.” Mr. Da Costa centended for the suMciency of the return, Mr, Brooke—I maintain that it is not suMcient. Connsel then read a traverse to the return. The following are the substantial points:— THE TRAVERSE. That the warrant contains no description of any specific offence charged to have been committed ‘by the relator and embraced in the treaty of ex- tradition between Great Britain and the United States, That the warrant is not issued in accord- ance with the provisions of the laws in that be- half, aud is not based upon any sufficient, proper and legaily founded complamt as by such laws re- quired, That the commitment 1s insuilicient and informal, and that the proceedings herein bad upon such warrant and commitment are net in ac- ourdance with the requirements of the act of Con- gress providing for such proceedings under the treaty of extradition herein referred to, Mr. Da Costa said he would like to kuew if that was a traverse, dJuage Woodraff—It appears to me to be dificult to say what it is, ane Da Costa—Perhaps I may say it is a “what is Mr. Brooke submitted that he proceeding, a question of tact and aquestion of law, The warrant and the commitment were in- formal, Questions of fact and of law were em- braced in the traverse, and le contended that the traverse was sumMcient, Mr. Da Costa observed that the traverse, in its present shupe, left It dificuit for him to determine whether he was to address himseif to the Court on @ matter of law er a matter offact. Mr. Brooke nad not, in the traverse. been ax svecific and ore- had raist y this NEW. YORK HERALD, TUESDAY, APRIL 8, 1873—QUADRUPLE SHEET,: ban ss tne taw of the Conrt and its practice re- re : Mr. Brooke contended that the traverse was pre- cise and specific enough; that it conformed to all the requirements of the law, and with the view of faiereeunaaheu ety tee reporte ) U. 8. O Mr.’ Da Costa replied to this 'b; rving that the case of Fareg did not apply case now beiore the Court. + Judge Woodruff said he believed the view ad- vanced by Mr. Da Costa was correct as to the want of sufficient precision in the traverse, aud, acting on this belle, uested Mr. Brooke to plead some- ically in the arene. a ui in & speci jubstant! the same as the traverse, with the exception of an averment as follows:—*‘The magistrate had no jurisdiction to issue @ warrant, because no suficient complaint had been presented to him at the time the warrant was issued.”” Prosecuting counsel said the traverse stated that the return to the writ was insufficient; that the Warrant and commitment were each o/ them insuf- ficient in law to restrain the relator of his liberty, and that the magistrate bad no authority to issue the warrant on ab insuiicient comp! made the ce: int. On behalf ef the prosecuting government the complaint he asked a postponement of the in order to determine what they should do in view of the traverse. ‘The writ of habeas corpus was granted by His Honor on Wednesday last, i 2, and it bind ese! Fetnrnebia oe iy + 1th. ve always the custom, in cases o! D make them returnable at a time sumiciently long ahead to give notice to the other side, and, doubt, that was His Honor’s intention when he made the writ returnable on the 7th. The Mar- shal specified that the writ was served on him on the 4th day of April at nalf-past twelve o' ge and the Commissioner certified that the writ certiorart was served on him on Saturday, April 5, 1873, The notice given to his (Mr. Da Costa's) firm by the other sidggras served on them at their office on Sat , between one and two o'clock in the afternoon, In view of these considerations he asked that this matter be deferred to some future day, when they would have an opportunity of de- che what course they would pursue. Judge Woodrutf—Mr. Da Costa, for whom do you ap! ar in this proceeding ? Marbury, associate counsel for the British vernment, observed that in the course of the Siscussion His Honor’s attention had been called to some provisions of this extradition pays and to the laws for carrying it into effect. His Honor would have to give the subject an attentive con- sideration, and lay down some certain rule of prac- fe aye as the matter brought before the notice of the Court would prompt, Hitherto there had been no difficulty in getting along with cases of this character. He (Mr. rbury) was satisfied that there should be some authoritative dectsion or rule in these extradition cases, so that the treaty might be carried into effect, He did not undertake tosay what that rule should be, He rose mesely for the purpose of saying that the subject was one to mich he desired to ask His Honor’s particular at- nition, Prisoner's counsel, in reply, said that if this was case in which there had been a full and entire consideration of the matter involved he would ac- cord to him the delay he required. But His Honor would observe that the questions raised on the traverse and on the special demurrer were ques- tions that entitled the relator to a speedy hearing. The objection he had to urge was that the whole proceeding was irregular and not according to law, and titat the complaint was not a suficient com- plaint on which to justify the issuing of a warrant for the apprehension of the accused. That was a juestion that went to the legality of the arrest. ‘he allegation is that the warrant is informal and insufficient in law and does not describe any offence under this treaty of extradition. As tothe question of delay spoken of by counsel on the other side, he had to say that all the matters suggested here were suggested two weeks ago on a motion made before the Commissioner to discharge the relator, so that counsel on the othé@r side had ample netice of the questions they would have to meet on the hearing of this return., The relator was entitled te have those matters passed om now. It was not an ap- piisetion relating to matters of evidence, for even if there was the most overwhelming and con- clusive evidence of the guilt of the defendant no Jurisdiction attached to the Commissioner to issue this warrant, and it was therefore proper that the legality of the original proceedings should be speedily inquired into. After some brief conversation between counsel on both sides, dudge Woodruff said that as the matter was an important one he would adjourn the case until to- morrow (this day), at ten o’clock. Counsei for the prosecution said they could not hold two inquiries together—one in the United States Circuit Court and the other before a Cem- missioner—and that it would, therefore, probably, be better to let the examination of the accused be- fore the Commissioner go over to some other day. Counsel for the prisoner, objecting, said there were some special reasons why the eXamination should not be adjourned trom the day named, and he was about to state them, when The Court said this was a matter upon which it .Would not give any directions. The eXamination of the accused had been fixed for twelve o’clock to-morrow (this day), before the Commissioner, and it was decided that if they did net cenclude the argument upen this habeas corpus they could adjourn for the examination ata quarter to twelve o’elock. THE MURDER OF MAUD MERRILL. ppaedetteuias Bleakley, the Alleged Murderer, Said to be the Victim of Hereditary Insanity— The Application for a Commission to Inquire Into the Facts—Judge Brady to Give His Decision This Morning. In the Court of Oyer and Terminer yesterday, before Judge Brady, Mr, Wiliam F. Howe, counsel for Robert P. Bleakley, who shot, In November last, in a house ot illrepute, in Neilson place, his niece, Mary Ann Foley, alias Maud Merrill, submitted several afidayits in support of his previous applica- tion for a commission to issue to Ireland to procure evidence bearing upon the question of the sanity of Bleakley, and alleged to be very material and important in his trial. The first of these affidavits was from John Frost. In this affidavit Mr. Frost alleges that he has known Bleakley intimately for the past seven years; that Bleakiey has repeatedly stated that his father died a lunatic in a lunatic asylum in Ireland; that a sister of his, confined in the same institution for lunacy, committed suicide while there; and further, that during all the period of his acquaintance with the prisoner he has re garded him as of unsound mind. Mr. W. B. Marsh, whose acquaintance with Bleakley extends through a period of twelve years, seta forth pre- cisely the same facts and a similar conclusion as to the insanity of Bleakley. Last in the list was the affidavit of Bleakley himself. In his affidavit Rleakley asserts that his father, Robert Bleakley, died a lunatic twenty-eight years ago in a lunatic asylum known as the South Infirm. ary, in Cork, Ireland; that his sister, Mrs, Charlotte B. Smith, in 1872, while confined in the same institution asa lunatic, committed suicide; and that David Douglass, & schoolmaster, living in Cork: Rev. David Robert Bleakley, an uncle, liv- ing in Glasson, Athlone, Ireland; Alexander D. Corrach, a shipping merchant in Cork, and Rich- ard Smith, the husband of his deceased sister, are all knowing to these faets and are material wit- nesses in his case, Upon the above affidavits Mr. Howe strenuously urged the panne of of & commission to examine the parties refer to. He pictured Bleakley as a post man, without money and without iriends, ut, notwithstanding the latter's still continued protestations that he was perfectly sane, he, as nis eounsel, felt it incumbent on himself to omit no ble effort or chance to prove his irresponsibil- ity for the terribie crime charged against him. He urged that the granting of such commissions was not unusual in the case of indicted murderers. Judge Brady—Such a commission was refused in the case of King. Mr. Howe—But it was granted in Stokes’ case. Judge Brady—rhat was net to prove insanity. 1 cannot see the ible significance of the proof sought to be obtained. The question is whether Bleakley is insane, and not whether his father or any other of his relatives were insane. He ts to be Judea solely ead own conduct, ir. Howe insisted that the strongest feature in the case, and one that would have the most wurst with the jury, would be to show @ hereditary taint of insanity. He could hardly believe that the District Attorney would oppose the application. efforts to» violators of the to punishment been unremitting, met with general and most deserved approbation; but there were other persons hé could try till re- turns could be received trom this commission. He had several other homicide cases, any one of which he was willing to have tried at once. He made the Present application with the most conscientious sincerity and simply as an act of justice, Judge Brady asked why the application had not been made at an earlier stage in the case. Mr. Howe said he had been, as His Honor well knew, incessantly occupied for several weeks in the trial of homicide and other cases and did net have time to give this earlier attention, This com- mission would not Wee amenth, and meantime the cause of public justice would not suffer. District Attorney Phelps’ called attention to the length of time that had ensued since the homicide occurred, and contended that it was too late in the day to make this application. He insisted that it was @ well settied rule that the fact of hereditary meanity was utterly useless on the question of sanity, except when accompanied by some texti- mony showing insanity m the person himself. The mere fact of the crime and some person being in- sane in the family was not cenclusive of insanity. Mr. Howe said if the District Attorney could see the piles of manuscript which Bleakley was con- tinually seudingyto him, and which he cailed “little notes,” he would conclude at once that Bleakley was insane. Judge Brady romerne that he had sider: given com t of insanity, A | his ancestors were insane, though all his ple reflection to the subj t he sane, (arty ad a man might ‘attacked him, knocked him down and held him ancestors were sane. He sald ne would take the Papers and give his decision this morning. BUSINESS IN THE OTHER COURTS. ‘SUPREME COURT—TRIAL TERM. Suit Against the City by Painters. Before Judge Davis. * A suit by Nicholas W. Power, a8 assignee of thirty-seven men employed as painters in the Burtau of Lamps and Gas, of the Department of Public Works, to recover $75 claimed to be due to each from the city, was tried yesterday in this Gourt, Nineteen of the painters tes- fled. rformed the work for which payment W Mr. Dean, for the hich it Was Moved for ® dismissal of the complaint, on the er ieee peiatior ete te the payment n applica’ Wr'the cali; second, that no authority was shown for the employment of these persons. The mgtion nied, and then Mr. Storrs was put upon the and testified that the appropriation of mps and was that a large amount of the a) pI re and fraudulently expeaded, though he had no knowledge upon the subject. motion I Greer me ope! and after argument in opposition by Mr. bourtney, Counsel for the plaintiff, the Court reserved its de- jon, SUPREME COURT—CHAIBERS. Decisions. By Judge Fancher. In the matter of the application of the Commis- Sieners of Ventral Park relative to opening of cer- a sew avenues.—Keference granted to take rool, Ross, Jr., vs. Schulhoff,—(3ee mem.) In the matter of Carlisle Norwood, receiver.— (See mem.) Chisholm vs. Farrell and others.—Report con- firmed and order granted, Fogarty vs. Fogarty.—Reference ordered. In the Matter of Campbell.— (See mem.) The Tradesmen’s Fire Insurance Company vs. Bagien, adamant granted, lerrill vs, Merrill.—Report confirmed and judg- ment of limited divorce granted, with costa. Mundorf! vs. Mundorf.—-helereuce ordered to take account. In the Matter of the Receivership of E. H. Newell, Receiver.—Petition granted and receiver allowed to bring action. Jenkins vs, Jenkins.—Report confirmed and Judgment of divorce granted, with costs. inthe matter of Burnham, &c.—Prayer of peti- tion granted. SUPERIOR COURT—SPECIAL TERM. Decisions. By Judge Sedgwick. Schackelford vs. Franee.—Order of reference. May vs. Schayler.—Sdme. Zabriske vs. Egan.—On trial. COURT OF OYER AND TERMINER. A Charge of Assault and Robbery. Before Judge Brady. John Smith and John Tully, both young men, were placed at the bar yesterday, under an indict- ment for robbery committed on Mr. Barnes, The evidence of the complainant, Mr, Barnes, was to the effect that he was followed from a lager beer saloon in Division street to his own residence, No. 4 Wooster street, by the two prisoners; that Smith while Tully took $56 out of his pantaloons pocket. The dispute frst occurred in Northoi™s saloon, Smita then sald, “But for your Dutch friend, I'd kill you.” Several persons in the lager beer saloon confirmed the statement, he prisoner, Smith, said, upon being placed on the stand, thar he was drinking in the saloon with Barnes; that the dispute arose because of the latter calling him the father of a thief; Smith said he would not allow him to say that if he was sober; Barnes was drunk; the witness went home after these words, and as he was Vangie by Barnes’ house he was attacked by him, thrown down and hit under the chin; he may red back,” but Barnes struck the first blow; witness had been drinking, but was not drunk; Tully was about ten feet away when witness was knocked down, bat came up and tried to pull Barnes away from kim. John Tully also took the stand and told astory similar to that of his fellow prisoners, A young brother of Smth’s was examined, and gave a statement differing only from that of the other two witnesses in that he said his brother was knocked down twice and was bit on the chin the second time he fell. Maggie Carrell, who saw the occurrence from a second story window, gave testimony corroborat- ing the two prisoners, Catherine Carroll testified to secing Barnes drank the day of the occurrence, and that he was Subsequently Intoxicated, This witness also gave evidence on the trial of the prisoner, Smith, for the murder of Augustus Brown, which occurred last Winter, and which he was charged with having committed in connection witha brother of the ner, Tally. The jury brought in a verdict ef assanit and bat- tefy, and the prisoners were remanded for sen- tence until Thursday. A Hotel Thief. Dominick Killoran was arraigned on a charge of grand larceny, in having stolen an overcoat from the Fifth Avenue Hotel. He offered a plea of guilty of petit larceny, which was accepted, owing to the difficulty of ascertaining tne true value of the coat. Judge Brady sent Aim to the Penitentiary for six months. This is the boy who was tried a few weeks ago for attempting to induce the messenger of the Park Bank to commit a robbery on the bank. Asking for Stay ef Proceedings. ~~ A few days since three women entered a Broad- way store, and one of them, as charged, stole a shawl. One of the women, Elizabeth Ormsby, was convicted before Judge Sutherland and seatenced for four years to State Prison. Application was made im this Court by ex-Mayor Hall for a stay of proceedings and writ of certiorari. The ex-Mayor made one of his old-fashioned arguments, running over with law and humor. After an opposing argu- ment by Assistant District Attorney Rollins the Judge took the papers, reserving his decision. COURT OF COMMON PLEAS—GENERAL TERM. Important Pilot Decision. Before Judges ©. F. Daly, Robinson, Larremore and Loew. The steamer St. Louis, running petween New York and New Orleans, was spoken off Sandy Hook when coming into this port by John W. Murray, @ pilot licensed under the State law. The vessel refused to take him on board, and he brought suit before Judge Quinn in the First District Court to recover his pilot- age fees. Mr. John E. Parsons, for the defendants, argued that the St. Louis was “@ coastwise steam vessel’ within the meaning of the act of Congress of 1871, providing that “all vessels propelled in whole or in part by steam, when navigated within the jurisdiction of the United States, shall be subject to the rules and regulations established by the United States for the government of steam vessels, and that every coastwise sea-going steam vessel subject to such rules and feguiations, and to the naviga- tion laws of the United States, not ‘sail- ing under register, shall, when under way, except upon the high seas, be under the con- trol and direction of pilots licensed by the United States Inspectors of Steambeats,’’ and therefore ‘was not required te take a pilot under the State Ta The United States statute provides that in e case of the vessels indicated no charges by State or municipal action shall be levied, but it a, excepts “coastwise steam vessels’ from the operation ef this saving clause. Judge Quinn gave judgment for the piaintitl, and defendants appealed to this Court, where the judgment was yesterday affirmed. Chicf Justice Daly, in rendering the decision, says that where this statute refers to a “‘coastwise sea-going steam vessel net salling under register” it must mean one that is enrolled and licensed for the coasting trade, and a vessel sailing from one part of the coast of the United States to another, or which is empleyed in the whale or coast fisheries, and does not refer to a registered vess that may trade or sail to any port of the world, as it was expressly declared “not sailing under regi: ter.” That the State pilot law of 1867 in no way cenflicts with the provision of the United States act, the obligation of taking a pilot licemsed by the State Board being unly imposed upon masters of foreign vessels, vessels coming trom «# foreign port and vessels satling under register. A ceast- wise vessel is one sailing by tre wi of or along the coast. Ina certain sense the St. Louis was @ vessel of this Fong Speed but was not neces- sarily limited to running by way of or to and from ports npen our coast. She was a regisiered vessel, aud, being 80, was privileged te go to or stop at foreign ig and ou the Me ad in question had Py gel at Havana. That she was ander control and direction of her master, whe was # United States pilot, did not affect the question. Dect He John W. Murray vs. John. H. Clark and Samuel H. Seaman,—Judgment affisined. Opintow by Chief Justice 2 Edward Bradley va, M. H. Dodge.—Juagment affirmed, Opinion by Judge Loew. Thomas Camppell Ys. Fenty Kearney et al.— Judgment of the Court below should be aftirmed. Opinion by spees Leew. Andrew Lu affirmed. Opinioa by Jnage Isaac Edelworth vs. Alcx. McGarran.—Jndgment reverse. inten by Judge Loew. William Movarthy vs. John Mofris.—Judgment “iterman Ladwig vo, Hem "Nr Winot, &e.—J vs. Henry N. .—Judg- ment aMrmed, by Judge Robinson, Fredrick W. Peck and others son.—Jadgment affirmed, Opinion by Chief Justice Daly. John M. Robertson vs. Lewis HW. Gaus.—Judg- ment reversed. Opinion by Chief Justice Day William Hearne and others vs. Mary Livingsion.— Pi nt reversed. Opinion by Chief Justice Daly, ward Mulligan and others vs. William Bowen.—Judgment afirmed. Opinion by Chief Justice Dal Jobn janus vs. Michael Donahoe.—Judgment affirmed, Opinion by Chief Justice Daly. Michael Curley vs. Theo, KE, Tomlinson.—Judg- ment reversed, Opinion ny Chief Justice Daly, John Stewart vs. Louis Berge.—Order affirmed. Opiates Bz Gilet uation Daly. yer Steinberger and othera vs. Owen McGov- gre rysement reversed, inion by Judge Lar- remore. curring opinion by Chief Justice Daly. Horace N. Tenny vs. Joseph Fletsable.—Judgment Opinion by Judge Robinson. Albert Schindler vs. George Ewell and others.— lication to go to Court of Appeals denied. Opinion by Judge Larremore, COURT OF COMMON PLEAS—SPECIAL TERM. A Sult of Interest to Lovers of Good Champagne. Before Judge ©. F. Daly. Renauld vs, Davis.—This suit was commenced by Renauld, Francois & Co., of this city, who are the sole agents in this country for the importation and sale of the sparkling champagne so well known to levers of good wine, as Piper-Hetdsick, against one Barron Davis as defendant, for the pur- pose of obtaining a perpetual injunction restraining the delendant irom selling spurious wine with a counterfeited labe], or trade mark, in- tended to represent the label or trade mark upon the genuine Piper-Heidsick, ‘The defendant interposed a demurrer to the com- Plaint on the ground that the plaintiffs had not encoun. with the United States law as to trade marks. This demurrer was overruled, with leave to answer on payment ofcosts. The time to answer having expired judgment was yesterday entered for the plaintitts for the costs, and perpetually en- joining the defendant trom Rreping or selling any wine with the counterfeited labe!, The plaintiffs brought this action as @ test case, and will new proceed vigorously against persons selling wine with counterfeited labels, as well as against an; pe found printing or using ceunterteite fa : 18. Martin & Smith for plaintiff's and A, B. Chalmers for defendant. SEFFERSON MARKET POLICE COURT. Grand Larceny. At the Jefferson Market Police Court yestorday, before Justice Cox, Thomas J. Reid, a carman, Was charged by his employer, Dantel Marcus, of 222 West Kighteenth street, with stealing a quantity of lmen valued at $67. He was committed in de- fault of $1,000 bail to answer. Highway Robbery. A young man, named Michael Carmon, was arraigned before Justice Cox for highway robbery. When the case eame up for examination the com- plainant was net present, The prisoner was, how- ever, identiflea as being concerned in the robbery of @ chain from the person of Mrs. Lydia Doty, of the St. James Hotel, last week, at which time he escaped, his accomplice being arrested. He was held to await the action of the Grand Jury. John aed of 446 West Twenty-sixth street, was charged with knocking down and robbing John J. White, of 412 West Twnety-fitth street, while on BRighth avenue, He was remanded for further ex- amination, YORKVILLE POLICE COURT. On Thorsday night last a freight car of the Har- lem Railroad was broken open by thieves at 100th street, and robbed of two trunks and a roll of carpet, in all of the value of $560, The property belonged to Mr. Robert Knowlton, of 239 East 110¢n street, who has come to this city from the country to live, and whese entire moveable property was fn the car that was robbed. The matter was placed in the hands of detective Hughes of the ‘Twenty-third precinct, who succeeded on Saturday in arresting Edward Ford, a drover residing in Ninety-seventn street. He denied having anything whatever to do with the rebbery, The evidence produced was, how- ever, so strong against him that Justice Coulter committed him for examination. Close to where Ford resided, in Ninety-seventh street, the police found one of the trunks in a vacant shanty, and it is supposed to have been placed there by him. ‘There are others who are suspected of having been implicated with Ford, and they wili probably be brought into court to-day. Albert Friedel, a German, who resides in Fifty- third street, near Sixth avenue, got on a spree on Sunday night, and amused himsell by firiug a re- volver several times into the air. Justice Coulter fined him $19, and put him under bonds of $500 to keep the peace tor six months, THE POLICE COURTS FOR THE PAST QUARTER. Tabular Statement of the Cases Disposed Of for the Quarter Ending March 31, 1873. The following is a correct table of the business done in the five different Police Courts of the city during the past three months. It shows the num- ber of cases and the disposition made of them. The gumber disposed of in Special Sessions is espe- cially neticeable, considering that the Court sits but three times a week, and then for but a two hours’ session :— Mirdemeanors Sent to ecial Se: Felony Cases Sent to Grand Jury. § First District Police Court—Jus. tlees Hogan and Dowling. Second District Police Court—\ Jus. tices Ledwith 20 239 ‘Third District tees Shandley 165 x , Fourth District Police Con tices Bixby and Coultes 3 Fiith District Police Court—Jus- tice McQuade... eerie ‘Totals Convictions Acquittal Discharged by reason of non-atie Sent to General Sessions...... Total number of cases. SvurnemMe Covrt—Crecuit—Part Fanch Os. 993, 485, 339, 913. b 795, 87 465, 947, 1015, 417, 305, S714, 387%, 875, 923, 979, Part 2—Held Cys aaee. Dayvis,—Nos. 240, 90234, 2223, 2226, 2227, }, 886, S723, 14, 442, 1304, 2140, 2182, '2836%4, 300, 380, 458 1g, 852, 854, 114, SUPREME CoURT—C) KRS—Held by Judge Bar- rett.—Nos. J7, 18, 19, 23, 26, 36, 47, 74, 83, 84, 87, 90, 107, 108, 114, 120, 121, 127, 129, 137, 188, 139, 141, et 147, 148, 150, 131, 152, 153, 154, Call 15d. Specii Term adjourned until Wednesday. Sureaion Court—Triar 1! Part 1—Held by Judge Freedman.—Nos. 1937, 2411, 2039, 1287, 1895, 2087, 2001, 2095, 2099, 2109, 2111, 2115, 2117, Part 2—Held by Judge Curtis—Nos. 726, '2478," 1256, 1384, 186, 1112, 2420, 1518, 1614, 1400, 390, 1680, 1308, 1578, 782 “which was a nee the probabilities were against it; witness saw a cup containing tea on ® mantel, and told the daughter to preserve it, ‘This testimony was corroborated by Dr. Crane. Dr. Moore, who made the post mortem examina- tion of Mrs. Van Syckle, testified that all the or- gans save the kidneys, liver and stomach were in their normal condition, The cooing portion of the stomach was very much inflamed. Witness said that he ‘was not familiar by his own expert- ence with the ON: arance of arsenical pelsaning, bat he knew that Ipfammation was caused Sy an active irritant, and arsenic was an active irritant. The spleen and kidneys and liver and stomach were put in sealed Jars and delivered to Professor Eaton. Dr. Robbins corroborated this testimony as to the post-mortem. Emel Hetdenrich, of 59 Henry street, a druggist, swore that Dr. Crane brought him a liquid in a bot- tle to analyze; he poured the liquid into aclean bottle and his ‘ther analyzed it, Mr. W. Roeiilion, the partner, who is also a drug- gist, testified that he was not accustomed to making analyses, but he did make an examination of the fluid brought by Dr. Crane; he had studied chemistry to aid kim in his business as druggist; in be presens case he used Marsh’s test to detect Counsellor Spenger objected to all questions tending te disclose the result of the analysis. He argued that other people besides the prisoner had access to this-cup of tea, Judge Tappen sustained the objection, so far as It related to this witness’ testimony. Proiessor Eaton, who made the analysis of the deceased woman's stomach, gave the result of the analysis, showing the presence of arsenical poison in the stomach, Mary Elien Van Syckle, aged about twenty-two years, a daughter of the prisoner, was next called to the stand, and her testimony, as taken at the inquest, was read by the District Attorney to the jury. Miss Van Sycklo was attired in deep mourn- ing, and her face was concealed by a veil. She was considerably affected. It speared from her testimony that the witness had® heard her father say that he wished her mother was dead, and that her mother often did not cat meat he had sent to the house, saying she did not like it. On one occasion they ate some pork and were sick- ened by it. On the day preceding her death Mrs, Van Byckle, who " appeured perfectly well, went to New York with lary, and on their return Mrs. Van Syckle took half a cup of tea brought by the servant, Johanna Oa she was immediately made violently ill and died that night; during the night the witness asked her father to go for another doctor, but Van Syckle would not, and said, “Never mind, wait till morning;” wit- ness heard her mother say to the doctor that Van Syckle was a bad man, and ask him if he did not think he (Van Syckle) had poisoned her; the balance of the tea was placed in a cup- board and remained there until Dr. Crane got it. ‘The witness affirmed the testimony, Professor Eaton was recalled and gave the result, of the anatysis of the tea, showing that he found arsenical poison in it. Counsellor Spencer objected to this testimony. ied eae adjourned until this morning at teh o'clock. SUPREME COURT—SPECIAL TERM. An Effort for the Release of Lucette Myers. Before Judge Tappen. Counsellor MeClelland yesterday afternoon made application for a writ of habeas corpus for the re- lease of the woman Lucette Myers, alias Arm- strong, the detained witness in the Goodrich case, ‘The application for the writ Was based on the fol- lowing petition :— To tux Honorantx Oxx or Tur Justices or tux Su rReM® Cou ‘The petition of James D. McClelland respectfully shows that Lucette Armstrong ‘is illegally restrained of her liberty by the Sheriff or Warden of the Raymond Street Jail, In the city of Brooklyn, and that she ls not com- mitted or detained by Virtue of any process ssued by any court of the United States or yy any judge thereof; nor she comunitted or detained by virtue’ of the final judgment or decree of any competent tribunal of civil of criminal jurisdiction, or ‘by virtue of any execution issued upon ‘such judgment or decree; that the c: Cay eof such detention, according to the best of the knowledge and bellef of your petitioner, 18 an illegal commitment, issued by Coroner Whitehill, one of the Coroners of the city of Brooklyn; that said commitment was issued on the 2th day of March, 1873, detaining — the said Lucetie @as a witness; that upon the Ist day of April, 1873, the said Lucette was examined as a Svitnes by ‘said Coroner upon an inquest hela to inguire into the death of one Charles Goodrich, at the Kings County Court House, and was there mitted to the ond Street Jail without bail; that swid Inquest has adjourned without day ; that her further detention wasin violation of law, an outrage of her libs da flagrant violati of the constitution of the St New York; Whereupon your. petitioner prays that a writ of haben: oOrpus ued, directed to the Sheriff or Warden of the Raymond Street Jail, commanding him to produce the body of the said Lucette, in order that the legality of her further detention may be inquired into and a writ of certiorari requiring hin, the said Coroner, w certify to the Court the cause of her detention. JAMES D, MoCLELLAND, for petidoner. Avni 7, 1873. ‘The application was granted, the writ being made returnable this morning, at ten o'clock. COURT OF APPEALS CALENDAR. New York, April, *, The following is the Court of Appeals day dar tor April 8:—Nos. 57, 58, 59, 23, 49, 62, 40 THE IMPRISONED EDITOR. - 46, Testimony Before the Assembly Commit- tee Yesterday—Malappropriations and Violations of Law in the Management of the Mutual Life Insurance Com- pany=The Investigation to be Con- tinued at Albany. The Assembly Committee on Grievances, ordercd to investigate the complaint of Mr. Stephen Eng- lish, now confined in Ludlow Street Jail on a charge of libel, was again in session yesterday at the Metropolitan Hotel. The proceedings were re- sumed at ten o’clock. The Motual Life Insurance Cempany, the prosecutors of Mr. English, were rep- resented by Mr. Sewell. THE TESTIMONY. The first witness examined was Mr. James W. McCollough, a provision broker, who testified that he knew Mr. English; had no business relations with him, and never joined him in an attack upon the Mutual Company ; he investigated the affairs of the Legisiature; ascertained froma record of the books that Mr. Winston’s son, former cashier of the company, had taken a policy upon his life for the sum of $2,500; testimony taken at the examina- tion before Mr. Miller had been copyrighted py them, and its publication suppressed, so far as he knows; if was surrendered on October 2, 1862; in September of tue same year the son teok out another policy for $4,000; it was surrendered in February, 1864; on the 2d of February he took out another policy for $6,500, Which was forfeited for non-payment of dues; he died in 1866; after Court OF COMMON PLEAS—TRIAL TERM—Part 1—Held by Judge J. F. Daly.—Nos. 3103, 1134, 1976, 487, 1551, 885, 2076, 571, 1930, 1628, 612, 613, 3193, 3194, 1494, vart 2—Held by Judge Larremore.—Nos. 1759, 3276, 1983, 1564, 2044, 2047, 2048, 2049, 2053, 2054, 2056, 2066, 2067, 2058, 2060, COURT OF COMMON PLEAS—Equity TsrM—Held by Judge Robinson.—Nos. 49, 50. MARINE COURT—TRIAL TERM—Purt 1—Held by Judge Curtis.—Nos, $750, 115, 1663, 1664, 1570, 1656, 1266, 1315, 1080, 1746, 1622, '1603, 1797, 1801, 1803, 1779, Part 2—Held by Judge Spaulding.—Nos. 1615, 1905, 1811, 1821, 1825, 1822, 1826, 1827, 1828, 1829, 1890, 1841, 1842, '1843, 1844, ‘Part 3—Held by "Judge Howland. 2316, 2510, 1250, 2411, 2313, 3, 0: 2319, 2920, 1549, 2821, 1835, 1936, 1837, 1839, 1840, BROOKLYN COURTS. COURT OF OYERR AND TERMINER. Trial of John Van Syckle for the Alleged Polsoning of his Wife. Before Judge Tappen and Associate Justices, John Van Byckle, a coarse looking man about fifty years of age, was placed on trial yesterday morning on the charge of having, on the i0th of | October last, potsoned his wife, Catherine Van Syckle, to death at their residence, corner of Henry street and Love lane. The prisoner is a buteher and had been long on rather unpleasant terms with lis wife, It is said, in fact, that Mrs, Van Syckie, @ short time before her death, in- tended to institute preceedings for a divoree. Van Syckle himself wi poor, but his wife was pos- | wessed of some means, being the owner’ of the | house they lived in and of several other houses in Brooklyn. On the day in question Mrs, Van Syckle and ber danguter had been to New York, and on | their return the former drank a part of @ cup of | tea, and was immediately prostrated, with all the symptoms of poison, and died that wight. The ‘analysis of the contents of the stomach and of the balance of the tea reyealed arsenic. Van Syckle and the servant, Johanna O'Leary, were subse- quently arrested, and the former was indicted lor murder In the first degree. The case excites but little interest and the court room Was 2ot crowded yesterday as it usually is en the occasion of a murder trial, District Attorney Britten appeared for the people and Mr. Charles Spencer for the defence. A jury was easily ob- tained and Mr. Britton briefly opened the case for the prosecution, | ‘The first Witness, Dr. JH. Colton, who attended | Mrs. Van Syckle on October 10, said he found ber | miting aud purging; hie suspicions were aroused in connection with poisoning previous to | | i arrival at the house. Counsellor Spenver objected | to the reception of these suspicions as evidence ‘The witness and the vestimony was stricken out. then went on to state that h issued for $12,000 to Frederick 8S. and Gustavus Winston, father and brother of deceased, as trus- tees of ‘the children; Alexander W. Bradfor lawyer, Was trustee of the company; he obtained a policy im the year 1846 for the benefit of his wife; , in June, 1867, she was paid $3,000 for the surren- der of the policy, which was in violation of the law; the value of it was $2,572 36; it was restored in September, 1867; 1¢ was paid asa debt claim to the estate of Bradiord in November following; the $4,000 with interest was expended for its restora- understood Mr. Bradford died in October, 1867 ; there was a policy of J. B, Houston for $10,000; the | premiums paid were $1,529 46, and (that amount | was paid for its surrender; the sabject of THE PRESIDENT’S SALARY was referred to a committee on June 7, 1865; a re- port was made iw November, 1867, recommending that the salary of the President be fixed at $20,000, to commence on February 1, 1865; he had ween paid during that time at the rate of $12,000, which was charged te suspense account; he received bonuses from 1865 to Lsé7 to the amount of $37,471 60, aad further bonuses, inaking altogether $56,260 92 to | 1870, over and above is salary; to dividend account; it should to expense account, for it wax an to policy-holders, and was their the President's salary. was suspendea because he was o bankrupt, and the creditors were endeavor- ing vo attach his salary; it was evidently done to enable him to detrand his creditors; tut is the only inference that can be drawn; he bad @ son as cashier, one as medical examiner, one a clerk and a son-in-law as agent; the seu who died received a bonus of $3,7500n March 9; his salary was $3,000, and it was continuedafter bis death until February and $600 was also given; the medical examiner re- ceived a bonus in February, 1860, of $2,206 44 and in January, 1870, $1,400 These BONUSES Were charged to divwend acceunt instead of ex- pense account, and thus polic; velved; there have been malappropriations of money ; the payment to the Son Was woe, the Money paid for restored policies and tue benuscs were malappropriations; there is an item oF $6,000 paid to Benjamin PF. Manierre in 1867, he belug Commis sioner of Police, stated for legal services; $5,000 aid to William A, Bailey, at Washington, to be re- lieved from taxatio @ Was $2,200 paid to Mr. stood that it was used in Albany; some snus nioney was charged to taxes; there are different sums paid to Mr. Manierre, to the amount of $6,000, Which it was believed was USED FOR LK MEATION at Albany: this was in i868 and L406; several mil | ons of dellars are, Joaned by the comp: yearly; the cash is deporged temporarity In banks wien received; they wust have a large amount always | leposit; the books show that loans have been | vested that the interest may be ou ie to trustees of the company: im June, Is64, mour A. Husted received from Mr. Winston $5,000; it was returned in July with interest ; there is notuiny to show that any security was given; tt was checged United States stock, and credited as ceived from United States securities, and it was ‘the transaction was concealed from the to he Finance Committee's knowledge; from June 16 @, September 12 Mr. Winston, by au arrange vs, Michaet am-4 tive and had abated, though she had mot ralited yet, | ment made with Governor Se 8. ©, North and John H. Seymour "sisaut . which there ig no record on the books; tt wa paid by Warrant of the State Comptroller; no see + ity was Lg sed for thia except the personal Bd of orth and Mr. Seymour; ¥Y aid for sick and wounded soldiers: the money was joaned in his individual capactty, not as President of the company: the Finance Committee knew noth- ing Of this transaction ; it was returned as eash ow hand from week to week by the cashier, The wit- hess stated that since the examination he had made these statements publicly in Koston aod Albany, at @ public meeti - fouled, p ceting called by the policy: yee Ghenvativen here Shlourned and returned to hany in the afternoon, where the investi wull be continued, bog NEW YORK EAST CONFERENCE. SEER ETE} Fifth Da, Proceedings-—Moral and Financial Condition of the Districts Interesting Letter from the the Venera- ble and Rev. Samucl Dunn, of the British Conference—Misceilancous. The Conference resumed its sessions yesterday. Rey. F. P. Tower then offered a resolution in ro- gard to providing district parsonages for the Pre- siding Elders and asked for a committee of ten, five preachers and five laymen, for each district, wita fail power to act. iy The characters of the supernumerary and the superannuated preachers were passed and their relations continued. NEWARK CONFERENCE DICTATING TO THE NEW YORE PREACHERS, A resolution adopted ‘by the Newark Confereace at its late session was read, as follaws, and referred to 4 committee of three, consisting of Revs. Curry, Woodruff and J, Parker:— Whereas those unofficial gatherings known as preach- ers’ meetings are held in most large cities; and whereas discussion of controverted subjects become com- a in some of these meetings; and whereas such us often tind their way into the public prints in frag- utary or even distorted iorm, to the great injury, as we believe, of the h and the cause of God; and whereas the Newark Conference Is largely represented in the New York preachers’ meeting ; therefore ecttully but earnestly suggest to 0 Resolved, That we the menibors of said meeting either its discontinu: atleast such a limita of its exercises as will exclude CN a) discussions on controverted theological sub- a EPISCOPAL SUPPORT DISTRIBUTED. ‘The Presiding Elders, the committee on the dis tribution of the apportionment of the Episcopal Fund among the several districts, reported as fol- lows :— To the New York District. ...-.--. ous ‘Yo the Long Island south Disteie aM To the Long Island North District Bi To the Bridgeport District. ss To the New Haven District ...... Total amount apportioned to N. Y. East Conference $3,400 The Committee on District Parsonages was appointed as follows:—Rev. F. P. Tower, T. Ba Brush and W. H. Russell. . “SAMMY”? DUNN'S EPISTLE, An Interesting letter from Rev. Samael Dunn, D. D., of the British Wesleyan Conference, was read, Dr. Dunn was fora few years a member of the East Conference. He has just completed his seventy- fifth year, and has during the past year preached 300 sermons gratuitously at St. Just, and since he left there in September last he preached twenty- five more sermons in the scenes of his early labors, St. Ives, where the first Methodist Society in Cornwali was formed and the first meeting house was pulled down by the mob for joy that Admiral Matthews had beaten the by omer and where John Wesley and John fison lay for many ee es on the floor with reat coats and Buekell’s Netes for pillo' and had to pick biackberries for feod on the adjoining downs, Now, out of a population of 5,000, the Mechodists have 3,000 hearers in their four chapels. The little one has become @ thousand. Father Dunn has aiso preached ten sermons in Falmouth, where Wesley in 1744 was taken prisoner by @ furious mob, and where forty years after high and low, out of kindness, lined the streets to sce him as the King was passing by. The venerabie “Sammy,” as he is famuliarly called, preached ten sermons in Penzance, where Thomas Maxteld, Wesley’s first lay preacher, was thrust into a dan- goon and was then offered by the magistrate te # man-ol-war. He also preached at Camborne, where the champion of fie mob, who had oftea sworn that Wesley should never preach in the parish, at last gave up the cause, saying, “One re 4 ‘#8 well blow against the wind;” and again at Re with, where THE FOUNDER OF METIODISM, preached in the streets and thousands wept aroun@ him; also at Greenup, though not in the amphithe- the company with Mr. Hand, by the authority of | his death the policy was restored and a new one | these were charged | have been charged | expense | money; | | olders were de- | | Hyde, of the Equitable Insurance Company; under- | nine members from the Board at lary atte, where Wesley often “witnessed the most magnificent spectacle which 1s to be seen on this side of heaven,’ ‘There are some thirty thousand Methodists now tn Cornwall, Father Dana has preached among all the branches of the Methodist connection and has advocated in each the unifica- tion of all who hold the same doctrines and differ but little in discipline, He found little sympathy for this movement among the people, and he aska the very pertinent question, “Do ye think that the | Scripture saith in vain, ‘The spirii that dwelleth io us lusteth to envy??? CONDITION OF THE DISTRICTS. Mr. Pillsbury then gave an account ef the rel. gious and financia! condition of his district, New Haven, in which there have been about five hun- dred conversions during the year. Three new churches have been built, at a cost of $29,000, and repairs and improvements have been made upom others, at a cost of $40,000 more. ‘There are sixty churches in the district, whose estimated value ts $765,100, on which there is # dept of a little over one hundred thousand dollars, The Insurance om the property is only $240,000, The amount raised for ministerial support was $55,000, All the preach- ers were pronounced blameless in character. Dr, Scudder reported for the hth he fg district not ‘very great nancial or spiritual progress, though they had seme large and useful revivals im the district, and there is # slight increase tn their financial collections over last year, Two new churches and a few new parsonages are under way, but he did not like the way in which the people do up their finaneial interests. They were continually talking to bim about the number and extent of their collections, but they don’t pay up very promptly. He wislied they would think more about evangelistic enterprises, and he believed their financial affairs wonld be in much better condition ff they did. He had promised to preach to some of thern on the significant letters, C. 0. D., jor he found that their religious interests are managed in the same loose way as their finances. ‘Yue preachers in this district, too, were pronounced blameless in character, A resolution was adopted providing for the pub. lication of brief memoirs of the deceased wives of ministers of the Conierence in the annual minutes, und Revs. C. B. Ford, W. Lawrence and A. S. Hunt were appointed the Committee on Memoir tor Mra. Haynes, of Brooklyn, who died in the Hanson place church parsonage Lace the session of Conterence commence: ‘arrie Another member presented a resoftution prenibit- ing licentiates and unordained ministers from cele- brating marriages; but, as it seemed likely to pro- voke discussion at the time of adjournment, the Conference laid it on the table and soon thereafter adjourned. EDUCATIONAL AFFAIRS. eee le Ene saan ret Meeting of the New Board of Eduea- tion—Mr. W. H. Wilson Elected Clesrk— Congressman Roosevelt's Extra Pay. The newly appointed Commissioners of Common Schools assembled yesterday afternoon pursuant to adjournment, with Mr. Albon P. Mann in the chair. The meeting reom was crowded to excess by teachers, ex-commissioners and politicians of sit grades, and all evidently fully engrossed with the importance of the occasion. All the Commissioners were present, and a more generally shrewd and intelligent looking body of men it would be very diMeult to conveve. After the usual preliminary business had been disposed ot Mr. Commissioner Klamroth. moved to proceed to the election of President. ‘This was carried, and the vote taken resnited ag. follows:—William H. Netison, 16; James Cushing, Jr, 4; Jacob D. Ver- milye, 1. The election was made wnanimou: whereupon Mr. Neilson, after hav! ducted to the chair by Messrs, Sel and Dow made a brief and very appropriate address, fonnded on his previous and prac knowledge uf the scheol system @f New York, advi that all po- pO. litical partisanship should be ignored ; that the local boards should be made an honor te the eity, and not, | ax they have been, a reprowch to the sehools, a1 atvising that & committee be empowered to ex- amine and report in whut way the expenses could be reduced, we address was well received and ordered to be entered at length on the minutes. some discussion then arose in regard to the adop- tion of rules of the Board, Which was finally ed by the adoption of the rules as they stood prior tar 1869, Mr. J. Crosby Brown then moved that @ com~ | mittee of one from each school distriet be appointed to prepare and submit a list of names of trustees: in the variaus wards, Mr, Halstead moved to amend so that the committee should consley of amendinent was carried, and the new President subsequently appointed the following gentlemen | to select the names of trustees :—Commissioners, | Wetmore, Farr, Kismroth, Haistead, Beardsley, | wis, West, Kelly and browt. “ communication a presented from Mr, R. B ° offering his rr ak CONURERSIONAL RETRA TAY, | so inn , { $4,700, \o the Board, to to the amount of $4,700, ‘eveted sBnupne to the purchase of a premium jor the best scholar tu the pubite schools, Mr. James CUSHING, viding that the election order for the BeXt meeting. Jr., offered a resolution pro+ of Clerk be made a ‘This was lost 2 uit seemed to cans® mmUCT bh ted oto the custom Hoere pie in the lobby, shartly after adjourned, (9 meet Om we av next in regular