The New York Herald Newspaper, April 23, 1873, Page 10

THE COURTS. ‘THE STOKES WRIT OF ERROR. A Motion to Bring Alleged Irregularities in the Oyer and Terminer Within the Purview of the Court of Ap- peals—Decision To Be Ren- dered This Morning. CEORGE FRANCIS TRAIN The De Lunatico Inquirendo Move—An Ex- citing Scene in Court—Females Or- dered to Retire—Mrs, Booker on the Situation—George Him- self on the Stand. SENTENCE OF FITZGIBBONS. He Claims ToBe the Victim of False Swear- ing at the Coroner’s Inquest—His Story Discredited and No Extenu- ating Circumstances in His Case—His Sentence is State Prison for Life. —___+_—_ ATTACHMENT AGAINST THE COMPTROLLER He is Adjudged Guilty of Contempt of Court--- No More Nonsense of This Kind To Be Tolerated in Future. COMMISSIONERS OF DOCKS. They Are To Be Allowed to Disburse Their Own Bonds—The Comptroller to Honor Their Requisitions. BUSINESS IN THE OTHER OOURTS. Yesterday, in the United States District Court, Judge Blatchford granted an order, the object of which was to discontinue the proceedings that had been instituted for the purpese of throwing the affairs of the Bull’s Head Bank into bankruptcy. This order was made with the consent of the par- ties upon the payment by the bank of the legal costs, and fees which amount to $5,608 75. Another alleged offender against the law in force for the punishment of persons charged with sending vulgar and obscene matter through the mails was brought befere Commissioner Osborn, in the United States Court. In the present instance the party accused is Dr. John White, of 44 Great Jones street. He was committed for examination. The accused is said to have several aliases, Patrick Fitzsimmons, who had been charged be- fore Commissioner Shields with forging a Post Office order for $10, was yesterday honorably dis- charged, there having been no evidence to support ‘the prosecution, In the Uuited States District Court, yesterday, te case of the United States vs. Anton Huppel was concluded, The action had been brought to condemn the brewery of the claimant, situated at Morrisania, for alleged violations of the revenue law. The jury found a verdict for the claimant. More raids on the venders of obscene books and materials! Let the authorities go ahead and wipe out the evil-disposed men who are spreading through the community a pestilence as bad as the chelera or typhus fever. Our law column shows ‘that centinued efforts are being made to suppress this horrible crime of disseminating the vilest and Most abominable class of beoks—literary poison unm pieceme: “t Court ta the Digtrict Attorney—We are ready to hear any motion from you. What is your motion for the people? , District Attorney—I move to dispense witn the assignment oferror on facts, on the ground that the practice 1s obsolete. When the District Attorney had fairly com- menced his argument old Mr. Stokes drew bis chair to the front near the counsel jor his son, and ap- peared to listen eagerly to every word that fell ‘om Mr. Phelps’ lips. ‘The motion as formally made by the District At- torney was to strike from the files. an assignment of errors of fact heretofore served by the plaintit? in error, and to vacate arule requiring the deiend- ant in error to joinin error. Mr. Phelps contended at great length that upon an appeal on writ of error no assignment of error or joinder of error is nece: . Section 23 of the Revised Statutes provides that no assignment of errors or joinder in error shall be necessary upon any writ of error or certiorari issued pursu- ant to the foregoing provisions, but the Court shall proceed on the return thereto, and render judgment upon the record before them. Counsel contended eloquently and at Jength that under the writs of error and certiorari which had been granted to the plaintiff in error, and the bill of exceptions, which had been allowed, every opportunity was given to him of correcting irre; ‘ities and amend- ing the judgment of the Court below. The subject matter of the assignment of error in fact haa been already presented in the Court of vyer and Terminer, and there disposed of, He cited the Cancemi case and others to show that the assignment oferror was abolished as a useless, cumbersome and embarrassing mode of reviewing decisiens in criminal cases. On the other hand, in the points of the plaintiff in error, itis stated a bill of exceptions was settled in manny by Judge Boardman, and upon that set- tlement the plaintitf in error endeavored to retain in his proposed bill of exceptions allegations show- je are reacy. ‘rms case must proceed by Beatly done up, but sure to kill the morals and | Souls of those who may be unfortunate enough to take it. STOKES AGAIN. A Motion to Bring “Irregularities” in Oyer and Terminer Within the Purview of the Appeal Courts—The District Attorney Demurs—Decision on the Motion To Be Given This Morning. The long and anxiously looked for revival of the Stokes case in the courts took place yesterday in the General Term of the Supreme Court of this city. Public interest as to what would be the de- cision of the Judges on the motion for a writ of error and the bill of exceptions to the charge and rulings of Judge Boardman, taken at and subsequent to the second trial of Edward 8. Stokes for the murder of James Fisk, Jr., in the Grand Central Mote), on the 6th of January, 1872, has never fag- ged. The trequent murders which followed like an epidemic the shooting of Fisk, and the prompt vindication of the laws which followed in the case ef Foster in this city, of Rogers in Brooklyn, of Gaffney in Buffaio, of Frelich in Syracuse, and the inevitable fate of the unfortunate Nixon sentenced to be executed onthe 11th day of May next for the murder of Phieffer, has materially tended to keep the Stokes case amd the interest attachea to it fresh in the minds of all, The General Term of the Court, before the Judges @f which the opening arguments of the case must be made before final reference to the Court of Ap- peals, eat yesterday, Judge Ingraham presiding, with Judges Brady and Davis on the bench, As might be expected, the court room was crowded, and the greatest interest was manifested in antici- pauon ot the proceedings. There was enough in the presence of a formidable array of counsel, and ‘ Still more fermidable display of law books, briefs, piles of testimony, records, © exceptions, & wo mag f up the popular i to fever hv Stokes himself was not nt, but his a father, his brother Horace and other relative Whose appearance have become known and Miliar to the habituds of the Court of Oyer and Terminer, occupied seat ithin the bar and close | tw the counsel for the piaintif in error, which is now the legal phrase for Stokes ip this branch of ‘the legal joust. Mr. Lyman Tremain, Mr. Dos Passos and Mr. Brambherd represented the piaintif inerror, and | District Attorney Phelps and ex-Judge Fullerton represented the People of the State of New York, deiendants in error. When.the Judges had taken their seats Judge (ngraham read some unimportant decisions, and she District Attorney said that in the case of Sdward S. Stokes, the plaintiff in error, vs. the Yeople of the State of New York, defendants in ' «ror, he was reauy to proceed with the argument ma demurrer to # motion of counsel for tne plain- MT in error. Mr. Tremain then rose to exp’ vyhich, he said, was simply preliminary to the nain issue of the case. His metion was for au rder to compel the District Att for the peo Je, to join issue in an assignm of error in ac! ip accordance with the practice of the ourt. With regard to the main issue Mr, Tre- ‘yain said that the counse) for the appeilant in ’ «ecase had used the most extraordinary diligence a getting prepared to meet the case us svon as ossivie. THE WRIT OF ERROK IN THE Case 4d not been signed until the present term of the ourt had begun. Since that the counsel had get ve writ of error, covering several thousand folios, ‘inted. They haa also got the writ of certiora uich was applied for in the ordinary way in t wirts, printed, and this covered over four thou- nd four hundred folios. Finally, they had got the cordm judgment, which they had only received ice the term began, printed also, and this covered veral thousand folios. He stated this te show ‘at counsel liad used the most extraordinary dill- nee. Here the Judges conferred for a little, What do you intend to do with tion to-day for an order to join issue in assign- nt of errors in fact, sourt—But what will you do with the order? He drcmale—Lo westaene ib for wugiuye verm, | said can corrupt | all but the jury, counsel, the witnesses and the lain his motion, | | eyes wo the | ing the absence of the prisoner and the absence of the Judge during a portion of the trial; but they were stricken out by Judge Boardman, on the ground that they were not proper subject matier for a bill of exceptions, but the truth of the facts ‘Was not controverted. Upon the return to the writ of error being filed in the Clerk’s office the plain- tiff in error also moved in the Court of Oyer and Terminer, inter alia, to correct and amend the judgment record, by imserting the above facts therein and by attaching the afidavits showing such facts to the said record, which motion was also denied. On the — day of March, 1878, the plaintiff In error filed and served on the defendant in error an as- signment of errors in fact, setting forth the two above-mentioned facts, together with three cer- tain irregularities committed by the jury during the trial, and also entered arule in the Clerk's office requiring defendants in error to join inerror within twenty days. On the 9th of April, 1873, the defendant in error served the notice to set the same aside, as above. In answer to the District Attorney's quotation from section 28 of the Revised Statutes it is claimed by counsel for Stokes that this section only applies to general assignments of errors of law and not of fact. Mr. Tremain, in reply to the District Attorney's | argument, said that when the plaintiff in error was confronted by AN IGNOMINIOUS DEATH UPON THE SCAFFOLD his counsel decided that three modes of reviewing the proceedings in the Court of Over and ‘lerminer still existed, One was upon the bill of exceptions; | another to bring up the outstanding branches of the records, to see if they have been altered, dimin- ished or affected with irregularity; tue third by as- signment of error in fact, either general or special, The Jast named mode was found in every old law book in the land, and had not been abolished. Mr. ‘Tremain reviewed the various cases to show that “ was an existing remedy unaffected by later legis- lation, After hearing Mr. Tremain’s argument the Court conferred for a little time, and Judge Ingraham said that decision would be given on the motion at half past ten o’clock to-morrow. THE EFFECT. The effect of this motion of Stokes’ counsel, should it be allowed, will be to bring under the consideration of the General Term and the Court of Appeals, if necessary, the irrecularities above alluded to in Judge Boardman’s Court. GEORGE FRANCIS TRAIN. The De Lunatico Inquirendo Investiga- tion in the Train Case—A Suggestion from the Court that the Females Present Retire—Mrs. Booker Demurs— The Court Cleared—Train Himself on the Stand. The de lunatico inquirendo into the mental con- dition of the notorious George Francis Train was resumed yesterday aiternoon, before Chief Justice Daly, of the Court of Common Pleas, and a jury. George was prompt in his attendance, escorted by the Sherif’s Deputy. His Secretary, Mr. Bernis, was also on hand, with a number of George’s female friends, all as sound as himself upon the specialties, or character- istics, which form the groundwork of the present inquiry. Among the Sorosis tribe Mra, Booker, sister of Claflin and Woodhull, who subse- quently figured in the proceedings of the session, was conspicuous. Dr. Clymer, the witness under examination, was asked the question, from the conversation he had had with Train did he conclude, in part, that Train was insane. The wit- ness, in a low tone, intimated to the Court that he would prefer not to answer the question in the presence of females, Judge Daly at once in- formed counsel of the difficulty, and, turning to the audience, asked the ladies to retire. Mrs, Booker said that, for one, she would prefer to stay and hear it out, This riled the characteristic placidity of the Court, who then ordered that the Court be cleared of all but the jury, counsel, the witness and the press. The order was carried out by Mr. Valentine, and Mrs. Booker had to incontinently retire with the crowd, saying, however, that she hoped the press would make public all that might transpire in her absence. MORE MEDICAL TESTIMONY. Dr. Meredith Clymer was called to the stand. He testified :—I have made a special study of the dis- eases of the nervous system for seven years; was physician to the Philadelphia Hospital, where all the insane cases of the county were treated; in- sanity may be defined to be a_ disease in which the organs that are the imme- diate agents of tne mind are not in sound working order, the external expression of which is certain conduct of the person suffering from the disease, Witness went overthe whole theoretical, scientific and illustrative detaiis of ali the forms of mania, delusions, hallucination and illusions in language very similar to his medical brother ex- perts who had preceded him. He gave, also, simi- pe versions of all the several phases of eccen- tricity. During the Doctor's testimony on these points jeorge Francis moved uneasily on his chair, some- times leaning forward and again throwing himselr back, with his eyes all the time intently fixed upon the witness. He, in fact, showed considerable ex- citement at the Doctor's explanation of insanity, as illustrated in George's own case, The testimony, however, was in all essentials a repetition of the previous witness’ diagnosis of Train's hallucina- tions and delusions which made up the sum total of msanity agaist George Francis. MRS, BOOKER ON HER LEGS. The District Attorney asked the witness what were the expressions and utterances of Train upon which, 80 far, he based his conclusion of the insane state of defendant’s mind. Dr. Clymer mtimated to the Court, sotto voce, that he did not wish to answer the question in the presence of females. Judge Daiy herenpon informed the females ntof the doctor's dimicuity, and politely ex- pressed a wish that they would retire. Mrs, Booker, Who sat hear George, rose witha jace, and, addressing the Court, sai vil m who evil thinks; nothing that can be The Chief Justice was for a moment confounded, the jury winced, counsel smiled, the audience got € rd, and n Valentine, the veteran Chief of the Court, felt that an unusual crisis | Was at ha George started to his feet, stretched over lis hand to Mrs, Booker, in recognition of the | kindred spirit with bis own which actuated that j So woman, and @ mutual grasp fol- owed. Chief Justice Daly cleared hie brain with an effort, and, alter a long pause, said—I will adopt & | diferent course. Mr. Valentine, clear the Court of ress. , Mr. Valentine and his oMcers immediately hs | themselves in motion to carry out the order, Tne audience very promptly quietly faced to the | doors and moved along. The women jumped to their feet, snook their shirts and gave a scowl at the oor Chief Justice that he will, no doubt, remem. ber to his dying day. Then, perforce, he turned his the principal of the Sorosis, Mrs. Hooker, who again faced tim, and, with a frigid said, “1 will leave it to the reporters of to give usevery word in the morning * Mrs. Booker then vanished with the other | sinded sympathizers with George and his battle of ouseenity against purity. TRAIN ON THE STAND. Dr. Clymer was arked to stand aside for a little ) allow, at this point, & brief examination of | endant himseit. * Francs Train was then cailed to the | | | 1 boldly to the witness stand, as if the farce was to him. He stood, | n tue Bible, in which he | 1 am willing to make a | 5 sement, suid George, which will be amply the | | truth. | | _ The Court—Wiil you affirm, Mr. Train, that you | Will speak the truth, the who.e trut ), aod neuung but the truth ¢ | Mr. Train—¥ | The Court—T the anewers that to thé questions that may be p truth, the whole truth, and notuing but the truth ? Ar, Tyala LoWed, abe Whe Camel yu Deoveeded, | District Attorney Lyons—I hold in my hand a copy of the Train Be good enough to look over it and say if the articles there marked were written by you, and if the statements are true. Train—I am the author of the articles that ap- ear there, so far a8 the mere publication goes, ut they are selections from the Bible, and the authenticity of the Bible is so confused that no one can tell whoare the authors of it, I do not believe in the authenticity of the Bible at all. 1 will point out the quotations. George then took the paper in ms hands. The Court—Mark with a pencil the quotations. Train (marking the quotations)—These are all mine, This here is what is called the “Catholic Confeasion of Faith,” which Protestants put into the mouths of Catholics. George, who was standing near the bench, then took the witness chair. In answer to the District Attorney he said he puuenes apaper (the Train Ligne) and prepared ‘he quotations from the Bible; the other quotations are from the “Catholic Confessional,” selected by Protestants to injure Catholics, but I believe them to be fraudulent; the head notes are my own; I took them from the National Police Gazette; 1 followed the plan pursued at the present time, and Idon’t see why they should not be applied to things that happened then. George seemed anxious to be questioned further, and was evidently disappointed when the District Attorney passed him over to his own counsel. Mr. Chatfleld—We don’t intend to cross-examine now, but we may at another stage. George then resumed his usual seat near his principal counsel, Mr, Clarke Bell, Dr. Clymer was called back to the witness stand and testified that the conclusion he had arrived at from his examination of the defendant was that he was of unsound mind, The witness was then cross-examined by Mr, Bell, when the whole ground for the belief and conclusions for insanity were gone over again, with very little variation, till the close of the ses- sion, which, at the usual hours, was adjourned tll four P. M. this day. FITZGIBBONS’ FATE, His Arraignment for Sentence—The Old Story of Lying Witnesses—Sentenced to State Prison for Life. John Fitzgibbons, who on last Christmas Eve so inhumanly murdered John O'Hara, and from whom was accepted a plea of manslaughter in the first degree, was brought before Judge Brady in the Court of Oyer and Terminer for sentence. He wore a repulsively sullen look, and in every linea- ment of his countenance was revealed the hard- ened, obdurate criminal. “Have you ever learned a mechanical trade Zig asked Mr, Sparks, the Clerk, alter first requesting him to rise, “No,” answered the prisoner, sullenly. “What have you to say, if anything,”’ pursued the Clerk, “why the Court should not now proceed to sentence you!” “Phe witnesses at the Coroner's inquest,” re- plied*Fitzgibbons, “swore falsely. O'Hara tore the clothes off my back and bit the finger of my wile. They broke open my door, I used no hatchet, but @ hammer which 1 took from O’Hara.”” Mr. William F, Howe and Mr, Abe H. Hummel, the indefatigable and untiring counsel of the pris- oner, to whose united efforts he owes his escape irom the gallows, were seated by and listened to the prisoner's statement. When he had finished What he had to say Mr. Howe rose to his feet, and, in a few words most feelingly uttered, thanked the Court anc the District Attorney for having accepted the plea made by the prisoner. The fact was not to be disguised that a terrible crime had beén com- mitted, and the prisoner evinced, by his plea, his expectation and willingness to pay the penalty of his offence, He hoped, however, that the Court would take into consideration the statement of the prisoner and aiso be mindful of the wife and little ones, Who were made to suffer the sad fruits of his crime. Assistant District Attorney Rollins said that upon an examination of the facts he was satistied that the statements of the prisoner were untrue. He ac ted the plea of manslaughter in the first degree with the bellef thatin the case of a trial before a jury no higher offence could be proven against him than murder in the second degree. He did not accept this plea witn the desire of any lenieney toward the prisoner, but inthe expec- tation of the severest penalty under the statute being meted out to him—imprisonment for lie. THE SENTENCE, Judge Brady next proceeded to sentence the prisoner as follows;—Fitzgibbons, your unfortu- nate position now is attributable to the disposition to do violence which has prevailed for some time in this community. Your plea of manslaughter in the first degree was accepted, not out of considera- tion for you, because the merits of the case do not justify me in taking that into consideration, but because there were some elements in it which would probably, in the estimation of the jury, reduce your offence to murder in the second degree, the punishment for which would be imprisonment for life. In accepting it did so upon the statement made by the the facts nar- District hg bliy: | that rated by him were those that he could conclusively establish on the trial of the case. The act which you did, as | understand the statement, was a very brutal one, You killed the man as soon a8 you had an opportunity to exercise your power over him, Ido not perceive in your case any extenuating cir- cumstances, It is hot only necessary that you should be punished, that the lawlessly inclined of this country should be instructed, by What takes place in courts of compe t jurisdiction, that they cannot indulge their evil passions or their strong impulses, but understand, if they have wrongs to redress, they must seek the courts of justice, and if they have a disposition to « jolence, e8- pecially when that violence will result in death, they must restrain themselves, I think, under all the circumstances, it is my duty, and such is your i to send you to State Prison for your fe. Fitzgibbons took the sentence with the utmost coolness. His wife und some other womenin a corner of the court room were greatly afected. A jew minutes later Fitzgibbons was on his way to the Tombs, under the escort of Deputy Steriits Shields and Cahill. THE COMPTROLLER IN CONTEMPT. sil Trifling with the Mandates of the Court Getting Played Out—He ts Fetched Up with a Round Turn—An Attachment Issucd Against Him and Eldridge Street Jail Possibly in the D! The disregard paid by Comptroller mandamuses of the Supreme Court Judges has for along time been a subject of genera! comment, not only among the members of the bar and others in attendance upon the Courts, but in the outside world among those accustomed to read the newspapers. Many have expresed their wonder whether he would be allowed to continue this sort of thing with impunity. It appears, how- ever, that the Judges have taken hold oi the matter in earnest, and evince a determination that the dignity of the Court shail not be trifed with any longer, This determination was shown yesterday, both in the Supreme Court, General Term, and in Supreme Court Chambers. It showed itself in the former in a decision rendered in the CASE OF JAMES W. M'GOWAN, an employé of the Board of Supervisors. Mr, Me- Gowan claimed a salary of $1,500 under appoint- ment of the Board of Supervisors, but the Comp- troller, claiming the appointment to be illegal, would not pay his salary, Mr. McGowan ob- tained from Judge Ingraham a writ of peremptory mandamus against the Comptroller directing him to pay it, Mr. Green disregarded the writ, and a motion was made to punish lim for contempt. Pending that motion another was made on behalf of the Comptroller to change the peremptory writ to an alternative writ. Judge ancher granted this motion, from which Mr. McGowan appealed. This took the case to the General Term, which Court, as stated, also rendered its decision 'yester- day. This decision reverses the order appealed from. Judges Ingraham, Learned and Brady heard the argument. The two former dccide for rever- sal, while Judge Brady dissents. Judge Learned gives the reversal opinion, It is brief and pointed, but talks plainly about the matter. The follows 18 Lis opinion :— OPINION OF JUDGE LEARNED. I abstain entirely from examining into the merits of the relator’s case. It seems to me that a more important question is involved—that is, are the writs of the Court to be obeyed or nov? If they are, then the respondent should be punished for his contempt. If they are not, then there is no use of the aiternative mandamus, For if on tne return thereto the Court should grant the per- emptory writ the respondent will have the tame liberty to disobey and move to set it aside which he has employed at this time, It Was suggested that there was a Clerical error in the order and writ of ‘seven hundred” for “five hundred.’ If so, that can be remedied in any future proceedings, The order appealed from should be reversed, and the relator should have the visual process against the respondent to punish him for his contempt of Court. JUDGE BARRETT ON THE MATTER, Some time since Mr. Jolin Weich did some work | for the Croton Aqueduct Department and he pre- sented Jor the same a bill of some $4,200 against the city. He assigned the claim to Mr, Theodor M. Morris, and the latter, finding the Comptro would not pay the bill, although properly audited, obtained in Supreme Court, Chambers, a writ of peremptory mandamus against the Comptroller, directing Him to pay it. ‘To this writ the Comptrolier paid no more tion, 43 One Of the counsel said, than to so much waste paper. Applicat cordingly made yesterday to issue an against the Oomptroiler, on ju his disobedence of the ‘writ. in opposi- tion to the application it was urged by Mr. Andrews, Assistant Corporation Counse), that iy claw wag w Mauduleut cue, way that tag] Francis Ward wap found guilty of grand larceny | Comptroller desired to reinvestigate the matter d have the case carried to the General Term. to send the case to the General Term seemed to be a frivolous pretext, The Comptroller had disregarded the mandate of the Court, and it was clear that an attachment must be granted jeune him, He ordered such attachment to jssue, It is probable that the Comptroller will make his appearance in Court on good cause bein, $250, and in deiault or pacman’ Ludlow Street Jail, “When the Comptroller is apprised of the attach- ment of the Court to him, I have no doubt he will be greatly pieased,” sarcastically observed a law- yer aiter the close of the above proceedings, f “This attachment 18 @ trifle,’ said another lawyer, ‘He won't find it so,” observed the first gentle- man, but Dow in solemn earnest. ‘A trifle, I mean,’’ exclaimed the first gentleman, “to the attachment shown him by the Legisiature by the passage of the charter in its present snape.”” COMMISSIONERS OF DOCKS. The Comptroller Must Honor the Re- quisitions of the Commissioners—Im- Portant Decision by the Supreme Court Gencral Term. The controversy between the Commissioners of Docks and the Comptroller as to which siall have the disbursement of the funds set apart for carrying out the objects of the commis- sion is a subject already familiar to the readers of the HERALD law reports. As the Comptroller refused to honor their requistions for funds, the Commissioners of Docks not long since, as will be remembered, applied for a mandamus requiring the Comptroller to pay them meneys upon their requisition tor the purposes of the Com- mission, The Comptroller claimed that the moneys expended by the Commissioners should be disbursed by him, ana that the payrolls and vouch- ers should be sent to him for that purpose. The motion for & mandamus was denied at Special Term and an appeal was taken to the General Term, where a decision was rendered yesterday. Judge Ingraham gives the opinion of the Court, OPINION OF JUDGE INGRAHAM, There can be no doubt but that the Commission- ers o! Docks have authority to sspend annually upon the docks, piers and bulkheads of the city, under the provisions of the charter, a snm not exceeding $3,000,000, for which the Comptroller is Girected to issue and sell the bonds to that amount. Nor is there any control over that Board as to the purpose for which the moneys are to be expended or the amounts to be applied to each purpose, pro- vided they conform their expenditures to the objects specified in the statute. The only question leading to this controversy is as to the mode in which they are to draw the money from the Comp- troller, The statute prescribes that it shall be drawn out and paid by the Comptroller for the several objects and purposes rovided in the act. In making the requisition it is proper that the Commissioners should state the purpose for which the money is required. If the money is required for the payment of salaries and employés, they should make their requisition of a for that urpose, and in like gross sum Manner for repairs, c. Beyond this the statute does not require any furtuer ac- count in their requisition, It does not require bills to be transmitted to the Comptroller, nor has he any right to insist upon paying their em- loyés. ‘These powers are vested by law in the Board, and with the payment of such accounts the Comptroller has no right to interfere. We think with such a statement of ¢he purposes for which the sums are required the Comptroller is bound to comply with the requisition and pay over the money to the Commissioners in a gross sum to be expended by them in their discretion fer the pur- poses jor which 1t is drawn, The present order is aflirmed, with costs, Judge Davis concurs in the result, but disagrees with the body of Judge Ingraham’s opinion. BUSINESS IN THE OTHER COURTS. rr ooo SUPREME COURT—CHAMBERS, Mandamusing the Comptroller. Before Judge Barrett. In that golden epoch of our municipal history when rurnishing supplies for any branch of the city government was @ good thing to do, at least for the furnisher, Mr. Martin B, Brown supplied some books and stationery for the offices of the Register and Sherif The bills amounted te several thousand dollars, which the Comptroller has since refused to pay. EXx-Mayor Hall took up the legal cudgels for ki . Brown, and yesterday applied in this Court for a peremptory writ of mandamus directing the Comptroller to pay the full amount of the re- spective bills instead of the minus $1,000 of which he seeks to curtail them, Mr. Hall made a lengthy, able and conclusive argument. He in- sisted that the Board of Supervisors, having audited the bills was conclusive on that point and that the duty of the Comptroller was simply ministerial and to compare the vouchers and to see that they were cemplete. He cited various pai in similar cases in support of his argument. ir. Andrews, Assistant Corporation Counsel, strenuously oppose: the application. As for the Sheriff, he claimed that this oMcial should furnish his own stationery, and as to the supplies for the Regis- ter’s office, he claimed that the power of audit lay with the present Board of Audit, and that the Comptroller should only pay the amount as audited and allowed by the latter Board. The Court re- served its decision. SUPERIOR COURT—TRIAL TERM—PART 1. Important Ruling Regarding Fire In- surances. Before Judge Freedman. Carlisle Norwood, receiver of the Lorillard Fire Insurance Company, brought four suits against the Benevolent Fire Insurance Company, which came to trial yesterday in this Court. The actions were upen policies of insurance issued by the defendants to the Lorillard company. The policies contained two clauses; first, loss, if any, payable pro rata with the reassured ; and second, reinsurance in case of loss to be settled in proportion as the sum re- insured shall bear to the whole sum covered by the reinsured company. The sults grew out of the large Chicago fire, and there was no dispute as to the facts ofthe fire and loss; but the detendants claimed to be liable to the plaintift only to the extent or percentage which the plaintiff paid to the creditors of the insolvent company. The Court overruied this point and directed a verdict for some fifteen thousand dollars, being the fall amount claimed, Carlisle Norwood, Jr., tor plaintif, and Daniel D, Lord for the defendants. COURT @F COMMON PLEAS—TRIAL TERM—PART |. The Ocean Bank Robbery. Before Judge Larremore, The case of the National Bank of Lyons, Iowa, vs, The Ocean National Bank, of this city, was on trial yesterday, for the third time, in the Court of Common Pleas, The suit is brought to recover the value of $31,000 of United States bonds, stolen from the vault of the Ocean Bank, where they were leit on deposit, at the time of the great robbery im June, 1869, The case was first tried in October, before Judge J. F. Daly. One of the counsel was taken ill anda juror was withdrawn, The second trial was before Judge Larremore, last January. Atter sitting nine days the jury disagreed. A motion was made bejore Chiet Justice Daly to have a retrial before the same Judge by consent of counsel. The case came on for trial accordingly yesterday, Ex-Judge Birds- eye, in opening for the plait, stated that they would now be able to prove that the vault was not locked. COURT OF GENERAL SESSIONS. Another Youthful Hignwayman Sent to State Prison for Ten Years. Before Recorder Hackett, Among the cases on the calendar yesterday was an indictment for robbery in the first degree | against Willlam Dougherty. The complainant, an old man, stated that on the 15th of this month the prisoner struck him on the head and stole $6 in money. His Honor, in passing sentence, observed that, a8 he knew nothing of his antecedents, he would not impose the iull penalty, but sentenced him to the State Prison for ten years, A Female Professional Shoplifter Sent to the State Prison, Julia Mande, alias Harris and Weaver, an elderly genteel looking female, but said to be a well known shoplifter, pleaded guilty to an indictment charg- ing her with stealing a velvet sacque, on the 4th of April, from the boarding house of Selina Braden, in West Eighteenth street, the property belonging to Mrs. Mary Kendall, The prison Was sent to the State Prison for three years and six months, Grand Larcenies, Maggie Berg was tried and convicted of stealing, on the 5th of March, a quantity of ladies’ wearing apparel, consisting of dresses, cloaks and suits, the aggregate value of which was $455, Mr. Henry P. Andrews testified that this property was worn by his deceased wife, and that it was placed in @ trunk, Which was left in the storeroom of nis boarding house, 18 Washington piace, where the prisoner was employed as a domestic, She was sent to the State Prison for three years, James Sullivan pleaded guilty to an attempt at larceny trom the person, the charge being that, on tne 6th of April, he stole a pocketbook, containing ninety cents, from Join H. Baumgard, He was sent to the State Prison for two years and six montis, 1873.—QUADRUPLE SHEET. in seoeting sacesaeuieg and @ Japanese suit, on the 2d inst., belo! to Frank Thornton, an in- mate of a disreputable house in Wooster street. coe Sentence ‘was eighteen months in the State n. Catharine Shiverton was convicted of stealing a old Watch worth $75, the property of Hannah leCarty, by whom she was crapuared ‘as @ Washer- woman.’ The prisoner admitted finding it in the clothes basket and pleaded poverty a8 the reason for appropriating it to her own use. The jury re- commended her to mercy, and the Recorder im- i the lowest penalty, ‘which was one year in ¢ State Prison. Petty Larceny. Henry Silverstone, charged with obtaining $147 Worth of human hair from Mrs. Fanny Quinn by false pretences, on the 20th of August, pleaded guilty to petty larceny and was sent to the Peni- teutiary for'alx montis Cornelius Ryan was tried upon a charge of steal- ing acoat on the 14th inst., the property of Solo- mon Jackson. The evidence was insuificient to warrant his conviction, and the jury gave him the fit ofa legal doubt by rendering a verdict of Extensive Larceny at a Livery Stable— Disagreement of the Jury. Edward Morris, who was jointly indicted with James Ward, was tried for an alleged grand larceny. Assistant District Attorney Russell Stated in his opening that Ward was an English- man, and that the hanging of Foster so operated upon his mind that he thought he would be hung for stealing, and this resulted in his becoming insane, The charge against them was that onthe 7th of Apel they stole two horses and carriages, fifteen sets of harness and @ quantity of robes and biankets from the livery stable of Charles Dodd, 164 Division street. It ap- peared from the testimony that Ward was in the employ of the complainant, aud that he induced Morris to assist him in the perpetration of the lar- ceny. They were arrested in Jersey City while endeavoring to dispose of the blankets. The Chef Of Police of Jersey City delivered the prisoners into the charge of a New York otlicer, who conducted them and the horses and carriages to this city. The prisoner Morris told the jury that Ward asked him to drive a coach, and that he did not know that he (Ward) was perpetrating a larceny. The jury deliberated upon the case for several hours, and being unable to agree the Recorder dis- charged them ata late hour in the atternoon. In doing so His Honor observed that in the whole course ef his judicial experience he never saw a& plainer case of guilt, and that by the prisoner's specding tears he worked upon the sympathy of he jury. Morris was remanded to be tried again. TOMBS POLICE COURT. The Seller of a Stolen Bond Arraigned. Before Judge Hogan. A young man named Charles G. Hampton was arraigned belore Judge Hogan yesterday, charged with having stolen bonds in his possession. Mr, Arthur T, Fitch, of the firm of Fitch, Otis & Co., preferred the complaint, He said that on the 8th of April, Hampton came to his place of business and offered a $1,000 bond, on the Alleghany Valley Rail- road, for sale. Mr, Fitch received the bond and told Hampton to call the next day, and he would tell him what he would do about it. The bond was left in the possession of Mr. Fitch, He telegraphed to the agent of their house in Philadelphia, and received @& satis- factory reply, saying that the bond presented was genuine and regular, The tollowing morning Hampton called and received $900 in government bonds in payment for the Alleghany Dane Rail- road bond, On the next day, the 11th of April, Col- onel Wiiliam Philipps, President of the Alleghany Valley Railroad Company, called on Mr. Fitch and stated that bond 2,127, which he (Fitch) bought from Hampton, was part of some property stolen on the 5th of April last, amounting in all to $50,000, from the Pittsburg Trust Company. These bonds were deposited there by the Odd Fellows’ Savings Bank of Pittsburg. Hampton was arrested by De- tective Doyle, of the First precinct, on Monday. Assistant District Attorney Allen appeared for the prosecution and Counsellor Willlam Howe for the detence, but the examination was postponed till to-day to await the appearance of the parties 1rom Pittsburg who are personally interested, Boyish Burglars. John W. Hutchinson, John Johnson and James Healey, three young lads, were arrested by Officer Van Buskirk, of the Third precinct, yesterday, for a burglary committed on the premises of Willis B. Blackwell, manufacturer of confectionery, at No. 252 Greenwich street, on the 16th of April. ey, forced their way through the coal hole and the cel- lar, thence to the office, which they robbed of all that was available—one revolver and $23 in money. Judge Hogan held them in $1,000 batl each to answer. ‘the boy Hutchinson was formerly an em- ployé of Mr. Blackwell’s and showed the other two the road to the plunder, JEFFERSON MARKET POLICE COUIT. A Burglar Committed. John Adams, who was found in the premises 608 Broome street, occupied by L. Gronan & Co., on Monday evening, while in the act of perpetrat- ing a burglary, was arraigned before Justice Cox, atthe Jefferson Market Police Court, yesterday, and committed without bail to answer, Highway Robbery. Peter Woods, of 404 West Sixteenth street, was charged with highway robbery on complaint of George Cunningham, of 408 West Sixteenth street. The complainant testified that while going to his residence on Sunday evening he was followed by Woods, who struck him on the head with a blunt instrument when near his own door, knocking him down and robbing him of what money he had in his possession. He recognized Woods at the time, and 80 Was enabled to procure his arrest through De- tective Riley, of the Sixteenth precinct, le was locked up Lo answer. Felonious Assault. Andrew Beatty, of 279 Seventh avenue, was charged with a felonious assault on Patrick Bolton, of 337 East Seventy-fourth street. The parties be- came engaged in a quarrel tn Morse’s saloon on Sixth avenue, when Beatty drew a knife ana stabbed his antagonist in the left breast, inflicting a dangerous wound, The injured man was taken to Bellevue Hospital, where he remains in a criti- cal condition. Beatty was locked up to await re- sult of injuries, A colored man named Charles Williams, of 66 Grand street, was charged with stealing a coat, pair of pantaloons and a dressing gown valued at $58 from Albert Heartt, of 330 East Fourteenth street. A portion of the clothing was found in Charles’ possession, and he was locked up to answer, BROOKLYA COURT CALENDAR. Ciry CourT.—Nos, 135, 95, 211, 134, 122, 76, 198, 234, 63, 10, 133, 138, 322, 180, 205, 239, 242, 244, 245, 246, 247, 248, 251, 2 UNITED STATES SUPREME ‘COURT. Decisions. WASHINGTON, April 22, 1873. No. 179. Partridge vs. Phoenix Mutual Life Insur- ance Company—Error to the Circuit Court for the District of Missouri.—This was an action to recover of the company sums alleged to be due the plain- tiffas agent of the company in St. Louis, as com- missions on policies which continued to run after he ceased to be agent, and on the trial he offered to prove that a written promise on the part of the company to pay him as much as it did other ‘agents implied a contract to pay him such commissions while the policies were kept alive. The evidence offered was of a local understanding of the language used in the writing. The evidence was rejected, and the case resulted in favor of the company, The rulin; below is here affirmed, Mr. Justice Miller delivere: the opinion. No, 171. Crosby, survivor, &c., vs. Beale et al.— Appeal from the Circuit Court for the District of Columbia,.—This was the aftirmance of a decree of the Court below dismissing the bill in the case filed to charge the estate of Robert Beale, deceased, with losses claimed to have been sustained by an estate coming to the appellants by reason of his alleged fraud as executor. Mr. Justice Davis de- delivered the opinion. No, 167. Deitsch. vs. Wiggine et al.—Error to the Supreme Court of Colorado.—This was an action for tresspass, to recover for an alleged unwar- ranted levy. The defence was justification, but there was @ recovery under the rulings of the Court excluding certain evidence o1 the defence in support of the plea of justification. The judgment 18 reversed, the Court holding that the plea con- tained all the averments necessary to a justifica- tion, and shat nad the facts alleged been allowed to be proved a recovery by the plaintiff? would nave been impossible, Mr. Justice Strong deliv- ered the opinion, NIPPED IN THE BUD, ‘There was 4 ball on Monday night in Walhalla Halil, which establishment is situated in the classic precincts of Orchard street, and whither Mr. Francis Keelaher, of No, 71 James street, betook himself, bedecked, of course, in his most elaborate raiment, He indulged freely in the alluring quadrille and the mazy waltz until the approach of the very witch- ing hour of two A, M., at which time one reckless in- individuai bearing the tender appellation of Michael Hayser, went for the wealth which he carried on his person, and succeeded in obtaining it to the ex- tent of a sittie over $25, But Mr. Hayser was des- tuned to revel in his ill-gotten gains but a brief searon, for the eagle eye of Mr. Keelaher lit upon him just as he was making away with it, and very soon the individual was in the strong grasp of & brawny officer, Yesterday morning he was ar- raigned before Justice Scoit, at the Easex Mal Police Court, where he was committed jor tral. THE ERIE INVESTIGATION. Testimony of Horace F. Clark About Paying Legislative “Ransoms.” A LETTER FROM GEORGE MHENRY, Mr. R. 8S. Evans Gives His Views: on Oath. THE PRO RATA ROBBERY. The Erie Investigating Committee, resumed ite: sittings yesterday at 10 A, M., at the Fifth Avenue Hotel. Messrs. Craig and Carpenter being absent, Mr. Watson, the President of the Erie Railway Company, presented extracts from the minutes of the company, embodying a letter from Attorney General Barlow, in which that gentleman accounted’ for the expenditure of money mentioned in the- testimony of the previous day. Colonel Burnett, counsel for the Erie Company, Presented the following statements, which he de« sired should be entered upon the minutes:— The Erie Company desire formally to announce to the committee that if there is any point covered by the resolution under which the committee ts: acting, or teuched upon during this investigation, with reference to the accounts or PRESENT MANAGEMENT OF THE ERIE RAILWAY, upon which the committee may desire further in. formation and proof, or in regard to which the’ committee have any doubts as to the propriety and legality:of the action of the company, the company is willing and ready to turnish the same; but respectfully ask that the committee will desig- nate the particular point or matter, if any there be, in relation to which any doubt exists, in order that the same may be cleared up by further or cor-. roborative testimony which the company is ready to produce. Mr. Babcock declined, saying that as this waa, the last day of the investigation the committee would not have time to consider any further testl-- mony. i TESTIMONY OF R. 8. EVANS, Mr. R. S, Evans, of London, on being sworn,. said his business was to arrange loans for foreigm. governments, and also to forward any undertaking: ofthe Erie road in London, and to represent the interests of the firms engaged in placing them; he had also been engaged in negotiating the Atlantic and Great Western loans; there was not much of a. market for them in London; the aim of the reor- ganization was to improve American credit in: Europe in that class of securities; the owners ot that road were the public of Great Britain;. there was but one man in London who stood by the- stockholders, and that was Mr. James McHenry; he felt that he had induced them to spend their money, and it was his duty to try and get them some re- turn; after the reorganization he ceased to be the financial ageut of the stockholders, and Bischofts- heim & Co, assumed that charge; there was no hope of improving the securities till Jay Gould was. ousted; such was THE OBJECT OF THE CHANGE in the direction; the Atlantic and Great Western: interest had nothing to do with it, save in raising the character of American securities generally ;. they also improved Atlantic and Great West- ern, in which they were largely interested; he: knew of no scheme for uniting the two roads; was certain that such a plan would be as unpopular in. England as in America, for the reason that Erie shares were divided up among small holder these small holders would not be likely to do any- thing to depreciate their own property. TRSTIMONY OF HORACE F. CLARK. Mr. Clark on being sworn said he was familiar’ with the laws of this State with regard to the Con- solidating law; the law was passed in 1869; it. prohibits the consolidation of roads unless three- tourths concur; the laws in relation to leas- ing roads are very defective; the only one authorizing the leasing of a road was passed April 23, 1839; the construc- tion that has been given to this act is that the corporation shoutd do this; the stockholders have no voice; in other States the laws are different. and the interests of stockholders are protected; im some cases the minority stockholders must be paid. for their stock if they so elect; I was in Albany last. Winter when the Pro Rata bill was introduced 5 there were two bills, the Pro Rata bill and the other, providing that the same charge should be made for short distances as for long distances; there were many railroad men there, not only trom this, but from other States; I do not believe any but legitimate means were used before that com- mittee; I never appeared before @ com- mittee of a higher grade; I think the SUGGESTION THAT MONEY WAS USED to influence that committee is an inexcusable slan> der; the thing was talked about before the commic— tee, when it was determined that the money should. be used, but that if the Legislature saw fit to pass a bill so prejuaicial to the interests of the State of New York, they should do it and take the responsi- bility; I think the introduction of these Pro Rata: bills has been for the purpose of EXTORTING MONEY, and that all the money that has been paid has not. been as bribes, but as ransom money, just the same as if a man were captured by brigands and would have to pay money for his freedom; you might get. on your high horse and say you would not pay any ransom; there is a law against brigandage and one, too, against paying, Transom money; well, then the brigand would say, “If you don’t pay, off goea your head; I think you would pay; these PRO RATA BILLS are a constant terror to railway corporations; the officers of the roads are obliged to pay ransom money to ease the heads of their stockholders ; the: deacon of a church would pay $10 to save his church from being fired, if that would appease the incendiaries; I have heard of a plan to lease the Atlantic and Great Western Road to the Erie Com- pany; I received A LETTER FROM MR. M’HENRY, a brother of James McHenry, which I will give to the committee. The letter was: 36 Warnroox, Loxpon, March 2 H. F. Crane, Esq., New York map y Dean Sin—Wheh writing you a couple of weeks ago was not aware that the "C. ©. C. and I.” had been leased by its new directors. to the Atlantic and Great Western, nor are you perhaps aware thatthe Erie line is to be leased to the same insolvent concern. I advised Mr. Bunker that I had all the proofs of its fraudulent in- solvency. My friend, Mr. Robert G, Kamsdell, leaves per this steamer. He has important information, and it he igs not otherwise retained { would advise your communi- cating with him, if you wish the lease upset. Yours, truly, EORGE McHENRY, Kamsdell will be at Brevoort House part of a day. I did not go to see this gentleman, because I was: satisfied that no such move was contemplated; it would be such an injustice to the stockholders ; that under MR, WATSON’S ADMINISTRATION and that of the present direction the thing is not. possible. uestion—Mr. Barber testified that Mr. Dutcher paid him $50,000, Can you state what considera- tion he expected from that? Answer—Well, I know a man who went to Albany to er @ school law passed, and he paid $1,000 to the chairman of the committee there; there is no knowing what a man will do when he can help himself. Q. You have spoken of ransoms being paid; ae they been paid to your knowledge? A. Yes! oiten, Q. To whom ? A LIBEL. A. I would prefer not to answer; I never paid! them myself; I think a great deal of this ransom goes to the newspapers, Mr. Watson then stated that no proposition to. lease the Atlantic and Great Western had been made and would not be entertained either by him- self or any of the present direction, The committee then adjourned to meet in Albany, at half-past three this afternoon. It iss understood that the committee will report to- morrow. ANOTHER TENEMENT HOUSE ROW. Fatal Result of a Dispute Between Landlord and Tenant. On Saturday last John Gumpman, & German, thirty-six years ef age, was removed from his home, in the tenement house 423 East Seven. teenth street, to Bellevue Hospital, suffering from @ scalp wound complicated by delirium tre- mens. Gumpman was placed in 4 cell and treated by Acting Heuse Surgeon Lewis, but his patient grew worse till Monday morning, when death en- sued. In the opinion of Dr. Lewis death was due to delirium tremens. It is possible, however, that the injuries deceased received por, Gun accelerated his death. Accord- ing to report, Gumpman’s landlord received inior- mation that he had been throwing filth from the window of his room, and took him to task for so dong. This led to words between them, during which, it is alleged, the landlord struck Gampman in the face with his fist and knocked him down. In order to definitely determine the cause of deatn, Dr. Marsh will make @ post-mortem examination on the body, which has been removed from tne Morgue to the late residence of Mr. Gumpman. Coroner Young has the case in charge. Deceased has left a family. No action has been taken against the landlord, A GIFT TO SOIENCE. Boston, Mass., April 22, 1873, Penekese Island, near New Bedford, was yester- day deeded to Professor Agassiz for the proposed Natural History School by Mr. John Anderson, of New York. In addition to the island Mr. Anderson, wive: 000 a8 an endowment fund for the scuodly.