The New York Herald Newspaper, April 30, 1873, Page 7

THE COURTS. THE MAUD MERRILL MURDER. Another Day Spent in Obtaining a Jury---Only Ten Sworn at the Adjournment, + ‘BUSINESS IN THE OTHER COURTS. Important Oustom House Suit—Central Branch of the Union Pacific Railroad in Court—A Sojourner in Ludlow Street Jail—Sentence on the Notorious Mart Allen. Little better progress was made yesterday in ‘the trial of Robert P. Bleakley, for the alleged mur- er of his niece, Mary Ann Foley, alias Maud Mer- rill, than on the first day, Out of the extra panel Of 100 six additional jurors were ovtained, making ten altogether obtained thus far. Juage Brady ordered a third panel to be drawn for this morn- ing, from which to complete the jury, Prospects Jook very fair now for finishing the trial the pres- ent week, The motion to punish Mr. Bergh, President of the Society for the Prevention of Cruelty to Animals, for aileged contempt of Court, in having caused the @rrest of one of the drivers of the Twenty-third Btreet line of stages, was up again yesterday belore Chief Justice Daly, in the Coart of Common Pleas, Counsel for the company having raised the point that the Justice was a member of Mr. Bergh’s Society, and therefore incompetent to sit in the ease, the latter said that he had resigned his mem- bership in 1867, but that through some inadvert- ence his name was still kept on the list of vice presidents. He then adjourned the proceedings fntil to-day, to allow Mr. Bergh to procure evi- gence that he was not a member now. The Justh scandal case was brought up again yesterday, when Mrs. Justh was recalled to the stand and subjected to a most rigorous cross-ex- amination, which failed to shake her evidence in @ny material respect. After the defence had Tested the case Mr. Townsend for the second time Movea for an honorable acquittal o1 his client. Mr. Shaffer opposed the motion, asking the Court for an adjournment of the case till another day, to enable him to put in some rebuttingevidence. The wWourt granted the request. Mrs. Justh, who has deen terribly taxed during tlis trial, was stricken down by a cataliptic fit immediately after the Ordeal of her cross-examination gn the stand, €liciting the deepest sympatiny from all present. Whe Court then adjourned till eleven o'clock to- @ay. Yesterday Charles Hyde, allas Lawrence, alias Behoener was charged before Commissioner Shields ‘with offering to become surety in the Spring Val- Jey distillery case for Simon Donan by swearing that he (Hyde) was the owner of the house in mich he lived, at 349 Kast Eighty-sixth street, ‘whten, in reality, the house belonged to the person with whom the accused was boarding. The Com- woissioner held Hyde for examination in default of $95,000 bail. Peter Olaton was committed yesterday by Com- missioner Shields for examination in default of $100 bail on acharge of deserting from the Ameri- gan ship Washington. ATrain matinée was held yesterday afternoon. Beyond the fact that George's eccentricities as a vailroad man and a Fenian organizer amused the Budience to the top of their bent there was nothing whatever elicited during the proceedings bearing bn the question of the man’s sanity or insanity. Where are yet some filty witnesses to examine, and Wt is expected that the piece will have quite an un- Drecedented run. The officials of the United States Courts have been notified by the authorities at Washington that | Yor the future they must pay out of their emolu- ments for the gas consumed in their departments. Wo reason has been assigned for this order. A8 the building used in this city for the Federal Courts is a dark, dingy, dirty old one, it is neces- Bary to use a good deal of gas in it, even in the day fime. esterday, in the United States District Court, £75 pounds of tobacco, seized at 425 West Twenty- wixth street, were condemned by deiault, TRIAL OF BLEAKLEY. Another Panel of One Hundred Ex- hausted and Only Six More Jurors Obtained—Probable Completion of the Jury To-Day—The Humorous Phases of Getting a Jury. Another crowded court room, which was the ease yesterday in the Court of Oyer and Terminer, before Judge Brady, shows the interest felt in the trial of Robert P. Bleakley, who shot his piece, Mary Ann Foley, alias Maud Miller, in a dis- reputable house in Neilson place, in December last, Killing her instantly. ‘The prisoner was punctually pn band—s circumstance to be, doubtless, Bttributed so the Deputy Sherif having him in eharge beng a person of prompt habits, rather than to any extraordinary development 0¢ this cardnal virtue in himself. A marked im- provemeit showed itselfin his toilet,and he present- ed a deddedly dressed-up appearance, to the credit of whic, be it an insane vagary or otherwise, he is Firoba” fully entitled. His counsel, Messrs, Wil- i Je; sm 3, Howe and ex-Mayor A. Oakey Hall, a new yteam, giving indication of not only pulling ‘very evenly in their traces, but of being very fast, ‘were in their places with commendable prompti- tue, as were also District Attorney Phelps and Assistant District Attorney Rollins. The four irymen obtained on the previous day punc- ly took their seats in the jury box, and With @ ook of martyrdom in their faces that plainly shows ‘that the grand old spirit of ancient martyrdom is pot ali dead yet. Alter the court had been called 0 order, the work of GETTING A JURY ‘Was entered upon with renewed zeal. It was slow ‘work, but not without some measure of compensa- tion. The prisoner’s counsel showed the same per- tinactous care in not getting any objectionable men on the jury. In fact, a more cautious and searcning Bxaminhation has rarely been exhibited in the criminal courts. In addition to qvestious about conscientious scruples against rendering a verdict ‘where the penaity would be hanging, and as to Feading accounts of the affair in the newspapers, %o nearly every one were put the following ; SEARCHING INTERROGATIONS. oe Do big know With what oifence the prisoner rt 2 at ote you the knowledge? 3. Has thinking or talking about it given you any {impression or opinion on his guilt? 4 To what extent has your impression gone? 5. How much of an opinion have you formed? 6. What part of it have you expressed’ 7. Does your impression relate to his possession of any motive for the deed? 8. ‘Are ou sensibie Of any antagonism of feeling towaras him now?’ 9 Do you consider yourself as impartial for jury duty towards him as if you had never heard or ead about his case or derived impressions or formed opinions? " WHERE THE LAUGH CAME IN, ‘This was at intervals all along. One juror iteously begged of the Judge to excuse him, The Suage was inexorable. His proverbial great heart- edness never gets the best of him when questions ‘of duty and justice are invoived. “4 can’t excuse you,” reiterated the Judge again ‘ain to the persistent pleadings of the juror. ‘ou any conscientious scruples about giv- rdict when the penalty would be death?’ ed of the jurer as he took his seat in the have,” promptly spoke up the juror ave,’ promp' joke up the juror. excuse you now,” said the Judge, with one of his blandly inimitable smiles, Everybody laughed and the juror went away smiling and happy. know nothing of the case,” said Mr. Robert Jardine, as he was being examined by Mr. Hall; “1 mever read the papers,” “we withdraw the challenge,” answered Mr. Hall, ‘‘for the reason that, having ebjected to so many jurors on the ground that they have read the mewspapers, we think we should not object to one who has net read them.”’ (Laughter.) This settied the case of Mr. Jardine and he was Bt once sworn inas einer and what made the case more laughable was the fact of his being the first pne obtained in the day’s list. One juror, who was being examined by Mr. Howe, answered yes to every question. “You have read of this case in the papers, I s#p- jpose?” asked Mr. Howe. « Wie “Did you possess an opinion as to the guilt of mere es NEW YORK HERALD, WEDNESDAY, APRIL 30, 1873—QUADRUPLE SHEET. “Have you got that opinion now?” 'Yes.’” 9 Got it firmly impressed upon your mind? ex, “Sen. Lnngnter. “Would you like to be excused from answering ther questions?” a ea the immobility with which this last response was given caused @ convulsoin of laughter. am moving,” pleaded a juror to the Judge, ,”? said Mr, Hall, “and would like to be excused. “Yes, by all means excuse hi with his usual quick-witteduess; “it is a clear case of ‘transitory monia.’” (Laughter.) The juror was excused, but when the Court excused another on the same ground Mr. Howe expressed his regret at “losing another movable a ; following were the additional jurors ob- tained:—Robert Jardine, Charles W. Beettcher, William §, Patten, Charles E. F. Moore, John Rogers and Henry W. Mierman, making aito- gether ten obtained thus far, ‘This result was reached attwo P.M., when, the panel being ex- hausted, another raha was ordered for to-day, and thereupon the Court adjourned, BUSINESS IN THE OTHER OOURTS. UNITED STATES CIRCUIT COURT. An Old Case and an Important Ques- tion=The Duty om Mousseline De-= laines, Before Judge Smalley and a Jury. In the United States Circuit Court yesterday, be- fore Judge Smalley and a jury, the case of Benja- min H, Hutton vs. Augustus Schell, ex-Collector of this port, was brought on for trial, It was an ac- tion to recover an excess of duty. In 1857, and rom that time up to 1861 or 1862, the firm of Benkard & Hutton and other large importing houses in this city imported from France worsted articles, composed entirely of worsted and known commercially a8 mousseline delaine, and were compelled by the Collector, under the Tariff act, to pay a duty of twenty-four per cent, They protested, claiming that the word “delaine”’ signified o cotton and worsted article mixed, which was made ex- clusively in Engiynd and the United States, and not at all in France. They claim, moreover, that the tariff act, being an act to protect a manuiac- ‘ture, wholly or in part, of cotton, the idea of Mmousseline delaine being an ail worsted article, being covered by the word delaine in a cotton tariff, was absurd. ‘The second section, chapter 98, oi the act of March 3, 1857, provides that all manu- factures composed wholly of cotton, which are bleached, printed, painted or dyed, and delaines shall be transferred to schedule C of the act of June | 1846, which says that the articles enu- merated in that schedule shall pay a duty of twenty-four per cent, On the importations of the mousseline delaines from France made by Benkard Hutton the Collector, Mr. Schell, levied a duty of twenty-four per cent, on the ground that they Were Classed among and included in the delaines referred to as transferred to schedule ©. In sched- ule D of the act of June 30, 1846, it is stated that “manufactures of worsted, or of which worsted shall bea material not otherwise previded for,” shill pay a duty of nineteen per cent. As already stated, the plaintiMs paid the duty at twenty-four per cent, and then instituted a suit to recover the excess, which amounts altogether to about sev- enty-five thousand dollars, The plaintifs claim emousseline delaine, being a manufacture ol worsted “not otherwise provided for,’ should be subject to a@ duty of nineteen per cent, as specified in sched- ule D of the act of June 80, 1846, as modified by sec- tion 1 of the act of 1857. So far back as 1860 this case was tried in the United States Circuit Court, Mr. Charles O’Conor and Mr, Charles Hunt being counsel for the govern- ment, and Mr. William M, Evarts and Mr. A. W. Griswold tor the plaintifis. There was no verdict on that occasion, the jury having disagreed. Eleven jurors were tor finding for the plaintiffs and one for the government. The case has thus remained about twelve years on the calendar, until it was taken up for the second time yesterday, before Judge Smalley and a jury. Mr. William M. Everts, Mr. A. W. Griswold and Mr. George S. Sedgwick ap- peared as counsel for the plaintifis, and Mr. Simons and Mr. Tremain for the government. The real juestion at issue is whether this article of mousse- line deiaine, being an all worsted article, is covered by the description of delaine in the tariff act of 1857. or whether it is covered by a subsequent medifica- tion of that act, as a manufacture of worsted “not otherwise provided for,” and subject to a duty of nineteen per cent. ‘lhe case is still at hearing, and will probably occupy several days. SUPREME COURT—CHAMBERS. Branch of the Union Pacific Railroad. Before Judge Barrett. An application was made yesterday in this Court on behalf of Samuel L. Tredwell, to compel an ac- counting of the profits of the contract for build- ing the Central Branch of the Union Pacific Rail- road, Thecompany was organized with the in- tention of connecting by means of another road with the Union Pacific Railroad, and obtained a subsidy from the government. The terminus of the road being changed, however, no connection was made, and further aid from Congress was re- fused, When organized the company contracted for building the road, assigning all their assets to the contractor except the equipments and the road- bed, bana Lg the contract was reassigned to the stockholders individually, and an interest in the contract was sold to all who bought the stock, the contract and stock going together. Mr. Tred: well claims that the contract being finished, and having realized large profits, each of the assignees of the contract is entitled to his share of the profits; but that instead of so dividing them the profits are being expended in buying up cou- pons of the bonds of the road in “betterments” ol the road, and other general purposes of the company, He now asks for an injunction to pre- vent this, and for a receiver to divide the profits among the assignees of the contract. The de- fendants answer that the contract was a mere form to proteet the stockholders; that the com- pany, in faet, through its own organization, built the road and raised the funds, paying a nominal contractor a fixed salary for superintending the building; that what is left tn their hands is, there- fore, not profits of the contract, but general assets of the company, and that the plaintiff has no indi- vidual right. After listening to og gh argu- ment in the case Judge Barrett took the papers, reserving his decision. Mr. Van Name’s Sojourn in Ludlow Street Jail, A motion was made yesterday to vacate the order of arrest against William Van Name, former President of the Market Savings Bank. This bank, it will be remembered, failed some eighteen months ago, and in January last Mr. Van Name was arrested on a charge of having perl eee some of the funds of the bank, and in delault of $45,000 bail he was lodged in Lud- low Street Jail, where he is still confined. It was urged by Mr. Homer A. Nelson, who appeared as his counsel, that he did not use any of the money gf the bank, as alleged, and that he was a poor Man. and could not furnish the bail required. Mr. Mand, pf the firm of Mann & Parsons, reed several aMdavits in oppesition, setting ferth that Mr. Van Name had, aes non that he of the boob Ly he rth $100,! at he was reported te be a Etat h, gnd that he owns a fine house on Twenty-third Streat, Where his family is living in elegant style. Various g!'e@ed stock speculations of his were also detailed in the S@ldgyits of stock brokers, Willingness was expressed to d‘mit a re- duction to $30,000, but not any less. The other side desired a reduction to $16, Judge Barrett took the papers, reserving his decision, Decisions. Gibbs vs, Gibbs.—Report afirmed and judgment ‘anted, orNational Shoe and Leather Bank vs, Rose.—Mo- tion granted. Turks vs. Daying.—Revort confirmed and order granted, Appleton vs, Boles.—Motion granted, In the matter of Thomas Stephens, &c.—Papers with clerk. Canfield and Others ¥s. Christie.—Same, SUPERIOR COURT—SPECIAL TERM. Dectsions. é. By Judge Sedgwick. Gabrielson vs. Tiercules Mutual Life Insurance Company.—Motion to allow service of the amended answer proposed must be denied. (See opinion.) Hudson River West Shore Railroad Company vs. Hay and Others,—Order setting aside order o1 Jan- uary 13, Hawkins vs, Keinzle,—Order granted. Furlong vs. Allen,—Order denying motion. By Judge Freedinan. Harris vs. Panama Katiroad Company. The case and the minutes of the stenographer must be Inarked as required by rule 22 of this Court before the case can be settled. By Judge Curtis. Stroub vs. Thira ‘Avenes Railroad Company. Mo- tion denied. (See memorandum with counsel.) MARINE. COURT—CHAMBERS, Decisions. . By Jndge Joachtmsen, Werder va. Stark.—Motion denied without costs. gio corte’ Kohner.—Order granting motion, with costs, Alexander vs. Williams.—Order to put day calendar for trial second Monday ot May next. rorrester vs, Williams.—Order of substitution. Iskiyan vs. Cady.—Motion to open. default grant- ed on ent of $10 costs and Sheriff's fees, Boy! mn VS. Newton,—Motion denied withent costa ‘Thompson vs. Jarvis.—Motion to strike out an- swer denied. Ua ae for new trial de- Doliner vs. Hi “iterate eum to dargh 2 Mer Of AZ CRt RTARtCd, With $10 cost Central Morgan vs. Gauro.—Order of reference, Solomon vs. Marange.—Motion denied. Ruttman vs, Bishop.—Motion granted, with $10 costs and disbursements, Christian Union Publishing Compas? ve. Menet.— Motion vacating attachment granted. Reich vs. Le Motion to reduce bail granted. Rose vs, McName.—Order of reference. Watson vs. Case,—Motion denied. See order, Betore Chief Justice Shea. Bernhemer vs. Mooshof,—Motion granted, Rheims vs. Bueren,—Jouanique vs. Bueren.—Mo- tions denied, Kuroski vs. Fleischl.—Motion denied, with $5 costs. Smith vs, Olney.—Motion to advance cause de- nied, with $5 costs. Blair vs. King.—Motion to open default granted, with $10 costs. = McNiery vs. Ridley.—Motion granted, Order signed, COURT OF GENERAL SESSIONS, The Mercer Street Burglary—“Mart” Allen Found Guilty and Sent to the State Prison for Ten Years. Before Recorder Hackett, The trial of Martin Allen, charged with being in complicity with his brother, “Wes” Allen, and a man named Wiley, in committing a burglary upon the premises of Kohlsatt & Sons, in Mercer street, on the 29th of March, was resumed yesterday. As the defendant is a notorious character, and he and his brother intimate friends of a large number of the “fancy’’ men of the town, the court room was crowded by that class, who listened with intense interest to “Mart”? Allen’s story and to the eloquent and ingenious argument of his counsel, Judge Beach, OMecers Sullivan, McManus and Corey were examined for the defence, to show that they ar- rested ‘Mart? Atlen at the corner of Elm and Howard streets; that he wore a short coat; and that when officer Moloney came up, four minutes after the arrest, he charged the prisoner with throwing either snuff or pepper in his eyes, but these officers said that they did not notice any- thing particular about his eyes, The prisoner, Martin Allen, was then called and examined by Judge Beach, He said that he was twenty-nine years old, and during the last year resided in Jersey City, and was travelling as an auctioneer for Peter W. Longley and James Larkin; he admitted that he was convicted in Connecticut, sentenced to the State Prison for eight years and a half, and, after remaining in prison fifteen months, was pardoned out; Allen also said that he was convicted in this State of grand lar- ceny in 1871 and sentenced; an appeal was taken, and bail was given pending the decision of the higher Court; the conviction was confirmed b; the Court of Appeals; he (Allen) torfieited his bail, which was $5,000, but he understood that the mat- ter was compromised by the payment of $3,000, d said that he was never imprisoned on ption; Allen then went on to explain that c cony why he was in New York on the night of the 28th of March; that his wife and children had been spend- ing a few days with her mother, in Twenty-sixth street, and he came oyer to take them home; as he was walking up Canal street from the Desbrosses street ierry he met Wiley, and told him that be wished to see his brother, Wesley Allen; Wiley had two friends with him, — strangers the prisoner, whom he introduced and ic!t in His company while he went for Wesley; Martin and the friends of Wiley went into the saloon und waited about twenty-five min- utes, when Wesiey and Wiley arrived; they had oyster stews, and Wesley left to get a letter for “Mart,” which was ata ball room; he came back aud told him (‘‘Mart”) that the letter would only be delivered to himin person; he told ‘* Wes? that he (‘‘Mart”) did not like to go through the Eighth ward, for all the officers there knew him, and might arrest him on the old charge ; “Wes”? vol- unteered to go ahead of “Mart” and see who were in Mercer street, the latter following; when he got near Greene street he heard footsteps, which ake to be those of Oficer Maloney, who tapped im on the shoulder and asked him where he was going; he told him he was geing across the Bowery to take a Third avenue car; the offl- cer insisted that he should go to the station house, and while walking along with him he (the officer) put his hand in his (the prisoner’s) pocket and pulled out a handful of tobacco, and as he jerked away from him the tobacco went in the offlcer’s face; Allen then told how he ran away and was caught by officers at the corner of Eim and Howard streets. Judge Beach had the defendant place the three bags which the officer swore he saw him throw away upon his body under the short coat he said he were that night, which was done with con- siderable dramatic effect. The counsel argued in his address to the jury that Allen could not have disguised those bags upon his person, and that the officer must have been mistaken, Assistant District Attorney Russell declined to cross-examine the accused, and at the conclusien of Judge Beach’s argument made a brief but forci- ble appeal for the conviction of Allen, Recorder Hackett delivered a concise ana impar- tial charge, and after a short absence trom the court room the jury returned with a verdict of “guilty of an attempt at burglary in the third de- gree, second offence.” Mr. Russell, in moving for sentence, informed His Honor that Alien was convicted in this Court in 1869 of grand larceny, and sentenced to imprison- ment for five years, but owing to a writ of error having been issued and his forfeiting his bail he (Allen) had never entered upon the sentence then pronounced, The Recorder sentenced Allen to the State prison for five years upon the conviction of 1869, and at the expiration of that punishment directed that he be further confined for a period of five years on the present conviction, making the term of imprison- ment ten year Burglaries and Larcenies. Thomas Conlon, ind'tted for burglariously enter- ing the tailor store of James McGeary, 260 Bowery, on the night of the 9th inst., pleaded «guilty to an attempt, no property having been taken. State prison one year was the sentence, Willtam Kelly, who was charged with stealing, on the 18th of April, from the house of Kate O'Donnell, 91 Market slip, a shawl and a dress valued at $30, leaded guilty to grand larceny. He was sent to ‘he State prison for two years and six months. Edward Green pleaded guilty to an indictinent charging him with stealing clothing valued at $45, on the night of the 24th of April, the property of Michael Murtha. ‘the clothing was taken from Mott Haven into this city, where the youth was ar- resied. He was sent to the Penitentiary ior three years. James Corbett, who was charged with stealing, on the 29ch of March, five shirts and underclothing, the property of Frank Morgan, pleaded guilty to petty larceny. John Hagan and Morris Levy, indicted for effect- ing an entrance into the grocery store of John W. Reppenhagen, 30 Ludlow street, on the 19th ins a Stealing $12 in money, pleaded guilty to petty larceny. Corbett and these two boys were each sent to the Penitentiary for six months. The petty jurors were discharged from further attendance, and the Court adjourned tili Friday. BROOKLYN COURTS. SUPREME COURT—SPECIAL TERM. Prosser’s Defeat. Before Judge Pratt, Thomas Prosser tried to get an injunction to prevent the Board of Education from expending a certain sum of money appropriated ($41,000) to gpy purpose other than the erection of a sehool- now#e in the Twenty-first ward, He failed. to build thé@gechool. Judge Pratt the applicatioit aud gaid:— ‘The People. ex rel Thomas Prosser vi Education.—After 4 careful consideration of this matter T am satisfied shat the application should be denied. After the funds for, educat nol purposes are levied, collected and placed to the or @ detendants Saulected aeiiehre fe weatia cue: aby yesterday denied The Board of of the Board ie ucation, subject omy tosuch limitations | as are preseribed by law. The powe the | Board ot Estimate is to Hx the amount to be le hen the duty is performed its functions are at an end. It seems fo be the intent of the statute to place within the discretion of the Board of Education the matter sought to make that Board responsible for an honest aud proper exercise of that discretion. Tohold that the Board of Estimate can itemize the expenditures of the Board of Education would deprive the latter Board — of all power to make any expenditures, if tho defendants’ Board called for funds for one pur: jose, and, after they were obtained, as alleged by fie relator, Nolermined to devote them to another, it Fishes no grownd tor this application, unless it dp- pears that the purpose to which the funds are to be ap- lied are beyond the powers conferred by law upon that joard. When, where and how to erect schoolhouses are clearly with ie retion of the Board, subject oniy the di to the limitation that the tunds, when once divi the Board, shall not, bo interchanged or drawn one for the other.” Courts do not interfere in cases of this kind unless the facts alleged show some wanton abuse of dis eretion or palpi nisappropriation of the public funds, neither of Which are perceptible here. The motion ior mandamus must be denied, but without costa. COURT OF SESSIONS. A Policy Dealer Convicted, Before Judge Moore. Nicholas Powers was tried yesterday for selling lottery policies at 239 Pearl street. Powers was one of the victims ot the raid made on the policy dealers some months since. This business had beeu flourishing in Brooklyn for years, and the police were aware of the location of probably every shop In the city, but there was no interference with the dealers until last Winter, when the Heratp ex- wed the delinquencies of these officials. The missioners thereupon gave orders to their subordinates to arrest any man found engaged in and Powers was one of the first vic- ness against him was had been sent by Ca &t the prisoner's place. agg JOK_ SOO Then | he appiiéd for a mandamus to compel the Board | aieretion and senirol | money farnished him by the Captain, and then in Detective Curran, who made the arrest. ‘The prisoner was convicted and remanded until Friday for sentence. A Bigamous Coachman. James Fox, a coachman, was convicted a short time since of bigamy. He married Margaret Ough- ten, a cook, and after a short honeymoon in New York sent her off to Ireland to visit her relatives. While she was absent James wo@ed and won Mag- gle Scanlon, a buxom chambermaid, Father Mc- iroy, of Brooklyn, performed the marriage cere- mony, under the impression that the parties were single. While in jail awaiting trial Fox was over- come by remorse and attempted to destroy his ap- petite forever by eating matches, Judge Moore yesterday sent him to the Penitentiary for three years and six montis, A Good Record. Judge Moore has neen very busy during the pres- ent term. Forty prisoners have been tried and ali the cases of the Grand Jury for this month disposed of, There were thirty-tive convictions, and the ag- gregate period of sentences was 123 years. ‘The average age of the parties convicted was twenty- eight years, . UNITED STATES SUPREME COURT. Important Decision Affecting Steamers and Sailing Vessels Meeting at Sea. WASHINGTON, April 29, 1873, The Supreme Court yesterday, in a collision case from Maryland, held that the nautica: “ules require, when a steamer and sailing vessel are approaching, that, from the very moment tue sailer is in view, the steamer shall watch with the utmost diligence her course and movements, so as to be able to adopt such timely measures of precaution as will necessarily prevent the two boats coming in con- tact, Fault on the part of the sailing vessel does not absolve the steamer suvfering itself to get in too dangerous proximity, The steamer, in allow- ing such proximity, is chargeable with all the damages resulting. The steamer is bound to keep out of the way of the sailing vessel, THE UNITED STATES MAIL ROBBERY, —ieeelilpeertedmink Close of the Protracted Trial at Tren- ton—Arguments of Defendant's Counsel and of the District Attorncy—The Jury Render a Verdict of Acquittal. The Rockatellow trial was resumed yesterday in the United States District Court at Trenton, Daniel Porter, the Postmaster, was recalled ana proceeded to explain the $1,000 matter. In speak- ing of that transation to Mr, Clark he had reference to the amount he had lost by the robbery; all this was done prior to any complaint being made before the Grand Jury and prior to any proceedings being taken, and, indeed, prior to having seen the Dis- trict Attorney, or before it was supposed he knew anything about it. A question was asked witness as to how he fixed the time when he saw Rockafellow on Monday morning, October 7, atten minutes past seven, depositing the letter in the Post office, to which he replied that as soon as Rockafellow deposited the letters in the office he took them up and said to his son, “Now, We will stamp these letters so as to fix the date ;” he also made explanations as to how Judge Williamson and others helped themselves to their own letters by saying that they were near the slide, and that the letters of Barcalow and of the Somerset Bank coutd not be reached in this way; the salary of the Somerset Postmaster was $1,200 peryear. He was then cross-examimed by Mr. Vanatta, but nothing important or conflicting was elicited, Cuiver Barcalow was new light on the subject, John K. Emory was called to prove the facts in regard to the time tables and the arrival and de- parture Of trains at Somerville; he also testified to Rockaiellow’s good character, George Porter, son of the Postmaster, then testt fied as to the manner the business of the office was managed; knew that letters had been lost, but did not know who was implicated in taking them; he denied having said that he had hit upon the time previously when the Post Office wouid be robbed. Mr. Clark was recalled, and said that le was positive that the proposition to settle first came trom Mr, Barcalow, atter which George Britton, of Trenton, was called to show the imitations of dif- ferent styles of writing, but his evidence was ruled out. ‘The testimony then closed on both sides, when Mr. Vauatta proceeded to address the jury. His first point was that it had not been proved that any letters whatever were taken on the days set jorth in she charge. He then showed that the tak- ing of and opening of letters was not larceny, but might be regarded as malicious mischief. In this instance, there had not been any proof that a single dollar was lost. There was not a proved case of larceny in all the transactions, He analyzed the evidence f Porter, senior, after which he said that the return of the papers, after they had been rifled, was evidence against the presumption that they had been stolen, A man Who would do this ought to be indicted for idiotcy. A man who would steal letters would hardly place back into the Post OMice the evidence of his guilt. He would be much more likely to deal with them as pirates do, on the principle that burned letters, like dead men, tell no tales. The defendant was never caught in the Post Office meddling with its affairs, and so far as any suspicion arose from this circumstance it might as well have been settled on ,any other citizen of Somerville. Counsel dwelt with some severity on the testimony of experts. He said it would not do to rely on the opinions of persons who called themselves ex- perts. This case should be decided on evidence. Alter reviewing the testimony of several witnesses he concluded by saying that it was @ clear case of ignorance, sustained by the highest grade ot evi- dence, and that tt would be, no doubt, the pleasure of the jury so todeclare. District Attorney Keasbey followed on the part of the prosecution. He spoke of the sacredness of the Post Oflice and referred to the fact that the evidence did not, as was intended by the defence, involve the son of Mr. Porter in the matter. He said the law quoted by Mr, Vanatta in regard to larceny did not apply to this case. (The Court here said that aman who takes letters Irom the Post Office was unquestionably guilty of larceny.) The counsel then proceeded to sum up the evt- dence, and said that it had been proved that Mr. Gaston saw Rockafellow, on the morning of the 8th of October, deposit letters in the Post Office. Gaston then rushed into the office, informed Mr. Porter, and they went together and found the contents of these letters to be the same as those which Mr. ‘Porter nad specially made up in his decoy envelops. They had been put there for detection, and there they had found them. On the preceding morning Porter and his son saw Rocka- Iellow deposit lettera in the office. Porter then went to the newspaper office, procured Rockafel- low’s handwriting and then compared them. Counsel alluded to the similarity of the handwrit- ing, and dwelt particularly on the word “sSomer- ville.” He then said that Mr. Paine, the best ex- ert in the country, had proved that the handwrit- ng on the envelops and that in Laura Gardner's leiter were written by the same hand, Judge Nixon charged the jury, and, after being ee hours, they brought in a verdict of not guilty. recalled, but he threw no t THE LABOR MOVEMENT. The Eight Hour Enforcement League=— Meeting for Organization Last Night— The Internationalists and the Move- ment—A Universal Strike Proposed, An adjourned meeting of the workingmen who are desirous of organizing the “Eight Hour En- forcement League” was held last evening at the Germania Assembly Rooms, There was a very small attendance, there not being in the room at any ong ‘me more. thay omrty persons. The ma- Jority of these were prominent members of the In- ternational League, and the time of the meeting was largely occupied with discussions as to the real object of the movement—whether it was po- litical or not. ‘The Committee on Credentials appointed at the last meeting, uamely~Messrs. Keys, Banks and Garson, Were not present. Credentials were re- ceived from the following trade organizations Tng Coopers, the Boxmakers, the Painters No. 1, Painters No. 5, Carpenters of Brooklyn, Amalga- mated Engineers, Piano-makers, the Gas Mever Makers, International Federal Council, Section 9, Section 12, Section 22, The old Committee on Credentials was discharged, and the following appointed :—Messrs, Ward, Biair and Kingset, ACRIMONIOUS AGITATION. Upon the question of credentials there was a Slight discussion, that somewhat interfered with the harmony of the meeting. v Mr. CONNOLLY, of the Pianterer 's Union, said he should decline to serve on a cominittee on cre- dentials. He believed that when he was sent as a delegate to this organization it was under the impression that this was a labor organization; but if the movement was for everything under the sun, he considered that he had no business there. The CHAIRMAN said that as far as le was con+ cerned, he did not represent any lavor organiza- tion, put he might say in behalf of the Interna- tionals that so far as their articulation was concerned, they were only anxious that Unis eight hour question should be settled, and the Internationals were quite willing to step aside and allow the trade anions and the labor organizations to do it, and those would have the blessings of the Internationals. BNVORCEMENT OF RIGHT HOURS. Mr. WARD the urged that the labor organt- zations should not withdraw from the secking of ‘he enforcement of this eight hour law. He dig not Parmonious w ‘Ae thay there Was apy diticuty io working, and proposed:—‘That a committee be nied to co-operate with other organinasions that have a similar object to the present meeting.” Mr. CONNOLLY moved to amend, and that a com- mittee be appointed to solicit other organisations. Mr. Biark, the secretary, Said that he was op- posed to co-operation with an organization that had decided to take ‘A TEST CASE IN COURT, and had given mstructions to counsel for that pur- ose. The object of the “Fight Hours’ Enforcement Peague™ ‘was to make f general strike of all work- ing men throughout the country, and he moved that it be laid on the table, This was carried by vote ot 9 to 2 ‘The following were appointed a permanent com- mittee on organization :—Messrs. Connolly, Ward, Blair, Benson and Roe, The Committee was instrneted to confer with all organizations as tothe mode of co-operation with which those organizations can promote the com- mon object of this League, The meeting adjourned to Tuesday night next, at the Germania Assembly Kooms, “LONG SHORE.” What the Satlors Think of the Shipping Act and the Commissioner—How They * Are Taken Care of by the Runners, and What They Are Asked To Do—Mr. Dun- can Makes a General Denial of Mr. Monahan’s Statement—Jack Speaks— Meeting of the Boarding House Keepers. Yesterday afternoon a HBRALD reporter made a trip around the water front of the city for the pur- pose of interviewing ‘‘Jack,” and obtaining his opinion in regard to the Shipping Exchange, its advantages and disadvantages. As general thing | sailors are scarce around the dock, for when they arrive in port they go to boarding houses and spend most of their time there, Those that are to be found around the docks are more favorable to sleep than speech, and consequently the opivions expressed were few and very tough, bearing & striking resemblance to those of the immortal Bunsby. Near the Exchange m Cherry street the reporter accosted a sailor with the inquiry, ‘‘Were yeu ever shipped through the Exchange?’ The tar stared at his questioner a moment and then said, “Are you from Duncan?” Being assured of the Inter- viewer's neutral character, he confessed himself willing to answer any question that might be put to him in regard to his experience in connection with the Shipping Exchange. In answer to the previous question he said that he had shipped through the United States Commissioner, but didn’t intend to do it again, if he could help it, NAUTICAL JACK SPEAKS. REPORTER—Did you ever have any diMculty with the Commissioner? JACK—NO; not any more than the rest of the men have, I shipped for Liverpool about six months ago, and when I went on board the ship I saw she Was not a seawortny craft, and I recog- nized the Captain as the mate of a vessel I sailed in about three years ago. I objected to go, because I did not like the ship, and I was afraid of the Cap- tain, who was @ h—I\-flred man when he was mad, He used to get mad about fifty times a day, and when he did he would knock a man down as quick as a streak of lightning. REPORTER—Why did you not leave the ship ? Jack—Because the Commissioner told me if I broke the paper I had signed I would be arrested and pnt in jail, and Wd rather be in h—ll on sea than in prison on land, So I stayed aboard. Rerorrer—Is that the only trouble you had with the Exchange? JACK—NO; the most of tt didn’t come until I came back, When I got into port I had to wait four days for my pay and had to go to a boarding house. You know when tars get together they will spend all the money that they've got, and never think of what they are doing until it’s ail over, I’m honest. You knew there's HONEST TARS, and when I got the money I paid my biils and went to Manayunk, Pa., where my wife lives, but 1 didn’t give her what she owed, so her little bilis had to wait until I came back this time.’” At this stage another * tar’? came down the street with a rolling gait, and was iutroduced to the reporter as Brownals, his friend supplementing the introduction with the information that Brownals knew a thing or two about the Commis- sioners. ‘Yes, 1 can tell you something about these fellows; I went through the office,” said the new comer, Reronven—Well, what do you know of the Com- sioners ? ROGUES OF “ RUNNERS” BROWNAL—1’II tell you what was done tome. I signed articles oi agreement in the office, and after I got my advance I was tackled by a couple of run- ners from the place, who said I owed them a fee for my shipment, which they said they had got for me. I gave them $2 a piece and they took it without thanking me. RePoRTER—You give them the money of your own free will and accord, did you not ? BrownaL—Yes, because I thought at the time that it was right to do it and that they had earned it. I didn’t object so much to giving them the money, but after they got that they wanted me to bay some clothes in a store, which, I am told, Mr. Duncan owns, or if he don’t own it he has got some interest in it; for all the lads teil me that they were asked to buy their clothes there by the run- ners, Then when I wouldn’t buy my clothes there they wanted me to put MY MONEY IN THE BANK under the Commissioners’ office, as they said it ‘was the safest one in the city. I would have put it in, only a friend of mine told me if I put it inI couldn't get it out as | wanted it, for they would only give me so much ata time. I don’t say tls is true, because, as [I never had any money in the bank I don’t'know anything about it. 1 only tell you the reason I didn’t put the money in, The reporter then called at several of the lodging- houses, bat the proprietors were very reticent and would not say anything about the Commissioners, as they seemed to think the reporter a deputy trom the Exchange, despite his protes{ations to the con- trary. It appears that some of the men from the Commissioners have gone to the boarding-house keepers, saying they were newspaper men, and ob- tained information from them regarding their opinions concerning the Commissioner. From some of the boarding-house keepers the reporter learned that much dissatisfaction was felt in the business, owing to the favor that was shown to fome of the housekeepers, while others were totally ignored. ‘The reporter catled on Captain Duncan and asked him if he had anything further to say concerning his trouble with the boarding House Keepers’ As- sociation. He said he had nothing further than the Jact that they (the housekeepers) were giving up the men, and that he had only three ships to man now. He said that Mr, Monahan’s information, which was given to the HERALD reporter on Mon-- day, was faise, The writer requested Mr. Duncan to take the paper and specify what was wrong, but Mr. Duncan refused, saying it was of no conse- | quence, Mecting of Boarding House Keepers. The Boarding House Keepers’ Association met last evening corner of East Broadway and Market street and passed the following resolutions :— Whereas the members of this Soclety learn with re- ret that some of the merchants of the port of New ‘ork, not understanding the cause of the diMeulty arising between the shipping Comrmissoner and the members of this body, do blame us for the detention of vessels for wantof seamen; therefore, be It Resolved, That the said merchants be hereby informed that we do not prevent our boarders ftom shipping in vessels, but that we refuse to negotiate due bills issued by Captain C. 0. Duncan; and be it further Resolved, That any merchants or any gentlemen that may be interested In obtaining crews for vessels are by respectfully invited to visit our houses and con- se with our boarders to find out whether we intimi- them from shipping. NEW YORK CITY. <= ‘The Comptroller's receipts yesterday $33,990, pn The Third Army Corps Union will hold their ninth annual reunion at the Matson Dorée, in this city, on Monday, May 5, the anniversary of the battle of Williamsburg. were Yesterday morning the body of Thomas F, Wil- liams, who was a type founder in Gold strect, mis- sing from his home, 341 Cherry street, since the lth of January last, was found floating in the dock, foot of Broome street, Kast River. Coroner Kessler will hold an inquest on the remains, William B, Clark, seventy-eight years of age, the Yorkville Police Court, was charged with ps ing a worthless check yesterday for $100 on James Wilkoski, a tailor, at 1,444 Broadway, and recetv- ing from him in return $90 worth of broadcloth, The old fellow was committed for trial, 1b is, kow- ever, believed that he is slightly insane, Coroner Keenan was yesterday requested by the Board of Health to hold an inquest, at 288 Seventh avenue, on the body of George Johnstone, a lad seven and a half years old, who died from the effects of poison, said to be @ preparation of nitric and mariatic acids, which was recently purchased from a pedier for cleaning silver, the mother hav- ing administered it in mistake for citrate of mag- Neside THE OIVIL RIGHTS OASE AT ALBANY SENT TO THE GRAND JURY. ALBaNy, N, Y., April 29, 1873, ‘The civil rights case, in which the manager of the Opera House refused admittance to that place of amusement a few evenings since to a colored man OG his Wile, hag been sent to the Grand Jury T THE PATTENBURG PEACE- BREAKERS Continuation of the Trial of David Cole lege for the Murder of De Powell—= No Important Evidence Yet Produced. The trial of David College for the murder of Dennts Powell was proceeded with yesterday morns ing in the small and sleepy town of Flemington, The antiquated court room was, as usual, crowded, the gallery containing a large assemblage of ladies, who in country towns, as wellas in the city, are always to be found on hand when sensational facts are to be narrated, The prisoner seems to take the matter very coolly, and, a8 far a3 the case has yet proceeded, he has no particular canse for uneasiness, as the evidence developed against him has not been very strong. The prosecuting counsel, doubtless, are doing their best to press the case, but some singu- lar blunders are made in the manner of examina- tion of witnesses. Last evening three negroes were brought up from Alexandria by a special constable to testify against the prisoner, BUCKLEY'S TESTIMONY CONTINUED, William Buckley, whose examination had not concluded when the Court adjourned yesterday afternoon, was recalled, He continued his test. mony as follows:— After I went from home on Sunday evening I went up the lane towards Squire Anderson's; T saw numbers of men, some on niy right and some on’ my Jeft, and som were in the fleld; there was a large. number of them; there was a negro lying upon the track, aud some of tie men were beating him; Cwent up to Squire Anderson’y to Ket the Squire to hold an inquest. Crosé-examined—I was out the previous night until twelve o'clock; Chester Dilley was up first the next morning; when [ saw College he was going towards the burn; he did not speak to me; when we came out an dying on the porch at the the men on the railroad there wert about a hundred of them; they said nothing to me or to them; I had seen College before this at Pattenvurg church; I did not see him again until [saw him at the house with the crowd. Mrs. Mary Carter sw am owner of the I reside near Pattenburg; Mas the Carter farm; lived there the time ot the riot; heard theveports of guns that morning, and soon after negroes came for shelter; it was: about four o'clock at the time; Itold the negroes the had better run than fight; | got up and closed the shul ters and bolted them and Went out upon the stoop; I them saw the Irishmen coming along; the Lrish were coming atter the negroes in haste, and were armed with all sor of weapons; our house is hear the road leading to the tunnel; saw a number of men start to go down to the Carter tarin; TMKY WERE NEARLY ALL ARMED; saw College goin the same direction some time after. wards; saw hil return in company wich several men; don’t Know who they were. Elisha R. Allen sworn—t reside near the village of Pattenburg; saw a crowd of persons pass my house om the morning of th: of September; there Were about a hungred of them; they had weapons; I saw David Coleg; he was going the same way as the crowd, but was a little behind them. Martin Wyckof,, a surveyor, stated that he had made amap of the scene of the riot, Oxing the places where the bodies were found and stating the distances between various points, The map was submitted to the jary. John Henn, a colored gentleman, was sworn, and tem tifled as follows:—I worked on the railroad, ‘near the Carter farm, last September; I knew Denis Powell, one of the negroes who were killed; on the morning of the riot I in my shanty; I heard an alarm that the Irish were ming, and I ran owt and went towards Mrs. Car ter's; l saw ‘is P ell running; ashe was running he fell; at the thine h HT heard a gun fired; Twenton an@ Jett him lying ‘0; | went down to Mrs. Carter’s and UP IN THE HENROOST} ce where the hens sab: while I was 1 got up in the p there heard them shoot Ben Deshman; one mam said, “Don't shoot him; Kill hima some other way; dou’t waste your ammunition ;” when I lett the henroost I went te the woods; I came back again and saw the dead body 0} Powell upon the road, where he had fallen, Willi Allen testified that he was in his father’ the Irish passed on the Sunday morning, lege go towards the Carter farm; 41d not se¢ ck. house w and saw © him come A number of other witnesses were examine but their evidence was of no importance, and, at quarter-past four, the Court was adjourned unfil ten o'clock this morning. THE BURST BANK. No Statement Yet from the Receiver Conference with the Depositors’ Com= mittce Yesterday—Taintor Indicted by the United States Grand Jury—How Wall Strect Feels About the Case. The excitement had greatly died out yesterday about the Atlantic Bank, though the effect was probably never greater than in Wall street yester- day morning, when the most,intense anxiety existed regarding the condition of other banks, During the morning the scene around the bank was about the same as on the day before, though as the day wore on it subsided somewhat. Many oj, the depositors called around to hear the news and went away without being let in. The orders were as stringent as ever about letting people in, The new receiver, Mr. Strong, arrived at the bank at cight o'clock in the morning, and shut himself up with the clerks. They then began thoroughly in earnest an examination of the boxes containing the securities. The first box taken in hand contained securities amounting to about one hundred thousand dollars. The great majority of these were pronounced good, many of them doubtful, and only a few of them actually bad, perhaps seven thousand dollars’ worth. There are four of these boxes containing securities yet to examine. The receiver has employed two of the clerks in the oMce to help him in making up the accounts. The HERALD reporter had a short inter- view with Mr. Strong, who said that the EXAMINATION WAS GETTING ON VERY WELL * and that things in the bank were quite as bad ag reported. There was a tremendous deal of work to do and It was doubtial if his offielal statement would ve ready for three or four days, but directly he had it ready it would be given to the press tor ublication, As the receiver was talking to the JERALD reporter Mr. Southworth came benind the jatter and shook his head very urgently at Mr, Strong, as if to say, “Don’t teil him anything.” ‘The late President also got very angry with a clerk for telling the reporter some news. The corrected list of the losses suiferea by the bank (in which an error was inadvertently made in yesterday's HER- ALD) foots up $584,000 in the bulk. ‘Ihe impression gained ground Hhiede hee 4 es pecially among the committee of the depositors, that some of the officers of the bank besides the cashier were concerned in the frauds which have been perpetrated, and this is, no deubt, the reason why the examination which is now going onis kept so remarkably quiet, Several of the committee of the depositors had no hesitation about giving this as their opinion of the manner in which affairs were conducted. During the afternooa the committee called in at the bank to see the receiver. They remained closeted with him and the late paying teller for some time, There was a great deal of loud talking about the fact ofthe bank receiving deposits on Saturday afternoon after it was known that the bauk must suspend. One of the commitreemen characterized it as a gross fraud, morally as bad as the crime of which Taintor is accused, of the day’s work by the comm ceiver may be summed up as follows:. THE LAST STATEMENT OF LIABILITIES, Individual depost $296, Bankers’ balances State deposits... . Western Union Telegraph Con Ceruitteates of deposlis 3 Total $3 In the addition of this the committee made a aoe of $100,000, which puzzled them for some time. Taintor was again seen yesterday by some of the depositors, but rejused to say anything. Of the $155,000 of the Atlantic Bank’s money which was deposited in the Gallatin Bank on Monday $125,000 was taken away by order of the receiver and piaced in the Sub-Treasury yesterday. With this a divi- dend will soon be paid to the depositers, The di- rectors held no meeting yesterday, TAINTOR INDICTED. It ia probable that there will be no examination before Commissioner Osborn in the case of faintor, the cashier of the Atlantic National Bank, as Mr. Bliss, the United States District Attorney, has presented to the Grand Jury an indictment against Taintor, and the indictment has been found. This isa matter that requires the fullest examination, Aside from the action of the District Attorney, Whatever it may be, there will probably be the most rigid and searching inquiry into the case. HARLEM PRESBYTERIAN, OHUROH. Laying the Corner Stone of a New Temple of Worship. The Harlem Presbytery, with a large attendance of the members of that denomination, assembied yesterday at the junction of 126th street and Fifth avenue to take part in the ceremonies of laying the corner stone of the first Presbyterian church in Harlem, to be known as the Har- jem Westminster Presbyterian church, The following clergymen were present:—The Rev, Dr. Ramsey, pastor; the Rev. John Spaulding, the Rev, Edwin 8, Hatfleld, the Rev, Dr. William Adams, the Rev. Dr. Howard Crosby, the Rev. BE. H. Gillette and the Rev. Thomas §. Hastings. The services were formally opened at half-past four o’ciock P.M, by the singing of the 137t! iM, invoca- after which an be ity @ and touchin; tion was made vy the Rey. Dr. Spaulding, The eighty-seventh psalm was then given by the choir and audience, and after its conclusion a spirited address was delivered by the Rev. Mr. Nerton, in which he _ solicited ie united action of ve ke reg ~ their beng to or 01 was 80 ausptciot The eighty-iourth was then sung and corner stone subsequently laid by the as ir, Fhis. ae of the ceremony being concluded, the Rev. Dr. Crosby addressed the congregation U grasulator tone, and was followed by the Rev. illette, who made the final address, entitled @ “Historical Review,” in which he dwelt on the | ee of the Lge and the zeal rd someiogy eas rwards sons banediction by the Rev. Da