The New York Herald Newspaper, May 23, 1873, Page 4

4 THE COURTS. THE ATLANTIC BANK DEFALCATION. Motion to Quash the Indict- ment-=Decision Reserved. GEORGE FRANCIS TRAIN. The Irrepressible Pagan Dictator Running a-Muck—Judge Fancher on the Situa- tion--George Likely To Be Let Loose. AND CHILD. + Paternal Instincts in a Court. of Justice and How Regarded—Kindly Care as an Offset to Religious Teachings. FATHER BUSINESS IN THE OTHER COURTS. Summaries—Another Oomptroller Mandam- us—Liability for the Safety of Valua- bles—A. Perjury Oase in the General Sessions. James Cahill, who had been indicted for receiv. ing mai! bags, knowing them to have been stolen from the Pest OMice, was acquitted in the United States Circuit Court yesterday. Yesterday in the United States Circuit Court, Judge Benedict presiding, the case of F. £. Taintor, who is indicted for embezzling $400,000, the prop- erty ef the Atlantic National Bank, was called up, Dy motion of defendant’s counsel to quash the tn- dictment. Counsel argued that the indictment ‘Was not specific, and that it does not enable the defendant to know what he is topleadto, The Assistant District Attorney having replied, con- tending that the indictment was good and sufl- cient, the Judge took the papers and reserved his decision, In regard to the report that the charge against John W. Norton, ex-cashier of the Post office, has been compromised, United Statea District Attorney Blisa states that it is entirely untrue, He also says that the statement that the indictment Sgainst Norton bas been put in the “pigeon-holes"’ is utterly without foundation, This case would Dave been tried in the June term if Judge Bene- dict had not announced that he would fl. at try all the prisoners who are in jail. Offers to compro- mise Norton’s case have been made, but they were rejected by tlfe District Attorney. Mr. Norton, Who is out on bai}, will be tried in October. Yesterday William Cook, of Howard street, was charged, before Commissioner Shields, with pass- ing a $10 counterfeit bill on Lee, Tweedy & Co. It BSabsequently came out that the bill was a good one, and the defendant was honorably discharged, “The irrepressible George Francia Train, in one form. or another, continues to haunt the courts. Before Judge Fancher, in Supreme Court Cham- bers, there was a preliminary hearing yester- day upon the writ of habeas corpus obtained di- Tectly after the verdict in his recent trial in the Court of Oyer and Terminer, and the order of Judge Davis ordering his transfer to the State Lunatic Asylum at Utica. There will be afurther hearing on next Monday, and meantime a petition is to be prepared asking an investigation as to his present Mental condition, From an observation dropped by the Judge, it seems not unlikely that permission to make such investigation will be granted. In the suit brought against Bowles Brothers, the late bankers of Paris, the particulars of which were published in yesterday's HERALD, Judge Fancher yesterday decided that the action would hold against all the defendants, including the special partners. The case will come on for trial next June, A case involving several questions of special in- terest touching the right of a father to the care and custody of his child was brought yesterday be- fore Judge Fancher, in Supreme Court Chambers, The full particulars will be found in to-day’s law columns, Several decisions in important cases, as will be seen by the report elsewhere, were given yester- day in the Supreme Court General Term. THE ATLANTIC BANK DEFALCA- TION. Motion to Quash the Indictment Against . Taintor—Argument of Counsel—Deci- s Reserved. Judge Benedict sat in the United States Circuit Court yesterday, and proceeded with the disposal of the eriminal business. Mr. John E. Burrill, of counsel for F. L. Taintor, who has been indicted for embezzling $400,000, the property of the Atlantic National Bank, made a motion to quash the indictment which has been found against Taintor. Mr. Burrill contended, in the course of an able and lengthened address, that the indictment was not specific enough, so as to enable the defendant to know what he was to plead to; that i¢ did not charge when the embezzle- ment took place, and that it. merely de scribed the money stolen “as divers mon- eys of the United States.” Further, there was no allegation in the indictment that the Atian- tic Bank ever carried on the business of a banking association. The indictment simply informed the defendant that he was charged with embezzling $400,000 from the Atlantic National Bank, Counsel beld that the indictment was not specific, and that, in its present shape, the defendant ought not to be called on to plead to it, His Honor would not find any difference in the rule of pleading between indictments for misdemeanor and indictments for felony. This charge amounted to a serious offence, though it might be called misdemeanor, By call - ing it such the offence was not diminished in the eyes ofthe Court; and that the Legislature re- garded it as a serious offence might be inferred ‘om the fact that the punishment attached to it— ten years’ imprisonment—was greater than the pantsiment attached to many offences which the w described as felonies. So that when @ man was indicted for a misdemeanor, to Which serious punishment was attached, he was me with the objection that it was no light mai and he had to encounter all the disadvantages of a man who was indicted for felony. Yet, was he to be deprived of these rights which the law would give him ifhe was indicted for felony instead of misdemeanor? He did not ask anything unreason- able. He knew that the Court would do what it could to preserve the rights of the defendant without infringing the rights of the prosecution. He asked tus Prosecution to specify, what it ought to have specified, if this indictment was Va erly framed. The exact nature of the offence should be specified, and the defendant ought to be told, in plain eed What it was the grand jury had found . , A. H. Purdy, United States Assistant District pa sisted the motion on the part of the gov. ernmen le said if, as had been suggested by the learned gentlemen on the other le, the jndict- ment was defective, not being specinic enor that could be cured by a bill of particaare, In England it was the practice to give a till of particulars, He knew of no American case in which a demand for a bill of particulars had been complied with. He was ready to give @ bill of particulars, but he had something to say as to the frame of the order for such bill, and he would insist upon seeing it set. tied by the Court. Mr, Purdy read from Wharton @ case In reference to granting bills of particulars, He would, if necessary, give a bill of particulars under proper restrictions, The first suggestion made by id learned counsel on the other side was hat the indictment did not set forth sufficient facts to enable the de- feridant to plead. In answer to that he ‘would say that it was the facts, and not the charge in the indictment, that placed the defendant in jeopardy. Counsel said that, with the exception ot one count in the indictment, the was no al- Jegation that the funds alleged to e been stolen came into the possession of defendant as cashier of this banking association, The statute s NEW YORK HERALD, FRIDAY, MAY’ 3, 1873TRIPLE SHEET.’ even coming into his hands as such director. The Supreme Court of the United States had almost one to the length of declaring and deciding that, i the words ofthe atatute were used in the indiot- ment, that would be sufficient, The fret count Jani of the of this indictment was in the ns on _ 4 is embezzlement, and he also lantic Bank will knew that it was @ national banking “4 because the title of the banking statute was sel out.in the indictment. They had alleged the exact act under which this banking association had been formed. They oharged the defeudant with em- bezzling $400,000 of the assets, noneys of the bank. That description was in the language Of the act, to begin with. Counsel on the other aide seemed vo think that they should be bound by the old Eng- lish form. in England they passed @ statute that merely a statement of A te would be enough; but io Massachusetts they had & statute doing away with that old requirement. The counts relating to the money he had taken from an indictment that had gone to the Supreme Court of the United States, and it was there held to be suficient, That was an indictment against a Treasury clerk in Boston of the name of Hartell or some name like that, Counsel on the other side claimed that the description of the money stolen was not. sufficient, but on an indict- ment for embezzlement, as he (Mr. Purdy) thought, one was not required to describe the property 80 accurately as in au indictment for larceny. Coun- sel said, with respect to the moneys, the descrip- tion gave no information to the prisoner. That was true. But to meet that objection he had set out with sufficient accuracy #ll denominations of United States money, so that if the prisoner stole the money it must come under one of those de- nominations, The prisoner must know what was meant by money of the United States. But the vernment did not mean to say that he took 400,000 at one grab. It was not necessary in an indictment for embezzlement to allege to a large amount the value of ba taken; the indict- ment would be sustained if any amount was taken ; they are not bound to specify the particular amount, The prosecutor should not be put in an embarrassing position by disclosing his evidence to the defendant, and the reason for that was obvi- ous, because an unscrupuleus prisoner might try to defeat that eat The indictment was as fallas the act required. He proposed to show that the Atlantic bank was a banking association under the laws of the United States; that on a cer- tam occasion the defendant took certain moneys of that association and embezzled and made away with It. Mr. Burrill having briefly replied, Judge Benedict took the papers and reserved judgment, TRAIN STILL RUNNING A-MUCK. His Trip to Utica Pecstponed for the Present—The Hearing on the Writ of Habeas Corpus—Probable Reinvestiga- tion as to His Sanity—The Great Judi- cial Problem of the Day. Another act in the melodramatic farce in which George Francis Train is the principal character, although mainly a mute personation on bis part, like the ghost in “Hamlet,’’ was enacted yesterday in the Supreme Court Chambers, before Judge Fancher. There was a large crowd present, who evidentiy expected something spicy, knowing the irrepressible proclivity of the great “Dictator” to have his gay when brought into a court room; but he simply looked on and listened and said nothing. The writ of habeas corpus procured directly on the termination of his recent trial and the order of Judge Davis consigning him to the State Lunatic Asylum was made returnable yesterday, and it was upon this the matter was brought into this Court. Mr. William F, Howe, counsel for Mr, Train, said that inasmuch as in the trial of Mr. Train before Judge Davis in the Court of Oyer and Terminer he had dissipated visions of Sing Sing, and now oniy the classic walis of the Utica Insane Asylum was leit him, his client wished to go to the latter place in order to test whether he is—as the commitment under which he is held sets forth—insane, or, as all within the hearing of his voice know very well, perfectly sane. He then went on to state ‘that at the pime the writ was issued the commitment had not yet been made out, so that tne petition for the bts writ simply set forth that alr. Train was eld without due process of law. Judge Fancher Ue chee that an inquiry should be made here as to Mr. Train’sstate of mind. Assistant District Attorney Lyon insisted on a dismissial of the writ and that Train should be forthwith sent to the Utica Insane Asylum, Mr. Howe contended that Mr. Train was perfectly sane and that the finding of a jury that he was sane wasa matter of Court record. He insisted further that the second jury did not find Mr, Train insane. The District Attorney did not fear Train’s physical danger, but his great mental ability, and thus was desirous of sending him to Utica, but “no pent up Utica’ was tue place ior such @map, The commitment upon which he was new detained was not returnable at any time like other commitments, but he did not propose that Mr. Train’s intellect should be buried within the walls of a lunatic asylum at any one’s caprice. Mr. Lyon pressed further for @ dismissal of the writ and that another petition be prepared, Mr, Howe said that this was simply a trick for the purpose of hurrying off the prisoner to Utica before another writ could be issued, and he claimed, as an act of justice, @ full trial should be givea Mr. Train as to his present mental condition. Judge Fancher said that there was no reasonable ground under the statutes why an imvestigatiou Suould not be had here as to the present mental condition of Mr. Train, and he accordingly ad- Journed the writ till next Monday morning. Upon the above decision, which was regarded as. quite a victory for Train, though making him a greater clepliant than ever, the latter was re- moved to his ati at the City Prison; an meantime, another petition 1s to be prepared as lng an investigatiou as to his mental condition. CUSTODY OF A CHILD. Efforts of a Father to Obtain Possession of His Child—A Religious Question In- volved—How Judge Fancher Views the Case. An interesting case, and particularly taken in connection with the action of the Judge im the matter, having reference to the custody of a child, which the father seeks to obtain, came up yester- day, be‘ore Judge Fancher, in Supreme Court, Chambers, The name of the child is Mary Elizabeth Small and her age thirteen years. The case came up on an application on a writ of habeas corpus, asking the discharge of the girl trom the St. Barna- bas Howe, which ts, as is weli known, @ branch of the Protestant Episcopal City Mission Society, In obedience to the writ a clergyman, proiessing to represent the St. Barnabas Home, produced the yeung giriin Court. The statement was that the mother of the child brought her to the institution and requested that a good place be found for her, In conformity with this request she had been placed with a family named Stevens, and at the time of the service o1 the writ was living with this family. The father of the girl, Patrick Small, swore on afMdavit that the girl’s mother had been an habitual drunkard for twenty years; that he had in vain sought to reclaim her; that, in a drungen fit, she enticed the girl away trom home; that it was some time before he could wens tain where sne had taken her; that on learning what she had done he went to the St. Barnavas Home, but they would give him no infor- mation about bis child, and that, therefore, he ap- lied for the present writ. He stated, further, that ¢ was a Catholic, and objected to his chtid living under Protestant influences, and his affidavit closed with stating that he was foreman in @ bakery, and abundantly able to take care of his child, ‘as he did of his other children, Other affi- davits were submitted confirmatory of the state- ment as to Mrs, Small being an habitual drunkard. “Is the child well taken care of where she is?’ asked Judge Fancher. “She is very kindly cared for,’’ answered the clergyman. “She could not possibly have a better jome, ' ¥. a “J will give no consideration,” oes the Judge, “to the qbestion of the cnild’s father being a Catho- lic and she under Protestant influence. e father can see the chiid, but he must not interfere with her. The writ is dismissed,”? The child was taken away by the clergyman. When asked where Mr. Stevens lived, he could give no more definite answer than on Eighth avenue, The father was too bewildered to say anything, and evidently greatly wondered that the fanciful idea should ever have oe itself to his mind that @ father had any rights as to the care and custody of his children, It 18 understood that the matter will not end here, but that application will be made to seme other Judge for anetner writ, BUSINESS IN THE OTHER COURTS. SUPREME COURT—GENERAL TERM. The Tenth National Bank Mandamus Against the Comptroller. Before Judges Ingraham, Brady and Learned, The Tenth National Bank, in 1571, advanced to the Court House Commissioners $440,000. By a previous act of the Legislature the Commissioners were empowered to cali upon the Comptroller for $750,000, the sum to be raised by loans to complete the new Court House. The drafts of the Commis. sioners, however, were made subject to the ap- Proval of the Board of Apportionment, Of this fund $200,000 was drawn and deposited in the bank, Baeanisl tions for $400,000 more of the fund were not pald, leaving the bank a large creditor. By an act assed last year the Comptroller was auth wed to issue bonds and to pay advan made by banks. But a day or two later this was modified by providing that this should not apply where there were appropriations already available for the payment, It became & question under these two acts whether the proper said nothing it fands coming into his possession. it Eo for the ler to embezzle the ito his such cashier, They ht eter | ule £ soepancoe without their having come im the bands of the teller, he oe ich th a ‘ubeasio tuo funds Without taelt ‘oy of ry remedy of the bank was to come out of the special appropriation of $750,000 or of the more appropriation made that year. 0 copied The for e mandamus agaist tie Oompirouer under tha, latter act, This application was denied in the Court below. In this Court this action was yester- day affirmed, J Learned, who gave the opinion of the Court, holding that it does not appear that vhe roqnlsiiana under the act of 1871 were made regularly. s0 as to give the bank undoubted right against the Comptroller. The bank people do net inclined, however, to give up the fight just yet, and under this decision application ta to be made for & mandamus Board of Apportion- ment, Important to Referees. The particulars of thesutt brought by Livermore, Clews & Co. against Bainbridge and others were fully given when the case first came up in the Courts, The referee in the case went to one of the plaintiffs, against whom there were counter claims, and intimated that the other side was willing to aceept a certain sum, and at the same time intl- mated thatuf the case went to judgment he would probably have to give a much larger Judgment against them. No attention being paid to his state- ment a judgment was given lor a larger sum against the plaintiffs, The report of the referee wus set aside and defendants appealed to this Court. Judge Davis yestel gave the epinion of the Court, auirming the Gecision ef the Court below. He holds that while it may be very proper for a Judge or referee in the presence ef both parties to suggest a compromise, it puts a referee in a false position to carry the si tion of one side for a compremise to the ier side, and as human nature is weak, it may at least in a weak man raise a prejudice against the party who reiuses a compromise and inciine him to make him suffer by such refusal. While he ascribes no such weakness to the referee in this particular case ho holds that referees in general muat be protected from such temptations by an indexible rule, A Lesson to Receivers. Application was made In the case of the Recotver of the Baltic Insurance Company for his removal on the ground that he had neglected bis duties in not making a dividend and reinsuring policies. This motion was denied in the Court below, Judge In- graham, in giving the decision of this Court on the appeal, holds that the excuses of the Receiver are insufficient, as, under the statute, netwithstanding the pendency of suits, he can make a diviston of funds in his hands, He therefore directs lim to call a meeting of the creditors and present his ac- counts so as to make a dividend to them, and, proper, to the stockholders; and authorizes the stockholders and creditors in case of failure to do this to renew the motion for the removal of the Receiver, Got as 4 Decision . Tracy vs. Cerje.—Judgment ordered on verdict for defendants. Opinion by Judge Learned, Judge Brady dissenting. Miller et al. vs. Gardner et al.—Order affirmed, with $10 costs, Opinion by Judge Learned, By Judges Ingraham and Davis, Thé Lee Box and Lumber Company vs. Bevan et al.—Order affirmed, with $10 costs, Opinion by Judge Davis. Connell vs, Pyne,—Judgment reversed and now triai ordered; costs to abide event. Opinion by Judge Davis, ‘The Dry Dock, East Broadway and Battery Rall- road Company vs. Cunningham and Others.—Order asa to Cunningham aflirmed, with $10 costs, Opinion Jy Judge Ingraham. Merchants’ National Bank of Little Rock vs. Het- terer,—Order alllrmed, with $10 costa, SUPREME COURT—CHAMBERS. Decisions. By Judge Fancher. Labolstein vs, Laboistein.—Report confirmed and judgment of divorce granted; custody of children awarded to the plaintit. Stevens vs, Jackson. @ motion to strike out the third Lari tpe of the answer as shown is granted, with $10 costs, to abide the event. Miller vs. Bowles et al.—Motion to place causo on short calendar for first Friday in June 1s granted as to all the defendants, In the matter of the petition of George W. I'ol- som, et al. to vacate assessment.—Motion to vacate the assessment is denied, with $10 costs, By Judge Barrett. Fowle vs. De Witt,—Cuse settied, SUPERIOR COURT—TRIAL TERM—PART 2. A Replevin Case—Does Stock Legally Be- come a Part of Chattel Property? Before Judge Monell. G. N. Williams and another vs. Patrick M’Cabe and Peeter Vrooman and another.—This was an action of replevin, brought to recover pos- session of chattels by virtue of a chattel mortgage. In November, 1871, Peter Vrooman and another recovered two judgments against the firm of Leiand & Wight in the Marine Court; an execution was issued and placed in the hands of Patrick M’Cabe, City Marshal, who levied upon the preperty in question, Previous to recov- aR judgment one H. J. Leland, brother of the Leland of the firm of Leland & Wight, gave a mortgage to the plaintifs on the chattels, goods, &c., to secure a debt then owed them, and after- waras soid his Interest in the business to the firm of Leland and Wight’s agent, when the judgments were recovered. The defence was that as the mortgage covered stock it was void, and also that it was given to hinder creditors. This defence wag over- ruled by the Judge and the jury found a verdict for the plaintiffs tor the full amount ($800) with in- terest. Culver «& Bertrand for plaintiffs, Ex-Mayor Hall for the de.endants, SUPERIOR COURT—SPECIAL TEAM, Decisions, By Judge Curtis. Ehlers vs. Ehlers.—Memorandum for counsel. Morgenthau et al. vs, Hausley et al.—Order that defendant have extra allowance of five per cent. Davidson et al, vs. Brown Manutacturing Com- Aas en that Clerk correct docket of judg- ment, Hofmann vs, Fischer et al.—Order that motion for reference to ascertain damages sustained by defendants be denied, without costs. Burnham vs. Thurman et al.—Order granted, By Judge Barbour. Harnett et al. vs. Garvey.—Case filed. Tuomas vs. Pitt.—Case settled, with amendments. CCURT OF COMMON PLEAS—SPECIAL TEAM, Decision. By Judge J. F. Daly. The People, &¢,, vs, Albert Marsh et al.—Applica- tion granted. COURT OF OYER AND TERMIKER, Plea of Guilty of Felonious Assault—A Pat Up Job and Narrow Escape—Error in an Indictment—Killing a Man Through Mistake and the Penaity. There was the usual crowd in this Court yester- day—Judge Davis on the Bench—but the cases tried embraced no features of special public inter- est. Richard Hurley saved the county the trouble and expense of a trial. Having made a felonious as- sault upon Charles Tilson, he pleaded guilty to the indictment, He was sentenced fer six years to State Prixon. Patrick McGinney was tried on a charge of break- ing into a cee store and stealing some sixty dol- lars’ worth of cigars and tobacco, Although some of the stolen goods were found in his room, his counsel, Mr. William F. Kintzing, showed, through the ingenious cross-examination of @ witness for the prosecution, very clearly that he was innocent of the charge, and the jury rendered a verdict of not guilty. James eae was Indicted for an assault, with intent to kiil, upon Lou's Lockwood. It was shown, however, that the name of the person committed was Louis Lockweil, An attempt was made to secure his acquittal on this Fone but the Judge ordered him to be remanded till a new indictment could be made against him. Robert Smith was next tried on a charge of malisiitighter in Kiliing Edward Doran, in April last, at @ liquor saloon !u Greenwich street. The evidence showed that therd Was @ dificuity be- tv eee two other parties, all being pretty well under the influence of liquor at the time, Wheit Smith went to strike one of them, and, by mistake, hit the deceased, injuring him so 'that ‘he died ning days afterwards. Mr. William F, Howe, his counsel, urged that the only possible conviction could be manslaughter in the fourth degree, and this ver- dict was rendered by the jury, Judge Davis said that under the circumstances he would pass a light sentence, and sentenced him for one year to the Penitentiary, MARINE COU;RT—PAAT 1. Liability for the Safety of Valuables=A Swimming House Trouble, Before Jadge Howland, Arnold vs. Braun.—The defendant keeps a bath- ing establishment at Sixty-fifth street and East River, On the Ist of July last the plaintim testifies that he went with a@ friend to take a bath, and passing by a building marked “ticket omce,” be- cause underneath was the sign “ladies’ baths,” approached another structure inside labelled “gentlemen,” and after asking the price of tickets, and being informed, handed the person tn charge a bill and received his change. He then asked this perre if he took charge of the valuables of the bathers, and was informed by him that he did, at the same time exhibiting watches, &c. Plaintil then handed him his watch, chain and locket, val- ued at $150, and asked for a check; to which the person replied that it was unnecessary. After taking his bath ig shat applied for his property, but was Informed that it had been stolen, where- upon this action was brought against the proprie- tor for the value, The defence set up was that the erson who teok charge of plaintif’s property was Polly unauthorized % ‘a0. #0 or to ae the pay for admission, but simply te furnish towels ani bathing dresses, and that an abundance of si bout the place showed where the plaintitt anowid ave left his property. The Court charged the jur; that f from artangement of the promises the position occupied by this person the plaincifr | Was reasonably led to suppose that thisvas the proper place to deposit valuables he would be en- fens ie recover, Verdict in favor of plaindid COURT OF CENERAL SESSIONS. The Perjary Case—Acquittal of the De- fendant. Before Judge Sutherland. The trial of Morris Soathal, charged with per- jury, was concluded yesterday morning. His Honor delivered an elaborate charge to jury, in which he said it was one of the most remarkable cases of perjury that he had ever tried, ior there ‘was wilful, corrupt and malicious perjury commit- ted either by David Kiine (the complainant) and his wife, two daughters and gon, or else the defend- ant and two merchants examined for the delence swere to a deliberate falsehood. After detiberating for a few moments the jury rendered a verdict of “not guilty.” Burglary, Frank Clark, who was jointly indicted with three others, pleaded guilty to burglary in the third degree, he having been concerned in burglariously entering the tailor shop of Loeb Frankenthaler, 70 avenue B, He was sent to the State Prison for three years, Petit Larceny. Patrick Merry and Joseph Rodgers (youths) were convicted of petit larceny. They stole three hats, worth $9, on the 3d of May, the property of Joseph Rodgers, The prisoner Rodgers was no relative of the owner of the goods, They were each sent to the Penitentiary for six montis, Edward Morris, cided indicted with James Ward for stealing the contents of the livery stable of Charles Dodd, 60 Alien street, on the 7th of April, pleaded guilty toan attempt at grand lar- ceny. There were mitigating circumstances which led’ His Honor to limit the punishment to six months’ imprisonment in the Penitentiary. Henry Abby, @ boy, was acquitted of a charge of burglariously entering an uninhabitated dwelling house, 72 Orchard street, onthe 29th of April last. BROOKLYN COURTS. CITY COURT—TAIAL TERM—PAIT |. A Former Secretary of the Brooklyn Ferry Company Suelng the Corporation. Before Judge Netlson, Aghn Berry ts suing the Brocklyn Ferry Company to recover $14,000, alleged to be due him under the following circumstancesi—Frohi March, 1855, to May, 1864, he acted as the secretary o1 thé company, and ls office in New York was occupied as the ofMice of the company, the books being kept in his safe. He claims that he never received compensa- tion for his duty as secretary or for rent of the office. In 1863 he mstit:.ted suit ayainst the com- pany to recover $13,750 for services and $2,500 for rent, and yesterday the case was called on for trial, The company claim that Berry was. a stockholder and director, and also their attorney and counsel, and that there was no agreement between them that he was to be paid for his services or for the use of his office, save only in the advantages that might accrue from his position as their lawyer. As further defence the company set up the stat- ute of Limitations, Case on. The Tables Turned. The suit of Contractor Patrick Donlon against the city had a termination unexpected, to the plaintif® at least, in the City Court yesterday. Donion sued for $8,000 alleged to be due him on his contract for grading and hee Sumter street and for damages sustained by being deprived of the contract, Corporation Counsel De Witt showed that the plaintigy was deprived of his contract because he id not periorm it properly and that it was awarded to another party. The city made a coun- ter-claim for damages resulting tren Dounlons’ fail- ure to tuliil the contract, and the jury rendered a verdict of $1,200 agatost him. CITY COURT—TRIAL TERM—PART 2, Rosanna Walker’s Success. Belore Judge Reynolds, Miss Rosanna Walker sued Charles Calvert to recover $5,000 damages for injuries received by falling through an improperly covered cellarway in front of defendant’s premises, 402 Court street. ‘he case was reported in the HERALD of yesterday. The jury awarded plaintiff $1,800 damages, Suit fora Salary. George L. Dulaney yesterday brought an action against the Blees Sewing Machine Company to re- cover $1,062, alleged to be due as balance of salary as superintendept in 1870. ‘They presented a counter-claim of $5,000 for damages alleged to have resulted from the defendant's employment oi in- competent hands. Case still on. COURT OF SESSIONS. A Young Burglar. Before Judge Moore. A youth named Joseph Reilly was tried for break- inginto and robbing Supervisor O’Connell’s bar- Teom, at Atlantic and Troy avenues. It appeared porn the trial that Roundsman Barry, who ar- rested Reilly, told him that “it would light with “him” if he pleaded guilty. he prisoner confessed his guilt to the officer, but subsequently claimed that he was drunk when he made the confession. District Attorney Britton rebuked the officer for holding out such inducements to the prisoner, as he tran- scended his duty. Reilly was convicted of burglary in the third degree, and sentenced te the Pent- tentiary for one year, COURT OF APPEALS DAY CALENDAR, ALBANY, N. Y., May 22, 1873, The following is the Court of Appeals day caien- dar for Friday, May 23:—Nos. 118, 122, 123, 128, 129, 182, 133 and 134, MURDERERS AT BELLEVUE HOSPITAL. . + The Condition of Jackson, the Negro Murderer—DIcDermott, the Wife Mure derer, Completely Recovered and To Be Transferred to the Tombs in a Few Days. Jackson, the negro murderer, who is confined in Bellevue Hospital for medical treatment, is recov- ering rapidly. The cut on his throat shows indica- tions of healing, and unless pneumonia sets in ho will be fit to go to jail in about three weeks. He is still silent, and writhes on his narrow cot uneasily, now and then drawing long sighs, and sometimes exclaiming, in a low voice, “uh! Through the windows of his cell he could sec the drizzling rain falling all day, and the condition of the weather had an effect upon his disposition, for he was -gloomier and more sullen, if possible, than on Wednesday, His answers were in monosyllables, and at times he would not condescend to utter even these, but maintained @ dogged silence. He expressed A REGRET that he did not succeed tn taking his life when he went about it, for he thinks if he nad succeeded he would have saved himself much trouble. Be this as it may, he would have saved the county much expense, Noone has called to see him since hig confinement, not even his relatives, who must have heard of his trouble by this time, He ate his meals yesterday, and ts Rg pete his strength, although yet very weak irem loss of blood. , M’DERMOIT. John McDermott, Wis murdered bis wife in @ tenement house at 426 West Fiity-second sfFést, on Easter Sunday, by mashing her head into a jelly with & six-pound stone-hammer, 1s confined’ op- posite Jackson. It will be remembered that the cause he assigned for the murder was that his wife was unfaithful to him, and looked with too much favor prep one Patrick Ryan, a cousin of his, who rded in the house. It was stated at the loroner’s inquest that there was not the slightest cause for this jealousy to actuate McDermott to commit the murder, as his wife was a@ hard-work- ing and respectable woman; the best of mothers, and but for tne repuises of her husband, an excellent — wife, icDermott was arrested shortly after the murder, and confined in Twenty-second precinct station house, while ere he attempted to commit 8 Holde by bab ng hls head against the iron Washstand whic! fy fastened in one of the cell corners, and would ha’ succeeded had not the officers entered bouna yrs He inflicted seven severe & on his ead, and for a time it was doubt he would recover or not. In appearance Mcier- mott beal Cee e resemblance to Ennis, the E whi rdered his wife at West Farms last It e ater. McDermett is a short, thin man, with black eyes, which have a peculiar bright sparkle in them. H 5 bair is black and he wears a full beard of the same color, He has all the appearance of a nervous, impulsive man, but does net look like the ferocious animal he has proven himseif to be, HE REPRNTS OF HIS ACT, and is sorrowfully indifferent as to the conse- quences, for he sees that he deprived himself ot his best friend when he killed his wife, He will be re- moved to the Tombs in about ten days, and as he has been indicted for murder in the first degree by No Grand Jury, his triai will come off during tho jummers A-CASE OF ITYDROPHOBIA. In the cells at Bellevue there is another man confined—for a misfortune, not a crime—whose name is Bendes. He is about nineteen years of age and a native of Cees He was bitten by a dog, how long since cannot be ascertained, and he is now affilcted with that most horrible of all dis- eases, hydrophobia. The poor fellow is mad, and howis and screams in 4 most horrible manner, He does speak English, and seems to have no friends, as no one has been to see him since his re- ception at the hospital on the 20th inst, He boarded ol ut Ly ol application to sce AFRICA. THE WAR IN ASHANTEE. A Gerious Outbreak Against English Rule—The Gold Coast and Its People—Rum and Am- munition the Cause of Hostilities—Trans- fer of Dutch Settlements to Great Britain—A Bloody Battle and 8,000 Killed—White Rein- forcementa on ‘Their Way to Gninea. The war that has broken out between Ashantee anu the inhabitants of the English settlements in Guinea, on the West Coast of Africa, cannot be looked upon as @ Small matter. The territory under actual British sovereignty menaced 1s very small, but its commercial importance ts fully equal to that of either Tasmania, Western Australia or half a dozen of the lesser West Indian islands, To learn its position on the globe exactly itis only necessary to take up a map of Africa, and looking at @ point five degrees north of the Equator, there will be seen om the Atlantic seaboard the spot where stands Cape Coast Castle, the capital of the English settlements. It contains a population of 10,000 blacks and perhaps less than 200 whites, ex- clusive of the garrison. As its name indicates, it is a fortified position, being the strongest of seven er eight sitnilarly armed factories on the coast, or close to it, maintained for purposes of trade with the in- terior, British authority, in reality, is not claimed or exercised beyond the actual ground occupied, but it ia asserted all along thi st where men-of war arg ayailable, @xcep! SP ae where non {zed colonies oF Soitiements exist. In the vicinity of Cape Coast Castle are the Fantee tribes, who occupy @ large district of country; and more towards the north and west is the kingdom of Ashantee, Duying wars lasting twenty of thirty years, inthe presemt century, with the Ashantees, the ‘gntees have been the allies of the British and fave eontinued under thelr protection. In con- sequence they have enjoyed far greater prosperity than the tribes subject to the barbarous rule of native kings and chiefs. The present invasion of their territory and the batrle that has taken place, in which they were defeated, is simply a revival of old eferts of the Ashantees to reduce them to sub- Jection, and is, besides, an open and decided act of war against England—a challenge that has been promptly taken up by that government, STRENGTH AND ORGANIZATION OF THB ASHANTEES. The Ashantees are formidable enemies. They are warlike and ferocious. With them to inflict vio- lent and sanguinary deaths isa pastime. In war they spare neither age nor sex. Their personal ornaments are human teeth and human jawbones, The Dutch factories close by have kept them plen- tifully supplied with guns, powder and lead, and ito the organization of their armies civilized disci- pline has been introduced, enabling them to show great ighting power. They have been for genera- tions adding to their territory by conquests and annexations. The Fantees have been the only Peovle whe have so far, with any degree of suc- cess, resisted their encroachments, In 1824 an ex- pedition under Sir Charles MacOarthy, the British Governor, was defeated and destreyed, and during its progress that efMficer lost his life. The popula- tion of Ashantee is 3,000,000 id constitutes, perhaps, the only compact powef, with anything like the same strength in numbers, in Africa, that acknowledges one sovereign. A force of 70,000 Ashantees can be breught into the ficid, lea by one. general-in-chief, who would be implicitly obeyed. The Fantees have half a score of kings, each pad- dling his own canoe, and the English, without re- inforcements, should they leave their forts, would be only a mouthful for the ferocious enemy. The factories are strongly fortified ; but Mr. Knatchbull- Hugessen, Under Secretary of the Colonies, stated a few wecks sinco in the House of Commons that arms and ammunition had been ferwarded, to- gether with large supplies of provisions, and two ships-of-war were acting on the coast and several paddle steamers had been sent to the Gold Coast well provisioned. He also announced that 100 men of the Second West India regiment haa arrived, 150 mounted police had also been despatoned, and that the commanding officer had taken every possible means to unite and combine all the available forces for the purposes of defence. THE GOLD COAST AND ITS TRADE, Guinea, in which the English, Dutch and Portu- gese factories are situate, has a vague breadth trom the Atlantic Ocean towards the interior, and is bounded on the south by the waterless desert which stretches away as far as the great Orange River. It includes Gaman, Dahomey, Congo, Cala- bar, Ashantee and Fantee, The divisions on the seaboard are known as the Grain Coast, the Ivory Coast, the Slave Coast and the Gold Coast, the latter being in possession of Holland and Great Britain. Liberia and Sierra Leone are to the north. Indigo, pepper, cotton, sugar and palm oil among the principal articles of export. Ashantce and Fantee abound in gold. It has been found in pieces weighing as much as four pounds, The natives exhibit great skill in the fabrication of articles of gold, and make swords of superior workmanship, It is not to be supposed that the English are dis- pared to retire from their possessions on the sea- ard, or allow the Fantces, who act asa barrier against the flerce neighboring tribds; to be over- come, On the other hand, it appears the Colonial OMce is bent on extending British dominion in that quarter, and has met with considerable suc- cess during the past few years. RECENT BRITISH ANNEXATION IN AFRICA, Mr. Pope Hennessy, now in this city, en route to assume the Governorship of the Bahama Islands, was recently Governor of the British possessions on the West Coast of Africa, During his adminia- tration the Dutch settlement of Elmina, within ten or twelve miles ef Cape Coast Castle, was ceded to England. This town is the strongest on the whole coast and Js defended by Fort St. Jago. Its popu- lation consists of 10,000 blacks and only thirteen Europeans. The transfer was not agreeable to the Ashantees, who could obtain at Elmina what the English would not seil to them for love or money— namely, guns and ammunition, The barbarians could, however, get for proper consideration, all the rum they wanted, and they were wholesale customers for that commodity, Governor Hennessy, who earned a national reputation as an Irish liberal representative in men received the thanks ol the government for his par' in the negotiations, but the war with Ashantee ts one of its firat fruits. Great Britain has mage a bn on Liberia for certain coast territo! ne 8) - rela be Se Kaen itis ences eld by mT rl Gt wan the ealsath eed Solymo ‘Sha Sheba lyers, and in October, 1870, proposed to the jberfan government that the matter in dispute be submitted to. the United States as arbitrator. It has not yet been settled. It is referred to in a recent letter written at Monrovia by Captain Shu- feldt, of the United States steamer Plymouth, to the Secretary of the Navy. The climate of the West Coast of Africa is deadly to Europeans; but the interests of trade overcome all such considera- tions. It may be mentioned that Governor Hennessy, during his residence there, lost his only son. - THE ORIGIN OF THR WAR. To get at an understanding of tne present dim. culties it will be meant oe briefly glance at the ast piatorg of the West Coast, The snbject is of interest. early Portuguese navigators, in fecl- ing their way for @ passage around the Cape of Good Ho , first made settlements in Guinea. The Dutch; Danes and English followed. The British trade wit the Gold Coast was placed In the reign of Charles Il, Under control of the Royal African Company, whose Governor General was Governor of Gape Coast Castle, ine {orta bullt for the pro. tection of Europeans were hc’! ‘at eat rents ald to the native kings or chiets, The Monafoh or shantee reduced all the neighboring ‘tribes and States to a condition of vassalage, One of (he sub- kings revolted, and the Fantees, friends of she English, gave ‘him assistance, They were cori: quered and their country was soveral ravaged. In the béginni; of the present century the Fautees, being "Glosoty pur- sued by the Ashantees, sought refuge at Cape Coast Castie. The Governor opened fire on the latter, and the English, who had calculated in finding in thetr new adversaries a prowess some- what on @ level of that of negroes of the coast, were astonished at seeing them rush to the very muzzies of the cannon and fire with such precision that not @ man could appear at any embrasure without be- ing instantly brought down, A force of thirty men—the garrison of the castle—agamst 15,000 could do rowing, Reinforcements were sent. Meantime the castle was blockaded. Frequent at- tacks were made, and in 1816, the ene! ‘was in- duced by presents to retire, and the authority of Ashantee was acknowledged over the entire coast. A KING CONQUERED BY PRESENTS. The English at Cape Coast Castle had been tn the habit of paying rent or tribute to the Fantees by notes payable in kind—that is, in rum, powder, guns and lead, The King of Ashantee upon tue it ion 6 these bills and vem kind of 4 ammun: tion and muskets; and raised the Dutch at Elmina Gust ceded to England) for acting fairly, and whe ve him powder hers shot aan id back, In 1820 a commissioner was sent from Engiand to try and settle the dimoulties, ‘When he arrived he found the King at the head of 0 army on the eve of attacking the people ol Ga- men, who were assisted by the Fanvees. The com- missioner brought with him presents consisting: of an admiral’s uniform, gold watches, wines, pistols, gold embroidered silks, &¢. The King was captured. le acknowledged himself to be a vassal of George IV. and he swore, “He is my master and I will serve him traly and do all I can to give him satisiaction; the white king 1s my king.” * SIR CHARLES M’CARTHY'S DISASTROUS CAMPAIGN. Matters did not long remain in this amicable con- dition. There was war again with the Fantees, and ape Oastle was in 1821 again blockaded. The subject tribes refused tribute and an acy of 30,000 Ashantees began to move towards the Eng- lish settlements. governors of the factorica would not recognize the notes for rent given to the Fantees and captured by the Ashantees, on the ground that the forts were English territory, This was entirely at variance with the treaty of 1814 Sir Charles MacCarthy was now desp: ed to the West Coast as Governor of all the setti¢fnents from Gambia to Volla Kiver, and the Royal African Com- ny was abolished. On reaching the country he found Cape Coast Castle rigorously bleckaded. He at once proclaimed deflance and promised pro- tection to the Fantees. Sir Charles determined upon marching upon Coomasy, the capital of Ashantee, and dethroning the King, He speedily set about organizing the natives whose tow! were near the forts. He adopted the sys- tem pursued by Cortez, the conqueror of Mexico, and formed alliances with littie inferior tribes. ‘The King was near at hand, and kept his army in one body. Sir Charles divided his force into several columns, and, with the largest, made a rapid advance to repel the Ashan- tees, whe met him in great numbers, and, it was admitted, inthe most gallant style. Tie English were totally routed—almost annihilated. Sir Charles was killed, and of the whites under his comman, ny two %) ape. War continued geyoral » and the Ashantees, becoming de- fnoralized from the incipient sorties ef the crews of several men-of-war ordered to the scene, re- turned to their own country, SIXTY THOUSAND MEN ENGAGED IN BATTLE. + we recent cession of i Letter’ Lied yn be ngland, ag waa anticipated, has bad the effect ol cat ane Ue Achhittees to take Once more the Wats path, Early in March last ai army approached within twenty miles gt Cape Coast Castile. They, no doubt, began to feei the loss of their iriends, who supplied them with arms and ammuni tion, and to perceive that they could ex- ect nothing in that line trom the Brit- sh factories. The invaders camé for- midable numbers (30,000). acting in unison and obeying ail the orders of the commander placed over them, The Fantees, in equal strength, were, to a considerable extent, badly armed, an were acting under the direction of five orsix kings. The battle opened early on the morning of March 10. The tactics appear to have been very simple, and consisted in steady flying to the front without any attempt to manwuvre. Afterseven hours’ fight- ane the ng t wing of tae Ashantee army was driven the fleld, and its flank thus exposed to be turned. At that critical moment a Tossenger was sent toan English officer commanding a body of armed police, only a mile or two distant from the spot where the battle was fought, entreating him to ceme to the succor of the Fantees. He refused to comply, stating, curiously enough, as a reason, that his instructions were to give them nothing more than suppert. Thus left to their own re- sources, the Fantees retreated, finding themselves out of ammunition. They fell back, it is sald, in gvod order aud were not pursued. ‘The Ashantees lost 2,000 men, and the Fantecs, who acted on the defensive, 1,000 men. WHAT IS TO BE THE RESULT? The war is, by no means, to be considered an fn- significant one. Past experieuce has shown that thea Ashantees have, like the Modocs, been suc- cessful in their encounters with their civilized neighbors. No attempt is made to disguise the fact that the hostilities commenced are directed against British interests, and really threaten the existence of British factories on the coast. The government looks upon the matter in that light andin that light only. The Fantees have been always and are now the bulwarks to defend the forts, and their subjugation would mean oniy the Doleagariny of Cape Coast Castle and the other armed settlements. The military strength of the enemy is by no means inconsiderable, and the deadly climate of the eountry would be terribly fatal to European troops. It has been stated above that reinforcements have been forwarded to the scene, and as long as & sufficient naval force is on the spot the whites will, of course, be safe in the seaport towns, but the war breaks up the trade which makes.the country at all tolerable as a place of abode. “Weare not inclined,” says a London Journal, “to play the part of alarmists, but the Ashantees have always had the name of uncom- fortable augury for our settlements,”’ British Official History of the Outbreak and Its Chief Causes. A British official correspondence, which has been just issued in London, relative to the cession of the Dutch settlements on the west coast of Africa, presents information which throws light upon the invasion of British territory by the Ashantees. It seems that the King of Ashantee claims Elmina ag his own by right, and it is admitted that an annual payment of about eighty pounds sterling (which he represents as tribute) has long been paid him. In @ communication to the English Foreign Office, dated February 3, 1871, on the subject of the cor- Tespondence between the Colonial Office and the Commander-in-Chief of the West African settle ments, Sir Frederick Rogers wrote as follows:— Although it would be impossible for Her Majesty’s aa to sanction the annual payment to the ing of Ashantee of £80, which the Dutch govern- ment have paid to him, if it is to be considered ag an acknowledgment of any political superiority or territorial ownership, there is no reason why it should not be paid by the governinent of the Gold Coast as an inducement to maintain peace and encourage trade, and continued to him so long as he acted properly toward the British govern- ment and the tribes under our protection. Lord Kimberley, however, considers it necessary, before roceeding further with the Convention, that the utch government should procure, by such means as they think fit, the renunciation of the claim of the King of Ashantee Elmina, else this government may find itself involved in a war with the Ashantees. Colonel Ni las remarks, in his statement on the subject, that he can readily understand that the King of Ashantee will be very Much annoyed ie the transfer of the Dutch Possessions, as he will loge the free intercourse, not only with the Elminas, but with the people on the seaside irom Assinee to the Volta. Lo: imber ley does not see what is to prevent the Ashantees from_ havi @ continued free intercourse with Elmina, nor how the transfer can effect their present position with respect to access to the sea- side; but his lordship has no doubt that it would be @ happy circumstance if the Ashantees could have direct access to the sea for purposes of trade, and he would readily instruct our authorities on the coast not only to offer no obstruction to such a movement, ii conducted by peaceful means and under safe Meyetsillese nity to facilitate it as far ag Mes in their power, The documents transmitted oy Sir A. Kennedy prove the absolute necessity that the Dutch government should, berore the completion of the transfer, remove the Ashantee chief, Atjlempon, and his followers from the Elmina country. That chief was present at the meetin, held at Elmina to consider certain proposals whic! the Administrator of the Gold nH had authorized Mr. Bartels to submit to the Patt and chiefs for establishing peace between the Elminas nd th Fantees in anticipation of the transfer, and on tha’ goat. Atjlempon told the meeting that Mr, is had sald what did not eres the Elmina people, adding, ‘We don’t want the English flag, ye it not have it.” It would likewise appear ‘oh What Colonel Nagtglas stated at the meeting that he had not received instructions to prepare the people for the transfer, or, at any rate, that he has not understood his instructions in the same way as the British authorities had understood the corresponding Instructions addressed to th and Lord Kimberley would recommend this should be pointed out to the Dutch gov ernment, The promise made b; . Bartels at the meeting that violence on the part of Fantees should be put down, if necessiry, wit! high hand and by force, was not justified by the in- structions conveyed to the administrator, who will be informed that such an improper promise must not be repeated, and that steps must be taken to disengage Her Majesty’s government from any liabilities attaching to it. ~ In reply Lord Enfleld sent to the Colonial Omce correspondence with the Netherlands Ministe? for’ Foreign Affairs respecting the claim of the King of Ashantee to the proprietorship of Elmina, on the Gold Coast, It would seem from the statement of tho Netheriands Minister that there can be fio’ doubt that the title of the Netherlands gvern Ment to the forts now ceded to ‘England 13 an- questionable. The woggeared payment and “the preposterous idea put forward by the King of Ash- antee,”’ it is remarked, ‘might lead hereafter to difficulties, unless the nature of the payment were Set forth in a true light.” FRAQTURING A SKULL. Herbert H. Huxlow, of 252 East Seventy-eight& street, sold a horse @ few days ago to Peter Mona- han, of Sixty-sixth street and Filth avenue, The beast, it is alleged, was not in as good condition as Haxlow represented, and Monahan, consequently, wished him to take the horse back. Huxlow re fused, but agreed to find a purchaser, and did so Monahan was, however, as Iittle pleased with this second bargain as he was with the first On Wednesday evening he went to Huxlow’s house, and, during a dispute which arose between them about the sale of the horse, Monahan, it {s alleged, threw a large stone at Huxlow, hitting him on the head and causing a fracture of the base of the skull, ‘The physician now in attendance thinks he will not {ico Coulter, wito focked. Monasan up vo await S20 , Who loct toa result of tho iniuries, om