The New York Herald Newspaper, June 20, 1873, Page 5

4 THE COURTS. Recollections of the Rebellion---Interest- ing Case Before Judge Barrett. THE CHICAGO FIRE. The Amsterdam Fire Insurance Company--- A Verdict Against the City. Putting a Mansard Roof on a House. The Hudson Street Homicide—Trial of Sharkey—The Defence To Be Opened To-Day. In the United States District Court, some time Bince, a cognovit was assented to by James Reid & Co. for the entry of a judgment against them for the sum of about seven thousand dollars, the value of a quantity of whiskey imported by them ‘en the ship Spanker. This whiscey had been pro- eeeded against on the ground that the entry of it bad been effected by fraud, A motion was made by Reid & Co. to set aside the cognovit, but Judge Blatchford denied it. An appeal was taken to the United States Circuit Court, and the resuitis an order of reference to Commissioner Osborne to ascertain whether, in fact, the entry was fraudu- dent. “A case was brought to trial yesterday before Budge Barrett, holding Supreme Court, Circuit, in which @ Northern man, who at the outbreak of the ‘war was engagea in business at Camden, Arkansas, pbtained a verdict of damages for $34,940 in gold, ®n account of the seizure and confiscation of his goods, This is rather a discouraging discount on early Southern patriotism, but it only proves the oid adage about chickens coming home to roost, ‘The Bowery National Bank made a jucky invest- ent when they bought the balance of a ciaim against the city for paving a portion of 128th Street. In the trial of the case yesterday, before Vadge Van Brunt, holding trial term of the Su- preme Court, a verdict for $22,958 63 was obtained against the city. REMINISCENCE OF THE REBEL- LION, Gow a Northerner Fared im Arkansas— Biding His Time and Turning the Table on His Persecutors. Notwithstanding the interval of years since the anfortunate unpleasantness between the North and South, culminating in the four years’ war of he rebellion, there are occasionally still brought 4nto Court suits reviving reminiscences of this painful period. Last in the list of these litiga- Gone prone nen vial bere =e one trica ote fore Ju jarrett, holding Supreme Court Oireuit. ‘The Ee eae, r FACTS OF THE CASE are emniemncet in.a nutshell. When the war broke out Mr. William W. Newman, of this city, was tarrying on business in Camden, Arkansas, Hardly had the echo of the assault on Fort Sumter dicd ‘away when, as he alleges, Mr. George H. Goddard and a party with him came into his store and took feed ‘of the mises and his stock of goods. remonstrated, but the oaly answer to his remon- strance was that $100,000 worth of arms belonging to Arkansas had been contiscated, that they un- @erstood perfectly weil what they were about, and that if he putany estimate on his life he had better keep quie! He says that Mr. Goddard, who was ‘the leader of the party, went farther than this, and took him by the coat collar, denounced him 28 @ Northern man, and told him that his only salva- tion would be to enlist in some military company And with them fight against the United States gov- ernment. The value of the goods taken, he says, ‘was $30,000, for which he had recovered judgment, but no money, against some of the other parties to the outrage. ‘The present suit was brought, not for the value of the goods, but for damages for the trespass, He placed these damages at $100,000, For the defence was set up a discharge in bank- ‘ , obtained in 1868. A motion was made jor a ict tor the delendant on this ground, but this Judge Barr denied, he holding that B discharge in ban’ ptcy could not affect a claim for liquidated damages for a trespass. In his CHARGE TO THE JURY Judge Barrett said that they were not to give the valne of the goods taken as part of the damages, though in fixing the damages they could take this into consideration; that they would deduct any amount which the plaintif® had already received from any. ony other party for the same offence, and that if they were satisfied a wanton outrage had been committed they might give exemplary dam- ages. D THE VERDICT. The jury were out but a few moments, having very speedily reached a harmonious conclusion. au found a-verdict for the plaintiff tor $34,940 in BUSINESS IN THE OTHER COURTS. SUPREME COURT—CHAMBERS. One of the Mementoes of the Chicago Fire. Before Judge Ingraham. Among the fire insurance companies. failing on account of the Chicago fire was the Amsterdam Fire Insurance Company, of this city, Mr. Bernard Dagserly wae appointed receiver of the company. A motion was made yesterday for a reference in the case. Mr. Casserly charges that, after the fire nd before the amount of the company’s losses «vas known, the directors transferred to the Home Insurance Company, in New Jersey, in favor of their own creditors, $40,000 for the reinsurance of $11,000,000 of their then outstanding risks, but ‘without ascertaining the real value of such rein- @uarance, which he claims was but $17,000, it was insisted on his behalf that the directors acted frauduiently, that they had no right to reinsure with a foreign company as they did, and that, therefore, they were personally llable. For the defence it was urged that they expected to replace the capital, and that they looked around, but could find no.other company except the Home Kpsurance Company of New Jersey that was will- {oe to take their reinsurance at the current rates. \was further aileged that this company took their risks with the agreement that an expert e@hould ascertain the real insurance value, that excess over that should be repaid, and that le the expert was making the examination the receiver took possession of the books and papers, After hearing the argument the Court took the papers, reserving its decision. Decisions, , _ In the Matter of the Washington Insurance Com- ‘pany.—Reterence ordered. Acker vs. Collins, Jr.—Motion granted. The Bast River yank va Lippy re alen a yy et al.—The same. \ Price vs. Vandeveer.—The saine, latter ie Commissioners of Park, &c.—Report confirmed. haf e lala Fogerty vs. Fogerty.—Keport confirmed and di- ‘vorce granted. Bruce va. Fuller et al.—Motion denied. vs. Rodgers.—Report confirmed and di- vores ited. vs. Loew—Reference ordered to Francis Scott. Mander et al. ve. Mander et al.—The motion to iseharge purchaser and repay the ten per cent im hands of referee granted. The residue asked for cannot be granted against the referee. SUPREME COURT—CIRCUIT. Verdict Against the City, Before Judge Van Brunt. Our poor bled municipality does not seem to be able to hold its own in recent suits brougnt against it. The latest suit in the list was one tried yester- day in this Court, in which the Bowery National Bank assignee of the Harmon Wood Payement Com- , obtained a verdict of $22,968 63 against the . The sum claimed wi butance alleged to be Cue for paving 128th street, between Second and Sixth avenues, The deience was that there was an Anjuaction restraining the city from collecting ai assessinents on account of this pavement; but it ‘was held that this was no defence, and that the peng rimarily ‘ible, must the full sma he clam. ne ad SUPERIOR COURT—SPECIAL TERM. Decisions. By Judge Monell. Paice ve. Jacks.—Motion denied, with costs, ite vs. Meaiio,—Case and amendments settled. Lediard vs, Willis.—Order granted, Pixley vs. The Thtrd Avenue Railroad Company.— Order on remittitur, ve, Peters et a—Order of refercnce NRW YORK) HERALD, PRIDAY. Farringston \arews.—Oraer granted, Simonson ve, Simonson.-Order granted. COURT OF COMMON PLEAS—SPECIAL TEAM. Decision. Judge Robinson. Krekeler vs. HikorseCase settled. KARINE COURT—PART 2 Patting a Mansard Roof Betore Judge Spaulding. Richard C. Jones vs. Fotio Lombardo,—The de- fendant is the owner of the houses 50 and 52 West Twenty-sixth street and No, 7 East Thirty-first street. In May, 1872, wishing to make certain alter- ations and repairs, including the raising of the buildings one story, putting on Mangard roots and altering the arrangement of the houses on the in- side to some extent, he employed the plaintiff, an architect, to prepare plans for doing the work, In pursuance of that application an ment was entered into between them by which the plaintim agreed to draw plans and give the necessal architectural superintendence while the wor! was in progners for $275. Plaintia alleges that he prepa: the plans and specifications ana continued rintend the work as architect until the 17th of July, when the defendant, becom- ing dissatisfied with the contractor who charge of the construction of the werk, discharged mm and Fequested plaintiff to take general cba: or the business, employ and pay the men, purchase the matertal, &c., in addition to bis architectural superintendence of the Sark end plaintit purges that from the 17th of July spent nearly the whole of his time in superintending this work, until the 30th of November, when the houses in Twenty.sixth street were comp ‘and the work upon the huuse in ‘Thirty first street was so nearly finished that the defendant miormed the plaintiit he had no jurther occasion for his services, as the work could be completed under his own supervis- tharged $6 aday forthe 118-deys: during Which he charged $6 a for the jeys, dar! had ‘Starge ‘of the construction of the work, in ad- dition to his bill for services #3 architect. The defendant admits the original contract, but denies that he ever employed the plaintif in any other capacity than as architect, and ziso claims that the work was negligently and improperly performed under the superintendence of the plaintiff. Sev- eri ‘chitects and builders testified that the plain- tiff stood in the first rank as an architect and builder; that the work was well done in every respect, and the price charged was reasonabie. The jury returned a verdict tor the plaintif for the tull amount claimed, COURT OF GENERAL SESSIONS. The Hudson Street Homicide—Trial of William J. Sharkey for Shooting Rob- ert Dunn—Opening of Assistant District Attorney Russell—Testimony for the Prosecution—The Defence To Be Opened This Morning. ‘The trial of William J. Sharkey, charged with the murder of Robert Dunn in Hudson street on the 1st of September last, was continued yesterday in the General Sessions, his Honor Recorder Hackett pre- siding. After the transaction of some preliminary business Assistant Distrigt Attorney Horace Rus. sell proceeded to open the case for the people, nar- rating the circumstances attending the shooting in the saloon, which he expected to prove by the wit- nesses who would be examined. In the course of his remarks Mr. Russell said that Sharkey’a slang and his reckless conduct in the saloon on the night of the shooting were similar to the conduct of frontiersmen, who were now poetically called the Argonauts of ’49. The court room was crowded, by the friends of tae respective parties. The first witness called for the people was Jacob Phillips. He testified that on the day of the shoot- ing he went to a funeral with both Bob Dunn and Sharkey; the former was somewhat better dressed than usual, which brought forth remarks {rom Sharkey, during which he stated Dunn owed him some money; when we came {rom the funeral 1 went to the saloon in Hudson street known as “The Place ;” Sharkey was there, and the subject of Dunn being unusually well dressed was renewed, and Sharkey said, “I'll bet that Dunn don’t show up to-night;’’ some time after this Dunn caine in, and he and Sharkey got into conversation, when the latter accused the foemer with owing him =$600; Dunn teplies by palling: him a liar, and said if e did owe im any money he could not pay him then; the con- versation lasted some time, during which Sharkey called the deceased names of the most filthy character, and said, “Get behind the bar, I am tixed; I play cards, and am daddy of the game ;”” Dunn replied that he did not want to fight, and moved towards the door and tried to get out, Sharkey keeping him covered all the time; at last, Sharkey said, ‘Bob, there was a time 1 would lay this hand on a butcher’s biock for your sake and would have given you money as I'would to a beg- gar;”’ Dunn again made an endeavor to get away, but Sharkey still kept him covered, and, resting the pistol on his leit arm, he fired on the deceased, and at once turned to mé and said, “Bob, I did net mean to do that; 1 did not mean to kill you, Bob Dunn; it was an accident;” he (Sharkey) then went out, and I remained with the deceased, whose clothing I cut witn a knile, and found out where the wound was; finding he was dying, | went out to get assistance, Henry Kline, who had been kept im the House of Detention, was the next witness. He said he had been barkeeper at Mr. Harvey's saloon, 288 Hudson street, from April to September; had known Shar- key and Dunn about four months; Dunn visited the saioon almost every night and Sharkey about three times a Week; Witness was preseat on the night of the shooting, which was Sunday, the Ist of Septem- ber; he stated thaton a weekevening about a couple of weeks before the occurrence Sharkey and three or four men were conversing (Dunn was not there) when he (the witness) heard somebody say, “Dunn would eat Sharkey up,” whereupon Sharkey Té@plied, “He will, eh! 1 wil send him home ona chip.” The witness then proceeded to narrate the occurrences of the Sunday night in the barroom. got there when the bells were ri for church and found Sherkey, Betts an rvey there; Sharkey said that Dunn came to him and said he had pawned his ‘Wwife’s ear! and that he would like to get some money to redeem them; he did not like to go bome without them; while they were talking Dunn came in; previous to Dunn’s coming in Snarkey said to Harvey, ‘‘l’ll bet you a bottle of wine Bob won’t show up here to night;” Harvey replied, “{ gueas he will,” and while they were talking Dunn and Phillip’ came in; Sharkey and Dun greeted each other, the former saying, “Bob, I will take a drink with you;’’ they drank, und, while swinging his umbrella, Sharkey knocked off Dunn’s hat; he re- minded him that it was a new one, and he (Sharkey) eeey te: while they were standing at tae end of the bar Sharkey said to Dunn, “Don’t you owe me $500?” he said, “No, I don’t, amd if you Say so you lie;” Sharkey said “wet vehind there and fix yourself; there is only three feet be- hind me; have you a pistol?” at the same time pull- ing a pistol out of his pocket; Dunn said he never carried any. (The witness identified a pistol which was shown him as the one which Sharkey had.) Sharkey asked Phillips and the others if they had a pistol, and they said they had not; the witness ot very nervous then, went outside, got behind Sharkey, when he said, “I don’t want any of your tricks around me; the witness then went outside and told Harvey something and returned in three or iour minutes; Dunn had changed his position from the upper to the lower end of the bar and Sharkey backed up towards the middle door that leads into the hall. [A diagram of the barroom was handed to the witness and he described the po- sition in which the parties stood ; Sharkey elbowed the door that leads into the hall and shut it. Sharkey called Dunn a@ plinp, a bastard and other vile names ; before the shooting Sharkey said he had seen the time when he would go intoa butcher’s shop and have his right hand cut off for him; “Yes,” said be, “I would put my hand in my pocket and hand you out money the same as [ would to a beggar or # bootblack;” Sharkey had his pistol in his hand, and was then near the front of the bar, and Dunn stood at the lower end; he held the pistol over lus arm, and the witness thought he raised it up and down three times, hold- ing it in his right hand; Sharkey said again, “I have seen the time, you son of a h—h, I would go into a butcher’s shop and have this hand cut of for you,” using bis hand, and then the pistel exploded; iamesiataly alterwards Sharkey exclaimed, “Oh, Bob, I did not mean to do that;’? when the witness got around to where Dunn was Sharkey had gone; Dunn’s ciotiies were cut open; he died in from five to eight minutes after he was shot; he was dead beiore tne doctor got there; the wound was in the breast; Dunn did not use any vuigar language to Snarkey beiore the shooting; he only said to him about the money, “You lie ;” the oniy words Seine by Dunn aiter the pistol went off were, “Oh! oh!’ the witness noticed that Dunn was very pale after Sharkey had been talking to him for a few minutes. The witness was cross-examined by Mr. Beach at great length, and said that he had to give up the peay, and the theatrical profession vecause Le ul a Very poor memory; Kline said that Sharkey and Dunn had been good friends up to the time of the shooting. John D. Betts, who was present in the barroom during the occurrence, detailed it at great length, and in the main corroborated Kline’s testimony about what occurred up to the time of the explo- sion of the pistol sharkeyibecame excited, and, drawing out his pistol, bantered Dunn to fight with pees he said, “Fix yourself; or are you fixed? unn said he had no pistol, and Sharkey suggested that he should get one from some of his friends; Dunn made no reply ; Sharkey called his attention 4 to his pistol being cocked, that it was hair trig- ge wonld go off very easy; Dunn sald, “Put that up; 1 don’t fight, especial those; Tam no fightin, Dunn to get a pistol and stand beeing the counter while ne was in front of it, aud said, is only couple of feet tween us; who is the best man? I am jaying cards all the time ‘and make it good; I #m king of them al;” Dunn moved his ition towards the side soa Sharkey backed if between the door aud shoved the door, closing 1t; Dyan's JUNE 20. 1873.-TRIPLE SHEET. arm rested on the count and Shaxher advanced Within three or four mer him, calling him a thie! and’ son ofa b—b, he had seen the time when he would have gone into a butcher's and laid his hand on the block and cut it off for ; Sharkey laid his hand on the counter to illustrate the remark, and the witness could see the pyied es Lyd gving, ig two or times, and then the pistol explode ‘This witness was gross-examined by Mr. Brooke, who called his attention to discrepancies between his statements before the Coroner and his testi- mony on the trial, William McClary was called and examined by District Attorney Phelps. He sas he formerly re- sided in the Eighth ward and knew Sharkey and Dunn; was at the funeral on the of the occur- rence, but positively denied seeing Dunn and Sharkey ther, not long before his death, in Hudson or Greenwich street, when something was said about shooting Dunn. MoClary denied with equal emphasis that he ever told anybody of such an occurrence. This Witness was soon dismissed from the stand, Dr. Marsh, who made the post-mortem examina- tion of the body of Dunn, not being present, his Peposiien was read by consent. The Doctor said before the Coroner that a conical bullet was found imbedded in the left side of the diaphragm, and that Dunn’s death resulted from internal hemorrage, produced by @ pistol shot wound. The pistol was admitted in evidence. cution rested their case. Mr. Brooke will open the defence this morning. Larcenices. , Charles Murray, charged with stealing from the person of James Gandolfo, on the 11th inst, $3 25 in money, pleaded guilty to an attempt at grand larceny. John Burns, who was indicted for stealing cloth- ing valued at $50, the property of Sarah E. Wright, also pleaded guilty to a similar grade of larceny. Murray and Burns were eacn sent to the State Prison for two years and six months. Assistant District Attorney Horace Russell moved that Francisco Martin, who wag indicted for an assault with intent to kill his wife, be dis- charged upon his own recognizance, He {nformed His Honor that the only witness against Martin was his wile, who refused to testify against him, and without whose testimony he could not be convicted, Satisfactory prool was also adduced that Martin must have been insane at the time/he assaulted his wife and that a large number of his The prose- THE DUFFY HOMICIDE. The Coroner’s Inquest—Appearance and Bear- ing of the Prisoner—Committed to the Tombs to Await the Action of the Grand Jury. An inquest was held yesterday in the case of John Duffy, who was killea by Edward Kurtiand, on Sunday night, in a low drinking saloon at the corner of Goerck and Houston streets. The pris- oner was brought in in custody of an officer and took his seat beside Mr. Abe Hummel, who, with Mr. Howe, appears as his counsel. He is a very handsome fellow, with a high, broad forehead, clear blue eye, and fresh complexion, THR EVIDENCE in the case will be found below :— Catharine Duffy testified that she lived 611 Fif- teenth street, and was the wife of deceased ; he lett home at half-past one on Sunday last; looked for him all day long, but he did not come back; I went out and inquired for him, but could see nothing of him; late last night I heard that there haa been a row down town; Icame down and found my hus- ‘band dead in the station house. Patrick Hughes sworn—I reside corner of Goerck and Houston streets; Kept the saloon in which the stabbing occurred; Duffy and a companion came inte the saloon on Sunday night and had three or four glasses of ale; a man named Pete and Duty were growling; I don’t know what it was about; I TEen ee _ saw San ne thetr coats Cn hem, an rsuade to put on his cont then he called br VAL OE ANOTHER ROUND OF ALB; Igave it to him on condition that he would fo home; while the row was going on Kurtland, the prisoner, and a y. pag man named Smith came in nd had two mugs of ale; while 1 was drawing the last glass of ale Pete and Duy were quarralling; they called jor more ale, and, while I was drawing ct looked around ana saw butty and the prisoner with both hands up as if they were fighting; family bad died of insanity, His friends were about to take him out of the country. The Re- corder granted the motion. COURT CALENOARS—THIS DAY, SUPREME Count —Ciour—Part 1—Held by Judge Barrett—Sh@t Causes.—Nos. 2505, 1825, 1369, 41534, 1165, 1493, 1677, 1773, 1 2073, 2099, 2155, 2281, 2293, 2405, 1305, 1337, 1341, 1351, 1357, 1867, 1415, 1483, 1616, 1620, 1871, 1655, 1721, 1801, 1807, 1845, 1801, 1893. 1959, 1973, 2137.,2183, 2191, 2201, 2221, 2299, 230%, 2327, 2383, 2399, 2430, 2435, 2451, 2459, 2 2467, 2469, 2479, 2487, 2401, 2511, 2613, 2523, 2531, 2539, 2553, 2569, 2573, 2577, 2581, 2689, 2593, 2599, 2601, 2608, 2605, 2607, 2651, 2661, 2669, 2681, 2691, 260% 2717, 2725, 2741, 2718, 2743, 9745, 2747, Part 2—Hel by judge Van Brunt—Short Causes,—Nos, 1334, 1886, 1838, 1840, 1234, 1364, 1526, 1980, 1996, 2574, 97034, nee, 1856 6h 1424, 1766, 1772, '1982,' 2022, 2058, BEd i, is, i, 2862, 2568, 2586, 2590, SUPREME CouRT—CHAMBERS—Held by Judge In- graham.—Nos. 39, 40, 41, 42, 45, 46, 101, 126, 136, 140, 154, 168, 176, 180, Call’ 183. SuPERIOR CouRT—TriAL TERM—Part 1—Held by Judge Sedgwick.—Nos. 2087, 1231, 45, 1898, 361, 407, 2018, 685, a2t5, 2169, 181, 2029, 2259, '2037, 1043, Part 2 eld by Judge Barbour.—Same calendar as yesterday. Court oF COMMON PLEAS—TRIAL TERM—Part 1— , 8284, 8328, 3545, 8345, 8843, '3153, 8060,’ 1511, 3229, 2074, 2825, 2886, 2660, 2630, 2702, 3258, 276236, 3241, 3236, 3328, Part 2—Held by Judge Loew.—One hour causes.—Nos. 3197, 3178, 2970, 3183, 2782, 2502, 3254, 3264, 3271, 9232, 1752, ' 3165, 3372, 3332, 3347, 3855, S508, 5580, 8394, 3863, 3378, 3251, 8842, 8202, 2887, Marine CouRT—TriaL TERM.—Part 1—Held by Judge Howland.—Nos. 1606, 696, 2420, 1287, 1844, 2740, 1878, 2350, 2684, 2200, 2352, a6, S14, 1868, 2748, 1459. Part 2—Held by Judge Spaulding. Nos. 2438, 2 1567, 2447, 2449, 2451, tok 2457, 2459, 2461, 2465, 2407, Part 3— Held by Judge Curtis.—Nos. 2292, 1834, 233% aie 3 2116, 11%, 2190, 1438, 212, 2510, "2166," 474," 1450, 2745, 2176. BROOKLYN COURTS. COUNTY COUR Fanny Hyde’s Bail. Before Judge Moore, Judge Moore yesterday rendered his decision in the matter of the motion made to remit the for- feiture of the bail of Fanny Hyde, the alleged mur- deress of George W. Watson. It may be remem- bered that when the prisoner was called for trial @ second time she failed to appear, and her recog- nizance was forfeited, Sie was subsequently arrested and is now in jail awaiting trial. ju Moore’s decision is, “On peices of $70, which was necessarily expended by the county in procuring the arrest and return to this county of the prisoner. and on complying with such order as may be poe yee Copan City Court with regard to costs, an order may be entered remitting the for- feiture of the recognizance.” It is impossible to state when Mrs. Fanny Hyde's second trial will take place, as no day has yet been assigned, SURROGATE’S COURT. Eleanor Croes’ Will—A Favored Daugh- ter. Before Surrogate Veeder. The Surrogate has been for some time hearing the contest of the will of Eleanor V. M. Croes, and yesterday rendered a decision admitung the will to probate. In announcing the decision, the Sur- rogate made the following comprehensive and in- teresting statement of the case:— The testatrix was an old lady and for many years had been confined to the house, or at least seldom went out. Her constant companion and attendant was her daughter Anna, the legatee under the will offered for probate. Ayreat amount of testimony has been taken, bat tue counsel on their argument have narrowed the case down to the simple ques- tion—Had the testatrix testamentary capacity at the time she made this will? The witnesses to the will, Messrs, Williams and Wardell, who also drew the will, are positive in their assertion that Mrs. Croes, when she executed the will, was pos- sessed of a@ cpmpetent and rational mind. She gave them the instrictiuns how she wished the will drawn, and from the evidence of these per- sons it appears she comprehended the act she was engaged in. That the testatrix was partial, and OMITTED PROPER OBJECTS OF HER BOUNTY from the provisions of her will may be true, yet this is not of itself evidence of an irrational mind, or sufficient reason why we should refuse probate of such a will We not knowll the circum- stances which governed her in thus prete one Gaughcer to the exclusion of all the other children. The Fer opponent is well situated, and was not in need of her mother’s assistance ; besides a coldness had sprang up between them, and for a long time she had not visited her mother. The amount of the property is not large, and Mrs. Croes did not censider it ofas great value as ft is now believed tobe. Anna merited the preference her mother has stiown her, for she has SERVED HER MOTHER CONSTANTLY ithfully for many years. She set her face —_s jt all opportunities for her own personal lap- piness and devoted her life to her mother, True the testatrix was a very singular person and much of her conduct and many oi her habits are such as ‘we observe in persons of weak or disordered minds. IT cannot but oelicve she was on the subject of religion very eccentric; on the main question which we only dare to consider, I believe she was possessed of sufil- cient intelligence to devise her property. She has done nothing unnataral in making this will. She has provided for her best friends, for her supporter and eomforter in those many, many years o/ trial and suffering through which she passed. The chief objector had treated her as a rational being, had held her responsible for her debts, had accepted her power of attorney and conveyed away onder this Pola @ portion of her property. He had prepared and caused to be executed a jormer will, which he tells us was only done to secure an equal distribution, Where was the necessity for any wiil to make equal distribution? Does not the law in case of intestacy distribute equally the effects of the intestate? The testimony of the medical experts called by the contestants is pased upon a hypothesis which the aad in the case does not establish. The case is by no means free from doubt. Mrs. Croes was VERY PREBLE-MINDED and took no part in or even charge of the ordinary affairs of life; she was treated and by ail her family considered a person requiring attention and ad- vice. She was in that condition, mentally and physically, that made it easy for any one so dis- posed to influence her; out no such question is raised in this case. However, I believe that testa- trix, when she executed this will, comprehended its provisions, and that her then mental condition ‘warrants us in considering it as her rational act, Probate of this will must therefore be made. The amount involved is about twenty thousand doilars, A Will Rejected. John Madden contested his father’s will on the ground that the old gentleman was incompetent to make a will when he executed the instrument. The case has been pending over a year. Yesterday the Surrogate decided in favor of the contestant and declared the will null and void. The tescator’s er valued at about thirty-five thousand ollar: COMMISSION OF APPEALS CALENDAR. ALBANY, N. Y., Jane 19, 1873, The following is the calendar of the Commission of Appeals for Friday: 1834, 2644, 49, 107, 100, 102, 112, 113, 114.’ The Vourt yurned until to-morrow at ten A. M, they both seemed to be striking at the same time} I wanted to get the row stopped, and, coming out from ind the bar, saw biood coming out of Dui east; at the same time the prisoner ran out from behind the screen and out of the house; did not see any weapon and there was no weapon. found in the house. Michael O'Brien sworn—I reside at@ss East Hous- ton street; 1 am blacksmith; 1 met Pete and Dufty on the corner of East Houston street and Lewis stree* on Sunday evening; Duffy said to me, “Come and have a glass of ale;” I said ‘1 did not mind ;” went to the corner of Fourth street and Lewis and stopped nearly an hour drinking ale; Duffy said, when we came out of there, “Come down to Patrick Hughes’ and let us have a drink there ;” we drank three glasses of ale; while we were drinking DUFFY AND PETE COMMENCED TO QUARREL, and Duffy pulled off his coat and insisted on fight- ing; the row was quieted, and they commenced to drink again; Duffy called for more ale, but Hughes refused to give it to him; Idid not drink any more; Duffy pulled off his coat again, and Pete sald, “I believe you want to make me fight;” at the same time some one came out from behind the screen and commenced to scuttle with Dutty; they had three or four rounds of scumMing; I did not see them strike each other; I saw the man run towards Du j Duity said, “What have you got to do with this}? the man rushea up towards him and they commenced to go for each othe: he man came near enough for Duffy to hit him; the fight did not last half a minute until the young man ran out; I did not interfere to stop the fighting; I did not see the man who struck Duffy, as his back was towards me; I did not see anything in his hand; could not say what Pete was doing at the time. Edward McCullough sworn—Came down from Troy on Bemnnaay, night; was in the barroom at the weathe! of the streets and places were (ay le juddied together in large numbers. The remedy every one should look to for himself. The health authorities will try to pay the other—cleanliness in the purlieus—a cer- Lp The Quarantine authorities are also wide awake, aud every care taken to prevent any in- fected vessel getting it the upper quarantine without being thoroughly overhauled and disin- fected. On the whole, there 1s no need of anybody getting scared about the cholera asyet, So long as excesses in eating and drinking are avoided and cleanliness is preserved all round, even over timid people, to whom the mere mention of the word cholera acts as a physic, may go through the Sum- mer in @ happy frame of mind. GOOD NEWS FOR WORKINGMEN, ae A Delegation of Reformers Visit the Department of Parks d Obtain Em- ployment for Eight Hundred Men—The Department of Finance Censured for the Present Stoppage of Employment of Laborers—A More Liberal Expendi- tare on Public Works Urged. In accordance with a resolution passed by the Reform Association at its adjourned meeting on Monday night a representative of this association from each Assembly district, together with a num- ber of other reformers and a delegation of working- men, numbering nearly one hundred, met At the Everett House yesterday morning, about half-past nine o'clock, and proceeded to the Department of Public Parka, on the other side of Union square, to lay before the Department the necessity of employ- ing the laborers who had been recently discharged, Dow that the State Legislature had granted the appropriation, Mr. John Foley, as chairman of the Reform Association, read the following address to the President of the Park Commission, Mr, Steb- bins:— Mr, President Srannms and Comaissrowens :— We appear before you, delegated by the Reform Asso- ciation of this city, to obtain intormation in reterence to the Department of Public Parks. We have been directed to make this Inquiry in farther- ance of what our association considers to be the proper exercise and discharge of the powers and duties which by law have been conferred upon fae Department. ‘An important part of the public works of the city ave been comimitted to your care and management, Until tly these works progressed witn vigor and with that well-known economy which has characterized the action of the Department since it has been presided over by you, Mr. President. Suddenly these works were stopped, and hundreds of workinen employed upon them discharged, to the great injury and detriment of these ten, many of whom have suffered soverely in conse- querice, and causing injury to the city by retarding neces- sury Amiprovements impertively demanded. Of this injury the workmen, through their representa. tives who accompany us and are now present, most justly, wo think, complain, and we, fir, the members of the form Association, compla: 8 taxpayers, thatthe workmen should be so’ treated ayd that the public im- provements should be delayed. There has unfortunately arisen within the past two ars a spirit of pofeimony, and retrogression altogether inconsistent with the truce interests of a great and crow: ing city like ours. Every practical political economist has felt the necessity of ‘providing employment tor the masses of the laboring population as one of the first essentials of good government. In this city we are tor- tunately a ition to employ labor liberally to the immediate and permanent advantage of the taxpayers. Labor is nota burthen upon us, for, with the magnificent future of this, the Fmpire gig every public improve- fentold cost. ension of the works un- been stated, and upon h to be the fact, that the suspension of the works has been caused and the work- men have been discharged on account of # tailure to {apes the means necessary to carry the works torward. ut, sir. why this fafluret It is so much wet variance with what the public have been led to look for from this Department at they are at a loss to understand it. It is, we think, no satisfactory answer that the bill pre- sented to the last seasion of the Legislature for authority to raise the nect iry funds was defeated in the form in which it was originally presented on account of the dis- cretionary power which it was proposed to vest in the Comptroller, powers virtually miaking the progress of the works to depend upon his consent. ‘a bill in its conception and design was one which corner of Goerck and Houston streets when the deceased and two other men came in; Duffy and the one they called PETE KEPT FIGHTING and talking together; they finally pulled off their coats; they did not fight, but kept wrangling; then the prisoner and another man came in and called for drinks; just as they came in Dufty called out in ‘@ loud voice to Pete to come on and he would give him as much fight as he wanted; the prisoner said to Dufy, “Shut up, and keep quiet on a Sunday night; Daffy then drew out and struck the pris- oner, saying to him, reg want to interfere [ will fight you;” as he did so Duffy stepped back in @ fighting attitude; with that the prisoner made a spring at him and struck him and in- stantly ran out of the side door; Duffy came up to the bar ain, and Hughes said, “You are stabbed ;”’ Duity said, “No, Tam not;’ I said, “Yes, fou are, as 1 see the blood gushing from your reast;’’ he looked down and said “Yes, lam stabbed; I am a done ‘man;” and he then latd down at the door; he did not speak again; 1 went in search of a policeman; when I came back the man was dead; did not see any weapon in any one’s hand, PETE’S STORY. Peter Dornan, sworn—I reside at 514 East Elev- enth street; on Sunday aiternoon Duffy came to my house and wanted me to come and :ake a walk: Dutty had a triend down in Goerck street, and he wanted me to go down and see a friend; on the corner of Houston and Lewis streets met Michael O’Brien; we took a dr.nk in a saloon av the corner of Fourth and Lewis streets, and then we went to Hughes’ and had some more drinks; we got talking then, and were going te fight; the fight was stopped; ager a little while he said, “Fight me if you think you are a better man;” I was about to fight, when the prisoner came in and said somethin; to Duffy; Duffy stepped back and said, ‘Wha ig it your business, and then he struck him; the young man staggered back; he came forward and ane again; the next thing! heard was the rtender saying, “Duffy, you are stabbed;” Duffy looked down, and said, “Yes, I am done for,” and then he dropped. y CHARLES O'CONOR, an officer of/the Eleventh precinct, detailed that on the mor! ing of the 11th he was sent to look fom the prisoner; 1 found him sitting in a Second ave- nue car on Second avenue, near Sixtieth street; when I went on board tne car 1 sai to Kurtland, ‘You are my __ prisoner;’’ he said “Ail right, Charley; I put the nippers on, and I asked him where the knife was he did the stabbing with; he said what he had done he had done in seli-defence; he said he had thrown the knife in an ash burrel on Lewis street; the knife was found there. THE VERDICT. The jury found that “Jonn Duffy came to his death by @ stab wound at the hands of Edward Kartiand, on the 15th day of June, 1873, at the cor- ner of Goerck and Houston streets.” The prisoner was then committed to the Tombs by Coroner Keenan to await the action of the Grand Jury. THE CHOLERA QUESTION. The Board of Health Ready a: Pre- pared for the Worst—No Cause for Ap- prehenslon—News for Timid People. The health authorities are apparently in no way frightened at the reports that come so thick and fast from Nashville, Memphis, and even Cincinnati, about the prevalence of cholera there. They, more- over, put very littie faith in the assertions made by medical authorities in one of those cities that the disease which has been making such ravages and creating such a panic among timid peopie thereabouts is Asiatic cholera. The new Sanitary Superintendent, with whom a H&RALD commis- sioner yesterday had hort conversation about the much-taiked-of approach of Yellow Jack and the cholera, states that there 18 no occasion at present jor any alarm in this city. Everything, he says, 18 being done that can be done to make the city proof against the ravages of any contagious disease. Although the Health Board had not as yet placed the railroad lines leading into the city into quarantine, so to speak, yet if any real neces- sity lor it @ apparent they would not hesi- tate to take such effective measures as would pre- vent any TRAIN FROM ANY INFECTED QUARTER coming within the city limits before undergoing the most rigid sanitary scrutiny. Police President Smith also states that, so far as he knows, there is no good cause for alarm concerning the advent of the cholera. However, he says that whenever the Board of Health sees fit to call upon tne police for the enforcement of any order, no matter how severe, looking to the salety of the city in a sani- tary point of view, the Police Department will second them unhesitatingly in their efforts. He adds, and joins with tne Sanitary Superintendent in stating, that, in the opinion of ‘cholera ex- ye the Board of Health is now doing the very est possible thing to prevent cholera getting a foothold in the city, and that isby UPROOTING EVERY DISEASE BREEDER of a cellar or basement and thoroughly destroying cesspools and piles of filth which poison the atinos- here and render health in their neighbor- ood an impossibility. The Board are determined, the Sanitary Superintendent says, to leave nothing undone to clean the city perfectly, and while the; will disinfect the down town quarters, whici breed disease every Summer, they will not neglect any place up town In better portions of the city, where landlords and tenants are neglectful of their own chances of health and those of the neigh- bors. It maybe here mentioned that the health authorities do not believe that the city is in any DANGER OF CHOLERA called Asiasti¢. They assert that every year there are always a certain number—sometimes large and sometti small—o! s0-called cholera cases in this city, whi0& would pass unnoticed if not for the scare and panics raised in other cities the mo- ment & few (tal cases of what ts called cholera are announced, ‘They do not believe that there his been a single case of Asiastic cholera in the city for years and that the cholcra cases we hear 80 much of every year are simply sporadic tn their na- ture—in fact ated cases of cholera morbus. ‘These cases come not so much from the imported article as from the CARELESS ead dieting of many WAY OF LIVING People during the sultry fr ought to have been defeated. fo executive department of this government should be made subservient to the head of another departinent, mare especially to the present head of the Finance De- artnent Phis the Legislature very properly rebuked by reject- ing the bill in which it was intended to have it applied to the Department of Parks. Now that an amended bill has become a law, no time, we trust, will be lost in repairing the: injury which has been cutised by she suspension of the works ‘With the prosecution of these works, when, how or in what manner they should be proceeded with, the Comp- troller has no concern and should not be permitted to in- terfere, It is the province of this Department alone to actin the matter; the public look for and demand such action. Not a day longer than Is absolutely necessary should these men be kept from their work. Good government anda reform administration insist upon this. Retorm mustcarry forward our public works until completed. If there Is any obstacle still in the way to prevent the in- mediate employment of these men upon the suspended works we desire to know it, so that the necessary action may be taken by us to remove all such obstacles. The reading of this address was interrupted by a Mr. Griffin, a clerk in the Department of Finance, in the Bureau of Arrears, and by a Mr. James O’Retily. Theirinterruptions were not regarded, and at the close of the reading of the address Com- missioner Stebbins sald that the delay in the Legisiature in giving the needfal appropriation Was caused by circumstances over which he had no control. 1 certainiy was no fault of the Park Department that the workingmen haa been dis- charged, He believed that in twenty-four hours arrangements would be made, at the Department of Finance, which would enabie all the men pre- viously employed to be set to work. ‘The delega- tion, which included Samuel D. Seward, Judge Welsh, George Devling, Jacob Scheenhof, Robert B. Roosevelt, Aldermen Martin and Geis, RK. W. ‘vownsend, T. O'Gara, J. D. Whiliamson, Edward Burke, W. D. Grenaede, Dr. Sheppard and many others of the Reform Association, thanked Com- missioner Stebbins for his courtesy and expressed themselves greatly satisfied with the result of their Visit. LITERARY CHIT CHAT. TWo NEW BOOKS On that prolific State, California, are soon to Issue Jrom the press of A. L. Bancroft &Co, One is by Colonel Albert 8, Evans, whose work on Mexico (the Seward tour) was printed two years ago. The other is more local in its scope, and is entitled ‘Men and Memories of San Francisco in the Spring of '50.” By T. A. Barry and B. A. Patten, AND NOW THE STOVE TRADE has its journal, a monthly magazine, published at Albany, and de- voted exclusively to the warm advocacy of the burning interests of stove manufacturers. The first number is just out, It might have appeared more seasonabiy in January than in Jane. THE SUMMER SEASON 1s full of Summer guide books, Appleton’s “Northern and Eastern Tour,” Sweetser’s “New England, a Handbook for Travellers,” Dutton’s ‘‘Atiantic Coast Guide,” Thaxter’s and Jenness’ “Isles of Shoals,” De Costa’s “Lake George,” Hurd & Houghton’s “Satchel Guide to Europe,” Eastman’s “White Mountain Guide,” Morfora’s “Short Trip Guides to Europe and to America,” Harper's “Handbook for Travellers in Europe,” and other new books and new editions for the voyager and seaside loiterer are on the counters Of all the book stores, Tux EIGHTEENTH QUARTO volume of Smithsonian Contributions to Knowledge is just published, and contains elaborate tables of the rain and snow fall in the United States and adjacent countries ; terres- trial magnetism and compass deviations, as ov- served on steamer Monadnock from Philadelphia to San Francisco, and @ memoir on the secular varia- tions of the orbits of the eight planets. ‘THE LATBST WORK Of that popular scientist, Elis¢e Reclus, ts on ‘Terrestrial Phenomena and Meteors.'; Ithas not yet been translated. Tue kDITOR OF THE “Pubiisher’s Weekly,” the indefatigable F. Leypoldt, of New York, will issue a complete coliection of publisher's “Trade Lists,’ or priced catalogues of American publications now in print, in one volume, if sufficient subscriptions are sent in. AMONG NOTABLE WORKS On the local topography of the country 18 @ new county atlas of West Vir- gina, published by M. Wood White, Grafton, W. Va. THE FOURTH VOLUME of Maxime Du Camp’s “Paris, ite Institutions, its Functions and its Life inthe Second Half of the Nineteenth Century,’ contains notable accounts of beggary, public charities, hospitals, foundiings, &c., iu the French metropoils. PUBLISHERS ARB TAKING to the lecture plat orm. Mr. James T. Fields has made a reputation by his “Yesterdays with Authors,’’ and now Mr. Gill, of the Boston firm of Shepard & Gill, will lecture wherever wanted on Edgar A. Poe and Mark Twain, illustrated by readings from the works of each. Mns. HeLen Hust has gone to Colorado, accom- panied by Mrs. Curtis Guild, whose husband's “Over the Ocean” is the best Look of late years on Europe, We shall next have “Bits of Travel at Home” from the sparkitng pen of “H, H,’? Tue Pall Matt Gazette ridicules the “sudden fit of woderation and good manners” which has come over the radical French press since MacMahon came to power. The journals whose normal pitch was ahowi have become suddenly soft as milk. “They koo-too to the great soldier who has their destinies in his keeping; they exhort one another to be cali, and they night be read with edifica- ion pious household addicted to wholesome | though not heavy reading.” i 5 OUR DILAPIDATED DOCKS.’ —__-——— The Present Condition of the Department of Docks—What the New Commissioners Pro- pose To Do and What They Are Trying to Understand. Since the new Commiastoners of the Department of Docks took possession of the functions and appurtenances of they positions given them by the benevolent Mayor of the city of New York, the public have begun,to feel anxious about the much talked-of and much vaunted plans for improving the wharfage of the city, which at one time during the administration of their predecessors were the foundations of glowing hopes that something waa about to be done worthy of @ great municipality as one of the three or four chief commercial centrea of the world, The dilapidated and rotten condition of the docks, piers and bulkheads that belt the island has long been a paipable and most offensive evil, To commerce it has been the cause of great Joss and inconvenience, and has made this harbor far less attractive to shippers than it should be, when it is considered that in NATURAL ADVANTAGES it has no equal on the face of the globe. The un- dredged slips, receptacles of the city’s sewers, which empty the worst kinds of filth under tne very noses of the multitude of human beings whose business compels them to pass in their vicinity during part ot every ¢ay, have been in every year past among the most dreadful breeding places 0 infection, Thousands of people crossing on the ferries, landing trom the steamers which moor at the wharves, or walking and riding along the streets which border them, are victims of this DANGEROUS CURSE. The warm breezes of Summer, blowing either way from the waters of the two rivers through the most thickly populated portions of the city, carry on their wings the atoms of the fearful miasma, which they sow broadcast among the living, whe shortly, however, by its sickening power, are per haps to be placed among the dead. A walk along West street and Eleventh avenue, on the west side of the island of Manhattan, and South street, on the east side, will at certain hours of the day strongly impress upon any one a de cided repugnance for the atmosphere of those lo calities, Observation will divulge also the fact that the piers all along the water front are in need, of repairs; in only a few places are workmen actively engaged on them, and at some points the timbers and piles have sunk into the water and there remain untouched as monuments of the shame of ‘A NERVELESS MUNICIPAL MANAGEMENT. The new Board of Commissioners of Docks have Not been long enough in ofice to make themselves liable to any charge of Jistlessness or indolence with regard to their duties; but they find tnem- selves confronted by all the evila which grew out of the mixed and confused state of affairs that ex. isted in the Department at the close of the reign of the old Board. ‘The dificulty which the latter had with the Comptroiler was the excuse offered at that time for the suspension of all progress operations. The new Commissioners now profes @ strong desire to be in complete harmony with the Comptrolier, and disclaim any intention of quib- bling about trivial questions of “red-tapeism.’’ A reporter of the HERALD called at the rooms of the department yesterday afternoon and had a conversation with PRESIDENT WESTERVELT, ‘who was seated at his desk overiooking the work of his subordinates. The bureaux rented by the Dararnent are very large, and are elaborate! and richly fitted up; but, in strange contrast wit! their luxury and elegance, some of them are de- void of occupants, like the deserted halls of the Ces the ruins of which are to be seen-in Rome, ‘The officials who were preseut seemed to be work- ing with the melancnoly precision of clockwork, but with expressions on their faces that might have implied a consciousness of loneliness in the splendor and magnitude of theit surroundings, or, in fact, any other consciousness. Mr. Westervelt, @ gentleman with a square piymognomy and tron-gray hair, was quite ready 0 talk. CONDITION OF THE DEPARTMENT. He was asked :-— “What 18 the present condition of the Depart mentt? Mr. WESTERVELT—Well, it was in good condition when .we came here, but its action has been somewhat paralyzed in consequence of the feeling whica existed between the old Commission an: the Comptroller in relation to the carrying on of the work. About that controversy 1 have nothing to say, only that I think in future there will be no trouble of that kind. We don’t care who pays our bills, provided they are patd after being properly audited at this oftice. They can be met just as weil at the Comptroiler’s bureau as here. We are now in no need of money. ReroRTER—Avout the unfinished work of im. proving the waterfront, Mr. Westerveit. What do the new Commissioners propose to do? Mr. WESTERVELT—We intend to go ahead as soon as we can, The Commissioners are now strangers to each other and each is not fully in- formed as to the ideas of the others; but I believe they all agree in an anxiety to proceed with the work a8 soon as possible. What we desire now is to arrive at a lair understanding ot the manner and method of properly constructing the proposed bulkhead wall. e are engaged now in discussing the plans ofthe engineers, and have not yet de- cided whetuer they are such as we can approve. THE REBUULLDING OF PIERS. Rerorrer—Are you going to rebuild any of the dilapidated piers, and, 1 80, how will they be con- structed + Mr. WESTERVELT—We shall rebuild some of the old wooden piers on the old plans very s00°. They will offer convenience for commerce during the construction of the new bulkheads, RerorTgR—When do you propose to résume the work on the bulkheads + THE STONE BULKHEADS, Mr. WESTERVELT—We do not know exactly; there are some difficulties in the way, We are look. ing forward to & commencement of the work on the North River, beginning at Canai street and progressing upward to West Eleventh strect. on Maa hat are the difficulties to which you: reter ? Mr. WESTERVELT—Well, we have to have posses- sion of the property on which the improvements are to be maue. In the region where we intend to begin the work the plers, with one exception, already belong to the city, and here we can enter the fleld in earnest. ReporterR—Can you give a date near which the work will be begun WRSTERVELT—About the Ist of August, per- hay we want to proceed a8 6000 as We cun. kerorren—What is the PLAN OF CONSTRUCTION which you have under consideration ? Mr. WESTERVFLT—It 1s to drive plenty of piles as the foundation for the work, and on these, beginning about fifteen teet below low wi mark, to buiid a wall of manufactured stone called Beton, to be finished with cut granite. The advantages of this pian are a great saving of expense over the origi- nal plan and as great security as it offered. The piles will be too lar below water to be injured by worms, and the character of the water of the har- bor is such now, as proven by scientific test, that these creatures cannot live init. If tnts pian is put into practice, the piers and the bulkhead wil ut the same time be extended about one hundred and eighty feet farther into the river than they are at present. Alter some further but unimportant conversa. tion the reporter withdrew, impressed with a very confused idea of the plans and projects of the new Board of Dock Commissioners, as any one perhaps would have been who was in a like position, THE JERSEY LIBEL SUITS. Exciting Scene in Court—Two Cases in One Day=—The Defendants Sue for Mercy—Assault on a Journalist. The trial of Pangborn, Dunning & Dear, proprie- tors of the Evening Journal of Jersey City, for alleged libels, was called up in the Court of Quarter Sessions yesterday befure Judges Hoffman, Bohn- stedt and Wiggins. District Attorney Garretson called upon the defendants to plead first to the in- dictment charging them with having published ma- lictously, &c., @ libel concerni Mr. P. E. O’Brien. Two of the defendants, Pangborn and Dear, who wore a@ distressed appearance, were in Court, and after a few moments’ consalta- tion with their counsel, Mr. Dixon, the latter arose and asked the Court to accept a plea of non pull, as the defendants found their case untenabie. The trict Attorney hesitated to accept any other than a plea of gay the defendants were not Mees Song goto trial, but a strong appeal was made to to deal mercifully with the accused, over whom other tadictments for libel are pending. le relented and the pi was entered, Judge Hoffman did not announce when he would pass sentence. The next case called on wus the in- aictment charging them with having published a libellous article concerning Mr. Jacquet, of West Hoboken, and the District Attorney entered a nolle pros, The indictment for a libel on Messrs, ‘Watts and Woods will not be tried till the 6th of Tuly. Witte the cases were being disposed of Mr. Wood, a member of the Bar, approached Mr. Pangborn io open Coart and demanded an explanation of some alleged libelious publication in the paper men- tioned, affecting his reputation, Mr. Paugborn’s reply betag uusatisfactory, Mr. Wood caught hin by the throat, and, forcing him back to a seat, was about to chastise htm when a constable interfered, It was several minutes before order was restored, The La was about to be renewed outside shortly when two New set fee ord inter Jered and saved a brother “q! iy his aun suits against the defendants are be tried,