The New York Herald Newspaper, August 8, 1873, Page 8

NEW YORK HERALD, FRIDAY, AUGUST 8, 1873+WITH SUPPLEMENT, THE COURTS. NEW MOTIONS IN OLD MANDAMUS CASES, A Medley of Stationery Bills, Re- form Expenses and Bank Claims. STAY OF PROCEEDINGS FOR SHARKEY Application for a New Trial To Be Ar- gued Before the Supreme Conrt, General Term. BUSINESS IN” THE OTHER COURTS, A Lawyer Charged with Attempt to Compound a Felony—Trials and Convictions in the General Sessions, a Wholesale Business- in the Mandamus Line. Btationery Bills Against the City—An Item of Reform Expenses—The Tenth National Bank and the Oourt House Oommissioners. The attention of Judge Pratt, holding Supreme Court, Chambers, was pretty much occupicd yes terday in the mi jamus business, They were ail, however, oid cases, the facts of which have been repeatedly reported. But motions and counter motions are continually arising in vhese cases; though it so happened that yesterday several came inabunch. First in order was madea mo- tion by ex-Judye Cardozo in regard to a BILL OF STATIONERY AGAINST THE CITY, “This is the bill of Levy & Meigs for stationery furnished the Superior and Marine Courts, The motion was for two writs of mandamus against the Board of Supervisors to compe} them to act on the bill. Judge Pratt satd he could order them to act, but not how to act, und this view having been ac- ceded to by Mr. Andrews, Assistant Counsel for the Corporation, the mandamus in this form was ordered, SETTLING THE REFORM EXPENSES, Next in order was an application by Mr. Dukes for three writs of mandamus against the Board of Apportionment to compel them to appropriate moneys to pay three clerks of the joint committee of Supervisors, Aldermen and citizens of the fall of 1871. Mr, Andrews, in opposition, presented the amMdavit of Mr. Earle, County Auditor, that each ‘was then in the employ of the Board of Supervisors, and that none did any other work than that re- quired of him by hia duty as a servant of the Supervisors. Mr. Dukes asked an order to examine Mr. Earle as to the sources of his knowledge and an adjournment till such examination could be made. This request Judge Pratt granted. THE TENTH NATIONAL BANK CLAIM, Mr. A. R. Lawrence appeared for the Tenth Na- tional Bank on two writs of aiternative mandamus, one against the Board of Apportioninent and the other aguinst the Comptroiler, both intended to recover advances made by the bank to the former Court House vommissiun, He asked that as Mr, Strahan, counsel for the Board and for Mr. Green, was absent, the matter might stand over, It was accordingly adjourned, JUDGE FOWLER'S SALARY. ‘The above finished the mandamus business, The only other case of public mterest had reference to the claims of Judge Fowler against the city for salary, in which he obtained judgment against the city by default. A motion was wade to open the de- faut and put in a counter claim which Comptrolier Green makes on behali of the city. Alter a brief argument the papers were submitted on both sides, SHARKEY, THE CONDEMNED MUR- DERER, oe A Stay of Proceedings Granted—A Motion fora New Trial To Be Argued Before the Supreme Court, General Term. Wm. J. Sharkey is not to be hanged after all on next week Friday. Application was made yesterday in Supreme Court, Chambers, before Judge Pratt, hy Mr. Charles W. Brooke, tor a writ of error in his case. The application was granted and will operate as a stay of proceedings. liaving been tried in the Court of General Sessions, there was no other alternative jor the Judge than to grant the writ, and on this account no opposition wus made by the District Attorney. This takes the case before the Supreme Court, Generai Term, where it will probably be argued at the next meet- ing of the Courtin September, Snould this Court rejuse to grant anew trial, then the case can be carried to the Court of Appeals. Sharkey'’s lease of life is, therefore, good .or several moat) SUPREME CCURT—CHAMBERS. Decision. By Juage Pratt. Bartlett vs. McNeilii—Mvotion denied, with $10 costs. ‘The plaintiff has five days im which to file proof, &c. (See opipion.) SUPERIOR COURT—SPECIAL TERM. Decisions. By Judge Barbour. ‘The Gutta Percha, &c., Manufacturing Company vs. ‘Torrey et al.—order discharging at‘achment, Koe vs, Roe.—Order granted that plaintia pay to deiendant alimony past due, Halsie vs. Freiderieit.—Order denying motion to correct dndings, Acjains v8, Mills.—Order for extra allowance to Gefendant of five per cent on account claimed. COURT OF GENERAL SESSIONS. Before Recorder Hackett, A Lawyer in Trouble—AMfidavit Charging Him with Attempting to Compound a Felony—The Matter Sent Before a Grand Jury. ‘There was considerabie excitement created yes- terday in this Court when Mr. Allen, chief clerk in the District Attorney's office, entered and iniormed His Honor the Recorder that ne had an amidavit which he wished to read, It referred to the case of Thomas Watson and Charies Stevens, who were indicted for an alleged grand larceny from the rson, The affidavit, he said, disclosed a state of Jacte which were .nalagous to a number of cases that occurred recently where the ends of justice were defeated. Subjoined is the aMdavit:— ity and Counly of New York, #.—JIohn Lloyd, of 344 West -second street, being duly sworn, deposes and says witness as Complainant in the case of Thomas Watson and Charles stevens, ‘which came besore the Grand Jury of the Court of Gen: Sessions for their action on August 6, 18 Delore sxid day deponent was spoken to by a c person called Gideon L. Walker, who proposed to st im the capacity of counsel for the said Watsom, and also ihat on the evening of July 23, 1873, the deponent ‘was visited by a person representing ‘herself to be the sister of the said Stevens, who informed deponent that he could recover his watch it he would stop the prosecution of the case: that Alsou person representing himeelt as the brother of said Watson visited deponent and made the same offer to deponent. On refusal of deponent to cept the terms offered, the said person, representing himself as Watson's brother, then offered to pay the de: ponent any amount of money that would satisty de- Ponent; that at the same time the named person offered deponent part of a house In Hariewn, free of rent for one year, as welll as moving expenses ‘and as money Varying trom $00 to $100, as an inducement ponent to remove, so that subpenas might not be ser n him to appear at the trial. That Gideoo L. Wal Fopresenting ; geld Watson's brouer at the. Ui Made to deponent, and on refusal of deponent to Qccept the offers to witndraw the case the said Gideon L. Walker advised deponent to state to the Grand Jury that be eponent) found his wateh on his bed on return- ing from @ picnic; that when deponent attended as wit- hess in the Grand Jury rooin he was told by the said Gideon L. Walker that the Grand Jury would not be in ssion; that he (the said Gideon L, Walker) told the y M wished to have the case postponed. on L. Walker used every means and Done te ign engl Yo absent hime IY toes diese a weeks he has been rept . proached by said Gideon L, Walker, the Urdther of Wat fon gue others, Wie, ave made every ettort to induce le) jo Withdraw the case or leave the 4 {that on the nyt of Friday, August 1, iM the yet. | Wednesday f Watson went to the residence of deponent tok ita A ie Tae row Ans nner ‘veer nhen he sl would ke Kramer. street, be en Bighin ‘and Ninth went joon and ened get his watch; that to ‘sal perkeepen, wi left watch JOHN ¢ deponent his watch from the & yOung man had Geponent that MSwrorn to hetore me this 7th day of Avge, 16/0, ol 0 AVID M. Donuwvs, Notary Public for the city aad county of When Mr. Alien had finished reading the affida- vit the Recorder inquired who was Gideon L, Walker, Serene an elderly man, who occu- Pied 4 seat within the bar, responded that he was & counsellor of the Supreme Court ot this State and was the party alluded to in the affidavit and Wished to make a statement. His honor said tuat the charge yectres was @ serious one—that of attempting to deieat the ends of justice and of suborning penury, and directed the matter to be laid before the Grand Jury. Mr. Walker said that he was not the counsel of the parties named in the ailidavit, but admitted that the brother of one of them was an old client, aud that he interiered as the friend of the brother. He could show tnat every word eworn to in the affidavit was false. It 1s said that a case similar to this has come to the knowledge of the District At- torney’s oMfice, in which a regular practitioner of this Court is charged with unprofessional conduct. ‘The lact that a great deal of what ta termed ‘skin- ning’ is Cig a im the criminal courts ever; day Is patent everybody who has paid any a tention to this feature of metropolitan lie, and if distinct charges, supported by reliable testimony, against “shysters” are brought before the Ke- corder they need not hope for any mercy from him, ‘Trio of Ho 3Swo M. Do! ebreakers Sent to Sing Sing Prison. George Walker, who was charged with burglary 1n the second degree in having, on the 12th of July, effected an entrance to the dwelling house of Sam- uel Stiner, 267 West Thirty-sixth street, pleaded guilty to the third yrade of that crime. He stole furs, velvet cloaks and ladies’ wearing apparel valued at $800, and was de! din the act of sell- ing some of the stolen property. Lawrence Moore also pleaded guilty to the same offence. He was associated with Waiker, but sep- arately indicted. These prisoners were each sent to the State Prison tor five years. Robert Malloy was indicted for beers | to enter the house of Joseph J. O'Dononue, 125 East Forty-sixth street, on the 21st of July, He pleaded guilty to an attempt to commit burglary in the kecond degree, and was sentenced to the State Prison for tour years. Professional Shoplifters Plead Guilty— An Ingenious Device Exposed. Joseph Bloom, who was jointly indicted with Frank Adam, pleaded guilty to an attempt at grand larceny, ‘hese prisoners were professioual shoplifters, aud were charged with stealing, on the llth of July, eight dozen of silk neck bandker- chiefs from the ore of Butler & Heywood, 366 Broadway. The detective in the case rodauced a green aper box, which had the appearance of being tied with thick string, but was in reality 80 adjusted that the hd could be easily raised without much risk of detection. This box was found in the Toom occupied by the prisoners, at 86 East Broad- way. Hereafter the clerks of whoiesale and retail establis!:ments will be on their guard when suspl- cious, would-be purchasers enter the store with boxes of this description, now that the latest in- genious device oi the professional shop.liter is ex- posed. Bloom was sent to the State Prison for two sears and six montis, Burglary in a Siacksmith’s Shop. Henry Shaw and John Marcher, who were charged with effeeting a felonious entry into the black- smith shop of Jolin Post, 231 West Nineteenth street, on the 14th of July, and stole $22 worth of property, pleaded guilty to an attempt to commit that ofence. Shaw was sent to the State Prison for two years, and his confederate one year to the Penitentiary. A Companion of a Female Shoplifter Sent to the Penitentiary. Charlotte Newman, who was jointiy indicted with Elizabeth Ormsby (who was convicted in March and sent to tue State Prison for four years), pleaded guilty to au attempt at grand larceny. She was with the woman Ormsby, @ well known shopliter, who, on the 21st of December, 1872, stole three shawis, worth $y0¥, froin the store of McCreery & Co., Broadway, There were mitigating cir cumstances in titis case, which induced his Honor to sentence the prisoner to one year in the Peni- tenulary. & TOMBS POLICE COURT. Swindiing Emigrants. Herman Meyer, Frederick Richler, Charles Ben- der, George Braun and Charles Gumpe, who were arrested at 113 Chatham street on Tuesday night by Captain Ulman and some of his officers from the Fourth precinct, charged with swindling emt- grants, were arraigned before Judge Dowiing, at the Tombs Police Court, yesterday . morning. Three diferent ht eg preferred by three diferent victims—Charies A, Bottier, Jacob Holz and Join Berler—were taken against each of the prisoners. His Honor the Judge de- cided at once to hola these sneaking swindlers under $2,000 bail to answer on cach complaint, It is likely, therefore, they will rest in the Tombs for some time, A Burglar Balked. James Taylor, a middle-aged man, of a somewhat respectable appearance, was caught yesterday moruing, about four o’clock, attempting to remove about $175 worth of bedciothes and wearing ap- parel irom the apartments of Mary Lee, 27 Oak Street. Mary saw the man break in the window, and calied to Oilicer O'Toole, of the Fourth pre- cinct, Whe arrested him betore he had time to get out of the building. Judge Dowling committed Taylor in $2,500 bail to answer, JEFFERSON MARKET POLICE COURT, The Arrest of Burglars in Twenty-ninth Street. Joseph Holmes and Joseph Rivers and a woman, who ciaimed to be his wife, who were arrested by Officer Malone, of the Twentieth precinct, on morning, on the charge of burglary and having burglarious tools their possession, were brouglit up before Jusiice Fowler at the Jefferson Market Police Court yesterday afternoon. It will be recoliected that ‘the woinan was arrested a3 she Was about enter- ing the house 226 West Twenty-ninth street, and the men subsequen'ly in the same vicinity. The tools discovered by the oMicers upon searching the hovse are pronounced the most complete ever witnessed “by them, and are sald to be worth $700, It was evident, from appear- ances in the house, that these tools were about being packed in sawdust to be sent to some otier portions of the couutry ior use in the nefario profession of the owners. The oficers lave di covered evidence of a burgiary perpetrated in Toronto, Canada, and in tie house were found @ large number of samples of light dress goods, which, it is surmised, were to be used by the bur- glars in selling a large lot of such goods, bes at to be deposited eisewhere, and for which the om- cers are in search. A considerable quantity of diamonds and jewelry, proceeds oj robberies, were also fouud. The prisoners were remanded for further examination and to enable the officers to hunt up further evidences. Mr. McClellan ap- peared for the prisoners, and there ig said to be some doubt whether the evidence, as it stands, is sumleient toconnect them with tue stolen prop- erty. YORKVILLE POLICE COURT, A Dishonest Servant. Dora Arent, @ servant, was charged with the theft of $100 worth of wearing apparel from her employer, Mrs. Theresa Bamberger, of 146 West Forty-third street. She was held for trial in de- fault of batl, she having admitted the charge before her arrest. Alleged False Pretences. John Schoener, a resident of Hudson City, N. J., was arrested on a warrant taken out against him by Joseph J, Hecht, of 1,052 Second avenue, from whom he obtained, as alleged, $150 on faise repre- sentations, These were to the effect that he owned two houses and lots in East Sixty-second street, the deeds ior which he gave to Hecht as security that he would pay him back the $160. it was shown that the deeds were 0; no value, because the defendant had never owned any property in that Street, He was held for trial in default of $1,000, COURT CALENDARS THIS DAY, SUPREME CoURT—Heild by Judge Pratt.—Nos. 148, 1, 5, 65, 57, 58, 59, 66, 83, 85, 92, 145, 153, 156, 165, 166, COURT OF GENERAL SEs8103 Hackett.—The People vs. Robert Fisher, robbery; The Same vs. Charles Parker, felonious assauit and battery; The Same v telo- nious assault and battery; o Same vs. Charles Jovs, felonious assault and battery; The Same vs, Jobn Grady, alias brady, feiony (Laws of 1862) ; The Same ys, James’ H. Brady, ‘alias Morrison, bur- ary; The Same vs, Otto Ackerman, burglary; he Same vs. Jacob Rubenstein d tare secreting stolen goods; The Patric! Reiliey, grand larceny, secreting ; The Same vs. Timothy J. Gilmore, forgery; The Same vs. Frank H. Merideth and Myron Manhammer, grand larceny; The Same vs. Frederica Meyers, olen goo grand ‘ceny; The Same Charies’ Parker, grand larceny; The Same vs. George W. Smith, grand Jarceny; Ihe Same vs. Thom Smith, rand larceny; The Same vs. Thomas Walker and Jharles Stephens, larceny from the person, KILLED WHILE BATHING, Coroner Young yesterday held an inquest at 337 East Ninth street, on the body of Edward Fay, a twenty-three years age. Deceased went bathing in the East River Fra while bathing struck his head against some bard substance and was fatally mnjured, A CAREFOL QUARANTINE. The Danger from Disease Daily Decreasing. The New Improvements at Quarantine— Commerce Encouraged — The Merchants Satisfied. ——-—_—_—— “THE CHAMPAGNE ISLANDS.” The present eMcient manner in which quaran- tine is managed contrasts with the state of things famillar to all merchants two Summers ago. Tne rapidity with which business ia despatched, the guarantee which all shipowners or consignees have that their vessels are not to be made the objects of Outrageous extortion, are causes which assist in restoring @ once prosperous, but lately blighted, West India trade. It was @ fact capable of the clearest demonstration that the brigs and barks, in which class of vessels the West India products mainly reached this country, had almost entirely withdrawn from the Southern trade during quarantine months, This scason there te more shipping than for several years past, and the evident intention of the health oMicers to DEAL FAIRLY WITH THE MERCHANTS “has had a wonderful effect in restoring confidence. The merchants report that the freights for the re- mainder of the season are all engaged. ‘There are to-day awaiting shipment at Matanzas alone 15,000 hogsheads of sugar, or twenty vessel loads. The war in Cuba, as wel as the epidemic form of yellow fever now prevalent along the South American coast, detracts in no small measure from the great ratio of increase. NO MORE JOBS, Asap extra precaution against any complaints from the merchants, at the organization of the new stat’ Dr. Vanderpoe) threw the lightening, stevedoring and coopering epen to the merchants themselves. They were permitted to engage their own employés, which were forced to conform to the rigid and inexorable law of Quarantine in that they were not permitted to returned to their homes until they had remained eight days away from the infected vessels. ‘The cholera and yellow fever were common enemies alike to the health of the merchant and shipowner, and they did not oppose the slightest objection to that regulation, They have not been forced topay $1,260 for fumigation, as in the case of the steamer Peruvian in July, 1866, or an almost equal sum in the case of the William F, Storer, consigned to Charles H, Marshall & Co. So much, then, for the manner in which this difticulty, which has hereto- fore embarrassed the Quarantine, has been dis- posed of and the present system employed, THE LOWER BAY. There are now abouttwelve vessels detained in the lower bay, and the sickness among the passengers arriving does not seem to be abating. The work on the upper or Hofman Island on the West Bank is very nearly completed. The buildings are all enclosed. The filing is completed. The contracts for the interior work on the buildings are all given out, so that in the case of an emergency arising, three or four days would suftice to make the new hospitals ready for immediate occupancy. ‘The hospitals on Dix Island are in the very best con- dition and their present management gives entire satisiaction to the Health Oftcer, The number of patients does not exceed previous years. ‘There is very little smallpox encountered, in! | ing the cold weather. | troduced the custom of THE DECREASE IN SMALLPOX Dr. Moshier advances the theory that from the fact that nearly all civilized people are now vaccinated, smallpox, as an epidemic, is to be unknown during this season, At present the cases encountered wiil scurcely average one in two weeks, The bodies of all such as die in | Quarantine are incased in a strong coffin and buried on the Staten Island shore above tide water and h grave «distinctly marked, so that the remains may be removed by their frienas dur- Dr. Vanderpoel has also in- lacing im each coitin a bottle, hermetically sealed, in which is enclosed a piece of panee containing the name, residence, vessel and date ol death, It is certainly SAD AND TERRIBLE enough to die in @ hospital ship, away from home and friends, but such @ death is rendered doubly dreadiul when the poor im- migrant knows that he is to be consigned to a nameless grave, For this improvement the present. Health Officer deserves praise. Even emoalmed bodies, where the deaths have been from contagious diseases, sent over in metalic cases, are required to be buried until the Fall. It is only to satisfy a whim of the public, but a chol- era panic is liable to be stirred up any day, and the Quarantine oMcials desire to avo.d giving any pre- text therefor. THE NEW BOARDING STATION at Clifton is about ready lor occupancy. It is exactly two miles further down the bay than the present Quarantine landing. Tae ground upon which the present Health Oficer's houses stands belongs to ex-Health Officer Swinburn, Mar- tin Wiener and 8 FT. Shortland, The State pays leavy taxes for the same, and the acquirement of the new property will relieve the Commissioners of this burden, The new grounds are of about eight acres in extent, with 487 fect of water frout. Back rom the water on a beautiful knoll stand the houses of Dr. Van- d+rpoel and Venuty Health Ollicers Mosier and | Thompzon, A pier, 110 feet in length, will project | out iato the water, from the furthest extremity of | which a breakwater will extend 160 feet to the southward, forming behind it a basin of sumicient capacity (o sheiter the Quarantine steamers from the severest storm or the strongest ice-floe, The | Pler will cost $11,000, ‘The State has already paid $60,000 upon the new property. THR WESTERN CHOLERA. Itisa strange fact recently demonstrated, after careful search by Dr. Mosbier, that the cholera which has recently appeared in tie South and West wus of a spontineous origin and did not come from @ foreign country, as has been so gen- erally asserted, The theory that the contagion was brougit to New Orieans by a Russian park was shown be untrue by dupli- cate copies of the Custom House returns for that port of entry which the Deputy Health OMicer obtained and carefally searched. This epidemic, a8 it has appeared this season, is strictly an Amert- can choiera, and, white it isin every way as much a cause of anxiety, It would not appear to possess the terribly contagious characteristics of the Asi-« atic cholera, The vigilance of the Health officers Will not be relaxed at this port, however, until the ‘1gt of October. A SAD SUICIDE, A Jersey Watering Piace Horrified by a Terrible Tragedy. HIGHLANDS OF NAVESINK, N. J., August 7, 1873. A very sad case of suicide at Jenkinson’s Hotel yesterday has, since the melancholy occurrence, been the topic of conversation among the quests of all these Highland houses, Yesterday morning, at about seven o'clock, a Dr. A. G, Mack, of Cam- bridge, Mass., was found in his room lying dead upon the floor in @ pool of blood, his death, from the frigntful gash he had tnflicted upon his throat, hay- ~ evidently been aimost Instantaneous, physician, Dr. Labaugh, was call Coroner's jury Was summoned, proceedings in such cases, th charge to the undertaker, was taken away to Chapel burial, A despatch meantime was sent to Cam- bridge by Mr. Jenkinson for information as to the Wishes of frieuds of deceased in reference to his remains, and an answer Was returned requesting ail proper attentions in the burial aud thai a letter on the subject was coming by mail. The body is preserved in ice awaiting expected iustructions in baid letter, The deceased was a well educated young man, and his manners were those of # quiet, amiable gentleman; but ior several days he had shown symptoms of aberration of mind, and from the evt- dence submitted at the Coroner's inquest, the vi dict of temporary insanity was accordingly ren- dered. He had been at the hotel where he so madly ended his life since Friday last. OOMPTROLLER'3 REOEIPTS. Comptroller Green reports the following amounts paid yesterday into the city treasury, From— BURKAU OF ARREARS. saments, Water rents ana d in, and a and after the usual ie body was given in Mr, Mount, by whom it Hill to be prepared for re $3,057 BURRAU OF City REVENUE. House and ground rents and market rentsand fee $6469 steuses ‘ 1,880 ‘wOREAU LLKCTION UF ASRHSS Wi! Assessments for street openings and improv ments and intere! 6 AURRAU OF WATER KEGISTER. Croton water rents and penalties,...... Permits to tap water pipes... ENGINEER IN CHARGE OF SEWERS, oe Connections with sewers, 410 Bale of Scotch sewer pi ——— 1,829 REGISTER OF PRRMIZS—WAYOR'S OFFICE, Permits for street stands, showcases, signs, BCs eeecnvee seeeee 1,518 MAYOR'S SKUOND Licenses... . 65 ConPonarion 4 Receipts for costs and penalties. Total... Pere re Eee} “THE DEUCE TO PAY.” Laborers and Clerks Included in the List. _ A Breeze in the Board of Apportionment—A Stop-Cock on the Finance Sluice Gates-> Only s Epigot Hole at Work—Tho Mayor vs. Green—“Author- ity of Law’— ‘ $100 a Day. Mayor Havemeyer had quite @ number of calls at his oMce yesterday, but as a rule things were very dull in the municipal departments. The Supervisors’ assessment investigating committee had a very interesting session, in the course of which some peculiar developments were made, Nothing of particular interest transpired in the civic departmental realm until the meet- tng of the Board of Estimate and Ap portionment at three o'clock. There were then present the Mayor, Comptroller, Presl- dent Wheeler of the Department of Taxes and Assessments, abd President Vance, of the Foard of Aldermen—e full Board, The first business ensued on the calling up of a communication relative to the salary of Mr. Sparks as Clerk of the Court of General Sessions and as Clerk of the Court of Oyer and Terminer. The Comptroller said that, under the charter, no person could hold and receive pay for two offices, He thought this objection would suMce in this case. Alter a brief reference to the lawson the subject the matter was laid over. COMMISSIONER VAN NORT’S requisition for an appropriation to pay the labor- ers employed in laying the big Croton mains in Tenth avenue, and for other purposes, was then called up. The Comptroller stated, as matter of information, that thia requisition was not received until two daya after the last meeting of the Board, and that it calla for an appropriation of $300,000, This amount was fer the laying of Croton pipes, There had already been $2,000,000 expended in this Cro- ton big pipe business, and now the call is for “($300,000 more,’ for which bonds of the city are to bo issued, President Vance thought it desirable that this Board should have an estimate prepared of the cost of the work for which this $2,000,000 had been expended, and the amount of work done. He felt, for one, that it was HIS DUTY to know, before acting further in the matter, how much had been expended in the matter, how much was yet to be done and how much more money would be necessary to complete the work. The Mayor said he was decidedly of the opinion that the Board should know where this thing had begun, how far it had gone and where it was going to stop. President Vance said that in the present matter be believed the work to be pald for had been done, and that the money asked for on the requisition was due to the workingmen employed. The Mayor asked the Comptroller how long it would take to prepare estimates. He did not think $300,000 had been expended, and that $100,000 would carry on the work for a period of two weeks, President Wheeler suggested that Commissioner Van Nort be requested to appear before the Board, aud that the Board hear his statement. THE COMPTROLLER MOVED the adoption of a resolution authorizing the issue of Aqueduct Alterations Stock to the amount of $150,000, On motion of the Mayor the resolution was ex- tended so as to call upon Commissioner Van Nort lor an estimate ol the amount of work aiready done and how much more money would be re- quired to compicte it, and the resoiution was then adopted. President Wheeler then presented a requisition from Messrs. Howe and Bowlend, Commissioners of Accounts, asking that an Sppropriation 01 $3,400 be made for additional clerk hire, &c, They needed the services of three clerks, one at @ salary o1 $2,000, one at $1,800 and one at $1,500, to be em- Pioyed at the above rates per anuum up to the Ist of January next. Also $200 for stationery and $1,000 for contingent expenses. ‘The Comptroller moved to lay the requisition over. President Wheeler said it was absolutely neces- sary that this appropriation should be made at once. These Commissioners hid not a single clerk at present. and yct they were expected to inspect | and revise the books of the departments at least ONCE IN THREE MONTHS. under the law. In order to do this they nad to examine the laws under which the various moneys had been expended, and it would be a physical im- possibility ior any two men living to do the work unaided, The Comptrolier said the law directed these men to do certain duties, and provided that they should receive a certain salary therefor. He did not know where there was any provision of law au- thorizing any other expenditure of money for this purpose, ‘rhe Mayor said that in his judgment where a law directed the performance of a certain duty it, carried with it the implied authority to meur any just and reasonable expense for the fulfilment of the obligation. If the law directs anything to be dove which incurs expense there {is at once the authority for the expenditure, President Wheeler, as ex officio member of the Commission of Accounts, hoped the appropriation would be made at once. The Mayor—I think the views I have just ex- pressed are both ° COMMON LAW AND COMMON SENSE. Commissioners Howe and Bowland then ap- peared and made a brief statement of their re- quirements, in the course of which they exhibited aschedule showing that there were to be mvesti- gated, a8 One item of their work only, the Issue and expenditure of the proceeds of seventy-five different Kinds of bonds, President Wheeler moved the adoption of a reso- lution making the appropriation, ‘The Comptroller moved to lay the master over. ‘fhe Mayor—Oh, well, if thigis to be laid overI want a diy set for it—not laid over indefinitely. ‘The Comptroiler said that he wanted to exaimine the uw, He didn't see at present any authority of Jaw for tie appropriation. ‘The Mayor—Well, then, | am for doing it WITH OR WITHOUT LAW, or under the law we have got which directs this work to be done. If the law directs docks to be built the Dock Commissioners are not expected to do the work at their own expense, even if they do get salaries. he work must be done though, and the money must be raised to meet the expeuse. You are expected to do your work and there are thousands of things that both you and I do that we have no law for, yet they have to be done and paid for. The Comptrolier—I don’t, I have authority of Jaw ior what I do, President Wheeler—Do you have authority of law for everything you do connected with your depart- ment? The Comptroiler—I think I have. It was then, aiter a short discussion, resolved to adjourn until Monday next the hearing of this requisition. THE OFT DRFERRED APPROPRIATION of $1,405 76 to meet deficiency in the appropriation for salaries in the ofice of Supervisor Disbecker ‘was then called up by Presideat Wheeler. On motion of Comptroller Green 1t was resolved that the amount required be transterred from the fund for special contingencies, ‘The Board then adjourned until Monday, at two o'clock, Aiter the adjournment, Comptroller Green said he could let the Commissioners of Accounts have considerabie clerical aid if they desired it, and also spoke to Messrs. Howe and Bowilend on the subject. ‘As Mr. Bowlend turned to leave the Comptroller and return to his desk Mr. Bowlind said, “i don’t see how we can accept any assistance from you.” It appears that the law did not directly make any provision to supply the Commissioners with stationery, 60 that if the Comptroller furnishes ven bd PAPER, PENS AND INK to these geatiomen he will be acting without “au- thority of the law.” They are now investigating the books of the Comptroller's Department and the the Department of ‘axes and Assessments, though President Whevler’s courtesy Jurnishes them with desk room. Both of the Commissioners are averse to receiv- ing clerical aid from the Comptroller, for they say, and with great propriety, that the clerk: ed to them might simply be “investigating” { ) the books which they themselves keep and write up, By some persons it is thought strange that the Comptroller has so much loose “help in his own department that he can farnish clerks for another ent. bs Leah A “POSER,” After the meeting two public omcials met separ- ately, and at an interval of half an hour’s time, learning of the Comptroller's desire to act under thority of law” in this matter, and of his dental of the Mayor’s Casual assertion that they had both done things without “authority of law,’ ed the re- porter where the Comptroller uthority of law” to employ Dexter A. Hawkins to go to Albany last Winter and watch the legisiation and lobby in behalf of the Finance Department in par- ticular and of the on in general. They stated that Hawkins received for this service $100 per and was employed, or at least was paid, at that rate for seventy-vht days’ servic Of course the reporter couldn't tell, because he didn't know, 3 —aapeeeieneeasa General Quesada’s Offer to the “Amigos de Cuba”—The Virginius to Take Another Expedition te the “Ever Faithful Isle.” General Manuel Quesada y Loinaz, one of the confidential agents of the Republic of Cuba in this country, but better known to fame as the success- ful organizer of two liberating expeditions sent to Cuba om board the American steamer Virginius, has just offered the use of that vessel to the @uban society in this city known as “Los Amigos de Cuba,” for the purpose of sending another shipment of arma, ammunition, medicines, &c., to the Cuban Patriots, so nobly stru; tor their liberty for the legas, the President of minent patriot Miguel de Aldama have expressed their willingness to accept the proffered use of the Virginius tor her patriotic mission. The “Amigos de Cuba’? possess upward o1 forty thousand dollars of subscriptions, inelud- ing the liberal gifts made by the veteran abolition- ist, Mr. Gerrit Smith. It 1s therefore probable that the expedition will be @ very large one, The Cubans in New York are rejoicing over the fact that the breach long existing between the rival factions in this ay Will by this‘expedition be per- fectly heaied and that harmony will reign once more within their ranks, The Virginiusis now at Ringsrap, Jamaica, waiting orders, Captain G. ‘W. Brown, of Wall street, states that he h 8 heard that several downtown merchants are about equipping a steamer to sail under Cuban color: re en to prey on Spanish commerce in the Wea! in THE BANCKER MALPRACTICE CASE. Coroner Herrman Commits Dr. B: to the Tombs—He Confesses His ror’=—Talk About Lynching. Sergeant Wilson, of the Thirty-second precinct, yesterday alternoon brought before Coroner Herr- man, at his ofice, No. 40 East Houston street, Dr. William W, Bancker, of 118 West 124th street, who was arrested the day previous by order of the Coroner on suspicton of having performed an operation on his (Bancker’s) wife, which resulted in her death, a full report of which has heretofore appeared in the HERALD. On reaching the office Dr, Bancker called Coro- ner Herrman aside and expressed sincere regret that he had made certain statements to him the day previous in regard to the case which were at variance with the truth. The Doctor confessed that he knew the condition of his wife, but donied it, thinking thereby to save the reputation of him- self, his tamily and the relatives of his wife, who are highly respectable. Dr. Bancker further said that the opinion of Deputy Coroner Cushman, after making au examination of the case, was quite cor- rect, but strenuously mesisted that no ‘truge of any kind had been administered to deceased to procure @ miscarriage. The accused seemed to court an investigation, and said he would honora- by eg himsell of aby complicity in his wife’s lath, Dr, Bancker was committed to the Tombs to await the result of an inquisition, which will take Place as soon as the analysis shall be completed, Professor Endemann, of the Health Board, how- ever, will not proceed with the analysis till assured of his pay either by the city or the Coroners, A large sum of money is now due the Professor for scientific examinations in the interest of publi justice, but Comptroller Green persistently refuses to pay the bill. It was stated yesterday that the people of Har- lem entertain a very bitter feeling against Dr. Bancker, the relatives of whose deceased wife talked seriously about lynching him. Coroner Herrman yesterday empanelied a jury in Harlem. THE BROOKLYN TRUST COMPANY, Resumption of Business To-Morrow— Alderman Ropes Elected President=A Card to Depositors. Yesterday morning a meoting of the directors of the Trust Company was held at their bank on Court street, opposite Joralemon. There were present Daniel Chauncey, Judge McCue, Seymour L. Husted, Henry Sanger, Alexander M. White, James 8. Rockwell, William ©. Kingsley, James D. Fish, Jonn Halsey, Ripley Ropes, Josiah 0. Low, J. S. Tisdale. Mr. Chauncey, the receiver, and Presi- dent pro tem,, presided. Mr. M. T. Rodman sent in his resignation as Secretary, which was ac- cepted, and Mr. Halsey was elected Secretary in his place. Mr. Ropes was elected President and a trustee. Mr. Charles . Marvin was aiso elected a trustee. Alter disvosing of this business the di- Teetors resolved that business would be resumed at nine o’clock to-morrow morning. ‘the following card was issued and the meeting then adjourned :. . The undersigned, trustees of the Brooklyn Trust Com- b: ve to Inform thelr depositors and the public Jompany will resume business on wat- y t, at nine o'clock, ‘The stockholders, ata meeting held on Tuesday even- ing, the 5th instant, at the Academy ot Music, voted to advance to the Company fifty per cent of the amount of the stock Leld by them fo make good the impairment of capital, ‘This money hasalready been largely subscribed. The undersigned have united to contribute a guarantee fund 0 $54,00) to abide the payment of those sub scrip- tions and the completion of the full capital of the Com- pany. The trustees believe that undor that reorganiza- tion the Company is entitled to the fullest confldence ot the public. Pierrepont, Edvard Harvey, Henry Husted, Alexander M. White, James ley, James D. Fish, Alex- » Daniel Chauncey, Josiah eoker ‘Ere 8 ioe ander She is Not a Claimant of Charies Good- rich’s Estate, Lizzie King, the murderess of Charles Goodrich, ‘was recently made a defendant in a proceeding for the foreclosure of a mortgage held by James E. Ge- | ranius against the premises which were owned by the murdered man, in Degraw street, Brooklyn. She was mentioned in the summons as the widow, or as claiming to be the widow, of Charles Goodrich. Counsel for Eliza J. Tummel, wife of Augustus H. Tummel, the owner of the premises upon which the mortgage was being foreclosed, calied upon Lizzie King’s counsel and stated that the mortgage was executed before Lizzie Lloyd King and Good- rich had become acquainted, and that Tummel Was anxious to pay off the mortgage (which was for $2,500, and there was also a first mortgage of $3,000), but was anxious to get rid of whatever claim Lizzie Lloyd King had in the premises. By the toreclosure Tummel could have had her claim cut of, but at a cost of some $400 or $500, Coun- sel therefore called upon Mr. Thompson to know if he could get a quit claim deed of Lizzie Lloyd King of her interest in the premises, Lizzie King subsequently executed a quit claim deed without consideration. She said she wanted none of his property, and only desired to retain the presents he had made her, WINE AND SPIRIT TRADERS) SOCIETY. The Witte and Spirit Traders’ Society of the United States met at 35 Beaver street, yesterday afternoon, Mr. Charles Bellows in the chair. The soctety is composed of about 250 wine and liquor importers and dealers. The object of the society Mentioned, in its new charter, is to protect and encourage’ the wine trade. The couacil of the society presented their resignation, and the President anoouncea that it would be in order to elect a new council. The council reported that the charter granted by the Legislature was highly satisfactory, David D. Acker, John 8, Beecher, Charles Bellows, Ramsay Crooks were elected to serve in the new council for one year, and the other members of the old council to serve for longer terms. The meeting then adjourned, BURIED BONES, The Human Remains in East Fourth Strect=Coroner Young’s Investiga- tion. Yesterday morning, at the Coroners’ office, in Houston street, Coroner Young investigated the case of the infantile remains found buried im the yard of premises 286 Fourth street, as previously repvrted. The remains had been, with a quantity of rubbish, found in the sewer and buried in a hole dug for the purpose in the yard, but no criminal intent on the part of any one was shown. a child, doubtless, was of tilegitimate birth, and hal been thrown into the sewer by the mother to hide her shame. The jury found a verdict of death from causes unkni —————____¢___ SUDDEN DEATH IN TRENTON, NW, J. A well-known gentleman named Michael Mc Laughlin, while on his way to Lambertville yester- day, was seized with an epileptic fit, and was taken to the Trenton City Prison and putin a cell. The city physician attended to him there, but McLaugh- lin did not rally, and died aiter ashort time. His remains will be taken to-day to his residence, 2,316 Spring Garden, Philadelphia, A Coroner's inquest resulted in a verdict of death from epileptic fits; but no allusion was made to the angling of a wick man into a damp and dismal cell like a common felon, [tis believed that this treatment acceler- ated his death. THE JERSEY SOHUBTSENFEST, Yesterday was the third and closing day of the festival of the New Jersey Shuetzen Corps in the park at Union Hill, The attendance was larger than that on the days previous, the fine weather being Cty favorable. At noon the contest closed and th k piace, distribution d_ the festivi- i rom the grounds in barouches. were loudly applauded by the assombiage, MARKET NUISANCES. South Street To Be Reformed—The Vesey Dump—Fruit Dealers’ Appeal for Space in Fulton Market—Nuisances Through the City. , ‘The fish and fruit stand nuisances along South street, between Beekman street and Peck slip, are to go down before the sanitary crowbar on Satur. day nignt, unless their owners sooner take them away. These stands have long added to the terrorg of the sidewalk on that througed route, as wellag fostered the creation of smells not agreeable tq nostrils at all susceptible. Such nuisances can well be spared by the community, which has ex, pressed much surprise that they were suffered to outlive their companions, which were joined tq the market, Persistent use of brooms, hoes and Croton water has at last removed the nauseous de- Posits under the market booths, Still there 1s sant- tary work to be done in relaying and repairing the rough and broken pavements ana flagging, and in Tegulating the gutters, so that the water draining from the market may find its way into the sewers, without first collecting in pools to ferment and in- fect the alr. Two telegraphic poles of unusual sol! ity still atand where were lately the outworks of the booths, a rod or so into Fulton and Beekman atreets, at South be i These should be removed, ag they are much in the way of vehicles, and South street should be widened by reaunexing the space conquered from the fruitmen and coffee venders, Catharine Market is marked for reform. Prob- ably at the next meeting of the Health Board ita nuisances will be reported on by Dr. Janes, who has made a thorough examination and will doabt- less recommend a similar clearing as that at Fulton Market. Besides covering and obstructing the tier, a dealer in oysters and refreshments hag ere built quite a commodious store plump out into South street, making a@ street obstruction of unri- valled proportions. juatter he has been a suc. cosa, 6 Board will likely ask him to move on, ABOUT WASHINGTON MARKET, In seer street, between Greenwich and Wash« ington, the curbstone butchers and a few other equally enterprising merchants presented their steaks and other tempting barg:ins on the outer edge of the walk in contempt of the recent order of the police to clear out. -It requires constant watchiulpess by the officers on post to keep this prominent approach to the market sufliciently clear so that a lady can comiortably carry her basket without being rudely jostled on the way. Paviers of the Department of Public Works were esterday patching up the gaps and filling the gulfs in the Fulton street pavements. Carpenters were also boarding up the exposed upper chambers left open by the saws of the sanitarians, No prepara- tion is yet made for the ventilation advised by Dr, Judson and Architect Pfeiffer, nor was there any too pleasant a flavor to the gir in that part of tne shanty devoted to butter and cheese, in which, for the sake of making these articles AB DCR O eiR color, the dealers take pains to exclude daylight and burn gas all day. For all this, the people em- loyed here look fat and robust, and deaths among Then are counted scarce. The funeral of one prominent marietman, Mr. Thomas P. Way, was attended by @ large deputation of marketmen mesteraey Work is steadily progressing on the offensive dump adjoining West Washington Market on the Vesey street plier. Nearly ail the old dock timbers have been removed, and the spiles are at hand to drive for the new bulkhead, which will form the western limit of the extended market. Beyond this the Dock Commissioners propose to place a tight house for the dumping process, which they think can thus be made inoffen- sive. A contrary opinion is held the Board of Health and by the dealers in the mar- ket, who have suffered long enough from this in- tolerable nuisance to be qualified to judge. It is to be hoped that the Board of Health will succeed in diverting this sickening business from coming into such immediate contact with the food of the whole of New York and its suburbs, SANITARY AND MARKET MATTERS, TO THE EDITOR OF THE HERALD :— Knowing that you are always ready to publish both sides of any question which interests the public, the fruit dealers who formerly occupied the “gutter stands,” as you term thom, would respect. fully ask space enough to set forth their grievances as the market men look at them. In the first place, we hold from the head of the Finance De- partment of: the city of New York permits to oc- cupy stands, which are in every respect the same as those held by parties within the market. Such permits declare that, by the authority invested in him by law, he grants to such persons, for a cers tain weekly rental, stand numbered so and #0 in Fulton Market. ‘nis has been the case for about forty years. Now, if the parties who originally got the permits to- occupy these places were stili the same Individuals who did, until lately, hold posses- sion of them, people would naturally say that they had got full value for the amount of rent or other expenses which they had to incur; but as the places were held for such a length of time under the permits from the Comptroller they naturaliy had acquired a fixed valine, and those who purchased them wanted no better title to the places than such permits declaring them a art of the market aud designating them by num- ersin such market. Some of us have paid as high as $6,000 for our stands and $500 to alter the ermits. Is it just or fair for the Board of Health, yy reason of the influence brought to bear by people who happen to occupy places inside of the market, to destroy our business and rob us of the amounts we have severally paid for our stands? If they really wanted more ventilation for the market (and it was the only odjection Dr. Janes made to us in our conversation with him) we were prepared to do anything they might sugzest, and 80 We stated tothe Board. The fruit business of this market is not to be despised, Fulton Market, together with the fruit stands on Burling ba a4 foreign fruit enough to all parts of the Unite States to pay a revenue to the government of nearly @ quarter of a million of dollers in gold every year, and by the decision of this Board of Health this business Is uiterly destroyed. [ut it may be preserved by grauting us proper places to conduct our trade. 3 There is certainly room enough for all the fruit dealers who formerly occupied stands ou the walk in the piaces of people who are not doing a legi- timate market business, All the cellars from Front street to South street, with one exception, are de- voted to business entirely foreign to market prod- uce, such as boots and shoes, stationery, rum shops, oyster saloons and the like, to the detri- ment of those interests for which we really under- stand markets are built. The oyster and dining places in the market, which Keep furnaces, heaters and boilers’ enough to heat ali the principal hotels in the city; and the shells and decaying oysters, which gave off those offensive odors which the Health Commissioners should have found fault with, are the real nuis- ances of Fulton Market. They occupy more room and pay less revenue to the city than any other branch of business, If the whole floor of the inner market was torn up it would show underneath it one mass of filth and putrid matter, and to dis- infect it the Commissioners would have to use @ great many more gallos of deodorizing fluid than they did for the decaying matter under the stands on the walk. If the city really wants to give us a good, clean, healthy market, why will it not lease the ground to the market men, and they will build one of which the people will not be ashamed. As long as the centre of travel is at or about Fuiton jerry there must be & market on the present site of Fulton Market, Manhattan Market to the contrary notwithstand- ing. And finally, js it reasonable jor the city to rent a public thoroughfare for years, until the leases become a matter of merchandise between individ- uals, and then take possession of the property again, with only two days’ notice? What is going to compensate those parties who, only ashort time ago, were deceived by those Comptroller's permits into eed ed stands? Do you think the r form Legisiature of last year ever intended to pas laws giving to any board power so arbitrary this one has? Why, according to the decision of Judge Pratt, it has power to declare the City nuisance, tear it down and cart it away. his is more despotic than any people under the sun would stand, and this is @free Republic. If this is Teform the market men cry out they want no more ofit, M. J, O'DONNELL, One of the Fruit Dealers, Casting Nuisances Into the Water a Bar- barous Method—Scientific Destructive Processes Should Be Used. To THe EpiTor OF THE HERALD:— The disposal of the offal of a large city is unques- tionably impossible without nuisance somewhere or to some persons. But must It be got rid of by throwing it on to our neighbors? What right have we of New York to discharge our filth or the stench from the process of rendering it into something useful and practically sufferable on te our adjacent neighbors? As well might each man individually get rid of his garbage by casting it over his neigh- bor’s fence and congratulate himself that itis no longer an annoyance to him, It is an undoubted fact that the necessary animal waste of @ large city cannot be got rid of in any other manner than by Rebel it up by the best 4nd most improved processes into substances of value either in the arts or in agriculture. As @ fer- tilizer there is no more valuable substance than animal matter, When bronghtinto adry condition it {6 Indestructibie, and, although somewhat odoriterous, it is not dangerous to health in the slightest degree, and there is no necessity that it should even be a source of disagreeable sensation to a sing! rson, Thousands of tons of guano are Mored in diderent parte of this city which smells exactly like the fertiizers made from bones, blood and flesh, They are neither better nor worse than #0 much guano, Then why should not all this stug be worked up in that manner and rendered useful CONTINUED ON NINTH PAGE.