The New York Herald Newspaper, August 26, 1873, Page 4

4 THE COURTS. anes, on Contradictory of the Bog Joseph fosevution Showing Syuttibartl ‘THE — HARLEM © CHURCH DISSENSIONS, Divergent Narratives of the Rival Liti- ganfe—An Olive Branch That Was Not Symbolical of Peace. Oumulating “Costa ‘by. the Comptroller. ed Expense, of Contesting Judge Foyler’s Salary Claim—Trying to Get Even on the Sheriff, -_—_—- Yesterday the further hearing of the gase of AVincenzo Motto, who is charged with keeping an ‘Statian boy in involuntary servitude and croelly beating nim, was resumed before Commissioner ben Additiona) evidence was given for the fendant, and at the close of the testimony 1t was admitted by counsel for the government that the proof offered in behalf of Motto hail overborue that pubmitted by the prosecution, An application by the government for an adjournment until to-day, to see how far they might.be able.to secure rebutting evidence, was granted by the Commissioner, who discharged Motto on his own recognizance. Louisa Kenny, charged with passing a cOunter- feit $20 bil on Amelia Reynolds, in payment of her board, was yesterday brought before United States Commissioner Shields for examination. The testi- mony showed that Louisa knew the bill was coun- terfeit, and the Commissioner held her to await the action of the Grand Jury, Judge Ledwith, ‘holding Special Term- of the Superior Court, devoted yesterday, and certainly ‘with very commendable patience, listening to the wrangling disputes of counsel on the dissensions in the First Baptist church of Harlem. He has got @ good-job before-him, and one premising to occupy two or three days more of his time. _ ‘There is adispute, it seems, as to the legality ofthe charges made by the Sheriff in the recent seizures made by him of the pictures in the Governor's yoom and other city property to satisfy the judg- ment obtained by Judge Fowler in his prosecution F payment of his salary. The case was yesterday eoneed to the notice of Judge Danicls, holding Bupreme Court, Chambers, on a motion to tax the Boste, and the decision will probably be given in a Gay or two. THE ‘ITALIAN KIDNAPPING CASE. Farther Testimony Contradictory of that of the y Joseph, who Again Appears on the Stand—Evidence of Margaret MeQuade and Her Children=—The Prose= eution Broken Down. fhe further hearing of the charge against Vin. cenzo Motto, No, 45-Crosby street, of having kept an Italian..boy, Joseph, in involuntary servitude and treated him in a cruel manner, was resumed yesterday in the United States District court room, before Commissioner Osborn. Mr. A, H. Purdy, United States Assistant District Attorney, and Mr. I. N. Lewis appeared for the pro- secution, and Mr. Ansbacher for the defence. | CONTINUED TESTIMONY FOR THE DEFENCE. Awoman named Margaret McQuade was called to the witness stand and sworn. The witness, though an Irish woman, has an Italian cast of coun- tenance, and might easily be mistaken for a daughter ofthe fair land of Italy. She testified that Pascenciello and Joseph lived in the same house with her in Mercer street for about two years. Joseph called Pascencieilo “father.” It will be remembered that, on Saturday last, when the case was before the Court, Joseph posi- tively deposed that he never lived with Pascen- ciello, nad never called him ‘dather,”” and had never seen him but once, Joseph was again put on the stand, ana he testi- fied that he saw Mrs, McQuade once during a month; he saw her when she used to come to collect the rent; lie drank coffee in her room three times. To the Commissioner—I lived in Mercer street one month with Vincenzo Motto; I did not see this woman (Mrs, McQuade) there; {saw this woman, having three children, in Crosby street when i lived there. Q. How do you know it was Crosby street? A. Because every one said it was Crosby street. To Mr..Purdy—The man who testified to ater — father lived there one month while I live: there. To the Commissioner—The woman (Mrs. MoQuade) Kore to me when she gave me the coffee, . What did she say?’ A. She said, “Take your coffee ;” I never saw her speak to Motto; I saw her talk to Pascenciello. Mrs. Mcwnade was again called to the stand. She Bald she had not, to her knowledge, seep Motto belore; just now, in court, was the first time she had seen him; the boy’s father came for her yes- terday, to come down here; he speaks little Eng- lish, Duta man who spoke English was with him; Witness has three children, one a girl, thirteen ears old, a boy eleven and another seven; they jived with witness, and they weuld know Joseph, as they used to play with him; Joseph had been to her house several times and had been in the habit of coming there every Sunday; he would stay there and play about; he couid talk a little English; the children wowd Know him if they saw him; witness had seen Joseph with that old man, Pascenciello, mavy times; Joseph would always cali him “lather ;" she never saw Motto with Joseph. The Commissioner said there was some strange ——s here, Somebody was committing per- jury. e witness observed that what she had said was Gfd's truth, She had no doubt whatever but that the children would corroborate her story. The Commissioner directed two oMicers to pro- ceed t 205 Wooster street, the residence of the ‘Witness, aud bring into court her two eldest chil- Gren, taking care that they should be kept apart from their mother and allowed no communication with her. For the purpose of producing the chil- dren, he would adjourn the Court until hali-past twelve orcick. d e adjourned hour the children were brough' into the court room by the officers, ee TESTIMONY OF ANNIE QUINN. Annie Quinn, @ bright, intelligent ttle girl, thirteen years old, was called as a witnese, Mrs, Met ade, for ane Burpoee of explaining the difference in the c "Ss Dame, that Annie the child of her first husband, Aon Annie then stated to the Commissioner, in reply eae that she knew the nature of an Oath; she knew the difference between truth and falsehood; she would not go to heaven if she told @ lie; she could read and write. She was then sworn. She was asked the question, “Do you know any person in Court?’ and she replied, ‘without a moment’s hesitation, “Yes; my brother snd this boy” (going up to Joseph, and pointing him out as he sat among three or four other boys). Sue knew him from 101 Mercer street; he lived there with his father. On crossexamination she said she did not know Motto; she had seen the boy Joseph and his father many tines; Joseph used to the violin, How do you know that this man (Pascenciello) ts his father fA. He always calied im “iatner ;" he was with his father when in the house; had the boy and his father many times—a nundred times ; eee talking in Italian: witness does t 8 alian, to Toe oun! issioner—Joseph used to come to our ho} and stay, sometimes half an hour and sometimes: songers he used to 4 marbles in the ara with her brother; Joseph's father then lived tn the top room; witness had been tn Joseph’s room; ‘she fifles in court the man who claims to be yh’s father, also the cousin of the father, and a man who, she said, lived in the same room with them; about three months ago she saw Joseph at 205 Wooster street; he some- Umes used to sit at table with them, Joseph, in reply to the Commissioner, stated ty he saw the Atte girl, Quinn, several time the Cobimissioher—Annie, did you ever see Joseph with Motto? "Seema: Annie—I never saw Motto inmy life. ~““"* = Martin apne brotner of Annie, a fine little boy, guice a8 inteili ent as his sister, having satisiac- torily answered the questions of the Commissioner as to the nature of an 0 tated that he lived wich his mother at No, 206 Wooster street; he bad Po: ae ay beat crest he knew the bo; I ive with his father, Who is in Court, ities Y Peps 29m GAD ROWE WMD OUT Ay Yep Crit NEW: YORK ‘HERALD, ‘TUESDAY. AUGUST 26, 1873++TRIPLE: ‘SHEET, run’ Mr. Purdy, on the part of the government, ad- mitted that the testimony produced by the defence had overborne that offered on the part of the gov- ernment, and asked an adicurnment untit next to, enable to investigate tue o! of the evidence g re for the defendant, Motto. Mr, Ansl jer, on the part of the defendant, ob- jected to the application for an adjournment. The ‘delence had established the fact that this boy bad hey had given avignses io holding Mr, J, N. Lewis deemed it roger d to suppie- po Bene of te fanaa with aad re- mar! je disclaimed allusions, but thought it ri with the view of etre! ‘ening the (tion. 6 progecution and of i cing the ‘Commissioner to grant an adjourn- ment, to say that he himself was an' unfeed attor- ney in this case, and had no hope ofreward beyond id falaee trent ce! Bin at he and forbid them not.” This pious sentiment was uttered with great fervor and ei and when Mr, Lewis. went on with increase energy to poten, despite, the evidence, nis thorough belief in the story of the boy ed the latter, who napens. be pm aon de- ced, 0. A °, te condition of poor Fosoph only stimulated t! energy of the learned counsel, who mad his 4 ‘proper remarks shout the on kind of slavery, uttered some very pretty and tical sentinrate Conodening flowers blooming towards the re &e., and with at unction threw @ nice religious halo over the entire of hia edifying speech, the whole thing culminating in the somewhat prosy result that, like Mr. , be wanted an adjournment until to-day. The Commissioner eatd there was no verbal testi. Mony to corroborate the story of Joseph. He told who his master was and where he lived. two little boys who were produced 4 Motto was their master, but gaid nothing as seen Joseph with him. Theretore stood alone in relation to the pris- oner, not, under the circumstances, think it would be.an act of justice to keep the defendant fo prison any longer, but he would grant the ap- plication of the government, to enable them to see what they could ‘throw on the evidence for the defence, The Commissioner then disoh: the defendant on his own recognizance until this day, when, if the Fererament can produce no tes- mony to rebut that given on tye part of Motto, the latter will be unconditionally discharged. THE HARLEM CHURCH FIGHT. Dissensions in the First Baptist Church of Harlem. Undergoing Ventilation in Court—The Rival Litigants and Their Respective Storics. wee Already an extended account has been given in the Hegaup of the diasensions in the First Baptist church of Harlem and the proceedings taken in Court.. There wasa further hearing in the matter yesterday before Judge Sedgwick, holding Special Term of the Superior Court. The suit, a6 will be remembered, turns in great part on the question of who are the representatives of the church. Some years ago there was a quarrel, during which the Olive Branch Mission was formed, with Mr. Barak G. Coles asa leader. It is charged by the plaintifs that the members of this Mission came one day in force to 8 prayer meeting of the church, and with- out warrant from the bylaws turned the prayer meeting into @ business mecting, and voted to reinstate all the members expelled; that at a ubsequent meeting these same members behaved very riotously, and as the old church had been burned some time previously, put up on the site of their Olive Mission S ppnding. bearing the name of the church, which hey asserted to be the original church. The plain- tiffs charge various minor irregularities—that the defendants introduced as moderator of the meet- ing a lawyer who was not even a Baptist; that the wholesale restitution of members was irregular, as it could, by the bylaws, only occur on confession and repentance; that the purpose of this move- meat ls te get ion of the property of the church, including the insurance on the oid church, and that they are receiving money as the First Baptist church of Harlem. auit ts to remove two of the defendants, who are admitted to be trustees, from their trust, and to enjoin all the de- feudants from claiming to be the First Baptist church of Harlem, and from tnteriering with the church funds or property. Among the numerous gentiemen who are sought to restrained are Addison Smith, President of the Harlem Bank; Deacon Taylor, ‘Mr. Wilson, Mr. Austin, Dr. Smith, Mr. Blackwell and, as above stated, Mr. Coles, all of whom were in Court. It is denied, on the part of the defendants, that they are the Olive Branch Society or that there is any such society, or that the corporation has given any authority to the suit. They aver that the by- laws were often suspended, but that those cited by the plaintiiis bad no reference to the difficulties here, and they depy that more than ten were ex- cluded from’ the church, and that irregularly; they assert that the Olive Mission was but a branch, and aver that the meeting spoken of by the plalntimts was a regular meeting; they trace back the troubles to the ministry of the Rev. Mr, Lucas, under whom, they say, a few were irregu- larly dismissed. As usual in such cases, there was a formidable array of counsel, Messrs. B. and D. Mitchel) and D. M. Porter Oe gd the plaintuf, and General G. W. Palmer, W, W. Niles and Mr. Bagley appear- bei the defendants, ir, Porter stated the case for the plaintif. He said they asked to have the injunction granted by Judge Sedgwick rendered permanent. The com- plaint states that the plaintiff ts religious cor- poration, organized in 1848; that two years ago certain members found fault with the pastor, and used imdecorous language and were expelied for insubordination. These parties, continued Mr. Porter, went and formed “The Olive Branch ion.” One of these, the com. piaint alleges, was until lately a trustee of the rst Baptist church namely, Mr. Coles, Anew minister was elected by the plaintif, and the Olive Branch continued to be a separate mission. On the Ast of July there was to be a regular prayer meet- tng of the First Baptist church, and without notice the Olive Branch people made 4 raid-on them, and, contrary to rule, turned itinto a business meeting, and passed a resolution “that the People recentiy expelled be reinstated,” and this, the plaintiit charges. was @ conspiracy, some of the parties thus reinstated having left the church two, three, or four years before, and some having been expelied two years before. On the 8th of July the church calied a meeting and the reinstated parties came there in force and claimed to be full members, and set up the sign “First Baptist church of Harlem,” instead of Olive Branch, and now claim to be the said church. At that meeting they appointed General Palmer Moderator, though he was not a member, and every resolution in favor of the raiders he declared carried. General Palmer replied for the defence. He said the defendants are not the Olive Brapch Mission, that there is no such society, and that the Olive Branch Mission was simply @ Sunday school organization. The Baptist church corporation has not in any way authorized the proceedings. Beiore the meeti! wt July the pastor assumed a dictatorial tone which alienated some of the members, and those who bring this action (and who are not the First Baptist church) succeeded in getting them excluded. He went on to deny all the equities in the complaint, and said the aMdavit on his side was sworn to by ninety persons, while the affidavit on the other was oaly verified by fifteen. Long amas re read on both sides and lengthened remarks made by the opposing counsel. All day was taken up with the case, and it prom- ises to occupy @ day or two longer. THE COMPTROLLER’S CONTUMACY. — Running Up Bills of Cost Which the City Has to y—The Sherifl’s Charges in Jadge Fowler's Case. It happens in nearly every case where the Comp- troller resists payment of s bill against the city, and the same 1s brought into the Courts for adjudl- cation, that he has to pay it tn the end; and this ig not all. The city gets saddied with a snug bill of costs, The Judge Fowler litigation for his salary 1s case in point. In additien to having to pay the full amount of salary claimed, there are several hundred dollars of interest and the Sherii’s expenses beside, to say nothing of the expense of contesting the matter in the Courts, It will be Temembered that, after judgment had been pronounced ‘i in favor of Judge Fowler and the 01 the Sherif Weal thronen he * solewrtin’ stereotyped but effective form of levying on the Pictures in the Governor's Room, toget! making two other levies on city Keopertne nant ing one on the fixtares in the Comptroller's ome. Ju Fowler got his money, but this did not quite end the motion. The case came up yesterday in Supreme Court, Chambera, before Put ec Daniels, on 8 motion to tax the Sheritf’s bill, ¢ Sherims jundage to that was $100, and then there was ihe charge for night of and the charges for the ce and night watchers, the whole bill amounting to $270, ier quite an argument on the matter, an effort being made on the one hand to show that the were tlle; and exorbitant, and on the bor | it LA tla rectly Ff and just, the that, as ti oot was buta trustee for i¢ was doubtful how Creare Mab cheat avgbery wes ancapied lor. He bowerer, Lg0k the ness as the ; Jone] and he would examine them and then Hed tateone a } ents | Ere"ul dein. OO SS his fatner; knew to be ler be Jooeph always called him eo, Jove tame io see | BUSINESS IN THE OTHER COURTS. witness at Wooster street soverat im 7. ver saw Mott Soverarare area. et es ‘ are, Lisbility of Minors for Freud. also stated that Joseph's ear [> . ‘when it was hurt, te ni dive kha on oO li Before Judge Daniels. Several days since s motion was made in this Court for the discharge of Julius Paradise, aged nineteen, who was arrested and lodged in Ludiow Bireet jail on the suit of James W. Chisholm, fancy goods merchant, on a charge of having conspired with two chars and fraudulent representations worth of goods. The motion ind shat prisoner was @ minor and that the action was one ai on contract, hi position was that the act of the nd therefore he was liable - is 80 decided yesterday and denied the motion. SUPREME COURT—CHAMBERS, Decisions. By Judge Pratt, Jacob Engel ve, John Pp cent a She Matton on terms $10; gost to abid opinion.) ea W. Chisholm ¢¢ al. va. Julius Paradise ot aie Motion denied, with $10 costs, ph Thurman et al. ys. Edmund Greasiy.—Mo- wap discharge ‘attachnient Granted, with $10 Se SUPERIOR COURT—SPECIAL TERM. Decisions. By Jndge . egrantnouser, ve. Hoxton.—Judgment vacated on Horne ot @l. vs. Roberts.—Motion for receiver ranted. Todd et al vs, North ari Insurance Com- pany.—Attachment weaved ta aiuguarg ed. we Fink vs. Allen and Wife.—Fin lowance to Allen and wile; plain CCURT OF COMMON PLEAS—SPECIAL TERM. Docision, By ou sge. Loew. Devoe vs. Nutter.—Motion is vacated; attach- ment denied; $10 costs. TOMBS POLICE COUAT. More Complaints Against Pickles and Page, the Horse Thieves, Two additional complaints were taken yesterday by Judge Hogan against William Pickles and Henry Page, the alleged horse thieves. William 8, Law- rence, of No. 675 Willoughby avenue, Brooklyn, charged that. on the 25th of July he lost a horse, wagon and harness, valued. at $410, The property was found in the livery stable at 125th street and Eighth avenue, where it was identified. Themag Redding, who was employed in the stable, teatided that the horse and wagon in question were brought there by ean Judge a commit! bya 000 bail on the complaint of Mr. wrence. Wiliam Pickles, who seems to have been the Bnepeses of the horse thieves, was conironted yesterday with another of his victims, Mr. Ar- noid Strauss, of No. 88 Second avenue, Mr. Strauss identified William to. bim @ horse. fro! who came. last sented bimself as Clark, a butcher, doing business at No, 241 Nassau street, Liye Pickies, alias Clark, gave: Mr. Strauss 9 $50 bill and a promissory note for $450, endorsed by a man named Hammond. The note was protested, and neither Pickles, alias Clark, nor the endorser Ham- mond could be found. ‘The prisoner Pickies, alias Clark, Was held in $1,0v0 bail for false pretences. Dangers of Hack Riding. James Byrnes, a hackman, was arraigned before’ Judge Hogan, at the Tombs, yesterday, charged with robbing John Smith, of No. 741 Greenwich street, of $150, Smith swore that he told piers to drive him to a hotel on Sunday night, and that he woke up in a livery pranp Yementey and his money was sone Byrnes denied all knowledge of the mone, nd said if the complainant was robbed at all must have been by some person he took in the coach with him. The prisoner was held in $1,000 bail to answer. ESSEX MARKET POLICE COURT. The great east side spent a quiet day on last Sab- ‘bath, as the returns at this Court amply showed yesterday. They were unusually light, and what was most satisfactory was a marked diminution in cases ofintoxication and disorderly conduct. Thére was one case of burglary, of cdot uliam Diliman, ir aottled; al- Of $150, Thomas Walsh and ‘were the parties accused. It was alleged against them that early on Monday morn- ing they broke into the premises No, 323 East Sixteenth street, occupied as a liquor store by John H. Schioss, and that aiter helping themselves freely to the best liquor in the saloon they leit, tak- ing with them billiard balls, bottles of brandy, cigars and sardines of the value of $70, They were heid to answer in default of $1,000 each. COURT CALENDANS—THIS DAY, Supreme Court Cuampers—Held by Judge Daniels.—N 55, 58, 63, 66, 96, 97, 110, 113, 141, 133, 194, 138, 140, '143, 144, 145, 146,’ 147, 148, 149. Unirep States Disteior Court — Bankrupte; Calendar for this day.—Judge Blatchford git to-day and dispose of the toliowing calendar of involuntary cases in bankruptcy :—Nos. 3873, 3969, 4018, 4054, 4085, 4104, 4103, 4112, 4125,’ 4131, 4137, 4152, 4161, 4165, 4166, 4171, 4187, 4189, 4191, a 4193, 4194, 411 4196, 4197, 4198, 4199, 4200, 4201, , 4206, 4207, 4208, 4209, 4210, 4211, 4212, 421: Argument Calendar—No. 4268, During to-morrow and Thursday the Judge will hear motions in equity, bankruptcy, &c, THE BLACK CROOK. Morg Pictures—Miss Grey Wants to be Heard Again. MOBRISANIA, August 23, 1873, To THs EDITOR OF THE HERALD:— I perceive that Mr. Morgan has come forward ip defence of his “outrageously lewd” pictures, He asks if the writer has ever seen “Powers! Greek Slave” or ‘Titian’s Venus.” Now, two dozen Greek slaves or Venuses would not make his picture any less lewd, for “two wrongs do not make @ right.” Besides, if any person sees the “Greek Slave” or “Venus” advertised or printed on a pro- gramme they are aware of what they may expect, and avold it if agreeable; but when they see an allegorical picture of woman advertised, and then behold the “outrageously lewd” specimen, the. author cannot justly ‘pensare the writer for re- marking it publicly. en, will Mr. Morgan allow me to suggest—first, when he replies to an un- known lady, not to insinuate that she is impure, for it does not sound well, coming from a person of education and culture, as Mr. Morgan wishes to be considered, and no gentleman would do so. Then he might paint @ covering—be it ever £6 scanty—over part of his picture and thereby remedy the glaring defect and save the trouble of ‘‘cover- ing the Venus de Medicis with a gauze petticoat,” or “putting trousers on the legs of pianofortes,’? 1am, yours very truly. Misd M. GREY. Matt She Is Not a Critic, To THE EDITOR OF THE HERALD:— Your correspondent, “Miss Grey,” is evidently very little accustomed to see pictures or art works of any description. The particular objection she makes to Mr. Morgan's noble paintings in the “Black Orook” is,in my thinking, founded on & false seme ofmodesty, Should she ever visit. Ti- fany’s, Ball & Black’s, or any of our art galleries, she will, I fancy, see something that will open her eyes far more than the “third” or any otner ‘pic- ture of Mait Morgan’s Raphaelistic Seger Tae very truly, CLARA ANDREWS, BROOKLYN, L, I, August 23, 1873, il for Matt More 6 To Tae EDITOR OF THE HERALD :— Inever saw any of the previous extibitions of the “Black Crook.” For the first time I saw it last night, With the exception of some tomfoolery at the outset, I must say the whole exhibition was intensely interesting and reflected immense credit on the skill, labor and enterprise evinced in its Production, As to what was exhibited, there was haa to offend anything except a diseased im- ination. If peo} @ things with prurient eyes tl ey have no one but themselves. BW YORK, August 22, 1873, ViATU! The Pictures are Not Works of Art. Nuw Yor, August 22, 1873. To tae Epiros or tag HeRaLp:—~ It does not seem to me that Mr. Matt Morgan Makes a good defence against the charge of lewd- ness as displayed in his picture in the “Black Crook.” The “Venus of Page and “Greek Slave” of Powers are works of art, wrought in im, perishable'marble, and destined by the genius of the artists to immortality. Mr, Mo 's pictures are simply part of a great show. play which they are sented is avowedly a spectacie, Prob- ‘om Hs fave been better for the artist to hav a ry avoided depictt ‘thi iy prarmeacy inthe iin Por th o“ipectators, fg a and @athered at a Garden but few be found who will look apon these Phere cyos pleased for the k omeat 0 beh’ Pee ate sats Ss woe has an entire right to do so; but he can avoid shocking the senses of many of his admirers by using the scarf, 80 common in such paintings. Why did he not do if? Your respectful OWARD SPRAGUE. An Anecdote for Dessert. To rue Eprror or Tam UsRaup:— . Matt Morgan’s reply to the criticism of his pic- ture reminds me of an incident which occurred during a late visit tothe Park. Soon after my ar- rival in town Lhastened to pay my respects to the “Angel of Bethesda.’’ Absorbed in contemplation, 1 was interrupted by a woman's voice, saying, “Well, what do you think of that?’ Not knowing who my interrogator might be, and conscious of my weakness a8 80 art CI with some apologies I ventured to ter 1 was somewhat disappointe: turning towards me, in @ sharp voice, she replied:—*It has got clothes on, what more do you want?” It is neediess to add that I deferred further study, and needed no police- man’s suggestion to * move on,” B. THE ALGONQUIN IMBROGLIO. The Vessel To Be Towed to Barren Isl- and—Inspectox Gridicy’s Visit To-Day to the Lone Spot—Interesting Interview with the Superintendent of the Ailgon- quin—The Ory for Blood=The Declara- ration That No Stench Emanates from the Vessel. This morning inspector Gridley, of the Health | Department, will leave this city to make arrange- ments at Barren Island for a mooring place for the nulk Algonquin, the property of the New York Fertilizing Company, and which it was rumored | the Health Department intended to burn or sink. A meeting will also be held this noon, at the. office of Mr. Chase, the manager of thcompany, at 245 Broadway, when it is probable that no objection will be offered to the removal of the vessel as, it is considered useless for a private corporation to fight the Board of Health, whose word is law. The company maintain that they are losing some $500 a day through the anjust attitude of the Board of Health. They also assert that they hold letters from the Massachusetts State Board of Health and from Somerville, Brighton, Oharles- town and Cambridge Sanitary commissions, Mas- Bachusetts, stating that a similar apparatus to that employed on the Algonquin had been found admirably suitable for sanitary measures, The company also maintain that, as their vessel 1s all housed in, no bad smell. can escape from the ves. sel while the machinery is at work. A HERALD reporter had an interview with the Superintendent of the Algonquin, who spoke as follows:— ‘STATEMENT OF CAPTAIN TUTTLE. TAN the position of Superintendent of the halk Algonquin, belonging to the New York Fertil. izer Company, and which is now moored at about 160 feet irom the Jorsey'shore, of Weehawken. can bring numerous witnesses, inci large real estate owners, who are willing to testify that the Algonquin, while preparing fertilizers, did not cause ai naive stench in the neighborhood while moored at Fortieth street and the Hudson. The Board of Health has voted, however, that we are a nuisance, and, as Judge Pratt lately expressed it, 1f the City Hall were pronouncea injurious to the public health, ita fate would be sealed. So that all the company can do 1s to submit, and say amen. Isee tt reported in the papers that this vessel has been gel by the police, That is simp ab- surd, for there is no oficer on rd, and all my men who were arrested last Saturday by the police boat Senaca, are now out on bail and back on the vessel, but mo work is being done there. since Saturday, for we are awaiting new developments. ‘What absurd nonsense that is also, that the Board of Health contemplates burning or scuttling her! Why, my dear air, that crait, with her Pipphinery, pepreepuiss value of some seventy-five thousan dollars, andI think the hesitate before destroying our craft, Be. (DLER’S VISIT TO THE VRASRL, - Last Tuesday Dr. Chandler came tojee the work- ks the vessel, and, by a piece of misfortune, which mortified me greatly, some of the ma- chinery broke just as Dr. Chander came to see the wor! of the vessel, and allowed bad smell to escape. I showed the whole asc | of the vessel to Dr. Chandler, who saw my predicament, and how the accident happened. Dr. Chandier is a iereti and saw Dan ane IB A Tl cata the re f r ae sigughter houscs— vi Wood and 9 a foah: ary ed on the vessel,, and is inotfensively treated in this fashion :—As soon as received from the slaughter house it 1a conveyed into air tight inders sur- rounded with a steam jacket, into which steam at @ temperature of 300 degrees is conveyed under pressure. Within the cylinder there is a hollow ‘xis with several hollow arms, into whicn the steam 18 forced. The axis is rotated, and carries the heated arms through the mass within the cylinder, and in a few hours it becomes a dry, tine powder, ‘which is practicably indestructible while kept dry. The gases and vapor drawn forth are forced into the furnaces and consumed. It is an Undoubted fact that the necessary annual waste of @ large city cannot be got rid of in any other manner than by working it up into substances of value for agriculture or otherwise. As a fertilizer, there is no more valuable substance than animal ma' r. NEW YORK’S EIGHT THOUSAND DEAD HORSES. Every Pho the mortality of horses in this city is upwar of 8,000, and what better employ- ment can be miade of their carcases than turning them into manure! It 1s far better than dumping them into the par ioe will admit, and poisoning the waters with gusting objects of baie ese The wonduin has contracts with the leading slaughtering firms in this city to buy the blood of the animais they kill. When | tell you that in winter 100,000 hogs a week are slaughtered approximatively, you can see that oceans of blood are poured in the East and North rivers, which otherwise would come to our vessel. The company has paid for much of this blood which now runs into the North river and pollutes it. The HERALD takes a leading ih in abolishing bape and should look into this matter. Whether our vessel be without fault or not, this fouling of the Hudson should be investigated, THE NEW YORK RENDERING COMPANY BOAT. The boat of the New York Rendcring Company still remains at the pier of Mr. Frank Swift, at Fifty- eighth street and North river, and it is reported that the company will refuse to remove it, alleging that they are still owners of that pier. A HERALD reporter called at the office of Mr. D. 0. Ualvin, lawyer, at 251 Broadway, who is a member of the Rendering Company, to learn what steps have been resolved upon, but as he was absent in the country no information could be obtained, TRANSATLANTIC BALLOONING. ‘aid jacana A New Aspirant for Fame as a Sci« entist-The Utter Fizzle of Philadel- Phia’ Scheme of Alr Line to Europe. The Philadelphia transatlantic balloon enterprise, im the mterest of which so many meetings were held at the Continental Hotel, in that city, and so many columns of editorial matter spread before the readers of the newspapers of that city, has entirely collapsed. The committee appointed to obtain subscriptions, consisting of E. W. C. Greene, Chairman; G.W. Fairman, General A. M. Stout, F. T. Walton, Richard Penistan, Joseph Sinnott, R. R. Campion and George M. Coates, Esq., have, itis ssid abandoned the enterprise, and declare themselves unable to raise the amount of money necessary for a trial of the transatlantic balloon scheme, About $8,500 bad been conditionally subscribed, but the actual cash receipts did not pass the sum of ‘which was expended in printing and other inci- dental expenses. THE ORIGINATOR OF THE Saoanal Colonel H. OC. De Anna, has abandoned the “Cen- tennial City’ to ite iate, and comes to New York to ask the assistance of public spirited men toward the accomplishment of a transatlantic balioon voyage. A reporter of the HERALD called nd Colonel De Ahna yesterday and obtained from him the foliowing facts relative to bis preposed voy- S°'~ um RASTRRLY ATR current. [hat seventeen times inte: the in the Prussian service. careiully estimated the chances of success and them at eighty-five out of the hundred. I Mean to say that there are fifteen chances to eighty-five that the balloon will never be heard of again. This PERCENTAGE OF RISK Lam willing to accept. I have met Professor Wise and believe him to @ courageous man, butIl am confident that he will find that the canvas out of which the balloon is constructed ts entirely unsuited for his purpose, and that the gas will escape with such rapidity 3 to render the completion of the e. voyage 4 SILK BALLOON. “What is the style of the aerial ship which you proposed to us?” gaked the reporter, “{ pledged myself to em with tree com- nions of any day to be di ited by the executive Committee in balloon of from seventy. to eighty-five feot in diameter, constructed of raw id material, coal and varnished st the possible manner, filled with oat ye Fale ay ‘ond life dost, all, necessary scientifio apparatus and rovisions for thirty di Beiaentical, as Tregard it as an impossibliity to safely launch a boat under and in sucli close prox. Amity toa large two atory oat, I would agree to remain in the air for at least three times twenty. four hours and while there I shonid make use of all n to the aeronaut for seeking and west wind. I and than jatue British isles of France.’* Board of Hoalth would’ ALL FOR A- BUTTON. Inquest m the Broderick Tragedy. The Father Acquitted of Blame for the Murder of His Son. “DONE IN SELF-DEFENOB.” The Witnesses Unite to Exonerate the Murderer. SCENES IN THE COURT RUOM Tho Family Oongregate Around the Father ‘and Bemoan His Pate—The Prisoner To Be Admitted to Bail — i iy ‘The inquest into the circumstances attending the death of James W. Broderick, who was killed by bis father, Michael ©. Broderick, on Friday last, took place at eleven o'clock yesterday morning at the,Coroner’s office. Shortly before the hour the prisoner came in and sat at the table directly in front of Coroner Young. He was evidently under the weight of a great emotion, and looked around bim apparently almost dazed with'terror.' He had been slitting in his seat q tew moments when his family entered the room. There wero the wife, Mrs. Delia Broderick, the son John, who received'a stub wound at the moment James met bis death, and the daughters, Clara, Catharine, and Margaret. The father rose and the wife rushed into his arms, crying, “My husband, my poor kusband!’? while tears ran down the cheeks of the wretched woman, and the father sobbed like a child. It was a truly affecting scene and was managed without theatrical effect. Then the father suc- cessively took the three daughters and kissed them. The smallest, a little girl about five years of age, be took upon wis knee and kept there during the inquest. Mrs. Broderick, who is a fine lo00k- ing old woman, and the daughters were dressed in deep mourning and the signs of continued grief were visible upon thelr countenances, The son John remained unnoticed by the father and sat down between the mother and the eldest daughter, A looker on could hardly remain indifferent to such an exhibition of family ‘trouble. Whatever the great sin of the crime it was evident that tne suffering of the living was heartfelt, The inquest was managed very skilfully and was carried on evidently on a preconcerted plan. The family, which had already lost one of its members, Were opposed to losing another. In the testimony which took place no one polnt was brought up against the father, and all the family united to make their evidence as favorable as possible to the prisoner and as hard as possible upon the dead and the living sons, Even John himself made the most compromising revelations concerning him- self, and the story of each one madea whole which was too perfect not to give the SUSPICION OF PREVIOUS REHEARSAL. ‘This was made all the more palpable when, after the whole family abusing John, the son John abus- ing himself and his father, and the father speaking in the most reproachfal terms of his living son and the jury had retired, the son, as if feeling there ‘was no further need of effect, went up and sat be- Side his father, had a pleasant chat with him, and only seemed to gge the impropriety of his action when advised of it by his counsel privately, This gave a tinge of unreality to the whole thing, which, perhaps, fortunately for the prisoner, the jury was not there to see. The mother-in-law was absent from the inquest. She was the person about whom all the trouble began, and it seemed rather extra- ordinary that she should not be present. Mr, Leo Schwab appeared as counsel in the case. Mrs. Delia E. Broderick was the first person ex- amined, She testified—The last time I saw my son James alive was on Friday morning; James, John, Catharine and myself went toapicnic at Funk’s Park on Thursday evening; my husband was not there; we returned about one o’clock, and I found my husband waiting for me; we all remained up some time talking; there was a growi between Michael and the oldest boy John; after that we went to bed; Lnever saw James again alive; in the morning, after I got up, Iwas in the sittin, room putting a button on my husband’s pants; was not in the room where the trouble was; had I been, it would not have taken place; I always ‘would put my arms around their necks and stop it; heard the boys speak roughly to their father, ani uiet til Tget my clothes, and! will settle it; T tried to get my clothes on, but being aay ey MF succeed iu time, andI saw 101 1 SAW JAMES LYING DEAD on the stairs; James did not drink; John was a little under the influence o1 liquor; my husband did not want John in the house; they had some trouble about a woman; when | came home I saw my husband had been drinking 4 littic; James took John into the bedroom; tne father and the Doys had trouble because they would not do what he told them; both occasionally paid something to the support of the family; I heard James exclaim, “Tam stabbed!’ I ran down stairs and found him lying in John’s arm: heard one of the boys say, think it was James), “Throw the old son o! b—h out;’’ I dia net see my husband have a knife; did not Know he used one. JOHN W, BRODERICK testiied—I live in West Tenth street, and work with my Thomas L, Asten, of No. 89 Bleecker street; I went alone to the picnic of the Staniey Association, but returned with them, and met m father at the door; Thomas Hembsby was with me; I had some trouble about a woman with m: father that night, and I went out saying I woul get oie with him; I got up the next morning at little past six; James woke me up and said, “Come oat here, this old son of a b—h is growling again;” I then puton my pants, and I went out and asked my tather as to what the noise was about; he ordered me out of the house; Jim then said, says he, “Let’s put the old son of a b—h out,” and I said, says I, “Let’s throw him down stairs ;” lsaw my father come with a slat; I then took up a table knife and struck him op the head; I felt something sticking me and ran out; James would always interfere when my father would put in a word; I have often threatened my father; so has James; 1 was taken away ona stretcher after supporting James on the stairs till he was dead; I never had much trouble with my father, that is, no fight; I did not see my father have a knife betore; James often had troubie with my father; two years ago he took a sword to my sather and chased him out of the house with it; my father never com- lained of me at Vourt, but did of my brother lames for disobedience, running away and firing a stone at him; the sword is now in the hands of Captain Garland; ill-feeling existed between my father, James and ny grandmother, STH BRODERICK testifed—My name is Catharine Broderick; live at No, 81 Carmine street; deceased was my brother; I Joun'y ae re my mother Cd et] ‘, Af uence oF I en Wwe Bins k trot tI pluto: \tavtn bbort H q t past one when I got home; I went to bed; heard no trouble between my father and brothers; Ret up at a quarter to six; | work at No. 92 White street, at bustle making; I was dressing myself when I heard some trouble between my grand. mother and father; I heard him complaining about & button which was to have been sewed on his pantas Theard him tell grandmother that he had old Clara toput the button on; I went outside and told Clara to wake up James and John, ana I heard them come in; grandmother was putting on her petticoat; when I told Clara to wake up Jimmy I said, “Or else there might be a murder;” I heard Jimmy threaten to shoot my father before, and grandmother used to talk ugly to my father; my iather pushed my grandmother over and she fell on the bed; Clara then went and Woke them up: John came in first, Jimmy was about a yard behind bim; John saton a chair by the table; Jimmy was pulling on his shoes; trouble commenced when I went out to comb my hair; 1 heard John caliing for Jimmy, but I did not see the Tow; wauen I went into the room Lsaw the knife in papa's hand; | and father were re toge- ther and striking out at one apother ‘ayed in the room until Jimmy came into the hall; he went down stairs and said quickly, “1 am gone, Kate; when le reached the second flight he turned ground and sat down; then I call and asked him if he was dying, and he said, ‘God help her father’s hands the morning of the My brother conor gave it tomy father one we: before: | have told ali | know; I saw James wit fy — ee ts my father; he nad tt over father’s head; afraid to go near; I don’t know what became ot the club; I did not see any vlood until Jimmy! got down stairs; I did not see sham coreg Sie} club before; 1 heard Jimmy two or ti so} threaten to shoot my father; when the boys wergi ‘at work everything Went on peaceably at the nouseg, and father was always qutet. CLARA BRODERICK ¥ testified—Liye at No. 61 Carmine strect ; Tam etehs, teen years of age ; got up on Friday morning at hair areas otid nok porto tus plone; my father, t that time; I did not go e picnic; x fine if 1 had sewed the but ‘Was up at six; he asked ton on his pants; I said I had forgotten; he said q was too forgetful; my grandmother said to father that there was no use in saying this; I thei went out, and in @ moment heard iny grandmothe! “holler ;? I went and called James, and told hi to get UP, that breakfast was ready; we had th breakiast table in the kitchen; then.the boy: came in, John first: father was scoldin, andmother because she was always-interiem ig; James said to John, “The old son of @ b—! is Scolaing, aud John said, “Let's throw. the ol b—r down statrs;” mother then called on Johny to be still; James then hearing the scolding go o! ow up and went and got the club and went for father; my father had the slat aud 1 saw Jonna have the table knife raised to my father; John took the slat from my father and then James ran over, and hit father twice on the head with the club; hn ay from James; my. fath: then, struck James, butI did not see any knife John followed; James went Where James Was and I was’ at the foot. of the stairs; I ram James say, “I am gone; remembe! Br Ok See ry Ssbve? aaaetnal Knife ‘in my per hasnt: , ave hear that rommy, ve atades ite pny Aa home at of the trouble; ve ti 4 know; all wont on ‘when-my her were not at home; James avery bad whenever James heard father sc she woul threaten to shoot ory grznny was in the bed-, room; when I took the clu! James I put it im my bureau drawer; itis there now; t saw James melt tead and put it in the club; it was Tommy a I dia not see the club for @ gentieman down stairs; T try to use the Slub on father bene; Yd wate t Af to the pic 22 vlulay, Whe inthe fo the 105 , Oo my father was chasti children, sald, “Stop doing thi of bon, and het dised the gla to away from gon o} en raised father; fathersaid that he had no call to interfere! between him and his children; when there was.na. drink ip the house there was no trouble, THE PELLIOIDE’S STORY. ‘ Michael ©. Broderick led:—Am & truck ariver for Mr. Bunter, in Jones streot; I lived at 84} Carmine street; arene was son; I went home Thursday night and knew the family waa foing. to the picnics I then told Clara to put the: utton on the pants; after I put the little girl ta bed I went down to the door and waited for my wife; When they came home we sent for som lager; John was witn them; he isa bad boy an doesn’t live there; he asked me for my pipe told him that he should not nave it, and he sa{d he’d get square with me; he slept there. in spite of me James took him in I suppose; the next mor! woke tp and found the button was not ont pants, and I told my wife about the button; my’ Mother-inlaw began Tee and I told her to bey juiet; my wife sewed the ‘putton and I took my; ‘nife out to cut the thread; I then gave hera push, and she tell back on the bed; Join then came in and gat | dows, ‘aud James stood up; they came out of the entry. * \ ‘Goroner (showing the knife) —Is this the knife? Prisoner—It is the kuife. f Broderick then repeated the vile terms in which: his sons spoke of him, and continued:—I took the silat which had fallen from the bed and started tq ut John out; I had the knife in my hand to cut: je thread and the slat; John then took:a table’ knife; John then struck at me with the kaife, and made this mark (prisoner showed a@ long, diag« onal scratch in middle breast) ; then James came with the club and ‘struck mo twice on.the head then the scuffle took place ; all i know is that what I did was in self-defence, and I did it to protect my re own life; .they were ‘two desperate boys; I my knife to save myself; I did not know James wasdead until you told me in the ai house; that is all I wish to say about it; James at tempted to cut me in two with @ sword two year 980; ; ne sword is in the Twenty-elghth precinct stag, OPFIOER BIKER testified :—About palcpeat six Officer Malarkey an sel were in Carmine street, near Bedford; citizen. came and met us and said a man hi stabbed two men over Tully’s liquor store; wi went down there and through the hall; we sa’ John and James; John stood at the door with hi hand on his side, and James was lying on the oud floor; when we reached the platform of th flith floor Michael came out, with coat on arm; I sald, “Did you do this?’ he said, “I wi drove to it;” I asked him where the knife was, an he put his band in his pocket and gave it tu me he told me the circumstances about taking it ou! of his pocket to cut thread with, when he was set upon and had to use it; we then took him to station house, The testimony in the case here closed, and Cor ner Young briefly addressed the Jury, Instractin them that they were not the triers of the accuse but that all they had to do was to decide as to ho the deceased came to his death, and at whos han The degree of guilt was to be DECIDED BY ANOTHER TRIBUNAL, If they had doubts that Broderick stinaed i the stab wounds then they should so find, but they were satisflea of they could bring tn verdict to this etfect. The jury then retired and rematned out abou€ fifteen minutes. Inthe meantime the wife wen! over and talked to her husband. The latter wept. Then John, the son, sat down beside him an spoke for a few moments in a low tone, until ad vised by counsel not to remain any longer. Th entenie cordiale between father and son seeme complete. WHEN THE JURY RETURNED there was a moment of intense suspense, ; “Have you agreed oi & verdict?” asked Coronet oung. 3 “We have,” answered the foreman. “We fing that James W. Broderick came to his death by tw stab wounds inflicted by his father, Michael Broderick, at No, 81 Carmine street, on the morn. ing of the 22d inst.; and we further belleve tu: the said wounds were inflicted by Michael Broderic in self-defence and when he believed his life to b in danger.” ba Mr. Schwab then made a motion to have that ee discharged, and, failing in this, to hav iim admitted to as Uttle ball as possible, as thi family was poor and the father was its sole support Coroner Young said he could not entertain th motion for discharge, but would admit to bail; a1 present he could not say how much, but he woul ut it within the means of the prisoner. He woul lecide in the morning, and in the meanwhile woul: commit the fatber to the Tombe and the gon Jol to the hospital to await his decision. The ae was then Phil and th rncees thanked the jury for their verdict, The he usual family scone took place. . A BANE DEFALCATION. The National Exchange Bank of Alban $40,840 Defictent=The Money Loaned om Defective Security. ‘ ALBANY, N, Y¥., August 25, 1873, ; For the past few days rumors have been quiet! circulated among the directors of the Nation: Albany Exchange Bank of a large deficiency 1! their cash assets, and that the persons charge: with taking the fands were Charles P. Grant, o/ Waterford, teller, and William H. Paddock, asstst ant teller, Calling on Cashier Williams, I was told! that an examination of the affairs of the institu tion shows that $40,840 are missing, and that it i: supposed the parties named above have use: the funds. i@ cashier further stated that @ more careful and thorough investigation of th books is in progress, and that in a few days a more} Saale statement can be given. Both Grant's and Paddock’s connection with the bank was severed atew days ago. Grant told the bank officers: that the amount was loaned to parties who ara! good for tt, and he has left the city to see them, Paddock’s friends assert that he only owes tha) ae cr pel ee eg gs cy Pad« ck’s 3 tite © posi tion he gave £5,008 Bonds, 80 That tl inter wil more cover the amount charged to him. Grant's bonds are for only $13,000, and the bank’ May lose the remainder, @ institution has a! ind of $140,000, so that its capital will now be impaired. } It is thought the missing funds were loaned to; the Salamander Felting Company, of Troy, of whicia! Grant was one of the oficers. Both teiters ar young men and married, Grant is very respoct-| ably connected in Waterford, and was supposed ta possess ample means, The affair has caused ‘eat amount of gossip, as both Roved in high octal viral es. Lae les WHO WILL BE BROOKLYN'S POLICE SUPER.’ INTENDENT? This ts a question which just now gives @ great i deal of food for consideration to the members the Brooklyn Board of Police Commissioners, and| to General Jourdan, their President, in particular. , Patrick Campbell, the ex-Chief, it transpires, had) been objectionable to the President,from the first,, inasmuch as he considered him unfit for the office. Commissioner Briggs, the democratic member of, the Board, the minority side, declared that the ex-' Chief would compare in point of ay, and) executive ability with any Ohief of Police in the United states, He however, to con-' vince the military head. of tl com! ton of the cogency of his argument im defence of ‘ the deposed offictal, who claims to have been dis- missed for no other reason save that he wounded} the pride and ambition of ot Jourdan by} having successfully worked to effect the arrest of; Kate Stoddard, in a groove other than the course, mother!” I ran down stairs for a doctor; John was taiki in the street; I ran tor Dr. Knox, and to for some e me, 6 I'm almost myself!” I did not sce father after that; I 0 eae a father's hand, bat I did not see had been troubie between Jonn end inter peonuse John drank. advised by his superior. Inspector John 8. Folk: still fills the office of Acting Su; rintendent pends ing the accey ones of the ion by ex-Detecti i) lew Yor! Podonorat, Jourdan ‘ee Sampson, i to reply to aetna ox chee rtrtng are te matyer wity the public and abide decision, = *