The New York Herald Newspaper, September 3, 1873, Page 4

ES ak NEW YORK HERALD, WEDNESDAY, S. q EPTEMBER 3, 1873. Governor Walker, of Virginia, Not Afraid of the Man on Horseback. FAITH IN THE ANGLO-SAXON RACE. Views of C, M. Conrad, Ex-Secretary of War and Ex-Rebel. THE DANGER OF A THIRD TERM. ‘Republics Rarely Foresee Misfortunes in Time to Avoid Them.” JEFF DAVIS DENOUNCED. Greenbrier county, West Va., August 27, 1873. ‘The handsomest Governor in the Union and the handsomest man now at the Springs ia Gilbert C. Walker, Since his election in 1869, he has admin- istered the government of the Old Dominion with Buch distinguished ability, satisfaction to the peo- Ple and with such credit to himself, that there is at present a strong and popular disposition to reward bim with the United States Senatorship, to succeed John F. Lewis in 1874. I founa the Governor taking ft easy in ap arm chair, at his rooms, his feet rest- ing, in true American style, on another chair. Iwas Cordially received, and after a few commonplace remarks opened the conversation. CoRRESPONDENT—What is your opinion of the HERALD’s discussion of Cesarism? Governor WALKER—I think it will be productive of great good. Any discussion which arouses the attention of the people, and warns them of dangers depending, must necessarily prove beneficial. It is the “ounce of prevention.” CORRESPONDENT—Do you believe the republican party will nominate and elect General Grant? Governor WALKER—No. CORRESPONDENT—In your estimation, is there any real danger of the establishment o! despotism el ire? “Governor WALKER—No. I have the most abid- WHiITs SULPHUR SPRINGS, } in, CONFIDENCE IN THE FREEDOM-LOVING AND INDE- PENDENT SPIRIT of the Anglo-Saxon race. it never has and never will submit to tyranny or despotism of any charac- ter for any length oi time. Through supineness or Inanition, or in the presence of overshadowing dangers, it has at times permitted encroachments ‘upon its liberties; but by revolution or other means they were cre long reasserted and vindicated, and 80 it will be in the juture, What the HERALD styles “Cesarism’” is and wilt be impossibie in America $o long as the Angio-Saxon element predominates. GRANT NO CESAR. CoRRESPONDENT—From what you know of Gen- eral Grant do you believe he is ambitious enough vo fo a dictatorship or to assume the rdle of a wesar’ Governor WALKER—NO; I have ‘no doubt there are those in his party and about him who would advise him to such a step if place and power could thereby be assured them, but these numbers are not formidabie, and General Grant is not the man to attempt such ardle. I have heartily approved some acts of his administration, and as heartily condemned others, He has made grave mistakes, but Ihave been charitable enough to believe that atest errors were move the result of the bad gdvice given him than of his own inherent defects of judgment and conscience. In other woras, I believe that if General Grant would oftener act apon the dictates of his own head and heart, he would commit fewer mistakes. He could not play the role ofa despot in this country if he woul and, I think, he has the sense to see it; nor do believe he has ever seriously contemplated it. Views of Ex-Secretary ot War Conrad. ©. M. Conrad, formerly of Louisiana, now of Vir. yinia, an ex-Secretary of War of the United States and ex-member of both the Federal and Confed- trate Congresses, arrived here to-day, and being talled upon by a HERALD representative agreed to sive his views on the subject of Cesarism. CoRRESPrONDENT—What are your ideas of the pro- posed third term Jor General Grant, and of the dis- bussion on that subject recently published in the zw York HERALD and other newspapers? Mr. Conrap—I have read the articles in the GERALD to which you refer, but having seen nothing to induce me to believe that General Grant or bis friends desired his re-election 1 have paid very littie attention to the subject. CoORRESPONDENT—Should General Grant disre- gard the precedent set by Washington, and ob- served by his successors, and have himself elected for a third term, do you consider that would be a step towards Caxsarism ? Mr. Conrap—Ii such an attempt should be made, And be successful, it would certainly be a very un- fortunate event. It has long been a subject of re- §ret that the President was not restricted by the constitution to a single term, even if the duration ofthe term had been made longer. It has long been obvious to ail who have attentively bbserved the workings of the government, that its action, even in regard to important matters, has frequently becn influenced by the DESIRE OF THE PRESIDENT TO SECURE HIS RE- ELECTION, with the aid of a party, backed by the immense patronage at his disposal and the vast expendi- tures of the government, will always be an easy task. In fact, when a man is once in possession of the office he can convert it into a stronghold from which it is dificult to dislodge him. Unless, there- fore, some limit is prescribed to this occupation, either Med the organic law or by a public opinion as imperative as a law, an unscrupulous President could generally prolong bis term of office to last for lfe. In this way the government would degene- rate into that worst of all forms of government, AN ELECTIVE MONARCHY. The mischievous tendency of such a system was foreseen by General Washington and he declined are-election, His successors have imitated that example o! self-abnegation, and the limitation of the President to two terms may now be said to be & part of the unwritten law of the land. I will Not ailirm that a departure trom this usage wouid be astep towards empire, but no one will deny that, taken in connection with the increased patronage of the President, the practice Low nctioned by usage of using that patronage in rewarding, not public, but purely political services, together with the increased influence exercised of late years by the Executive over the legislative ranch of the government, such a departure would form a dangerous precedent, CORRESPONDENT—If General Grant could success- folly establish an empire, is 1t your opinion that the people of the North would submit to the loss of their liberties, and how would the Southern people regard the change? r. CONRAD—I have not sufficient opportunity to judge of the temper and feeling of the Northern people to form an opinion as to what their action would be inthe probavie contingency to which ou refer. I must say, however, 1 do not be- lieve the time has come, if it ever shall come, when they wii] be ripe for a monarchical government. With regard to the people of the South, I can speak with more assurance. You are aware that jor many ears the Southern people have been forewarned by many of their most trusted leaders and states men that the federal government Was rapidly tend- dng towards consolidation and A CENTRAL DESPOTISM. This opinion vecame very prevuient among them, and, to avoid this supposed danger and what they considered their constitutional rights, they made ‘one desperate effort. They failed in that effort, and not only brought upon themselves untold and ned calamities, but have been reviled and treated as criminais; they have, therefore, had enough of resistance to government; they have had no reason of late years to consider the present form of government as pecuilarfy fruitful of biess- inga to themselves; nevertheless, many of them would no doubt deplore the downlail of a republic which they have long cherished, but believing that any effort on their part to prevent such event would only hasten its accomplishment, they would hesitate to interfere. On the other hand, severai of thuse States would welcome almost y government in exchange for the tgnorant, cor- rupt and rapacious mobs called Legisiatures, to which they are now subjected. My opinion, there- fore, is that Uf the contingency you mention should occur, that the Southeru States would be content to leave the destinies of the Repubite in the bands Where they now gre—those of! the Northern States—and that if, at this time, they should desire to establish an empire, with General Grant or any one ele at ite head, they would encounter BUT LITTLE OR NO RESISTANCE AT THE SOUTH, CORRESPONDENT—Do you see no prospect in the ture Of a return to the ancient constitutional hts and doctrines of the founders of the Repuo- and if 80, in what way ? r. CONRAD—If there be a practicable remedy for evils of the times it requires @ wiser head mine to discover it. In my opinion (but I W it is an unfashionable one) universal eu! e, hich our government bas been changed {rom & ublic to @ pure democracy, is responsible for much of it, But, whatever be the cause, how could AM betign, Sustguneed by pl) oupward signs of prosperity, in: Tapidly in wealth and power, Victorious‘abroad, crlumphaut toa f civil war at home, be persu: that their very suc- cesses are sowl the seeds of disturbance, per- haps revolution, in CE pect system? Repub- lics rarely foresee misfortunes in time to avert them, apenas 1s their only teacher, Ithanked Mr. Conrad, and our interview ended. SRFF DAVIS? SPEBCH. All of the leading officers of the late Confederacy, including Generals Beauregard, Gordon, L4ll; McCauseland, bed and other: deplore the utter- ances of Mr. Jefferson Davis lately at the Mont- gomery White Sulphur Springs. They regard it as imdiscreet, unfortunate and not at ail representa- tive of Southern sentiment; and they regret tha unlike General Lee, Mr. Davis has not maintaine: his self-respect and dignity by a solemn and tm- pecrurnanse silence on all matters that pertained 0 politics. Were it not for a personal regard and, in some instances, a personal friendship for the late leader of the “lost cause,” these gentlemen would denounce in strong terms the foolisn speech velore the Southern Historical Society. Views of Ex-Governor Aiken—A Onc- Term System the True Safeguard Against Crosarism. The ex-Governor of South Carolina was called upon by the HERALD reporter in the parlor of the Spingler House, and readily consented to give his Wews on Cxsarism, “The fact is,” said he, “I suppose the agitation of the subject may do much good, and certainly it can do no harm. The people of this country shuuld be kept awake to all the exigencies threaten- ing the Republic. CONSPIRACIBS ARE ONLY DANGEROUS when carried on in the dark, and the light of a fnew spaper like the HERALD on such dark designs as Cxesarisin will destroy tt.” “Do you think President Grant a man of shrewdness and stamina enough to venture on such a measure t”” “Oh, yes! 1 think he is shrewder than we give him credit for; but the American people are much shrewder. They will not permit any overturning of our republican institutions !"” “Do you think A THIRD ELECTION will indicate @ march toward monarchy ?” “Yes, anda very long step that way, too, The two-term precedent has been so firmly established that a third term at this time will mark a wide divergence from established views and prepare the country for the final step. We ought to have a seven years’ term, and no eligibility for a re-elec- tion, 1t would be our wisest course. The con- stantly recurring tumult of the Presidential elec- tion is a great trouble to many sincerely republican citizens, who prefer neverthiess a stronger govern- ment to the turbulence of every tour years.” “Are we not TENDING GRADUALLY towards a stronger goverument?”’ “Undoubtedly. And the great capitalists and rich corporations wish it. Tne government has already become almost paternal, and | think if Jackson were in thechair and had not his very strong sense of duty to stay him, we might find ourselves ia the midst of very lively times, If he had # sharp and clever son to succeed him he might spring the coup d'état upon us. But I doubt if Grant has the clear-headed villany needed to carry out the operation.” “What do THE SOUTHERN PEOPLE think of Cesarism?”? “They do not care a fig what sort of a govern- ment the government at Washington is—not a fig. They have been so completely shut off from all par- ticipation in it that if it were made @ monarchy to- morrow very few of them would express either surprise or interest. For myself I claim to be a thorough American, and shall always hope that our experiment of republican government, if ex- periment it may be called after nearly a hundrea Years Of trial, Shall succeed and be great and glo- rious. We have a continent as broad almost as the lace of Europe, with all the variecies of climates in it, and all varieties of people, and we ought not to be surprised if differences arise and petty sectional jealousies assail us, But these ought not to be the WORST EVILS TO BE APPREHENDED. The great working mass of Americans are not likeiy to give up their right to the ballot just when Monarchical nations are consenting to give that Tight to their working classes, and, talk as we may Ol corporations, cliques, rings and politicians, the working and the agricultural classes rule this country. So I think the danger of Cxsarism lies only in its concealment, and when it ts forced into the pee light of day by the very powerful refector which, | must admit, the HERALD casts ‘upon it, its dangerous elements evaporate.” The Governor having no additional views to offer upon the subject, the HERALD reporter thanked him and retired, PRESS OPINIONS. (From the Memphis Appeal, August 21.) The New YORK HERALD 18 surprised to find the South kindly disposed to the proposition to estab- lish the empire. Grant’s 60,000 office- holders and the hideously governed Southern States concur in seeking this one desideratum. Southern people, of all things in government, pre- fer absolute local, State and municipal treedom and independence, and the next best system of ruling is that of an imperial autocracy. The govern- ment of unrestrained majorities is worse in man; portions of the South, as society is now organized, than the veriest despotism, and thereiere the Heratp js not grievousiy,mistaken, Grant leads the negroes because the negroes think that Grant detests the white people, and these whites will co-operate with Grant's imperialists in the negro- governed States, because negro governments, as In Louisiana and South Carolina, are simpiy in- tolerable. [From the Sacramento Union, August 16.] A parallel between an American President and the first real Emperor of Rome shows that it is casier for the President without violation of law to take to himself the sule governing power than it was for Octavius to do so, The Roman law care- fully regulated the term of the consular office, and was as careful to keep the powers of one office separate from all the others. Our constitution does not prevent a President from being elected as often as the people please to elect him; or rather, we should say, as often as the parasites, the federal brigade, the corporations and the demagogues may agree to force his election. True it is a violation of prescription, but not of law. When the Senate and his flatterers, at the in- stance of Augustus, extended his consular office jor six, then for ten years, aud finally for life, with power to nominate his colleague, they violated every time an ancient law of the Republic, as sacred to them as any constitutional provision istous. And yet, when itis demanded that our constitution shall limit the power of a President to one term, or at least prohibit a third term, the parasites and flatterers denounce the demand as Scandalous, and gravely tell us that the people ougnt to bave a Cesar if they want one, The men who say this well know the people do not want a Cwesar; well know that a Cwsar in this country would run against more daggers than the first one did in Rome. They speak only for the army who hold office, the ri nobs who have learned to love monarchy in Paris and in England, and the Swiss brigade, always ready to sell out their country and the liberty of the people for a price.” These are not the people; and when any President ts presented for a third term and so becomes the representative of Owsar- ism in America he willbe apt to make the discovery that past popularity 1s not enough to enable any man to succeed at the game Octavius played on the Republic of Rome, There is one aspect of this sudject to which attention cannot be too often calied. We have presented it beiore, and we shall never fall to present it again and again, as olten as the occasion demands or the subject comes up tor discussion, in these columns, We mean the impulse that is given to the idea of Cwesarism by the cor- ruptions and treachery of legisiative oficers—State and national. It was this that led Augustus to ab solute power in Rome, Cromwell in England and Napoleon in France ; and if we ever are cursed with @ brood of kings or emperors in the United States we shall obtain them from the same infamous cause, (From the New Orleans Herald (democratic), August 20.) It is no longer to be disguised that the peopie of the South generally, and of this State particularly, are quite indifferent, if not favorably inclined, to the scheme of continuing Grant in the Presidency for another term, Cwsarism and centralism have no terrors to them in the desolate condition to which they have been brought by the vain efforts te arrest their march. If their situation can be alleviated, and there scems to be no other hope, by @ submission to any extension and increase of the power of the federal government they wiil do more than jicld such submission—the: will rejoice in it. We cheertully surrender a claims to any political influence or participation In the political controversies end party contests in the nation thereby we can navi rights secured as they are in the empires and mon- archies of the Old World. Grant may trecly seize the seeptre, if he will only wield it ior our protee- tion inst outrages, wrongs and desoiation, such 4 no despot, in modern times, has dared to inflict pon a@ civilized people. Protect us trom the crush- ing taxation, the wide-spread corruption, the spo- liation and confiscation which are rapidiy sapping the foundations of our society and vonsigning our people to poverty ani desolation. Save us froma government Of semi-bar' 8 negroes and auda- cious adventurers, who have descended upot fair Stave as the Goths and Vandals swept through Italy in the Middle Ages. and we staad ready tq our personal | sign away our birth tas American citizens and renounce our poli! iIranchises, {From the [Tarboro (N. C.) Enquirer, August 23.] When we look back upon the numerous republics that have once existed, from early historic perioas to the more recent ones of England, France and Spain, and mark their common instability and gradual mutations we are almost forced to the con- clusion, arrived at by so many political philoso- phers, that men cannot govern themselves, and that republics are a fatiure. Upon this subject Lord Lytton, in one of bis last novels, says that republics are always destroyed by their success, So long as it is small and weak tt {s free; but when it has become a vast power and individuals havo accumulated immense private wealth, when luxury and extravagance have taken the place of primi- tive simplicity, then power is concentrated in the hands of a few, the voice of the mass ts disregarded and an end of the government is imminent. If, then, we value the vernment of our fathers, bought with toil ‘and. blood, and under which so much liberty has been enjoyed, and desire to show the world that Americans at least are capable of sel!-government, let us constantly oppose the popular tide of centralization and stand by the constitution of our country. The United States might ee. power and become a stronger govern- ment by tucreasing the jurisdiction of Congress, but it 18 not that that we want, We want the gov- ernment in its purity—a@ free, republican goveyn- ment. FRENCH OPINIONS. [From La Patrie—monarchical paper]. It is the destiny of nations to have at certain moments a fatal resemblance to one another. Even those who differ in race, language and cus- toms meet at a given time on the same road lead- ing to the same end, This truth, which has been amply proved by the philosophy of history, has at present a new application. One has but to look to the United States to be convinced of it, There wo have surely the model Republic. To listen to the men belonging to the French opposition, the American Republic is the model of all nations. It has but one end—liberty. Morality there is purer than in any other part of the world. The air which one breathes there is—to employ the usual phrase of those gentlemen—‘an air impregnated with grandeur.” The institutions there are up to the height of the men who created them. It is not in that privileged country that are to be met monstrous abuses 0! power, flagrant breaches of law—tyrannical engines which in all times have dishonored European monarchies. Thus say the French republicans, not only the violent radicals, but also the moderate Left Centre. To believe them, the United States of America had suppressed permanent armies, forced taxes—in fact, all these old-fashioned institutions of the world gone by. The free American Kepublic was marching at the head of progress, Be it so. But let us be permitted to cast a glance at the nation whicn they are boasting about. At this very time when those gentlemen are indicating to the French nation the way of salvation in the republican form of government, at this time it is well to look alittle at the America of 1873, which is only the phantom of the America ch Ore The day {s not distant when a Owsar will rule on the other side of the Atlantic. Let not the republicans think this an exaggeration. A glance at the American journals will prove it. Open the New YORK HERALD of July 25, 1873, and you will read these lines:—‘“It is sch men who have ren- dered possible Cxsarism in Rome and who have lowered the standard of our morality. The ques- tion that ought to engross our attention is, Shall we have the Cwsarism of the Repubjic? That is what interests us and our children.”” That article of the New York HERALD is one of the most remarkable that has ever been published and hasa terrible significance, and it is not the 1so- lated opinion of a single journal, The constant and all-absorbing topic of American journals, then, is Cesarism. They see it growing, growing. . Grant has already been elected twice President of tne United States. He will be elected a third time. Let not, however, this be considered as the result of universal suffrage, tor the party which has put Gencral Grant in power has the means to name its own overtures. The republican party of the Unitea States has understood that decentralization is always op- posed to the triumph of Casarism, which it wants to inaugurate. lence at the present time it is practising centralization on a large scale. The South is treated as a conquered country, so much so that the NEw YORK HERALD, which Is, however, anti-Southern in its opinions, says with regard to that vanquished section, whence the re- puolicans of Washington extort all the money they can lay hold on:—‘Let fs be sure that in saving the Union we have not added a Poland or an lre- land to our States.” The United States have already their Poland. Very shortly they will be Russia, Such are the events that are ‘passing in free America; to this has come their liberty and the se- curity of’ citizens, The government, as the last re- sort, decides everything, the public affairs as well as the private. To make itseif obeyed it has the bayonets of soldiers. RODMAN NOT BAILED, The Brooklyn Banks Called Upon for a Statement of City, Moneys on Deposit. The friends of ex-Deputy Treasurer Marvin T. Rodman have not yet returned to town to enter into bail bonds for his liberation pending the trial. This apparent desertion in the severe hour of tripulation is deeply felt by the defaulting financier, who is now languishing in the Raymond Street Jaii awaiting the action of the Grand Jury, which will meet in about ten days, He wiil probably be tried in November next. The accountant, Mr. Warren, is now engaged in ascertaining in whatamounts the stolen money was taken from the treasury and what was done with it. The City Treasurer, Mr. Cortland A. Sprague, put in an ap- earance yesterday at his desk in the oMce ot the ‘ooklyn ‘Trust Company, having partially re- covered from the attack of illness by which he was overtaken upon the public erposd of the defaica- tion of hts late deputy last week. ‘The bank presidents of Broo city Money On deposit, positiv sert that every- thing conhected with their in ‘ions is perfeetly correct, and add that it would pe impossibie to , Who hola the draw money fiom the bank aiter it las been de- posited by the city save upon warrant bearing the signatures of the Mayor, Comptroller, Treasurer and City Cierk. The subjoined circular was re- ceived by the several banks yesterday morning :— Orrick or Wiutiaw E, Wankex, Punic Accountant, 39 Nassau Street, COnvin of Linkury, New Youk, Sept. 1, 1573. Dear Sin—Having been officially requested to make further examination of the accounts ot the Treasury of Brooklyn, L am desirous of obtaining irom you a certified Statement of the balances of public money on deposit with your bank to the credit he * y Tr of Brooklyn,” the the 01 lector tion,” or Ta: Educ rs i ni also the agkregate belonging to the c ot business on the i e in the years 1809, 1870, 1871, 1872 and 1473 respectively. May I ‘ask oi you the favor to send me such a statement at your earliest con- pace to the Comptroller's office, Brooklyn’ T have made a similar request of ositories of public money. Respectful: WARREN. To the Castixe of the Bank, EX-FIRE COMMISSIONER M'LAUGHLIN'S ACCOUNT, The ex-Treasurer of the Brooklyn Fire Commis- stoners, Mr. Hugh McLaughiin, who was notified on Saturday last by Comprrollet Schroeder to hand over $8,000, ¢! interest on certain money held by him belonging to the Fire Department tund of the city, has not yet complied with the demand, He claims that he is now engaged in making up his statement as treasurer of the Department, when that labor is done he will send to the ¢ troller. The interest will be turned in then, Comptroller was under the im Fire Department had clos old system—a very nati ing that two weeks ago he r communication fro Fire Commissioners Fire Derantwest Heanavantens, BROOKLYN, August 13, 1973, 4» H8q., Cor . lupposition, consider. sived the following the President of the Board of remains to the ere the Treas- o Commissioners, by the sot the De- r mm 991." The Board have this d audited blilg which were incurred previou He pay to th rs Sage of the Charter to the amount of $6,718 SY and’ hkve reserved to pay bills which thay be. outstanding the OF $1,277 69. The Treasurer o the Department han tean directed by resolution of the Board to deposit with the ‘Treasurer of the city the balance—to wit: sum ot —and also uny balance which may be leitof the sum set aside to mect outstanding obligatons—to wit: $!,277 69. Ut the sum deposited $1,133 29 is held as sec rity for the return of badges buttons and copies of the rules of the Department issued to members ot the force and such other parties as hold Department badges. A separate account of this sum must be Kept, a turn of bad, buttons or rules, as the o: Moneys must be refunded. Respecttully FS. MA WHY RODMAN IS KEPT IN JAIL, Tt is said in certain well informed circles that Rodman has monev amounting to thousands of dollars, and that the report of Ms being poverty- stricken is only a ruse on his part to hold on to what he has got. On the other hand those who were acting in league with him in robbing the city treas- ury are desirous of having him disgorge, in order to make good a portion of their losses through, his buaginy rosnere and indiscretion, It is asserted that Rodman will have to remain in jail until he puts his “friends in peculatiou” in possession of | ane to his money chest. This he is not disposed 0 U0. KILLED ON THE HARLEM RAILROAD, At Tuckahoe, Westchester county, yesterday, an aged woman named Hopkins, wife of a farmer living at that place, was struck and instantly killed by the Harlem Railroad express train, due in this city at eleven o'clock A.M. Deceased, it appears, was Walking on the track and had stepped out of the way of a passing freight train when she was struck by the Jocomotive of the express. Coroner Meeks Was notified, Deveased wag about sixty- | ave years oid, | setusned to the THE COURTS. SALARY GRAB BY THE SUPERVISORS, Bringing to Test the Question Whether the Supervisors Are Entitled to Extra Pay—The Medium of Test @. Mandamus Against the Comptroller. BUSINESS IN THE OTHER COURTS. More Indicted Murderers and Their Pleas— Trial of Broderick Set Down for Next Month—The Fates Going for Fog- arty—A Man Who Wants His Wife--Mike Norton’s Brother. The Hon. R. R. Nelson, United States Judge for the District of Minnesota, son of ex-Judge Samuel Nelson, of the Supreme Court, visited the United States Courts buildings yesterday. Frederick Henry was yesterday charged, before Commissioner Davenport, with perjury, in swear- ing that he was the father of the boy Jacu» Zippel who had been induced by him to enlist, and who was discharged afew days since by Judge Blatch- ford under a writ of habeas corpus, He was held for examination, As will be seen by the report below, the members of the Board of Aldermen desire also to get pay as members of the Board of Supervisors, Ina test cage, which will determine whether the Super- visors are entitled to an extra salary or not, appll- cation was made yesterday before Judge Fancher, at Supreme Court, Chambers, for a peremptory mandamus against the Comptroller to pay Alder- man Monheimer hus salary as Supervisor. Tne dudge took the papers, and his decision will be looked forward to with interest. Michael C, Broderick was arraigned yesterday in the Court of Oyer and Terminer, to plead to the indictment of murder in the first degree, founda against him by the grand jury. He plead, through his counsel not guilty, and his trial was set down for the next term of the court, SALARY OF SUPERVISORS, An Alderman Mandamusing the Comp- troller for His Pay as Supervisor—Over- hauling the New Charter on the Sub- ject. Application was made yesterday in Supreme Court, Chambers, before Judge Fancher, by ex- Mayor Oakey Hall, fora writ of peremptory man- damus against the Comptroller, directing him to pay Alderman Monheimer his salary as Supervisor jor last April and May, at the rate of $2,000 per annum, For the first three months of the year he was paid his salary as Supervisor by the Comptroller regularly at the rate of compensation stated, as also his sal- ary as Alderman; but on the passage of the new charter Mr. Green rejused to make any jurther payments on account of services as Supervisor, but of course continned payment of salary as Al- derman, regarding which there 18 no dispute. As all the Aldermen are in the same boat and would like exceedingly well to enloy. the pleasing satis- faction of drawing twe salaries, and as the present case is brought forward as @ test one, con- siderable interest naturally attaches to the result. As will be seen, therefore, the present is a mandamus proceeding bringing up tie question whether the new charter has abolishec the salary of Supervisors. That it has abolished it was claimed by the Comptroller’s counsel, Mr. Dean, by operation of the following portion of section 114 of chapter 335, Laws of 1873, otherwise known as the new city charter: “Nor shall any oficer under the city government hold or retain an office under the county government, except when he holds such ofice ex officio by virtue of an act of the Legis- lature, and in such case he sball draw no salary for such ex officio office.” Mr. Hall, for Supervisor Monheimer, argued that this Ils to be interpreted as if the act had said, no Supervisor of the county of New York shali here- aiter receive asalary. He claimed that as faras this section, or any other section, of the new charter is supposed to refer to any county officer, itis unconstitutional, and, to tuat extent, void, as not being germane to the subject of the statute or compreliended in the title. He urged also that the section of the charter referred to is an amendment of the law of the municipal Corporation of New York, in the sense used in the opinion of the Court. of Appeals in the Briggs case, 50 N. Y., 562,when it says: “Only matters comprehended in the func. tions of the corporation can come into the bill, be- cause of its title and local character.” This case related to the Rochester city charter. Mr. Hall further argued that if the Comptroller was right then Recorder Hackett would draw a salary as Supervisor, but no one else of his associates, he not bemg a city officer nor affected by the charter, Mr. Dean contended that the city and county being territorially the same, any local act could embrace both subjects, and that the same property was taxed for both governments, Aitter hearing the argument, which was quite a protracted one, Judge Fancher took the papers, re- Serving his decision. BUSINESS IN THE OTHER COURTS, —__+____ COURT CF OYER AND TERMINER, Arraignment of Broderick and His Plea of Not Guilty—Pieas in Other Homicide Cases—No Escape at Last for Fogarty— The Alleged Bogus Deputy Sheriffs— The Young Man Clark and That Miss- ing Dog. On the reassembling of the Court of Oyer and Terminer yesterday morning—Judge Danicls on the bench—there was the usual large crowd in attendance. The Court, however, has not yet got into such working order as to be able to proceed with trials, but will doubtless within two or three days. Those who were disappointed in not hear- ing detatied evidence revealing crimson crimes felt probably partly compensated in getting a glimpse of Michael C. Broderick, who selected as the victims of his murderous assaults his own sons, He had been indicted for murder in the first degree, and when called upon to plead to the indictment, lus counsel, Nr, M. I’. Howe, inter- posed in his behalf the formal piea, ‘not guilty.” A similar plea was also made by Mr. Howe as counsel ior Gasper Schule, against whom a like tn- dictment had been found for the alleged murder of his wite, Patrick Cassell was also called upon to plead to an indictment of Slaughter in the first degree for killing Peter Wilson. Mr. Howe, who had likewise been retained in this case as counsel, ut in for his client the usual plea of not guilty. Tae trials were all set down for nexta month, The Fates Frown on Fogarty, John Fogarty was brought into Court in obedi- ence to a writ of habeas corpus which had been granted the day previous upon application of his counsel, Mr. William F, Kintzing. Fogarty, it ap- pears, was a man of considerable note at one time in politics, and duriug an election row committed an assault with @ pistol upon one Peter Dister. He was subsequently tried in the Court of General Sessions, before Judge Bedford, at the September term, 1871, convicted and sentenced to a term of imprisonment of eighteen months in the Peniten- tiary. Upon the oth of November following he made his escape, and had been at ake up to June last, when he was recaptured and taken back to the Penitentiary to serve out the balance of his unexpired teri of fifteen months and twenty- seven days. Upon the return Assistant District Attorney Lyons appeared jor the people, and Mr. Kintzing for the prisoner, the latter being accom- anied in Court by his wife, a fine and dashing- looking woman. Mr. Lyons read the return of the Warden, set- ting forth the above facts, and also produced the order of Judge Davis, which had been made when the case was previously before the Court, commit- ting him to the custody of the Warden, ite. Kintzing contended that the return was ta- taily defective, in that the original showed on its face an expiration of his sentence—to wit, on the 22d of March, 1873—and that the order made by Mr. Justice Davis was not valid. He did not dispute the power of a Court, apon information or sugges- tion on behalf of the people, to send ap escaped convict after a trial of the question of his identity and escape back to serve the balance oi an unex- red term. In fact, such @ course was provided tor in the Revised Statutes. ‘The question in this case was as to which is the proper tribunal to issue the order, and whether a Judge of the Supreme Court, sitting at Special Term, has such power. Judge Davis exercised it, and the prisoner is held how by virtue of thatorder. Mr, Kintzing then referred to @ decision at General Term of the Supreme Court in the Third district, where a case like this Was presented to the Court, and where Justice Miller, who wrote the opinion of the Court, held that where a prisoner escapes during the term of his imprisonment and is retaken alter the term for was bap topos! has expired he may be Court which which tate oy sentenced tum for a term equal to the remainder oi the term upon information or sugges- tion on behalf of so people and che trial of the question of his identity and escape. course, he to have been pursued in tl case was to have taken the prisoner into the Court of General sei where he was originally tried, and let that Court have made the order, and then no question could he made as to its legality. Judge Da’ he insisted, nad no right to make the once aaa was without either law or authority, and the prisoner, in the absence of a regular and proper order, was entitied to his discharge. Mr. Lyons seemed surprised at the production of the decision, and endeavored to sustain the action of Judge Davis, and turther insisted that no Judge sitting at Special Term could review the order, but that an appeal should be tuken to the General Term of the Court. Mr. Kintzing said he hoped the gentleman who had been a party to the entry of this order would not take advantage of any technical ground to de- feat this application if the order was improperly entered, Judge Daniels said that he had listened very at- tentively to Mr. Kintzing’s argument, but felt he was bound by Judge Davis’ order, independent of of any views of his own, although so far as he had examined into it he concurred, He regretted ar- rivipg at this conclusion, because he had been called upon in this case by the wife of the prisoner, Who appeared to be @ very estimable person. She stated that sue had married him alter his escape end now was with him en- gaged in business, that since his escape he ad behaved well, and, it appears, had tried to act asa good husband and citizen, and that he was free to say that he believed this a proper case for Executive clemency; iurther, that if he was the sodge who tried him, he would gladly re- commend his pardon. He was sorry, however, but leeling he was bound by the order previously entered he must dismiss the writ and remand the prisoner. After the decision the prisoner was hand- cuffed by the keeper and taken back to the Peni- tentiary, accompanied by hia wile. Much sympathy was felt for the prisover by the spectators in Court, Personating Deputy Sheriffs. A further and more prolonged argument was made by Mr. ‘Abe H. Hummell for John C. Brun and Edward Florence, charged with personating deputy sheriffs and victimizing a poor woman out of $10, under .pretence of having an execution to levy against her, tor which they were convicted in the Court of Special Sessions and sentenced each to the Penitentiary for three months, Great stress was laid on the Ppa as shown in the aflidavit of Under Sherif Joel Stephens, that the accused were deputy sheriffs at the time, Judge Daniels held, however, that he saw no reason jor doubting the validity of the conviction in the Special Sessions, and therefore denied the application to admit them to bail pending the decision on the appeal in the case to the Supreme Court, General Term. That Dog Case. Among the indictments brought in yesterday by the Grand Jury was one of grand larceny against the young man, William Clarke, for the alleged theft of a Skye terrier valued at $180, the full and rather amusing particulars of which have hereto- fore been published in the HERALD. There being no further business, the Court ad- fourned till eleven o’clock this morning. SUPREME COURT—CHAMBERS. A Husband Seeking to Recover His Wife. Before Judge Fancher. In December, 1871, Henry J. Salsbury was mar- ried toa daughter of George H. Nash, but in three weeks she left him and went back to her parents, with whom she has lived ever since, her husband meantime not being allowed to visit or see her. Mr. Salsbury is seeking, through the medium of a writ of habeas corpus, to have bis wife produced in Court and see if thus he cannot again obtain possession ofher. The case came up in this Court yesterday, when it was claimed on behalf of the husband that his wife is under restraint by her parents. In op- position to this an aMidavit of the wife was read, stating that she was compelled to leave her hus- band on account of his beiug unable to support her; that she is under no restraint, and that she does not wish to see her husband and under no circum. stances will live with him again, and, finally, that she is in delicate health and requires the kind parental care she is now receiving, It was claimed on the other side that this was not a@ voluntary aMidavit, and the statement was made that the husband had letters from her ot about the same date full of expressions of ardent altec- tion for him. It was proposed by the husband’s counsel that the former and a physician o1 his se- lection be allowed to visit the wife and ascertain the true state of her health and as to whether she is under restraint or not. ‘Lo this proposition the other side would not concede, and so Judge Fan- cher selected a physician on his own account to visit her, and adjourned the case till this morving for a further hearing. Decisions. Rosa Dittmar ys, Otto Dittmar.—Report of R. C Boamish, referee, confirmed; judgment of divorce granted; custody of iniant child awarded to the plaiutim. Margaretta Oetling vs. Karl Oetling.—Report of L. A. Fuller, referee, confirmed, and judgment of divorce granted. Langbeen vs. Burkle et al.—Judgment of fore- closure and sale granted, Mitchell et al. vs, Risley.—Motion denied, with $10 costs, to abide the event. The Mutual Life Insurance Company of New York vs. J. A. Page et al.—Reierence ordered to compute, with an allowance to plaintiff, &c. ‘The People, &c., Munn vs. Havemeyer, Mayor, et rey pes granted for writ of alternative man- jamus. Biack vs. Funckponser.—Reference ordered to hear and determine the issue of fact. Gambier vs, African Methodist Episcopal Bethel Church et al.—Memoranda tor counsel. Smith vs. Webb.—Motion granted. Lawson et al. vs. Carroll et al.—Motion denied, with $10 costs, to abide the event. Saeller vs. Schmidt, &c.—Motion for reference as to surplus will be granted on production of Cham- be Pee certificate, to be annexed to the aill- avits, Kratchville vs, Brayer.—Motion for short calen- dar granted, Brown vs, Wing.—Memoranda for counsel. SUPREME COURT—SPECIAL TERM. Case of Norton, the Police Court Clerk, Before Judge Monell. The refusal of Judge Daniels at Supreme Court to grant the application made in the case of the Police Court Clerk, John Norton, brother of Mike Norton, did not discourage Mr. William McGrath, his counsel, and he accordingly renewed yester- day the application in this Court. After hearing the facts in the case, as reported in the HERALD at the time of the original application, Judge Mo- nell granted an order restraining the Board of Police Magistrates from proceeding with the trial of Mr. Norton, on the ground of want of jurisdiction, The restraint was in the form of an alternative writ of prohibition, and its subsequent service on the Broad of Police Magistrates as they were busy with their proceedings lor the removal of Mr. Nor- ton took them somewhat by surprise. Decisions. Ry Judge Barbour. Woods vs. Coleman.—Order vacating judgment on conditions. Bremsen vs. Bremsen.—Order directing payment of counsel fee and alimony, and for reterence, Helmbold vs. North Missouri Insurance Com- pany.—Order granted. Fieid vs. Allen et al.—Order granted, COURT OF GENERAL SESSIONS, Grand Larcenics. Before Judge Sutherland, Frank Bayer and Morris Walker yesterday in this Court pleaded guilty to an indict- ment charging them with stealing, on the 19th of August, a gola watch valued at $150, the property of Sarah Berg. They were each sent to the State Prison for three years. James Murphy pleaded guilty to an attempt at grand larceny. On the 10th of last month he stole a silver watch and a suit of clothes belonging to Washington Moran. The sen- tence was two years’ imprisonment in the State Prison. John Henry West was charged with stealing, on the 13th of August, the contents of two trunks containing the wearing apparel of Robert E. Walsh and his wire, valued at $700, The prisoner was arrested in the act of pawning some of the stolen articles, He pleaded guilty to an attempt at grand larceny, and in consequence of his youth was sent to the Penitentiary for two years, Petit Larcenies and Assaults. John Johnston, who, on the 12th of August, stole watch from Ely Banks, valued at $35, pleaded guilty to petit larceny. James Taylor pleaded gnilty to the same grade of crime, the charge against him being that, on the 7th of August, he stole $100 worth of wearing ap- parel, owned by Mary Lee. James J. Rogers and Hugh Brady, indicted pon acharge of robbing John O'Neill, on the 16th ol August, of $18, pleaded gly to assanit and bat- tery. His Honor sald that, after an examination of the case, he was convinced the prisoners were not gulity of the serious charge preferred against then ut that they did strike the complainant. risoners Were each sent to the Peniten- tary for six months, Dante! Connolly, who was charged with pointing @ loaded pistol at Morris Bennett, pleaded guilty to an assault. He was sent to the Penitentiary for three months, Ezra Johnson, indicted for receiving $27 worth of velveteen trimmings, Knowing that the prop- pat, was stolen irom Rudolph Laudener, pleaded guilty to petit larceny, and was sent to the Pent- tentiary for two taontis. The Judge was going to send the boy to the House of Refuge, bat Mr. Price, who defended him, said that he might have to remain there two years before he could get bim out. Michael Farrell and Edward Wade pleaded beet to petit larceny. They were indicted for stealing @ ring, & pocket knife and a pair of sieeve buttons, all valued at $3 60, the property of James L, Bradley. Forgery. James E, Wurteburg pleaded guilty to forgery iy the thira aegrec. Om tne I7tn of August ne pre- sented a forged check for $200, purporting to pe Louis and Charles K: to the teller of the Tradesmen'’s National, Baul was caused his arrest. These prisoners were remanded tor sentence, Alleged Robbery. In the afternoon John Evans, & colored waiter, was put on trial, charged with robbing, in complicity with two men, Christian W. Kote on the nigh of the 4th of July of $100 as he was pass. ing througn South Fifth avenue. Two witnesses for the peuple posttively identify the prisoner, Mr. Kintzing, who deiends him, called his em- ployers, who swore that he was in their saloon at the time the crime is charged to have been com- mitted. The case will be finished to-day, Acquittals, Wm. E. Wade, a truck driver, was honorably aw quitted of a charge of grand larceny. On the 7th of August two barrcls of whiskey were stolen from the premises of John Cregan. The accused satis- fled the jury that he was employed to cart the bar- rels toa liquor store in Monroe street, and gave the officers all the information he could, which sed to the recovery of the rum. Mr, Price, who de- fended him, callea his employer, who gave him an excellent character for honesty, The jury rendered @ verdict of “not guilty” without leaving their seats, John Donahue was also acquitted of a charge of stealing a silver watch from Wm. Norman on the 2ist of July. MARINE COURT--CHAMBERS. By Judge Joachimsen. Bowen vs. 0’Connor.—Answer held to be friw olous and motion granted. Gabriel vs. Ackermann.—Cause advanced and set down for trial for 15th inst. ; ae vs. Russ.—Judgment vacated for irregu- larity. Scherff vs, Wolff,Answer held to be frivolous and motion granted, Gallagher vs. New York Brick Company.—Answer held to be suiticient and motion denied. Farrel vs. King.—Motion to set aside order dis- missing appeal for irregularity granted. Cashel vs. Goldstein and Horton vs, Damman.— Motins to vacate orders of arrest denied. Muiry vs, Welsh.—Motion to set aside judgment granted, Demar vs. Foxwell.—Answer held to be sufficient and motion denied. Stevenson vs. Moore.—Motion to vacate order for examinition of party before trial granted, Pt vs, Mintz.—Ball approved on justifica- lon. JEFFERSON MARKET POLICE COURT. Attempted Burglary. Charles Sims, of No. 132 East Thirty-second street, charged with an attempted burglary on the prem- ises No. 10 East Ninth street, occupled by Henry A. Keer as a dweiling, on the night of the 30th ult., was arraigned before Justice Ledwith, at the Jet ferson Market Police Court, yesterday, aud com- matted without bail to answer, G@ a Larceny. Frank Fieet, of No. 236 Hudson street, was charge® With stealing $30 from William Gordon, of No, 194 Varick street. The complainant testified that the prisoner threw his arms about him, and while hoid- ing him took the money from his pocket, Hela te answer at the General Sessions. COURT CALENDARS—THIS DAY, SupREvE CouRT—CHAMBERS—25, 47, 55, 56, 67, 63, 64, $1, 83, 96, 109, 110, 111. Call 121, CourT OF GENERAL Sessions—Held by Judge Sutherland.—The People vs. John Wise, robbery; Same vs, illiam Burke, John Hennessey, Peter Monahan, John Curtin, James McKenna, Willam H. MeNevin, C. Bainbridge Smith, William E. Reilly and William Hennessy, felonious assault and bat- tery; David Moiony, esterpt at outrage; Joseph Rivers, burglary; James Cahill, James Rellly and Margaret Parrigo, larceny and receiving stolen goods; Samuel Hill, Jacob Schwab and William P. Ruder, grand larceny; George Smith, petit larceny froin the person; Henry Sage, false pretences; John Rourke, receiving stolen goods; Edward Stewart, concealed weapons; Albert B, Smith, petit larceny; Richard Maloney, Jr., assault and battery. BROOKLYN'S JAIL BOTHER, Third Day’s Sitting of the Coe Investie gating Committec—How Many Prison- ers Were in Jail March 15—The She iff’s Bill for Prisoners’ Board Up Again. The third session of the Special Investigating Committee of the Kings County Board of Supervi- sors was held yesterday afternoon, in the Supervi- sors’ room, for the purpose of investigating the charges of maleteasance in office against Sherif Wilhams. Supervisor Coe, Chairman of the Com- mittee, occupied the chair, The Alderman in- quired of the Sheriff how many cells there were in use at the jail for January, February and March, to which the defendant replied there were twenty- eight. There were fourteen cells on each tier. The cells are about eight by twelve feet in size. Mr. A. D, Fenton, of No. 237 Bedford avenue, tea- tified that he visited the Raymond Street Jail be- tween nine and ten o'clock on March 15 last, im company with THE GRAND JURY. Supervisor Coe asked how many prisoners there were at that time in each cell. Objection was made to the question by Counsellor Morris, whe appeared for the Sheriff, on the ground that it was all guess work. Witness continued—There were tio of the cells that had seven prisoners in, and one had five in; the cells appeared generally to be very full; more so than were in accordance with comfort; there were from three to four persons in each cell; there were not more than 100 in the aggregate in the jail, as there were none in the lower tier. The couusel on the cross-examination elicited the fact that witness did not know how many prison- Ca big absent at the Court at the time he visited; e jail. William P. Libby, foreman of tho Grand Jury of March last, testified that on the 15th of that month’ he visited the jail in company with his brother jurors and found there were SEVEN PRISONERS IN ONE CELL and five in another; his recollection concerning the other cells was not very distinct; our report condemned the structure, but not at all the man- agement; the report decricd the building, but not the manager. Supervisor Coz asked, Would it be possible for for eight persons to live inacell? The question was excluded upon the counsel’s objection. Mr. Henry T. Gray, of No. 204 Rutledge street, visited the jall March 15 in company with the Grand Jury, and went all through the male pris- oners’ department; in one cell there were 7, in another 4, and in another 3, and in one other 2 prisoners, while one cell was empty; from 8 to 4 was about the number in the other cells; there were about 112 in the male department of the prison, all told; there were not more than half a dozen in the halls; don’t remember going into the kitchen, or near the wood pile. On the cross-examination witness would not state positively that ne had calculated the correct number of prisoners within twenty-five. His im- pression was that the prisoners were as well taken care of as the circumstances would admiv. William Littell also visited the Raymond Street Jail in company with the Grand Jury March 15, and found that the number ot prisoners in the cells om the two tiers occupied was about four to each cell. Cyrus D, Bunce, Who was also a member of the Grand Jury, testified that he visited the jail om March 15, The counsel said that they will admit all the testimony corroborative of the Grand Jury tn question Le this point, and it was useless to go through the labor of examining them ali. The Chairman replied that if they would admtt there were tour in each cell they might accept that offer, but counsel would do nothing of the kind. ‘The witness then resumed the thread of tis testi- mony, which was siply corroborative of that given by the other jurors. Abraham Ditmas, another juror, was examined, and this ended the examination upon the cell sub- ject. Jailer Howard Conrady testified that there were about twenty men employed daily about the hail, kitchen, boiler room, stable and woodhouse; could not say how many prisoners were sent ou' to the various courts for examination on March 15; have had as many as forty sent to the courts on certain occasions; the commitments are burned, THAT BOAXD BILL AGAIN, ‘The counsel remarked that the bill was before the committee, and there was no use in taking up the time upon that subject. The bill shows thas 27,117 days’ board was an for prisoners in the Sheriff's bill tor January, February and March. ‘The clerk was directed to divide that number by 19 and see how many prisoners it will average per day. The answer given was 301 1-10. The bill for March 15 shows there wore 184 male prisoners tn jail on that day. In sixteen of the cells these must. have been seven prisoners and in twetve six Penanies M lerk of th Charies Mauger, clerk of the committee, testifi that he visited the jail in August, on tne day le charges were made agains} the Sherif. ‘The counsel wanted know how the witness conid tell by the bill how many were out for exam. ination on thatday. The witness could not teit how m: were out for examination on that day. Counsel further contended that when the Grand Jury visited the jail the committee couid not tell how many were out for oxamination, F, L, Jenkins, clerk to the Chief of Police, testi- oan ae ores i Me teal Ra 15 were esponded with the n Vara SS abouee an upervisor Coe said they would give the cor the benefit of the doubt Xe to how wan tees Went io and out on that day. They would estiinate ba. + eet eens aa Tebachne as in jatl ct n adjourned yotii Lext Thare day aiteruoga at three o'clock,