The New York Herald Newspaper, September 6, 1873, Page 8

8 THE COURTS. THE ALDERMEN IN LUCK. ' Getting Extra Salary as Supervisors— Blundering Legislatiog and Its Fruits—Important Cpinion by Judge Fancher. TWO CITY OFFICES AND TWO SALARIES, How the Thing Won’t Work in All Cases— Mr. Nathan’s Claim as One of the Madison Avenue Extension Commissioners. TWEED’S WATER METRES. Fina} Reduction of the Matter to Short Metre-- The Comptroller Has Got to Walk Up to the Chalk Line and Pay. COFFEE AND PISTOLS FOR TWO. The Wall Street Duel in Court—One of the Alleged Seconds Won't Tell What He Knows—Committed for Oontempt. BUSINESS IN THE OTHER COURTS, A suit has been commenced in the United States District Court by the government against William B..& Francis A. Livingstone, importers, No. 3 Broadway, to recover $2,500 for alleged deficiency of duties on imported goods. The capias has been made.returnable on the 12th inst. A suit has also been commenced against Gifford, Sherman & Innis, ‘importers of dye stuffs, 120 William street, to recover $500 for alleged deficiency of duties. The caplas is returnable on the 23d inst. As will be seen by the report below, an im- portant decision was rendered yesterday by Judge Fancher, in Supreme Court Chambers, re arding the question whether members of the Board o! Alder- men are entitled to extra salary as supervisors. It will be seen that he holds that they are, and all through stupid legislative blundering. Ofcourse, the City Fathers will be rejoiced, though the public may not enjoy the joke quite as well. Judge Fancher also yesterday decided the case of ‘the application of Mr. Gratz Nathan for pay as one of the Commissioners of the Madison avenue exten- sion, he having, as heretolore reported, sought to get his pay through mandamusing the Comptroller. Here, too, the principal involved is that of holding twocity offices and drawing two salaries at the same time. As will be seen by the report elsewhere, Mr. Navarro, the water metre man, stands some show of getting nis money. Judge Fancher yesterday granteda mandamus against Commissioner Van Nort, directing him to make a requisition On the Comptroller for the amount, One of the alleged seconds in the Wall street duel has evidently got himself into hot water. Judge Fancher yesterday ordered his commitment Jor contempt of Court in refusing to answer ques- tions put to him by the Grand Jury of the Court of Oyer and Terminer. ALDERMEN ENTITLED TO PAY AS SUPERVISORS. Another Result of Blundering 'Legisia- tron—Comptroller Green Completely Routed—Important Decision by Judge Fancher. ‘There was published quite fully a few days ago in the Heratp the points raised by ex-Mayor A. Oakey Hall on a motion before Judge Fancher, in Supreme Court, Chambers, for a mandamus directing the Comptroller to pay alder- man Joseph A. Monheimer bis salary as one of the Board of Supervisors of this county. The motion was really, however, this being brought forward as a test case on behalf of all the Aldermen, to decide a question raised by the Comptroller as to whether, in addition to their Balary of $4,000 as Aldermen under the new char- ter, they were entitied toa salary of $2,000 as Su- rvisors under the two per cent act of 1871. Its importance will at once be seen, as it involves a question of interest on the one hand to the Alder- men as to whether they shall receive extra com- pensation for their services as Supervisors, and ‘on the other as touching quite seriously the pock- ets of our tax-paying citizens. Judge Fancher gave his decision Ree in the matter, and, a8 will be seen, ex-Mayor Hall was triumphantly successiul in all his polnts. The opinion embody- ing the decision is quite lengthy, but the gist of it is very easily told, JUDGE FANCHER’S OPINION, Judge Fancher begins by reciting the act of 1873, roviding @ salary Of $4,000 to the Aldermen, in full jor all services rendered by them to the city or county in any capacity whatever, and providing also that no person shall hold two city or county offices “except as ex-officio,” and that he shall then draw no salary for such second office. He also cites the law of June in the same year, makin; the Aldermen Supervisors, and the laws of 185’ an« 1870 constituting previous Boards, and the law under which relator claims, that is the act of 1871, giving the Supervisors $2,000 a year salary. He Bays the letter of the law of 1873 is sufficient to sus- tain the Comptrolier, but then the question arises whether, as the .reiator contends, tie sections relied on are unconstitutional. The title of the act is “An Act to Reorganize the Local Govern- meut of the City of New York, “in which there fs notiing to indicate that it relates to the affairs of the county, whereas when acts have been passed relating to affairs of the county, it has been customary to express such subjects in the titie, He enumerates various decisiuns showing the difference between the city and county, though Yhey are territorially identical; he declares that the title of the act being limited to government of the Municipal Corporation, ouly matters compre- hended in the function oi the corporation can come into the vill, because of its title and local charac- ter. Alter reviewing the history of the corpora- tion in its legal aspect, ne concludes his opinton as Joliow: It is clear that several provisions in the charter of 1873, which abolish the salaries of tne Supervisors of the county of New York, relate to another subject than the “iocal government of the etty of New York,” and according to repeated ad- Judications cannot be sustained. But it 1s a uni- Versal rule that where a part of a statute is uncon- stitutional the remainder is not void unless the whole is 80 connected in subject matter, meaning | or purpose that it cannot be presumed the Legisla- ture would have passed the one without the other. Ithink the compensation of the Supervisors o! 4) county of New York remains as {t Was authorized law before the new charter of the city, and that je provisions of that act which abolish such com- tion are unconstitutional and void. The mo- tion for & Mandamus must be gravted, ANOTHER DOUBLE OFFICE AND SALARY CASE, ce The Claim ot Mr. Gratz Nathan for Pay as Commissioner of the Madison Ave- mue Extension—He Has to Take a Back Seat for th resent, In the HERALD there was also pablished two or Yhree days since the facts connected with the mo- tion made fora mandamus to compel the Comp- troller to pay Mr. Gratz Nathan the sum of $1,200 for nis services as Commissioner of Assessment of the Madison avenue extension, from 12Ist street to Hariem River. Judge Fancher rendered yesterday his decision in the case. As to the ground of re- fJusal of payment made by the Comptroller, that at the tune he was acting a8 one of the missioners: o! the Madison avenue extension Mr. Nathan Was First Ulerk in the be ge war Counsel Bureau and Departm city Gov- ernment, be says the law ‘0, section 115, chapter 137, dcciares that of department, chiles of bureau, deputy ther clerk toerein or other officer thereof shall be directly or indirectiy interested in any contract, work or business the expense of which is to be paid outot the City Treasury, or by aby assessments levied by any act or ordinance of the Common Council Though this aasessment was levied by act of Legisia Sure, not oe the Common Councti, it was to be paid Sow We Wty TegMeUrL, Which ie We agerece NEW YORK HERALD, SATURDAY, SEPTEMBER 6, 1873.—TRIPLE SHEET. moneys under the Comptroller's care, ana a man- damuson him isan order on the ‘Treasury. The extensive proce: Were, however, regular, and this reasci affects the relator’s claim. Holding this view of case, Judge Fancher de- nies the motion, giving Mr. Nathan, however, liberty to traverse the return, if he was not a fen gg the defendant alleges, at the time of the x, THOSE WATER METERS AGAIN. Mandamus Granted Against Commis- sioner Van Nort—He is to Make a Re- quisition on the Comptroller for the Amount Required. A contract was made in August, 1871, by William M. Tweed, then Commissioner of Public Works, with José F, Navarro, to furnish 10,000 water Meters on or before July 1, 1872, at $70 each. Mr. Navarro delivered under the contract 4,050 meters prior to September 18, 1871, when he was or- dered to discontinue delivering them for want of storage room; but, nevertheless, did de- liver the remainder, 5,950, before July 6, 1872. For the first lot, the price of which was $283,000, Mr. Navarro obtained last spring @ man- damus against Commissioner Van Nort to give him @ proper requisition on the Comptroller, and on that requisitien, which was given under the man- dams, the relator has been endeavoring ever since to get his money from the Comptroller, and there is a proceeding now pending for a manda- mus against that officer. as a preliminary to ob- taining the lager amount, $416,500 for the other 5,950 meters, Mr, A. R. Lawrence yesterday ap- piles to Judge Fancher, in Supreme Court, Cham- ra, for a peremptory writ against Commissioner Van Nort, requiring him to issue his uisition upon the Comptroller for this amount to Mr, Na- varro, and, after a very brief argument, Judge Fancher granted the order. THE WALL STREET DUEL. LECT Committal of One of the Alleged Seconds for Contempt of Court. A curtous scene transpired yesterday in the Court of Oyer and Terminer, As the Grand Jury entered the room they, through their foreman, informed Judge Fancher that they were unable to prosecute their inquiries concerning the recent duel between W. H. Gray and John A. Hecksher, because the second, Mr. Claussen, refased to answer their questions, Mr. Claussen was accord- ingly brought into Court on an order to show cause wey he should not be committed for contempt, istrict Attorney Phelps read the return made by the Grand Jury, to the effect that Judge Daniels gave an order to compel the witness to answer all questions put by the Grand Jury, and that he re- fused to answer one question. Ex-Judge Fullerton, counsel for Mr. Claussen, de- nied the accuracy of the return, and submitted an amMdavit Sensing the contempt. Assistant District Attorney then proposed to hand the witness a question and ask him if he would answer. was done. Mr. Claussen repli he pect de- clined, on the rer would be a link in the chain of evidence to criminate him and others under the statute against duelling. Judge Fancher said the reasons were insufficient, and that the order of the Court was, that the wit- ness must go before the, and answer. Ex-Judge Faller! to answ there as here, Judge Fanciér—Then he must be committed until he answers. And thus che case stands at present, BUSINESS IN THE OPRER’ COURTS. SUPREME COURT—CHAMBERS. A Court House Washer Wants Her Money. Before Judge Fancher. There was some amusement in this Court yester- day, although it was evident he was in dead earnest in the matter, when Mr. Abraham R, Law- rence made a motion for a peremptory mandamus compelling payment by the Comptroller of $316, claimed by Mrs. Ellen Hanly for washing the Court House. It appears that she was injured by faning from a car, and was unable to work as she ha done. Her daughter, however, took her place, and was helped along by the other women. The County Auditor retuses to audit and the Comptroller refuses to pay, on the ground that the claimant has not done the work. Judge Fancher reserved de- cision in the matter. The New York Central Bond Forgeriecs. James M. Johnson, a Williamsburg lawyer, ar- rested by Captain Walsh, on Sunday, for the New York Central bond forgery, ‘‘confessed judgment” sterday in $5,000 to Mr. W. F. Howe. Captain Waish, who is said to have taken $6,000 in cash from Johnson for safe keeping, refused to give up the ‘money without an order to hand it to the Sherif. Ex-Judge Cardozo yesterday obtained an order from Judge Fancher to examine Captain Walsh as to the moneys found with Johnson. Decision. Louis Rosenberg vs. Libbie Rosenberg.—A coun- sel lee of $60 should be allowed to defendant's at- torney; no alimony should be granted until after the trial of the issue. COURT OF GENERAL SESSIONS. Before Judge Sutherland, Asking the Discharge of a Person Ac- cused of Arson. At the opening ofthe Court yesterday Mr. Wil- lam F. Howe moved that Henry Solomon, who was indicted nine months ago upon a charge of arson, be discharged upon his own recognizance, as there was nothing in the case. Assistant District Attorney Rollins said he would look into the case, A Youthful Forger. William Banks, alias William Banty, a hard- looking youth, was tried and convicted of attempt- ing to pass a forged check of $310 upon the Na- tional Citizens’ Bank, purporting to be signed by Thomas Suckow. The youth said that a strange man met him in Twenty-third street, and requested him to go and get it cashed. Banks positively denied that he was ever tried in this Court; but the attachés of the Court all recognized him, and his counsel admitted to the Judge that the youth was tried and acquitted of a simular charge early in the summer, His Honor sent the prisoner to the State Prison for two yea! Rudolph Feigi, a youth, who stabbed his father in the shoulder with a knile on the 24th of August, pleaded guilty to assault and battery, He wassent to the Penitentiary ior six months, Alleged Indecent Assault Upon a Child. John Donohte, @ youth, was tried, charged with attempting to commit a rape upon a little girl, named Rachel Newschafer, on the 12th of August, at a house in East Seventy-sixth street. A large number of witnesses were sworn and the case was not conciuded till a sate hour in the aiternoon, At hali-past five the jury came into Court and ren- dered a verdict of guilty of assault and battery. The Judge sentenced him to the Penitentiary for one year. An Outrageous Attack Upon a Police- man. Dennis Cutting, who was jointly indicted with Michael Buckley ior firing off a pistol at OMcer Jonn Morris, was tried and acquitted. The officer gave an apparently frank statement of the affair, from which it appeared that when passing through Forty-fourtn street oy the night of the 22d of Au- ast in citizen’s clothes he was attacked by the Setendants, and Buckley fired a revoiver at him. In the fight that ensued between the men and the officer Cutting was beaten severely by Morris. The Judge commended the officer for the manner in which he conducted himself during the affray. Buckley demanded @ separate trial and the case will be upon the calendar on Monday, Mr. Price defended Cutting. MARINE COURT—PART 2. Decisions. By Judge Shea. Kavanaugh vs. Funk,—Inquest, by defanit. and jodgment for the plaintiff for $182 28 costs and $25 allowance. Killion vs. Gordon.—Action on promissory note. Judgment, by default, for the plainti® tor $776 62, costs and $25 allowance. Crook vs. Crasto.—Judgment, by default, fer the Plaintit! ter $339 08 costs and $26 allowance. MARINE COUR T—CHAMBERS. Decisions. Ry Judge Joachimsen, Beale vs, Wright.—Motion granted, with $10 Costs, to abide event, but without prejudice to Plaintiff to ubtain fresh order. Kleuck vs. Locher.—Motion denied, with $7 costs ~ leave to oeeees J nigg rown vs. Wright.—Motion granted on payment | oe costs of dismissal, aud $10, costs Of op pout ng on. Miller vs, Malloy.—it {6 the opinion of the Court that this cause presents an issue at common law, triable py.8 Jury.—Motion denied with $10, coats to ; vs. Chase.—Two cases,—Motions ae causes set down in Part lil, for r bard vs. McManus.—Motion denied, but with- out costs, and cause may be set down for trial in Part lll on day calendar, for the first Wednesday of the October term. TOMBS POLICE COURT. Highway Robbery. Yesterday morning, about five o'clock, as Domi- nick O'Donnell, a lad cighteen years of age, was of | dieting 90 "be Ci Kall sere Waltine oy the janes Marruerel and seaol Of the morning papers, he was accosted by an elderly man, who, after exchanging a few words as to the hot state of the weather, sat down beside him, and in the course of the conversation the complainant staved he was @ newsboy and was about to purchase some moruing papers, as he had a regular district up town, accused rose ag though he were about to leave, and, dri ing 9 large knife irom his pocket, brandished it at the head of O'Donnell, swore if he did not yield up what money he had, and quietly too, he would kill him, He then de- liberat Wy rifled the boy's pockets of all the money he had, $6 in currency, and started of down Centre street, hot mursued by O’Donnell, whose cries of “Stop thie !!” attracted the attention of Ufficer Michael who suc- ceeded in arresting nim. On being en to the precinct and searched the money was found on his person, and yesterday he was brought up at the ‘ombs Police Court before Judge ling, who held him, in default at $5,000 bail, to answer. The risoner stoutly denied his guilt, and said that the y first spoke to him and that the money found on him was his own, THE FRENCH INDEMNITY. The Last Payment—W hat the French In- habitants Think—Their Joy and Their Hope of Reprisal—The Old Feud Uncx- tinguished—Talks with Frenchmen. Yesterday was one of great joy to all patriotic Frenchmen—and, by the way, all Frenchmen are patriotic, You may see a Napoleontst—and his class seems to be in the ascendant in spite of the troubles of the last days of the Empire—a Bourbon, an Or- leanist, a Thiers republican or a MacMahonist on the question of the indemnity, They are all glad that the “cursed invader” is off the native soll. There 18 but one thing could gladden the heart of a Frenchman more, and that would be the restora- tion of Alsace and Lorraine. Still the greater of the two humiliations is over, and while every Frenchman dreams of the time when he may see Prussia obliged to pay back that same indemnity he feels sat- isfled im thinking that for the time being the last remnant of the terribie war has been buried, and that there need be no everlasting rec- ollection of the most fearful of all France's troubles. The bitterness of defeat remains in every bosom; the hatred rankles as keenly in every breast; but the taunting reproach of Ger- man occupancy is at all events gone, It is probabie that hardly a French family in this city passed over this NATIONAL FINANCIAL TRIUMPH: without some celebration. Frenchmen and French- ‘women of all parties, in their homes, had many little pleasant entertainments, which revived or kept alive the loves and the friendships of la belle France. it 18 on such occasions that the heart of the voluntary or involun- tary extle goes home to the family that dwells thousands of miles away, and in fancy builds up pictures of a past that has taken place and a future which may neveroccur. It is on such national holidays that the love for patrie travels back on its way, and all wish themselves under the family rooitree. LOVE FOR AN ADOPTED COUNTRY can never wipe these recollections of past and happy days. s when France was in her glory and her prosperity. It 18 needless to repeat, then, that with French- men yesterday was one of thanksgiving. But in conversation the old time differences of opinion cropped out, One would have it that the veteran Thiers was the author of all France’s present pros- pee. Another would have it that under jahon matters would have been in precisely the same condition; that not Thiers, but France, de- served the credit of it all. Others clung to the idea that under other governments France would not have been enteed to pay any indemnity. Various as were these opinions, it was clear that im this city, at least, Thiers’ men were in great predommance, Frenchmen here seem to generally lieve that, had it not been for the masterly man- agement of the old statesman, the country would not have been as well off to-day as. she is. Mingled With this admiration is deep abuse o! the Assembly, to which Frenchmen all attribute the present in- choate state of their country. In conversation with a prominent Frenchman yesterday—one who represents public sentiment amongst his countrymen here as well, probably, a8 any other—a HERALD reporter tound that the main sentiment, now that the old trouble was over, was to reorganize and try the issue over again. “We may not be strong enough now, but we will be ina few years, France has suffered the MOST HUMILIATING DRFEAT in her history, but defeats are aiways followed by triumphs. Tbelleve sincerely that Prussia cannot long hold the proud and the arbitrary position she holds to-day amongst European nations. The scale must turn shortly and then woe be toher. I live but in one hope to see that day. Then I shali die satisfied.” The terrible bitterness of this sentiment left a halo of enthusiasm on the man’s face. Where such Jeelings live can peace last long ? A French “Pique-Nique.” The French have appropriated another word from the English language, and the adaptation of “pique-nique’? seems ridiculous enough for the familiar word which does duty for the same thing in English, Yesterday was the anniversary of the birthday of one of France's greatest sons—Lafay- ette—a name as dear in America as it is in his na- tive land; and when this circumstance ts added to the fact that the last instalment on the Prussian in- demnity was paid yesterday, and that France ‘was, in the full sense of the word, free, it can be imagined that it was no small circum- stance in her history and that it offered no small opportunity {or sensible enjoyment. In commemoration of the disinterested hero of the Revolution the battalion of the Gardes Lafay- ette, of this city, gave what they were pleased to call a “‘pique-nique,” and @ great success it was. It took place at Hamilton Park, Sixty-ninth street and Third avenue, and was as numerously attended by Americans as it was by French, as all these affairs usually are. Americans, especially New York Americans, seem to have @ lingering idea that ail French assemblies are re- markable for a eset kind of enjoyment which borders on the disrecutable. It is one of the many errors which Americans are apt to fall into; for the fact is that yesterday's pique-nique could compare more than favorably with any native gathering of the kind. You very seldom see a Frenchman in & condition where he forgets wiat politeness is, and you never see a Frenchwoman so lax that she for- gets what respect is due her. In short, the ex- cursion was guite @ success, and if the Batailion des Gardes Lalayette were not all that might be expected of such a formidable title it was prob- ably because the occasion was one which permitted laxity and a lack of discipline. CORRUPTION IN LONG ISLAND CITY. eee: seco What the Common Council Discovered YVesterday—Startling Revelations=The Mayor Said to Have Illegally Issued Duplicate City Bonds, The Common Council of Long Island City resame¢e. their investigations into the affairs of the Water Commissioners yesterday. After some unimportant testimony had been elicited from Mr. Horan, Treas- urer of the city, Mr. Anable, a large landed proprie- tor, of Long Island City, testified as to the value of the land purchased as a water source by the Commis- sion, Mr. Madden, late Corporation Counsel, was then called, and after testifying that he had never been officially consulted by any of the Commission- ers, Mr. P. J. OGrady, late City Clerk, was placed upon the stand, He stated that he had been City Clerk up to June 5, and was appointed to that office by the Mayor. Previous to May 12 he had signed as clerk 640 of the 700 bonds authorized to be issued by the Legislature for the payment of the Newtown debt, These bonds were numbered consecutively, irom one to 640, and yet on May 12 the Mayor had sent him for signature forty more bonds numbered from 821 to 360, He did not, he said, notice the similarity between these numbers and those on the bonds he had already signed, and thinking ev thing was right, had signed the bonds. He a he said, signed six out of pack- age of twenty-three other bonds which had been sent him for signature, but on consider- ing that if he signed the whole twenty-three they would, together with the 680 he had already signed, make more than the 700 bunds, the issu of which the Legislature had authorized, and ge ing that something was wrong he refused to sign the remaining seventeen. The witness also testi- fled that after he bad signed the $300,000 worth of water bonds the Mayor had placed before him an additional $1,000 water bond, which he witnout Teflection signed. He satd that the Mayor had fre- quently told him that he should be well paid for his trouble, but that he had never received any mone: ‘The testimony of this witness caused a great sen: sation, and came like a thunderboit upon the get tlemen present, not a few of whom ireely discussed the question of impeaching the Mayor. After the excitement had subsided and order was Testored the Committee of investigation adjourned until Tuesday morning, at ten o'clock, DEATH OF WILLIAM #, OREED, William H, Creed, @ politician of congiderable note in the Seventh ward, and a much respected citizen, after @ long iliness died on the 8d instant. The Boulevard Club, of which deceased was a mem- ber, passed resolutions of sympathy and with nis Jamily, ordered Tie tag of the clap to be suspended at half-mast on thg day appointed for Wed 49,1 amg 1D & POBT. | PUBLIC ENTERTAINMENTS. The Maretzek Italian Opera Season. The season of Italian opera to be given at the Grand Opera House by Mr. Max Maretzek will begin on October 6 and last three weeks. Mr. Maretzek tersely announces that his principal artists will comprise Mme. Lucca, Mme, lima di Murska, Signor Tamberlik, Signor Vizzani, Signor Ronconi and Signor Jamet; that no subscription will be solicited; that the répertotre of each week will be published in advance; that no privileged seat will be retained to the exclusion of the paying public, and that in case of a change of performance the money will be refunded or the tickets ex- changed, Some of these announcements are very pleasant, and all are to the point. The new comers are, Mme, Iima di Murska, the Austrian singer, of whom report has for several years spoken highiy, and Signor Tamberlik, with whom we sincerely hope that New York is not making too late an acquaintance, With Mme. Lucca, with Mme. Natali Testa, the contralto, and with Signor Vizzant, Signor Ronconi and Sig- nor Jamet the public has that thorough acquaint- ance which supersedes reintroducdon. mi, Years bring the philosophic mind to nations as well as individuals. Perhaps they have not brought it tous yet; but as the winters pass over ts we grow calmer, more intelligent and more discrim- inating in the spit we contemplate the revelations of art, loves the drama and who will take the tro! back a few years will remember the ardor c York awaited Ristori and the trenzy with which it greeted her. That was very amtable disposition on the part of New York; we will not admit that it was an amiable weakness, Our tears, our applause, our encores, our bouquets and our triumphal wreaths, genuine and frequent as they were, were far surpassed by the similar tributes of other nations. Still, for Americans, we were exceedingly enthusiastic, and the great actr who had proba- bly been led to attribute to us more coldness than we possess, must have been pleasantly sur- prised. And now that these susceptibilities ha’ grown a little hard it becomes a matter of curiosity to gauge the spirit in which New York will wel- come Salvini. He was to have been here by next ‘Tuesday, but the vessel in which he’ sailed was de- tained twenty-four hours at Brest and it is scarcely possible that he should arrive here beiore Thurs- day. The announced date of openings ptember 16, will not, however, be changed, and on the evening of Tuesday week, not very mach after ig o'clock, wil the ltauan tragedian who, whatever his actual bart cee wou the reputation in Eui of being one of the greatest of living acto: atep lor the first time upon our Academy of Musi ge. We have said ‘‘whatever be his actual talents,’ and we say this with a due measure of reapect for in- telligent European approval. It is au approval not lightly to be won, and demands respectful consid- eration everywhere. It is an endorsement the po- tency of which no well-informed man would wish to deny; and the artist who has won and worn it for years comes betore us with as poweriul creden- tiala as he could possibly present. Nevertheless, there is @ certain slavery of tue intellect in accept- ing, Without hesitation, all the good things which every stray correspondent or biassed ‘“protes- sional” may be unthinking enough to utter. Our own anticipations with respect to Signor Salviniare upborne by that broad and continuous tide of dis- passionate eulogy which floats through the best dramatic criticisms of a foreign press, ‘That he is an actor of ee and powerful genius seems scarcely to admit of a dispute. That he visits us at an hour when @ thorough awakening to ail tat ig stro} id beautiful and viial in dramatic art is imper: we think will be admitted by every one Who ieels the present Spon arney, of our stage. And thut he will fulfil every ideal which the purest and most passionate aspiration sighs after, if it too much to feel sure of, is not too much to hop: Musical and Dramatic Notes. The usual matinées will to-day be given at all the theatres, “The Belles of the Kitchen” and ‘Micawber” are to be brought out next Wednesday evening at Union Square Theatre. Rose Bell has been acting in an English version of “La Belle Héléne,” at the London Alhambra, Her broken English has occasioned great trouble to the Alnambra frequenters; but since she takes the part of Paris they have come to the conclusion that a Parisian accent may be tolerated. Miss Edith Wynne has brought an action against certain parties in Liverpool to recover the value of some household furniture, which had been illegally seized. Miss Wynne had been given a bill of sale by @ party, to whom she had charitably loaned money, and the furniture seized was that to which the bill had relation. A private exhibition of the Royal Marionettes will be offered to-night at Robinson Hall. The figures are forty-five inches high and look much larger. They are “worked” by thirteen male and female performers, who occupy positions above the stage, are, of course, invisible to the audience, and have followed this branch of the profession for many years, The scenery has all been painted abroad, and quite as great pains appear to huve been taken with the accessories as though the pup- pets were human, The French theatre at Cairo, Egypt, is managed rather pecullariy. One evening “Fernande” was stopped, when only half of it had been acted, anda cancan was substituted. On another occasion the artists were obliged to give ‘La Grande Duchesse” in plainclothes. On the third the Khedive arrived, when the last act of “Orphée aux Enfers’ was be- ing performed, and the artists agreed to sing the ‘whole opera over again only upon the Khedive’s offering them 21,000 francs. By the middle of the first act the gentleman was asleep, Miss Bella Pateman will this evening make her firat appearance this season at Booth’s Theatre, appearing as Mercy Merrick in the dramatization of ‘The New Magdalen,” by Wilkie Collins. We have not much sympathy with the manner in which Mr. Collins handles moral and social problems in his exceedingly clever novels, and we have still less sympathy with the sickly and unwholesome moral of this, his latest work. But if Miss Pate- man’s talent and conscientiousness can make us Jorget the artistic error and moral mistake of the fiction writer she will prove her possession of stronger powers than she has hitherto been cred- ited with. BROOKLYN TRUST OOMPANY. A Report of Its Sounadn: The subjoined certificate trom Mr. Warren, the accountant, showing the soundess of the much- abused Trust Company, was received yesterday by the President of the institution in question :— Orrice or Wruttam BE. Warnes, ‘ Putte Accountant, New Yorke, Sep’. 3, 1873. Hon. Rirtry Rores, President Brookiyn i rust Company. Dean Sin—I believe that I have in my possession all the necessary data for aa full report of my examination of the affairs of your company. Circumstances with which you are weil acquainted, have thus far prevented my reparing and forwarding’ to you such @ report, which, Rothe extent that my statements may be deemed trust: worthy, will, I am confident, satisiy any fair minded person ot the entire soundness ot the company. L hope tw find time in the course of @ few days to make out and send you such a report, meanwhile J give you for immediate reterence the enclosed duplicates of my trial balance and general balance sheet of the company, gghitating ite condition on the morning of August & 1873, directly after the settlement made by the receiver anc ort roduction of the the formal resumption of business, Requesting a Pp reat respect, faithiully your obedient . aa WwW. ko WARREN. continuance of be patience for the report, Tam, wi servant, COMPTROLLER’S RECEIPTS, Comptroller Green reports the following amounts paid yesterday into the city treasury :—From Bu- reau of Collection of Assessments—Assessments for street openings and improvements and interest, Bureau of Arrears—Arrears of taxes, as- 8 ts, water rents and interest, $7,867. Bureau of City Revenue—Market rents and f d honse rent, $1,142 Bureau of Water Register—Croton water rents and penatties, $2,345. Mayor's Second Marshai—Licenses, $69, City Courts—Fees from Third Judicial District Court, $69. Total, $32,780. PAYMENT OF LABORERS. Comptrolier Green paid yesterday, through City Paymaster Moor Falis, the laborers on the “big pipes,’ to August 31, $9,180; and the laborers on jas. to pipes, stop cocks, &c,, to August 31, AN ABSOONDING SECRETARY ARRESTED, About three weeks since, Nutria Lodge, a hatter's benevolent organization of Newark. N. J., was Tobbed, it is alleged, of $2,500 by the President and Secretary, named respectively Ryan and Astley. ‘The money, which was deposited in @ local savings bank, Was obtained by means of forged checks. On the discovery of the robbery detecuves were immediate.y put to work to ferret out the accused arties. Astley was traced to Pittsburg, but there she clue was lost. A day or two since word was receivea in Newark that the man wanted had ar- rived in Dayton, Ohio, There he Was arrested on ‘Thursday, and to-day, it is expected, Le vil be it back t ite of Jersey ‘Bagh wasn0 9096 ig baases RODMAN STILL IN QUOD. City Treaswrer Resigns—What Rodman and Mills Did in Connecticut. The defaulting Ex-Deputy City Treasurer M. T. Rodman, remains in jail, his promised bail failing to come forward. ~ City Treasurer Cortland A, Sprague yesterday afternoon sent in a communication to Mayor Powell tendering his resignation as Treasurer, an oifice which has been 80 unfortunately conducted. The Mayor at once directed City Cierk William Bishop to call a meeting of the Board of Aldermen on Tues- day evening ext, for the purpose of receiving the resignation of Sprague and appointing his suc- cessor, THE BONDSMEN MEET. ‘There was a private meeting of the bondsmen of Rodman and Sprague held yesterday in the office of Comptroller Schroeder for the purpose of making good the deficiency. The press was exciuded from the conference, but the result was ascertained. All the bondsmen were present except Mr. Patton, who will doubtless be sued for not coming forward upon this urgent occasion. They gave their notes pro rata to cover the deficiency, $143,600, How Rodman and Mills were interested in the building of the New Haven, Middletown and Wil- Mmantic Rallroad, running between New Haven and Willimantic, ana how the Brooklyn Trust Company was mixed up in the speculation, will be found im the subjoined facts:—This road, which forms a connecting linkof the through line be- tween New York and Boston, was organized in 1968, It was built rapidly until the portion be- tween New Haven and Middletown was in runuing order. About that time—January, 1870—President Lyman died. The parties who then undertook to manage the road were inefflicient and lacking en- ergy, and the enterprise barely drifted along. In the fall of that year they found themselves out of Money, and applied to ‘ JONATHAN A. WHITR, who had previously made them several large loans, and who had represented himself as a man of large wealth, Yo this man they applied for aid. He agreed to assist them, and they paid him as bonus $25,000 of first mortgage bonds, and eventu- ally increased it to $35,000, These loans at the death of Ethelbert Mills were found in the Broo! jyo jt Company. The com revious to this supposed Snes aha rican van tal aished by White from his individual means, Shortly after this made @ contract to complete the Toad, Mills going in as @ Director and one of the Executive Committee, and White went in also as @ Director and one of the Executive Committee, Matters progressed in thia way. Work went on under the contract, iron was bought an Tatis were laid and the road was nearly completed when Mills died and the ex- posure of the of the Brooklyn Trust Com- pany took place, Since, then: no money has been putin, The road is nowscampleted and is in thor- Ough running order thetwhole length. The equt; ment of the road has. been furnished by the citi- zens, mostly of Middletown, and the business of the road is three or four times greater than its capacity for doing it. The death of Mills did not embarrass the affairs of the road; $16,000 would have finished the whole thing. On the day that 1s died the officers of the road came down to lew York ior the purpose of carrying out a plan tor Crepe aia road which had been originated dy and White, and which was the formation ol ss Cast IBany company under the laws of Con- nectica! MILLS AND RODMAN were to furnish $250,000 of the capital, and the officers of the road and ci ns Were to furnish & like amount, making @ tas@i capital of $500,000, The death of Mills ot \deteated this scheme, and the company was thrown back on its own re- sources in furnishing the equipment. This Jona- than White, it is said, then began to be looked upon as @ firat class scamp by the officers of the road. They began to suapech that the money was being furnished b; rooklyn Trust Company, which was in reality backing the whole scheme. The exposure now of the Trust Company shows that White had used this company Pp toad, hoping to make a large quantity of stocks and bonds out of the road, which they were to re- porate under the Rodman contract. The road now UN VERY ECONOMICALLY, 18 well managed, and all the earnings are being appropriated to vay the interest on the first mort- gage bonds. It is estimated that in twelve months hey will be able to earn the total amount of inter- est on these bonds. This will create a demand for the bonds, and they will sell at from ninety cents to par, which willenable the Trust Company to more than realize the face of its loi A New Haven paper, a short time since, in speaking of the railroads of that State, said that Connecticut was building a raliroad at the expense of Brook- lyn. White represented Rodman in pushing the work through, and atone time had considerable diniculty with the contractors, which, is said, ended in blows, since which time warrants for his arrest have been out and he has kept clear of Con- necticut, DEERFOOT PARK, , Sweepstakes of $300 and $200@ice Graves and Honest Abe the Winners, The two sweepstakes announced to come of at Deerfoot Park yesterday afternoon were trotted at a late hour. ‘The first was between George Wright’s black gelding Captain Jinks, John Splan’s bay gelding Red Dick and E. H. Cunningham’s gray stallion Rice Graves. Captain Jinks was the favorite, He won the first and second heats; but Graves, having the most endurance, came under the wire a winner of the third, fourth and fifth heate and the race. The following is @ SUMMARY. DEERFOOT PARK, NEAR BROOKLYN, L. I., Sept. 5, 1873—TROTTING.—Sweepatakes of $300, mile heats, best three in five, in harness; catch weights, Judges, Messrs, Heard, Carroll and Fearon. E. if Canin ham’s gr. 8. Rice Graves 3 2 1 1 1 George Wright's blk. g. CaptainJinks 1 1 8 2 2 John Splan’s b. g. Red Di 8 2dr MOK ees eee ig also @ sweepstakes of ree in five, in harness; contestants were Mike rs’ bay gelding Honest Abe, John Splan’s black mare Black Maria, Daniel Dooley’s bay gelding Union Boy and W. 8. Thom’s bay mare Auntie. The favorite inthe pools was Black Maria, but Honest Abe won the first, second and fourth heats and the race, SUMMARY, Same DaY—TROTTING.—Sweepstakes $200, mile heats, best three in five, in harness; catch weights. Mike Rogers’ b. g. Honest Abe Jobn Splan’s bil Black Mai Dan Dooiey’ Union Boy 3 3 dr. William Thom’ m. Auntie. TIME. Quarter, First heat a Second he: 46 Third heat. 45 Fourth heat 6 TROTTING AT FLEETWOOD PARK. FLEETWOOD Park, Sept. 5.—Purse $100, for horses that have never beaten 2:50, mile heats, best inree In five, in harness; $60 to the first horse, $30 to the second and $10 to the third, ENTRIES. ©. Hetinzeil’s b, g. Central Boy A. Bourrett’s b. m. Adelia... + 41 1:21 —Sweepstakes, $400; mile heats; best three in five, in harness; catch weights, ENTRIES, A. Bourrett’s b, m. Marie Louise..... 1 1 2 * 1 A. C. Whitson’s 8. g. Long Branch... 2 8 1 * 2 H. Pellet’s br. m. Kate Clyde. 8 2 3dr. Elihu Wing's g. g. Joe Cooper. TIME, THE FASHION 8TUD FARM FIBE. spicion Attaching to Incendiartes. Laborers were engaged yesterday in clearing away the débris of the recent fire on the Fashion Stud Farm, near Trenton, N. J. A fewmen were employed in burying the rématns of the burned horses. It 1s the intention of the owner of the farm ¢ erect a large stable on the site of the ruins. In an iuterview with # HERALD reporter stated that great value on his himeelf afd would not ‘ooinaia Stallions and "pelorg sug ate hua aa THE FORGERY STORIES, +> The Perpetrators Still Roaming at Large, “from Every Care and Trouble Free.” THE PRISONER AT HEADQUARTERS Johnson Remanded Until Monday at the Essex Market Police Oourt. Wall street yesterday was in a comparative lull after the recent storm, but everybody was on the tiptoe of expectation as to what the next devel- opment would be. Rumors without end were afloat that the Stock Exchang: Detective, Sampson, had captured Gleason, Williamson and Engel. A HERALD reporter met Mr. Thomas Denny, Jr., of the Stock Exchange, who said:—‘‘We are expect- ing fresh developments every moment, but it Would not serve the ends of justice to state what ig on the carpet. We have every confidence that Superintendent of Police Matsell and Detective Captain Sampson will use their utmost effortein connection with the detective force to bring the forgers to justice. No new forgeries have been discovered to my knowledge up to the present mo- ment in the matter of bonds, and it is therefore to be hoped that the worstJg known. HO THE US PRISONER 18, The HERALD a couple of days ago published the news that Police Superintendent Matsell had caused the arrest of “a mysterious prisoner,’” whose name. for the present he declined giving. It has now transpired that the name of the incar+ cerated individual is Joseph J. Yates, a friend of Wilhamson’s. The following brief sketch of his history will, therefore, be read with interest at the present moment :—Yates is a native of the north of Ireland and came to this country while still in his youth. After arriving in this country he pro- ceeded to Philadelphia, where he learned the trade of paper hanging. After remaining there several years he came to this city, where he opened @ paper hanging store in Twentieth street, near Third avenue. Yates is considered by the police of this city to have been a “cross man,” that isa dishonest man for the past five or six years, it being known among the fraternity of the predatory art that he was willing to embark in any enter- prise, “straight or crooked,” as long as he waa Kept under cover and was not put into ahole, Heisa man of agreeable address, speaking somewhat like @ Scotchman, and has received a fair edu- cation in Ireland. He 1s about five feet eight end a half inches high, is somewhat corpulent, has @ handsome pair of broad shoulders, and his face is considerably pocke marked. He used to live at Rock Cottage, Forty- first street and Second avenue, with a second wife, having been divorced from his first, and has two families of children. Inthe years 1865 to 1867 he was largely interested in illegally distilling whiskey, when the tax was $2agallon. He was finally arrested for breach of the revenue laws, and the indictment, among numerous others, is Still pending. Yates’ next enterprise was in the tobacco business, with @ man named Sharkey, in Fulton street, both being possessed of ampié means. One of the efforts of the newly established house was to purchase the right to manufacture Anderson’s chewing tobacco, but they were ua successful in this matter, An article closely imi-’ tating ‘Solace’ was, however, placed on the mar- ket, and largely shipped to all parts of the Unton., Eventually the frm commenced swindling opera- tions by deirauding the United States Revenue De- artment, being betrayed by one Meyers, of Al-' any. th men were arrested, and Shar-, key was placea in Ludlow Street Jail, where he remained for many months. Yates was put under $20,000 bail, tne indictment being now still pending, as is that of Sharkey’s. Yates then started in the brush business, at 44 Dey street, In connection with two men named Clark and Franz- id traded under the name of the Union Brush Company. A separate branch of industry pursued by Yates and Franzing was the purchase and shipment to Europe of beeswax, which they somehow or other always forgot to pay for. The Union Brush Company, after a short-lived exist- ence, closed its doors, and the place knew Yates, Clark & Franzing no more. The next enterprise of Yates was with Franzing and A. W. Spooner, as produce merchants in Duane street, where they victimized a large number of Saal | who gent them farm produce jor sale. Of late Clarke & Yates have carried ona brush business in Reade street, near Hudson, but whether it is @ legitimate business or not is not known by the detective force. In conclusion it only remains to be said that Yates was a bosom friena of Andrew J. White- man, known as “the king of the counterileiters,”” who is now undergoing a five years’-sentence at Sing Sing for having defrauded a Southerner at Cortlandt street, when he was arrested De- tective Phil. Farley, about three years ago. Yates 4s also reputed like Colonel Quinn, to have been very intimate with Williamson, the forger, whom the police are now endeavoring to capture. WHERE THE PLOT ORIGINATED, The plot to place the recently mentioned forged bonds upon the markets of New York ard London was originated ina third class hotel in the neigh- borhood of Eighth street and Broadway in last January. The proprietor of the house in question had figured previously in many swindies, and was imprisoned it year at the suit of the Howard ‘Watch Vompany, of Maiden lane, together with his accomplice, Halleck. This distinguished criminal hag been an inmate of most of our Western jails, and, in addition to the exploit above mentioned, last year was in connection with the gang who had possession of counterfei¢ State seals of the St of Iowa and Missouri. The seals were used tor stamping forged abstracts of tities of imaginary lanas in the above mentioned States, This ry swindler was instrumental in many instances of ecard these titles for goods purchased by him or his confederates. The palming of one of these fraudulent titles on Mr. Reynolds, of Clinton reet, Brooklyn, for $3,000 worth of hoop skirts, and others for the restaurant 127 Grand street, with bogus notes to the amount of $6,000—and which he afterwards sold out for $3,000 cash— finished his career for the last season; but now he again aypeara in all his former villany at this well- known hotel. WHO THE PERPETRATORS ARE. The perpetrators of the presens, bond forgeries were constant visitors at his place, and also at a well known resort fo: swindlers at the foot of Cortlandt street, The names of the swindiers who figured in the Howard Watch Company last September were Carles B. Orvis, “Captain” Hal- leck, Cameron, Bushnell, Simer, Lawrence and Smith, ana comprise several of those interested in the present undertaking. The Prisoner Johnson Indictea by the Grand Jury. The frequent postvonements of the examination of Charles W. Johnson, the Wiliiamsburg lawyer, who was arrested in this city on Sunday by Captain Walsh, of the Seventeenth precinct, on a charge of being implicated with others in an attempt to nego- tiate @ quantity of forged bonds of the Buffalo, New York and Erie Railroad, has caused much comment. The adjournments have been ob- tained on every occasion by the District Attorney, and the case was peremptorily set down for exam ination at three o'clock yesterday afternoon. Meanwhile it appears that the District Attorney has been working in another quarter, inasmuch ag the Grand Jury have indicted Johnson. The case came on before Judge Shandley at three o'clock yesterday afternoon. Mr. William F. Howe and bis associate, Mr. Abe Hummel, were present in the interest of Johnson, The prisoner was brought into Court at three o'clock and arraigned, when his counsel asked for his discharge on the ground that the evidence against his client was of an unsnstaining charac- ter, inasmuch 4s the prosecution for the people sought for and obtained several unnecessary § adjournments, Judge Shana- ley then aunounced the act that hi had received a ietter from the District Attorney, in which it was mentioned that the accused ha been indicted by the Grand Jury. Mr. Howe then said that while his client, Mr, Johnson, any poiisy. intent of any ery, that he had the right an tion—a fim by the statute. tion to these adjournments, enacted from to time, g he consented to the adjournment until to-day, Meving in good faith the examtnation would bé had. He now considered, from the letter written. by the District Attorney to Judge Shandiey, thas had been indicted; tat. the taken t him in this respect were unjust and arbitrary. Judge Shandiey satd that he did not quite Stand this case, and Hongut that throughout te had been treated at least discourte THO. |, “have obtained several ad- unable to say. Without the hopé that the people t the prisoner will ever io this Court. on charge, I shall adjoure the tarther: hearing of the case until Monday next, at three o'clock. Meanwhile I shali call on the District Ate torney and have an understan on ¢