The New York Herald Newspaper, September 11, 1873, Page 14

“14 TWO TERNS ENOUGH. The Herald at the Political Springs . of the Quaker City. Morton McMichael’s Views of Grant and Perpetual Power. HINTS FOR REPUBLICANS. John Forney’s Hopes that Common Herse Sense Will Prevail. Jefferson’s Theory of Monarchs and Emperors. PENNSYLVANIA'S LEAD. A. K. McClure’s Brief but Practical Observations. A Benomination in '76, and Then Look Out for Squalls, PHILADELPHIA, Sept. 7, 1873. Probably no subject of late in which the in- terests of the country have been a feature has cre- ated such profound attention among the masses as has that of “Cwsarism.” The simple idea of a third term, with General Grant acting in the réle of a Cesar, has awakened a train of reflection among the members of both political parties that will un- doubtedly in time make itself felt tor good or for evil throughout the country. The theme becomes more interesting day by day over here, as the views of the leading men of the nation are made slear through the columns of the HERALD, Views of Mr. Morten McMichael. In obedience to instructions, your correspond- eat sought and obtained the views on this sub- ject of three Quaker City representative men, The first whom he saw was Mr. Morton McMichael, editor of the North American and United States Gazette, and President ofthat most powerful organ- Iation, the Philadelphia Union League. His well- known warm personal friendship towards President Grant led the HERALD representative to believe that Mr. McMichael was prepared to say something i relation to Cxsarism that would prove exceed- ingly interesting. In this he was not entirely mis- taken. He received the correspondent politely and then resumed his editorial chair. Betore com- mencing the conversation your correspendent found time to obtain material for a short pen and 4nk sketch of the venerable journalist, In appear- ance he is about sixty years of age, wore a suit of dark biue flannel cloth and is of a short, stoutish build. His head is large and is well shaped and is Partly covered with short gray hair, while his eyes are deep set and are of a darkish blue; his grayish mustache was trimmed 2 la milttaire, and upon the whole he bears a striking resemblance to ex- President Thiers, which would be the more com- plete did Mr. McMichael resort to the use of spec- tacles, His trim and cosey looking sanctum ts on the second floor of the North <Amertcan and United States Gazette building, on Third street, and was well filled with valuable books of reference and the leading pericdi- cals of the day. Upon being informed that the HERALD representative had called to ascertain his views on the subject of the third term Mr. McMichael at first exhibited a littie hesitation, but gtadually became more communicative. In rela- tion to that subject matter he said :—“My dear sir, ‘have read with considerable interest the HERALD articles and have expressed my views on the sub- ject in my own paper; my candid opinion ts that neither General Grant nor the great mass of the re- publican party seriously entertain the idea of a ‘third term. But in case it should be requisite for the ofice of Chief Magistrate to be filled thrice by any individual ap¢ General Grant should be that man I have no doubt bat that he would prove true %o his trust.” CORRESPONDENT—What, in your opinion, would such a precedent lead to? Do you not think that it ‘would gradually lead to the subversion of repub- Mcanism in this country? Mr, McMicHaBL—No, sir, not @ bit of it The republicans 4o not desire to inaugurate the third term system, and io my opinion they would do but little towards aiding in such an object unless the party was in danger of being disrupted, and it became necessary to run for @ third term a man ‘whose prestige would save it. The people, sir, are superior to politicians or to any combinations of men to do harm, As regards Cwsarism, 1 do not hesitate to say thatshould Generai Grant be elected —~Jor a third term, he would scorn to do anything that would tend to bring disgrace upon the country or upon himself by the usurpation of powers not con- stitutionaily conferred upon him. Cwsarism will Hot be attempted in this country, at least in my Gay; and should tt be essayed at any future time the party who attempts to play the rdle will suffer. The peopie are too intelligent for such a thing to be tolerated. CORRESPONDENT—Do you think that the repub- Nicans throughcut the country would support Gen- eral Grant for a third term? Mr. MCMICHAEL—I see no reason why they should withhold their suffrage jrom him in case of such an event. His administrations have been character- ized with ableness and statesmanship, and I know that he would Strive to do right if placed in office again. General Grant, however, has no idea, as tay as I amabie to ascertain, to run again. He ts full of honors already, and, furthermore, desires rest, and I think it not unlikely that he will visit Europe upen the expiration of the second term. Besides, taere are other honest and patriotic republicans that can be found for the office, CORRESPONDENT—Would you sup, him with your journal should he run @ third time! Mr. McMicuari—I am arepublican by convic- tiom and am no partizan. I have no obligations beyond my own convictions of what is right. T deemed it for the interests of the country I should advocate the cause of a third term candidate, and should support General Grant it nominated, These constitute in the main Mr. McMichael’s Views on these important national topies, and, after thanking him for his kindness, your corre- epondent retired. ' Colonel Forney, of the “Press.” Immediately afterwards I sought the editorial lair of Colonel John W. Forney, of the Press, This consisted of a large and elegantly furnished cham- der on the second floor of the Press putiding, cer- ner of Chestgut and Seventh streets, Mr. Forney was found pufing briskly at a fragrant Havana and overhauling an address which he contemplates flelivering at the Texas State Fair. He recetved the Hgraxp representative with his accustomea urbanity, but regretted that his time was sourgent that he could not then enter into the subject of Cesarism, but would be at leisure later in the aiternoon. At three o'clock P. M. I called again. He was there, and the subject matter was dis- cussed, Colonel Forney said that he did not know a re- publican in Pennsylvania who favored tne idea of 6 third term, and every one who had spoken to tum on the subject had either regarded it as one of the HERALD’s excellent newspaper novelties, or had denounced it a8 a dangerous precedent. He aid that he had the highest persona! and political regard for President t; that he thought that it the President — pecial quality it was common sense, Of, a8 the sportamen say, “horse sense.” He recollected that in November of 1s67 General Grant was honestly averse to be- coming @ candidate for President, in view of all the necessary sacrifices and troubles, and much that General Grant predicted then a@ a conse- quence of his acceptance of the Presidency has ‘been fulfilled to the letter, “Now, I believe,” resumed the Colonel, “that if Grant was to join this movement for @ thira term it would create such an uproar es would utterly Gestroy his fame, and therefore I joined the vete- Tan republican editor of the. Miners’ Journal in calling upon the republican press to place the seal 1 condemnation upon this third term movement atonce, Abd Banban js 4 frig rend of Grant, J NEW YORK HERALD, THURSDAY, SEPTEMBER Il, 1873—QUADRUPLE. SHEET. repeat that I do not think General Grant is insen- sible to this ate ol public opinion. Like all men in high office, he is surro led by Satterers; yet 1 am sure he 1s capable of divining their motives. ‘They will come to him and chek the democratic party is utterly demor: and that anything recommended by the re leaders will be approved by the repul ty and made poe at the election; and they wit tell him, what is true, that the ple are cratified for his services against the rebellion and that his administration has been marvellously su Bat the Prest- dent is too careful an observer not to understand the effect ef such an ex: . A third term proj- ect would swiitly stimulate the very worst possi- ble feelings. 1t would be as much as to say to the ante ied the Old oe ot Ame prepa r @ monarchy. would confirm Frank Biair’s prediction in 1868 that General Grant intended to perpetuate himself, it would show that Thomas Jefferson, when he Wrote to General Washington from Paris, on tho 2d day of 1788, Was correct when he declared thet the A thi in the new constitution which he disliked strongly were:—‘First, the want of » declaration of rights, I am in hopes the opposition in Virginia il remedy this and produce such a declaration. Second, the lat See re-eligtbility of the Presi- dent. This, I fear, will make that an office for life first and then hereditary. I was such an enemy to monarchies before I came to Europe, I am ten thousand times more so since I have seen what they are. There is scarcely an evil known in these countries which may not be traced to their king as its source, nor & which is not derived from the small fibres 0! Tepublicanism existing amongthem. I can further say with safety that there Is not & crowned head in Europe whose talents or merits would entitle him to be elected and avoid the 4: rs of the rival claims of d termined aspirants by electing General Grant for a ie republican Py, will re-elect him, and they may do so without violating the constitu- tion and without installing a Owsar. Third—A portion of the republican party—mainly the ofice-holders and their (riends—who frank! confess that they are in favor of re-electing P’resi- dent Grant for a third term, because they think it best ior the country (unquestionably it 1s best for themselves) and 18 ‘not in violation of the consti- tution, Indeed, they boldly declare that General Grant might be re-elected periodically for the re- mainder ot his life and no harm come to the coun- try or the repaplican party. Exactly. This 13 good, and it well for the country to know as much. Such was not the idea of republicans of 1800, Fourth—There is a small party of gentlemen which belong to the late ultra Southerners—the fire- eaters—which prociaim that Grant is all right, and that he is the best man for the South and the North and for all quarters of the Union, and it ‘oes for.nis re-election, Why shouldn’t he be Presi- Sent jour years more ? it asks. The constitution does not prohibit his re-election every four years as long as he lives, and if he suits the country it is better to elect him than to run the risk of trying another man. These virtuous gentlemen, like Micawber, are looking for something to turn up not injurieus to themselves, Fisth—And to this class We belong—a class alto- gether independent o! those above named—a brief class of American citizens who declare that if we can restore the government to its constitutional basis, and secure its administration tn an impartial manner, according to the constitution, by which the States shall be left to manage their local mat- ters according to their own ideas and dispositions under the right guaranteed to them by the con- & vestryman by the people of any parish in America.’ “But, after all, I do not believe,” said the Col- onel, in conclusion, “that there is any serious in- tention in any quarter in regard.to this third term, It certainty has made no impression upon the people of this State; as a general thing, they are satisfied. They do not desire to imperil their in- terests by such an excitement as would follow any attempt like this third term. There already so much jealousy, so much dread of the growing strength of capital, that a serious move- ment in favor of politicai centralization would un- doubtedly organize a combination that would be- come trresistible. Tne mission of the republican party is not yet over, but those who wish to see it closed in oné grand catastrophe have only to per: severe in making that serious which is now re- garded by patriotic men everywhere as a first rate Thewspaper sensation and as a capital text lor the democratic journals, which, lacking all fair subjects for discussion and having no great principles to contend for, are waiting to collect enough material to build a new platiorm from which to start ona mew campaign.” Colonel McClure on the Subject. The next gentleman of prominence interviewed on Cwsarism was Senator Aleck K. McClure, tho Chairman of the Liberal Republican State Com- mittee, and one of the leading political luminaries of Philadetphia and of the State. ‘They all know Aleck,” is the saying over here. He was found ab- solved in his professional work, in South Sixth Street, but he courteously responded to our re- quest for his views on Cesarism and the political situation generally. Senator McClure 1s still in the prime of life—not over forty-five years of age— evidently positive and self-reliant, and looks as if he might outlive General Urant and Senator Came- Ton and have years of usefulness yet in store for him. I began the work thus:— CORRESPONDENT—I am instructed by the HERALD to get your views of the third term question, Senator McCLurE—Certainly. I have no views to conceal, I have read with care and much inter- est, not only the able editorials of the HERALD on “Omsurism,’’ but also the views of prominent men as reported by correspondents, I have no fear of Cesarism; we have no Cesar, No student of Roman history will expect the history of Cxsar to be repeated in General Grant. CORRESPONDENT—D0 you anticipate an effort to elect General Grant Jor a third term? Senator McCiturs—I doubt whether a serious effort will be made to renominate General Grant. He may, andi think does, look upon his ejection to the third term as probable; but he is nota fool, and he wili see before the time comes that he cannot elected, and he will de as he did with the St. Domingo swindle—back out when he can’t go through. He thinks and un- derstands better than either his superserviceable friends or most of his enemies give him credit for, and I feel confident that he won’t be a candidate in 1876. He believed that his personal strength saved the contest in this State last fall, The bal- lot stuffers who managed his cause and exacted exorbitant tribute ‘om his respectable and wealthy friends know better. Any republican statesman of fair standing equally acceptavie to the business and: financial interests of the country would have been sonees than Grant, In July he would have been badly beaten; but, however unjust it was, the fact 1s palpable that commerce, finance and our manulacturers regarded their interests as endangere they exhausted themselves to re-elect Grant. I have no doubt that the men immediately about Grant flatter him with the hope of a third term, Cameron promised a re-election to Johnson as long as he had an office to sell or a contract to bargain away or old clothes of any kind to part among his followers, and he will, of course, promise Grant a third and fourth term if the promise is agreeable to the President. Moseby will do the same until all bis guerilla command are provided for, and Pat- terson, of South Carolina, will do the same, As this class of men are nearest the throne the atmos- phere immediately about the President will strongly savor of as many terms as Grant wants, These men seem to have ower now, They were carried up like drift wood the food of last year; but when they proffer (oe fora third term they are only outward), imitating the one of old who said, “All these will give thee.” Long before a Presidential nomina- tion is made for 1876 Cameron will be dethroned in this State, Patterson will most likely be serving the pubitc elsewhere, and Moseby wiil be worship- gins the rising rather than the setting sun. The urphys, the Butie! the Kelloggs, the Holdens and the camp followers generally will all be looking for the coming new man. Grant’s apparent strength to-~lay has its origin mainly in the supreme folly of the remnant of the democratic party. Its relapse in New York, Pennsylvania and Ohio into the bram- bles and swamps where it foundered in Paka deteat for nearly half a generation, eaves no logical and hopeful organization opposed to Grant. Either that party was insincere last year or it ig insincere now, and in either case it will seek popular confidence in vain. Had people’s conventions been called in the great Middle States on a liberal, advanced platiorin, looking to State Teguiation, part of the work of 1876 would have been done this year. But with blind adherence to the democratic organization, when it cannot win a Northern State and its name is unknown in the Southern States, the folly of the movement must be apparent to every reflecting mind. CoRRESPONDENT—W hat is the future of politics in your State ? Senator McCLURE—The liberal organization was an expedient. It failed, and now, with democracy, belongs to the rubbish of the past. But that Inaugu- rated at Cincinnati and the principles there de- clared will command the earnest approval of a large majority of the people of this State and of the Union before the next Presidential election. I see no hope for any change in Pennsylvania this year. Gur Constitutional Convention failed to dis- charge its duty or we should have bad repeating and ballot stuifing broken up. This fal) there will be no restraint upon those who run elections by machinery, and of course they will win. Our re- spectable men pay the crushing taxes imposed on by dishonest rule in this city and also pay the meney necessary to debauch our elections and keep corrupt men in power. But they are grow- ing weary of. it... By and 5 it will be deemed more respectabie to be for honesty in our administration than to follow party blindly, and then our respectable people will be honest, Next year we have Congressmen to ciect, a Legis« lature that is to choose & United States Senator, and our city will have tts centennial Mayor to select. 1 loog coniidently for the adoption of our new con- stitution and the overthrow of traud upon the ballot, Theu this State will be 50,000 against the present republican rule, and then Cameron will be shorn of hia power, and then Grant will be wise enough to decline. When Peni vania swings out of the Grant line, a6 it certaimly will, modern Cavarism will be unheard of thereafter, PRESS OPINIONS. {From the Riehmond Dispatch.) CABSARISM—THE SOUTH. The New York HERALD has succeeded very well in its exertions to raise a discussion of Cxsarism. The clever editor of the New York Commercial Advertiser credited the HERALD for shrewdness in getting up the discussion to fill up a dull period with @ sensation to the advantage of the HeRatp, Whichhe said was an old stratagem with the HERALD. But, nevertheless, the HERALD has some- ‘thing solid to go upon, and has succeeded in call- ing public attention to the subject. It has brought all shades of opinion to bear upon the question. And it is quite amusing to see how many different views have been made tributary to the discus- sion :— First—We have those who regard the question of Cesarism as absurd. They go on to say why it is absurd, but nevertheless discuss it. And we venture the opinion that the mere discussion of it shows that this country has taken a step towards Cwsarism. As in the case of Vice, it is only a stage from the discussion to the embrace. One says the try has no inclination for Genet, another totally unfit to become one, We have the republicans, who deride the idea of Cwsariam and also the idea that Gen- eral Grant wants to be President for a third term; but, nevertheless, they say Genera! Grant may be President for a third term and yet not be » Cwsar. Inaeed, they say that if the republican party Aliguid’ And “thag tt can best advance ity intereste, stitution, they utterly repudiate alike a third term and also Cw towards which a third term is a great stride. But these same uneelfish and patriotic citizens— patriotic locally and nationally alike—declare that it we are not to live under thts happily-restored constitutional government—if the bigoted fanatics and the sordid partisans of the North are to be per- Mitted ad Ubitum to persecute the people of a great section of this Union through the federal government—te abi te alike all State and personal rights 1n that Ia: section and to keep its mhabitants in perpetual fear of some outrage that is to disturb their e, separate them irom their families, destroy their business, or, yet worse, to submit their States to the rule of barbarism and themselves to the terrible oppres- sions of intolerable burdens and wrongs, to resist which they are deprived of all power; why, in that case, it matters not who rules or what beco nes of the government. Clearly, the people thus oppressed would have more to hope from the ‘one-man’? power than they can hope for from @ government which had become the mere instrument of a bigoted, sordid and malignant sectional public sentiment, On these grounds they would hail the emperor, and would be justified in so doing, e do not overstate the case. The “reconstruc- tion”? measures which, we are given to understand by the pions, republican candidate for Governor were ordained by Heaven, were the most heart- less and treacherous that were ever adopted by a civilized government, Our white fellow-citizens of the North, through the federal ernie conferred the right to vote and enti political equality with their white fellow citizens of the South upon the negroes—the late slaves of the South—wnho were utterly incompetent to exercise the rights given them. The act was one that for & long time had been hinted at and indignantly dented by repubitcans, It was feceived by the rty in power with a “hush! It was @ thing not be talked about. It was a reat wrong that must be approached aickwards and with a covering to throw over it. It was a contemplated murder of the biackest grade, and not to be whispered, Yet it was perpetrated; and, as when Duncan and his household were assassinated the bloody daggers were left upon their bedies to show that they did the deed themselves, so were the people of the South accused of having made the measure neces- sary. The ballot was prociaimed as necessary for the protection of the negro (how infamously talse!); and, following ap this idea, laws were Passed which upon their face proclaimed distrust of the white man and placed him at the mercy of the tederal officials, backed by the army and navy. ‘They were liable to arrest On the most frivolous tides to trial by prejudiced juries, to convic- ion upon ex parte testimony, and toimprisonment far from home any enere where the federal exec- utive chose to send them, It was the reign ef terror. The land was filled with apprehension. The people could imagine no limit to such wrongs heaped upon them by a gov- ernment to which it had submitted, and which it ardently desired to make ag fair, as prosperous and as powerful as possible, But what was the course of their Northern fellow citizens? Election after election jollowed, and Still the wrongs Were approved and the oppres- sions continued, The negro was placed in the as- cendent in seVeral of the most presperous States of the South, and thetr governments were admin- istered in a manner 80 oppressive, 80 wasteful and dishonest that the wonder ts how it could possibly be permitted in a land claiming to be civilized. The white inhabitants of those States were help- less, and, instead of being relieved from the terri- ble government which their Northern fellow citi- zens had given them, the federal government strengthened the hands of barbarism and corrup- tion and showed no pity for the white victims who were as refined and as intelligent and as just as any people on the face of God’s earth. Now, then, we say, and we believe every Southern man will say, if the federal representative govern- ment is to be used by a controlling section of this Union thus to oppress another section ina manner at war with right, with good policy, with humanity and civilization, then in name give us an emperor. If he is good he will be impartially so. If he is bad he wili be equally impartial in tne dis- sper 01 bis vicious policies. — His impartiality in eltber case would tend to harmony and union among the people, They would soen learn to un- derstand the right of all to the equal distribution of benefits, and {f, on the other hand, we had a brutal tyrant to obey, the consolation would be reat to those who suffered to know that their fel- ow citizens shared their fate and would be united with them alike in sorrow and in resistance to tyranny should resistance be resorted to. If, however, our fellow citizens who have so wronged their own characters and so outraged the constitution 1n approving our oppressions may be led te repent and struggle for the re-establishment of the constitution, we of the South will cry, “Away with Cwsarism! Up with the constitution! Liberty and the constitution forever |” But let us say that the calm talk about a third term of General Grant among the republicans certainly offers poor encouragement to the hope for this happy revolution of Northern public senti- ment. True, the constitution authorizes the third or the fourth or the fifth term for,one man; but our forefathers considered the long continuance of one man in power at the head of the government 80 dangerous that no man to this day has ever dared to go beyond the second term, and, from 1824 to the present day, it has been the declared policy of all parties that the Presidential office should be limited to one term of four years for each of its occupants. When a country forgets the virtues and the usages of its fathers it is in a bad way, and we do not think the warning of the HERALD out of place. “The Ides of March remember.” [From the Troy Daily Whig (administration), Au gust 26, It is not necessary to go over Grant's life to show that he is not and has not been aCwsar, He is very unlike Cesar. We might draw out a compari- son and show that Grant does not belong to an old and aristocratic family; that he was not trained in civil affairs; that he lived a quiet and obscure life until he was called from his retirement vo take a@ part in the war; that, unlike Cwsar, he is not a scholar nor an orator, nor a politician prac- ticed in all the arts of the demagogue; he has not had rivals at the head of armies, all striving to ob- tain the supreme power. When he had beaten Lee he disbanded the rebel legions, and he led his vic- torious troops to Washington, not to usurp the government, but to dismiss them and return them to their homes and shops and the arts ot peace. The United States have no resemblance to Rome. They are nota city that has warred against and destroyed othe They do not hold the world in subjection by armed legions commanded by con- suls and proconsuls. ey have no armies; they have no great aristocratic families, proud of their descent and accustomed to exercise all the civil and military offices of the nation. Our govern- nent is a representative system, entirely different from the concentration of power in the Roman Senate, There is nothing in the condition of the United States of which a Cwsar could take advan- tage, even if we had a man With all the intellectual qualities of @ Owsar and all the ambition of a Napoleon. [From the Pottsville (Pa.) Miners’ Journal, (admin- istration), August 26.) ‘Ihe New York H&RALD Started the idea of a third term for the purpose of creating a sensation and to damage the republican party. 1n order to settle thts question it is the duty of the republican press, who really desire the success of republican princi- ples, and are not the mere puppets of officesnolders, to plant the seal of condemnation on this project at once. We, for one, will not support General Grant for hd other President for a third term. We are decidedly in favor of amending the constitu- tion go as to ix a single term of six years for the President to serve. {From the Keokuk (lowa) Gate City.] Accepting an elective oMice Cesar subverted the liberties of Rome, changing it from a republic to an empire. The NEw YorkK HeRaLp professes to be afraid of two things—tirst, that Grant wants & third term of the Presidency; second, that, al- though this is not at variance with the constitu tion, it would tend to Casarism—it would estab- lish one-man power in this country, nak 4 the opinions of about al) the newspapers of the country on the subject, it has sent reporters to as- certain the personal views of leading editors in the four cities of New York, Cincinnati, Chicago and Richmond, Va. While we think the Hega.p in all this is inspired by no more serious alarm or pur- pose than @ desire to advertise itsel!, yet the re- wult Of these Wnterviews is very Teadabla. THE COURTS. THE RAILROAD BOND —FORGERIES, Continuation of Argument by Counsel for Bail—Affidavit of the Aceused Yates-- The Case To Be Resumed To-Day, PRESENTMENT BY THE GRAND JURY. War Declared Against the Street Stands— A Raid After the Curb Stone Venders—Great Noise and Little Wool. BUSINESS IN THE OTHER COURTS. Commissions for street and park openings are becoming an expensive feature of our municipal government. Within the past few days applica- tions have been made in Supreme Court Chambers Jor Mandamuses against the Comptroller to pay two sets of Commissioners—one for the extension of Madison avenue and the other for opening 110th street, A similar application was made in the same Court yesterday, before Judge Fancher, to compel payment of $5,000 each to Messrs. Trap- hagen, McClave and Seaman, the Boulevard Com- missioners, Mr. Hogg, the clerk, also sceks to be paid a like sum, An alternative writ was granted, and the same will come up for argument on Mon- day next. The Grand Jury of the Oyer and Terminer, as willbe seen by the report below, have made a presentment against curbstone venders et id omne genus, excepting, however, the curbstone brokers who ply their vocation about Wall street. It re- mains to be seen whether more will come of it than from similar presentments by former grand juries. The case of Johnston and Yates, charged with being concerned in the alleged forgeries of New York Central Raliroad bonds, seems to be set down Tegularly as part of the day’s programme in the Court of Oyer and Terminer. Arguments upon ap- Plication for their release on bail were to have been heard yesterday, but as the Grand Jury have Dot yet brought in the promised additional indict- ment against them, the same, for the convenience of the District Attorney, was postponed till to-day. Meantime the statement of Mr. Yates was pre- sented in the form of an affidavit, and will be found in the report of the case elsewhere, THE RAILROAD BOND FORGERIES, Another Postponement of the Bail Question in the Case of Johnston and Yates—Statement of Yates. The case of James W. Johnston and Joseph J. Yates, charged with being concerned in the recent forgeries of New York Central and other railroad bonds, was up again yesterday betore Jaage Fancher in the Court of Oyer and Terminer, Ex- Mayor A. Oakey Hall and Wm, F, Howe, the counsel for the accused, were promptly on hand and announced their readiness to proceed with the argument upon the motion previously made to admit the accused to bail. Assistant District attorney Allen said that the Grand Jury bad not yet brought in the additions, indictments against the prisoners, as he anticipated they would do, and that until these further indict- ments were presented he would not be ready to argue the motion, and, thereiore, asked the delay of another day. Both Mr. Hall and Mr. Howe expressed their willingness to walt, as before they proceeded on their side they desired to get all the iacts on the other side. An adjournment of tne argument pocordinayy took place till this morning. Mean- time Mr. Hall read the affidavit of Mr. Johnston, 48 published in yesterday's HERALD, and Mr. Howe read the following amidavit of Mr. Yates, embouy- ing his statement of the accusation against him :— AFFIDAVIT OF MR. YATES, City and county of Nee York, sa.—Joseph J. Yates, being duly’ sworn, deposes and says:—I am a citizen of the United Btates, und have been @ resident of the city of New York for the Just twenty-two years past. Tam in re- utable business, and have been employed up to the ver y flour ot my arrest by J.P. Clark, brush inanutacturer, ot 130 and 132 Reade street, in the city of New York, in the capacity of bookkeeper ler. hereby solemnly declare and attirm that I neyer had any connection in any way, manner or shape with forged bonds of New York Central Railrod, New York, Buffalo and Erie Rail- road, or forged bonds of any kind whatever. I am inno- cent of any offence, and here insist that I have never committed any crime whicn will justify the imprison- ment I am now undergoing: I protest that I ain now Mlegally, unjustly and crueliy deprived of my libe: without'a hearing, having been taken from my family and confined in Police Headquarters for three d the out permission to communicate with either wife or coun- sel, and then next intormed that indictments had been filed -against_me On charges of torgery, which cannot be tained by evidence ‘and which will not bear the vestigation. I demand, as a citizen of e United States, my constitutional right of immediate trial. I am innocent of the commis. sion of the offence for which I am indicted, and I desire tomeet my accusers face to face. My further detention will be a crue! wrong, and I demand. of justice, that District Attorney at once place me on OSEPH J. YATES. release me on Sworn to betore me, this 10th day of september, 1873, Tuomas F. Gunoy, Notary Public, In the case of Johnston, Mr. Hall announced that he would call, as one of his first witnesses, Mr, Au- gust E. Banks, broker, of No. 5 New street, the principal witness for the prosecution, WAR WAGED ON STREET STANDS. Important Presentment by the Grand Jury—Afier the Curb Stome Venders— General Fasilade Against Ali Sorts of Street Obstacles, The Grand Jury of the Court of Oyer and Ter- miner, not content with their inquisitorial re- searches, which they have pursned with a most commendable spirit of unflagging zeal as to the guilt or innocence of persons charged with crime, have instituted particular inquiries as to the sub- ject of street nuisances in general. On the assem- bling of the Court yesterday morning, Judge Pan- cher on the bench, they made the following pre- sentment on the subject of street obstacies:— A TERRIBLE PRESENTMENT. GRAND JURY ROOM, Sept. 8, 1873, To THE HONORABLE JUDGE OF THE CouRT oF OYER AND TERMINER:— The Grand Inquest, now in session, respectfully presents as @ nuisance various streets in this city, as regards the neglect of those having them in charge inthe several matters of paving, repairs of pavements, encumbrances permitted’ therein and the injuries to private property as well as the heaith and comfort ef the public at large, The recent action of the Board of Health in clear- ing away the pestilent structures immediately ground the markets 1s of great benefit; but the continued occupation of the sidewaiks around the markets, blockading travel of foot passengers, and the use of the same for the sale of articles hetero- geneous to the object of a market as au emporium of food, should be abolished, The sale of ready made clothing, shoes, stockings and wooden. ware, tinware, crockery aud earthenware, as is carried on on the Washington street sidewalk of Washington Market, and the occupation of Vesey and Fulton streets for @ long distance approaching thereto—the display of the greater part of the owners’ stock elther on the sidewalk or pendant from the sheds built over it—are serious impediments to the use of the streets by the public, for the private beneft of parties with- out right to the same. Another constantly increas- ing Invasion of the public rights is made by the ni nd fruit stands, planted, without slightest regard to pubiic convenience, wherever a spot suited to trade presents itself to thetr owners, On the east corners of Broadway and Fulton et newspaper stands are maintained, which though perhaps located to the very verge of the owners’ property), attract and continually detain a crowd Of persons on the sidewalk either to view the pictorials displayed or as purchasers, where the immense amount of travel requires even more than Dow exists of sidewalk. Op the corner of Dey street and Broadwa; where the Western Union Tel ‘aph Company’ building is going up, a fence, protection, is placed, cutting off the view of persons coming down Broadway irom what may be coming up Dey street, and an individual has settled himself with fruitstand on the only spot which is left for s: to foot pewearice who may arrive at the corner just at moment that any loaded vehicle com- ing up Dey street may compel nim to turn to save bithsels trom, being run over or crushed. In Pine street, near Broadway, parties are Vending frait trom stalls or hand carts ou the side- passageway to the pablic of three feet wide, a fair chance of falling into the ad- ol cellars when more than two rt ersone mest at point. These are singled examples impositions on the public, ofa array of empty truck carts and other vehicles 5 gt the streets, sranaing out at ht and often in the is another way "or the Mubiie streets, to eave ths Owners the tole r storage place for their property. roTha condition of thet paving of many of the streets and avenues calls for severe terms of reproach and conde! of those having them in charge— dangerous to Yehioles and their oscupante by the holes and rats, and to the health of the neignbor- hood the natural consequences of accumula- tions of ith and moisture which the usual of street cleaning cannot obviate or remove. Ke- spectfull: C, D, P, FIELD, Foreman, isaac K, Secretary. BUSINESS IN THE OTHER COURTS. SUPREME COURT—CHAMBERS, Decision. Judge Fancher, Lintheum va. Buasee vane @ not ment of this order; serve a copy of aon aete: ‘SUPERIOR COURT—CHAMBERS, Decisions. By Justice Van Vorst. Wood vs, Coar.—Motion granted. Degramu vs. Kerrigan.—Order grant The Germania Bank vs. Hewitt.—Order granted. Cong vs. McCartney.—Motion to reduce bail granted, ¥ink va. Alien.—Decree of foreciosure granted, MARINE COURT—PART 1. Can a Man Take His Stolen Property Wherever He Finds It? Before Judge Curtis. John Mathews vs. John H. Welch.—This was an action of replevin brought under the foliowing cir- cumstances >—The plaintiff loaned to one Hooley a sum of money, and received in return, as security, gold watch of the value of $260. One Currer, an agent of platntif, desiring to price the watch, en- tered the store of the defendant for that purpose. Mr. Welch, on an inspection of the ticker, declared that it was one purchased) of him under the following circumstances:—‘hat an un- known man gave him in exchange for it a forged check upon the Shoe and Leather Bank, upon the face of which appeared a forg certificate of the bank. Mr. Welch believed at the time of the sale that the check was genuine, The defendant retained the watch and refused tb give itup. Plaintiff contended on the trial that he was bona fide purchaser irom Hooley, and denied that the certification was a forgery. Judge Curtis charged the jury that if they were satisfied that the check in question was & forgery and the identity of the watch sold by Welch wit! that of the one in controversy was established the defendant was entitled to recover tor the reason that Matthews, although entirely innocent himselt, derived his title through the Jelonious act of Hooley, and that the relation of Hooley and Mat- thews was that of pledgeor and pledgee, and not that of vendor and vendee. The jury found jor defendant. MARINE COURT—PART 2. Decisions, By Judge Shea, Cullman vs. Gossleyer.—Action for goods sold and delivered, Inquest by default and judgment for the plaintiff tor $406 44 costs and $25 allowance, Everett vs, Startup.—Judgment by deiault for plaintiff for $606 costs ana $25 allowance. Reid vs. Ryan.—Action upon promissor: Inquest by de,ault and judgment tor tbe p! $168 48 costs and $25 allowance, This Part adjourned to Monday. MARINE COURT—CHAMBERS, Decisions. By Judge Joachimsen, Clapp vs. Wilson.—Motion granted, on payment of $10 costs of opposing this motion and consent- ing that cause be placed on day calendar for first Monday in October next, Entwise vs. Halligan.—Warrant of attachment granted. Kohiheim vs, Schram.—Order vacating arrest granted, discharging defendant trom imprison- ment. Smock vs. Woodhouse.—Order granted, opening default and restoring cause to its piace on calen- dar. Wolff vs. Dare.—Motion denied, with $7 costs, to abide event, Sohlansky vs. Gray.—The defendant, by her de- Jay, has already virtually annuiled tue effect of Judge Spauiding’s order. She may be relieved if within two days she pays into Court the amount required by order of August 29, serves notice in the meantime, consents in writing that the cause be set down for trial for the 1th inst., in Part 3, and pays $10 costs of opposing motion, Worth vs. Birdsall.—On defendant's complying, within three days, with Judge Spaulding’s order and paying $5 costs of opposing this motion the answer may stand and judgment be opened, de- dendant to pay disbursements. Caleaquino ‘ve, Cohen.—This jadgment must be set aside; but as the notice does not point out Irreguiarities and there 1s » want of jurisdiction on the of the record, no costs ean be given. Freeman vs. Salomon.—The defendant may have an order to pea inquest and judgment on payii $10 costs of trial, $10 for opposing this motion an all disbursements. Cause to go on day calendar in Part 2, for September 15, 1873. Carter vs. Lumley.—Piaintive has leave to with- Son og motion without prejudice on payment of cost note, tint tor COURT OF GENERAL SESSIONS, Before Judge Sutherland. His Honor the City Judge presided in this Court yesterday, having recovered from his temporary indisposition. Barglary. Henry McCartan was tried and convicted of being concerned with others in burglariously entering the tailor’s shop of John Hilly, No. 333 Bleecker street, on the 18th of August, when eight eces Of cloth, worth $80, were taken. Having Beet! recommended to mercy, the Judge sen- tenced him to the State Prison or eighteen months. Grand Larcenies. William H. Romer, charged with stealing, on the 14th of August, @ laay’s suit and three coats, valued at $75, the property of Robert Taggart, pleaded guilty to an attempt at grand larceny. He was sent to the State Prison for two years and six months, John O'Net!, who was indicted for stealing wear- ing apparel, valued at $142, on the 20th of August, owned by Julia Lowenthal, Biesaee guilty to an a:tempt ‘at grand larceny. Fifteen months in the State Prison was the sentence imposed. Edgay Godefroy, who was charged with stealing a@gold watch and chain, worth $70, on the 26th of August, from Kegis Sénac, pleaded guilty to an ade at larceny. Godefroy was sent to the State Prison for two years. Petit Larcenies. Eliza Cody pleaded guilty to petit larceny, the eharge against her being that on the 30th of August she stole $41 worth of clothing belonging to Clara Weber. Ns Mary Jane Mammon and Louisa Ridge, who were indicted for stealing, on the 23d of August, a pock- etbook, vaya $10, from the person of Susan Bambach, pleaded guilty to petit larceny. mith, @ man over sixty. years old, charged with stealing a basket of cham) 6, Val- ued at $26, the property of Oscar P. Blackman, pleaded guiity to the minor grade of larceny. These prisoners were each sent to the Penitenti- ary for six months, A Burglar and a Forger Sent to Sing Sing. William B. Smith, against whom was an indict- ment for forgery, pleaded guilty to a charge of burglary in the third degree. On the morning of the 28th of June he broke into the office of Rufus Darrow, No. 301 West Fifty-first street, and stole a gold chain and $50in money, He was sent to the State Prison for four years, A Disagreement. Patrick Barrett was tried upon a charge of steal- ing $160 from Bernard O’Connor on the 18th of August last, A brother of the defendant, who strongly resembled him, testified that O'Connor was very drunk upon the night in question, and that it was he, and not Patrick, who took the money from the complainant for safe keeping. The ac- cused proved his good character by wholesale Uquor merchants, As it was impossible for the Jury to agree upon a verdict they were discharged. TOMBS POLICE COURT, Before Judge Hogan. On the 8th of this month Henry Adier, of the firm of Adler & Co., No. 56 Leonard street, missed from their stock six boxes of velveteen, valued at $100, Detective Richard Fields, of the Fifth precinct, was called in and the facts were stated to him. He at once suspected the porter of the establishment, Henry Peters, and arrested him. Peters coniessed to the detective that he had on the morning of the sth let in Henry Belmont a James Lawrence to the store, and that they and the property siolen were to be found at 110 Chrystie street, Detective Fields went there, found the two men named and six boxes, which were iden- tifled by Mr. Adler as having contained the prop- Sane in Leyla haere dwamer tis and Lawre: arraigne ore e verday, Gud held in'$1,000 balleach to answer’ JEFFERSON ARKET POLICE COURT. A Scene in Court. Yesterday morning, while Justice Cox was dis- charging the watch at the Jefferson Market Police Court, a lawyer named John Mctt appeared before him as counsel for one of the prisoners, This gen- tleman, while arguing @ case recently on 8 writ of certiorari before the Supreme Court, as reported, had accused Justice Cox of malice in sending ius client, @ negro, to the Island, because the latter, while acting as United States marsbalan election ~~ arrested him (the Justice). as soon as lonor observed the lawyer before him he at once called his attention to the statements he had made, and pronounced his assertion false both as to the facts and inierences. ‘I should prefer to speak of the matter in pri- . So, aur spebaea His Honor, with energy; “No, Tespol or, : “you made the assertion in public, and 1 answer you publicly. The statement attributed to you is ‘unqualifledly false. I never was arrested on elec- tion day, as stated, and of course could feel uo malice against your client for the act.” Mr. Mott then disavowed making any such state- ment as reported before the Court, and the matter ended, A Beautiful Young Girl Turned Thief. At the Jefferson Market Police Court yesterday, before Justice Vox, a beautiful young girl, sixteen years of age, named Mary McCarty, was arraigned on two charges of grand larceny, made respec- tively by Mrs. Katherine A. Cole, of 318 Fourth avenue, and Mrs, Annette Cantel, of 383 Sixth ave- nue, It appeared upon the examination that the girl had, sometime since, abandoned a comfortable home and adopted thieving as a means of liveli- hood. After a variety of experiences she finally became associated with a noted criminal named “Billy” Gardner, who, by the way, was on Tuesday sentenced ‘to tne Stale Prison for seven years on charge of larceny. Their custom was to engage a turntshed room ip some residen and, when opportunity atforded to gather together what valuables they could an decamp. In this manner the prisoner had stolen Wearing apparel, silverware and other articles from Mrs, Cele, to the value of $112, on the 2d day of At and soen after articies of a similar character, valued at $155, from Mrs. Cantel. De tectives were put a her track, who ascertaincd where a portion of the property had been pledged, and ultimately succeeded in arresting her. She was committed in default of $2,000 bail to answer. COURT CALENOAR—THIS DAY, SUPREME COURT—OHAMBERS—Held by Judge Fan- cher.—Nos, 68, 96, 98, 169, 170, 174, 181, 180. 190, 192, 194, 197, 207, 208. [ARINE COURT—Part 1—Held by Judge Curtis.— Nos. 2760, 2842, 2847, 2849, 2850, 2852, 2854, 2856, 2858, 2864, 2866, 2868, 2870, 2872, 2874, Part 2—Adjourned until Monday, September 15. Part 3—Nos, 2803, 2559, 2617, 2678, 2809, 2810, 2768, 2292, 2896, 2828, 2830, 2832, 2834, 2838, COURT OF GENERAL SeEssions—Heid by Judge Sutherland.—The People vs. Peter Brennan and William McNamee, robbery; Same. vs. Frank Golden, robbery; Same vs. Mathew O’Niel, Tobbery; Same vs. John Murphy, robbery; Same: vs. Timothy Lane, James srennan, William Noonan, William Dempsey and Charles O'Niel, rape; Same vs. Michael Foran and John Broderic , rape; Same vs. Daniel Sullivan, Tape; Same vs. Samuel 8, Cox, felonious assault and battery; Same vs. Peter Monaghan, felonious assault and battery; Same vs. William White, burglary; Same vs. David Carney, larceny and receiving stolen goods; Same ys. Hugo Urban, grand larceny; Same vs. Mary Lambert, grand Jarceny; Same vs. Henry Becker, grand larceny; Same vs..Bernard Mooney and Frederick Rogers, grand larceny; Same vs. John Benson, grand lar- ceny; Same vs. Charles Bender, felony, law 1861; pe vs. Charles Gump, two cases, felony, law BROOKLYN COURTS, CITY COURT—SPECIAL TERM. The Spencer Divorce Suit. Beiore Judge Neilson. This suit again engaged the attention of the court yesterday, The husband sues for an absolute divorce on the ground ot adultery, and the wite, who isa daughter of the late William M, Bradbury, of New York, alleged in a counter claim for a separ- ation that Mr. Spencer had ill treated ber. Om Plaintif’s motion this portion of the answer wag, stricken out. Mrs. Spencer asked for alimony and counsel fees; but objection was made, on the ound that she yee posnessed of sufiicient means, aving the interest of $10,000, and being the owner ofcertain real estate. She consented to take $2,000, giving a mortgage to the amount on the Tealestate. She is now secking to have the ques~ tion of adultery tried before a jury. The case was fully reported in the HERALD when: it first came up. , ‘The Civil Damage Law. The first suit im Kings county under the Civil Damage law will soon be tried in the City Court. Mary Donohue has sued John Shanley, a liquor dealer in Gold street, for furnishing “intoxicating: liquors to her husband, whereby he became in- toxicated and prey unfit ior business, neglected his family of six children and tailed to provide for them or this plaintiff.” She further charges that he has become an habitual drunkard and that on one occasion he maltreated her. Shanley, she avers, continued to sell her husband liquor, not- withstanding her repeated requests to him not to do so. The damages are laid at $2,000, AN INSANE WOMAN HANGS HERSELF, Mrs. Anna Bernard, aGerman woman, forty-eight years of age, who has long been afflicted with fits of insanity, yesterday morning, while in a deranged state of mind, hanged herself in her room at No. 222 East Broadway, by means of a rope which she had gepured) about her neck. Coroner Keenan was notifies INSTRUCTION. T THOMPSON'S COLLEGE, 20 FOURTH AVENUE, opposite Cooper Institute:—Bookkeeping, Writing. Arithmetic and Javauages, ney, and evening. Ladies” department. Telegrapay taught practically; demand for operators. —Tuition $0. N EXPERIENCED CLASSICAL, MATHEMATICAL, and Knglish r, scholar and gold medallist ot foreign university, desires to establish a school. in which the thorough drili of Knglish public schools will be Given; meantime takes private pupils, prepares for college gue or American): city references ot the highest Address TOTOR, box 102 Herald office. N EPISOUPAL CLERGYMAN, ON THE HUDSON, near New York, having three boys at school with vs would take two more; terms Address PROC- ‘OR, Herald office. GENTLEMAN WITH EXPERIENCE WILL GIYB A, <instraetion to private pupils as a resident or vustin 5; reife) vi rms reasonal le T GOODWIN, 90 East Thirteenth street aie HOME BOARDING SCHOOL FOR CELLDREN.= Healthful location ; 40 miles from New York; in- struction in the English branches, music and. needio~ work; terms moderate. Address Mra, HARRIETTE K, SEYMOUR, New Oaggan, Conn. EDFORD FEMALE INSTITUTE—NOW UNDER the care of Rey. and Mra R. J, Cone, resumes du- Per deptember 5, 1873. For particulars addres PiINEAS OUNSBURY, President, or A. WILLIAMSON, Secre- tary, Bedford, Westchester county, N. ¥. OLBEAR’S COMMERCTAL COLLEGE, 875 BROAD. way, corner Eighteenth street, Is specially designed jor first class families; gentiemen, ladies and boys can have private lessons In business Writing, Bookkeeping, Arithmetic, sii Mess, cramping and nervousness entirely cured in a few lessons; open day and evening; 0 EAN COLLEGE, BINGHAMTON, N. Y.—WILL RE- open Tuesday, September 16, 1873. It offers the very dest facilities to young ladies desirous of iris thorough collegiate education, with every mplish: ment. and at a moderate expense. For ht eo an articulars apply to J. W. SCHERMERHORN, Le id FO iew York, or address the Secretary, Rev. R. A. PA 10, at the College. IREEHQLD INSTITUTE, FREEHOLD, Ni JER- pl Catalogues send to Rev. A. G. CHAMBERY. prexce LANGUAGE TAUGHT—BY A FRENCH entleman, at his own or pupil's residence, Call om or address PROFESSOR, 38 Clinton place. L ESPTNASSE FORT WASHINGTON INSTITUTE POR Sasnen Sp pie aan te sone 2 Circulars at LESPINASSE & FRIEDMANN’S, 12 Pine street. 1 Bg 4 IN FRENCH BY AN EXPERIENCED Wawel For terms address B. ©., box 108 Heraid o 188 RYER’S SELECT SCHOOL FOR YOUNG CHIL dren will reopen on Tuesday, September 9, in the Wesleyan Chapel, on Seventh avenue, between Thin teenth and Fourteenth streets, 188 STERRS’ Boarding. and School, neta tate ge A ES recat ‘ be sent for puplls without charge. aay aon ‘BW METHOD OF LEARNING FRENOM, GERMAN i and Italian pertectly by conversation and readi: Dy ¥ a superior lady teacher ym Paris; best BealOSGSi ete Wet iawetath owes. 8? ro — NNSYLVANIA MILITARY ACADEMY, CHEST: P Pa, ‘only annual vealed reitth ry we ptember 10. Civil, Bngineeriny funn? taught , Classics and B Apply to Colonel 1H OCKLAND INSTITUTE. yi ine atom, N. Y.—Sevoral Fi Cottages, grounds and near the Md las on insti tute, are for rel Sie teria to those who wish reside here to ‘educate ag Doe ie: satya oy TUDIES WILL BE RESUMED IN ST. JOHN'S COL- Semi iene tetera cm apply to JOS. BHA, RS puses REMUS ese ane eS, MISCELLANBOUS- “ pe eB terme. 5 Waren orator oon 'LOTE, Sich PPE ware Pa OTON BUG, it, Core can got a olzoae geen jote ls, Foaches. moths