The New York Herald Newspaper, September 12, 1873, Page 4

4 ARTHUR PRINE'S PERJURY. The Latest Outgrowth of the Kelsey Tar-and-Feather Case. CLOSE OF THE EXAMINATION. Held to Await the Action of the Grand Jury. Prime RURAL COURT ROOM INCIDENTS. Hustineton, L. L, Sept. 11, 1873. ‘The examination in the case of Arthur M. Prime charged with perjury in connection with the Kelsey tarring and feathering outrage and presumed Tagedy, was resumed this morning here tn Justice Monfort’s little court room. There were about fifty persons present and considerable interest was manifested in the case. Messrs. Young and Platt appeared for the prosecution, and Mr. J, L. Smith for the defence. Prime is a member of one of the oldest and wealthiest families in Huntington. Henry F. Kelsey, recalled, identified a copy of the complaint in the proceedings before Justice Monfort begun on the 18th of December last; that is my signature appended to this complaint. (Com- plaint and deposition were both offered in evidence, including the depositions of other parties thereto annexed.) Mr. Smith objected, first to the introduction of the complaint, and, secondly, to the introduction ofthe aunexed documents, He was sorry to be compelled to object in this way when it was so easy for the counsel to prove their case in the Tegular way. Mr. Young argued that there could be no better ormore regular proof of these papers than was ‘Row offered. Would the counsel stato in what way the proof was irreguiar? Mr. Smith—I don’t propose to instruct the counsel. Mr. Young—Well, you seemfto do so. Mr. Smith—You seem, as Mr. Platt remarked yesterday, to be going butt end first. Mr. Young—That’s the right way. I ask Your Honor to taxe judicial notice that William H. Mon- fort-was at that time a Justice of the Peace. Here ts an afidavit of Henry F, Kelsey, with the jurat; also that of William J. Wood. Mr. Smith—It does not appear to be acomplaint Against any specific individual. Mr. Platt—That has been ratsed before. Mr. Smith—On, yes; but now we will raise it be- hind. (Laughter.) Mr. Platt—On the butt end plan. Mr. Smith then formally stated his objections, which were overruled, Kelsey continued—The examination occupied Several days; it commenced on November 30; 1 was Present. On cross-examination witness testified—There ‘were three persons present, Justice Monfort, H. C. Platt, Mr. Young and a number of witnesses; the examination was conducted with closed doors; it ‘Was private; some citizens endeavored to obtain admission, but were refused. Redirect—I saw persons excluded; I can give Names; I recollect Dr. Banks being excinded, also bere Adams; I saw Claudius B. Prime outside the joor, Q Were these persons disorderly in the court oom? A. Well, they appeared to be excited ; they Sone thers was no reason why they should be pt out. Mr. Smith—Yes, thav’s it; let us get that tes- timony down. id i ee Witness—The doors were opened forcibly; there ‘were officers endeavoring to keep them closed, Were not these parties subsequently brought up befere tne Justice for their disorderly conduct before him and for criminal contempt, and did they Dot plead guilty? Objected to as irrelevant, ana quite a “shine” Tesuited as to who introduced the subject of dis- ute. bs Mr. Platt undertook to state what Mr. Smith’s object was in drawing out this testimony; it was toprove that the whole proceeding belore His Honor was irregular and iliega). Mr. Smith—I am glad the gentleman can see so far into a millstone, 1 know by common report that the public were excluded. Mr. Platt—Yes, Mr. Stremble (Mr. Smitn’s law Partner) among the number. Justice Moniort finally decided that the matter was irrelevant and it was dropped. Coroner Valentine Baylis then took the witness stand and tertified as to the proceedings before him at Oyster Bay on Tuesday last, and identified the oficial record of the testimony of the prisoner, Arthur M. Prime, in which Be contradicted wholly bis testimony as given in December last, in the alleged secret pro- ceedings. The Coroner’s record of testimony was then read and admitted in evidence. Question by Mr. Smith—Did the deiendant, Ar- thur M. Prime, 1p any portion of that testimony state that he saw his father, Claudius B. Prime, on Mrs. Vakley’s premises on the night of November 4% A. 1 don’t recollect the whole of his testimony. Mr. Young—His testimony will show for itself. Mr. Smith—i mereiy asked to correct the testl- Toony of one of your witnesses yesterday. Coroner Baylis—i can't undertake to correct the whole of that testimony ot nis'n. Q. Did the witness answer any of these ques. tions under your dircetion? A. He did one ques- tion only, | think. THE LAW CALLED FOR. Considerable chatter was indulged in at this int, aud in the interval the constable, Pete Tainer, courteously handed the prisoner three pea- ‘uts out of 9 pocketful, in the way of a light Innch. Prime enjoyed them, apparently, and saved tne shells in bis cap. Severalof the auditors amused themseives by buffeting a black cur dog under the Seats, and one young Man, Who appearad to fear sunstroke, stood right up in Court ali the while With his hat on. At the close of tne Coroner's testimony the tes- timony was deciared all in. Mr. Smith, counsel for Prime, stated that he had No desire to address the Court, but would merely call attention to a few of the points which he con- sidered would govern the case. He claimed that the evidence given by the prisoner was not a sub- & of perjury; that the testimony was not given re a Court of proper organization or ju ie tion; that the testimony was net given before an officer having jurisdiction to propound questions and take sworn testimony; that the testimony on this trial is not such asthe law requires to make this a prima facie case of perjury—to prove perjury Tequires the testimony Of at least one witness to Cerroborate the circumstances; it requires or- dinarily two witnesses to corroborate the circum. Btances, but one witness may be suficient; that the statements alleged to have been made by the prisoner are mereiy corroboration, the main evi- dence being wanted. 1 hold that there is not made Out here a prima Jacie case suficient to boo f the mind of the Court legally to conclude that the prisoner is guilty of the offence charged. Mr. Young, for the prosecutien, then addressed the Court briefly, claiming that it would not be Worth while jor tue people to proceed agatnst every party who is Fechutcally or in point of fact guilty of perjury in every case or upon every occasion where it may be committed. Bat where it is committed ina case of great pub- Me interest or aflects tmportaut individual rights it becomes at once a matter of dec) concern to the ‘whoie community. Here is @ case where a party appears to have come to his death by violence, and Where it is impossibic apparently to obtain’ evi- @ence from those who are supposed to be cogni- ne of the facts of the mauner of his death, pder THE SANCTITY OF AN OATH this defendant has attempted to tride with the om- cer who is charged With the investigation of the Offence. Not ouly this, but he doves it repeat- edly, and states that he bas considered the matter before he comes to testify, and has been ad- vised, as we assume, by the guilty parties, if he ‘Was 80 advised at all, or at least by persons who had an object in view in trying to shield them- selves from the consequences of their connection ‘with the matter, He hes the audacity, at a subse- quent investigation over the remains of this de- ceased party, to swear that his former testimony on this subject was al ‘ther false. After quoting from the law on the subject of periury the counsel closed by reviewing, in brief ere question as to the legality o/ the proceedings betore Justice Monfort, in December last. The counsel closed by asking that the prisoner be committed. ‘Justice Moniort announced that he would render bis Ceges ¢ Rey oem and the Court was ad- journed un fs ot was neariy three o'clock, however, before jurt Was reopened. Justice Moniort arose and said—I find it to be my ainsul duty to bold the prisoner to await tle ac- ion of the Grand Jury. I don’t see how I could do my cusy by making any other decision. . Smith reques' that the Court would al- low, ifit had the power, ® reasonable tme to elapse before placing the Commitment tn the hands Of the officers, so ag to enable the joner to be adinitted to bath Reed had already been Velegraphed to in reference to the matter and an auswer from him was momentarily expected. It Was desirable that 1t should be done at once, $0 a8 W avoid the necessity of conveying the prisoner to the jail at Riverhead and then resorting to the ex- pense and DELAY OF HABEAS CORPUS ‘Brocecdings tacdect an obiect which could rox public interest. Justice Montort said there was no necessity of any unusually harsh expedient in thiscase. He would inform Constable Trainer as to the reason- able discretion which he has full authority to exer- cise in the matter, Besides this it would take some little time to prepare the necessary commit. ment papers, anda reply from Judge Reed might be received before that time. The Court was then adjourned, and the small as- semblage dispersed, About three o'clock answer was received from Judge Reed that he would be here to attend to Prime’s application for ball to-morrow; but Con- stable Trainer seems to be mad about something, and the chances are fifty to nothing that youn Prime will sieep in the county jail, at Riverhead, sixty miles distant, to-nignt. The Grand Jury of the Court of Sessions will con- vene on Monday next, and Prime’s case will then most likely be brought before them. When the prisoner’s wife heard of the result she Kelsey's Literature. ’ The following are some examples of Kelsey’s let- ters and pen picturings which I obtained to-day through the courtesy of Mr. Pratt, associate coan- sei forthe people. They are selected from among a dozen specimens addressed to various persons, in- cluding several to Julia Smith. In these latter, while there ts nothing obscene, there is much low and contemptibly libidinous double enten- are, The Mrs, Stuart to whom one of the letters was written is an sunt of Mrs. Sammis, née Julia Smith. This letter, as well as that to Mr. Long, who was Postmaster at that time, and in whose hands so many of Kel- Sey’s letters to Miss Smith accumulated because the family would not take them from the office, refers to a certain meeting which Kelsey as- sumes to have arranged with Miss Smith and the novelesque bosh which follows. It is an unfinished screed, in which Kelsey, fancifully, perhaps, de- Scribes the circumstances under which the appoiat- ment for that rendezvous was made, IN WHICH “A FRIENDLY SETTLEMENT” [8 ASKED. Howrinaton, June 26, 1869. Mrs. Stvart:— Are you aware under what circumstances Julia was absent irom her house on the 10th of May, or near that tume, at a late hour of the night? Ifso, are you williny any longer to entrust me, without sufticient motives of silence as yet, with so important a secret whose momentary’ divuigence might cast a shadow over Julia's Mtet 1 frained from saying | any. thing about the a to the world, but it is something more than you could expect that I should always keep such # secret unless I wore bound by stronger ties toher than Iam at foetal T offer you silence, but ata price beyend all the wealth that you have, 1 will give you an opportunity of making a private and friendly setilement of thts question which Julla has taken out of t to the foot of Cold Spring alone, at nine o'clock at night, when she knew that mos likely some one would be there, is not an evidence of love on her part, then nothing is. ‘You havo all been flerce against me/and would have put me down at all hazards had [not opposed you with the few rights that I could claim in the contest. Now that Julia hus given me the advantage I wish to make no show of triumph, but Yrould the more willingly upologize and bow to zou. I ave told you what Julia has done to justify myseft. CHARLES, RATHER MIXED. ce Honrinaron, Nev. 10, Mr. Lona: Dear in—I wish to make an explanation of the rather unusual affair that occurred at your office lately, in or- der to exonerate myself from the imputation of being entirely to blame for it. The lady to whom the lewer which you gave me was addressed sont to me a note purporting, in somewhat concealed language, to extend an invitation to a moonlight interview at the garden gate, or somewhere else. t were her Intentions 1 was unable to learn, as I could not make it convenient to be present on such interesting occasion. From the flagrant offence and unpardonable slighting of such a call, as I suppose, the young lady, as all others would have done under the ‘circumstances, became pit ny, Ue date en perhaps, by the sportive allusions which I frequently made afterwards to the very remantic episode—making the whole eventually culminate in @ crash at your office. Your:, respectfully, ens, d. KELSEY, ave. rel THE a am so glad to see ince I met you. I know you are . although Ihave had some mis- fivings and they have been painful tome. Julla,” said with deep ear! “can I get hope? Julia did not answer, but asked Orlos to give her the k he held in his hand. She opened it and wro ing upon the fly leaves, an it back to him, “Orlos,” said Julta, “if [seemed to have shunned you for some time past it was not because iny regard for you was Joss, but for fear something might be divulged that would be prejudicia! to us both. You know how very much opposed grandmother is to your attentions, Bhe can scarcely bear the thoughts of it, Grandmother is so fragt dete! to me, itis painiul to do anything against will” “You need not do anything against her will,” said Orios; “4f you do not compromise matters with her she will not be any the wiser for all that may transpire, especially if ‘ou seem to tall {a with her views or give your consent minor particulars, and thus lull her suspicions.” “1 don't ike to play the hypocrite and decetvé grand- mother, either,” said Julla; “but I don’t see anv other ‘way of getting over It at present.” “There are a great many things,” sald Orlos, “allowed in love and war, which would be’ reprehensible in time of peace. ‘Talla ‘smiled; sho saw the force of the sualogy. A’ pause ensued. Julia stood gazing Into the waters which went murmuring beneath their tet. Every tea: ture was motionless. She seemed like ‘some Valley nymph of elden story subdued by an irresistible power— ‘@ power which she did not in heart wish to resist. ter a few moments Julla suadenty turned to Orlos to bid him goodby. Orlos extended his hand, and as he Reld her hand he felt reassured; and. in those deep loves ii ‘saw the destiny that ind reveal the serenity iding affection. ott was now neatly school time. The first bell had rung long ago. Julia bade Orlos a smiling adieu, and, tripping off the bridge, was soon lost to sight. Orlos here plunges into a vein of fearfully bosny rhapsody concerning the ecstacy of feeling into which he found himself transported by this chat with a mythical school girl, and then resumes as follows :— While indulging in these vagrant fancies he be- thought himself of the probable message that Julia had leit him in the album leaves of his Plato. He quickly | turned to it, and what was his surprise in finding a pretty litde ‘note, in most beautiful chirograpby, reading rt “My KAR ORLOSs— “Meet me at the bridge to-night, at eight o'clock. Your affectionate J “Be sure to come." Orlos could scarcely believe his senses for very joy. It came as an oracle, opening to him the future in long bright vistas, where all the joys that earth could give awaited him. He stood midway between the bright dreams of other days—dreams which he scarcely had dared hope to see fulilled—and their final and perfeet Is Kelsey Still Living?—Ssome Strong Reasons for Believing He Is=A Letter Worth Perusing. To THE EDITOR OF THE HERALD:— There is 80 much interest evinced by the public in this case, that I trust a few words on the subject from one who bas had considerable experience in weighing and testing evidence will not be taken amiss. I must premise thatIam a stranger to all the parties—a stranger to the locality of Huntington, L. I. I have no possible interest to serve; I have no prejudices, except perhaps against the perpe- trators, whoever they may be, who tarred and feathered a wretched being who, if we are to judge hiin by his writing, ought to have been locked up a8 a monomaniac, or openly horsewhipped by some of Miss Smith’s friends, rather than tarred and feathered, Up to the present moment, let us see what has been proved on the subject. First we have the fact that on the evening of the 4th of November last Charles Kelsey was tarred and feathered at Huntington, Long Isiand, and that be afterwards went to his home. Secondly, that some ten months afterwards a patr of legs and the lower part of the abdomen of @ human body were found in Oyster Bay, not far from Huntington, with tar and feathers on them, Stripped of sentiment and stripped of prejudice, this is all that has been proved that would be worth anything as evidence on which to place any human being in jeopardy of his life. ‘True it is that a pair of pantaloens and a pair of drawers belonging to Charles Kelsey were found on the legs; but these might have been placed there by any one who had purchased such a pair of legs at any place where such articies are for sale, and prove nothing. No one has identified the legs as being the legs of Kelsey by any mark or other- wise, and the parts‘of the body that could have been identified are missing. With these facts before us letus examine the evidence and judge on it as we would wish to be Judged, and first I would call attention to what appears to be the most fearful part ofthe charge— viz., the crime of “mayhem” said to have been perpetrated on Kelsey before his death, and here I think the facts proved go to show that Kelsey reached home having suffered nothing beyond being tarred and feathered and the loss of his poetic locks—he walked home—how could he have done so had the knife been then used in the way sug- gested! Again, during the process he uttered no groan and nsed no words except, it appears, 20 threaten two of his tormentors, and this proves that he was not gagged; and above all he was exhibited to the ladies ag a man who been ‘arred and feathered! Who could believe that he had then been outraged in the way suggested’ It is known tbat he reached home— Well, if, as the doctors suggest, the femorai artery was empticd in the operation, why his clowes would bave been saturated with viood--at all events he could not have reached home. Tt bas been 6 ted that kis tormentors, or some ol them, fearing the consequences, lolliowed him home, spirited him away and murdered nim. Let us examine this part of this case. Why, in the name of commoa sense, did they allow him to icave their clutches, #0 cet home to rouse his brothors,or to lock np the honse and remove the evidences of the shameful indignity that bad been put on him: But it 1s suggested he went out and was seized and taken away. What, without one cry for help, one shriek for aid from his brothers, one passionate ap- peal to his tormentors for mercy, in terms that would have made the country ring again? He is taken away and makes no sign; and, wonderful! to Telate, although nis brotner is missing, Mr. W. Kelsey hears nothing of the outrage until the middle of the wee ae Now Mr, Charles Kelsey was not an amiable man; he did not like people who interfered with him, Witness the ferocious Grernenr ing ingotence of his letter to the gentleman who so mildly remonstrated With bim, published in your paper a few days ago, Fancy the rage and despair of the miserable wretch—he who had for years set the laws o! de- cency at defiance, set his neighbors at defiance, and of bis own will forced his unwelcome atten- tions on a young girli—he, the poet, the writer of letters, to a8 a spectacle by men for whom he entertained tie Most profound contempt! Is it a vivlent assumption that, as he walked home coating tormenting him, with his Deanne that he resolved to take deadly vengeance on his enemies? Could he not disappear and hide his mortification, and at the same time throw sus- icion of murder on his enemies? Would not his rother aid him in such a pass? I make no charge Q@gainst the brother, At all events C, Kelsey had money to go where he pleased. Suppose he wanted to create the belief that. he was murdered, what would he do? Why place a bloody shirt and a pair of boots where they could readily be found? But would murderers have been so careful to leave evidence of their crime? If they did this thing they must have taken off the man’s coat and vest, removed the shurt, Put on the coat and vest and then left the shirt and boots as evidence against themselves? Bat what if Kelsey went home, spent the greater part of the night in cleaning himsel’, put On other clothes, and, aiter depositing the shirt and boots where they would attract aitention, walked off to hide himself until he could glut his appetite tor revenge # Whether his brother heiped him or not is periectly immate- rial in my view of the matter, Prophecies appear to have been uttered by Wil- liam Kelsey that something would be heard o!; theu by a mysterious woman that the body would be found beiore the trial for the assault, &c. A body 1s found, and then comes a statement as to the position in which a large quantity of the feathers was fotind, These feathers could not have been in that Lead when Charles Kelsey reached home after the tarrmmg and feathering: they must have been placed there after death—if murder has been committed—by men who would be anxious to remove marks of the tarring and featheriug, or by some one for the purpose of ex- citing the indignation of the public. As to the mutilation of the body, if done by mur- derers, they must have done it to remove from themselves every hope of mercy if discovered, because I think it is abundantly clear that they could not have committed this outrage until after they had determined to commit murder; butif this be a bogus pair of legs placed by Charies Kelsey, or by persons acting with him, to excite indignation, then we can understand tt—it is just what such @ man would do; and bear in mind that the doctors’ first opinion was that the operation had been performed after death and they gave as @ reason a physical lact—viz., the position of the spermatorial gland, which indi- cated that the operation was post-mortem. It is in evidence that the legs would rise in water after immersion for two months. What held them down during eight months? There does not appear ony evidence that they had been fastened down, an oot, they do not appear to have been near the 't of the body which could have been identified. here is it? Again, is it not odd that the watch shoul! be found in Kelsey’s house, while the almost valueless chain ts carefuily detached therefrom and found in the pocket of the pantaloons, as if placed there to aid identification. On the whole, I think it would be well not to as- sume, first that these were Kelsey’s legs and then build upon a foundation that may be go false a charge of murder. What if Charles Kelsey ts living and reads the HERALD every day? What if he should hear that his enemies were to be arraigned for murder? What if he were to read an account of their execution? Respectfully, A LAWYER, CHEAP TRANSPORTATION. Meeting of the Senatorial Commit- tee on Transportation. Evidence of Railroad Experts as to Cost of Trans- portation of Freight—How Freight Charges Axe Decided Upan—The Effect of the Competition of Water Routes— The New York Trans- portation Question, The Senatorial Committee on Transportation held their first session yesterday at the Fifth ave- nue Hotel. The members of the committee pres- ent were Senators Winslow (chairman), Conkling, Sherman, Davis and Norwood. There were also present the following representatives of railroad companies :—D. L. Harris, of the Connecticut River Railway; Mr. Chapin, of the Boston and Albany road; Mr. Worcester, of the New York Central; Mr. Johnson, of the New Jersey Central, and Mr. Hayes, General Manager of the Blue Line Freight. The CHAIRMAN stated the object of the appoint- ment of the committee, which was to procure, if possible, ¢heap transportation to the seaboard. There were evidently two sides to the question, one side holding that the railroads charge too high arate for freightage. The committee would like some of the gentlemen to make statements with regard to the matter, and would afterwards sab- mit such inquiries as might be suggested, STATEMENT OF MB. HAYES, Mr. Hayes, the General Manager of the Blue Line Transportation Sone , made a statement with regard to through fast freteht lines, He said that the rates of tion varied more than on any road. be taken Into vessels at the lakes five cents per bushel.and from ew York, by canal and water, for ten cents per and brouj there to bushel there is fifteen cents for fitteen miles of water navigation, which covers insurance as well as tow! 5 In Isit there were 38Gi0,00) aby bushels of grain taken by out 14 tons It is, therefore, necessary the producer and con. sumer should Be brought together during the winter months, and for this purpose through limes were estab- lished. ‘This business, in order to compete with water navigation, had to be done without the cost ef handling at either end ofthe roads. The cost of handling, to and trom r ‘than the eost ese cars belong to the roade under a manager for int interests of all) When a line bill is made at St. copy of that bill comes here and is corrected, and there is no man outside of the railroad companies who re- ceives any of the profits Thearrangemen; simply facil tates handling. uring the month of iast ‘November the Blue line ran cars on 14 different roads. One car, for example, would go all the way through, and the m: e for that car would be revorted as clear through te Pacific coast, These lines have new become such & ne: cessity that they cannot be abandoned. The nature of transportation, so far as New York ts ecncerned, has changed. While the same amennt of property ts move itts moved in a different way, by through lines, inste nies. ie effect of has been such that the r certain times very la through facilities not destt quota of cars, to form a through line, under one - ment. Thi age & this system troad capacity has been taxed at It has been found ing iurnished. The great trouble really is at the When a train arrives at New York with a lar; ein tity of grain the consumer must find barges to take it away, and this causos great delay. ‘The difficulty is not in moving the cars over the lines, but in discharging it The system of inspection, if intro: duced here, would obviate all this. The total charge of delivery here is more than one-quarter of the charge on the same amount of property from Chicago to New York. Parties nolding grain at the West hoid it tor a favorable change of the market. When the price goes up, one or twocemts every one wants to ship on the same day, rt le this is) Impomibie, The tonnage of bt Canal is 11,000,000 tons per week. capa- city of railroads to move property seaboard ts 30,01) tons ver day, and the ity of 75,00 tons. This is a total water for the same. time capacity of 104000 tons dally. or 7a tone to eweh man ‘women and child in the United States. The mileage of sin the United States now exceeds the mile- ey and the combined tonnage of Oty Fall: | roads ts 225,000,400 yearly. Railroads carrying grain, after deducting running exbenses, have paid bued $6-100 n sufticient to pay in- recent of heir cost. ‘ihe total ined is 2 8-100 per cent less th The vital point, according to Mr, Hayes, is the necessity of providing storage capacity a the Hast, so that property can be moved here and dex livered "with facility; then the supply and de- mand would equalize the movement ot. property. Mr. Hayes gave it his opinion that the Nugare ship canal will not benefit our traffic, as it will open commerce fo Montreal, whic point that should be of. The disadvantages of the St. Lawrence ver be of much value, on, Whether by canal or river, must be closed the greater part of the year. During we win- ter the railroads are taxed to meet the extra demand, and then more roads are cailed for. The complaint 18 made that when navigation closes the railroads charge higher rates. ‘This is caused by the law of supply and demand and by the extra cost of working the hes dur: he winter. ‘The extra expense of working the roads during the, winter is owing to more night work being terest on their bonds necessary, by the road beds pane ‘ujured by irost and by the delays caused by sn d Ice. ‘The imcrease of ex: Benge during the winter is about ove quarter of one per cent. Mr. Hayes then @ detailed account ot the operations of the Blue 1 by the committee. STATEMBNI OF COL | pColonel Joseph D. nd Was examined at ienguh JOSEPH D, POTTS. Potts, President of the Empire Transportation C NY, said that his line was n (ast freight line, connected principally with the Pennsyl- vanian lines, The Lake Shore roa on ite road all known kinds of fast treight lines. The same ge average fixes the freight on all lines. There is age vention, if you choo to call it so, that Axes the freigat rates and which governs all shipments out of hicago. That which governs the rate is generally the ‘al mnddeo —demat fo! i] | competion of water routes. At the present time the | rates of don't affect us at aul. week, the rates by water outes were higher th ere by rail from Chicago | to New York. ‘The rates trom Chicago t Butralo depend | upon a fluctuating demand th ie raves will some- times vary not only but even during the day. Last week es a gudden de- mand ‘er tran D, .,1 suovose, by some sportation. That rt $ | advance from six conte to Aegan cents por Darrel: that tarred and leathered! to be exhisited | made a higher rate than the current railroad rate from Chicago oresent time. By Senator Conkling—The rates would } 4 up in accordance with the law ef supply and demand, it 1s entirely regulated by supply and demand. By Senator Sherman—We get all we can; that is, profit, Weare not regulated by our standard of averaging be: ond this: if we made our profite a great amount we shouid invite undue competition, By Senator Davis—in case of a Jarge crop a new average rate of freight would be made to meet the demand, In no year was there a regalar demand for tri rtation beyond that which the various Imes would be able to Oe When the rolme stock lies idle a part of the time there mast be an aver struck to meet that loss, The averane price for the whole year would not be an ir price, If there was a steady demand thronghout the year then we could have lower rates, We are poverese, as I have said, by supply and demand, but we have to take into consideration the fact that the producer has to get a fair profit, and that there is a certain rate which he peered A and whieh Bas reference also to the profit oi cus- mer, By Senator Conkling—We take advantage of all that the law of supply and aemand can give us. Take, lor example, an illustration that I can @ive:—On the Pennsylvania road, at Jonnstown, there is the largest rail manufactory in the United States. Now, nothing can be go there, and noth- ing can get from there, except by the "Pennsylva- nia road. It bas been the practice of the company to encourage the growth of that factory, There are, perhaps, four or five hundred tins of that kind on that road. There is a very large amount of business on that road that is quite be- yond competition. By Senator Sherman—It is not a fact that rall- roads charge more on short distances than on longer ones, It 18 done on new railroads, | be- lieve; but think it 1s a very tnjurtous policy, and does very great harm to the road. That certainly was the great cause of complaint among the iarm- ers, and a very justifiable one, By Senator Norwood—it is very likely true that in Some parts of Illinois that a bushel of grain would cost its value in freight to send to New York. Indeed Ihave no doube that is so in some cases. I should think a freight road only would be entirely impracticable, because the people living sone: the road would require passenger accommo- dation. A TWOFOLD EXAMINATION. Mr. #. A. Cassett, General Manager of the Penn- sylvania Railroad for transportation, and Mr. Samuel G, Lewis, Comptroller of the Pennsylvania Railroad, were, at the su; tion of the Chairman, examined together. Both witnesses, he stated, were famillar with the special kinds of information required, and what one did not know could be given by the other. Mr. Cassett said that what was meant by tae Pennsylvania Railroad was the railread irom New York to Pittsburg. The ratiroad leases also the Delaware and Raritan Canal and the ferryboats of the Camden and Ambo; roads, The road has also a connection wit! the Anchor freight le. ‘The compensation was divided, so that the canals got the best rates they coutd from the lakes and the railroads get the regular {freight rates. The canal was purchased when the railroad was opened in 1857, The Penn- sylvania Railroad has spent a large amount of Money upon the canals, There 18 a length of about 150 miles of canal, We do not charge more toa nearer point than we do to @ distant point. Tembrace in that answer the Pennsylvania road and the Pennsylvania Company. We could afford to carry cheaper longer distances than shorter ones, because we have more to carry. Our rates to-day from New York to Pittsburg are thirty- five cents, That 18 for first class freight. Coal tariff did not cnange very much, ‘The consoil- dation of roads tended to reduce prices. Freizht trains could be run about five minutes apart. On @ single track I don’t think we could run freight trains in shorter intervals than fliteen minutes. ‘The terminal facilities would be sufticient for dis- charging if the trains were switched off. I think we could run about eight miles an hour; that is about as slow a8 we ought to run, and would be cheaper than running at five miles an hour. The maximum speed ten milesan hour. Our schedule running time between Chicago and New York is ninety hours. The average cost of trans- portation was eight mills per ton perimtle. The lifetime of a locomotive is about ten years. The cost of the maintenance of the way 1s about thirty per cent. Our consumption of coal for passenger trains is about forty pounds in a mile. The coal costs us about $2 a ton, but that does not include cost of transportation. Our com- pany is constracting a new freight live ‘rom Pitts- arg to Harrisburg. As to sleeping cars, the Sleeping Car Company furnish them. We obtain our reguiar fares and the company get thetr re- muneration by the char upon the passengers, We save the interest on the cost of cars thereby. The inquiry was then adjourned anti! haltpast ten A.M. to-day, when the State Committee on Transportation will meet the Congressional Com phar and also a delegation from the Produce Ex- change. A STATE “STRIKE” PARTY. Conference Meeting of Liberal Republi- cans—A New Party, Neither Republi- can Nor Democraticm“Liberalism” the Watchword—A Convention To Be Held at Elmira—The Call. ‘The Executive Committee of the liberal repupu- can party recently sent out invitations to all the prominent members of the party in this State, with a view to having a conference mecting relative to the present status of liberals of all parties in this State, and to taking such action as might be deemed advisable relative to some political move- ments of recent occurrence. Of course, the action of the democratic party in ruling out from their fold these liberal republicans had much to do in in- ducing the LIBERALS TO ASSUME A BOLD STAND for their own existence as a party, and the real ob- ject of the conference was to devise means where- by the liberal repubUcans might be strengthened a8 an Opposition to the pure-water republicaus or the present administration party by picking u from both republicans and democrats ail those ad. vanced malcontents who might desire to go into opposition to the administration and to the Tam- many democracy. . In response to the call a number of gentlemen from the rural districts and the city, about thirty in all, assembled yesterday at noon in the St. Nicholas Hotel to advise with tlie execative committee as to what course should be pursued in the light of the recent excluding edict by the New York democracy. The eXact state of affairs in this city was, of course, known to all present, but as to how the rural dis- tricts were affected w subject of inquiry. Sev- eral of the country gentlemen declared thelr THE LOOKOUT views, and explaine was very eneouraging, leaders of both divisions of ies secauares Geieive us to show healthy inqnietude. After a few hours’ discussion the whole matter was summed op in the recommendation to the Exccutive Committee that a Convention of liberals—not of liberal republicans or liberal democrats only, but of all liberais—shouid be held, and that steps should at once be taken to that end. Aiter this determmation had been come to, the meeting adjourned and the executive committee ‘went into secret session, the result of the commit- tee’s deliberations being the resoive to hold a con- vention of delegates—t! from each Assemb) district—at Elmira, on the 8th of October, as will ot from the following call which is to be “THR CALL FOR A STATE CONVENTION. Whereas the questions and issues that have horetotere thé peaple of this country into political partios ceased to exist, and the ncipal questions de- manding consideration are those relating to the indus trial or Tabor interests of the country, in whieh th ple of the countr: of the past; at the reform in public affairs conceded to be neces- sary, and now generally demanded, can be effected b: the tepablican party, which is idéntified with public abuses, or that It will be by the democratic party, whose St ralttes has retused to unite with us In repress ing them. and whereas many iriends of public reform i these political parties, to- gether with many who have never belonged to cither to purity and preserve the government is the daty of an American citizen above all other dutie"; and whereas the whole country, suffering in its constitu: ent industries under the pressare of monopolies created and upheld by the partial and unjust legislation com- mon to both the republican and democratic parties, ig toreibly summoned to protect itself by overturowil them; and whereas the liberals stand on the platform of political reforms in fullest sympathy and accord wi fellow citizens, who are actuated by these and kindred opinions; and whereas in their judg- ent, the time has come when those electors who believe at fhe way to reforin is !n the union of all its friends should assemble aud announce their principles and their arposes; Pufhtcreiore, all electors of the State of New York who ‘e and ofticlal corruption, and who le and honest men for office, and Who recognize no virtue In any political purty bey otid its power to govern honestly and well, and all who are op- he corrupt practices ‘of the present ad- invited to unite in select and their alternate from Assembly district in tate, meet in State Convention in the city of Elmira on Wednesday, the Sth day of October next, at twelve o'clock noon, for the purpose of declaring their prin- ciples and of transacting suen bamtuose and taking such tion as shall then oug! i 36 OCHRANE, HNC RBD WILKINSON, LARK BELL, iN SAMUEL 0, TABER, JOHN OOCHRANS, Ohaleman of the Liberal Republican Executive Com- mittee, Aurney Wruainsox, Secretary. SHOOTING AT CREEDMOOR. The Seventh regiment assembled at the armory early yesterday morning, intending to go to the rife range st Creedmoor to spend the day, but the threatening weather caused Colonel Clark to change ius mind, The practice match will not occur unl some time next week, A Jarge namber went out to practice, however, the weather proving fa. vorable. Corporal Rowland, Private leday, Cor. oral Price, ge Van Norden, Sergeant Turner, Private Kemp, Lieutenant Bacon and Corporal Ap- pletou made respectively, at thirteen shots, 200 ards, 34, 34, 30, 2 oe 28, Lientenant Bacon, poral Rowland and Captain Yan Norden, at five suots, 600 yards, 10, 7, 5. Private Meany, Corporal ba and Frivate Hersey, at four shots, 300 yards, “was bound to prove—frst, employment or ratifica- NEW YORK HERALD, FRIDAY, SEPTEMBER 12, 1873—TRIPLE SHEET. | sonably be effected now without detriment to the THE COURTS. An Injunction Applied for Against the Harbor Masters—The Court Requires Farther Affidavits in the Case. The Penalty of Borrowing Mon- ey--The Defendant Re- manded for Trial. A Beal Estate Broker Sues for Compensa- tion---The Court Gives Judgment in His Favor. BUSINESS IN THE GENERAL SESSIONS, The case of Johnston & Yates, charged with being implicated in the recent forgeries of New York Central and other railroad bonds, and which has been brought up regularly for several days past in the Court of Oyer and Terminer, was up yesterday again in this Court, and as heretofore went over again another day, owing to the Grand Jury not having yet brought in any additional tn- dictments against the accused. It is conceded, meantime, that Mr. Banks, the broker, the princi- pal witnoss for the prosecution, and who was to be called for the defence, cannot testify a8 to any guilt of Mr. Johnston in regard to the bonds given him by the latter to negottate. The Harbor Masters, as will bo seen by the re- Port below, are after the New York Floating Dry Dock Company, and are seeking to prevent their farther occupation of pier No. 49 North River, which it has occupied for the past thirty years. An injunction has been asked for against the Harbor Masters, and after the matter had been discussed at some length yesterday before Judge Fancher, at Supreme Court Chambers, the case was adjourned to allow the putting in of further afl- davits. SUPREME COURT—CHAMBERS. The Harbor Masters Asserting Their Control Over the Wharves and Slips— An Injunction in the Case and Promise of Long Litigation. Betors Judge Fancher. Application was-made yesterday in this Court on behalf of the New York Floating Dry Dock Com- pany for an injunction against the Harbor Masters of this city, restraining the latter from any inter- ference with their occupancy of the slip at pier 49 North River. Mr. Erastus C. Benedict, on behalf of the appli- cants, contended that for the past thirty years they had occupied this slip, through proper grant, which had never been rescinded. He insisted further that their business was a necessity to commerce, and that this was the only place where it could be carried on with proper protection from wind and sumMicient depth of water, and convenient to the shipping interests of the ey He added also that they expended large sums in connection with the doo! including $5,000 recénti pended for dredging, trong point urged was that their structuré was not a vessel within the meaning of the statute, and therefore that the Harbor Master bad no jurisdiction over it. Mr. Butler, for the Harbor Masters, contended that, for the purposes of commerce, they had ex- clusiye control of the wharves and slips of the city, As to the present case, it was understood that the Dry Dock Company proposed to substitute & larger dook for the present one, and thus increase the present obstruction to the entrance of vessels, Regarding the grant referred to, it was insisted that this Was a mere permit to construct a pier. After some further argument the case was pena to allow additic affidavits to be submit- e One of the Penalties of Borrowing Money. John Schoener was brought into Court yesterday upon a writ of habeas corpus, which had been allowed the day previous upon the application of his counsel. Schoener was committed by Judge Hogan on the sth of August last, upon an alleged charge of false pretence, upon the complaint of Joseph J. Hecht, of No. 1,032 Second avenue. The complainant alleges that he loaned the prisoner $150 upon representation that he was the owner of two houses in Eighty-sixth street, near Third avenue, and that he subsequently examined the Register’s office, and found such apparently to be the fact. Before the loan came due, however, two deeds were recorded in the Register’s office, dated January 16, 1873, upon the 2d day of April, whereby it appears that John Schoener had conveyed the two houses to one H. S. Cole, and whereas in tact he was not the owner at the time he so represented. Mr. Kintzing said that this did not come within the edie of the statute of false pretences, in that it distinctly appeared that Mr. Hecht did not rely upon the statement of the prisoner, but on the result of his own examination im the Register’s office, Besides, he contended this was only an attempt to collect 4 debt through the machinery of the Criminal Court, and the Court ought not to encourage any such proceedings. Assistant Dis- trict Attorney Lyons thought it @ clear case of lalse pretence, and that the counsel could raise any point he wanted on trial. Jadge Fancher con- curred with Mr. Allen and said he must dismiss the writ, and remanded the prisoner for trial. MARINE COURT—PART |. A Real Estate Broker in Court, Before Judge Curtis, Margaret Drew vs. John Keyes.—This action was brought by plamtiff against defendant to recover broker’s commissions for the sale of two separate houses, belonging to defendant. The plaintiff testi- fled that defendant agreed to pay her one per cent on the amount of the first sale, and also promised to pay her what her services were really worth in the sale of the second. Defendant denied the em- ployment of plaintiff, and contended that the ser- vices which resulted tn the sales were performed by another person. Mrs. Drew testified that she had been a broker tor two years, and had bought and sold real estate. Judge Curtis charged the j that the plaintitr tion of her acts; second, that she was the procur- ing cause of the sale, that by and through her in- strumentality the transaction was cousummated, and that her duty ended when the minds of the Parties were brought together in the channel of mutuality. The Court also instructea the jury that @ possessor of property had the right at any time to take it out of the hands of a broker untess there for iD agreement that the broker should hold it certain time or until a sale was effected, in which last case the negotiations should be consum- mated within @ reasonuble time. ‘The jury found for plaintiff in the sum of $175, MARINE COURT—CHAMBERS, Decisions, By Judge Joachimsen. Pinkousky vs. Burnette.—It is the opinion of the Court that on the merits the attachment should be retained, but the defendant may have an order on the Marshal why under the process he holds her paraphernalia and property exempt {rom execu- thon. No costs, Bernstein vs. McDonnell.—This motion ought not to be decided on adidavits, The amount involved is considerable and the facts are controverted. The defendant may take an order to refer this motion to Lewis Saunders, Esq., as referce as to the proofs and report, with bis opinion thereen, on or betore the 26th of September, and the Court will act upon the coming in of the report of the referee. COURT OF GENERAL SESSIONS. A Righwayman Sent to the State Prison for Ten Years. Before Judge Sutheriand. At the opening of the Court yesterday John Mur- Dhy was arraigned by Assistant District Attorney Rollins, charged with the serious crime of robbery. The prosecuting witness, Joon Buregi, in his com- plaint before the-magistrate, sald that on the 29th of August the prisoner struok him on the head with his fist and Knocked him down, and that while prostrate Murphy put his knee on his breast apd took @ watch worth $20and $2 in money. An | oMicer heard the cries of the complainant and ran to hig assistance, and caught the prisoner in the act of robbing Buregi, The City Judge sentenced Murphy, who was an old man, to the State Prison for ten years. Daring Robbery of a Lady itn Third Avenne. Frank Golden, a vicious-looking young fellow, was charged with robbery in the first aegree. On the afternoon of the 19th of August, while Mra. Cocke was waiking in Third sveitue, the prisoner | struck her a blow on the breast and snatched @ mocketbook containing few dollars. Ue vleaded | poued RY and the first ity to an attempt to commit the offence, and - Bent to the State Prison for seven years. Grand and Petty Larcentes. George Brown, charged with stealing a pocket- book containing $5 on the 2d mst., the property of Anna Armstrong, pleaded guilty to an attempt at petty larceny from the person, The sentence was two years and six months in the State Prison, Michael O’Neil pleaded guilty to an attempt at grand larceny, the allegation being that on the 25th of August he stole a silver watch from Chris- tian Held at Jones’ Wood. He was sent to the State Prison for two years, Pauline Reeger, bir on the 25th of Anuj stole a quantity of clothing, valued at $3 uk the residence of Frederick Osman, Flatbush, and conveyed it to this city, pleaded guilty. She was sent to the Penitentiary for one year. John Welsh Bissara guilty to petty larceny, the charge pang that on the 9th of August he stole @ ees o cloth, valued at $32, the property of Patrick joNally. Soin’ Benson, who, on the 30th of august, stole $33 worth of plated ware, owned by Darwin A. Greene, pleaded guilty to petty larceny. These prisoners were each sent to the Penitentiary for six months, An Alleged Gambler Acquitted. Most of the day was spent in the trial of an ine dictment against Charles Gumpe, who was jointly indictea with George Braun and Herman Meyer, for inducing peeple to visita gambling house, Braun and Herman were convicted before the Recorder and sent to the State Prison. The proof was that John Berlin, a German sailor, and his ship mate were met by Braun, who invited them-to occom- pany him to a gambling saloon at 113 Chatham street, where, according to Detective Poly what is called the “skin game” ts practised. A) iY the evt- dence against Gumpe was that he was in the place and furnished the party with drinks, Ex-Recorder Smith stated that he could show by witnesses that Gumpe was & paper hanger, and went there to col- lect @ bill. A len and ive argument took place, in which the counsel and Mr. Rolling participated. His Honur held that the testimony Was insuilicient to convict Gumpe of the technical offence named in the indictment, and the Jury were instructed to render a verdict of “not guilty.) SGFFERSON MARKET POLICE COURT. Stealing a Horse ana Wagon. On Wednesday morning Mr. Carl H. Schultz, of 183 East Seventeenth street, left his horse and buggy standing in West Twenty-eighth street, and after a short absence returned to find it missing, Meanwhile Roundsman Neeley, of the Eighth pre- cinct, had observed two young men of suspicious appearance drivin: idly down Tenth aaenue, nd on arriving at Station house and being in- formed of the loss of Mr. Schultz conctuded the men he had observed the thieves. He started out in search of them and this morning arrested John Cullen, allas John Quinn, of 114 West Thirty-third street, as one of the guilty parties, He was ar- Taigned before Justice Cox, at the Jetferson Market Police Court, yesterday alternoon, and committed to answer. ‘he property was meanwhile found abandoned on the street and returned tots owner. COURT CALENDARS—THIS DAY, SUPREME CournT—Held by Judge Fancher.—Nos, 15, 21, 98, 113, 169, 174,175, 178, 179, 189, 197, 208, 200, wernt S00" ng Zak ay ES, joa. 28! 2 2 ), Situest toe eeenie aace Parts 2 and’3 ad- journed, COURT OF GENERAL Sgssions—Held by Judge Sutherland.—Henry Clemens, {etonious assault and battery; Michael Buckley, felonious assault and robbery; William Thompson, James Nolan and Lewis Sayer, burglary and grand larceny; William Bergstren, bargiary. petit larceny and receiver of stolen goods; Richard Butler, burglary; John Hoff- man and John H. Cody, burgiary ‘and grand laren Joseph RK. Osborn, Silvanus T. Sne Patrick Wallace and Thomas Wallace; Eliza Mullt- it grand larceny and receiver of stolen goods; u H. Miles, larceny and receiver of stolen goods; Michael Conway, petit larceny and receiver of stolen goods; Patrick Finnigan, Francis Wil- and Hugh McEvoy, grand larceny; Alfred Patmer, grand larceny; John Scully and Oharies Gilroy, grand larceny; Dora Oonnelly, larceny; James J. Moore and Jo! Nugent, grand larceny; M. W. Baker, grand larceny; Dennis P. McMahon, larceny; Fetix Farrell, grand ons Hago Ur- ban, larceny; William Clifford, grand larceny; Wil- am Bergstron, concealed weapons. BROOKLYN COURTS, SUPREME COURT—BEMERAL TERM Candidates for the Bar. Before Judges Barnard, Gilbert and Tappen.. A General Term is being held this week. Danie! T. Walden, E. L. Sanderson and Tompkins Wester. velt have been designated to examine candidates for admission to the Bar. They met yesterday aiternoon and commenced their work. There are but five candidates. SURROGATES COURT. A Clergyman’s Will, Before Surrogate Veeder. Pather Maguire, of St. John’s Roman Catholic charch, died last fall, and by his wHI bequeathed an estate worth about $80,000 to his nephew, Hugh Maguire. The will was contested, but the Surro- Be finally admitted it to probate. The Surrogat jowever, will not grant letters testamentary antl the legatee, an alien, shall give security in $160,000, double the amount of the estate. ALEXANDER’S NAME-DAY. presse sCnoourreg Religious Observance in the Russo- Greek Chapel—Oriental Christians More Akin to Latin Christians Than to Protestants. Yesterday was the anntversary of the naming of the Czar Alexander of Russia, and as such was duly observed by religious services in the Orthodox Eastern chapel in Second avenue, near Fiftieth Street. The birth-day, which among us stands out so conspicuous in our domestic calendars, is with the Russians of comparatively small moment. They give prominence to the “name-day,” and as this day may come long or soon after the birth- day, it is kept annually in every household, and especially in the imperial household. Wherever a ctvll or military officer of the Russian government may be on the occurrence of this day, if it is at all possible for him to do so, he is expected to offer up prayers for the health, ¥ goog! prosperity and hap- piness of the Czar and his family. Hence there were present yesterday at the service in the Greek chapel the first Secretary of the Russian Legation at Washington, M. de Mad and the Consul Gone eral of Russia, M. D. Bodisco. These gentlemen Were attired in military uniform and their breasts were amply decorated with orders and a of the imperial favor, Mme, ter wie of the Greek Consul General, represented her husband, Who is absent from the citys Father Morrell, oi St. Alban’s Ritualistic church, was present also, and ee to be very much interested in the ser- ices, at the close of which he procured a translated copy of the offices of the Orthodox Eastern Church, The “Te Deui which he took away with him. m1 was sung in Russian by 2 tad Laudamus” Bjerring, his assistant and two native Russ! THE ENGLISH RESPONSES were rendered, as usual, by the regular Sabbath choir. The most noticeable feature of the service Was the oft-repeated prayer for long life and peace “of the most holy, pions, exalted, anointed and or- thodox Emperor Alexander Alexandro witch” and 0 “our moat adorable ly, the ever Vi Mother of God.” i Aside from the ritual of the Church there would seem to have been a special necessity for such adoration and invocation of the Virgin at this time, for since the publication of the sketch of Father Bjerring’s sermon in the HEBALD of Monday last he has been overrun with questioners of all sorts to know whether or not the Greek Church does really believe the doctrines as set forth in eat polkas tion, It was there stated that the Virgin fi was the Singer forth only of the humanity of Christ, but Father LN declares the dogma of his Church on this point is identical with that of the Roman Charch and that the Virgin Mary is actually and literally the Mother of God. In regard to the “Real Presence” in the Eucharist, which the HERALD report stated was received by faith alone, Father hkl 3 says, substantially, that atter the consecration of the elements the real BODY AND BLOOD OF CHRIST are received with or without faith. So that this doctrine too is like that held by the Roman Church. And instead of disclaiming any priestly power to forgive sins, he says the priests of hig Church equally with Roman Priests claim such power; and, indeed, instead of (disagreeing with the Roman Church, the Greek Church agrees with it substan- tially in faith and practice, and the disagreement matnly affects the headship of the Church, which the Pope claims and the patriarchs deny. ‘But as Father Bjerring intends on every second Sabbath te continue these sermons, he will doubtless ex- rancor ite Gorn in future the ments and Ve oth in theory and practice, oe- tween the Greek, the Roman and the Angitcan Charches, whose union is now by many persons so earnestly sought after aud prayed for. But what blessings either of a sptritnal or carnal nature wonld come from such a unton are hardly to be as- certained, and have never been fully set forth by the advocates of such union. ANOTHER BRIDGE ACOIDENT. Yesterday morning, about nme o'clock, a baiance derrick, to one end of which a large arch stone was attached, suddenly turned and both the end of the derrick aud the stone descended with a tremen- dous orast ¢heoug! the timber work, # distance of about twenty feet, where they i Fortunately noae of the workmen were injured. The work of laying the foundation for the arches was com- stone was being ‘Rasision whan the accident occurred, | i | i t t } }