The New York Herald Newspaper, September 18, 1873, Page 13

THE COURTS. —_+____. THE DOUBLE SALARY QUESTION. A Member of the Legislature Can Hold a County Office and Draw Iwo Salaries—Important Decision by Judge Van Vorst. CHAPTER OF MANDAMUSES. The City Judge, Recorder and Commissioner of Jurors Taking Their Places in the Man- damus Charge on the Comptroller. BUSINESS IN THE OTHER COURTS. ‘Active Hostilities Commenced in the Oyer and Terminer— A Heavy Day's Work in the General Sessions. ~ The case of Carl Vogt will, it is understood, be ‘heard before Judge Blatchford to-day, at noon, on ‘habeas corpus. Counsel will move for his discharge ‘on the ground that the time within which an | ‘order for his extradition should have been made das expired. It will be remembered that the At- torney General, Mr. Williams, wrote and published ®@ long opinion to the effect that Vogt ‘Ought not to be extradited, while the decision of Judge Blatchford was to the contrary effect. The charge against Vogt was that he, being a Prussian Bubject, committed murder, rebbery and arson in Brusseis, Belgium. The Prussian government claimed jurisdiction over the offence, declaring ‘that they had aright to follow Vogt all over the world and arrest him for the crime charged wher- ver he could be found. This is the position that Attorney Genera! Williams has combated. Judge Van Vorst, of the Superior Court, granted ® peremptory mandamus yesterday, directing the Comptroller to pay Assemblyman James Ryan his Salary as Deputy Clerk of the Court of Special Bessions for the past three months, being the period since his appointment as Deputy Clerk. This payment has heretofore been refused on the ground that Mr. Ryan, being still a member of the Assembly, could not draw pay for ‘Bnother office. Judge Van Vorst decides, how- ever, that the office of Deputy Clerk of the Special Sessions is a county office, and not such a pne as makes the holding of it incompatible with a membership of the Assembly. The opinion of Judge Van Vorst, embodying his decision, will be Tound in full below. It was quite a mandamus fleld day yesterday in the Courts, as will be seen by the reports in Bnother column. The latest parties mandamusing the Comptroller in the matter of their salaries are she City Judge, Recorder and Commissioner of ‘Burors, ‘ An unusual amount of business was transacted Yesterday inthe Court of Oyer and Terminer. ‘Judge Brady occupied the bench, and it is evident that he has taken hold of the matter of clearing our criminal catendar with his usual characteristic earnestness. DOUBLE OFFICE HOLDING. Ryan, Member of the Legislature To Be Paid His Salary as Deputy Clerk of the Court of Special Sessions—Im- portant Decision by Judge Vam Vorst. There is nothing like persistency in pursuing a fegal claim. James Ryan is a member of the State Legislature. At the same time he holds the position of Deputy Clerk of the Court of Special Sessions. Comptroller Green, acting upon She general principle that no man can hold two + city offices at the same time and draw two salaries, Tefused to pay him his salary as Deputy Olerk of the Special Sessions. Mr. Ryan through his counsel, Mr. F. McNamara, took the case before Judge Daniels, at Supreme ‘Court Chambers, and asked for a peremptory man- damus compelling the Comptroller to pay him his salary as Deputy Clerk of the Special Sessions while serving as a member of the Assembly at Al- Dany. Judge Daniels refused to grant the mandamus on the principle actuating the Comptroller, and application was therefore renewed before Jadge J. F. Daly, in the Court of Common Pleas, and a re- port of the argument appeared in yesterday's HeRALp, the decision to be given im a day or two. Meantime Mr. Ryan applied for a similar mandamus in the Superior Court, before Judge Van Vorst, directing the Comptroller to pay him his salary for the past three montana, since his reappoint- ment as Deputy Clerk. Upon this latter application Judge Van Vorst gave his decision yesterday. As the case involves an important question we give below in juli his opinion embodying his decision :— OPINION OF JUDGE VAN VORST. « It is objected on the pas of the Comptroller that the relator has no legal claim for services rendered by him as deputy clerk of the Court of Special Ses- sions, for the reason that at the time of the ren- dition of the services for which compensation is sought he was a member of the Assembly. By the return to the writ of alternative mandamus it ap- ars that the relator, at the generai election in lovember, 1872, was elected a member of Assem- bDly of the State for the legialative term next en- juing, commencing on the 1st of January, 1873, and hat he entered upon and retains the oMice. The Comptrolier claims that the office of member of ‘Assembly is a civil office of honor, trust and emolu- dent under the government of the State, and that, ursuant to section 114 of chapter 335 of the Laws o! 873, the relator is disqualified and incompetent for the office of Deputy Clerk of the Court of Special Bessions, and that by holding and retaining the office of Member of Assembly he has vacated the same. In the case of The People ex rel. Ryan against Green, Comptroller, when the same relator was ‘before the Supreme suit of mandamus to ou ‘on an application fo1 ‘enforce the jeyment f his salary as Deputy Clerk of Speeinl Sessions for the months of February, roh, April and May, 1873, Mr. Justice Daniels, fore whom the spplieatioe was heard, decided at the relator’s office of Deputy Clerk was not an Office held under the goverument of the city, ana Yor that reason was not vacated by virtue of ghe provisions referrea to, contained ju the Afnende Chapter of 1873, as that section related only to the overnment of the city of New York and could not clude offices of the county, and, by ita express terms, section 114 only disqualifies persons holding certain other specific ofices from holding an office mnder, the oly Soyer a te ray Re Bbjecuvg ken by the Comptroller ynder Rilus acdkion of she act in question caanot apply to the case Of thé belatdr, and Vnag Justice Paniels held that there was such incom- patibility between the duties of a legislator whose attendance at the Capitol during the session Berut Legislature was necessary aud those of a pu Clerk of the Court in the county of New ‘ork, that the acceptance of the former office and she discharge of its duties at Albany necessarily Wacated the latter, whose duties could only be dis- charged by the personal attendance of the officer 4n New York. The papers on this application show, and it is not disputed on the part of the Comp- troller, that the relator was in the latter part of May, 1873, again duly appointed Deputy Clerk of the Court of Special Sessions by the Board of Police Justices, and that he has since his appoint- gent performed the duties of such clerkship, The eee also show that the salary appertaining to he office has been fixed and established by the ‘Board of Supervisors of the county of New York. "Phe claim preferred in this proceeding is tor ;eervices rendered by the relator since his last ee a in May and during the months of June and July, 1873 subsequent to the adjournment of the Legislature. The ap- spointment of the relator to the Deputy cierk. hip of the Court of Special Sessions during he period for which he was chosen to the Assem- jbly was not void. It is not such an appointment fas he, although a member of the Assembly, was rohibited from receiving (New York Statutes at, large, vol. L, page 93, sections 4 and 7). If tne acceptance of this office and the discharge of the (duties after the adjournment of the Legisiature is “incompatible with the duty he owes as a member ‘Of the Legtsiature, then he wonld be deemed by ac- ,cepting the 1oSmer to have vacated the later. If one holdin & superior office accept a subordinate one that incompatiole, the appointment to the second operates to vacate the former. (Noxel on Corporations, ec, 434 and case 7.) The counsel to the Comptroller objects, however, that the remedy by mandamus ‘cannot be invoked by the relator for the reason that he has a remedy at law for his salary. Li the applicant has an office under the city government ‘this objection might be urged; but it har been ad- Judged that his claim, tf any, ts against the county, ye ‘a mandamas 1s the proper remedy to enforce fhe judgment of such claim (fhe People vi 1s Eawa 19 Barbour, 498)? A peremptory man- damus should issue commanding and directing the Comptrouer to settle and pay the claim of the relator for his salary for the months oi Jupe and July, 1873, as deputy clerk of the Court of Special Sessions of the Peace, a8 specified in the writ of alternative mandamus. MORE MANDAMUSING. oy see Ps The Salaries of the City Judge and Ke- corder—Street Opening Commissioners After Their Pay—fhe Commissioner of Jurors Asking for His Salary. The Assistant Corporation Counsel, Mr. David J, Dean, can be tracked across the Court House as sailors track whales by the swordfish be- bind the latter, Mr. Dean has huge bun- dies of mandamus papers, and many law- yers keep his memory “green” because he has charge of the Comptrolier’s matters. To- day was a mandamus field day with him. In the Common Pleas he was called upon by Mr. O'Gorman to resist the full claim of Mr. Ryan tor salary as a Sessions clerk, and by Mr, O. Hall to resist that of Judges Sutherland and Hackett for a month’s salary at the old rate, and by the same counsel another ior Mr. Sparks, the Clerk for Oyer and Terminer, for salary, and another by the same counsel in the Supreme Court tor Mr. Taylor, the Commissioner of Jurors, and three by Mr. Lawrence ior Messrs. Seaver, ‘Traphagan and Hogg, as street widening commis- ty rious dearings, some preliminary rs final, invoived no particularly newer points than those already chronicled in prior dts- cussions, Part of the Kyan argument appeared yesterday. Mr, Green’s resistance to Judges Suth- erland and Hackett’s salary seems to depend upon the question whether it is any more rightiully are by the charter than was that of the Super- visors, His objection to Mr. Sparks’ salary is based upon similar interpretation, and also upon the idea that he cannot receive two salaries as clerk of two Courts, His opposition to Douglas Taylor's salary is that although the City Judge and the Commis- sioner of Jurors were to have the same sum per | yet the increase to the former was not legal," One of the Court clerks expressed a desire to start a subscription for a statue, in green bronze, to the Comptroller, to be placed In Central Park. But another claimed it should be of brass. The lawyers not employed, however, swear at the extent to which these man- dumus proceedings clog the calen ar and impede private litigants In addition to ie summary proceedings by mandamuses at least a hundred sults for jury triais are upon the calendars, and will be ready for trial in various courts during October. BUSINESS IN THE OTHER COURTS. + UNITED STATES DISTRICT COURT. Capture of a Floating Counterfeit Manu- factory and All Its Occupants, Before Commissioner Osborn, The authorities having for some time pust been made aware that large quantities Of spurious five cent and three cent pieces were being placed in circulation, investigavions were set on foot, and the result was that the canal boat Joo Travers, which lies between piers 44 and 45 North River. was closely watched for several days by Deputy Marshal Crowley and Mr, Northcott, of Surveyor Sharpe's staf. On Tuesday night the officers saw pul fires on board the boat, and troin this fact hey inferred (not incorrectly, as it subsequently turned out) that the coiners were at their work. Early yesterday morning the officers, with several assistants, made a raid on the boat, and cap- tured John Radford, who, it 1s alleged, has already served one term in the State's Prison for counterfeiting; Henry Davis, alias Spikes, who is just from Sing Sing, atter having endured there a sentence of five years for counter- leiting, and one George English. The officers seized a quantity of spurious dies, moulds and other paraphernalia belonging to the counterieit- er’s art, ie prisoners were taken to the oilice of the United States istrict Attorney, where the charge of counterfeiting was formally made against them. They were committed for exatmina- pg default of bail to the amount of $10,000 each. Itis claimed that the prisoners at the time of their arrest were dressed as ‘longshoremen, and that they were about to resist the entrance of the officers, when the latter drew their revolvers and showed that they were determined not to be baited in their purpose. The arrest was very cleverly managed by Deputy Marshal Crowley and those who were acting with him on this occasion. COURT OF OYER AND TERMINER. Beginning the Work of Cleariag the Criminal Caleadar—Fining Absent Ja- rors=_The Grand Jury at Work—Ar~ raignment of Alleged Murderers, Plea and Trials. , At length tne fall and winter campaign in the Court of Oyer and Terminer has commenced in earnest. There is a large calendar awaiting disposal; but it is evident, from the man- ner in which Judge Brady has tered on his work and tl co-operative zeal shown by the representatives of the District Attorney’s oflice, that they too naturally deter- mined to bring to speedy trial the large number of prisoners under indictment now crowding the City Prison. Yesterday was the first appearance of Judge Brady on the bench since his summer vacation, and large numbers congratu- lated him on his improved health. He entered upon the discharge of his duties with his accus- tomed fervor, and beiore the day’s work had half ended had opportunity for the display of those specially distinguishing qualities both of the in- tellect and heart that have given him such eminent distinction as a wise and impartial yet most con- siderate jurist. First in order was called a panel of petit jurors, Twenty-one delinquents failed to answer to their Dames, and the result was a prompt impositon by Judge Brady of a fine of $250 upon each. ‘Che Grand Jury next came, and, alter presenting a large batch of indictments, retired. In the common run some dozen or more were all indicted for murder iu the first degree, and all being represented by Mr. Wil- liam F, Howe as counsel. The Killing of John Duffy. Edward Courtiand, @ fine-looking young man, was first placed at the bar. He was indicted for murder in the first degree on account of the kill- ing, in June last, of John Duffy. Mr. Howe, his counsel, interposed for him a plea of manslaughter in the third degree. Mr. Russell, Assistant District Attorney, stated that on Sunday night, June 16, the prisoner was on his way to Brooklyn, for the purpose of visiting an aunt; passing along Houston street, and when at the corner of Goerck, he be into a liquor saloon to get something to drink; here he found @ number of men noisily quarrelling, among them John Duffy; he remonstrated with he participants, remarking it was a shame 0 thus disturb the gore nity Ol the Sabbath by angry broiling. He was abused for his interference and struck twice in the face by Duffy. have a plunge Happening to ponent ren in nis hand, in self-defence he the blade into the chest of his assailant, icting @ wound which subsequently proved fatal. The facts of thefcase, Mr, Russell conceded, thade the grade of crime manslaughtor in the third ee only. . Howe next arose and made a pathetic appeal for clemency. He narrated some additional tacts in Sx tepaa ton of the offence, and wound up by fis Sthfieutly respectable witnesses, who each and all testified as to the previous excellent phar eter and standing of the accused, eos him to be an inoffensive, honest, industrious an highly respectably connected young man, judge Braay said he would as lenient as pos- sible, and sentenced Courtland to the shortest term in State Prison provided for by statute, which was two years. A Wife Murderer. Caspar Schenle was next called up for trial. He was a German, about fifty years of age, and had been indicted for murder in the first degree, through killing his wife on the 26th of last July, by stabbing herin the breast. Mr. Howe said that the plea of “not guilty’ he desired to with- draw and enter a plea of manslaughter in the third degree. is plea was accepted, and Mr. Howe then proceeded to recite the incidents of the case Ce that there was no premeditated killing intended, and representing the prisoner as an honest, ‘nard working man, Judge Brady, in passing sentence told, the pris- oner ‘that he would take into account his plea and the representations and entreaties of his counsel ehalf; but the crime was a terrible one, and he must mete out to him a severe punishment. He sentenced him to State Prison for thirteen years, A Mother Killing Her Chiid. The above pleas having been disposed of and sentences passed, there was placed on trial Mar- cella McKenna, @ girl, evidently not much over twenty years of age, who had been indicted for murder in the first degree for the killing of her child, Before the last juror was sworn Mr. Howe, counsel for the prisoner, said that he wished to Make an objection to the juror, and the first one made in any court under the new jury law, which makes the Judge the trier of all challenges both on principal cause and on challenges to the favor. He contended that the statute was unconstitutional « The constitution of the State (Article 1., section 2) declares “the trial by jury inallcases in which it baa been heretofore used shall remain en- | inviolate forever.” He pointment of triers to tr: the challenge to favor was @ necessary part of the common law trial by jury, and cited, in support of this proposi- tion, “Forsyth’s History of Trial by Jury,” “Jay on Chailenges” aud “furner’s History of angio Sax- ons.” He therefore challenged ttis juror to the favor, on the ground that tue juror had a bias as to the question Oo! the guilt or innocence of the ac- cused, and he demanded that triers be appointed by the Court to pass upon the chailenge. Judge Brady denied the motion, and. this inter- locutory matter settied, Mr, Russell proceeded to tell the facts he proposed to prove against the prisones. He stated that on the 16th of last July he prisoner took her babe, then fourteen days old, to the house of a Mrs. Noonan, at No. 236 Elizabeth street, and then, pretending to take the child to her aunt, threw it down the vault. He said that the law made this muraer in the first de- gree, Mr. Howe called the attention of the Court to the indictment, and claimed that, under tne statute passed by the last Legisiature, the prisoner could not be convicted of murder in the first degree, as the indictment failed to use the word “deliberate.” Mr. Russell insisted that it was a common law indictment, but taat he would be willing, under the circumstances, to change it to murder in the second degree. Mr. Howe said that, upon the papers, he should object to the rencition of any such verdict. After some further remarks, two witness wore called, who detailed the ‘act ft the killing as far as they came to their knowledge. At the conclu- sion of their testimony Mr. Howe, instead of calling witnesess for the defence, induced the prisoner to put in a plea of guilty of manslaughter in the third degree, which was accepted. judge Brady, in passing sentence, said to the ac- cused that she stood convicted upon her own con- fession of the commission of one of the most re- volting crimes known to the community. It was no less than the murder of her own offspring. He rogretted to stute that the crimes of infanticide aud wile murder were much ou the increase, and he would take this occasion to announce that in all cases of con- viction before him for either of these crimes he should inflict the full penalty the law prescribed, in this case, owiny to legal technicalities as to prooi, the counsel for the prisoner had obtained the acceptance by the District Attorney of a plea of Manslaughter in the third degree, and there were, doubtiess, mitigating circumstances even in this revolting case. He shou'd therefore inflict such a punishment as he deemed the circumatances re- ninea=-anree years and six months in State ison, The ‘prisoner, who wept and seemed to feet acutely her position, thanked her counsel and the Judge. and then was led away by the Deputy Sherif This terminated the day's proceedings in Court, andthen an adjournment took place till this morning. SUPREME COUNT—CHAMBERS. Decisions. By Judge Fancher, In tne matter of Israel Levi, a supposed lunatic.— Petition granted. Lowerre vs. Buckley.—Judgment of foreclosure and sale granted, Shipsey vs. Marquis.—Judgement granted. Hyatt vs, The Continental Windmill Company.— Judgment ordered, Ball vs. Ball.—Reference granted to take proof and report. By Judge Pratt, Glass vs. Cartwright.—Motion denied, with $10 costs to abide event. SUPERIOR COUR1—SPECIAL TERM. Decisions. By Judge Van Vorst. Ryan vs. Green.—Peremptory mandamus ailowed, Noe vs. Darro’ Order granted, Whitmore vs. The Erie Railroad Company.—Mo- tion denied. McCready vs. Hayes.—Motion granted, COURT OF COMMON PLEAS. Decisions. By Judge Daly. Levy vs. Dunker.—Motion granted, Myles vs. McClees—Motion denied. Crollius vs. Skif.—Motion granted on terms. Gerner vs. Ostrander.—Motion granted. WARINE COURT—PART 1. Action Upon an Account Stated. Before Judge Curtis, Story vs. Bennett et als.—This action was brought by plaintiff to recover upon an alieged account stated and a promise to pay. Defendants denied the indebtedness and the promise to pay, and set up that the plaintiil agreed with them that in the event of the return of any goods sold by plaintiff ior defendants the plaintiff, was to receive no commissions; that by reason of the return of a great quantity of merchandise the plaintiff became indebted to defendants for money overpaid, for which money defendants sought to recover by mcanes of their counter claim. Judge Curtis charged the jury that the onus probandi was on plaintiff to establish that the ac- count was stated as alleged, and the existence ot the promise to pay; that plaintiff should suffer a deduction in his commissions upon all goods r turned within the time stipulated at the time of the purchase. If one indebted individually and also jointly with another to the same creditor makes a genera! payment, the creditor may apply it to elther account, as he may choose. He may apply it to the joint account, though he have given the party making the earners @ receipt as for money paid by him, and in other joint debtor isnot mentioned. The account books of the creditor, together with evidence that the entries were made at the time they bear date, are competent evidence in his tavor to show to which of two accounts he applied a general pay- ment. Jury still out. MARINE COURT—PART 2. Important Legal Question—The Storage ot Ale by Brewers with Their Credi- tors. Before Judge Shea. Arthur A. Brown vs. Horace K. Thurber.—In De- cember, 1872, the plaintiff, who 1s the proprietor of the Long Island Brewery, delivered twelve casks of ale to Michael Mealey, who was then engaged in the retail liquor business at No. 21 Cherry street, in this city, on condition that the ale should not be used until paid for, Soon after this the defen- dant recovered a judgment against said Michael Healey, on which an execution was issuea and placed in the hands ofa city marshal, who levied upon tne property at No. 21 Cherry street, and seized, among other things, these twelve casks of ale and sold them at public aution. Plaintiff brings this suit to recover irom the defendant $238, the market value of the ale, with interest from the time of its seizure. The plaintit? testified that as stock ale was not suitable for use until at least six months alter being brewed, it was his custom, in common with other brewers, tostore that kind ofale in his cust ers’ cellars, to remain his property until paid tor. Michael Healey testified that he received the ale on the condition that he should have the right to use one cask, but was not to open the second one until he had paid for the first, and returned the empty cask. Defendant’s counsel claimed that the title to the ale (geet to Healey when it was delivered to him, and that if the ale was delivered by the plaintiff to Healey with the understanding that it was to remain the property of the plain until pus for, that such an agreement, by giving to lealey a fictitious credit, was irauduient to the piaintiff as a judgment creditor of Healey. The Court instructed the jury that a person can sell property upon the condition that the title re- mains in him, although the Waneomens has posses- sion of it, and it will not be liabie to seizure upon Leg Tome the purchaser until he uired a titié to it by paying for it; that the emMent in this case that all should remain the p tif’s property until paid for was a perfectiy egal contract, and if the jury found that the prop- erty was on storage at Llealey’s _ awatting his completion of the intended purchase, they should find for the plaintiff, The jury returned a verdict for the plaintiff for the full amount claimed. MARINE COURT—CHAMBERS, By Judge Joachimsen. Bergh vs. Barnard.—Motion overruling deiend- ant’s demurrer as frivolous granted, and that Le de ge ee with $10 costs of motion, irder entered, Brennan vs. Richards, Hadnett vs. Van Orden, Zegier vs. Keech, Jones vs. Lambardo.—Urders of discontinuance granted. Hail vs. Maloy.—Motion to open default granted, with costs, Brush vs. Brush.—Motion to vacate attachment i with $7 costs to defendant. Order en- ered. Boyd vs. Seeger.—Order disallowing plaintiff's amendments granted, Francis vs. irder of substitution granted. ‘ders opening judgments granted on conditions. Harrison vs, Hartman.—Order setting aside sam- mons, &c., granted, with $10 costs abiding event, with liberty to renew, &c. Levinger vs. Gregory.—Order_ granted to cae OF day calendar of part No. 2 for trial Octo- ber 7 lace COUNT OF GENERAL SESSIONS. Empanelling of the Grand Jary. Before Judge Sutherland. The Grand Jury summoned to attend in this Court were empaneilea yesterday. Oharies H. Haswell was appointed foreman. His Honor tho City Judge, in his charge, enumerated the various statutes which it 18 obligatory upon the presiding Judge to mention, stating that the grand inquest had complete jurisdiction over all offences com- mitted in the city and county of New York, He said that it was probabie that their attention would be called to the jorgeries of the Buflato and which the name of the | asked for an examination at some i | chmidt, Martin vs, Curley, Glan vs, | Kauny Kern's, Peter Parley an insisted that tne ap- | was an tmportant one, it would receive their calm and deliverate attention, His Honor remarked that in reading the report of the Prison Associa- tion he observed tnat an act passed in 1862 em- powered the association to institute a workhouse and to apprentice young criminals, He did not know whether such an establishment was in @Xx- istence, but he thought some such institution, con- ducted upon the apprenticeship plan, would be a better place to send youtu/ul criminals to than the House of Refuge or the Penitentiary. Alleged Outrage Upon a Girl. ‘The entire day was occupied in the trial of an i dictment against Timothy Lane and James Bren- nan, who were charged by Johanna Handley with dragging her into a lumber yard at the foot of East Forty-first street two aveeks ago and commit- ting an outrage upon her, She swore that Brennan held his hand over her mouth while the other prisoner outraged her. A poitceman was attracted y her screams, and arrived at the scene of the occurrence in time toarreat Lane. There were a great number 0) Witnesses examined for the de- fence, but they contradicted each other on mate- rial points. ie case will be summed up this morning. COURT CALENDARS—THIS DAY, SUPREME CouRT—CHAusens—Held by Judge Fancher.—Nos, 29, 30, 44, 59, 60, 61, 63, 6314, 3%, 78, 75, 35, 101, 102, 107, 108, 123, MaARINS VOURT—Part 1—Neld by Judge Curtis. 3. 2858, 2802, 2018, 2856, 2284, 2874, 2004, 2894, 2920, 4, 2 2030, 2878. Part Held by Judge Shea.—Nos, 2685, 2559, 2839, 3026, 2051, ie 2001, 2371, 2651, 2795, 3037, 2911, 2058, BROOKLYN COURTS, UNITED STATES DISTRICT COURT. Admiralty Catendar, &c. Before Judge Bened! Judge Benedict opened court at noon vesterday and called the Admiralty calendar. It embraced 174 cases, Some went off for the term and others were set down for trial on days selected by counsel, Jury trials will not commence before the first Wednesday of October. A jury has been summoned for tuat day. COURT OF SESSIONS. Assault and Robbery. Before Judge Moore, James Gratibzer, a pedier, appeared against two young men, named John Emmick and Henry Kah- lert, and charged them with assault and robbery. On the 7th of August the complainant was peddiing his wares iu East New York, and after doing con- siderable business retraced his steps towards the city, When he arrived at the outskirts of the village he met the prisoners, who assaulted him and robbed him of $12 werth of his goods. ‘The jury convicted the prisoners and Judge Moore sentenced cach of them to the Penitenuary for tive years. COMMISSION OF APPEALS, Aubany, N. Y., Sept. 17, 1873, The following {s the day calendar of the Commis- sion of Appeals tor Thursday, September 18:—Nos. 21, 23, 28, 47, 49, 87, 102, 107. Hight causes will con- stitute the day calendar until further notice. MORE FORGED BONDS, An Issue of $200,000 Thought To Be in Existence—limoly Discovery of the Fraud. About a month ago the Treasurer of the Connec- ticut and Passumpsic River Railroad Company re- ceived @ letter irom Dr. Samuel K, Lyon, of 312 Second avenue, usking what they would pay for one of the bonds of the Massawippi Valley Rail- road, stating he was writing in the interest of cer- taiu persons who wished him to dispose of it. ‘Treasurer answered that the company would pay 90 for it if sent on in afew days. On the 29th of August Mr. Emmons Raymond, President of the Connecticut and Passumpsic River Railroad Com- pany, received trom Dr, Lyon a registered letter, enclosing @ $1,000 first mortgage bond of the Mas- sawippi Valley Railroad. Whe bonds of this description are payable at the Bank of Montreal. and are guaranteed by the Con- necticut and Passumpsic fiver Kallroad Company. it was pronounced a forgery. Mr. Emmons Kaymond came to New York a few days ago with,the bond in his possession. He ene the case at once in the hands of Captain irving, of the Central OiMice. Dr. Lyon was found Without any dificuity. He told Mr. Raymond he had received it irom Mr. Francis Upton, of ‘Thomas street and Hudson, who received 1t from his son, Edward Upton. Edward Upton was arrested in Warren street on Tuesday noon by Detectives Sampson and Ryder. He was taken to Police Headquarters, where he in- formed the detectives that bond irom Thomas Connolly. About hal!-past eight Tuesday evening Cononily was aiso arrested and brought to Police Headquarters. Both of the prisoners were arraigned before Judge Dowling, at the Tombs Police Court, yesterdav atternoon. Counsel appeared for them and \ future day. To accommodate ir. Raymond, who belongs in Boston, it Was set down for Tuesa 30, Mr. Raymond says that some time ago a num- ber of bonds were ordered to be lithographed and were returned as useless, as the date on them was wrong. He believes the bond in question to be “they had failen into the hands of some’ men who are attempting to put them on the market. THE FALL BOOK TRADE SALE. poplin dg eS Seventh Day. Roberts Brothers, of Boston, headed the cata- logue at yesterday’s sale, their invoice of choice | literature being disposed of, alter about an hour was consumed in selling the remainder of A, J, Holman & Co.'s contribution of fine family Bibles and albums remaining over from Tuesday evening. Mr. Thomas W. Niles represented the firm of Messrs. Roberts. Their invoice was commenced with “fhe Queen of Diamond Edition of Jean Inge- low’s Poems,” followed by Burnand’s humorous works. Berthold Auerbach, the celebrated Wer- man composer, whose ‘May Greeting to the HERALD,” at the opening of the Vienna Exposi- tion, created such an immense sensation, works, and of which several hundred volumes were bought. Professor J. H. ingraham’s religious productions, illustrated, sold well; but on Miss Louisa M, Alcott’s writings there was a positive “ran.” One of these series, “Little Women,” in two volumes, at $3, has already attained a sale of ‘200,000 copies, and ‘My Boys’’ has been sold at the rate of 10,000 a month, and is only published two months, ‘Rey. E. E, Hale's Writings,” “Philip Gilbert. Hamerton’s Writings,” ‘he Heaven 8 “Poetical and Illustrated Holiday Books,” the celebrated “Paul Konewka’s Silhouettes,” $3 and $4 books, sold fully up to the lines and were in many instances duplicated. On juvenile literature Messrs. Roberts made quite a hit, espectally on Susan Coolidge’s story books, “What Katy Did,” and tue companion, “What Katy Did at Sciiool.”’ Mr. Wilham J. Widdleton, of New York, con- tributed an invoice of choice classics—*Disracil,”’ “Lamb,” “Burton,” ‘Hallam, “May,’? “Poe,” “sims,” &c. The contribution of Messrs. Sheldon & Vo., of New York, followed next and was quite a featare in yesterdays sale, Their invoice consisted of denominational (mainly Baptist) publications, which solid comparatively well, They also con- tributed the “Library of Choice Fiction,” any number OO had books, paper toys, &c. Noyes, Holmes & Co., of Boston, made a feature The Birds of New England,” by K. A. Samuels. ks, “Hudson's §! jakepeare,” in $15 book; “Shurtlef’s ‘‘Iistory ton,” and popular juvenile books, 8. R. Wells & Co., of New York, came into notice on the cataiogue with a careful selection of scien- tific, phrenologic, educational and medical works. ‘Their publications, having become standard, real- ized good prices. Medicai and scientific works, ranging tn price from flity cents to $46 Messrs. William Wood to good advantage. z Clark & Maynard, of New York, contributed a choice selection of books, including the prod tions of the Jute N. P, Willis, in several difere editions, as also the “Juvenile Library,” contat! other writ The large invoice of Macoy's, Sic! "and Mackey’s Masonic publications were not forthcoming when page, and not a few buyers were sadly disappointed. Collings & Brother, New York; BK A Haie Son, New York; Shaefer & & Koradi, Philadelphia; T. W. Strong, New York, and Thompson, Brown & Co., of Boston, had in off with “Cushing’s Manual.’ Religious and juve- nile works were the chief features. James Miller, of New York, had @ prominent tavoice of poetical volumes, letter writers and juvenile books. He made considerable of @ prominence of holiday books. The invoice of Horace B, Fuller, of Boston, was on the catalogue. To-day’s sale will commence with D. Van Nos- trand’s consignment of military and setentific las tice of the trade sale. In een Messrs. Lee & Shepard’s sale it was inadvertently stated that the modern novels of Mme. 8. M, Swartz, trans): tions from the Sweatsh, sold well. The tact ts th these works were not offered at all, and the eryer in publishing the name occurred by the reporter Erie Batiroad bonds. and honed that, as the case | marking this instegy gf qnother ling . The bond in question was sent to Montreal, where | | the HeRaLp sought out and found some of the Al- | je had received” the | y, September | one of the 400 which were then ordered, and that | | | | | | | | | | | of was well represented by the translation of his | B | | | er volume, were offered by | Co., of this city, and soid | NEW YORK HERALD, THURSDAY, SEPTEMBER 18, 1873—QUADRUPLE SHEET. UMORED ALDERMANIC CORRUPTION Who Are the Four City Fathers Reported to Have Been Indict- ed for Reception of Bribes? The Mayor Said To Be More Guilty of Misde- meanor Than the Accused. The Temptations of Pat- ronage. RUMORS AND INTERVIEWS. The HERALD of yesterday gave a startling rumor to the effect that information, believed to be wor- thy of credence, had been obtained looking to the indictment of at least four members of the Board of Aldermen, who are in the ring formed to leave the Mayor’s nominees for Poitce and Civil Justices on the table, In the ariicle the jolowing Was given as A KEY TO THE MATTER, It is alleged that some {ime ago a certain party having contidential relations with one of the city ofcials had a quarrel with his patron about certain moneys the former had obtained, alleging, al the time he obtained it, that the moneys were “wanted by the ofiiciai atoresaid, It is alleged that the result of the quarrel was a breaking oi! of the confidential elations between the two, and the appearance of the party of the first part before the Grand Jury, to whom he unbosomed himself of all his confidential transac- tions with the omMcial, The revelations he is said to have made are alleged to be thes That all the Police Justices had made a combination among themselves by which a certain sum of money was raised, and that this sum or a good part of it has been made the incentive of opposition to the Mayor's lolice Justice nominations with four mem- bers of the Board of Alderwen, and it is these four, it is alleged, who have been indicted tor bribery. A reporter yesterday followed up the case as far as possible. Having ascertained that the city oficial referred to was likely to be Judge Cox, and the party who, it is alleged, had appeared before the Grand Jury was Frank Houghtaling, late clerk to Mr. Cox, he visited the District Attorney's office. Mr. Phelps smiled very sweetly and twisted his blonde and gray mustache as he read the para- graph to his assistant, Mr. Allen, and when asked if indictments had been found, urbanely remarked that he couid not give the names of the Aldermen referred to, and then he had a sudden call else- where, Considering that he had not been asked to give the names this information was entirely gratuitous. Mr. Allen went further, declaring that he had heard nothing of it, THE STORY AS CIRCULATED about the Gity Hall ts that the party who appeared betore the Grand Jory is Mr, Houghtaling; that while he was clerk for Justice Cox Mike Murray, the ostensible proprietor of an Eighth street gam- bling house, was taxed by a high police oficial $1,200 per week to prevent his business from being interfered with; that on one occasion Mr, Hough- taling intimated to Mr, Murray that Judge Cox Wanted $1,000; that the money was paid to Mr, Houghtaling; that subsequently Judge Cox met The | Mike Murray, and, learning that he had paid money to escape trom annoyance, & quarrel oc- curred between Mr. Cox and his clerk that re- suited in a severance of their confidential relations, and that Mr. Houghtaling finally appeared belore ‘| the Grand Jury and made a “‘ciean breast’ of cer- tain matters he had learned. story that Rumor, so often at fault, gives as the basis Jor all the action taken by the Grand Jury. With this knowledge before him, a reporter of dermen yesterday. ALDERMAN KEHR DID NOT SEEM TO CARE A PAR- TICLE, and remarked :—‘I only wish I had received some | of the money alleged to have been paid by the the | Justices to prevent the confirmation of Mayor’s nominees. If there is any money floating about I would like to see a little of it.” REPORTER—Sball I make that statement, Alder- man? | amuow interviewing you. Mr. Kenr—Yes, if you like. been made and published that the Tax Commis- siouers paid the Aidermen $12,000 to confirm them. I have cola John Wheeler f Want my share ot it, if it was collected, or, in place of it, my proper shure of patronage. Rerortek—Well, now, Mr. Kehr, let me ask you another question. In the caucuses held by the anu-Mayor Ring was it ever hinted that the Police Justices had atriend prepared to be used in inip- encing the Board oi Aldermen? Mr. Kenr—Never. The bribery, the corruption, comes trom the other side, as you know. RerORTER—Beers¢ Mr. Kenk—It is not important to particularize. This much | will say—tr [| had been open to the receipt of corrupt money 1 COULD HAVE MY ROOM NOW FULL of it from that side of the iouse. Iam ready to meet anybody anu have netviiing to conceal, Alderman Monhetmer, who has just returned irom kurope, was met on the steps of the Ciiy Hall, THY LITTLE GIANT OF APOLLO HALL said:—“I will tell you who ougit to be indicted— Falconer and Beers, who, during my absence, have attempted to bribe my colleagues Kehr and Koch with patrovage, and ochers who ofered money con- siderations.” ReporveER—But, Alderman, let me ask you a question; 1 believe you will’ answer it truthfully. io your caucuses on the question of confirming the Mayor's nominees ior Justices, Was it ever even hinted at that the Police Justices were going to use money to enable themeto retain their places, or did you ever hear that money was being col- lected for that purpose by the present incumbents? Mr. MONKEIMER—Never, to influence the Board Aldermen. Ihave heard that the , WhO have @ reserve fund, paid each &@ retainer of $12,000 to test the constitu- tionality of the jaw and carry the war into the highest court. That, I oclieve, 18 all the money either collected or expended in the matter, Alderman McCafferty, on being spoken to on the subject, said that the first intimation he had re- ceived about the alleged indictment of the four aldermen was {rom the paragraph in the HERALD. “As far as | am concerned,” said he, “in this police justice matter, resent Jus- u William A, I FEAR NOTHING. Ihave done but my duty. If bribery has been | brought into play to sway aldermen irom one side to the Gther on the question, {| would be more easily led to suspect that it has come YROM THE MAYOR'S SIDE OF THE HOUSE. than from our side. 1do not know if money has | been offered; but 1 do know, I tell you, that every possible temptation of patronage lias been offered by the Mayor's party to induce Kelir and Koch to go over tothem. ‘These two gentiemen have re- | sisted stoutly on principle, and have 60 far stood firm, It may be that where auy amount of patron- age has been offered money may have been offered also; but oifered or not, Ido not believe that there isa man in the Board who can be made to ‘weaken,’ Kehr apd Koch, { assure you, they are above suspicion, There is not money enough In the city to Make them move one inci against their convic- tions. They have taken their stand and notuing can move taem. “How has this story got bruited about, then, do you suppose ”’ A CANDID OPINION. “My candid opinion is that it has been started by people who are anxious to manulacture public sentiment against the Board. No matier what | they can do, however, their machinations will go for baught. Weare inthe right on our side and fear nothing, let denunciations come from what- ever suurce they may.”” Mr. Frank Hoogataling, being an important wit- ness, was sought after, While looking for him the reporter COUNTERED JUDGE SCOTT ON BROADWAY. The J bi had seen the paragraph in the HERALD and sat “1 never paid a cent to influence the action of the aldermen, 1 would sooner pay money to have them remove me, and thus test tie matter.” ReroRTER—But Alderman Monheimer tells me | that the Justices have raised a fund to prevent these lines Were reached on Clark & Maynard's | voices sold at yesterday’s sale, tne latter leading | | \ | i books, A slight error appeared in yesterday's no- | explained his business, | their removal. Is it to fee counsel ? Mr. Scort—Yes; William A, Beach Is the man He has been paid his. tee, and will, if we are re- moved, carry the matter to the courts, U have paid money, a8 Others have, to counsel to test our rights, but nota cent to be used to induence the action of the Aldermen, KerorTER—Then there bas never, as far as you have heard, been any meneys expended or col- lected to direct Aldermania action? Judge Scort—Never. khave not paid anything and have not heard of others paying for such o purpose, PRANK HOUGRUALING WAS POUND at the corner of Grove and Bleecker streots, after the reporter had failed to find him at ais residence. He was in compang of ex-Police Judge Dodge and another gentleman. Calling him aside, the reporter tr. Hloughtaling stated :— “[ know nothing about it, except what | saw in to-day’s HERALD ReVORTER—But {t ts said you were before the Grand Jury. Mr. Hovesrratino—I know nothing about tt. ReroMER—It ts said that you and Cox ‘ad A falling Og about moyey alleged to Lave LgCR Cole ‘This 1s, in brief, the | The statement has | lected by you from Mike Murray ror Judge Cox not paid fp hy you, Mr, HOvGHs ALLY in two years, Reroxtex—And you have not been besore the Grand Jury * . Mr. Hovintarina (hesitating)—TI have not, Reroxrer—I haye different information. You have not testified before # grand jury recently ? Mr, HouGaTaLinG—No, sir. Rerorrer—Then my sources of information are bad. Thave just seen the Distriet Attorney. Let me ask, were you suspended by Cox or discharged. Some say you are merely unaer suspension trom the office of clerk to © ? Mr, HovauTaLinc—Neither. RePorreR—How is it, then ? Mr, Hougurauiva—One day I left the court voluntarily. RePoRTsR—Thanks, Mr. Houghtaling, for the in- formation, Can you tell me where I can find im Cox? rr. HoucwraLiNc—I don't know. Perhaps he tg about the corner under the Court room. * The reporter SEARCHED FOR JUDGE Cox to obtain his side of the siory, but he coulda not be found. Many are under the impression that this action is taken for no other purpose than to seare Aldermen Koch and Kehr into withdrawing from the Aldermanic majority and joining the minority tn confirming the Mayor" Resets: ayor’s nominations —I have not seen Mike Murray THE JEWS IN NEW YORK. The Feasts of Rosh Hashana, Yom Kip= pur and Succoth Approaching—Some Interesting Facts About Our Hebrew Citizens and Rabbies. Sunday evening, the 2ist of September, com- meuces the month of Tisrt, iu which are celebrated the Scriptural festivals, ‘Rash Hashana (New Year), Yom Kippur (Day of Atonement) and Succuth (Tab- ernacles). This iscalled the “Holy Time,” and the Israelites throughout the world are then most attentive to religious duties, The city ofNew York 18 @ cosmopolitan city, of which it is traly said there are of inbabitants “more Germans than.in Ber- lin, more Irishmen than in Dublin, more Catholics than in Rome and more Jews than in Palestine."* The census does not give reiigious statistics, but the number of proteasing Jews resiaents of this city bas been approximately estimated by the QUANTITY OF PASSOVER BISCUITS manufactured for their use. The bakeries produced on the average for the last decade, 800,000 pounds: yearly, which, at the rate of one pound per day for each adult during the eight days generally observed, would make a number of 100,000 persons. Sew York, therefore, may be safely assumed to contain the largest Jewish population of any city in the world, during the last 750 vears, if not longer. They have an Orpaan Asylum to accommodate 250 orphans, a Hospital and a number of charitable societies among which is the Independent Order of B'nai Berith, aud have also established within the last few years a Home for aged and indigent of both sexes, managed by ladies, presided pver by Mrs. P. Joachimsen. Believing in the “unity of God,” in the fulfilment of the prophecies and in man’s duty “to serve the Lord,” they have of course many places of worship and competent religious guides, ‘The oldest congregation of Jews in this city is the SO-CALLED PORTUGUESE SYNAGOGUE, in West Nineteenth street, near Filth avenue, ot which the Rev. J. J. Lyons is pastor. He has been settled here fo: tly thirty years. He is strictly orthodox, adhering, toa hair's breadth, to all the old customs and ceremonies, and it is, perhaps, due to his personal iniluence that the moderm style of service has not yet been introduced in his church, He 18 @ modest and unassuming gentle- man, and a good Hebrew scholar, Senior to bim, im point of settlement, is the Rey. S. M. Isaacs, of the Forty-lourth street congregation, He is a8 devout and as respected as Mr. Lyons, and is the first of the ministers who introduced stated addresses in the vernacular during an intermission of the He- brew service, He is also the editor of the Jewish Messenger, now the OLDEST WEEKLY JEWISH PERIODICAL in the United States. No one can enjoy his acquaintance without quickly becoming con- vinced of Mr, Isaacs’ faith in orthodoxy, which is as sincere as that of his colleague of the Portuguese congregation, The Rev. Mr. Vidaver, of the Thirty- tourth street synagogue, is a comparatively young man, enjoying tue reputation of being an excellent Hebrew scholar. He 13 a very animated speaker, rather addicted to typical poetic illustration. He also is called orthodox, but his congregation are more and more inclined to the reform movement, and it may be @ not very distant date when his people will take to organ, pews, &c., now so gener- ally in use on the Continent of Europe and America. ‘There are also a number of congregations whict preserve the traditional customs of the middle cen- turies, but they have no leaders, most of the members being satisfied that their education entities them individualiy to be called “rabbies,” bat, as they disappear in the course of nature, YOUNG AMERICA TAKES THEIR PLACK. The senior preacier of the modern rite ts the Rev. S. Adler, German preacoer ta the Fifth ave- nue temple. His learniug, modesty and charity have made him inseparable irom his congregation, whom he found simaii, but who, under him, bave become powerlul. The Rev. Mr. Gotneil, his col- league, is the English preacher, but recently ar- rived from Manchester, and in his probational ad- dresses is the promise of a popularity that is rea- souably to be expected from his well-earned repu- tation in Engiand. The congregation is reform, but not a Voutrance, as 18 tne temple in Thirty- ninth street, in care of the Rev. David Einhorn. Mr. Einhorn, who 18 approaching the “sere and yellow leaf,’ is known to be a fountain of Tal- mudic lore, but with inexorable logic he has led the reformers to the very verge of extreme liberal- ism, or, better speaking, liberalism, Huis personal standing is the highest. He is an accomplished writer and a powerful orator. The splendid Fiity- fitth street temple, in Lexington avenue, is pre- sided over by the Rey. Adolph Huebsch, in the pane of life, who stands in the frout rank of his rethren both officially and in private life, He is A FLUBNT AND LMPRESSIVE SPEAKER and a thoroughly cultured liderateur. As a general linguist of Oriental languages he, probably, is not surpassed in the United States. He and the colleagues who are named in this article make it @ point to attend personally to the religious schools: attached to their respective congregations. Were he habitually to preach in English his temple would have to be enlarged. Last, in point of tim is the new Tempel Anshi Chesed, in. Sixty-thir strect and Lexington avenue, consecrated on the 12th inst. The Kev. J. M. Wise, of Cincinnati, is the preacher-elect. Mr. Wise has for the last twenty years fought battles and done yeoman’s service for Judaisin in the West, both in the pulpit and in his ee journal, The Israelite and the Deborah. His congregation feel that his selection is in all res] fortunate. With such men as their head the Jews of New York may claim that ios rank with any settlement on the face of the globe. ROWING RACES AND REGATTAS. Advice to Amateurs, The members of boat clubs should have a vigilant eye upon all those who are the least disposed to favor jockeyi#m, and those who have a sympathetic leaning toward what may be termed the regular sporting element. When aquatic pleasures drife imto money-making contests, and the leading members of boat clubs become partners in gain with the buyers and sellers of races, there is am end to all the finer feelings that now actuate our young amateur oarsmen, and the spirit of honest and manly rivairy sinks to the jevel of the gam- bing fraternity. Thirty-five years ago the boat clubs of New York were a pride to the bg were patronized and applanded by its most influ- ential citizens; but jockeyism crept into their or- ganizations, bickerings and hard feelings were, m consequence, engendered vetween rival clubs, the public lost confidence in them, and the result was in @ few years their entire abandonment, Let this be a warning. Seulling Match on Hariem River. A single scull match has been ged between the Nassau and Harlem Rowingeiabe, which wilt take place on Saturday next on the Harlem River. ‘The course will be from Morris’ dock to the boat, a distance of three miles, Mr. F. tor, who won the Junior sculi race at Saratoga, will Ba Ig ie the Harlem Club; and Mr. Charlies Myers will fy the Nassau pennant. It will no doubt bea very exciting race. A Three-Pair Scull Race. On last Saturday afternoon a race was rowed at Bangor, Me., between two boats, cach of which was propelled by three pairs of sculls. The winning boat was called the Zephyr, and was rowed by S.C. Jameson, Peter Nicola and L. L. Woodman, agains the Butterfly, rowed by William Lowell, George Davis and Edward Davis, The course was one tuile, and was gone over in seven minutes, Double Senll Race on the Hudson. A match double scull race caine off at Pough- keepsie on Monday atternoos, in eighteen-foot working boats, weighing 135 pounds each, one of which wes rowed by Michael MeGann and James, Stevens, and the other by John Mellady and James Greenon. The course was five miles and the stakes $50, McGann and Stevens won tn 46 miu- utes, beating their opponents nearly a quarter of amile, The betting pratious to the start was in favor of Mellady and Greenon, at the rate of $25 to ¢x0, Considerable money was wagered on the contest, the losers going away grecefuily, though there wore one or more ‘clinches’ after the rac which at one time bid fair to end ina general knockdown. All got quiet after a while. liow- ever, and the exotiement ended, and the disgrace which would have followed @ blackguard cxluDiy tion Was YADDLY averted. =