The New York Herald Newspaper, September 30, 1873, Page 10

10 THE COURTS. MANDAMUSING THE COMPTROLLER. —_—__-—_——_ The Mandamus Business Growing Livelier Than Ever—An Extended Litigious Chapter Briefly Epitomized, BUSINESS IN THE OTHER couRTS. The Old Adams Express Oompany Difficulty— _ An Emigrant Swindler Building Air Oastles—Homicide Cases in the Court of Oyer and Termi- ner—Busy Day in the General Sessions. Im the United States District Court a suit was commenced yesterday by the filing of a capi against William Lattimer, Ronert W. Nesbitt and Jerome S. Hill, to recover $2,193 45 in gold, for alleged violation of the sixty-sixth section of the act of March 2, 1797, Several days since, as will be remembered, Judge Fancher, in Supreme Court, Chambers, granted a peremptory mandamus directing the Comptroller w pay $6,000 each to Messrs. William ©, Trap- hhagen, Jonn McClave and William Seaver, their fees .@3 commissioners of the Boulevard opening. Yes- terday, @n application of Assistant Corporation Counsel Andrews, the Judge granted a stay pend- ing appeal to the General Term for October, on condition that the city give short notice of argu- ment. In the Court of Oyer and Terminer yesterday Judge Brady sentenced John McCabe, convicted of | apausiaughter in the fourth degree for killing his wife, to the Penitentiary for one year. A son of . McCabe, jointly indicted for the same offence, was acquitted, William Larkin pleaded guilty of man- slaughter in the fourth degree. Sentence was deferred till this morning, when the trial of Peter McKenna will begin. As willbe seen by the report below the Comp- troller has his hands full of mandamus cases, It is evident that he has awaiting him a lively time in the Courts for a considerable period to come. MANDAMUS AGAINST THE COMP- TROLLER, Applications for Mandamus—Claims that Have Been Filed—Orders to Show Cause Why Mandamuses Should Not Issue. ‘The Comptroller has enough mandamus cases on hand to occupy his time and that of the Corpora- tion Counsel, to say nothing of special counsel, for some time to come, AVPLICATIONS FOR MANDAMUS, The following applications for mandamus have ‘been made in the Courts to compel the Comptroller to pay the claims enumerated beiow:—Stepnen Smith, for balance of salarx as Health Com- missioner, from September 1 to December 1, 1871, $2,666 66; William Jarvis, for sal- ary as Clerk in the County Bureau for September and October, 1871, $250; Archibald J. Fallerton, allowance of $8,000 for salary as Sec- ond Deputy Clerk of Board of Supervisors trom January 1, 1872, to December 31, 1872, and from ary 1, to May 1, 1873; James Dunphy, $8,000 tor Salary ‘as First Deputy Clerk of the Board o! Supervisors’ from January 1, 1872, to December 31, 1872, and from January 1 to May 1, 1873; Jonn McClave and William ©. Traphagen, $5,000 each for fees as commissioners of opening public road north of 155th street, A notice of judgment for $14,068 38 was also issued in favor of Edward Brown for labor and materials furnished the Fire Department from August to December, 1871, An order to show cause, issued at the instance of John B. Dolan, tor $2,500 for salary as Grand Jury clerk, Court of Gen- eral Sessious, from July 1, 1871, to March 1, 1873. CLAIMS THAT IAVE BEEN FILED, The following claims have been filed :—George S. Byrne, services in Finance Department, 1863 to 1866, $2,000; Isaac Wood, assignee of Thomas C. Fields, for salary as Corporation Attorney irom August, 1871, to December, 1872, $17,750; Gratz Nathan, salary as first cierk in Corporation Attor- nev's oilice (roi September 1, 1871, to August 3l, 1872, $3,000; Edward Boyle, City Surveyor, lor ser- vices in surveying, opening of Madison avenue from 124th street to Harlem River, $7,197; same tor same service, opening 100th street, from Fourth to Fiuty avenue, $7,918; same for same service, Opening 102d street,’ trom Fifth avenue to Harlem River, $2,456; Metropolitan Gas Light Company, Jor supply of gas irom Tee to Seventy- ninth street, in July, 1878, $19,712; R. M. Allen | and others, damages irom intringement of patent by the purchase and use of 10,000 water meters trom Jose Navarra. ORDERS TO SHOW CAUSE. Comptrolier Green has orders to sliow cause why mandamuses should not be issued to compel pay- ment of $14,000 to James S. Hennessy, tor services as Commissioner in the first Broadway widening; charles G. Cornell, for alike amount in the sam commission, and tor § juin Wood, as Commissioner in the second Broad- way widening. The Comptroller contends that the amounts allowed these Commissioners in bills of costs are excessive for work performed and directly in violation of the rates prescribed by the act en- Ulled “An act to prevent fraud in the opening and laying out of streets and avenues in the city of New York,” and that during the time these proceedings were being carried on the parties were holding po- witions under the city government, each receiving &# salary from the city treasury, James Hien- nessy was Fire Commissioner; Charles G. Cornell, Water Register, and William Wood, Dock Commis- sioner. 10 payment on these demands would, therelore, the Comptroller asserts, be contrary to the provisions oi the Charter of 1870, BUSINESS IN THE OTHER COURTS. SUPREME COURT CHAMBERS. The Adams Express Company Litiga- tion, Before Judge Fancher. ‘The story of the litigation in which the Adams Express Company has been involved for some ume past, growing out of difficuities in settling affairs between the old and new company, origi- nating in complexities occasioned by the war of the rebellion, has already been published at length in the HERALD. It is charged by some of the stockholders that the trustees had not properly ac counted for the stock of the Southern Express Company. The latest phase in the case is a motion made in this court yesterday by Mr. McFarland, on behalf of stockholders of the original Adams Ex- press Company to set aside a decree given by Judge Cardozo in May, 1871, denying a motion by coupeel for the shareholders tor the appointment of @ Receiver, and for an accounting 7 the trustees, E. 8s. Sandford, 8. § Shoomaker, aod William B. Dinsmore. Coun- #ei claimed that decree is & nullity, as e the stockholders were not represented betore the reeree, and the attorneys who acted jor them were attorneys ior the trustees. Mr, Burrill inter- d objections to the motion: first, that onl, ir. Sandford had received notice of it, and second, that all the parties interested on the other side had not been notified of the proceedings. Judge Fancher, after hearing « lengthy argument in tue case, look the papers, reserving his decision. Charles Moore, the Alleged Emigrant Swindler, The case of Charles Moore, convicted before Re- corder Hackett for emigrant swindling, came up yesterday morning on a writ of haveas corpus, sued out by Mr, William F, Howe, bis counsel. py reason of the reversal of Moore’s conviction by the Court of Appeals an order was entered discharging him from the State Prison, and he was remanded to the custody of the Warden of the City Prison to await the iurther action of the prosecuting a@uthorities, Decisto By Judge Ingrabam. Florence W. de J. Lopez vs. Manuel de J. Lopez. — Report confirmed and divorce grante Bol cor iaes vs. Pettengill et ul.—Memoranda for unsel, White vs. White.—Referred back for further proof, &c. Fry vs. Fry.—Motion denied, with leave to re- wew; $10 costs to delendant. By Judge lratt. Devoe va. Nutter.—Motion granted and injane- continu COURT OF OVER AND TERMINER. The Killing of Mrs. McCabe—Sad Story of Drankenness and Crime—The Son Acquitted and Father Found Guilty of Manslaughter in the Fourth Degree— ‘The Case of William Larkin, The Court of Oyer and Termiver met yesterday morning, pursuant to adjournment, Judge Brady on the bench, 48 usual there was p large crowd NEW .YORK HERALD, TUESDAY, SEPTEMBER 30, 1873—QUADRUPLE SHEET. apart for prisoners were several indicied for mur- der in the first degree, whose cases have been set down for trial. CHARGE OP UXORCIDE AND MATRICIDE, John McCabe and John McCabe, Jr., were placed at the bar, Both were indicted ior murder in the first degree, the victims being the wife of the former and mother of the latter, Messrs. William F. Howe and Abraham H. Hummel appeared as their counsel, and the prosecution was repre- sented by Assistant District Attorney Russell. The first twelve men answering to their names on the call of petit jurors were accepted as the jury. Ac- cording to the statement of Mr. Russell, the prisoners and the deceased occupied rooms on the thira floor of the tenement house No, 317 East Twenty-fifth street. Itwas charged that the son beat bis mother in the forenoon of the 34 of last July; that in the afternoon the father also beat her; that, bleeding and helpl she was then put to bed, and that death resulted alterwards from the injuries thus inflicted, They were, he added, poor people, aud the numeroas assaults were the result of adrunken brawl However unilial the conduct of the son might have been, it was by no means certain that the injaries indicted by tim were of a fatal character, but there was reasonable | ground fer supposition that the supplemental in- juries at the hand of the husband might have caused death, He did not think they coula bring in a verdict against the son of a higher grade of crime than manslaughter; but, of course, he left the issue to the evidence adduced in the case, Eliza McGovern was the first witness called, She testified that she lived at No, 317 East Twenty-alth street; the deceased, Mary McCabe, lived at the same house on the third oor; she knew the prisoners by sight; she meard the son and mother having words in the morning, but paid no atten- tion to what was said; rwards Mrs, McCabe came into her room; there were marks on her lace; at three o'clock {n the afternoon she was in Mra, McCabe’s room; the old man came in and some hard words passed between them; the son came in at five o'clock; soon alter this, the son asked witness if his father had been striking his mother; witness went into the room with the son and fouud Mrs, McCabe lying ona bed; the old man was sitting near a window; wit- | ness went to awake deceased, but tie son pre- vented her, saying, “Let her sleepit out;” the nead | and hair of Mrs. McCabe was covered with blood; she died at midnight. Cross-examined.—Did not know how many times the deceased had fallen, or whether she was drunk ; as the deceased lay in ved the top of her head was covered with blood; the blood might have come ‘om her nose, Edward McCabe, son of the elder prisoner, was next cailed as a witness, As he is only eight years old Judge Brady first examined him privately to test his competency as a witness, and decided that he was competent. He came, hé testified, from Randall's Island to the Court; he was home on the day ms mother died; bis brother Johnny came home before dinner time; them went away and came back at four o'clock; he saw his brother hit his mother in the face with a shoebrush; his mother then went after an officer, and after awhie his brother went away; when his father came home he commenced fighting her; he called her ail sorts of names; be saw his lather drink; he drank Bourbon; his father hit bis mother with a cup on the head and then fired the cup at her; he struck her a good many times with his hand and she tell on the floor; this was alter his brother came iv. Cross examined—His mother had been drinking ; 2 good deal that di he only fell down once, and then when struck; his brother only struck his mother with the shoevrush; bis father leit the liquor in the house; in the morning his mother took upa knife at his fatier; she threw sticks at him; his iather’s face was bloody; his motuer was not very drunk; she was only a iittle tight. (Laughter.) Mr. iiowe—The superior intelligence of the wit-* ness shows his competence. Simeon N. Leo, Deputy Coroner, testified that he made a post mortem examination of the deceased; she died from compression of the brain caused by violence. Cross-examination—A fall would have produced the same result, OmMcer Carson, of the Eighteenth precinct, testi- fied to arresting the prisoners; the iather nad the appearance of just getting over a drunk; the son was sober; the latter said that he came home and found ber drunk on the floor, and put her to bed; the father said he knew nothing about the cause of her death. Dr. Sanborn went to the nouse of the deceased about hall-past three o'clock on the morning of the 4th or July iast; he agreed witi Dr. Leo as to the cause of her death, ‘To Judge Brady—In his opinion the compression i the brain was the result of @ combination of Low: He also concluded t stimony, and Mr. Hows summed up for the de! He sald that the case brougnt to mind the park falling happily trom the lips of His Honor that the drunkard was the despot of the community. God jorbid that he should say anything agaist the poor woman, She Was an habitual drunkard. He lusisted that there was no evidence against the son, As to the fathe: he came home and {ound his wile in a state of quar- relsome inebriety. He did not intend violence, but in a passion resisted ber attacks on him. Alter drawmg a most feeling and eloquent picture of the situation, he insisted that no higter grade of crime had been proven than mansiaughter in the fourth degiee, and that should be the verdict. the jury returned a verdict of acquittal against the son and one 0! manslaughter in tue fourth de- uinst the father, alter telling the prisoner that drunkenness was no excuse for crime, sentenced him to the Penitentiary for one year, LEA OF MR. LARKIN, Mr. Larkin, against whom the Grand Jury have brought in an indictment of murder in the first degree, was induced by Mr. Howe, his counsel, to plead guiity to manslaughter in the lourth degree. . Howe recited the circumstances ot the case and urged that they were such as to justify a very Nght it any punishment. Judge brady said that the statement of the coun- sel presented the case as a pecuilar one, and he would therefore wait till morning before passing sentence. ‘The Court here adjourned till this morning, when the case of Peter McKenna, in which Mr. Howe sald he was prepared for trial, will be tried. SUPERIOR COURT—SPECIAL TERM. Decisions, By Judge Curt Beach vs. 0’Brien.—Case settled, The New York Lead Company vs. Keys. —Motion granted, proceedings on judgment to be stayed five day8; motion costs $10. Underwood vs. Green.—Motion to set aside pro- eeedings and for leave to come and defend denied; motion costs $10. See opmmon. Barnum vs. Pursells.—Plaintif’s motion for an injunction denied, with $10 costs of motion to de- fendant. Mehesy vs. Kohn.—The existing order restrain- ing and enjoining the defendant ts continued until December 23, 1875; motion costs $10, to abide event of smut. Schmidt vs. Arguembau.—Defendant allowed to answer and defend on payment of plaintift’s cosis of oppotsing motion, jadgment, &c, Subsequent proceedings thereander to stand as security. Fink vs. Allen,—Case ordered on file. Guttapercha Ravber Manufacturing Company vs. Torrey.—Motion lor reterence granted, Mott vs. Smitten.—Motion to vacate attachment granted. Motion costs ($10) to abide event of suit, By Judge Sedgwick. Amory va. amory.—Case and exceptions ordered on file. Saine vs. Same.—Same. ni COURT OF COMMON PLEAS—CHAMBERS, Decisions. By Judge J. F. Daly. Edward Lennon vs. James Dunseith.—Motion de- nied. See opinion. Joseph Doli vs. Anna Doll.—Counsel fee reduced and report confirmed. See opinion. Marie Geisler vs. Otto Geisler.—Reference in divorce. By Judge Robinson. Dooper vs. Noeike.—See opinion, with Mr. Miner, Clerk of Equity. Darra W. Evans vs. Darra Dows.—Order filed. In the matter of the Petition of Charies 8, Weih- ler et al,—Order signed and filed, MARINE COURT—PART |. Suit in a Replevin C Before Judge Curtis, Howe vs. Taliman.—This action was brought to | Tecover possession of a horse, wagon and harness, together with other trappings, of the alleged value | of $1,000, Itis contended on the part of the plain- | tit that at the time stated in the complaint he | borrowed $1,000 from defendant, with the under- slanding that upon the return to him (the defen- | dunt) of the said loan, together with the interest fgrecd on, the said property was to be returned to plaintits possession, Defendant set up that the transaction was in the nature of an absolute Sale, and that the pill of sale which was given was to be treated as an absolute conveyance and not Jn the nature of security or mortgage. It appeared In the proof that the bill of sale was filed under the provisions of the statute regulating the filing of such papers considered as tm the nature of security only, The Court instructed the jury that the bill of with tt a prima facie presumption of its bona fides, although it was Within the power of the plaintim if the proof existed, to show that it was not to be | treated as absolute, but simply in the nature of | mortgage or security; that it was not necessary to file an absolute bill of sale, an actual transier of | the possession and tttle of the property, in order | to make the transaction valid; but where an in- strument was to be treated in its operation, or by its terms, as in the nature of mor' ye or security, the jaw contemplated that it should be filed within | the tine sbecicd by the statute. in order to give sale, bemg a writteminstrument under seal, carried | disagreed and were discharged. MARINE COURT—CHAMBERS. Decisions. By Judge Joachimsen, Moritz Sommers vs. Leopoid Weiss,—Bail re- duced to $50; costs to abide event; defendant to consent to try the cause in Part 3, October 8, 1873, and take an order to that effect, Abraham Lazarus vs. Joseph Kalpin.—Plaintift must serve complaint and pay $7 cests of this mo- tion in three days. * Moller et al. ve, Lederer et al.—The default ts opened; costs to abide the event; defendant must consent to a new jury trtal or reler,: COURT OF GENERAL SESSIONS, Alleged Outrage Upon a Woman—Dis- agreement of the Jury, Before Judge Sutherland, Nearly the whole of the session yesterday was occupied in finishing the trial of Michael Foran and James Broderick, which was commenced on Fri- day. The youths were charged with outraging a woman named Ellen Stone on _ September 1st, at the foot of Thirtieth street. Mr. Mott called a number of witnesses for the deience and made a vigorous summing up to the jury, After an absence of three hours they were cailed into court and informed his Honor that it was impossible for them to agree upon a verdict, They were discharged from the further consideration of the case, Diedrick Hiiebrand, who was convicted last week of grand larceny, Was sentenced to the State Prison for tnree years. A Quvror Verdiet. James Quinn, a boy sixteen years old, was tried upon a charge of being concerned in stealing be- tween $200 and $300 worth of cofin plates on the 2th of August, the property of Lewis Hornthal. ‘The testimony of the oiticer, who saw Quinn and his confederates near these premises at two o'clock in the morning, and caught him in the act of “bury- ing” the property in the ground two hours after- wards, seemed to be conclusive evidence of guilt. In response to the usual question of the Clerk, the foreman replied, “Not guilty.’? The youthful prisoner made for the door with lightning speed, and while one or two olticials were expressing as- tonisiment at the verdict, it was discovered that ten oi the jury believed the boy guilty. It was too late to rectify the mistake of the foreman, and the youth escaped, e An Acquittal, ‘ Bridget Lochner, whose husband keeps a sailors’ boarding house in Water street, was tried on the complaint of Francis Fields, who claimed that she stole $26 from bis. person upon the 20th of this month. The evidence showed that the complainant was intoxicated, and District Attorney Rollins being satistied that she was innocent the jury ren- dered a verdict of “not guiliy” without leaving their seats. a YORKVILLE POLICE COURT. Alleged Highway. Robbery. On Sunday night, as Mr. William Nixon, of No. 579 First avenue, was standing on the sidewalk in front of his residence, John Leslie, of No, 691 Third avenue, approached and asked him tora match. Without waiting for an answer, Lesile, it 1s alleged, snatched Nixon’s watch and ran oif with it. The police arrested another young man, who was, however, discharged on being taken beiore Captain Allaire, of the Twenty-first precinct, and Leslie, Who was subsequently arrested, was coim- mitted for trialin deiauit o1 $1,500 bail to answer. COURT CALENDARS—THIS DAY, MaRineE Court—Part 1—Held by Judge Curti Nos. 2954, 2057, 2681, 2780, 2607, 2864, 3117, 3118, 2978, 2080, 2982, 2984, 2088, 2990, 2992. CouRT OF GENERAL SeEssions—Held by Judge Sutherland,—The Yveople vs, George Mott and George Jones, burglary; Same vs. Joun Hubbs, bur- glaury; Same vs. Willam Dillman, Thomas Walsi and Andrew lash, burglary; Same vs. James Bren- nan, John Benson and John Sutton, robbery; Same vs. James Smith, reiomous assault and battery; Same vs. Michael Haggerty, felonious assault and pattery ne vs. Albert Miller, felonious assault and battery; Same vs. Jape McGinuniss, felonious assault and battery; Same vs. Kosanna Dowdell, rand larceny: Same vs. Mary M. Hickey and Louisa Doran, grand larceny; Same vs, Max Baker, grand ame vs. Mary Ellen Smith, grand lar- ne vs. Joseph Rowland Osborne, Syivanus T, Shepard, Patrick J. Wallace, Thomas W. Wallace, larceny and receiving stolen goods; Same vs. Wil- liam Hamilton, concealed weapons; Same vs, John O'Loole, concealed weapon. BROCKLYN COURTS," ee SUPREME COURT—SPECIAL TERM. Nice Points in Law. Before Judge Pratt. Mary O'Malley was defeated in a suit, the oppos- ing counsel in which was one Romer, who, being unable to obtain his costs, got an attachment against her person. She has now brought a suit against him for aileged false imprisonment, and there are two nice points in the case to be decided, one as to the right of arrest of @ married woman in an execution against her body for costs, when she brings au action for slander, being a wiltui in- jury to her character, under section 179 of the Code, and the other as to tne eifect of an order in releasing a woman from arrest in such action where an agreement is made in the order that she shail not commence an action for false imprison- ment on such action. CITY COURT—SPECIAL TERM, The Divorce Business. Before Judge Neilson. & German, bearing the euphonious name of Jacob Fackenbocheer, appeals to the Court for an absolute divorce from his wife Barbara. The courtship of J » and Barbara was a brief one, aud some three months ater marriage Barbara presented Jacob with a bouncing boy, ried aca of which Jacob most emphaticaily denied. Hence this suit. The case was referred, COURT OF SESSIONS. Burglary in Johnson Strect. Before Judge Moore, Martin Everson, a muscular darky, was tried yesterday for having burglariously entered the apartments of a Mrs. Quian, in a tenement house in the lower part of Johnson street, on the morn- Ing the 6th inst. A razor and a knife were iound in his pessession. He was committed and sen- tenced to the Penitentiary tor four years and eleven months, Minor Convictions—Acquittals James Murray was convicted of assaulting a little girl named Edna Lockwood and remanded for sen. tence. Patrick Whalen, for stealing $4, was sent to the Pentientiary for sixty days, John E. Morrisa, charged with embezzling $30, from nis empioyer, Mr. King, of Fulton street, was acquitted, James KE. Jones, charged with carrying concealed Weapons, was also acquit COMMISSION OF APPEALS CALENDAR. ALBANY, Sept. 29, 1873. The following is the Commission of Appeals Calendar ior September 30:—Nos. 194, 196, 144, 166, 197, 125, 178, COURT OF APPEALS CALENDAR. ALBANY, Sept. 29, 1873, The following is the Court of Appeals day calendar for September 30:—Nos. 18, 26, 27, 31, 33, 35, 36, 87. “POLICE DRILL Guardians of the City’s Peace Per= fecting Themselves for Duty. Yesterday was the first day of police drill under the recent order of Superintendent Matsell, In obedience to General Order No, 121 the captains of the several precincts, with two sergeants from each, assembled at the Armory of the Twenty-sec- ond regiment, N. G. S. N. ¥., Fourteenth street, and formed in semi-military order, under the title of the Police Brigade, making a force of about Inspector Walling was in com- and exercised the officers in the ‘school of the company. Inspectors Thorne aud MeDermott acted as iieutenants, and Captain Copeland brigade major, as principal in- structor. Tne corps spent an hour in the exer. cises, Which they executed with such precision aud spirit as to elicii Warm encomiums from General Duryee, Police Commissioner, who was present during the drul. He complimented the brigade warmly upon its excellent material and upon the remarkable proficiency of tts members in acquiring that exactness and promptness of movement so important to the satisfactory co-working of an organized body of men for eficient attack or de- fence, THE DRILL TO-DAY. To-day there will be another drill, at which all the captains will attend as yesterday, and the two sergeants from each precinct, who were not present yesterday, It is gratifying to be able fo say that every oMcer present at yesterday's drill appeared to take proper pride notonly im presenting & neat and ofMicerlike appearance in dress and bearing, The but in giving ready attention to the in- structions and commands, New York pays a round sum for the support of her Police Department. The Superintendent expressed the pubitc sentiment when he says that any officer evineing a disposition to negiect his duty is unfit for his place; and he is right in announcing that be will expect the full co-operation of every indi- vidal in the jorce with hisendeavors to advance it to that high state of drill and-eflcency which the public have a right to expog BROOKLYN FRAUDS. The City Fathers Looking After the Interest of the Municipality—The Interest on City Bank Deposits—Comptroller Schroeder Wants Fire Commissioner McLaughlin to Pay Over $8,000—Bedford Avenue Improvement Job—Concerning $50,000 Interest—The At- lantie Avenue Re- paving Operation. Several matters of interest concerning the city fands, and looking to the recovery by the city of money alleged to be heid by certain parties, came up at the meeting of the Board of Aldermen yes- terday afternoon, INVESTIGATION OF ACCOUNTS, Maron's Orrice, Sept. 29, 1873. tHE Common Counct ~ 1e com Comptroller and Finarce Cou ferred the examination of the book: the condition ot a Ww! the city moneys are deposited, held a meetin on the 25th inst., when it was ‘resoived that the Mayor be instructed to communicate with the Common Couucil, asking that the suid committee Le empowered to send for persons aud papers; to the end tl ¢ investl- gation be made both searching and thoroush Suance of said resolution. [hereby respeetiully request that the power asked for be conterred on your commit tee. Respectfully submited. 8. 8. POWLL, Mayor. The authority sought was duly conferred, The Mayor also asked the Board to deal with Poundmas- ter Enmts, who had been suspended for allegeq irregularities, as justice may demand, The case was relerred to a special committee, INTEREST ON THE CITY'S BANK DEPOSITS, ComPTnoLien’s Orrick, BROOKLYN, Sept. 29, 1873, To tx HaNonanie TH Common Coonci.: GentLemen—in conformity with your resolution of the 15th inst, vi “Resolved, That the Comptroller be and he is hereby directed to report to this Board at its next meetng tiie amount of interest accrued upon the bank deposits of moneys belonging to the corporation down to September J, 187%, with a statement showing the amount and time upon and for which interest Was credited by each bank, and the amouat paid each, and upon what account. Thave to report that the information required by the resolution is notin my possession. the Treasurer at various times during the deiailea statement of interest received by from the banks, which, however, he refused to give; over the banks I could exercise no lawiul authority in this mat- ter. ‘The aggregate amounts of interest received by the city were reported by the Treasurer as tollows:— Interest on deposits since January |, 1873, credited by the City Treasurer , January, $39,246; 1862, July, $37.794; 1872, October, $16,154; 1875, January, $11,264; 1873 April guda4h; 1873, July, $21,678) 1873, August, $5,241. ‘otal, 12,730. Under the charter of this year the money deposits are under the control of the Commissioners the Sinking Fund, and the banks have been, by resol! of the Commissioners, xequaiced to furnish quarterly statements ot interest tothe Treasurer and Comptroil Respect fully submitved. F. A. SCHROEDER, Comptroller. ‘The communication was referred to the Finance Committee. I made a request on ear 1872 for a ABOUT THAT $8,000, GuxtLeMEN—Mr. Hugh McLaughlin, Commissioner of Fire and Buildings, and formerly ‘Treasurer ot the Fire Department, has collected and holds in his possession to-day over $8,000 of money belonging to the city. ‘This money was received’ by him during the last four years ‘fg interest on city moneys. iy demands that this money be paid over by hin to ity Treasurer he has Bald no attention; thereiore 1 now recommend that irection be given by your honorable body for instituting & suit to recover the amount so collected and retained. Respectiully submitted. F. A, SCHROEDER, Comptroller. In connection with this ‘gentle reminder” of the Comptrotier Alderman RICHARDSON offered the following :— Resolved, That the Corporation Counsel be directed to bring an action against Hugh McLaughlin, the Comiis- sioner of Fire and Buildings, for the recovery of the inoneys held by him belonging to the city. Alderman WyYLIE—I move to amend by including the moneys which have accrued as interest on the money for THE BEDFORD AVENUE IMPROVEMENT. Alderman KictaRpson—I don’t think it would be right to hold Mr. Hugh McLanghiin responsibie for the Bed:ord avenue improvement. What does he know about it? Alderman WYLIE—That’s too thin, Mr. President. Ithink the Corporation Counsel knows what his duties are, Alderman RicHarpson—Offer a resolution and say Whom you are aiming at, Alderman Wy.ie—Well, make it the Treasurer of the Bedford avenue Commission. Alderman RICHARDSON—Who Is he? Alderman WyLIe—Whoever drew the money. Alderman TayLor—Why, tne resolution as TR a now would direct the Corporation Coun- Be! . SUE MR. HUGH M’LAUGHLIN for the money which has accrued as interest on the appropriation for the Bedford avenue improve- ment. I would call Jor a division of the question, Alderman McGRoarry—rhe treasurer of this im- provement has had charge of two or three hundred thousand dollars for this improvement, and the city has never received auy interest on the money. 1 would move that it be referred to the Law Com- mittee for investigation, as 1 am not ready to vote to-day on the matter, Alderman WyLIE—I’m prepared to vote on this foray i’m ready to vote for the prosecution of Mr. McLaughlin or anybody else who retains from the city the moneys which belong to it. I am not here to screen guilty parties or cover up frauds, ‘the Alderman says he don’t know anything about tus Bedtord avenucimprovement. Well, it is thine be did, for some $200,000, and the interest on this sum, amounted to ‘ $40,000 OR $50,000, Certain parties have endeavored to conceal: and c@er up the management of this commission. This money belongs to the people on Bediord ave- nue, and | desire that my constituents stall have the benefit of this money, Imove that it be re- ferred to the Law Committee, with power to send for persons and papers. Aiter some further discussion the matter was re- Jerred to the Law Committee, THE ATLANTIO AVENUE PAVEMENT. A communication was received {rom the Board ot City Works setting forth that they haa entered into acontract with Themas McCann and G. Craw- ford tor the paving of Atlantic avenue, trom Henry to Bond street, with granite stone, instead ot re- pairing it with wood, The avenue was now paved with Nicholson pavement. There isa question as to whether this meant repairing or repaving. The Comptroller reiused to sanction the contract, in- asmuch as no bids had been advertised jor. The Commissioners asked permission to go on with the work, The matter was referred to the Grading and Paving Committee. KINGS COUNTY FRAUDS. Yo th The Penitentiary Improvement Inves- ligating Committee—The Workshop, Barn and Wall Job, There was another meeting yesterday afternoon ofthe Special Committee of the Board of Super- yisors, appointed in June last to investigate the charges preferred against the “Committee on Peni- tentiary,”’ to the effect that of the sum of $288,000 expended upon the building of the workshop, wali and barn at the Penitentiary $200,000 was paid out illegally. There were present Supervisor Dwight Johnson, who made the charges, and Supervisors Richards and Schenck. County Treasurer Gardner and Mr. Edward Cadiey, Clerk of the Board of Su- pervisors, were also on hand with their seconds, The Chairman, on calling the committee to order, read the Fesolution embracing the accusations, and asserted that the amount does not indicate the value of such improvements. The summer vaca- tion and sickness in his family had prevented him irom goimg on with the investigation, until now. The charges, he said, were of a very serious na- ture, and he would be ready to take the conse- quences, snould he fail to establish them. He pro- posed to-day to examine the records and the checks for the work periormed under the direction of the Penitentiary Committee, to whom, through courtesy, he had forwarded notices of the meeting, in order that they might be present, Supervisor RICHARDS remarked that Supervisor Schenck will not be able to attend the investiga- tion alter this session until October 15, as his pri- vate business would occupy his time. On and alter that day, however, he could make it conven- jent to attend from day to day right algng, and the committee could then comprehend the testi- mony ali the better by having it before them ina consecutive and connected manner. Supervisor Schenck said it would be more agreeabie tor him to attend the sessions on and after the 15th prox, ‘The CHAIRMAN said he could prove what ne de- sired to show then by the County lreasurer and Cierk, whereupon Mr, Schenck remarked that the charges are “irregularities.” Supervisor JouNson— then they are irregularities, and%hat $200,000 had been paid out without vouch- ers or Without the sanction of the Board of Super- visors aiterwards, As the committee could not see that any injury would accrue to the county by postpouement, they determined to adjourn to meet again Wednesday, Ocvober 15. THE DISTRICT ATTORNEY ADVISES THE SHERIFF. Sheriff Aras G. Willams was yesterday made the recipient of the following communication, ad- dressed oy the District Attorney to bt Ovvick ov THR Distaict Atiawey, Kings County, ) Roow No, 8, County Uourt House, Brooriyn, Sept. 24, 15/3. To tue Suenire or Kinos County :— Dean Sin—It having been charged that grave trregu- larities have occurred in the discharge of Prisoners c he Co mitted to ‘ounty Jail by Justices in this city and county, I beg leave to advise you that no Justice has the power to discharge a prisomer commiyed for the gon- ayinent of # fluc unless auch One is actually paid; and we leave tw request you not to discharge any such * order directing stich discharge ex- states that such dine has been And I further nd tarnish me oners so whom ai discharged fine impoved in each case. b ‘ft Very respectfully, WINCHESTSK BRITTON, District Attorney. Heretotore |; has been customary to prigongrs unoo a order (rom Jysticgs of to that effect. The Justices will now be required to certily the flae has been paid before they can ask to have a prisoner released. ‘The fines received from prisoners by the Sherif during the month of September amount to about $500. This new order will swell the citv revenue somewhat, it 1s antici- pated, for the future, PURRY’S FUND FINISHED. Ex-Street Commissioner Furey during his official verm was designated by law toreceive moneys paid for soe aed of property sold for taxes in the old city of Williamsburg. Yesterday he addressed the subjoined note to the City Treasurer, turning over the balance on hand:— OunxincHam, Esa., City Troasurer :— Dear Sik—Having notified and given bonds to the late City Treasurer for money held vy ne known as redem) tion money, paid into the late Rtreet, Dep: nt, sald money to be returned to owners cr cl ants, | have con- cludea not to give any more bonds, but to hand over to Ri ee E EN Ae mounting to y "1 Tam, yours, ROBERT FUREY. THE CENTENNIAL BUILDING. ‘The Plan for the Mammoth Structure To Be De- cided Upon on Wednesday—The Question of Cost—Shall It Be a Cheap and Inconvenient Building? PHILADELPHIA, Sept. 29, 1873. The time for selecting the plan for the great building for the American Centennial Ex- position is at hand, The Board of Archi- tecture meet on Wednesday, and its mem- bers will probably make no announcement for @ week or so yet to come. It will be remem- bered that bya very happy management instituted at the outset the numberof designs has been re- duced to ten, The circular and semi-circular plans have already been subject to such earnest praise, and at Paris one of these forms was used with such complete success, that there can be bui little doubt the design finally decided upon will incorporate all the ideas of the circle or semi-circle, while the demand fora permanent Memorial Hall in the American structure renders it almost certain that the latter will be held in the highest favor. It is useless for me to state the great import of the Meeting about to convene, or to refer even briefly to the anxiety with which the decision will be awaited by the people. I have aiready furnished the HERALD with letters from the manufacturing interests of Edinburgt, Lyons, Manchester and Vienna, each of which» set forth earnest applica- tion for space. In consideration of these it 18 evident that foreign Powers will also await the issue of the next ten days with no little solicivude, and upon the excellence of the con- struction of the building, its durability and its power to remain unaffected by any semen her condition for mouths and months, depends entire the magnitude of foreign represen- tation. In the Hnglisn department of the Vienna Exposition the main attraction, directly at the entrance, is an immense case, for the construction or which was expended the sum of $10,000, and within which Bailey, Titlany and two or three other American jewellers could be promiscuously thrown in with but very little dimiculty. The con- tents of this case are of almost Jabulots value, and yet they were willingly offered, because’ the security of the building insured their protection and salety. Irefer to this because America cannot hope to bring to her Exposition a@ brilliant and lively for- eign competition unless she first secures their trust and confidence by erecting a structure admirable in all its appointments, and, to a very great meas- ure, regardless of expense. Therciore, in the de- liberation soon to open, | would earnestly impress upon the gentlemen who compose the Board that too rigid economy in @ national undertaking may end in national failure and disaster, and that with- out the best possible structure the exhibition itself can never be made first class, There is @ natural tendency, which seems to be @ part of every man, to turn away from an expen- sive article, especially when beside it is shown another urticle which apparently will iuifil the same.purpose, abd which can be secured at a great deal less expense. Hence the Board may act in this manner, and cast aside a plan which invoives an expense of ten or twelve miliions for one which couid be constructed for five or six. Any such proceedure in,this, however, I feel sure would compromise the trust reposéd in them, ‘would arouse the indignation of the press, would dampen the national enthusiasm and ruin the whole un- dertaking; for there is no reason why the building should not cost twenty millions if it is necessary, It is impossible to regulate the expense of the American Fair by any statisti- cal reports of the expenses incurred at Vienna. Every international exhibition ever held has always. greatly exceeded its predecessor in both its magal- tude and expense; hence it 18 better to begin right, and to start with a building large enough for all exhibitors, rather than finally disfigure the symmetry of the ortgimal structure by rude, hasty and unsatisfactory additions, as has Been the case at Vienna. The pians will all be handed in to-morrow. Most of them are entirely unlike those submitted before, and will be kept a the eyes of the public until the decision finally rendered, when all will be placed upon public exhil tion. The Board, in’ order to familiarize itself with all the detail of Vienna, have had com- nfissions constantly there, and now withdraw them to ascertain their views, which must have a very great influence in the direction of the final decision. It is periectly safe to say that no such ten plans have ever betore been presented to any committee, and the rare and remarkable excel- ience of each will render the selection of any par- ticular one a task of tne greatest dimiculty. The desicns cannot be minutely examined, as they will have to be, ina day, On the contrary, it seems to ine to he impossibie for this board to make any an- nouncement before the expiration of twelve or fil- teen days, and | sincerely hope that while the board 18 in Session that its members may be spared froin the ignorant and ill-timed conciusions of a poorty posted press. Imake this remark because, at the Jast meeting of the Board, several New York jour- nals, without any authority whatever, pretended to anticipate its decision, and trom time to time made announcements that this, that and the other plan bad met the favor of the committee, when, in reality. the Board imd at this time made no deci- sion ot all. The Committee upon Plans and Architecture is made up of the following prominent men :— Alfred T, Goshorn... William Henry Parsons Orestes Cleveland Asa Packer... Ezekiel A. Straw. James E. Dexter. Robert H. Lamborn. ng ‘These persons assume the entire responsibility of the decision, and after they tiave once convened cannot be Influenced by any external pressure, no matter how great it may be or from what quarter it may proceed. Hence no one will have any means Oi ascertaining what is going on in this Board, for its sessions will be held behind cioged doors. Let the board remember, however, that the eyes of the entire world are turned upon them, and that the success of the exhibition depends almost entirely upon the extent to which it will furnish accommodation for the representation of ioreign manufacture. BROOKLYN'S PIPTH BRIGADE, Field Day at Prospect Park Parade Grounds, The Fifth brigade, Second division, of the National Guard, paraded yesterday in all the pomp and pride of circumstance admissible upon such state occasions as the annual Field Day, in these “piping times of peace.” Early in the morning the “boys in blue” and other shades of uniform as- sembied at their respective armories, with ren polished equipments and arms, and fellinto line with all the vim of veterans, when the drum corps and fife major sounded tne notes of com- mand for that movement. ten o'clock there were to be seen marching, in fair order, the Thirteenth regiment, the Fourteenth (of war rec- pote the Twenty-eignth, the Fifteenth battalton— each organization wending its way by divers routes tofthe parade ground, Up went the windows as the martial strains of music penetrated the crevices and out b geno bright-eyed and cheery-faced women and children, while none were too busy to throw an approving glance upon the gecaty bearing of the citizen soldiery, if one might for moment escape the imputation of invidious distinction in accordin, praise or criticism to any one particular command, ‘the palm would be awarded the Fourteenth regt- ment, who, tn their blue uniforms and red facings, marching With commendabie precision and offl- cered by Many one-armed veterans of the war tor the Union, deservedly engrossed the highest share of popwar admiration. On reaching the rendezvous, Prospect Park Parade Ground, “a rest’? was enjoyed, afier which the boys were exercised in the evolutions of tne schoo! of the company and battalion drill, This lasted unt noon, when dinner was partaken of witharelish. There were several hundred spec- tators on the ground in the Jorenoon, but the nui ber Was augmented by handreds as the day wore on, From ball-past two o'clock until tour @’clock the Filth brigade, ander General Thomas 5. Dak- ing, Who Was assisted by a dashii Start, was drilled and reviewed. The dress parade was par- ticularly ine, and much credit is due the men for their actention to the commands of their officers, an example worthy of emulation by the Eleventh, 0! New York. FIRE IN TRENTON, At half-past two o’clock yesterday morning a fire broke out in the woollen and stocking factory William H. Seack, situated in Federal street, Tren- ton, and close to the State Prison, which caused a damage of $15,000, The building and stock aro insured for $4,000 and the machinery for $6,000, The jactory gave employment to sixty Women and girls tuside and ninety outside. All of these peopic Will now suffer more or less in consequence of the _ pu is psn aoe to be the work aad incendiary, ie Fire Departments were op aud sendered valuable services, su i came aceite ama atelectasis a ey team nineteen eee ere pert ee Eee ap tee eC a LT TL LE LL AD [ im attendance, and in tne corner of the room set | the world notice of the change of title. The jury WESTCHESTER COUNTY POLITIC. PALE RS Shs The Vacancies To Be Filled and the Aspirants for- Political Fame—A Lively Contest in Prospect for the State Senatorship—The Triennial Seramble for the Local Spoils of Office—The Probable Re- sults of Annexation. In view of the approaching fall elections, bp claims of rival candidates, who are ambitious o serving the people in positions of legislative and local importance, are just now being strenuously urged in Westchester county, to the exclusion ot almost every other topic, whether State or national, By far the most important vacancy to be filled, and’ which should equally interest the counties of Rock- land and Putnam, 1s that of State Senator for the Ninth Senatorial district. As the election of & United States Senator will devolve upon the next Legislature the contest for seats in the council chambers of the State will most probably be & stubborn one. The question as to who shall receive the Senatorial nomination-on the democratic side seems to have settled down between William Cauldwell, of Morrisania, and Stephen S. Marshall, of White Plains, When it is stated that the former hag already been twice elected to the State Senate and that the last named candidate nas sipped the sweets of office as County Register for three suc- cessive terms, it may readily be inferred that uel- ther can condistently charge their party with in- gratitude towards them. Indeed, not only was Mr. Cauldwell twice CROWNED WITH SENATORIAL HONORS by the democracy of the district indicated, bat he: again received the nomination in 1871, when he was defeated by nearly 7,000 votes. As the friends of each candidate are determined to “know no. such word as fail,” a lively time may be” expected, especially in the Free Lager Brigade, until alter the Senatorial convention has been held, it may be stated here, nowever, that allof the district: conventions have chosen their delegates, nearly three-quarters of whom are pledged to support Marshal Apropos of the rivalry between two’ Westchester aspirants, it is asserted by shrewd politicians that the success of the democratic ticket in the coming election demands that the nomination should be given to Rock~ land county, which, although always hand~ somely supporting the ticket, has been cajoled out of it for the past twenty years. On the republican side the candidates for Senatorial dis- unction are William H, Robertson, the present in- cumbent, and George A. Brandreta, of Ossining, jormerly member o: Assembly from the Third dis- trict. As it is well understoood that Judge Robert- son still entertains an affectionate REGARD FGR THE EXKCUTIVE CHAIR at Albany, it is not unlikely that he will withdraw trom the Senatorial contest in favor of his more youthful and less experienced competitor, There are those who affect to believe, however, that so long as the only surviving member of aonce puissant political trio at Albany con- tinues to exist the astute ex-Congressman will have to content himself with other than guberna~ torial honors at the hands of his party. The three most important local ofices to be filled are those of Sherilf, County Clerk and Regtster; al- though, if the towns of Morrisania, West Farms and Kingsbridge are sliced otf by the annexation project, the shrievalty, in a point of lucrativeness, wilt dwindle to one-half of its present proportions. Out of the five or six ASPIRANTS FOR THE SHERIFF'S OFFICE, among the democracy the only two who at present possess about equal chances for the nomi~ nation are Henry C. Nelson, of Ossining (ex-mem- ber of Assembly, and more recently Agent and Warden of Sing Sing Prison) and John Bussing, of West Farms, who has scrupulously obeyed the statute in retiring trom the office for three years | before again announcing his desire to serve the people as Sheruf for another term. The principle ot rotation in office is not quite extinct, however, in Westchester, which, together with the charge that Bussing, when Sheri betore, gave the legal patronage of his office outside of the democratio purty, are not calculated to aid him materially in. the County Convention. For the office of County Clerk three candidates are alreddy on the list, viz.:—J. Malcolm Smgh, the presentincumbent, John M. Rowell, Assistant County Treasurer, and Charles E. Johnson, Clerk to the Board of Supervisors, The first-named can- didate, being in possession, is tooked upon a hav- ing “the pole” in the race. James M. Bard,. the present County Register, is spoken of as a candidate for re-election without any apparent opposition irom his democratic) side of the political house. On the part of the republicans the nominations for the three county offices named are simply made to keep up the organization, as they have failed to elect a candidate to either one of them during the past ten or twelve years. Should the annexation scheme be consummated, however, the now dominant party may with reason exclaim, “Parewell, a long: iare well’ to office holding, as the. democratic stronghold will have been lost to it for- ever, leaving the remainder of the county hope- jessly in the hands of the republicans, DEMOCRATIC UNION GENERAL COMMITTEE. ES Ss All Democratic Elements To Be Com= bined—Who is to Biame for the Late Panic—The Republican Party Are raigned on Charges. This political organization assembled last even- ing at Masonic Hall, in Thirteentu street, presided over by Mr. Robert B, Roosevelt, ex-member of Congress, On calling the meeting to order, the Chairman stated ‘‘that be had heard a strong effort. is being made now to unite the democracy of this city and State, and this highly desirable object would, no doubt, be accomplished to-day at the State Convention held at Utica. While this organization was fighting corruption in the democratic ranks its mission was duly appreciated by the public. Now, however, there is more corruption among the republican party, and it 1s high time that this body combine in solid pha- lanx and, under the banner of a united democracy endeavor to purify the latter and make war on corrupt republicanism. This organization does not beliove in any one or two men power, but only acknowledges the ruling of the people. Every- thing looks bright and cheerful, and if the demo- cratic party is true to itsel! it will certainly achieve @ proud success at the next election. ‘We shall demand a hearing as well as representa- tion at Utica, and the dominant party in the Con- vention can have no cause for excluding this As- sociation. They will need our votes and be glad to obtain them on election day, and unless fally united it will be hard work for the democracy to carry the same, Every district is fully organized and in good condition, and the Democratic Union has but to unite witu the other branches of th democratic party and work together in harmony. The address of Mr. Roosevelt was very temperate, well conceived and frequently applauded. Some little time was cousumed in calling for cre- dentials of members from various districts. This settied, Thomas Cooper Campbell, one of the secre- taries, offered a series of resolutions, the tenor of which was to the effect that the republican part; was guilty of the grossest corruption, to be blame: jor the inflation of the currency, financial crim and blunders, and the government was connection with parties in London as agents who proved unworthy of their trust. It was time to raise the standard of democracy against republicanism. The resolutions further charged upon the republican party that bi had control of the government for twelve years past has perverted that power in misruling “our’ Southern brethren, subjected them to acts of de: potigm and placed ignorant and @ recent enfran- chised race to rule over their destinies, The gov- ernment was fast verging on centralization; cor- ruption was manifest in everything, even at the Bott Fair in Vienna, on the part of the adminis- ration. D. C, BIRDSALL seconded the resolution und de- livered a diatribe 01 abuse on the republican party in general, and President Grant in particular, He favored running but one democratic ticket, and Whether the delegation from this committee was admitted or not, he understood that the nominees of to-day’a Convention would be bog eer by the adherents of the Democratic Union Gen- eral Committee, He was toid by Reverdy Johnson that the latter was telegraphed for by President Grant during the recent panic, and consulted as to whether he (the President) had the power to draw on the Treasury reserve of $44,000,000, now in the hands of the United States Treasurer. Mr, Johnson said that the Chief Magistrate had th pores to save his country by any strong meal ut General Grant, the speaker continued, tacke: the courage to execute the advice given him by the great veteran democratic statesman. The panic is not yet past, nor will it be over until the democratic party again assumes the reins of gov~ ernment. A resolution offered concerning reform and re- form movements elicited considerable merriment by the remarks of a jolly delegate who paid his respects to Andrew H. Green, Com ler, and im @ humorous Manner unmasked the ineMciency of the city’s fiscal agent, He thought the task of the latest reform shriekers should left to Brother Foley, who is gone lively’ for the corruptionists not only in the Comptroiler’s but other ofices, Messrs, Birdsall, Savage, Page, McAlleer and Goiding were appointed & committee to whom must be referred ali resolutions offered, who are to report thereon to the General Committee anu lay them before the latter for adjudication if found correct. Agreat deal more speaking occurred, but was “stale and unprofitable,” atter which the meeung adjourned, (the in 'wenty-one delegates to the convention left: Jast night for Dtigor