The New York Herald Newspaper, October 17, 1873, Page 5

the Matter, Hoad Bank vs, Mol THE CouRTS. THE CASE OF GEORGE B, GRINNELL & CO, They File a Petition to Have Themselves De- cared Bankrepts—The Debts of the Firm Estimated at $19,000,000— Securities at $11,000,000, CUSINESS IN THE OTHER COURTS. Another Bill for Surveyor’s Fees—The Case of Johnstone, One of the Alleged Wall Street Forgers—Decisions. Judge Robinson, of the Court of Common Pleas, In deciding yesterday a mandamus application against the Comptroller, the particulars of which will be found in to-day’s law reports, held that tne audit by the Board of Supervisors of claims against the county is final and conclusive. As he inter- prets the law, the duties of the County Auditor and Comptroller are in this regard simply executive. At length the Stemmiler-Maguire suit, after nearly four years” litigation, has ended, and witha verdict in favor of the plamtim, Judge Maguire, however, is not inclined to give up quite yet his Civil judgeship, and, immedtately on the rendition yesterday of the verdict against him, moved for a new trial, Judge Van Bunt, who sat at the trial, granted the motion and will hear the argument on next Wednesday. John Carr, a fireman in the Custom House, was committed yesterday by Commissioner Shields to await the action of the Grand Jury on a charge of having stolen, from the office of the Surveyor of the Port, certain printed forms and blanks used in regard to the landing and bonding of imported goods. W. Wirt Hewitt, counsel for Clement N. Rutter, obtained judgment yesterday in the Supreme Court against James W. Johnstone, now a prisoner in the Tombs, for complicity in the Wall street forgeries of last July, for the sum of $10,150. The attaeh- ment against Johnstone’s property gave the fol- lowing result:—$6,000 in the hands of the Sheriff, which was paid over, having been found upon his person when arrested, and the sum of $2,600, de- posited by Johnstone in the Bowery and Nassau Savings banks, making together $8,600, against the $10,150 which Rutter had been defrauded of by his purchase of Buifalo, New York and Erie bonds, In the Court of General Segsions yesterday Thomas McMahon was tried upon a charge of stealing $29 from George Northrop’s lager beer saloon, in Harlem. The jury disagreed and the defendant was discharged on his own recognizance. GEORGE B. GRINNELL & C0, —+—____ They File a Petition to Have Theme selves Deelared Bankrupts—Their Debts Estimated at About $12,000,000, and Securities at $11,000,000, In the United States District Court yesterday, Messrs. Martin and Smith, solicitors, acting on be- ualf of George Bird Grinnell and Joseph ©, Wil- liams, filed a voluntary petition asking that Grin- nell & Williams be declared voluntary bankrupts. The principal allegations in the petition are to the following effect :— That George B, Grinnell, George Bird Grinnell and Joseph C. Williams were copartners in the ad partnership of George B. Grinnell & Co,; at this partnership was dissolved on the ist of September, in the present year; that George Bird Grinnell and Joseph C, Willlams were the general perwers. in the limited partnership of George Bird rinnell & Co., which was formed on September 1, 1873, and still continues; that the several members of the said copartnersnip are not able to pay their debts in full; and that they are willing to sur- render, for the benetit of their creditors, all their partnership and individual estates and effects, and desire to take the benefit of the Bankruptcy act. To this petition is apnended a statement or Schedule, setting forth the debts of the firm and the securities for the same, with their estimated values. When the petition was filed great interest was maniiested by those who happened to be in the Bankruptcy office at the time to examine the voluminous paper—so much so that all could oh at the same moment, be favored with a carefu peroa) of the document. It appears that the lebts of the firm, as stated in the schedule, reach the large amount of al 12,300,000, and that the value of the securities is estimated at between $10,000,000 and $11,000,000. Among the creditors are Blake Brothers & Co. The Citizens’ Insurance Company, The United States Trust pomeeny The National Commercial Bank of Albany, 11 hemical National Kank, The National Trust Company, Marshal 0. Roberta, Ol- cott'& Company, The Pacific National Bank, The Broadway Bank, The Stuyvesant Bank, L. Von Hoffman & Co., Brown Brothers & Co. and several others. One debit to the Broadway Bank, to the amount of $150,000, is secured by collaterals valued at Following the usual practice of the Court, this petition was at once referred to M. Henry Wilder Allen, Register in Bankruptcy, No. 162 Broadway, who will proceed to take all the proois and testi- mony in connection with this case. BUSINESS IN THE OTHER COURTS, SUPREME COURT—TRIAL TERM—PART 2. End of the Stemmier-Maguire Suit—Verdict for Stemmler, Before Judge Van Brunt. The Stemmler-Maguire suit, which has been in progress for several: days, resilted in @ verdict being given yesterday for the piaintif As is well known, in the charter election of 1869 Mr. Stemmler and Mr. Maguire were rival candidates for the Judgeship in the Seventh Civil Judicial dis- trict, and the latter was returned elected, and has ever since been presiding as Judge in this district. Mr. Stemmier claimed that he was wrongfully “counted out.” and to get satisfaction resorted to suit with the result given above, The testimony ‘was pretty much a repetition of that given in the suit brought by Mr, Murray to oust Judge Coulter from his position as Police Judge. The matter, of course, was one mainly of local interest, but there was sharp and pertinacious Pome! on both sides and good fighting lawyers, . Stemmler’s coun- sel being Messrs. N. J. Waterbury and ex-Judge Fullerton, aud Mesers, Eldridge T. berry, A. J. Van- derpoel and William A. Beach appearing for Mr. Maguire. After receiving the verdict, a motion ‘was made for a new trial, and the same set down ‘or argument on Wednesday next, SUPREME COURT—CHAMBERS, Another Bill for Surveyor’: Before Judge Fancher, A good share of this Court’s time yesterday was consumed in discussing the application fora per- emptory mandamus against the Comptroller on be- half of John A. Bagley, a city surveyor. The bill in question amounts to $1,178 63, Mr. Dexter A, Hawkins pursued the same line of argument as on the previous day in the case of the Surveyor, Mr. Edward Boyle. He claimed that there was no Money in the Comptroller's hands from which to ay it and that the proper remedy was by an ac+ ion against the city, ¢ stated, further, that during the past five years there hud been paid to Mt. Bagley $51,723 68 for surveys far the city, and that the overcharges in these cases the Comptrol- ler desired to present a6 an ofxet to the present claim. Mr. T. C. Buckley made the principal argu- ment in opposition. He gave a most thorough and aes cites OF tek ane all the legal points involved, ito papers. ‘Sument Judge Fancher took Reduction of Oscar Ktte's Bail. In the case of Oscar Ette, the photographer who shot Henry Waltholtz én the Bowery some two weeks ago, Mr, William T, Howe, his o yesterday that the bail which had een dzeaee $10,000, be reduced to $5,000. Mr. fowe having auececded in satisiying Judge Fancher that the reductiom was proper and just, the application was Biante Decisions. Ty Judge Fancher. Seed va. Seed.—-Report confirmed and judgrent of divorce granted; custody of children awarded ” the aa if Applet Pind if n the Matter, &c., of Appleton.—Pincing of jur; confirmed and ‘owick granted appoluting a cone o Bowery National Bank vs, Finoke and Othems,— ‘The platntiits may hive an order permitting tiem t serve the supplemental complaint in five days On payment of $10 cos! ao this motion, the deiend- ants to have twenty days.to answer the saine, he Mati , of Kdgerton va. Brown—Bull’s eetors—Qoiln vs, Harris ob d= Fees. NEW YORK HERALD, FRIDAY, OCTOBER 17, 1878 —TKLPLE SHEET. Mulect ys. Continental Life insurance COmpany.— Orders granted, SUPERIOR GOURT—2PECIAL TEAM. Decisions, By Judge Van Vorst. ‘Wemyss va. Partington et al.—Motion denied. Cartwright vs. Woods.—Inquest set aside and cause restored to the calendar on the payment of costs ol motion, (see memoranduin.) Hiffelsheimer vs. Fladderiman.—Motion granted on terms. Bernbaum vs, Levy et al.—Motion granted, haphael vs, Leopold,—Order sending action to Marine Court tor trial. COUNT OF COMMON PLEAS—SPECIAL TERM. Duty of the Auditor and Comptroller as to Claims Against the County. Before Judge Robinson, Several days since application wag made in this Court for a peremptory mandamus against the Comptroller, directing him to pay $6,927 to Martin B. Brown for stationery furnished the city. In & decision given yesteraay Judge Robinson ordered aperemptory writ to issue for all except $2,532, for the payment of which $350 only remained in the city treasury, and in reference to this portion of the bill he granted an alternative mandamus. Tn his opinion fhe Judge holds that the audit and approval of the Board of Supervisors are conciu- sive in claims of this character, and that they are subject to a reviewal by the County Auditor and Compirolier, Theduty Of those oficials, he says, is simply the examination and allowance of vouchers in support of the claims, Decision: By Judge Robinson, Benner ys. Adams.—Motion denied, with $10 atB 0! Day va, Stone.—Demurrer overruled, with leave to answer on usual terms. In the Matter, &c., of Brown vs. Green.—Per- emptory writ allowed, except us to claim of $2,632 $9, as to which alternate mandamus shouid issue, By Judge J. F. Daly. Terry vs. Young.—Motion denied. Engert vs. Schlaeter.—Order settled, By Judge Larremore, Bays vs. Rogers.—Amendments allowed and case settied in coniormity therewith, Pinto vs. Comstock.—Judgment of foreclosure and sale granted. Lorber vs. Helldorpen.—Reference granted to pass accounts of receiver. COURT CALENDARS—THIS DAY. SUPREME CouRT—CHAMBERS—Held vy, Judge Fan- cher.— Nos. 87, 124, 127, 135, 186, 158, 159, 160, 208, 214, 222, 275, 226, 230, 238. Gall 239, SUPREM# COURT—GBNERAL TERM.—Adjourned un- til Monday. SurkeMé CourT—SPzc1aL TERM.—Adjourned until ve Surrsue CovrT—Circurr—Part 1.—Oyer and Ter- mtner business. Part 2—Short Cause.—Nos. 2344, 2002, 2294, 2454, 261234, 2564, 2572, 2608, 2610, 2632, 2706, 2742, 1676, 1748, 2146, 2220, 2296, 2652, 2716, 2740, 2746, 2752, 2768, 2824, 2834, 2868, 2900, 2026, 2066, 2968, 8012, 3028, 8044. SUPERIOR CourT—Part 1—Held by Judge Bar- bour—Short Cause.—Nos. 649, 920, 1001, 907, 974, 961, 1134, 114: 1107, 1111, 1187, 1122, 1131, 1199, 886, 1093, 1153, 1226, 1086, 1195, 1196, 1200, 1163, 1146, 1044, 1167, 1089, Part 2—Hela by Judge Freed- man.—Nos, 698, 39034, 566, 652, 650, 470, 748, 750, 752, 764, 756, 758, 760, 764, 766, Court OF COMMON PLEAS—TRIAL TERM—Part 1— Held by Judge ©, P. Daly.—Nos. 570, 39, 832, 68, 2011, 2012, ‘2424, 2425, 2426, 2427, 2428, 2430, art 2—Held by Judge Loew.—Nos. 1969, ela ath 186, 1660, MALL, 2412, 2418, 2414, 2416, 2417, Court or CoMMON PLEAS—Equity TeRM—Held by Judge J. F, Daly.—Nos. 15, 76, 29, 57, 88, 72. MARINE CourT—Part 1—Held by Judge Gross.— Nos, 2984, 8034, 2651, 2667, 2536, 2099, 2966, 2406, 2882, 2659, 2426, 2601, 2836, 2300, Saaene Part. 2—Held by Judge Howland,—Nos, $369, 277 2089, 2653, 2635, 2743, 2775, 2838, 2839, 3120, 2878, 2875, 2877, 2397, 2881. Part 3—Held by Judge &paulding.2727, 2752, 2902, a so 2837, 2656, 3120, 3187, 3188, 3191, 2898, 2970, Court OF GENERAL SEssions—Held by Recorder Hackett.—The People va, coe Burner, assault and battery; Same vs. Edward Roach, assault and battery; Same vs. Peter Monaghan, assault and battery; Same vs. John Thomas, assault and bat- tery: Same vs. Jeremiah Johnson, assault and battery; Same vs. James Hyland, assault and bat- tery; Same vs. Valentine Raub, assault and battery ; Same vs. Helena Sohns and Peter Sohns, assaule aud battery; Same vs. William Hunter, assault and battery; Same vs. Adam Bechteld, assault and bat tery; ame vs. Edward Bott, assault and battery; Same vs, Edward Horan, assault and battery; Same vs. William Regarsberg, assault and battery; Same me VS. x . Martin Churchill, assault and battery; jamuel 5. Cox, assault and battery; Same vs. Stephen Meyer, assault and battery; Same vs. Mary McCormack, assault and battery; Same vs. Joseph O’Brien, assault and battery; Same vs. Pat- rick O'Donnell, assault and battery; Same vs, John Barrett, assault and battery; me vs. Adolph Hermback, grand larceny and receiving stolen oods; Same vs, Johannes Jahn and Clemens B, aumgartner, grand larceny; Same vs. William Meyersand Joseph Hoffman, I grees larceny; Same vs. Thomas, Robinson, grand larceny; Same ys. Charles F. Feller, petit larceny; Saine vs. John Becker, false pretence; Same vs. Thomas Carroll concealed weapons ; Same vs, John White, conceale weapons; Same vs. William Hyland, Michael Fitz- gerald and John.Kilroe, assault and battery; Same vs. Michael J. Gearty, assault and battery ; Same vs. James C. Daly, assault and battery; Same vs. Mor- man Fountain, assault and battery; Same vs. Pat- rick Smith, assault and battery. ART MATTERS. Pictures at Moore's. Mr. R. E. Moore, at No, 31 Union square, is one of those brisk dealers in pictures who have already well begun the art season of 1873-4, For the past few weeks a number of excellent pictures by American artists have been accumulating at his rooms, and in the course of another fortnight there will be fresh accessions, Among those now on hand is a@ cattle piece by Mr. James M. Hart, entitled ‘The Morning Rest.” A number of cattle which have Just had their first meal are taking their ease In @ meadow, and in various positions, indicating different degrecs of bovine luxurious- ness, preserve that meditative aspect for which as a genus, they are remarkable. Inthe grouping of these cattle andin the naturalness and ease with which a variety of recumbent positions is preserved are visible the aims of Mr. Hart's studies during the past few months on Long Island. He has almost lived among cattle, and has taken more pains to master their occult speech than the average explorer of dead lan- guages takes to domesticate himself among Latin, and Hebrew and Greck. Work equally valuable has been contributed by Mr. Wiillam Hart, and in “Lake Geo! near Hague,” is discernible one of the richest ‘its of his affluent and gorgeous palette, It is an autumnal multum tn parvo— an ‘expression of those magnificent com- binations of color for wh:ch no American artist has won greater or more deserved celebrity than Mr. William Hart. Then there is a picture by 8.R. Gifford, which at once rivets attention. The locality whence the points for the picture: were taken is the Clove, among the Catskills, The sense or Perynains, sunlight is deliciously warm and olden, and the radiant atmospheric film which embles above the green acclivities and sombre gorges is as delicate as “breath melting into air,’’ award Moran has @ fine marine representative of “Early Morning at Sea.” Here we have re tist the quality of whose talent is so well and widely understood that any lengthened reference toeven a new work is almost superfiuous, In the present picture his design has been to ex- pre She ‘svete pe peter ‘oy the c when the young, and i shifts the ships across her bosom like flashing mes- sages. The artist has indicated what may be termed the seli-consciousness of the sea ‘delighting in its omnipotence. A less ambitious production by the same artist is “Sunset in New in which he has very successfully ject which, in spite of its potentialities, too man: ‘artists would have treated prosaically, The distri- bution of vessels in the distance is very skilful) effected, and the fishiug boats in the foreground are enveloped in @ strong yellow light, which ex- cludes a sense of coarse conventionaitties, Miss Z. A. Jennings, of Pittsburg, has sent several water-color drawing of flowers, and especially of autumn foliage, Which, are among the best of the kind we have recently seen, though not remark- able for ingenuity of grouping. Finally, Mr. Morston Ream displays an exquisitely painted fruit piece, in which the bloom otf the grape, the velvet of the peach and fhe rich sheen of the pear are reproduced witu very unusual fidelity, Art Books To-Day at Leavitt's, To-day and to-morrow @ number of art books will be disposed of at auction at Clinton Hall. Among the more salient features of the collection are Audabon’s ‘Birds and Quadrupeds,” Hogarth’s Works, Gilray’s Works, Pennant’s “Antiquarian and Picturesque pour Macklin’s Bible, Stod- hard’a Plates, Aldine Poets and Kinden’s Royal Gallery of Art,” India proois, &c. DANGBROUS EXCAVATIONS. Caution to Builders and Contractors. Yesterday afternoon Coroner Keenan held an inquest at bis office, No. 40 Hast Houston street, in the case of Patrick J, Mctiugh, late of 177 Kast Broadway, whose deao resulted from injuries. re- Ceived on the night of the Jst inst. by falling into the excavation for a new bawling corner of Cort- landt and New Church streets, che place being very dangerons to persons having occasion to pase re those in charge 0! properly protectii the said excavation,” De- ceased Wi and i a ras twenty-Gye years of age J born in ——- STOKES’ THIRD TRIAL. Continuation of Testimony for the Prosecution. THE OLD STORY TOLD OVER AGAIN, The Prosecution Likely to Rest To-Day. ‘There was nothing new elicited in the progress of the trial of Stokes yesterday. It came out in evidence, however, that Mrs. Fisk’s secretary gave the hall boys Redmond and Hart $50 each after the second trial. What particular bearing this may have or may be intended to have on the result will only be seen by the use defendant's counsel may make of it in the summing up. The attendance yesterday was larger than en the former trials, several ladies having seats within the bar en- ciosure, Stokes is golng through this (his third) ordeal with his usual firmness and seeming con- solousness of coming out all right. The witnesses are not subjected to the weary cross-cxamination of the other trials, both the prosecution and the defence confining themselves to the more salient points of the testimony for and against the prisoner, Proceedings Yesterday, ~ The first witness called was THE HALL BOY, THOMAS HART, ‘who was cross-examined for the defence. Witness pointed out the place on the diagram where he observed Stokes make @ motion as if throwing something into parlor No. 217 with bis right hand, just alter the shooting. The witnesa gave his testimony with an air free from embar- rassment, and displayed no hesitancy in replying to counsel, though the cross-examination was un- usually severe and searching. Witnesy—At the time of the firing Fisk was about half way up to the landing of the ladies’ staircase; Stokes was about seven steps apart from Fisk when he shot him; do not rembember having sworn before the Coroner that only three steps intervened between them; it was light enough at the time for me to see quite distinctly; Thad a towel in my hand and was standing on a ladder, wiping the dust off the fanlight at the bot- tom of the stairs when Fisk entered; I now re- member having sworn that only four steps sepa- rated the two men; I could not see exactly ifit was four or eight steps;I know Mrs, Fisk; have not seen her since 1 became a witness in this case; I Iknow the firm of Osborn & Chapin, bankers, and went over to their office to get a situation froma gentleman; Ido not know who it was that furnished the witness Redmond and myself with better provisions than the other inmates of the House of Detention received; Idid say that Mr, Fisk had been im the habit of visiting the hotel; I think thatI mighthave seen Stokes at the hotel before the day of the shooting; Fisk was in the act oi crossing from one side of the staircase to the other when he was shot; no person jurnished the suit of clothes I wear; I bought it myself with my own money; Stokes was very excited and pale r the shoot- ing; think he wore gloves when he fired, but do not know if he hada cane in his hand; I never saw any pistol; I received $50 from Mr. Clark, Mrs. ’a private secretary, after the second trial, when the conviction was had; Ireceived the money at the New York Hotei, a Mr. Fisk’s former managing agent having sent me there to see Mr. Clark; Mr. Comer said that I might get a situation at the New York Hotel, By the District Attorney—Were you asked these questions on the former trial? A. Yes, sir. Mr. Tremain objected to the question, on the ground ot immateriality. Objection overruled and exception taken. Mr. Tremain wanted it understood that evidence heard on the former trials was not competent evi- dence on this one. He excepted to the decision. The witness stated that he made an affidavit be- fore the Coroner and another at the station house on the night of the murder. Objected and mayer. that the answer be stricken out, Motion jenier To the District Attorney—I was confined in the House of Detentien until alter the second trial and then discharged; the table I ate at was in the same room with the other immates, but separate; the Court made me an allowance of money with which I bought my clothes; agide from this the $50 given me by Mr, Clark was all the money I received dur- ing the time I was retained as a witness in the case. To Mr. Tremain—After Stokes was convicted some strangers in the House of Detention told me I had better go to Mr, Smith, in the same bulidlng with Osborn & Chapin, and get a situation: I don’ know who the persons were who told me, JOHN REDMOND ON THE STAND. John T. Redmond was next sworn—Came from the House of Detention; have been detained the same length of time ag the previous witness; I was employed at the Grand Central as doorman; went on duty at six in the morning and remained till three on the day of the inurder; I was relieved by Thomas Hart. This witness was withdrawn at this stage to allow of the witness Hill being examined on cross- examination in preference, a8 he was io a hur to leave the Court. After fruitless search for Hill Redmond again testified. The witneas repeated his testimony given on the former trials, describing the position of Fisk and himself at time of the shooting. THE WITNESS HILL RECALLED, Mr. Hill having returned into Court, Redmond stood aside and waited for the end of the cross-ex- amination. Witness was ive he saw the pee oner at the door of parlor 219 after the shoot ing while Thomas Hart swore positively that Stokes not go to the door of 219; ne took the rod handed him, and pointed out on the diagram where he 1 when the shooting was done and where he saw Stokes and Fisk; he saw no pistol during the ex- citement in the hands of any person, REDMOND RECALLED. Soon after this Mr. Hill was allowed to go out, and Kedmond again took the stand. Witness re- peated his answers given on the other trials, nothing new being elicited, except that he, too, like Hart, had received $50 from Mr. Clark after the convictton of Stokes had been secured, MISS GRACE HALL'S TESTIMONY. Miss Grace Hail was next sworn—She was a guest at the Grand Central Hotel on the day of the shooting of Fisk; she saw a pistol lying on a sofa in the third parlor, the one facing the dining room hall; she took it up and handed it to a parior waiter named Henry; she was shown a pistol, and said it was like the one she had picked up, put could not swear it was the same, She was cross- examined, but nothing of importance was elicited in addition to what she already testilied. s John Marshall, Fisk’s former valet ferleae i sworn—He helped Fisk to dress himself on the morning of the day of the shooting; a bundle of clothing was shown the witness, which he identi- filed as containing the coat, vest and cloak worn by the Colonel, His evidence did not differ im any particular from that published twice aiready, ‘ME, CROCKETT’S TESTIMONY. Frank Crockett, clerk of the Grand Centra: Hotel, riext testied—He was behind the counter or desk on the first floor, when he heard two reports of a tol; &man came running down rs and said ere aman shot; he had on a gray overcoat; immediately after Thomas Hart came along and said there was a man shot, and, Soeenit vo the man who first spoke, added, “and that’s the man who shot him;” the man with. the gtay coat was arrested a@ little way from the Office, towards the rear Oi the hotei, and proved to be Stokes. The Court here took a recess. APTER RECESS Sot resumed, shortly before two o'clock, JOUN T. REDMOND was recalled, and, in answer to a question from Mr. Tremamn, admitted that though he was stand- ing at the foot of the Grand Central stairs ne did not see the other boy, Thomas Hart, on the landing. Holis L, Power, proprietor of the hotel, testiied to seeing Stokes pase through the hai, followed by one of the boys, and saw him arrested and taken beiore Fisk, who identified lum as the man who shot him, and seemed rather afraid of him, On cross-examiuation Mr. Power stated, as on previous trials, that when he asked Stokes why he came there to make a disturvance Stokes made no ; Stokes appeared somewhat excited, ptain Byrnes, Fifteenth precinct, was examined as to the arrest and detention ofthe witnesses and his having received the pistol found by Miss Hall trom the clerk, Mr. Crockett. On cross-exumination the witness satd he was sure it Was seven o'clock in the evening when he received the pistol; he called at hal!-past four, and went into the room where Fisk was; when he went into the room he saw Dr. Fisher at the foot of the bed looking at Dr. Tripler, who was Kneeling down, with his arm across Fisk 8 legs, and working witu the probe; witness only saw the end of the probe, and when witness leit, atthe end of four or five minutes, he was still working with the probe; when Mr. Power went up stairs with the prisoner he first Jearned that It was Fisk who was shot; Jay Gould, Mr. Tweed, Mr. Ficidand his partner and other gentlemen came and were in the room during the evening. Peter Coughlan, 4 hotel servant, proved that when he came out of room No, 240 he saw Stokes at the head of tho stairs, leaning on the banisters with his left hand and his right in tls coit age ide he went into a recess for water and heard he shots; when he came out in the hall he did not see Thomas Hart, bat he saw Patrick Hart, and Stokes was not there. Police OMecer Mi m, Who arrested Stokes in the hotel hall, gave a diferent version of the iden- tifcation from all the preceding witnesses, He states that he asked Fisk, ‘‘Is this the man that rout” and Colonel Fisk answered ” and id “Take him away,” and that was all, tion the Witgess sald be did the whe Bot hear the prisoner say ne knew nothing of the’ shooting; the place was crowded and he gave the ey ead no time to make a speech, but hurried away. In reply to Mr. Russell, the witness said he did not notice any desire on the part of the prisoner to make a specch, In reply to Mr. Tremain, witness said he was sure Mr. Power was mistaken in sayfng that he (MacAdam) took the prisoner into room 207 alter the identiiication. Philip Farley, hotebporter, proved that he was going up stairs to see what Was the matter, when e met Stokes, who said to him “A man ts shot, go for @ doctor ;” he then passed towards the barber's bay Hearing some one cry out ‘That is the man that shot him,” witness ran after Stokes and seized him; Stokes made no attempt to cacvape; the pri oner did not say he knew nothing of the shooting. ‘The case was then adjourned till this morning, CHEAP TRANSPORTATION. Meeting of the United States Senate Committee on Transportation at the Fifth Avenue Hotel— Important Evidence of City Merchants. A meeting of thenited States Senate Committee on Transportation, consisting of Senatora Windom (chairman), Conkling, Davies and Norwood, was held yesterday at the Fifth Avenue Hotel. The committee ia desirous of further information on several points, and representatives of various transportation interests have been requested to appear before it, MB, COBB'S STATEMENT, Mr, Carlos Cobb, grain merchant, chairman of the Grain Committee, was the first witness, and he said :—It has been said one of the deficiencies of New York is its elevator and storage capacity. ‘This is not true, since the grain storage capacity of New York is about 13,000,000 bushels, The Jargest quantity ever held in store at one time was something less than thia capacity. Usually not more than half this capacity is filled. Nor is it true that the rates for such atoraze (compared with Western places) is excessive. Storage at New York on wheat and corn {s one and a half cents per bushel for the first ten days, and one-quarter of a cent each ten days following, equal to two and a quarter cents for the firat month, For sixty days this would be three cents per bushel, on whtch, at delivery, the grain 1a oredited—three-eighths of a cent for weighing net and two and five-eighths cents per bushel for sixty days’ storage. At Chicago and Milwaukee the charge is two cents for the first twenty days, or any part of them, and one-nalf cent each ten days thereafter, which, for sixty days, 1s four cents per bushel. Owing to the moisture of the atmosphere of New York grain is stored upon floors and spread, involving a large amount of laborand money, while at the West and in dryer cli- mates deep bins are safely used and the work al- most entirely performed by cheaper steam. This, fo way nothing of the larger difference in the cost of ground and building, makes the disparity still wider. Commissions are not bs Fe? at New York than at Western places jor mmilar service. The completion of the transportation undertaken on the part of the ratiroads is by lighters from Thirty-third street, opposite New York, or from Jersey City, Ho- boken or Communipaw, to some usual place in New York, such as C bers street, Coenties slip, &0,, and then becomes subject to the order of the consignee. If grain it is delivered, lighterage free, alongside buyer’s ship, stere or pier, Prompt de- livery, socordlng Fo, quantity contained, is required er demurrage charged jor default. This lighter de- livery from the termini of the roads to consignee’s ‘vessel, store or dock hag usually been farmed out to middie men, or parties having neither interest in the roads nor in the sale of the property. The roads contract to pay them a certain sam per ton, piece or bushel, with permission probably to make such incidental profits out of the business as they may be abie, such as grain sweeping, rem- nants, unclaimed goods, demurrage, &c., and upon grain a recent invention has been put into practice, viz.:—Oharging three-quarters of @ cent per bushel for wheat is ed elevation, which Is simply the act of discharging their hghters. Should the Cunard steamers require A. T, Stewart & Co. to enter the holds of their vessels and search out and re- Move their merchandise as come WW, or pay the Cunard people for doing such work, would be the exact equivalent for this charge, three quarters of acent @ bushel for unloading their nghter—t. @, the grain pays for “ere traus- orted according to tariff rate, and, in addition, is hen called upon to pay an uncontemplated charge of three quarters of a cent per bushel unioading the carriers’ cars or vessels, While, the worid over, common carriers load and unload theirewn vessels. Weighing is done in area of elevation, and is & part of the act, since it consists simply Of passing the grain through a hopper in given quantities, tallying these draughts, and ravningit from such hoppers to buyers’ vessel_or store. This completes the process of delivery. The additional charge for suck weighing is three quarters of a cent per bushel; thisis divided between the grain and the buyers, three eighths of a cent to each. By this ascertainment of quantity the lighter and the ele- vator make their charges. Among the evils at present complained of in the presen dane of fallroad transportation may be mentioned the fol- lowing:—Shortage, which varies from one-half to ten per cent—one to three per cent not uncommon—witheut ability to locate it; yet the natural shortage should not equal one per eent. Overcharges are of 80 frequent oc- currence, either in rate of freight or quantity, that some have supposed it the result of system. Re- fusal to be responsible for short and out turns from railroad lighters, yet charging freight or truck scale weight when delivered to such light- ers, Forremedies he made the following recom- mendations :—Each (G5 carrying road should erect at their termini elevators of such capacity aa would contain the deliveries of such roads for any one week. MR, HICROOR’S STATEMENT. Mr, ©. P. Hickock also recommended the build- ing of elevators at different termiui. Each car of grain should be inspected, graded and weighed on arrival, and @ receipt given to the consignee for the quantity and grade. These receipts would be bought and sold on the market in the same man- ner as at the Western cities. He said that the manner of handling grain in use here would not be tolerated for a moment in any Western city, and New York is the only Eastern city where grain is exported that is not already providea with cle- vators. Mr. E, B, Riggies and Mr. J. 0, Jones also gave some important testimony before tne committee. ‘The session was adjourned until hulf-past ten A. M, to-day. REAL ESTATE, An Adjourned Sale of Harlem Heights Property—Satistactory Results of a Sale at Yonkers, The sale of Harlem River Heights lots drew a large attendance to the Exchange Salesroom yesterday. Bidding, however, did not prove satis- factory to the owners, and after the sale of nine parcels, containing «about 122 city lots, ranging from $500 to $925 per city lot, the balance of the property was withdrawn, The sale of Yonkers property, belonging to John Dutt, on Wednesday, justified the notice given it here both in respect to the attendance and the results. Bidding was spirited throughout, and twenty cottages were ceapoeed, of for $69,045, being an average of $3,452 each, and seventy-iour plots for an average of $867 each, Particulars oi this and other sales are given below :— NEW YORE PROPERTY BY A. J. BLERCKER, SOW AND CO. Sstory DK. bh. and L No. SOL 5th st, 127.9 ft. w. av. Dy Lot 23297; losback, Jr od Jos. M 5 000 BY E, Ht, LUDLOW AND Ci Sstory bk. (rear) and lot No. 9 Morton st , 100 ft. w. oj Bleecker st, lot 25x101.6; Jas. Van Ettea 11,309 WESTUNUSTER COUNTY PROPERTY (AT HARLEM RIV! BY MULLER, WILKINS AND CO. Plot No. 1, 12 lots on @, side Sedgwick a’ Bema Plot N 0. 2 1257 fois, adjoining the’ abo er lot... 123-5 Plot No. 4 12-5 lows, witch ae ae Me We Plot | D. @. corn d ‘ison, per lot 25lot,s.e corner 2i6ih ‘st and Sedg- ; T. Anger, per | ; ¢ Jolineon, per lot, ‘i lot B, W. corner 01 Ad Biath ay Bi Conley, per lot lots, adjoining th Zi. above, onley, per lot.. Ic SOURSON, JR.—YONKERS, OCT. 15. Jot, corner Ashburtoii and Nepperiam avs Flo ‘above; D. Gorman above; 8. McCabe above; Gednev. it Rape 3: Mire. Hill 1 jot 1 loton Ashburton 1 lot on Ashburiot rr 40.1, joint Thos Smith.... 400 {blot SornerAshburton ay. and Orchard st, 16 jot, irchard st, rear above re. . blot is H f Dudley & Gedney 70 ; Cummings. +6. Briggs... vy if above; drs. B: 3h I plot, 1% lots, adjoining above; Mra Biewitt. 2 Tplot, | 92-100 lots, Orcnard st, corner Myrtle st. ; M. ‘ted I plot, 10 Lots, 6 1 PPist Lo tote, L plot 17-100 lots, 1 plot, 14-10) lot pois 3 bate th “Mowa’ joining above; W, Devitt. . Honing above yhomas Duity S plots, 6 35-100 1 burton av. and + ehar ats ts sre ch alee oe a 10,016 plot, rohari sire Gea 1 plot, 14 lots adjoming ; ney. TB 1 plot, 134 lots, adjoining : E plot, 144 lots, adjoining M. Ow. 1 plot, 134 lots, adjoining; Joveph 65 4" plots, Jots, Orchard st, adjoining abov Alte river y ai) 68 1 plot, * 1 plot, Lif tots, Orel a jo 0 h 1 plot, ig lots, Orchard 6 = eich pet : on 1 plot. iid toia “Orchard owen foe 685 I plot, 1%¢ to f 681 685 1B 1,337 irexory..... 675 not, 1% lots, jaeder.. i 65 1 lot corner Orehard and Meadow sis: Mowatt...... 616 1 cottage and jot, Vineyard ay. and Myrtle st; 3. Duty. * 3,560 Veottage aad lot,” vineyard wifoining’ tra °° cottage and ‘lot, Vineyard’ avi, adjoining; “Mra Mout. x Boece 3,460 lobn xinson. se a . 8,450 2 cottages and iois, Vineyard ‘av., adjoining; Mar- rager 1 cottage and io! 2 cottages and Jones. Vineyard lots, Vin COMMON COUNCIL AFFAIRS. Meeting of Both Eranches of the City Government—Expected Action on the Confirmation of Police Justices=The Mayor’s Nominations Still in Statu Quo—City Ordinances in Relation to Obstructions eo: Walks, &c., To Be Re- modelled. Rumors to the effect that the Aldermanic dead- lock on the Mayor’s Police Justice nominations had been broken tended to fill the corridor of the City Hall yesterday Irom early morning until the Board of Aldermen convened in session at half-past three o’clockin the afternoon, There was a larger col- lection of “curb stone” statesmen around than had assembled on the previous day at the Tammany County Convention. ll sorts of wild prognostications were indulged in. Some had 1t that Bernard Reilly, the defeated Tam- many candidate for the nomination of Sheriff, had influenced nis brother, Alderman Reilly, to ‘go back” on the combination and vote with the friends of the Mayor. Others, again, who claimed tobe posted, held that certain political conces- sions were to be made in case the Mayor’s nomi- nees were acted upon at tus session. His Honor the Mayor, on being interrogated by @ HERALD reporter as to the probability of hia nominations of Police Justices being acted upon esterday, replied, with placidity of countenance, "that he knew as little at it as the questioner, and he hoped they would do something in that direction soon,’ The “third house,” or the lobby, was present in fall force, every available spot being taken up by them. Even the floor of the Chamber was invaded by the outsiders. Many members of the Board of As- sistant Aldermen likewise were in attendance. Promptly at half-past three o'clock the Board was called to order by President Vance. All the members except Alderman Van Schaick answered to their names, The minutes of the previous meet- ing were veereny read; but, on motion of Alder- man Mcvatierty, the further reading was dispensed with, A MESSAGE FROM THE MAYOR was received, transmitting a petition of property owners between Fory-eiguth and Fiftieth streets and Ninth and Tenth avenues to have these streets lighted with Alderman McCafferty stated that owing to the Metropolitan Gaslight mpany not receiving their pay trom the city they reiused to shee any more light. The message was placed on file. Another message from the Mayor recommended the amendment of the ordinance relative to public trucks and carts, s0 that oue person couid own more than three vehicles, which is the limit of the present law, He also proposes that THE LICENSE FEES be fixed as follows:—For four-wheeled two-horse trucks $10 per annum, for four-wheeied one-horse trucks $6 per annum, and for one-horse carts $4. On motion of Alderman Morris the message and subject were referred to the Committee of the Law ean ‘ne resolution from the Board of Assistant Alder- men (published pelow) relative to signs, show- cases, noistways, &c., was referred to the joint committee on ordinances, A Bomber, of commissioners of deeds were ap- potnted. ‘rhe Committee on Law recommended the monet: ment oi a committee who, in connection with Gen- eral Pinckney, Clerk of the Board, are directed to compile the existing city ordinances in one volume. Commissioner Van Nort was instructed by reso- lution to have the Elm Street Arsenal repaired forthwith, General orders were taken up and passed, after which the Board adjourned. Board of Assistant Aldermen. In order to repeal subdivision four, section 17, chapter 335 Laws of 1873, the lower branch of the Common Council held a special meeting yesterday afternoon, at two o'clock, Prior to this the Com- mittee on Ordinances held a session, when the fel- lowing resolution Was passed and reported to the Board as adopted :— Resolved, That the ordinance entitled, “An ordinance to regulate permits for street stands, show signs, fairways Roistways and deliveries, approved #ebruaty aad same ig hereby repealed, liu thereot the following ordinance be adopted:— * * * (Here follows a new ordinance.) The ast section re: “all guits are to be prosecuted in the District Court oi the district wherein the offence occurs, and that this or- dinance shall take etfect immediate: The resolution was adopted unanimously, and, on motion of Assistant Alderman Clancy, @ com- mittee of three appointed to present it to the Board of Aldermen. This section, if it becomes a law, will do away With the vexatious lawsuits against parties brought in other districts than those in which the offence was committed. Alter transacting some minor business the Board adiourned. Nonpayment of Tax Clerks. ‘The Mayer’s office was visited yesterday after- noon by a delegation of clerks who had been em- ployed by Mr. Pinckney, Clerk of the Common Council, to assist in examining the tax books, in order that the payment of the November taxes would be expedited, and who were unable to ob tain their payment for their services from the Comptroller. General Pinckney was sent for and stated to His Honor that he bad employed these men by direction of the Comptroller for the pur- pose above named, ‘The clerks had faithfully done heir work, they claimed, and according to their instructions waited on Comptroller Green for their pay. The latter referred them to Mr. Earle, County Auditor, who said he could not pay them, as there was'no appropriation for such work. The spokes- man said it was understood that they were em- ployed under the directions of Comptroller Green, or ae Ata never have risked the chance of not ting their pay. a arer Havemsyer promised to give this subject his aitentton and do all io his power to obtain for them their pay. A TRAGIO TARGET EXCURSION. On the 28d ult. @ number of boys and half grown men, hailing fromthe First ward, having organized under the name of the “Freischuetz Guard,” proj ceeded to Jones’ Wood on a target excursion, fol- lowed by a gang of juvenile idlers, who bad noth- ing else to do. Among the number was Philip Farley, & boy, thirteen years old, whose mother lives at No. 32 Rector street, and, unfortunately for him, he drank to excess and became quarrelsome, While on the ground a number of the boys became involved in a tight, duri which, it was alleged, Philip was ether kicked In thaabdomen or fell against @ table or bench and injured himself, After returning home Philip was taken sick, and subse- quently died, as appeared from a medical examina- tion, irom peritonitis, which may have been caused by violence or from natural causes. It had been alleged that Henry Seavers, a lad, kicked deceased, but during the investigation yesterday afternoon, before Coroner Keenan, it could not be shown that deceased was purposely injured, and young Seavers: was relieved from ali suspicion, COMPTROLLER’S RECEIPTS, Comptroller Green reports the following amounts paid yesterday into the treasury:—From Re- ceiver of Taxes—Receipts of taxes of 1373, about $192,000. From Collector of Assessments—Assoss- ments for street openings, &c, and interest, $16,953, Bureau of Arrears—Arrears of taxes, assessments, water rents and interest, $7,744. Bureau of Water Registrar—Croton water rents and penalties, $4,036; permits to tap water pipes, Foe TGs. ‘Bureau of yeralye-barmit for sigu 5 Mayor's Se 348, Bureau of City Revenue—Market rent and fees and house Tenby $170. City Courts-—Hees. trom, First Judicial Distict Court, $68; fees from Third Distriey Police, $30; total, $96. Grand total, $223,008 THE FINANCE PROBLEM, Revival of the Speculative Spirit of Wall Street. STOCKS UP AND MONEY EASY. Buoyant Outlook in the Prod- uce Markets. The Question of Re- sumption. OPINIONS OF BUSINESS MEN. Yesterday showed a very marked revival of spirit in the Wali street markets, especially notices able late in the day, with a sudden turn inthe monetary situation that brought currency on the street seeking employment at as low as three per cent, What this means—ifit means anything more than a stockjobbing trick—tt 1s difficult to say; but the game now being played, if game there be, or any one strong enough to control it, would seem to be alternate contraction, with tightness, and ease, for the purpose of helping @ short turn in stocks, Wall street is temporarily im a siate of anarchy. It has dethroned its kings and finds its freedom no more satisfactory than do the French people their transition government. With “the Commodore” suspected of weakness, what is left the average Wall street operator on which to build confidence ? ICONOCLASM RULES THE HOUR, and the high priests, once so honored and re spected in the Temple of Mammon, find no longer humble worshippers as of yore, bringing gifts of Propitiation. What the end willbe ia happily @ question that late experience hag proven to be more circumscribed in the sphere ofits relevancy than was feared. Wall street may be permitted to recover its lost prestige and its kings to struggle anew for pre-eminence without other feeling than curiosity, provided commercial interests do not suffer in consequence, And despite a certain gloomy sense of insecurity because of the many abnormal features of the financial situation, the other markets appear to be working healthily enough, although not with that animation usual at this season of the year. The actionof the banks, in curtailing their accommodation to the street in order to give increased facilities to commercial ex- changes, has had the effect designed in reileving THE PRODUCK MARKET from the pressure of the Wall street crisis. Yester+ day the outlook there was sald to be very promising, with @ steady export demand fally up to the current supply. In spite of the derange- ment of our domestic system of exchanges by the recent monetary stringency, the fact that Europe wants bread, and wants it so badly as to send gold for it, has staved off the apprehended “deadlock” which it was feared might interrupt the steady forward movement from the West. Matters at THE COTTON EXCHANGE show a similar satisfactory condition, with the usual average of dealings for this season and only @ slight decline in prices. “UNDER THE RULE.” ‘The following sales were made yesterday at the Stock Exchange, under the rule, for the account of Grinnell & Co., having been ordered by Messrs, P. Speyer & Co., ‘Woerschoifer & Co., Scott, Irving & Co. and Olcott & co ae LS cob ht) bse oe 700 shares Lake shore, shares New Yo = ihe 100 shares Pacific ‘Mail, 200 shares Rock Island and 200 shares Northwestern. THE NEW YORK CENTRAL DIVIDEND. ent of the New York Central dividend was continued yesterday. It being hinted that the Commodore would not present the whole of his scrip for payment, inquiry at the office of Duncan, Snerman & Oo. elicited the statement that he had done so and recetved the full amount due, THE UNION TRUST COMPANY. The Committee of Five appointed to investigate the affaira of this company are stillat work, Mr. E. B, Wesley, the receiver, when qnessines yes- terday, said that the company would either resume business before the 1st of November or pay a divi- dend—if this could be done legally. GOLD TOUCHED 107%, the lowest quotation yet made since 1862, The other extreme of the market yesterday was 108 },, the elosing figure being 108, This rapid falling of Ot the premium in a period of much alarm and dis- trast is one of the auomalies of the present situa- tion, and, although due in a large measure to the heavy shipments from the other side, must have other stimulus, What that is is a problem yet awaiting @ satisfactory solution, ‘his decline, taken in col tion with the President’s expreased views on the subject, has started anew the discus sion of the subject of resumption as an event yet to be consummated, In this connection the opinions given below of gentlemen having an interest in such ap event will be found interesting. They are various; but the subject 1s one that suggests di- verse conclusions, and it willbe borne in mind that the President gives the hint that while his mind is made up now as to what recommendations he would make if he were now writing his message, et he may be led to change or modify his views betore the time comes to put them into shape. VIEWS OF BUSINESS MEN ON THE SUBJECT OF RE- SUMPTION. Mr, Norton, of the firm of Norton, Slaughter & Co., one of the leading cotton brokerage nouses in this city, said, in answer to inquiries on the sub- ject, that resumption of specie payment Is not now jossible, ciitefly because of the small amount of nds in the Treasury. The policy of Mr. Boutweil and the present Secretary of the Treasury is re- tarding our return to a specie basis. ‘The financial department of the goverament ought to ave pro- cured an accumulation of $200,000,000 or $300, in the Treasury vaults before beginning to buy’ up any of our national liabilities, as sometimes was done even ere they were matured. Then the De- partment could have met all contingencies and prevented the making of ‘‘corners,’’ thus avoiding such dire misfortune as was experienced in the famous ‘black Friday.” THE PRESENT FINANCIAL PANTC WILL TEND TO HASTEN OUR RETURN TO A METALLIC BASIS, because it will check speculation and impel men to do @ safe rather than a large business. The tendencies now are for men to rush recklessly into inflated speculations of one kind or another, in hopes of amassing @ large jortune speedily. ‘The national idiosyncrasy—so to say—affords pecu~ liar facuiities for this sort of trading on hypothetical funds, which exist but in the tmagination of the speculator. The return to specie wonld not affect the cotton trade, = wae in this staple is ways done on a cash footing. bas 34 Drexel, of the firm of ‘rexel, Morgan & Co., bankers, Wall street, thinks that there is no present Sree on a of our soon seeing gold and silver circulate on a par with greenback currency. There is too much paper money afloat in the country to permit of its com up to level with silver, Even now the market shows that gold is again asserting its acknowledged superiority in value. The present financial crisis cannot aifect the status of gold and paper with respect to each other. The late flurry in Wall street and failure of some eminent firms will act as a warning and ad- vioe to many Who have escaped its consoquences, Businegs will now generally be transacted on a mane if somewhat more contracted sys- forme tem. ONE GREAT LESSON to be gathered from our present financial dimicul. ties is that of retrenchment in specula' Loperhe tions and a return to the habits of the gi old umes before the late war when @ d¢.iar meant 100 cents of sotnal value, whether a man aper or gold in his purse, 3 ir. inna, of the firm of Inman, Swan & Co, Cotton Exchange, seys that a return to specie pay- men cannot be brougnt about before three or jour ears shall have passed. It gold would now fall to four or five per cent it would afford much needed rellef to the market. But this can be looked py when, in view of the enormous specie stipment: from England and other places, 1 still preserves an upward tendency, Should gold fall so low ag the rate named silver would then be about par ore fiatio He an becuse (oF obvious rei circulation. i: metallic circulating media could not long remain cole POMICT OF THE TREASURY DEPARTMENT can only remotely influence the rae sto toed hs meet