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THE FINANCIAL =PROBLEM. Continued Improvement on the Stock Exchange and a Firmer Tone in the Produce Markets. GOLD HIGHER. Farther Shipments of Coin from England, with a Fresh Advance of the Bank Rate Threatened. FOREIGN EXCHANGE BETTER. A Timely Explanation in Regard to Our Balance of Trade, Resumption from a Busi- ness Point of View. People are gradually reaching a better under- standing of this recent Wall street panic. That tt was really only a Wall street panic, notwithstand- ing that it had its incidental effects outside, in de- partments of business where Wall street and its temptations are not supposed to enter, albeit they do, is being more clearly demonstrated every day. And, now that we are out of the woods, as it were, or, in other words, got into the high road again, there isa disposition to quarrel with the means whereby we reached this position of safety. When the crisis was upon us and the banks had really either to go under and leave us to our own devices or organize for the general good, we recognized the truth of Old Abe’s observation, ‘That it is A BAD TIME TO SWAP HORSES when you are crossing a stream.’ Then we ac- cepted the action of the associated banks of this city in pooling their assets and organizing a joint stock protective union for the occasion that ren” dered this necessary. Now, we are inclined to ask—and the mquiry is pertinent, too—why did the banks permit themselves to get into such a Position as to render this proceeding necessary for the safety of some of them? This is an evil in our banking system—that any bank should be per- mitted such Jatitude in its operations as to give it @n opportunity to reach such a condition of weak- ness, Where was the Comptroller of the Currency, Whose watchtul eye is supposed to be fixed upon every national bank in the country, that he was not around examining into their condition before tnis panic came to see if they were short in their reserves? He has ordered now an examination of their condition just before the recent Wall street flurry, but the responsive inquiry comes, very naturally, CUI BONO? ‘There is a wonderiul likeness between such a Purpose and that of closing the door of the stable after the steed has escaped, unless the Comptrol- Jer megns to forteit the charters of those banks who Were not within the pale of the law when this late crisis occurred. This is an age of reform; let us have bank reform as well as currency reform, and we will reach specie payments the sooner. Now that General Grant has started out as a new and revised edition of Adam Smith it would be Well for him to give @ little attention to this mat- ter, and by farther thought upon the subject he might find it good policy to recommend a more frequent examination of the banks to see that they preserve their reserve intact under all circum- stances; and to this end it might be also weil to recommend, in connection with a free banking law, as he proposes, that interest on bonds hy- pothecated as a security tor currency be paid over to the Sinking Funa, suca bonds, however, to be always redeemavie at the figure of their hypothe- ll op @ return of the currency issued upon em. A RETURN TO CURRENCY PAYMENTS by the banks is certainly desirabie just now as a means of restoring general confidence, although, if @ continuance of the preierred accommodation given tocommerciai circies is dependent upon the wOl system, it were Letter it should continue, lew York, however, sutfers the discredit of being behind other cities in this revival of confidence. Hoarding among private parties will continue while the banks show this distrust of themselves or the people in them, while with a confident ex- pression on their part in the resumption of cur- rency payments many temporary hoards would be broken up and the money restored to circulation, Anightmare yet oppresses our people. The banks en it when they are ready. Are they rea It was prophetically asserted yesterday, from opinions expressed on the London stock Exchange, that the Bank of England would still further ad- vance its rate of discount. This is not unlikely, in view of the continued heavy shipments of specie to this country, over £500,000 being the latest re- Ported amount shipped trom Liverpool. It is AN OLD POLICY OF THE BANK OF ENGLAND to advance its rate of discount under such circum- stances, and was done in 1836, when it drew forth the following comment from the HERALD that is largely relevant now :— {Form the New Yorx Hanatp, Oct. 11, 1836.] Many speculations are indulged in respecting the re- cent movements of the Bank of England to check the export of specie trom that country tothe United States. If the capitalists of England find a higher interest for their money here not all the banks in existence can pre- Vent their sending it out, England and the United 8 from the rapidity of intercourse becween them, one country. The money market of London act : York and New York ou London. The great progress of the country calls for more capital and of course creates a demand, butin i:ngland the speculation is equally rife in banks, in railroads, in everything; hence the Festrictive measures of the Bank ot sngiand. But the real cause both in Engtand and here is this—the business of the commercial community exceeds the capital. ‘There is an increase of demand growing out of an increase of population and an increase of speed in public intercourse. Steam power has doubled productive energy; more business is done, more capital is required. Hence he interest of money must rise. The same general cause which causes money to fetch two or three per cent a month in Wall street makes the Bank of tngland increase their rate of interest from four to five per cent—namely, an increased demand for the article, Steam power is tapidly increasing the commerce of the world. To carry on commerce requires specie, but the supply of the precious metal is diminish- ang every year. At this time, however, in obedience to the icono- clastic spirit that was noted yesterday, THE BANK OF ENGLAND DOES NOT CONTROL THR MONKEY BATE IN LONDON, which, in spite of the advance to six per cent by the bank and the threatened lurther a&vance, was yesterday four and a half per cent in the open Imarket. while there 1s latent danger to us in Unis purpose on the part of the Bank of England to ad- vance its rate, we find its corrective in the more liberal teeling of the open market, where the joint stock banks gain their expression, Although largely ‘interested in tne result, as, if the Bank of Engtand should win in gaining the control of the entire market, 1s might cause the return of a large amount of American securities here at a time When We are not in a con- dition to take them up, still there is aiso a curious speculative feeling of sympathy in watching the Tesult of this struggle. Is the Old Lady of Thread- Reedle Street to lose her prestige lke our own Vanderbilt, or is this despotic mistress of the world of finance to find tudt her children have assed beyond that period when they held on to =a apron strings? The problem is an interesting THE BALANCE OF TRADE. Much comment has been excited by the recent exhibit of the Board of Statistics, Washington, in regard to our foreign trade, as it came upon ma) 4 8 surprise tn view of the recent deciine in gol and the expressions of whe press, together with sages Folerence ot premcens prone P soe ane Even legram furnishes the fol- lowing explanation of this anomaly :— The adverse balance in our foreign trade is over 100,000,000 again: ¥ ° tite ‘fguresare tefollower” sr Sore ee Ee Imports, Vile phe $22,480.987 $73,006,546 $10,703,028 es RS ee together the exp cop ear eae orts and re. je specie exports over the specie importa wed ae: ducting the total trom the total merchamiise ‘imports, Jeaves a remainder of only $56,015%,137 as the nominal ad. ‘verse balance of the year. It happened, however. that by achan ‘the tariff, which went into effe duly, hi large amount of goods in warehouse on tie Buth of June, 1872, was marketed during the past fiscal T, causing @ reduction duris e year of $44,000,000 of ui 0) nts y charged to the rents 8, that while the adverse balance oftradeappices ‘D6 $100,000,000 for 1873 it is actually only abeut halt that amount. Furthermore, if the taped imports ot 1872 wi harged to the fod in which they were im. rted—but not market the balan f trade for 1873 lance ould be something 11 one-third or onesfourut of ‘that of 1872. This is the solution of the decline in the fola Bak in the face of the report from bey it ¢ adverse balance for 1873 has been over $1 000, ON THRE PRODUCE RXCHANGE there was a stronger tone, and prices were main- tained thre cpl the day with much firmnesa, The demand export continues, and, with a re- covery ip the gold premium and a better feeling in foreign excnange, holders do not press sales, aud olferings are less iree, GOLD RANGED PROM 107% TO 10834, closing at the higher figure, wWitn 1-32 paid for borrowing. ‘This recovery in the face of fresh shipments trom England to this country does not look lke near resumption. A prediction has been made on the street that before the close of the ear the premium on gold here and the Bank of England rate of discount wiil cross. Would this help resumption or would it mean resumption? FOREIGN KXCHANGE, ‘ome bankers named below quote sixty days bills Us i Selieman & Co, (steady)... Bank of California (quiet)... a 107';, both net, Drexel, Morgan # Co. (steady)... 10:34 a 10734 less com. Brown'Bros. & Co. (wads) 0614 a 107% less 1-16, We a 107% leas 3. A. Belmont & Co, (quiet), » both net, Duncan, Sherman & Co, 4 less com. FARTHER VIEWS OF BUSINESS MEN ON THE SUBJECT OF RESUMPTION, . Mr. Trowbridge, of ine firm of Hopkins, Dwight & Trowbridge, cotton brokers, Pearl street, does not think @ return to specie payment will take piace for a good while yet. some people believe that we will awake some morning and find that the country has unconsciously tumbled over into the time-honored old plan of specie payment, with- out knqwing how or whereiore. ie does not believe in this theory, A R&TURN TO SPECIE CAN BE THE WORK OF TIME AND CIRCUMSTANCES ONLY. It 18 just as impossible for the government, not- Withstanding its laudable efforts, to.command a resumption of specie payments as it is for the Sec- retary of the Treasury to seil greenoacks for 100 cents gold on the dollar, The problem must work itseif out slowly but surely. No tinkering of the President or his Cabinet, the newapapers or bank- ers, can hurry or retard the wished-for event, Gold and silver go band in hand, and a resumption of the one would accomplish it in both, a thing that we need notexpect: The present, or rather past, crisis in Wall street, although unfortunately en- guiflug a few strong houses, is ope of the best things that have happened for a long time to the country. enceiorth railroad stock and other operators wul be very careful im their transactions. Business will be conducted in a safer 4nd more improved way; and reckless specu- lation must suffer an effective check. Mr. Trow- bridge says that the Treasury should possess a very iarge amount of gold in its vauits belore a return to specie gould be attempted, and thinks that the policy ol the Secretary of the department has been, upon the waole, an acceptable and Wholesome one, . Mr. Lehmen, of the wealthy Hebrew firm of Lehmen Brothers, cotton brokers, Pearl street, Says there i8 yet no chance ol returning to the general use of gold and silver as iormerly, Every- body agrees that it Would be A MOST EXCELLENT RESULT IF IT COULD BE ACCOM- PLISHED, but, unfortunately, this cannot be just now. The government is observing the best policy to bring about this ‘consummation devoutly to be wished,” in retiring as rapldly as it can our national liabili- ties from the market. Let it keep on doing so. The greater the amount of government securities that are bought up and cancelled, the more valuable and nearer to a gold price will the remaining ones become, Let us retire ali we can of national lia- bilities from the market. That will send our bonds and Sanna poranD cy price and bring geld tumbling down to their level, This is the ouly way to do it, even if Congress should authorize a special taxa- tion to produce tunds for the Treasury to work with, The present fluctuating state oi exchange has worked great evils for commerce in general. Merchants who have to buy exchange must be always on the rack of anxiety. One does not know what changes in the gold market twenty- four hours may bring about. A man may be en- riched or ruined in that space of time. Nobody likes to live in a leverish state of excitement, such as this condition of our monetary affairs cre- ates. Itis better to tax ourselves heavily jor a year or two, furnish the means for the govern- ment to buy up and retire as much as we can of outstanding liabilities from the market, and so put an end to our financial difficulties py tne only pos- sible way that is open to us, The suggestions of the President and the Secretary of the Treasury are doubtiess all very well in thelr own way, but will be found impractical in working. THE CIRCULATION OF SILVER OARRIES WITH IT THAT OF GOLD ALSO. The one cannot be brought about without the Other, and neither of them Is feasible just now. Mr. Joonson, of the firm of Arnoid, Constable & Co., one Of the very largest importing dry goods houses in the city, says that it is impossible to think 01 returning to specie, If the government shouid attempt such a thing all the merchants in the country would be ruined. Resumption of specie must come about of its own accord, One of the b@st means of bringing it about is to encourage exports by every means in our power. Let us throw our breadstufs and other American produce on the European market. England, France, Ger- many and other countries ou the old Continent want our flour, wheat, corn and cotton. Let us ve these staples to them at barely paying prices, Phis will throw a@ large balance of exchange in our favor; gold will then become a drug and lose its premium, But to try to embark in specie payment without a large amount of gold in reserve would be to plunge us in the end into greater dificalties than those from which we wish to escape. Stiver currency will do very well tor small transactions, but nobody would like to carry pany bags of dollars for everyday business about Own. WE MUST WAIT A WHILE, When Grant puts his foot down he does not retire it; and when the government is prepared to take action the country will back it. At least $200,000,000 of gold will be needed in the Treasury before anything can be done. In the Gold Ex- change brokers may make any amount of clear- ances they please, but they do not pass the actual coin. Their operations are imaginary, and in an article that is not in the country, at least to the extent of their sales, A PITTSBURG BANK ROBBER. Hampton Convicted of Robbing the Safe Deposit Bank—The True History of the Theft—The Officials of the Bank Blame- less. PITTSBURG, Pa., Oct. 16, 1878, The true story of the famous Safe Deposit Bank robbery, which took place on the night of the 6th of April last, was told for tne first time to-day by the prosecuting attorney, H. Butcher swope, at the trial of Charles G. Hampton, one of the robbers. The arrest of this man in New York and his at tempted release on a writ of habeas corpus by his friends, was detailed at length at that time in the columns of the HERALD, The bank mentioned was robbed of a box containing something like $250,000 in ponds and $3,600 in cash. How it was taken remained a profound mystery for many a day. At the time the locks of the safe were critically examined, but not the slightest signs of interlerence could be discovered. The locks on the doors were also inspected, but they, too, were found to be in perfect order; besides there was a watchman ou duty the entire night. | Detectives made an examination of the premises, and the examination induced them to believe tha the box must have been taken by some attaché of the Safe Deposit Bank. With the lapse of a week the box was ound, minus the cash and a number of bonds. One of the latter, a bond to the amount of $1,900 of tne Allegheny Valley Railroad, was offered to Fitch, Otis & Co., of New York, and sub- sequently Pelee by them. Hampton, the party who disposed of the bond, was taken into cus- tody, but through the aid of influential triends he was within an ace of being set at liberty. However, he at length was given in charge of officers from this city, and has remained in jail here awaiting trial, which is now in progress, THE HISTORY OF THE ROBBERY, The circumstances connected with tnis mystert- ous affair were related to-day, as before stated, by the prosecuting attorney, and are as follows:—On the night of the 30th of last March there was in the Colonnade Hotel, in Philadelphia, a man named Donabue, otherwise known as John Klutz. He sent a despatch to Baltimore ‘addreased to Horace Hoven, who was no other than the defendant, ask- ing him to come on immediately. Hampton came, and the party, now consisting of Kjutz, john. Price, one John Filey and Hampton, arranged to make araid on the banks of Pennsylvania. They went first to Reading, and there they robbed the Treasurer’s office of $2,300 in broad daylight, Alterwards they went to Harrisburg, and from there Hampton telegraphed an order to his wite in Baitimore for the sum of $500. The quartet then came on to Pittsburg. All jour of them went to the Union Depot Hotel, where they registered, and on the following day left and en- ‘aged rooms at the Monongahela House, where hey also registered. Aiterward they took'a stroll about the city and called at the office of the City Treasurer, One of the gang took his stand near the gate to the railing areund the Treasurer's ofice for the protection of money. Hampton tried to get through the gate and tnen into the vault, but he was observed and thrust out, On Saturday night, while on Fourth avenue, their attention was directed to the Safe Deposit Bank, which was brilliantly lighted, They stationed themselves upon the other side of the street, where they could observe all that was going on. Soon afterwards the cashier of the.Odd Fellows’ Bank was seen to enter with @ large box under his arm. They watched him closely, and when he came out one of the number went in and engaged in coaversation with the cashier of the Safe Deposit Bank, While the conversation was going on Hampton slipped in belund tae counter and abstracted the box. The four then took it down to Market street, and there ina vault opened the treasure and took out the ready cash and @ number Of available bonds. The box was then thrown aside, and the parti went to the Monongahela House; and that night, in room 119, they divided the spoils, Price fo $ Filley $800, and Hampton about $1,800, e latter reinsed to divide with Kintz, because he had to do all the heavy work. Klutz threatened to “squeal,” and Hampton then gave him $500. The next morn- ing two of the parties went to Philadelphia, ana the other two to New York. This is the history of the robbery, and the weight of suspicion that vested on the bank oficiais now for the first time is lilted. Hampton Convioted of the Robbery. PrtTseURG, Pa., Oct. 17, 1873, ©. G. Hampton, charged with robbing the Safe Deposit Bank of a box containing bonds and money, Was found “Guilty” this afternoon. The robber, Was committed on the night Of Aptis"). | ’ THE COURTS. The Comptroller Again in Contempt—Benjamin Wood After His Rentals—A Property Suit—De- Cisions—Business in the General Sessions. Yesterday Henry Howard, a brewer in Thirty- third street, between Ninth and Tenth avenues, was chargea before Commissioner Osborn with having made a false statement or return regarding his business to an officer of Internai Revenue. The defendant produced to the Commissioner a letter from the Revenue Department tending to show that this matter had been settled, and the letter was of such @ character as to induce the Commis- sioner, in the first instance, to say that he would allow Mr. Howard to go on his own recognizances; but as the result of further inquiry, the Revenue Department having again decided to reopen the ease, Mr. Howard was held in $5,000 bail to appear for examination next week. In the Ynited States District Court yesterday in the matter of Lynch and Bernstein, bankrapts, Judge Blatchford rendered a decision to the effect that a landlord is not necessarily, as a question of law, entitled vo the full rent of the premises from the date of the service of the injunction until the date of the adjudication—that is, the rent pre- scribed by the lease. Yesterday a man named Alfred Richardson was brought before Commissioner Shields and charged with having committed perjury in his evidence given in the United States Circuit Court, before Judge Benedict, on the trial of the case of Edward Lange. The defendant gave bail in the sum of $5,000 to appear for examination, In the United States District Court, yesterday, Converse & Co., brokers, of No. 54 Pine street, filed a voluntary petition praying that they be adjudi- cated bankrupts. Owing to the unwillingness of the clerk in charge to allow the reporters to make afall examination of the paper the amount of the debts of this firm cannot be at present set forth with any degree of accuracy; but they are sup- posed to be at least $70,000, It is understood that Converse & Co. owe little if any money at all in New York. The petition is to be referred at once to a register in bankrupicy, who will proceed to the appointment of an assignee and the taking of proofs o1 deots. SUPREME CCURT—CHAMBERS. Seeking to Punish the Comptroller for Contempt of Court. Before Judge Fancher. While Judge Pratt, of Brooklyn, was holding, in August last, the Supreme Court Chambers in this city he granted a peremptory mandamus against the Comptroller, directing him to pay to the Tenth National Bank $44,00u, being a portion of moneys advanced by the bank to the New Court House Commissioners. The writ was served on the Comptroller, bat he fatied to comply with its requisitions, Alter repeated demands for the money, and patience ceasing to be a virtue, Judge Eamonds applied yesteiday in this Court tor an order to show cause why the Comptroller should not be punished for contempt of Court, Judge Fancher promptly granted tne order, making the same returnable on Monday next. SUPERIOR COURT. Decisions. By Juage Vax Vorst. McCarron vs. Fallon, and Sandford vs, Jackson,— Order of reference. Carteright vs. Wood.—Order opening default and granting leave to discontinue, ‘ Burton ys. Wing.—Urder opening default on erms. Kiliam vs, Gordon, Donnell vs. Donnell, Bockler vs. Hardenourg, Mazan vs. Dzondi et al., Hall vs. Cowarey, and mes vs. Hersey Steei Manulactur- ing Company.—Order granted, By Judge Sedgwick, Popham vs. Wucox et al.—Judgment settied. Smith vs, Fellows.—Decree settled, COURT OF COMMON PLEAS—SPECIAL TERM. Benjamin Wood After His Rent. Before Judge Robinson. Benjamin Wood rented to the Board of Assessors a portion of his building on Chatham street, and wants $4,000 payment of rent from the city. It is claimed on behal! of the city that through fraudu- lent representations in regard to some city print- ing, which he did not do, he obtained some $6,000 from the city, and it is proposed to present this as an offset to the claim. A motion was made to strike out the answer as not containing sufficient grounds of defence. Judge Robinson granted the motion on the ground tliat money ovtained through fraud caunot be set up as an offset to a claim on contract Decision. The People, &c., vs. Copperway, &c.—Motion granted on payment of District Atvorney’s costs. MARINE COURT—PART |. Suit tor the Recovery of Property, Before Judge Gross, Howe vs. Tallman.—This is a suit to recover the possession of property or its value, estimated by plaintiff at $950 and by defendant at $750, The plaintiff alleges that, being in need of $1,000, in May last, he applied to defendant for a loan on a horse, road wagons, sleigh, harness, &c., and after nego- tiation it was agreed that $750 should be advanced on the property and $250 on an endorsed note, $100 to be paid for the accommodation for thirty days; that on defendant's attorney being con- sulted as to the best mode to “fx it,” he recom- mended a bill of sale, with an agreement to sell back at $100 in advance; that this was carried oat, but that at the end of @ month, on his tendering the money, defendant» refused to deliver the prop- erty. The defendant flatly denies this state of facts; says that it was an absolute sale, and that the agreement to sell back was only given on plaintiff complaining that he had sacrificed the property. thie agreement, deiendant further says, he was and is still Seal to carry out, put that plain? never tendered him any money what- ever, and alleges that this suit is an attempt to get back the property and keep the money, too. Ver- dict in favor of defendant, MARINE COURT—PART 3, Paint vs. Dry Goods. Before Judge Spaulding. William ©, Grant vs. J. & C. Johnston.—This action was brought to recover for alleged extra services in painting the defendants’ dry goods store, corner of Broadway and Twenty-second street. A written contract to do certain work therein specified for $1,200 was signed by the plain- tif, who claimed that he also done extra work, not specified in the contract, for which they refused to pay. The defendants denied that any extra work was done, and claimed that they paid him $150 more than they were required to do by the terms of the contract; also that the work was done in an improper manner; that improper materials were used, and that the paint on the shelving came off and damaged their stock of silk to the amount of about $700. The plaintif and his witnesses testified that the work sued for was not embraced in the contract (which was very comprehensive in ite terms), and that it was done in the best man- ner and with the best m: als, The defendants and their numerous witnesses testified to an en- tirely different state of facts; in fact, nearly ail of the testimony was very conflicting and almost wholly irreconctiable, After the case ably argued by Mr. Langtree, for the plaintiff, and ex- Judge Johnson, for the defendants, His Honor de- livered an exhaustive charge to the jury, who, after an absence of about half an hour, rendered verdict in favor of the plaintiff for $280 01, to which the Court made the usual allowance, COURT OF GENERAL SESSIONS, Before Recorder Hackett. Yesterday Assistant District Attorney Rollins and His Honor the Recorder disposed of a large number of indictments for various offences, many of which had been previously on the calendar for trial. Defendants Charged With Offences Dis- charged. The following named defendants, who were in- dicted for assaults, were discharged by the Recorder and their bondsmen relieved, the prose- cuting officer having tnformed the Court that the witnesses could not be found and assigning sub- stantial reasons why the pares should be let go:— Edward Horan, Edward Bott, Adam Bechteid, Joseph O’Brien, Patrick Smith, Martin Churchili, Michael Hyland, Michael Fitzgerald, John Kilroe, Samuel S Cox (not ‘Sunset Cox) and James Kyiand, Vlement Baumgarten, Adolph Weimbeck and William Pickles, char, d with larceny, and Charles H. Telles, tndicted for embezzling were discharged upon their ewn recognizanees, Grand Larcenie: Prank Smith pleaded guilty to stealing a tell-tale watch worth $80, on the 29th of September, the property of the Importers and Traders’ Bank, He ‘Was sent to the State Prison for three years, * Tne sollowing mamed persons pleaded guilty to 4 NEW YORK HERALD, SATURDAY, OCTOBER 18, 1873.-TRIPLE SHEET, an attempt at grand larceny and were each sent to the State Prison for two years and six months :— John Williams, charged with stealing a quantity of bedsteads, chairs, mattresses and blankets, valued at $230, on the 12tn of september, the prop- erty of Frederick Borden, Thomas Kobinson, indicted for stealing, on the 1st lnst., a watch and chain and jewelry, oi the ag- gregate Value of $227, the property of Belle Howitt, Kdward Thorp, charged with stealing, om the 6th of this month, @ trunk containing $76 worth of praperty belonging to Michael Crowley. Eliza Wilson, indieted for stealing @ pocketbook containing $6 06 from the person of Mary E. Opdyke. Assaults, Patrick O'Donnell, who was charged with stab- bing Patrick Fitzgeraid in the back, on the Mth of January, pleaded guilty to assault and battery. One year in the Penitentiary was the sentence. Thomas Carroll pleaded guilty to having a slung- shot in his possession, and was fined $25. Mary McUormack, @ woman with a family of small children, who quarrelied with Ann Buckley, on the 29th of July, at a tenement house, and struck her in the eye, pleaded guilty to assault and battery, Judgment was suspended. John White (a colored man) was convicted of having in his possession, on the 1st of the month, @ large pair of metal knuckles, He was sent to the Penitentiary for sixty days, Acquittals, John Thomas, an ex-convict, was tried upon an indictment charging him with intending to kill Uwen Brown, a keeper at the Peni- temtlary, on the 27th of August last. The evi- dence showed that the accused was 100 jeet from Brown, in a boat, and did not cock @ loaded pistol which was found upon him, Thomas pretended to be fishing, but had no bait. Asuit of clothes ‘was discovered in the boat, which it was supposed he had provided for a convict whom he was about to assist in escaping from the island. Mr, Kintzing contended that Thomas was not even guilty of 4 technical assault, and the jury rendered a verdict of not guilty. William Regarsburg was tried upon the complaint of Paul Bauer, the keeper of a “hotel” in the Bowery, who swore that on Sunday, tne 13*h of this movth, he cut him with a knife, without any provo- cation. The accused testified that there was a agbk among some parties in the barroom, and that when he attempted to leave the place Bauer caught him by the throat and the barkeeper struck him, and in order to protect bis person he used the knife. Mr, Howe called witnesses to show the good character of the defendant, which resulted in his prompt acquittal. iliiam Hunter was placed on trial, the allega- tion being that on the 22d of Febriary he drew a revolver and threatened to shoot Thomas J, Baker im his liquor saloon, 333 West Forty-first street. ‘The evidence developed the fact that Hunter was an Orangeman, and that while in the saloon they got into a difficulty about their religion, Baker Claiming that toe defendant called him a Papist and used opprobrious epithets. Hunter's svory didered wideiy from the statement of Baker and his wile, for he solemnly affirmed that he was put out ofthe store and never carried a pistoi, Re- spectable citizens testified to his good reputation ha LN aaa) and a verdict of not guilty was ren- ere YORKVILLE POLICE COURT. Forcing a Man to Prosecute His Brother tor Forgery. John Coachman, a resident of East Twenty-first street, was accused of forging the name of his brother, George F. Coachman, whose name he signed to a letter asking Chris, Pullman of the Twenty-first ward to cash a check purporting to be signed by one Stepnen S, Lane. The accused ad- mitted to Detective Fallon, of the Twenty-first pre- cinct, who arrested him, that there was no such person as Lane. The brother refused to appear against the prisoner, but Justice Bixby, who was on the bench, nevertheless committed him for ex- amination, and issued subpcenas for his brother and Pullinan, The amount of the check, which Pull- man Was smart enough not to pay, was only $35. Mik Adulterating. William H. Rhodes, an officer of the sanitary squad, whilepassing through East Forty-fourth street yesterday morning, detected Henry Van Ohlen in the act of aduiterating milk which he in- tended for customers. Onlen Was arraigned in Court, and committed for trial. Attempted Theft of a Canary Bird. John Clark, of 445 West Fifty-first street, caught James Maher and another boy in the act of steal- ing a canary bird and cage from the basement of 309 West Fifty-second street, occupied by Mrs, Smith. He arrested Maher, who was held Jor trial, but the other escaped, Alleged Burglary. Elizabeth York, of 1,236 Second avenue, accused Thomas Mooney of burglary. It appears that the complainant and her husband occupy the two rear rooms on the second floor of the premises men- tioned, Mooney was employed as carpenter by the landiord to do some work in the rooms in Jront. During her absence the door connecting the front and rear rooms was barst open and $40 stolen irom a drawer which she had left locked when going out, She suspected Mooney of the robbery, and he was arrested by Detective Levins of the Nineteenth precinct. le Was committe for examination. BROOKLYN COURTS, CITY COURT—TRIAL TERM—PART I. A Magistrate’s Reputation. Before Judge Reynolds, Thomas Eames, Justice of the Fifth District Court, in Brooklyn, commenced an action in May last in the City Court, against John Scott, of Winfield, to recover $10,000 damages for an alleged libellous publication concerning his personal character and his reputation as a magistrate, which appeared in @ local paper on the Ist of May last over Scott's signature, ‘he offensive communication stated tuat certain persons “were hirelings and myrmi- dons of the Justice, and it was useless to set om foot before him a prosecution against them, especially James Malone, of whom Justice Eames was in mortal dread.” Other features of the communication were complained of as libellous, and the defendant, answering, admitted the pub- lication and the authorship, putting in issue its libellous character and setting up good motives and justifiable ends. The case came on to be tried yesterday in the City Court, Judge Reynolds deny- ing the motion of defendant’s counsei to dismiss the complaint and for a non-suit. Without calling any witnesses for the defen tthe case was given to the jury, who returned a verdict, after an ab- sence of ten minutes, giving the plaintiff six cents aamages. Datley & Perry for plaintiff’; James Troy and John Cooney for defendant, CITY COURT—TRIAL TERM—PART 2. Action for Personal Injurics. Before Judge Neilson. An action has been brought by Julia Kally against Mary White to recover $5,000 damages for injuries received by falling through a coal hole in front of defendant's house, in the Eastern District, ‘The plaintiff was severely hurt, and her physicians Le of Hs opinion that she will never fully recover, Jase On. ART MATTERS, Signor Pietro Vaini, If we have not hitherto invited attention to the works of this artist it is not because they do not contain suficiemt material for the repayment of in- spection. Some of his latest craftsmanship is to be found in bis studio, in Dodworth Buiiding, at the intersection of Twenty-sixth street and Fifth ave- nue, The studHo itself is more inviting than most ateliers, because of the picturesqueness and com- parative sumptuousness of its accessories. In this respeet it bears some resemblance to the quarters occupied by Signor Vaini in Rome, and of which a good idea can be gleaned from one of those reminiscences of?his palette in which he may be said to have photographed it from memory, Signor Vaini’s work is versatile, and in- dicates his posseasion of a charming group of ar- tstic faculties, any one of which, cultivated to its utmost limit, would enable him to become a suc- cessiul specialist. In taking @ rapid glance at what his studio contains, we encounter a brilliant piece of coloring in “fhe Page,” representing one of those brown-eyed and uous Cherubinos of the court, in blue velvet suit and violet silk stockings, ar bee his master's cloak, rapier and plumed bat. ie effects are broad, free and almost glar- ing; and Signor Vaini does well to keep in imme- diate juxtaposition a sombre composition entitled waiter the War,” representing a famished mother bag 407 ing in her arms of de- spair her famishing child. There are also # pastel portrait of Mr. Clarence Seward's daughter, and several small unfinished paintings in ol which indicate the artist’s ambition to reproduce upon the canvas American ideas of home and domes- ticity, Many will be of the opinion that Signor Vaini’s studies are quite as interesting in their way as the majority of those works to which he gives &@ mame denoting more elaboration. His studies of he: for Ube among which we find heads of I entente old men, old women, youths, amd red-hoeded cardinals, betray a very vigorous grasp of characteristic expressions, quality which ought to make him eminent as a portrait painter, and which, added to his other undeniable talents, will probably soon bring him into even greater Per ee mene than that he has pd oo alter eighigen months’ residence STOKES’ THIRD TRIUL. —+—_—___ Coroner Young and Ex-District Attorney Fellows on the Stand. Colonel Fellows Excused from Testifying to Stokes’ Threats Against Fisk. CLOSE OF THE PROSECUTION. Opening for the Defence—Counsel Indisposed and Unable to Conclude, THE PROCEEDINGS YESTERDAY. he fourth day of Stokes’ third trial proper opened with a rush on the part of the general pub- lic that betokened an increasing interest in the proceedings as the trial progresses, The testi- mony yesterday covered all the more important and interesting episodes of the first trial, the scenes at the dytng man’s bedside, the production in court of Fisk’s clothes, the perforations made by the pistol bullets—the still, truth-telling evidences of death’s wasteful entrance; the medical treat- ment, and all the saltent points for and against the prisoner, The latter went through the ordeal without @ tremor or sign of excitement, with one single exception, when tor a moment his calmness Jorsook him, and he would have arisen and expressed himself with regard to the par- ticular testimony then being given, but that he was restrained by affectionate hands, who preterred that the witness should pro- ceed rather than that the prisoner suould person- ally rise to a contradiction, This was when the witness Parker swore that Stokes, in the Police Court, said that “Fisk was a blackmailer and @ loafer, and that he (Stokes) carried a pistol and would shoot him.” Beyond a passing excite- ment at this moment Stokes wag himself through- oat the whole of the day—even during the most serious part of the testimony against him. YESTERDAY'S TESTIMONY. The first witness examined was NELSON W. YOUNG, CORONER. He testified to arriving at the Grand Central Hotel about six o’clock in the evening, and his hay- ing taken a description of the pistol and bullets, and turned them over sealed to Fisk’s attorney, and, alter the last trial, to the District Attorney. On cross-examination the witness said when he arrived Fisk’s room was crowded, and he could not get in at first, as Fisk was making his will. Q. Was Jay Gould there? A. I don’t know, sir;I shouldn’t know the gentleman if I saw him, In reply to further questions the witness said he examined the clothing at Fisk’s house a few days after the funeral, and took a description; the col- ored man took them out of a closet; they were in @ valise, and witness cannot say whether the valise was locked; the colored mano took them away, and witness cannot say where they were put, but he told the colored man to keep them locked; on that examination he found only five bullet holes in the cloak; he thinks he did not look at the lower part of the cloak; there was a stenog- rapher taking testimony at the inquest, and Red- moud and Hart were examined; there was a Mr. Edwards on the ante-mortem inquest, but witness does not know that his place of business was next the Grand Opera House, and that he did business for Fisk. MRS. BISSELL'3 TESTIMONY. Mary M. Bissell, who resided at No. 350 West Twenty-third street in January, 1571, opposite the Josie Maustield mansion, testilied that on the aiter- noon of that day she saw a C.upé drive up and stop at Mansfield’s door; the person inside got out, but immediately re-entered, and drove away by Eighth avenue; the same afternoon she thinks she saw Mrs. Mansfield at the window; she saw Colonel Fisk’s carriage on the street the same aiternoon, waiked up and down the street; she did not recog- nize the person tn the carriage, and she saw no signals pass between him and the persons at the window. duies T. Vinot, who kept a tailor store under tne hotel, testified that he heard the shots; ray around to the iadies’ entrance, and saw Fisk on the stairs; he did not see the hotei boys there; a crowd imme- diately rushed in, Patrick McGowan, engineer at the hotel, testified that he was standing near the office when Stokes came down stairs, and said, “THERE'S A MAN SHOT UP STAIRS; GET A DOCTOR,’ On cross-examination, McGowan sald Stokes looked pale, bewildered and excited. The ques- tion whether he looked like @ crazy person was ruled out. John H, Comer, who was private secretary to Fisk, testified that he arrived at the hotel some hours after the tragedy, took possession of Fisk's clothes and turned them over to the valet, On cross-examination the witness admitted that he gave addresses of wiinesses; he paid one witness, Mr, Curtis, and he paid expenses to Miss Grace Hall. MR PARKER'S TESTIMONY. Andrew Parker, head clerk at the Manchester House, testified that he saw the prisoner at the Hoitman House, and had a conversation with him about the trouble with Fisk in Judge Bixby’s Court; Stokes said Fisk was a blackmailer and a loafer, and that he (Stokes) carried a pistol, and would shoot him, At this periud the prisoner lost his calmness, flushed in the face, and was about starting up to contraditt the witness, but his mother restrained him by pressing his arm. On ‘cross-examination the witness said he en- listed lor two years in the army, but came back after the battle of Bull Run; he was once servant ina billiard room; it was John R. Kemball who introduced him to Stokes on that occasion; he made no remark when he heard Stokes’ words; he was surprised, but not speechless; Mr. Kimball and Mr. Howard were present; knew Fisk and the Grand Opera boys, and never told them about Stokes’ treat. Mr, Tremain cross examined the witness, but eet at variance with the direct testimony was elicited, COLONEL FELLOWS ON THE STAND, John R. Feilows, ex-Assistant District Attorney, testified that he represented tne people in Judge Bixby’s court the morning of the homicide, in the case in which Mrs. Mansfeld and Stokes were pressing & suit for libel against Fisk; he returned from court in the same carriage with Stokes and oe counsel, Mr. McKeon, and they had a conversa- en. Mr. Tremain objected to the conversation being put in testimony, as the conversation between a chent and his counsel should be AS SACRED AS THE CONFESSION MADE BY A PENI- TENT TO A MINISTER. Judge Davis said the conversation did not .di- rectly reier to the prosecution at Judge Bixby’s court, but arose out of other proceedings pending, which led to his giving the advice, in which Mr. McKeon concurred, that the prosecution in that court be abandoned; that the witness did not hold the relation of counsel to the prisoner, and his con- versation with nim was not of the privileged char- acter of commuications made to the District Av lorney or to private counsel. Mr. Tremain them formally entered objection to the ruling, on the ground that, thougn the libel suit Was in the name of Mrs. Mansfield, Stokes was @ party to it; he was a witness jor the prosecution, and Mr. McKeon was his private counsel, Immediately after this Judge Davis said the witness had communicated to him What the con- versation was. It was of such @ character that he should rule it out unless @ foundation was had by proving that an'indictment had then been jound against the prisoner, ‘The witness was then directed to stand aside. George Bardine, Fisk's French interpreter, tes- tified that he uever saw a pistol with him. John T. Reamond, recalled by the defence, de- nied that, standing on the first step of the private stairs, to the right of Fisk, he could have seen Thomas Hart at the head of the stairs, bebind Pike unless Hart was within three feet of the Mr. Tremain sald they would have other testi- mony on that point. The Court then took a recess, After Rece: THE MEDICAL TESTIMONY. Edward T. D. Marsh, Deputy Coroner, was called to the witness chair alter recess, Mr. Dos Passos objected to his testimony until the connecting link, Henry De Corley, to whom the pistol was handed by Miss Hall, who found it, was produced. Objection overruled. Objection was then made to the identification of Fisk’s cloak by witness, un- til the defence proved by witnesses that it was in Qn altered condition trom that in which witness saw it. Judge Davis said it made no difference when the testimony was given. Dr. Marsh then described the result of the post Mortem examination of Fisk's body—tho wound throug the left ari from the first shot, the second wound in the abdomen and the finaing of @ bullet in the muscle behind the left thigh, deep back. He testified that death was caused by shock and eritonitis from the wounds. The fatal bullet en- red just below the stomach and lodged near the thigh bone, passing twenty-two inches in a straight line from the point of entrance. CROSS-EXAMINATION. On cross-examination Dr. Marsh sa the post- mortem was conducted by him in Fisk’shouse, and there were about twenty physicians present. ‘The witness was cross-examined at great length, pra et as to the different moaes by WHicn a ouer wound) in the abdomen would cause death. There wag not enougn peritonitis to cause death; the opinion that shock and perivonitis caused death was not caused by post-mortem appearances, but by the knowseugr that shock always accompanies such wounds, Q. {ff an analysis of the stomach showed the presence of narcotic poisons enough to cause death, what then? A. There was no analysis of the stomach In this case. Q. Suppose the case! named? A. Then I would Say death was caused by poison. Q. Isn’t morphine introduced under the skin More powerful than by the mouth? A. Yes, but M you introduce it under the skin you won’t it in the stomach. Q. How much morphine will kill? A, Two ins of morphine taken iuternally and two-thirds of a grain under the skin might cause death; shock Was the principal cause of Colonel Fisk’s death; but this was combined with peritonitis. To the District Attorney—There might have been & possibility of Fisk getting well; men die from shoes when the post-mortem examination reveals ‘to Mr. Trematn—In the Crimean war the per- centage of deutis from bullet wounds in the abdomen Was ninety-two, and in our late war the percentage was seventy-iour, Colonel Fellows was recalled, In calling him to the stand it was stated by Mr. Russell that the ob- ject was to prove the animus of the prisoner’s mind. ‘This Judge Davis would not admit. Colonel Fellows, being shown the cloak worn by Colonel Fisk when shot, said that the holes in the cloak were the same as when the garment first was brought to the District Attorney's oice; he did not remember the number oi holes, COLONEL FISK’S CLOAK. An offer was made by the prosecution to put the cloak on a pergon of tne size of Colonel Fisk, 80 as to show the dfrection of the bullet fired. There Was quite an argument on the subject, which ended in the application being withdrawn for the present, CASE POR THE PROSECUTION. Mr. Russell said that possibly they might wish to call one or two witnesses, and desired to hold this privilege in seserve, Mr. Tremain said he did not care to enter on the defence until he nad heard the whole o1 the evidence on the other side. Judge Davis thought it no more than fair, and granted the request. OPENING FOR THE DEFENCE, Mr. Dos Passos now proceeded to open for the defence. The fate of the prisoner was not the only Issue involved, but the efMicacy of the system of trial by jury was to be severely tested by their ver dict, This beautiful system had survived the ruins o! the past. This man on trial Jor his life solemnly asseverates that he has not yet enjoyed the ines- timable boon of a trial by a fair and impartial jury. Had he been thus blessed be would not beon trial now. In the pre-ent jury they had the utmost confidence, In the present condition of the com- munity it was, unfortunately, true that a man on trial for his life was likely to talla victim to the prejudices of the day, based on newspapers whose evidence was made up of the unreliable gossip of the community. Go with him to the hotel where tuis affair occurred. Was it to be supposed that trom @ hotel flied with the emissaries of Fisk truthful accounts would be given to the news- papers? Not one kindly word was uttered for the prisoner; no wora of doubt was thrown out that there might be two sides to the story. This pris | oner Was stamped a cold and bloody murderer, Alas for the rarity Ot Christian charity Under the sun! This community desirea to hang this young man, against whom there had never belore been breathed a word of reproach. Go to the Ooroner’s jury, and we fing that a ridiculousand nonsensical verdict was given. This body of modern Dogberries were under the influence of popular prejudice, and their verdict will ever stand a monument of their bigotry and ignorance. {he prisoner was not al- lowed to say a word. His counsel were muzzled. At this stage of his opening Mr. Don Passos, having spoken but filteen minutes, compiained of sudden indisposition and had to ask the Court to allow him to finish his opening in the morning, which was readily granted. Having notified tne witnesses to ve In attendance promptly on the resuming of the Court, an adjournment was or- dered till ten o’clock tuts morning. OBSEQUIES OF MISS MUHLBACH. Further Particulars of Her Life. BERLIN, Oct, 2, 1873., Clara Mundt (known by her nom de plume as Louise Mhipach) whose brilliant pen was but re- cently at workin Vienna and at Ems for the en- tertainment of the readers of the HERALD, is no more, Achronic affection of the liver terminated her eventful career, and the day before yesterday | her earthly remains were carried to their final Testing place by the side of her husband’s grave | at the St. Matthew Cemetery. The funeral service was very imposing. It was attended by the promi- nent léerati, editors and publishers of this city; Baron Von Htsen, the royal impresario; Baron Von Korfl, the son-in-law of Meyer- beer, and other distinguished persons. The large front hall of the dwelling, Potsdamer street, was decorated with plants and shrubs; in its centre, on a platform draped in black, stood the cofin, almost hidden by fowers and wreaths of evergreen and laurels, The Rey. Mr. Sydow de- livered a most appropriate and touching sermon, giving comfort and consolation to the afflicted relatives, and offering golden lessons to all his. hearers. To the brother, sister and daughters of the deceased he said that the fame of their illustri- ous dead would live beyond the grave, and that in this and in other countries the sympathies of hundreds of thousands of citizens were with them, To the assembly of mourners he said that they of: whe literary professton, far more abie than he to Juage of the ‘attainments and talents of the de- parted, should bear in mind the words of the Apostle Matthew, chapter vii. His duty as a minister of the Gospel, he said, was not to judge, but to bless, and though the deceased had hadher own religious conceptions, she expressed to him, twelve years ago, at the deathbed of her husband, Professor Theodor Mundt, with whom for twenty-two years she lived in the most happy wedlock, her firm conviction of the existence ol a future life, Then she exolalmed, in the depth of her grief, “It cannot be otherwise, A mind like his, which originated so many sterling works, can- not pass away to nothingness,” Louise Mtthlbacn, daugiter of the Privy Coum sellor and Chief Burgomaster of Neubrandenburg, Prussia, was born January 2, 1814, in that town. Having received @ superior education under the parental roof and afterwards ata iemale college, she gave early proofs of a mind well organized, and displayed a strong taste jor literary pursuits, An acquaintance which sie formed with Tueodor Mundt, Doctor o! Philosophy and Philology (born 1803, in Potsdam), an author o! considerable re- nowa, and belonging to the liberalist party, at that time called “Young Germany,” led, in the ear 1830, to her marriage and settlement in Ber- in, Dr, Mundt, until then an eyesore to the re- actionary government, now obtained (1842) a proiessorship. He wrote numerous criti- cal” and novelistic works, diaries of bis travels in foreign countries, treatises on State Policy, the science of wathetics, &, &, and his powerful and brilliant style greatly con- tributed to vhe improvement of the daily and peri- odical press. His productions in later it ‘om 1854 to 1861—the latter beuig the year of his death— were exclusively historical novels. A similar transition from a sentimental and racy novelist to a writer of historical narratives was observed in the case of Ids wife, Clara Louise Mihibach, who a Jew years aiter her imarriage—irom 1842 to 1849— wrote novels such as “Fortune and Money,’ ‘Se- creta of the Courts,” ‘The Daughter of an Em- ae “Justin,” “Gisela,” ‘kva,” “Alter the edding,”’ “A Berlin Romanee,” &c., &c,, which, though warm in color, of lervid passion and rich in imagination, were not always in full accordance with the artistical and ethic standard. Her ro- mance “Aphra Behn,” 1848, the last of that style, shows @ a Sd improvement, She now devoted herself exclusively to the historical romance, de- veloping @ most extraordinary prolifcness, Her voluminous works on ‘Frederick the Great,’ “His Court,” “His Friends,” “His Rela- tives,” “Berlin and Sans Souci,” ‘Napoleon Land His Family,” “Napoleon [in Germany,” “Empress Josephine,” “Queen Hor- tense,” “Emperor Joseph I. and His Court,” “prince Eugene and His Time,” ‘Emperor Leo- pold I, and His Time,” “Archduke Joun and His r ‘The Great Palatine,” ‘vount Vou Bent- ore ” rmany’s Period of Amiction,” “The Old Fritz and His Time,” & read in numerous editions were published and \d transiated into all he modern languages. The latest works {rom her n are:—“Kaiser William and his Time,” “The ‘hirty Years’ War,” “Emperor Ferdinand L,’? “etters trom Egypt,” ‘‘Menmed Ali,” ‘Mehmed Ali and His Harem’? and “Cardinal Girao.” Unfin- ished works she Nong byl ero t orld Jesuits” 7 niggratz to Chisle any toon taviancion from the Khedive she went to Egypt in the spring of 1871, and a second thine in the winter of 1871, While there the first tine the Crown Prince of Germany and the Duke of Gotha, then at Versailles, sent her triendly letters and souvenirs. wise Mtthibach was a favorite of the Emperor William, the gases of Holland, Prince George of Prussia and of many persons high in station. The Emperor awarded to her the large Geld Medal for merit, and presented her with @ braeclet contain. ing his picture set in diamonds, She had traveiled all over Europe, been the ment its Coarts, and =] formed acquaintances with the leading statesmen, artists and savans, Her apartmeats—now no longer the rendezvous of the ari of the mind—are adorned by a nuinber of ¢@ antique vases, pictures, minerals, ani Turki: rniture, a Eoncoet given Pius Ix. and hered by of the her at Pyramids, She was of a vivacious. and sanguine temperament, most amiable in disposition, and full of Kindgess to those ‘around her. “Ne despair! Wait for better times!” seemed to ve hi constant bye and of all her itttle trinkecs'she rized moat ly & seal on wi tree will blossom to-morrow im