The New York Herald Newspaper, October 19, 1873, Page 7

THE PHELPS DEPALCATION. Examination of Witnesses in Albany Yesterday. THE $15,000 LARCENY. Copy of the Draft Alleged to Have Been Stolen from the Treasury. A WOMAN IN THE CASE. The Modus Operandi of Phelps’ Operations. ALBANY, Oct. 18, 1873, The examination of the case of Charles H. Phelps, charged with the larceny of a $15,000 @raft while acting as cashier in the State Treasury Department, was resumed before Justice McNa- mara in the Police Court this morning. The prisoner was in court, accompanied by his coun- ecl—Judge Birdseye and Frederick A. Chapman — both of New York. Treasurer Ratnes was also present, accompanied by District Attorney Moak and his assistant, M. F. Conway. The case being called tie District Attorney stated that the Treasurer of Dutchess county had telegraphed him that he had missed the train and would not be here till one o'clock P. M. He then said to Mr. Chapman, of counsel for the prisoner, that if he would admit the genuimeness of the draft which the prosecu- tion now held the case would go on. Mr. Chap- man said, as the senior counsel (Mr. Birdseye) was here, but absent from the room at present, he would leave it to him to answer as soon as he came 4n. Mr. Birdseye coming in said it would be better fot to change the order of’ examination; that it would be best to prove the document, Mr. Moak then read the draft alleged to have een stolen by Phelps, of which the following is @ copy :— AOE CONROE NEARER Mencuants’ Narioval Bann, nearer. $15,000. Pouanxxnrsts, N. Y., Aug. 25, 187% Pay to the order of 8. C. Doughty, teller, fifteen} thousand dollars, 3 othe National Bank of the Commonwealth, New} ork. (Signed) L. G. DODGE, 3 No. 14,561. Vice President. 3 OCCU LOLE NO OIOL EEL OE DE SEDI DE DELETE MDE DED OS ORG) The endorsements on the back of the draft were a8 follows: ONION IONE OE DEDEDE DOS: pone rene sen A OOOOOOOE He: Pay to the order of W. C. Fonda, Treasurer of Dutchess county. (signed) 8. ©, DOUGHTY, Teter. 3 Pay to the order of Thomas Kaines, Bsy., ireas-$ gurer ‘of the state of New York. 3 (signed) W. ©. FOND. 3 3 Treasurer Dutch vy. 3 3 Pay to the order of Charles Hudson, Esq., Cashier. 3 wigned) STATE TREASURER, Per C. H, Puxurs, € (Gigned) CHAS. HUDSO: woven eeeroocroceesccreesveccecococey MR, CHARLES HUDSON CALLED, Charles Hudson was called and sworn. He said he resided in Brooklyn and was cashier of Sherwin & Co., bankers, No. 80 Broadway; have been there since June last; have not been in the habit of re- ceiving communications from defendant—the firm have; this draft was received by the firm, cannot Bay exactly when; have no memorandum on the books for it specially, the vouchers or ucket would show; my endorsement was made to deposit the drait in the Bank of Norton America to the credit of F. R. Sherwin & Co.; the proceeds were credited in our house to C. H. Phelps, cashier; these proceeds were drawn from our house; 1t was between August 5 and the middie of September; it Was drawn by check in currency; can’t say to whom; we have paid some to Mr. Pheips and some to others, Mr. Moak asked how much Mr. Phelps had de- posited with this house since July 1. * Mr. Birdseye objected, asking what that question had to do with this drait. Mr. Moak repliea that it was to show the intent of defendant. The Court thought the question proper. The witness said it was about $150,000; his ac- count was first opened about the lst or middle of July iast; Poelps has had no transactions with our rm as brokers: don’t know oi! his dealing in stocks; his account has not been balanced; I think his account is overdrawn; can’t say when the last deposit was made, but think about the middle of September; don’t know of anytning having been received since then; Mr. Sherwin opens the mails; his Jamily resides at Flushing during the summer; dvun’t know of any drafts being cashed for Phelps since the middle of September ; don't know of any one representing the company of Sherwin & Co.; 1am bookkeeper; I keep all accounts except stock accounts, which Sherwin keeps; I pay money over the counter; never paid currency over the counter to Phelps; have passed currency to Sherwin twice to pay Phelps; one check was for $25,090 and one for $10,000; can’t say exactly when the $25,000 was paid; it mignt have been in August; it was prior to toe 16th of September; THE TEN THOUSAND DOLLAR CHECK was paid afterwards; the endorsement, “Charles H. Phelps,’ is in the same handwriting as on the other ie at not to my knowledge was Sherwin Co. ever made the depository for State funds by the Treasurer; have no knowl- edge of their ever being so made by the Treasurer or Comptroller or eituer of their deputies; the first deposit Phelps made, Was, $300 in July; first saw Phelps about that time; Phelps called there about once a week, usuaily on Saturday, avout the middle of the day; don’t know of his being there out of business hours; have no interest except as clerk in Sher- win & Co.’s house; we kept accounts in the Bank of North America and the Bank of the Common- wealth; this drait was deposited with tne Bank of North America; there were about a dozen checks used in our business with Phelps, The witness was then examined by Judge Birds- eye for the defence. He said:—I am not able to tell at what time this draft was received. The wit- ness then stated who received the draits for de- posit, who deposited them and who paid the checks; the business was done by himself and Mr. Sherwin. He said :—I received this drait from Mr. Sherwin; supposed 1t was handed me with others; sometimes receivea Money with drafts, and the gross amount was credited tu Phelps; the account ‘Was opened to the credit of Charles IH. Phelps; this draft was so entered, and remained there until drawn by Charles H. Phelps, cashier ; all his checks Were thus signed except a few small ones; all re- ceived trom Phelps were credited to Charlies H. Phelos, cashier, and paid to him as Charles H. Phelps, cashier; he never had any business witn us on account of stocks; gave Phelps credit for this drait svon after receiving it on same day. Witness was asked ifhe knew whom Charles H, Phelps, cashier, represented. Mr. Moak objected. Mr. Birdseye said this was material, as tending to show that he was acting for the State, and that ail these draits went into this house without ms mark upon them. Mr. Moak replied that no money is payable with- out the signature of Kaines, the Treasurer, and if ‘we could show that Phelps used a certain means to secure the money, and that means was to repre- sent himself as CASHIER OF THE STATE, and thus impose on parties of whom he sought to ec tne money, why, We prove ail we charge. Mr. oak insisted that it wasa part of the scheme adopted by Phelps to secure the money and would have no Bearing against the charge. The only questiun here is as to the intent of the defendant to steal. It makes uo difference what means he resorted to to accomplish his purpose, The Court was of the opinion that this would be simply proving the declaration of the defendant, and thought Mr. Moak’s, objection not good. Mr. Birdseye said that a declaration accompany- nm act was admissibic, r. Moak withdrew the objection. Witness replied that be had no convereation ‘with Pheips as to whom he represented as cashier; have seen Pheips making deposits with Sherwin; Sherwin brought them to me and Lentered them; they were all by Pheips as cashier, except one or two small ones of currency; our house was simply the holders of these moneys ior Charies H. Phelps as cashier, To Mr, Moak—The deposits were made in the pri- vate office With Sherwin; they numbered six or eight, and varied irom $1,000 or $2,000 up to $40,000; don’t remember of any of $50,000, ‘The Court here took a recess for twenty minutes to obtain certain papers. On Feconvening ve was further examined by Mr. Mouk, and asked if there was not an ac- count.opened there last winter under tie name of FE. B. Phelps, and said he was net there last winter; there was an account with Bb. Phelps, but this ie the first time J knew it was the same person; these accounts were small and amounted to only about $16,000; don’t remember when that account ‘was closed; don’t know E. B, Phelps; don’t know ‘A WOMAN NAMED LOTTIK STEVENS; the account of Oharles H. Phelps was opened in July; the first deposit was of $300; don’t recollect the amounts of subsequent deposits; recollect where was one of about $40,000; don’t recollect if tuere were two of about $40,000; I recollect two flems in one deposit of $20,000 each, but do not Fecwl\lect of $2,000 additional at the same time ; the aggregate of deposits is about $160,000; rec. o.cct Phelps drawing verious sums from $1,000 to 000, but don’t recollect the dates; don’t recollect of woman ever Gtuwipa money on Phelps’ check; saw & NEW YORK WERALD, SUNDAY, OCTOBER 19. 1873—QUADRUPLE SHEET. rtificate of deposit for $25,000, drawn to hi Same; don’t know of Mr. Sherwin coming to Al- bany to see Phelps on one occasion; don’t know dames Wilkinson, sometimes called “Whiskey Jim;” never saw him, to my knowledge. The witness was shown a draft for $20,000, and identi- fied it. It was made payable to Comptroiler Hop- kins, and also made payable to Charles Hudson by Fulton Paul, Deputy Treasurer; another for $30,000, made payable to Thomas Raines, aud also made payable to Charles Hudson by the State ‘Treasurer, per Charles H. Phelps, cashier, were also identified by the witness. Another for $7,500, made payable to N. K, Hopkins, Comptroller, also made payable to the State Treasurer by Deputy Compesciter Gallien, and made payable to Charles Hudson by the State Treasurer, per Charles H. Phelps, was identified; another for $4,000, made payable to Comptroller Hopkins, also made payable to the State Treasurer Deputy Gallien, and made payable to Charlies Hudson by the State Treasurer, per Charles H. Phelps, was lukewise identified, To Judge Birdseye—These drafts are parts of the deposits already spoken ol, and came in the manner already testified to; the ene signed Fulton Paul, Deputy Treasurer, came with the same un- derstanding as those given Pheips, This ended the examination tor the present of this witness, CHARLES D. LEFFINGWELL was sworn and testifled as lollows:—Am receiving teller of the Bank of North America and have been for three years; he tdentified same of the draits as having passed threugh his bank from marks on them and said they were collected through the Clearing House; Sherwin & Co. kept an account with us. ‘1o Judge Birdseye—We never mention names on draits—simply amounts represented on ticket of deposit; these we credit; I was absent durin; August; my assistant acted for me at that time; have no knowledge of tuese deposits; Sherwin & Co.'s deposits were brought by their messenger; do not Know his name; know him by sight. Judge Birdseye- ave you not seen checks en- dorsed State Treasurer, per Charles H. Phelps, other than those received from Sherwin & Co. Witness—No, sir; | never look at endorsements ; my assistants do that; Mr. Jenkins is my first as- sistant; we have three who Lave that duty to per- torm. JAMES E. TOMPKINS was then sworn—Am paying teller of the Bank of Commonwealth of New York; he identified some of the drafts as passing through bis bank by marks upon them, W. ©. Fonda, Treasurer of Dutchess county, was sworn—He identified the draft alleged to have been stolen, in the charge against the defendant, and said it was sent to the State Treasurer to pay county taxes, ‘Yo Mr, Birdseye—Have never seen any of these drafts after they were returned; don’t know that any of them were endorsed “State Treasurer, per Charies H. Pheips, cashier ;” for the last year all my drafts have been procured trom the Merchants’ National Bank of Poughkeepsie; I always sent my money to the State Treasurer by draft on a New York bank; I had an account at one time with the Importers and Traders’ Bank, but do not think I ever sent a draft through that bank. Mr. Birdseye said he expected to prove that the signing of drafts in the State Treasurer’s Oftice in the way this draft was signed has always been customary in that office. The examination was then adjourned till Wed- nesday morning next. LEXINGTON AVENUE SYNAGOGUE. The Conflict Between Life and Law— Modern Times Better Than the Old— Discourse by Rev. Dr. Huebsch. The congregation in this synagogue began yes- terday the reading in course of the fourth book of Moses—Numbers—an introduction to which Dr. ‘Huebsch gave in his practical address to the peo- ple. This book contains a condensed history of the Jewish people irom the time the law was given on Sinai until their approach to the promised land, a period of about thirty-eight years. The Doctor’s text was taken from Isaiah, xxxv., 8— ‘And there shall be a path and a way and a holy way; it shall be called the way of holiness; no unclean shall walk therein.” The children of Israel had no sooner leit Sinai than they began to murmur for meat and for water and to doubt the ability of that God who had already done so much to supply these gifts to them in the wilderness, Here they have reared up ths Tabernacle at the command of the Most High, and have encamped around it according to their armies and: their tribes, each under its own ban- ner. The Levites, whose duties called them to carry the Tabernacle aud its service, are to lead the hosts In their marches from place to place. .There must be no clashing of authority, Each must have his own work and his own place as- signed to him; for order is heaven’s first law. Moses and Aaron had their positions to occupy, the Levites theirs, and then the several tribes in their order. But there were men in the camp of Israel, as there are in every camp, who canuot patiently submit to constituted authority and have no regard for law or order. Korah and his fol- lowers revojted against the jurisdiction of Moses and the priesthood of Aaron, but the Lord Himsclf swiftly and summarily cut short their rebellious spirit and purposes, They had come to the bor- ders of the Holy Land and Moses had sent spies out vo examine and report the nature and condition of the country and its inhabitants, and upon their Jaithful or faithless report depended their pro- longed or brief stay in the wilderness. We find that only two of the spies brought back a faithiul and true report of the land or its people. And for the uniaithfusuess of the rest the whole host had to travei up and down and hither and thither in the wilderness for forty years—each year to represent a day of the previous excursion oi the spies, Balak, King of Moab, gathered his forces against them, but, perceiving that he could not fight with any assurance of success, he called for Balaam to curse them. But Balaam did not help him in this regard. He did, however, seduce the people into the idolatry of Moab, and in this way excited the wrath of the Almighty against them. Then came another blow to Israel in the death of Moses, the man to whom they looked to lead them into the promised land. but he was simply to LOOK FROM PISGAH’s TOP and see the land before him, but not to enter therein himself, His lieutenant, Joshua, was to take his place. And from this we may learn a few things. First, We see in this history the conflict between life and law begun witu che oldest gene- ) ration of Israelites at Sinai, But the law triumphed, and not one of that gen- eration lived to euter the Holy Land save Caleb and Joshua. All the otuers died in the desert. And even Moses, the leader, disap- peared ; and uow there is no more the same gener- ation nor the same leader. But there'is anew generation and a new leader, and the people move forward as they did of old. And irom this we may learn, secondiy, that the Church of God does not depend upon one generation or one leader, but is independent of both, The truth is always standing in the highway of which the prophet speaks, and leaders and generations must rise up from their paths and by-ways into this eee wherein nothing unclean can walk. It is, therefore, apsurd for us to continually laud the old times as better than these. The comparison will not hold good, either ysically, intellectually or spiritually. There Was greater poverty in the olden times than there is now. There was then nothing between riches and poverty—no middle class from which men might rise to affluence and plenty. And where there is no middle class in s0- ciety there must be extreme poverty and extreme weaith. We should, therefore, guard against these extremes by preserving, so far as we can, our mid- die classes. To be sure, we have no longer propuets as of old; but then we have culture more solid and complete, intelligence higher and more widespread and morality more generally prevail- ing among the people. We do not want to do away with the old unless it obstructs usin our growth, The tear leaders may not be what they ought to be—leaders; but leaders will disap- pear, while the jaw and truth of God shall stand as iirmly asever, We must see to it that we are not the unclean who are prohibited from entering into the holy way, and let us lead the young in the way of the Lord our God. In old times men fought re- ligious wars with sword, then with money, but now they light all such battles with the spirit of truth, For itis not by might nor by power, but by My Spirit, said the Lord, that sucn victories can be obtained, The Doctor referred briefly to the Alliance and the Free Religionists’ gathering, and in a kindly spirit to each, x OUSTOM HOUSE CIVIL SERVICE AFFAIRS, Contrary to all expectations and the general as- pect of monetary affairs business at the Custom House for the past week has been very brisk, yet by no means as heavy as during the same period just year. Since the establishment of the civil service rules the appointments made under the code by Col- lector Arthur have been of the very best kind; merit and not political preferences are the qualifi- cations necessary for appointment to oflice now. On the 20th inst. an examination wiil take place at the rooms of the Civil Service Board, under the supervision of Mr. John R. Leydecker, Special Deputy Collector, of ladies to fill an ‘existing vacancy of inspectress and for the appointment of simtlar oficials for two newly created places of the same kind, At present there are in service, attached to the force of the Surveyor of the Port, General George H. Sharpe, six tnspec- tresses, whose duties are to examine ladies on shipboara who may be ba pe | of smuggling. The pay of the inspectresses is $3 ‘per diem, and they are compelled to lavor very hard for tne piti- ful amount, Owing to the steadily increasing im- migration the present force of lady inspectors was insuMicient, hence the Secretary of the Treasury, on recommendation of Collector Arthur, Ganies ‘an increase of two, to be appointed sub- ect to Civil Service examination. ‘Thus far twelve applicants have signified their intentions to compete for the three om but it is doubtin) whether more than one-half will appear The qualifications necessary at the e: ination. ina candidate for these places @re the same as ex- acted irom mgle jnapectars THE COURTS. There was some expectation that the case of Grinnell & Co., who have filed a petition to have themselves adjudicated voluntary bankrupts, would be called up yesterday for hearing in the United States District Court beiore Judge Blatch- ford; but it was not alluded to inany way. As the injunctions restraining certain brokers who have had business relations with Grinnell & Co, from selling particular stocks in their hands have been all dissolved, it is possible that the matter (so far as the involuntary proceedings are con- cerned) wiil not again, for some time at least, be heard of in the Court. The case of E. L, Scott, of Erie, Pa., who has filed @ petition im the United States District Court for the purpose of having Kenyon, Cox & Co, declared bankrupts, had been set down for yesterday; but When the matter was reached on the calendar counsel on both sides agreed that it should go over for @ week. As already stated in the HERALD, there 18 an allegation in Mr. Scott’s petition to the effect that Daniel Drew, whom the petition describes as a@ member of the firm of Kenyon, Cox & Co., has made fraudulent transfers of property with the intent and purpose of delaying and hindering the operation of the Bankruptcy law. UMITED STATES DISTRICT coURT. Decision in Admiralty. In the case of James D. Lamb and William ©, Lamb vs. The brig Sarah Harris Jucge Blatchford has rendered his decision, The libel was filed to recover for supplies furnished to the vessel, The answer set up that the condemnation and saie of the brig at St, Thomas were fraudulent and with- Out necessity, and were not binding on the claimant and did not affect his title to the vessel, The Judge says it 1s not necessary to consider the question of the validity or invalidity of such sale, for the claim- ant i8 estopped, as against the libellants, irom setting up its mvalidity because he received the produce of the sale and retained it, The libellants are entitled to an interlocutory decree, establisb- ing a lien in their favor on the vessel for the money they advanced, They disbursed to her master, Terence Cochran, or Otherwise, at St. Thomas, for repairing, supplying and retitting the vessel, so Jar as such moneys were necessarily disbursed to pay Jor repairs and supplies which were necessary and proper to enabie the vessel to proceed to sea with saiety, and there must be @ reierence to ascertain the amount of such moneys. Other questions as to freight, &c., are reserved until the coming in of the report on the reference. John E. Burrill and Charles Donohue for the libellants. Edward D. McCarthy for the claimant, Business in Bankruptcy. VOLUNTARY PeETITIONS.—George Bird Grinnell, Joseph ©. Williams, Edward W, Converse, Julius P. Converse and George B. Grinnell. ADJUDICATIONS IN INVOLUNTARY CASES.—James Robb, Henry 8. Osborn, Louis Hoffer, Abraham Halle and Bernard Brummer, DiscHaRGE.—William H. Waterbury. COURT OF APPEALS. Decisions. Stubbins vs, Ross.—Motion to appoint a receiver granted, Earles vs. O’Donnell.—Order granted. Diossy vs. Stead et al.—Order granted. Moore vs. Pattison et al.—Order granted, Schneider vs, The Paragon Match Company.— Order appointing receiver. SUPREME COURT—CHA MBERS. Decisions. By Judge Fancher. Lazare vs. Osgood.—Order granted. In the Matter of the Claim of Dacostar’s Estate of R. Sturgis, deceased.—Motion lor commission granted, with $10 costs, to abide event. Grissler vs. Stuyvesant.—An order may be en- tered that this action be discontinued, with costs to deiendant, SUPERIOR COURT—3PECIAL TEAM, Decisions. By Judge Sedgwick. Hoffman vs. Fischer.—Order of reference to sipertain damages sustained by reason of injunc- on, Luddington et al vs. Miller & Brother.—Order that judgment of Court of Appeals be made the judgment of this Court, and for assessment of daniages by a jury. Fracking vs. Rolland.—Order for new trial on remittitur, COURT OF COMMON PLEAS—SPECIAL TERM. Decisions. By Judge Robinson. Leschof vs, Leschofl.—Divorce plaincis. Ward vs, Lemercier.—See memorandum, BROOKLYN COURTS. granted to UNITED STATES CIRCUIT COURT. Violation of the Pension Law. Before Judge Benedict, Frank W. Jones was placed on trial yesterday, on the charge of having violated the Pension jaw. The allegation is that Jones took from a widow named Jane Brenton the sum of $957 for coliecting @ back pension of $1,057. The law allows the col- lector of a@ pension, or a pension agent, as he is peo, best known, to receive only $260, Jones ad been a clerk in the Pension Office at Washinug- ton, and, while there, passed on tie claim of Mrs. Brenton, which was rejected. After leaving tue Pension Office, he opened business as @ broker in New York and importuned Mrs. Brenton to give him ber case. She did so, and he collected $1,057, out of which he gave her $100, The defence was that the accused was not an agent within the meaning of the law, and that he acted, not only to collect the pension, but as coun- sel tor the widow. The jury rendered a verdict of guilty, and sen- tence was deferred. Jones was admitted to batl in the sum of $5,000, to appear on the first Wednesday of next month. In the meantime tne point of law as to whether his services come within the mean- ing of the statute will be argued, SUAROGATE’S COURT. The Business of Last Week. Before Surrogate Veeder. Wills Proved.—Johu Williams, Heary Empting, j Mary Doherty, Martha ©. St, John and William | Halsey, all of the city of Brooklyn. Will Rejected.—Andrew Dvnworth, of the city of Brooklyn. Letter of administration were granted in the estates of the following named deceased persons, viz.:—Daily Dardy, of East New York; Henry Shute, Jonn Moore, Thomas Byrne, Vincent D. Dill, Margaret Burns, John Glaab, Patrick Carpen- ter, John Croan and Adolphus DeGrof, ali of the city of Brooklyn. Letters of guardianship were granted of the per- sons and estates of Rath Angeline Durland, Thomas ©. Dariand and Randolph Durland to Mary Knight, of the city oy Brooklyn; oi Jeunett All- ston Benton to Charles H. Benton; of Jane R. A. Armony, to John Armony, all of Fon du Lac, Wis. ADMISSIONS TO THE BAR The System Inaugurated by the Court of Appeals—A New Order of Things— No More Admissions to the Bar With- out Knowing Something About Law. The examinations for admission to the Bar are not exactly .what they used to be, Under the ‘Tweed régime the “open sesame" to the Bar was to be a politician or son of a politician, or bétter still, holding some office under the city govern- ment. Such glaring abuse# were practised that the Court of Appeals recently took tue matter in hand and laia down a system of rules regarding these examinations, lifting them up from the farel- cal degradation into which they had sunk, The Judges of the Supreme Court, General Term— Judges Ingranam, Brady and Barrett—fully alive to the new order of things, appointed for the resent examination men of the highest character fo the profession. This Examining Committee— Messrs. Edward Gilbert, William F, Kintzing and Charies A. kson—entered yesterday on their ex- amining duties, the examination being conducted in the Supreme Court, General Term, room. In- stead of the seventy or eighty who in late years | have appeared for examination, the number was only fifteen. and all these mostly law clerks, and each one presenting, as required by the Court of Appeals, certificates of three years’ study of law in a law ofiice, Mr. Gilbert examined them on con- yeyancing, admiralty and contracts; Mr, Kint- zing, on evidence, the code, personal rights and domestic relations, — an Mr. Jack- son, on real estate, surrogates’ practice and wills. In each branch the examinations were thor- ough and rigid, and mainly the responses were rompt and correct, showing @ careful preparation jor the trying ordeal through which, under the new rules, they would have to pass, A few who fatled to present their papers will be P.M. on next Tuesday. At the Edward Patterson, Benjamin J. Suliman and Wil- STOKES THIRD TRIAL. Conclusion of the Opening for the Defence. The Court Declines to Let the Jury Visit the Grand Central Hotel. THE DEFENCE BEGINS ITS TESTIMONY. + Very Little Oral Evidence, but a Good Deal of the Former Evidence Read. ree PROCEEDINGS OF THE SIXTH DAY. There is still no abatement of interest in the Stokes trial. As throngh all the week, there was yesterday the same large crowd in attendance, and with more ladies present than on any previous day. The prisoner preserved the same quiet de- meanor, and, as usual, was attended by his father, mother, brother Horace and sister. Most of the morning session was occupied by Mr. Dos Passos in completing his opening for the defence. The counsel had evidently recovered entirely from his indisposition of the previous day, and his ad- dress, though thought by many as too long drawn out, was characterized by marked vigor of utterance, and certainly was most attentively listened to by the jury. Mr. James M. Bixby and Rufus F, Andrews were the only wit- nesses examined, The rest of the day was con- sumed in reading from the printed testimony of the last trial. Most of the testimony referred to the proposed visit of Stokes to Providence, R. I., in Tegard to a horse race in which he was interested, pending the proceedings by Colonel Fisk before the Grand Jury to indict him and Mrs. Mansfeld for an alleged attempt to blackmail him. CONCLUSION OF MR. DOS PASSOS’ OPENING. Immediately after the opening of the Court Mr. Dos Passos resumed his opening speech for the de- fenve. He traced the history of the connection be- tween Stokes and Fisk, and represented the former as outraged and injured by Fisk, and the avenues of justice closed to him, notwithstanding which he showed no malice, but sought redress by the law. Up to the fatal morning of the homi- cide there was not a tittle of evidence of malice on the part of Stokes; on the contrary, that very morning he was a witness in the suit for libel brought by Mansfleld against Fisk, &c, He then entered the numerous proofs which the defence will produce, that Stokes had an appointment in Providence, and was making arrangements for going there all the torenoon of the homicide; that his visit to Mansfield’s house was for the purpose of getting papers connected with the racing bet to be decided at Providence, and that his visit to the Grand Central and the en- counter with Fisk as he was about leavin, were accidental, and the shooting done in sell- defence. He discussed the second theory of the prosecution, that, the meeting being accidental, Stokes formed on the instant the intention of killing. He declared that the law on the point is absurd, and referred to Stokes’ repeated calls for a doctor as proof that there was no murder in hs heart. The fact that Stokes only fired two out of the four shots which he might have fired was also insisted upon as proof of his having no intention to kill, On the other hand, it was argued, a man of vhe reckless and lawless character of Fisk was just the maa likely to attempt that which his heart dic- tated—remove the man who had the boldness to stand up in the courts of justice to obtain redress against him, though stokes uever succeeded, owin, to Fisk’s great power and the influence he had wielded over the Judiciary. The prisoner has sworn that he saw Fisk draw the pistol upon him, and that Fisk was likely to be armed would be proved by arespectable witness, who will swear that he was constantly in the habit of carrying a pistol, In bis concluding remarks Mr, os Passos dwelt upon the character of Fisk, whom he charged with the introduction into the metropolis of revolting immorality and inaugurating a reign of lawlessness, from the eifects of which we are only now recovering. He characterized him as a man totally devoid of manly principles and as one who wouldn’t scruple to go down in Wall street and, by trickery and fraud, rob the families of innocent men. Fisk, hecontinued, was a person who had no ig ne in his composition Jor the rights of any man. He it was who precipitated the Susquehanna Railroad war in his trespass on the prerogatives of private citizens, and it took the entire service- able force of New Jersey’s militia to restore order. Fisk was not the man to hesitate to put an enemy out of the way, and the pistol pocket found in the pants worn by the deceased at the time he was snot showed that the testimony of his triends to the effect that he never carried a pistol was an absurdity. Stokes was at all times apprehensive 01 violence and deata from Fisk, whose vile threats had reached him and whose murderous prociivities and the murderous prociivities of the hired gangs of rufians by whom he was constantly surrounded he jeared. TESTIMONY OF FRANCIS M. BIXBY, At the conclusion of Mr. Dos Passos’ addr Francis M. Bixby, brother of Judge Bixby, was called for the defence. He testified that on tne 6th of January, 1872, Stokes cailed at his oMice, in Nas- sau street, and inquired i! an indictment had been wong against him, as he wanted to go to Provi- ence. Testimony was offered through the witness as to the prisoner having expressed to him fears of his lite, owing to threats of Fisk, but it was ruled out jor the present. On cross-examination, by District Attorney Phelps the witness said Stokes wanted to know whether he might safely go to Providence, as ne feared being brought back on a requisition; he did not say that Fisk would not live to see him tried. The Court then took a recess. PROPOSED VISIT OF THE JURY TO THE GRAND CEN- TRAL HOTEL, On the reassembling of the Court Mr. Tremain requested the Court to give directions to the jury to visit the hotel where the homicide took place, and examine the locality, as the defence con- sidered this highly important before putting in their evidence. District Attorney Phelps said he had no objec- tion to this proceeding, and only asked that it be | done under such orders from the Court as to se- | cure perfect propriety. He had no objection that counsel should go there with them, Mr. Tremain said he earnestiy desired that the Court would make go opposition, as he thought it important some one should stand atthe head of the stairs, where Thomas Hart says he was, that the jury might judge if it were possibie he should not be seen by Mr. Hill and John T, Redmond, But he hoped counsel would not go there, as they would only confuse the jury. Judge Davis said there was no necessity for such a proceeding, as the jury could have a perfect idea of the locality from the diagram, besides which it would be dangerous; that a cool inspection now, without rae of the concomitants of the scene, would only lead aside the minds of the jury from the question at issue to such points as whether this man saw that man, He could not allow tt. Mr. Tremain directed the stenographer to note the application, and that the District Attorney made no objection, Judge Davis—And that the Court, of its own mo- pet the application as improper to be Mr, Tremain—And that counsel for the prisoner take exception. MR. RUFUS F. ANDREWS! TESTIMONY. The next witness called was Mr. Rufus F, An- drews, He testified that on the afternoon of Janu- acy 6, 1872, the prisoner came to inquire from him if be thought he might safely go to Providence ; the prisoner did not then ask i! he had been indicted, lor this reason, because some four days previously prisoner asked nim to try if Fisk was getting an indictment against nim for blackmailing; witness went to the ante-room of the Grand fir room, saw Fisk and some women there, and on his tell- ing Stokes the latter named them, and said two of them were intimates of Fisk; up to January 6 witness heard nothing of an indictment having been found, and he told Stokes he might safely go. READING THE EVIDENCE AT THE PREVIOUS TRIAL. The Court was occupied the rest of the day listening to the reading by Mr. Brainerd, counsel for Stokes, of the printed evidence o1 various wit- nesses taken at the previous trial. The book from which this testimony was read is a ponderous volume, which, though hardly reaching the pon- derous proportions of the famous Tweed indict- ment, Would do credit to any Congressional de- partment report. First in order was read the tes- timony of George A. Cole, a telegraph operato then of Colonel Amasa@ Sprague, of Providence, Rhode Island, President of the National Associa- tiou for the Promotion of the Interests of the Ameri- can KEN tal Turf; then of George H. Smith, Secretary of the above-named association; then of John L. Doty and Samuel McGloughiin, two weil known turftes. ‘There were aiso read extracts from & trial book of the association referred to, the whole of the testimony thus far read havin reference to the dispute between the prisoner an H. M. Smith as to @ race atthe People’s Park, in Providence, between Stokes’ mare Josephine and sSmith’s mare Juno, liam ©, Reed, the Committee on Character, will meet and make such examination of the moral fit- ness of the various candidates as is required under the new rules. The eke tone, worth and dignity that will be given to the future members of the Bar in this ofty under this Dew system is too apparent So heed pomment “We don't propose to try this horse race,” at ney, poke up the District Attorney, rather wearily. “Neither do we,’ rejoined Mr. Tremain; ‘but the pertinency of the cviaence wili be seen before the Coroner, was next read. This witness, who has since deceased, drove Stokes on the day of the shooting from the Hofman House to Mrs, Mans- fleld’s residence in West Twenty-third street, and thence to the corner of Broadway and Fourth street. ‘The only special point in the testimony, as will be remembered, ts that Stokes, to quote the witness’ language, ‘‘was a little pale and appeared tobe put about.” When the reading of his testi- mony was concluded Mr. Tremain said that they had done a good day's work and were pretty well fatigued aud would like an adjournment of the Court. If the Court, however, was anxious to go on, he would read the previous testimony as to the character of Fisk, “You had better go on,” said Judge Davis. Mr. Phelps said something in an undertone to the Judge, and the latter, at once changing lis mind, raid, “We'll go no farther to-day.” “Come to think of it,’? said Mr. Tremain, “there is a witness here who would like very much to be examined to-day.” “We'll hear his testimony, then,” Judge Davis, “The witness has just gone,’’ spoke up Mr. Dos Passos, ‘He must have gone,” interrupted Mr. Tremain, “when Your Honor said you would go no Jarther to-day.” “More likely,’ answered the Judge, smiling, “when I said we would go on.” After ali had approvingly reciprocated the ju- dicial smile Judge Davis announced to the jury that he would adjourn the Court till ten o’clock Monday morning. He expressed his regret at still having to keep them together, but hoped that they would be made comfortable at their hotel, He told them, however, and some laughed atitas a [ea joke, that if they wished to go to church on Sunday they could do so if they went in a body and attended by the officers in charge of them. And thus closed the sixth day of Stokes’ third trial. THE DETECTIVES’ BLACK LIST. Assistant District Attorney Allen Says There Are Three Honest Men at Police Headquarters—Interview with Mr. Da Costa—The Black List in the Hands of General Duryee. It was rumored about town yesterday morning that a “raid”? on the detectives at Police Head- quarters was under contemplation by the District Attorney, for the reason that the majority of them had been guilty of malpractice tn office and pecu- lating funds. The charge was of so sweeping ana wholesale a nature that a reporter was instructed to make investigation into the matter to see if there was any truth in the report, or whether it was a mere idle rumor. The following is the result of the reporter’s investigation :— INTERVIEW WITH ASSISTANT DISTRICT ALLEN, The first person called upon was Assistant Dis- trict Attorney Allen, who consented to give an audience with the HERALD reporter, and the follow- ing conversation ensued :— ReporTeR—It 1s reported that complaints have been lodged in the hands of Police Commissioner Duryee in reference to criminal offences com- mitted by headquarters’ detectives, and I have come to ask you, Mr. Allen, if you will give me any information concerning the matter. Mr. ALLEN—Yes, that is perfectly true, and we are waiting to see if they will treat it as they did the case of Captain McCullough. _ REPORTER—Well, Mr. Allen, will you give me the names of the men against whom charges are pend- answered ATTORNEY ing? fir. ALLEN—The matter will soon be made pub- lic, and I think tor the present I nad better be silent. This is how the matter works, the com- plaints have been sent to the Board of Police, and if we think down here that the matter will not be treated fairly up there we suall send it before the Grand Jury, which meets on Monday. ReEvorTBR—I do not want to bother you with too Many questions, but [ should be obliged, if you will not consent to specify names and oifences of the detectives, if you will tell me how many are ex- empt from fraudulent allegations ¢ Mr. ALLEN—Do you mean altogether, including the Bank of England business ? RerorteR—Yes; Ishould like to get the total number. Mr. ALLEN—Well, thuse who are it gg to have clean hands number about three; but I can- not consent to give their names nor those of the reputedly guilty ones. We mean to have a gen- eral sweeping out—too much well known corrup- tion has existed for long years past in that depart- ment. The documents have merely passed through our hands, while the proofs are in the hands of other people. This matter, 1 can assure you, is bound to cause a great sensation, unfortunately, as showing the corruption of our detective system. RePorteR—Trhen, Mr. Alien, before I go, you will not consent to give names ani offences! Mr. ALLEN—NO; 1am sorry I can not oblige, but the matter will be made public soon enough. Why care you go and see Mr. Da Costa? He can give you, if he Will, some interesting information. COLOMBIA. Special Details of the Origin and Progress of the Revolutionary Movement at Panama— Twelve Days’ Fighting in the City—Flight of the Rebels—United States Naval Forces Landed—Discipline and Esprit—Material Losses and a Case for Ameri- can Interference. PANAMA, Oct. 7, 197%, The city of Panama has been again the scene of &@ Sanguinary conflict, During a space of twelve days the lives of all residents, both foreign and native, have been at the merey of thousands of Stray shots, which, night and day, whistled about the streets, PARTY AND POINTS OF CONFLICT. To give a detailed account of the fighting of the twelve days would be tedious to your readers, more particularly as the whole affair has been commenced and maintained by some 500 blacks of the outside party, while the government had never more than 300 men armed. Ever since the 7th of May, when the national troops stationed here attacked the outsiders and compelled them to agree to the deposition of their newly appointed President, Damaso Vevera, and that General Gabriel Niera, then in exile, should be recalled to the Presidency, it has been evident to all that the liberals or blacks were not contented with the sub- missive political position into which they had been forced, Abouta month ago they commenced to give evidences that they would soon resume active operations, Some thirty or forty of them met at the little village of Farfan, about four miles from Panama, appointed their leaders and commenced drilling to arms, So soon as the news got abroad that a camp had been established numbers of their partisans commenced to leave the city to join the ranks. By the 23d of September they had Tormed companies and had nearly 600 men, although the greater part of them were not at all well armed. On the 22d of the month the government sent a scouting party out in the direction of the hostile camp, but from the nature of the ground it was impossible jor them to do anything, and they re- turned the following night at about haif-past ten o'clock. THE ENEMY quietly entered the Arrabal and took up positions in houses which evidently had been determined on beforehand. The few pickets on duty were driven in alter considerable firing had taken place, and Colonel Pernett, commander of the government troops, had been wounded, By about two A. M. on the 24th September the firing had become very hot, and with but slight cessation was kept up until the evening of the 5thinst., when the enemy retired from the positions they had taken. a portion of them returning to their old camp at Farfaw or Pampano, and the remainder, with their leader Correoso, retired to the plains on the other side of the city. The part of the city they ha@ occupied presented a sickening and painful scene. Although every care had been taken to bury the dead, to prevent the conquerors judging their losses, the numerous blood stains and the smelb from certain localities proved that many had died. In fact, their wounded received neither attention nor care of any kind. It is supposed that from 80 to 100 have been killed between the two parties, and a much greater number wounded. The prop- erty damaged from occupation and the cannon and rifle firiug must exceed by far $100,000, UNITED STATES NAVAL POLICE ACTION. Admiral Almy, United States Navy, had already on the 23d landed a strong force from the war ships Pensacola and Benicia, and on the 27tha turtner force of over 100 men was Sent into town and quartered in the Assembly House on the principal square. Finally these latter troops were withdrawn, because the American officers, finding themselves in an anomalous position, likely to be under a cross fire, and with strict injunctions not to move out of the edifice they occupied, sent one of their number on board to the Admiral to explain their position, and obtain definite instructions. The Admiral could not give these detinite instructions, since whatever movement the troops might make would certainly assist one party or the other, and he therefore gave orders. jor their immediate embarkation, The number of United States troops at the Panama Railroad depot has now been reduced to fifty, and this number, I should suppose, will be re- tained on shore as a permanent guara until some arrangements are come to or instructions received from Washington. EXCELLENT ESPRIT. The men from the ships have behaved splendidly while on shore, and although, fortunately, there has been no need for their active services in pro- tection of foreign interests, there is no doubt they would have been cheerfully and usefully given had Thanking the Assistant District Attorney for his courtesy, the reporter leit him aud made his wa: to Mr. Da Uosta, of the firm of Blatchford, Seward, Griswold & Da Costa, in Nassau street. INTERVIEW WITH MR. DA COSTA. Mr. Da Costa was, fortunately, found in his office, and the following conversation took place :— REPORTER—I am sent to you by Assistant District Attorney, Mr. Allen, to see if you will give any in- formation respecting the charges against head- quarters’ detectives preferred by you. Mr. Da Costa—Well, I think it is hardly fair to Make such a request of me. Ali l can say is that the charges in question were handed to Poilce Commissioner Duryee iast Thursday afternoon, and he has promised to bring the matter betore the Police Board. I do not know wiat day they meet, but it ig in good hands, REPORTER—I am forced to say, then, that you de- cline to give me the information the HERALD asks. Mr. Da CosTa—That word ‘decline’ is some- what strong. I merely mean to say, itis not ex- pedient at the present moment, jor if the men knew the charges preferred against them they would immediately commence preparing some defence, so | think it is better to Keep quiet on the matter till the cases come on for trial. I would willingly give the HERALD ail the information | am able on the snoject, but in my honest belief the ends of justice willbe better served by my reti- cence at the present moment. Reporrer—it is reported that the Police Com- missioners ignore Generai Duryee to a great extent, and hold meetings without this knowledge. Mr. Da Costa—That is because he is a respectable man. You must kindly excuse me, as 1 havea client who is waiting to see me. Good day, sir. Good day, sir, echoed the reporter, and the in- terview terminated. THE NATIONAL GAME. The Nameless Gentlemen Defeat the Powhatans. The home and home game between the Name- less and Powhatan clubs, of Brooklyn, was con- tested on the Prospect Park grounds yesterday afternoon, and resulted in the signal triumph of the gentlemen of ihe former organization, the score standing 23 to 3 at the close of the sixth in- ning, when darkness necessitated a cessation of hostilities, Each nine was short a player and had to take in a substitute, but this did not in any way alter the Powhatans’ chance of victory, as they failed throughout to hit Valentine. Wiison was quite wild in his delivery, but the Nameless boys seemed to have little difficulty ia punisuing him. Grierson caught in his usual excellent style, two very hot foul tips taken from the bat being warmiy applauded. Smith, too, guarded his base in the most perfect manner. Mayhew and Valentine each made @ clean home run. ‘The following is the score :— 1B.P.A -1B.P. A. 0071 200 3. 120 060 371 025 010 O10 270 130 ne, 311 0 2 8 Thetford, 's 1o2 0 0 0 Mayhew, c.t. 300 0 3 1 Carpenter, r. voo #181 Totals.....06....25 1818 4 INNINGS. dst, 2d, 3d, Mth, 5th. Cth, z 0 LT 0 0° O38 Nameless. 5 5 5 8 2 52 Umpire, cord Clab; time of game, minutes; first base by errors, Pow: one hour and n 3 eles 7 ume hatan 2 thines, 0, Nameless & Tuns earied, Powhatan On Friday night the toremen of the dock labor- ers on piers Nos, 4and 5 Kast River notified their subordinates that in future their pay would be re- duced from twenty cen's to seventeen and a half cents per hour, and that those who rejec ted the terms need not enter an appenrance. The conse- quence was that the whole force of laborors, about eighty-five in number, “struck’’ yesterday morn- ing, refusing to work except upon tie oid terms, They appeared upon the piers, however, and Mr, Haistern, fearing a riot, sent for the police, A number of Italians were procured by steamer to supply the places of the malcontents, but ou learning the cause of the “strike” they very judiciously refused to work, The dock laborers claim that as they work “by the hour,” and are liable to be “knocked off’ at an moment if & shower comes up or business is dull, they cannot afford to toil for the paltry sum of Seventeen anda nalf cents per hour, The differ. ence of two and a half cents per hour is a material itemin the weekly bilis. A platoon of police is still guarding the piers in question, though the men deride the idea of making any trouble, peek tafe sctat eet lEaSy THREE PERSONS BURNED TO DEATH. ““Tourno, Oct, 18, 1873, A shang, occupied by a family named Kelly, was we get through with our cage.’” The testimony of Lawrence Carr. taken before destroyed by fire this moruing, and Kelly, his wife and grandchild perished in she umes. ih tbe occasion arisen. Had President Neira been & different and tess honorable man than he is a great deal of trouble mizht have been caused, since Cor- reoso, the leader of the rebels, wrote a letter to nim in which he proposed, alter givin) a reason the fear that the occupation would be permanent: “Let us suspend hostilities lor two or three hours, or the length of time necessary for the embark- ment of the troops, and let us join together to de- mand from the American Consul or the Commodore of the fleet that these people shail be sent back on board, since in Colombia there is both honor and power sufficient to guarantee foreign lives and properties to the same degree that other nations are authorized by right and international trea- | tres.’’ This proposition by Correoso has given rise toa general leeling on the part of foreign residents that he seems determined to regain his power at any cost, and no matter at what expense. Stilk the government seems tolerably strong, and if the interior departments continue jaithiul the few v aia with Correoso will in all probability isband. EXECUTIVE ASPIRATIONS. Whea the revolution commenced Correoso was not in Panama, but in Costa Rica, where he made an arrangement with the agent of the Pacific Mail | Steamsiip Company to bring him as a passenger to Taboga, an island in the bay avout twelve mules’ distance from this city. Thence he went by boat to join the rebels on the mainiand. ‘The agent at Punta Arenas is generally condemned for having thus arranged for the landing of Correoso, and it is probable the Pacific Mail Company will tind itseif compelled to take some steps in the, matter which has already been the cause of heavy additional loss to the State. WHAT THE GENERAL CLAIMS, General Correoso managed to land secretly, and at once took the direction of the proceedings against the government of General Neira. He an- nounced that General Neira had ceased to be the legitimate President of the State of Panama ever since he was overthrown by the revolution of the 5th of April that expellea him from the State, and that he (Correoso), being the first Designado ap- pointed as substitute in such a case, he claimed to. be the legal president. The government, nowever, would come to no terms, and its troops have re- sisted successfully every attempt of the rebels | against it to enter the city. Itis supposed the latter have retired for want of ammunition, but every one believes tuey will re- turn and renew the attack. WHAT THE PROPLE ASK. The questions which every one puts at present to. his neighbor ave, “Will this continual state ot revo- lutions ever cease?” “Can the general govern- ment, which has an interior revolution on its hands, maintain the transit open and the State in peace ¥’ or, “Will not the foreign Powers most in- terested in the present railroad and in the prospective construction of @ canal, take some steps to withdraw the State from its position witn | regard to the general government—a posiiton which leads to every revolution which is attempted in the State ?? THE CITIZEN ARMAMENT. In this contest both sides have been armed with rifes of the most improved modern pattern. The government had the advantage of possessing cannon which were placed at commanding points and have produced great destruction to many valuable houses in the suburbs, These events in Panama and their relation and effect on the interoceanic transit calls loudly for 4 change in the whole matter. The government of Colorabia, to which was ge he! the duty of pro- tecting the transit, has failed to do so, be- cause the troops sent and located in Pana- ma for the purpose, have qed the revoiu- tonists and become state militia, leaving the transit to take care of itself. Nor have they any guarantee that other national troops & to protect the transit will notdo thesame, It only comes to this, and it is to be hoped the United ‘States government will insist on it with Colombia, either to take upon itscli the direct government of the Isthmus, abolishing that sovereignty which 13 fruitful only in continual revolutionary disord or admit her inability to guarantee tne future se curity of the transit and immunity from the em- barrassments such as have now ‘threatened it. Such pelng the state of aifairs it 1s to be hoped Admiral Almy will uot give up the possession and protection of the transit until he is safe in doing 80 by receipt of instructions from Bogota or Wash- ington, A PLAN OF SETTLEMENT, To endeavor two settie matters a Constituent Assembly is in session, the power of which the out- side party refuses to recognize. It would yicid nothing for the sake of peace. lis cipal mea- sure has been to authorize @ forced loan of $20,000 on the city and $40,000 on the provinces, In fact Panama has never been im the condition it is now, and itis to be hoped the governments of the United States of America and of Colombia will gree on a measure to remedy and vent the repetition of events that are ruining the country and endanger- ing the freedom of the transit. It 1s Smpossibie yet to entimate thi damage imate the a a} verttoshts Was tae nae by the cannon ofthe the merchants, Commerce wat. re Stanuat i lectea tage of the state of aduife notte yee iat a all, affairs not to at ‘rhe joss to them will be enormous, and shouid theft houses or goods be burned no insurance cwuld be