The New York Herald Newspaper, October 24, 1873, Page 4

4 THE COURTS. RIGHTS OF JOURNALISTS. The Shanks Writ of Habeas Corpus Before Judge Fancher. The Prisoner Discharged on His Own Re- cognizance Till This Morning. BUSINESS IN THE OTHER COURTS. Alleged Theft of Mail Bags—The Case of Frank L, Taintor—Decisions—Busi- néss in the General Sessions. In August, 1863, the ship Queen Mab caught fire in the harbor of New York. Ber cargo, consisting chiefly of imported iron goods, was much damaged, At that time Hiram Barney was Collector. He refused to accede to anapphlcation for a reduction of the duty on the goods ‘thus damaged and demanded the tull amount. This was paid under protest by the following merchants, who in- stitated suits against the government to recover back the excess which they claimed they had no right to pay on account of the injury done to their goods:—Irving Van Wart, A. L. Holgate, Edward Cooper, Alexander McAn- drew, A. B. Hall, A. A, Swift, W. B. Dodge, Edward Naylor, W. E. Wilson, T. W. Bruce and John David. Up to yesterday these cases remained on the calendar of the United States Circuit Court, and when they were called before Judge Woodruff the plaintiffs did not appear, and judgment was rendered In each case for the defendant, Yesterday, in the United States Circuit Court, before Judge Woodruff, a number of gentlemen were fined $25 each for not attending as jurors. The case of Britton vs. General Butler was put over till Monday. In the United States District Court yesterday, in the case of the Delaware and Hudscn Canal Company vs. The Schooner Oliver A. Booth, which was a suit to recover for alleged damages by a collision, Judge Blatchtora dis- missed the libel with costs. Applicants for admission to the Bar,whose papers have been fied, but who have not yet appeared before Messri. Edward Patterson, T. E. Stillman ana Samuel 0. Reed, the Committee on Character, must be in attendance at noon, on Saturaay, as this will be the final session of the committee. The Examining Committee, Messrs. Edward Gilbert, Wm. F. Kintzing and Charles A. Jackson, finish their labors to-day. RIGHTS OF JOURNALISTS. The Shanks Writ of Habeas Corpus Be- fore Judge Fancher—The Prisoner Dis- charged on His Own Recognizance to Appear This Morning. ‘The facts connected with the refusal of Mr, W. F, G. Shanks, city editor of the Tribune, to answer a question put to him by the Grand Jury of the Court of Oyer and Terminer, in Kings county, as to the . authorship of an article published in the Tribune entitled “Brooklyn Ring Method,” have been fully published in the Henaty. Upon his refusal Mr. Shanks was by order of the Court committed to jail. Meantime he had been subpenaed as a witness in the pnp case, and in compliance with such subpena came ver yesterday morning to the Court ot Oyer and Termi- Der it this city. "A Deputy Sher.tf of Brooklyn, however, bore him company. Hardly had he stepped inside the fessrs. H. L. Cli udge Fancher, holding Supreme Court, Chai ‘writ of havess(corpus in Bis cass the which the application was based ag” Runkle and was the usual formula, stating Shanks was illegally restrained of bis iberty and asking for his reiease. Judge Fancher hee tly granted the i plication and fixed two P. M. as th for hearing the PROCEEDINGS IN COURT. At the designated hour the court room was well filled, and included among the number quite an array of news: paper men, ail anxious of course, to hear the disposition would Le made of a case ‘involvin an important precedent, and in which they all necessarily ielt more or jess persol'al interest as journalists. Mr, Clinton briefly recapitulated the circumstances leading to the committal of Mr, Shanks, and then read the statutes governing Courts of Over and Terminer in such cases. “He insisted that the commitment was vold on its 1ace. Judge Fancher said that he doubted much whether, as the committal was made by the Court of Oyer and Terminer in Kings county, he had jurisdiction of the matter while that Court was in session. ‘Mr. Clinton uiged that this had been the frequent prac- tice, and cited various cases in which such “practice had been adopted. The jurisdiction of a Judge of nie Court, he claimed, extended over the Pnole Si He went on to say that when the writ was served ils “client Wrasin this county, and to justify restraining. bim of his ink here they must, he ted, show the commitment in Kings county. istant District Attorney Lyons said that, in obedience ithe welt the sheriff of Kings county had produced the body of Wiliiam F. G. Shanks. who is held by virtue of cominitment for contempt, & copy. of whichis annexe t to the return, He objected that ni than haif an ‘hour's notice should be District Attorney, and that the petition, bein; Sherid of Kings county, a usr which the officer obtainiag resides was irregu- lar under the Revised statutes, unless there, Is evidence that there is no ollicer in such County authorized to seu the be oH 1s absent, or retuses to issue it The pe onwhich the habeas corpus was. lasued showed that he was committed in Kings county, and is only here to tes- ty Hy on 8 trial He insisted that the application must be RDER OF COMMITMENT, papers in the case, including order of com. ve Mr. Runkle here. read the pi the petition of himself, and the following orde mitment by the Court of Oyer and Te Kings coumty, setting forth t he precise facts upon ‘upon which the commitment was or Ata Uourt of Oyer ang *Terminer held te and for the tounty of Kings, on the 22d day of October, 1873, present gn Soe 2 49 ae Johnsot the matter of hanks, the Grand Jury, heretotore in due ‘orm selected, drawn, summoned an sworn to serve as Grand Jurors in the Conse. of Oyer and Terminer, a od for the county of Kings, came into are and mi omplaint, by and through their pre man, theretotore duly appointed, and swore that G. Shanks, aiter being duly summoned and sworn” a prescribed by law, ash witbess Ine matter and complaint pending vetore such Grand Ju: NEW YORK HERALD, FRIDAY, OCTOBER 24, 1873—TRIPLE SHEET. use and convenience & quantity of mail bags, the prop- erty of the United States, Assistant District Attorney Purdy spoke tor three hours in support of the proseou- tion. Adverting to the testimony of good character that had been given in tavor of the defendant, he said that the records of the District Atorney's office would show that gentiemen who no doubt could bring forward wit- nesses to prove they are persons of high, moral, vir- tuous and Christian character were charged with fraud and perjury. But their high charac- ter, their Christian conduct and standing, did Not prevent them trom robbing the government and then, dreading exposure, quietly stepping into the office of the Secretary of the Treasury and paying back the money they had swindled the government out of, so that the matter might be hushed up forever. The jury would be astonished if they heard the names of those men. | At the present moment almost all the crimes committed in the sity of New York were committed by rich men, ‘The treasury of the clt the ety had been robbed of thousands and mil was the evidence o in Court mentioned the name of Ketcham.) rt that it pe el es more Starnes in iced pee ce eee a man than itdid a poor man of ai there were now in cout 4 listening to him, een, like Taintor and Graham, chai embezuiing large ou ry, who, no do could preduce testimony aithes bore a good character and that they were 10 in the Church and in society, He de- maeae ining a elt in this case, ag he claimed it Would be warranted by the evidence, and would show That itwas posable, in this city to convict a rich man of Violating the iaw. ‘Judge Benedict delivered a lucid and Feadant ruiley of ap ee atte ‘hell Bags; oes, than $35 fr'valugeto his own use and convenience. Sentence was deferred. The Alleged Embez Atlantic National B; Frank L. Taintor. The trial of Frank L. Taintor was commenced. The detendant is indicted for having, while acting in the capacity of cashier of the Atlantic National Bank of this city, embezzled about $400,000, the property of that establishment, ‘Mr. Bliss, United States District Attorney, and Mr. oid appeared on behalf of the government to conduct romeution, and Mr. A. Oakey Hall and Mr. John ‘tollon SteProed were counsel men were ry tbe cane mine fen Baker, John A. Vinton, Thomas ohn Armstrong, Oliver . Fay, hat Hurrey, William Hunter and wn e name ud te Jury, wes cuted toi ' men composing the jury, was called, some la froxe out in Oburt. alt Mr. said he was the son ofthe the office of Attorney Gen It being now twenty minutes after foar vince Juage Benedict said he would adiourn the Court til tl 3 morning. In the meantime he Lier | Reet not to allow any one to them about th The matter was then adjourned tilt ‘ase, Maver oe made by opening statement for the prosecution will the District attorne; ey. y SUPREME “COURT—CHAMBERS. Dect: By Judge Fancher. they have cognizance in the matter of a 11 wo have been published of and concerning Alexander McCue, did then and there retuse to answer the follow- ing ee and proper interrogatories propounded to him, . F G. shanks, to witi— bay ‘ou know who wrote the articleentitled ‘The Brooklyn “ing Method,’ in the issue of August 30, 1373? aaa the. ‘said tw. i G. Shanks, then and there, instead po Nernbetraer said interrogatory, stated as follows, to I: 1 decline toanswer the guestion, because I am in- structed as one of the editors of the paper not ¥o give ve the ame of writers of articles published init, Itis one of the office regulations. and on the principle that the paper and not the editor isresponsible.” And the Court haying then and there decided that the said interrogawry is a legal ang reper one Cah and that the reasons given by the said iks for not mye we same are Rehy ‘and insumicient; and ¥. G. Shanks ously . it ’ still oe tupac ana ‘in lawtally ” retusin @nswer the same in- yrcogatory, the, Court doth he herevy ‘sajudge the said W. G. Shanks, by reason of the premises aforesaid, guilt ote criminal contempt of Court, mperees | he le cony a be imprisoned in the Jonge ger of the county for th term until he may answer the question propounded to him, which a¢ has reiused to answer, ot October, 1873. Witness our hand and sea! ‘ BARNEIT JOHNSON, NICHOLAS STILLWELL, Judge Fancher asked to hear tne last of the order of commitment read over again. “It makes the imprisonment perpetual,” observed Mr. Clinton, alter the reading. “Lee it does," answered Judge Fanchet “And the law prescribes in such cat linton, that the extent of punishme: ‘fine ot {nprisoument for thirty it will been, teretore, that the commitment iy vold om its face.” THE ARGUMENT RENEWED. Judge Fancher suid tbat the other side claimed that the Ingeebyone argued that inthe conterpiation of th ir. Lyons argued (hat in the contemplation of w thisinaue po ditlerence. ‘The prisoner mus wall toon jarded as in Kings county, and in the custody er Sherif? of thatcounty. Ihe merits of the case involved & most important poiut, and he tsked that time should be 10 #eFVe & Notice on the District Attorney of Kings clinton id that as an act of courtesy be had given Be this application to the Disirict “Attorney ot oun ad aga necessity of the law hi aim nodldeatio to the District Attorney of thes on le the proposition to lay the matte hi sid Be won no bseck provided they did not subject client 0 th ie patente ot a ‘arrest; infor committing him, an 4 wherever ee to, considering himself hnical under arrest. Was one said he liad no objection, but that was a mat for lie Sherif’ of Kings cou Yancher said there could: be no difficulty about eee the apa cmd All depended on there was no qnestion as to xercise it. He said he would be rance when wanted if ‘is custody. his own recognizance,” sald gu that broke \swodtd i an! BRS ot Hon of Nor Sionest aie eae a 10 no! the Court, fa tow round atthe teat poke uy sarah ME Cee, loyalty oleh 9 Jo, sir." draweled out the er."? ea wi furnish you @ paper,” said a Clinton, yg answered Mr. Lyons, with « like broad bX on aie Pa ae oan wa set down fora ‘Deputy he ‘ ayer,’ lool ite quite aan over i BUSINESS IN THE ( OTHER COURTS. weeds UNITED STATES CIRCUIT COURT. The Alleged Misappropriation of Mati Ba, Yesterday Judge Benedict resumed tho trial of Edward Layge, Who wes indictod tor approprisang t? bis own. Egan vs, O'Day.—Memorandum or ‘counsel. eosae vs. Pur ‘Reterence granted, Obermann va. The World Mutual Lite Insurance Com- pany.—Reierence ordered to hear and determine. SUPERIOR COURT—SPECIAL TEAM. Decisions. By Judge Van Vorst. Belton vs. Baxter et al—Order ig) remittitar from Com- tei motion to set reer denying: aside report of roleroe ira allowance to for an ex! detendant of nted. ‘Leaman va. Poor and ancther.—Order denying motion to vacate attachment, Baeltzer and another vs. Nicolay.—Order on remittitur trom Court of Appeals granting new 1 Wignt vs. Wh: Ger of reference. Fulk va Aburheim, ‘Lyon vs. Dunn, et al, Ward et al. vs. Geery, et al—Orders granted. COURT OF GENE“AL SESSIONS. A Washington Market Female Pick- pocket Sent to the State Prison for five Years. Before Recorder Hackett. Yesterday in this Court Mary Thompson was tried and convicted of larceny from the person. The facts showed that on the ilth of October, while Mrs. Mary Opdyke was passing through Vesey street, going to Washington Mar- ket, she had her pocket picked of @ pocketbook contain- ing stx dollars. A gentieman saw Eliza Wilson, who was jointiy. indicted with 'y Thompson, steal it and Arrested on the yt. she pleaded Fuilty to few days ago, and was sent The woman Thompson was seen conversing with Eliza Wil gon, and uonecessarily shoved against Mrs Opdyke. at the time the money: Was stolen. His Honor, in passin; sentence, said that, as Mar: Sager cen Pg tat a ee he would impose the highest est penalty the tate Prison for rave which was Tprisoument in years. A Colored Burglar Sent te the State Prison for Ten Years. Joseph Thompson, an aged colored man, who was in- dicted for burglariously entering the apartments of ry? Mahl, 105 Thompson street, on the 15th October, in the night time, pleaded guilty to an attempt at burglary in the first degree. He was sentenced to the State prison lor tem years. Another Burglary Case. John Murray pleaded guilty to an attempt at burglary in the third degree. He was indicted for breaking into the lager beer saloon of Adam Kramer, 305 seventh ave- nue, on the 14th of this month and stealing $75 worth ot cigars. Grand Lareeny. George Wilson, who, on the 16th inst, snatched a pocketbook containing $5 from Jane Maxwell while she Was paming through Christopher street, pleaded guilty to an attempt to commit that offence. Wurray and Wilson were each sent to the State Prison for two years and six montas. A Felonious Assault. Thomas Hoy was tried for a felonious assault, charged to have been committed upon Arthur Lynch, in Forty- seventh street, on the 18th of May. From the evidence adduced in the case it appeared that the parties were ‘fighting and that in the méiée Hoy drew his pocket knife and inflicted a severe flesh wound Monch the thigh of the i Mr. Howe called witn 190d character, ‘which bad som ‘the jury. They convicted Hoy with a dangerous weapon with intent to do bodily har coupled with a recommendation to mercy. The auempe at the State corder sentenced the prisoner to the State Prison tor one Carrying = Slung Shot. Augustus Smith pleaded guilty to having a sinng shot {a his possession, contrary to law, and was sent to th ehitentiary for siz mouths , A Youthfal Crimin: Andrew Smith, a boy, against whom were two Indict- ments, pleaded guilty to stealing a quantity ot plated ee at bata on the 18th inst., the For netae William Newburger. He was sent to the House of An Alleged Burglar Convicted. William Gallagher was tried and found guilty of hav- ing burglarious implements in his possession in the night time, which consisted of picklocks, skeleton keys and a six barreled loaded revolver. An officer fyend Gatagher in the alleyway ot the premises No. 107 Last Eleventh street, and upon Mo gs I the door found that the nozing had been torn of. Gatlagher was remanded for sentence. Pointing a Revolver. William E. Reilly, who pointed a revolver at Albert Ashley, pleaded guilty toa simple assault. He wasre- manded for sentence. An Acquittal. Micheal Winners was tried upon a charge of stealing a gold watch, valued at $150, trom the person of William Tickinger, on the 6th inst, while riding upon « Third avenue car. Satisfactory evidence was adduced to show that the complainant mistook the accused for an expert pickpocket, for the watch was dexterously wrenched rom the chain. Winners proved that he was on his way fo Newtowa at the time, and respectable witnesses told the jury he was an honest, hard- -working baker. he fury, rendered @ verdict of not gullty without leaving ir seats. Datch Heinrichs Balied. In the afternoon Henry Newman, alias Dutch Hein- Tichs, was taken from Bellevue Hospital to the court and bailed in the sum of $5,00, Judging fi his appearance, jewman is evidently in adying endiaon. The Maxwell Case Postponed. The case of James E. Maxwell came up again vester- day, and on motion of his counsel it was peremptorily set down for trial on Wednesday next. If the prosecut ing witness (ails to be ated the defendant be re- lieved from further prosecution. COURT CALENDARS—THIS DAY. Surnemx pe gp Iapzer ae and oie Dusiness, Part 2-8) ee ee Sk Mi, es a 1, a Toi is 150, Tee Teese a at, tt SoPReMK en tn ee ee by Judge Fancher.— Kos 10,8 Bh, S64, 85, 9, 108, 104, 108, 106, “v7, 108, 108, 126, 1 ere oun Tatar MAN and2.— Not ie 1196, 1044, 1102," 1040, 1 vit a afb, tok 1076, 1204, 1105, Connon be ne a Cases—Part “ie eva wai, sth. et ety tye , Sl pr * Susstons—Held by Recorder George Cary, robbery; Same nd, Fran Stein, robbery : dame vs prreikert i felomions assault and battery; tame felonious ‘ussault, and battel rn ‘ete, esi senalt ond assat pd ei ie 4 domes ra apis tea Larceny (| ame ya, Hele fir aged fenton. Francis Brown and Michae! | Cassidy, con BROOKLYN COURTS. UNITED STATES DISTRICT COURT. The Duty and Liability of Wharfingers— Decision by Judge Beneaict. A decision was rendered by Judge Benedict yesterday in the case of Christopher Nelson against the Phonix Chemical Works, which was an action growing out of the grounding of ibellant’s vessel at the wharf The Judge said :—No recovery can be hadin this action, ¢x- cept upon proof of negligence on the part of the wharf- inger resulting in damage to the libelia vessel while moored at the defendant's wharf. The evidence shows no Ro negligens in the construction of the wharf. As to egoneition of the bottom in the Beach to be 2b, en er, vesse! eutied by RY not wutlcient to warrant the Conclusion that i was pot as level as could be reasonably do- Eeaties and as any oblivauoa on EO partot the wharf- inger tation in th of water in the berth is proved, Dut ‘Shere is no aie of the pres- ence of any stones or other obstruc ‘on the bottom, that tom was such that @ sound boat would be low tide. The ough to float the Dut this fact is not sudietent to render the whardnzer able for intry, sustained by the vessel when grounded at low tide, ropesition asseried m behalf of the Lbeliant’s that in the absence of notice to the contrary, every vessel, fH the size of tho Great Eastern.’ bas ca he to assume that water in the dock at a’pubito what fact sumheicas depus Zo'Hoat herat low tides cannot be sustained, “A whart- The proposit it it is bags duty of a wharfinger to ve information as to wality in the suriace ot fe bottom, when that is materi fo.the aaie sel about to moor at his whart 7 Bl, 2) is entirely Consistent in the other provesidion’ that le isthe duty of fhe shipmaster beiore placing his vessel inthe berth ascertain whether the depth of water in the dock i sufficient for the dra his vi The pres- ent J @ case of no regualty a. portece of the om, when tne rnjur, to the boat ‘insumiciont water in the berth to foat is insisted th: bottom, simply because of it inasmuch a8 the vessel at low tide. But it mer; tee that phe raataser: a vie a rag the consignee of the cargo on board this vessel, direcied the master to place his vessel in the berth she took without it is a com- ing for ‘vessels todo. this But other veasels are not sufficiently strong - permit such a course, and whether the libellant's vessel could sately do itor not could be known only to the master. The master knew the condition of his vessel and her draught; he had glo full means of ascertaining the depth ot water in the berth and was bound to ascertait He was bound to know whether he would ibe cempeiled, and, if so, able, water. ‘the damage he subsequently sustained arose either from a failure to inform himself a to the depth of water or a failure of tneFitate as to the th of his vessel: in either case the fault is his and 1 aot at of the wharinger. The libel dismissed with costs. Cy coth COURT OF OVER AND” TERMINER. Margaret Hamill’s Fate=The Trial of Mrs. Merrigan Postponed. Before Judge Gilbert. The case of Mrs. Sarah ©. Merrigan, charged with causing the death of Maggie Hamill, at No. 199 Ninth street, Williamsburg, on the 2d of September last, was set down for trialin the Kings County Court of Oyer and Terminer, before Justice Gilbert, yesterday. District iorney, Prition n, appeai ared for the people and Benjamin F. ‘racy and wk Keady tor the prisoner. dirs. Merrigan was in court, and appeared fatigued and care- worn from her jong confinement. She was neatly dressed and bore on her arms an intant about eight months old, she was accompanied by her tather and mother, About twenty witnesses for the prosecution occupied seats in one corner of the room very thing looked as if the case would goon. There wi civil case on trial and this was Interrupted for Penge rolh hd General Tracy, Who said that he bad @ motion to make in the case o Sarah ©, Merrigan, indicted for murder, who arraigned tor the first time during the present term of the Court. Mr. Keady, he said, has been her connsel trom he desired to associate with him was unable to do so until Monday last, Ke! d_ been reta! i the case. 3 3 = 3 5 5 | 5 There has do this, and he therefore asked fora postpone. m District Attorney Britton said his office was crowded with business, but he felt It his duty to try these murder cases a3 8000 a8 possible, and would not be able to reach ‘this case again before January. The case then went off for the term, and Mrs. Merrigan was remanded to jail. SURROGATE’S COURT. The Late Gerrit Smith. Before Surrogate Veeder. The late Gerrit Smith, of Brooklyn, left an estate of $300,000, and, among other bequests Le made, there was one of $20,000 to be aivided among the children of Mary Elizabeth Hudson, his daughter. | Another child, was born to Mrs. Hudson after her father's death, and the executor applied to the Surrogate tor tustractions aa to whether the money should be divided among all the Children. ‘The Surrogate has decided that it t should be distributed only among the children living at the tims of mith's d UNITED STATES SUPREME COURT. A Claim for Confiscated Cotton. Wasutneron, Oct. 23, 1873. No. 48 Cutner, for use of Schiffer, vs. the United States—Ap peal from the Court of Claims.—This suit was brought by Cutner to recover the proceeds of certain cot- ton surrendered by him to the government at Savannah in 1865, he claiming to be a loyal man, and himself reporting the cotton to the public officer. He afterward sold his claim to Schiffer’s firm, authorizing his attorney to pay Sver the proceeds when realized ; aud he now sued tor the benetiy of the surviving partns a The Court ot Claims found Schiffer was the real and beneficial claimant in the suit, and Cutner the mere a | claimant, without beneficial interest, and that e Pi ded wransfer of the cotton by Cutner to Schif- fer’s firm was in violation of the Nen-intercourse acts of Vogeress and the President’s proclamations under them, woh a inoperative to paees, sender wih a a availa tle, or to vest in bim the to the proceeds, On these grounds the judgment was i tee government. itis here contended ‘shat these two, conclusions ‘tbeiow are inconsistent, secon cone clusion is erroneous, because ‘he time of the transfer Quiner had no property In the cotton, but only a righ tte the proceeds, wh.ch was a chose inaction in the nature of aclaim against the United States for such proceeds, then held by the government as his trustee. There was no Vioistion of the Non-intercourse Acts, because the sub- | Ject matier of the transfer svas Dot property, in @ State de- ‘clared in insarrection, cap: ing transported into &@ loyal State, nor was it roperey in a loyal State pure Chased for the purpose of being transported to an insur. rectionary State. A. S. Merriman for claimant, Assistant Attorney General Hill tor government. Violation of the Stamp Tax Law. No. 45. United States vs. Isham—Certificate of Division between the Judges ot the Circuit Court for the Eastetn District of Michigan.—This is @ eriminal information tor issuing without a stamp, and with intent to evade the provisions of the Internal Revenue laws, a paper in the orm of @ drait, drawn on one Conda, [reasurer of the ndant, as Superintend- iron Cliffs Company, by the ent The paper was as follow: ‘To Taox Cuirrs Courany, {ii96] Necaunee, Mich., Jan. 3, at Pay to the order of E. B. ‘Isham, Superini- dent, or bearer, a FIVE oe. 8 received, and charge to account of E. B. ‘fo Cuantes J. Compa, Esq., bes York. Lecermanines pe Le omprere Creeks Sheed ae the trial the Gourt were divided fe the , questions first, whether this paper on ts ince required a stamp; [oe ~~ Pie whee reo to Stier Prat Taper was super: intendent oi company and drew the paper in that capacity, or that Conds. was Treasurer of” the comp ny and the instrument was drawn on him in or was drawn in the course of the company’ was oes gg A, whether, if the paper was made wi yal and iss the design that it should an focal cireulating. medium, aud’ ‘was actualiy® axed by the, “holders “as 'guch,’ it therely ‘beca stamped, and whether evidence giv ‘orernment tending to show these facts wns adi fourth, whether, assuming all the facts which dence offered tended w prove, the deiendant was guill nce chat nd fiith, whether the in: ‘any offence under the laws of the U ‘These questions were certifi fed to this Court jor answer, and were now argued, vern- Soa saving the atirmative and’ the Getehos ti nega- tive. Attorney General and Solicitor General tor gov- ernment; C. P. James for defendant. BROOKLYN'S BUDGET FOR 1874 The Total Amount Required for the Ensuing Year $4,519,934, The Joint Board of Aldermen and Supervisors met yesterday morning, Mayor Powell in the chair, for the purpose of adopting the budget or tax levy for 1874. Statement No. 6, ordering $125,060 to be raised on the city at large for the purpose of paying one-fifth of one-third of assessments for streets, was considered, and, after considerable debate, was adopted, Supervisors Petrie, Sneider and Stickenens youn in the negative, despite the mandamus issued by Judge Uilbert, of the Sup pnp to compel the members of the Joint to vote for this estimate. passea the act certain portion of the cost of parements, and the representatives of wards remote from ¢ streets upon which the improvements were made objected to the act. The total amounts to be Oy Jaane Hcy otticers $-Wellsand pum} ; Health Department . 10—Department of City Wor H=Fire vepartment ‘0. 12—Polioe 0. 13—Bourd of eiweatio bi Cofmsalssione 15h No. 1SPark Commissioner's sit ate 5 tenance ‘Sssesstuent. 9] init Leas ity, september 1. 1873... Lan earph unt colidcted’ on’ ‘we. w oF taxes of tho year = 101.118 wali we ori nai total re) te: spam was perky STOKES THIRD TRIAL. Further Important Medical and Other Tes- ‘ timony for the Defence. THE “WOUND NOT NECESSARILY FATAL.” The Effect of Narcotics and Stimulants— Morphine, Ohlorofarm and Brandy. STOKES AGAIN IN HIS OWN DEFENCE. Yesterday's proceedings in the Stokes trial marked another important stage in the progress of the defence. Apart from the testimony of the ex-police officer, Logan, and which appeared to fall upon the prosecution like a bombshell, and the corroborative evidence sustaining the utter- ances of threats by Fisk against Stokes, it will be seen from the testimony yesterday, of unimpeach- able witnesses, that in the first place the prisoner was under apprehensions, not only of personai violence from Fisk individually, but from others, at his instigation, wno, as he claims, were in the paid service of Fisk to “dog” his footsteps and to keep him in continual dread, and necessitated on his part the carrying of a pistol tor the purpose of self-defence. Dr. Carnochan, in his testimony as to the immediate cause of death, positively reiterates his former teatimony—that the pistol wound in the abdomen was not necessarily, fatal—nor the cause of death, and heas positively attributes the disso- lution of Fisk upon that'Sunday, the 7th of Jan- uary, at the Grania Central Hotel, to the narcotic and stimulants—morpnine, chloroform and brandy— whioh had been administered to him. Dr. Thomp- son sustained Dr. Carnochan’s views of the case. These were the principal points elicited yester- day. The Proceedings, TESTIMONY OF RUFUS G. ANDREWS. Rufus G. Andrews, who had already been sworn, re- called by the defence :—He said the prisoner called upon him almest every day, with @ large package of papers, prior to the shooting ; he was nervous in his manner and somewhat erratic in his conversation; he often talked of conspiracies against him, and seemed fearful ot coming to some serious harm. Q From the conversation and acts of the prisoner, as you heard and séw them, what impression did they leave upon your mind as to the condition of the prisoner's miguel farar est cted The question was put ina different form, and pie? wit ness answered it by saying that the acts and declara- tions gt the I prisoner appeared very irrational; he was very @: q. What impréssion did the paoneris: conduct have upon you as to his mental condition ? Objécted to and decision reserved by the Court. ‘To the District Attorney—It was about three a . be fore the shooting that the prisoner came to m tained me as counsel; the matter in whieh he mens about was the subjecto! an award of $1) 000, in which Mr, Ciarence A. Seward was concerned; t'was the only matter in which I had received a retainer; any other services were-mnerety incidental You u sy ho was very mtich e oxolted? A. Yes. did be.ever express to you ‘apprehensions of sonal viol poe oat ahs hands of Fisk him- tokes to told me that he had been robbed. ‘ot $ibnW00 by rine and alluded to the tact that be had been put into prison by the same person; he ramved me to see it there was aby Way to set aside the Bara made him of $10,000 from Fisk and to sue Fisk for itd Bisplet” attorney I’ ask who the parties. were me he charged with being in this conspiracy against Witness—I would rather be excused from answering that question. Dire Atgorney--Oh, but I want to know. ‘tness—Your Honor, I don’t want to answer the esto, ame question was insisted on, and the witness named Clarence A. Seward, William Fullerton, Peter B. Sweeny and T, ©. Buckiey, and others whose names he did not Feeollect, ome of the. parties, named were his own lawyers, and he ac: em of & vonspiracy to rob him the interest of Fi TESTIMONY OF W.' F. G. SHANKS. Mr. W. F. Shanks, who stands committed to Ray- mond Street Jail, Brooklyn, by @ mandate of Judge Giibert, of rt, ior reinsing to give the he supreme Cou! hame of the writer of an article which lately appeared in the columns of the Tribune, testified, giving some im- portant evidence for the defence. - lie testified that on one occasion he was with stokes walking along Pine sireot and ne had bis attention caltea by the prisoner twomen who were “shadowing” -bim; he observed the tien standing. 10m. doorway, where they waited’ unth Stokes came out of @ building'in Pine street, when they tracked himsalf and stokes up Broadway; tney passed witness and companion, and as did #0 one of them nudged ‘oth tered jot! h’s saloon, on Broad cowlt e two watchers were vo: again [flewsd hu ily, te perane, spe: prisoner had to ee a vine ie he ‘ued ee gree biome Nr one longing rf witness, said e‘diday i ike tana diplayed his remarking thet he 0 carry it ‘HIMSELY, Cross gxamined =f Bad) ‘Known Stokes for about three yea Scquaintance begau by my seekin purpose my bo goony 2 o {hyo dome letters pen sh hens Tcould ni because Judge Brady Placed an injunction cy m, and he would not give them for that reason; that was aboat six months beiore the homicide; Stokes said he was po pace hensive of violence at the hands of @ notor! called “TOMMY LYNCR’S GANG;" he never expressed fear of girest violence at the hands Fisk nimseit; wm hting the time, and we Po! to aid in the fight, rf we ‘tiew that they at passed between Fisk and Miss Mansflei the men wae were following atoheoais. mot convey an exact idea of roughs; they were fairly dressed, SEY OP HENRY DATER. recalled, remembered the prisoner telling nim that Re God in deadly fear ot Fisk or some of his een he heard Stokes ti talking to @ gentleman in the rrom of the Hoffman House; the gentleman sald :— Oe Stokes, how do you se Ht slong with your matters ‘with Fisk?” the prisoner rep! “T have ho tear of the Eset tof those matters; 1 Daly dread that Fisk or some ang will kill me. oe reinard, of operas for the Spence: was examined LAT associate on the pablect of Bi is having marked the elght bullet holes bored in Fisk's yoo ‘which be marked With exactituge previous to the trial, ‘The perforations Be marked by him from No. io'86. 8, the latter num- having found. Subsequently it was fount, that another hole was made near the Bottom of bo cloak. ptear ad Hr Brainard had no doube but that 4 in ihe! one ie marked No. Sined not beet noticed ob the for STOKES, SR., RECALLED. Mr. Stokes recalled—Had tried to see his son on AJ Bight of the shooting, but could not; saw him in the Tombs next day. pt your son tell ni of i) occurrence t rec! and gbiectior Mr. Tremain said that ne ht to show on the defence of insanity that th Prisoney oid his brother the oe ner the shooting that be met Fisk wholly acciden- Fisk Chey ‘# pistol on him; that Ls waa ry Ot Ree and deauh who fhould have the rst moe The Court allowed an except tion, JENNIB TURNER ON THE STAND, se ah Tested mr both previoustriale and ateonted calle e 01 atte be ae ‘bed kness dl in ale an aciated i | Weceemr an teeter waa standing betore the door of parlor ots ; Ce first Fp itokes second floor; he a) £2, Run latter the Come tow! ard her prota, Dear the elevator; he 100 Heys pale and eed “Let some one go for @ e 4 there's a man hurt; alte the shooting, and wi me reached the top, Witt rari hold out her hand toa eae ag, picked it up at the bottom of the stairs IT WAS 4 PISTOL; don't know what the man did with the pistol: after this L.went up to Mrs, Morse’s parlor; I reported to Miss Minnie, who was the only occupant, what I had seen: I ‘Went down to the foot (L Stairs at the request of Miss Morse; it was parece SS aed and four eer before the shooting {hat se Tse’ renter the hail. 'o the District Cuoraey =| ive 3 1 So Mass; always Iiyed except ‘Out at se: LM, helps proce tolgrowezamine her ina vei ‘way, and the broke down and commen funy said it wasa shame the way in which she hadi been exami by tg rosecution. ¢ jast time et Gans pg ea at a wed to narrate par tioulerly her movements from the time she left the Morse family op to now ane fora long time before she secured 3, Morne lsu” care' up ith minal ony witness came out soui both the first aud sooond trial TESTIMONY OF DR. THOMPSO: Dr. William U. Thomp: ae eee of iateria Medica, that he thoaeht ft ian aa pool aipiatad ke 3x8 Beveers oF gue Banoo fom. the minister we in the’ abd ‘abdone 23; ‘no ‘Tad nev aay heard of chloro- form having been vou toa man sai ia, from, # shot woun hi described b; e District At- torney” to itpenn Fea4 in au ‘robaviiey v3 mortal; had m examinat and had i sown. nothi ote history of the case, he have thought that the ind bad caused death. ‘a rocoss was iaken lor half an hour. After Reeces: room was filled completely when the Court “ BR. CARNOTHAR ON THE STAND. snoeh reoalieg Sp was requested | py coun 4 total ne neo a ihe ‘marked ck, ayrptoms of itness di tl Tere tn dathentle eon yy oF get will, which he pro a read tothe jury as oviden t the deceased, #4 shear was in the sound possession of tacultles. will was Rigo hia quested to state the effects of pe Fd sone, hen po did, 4 giving the various man. stu tbe sop Ts workings ot he aid fot baieve'e man it iets MintTahdy considered a rer The reasem| at ewit nu euch as the one (rafering ee with Periionti elias Court es tt'wann waste ot me to ai fi ea that there could snp urs on bre nay Pan oni jorotorin, mrhere Wy 0 iY . these are take Ken together, are vory severe tad on the pa- "G Bodtor. dig rou ¢qnsider (he wound that nenetrated the sehoen | ha il ALT opus Bets the in he undo of abdomen, is fe heat ce og went) = tne wi itness cited & ie ‘ais st aise "ot the. det 3. Vi ‘on ‘on ‘Ratatat was iy Sena Se jue to morphine. Bam ftorney—and the wound had nothing to tate Tt was —— that the wound con- ility?, A. The proba- paid be only asa posabiy. styou tound alithe organs tn snowing nothing about the th din the a A wound like eta pe gon, wounded ip th vt himt A. 1 and would Ca him well, tay ecg gor have cz Possible that he he inight t have died irom the SHINE’S TESTIMONY, Dr, William shine testified he was present at a mortem on Hak and took ti otegt i a pete of We vont sition, of the ‘bral and thing abnormal about a some 03 * Counsel tor the defence heed called THE FRINON My hae fe be ner Soto tne Dito the Period of my arrest Piilafaias iy J 8, gis jo of ‘embegalement; became sequalited ie in July, 1869; at that Twas nding in 1 saratoga aie yon! a despatch Tor Nyt ie entered into business wich him; ay business with iy until T Lod temoved tr ome mm) ay Postion 48 8N officer of the company; it was sti mulated. the lease of Fas at com- pany thatthe a of its refinery should be doubled on rst iw per cent interest instead of a half {iy cuts Acarnee vias, which I thought pod good. in kL Iwas examined as ¢ morning of the homicide in @ prosecution at Jud; by ‘Court, for hi on rely ooeevaimay Phat ay te tat at lat fess 7 T'nad no information SS tenes one attend Judge Bixby's Court; Fieft the C Court. with HN MO KKON Mrs. “Mansfield eard ‘AND arted in <a carriage abo ‘about the same two gentlemen to Delmonico! os, co} rs street, and remained there a brie time, taking some sere Lo al that Thad 1. 3 e' Powe Y othoe and. told him ‘hat t conversation with went to Mr. Ri wa? was afraid if I went to Rhode Islanc, on Monday follow. Pat he might say Iran away, and) gets requisition, and race me in some Mr. Andrews replied I ave No apprehension; at the indictment fad Poea dismissed, and no taht do were pending; was at a do something, an ti aYey to Mr. Bixby fot permission from to seroma S vine a sere cage Was to come off 8 on Tu ay from his office to oe tho louse to ei La er fee Pind tent =e te beto et ite ages In aaah icet ad dire ed ft ti Sionviule bee ie had marked it “no such station" i to “ti Gotirella lawyer, and the telegraph clerk at ib and the result was ne there was thee lore sent meron ae al was to New York at noe on sof importance? Thi \y Ox a originale paper te to ee the Bout ot of apnea drove off her residence, and. was Finny yet oe ot the coupe when 1 looked up aad pie tt <4 ‘Plinde’ closed Pe recotlecte t she had athe driver to take me to the Grana ¢ entra tou rel; Miners. was nothing Sipeular aboot ebiadirection, aswhati meant was to set me down about there; J told hi im to drive me down Beventh avenue where 2h there was a wooden pavement; Jidid not see Fisk's carriage, nor did 1 know he was out that day; I never saw the Morses to a after Setting out of the ick oh into Dodge Chamberlain's; saw. Suuith and Mr. tiara theres inguired fra from m smth ths r. Fe: e casi Mde of the street to ria where he used to he on thecorner; I met Mr. Bailey at the corner of Great Jones pee xe anes him to accompany me to get KETS FOR THY BLACK CKOOK; ikea down wi as we were passing the aay in the parlor No. 207; ognized her, of course; Hishe was a indy Tmetin Saratoga ‘and 80 said to ley; sald 1 thought I should io over to her: I 6 conversatio him and asked him to wait, but he retused; tient 1 rome over and went in; on recognizing the lady Jlifted my hat. "rhe prisoner was here directed to take the rod and point out on the diagram all his movements. He said that he ascended the stairs; he had never been there beiore; he ny that he was STAKEN IN THE LADY, ec ogee one tort the parlor and went up to the third d toward the ladies’ stair ase to go ‘undercoat and Gosskin gloves lined ied @ cane; he had no expectation of Piss did nce go into any room and look out; as 1 he wi Gran seein, was lecending t the stairs I saw K COMING UP WITH A ee opie in ‘ins, hand ; he cocked it aod T cried, “Don't begat ae eee heel of the line of his fire to the left, fired two shots with my gloves ony 1 BELIEVED MY TO BE IN DANGER: Tknow tt was; I saw the isto plainly; it was not my inten‘ton to. tak ; it was customary for me to carry the pistol in my outside overcoat pocket when I wore one; when I was going pase, the private entrance I saw boy Redmond, but did not see Thomas Hart, and his evidence’ is utterly false; he was not there when I came back to the head of the stai my reason for going back quick was to get out of the lit of Fisk's tire; my reason tor going toward parlor No.7 because I thought it wae comunuation of tne hall Toid not retreat te when I saw: Fisi uae f hadn't's chance: thane De Oatley, whom ined iT th man, one om Lhad as a witness on trial, and who has mysteriously disappeared, onhaet wher Phelps said he would Uke to learn what the witness OWS Of ‘Stokes—I tried to find him asa witness, and could pots I did not go into parlor No. 207, or throw away an in it; Ldropped 2ay pistol right on the stairs whore ing A sins Corley T ‘went dow the main 801 opie there was a man shot, to get S doctor, when I gotdown to the, hall below talrss jaan in said, “Here, they wi ‘ou; [ turned to him and ¢ laid his hand on me "and toy all laid theie hands oa me, and I told them not to do so, as I was not going to run away; then they took their hands off; three or tour aa d me, and I ob) pg to so many people putting their ds in my pockets; Mr. Powers came up and the oftcer took me stairs, and was ‘n from one other and at last’ ‘into @ room where Colonel Fisk was esituin up with his coat off and no one support- ing him; the officer said someth! to Colonel es, ae “do you ‘know this man,” _ he lowe sald “Mr, Stoke: the office: “Come,” ands taken away ‘on the instant; Fisk did not Fe “that is the the ot me, take him away?” I-did not then was wi in the abdomen, but he looked baa though he was ie ote tj red Prove that on his first ‘At this point counsal o} Interview) after. the shooting, with his father and his counsel; Mr. Mi them that Fisk istol icKeon, he told 3: drawn and that tho shooting was Kid in selted nee. Evidence excluded and exception tal Did be say anything to you about CFiliroading yo you? istrict Attorney—Don't put the words into uth, Court—The comments of counsel do not ting a Tremaiu—Then he should not attempt to lecture "Fadge—He ma: object, but you need not reply. Mr. Tremain—But, however, nature is weak. Judge—And it Is sometimes very strong. G0 on. Stokes then related the statements to him by the woman Mansfield and ‘urs. {rents agains his lue uttered by Fisk: rd of such threats from different sources tor months; he was under cousipat Pik habbo Csi had to give up the rooms at jouse at a joss of $600 in consequence of the ee rooms faced ; three men were on his track every i ontinued witness, Fi degperats aud revengefuly Thad made ‘an arrangement prague, President of the cha Hid io be in Sd ere June 9 and forsee Blocdgood ood told me he would certh rooms for me at the hotel; a, told Mr. Parke mete Fisk was a damned Diack: rand { would him; I never went downa ner eaceni in @ covered carriage; e @ new reconciliation, and comm quarrelling with me lu a week; then we h: another reconciliation and quarrel, The witness went on—At the reconciliation in Octo- ber, 1870—It was in Mrs. Mansfield’s back parlor—he told me be had Reed arrangements = LROAD ME TO THK ST. oy eat fod e vould get it ‘distnissed s vinae i ies wi danger- ‘e stretch out our han u he used to oe me his food bolled, but now he would make it all nis concluded the prisoner's direct examination and the Court adjourned, PATAL HA HATOHWAY OASUALTY. Two Verdicts. 4n inquest was yesterday held by Coroner Kessler in the case of Timothy O'Meara, the lad nearly twelve years of age, who was killed on the 16th instant by falling through the hatchway of the paper hanging manufactory, No. 413 West Thirty- first street, where he was employed. Quite a number of witnesses were examined, after which the case was given to the jury, who after being out over. two hours returned with no less than two verdicts as follows :— Ne ld the said Timothy O'Meara came to his death ym injuries received On the 16th day of October, i in being struck by an elevator and through the natchway at No. 413 West Thirty-first Street. We suggest that Messrs. . Whiting, Young & shot and others, should see that their rules sar tions rtalning to hate! sare pro reed. And we also deem it ver; easeduat for the Protection of life and limb thi authorities at once order an inspection of all warehouses and factory buildings with the view of ascertaining whether or no the hateh Well holes and elevators in the same are pro- perly protected by guards, We urge upon ail People employing children in factories the ecessity of keepi them from hatchways ana recommended thi gong or bell be attached to every elevator or hatchway that will give sufl- ous ee at pe when Ue havchway is ransi lowered | Sree is mee tune gals, tn egy, igne: re lewitt, James Smith, John B Walter Knight, John H. Bac Joseph Schwi arta. T, C, Lyman, of No, 618 W: ‘hirty-third 6 dissenting juror. brought ine a verdict of nociden tial death, received in the manner as stated, and Served with his Ieltow Jurorsin the recommenda- COLLECTING BOUNTY MONEY. A Kentucky Soldier Shoots His Dilatory Lawyer Through the Head. Lovisvituw, Ky., Oct. 28, 1873, This afternoon Joseph Crawford entered Magis- trate Lincoin’s office with @ companion, and, walk- ing to the back room, spoke a few words to Jonn McOarthy, a well-known dover, rot eae drawin; istol, fired at him at ive feet, li chiering McCarthy's Snead hear the right e Crawford attempted but was caught b; pgatye sh pe) 22 ciate retained 01 La Crawiord since 1 Al peated efforts to re- cover It Crawford sought jocartny a8 above stated and demanded the money. oer is @ wealthy man, A native of Tennessee. MoUarthy was taken Honme 1 w epitigat POLICE JUSTICESHIPS. The Board of Aldermen Reject tho Mayor’s Nominees. The Vote on the Confirmation of the Sev- eral Candidates—The Member from Harlem Gets Three Votes— “A Strong Nine.” EXCITEMENT AROUND THE HALL, So many times has the cry of “wolf” been raise? im connection with the nominations for police justices pending before the Board of Aldermen that up to the moment when the genuine ‘“woil"* did come no one credited his appearance. At every session of the Board of Aidermen expecta- tions were rife that some action would be taken on the Mayor’s ndfMinations contained in his mes- sages of June 6 and 26; but the COMBINATION WAS SO STRONG that nothing could break it, and fora few weekf Past the “third house” presented @ slimmer at- tendance than the importance of the Aldermanic Proceedings would warrant, simply from the act that no idea was entertained that any actior would be had on the nominations, av least until after the election. But alas for mortal calculations! The strongest com- binations can’ be broken, as yesterday's actions in the Aldermanic Chamber amply testify, and to-day the names of ten men, “stanch and true,” nominated for the ermine of the potice jus. tices’ courts, lie, to all intents and purposes, buried under the negative approval of the City Fathers, But they may be resurrected at the lat- ter’s pleasure, provided in their wise jadgment they may think proper to reverse yesterday's judg- ment, The ten nominees for Police Justices were rejected, and the deed may be put down to the score of A TAMMANY TRIUMPH, achieved by the sturdy warriors of that ancien’ Indian tribe. During the entire day yesterday all manner of rumors were current concerning the meeting ot the Board of Aldermen, that the combi- nation was “busted” and that queer doings woula happen, &c, Alderman Peter Kehr this time came under the ban of suspicion, and to him was attrib- uted the credit of being the enlightened voter who had it not only in his power to “fix” the Mayor’ nominees, but that be had actually had an under- standing with the powers that be, and tat he stoo¢ pledged to vote with the ultras, The fact of his visit ing the Mayor’s sanctum several times during the day added strength to the assumption, and now i( was considered ascertain that, with his voice on the side of the “implacables,” the long-deferred buai- ness would at last be fnished. THE GRAND TOURNAMENT that was to come off attracted the largest crowd: of outsiders that has congregated without the rail- ings of the city’s Solonsin along time, it was, betlaha iti an orderly crowd, Unaemonstrative, and composed merely of “lookers-on in Vieuna.’? Promptly at two o’clockh Mr. Samuel B, H. Vance, the President of the Board, ascended the rostram ae rapped the assembly to order. General Pinck- ey tue pede called the roster, to which all but erman MoC aiferty responded; but he very soon ‘iter made his appearance and took his seat. Thus full Board was in uttendance. Asa matter of form the minutes of the last meeting were read and approved, after which a few resolutions of minor importance were {otroduced and laia over or adopted, among them one offered by Alderman Monhemmer, that when the Board adjourned it stand adjourned until to-morrow afternoon at half-past three o’clock. A slight 1ull now occurred, and expectation was on tip-toe for the next development. Alderman Morris, the great mover-on of the Mayor’s nominations, was i00ked to by everybody to open the ball with a motion to take up the mes- sage of His Honor, &c., and sure enough he did not disappoint bis constituents. io THE VOTE. The joily Alderman rose in his seat and in a ‘‘most povent, grave and reverend seignior” manner, ad- dressed the President thus:—‘Mr, President, I move that the message oi His Honor the Mayor of June 4 relative to the nominations of Messrs, Acker' Streeter, be taken from the table.” The yeas and nays were demanded and the mo- tion prevatled—t0 to 5. Alderman MORRIS again rose and moved that the nomination of Alired i’. Ackert be contirmed. On calling the yeas and nays the nomination was Tejected, a8 10llows :-— a femaee— puweiagleaygh mone ee tive—Aldermen ‘ance tir.’ on aick, Fale lanag Sigrris kad Moubelmer.” ihr, a Alderman Morris proposed to confirm the nomination of Solomon D, Streeter for Police Jus- tice, which was oh ict ge by @ vote of 12 in the negative inst in the afirmative, viz.:— Aldermen Vance, Clausen and Q@ttendorfer. 1t was now thought that the programme ior the yf, a prepared, had been fully carried out, ana in fact the motion iy! Alderman Monheimer to adjourn gave color to such @ supposition; but there was lurtner business to be transacted, and the resolve to adjourn was lost by a large majority. Alderman Monheimer TRIED TO UNDO MATTERS by moving a reconsideration of the rejection ot ir. Streeter, but on Alderman Ottendorier explain- ing that under the charter the reconsideration couid be acted on at any time, the former withdrew his motion, only to be-renewed by Alderman Bill- ings, who likewise subsequently withdrew the re- solve. Alderwan Morris again deliberately as- sumed the floor and proposed that the Mayor's message Of June 26 nominating eight police jus- tices be taken [Soa the table, which was, 01 course, adopted—8 to a CIRCUS COMMENCED with prodigious feats o1 lofty tumbling. Mr. Morris Moved to confirm the nomination of Edward Fitch, The yeas and ide were called, and when it came to the turn eh fre jerman Cooper to answer he rose and pees ulogiam on the nominee, stating that Fitch ‘was @ very able man and eminently one for Pes wT res nore wed but, under the circumstances, he (the Alderman) desired to be excused from voting, ° this being refused, a Cooper voted no, iderman Kehr also rose explain, and as he understood that a vote jor reiee. tion can be reconsidered oS time, he would vote no. The nomination of Mr. Fitch was rejected by 9to 6, Aldermen Vance, Billings, Clausen, Fal- coner, Morris and Uttendorier voting in the ai rm ative. Mr. Morris continued in his yh et work, and moved tue confirmation of Mr. Wiiltam G. Ulshoef- fer, which, however, was rejected by a vote of 10 Aldermen Vance, Billings, Clausen, and Ottendorfer voting in the affirmative. The next victim to be shelved was Mr. James T. Kilbreth, whuse eat anni was Apt vgn by Al- derman ‘Morris. ‘The slat this candidate was effected yi @ vote ol oe to os those Hin J in favor bein, idermen Vance, B: ausen, alconer, lorris and Ottendorier. us Otterbourg, tne sixth on the list of oonsiateare for Police Court honors, was to be confirmed on motion of Alderman Morris, but the Board “could not see it in the same light’’ and re- jected him—8 to 7—Alderman Monheimer, in this rei ne With those in favor of making Roti eaaanted by defeat, Alderman Morris de- terminediy stood in the trench and boldly brought on the Dame of Mr. Longe - D, Sherwood for confir- predecessor, Mir. tial &. iail'snume appeared tient on the list, and was now brought fo tw be confirmed by Alderman him only only Alder- men Vance, a Clausen, Falconer and Otten- ign dod while the remaining ten voted against romotion. e ninth in order was Mr. Walter S. Vowles, a gentleman from the Harlem district. When Alder- “mrmecearn arran| sea qo that oa ‘tend no rent wan ey veo wen rejected nee @ vote of 11 to 4, lausen, Falconer and Ottendorter bey AY 1avor ‘Without " Shionrrang big sity an of fa: or distress, Alderman for soe tne and last time, arose and propo: aed. that Mr. Bet min 0, Wandell “be and the same is hereby con firmed ;” but Mr, Wundell only had Messrs. Vance, Bilitngs, Morris, Clausen, Falconer and Ottendorfer to ne him, wnich six votes were uni the nine opposed, and this nomination was allowed to slumber with those srnicn preceaed it 8 concluded the perform hich alt through was extremely orderly and the artists sugaged therein «well up in thelr pares," to use sow & few general orders away time, until haif-past tl hour the Board of Supervisors It was ex] pointed to iniorm His Hon May Sir td oe seetaecratante TE ] no . prenumed that the ler of the Board will inform im oficially, while ‘ ii re = doubt, posted him on the a) pn ag to the The spectal aoe ed tor to to-morrow after. noon will, no doubt, ace, additional nomina- fame fate as the first tons, wien may share the ea: place the Miceros noe 101 et ML? Af them ike B hive.of peem = ne ae