The New York Herald Newspaper, October 25, 1873, Page 5

_ THE CouRTS. + The Shanks Habeas Cor- pus Case. Another Day of Legal Skirmish- ing, and Further Argument Set Down for To-Day. TWO COMPTROLLERS IN THE FIELD. Gillen After Green—The Latter’s Position as Comptroller Claimed To Be Iegal— The Former Sworn in as Duly Elected to the Office by Jadge Loew—A Writ of Quo Warranto To Issue. FIGHTING FOLEY. Injunctions Asked for Against the Oomp- troller and Qity Ohamberlain—Papers Presented and Decision Reserved. BUSINESS IN THE OTHER COURTS. The Trial of Taintor Unavoidably Post- poned--Bankruptcy Calendar—De- cisions—Important Will Case—An Old Insurance Suit—Business in the General Sessions. In the United States Circuit Court yesterday, be- fore Judge Woodruff, in the suit of the United States vs, Max Moraland Michael Lipman, which was an action to recover $1,200 on a tobacco bond, there was a verdict for the United States, the de- fendants not appearing. Yesterday, in the United States Circuit Court, Judze Woodruff, in reply to a gentleman who had been fined for non-attendance as a juror, and who said that he had heretofore setticd with the Com- missioner of Jurors for not appearing, said there was no Commissioner of Jurors in that Court, and if there was a juror would not be allowed to settle with him for failing to put in an appearance when duly summoned, This settling with a Commis- sioner of Jurors was @ matter that he did not at all ‘understand, A man named John Roche went to register his Dame as avoter in the Eighteenth election dis- trict, and presented his papers of naturalization, which he had taken out in Connecticut. The in- Spector of election refused to register the man’s vote because his naturalization had not been effected in New York. The matter was referred to Commissioner Davenport, who decided in ac- cordance with the law, and in opposition to the ignorance of the inspector, that, no matter in what part of the Union the naturalization had taken place, it was the duty of the inspector to have re- gistered the vote of Roche, if the latter had re- sided the proper legal time in the district in which he proposed to exercise the franchise. Yesterday Haskell Rosenbaum, Louis Collet, Her- man Alexander and Jacob Peterson, No. 119 South Fiith avenue, manufacturers of hats and caps, were charged before Commissioner Shields with disposing of their assets after an injunction in involuntary proceedings in bankruptcy, ordering them not to part with any portion of their prop- erty, had been served upon them. They were each paid in $2,000 bail for examination. THE SHANKS HABEAS CORPUS. Another Long Talk on Legal Technicall ties and Nothing Accomplished—Fur- ther Argument Set Down for This Morning. : The interest felt in the Shanks habeas corpus case was shown in the large crowd in attendance yesterday morning in Supreme Court, Chambers, For some time, in fact, before Judge Fancher made his appearance on the Bench the room was packed full, and as on the day previous made up quite largely of newspaper men, Accompanying Mr. Shanks were his counsel, Messrs. H. L. Clinton, ©. A. Runkle and ex-Judge Dittenhoefer. Mr. Lyon, the Assistant District Attorney of this city, was reinforced by District Attorney Britton, of Brook- SURPRISE FOR THE SHANKS LAWYERS. Mr. Lyon said that, without watving the ques- tion of jurisdiction already raised, he desired to present the written return of the Sherif in place of the verbal one made the day previous. The court would observe that they now returned what appeared to be a different commitment. Through Imadvertence the order instead of the commitment had been first returned. Since then they had been turnished witn a copy of the commitment under Which Mr, Shanks was held. Mr. Clinton insisted that the oral return made the day before was conclusive and could not be amended, Mr. Lyon procured the return and the committal. ‘The foriner Was the oral return, long drawn out, but essentially reciting no new facts. The iatter docu- ment was nearly a counterpart of that published in yesterday’s HERALD, except instead of making the term of imprisonment to continue till he should resume the question, it specified the im- triers as ‘not exceeding thirty days or until e be discharged according to law.” Mr. Clinton said that he was greatly surprised at the production of these substituted documents, and he insisted that they were not admissible, He claimed that when the Court adjourned the day previous the counsel, without a shadow of Tight, took away the return which belonged to the Court, The original commitment was here, signed the officers and containing the seal of the Court. They held the Sheriff to that return, and objected to the reception of any other return. Writs of habeas corpus were of most sacred character and Were not be tampered with in any such wa Mr. Britton pronounced the speech of clin- ton as buncombe for the newspapers. The only fault was that be labored under a total misappre- hension o! the facts and had heen led away by the heat of his imagination. He was surprised that he could not see tle difference between an order of commitment and a commitment. He insisted that the commitment that had been read was the com- mitmeut, and not the order of commitment, upon the basis of which the counsel had fulminated his philipics. At the conclusion of his speech he moved & dismissal of the writ on the petition and tnat Mr. Shanks be recommitted to the custody of the Sherif of Kings county. Mr. Clinton objected and moved an adjournment Until to-morrow, in the meantime the custody of the prisoner to contunue the same as yesterday. The Court was assured of its power to place the prisoner in whatever custody it deemed best. Mr, Clinton remarked that to drag Mr. Shanks to the Kings County Jail would be harsh and cruel in the fullest degree, Mr. Shanks will appear when Wanted, and all the power of the District Attorney Britton) cannot keep him from appearing. Mr. hanks Was now quite ill; he had been dragged from a sick bed to attend upon the Kings County Grand Jury. The District Attorney knew of the prisoner's {liness, and, having everything all ready, sprung his trap upon the unsuspecting man. If the District Attorney would ferret out thieves as Dorsevaringly as he has followed up Mr, Shanks Brooklyn would be the treest city from crime in the world. Mr. Britton said he thoughtt that he wasinacourt of justice and nota hallior buucombe. He would deny that any oppression had been exercised towards Mr. Shanks. That the Tribune had pub- lished serious charges against @ prominent man and judge, and it was incumbent upon him as rosecuting attorney for the county to investigate he bah cd and, if found true, to prosecute the t CUSe! ni urt here called the gentleman to orde be | ‘& request to confine himself to the questi spute, Mr. Britton objected to an adjournment. This ‘was not a civil oase, but one for open contempt of court, which is purely criminal, Statutes were Cited which saya gaat ‘When a prisoner is produced upon v writ of habeas corpus ad testificandam he shall be immediately remanded to custody at the conclusion of his evidence, Judge Fancher thought that he had no right to listen to this writ; but as the prisoner was sick, and being & man of standing, he thought 1t right to let bim go on bis own recognizance, Much argu- ment between counsel gngued, when the Court set NEW YORK HERALD, SATURDAY, OCTOBER 25, 1873—TRIPLE SHEET, down the hearing of the case for twelve o’clock to- day. GILLEN AFTER GREEN. ene The Legality of Comptroller Green’s Appointment at: Issue—The Office Claimed by Mr. Gillen as Duly Elected— A Writ of Quo Warranto to Issue. In 1870 the charter of the city was passed which provided that the office of Comptroller should be an elective office, and that when a vacancy should occur it should be filled by appointment by the Mayor, which, however, should only be good until the first of January next succeeding the next general election, at which election a successor should be elected fora full term of four years. Later in the same session there was inserted in the tax levy for that year @ provision that the then Comptroller’s. (Connolly) term should expire within five days, and that the oitice should thereafter be held by ap- potntment from the Mayor. Under this last act ‘onnolly was appointed by the Mayor, although his first term by election had not nearly expired. The Court of Appeals has decided in respect to that act (the Tax of 1870), in the case of Huber sane ine People, that the act was unconstitu- tional as to all matters outside of the matter ex- pressed {n the title of the act, which was to pro- vide tunds for the government of the city of New York, and as a necessary consequence irom that decision the provision making the Comptroller an appointed officer was void, except in case of a vacancy. Connolly resigned on November 15, 187), and Mr. Geren was appointed by the Mayor. Under the decision above relerred to Mr. Gillen claims that Green’s appointment was gay valid under the charter of 1870 until the 1st of January of the present year, and that an election to fill the oMce for & new term became necessary in the fall of 1872, Tle placed himself before the people as a caneidate for that oMce at the November election of 1872, and , claims that he was unanimously elected, Yesterday Mr. Gillen was sworn in by Judge Loew in Part 2 of the Court of Common Pleas. He was accompained by his counsel, Mr. Malcolm Campbell, who intends to test the legality of the election by quo warranto in the Supreme Court. The oath taken by Mr. Gillen was to support the constitution of the United States and perform the duties of the oMfce of Comptrolier of the city and county of New York to the best of his ability. FIGHTING FOLEY. Again on the Injunction Warpath—In- junction Asked Against the Comp- troller and City Chamberiain, Outside of politics and occasional letters boiling over with belligerent bile, Mr. John Foley has not been heard of tor some time. He has turned up in the courts, however, again, and again is renewing his old legal warfare against the City Comptroiler. He has also thrown down the gauntlet to the City Chamberlain and boldly proclaims against both of these officials’ violations of the new City Charter. He proposes to put an estoppel on their alleged irregularities through the medium o1 an injunction. Attended by his counsel, Mr. A. R. Dyett, the in- detatigable Foley appeared yesterday in Supreme Court, Chambers, before Judge Barrett. They were armed with voluminous documents, the na- wre and the contents of which were speedily shown. They proved to be acomplaint on aifidavits in an action brought by Mr. Foley as a taxpayer under the Act of 1872 against Comptroller Green and Chainberlain Lane, upon which an inqusition was asked. Mr. Dyett briefly stated the contents of the papers to be that under the new charter all of the city and county moneys must be deposited in banks and trust companies ; that not a dollar can be drawn out except upon the Cham- berlain’s check, in addition to the warrant of the Comptroller and Mayor; but that defendants ever since the new charter was passed have utterly disregarded this provision of law, and that the banks have been paying the Comptroller's war- Tants without any checks of the Chamberlain. It is stated further that the charter fixes the salary of the Chamberlain at $30,000, but makes him pay out of that sum all assistants, clerks, and expenses of his bureau. That the defendants, by a harmony of action, have created and continued in office as “City Paymaster,’ and two assistants and other clerks, at salaries in all of about $7,000, in the Fi- nance Department, whose duties appertain to the Chamberlain’s Bureau, and are such as ought to be performed by the Chamberiain and paid jor by bim out of his $30,000 plum, and that the defendants have suffered about $10,000 cash to remain in the hands of the City Paymaster which ought to have remained on deposit in the bank. Mr, Dyett asked for an injunction to stay these illegal proceedings. Judge Barrett listened attentively, and at the close of Mr. Dyett’s statement remarked that he had not time ut that moment to examine the pa- pers and requested they might be lett with him for that Durpose, which being done, Mr. Foley and his counsel Jeft the Court. BUSINESS IN THE OTHER COURTS. UNITED STATES CIRCUIT COURT. The Alleged Detalcation in the Atlantic National Bank—Trial of Frank L. ‘Taintor. Yesterday Judge Benedict sat for the purpose of resuming the trial of Frank L. Taintor, who is indicted for having embezzled about $400,000, the property of the Atlantic National Bank of this city, of which he had been cashier. Mr. Biiss, United States District Attorney, ap- peared for the prosecution on behalf of the govern- ment, and Mr. A. O, Hall and Mr. John Sherwood defended the accused. Taintor, who was dressed in a suit of dark gray and looked in pretty fair health, had a long con- versation with Mr. Hall. Heis a man of small stature and slender build. Judgimg from his features, one would say that he is a person of con- siderable intelligence, though it has been said—we do not know with what truth—that his mind has latterly been somewhat impaired. He has been a good while in prison. After the jury had taken their seats one of the jurors, Mr. Oliver Bryan, rose and, addressing the Court, said:—Your Honor, I beg to be excused irom attendance upon this case in consequence of an in- cendiary fire at my house last night. The fire has destroyed property to the amount of about $20,000. ‘The consequence is that my tamily have been thrown out of doors, and the occurrence has so unsettled my mind thatIam utterly unable to give proper attention to this trial. Ihope I will be excused, Mr. Bliss (who was suffering under considerable hoarseness)—I have no Oe fees ion whatever. Mr. Hall—Of course, under the circumstance, we make no objection to the gentleman being’ ex- cused. Mr. Bryan then retired from the jury box. Judge Benedict—Swear another juror, Mr. Biiss—Before that is done, I would ask the indulgence of the Court. I came down here this morning with the intention of opening the case to the jury; but 1 am suffering under an attack of hoarseness, and the state of my voice 1s such that if I were to commence speaking now I know I should be obliged to desist in ten minutes atter. I therefore ask the Court to adjourn the case until Monday, and if by that time 1 am not able to go on With it, I shall find some one who can. Mr. HALL—Most undoubtedly; we acquiesce in the very proper application of Mr. Bliss. We want to hear his voice as well as the jury. Judge BENEDICT—We Will now adjourn the case until Monday. Then we can draw the other jury- man. ‘The case was accordingly adjourned, SUPREME COURT—CHA NBERS. Decisions. Wy Judge Fancher. Bernhard vs, Williams.—Oraer of reference to compute granted. p ‘Tull vs, Kenny,—Motion dented, Barrett vs. Barrett.—Report confirmed and judg- ment of divorce granted. Kruse vs. et at confirmed and jadg- ment of divorce granted, with costs, Atlantic Savings bank vs, Hetterich.—Reargu- ment ordered. Hodgens vs. Hodgens.—Judgment of divorce ranted and custouy of children awarded to plain- Att. aa vs, Remmington.—See memoranda of de- cision, Babcock vs. Hallenbeck.—Report confirmed and judgment granted. Haskin vs. Weyer.—Judgment granted. Wipper vs. Wipper.—Memoranda lor counsel, Funk vs. Funk.—Memoranda for counsel, In the Matter of the Application of Andrew Dogherty—Keceiver’s petition granted, fore vs, Sour.—Report confirmed and order to payment made. : SUPERIOR COURT—SPECIAL TERM, Decisions, By Judge Van Vorst. Dietz vs. Dietz.—Motion granted. Putzei vs, Van Brunt.—Order of reference, Langdon vs. Sea Oliff Grove and Camp Ground Association.—Motion granted. See memoranda, Koehler vs. McArdie, Berndt vs. Bernat, Schreyer vs. Sehreyer, Steinfleld vs. Sommers, Dietz vs, Dietz, Dietz vs. McCallum.—Orders ranted, bs By Judge Sedgewick. Spangenmacher vs. Byret.—The accounting should be opened and plaintiff! have judgment for the amount of his interest. The particulars will appear in the findings and conclusions on file, See opinion. MARINE SOUAT—PART |. An Old Insurance Case. Before Judge Gross. Hiram P. Crozier vs. Joshua B. Gates.—Some twenty years ago the defendant became general agent, for Now York and part of New Jersey, for the United States Life Insurance Company, then in its infancy, and continued in that capacity until a few years ago, when, becoming disabled through tll health, the company sought to cancel their con- tract with him. His income from commissions at this time amounted to nearly $15,000 @ year. Ne- gotiations were had as to a compromise, Mr. Gates claiming $100,000 as a fair sum to be paid him in closing out the agency; while the company, without making @ direct offer, intimated that shay would consider one at about a figure of $25,000. The plaintiff, who had been for tive years deiendant’s most active and successiul sub-agent, and was finally engaged inde- pendently by the compan , claims that he was bs ergs retained by Mr. Gates to act for him in these negotiations, with the promise that he would py him $250) matters were arranged without a law suit, and that through his influence the com- pany was brought up trom $25,000 to $50,000, which sum Was paid to the defendant. The defendant not only denies that a. acted in his behalf, but asserts that he, in the interest of the eompany, tried to depreciate his claim, On a former trial of this case the jury disagreed, but on this occasion, alter a stirring addres 5 yt plaintiff in person, @ verdict was rendere his favor for the fui) amount claimed, SURROGATE’S COURT. Important Will Case. Before Surrogate Robert ©. Hutchings. The matter of the estate of the late George Harding came up for adjustment before Surrogate Hutchings yesterday. For a number of years de- ceased was the largest linen importer in the trade, In 1847 he met a Mrs, Elizabeth Walker, a widow, as Mrs. Harding now claims, was married by a justice, but failed to get a certificate. Mr, Harding bought 4 house in Cornelia street, where, notwithstandiug his wealth, he continued to live unth his death, on the 6th of March last. ‘There were no children ;but from testimony produced it appears Mr. and Mrs. Harding lived on the most afectionate terms. He was @ Very retired man, if not hating, at least caring nothing for society, and very reticent as to his ousiness. On the 6th of last March he died, leaving per- sonal property te the amount 0: between $1,500,000 and $2,000,000, all in bonds, stocks and In bank. He owned no real estate except the house in Cor- nelia street, in which he lived. He expressea a fear that the marriage might be denied after his death by his relatives for their own interests, and 80 went through a marriage form in presence of Dr. Van Pelt, whom he asked to be a witness. He ut aring on Mrs, Harding's finger, said he would be her lawiul husband, and she said she would be his wife. He then kissed her, The further hearing of the matter was adjourned until to-day. count OF GENERAL SESSIONS. The Wall Street Forgerics—Motion to Bait the Defendants Roberts and Gleason. Before Recorder Hackett. At noon yesterday Assistant District Attorney Allencame into Court and informed His Honor that he heid in his hand two indictments against Andrew L, Roberts and Valentine Gleason for for- gery in the second degree, ana there were sixty- eight indictments against them for forgery iu the third degree. The prisoners were brought into Court upon a bench warrant, and he asked that they be committed. Ex-Recorder Smith, by whose side the defend- ants sat, pleaded not guilty, and proceeded to ad- dress the Courtin reference to the question of balling these parties, He said they were arrested two weeks ago, and, instead of being examined before a Magistrate, which was the usual custom, the matter was sent belore the Grand Jury. They were not advised as to who the witnesses were who appeared against them before the Grand Jury, and dia not know the nature of the testimony ad- duced against them. It looked as if the intention was to deprive the accused of bail by fiiding such a@ large number of indictments against them; but it was their constitutional right to demand that the bail should not be excessive. Counsel said that the District Attorney should at least furnish the deiendants with a list of the wit- |. nesses sworn beiore the Grand Jury. Mr. Allen assured the counsel that there was not @ particle of evidence ou the minntes of the Grand Jury in reterence to tnose indictments, and in- formed His Honor that the prosecution would lay before tne Court all the information that the Dis- trict Attorney had relative to the guilt of the de- fendants, but there were other matters connected with those offences which it would be manifestiy improper to communicate to the prisoners or their counscl. The Recorder said he would take the matter under advisement and render his decision in the morning. Robbery. George Carey, a young man who was indicted for assaulting and robbing David Taggert of a silver watch and $26 in money on the 14th of this month, pleaded guilty to an assault with intent to rob, le was sent to the State Prison for four years. Assauit with an Axe—Acquittal of the Accused. Patrick H. Regan was tried upon an indictment j charging him with perpetrating a felonious assault on Wiiliam Jennings. The complainant testified that on the 11th of August last the prisoner came into the cotton packing establishment No, 403 West street, where he was working, and that while skylarking with him Regan struck him on the back of the head with a small axe. Mr. Howe calied witnesses to show that the defendant was teased by the complainant, who begged to be let alone; that while Jennings held him by the beard | he lifted the axe, which he was using to hoop tne cotton bale, intending to hit lim with the flat part of it, but unfortunately he (Jennings) listed his elbow and the edge touched the skull. Respectable gentiemen gave Reagan an unusuily good charac- ter for peaceabieness, which resulted in a verdict of not guilty. Acquittals. Frank Edwards, a boy, was charged with steal- ing on the 7th inst. two diamond studs and $200 in money, which were placed in a box owned by William S. Pontin, a restaurant keeper. His Honor had to instruct the jury to acquit the youth ve- cause of a legal tecanicality, a police captain hav- ing told the youth that it would be better for him to tell all he Knew aboutit. Assistant District At- terney Rollins remarked that policemen ought to be very careiul in their statements to persons charged with crime. Dennis Dogan was found not guilty of stealing a id waten, Which was taken from the person of john McManus on the 10th of August. It was satis- factorily shown by the witnesses jor the detence that the accused purchased tae watch in a broken condition for five dollars trom a youth, He gotit repaired and gave it to a man to rafile it, which led to its recovery by the complainant. The defendant showed his good character by @ number of wit- nesses. YORKVILLE POLICE COURT. The Baby Farming Case. The case of Ellen Roberts, the “baby farmer,” was up again for examination yesterday before Justice Coulter, Several witnesses for the defence were examined, all of whom gave the defendant an irreproachable character for sobriety, honesty and imdustry, With regard to her treatment of the little ones placed under her care it could not have been better ifthe children were her own. In fact, they loved her so that when she was absent they usually cried for her re‘urn. Dr. Jerome C, Smitn, the physician who attended the children under Mrs. Roberts’ care, testified that the uniform treatment of the children was good; the ratio of mortality among Mrs. Roberts’ children was no greater than that or any public institution waere children are kept in a like manner, that is where they are deprived of the breast; one of the children attended by him presented the appear- ance of having died irom neglect or starvation, but he did not wish to be musunder- stood; they “evidently died from the in: bility’ tO obtain nourishment from artificial food; if that be to die trom starvation they did, but none of them died from that cause primarily, it being @ secondary or adjunct cause, as ex- pressed in the death certificate;” the bedding was clean and the place generally was kept clean and tidy; never saw Mrs, Roberts under the influence of iiquor, but there was one occasion on which her perlect temperance might be doubted; she suffered from asthma and occasionally took a little whiskey to obiain_ reliel; on the occasion in question she complained of illness and went to bed, giving the chil- dren in charge to other women who were present; there never was a time when other women, em- ployés, mothers of the children or other persons were not in the house with Mrs. Roberts; was,called upon to visit the children by Mrs, Roberts, and knowing it to be a charitable institution witness always went when sent for; sometimes the parents ‘of the children compensated him, but not generally for more than one visit; was not compensated by Mrs. Roberts. One of the nurses empioyed by . Roberts swore that the children’s botties were never allowed to be empty and that the chil- dren were always kept clean. The milkman testi- fled that he usually left Mrs. Roberts from ten to fifteen quarts of milk per day. The examination Was then adjourned indefinitely, COURT CALENDARS—THIS DAY. UNITED States Crrcuir CourtT—IN Bangkurroy— Held by Ye Biatchford.—Nos. 4018, 4189, 4260, 4267, ane, , 4206, 4207, 4303, 4311, ve 4313, 4314, 4815, 4816, 4317, 4318, 4319, 4322, 4324, 4826, 4326, 4327, 4829, ‘4331, Among the above cases are bond of Joseph Agate vs. the Manhattan Sewing lachine Cor ny, Jonn Carton va, The American Fertilizer and Cement Manufacturing Company, James J. Healy vs, The Manhattan Odorless Lxca- vating Compan}, iam L. Scott vs. Daniel Drew, Kenyon Cox, William H, Hutchinson and Horace Mannel; the Union Car Spri Company vs. The New York ana Oswego Midiand Railroad Company. MARINE CoURT—SPKcIAL TeRM—Held by Judges Gross and Howland.—Non-enumerated Motwons and Ap! from Orders—Barton vs, Hermann, Hart vs. Connor, Joues ve. Ferguson and Holske ve, Hall. UNITED STATES SUPREME COURT. WASHINGTON, Oct, 24, 1878, The business before the United States Supreme Court may be briefly stated as follows About twelve cases, of more or less importance, which were argued at tke jast term of the Court, were held over for decision at the present term, among them two cases from Utah, one of which presents the same question as was decided in the case of Clinton et a). vs. Engelbrecht et al. some two we. since—whether it is the duty of the United States Attorney for the Territory to prosecate in the several counties all persons accused of offences, as well against the laws of the United States as against the laws of the Ter- ritory, The Court below sustained the District Attorney upon the theory that the courts éstab- lished in the Territory were courts of the United States. If the case is to be decided upon the authority of the one cited above this decision must be overruled, tor it was therein held, the late Chief Justice de- verre the opinion, that these courts were Ter- ritorial co and not courts of the United States. ‘The other Utah case presents the question of juris- diction of the probate courts of the Territory un- der the act of Congress organizing the Territorial government. Another important case held over comes from the Supreme Court of lowa, and presents the question whether tne va- rious State laws, and particularly those of Towa, forbidding the manulacture and sale of alcoholic liquors, are not in conflict with the provision of the fourteenth amendment, It is contended that inasmuch as such liquors are recognized a& property by the federal laws no State can ay gal its citizens of the right to hold and deal in them ina proper manner, and that rhe pate Whose property has been seized and destroyed under the lw is entitled to redress, by virtue of the amendment cited, and to immunity in the future. A case involving the constitutionality of the En- forcement act, also argued last winter by Reverdy Johnson against the constitutionality of the act, was aiso on the docket for decision, but the pardon ofthe party by the President on acconnt of ex- tenuating circumstances in the case has neces- sarily concludea the case by abatement. Mr. Johnson was quite anxious that the case should be decided last term, and was hopeful of a deciston sustaining his position, relying somewhat on its sanction by the then Chief Justice, A number of cases were also ordered for reargu- ment, mostly tax and railroad cases resisting the exactions of the Revenue Department, The docket is very 1ull, and, under the new law allowing appeals and writs of error trom State courts wherever a federal question is raised on the test, must continue to increase, and pervaps even to the extent to require a remedy. PHELPS, THE DEFAULTER. Interviews with General Barlow and District Attorney Moak, of Albany— The District Attorney Declares that He Will Consent to No Compromisc—The Entire Loss Not Over $200,000. District Attorney Moak, of Albany county, ar- rived here at an early hour yesterday morning from Albany, A'rumor was current that his visit to New York was in connection with the Phelps deiatcation, and that he came here to consult At- torney General Barlow in regard to the best means of convicting Phelps and guarding the interests of the State Treasury. A HERALD reporter who called at the Attorney General's office yesterday was told that General Barlow had gone out with District Attorney Moak, At half-past two o'clock General Barlow and Mr. Moak returned in a great hurry. The followiag conversation then took place between the reporter and the District Attorney of Albany county :— WHAT MR, MOAK SAYS. REPORTER—Will yon have the goodness to.give me any new facts in your possession im regard to the Phelps defalcation? Mr. MoaK—I will giadly tell you all that I con- sistently can, considering the interests of justice and my duty as public prosecutor. Lam herein connection with this case in order to co-operate with General Barlow and to pursue the inquiry into its extraordinary circumstances, Of course you cannot expect me to enter into the details Ol the investigation; that would probabiydeleat the ends ot justice, Revorten—is it true that you have obtained some clew to $150,000 of the stolen money, and ex- pect to get this amount back? Mr. Moak—Oh, I am really not at liberty to state the realamount. Alllcan say is that we expect to get some of the money back—how much, it would be quite impossible for me to say. Yon may state that the State authorities have some hope of realizing a part of the stolen money. RerokTER—How muca will the State lose prob- ably, or will the banks be the only losers? . MOAK—Thav part of tne case BELONGS ENTIRELY TO GENERAL BARLOW. I don’t know whether tne State will lose any ier or not. I regard the criminal prosecution an punishment o/ this man as oi lar greater importance than the saving of $1,000, or any thousands of dol- lars, The State cannot adord to compromise with such scoundrels, ReporTek--lhen you will not consent to any | compromise Mr, MoakK—No! I will not enter into any com- ' promise, as 1 do not believe in compromising with scoundrels, It would be most injurious to the tone of public morality in the State, and I think that the respectable part of the community would certainly disapprove ot it. REroRTER—Could you not give me any idea of tor geome extent of the loss to the State and the wanks! Mr. Moak—It is impossible to state the amount with any precision, but THE LOSS WILL SCARCELY BE OVER TWO HUNDRED THOUSAND DOLLARS. How much we will recover it would be impossible for me to say, RerorteR—Has Phelps any accomplices whom you are likely to prosecute? Mr. MoaK—I can’t tell you that, asit might de- feat the ends of justice. Besides, I have no accu- rate and trustworthy information on the subject. RerorTER—Do you think you will be able to con- vict Phelps ? Mr. Moak—Undoubtedly; there is no question but what he can be convicted and punished. You may safely say that. And now | musi make haste to aoe the General, neral Barlow was bundling up bis papers, and said he was 1n a hurry to go out of town. The re- porter asked hima few questions, which he an- swered with his usual courtesy. REPORTER—Mr. Moak told me, General, that you know best whether the State or the banks wiil lose the money Which was stolen by Pheips trom the State Treasury. General BaRLOw—The State will lose some money; how ich it would at present be impossi- ble to say. é are doing all we can to TRACE OUT ANY PERCEPTIBLE CLEWS to the money, and District. Attorney Moak is here to co-operate with me im the matter. We have been working on the case all day, but the publication of the facts which are already in our possession would be prejudicial to the in- terests of the State. The iniormation given by Mr. Moak ts correct, and is about all that can be divuiged for the present, WORDS, NOT DEEDS, + The Platform of a Statesman Out of Ofice=Mr. Disracli’s Itching. The English papers print the following melan choly, commentary on the purity of the liberal Cabineti— At a meeting on Monday evening at Bath in sup- port of Mr. Forsyth, the conservative candidate for that city, Lord Grey de Wilton sent the followin, ietter from Mr. Disraeli:— _ Ocroner 8, 1873. My Dear Grey—1 am much obliged to youfor your Bath news. It is most interesting, It is rare a constitu- ency has the opportunity of not only leading but sustain- ing penite opinion at a critical peri. That has been igh Jortune ot the people of Bath, and they have proved themselves worthy of it by the spirit and con- stancy they have shown. I cannot doubt they will continue their patriotic course b; ig Mr. For- ot property in the countr; varied this state of civil warfare job which outraged public opinion, mistakes which have been always sometimes ruinous. All this they call a Ae Ba fon greet" acing’ and aa Ing. Ever yours sineerely, © Mh DISRARLI. John Bright, who has just been returned without opposition, takes another view of the question, which is quite natural :— To tax Evxctors or BrawiranaM:— GuntieMen—I have accepted the office of the Duchy of Lancaster, and the honorable, place which you entrusted to me nearly five years ago is vacant. {iis necessar; for me to ask Your sanction fe the Thave taken, asked it and received iton the formation of the present administrauon. ‘The-ofice | have accepted is not one of heavy depart. mental duty or T could not haye ventured upon it; butit wiilenable me to take part in the deliberations of the Cabinet and render service to principles which I have often expounded in your hearing. and whieh you have nerally approved more important, I believe, than an: could render in the House of Commons unconnecte ith the government, ba do not write ‘ou a long address, ior { am not A rinciples when in office stra as to pa A hold = that, ave con ro! since you gave me your Pengo, "When Y and’ mysel? ut. confidence sixteen able to advance those prinet les and to serve you honestiy as 4 Minister I shat abandon a position which demands of me gacraese which I cannot maki Towe much~no other man owes so much do—to your forbearance | generosity. ‘this makes me bold gratchuiy andvauntuny your, "°” Yous saiaut ratetully a ' § Rocupans, Oct, 6 4 STOKES THIRD TRIAL. Close of Stokes’ Cross- Examination. Continuation of the Medical Testimony--- Who Killed Fisk? THE DOCTORS AT LOGGERHEADS. Military and Sartorial Testimony. What the Officers of the Ninth Say as to Fisk Oarrying a Pistol, and What the Tailor Who Out His Pants Says as to a Pistol Pocket, Rebutting Testimony for the Prosecution. Yesterday was the fifteenth day of the third trial of Edward S. Stokes for the shooting of Colonel James Fisk, Jr., in the Grand Central Hotel, nearly two years ago. On the present trial, whatever legal weight may be given to the new testimony admitted under the more liberal ruling of the Court, and which, to a great extent, had been ex- eluded on the previous trials, it is certainly true that, to some extent, the public mind has been favorably impressed by it, That defence has now closed, so far as the testimony is concerned, and it remains with the able counsel for the defence to make the most they can of it with the jury, and for the prosecution—perhaps a harder task—to neutralize its natural effect upon the minds of men sworn to pass upon the life of a fellow man. The prisoner, Stokes, went through the ordeal of @ cross-examination with his usual coolness and persistency of narrative as to all the incidents of the 6th of January, the day of the shooting, that marked his previous examination on this ex- citing subject, from the close of the case at the Yorkville Police Court to his rencontre with Fisk on the stairway of the Grand Central Hotel. The crowd of those anxious to enter the court room, with the desire to have a look at the prisoner, to take a squint at the Judge, to speculate upon the jury and to take measure of the mental calibre of the counsel for and against, is increasing daily, Judge Davis would do a great favor, however, to the few—those who are in fact the representatives of public interest in the proceedings, the members of the press and their representatives between the court room and their respective ofMfces—to have some officer ofthe Court stationed at the doors to whom a previous knowledge of the parties, or credentials from their papers, would insure a readier admittance than Is now allowed. Court officers have notoriously large numbers of followers, who are admitted at a mo- ment’s notice, while the reporters and their me: sengers are repelled not unfrequently with vi lence and insult, Yesterday’s proceedings com- menced with the CROSS-EXAMINATION OF STOKES. By District Attorney Phelps—I had a meeting with Fisk, when a reconcilliation took place, at Delmonico’s; subsequently we had another meeting for the same pur- pose in the directors’ room of the Grand Opera House ; it was held at the suggestion of Mr. Fisk and others: was subpenaed to appear at Justice Bixby’s Court as a witness in the suit of aiass Mansfield against James Fisk; Tieftin company with Colonel Fellows and Mr. John McKeon; they did notadvise me on the way down that the result of the proceedings would be that Justice Bixby would dismiss the complaint Q. What conversation did you have with them on that subjectt we Tremain objected on the ground that what they said to him, or what he said to them, was privileged be- tween counsel and ciient, Waived. ‘Witness—We lett the carriage at the Broadway entrance and went immediately into Delmonico’s; did not go into the barroom; I ‘saw in there ex-Mayor Sprague, of Utica; did not see Judge Barnard there; went next to Mr. Andre office and had a briet con- yersation with him; remained there probably about five minutegand then went to Mr. Bixby's office ; T asked Mr. Bixby 1 asked Mr. Andrews, if I might go to Provi- dence in safety, and he said certainly, that the indict- ment against me had been dismissed. Did you say coming down in the carriage that if Fisk got you dicted he would never live to see you tried’ A. No, ir; nor did I say anything like if; I drove next to the Hoffman House and thence to my room; 1 took the papers that represented my appeal in the horse case. Witness detailed the contents of the “horse papers,” which were aitidavits relating to the dispute about the horse trot which it was alleged took place in Rhode Island; the only object which I had in going to Miss Mansfield’s was to get the agreement between Mr. Smith and myself as to the conditions of the trot, which she haa in her possession; the man Ferris, who I was in search of when I left bodge & Chamberlain’s saloon, kept # livery stable in Amity street, near Mercer; in the hotel I first had my attention called to Fisk by seeing the red ining of his coat; he pulled a pistol from, beneath his d jumped to one side of the platiorm on the ladies’ "HE CAME UP TO THE PLATFORM WITH 4 RUSH; I then saw it was Fisk; do not recollect what kind of a pistol it was exactly that Fisk had; ali I know is that tt asa light colored pistol; he held ais weapon right in. front of him with both hands upon it, and he was still on the advance; he was in just the same position wnen I fired; the very instant I saw him pulling his pistol I ulled mine; I pulled it with one hand and cocked and red it with the same hand; the moment J fired ke bent over as if he was hit, and said, as the second shot was Oh!” after the second shot was fired he ex- “Don’t shoot!” I fired the second shot just as could atter the first; he did not throw up his hands, I am sure of that; the third exclamation he made was “vx sor!” Here the District Attorney read over portions of the testimony given by the prisoner in the former trials about the same occurrence, and asked him if it was cor- he aftirmative. Go up stairs again as soon as I saw Fisk: thi isk at that time was his sitting on the steps of the platform, leaning on the rail- ings; Tam sure when the second shot was fired he was facing me in the crouching pesition, already described my pistol was loaded when f bought it.and never had been discharged; L only bought one at the time; atte: fired twice I thought there was very great danger of a returning fire, and I got out of the Way as soon " ble; Lgot up to the hall and walked along till I met Mr. Hii; fdo not know what became of the pistol; 1 must apped it; I have a general reco lection that I said There's & man shot” to some person, perhaps to Mr. Hill, and was bewildered and contused, ‘and do not member how I got outot the place to the station honse; Tbelieve every word Mr. Hill says as to what I said an did on that occasion; T had ne: m down that stair- case before in my lite; I'm positive that every word Thomas Hart uttered is a falsehood; I have no donbt that Mart followed me down the staircase, but he tol- lowed behind Mr. Hill. ‘The witness was asked if, in an interview with the man Ferris at the Tombs, he did not ask him to awear that he (Ferris) had an engagement with him on the corner of Amity street on the 6th of January and he would make tt Worth his while, and he denied it; never intended to shoot Fisk while he was riding in a close car- riage in Brooklyn in company with Jay Gould; never saw Fisk and Gould together in my lite; knew th Louis Burrill, but never asked him to keep still about my intention to shoot Fisk in Brooklyn; did ‘not intend to shoot Fisk at the Fifth Avenue Hotel, and didnot 0 ex- press myself; never said that any man who Killed Fisk would not be hurt tor it; have no recollection of having said anything like it; knew John R, Kimball slightly ; re- member meeting him at the Hofman House and may hi met Mr, Parker there; did not say to him that Fisk wasa damned blackmailer and I'd shoot him; nothing like it either in language or in substance ; the last time, previous to the 6th of January, when I saw Fisk was at the new lay at the Grand Opera House; he was pointed out to me, Bur't did not speak; Tam nota good shot: 1 have owned three oF four pistols, but never practice shooting, except at Saratoga, where I was spending the summer; I had been in the habit of indulging so eee port, as was very (ond of it; did not consider myself a good ama- teur gymnast; I understood, continued the witness, in answer to the District Attorney. that the indictment against me had been dismissed; T'asked the District At. torney to go before the Grand Jury with me to have Fisk indicted, and he said at once that he would not; Mr. Fisk asked him to get an indictment against me, and diately they went into the Grand Jury arm-in-arm. To Mr. Tremain—I had always beet on good erms with Fisk previous to these meetings for reconciliation. @ Bia youor not make i Jena, of diamonds amounting to several thousands of doll ‘Objected to as immaterial and object yn sustained Counsel wanted to show that the pyigoner had dag gntertained kindly feeling toward previous to tl ite host . ‘The prisoner was examined some time jongse, on points rid sy jence which have already been twiee before pub- st CHARLES A. LEALE ON THE STAND, ‘The witness was examined on the natare of abdominal wounds. He cited three distinct cases much more dan- gerous to life, as was alleged, than the wound inflict on Fisk, in which cases the three patients recovered. Witness did not consider Fisk's necessarily mortal. Ma Tremain at this stage arose and said, that on the last tgial a man named Houseman was on Fisk's carriage when he entered the ladies’ deor, and he wanted now fe Prosecution to either read hfs testimony, or produce Judge Davis said he never heard Factice, and would not order the District Attorney to a00 iar aay such manner. A recess was then taken for half an hour. TESTIMONY ON REBUITAL, DR. CROSBY ON THE STAND, Dr. Crosby was the next witness ‘called. He had been summoned to see Fisk at the last and had administered morphine; first dose was one-fourth of ext dose ‘was about six 8 seven eighths of # did not an: giv if the attendants had gone beyond tl struct thought the perforation was, in space. three-fourths to one m_— circumference; have seen six ‘wounds besides pw led in tae octet as o ounded in the, try to restore heat by artificial means, would advise # patient to keep quiet; very small dosos ‘of poison Kil ay iment and had Sen was a Cap Fisk 3 with the of Suly riots. ion as to whether wi io pyre 0 LR ok REL a gh mee, bul 101 th te uy bs and did penne Thee he ever threatened Iso Symes cs in the Ninth Hed—Knew. use he was in the employ of the Erte Railroad; it with Fisk ith him at the time o' leath. (The question as to whether he ever knew to a pistol was objected to, but was ove isk undress. and never saw & pasted ia hes ‘that was the only means he had of eerie, that never ried @ ey except Fisk's word that he did; Fisk had been his friend; don’t think Fisk have carried a pistol without his knowing it, COL. CHARLES R. BRAINE Was next called ; was Colonel of the Ninth regiment. i remembered the July Was Intimate with | Fisk: ever saw with a pistol, knew carrying one: never failed in business’ Flak Be tne @ place on the Erie Railroad; was formerly Major the Ninth regiment; declined the colonelship of the ment for Fisk because he thought it was to the in of the regiment; was elected Lieutenant Colonel at wards; was taken inte Fisk’s employ some time after Wards because I got a salary larger thin I made as stock RECORDER HACKETT ON THE STAND, Hon, John K. Hackett was then sworn—Had been in Pocket tad no means of knowing Sita o eats ae hi 8 of knowin carried a pistol or not. p eectras Stepnees-re Rane AUEE MOSQUITO ON THE stan. manuel juito was then put upon the stand—Wi formerly. in the employ of J. W. Bell tailor, as utters cut Fisk's clothes. (Here the pants of deceased were handed to witness.) Belleved he cut them; do not re- member that Colonel Fisk ever gave orders to have pistol poeket put in his pants. MR. CURTIS RECALLED. Mr. Francis Curtis was then recalled—He stated that ashe approached the staircase he heard Fisk exclaim, “Won't some one protect me ?”” These questions had formerly been ruled out, bee ane now admitted., The Court then ad- journed, THE BOND FORGERIES. 2) ull Ht 3 28 ys i The District Attorney Alleged To Have Cape tured $160,000 of the Proceeds of the Forgeries—The Arrest of Two of the Gang—Their Unwarrantable Dis- charge at Hoboken—The First Civil Suits in the Matter. It was reported yesterday afternoon that Assist. ant District Attorney Allen, who is working inces- santly in the matter f the recent immense railroad bond forgeries, holds in his possession upwards of $160,000 of property, being the proceeds of the above mentioned forgeries. In addition to this, it is alleged that he holds direct evidence incriminat- ing seven of the headquarters detectives for collu- sion and receiving bribes from the forgers. Highly important arrests, which will conclusively link to- gether the few missing chains of evidence, are ex- pected within the next few days, ARREST OF TWO OF THE GANG. Information was iately received at the office of the District Attorney to the effect that two men had been shacowed at Allentown, Pa, who were supposed to be implicated with Andy Roberts, Frank Gleason and others now in custody. The Mayor of Allentown expressed his willingness to co-operate witn the New York authorities in bring- ing the culprits to justice, The names of the sus- pected men were the notorious Ed. Hall, alias “allen,” and one Cook, which latter name ts eup- posed to be fictitious. The arrests were made by Detective Aymar last Tuesday, acting on behalf of Mr. P. B. Brown, of this city, and the men were brought to Hoboken, there to be transferred to this city. On the way down from Allentown Cook made an unsuccessiul attempt to escape from the railroad car in which the party were riding. Last Wednesday these men Were brought before Recorder Bohnstedt, who was informed by tae New York authorities that S reanin dan had been sent from Albany, asking that the men might be brought over in custody to New York State, there to, answer lor offences committed by them. affidavit from Mr. White, of this city, was ulso put in, to the effect that Hall was a fugitive from jus- tice. But etka, this, and oe to the mediation of McWilliams, the ex-Chie of the Jersey City Police, who was lately tried for malfeasance in office, and who, by the way, is a relation by marriage of Hall, Re- corder Bohnstedt, in open opposition tothe re- quest of the District Attorney of New York, gave the men their liverty, disregarding the afiidavits made by respectable citizens of this city. It is re- Ported that a representation on the subject will be made to the Governor of New Jersey, praying tor an investigation of the matter. HALL’S ANTECEDENTS. Ed. Hall was connected with Werner, Benning and Coie in the forgeries of the city of Allentown bonds. Benning was formerly a resident at Olean, New York State, and was employed by Hall to a forged oonds. It has also transpired thas all was the man who purchased the oe bond irom which the imitations were made. Hail was connected with @ man named Peterson, who figured in the Union Pacific bond forgeries of last year. In the investigation which subsequently transpired, Hall’s partner, McMillen, turne ws @ reference tor Peterson. The investigation into the matter of this forgery was never carried to much length. Hall is about thirty-seven years of age, is married and keeps a saloon in Newark ave- nue, Jersey City. Since the exposure of the authors of the pronens Sigantto forgeries of railroad bonds in the HeraLp of 2a cenremes last, he has taken to flight, and has resided princip: at Easton ‘and Allentown, Pa. Hall is also nted” for & robbery which recently took place at Athens, INTERVIEW WITH THE ASSISTANT DISTRICT ATTOR- NEY. A HERALD reporter had a brief conversation with Assistant District Attorney Allen, yesterday after- noon, in which that gentleman ‘seemed highly pieased with the results of employing private de- tectives instead of the “regulars”? at Police Head- quarters. He seemed also very hopeful that within aweek or ten days the case will be complete against the accused men. FIRST LEGAL CAPTURE OF THE SPOILS. Two civil suits are now pending in the Supreme Court against ‘‘Andy L. Roberts, and his brothers, and widow Lydia J. epee 3 in which Adolf Obri, and Augustine Banks are plaintiffs in one suit an Saunders &-Hardenbergh are plaintiffs in the other suit. The suits have been commenced by attach- ment being made by William Wirt Hewitt, of the firm of Hewitt & Neville, Wall street, Lhe ge counsel for the piaintitts. The property. attache consists of about $60,000 of cash and securities in the hands of the Sheriff. by the papers filed in the County Clerk’s office that Andrew L. Roberts and the fair Lydia supplied funds necessary to be used in pre- paring the plates, doing the engraving and getting up forgeries of the first mortgage bonds of. the Buffalo, New York and Frie and like New York Central 67’s, Further, that ome Johnstone, now in the Tombs, and otiers acted as their accom- plices in placing the forged bonds, and did place with Obrig & Co. and Saunders & Hardenbergh some $65,000, viz.:—$20,000 to Obrig & Co. and $45,000 to Saunders & Hardenbergh. ‘The complaint further alleges that Roberts is a no- toriously bad character and well known to the police, and has already served a term of imprison- ment, and that also he and his assoctates had about them when arrested a quantity of Bank of England. notes, which may be looked upon a8 an evidence of thelr intention to decamp. ‘The interest in Wall street is becoming ter and greater, day by day, with reference to rail- road bond forgeries, the more so that it is reported on good authority that many firms hold a large gaagtiy of the hogs stuff, who have hitherto jeclined to make their loss public. Withina few days it is hoped that @ correct list of the sufferers can be published. A CORRECTION. By a typographical error in the HERALD of Octo- ber 22, the address of Andrew Roberts was given as No. 210 West Twenty-first street, instead of No. 206. It appears | earliest convenience Hy all fin me Ie 5 ‘th ras considered an authority on pot- PO econ riety mitted it as Taylor's authority). Had ft doses ‘ot morphia to produce death; considered oue- INVESTIGATION REQUESTED. District Attorney Allen and Lyon Asked to Make Good Their Charges Against the Detective Force. Ata meeting of the Police Commissioners, held at the Central Office yesterday afternoon, the question of charges against members of the de- tective force was brought up and fully discussed. Without exception the members of the Board were firm inthe determination to have she mat- ter thoroughly investigated at th ble moment, and to this end amble and resolution was adopted :— this Board. Pd ‘that chapey are pabtily made bye Asustant bed Py tape ir acts ‘and proceedings by w therefore ved, respect! Lyon be and are nce to abit SUICIDE OF A SPORTING MAR, Patrick Brannigan, ‘about forty-three years of age, lately residing at No, 323 East Thirty-third street, died at Bellevue Hospitel yesterday, {rom a. pistol-shot wound in the head self-inflicted at his Tealdence on the morning ofthe isthinst. Deceased, ‘ho was well known im sporting ¢ircles on the east mde ‘Of town, had lately become ery revaoed in yn assigned ciroumstal which is the only for his committing the rash act, Coroner Herrman Will hold ap inquest,