The New York Herald Newspaper, November 1, 1873, Page 5

THE COURTS. “The Gold and Stock Telegraph Company Charges the Manhattan Quotation Qompany with Illegal Appro- priation of Its Telegrams, THE KINGSBRIDGE ROAD CASE. Foley’s Fight with the Comptroller and City Chamberlain—Stopping Salaries, In the United States Circuit Court yesterday, be- fore Judge Woodruff and a jury, in the case of Brod va, Ives—which was an action against the defend, ant, a United States detective, to recover $50,000 for alleged false imprisonment—there was & ver- ict for the defendant. ‘The case of Oscar F, Wainwright—wnho is on trial before Judge Benedict and a jury inthe United States Circuit Court on a charge of perjury—was not concluded yesterday when the Court rose. It will be resumed on Monday. ‘The controversy in the Courts over the costs of opening the Kingsbridge road, and particularly with reference to the bill of Mr, Boyle, the surveyor, ig endowed with a wonderful vitality, There was an extended argumentin the case yesterday before Judge Barrett, holding Supreme Court, Chambers. It seems to be a question whether Mr. Hawkins, the special counsellor of the Comptroller, has a right to appear for the Comptroller in this class of cases. Judge Barrett reserved his decision on this and other preliminary points raised. Fighting Foley has gained a point in his injunc- tion proceedings against the Comptroller and City Chamberlain. When the matter came up for argu- ment yesterday in Supreme Court, Chambers, be- fore Judge Barrett, the Corporation Counsel stipu- Jated that no more salaries should be paid to clerks in the City Chambertain’s office by the Comptroller until tne Court decided whether the present injunction should be granted or not. The Gold and Stock Telegraph Company charges, 88 will be seen by a report below, the Manhattan Quotation Company with appropriating, without leave or license, its cable telegrams. An injunc- tion has accordingly been asked for, restraining the latter company from this alleged news pilfer- ing. There was an argument yesterday in the case betore Judge Barrett, inSupreme Court, Chambers, but without any decision being given. Judge Barrett yesterday refused to grant the Mandamus asked for directing a transfer of bonds of the Lake Shore Railroad Company registered in ‘the name of G. P. Grinnell & Co. to Mr. Cheney, the recent purchaser of the same. IS NEWS PROPERTY? The Gold and Stock Telegraph Company Seeking an Injunction Against the Manhattan Quotation Company—Na- ture of the Complaint and the Injunc- tion Asked For. A new and interesting question has just been submitted for judicial arbitration. Everybody in New York who has anything to do with the gold and stock markets of this city and is in any way in- terested In foreign financial quotations knows of the existence of the two telegraph companics—the Gold and Stock Telegraph Company and the Man- hattan Quotation Company. The two have got at loggerneads. The former is secking an 1in- Junction against the Jatter company, which 4s charged in plaintiffs complaint with repeat- ing intelligence received by plaintifm over the Atlantic Cable concerning the state of the foreign markets and the rate of in- ‘terest in the Bank of England. Both defen- dant and plaintiff are proprietors of stock indica- tors, 80 common in business parts of tne city, on which prices of stocks and divers items of foreign mews are printed on a paper tape. Plaintut charges defendant in very voluminous papers with taking his foreign reports as fast as they are run off the tape and repeating them over its instru- men thereby saving the expense of foreign agencies and cable telegrams. The case came up yesterday at Supreme Court Chambers, beiore Judge Barrett, and resulted in an interesting argument. The defendant, by its President and other witnesses, denied that its foreign messages were the sanie as plaintiffs, and claimed to receive them from original sources. The ee right to an injunction was discussed by counsel for the reason that no precedent of an exactly similar case can be found, the system of business being altogether of modern invention. Mr. Walker, for the injunction, contended that intelligence is property, having a value by reason of its cost and its salable nature; that this prop- erty the Court would protect, although it was temporary in its nature, and that analogous cases were to be found in the decision of the courts respect- 4ng authors and compilers’ rights, and respecting the prevention of the publication of private corre- gpondence against the wish of the writer, and that the ublication oi this intelligence was confldential ana limited to subscribers, who might use it them- gelves and permit friends and customers to use it, but who could not republish it. Mr. Thomas E, Stewart, for defendant, submit- ted the lawin the case to the decision of the Court; but contended that the denial of the de- fendant that surreptitious use of plaintiff's mes- sages had been made, and the explanation that defendant received the original messages of Jay Cooke, McCulloch & Co. and repeated them to its subscribers, were sufficient to lead the Court to deny a preliminary injunction. At the close of the argument Judge Barrett took the papers, reserving his decision. OPENING THE KINGSBRIDGE ROAD. Still Controverting City Surveyor Boyle's Fees—Getting at the Legal Status of Dexter A. Hawkins, The old story about the alleged exorbitant fees of Mr. Edward Boyle, City Surveyor, in the matter of opening the Kingsbridge Road, was revived yesterday before Judge Barrett, in Supreme Court Chambers, These fees, as heretofore stated in the HERALD, amount to $69,901 60. A few days ago Mr. Dexter A. Hawkins, in his capacity as the special counsel of the Comptrolier, obtained from Judge Barrett an order to show cause why, on new facts presented, the settlement of the bill of costs onthe Kingsbridge Road opening by Mr. Justice Pratt should not be set aside as to the fees of Mr. Boyle, the surveyor, and this motion came up yes- terday for argument. “Ag to this matter,” began Mr. Hawkins, and he had evidently straightened himself up for a long speech, when he was brought to a full stop by an unexpected interruption. “Who do you appear ior?’ asked Mr. Hawes, the counsel of Mr. Boyle. “By looking at section 9 of the act of 1862 to pre- ‘vent frauds in street openings you will find out,” eae cicrin Mr. Hawkins. “The question I consider 4 pertinent one, and I Would like @ more explicit answer,” continued Mr. Hawes. “Read the section of the statute I have referred to and you will find out,” replied Mr. Hawkins more tartly. “You appear for the Comptrolier, do you not?” interposed Judge Barrett. “I do,” smilingly replied Mr. Hawkins. “It was easy to have said so at ouce,’’ continned the sears rebukingly. Mr. Hawes went on with quite a speech, insisting that the Vomptrolier had no business to employ special counsel in suits ofthis character unless 8 Caer directed to do so by tue Corporation Mr. Hawkins insisted that the Comptroller was doing only what he was fully duthorized to do by law. He added that Mr, Boyle had failed, though frequently promising to do so, to give a Satisiac- tory expianation to the Comptroller regarding his fees in this matter; that it was the duty of the Corporation Counsel to move for a confirmation of the report of the Commissioners, and that, a® ine ration Counsel conid not very weil oppose his own motion, he had, himself, been employ od 1 do this. Mr. Devafield Smith, the Corporation Cone, gaid that his duty was rather conflicting. He was bound to present the report of the Commissioners, including this bill, for confirmation, and coaid searcely therefore present objectiona to it; and though he had not employed Mr. Hawking, Nis ac tion was perhaps Lhe Judge Barrett said he could take no cognizance of the case until this preliminary point Was set ied It wae finally concluded to waive tie objection to | Mr. Hawkins appearing until the case went upon | ratz, Nathan, on behalf of a large numb property holders, objected that technically the were necessary parties to this proceeding, ont could mot be excluded without notice, haub- | stantially that this was a motion opening oo finite delay and leaving them, practicaily, |\\ = coflin, suspended between heaves earth, Mr, Hawes, in the same interest, of Mmiparily, at thig matter, havine in Me and | by Judge Pratt, after fall hearing, was a rev! @ decision of one judge by another. Judge Barrett adjourned the motion till he could decide the preliminary objections, FOLEY GAINS A POINT. His Injunction Against the Comptroller and City Chamberlain. Fighting Foley has made one point at least in his last injunction foray against the Comptroller and City Chamberlain. This was in Supreme Court Chambers yesterday, before Judge Barrett. In re- sponge to the application for an injunction against these chiefs of our city and county exchequer, Judge Barrett granted an order to show cause why the injunction should not be granted, and yester- day was set down for the argument. Foley came up to time with that marked punctuality that always characterizes him when he has a fight on hand, and was aecompanied as usual Le his alw: smiling and confident counsel, Mr. A. R. Dyett. opposition there appeared the Corporation Coun- sel, Mr, E, Delafield Smith, looking, as he most always does, as serious as @ deleated candidate after election. Mr. Dyett explained the nature of tne injunction asked for, as heretolore given in the HERALD. “As to the alleged POG BRIAELEY, tn the matter of signing and countersigning the checks,” said Mr. Smith, “I have sent a written opimion to the Comp- troller, stating that the system adopted by the Paanrones and City Chamberlain is periectly jegal.”” Tut your opinion ig not the opinion of the Court,” interrupted Mr.Dyett. “As to that part of the injunction restraining the Comptroller from pine the salaries of certain clerks assigned by im to do work in the City Chamberlain’s office, and which should be paid as required in the new charter from the $30,000 salary allowed the Cham- berlain, it is important that it should be attended to at once,” “Why the great haste?” asked Mr. Smith, “Because to-morrow is pay day, and the Comp- troller will pay the salaries.” “Well, 1am glad to know that there is one law- er Who wants to prevent the payment of money rom the city treasury. It is generally the other How many of these clerks are there?” There are three specified in the complaint; but there are others, and we insist that tue Comp- troller should not pay any o! them.’ Aiter some further discussion it was finally agreed upon that the Corporation Counsel should arrange with the Comptroller not to pay any of the Salaries in dispute until the Court bad settled the matter.of tne injunction, Feeling elated by this partial victory, Mr. Foley and his counsel, with an alr 01 mutual triumph, left tue court room THE GRINNELL BANKRUPTCY CASE, The Pledged Bonds of the Lake Shore Railroad Company—Mandamus for Transfer Refused. Previous to their failure Messrs. G, B. Grinnell & Co, pledged $120,000 worth of bonds of the Lake Snore Railroad as collateral for a loan of $160,000 from the Broadway National Bank. Proceedings were taken against them to throw them into in- voluntary bankruptcy. This prevented the bank from selling the collateral, but those proceedings and the injunction arising in them having been withdrawn, the bank the next day sold the collat- erals wo James Cheney. Meanwhile proceedings in voluntary bankruptcy had been begun against Grinneil & Co., and a de- cree in bankruptcy obtained. ‘The Lake Shore Railroad Company and their agents, the Union Trust Company, were notified of this before Mr. Cheney presented his bonds for transier, and they refused to transfer to his name the bonds on the Grinnell endorsement. He appliea to Judge Bar- rett, in Supreme Court, Chambers, for an order that they transfer the bonds, which, without such transfer, became almost unsalabie on his hands, Judge Barrett yesterday refused the mandamus, BUSINESS IN THE OTHER COURTS, UNITED STATES CIRCUIT couat. Action for Alleged False Imprisonment. Yesterday, in the United States Circuit Court, before Judge Woodruf and a jury, the case of Mar- cus Brod vs. David W,. Ives was brought on for trial. 1t was an action to recover $50,000 as dam- ages for alleged false imprisonment. The facts of the case appear to be these :—On the 15th of August, 1871, the defendant, lves, who then held the posi- tion of United States detective in the office of Supervisor Dutcher, paid a visit to the establishment of the laintif, @ leaf to- bacco merchant, doing business at No, 131 Maiden Jane, in this city. Ives demanded that Brod suould show him in his book for 1869 the entries of sales of tobacco he had made therein during that year. Some time preceding this occasion Ives had taken the book away and made a copy of the whole of it. ‘The request was complied wit or Brod, who was engaged at business inside the railings of his pri- vate office, and he informed Ives that he must make the examination of the book outside of the ofice. Ives declined to leave the private office or to goto the geueral office, and declared that he would remain where he pleased; that he was act- ing in the SapaRiiy of @ revenue agent or officer, and that if Ives attempted to re- move him from tne private office he would cause him to be sent to prison at Sing Sing. Brod, with the assistance of his porter, removed Ives. Subsequently lves obtained a warrant (bailable in $10,000) for the arrest of Brod, who was taken into custody, lodged one night in jail, and, handcuffed to his porter, was brought next day from Luaiow Street Prison to the court room. After many ad- journments of the case by Commissioner Daven- port Brod was taken before Commissioner Osborn, who promptiy discharged him. The action was originally commenced in the Superior Court of this city, but subsequently removed to the United State Circuit Court. The defence was that the defendant was acting in his capacity a8 a government officer, and that Irom an examination of the plaintiffs book of 1869, as compared with the affidavit he had made of his sales lor that year, theré was, as the defendant al- leges, a very cousiderabie discrepancy. Th jury found a verdict tor the defendant. Counsel tor the plaintiff, Morrison, Lauterbach & Spingarn; jor the defendant, Mr. J. R. Goodlett. SUPERIOR COURT—SPECIAL TARM. Decisions. By Judge Van Vorst. Baker vs, Rothe.—This, with four other motions between the same parties, denied, wituout costs. (See memorandum.) Ran{t ys. Kuth.—Motion for receiver denied. Lord etal. vs. Smith.—Order of reference. Hetfelsheimer vs. Pladdermann.—The deiendant’s answer should be received; $10 costs to piaintif, to abide event. Dusenbery vs. Hoyt.—Motion granted. Brown ys. Northrup and Another.—Order denying motion. Detendant to retain possession of the note in question, &c. Francis et al. Hart.—Motion denied, with $10 costs, to abide event. James vs. Adams et al.—Motion granted, Dols vs. American Submarine Wrecking Com- pany.—Motion denied, without costs, Pickersgill vs. Nash and Another,—Order dissoly- ee and for judgment, Henderson vs, Henderson.—See memorandum with papers. Haight vs. Moore et al.—Motion granted. Kerr et al. vs. L. Baron.—Motton denied. Roosevelt Hospital.—Order granted. Reading ve. Gray.—Order granted, McDaniels vs. Besson.—Order granted, Averell vs, Patterson.—Order granted, ght udge Barbour, Ham vs, The Mayor, &c., of New York,—Case settied with amendments, SUPREME COURT—CHA BERS, Decisions, By Judge Barrett, Atlantic Savings Bank vs, confirmed as between Hiler directions given as to the find ¢° opinion.) Bulmer vs. Law.—Motion for ieveiver denied, With $10 costs, Rochercan vs, Wallace.—Sherif’s bill taxed, Wilkin vs, Gram.—Motion denied, with $10 costs to abide event. Lawrence vs. Hess.—Motion granted on terms. (See opinion.) Ostrander vs. Ostrander.—The report must be confirmed and judgment of divorce granted, with costs. vowery National Bank vs. Finckle and Others.— Motion denied, with $10 costs to abide event. Excelsior Petroleum Company vs. Fowler and others.—Motion granted, without costs, See me- moranda endorsed, The People, &c., Cheney vs. The Lake Shore and Michigan Southern Katlway Company,—Motion jor a mandamus denied, with $10 costs, Sherman vs. Thompson.—Motion %0 continue in- junction denied, and temporary injunction dis- solved, with $10 costs, Schnaans vs. Schnaans.—Motion dented, Manufacturers and Merchants’ Bank vs, Mer- chant.—Motion granted, Mutual Life Insurance Company vs, Motion denied, without costs, Cator va. Keagan.—Motion) granted plaintit, costs to abide event. Ehoenn vs. Ehnenn.—Report) confirmed and di- Vorce granted, 7 * Glover va, McCullough.—Motion denied, with leave to plaintift to renew on furwher papers, Couper, Jr., vs, Thomas.—Motion denied. In the Matter of the GuardiansiMp of J. E, Me+ Gonigie, Iniant, &c.—Motion granted. By Judge Ingraham. Murpha vs. Keech,—Motion granted. Pris vie va, Halla, jotion granted, Lane vs, Fowler,—Motion granted, age Brady. Kates.—See opinion, fhe ‘terien.—Report Fiech, and special Page.— = By MeMulkin et al, ¥ tew of f* COURT OF COMMON PLEAS—SPECIAL TERM. Exchanging a Steamer for New Jersey Lots. Before Judge Robinson. Application was made yesterday in this Court by ex-Judge Van Cott for an order to vacate the order of arrest of James D. Monell, It appears from the affidavits that Monell is a lawyer, havmg an office at No. 39 Nassau street, and the complainant, James Shea, charges that he gave him a false cer- tificate of title, ig which he was induced to give Thomas Larkin the steamer Pope Catlin, worth $10,000, in exchange for fifteen lots at Communi. W, He also charges that Monell showed im @ written statement purporting to be from Mr, Gilehrist, the Attorney General of New Jersey, to the effect that the State did not claim these lands. Mr. Gilchrist makes affidavit that he wrote dis- tinctly, “The State does claim these lands.” Coun- sel asked that the arrest be vacated on the ground that the complaint for conspiracy was not sus- tained by the affidavits. Mr. John D. Townsend re- plied for the complainant, and the Court took the papers, ’ By Judge Robinson. Skiff vs. Skiff.—Divorce granted to plaintiff. Ripley et al. vs. The Mayor, &c., of New York.— Motion denied, with costs. (See opinion.) Custodus vs. Lass.—lnjunction denied, COURT OF GENERAL SESSIONS. A Forger Sent to the State Prison. Before Recorder Hackett. Yesterday John D. Couse, who pleaded guilty @ few days since to forgery im the third degree, was sent to the State Prison for two years and six months, An Alleged Shoplifter Discharged. Elizabeth Ormsby, who was convicted some months ago of acting in complicity with a projes- sional shopli{ter who stole @ valuable shawl from the store of McOreery & Co., was discharged. Mr. A. Oakey Hall defended her, and took the case to the Court of Appeals, where the conviction was reversed and a new trial granted, Assistant Dis- trict Attorney Rollins said that as the appellate Court had decided tnat the law and the evidence did not warrant the conviction of the accused, and as the prosecution could not produce additional testimony, he cousented to her discharge irom custody. Important to New York Merchants. A case has just been reached on the calendar of the United States Supreme Court, at Washington, and is now awaiting the decision of that tribunal, which can hardly be over estimated as to its im- portance to the mercantile community. The Pro- test act of June 30, 1864, directs that the decision of the Collector of the Port shall be final as to the rate of duty the importer shall pay on his merch- dise, unless the importer protests within ten days from such decision, The act provides for no no- tice to be given to the merchant of such decision, which is a secret proceeding on the part of the Col- lector, aud the Court below held that no such no. tice was necessary, and hence theappealL The facts are as follows:—in the year 1864 the firm of Westray, Gibbes & Hardcastle imported a cargo of ‘‘uncleaned rice” from Calcutta and entered the same in bond, giving the usual bond to pay the duties due by law on the same. By statute “uncleaned rice’ paid a duty of two cents per pound, and ‘cleaned rice’ a duty of two and one-half cenis per pound, The importers in the early part of the year 1865 withdrew ail the | rice and paid two cents per pound thereon, and thought no more of the matter. In 1870, more than | five years thereafter, the firm is sued on this bond | to recover an additional one-half cent per pound, and on the trial learns that the Collector at some time during the period of five years since the tmpor- tation had decided the merchandise as ‘‘cleancd rice,” which should pay two and a half cents, in- stead of two cents, the'sum paid. On the trial of the cause beiore Judge Benedict, Mr. Ethan Allen, counsel for the firm, offered to prove that the arti- cle was “uncleaned rice,” but the Judge ruled that no evidence of tiis uature could be given, as no protest had been taken within ten days after the decision of the Collector, and although it was ad- mitted the merchants never had notice of this decision it was ruled by the Judge he was not entitled to notice, but, nevertheless, was bound to protest or take the consequences, The case ts clearly stated in the following ex- tract from the brief of counsel betore the Supreme court. He contended that the decision of the Collector as to the rate of duties to be paidis a secret proceeding so far as the merchant is con- cerned. No period is fixed when the act snail be done, The appraiser notes his classification of the merchandise on the invoice when his convenience permits, and the clerk of the Collector, at his own pleasure, extends in figures on the entry the amount of duty, according to this classification, and ttus constitutes the decision of the Collector. Accoraing to the ruling of the Circuit Court, no notice whatever need be given to the importer, although from the moment this decision is made the ten days begins to run within which the im- | toad must file his protest. This decision of the ‘ollector may be made the next week or the next year, in the night time or day time, but When made the importer, without knowl edge or notice of any kind, must from that moment date the ten days’ time within which he may avail himself of the benefits of the statute, The mere statement of the case tilns- trates its absurdity, because of the impossibility which it imposes upon the merchant. If this be the law wien the law commands an impossibiiity— to wit, it commands the merchant to know, of course by intuition, of the decision of the Col- lector, however secretly tnat decision may be made. It cannot be held that such is the intention ofthe law. As this statute takes away the common law right of tue citizen to deiend himself, asin this case, against an alleged illegal exaction, it is a severe statute and suoujd be interpreted liberally, A statute 1s understood toimply what is absolutely essential forits enforcement; and this statute, fixing, as it does, a period of time within which a citizen shall avail bumself of a defined privilege, must certainly imply that the citizen shall be given some knowledge of the beginning of that period.” A bond does not outiaw till the lapse of twenty years. The warehouse bonds on file for tweuty years past probably represent $6,000,000,000, If the Supreme Court sustain the lower Court then the Collector at any time may secretly take any or all these bonds and decide the rate of duty thereon to be what he pleases. He may rate “tea” as “silk” and “sugar” as ‘“‘diamonds’’ and demand duty ac- cordingly. and when in Court proof is offered of the error of the Collector the importer is told no evidence can be admitted, as he has not protested within ten days after this decision of tie Collector, The merchant answers he could not protest, for he never had any knowledge of any such decision, | andthe Court replies, “You are not entitled to notice, and if you did not protest it 1s your misfortune,” and directs judgment against him, The Attorney General of the United States ap- peared for the government; Mr. Allen for the de- jendants, JEFFERSON MARKET POLICE COURT. An Unfortunate Boy. John Warner, of No. 543 West Twenty-sixth street, aboy sixteen years of age, was arraigned before Justice Cox, at the Jederson Market Police Court, yesterday, charged with snatching a pocketbook containing $4 from the hand of Mrs. Hannah McGrath, of No. 100 West street, It appeared on the | examination that the boy had been employed in a book store, from which he was discharged some two weeks since. He had not been able to obtain any other employment up to yesterday morning, when bis mother informed him that he must obtain some money or he could reside with her no longer. He went out into the street, aud mecting a com- panion told bis condition, “Then,” said the other, “i wonld steal.’ At that moment Mrs. McGrath passed, and Warner immediately snatchea | her pocketbook. He repented instantly, however, and threw it at her feet. A policeman in ciose proxi arrested him. He was committed in de- fault of $000 bail to auswer, YORKVILLE PCLICE COURT. A Dishonest Domestic. Agnes Hunt, of No, 226 East Sixty-second street, charged Johannah Curun, her servant, with the larceny of $53 worth of jewelry, The prisoner ad- mitied the charge and was held to answer, ‘the property was all recovered, it being found tn the prisoner's trank. Stealing to Get Bread. John Dale was arraigned on a charge of stealing 7 worth of steel files from Daniel Greenleaf, of No. 413 West Forty-eighth street, The accused ad. mitted the charge, but did so, he said, because he was hungry and had no other way to get anythin, to eat, He had not the appearance of a thief, an looked very much as if his statement were the truth, He was, however, committed for trial tn default of I, Felonious Assault. OMcer John O'Brien, of the Nineteenth precinct, testified that Richard Fullum, a resident of no- where in particniar, became involved tn a quarrel on Wednesday night last with a notorious charac- ter Known as Michael Barry, who has been em- ployed off andon in the Macomb’s vam Hotel, ithe result was that Barry was so sertously cut with a knife in the hands of Fullum that his death in Bellevue Hospital, where he is at present con- fined, is expected to occur at any moment, Fullum was remanded. Arvested on Suspicion. Jon Curran, Daniel Mahony, of No, 8% Henry street, and George Jarvis, of No, 88 Elizabeth street, Were charged with having acted in a suspi- cious mannor ina Third avenue car on Thursday hight, and were arrested thereior by Officers Cor- nish and Houston, of the Nineteenth precinct. They were remanded to enable the police to in- quire into their previous histories, TRADE AND LABOR. No Decline of Business in Our Dry Goods Palaces. LEATHER DULL, BUT THE SWAMP FIRM. The Reduction of Wages in the Building Trade. As stated recently in the HeRracp, the financial derangement originated in the natural conse- quences of the reckless schemes of Buchu bankers ig spreading till it begins to pinch the artisan and laborer, who depend for ood, shelter and clothing upon the wages of daily toil. Building is checked, factories run short time, workmen are discharged and wages are to be cut down. Unless confidence andstability soon return in the money circles, there is @ prospect of much enforced idleness throughout the city during the coming winter and great suffering. Yesterday the condition of several branches of trade was shown. To-day the results of inquiries among the dry goods dealers, leather merchants and builders is presented in the follow- ing reports. Dry Goods. The establishment of the Prince of dry goods merchants was visited yesterday, a8 a rumor had had all been summarily dismissed. The Prince— who requested that his name might not be men- tioned—was in excellent spirits, considering these “hard times.” When asked whether the rumor above mentioned had any foundation, he said none whatever. He had neither discharged any of his hands—he employed about 2,500 in this city alone— nor had he reduced their wages, and he did not anticipate doing so during the winter. When asked whether the panic had affected his busi- ness at ali, he said:—My business is better now than ii was before the panic. Instead of discharg- ing apy men! have advertised for more men, as ‘ou can see from my advertisement in to-day’s HERALD, By tne way,’ he exclaimed, looking lost at the reporter’s studs, “Il seel am a good deal poorer than you. YOU CAN AFFORD TO WEAR STUDS and I can’t” (and he pointed at bis piain shirt buttons). “Yes, you are getting to be quite poor.’” “Oh! plenty of money; plenty of money,” he said, laughiug. ‘We don't owe anyboay anything. Thats more than most others can say. We've plenty, of money. This panic does not affect my usiness; on tue contrary, I make money alter every panic. In 1537 I coined money: in 1867 I made mints of money, and now Iam muking a cent or two. ‘The Prince then introduced the reporter to the General Manager, who said that they had averaged 6,000 packages delivery per day, and that they had 100 women sewing carpets, Many more than usual. ‘They were constuntly in want of good men, and would be glad to employ them without dismissing any of their old hands, Taking the reporter ona tour through the entire building, he pomted out the magnificence of the establishment, the like of which, he said, the world would never see again. Pointing at the women who were sewing carpets, he said, ‘These women get $9 or $10 a Week; that’s not bad.” In regard to the wages he said they were very high indeed, the good men would average $1,000 a year, but some of them had to be content with $14 @ week. At the same time they took no inexperienced men whatever—all their men had to be EXPERIENCED, QUICK, PROMPT AND CIVIL. “Why, in regard to the other establishments,” the Prince exclaimed, when the reporter returne “I don’t know whether they are losing mouey; hope they are all muking as much money as I am; more. (Laughing.) I never regard them with a feeling of jealousy ; it is they who always watch me as acat does a mouse. Why it’s just alter a panic that aman can show how he understands the art ot making money. (Striking his breast.) We are prepared jor them— (meaning the panic)—let them come, The Prince also stated that he had five mills in which he manutactured, but that he had discharged none of the hands employed in these mills and had no intention of doing so. He always wanted good men. If @ man stood there and rubbed his hands and hemmed and hawed when a customer ad- dressed him there was not much chance for him, but if he was up to the mark he (the Prince) woula never discharge him. He then told a spicy little story showing how he had served some stone Masons who wanted eight hours. He gave them eight hours and the old pay, but required them to work with both hands at the same time and GO AT IT TOOTH AND NAIL. This was too much for them, and they had to re- turn to the old system. The reporter also called at the office of Arnold, Constable & Co. He was told by one of the man- agers representing the firm that the number of hands employed nad not been reduced, all the rumors to the contrary notwitistagding, neither nad the wages been cut down. here would probably be no reduction of the number of hands until! January, when ali the dry goods houses of the city had to dismiss many hands, as manufac- vuring Ceased at thattime. Generally they were only One month out of employment, as they were | generally re-employed in February, The panic had | not affected their’ business materially, except in very expensive goods, but the general trade was very good, indeed. They employed 1,000 hands, and none of them would be dismissed in conse- queuce of the panic, The Leather Trade. A HERALD reporter took a walk through the “Swamp” yesterday, looking after the condi- tion of the leather trade and the effect of money stringency upon it, He talked with members of several leading houses, and all told the same story of dull business and | depression, with @ slight ialiing off in prices of leather for cash. Sole leather is the staple of the “swamp.’? Merchants in that trade need, in the first place, @ fair amount of capital, They do a quiet trade, do not dash, make no display and generally conduct their business with small expenses, Hides, either from domestic slaugh- tering or from import, are bought by the “Swamp” merchants and sent to the country tan- neries to be converted into sole leather. This takes from eight months to @ year before they expect to sell, so that the trade is not liabie to such sudden changes a8 some other branches, New Engiand for the “Swamp” dealers at the large tanneries in northern and western New York and Pennsyl- vania, mainly along the line of the Erie Rallroad pear the great hemiock forests which furnish the taubark. New England is holding back its orders at present, and the “swamp” holds most of the eather crop. But this is not large nor coming in rapidly. Most of the dealers HAVE SEEN THE STORM COMING, kept their stocks in the vats smali and not hur- ried the tanners about finishing up the cured leather and sending it into market. Apparentiy not inore than half the usual trade of this season merchants do not seem at all worried. | not mereasing their credits; the leather 1s good for its cost,or at Most very nearly so, and the “S' dg expects good times to succeed the depression. Only one business failure has occurred in the “swamp” since the pressure of the money market begun, and that was the result of operations out- side of leather, No further stoppages are antici- pated. The leather merchants /eel apie to wait tor | better times, meanwhile doing a reduced bust- ness to meet the great reduction in the shoe man- ufacture of New sngland. UPPER LEATHER, The thinner leather, used for other parts of boots and shoes than the soles, does not enter largely into the business of the “Swamp.’’ It ts made mostly at Boston and that vicinity, the skins being bought here from the butchers and importers, Of course, the manuiacture of this class of leather has aiso declined, 1n common with that of sole leather, from the smaller activity of the shoe manufacture, Leather is not, as a general thing, sent from New York to the West, that market being supplied by the neighborhood tanneries and ee estabitsh- ments in Buifalo, Chicago and Milwaukee. The “swamp” selis to the home manufacturer, which is not on @ large scale; but her best and largest cus- tomers by farare those great shops of Lynn, Milford and other New England towns. It was generally asserted that, for some time prior to this year, the leather manufacture had been rather overdone, and it appears that this sentiment has, during the few montns past, in- duced caution, Very much less hides have been sent to the tanneries, and so the ieather trade is less extended than many other branches of com- merce. Just pow there is @& limited demand for jeather for export to Burope, which, though not very large or general, affords some relief to the burdens borne by the capitalists of the “Swamp,” who, a3 @ class, are conservative, Keep their means superad in their own trade and do not embark in Buchu enterprises. They consider their business safe. If aside of leather is not wanted this year it will make @ good sole next, and runs no risk irom change of fashion, FANCY LEATHER. one of the firms called on does the leading busi- ness in the whole country in making hatters’ and bookbinders’ leather, In answer to the reporter's queries one of the partners replied that they were running their factories in Brooklyn and elsewhere to their full capacity. They bad felt considerabie Jailing-off in their trade to hat manufacturers, but the bookbinders, being now preparing for the holi- day trade, were calling for iull quantities, and They are been current that the employés on one entire floor | manujacturers use most of the sole leather made | of the year is now going on at present, yet the | NEW YORK HERALD, SATURDAY, NOVEMBER 1, 1873.—TRIPLE SHEET. | its lorce one sales were fair. There had been a slight abateme in prices to cash customers, and the firm had = Special desire to court time trade with the pros- pect of carrying the paper. They could better afford to offer solid inducements to cash buyers. No talling-off was anticipated in the aggregate demand during the next two months, and It waa not likely that the mannfacture would be slack- ened, at least lor some time yet to come. ~~ House Builders, One of the lafgest bullding firms in the city was called upon by &® HekaLp reporter yesterday in reference to the effect of the financial disturbance upon that class of enterprises which gives em- ployment to so large a@ number of mechanics and laborers, This gentleman said his firm had dis- charged no hands in consequence of the panic di- rectly, though they were now only actively at work on one large building tor the completion of which there is haste. They now only employ some seventy-five men, and will probably keep them at full work all winter if the supply of requisite materials continues. He had been informed that it Was the intention of the contractors generally through the city to CUT DOWN WAGES FIFTY CENTS A DAY on and after tu-day, and he did not think the la- borers and mechanics could taink of resistance to the measure, as the city abounds with men out of work, froma whom the builders could easily aapely the places of any who should demur to the reduc- tion. He thought, too, that it was no more than right that empioyers should, now that they have great aimiculty in carrying on their operations, cut down the large prices uf labor to which they have been obliged to assent during easy times. When work is plenty, he says, and times good the mechanics and laborers are very stapch in their terms, MAKE THEIR OWN PRICES, y and dictate their own hours and conditions of Jabor, and jealously resent any iniringement upon what they Consider their rights by the bosses. In good, lively times in the building trade the con- tractor has to be very carelul as to what he re- quires of his workmen, They very quickly look sour if he should ask any deviation from the terms prescribed by the unions and associations; and if he should attempt to fix his own prices they very readily resort to the “strike” argument to bring him to fee the value of their services through their.eyes. “Now,” said the builaer, “we have daily applica- ons for EMPLOYMENT AT ANY PRICE by those who are idle, while our own men have Jost all their dictatorial airs and are willing to work in the way most agreeable to us. We shail not probably commence any new jobs while the pres- ent money diMiculty continues, but shall most likely keep on through the winter with our present force at such prices as we can afford to pay. What een the labor unions will take in reterence to the precisely foretold; but from the fact that there would be no difficulty in finding plenty of outsiders to carry on all the present work it is likely the unions will attempt no opposition. Now it is a question of a reduction or no wages, which at this time of year means no coal and no bread, Con- tractors cannot pay flush wages, and it is likely the workmen will see that their interests coincide with those of their employers, and all will try to make the best they can of the hard times.” A Bad Prospect for the Workingmen in Brooklyn. The ripple of the tidal wave of suspension and its accompanying disaster has reached the labor fields of Brooklyn. The working classes, both Jaborers and skilled artisans, have begun to realize the fact that there exist genuine grounds for fear as to their ability to combat the dictates of the wolf, winter, and its accompanying pri- vations which howl at their doors. This state of facts is daily made more and more apparent. In South Brooklyn, where there are a number of factories of various kinds, employing thousands of operatives, a system of re- trenchment has been adopted by the employers upon as generous a ground as is compatible with their resources. The proprietors of the factories have placed their operatives upon half time, em- ploying them alternate days. in some of the jac- tories the meh were working on three-quar- ter time, while ali feel disposed, and indeed anxious, to relieve the necessities of the men by giving employment as far as their means will admit. The Worthington steam pump manuiactory at Ked Hook Point has had to reduce f, although they have from six to eight months’ work on hand. The reason ts owing to their inability to command currency. It is feared that they will shortly have to suspend work altogether, and this will throw several hundred Men out of employment. MANUFACTURING IN BRIDGEPORT, BeipoErort, Conn., Oct. 31, 1873, The large manufacturing interests of Bridgeport having been more or Jess affected by vhe late panic, a HERALD reporter visited most of the important concerns and learned from a personal interview with the proprietors the exact status ofeach. The result, in general terms, is that while there is in no case any actual fear of immediate trouble or any embarrassment which necessitates sus- pension, still, in view of the stringency in the money market and the possible con- tinuance in that unfavorable condition, most of the manufacturers nave concluded to reduce thelr working force, cut down the time and work as carefully and closely as is possible till the prospect shall warrant them in again extending their operations, In all the concerns visited there was expressed the conviction that when the money market had been relieved there would be no want of business, and thatin their line matters would resume a healthy and normal aspect. The result of this feeling among manufacturers is that most of the shops are running on reduced time and with diminished force. Some 1,500 or 2,000 workmen have been discharged from the various shops, and many Will be sent off us soon as existing contracts are completed. The following is a brief summary of the result of interviews with the leading con- cerns in this place:— WHEELER & WILSON SEWING MACHINE COMPANY. ‘This concern usually runs with about 1,500 hands, | and is nowrunning eight hours per day, Sales are a little slack, because they have refused to sell on instalments. ‘he managers of this manufac- tory are carefully watching the current of events and preparing to be governed thereby. They will run their factory in an economical manner and keep their business where they can handle it and pay their bills, THE SECOR SEWING MACHINE FACTORY. Mr. J. B. Secor, Superintenaent, says they feel no special trouble from the panic. ‘their travelling agents were called in on October 1, but will be put on again now. The factory is now shut down, not from any financial trouble, but because, being a hew concern, they have too large @ stock on hand for the market, and as soon as this is reduced they willrun again, Trade is dull, but no alarm is Ielt. They usually employ from 300 to 350 hands, THE HOWE SEWING MACHINE COMPANY are running witha greatly reduced force, and men are being discharged as they can be paid of. This concern has been involved in some difficulty, and feels the effects of the financial pressure. It is being caretully handled, however, and every effort at economy is being made. It is the dull season now, but this year is more so than usual, No ap- prehension for the tuture 1s felt. THE UNION METALLIC CARTRIDGE COMPANY. A. C. Hobbs, Superintendent, says they have cut down about one-quarter of their running force, and shortened time to eight hours, This is the dull season, and now it 1s unusually dull. They wil not build up @ heavy stock upon an uncer- tainty, and are therefore holding close to look for the future prospects. It is hard to get the cur- rency to pay off with. Usually run 300 hands. GLOVER, SANFORD & SONS’ HAT FACTORY. When the panic occurred this factory was run- ning at fifteen hours per day, and were behind several hundred cases. Nearly all orders were countermauded, They are now waiting the issue of the trouble, and pay as long as a gold doliar can be bought, Have no apprevensions of the future, and are not affected any more than ethers, BRIDGEPORT SPRING COMPANY. Running one-quarter less men than usual and eight hours. Collections siow and business care. fui. in view of the prospects, Trade a little more dull than usual, TOMLINSON SPRING AND AXLE COMPANY are runuing eight hours per day and five days per week. Expect business after January 1. It is the usual duil season with them. Do not feel much alarm, and pay their hands regularly. WOOD BROTHERS’ CARRIAGE FACTORY have sold no carriages in New York since the panic, and have reduced their working force two- thirds, and will probably cut down to almost nothing. There was a better business than usual up till the time of the panic, and they expect it will be good again 1n the spring. Have a large owe on hand, Pay regularly, and find collecuons siow, MOTT’S CARRIAGE FACTORY, working cight hours per day, and no sale for goods; have @ large stock on hand, and expect good business m the spring. WILLIAM LOUNDSBURY & CO., have run full up to the present time; have paid regularly, but Had coilectious slow. Now wish to wait and see how things will turn, Have dis charged a portion of their hands, The above indicates how the present troubles are regurded here in various branches of manu- facturing, and the disposifion ts to pe careful, to do no more than is necessary and warranted by the present demand, waiting for the development of future events. There is no panic here, altho collections are slow, local trade badly aifected by the condition of manufacturing, and OT a business is working as closely as possible, e banks are very careful, and accommodations are few and far between. ‘Shere is, however, a hope- fal ling and no actual need of apprehension save among laboring men and mechanics thrown out of employment, SHOE DEALERS, roposed reduction of wages cannot yet be | | from them. 8 THE MONETARY SITUATION. Reported Failure of H. B. Claflin & Co. Authoritatively Denied. Further Concerning the Sprague Difficulties. Promised Default of Interest on the Chesa- peake and Ohio Railroad Bonds. ‘The general monetary situation was further dif» turbed yesterday morning early by the rumored failure of H. B. Clafin & Co. After the failure of Hoyt, Spragues & Co., with the still hourly anticl- pation of the suspension of A. & W. Sprague, it is not surprising that such a report gained rapid credence, while the fact that it was promptly un- equivocally denied, on the authority of the head of the firm, was happy in checking still furtner disaster. The business of the great Sprague con- cern and that of Claflin & Co, are not unlike in their relations to the great minor business tnter- ests of the country. The one is probably the Jargest manufacturing establishment in prints and cotton cloths in the country, and the other PERHAPS THE LARGEST JOBBING HOUSE (at least with only one possible exception) in do- mestic dry goods. Thus the positive knowledge of the failure of Hoyt, Spragues & Co., and the growing fear of the stoppage of A. & W. Sprague, particularly when it was announced that the paper of the latter had gone to protest yesterday, served to temper the effect of the positive denial on the part of H. B, Claflin & Co, earlier as to their re- ported suspension, in so far as such denial might have worked a restoration of confidence, The same gloomy feeling that has been noticed before pre- vailed on “the street’? throughout the day, prices on the Stock Exchange even, at intervals, going below panic prices, and this feeling was not helped when it was announced by telegraph that the meeting of the bank officers to consider the affairs of A, & W. Sprague, held at noon by adjournment, was further adjourned until to-morrow (this day) noon, The committee were not ready with their statement, and no plan for the future conduct of the business has yet been agreed upon. There is Do material change in the grave aspect of affairs. The report of the State Examiners into THE CONDITION OF THE CRANSTON SAVINGS BANK, PROVIDENCE, reports the total liabilities o/ that institution $2,366,985, including $2,143,505 due depositors. Their assets are stated as follows, over $872,000 being connected with the Sprague com Plications:—Loaned on mortgage of real estate, $858,935; morigage on personal property, $2,000; loaned on _ personal se- curity, including $495,000 in acceptances of Hoyt, Spragues & Co., and $27,500 in notesof the A. & W Sprague Manufacturing ot ag $971,300; loans on coilaterals, including $860,000 In notes of the A. & W. Sprague Manufacturing Company, $375,000; stock in the three Sprague banks, $99,650; stock in the Bank of Commerce, $62,300; Rhode Island Safe Deposit Company, $10,000; other certificates of in- debtedness, $4,000, The statement shows a worse condition than was anticipated, ; BILENCE 18 GOLDEN, A reporter makes the following ave report of & furtner attempt at an interview witn Hoyt, Spragues & Co. yesterday :—A formal call was made upon the firm, but they had nothing to communi- cute. “We have no statement ready, nor will we have for several days yet,’ said one of the firm. “And anotuer thing. What interest is it to us to iurnish you gentiemen with a state- ment of our affairs? The reading public are moved only by an idle curiosity, to which we do not propose to pander. Our creditors are the only persons interested, and they are in direct communication with us." “All of which is true,” ventured the reporter, “but you must be aware, sir, that statements of some sort are likely to creep into the press, and 1t is certainly wiser to bave a correct version given than one composed of hearsay and supposititious matter.” “Weil, sir, we have nothing to say; print what you please,” was the curt reply of the gentleman, and the reporter withdrew. Another reporter supplies the following as the result of his endeavor to get at the tacts ia this case from headquarters :— One of the partners said that it was im- ossibie for them at present to impart the information which was 80 earnestly demanded * The affairs of the Providence house, with which they were so intimately connected, are in such A DOUBTFUL CONDITION that it is impossible tor any one to _post- tively foretell the result. The result, what- ever it might be, remained entirely in the hands of the creditors, The facts of the suspension of the one house and the em- barrassment of the other were pretty nearly as published. The assets of the two concerns, he thought, would exceed the liabilities by at least $11,000,000, But, of course, time was necessary, and it in the power of the creditors to say whether an extension should or should not be granted. Up to the present time ail creditors had exhibited most kind and forbearing spirit, and the hopes of the firm looked towards @ resumption, and a payment in fall of alldemands. At the present time they were actively engaged in preparing a full state- ment ior the beuefit of their creditors, and until that statement was completed little or nothing could be said in addition to whathad already been published, A news item states:—Hoyt, Spragues & Co.'s woollen mills at Oswego Falls will close to-morrow until further notice. Some 500 operatives will be thrown out of employment. In respeet to the reported failure of H. B. Claflin & Co, there were various rumors afloat, which are not repeated here in deference to the firm’s posi- tive aud prompt dentai of their serious embarrass- ment. t may be said, however, in connection With these rumors, that one of them states that this concern give very little paper, generally sell- ing their bilis receivable, while most of their in- debtedness to importers and commission mer- chants is in open book accounts. THE CHESAPEAKE AND OHIO RAILROAD INTEREST. At a meeting of the directors of the Chesapeake and Ohio Rauiroaa Company, held yesterday, a prop- osition that the directors should meet the accru- ing interest on bonds due November 1 was not well received, and it was voted that an address be shortly published, asking the bondholders to fund the first four next maturing coupons into a seven per cent income bond, NO MORE “‘POOLING."? Pursuant to the resolution of the Clearing House, the “pooling” system by the banks will be abol- ished to day. Loan certificates will yet be con- tinued, however, but without expansion, UNITED STATES SUPREME COURT. WASHINGTON, Oct. 31, 1878, No. 57. Moses vs. Keyser—Appeal from the Supreme Court of the District of Columbia.-—Keyser brought suit to enjoin the payment to Moses of the proceeds of @ sale of the furniture, &c., of the Union Hotel, Georgetown, alleging that he was the owner, and that while it bad been sold undera deed of trust to secure the payment of $2,070 to Moses, still the latter was indebted to the hotel for board for a much larger sum, The defence ws that the hotel bills were overcharged, and that’ when certain other advances made by Moses were allowed and the bills reduced to @ reasonable figure there would be a considerable balance due him. The report of the auditor iu the case found a balance due the hotel by Moses of $226 86, and the judgment was tat ‘The appeal main- tains the allegations of the defence, and sets up a number of errors in the ruling of the Court below. W. D. Davidge and T, 8. Miller for appellants; T. J. Durant and R. Fendali for appellee. DYING FROM A STAB WOUND, Yesterday afternoon Coroner Herrman was called to the Park Hospital to take the ante-mortem ex. amination of Michael Colby, thirty-four years of age, whose homo is at No. 27 Gold street, Brooklyn; but he was sinking rapidly and was wholly unable to make astatement, On Tuesday last Colby, it ia stated, waile in front of No. 84 Cherry street, re- ceived astab wound of the chest, made with a knife in the bands of @ man named Kelly, now un- der arrest. Colby declined identitying the prisoner as the man who stabbed him, and when able re- used to say anything about the matter calculated to implicate the accused, Kelly says he used the knife on Colby in self-defence, ected to live but a few hours at the ho a a GERMAN DANT@MANTHATE “The German Emigrant House,” at No, 16 State street, was formally opened and dedicated yeater- day aiternoon, S¢veral addre: were made by Prominent German citizens, in which the objects of the Haus were inciily set forth. The ends of the rend Yor German | institution are to afford a vous emigrants coming into this port aml to protect thein irom the wiles of the emiyrant swindlers. Hereafter the Haus will bo opened for alk who apply for Work or transportarion Woot ward,