The New York Herald Newspaper, November 4, 1873, Page 4

_ THE COURTS. Summaries—Decisions— Criminal Cases— 5 Calendars. In the United States Circuit Court, yesterday, Oscar F. Waiuwright, who had been tndicted for having committed perjury in connection with a bail bond to which he was @ party, was found guilty. Sentence deferred. ‘The following sentences were passed:—John Whitehead, sending obscene matter through the mails, two years’ imprisonment and a fine of $1,000. (Counsel for prisoner hoped there would be some means of raising the question whether the pris- oner was sane or not, for he beheved him to be now out of his mind.) John Bott, same offente, having been already six months tn jail, was sen- te one year and four months imprisonment. Joseph English, who had pléaded guilty of coun- terfeiting five cent nickel pieces, three years imprisonment, Charity Ann Walker and her husband, Edmund Walker, coun- terfeiting fifty cent stamps, five years’ imprison- ment each, with hard labor, Sentence upon the daughter of the Walkers, convicted of the same offence, was suspended. Edward Lange, embezzl- ing mail bags, one year’s imprisonment and a fine of $200. George T. Dunning, who had picaded guilty of presenting ‘alse vouchers to the govern- ‘ment, two years’ imprisonment at bard jabor. Alfred MoPike, embezzling letters, one year’s im- prisonmeut. The sentences are to be executed in Kings County Penitentiary. Yesterday Judge Woodruty, in the United States Cirouit Court, took up the trial of the case of the United States vs. John Butler, Thomas Butler and Charles Devlin. It was an action to recover $7,000 on a tobacconist’s bond, which had been entered ato on behalf of John Butler. The defendants, through their counsel, cla.med that they thought they had executed the bond on behalf of some one else. The jury disagreed. Yesterday Solomon Wolferman, Flavian Schmitt, Jacob Burger and Thomas Prendergast, who had been accused, before Commissioner Iavenport, of fraudulent registration as voters, were discharged. Allen Clark, steward of the American bark Frank Howard, was held by Commissiouer Shields for examination on a charge of breaking into and purloining a portion o! the cargo of the vessel. Charles McGovern was held in $1,000 bail by Commissioner Osborn on a charge of receiving seized property from a United States marshal. Inthe United States District Court yesterday, before Judge Blatchford, Louis H. Bennett, a minor, who had enlisted in the army without the consent of his parents, was discharged, the Court ordering him to refund to the government ¢38 50 disbursements, The jury calendar will not be called in the United States District Coart until to. morrow (Wednesday) at eleven o’olock A. M. Judge Woodruff will sit in the United States Cir- cuit Court, at No. 27 Chambers street, on Wednes- day, November 12, and then take up the hearing of @ppeals in Admiralty, To-day Judge Nathaniel Shipman will sit in place of Judge Woodrua. Yesterday, in the United States District Court, in the case of Patrick Hand vs. The sloop Catherine F. Hale, which was an action for wages, Judge Blatchford granted a decree for the libellant for $240 08 and costs. SUPREME COURT—CHAMBERS. Decisions. By Judge Barnett. Herdtfelder vs. fincke.—Report confirmed and order of distribution granted. In the Matter of the Application of Cromwell and others.—Relerence ordered. In the Matter, &c, of Kielbach.—Application | denied. Nassau Bank vs. Fridyelle et at.—Motion to com- Bek wronacsion of examination denied, with $10 01 Same vs. same.—Motion to reopen examination denied, with $10 costs. Neymann vs. King.—Memorandum for counsel. Tradesmen’s Bank vs. Wing et al.—Defauit opened On payment of trial fee, $30 and $10 costs of mo- tion, Within three days and stipulating to try the cause on next short ca'endar day; otherwise de- nied with $10 costs. SUPERIOR COURT—SPECIAL TERM. Decisions. By Judge Sedgwick. Meyer vs. Meyer.—Motion denied, Mortimer vs. Leonis, Phillips vs. King, Shiff va, Raynor, Meyers vs. Barnard, Folsom vs. Detorest, Love vs. Mead, Hart vs. Campbell, Arnold et al. vs. Hyman et al., Benedict vs. Gilman, Carter ys. Bush- nell, Duich vs, Harrison.—Orders granted, By Judge Van Vorst. Carrere vs. Shifford et al. executors.—Judgment for plaintiff’ on the demurrer, with leave to de- iJendants to answer on terms, ' (See opinion.) Hewitt vs, Morris.—New trial grauted. (See opinion.) COURT OF COMMON PLEAS—SPECIAL TERM. By Judge Larramore. New York Life Insurance Company vs. Hod- man.—Relerence to sell foreciosure. New York Life Insurance Company vs. Candee.— Same decision. By Judge Daly. Hamel vs, Toplitz.—(see opinion.) COURT OF GENERAL SESSIONS. Grand Jurors Discharged for Two Weeks—Lottery Policy Men in Court. Before Judge Sutherland, The November term of this Court commenced yesterday, His Honor City Judge Sutherland pre- siding. Assistant District Attorney Horace Rus- sell will appear for the prosecution. After the oak panel was called and the absentees fined $250 each tlhe clerk eulled the names of avout 100 lottery policy sellers who b been inaicted for Violating the Lottery laws, They pleaded not guilty and were permitted to go on bail. A Car Pickpocket Sent to the Prison for Four Years. John McDougall was tried and convicted of steal- ing a silver watch worth $25 from the person of William Schutt on the Sth of October, while he was standing on the rear platform of a Forty-second street car. The complainant caught the prisoner im the very act of steaung the watch, which was dexteroisly passed to a coniederate. Mr. Russell brought out the fact on cross- examination that McDougall was tried twice upon asimilar charge, the jury at first disagreeing, and, upon 4 second trial, about eh hen ago, rendering a verdict of acquittal. The Judge sentenced tue y Sypot to the State Prison for four years—just ‘he period for which Stokes was “sent up” for shooting Jim Fisk, An Assault. Jacob H. Voorhies, who, on on the 2d of July, Stabbed James Giesy in the back with a knife, Pleaded guilty to assault and battery. He was Sent vo the Penitentiary for one year. An Acquittal, Michael H. Nolan was tried and acqnitted of a charge of attempting to steal a watch on tne 19th of October from Patrick Hays, It was pretty con- clusively shown that there was bad feeling exist- ing between the complainant and the youthful risoner's jather, and a disinterested witness for he defence showed that the youth was intoxicated and only shoved up against Hays, The prosecuting oficer abandoned te prosecution, and the jury promptly rendered a verdict of ‘Not guilty.” TOMBS POLICE COURT. Before Judge Hogan. About half-past seven o’clock yesterday morn- ing, Officer Thompson, of the Fifth precinct, was called into the tenement house, No. 163 Hodson street, by aman named Henry Bechtel, who told’ him that there was 8 man lying cut and bleeding on the top floor, The officer went up and found Lawrence Murphy in a rear room on the sixth floor, his head cut as if with some blunt instrument, and almost insensible from loss of blood. Poola of blood were in the haliway, and the marks of bare feet were traced to the room of Joseph Freely, who lives on the same floor, There was also found in the room @ pair of woollen socks, saturated with blood, and State ashoomaker’s hammer, with which it is supposed Murphy struck. They are both shoemakers and he ed in the house jor some time. Murphy ‘was bi re gudge Hogan and heid for examina ve rie ny to the Park Hospital, and Freely was He denies having had any quarrel with taken Murphy, and says he found him in the hall and en- deavored to pick him up. Murphy himself couid not tell who struck him, Pickpocket Arrested. Gerritt Breenan, of Passaic, N. J., was walking ‘through West street on Sunday afternoon when he was approached by Archibald Kelly, who forcibly robbed him of bis gold watch and chain. Kelly ‘was pursued by Oficer Henry Dwyer, of the Third YORKVILLE POLICE COUBT. Probable Murder of an Italian by a Fellow Countryma: Balleo Bartolomeo, an Italian, residing at No. 5 East Eighty-seventh street, was arraigned on a charge of stabbing a fellow countryman named John Attyno, a resiaent of the same place, and wounding him so severely that his life is despaired of, Both work on the Fourth avenue improve- ment. On Sunday the accused got intoxicated and during the entire evening he was very quarrel- some. At eleven o'clock he left his boarding house and met Attyno and two other Italians a short way irom the house. He endeavored, they allege, to take partin their conversation, but was told to mind bis own business by Attyno, who pushed him back. Without any further provoca- tion, the two Iriends of Attyno assert, the ac- cused drew a knife from his pocket and Stabbed Attyno in the abdomen, causing | almost the whole of the entrails to protruce. He then ran toward Eighty-eighth street, where he was captured by Officer O'Donnell, of the Twenty- third precinct, while running at full speed, but the | Knife could nut be found. fhe wounded man was taken to the Reception Hospital, in Ninety-ninth street, where two physicians examined him and pronounced his injuries of a fatal mature, The | prisoner was Committed to ‘await the result of the injuries. Alleged Burglary. James Burns and Ed. Walsh fortified themselves with whiskey on Sunday night and then proceeded | to the hide and tallow factory of William Carr, at the foot of Forty-#xth street, North River, and after breaking thereinto walked off with a hide worth thirty dollars, They sold it to another manufacturer, in East Forty-fifth street, where the information was obtained that ied to their arrest. They were committed jor'trial in default of bail. BROOKLYN COURTS. COURT OF OYER AND TERMINER. Another Grand Jury. Before Judge Gilbert. There was another Grand Jury empanelled in the Oyer and Terminer yesterday morning, with John Antonides as foreman. Judge Gilbert delly- ered the usual statutory charge to them and they retired to their duties. They will not probably have as much work as their immediate predé- cessors, Admitting Merrigan to Ball. Counsellor A. H. Dailey moved before Judge | Gilbert yesterday to have James Merrigan, an al- leged accomplice in the murder of Miss Hamill, in the Eastern District, admitted to bail, The Dis- trict Attorney offered no objection, but thought Uiat the bail should be high. Judge Gilbert fixed the bail at $10,000, with four sureties, to justify in $5,000each. The triai of Mrs. Merrigan and her husband will taxe place early in December. The trial of Kate Stoddard, for the murder of chee Goodrich, will take place during the same moutl CITY COURT—SPECIAL TERM. Decisions Yesterday. By Judge Netlson. Wheelock, Assignee, , vs. Lee.—The applica- tion as to increased security denied. Waite vs, Albert.—Urder approved. Booth ys. Nash.—Order of arrest vacated, Fuller vs. Carro!l.—Inquest set aside and case put on calendar for trial on the merits on payment Of $20 costs, &c, Healy vs, Flood.—Case referred for trial. Hold vs. Pioneer Iron Works.—In adjusting the Sherif’s fees poundage must be computed only on the amount fixed upon on settlement of the judg- pene i find no authority for the charge of $50 tor jeputy. O'Brien vs. Koehl.—Application for new trial on the ground of newly discovered evidence denied. The evidence proposed is merely cumulative. By the exercise of due uiligence it might have been discovered in time for use. Chapman ys, Unamberiain.—Motion denied. Bessie ys. Turner.—Take order that notice of lis pendens be taken off the files or cancelled. UNITED STATES SUPREME COURT. WASHINGTON, Nov. 3, 1873, The United States Supreme Court to-day decided the case of the State of South Carolina ex rel. Wagner vs. Stoll, County Treasurer, an appeal from the Supreme Court of the State involving the question of tne validity of the issues of the Bank of the State during the war. The charter of the Bank, framed in 1812, provided tnat its issues should be receivable for taxes; but the County Treasurer now refused to receive them, on the ground that they were issued in ald of the re- beilion and were, therefore, no _ tender, The Court below sustained the objection, and the judgment was for the Treasurer. On a former argument of the case im this Court that judgment was affirmed, but upon a re-argument had at this term there is a change of opinion, and the judgment is now reversed, the same Judge writing the opinion, the Court hoiding that as the taith of the State was pledged for these bills the holders were entitled to rely upon that credit and on its protection. The credit of the State couid not be withdrawn without an open and ciear declaration to that effect, and such @ declaration was not made until 1868, by the repeal of the char- ter, which was too late to render the bills no ten- der in the present case. One other case was de- cided by the decision in this. Mr. Justice Hunt de- livered the opinion, and Mr. Bradley dissented, ALBANY OITY BANK Official Denial of the Defaleation Ru- mors. ALBANY, Nov. 3, 1873, For the past two days rumors have been afloat in bank circles at Albany, N. Y., that the stability of the Albany City Bank had been im- paired by loans on stocks which had greatly decreased in value as wellas by some connection with State Treasurer Raines. Your correspondent called at the bank yesterday and found Mr. John V. i, Pruyn acting as cashier, the old cashier, Mr. Amos P. Palmer, being quite sick at his house, Mr. Pruyn assured your correspondent that the bank was fully prepared to meet al! its obliga- tions; that it had met the demands of its customers in discounts, and that the report of Mr. Raines’ connection with the bank was untrue, the Albany City Bank being simply the corresponding bank of Mr. Raines’ bank at Rochester. He knew of no stock collaterals or loans. The affairs of the bank, however, are being investigated, as is cus- tomary at this season of the year. Mr. Erastus Corning is President of the institu- tion, while the directors are among the wealthiest citizens of Albany; and, if the investigation pro- gressing should bring to light any diversion of the bank’s funds, its surplus of over $1,000,000 will more than meet It. ART MATTERS. The cheerful atelier of David Johnson, in Associa- tion Hall, is alive witn twenty fresh studies made by him during the summer and autumn in Weat- chester county. No.1 consists of apple blossoms, very delicate and tender; No. 2, of a study on the Bronx in early sunimer, or rather iate spring; No. 3 isa larger study in the same locality; No. 4 1s a sunset among the Orange mountains; No. 5 Is a romantic old wooden house where the artist re- sided most of the time and No.6 Is an inter- esting litne study of trees; No. 7 is @ large, important, careful and very beautifal study of rocks, the background of which is a fine and elaborate network of bush and unaer- growth. No, 8 ts a study of sycamore trees. No, 9 is another beautiful study of rocks, introducing the purple asters. No. 10 leads us into autumn and gives @ view ofthe mountain known as “The Tourn.” No. 11 18 another view of the same mouns tain, A clouding sky mirrored in a stream isthe Principal feature of No. 12, and a rugged, rollick- some waterfall of ) . Very sweet is the study of Portage Lake, which forms No. 14. No. 15 is notable for serious richness of coior, A variously wooded bill, reflected in the river, which creeps along its margin and enveloped with sombre October shad- OWS, constitutes the sixteenth memorandum. No, 17 is & souvenir of one of the loveliest points of view on Wawayanda Lake, aud Nos, 18, 19 and 20 represent different epochs of sunset and twilight. Te last mentioned one 18 singularly original. The lower half of the picture is drowned in the mysterious obacurities which veil @ landscape Whence the light of Nas just departed, Above the purplg-biue hills of the hort- zon extends a deep layer of orange light. B: grees this edges off into strata ‘and streaks of murky yellow and finally into blue, mottied with clouds fll of flery flashes and mson ripples. The whole study is @ sirong and hiful interpre. tation of certain facts in nacure which the artist has seen end felt, and will doubtiess be employed by him in @ composition which the public will ere long have an opportunity to admire, DIED IN BED. Ann Hyne, an [rishwoman, thirty-six years of age, who lived at No, 829 East Twenty-first street, was yesterday morning found dead in bed by her children, inquest. ’ at the Polis To-Day—General Kem- per’s Address. ‘RicnMonn, Nov, 3, 1873, The most exciting and well contested political canvass that has occurred in Virginia since the days of Polk and Clay closed quietly and peaceably to-night. There are grave apprehensions, how- ever, that preconcerted disturbances will take Place to-morrow, which may possibly result in bloodshed. The Mayor of this city ts in re- ceipt of information to the effect that the negroes, led by certain imported republicans, contemplate creating rlot and disturbances at the polls, with a view to call upon the national yovern- ment in the event of Hughes’ deleat, lt is given out as their purpose to have the election anuulled in the case of riot and bloodshed, and to have Hughes installed as Governor by federal bayonets, after the manner of Kellogg in Louisiana. 80 strong are the grounds for fear that the Mayor has order the First Virginia regiment to be ready for duty ata moment’s call at any time to-morrow. Nearly 100 special policemen have also been sworn in to preserve the One of the companies is ordered to remain at, their drill room all night, and to be under arms promptly at sunrise to- morrow. What the programme of the alieged disturbers is has not been developed, but it isa fact that @ tew days since the keeper of the armory here was knocked down and the key taken from him. The night alter this the armory was found open, but it bas not transpired whether any arms or ammunition were stolen, To-night there is nothing beyond these Breanne, which have been secretly conducted, to indicate any disturb- ance, and it ts possible that, notwithstanding all this, the election may peae off quietly, Some republicans claim that the vote will be close and that Hughes may be elected, but they generally concede tne election of Kemper by & smail maiority. They take even bets against 10,000 majority for Kemper, but the conservatives claim as much as 20,000, There is about 40,000 registered white majority in the State, and it 18 claimed that nearly the whole of this vote will be cast for Kem- per, with the exception of the federal and other republican ofice-holders, the fight on the question ot race having driven ail other white men from the republican ranks, General Kemper, who was here to-day, has issued the following address to the people of Virginia:— At the close of an arduous canvass of oor State, rT recognize with a heart tull of gratitude the splendid hospitality and unbounded enthusiasm with which you have everywhere greeted me as the representative of our cause, AN date struggle ot united conservatives yr one day more will crown our cause with glorious victory, eon to the breach, dear friends, once more. hour assured triumph let moderation and magnanimity all our counsels. As the well’ earned fruits of your com ing, spocess, let the tides of Immigration pour into Virgihia. let productive mang- factures, trade, commerce, education and ar: new life throughout all our borders. Let us h trinmph as will torever settle tho intestine feuds of the past, difuse peace and good will over our land and light up the whole Commonwealth with a sunburst of content- ment and prosperity. There is a later rumor in the streets that three boxes of muskets and a quantity of ammunition were taken from the armory the night it was entered by means of the key. If this is true, it looks as if dangerous work was contemplated. POLITICAL NOTES AND COMMENTS. Eee The Leavenworth (Kansas) Commercial im- peaches the Governor of that State of high mis- _demeanors in this, to wit:—“of perjury, in neg- Yecting and refusing to appointa United States Senator for the State of Kansas when it was his sworn duty to do 80. Second, in using the high prerogatives of his oMfce to secure the election of a United States Sennator next winter in fraud of a free choice by the Legislature. The Rome (N. Y.) Sentinel perpetrates the follow- ing:—“Father, was Greeley elected?” asked an unsophisticated twelve-year-old of his republican sire. Starting up with astonishment the latter answered, “No, why do you ask such @ foolish question !*” “Because,” said the boy, “you said last fail it Greeley was elected there would be a panic, and everybody says there is a panic, now, so I thought Greeley must have been elected.’’ That boy will make his mark, Says the Washington Republican (administra- tion) :—*'It is among the rumors of the day that a certain clique of straight-out secession democrats, including several prominent unreconstructed Southerners now in this city, have begun an in- trigue to secure the nomination of Senator Thur- Man, of Ohio, tobe the democratic candidate for President in 1876, and that they have selected Senator Bayard, of Delaware, for the second place on the ticket.” The Louisville Courier-Journal relates the follow- ing incident in the early life of Henry A. Wise :. “At that time Wise stood for chivalry and the first time he went out on the fleld of glory plucked his man. It was old Cocke, of Virginia, and some- where back in the thirties, with Love, of Kentucky, as his second. There was a deal of bickering among the friends before the principals were placed vis-a-vis, and Wise, numbed by the sharp morn- ing air, and by nature nervous and excitable, was trembling perceptibly. Cocke saw ths, and, mistaking it for trepidation, said to his second in a stage whisper, intended for Wise’s ear, “I call you and heaven to witness that I am guiltless of this man’s blood.” Wise’s eye flashed fire at what he knew to be a piece of de- liberate jockeying, and he stammered out, “B-b-by God, you b-better t-take care of your ow-own blood,” and put a@ bullet through his body at the first fire. About that time it was that he pulled the nose of Mr, Speaker Polk. It is related of a former member of the Missouri Legislature, whose reputation was far trom spot- less, that he absented himself for a while under the plea of sickness, and shortly after had his death announced. Thereupon the Legislature passed the usual resolutions of condolence, some of the wily member's bitterest enemies eulogized their “departed friend’s exalted character and high moral worth,” and the next day he reappeared in his seat with the resolutions and eulogies neatly pasted in his memorandum book as a receipt in full for the past and a letter of credit for the future. Once m In the courtesy, A COLORED JURY. salhepaaiean Twelve Sable Men and True Sentence Ouc of Their Race to Death for Murder. WILMINGTON, N. C., Nov. 3, 1873, The trial of Dave Martin and Jimmy Anderson, both negroes, for the murder of a white boy named Carter, in September last, was brought to a close to-day, resulting in the acquittal of Anderson and the conviction of Dave Martin of murder in the first degree. The remarkable feature of this trial lies in the fact that the entire jury were negroes. The accused were negroes, while the victim of the murder was white. The Judge sentenced the pris- oner to be executed on the 28th instant, in doing which he remarked that upon the whole it was gratifying to see and know that in a case of such importance, involving such delicate relations be- tween the white and biack race, a jury of black men had rendered @ verdict accord- ing to evidence and according to law. ‘This verdict presents & ne contrast to one just rendered in another State, involving similar important consequences to them. Here a jury of twelve negroes, probably a majority of them un- able to read or write, gave such a verdict as the highest degree of intelligence and integrity demanded. There a jury of a different race, white men, educated men no doubt, had rendered a ver- dict contrary to what have been considered estab- lished and proved tacts, 80 declared by the Judge on the bench and so acknowledged by public sentiment. So much for the difference of justice as administered in North Carolina, His Honor regarded this fact as worth the calm consideration of statesmen and law makers. Honest ignorance should be recognized, while intelligent vice should be scorned. . The community had no reason to fear so long as men were governed by their convictions of what was right. He would not thank them lor what they had done; no one shouid be thanked for doing bis simple duty. He had no doubt that a jury of white men, under similar evidence, would have convicted a white boy of murdering a negro boy. Their verdict, at least, had not been influ- enced by any feelings of race or caste. It certainly presented food for reflection. MURDER AND BUIOIDE AT 87, JOBN, ¥. B. Sr. Jorn, Nov, 3, 1873. J, Nicholas Doyle, of River Jonn, N. S., formerly a resident of Oneida, N. Y., arrived here on Satur- day night with his wife. Yesterday they took a walk, When he shot her dead in the street, and aiterwards shot and killed himself, Jealousy 19 supposed to have been the cause of the act. AN ALLEGED MURDERER DISCHARGED PROM CUSTODY, Boston, Nov. 8, 1873. the examination of Michael At Houlton, Me. Coroner Keenan was notified to hold an | Ketley, who was suspect Mar ta, pec ted of murdering Wiiliam ved io bis a) Justices Obtained by Judge Coulter— Letter from the Mayor to the Police Com miasioners. During most part of yesterday the new Police | Justices heldea meoting at the Mayor's private oMee, the seasion being held mainly to take into consideration the annexed injunction, issued by Judge Robinson, of the Cou: t of Common Pieas, re- straining the newly appointed justices from inter- fering with the Yorkville Police Court, The follow- ing is a copy of the document as served to the new justices :— Count or Common Puxas ror rie Crry AND Oounrr or New Yorx—James K. Coulter vs. Henry Murray, Bank- son T. Morgan, James F. Kilbreth, Marcus Otte rbourgh, Butler H. bixby, Charles s Wandeil, Frank 6 Kasmi. A. Flammer, Benjaimin ©. ‘3. Smith, Thomas D. Sherwood, George injunction and order to show cause. Satisfactorily to me from the com: mn and from t ida sufficient grounds for the order of injunction exist, 1 do hereby order that the defendants (names as above), and each and all them and the attorney of any or elther of them, be and hereby are enjoined and restrained from doing be done thing to interrupt, plaintif, James k. the duties of the office Coulter, in or irom exercisin; ic of, olive Fustiee for the venth Judicial district of New k, from earning fork, OF in oF the salary thereo! until noon of the 1st day of January, 1876, unless or until final jndgment in said action of quo war- rondo shall soonor be rendered in tayor of the people an the said Murray and against the plaintiff, James &. Coul- id ey each and all of them'further are and njoined and restrained trom making any reement or designation of any one of their number to rude on this plalutiit in his office aforesald, and from making any demand trom this plaintiff, James E. Coul- ter, to deliver possession of the books papers and docu- ments appertaining or belonging to the office aforesaid, and trom commen, any proceedings 01 seizure of or using any force or violence to obtain otherwise than by proceeding in action inthe nature of uo warranto until the other or further order of the Court. Xna'T'do hereby further order and direct that the said defendants, each and every of them, show cause before one of the Judges of this Court, at a special term thereof, to be held at the City Hail, in the city ot New York, ou the 5th day of November, 1878, at eleven o'clock in’ the forenoon of that day, or as soon thereafter as counsel tinued untdl’catey of final Judgment in this nation. “O until ent ol al ent in is iol es New York Common Fleas. of New Yor! ry Nuw Yor, Nov. ly ters Mayor Havemeyer was likewise served with a simiiar document, the copy being endorsed by Mo- Dell and Zeigler, plaintifs, 7 MAYOR AND THE POLICE JUSTICES. The following letter was transmitted to the Po- lice Commissioners by His Honor the Mayor:— Exacutiva Derartwxyt, City Hatt, nw York, Noy. 3, 1873. a tam Pouce Comurssionsns or tax City or New x Guntiewen:—By virtue of chapter 583 of the laws of 1873 I have ‘appointed and the Board of Aldermen has confirmed the following named parties as Police Jus tices tor this city Bankson T. Morgan, James T, Kilbreth, Butler H. Bixby, Marcus Otterbourgh, Charles A. Flaminer, Benjamin C. Wandell, Frank 3. Smith, Thomas D, Sherwood, Henry Murray, George E. Kasmire. These officers have been duly sworn mito office and by law will proceed to execute and perform the duties im- upon them at the various Police Courts of this city on Tuesday, ¢ 4th inst. at noon. J suggest that this tact’be communicated to the officers of the Police Department, and that they be Instructed to take all prisoners Lelore'sald Justices at and alter that ay a jour. ‘ery respectully, " WILLIAM F. AVEMEYER, Mayor. A similar document was sent by the Mayor to the Commissioners of Charities and Correction, Tequesting them not to take charge of other pris. oners than those sent them by the new Jadges. A PROTEST. It is claimed ‘that the action taken by Justice Coulter, in moving for.an injunction, was not con- sented toby his associates, who, under legal ad- visement, preferred to test the constitutionality of the appointment of the new Justices, first, by sur- rendering their seats to the appointees under pro- test, and afterwards bringing the question fairly and squarely before the Courts for argument and final adjudication. The form of protest agreed upon is in these words :— —,Distmor Pouier Coury, } New York, Nov. 4, 1873. I decline voluntarily to surrender my office. Imake no factions opposition to your intrusion into the office, but I require you to produce the ormal evidence of your right to take possession in a way to relieve me from the imputation of acquiescing in your claim. — —— THE ARIEL LOST. Another Steamship of the Pacifie Mail Company Wrecked—A Total Loss—All the Passengers and Crew Landed Safely.. The Pacific Mail Steamship Company received a despatch from their agent at Yokohama, at their office in Wall street, yesterday, that the steamship Artel, doing service between Yokohama and Hako- dadi, Japan, had been wrecked and proved a total loss, but that not a life was lost, the passengers and crew getting off safely. The Ariel ran monthly between the two ports mentioned, and it is more than probable that she Tan on the rocks near the dangerous entrance to the harbor of Yokohama, Her crew and passen- gers were composite in character, and the latter always mainly consisted of Japanese merchants, trading between the two ports. It wus only a voy- age of two days and a half from one place to the other. ‘The Ariel was a wooden vessel, and was origi- nally built for Commodore Vanderbilt, by Wester- velt, of this city, in 1854. She had several owners, and, after several changes, tell into the hands of the Pacific Mail Steamship Company, who, in 1868, sent her out on the Japanese service. She has no’ been to this port since, and has answered the pur- joses for which she was intended by the company, ing @ large (1,736 tons burden) and cheap (Value $50, boat, and of moderate speed. She was not insured, 0 that whatever loss there is fails upon the company. In 1863 the Ariel had been remod- elled and copper-fastened, but was not surveyed, and, consequently, did not rate at Lioyd’s. The dimensions of the Ariel were:—Length, 253 feet; breadth of beam, 32 feet; draught, 16 feet. Her commander was Captain Jones, The company do not appear to regret her loss very much, as she had served her time, and as long as no lives were lost the main matter of regret is spared. Her place will immediately be taken by another vessel of the line, and in a few days more particulars of the wreck will be at hand. THE OAPTAIN OF THE SUNRISE, San FRANCISCO, Nov. 3, 1873. Captain Clarke, of the ship Sunrise, convicted of cruel and inhuman punishment of the seamen on board that vessel during the voyage trom New York, appeared for sentence in the United Stgtes Circuit Court to-day, but his counsel obtainea a postponement until next Thursday, for the pur- pose of filing affidavits on a motion for a new trial. ~~ ABMY ORDERS. Lieutenant Colonel Richard F, Dodge, Twenty- third infantry, recently promoted from major of the Third infantry, nas been orderea to proceed without delay to join his proper station in the De- jartment of Arizona, vacated by General Crook, jajor Henry L. Ch jan, Third infantry, has been ordered to join his proper station in the Depart- ment of Missouri. “"KAVAL ORDERS. Midshipmen F, Ellery, F. L. Dudlow and H.C. Noye have been detached from the Richmond and ordered to examination. Midshipman George W. Mentz has been detached from the Wyoming and ordered to examination, Midshipman J. J. Hunker has been detached from the Juniata and ordered to examination. THE NEWARK ALLEGED FRAUDS. Trial and Acquittal of a Contractor Charged with Perjary. In the Newark Court ‘of Quarter Sessions yester- day the triai of Bernard M. Shanley, a contractor, onan indictment for perjury, which occupied the attention of the Court several days, was brought to @ clone and resulted in the acquittal of the ac- cused, As previously stated in the H#RALD, young Shanley and three other persons, ci.y inspectors employed by the city to oversee city work and gee that it was done according to contract, were indicted on the ground that they had perjured themselves in making false aMdavit in the interest of another contractor named O’Uon- nor, who, it was alleged, had not done certain work on springfleld avenue according to contract, which alleged dereliction was made the basis by taxpayers to refuse to pay their assessments. During young Shaniey’s trial a number of most prominent citizens were placed on the stand, and all testified strongly to their firm belief in his in- tegrity that he would never have signed any afidavit unless he believed the statement to be true, The trial of the inapectors is yet to come, DEATH OF A WELL KNOWN NEWARK OITY OPPICIAL, On Sunday night, at his residence, in Newark, died Mr. Charlies Merchant, an old and highly re- spectable citizen,°and for many years past em. ployed by the city as one of the principal commis- sioners for opening streets, &c. This, as is well known, ts one of the channels through which the city of late years has been plundered by the City Hall Ring. Mr. Merchant was gentieman of sterling honesty, and because he could not be dragged into the ring and used as @ {ool by it he for the last two years las not had a leasant life et the City Hail, Not jong since he gave notice that he would not serve on any more commissions until the charges hang- rep other ay omici Sd fe ue atl +H ni of ade pur Mensive man, afraid of evem with persons he Weer Cursren, Pa., Nov. 3, 1873. Lewis Engle, who lived adjacent to the shop of Goss, in Baltimore, gave # minute description of the building, and described the burning and tho discovery of the oharred remains of the body alleged to be thas of Goss. Udderzook sent him into Baltimore to sell the family that Goas was missing. John C. Smith, who hauled the body out of the fire, still believes the body was that of a female. He stated that a colored woman told him that Goss had left the shop before the fire. Dr. Howard, who made the post mortem examt- nation of the burned body, testified particularly with regard to the condition of the teeth, which were very imperfect and very unlike Goss’s teeth, The Court adjourned until this afternoon, In the trial this afternoon William B. Crockett, who keeps a gentlemen’s furnishing goods store, testified to knowing the man, whom he was told was Silex ©. Wilson. He identi- fled the Photoerapa as a likeness of the man. He sol im a shirt and other articles; he had never seen the shirt since; he then described the peculiar marks on the shirt sold by him, put on with indelible ink; the shirt found with the body was then shown to the witness, and, alter close examination, he said emphatically, “that is the shirt Isola to him, it bas all the marks I previously described.” He prouent with him a snirt of the same descrip- tion, and showed a similarity of marks with those sold at the store, Mr, S, Hinds, tailor, of Baltimore, testified that he had known W. 8, Goss for sixteen years, had had made coats for him; the coat be- longing to Wilson, previously identified by Mrs, Coombs, was shown and the witness said he could only recognize it by its being the same size as one made by him jor Goss; it also has the appearance of @ coat of his make irom the inside work and the sleeve lining, The prosecution offered as evidence the record of the suit of Mra, Goss against the New York Mutual Life Insurance Company, but the defence objected and admitted the fact. Tne prosecution accepted the admission, reserving the right to ap- peal to the records if deemed necessary. The affidavit of Udderzook, relating to the alleged burning of Goss, made at the above trial, Was presented and admitted by the defence. Mr. Hodgeson testified to becigdacd Udderzook on the 28th of June in Wilmington and to riding with him to big ae bed Francis M, Pile, of West Grove, Chester county, saw Udderzook and a stranger in his barn between ten and twelve o’clock on the morniug of June 30; inens rae in the reg and Msiy persons on the fd6F sbovo, on going up foun two men TneterUhactesox Fata they came from the city for recreation and to fish; he bought a pie and other things at the house; witness did not see them again. The Court then adjourned until half-past eight A. M. to-morrow, THE JAMAICA ASSASSINATION, Arrest of the Alleged Guilty Parties—The Coroner’s Inquest on the Remains ot Mr. Howard—Strong Evidence Against the Prisoners. The murder of Mr. Philip Reid Howard, at. Ja- maica South, on Sunday, has created the greatest excitementin the neighborhood in which he re- sided and was weil known and highly respected. The circumstances of the murder have been already publisbed. His wife suggested that he should bring in a cabbage from the lot, and he went out for that purpose. Up to three o’clock, however, he had not made his appearance, and, upon inguiry being made at the house of his brother, who resides directly opposite, it was ascertained that some persons had been seen upon the meadow of the deceased about eleven o'clock in the foredoon, and that shots had been heard in the same direction. The brother, being informed of the circumstances, immediately made an in- vestigation, and going to the spot where Mr. How- ard had been last seen he found him lying lifeless on the ground, having been shot in the side. The body of the deceased was at once removed to his house and Uoroner Allen, of Jamaica, sum- moned. He empanelied the following jury:— John Horseman, Edwin Powell, Thomas Remsen, Wyckoff Boerum, David Cummings, John Van Wicklen, David Dissosway and Henry Valfelde. The jury, after viewing the body, were dis- charged until ten o’clock yesterday morning. Per- sons residing in the vicinity recognized the gunners as Patrick Gilligan and his son-in-law, James Len- non, and the Coroner at once issued warrants for their arrest, which were placed in the hands of Officers Scully and Remsen, of Jamaica. These oMcers proceeded to Gilligan’s residence at Woodhaven, where they were refused ad- mission, Gilligan's wife stating that her husband was not at home. The ofticers, however, expressed tneir determination to break in the door, and it was then opened, They found Gilligan lying upon a@ sofa, feigning sleep, with a double barrelled gun, heavily loaded and capped, standing beside him. He denied to the officers, at'first, that he had been on the meadows that day, but finally acknowledged that he had been there. Ina closet of an adjoiuing room were found Gilligan's coat, pantaloons and boots, which were worn by him on Sunday morning, and in'another room was found another double barrelled gun, loaded and capped, together with his shot pouch. Gilligan was con- veyed to Jamaica and locked up in the Town Hall. Meantime the brother of the deceased, armed with @ warrant {rom the Coroner, proceeded to Brook- lyn and effected the arrest or Lennon, who was found in bed at his residence in Smith street. He, also, was conveyed to Jamaica and confined in a cell, Yesterday morning, at ten o’clock, the Coroner commenced the inquest, Dr. William D. Wood, of Jamaica, having previously made a post- mortem examination of the body of Mr. Howard _ Doctor's testimony is substantially as fol- lows :— “I made a careful post mortem examination of the body ot Philip R. Howard, at ten o'clock on Monda: morning, at the house of the deceased. About one inci below the left nipple, and between the fourth and fiith ribs, which where both badly fractured, a gaping Mound was presented about two Inches in circumference. The upper love of the lett jung adhéred to the ribs. Found a quantity of shot in the lungs, also in the heart. The heart was normal Alter picking out the shot I found that it was of two sizes. aiso found about one quart of blood in the left cavity of the chest, ‘There were also two wounds in the lett shoulder. Found that the deceased must have been shot twice, as there was no connection between the wounds in the chest and the shoulder. The shoulder was terribly fractured, the shot going entirely through about one inch below the point of the shoulder. I found fragments of his coat em- bedded in his shoulder, It is my opinion that the de- ceased must have died instantly. After the Doctor's testimony had been taken, the Coroner, with the jury, went to the field in which the murder was committed, and tnspected the tracks which were yet plainly visible in the soil. ‘It was tound that some of them petabei: cad precisely witn a pair of boots found on Gilligan's premises, the peculiarity being the loss of a nail in one of the heels, which was plainly indicated in the tracks, The Coroner's inquest was formally commenced at eleven o’clock yesterday. Dr. Wood was the first witness examined and gave testimony similar to that embodied in his statement of the results of the post-mortem examination. William Tillet testifted that Gilligan and Lennon called at Simonson’s Hotel where he was employed on Sunday morning and again in the afternoon, when they said they had been out gunning ; Gillen said he had been down to the bay and appeared to be intoxicated ; he knew Gilligan to be @ dangerous man when under the influence of liquor: on his return in the afternoon Gilligan appeared to be very much excited and drank deeply. fark Uhl testified that he was brother-in-law of the feceased: he heard loud talking in his fleld and looking in the direction saw two or tian ¢ men, one of whom, Guia by description, he heard say, “We'll see about Mr. Uhi’s property ts only a short distance from that of deceased and he identified the persons ar- rested, Gillig’n and Lennon, as the same he saw on his premises, William Anthony Uhl, son of the preceding wit- ness tully corroborated his father's vestimony. The inquest was then adjourned unul Wednesday morning next, at ten o'clock, at the Town Hall in Jamaica. The greatest distress has been ocoasioned in Mr. Howard’s household by bis untimely death, aggra- vated by the fact that it occurred on the anniver- Lowe! & of his birth, when he had made special prepay rations for its observance by inviting his aged parents to participate in a family reunion, MIKE M'COOLE REARRESTED. Sr. Louts, Nov. 8, 1873, A warrant having been issued to-day for the re- arrest of Mike McCoole, charged with killing Patsey Marley last Wednesday night, he gave himself up this afternoon and is now in jail, His bond has been cancelled, Sherif Cooper, Madison county, Ill, denies that a requisition for Allen, McCoole, Chambers, Blake and others who participated in ight in that county some weeks ago has been issued by Governor Beveridge. AN ACOLDENT 10 OHUROHGOERS, Bosron, Mass., Nov, 3, 1873, In Wareham, Mass., yesterday, a large wagon, conveying seventeen persons from that town to the hurch at Tremont village, waa up- bord Sonn itagerss Michael Prindabie an Thomas Hielly were seriol {njured, aud several otnors were badiy gona, General Manvel ignacio Vi ranoo dled i Seaniaen. chu, on the 16th of last month, after @ painful d tingering t1!ness, Born in Lima in 1808, Vivanco, entered the ranks patriot army at an early age, and had the honor in war horse Caati end forced to take refuge abroad. Since that epoch Vivanco served his coun- try in many different manners—} tentiary to foreign Courts, President oi Co: and Min- ister under the régime of Pezet, was al! noted as an honest man, sometimes erring in actions, but ever pure and honorable in inten- tions, The great oversight of his life was his com- pact, in 1865, with the Spanish Admiral Pa) con- ceding to the usurpers of the Chincha islands the large sum of three millions of hard dollarsag a compensation for the expenses of Dong Isabella's fleet on the coast. Nevertheless a fair opin may be formed of the estimation in which he held from the fact that a popular subseription is on foot, and. well responded to, to bi his re- mains back from Chilt to his native and to erect over them @ costly mausoleum, Abo Ourry. The Virginia (Nev.) Enterprise of October 21 reports as follows:—‘Colonel Abe Curry, of Carsoly City, who suffered a stroke of paralysis last Friday morning, died last Sunday morning about four o'clock. He was a native of the State of New York, and at the time of his death was fifty-nine years ofage. Colonel Ourry was afpioneer on the Pacific coast, having arrived in California in 1850 or 1851, and having resided at Grass Valley, Red Rook, and, finally, at Downleville, in that State. In the summer of 1858, in company with Volonel John J. Musser, Colonel Frank M. Proctor, Ben Green, Ca} tain Ferguson and W, B, Hickok, he came over t Sierras on a sort of PRs 4 expedition, Where Carson City now stands there was at that time ® small. Mormon settlement, and these wandering Lattor Day Saints having been recalled by Brigham youne on ac- count of his troubles with the United States) government, Colonels Curry, usser, and Ken Green purchased their lands, embrac: the present site of Carson. From that time unt the day of his death Colonel! Curry labored for the ocd of the town. Several of the principal public uildings of the place were built by bim and the: last big job of the kind completed by him was tho erection of the huge tron-covered structure con- taining the machine shops of the Virginia and, arches, Railroad Company. He erected and was the first Superintendent of the United States Branch Mint at Carson, and, in short, had some- thing to do with the erecting of every public butid- ing in Carson, except the Capitol, we believe. Colonel Curry was a man of great energy, Industry and enterprise; indeed, was irrepressible, whether fortune smiled or trowned. He was a Mason, an, Odd Fellow and waa the founder of the improved: Order of Red Men, and at the time of his death was Great Vice Incohone of Nevada, — Charles W. Ford. t The St. Louis Dispatch states that the late Charles W. Ford, of that city, was “one of Presi- dent Grant’s most intimate friends. He left St. Louis eight or ten days ago, having received a de- spatch from the President requesting him to meet him at Toledo, whither he hastened, and on his way home was taken sick. At the time of his death he occupied the position of Collector of the United States for the district composed ot St. Louts county, Which position be has held for the past five years. He was also principal agent and manager of the United States Express Company, which place ne filled since the spri Ot 1855, at which time he moved to St. Louis. Since the accession of Gen- eral Grant to the Presidency he has frequentt, urged Mr. Ford to accept high 2 hoe within bi gilt, but he nas always declined. His recent visit: to the President, however, was possessed of more: than ordinary interest. He met him at Toledo, and: it is well understood that at that time he yielded. to the earnest and oft repeated,solicitations of the: President to accept a piace in his Cabinet. The position intended to be tendered to Mr. Ford was that of Secretary of the Interior, Mr. Delano, the pr sent incumbent, being booked for Secretary ichardson’s place. William Stark. William Stark, of Manchester, N. H., a brother of General George Stark, of Nashua, and a great- grandson of Major General John Stark, of revolu- tionary memory, has died in the McLean Asylum, in Somerville. He was about forty-eight years of age. He graduated at Williams College in 1 and studied law and practised his profession in Man- chester for some time. He was a man of very fine: literary taste, and wrote many poems. He also gave attention to the collection and care of raro animais and birds, and gathered many vaiuabie specimens from remote countries at great expense. Robert W. Crawford. The St. Louts Dispatch of October 25 reports the deatn of Colonel Robert W. Crawford, of Spring- field, Mo. Colonel Crawford was a native of Vir- ginia and was sixty-two years of age. He tmmi- grated to Southwest Missouri in 1836 or 1837, re- mained a short time in this place and then moved’ to Lawrence county, where he continued to reside until the war began, when he went South. In 1861 he was chosen a delegate to the State Convention: which was at that time called to consider the pol- icy of the State with reference to the impending. civil war, He was a bold and outspoken union man in the canvass preceding the election, and continued to be so until the capture of the State militia at Camp Jackson, in May following, by tae: federal troops under Lyon and Blair, at which time he renounced all allegiance to the federal government and ovenly espoused the cause of the Coniederates. At tne battle of Wilson’s Creek he! Jed his command through that dreadful conflict, and during the battle nad two horses killed under! him. He afterwards participated in the battle of, Dry Wood and Lexington, and on at of General Price from ‘Springfield, ruary, 1862, left his home and _ family to follow the fortune of the Missouri’ Confederates. At the battle of Pea Ridge he dis-. tinguished himseif for gallantry, After that en- fpeomane his old regiment, now reduced in num- ers, Was Organized into @ battalion, and upon the transferrence of the troops froin the trans-Missis- sippl Department to Corinth, Miss., he was sent by General Price to Texas in charge of a large number of horses and wagons belonging to the: “State Guard,” which it was deemed inexpedient to take with the army. In the summer of 1862 he again returned to active service in the army in Northwestern Arkansas, and there undertook to organize the refugee Missourians, in which he was, interfered with by General Hindman, and, to avoid coming in contact with the order of the latter, re- tired into the Indian Territory, At the close of the war, finding himself enfeebled in health from cli- matic influences, he removed to Woodruff county, Ark., and there, in the season of 1866, engaged in cotton planting, but owing to his inexperience and the disturbed condition of labor, he made a failure, or lost what little he had saved from the ravages of war. BOARD OF ASSISTANT ALDERMEN. A regular meeting of this Board was held yes- terday afternoon. The only business transacted was the adoption of @ regolution offered by Assist- | ant Alderman Clancy to refer the subject appro- priating $2,500,000 to the Industrial Exposition Company to @ committee of nine, consisting of Assistant Aldermen Healey, Simonson, Duryea, Strack, Brooks, ‘Theiss, Wisser, Kreps and Kehoe. ° The Board then adjourned. SAD FATE OF A PILOT, An inquest was held yesterday on the body or William Carroll, which was found floating in the river at the foot of Van Brunt street, South Brook- lyn, on last Sunday. The deceased was a Sandy Hook pilot, about thirty-five years of aye, and r sided at No. 20 Wyckoff street. He had been miss- ing from his home since the 21st of October. A verdict of “accidental death” was rendered. DEATH IN THE TOMBS, Coroner Young was yesterday called to the Tombs to hold an inquest on the body of Charles Sapper: a German, thirty-eight years of age, wit out home or means of support, who died there jew hours previous from natural causes, St. Lovuts, Nov. 3, 1873, M. E, Wade, formerly clerk in the office of the Secretary of State of Tennessee, was arrested he.e bt liga charged with forging $20,000 in State 8. FORMAL OPENING OF THE INTERNATIONAL BRIDGE, Forr Enis, Canada, Novy. 5, 1873. ‘The International Bridge was formally opened jo traMc to-day, Several passenger and freight trains crossed. AN INFANT BURNED TO DEATH, Boston, Nov. 3, 1873, ‘The house and barn of William Stockeil in Wil- ton, N. H., were burnea yesterday. The fire was caused by the children, who were left alone, play- ing with matches. The youngest child, au talent: Periahed {u the