The New York Herald Newspaper, November 7, 1873, Page 10

ee Oe a awe THE COURTS. Motion to Quash the Indictments Against Ex-Comptroller R. B. Connolly. No Juror Yet Obtained in the Tweed Case. -_—_—— Whe Stokes Juror, No. 8, Convicted of Con- tempt of Court and Sentenced to Thirty Days’ Imprisonment and to Pay a Fine of Two Hun- dred and Fifty Dollars, Im ‘the Tweed big indictment trial no progress ‘was made yesterday except in exhausting the panel, as up to the adjournment of the Court nota singte juror had been obtained. Counsel for the defence seemed determmed to make the trial of the big Boss tedious and wearytng as the big ine dictment itself, It is not every day that so big a plum falis into the hands of counsel, and they are anxious to make the most of it; and if even they do prolong it beyond the patience of Big Six the quiet reminder, “What are you going to do about it?” ‘will be sufMicient to keep him quiet, and save me from my friends will, no doubt, be his last appeal ‘before they get through with him. The argument in the suit of Judge Conlter to Westrain Mr. Murray specially, and generally all ‘the other new Justices of the Police Courts, from interfering with him, was continued to-day before Judge Larremore. Mr. Vorman B, Eaton argued at Jength that the law under which the new Justices Were appointed and the old Justices removed was constitutional, and that therefore Mr, Coulter had not even color of oMice, and that the rule that an officer should not be removed except after a trial of title of office by quo warranto was a rule of public policy which did not apply to this case, where public policy required the immediate settle- ment of the right to office, and in which nine out f the ten ousted Justices, recognizing this, had ac- cepted the offer of the Attorney General to at once test their legal rights in such ap action, The case 4s still on. John Brodie, alias Adam Petrie, was brought before Commissioner Shields and charged with having become surety, under the name of Adam Petrie, for Erederick Rudolph, a cigar manufea- turer, No. 122 Delancey street, by swearing that he ewned property which did not belong to him. The bond—a tobacconist bond—was given to Morris Friesdam, Collector of the district. Defendant, who had been arrested by Deputy Marshal Bernard, was held in $2,000 bail for examination, A man named De Bevoise, who had been accused of conspiracy to defraud the government by Illicit distillation at the Spring Valley distillery in Roc land county, appeared before Commissioner Shields and gave bail in the sum of $2,600 to attend and and answer the charge when called upon. In the United States Cirenit Court Judge Woodrum rendered his decision in the case of W. A. Britton vs. General Benjamin F, Butler, which was recently | tried before him, This was an action to recover about $15,000, being the amount of certain checks of which the plaintiff claimea to be the owner, and which had been confiscated by General Butler while commander in the Department of the Gulf, on the ground that the checks were being brought from rebel into loyal territory, contrary to the provisions of martial law then existing. The decision of the Judge is in favor of General But- Jer. In the United States District Court yesterday, before Judge Biatclford, counsel on behali of Edward Lange, recently convictea of embezzling | Mail bags and sentenced to one year’s imprison- ment and a fine of $200, made an application tor @ writ of habeas corpus, 80 that the legality of the sentence might be discussed. It is claimed by prisoner’s counsel that the sentence should have been either tmprisonment or fine, while the sen- tence imposed included both imprisonment and | fine. Judge Blatchford refused to grant the writ, and counse) expressed their intention of making a mmilar application to Judge Benedict, before whom the case was tried. Henry Freund gave bail yesterday before Com- missioner Shields, in the sum of $2,000, for exami- nation on a charge of committing perjury inswear- ing that he owned property which, it is claimed, did not belong to him. This swearing is alleged to have taken place in connection with a bond which | the defendant was entering into on behalf of another person. THE RING SUITS. Motion to Quash the Indictments Against Ex-Comptroller R. B. Connolly. In the Court of General Sessions, before Judge Sutherland, yesterday, Mr. John McKeon, in ac- cordance with notice, moved to quash the indict- ments found against Richard B. Connolly by the Grand Jury in December, 1871. Assistant District Attorney Russell offered a preliminary objection to the motion, and asked Mr. McKeon to present the grounds of the motion. Mr. McKeon said the motion was based on the ground that another indictment for substantially ‘the same offence had subsequently been found by the Oyer and Terminer Grand Jory, and the law required that when @ person Was a second time indicted for the same offence the first in- , dictment be superseded. There were on file in the Clerk’s office of the General Sessions fifteen in- @ictments against Mr, Connolly—two jound on the 15th of December, 1871, charging Mr. Connolly with not having properly audited certain warrants, while the remainder of the indictments were found a day or two afterwards. So the matter stood un- til October, 1872, when the large indictment, com- ene 251 counts and@ covering 60 claims, was found against Messrs. Tweed and Connolly by the Oyer and Terminer Grand Jury. Counsel con- tended that this indictment covered the clatnrs: pr December 15, 1871, and on this ‘ound | he asserted that the original | dictments were superseded by that of the Uyer | and Terminer, Counsel contended t! it the Gen- eral Sessions Grand Jury, by which the indic Ments of 1871 had been found, was extended iile- gally from the November term by Judge Bedford, and that therefore its action was void. Counsel asserted that Mr. Connolly had never been under examination by a committing magis- trate, and added that the November Grand Jury could not find an indictment when the Oyer and Terminer Grand Jury was in session, Mr. McKeon then quoted from the act o! 1870, which supported bis view. Assistant District Attorney Russell was not ready to argue the case, and the 15th inst. was ape Pointed for the further hearing of the question. THE STOKES TOROR NO, 8, James Delos Center, Juror No. 8, Con. victed for Contempt—He is Sentenced to Thirty Days’ imprisonment in the County Jail and to Paya Fine of $250. After recess, in the Oyer aud ‘rerminer Court yesterday sitting in the Tweed case, Mr. Howe read an affidavit from James Delos Genter, the —-———___ Stokes juror who is ciarged with contempt of | Court. He denies that he acted in ea suspicious manner with one Clark as the Officer French s#Wwears; said Clark is his business partner. He denies that Clark ever whispered to him in presg- ence of the oficer, and says tiie conversation they had was purely on matters of business. He denies point-blank every one of the allegations.in the am- G@avit, and also that of erry Will and she other officer, Hunt, He says he was im the habét of sell- ing wine to Harry Hill, Reddy the Blacksmith and the other saloon keepers whose places he ‘visited m company with the officers; that bis visits were purely on Inatters of businers, and tnat he never conversed about the Stokes case with any one out- side the Court, and did not understand that he ‘Was restricted as to the 8 he was to visit, and Saure had no intention of acting in cantemptwf Mr. Howe then went on to say that, ff Center @rank more than he onght on these visits, Jt was not a wilful contempt of Court to take stimalants, He certainly came into Court next morning £0 full Possession Of his lacnities, and he certainly agreed With the other eleven jurors, or they wonld not have united on '@ verdict. Uounsel then read an emaayis from Center's partner, Warren Ulark, and im Alfred B. Goodin,ot No, 428 Broadway. He also = An aMdavit from Mrs. Seely, who accompanied, ¥ Toe Led is ila Hoase on a visit to her i. a Benier catiey ber ee, t in her presence Mrs, paper comments that he waa tavorabie to the de- nce, &c. French, who was present, said to Mrs. Center, “You are foolish; itis all newspaper talk. He never did anything wrong, He always acted as @ perfect genileman.” An additional stavement, written by Mr. Center, was also read, to the effect that on the drst poll of the jury SIX WERE FOR ACQUITTAL, =e that his vete at the last Was that of the other eleven. Assistant District Attorney Allen said if His Honor had amy doubt of the truth of Harry Hill’s and the other affidavits for the complaint he couid produce twenty witnesses in support. Mr. Howe said the defendant tet the matter re- spectfuilly—he was going to say abjectly—to the orcsete of the Court, denying any wiliul con- mpt. Judge Davis said if hts mind was in much doubt he would order the production and examination of witnesses. During the trial, in view of the long continement of the jurors in a close atmosphere, he allowed them, in company with ofticers, either in a body or single with an officer, to take @ walk, and only to take a walk. In some instances he gave jurors permission to visit their homes for the purpose of changing their apparel, and he allowed another to visi his iather. Mr. Center came to the Bench and stated he bad im- portant business to be attended to, and he got per- Mission to visit his place of business in company With the officer, Hunt, and then return, but he gave no intimation that he was to visit the places Ramed in the affidavits. Soon after this iniorma- tion came to the Court that the juror had been vis- iting improper places, and on the officer admitting that they visited those places, that officer was re- moved from attendance on the jurors. Notwith- standing this, the visits were continued i com- pany with another officer, Nothing could be more improper than visits by a juror, on such a trial, to disreputable places, as they are conceded to be— Hil’s dancing saloon, and taking drink in the place 01 a man called Reddy the Biacksmith, NO WONDER THE COMMUNITY WERS APPALLED at the idea of such things happening, and nothing could be more calculated to Kar the administra- tion of justice into disrepute. Looking over the aMidayits, His Honor could see in them no denial of the allegation that the juror visited the places named, Whatever Mull’s character may be, he de- | serves @ meed gf praise for paving, in the interests of the people, made affidavit that enabled the Court to take hold of this matter, It was not cou- ceivable why he should mi Such a statement against a customer unless it was true, On the other hand, the man who could, while juror in such a case, visit such places consecutive nights, was capable of conversing about the case. Judge Davis then said:—"It is my duty to con- viet Mr, Center of WILFUL CONTEMPT OF COURT in violating the directions in respect to the jurors being kept together, except Where special permis- sion was given, andon the ground that he con- versed improperly about the case with parties not connected with it. The sentence ig that he be imprisoned in the County Jail for a period ot THIRTY DAYS AND PAY A FINE OF TWO HUNDRED AND FIFTY DOLLARS, and to stand committed until the fine is pald, fora period not exceeding thirty days aiter the other term,” BUSINESS IN THE OTHER COURTS. UNITED STATES CIRCUIT COURT. “Prospective Protests’=—A Law of Con. Bress Judicially Construed for the First Time—Important Decision by Judge Woodruff. Not long since there was tried before Judge Woodruff the case of Sigmund Uliman against Thomas Murpby, ex-Collecter of this port. The | action wae brought to recover for an alleged excess of duties paid under protest on an impor- ation of goods. The facts submitted to the Judge appear to have been these:—The goods were im- ported and entered for warehousing on the 1st of January, 1871, The amount of duties demanded | by the Collector was liquidated on the Ist of February, 1871. ‘The plaintif,on the 20th of June, 1871, paid the duties demanded, A previous importation of the same goods was entered in December 10, 1870, and the plaintiff paid the duties at the same rate. He filed a prot the same time, and attached to it the words intend this protest to apply to all future similar importations made by me." Counsel for the plain- , Mr. Sidney Webster, argued that the notice | thas given was “a sufficient or continuing no- | ** that it applied to ail like goods imported by | Mr. Ullman, and came up to the requirements ot | the acts of Congress which made a protest ne | 8 for the purpose of entitling the importer to | take an action for the recovery of money erro- neously or wrongfully exacted by the Collector. Mr. Simons, United States Assistant District At- torney, contended that a prospective protest of this character, under the act of 1864, was not suf- ficient, and that, therefore, the plainti could not maintain his action. Judge Woodrafl yesterday rendered his decision on the above question. He hoids that the present case arises under the act of 1364, the fourteenth section of which deciares:—“That on the entry ot any vessel or of any goods” the “decision of the Coliector of Customs at the port of importation and cntry as to the rate and amount of duties to | be paid on the tonnage of such vessel or on such goods” “shail be final against all persons interested | therein, unless the owner” “shail, within ten days alter the ascertainment and liquidation o! the duties,’ “give notice, in writing, to the Collector | on each entry, if dissatisfied with his decision, | setting forth therein distinctly and specifically the | grounds of his objection thereto.” “This act,” observes Judge Woodruff, ‘has not heretojore been under judicial consideration, and Iam now called upon for the first time to give an Opinion of its meaning with reference to a prospec- - tive or continuing protest. The act requires that the notice of protest shall be given ‘on each entry.’ Whether these words were inserted in view of the difference between the construction given to the previous laws by the Court in this dis- trict, [do not Know; but they are significant woras, | and by sound rules of interpretation I must assume that they have a meaning. and that Con- | gress intended that meaning. My conclusion, that under the act of 1864 such prospective or con- | tinuing protests a3 to future importations are not valid and effective, and that the protest in this case does not satisly the statute, requires, accord- ing to the stipulation made by the parties, that the jury render 4 verdict tor the defendant.” The Rights of Citizens in Times of War—The Case of Britton ws. General Benjamin F, Batler—Judgment for the Defendant. Yesterday Judge Woodruff delivered his opinion in the case of William A, Britton vs. General Ben- jamin F. Butler. The particulars of this case have been recently fully reported in the HeRaLp, It appeared that when General Butler was in com- mand of the Department of the Gulf a person was seized by the Union picket, near New Orleans, | while making his way there trom Confederate ter- | ritory. In lds possession were found checks to the amount of about $15,000, which were drawn by a firm in Natchez, Miss., upon @ house in New Or- leans, The checks were seized by order of General Butler, and the amount of them, which he received at the Citizens’ Bank, was turned over to tne | government. The defendant brought suit against | the General to recover the amount of the drafts, | The General put in @ defence, claiming that in What he did in regard to the checks in question he Was protected by the war proclamations of the | President and by the operation ot martial law then in existence. Judge Woodruff, in his decision, Says that itis motclaimed in this case that the firm of William A. Britton & Co., of Natchez, had any special deposit in the Citizens’ Bank of New Orieans which could be identified ag their money. At most, if any money received by that bank stood to their credit as a deposit subject to drait in the ordinary course of business that made them creditors of tie bank and the bank their debtors, It was conceded, on the trial, that in April, 1861, the firm of W. A. Britton & Co., then composed of the piaintif® and Audley ©, Britton and G. W. Koontz, Was dissolved by war and the departure of the | plaintiff from Natchez, then within the territory of } the rebels, the other two of the partners still re- maining at Natchez. The check mentioned in the | pleadings Was drawn, not on the plaintif, out by his Said lormer partners at Natchez, and for the | purpose of availing themselves within rebel terri- tory of ng or credit Which they bad with the said bank. If, a8 the plaintif insists, such receipt of the money Was without authority or right, and it be conceded that the plaintu can, as matter of law, treat the money thus received by the defendant as his identical money, received py the defendant to the plain- uns use, then the act of the defendant was plainly a wrong done by the defendant by vir- | tue and under color of his authority as Major Gen- eral ot th 1 Stats assigned to the command Of the fo at New Orleans, within section 7, of the act of March 3, 1863, and as such is within the | imitation of two years, Within which after such | Wrong the action shouid have been brought, Tue | plain tut cannot by the mere form of his action do away with the statute which was intended to pro- tect the officers of the government against suits | oF actions im any iorm for the alleged wrong un- | les# brought within the time limited. The action Was hot commenced until June 6, 1865. Judgment must be directed for the defendant, The District Attorney and Mr. John E Deviin ior the de- = General Butler; Mr. Wheeler for the plain- Action Upon a Distiller’s Bond=An Ob- stinate Juror, Before Judge Woodran, The United States va. Charles Deviin.—The United States brought an action againet Mr. Deviin Upon 4 distiller’s bond, executed by Mr. Devlin, ag one of the sureties, in October, 1868. The proot of ‘the formal execution of the bond and that the prin- . ¢tpal had failed to pay the taxes for the months of November and December, 1868, and July, 1869, ganounting to over $4,000, was made, 4, if ‘ihe detence, which was conducted by ex-Judge Cardozo, proved by Mr. Deviin and Mr. Jovit Batler, also a surety on the bond, that the applica tion to him was to execute @ bond as surety tor id's attention ty the news J Jobo Cy Ia/jman; cuat .or that purpose he atended NEW YORK at the oMfce of Mr. Franktin, th the Ninth district, and sig.ed a bon the understanding that it was to be fitied up with ‘the name oi Mr, Taliman as principal; that Mr. Deviim agreed to be that atterward the bond was filled up tn the name of one Thomas Butler a8 principal. Mr. Allen, the notary before whom the bond was acknowledged, would not swear but that the bond was in blank when Mr. Devin acknowiedgd it; and Mr, Franklin, the assessor, had no recoliection of the condition of the paper when executed by Mr, Deviin, but re- membered periectly well that Mr. Taliman was understood to be the proprietor of the distillery 1D question, Ex-Judge Cardozo asked the Court to hold that upon the lacts shown the bond was not obligatory upon the government, The Judge left to the jury to aay whether the bona was executed in blank and leit with the &s- fessor with the understanding that the name of Tallman was to be inserted as principal, and charved that if that were so, and the name of Thomas Butler was afterwards and without Mr. Deviin’s aathority inserted on the bond, that Would be a fraud upon him and the government could not recover. | "rhe jury were discharged without rendering & verdict —11 being in favor of the defendant and 1 standing out for the government, The foreman stated in open court that there was no use of further consultation as one disenticut juror would not be convinced. UNITED STATES DISTRICT COURT. Proceedings in Bankruptey—A Contu- macious Witness Ordered to Produce Books and Papers. Yesterday Judge Blatchford rendered a decision inthe matter of William W. Hulsh, a bankrupt. This case has been before Register Williams. The assignee submitted his right to examine Daniel Adee as a witness to obtain information generally as to the estate of the bankrupt, and also in regard to his business boo':s, which appeared, from testi- mony taken in this cause, to in the possession of Adee, The latter rgiused to be sworn, upon the ground that he is a receiver and as such an officer of the Supreme Court of the State of New York, and therefore exempt and privileged from the proposed examimation under the sum- mons of the United States District Court. Mr. Samuel G. Courtney appeared betore the Register as attorney ior the assignee, and iusisted that Adee should be required to produce his books and apers ind be examined in relation to the same, he matter having been certified to, the Court, Judge Blatchford, decides that the witness must be sworn and submit to be examined under sec- tion 26, It mustdepend upon the course of the examination as to whether any books must be | produced. SUPREME COURT—CHAMBERS. Decisions. By Judge Barrett. In the Matter of the Application of E, T. Hol- brook et al.—Report confirmed and order granted. Galveston vs, McKinley, Matthews vs. Maher, Martins vs. Whipley, Germania Bank vs. Distier et al.—Motions grante King vs. Bedell. Proof of service defective, SUPERIOR COURT—SPECIAL TEAM. Decisions. By Judge Sedgwick. Barstens vs. Baldwin et al—Motion granted. Weiss vs- Hombu.—Order denying motion, with $10 costs, to abide event, Robinson vs. Kissam,—Order of reference. The Republic of Peru vs. Rees.—Order continuing injunction, COURT OF COMMON PLEAS--SPECIAL TERM. Decisions. By Judge Larremore, Schepp vs. Mittnacit, Carrajal ys. Bernstein, Baker vs. West.—Orders signed, ‘The People, &c., vs. BrenDan.—An order to show cause must first issue. In the Matter of the Petition of John J. Rep- plier.—See memorandum, Feiten vs, Hulsted.—Motion denied, without prej- udice to a renewal of additional affidavits, Post ys. Post.—Motion to vacate order of arrest denied, with costs. In the Matter of Reindskopf.—Application de- ied. x McCandless vs. Smith.—Motion granted by de- fault. Opdyke vs. Kennedy, Hoyt et al. vs. Kiernan, Dohrmann vs, Schroder, Hart ys. Wood.—Orders granted, By Judge Barbour. New York Life Insurance and ‘trust Company vs. Purssell et al,—Finding and judgmeut signed, By Judge Van Vorst. Dewey vs. Dewey.—See memorandum on file with the papers. Maillart and another vs, Harrington.—Order settled. By Judge Daly. The Sun Mutual Insurance Company vs. Tal- mage.—See opinion in Cierk’s oftice, SURROGATE'S COURT. A German Millionnaire’s Will Contested. Beiore Surrogate Robert C, Hutchings. Frederick Rollwagen, a formerly well known German democratic politician, who died a iew months ago, left to his heirs real estate in the Seventeenth wsrd valued at between $1,000,000 and $2,000,000, When his will was opened his three sons, who, with the seven children of his deceased daughter, considered themselves his sole heirs, 1ound to their dismay that their father, shortly prior to his death, had married his servant girl, Magdalena Selinger, a woman of forty-five, and had leit ner not only his fine residence, No, 312 East Ninth street, but also one-third of the rents and income of the whole es- tate; and had, besides, made her, his eldest son, Frederick RKoliwagen, and his two friends, Henry and George Herrmann, his executors, forbidding them strictly to sell any of his real estate during the lifetime of his wife and until the youngest of his seven grandchildren was twenty-one years of age. Yesterday, in the Surrogate’s Court, Malcolm Campbell, attorney at law, brought suit against this will, alleging that Frederick Rollwagen, the Senet Was of unsound mind when he signed the will. The witnesses to the will are Joseph Bellesheim, No. 12 Chambers street; Dr. Henry Goulden, No. 28 st Twenty-second street, and Joun Theisz, No. 331 East Ninth street, COURT OF GENERAL SESSiONS. Assault Upon a Little Girl, Before Judge Sutherland, Frederick Rudolph, who was indicted for com. Mitting an outrage upon a little girl namea Fitz- simmons, on the 24th of September, pleaded guilty to an attempt to commit an indecent assault, He Was sent to the State Prison for three years, Burglary. William Thompson, jointly indicted with three men, pleaded guilty to an attempt at burglary in the third degree, They were charged with break- ing into the premises of Pauline Rue, No, 228 West Thirty-seventh street, on the 9th of August, and Stealing four trunks containing ladies’ wear- ing apparel, valued at $2,000. Thompson was sent to the State Prison for two years and six months, A Daring Young Criminal Convicted of Stealing Diamond Rings from a Lady. Frederick Cartland, a young man, was tried and found guilty of grand larceny, Miss Annie E. Busteed, residing in Eighty-third street, testified that while she was passing through Twenty- seventh street on the afternoon of the 16th of August the prisoner snatched a pocketbook from her hand containing two diamond rings worth $400, two plain rings and $10 in money. She jursued him through several streets, but he jumped into a stage and escaped. Through the ef- forts of a detective the prisoner was arrested two weeks afterwards, and the rings, which he had | disposed of at Sparenberg’s pawn office, in Broome street, were recovered, The testimony of the wit- ness for the prosecution showed the guilt of Cart- Jand beyond the possibil ofa doubt, He was re- manded for sentence. ‘Three years ago he pleaded guilty to larceny in the Oyer ana Terminer, and, in consequence of his youth, judgment was sus- pended. TOMBS POLICE COURT. Before Judge Bixby. Shot in a Barroom Fight. John Costello, of Fourteenth street and avenue A, and Benjamin Mallory, of 52 New Chambers street, met each other about half-past three o'clock yesterday morning in alager beer saloon, No. 45 New Chambers street. Both of them nad been drinking freely, and a digpnte arose between them as to the ownership of some money which was lying on the counter. ‘ihe diseussion be- came very warm, and at last ended in @ personal altercation. Mallory drew a pistol from his ocket and, it is alleged, fired deliberately at Dostello, wounding him in the neck. Costello was taken to the Fourth precinct station house and irom thence to the Park Hospital, where his wound Was pronounced very serious. Mallory was taken betore Judge Bixby yesterday morning, by whom he was held to awalt the result of the wounded man’s injuries, The Child Kidnapping Case. Catherine Bowen, who was arrested on Tnesday by Detectives Terry and Heidelberg, charged with kidnapping a child, seven years of age, from No. 87 Franklin street, was taken before Judge Bixby yesterday morning. The prisoner had been ar- rested on a bench warrant issued by Judge Hogan @bout @ month ago, and was oni; dincovered alter @ long search. Susie Brown, the child, seemed very glad to get pack to her mother and plaintively told the Judge how she had been ene aged irom the place whe: rety tor Tallman only, Dut | her mother had placed | her to board by the woman Bowen, taken to West- chester county and kept there from the date of her abduction, waich was on the 18th of August She said that she had been frequently wry 4 this woman and had often to be taken to her motier, ‘The prisoner, on her examination, said she was forty-five years of age and a housekeeper in We chester county; that the chiid was herewn and was vorp in Boston. The child was given to Mrs, Susan Brown, and Mrs, Bowen was to bail in the sum of $2,000, HARLEM POLICE COURT, The Stabbing Affray in a Ball Room. Henry Voss was yesterday arraigned before Judge Smith, at the Harlem Police Court, by OMcer Tuohy, of the Nineteenth precinct. Voss, as al- Tready stated in the HERALD, stabbed Morris Sol- linger, who tives at 246 East Seventy-fourth street, inthe back during an affray ina ball room in Kast Filty-fourth street, on Monday night. Dr. Burtles gent to Court a certificate that the wounded man was in an extremely dangerous con- dition, and the accused was he'd to await the re- sult of Sollinger’s injuries, Seven witnesses to the stabbing were required to each furnish bail in the sum of $1,000 to appear when called upon. COURT CALENDARS—THIS DAY. SurreME CourT—Crncuit.—Part 1— Adjoarned until Monday. Part 2—Held by Judge Van Brunt.— Short causes—Nos, 1338, 1340, 1284, 1526, 2574, 2256, 2206 14, 2474, 2636, 052, 1556, 2078, 2634, 1772, 1458, 202 2808, 2834, 2846, 2000, 2920, 3012, 3022, 3024, 3046, 1766, 2606, 2710, 2806, 2898, 2912, 2964, 30003¢, 3008, 3058, 3104, 3120, Supreme Court—SprciaL TerM.—Adjourned un- til December. SUPREME COURT—GENERAL TERM.—Nos. 102, 103, Jes, 14, 100, 40, 161, 152, 154, 155, 166, 106634, , 114, 118, UPREME COURT—CHAMBERS—Held by Judge Barrett.—Nos, 20, 32, 47, 59, 61, 68, 67, 72, 87, 92, 95, 104, 106, 109, 110, 114, 116, 117, 125, 180, 121, 140, 149, 157, 35, 36, 37, 77. SUPERIOR CouRT—TRIAL TeRM—Part 1—Held by Judge Curtis.—Nos. 557, 661, 3434s, 789, 961, 709, 719, 735, 737, 739, 741, 743, 745, 615¢. Part 2—Held by Judge Van Vorst.—Nos. 772, 39033, 820, 608, 388, 472, 514, 610, 500, 370, 622, 626, 652, 790. Cour? OF COMMON PLEAS—TRIAL TERM—Part 1.— Nos, 2373, 1789, 1494, 2382, 2011, , 2245, 2424, 806, 2364, 2430, 3275, 1945, 1682, 68, 3397, 2260, 1973, 2324, 1617, 290, 332, 2077, 2193, 2265, 2348, 1912, 1551, 2029, 70, 2116, 2008, 2540, 2176, 2185, 39, Courr oF Common PLEAS—GENERAL TERM.—NOs, 139, 91, 143, 15, 56, 77, 83, 38, 133, 95, IL1A, 112, 114, 116, 118, 120, 124, 127, 131, 132, 736, 137, 155, Marine Covrt—Part 1—Held by Judge Joachim- SeN.—Nos, 3050, 2426, 3328, 2680, 1554, 2836, 2364, 27 2218, 3206, 2558, 2200, 3283, 3032, 2078, 2082, Part 2— Held by Judge Gross.—Nos, 2771, 3395, 2942, 2041, 16383, 2729, 3399, 2643, 2669, 2427, 2749, 2683, 2827, 2813 Part 3—Held by Judge Curtis,—Nos. 3538, 2512, 2773, 3405, 3582, 1922, 1990, 2284, 2501, 1517, 2519, 2673, 2688, 2736, 2867. CouRT OF GENERAL Srssions—Held by Judge Sutherland—Calendar tor Friday, November 5.—The People vs, George Reilly, alias Rat Reilly, felonious assault and battery; Same vs. Robert McCullum, felonious assault and battery; Same vs. Thomas Conroy, felonious assault and battery; Same vs. Walter Hill and Joun Carroll, larceny and receiving stolen goods; Same vs. Robert Saunders, grand larceny; Same vs. Join Grady, petit larceny ; Same vs. John J. Boyle, grand larceny; Same vs, William P. Ruds, embezzlement; Same vs. Herman Schwalin, embezzlement. BROOKLYN CCURTS. UNITED STATES DISTRICT COURT. Interesting to Seamen, Before Judge Benedict. Judge Benedict has decided that in all cases where sailors have been paid off and their wages settled before a United States Commissioner, said sailors shall be compelled to give security lor costs in livelling a vessel, This decision was caused by a question which arose during a case recently tried. SUPREME COURT—SPECIAL TERM. Decisions. By Judge Pratt. E. A. Bedell vs. C. W. Bedell.—Oral argument ordered for first Monday in December, 1873, H. E. Coleman vs. C. H. Weygart.—Motion granted so far as to allow $75. M. Gallagher vs, J. Alburtis.—Judgment for plain- tif. See opinion with Justice. The People vs. Bergen.—Stay, as far as taxes are ordered, to be paid for twenty days, to enable de- fendant to recover money as suggested by General Term; but no stay a4 to payment of fine imposed. Order to be settled before any Justice. B, Shaler vs. L. W. Alden.—Stenographer’s charge for summing up is not a proper charge. much of $231 as is for this to be stricken out; bal- ance allowed, bill to be retaxed before this Court, A. G. Jennings vs. H. P. Waring.—Motion denied; $10 costs, with leave to renew. See opinion with Justice. By Judge Tappen. Lomhold vs. Hulsart.—Reierred to J. C, Shep- pherd to compute. D. Burtis vs. G. C. Johnson.—Publication or- dered. U. G. White vs. G. Holdrich.—Stay vacated, $10 costs. In matter of petition of M, Cooley. Order for accounting. Hotchkiss ys. Bendall.—Adding parties as plain- tim, Matthews vs. Wells.—Amending summons. Clark vs. Bennott.—Motion to amend complaint denied. Costs to abide event. Continental Insurance Company vs. Telgen- hauer.—Referred to S. W. Sett to compute amount, Judgment to Sheriff to sell. Hamilton administrators Fireman’s Fund In- surance Company, consent to discontinuence. Silver vs, Lewi8.—Keferred to H. H. Perrine to commute. Van Nostrand vs. Churchi!l.—Sheriff to sell. Blanodt vs. Vols.—Judgment. Carey vs, Hyatt.—Referred to G. G. Barnard to compute. Mosier.—Judgment. Robert Carpenter vs. Cochrane to sell, By Judge Gilbert. 1n the Matter of Petition of B. G. Bradley.—Order amending title. Purdy vs. Sistare.—Opening default and ordering cause on Special Term calendar. Barnes vs. Ruchs,—Application granted, Snare vs. phar es ao amended, Dana vs. Waggoner.—Motion to increase judg- ment, 80 a8 to include assessment denied in costs, UNITED STATES SUPREME COURT. WASHINGTON, Novy. 6, 1873, No. 71. Northwestern Union Packet Company vs. McCue, Administratrtx of Patrick McCue.— Error to the Circuit Court for the Eastern District of Mis- souri.—This was an action to recover damages for the death of a husband through the alleged care- lJessness and negligence of the agents of the com- any employed in navigating the steampoat War eagle, on the Mississippi River, between Dubuque and St. Paul, The derence was that while the boat was lying at Prairie du Chien McCue was em- ployed for a short time to assist in carrying on and off freight, and that while so in the employ of the company he was killed by accident, and that these facts absolve the company from liability. The evi- dence showed that McCue had ceased to labor, and had gone on board for his pay; that, while leay- ing the boat, the gang piank was pulled from under his feet, and he was killed as the result, The Court left the facts to the jury, and they found for the plaintiff below. It is there con- tended that McCue was in the employ of the com- pany until he left the boat, and that this was a question of law for the Court to instruct the jury concerning, and (hat it was error to leave it to the jury a8 a question of fact, On the other hand, tt is claimed that when he ceased to labor McCue ceased to be an employé of the company; but if not, he was still entitled to recover—first, because one employé can recover of the principal or em- ved be! damages for injuries to his person resulting ‘om the negligence of another employé; and sec- ond, because McCue was engaged in a special se’ vice, and was not employed gts f with those through whose carelessness Ng. lost his life; and third, it is contended that the’Court properly sub- mitted the question whether the deceased was an employé or not to the jury. G. W. Lakin for plain- tuff in error; M. H. Carpenter for defendant. No, 68. Ratlway Passenger Insurance Company vs. Ketcham, Administrator—Error to the Circuit Court for Missouri.—This is a suit on @ railway insurance policy issued 12th March, 1867, at Her- man, Mo., to one Blatr, intestate of the defendant in error, lor $5,000, tor three days, Blair started for home (St. Joseph, Mo.) on @ train of that day, 48 Was shown On the trial, and, upon crossing tle Osage Bridge, stepped upon the platform and was seen to fall in Consequence of a sudden jerk of the car as it reached the bridge, It was also shown that no man could fall from the bridge into the river without losing his life, and that ts body would be diMeult to find on account of the drift wood under the bridge; also that he was never seen afterwards and that there were no causes for suicide, and that his hand bag was found at the western terminus of the road, On these facts the Court left it to the jury to say whether the fall oc- curred, and, if it did, whether it was an accident, and the jury found both questions in the affirma- tive. The company introduced no evidence, but, claiming that the facts did not warrant the con- clusion of the jury, appealed, relying upon the ex- ceptions taken to the ruling. They do not appear here, and the defendant insists that the writ of error was taken for delay and asks the penalty in such cases—ten per cent damages. Thompson, Pollard & Judson for deiendant; plaintil not ap- pearing. No, 72. Marray vs, United States—Appeal from the Circuit Court for Wisconsin.—The bark Mary Merritt was seized at Milwaukee for an alleged violation of the act of 1817 fostering free ‘rade with such nations as adopted a similar measure. The act provided that no importations shouid be made after September 30 of tnat year, except in vessels of the United States or in such for- eign vessels as wholly belong to tie citi- zens or subjects of the country of which the goods are the growth, production or manufacture, or from which the ean only be or most usually are first ped for transportation; provided that the regulation shall bot extend to the vessels of any foreign nanon Which has not adopted and which shali not adopt a similar regulation. A violation was punished by forfeiture. ‘The defence was that neither the British government nor the Dominion of Canada, from which the importations (lumber) were made, bad opens any regulation similar to that con- tained the section quoted; and that they were therefore within the proviso to the act. The Court sustained exceptions to this plea and also to one setting ‘orth that like trade and trame and importations had long been carried on Without molestation by the customs officers, and that the decree was for’a forfeiture. The vessel (built in Canada) at the time of the importations belonged to citizens of the United States, and, though semery owned by British subjects, became ie Froverty a subject of the realm finding te It is here insisted that the vessel was within the provigo, and that the ruling of the Court sus taining exceptions to this plea was error. W. J. Emmons for appellant; Attorne neral and Solicitor General ior government. us BOARD OF POLICE JUSTICES, ‘of the Naw Bout Yesterday— Meet! Preparations Made for Its Future Gov- ernment. The second meeting of the new Board of Police Justices was held yesterday, at noon,.in the Judges’ room of the Special Sessions, Judge Mor- gan in the chair, Atter the minutes of the previous meeting were read and adopted Judge Smith moved that a com- mittee of three be appointed by the Chair to pre- pare rules for the Board and report. The motion was seconded and carried, The Chair then appointed the following commit- tee :—Justices Smith, Sherwood and Kilbreth, Judge Murray then arose and said that on mak. ing the assignments the chair has forgotten to as- sign any Justices to Yorkville, Judge Morgan—Well, on account of the injunc- tion procurred by Judge Coulter, we thought it better to wait until the matter has been decided in the courts. Now, gentlemen, I wish to call your attention toa fact that is patent to all of you, and that is that the different police courts are in a very dirty condition and none of them have the comforts, appurtenances or requirements which are necessary lor the proper discharge of business, Judge Smith—The Court to which I am assigned in Hariem is damp and unhealthy, and the prison connected with it is in a very filthy condition, There is nostove in the court room and no coal, In signing the necessary papers 1 have been com- pelled to keep my overcoat and gloves on. I move that a committee of three be appointed to make an investigation into the condition of the different court rooms, and to wait upon the Comptroller and ask him to furnish the necessary supplies. Judge Flammer—A committee waited some time ago on the Comptrolier, and he promised io do what is sp eee Judge Smith—Well, there is a great deal of red tape about that office, and I think that a commit- tee had better wait on him again. The motion was carried and Judges Smith, Wan- oe and Kasmire were appointed as the com- mittee. Judge Murray—I move that as no assignment has et been made of Judge Wandell, that he shall sit in Special Sessions in place of Judge Otterbourg. The Chair said that it would be better to wait for @ few days until the question about Judge Coulter was settled. Judge Murray then withdrew his motion, Judge Flammer—We have no clerks at Essex Market, and we have pressed the interpreter into service as @ clerk. Mr, Dimond, one of the old clerks, has kindly offered his services, and it is necessary that some action should be taken in this matter immediately. Some little discussion took place, and, on motion of Judge Smith, the meeting adjourned subject to the call of the Chair. THE DOMAIN OF DEATH. The Terrible Two Months of Life in Shreveport. Mr. William Barnard, formerly of Cincinnati, and now manager of the Western Union Telegraph Company’s offices in New Orleans, came to this city yesterday, direct from Shreveport, La. He was there during the whole of the epidemic, and gives tothe HERALD the following account of the suiferings in that pestilence-ridden city :— Shreveport hes north and south along the Red River, and, before the days of the pestilence, num- bered 11,000 inhabitants. The fever broke out op August 28. It became an epidemic about Septem- ber 4, and 8,000 of the population at once left the city. Since that time Shreveport has been quarantined in every direction. Maila for Texas are lying there which should have gone forward two months ago. The lowest mortality on any day of twenty-four hours was three and the high- est thirty-six, Up to October 25 there had been 720 deaths. HOW THE FEVER CAME TO SHREVEPORT. The cause of the yellow fever epidemic is not at- tributable to the Red River raft. Not a single case of fever or any other sickness occurred among the 140 men employed by the United States govern- ment in removing this obstruction to the upper Red River navigation. This fact in itseif puts a quietuson the theory of several scientists. The causes of the fearful epidemic, after the appear- ance of the discase, are to be found in the filthy condition of the city andin the drying up of the swamps and morasses in the suburbs, producing the malaria. ‘The virulence of the contagion is directly attributable to the skinning of 200 car- casses Of dead cattle and their subsequent putre- Jaction on the river banks, about two miles below the city. A steamer loaded with cattle sunk at that place and the negroes towed the dead animals ashore, where, aiter being skinned, their carcasses were left to decompose, A southwest wind, which prevails during much of that season of the year, carried the stench which the burning sun created into the city. nis prepared the air for taking the infection, The first case of the fever, however, was brought from New Orleans; but, under the influences mentioned, it resolved itself into the most virulent typeof Mexican black vomit, The percentage of deaths at the most vio- Jens period of the pestilence was 95 out of every 100, Sixty per cent was about the average, but there were never jess than 40 deaths to every 100 persons attacked, HOW THE FEVER CAME TO THE INDIVIDUALS. The symptoms began with a violent pain in the head and shoulders. Heavy aches and numbness then attacked the bones inthe limbs. The fever then set in and the pulse rose to 120 to 140 per minute. The crisis of the disease arrived in about tnree days, When the fever left the patient; then, if the kidneys could be kept rignt, the case was a@ hopeful one. All of the deaths occurred either from black vomft, which 1s the complete putrefaction of the stomach, or from the entire sequestration of the urinary organs, There was hardly a case of the disease where the catheta did did not have to be resorted to. The period of the disease was in each case owing to the constitution ot cue patient—the strongest did not survive a week, THE MEDICAL TREATMENT. The treatment was simply a hot mustard bath, with castor oil as a cathartic, Calomel, the old Specific in this disease, was entirely discarded. ear killed @ great many. Reeovery in the best cases Was @ matter of coolness, constitution and good luck. The shortness of the supply of nurses prompted the organization of the Howard Associa- tion in Shreveport, Mr, L. R. Simmons being chosen President. The President of the Associa- tion in New Orleans, Mr, EB. F, Smith, came at once to Shreveport with nurses and physicians. The deaths among the nurses did not exceed five, The greatest mortality among any one sect was in the ranks of the Catholic clergy. They were very faithful in their ministrations on the sick and the dying. The Protestant ministers were equally fearless of death and just as indefatigable in the discharge of their sacred duty, The telegraph operators were the next heaviest sufferers in pro- portion to numbers, tour out of six falling victims to the terrible disease, THE FORM OF BURIAL, There was no such thing as funeral services at. the churches or at the graves. Every place of business was closed except the drug stores and liquor saloons. The churches were closed, The formalities of burial were very few. ‘Ihe deaths were vance to the Howard Association, which at once detailed workmen to dig the graves. The coMn was taken to the sidewalk tn iront of the house, The corpse was brought trom the house, put into the box and, after being closed up, the casket was placed in a wagon and driven ata gal- lop to tl remetery. There it was deposited beside the undug or only partially completed grave. The grave digger was left alone with the corpse and his own thoughts, He got the box into the grave as best he could. The cemetery, and especially the Potter's field, looks like @ battle Held with its newly made graves, HOW THE DISMAL DAYS PASSED. ‘here were no hearses to convey the bodies with some show of decorum to their last resting places. No mourners followed the corpse to the grave, Those who would have wished to go to the funeral of a iriend were required at the bedside of a dying wife or child, The .sick monopolized the attention of the living; the dead were regarded ag beyond all the nelp of love or affection, High and low, rich and poor, were buried alike, Whole families were swept out of existence—not & mem- ber left, There are 120 little orphans who have lost both father and motner, They will be raised by the State of Louisiana. ‘The fever virtually terminated on the 26th of October, when a heavy frost chilled the atmos. phere, and hy stiffening up the ground stopped the formation of the mataria, Regarding mysell I can only say that I never have had tae fever, and prior to going to Shreveport as @ volunteer I never had geen a case of the disease, THE NEW PARK THEATRE. The reason that Niblo’s Theatre continues to be 80 called is because Niblo bas nothing to do with ity So the Fifth Avenue Theatre ovtaias its name fromm the fact that tt is not in Fifth avenue, and the New “Park,’’ which Mr. Pursell is erecting on the core ner of Broadway and Twenty-secona street, ae th: no more connection with a “Park” ® man has with the godfather wh mame he bears, We paid an entra visit to this new building now in the condition of skeleton. The outlines of the theatre are visibleg and resemble the European rather than the Ameriy can system. The plans and designs of the theatr have been furnished by Mr. Boucicault, unde’ whose inspiration Mr. Diaper, the arch “| tect, 18 building the auditorium and Mrz) Schonberg is erecting the stage. The proe gress of the pbuilding was arrested @ fort night ago. During the absence of the ‘“masteg spirit of the English stage” the tiers of boxes had been put up, but on his arrival he ordered them all down again, He pronounced the lines of sight to be wrong, so the joists were ail withdrawn trom the walls like s0 many uneven teeth and regulated otherwise, iron columns were throwm out, others cut short, and a general “cussedness’* prevailed until things were inclined and settled down to the satisfaction of the aloresaid ‘master, spirit.” Mr. Boucicault’s design differs mae terially from that of any other thea- tre in the city. is proscenium = i® @ structure independent of the auditorium, Greek in order, and upon it is concentrated all the gilding and briiliancy of the house. The audito- rium is subdued, the white and gold prevailing im other theatres being eschewed, Instead of plas- tering the walls and painting them in distemper the decoration consists of satin laid on frames, or, as he would say in his own national vernacular, vhe walls are “papered with satin.” By a new’ system of lighting the jets o! gus are out of sights the walls are turrowed from bottom to top W'thy fines which carry oi the products of combustion and aid in ventilating the house. The ceiling seems to be quite a novelty. A large semi-circular orifice is provided in.the roof, Surrounded by a low white marble balustrade above this orifice a lidis suspended, covering its entire space. This: lid when raised a little admits a ventilation over, the entire ceiling, fifty feet across one way by twenty-four feet the other, When allowed to de-! scend it closes the Ventilation. The under side of this lid forms the ceiling, and is painted a cool, blue sky, treckled with stars, No new system o! stage machinery has been ad- mitted. The prompter occupies the position usual in the French theatres—facing the actors, and be-. side the leader of the orchestra, instead ol, as we enerally have him, at the side of the curtain, {here will be tweive private boxes on the prosce- nium, which may be turned into six double boxes by movable partitions. The two balconies and the parquet floor will be furnished with seats precisely simuar in comfort, no distinction whatever being made between one part of the house and another. The price of admission will be. uniiorm—$1; first come, first served. Mr. Bouct~ cault states that the form of proscemum he hag constructed is the result of many years o! experimental study, and he is confiden the slightest whisper uttered at the back of the stage will be plainly heard ali over the building. The frontage of the theatre is on Broad way, midway between Twenty-first and Twenty< second street; it is eighteen feet wide in the clears and being only thirty feet irom the auditorium i aflords the most immediate, ample and easy exit of any theatre in this metropolis. The situation i: unrivalled, being in the very heart of the city, an easily accessible from every quarter, To obviate the casualty of fire the workshopa of the carpenters, painters, gasmen, property men and all the magazines are not allowed in the} theatre, but are carried on outside in a factory’ devoted to their business, and every gasburner 1s protected, like a Davy lamp, with a wire gauze shield, *So much for the body of the Park Theatre, which will be under the general direction of iva lessee, Mr. William Stuart. The character of the en= tertainments will be comedy and comedy drama— what the French call “drame intime.”” Mr. Bouct- cault desires “to go for’? that large, quiet, re- spectable and domestic section of our community, whom, he thinks, require what he calls a family theatre, where the perfomances are expure gated and rendered free from objectionable subjects and dialogue—such a place of amusement as a mother of a family can allow her daughters to frequent with confidence, that they will hear nothing they may not repeat nor see anything they may not recall and converse about freely. All this promises well. There 18 room for such @ theatre; and if such promises be kept im good faith, we shall say, with Rip Van Winkle, “Here’s its good health and its family’s, and may it live long and prosper.” THE EMPLOYMENT SWINDLE, Four Hundred Dollars for a Responsible Position, with No Salary—Fifteen Dol= lars a Week That Was Never Paid—The Modus Operandi of the Cheat. On Wednesday Andrew Henry Wallen, of No. 401 West Nineteenth street, came before Judge Bixby and stated that he had been swindled out of $400 by a man named William Salem, of No. 1,269 Broadway, and asked for a warrant for bis arrest. According to the statement made to the Judge by Wallen, he had been the subject of a most infamous swindle by Salem. He said that, on the 18th of last August, an advertisement appeared in one of the German newspapers of this city for a man ta take charge of a store, Wallen answered the advertisement, and on the following day the son of Salem called on him at hia house and said that his father wanted to see him at his residence, No, 338 East Twenty-eighth street, Wallen proceeded thither that evening and saw an elegant mansion. He raug the bell and wae ushered into the parlor, MR, WILLIAM SALEM INTRODUCED HIMSELP to the applicant for the situation as a trustee and agent oi a shipping company and wanted a smart, energetic young man at his place of business, No. 1,269 Broadway. He wanted him to act ag collector of the house, whose collections would average about $1,200 a week. Salem told him incidentally that he owned the house No, 338 East Twenty-eighth street, and was agent of the Tivoll beer and did a large wine busi- ness at astore in Broadway; that he was agent of the Globe and Germania Insurance Company and was agent of the Norwegian and Southampton Steamship Company, and that, having so many re- sponsibilities, he would be compeliec to look om Wallen as a confidential clerk, and would re- quire $400 as security from him, Salem generous; agreed to give Wallen $15 @ week, and would ad- vance him as his services became more valuabie. Dazzled with this prospect Walien gave Salem $200 at this time, and received irom him the following veipti— Noe Avavst 18, 1873. Received from Mr. Andrew Henry Wallen the sum ot $200 security for the faithful performance of his duties and for the just accounting of all the moneys received by him on account of Shipping and Importing Companys said am unt to be ba hee gel) Lad Te uatnentne saad ys? ce in writing bei r 3 days! nouce METELING. AND IMPORTING COMPANY. By WILLIAM SALEM, Trustee and Agent. Wallen was duly installed as clerk at No. 1,269 Broadway, and had several conversations with his employer, in which Salem referred to houses and. lands owned by him on Staten Island and else- where, and the improvements he was making, so that Wallen became convinced of his great wealth, and on the 28d of August gave him $200 more, making $400 ty atl, which composed the full amount of his savings for two years. At the time that Salem received this money he promised Wallen a check on President Buckmeis- ter, of the Oriental Bank, and a note payable om demand for $200; but he never got the check, nor Was the note ever paid. Wallen went to work at No. 1,269 Broadway, an@ remained there for four weeks and three days, during which time he never received his pay, although demanding it severul times. At last, after a great deal of persistence, he received from Salem $65 and a notice of discharge. Wallen, the complainant, says that during the time le was there @ man was discharged and another, named Henry Mann, employed at a salary of $10 a week, who gaye Saiein $100 security, and who has also made @ complaint. Wallen also aascrts that during the period of his employ he never saw any customers there except creditors and depnty marshais. Belore he lett he demanded the mouey deposited, but was rejused and told to sue for it 1n a civil court, He has institated a suit before Judge Wiliam Kane for $400, as well as the criminal suit before Jucge Bixby. On the above complaint Justice Bixby granted a warrant for the arrest of Saiem, Which was placed in the hands of Detective Hay, of the Twenty-sixthy precinct. Salem was found without dimeult; at his residence, and, on hearing of his arrest, sai he was too sick to leave the house at present, A police surgeon was brought there, who certified that he was too sick to be removed, and the oMcer remained in charge ofhim. He will probably be taken to the ‘Tombs to-day, or as soon as the police surgeon in question considers him ft to be removed, FIRE IN AVENUB A. A fire broke out yesterday in the basement of the building No. 34 avenue A, that caused a damage of about $1,500, The place was used a8 a second hand furniture store, and the stock was damaged to the extent of $900, Insured for $1,000 In the Seaman's American Insurance Company. George Grunewold, who occupied the first floor, suffered a loss of $100, Insured jor $1,500in the Republic. The building was injured to the extent of about $400, It belongs to F, B. Enring. Mr. Ethel, who occupied the main part of the house, was seriously injured in cndeavoring to pul out the fro