The New York Herald Newspaper, November 8, 1873, Page 11

=_——___ THE COURTS. ——_.___. The Ring Trials---Another Field Day Be- tween Counsel and the Court. ‘THE NEW POLICE JUSTICES, The Grinnell Bankruptoy—Blake Brothers & Oo. Allowed to Sell the Secu- rities on Their Hands, Un- der Oertain Conditions. We rofer to our law column, in which will be found a report of a decision rendered yesterday in ‘the United States District Court by Judge Blatch- ford in the Grinnell bankruptcy case. The Judge allows Blake Brothers & Co. to sell certain securi- Wes which had been placed in their hands as col- Saterals by Grinnell & Co., reserving, however, the rights which may be acquired by tue assignee who shall be appointed in the case. ‘ The argument of counsel on the constitutionality Of the appointment of the new Police Justices was resumed yesterday in the Common Pleas before Budge Larremore, but had not concluded at the pdjournment of the Court. In the United States District Court yesterday, before Judge Blatchford, the Judge, at the request of Judge Benedict, granted a writ of habeas corpus In the case of Edward Lange, who had been re- vently convicted in the United States Circuit Court Df appropriating mail bags to his own use, contrary ‘to the provisions of the act of Congress, Lange ‘was sentenced by Judge Benedict to a year’s im- prisonment and a fine of $200. ‘The application for the writ was grounded on the assertion that, under 4he law applicable to the case of the prisoner, he could not be sentenced to both imprisonment and fine, The writ is made returnable to-day before Judge Benedict. It was refused on Thursday by Judge Blatchford, as he had not then had an oppor- ‘unity of consulting with Judge Benedict, Yesterday Daniel O’Brien and James Kelly were charged, before Commissioner Betts, with having been caught in the act of breaking into the Post ‘OMmce of Piermont. They were helg to await the action of the Grand Jury. THE RING TRIALS, Another Fic}d Day Between Counsel and ‘ ¢he Court—The Statas of the Press on the Situation—Slow Progress in Ob- taining a Jury—Three Conditionally Accepted Yesterday. ‘She trial of the big “Boss” on the ‘big’ indict- ment pfdmises not only to be a protracted, but a very racy one. The Court and counsel have measured swords, taken their respective positions bu the ground, and have already commenced to exchange passes with each other. At the opening yesterday defendant's counsel suggested that the Court request the press to abstain from com- Menting on the trial during its progress. Judge @Davis made oa few comments upon the law governing this particular question, stating that ‘Lhe Court had only power to punish for any evi- Aently false statement of what might occur on ihe trial. A somewhat new departure was taken with veference to swearing jurors that are accepted, as pon motion of Assistant District Attorney Allen the swearing of the jurors will be delayed till after the twelve men are accepted, the right of peremp- tory challenge being reserved until the jury comes to be sworn. Yesterday, the third day of the Tweed trial, Dpened with not a single juror in the box and Mr. Orrell on the stand, who, having been examined on principal challenge, was now to be tried on chal- fenge to the favor. Mr. Bartlett, on the opening of the Court, sug- ron that the Court request, as it had on the pre- ious trial, the press to abstain from comments on the trial. The Court said that it was extremely proper that the press should abstain irom comments which might tend to the prejudice of either side Dn the trial, The Court had little power in the atter, yet the statute had preserved the power 0 the dourt to punish any evidently false staie- ment of what occurred, which was intentional false. He was not aware to what the counsel al- juded, the condition or his eyes having prevented bim from much reading. The counsel then proceeded to examine Mr. Orrell, and Mr. Fullerton asked that the evidence saken on the principal challenge he considered as taken on this, This Mr. Clinton declined, as the same permis- sion had been refused him on @ previous day. Mr. Fullerton thereupon called the court stenog- ‘apher, who took his statement, and after some fithie discussion (the Court ruling that the defence might show the state of the juror’s mind by any evidence), Mr. Tremain agreed to allow the copy of his notes to be read in place of taking the stenog- yapher’s notes, After some further evidence the ‘Court held him competent. JUDGE DAVIS AROUSED—HE THREATENS TO PUNISH. Judge Davis, having questioned the witness at considerable length as to hisstate of mind, decided that the juror was competent and the challenge not sustained, Mr. Bartlett, Sr.,, then got up, and made some ob- servations as Lo the state of the juror’s mind. Judge Davis—I cannot hear any further discus- sion after my decision, ‘oe Bartlett—Would Your Honor be kind enough ear— Judge Davis—Not after decision ; I won’t be kind enough to hear another word on that subject. Mr. Bartlett—Will you be kind enough to heara ‘word on another subject? Judge—What is it? Counsei—As Your Honor refuses to hear argu- ment alter decision, will you inform us, when the next juror is called, that you will hear agument be- dore decision? Judge Davis—Sit down! sit down! Counse!—Will Your Honor—. Judge Davis (reddening ana hammering away with his gavel)—Sit down! Counsel—Allow me to refer you to an authority. Judge Davis—What authority ? Counse!l—The authority of Chief Justice Chase. Judge Davis—Be cautious, sir, or I will reier you $0 a still later case. Counsel—I did not hear Your Honor. Judge Davis—Another repetition of that, or any- thing of that character, will Jali down upon you in @ way that may not be so pleasant, . _Mr. Orrell was then challenged peremptorily by the delence, William E. Lawrence and George Chase were set aside by the Court. Abraham Shotwell was per- Catt! challenged by the prosecution. George $8. Nicholas, No. 369 Lexington avenue; Lumas Ballard, No. 51 Pearl street, and Frederick A, Salis- bury, No. 181 Broadway, were set aside, THE FIRST JUROR, David Palmer, wine merchant, Was examined on the principal challenge and found competent, When it was understood that the challenge to tavor ‘would not be pressed the defence and the Court ordered him to be sworn. At this point ex-Judge Fullerton challenged the witness again, and asked Dim ff he had not, in that court room, expressed to a Mr. Carrington the opinion that all these men indicted for irauds were guilty. He replied in the negative. The Court fouad the challenge not true, and, at the request of Mr. Allen, the juror was ;sent to take bis seat in the box, without being sworn, The defence asked for time to send for witnesses, but the Court would not delay. The arrangement is that each juror shall take nis place in the box ‘unsworn until the twelve are completed, the rignt of peremptory challenge being reserved to each side until after the jury is sworn. Mr, Palmer re- sides at No. 62 Seventh street. Gilbert 8. Robertson and William Fletcher were examined and set aside. gentleman was not ‘aworn, His Honor gave permission to the juror “to be absent during recess, but advised him to be very cautious, and not to allow any one to speak to him about the trial, The Court then took a re- AFTER RECESS gome time was occupied with the drawing of anew panel for to-morrow by Mr. Gumbieton and fis ‘assistants, in presence of Judge Davis and sheriff Brennan, anly thirteen of the first panel called * being then in.reserve. Benjamin Howse Coffin, No, 133 Rast Fifty-ninth - Street, was set aside. ‘Adolph Opper, laces, No. 43 Walker street, was accepted as the second juror. Counsel asked what Was the gentleman’s name? Mr. Tremain—Opper. Counsel—I suspect you will have pepper when the twelve are completed. You remember that we had a Pepper before, Mr. Tremain (laughing)—All the pepper comes mgndge Davis smiled, avis smiled, Nicholas Demarest, stairbuilder, No. 127 West ‘Thirty-third street, had a general impression of the prisoner’s guilt or innocence. Q. Is It @ general Idea that there were frauds? A. J believe they were general frauds. Mr, Demarest was rejected. 4. W, Woligang Mack, of No. 106 West Forty-sixth street, F. L. Merrafeld and Charles T. Cook were set aside. ‘The Clerk next called Samuel Sinn. Counsel—Is it Sim? Mr. Tremain—No, but Sinn, Have you any ob- jection? Counsel—No, but it is related to your ide in the ninth degree, that’s all, ‘The witness, an importer of cloths, at No. 48 Lispenard street, was accepted as the third juror, Samuel Abraham, Evan Thompson Hoop and Samuel Mendil were set aside. Some few other jurors were cailed and did not answer. The panel being exhausted, the Court adjourned to half-past ten on Monday, Judge Davis cautioning the three menin the jury box to avoid holding any conversation on the subject of the trial. THE CASE OF THE NEW POLICE JUSTICES, Argument of Counsel For and Against the Constitutionality of Their Appoint- ment. The argument upon the constitutionality of the law under which the new Police Justices were appointed was resumed before Judge Larremore, in Court of Common Pleas, Part I, yesterday morning. Nelson J. Waterbury opened the proceedings by stating that he could not see anything in the vast aggregation of papers submitted by the plaintiff that can warrant him in bringing a suit in the nature of a writ quo warranto. ‘The question is, has the plaintif’s term of office been abridged by the Legislature, and was such act of the Legislature legal? If plaintif’s term ot office has been abridged by a legal act of the Legislature, then any action that can be brought in any Court will give the plaintiff no redress. If said act be unconstitutional, then a suit brought in the Supreme Court will sustain the plaintiff tn his pesition taken. Mr. Waterbury stated that it is only of recent date that persons have disputed the power and right of the Legisiature to abridge the terms of office of those elected to fill tnem, We all know Fernando Wood, und that he doesn’t give up anything very easily, yet the Legisiature shortened his term of office as Mayor of this city; and, though aoly defended by Mr. O’Conor, he was obliged to relinquish his ciaim. Mr. Waterbury followed closely the line of argu- ment adopted by Mr. Eaton yesterday, going back to the creation of the office of Special Justice of the Peace, and tracing the connection and changes undergone by that ofice till that of Police Justice was reacted, Mr. Waterbury, in closing, saia that the great point that he desired the Court to consider was that Mr. Coulter was not elected to, but counted into olfice by frandulcnt means. By the complaint the plaintiff claims that he was electea for a term of six years, ending at noon on the Ist of January, 1876; therelore bis term com- menced at noon on the Ist of January, 1870, The Court ot Appeals has decided tnat the judicial amendment took effect from and tncluded the whole oi that day. His term, therefore, did not commence until twelve hours after it took effect, and he did not come, even if he were—as he was not—a Justice of the Peace, within the provisions of the twenty-{ifth section, continuing in office Justices of the Peace when that amendment took Rae fx-Judge Porter followed with a very powerful argument of nearly two hours’duration, He com- menced by propounding the following questions :— 1. Are the ten justices Just selected criminal conspirators ? 2, Can they be convicted of such a crime with- outa jury, On a motion at Chambers, on allega- tions jounded on information or mere hearsay, from a petson unknown, against affidavits made on personal knowledge by those just endorsed by ihe municipal authorities as men of honor and in- egrity ¢ 3. Whether the only old Justice who was judi- cially charged by the late Attorney General with originally getting his office by false returns has, in virtue o1 that charge, a better ttle to the oflice than his eight associates. 4, Whether a Judge at Chambers can issue an in- junction forbidding officers to obey the express mandates of the statute ? 5. Whether an officer whose term, abridged by law, has ended, can by holding over give himself a title to continue in office, which will entitle him to the aid of a Court of Equity? 6. Whether a judge at Chambers can in such a case issue an injunction which the Court ot Errors (just thirty years ago) unanimously decided that the Chancellor had not the jurisdiction to do? 7, Whether there shall be a collision between the Court of Common Pieas and the law-making power, a co-ordinate department of the government, on the question of the constitutionaltty of a law under which nine of the defendants ate at present exer- cising exclusive criminal jurisdiction’ 8. Whether that law i8 unconstitutional; both grounds upon which the plaintiff? assails it have been decided adversely by Court of Appeals ? Mr. Porter then gave a review of the case pre- sented to Judge Robinson. It cited that the ae- fendants were treated as individuals and not as officers, in order that a false coloring might be given to their acts, and te convert rumored oficial conference into evidence of secret and criminal conspiracy. Plaintiff! now claims as a merit that he concealed the facts, and sued them as individ- uals, and under that pretext got an injunction against them personally, which compelled them ofucially to disobey the law ne concealed from the Court. The law under which defendants were ap- pointed is presumptive that the title of the office is with them. It is evidence more conclusive than the fraudulent certificate under which Coulter held. Fraudulent as it was that gave him title, and no Judge could restrain him by injunction from de- Manding the papers and taking his seat. Coulter is no more @ Justice, either de facto or de jure. hat are Coulter’s pretexts? One is that he has @ suit pending in the Supreme Court in which he needs protection, Has not that Court power to protecthim? Why does he come to the Common Pleas? Because he has a motive that he dare not avow. He wanted a Chambers order in a class of cases too familiar in that Court, but new in the Common Pleas, where the jurisdiction to exercise co-ordinate powers nas been but very recently conterred. All that re- mains to be litigated in the suit of Coulter in the Supreme Court is the costs and the right to the six years’ salary to be recovered in a subsequent ac- tion by Murray, with which the Attorney General has no concern. Coulter’s next prstext is that the Attorney General will not bring a quo warranto in his favor. The statement is ialsified by the oath of the At- torney General. Another pretext is that irrepa- rable Gamage will be caused to books and papers; but are they not public property, and is not Coul- ter merely a custodian of them? At two o’clock a recess of thirty minutes was taken, after which Judge Porter closed his argu- ment. Ex-Judge Smith will follow upon same question in behalf oi the appointees, THE GRINNELL BANKRUPTCY CASE. Judge Blatehford’s Order Allowing Blake Brothers & Co. to Sell the Se- curities in Their Hands Under Cer- tain Conditions and Reservations. Yesterday, in the United States District Court, Judge Biatchford rendered a decision in the matter of George Bird Grinnell and Joseph ©, Williams, bankrupts. Subjoined we give the principal por- tions of the decision :— This is a case of voluntary bankruptcy, the peti- tion in which was filed on the 15th of October, 1873. The formal adjudication was made on the next day. On the 9th of September, 1873, the firm of Blake Brothers & Co. loaned to the firm of George Bird Grinnell & Co. (a firm composed of the bank- rupts as general partner: a Of a special partner) the sum of $100,000, payable on demand, with simple interest, on a pledge and hypothecation of certain coliateral securities deposited with the former firm by the latter firm to secure the loan, the securities consisting of certain bonds an shares of stock, On the 18th of September, 1873, more shares of stock were addea, Some of the shares of stock have been sold and their proceeds applied towards the payment of the loan,and there 1s now due thereon 3 593 17, with inverest frem September 30, 1873, On the 16th of September, 1873, a turther loan was made of $25,000, payable on de- mand, on a pledge and hypothecation as collateral security of certain other shares of stock. No part of that loan has been repaid. On the 17th of Sep- tember, 1873, a further loan was made of $150,000, payable on demand, with simple interest, on a pledge and hypothecation, as collateral security, of certain other shares of stock and certain other bonds. On the 18th of pia 1873, more shares of stock were added, me of the shares of stock have been sold and the interest on some of the bonds has been collected and the proceeds ap- plied to the payment of the last named » and there {8 now due reo $108,781 84, with interest from October 4, 1873, On the 17th of September, ‘was made of $76,000, payable on demand, simple Interest, on a pledge and hypotnecetion, as collateral security, of certain other shares of stock. On the 18th of September, 1874, more shares Of stock were added. Some of the shares of stock have been sold and the proceeds applied towards the payment of the last-named i, and there is now due thereon $49,528, with interest trom tember 30, 1873. All the said securities, beg dd the shares of stock so deposited on the 18th of Septem- ber, 1873, were deposited simultaneously with the making of the loans, To further secure said loans and to cover any deficiency there m! be oneither oi them, after applying thereto the cific securi- ties on which it was made and specially relating to it, the borrowers, on or about the 18th of Septem- ber, 1873, depesited with and hypothecated to the lenders certain other shares of stock and certain other bonds, and on the 19th of September, 187 made a further pledge and hypothecation to an deposit with the lenders of certain other bonds. The securities not so sold are still held by the lenders, Each ofthe loans was made payable on demand and under an understanding and ee- Ment between the lenders and the borrowers that, in case of any default in paying the same on de- mand, the lenders wight immediately reimburge 1873, @ ‘further loan | with ; themselves to the amount due to them thereon by 4 sale of the collaterals given to secure it, On the zorh of September, 1873, the lenders demanded from the borrowers the payment of the amounts due on all of the loans, but none of them were paid. A petition is now presented to this Court by Blake Brothers & Co., setting forth the above facts, and further stating that they did not, at the time of the taking place of any uf the loregoing transac- tions, know or suspect or believe, and have not been informed, that the borrowing firm or either of its members were or was insolvent or in con- templation of tnsolvation, BE that bankruptcy pro- Ceedings were contempiated, or could properly be had by or against them; that they, during all of said times, and especially when the loans were negotiated, were in good standing and credit; that the petitioners Supposed, and had go reason to suppose, that they were entirely solvent and tree from embarrassment; that the first meeting of the creditors will not be held until the 14th of November, 1873; that the petitioners have duly proved the said indebtedness, as a debt with security, as above described, against the estate of the bankrupts; and that they deatre to sell the said securities, or 30 many of them as may be necessary for such purpose, and reimburse themselves therefrom for the amount of said indebtedness, and desire that the value of said securities may be ascertained by a sale to be made in such manner as this Court may direct. The peti- tioners pray that an order be made by this Court authorizing and empowering them to seil the said securities, Or so Many and such parts of them as may be necessary to be sold, in order to reimburse themselves the amount due to them ona count of said loans, and to make such sales at public auction in the city of New York, alter tnree days’ notice of the time and place by publication thereo! in such Pyg lad in the city as the Court may designate for that purpose, and after such other notice thereof and in such manner in other respects aa the Coart may direct. Notice of the presenting of the petition and of a motion for the order prayed for was served on the attorney for the bankrupts. They did not sppear on the motion, ‘The first meeting of creditors not Boviba best held no assignee in bankruptcy has as yet been appointed or elected, This is an application tothe Court to direct a Sale of the property, so a8 to ascertain its value, as between the pledgees ofit and the estate of the bankrupts, in order to arrive at a basis of deter- mining whether the piedgees will remain creditors Of the estate alter deducting such value from their debt, or whether sueh value will pay the debt and leave a surplus for the estate. After writing at considerable length upon the subject the Judge winds up by stating that an order may be entered that the petitioners may, notwithstanding the pendency of these proceedings, sell in any manner authorized by the terms of their contracts with the bankrupts, and by the laws of the State of New York, all the stocks and bonds remaining in their hands mentioned tn their petition, and may use and dispose of the proceeds of the stocks and bonds so soid as if they were their own, subject, however, to, and reserving the right and power of this Court to ascertain and liquidate the liens and specific claims o1 the peti- tioners On said securities or the proceeds thereol, and to marshal and dispose of such proceeds; but the order must provide that it is not to be con- Strued as adirection or as afiecting any of the rights of any assignee tn bankruptcy herein, and that It is made on condition that the petitioners file in this Court within two days after the future sale of any of said securities a sworn statement of the particulars of such sale. J. H. Choate tor the petitioners, BUSINESS IN THE OTHER COURTS. SUPREME COURT—CHAMBERS. Decisions. By Judge Barrett. Bruffetal vs. Security Insurance Company.—Ap- plication denied, Stevens vs, Foley.—Memorandum for counsel. Maxwell v*. Ogden.—Motion denied, By Judge Brady. Huston vs, Weber et al.—Memorandum for coun- sel, SUPERIOR COURT—SPECIAL TERM. Decisions. By Judge Sedgewick, Millard vs. The Rockland County Milk Associa- tion.—Motion granted. See opinion, Millbank and Another vs. Riggs and Another.—It does not sumMiciently appear that the defendants held any fiduciary relation to the pen what- ever was their relation to Biggs. Motion granted. Lewis and Another vs, Dever and Another.—Mo- tion denied. Rathbun vs. Ingersoll.—Motion denied, without costs (see opinion). Guidet vs. the Mayor, &c., of New York.—Case and exceptions ordered on file. Kronenthal et al. vs, Gruenewald,—Order re- ducing bail. Gardner vs. Cockerill et al., Bri vs. Wallace, Robinson vs. Monaghan, Rost vs. the Cayuga Lake Railroad Company, Sturm vs. Willtaais.—Orders granted, By Judge Van Vorst. Stewart vs. Orris et al.—Judgment for plaintift on demurrer, with liberty to defendant to answer on terms (see opinion). Haight vs. Moore et al.—Order settled. Carrere vs. Spofford et ail.—Order overruling de- murrer, with leave to, &c. Hewitt vs. Morris.—Order sustaining exceptions and granting a new trial. COURT OF COMMON PLEAS—SPECIAL TERM. Decisions. By Judge Larremore. Sibley vs, Ahern.—Order signed. In thé matter &c. of Therese Weise.—Order signed. Ayres vs. Kossner.—Examination of the creditor must be made before this application can be made. Young vs. Young.—Application granted. Bell vs. Wulfing.—Motion granted. nounsberry vs, Maguire.—See Davis vs. Scott 15th Abbot 127. vs Schmid vs. Koff.—Papers must be furnished. Vega vs. Regenberg.—Facts showing falsity of representation must be set forth. By Judge Loew. Stevens vs. Hastings.—Findings settled. The People &c. va. Gribbin et aL—I think the Motion should be granted. COURT OF GENERAL SESSIONS. Assaulting a Policeman. Before Judge Sutherland. The first case which Assistant District Attorney Russell presented to the jury yesterday was a charge of felonious assault preferred against ‘Thomas Conroy, by Officer Charles Hughes, of the Twenty-first precinct, on Sunday, the 19th of Octo- ber. Itappeared from the evidence that the oMcer was called to arrest @ man named McCabe, who had assaulted Henry Montz, the keeper of a lager beer saloon in East Thirty-fourth street, and that while conveying him to the station house he was followed by acrowd and beaten on the head with the oficer’s club. Tne jury rendered a verdict of assault and battery, and tie Judge sentenced him to the Penitentiary for one year. A Cashier of a Broadway Store Sent to the State Prison for Larceny. John J. Boyle, a young man of respectable con- nections, was tried and convicted of stealing $851 from Greig & Wilson, No. 771 Broaaway, for whom he acted as cashier, Boyle entered their employ on the 19th of December, 1872, and left upon the 26th of February. It was discovered that he had abstracted the above-named amount from the cash box, and left without giving any notice. He ‘was arrested in this city two weeks ago, and in a conversation with one of the clerks admitted that he stole $400. Witnesses were called to prove the good character of the youth, among whom was Mr. Peyton, a merchant in the Bowery, who said he discharged Boyle because he believed he was dis- honest. The jury rendered a verdict of guilty, and Judge Sutherland sentenced him to the State Prison for three years. Assault and Battery. Robert McCullum, who cut Bernard O'Connor, on the 19th of October, with a knife, in the shoul- der, pleaded guilty to assault and battery. Peni- tentiary for one year was the sentence. Acquittal. John Grady was tried upon a charge of stealing & $2 bill from the person of Jacob Kohler, at Wash- ington Market, on the 23d of August. ‘The evidence of guilt Was not conclusive, and the jury gave him the benefit of the doubt by rendering a verdict of not guilty. Sentences. Frederick Cartland, who was convicted early in the week of grand larceny, was brought up and sentenced to the State Prison for five years. William Carroll, found eal of receiving stolen 8, Was sent to the State Prison for two years and six months, George Jones, who pleaded guilty to an attempt at burgiary in the third degree, was sent to tie State Prison for two years. TOMBS POLICE COURT. Before Judge Bixby. Till-Tapping. Augustine W. Barney, of No. 206 Church street, on Thursday last detected aman named Francis Russell, of Madison street, in the act of stealing $30 from his money drawer. He neld Russell until the arrival of OMicer Sullivan, of the Third pre- cinct, Russell was held in $500 bail to answer. Lareeny Brought to Light. ‘On the 5th October Marcus Adler had stolen from his place of business an overcoat and fourteen gross of elastic braid. He has since been Kathie Goldwater, of No. 364 Hroume stron Mase ‘ti overooatigentiea by hia ‘ yal i. Waren was arrested and held in $1,000 ball to answer, Wolf's Watch. Yesterday morning 4 young man from the coun. try, named August Wolf, strolled into the concert saloon No, 167 Chatham street, and called for re- freshments, He was attended by Mary Jane Green, who was very affectionate towards him. Soon after leaving be missed his watch and chain, Mary Jane was held in $1,000 bail to answer, and August Was sent to the House of Detention, COURT CALENDARS—THIS DAY. MARINE CouRT—GkNERAL TRERM—Held by Judges Shea, Curtis and Joachimsen,—Boyd vs. Sege Ave vs. Ryan, Bennett vs. Rosent Clager vs. Lock, Van Inger vs. Lock, Miller Malloy, Hart vs. Conner, Clarkson vs. Van Cott. MABINE Co URT—SPECIAL [eRM—Held by Judges Groas and Joachimsen.—Main vs. Haas, Fleischaur vs. Wootge, Koehler vs, Haag, Cantine vs. Hyenga, Munroe et al. vs. Brown, ADMISSIONS TO THE BAR, Messrs, Edward Gilbert, Charles A. Jackson and William F. Kintzing, examiners recently appointed by the Justices of the Supreme Court to examine applicants for admission to the Bar, reported the following persons as qualified for admission:— Thomas A. Rogers, Joshua M. Fiero, Al tus A. Rich, Henry H. .Davis, Jumes Wiley, bert P. Haslow, William H. De Wolte, Theodore F. Hamil- ton, Charies J. Schampain, Charles S. Withington, John P. Schuchman, Thomas Kilvert, Thomas J. Kush, Walter T. Eliott, Franklin B, Lord, Michael C. Macinerney. The Committee on Character reported also fa- vorably on the above persons. Some of them were sworn ip yesterday in the Supreme Court, and the remainder will be sworn in next Tuesday, the day to which the Court stands adjourned. BROOKLYN COURTS. CITY COURT—SPECIAL TEAM, Mary. Treiber’s Breuch ot Promise Suit— Walking in the Park. An interesting suit for breach of promise of mar- riage, in which the plaintiff claims $20,000 dam- ages for her alleged wrongs, came up in the City Court, special term, before Judge Neilson. Coun- sellor Keady appeared for the plaintiff, Miss Mary Treiber, and on his motion Mr. Frederick ‘1. Treiber was appointed guardian ad litem for the purpose of prosecuting the suit. Both parties are respectably connected, and reside in the Eastern District of Brooklyn. Mr. Henry Grof, the detendant, is engaged in business with ‘his father, and, as alleged, entered into contract of marriage with the plaintiff in the month of July last, which contract he now refuses to fulfl. The summons and complaint were served on him by a deputy sherill a few days ago, aud the young man is now entangled in tue mesties of the law, The plaintiff isa little over twenty years of age and secks a Marriage with the defendant. ‘The complaint in this case set forth that the offer of marriage was made during a visit of the couple to Prospect Park last July, and that the offer was then and there accepted. Alter this the defendant continued bis attention to Miss Treiber, visited her at her house, gave her money to buy an engage- ment ring and @ “sparking”? ring and took her out to various places of pubiic resort. Furthermore, the engagement was made known to different parties. The defence is a general denial. Bertha Steinfeld’s Breach of Promise Suit—An Important Decision. Some time since Miss Bertha Steinfeld brought suit against Herman Levi for alleged breach of promise of marriage, and was awarded a verdict of $7,865. A motion was subsequently made for a new trial. Yesterday Judge Neilson rendered a decision granting a new trial, and in his opinion considered the maia points in this somewhat re- markable case. In the eourse of the opinton the Judge sald:— “Phe pleader in drawing the complaint seems to have been awwre that in counting upon a contract @ consideration for the promise should be alleged, but not that a general averment of mutual promises Was requisite and sufficient, or that the particular consideration stated must be meritorious. He proceeds therefore without that restraint which a knowledge of general Hiaiete he would have im- posed, and charges the defendant with having made a proposal and promise of marriage in con- sideration of illicit intercourse, Lhe entire con- sideration for the engagement is thus stated in the complaint, It is hardly necessary to state that a contract thus grossly immoral would not support the action, (1 Story Con., sections 457, 490, 541; 2 Para., Con., Sth ed., p. 68.) This objection raised, re- peated and urged in the trial, was overruled and exceptions taken. The learned presiding Judge applied the rule that where a contract is founded on two considerations, one of which is merely void, but not vicious, and the other good, the contract is binding to the extent of the good consideration, He ruled that ‘i, in fact, mutually concurrent promises to inarry were @ part of the considera- tion, the plaintiuY could recover,’ It does not seem to bave occurred to him that such arule would tend io legalize contracts for prostitution, or that the principle in view is never applied to an argument tainted with immorality. Courts of jus- tice will not aid the Illicit or corrupt arrangement, or sift out one part of it to save the other part. Where one part of the consideration is valid and the other malum in se the failure isentire. The maxim ex turpi contractu non oritur actis applies.’’ After referring to the. failure of an amendment made to the complaint to disturb the immoral character of the arrangement, Judge Neilson pro- ceeded to discuss the other objection toa recovery, which was ag to the breach ol the contract by tlie dofendant. The Judge said :—‘The parties did not meet nor hold any correspondence for some months prior to the action. There was no request or re- tusal to marry by either party. The defendant was absent from the city a portion of the time, but while here could have been put in default by request or notice, could have been found for that purpose as readily as he was when the summons was personally served. I think the instructions given to the jury in connection with this question may have been ‘misapprehended by them. A new trial must be granted. But that will be fruitiess tothe plainti’ unless the complaint can be re- formed and the objectionable matter expunged or properly placed, If the mutual promises prior to and separate from the immoral features of the transaction can be averread these features might be retained and the complaint be good. But as this pleading now stands it would not appear by the judgment roll that the plaintiff was entitied to recover; such a record would be unfit to go upon the flies of the Court. From the finding of the jury it cng that the plaintif? has been most cruelly abused, and with her child abandonea by tne defendant. In their view, with which, fiom the reading of the testimony, { concur, the defendant deserved con- demnation and punishment. 1 therefore interfere with the verdict with pain and reluctance,” STATE COURT OF APPEALS. ALBANY, N. Y,, Nov, 7, 1873. The Court of Appeals will convene in this city on Tuesday, November li. The following is the day calendar:—Nos, 284 (criminal), 65, 72, 77, 73, 74, 75 and 78, UNITED STATES SUPREME COURT. WASHINGTON, Nov, 7, 1873, No. 74. Steamship E. B. Souder vs. Pritchard, and No. 75, Same vs. Beatty et al.—Appeals from the Circuit Court for the Eastern District of New Yorr.— The steamer while on a voyage from Rio Janeiro to New York, in June, 1865, lost her screw, and was compelled to put into the port of Maranham, Brazil, where she obtained repairs to enable her to complete the voyage. The question is whether the funds which were advanced by Pritchard, Beatty and others to pay for the repairs were advanced on the credit of the ship or the personal credit of the owners. The Court below found that it was on the credit of the ship, and the decree was for the libeilants, and for gold. It is here insisted that there were no circumstances tending to show that the credit of the vessel was relied upon, \d that in any case the decree should have been simply for the amount due in such currency as the law provided, and could not properly be enforced in gold. It 1s also said that before the Itbellants attempted to enforce their claim the vessel had been sold and this lien was lost. © Donohue for appellants; W. W. Good- rich for Pritchard, and ©, Van Stanvoord for Beatty et al. No. 76. Philip and Solomons N, Nack.—Error to the Supreme Court of the District of Cotumbia.— Nack sued the plaintiffs in error for infringement of his patent for an inkstand hinge. The defence was no infringement; that the patent was ob- tained by false suggestio: that there was no patentable invention ‘described in Nack’s specifica- tious and claim, and that the extension of the patent was obtained 1 iy and fraudulently. ‘There was @ verdict and judgment for Nack for $500, The defendants moved for a new ti for InsuMcient evidence and for excessive damages. The motion Was overruled and, the General Term affirming the erate the same defence TS“ta- sisted upon here, RK. D. Mussey for piaimtifs in error; George W. Paschal for defendant, No, 77. New England Mutual Insurance Company vs. Detroit and Cleveland Steam Navigation Com- pany.—Appeal from the Circuit Court for the Northern District of Ohio.—In this case the District and Circuit courts heid that the District Court can- not, without voluntary general appearance by the respondent, obtain jurisdiction of @ suit im ad- miraity in personam brought against a corporation created by a State or power not within the district where the action was brought; and that, as it can- not obtain such jurisdiction, it has no power to issue or make effectual any attachment or other process tn the action, The appeal maintains that this ruling was an error, but the appellants file no brief and do not appeal by counsel. George B, Hibbard for respondent, No. 81, Brown et al. vs. Rapley.—Error to the Supreme Court for the District of Columbia.—In this case the only question is whether the property of defendants may be jawfully subjected to the NEW YORK HERALD, SATURDAY, NOVEMBER 8, 1873.—TRIPLE SHEET. lens of judgments pending motions for new 18 upon exceptions to the decisions of the Court at Speciat Term, taken at the time of trial, under the act of 1863, reorganizing the courts of the District. The question ts of local importance only, R, T, Sanrio ceeadan’ in error, maintains the al- @ question and J. Nathaniel Wilson the Degative: pen ANSE TRIAL OF THE DETECTIVES. Testimony of Mr. Da Costa and Mr. Judson Jarvis—The Custom House OM1- cer and Dr. Mosher on the Stand. The trialof Captain Irving and Detective Farley, which was adjourned on Thursday last, was con- tinued at Police Headquarters yesterday, Mr. Da Costa was the first witness put on the stand, He produced the affidavits of Detectives Fariey and Irving stating that they had not taken any property from McDonnell. The aMidavits were put in as evidence. Mr. Pierrepont then proposed to read the order of George McDconnell to Captain Irving and De- tective Farley, to deliver money, &c., alleged to have been received by them from nim. Mr. Hall objected to reading anything from George Mac- MeDonnell or any one eise, dated London or any Place else. He added that, while Mr. Da Costa Was a respectable lawyer, it would be establishing very bad precedent in the case of other police- men who may be brought to trial, where their opposing lawyers might be less conscientious, and might offer a forged letter purporting to be written by some person charging him with something, and which the Commissioners would be bound to re- ceive as evidence, Commissioner Gardner said that the letter was ruled out, it being irrelevant, Mr. Pierrepont noted an exception to the ruling. Mr. Da Costa then went onto state that at the time Irving and Farley cailed at his office he asked them for certain property which was claimed to have been taken frgpm George McDonnell, and which he named over, all of which was published on the day of the previous trial. Mr. Da Costa told the officers that he was Informed that $6,000 of the bonds had already been sold, and asked that the rest be given uptohim. Captain Irving denied having any property in his possession be- longing to the Bank of England or George McDon- nell, Farley also denied having any of the prop- erty named, r. William J. Dealy, the manager of the Western Union Telegraph Company's Cable Department, was called and examined yesterday regarding a telegraphic communication alleged to have been sent from McDonnell to Captain Irving. Mr. Hall objected on the ground that it was the rule of law to first ore that they had been written by a per- son, and then to prove its receipt. Tne objection Was not answered, but leit over for argument when all the Commissioners were present. Alter Stating in What manner copies of telegrams were preserved by the Telegraph Company, Mr. Dealy was excused, Mr. John E. Kennedy, Chief’Clerk in the United States Marshals’ Ofice, was next called, and proved the fact that ‘The’ Alien applied for permission to arrest McDonnell. Nothing new was elicited. Captain Irving and Mr. Farley, he said, had also asked ulm for permission to arrest the forger, Daniel G, Gillett, a Post Office clerk, was next called, but his evidence was held over @n the same Lae as that of Mr. Dealy, of the telegraph onlice. William Pinkerton, the private detective, was Sworn:—He said he had been sent to Havana to look after Bidwell, who, he believed, was a partner of McDonnell the forger; when he arrived in Ha- vana he found ‘his man” in Police Headquarters and captured some of his effects, which contained, among other things, letters addressed to nis wife and to Captain Irving, (The letters produced and left in charge of the omic OnETe Counsel ior the accused objected to the letters being submitted as evidence. J. H. Story, a well-dressed Custom House officer, next testified that he had been detailed to go down the Bay and watch for the steamer on which McDonnell was expected; when! went on board the steamer the captain told me that McDonnell had given @ handsome diamond ring to a youn; lady in the second cabin, and I afterwards learne that she had given it back to him; I sawa diamona ring on McDonueil’s finger when I went on board the steamer, but when! examined his effects on the pecs voat f did not notice the ring on his finger; r. Farley and McDonnell went into a stateroom together lor a Short time; do not know how long he stayed there; when If examined McDonnell’s effects I did not see any bonds or other United States securities; in bis pocketbook there were six diamonds—one of them nearly as large as my tiamb nail; he also had two watches and a bag of sovereigns: don’t know whether McDonnell was left in a stateroom on board the police boat alone or not; there was aregular Custom House oficer to search McDonnell and others on board; I was detailed {for the special duty of aceompanying the police officers on a special mission. Mr. Judson Jarvis, Order of Arrest Olerk of the Sheriff's office, was next called; be said he had an attachment te serve on the property of McDonnell for the amount of $490,000 in goid, and to perform this duty he wanted to go on board the steamer; I Went down the bay and waited two days for the ar- rival of the steamer; on the morning ol the 20th of March Iwas awakened by the poise Captain Irving made in dressing himself, he and [ being in the same room on board the police boat; when I got up! signified my intention of golng on board the steamer; Captain Irving satd I hud better re- main on board the Seneca until he made the arrest, and then he would signal me to come and attach the property; I told him I would go and make the arrest and attach the property at the same time; I told Dr. Mosher that 1 was a deputy sheriff and wanted to goon board; on that same morning I went on the Health boat, and when she steamed alongside the Thuringia Dr. Mosher, Mr. Farley, Mr. Irving and the Custom House oflicers went on board, and when I attempted to get on board I was prevented by Dr. Mosher, who stood on the gangway and said to the man on the boat, “Don’t let any one else come up here; there are too many here already ;”’ finally I got on board the boat and attached McDonnell’s property; when I got on board the steamer Irving seemed anxious tor me to go and see the lady to Wuom McDonnell had given the ring; I did not go, because I thought it Was a ‘Yob” to keep me away from McDonnell; I gave McDonnell back his stick, at the earnest solic- itatioa of either Mr. Farley or Mr. Irving. Dr. Mosher was the last witness examined, His testimony was unimportant only inasmuch as he flatly denied ali that Mr. Jarvis said in reference to nis naving told him that he was a Sheriff's otficer. The trial will be continued to-day, at ten o'clock, STEAM BOILER TESTS. The Boiler Experiments by the Govern- ment Commission at Sandy Hook Yes- terday—Failure of the Expected Dem- onstration—Two Boilers Ruptured. There was a very large attendance of gentlemen interested in steam boiler tests, at the govern- ment grounds at Sandy Hook yesterday, including the Chief Engineer of fhe navy, Mr. Loring, and his Assistant, Mr. Aston. The Commissioners present were General Smith, Captains Low, Copeland and Robinson. Two tests were made yesterday, one on an upright tubular boiler, tested for superheat at 760 degrees, as shown by the pyrometer, and a pressure of60 pounds. ‘his resulted in the collapse ofa flue ortube. This boiler had been tested by a hydrostatic pressure at 182 pounds. The nature of the experiment was a test of the theory of a sudden evaporation of am, by eated plates and low water, the result showing that the boiler was saved under these conditions by arupture, The other boiler was known asa lobster back boiler, used in the Christina, North River boat, about eight years ago, and weighed about twenty-five tons. “At a pressure of seventy pounds, the seam, which had been repaired by “goit patch,” was ruptured on the upper side of the shell. The experiment demonstrated that by a gradual pressure there would be a rupture at the Weakest point, and, asin the former experiment, the boiler would be saved from explosion by the collapse, There was some disappointment felt and expressed by those who went out to see a display of “fireworks” that there was no ascension of fragments of the large boiler; but the Commission was well satisfied with the result, inasmuch as they obtained material irom the experiments for the formation of @ judgment in rejerence to boiler expansion that is regarded very useful. It was conceded by the Commission that the invitation to witness the demonstration was a little too prema- ture and the consequence was that much ouey wae nece! ly occasioned by it and the time ani patience of the visitors was rather too severely taxed. The Commission will meet at Pittsburg on the 18th. Yesterday the weather was very un- propitious. Shorcly after noon the heavens were i eat 0 oe pa WEE, Const eat until m » ‘The party @ rough return vo; on board the Alexis, but justice Was done to iM stantial supper which the Commission provided for their guests. AN ALDERMAN'S BROTHER KILLED, Coroner Herrman yesterday commenced an in- vestigation into the circumstances connected with the ith of James Plunkett, brother of ex-Alder- man Plunkett, who died two or three weeks since in Roosevelt Hosyital from the effects of injuries received on the morning of the 24th of Septem- ber last. Deceased was a driver of Engine Com- ey 28, located in the upper part of the city. D running to @ fire the engine came in contact with several rocks near the corner of Fifty-ninth street and Sixth avenue, thus upsetting the engine, which pitched Mr, Plunkett off and he was run over. ‘The rocks had been blasted out by one of two con- tractors, but by whieh of them the highway bad beer left obstructed by the rocks did not appear from the testimony of the witnesses. In the ab- sence of witnesses to clear up the matter the ase was adjourned till next Mogday weeks nr JAPAN. American Diplomatic Represtrtation’ and the Postal Treaty—Fises] Hints for Use in Washington—Sweep of a Typhoon—Griet at Court—Executive Measures for Social Reform. YOKOHAMA, Oct. 7, 1878, Hon. John A. Bingham, of Ohio, recently appointed to the post of American Envoy Extraordinary sta Minister Plentpotentiary to Japan, vice Mr. De” Long, arrived here, with his wife and family, on the, 26th ult, Mr, Bingham is to have his inttoductery” audience of the Mikado to-day—at which time alae~ Mr, De Long will bid His Majesty farewéell—and wilt probably take charge of the Legatton to-morrow. Mr. De Long will leave Japan for America on the” Steamer of the 7th of next month. Thenew POSTAL TREATY between Japan and the United States ‘has beom- Published, and gives anything but satisfaction te” the foreign residents of Japan. The reasons for ais satisfaction are numerous, In the first place, am internal postal system has already been established, and people augur, from the manner in which this has been managed, a complete failure of a foreign maiiservice, A letter, posted at Yokahama, des- tined for Jeddo, a distance of about twenty mules, traversed by a railroad, will not reach its destéma- tion, ifit reach there at all,in less than six hours, A€ least twenty per cent of the letters and papers be- tween the two places are not delivered in less tham twenty-four hours,and about ten per cent never reach their destination atall. The telegraph sya tem, which is also entirely in the hands of the Japanese, is also frightfully mismanaged. I have had telegrams from Jeddo reach me twenty-four hours after being sent, apd never one in less than three hours, Besides this, the Japanese do not re- garda letter with that sacred feeling of noli me apes which prevails among people of Westerm nations, It would not bea crime for a man, espe- cially a government official, tocpen a letter ad- dressed to another person. Then, again, the price Of postage is raised from ten to fifteen certs. It ts claimed that aslong as the British and Unitea States governments are paying large subsidies te steamsoip lines and as long as the ex-territortal clause Is in force there is no necessity for a Japan- ese foreign postal service. {t 1s true, probably, thas neither the English nor American government is re- imbursed for the outlay, and that, therefore, either or both might be quite anxious to give up the control that they at present exercise over the carrying of the mails. THE INCOME tothe United States government could be legiti- mately increased at least twenty per cent. RA the present arrangement the Chatter Fold vs te the expenses of keeping up & post office in each open port of China and Japan, and the consuls ef those ports receive extra remuneration for acting as postmasters, The stamps are sent from America and are charged to the respective consuls in currency. They are dvld out here for Mexicans, a ditterence of at least twenty per cent, and in this port alone amounting to nearly $6,000 per annum, which amount now goes as a legitimate perquisite into the pockets of the consular authorities. But this is a matter between the American government and its officials. So far there has not been much cause to grumble as to the manner in which the post omfce aifairs have been administered. We now enjoy Panta eL ES and a tolerable degree of security in the receipt and delivery of mail matter, whieh I am afraid we shall not enjoy when the post office comes under the full control of Japanese officials, SEVERE STORM, Tne coast of Japan was visited the latter part of last month by @ very severe typhoon, which re- sulted in more or jess damage in all tne coast towns. In Yokohoma great damage was done to property, and several lives were lost in conse- quence Ofland slides that occurred after the storm, During the monthof September very heayy rains have fallen, exceeding by several inches the raim fall of any preceding year for ten ib aie ‘The rice crop will ‘most probably be consider- ably damaged throughout the country. DEATH IN THE ROYAL FAMILY, A “subsidiary” wile of the Mikado gave birth te @ still-born child on the 22d inst, which was burie@ with great pomp and ceremony on the 24th. It ts Btated that the death of the child was the result of the Incompetency of the Japanese physicians—s German having been cailed in to attend alter the mischief had been done. PROGRESS.- ~. On the 9th inst. the Mikado is to take part im the State opening of the Polytechnic school at Jeddo, LAW AND JUSTICE. Some ninety new ordinances have just been pub- Mshed by the Shiosho, or Department of Justice, mostly directed against minor offences. They are divided into two classes—namely, wilful and acci- dental offences, For the former the punishments are froma fine of irom fifty to seventy cents, in deiault of which the offender shall receive from tem to twenty blows. For the latter a fine of six te twelve cents or imprisonment for one or two days. Some of them show an improvement in social _mat- tera, as, for instance, prohibiting the sale of ob- scene pictures and the mixing of the sexes im public bath houses and vuigar exhibitions. Some, show a littie too much of parental inter- ference, such as prohibiting the tatooing of the body and preventing women from cutting their hair short. But altogether they will reform many little things that are now decided nuisances to foreigners. THE NEW STEAMSHIP CITY OF WACO. pts SARE cer ey The Latest Addition to the Galveston Line—Her Dimensions, Accommodations and Office: Messrs. C. H. Mallory & Co., have recently had completed for their Galveston line another large and magnificent steamship, the City of Wace. which it is designed soon to put upon the route of her future service. This steamship is now lying at the firms’ pier, No. 20 East River, and is well worth a visit, as in size, character of con- struction, motive power and appointments she 1s not excelled by any coasting steamer afloat. The City of Waco was constructed by the Del- aware River Iron Shipbuilding and Engine Works. at Chester, Pa., and more than the usual care has. been exercised that she should be complete im every department. Her hull ts of wrought irom plates double riveted, and otherwise strengthened and fastened so as to possess stability. Her dimensions are: 244 feet; length over all, 245 feet; breadth of bi 36 feet; depth of hold, 20 feet; draft of water, feet; tonnage, 1,486 tons, The motive poworof the City of Waco consists of engines of the com- pound type. the low pressure cylinder being 54 inches in diameter and the high pressure 30 inches in diameter, witha stroke of piston of 54 inehea. Steam is supplied from foar boilers, each 10; feet in diameter and 9 feet 6 inches in length, poasess- ing 8,300 square feet of fire surface and 120 square feet of grate surface. The. pro- peller is 13 feet in diameter and has s.piten of 20 feet. This department of the vessel is thoroughly suppited with all independent steam fire and blige pumps required for such a ren craft, and in everything else tending to and provisions against fire there has beena la’ outlay. The accommodations of the City of Waco. are of the pleasantest imaginable character. The saloon, which 1s 60 feet long, is finished in the most elaby orate and cheerful manner. The joiner work is of maple stiles and rails, with mahogany or ' and the paneis are of California red wood % French wainut; the pilasters are also.of Frencty walnut, with caps of white and go! The fas niture is walnut, upholstered with. plush. ae, pat ie era Mg = accommodation of passe: large and prettily finished tn solid walnut arte tain a the necessary toilet Lo ghee X ladies’ boudoir, aft the saloon and leading inta, te presents a comfortable place for ovowtng. must indeed be one of peculiar tagse t could not enjoy its pleasant seclusion. The officers’ quarters are large and prettily furnished, while the captain’s room on the upper deck is extremely commodio' its Astings. t strength am ‘Len, thon deme OOMPTROLLER'S DAILY REORIPTS. Comptroller Green reports the following amoa@pts. received by him yesterday in the treagury f/rom:— Taxes of 1873.... Arrears of water re AAEARS. BUREAU OF 4) beste an 187%. 10,008 nor Croton water rents of 18/3 and penalues. sce 1,879 AUREAU OF ENGINEER IN CHARGE OF SEWERS Pormits for connection with sewers, and drains.. ue From sale of Scotch r pipe “ May Licenses ana fines, a 7 Fees from Fifth Judicial District Court..... « Total. .scqacccsveceveeresececssvessarseoransars exe SITIOS PAYMENT OF LABORERS, Comptroller Green reports that he paid, througs his paymaster, Moor Falls, the laborers of the Department of Docks and a¢ the pipe yard te November 1, §10 72s