The New York Herald Newspaper, November 12, 1873, Page 5

Bullding Laborers and Their Employers. ileness in the City Departments for * Lack of Money. fhe Situation in Brooklyn arid Westchester. 80 far ae the bricklayers are concerned, the re- fmction of wages resolved upon by the Employing Masons’ Society has practically failed. At the ses- ton of the permanent committee of the General Sricklayer’s Council yesterday the HgRaLp re- verter was informed that Messrs. Smith & Prod- era, of the Telegraph Company’s job, took ona orce of society men yesterday morning at old rates. was announced that Mr. O’Brien, of the Tribune pb, will do the same this morning. Mr. Weber, who has several jobs up town, has also conceded ‘all wages to his bricklayers, and intends to com- mence work on a large brewery building vext week at Ninety-tnird street and Second ivenue, under the same terms. Mr. Calahan, too, ¢t the church, Madison avenue and Seventy-third treet, is paying the $4 rate. Not more than Jwenty-five bricklayers are now idle, in conse- qmence of the wages contest. Many times that ‘umber have nothing to do, by reason of the dul- seas which has characterized the building business during the entire year. LABORERS’ EMPLOYMENT, Excessive cost of building, which caused little sapital to be invested in new houses during the ‘ast season, is bearing heavily upon the hodcar- flere. Labor in tneir branch is superabundant, Many who shouid be fully employed in. assisting ‘® put up houses to accommodate our rapidiy M@ereasing population have been for week after week out of work. Now, as winter is approach- ing, with ita, increased demands for money, this industrious and worthy class encounters the attempt of the employers to cut down the wages with the disadvantage of the city overrun by men who are willing to work for any wages which will even partly supply them food and warmth during the cold season, Some of the employers have con- sented to pay the laborers the old rate of $2 50 per Bay, the resolution of the employers’ society to the toi notwithstanding. A few others, however, not acknowledge the hodcarriers to for the reasoning at the estimates 1g8 now erecting are based upon esti- of labor at tull rates, and tha’ erefore, deduction places each laborer’s half dollar in the contractor's Soaest when it should go to buy the hoacarrier coal. Non-society men brought the country compose tue large force laying foundations for the Delaware and Lackawanna Canal Company’s offices in Cortlandt street. Han, o2 per lay is paid to laborers on the Tribune Telegraph Oompany’s buildings and on several up town, The bosses, b such labor as offered, are Sas ays ied. jut the hod- parriers contend that fer certain portions of Coed lop, But whether this is effected or not laborers’ lodges adhere firmly to their tarif of es,and no society man will at present be al- to p Catt Leg sures ee on orure Teported at any 0: jobs visit ie reporter in his rounds yesterday. ‘ sce ety its Sete estan ban asl jeclin prices wwked by the employing tailors the work is very slack, and it is estimated that fully half the jour- seymen in the city have nothing to do, or, to state i® more accurately, that not more than hat employment is furnished to the trade, Hat- fers are not even 80 merally busy £ the tailors. Jewellers of the best cluss Wwe fine work to do, but the more common sorts are almost at a pause. Shirt, parasol and um- brella makers, mostly women, have next to “Bothing todo. Many other branches of trade are &@ very low ebb, and their operatives aré gecur- but the merest fraction of their usual wages this time ef the year. Seven hundred men ve been discharged by the Commissioner of biic Works within the week. A far larger num- » Who should be at work tor contractors on city rovements, are earni poeiea F Who shall the wheels in motion which shall give all these phe ee on oy sents iull work such ey may have no occa- t call for charitable relief ? __ EABOR TH ‘THB DEPARTMENTS, Demptrolier Green and the Working- men Who Are Out of Employment—A Strange State of Things. There are thousands of unemployed workingmen who have obtained a hard earned subsistence through their labors on the public works and im- provements of this city, and are now in danger of starvation from the mability of the Commissioner at Public Works, Mr. Van Nort, to obtain money trom Comptrolier Green. Mr. Van Nort stated to a HERALD reporter yester- flay that there were at present in the Department of Public Works about 2,300 men employed and ‘hat 700 had been discharged. He said that if the Comptroller would decide to approve of the sure- ties to the awards made and.sent to him tor \pproval some twelve or fourteen days ago, and on which he had asked for two post- gonements of five days each, which had been one all would be right, and 1,000 men be put to work at once on the sewers and hore & of streets and other improvements. after two postponements of five days each had olay the awards had ete been sent to Comp- ler Green on last Friday, and the entire work 4o be done in examination of the sureties could be perio im three or four hours, “yet not a word,” gaid Mr. Barker, the Chief Clerk of Mr, Van Nort, ‘had been heard from Mr. Green, while contractors, to whom vids had been warded, were calling on the Comptroller and begging of him to take a ly action in the matter in order to relieve © Mecessities of the laboring men. There is argent need of work to be done on city improve- ments. Mr. Van Nort declared that nothing can ‘on unless the Comptroller will approve of the ties and simplify the matter.” ‘There is work for 3,000 men immediately, if Green will but act in unison with the other members of the city forerament, in affording work which must even- be performed by the unemployed masses, A LD reporter called upon the Comptroller yesterday to endeavor to ascertain what that oMicial was ing “to do about’ approving the sureties on the awards which have been lying so men his possession without any decision having hours wiilding labor it is requisite to ve skill Bel vontion. the bosses to k down from re br and experience, In this view Bey, wen hope that wag SErzeS ” Bee come to by him. After waiting over two upon the conveniance of the “‘watch-dog of the treasury,” as he has been called—no donbt as & joke—Mr. Green asked the reporter in an ex- tremely harsh manner ‘‘what he was waiting for?” “I want to ask you what you intend to do about the «gare nde pt eh avers vag are waiting for your anpeoval on the awards our possession?” The Comptroller teplied :—~ 4 Po rd gir ve vga 3 45-9 yet.* ut aving » he walked off, declinin; further conversation. Small satisiaction 10 jenna) of hungry mouths. Av the door of the ity Chamberlain's office the reporter met with a score of hui and gaunt looking men who were ey wai! ing for the wages which they had sarned, but which were withheld from them by the Domptroller, for what reason is not known. eir piney were not loud but deep on the author of the lay. Twenty-two men have been put to work on Riverside Park and there is no change in the de- partments from the state uf things that were made iblic the day previous. The Dock Commissioners we discha! twenty men, but will make no reduction at present, as the lower piers on the River are in avery dangerous condition and will have yo be rebuilt very soon. A 80UP HOUSE TO BE OPENED. At @ special meeting of St. John’s Guild, held at sheir rooms, St. John’s chapel, last night, the fol- towing preample and resolutions were adopted :— reaped ved, Rr sent nancial difficulties have resulted istress among the paorer classes of the th wards, erefore, be it Guild make every effort in ferings of our (ellow citizens ae par ound Pari once an arick stre women and c! rom starvation this wintse” “opie tthe members of the Guild at once visit mM to food at at the citizens of N rovide means to enable aa to commones thie ‘ort ce thus sav ever’ ea mth fr ve elt res % aif round) in distress w ent ed EShes bove ved, Invited to Important money and sro- 0's Waal’ seso LABOR DEPRESSION IN BROOKLYN. What Is ediately. Subscriptions be nent to Kev. y be nent te Hey. Alvan id at the Mechanics and Traders’ Exchange. A representative of the Heranp visited the Mechanics and Traders’ Exchange, Fulton street, Mear the City Hall, Brooklyn, yesterday, for the Purpose of ascertaining the experience of the pro- ducers “op 'Chagge”’ conggrning the eect of the butiders, and as a matter of course, the journey- men mechanics of every sphere of the trade have experienced @ sad falling off in their wonted earn- ings. All this tends to make the situation more severely felt this fall, and leaves in great doubt the prospects of successfully put- ting over the winter, which cannot much longer be delayea. The action of the trade unions in keeping up the high tariff of wages has to a great extent, it is asserted, tended to bring about this stagnation in building interests, as those who owned lots in the city preferred to pay the taxes and bide their time rather than accede to the heavy demands of workmen. Now the employers are heard often to say to the distressed mechanics, “I told you how it would end, but you would not heed.” BRICKLAYERS, The bricklayers are one of the strongest trade organizations in Brooklyn, They have two unions and number about 600 men, They have a good treasury and do not purpose succumbing to any re- duction in the prices of their labor, despite the inconvenience to which they are subjected by the present stagnation. The wages paid 18 about $4 r day. Ivis estimated that not more than half eir number—300—are at work at this time, Em- Benes in bricklaying cannot be continued many lays longer. ff? CARPENT! ERB. The carpenters, who are the strongest, numert- cally speaking, of the trade organizations, find work for about half their number. They are 800 strong. The wages paid average $3 50 per day. ‘The lumber business 1s also excessively dull, and but little hope is entertained of any improvement until the “springtime comes,” Under this heaa may be classed the stair buliders, a numerous body ol men, whose. situation 1s parallel with that of their fellow craftsmen, PLASTERERS, “1 have not experienced such times in my bust- ness in twenty, ay, thirty years’ residence in this clty, sir,” remarked a venerable “boss” plasterer to the writer, “We have twenty bosses and about 400 journeymen plasterers in our trade unions, and there are not more than 150 men at work here now. The wages paid is $4 per day, but it has been &@ poor year Jor us all, There can be no hope of work until the spring for our trade. Except in places where hot air can be had plasterers cannot work in cold weather,”” STONE CUTTERS. “As for the stone cutters’ trade,” remarked a man on ’Change, “it has been excessively dull this year. There are about 300 members o/ the ‘union,’ and they earn, when at work by piece, about $4 50 per day. I don’t know how we will provide for our families this winter, unless we find some other work, which is not a very cheering prospect.”” MARBLE CUTTRES, This trade numbers about 250 men. They also feel the “‘hard pan” basis of the times, but not so generally as some of the other trades, They re- ceive $3 per day, and can work in-doors in inclem- ent weather, PLUMBERS, The Plumbers and Gas Fitters’ Union number about 400 in this city. They earn from $3 to $4 per day. The prospect does not seem so bad for them this season as for others, as pipes will be getting out of order in the frosty weather and repairs must be done which will keep hundreds of hands busy. Plumbers consequently ieel @ little more gonncent than other divisions of the grand army of labor. . ADDITIONAL REDUCTIONS OF LABOR AND PAY, The Knickerbocker Ice Company have discharged Lets a men and reduced the wages to $10 60 per week, Fulton Iron Foundry, No. 21 Farman street, have reduced the force from mnetr e. poreeaxe men. Appleton & Co., book publishers, Kent avenue, have reduced their working hours to “three- quarter tm>.’’ There are 600 peopie employed. Campbell press work L tat Hewes street, E. D., have reduced their force from 100 to 50, and these latter are working ‘half time? The glass wofks on Smita street, \car Hamilton avenue, employ about 200 men anu boys, but have put them on ‘half ume.’ The South Brooklyn Steam Print.ug Mill, corner of Carroll and Nevins street, which nti) within the past jew days kept fifty men anit boys at work, earning from $5 to $20 a week, his cloged for the season. The machine shop of W. C. Boone, Nos. 24 to 28 Humboldt street, which while in full Bower fe) it forty men busy, has now reduced the force to thir- teen hands, and the time to “thre wages of machinists av MOROOOS IBHERR, The morocco finishers’ establishment of J. 8. Rockwell & Co., Flushi plagson avenue, bas reduced thelr force fink $50 to 300, and yeater day commenced working on three-quarter time. The wages range from to $20per week. When in full operation the weekly pay roll is $3,000, Eenhart & Co., the same sort of work, also on Flushing avenue, has closed, being unable to pro- ceed for the present, owing to the “shrinkage.” ‘The Halpine morocco finishing shop, near Wal- roe street, ia running witn only four men em- joyed. cf The Dwight Morocco Works, near Sanford street, on Flushing avenue, have reduced the force two- thirds. MARTIN & FAY'S STOREHOUSES, ‘The above large storehouses, eight in number, on Furman street, near Fulton, when fall give em- ployment to 100 men. They are now empty or par- Ually so. The chief cause of the depression in business at tnese stores lies in the fact that the State line of European steamers have left the docks in front of the stores and have gone to Ho- boken, as the ferriage across ‘the East River is so much in excess of the rates acrogs the North River, The Hoboken Ferry Company has reduced the ferriage as an inducement to bring the steam- ers to the New Jersey side and help to advance the interests of Hoboken. The Union Ferry Company steadily refused to reduce the rates of ferriage to Brooklyn, and the State Line Company left Brook- lyn in consequence of this ill-advised parsimony. Those splendid docks in front of the stores in qnes- tion therefore remain idle for the present. uarters.” The about $25 per week, Brooklyn Public Works Cenference. There was a conference of the Special Committee of the Board of Aldermen appointed to confer with the Mayor, Comptroller and Commissioners of City Works, with regard to the labor relief resolutions held yesterday. A general discussion was had touching the proper basis of proceeding with the question of employment and expenditure, during which it was said that a reduction should be made in the price of labor, so that the greatest good might be done to the greatest number. The result of “the talk” was that Aldermen O’Riely, oj the ‘Tweltth ward, and Ropes, of the Third ward, were appointed a committee to consult with the Board of City Works in reference to transterring the balance of the’sewer account to the street repair- ing fund. The hundreds of discharged working men stood about the steps of the City Hall the “live long day,’ discussing the prospect and anxiously awaiting the result of the deliberations of the officials. The probability is that they will be set to work to-day, should the Conterence Com- mittee succeed in making the arrangements which they anticipate, THE CRISIS IN WESTCHESTER. A Gloomy Prospect Looming Up for the Working Classes—Three Thousand Fac- tory Operatives Idle at Yonkers—Effect of the Panic at Sing Sing Prison—Gen- eral Symptoms of an Approaching La- bor Famine. The past week has done much towards precipi- tating “hard times’ among the factory operatives and other artisans in various portions of West- chester county. Especially is this blighting result of the recent financial panic observable at Yon- kers, where are centred three-fourths of the man- ufacturing interests of the entire country. Out of the 6,000 persons, young and old, employed in the manufactories and workshops at tnat place, a careful estimate places three-fifths of that number at present out of employment and without much that is encouraging to look forward to during the dreary winter months, Some of the factories have almost entirely suspended operations, while the remainder, without @ solitary exception, have been compelled to effect a reduction in either time or wages, besides cutting down their force numer- ically to skeleton proportions, HARD TIMES FOR THR HATTERS. The Waring Manufacturing Company, hat makers, usually employing about 700 operatives, after @ total suspension of two weeks, resumed work yesterday with less than half their force, the wages of many among these having been reduced nearly ten per cent. Even with their present circumscribed operations, this company will not continue to run their mill longer than per- haps a couple of weeks, When, as is their annual custom, they will close again ior a month, in order to take stock, repair machinery, &c. Whether they will be able to resume work with the advent of the new year must altogether depend upon the condition of the money market, THE SILK TRADE SUFFERING, At the silk manufactory of Geo: B. Skinner & Co, @ similar depression in trade is apparent, This company has heretofore given employment to about 20 persons, their trade being so un- usually steady that they were enabled to comfortably tide over the financial storms of 67 and ‘61 without the reduction of a unit in their working force. They have had to succumb, however, in a measure, to the present disordered State of the finances, and have for the past Wooks been ruaning on slxec-quarters time and and consequent penury, In this tactory no reduc- non oftins or wages as been made, and during & couversation with the writer, one of the firm ex- préased himself hopefully of contin! as they are now all the winter, stave of the money market should. become worse than It is at present. OTHER INDICATIONS OF DEPRESSION. Alexander Smith & Sona, carpet manufacturers, employing about 600 men and. women, boys an , have reduced the wages of their operatives 0 per cent, commencing on Monday, and, it is piece work, which supplied the hat factories, have been com- pelied to stop work, thus throwing a number of women, boys and girls out of employment. Among the carpenters gash and biind makers lve work 18 being done, while tne idle artisaus stand- ingin groups on the corners lend a holiday ap- pearance to the streets. AT SING SING AND ELSEWHERE. Other places along the Hudson as well as on the eastern side of the county are also commencing to Lee ye A tng Bu the — set ic. In the village of Si @ number o fe been from fhe arcade File Works, le the few at present employed are working only about half time. At the State Prison some fifteen or twenty foremen in the shoe department have had their wages reduced twenty per cent. apenee rietors o1 the Hudson River Sugar Refinery, at Hastings, have, itis said, Reve notice to their workingmen of a reduction of twenty ner cent in their wages until times grow better. it is under- stood that the orders on this establishment for ar have of lave matertally fallen off, the result bel that a larger stock of the saccharine com- modity than. they can readily dispose of now awaits the tardy movements of the market. In Morrisania, where manuiacturing is conducted on @ very diminutive scale, even the few operatives employed have been in some instances cut down to three-quarters time, while others of the con- cerns have suspended work altogether. Last Fri- day fifteen men were discharged from the car tac- ‘tory at Tremont, the wages of the remaining hands being reduced ten per cent. THE SITUATION IN NEW JERSEY. The Dull Times in Newark. Beyond the facts reported in the HBRALD during the last week or ten days there is little more to relate regarding the labor crisis in Newark, except that with some traaes matters grow worse, and with none is there any appreciable timprovement. Yester- day, in conversation with the HERALD reporter, & thirty odd years’ resident of Newark, and for many years the money collector for a well-known estab- lishment, stated that he had never known things to be so bad or look so gloomy as at the present time, ‘The trouble in 1857, he said, so far as his experience went, Was not a comparison to the present situation of affairs. He thought the only real comparison ‘was the condition of things in 1837 and succeed! ae Just now, he said, 1t was like trying to ge! 100d out of a stone to collect money from busi- ness men, Others, however, take a more cheeriul and hopeful view. They admit that times are un- questionably very dull, but still people really are more scared than hurt. The proprietor of a well known “sample” and billiard room resort stated that now he realized little more of an even- ing than paid expenses, whereas @ montn ago he was coining money. His customers now, he said, drop in and stay a few minutes spending a few cents, whereas before they used to stay ail evening and spend several dollars. Another business man, & great lover of Shake- spearian sayings, said, with poor ours. “We know what we are, but we know not what we may be.” ‘There is @ humorous side, too, to the grave- like situation, The hard times have oned not afew marriages. One gentleman tells the names of four young gentlemen acquaintances whose Dul- cineas have recently given them what is valgarly termed “the sack,”’ all, of course, in Co! en of hard times. In three instances the engagémen’ had extended some four years, The question pal fe And ie dangerous or otherwise is, ee clas Of persons, gn open one. Condition of the Working Classes in Lambertville. Lambertville, in Hunterdon county, N.J., is one of the oldest towns in that State. It is situ- ated on the banks of the classic Delaware, ina pleasant valley, hemmed in by gramite and rock eminences of considerable proportions. The sce- Nery surrounding this ancient hamlet 1s of a highly picturesque and romantic character. The streets are well laid out, and most of the houses are built of brick, which gives it the appearance of @ thrifty and comfortable country town. It has communication with New York, Philadelphia and other large cities by means of the Beividere and Delaware Railroad. The facilities for trade and commerce are extensive, and, taken altogether, it possesses Many advantages not enjoyed by other placegof alarger population in the State, The num- ber of inhabitants reaches about 5,000, principally composed of the laboring classes.’ The chie! fea- tures of its business interests consist in machine shops, quarries, paper mills and quite a mumber of small factories. A HERALD reporter paid a visit there yesterday to ascertain if there were any embarrassments created in trade by reason ofthe financial epidemic, He learned that matters were in a gloomy condition, without any Erospert of improvem during the coming winter. e meral cry is “hard times’? among those of the jaboring population with whem he conversed. The proprietors of various quarries, which contributed so much in the way of employment, discharged over 300 men within the past couple of weeks. The hours of labor were cut down to eight hours, which will reduce the wages of laboring men to $1 30. per day, hardly enough, as a r, hardy son of toil remarked, to keep jody and soul together, much less eure & fam- ily. The Pennsylvania Kailroad machine works, which gives work to about 170 men in settled umes, has made a reduction of twenty per cent on that force, besides reducing the hours of labor to eight hours. In Cowan’s machine works there are only about seventy men at work, which is not half the number usually employed. The rabber factory has eighty men engaged, but if the existing depres- sion continues a change for the worse must take place. * In ali the smaller factcries there are between 300 and 400 hands now at word, on the eight-hour system, with reduced wages. Girls and boys who received $2 50 &@ week heretofore receive less than $2 now. It is feared from present indications that much distress wili be prevalent in this section of Jersey the com- ing winter. The reports from the immediate vicinity of Lambertville are not encouraging. It rae be estimated that about one-third the number of Jaborers usually employed in that town and vicinity are now out of work, and those tmat are working receive considerably reduced wages, UNEMPLOYED ARTISANS RETURNING TO EUROPE, Boston, Mass., Nov. 11, 1873. The steamship Atlas, which sailed from Boston té-day jor Liverpool, hud 230 steerage passengers, @ large proportion of them mill operatives and ar- tisans, who are returning to the Old World tor lack of employment here, Forty factory operatives came on from Fall River to embark in the Atlas. The men belonging to the Cunard steamship Abyssinia, who were detailed to take the derelict ship Richard Robinson into Halifax, also go out in this steamer, having arrived here this morning. PATALLY ORUSHED BY A OAR, Coroner Young was yesterday called to 222 East Twenty-ninth street, to hold an inquest over the remains of John P. Burns, a little boy, six years of age, who died in Bellevue Hospital from the effects of injuries received the evening previous by being knocked down and crushed beneath car 101, of the ‘Third avenue line, corner of Twenty-ninth street. ‘The thigh of the child was terribly lacerated, beside which he was otherwise severely injured. In what manner the occurrence took place will be developed during the investigation. The father of deceased is employed in the office of one of the principal journals of this city. THEOITY TREASURY. Comptroller Green reports the following pay- ments into the City Treasury yesterday :— From taxes of 1873 and water rents. $162,636 From arrears of taxes, assessments and interest... 7.259 From collection of assessments and interest. 19,955 From market rents and fe 2851 From water renis and penalties 2938 From licenses, Mayor's Omice 6 From fees, &c., District courts. A ” From rents, sales and licen: Public Parks. Total.....+ AOQOIDENTALLY SHOT BY HIS BROTHER. The danger of playing with firearms was pain- fully illustrated yesterday in @ case that occurred in Fifty-sixth street, between Sixth and Seventh avenut James Cumiskie, a lad seventeen years Of age, it appears, Was playing with @ loaded Musket at his parents’ residence, when the gun rematurely exploded, the contents taking eflect 4 the head of his little brother Patrick, aged six eara, then in the room with him, causing almost i tantaneous death. James was arrested and de- tamed to await the action of the Coroner, who was 2 Fir an THE COURTS. An Ex-Assistant Secretary of War Sued for False Arrest and Imprisonment. Constitutionality of the Court of Special Sessions. The Question Raised on a Habeas Corpus--- The Case Postponed for Argument. ‘The books and papers of ©. F. Auflmardt & Co, No. 10 Greene street, have been seized by Marshal Fisk, under 4 warrant issued by Judge Blatchford. It is stated in the warrant that Aufmardt & Co, imported goods at an undervaluation, Yesterday Allen Clark, who had been charged with breaking open the cargo of the American ship frank Howard and embezzling a portion of the same, was held by Commissioner Shiclds in $500 to await the action of the Grand Jury. The Tweed trial yesterday resulted in obtaining eleven jurors, Judge Davis allowed them to separate, but, tak- fing the Stokes trial as a text, cautioned them against talking to any one on the subject or permitting any per- son to broach or speak to them upon the subiect of the trial m any way whateve joth sides have exhausted their challenges, and to get the twelfth juror a new panel had to be ordered, . The argument in the Police Justice motion wasre- sumed yesterday before Judge Larremore, of the Court ot Common Pleas, It will be renewed this morning. A motion was made yesterday before Judge Barrett, in Supreme Court, Chambers, to put Comptroller Green in Jail for contempt of court in disobeying one of its orders. The case will come up this morning for # hearing. In the case of Tiffany & Co., reported in yesterday's Heraup, the application was to restrain Dauiel Drew from parting with certain interest money, imstead of the principal, as stated. CHARLES A. DANA, Action for False Arrest and Imprison- mont Against the Ex-Assistant Scere- tary of War. Yesterday the case of Gazzaway B. Lamar vs. Charles A. Dana was commenced in the United States Circuit Court, betore Judge Nathaniel Shipman and a jury. Ex-Judge William D. Shipman and Mr. McFarland ap- peared as counsel for the plaintiff, and the United States District Attorney for Mr. Dana, as the government has assumed the responsibility of Mr. Dana’s alleged act. The issues raised and the facts ot the case will be as- certained from THR PLEADINGS. Omitting the legal verbiage of the declaration of the plainuff it is to the following effect:— Gazzaway B. Lamar, who iss citizen of the State of Georgia, complains of Charles A. Dana, detendant in this suit, who is a citizen of the State of New York, that the defendant, on or about the 27th day of April, 1866, at Sa- vannah, Ga., with force and aris, seized and laid hold of the plaintiff, and with force and violence expelled him from his dwelling house and removed him thence to Washington, where he was confined in Carroll Prison; that subsequently the plaintiff was removed to the Old Capitol Prison and imprisoned there for three months, without any reasonable or probable cause whatever and without authority of law; that at the. time of the said seizure and expulsion from his home the plaintiff was suffering from dangerous and paintul disease and under medical treat- ment for the same; that he was confined, with fourteen other persons, ina sma. om, dilleq with noxious and pestilential odors and toaihsome vérmin; that, if tik Conse quence of this treatment, the plaintiff suffered both in guind and body, and his health became permanently and seriously impaired, so that he was prevented from at- tending to his business and affairs, to his great loss and damage; that the plaintiff, in order to obtain bis release from imprisonment, was compelled to give his parole to main in Savannah for twelve months, to the great in- jury of his estate. ¢ plaintiff also alleges that he sut- Jered other wrofigs yt e action of the dant in this matter. He claims $! damages. Accom| a panying this declaration MR. DANA'S ANS ‘The answer of Mr. states that the plaintiff's inst him in this case 1s that at mn, between the lst of January, 1865, he did cause the arrest laintiff: that he is informed and believes it to be at during the period named the plaintiff was arrested and imprisoned by virtue and under color of authorit derived “from the President of the United States, and he states that the arrest and imprisonment in question were made under such authority; and that all the acts done one detend- ant in this. case with reterence to the plaintiff were made and done by him at a time during the rebellion while defendant was Assistant Secretary of War in the execu- tion of his office and duty as such officer and by virtue of jority derived from and exerc: by the Presideat 4 in no other way ; that this suit is within the provi. sion of the fitth section of an act of Congress of the United States passed March 8, 1863, an act relating to habeas corpus and regulating judicial proceedings in certain cases. THE PLAUNTIFY’S CASE. Ex-Judge William D. Shipman opened the case to the jury in a long and elaborate statement. He proposed to open at length on the question of law which he knew trem the nature of the defence and trom what his triend the District Attorney had told him would be involved in the case, because the only defence that couid be offered turned on 4 QUESTION OF Law. This was an action tor assault and battery and false arrest and imprisonment. They would sec that this case went back to April, 1465, whi re Was some excite- ion of the country and in other regions growing out of the state of their public affairs Mr. La- mar was, on the 22d of Apri!, 1665, and for a considerable time previously, ding In Savannah, and he was living at that time in the city, when it was under the CONTROL OF THE FEDERAL AUTHORITIES, The defendant (Charis A. Dana) was then enjoying the honors and emoluments ot the War Department. He issued @ paper which, he sup would be cailed an order, purporting to be under the authority of the President dated at the War Department, and directed to General Noah L. Jeffers, who took this paper, went to Savannah and arrested the vefendant, or, as he (counsel) should undertake to show to the Court and Jury, kidnapped him, Jeffers went down to Savannah with the lea that he was use su force as he thought pecessary in arresting or kidnapping Mr, Lamar, whom he brought on to Washington, Jeffers was the 'instru- ment ot Mr. Dana; but he had the humanity to let tho plainti bring with him his daughter, nineteen years of age, as he was quite ill, to nurse him.’ She was brought under escort, ‘he party arrived in Washington in May, the seizure having been efected on tho 2th of April ‘The plaintiff was brought to Washington under this in- citement of Mr, Dana—he was thrust into prison, one of the vilest that ever disgraged the civilization ‘of this country. He was IMPRISONED WITH A GANG OF THR VILEST THIEVES and ruffians and subjected to gross indignities, wnile the defendant was enjoying the emoluments of the War Office. The plaintifi’s daughter, ashe had stated, had come on to Washington with the permission ot General Jetfers to nurse her father; but she was peremptorily ordered to leave for New York and put on board a train at night, so that her father was deprived of the comsort of her care, Mr. Lamar suffered 4 LONG IMPRISONMENT, and sobsequently he was takem back ‘to Savannah and permitted to remain there under guard. He was retained in Washington during the hot months of May, June and Juy. At savannah he was kept under some kind of guard and in duress for over a year. No statement of any cause of arrest Was communicated to him either orally or in the paper under which be was arrested. No oath or aMrmation was ever ade for the issuing of per. No such steps were taken by those who issued the paper, seized the plaintif and caused his imprisonment, NO ACCUSATION wasever made against him ip connection with his ar- Fest and trom that day to this he had never been offi- cially informed of the cause of his arrest by Mr. Dana, under the authority of the party whom he assumed to represent. The PLAINTIFF'S HOUSE WAS RANSACKED and bis books and papers,taken and retained to this day, so that he bad no means of getting at them at all. 1t was proper that he (counsel) should cai) their attention to questions of law, The fourth article of amendment to the constitution says that tne right of the people to be secure im their persons, houses, property effects against unreasonable " search’ or selzure shall not be violated, warrant shall issue supported = by oath lescription of the rson to be searched or 1 and the lst of Ai eas amprisonment orine” e 4 of the place to be searched ai el The fifth amendment provides that no person shail be held to answer for a capital or otherwise in- fameus crime except on presentment and indictment by the Grand Jury ; and th th amendment prov: that ecused shall enjoy the ict where the crime is nd of being confronted with the witnesses, ‘The constitution gave the President no authority to the rights of any private citizen. By oath rotect and defend this as any of the treach om of office he swore to preserve, provision in the constitution just as firm other articles. There was nothing to just committed on the piainuf. The defen deny those provisions of the constitution, ause he had himself recently invoked thoir protection, and r MADE THR PRESS RING with the glorification of a certain Judge, sitting now in another not iar off, because he Jid not give him over, hand and foot, to his enemies in violation of those provisions of the constitution. THR HONOR OF TRE COUNTRY would never be vindicated from certain wrongs com- mitted on its best and purest citizens until somebody was Counsel read the order tor It simply directed General Jeffers to proceed to Savannah, arrest G. B. Lamar, keep him under strict guard and bring him to Washington, = fags fire’ commanding fo eral. The order was - “By order of ©. A. Dana, Assistant Secretary of © charac: ter of this order was. by counsel, discussed who said that, if such an order as that issued from the President it would render every person aiding it or abet. tng It to eny manger lis fine and imprisonment and to ie and tt would subject them to impeachment and to ignominiously driven trom office. On its face this was NO WARRANT AT At. Tt was never issued on oath or affirmation. It did not state & cause of arrest, but simply said, “You go and take this'genueman, bring him here, and I will tell you where to putbim.” (op the langa, of the Supreme Court of the United States the constitution was as operative io war asin peace, because the contrary doctrine would lead to anarchy and despotism. THE PROVISIONS OF Tite CONSTITUTION were in full for atthe time of this arrest, and the arrest was unreasonable, because every unlaw/ul seizure Waa unreasonable, The person who penned the order @id net even condescend & ove the forms of law, Even is the arrest Was Caused by the necessity of MARTIAL, LAW, jal law oxisied, tt itexisted at all, in G ola Fesidod and where ye i contoried was tm vita te oe Sat ought uot rt the Judge said Pe | bis cae thon the law that mone wea ‘The further morning. CONSTITUTIONALITY OF THE SPECIAL SESSIONS, The Court Under the New Police Jus- tices—Raising the Question as to Its Constitutionality—A Bombshell and Its Probable Effects. . During the proceedings yesterday in the Court of Oyer and Terminer a petition was submitted to Judge Davis upon which will depend the decision of a question of the greatest importance in connection with the administra- tion of criminal justice in this city. The petition was one raising @ question ss to the constitutionality of the Court of Special Sessions as now constituted; that is to say, as organized under the act of the Legislature ousting the ola Police justices and the recent appointment by the Mayor and Board of Aldermen of the new police justices, & portion of whom at present hold the Court of Special Sessions. This petition asks the discharge of one Owen O'Keefe, lately convicted before the magistrates now holding this Court. It is set forth in the petition that the “tribunal called a Court of Special Sessions of the Peace in and for the city and county of New York is nota le- sally constituted court;” that it “has not any jurisdic- tion to try and convict,” and that “his conviction was and is illegal, pull and void, and without any lawful Jurisdiction, and that he is now illegally imprisoned and restrained of his liberty.” The petitioner ts represented by Nr. William F. Howe, who brings this forward as a test case, He claims that although the late act gives the new police justices the bower to sit ag justices, it does not confer upon them the right or authority to hold the Court of Special bessions, and that Snore | notin the act the slightest in- timation or least pro’ a Kae al thelr right to hold this Coart. osition he ndant could ‘open his ca: Might discuss ‘any pointe of of the case was adjourned to this In gupport of, this |p in- that accordil the decision of Judge Sutherland in the ber ui case QL iow. ard’s Practice bas pa! three police justices elected in the city of New York can hold this Court. This was in full oe Lh beads of fa beta! the ee to | compose ree judges, viz, Judges Dow! an Kelly. ‘Aer this the’ young democrac: came into power, and restored te, Court as previously constituted ‘under the act of 1858, The Court was so held until sub- manent legislation. again made the Judges of that Court appointd roe Mayor, when Mayor liall designated Thages Dowling and shundley as its judges. ‘The’Court of Appeals, in the Huber case—by means of which it will be remembered a4 Peniten| came ne depopulated—decided that the’ act giving the Mayar the appointing power was unconstitufonal’ Hence the Special sessions was restored, as far as the police pee were concerned, to its primitive condition—that to say, that it should be heid by three elected justices. It i# turther claimed by Mr. Howe en reason the Special Sessions can only be held by the 1 see tae tices who were elected in this city, and that the @ yor and confirmed the rd 01 ower to bee rt. He insists still farther i A] ars of Spécial ons, ant Vine soa] Bnd Doings court having jurisaicjion in cases which mig! tried before a jury, that such court, according to the con- stitution, can only be held or presided over by an eleetive Judicial officer. The question will be argued at length to-morrow morn- ing, at which time the writ was made returnable. | Ae will be seen, the question raised is one of the greatest importance. It the act under which the new Police Justices are holding office is deciared nnconstitutional, then, of course, there will be no other course but to dott their judicial robes, and meantime ersons tried be- fore them and convicted, and now serving out terms of imprisonment, must be set free, all such convictions an imprisonment’ being, under such decision, illegal, an therefore null and v BUSINESS IN THE OTHER COURTS. <a ‘ MARINE COURT—PART 1, Action Against a City Marshal. Before Judge Joachimsen. Keyworth vs. Stiner et al.—Thisis an action brought by Mra. Ellen Keyworth to recover from Stiner & Co. and one of the city marshals the value of goods claimed to belong to her, seized and sold under a judgment and execution against her husband. The property in ques- tion consisted of the fixtures of # liquor saloon and skittle alley, fitted up originally by the husband (toast being a part ‘of ‘his business) aud afterward sold by him to nephew, who after a time sold it to the plaintl? on leay- ing the country. ‘The lond jider of these sales was ques- tioned by the detendants, and this really constituted their defence, ‘The, valle of, the foods was variously estimated at from $90 te $1,000. 1 rendered 8 verdict in favor of the deiendants. For plaintif—W. 8, Wolt. For defendants—Max Moses, MARINE COURT—PART 3. Action Ag: jt an Insurance Company. Before Judge Cartis. Marx Cohen vs. the Brewers and Maltsters’ Insurance Company.—This action was brought to recover $800, the amount of a policy of insurance taken out by plaintif, Cohen, on his stock of goods at No. 2% Division street, which was barned on the 30th of last Yecember. The de- fence was that the loss was not as great as was alleged by the plaintiff—to wit, $800, but only $400, Arter a charge from the Court, the jury, without leaving their seats, ound in tavor of the plaintiff for the fall amount claimed. COURT OF GERERAL SESSIONS. Before Judge Sutherland. ‘The forepart of the seasion yesterday was occupied in trying John Carroll, the keeper of a junk shop in Stanton street, who was charged with purchasing a quantity of brass faucets, with a guilty Knowledge that they were stolen from the factory of James Conity, Nos. 9 and 11 Hague street, by a boy named Walter Hill. A number of witnesses, members ot a Father Matthew Society, with which Carroll was connected, proved his good character, ‘The jury, being unable to agree upon a verdict, were dis- charged ata late hour in the afternoon. Petty Larceny. Patrick O'Neill and William Mehegan, who were charged with burgiariously entering the liquor store of Cornelius Crowe and stealing $10 worth of liquors,pleaded uilty to petty larceny. As they were hard workin; Ley ey ‘poner mitgawea the punishment to two months imprisonment in the Penitentiary. Assault and Battery. George Reilly, alias Rat Reilly, who was indicted for attempting to shoot Charles McKenzie, @ police officer, on the 20th of July, pleaded guilty to assault and battery. Tt seemed from the statement of the complainant that Reilly and some friends went into a cigar store on Sec- ond avenue and wok cigars without paying for them, and that Reilly threatened the proprietor oi the store that if he did not get back in the room he would “lay him out;” that after the party left the store the proprietor went across ‘the street and informed the officer of the transaction, who overtook them near Twenty-sixth street and took hold ot two of them, whereupon Reilly drew a revolver and told the officer that if he did not let the men go he would put daylight through him, The complainant, knowing the desperate character of Reilly, loosed his hold of the two men and seized Reilly, when the rest of the party at- tacked him (the officer) aud rescued Reilly from his cus tod; “ASsista it District Attorney Rassell accepted the minor se he could not convict the prisoner of any le of crime. nsel for the prisoner wished to present aMdavits in mitigation of punisliment, and at his request the seatence was postponed till Friday. Alleged False Pretences—Discharge of the Accused. John Schoener was tried upon an indictment charging him with obtaining $150 from Joseph J. Hecht, on the 8th of February, by falsely representing that he owned a house in Kast Sixty-second street and another im Eighty” sixth street. It came out during the progress of the trial that Hecht examined the records in the Registers ind that the accused owned the propert Que’ he subsequently discove: that Schoen had deeded the property to Hiram 8. Cole on the January. Mr. Kintzing contended that the accused could Rot be | ‘ty Bg oe of the offence charged in the indictment His Honor agreed with the counsel, and directed the jury to render @ verdict of “not guilty.’ Attempt to Steal a Watch from a Detect- ive. A youth named Andrew Fitzgerald was convicted of an attempt to steal a gold watch from Patrick Leahy, a de- tective of the Eighteenth preeinct, on the 17th of Septem- ber. The officer was taking a prisoner named Flood to che tation hor through Twenty rourth street, followed b; & crowd. at which time Fitzgeraid, who said he was foes aes vertecnie SW: Sefit achieT ds mmen . jockey to the Penitentiary for six months. COURT CALENDARS—THIS DAY, Surname Count—Cracuit.—Part 1—Adjourned for the term. Part 3Held by Judge Ven Brunt Nos, 2144, 2538, 84434. 1210, 92% I ; Paes tea Semmens Covar Suawtans Held by Jude Barrett — outame trne toh he Tutt Jeu Ti SOK, ‘at, eis SOA, 1301, TAL, 780, 00, 058, 100 0 SN, Court oF Common Preas—Gexeeat Texu—Held_ Judges 0. J. Da! Ce iy ae 2, 4 5, 6, 7, 4 » Qoont oe Couwon Paras taaias nek eat\ a br Ie ee caeeee, —Nos. 1739, 1494, ‘2011, 2012, 2145, etnies a w oachia tes 8403, 8580, rf Ste ileld by udge Bimbo a at Curtis, —Nos. re 3 $186, 3605, 2673, 3405, G ‘232, 3338, 2144, 1786, \dge Suther- sonnerinn, telse Knox, John Brot receiving stolen goods; tarcony; same vs. Joseph ¢ vs. Thomas Connelly, larceny, grant Michael Fran Same vs. Peter Mor F. Daroug, grand leriee Seapian, Frank Brows aid forgery: Rame va ex-Congressman, A. R. Samaells, proprietor of the New Park recover $4,200 on two promissory notes, given the defendant to the firm of Britton & Cp., of whom be lies. The ning to one Co. fortis a re- eetes wea eee i nd the notes of Hainuelle wer at pat previously held tour of Samuells’ wi Tepresented to him as paper, they were at twelve per cent, The jary found for the trial of the case, On ct pints the first trial the COURT OF APPEALS. Avaany, Nov, 11, 1878, ‘The following decisions were rendered in the Court off Appeals to-day :— Judgments Amn albany. lialitoad Company eo” treuletesay vee Ritter va. Phillips: Hacklord va, Now York Oem Wudson River iLaiirosd Company; bosworth F ve. walker; Dugan vs. The Ch haar" snafee Turion tartan ation; Sun Mutual Insurance Com} ra 8, Rogers va. ap ig; Merchants’ ‘National Ba of ve. Orders Affirmed with Costs—Waring vs, Loder. Ci versed, Lye a) Granted, to Abide: Event—G vs. r= tty coy wear’ e ‘with in matter tition ot the Bost ‘and Albany’ Katoad Company. marie rae Order Reversed, and Motion Gran! ‘with Costs—Thd People ex rel. Bolton waaieragns Order Keversed, and Motion for a Mondansee Geamsad. with Costs—The People hurch vs, Hi Comptroller. Judginent Affirmed. with Costs to all Parties to be P: from Estate—Dupuil vs. Warts. Reargument Ordered of First, was the title to the ney the pubiegt a tne pa troversy in the county ot 4 York? Spoon, me money was the money of the county, can Supervisors maintain an action for the Ft the complaint on behalf and for the countyt—he People va. Ingersoll. Motion Denied, with $10 Costs, —Barker vs. fo Juayment Reversed and Judgment that Under the Codicil the Nephews Take $5.00, Subject to Debt, wit Party to be Paid from the Betate. Judgment of Supreme Court and 0: roceedings dismi: ex rel, id Pre Rogers ve Speneer, County Ju ic ‘udgment Reversed and ew Relat Granted top! of the Appeal to Abide the Final Dec! to conte the Action.—Moore vs. Metropolitan N: Bank. yet Judgment of Supreme Court an iret ot Martial Reversed.—Peovle ex rel. Garting va. Van Brigade court martial. Order Modified Pursuant to 0) a of Judge Terms of Order to be Sottied by Him Without Either Party in this Court—Merchants’ Bank vs. son, Court of Appeals Calendar. The followi: Ay November iichoe 16,10 MO Ih UNITED STATES SUPREME COURT: Decisions. Wasnincton, Nov. 11, 187% 5 No. 6% Godwin vs. United States—Appeal from the Court of Claims.—This was an action by Godwin to re- cover compensation for the time his vessel, under charter party with the government, was detained on ac- count of process in admiralty on @ bottomry bond which did not bind the government, and which had become necessary in respect of the Vessel because of repairs made at St, Thomas. The Court sustains the finding of the Court of Claims that the marine risk was with the owner, under the contract, and that the government w: in no wise responsible tor the deiention which r« from periisof the sea, Mr. Justice Swayne delivered the opinion. No, 46. Reedet. al., vs. Gardener.—Error to the Cirenit Coart for the Southern District of Georgia.—This was an action to recover a debt of the plaintiffs in error upon a contract concernil the working of a Baaases, ii Georgia in 1868 The judgment was for ener, the case was ‘ht here on a bill of exceptions e Court say that, without going outside the of excep- tions, there is absolutely nothing presented tor its con- sideration, ‘that the Court will not look outside the bill. Mr. Justice Huut delivered the opinion. 8 “No. 21 Masterson, Assignee, vs, Howard et al.—Appeal from the Circuit Court for the Western District of Texas.—In this case the Court affirm the doctrine that the adjudications of the provisional courts of the United States held in the several States which had been en- gaged in_ the rebelifon are not open to controversy. Mr. ice Field delivered the opinion. No. 47. Still vs. Hinderkoper et al.—Error to the Cir cuit Court for the Western District of Pennsylvania — This was an action seeking to recover compensation for vis ndered by Still, as agent of the defendants in error, to sell oi ta Tue Court below ruled that pu se thorized to sel tor , al Rat thas ec aale fore certain pasa to be ‘with @ part cash aymens was & Violation of his a ity. is raling is med here, Mr. Jus- tice Miller delivered tne opinion. No. 42 Ray vs. Smith—Error to the District Coart for Mobile District, Ala.—This was an action on notes made by ome Hardaway, « partner of Ray, payable to Ray, ards endorsed to Smith in payment of Tpartocnuip debe of wiuch Hardaway. was uoable, 10 ba aid his propertion in y wan, ahd Sialih subseqaamaly, dung the war, resided in New York, uardaway and Bay residing in Alabama. After the war suit was brought and the Court directed a verdict for the plaintiff on ground thet Hardaway having provid wrth the means of paying the notes, which he hi ot turit ir cre- aitors at his request) Ray was not discharged for want of the notice of demand on the maker. The judgment is re the Court Cteeg at the evidence did not warrant. instructions to jary. Mr. Justice Strong delivered the opinion. No, 48 Knode va Williamson—Error to the District Court for West Virginia.—This was an action of trespass for the destruction of a canal boat belonging to Knode, at. Harrison's Landing, on the Potomac River, in 1882 The detence was a general denial and the verdict sustained it The judgment entered thereon is reversed, because certain depositions were rejected on the trial, and another was admitied which should have been excinded, because the notice of its taking was itself without date and did not state the year in which the deposition would be taken, only giving the day of the month. Mr. Justice Strong delivered the opiuicn, No, 81. Vannever et al. vs. Bryant—Error to the Cir- cut Court for Massachusetts.—Motion denied. Nos. 61 and 62. Starr vs Stark and Bacon vs. same— Error to the Circuit Court for Oregon.—Affirmed with costs. No opinion. No. 63. Ensely vs. United States—Appeal from the Court. of Claims.—Aftirmed with costs. No opinion, No, 68, Railway Passenger Insurance Company vs; Keteham—Error the Gireult Court tor Missouri. y No. 8%. Brown et al. ys. Rapley—Error to the Supreme Court for the District of Columb: -Aftirmed with costs and ten per cent interest. No opinion. THE COLBY MURDER CASE. saa RIS A Bad Look for the Prisoner Cahill— His Threat to Stab Deceased—Cahi Committed to the Tombs. Coroner Young yesterday held an inquest in the case of Michael Colby, late of No. 47Gold street, Brooklyn, who, it is alleged, was stabbed in front of No, 84 Cherry street, on the night of the 28th ul- timo, with a knife, in the hands of James Cahill. Eliza Murphy, who lived at No. 23 Batavia street, testified that on the night of the occurrence she met deceased at Brannigan’s liquor store, No. 4 street, and ed him to go heme with her; out- side the door the prisoner sald to dece; 1s the son of a b—h who stabbed me ;” the witness interfered and denied the accusation of Cahill; latter, who had a@ knite in his hand, ran for and stabbed him; Colby had been the prisoner was much intexicated; he was away by a woman and went home; the witness saw blood on deceased’s shirt and cried out “He is stabbed |” deceased was then taken away. Mary Ann Pisher, a widow woman, di an: 's liquor store with ‘omen; the prisoner was bieeding at the nose; she was told that a man named Colby had struck prisoner; they all three rounds of drinks, for which deceased paid; saw no trouble in the place, but heard of the stab- bing; deceased was quite dronk, but knew what he was about. Jobo Vain, living in Brooklyn, saw deceased in Brannigan’s place on the night he was stabbed; ‘as there but heard no trouble; saw Cahill as he came ont and asked if he had been struck; he said, “Yes, that son of a b——n there (pointing to deceased) struck me, and I am going to cut him as he comes out;’’ aiterwards heard de . ceased cry » “Oh God! rm murdered; Pm a decent man from Brooklyn ;’ de was them outside the door, with his hands to his side; the conversation with prisoner occatred SL ara en the door; saw a fe in the prisoner's when he made the threat against deceased. Officer: Harris, of the Fourth precinct, testified. that he arrested Cahill at lus residence, No, 92 Cherry street, and confron him with y at the station house, but he did not Aen dee pe mmr d Aten ae ianheion, eat some- tab! 0 Corer bout being roubed by boys in Oherry attest. Pad e \d he thrown the knife a a wietacn tee act pea et examination, perion ia d of chest Site ease wan then given tne following Ber Michael Colby came to his «That Michael came death wound of the chest, Tnttcved with a ted nands of James Cant, the evening of October 28, Cahill, who is thirty-three years of Ireland and @carjgenter by trad to the ‘Tombs to await the, ‘action "or any statement touching his Po = eet pane im. De justrious and ordinarily tem: married and lived with ie sister in Brook! = to the jury, who ren- The prisoner, who is marr} bidding cast of coumtemauce, °™" Dae 8 Father Th second defendant. Se eee or pa! On the part of the defence it was claimed as loans to Britton & hich the two notes Uou were collateral, were at usurious inte! j seven percent, The testimony on this 4 what contradictory, some witnesses +! loans were at seven per cont and others t