The New York Herald Newspaper, November 13, 1873, Page 5

THE COURTS. ‘The Action Against an Ex-Assistant Secretary of War. THE TWEED TRIAL. Proceedings in the Rosenzweig Case in the General Sessions, Mr, Willett Denike yesterday resigned bis position as ‘United States Disirict Attorney tor the Southern district of New Yor in consequence of bad health, A suit has been commenced in the United States Courts by the government against Daniel H. Wallace and Alfred L. Malcomson to recover $60,000 for alleged illegal im- portation of merchandise, ‘The ease of the United States vs. Gustave Hubner was on trial yesterday in the United States District Court, be- fore Judge Blatchford. 1t is an action to recover money @lieged to have been obtained by the deicndant, as a claim agent, on claims stated by the government to have been fraudulent. Comptroller Green saved himself yesterday trom going to jail by making up his mind that it would be better to comply with an order of the Court, The order, which ‘was entered some time since, directed him to pav into court $4,291, an amount awarded to unknown owners by ‘the Commissioners for opening the Boulevard. He paid over the money, and thus still breathes the air ot tree- dom. Judge Van Brunt yesterday denied the motion fora ‘mew trial in the Stemmler-Maguire suit, In his opin'on— @ lengthy and exhaustive one on the subject—he inti- mates his disapproval of the verdict against Judge Maguire, but does not care to assume the responsibility of ordering a new trial, He says the case ts one that should go up on appeal, and indicates this as the proper remedy, The case will therefore be taken before. the Supreme Court, General Term, and in case of an adverse decision here will be carried to the Court of Appeals. Judge Barrett, in Supreme Court, Chambers, yesterday, granted the motion made on behalf of Samuel L. Tred- well by Mr. Samuel ©, Mount for a commission to take the testimony of parties residing out of this State regard- ing the contract for building the Central Branch of the Union Pacific Railroad. A motion has also been made toconfirm Benjamin C. Wetmore and Richard H, Bowne as trustees for the bondholders of the road, in place.of Benjamin W. Bonney, deceased, and John E. Williams, resigned. The argument on the latter motion will be beard to-morrow. ‘The argument in the Police Justices matter, which has been in progress for several days before Judge Larre- more, of the Court of Common Pleas, was concluded yes- ferday. Judge Larremore, at the conclusion of the argu- ment, took the papers, reserving his decision. CHARLES A, DANA. Whe Action for False Imprisonment Against the Ex-Assistant Secretary of War—The Plaintiff Charged with Having Been Implicated in the Mur- der of Mr. Lincoln. ‘The farther hearing of the case of Gazzaway B; Lamar ‘ve Charles A. Dana was resumed yesterday in the United States Circuit Vourt, before Judge Nathaniel Shipmap and a jury. ‘this is an action to recover $100,000 damaves tor alleged false imprisonment. Ex-Judge Willian D. Shipman and Mr. Mcrarland ap- peared us counsel for the plaintiff, and the United States District Attorney for the government. TESTIMONY FOR THE PLAINTIFF. The deposition of General Jeffers, who made the arrest of the plaintiff at Savannah, was read iu evidence on the part of the plaintiff, RVIDENCE OF GAZZAWAY B, LAMAR, The plaintiff was sworn. In answer to Mr. McFarland he said :—I was born in 1798; I was President of the Bank of Commerce; I dealt largely in cotton; the Provost Marshal arrested me at one o’ciock at night, at the resiaence of my daughter-in-law; I was sick in bed; I was allowed to remain there until morning, when 1 was wken by soldiers, marched to the river, put on board a tugboat and taken to Hilton Head; General Jetlers allowed my daughter to accom- pany me; we were taken to Washington; when we Feached that city General Jeffers brougtit me to the War Department; he went into an inner roou of the Depart- ment; he caine outand said he was very severely cen- allowing my daughter to come on to Washing- me; General Jeffers said she would uot be to remain in the <a said would send her on with some ladies to New York; General Jeffers suid that that would not that she must leave that day; my daughter died three yeacs ago; I was then carcied to the old Carroll Prison, ‘and then to the Old Capitol Prison; I was put into a room with fourteen other persons; there were fourteen sin- le ifon bedsteads, with single mattresses on them; here were dirty blankets, no sheets and ide pillow- cases; [ was kept there, sick as I was; I sent for a sur- eon; he came and preseribed for me two or three Broes; 1 was sick, and the surgeon gave me & certificate; 1 sent that certifi to the War Department; i got no reply whatever; I repeated the application; I was in very reduced heaith during my imprisonment; Lost twenty-five pounds, In weight and ‘was approaching the grave, and it I had been much Tonger in the same condition it would haye taken my life; just at that time the keeper of the prison, Colonél Wiliam P. Wood, who was acting in the double capacity of keeper of the prison and cetective, came into my rooin are said tome:—"I know you;” at’ that time I Was suf- Jering from a disease of the stomach; ail the time I was an prison the discase in my stomach continued, until ‘Wood returned ; I was confiied to ved most of the time, Dut whenever the pain passed off T could sit up or walk about the room, which was as dirty as itcould be; I might say that there were MILLIONS OF BRDBUGS $n the room; they were in the ceiling an1 furniture a could not find any place in the room where they were pot; Mr, Wood was kind enongh to take me out of that room arf put me into xnother ; the room in which I was first confined was 17 teet by 20, and there were tourteen rsons in it along with me; it had one window and one joor, the latter not opening on the yard; the prisoners were allowed to walk for half an hour or ap lour in the morning in the yard, but there was ko BAD 4 STENCH from the water closet that it was almost imnossible to walk around; I was furnished with soldiers’ regular Tations, salt pork and “hard tuck;” L had a cup of cotlee morning and evening, but was allowed the privilege of getting food from a restaur: 1 was not allowed to get money; I had some checks, but could not get them cashed in Washington; Mr. Wood said, “I will lend you any money you want,” I was arrested on the 23th of sured tor ton with allowed April, and arrived at the prison on the $d of May; I lett rigon t duly; 1 the Mal was written the 23th of which on was lease a. parole, by Secretary of War; this order gave me_ transportation back to Savannah’ by the parole I was not to leave the city; | was bound’ to submit to a military trial when- ever the President wished; I was required to report every mouth; I have got and produce a copy ot the parcie; this was given to me by either General: homas or Mr. Stanton; they retained the original, which was dated July, 18°5! Twas never formally released from the parole; but 1 consider that 1 was released trom it by the Proclamation of the President granung amnesty; I con- ued to report myselt as long as the government kept an officer ju Savannah; sometimes J was absent, but was a aiiel absent on fee IT took anamnesty oath, and swore to it, under Mr. Lincoln's reclamation, on the 6th of January, 1805. The wines en detaiied the seizure of his sand papers at Te- the Savyannal), while he was residing there with hisdaughter- in-law ; the person who arresied him seized, at the same time, his books aud papers, which had relation to cotton transactions in which he wasengaged; he had lost a large sum of money in consequence Of such seizure, but it was impossible for him to say how much it was; after his release his cotton — was seized by persons purporting to act on behalf of the government. Witness mentions occasions in as he claimed, he was insulted and anno of the federal ‘government; he read int Mr, Dana was about to retire from the War Departine: he wrote him a letter to ascertain what charge there wa: against him; he wanted a trial according to his consti- Totional right, and he gave the letter to General Colby 10 deliver it to Mr. Dana, but he never received any answer toi To a Juror—Was obligea to report every month; does not know if others had to do the same. ‘Croxs-examined—Mr. York, the Provost Marshal, ar- rested me; le was, | think, accompanied by another officer ; some soldiers also were present; held no military ition during the war; held a quasi-military position Ir'the State militia of Georgia which was in Savannah for the defence of the city; was not enzaged in buying arts or ammunition abroad; last reported himself to Major Crotton. ‘0 ex-Judge W. D. Shipman—I went up with several others to take the amnesty oath at the, regular military ‘oMce opened for that purpose. To the Court—Aiter my return to Savannah I re ported myselt regularly every month, and when ! went out of the city I had toget a permit; I never went oui of ‘the city limits without a permit; | reported regularly vannah until the latter part of 1867. Toa juror—Some of the men with whom T was in Prison Were the vilest criminals ever Incarcerated ; some ‘of the prisoners were using knives; tree of the pris- ohers were gentlemen. This was the cage for the plaintiff, - THE DEFENCE, The District Attorney, having made some remarks upon the law of the case, denounced the plalnuil us a loud mouthed, open enemy ot the government, a blatant secessionist, engaged "in the bioekade, and taking every step he could possibly take to destroy the country. Counsel called attention to a statement which, we plainti , 0 the ‘effect that r the Reine ore anacily foaseed ie Pao to wit, the Coniederacy. The p i strong ox- pressions against “Yankees” ai Puritans, Mr, Charles Ar Dann was then eclted ir. o en called te Having been sworn he testified as tollows: Prelit"? this city; Lam editor of the New York Sun; 1 have beer Assistant Secretary of War; my resignation took efect fon the Ist of August, 1868, ahd f was in the War Depart: Ment two or three years before that; I never say the plainti® und T saw him in this Court Vesterday: 1 have never had any dealings or relations with him; I have heard read here the order signed by me for the arrest of the plaintifl; I could not swear to the exact phrasvoloxy, but I made that order and signed it; on the day on which Tmade tbat order, which 1 do not now recollect, some eight or ten days after THE DHATH OF MR. LINCOLN Mr. Btanton, the Secretary of War, sent for me tocome to his office; he said, "I have sent tor you to say that [ desire you to make an order for the arrest of Gazzaway A. Lamar, of Savannah, we have reason to believe that he is implicated in NE ABSARSINATION OF PRESIDENT LINCOLN, What officer he there In, Washington ot about the Stato riment who is desirable to be sent to arrest ereetected soment and then said there tmen dd be AC on ary Mr. Stanton said ont that he could be WEW YORK HERALD, THURSDAY, NOVEMBER 15, 1873—TRIPLE SHEET. flee: te 2 it by order of the ke ‘al 08 itto one was a Know of it. esters. ‘was my superior officer and I did nothing except by hi auhonity, and direction. When Mr. Lamar ington I did not know he was there. If ho one in the War Depart r. Stanton. It was not thority of Mr, Stanton Thad no control over the pitol Prison. id you ever receive any communication from Mr. Lamar while he wasin prison? A. I do not remember— it it is possible I did, and if I did | handed it to Mr. anton; at the time Mr. Stanton gave me this order I al no communication with him on the subject of the 1 only know the reason he stated to me tor the ‘Dana was not cross-examined, Mr. Lamar was recalled by the District Attorney and was questioned as to ihe statement he had made, giving his reasons jor taking the oath of allegiance ; but ihis tes- timony Was ruled out, as were also offers to prove acts on thé part of the plaintiff which had no relation to the reasons assigned by Mr. Stanton tor causing the arrest. ‘To this ruling the District Attorney excepted. 1 it here closed, nce of Congress taken hit in the courts. Counsel reterred the Court to the statute of March 2, 1567, volume 14, Statutes at Large, page 432; and spoke for'an hour aid a half in support of his view. He had not concluded at the rising of the Court at four o'clock. ‘The case will be resumed to-day. THE TWEED TRIAL, The Defence Make A New Move—Chal- lenging the Panel of Jurors—Another “No. 8 Juror” Come to Grief—Going Backward in Getting Forward. There was the usual large attendance at the Tweed trial yesterday in the Court of Oyer and Terminer, Judge Davis on the bench. Judging the day's work by its re- sults, the progress in completing the Jury would seem to be retrograde rather than forward, as there were eleven jurors in the morning and only ten when the Court closed. CHALLENGING THE NEW PANEL. Counsel for the defence challenged thé array of the new panel of fitty, from which one juror is to be selected tocompleve the jury, on the ground that the fifty were selected from only 2,800 names, instead from the whole body of citizens liable to do jury auty. Judge Davis overruled the challenge, Counsel then amended the challenge, to the effect that the omission to draw from the whole body of those lable to do jary duty was prejudicial to Mr. Tweed, Judge Davis also over- ruled the amended challenge, and counsel excepted to both rulings of the Court, HUNTING MORE JURORS, ‘The gentlemen summoned were then called. Mr. John A. Hartcoin, cigar dealer at No. 86 Maiden lane, had formed a decided opinion and was excused. Mr, Joseph H. Marks, commission merchant, of No. 126 st Tenth street. formed an opinion, but he found it difficult to define its exact quality or form. He had a strong feeling against any public officer guilty of male seasance. x Mr. Marks was excused by the Court on account of the sickness of his partner. Mr, David Elihu Field, jeweller, corner of Broadway and Nineteenth street, said he had heard of the contro- versy between “the outs and the ins,” as Ne character- ived the charges against Mr. Tweed. acceptable to the dete: In answer to questions by Mr, Clinton, Mr. Field said he had put up a clock in the new Court House, under the direction of his employer, Mr. Kirkpatrick, and he had heard that Mr. Kirkpatrick had made badges for the Mr. Field was Common Counc he had seen Mr. ‘tweed: in Mr. Kirkpatrick’s store, and he (Mr, Field) knew that Mr. Tweed ‘was a customer. of Mr. Kirkpatrick. | Mr. Field said that he had taken an interest in the present case, on account of his ac quaintance with Mr. Tweed, He had been summoned oth by the Sheriff and the Commissioner of Jurors to attend as @ juror; that the notices had Leen personally served upon him, and that the person serving the no- tices had told him that it would be necessary for him to appear at Court in obedience to the summons, The clerks in the store had bantered him upon his being sun- ned as a juror, calling him by such names as “The t American Jurymap.’* Ex-Judge Fullerton thought that Mr. Fiela was indiffer- ent and competent to serve as a juror. ; Mr, Clinton thought that the facts brought out from Mr. ‘Field and the evidently reluctant manner of Mr, in giving the facts were matters which the Court should make cognizance of in such a way as to reject r, Field. rhe Court rejected Mr. Field, and the detence ex- cepte Eaward Richardson, grocer, at No. 5:0 Pearl street, said it “would require testimony to remove his evi- dence,” the remark causing a smile in the court room, When asked whether be had formed an opinion that wou'd require evidence to remove, he replied in the at- firmative, but said that he could decide the case on the evidence without reference to his opinion, When he had read the statements avout Mr. Tweed in the papers he believed Mr. Tweed guilty of fraud, but he could now give a verdict on the evidence. He Was excused. Mr. Oliver W. Shaw, fiocri at No. 25 Carmine street, had a decided opinion which it would require evidence to remove. He was excused. Mr. Pernett 8. Stevens, foreman of the Union Rubber Company's works at the corner of Fourth avenue and 132d street, had read agreat Geal about the frauds charged against Mr. Tweed and others, and had come to the conclusion that where there were so many charges. existing there must be some fraud, and. he belicyed that it there was fraud Mr. Tweed was connected with it. He said he felt sure that notwithstanding his opinions, beliet or expressions, he could give a verdict on the evi- dence, and he thought every honest man should be capable of so acting; still he thought thatit would re- quire some evidence to remove his opinion, He was ex- cused. The Court then took a recess of thirty minutes. ANOTHER NO. 8 JUROR. After recess Assistant District Attorney Allen said that the prosecution had become possessed of facts tending to show that one of the Jurors already sworn was unfit to serve, and he asked that the chalienge to the favor in Felution to that juror be recpened. Ex-Judge Fullerton objected to the reopening of the challenge, and asked that th charges that could be met by and Mr. Tweed had been informed of — the charges, and Mr. Tweed had declared that he had not endeavored or attempted to have any ‘one else endeavor to influence the juror in question, but that there was no doubt that some enemy of Mr. Tweed had exerted bis influence in that respect. He asked, therefore, that this matter be tried not by affidavit, but by open oral testimony. ‘The Court acceded to this, and Assistant District Attor- ney Allen called a Mr. O'Conor, who (estified that he saw Captain Walsh talking with the eighth juror, Lubry, and saw Captain Walsh, before is, talking with Tweed. Judge Fullerton cross-examined him at some length, and reduced his evidence to the above statement. James FE, Wilkinson testified that he saw Mr. Lubry go Soya the states from the court room talking with Cap- tain Walsh, ‘The Court, on Mr. aN request, asked the Sheriff als prosecution present formal e defence. Both himself to send for Captain V a MI ir. Lubry. asked iianselt to explain his talk with Cap- tain Walsh, but the Court deferred his explanation. ed to @ question put to ige Davis declared that he would receive an. ;, Without regard to technical rules, that tended to show that a juror had been tampered with. Wilkinson said he watened Walsh and Lubry some minutes, i “filen sald the witness was employed by the ey’s office, though not on this special point. . Polhe further cross examination elicited that the witness was one o! Pinkerton’s detectives assigned to duty in the District Attorney's office. Captain Edward Walsh here came in and was exam: ined'as to his conversution with Mr. Lubry., He said that he had known. Mr, Libry ten or twelve odd years, and, not having met hit for nearly a year, talked with him jor a few minutes, but not a word as to the he had previously talked with Mr. tweed, who was a friend of twent: ears’ standing. Oo eeer that did you talk with Mr. Tweed? A. No, sir. Connsel (impatienily)—No, I went away with’ Mr. Tweed, Mr. Pullerton—Th (Caughter.) Captain W 1 talked with Mr. Dewey and others, not with Mr. Tweed: [ have tot tulked with any one lately about Air. Tweed’s case; I did hot know Mr. Lubry was on the jury tll Taw him yes- terday. To the Court—He asked me Now I was getting on, whether I was making much money; I said I had & genv’s furnishing store on Sixth avenue and was making > much in one year now as in two when I was a barber; then I handed liim my business card, Judge—Had he expresed any desiro to make pur- chases of you, that you gave him your card? A. No, but just the saine as I would give it to any ot my friends, to. come and buy from me, if they wanted anything. yudge-1 cannot bring tay mind to the conclusion that this transaction was entirely innocent, On the contrary, iv is covered all over with suspicion. " Captain Walsh, & friend of many years’ standing, and meeung him, is not acircumstance of grave importance ; but that he should chance to Le located at the Uine with particular friends 's suspicious. of the defendant, such as his private secretary, and hanging arownd, the ante-chamber, and taiking with a party implicated in the loss of the hers, and be there until the ury Jert thetr seats, and then, without any in tention of going home, shaking hands with the Jur and going down with ‘him tothe foot of the tai and to know whether he was making plenty of money, and then, coming back to the ante- chamber, covers the case with such suspicion that wuatever verdict would be rendered it would never be regarded by the public mind as an honest one. The juror, besides, bas not, 11 my judgment, acted with frankness in disclosing information that it was proper he should give. He bas been the Intimate trlend of a dis. tinguished ‘politicaan and he never told us. It is my duty, which discharge with more psin than pleasure, to discharge this mnan trom the jury, and get in his place one more likely not to be accosted by any one asto his pecuitar success in busines No. 8jaror being relieved at once vacated his chair and Jett the court room, RESUMING THE JURY HUNT, Henry A. Foster, stock operator, was next examined. He admitted on crossexaminaticn that he is intimare with Richard B. Connolly, nephew of one of the deten- dants in this indictment. ‘He was excused by the Court. A JUROR ASKS TO RE EXCUSED, At this point Frederick Lewis, the tenth juror, stood up and begzed to be excused, He'said he tinderstood the juror should be perfectly unbiassed, and he was not questioned on this point. Judge—Both sides accepted you, sir. You must remain, ‘The jury were then sent to the Astor House m chargé ot special sheriffs, and the Court adjourned, THE ROSENZWEIG CASE. Elaborate Decision of City Judge Suth. erland, Granting the Prisoner's Dis- charge. Yesterday Wis Monor City Jndge Sutherland fila an elaborate and able opinion upon a motion to discharge Jacod Rosenwzeig, who, it whl be remembered, was tried and convicted in this Court in October, 1871, of man- slaughter in the second degree, He produced an abor- tion’on Alice Augusta Bowlsby, which resulted in her death, The trial excitea @ great deal of in- terest at the time because of some horrible features ‘connected with the affatr, A trunk containing the remains of the unfortunate wirl Was sent from the prisoner's honse, in Second avo. hue. A writ of error was obtained and a new trial was Kranted by the General Term in Novemoor, 1872, since which time Rosenzweig has been confined in the Tombs awaiting a new trial Mr. William F. Howe, the prison. ers counsel, filed two special pleas asa ber to further ofrst, a former trial and conviction aad sen- fence, and the second, the passage by the Legislature ot the act of April, 1872, averring that by il the aet of May 6, 18:9. was’ repewled. and” that there Was no law jistence under which he could reti The brocceded to consider the District Attorney's rep- m to the pieas of prisoner, and says that in his decision in the Greenthal ne to the conclusion that the first plea did not constitute * bar to @ second trial. As to the act of 1872, the Judge ys:—“I suppose it is adinitted that the act of 1872 was se inconsistent with the act of as to offences com- mitted after the passage of the act of 1872, and therefore thatthe latter act repealed the former as to offences committed after the passage of the act of 1872. ey follows irom this admission, in view of the pealing words in the act of 1872, without any qi tion, exception or saving clause as to offences c | mitted against the act of 1869, before the passage of the act of 1872, that the latter act repealed the former to the mentioned offences. Strike ont the filth section of the act of 1872 containin, the repealing words, and 1 am not willing to say thatit would be inconsistent with anything leftin the remain- ing sections to hold thatthe Leyislature intended that the act of 1809 should be left in force as to offences com- mitted against or under the act of 1869 before the passage of the act of 1872, But I have no right, judicialiy, strike ont or disregard the fifth section of the act ot 1872 and with that section in_ it, without any saving clause in itas to prior offeaces, I repeat, admit or assume that the act of 186918 inconsistent with the act of 1872 as to offences committed atter the passage of the latter act; that is, tat both acts cannot subsist or continue in force After the passage of the latter act, and it inevitably fol- lows that the latter act repealed the former act as to offences committed before the passage of the latter act. His Honor cites @ large number of authorities in the course of his able argument, and, iu conclusion, says that he discussed the questions involved with an elaborate- ness which would have been inexcusable in almost any other case. There must be judgment for the prisoner on the demurrer, and he must by discharged." Assistant District Attorney Russell asked for a day's delay to investigate whether or not Rosenzweig could be detained, and Mr. Ira Schaier insisted that the decision rendered entitled the prisoner to an unconditional dis- charge, and instanced the Hartung case, in which he a nd succeeded in securing the re- it under similar circumstances. that there could be no stay to a final order, to which Judge Sutnerland assented, and directed the clerk to enter his opinion on the records of the Court and allowed the District Attorney time until to-day for further action in the premises. BUSINESS IN THE OTHER COURTS. SUPREME COURT—CHA KBERS, Green Not So Green After Ail. Before Judge Barrett. Time and time again motions have been made to pun- ish Comptroller Green tor his frequent disregard of the orders of the Courts. Somehow these efforts to place the head ot our city exchequer upon the common plane of ordinary mortals as regards responsibility in legal pro- ceedings have proved of no avail. Mr. Green has not yet seen the inside of a prison, nor has he been mulcted in any fine, of been made the subject.of any penalty. He still snaps his fingers at the orders of the Court with the same unyielding audacity, and only yields when pushed to the wall. ‘The last eflort to punish him for contempt of court was made in this Court. ‘andrew H. Green,” called out lustily the court officer, a eall to which there was no response, but which evoked general laughter. “I move tor a precept to commit Mr. Green to prison for contempt of court,” immediately added Mr. C. P, West, & prominent counsellor of the Court. “In what case?” asked Judge Barrett, showing very clearly that several cases in which there was a possible likelihood of such a motion being made were fresh in his reollection. “in the case,” answered Mr. West, “of the order made by the Court regarding payimen. into court of the amount oi the award to unknown owlers in the matter of the Boulevard opening, of which Messrs, Seaver, McClave and ‘fraphagen were the commissioners, Afier the award had been made an order was entered by this Court direct- ing the payment into court by the Comptroller of the amount ot this award.” “When was the order made ?” interrupted Judge Bar- rett. “On the 3d of last June, and from that time to this no srenucn whatever has been paid to it,” replied Mr. est. 5 “For the good reason.” broke in Mr. Forker, Assistant Counsel to the Corporation, “that he has got no money.” “He had it when the order was entered,” tartly re- sponded Mr. West, “and if he has not got it now it is his duty by statute to raise it on bonds.” would like to have the cage stand over a while,” pleaded Mr. Forker. alr, Green shou d be here himselt to-day,” added Mr. owe also msisted West, “He knows very well that the order to show cause why he should not be punished for contempt in this mattcr was returnable to-day.” ‘After some further discussion Judge Harrett, who con- ceded that the order, though granted” ex parte, was a proper one, and that there was no way tor the Comp- troller, as far as he could see, to avoid conforming with the order of the Court, granted the grace asked for. On the case sibsequently being called up Mr. Andrews, another of the assistant counsels to the Corporation, stated thatthe Comptroller had paid the money as di> rected by the order of the Court, Of course this ended the matier, “so vou did not anite succeed in getting Mr. Green into Jail,” said a gentleman, alter the proceedings had termi- nated, to Mr. Wes: “I didn’t expect to,” answered Mr. West. “But this is the only way to manage hi Push him to the wall, wita a jail in prospective, and hell pay, and noi before.”” Decisions. By Judge Barrett. Hodgeman vs. Goodwin et al.—Mr. Marvin W. Butler will be appointed recelver upon filirg a bond, to be ap- proved by one of the Justices of this Court, with two sureties in the penaity of $60,000, Barry vs, Mutail Late Insurance Company.—Injunc- tion atid order to show cause grantet. Meyers vs. Meyers.—Keport confirmed and judgment of divorce grante Grécenecner etal. vs. McNamara.—Memorandum for counsel. In the Matter, &c., of Norwood, Receiver, &c.—Motion denied, with $10 costs. Lambrecht vs Sinith.—Application denied. Treadwell vs. Pomeroy et al.—Motion granted, without rejudice. P'Grane ve. Jeffords.—Default opened upon payment of $80 trial fee aud $10 costs of oppusing the motion within five days. The judgment and all proceedings thereunder to nd as security. mith et al. vs. Williams.—Motion denied, with $10 ts, to abide event. in the Matter, &c., of Hummel.—Order granted. SUPERIOR COURT—"ENERAL TERM. What is Railway Negligence and Do the Gourt of Appeals Know the Lawt Before Judges Barbour, Monell and Freedman, Robert Squier, Administrator, vs. The Central Park, North and East River Railroad Company.—The plaintaff not long ago, for the death of his infant son, recovered $5,000 in a suit against the defendtani’s company, and the latter moved for a new trial. During argument by Mr. Oakey Hall for the company, the Court intimated that the bov who got killed was presumptively carefol of his life, To this the opposing counsel demurred, stating that Co: I if there was any presumption on ‘the subject it ought to be that an average New York boy was not only reckless of his own life, but of other lives while in the street. Juage Barbour, in regard to another intimation of Mr. Sherman for the boy’s father, in quoting Y remarked that the Justices of th made rapid adjudication, had little vacation, fore, their decisions were to be scruu: question argued was whether or not a sidewalk bystander ‘was bound to look up or down the street before he started to cross when a vehicle was approaching, or could even recover damages it he run in front of horses without looking. Many decisions were read each way, showin that the law seems to hold foot passengers to stringent carefulness if coming across @ street when a railcar is regularly travelling, and citizens will take notice. SUPERIOR COURT—3PECIAL TE Decisions. By vanes Sedgwick. National Park Bank vs. The New York and Housatonic Railroad Company. Order’ overruling detendant’s de- murrer and for judgment, with costs, &c. Cox vs, Washburn.—Motion denied. Benito vs. Cucalon.—Order modilying injunction. Ceeal et al ve, Clements.—Order of reierence. Clements aud Another vs. Jones and Another.—Order moditying injunction, &e. Wahlg vs. Sharpe and Kallinger vs, Stattnecht.— Orders granted. COURT OF COMMON PLEAS—SPECIAL TEAM. Decisions. By Julge Larremore. Swan va Swan.—Divorce granted, and allmony fixed at $i per week. Parinlce vs. Parmlee —Report confirmed and judgment of aivorce granted to plaintf, Raisheck vs, Raisbeck.—Defendant’s attorney must have notice of the application tor judgment. Meruni vs. Gress, —Detault opened ont payment of costs of motion and cause ordered on day calen tar. In the Matter of The People, &c., vs. Connor.—Applica- tion granted. Loew. By Judge Collins vs The Philadelphia iron Diking Company. Motion to open desault granted on payment of $10 costs. Fiske vs. Terrell.—Motion denied. (See memoranduin.) By Judge J. F. Daly, Averell &. Patterson.—Motion to place cause upon short calendar denied, without costs, MARINE COU T—P.AT I. A Moving Suit. Before Judge Joachimsen. Knowiton vs. The New York and Harlem Railroad Com- y.—The plaintiff states that in March last, being about tomove from Mount Kisco to Harlem, he called at the office of the defendants in this city and engaged a freight car to carry away his household goods, witb the arrange- ment that the car, instead of being brought down to the depot at Forty-seventh strect, should be dropped at 100th street, Bull's Head, so as to be more convenient to his Dew Home, in Udth'street. ‘The car was furnished on the Tut of April_and the furniture packed, arriving at 100th street on the evening of that day, but on the plaints coming there, on the morning of the bar he’ found his car “standing — between” stock cars and against the cattle pens in such a position as that be could not get at it, and that itremained so until the morning of the 34, when, on proceeding to unload, he found that the car had been broken into and about $100 worth of clothing and silverware. abstracted... For the value of this property he brings the present action. The evidence on the part of the defence is that on the appiicadon being made it was stated to plaintift that Such a thing would be itregular, aud that the reputation of Bull's Head was such that it wo be unsafe to leave any property there; but tl on plaintiff stating that he would take.all the fiskand remove the. property early in'the morning leave was granted; that "io application was made by fimon the 2d for the property, oF to have the car moved into a more convenient p jon, and that the ‘toaswas caused entirely through plainii’s own negligence. ¢ Court charged the jury that if the defendants re- ceived the plaintiit’s goods in the usual mode they were liable for its saie keeping untila reasonable time after its arriv re for plaintii® to take them, and if its guch that plaintiff could not get atit they fo for such care of itas a reasonable man Would take of his own property until such an opportunity should be afforded; and further instructed them that no ability existed ior ihe safety. of tho silverware unless be Bey had notice Bat eed senoles were in- elud amon, he property to be transported, The jury rendered & verdict. in favor of plaintift for A motion was entered for a new trial. For plaintiff, Charles Mott; for defendant, Elliott F. Sheppard, TOMBS POLICE COURT. Watch Stealing. Before Judge Morgan, On the 16th of Septomber last John and Thomas Me- | Nichol were walking through Washington Market, John bad his pocket picked and @ gold watch worth $140 way. His brother Thomas saw the transaction, ut Was unable to arrest the thief, Yesterday Officer eDonald, of the Third ‘rested Th ris, ‘mxteen, who was identified by Tho Nichol as the person who stole his brother's watch. Morris was held in $1,000 bail to answer by Judge Morgan, Stabbing Case. James McGonigal, of No, 123 Mulberry street, was ar- raigned on a charge of assaulting John G, ‘ chutte, of No, 50 Pike street, with a knife. Schutte was cut very se- yerely in the left side, The prisoner was held in $1,000 bail to answer. Chasing a Watch, William Clark, 4 liquor dealer, of No. 78 Amity street, was arraigned on the complaint of William Ferguson, of No, 852 Lexington avenue. Poreuson, wills riding on @ the 61) taken Fourth avenue car on of November last, had a gold) watch worth $75 stolen from his. vest pocket. He put the case in the hands of Detective Tully, of the Central Office, who the watch to ove Nasemith, an Snarayer, doin; ‘At No. 65 Nassau street mith had received une it from # jeweler named Cockburn, ot No. 244 Mulberry street, who leit it with him with instructions to have the name of Ferguson, which was on the cap, eraced and cha: substituted. Cockburn had received it from rk, the prisoner, who offered it to him for sale for $45, On the testimony of the witnesses Clark Was com- mitted to answer in $2,000 bail. COURT CALENDARS—THIS DAY. Surreme Covrt—Cincvir—Part 2—Held by Judge Van Brant.—Nos, 2144, 2534, 8443¢, 1210, 424, 1278, Sk5s,, 1302, 1490, 1818, 1820, 1822, 1524, 1528,°1332, 1542, 1350, 1852, 135424, Surgewe Count—Cuamerns—Held by Judge Barrett.— Nos. 274, 48, 49, 61, 63, 89, 123, 12334, 124, To 163, 190, 191, 237, “tad, "248, ‘SurEmon Cooxt—Part 1—Held_by Judge Curtis.—Nos. 1309, G61, 34354, 789, 96, 509, 395, 777, 679, 723, 829, 619, 655, 7,319." Pair 2—Held by Judge Van: Vor , by ‘st. —Nos. 772, S00, 1320, 278, 804, 13:1, 722, 732, 608, Tid, 514, 740, 558, 748) Count or Common Pivas—Trian Term—Part 1—Held by Judge Robinson.—Nos. 1494, 2011, 2012, 2245, 2424, 806, j, 2430, 2375, 1945, 1682, 68, 3397, 2260, 2524 MAnixx Court—Part 1—Held by’ Judge Joachimsen.— art 2—Held By Judge Gross.— , 2793, 2 SAL, 2507, Pirivw ‘a ara 2466, AND, 4 2103, 2573, » 2 2 2858, 2874, 2444, 2016, 2952, 2898 Gxxeiat Sessioxs—Held by Judge Josiah rhe People vs. Edward Kenney, robbery; va, Daniel Murphy, robbery; Same vs, Thomas Finley, Christopher Duniigan and Thomas Whithnore la evs, Robert Kelley, grand larceny ; ax Sherwoo), grand larceny; Same vs. alias Hanion, larceny trom the person ; Fame vs. William Lawless, larceny from the person: Same vs. Daniel Mahony, larceny {rom the person ; Same vs. Mary Johnson, larceny from the person; Same vs. Hyman Copperman, receiving stolen goods; Same vs. obert Saunders, attempt to iudace perjury. BROOKLYN COURTS. SUPREME COURT—SIRCUIT. A Transaction in Wines—Action to Re- cover $49,000—A Question of Storage or Sale, Before Judge Barnard. Henry A. Richard has brought suit against Isaac B, Wellington and others to recover the value of some wines, amounting as plaintif® clalins, to about $40,000 ‘The parties are from New York. It is claimed by the plaintiff that he delivered the wines to the defendants, who were to store them for him in their bonded ware- house, but that they subsequently appropriated the prop- erty t0 themselves. ‘The defendants deny this allegation and say that they received the wines with the understauding that after a thi that aiter the wines they did agree to buy ume tO settle up there Wasa differ- rice, The defendants wanted a deduction ence as to the for storage and shrinkage. It seems that there Was an interchange of notes be- tween the parties and this has added to the complica- tions of the case. The trial has occupied ali of yesterd: but will probably be concluded to-day. CITY COURT—TAIAL TEAM. Perils of the Street—Suit for $5,000 for a Run Over Casualty—Equine Eccen- tricities. Before Judge McCue. Ann Meany, an old lady, sued James J. Noyes, of Mon- tague street, to recover $5,000 damages for injuries alleged to have been received by being knocked down by a team of horses belonging to the defendant, Tue plain- tiff’s story was thatshe was crossing Remsen strect, at Clinton, when the horses, which were driven by a Colored coachman named Johnson, suddenly wrned the corner of Cunton street and knocked her down. The carriage, however, did not ran over her. She received a fracture of one of her wrists and other injuries, which confined her to the hospital fora month. ‘The horses were qui.e spirited ones and Were being driven at a rapid rate, ‘The coachnan Johnsou swore that he shouted to Mrs, Meuny ty get out of the wav, and that while tn the act of crossing she teli and thereby sustained the injuries com- plained of, He emphatically dened that either of the jorses had struck her. In order to rebut the charge that his horses were fast trotters Mr. Noyes stated that one of them had formerly been used ay a stage horse and that the other was driven betore @ butcher's cart. Counselior Thomas E. Pearsall became somewhat facetious while summing up for the plaintiff, and en- tered into a brief discussion of equine eccentricities, He insisted that if there was anything a stage horse liked to do it was to run over old women, and, as ior butchers’ horses, why, their sole delight was to turn street corners atsharp angles, swing the carts out into the centre of the street and run over everybody they could get at six of the jury, however, tailed to appreciate the subtle.y onthe Counsellor’s’ humor. There was adis- agreenient and the jury was discharged. COURT OF APPEALS CALENDAR. Axnany, Nov. 12, 1873. The following Js the Court of Appeals. day calendar for November 13:—Nos. 75, 78, -4, 19, 18, 45, 68, $3, THE JEASEY KIDNAPPING CASE, Intense Indignation Throughout Jersey City—Extraordinary Action of a Police Justice—The Alleged Kidnappers Let Loose and the Injured Man Held in Cus- tody—The Case in the Supreme Court. It would be impossible to exaggerate the feeling | of indignation throughout Jersey City at the ont- Tage perpetrated upon a peaceable citizen by a New York gang, as set forth in yesterday's HeraLp. Nothing that has occurred within the past decade created such excitement, not even the malefeasance trials. Yesterday morning, when the case was called, the Police Court was crowded. Pinkerton and his companions Meehan and Schildge were present, as well as Bowe, the sufferer im the case, accompanied by his counsel, Norman L. Rowe. Oficers Eaton and Whinyates testified to the outrage and their interference with the gang. Pinkerton and his companions attacked and tried to tear Bowe from the grasp of the officers, when Whin- yatesheld Bowe. Eaton collared both Pinkerton and Meehan, and, in spite of all the bluster and threats of the latter, dragged them to the station house. OMcer Eaton’s pluck and promptness was tne subject of general admiration, Peter Emerson, a boarder in Bowe’s Hotei, who witnessed the struggle, was placed on the stand, and he testified as follows:—I was playing an instrument in the barroom and heard scuffing; I saw Bowe being dragged’ towards the door by five men, the three in Court here and two more; they dragged Bowe out to the sidewalk and then all five drew revolvers and flourished them about; they seemed to be very much excited and pulled their pistols out and put them back again several times; bowe grabbed the railing at the corner of Montgomery and Green streets, but was puiled away by the detectives; I imterfered, and Meehan toid me lie would blow my guts out if | didn’t go away; every man of the detectives had a revoiver; Schildge ointed his revolver at me also; all the men were in the barroom together; have seen Schildge ju Bowe's place several times during thé Sainmeéf, This witness’ statement was corroborated by Gus Phillips ana Henry Bushnell. Pinkerton and Schildge, two of the accused, were then heard in their own defence, They stated that they heid requisition for the arrest of Bowe, but Schildge contradicted himself in many important parucu- lars, He said he was engaged in the case by Dis- trict Attorney Pheips, and had obtaiued the requi- sition within two days, whereas on examination it was found the sagen bore the date October 5. Schildge, at this exposure, stammered and hesitated, and there was quite a commotion in the court room, Mr. Rowe, the counsel for Bowe, then arose, and, addressing Justice Seymour, said:—“If the Court please, the residents of Jersey City have been star- Ued. These men came over here jor the purpose of dragging @ citizen to New York without color of patti oi Be Mr. Bowe a good ora bad citizen while in New York, it is not proved that he 18 a pad citizen of New Jersey, By these men’s own ad- mission they have been guilty of kidnapping Mr. Bowe, who is a citizen of this city and owns tho’ sands of dollars, Mr. Bowe has been ia New York day after day; he keeps a hotel here openly; it has been proved that Scnildge has been in his place a number of times and that the requisition is a month old, and yet, in broad dayligut, five men come over here and drag him from his house like @ felon, Idemand that Bowe be brought before this Court and his charge against these men be taken. Mr. Bowe then enterea charges of attempt at kidnapping, assault and battery, disorderly con- duct and carrying deadly weapons agaiust Pinker- ton, Meehan, Scmidge and Curtin, and they were accordingly committed for further examination. A HERALD reporter called to see them at Police Headquarters in the aiternoon, but was informed by Captain McHorney that Pinkerton and his gang had been released by order of Justice Seymour, “What is the amount of ball, and who are the bondsmen?’' the reporter asked. “I don't Know anything about it,’ was the reply. Pre same question was put to Inspector Murphy and asimilar answer was tendered. In view of the severe penalty attached to the crime of kidnap- ping, the bail in such @ case should be very beavy, yet there is no record of bail, To aggravate the situation stil more, Bowe, the injured man, is still held in custody while his assailants walk scot free, Mr. Rowe, the counsel in the case, pro- ceeded to Teuton and obtained a writ of habeas corpus from the Supreme Court, The examination will be continued this morning. Mr, John Cullen is now suffering at his residence, No. 7 Grand street, from wounds inflicted on him by Pinkerton. ‘The latter clutched him, battered him on the head with the butt of a revolver, and then violently thrust the muzzle of the weapon against his nose. When Cullen appeared at the ones station his face was covered with blood, and e preferred a charge of atrocious assault and bat- tery against Pinkerton, but he states that Captain McHorney refused to entertain the charge. Ifhe recovers he willlay the case before the Grand Jury. Henry J. Dillon was struck by Schildge, who placed a revolver to his head and threatened to shoot him. Dillon preierrea a charge accordingly, and he states that Cap!ain McHorney not ouly re- jused to entertain it but insulted him, Dillon then applied to Justice Seymour, and that gentleman also refused to receive the charge and act upon it. Ex-Chiet of Police Fowler, who witnessed the struggle and checkmated the gang, states that a greater outrage was never perpetrated in all his experience in Jersey City, ut for the pressing manner in which he set the case before Justice Seymour, he believes the whole gang would have been discaarged, As the Grand Jury for the present term have been discharged the case cannot be investigated till the January term. THE TORPEDO BOAT LAUNCHED. - Ph OE The Alarm Put Afloat at the Brooklyn Navy Yard—Distinguished Spectators. Shortly after three o’clock yesterday anew tor- pedo boat, constructed from designs by Admiral David D, Porter, was launcned at the Brooklyn Navy Yard. Although no actual christening took place, It is understood that the vessel will be known as the Alarm, Admiral Porter, who came on from Wash- ington to witness the launch, was accompanied by Captain Jones, of the English Navy. The latter gentleman is attached to the Britisn Legation at Washington, and has been specially detailed to examine into all Improvements that may be made in the Navy Yards of the United States and applieq4 to American war vessels for the benefit of his government. And perhaps it may be as well to call attention to the fact that while the American government has scarcely one oficer abroad watching the progress in European navies, England and other countries keep their best naval ofMcers here and elsewhere to find out and report every improvement applied to navai vessels of the United States as fast as they are made. Among those present at the launch yesterday was Admiral Boggs, together with a number of other officers, inciuding Chiet Naval Constructor Hanscom. The Alarm is constructed entirely of iron, with double decks and water-tight compartments, She is 170 feet long, 28 feet beam fud 11 feet deep, The draught of the vessel is 5 feet forward and 7 feet aft. Her actual capacity in tonnage will be 450 tons. The upper deck will be covered with steet plates, with a wooden deck above that. The en- gine power consists ol a pair of compound engines, connected with a patent propeller, which, in addi- tion to driving the vessel, has also the office of steering her, A rudder, however, will be titted in case of accident to this apparatus. The boilers will be four in number, and are calculated tora pressure of about eighty pounds ofsteam. There will be no “starting,’? “stopping” or ‘‘backing,” as all this duty is performed by the steering appa- ratus in the bands of the pilot. The armament will consist of one guu in the bow ot the vessel, but 1¢ has not yet been decided whether it will be a twelve-inch rifle or an ordinary filteen-inch gun. She is altogether a curious looking craft. The bow extends out below the water about thirty feet, from which still iurther projects a torpedo Spar, which will be worked in and out by appro- priate machinery. There will also be two other torpedo spars extending from each side, which will be woiked in the same way. 1t may be mentioned that the forward part of the vessel is encased in wood, with thick armor plates, There will be no masts or sails for the vessel. What is considered an important feature is the fact that she is fitted with water-tight bulkheads extending across the vessel, so that incase of accident or injury the remainder of the vessel will float. As soon a8 her machinery is completed she will be taken to the Washington Navy Yard and fitted with her torpedo apparatus and kept in readiness for any emergency that may arise. A vesse} similar iu dimensions is at present in course of construction at the Boston Navy Yard, which, however, is to be operated by a duplex screw worked by the ordinary machinery. It will take about three months to complete the two vessels. It is said that the Alarm will possess facilities of hanaling by means of her propeller such as no vessel has hitherto had, She has been constructed entirely from designs by Admiral Porter, and whatever credit may attach to her belongs solely to the officer under Whose auspices she has been constructed, AN ITALIAN FRACAS, ———+ A Deadly Quarrel Among Laborers—One of Them Kiiled—The Perpetrator in the Tombs. Yesterday afternoon Coroner Keenan held an in- quest in the case of John Ottyno, the Italian, re- cently living at No, 5 East Eighty-eighth street, whose death was caused by a stab wound of the groin, inflicted with a knife in the hands of Mellio Bartolomeo, also an Italian, on the night of the 2d inst., in front of their boarding house, There ap- peared but little or no provocation on the part of Bartolomeo to justify him in using the knife, but when the case comes to trial itis possible the ac- cused may be able to show partial justification for the act. Below will be found the most material portions of the testimony elicited, Fernandez Walz, of No. 5 East Eighty-eighth street, deposed that he and others on Sunday even- ing, the 2d inst., started from Bleecker street to go home, and in Madison avenue and Eighty-eighth street met the prisoner, who ran against the de- ceased, and some words passed between them; they passed on to the house in Eignty-eighth street, followed by the prisoner, who struck at de- ceased with sometiung in his hand and then ran away; deceased then cried out that he bad been stabbed, and on going in the house he had blood on his elothes. Join Peaice Butt, living in the same house with the previous witness, testified that on the night of the stabbing he, the deceased and anotier man got of a Madison avenue car at Eighty-sixth street, and, walking up to Eighty-eighth street, met the prisoner, who spoke to the deceased and they ran against each other; the deceased told the risoner to step back; they then went on home, at No. 5 Kast Eighty-cighth street, where prisoner had something bright in bis hand and struck at the deceased; the latter then cried out that he was stabbed and the prisoner ran away; there were no blows given except that struck by the prisoner. Officer O’Donneil, of the Twenty-third precinct, deposed that he arrested the prisoner as he was running through Madison avenue, and taking him back to the boarding house was there told that the accused had stabbed the deceased, Wooster Beach, M. D., who made a post-mortem examination on the body of the deceased, testified that he found a stab wound of the groin, the steel passing inward and wounding the intestines, death resulting from peritonitis. The case was then given to the jury, who ren- dered a verdict against the accused, and he was committed to the Tombs to await the action of the Grand Jury. Bartolomeo, who is thirty-one years of age, denies his guilt, and says he had no knife on the night Ottyno was stabbed. The witnesses were sent to the House of Deten- tion, but may be released on bail. | He told Dillon to call on the following morning. HINDOO THBISM. Farewell to Mr. Sheshadri, the Brah. min—Interesting Sketch of the Many Gods of India. Last night a congregation gathered in the Church of the Pilgrims, Brooklyn, to hear a farewell ad- dress from Mr, Sheshadri, the Brahmin delegate to the Evangelical Alliance, who leaves this country on Saturday, Alter religious services and an appropriate in- troduction Mr. Sheshadri gave an interesting and intelligent compendium of Hindoo Theism, He described the character of the four sacred books of India—the Vedas—each of which has two parts, comprising prayers and precepts of the gods, There are three superior gods in Hindoo Theism— namely, Brahma, Vishnu and Scinde, The former existed for ages in a state of unconsciousness as @ principle, Known as Brahm, When he vecame conscious he began to create, but could not do anything without the sacred books which had been stolen by a great giant who had hidden himself in the depths o/ the ocean, Vishnu therefore became incarnate in a fish, and dis- covered the giant’s hiding place and recovered the sacred books. ‘This second god then became a tor- toise, and, according to Hindoo belief, now bears up the world which Brahma created. Nine inear- nations were thus taken on by Vishnu, and the tenth is yet to come, and then will begin the ah bi of Scinde, the destroyer. he trinity of Hindoo gods represent the creator, the preserver and the destroyer. Brahma, the crea- tor, having committed two great sins, has been deprived of Worship and honor. There is only one temple throughout the entire peninsula devoted to his worship, This is at Cape Comorin, Vishnu and Scinde are the gods worshipped, The latter takes on eleven incarnations. Budah and Jug- gernaut are incarnations of Vishnu, | The jour forms of worship prescribed for these gods are the eiementa!, the philosophical, the incarnations, and what may be termed the les get stitions, in ‘which pilgrims travel thousands ef sIniles to do homage at tke pet of the gods 0! ‘old and silver and wood and stone, - Mr. Shesiadri gave a brief sketch of his own con- version aud the incidents that led to it, and aiso ol the character of his work fn India, after which a collection was taken up in beball of bis Dative | ties, $2,219} mission settlements. 5 BILLIARDS. The Slosson-Daly Match at Chie cago for $1,000. Young New York Beaten by Younger Chicago— Daly, Giving 100 in 600, Beaten by 7. CuIcaco, Nov, 8, 1873. This evening, by way of introduction to the tournament, which commences on Monday aftere noon, we had a match at the French game between Maurice Daley, of New York, and George F. Slos- son, of Chicago. Slosson nas been considerable of a “rolling stone” in the profession for one just out Of his teens, but has settied in Chicago and, having sown his wild oats in honestly, earning a reputa- tion, He was born at Watertown, N. Y., and, Previous to his coming West, was best known by his success im the Rochester tournament and his complete wiping out by Frank Dennison, who was subsequently extinguished by the ‘bald-headed man of destiny,” Cyrille Dion. At Chicago he played two matches with Jehn Bessunger, wine ning one and losing one, and displaying good nerve and much ability in nursing. These games were played on 4 small sized carom table, with four balls, and g0 did not attract or deserve attention as affording any evidence of good play. A few weeks ago he beat Bessunger terribly at the same game, then turned his attention to french billiards and scored his maiden victory over Jacob Shafer, of Indiana- polis, His friends flying at higher game, proposed tomatch him against Cyrille Dion or Maurice Daly, at odds of 100 in 600, and the latter accepted the offer and madea match for $1,000. Though Slosson had displayed good nerve, some strategic power and decided ability at nursing, he was not considered anything of a match for Daly even at the odds given, and the yousg New Yorker was backed at $109 to $60, There was but little betting. The attendance was good, including all the cele, brities who are to figure in the tournament nex6, week. Pretty good order was maintained, THE GAME, Joe Dion, acting as umpire for Daly, and ‘Domp” Rhines for Slosson, with @ local amateur in the referee's chair, play commenced at half-past eight P. M., Daly winning the lead and choice of balls, and taking the white. He failed to count, however, and Slosson broke the ice with a 4, On the sixth hand Daly got well to work with a 32, realized from an unprom- ising position, and two hands later he scored 22, winding up with a bad missand leaving the valls to Slosson, who made 19, and a misscue. The game lagged considerably to tbe fifteenth inning, when Daly, with a neat but easy run of 14, turned his first 100—109 to 51—naving more than half made up his leeway. Play was of the churchyard order of architecture to the twenty-fourth inning, occa- sionally relieved by a brililant shot, Daly doing the vest of the playing. Here, however, Slosson put in avery decent 30, marked by good nursing, an following with 12, turned his string—106, withou' odas, to 142, With the twenty-ninth hand com- menced some good spurting, Daly getting in 13 and 82 and his opponent 12, 25 and 14 in succession, Slosson making sowe dificult and daring shots, that were deservediv applauded. He was playing & remunerative game, as he did not once fail to score between the twenty-second and filtieth innings. On the thirty-flith inning— Daly, 196; Slosson, 182—Slosson left the balls for Maurice, who scored by neat nursing 44. At 43 the balls froze, but he couated on the spot, Hat jumped his bali trom the table at his next attempt. Arun of 20 next hand still further increased his score, the call being, “Daly, 260; Slosson, 188,’? Siosson with an indifferent iz entered his third string, but in the Jorty-first hand the Gothamite came like a racehorse to the delight of his friends and with successive runs of 17, 32, 14, 22, 8 and 26, passed and left Slosson, who mean- while was pegging away steadily, on the principle that many a little makes a muckle, At the end of the forty-sixth inning the score stood, Daly, 394, Slosson, including his odds, 3845. No betting. Daly now tell away notably. In the next nine- teen hands he only made 27 points, failing to score eight times, his luck betng about as bad as his play. Slosson, coming up with a well put together 36, regained the lead in the fiift, jJourth inning and drew steadily ahead, playing cautiously but with admirable nerve. On the sixty- sixth hand Maurice got 21, concluding with a badiy missed draw. Score—valy, 442; Slosson, including his odds, 482. Five hands later the New York boy got 14, but Slosson’s answering breaksof 19 and 42—the latter obtained in a very workmanlike manner—increased the gap, the game standing— ale, i Slosson, 560. With Slosson in sight of home and almost as far ahead as at the beginnin, of the game, the ex-champion ralited and layed somewhat in his old form, A fine 34 brought tum to 622, though Slo-son got within 14 of game by a 12, obtained by an undoubted and unqualified scratch, Daley then put up 82 and 8, obtained trom most unpromising situations, and in the eighty-fourth hand got in 15. Siosson, 589; Daly, 577. The West- ern player was playing Safety and watching for an opening and the game promised to be as exciting a8 the famous contests at New York between Cyrilie Dion and Jonn McDevitt, or Joe Dion and Melvin Foster, The New Yorker, however, never could quite get up, and on the eighty-eighth inoing was dejeated by 7 points, SUMMARY. Kinaspcry Hat, Cuicaco, Nov. 8, 1873.—Match between Maurice Daly, of New York, and George F. Slosson, of Chicago, for $1,000; 600 points French caroms, With 234 inch balls on a 5x10 carom table. Siosson receiving odds ot 100 points. Umpires—tor Daly, Joseph Dion; for Siosson, Henry Khines. Releree—an amateur. Marker—., Pierce. Won by, | Slosson—s00 to 693. Winner's average, 5 60-88, Loser's average 6 65-88. Largest runs—Daly, 44, 34, 32, 32, 32, 32; Slosson, 42, 36, 30, Time of game, four hours 20 minutes, Score :— SLOSSON—4, 0, 3, 8, 1, 0, 0, 19, 2, 2, 4, 0, 1, 5, 2, 2, 0, 1, 2, 0, 1, 0; 7, 30, 12, 2, 3, 4, 12, 25, 14, 5, 6, 5, 4 2, 1, | 4, 12, 5, 7, 5, 8, 9, 1,'10, 7,3, 5, 0, 16, '6,'2,'36, 0, 6 1, 0 1, 8, 7, 3, 1, 2, 9 4, 2, 2,9, 19, 42, 0, 4, 1, 1, 1, Ty with the caas—svo, 2, 0, 22, 1, 9, 7, 0, 0, 9, 14, 1, 0, 13, 1, 3, J, 8 0, 8, 2, 2, 0, 1, 8, 13, 82, 0, 0, 5, 0, 44, 20, ¥, 0, 5, 1, 17, 82, 14, 22, 8, 26, 5, 1, 3, 0, 6, 1, 0, 0, 0, 1, 3, 0, 0, 1, 1, 3, 2, 0, 0, 21, 0, 2, 5, 6, 14, 4, 4, 1, 1, 5, 4, 0, 84, 0, 82, 8 0,15, 6, 0, 3, 7098, REMARKS. The game showed that Slosson possesses very good nerve. He nursed weil, did some good pos- ition play and showed fair abilities as a general, but, though a promising player at the game, he cannot be ranked in the same class as Daly. Maurice's game was very uneven, thongh in the middie he displayed some of his old-time tire, and at the finish he came with determination and skill, Luck was against him, however, and so was the table, which was by a local maker, and consider-* ably faster thau that upon which ne is accustomed to play. THE TOURNAMENT. commences on Monday, and will probably finish ow or about the 20th, As there are eight entries, twenty-eight games have to be played. The games | are 400 points, French, with 2% inch balls, on a 6x10 carom table. The prizes are im money, ag- regating $3,000, divided as lollows :—$1,000, $650, 550, $450, $350. One drawback is the fact that the ‘tables of no less than four makers are to be used, seven games being played on each. The en- tries are Albert Garnier, Joseph Dion, Cyrille Dion and Maurice Daly, of New York, and Francis Ubassy, John Bessunger, Peter Snyder and George Slosson, of Chicago. The betting on the result may be put into pool form as ply Ered $20; Garnier, Cyrille Dion, $10; Daly, $7; Joseph Dion, $5; Bessunger, $3; Slosson and Snyder, Joe Dion is considered to be in the same ‘stable’? as Usrille, who carries the money, and so is not believed itkely to come out as he might were he playing for any other reason than to assist Cyrille. sessunger would not surprise me were he to finish fourth or third. THE OOUNTY CANVASS, The County Canvassers reassembied in the Court House yesterday, The Tammany Committee was promptly in its place, The discrepancies between the Supervisors’ and the County Clerk’s returos were not so many in number as on the previous day. In the Second Flection district of the Third Assembly district the return of the former gave Van Brunt 66 and that of the latter sae am boa 4 acce . - Fae Soper tre cn Bloventh, Fifteenth, Six- teenth and Seventeenth Election districts of the Third Assembly district were not sealed, and the re sent for to properly seal and en- corse trea © The Thirteenth district's return wag ci a was laid on iS EpaTIBO. Vance ‘at this point asked to be al- lowed to make a motion for rescinding his motion of the preceding day in regard to the publication of the results in six city papers. The jaw, he had found, authorized the pu' lication in only two papers, and those the largest in circuiation, s carried, mane canvas was then proceeded with and con. tinued notil nine o'clock P, M, 1 will be resumed again to-day. ‘ THE CITY TREASURY, Comptroller Green reports the following payments into the city treasury yesterday:—From taxes of 1878 and water rents, $160,733; from arrears of taxes, assessments and interest, $16,743; from collection of assessments and {nterest, $33,710; | from market rents and fees, interest on bond and mortgage, &c., $1,240; lor water rents and penal+ from licenses. Mavor’a ofice, £78) \ Total $213.74,