The New York Herald Newspaper, November 18, 1873, Page 5

THE COURTS. THE TWEED TRIAL. The Case for the Prosecution Closed--- Testimony for the Defence. + Judge Larremore Decides the Taw Ap- pointing the New Police Ju tices Constitutional. Yesterday, in the United States Cirenit Court, the case of Seth Crosby and others vs. the ship Gossamer was de- 2zided on appeal by Judge Woodruff, The Judge sustains ke decision of the court below, holding that as between ‘the hbellants and the claimarts the libellants have no ten in priority of the mortgages of the claimants, Judge Woodruff has also affirmed the decree of the District Dourt in the matter of Bennett vs. the schooner John Sanderson. Yesterday Christian Lorenzo, owner of a distillery in Ninety-cighth street, near Third avenue, was hela in 31,000 bail py Commissioner Shields for examination on a ehargo of running the distillery without filing the re- quired bond, and illegally removing a quantity of spirits. In the United States Circuit Court yesterday an afM- favit was filed by J. BR. Whiting, Jr. In this affidavit it {estated that J. R. Whiting, Jr. isthe administrator of 3. R Whiting, deceased, who was the iessee of William 4. Jones and others of certain premises In this city, to wit, all the north side of half of pier No. 23 North River, ‘he southerly part of the pier north thereof and the bulk- dead between them. In his capacity of lessee Mr. Whit- ang leased these premises for the remainder of his term, terminating February 12, 1879, to George White and others. The latter assigned their lease to the New York and Oswego Midland Rauway Company, and Abraham 8. Hewitt, the receiver of this company, holds the piers sand bulkhead in question by order and direction of the Yourt. Itisclaimed that the company owes an arrear ofrentto Mr. Whiting to the amount ot $10,500. Judge Blatehford has, upon the filing of this affidavit, granted an order permitting Mr. Whiting to sue Mr. Hewitt, as reeoiver, to recover the sum mentioned. Yesterday John Brodie, atias Adam Petrie, was held by Commissioner Shields to await the action ot the Grand Jury on a charge of having sworn falscly that he owned the premises No. 111 Delancey street, when he was offer- Sug bail for one Ferdinand Rudolf. Judge Barrett, holding Supreme Court Chambers, de- mied, yesterday, an application by the recciver of the Vanton Trust Company to sell certain bonds in the suit of Kelley against the company. . ——+ dobn Garvey’s Cross-Examination Con- eluded—Payment of the King Bills— Examination of John H. Keyser—The Prosecation Closes Its Case—Motion to Dismiss the Indictment—The Defgnce Cali Three Witnesses and Then Close Their Case. There must have been some new interest infused in the trial of William M. Tweed, judging trom tne increased attendance yesterday in the Court of Oyer and Ter- miner. Aiter the cross-examination of John Garvey had been concluded, and John H. Keyser had given his testimony, the jury seeing how indefinitely the cas- Promised tobe prolonged, asked thac the Court would hald an evening session, 8 as to hurry the case to the apcediest possible conclusion. To this request of the jury. which, in fact, came rather in the torm ofa be- weeehing entreaty, Judge Duvis granted ready acquics- tence, The result was that it was ten o'clock in the evening when the day’s labors were brought to a close. CONCLUSION OF JOUN GARVEY’S CROSS-EXAMINATION, Opening the day's proceedings was recalling John Garvey for cross-examination, He made some correc- tions of his previous testimony and proved some notes from Mr. Tweed to himself, proved on tue Jast trial, mak- sng appointments with Mr. Garvey and complaining that he has notscen him, and promising that the interview shail not be unpleasant to him, ‘To Mr. Fullerton—At the time T received these letters my brother's lawyers had a claim against Mr. Tweed for collection; I suppose I may say I had those claims in my hands: I don’t know that any suit was commenced; tere may have been. a suit commenced; I 1 {tin nis attorney’s hands; I made a claim on his alf against Mr. Tweed; 1 don't recollect taking an affidavit in such a suit; 1 might have; the conversation I have spoken of with Mr. Tweed ,was about election; I made a incmorandum of that conversation ; I did not put down the date, except fall of 1871; it took place in his office; Thad been there before; 1 think I went there on Dusiness about my brother's claim and about Sampson ; I zhink. we talked about the claim; no payment was made then, but 1 think Mr. weed showed me @ papers ‘I had two or three interviews with Mr. Tweed about m¥ brother's business; my brother went away in september, and, 1 thin January tollowing; L corresponded wit 1m ude'no negotiations respecu: Ny vegotiations in my presence with 40 far as i considered, any authori ‘as present when there was ta.k abou. his co back; the person with whom the conversation was lid did not then pretend to represent the city; since then he has, that was at Mr. U'Conor’s house ; belore my brother went he sold me his Property: Ldon't know the value of at; I know what t Fave bin; I paid hin $10; it was property in New York. Q. Give’ ine more particulars, A, Well, a lot on Six- eenth street very heavily mortgaged. Q. Did 1 ask you that?” A, You asked me particulars; there were lois in 16th sireet; I suppose they were mortgaged for halt their value; I doubt whether they would bring their mortgages now; I didn’t expect to hold them forever; I sold them next day, L think, for what I gave for thein, $10; 1 sold thein to his wife; L bought three mortgages of $40,M0 each; [think I got them cheaper; think I paid $1 apiece tor them; | read my testutony cut trom one of the uewspavers; that was last week; Lsent a letter for my brother to come back: 1 sentitby @ Mr. Owen, my cousin; I did not write it in consequence of any negotiations with city and state au- thorities; | sent several letiers to St. Johns to a friend there to give to Andrew, I had to take a good deal of precaution for Andrew; he was in great danger there. Mr. Fullerton—Yes, but he has got out of that now, hasn't he To Mr. !eckham—My brother told me he had to go to Envope; bis lite was in dauger; Mr. Cook had threat. ened him in Tweed’s oilicc; ‘he was threatened by Twecd's emissaries; Roche admitted as much to me afterwards, To Mr. Fullerton—He didn’t say that he went away be- cause there were suits by the city against him; the rea- son he ave Was “to save his life,” 1 don't think he told me he hail committed any offences: he told me about en- dorsing warranis; he told me he had endorsed warrants in fictitious names by orders of the ring; he didn’t say that was an oflence; Ididn't think much about it, Thad too much work: [had read something about it in the pubhe prints, and spoke about it then; I don’t think I ‘Was on board the vessel on which he sailed. To Mr. Tremaim—He said there was a basis tor his fictl- tious Warrant, and he got what was due him; the rest he gave to Woodward togi ‘Tweed; he had to give is check for the balance before he gotthat warrant, lie salu he had to give nis check to Woodward to be de- tee in the Broadway Bank tor Tweed; he said tis asis Was 33 per cen Dir. Smith was re deposit tickets were i hun frequently ; urn; there were y person having, lied, and testified that some Mr. Tweed's handwriting, Counsel tor the defence objected (o this answering of this branch of the case. There was someihing very ‘ange in this disappearance of the deposit tickets. ‘The kK Was, intact, & party to (his suit, for on these for Warrants, if they were forged, they were Hable to the city. The Court admitted the evidence, Mr. Smith testitied that some of the deposit tickets, perhaps a dozenwor 15, were in Mr. Tweed’s handwriting; some were in Woodward's handwriting, writing of some he did not know. Fourteen checks of Garvey were offered to this wit ness, and he \dentified them ax Mr. Garvey’s checks and a8 corresponding {o entries, and as having been paid. To Mr. Root—My only knowledge that they were paid is from the marks on them; Tdidn't see them cut: | don’t believe they were all cut at the same time; I can’t aay Positively they were not r. Peckham here otlered the 14 checks in evidence, seating they conrespunded to credits of checks of Garvey deposited by Mr. Woodward in his bunk account, as shown by tlio schedule. JOHN H, KEYRKR ON THE WINKS STAND, John Hi. Keyser testified—I have done work for the city and county; [know Mr. Woodward and Mr, Tweed; T knew Watson: in 18701 made up bills against the of New York (vouchers shown. The vouchers on w ‘Warrants Were issued in favor of this witness were, it will be remembered, the 10 vouchers not stolen and warrants); Imade up bills corresponding to these war. fants, I think: some of them in_ the old Supervisors Chambers and some in my office or at hom these six I made out in the Supervisors Chambers ™my memory {s soon alter the bill for the second Board of Audit; there was an. earlier board composed ot Mr. Depew, Mr. Bonney and others; when t made up these bills Mr. Woodward, Mr. Watson and an accbuntant were present; L was told to get my old bills foxether, 1 dunk, by Mr. Wateon ; took them; they were bills running tour, five and six years old, and added 33% Per cent; this was added inon the items so as to make He footings one-third iarper; 1 made this addition at Mr. Watson's request; there was nothing suid as to the dis- Poss! of that 494'per cent; but, judging trom what had een previously done- Counsel for d I never recei ceived any of the bills this ¢ me to be in Watso of the, sonce—No, that won't do. any of these warrants; T never re- Money on these bills; [did not put on mpUtation of interest; that appears to shandwriting; the bills are not trie us to their dat the original bills were years old; in some Way they were averaged; I think by Mr, Watson; L understood the daies lad to be to come within the time on which this Board conld act; I never presented these Dills to the Hoard of Audit; Lgave no evidence of them to any member of the Board of Audit: during the de: ‘velopment of these frauds L saw it si ‘hued Rad been, pald bills; Tknew I had not been wn to see about them and found that both my receipt and iny endorsement on the warrants were forgeries; rr for copies of them and 1 understood thut iney'wrese set on the desks when the rest were stolen. fo Mr. Bartlett—These bills were, betore the add y ail fair; they had been before the Bourd of Sueseehors and the old Hoard of Audit; 1 had trequently fequested Mr. Woodward to have (ém paid; Lloit the bills with Mr. Woodward Jelayed on the ground that they had not been ed; Lexpected them to gn through the ordinary « did hot expect to Ko betore any d inyself; 4 tthe 4 percent! should not been repaid my iosses; {can't swear no one ap- red for me betore the Board jl authorized. noone to o#0; Mr. Watson had collected my bills for me largely To Mr. Tremain—If I had got this 81 per cont T should Pave been very giad, but If I hadn't ¥ot It 1 should not Jiave demurred; the practice of making an afidavit to Dills was discontianed; many of my bills were paid ‘Without n verification Counsel fog deience objected to the witness testifying to fhe signarares Deing rorge nes, On we grounG WAT It was Of ho use except to prove that Mr. Tweed was guilty of @ conspiracy resulting in a forgery or Lar ‘Vhis could not be proved on ao indictinent for neglect, as it ot be proved in Any indiciment by any bod ed had knowingly received any share of this ‘whe Court ruled that the th were not made by any one authorized to sign them was Proper s part of the history of the ailair, and allowed the inquiry in that tor Keyser said that he never authorized any one to Yen receipts orendarsed the sixteen warran ich purported to be signed and endersed by Him, ex epl one for $19,251 39, whieh he thought was geniine; this warrant was dated July 8; and ‘one other, ax to which be was in doubt; he ‘never gave Mr. Woodward any power of attorney; he did once tell him when he was going away tor a lew days thatif auy bills came im he (Woodward) should collect them tor him, Mr. Storrs was here recalled t prove that Mr, Tweed’s signature to the certificate of audit on the bills was in purple ik, while Hall's and Conuully’s siguatures were n black ink. ‘The Court then took a recess, THE J After recess th to sit irom nl RY ANXIOUS TO Get THROUGH, JOry Megwested that they were anxious A fo ten P.M. to hurry this case Davis said he would inake arrangements e n warmed and tighted tor a night seasion 0.18 £0 odate the jury, a8 he certainly did not Wish to keep them froni their business and families any longer than possibie DSECUTION CLOSR THEIR CASE. Mr. Storrs gave a little evidence about the color of the ink, and then, to the surprise of every one, Mr, ‘iremain Antiounced that their case was closed, nsel for the defence said that thik was an entire sur- tohim. Mz, Peckham had given them to under- nd that they w ny to cull Andrew J. Garvey. Judge Davis—Will you ever call Mr. Garvey? nisel tor the deience-I would as soon'call Lucifer, ‘This is a surprise to us. We have some motions to make. I for inyself have been preparing for ty part to such an extent that I was yesterday actually sick. When we closed there was no intimation of this sudden closing, Indeed we understood directly that the case of the pros ecution would occupy til this evening. Mr. Fulierton—Mr. Bartlett who was to present one point undcr that intimation, has gone to prepare himself during the agernoon Judge Davis ruied that they must go on. MOTION TO DISMISS THE INDICTMENT, Mr. Root thereupon, alter sending tor some books, moved to dismiss the indictment as to all the counts which were founded on section 39 of the statute, charg- ing in different ways a neglect to audit the balls referred to in these counts” The statute which Mr, Tweed was charged with having violated makes it a misdemeanor to neglect to perform an act required by statute, where no penalty is imposed by any other statute, His'motion, was upon the ground that a penalty for the violation of the statute which the defendant was charged with having Vioiated was contained in another section of the same statute, being a fine of $25). Mr. Root, in illustra- tion of his point, look a nice distinction, ” At the last trial the Court had ruied, on their point, that Mr. Tweed, being a Senator, could not be appointed to an office by that Legislature ; that he was merely, as a $ pervisur, charged With a cognate but additional duty. ‘ow, he'contended that the law then existing could not apply to new duties imposed by new laws. He claimed that'this was an entirely new duty. In all he did de- fendant was acting not as town Supervisor, but under the only oath he ever took, as member of the Board of su- pervisors, having additional duties by election to the oftice of president; and in reality what the act of April 26, 1870, Imposed upon him was that he should continue to periorm the duties already assumed, not with the help of the other eleven Supervisors, but of the Mayor and Comptroller, Therefore the defendant cannot ‘be con- victed tor a misdemeanor, and the only penalty for any acglect charged is a fine of $28), already provided. Mr. Bartlett, Jr., said he had anothér pomt to urge. There was no difference between the Bench and the Bar in their wish to preserve the purity of governinent, They were not there to canvass the personal or political char- acter of the defendant. People talk of @ technical de- fence—it was ihe criminal law that was technical. The deience was set up to zuard a man against imprisonment, From the days.when God ep a mark upon the first murderer that no one should punish bim unauthorized, the law Jas been technical, It was not enough for the prosecution to come into Court and relate the history of & political campaign in which blows were given and money was spent; they must come in and | hands upon a statute authorizing his convicti dictment or that most voluminous book was two points—First, non-feasance of office; fie Under the first head, that statute on has no application, __ be- is no official provision ‘impos- of $250 for the neglect of auditing duties having been imposed on “the May- ice they there iD. which rely se ing fin charged, such or, the Uomotroller, and the present President of the Board of Supervisors;” and there is a special section taxing the peglectin that officer away trom the class of misdemeanors, and providing a penalty of $260 fine. As to neglect of meeting to audit, the 1sw does not require them to hold meetings; it only says “audit.” There are five or six auditors of the United States ‘Treasury, and they don’tactas a Board. When the law said the ac- counts hitherto audited by the Board ot Supervisors shall be audited by the present President of the Board, another head of department, the Mayor, and another, the Comptroller, it was not @ iair inference that they were bound to hold meetngs. Another point was that the law could not impose on one man as a duty that three members shall ineet as a Board. Mr. Treinain here interrupted. He understood that the gentleman was intending. to argue that the law was repealed, and he was going into otuer questions. CCuneel fox the delence sald that Mr.'remain ought to be as impartial as the Judge and extend the same privi- lees to the detence ag Mr, Phelps ex: nded to Mr, Tre- on the Stokes trial, and not act as ‘hough this were a sirtt Mr, Bartlett then argued that the law defendant fs charred with misiemeano cause it has been enacted that gros punishable not with fine, as before, vu onment, making ita felony, nova’n neanor—<(reads the act'of 1863)—and His Houor has cli that the acts charged against defendant, it proved. would constitute gross trad in office, The indictment ior misdemeanor, therefore, could not stand. Judge Davis said the points raised were not without embarrassment, He was inclined (o think the Revised Siututes have provided a punishment for neglect of duty by a member ot the Hoard of Supervisors in the torteiture of $250 foreach such neglect. But the fine could not be recovered from defendant as member ot the Board of Supervisors, There was no new office created, no doubt, but the duties were not imposed on him asa member ot the Board, but ag the then President of the Board. N. new duties Were imposed oh the Supervisors, but. ‘th former power was taken away and conferred ’on the de> fendant and ty ers, Asto the point that frauds h were misdemeanors at common law were made es in State, punishable by State Prison (except mock auction traitds), the indictment does not charge that he obtained goods or chattels by fraud, but that he wickedly misbehaved in office and that brings it into the catalogue, not of felonies, but of misdemeanors. TESTIMONY FOR THE DEFENCE. The defence waived any formal opening. Wm. 8. Copeland, assistant bookkeeper at the Comp- tro:ler's office in 18/0, was the first witness called tor the defence; he described the desk at which the clerks sat as running down the centre of the room; | at the back of that desk was a sinall, ordina one, will Pigeonholes at the top, where vouchers were placed after being re ceipwed, before they were piaced in the pigeonholes under the long desk; at the other side of the room was still another desk, Where the vouchers for the past year Were pigeouholed; these pigeonholes on the large desk Were opend 3 qoute Davis asked what was the meaning of that evi- ence. Mr. Root said to prove that there were no suth vouch- ersin the pigeonholes when he leit in IS7l as those charged in the indictment, and that Mr. Tweed never signed certificates to any such vouchers. Wituess testified that it was his duty to number the vouchers from the Record of Vouchers book; the entries on the Record book were taken from the’ Audit book, where Mr. Lynes made entries from warrants; Mr. Lynes made the Warrants from claims: sometimes witness saw bim make ont a warrant and take it to Mr. Watson's room; this Was when Garvey and Keyser were present looking on; Witness heard Keyser testity that his war- rauts were torged; he must have knowi it for he was present they were made out; Keyser was there ooking over the book and must have seen the figure for which ‘his warrant was made out; wdtness has been asked for vouchers by Ingersoll, Garvey and Watson, and he them trom the pixeonholes; they were not always returned; when returned they were not in the same condition; they were generally loose, and the Comptroller's certificate and the ceriificate ‘ot audit sometimes lost; sometimes some of the pages of Gary bills would be gone; has seen erasures on the certificate of audit when the vouchers came back. Crossexamined by Mr. Peckham—Did not see all the vouchers in Courtar the office; it was after the cl had been paid that parties asked for vouchers and took them away; he did not make any remark when the certificate was wanting, but put up the voucher; witness was called for the prosecution at the first trial and then for the defence; it was while witness for the deience that he first mentioned about certiticates missing; all the vouchers he looked wt in the office had 'cer- tifcates of audit signed by Mr, Tweed, Q. When you made an affidavit look on the scheduie of 180 county liabilities and tell me that there was a certificate of audit by the defendant attached to every one ut them? A. 1 did not, sir; let me explain, (Counsel here read Witness’ affida tall the vouchers tor county liabi ties accounts tified by detendant| The witness, in reply to further questions, said he presumed every time Mr. Lynes drew uj a warrant there was a corre- sponding voucher; the warrant was made trom the Youcher and the entry m the record book from the war- rant . Did you swear to this other printed aMdavit ? Counsel tor detence—I object to asking him a question from a printed copy. Mr. Peckham—t haven't done so. For heaven's sake don't object before the question. ¢\To witness)—Did you examine Garvey’s vouchers und see that Twecd's certificate wus attac ‘ The witness replied in the negative, Peckham then real the aflidavit, which stated itness had “seen ail the vouchers. Counsel for the defence objected to reading a lengthy about the frands and the objection was overruled nsel for Defence—Will Your Honor please to grant us the benefit of an exception ? irt—Certainly, dozen if you like. ou (Mr. m) insisted of utting in that, because I told you I had seen all the warrants, but hot the vouchers. TRSTIMONY OF A. &. SMITH . Smith, Who was bookkeeper in the Broadway 870, Was cu!led for the detence and handed in d's deposits 5 es, recalled by prosecution, contra- vted a statement of Copeland, that Ke sometinies made entries on the record book from warrants without youchers attached. Counsel for defence then asked Mr. Smith whether he had not seen varvey in Court? Judge Davis inquired whut that was tor. Counsel for Detence—Garvey dreaded that 10 n ° Cross eXAULI nation as much as I did, for it was near killing me. WHEELER H, PPCRMAM CALLED AS & WITNESS. Mr. Wheeler H. Peckham, one of the prosecuting coun- sel, Was next sworn and examined, He testified that | drew up Copeland's afidavit and heard his testimony. He never heard any such statement in drawing itup as that the deponent had not seen all the vouchers. Mr. Peckham to Counsel for the Deience—You spoke utting in Mayor Hall's message. Will you do #o? Counsel tor the Defence—You have no fight to appeal to me in that way Mr, Tremain—If you call him as @ witness { will have no objection, Counsel for the Defence—It is unhandsome of you to getup in that way, He is the last man I would call, As togiving his message in evidence. on retiection that would be an insult to the Court. As to having him as a witness, E wouldi't believe a word he would say The case here closed on both sides, and the Court ad- journed, t yur of Aqjournment being half-past six o'clock, instead of 10 P, de anticipated. THE POLICE JUSTICES’ IMBROGLIO. —-¢—_—___- inder which the is repealed, be- iraud in office is fine and impris- to me did you Dissolving the Injunction in the Coul- ter Case—Points of Judge Larremore’s Decision—The Case of the Special Ses- sions Justices Taken to the Supreme Court, General Term—Latest Action of the Court of Oyer and Terminer, Such a variety of complications have arisen in regard to the Police Justice question that it is somewhat dim- cult to keep track of the various proceedings in the Courts, As us well known, directly after the appoint. ment by the Mayor and their confirmation by the Board of Aldermen of the new police justices Judge Coulter, who has been presiding at the Police Conrt in the Yorkville district, retased VACAle his sopt for avy of tha new sonnintees, and, NEW YORK HERALD, TUESDAY, with the view to bringing the matter to alegal test, obtained from Judge Larremore, of the Courtof Com- mon Pleas, an injunction restraining any such newly- Appointed police justice from interfering with him in the discharge of his duties. The argument in the case lasted through several days, when the papers embracing the points of law and argument raised by the oppostux counsel were submitted to the Judge for his decision, These points were submitted on Friday last, and Judge Larreimore, who is generally pretty prowpt in his de- cisions, gave his decision yesterday. This decision is lengthy and able and exhaustive, and js against yudge Coulter, We give its points below. JUDGE LARREMORE’S DKEISION, After reciting the allegations in the complaint, he says thatthe decisive question in the case is whether a potice justice of the city of New York is a constitutional office within the meaning and provision of the constitu- tion of 146. He says that when the Constitutional Con- vention net there existed in this city two clases of jus- tices of iuferior jurisdietion—viz., special justices and assistant justices—appointed by the Common Council. ‘The jurisdiction of these justices was left wo the action of the law. In 1848 the offices held by these justices were abolished, An act passed this year was the first statu- tory mention of the office of police justice of this city. It was a now and distinct office, but established in pursuance of the constitution of 186. Subsequent legislation increased the number of judicial districts, and under the act of 1869 plaintif’ vlaims to have been elected to office for six years. Such claim, he holds, has no Jegal jurisdiction, as far asit affected the present appnie: tion. If he had been in possession of @ constitutional office on May 1 1870, the day upon which the amended Judiciary act ot 1897 took eftect, be would have had @ legal right io hold the same until the expiration thereot. ‘The Legwlature had the power to abolish (ue sam or change the term thereof, ‘The act of May i7, 1873, was assed abridging plainuil’s term of office, and conierring he powers and duties thereot upon the ofhcer or officers named in said acy He holds, in con: clusion, that this last act by, implication, repenis the act’of March 30, 1858 and April 28, 1569, that the one ig inconsistent with the other, that the plaintiff is stripped of all power and authority as 4 magistrate, aud that the intention of the Legislature that his duties and functions hould cease by the time specified is clear aud unequivo- cal. It would thus appear, he holds, further, that the equities of the ease are strongly in defendants’ favor, and that they are entitled toa dissolution of the injunction. His final conclusiou 1s, that the title to the oflice can only, be tried in tue nature of a quo warranto; that the act of May, 17, 1373 is not in violation ot the constitudon and therefore void. Ie declares, therefore, that th¢ injunc- tion should be dissolved. THY SPECIAL SFSSIONS JUDGES, But notwithstanding the decision ot Judge Larremore , Mr, William ¥, Howe, with his usual pertiaacity, con: tines to Vigorously prosecute his fight against the'legal- ity 01 the newly appointed police magistrates assuming the tunctions of justices of the Court ot Special Sessions. He claims that the decision of Judge Larremore bringing in question the constitutionality oi the act 0: Marci 17, 1875, entitled “An uct to secure better administration in the volice courts of the city of New York,” does not affectin the slightest the points he has raised in the maiter, as to the right of the newly appointed police Jusiices to hold the Court of Special Sessions With a view to bring this matter to a speedy and final decision, he applied yesterday to the Supreme Court, General Term—Judges Brady and Fancher on the bench— for & writ of certiorari commanding the newly appointed police justices holding the Court of Special Sessions to rewurn all the proceedings had betore thei in this court on Saturday last in the case of Bernard Wengier, the full particulars of which we publisued in Sunday's Hxkatp. The grounas upon which His Honor bases his application are set fori an the petition as sub- mitted by him. This petition sets forth that on, the 1oth day of November, 1373, at the city of New York, in the county of New York, Wengier was illevally tried aud illegally convicted upon a complaint charging him with petty larceny by three gentlemen, named Butler H. Bixby, Marcus Olterbourg and benjamin C. Wandeil, who then claimed to act as justices constituting the Court of Special Sessions of the city and county of New York, un- der and by virtue of an act of the Legislature passed May 17, 1873, entitled “An act to secure better adipinistration in the police courts of the city of New York;” that he protested against being tried by or before the said Bixby, Otterbourg and Wandell, as they hud no lawful authority or jurisdiction to hold the Court ot Special Ses- sions in and for the city and county of New York, or to try or convict him; but, notwithstanding auch protest, they illegally, witha so-called trial, convicted him, and Wegally ‘sentenced him to be limprigoned: in the City Prison of the city ot New York for the terin of five days, The petitjouer \urther sets forth that he.isnow illegally detained in the said City Prison and there restrained sof his liberty by the keeper of the City Prison, under and by virtue of the allegai commitment and conviction aforesaid, He also says that the said uct of 18/3, in so far as it shortens the term of the elecuye ofices of the police justices of the -eity. of New York: “already. elected, and in oifice vat the time’ of. the passage of said act, ts unconstitu- tional: that the Court, of Special Sessions of the city and county of New York is@ court of fecord, having a clerk and a seal, end can only be composed of judicial officers elected b; betas and that the saia Bixby, Outerbourg and Wandell have not been elected He the people, even to the oitice of police justice, but clalm to Fave bean appointed by the Mayor and Aldermen ot the 'y of New York, under said act of 1873, whereas the uurt of Special Sessions is a county court, its title being “The Court of Special Sessions of the Peace in and for the City and County of New York ;” that the title of said under Which said Bixby, Otterbourg and Wandell as- nine to uct in no Wise in its'title relates. to said Court of Special Sessions, and, therefore, that it isin violation of section 16 of article 3 of the constitution of the state of New York, which says ‘No private or local bill which may be passed by the Legislature shi embrace more than one subject, aud that shall be expressed in the title.” ‘The Court at once granted the writ, making it retarn- able to morrow, und Mr, Howe immediately served the same on Mr. Johnston, the Clerk of the special Sessions. Mr. Howe also applied to Judge Davis, in the Court of Oyer and Terminer, for a writ of habeas corpus to bring Wengler before the latter Court this morning. It is the eneral presumption that Judge Davis will at once ransfer the writ of habeas rpusto the General Term, in order that this question, of such great gublic impor: tance, may be speedily decided by the General 1erm Judges. a JAY COOKE & CO. IN BANKRUPTCY. A Petition in Bankruptcy Filed Against Them in This District. John E. Fox & Co, of Philadeiphia, have filed a petition in this district for the purpose of throwing Jay Cooke & Co., of this city, into involuntary bankruptcy. The amount claimed is small It is alleged by the petitioning creditors that, on the 16th of September, 1873, they sent to Jay Cooke & @ promissory note for $10,835, made by th k and Brooklyn Saw Mill Company ; that ihe note was daied the 16th ot September, and was payable on the 17thy that on the I7th the fulton Bank of this city deiivered to the agent of Jay Cooke & Co. a certitied check for the amount of the note; that on the 18th Jay Cooke & Co. credited Fox & Co. With the amount of the check; and that ‘Fox & Co. have de- manded payment, which was refused. On this alleged state of facts the petitioning creditors seek to make bank- rupts of Jay Cooke & Co, the usual order to show cause and injunction, consequent upon the filing of the petition, have been issued. The Metropolitan Hotel—The ruptcy of the Lelands. In the matter of John H. Platt, assignee ot S, Leland & Co., vs. Alexander T. Stewart and Others, counsel pre- sented to Judge Blatchtord, in the United States District Court, the decree in the above case for signature. Judge Hilton and five other counsel were heard, suggest- ing various amendments. The discussion of the provi- sions of this decree occupied most of the session of the Court. By the decision Mr. Denis McMahon, counsel tor the assignee in bankruptcy, gets a judgment setting aside a conveyance made ‘by the bankrupts of two houses in Prince street, a house in Crosby street and one in Jorsey street, and a farm in Westchester county, valued ‘at $4,000, above mortgages to Alexander ‘t Stewart, as preterential and void, under the Bankrupt act, and also declaring Mr. Stewart's chattel mortgages on the Metropolitan Hotel, under which he claimed the fund in Court, about, 827,000, to be invalid, and the money gees to Mr. McMahon's client, A large number of executions ure also set aside. The Court took the papers tor signatur BUSINESS IN THE OTHER COURTS, Bank- UNITED STATES CIRCUIT COURT. The Duty on Thread and Silk Laces. Before Judge Nathaniel Shipman. The case of Duden Freres & Co. ys. Ex-Collector Thomas Murphy is now on trial, Itisan action to re- cover an alleged excess of duty involving a sum of not Jess than $100,000. The plaintiffs are extensive importers in this city, and, in the course of their business, imported a quantity of lace, made partly of thread and partly of lace, and it constitutes an article known to the trade a3 “thread lace.” Collector Murphy demanded. a duty of 60 per cent ad valorem, and Duden Freres paid it under protest. The elghth section of the act of 164 states that a duty of 60 per cent ad valorem shail be paid on silk laces, and the sixth section of the act ot July 14, 1862, imposes & duty of 30 per cent ad valorem on thread laces. Daden Freres, under this last named act, seek to recover back the excess, claiming that the goods were subject only to 30 per cent ad Valorem as “thread lace,” All About Checks—A Mixed Up Affair. Mr. George G. Keeler, as attorney tor the First National Bank of Ellenville, Ulster county, filed yesterday, in the United States Circuit Court, a petition to the effect that the bank did business during the past two years with the New York, Oswego and Midland Railway Company; that the company, during the sume period, kept an ac- count with the First National Bank of Middletown ; that the bank, without the company knowing anything about it, made two lithograph check books, one in each of the banks, The check books were exactly alike in paper, finish and color, and there was no difference between Miadletown"’ was inserted in one in the ocher, They were printed 1m similar type, so that it was only by the most careful on the difference could be seen, In the mouth of he Elienville National Bank ved from the Orange County Bank, with several other checks, one for $4), which wax paid over as if it had heen draw. upon the First Nadonal Bank of Ellenville It was afterwards ascertained that that check was on the First National nk of Middletown, On ptember 17; 1878, the Middletown Baak received two checks froin the Orange County Bank—one for $700. and the other inspe September, 18 $700, " Tt transpired subsequently that the $760 check was on the First National Rank of Midd nd the $700 check on the Bank of Ellenville sequence of these mistakes was that the balance of the railroad com. pany Was decreased in the books of the Ellenville Bank to the amount of $1,150, and checks which ought to have been paid were not paid, and the balance to the credit of the railroad company Was incressed in the National Bank ot Middletown to the same amount. ‘The petition Asks the Court to direct the receiver of the Midland Rail- road Company, Mr. A. 8. Hewitt, to sett the discrepan cies arising out of this matter, atid Judge Blatchiord has made an order accordingly. SUPREME COURT—CHAMBERS. Decisions. Ry Judge Barrett. In the matter of Riverside ark. counsel. Kelly, Jr., vs. Union Trust Company.—In the present state of the money market sales of securities should bo cantionsly made, and only on proot of the amounts whicn can be realized, as weil as of facts showing the propriety of Whe sales There ara pot guiicient facts Memorandum for NOV for $750. The account of the railroad oompany was not sufficient to pay both these checks, in conse- quence of the ‘error committed in charging the 400 check. The Ellenville Bank paid the check for $750, and returned under protest the check for | shown In the receiver's potion to authorize so extensive fo. a sale of segurities ax he Messian va. Messin: t of referee confirmed and judgment of divore nied. Jn 38 matter of the petrtion of Thomson et al—Order granted. Dinsmore vs. Fisk and others.—Motion granted. SUPERIOR COURT—TRIAL TERM—PART |. Verdict of Damages for Seduction. A case was tried in this Court yesterday, in which Kate Hersong brought an action against Wiluam Hart for al- Jeged seduction, under promise of marriage. She claimed $10,000, but the jary thought her tigures too high and awarded her $00) ages. SUPERIOR COUAT—SPESIAL TEAM. Decision By Judge Sedgwi Jr..et al. vs Luling. Contents of books should ii by proceedings for discovery and wot ou the examinatic contempt. Clements and Ane Junction shouid be sand Another.—The in- ¢ hemorandun noditied. pangenmacher vs. Burnet.—i rom taxed should be stricken out the allo of $80 59 and the Jury fee, but uot the stenographer’ ; First Baptist Church of ‘lariem vs. Coles et al.—Order that transcript of stenographer’s minutes be furnished to the Judge, the expense to be paid equally by the parties to the action. Cole and Another vs. Frost and Another,—Order over- ruling demur/er and tor judy ent. Miner vs. Beekunan et al,—-Urder adding parties de tendants, Kempie vs. Darrow et al., Brown vs. Brown.—Orders of reterence. Phelpset al va Phelps, Tucker et al. vs. Cohen, White vs. Baxter, Swann va Verry, Keys vs. Arnold, Donnan vs. Dunscombe et al. Orders granted, COURT OF COMMON PLEAS —THIAL TE?M—PART |. An Interesting Suit, Before Judge J. F, Daly. The Consolidated Fruit Jar Company va John C. Mason, Jobn K. Chace and Henry F. Johnson.—This cause has been on trial several days, and was Mnally concluded yesterday, The amount involved is very large, $300,000 and patent Hyhis. The questions which arise are somewhat novel, embracing matters of equity Jurisdiction and questions of patent law. ‘he complaint was brought by Messrs. Pinckney & Spink, attorneys for the plaintiff, to set aside certain license trom the de- fendant Maton to the defendant Chace, and by him assigned to the defendant Jonson. of tue right to man- ufacture fruit jars under two certain patents granted to the defendant Mason. and extended last year. The plaintif claims that the license was made collusively and in fraud of its rights, 4 preliminary injunction was granted against detepdants, and, utter argument was continued until final decision, The comp aint alleges that detendant Mason agreed with plaincitt, or with other arties for its benefit, Upon a consolidation of several in- ferests, (0 nse Nis best efloris to procure the renewal or extension ot ese With oter patents, and, it obtaiued, to convey the ire interest in same piainuff—the plain- {if to bay dus expenses in obtaining such renewal and the sum of $5,100 aud stock of plaintiff to the amount ot about $10,000, ihat Mason did obtain such extension, ‘was paid by plaintiff $4.00 for his expenecs, and also the sum Of $5,000 48 agreed and his stock; that he did convey the renewals to pluintitt, but betore doing so fraudulently and collusively in secret nade the license to Chace with- out comsideration and for the benefit of both Mason and Chace, Muson was all the cime a trustee and the super- intendent of plaintiff. The answers of the different de- fendants in substance denied the allegations of the com- plaint, and they were represented by counsel upon the trial, Dut only the defendant Mason presented himselt tor examination upon the trial or was present. Upon the trial the defendants claimed that agreement has been cancelled, and also that, under the United States patent laws, such an ngresment to convey a renewal, if ob- tained, is void and illex: ‘he case was summed up by ex-Judge Fithian. of coun- sel tor the detendants, and ex-United States District at- torney Samuel G. Courtney for the plainuifs. The Court Teserved its decision, COURT OF COMMON PLEAS—TRIAL TERM—PART 2. What Constitutes Baggage. Before Judge Robinson. Ebenezer Puckimgham lost a trunk sonte time since, while on his way to the railway depot from the st. Nicho- las Hotel. He claimed that in the trunk there was $201 92 worth of baggaze, including has versonal effects, presents to his family and niece. The Judge held that the latter was not personal baggage, and a verdict was rendered in his favor tor $1644 Te suit was brought agaist Mr. Siler, President of the New York Transpor- tation Company. COURT OF GENERAL SESSIONS. Empanelling the Grand Jury, Before Judge Sutherland. At the opening of the Court yesterday the Grand Jury were sworn in and Samuc! B, Vandusen was appointed foreman. His Houor sald that as the Grand Jury of the Oyer and Terminer had not finished their business he would discharge the gentlemen then empanelied ull Thursday, when a prief charge would be delivered. Trial of a Pawnbroker for Receiving Stolen Goods. The trial of Hyman Copperman, charged with recely- tng’stolen goods, which was commenced on Friday, was resumed and occupied the entire day. It is alleced that on the 80th of June a pound of silk and two packages of sewing silk, which were stolen from KR. Gardner & Co., No. 54 Lispenard street, by a clerk named Kobinson, was purchased by the de- fendant with a guilty knowledge. Copperman is « pawnbroker, doing business in Canal street, and in his examiuation stated that the goods in question were bawned by Robinson, to whom he handed a ticket. ‘The accused Wassubjected to a rigid cross-examination by Assistant District Attorney Rollins. A number of mer- chants tesufied to the good character of Coppermai, Mr. A. Oakey Hall, counsel for the detendant, proceeded to address the jury'inan eloquent argument. Assistant District Attorney Rollins followed, and reviewed the ev- idence in an able manner. At the conclusion of his ad- dress the Court adjourned, Judge Sutherland will charge the jury this morning. Larceny. John W. Diamond, who, on the %th of October, stole flannel and muslin worth $52, the property of Jacob H Van Ness, pleaded guilty to an attempt at grand lar- ceny. He was sent to the State rison ior two years. Assauit and Battery. Thomas B, Caveney who, upon the 4th of October, cut Martin Cunningman with a knife, pleaded guilty to as- sault and battery. There being mivigating circumstances in the case, the Judge sent Caveucy to the Penitentiary for one year. COURT CALENDARS—THIS DAY. Svrnewe Covnr—Cinccim—Part 2—Held by Judge Van Brunt—No. 84435. $ ourtT—Cnampens—Held oy Judge Barrett.— 39, 65, 66 yx Count—Triat Ten—Part 1—Held by Judge 08.1319, 661, 34353. 394, 679, 379, 62, 033, 827, 595, «683, 65, Fart 2—Held by’ judge ‘Van os. 772, S21, 722, 732, 658, 760, Court or Co: Judge, Robinson. 26y, 2324, 832, 207, 1. Terw—Part 1—Held by if 1682, 68, 3397, rt l-Heid py Judge 2548, 208, SHB, 2, 2934, 2788, 8565, 2830, 2794, 3476, 2174, 2092. Part 2~Held by ‘Judge Gross.—Nos, "2769," 2477," 2555, 251, 3079, 2°45, 2936, 3399, 2999, 3001, 3003, 8007, 3009, S013" ” Part Heid by’ Judge Ourtis.—Nos. 3347, 3485, 2516, 2603, 2516, 2887, 774, 3117, 2687, 2575, "$520, "3428, URT OF GENERAL SEssions—Held by Judge land.—The People vs. John Sutton, robterv; %. Edward Kenny, robbery; Same vs. Daniel Murphy, rob- bery; Same vs. Robert’B. Adams, feloulous assault and battery: Same vx William Purdy, telouious assault and ‘battery; same vs. William A, Lounsverry, George Chilvers and James J. Boyle, larceny and receiving .stolen goods; same vs. Patrick ‘Stack, grand larceny; Same ve. Mary A. Scott, grand larceny: Same vs, John Sullivan, grand larceny; Same vs. August +Von Lath and Charles 'Latiman, grand larceny; Same ys. Thomas Sherwood, grand larceny; Same vs. William, Lawless, larceny trom the person: Same vs, Mary Jane Green. larceny irom the person; same vs. Mary A. Duon, larceny from the person; same vs. Kobert Saunders, at: 124, 832, uther~ _ tempt at perjury. BROOKLYN COURTS. aneeee SUPREME COURT—CIRCUIT. Alleged Assault on a Woman, Before Judge Barnard. Lonise Garside yesterday brought suit against Patrick Trimble, aged nearly 70 years, for $2,000 damages, for an alleged assault. The parties live in New Brooklyn, where the little unpleasantness took place on the éth of Decem- berlast. The plaintif charges that the defendant was climbing over her fence and when she remonstrated he struck her on the head with a stick, knocked ont several of her teeth and threatened to exterminate her. The defence asserted that “the boot was on the other log," inasmuch as the plaintiff attacked the defendant and tossed him over the fence. However this may be, the plaintiff lost several of her teeth by violence, but whether it was inflicted by the defendant or not #' jury bf a Good men and true will decide, on. SUPREME COURT—SPECIAL TE! Decisions Yesterday, By Judge Tappen. Gerom ys Uernel.—Report as to surplus confirmed and judgment ordered, Report of commissioners confirmed in the matter of opening Jefferson street, from Bedford to Reia avenue: tic street, trom Nostrand to Albany Lexington avenae, (rom Lewis to Sinyvesant and Reid to Patchen, Sandford street, Myrtle and Flushing: Van Brunt, irom De; to Sedgwick; Degraw, from Fitth avenue to Canal Mark's avenue, trom Nostrand to inth street, from Fourth avenue to the : sireet, {ria Nostrand to Albany. peeTanklin vs, Bauckinali.—Motion adjourned to Novem Robertson vs. Boller, Judgment vacated by default. eniells VS Pooie,—veruuit opened, costs to abide the a Kool va. Robbins —Detwult, striking out answer. Simmond ys, Lunn Issues settled by consent, Smith va. Howorth.—Consent to discontinuance, . > Starr vs. Adains.—Heport of sale confirmed, , mitustees of Myrtle Lodge vs. Cypress Cemetery. Judy. ent. Schoft vs. Covert.—Judgment vacated. Snedeker va Henderson.—Referee to retain money tn his hands. Jeunings va. Waring —Consent to a discontinuance, CITY COURT—TRIAL TERM, A Question of Jurisdiction, Before Judge McCue, A suit was brought against the Washington Ice Com- pany for $800 dainages for acollision between one of the Comgany's waxons and # wagon belonginy to a Mr. Bir- mann, “The collision occurred in the kustern District. Judge McCue held that the Court had no jurisdiction, As the charter fixed its general business in New York, he ot consider that y ihalnee: at sale in Brooklyn constituted « « The Judge granted 4 stay of twenty days, COURT OF APPEALS, Atsaxy, N, ¥.. Nov. 17, 1873, The followi: is the Court of A November 18;—Nog, SoH oh Peele hase EMBER 18, 1873—TRIPLE SHEET. : THE STEAMSHIP GENERAL SHERMAN Return of the Filibuster Vessel to Colombian Territory. Her Mission and Adoption of the American Flag—Search of the Cruiser by American Naval Officers—Captured by the Wyom- ing as a Prize—Central American Politics—Professional Resources of the Politicians—Prospect of Peace in the Republics. PANAMA, Noy. 7, 1873, ‘The return of the fillbustering steamer Coronel Ariza, which now lays claim to the Honduras fag, but which, when she leit Aspinwall last May, called herseif the General Sherman and carried American colors, affords me an opportunity of glancing at recent political events in Central America, narrating what 18 now happening and giving @ slight forecast of what 1s likely to occur in that section of Spanish America, atthe same time that I attempt to prove that the vessel under mention has been prostituting the American flag togerve @ party whose every principle and every thought has been and is to deprive the liberals or republicans of power and return to the old an- tocratic system inaugurated by Carrera and fol- lowed up to within but a short time ago by Cerna, Duefias and Medina, HISTORY OF THE DAY. Ever.since the destruction of the federal form of government in Central America the two most southerly of the five repubiics—Nicaragua and Costa Rica—have been the strongest upholders of the doctrines of the liberal party, and, had the revolution of 1869 in Nicaragua been successful, it is more than probable that up to now the changes Limon Bay and other ports, to New Oricaus, Thie line was owned by Mr, Keith, the contractor for the Costa Rica iroad. Natuvally he was dise to assist an Lege Fresigans Guardia. onsequently the steamer General rman was taken off the route and sold to Sefior Ewrique Palacios and others, brought to Aspinwall, whero arms and ammunition awaited her, and in May Jast she left this port openly TO MAKE WaR ona Republic at with the United States. She cleared under er American register and car- rying THE AMERICAN FLAG, although every one knew the mission she was bound on. In Limon Bay, Costa Rica, she received more men, arms and ammanition, and then sailed away. she was next heard of at Ysabal, in Guate- mala, and Puerto Cortes, in Hondurras, in poth of which ports she appeared flying American colors. Men landed from her, raised forced loang and what they pleased, since these places were de- fenceless, By this time the government of duras had heard of her leaving Aspinwall and the character of the expedition she carried, and de- clared her and the people with her fiibusters. Sub- sequently she returned to the coast of Honduras. The fort of Truxilio fell into the hands of those on board of her through the officer in command sell- ing himsel/, and an attempt was then made to pur- chase the much stronger fortification of Omoa. The officer agreed to sell the castle, and retired @ ortion of his men and ambushed them near Py n the previously agreed on signal bemg mi from the shore, boats put of irom the Genera! Sherman, and, believing the sale to have been made in good faith, the men landed from them, and marched up to take possession of the place. On a sudden they were FIRED ON from the fortification, and, being immediate! attacked by the ambushed men on thetr flank, 0 in disorder \o the boats, leaving numerous and some wounded in the hands of the enemy Who had thus deceived them. THE CRISIS, Since that occurrence the Sherman has been kept actively employed on the coast, and was the immediate Occasion of the port of Omoa being shelled @ few weeks ago by the English Niobe. It appears that one of the commanders of the government succcedea in driving the rebel, Mill- buster, or whatever lorces they were, out of moa. His men on ed sacked the town, and auose otner houses which they plundered was the Britis! Consulate, A few duys alterwards the Niobe arrived in the port, the Consul complained to her | commander, and he at once demanded the im- Mediate payment of £20,000, on pain of the place being shelled. The money not forthcoming at the expiration of the time, the English vessel opened fire on the fort and kept at work for about six nours. Bein; which have taken place in Central America would not have occurred. At that time Cerna was really life President of Guatemala; Dueiias, in Salvador, was about to be re-elected—a farce he would per- form as often as necessary—and Medina, establish- ing the so-called chivalrous order of Santa Rosa in Honduras, gave clear notice that he did pot intend | to resign his command ina hurry. It happened, however, that many, discontented with the state of affairs in Honduras, took refuge in Salvador, and one who had attempted to obtain the Presidency of the former Republic, General Xatruch, was appointed to the command of the frontier department of San Miguel This offended Medina, who immediately gave a like asylum to refugees and political intriguers from Salvador, aud to many he even gave important civil and military commands. Recriminations followed, and supsequently Medina published his ultima- tum, which, Mot being accepted, he immediately marched towards Salvador. This occurred about May, 1871. By this time General Gonzalez, now President of Salvador; Genera! Solares, of Guate- mala, and numerous other leading men of those two republics, had joined Medina, in addition to numerous weil-wishers and 4 large number of those who are to be found tn all parts of Central America who only exist by revolution. FIGHTING first commenced on the irontiers of Honduras, then San Miguel was attacked, and after several days’ combat was taken by the invading forces. The interior of Salvador was next overrun, and, finally, the battle of Santa Ana resulted in a dis- astrous defeat for the combined forces of Salvador and Guatemala. The capital then fell into the hands of the enemy, and President Duefias himself was made prisoner with almost all his Ministers. Gonzalez, as Provisional President, took command, consolidated his government very rapidly and en- tered into communication with Garcia Granades, the liberal aspirant in Guatemala, who was then in Chiapas, Mexico, the adjoining State to Gua- temala, and Rufino Barrios, and plans were ma- tured for acombined movement in Guatemala, ‘The result was the overthrow of President Cerna and the installation of General Garcia Granados. Medina, of Honduras, had been the one who had given life to and allowed the organization of the forces which led to the change of governments in Salvador and Guate- mala. He was the first to feel the effects of what he had done. So s00n as peace was proclaimed and treaties were being arranged, he demanded that Salvador should pay the expenses Honduras had been put to, and, in addition, make certain | concessions. Gonzalez relused, asserting that such an understanding had never been made, THE RESULT was that Medina commenced to threaten, thinking that what his assistance had once brought about it co“ld again, and that, ashe had been already the cause of a change of “dynasty,” $0 to speak, tu two | republics, he certaily could again do_ tne same, But he was — mistaken. From threats he rapidly went to biows. The nat- urally defenceiess portion of the froniers of Salvador were immediately garrisoned. Asmall fight took place in Chiquimula, Guate- | mala sent troops to Gractas, and a revolution In | the interior at the same time completely paratyzed him, Defeated on ail sides and eutircly hemmed in, he finally jell into the hands of his former sub- jects, and from that time to now has remained a prisoner in Comayagua. Then commenced ap- parently for Guatemala and Salvador « new era of progress and of peace; for it had been long that in either of these two countries for a month at a time all was in peace. Revolutionary movements were not spoken of or political prisoners made, Honduras, on the other hand, positivery gained little by the change. The new government took charge only to find that the Honduras Railroad | speculation had so depoverishea the Treasury aud | ruined the credit of the country thatit Was next to impossible to govern and utterly impossible to obtain a cent of money. Still, against all these evils, It Peder pean with evidently good intentions, 1f not with real success, until posterior events have occurred which have threatened not aione the downfall of its government but also those of Sal vador and Honduras, COSTA RICAN COMPLICATIONS. Between three and four years ago the govern- Ment of Costa Rica was overthrown py what may be called the then extremely “liberal party,” and Sefior Thomas Guardin became President. At that time @ man Of somewhat simple habits and appa- rently of good intentions, his thoughts were imme- diately turned to what he considered the two primary necessities of the country—that ts, immi- gration and easier means of internal communica- masonry, it was badly damaged and a couple ot men were killed. Finally the Hondurian com- mander sent off a flag of truce and promised to suo- mut the matter to his government. THY PARTY WHICH LANDED from the Sherman succeeded tn getting ite a hold on the country, and even reached within 6x leagues of the capital, Comayagua. If recent re- aad are correvi—and they come from Mr, Palacios imseli—his party were compelled to retire to the coast and disperse, because Salvador had sent force of 1,200 men to attack them on the flank, while Guatemala was sending sey men to occupy Gracias directly in their rear. No fight took place. The arms and ammunition came here In the Sher- man, and the former, at least, go to New York to- day, per Colon, and on arrival there will be de- posited in a public storehouse and held at the dis- position of the Colomolan government. CIVIC EXCITEMENT, As was to be expected, immediately the an nouncement was made in Panama that the cele- brated Sherman or Colonel Ariza had arrived here the Consuls of the Central American States, which have lately been suffering from her misdeeds, repre- sented the matter tothe government, and orders were given to examine her papers and detain her until the determination of the government could be made known. ‘Jhe weakness of the government through the recenf’revolution and present political dissensions prevented the Prefect here having & force at his command suilictent to seize the vessel or to prevent her leaving in case she so wished. The Guatemala Consul on the 4th made a formal re- quest to the Acting Consul here to examine the vessel’s papers, but he refused, stating that she was fying the Honduras flag, over which he could have “no jurisdiction. He appears to have not cared to remember that the same vessel had been cleared only a few months before as American, and vhat since then she nad been in no port where she could legally change her registe: AMERICAN NAVAL SEIZURE. Fortunately, however, the United States steamer Wyoming is in port, and Commander Cushing, after some delay, determined to ¢xercise his right to ex- ainine the ship’s papers. As every one expected, no Jorinal papers were on board except her American register and her last clearance 1rom Aspinwall, The Sherman was then seized as @ lawful prize. She will, l suppose, be sent to the United States for trial. This capture meets with almost univer- Sal approbation on the Isthmus, and the Consul (Mr. Thorington) is generally condemned for the apathy he has shown from the first in all concern- ing this filibuster. The rebels, having now lost this vessel, will, I suppose, not soon find themselves again in a posi- tion to attack. Should this be the case, there are hopes that Central America will now enter on a long term of peace. Report of the Captor. The following is Captain Cushing’s despatch re- porting the seizure of the General Sherman :— ASPINWALL, Nov. 8, 1873. Mr, James BoyD, Panama :— Ihave taken possession of the steamship Coronel Ariza, late General Sherman, lor using illegal ship | Papers ana sailing under the flag of Honduras, Whie it is proved that she has never changed her mationality, and is still legally an American vessel, siace the only papers possessed by ber were and are her American registers and other papers, CUSHING, BRUTALITY TO A WOMAN, Dangerously Kicked and Beaten—Her Ante-Mortem Statement=The Assailant Arrested. A case of unusnal brutality toa woman, which is likely to resuit in death, was yesterday brought to the attention of Coroner Young, The victim is Neilie Walsh, & woman 27 years of age, now lying in an extremely critical condition at her residence, 160 Greene street, from the effects of violence in- flicted upon her on Saturday evening by Bernard Cloppanberg, wno lives in the same house. Nellie, who believes that she will not recover, made the following statement before Coroner Young:— On Saturday evening, between five and six o’ciock, I lett my room, on the third story of 160 Greene street, for the purpose of going to the | grocery to get some things for supper. When I got as far as the stoop! met a man named Ber- | nard Clappenberg, Who Was trying to remove the lock from the iront door, 1 told him he must not do so, He then turned on me and struck me undeg. the left breast with the chisel or screw driver he | had tn his hand, inflicting a wound. If then caught hold of the chisel or screw driver, and a struggle took place between us for the possession of it. I had hold of the blade and of the bandle when the biade came of, leavin; the blade in my hand, He then kicke me twice in the stomach, from tue effects of which 1am now suffering; I fell to the floor, when he kicked me again, and, stooping down, pinched me till 1 was black and biue, and said he would take my life. He told me I wanted to get the first floor away from him, but that I should not have it. I told him I did not want it, that 1 had the third floor, and was trying to make @ living for myself and tion, Immigrants were obtained, though n child. Little Morris, who was with me, picked me any nuubers but in proportion to“the. wize | UP; and, With tue assistance of some Of the girls, of the country’ and the number of its carried me up stairs to my room, 80 they toid me, inhabitants, @ ‘colossal contract was made | butI don’t know of my own knowledge, as I be~ for @ railroad, With but doubtful success | CMe Unconscious after Clappenberg kicked me in work has been kept ee on the road, and large sums of money have been spent. Those who pretend to know now assert it will never be con- cluded, The influx of money thus caused a trip to the United States and Europe of the Presiuvent with a dozen followers, and the flatiery he doubt- lessly received in those places appears to have | opened to the mind’s eye of General Guardiaa much greater future than that of peing the mere initiator of interoceanic railroad, and he deter- mined, by laying claim to the sole right of navi- gating the river Colorado, through which the San uan now empties itself, to compel Nicaragua to cede certain territories and recognize the con- trolling influence of Costa Rica in any interoceanic canal contract which might be made. Directly this intention became well understood in Nicara- gua the government and the press took the matter up so strongly that there appeared little chance of success by mere diplomacy. REVOLT. «| General Guardia then adopted other steps. For some time, in fact ever since his ascension to power, there had been @ strong, influential and weaithy partyin the country which never ceased to oppose him; cousequentiy he was compellea— it may have been reluctantly—to exile many and to adopt strong and even unconstitutional meas- ures with others, These steps had led him far away from the liberal ideas of republican govern- ment he had enunciated when first he assumed the Presidency, and thus placed him in a position to listen with a readier ear to the numerous irtends of the former administrations of Guatemala, Salva- dor and Honduras, who soon flocked in numbers to San José, Meanwhile the exiled Jesuits and the greater bulk of the clergy remaining in the three Republics just mentioned never ceased for an instant their covert, and, in man: cases, open assistance, So it happened that at the com: Mencement of the present year arrangements were ofictally made for an attack on Honduras, which, if successful, would prove the stepping stone to overthrow the governments of Salvador and Gua- temala, in order to replace them by those of the ex-Presidents Duefias and Cerna, to recall the Jesuits and to annul the decrees recently issued, declaring liberty of worship and the confiscation of the property of religious orders, General Guardia {3 understood to nave agreed to assist this revolu- tion, although so contrary to his previous political Principles, on condition that those government When established, would remain quiet, If not as- sist him in his designs on Nicaragua. |The dimculty of obtaining arms or vessels on the Pacific, which certainly is the best coast on which to attack any part of Central America, drove them to the Atian- Uc. ‘There they found everything to their hands, A line of SMALL, STRAMERS had just commenced rugmipg from Colon. ve the stomach. I have spit up over a quart of blood since I was hurt. er ed has been living with @ woman on the first Noor of the house. | Hever had any trouble with him berore. Clappenberg has been arrested, and is now in prison. Some three months ago the woman, Walsh, was a atime ae aR Lp aso wit: ness in @ murder cage which occurr Street, near Wooster, bits tn .MULHOLLAND'S ALLEGED MURDER Coroner's Investigation — Mulholland Committed to the Tombs. The case of Ann Mulholland, late of 949 First avenue, whose death on the morning of the 9th inst., it is alleged, was caused vy violence re- ceived at the hands of her husband, Thomas Mul- holland, was investigated before Coroner Kessler. at the ofice in East Houston street. The testi- mony of several witnesses was tuken, and went to show that Mulholland at different tinies, when in- toxicated, had struck and kicked his wile, but none of the witnesses saw Mulholland infiict any violence upon her for two weeks previous to her death. On the night Mrs. Mulholland died the prisoner told some peopie in the house that his wife was expiring, at the same time saying that she had injured herself by falling from a chair. Assistance was valied in, but the woman died soon alterwards. : Deputy Coroner Leo, who made an autopsy on the body, testified that the thitd, fourth and Hith ribs were fractured, some pieces of the ribs havin, penetrated the left lung, causing hemorrhage an subsequent death. The jury rendered @ modified verdict Mulholland, who thereupon was committed to the ‘Tombs to await the action of the Grand Jury, In a hed examination the defendant demeéd bik guilt. ri THE EASTERN BOULEVARD WORK. A committee, Consisting of Messrs, Charles Crary, William Rutter, James H. Wal: Joseph Rellenbrand and Thomas J, Crombie, of the East Side Property Owners’ Agsociatio a Commissioner Van Nort. with result, lopted on Dari evening, urging tne late completion of the Eastern Boulevard, 80 a8 to give erhployment to laborers, Mr. Vat Nort assured a reporter that ithe Board of Ap Foleo ee etree of Alderman Morris’ resolu ution, and a Groce could raise the mone; ($1,000,000) , from 2,000 to 3,000 extra laborers coul: Li ah by tue Department of Public Work