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‘at the rate of a pint a day, mm order to prevent tne whole supply from being immediately exhausted; and, although Kanfmann gave orders to have three more wells dug, each of which offered more or less water, two or three of the native guides (whose names, by some oversight, had not been inscribed) died of thirst. The syfferings of the troops for two or three days, until the water became more plenti- ful, were very great. In the meantime, as there was not enough water for the camels, Kauimann sent the whole train back to Adam Kooruigan to let them drink and to get a fresh supply of water be- fore making another attempt to proceed, They were sent with an escort of four companies, or 600 men, and it was against them that the troops of the Khan made their {rst serious move- ment, Sadik, then probably camped on the Amoo, having been informed by his spies that Kaufmann had sent all his cdAmels back under a small escort, determined to fal on them and cut them off, He took 500 Turcomans, each provided with two horses, and, passing Kauimann at Alti Koodook, reached Adam Koor- ulgan early on the morning of the 18th of May, The attack was conducted with considerable spirit and vigor, Sadik having very well comprehended thatif he could capture Kaufmann’s camels the army mast perish, It was about four o’clock In the morning when the Russian pickets were driven in and the alarm» was given. The troops im- mediately seized their arms, and by the time they ‘were ready to receive the enemy he was within 200 yards, The Turcomans advanced with loud cries, a custom they have, partly to fmghten the enemy, partly to keep up their own courage, showing con- Biderable temerity and evidently determined to make a vigorous attack. Their standard was borne by Saaik bimself, on a splendid white horse, and he advanced so near that if any of the sharpshooters had known it was Sadik they would certainly have Picked him off; but by this time the sharpshooters had got fairly to work and the rurcomans did not even approach so near as before. Soon perceiving the impossibility of advancing in face of the su- beriorarms of the Russians, they finally retreated, completely discomfited, Sadik, as appeared trom the reports of the prisoners taken, had been ton- fdent of acompiete victory, haying been misin- formed as to the real number of troops he would have to deal with, supposing he would only find a mere handful of men, and had actually brought a supply 0! cords to bind the prisoners he should take. This was the first serious encounter the Khivans had with the Russians. They were very much dis- couraged by it, although still not without hopes that Kaufmann would be unable to reach tue river, THE PERILS OF THE MARCH. Kaufmann in the meantime suffered the greatest anxiety, and his soldiers the greatest hardships oa account of the want of water. Only those who Mave experienced it can form an idea of the horror of being among a mass of men who are suffering the pangs of thirst, and, although the remarkable dis ine of the Russian troops prevented anything like the least disorder, the consciousness on the part of V application to my own government—that of Great the officer that the time might come when no discipline woula be possible, and that then they would {ail an easy prey to the enemy, who were prepared, and relying upon such an eventuality, Was not the least among their woes, Gradually, however, the water grew better and moré plenti- ful, the dally wants of the army were supplied, and that immediate pressing need was not felt, but their forebodings for the future were of tie darkest. A week had been consnmed by the return to Adam Koorulgan, the camels were grow- ing weaker every day and less capable ol carrying their burdens; many of them would certainly have to be left on the way, for, although @ very strong beast and capable of carrying immense burdens and enduring great fatigues When in good condition, once enfeebled by a suc- cession of long, hard marehes, as were Kaufmann’s camels, it soon becomes worthless and months of Repose are required to restore it. The camel, it must be remembered, plays the same role in this War that railroads do in a European war, and for the army to be deprived of this quadruped here in the desert, either by the Turcomans, or by hunger, thirst and fatigue, was to perish, Instead of aload of 600 pounds, the burden allotted to each came! at the commencement of the expedition, this beast was now only capable of carrying 200, and even 100 pounds, and every day the number of these animals which became too feeble to carry anything in- creased. The anxiety then of Kaufmann may easily be im- agined, with not only the success of the expedition, but the life of every one of his men, dependent on him (for a disaster here would be certain death to every soul in the detachment) and the distance to the Amoo still a matter of conjecture. At last, after a week had been consumed, a iresh supply of water was taken, the camels returned to Alti Koo- ook, and on the 21st of May they started once more for the Uxus, with the only alternative left them of reaching it or of leaving their bones in the desert. It had been found, however, that the camels that were still in a condition to travel would not be able to carry the whole of the baggage; so, very reluc- tantly, orders were given to leave nearly the whole of it behind, together with four of the six iron boats Kaufmann had specially made for the passage of the Oxus, two pieces of artillery and nearly all their remaining supply of forage, taking with them only what was of the most absolute necessity. Two companies were leit behind to protect the bageage, and this is why 1 found troops at Alti Koodook. §T, CECILIA’S DAY, Whe Celebration in This City—Grand Musical Commemoration Next Sunday Evening. The anniversary of the birthday of St. Cecilia, the patroness of music, wiil be celebrated in this city with peculiar pomp on next Sunday evening. This flay is commemorated in Rome with grand cere- monies, all the great musical artists who may then happen to be in the Eternal City taking part. St. Cecilia was martyred in A. D, 230, She is said to have been the inventor of the organ, and has ever been looked up to by Catholics as the patron. ess of the divine art of music. Her heathen parents belonged to the nobility of Rome, and at an eariy age she was betrothed to a youth named Valerian, who was also a heathen. Valerian and his brother atterwards became converts to Christianity, and oO suffered martyrdom, In the fifth century a church was erected in Rome in honor of ‘St. Cecilia, and in the year 821 her bones were de- osiced in the sacred edifice. Painters and poets ave devoted their talents in honor of this illustri- ous lady. Chauncey, Dryden and Pope have writ- ten of her, while Kapnael and Domenichino and other immortal painters bave handed her ligeness down to us, ‘The 22d of November ts the natal day of St. Ce- cilia, ‘ihis.year it comes on Saturday, and the celebration will take place on Sunday, the 23d, A new church, corner of 105th street and Second ave- nue, has been called after this distinguished saint, The Rey. Hugh Flattery is the talented pastor, and itis at his suggestion and under his control the Celebration takes place. A grand sacred concert ‘Will take place at Ferrero’s Assembly iooms, Tam- many Hall, on Sunday evening, November 23. The principal artists of Mr. Strakosch’s opera company jave volunteered: for the occasion. Among them are Signors Campanini, Del Puente and Nannetti, Mile, Maresi, Miss Cary and a full orchestra, The choicest musicai gems have been selected tor the occasion. ‘The price of tickets has been placed at $1, With 50 conts extra for reserved seats, so that an immense attendance is expected. The Rev. Father McQuirk, of St, Stephen's, will preach the panegyric of St. Cecilia at the nall-past ten o'clock services on Sunday, at the church cor- ner Of 105th street and Second avenue, MYSTERIOUS DISAPPEARANCE OF A BROKER. On Wednesday last Mr. E. K. Winship, a broker, Of No, 24 Broad street, tt is reported, suddeniy dis- appeared and has not since been heard of, It is rumored that Mr. Winship ts tn embarrassed cir- cumstances and that his mysterious disappearance is to be accounted for by his antipathy to Sheri oiicers, It is stated that on Wednesday moruing he left his apartments in Kast Ninth street at tne usual time, and that in the evening his wife re- ceived a note from him, in which he stated that he wi dank f ruined and was going to leave town, but would write to her in @ fow days. This promise, it is alleged, has not been kept, and his Whereavouts is at present unknown, About 10 days ago Winship had his carriages and borses—valucd at $4,000—removed to Jersey City and lodged in a ube stable, W. W. Burdick, one of the creditors of Winship, leatned this fact in some way and placed an execution In the hands of Sheriff Reinhardt. The Sheri seized upon the turnout yesterday morning and will sell them in a few day#. Bardick’s execution is for $5,000, There are two other executions against him in the Sherif’s hands, one tor $8,000 and auother for $16,000, NEW YORK HERALD, WEDNESDAY, NOVEMBER 19, 1873.—TRIPLE =o oS oe THE COURTS. GIBRALTAR, Sept. 27, 1873. To THe EpIvoR OF THE HERALD:— The kindness that 1 have received from the HERALD, and the uniform interest that you have shown in my adventures and efforts to obey the task set down when I went to Cuba, justify me in giving you a report of the conclusion of my mission, I arrived at Santander, a little Spanish town on the Bay of Biscay, on the 10th of July, and was confined in the cvarcel nacional. My health has not been very good, and I can concetve of nothing gioomier than my life in the vast, dreary rooms of the car- cel, the bell tower of San Pedro im prospect, the bay and the distant mountains bounding the hort- zon. 1 had not long been confined in Santander when the order came for removal to Madrid, 1 was taken from the prison by an ofMicer of the civil guard, accompanied by a sergeant, and my com- panion was an ofMicer who bad been sent from Cuba under arrest. As no adventure took place on the trip we came to Madrid in good ume, and were driven to the office of the Minister of War, the splendid palace of Godoy, now one of the attractions of Madrid, The Minister of War simply acknowledged my arrival and sent me to the Minister of State, who ®ccupics appartments in the magnificent palace of the kings of Spain re- cently abandoned by Amadeus; From here I was sent to the American Legation, and was in- formed that, while I would not be released at once, I might remain at liberty im Madrid by giving my parole to the American Minister, I was received courteously by General Sickles, who shook hands warmly, and said to the official who accompanied me that he would accept responsi- bility for my appearance, The General then further informed me thatuntil the government gave me final liberty I would be expected to report daily to the Secretary of Legation at the Embassy. Upon returning to the State Department and giving the Minister the letter of General Sickles, I was at liberty for the first time for months—walking without a guard. Here I had the pleasure of meet- ing Mr, Stanley, your celebrated correspondent, at that time stayIng at Madrid, from whom I recelved many attentions. My jong imprisonment has left me in a state of nervous instability, which made It impossible for me to visit ihe museums, I had an intimation also, which served to increase the horribie monotony of Madrid, that it would be well ior me not to visit the Cortes, least the opposition papers should make my release a point of attack upon the government. I expected to have had a final release in afew days, Weeks rolled around, My life of quasi liberty tied, as it were, to @ chain which gave me only a certain limit, was almost as distressing as my life im prison, So, after delays be- came unbearable, I went to General Sickles. I was informed that he had taken cognizance of it in the absence of Mr. Layard, the British Minis- ter, who requested him todoso, Thad made no Britain—as, after the very kind interest which had been taken in my case in Washington, I was anx- fous that the credit of my release should rest with the American Minister. General Sickles m- formed me that he had been instructed by the authorities in Washington to use his influence with the Spanish government and had spoken twice to the Minister about my case; but that, now that my life was no longer in danger, he could not give it undue prominence over other matters of American interest. A statement had been made by mistake in the columns of the Hratp that my release on parole Was due to the British Minister. It was due only to the American Minister, acting in belialf of the journalI served, I wrote to Lord Granville about the neglect of his government in my case, and from his reply I interred that the British gov- ernment would do nothing more about it. A sub- ject of Great Britain, I owe all the consideration I received in Spain to the American government. Diplomacy seemed to have failed, so, in company WithMr. Stanley, I called on the great Spaniard, Sefior Castelar. He received meé with courtesy and benevolence, calling my case to his mind, mentioning the fact that he had ordered me from Cuba and promising his assistance in ob- taining my liberty. This was the 23d of August, six weeks after my arrival in Santander, Political troubles intervened; the Salmeron Cabinet went to pieces, This I welcomed, because the Salmeron Minister of the Colonies insisted that I was & dangerous Man and an enemy to Spain, and that I might be sent back to Cuba for trial. It is worthy of note that the extreme radical republi- can government would not release the imprisoned HERALD correspondent, against might no crime was alleged, because it would offend Cuban slaveholders. So strong was this feeling that even when Castelar came into power and proposed my release he was assailed by his colleagues, who accused:him of abuse of power and of having over- stepped his authority in rescuing me from tne vol- unteers o1 Cuba. For the correctness of this state- ment I have tie words of Mr. Castelar himself. He never ceased fora moment his resolution to release me, and from him I received always great consideration and kindness, He permitted me to correspond for the HERALD, thus removing a re- striction imposed by General Sickles when giving the guarantee of the United States Legation, I in- formed General Sickles of this fact waen he sum- moned me tothe Legation, and he said that, as the Spanish government had undertaken to treat directly with me, he had written a letter to the Minister of State with. drawing the guarantee of the Americah legation and desiring me to proceed with the Secretary to the Minister of State. Although I felt that the sudden withdrawal of the protection of the Ameri- can government at the most critical moment would expose me to the danger of being sent back to prison and consequent annoyances and humilia- tions, I simply acquiesced in the action of the Min- ister, saying that it was perhaps as well to bring matters to a point. This phrase was taken up and repeated almost menacingly oy General Sickles, as, after standing in that gentleman's presence for about 20 minutes, I bowed and retired with the Secretary. My walk to the Minister of State with the Secre- tary was pot verygay. It was necessary to con- ceal my feelings of contempt and indignation and listen and pretend to be interested by the elegant twaddle of my companion. A ‘man marching to the scaffold can support the trials of the moment, because they have a term and one inevitable; there can be no violent alternatives of hope and tear, because there can be no escape from doom; but with me all was uncertain and vague, The day was hot, but I did not feel the heat, and as I crossed the burning plaza the drops of cold sweat were rolling over my Jace, and the nervons jump. ing of my heart increased until every stroke sent @ thrill of pain through the whole system. The Minister of State received me kindly, read the letter of the American Minister cancelling my parole and surrendering me to the Spanish government, and said he would submit the matter to the Council of State, I was not handed over to the police, but allowed to go at liberty without any parole. [ might have left Spain at once, but thought that it would be better to wait a few days, in order to give Sefior Castelar an opportulity of granting me a formai release, I visited the historical scenes in the neighborhood of Madrid, no longer under zealous restrictions) no longer impeiled, like a ticket-of- leave man, to report to the Secretary of Le- gation that I had not broken my word of honor, From here I went to Cordova, thinking little of mosques or mausoleums, dread- ing the next civil guard I saw would take me into custody by the command of Mr. Castelar. From here I went to Seville, finding that city of riots perfectly calm, There were marks of war, cannon balls and rife balls, No one interfered with my journey, so I went to Cadiz, The steamer for Gibraltar had started, and there would be none other for several days, and by good fortune the United’ States ship-of-war Alaska came into port,’ The Captain received me kindly and informed me that he would take me to Gibraltar. On the evening of the 24th 1 went on board his vessel, and in the morning landed at Gibraltar, from which Place I write you to announce my final deliverance from Spain and my expectations to be soon with you again in the United States. Respectfully yours, JAMES J. O'KRELLY, THE TWEED TRIAL. The Somming Up of Counsel for and Against--- Charge of Judge Davis to the Jury, _— os BUSINESS IN THE OTHER COURTS. Yesterday Frank Dagpiel, a colored waiter, who had been charged with stealing $2 59 from another waiter on board the steamer State of New York, running from Hartford to this port, was discharged by Commissioner Shields, the evidence for the prosecution totally tailing to support the accusation. Not long since the distillery at Thirty-ninth street and North River was seized because, as it was alleged, spirits had by illegally removed from the premises, On Men- day night United States Deputy Marshals Dowley and Hackett proceeded to the distillery with the view of re- moving the property therefrom, when they were set upon by a lot of roughs, who used kuives and clubs to such an extent that the marshals had to call upon the police for assistance. But the latter, it appears, did not render much help, and, finally. the marshals were driven from the place. In the matter of the bankruptcy proceedings of John E. Fox & Co, vs. Jay Cooke &Co., the order to show cause has been issued by Judge Blatchford and is made returnable on Saturday n THE TWEED TRIAL, phe les Close of the Summing Up—The Jadge’s Charge. The Tweed trial was resumed at nine o'clock yesterday morning in the Oyer and Terminer Court. The SUMMING UP FOR THE DEFENCE, Counsel in his summing up handed in a number of writ- ten objections to the yarious counts in the indictment. Particular stress was Jaid on the word “audit” as being one of legal significance, the meaning of which cannot e determined by averments in the indictment. ‘The de- fendant, counsel argued, could not be bound to find out the exact amount due ona bill; otherwise, no matter how carefully he discharged the duty, if it could be proved that he failed to find out the amount, he could be convicted, Moreover, it was elearly impossible for such a duty to be performed, and the defendant was not to follow the cou prescribed tor the appropriate oMcers, and was boun't to accept the statements of Wat- son and Woodward. ‘Whe three defendants indicted were leit by the actto adopt their own method of auditing. Mr. Tweed clearly could not rely upon Garvey’s afdavit, for the prosecution retused to cal! him in evidence, and it must Le presumed that he relied in good faith on the co-operation of the eodefendants. ‘fhe act constituting the old Poard of Supervisors required that the accounts, after passing the Board, be audited by County Auditor Watson and approved by the Comptroller. and by analogy the defendant is rightto follow the same course under the new act. He had the audit of Watson and the approval of the Comptroller, and, more than that, of the Mayor, before he certified. With regard to the alle- gation that the defendants did not audit because they did not meet, Mr. Tweed could not compel his colleagues to meet. If they refused or neglected to meet, they could be compelied. Counsel next handed in a set of proposi- tions, setting up the idea that the word audit was a term of relative signification, Mr. Tweed was Commissioner of Public Works, and this office reqnired most of his time. The Legislature could not have meant to impose on him work which was impossible, if auditisto mean what it is described to bein the indictinent. Exelusive of duties devolving on him as Commissioner of Vublic Works, he could neither eat, drink nor sleepin the 24 hours if he was bound to audit the county claims in the sense of the indictment. Counsel next read a proposition that defendant had no control over the payment or otherwise of bills by Con- nolly, once the certificutes left his hands, and that he is not answerable for any loss of vouchers and other papers, unless it be proved they were in his custody when lost. Condemn Mr. Tweed on the defective memory or perjured memory of witness! Gentlemen, I shall have & word to say about those deposit tickets. We charge that they are suppressed to accomplish his damnation. They are between the bank and the Grand Jury room. Who laid hands on them but the officers of the law? J tell you, in these will be (ound most damning evidence against the bank, showing that there was collu- sion between Woodward and some one on the inside of the building in reference to his drafts, of which these were the tickets. Speaking of the defendant, he said, Gentlemen, I knew him in his sunshine, and i believe he will vet emerge from the shade, I knew him as a man from head to feet, and from,ieet to bead, a man torespect aud honor; and ‘if there is a particle’ of sus- picion around hia, it is not brought home to him by any Proot that could justily you in conviction. As to Gar- Vey. who was to be the principal witness to’ convict him, he was too rotten, and they could not pick him up but what he would tail to piece: Mr, Tremalu—Is this proper. your Honort Judge Davis—It is not. We lidve enough to do to attend to what is betore us. } ‘Counsel then went on to insist that the defendant was fully entitled to the benefit of his previous good charac- ter until the contrary is clearly proved, and reminded the jury that George Washington and Andrew Jackson, and even Charies O'Conor were maligned and their ac: tions misconstrued. Counsel reduced the case for the prosecution to these three circumstances :—That detend- ant’s name was on the face of the bill; thatit was on the certificate of audit, and that when Wood- ward was making deposits a credit was given to Tweed trom deposits by Woodward. The jury were not to con- Vict on suspicion. Though it were written ACKOSS THE FACE OF THE HEAVENS, “William M. ‘Tweed is guilty, condemn him,” the jury could not, under their eaths, tdke that in evidence. They Were not to suspect that defendant was cognizant ot Woodward adding two-thirds to Davidson’s bills, and Rotting Keyser to sign a warrant tace down. ‘To convict trom these circumstances *hey should assume that defend- ant, who was accused of controlling the Legislature and the city government, had put himsel! in the power of these parties and entered into a plan with his mintons to rob the treasury The legal presumption was that he signed his hame in good faith and that the deposits to his credit by Woodward were in payment of a debt. Counsel then ex- plained how the plan worked; Woodward and those act- inz with him used a sew ot the certificates to push through these fraudulent bills, and Mr. Lynes, who, as Copeland testified, made his entries trom the warrant on. the outside of the vouchers, never went to the trouble of examining the inside, but presumed it was all right, and could not know what was going on. There could have heen no understanding between tie detendants to plun- der, because as soon as the outcry was made Mayor Hall, one of the acutest criminal lawyers of the bar, instead of saying to Tweed,“Come, let us go over and see what thee vouchers disclose against allot us,” took Mr. Storrs and made him observe that Mr. Iweed’s name was ou a number of the certitleates. Counsel insisted that the tickets are putaway. Ihe Secretary of the Grand Jury never saw them. I! he ever laid his hands on them they would be sate, “Mr. Alien never saw them, I re- peat it said counsel, I’ charge that that guilty institu- tion suppressed those tickets because they would estab- lish a connivance between their building and Woodward, which would at ali evehts exonerate Mr, Tweed. Mr, Keyser’s warrants were pressed because Keyser was willing to swear the warrants were forged when he Knew, as counsel would A ea to that chey were not. But those’ who were after Mr. Tweed weve bad enough tor anything. Those whose interest it was to conceal youch- ers selected the biggest hearted man tora victim, Keyser mitted he gave Woodward power to collect on his bills. made Woodward as biack as he could, because Wood- ard has fled, driven away by twenty indictments, for no man could atord to stand and fight them ont. Keyser swears his ten bills were fair. ‘They dare uot cali Garvey to swear that his bills were manutactured, The jis of Ingersoll, Bollard, &e., are wot attacked at all, The only bili impeached on this trial is that of Davidson but that isa transaction entirely between him and Da- vidson, ‘There ts a man for you! Watson says, ": that,” pointing to a paper with its tace down, and he signsit. L chink he isa man that would hardly sign a paver with ifs tace up. ounsel reierred to John Garvey. who Was examined, as “ringing the bell tor Andy. Counsel had a vriet prepared tof crosscxamination of Andy, but, as he Was intormed, a shadow came and looked ver lis shoulder ard carried the iniormation, and Andy years. [know Mr. Tweed, said counsel, They may say what they please against him! They have’ said the same thing against ay good men, ‘They have taken proceed- ings to recover from him mdneys they allege he owes the county, aud the proceedings have been going on two years. Within the last two weeks, 1 am informed, the Chie! court has directed a reargument on a point pending between him and the people. No man knows what he would do until patinto the position of some one whose conduct is put under review. We are all subject to the same passions and inclinations, Task you to look on him him as you Mercy is not strained, but entle dew talliig on the flowers, doubly ssing the giver more than the receiver, The Court then took a recess. SUMMING UP FOR THE PROSECUTION. Mr, Tremain, in opening, spoke of the nattire and cx- tent of the damnable frauds ¢ with such trusts and with su them, No matter what party are in or out of power, it honost men are in oflice the. people's rights will be pro- tected. It is an honor to England and New York that they never had occasion to frame a code of laws to meet such frauds. The punishment of misdemeanor chai to the deiendant was at the maxinium one year's im prisonment and $200 One, or a minimum of ever one hour's imprisonment. The old republics had no law to meet the crime of parricide, and in our own blessed until the last exposures, When powers greater than those of Napoleon or the Czar were conferred ou indi with mercy and charity, and deal with ‘would desire to be dealt with. is as the N careers of honor open to viduals here prosecuted, we it necessary to frame laws to meet such gigantic frauds, Counsel for the defence spoke of Charles O'Conor, whose ex: ertions to bring those parties to justice, and whose efforts in that direction will endear him more to the memory of the American people tham it he had en- ere the office of President, and he could find no nigher indictment for these (ratds than criminal misdemeanor. Counsel went into the legal aspect of the case, and argued that the act of 1870 Was not repealed by the act of 1873, He referred to and commented upon various de- cisions on malfeasance tn office and especially empha- sized a decision that “every office Is constituted, not for the sake of the officer, but for the community,” and Bex vs. Holland, that where a duty is thrown upon @ commis: sion of two or more they are jointly and individually tn- dictable tor neglect. Counsel argued that in the common a man is nomipated to a second office, incompati- bie with the first, “let him give way to another,” in the e of the old writers, and then he will not be re- ible. In a case of comparative innocence a judeo lTreiand re Uy decided that all in public trust must know their ‘duy and do ie if they permit misappro- Priation the public | funds | by negligence or ‘ance they are to be held responsible. this citye acct oe sourteaye ana of local eglsiation ei courtesy, Tort to local ‘representacives.. Then the Tad lery as. |, of which the jury had sad experience. m the “7 ‘was clothed with the unknown power of appoint- ‘tments. Then comes the sweep- Hy clause 18 section S-All liabilities vreviows to this ‘act shall be pres jited by the Mayor, Comptroller and ent Prendent of tye Board of 8 mmmtted by men encrusted | Donde issued for these claims are now part of the sanding labilities of the city, and must be paid, for New York will never adopt repudiation, Section 12 is the only security injected into the act. Prior to that the Board of Supervisors audited. A majority decided they were to keep records and publish in the city and county papers the amount of every claim presented and allowed, ey were to meet at a certain time and place, that the public might know where to go; and at one fell blow all these provisions were swept away by the law ot 1870. “No clerk, no place of record, no publicity, no piace of audit, nothing but that they should audit and that the amount they found due should be paid by revenue bonds. Your ouly satety isin hold- ing these men, clothed with such extraordinary powers, to a faithiul, Honest and incorruptille discharge of their duties, ‘The Commissioners of Audit had no more power to commit their duties to Watson, their clerk, than to the town pump. ‘Iweed gave circulation to false papers by signing (alse certificates, and the three mdicted detend- ants certity on the printed form that they had duly audited and certified. When Mr. Graham repudiated with so much gusto the impropriety of attacking Wood- Ward, a man who is absent, he searcely practised what he preached in assailing’ Mayor Hall and saying he would @s soon call Luciter. Everybody is in conspiracy against him, the Mayor, the Comptroller and the bank. He said, continued counsel, that his clent’s heart was as big as his body. Perhaps, like most of onr profession, he judges of the size of a inan’s heart by the largeness o! his “ee. (Laughter.) No wonder a man with a million dollars not his own in his pocket, should give a large fee. It was no wonder counsel told you he loved ‘Tweed and believed him Innocent. Nobody holds bim responsible for that. Itis the happy taculty of counsel that he makes his client's case hi ¢ sleeps not, but studies night and day; he pores over It, and so loads hime! with am- muni‘ion for imazinary enemies that when ue comes to the bridge he breaks down, And no doubt he has a b lief that there never was such an innocent ax Twee since the days when the innocents were Bethlehem and all the coasts thereof, It wouldn't sur- prise ime if, when he dies at the clvse of an honorable career, he leaves adeed bequeath! all the wealth ho has accumulated by the successtul a ce of eriminals for a chapel to be dedicated to the nawe of St. Tweed. (Great lauv hier.) Counsel tor the defence—It f do, we must have the Rev. Mr, Iremain in the puipit. ‘Counsel went on to accumulate proofs that there never jaughtered in was a meeting of the Board of Audit but one, when the delegated their powers to Watson, aud argued that if there.was any other meeting they vould easily prove it. They meant to ) Up an appearance, but lett the whole thing to Tweed, and that was the meaning of the “authorizaticn of the collection of, amounts due being the certificate of the Clerk or President.” ‘They bowed down beiore the signature ot the “Boss.” These signatures Were false and fraudulent from the start. Who wasin the Scuate when these schemes were con- cocted and came cown and became the centre ot the Pivot from which the deadly missle was shott Who signed his name across the bills? Who wished the ev dence of his guilt away? Who stood with his bi pocketbook at’ the Broadway Bank to receive 24 er cent, on these nefarious gchemest Will- jam M. Tweed, whose signature was endorsed advance at the first and only — meeting held of this Commission of Audit. Day by day h eived his—as Boss Chief of the world, as ihe p) called bim—24 per cent at the bank. ‘This man, wh counsel make it a boast that he is able to give $1,000,000 ball; bution judement the property vanishes. | Sooner or later 1 hopé the law will condemn him; but at the end of three months after the civil suit, he walks outa free man, Mr. remain spoke of the enormous expendi- ture on this. ( wrt House, and said i poor, innocent ‘Tweed had lo d into the law he musthave known these items were illegul, These expenditures made the Court House more costly ‘than the British Houses of Par. Hament, and yet such 13 the accommodation taat counsel for the defence cannot cross-examine a witness without going through the counsel tor the prosecuuon—ail hud- dled together—and there is but one water goblet in court, and they have to drink at the rate of a gilla ume. A3 TO GARVEY NOT BEING EXAMINE the case was abundantly proved without him. The prose- cution wished (o spare the jury. They be! i would tell the truth, but they wished that m should be given to ‘the jury for not finding dict on unquestioned und uncontradicted When 4 case is so clearly proved, woy call upon one of the insiruments of the detendant in these vast 1rauds upon the city t- The defendant was tne central iizure of te ring, controlling the courts of justice, and his son Assisiaut District Attorney. It was ‘accidentally during the examination of Mr. 8,J. Tilden in the Broadway Bank that these gigantic frauds were discovered, and accounts were thrown open which otherwise would be sac 4s the conlession of a penitent to a priest or a client to an attorne, tweed received the hon’s share of the spoil. ‘Tbe vouchers are everywhere destroyed. His signature was the last act preceding the crime of the voucher. He very day reudy to receive his spoil, yet, according to his counsel, everybody but he is ra Copeland, chief evidence forthe detence, was | the orange trom Which ali juic Prosectition and then dropped. He took his eggs to market, to a defendant in distressing want for a witness, becausd all his good and honest witnesses had been in: dundrun away. What depemdence could be piaced on the testimony ofa warrant on which Tweed was ar- vested for his connection with the 1rauds, and who alter- wards swore the contrary? Mr. Peckham, though re- juctant to appear as # Withess, had to go upon the stand, and he swore thts witness, Copeland, never told him hé had notfull familiarity with the Vouchers. Copeland stands impeached by lis own aftidavit, by Mr. Peckham, who was associated in the prosecution with Charles O'Conor, and by Mr. Lynes. ‘Tweed took an oath to sup- port the Federal coustitution, but aiter the office of Supervisor, expired an impeachment would be useless. | The age is degenerate, and these old safeguards have to be revised. Within the last year three Judges of this city had to be impeacued or resign. Re. torin has to comuicnce with the people, by the verdict of hich shall wipe out the stigma brought on the the jury who acquit or refuse to cotlvict a man ed guilty divide with him the responsibility. ‘The gested the frauds were commited by taking tes off one bill and putting them on another; bat unfortunately for that argument there are no two bills for the same amount. If a rich man robs you itis no ar- gument that his counsel comes mto court and says it you get a judgment against him he will pay. The city, with ail the glorious advautages God has given it, and which the country shed rivers of blood to maintain, had to suffer because of the usurpation of power by three or tour men, and the blush of shame wes brought to their cheeks by the damnable frauds in which the chtefactor stood before them. ‘Ihe frauds committed aitracted the attention ot the world. The action of the jury would be tlashea with the spred of lightning throughout the world. ‘The position of we jury was one of great responsibility. The people are honest, ‘The great question is not whether Tweed shail be proved cuilty, for that question has been setiled ; but will justice | awful failure. | charged be bought and sold, will money be more powertui than justice—that they had to decide, One juror after the challenges had been exhausied took his piace among them; but, as Poor Kichard says, it is hard for an empty bag'to stand upright. A captain in the present police tapped him on the shoulder, aed that juror was set aside from the eat ‘he disgraced. Ir any attempt at compact had been made’ with those now on the jury the only way to act was to say, in the’ words of the Master, “Get behind me Satan.” No man on that jury could afford to bear the scorn of all men tor the sake of Wm. M, ‘Tweed. What will it profit aman to gain the whole world if he lose his own soul? Suppose the jury tailed to convict, and one of the jury was to advise his son not to haste to be rich, and that riches got by deflance of the laws of God and man are barren. “Why,” the son would reply, “Father, these doctrines are ante-diluvian. see the case’ of Boss T'weed; he worked up from the bot: tomort ladder, and drew millions without form of law, and appropriated one million to himself. Father, when he was tried, he had around him as cognsel the brightest ornaments of the bar, including oue who was Judge of the Court of Appeals, and who was so popular ‘among sporting men that they pamed a tast horse alter him.’”” Why, itis only the other day that ‘Judge Fuller- a distanced the ‘American Giri’ by three heats out of four. In conclusion counsel confidently callea for a verdict of guilty. The speech lasted over four hours, con- cluding at half-past five P, M. The Court then took a re- cess. JUDGE DAVIS’ CHARGE. ss At five minutes to seven, Judge Davis, having for light two candles stuck into bottles, commenced his charge. He commenced by overruling counsel's 0 tion that the statute of May 8) 18/3, repealed the statul he day’ previous, the latter bélng ex parritas materia, and both to be read together. The simple repeal ota law does not exonerate a man who violates a statute. He could nof go through the requests to charge seriatim, and ithe omitted any of them, tie wished lis attention to be called to it, He agreed to ‘the correctness of the proposition, that if the Comptroller pard out money, the offence was his own, not Mr. Tweed’s, unless it was shown he corruptly participated in the warraut. His Honor then said Le would gladly, if consistent with and his” high’ office," retr word on the case, ‘but. le it to the Jury on the summing up. He did not agree with those who thought a judge should refrain from giving the jury the aid of long experience in rea: ing the tacts by the aid of law. We live under a govern- ment of laws. There is not one law tor the rich and an- other for the poor. All are entitled to its protection and amenable to it, and if it turns out that it operates difter- ently with the poor and rich it ts not because of the law, but because courts and juries are sometimes weak, or, perhaps, worse. All public officers are servants of the people, clothed with duties to be administered for the public benefit, The people must entrust something to officers, and the officers must keep in mind the benent of the people; the office not being created for the ofticer, but tor the people. Courts and juries must see to it that this elementary ‘principle is ‘rigidly enforced, and if officers use positions to enrich themselves at the expense” of the people and plundered to enrich themselves, and if tle system grew ~ up that such men could purchase immunity with their ill-gotten gains, then our system of,government is a deplorable and ‘The casé is a very simple one in iteelt, and should be treated as if any ordinary person was with misdemeanor. In 1870 the Le created for auditing county liabilities a Board of Com- mission, as it ts called, though the Legislature gave it no name. ‘All liabilities incurred prior to that were to be audited by “the Mayor, Comptroller and present Presi- Gent of the Board of supervisors, from revenue bonds and on the certificate of the officers named.” It pro- at these officers should audit all bills prior to April, 1870, without specifying any mode in which their duty was to be pertormed. What did the Legislature mean by auditing? It says simply, ‘All liabilities shall be audited.” To” audit ‘accounts is to ascertain their justness and correctness, whether they have deen paid and if anything remains due on then, when @ body of men are appointed co awdit, they are ty take cognizance of the accounts and see i they are existing liabilities, and how much has been paid or is due on them. ‘This power was not given to individuals, but to a body of offic nd the claims were not against them, but thie tax payers, and it became an oMecial duty et trust to see to it that the claims presented were justly due, This power was given to them not individually, but in their collective capacity, and they were to pees pon the bills and bring to bear upon them their joint dever- mination. When the law imposes a duty on a body, it imposes the duty to meet and apply their concurrent de- termination. The majority may determine, where there is not an actual meeting oi all; but’ the law re- uires the concurrent action ‘of three minds, that they shail convene, orgauize, sit somewhere, ni take up the liabilities, and apply their current capaclty to see that the county is not on false claims. They cannot delegate their ‘hey may employ clerical heip to bring tne before them. “Bie indictment charges that these defendants had no meeting but one, and then, in- stead of auditing, delegated their power to officers and clerks, and then had the certificates sent around to them and if you are satisfied that the defend- neglecting to audit and taking the amounts uditors or clerks, you are to convict them under the three first counts in each set. The law pro- sumes‘every officer to know his duty, and if they certi- fled, knowing they had not passed upon the bills collect. ively, thus furnishing the basis on which the Comptroller was bound to pay, the offence was committed. The People claim'that what the law required was not done; law and justice, from saying = @ juves visors” &¢. The | brought that the minds of three men ‘ere not rought to bear collectively on the ciaims. ‘he resolution of May 6, 1371 ows that they Stood they were to meet as acommission, and in the ible they designate themselves @ commission, They direct the County Auditor to collect bills, the evidence that the Board of Supervisors had authorized the exvea- diture to be the authorization of the same by the com- mission. I think, is the meaning of the resolution. The County Auditor was to collect bills from the Super: visors, and evidences of their authorization by the Super- yisors. and annex blanks “for our signature and action,” If the County Auditor was to do all this and the commis sion met and audited the accounts before them no offence of neglect would be committed. If there is any evi- dence that there was any other meeting of the commis- sion during the peri from May to Sep- tember, 1, in which poate, were 26 of audit or alleged andit, give the defei the benefit of it The evidence of Mr, Lynes tends fto show there was but one meeting at (he Comptroller's office, It you conclude the simple neglect of duty here et, and it they receive mentioned, you are to convict emitted Xcoounts ‘not just and. tr ‘ue heir s@oction, to they are guilty, The before the Commission were Was extracted by the . ass McB. Davidson's account was 16, for safes. Somebody raised the claim to $4) . If it was origmaily $49,000 they might ay a mistake, but you find it raised. ‘The $49,000 deposit to the eredii Woodward, clerk of the Board of which Mr. Tweed was chairman, and the same day several thousand dollars passed by Woodward to Tweed's account, and I sub- mit this evidence to you, in the absence of any ex- explanation, to judve whether these men did thelr duty in examining und auditing that account. It might bespome rior ted bat Jou find that ont of 190 war. chers passed upon by that Board over $5,000,000 Went to. Woodwart's. account and tones rently there passed by transier to Mr. Tweed's account $982, d connect this with McBride & Davidson's Account. We have before us 10 of Key these gentlemen take up these accounts and pass on them as abourd of audit? He, by direction of Watson, took up old bills before the Supervisors, put new dates to them making them eceur not earlier than 1563, One o thein is simply, “For plumbing, roofling, &c.. an sundries omitted in generat bill” It does not way in whose favor the bill was tade up, and it bs certitied as ct. Another, for $17,000 for plumbing an‘! gas works ‘ourts, from January 1 to May 4, 1569, without 4 Solitary ite, merely referring to bills” rendered. His Honor next catied attention to Garvey’s bills for plastering, paintng and decorating the Court House, tor sums ranging trom $43,400 to $45,000, at short imtervals, and two of them on the same day in several instances. How did it happen, he asked, that Garvey could put in several bills tor $10.00 for repairs consecutively witht afew days? It appears by the bank books thas out of these claims of Garvey paid on warrants $779,000 were transferred to Woodward, and by Woodward on'the same day 33 per cent of it, If the defendant was guilty of nez- lect,he was Hable individually and jointly with the others. f'saccounts. Old So far for the first three coutits as to neglect. The other counts are for official misconduct. ‘The testimony shows an aggregate deposited to his account, from May to Oc tober, of over $1,209,000. Over $1,000,000 were transiers by Wood ward to Tweed’s account, ‘and all this is done, With one or two exceptions,on the days that Woodward re- ceives his checks from Ingersoll aud Garvey. The outside account was $200,000, and the additions irom a single source in a few months over $1,000. No presumption of law that this was a payment of & debt answers when the jury look back to where the money arose, and I sub- mit it'to you in the absence of “all explanation. Mr. ‘Tweed is a competent witness, but the statute provides you are not to infer anything by reason ot his silence. Was it in his power to show who deposited that enormous amount to his credit, or whether he drew it out? If you come to the conclusion he was carrying out a scheine to put $1,000,000in nis pocket and inore into other officers’ pockets, you are to convict lim, or the community have no protection against the rapacity, avarice and wickedness of public officers. His Honor then instrneted the jury that there were two presumptions in favor of Mr. Tweed—the legal pre- sumption of innocence and the presumption that as @ ju- dicial oftcer he was acting legally, and this presumption remains up to the time the jury dre satistied the certiti- cates were false, In conclusion he said:—I hope-you are prepared to deal with this case, not only to protect the public against the rapacity of officials, but also to give detendant the benefit of any’ reasonable donbt and ot a failure of proof. Tt you find him guilty of neglect onany number of eounts and not of all You will state on how many counts—on the Garvey, Keyser and Dav! ‘saccourits, ‘The indictment is not sustained on th and it you should convict him on th ourt will direct a verdict gf not guilty on them. ‘The seventh juror asked if they might have Garvey’s ed it the and ch then made by and exceptions taken, At tive minutes past nine the jury retired, THE SI0KES JURY. The Eleventh Juror Arraigned in the Court of Oyer and Teorminer—An Officer Attending on the Jury also Arraigned—Indictment Against the “Eighth” Juror. Atter recess in the Tweed trial an episode occurred which, to borrow an idea trom Byron's “Dream,” was not allan episode, It at ailevents was certainly of a character that was calculated to produce a decided im- pression upon the Tweed jurors. Some, indeed, went so fur as to say that it was intended as a sort of interme- diate melo-drama for this jury’s special benefit, but of course this is mere outside talk, Robert Porter, the eleventh juror on the Stokes case, was brought up and arraigned for having senarated him: self from the rest ot the jury when forbidden to do so. He pleaded not guilty, through Mr. Abe H. Hummel, his counsel, who stated that in the absence of Mr. Howe, hig associate counsel. he was unprepared to put in any other plea. Judge Davis, upon being asked to fix bail tor him. fixed it at $5,000. * John W. Hunt, an officer in charge of the jury, was then arrainzed tor negiect of duty He had no counsel and no meuns to emy He did not and that he had dove anything against his duty, ded not guilty. The gned Messrs. Howe all at $2,030, TE KIGHTH JUR 3 Against James D. Center, the “e Juror, an indict- ment was submitied, Mr. Hummel plead not guilty to the indictment, and $3,000 was fixed as his bail, BUSINESS IN THE OTHER COURTS, SUPREME COURT—CHAMBERS. The Union Trust Company. Before Judge Barrett. An appiication was made yesterday for an order per- mitting Mr. E, B, Wesley, Receiver of the Union Trust Company, to deposit in various banks the moneys coming into his hands as such receiver. It was stated that the object ot the motion was to permit the receiver to declare adividend in favor of the creditors on flve days’ notice, which could not be done within this time it the money is deposited in trust companies where longer notice was required, Six banks were named in which it was pro- posed to make the deposits. Judge Barrett granted the motion, stating that he would this morning designate the banks in which the deposits could be made. The Foley Injunction. Mr. John Foley is still fighting for his injunction against the Comptroller restraining him from paying the salaries of various clerks detailed from his bureau to do work in the City Champerlain’s office. Tne case was set down for a hearing yesterday, and Mr. Foley and nis counsel, Mr. A. R. Dyett, were on hand. ‘it turned out, however, that the Comptrolier, having set aside a3 special counsel Mr. Dexter A. Hawkins, has employed ex-Judge Beebe as his special legal representative, It Was reporied that the ex-Judge was sick and could not aticnd. “Judge Barrett put down the ease peremptorily for to-morrow, saying that whether counsel were sick or otherwise the case must be heard then, Decisions. By Judge Barrett. Ferguson ys Andrews.—Motion denied, with $10 costs. Kelly vs. Travis.—Motion denied, without costs, aud with leave to renew, &c.. Dime Savings Bank of York, Pa., vs. Halsey, Cobb vs. Eimore, Creveling and others vs, Blanchard, Cobb ve, Sey= mour, Hatch vs. Bulkley, Wells vs. Quick, Maplesden vs. Dolirenswert, Rutt ys.’German Insurance Company, McLean vs. McDonald and others, Goelet vs. McManus et al,, Meriden Silver Plate Company vs. Delevan, Hyde ys. Fernie et al., Law et al. vs. Craig and others, Clark vs. Tuomey, Rosentranz vs, Dentschland, Kesper vs. Wells, Parker et al. vs. Grimley.—Motions £ di. Gillender vs. Nelson, Jr., etal., C! rk vs. Tumey, Ans- tin, et al. ys. The Mayor, &c., New York.—Moticns de- ied. Hamilton vs. Hallenback.—Proof of service wanted. Mechanics and traders’ National Bank vs. Weiant.— Allowance of $3) granted. $ Kamp vs. Kampet al,—Plaintif’s application for an iowance granted and $100 awarded and detend- plication dented, : In the matter, &c.. Tatmadge.—Application denied. Dunham et al. vs. Mackie, Ferguson vs. Andrews.— Motions denied. with $10 costs Risley vs. Indiana B, and W. Railroad Company.—Mo- tion granted upon payment of $10 costs of this motion, Lowenstein ys. Martine.—Motion grauted, with $10 costs. Remington vs. Shaw.—Motion granted except as to the $41 50 costs adjusted, &c. Kelly. vs. Travis.—Motion denied, without cost: with leave to renew, éc. SUPERIOR COURT—TAIAL TERM—PART |, Verdict of Damages for Blasting. Before Judge Curtis, Frederick Koppelman rented several lots of ground in the vicinity of St. Nicholas avenue. He had here, be- sides his dwelling for himselt and family, hothoases and @ vegetable garden, from the products of which he earned his living. He charges that the blasting done in work on the avenue, under the superintendence of Jonn P. Cumming, was most carelessly done, that the frag- Ments of rocks broke in the roof of his dwelling, de- molished his hothouses and destroyed his garden; that his family were obliged to, leave the house at times, and that for one season he had to abandon the cultivation of some twelve lots of the ground he rented. He claimed $1,000 damages. The defence was that the work of blast- ing was pertormed with all the caro possible, and that the damages were much less than stated. The jury gave 8 verdict of $287 50 damages. SUPERIOR COURT—SPECIAL TEAM. Decision: By Judge Sedgwick, Palmer vs, Foley.—Motion to discontinue denied, with- ont costs. (See memorandum.) Dodge vs. Anderson.—Motion denied, without costs. Millan vs, Graham.—Reterence ordered to Clerk to take proof of the contents of Exhibit4. (See memorandum.) Frye vs. Frye.—Order for alimony to plaintiff and tor reference. a Phibbs va Bonker, Reefsnyder vs, Teyana, Geta tt ys. Force, Knapp et al. ¥s. Attmayer, Sohns vs. Rutgers Fire Insurance Company, Stoker va British and North Amore ican Matl Steamship 'Company.—Orders granted. Judge Curtts, Matly vs. Ruttiger.-Order granting a new trial, costs to abide the event. COURT OF COMMON PLEAS—SPECIAL TERM, Decision By Judge Larremore. In the Matter, &c., Weaver Farrell vs. King.—Applica- tion granted. Walker vs. Stanton.—Order satisfying judgment. and Eggleston vs. Knoeppel.—Order not in proper form. Richardson vs. MeNcice, Board ot, Comin Pilots vs. Nesbitt-—Orders granted. Sree kad pas. vs. Lemercier.—Report confirmed and divorce MARINE COURT—PART 2, — Action for Alleged Assault and Battery. Before Judge Gross. Catharine Fitzgibbons vs. John ©, Sandman.—Plain- tiff alleges that on the 2ist of March, 1872, the defendant entered her apartments, at No. 27 Hudson street, during the absence of her husband, for the purpose of removing a damper from the stovepipe. She informed him that the stove was thenin use and she could not have the pipe taken down at that time, but he insisted and pushed her back against the door with such violence as to severely injure her back, and she brings this action to recover dam- Ly for the bodily and montal suffering sustained, and the time lost, tn consequence of alleged assault. be] mises, testifies detendant, who w: landlord of the pi that the plaintif’'s husband had va ‘damper put into = WT which iprerteres A. a¥ me font s “tinman “to, ‘take out. the damper, Ww to ie but the plaintiff, having forbidden his emtering the room, de‘endantihen went up himaelf and gacceeded, teking down the pipo and removing the damper. He sai id not push or assault the plaintiff, but that she had ford of Rin when he had hold ot the stovepipe, and when the pieces of pipe separated there might have becm — a littie reaction, but that he did mot intentionally inure the plaintiff in any hin? ‘he Court charged the jury that if tne damper was put im without the auto ‘of the defendant, he had a right to remove it, provided he gained acce:g to the room without trespass and did no Vio'ence or mjury to the plaintit! or her premises; and it while engaged in the exercise of t righ? the plaintiff intertered, and apy- thing resulted In consequence of that interlerence, un; les: he injured her intentionally, the plameuft could not recover. The jury rendered a verdict for the det SURROGATE'S GOUAT. The Butler W1ll-Case. Before surrogate Robert C. Hutchings. ‘The hearing in this contested will case wae continaed yesterday with the examination of Mr. Martin B. Keese, an ex-deputy sheriff, and whose testimony developed the fact that the deceased immediately after his arrest and incarceration in Ludlow Street Jail drank “very hard’? and that in consequence his wind to some extent became impaired. Witness described his actions while ander confinement aud detailed his conversations, representing, then as strange, and his language wandering wnd Inco: herent, Robert B. Butler, 4 brother ot the deceased and A contestant of the will, testified to similar facts to those) given by K. additig to one of the main pointe’ ot the” contest that his brother ithe deceased). for some time Lefore his death was greatly under the in. fluence ot his ‘nother, in whose especial favor the will Was mude and winch gives her the entire property esti-, mated at $125,000. ‘The turther hearing of the ease wi be con to-day. Counsel for the contestants, Mr Samuel G. Courtney, for the proponcat, Mr. B. #. Dummy * COURT OF GENERAL SESSIONS, Conviction of Copperman, the Pawne broker, of Keceiving Stolen Goods. Before Judge Sutherland. As soon as the Court was opened yesterday, the Judge proceeded to deliver bis charge in the case ef Hyman Copperman, who was tried tor recelying stolen goods. At its conclusion, Mr. A. Oakey Hall, the counsel for the defendant, took several exceptions to His Honor's charge., The jury tetired at noon «nd at hali-past tive o'clock! rendered a verdict of guilty, coupled with a recommenda~ tion to mercy. Copperman'was remanded for sentence.! The detendant was completely overcome by the verdicty giving vent to his emotions by pulling his hair and othe: Violent demonstrations. An inieresting Case of ANleged Larceny Acquitta!l of a Church Sexton. An interesting case oceupied the attention of the Court during the balance of the day. 3 Sherwood, the assistant sexton of St. John’s Protestant Episcopal churehy, was charged with larceny. 1t seems that on Saturday, the 1th of July, about a quarter past twelve o’clock, Danie! D. Forman, while passing through Hudson street, ropped his pocketvook containing $135 in money and a check for $101; that ‘officer Savereool and John E. Hoaglay saw the deiendang. pick up a. pocketooox irom te slewalk, which appeared to have a lar number of bills in it; the ace cused gave the oilices lis name, said that he lived at 59 Vanda street, and that it ady one called tor itand proved it was hishe would give it tohim. The officer: followed the man@who gave lus name as sherwood, and! Saw him go Into the basenentot 69 Vandam street. Om the following Monday the officer visited the accused | dt John’s chureh. ‘ood answered ail the Inquiries put, denying that he picked up a pocket book. He then went to dinner, aud soon after Was takem into custody. For fence, the Rey. Dr. Dix and veral prom! gentlemen testified that they knew Sherwood for ‘ive years, and that his character for honesty aud tr less Was excellent. 1 brother testuied that to dinner on the day nd vemained there tll fact was also brought brothers in tae family e accused, Mis mother Thomas Sherwood returned hc an question at twelve o'clock twenly minuies & ne o'clock. Th out that there Ww. i and that the owner. ‘The jury rendered a verdict of not guiity on a technical legal ‘point, t the eilect that Was a reasonable doubt atthe time he found the pocketbook whether he meant to convert nouey iclonously to his own we. The jurors afterwards explained ‘tat they did not belicve the alibi. Larcenics. Briggs pleaded guilty to stealing $33 worth st of September, the property of He was sent to the State I’rison Jor Samuel of jewelry, on the 2 Catherine McArdie. 18 months. Mary Cinamon, who was charged with stealing dresses ‘om Kosabella Rich, pleaded quouths m the Pentientiary ris Sathman pleaded euilty tion being thaton ihe 18th of they stole $40 beionging to Adolph Meyer, they were sent to the Petentiary tor four mouths, An Assault. William H. Moore, an old colored man, who was charged with striking Andrew Rodney upon the head, om the Ist inst,, pleaded guilty. His Honor sent him to the Penitentiary tor three months. COURT CALENDARS—THIS DAY. th and ¢ t larceny, the alle Crrewe Count Nos. 36, 65, 82, 87, 98, 102 10 RI —Thtat, TER ‘Held by Judce : . + 633, 829, 6, Tél. P 4 Judge Van Vorst.— ia, sais. BO, 275) SM, SAL, 782, 05, 708, S14, 740, 8, 754, 7.0, 716, 822, 464, Cocke OF COMMON Pueas—Tktat Tznu—Part 1.—Ady journed until Thursday. g Count OF COMMON PLkas—GeNEeAL TeRs.—Adjourned for the term. 2573, 2375, 2343, 2809, 257, Part 3—Held by Judge ( 2517, 2520, 2027, 2674, 2708, 2805, 2545, Court oF Gexerat Sxsstoxs—Held by Judge Suther- land, —The People vs. Edward Kenney, robbery ; Same vs. Richard Pulham, felonious assault and battery; Sal vs. Henry felonious assault and battery ; Sam . John Hogan, telenious assault and batte: John Shepherd, telonious assault and battery ; Mary Herbes, vs. grand echo Girt vs. Scott, grand larceny; same vs. John Sullivan, grand lar. ceny? Name Ys. grand larceny; Same vs. James A. Hun- ter, grand larceny; Same ys. Keary A. Dunn, grand lare ceny. Saine vs, Mary J. Green, petit larceny ; Same va, Rovert Launder, attempt to induce perjury; Patrick Conroy, assault and batter; BROOKLYN COURTS. briel Mary A. SUPREME COURT—CIRCUIT. Sanderson’s Libet Suit. Before Judge Barnard. Lawver E, L. Sanderson is suing Henry C Bowen @ second time for alleged libel, and claims damages in the sum of $50,000. On the first trial, which took place in January last, the jury rendered a verdict in favor of the Plaintiff for $500; but Mr. Sanderson was not satisfied with the result, and had this second trial granted. The alleged libel consisted of a statement published in the detendant’s newspaper concerning an angry interview between Sanderson and a man named James, in tront of the Court House. Sanderson was counsel or Mrs. James in some litigation, and one day her husband, who had not been on’ the pleasantest terms with her, met the lawyer in front of the Court House an expressed himself’ rather vigorously, to the edification of @ crowd that quickly assembled. A'reporter of Bowen's Paper was aiso present, and “wrote the thing up.” San- derson admitted that the thing was correctly written up, but averred that what James bad said was uncrue, A re- traction, written by the piainuf himsel!, was subse- quently published in the defendant's paper. ‘frimble’s ‘triumph. In the case of Garside vs. Trimble, which was an action for $2,000 damages, for an assault allezed to have been committed on the plaintifY, who is a woman, the jury rendered a verdict for the defendant, fyimble is an old man, being nearly 7U years ot age. The case was re- ported yesterday. SUPREME COURT—3PECIAL TERI. The Mount Fiorence Estate. Before Judge Tappen. In the suit of the Cnited States Trust Company vs. Hel- ena Craig et al, which involves the Mount Flurence estate on the Undson, a motion was made for a resale of the property. The estate is a valuable one and is in the name of Helena Craig, whose husband is a bankrupt, and proceedings have been instituted by his asdgnee to have the title deciared to be in said husband. This action was brought to foreclose a first mortage held by the Trast Company, which, with interest, dc. amounted to About $31,000, UNn'Sune 10, 1573, it Was sold by J. 0, Dyke mau, reteree, fo one James B. Brown tor $3590). He put up $1,070, but failed to complete his purchase, and the premises were readvertised and resold, October 14, to A. ©. Vail for $35,200. This sale was in the midst of (he anic, and the purchaser was unable to procure the $1,070" deposit, required by the. terns of sale, buy offered to give the referee $4,000 United states five-iwenty bonds, and to procure cash by the next day. He also made other ojfers as to bids at an adjourned sale, but the referee, thinking that by the decree of the Court he was authorized to receive ‘oniy a lecal tender. revused all oitors, and Immediately put up the property again, and itwas bid in by L. B, Bunnell, who represented the plaine tiff at the sale, for $82,000, He guve up Marshal Lefferts as his principal, On the part ot the defence itis alleged that the par- chase was made by Leiferts in collusion with Frown, and tor the purpose of keeping him in control of the pro- erty, and to give him time to complete his. purchase, ‘ail claims that he is worth more than hts bid, and is willing to start the bidding at @ resale at 93°20, the amount at which it was knocked down to hin, und also claims that the sale to Letierts was a colinsive one. ‘On the other hand, the plaintitls aver that the sale wae made in good faith, and claim that the rereree had 0 right to receive bonds or anything but cash from th purchaser, and that the referee waited two or thi hours tor Vail to fee, bis Gepost: and further, that, te sale was public, and the parties Wel have Did on the property it they wished to protect thet ve: ihe motion for a resale was denied, with $10 costs CITY COURT—TRIAL TEAM. The Spencer Divorce Trial—A Chureb Singer Implicated. Before Judge Neilson, ‘The Spencer divorce suit came up for trialin open court yesterday. The plaintiff, Mr. Thomas 7, Spencer brings action for an absolute divorce from Caroline $ Spenceryon the ground of adultery, The charge is that Mrs, Spencer had been on terms of improper intimacy with Mr. George C. Hall, a New York merchant, and Mr. _.N. Wilder, a member of tho choir of Dr. Ci ti ee avetiue Presbyterian church. apts fe ie je Spencers were marrie tober, 1864, a together undl June last Thoy have tad six eniapons bu only two are living, 6 pirl four years of age, and w intant boy of 16 months, ncer is S danetier, he ate William Bradbury, of New ¥; husband ‘and hersel held igh soc Position in ok tnd alleges that she was deserted by ber husbands who . ad Age hod [is Be ns of chil. wwite is destrons of rewaiutig sustody of ther: he trial Was commenced yosterday afternoon, a after some testimot been taken, it was adjo unt to-day. The Allexations of both sides have been fully reportod in the Hersnp on the oecesion ot oud brelimibary proceedings on motions for alimony, &ey