The New York Herald Newspaper, November 22, 1873, Page 11

THE Bankruptcy—Polisies of Life Insurance as Collateral Security for Debt— Important Question. & NEW ADVERTISING DODGE. he Daily Register on the Grab---Getting Extra Pay ‘or Corporation Advertising. Areport prevailed in the United States District Court yesterday that another petition in bank- wuptcy bad been flied against Jay Cooke & Co., but Many such petition had been lodged the papers re- Jating to it were most carefully kept from the presentatives of the public press attending the ‘ourt. The books and papers of Castade & Crooks, No. 6 Beaver street, have been seized by the govern- ent on the allegation that the firm have been kmporting goods at an undervatnation. An extradition case came up tor hearing yester- Way in the United States District Court before ‘Commissioner Osborn, It wus that of Stephen Albert Smith, a young man, who is charged with haying, in the month of September last, in the founty of Middlesex, England, uttered two forged | Feceipts—one for £52 15s. and the other for £1 188,— avith intent to defraud Thomas Bass & Co,, the em- Inent brewers, in whose employment the prisoner had been, Aiter the commission of the alleged bifence Smith flea to this country, and was in em- ployment in this city for some time before his Rrreat, which was effected on 1 warrant based on Sic ween made, on information and belief, by ir, Edward Mortimer Arcnibald, the British Con- pul. When the matter was called up yesterday, ¥.F. Marbury, counsel for the English government, Appeared for the prosecution; and, after submit- Ling the mandate of the President authorizing the proceedings, there was an adjournment of the case bntil Thursday next. BANKRUPTCY. Policies of Lite Insurance as Collateral Security for Debt—Important , Ques- tion. festerday, in the United States District Court, J dge Blatchiord rendered his decision in the matter of Frank F, Newland, a baukrypt. Sub- Joined we give the material portions of it:— On the 16th of April, 1872, the bankrupt filed his woluntary petition in bankruptcy, and was on the 3d of April, 1872, adjudged a bankrupt thereon, ‘Among the debts proved against his estate was one by Mrs. Lucy Van Antwerp, his motber-in-law, on two promissory notes made by him, witnout in- ferest, for money loaned to him by her at the dates of the notes, neither of which notes was due, The proof was for $3,450, the vankrupt having paid 550 upon the debt before his bank- uptcy. On the 6th of April, 1870, the bankrupt took out a policy of insurance on his life for $4,000, payable to Mrs. Van Antwerp as col- lateral security for such debt. He paid the pre- imiums on such policy quarter-yearly to the time of ‘tung his petition. Afterwards, and to and in- gluding the premium for the quarter year during yhich the surrendered value of thé policy was xed, as between Mrs. Van Antwerp and the as- ‘signee in bankruptcy, the premiums on the policy a paid with moneys furnished for the purpose D Mrs. Van Antwerp. Prior to the making of any widend of the assets of the estate the assignee ‘and Mrs. Van Antwerp, by agreement, submitted 40 this Court jor decision the lollowing questions :-— , 1. Whether the assignee can require Mrs. Van Antwerp either to surrender the policy to him and fake a dividepd on all her claim, or to retain the Polley and withdraw her proof of debt. ‘¢ 2. Ifsuch election on her part cannot be re ‘quired, what shall be taken as the value of the col- flaieral security, to be deducted from the debt, wo as to arrive at the amount on which Mrs. Van Antwerp is to receive a dividend from the estate? The Court answered the first question im the megative, and decided that the value of the policy , ‘to be deducted from the debt, must be taken at $15 15, which was the then cash value of the poticy n'a surrender of it to the life insurance com- aking such credit the debt, less a rebate of in erest, stood for a dividend at $3,208 20. On this Bum a dividend of 20 awed cent was declared, and he amount ofeuch dividend, $641 64, was paid to rs. Van antwerp, March 18, 1873. Mrs. Van utwerp retained the policy, and kept 1t alive by aving the premiums which aiterwards be- came due onit. Alter the dividend was paid, and peut the Iie of the policy, the binkrupt died. rior f declaring & second dividend, the following guestions have been certified tor decision:— 1. Alter crediting the $1313 upon Mrs. Van Autwerp’s debt had the assignee any further estate, right or interest in the policy, or has he ‘Dow in the proceeds? 2. In case he has any such rights is Mrs. Van Pare to be allowed for any, and if yea, which of the following items ’—Rebate o1 interest, or pro- ortion thereo!, since her notes became due; pre- | Teums furnished by her betore the valuation and a of the $13 13; premiums paid by her aiter at, 3. Can she, in either case, retain the past and articipate in future dividends, or can the assignee require her to withdraw irom participation in further dividends. 4. If she is entitled to the whole of the $4,000 in the first instance can she be required to return, or in any Way give the assignee the benelit of, what has been already credited upon the original debt, ite 550 and the $641 64 received by her as div- end ? Amoi ther points contended for on the part of thecredftor was one to the effect that the question 1 the value o/ the policy, as against the assignee, js res adjudicata, and cannot be opened. For the assignee it was urged that the equity of the case is with him, and that if the creditor shall receive the $4,060 and shall retain the $550 and t<2 ‘1 64, and shali receive further dividends from ‘he estate, she will be more than paid her debt in fal, while the other creditors Will not stand tn the same position. Judge Blatchford, in his decision, says:—I ar of Opinion that the position taken by the creditor is Det sound, * * The policy now Is substantially @ pew socurity. Ivstands as if Mrs. Van Antwerp jad never had anything under a policy uatil sue gan paying the premium herself after the $13 13 as ited. * * * Mra, Van Antwerp has Bubstantially taken out a new policy since 4ue bankruptcy, anil before a second dividend is and ought to credit on the debt what she realizes on the besides crediting other payments on the debt, and when her debt thus paid she ceases to be acreditor, As the g y, that sam ou; ligy not having been. surrendered, Fic ia_be chai at 01 its proper original amount, iA nverest. ‘Then there should be cred. the $550, with proper interest, and the 64, with proper interest. The amount of be policy, 80 far as necessary, should be applied extinguish the balance due on the dobt, Mra. Van wee having credit for, and being re- funded with interest, the amounts paid by her tor emiums after the petition was filed, either Rh the bankrupt or rye Out of the bal- any, then left of the policy money, the as- signee mast be refunded the $550, with Interest, and the $641 64, with interest. It is referred to the Register to state an aceount on this basis and Report it to the Court.” Charles M. Earle, for tne @szignec. John L. Hill, for the creditor. QUSINESS IN THE OTHER COURTS, UNITED STATES CIRCUIT COURT. A New Rule. The following new rule was promulgated yester- @ay:— Hereafter in all cases brought to this Court from the District Court by writ of error or appeal or Petition of review the Ulerk of the District Court @hall annex to and transmit with the record of pro- ceodings of that Court, a copyof any opinion or opinions filed in that Court upon the decision of any matter contained in such record or proceed- oe nd if nosuch opinion has been flied such Clerk shall so testify, wud the said opinions or such certificate shall be ‘considered as filed in the case in this Ln of Mig BY copy thereof shall be trans- mitted with the record to the Supreme Court in the cases provided for by the amendment to the gighth rule of that Court, promuigated April 28, Ais, L. B. WOODRUFF, Cirouit Judge. - SUPREME COURT—CHAMBERS. Decisions, if Judge Barrett. Merino vs. Field.—vraer granted, ‘The People, &c., Rosenthal vs, Schmidt et al,— Order granted. ‘Thomas A, McConnell vs. Josephine A, McConnell.—Keport confirmed and judgment of dt- vorce granted. Appleton vs. Bowles.—Report confirmed and order granted, s! In the Matter of the Application of the Appoint- Ment of a Special Guardian and jor Sale of Inter. est of James A, Wright and others,—Keport con- armed and bia asa Ken is udge Fane . The Peopie, i, Tracy vs, Greet. Motion for mandamus denied. The People ex ‘rel. Palmer vs, Groon—Ihe re. counts. |= | sylvania, and hoped @ severe sentence would be | Was omphaticaliy denied by the receiver and the NEW YORK HEK. lator has a remedy, for which reason mandamus ts le SUPERION COURT—TRIA TESM—PART I. Getting Extra Pay for Corporation Ad- vortising. Betore Justice Curtis, A Suit was brought in this Court oy John B, Fas. bitt against the city to recover $6,672 for publica. tion in the Daily Register o1 a notice tor redemption of lots sold for non-payment of taxes and assess. ments, the notice, as claimed, having been pub- lished twice a week jor six weeks. The deience, which was conducted by Assistant Counsels to the Corporation D. J. Dean and H. J. Foster, was that the paper contracted to pubiish for one year all porporsnag advertisements ior $9,545, and it was insisted that the publication ot this notice came within the specifications of the contract. In op- orition it was Cluimed by Asststant United States istrict Attoiney ‘remain that notice was sent to the Comptroller that the charge for this would be 26 cents @ line, aud that word came back to “go ahead.” The testimony had reference to the contract, and Judge Curtis left it to the jury to de- cide upon the simpie question of fact, whether the advertisement in question came nuder the general or a special contract, The jury brought in a ver- dict tor the full amount claimed. SUPERIOR COUBT—SPECIAL TERM, Decisions. By Judge Sedgwick. Dodge vs. Anderson.—Order granted denying plaitit’s mouion for leave to discontinue, without Costs, &e. * Norton vs, Ward,—Motion denied on payment of $10 costs. Cause to go on December calendar, &¢, Ninth National Bank vs. Dodge ana Others,— Order amending summons and complaint. First National Bank of Richmond, Ind., vs. Jay Cooke and Others.—Motion to set aside Summons and complaint denied, plaintift iorthwith to file a bond, &c. Order entered, McLaughlin vs. Work and Others; Franke and others.—Orders granted. By Judge Van Vorst. Giles vs. Austin.—Stenographer’s minutes and exuibits on both sides should be sent to the Judge before who the trial washad,. couRT OF COMMON PLEAS—SPECIAL TERM, The Comptroller and the Assessment Books. Before Judge Larremore. Application was made in this Court yesterday by Mr. Isaacs, a lawyer, for a mandamus directing the Comptroller to allow him to ¢xamine the aasess- meat books. He charges that Mr. Green, for the reason (uat he does not want assessment lawyers to get assessinents vacated, has shut down on the freedom of access heretoiore allowed to these books, He says iurther, that to perfect titles to real estate itis necessary frequentiy to examine these books, and he uiso alleges that when he weut to see the Comptroiler he was treated with great discourtesy. Judge Larremore took the papers, Decisions. by Judge Larremore. Dougherty vs. Dougherty.—Reierence ordered. Brennan vs. Cassidy.—Application granted. Shorter vs. Sanger.—Prisoner discharged. Hogg vs. Rador.—Same decision. Siegel vs. Nichols.—Default opened on payment of costs of motion and of term. Booth vs. Le Sete laces granted, Goniot vs, Trimble. otion granted, (Seemem- orandum.) May vs. COURT OF GENERAL SESSIONS. Another Receiver of Stolen Goods Sent to the State Prison, Before Judge Sutueriand. The first case tried yesterday was un indictment against William N, Lounsbery, charging him with receiving about $300 worth of lace collars know- ing them to have been stolen from the store of Morrison, Herriman & Co., Broadway. Captain Williams saw Lounsbery passing through Houston | street in the company of a thief, and, supposing that something was wrong, arrested him, and upon examining the package found the laces men- tioned inthe indictment. He traced the goods, and an examination proved that two clerks of the firm had stolen $6,000 or $7,000 worth of valuabie laces, The jury rendered a verdict of guilty with: out leaving their seats, Assistant District At- torney Russell informed the Court that Lounsbery had served a term inthe State Prison of Penn- passed. His Honor sent the prisoner to the State Prison for tour years and six months, George Chiivers, jointly indicted with Louns- bery, pleaded guilty to grand larceny and was re- manded for sentence. Coppe:man, the Pawnbroker, Sing Sing. Myman Copperman, the pawnbroker, who was convicted early In the week of receiving stolen goods, was placed at the bar for sentence, Mr. A. Oakey Hall, counsel tor defendant, moved for a stay of proceedings in order that His Honor might have time to examine the'bill of exceptions, especially with reference ¢o the admissability of @ portion oi the evidence of the thief who stole the foods, which, Mr. Hall claimed, was extraneous. le (Mr. Hall) argued that it was error on the part of the Judge to permit the prosecution to apply guilty knowledge as to prior transactions to the specifip charge in the indictment. Assistant District Attorney Rollins quoted nu- merous authorities in opposition to the ground taken by the learned counsel for the prisoner. Judge Sutherland deciined to further postpone the sentence, as the legal rights of the accused would be protected by a writ oferror. In view of the recommendation of mercy by the jury, His Honor sent Copperman to the State Prison for two years and six months, Robbery ot a Captain at Peck Slip. John Reilly was tried and found guilty of an as- sault with intent to rob Gilson Bedell, the cap- tain of aschoover. The complainant testified that while he was standing in South street, near Peck slip, waitit fora car, about ten o’clock ca the evening ot the 8th inst., the prisoner end another | man came up and assaulted tin. They knocked out two or three of his teeth and tried to steal his gold watch; but he succeeded in preventing them and followed Reilly & lew feet, when an officer ap- peared on the scene and arrested the prisoner, Sentenced to the State Prison for seven years, | Grand Larceny. Mary A. Dunn was placed on trial, charged with stealing a pocketbook containing $26 in money and $600 in promissory notes, on the night of the 22 of October, from Jobn fh Dotlner, while walkin; through the Bowery. She was convicted aud sen! to the State Prison tor three years, ¢ Acquittals. Thomas Mahon and Thomas Curtis were charged with stealing # drawer, containing $26, from James Smith’s a se store, in Harlem, on the 2ist of Uctober. They were Wrath ei John Sullivan, a jeweiry pedier, was charged with stealing $450 from the drawer of Adam Brewner’s bakery, 402 East Twenty-thira street, in Septem- ber. The proof against him was nightly circum- Stential and the jury promptiy acquitted him. Sent to Makine Court.—Non-enumerated Motions and Appealr from Orders—Held before Judges Gross and Joachimsen.—Holske vs. Ludwig; Oakes vs. Clayton; Munroe and Another vs. Brown ; Goodkind vs. Benning; Allien v8. Winsbip; Fleischauer vs. Wortge ; Polhemus vs, Bogert; Sprague ve. West- ern Union Telegraph Company; Spelman et al. va. Resancon; Main vs. Haas; Movongan va. Klein, COURT OF APPEALS CAL” NDAR, ANY, Nov. 21, 1873, dar for November 119, 120, 121. BROOKLYN COURTS. SUPREME COURT—SPECIAL TERM. The Union Trust Company, Before Judge Gilbert, Judge Gilbert yesterday rendered a decision de- nying the motion for a receiver of the Union Trust Company, of New York, in the place of E. B, Wes- ley, Mr, Wesley was appointed in a suit brought in New York against the company by a Mr. Kelly, an employé, who sought to recover $8,000, The charge was that Wesley, the referee, was one of the trustees of the compan a that, as receiver, he has conducted his al ‘8 solely with reierence to the beneflt of the trustees and stockholders. In other words, he was charged with collusion. This Al Court of Appeals day ci 24;—Nos, 288, 88, 30, 112, 1M company. YVesterday’s Decisions, By Judge Tappen. Handioy vs. Higgins.—C. Higgins appointed guar- dian ad litem, Callagher vs, Shelan.—Lis pendens cancelled. ‘Tribune Association vs, A. J, Bleecker.—Striking out party defendant, Nash vs, Smith.—Consent to discontinuance, Yoster vs, Faden,—Keference to M. Butzel to take proot. - Foster vs. Christel.—Reference to J, 0. Cloyd to ear, Marks vs. Marks.—Order striking out party de- fendant; referee to sell, German Savings Bank vs. Raylor.—Report of J, R, Merchant confirmed, \ ele vs, Manuing.—Order of reference and Bale. “4 Hall vs, Robvins.—Order of reference and sale. Frost vs, Landsdell.—Report of referee con- rmed, ‘ In Matter of Appointment of L. Honderman.— Reference to A, Barret to take proof. In Matter of Appointment of |. Andrews.—Re- Port of referee confirmed and conveyance ordered, Lyons vs, Thompson,—Order entered, | dant. allow! tim (6 aimed su on ‘ing plain amend par ag &e, Weeden vs, Oberlee.—Relerred to F. E. Dans to take proof, CITY COURT—SPECIAL TERM. A Civil Engineer's Suit. Before Jndge Neilson, Wilson Crosby, a civil engineer, nas brought sutt for $1,582 against Francis Morris, formerly a stock- holder in the New York, Utica and Ogdensburg Railroad Company. The plaintiff was employed te ao and did do work onthe road from November, 1371, to February, 1872, and the claim he now makes includes the ‘claims of several other parties which have been assigned to him, In the action brought against the company in the New York Su- preme Court tn July, eT, a Verdict was rendered against the company tor $1,563; out the execution was returned by the Sheriff unsatisfied, Crosby now falls back on Morris, and seeks to make him liable under the law of 1850, It 1s claimed by the defendant that he had ceased to be a stockhelder prior to the date of this claim, having disposed of his interest in the company to one W. H. Depuy. Case on. KINGS COUNTY SUSROGATE’S COURT. The Grifith Will Case. Before Surrogate William D. Veeder, William 4, Grifith, well known asa manufic- turer of billiard tablea, left, it is said, about $75,000, His will, which was aumitted to probate in June last, devises all his property (exeept $1,000 to Mrs, Catherine Ross) to his wife, and appoints her executrix and guardian of their only child, William Ross Grimth, fourteen years of age, The deceased leit no ascendant and no other descen- Aaron B. Grifith, one of the brothers of the deceased, in Uctober filed allegations against the validity aud probate of the will, The case came up yesterday before the Surrogate, when a motion was made on behali of the executrix, legatees and next o/ kin to dismiss the allegations, | on the ground that no brother of deceased had the right to interfere, not being next of kin, legatee or entitled in any contingency, under the statute, to a distributive share of the estate. The Surro- gate reserved his decision, For execntrix and guardian, John B. Perry, of Banks & Perry; for Aaron B. Griffith, Roscoe H. Channing, UNITED STATES SUPREME COURT. Wasninaton, Nov. 21, 1873, No, 104. Brent, Surviving Executor, &c., vs, Mary- land, for Use of Worfield—Error to the Supreme Court of the District of Columbia.—This was an action on a trustee’s bond against the surviving executor of one of the sureties; and the main question 1s whether, in the case of an order of dis- tribution and payment made to the trustee, it 1s necessary to the maintaining of a suit upon his bond that it should appear that service of the order was made on him and demand made of pay- ment of the sum specified therein. ‘the Court below held that the trustee was bound to know the fact of the order, and that service was not there- fore necessary, and the judgment was tor the plaintiff. The same question is presented here, the appellant contending that, without the averment of such notice, the suit cannot be maintained. T. T, Crittenden for plaintiff in error; 5.8. Henkle for defendant, No. 107. Dubois et al. vs, Walker—Appeal from the Circuit Court for the Southern District of New York.—The question in this case is whether, in a suit brought by parties in New York for themselves and other creditors against parties in another State in the federal courts, a citizen of the same State of the defendants may be held as a creditor and participate in the benefits of the decree. In this case the Court decided the qnestion in the aflirmative and allowed the resident creditor to stand on the same jooting as those residing out of the State, and who brought the suit, holding that the proceeding was supplementary and dependent, and not original, It 1s here maintained that the petition of Walker, the resident creditor, was an original proceeding, and, as such, could not be brought tn the tederai Court, because he and the defendants in the suit were citizens of the same State. P. Phillips for appellant; R. T. Merrick tor appellee. No. 113. Gienneet al. vs. Johnson et al.—Appeal from the Circuit Court for the Northern District of Georgia.—This was a proceeding to set aside an alleged fraudulent conveyance of real estate to avoid the claims of creditors. The conveyance was by Johnson to his wile, and the defence was that she had paid for it and placed all the improvements upon it by her own earnings, gained with her hus- band’s consent. ‘The appeal urgea that money earned by the wife when oe 4 with her husband cannot be vested in the wife for the benefit of her separate estate, free irom the debts of her husband, Only when living apart from her husband can such be the case. The Court erred in sustaining the deience. Boyles & Arnold for appellants; appel- lees Dot appearing. No. 110. Gacey vs. Irwiu et al.—Error to the Circuit Court for the Eastern Districi of Virginia,— This action was in ejectment, to recover land in Alexandria sold for taxes under the Direct Tax act of 1862. The claim was that prior to the sale a tender of the tax was made, and that it was declined by the commissioners because it was not made by the owner in person, ‘Fhe Court below held that this tender rendered the sale void, ana the judgment was for the claimants. It is nere urged that no formal tender was made, and that the commissioners, Im @ conversation with the | agent of the claimants, merely Geclined to recog- nize any tender or paymeut except by the owner in person. in consequence of fhis declaration no tender was really made, and it does not appear that the agent was, in fact, prepaved to make one. For this reason a reversal is asked. lovghby for plaintiff in error; 8. F. Beard tor de- dendants, No. 114. Batesville Institute etal. vs. Kaufman et al.—Appeal irom the Circuit Court for the East- ern Distriet of Arkansas,—In this case Woomack & Welch were adjudged creditors of the Insti- tute and were entitled toa lien thereon for their debt. Being indebted to Hirsch & Alder, they made a deed of trust for the benefit of the latter firm. This firm assigued the deed and the notes of | Woomack & Welch to Kaufman and others, aud the question is whether the assignment by Hirsch & Alder vested in them title to the judgment on the mechanics’ lien of Woomack & Welch, so that the assignees could file a bill in thelr own names. The Court below sustained the disputed title and over- ruied a demurrer making the point, and it is here contended that Kaufman & Co, should have sued | in the names of Hirsch & Alder, for their use and benefit, or shouid have made that firm de- fendants, 80 as to have completed the assignment and to have had themselves subrogated to their rights, A. MH. Garland for appellants; W. Rose for respondents, . BOARD OF ESTIMATE AND APPORTIONMENT, The Board of Estimate and Apportionment met yesterday afternoon at four o’clock., There were present Mayor Havemever, presiding; Comptroller Green, and Presidents Vance and Wheeler, of the Boards of Aldermen and Taxes. Comptroller Green offered resolutions, which were adopted, to the following effect:—Authoriz- ing the issue of $300,000 of assessment bonds; | authorizing the issue of $300,000 of Croton main stock; fe gle, feoviaty $10,000 to repair and clean the Police and Civil Courts. The issue of the assessment bonds is to ratse funds to complete street improvements in the ‘upper party of the city. 1e Comptrolier stated that property benefited would be assessed while the work was going on. This would enable the Department of Public Works to employ more laborers and add to the funds of his bureau. The issue of Croton main stock isto make additional layings of Pipes to more perlectly distribute a supply of water up town. This would also give employment to a large number of the unemployed. WORK FOR ONE THOUSAND, Of the awards of contracts for public improve- ments made by Commissioner Van Nort, under ordinances of the Common Council, at the public lettings in August and October last, and which were then transmitted to the Finance Department tor approyal of the sureties, there remains in the hands of the Comptroller awards for works amounting to $709,600, which would give imme- diate emplpyment to at least 1,000 workmen, if so approved by the Comptroller, THE OOUNTY TREASURY, Comptroller Green reports the following pay- ments into the city and county treasury yester- day:— From taxes of 1873 and interest... ers + 9822,583 From arrears ot taxes, assessments ahd interest... 4156 From collection of assessments and interest...... 90,262 From water rents... Pevenensie 1.649 From vanit permi 145 From fees and fine 33 From licenses, Mayor's oftice. 132 From market r 8.962 Total....+ 5,094 A BOY ORUSHED BY RAIL OARS, Yesterday afternoon Augustus Cremin, @ lad 12 years of age, whose parents live at No, 213 Kast Fifty-first street, while crossing Third avenue, be- tween Forty-second and Forty-third streets, was knocked down by car 40 of the Third avenue line and Killed, the wheels passing over his body, The pal were takea home. and Coroner Herrman notified, ALD, SAIUKDAY, NOVEMBER 2 Mr. Wil | THE HARLEM BOILER EXPLOSION. Sclinarcieriidistadisini Third Day’s Investigation Before Coroner Kessler—Examination of Contractors, Ma- chinists and Engineers as to the Strength and Quality of the Boiler. The investigation as to the cause of death of the victims of the Harlem boller expicsion was con- tinued yesterday before Coroner Kessler and the jury at the Coroner's office. The inquiry com- menced at twelve o’clock and was continued until four. The evidence submitted was that of contrac- tors and machinists as to the quality and strength ot the boiler, upon the eMiciency of which great strength was laid by all the witnesses. WHAT CONTRACTOR DILLON SAYS. Sydney Dillon, of No. 5 West Thirty-seventh street, was the first witness called, He tes- tiled that he was a contractor for the Fourth avenue improvement, from the Harlem River to Forty-second street; the work was given by the Harlem Raliroad Improvement Company; about three-fourths of the work was given out to sub-contractors; lved at Spring- fleia, Mass., and was the principal contractor for | the Fourth avenue tmprovement; at particular | parts they had foremen; Mr, Hall had charge of the machinery; that part of the work from 124th street to Harlem Bridge was sub-let to Coyne & Beemer; the contractors were compelled to do the work according to contract; witness and his part- ner did not furnisn the sub-contractors with ma- | chinery or tools of any description; the company’s | engineers make a report of the work done moutily | and the progress made; the sub-contractors, as far ag he could ascertain, were good, straightfor- ward and reliable m®; never heard from any per- son, directly or indirectly, that the boilers or en- gines were unsafe; Mr. Buckhout is the principal | engineer of the Harlem Raliroad; could not tell | whether they were reliable or not; thought that | Coyne & Beomer, the sub-contractors, stood in the same relation to them as they did to the Hariem Railroad, In answer to Coroner Kessler witness said they had no power over the sub-contractors, and they | had no right to dictate to them whether they should employ steam power or use manual labor; | that was a matter left to their own discretion. The original specifications between the witness and Coyne & Beemer were handed to the Coroner for inspection. DILLON & CLYDE'S MACHINIST. William Hall, of No, 223 East 126th street, testi- fled that he was a machinist, and had charge of Dillon & Clyde’s machinery, drilling tools and boil- ers; had never been sent to examine the engines used by the sub-contractors, Coyne & Beemer, WHAT A CONSTRUCTING ENGINEER SAYS, John Belmore, of 110th street and First avenue, testified that he wasa constructing engineer in the employ of the Harlem Gas Company; was the owner of the exploded boiler; bought it on the 6th of October last from A. 5, Camerou; it | had been used 41 days previously; it was. then a perfectly new bolier; on the 29th day of June, 1873, the boiler was let to sub- | contractors on the same line of works, named | Anderson & Hand; it was used by them | | until the 15th day of August, for pumping, under | witness’s control; thought from its general ap- | | pearance that it was a Very strong boiler; after | | working the 41 days it was sent back to A. 8, | Cameron; witness was to pay-them $2 per day for the use of it; on October 6 Mr. Beemer called upon him in reference to procuring him a boiler tor hoisting purposes; Witness, accompanied by Mr. Beemer, went to A. S. Cameron, and was told that it was about 10-horse power and would stand about 80 or 100 pounds pressure ; witness thought it | Would be sate at 120 pounds and thought it was one | of the strongest made boilers he had ever seen, and | agreed to purchase it from the makers for $250; at the same time he let it to Mr. Beemer for $2 per day; witness’s connection with the boiler then ceased; the boiler was delivered by Cameron & Co, to an expressman, who conveyed | to Coyne & Beemer; a man named it James Ridley, a steam gas fitter, was employed to fit it up; Mr. Ridley refused to run the boiler, and | witness told Mr. Beemer and recommended him an engineer, named Johnson; subsequentiy Mr. Barnum was employed to run the boiler; had occa- sionally seen the boiler at work; never noticed anything wrong about the boiler and never made any repair to it; never noticed a crack or faw in it Ofany kind; had seen a little leak between the plates just above the iurnace door; had been told that the boiler did not make steam fast snoughs had seen 80 pounds pressure of steam in the boiler | atone time; never had the boiler tested; it was perfectly new when he first got it; the man who fitted it up was in my employ; ne | was not a _ licensed engineer; was told | | by the makers that it was competent to ! carry 82 pounds of steam; Ridley was einployed by witness for some time to run tne boiler on | Beemer’s work; knew at the aame time that he was hot alicensed engin<zer, but believed him a competent man; witness was nota licensed engi- neer; the fittings Of the boiler were steam fittings, and not gas attings; never reported to the Board | ot Policd that he was the owner of the boiler; Ridy | | toy said he would not run the boiler if it was to be | tended by the boy; believed the boiler was quite large enough to do the work it was required to do; | was employed by the Harlem Gaslight Company as constructing engineer ; the tubes oi the boiler were about one and one-half inches in width and two | feet in length; when witness passed by the boiler | on the aay before the explosion the engineer was not there; all the engineers of the gas company were under witness’ charge, and they were all compelled to show certificates; witness, as super- vising engifeer, did not need @ license; witness examined the boiler beiore buying it, and under- stood that it had been tested. The jury here took a recess.of 15 minutes, After Recess. Mr, Kinney, clerk of Messrs. Cameron, the ma- chinists, was called, and certified as to the hiring of the boiler by Mr, Balmore and Its subsequent sate; be believed the boiler to be a good oue; it Was not tested to his knowledge, TESTIMONY OF HUGH 8. CAMERON, Mr, Cameron, of the firm of Cameron & Co., $ia- | chinists, said that he bought this exploded | boiler, with other bollers. from the New York Steam Engine Works about twelve or eighteen months ago; he bought them as new machinery; | he purchased the lease of these works in 1568, when he inoved in; his firm did not make boilers; he sold this boiler for $250 to Mr. Balmore; | he hired it to him wrst at $2 a day; | the boiler was @ very good one; it had been under | cover, with others, since It was made, with the ex- ception of a few months, when it was exposed to the weather; it was a perfectiy safe boiler; Mr, Balmore said to him soon after he had hired itand worked it that it worked admirably ; the botler was not tested before it went out of his place; he would be willing to stand on that boiler at 120 pounds of steam; he thought it was obligatory on the owner to have the boiier tested; three holes were drilled by his firm for steam cocks; he did not furnish the cocks; Balmore did not ask him, so far as he can recollect, whether the boiler was tested or not; if he had done so he would have told him; had never told nim that it was not tested; had told him that it would bear 100 pounds of steam; had not examined the boiler since the explosion; his | theory of the explosion was that it had generated gas; be did not toink it would have exploded at 180 pounds if there had been suMcient water there. TESTIMONY OF RIDLEY, THE ENGINEBR, James D. Ridley, the engineer who fixed the en- gine and boiler for Coyne & Beemer, the contract- | ors, said that he resided at No, 343 East Twenty- ninth street, He explained that he was employed by the Harlem Gaslight Company, and that under the instructions of Mr. Baimore and with the con- sent of the President of the company he had fixed the boiler and the attachments, and also the en- gine, for the contractors at 126th street and Fourth avenue; he rau the hoisting machine, ‘and while doing 80 he had the boy Daggett to assist him; Mr. Beemer asked bim if the boy could not look after the boiler and he (Ridley) do the pumping; he re- pited, “No, I will attend to the engine and boiler myself;"’ while he had charge of the boiler it was in good condition, and it was a very strong boiler; he had sole charge of it during the time he worke: for Mr. Beemer; the boy Daggett sometimes snter- Jered with the boiler and he told him not to do it. At the conclusion of this witness’ testimony the Ee vl § was adjourned until Monday, at tweive 0 . POLICE MATTERS, Transters of Detectives and Prometions of Patroimen. For some time past the Commissioners of Police have been stadying the qualities of the men at- tached to the detective squad and estimating the | fitness of each one for the duties of the ofice. The result of their labors was made known yesterday after the morning meeting, and the following om- | rs were transferred to precincts for patrol ay :—John McCord to Sixteenth, Thomas J, Kelso to Ninth, James Lemington to Sixth, Jehn J. Tull, to Fourteenth, George Radford to Twenty-third, John F. Dickson to Twenty-third, W. B, Moore to Fourteenth, Joseph Eustace to Nineteenth. ‘To fill the places made vacant by the transfer of these oMcers the following patroimen have been romoted to the detective office:—Patrick Leahy, rom the Bighte Joseph H. Woolsey, from the ‘Twenty-filth; Zabriske H. Mullin, from the Twenty- ninth; Jacob Van Gerechten, from the Twenty. eighth; Richard King, from the Tenth; Richard Field, from the Filth; John J. Dunn, irom the Sev- en le Other transfers are to be made to-day, but the names of the men destined for removal have not been made public, Lhe Commissioners say it is onughiy competent Aad eMleient brauch ot the Pes emicions branch of the Llice Devartmepr- <4 2, 1873.—TRIPLE SHEET, ; of men all , good feeling, raced their shoulders to the wheel, PROPOSED INTERNATIONAL RIFLE MATCH, Challenge trom Ircland to America. A Team of the Members of the Irish Rifle Assceiation Will Cross the Ocean and Meet an Equal Number of Repro. sentative American Shots. It ts no doubt well eatablished that wherever im- portant tests of skill are made with ‘rearms, whether of the shotgun or of the rifle, tne thousands in this country who love the amuse- ment and glory in the reputation of being consid- ered superior marksmen, evince the greatest in- terest in such trials. It matters but little te the intel'igent portion of this class of Americans whether these contests take place across the ocean or within the limit of the United States, it is all the same ; they watch with eagerness the result of the competition, snd accord the victors that praise which is due to successful efforts. There are 80 many excelient marksmen in the United States with the rifle, who fully know the great ad- vantages due to its skilful use, and the benefits to be derived from the healthiul and manly exercise of rifle shooting, that they are in iriendiy accord with the same class the world over, and hence interest themselves in any achievement they may be accredited with. Thus year after year the rifle shooters of this country have watched witha marked degree of eagerness, the annual trials of skill at Wimbleton, where the famous long-range | shooting for the challenge shield given by Lord Bicho in 1862 brings together many of the best shots of Great Britain, armed with the most highly finished and delicately fitted match rifies, And when the result is received by the American rifle shootera the progress of the competition is eagerly discussed, while the scores made are narrowly scanned, for it is weil known that since the trophy was first shot for it has been in the possession of English teams eight times, Scotch teams three times and a team from Ireland once, that being at present, and won by them in July last aiter competing nine times against the pick of the best smali-bore ehots of Great Britain. The reception of the “Irish Eight’ when they re- turned to Dublin, and the subsequent interesting ceremony of Ireland taking possession of the shield, which was done with great pomp and pa- geantry, need not be repeated here, as it will be remembered by many. It wasa great day for Old Ireland, and the friends of the victorious Eight claimed, with commendable pride, that had the Irish competitors enjoyed the same advantages aa the English and Scotch during the twelve years tne trophy hag been shot for their success would be nothing to boast o1; ‘but when itis remembered that the English and Scotca teams are recruited Jrem thousands of volunteers, and the Irish trom | ‘entiemen in two clubs—one in Belfast and one in Dublin—the chances of the competitors are shown to be manilestly unequal. But the Irisimen who organized our Eight year after year and won second place four times were not content with this balked victory, In the face of great odds and constant changl gin the personne/ of the team, they strug- gied until perseverance apd industry and devotion Were rewarded by @ triumph as well deserved as tt | was umequivocal.’’ And, winding up the well- wishes and praises bestowed upon the victors, the Same ai ticle from which the above extract is taken says:—“On all sides there is ground for congrata- lation, tor new courage and new strivings alter skull. And here is the point. The picked members of the Irish Rifle Association, having vanquisiied their old opponents of England and Scotland, are look- ing for other foemen worthy their meeting, and | thus are casting their eyes to these shores to find | such. Ina word, the founder of the above asso- | ciation, Mr, A. Biennerhassett Leech, of Dublin, | has forwarded to the HERALD a challenge to the riflemen of America from the rinemen of Ireland represented by ihe association in question, and from waich he will select a veam, which he will Match against an equal number of American rifle shots, to shoot in the United States, in the autuma of 1874. In a letter accompanying the chatlenge Mr, Leech writes:— It is likely to bring to a succossfat Issue-an interna- tional rifle match which I beg to propose between Lre- land and America. . ‘At the great rile mceting held annnally at Wimbleton, a teain of eight Gshmen shooting with Iria made rifles bed year Leut the picked eighis of England and Scot and. As we great American nation has long enjoyed a Work wide reputation for skill in rifle shooting, it ocours to tae thatthe enclosed challenge trom Irish ‘riflemen, now the champions of Great Britain, would be aceeyte and if s0 a team would be organized to visit the Umited | States in the autumn of 1574, Here is a chance for the famous shots in the fleld of sport in this country, and frum the perusal of the challenge herewith {t will be found that there are no nampering conditions imposed, the only re- strictions being those that would be expected in the event of such a match. THE CHALLENGE is as follows :— CHALLENGE 10 THR RITLEMEN OF AMEnIA PROM TET RIVLEMEN OF INFLAND, REPRESENTED BY THE MEXBERS or tae [Risa Ririk Association. ir. A. Blennernassett Leech, founder in 1867 of the Irish Rifle Association, will select trom the members a team which he will match against an equal number of | ie er eeraere American rifle shots, to shootin the beans States, in the autumn of 1874, on the folowing | conditions :— Targets, Scoring, ¢c.—fame as adopted by the National Rifle “Avsoclation of Great Britain at Wimbleton. (when the [yish eight won the international match for | the Eleho Hau.gee.—80), 0, 10.0 and 1,100 yard ny Rifies.—Any not ¢. ing 10 pounds weight, but with- out telescope sights or hair-triggera. F Position.—Any, but ne aruficial rest permitted either for the rifle or person of the shooter, ; The American team to be composed exclusively of rifle. men born in the United States, and to shoot with rifies of American manufacture. The Irish team will sBoot with rifles by Rigby, of Dut- | in. As this onamenat is given to decide the title to the rifle championship of the World, Mr. Leech will require a sut- ficient stake to be put down, not tor the sake pecuniary gain. but asa g' will meet the representativ Mr. Leech desires to draw the attention of the Amert- can people to the tact that the laws of Great Britain tor- | bid the formation ip Ireland of ritle corps similar to those which exist in sryat numbers in England and scotland, and that any skill acquired by Ir'shmen in rifle shooting is the result of individual exertion under dificnities aris- ing from discouraging legislation. Bonus, Oct $i, bere ‘ARTHUR B. LEECH. The question of accepting this chalienge will doubtless be immediately considered by the lead- | ing, rife shots in the country. If brought about it will create Intense interest and do much to aid the effor's of the National Rifle Association and make Creedmoor more popular, perhaps, than it has been. Could not the officers of the association find a team of rifle shots in the Unites States that would prove the victors inguch @ match? It is well worth the trial. TROTTING MATTERS IN THE NORTHWEST, SEASON OF 1873, A NRE CHICAGO, Noy. 13, 1873. The season of turf and trotting sports for 1873 has, with the advent of snow and frost, come to anend. The white carpet has been spread eariler than usual, and the eongealed earth of the tracks gives back a metallic clang from the pressure of the shoe in place of the elastic reverberation when in order for speeding. In attempting to briefy recapitulate the doings of the past summer in prairie regions I am at a loss where to begin or what to say. As a general thing the sport has been unsatisiactory, and, therefore, the task becomes barder than if stire ring races and pleasant/assembiies were the theme, Some of the June meetings which were held in Michigan and Indiana gave promise of a rare year, but the early hopes were blasted, and, with few exceptions, the subsequent races, trots and fairs were “stale, fat and unprofitabie.”” The July meeting in Chicago, ‘the metropolis ef the Northwest,” which it should be in spdrts and rec§ reations as well as in grain, pork and lumber, was gotten up with fervent anticipations of a glorious result. From the earliest inception the citizens took hold of it with @ vim, an energy, a deter- mination which augured well. There was lter- ally no opposition, merchants, members of the “Board,” manufacturers, lawyers and mechanics freely giving their aid and countenance without solicitation, Editors and journalists jomed in the a trifling arantee that the Irish team shots of America. “boosted” it on hign and dry ground, so high that the grade thenceforth was descending and nothing on the track to jar or jolt the well-oiled machine. The membership tickets, although double in price those of any previous year, were sold at once, and if the hundred sheds, which were a part of the privi- leges, had been quadrupled, purchasers would not have been wanting. The well balanced car rolled on, the entries exceeding the hopes of the man- agers, and putting them to their utmost endeavors to find stabling for the horses which came from ail sections to take part in the games, The 20purscs had 172 entries, many of the names celebrated in racing and trotting annals, m bers of the front | rank of eapine aristocragy, victors of hard fourht - n nelds, striven for by the sparkling waters of the San Antonio, battied tach by tack im the sheltered vaileys of Westchester, The 1st of July came, and the inauguration was accompanied by vivid lightning and tue bursting of water apouts, The track was acanalone mo- ment~in half an hour horses were trotting over it faster than they bad ever sped before. Th¢ people were not to be debarred from the antici- pated pleasure; they came, unterrified by thq linding bolts, heedless of the deluge. was cl hi On went the spate, One the second day Tepetition of the M Water poured so rapi: into the Coy ong | room of the ‘ey tl holes had to el amen tl floor to give outlet to the undant fluid. From the races course on one side, trom the trotting track on the other, the torrents rushed, and yet there was nm cessation of the sport, Although the high- thoroughbreds had to splash er the mu which covered the ground they had to there was firm footing below, and there was @ re- bound to the springy soll, but the trotting fae Was impervious to moisture. ®& material imported {rom the banks the Ilimois, it scarcely soiled the bright colored wheels, hardly flecked the coats of silken-haired steeds. Pleased with the determti tion to amuse them, the Regple failed not to cor although the third ‘and fourth days were of tua same character, Theard a prominent oMcial of the Buffalo Park remark “that it was wonderful; here was a trot- timg track which rain, or deluge, in fact, could not injure ; here were people so enthusiastic that the worst weatler imaginable could not keep theny away. In Buffalo,” he added, “a tenth part of tl in would stop all trotting. If we could have the trote we would not have one-hundredth part of the visitors.”” Richly dressed ladies, which a few moments’ breaking of the clouds had enticed to | don their braw costumes, threw the protection of @ waterproo/ areund their fineryand came cheer- lutly to the course, their smiling, happy faces dis. petling the gloom, their applause of the winnera coming like a sweet strain aller the reverberations of the thunder, To offset all this good feeling, to render nugatory the labor of mont! there came a deathbiow, What the elements could not effect afew rascally drivers accomplished, The park managers, caught in their toils, aided in the demolition. Owners directed that their horses should not better ‘‘thete record,” and by some skilful sorcery, some potend Magic, threw @ glamour over the men who had the affairs in charge so that they could not see the enormity of the crimes they were accessories to. + Those who had given every thought, every energy to advaucing the “royal sport,” hung their heads and sorrowfully departed. Newspapera which had given cheering words from the melting of the snows in the spring till the ripemed was ready to garner, hurled anathemas and de« nunciatory articie:, which fell with scathing effect when all knew the invective was deserved, i And thus came the shadow which blighted she tur! prospects of Chicago for tee rest of the seasom of 1873, and, in a measure, cast a gloom over the surrounding country. It is true that Goldsmith ~ Maiti enticed a goodly number to witness what shi covia do; but it was only to see her wondertul e: ploits; it had no semblance of a race to remii them of former shortcomings; it was merely aa “exhibition of speed,”” which could alone be shown by the little hana | beauty. 4 The season closed with a lamentable display, when owners, managers and drivers united in @ scheme which proclaimed them all scoundre! and when bated by judges whom they though had not the requisite practice to note their villan- ous proceedings, they clamored for the money tl hey | had fairly lost, and had to undergo disgrace of the meanest sort to redeem the dollars they hoped tq double by iraud and chicanery, The men who, they trusted, would unknowingly become accome plices in thefr schemes, frustrated their Tascally rojects, although, ha they possessed a iurther insight into their arious practices, they could not baye been imposed upon by lying devices, and would have compelled the joss of the money they thought more of than their nonor and honesty. Still, there are some bright spots; and in this hastily written sketch of the sporting events of 1873 in the Northwest it is pleasant to chronicle those which were not prostrated with the incubus of knayery. x At Aurora the Fair of Northern Illinois was @ great success, and the grounds of the association were thronged with delighted spectator® Ese pectally were they pleased with @ race between Bodino, Red Cloud, Brotber Jonathan and Lady Mac, The half-mile track was deep with dust, ana the two first named fought Wwe? inch, as though life and fame depended upon their exertions, The son of Volunteer defeated his ere rival, both. striving so violently for the garlaud of victory that it redeemed baser contests from the obioquy the! rested under, and enemies to the sport conceded, there was something very exhilarating in a true effort for supremacy, and were ready to acknowl- ede, were the cancers excised, there was no wholesomer, better amusement. At Eurlvilie the meeting was likewise success- fol. Those having control of the park at that placa. bad taken special pains that there should not be even the semblance of a fraud which they could be associated with or @ mean act laid to their charge. Hence their reputation insures them sup- port, and those very wen who are ready to join in cunningly devised Schemes at places where thelr depredations will be overlooked are found to be- have themselves In better company. At Galesburg the patrons of sport fought a hard battle, and came out victorious. The track, tne buildings, everything to be accomplished alter the meeting at Chicago, with the papers of that city req counting the drawbacks attendant on racing, ag shown by the late the opposition made every effort to stop the work entirely. Froitleas was the endeavor. The sound of the axe, the ham- mer, the saw, resounded from early morning till the stars were shining; the plough, the harrow, the grading machine, the brush and the scraper work~ ing in unison, o that when the autumn leaves had become dyed with brignt hues they had the best track in the country, well adapted to both racing and trotting, with buildings which would be credite able to any place, their first meeting satisfying those who had so bitterly opposed it—successiul im every particular, Pekin, Peoria, Joliet, Beloit, did moderately well, while on the Uccidental side of the “Father of Waters.” Davenport, Dubuque and Des Moines, delighted their patrons with exhibitions which pleased the wsthetic tastes of the multitude attend- ing, Without raukling remembrances of fraud t@ embitter the enjoyment, By the turbid Missourt, the alluvial soil re-echoed with the cadence of the measured rootiall of the biood norse, the tramp of the trotter the refrain of the harmony. At Council Blufts, Omaha, st. Jog Topeka and Kansas City, exciting were the races, and hot the strife, AN UNBURIED CORPSE IN A CHURCHYARD. About one o’clock yesterday morning the res mains of a female child were found inside the rail- ings of St. Paul's churchyard (south side) and taken to the Third precinct station house, in Cham- bers strest. The body was taken to the Morgue and Coroner Herrman notified to hold an inques EUROPE. ey FIRST CLASS MANUFACTURING DUTCH HOUSER, in white goods, linens and draperies, tickings tor beds and mattresses, window curtains and sun blinds, gray linens, &., is desirous of extending. its operations With established houses in America and East and West Indies, having already successfully traded with those countries; very advantageous terms. Address letters t paid to U. 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