The New York Herald Newspaper, December 6, 1873, Page 8

8 THE COURTS. The Grinnell Bankruptcy---Propo- sition for a Settlement. BUSINESS IN THE OTHER COURTS. Ernest Clifford, who had been charged before Commissioner Shields with selling cigars without having them properly stamped, was yesterday ais- charged on $1,000 bail for examination. James Gallagher, of Third avente, who had been accused of selling liquor without paying the special tax required by law, was discharged yesterday by Commissioner Shields, who Held, upon the facts, that the defendant was not liable. THE GRINNELL BANKRUPTCY. Proposition of the Bankrupts to Make a Settlement. Yesterday, in the United States District Court, a petition Was filed on behalf of George gird Grin- nell and Joseph ©. Wiliams, bankrupts, and George B. Grinnell and George Bird Grinnell, bankrupts, through Messrs. Martin & Smith, their attorneys. The petition contains in sub- stance the following statement :— George Bird Grinnell and Joseph 0, Williams, the eneral partners jn the limited partnership of eorge Bird Grinnell & Cc., in which George B, Grmneil was the ‘special partner, filed, on Oc- tober 15, 1873, their petition to ad- judicated = bankrupts, and to have the imited partnership in question adjudi- cated bankrupt. This petition, together with the proceedings to be taken thereunder, was referred toone of the registrars, Mr, H. W. Allen, and on October 16 George B. Grinnell and Joseph C. Williams and the limited partnership reierred to were adjudicated bankrupts. On the following day George B. Grinnell, one of the general part- ners in the general partnership of George B. Grin- nell & Co., flied a petition asking to be adjudicated a@ bankrupt and to have the general partnership adjudicated bankrupt. The prayers of these peti- tions were granted by the Court, and the proceed- ings in the limited and in the generai partnership were consolidated. of the creditors of the bank- The first meetin rupts’ estate took place on November 14, 187. No assignee was appointed and the meeting was ad- journed till the Sth of the present month. It ap- pears that the petitioners have effected an ar- Yangement with the whole of their secured as well a8 unsecured creditors, including all who have proved their claims, with the exception as herein- alter stated, and have got from them written con- sents that the proceedings in bankruptcy in this matter be discontinued, that the respective assets and property of the bankrupts be relicved and re- stored-to them, and ask that an order be entered to that effect. Toe petitioners declare that they are ready to produce and prove beiore the Registrar all of the consents in question, so that they may be passed upon by that officer. The creditors who have not given their consent to the matters stated in the petition are Wiiliam Graydon, a creditor of the pe partnership for the sum of $56 52; George |. Holt, a creditor of the general partnership for the sum ol $477 70; Mrs. H. B. Wilmarding, a credi- tor of the general partnership for the sum of $652 20, These creditors have all proved their claims. The petitioners have been unable to ob- tain the consent of such creditors to a discontinu- ance of the bankruptcy proceedings herein on ac- count of wheir absence from the city. The sum of all the debts oi the creditors who have not signed their consent amounts to about only $3,500. The limited partnership when it was declared bankrupt placed with the Registrar $25,700 belonging to it, and the general rinership placed with him $29,950, its property. oth of these sums the Registrar has ey al! in the Bank of the state of New York, where they now remain subject to the order of the Court. The petitioners have expressed their willingness that there shall be retained su much of this money as the Court may direct to fully pay the claims of the creditors above referred to; and they pray that the matter be referred to the Registrarto take proot with respect to the allegations set forth in | the petition and to report to the Court whether, in | Dis opinion, the bankruptcy proceedings ought to be discontinued. Judge blatehford has directed the entry of an or- der granting the prayer of the petition. BUSINESS IN THE OTHER COURTS. URITED STATES COMMISSIONERS’ COURT. Alleged Violation of the Internal Reve- nue Law—The Case of Henry Howard— The Defendant Discharged. Yesterday Commissioner Osborn rendered his decision in the case of Heury Howard, who was | charged with having made false and frauduwient returns of his income’ as a distiller In 1869, and presented the same to the Collector of Internal Revenue. kor the purpose of proving the alleged Offence it was sought to introduce tn evidence for | the prosecution a paper ‘ound among the docu- ments in the Collector's office. It was claimed that this was Howard's return of his mcome tor 1669, inasmuch as it contained his signature and the verification of the statement therein con- tained, and aiso the name of the street and the buinber oj the house in which Howard resided at that time. Mr. L. W. Emerson, counsel for Howard, | objected to the introduction of the paper in ques- tion as evidence, holdtng that the government Lad not connected Howard with it, Commissioner Osborn in his decision says:—''To sustain the charge o! criminality there should be such proo! as the law of evidence requires to ideu- tify the de,endant with the document tendered in evidence—that is, it should be shown that Howard made the return to the Collector, and that it is fraudulent. It is as incumbent upon the prose- cution to prove the crime in a preliminary exam- ination before a commissiuRcy cs 15 is ine crimi- hal court of record; and the same rules of evi- dence are to be applied with the same strictness before a commissioner as beiore @ jury. In this case the prosecution has failed to prove the handwriting in the body of the docu- ment referred to, and it has also failed | to prove that the signature to it is Howard's. No competent evidence has been produced to show that Howard had any connection whatever with | the alleged fraudulent return, and the law requires | something more than an Inference that ne ren- ! dered it. No one accused of crime iscalied upon in | @ court Of justice to explain a written document containing his name and residence, when it is shown that the signature is not his. The deiendant 18 entitied to be discharged. ‘The defendant was accordingly discharged. COURT OF OYER AND. TERMINER. Case of Yates, the Alleged Ratiroad Bond Forger—Lockwood, the Arrested Burg- lar, Secking His Liberty. Before Judge Ingraham. Joseph J. Yates, charged with being implicated in the heavy forgeries some three months since, and which at the time created such a furor of ex- citement, of some $500,000 worth of bonds of the New York Central and Buffalo and Erie Railroad companies, after his prolonged sojourn in the Tombs, is becoming active, and, if he cannot pro- cure his discharge, desires speedy trial, claiming that he can prove himself innocent of tue charges preferred against him. On the opening of this Court yeste:day Mr. William F. Towe, his counse!, Who had procured a writ of habeas corpus and cer- tiorari in his case, insisted that he should be either tried forthwith or discharged. He said that Yates had been confined three months in prison witn- ont having been accorded the statutory right of an examination; that he had never been taken before any magistrate; that he was committed without a hearing or Gpportunity to prove his innocencs oi we charges of forgery preferred S2amsl him; tuat Yates solemnly a Si tied his {nnocence of the perpetration of tlie 7. hat he had a good and substanual dence On the merits of bis case should it be brOUgnt toa trial, and that he bad been clamoting for a trial since thé commencement of hig intarceration. He Atated furtuer that Yates had sutfered in bis busi- ness, which was that of bookkeeper for J. F. Clark, brush manufacturer, at No, 152 Reade street, where he had been empisyed for over three years past end ing to the day of his ar. rest, and that his wife and family were ntirely dependent on his labors for their support. fe asked on (ese grounds that an immediate trial accorded the prisoner, or that the Court order jis discharge. Jn continuing his urgent pieain ‘ates’ bebalf Mr. Howe said that he was awaro ‘hat Mr. Phelps, the District Attorney, had been ‘indefatigably engaged during the eutire term of the Court tu prosecuting cases of paramount im- portance to the people, and for which he was en- titled to the thanks ol the people who had eleetea him; but, weighty as these reasons were, he could not receive them as again: innocent client, Who demanded his constitutional right and asked gimply for justice, Mr. Pheips said the circumstances connected With this case had rendered it necessary for him to ask for time in which to determine what course he snould pursue, Mr. Howe asked that, if the Court would not then order the discharge of Yates, the case be sent to the Court of Geueral Sessions, to be tried at once. Mr. Phelps objected to this course being taken. Judge Ingraham said that if ite case were not isposed of by the end of the preseat term Mr. Howe could then renew his motion, George Lock wood, ailas Cully, # notorious burglar, ‘Was arrested at four o'clock on the morning of November 24, by Captain Williams, of the Eighth ecinct, in his room ut No. & West Houston street, in the prisoner's possession wero found a most | complete burgiar’s 01 & jimmy, consisting of twelve pieces of cast steel; @ dark lantern, one Brace, one bit ior brace, one auger, seven drills, NEW YORK 1oUr puncnes, seven oa Swo screwarivers, one small my, powder for bowing Open safes, Wax for ing impressions of Keys, a of nippers, &@ fuse, 12 skeleton keys @ revolver a cari Upon evidence Justice Kil- reth spumticea him in it Of $2,000 bail. Mr. William F. Howe, whom he as counsel fued out a writ of habeas corpus in his behalf, and he was brougat yesterday this Court. Mr. Howe, in an astu endeavored to con- Vince the Court that bis client was a gentleman of lamb-like innocence. The statute, he claued, simply provided for the pumshment of those who were found in possession of tools, on thelr person, with intent to commit burglary, and that the mere fact that a kit of burglar’s tools Nad been found in the prisoner's room did not sufficiently make out an offence, Mr. Phelps contended that the finding of these tools in the prisoner’s pos was that the law required to make out a cage against him. Juage Ingraham said that he great doubt whether an offence had been made out, and or- dered the case to stand over till next Wednesd in order to allow the District Attorney to iurnis! oe reasons why the prisoner should be eld, SUPREME COURT—CHAMBERS. Decisions. By Judge Barrett. Willtams vs. Williams.—Order granted, Miller vs. Bowles, Appleton ¥s. Bowles.—Order settled; let an order be engrossed as indicated and handed up. a In ee Matter of the Appileation of Inglebrandt.— ranted, In the Matter, &c., Sears,—Findings confirmed and order granted. By Judge nen fl In the Matter, &c., Slosson, Trustee, vs. Union Trust Company; Ball vs. Ball, Leist vs. Leist,—Or- ders granted, Hauseit vs, Thomas.—Memoranda for counsel. Smith vs, the Mayor, &c.—Order signed, Csapp vs. Csapp.—Custody of children awarded to the respondent, the relator being at liberty to see them at stated times, Order to be entered on notice. In the Matter, &0., of ADrahams.—Child must be Produced on an attachment issue. SUPERIOR COURT—SPECIAL TEAM. Decisions. By Judge Freedman. Hanover Fire Insurance Company vs. Tomlin- son.—Motion granted, with $10 costs. Nauional Park Bank vs. Barns et al.—Motion de- nied, With $10 costs, to abide the event, and with- out prejudice to plaintii’'s mghts on demurrer. Rockwell and Another vs. Ginnelly and An- other; Same vs. McGovern et al.—Judgment for plaintiff on demurrer, with leave to withdraw the sixth defence and to amend answer on payment of costs. Schenck vs. Torrey.—Motion denied, with $10 costs to abide the event. Antler vs, Stein.—Plaintifs motion for leave to serve reply granted upon payment of $10 costs Within 10 days, and upon such payment defendant’s motion is denied without costs. Falkenan and Another vs. Fargo, Receiver, &c.— Order of judgment of afMirmance on remitittur from Court of Appeals. Baker vs. Clarke et al.; Hulse vs, Fraudenheit.— Orders granted. COURT OF COMMON PLEAS—SPECIAL TERM. Decisions. By Judge Loew. Loonan vs, The Bartlett Reversible Sewing Machine Company.—Petition granted. In the application, &c., Carpenter, counsel must referme to the law which authorizes the order asked for. Rauch vs. Rund.—See memorandum for counsel. COURT OF GENERAL SESSIONS. A Cigar Merchant Sent to the State Prison for Ten Years for Perjury. Before Recorder Hackett. Shortly after the opening of the Court yesterday Aaron Harris, who was convicted of perjury on Thursday, was arraigned at the bar for sentence. The Recorder said that Harris stood before the Court charged with two grave crimes—arson and Perjury. No doubt the object of the prisoner was to defraud tne insurance company by swearing that he had a large amount of property in the building, and in order to successfully obtain the money by fraud it was necessary to commit the crime of ar- son in the first degree, which involved a penalty of punishment for life, and the other offence, perjury. Society pioposed two ends in punishment—first, the penalty to tne offender corresponding with the maguitude of the crime which he committed, and, iu the next place, to deter others from the com- mission of criminal offences. Upon the conviction for perjury His Honor sent Harris to the State Prison lor ten years. ~ A Woman Sent to the State Prison for Seven Years for Stealing a Little Child. Kate Bowen was tried and convicted of the crime of abduction, The testimony for the presecution showed that Susan Brown, who was living as a nurse at Mr. Lockwood's, hired board for her little girl, five years cid, at the house of Mrs, Dorf, No. 37 Frankfort street. The child was missed on the th of June and nothing was heard of her till a few daysago. The matter was “worked up’ by the detectives, who found the child at the resi- deuce of @ minister named Birdsall, m Rye, West- chester county, in whose house the prisoner was | hired as a domestic, The accused went on the stand and positively swore, tn the face of the tes- timony of the mother, godmother and Mrs. Dorf, at whose house the child boarded, that she was her cuild, was born in Boston and she (she witness) Was never in an insane asylum. A verdict of guilty Was promptly rendered, aud the Recorder sent her to the State Prison for seven years. Another Case of Alleged Abduction of a Youthful Italian Musician. The next case presented to the jury was a some- what similar charge to the last one, the indictment charging an old Italian named Egadio Antonio Louira with kidnapping a boy 11 years old, whose name was Benanio Voline. It seemed from the tertimony that on the i2th of September he went to the residence of the boy’s parents, in Elizabeth street, aud requested him to go with him to Jersey City. He went, and since then nothing has been heard of his whereabouts. It was further shown that the missing youth had been an itinerant vio- lintst for years, and that on the day in question he took strument with him. Some of these days he may “‘turn up” in a remote region of the globe as @ Worthy successor of Paganini. Mr. Russell saw he had no case and abandoned the prosecu- tion. His Mouor instructed the jury to acquit the alleged criminal. Assulting an Officer. John Flood was convicted of assaulting Officer Leahy on the 17th of September and sent to the Penitentiary for nine months. William Tinsman and Richard Roach, jointly indicted with him, were acquitted, Acquittals. Thomas Morris, a youth, was tried and acquitted of acharge of stealing a gold watch and chain from John McNichol on the 16th of September. Michael Agnew was aiso declared not guilty of stealing $170 from his old mother on the 20th of October. William McKenna was charged by Christina Radenberg with snatching a pocketbook contain- ing $3 while she was purchasing some cabbage from him in the street. He, too, was acquitted by the jury. COURT OF APPEALS CALEXDAR. ALBANY, N. ¥., Dec, 5, 1873. The following is the Court of Appeals day calen- dar for December $:=Nos. 77, 131, 144, 140, 142, 143, 144, 145, 147, 149, UNITED STATES SUPREME UVOURT, ———— Wasutnavon, Deo. 5, 1573. No. 576, Circuit Court for the Northern Disttict of Llinois.— In this case the appellant was Called upon to close up his subscription for 50 slares of the company’s stock upon the condition of the subscription— that the company would loan him 85 per cent of the par yaine of the stock upon satisfactory security. Mo did 80, giving his check for the value Of tle BtOCk, and receiving the check of the com- pany for the $5 per cent, for which amount he gave his note, at five years, amply secured. Subse- Peet this note was surrendered and @ demand note givcn in licu ata higher rate of interest, se- cured by @ pledge 9! 60 shares of the stock of the | @ Filth National Bank of Clucago. The transaction Was regarded and treated by both partics as a loan ; Was 80 entered ou the books of the Company, and the stock was reported to the Auditor of the State as paid. After the great fire in Chicago the ere ee adjusted @ claim it was unable to pay, and ave amount payable under it to the assured, who re- signed it to the appellant for 38% Ld cent of its valuc. Upon the filing of the petition in bank- ruptcy oe the company Sawyer sought to have the certificate allowed as a set off against his in- debtedness to the company. The assignec refused to allow it and the Court sustainca his action. It is here contended that Sawyer’s indebtedness was not for subscription to the stock of the company, and that, under the circumstances of the case, neither the company nor its assignee can be heard to say that the subscription to the stock is unpaid. As between the parties the transaction was a loan, and all the legal consequences of @ loan attach to it. Sawyer sustains the reiation of au ordinary debtor, and is pot In the position Of @ stockhuider whose sub- scription t# not paid up. It is the right of a debtor of an insolvent insurance company to pur- chase adjusted and negotiable Claims at a dis- cou and set them of against his indebted- ness, notwithstanding the purchaser knew the company was insolvent at the time he pur. chased them, ‘The relative righia of the Sawyer vs. Hoag.—Appeal from the | @ certificate of the adjustment and the rt Binkfuptey® proceediaga,® the 'Sosignee hes bar ent than the bankrupt would have no great had if there tion of Sawyer to the imposes upon him no di in respect of the purchase of claims against the company. The ground of the decision below being that the Bank- Tupt act probibita a set off purchased by a debtor against a pesos. known to bo insolvent, it is here te been no , The rela~ pau ne a stockholder urged that the rule fixed by the express terms of the statute makes no such distinction; and the relation of debtor and creditor may be established any time before Pg in bankruptcy, for the purposes 0! set 01 Shorley and Hitchcock for ap- Pellant, J. N. Jewett for appellee. No. 129, Dykes vs, Chadwick.—Error to the Su- preme Court of the District of Cokumbia.—This was an action by Mrs, Chadwicx, wife of H. A. Chad- wick, one of the makers of a note of the firm of Dykes & Chadwick, the consideration of which wae that Mra, Chadwick should unite In the conveyance of certain real estate belonging to the firm, 80 as to- her right of dower vo recover on the note. he was allowed to recover below, and it is here urged that the admission of the note in evi- dence was error, and that it was abeotately: void as to her husband, and being Joint note was vold as to therefore Chadwick. The contract was one having no rela- tion to her separate estate and was void, Mrs, Chadwick being unable to contract. It is also urged that as the only consideration of the note was Mrs, Chadwick’s right of dower it 1s void for want of consideration, for her right of dower had been previously conveyed by a deed of trust, which the Court erroneously excluded when offered to show this fact, Mattingy & Merrick for aintufs in error. Riddle, Hawley & Miller for jefendants, THE LATE JUDGE PECKHAM. Adjournment of the Courts Out of Respect to His Memory—Eulogistic Specches by Members of the Bar. Nearly all the State Courts adjourned yesterday as a testimonial of respect to the memory of the late Judge Rufus W. Peckham, of the Court of Appeals, whose sad and untimely death on the ill-fated Ville du Havre is one of the most painfal records of that terrible disaster. Leading members of the Bar, in moving the adjournment, spoke with @ warmth of feeling and emotion, showing their appreciation of the marked abilities and probity of the deceased, and the judges, in order- ing the adjournments, re-echoed the sentiments in language of like fervency and painful emotion. In the Court of Oyer and Terminer District Attor- ney Phelps, as soon as two important habeas cor- | Pus cases had been disposed of, moved an adjourn- ment of the Court in the following touching and appropriate address :— 1 think, Your’ Honor, that this Court should not adjourn without something to give expression, in some degree, at least, to the feelings we must ail have experienced consequent on the sad intelli- gence which reached us on Monday night. The terrible calamity of which we were then first ad- vised, Sisonets the victims had been sleeping for the last ten days in their watery graves, was one which reached far and wide in its effect of sorrow and gloom, bringing desoiation to many a heart in this country and in other lands, uniting in one common misfortune men of various nationalities, of Various pursuits and creeds, and it nobly illus- trated the power of a common faith, which, by the ministers of various eects and denominations, manifested itself in the same spirit of resignation upon that awiul day. But, while we all felt the shock of that mistortune, I think that to the members of our profession, and to those who are accustomed to practice in this Court, it comes with unusual force, and has impressed us with unusual solem- nity, for by that calamnity one was taken from a@ position of high usefulness and honor in this State. ‘aken from @ position of eminence and reputation wiuch he had_ reached by a long life of honorable and useful industry, in which he had adorned our profeetts In various situations; in all of which he ad comported himself as became a high-minded, honorable and Christian gentleman. I need not say that I refer to that illustrious member of the Court of last resort in this State, Judge Peckham, who was taken from his place of usefulness and honor by this calamity. Judge Peckham had been before the» people for many years ip conspicuous positions. He was for many years public prosecutor, representing the people of tne county of Albany; again in the federal Congress, in the Supreme Court and in the Court of Appeals; and in all of those, where his good fortune or the suffrages of his fellow citizens piaced him, he bore himself with conspicuous fidelity to trust and man- ifestations of ability and integrity. No one familiar with his course on the Bench or the opinions which emanated from him can deny that there has been removed from the Bench of the Court of Appeals of this State @ most useful, &@ most honorable and a most abte Judge. And yet, sir, in this hour, recalling him as 1 do—for I think that I saw him on the very day on which he leit this port to seek recreation and rest ina foreign land—I think that we who knew him personally love now to linger rather on his qualities as a man than on his eminence, how- | ever great it may be, as a lawyer and a Judge, and I take great pleasure in recalliug the last recollection of a great and good man which came across the water to us, as the last thing seen of Judge Peckham, when he stood on the deck of that ill-fated sbip, and said to those around him, like the gallant Christian gentleman that he was, “If we are to go down, let us go down bravely.” I move that in honor to his memory and as a@ manifestation of esteem ior his high qualities and regret lor his loss, that this Court now adjourn. Colonel Fellows, in seconding the motion, said :—I May be permitted to express the sentiment of each heart, the concurrent sentiment of our profession, that by that sad event we have sustained the loss of @ jurist who illustrated and graced every posi- tion to which he was called, and reflected honor on a noble profession and the Bench to which the voice of his icllow citizens cailed him. Unbending as a judge, stern in integrity, yet characterizing ali his actions by a judicial impartiality and fair- ness, he long ago and cach day he lived, to a higher degree, won the confidence of all who came be- fore him interested in cases, and of the great community whose interests were confided tohim. Broken down by long labors, he went abroad to seek health and the relief that might come from rest irom his toll He went to his death, but not until he had gatuered the full Measure of honest fame and renown to himself, and in_every court over which his jurisdiction ex- tended, such tributes as that which was heard here from the eloquent District Attorney this morning, will be paid, and every member of our Profession will remember him with respect, ad- miration, veneration and esteem, such as becomes his high position, his elevated qualities and ster- ling worth, and will look on him as a@ great exemplar and standard in our calling, Judge Ingraham spoke as follows: —I concur with the counsel in everything said in regard to Judge Peckham. My opinion 0: him was termed from ben ersonal acquaintance, He was a learned, upright, feariess Judge, and, in all the relations of life, Whetber public or private, he entitiea himself to the approbation of his fellow citizens and the esteem of the profession. It is due to his memory that this motion should be granted and be entered on the minutes of the Court as the cause of the aijournment, His death is deplored not only on account of the loss sustained, but on account of the sudden and awful manner of that death, SUPREME COURT, CHAMBERS, Ex-Judge White made the motion to adjourn in Supreme Court, Chambers, before Mr. Justice Brady, after the ex parte business had been dis- posed of, and ex-Judge Van Cott seconded it, both uttering most feeling eulogiums upon the deceased. dudge Brady, in granting the motion, delivered a warm eulogy of the deceased, alluding especially to the heroism of his last reported words, SUPERIOR COURT, 1n Superior Court, Part1, presided over by Judge Monell, @ motion to adjourn was mado by ex-Judge Fullerton and seconded by Mr. Anthony R. Dyett. The speeches of both these gentlemen were characterized by the most tender emotion, as, likewise, Were the remarks of Jnugé Monell in granting the motion, In Part z, neld by Jndge Sedgwick, the motion ‘was likewise made by Mr. Dyett and seconded by Mr. Brown. The remarks of Judge Seagwick were of @ peculiarly Interesting and feeling character, Tn the Special Term, be'ore Judge Freedman, the motion for adjournment was made by ex-dudge White and seconded by E. Bainbridge Smith, IN THE COMMON PLEAS. In the Common Pleas, Part 1, in which Chief Jus. tice Daly presided, the motion was made by A. Smith and seconded by Mr. G, U. T, Buckley. In Part 2, before Judgo Larremore, the motion was made by ex-Judge Kisdseye and seconded by Aaron J, Vanderpoei and samuel J. Crooks. In the Speciai Term, Judge Loew presiding, Mr. D. 8. Riddle made the motion and Colonel Lock- wood seconded it. COURT OP GENERAL SESSIONS, Assistant District Attorney Russell moved the adjournment of this Court. He said that a few days fo the sad intelligence came to us that, among others who were lost by the unfortunate accident atsea, was & mosteminent, upright and distin- guished Judge of this State, the Hon. Rufus W. Peckham. He had always borne the highest char- er for ability, integrity and vigor oi character. jut of respect to his memory he moved that the Court adjourn, Mr. Join O, Mott seconded the motion in a brief and neat address, Alluding to his personal acquaint- ance with the distinguished lawyer. Recorder Hackett, in granting the adjournment, spoke as follows:—"The untimely death of Judge Rufus W. Peckham, of the Court of Appea's, is not only deeply lamented by all those wio hed the honor of his personal acquaintance, but their sor- row is shared by the gent body of the people of this State, to whom the high standing and char- acter of the lamented deceased were familiar. Few persons who have held elevated judicial positions have attained to higher eminence in the char- acteristics of bg | conservatism and purity of character than had Judge Peckham, who, before assuming Judicial position, stood among his fellow members of the Bar thet peer in all the qualifica- tions which mark the distinguished counsellor and advocate, It is eminently Proper that this Court Should evidence its respect to the memory Of so distingoished a jurist, and as such tribute this Court now stands adjourned, and the clerk is di- rected to enter these proceedings upon the minutes’? RITUALISM AND ROME. An Interview with Bishop Potter on the Re- form Movement in the Church. The Bishop's Prophecy as to the Future of the Movement—His Explanation of His Reported Conversation with English Bishops and Archbishopsp—An Anecdote of Dr. Pasey and the Cross—Why We Are Not Going to Rome— What the Confessional Is in the Protestant Church. ™ the RERAxp of yesterday was given an inter- view with Bishop Cumming, of the Reformed Episcopal Church, With a desire to ascertain from an official source some idea as te the views entertained of Bishop Cummins’ movement by the Protestant Episcopal Ohurch Bishop Potter Was sought bya reporter of the HERALD, The learned and reverend Bishop was found at his house, in Twenty-second street. He was sick, but he was gracious enougn to afford an interview in bis library to a representative of the HERALD. In answer to an inquiry as to what he thought of the “reformed” movement the Bishop said that, in his judgment, it was only a nine days’ wonder—soon over and speedily forgotten, The meeting the other day was proof of that. It was convened by circular and by advertisement, and yet how few were present! And even those who were present of the clergy had been deposed from the Church. THE CONVERSATION WITH ENGLISH BISHOPS. “I presume you have seen the interview in the HERALD, Bishop, this morning, in which an allusion is made to yourself.”” “The conversation referred to in that interview as ‘ing place between myself, the Archbishop of rbury and the Bishop of London, never did take place. Icertainly have had no such conver- sation with Bishop Cummins. But in saying that I do not tor a moment charge Dr. Cummins with saying that which {s untrue. No doubt he has heard trom some one, four or five removes from me, that such a conversation did take place. I should, certainly, never have thought of asking the Arch- bishop of Canterbury, and certainly not the Bishop of London, what were their secret intentions in reference to the government of their own Church, At the same time Iam free to confess that, sub- stantially, what the Archbishop and the Bishop are reputed to have said in that conversation is to a large extent the position of the question in Eng- land, This matter of innovation in Church wor- ship does largely depend upon the suiferance of the laity.” “1 notice, Bishop, that Bishop Cummins in this interview expresses his utter inability to meet this Romanizing tendency while remaining in the Church, and urges this as @ justification for his coming out.” WHAT IS NOT ROMANIZING TENDENCY, “Yes, he does, but what he calls Romanizing tendency, or ritualism, wasin it before he went into the Church; it was certainly there before he was consecrated bishop, seven years ago; he knew all these tendencies then, ana it is somewhat re- makable that they were not then an offence to him, The ritualism in the diocese of Kentucky, of which he was Assistant Bishop, was the same then as it is now. “then you think, Bishop, that the effect of Bishop Cummins’ secession and that of his friends will not seriously affect the Protestant Epissopal Church in this country?” “No more, sir, than a mosquito bite would affect the stone wall of the reservoir in Fifth avenue.” “But is it not true that there isa marked ten- dency in the English Church, and toa large extent in the Church of this country, to go a jong way towards Rome in its worship, and partially in its forias of faithy”? “WE ARE NOT GOING TO “ROME.” “No, sir, we are not going to Rome. It is true that there are a few individuals who run into ex. cess at one end or the other, but that need not affect the peace, comiort or religious welfare of the reat body, @ large ecclesiastical body like the episcopal Church there Will be, necessarily, great divergetice of opinion and practice. Before con- demnation is made of this a large latitude should hedge and allowances made for the varying con- ditions and circumstances in which each Cnurch finds itself, There 1s another reason why we could not goto Rome. The Komieh Church demands of its people implicit subscription to its doc- trines. It assumes the authority to pro- mulgate doctrines, as in the doctrine of the Immaculate Conception, and on that promulgation it asks and demands obedience. At the other end is freedom of pinion, individual responsibility, the mght or the individual—out of which has come the rationalism of Germany. The Episcopal Church of England and our own Church stands midway between these. We inquire, as to doubtiul doctrine or practice, what do the Scriptures say? And if we need enlightenment as to tat we go back to the Fathers, as they are called, of the Church—not the medizval age, but of the first four centuries—to see what their comment is, and thus we hear the Scriptures and the Church, Now this is essentially different to the methoa of the Romish Church, aud cannot be con- founded with it.” RITUALISTIC PRACTICES. “But, then, despite of this essential difference, there has grown up during this last 30 or 40 years practices in the Englisu and the American Church that are known as ritualistic, and are described aiso as ‘Remanizing,’” ‘It is easy to call things by names and to howl down certain practices that don’t sult us. But that is neither philosophic nor judictal. Afgreat deal of whatis said reminds me of an anecdote I told Dr, Pusey, some years ago, when I was in Eng- land. Two or tnree friends and myself were walk- ing up Broadway once—it was just before Christ- mas—and one of the party suggested that we turn aside to go into achurch to look at the Christmas decorations woich they were fixing. We did so, and We saw, among other decorations, a cross covered with evergreens over the altar. Well, there was no harm in that; why should there be any objection to tne symbol of our mediation? Why should the Roman Catholics obtain a monopoly of this sym- bol’ But one of my friends said, ‘Oh! I cannot bear to see that cross there.’ The other friend replied, ‘I don’t mind about sceing it there, but itis eth: here thatI find hard,” beating him- self on his breast. I told this story to Dr. Pusey, and he eel ‘Yes, that man knew more about the cross, I expect, than the other man, who could not bear to see Itasa symbol. I don’t profess to believe that there are rot practices in relation to worship at each end, both in the sloveniiness of its performance and in the extreme ritualistic char- acter of its observance, that might not meet with my approval. But ina large ecclesiastical body like the Church of England and our own Church you canuot get rid either of an evil or the influence of aman by cutting off the head; and so long as there is no positive violation of Church order or of doctrine it is better to allow it to work out its own cure.’ “The history of the growth of ritualism in Eng- land, and also in this country, scarcely indicates, docs ay Bishop, that these exercises, as they are deemed, ate & mére fongil on the ecciesiastical tree’ Take, for example, the trouble about the con- fessional in Enaland,”” WHAT THE CONFESSIONAL 8. “Now, the confessional serves as an illustration of what I mean. | do not ignore the fact that tere are many, probably, in both countries who would desire to make the confessional habitual, But that which the confessional isiu the Protestant Episcopal Church 1s a very different thing to what itisin the Romish Church, A man fecis a sick- ness of soul; he is probably not conscious of any sins that would call forth the reprobation of men renerally, but to him they are grievous to be orne, and he thinks that if he could jay his heart and mind open to some holy, trusted, prudent man, he would be relteved eby, and he does it. Now, there is common and philosophy in that, It is this confession the Church encourages. But this is a very ent thing from that which the Romish Church demands Of its people, requiring confession to be habitual and to be an absolute preliminary to the partaking of the Holy Communion.” “So you think, Bishop, that the fears of Bishop Cummins and his triends are to @ large extent groundless!” “[ do, sir, I think that tne earth is just as likely to be moved from its orbit as that the Church of England or our own Church will go over to Kome."? After a few pleasant remarks in the same direc- tion the interview was closed. INTEMPERANOE, DESTITUTION AND DEATH, The Brooklyn Coroner was notified yesterday to hold an inquest over the body of Sarah Coifee, a woman who died from intemperance and deatitu- tion, in @ Wagon, while being conveyed to the Washington street station house, It appears that an officer while on patrol in Hudson avenue, yesterday evening, was notified that two women and twochildren were dying in tenement house No. 214 of the avenue named. On entering the abode of misery, a back basement, the policeman found Sarah Coffee and Mrs, Mary Coulton, and Joseph, aged three years and Mary Ann, aged two years, lying upon the cold, filthy floor ot the apariment. The women were under the influence ol liqnor and the lite ones were crying from hunger and cold, A yragon ‘was procured and the: were driven toward the #! jon house. Saral Coffee died on the way. Mi ‘oulton was subse- which at 5 quently sent to jail, and the children were taken care of by the authorities: HERALD, SATURDAY, DECEMBER 6, 1873—WITH SUPPLEMENT. BOARD OF ALDERMEN. for the Board of Health= x Dose of fernal Machine—Confirmations Rejection. Pursuant to a call of the members a special meet- ing of the Board of Aldermen took place yesterday @ternoon, Mr, Samuel H. B. Vance, the President, in the chair, Alderman McCaprerry offered a resolution to the effect that the creation of the ‘Charitable Commissioners” was an act of usurpation on the part of the Legislature, at the same tame denounc- img the Police Magistrate Dill as entailing greatly increased expenditures on the city, all of which was contained in a lengthy preamble providing that the Counsel to the Corporation be requested to prepare a memorial, with a view of having this Jaw (chapter 588, Laws of 1873) repealed. The pre- amble and resolution were adopted on a division by a vote of 8 to 7. Alderman MONHEIMER proposed a resolution that the President appoint a committee of five to investigate certain alleged frauds perpetrated in connection with the building of the Eighteenth Ward Market, a measure authorized by legisla- tive enactments five years ago. The motion was adopted, Alderman McCaFrrErty, as Chairman of the Com- mittee on Lands and Places, to which was referred the annual estimate for the Board of Heaith for 1874, reported that they have fully investigated the schedule of estimated expenditures for the en- suing year and revised the same to meet the exact needs of this Commission without embarrassing its eMfciency. Under chapter 74, Laws of 1866, which provided for the appointment of the Metro- politan Health Commissioners, the expenses for that year amounted to $88,939 26, of which $42,454 67 was for salaries. For salaries during the year 1874 the salary list will amount to $169,250, The salaries have been largely increased, and the conduct of the Commissioners in this respect is outrageous. The committee recommend thut the large Jorce of sanitary inspectors be reduced while the cold weather lasts. The committee suggest that the salary list be reduced to $43,000, ‘The report was received and ordered to be printed in the minutes, The resolutiop from the Board of Assistant Al- dermen authorizing the Mayor to offer a reward, Not to exceed $5,000, for the detection and convic- tion of the party or parties who sent an in- fernal machine to the Comptroller's oiice on the 26th ult., was received, Alderman MONHEIMBR moved to refer the sub- ject to the Committee on salaries and Oflices, which was lost by a vote of 9 to 6. The same Alder- man moved to refer to the Police Commissioners, Alderman Van ScHatck wanted to interpolate the words that “it is reported,”’ which was adopted. Alderman MONHEINER stated that it is publicly reported that some of the clerks of the Comp- troller were the perpetrators. Alderman McCarrerry replied that the Mayor was authorized to offer a reward without the ac- tion of the Board, Alderman CLAUSEN roge and defended the Comp- troller, characterizing him as an honest man, &c., ane was strongly in favor of investigating the affair. Alderman McOarrerry said, ‘if a torpedo had been sent to the home of tne Comptroiler, instead of his office, where there was any probability of his handling the same in person, he would yote in favor of $5,000 or even $10,000, 1t 18 well known that no one can go into the Comptroller's office with a satchel unless he is stopped. He wanted the matter investigated first and then offer the reward, On a resolution to refer the subject toa a joint committee, further action on this matter was Pontsoned: Nearly one hour was consumed on the die debate had upon this subject and it was soars pear the whole toing is looked upon as a uge joke. ‘Alderman Morris called up the nomination of Mr. Wyllis Blackstone tor one of the Court House Commissioners. Alderman VAN ScHarck read an extract from the minntes showing that tne Comptroller had paid to one Vaux the sum of $1,100 for plans to finish the new Court House, and he could not see what pur pose- it could serve now to make these appoint- ments, and he moved to postpene action on this nomination until the 15th of February, in order that some more definite legislation on this subject may be had by the next Legisiature. Tho motion was adopted. His Honor Mayor Havemeyer sent in two com- munications nominating Messrs. George W. Frost as City Marshal, in place of Joseph Wallace, re- signed, and Louis Lubisher, in place of Henry 0. Carey, resigned. Both nominations were unani- mously confirmed. In another communication by the Mayor the name of of Joseph F, Day was sent in as nominee for Commissioner of Charitable Corrections, which Alderman RILEY moved to confirm. The motion, however, was lost by a tie vote. Alderman CLavsen, the Comptroller's champion, evidently enjoyed the torpedo business, and had no idea that a large number of people, city fathers, clerks and reporters were anxious to get their dinner, it being then half-past five o’clock, and in order to show his devotion to the financial head of the city, again called up the resolution autnor- izing a reward of $5,000 to be offered by the Mayor. Alderman McCArreRTy hereupon sent a large bound volume to the Clerk, from which he was to read a proclamation, when the Mayor offered a reward for the capture and conviction of a vitriol thrower in Harlem without a@ resolution from the Common Council, which Alderman McCafferty finally read himself. The subject was finally disposed of by Alderman VaN SCHAIOK Offering arother resolution of similar import, only piainer in terms, which will have to LETTERS FROM THE PEOPLE. © Comptroiler’s Im- | The Disaster to the Ville du Havre—The Cam and min Churoh—A New Englander, Following the Bent of His “Down East” Mind, Asks Some Questions—Our Public Schools and the Sectarian Schoole~Tho Latter “Unable to Graduate Freemen’— A Spanking Breeze Over the Pune ishment of School Children, Bishop Cummins’ Secession and the Eplscopacy. To THE EDITOR OF THE HBRALD:— it seems-to me that Bishop Cumming, in hig secession from the Protestant Episcopal Church and attempt to found a new sect, with himself as its head, has been actuated more by restless am- bition than from conscientious conviction of the necessity for his act, Notwithstanding his decia- ration of adherence to episcopacy, “not as oi divine right,” but only as “a very ancient and de- sirable form of Church polity,” it is evident that he still holds to the idea that some measure of virtue or spiritual authority was communicated to him in “the imposition of hands” through which he was ordained to the office of bishop. Else why did he, virtute oficit, assume the presidency over the counctl convened by himself, proclaim, ex cathedra, the ‘declaration of principles’? of the Church called into being by himsels, and again, virtute oficit, put on the mitre and grasp the crosier of chief pastor over his flock? Logic- ally, if he “rejects and condemns the doctrine that Christian ministers are priests in any other sense than that in which all believers are a ‘royal priest- hood,’”? he can claim no higher authority in his Church than the humbiest presbyter or layman that has been received into it. All are on a parity, and the Bishop, as a bishop, is no more essential to its existence or to give validity to any of its oftices or ordinances than is plain Mr. Smith or simple Mr, Brown, who may have jomed its communion, If Bishop Cummins ‘could no longer conscien- tlously exercise the office and work of a bishop in the Protestant Episcopal Church, why did he not return to the fold in which he was reared, the Methodist Episcopal Church? He knows better than I can tell him that, in its doc- trme, discipline and . worship, it is in substantial accord with the ‘declaration of principles” upon which he would found his so- called “Reformed Church.” It affirms all the afirm- ations of his own declaration and denies all its negations; it is, withal a widely-extended, thoroughly-organized and powerful body of Chris- tians, with an almost illimitable field of labor be- fore it, in which, unquestionably, Bishop Cummins and hia irrepressible tollowers could find plenty of ‘work to do, and would be gladly accepted as co- workers, I may be utterly wrong, but I cannot heip thinking that if Bishop Cummins were sincere in his profession that he has made this movement “only a8 a step toward the closer union of alt evangelical Christendom,” he would have been far more consistent, and have taken a much surer step in that direction by seeking fellowship with the Methodist Church, which ‘adheres to episcopacy as @ desirable form of Church polity,” or one of the other influential denominations of Christians that “condemns ahd rejects the erroneous and Strange doctrine that Christian ministers are Pe rather than by attempting again to sub- livide the body of Christians. But there may be no vacant bishopric in the Methodist Church, and the other denominations, more logical than Bishop Cummins, believing in the parity of orders in the Church, repudiate episcopacy altogether. And, perhaps, “there’s the rub.” LAYMAN. A Way to Prevent Ocean Disasters to Steamships. To THE EDITOR OF THE HERALD It 18 nataral that after such a disaster as befel the Ville du Havre the best means should be spoken of to prevent such calamities. I have followed gach events closely and have always found the want of proper care in the navigation of lost vessels to be ‘at the bottom of the evil. Allow me to sumgest that steamship compantes should, besides their regular officers, employ cadets or qaarrermasvers one to be regularly attached to each oficer of the watch to divide with him the care of navigation. I have often observed how impossibie it is fur one oflicer to overlook a large vessel, and the employment of carefully trained aspirants for officership would be a valuable addi- tion for safety. Yours, GEORGE WALTERS, formerly officer Austrian Lloyd, Something About Passengers on the Ville du Havre. To THe Epiron or THE HERALD :— Mr. Beaugrand, who probably perished with the steamship Ville du Havre, was a French painter of considerable talent. He left Paris for this country during the Commune, with his young aud accom- plished wife, and they took up their residence at New Rochelle. Mr. Beaugrand’s mother brought them their daughter Eugenie last summer, and re- turned home after a short visit. With that daugh- ter and their baby boy, about six months oid, hir, and Mrs, Beaugrand embarked on the ill-fated ves- sel to pay a visic to their friends and their country, intending to return and settie down here. As they could speak but little English, they did not make many acquaintances, but all who knew them be- came sincerely attached to them, and deeply mourn thelr loss. Miss Annie Nolan for many years was in the ser- goto the Assistant Aldermen, and it is hoped will quietly rest there. The Board finally adjourned to meet thts after- noon at half-past three o’clock, when some of tho resolutions looking toward au! bata | the head: of departments to employ laboring men withou' making contracts will come up for action, CITY AND OOUNTY TREASURY, Comptroller Green reports the following disburse- ments and receipts of the treasury yesterday :— Claims paid, number of warrants 48, amounting to.$18.265 Pay rolls, niimber of warrants 80, amounting to... 8,852 Total number of warrants 123, amounting to. RECEIPTS, From taxes of 1873 and interest,.........066+ ° From arrears of taxes, assessments and interest. From collection of assessments and interest From market rents and fe From water rents. From licenses, From fees and fines, District Courts. From interests on deposits—Bank of the Manat: tan Company. ny Total... eoeee 41,992 THE BRITTON INVESTIGATION, The investigation of the charges preferred by the “Fifty” against District Attorney Britton, of Kings county, was resumed in Samueils’ Assembly Rooms, Washington street, yesterday. Mr. Speir appeared on behalf of the commission appointed by Governor Dix, and ex-United States District Attorney Benjamin F, Tracy for the District Attor- ney. The charge uuder consideration was that of tampering with the Grand Jury, which was closed, as was also the election fraud charge. The tnvestl- gation was adjourned until eleven M. Monday, THE UNION DEFENDERS. Paying the Pensioners. The last quarterly payment of pensions to those who fought for their country and the heirs of those who died in the discharge of thelr duty was com- menced on the 4th inst, by Mr. 8. B. Dutcher, at his office in the Custom House, As usual, at the early hour of five o’clock in the morning, a crowd had congregated on the sidewalk, but Mr, Dutcher and his fall complement of clerks were on hand, and the payments were at once proceeded with, The total number of persons paid on the first day was 902, or 846 more than on any oi previous day, Of this number there were 47 su vivors of the war of 1812, 516 were invalids and 396 widows and guardians of minor children, The sum Of $16,448 36 was paid to invalids and $11,082 06 | to widows and children of deceased soldiers, Yesterday’s payments amounted to nearly $50,000, and the crowd seemed by no means to diminish. During the present pay period it is sup- | posed that nearly 10,000 persons will receive their allotted pensions through Mr. Dutcher’s office. The poor accommodations accorded to the New York Pension Ofice is a reproach on the govern- ment, and has been severely commented upon by the press and the public, The poor people who are compelled to come here and Wait, sometimes for an entire day, to receive their pittance are ex- posed to the inciemency of the weather, as no more than about 100 can be accommodated with shelter in that portion of the building. Mr, Isaac Tillotson, the master mechanic here, has thrown open the furnace room to the shiveriug women who are in daily attendance. STABBING AFFRAY IN BROOKLYN. At an early hour yesterday morning Bartley Geit- ing, of No. 93 Summit street, and Thomas Power, of No, 50 President street, quarrelied at the corner of Carrol and Columbia streets. Power put a sum- mary end to the dispute by drawing @ case knife nd stabbing Gelting in the neck. The wound in- Bleted was Tot a serious ‘one, but it bled profusciy, Geiting was removed by Oflicer Irwin to the Long Island Coiiewe Hospital, where his wound waa dreased, and he was kept there until the opening of Justice Delmar’s Court, when he appeared inst Power, Who Was arrested just after the is; | | boasted freedom! siabbing, The injured man, however, was not de- sirous of making a complaint, bus the Justice held the prisoner to await a hearing. vice of Rey. Father Cauvin, of Hoboken, now a resident of Nice. She was on her way there to join the reverend father, and leaves in Hoboken Many loving friends ana relations, Some Questions and Conclasions Affect: ing the Government. To THE EpITor oF THE HERALD:— Will you allow me to ask a few questions of those in power through your invaluable paper, in whose columns you have labored so bard to maintain the honor of our country ? We were told that as soon a8 Congress met the circumstances of the insult to our flag by the Spaniards and the horrible butchery of our mep should be laid before it, that it might take im mediate action for the maintenance of our national honor and for the punishment of those bloodthirsty fends who are in power at Santiago de Cuba, and also to compel reparation, as far as money would do it, to the surviving friends of those so unmerct- fully butchered, Congress has met, and in vain I have searched through the Message for a recommendation for an immediate action in the Cuban affair. The Execu- tive retains to himsel( the right to carry on the negotiations with Spain, which at the present time 18 utterly powerless to carry out any arrangement between the two countrics. If the President felt that he was equal to the occa- sion, without Congress, Why were we told to wait tll it convened; why was not the tnonit resented at once? Has our Executive been duped by his Secretary, who has lost sight of the national honor in trying to smooth over one of the greatest insults that could be offered to any country, Jor the sake of his own family interest? Are we, the people, the sovereigns or are we the subjects of those tn power? If they are our ser- vants, a8 we claim according to the constitution, they should be treated as such and compelled to act for the honor of the household. Is every Amer- ican citizen to be obliged to carry papers of citizen. ship to claim the protection ot the American fl which they may he sailing under? It seoma haye come to this, for a vessel may Le boarded and those minus their papers their flag is power- less to protect. I man American. My ancestors I can trace back to‘the May Flower, and always with pride have I claimed my country as the Great Repubiic of the world, bus now, with sorrow, Lani compelied to nold down my bead and blush with shame at the cowardly actions of its rulers. Now, ours ts only r Freecom we cunnot or do not Maintain, and our citizens will have to look when travelling abroad to the English flag for tion, which 18 houored and respected th the world. Our standard is bound de flagatam by red tape, and held there so tightly that , De unturled its protecting ee ee AMERICAN CLTIZ! gone. - Our Public Schoolx—Punishment of Pupilx—Some Remarks for Teachers to Ponder Upon. Yo THe Epiron oF THR HEeRaLp:— Mnoh has been said on the public school ques+ tion and on various subjects pertaining thereto; but not much has been done, further than to tn crease the salaries and lengthen the vacations, While every fatr-minded person 1s willing that our teachers should he amply and liberally rewarded for their services and that their duties should be facilitated as much as can be, consistently; yet, | We must not be entirely oblivious to the fact that our children have some claim also upon our con- sideration. ‘The teachors placed over our children are not Always inodels of patience, and are chosen more count of thelr ability ad far as knowledge is rned than for any perfection of character. I would not be misunderstood—morally, are worthy, as @ class, of every re- spect.) Now, why should we consent to degrade our olitidren es allowing them to be publicly fogged It may be it ta morited, or it may be throngh the caprice of an Impatient teacher; nevertheless the proper party to administer such castigation is the parent, and it Ougbt not to be left to the discretion of @ pra GONTINUED ON NINTH PAGE,