The New York Herald Newspaper, December 14, 1873, Page 10

NEW YORK HERALD, SUNDAY, DECEMBER 14, 1873—QUADRUPLE SHEET. THE courts. The Alleged Bankruptcy of Howes & Ae THE PYRACY IN NEW YORK HARBOR, ——+ Another of the Mattano Pirates Convicted and Sent to Prison for Twenty Years. SENTENCE OF BRODERICK, THE FILIOCIDE. The involuntary bankruptcy proceedings against the Union Trust Company having been dismissed, the receiver and his counsel are after the payment of their little bills for two months’ work, The re- ceiver wants $42,000, and his lawyers, between them, $9,700. " The matter was brought yesterday before Judge Fancher, in Supreme Court, Chambers. Payment of the sums asked for met with strenuous Opposition, and the argument ended in the Judge taking the papers. Michael C. Broderick, convicted on Friday of manslaughter in the fourth degree for killing bis kon, Was yesterday sentenced by Judge Daniels, holding Court of Oyer and Terminer, to one year and a halfin the State Prison, In the Court of General Sessions yesterday Re- corder Hackett sentenced to 20 years’ imprison- ment in State Prison William Dugan, another of the conyicted pirates in the case of the brig Mat- guano, THE MATTANO ROBBERY. hey Another of the Pirates Sent to the State Prison for Twenty Years. The trial of William Dugan, charged with being one of the men who boarded the brig Mattano, off | the Battery, on Sunday, the 30th of November, was concluded at noon yesterday, before Judge | Hackett, in the Court of General Sessions. Wit- nesses were called by Mr. William F. Howe for the defence to establish an alibi, who swore that Dugan and Carroll (the man convicted last week) | were in an oyster saloon in Water street at the time the offence was committed. Dugan went on the stand and testified that he was not implicated in the transaction. Assistant District Attorney Rollins brought out the fact that the pris- oner was charged on a previous occasion with stealmg a box of silk from a vessel, also with robbing a man _ of his Watch, and that his picture was in the Rogues’ Gallery. An important circum nce, Which was not brought out at the last trial, was testified by aman uamed Blake, the steplather of the a cused. In reply to Mr. Rollins he said he was a Tigger and “longshoreman,” and that previous to the robbery he was working on the brig Matta After the summing up by Mr. Howe and Mr. Rx lins Recorder Hackett delivere able and m- partial charge. The evidence, he said, upon the Subject of the robbery disclosed one of the most horrible and revolting outrages ever perpetrated m our harbor, and, it believed by the jury, lett the sole put imporiant and serious question to ve resolved by them whether the — testi- mony, in their stablished the fact "that the ne ne of those TumMans who boarded the brig and 1 the crime, sary in order to convict the pri the commission of the Captain, beat the wife or took any of the property, but if he was on board aiding in any Matiner yy any act he was as guilty in the eyes of the law as any one of the ruf who personally aided in the accomplishment of the outrage. 5 Honor carefully reviewed the testimony presented to establish an alibi and told the jury that in esti- mating the value of that portion of ‘the eviden they should have due regard to theirseeming 1 telligence, position, habits and relation to the prisoner. No regard should be had to the penalty that attached to a conviction for the | offence. The re bound by their oaths to jing to the law and the evi- If anything hereatter should transpire .aiter a conviction tending to show the innocence ‘of Dugan, Executive clemency woujd at once be had and Dogan treed from restraint. All reason- able doubts, said His Honor, in conclusion, be- longed to the prisoner. The {ary retired after hearing this fair and succinct charge, and were only absent a jew minutes, when they brought in a Verdict of guilty of robbery in the tirst degree. The Recorder said he saw no reason why he should make a diference in the sentence passed upon Carroll, and sentenced Dugan to the State Prison jor 20 years, at hard labor. THE BRODERICK HOMICIDE. i Sentence of the Prisoner to the State Prison for One Year and a Half. Alarge crowd assembled at the Court of Oyer and Terminer yesterday morning to witness the | final disposition of Michael Broderick, in whose | ease a verdict of guilty of manslaughter in the | fourth degree was rendered the evening previous, Punctually at ten o'clock Judge Daniels ascended | the bench and, on District Attorney Phelps moving | for sentence, Mr. William F. Howe arose and made | a feeling appeal for judicial clemency in behalf of the prisoner, who, he stated, was the sole snpport of the bereaved family. Mr. Howe then called to the witness stand J. W. Hunter and James Albert- son, two of broderick’s former employers, who spoke in terms of the highest commendation of the prisoner. The wife of Broderick was also .Placed on the stand and in teariul sentences she ‘spoke to the Judge of the Kindness always ex- hibited to her by the uniortunate culprit. As she retired from the witness stand she sobbingly en- treated the Judge to be merci. In passing sentence Judge Daniels reviewed the testimony and said that had the jury rendered a verdict of guilty.o{ murder in the ond degree | the evidence would have justified it would have set the judgment a been very lenient in the vi aiter reading Broder. son on the nnpeces- sary insubordination in his family and remark that society required punishment to be inflict as @ warning to others the Judge ordered him to be imprisoned in the State Prisqn jor one year and six months. During the remarks of the learned Judge Brod- erick seemed very much affected, and when the | sentence was tmnposed he regained his seat and immediately embraced bls wife and family, and after fervently thanking his counsel was taken Jrom the court room to the Tombs. catninamnanslpettnhin UNITED STATES CIRCUIT COURT. A Suit About Oil and Coal Lands, Before Judge Shipman and a Jury. Merritt Clark vs, Willis Gaylord.—The plaintift | alleged that he was induced to pay some $5,700, in | 1864, toward the purchase of a tract of coal and oil lands, in West Virginia, by representations of the defendant that he had secured the refusal of it at $5 an acre, and that a number of gentlemen were to unite with Lim in paying for itat thet rate, Subsequently the piaintim, as he alleges, discovered that the defendant was himself the owner of the Jands, and had bought them a short ume pre- Viously at 20 cents an acre, It appeared that a suit was commenced in Ver- mont, where t Plainuif’ resides, but was di missed upon the ground tha: it was not In proper | form, and should have been case instead of | ae and the present action was brought ere. | George Scherman, and proposes to contest the cor- | bail by Justice Otterbourg yesterday for stealing a | Kivlin, took his seat, and after a formal introdue- | The Judge submitted to the jury the qnestion | © Whether the plaintui! had been ‘“eceived, and in- structed them, if they found that to assess | the damages he had sustained | At a late hour on Friday they rendered a verdict for the plaintiff for $7,412 damages. HU, M. Ruggles, counsel for plaintitt; Henry Wood. | ruil for delendant, | | UNITED STATES DISTRICT COURT. The Proceedings in Bankruptey Agat the Union Trust Company Dismissed. st Yesterday, when the petition of William R. Siney | fur vs. The Union Trust Company, to have the latter declared bankrupt, was called before Judge Blatchford, it appeared that since the 1st inst, the company has resumed business and is meeting its obligations. ‘The result is that the proceedings on ‘this petition are to be discontinued. In the matter of Paul F, Munde vs, The Union ‘Trust Company, which was apetition to have the Jatter deciared bankrupt, Mr. Whe H. Peckham Appeared as counsel tor the Trust Company, sub- Mitted affidavits going to show that they had re- Sumed business, and stated that, in the face of this fact, the persistent efforts of counsel for the alleged tg ny ict 4 this matter seemed to him e somewhat in the nature of a biac transaction, blackmailing iter some further discussion the petit: dismissed. ae ae The Alleged Bankruptey of Jay Cooke & Co. The petition of Join EB, Fox et al. tohave Jay Cooke & Co. declared bankrupts in this district was indefinitely suspended pending the determi- pation of bankruptey proceedings against the same firm i Plulgdelobia, The petition of Wi | to writing. | ple | io fam Tarode vs. Jay Cooke & Co, was indefinitely suspended for the same reason. Macy. In the matter or the petition of Alonzo R. Mor- gan vs, Howes & Macy for a declaration of invol- untary bankruptcy against that firm. proof was given that service of process had been efected on both the alleged debtors, The further hearing was adjourned to the 20th inst, Business in Bankruptcy. VOLUNTARY PETITIONS.—Charles A. Whitmore, Ehezer W, Frank, William H. Kastor, William Ostrander, Jr., and John Ostrander, ADJUDICATIONS IN INVOLUNTARY CASEs.—James J. Lawler, Bonheim Birnbaum, John H. | Fite, Abraham Bloomer, Matthew Ibias. Woodrut! Barnes, Gustav B.’ Lichtenberg, Baobette Meyer Joseph'F, Davis, Julius Copenhagen sod Edwin K, Winship, . SUPREME COUST—CHAMBERS. Decisions, By Judge Brady, Hann vs. Voorlis.—Motion for injunction denied, e opinion.) ae ys. Burroughs.—Motion denied, (See opin- he Manhattan Savings Institution vs. Dodd.— Meme By Judge Fancher. In the Matter, &c., of Bodenteim et al.—Memo- randa for counsel, Willans et al. vs. Drew.—Judgment granted. Laub vs, Huntington.—Memoranda jor counsel, SUPERIOR COURT—SPECIAL TERM. Decisions. By Judge Freedman, The Stafford Pavement Company me lotion denied, with $10 costs. » boote vs. ‘the State Homeopathic Asylum, &c.— Motion granted, with $10 costs, with ve tod fendant to answer Within 20 days on payment of said costs. Goldstein vs. Perry. Bennett appointed recet security i the sum of Boyee vs, The Loril pany.—Judgment of alirmance ou rem Court of Appeal: Smith vs. Le Hertel vs. Berge judgment. Pierre Vs, Haberle.—Motion granted. | Brown vs. Henderson et al.—Order appointing iver, me vs, ceiver. Smith vs. Raphael.—Order that plaintiff jndgment on demurrer, with $10 costs, but with leave, &c. Jacobs d, s. Monhei- Motion granted and Eli | ; the receiver to file itur from —Order of reference, that plaintaul recover re Doyle et al.—Order appointing re- have | | 's. Berry and Another.—Order gran COURT CF COMMON PLEAS. The Contest in the Eighth District. Before Judge Loew. Under a law recently passed, Martin Nachtman, who, it was claimed, was defeated in the election for Assemoly in the Eighth district of this city, by | Assembly rectness of the returns, applied in this Court yesterday for the examination of witnesses, A notice was accordingly issued to Mr. Scherman, ppeared by Mr. George Bliss, and some 25 | es were summoned as a first instalment. Mr. Bliss asked that Mr. Nachtman be compelled to ille an affidavit showing that he imtended in good faith to contest the election of Mr. Scherman, Colonel Fellows, appearing with Mr. Wingate for achtman, clatmed that this was rather a_pro- | ceeding im the nature of a magistrate’s | tion t certain whether there was a case tor c i} test. If no probable ¢: re made out, then, of | | | course, no tuture action would be take Bliss insisted that Mr. Nachtman must least show some standing to contest the matter. Mr. Wingate then putin a brief ai candidate at the ed that the canvass hot fair. The Court then swore the witne were examined as to how they vo to falsify the returus, howing la sin | some districts than ‘returned, An examination will be resumed to-in j at COUZT CF CCMMCN PLEAS—SPECIAL TEAM. 1s Decisions. By Judge Loew. In the Matter, &c., Buck Recknagle vs. Reck- nagle: O’bell Vs O'Dell; Bradley ys, Smith.—See ; memoranda. A Bennew vs. Watkins.—Grder of errors dismissed ; Fic Mosher vs. Lowenstein.—Motion granted, TOMBS POLICE COURT. Before Judge Morgan. A Silky Swindier Pleads Guilty. Louis Raymond is a young man who has figured extensively for a long time in the up town saloons as aman about town and heir to a large estate. Sometimes he represented himself as a reporter | of one of the daily papers and at others asa tne- | atrical manager looking out for something new in | the way of sensations, This enterprising young | man, however, was brought before Judge Morgan | yesterday on a charge of obtaining goods under | laise pretences. On the Sth of December, as is | ed by Mr, Otto Weltlaufer, clerk to | Richard Iselin & Co., No, 839 Canal street, he | came tuto their store and presented an order for | ‘S worth of silk tissue jor veils. This order was ritten on a printed bill of J. Gottscho & Brother, 54 Lispenard street, and was signed “J. G. & * Raymond received the goods and also ga‘ ceipt for them, signing it ‘J. Lebenstein.”” He Was arrested on Friday last by Captain Petty, of the Futh precinct, to whom he coniessed his gulit. Yesterday, however, he pleaded not guilty to the charge, and was held 1p $1,000 bail to auswer at | General Sessions. ESSEX MARKET POLICE COUAT. Alleged Receiver of Stolen Goods . Caught. Lonis Messer, of No. 75 James street, wno keeps a house of the worst kind, frequented by thieves and iewd females, was committed yesterday by | Justice Otterbourg, for receiving stolen goods, | ‘The property stolen, consisting of valuable quilts, shawis, &c., belonged to Mr, T. Donovan, of | No. 201 Front street, OMicer Leary, of the Seventh | An | precinct, captured the three thieves concerned, | and, from iniormatign, which he worked out of them, visited the den occupied by Mes He de- nied all knowledge of having any such goods in his house, but the officer insisted on searching, and during the operation saw a bundle pass belore the window of the room he was then searcuing. | It contained some of the missing articles, and t remainder Were ound in another room of Messer’s | house. He told a rambling story, which no one be- heved, | n Admirer of Captain Kidd. Annie Rowe, a colored damsel, was held in $1,900 $50 billtrom Mr. Frederick Dunsmore, of No. 6 Lexington avenue, by whom she was employed as | stic. Officer Handy arrested her, and she ed the theit, stating that sie had buried the Dill at the rear of the garden, “’neath th | spreading branches of an Old oak tree.” ground in the vicinity being dug up, the bill was found tn its original state, with the exception of a | few holes made in it by enterprising wortns, SECOND DISTRICT Civil. cOUAT. Justice M. &. Field Takes His Seat. Yesterday Maunsell B, Field, the recent | appointee to the bench of the Second District | Civil Court, made vacant by the death of Justice | tion by Justice Fowler to the members of the Bar | present made the following address :— Upon assuming the duties of Justice of this ‘court, [desire to address @ few premilinary ob- servations to the Bar, the officers and the public, | and tor the sake o/ precision | have reduced them His Excellency the Governor hag b (to bestow the office upon me, not at tt ance of pre ohal politicians, but because he | believed that I id discharge its duties honor- ably and impartially; and, please God, 1 mean to so administer them as to justiiy his coufidence. I shail nesther countenance nor permit any official yppressions or extortionate proceedings on the patt of any persou connected in any | acity with my office; and | earnestly invite the ; litigants and the residents of this district veraily to eall my attention to any abuses now | existing bere or which it may be her er at- tempted to introduce, with the view to ticir sup- pression.. 1 shall not sanction the collection by | any officer of any tee not clearly and positively authorized by law custom to the contrary not» withstanding; but, on the contrary, | shall pursue and prosecute With all my power, both as a justic and as @ citizen, every such act. The Distric Court is pre-eminentiy “the poor man's Court, and Lintend to make the burdens of its adminis: tration fall ag lightly a8 possible upon suitors in ite 1 desire and intend to make no discrimination on account of partisanship, Iriendship or condition in life. I cannot say irom experience or knowledge how much of reform, in any direction, is needed here, but I can and do say that it will be my pleasure as weil as my duty to correct every abuse which I may myself discover or to which my attention may be called, My highest endeavor shall be to do my Whole duty and to do it fearlessly, Unless litigants appear in person the law disqualifies any bat reguiarly ad- mitted attorneys and counsellors from appearing in their behalf, Iam required to enforce tuls pro- vision and shail do so, t invite the co-operation of my brethren at the bar, of my officers and of all good citizens in the effort to make this a model Court, J rely upon the jurboarauce of all Jor aby. | Substantial reasu } that I'll set the ei | UNITED STATES SUPREME COURT. shortcomings upon my part incident to the as- sumption of untried duties, I propose making my residence among you, and at all times ana tn all places shall be at the service of those having official business to transact with me, For tae present I intend holding court every Monday, Wednesday and Friday, beginning at hali-past nine A. M., and as mach ofvener as I may fina it to be necessary or couvenient, Justice Field was congratulated upon his acces- sion to his new ofiice and the route business of the Court was proceeded with, BROOKLYN COURTS. SUPREME COURT—SPECIAL TERM. Railroad Litigation, Before Judge Gilbert. Counsellor Bellows yesterday applied for an in- Junction restraining the Williamsburg and Flat- busa Railroad Company from running their cars on the tracks of the Bushwick Railroad in Broadway, between Firstand Filth streets, BE. D, The plain- us claimed that the oiler company crowded their cars om their stand at the foot of Broadway and seriously interfered with their business, The defendants were ordered to show cause yes- terday Why a permanent injunction shouid ‘not issue. They failed to appear in court and Judge Gbert granted the injunction by default, Clothing the Police. Thomas McGrath claimed that he was “the lowest and only bidder” before the Board of City Works for the furnishing of cloth for police uniforms, the Board of City Works having been authorized by a resolution of the Common Council to advertise for proposals, The Board, however, refused to enter into a cc. tract with him, and yes- terday he applied to Jude. Gilbert fora mandamus to compel them to do so, It was contended by Corporation Counsel De Witt that the police should procure their own cloth, and that the Common Council had no power Whatever to purchase cloth for the police and then sell it to them, Judge Gilbert held that the Common Council had ny power to authorize any proposals or contract | for the clotu, and he therelore reiused to grant a mandamus, COURT OF SESSIONS, Arraignment: and Sentences, Before Judge Moore. The Grand Jury submitted a number of indict- ments, and the prisoners were arraigned to plead. The most of them pleaded not guilty, and the trials were set down for different days. William T, Airs pleaded guilty to forgery in the third degree. The indictment was for forging the name of William P. Glass, his employer, to an order for $50. The prisoner, who was but recently mar- ried to an estimable young lady in East Brooklyn, Was sentenced to the Penitentiary for one year and three months, Charles Brown and Frederick Henshaw, boys, were sent to the House of Reiuge for burglary aud theit. Joon MeCann w ar! nd 5] entenced to the Penitentiary months for burglary, and y to the jue institution for one year three montis for grand larceny. The Court then adjourned until Monday. COUNTY COUAT, Recent Elcetio: in New Lots— Annexation or No Annexation? Betore Judge Moore, Judge Moore was engaged a part of yesterday morning in h ng counsel in the matter of the application for an order setting aside the Stated sesult in the recent election in the town of New Lots, and providing for another election. The contest in question was between the annexa- tion and anti-annexation parties, and created a great deal oj excitement and bitter feeling in that usually quiet, staid oldtown, The party tavoring | anneXution to the city of Brooklyn were defeated. The pr ut application is based on the allegi tion that the elecUon was not held in conformity with the requirements of the law as to the polling . Counsellor Hagner argued that the in- ctors had no right to call an election in two uld have been beld at the Where the next town meeting was called. | so contended that it should have been e pressiy specified that the election to be held was vo determit het.er the town should be aunexed to Brvoklyn or not, allo! which the notice failed to do. Judge Moore suggested that counsel should sub- mit their points in writing and added :—"I think it is tair to Say to Che gentleman here that in view of the Jact that there have been two expressions of electors on this suvject, there must be some really and not mere technicalities, tion aside op. Imust be made jon of the wishes of the people of this town nave been in some way inter- jered with belore I'll set aside this matter, It seems to me to be a thing not lightly to be dealt with, Alter an election you Will always find that the party deleated will be dissatisfied. If Tshouid order another election and the iriends of annexa- tion should be successful then comes in the other The to see that a Jair expre side, My idea about it is this—wnatever my views may be on the question of annexation, | think it isa jus thing (Oo set aside an expression of the popular will, and I cannot do it unless the law per- mits me.” Counsel will submit points. SURROGATE’S COURT. Wills Admitted—Sequests to Religious Institutions and a Military Company— Letters of Guardianship. Before Surrogate Veeder, During the week just closed the Surrogate ad- mitted to probate the wills of Nancy E, Palmer, Rose Dunham, Francis H. Kaiser, Wm. Murray, Francis O'Rourke, Aminta K. Fon Benjamin G, Cordray, Martin Lowenberg and Katherine Laner, all of Brooklyn. The following LEGACIES appeared in the will of Francis H. Kaiser:—To the trustees of the Roman U chool tn the town of Nuérten, Hanover (Germany), $2,000, the income of which shall be divided annually between | the ten poorest children Wuo shall leave school | during each year—tive boys and five girls; to the trustees of thé Roman Cattiolic church of St. Boni- Brooklyn, for the benefit Jace, $2,000, ol said | church; to y separate woop cavalry, Filth origad p LETTERS were granted in the estates of Daniel Rink, of Pa,, and Chauncey ©. Shaw, ter McDonoug orge 1. W ullouch, Heifrich Neusinger aid Jawes | McDermott, of Brooklyn. LETTERS OF GUARDIANSHIP of the persons and estates of Edgar A., Fannie George W., Frank W. and Lanetta ander 5. Fiske, their father; Annie and Barbara Guttenberg, to Fre Guttenberg, their brother; of Eliza Jane nd Mary Kilen Dongiass, to S, B. Chitten- of Elizabetn and Francis O'Hara, to Pat- rick O'Hara, their uncle; of Maria J. and stepnen Cross, to John F. Cross; ot Jessie, Agnes and | eth McCullough, to Joseph McCullough, their of Jonn F. Valentine, Jr, to Join Me- d—ail of Brooklyn, WASHINGTON, Dec, 52. Fogg, Executor, &c., et vs, Mayor, Nashville—Error to the Supreme Court of Ten- ee.—The bili im this case was filed to enjoin the sale of several lots in the city of Nashville, which had been condemned to be sold to satisfy taxes assessed by the corporate authorities of the city for the years 1863, 1864 and 1865, and on the trial two questions arose, First, whether the city authorities elected under the order of the Military Governor of Tennessee (Andrew Jolingon) had power to levy and collect taxes for corporation purposes during the military occupancy of the city; and second (the government having occu- pied the premises for military purposes), whether, ifthe power existed, the taxes so assessed upon property within the city limits exclusively occu. pied by the military forces could be collected alter the war was over, The Court below answered both questions in the affirmative, and the reverse is contended for by plaintiff here, it being urged that the right to levy and collect taxes, and conse. quently the right to ¥ell, appertained as a belliger- entright. T jefendants contend that this Court is not authorized to review the d jon of the ate Court in the case, and that the writ must be dismissed, Messrs. Fogg and Breese for plaintif® and Mr. D. T. Willis for defendants, No, 153. Barring Bros, & Co, et al. vs. Dabney, Morgan & Co. et al.—Error to the Supreme Court or South Carolina,—In this case Dabney, Morgan & Lo. are the holders of the bills issued by the Bank of the State of South Carolina, guaranteed by the ate, and Barring Bros. are the holders of “fire loan bonds,” issued by the State of South Varolina for the rebuilding of Charleston after the great fre in 1838—the bonds being guaranteed by the bank— and the main question was—the bank being insol- vent—whether the bill holders were entitled to be paid in fall before the claims of any of the other creditors could be considered, as claimed by the dants in error, The plaintiffs in error con- tended that the fire loan bonds were made by stat- utory enactment a lien on the assets of the bank, as the agent of the State, and that they were en- titled to priority, ‘The Court decided that the fire loan pond holders, the bill holders and the other creditors share bg and that the holders of the i 1873. | arrival in England, ' tion, It is to be hoped this worthy | shumtle and @ | For vault permit biils be paid for the tull amount of their face, while Jewugd poon & Apegig basi and uBtih they were, practically Confederate transactions, from which they were to be treated tie same as other trans- actions made with reierence to Confederate money, This decision turned upon the repeal of the act charging the assets of the bank with the payment first, of the fire bondholders, and secondly, the re- demption of its bills. W. W. Boyce for plaintims in error; D, H, Chamberlain ior defendants, No. 144. United States vs, Kenner et al., and 145, 140 and 147.—Appeals from the District Court of Louistana.—These are suits for the confirmation of Spanish titles under the eleventh section of the act of June, 1860, providing for the final adjustment of land claims in Florida, Louisiana and Missouri; the parties defendant here claiming under Spanish grants, and their lands having been sold, they ask certilicates of location elsewhere for the quan- uty of land to which they were entitled under their grants, in pursuance of the statute. The Court below decreed that they were entitled to such certificates, and the governmeht here main- tains that the Court had no power to enter such a decree, that the decree should have been simply that the claimants should have the rights to enter upon aby of the public lands of the United States, and it iv asked that the decrees be reformed, Actorney General Williams and Assistant Attor- ney General Hill for government; Louis Journaud and Caieb Cushing for claimants, No. 460, County of St. Clair vs. Livingston et al.— Error to the Supreme Court of Illmois—Submitted under the twentieth rule,—This is a contest be- tween the parties concerning the title to # tract of land lying within the county, the county claim- ing under the Swamp Land act of Congress grant- ing to the Several counties in the State of Ilinois ali the lands lying within them, and the defendants under parties having patents from the general government. The decision below sustained the | title of the county, and the rulings o1 the Court reaching that judgment are assigned as error. G. Koemer for piaintit, W. H, Underwood tor derendants, No. 139. McKay vs. Wooster et al.—Appeal from the Cireuit Court for California.—The plaintiff in this case filed his bill to restrain the defendants from making or using in the State, and Territories west of the Rocky Mountains, certain cases for packing eggs, in violation of his patent, clarmed signment, for that Territory, The defendants re coinmission merchants in San Francisco, and receive eggs in these cases by consignment from persons who rightiully use them, under an assign- ment Of the States ‘and Territories east of the Rocky Mountains; and the question arose whether when @ patented article has been lawiuily made by a Territorial assignee of the patent right, and sold by him, without condition or restriction, within the territory included in his assignment, the pur- chaser acquires the right to use the articie in aa- other ‘Territory, for which another person has taken an assignment for the same patent. The Circuit Court held the affirmative of tots question, and the case is brought here for review, the ap- pellant taking the contrary view. Case submitted under the twentieth rule. N. Bennett for appel- lant, Curry & Churchill for appellees, ‘This Court recently, at this term, in another case,’attirmed the view taken by the Court below in dismissing the bill in this. THE CASE OF EDWARD LANGE—-LETTER FROM HIS PARTNER. New York, Dec. 13, 1873. To THE EDITOR OF THE HERALD:— Permit me, as the partner of Mr. Lange, to cor- rect a misapprehension that might arise in respect to the action of his counsel in applying to Judge Hunt, at Washington, for the writ of habeas corpus, which appears in your columns this morn- ing to have beén dented, on the ground that appli- cation therefor should have first been made in this distri The counsel first wrote to the Judge in respect to the application, and at his request went on to Washington, accompanied by myself. ‘The Judge then said he would hear the application on notice being given to the Attorney General and to the District Attorney of New York, We went directly to the Attorney General's office, ar- ranged the matter with him, and on the day fixed Mr. Lange’s counsel presented to the Judge the application for the writ, with admission of service upon the designated parties and also on the New York marsnal. No objection was made by them to the hearing; no question was raised as to the right to make the application, Reasons were given for not bringing the matter before the judges of this district which were apparently satisiactory to the mind of the Judge, und the matter was discussed on its merits on behalfaf the government by the Assistant District Attorney under an arrangement, previously made with him and the Judge that the argument on the application for the writ snould be made as on the return, to avoid the incon- venience Of bringing the matter twice beiore the Judge. JOHN J. LITTLE, ENGLISH FUGITIVES. A Young Aristocrat Brought to Grief. Two young men, wuo gave their names as Lewis Gillam and David Sandback, were arrested about a week ago, on board the Algeria, by Detectives Far- ley and Sampson, and were sent back yesterday in charge of Detective Williamson, in the City of Brussels. The charge against them is forgery, but upon whom and to what extent is not known, They were arrested by order of Captain Irving, who received a telegram from the police in Man- chester, requesting that action, The message gave adescription of the young men; but beyond stating they were indicted — for. forgery no par: ticulars were given. Captain Irving says the one who gave his name as Gillan is the son of a wealthy Manchester merchant, and that the young men have been led astray by their ropensities tor betting on horse races and gam- Bling, He thinks they spent all their own money in this way, and when they got short borrowed from the merendnt through the medium of his son, who was his clerk, The money obtained by the son was handed Mr. Sandback, whoever he may be, and both spert 1t together, Having run this sort of thing as far as it would go, and fearing de- tection, they fled to America, The detectives were informed of that step and put themselves in the way of intercepting the travellers, Every ship that has entered the harbor since the news came has been visited by Detectives Farley and Sampson up to the arrival of the Algeria, on which the gentle- men were found. The property found upon them was entrusted to the care oi Detective Williamson, and will be handed over to the authorities on their Mr, Sandback 1s the son of one of the most prominent noblemen in England, Detective Sampson says. How that knowledge burst upon the oMicer’s intellect he does not ex- plain, but he has doubtless been able to detect traces of blue blood in one of the prisoners, as he is cunning in such matters, Detective Sampson forgot to mention in what par- ticular Ime this nobleman was prominent, whether it was in politics or on the turf, or whether he was prominently famous or infamous— ch; or Whether he was a prince | of the pen or a wretched remnant in @ workhouse, iis Lordship the Earl of Sandback was a noble. Mr. Sampson found that out, and his son, though foolish and a forger, was stilla person of distine- cion of a proud old house, who, perhaps, can trace his race back through a long line of earls, was treated with be- coming distinction when he was subjected to the inconvenience of an arrest. Did the officer ap- roach this representative of the dignity of the ritisn Crown hat in hand, with a fussy multiplicity of bobs, exclaim. ing, “Ah—I0 Jord—sorry—ah—-but—unlortu- nate—glass 0) wine—explain matters;” or did he make up to him as the ofticial of a sovereign people, shouting “Aristo val You are my pris- oner?? Whatever the manner was at the moment of the arrest, it is quite evident the splendid quali- lies and superior station of the indicted forger were fully realized by the officers before they had long enjoyed the society of their prisoner, for they took the trouble to state in their report of the case for the benefit of che press “that ‘Sandback’ was one O01 the most prominent noblemen in Eng- Jand.? Such flunkyism as this is beautifully British, and smelis of chops at Simpson's in the Strand. Surely there are no inspectorships vacant in the poultry. it ae MUNICIPAL DEPARTMENTS. Department of Public Works. Commissioner Van Nort makes the following statement of public moneys received by the De- partment of Public Works during the week ending yesterday (Saturday) :— For Croton water rents and penaltie For tapping Croton vi aeeeee * For sewer permis... For sewer pipe sold to conti Total 5 ode ensues ‘The Commissioner has transmitted to the Board of Assessors the certificates of the cost of the fol- lowing improvements, In order that the assess- ments therefor may be mad Regulating, grading, &c., 120th street, from Third 10 BIXUH AVENUE. eee exhirsiiiies oi Flagging sidewalk on Mront. street, between Mont- gomery and Gouverneur streets. ..........ccceees PINANGE DEPARTMENT, Jollowing re- Total... Comptroller Green reports the ceipts at the treasury yesterday: From taxes of 1873 and interest, whout....+ Fri arrears of taxes, Assessments and interest. . jection of assésaments and interest $300,009 1tuL Len nees, Ma From fees and finds, district Total, Bias ean aighG eee S318 011 Comptrolier Green was yesterday served with a notice of jadgmeny for $1,542 in the sult of Edward Boyle for payment of surveys made in South Filth avenue, Papers have been also filed in the Depart. ment of Finance by James M, McGregor, the weil known ex-Superintendent of Buildings, who bas recovered judgment for $1,200 a8 his salary from April 1 to May 20, 1873. The question involved in this cage was that of @ difference of rates estab- lished tw the new and old charters, # | the streets with flags and $18,120 | BLOOD MONEY! How They Extort Gold from Shipowners at the Golden Gate—A Crying Evil—Where Is the Remedy !—The United States Shipping Commission a Farce—Remarkable Narrative of a Merchant Captain. Much has been said and written concerning the sufferings of “Poor Jack,” meaning the men who man the white-winged birds of commerce that dot the seas and carry the product of every clime to and fro between the distant quarters of the globe. It 18 only semi-occasionally, however, that we are instructed as to the diMiculties that beset the path of the shipmasters, who are put to incon- venience and loss because of the lack of energy on the part of the merchant man in the arbitra- tion of the seaman’s destiny. In order to be understood more generally it may be well to state just here that, from time immemorial, the merchant sailor has been wont to regard his boarding house master as the providential guardian of his movements ashore and afloat, His notious are peculiar upon this subject, and the tenacity with which he clings to the boarding house shark, with whom he is domi- ciled while on shore, is only equalled by his ob- liquity of vision upon all matters appertaining to his welfare. The ‘boarding house master, for in- stance, tells Jack, whether in New York or San Francisco, “you must not go here,” or “yoa must go there,’’ and the poor fellow obeys with the im- plicit confidence of a child in listening to the advice of a father, Hence, it follows that when Congress undertakes to legislate against the INTERES! OF THE BOARDING HOUSE MASTER, the latter has only got to warn his victims who “go down to the sea in ships” against being ‘used by Uncle Sam,” ana Jack stands in with his master for ‘weal cr woe’? A representative of the HERALD, while in conversation with one of the oldest and most experienced merchant captains sailing out of the port of New York, yesterday in- troduced the subject of the Shipping Commission as established by the government, and ‘its bene- fits.” Said the captain (and he tells the story best, free from embellishment), “1 fail to see the benefit of this Shipping Commission to either sailor, master or owner. I regard it as about equal in point of utility to the «fifth wheel of a coach,’ which is not looked upon as of much use. Here in New York the man that brought the Plymouth chureh saints over to the Holy Land in the Quaker City was given control of the Commission as a re- ward for his faitntul service in the fold of brother Beecher, The billet was in fact created, as | un- derstand it, for him, It is a snug haven for an old salt, too. How the Commission works in New York we all know. Iwas in San Francisco not many months ago, and, being in want of a crew for my ship, went, of course, to the United States Shipping Commission Bureau, presided over by one Colonel Stevenson, in order to open my articles. Weil, ! entered, and my mates, and the foliowing day I’ called to ascer- tain what progress was being made in the stip- ment of my crew, as I was very anxious to get om On entering the office, said I, ‘Well Colonel, have you got those men for me’ ‘No, Captain,’ was the reply, ‘Ihave not. Seamen are very scarce in ‘Frisco’ just now, and you must have patience awinile.’ “Well, 1 leit the Commissioner's office and went forthwith to see Messrs, Casey & Chute, shipping agents, of whom I had heard as ‘the men’ who could getme acrew, Making my way into the office of THE SHIPPING NABOBS (and a superbly iurnished one it was), I found Mr. Casey, ali perfumed = and bedecked with diamonds and jewelry, seated in an easy chair, with his Jeetupon a desk and smoking a fragrant cigar. Introducing myself to his lordship isaid, ‘Mr. Casey, lam told that you have some- thing to say about getting crews for vessels sailing from the port of San Francisco, Such being the case I want so many men.’ ‘You can have them,’ Teplied he, ‘but it will cost you $40 blood money in ee foreach and every man you get irom here, hat will be independent of the ad. vance which is $60 in gold.’ ‘Why must I pay $40 bonus, or blood money?’ I in- quired if there were not a law passed by Congress: to guard against all such extortion as this, by the establishment of a government shipping commis- sion? ‘Now, look here, Captain,’ said Mr. Casey, ‘you are excited; take a cigar and keep cool. We lon’t give three dauins for the laws that Congress may pass in this State of California. Ir you want to get a crew out of this port you will have to pay just what Isay, $40 blood money. If you agree you can have a crew to-morrow.’ ell, there ‘Was no alternative,” said the Captain; “so 1 had to accept the conditions and agree to pay THE BLOOD MONEY, which on my crew amounted to nearly $700 in gold; and you see, str, not one cent of this did the satiors receive. It all went to the boarding house master, with the exception of five per cent, which the broker received as his percentage.” The Cap- tain exnibited the bills and accounts with his agents in San Francisco, and there, in bold charac- ters, stood the entry, ‘Blood money, sailors, $670." “Tne men destined for my ship were then sent down to the United States Commissioners, where they were entered upon the articles and taken upon the vessel, a8 soon as $2 per head tax had been paid on them, making the entire sum which we had to pay for each man $102. When each man is re- ceived on board the mate gives what is termed a ‘boat note,’ or receipt for him, and stands in the gangway with A LOADED REVOLVER, for should a man leave us we would be out $102, ‘The sailors won’t ship without the sanction oi their boarding house masters, and the latter worthies will not permit them to go first to the United states Commission, 80 that all crews must come through the agents, Casey & Clute, who receive, as I said, a percentage for their services. I cannot see the use of these commissioners, who stand like a stick, being unable to move one way or the other with- out the sanction of the masters of sailors’ boarding houses, If we complain about the extortion of $40 the Commissioner remarks, ‘Can’t help it; | know nothing about it.’ ” it will thus be observed that men at the Golden Gate are fully up to the ways and means of realiz- ing a 1ew dollars at the expense ot the shipowners who brave the dangers of the voyage “round the Horn,” and that the protective scheme of Uncle Sam provided in the establishment of the Shipping Commission is not what it is generally supposed to be—a protection to the sailor and shipowner alike. ‘The matter is worthy investigation, and a remedy for the evil 18 in ord THE NATIONAL SHIPPING LAW. Ses ee eee A Letter in Its Defence. To THE Eprror oF THE HERALD:— In your issue of November 10, under the head “Sailors’ Grievances,” was an article purporting to be a report of @ sailors’ meeting, held on Sab- bath, in Cosmopolitan Hull, to denounce this law. ‘The speeches as reported and the resolutions ex- hibit so much ignorance of facts or disregard of truth that, with your permission, I will give your numerous readers a few simple facts reiative to the origin and design of the law, as also of one or two other institutions ignorantly confounded with it by this so-called sailors’ meeting, The SEAMEN’S ASSOCIATION, OR SAILORS’ EXCHANGE, originated among seamen themselves for their own improvement, but more especially for their protection against frauds practised on them by various parties, From $5 to $20 was generally charged them jor the chance of shipping, espe- cially When seamen were plenty, This, in their own characteristic language, they called “blood money,” @ large share of which went into the pockets of their landlords. Several meetings have been held by them to devise measures of relief by organization; but they had unwisely mixed up with this a strike for higher wages. They paraded music, tll, without ) Tesults, numbers began to drop off in discourage- ment, In this emergency three of their leaders appeared to the writer, ii the office of the Ameri- can Seamen's Friends’ Society, for counsel, ad- vice and aid, He listened to the story of their wrongs, efforts and objects; told them their object was agrand one, and, what was more, that the effort came from the right source—from seamen themselves; but to succeed they must have | oMlcers and managers residing on shore and known, and having the confidence of the community. Remembering that Captain ©, .» Duncan was then at leisure, @ fre tired sea captain, a friend of seamen, he sent them to him with their story to ask him if he would be the President of the Asso- clation, if others would associate with him to Manage its afairs, They returned with the repor’ that he would consider the matter, but gave little encouragement. hey were argent that we should attend their next meeting. We found at that meeting 60 or 70 of as fine & class Of Sailors as ever trod a ship's deck—good at speechmaking, but unskilled at organization, The result fnaily was the organization of the Association—a charter from the State, with an appropriation of $30,000, provided the merchants of New York wouid raise ou egual amount, which was dong, A spacious building, fronting both on Cherry and Water streets, containing a reading room, a large publio: hall, a savings bank and various other offices, cost- ing altogether over $110,000—the Sailors’ Exe change—an enduring monument of New York’s gratetul appreciation of the serv ices of our sailors, as also of the liberality of her merchants, All thist has been owing largely to the industry and energy of its President, Captain C. C. Duncan, This Asso. ciation has no connexion with the United States Shipping Commission, except as the tenant of rooms in the Exchange, and Captain Duncan hap- pens to be connected with both, THE NEW YORK COMMISSION FOK LICENSING SAILORS? BOARDING HOUSES. This originated among the better class of sailor landlords, to elevate the character and reputation of the business and to tree it irom those dens of prostitution and robbery that had so degraded the very term, sailor boarding house, They employed a lawyer to draw up the law, nearly in its present shape, and sent him to Albany to procure Its pas- sage. Alter several unsuccesoful efforts they also applied to the Seamen's Friend Society for influ- ence and aid, Alter two or. three years of bated effort the act was passed and became a law. Cap- tain Duncan was appointed a member of this com- mission by the Chamber of Commerce, and for a time was its President, At a recent reorganization ofthis Board for business George W. Blunt, Esq., became its President. Not long alter the passage ol this law it was found that the shipping ottices were participating largely in the “blooa money,’? and sometimes the mates and even captains were suspected of being sharers. An amendment to the law to include snipping ollices under the supervis- lon of this commission was carried through the State Senate, but im some mysterious manner smothered in the House. Recently 1t has come to our knowledge that a certain shipping master paid a certain poiltician $500 to kill the amendment, and it was kiled. We have the name of the infamous rascal that sold-himself, and know his political position, He will probably ind him- selt, like Judas, ‘in his own place’ some time, We mention tlie fact to show houest voters the tricks of legislation and the immense difficulty ot pro- curing just laws for tbe protection of the commu. nity. The United states law comes in to do more extensively and effectively what was contemplated in this amendment o1 the State law, ORIGIN OF THE LAW AND COMMISSION, ‘The condition o! our seamen generally had be- come so deploravle under these frauds, robberies and impositions that a society of benevoient women in San Francisco employed an eminent lawyer of that city todraw up a form o! law and & petition to Congress for the better protection of seamen, The lJawyer, on examination, found the English law ‘lor the same object emi- hently wise and ample in all its pro- visions, and it had for years operated very beneficially to sailor, oficer and owner, and this better protection of her seamen was one cause of the ascendancy of Brisa shipping over our own in late years. He copied that law, with slight modifications, adapting it to our government; had it printed, with a petution to Congress; sent {t to the writer, with Jetiers irom himself and the Sec. retary of the Ladies Society, requesting the co- operation of the seamen’s Kriend Society. At a special meeting of the Board it was careiully con- sidered, article by article, and highly approved, It ought vo be said in this connection that this Board is composed of ship owners, sea captains and professional men, ‘rhe petition of the Board was sent to Congress by the hand of Captain Duncan, and owing, iu & measure, to his persevering Care and skillit passed and became a law. Congress has never passed & wiser, better and more humane Jaw in its bearings on all concerned and for the interests of American commerce. The only objection that has a shadow of reason is the government takes the business of shipping seamen out 0. the hands of private indi- viduals, Is it anti-republican? Answer—On the statute books of all maritime nations is much special legisiation tor the protection of seamen, because from their avocation the most unprotected of mortals. Why should republican legislation be an exception ? WHO ARE OPPOSED TO THE LAW ? A fact may better illustrate the character and composition of this meeting of oppo- nents than a particular description. A stal- wart, brawny sailor came to the naval rendezvous to ship. His landiord, with him, pre- sented a bill of $20, which in his presence tne sailor owned all right. The naval agent dismissed the jandiord, then inquired ot the savor about the bill. “T have.’ said he, “been in his house three days, which 18 $3; I suppose the rest is for shipping me.’?~ “You are big enough,” said the agent, “why do you not thrash that fellow out of his boots “There’a be a dozen more down on me, and Pad better pay the $20 than get my head broke.” That Sunday meeting was probably made up—first, of such landlords; second, of their runners; third, of such d or terrorized as did not “wish to have their heads broke.” Tals species of rovbery runs up to milions in this country every year. What robber will have a gcou opinion of the law? But it was said at that meeting that certain owners were pledged to pay largely tor the repeal of the law. What objection can an owner have to a@ law that furnishes him as well as the sailor that may be aggrieved with a court without the expense, vexations and delays of former lawsuits to adjust all difiiculties and keep him out of the hands of Tombs lawyers, often set ou him by the land sharks? But it has been said it cost more to ship through the Commis- sion, That has been shown to be untrue if crews are honestly shipped witnout any pagticipation im the “blood money.” The Commissioner tas already paid several thousand dollars of wages of deceased sailors into the United States Court, for heirs, that may possibly be a loss to some owners. The honest settlement of the voyage beiore the Commissioner may sometimes protect the ignorant sailor from mistakes against himself, In @ little volume recently published in England. by a@member of Parilament, the Hon. 5. Plimsall, case alter case is given, with the circumstances, except the names, in the Keeping of the author, of old vessels, overinsured, going down at se‘ allon board. That ciass of owners is not c@ finea to the British Isles, There 1s here and there one, robably, on this side. They will oppose the law, ve fully believe there are but two causes of oppo. ition to the main features of the law. One is ignorance of its design and bearing on the interest. of sailors, oMcers and owners; the other 18 un- principled selfistness and rascality. It is easy for this class to get up @ Wave O/ excitement and carry the unthinking to the plucking out of their own eyes. Since writing the above the report of a meeting of ship owners, held November 12, has come to my notice, approving the law vut taking some excep- tions to the administration. Well, if it has not been administered justiy and patrioticaily by the present Commissioner the appointing power (the ‘nited States judges) can set that right, and the Courts are open. But a closer inspection will probably reveal that it has, on the whole, been well administered, and that is the real cause of tha hubbub. Thope there is still too much patriotism, justice and righteousness left in the Congress of the United States to be in need by such parties in interest. of unjust gains, and too deep a sense of duty and. watchfainess in the business of legislation to be tricked into any modification or amendment to weaken or render inefficient the law by any hired pettilogger in Congress or out of it, H, LOOMIS, 70 HANSON PLACE, Brooklyn, Nov. 13, 1873, THE BRITTON INVESTIGATION. The Keenan Forgery CaseThe Shanks Habeas Corpus and the Proceedings Be= fore the Grand Jury. The commission appointed by the Governor, at the request of the “Fiity,” to take testimony in the matter of the charges preferred against District Attorney Britton met again at noon yesterday im Samuelis’ Assembly Rooms, Brooklyn, Messrs. Spier and Cadwallader appeared as examiners, and Mr, Britton and the “Fifty” were represented, as usual, by their respective counsel. The District Attorney took the stand soon alter the opening of the eXamination yesterday and testified as to his course in the prosecution of the Keenan forgery case, wherein the names of Gedney and Fogarty were signed to ® bond, without autuority, by Commissioner of Deeds, Patrick Keenan, He disclaimed any dis- inclination now or then to try the case. At the time the case came before the Grand Jury he did not think that the evidence was suMcient for an Ds ence was fined for the offence iy County Judge Moore, ‘The Shanks habeas corpus case and the action or the District Attorney i oat matter betore the irand Jury were then taken Mr. W. % Godfrey, foreman of the Grand Jury before whom Mr. Shanks appeared in relation to the authorship of the libellous article published im the newspaper with which Mr. Shanks 1s con- nected, reflecting on Judge McCue, testitied as to what transpired in the jury room, Mr. Shanks said that he bad beard that Judge McCue said “ne had now a Grand Jury that would indict the newspapers;” Mr. Shanks said that Mr. Gor- don L. Ford told him that he heard Judge McCue say 80. Mr. Shanks sald, in answer to @ question of Mr. Britton, that he could not testily to anything criminal against Judge McCue and that the paper, and not the writer, was responsible 5 but he deciined to give the Jury the name of the responsible editor of the paper; ih AU under protest, he answered that Whitelaw Reid was the respousible editor; he was not stopped’ in the middle of any sentence while giving hia. testimony to the Grand Jury. Messrs, Bergen,, Brerz, Brest and Johnson, members of the same Grand Jury, corroborated’ the testimony of the foreman. Judge Pratt testified that, so far as he knew Mr. Britton asa public oficer, he had discharged bi oiicial duties well. The Raisbeck perjury case was then taken ap, and the examimation was adjourned until to-mor- row. DISCHARGE OF DR, PETZOLD, Dr. F. Petzold, who has figured so much of late ip the newspapers in connection with the death o: the child Storandt, yesterday morning voluntarily appeared at the Coroners’ Office, but vorones Kessler dectined to hold the Doctor in $3,000 bail, as he had previously declared his intention of do ing. and permitted him to go about his basines! pucie lurther molestation, Thus terminates bly rs with -