The New York Herald Newspaper, December 14, 1873, Page 7

LIFE INSURANCE. The Cases of the Commonwealth and Asbury Companies and How They Are Looked Upon by Policy Holders and Life Insurance Ex- perts—The Suicide Question and the Court of Appeals—The Amalgama~- tion System—Its Advantages and Its Dangers—The State Superintendent’s Views. The policy holders of the Asbury Life Insurance Company, which has determined not to take any new businéss, have not yet been officially notiffed of the company’s “new departure,” but it is ex- pected that each one will get his notice next week. The impression seems to have got &broad somehow in certain circles (nat both it and the Commonwea!th, which, 1t will be borne in mind, turned over its policy holders to the National Lite the other day, had really failed; but such is not the Jact. It appears that before taking the step they dia take the oficers of the two companies con- sulted several of the most experienced actuaries and directors of the soundest companies in the city as to. the advisability of their intended action and were told that, under all the circumstances of their respective cases, their respective plans for the protection of their policy holders were not only justifiable, but the best they could possibly adopt. The plan followed vy the Con monwealth in par- ticular is said to be considerec. by the majority of the life insurance experts as on excellent one in every respect, and that as it was MADE IN GOOD PAITH (and the company’s condition is a guarantee that no loss wiil coe to the policy holders by reason of it), the mere transfer of the interests of the policy holders from one company to a stronger one ought to meet with favor by all parties concerned. It cannot be denied, however, that many of the policy holders in the two companies were somewhat aiarmed at first by the action of the companies, in whose prosperity they all have a vital concern; but they have in great part got over their scare now that the skies do not look so black as their imaginations painted them, In this connection tt may be statea that one of the allegations made by the Common- wealth was to the effect that they had been com- pelled to trausfer their business over to the Na- tional Life, owing not only to the bad outlook, but to the heavy claims they have had to pay of late; among others to the survivors of policy holders who committed suicide. In conversation yester- day with a gentieman engaged in the life insur- ance business a HERALD reporter was informed that herea‘ter he believed the suicides would not have everything their own way—so to speak— those at least who insured their lives and then Killed themselves with tie intention of making their death PROFITABLE TO THEIR FAMILIES, It may be, he said, that the Commonwealth had suffered {rom suicides, like many other companies, and, taking it for granted that such was the case, he accounted for it from the fact that juries in line cases out of ten had an idea that no man who commits suicide can be sane at the time he takes his life. “Only day before yesterday,” said this gentleman, . “the Court of Appeals at Albany handed down two de- cisions, in which thts theory of suicide gets its quietus, Ove case was that of Van Zandt against the Mutual Benefit Company and the other that of McClure against the Mutual, of New York. The decision in each case was rendered by Judge Ra- pallo, and the Court hela that i: aman, when about to commit suicide, knew the physical nature and ° consequences of committing, he the act he was was really —_ responsible for «his act, and suicide under such cir- cumstances rendered Ins life insurance policy null and void—the policies of all companies ex- plicitly Stating that suicide invalidates the policy. These deci=ions are but a reflex alter ali of that of Barrodaile against Hunter, cited among the Eng- lish cases,”” “But,” asked the reporter, ‘do you mean to say that the Commonweaith paid losses on ali suicides without a question ?”, “I can’t speak as to that by the card,” was tie reply, “but 1 Nardly think they did, Of course the causes of the deaths of policy holders are always inquired into, anu if there be anything suspicious surrounding @ death it is the company’s duty to the living policy holders to clear up every mystery concerning it; for money obtained from’ the com- peuiee by traud isa robbery of the living policy joiders themselves, who are honesc in their deal- ings with them. But what! mean to say is, that there are people who believe that suicide per se is a positive proolof the insanity of the party who takes bis own life; but a case happened afew weeks ago in the United States Circuit Court for lowa which will, added to the two decisions of the New York Court of Appeals I have referred to, effectually setue this heretoiore much mooted ques- tion as to THE RESPONSIBILITY OF SUICIDES FOR, THRIR ACTS. The case was that of Hagan ys. the* Mutual Life. After the 12 jurors had been selected the counsel of the company, on a challenge to the favor, made the point thatifany ofone the jury was ol the opinion that suicide per se was an indication of insanity that that opinion disqualified him jrow serving as an unbiased juror, The Judge declared the chal- lenge weli taken, and eight of vhe jury tad to retire.” Inquiry of the officers of the Commonwealth re- veais the fact that they do not contend that losses by suicide, independent of any other losses, had made sucn an inroad into their cash funds as to revent them from going on. “I tell you what it 8,” said one of the attachés who was spoken to about the subject, ‘if that was the case we would get the credit of having made some splendid selec- tions as policy holders. Probably some people might be charitable enough to say that we had GONE INTO A LUNATIC ASYLUM FOR SUBJECTS The reporter was assured that the policy holders, now that they thoroughly understood the arrange- ment the company had made with the National Life, were completely satisied with the plan, and that, as it Was a certain guarantee of good faith to every one of them, there was ao reason for com- plaint. When questioned as to the cetermination of the Asbury Lite to take no new business, this gentleman said he had heard several liie insurance Men speak about the matter, and the general opinion seemed to be that the action of the com- sony had been well taken. It had been taken, in fact, he said, after good advice bad been obtained from reliable life insurance men. ‘it is mfinite better,’ he said, “to have done what they ha done than to have kept on with @ protitiess } Bees and then to fal! into the Mnds of a receive: It may be of interest just at tins time, when the prospect is that several others of the young com- panies may be compelied to take shelter in th protecting arms of some stronger und older ones, that policy holders generally should know just ee the State Superintendent o/ Insurance thinks o AMALGAMATION OF LIFE INSURANCE COMPANIF: Like every other question that involves great in- terests, and in which the wellare of so many thou- sands i8 at stake, this amaigamation question has more than one side toit. While many contend that it is an excellent plan to save a company trom being swept ont of existence altogether—at least so faras the interests of its policy holders are concerned—there are those who believe that, excellent as it may seem, it is ltable to great abuse. However, the best laid plans of insurance as well a8 any other class of business men are open to abase. The Superintendent says in his last report on the subject, unuer tie head of “Methods of Contraction Experience shows bent upon that the method of amalgamation is most gen- erally adopted by insurance managers, 16 New York companies having adopted it since 1856, It consists substantially in one company swallowing another, with its risks, its assets and sometimes its officers.” He then goes on as fol- lows :—"Power to insure ‘any’ risk would seem to include power to insure ali. The question whether areinsured. policy holder has anyadequate remedy against tus company or its officers for a wrong done bim, and toe no less important one whether the policy holder in the company retnsuring has any adequate remedy against tis company or its officers for injury done him, is left as a purely legal matter to be finally settied by the courts. ‘The law seems to give absolute authority to any company organ- ived under the act of 1863, to make a contract of reinsurance, partial or total, with any otter com- pany, But, while to reinsure may be legal, the Manner of doing it may be illegal, Here would seem to be THE VULNERABLE POINT OF ATTACK. A judicious assault here might disclose Spatial and corruption in some instances on the Part oj officers that would well repay the trouble and expense of atrial. Bat, however this may be and however reprehensible the practice of wholesale reinsur- ance, the Superintendent nas been unable to find an existing law any provision which gives him the Slightest practical control over it, The contract can be made without his knowledge or consent, and until some law 18 passed prohibiting or giving him authority to regulate or prohibit the making of such contracts, he is absolutely powerless to inter: tere in the premises, Examinations, no matter how frequent, will not touch the evil. He might enter the office of @ company and examine and re- examine perpetually, and yet so long as the com. pany complies with the law and has one dollar of surpius he can do nothing to prevent the making of such a contract, So, too, under existing law such acontract can be made without the knowledge or consent of the policy holders of either company, Theoretically, of course, no policy holder can be obliged to GIVE UP HIS POLICY, or toaccept one of any other company: nor can he be transierred from one company 10 abother with out tis comyent; but he often NEW YORK HERALD, SUNDAY, DECEMBER 14, 1873--QUADRUPLE SHEET. ractically finds him- self compelled to consent, go long as the policy holder per.orms bis part of the contract of in- surance he can compel the company to pertorm its part. But his very difficulty may be in performing, with @ company only in name, having bo known place of business, its officers unknown, its agents perhaps removed, or their authority cancelled, To whom is he to pay? Precisely how much is he to pay? Is he entitled to any deductions from his premium on account of dividends; From whom shall he get @ receipt? Is it not money thrown away to pay anybody? Will the company be able, if he’ does pay, to ‘ulfll Its part of the contract? A policy hoider living in the rural districts often finds Numself face to face with these and similar ques- tions, and they present almost THE ONLY GROUNDS OF COMPLAINT made by the reinsured to this department. By the time he has satisfactorily answered all of thein his day of payment may have passed and his policy consequently expired, Thus while his remedy is per ect in theory, in practice he oiten encounters what tc him are insurmountable difficulties. So, also, while he cannot be compelled to accept tne policy of vhe reansuring company, may he not find that, under the legal rule of novation, le oas un- wittingly done some act which in t.e eye of the Jaw will be construed as an acceptance’ The Superintendent then, alter discussing the propriety of the Legislature prohibiting reinsur- ance and giving his reasons, pro and con, on the suuject, saVvs: fhe judgment of the best in- jJormed’ among imsurance men would seem to be that the right to reinsure is necessary and some- times productive of great good. This view,” he adds, “is strengthened by the fact that, so far as Known, it has been given by every legislative body that bas pawsed any law upon the subject, and once given it has never been taken away. PROHIBITING REINSURANCE BY LAW. “On the whole, therefore, it would seem that pro- hibiting legislation would be of such doubtiul pro- priety that it should not be resorted to, to say the least, till every other remedy tails.” In one part of te report he also says, ‘All legislation upon this subject may be arranged under one of two beaas, depending upon whether it seeks to con- trola company before or after amalgamation. If belore, it must be directed toward prohibiung or regulating the making or the nature of the con- tract: If after, it must be directed toward the re- insuring company, for the other, having then sub- stantially gone out of existence, cares noting jor legislation directed against it as a com) any,” ‘The Superintendent finally concludes discussion of the subject by outlining a Jaw that he believes would furnish a remedy for the-evils the present system of amalgamation 1s open to, and whieh would protect tue companies and policy holders reinsured alike. IS THE “MANNER” ILLEGAL THIS TIME ? Tt willbe seen by the above that alter all the arrangement made between the National Lite and the Commonwealth is not, as the officers of the latter claim, anew one as a whole. That part of it wnich allows the Natlonal to drop the bad busi- ness of the other company at the end of three years may be the noveity of the plan; and yet there are those who contend that while the ar- rangement is not illegal in itselt in its entirety, “the manner” of reinsuring, a8 Mr. Chapman terms it in his report, “may be ulegal,” and tl “the vulnerable point of attack” in the arrangement is the provision as to the tnree years, when present unsound policy holders in the Commonweaith will no longer be recognized by the National. Doubt- loss this point will yet create a breeze among the three year unfortunates. HORSE NOTE! —s S. The San Francisco Morning Call of December 5 says:—‘There were not sufticient entries for the six days’ racing to have commenced yesterday, and an indefinite postponement Is announced,” Shepherd F. Knapp has sold to General Baxter, of Vermont, his two-year old stallion by Messenger Duroc, dam Mildred, by Hambletonian; price, 2, 500, A race, free for all trotters and pacers, 10 miles out, for a purse of $1,000, was announced to take place at the .Ocean View Riding Park, San Fran- cisco, yesterday afternoon. Result not received. The first day’s races at San Diego, Cal., Decem- ber 3, were successful in every respect. A very large crowd was in attendance, many ladies were present, and the best order prevailed, The first event was a trotting race. free for all gentlemen’s roadsters, There were four entries, and all started, The race was won py Chalmers Scott's Temecula Boy. Best time, 2 '¢- A quarter race was won by Mayfield’s Sleepy Charley. The third race was a mile dash, for two-year-olds, Three started, The Trace was won by Captain Johlnson’s Regent. Time, 2:00. Mr. Thomas P, Wallace is driving his well known horses, Heatherbloom and Triumph, on the road as ateam. His celebrated horse Henry and his bay Hambletonian gelding James H. Coleman will winter at their owner’s stable. Mr. Wallace has lately purchased avery fine pair of carriage horses, They are grays, standing 16 hands, and are very stylish and handsome. Mr. George N, Ferguson's white gelding Crown Prince wiil be wintered at the San Francisco Stables, Forty-sixth street. He will be jogged on the road during the winter. He has a record of 2:25. Ben Mace and Dunn Walton's bay gelding Sensa- tion will winter at J. D, Walton's stable, West Thirty-ninth street. Sensation trotted two heats at different times and places in 2:224¢ last season, Damon, with record of 2:30; Nellie Wal- ton, With record of 2:37; black gelding Arthur and the bay mares Midgett and Frances will winter at the same stable, Mr. William H. Harbeck is driving his chestnut mare Saratoga, also his brown and bay mares on the road. Either of them can trot in 2:35, Commodore Vanderbilt is driving bay mare Mountain Maid and bay horse Harry Harley to- gether. They are fast, weil broken and steady. Mr, Frank Work drives occasionally his white- faced Kentucky colt. He isa good sized and well bred one, with a great turn of speed. Dan Mace is driving the very fast team Darkness and Plympton on the road, either of which can beat 2:30. They are very well matched and black as crows. Mr. William H. Vanderbilt has avery fast team in his Lady Emma and mate, and it is said that he oe easily beat any team the Commodore can pa- rade. Mr. William Turnbull ts driving a very promising and rapidly improving chestnut gelding. The brown gelding George Palmer, the property of Mr, Erastus Corning, of Albany, did not trot a rrce last season. He 18 used by his owner for the road, His record is 2:19}4. The little horse 1s said to be in fine health. ° Sales of fancy horses are rarely made at present, owing to the dull times, and dealers are looking forward to sleighing for a chance to get rid of some 01 their stock, UDDEBZOOK SENTENCED, A New Trial Refused, and the Death Doom Pronounced. West CHESTER, Pa., Ded, 13, 1873. WwW. Udderzook Was brought into court this morning, when Judge Butler gave his decision aguinst granting a new trial. He said the first and fourth reasons had been abandoned. He did not deubt the propriety of sending a photograph to the jury to assist in identification of the mur- dered man, or the letters submitted as evidence. Tne evidence against the competency of the jury- man Wiison was totally in adequate, and that against Nichols failed to show any prejudice. The District Attorney moved that judgment be pronoanced. Udderzook, in reply to the question whether he had anything to say, said by advice of his counsel he would say nothing ut this time, Sentence of death was then pronounced. The prisoner showed some emotion, while the Judge was moved to tears. ROBBERY AND PROBABLE MURDER NASHVILLE, Tenn., Dec. 13, 1873. W. B. Wood, agent of Adams Express Company at Franklin, Ky., had his skull crushed and his safe robbed of $4,200 about nine o'clock on Thursday night. There were three men concerned in the assault and robbery. One of the suspected parties was afterwards arrested, and two others, John McGuire and Duncan McPherson, who elandestinely boarded a southern bound freight train soon after the occurrence, Were discovered and locked up by the conductor, and guarded until their arrival in this city, when they were turned over to the police and yesterday atternoon returned to Franklin, It is ieared that Mr. Wood is mortally wounded, THE MURDERED OFFICER, Coroner Young has concluded to proceed, on Monday next, with his investigation in the case of OMcer Edward L. Burns, of the Eighth precinct, who had_ his skull fractured on the night of the 1st inst., while conveying two prisoners to the sta- tion house. Captain Williams, of the Fighth pre: cinct, las been actively engaged in endeavoring to find evidence against the guilty party. KILLED BY HIS WIFE, KEMPTVILLE, Ont., Dec, 13, 1873, In the case of William Magee, who was found dead in his bed, on Thurday last, the Coroner's jury returned a verdict that he came to his death by vio- lence at the hands of his wife, both being under the induence of liquor. She has been arrested and sent to jail to await trial at the next assizes, THR PHELPS’ DEFALOATION, ALBANY, N. Y., Deo. 13, 1873, In the Court of Oyer and Terminer to-day the case Of Phelps, the alleged State Treasury de- faulter, was on motion of the District Attorney vent to the Cour 16 Bisane tof County Sessions, which meets The Threefold Power of Love as # Great Equalizer of Mankind=Sermon by the Rev. Dr. Gottheil—The Festival of Chanucka, The congregation that gathered in the temple yesterday was, owing to the inclement weather, relatively small. A new and very prominent feature seen yesterday was a magnificent per- petual lamp hung belore the ark. It is the fiftieth birthday present of Mr. Lewis May, the president of the congregation. It is composed of highly bur- nished silver and cut glass, and is suspended from the nigh ceiling by silvered and bronzed pipe, and can be lowered or raised at pleasure, It bad many admirers yesterday, The Rev. Dr. Gottheil preached the sermon from Exodus, xxi., 5—“If the servant shal! finally say, would refer to this instance, in which the love of the servant constrains him to make a sacrifice of liberty for the purpose of remaining united with those who have won his affection, One of the Tal- mudic doctors considers the ceremony of piercing the ear as intended to inflict a sign of ignominy on the member to the covenant wlio thus barters away his liberty and accepts a state of perpetual bondage instead, This explanation is not offered as a statement of the reasons that Induced the legisiator to adopt tuat mode ol marking the per- petual bondman, but simply asa valuable lesson to be gathered Irom @ law that has long ceased to be operative, and as reminding us that liberty may not only be considered as a privilege, but also as untolding solemn duties that cannot be neglected, even on the plea of love, without tending 1m some sort to lower a man irom the high position ior which his Creator designed him. ‘To us the text atiords an opportunity to speak of THE POWER OF LOVE under a threefoid aspect. First, as to its power, as present in every human heart, in servant as in master, in the higkvorn as welt as the lowest; second, the power of love to bear the burdens of lie; and, third, 1t8 power asa great equalizer of mankind. On these three points tne Doctor en- larged and amplified the principles of love. He cited this and other illustrations of the presence of this passion, in some degree, im every human heart. ‘Then, as to its power to enable us to bear the burde gave illustrations, and also to show the liverty and the reasons why itis someti strained, We sometimes cage a lion, ne within @ very small space of a few feet, not to ch lessons Of natural history, but, as it seems to ‘us, to be teased by’ boys. The lion tries to get away to enjoy his libert ‘the desire for ireedom 1s natural, but here it is yolun- tarily given up. Where do we not find this princt- pie of action demonstrated? What labor, what self-denial do we not endure for the sake of those we lovey The Doctor gave tliustrations, drawn Jrom daily lile, of the parent undergoing hardships and privations tor his children; of the jrend chained to the bedside of his or her sick friend, and with whose hopes of recovery our own hopes rise or fall, Shatl 1 speak, said the Doctor, of those who forbear and torgive?y No one knows the thousands of WOES BORNE BY HUMAN HEARTS; of those injured in character and reputation and domestic jie, Who forgive not only seventy umes s wayward sonor daughter grieving and breaking the parents’ hearts daily and yet dally torgiven. What have not men borne sor’ their téilow men! ‘There 1s no religion on carth that has not had its martyrs for the truth’s sake. Love is the great equalizer of mankind. Ifa man says, “I love my wie, my children, my mas- ter,” he eq 1 men, there is only legal equality there Will be Wealth, sociai position or the like. This does not coustrain us io do good. The great principie of unity which our great’ Lawgiver has leit us is not undcrstood—fhou shalt love thy neighbor sell, Our rabbies interpret this as saying, * neighbor who is the equal o1 th, 7? Let this text recall us to our own obligations to God and our duties to our neighbors; and may there never eaduty 28 to our religion, to our God or to our neighbor neglected by us, and may our lives show that we love our neighbor and our G THE TRIUMPH OF THE MAQCABEES, The Friday evening lectures of the Doctor have become quite an institution of this congregation. ‘they are delivered on aiternate Fridays in English and in German, and are very largely attended. Next Thursday evening the Doctor wil lecture be- fore the Young People’s Association of Dr. Muebsch’s congregation, in Lexington avenue. The bearing of his discourse yesterday will be more ap- parent when itis remembered that the least of Chanucka commences this evening, in which the struggles of tue Maccabees 1s recounted and com- memorated, Their achievement of independence, their triumphant entry into Jerusalem, and the purification of the temple by the Jewish army under them, and the rededication of the temple amid strains of fervid thanksgiving and praise. ‘This, theretore, 18 @ seuson of national and religious patriotic enthu- siasm among Israelites, The younger members of that faith, however, do not count much on the ex- hibition of such patriotic devotion 2,000 years ago. ‘They can enjoy the festival, but trom other motives and ‘or other purpos MISS SMILEYS LAST EFFORT. * A Bible Lesson in the Clinton Congrega-= tonal Charch—A True Female Preacher. Miss Smiley, who has been preaching every day since last Sunday in Dr. Buddington’s or Dr. Cuyler’s church in Brooklyn, gave yesterday after- noon a Bible lesson in the lecture room of tle Clinton avenue Congregational church, About 100 ladies were present, a very large congregation, considering the pouring rain. Miss Smiley is small in stature, of delicate form, with a pleasant but rather pale face, expressive of thought ana study and short black hair which is half hidden under a plain white coiffure. Yesterday she wore a simple brown dress which, added to her modest, humble attitude, gave herthe appearance of a true preacher of the Gospel. She,said she in- tended to explain the first eight chapters of the epistie to the Romans, She would leave out the minth chapter which was not so practicai, but the epistle seemed to find a climax in the eighth chapter. It was won- derful to see this apostle, after having arisen to lowly, homely practical advice. The first epistie foreshadowed the depths into which man could fall despite his civilization, There was a wonder- ful deception in a superficial knowleage of the Gos- pel, and in the third chapter the apostle arraigned oth the Jews and the Gentiles betore the judgment throne and showed that they were equally sinful. Miss Smiley related an incident which had o curred in England, Two men who had been play- mates in school met each other afterall these many years, one as criminal and the other Judge. The Judge sternly imposed the utmost sentence of the law upon him, but afterwards told bi tenderly that he (the Judge) would pay the enti fine, which saved the culprit trom perpetual im- prisonment, the sternest sentence and heaviest fine upon the sinner and paid it all Himseif. She thought it was the province of Christ to cleanse and to crown them, and not only to cover them with His white robe in order to hide their sins, There was an im- pression that sins against the law of God were not 80 severely punished as tne sins against human laws. This was a decided error, I those who broke the commands of Moses had to perish, how much greater would be the punishment of those who sinned against the Jaws of Jesus. It was ne- cessary to die unto the world in order to live with Jesus. Death was always the way to life. As far as she knew, there was nothing ip ner heart that she would not give up to Jesus. All that they required was to “reckon themselves to be alive.’ God would make this reckoning true, Surely the promises of Christ were as good as the ties themselves. Miss Smiley related, in a felicitous manner, her experiences with a converted Jew who could not understand that “promises could be as good as the things themse' It was neces- sary for them to understand and believe this and to “reckon themselves to be alive.” There had been considerable debate as to whether the seventh chapter referred to converted or uncon- verted people, and she gave lier views at length on this question ‘The audien Smiley's rem: THE RECENT CHURCH DEDICATIONS. A Remarkable Lamp at St. hurch, Staten Island. The ceremony of dedicating the Catholic churches, schools, asylums, &¢., of the ecclesiastical province of New York to the Sacred Heart of Jesus, last Mon- day, attracted special attention at St, Peter's church, New Brighton, Staten Island, of which Rey. }J. L. Conron is pastor, In the niche of the tabernacle, surruunded with wreaths of flowers, Was displayed alamp of unique design—the only one of the kind in tis country, The lamp is of Bohemian glass, formed in the shape of a heart, and set in the centre of @ fire gilt stand similar to that used for the miss: When lighted up the red hue is thrown out, producing a most imposing effect and realizing to the mind of the devout Christian the burning love of the heart of Christ for Mis people, This lamp Was brought irom Dub lin two months ago by the pastor of St. Peter's, who presented it to Sister Felix, of the Order of Ustened with attention to Miss 8 and seemed greatly pleased, Peter's I love my wife and my children, I love my master and will not go away, tien thou shalt bore his ear through with an awl and he shall serve forever.’ The Doctor said he would not go into | the character of the law of servitude, but $ and hardstips of life, the Doctor also } seven, but thousands on thousands of Umes; 01 the | ons Of one sort or anoiher—of | such grand spiritual height, descend to give such | It was thus with Jesus, who imposed | | bed again; witness and d | demurrer to the supple ; take place next Charity in that parish, to be used in the convent chapel at ali hours, ‘Ihe dedication services were conducted by the Key. Father Gordon, PERSECUTING THE SAINTS. - - The Cummins Churchmen in Chan- cery—Legal Procecdings Revived Against Bishop Cheney at Chicago. CurcaGo, Dec, 11, 187 The Reformed Episcopal Church, of which Rev. Charles Edward Cheney, rector of Christ cliurch, in this city, is to be be consecrated a bishop at the same Moment, in all probability, that the readers of the HERALD are perusing this leger, com claim resemblance to the original Church im the matter of early persecution. Before the new organiza- tion was formed the bishops of the old Courch fulminated their wrath and condemnation against its founders, Dr, Cheney, unquestionably tne second man of mark in its ranks, has been tor the past four years piagued and persecuted by the faithful with all the machinery of ecclesiastical power; so perseveringly, indeed, that it has seemed as if there would have been no objection on the part of his opponents, bad there been a been @ branch of the Holy Ofice in Chicago, to de, liver him over to the familiars and the faggots, ‘Though the wardens, vestrymen and congrega- tion of Christ church are so strongly aitached to Mr, Cheney, there are three members, known as “THE DAUNTLESS THREE,” who hold that the Bishop of Niinois is right; that the Cheneyites have no part nor lot in the prop- erty of Christ church, and that they—to wit, Messrs. Allen ©. Calkins, James 0, Cleveland and Henry F. Jameson—are the real congregation and entitled to control the ure of the church edifice, It is in thetr name that proceedings have been in- stituted in the Chancery Court of this. State | against the contumacious Cheney, though the real plaintiffs are the ecclesiastical authorities of the diocese. AS soon, therelore, a8 tue news reached them that Dr. Cheney was to be consecrated Bishop, and that ms congregation was certain to follow him out of the Protestant Episcopal jold into the Reformed Courch, they took a new step in the apparently interminable ‘case. Yesterday Mr. 5. Corning Judd, Chancellor of the diocese, filed a supplemen bill in Chancery belore Judge Wil- liams, the essential part of which 1s as toliows That since the degradation of the defendant from the ministry and since the ling of the original bill ot com- plaint since the last term ot the Court, the defend- ant has openly and publicly abandoned the Pro Episcoj al Church in the United States of America, and renounced his conneetion therewith and his subordina- tion and alle rship of with four ot hitherto been has also, under n connection nee thereto, and D.C « rom the ministry Protestant Episcop h, towether with some 1s laymen (all enemies of thé said Protestant Epis- eopal Church and its doctrines, discipline and worship). taken part im the organization of # ne on, )position and antagonistic to t iscopal Chu en and is by them named and called the ed Episcopal Church.” and to which sect or pretended church (hus ied, named and called, said Cheney has hitherto dectared his adherence. And. yet, nevertheless, your orators show that said Charles Edward Cheney intends io continue to exercise the pretended tunctions of his pretended mimistry in the church edifice mentioned in the suid original bill filed in this cause, and intends to con- lnue to oceupy the rectory or parsonage in said original bill also mentioned. The complainants claim that this conduct is flle- gal and notin equity, and pray for the usualaction oi the Court. The bill was prepared quietiy and filed without notice to Dr. Cheney’s counsel, But they ated that the BISHOP WOULD SPRING A TRAP and so Were on the ch, and, almost as soon as 1e tue bill ¥ ed tn court und moved to 8 having been filed without leave, the rules of practice. Mr. M. W, Fuller contended that though tue facts charg were in One sense new, having been discovered since the filing of the original bill, they were not legally sutticieut to be embodied in the proceed- ings now belore the Court, To introduce them the plaintiffs should withdraw the original bill aud commence a new suit. Aiter some discussion it was agreed to enter a ental bill, argument to Week, This is vided viclory for Chenu who deciare was not un- prepared for the Bishop's action, which was signed to secure an injunction to p consecration from taking place in the chnren building. The consecration will assuredly take place on Sunday, as hus already been announced, und the only effect of tiis new phase of the Cheney suit will be to increase the bitterness between the two secis, THE CLINTON PLACE MALEPRACTICE CASE. ad Coroner Keenan Makes an Investiga- tion—Several Witnesses Examined— Absence of Important Witnesses, At eleven o’clock yesterday morning quite a number of persons collected at the Coroners’ Oi- fice in Houston street to watch the proceedings in the case of Miss Dora B. Bolan, the young woman who died at No, 56 Clinton place under circum- stances Indicating that she was a victim of crimi- nal quackery. Dr Pape, who attended deceasea in her last ulness; Dr. Kammerer, called in as consulting physician, and Miss Healy, a roommate and friend of deceased, were in court; but one Yates, said to have been the special triend of Miss Bolan, was absent, and tt 1s said he has gone South for atime, As faras the case was developed the testimony did not show whether the malepractice was performed by Dr. Pape or some one else, and several Witnesses who gave testimony seemed not to know as much about the case as was expected ofthem. Beiqw wili be found the main points of the evidence :— John Bolan, uncie of deceased, living in Hudson Street, deposed that she had been employed as saleswoman for Mr. Coiby, in Fourteenth street; learned of her death on Friday, 5th inst., and went to No. 56 Clinton place and saw the body, but could learn little or nothing concerning the man- ner of her death; then learned that there was a Miss Healy, who had attended’ deceased, could tell him something satisiactory; found her at Dr. Colby’s, aud Was told by both Miss Healy and Mrs. Colby that deceased died irom inflammation of the bowels; did not then hear that deceased had had a@ miscarriage; was toid in the house that Dr. Colby Was going to deiray all the funeral expenses and would bury her in tis plot of ground; went the next day to attend the funeral, and as there was some delay made inquiry as to the cause; Was told there was some informaiity in making out the certificate, but tnat it would be all rigutdirectly; aiter the post-mortem examina- tion thé Witness accused Dr. Colby of knowing something about it as he had attended her during her illness, but he denied it; asked Dr, Colby uf deceased had been keeping company with any one, and he said, “Yes; a Mr. Yates had been keep- ing company with her; witness then intimated | to Yates that he should hola him as the gulity party; Yates was very much excited and was in- disposed to talk, saying he did not have time to talk then; Dr. Colby said that he had bis sus- picions excited about the case two or three days | previous to her death on account of Miss Heay coming over to his house lor clean sheets; that she was greatly excited, and said she was a 1 Miss Bolan wold flood to deatn on account of an opera- tion, Anna Manning, a colored washerwoman, de- posed that she was calied to attend deceased on fuanksgiving Day, and waited upon her at inter- vals for several days; the Witness was taken sick hersell, and did not see her alive again; saw Mr. Yates and Dr. Pape in deceased’s room; the Doc- tor was there once or twice a day, and gave the witness instructions what todo to deceased; Dr. Pape did not engage or pay deceased; never saw Dr, Pape till seeing him in the house. Emeline A. Healy, a tail, good looking woman, living at No. 326 Garden street, Hoboken, testified that she Was acquainted with deceased boarded together ior more than a 3 Bolan did not enjoy very good deceased was in the country, and when she returned she was sick; she went to see a doctor in Second avenue; this was in Uc- tober; the witness and deceased boarded together at 56 Clinton place; deceased was taken down sick just before Thanksgiving Day, and never got out of ceased occupied the same bed; Witness sometimes slept on the outside of the bed; did not know thal deceased had had a child; saw Dr, Pape in deceased’s room on Thanks- iving might; think Dr. Pape had seen deceased efore that; she told the witness chat she had sent tor Dr. Pape; the Doctor for the last two or thr days previous to her death came twice a day; Mr. Yates used to cal! almost every eveniug to see and inquire about Miss Bolan; some lady customer who came in the store recommended her what cuctor to go to. . Charles Kaemmerer, M. D., of No. 224 West Twenty-second sireet, deposed that he is ac- quainted with Dr. Pape, but never practised with him, except in one instance; have heard that the certificates of Dr. Pape were closely scrutinized at the Board of Health; Dr, Nagle told the witness that Dr. Pape had the reputation of being an avor- st; On the 3d inst. was called to see deceased at No. 56 Clinton place, and found Dr. Pape there; the doctor said he wanted to consult with him avout deceased; asked Dr. Pape if everything was ail right, and he said there was nothing the mat- ter; thought the patient was suffering from gastro- enteritis; saw her three times in aH, the last time on the day of her death; thought on the first visit that deceased had symptoms of peritonitis, and think that wus the cause of death; the Witness did not think that in signing the ruficate he was covering up an abortion; Dr. Pape told the witness tnat the Health Board required consulting physt- clans to sign certificates, In consequence ot the absehce of witnesses of importance Coroner Keenan adjourned the investi- [spe till Wednesday next, One of the witnesses a8 gone South and a woman supposed to possess Lod tage information could note found by the pOLCes | AiD FOR THE POOR AND NEEDY. ee Sas What the Great Heart of the Metropo- lis Is Giving Forth—The Needy Help- ing the More Needy. The general public movement in aid of the poor and distressed people of the metropolis appears to be extending in @ manner well worthy of the city, and will doubtless prove of very substantial bene- fit during the cofning months of winter, Many of these distinct charitable measures have been al- veady noticed in the HERALD, but almost every day sees the development of new branches, the exten- sion of existing ones, or some new details or efforts connected with them. In these ways, theretore, the response seems as though it will, judging from the many endeavors not yet completed, almost meet the full demands of the worthy poor, Who so much need assistance’ Fairs, lectures, private associa- | tions, and even public corporations, are being formed with a view to ameliorating their necessi- ues, and even the municipal bodies have been making strenuous exertions to contribute their sare Of the ald needed by the augmentation of the poorer classes, The Bureau of Charities, organized a few days since in the character ot a sort of clearing house ior charitable institutions, is one of the new deve!- opments of he existing situation, and will unques- tionably not only facilitate the business of the va- rious societies, institutions and rele! associations, but will materially aid those who need charity or help by directing them how and where to obtain it. Iv is very likely that this bureau will do much toward reducing the amount of pauper itineracy that at present is a much to be deplored nuisance. The Swepherd’s Fold, an institution under the auspices of the Protestant Episcopal Church of this State, will be the beneficiary in an entertain- Mentto be given at the Academy Of Music on ursday evening, January 29. ‘There will be a aud ainateur dramatic éntertainment and music by the new band of the Twenty-seeond regiment, under Gilmore, This institution 18 a nobie one. having Jor its object the care of the children of the needy, A lecture on “Edmund Burke” on Tuesday evening next, at Theatre, by Rictard ( uspl of the Catholic Union Cirele of St. Vin- cent Ferrer’ ‘The proceeds of the entertainment will be devoted to tie benefit of the poor of that Darian and the receipts should be made worthy of ne ¢ for Belriending Children and Young Girls, now in progress at Republican Hull, corner ot Broadway aud Twenty-tuird street, will close to-morrow evening, and the occasion will prove as attractive and entertaining as the object is truly commend- able. The institution is at present located at Nos. 245 and 247 ist Thirteenth street. At the fair there is a large and extremely varied collection of objects OL art and vertu and articles of utility and ornament, in addition there are other atira in the way of music and addresses ence of a band of noble hearted wome atruly herolé work and discharging their duties with true zeal and courtesy. On the 17th and 18th 0: December (Wednesday and Thursday next) there is to be a fair at the Mis- sion chapel, No. 63 Second street, which will prov worthy o! notice and patronage. The young peo- ple of the Benevolent and Christian Association of that chapel have undertaken to do their shure to- wards relieving those suffering through these hard times. Deit German fingers have knit many a warm garment, poor sewing girls have stitched an hour later and mechanics saved their wages or worked overnours to pile the tables of the tar. Donations have come In from country and city, consisting of nearly everything, fromi sewing machines to cheap toys, from flour and tea to country turkeys, and Steinway has lenta grand plano for tne occasion. Those who Want cheap pur- chases will find them; those who want a good time and some good hot or cold refresiments will not be disappointe d, best of ail, by tue article sold, by the procee tributed and by the self. help and self-sacrifice excited, the cause of true charity will be advanced, The fair will be open from half-past tweive to ten o'clock P. M. A Lodging House for Cierks Out of Em- ployment, The Commissioners of Charities and Correction have turned over to the Howard Relief Committee the old police station nouse 49 Leonard street, for a lodging house jor the poor young men out of em- ployment, who have no home to go to in the city. The Commissioners of Charities find the coal and gas for heating and lighting only, and the Cor mitteee of Reliet appeal to the pubic for straw beds and pillows, blankets, pails, brooms, mops and any kind of ood that they can spare trom their houses, for those who may come to the house hungry. Aby money cau be sent io Hatch & Foot bankers, No, 12 Wall street, who are the treasurers Jor the lodging house. Lodgings for Homeless, Respectable Men. To THE EpiToR OF THE HERALD :— Inotice that among the number of charitable institations cared for by the Board of Apportion- ment they have overiooked one very important and worthy one—the Lodgings for Homeless, Re- spectable Men, an institution created last winter by subscription, through the indefatigable exer- tions of the B John Dooly, of Carmel chapel, No. 134 Bowery. There 1s, in my opinion, no institu- tion in this or any otner city where so much real good and positive reformation ts realized as in the above, a model for every city im the Union to profit by. It any member of that Board will take the trouble to cal! in at No, 185 Spring street and see those lodgings he cannet help beang convinced of the necessity of encouraging the same. J.S. W. BURGLAR ARRESTED. Charles Hebbs, alias “The Captain of the Gang,” was arrested yesterday by Detective Elder on a charge of having, in company with five other men, broken into a house in Catskill and stolen a large quantity of money, bonds and silver ware. Cap- tain Irving received notice of the case by the po- lice of the local city, and he detailed Detective Elder to look after the matter. X masked men broke into the house ot . Abram Post, in Gurbogeht, three miles from Catskill, on Friday night’ October 17, and bound ’ and gagged the inmates and then robbed the piace of all they could lay their hands on, The remaining five are still at large, but Captain Irving has de. tailed officers to look after them. This style of robbery has become quite frequent recently, and the police will do well to age? a good lookout for the gentlemen in the city. It is said thieves are leaving town in batches of five and six every night to work in the suburbs and bring back vhe spoil. Now that the “cops” have no gambling houses to take up their attention they can keep aneye on the thieves. BURGLARS AND THIEVES IN NEWARK. The smoothing tron factory of Messrs. Bless & Drake, on Railroad avenue, Newark, was entered by burglars on friday night and robbed of cash and checks to the value of about $400, The safe was blown open, As the checks were worthless to the robbers, the latter made but slight success financially. Noarrests have been made. Yesterday, two young men, giving their names and addre: as George Merritt, of Arch street, Phijadelphia, Thomas Moran, O! the same city, were arrest Newark on suspicion gf having stolen some $2,000 worth of milinery goods, which they had oifered for sale at a commission store on the preceding day, They pretended thatthe goods belonged to the widow of a man who had gene down on the Ville du Havre anc that they were striving to as- sist her. The belief is that their strivings wil re- suit in their being sent towards Philadelphia, as jar as Trenton, at the State expense. THE ERNST MORITZ ARNDT. The New York agents of the steamship Ernst Moritz Arndt were called upon yesterday bya HERALD reporter in quest of information regarding the ship, which is reported as being ashore on the isiand of Seeland, near Elsinore, in a very leaky condition, The agents state that they have re- ceived no information of the Fessel except that published in the morning papers and furnished to them by the Associated Press, The following is the list Of passengers, irom whom no news has yet. been heard:—For Copenhagen—Francis Kennebal. For Stettin—-David Tilton, Steerage—For Copen- hagen—M. Hendricksen, J, Offersen, A. Dressler, J. Hausen, 8. B, Larson, C. H. Swanssen, Swan Peter- sen, Charles Petersen, Augustus Swanssen, wife and child; Johu Strémberg, c. E, Engwall, Charles Mfiller, For Stettin—s. Glaser, J. Glaser, Albert Benz, Car] Fisher, —— Buchhoitze, B, Jahnke, Ru- dolph Schipper. Previous to December 12, the day on which the Arndt went ashore, she landed part of her cargo, which consisted chiefly of provisions, at Havre, CENTRAL PARK METEOROLOGICAL DEPART- MENT, Abstract of Report of the Week Ending atl P. M, December 13, 1873. Barometer—Mean, 30,079 inches; maximum at 9 A. M., December 8, 30.563 inches; minimum at 1 P. M., December 13, 29,341 inches; Range, 1.222 athert ximum at lermometer—Mean, 41.3 degrees; ma: 1P. M., December 12, 61 Nlonece, minunara atTA. M., December 7, 25 degrees; range, 56 degrees, Remarks.—Décember §, rain from 10 P. M. to 12 P. M., amount of water, .v4 inch; December 9, rain from 0 hour A. M, to 6:15 A. M., amount of water, +10 inch} December 11, rain from 0:030 P. M. to :30 P, M., amount of water, .01 inch ; December 12, rain from 9:40 P. M. to 10 P. M., amount of water, .02 inch; December 13, rain from 4:15 A. M. to1lP, M., amount of water, .19 inch; total amount of 36 water for wee! 7 THE LABOR CRISIS. Good News for the Workingmen at Last—Im- portant Official Statements—Permanent Employment To Be Given to Honest Laborers at Once. By three o’clock to-morrow afternoon an im- mense batch of ordinances will have passed both branches of the Common vouncil which will involve the employment of thousands of men, who are at present out of work and who are to be seen daily slouching in an aimless way about the corridors of the City Hall and the County Court House, on im- provements on streets and avenues under the De- partment of Public Works, Since the prevailing distress commenced the honest workingmen have been unable to obtain permanent employment enough to keep the wolf from the door during the coming winter months until the present time, and the Common Council deserve @ good deal of credit for the manner in which they have brought this about, all the assertions of the loud-mouthed gasometers who exploded at the Cooper Institute on Thursday night to the contrary. If there be any who doubt that the utterances of the Diatant communistic place hunters have fallen flat, and that the period of distress for the honest laborer is almost at an end—and would have been partially before now but for Comptroller Green, whe has thrown every ebstacie In the way of the carrying out of improvements already ordered by the Com- mon Couneii—they must be disabused of their false impressiou by the following interesting facts cole lated by a HERALD reporter yesterday :— A PERTINENT QUESTION. At the meeting of the Board of Aldermen held on Thursday last a resolution offered by Alderman Monheimer was adopted, “that the Commissioner of Public Works be requested to inform the Board why it was that he had not yet commenced the public improvements on streets and avenues for which ordinances had been passed by the Common Council, which were duly signed by the Mayor and placed in his hands some time since, and by which a large force of laborers could now oe employed,’” A HERALD reporter called at the Department of Public Works yesterday, and, in the absence of Commissioner Van Nort, Deputy Commissioner Barker informed him that his chief had prepared an answer to this question of the Board of Alder- men, Which would be submitted at the next meet- ing, during the coming week. “May I ask what is the purport of the communi- cation #? asked the reporter. The Deputy Commissioner, in reply, gave the fol- lowing lucid explanation :— COMPTROLLER GREEN CONVICTED, “You see certain work, which was to be let out in contracts, has been ordered by the corporation, The law said that the bids for these contracts should be opened by the Commissioner of Public Works and the Comptroller, The latter oficial did not come to sg the bids opened, though repeat edly requested to do so. Finally the Com- missioner was obliged to open the bids himself, They were accepted and the sureties of the contracting parties sent to the Comptroller's office to be approved of. Then came this pressure of the unemployed workingmen, and the Comp- troller began to sign some of them by degrees, To every one who went to him on the subject he said that he was examining and signing them. Now he has sent to this department the contracts for “curved gutter, paving and flagging.’? These con- tracts are only for comparatively insignificant amounts, and range only from $1,500 to $2,500, and would of course Involve only the employment of few men. On the other hand the contracts for grading and rock excavations, which cover from $10,000 to $75,000, and which would necessitate the employmeut of hundreds of laborers, have not been touched by the Comptroller yet, or at least We have not received them, OFFICIAL INGENUITY TO STOP WORK. “Now, mark you, the Comptrotier has sent some of the contracts to the Commissioner of Public Works, signed, but only for those improvements which the law distinctly and positively says shall not be commenced aiter the 15th of November, nor before the 15th of April, such as paving, curved gutters and flagging, so that you see the Commis- sioner 18 powerless to order those contracts which 2 neh. Distance travelled by the wind during the week, 968 miles 4 passed both branches of the Common Council and were regularly signed by the Mayor weeks and weeks ago, This is the answer of the Commis- sioner 01 Public Works to the Board of Aldermen on this subject. It is understood that the resolu- tion was introduced with the object of letting the public know how the matter really stood at the next meeting of the Board, The Commissioner wishes ae to make a plain statement in answer to an official request, and iet the Comptroller ex- plain if he can,’” w, Mr. Barker, I wish to ask you if the Board of Assistant Aldermen should pass an immense batch of ordinances on Monday, and order the let- ting out of the work by the day to laborers, will the Commissioner of Public Works act on them at once?” “Most assuredly, if they be signed by the Mayor the men will be set to work at once. You see the Board of Aldermen have already passed these ordi- nances, and if they are passed by the other Board on Monday and signed by the Mayor you can salely say that the Commissioner of Public Works will take ou the laborers and Comptroller Green dare not refuse to pay them their wages, By the way, Mayor Havemeyer has now in his possession some ordinances lor public improvements which have passed both branches of the Common Council which he has not yet signed. If these were handed over to the Commissioner of Public Works a large number of laborers could be set to work at once.’? “L understand there is an impression prevauing * among the members of the Board of Assistant Al- dermen that they have no power to order the let- ting out of work by the day beyond $1,000, and that that may unfortunately occasion some delay in passing the jarge ordinances on Monday.” “That is erroneous, The Common Council have the power to order the letting out of public works by the day to any amount. The law only says that the Commissioner of Public Works shal! not make purchases to the amount of more than $1,000 without the authorization of the Common Council. Let them pass the ordinances and the Commis- sioner of Public Works wili employ the men.’? GOOD NEWS TO-MORROW. The reporter then called at the ofice of the Clerk to the Board of Assistant Aldermen and jearned that there are 83 genera: orders to be passed upon by the Board at the meeting ou Monday, and that most of these ordinances are for the regulating, paving and grading of streets, which will involve the employment o! an immense number of men, who will be put to work at once, according to the statement of the Commissioner of Public Wor! The other ordinances are for the fencing in of vacant lots, putting down of street crossing pavements and laying of gas mains. One ol the largest ordinan which will necessitate the employment of hundreds of laborers, is lor regulat- ing, paving and grading all the streets and ave nues in the neighvorhood of Morning Side Park, from 110th street to and including 122d street. Another heavy ordinance is that which provides Jor the regulating, paving and grading of the new avenue intermediate to Kighth and Ninth avenues from 100th to 110th street, and all the crossin streets within that distance from Eighth to yinth avenue. A WISE PRECAUTION, Assistant Alderman Healy sabsequently informed the reporter that it was the intention of the Board to pass all these ordinances to-morrow, and another that no one be employed on a public work who has not been a bona fide resident of the city of New York for the last six months, and that the Comptroller be authorized to retuse payment to any one who cannot offer indubitable proof of this. “MUM IS THE WORD.” The reporter finaily called on Comptroller Green, to find out what he was going to do about the ordinances if they Were passed, and whether he would Rey, the laboring mien employed by Commis- sioner Van Nort, After stating we object of his visit, the Comptroller said :— 7 “L have pot seen the ordinance “Will you pay the men if they are employed, Mr. Comptroller 3?” “L do not speak,” said Mr. Green, and the ree rt ft. Drechunanoes: which will come up before the Board of Assistant Aldermen to-morrow, have lain over for the additional five days before their final passage, in hott Boards, as required by the terms Ol the charter, and thero is no technicality which can now prevent their adoption, The Labor Question—fuggestions from Mechanic, To THE EpITOR OF THE HERALD Having of late read a great deal about the many thousands of idle mechanics and others who are very clamorous against all moneyed corporations or firms, I would ask who is to blame for all this? Are not they, the artisans themselves, having in the lag’ few years, by their numerous society s@ikes, driven the capital which was being em- ployed to give them work away from their doors to seek other investments where there was some certainty of hours and rates to be paid? Not less than 5,000 buildings were stopped lastspring by their contemplated strikes. Iam a mechanic my- self, and have always held myself aloof from strikes, stadying my employer's as well See oe interest. By 80 doing I have had plenty of work and good wages, and 1 may here venture to rAd many thousands of those now cl me- chanics, could have had work ali this it not for their own abnsive conduet. Al