The New York Herald Newspaper, December 21, 1873, Page 10

10 THE COURTS. Ex-City Chamberlain Platt’s Estate—Sheriff Brennan’s Bill—Important Lunacy Case— Repairs of City Piers—Books of favings Banks—The City and Its Officers. In the United States District Court, yesterday, before Judge Blatchford, the matter of the petition of Alonzo R. Morgan vs, Howes & Macey, bankers, was called up for consideration, The petition peeks to have the defendants adjudged involuntary bankrupts, Counsel were present on behalf of defendants, but made no answer, An order In accordance with the prayer of the petition was issued, In the matter of the Market Savings Bank coun- sel moved, before Judge Blatchford, on the part of J. Carpentier, for an order permitting him to enter proof of his demand against the bank. Decision reserved, SUPREME COURT—CHAMBERS, Central Branch Union Pacific Railroad. Before Judge Daniels. On motion of counsel for Mr. Samuel L. Tredwell an order was granted sterday in this Court ap- Pointing a referee to take the afidavits of a num- ber of persons to be read on the hearing of the motion for appointment of a receiver in the matter of the Centra: Branch of the Union Vacillc Kailroad, As a necessity lor a speedy granting of tb ‘de it was stated that Mr. Tredwell had been i ington, making arrangements for a Congressional eXamiuation into the alairs of this road. Sheriff Brennan’s Little Bill, The legal controversy, growing out of the refusal ofthe County Auditor vo audit the bill of Shertit Brennan for the first three quarters of last year, amounting to $52,000, gives promise of an ntermin- able one. Mr. Curtis, who appears for the Comp- troller, endeavored again to bring the case to an argument yesterday upon the application for a mandamus, but Messrs. West and Strahan, counsel for the Sheriff, managed to get it postponed till to-morrow, It is said that when the case is fully ventilated some queerly interesting facts will be developed. Decisions. By Judge Ingraham, Lee vs. Bowling Green Savings Bank, Pentz vs, Hughes, Williams vs, Williams, Chetwood vs, Chet- ‘wood.—Mottons granted. Rawson ys. Harding.—Memorandum. Bourgoise vs. Courcher.—Motion granted, with , Robinson.—Dismissed. Mitchell ys, Burns.—Motion denied, SUPREME COUAI—SPECIAL TERM. Decisions. By Judge Freedman, Hodges et al.—Order for judgment to compute damage: Benner vs. Canfield et deference erdered, Order to be settled on one day’s not! Goldstein vs. Perry. National Bank National Me- chanics’ Banking A on and Another ‘vs. Oppentieim.—Orders for judgments of aitirm- ance on remitittur. Roberts Jounson et a.—Order overruling de- murrer, &c. Cornell yi and reieren * By Judge Van Vorst. Meeks, Receiver, vs. Gale and Another.—Judg- went lor plaintifl. ’ See opinion. hi aad | SUPGEKE COURT. | The Petition for the Writ de Lunatico | Inquirendo in the Case of George Harrison. Before a Sheriff's Jv In this case, the particulars of which have been Feported in the HERALD, the Sheriffs jury have ound a verdict against granting the petition, much to the pleasure of Mr. Harrison's many driends. Mr. Harrison hopes that he may now be permitted to continue in control of the large Property which he spent so many years of arduous exertion in acquiring, and believes that should he continue to share ‘hospitalities with cherished friends he will be able to do so without at ali en- | angering the safety of that which gives his | @Mephews and nieces so great a concern, SUPREME COURT—CERERAL TERM. The Property of Ex-City Chamberiain Platt. Betore Judges Ingraham, Brady and Barrett. Executors of Nathan ©. Platt vs. George W. | Piatt.—Judgment in nis action was rendered at | having committed the burglary. | case. | Taignment it was ascertained that Officer Sisson h | from Haas to produce evidence that a burglary had Special Term, by Judge Fancher, in tavor of the Plaintiff, in March last. The General Term have affirmed this judgment, and denied tie detendant’s motion for a new trial on the decision, under the 268th section of the Code. The coptuion of the Gen- eral Term is written by Judge Barrett, Judges In- graham and Brady concurring. The facts of the | €ase, in briel, are that in 1860 and 1861, while | Nathan C. Platt, who had been City Chambe and President of tue Artisan’s Hank, was in de: ing health and of weak mental condition, | Benlor brother and partner, George W, Platt, conceived the scheme of depriving him of all ns | roperty without paying one dollar furit. By undue | Influence, by the domination natural to an elder brother and partner, by entries and balances im the partnership oooks, by inducements and coercion at the last moment he procured the con- veyance of many parcels of valuable real estate and all his share in the partuership property. Nathan ©. Platt died in 1863 and shortly afterwards hig executors commenced this action to set aside the conveyances and recover back all this prop- erty. The amount involved ry large. The opinion of Judge Barrett examines carefully the evidence in detail and the rules of law applicable to cases of undue influence, an neludes that “in the present case our minds that the judgment of the Special a was just and righteous aud t Uto be sustained.’ James Emott and W artin for plaintiff, Ham 5. P. Nash for defendant. COURT OF COMMON PLEAS.—TRIAL TERM—PART 2. Verdict for the City im an Important Suit. Refore Judge Larremore, Allen R. Seaman ys, the or.—This action was brought by the platatif, the owner of ihe propeller Samuel Stanton, against the corporation to recover damages which he sustained by reason of the negligence of the defendants in permitting certain spiles, Which were appurtenant to pier 46 North River, to become de fall into such a position under the wi Plaintif’s vessel, when passing by, 1864, the struck upon it was tied and Mr. Trull, the jury awarded ¢ It Was then apper, Court, and a new trial ordered on the error in the Judge's charge, Judge the Commen Pleas, writing an et inion, The case now comes up in this Court a second time. The testimony on the former trial, taken in 1864, ‘was read by the oficial stenograpter, Joseph Lt Biundeli, from which it appeared that the corpora- tion had’ leased the pier in question to a Mr. Da- thon, who had leased it to the New York St Company, and that the company had pla #plles at the end of the pier to act as fenders to protect their vessels; that, through accident, the Spiles nad fallen in the water, Jt Was aiso proved that the corporation, at the time of the accident, ‘were repairing the pier. Mr, ‘Tru! eptember, visible, The case Hackett city, when uinst the city, erm of Ue ground of ady, then of obstruction and yeurs repr was enting the damages a to the Gener with Mr. suussal of the com on the grou the corporation had no of the obstr n} that to re rporati Habie it should be show had not either express or im ; also on the ground that the corporation, having ‘leased this pier under | covenant that the lessee should keep ft in repair, that the corporation was not responsible, Judge Larremore denied the motion to dismiss, the city, m and charged the jury at great lengta on the duty of the corporation to keep the streets and piers of the city free trom all obstructions, and to the jury the question as to whether the les corporation had charge and control of the pier at the time of the accident, The jury found or ae- dendants. . Edwards and Odell for plaintiff. Loss of Savings Banks Books. Daniel Shea vs. The Citizens’ Savings Bank.—In 1864 the pluintif, who was then 17 years of age, enlisted in the United States Navy, receiving a bounty of $300, He deposited $250 with defend. ants, receiving a bank book. He was then drafted trom the North Carolina to the Minnesota, lying at Hampton Roads, and while being transferred from the tug to that versel with other sailors his bag, containing the book was lost. Plaintif! was all through the naval enga nents ‘ticipated in by the Minnesota, and has visited Ghina and Japan, and returns to claim the money deposited with the bank. The defence was that the money was paid on drafts bearing the plaintif’s signature, and, also, that the book wasdeliveret up to the bank by the party receiving the money. The bank claimed that the production of the book by them Yelleved them from further ge oy 5 Judge Larremore charged the jury that the by- Jaws of savings and other banks must be reason. fable; they must not be unreasonable, and whilst or the | and lyi ‘they have @ perfect right to insist upon the pro- @uction of the pank book when payments or dratts Were made, yet where jt becomes an impossibility A produce that hoog, wad thay Sue loss J8 Ocgar NEW YORK HERALD, 5 stoned not by the wilful act of the plainti™@ himse!t, then the law steps in and relieves the party from complying with the contract with the bank. Tnat was his charge upon the by-laws of this institution, There was no dispute as to the fact that the book was lost by plamtif, and, such being the case, the party, not being in possession of it and not being able to produce it, he woula be relieved, after proving the loss, from its production, His Honor also leit it to the jury to say whether the plaintit had signed the drafts produced by the bank, or had any complicity with the party drawing the money and delivering up the book. ‘The jury found a yer- dict tor plaintif, with interest, $350, The City Liable for Services of OMicer Until He Is Removed. John Ford was the first Assistant Clerk of the Board of Aldermen of this city, at a salary of $3,500 per year, from June 1, 1870, until the 16th of Janu- ary, 1872. On the Ist of January, 1872, the terms of office of the members of the old Board expired and the reform Board took their seats. The Comp- troller refused to pay Ford his salary for the 16 days from the Ist to the 16th of January, 1872, claiming that Ford's office terminated with that of the Board that appotuted him. Mr. Ford, through his counsel, brought suit against the city for the ex- tra 16 days’ service. A motion was made by Ford's counsel for judgment on the pleadings. Ford's dis- charge, dated luth January, 1872, Was produced, and counsel claimed that under the provisions of the Revtsed Statutes public officers held their posi- tions until discharged or their successors were ap- pointed and that corporations Were liable for se vices of ofticer until they give notice of his r mo Judgment was ordered for the plaintu?l ac- cordingly. All the clerks of the old Board have simdar claims that will be collected under this Judgment, COURT OF COMMON PLEAS—SPECIAL TERM, Decisions. By Judge Loew. Kelsey vs. Kelsey; The People, &c. vs., Cairns,— See meuoranda. Post Vs. Post, lotion grapted, Platt Platt.—The plainti’ must serve his pro- posed amendments as required by rule 41. TOMBS POLICE COURT. A Curiously Complicated C Before Judge Bixby. Two men, named Emil Haas and William Car- rera, Were arraigned before Judge Bixby yester- | day on a charge of conspuacy. Up to the Ist of | May, 1873, Emil Haas and Solomon Simpson were engaged in the liquor business at 19 South William Street, Simpson had merely a slight interest and a percentage in the profits of the business, They dissolved partnership in May and a lawsuit subsequently arose between them, Haas charging Simpson with embezzlement, and he was arraigned before Judge Larremore in the Court of Common Pleas, On motion of his counsel, Charles W. Brooke, the order of arrest against Solomon Simpson was vacated and he was allowed to go on his own | recognizance. The matter was placed in the hands of a referee and the case made returnable on Mon- day next, the 22d inst. all these transactions took . p ow Emil Haas alleges that his place of business, No. 19 Soutn William street, was broken open on the 18th of August, and the papers in connection with the case which were in the safe were abstracted, itis alleged that Haas then accused Solomon Simpson aud his brother, George L Simpson, of mesa ino coming known to the counsel, he empl ander Sisson, @ private detective, to work up the Detective Sisson ascertained that Hi was expecting a relative from Europe, He procured a {| description of the expected relative and disguised himself in the attire of an English gentleman. He | actually ingratiated himself into the confdence of Haas, who acknowledged him asa bond Jide relative. The officer, from facts gained under this connec- tion, procured a warrant for the arrest of Haas and amannamed William Carrera, They were ar- rested yesterday alternuon and brought beiore Judge Bixby. The charge was criminal conspiracy, and on ar- succeeded in obtaining the affidavits of one | rederick Baylis and a person pamed Miller, who Was in Haas’ employ as porter. They testified that they had been employed by Carrera to swear that the Simpson Brothers had cammitted the bur- giary and had taken the papers from the safe, and iurthermore said that Carrera was to receive 500 been committed. The Simpsons maintain taat no burglary was committed, and that the assertion 1s made by Haas merely because he is afraid to pro- duce the books and papers connected with the civil suit, Which will be tried next Monday. Ha: on the other hand, alleges that it isa conspiracy on the part of the Simpsons, to prevent him from appearing against them. Both parties demanded ah examination, and Judge Bixby set it down for next Monday. Haas was allowed to go on his own Teceucnines and Carrera was held in deiault of ail. ESSEX MARKET POLICE COURT. | Three River Thieves Captured, Before Justice Flammer. Samuel McKrahan, John Gallagher and Thomas Bonner, three unpleasant looking customers, were committed in default of $1,000 ball, by Justice Flammer yesterday, on @ charge of grand larceny. They belong to tl rraternity of thieves known as “litte dock rats.” On Friday evening an ove and several other articles of wearing a belonging toGeorge W. Brink, were left by the cabinof the tug boat bearing his ying at the foot of North River. prisoner: the “cops.” There was $57 in money in the pocket of the coat, and the pawn tickets for the stolen property were found on the prisoners when ar- rested, name Fourteenth street, The cabin was entered by one of the while the cther two kept a lookout for A Burglar On His Travels. John Gallagher, a wretched-looking apology for a man, was caught by Officer O’Neill in the store of R. L, Johnson, No, 205 East Twenty-seventh street, just in the act of helping himself to several pistols, knives and other articles. He forced open the cel- lar door and thus effected an entrance. Justice Flammer committed him for trial in default of $1,000 vail. BROOKLYN COURTS. chiY COURT. Damages for a Broken Leg. Before Judge McCue. Ann Withers brought suit against J. F. & J. L. Healey for $5,000 damages for the breaking of one of her legs by failing over some planks in front of defendants’ foundry, in the Eastera District. The actident occurred nearly tiree years ago, since Which time the parties have endeavored to com- promise but failed, The jury gave plaintit’ $300 damages. SURROGATE’S COURT. The Basiness of Last Week. | what I was rapping for. Beiore Surrogate Veeder. | Last week the wills of the following named de- | ceased persons were admitted to proba ‘red: | erick B. Mill, of t own of New Lots; Frederick | Wersebe, Jacob Kransz, Marsena A, Nathan, Betsey | Ogilvie, Horace D. Wade, Daniel W. Kissam and Joseph Nichols, all of the city o1 Brookiyn. Letters of administration were granted in the estates of the following name eased persons, viz.:—James Cunningham, James B, Littell, Eli- halet P. Wilson, Eliza Armstrong, John Osmers, Zien Muiligan (tormerly Ellen Daily), William § Mason, Christopher McCormick, Mary Urge Marena A, Nathan, Mary L. Hegeman, Hugh Kells Wililam 5. Lawrence, Mary McDade, Jaines Hen- ning, George A. Kaunzler and P. J. or Patrick or Patrick J. Swift, all of the city of Brooklyn. Letters of guardianstip of the estate of Ellen B. Briggs were anted to Darwin RK. James; of kd- ward B. Holloway, Louis H. Holloway, Louisa ©. Holle y and Sarah S$. Holloway, to Frederick Klinck; of Dorothea Smith, Caroline 8, Smith and Georgia M. Smith, to Mary Jane Smith, their mother, all of the city of Brooklyn. UNITED STATES SUPREME COURT. asin WasntnoTon, Dee. 20, 1873. . United States vs, Alexander Caldwell, and 638, a cross’ appeal—Appeals from the Court of | Ciaims—Submitted under the twentieth rule,—The claimant executed a contract with the Quarter- master’s Department in March, 1866, for the trans- portation of military stores and supplies for 1866 from forts Leavenworth, Kearney, Sedgwick, Lara- mie and other posts on the west bank of the Mis- souri Kiver, north of Leavenworth and south of latitude 42 north, to such posts and departments as were or might be established in Colorado, north | of 40 degrees north, at Denver City and in Ne- braska, Dakota, Idaho and Utah, the contract pro- viding that he should have all the transportation not exceeding 10,000,000 pounds, Having provided himseif with the necessary means of transporta- tion, he alleges that the contract was disregarded by the department after he nad carried about 200,000 pounds, and the business was given to others, The damages claimed were losses sus- tained by being deprived of the protits of the con- tract and by the preparations made to execute it, The Court gave him judgment for $35,869, and frem thia judgment both parties appeal the govern- ment contending that there Was no contract with the claimant for transportation along the route for which others were selected to periorm the ser- vice, and the claimant insisting that the Court erred in refusing to allow certain items of protit alleged W Laye been losg by the nonperformance of the contract. Durant & Homer for ?” nevants C. 1, Hill for the government, No. 620, Nugent vs. The Supervitgrs of Putnam county, Illinois—Error to the Clreyit court for the Northern District of Iilinots, gupmittea under the twentieth rula—The plaifiti@ in error became the holder of county bonds issued to the Plymouth, Kankakee and Pscific Railroad Company and sub- sequently endorsed to others by the road. ‘The Court sustained the defence made, that the vonds having been issued by the chairman @f the Boara and the County Clerk after the consolidation of the road, for whicn the stock was subscribed, With the present company to another corporation than the one for which the subscription was authorized, their action was void for want of authority, Itis here maintained that the Court erred in this decision, because the consolidation was specially authorized by the charter of the road for which the subscription was made at the time stock was voted as well as by the general laws of the State. The consolidation, therefore, did not release the county trom the contract 0! subscription made aud accepted before it was effected, Thomas M. Shaw for plainuids in error; T. L. Dickey for defendant. BOARD OF POLICE JUSTICES. ee More New Rules—Looking a Long Way Ahead. Ameeting of the Board of Police Justices was held at half-past four o’clock yesterday a{ternoon, in the Clerk’s room of the Court of Special Sessions, Judge Smith, chairman of the committee ap- pointed to drait rules and regulations for the fu- ture government of the Board, read a long series of propositions appertaining to the better regula- tion of the body. Assignments were made to the different Courts for the next 20 montis, each pair of judges to remain bat four months at any one Court during that time. There was a long and animated discussion between the members, and after the rules were adopted the vote was recon- sidered, and the final adoption postponed till some future date, These rules are written (n ezx- tenso, and, among other things, refer to the proper collection of fines, taking of bail, &c, From their number, vartety and com- plexity it will puzzle many of the learned gentlemen themselves either to carry them out or ascertain their exact meaning, There seems to be a great diversity of opinion among these gen- tlemen as to how high the magnitude of their posi- tion really reaches, and, with the exception of Judges Bixby, Morgan, Murray and Kasmire, they seem to h the vaguest notions as to where their duties begin orend. The discussion yester- day Was absolutely ludicrous, both as to the matter itself aud the manner in which it was carried on, THE “BOSS” IN HIS ISLAND HOME, He Is Again Indisposed, yet Cheerful. Warden Liscomb of the Penitentiary yesterday, in respouse to the inquiries of a representative of the HERALD, stated that William M. Tweed still retains his place as assistant in the hospital depart- ment and has for some days shown no failing health until yesterday, when he had a return o! his dysentery in @ less aggravated degree. Mr. Tweed seems much more cheerful than upon his first entry into the prison, and on the whole is not likely to succumb to disease or fail beneath the duties imposed upon him. He declined yesterday, owing to his Iiness, to receive the reporter and speak of the events which are exciting the old Ring followers, and, as visitors are not admitted on Saturday afternoons, hearsay infor- mation could only ve obtained. It appears that the only visitors le nas had recently are bis de- voted Wife and sons, Who call two or three times a week, and two or tree persons who have business transactions with him requiring attention. The ion that he is dressed in convict garb 1s us, a8 he has had a special suit made of material different from any worn in the institu- ton, because there is no speciai uniform for misde- meanor prisoners. The keepers seem to be im- ressed with the importance of the dethroned 8s, and speak of him as neither seeking nor ex- pecting special favors. One, however, stated yesterday, to @ Visitor, that Mr. Tweed takes his meals at the table of Warden Liscomb; but this o | can scarcely be true, in view of the fact tnat the Warden’s residence 1s fully half a mile from the prison, 1tis possible that his meais may be sent to him, but not at all likely that he would be treated im this manner or that he would expect such @ special relaxation of the ruies, THE NEWARK LIBEL SUITS, Judge Guild’s Case Still Undecided—The Jury Out Thirty-Six Hours and No Agreement. Up to last evening the jury in the case of Judge William B. Guild, tried on Friday, in Newark, on an inaictment for publishing in his newspaper, the Journal, an alieged libel on City Counsel Francis, still remained ont, unable to agree. The case was given to them about five o’clock on Friday. Yes- terday inorning the Court was unable to convene ip consequence of the illness of one Judge and the absence of others from town. IN THE EDITOR'S CASE the question of the eg i of the indictment in conseqnence of its not having the signature of the toreman of the Grand Jury has -given rise to widespread discussion in legal and general circies, the peonis opinion being that the indictment could not be held good. The Supreme Court, beiore Which the matter will go, does not convene at ‘Tren- ton until the latter part of February, so that till then the question is open and no décision can be had. This question being entirely new in New Jersey assumes considerable importance, OTHER POLICE OUTRAGE, 4 No, 262 FInsT AVENUE, New York, Dec. 15, 1873, To THE EpiToR OF THE HERALD:— hereby wish to seek some information through your valuaole paper in regard to the rights ofa citizen vs. the police. On the 26th of November last, between the hours of hall-past ten and eleven P. M., my attention was called by the cry of a child, and I found, on going into the hall of my house, a child between seven and nine months old, also a smaiil bundle of clothes, apparently aban- doned by the owner, I then went out on the side- walk to see if I could find the mother or any per- son who may have owned the child, but could see no one; then | went in search of a policeman, but could not find one within @ few blocks of my resti- dence. I then entered my house and got a club, and went out on the sidewalk and gave two raps with it asa call for assistance from some police oficer. After 1 had rapped I saw a party of four or six men across the street, in the act of entering @ liquor store, who calied over tome to know lat first gave no answer, until they came Close tome. On then again being asked 1 told them I was rapping for a police officer, when one of the party said to me, “What do you want an ollicer for? Here is one.” Then another of the party said to me, “Do you know you are not allov to rap with aclub, and if you do it again I shall arrest your” J then said, “No; i! you are an ofticer come and take this child which I Have found, and if Tuave done anything wrong and laid my- self liable to then arrest me, and don’t reprimand me here on the street.” This person then took bold of me and told me to come along to the Eighteenth precinct station house, and on the way there delivered me over to an officer in uniform. I then asked the oficer who the person was that arrested me at first, He then imiormed me it was Cuptain Tynan, of the Eighteenth pre- cinct. When I arrived at the station house he (Captain Tynan) told the Sergeant in command to put me down as a prisoner. 1 asked him if I couid not talk or explain matter over reasonably, aud he said no and forbade me to say another word, I then told him he could not prevent me from speaking, and in the presence of the Sergeant I asked him to let me know What he arrested me for stated the circumstan again a8 related above, in regard e id rapping lor an officer, and then asked the Captain also whether Wi 8 going to send an oficer alter the child, Which was at my residen and he said, “No; it 18 none of your business w ido with it’ After apologizing to the Captain he dischar; me, when L asked for the return of my ub which I had used in rapping. This request was refused, and as the club in to the property cler! 1am led to believe priated it to his own use. On my return to my residence an officer accompanied me and wok away the unfortunate child, Aiter a good deal of trouble and loss of time to me i went to Police Headquarters, and seeing Mr, th C. Hawley, Chief Clerk, he injormed me that I d done my duty as a citizen in ra ised me to make a complaint against’ Captain ‘Vynan, After more difficulty I succeeded in seeing Commissioner Gardner, who advised me to make a formal complaint, Which I uid. On Monday, the isth inst. 1 again went to Police Headquarters, determined to have justice, and asked about my e, but could ascertain nothing about it, except that some of the Board would take no notice of it, leaving the inference that politics had superseded Justice. Now, Mr. Editor, was it right for me to leave the child ih the cold, to ¢ to death, or act as I did, and again, is justice in New York Pigg tes outr Yours respectiuly, D. b. PULLE. RESUMPIION OF WORK. LAWRENCE, Mass,, Dec. 20, 1873. ‘The Everett mills here will resume running on full time on Monday next. The Washington is now the only one of the numerous corporations heye that js net runping Wo its Sy) capacity, ‘Tynan has appro THE HIGHBRIDGE (N. 3.) TRAGEDY. ——_+— > The Ca for the Prosecution Closed— Statement of the Prison The trialof Edward Brennan for the alleged | murder of his wife was continued yesterday at Flemington,N. J. The prisoner was placed on the stand and was proceeding with his statement when ‘the Court adjourned, John Brady continued his testimony:—I knew deceased was accustomed to “drink ;”" she’d drink until she would Me down; I threw the clothing Mrs, Brennan wore when she died mto the water closet; it was all bloody. Maggie Lunger testified she had a conversation with the prisoner about the death of his wile on the Tuesday after her burial, tn the house of Mrs Mallon; he said that his wife had been washing al) day; that sbe was tired and he wanted her to go bed; L think ke satd he helped her up the first fight of stairs, and that she came down again for water and he insisted on her going back; she did not feel inclined to go; he said that he had cus- tomers to wait on and she should go, and he would help her up stairs; when she was near the second flight she said, “Let me sit down;” he told her “No,” she should go to bed, that it was nota fit place for her to sit down; when she was on the landing, she said to him, “My Goud, let me sit down,” and then she showed him her hand and it was all blood; the prisoner said that his wife called “Ellen,” and then he went for the doctor; don’t recollect that the prisoner said anything more concerning the death of Mrs. Brennan or not; I heard groaning three times while I was in my sitting room, which is near to prisoner's house, on the night of Mrs, Breunan’s death; I went out on the eee and heard it; thought that Mr, McIntyre had been hurt by his horses; heard the groan when I went out in the yard, Jane Mailon deposed that she livesin the same house with the last witness; had a conversation with the prisoner in reference to his wife's death on the ‘Tuesday or Wednesday following; Mrs. Lunger asked prisoner if his wile had been ailing beiore her death, and he replied “No.” Alfred Fritts deposed that he heard Brennan say that bis wife had bled to death, and that there was some dissatisfaction expressed about it; prisoner said that there Was some talk of exhuming her body, and ne wanted to know if that could be done without the consent of her triends; be also wished to know at whose expense the disinterring of her body would be; this conversation happened about the 28th of November—tive days after shé was buried; he also said he was going to New York aiter his sister-in-law, to come and take care of his children. Patrick Casey testified he was in the house of Edward Brennan when his wife died; the prisoner was crying, with the baby in his arms, saying “Oh! what willit do for the loss of its mother;” Mrs: Brennan was lying, apparently dead, in John Brady’s arms; 1 saw her hand move a little, and [ then said to the doctor “She is not gone yet, can’t you do something for her. Alter the examination of eight more witnessss, whose evidence developed nothing new the counsel for the State rested their case. Mr. Voorhees then opened for the defence in an address of about 15 minutes’ duration, in which he made a most forcible and pathetic appeal on behali of the prisoner. He said a medical expert, Dr, Coleman, would be placed on the stand who would do ail that science and medicai research could do to clear ew the mystery of Catharine Brennan’s death. He reminded the jury that the law was best vindicated by the acquittal of the innocent. He said that the prisoner would detail all he knew about the death of his wife when placed on the stand, and that the leading in- tuential and respectable citizens of Highbridge would be brought forward to prove his good char- acter. Edward Brennan, the prisoner, then took the stand—My age is thirty-three; 1 and Catharine Brennan were married in Ireland, on the 13th of January, 1867; [sailed on the of April, 1869, for this country, and left my wife in Ireland; she landed the 6th of May, one year after myself, along with my brother; I paid her, my brother's and two children’s passages; I lived in New York city about two months, and from there came to Highbridge, wnere I have been living ever since; I worked in the Taylor Iron Works all the time until work stopped, four or five months ago; since then very little work was done there; moved into the house where my wile died a year ago last July; my brother-in-law, John Braay, occupied part of the house with me; on the day of my wile’s death I was at home the most part of the time; 1 kept a saloon in the house where I sold liquor; that day my wile was wash- ing part of the tume: Lizzie Campbell was helping her; about half-past six o’clock I went into the basement and took the baby from my wife; there were four or five men in the saloon at the tume; she went up stairs with two of the children a short time after this; I went up to get John Brady to stop in my place in the saloon unttl I would come back from the store, and found my wife sitting in his room; Brady anc I then came down stairs and I went out after eggs and brought six home, when I saw my wife stand- ing at the table in the basement cutting bread; I asked her what she wanted with the bread; she was barefooted, ana I told her it was better for her to go to bed, that she might get cold after her hard day’s washing; she went up stairs and came down again in @ few minutes; she went to get some water and said she wished for some milk, and then went over and took the teapot off the stove and commencea pouring tea into the water; I took the teapot out of her hand; she then said she did not know what she was doing; I told her to go to bed; I took one of the children and went along with her about half way up the base- ment stairs and turned back jor a candle to the saloon; »y that time my wile Was about the middle of the hallway. ‘The Court here adjourned, THE HOBOKEN SAVINGS BANK. In the United States Court at Trenton yesterday the petitioning creditor withdrew his suit, it hav- ing been announced that the claim against Fisk & Hatch for $94,000 nad been adjusted and the other difficulties overcome, The bank may consequently resume at an early day; other- wise another petition will be filed against it. The probability is that the directors will soon reopen the concern. The result will be an overwhelming run, which cannot cease until the last mortgage held by them is foreclosed. The reason is that the depositors have lost all con- fidence in the Board because of their action durin, the Kienen régime, The universal wonder is tha’ the six or seven sterling menin the Board allow their names to be connected with the other direc- tors, The only possible measure to avert the com- ing run and panic is for the directors to reorgan- ize. They owe it to the thousands who suffer by the existing state of things. If the wire- pullers stubborniy persist in keeping their places, the whitewash of local sycophants cannot conceal their real motives for so doing. The managers have repeatedly declared that they received no pay for their ser- vices, and hence it cannot be dificult for them to Test from their long and philanthropic labors, It should be remembered at the same time that a few outsiders have been airing themselves at depositors’ meetings and elsewhere, with the sole desire of getting into the Board of Managers. Some of these men have already read the bankruptcy law to advan- tage, and would become elements of destruction rather than of recuperation. But there are many good and trusty men in Hoboken who ought to be putin the places of those that have lost caste in the Board of Directors. AID FOR THE AFFLICTED IN HOBOKEN, Ten years ago there was established in Hoboken @ hospital under the direction of the Sisters of the Poor, From that time until the present some 10,000 persons have received within its walls aid in the shape of medical treatment, food or cloth- ing, irrespective of class, color or creed, The doors have never been closed tq the friends of suffering patients, and every facility has been extended to clergymen of various denominations in adminis- tering the last, rites to tne dying. To provide against ‘the distress now existing among the poor the good Sisters will open a fair at Si, Mary’s school fiouse, on Monday, Tuesday avd Weduesday of the coming week, whereat every one who has at heart the feeding of the hun- gry and the clothing of the naked can have an op- portunity of doing much good. A varied and valuabie assortment of articles, tor exhibition and sale at the fair, bas been contributed by the warm- hearted patrons of the institution, both in New York and Hoboken. Having always met with hearty responses from all classes of people, the Sisters are sanguine of success in this undertak- ing, which deserves especial support. The officers and clerks in the Department of Finance have been busied during the past week in examining the election rolls and preparing war- rants for their payment before the holidays, This work, Which was not done last year until January, 'y jarge, as there are 2,206 inspectors, 1,021 poll clerks and 528 landlords to be paid. The Comptrolier will commence payment for the First and Second Election districts on Monday morning, and continue to pay each day thereafter two dis- tricts in nomerical order, NEW YORK CITY, The police arrested 1,861 persons in the city last week, ania ‘There were 464 deaths, 454 birth, 119 marriages and 40 still birtis in the city last week, Fire Marshal Sheldon reports 20 fires for the past week, upon which the estimated loss 19 $11,445, ALG Le LAsUTANCe $71,090 UNDAY, DEGEMBMR 21, 1873.—QUADRUPLE SHEET. ————— THE VILLE DU HAVRE. THE RING CASES: Testimony of thé Responsible OMmecers of | 'y, woodward in the City !—What He Can Test the Loch Ea [From the London Daily Telegraph, Dec. 9.] The Board of Trade have ordered an inquiry to take place at Plymouth into the circumstances at- tending the loss of the Loch Earn, which will be held at once. The deposition of the Captain, William Robertson; Berggren, the man who was on the look out, and the man who was at the wheel when the collision occurred, were to-day taken by Mr, Hingston for the Collector of Customs. They are as follows :— 2 CAPTAIN WILLIAM ROBERTSON deposed that he was master oi the ship Loch Earn, of the port of Glasgow, of the registered tonnage of 1,200 tons, her official number being 60,470; that the ship Was owned by the Glasgow ‘Shipping Company, 86 Buchanan street, in that city; that she was rigged as a ship, was built of iron at Glasgow in the year 1869, aud was classed in Lloyd’s List at Liverpool A 1 21 years; that the crew consisted of 30 hands, tnciuding deponent; that the deponent’s certificate is one of competency, and is numbered 26,867; the vessel had on board a cargo of ballast, and proceeded from London on her intended voyage on the 13th day of November last, at six P. M., the weather being fine and the wind blowing light; the ship was in good condition and well found, and was bound for New York; on Saturday, November 22, atabout two A, M., weather clear, wind south- southwest true, blowing a moderate breeze, ship was in latitude 46 54 north, longitude 35 6 west, when the third oficer came below and told depo- nent that there was asteamer coming too close; deponent at once went ou deck and saw a steam~ T's masthead light and a red light about a point or a point and a quarter on the port bow, and ap- hood very near; the Loch Earn at the time was leading west one-half north, true sails, shar} braced up oa the port tack under all plain sail, and going 103, knots an_ hour; deponent observed that both of the lights on board mus ship were burning —brightly;_— they" were carried one on each bow; deponent, on com- ing on deck, at once called out to the man at the helm, “Hard a-port,’? and he rephed that it was hard a-port; the steamer then starboarded her helm, and ran across the ship’s bow; deponent ordered the aiteryards to be braced, as a collision appeared inevitable, but before the braces could be let £2 the collision occurred; the Loch Earn struck the steamer stem on on the starboard side amidships ; the two ships immediately separated; the alter- yards of the Loch Earn were at once thrown back, halt of the crew shortened sail, and the remainder cleared away the port liteboat; the two ships were then about 120 yards apart, the Loch Earn being hove-to, when a boat from the steamer came alongside; qdeponent asked the oflicer in charge of her whether the steamer wis hurt, and he replied that she was injured, but did not say that she wanted any assistance, and no signal of distress being hoisted deponent did not believe that she was seriously damaged; while talking to the officer deponent observed that the steamer was settling down; he at once lowered the port liteboat, in charge of the second oficer and four men, and the cutter and starboard life- boat followed as soon as they could be got out; but before any of the boats could reach the steamer she had sunk, being about 15 minutes after she had been struck; she proved to be the Ville du Havre, from New York for Brest and Havre; the boats of the Loch Earn were kept rowing about the spot until half-past eleven A. M., during which time they had brought about 73 persons on board ; the boat which had first arrived alongside of the Loch Earn, having on board an officer and four men from the steamer, did not again leave the ship’s side to render assistance; the mas- ter of the steamer came on board depo- nent’s ship in a boat belonging to the steamer, with four or five of his own crew, soon after the first boat had le!t the Loch Earn; it was found that the bow of the Loch Earn was com- pletely stove in, but the collision bulkhead was ap- parently uninjured, and the ship made no water; about noon the American ship Trimountain, in answer to a signal of disiress, bore down, and all who had been saved, except two of the passengers aud a fireman, were taken on board, and she pro- ceeded on her voyage to Bristol; the next day the Loch Earn was trimmed by the stern, and a barri- cade of spars, cut and lashed together, witha backing of sails, was formed to protect the bulk- head; when the ship lifted forward tt was seen that the stem and bow plates were smashed in down to the forefoot; on the 24th it blew a gale from southwest, with a heavy sea, and, in spite ol every effort to strengthen the bulkhead by shores, it started trom the stringers on both sides, and it was necessary to keep the ship in the trough of the sea, as the water poured in whenever she came head to sea; from this time the bulkhead became daily weaker; on the 28th it blew a strong gale from the west, and the est se heavily in the trough of the sea; at two A. M. it was found that the opening between the bulkhead and the stringers had increased, and the water was coming in on both sides with great force; the pumps were kept at work until four A, M., when five inches only were in the well; at six A. M. the ship British Queen hove in sight, and de- ponent sent a liieboat with a request to stand by; the bulkhead was now completely started from the frame on both sides, and the crew refused to stay longer by the ship; the wind was rapidly increas- ing, and, owing to the very heavy sea, it was prob- able the bulkhead might give Way at any moment; deponent, therefore, determined to abandon the ship, and the port lifeboat and another being got out, all hands, after considerable difficulty on account of the high sea, were got on board the British Queen, latitude 48 deg. north, longitude 30 deg. 30 min. west; before leaving the ship the well was sounded and three feet six inches of water iound, but the sup being very much down by the stern this did not represent the quantity of water actually in her; nothing more was seen of the Loch Earn; deponent considers that il the steamer’s helm had been ported instead of star- boarded when he arrived on deck the collision would not have occurred, CARL BERGGREN, ABLE SEAMAN, stated that on Friday, November 21, midnight, weather clear, blowing fresh breeze, he commenced his watch as lookout man, and was stationea on the topgallant forecastle, the ship on the port tack, ciose hauled, under all plain sail except roy. ais; about ten minutes betore two A. M, deponent saw the masthead light and the red light of a steamer avout two points on the port bow and reported it; it was part of deponent’s duty to see that the lights o! his ship were burning; he had observed them about a quarter of an hour pre- viously and saw that they were burning, and he pow looked at them again and they were still burn- ing brightly; on reporting the steamer’s light the third mate came forward, and, having observed it, went aftagain; the second mate then came for- ward und told deponent to take the red light off the stage and hold it up, which he did; the steamer continued to approach, and when very near she came across the bow of the deponent’s ship; the red light was lost sight of and the green one be- came visible; she then blew her steam whistle, being about two lengths of deponent’s ship off; almost immediately the two ships came Into collision, and deponent, seeing what was about to take place, ran aft, and so did notsee how the ships struck; they at once went clear of each other; ail hands then set to work to clear away the boats, believing the ship was going down; but on the carpenter sounding the pump, and no water being found, the sails were clewed up and the yards braced; the ships were then about half a mile from each other; a@ boat then came alongside from the steamer and all hands set to work to get out the boats; the port Hleboat was the first got out, and deponent, the first mate and two apprentices went in her, but be- fore she had left the ship’s side the steamer had sunk; deponent continued in the boat untit about ten A, M. picking up persons and taking tiem on board; after returning with the first boat load deponent met the other two boats of his ship row- ing tothe spot; while deponent was still in the boat, at avout nine o’ciock A. M., a ship came down, and all who had been saved, except three, were put on poard and she proceeded; witness then went on to describe what had occurred since ; when the crew told the captain they wanted to leave to ship he asked if any would remain with him, but all refused. Alonzo Sewell, able seaman, of the Loch Earn, deposed—On Friday, the 21st November, near mid- night, weather cloudy, but no fog, wind about west-southwest, blowing about a 10-Knot breeze, he came on deck and was stationed at the wheel; the ship was heading west-northwest, close hauled on the port tack, under ail (ae sail; alter depo- nent had been at the wheel about one and a half hours he saw in the distance, about one and a half points on the port bow, a light, which he for some time took fora star; shortly afterwards the sec- ond mate, who had been standing near deponent, went forward; as soon as he got forward he called out, “Hard up,” and deponent put the wheel, which at that time was about amidships, hard but before there was any time for it to have any effect on. the ship's course she came ito collision with the other ship; doponent was knocked down, and it was pout five minutes before ne came to himself; when he did so the ships were about 20 yards from each other, and the sails of his ship were peiny clewed up; deponent continued at the wheel for about five minutes, having it bard down, alter which he was relieved, and went forward and assisted to get out ‘the boats, but before doing 80 he went up the Jorecastle to get his cap; at this time the steamer was a good half mile oi; on coming out again she had gone down; a boat from the steamer was then alongside, and one of the boats of the Loch Karn was already out; deponent then heiped to get out the other lifeboat and a gig; at about half-past three A. M, the mate ordered deponent to goin a boat belonging to the steamer, which was along- side, and he and three others went away in her, and Bolle’ about the spot until eleven A. M., but could not find any one; on returning to the Loch farn he found that those who had been picked up ve being taken on board a@ ship which had come own. THE WESTOHESTER ARSON CASE. The jury in the case of Julius J. and Simon Vv. Lambert, whose trial on a eharge of arson took place in the Court of Oyer and Terminer, at White Plains, on Friday, came into Court yesterday morning and announced their inability to agree upon a verdict, They were accordingly discharged from any further consideration of the case. It is understood that the jurors were equally divided in their opinions 98 to the guljy of mmocence of tify to and the Reasons Why Some Re» formers Do Not Want Him to Turn State’s Evidence—Watson’s Memo-. randa and Woodward's Items About Legislators and Political Economy. ~~ On the 2a inst, the HERALD published the eXcluy sive announcement that arrangements were being entered into by the prosecutors of the Ring by which Woodward, who figured so prominently im the Ring frauds, was to be induced to return to this country. This announcement, which wad pooh-poohed at the time by those who atfected to know all about the doings of the absent thieves, ‘was as follows:— Considerable curiosity is manifested ‘by the in relation to the expected arrival of one of nates of the old Ring from Bur ome people say, Will tell a tale of the day: ne that wilh make many of the present ret nocratic and republiean ‘alike, feel very un It is stated that this individual is no less a person Woodward, and that arrangements have been made by which ha Will be protected against prosecution it he gives the kinds, of information the authoriuues think he can. A HERALD reporter a day or two afterwards had) @ conversation with a gentleman who had had a great deal to do with the Ring prosecutions co. cerning the “expected” return of Woodward, During this conversation, which was published im the HERALD, the gentleman said:—‘‘Many persong will be reached by his testimony who have not been mentioned up to the present in connection with the Ring frauds.” He also added :— From all I have been able to learn Garvoy only tol but half ot what he knew, and that what he lett untol might be revealea by Woodward, much to Garvey’s own discomfort and that of several other parties now enjoys ing wealth acquired by means as dishonest, it not ag open, as those employed by Woodward and the others W@ have heard tell of. It would now seem, judging from the rumorg that have prevailed for some days in political cire cles, that the negotiations which were being car¢ ried on over a month ago between Woodward and the prosecutors have been at least partially suc¢ cessful. It is trne that the District Attorney and: Attorney General Barlow himself deny that they know anything about WOODWARD’S PRESENT WHEREABOUTS, although a gentleman stated to a HERALD reporter yesterday that he had himself early mm the forenoom had the “pleasure” of a chat with the noted runay way at a friend’s house up town. Again, it will ba remembered, that when the negotiations werq being prosecuted for his return the District Attors ney and General Barlow denied all knowledge 0! what was being done; but, notwithstanding, tha negotiations were all along taking place. There ig now no denying the /act that Woodward has beem induced to accept the terms ofered him to testify against all those parties who were connected with! the Ring, and that he is now within easy call inj this city whenever he is wanted, A HERALY reporter yesterday ascertained {rom an authorita- tive source that he is not expected to testily om ex-Mayor Hall's trial, and that even if ne should ba called Mr. Hall has nothing to fear from anything the: Jellow can teli about his oficial actions whem Mayor. People who are rather in the dark as to just what Woodward can tell about the Ring) frauds that is new should bear in mind that every- thing that was done from 1869 to 1871 in the way of plundering the city by a regular system of rob-; bery, in which the Ring masters were the moving) spirits, was done to his personal knowledge; that, in fact, he is to-day, next to ‘tweed, the most ime portant witness that could possibly be obtainea by’ the Ring prosecutors to give A TRUE HISTORY OF THE ROBBERIES of the past when ‘'ammany was king. 1t was supy posed that when Watson met his death so suddenty} that he died without leaving any document be hind him by which the men who participated in the: robberies could be traced; in other words, that ‘ oliticiang he did leave any such document, his friend and those of the Ring leaders had had, ‘t destroyed. The fact of the matter; is, ifreport from reliable authority speaks fee that Woodward has in his possession memoranda of every transaction of a questionable nature that, took place in which he himself was an active; agent, but only, but a complete history, day an date and amount given, of every theft committed) in which he was not a direct party, and all knowl, edge of which, it was supposed, had been buried with Watson. Edoris were made quite lately by At- torney General Barlow, deny it as he may, or per~ sons Who represented him, to induce Woodward to. come to this city irom his foreign asylum of refuge; and testify against his old associates; but the man. ‘Was lull of fears as to his own fate, and could not, be made to believe that he would not be “played false’—to use his own words. While these ne-. gotiations were going on it turned out that he had the much desired information in his pos- session relative to certain matters which every one of the Ring people believed Watson alone (Tweed excepted) knew about, ana then it was that the most strenuous efforts were made and the most. generous offers proffered on condition that he would GIVE UP THE MEMORANDA he has taken such good care o1 But he was ob- durate; he would not part with them and also te- fused to come to this city atany price. But this did not end the matter. Where Attorney General Barlow left of in the negotiations other parties began, and it would appear that Woodward has at last been induced to make himself generally useful whenever he is summoned to make a clean breast of allhe Knows about official robberies and what democrats ana republicans alike did about them. And just here it may be stated that there is one item of interest in Woodward’s memoran- dum book that may throw considerable light upon the fight that took place in 1870 between the young democracy and the Tammany braves. Gar- vey once, it will be borne in mind, gave an ink- ling as to how $50,000 of the money he and Wood- ward and the “hoss’’ had raised by the percentage plan had been disposed of; but his information was quite general. It simply referred to “Albany pur-' poses.” Woodward has the detailed items as to the disposition of not only this $50,000, but as to a much larger sum yet, and he can give the names, not only of the members of the Legislature who, re made richer by it, but the names also of sev-' eral PROMINENT REPUBLICAN POLITICIANS AND REFORMERS in this city who got well paid for “inducing” & Jew of their friends in the Legislature to ‘vote all right,” although in some instances several of these aioresaid friends were bought and paid for withous Knowing it themselves, their influential backers pocketing the casi. But Woodwara’s recollections, of @ busy life in the service of the great Ring’ Moguls are not confined to one Legislative session, ° and if he unbosoms himself of all he knows there. will be ashaking of the dry bones in many a po- litical housenold,that has so far escaped even sus- picion, A HkRALD reporter yesterday, in his search for him, met a gentieman who not only as- serted that he had seeu Woodward during the day, but that the friends of the “Boss” were the pare tes who had really induced him to come to the, city, after raid guarantees had been given him by those who had it in their power to protect nim against prosecution. While the ‘Boss’ ’’ fate wag still hanging in the balance he was unwillin they say, to do anything that might jure bis old friend; but the latter, 18 now _ said, at the urgent request of some of his well wishers gave his consent that Woodward should ve invited to come home. As to this particular phase ef the matter, however, 16 may be suid that there are a few of Mr. Tweed’s intimates who deny that the Boss has had anything to do with getting Woodward back; and the argu. Ment of one of them against the idea is a reason- able one and 15 as follows:—‘Lf Tweed,” said he, “did anything of the kind he would be doing injury to himself, if he has had anything to do with tho thefts he now stanus convicted of; because Wood- ward, once on the stand, would be cross-examined as to all he knew about the Boss's hse 3 It would be all very well for the Boss to invite Wood- ward to MAKE A FULL CONFESSION if the old man’s case had already gone from Court to Court, until it had reached the Court of Appeals and he had been denied anew trial, Then, his last hope of ever getting free being dashed, he might with impunity do all that lay in his power to ex- pose the infernal hypocrites, republicans and ree form democrats alike, who, not only in this city, but throughout the whole State, shared im- mensely in the profits of the treasury roboery.”” It may be said, in conclusion, that the police deny that they know anything about Woodward's presence in the city, and that the rumor that Nor- ton and Coman and Walsh had forfeited their bail could not be traced to any reliable source, THE GENET CASE, Sentence Postponed 1 Monday—What Genet Says About His Case. Harry Genet, accompanied by his counsel, wero present yesterday at the opening of the Oyer and Terminer, The District Attorney was not on hand, bat was represented by Mr, Peckham, Judge Daniels said that as he had to take Judge In- graharm’s place in Chambers he would like to have the case postponed until Monday, Mr. Beach said the bill of exceptions would be ready by that time, A HERALD reporter yesterday paid a visit to Mr, Genet, after he had leit the Court, and had @ short conversation with him relative his case, Ho looked careworn and was apparently rather down- cast, Which was quite natural under the circum. stances. “I certainly was surprised at the ver- dict,” he sad, “and I think that the Judge and the prosecuting officers were also. 1 have nothin to somal. about the way oy trial Was cogducted, Judge iels treated me fairly and gentiemanly, and so did Mr, Peckham and those assoc) him in the prosecution. My lawyers work, I believe, on a bill of excepti enna my future depends upon the r jabors. Mr. Genet was called upon during tho day by quite a large number of nis friends, who expre! the deep sympathy they felt for vy als- fortune, ted with