The New York Herald Newspaper, January 29, 1874, Page 8

— 8 THE COURTS. A Ring Reminiscence—Ex-boss Tweed’s Big Pipe Contrac- tor Sues the City. —__——_-—_—__— BUSINESS IN THE OTHER COURTS. Bankraptey of Donglas L. White--The Choice of Trasices Approved. A LIFE SENTENCE FOR ARSON. ‘The case of Henry Myer and F. W. Myer against @oliector Arthur ts at trial in the United States Circuit Court, before Judge Nathaniel Shipman. ‘The plaintiffs imported seventeen invoices of white Jead, and the Collector caused them to pay on the merchandise a duty of $11,000, because, ag he ciaimed, the tead was not a manufacture of metal ‘within the meaning of the tariff act. The plain- «iM bring the action to recover $1,100—the excess of duty exacted—ciaiming that this white lead was @ manafacture of metal within the meaning of the Jaw; and that, there/ore, they are entitled to the reduction. On the other hand, the government hold that the lead was not a manufacture of me- tallic lead specified in the act, because it was mumply produced by chemical action. The case will Probably, be decided to-day, Tm consequence of the suit by Captain Leitch @gainst the Atlantic Mutua! Insurance Company Deing continued to-day Im Part 1. of the Court of Common Pieas before Judge Loew, the usual short @ause calender will not be called, All the trials set @own for to-day will accordingly be marked om for She term. Im the Court of General Sessions yesterday George Droste!, indicted for arson im the first de. gree, in setting fire to the house No, 66 East welith street, the lower part of which was oc- eupied by him and lis partner Edward Madlinger a8 a tailoring establisument, was found guilty and sentenced to imprisonment in Sing Sing for lite, ‘Testimony was heard yesterday before Rufus F, Andrews, referee, in the suit of Jonn J. Kiernan against the Manhattan Quovation Company. F, A. Abbot, a witness, refused to answer questions as to how he obtained news for the Manbattan Com- pany, upon which the reieree ordered that he be went defore Juage Larremore for contempt. A memento of the “Ring” régime turned up yes- ‘terday in the Sapreme Court, General Term. Mr. John B, Greene, who obtained from Mr. William M. Tweed, while Commissioner of Public Works, the contract for laying the “big pipes,” for better sup- plying of Croton water to the city, claims to be some $52,000 out of pocket, and is striving to get She money from the city. The particulars of the sult and present status of the litigation will be ound reported below. There was another argument yesterday before Pudge Lawrence, in Supreme Court, Chambers, as %e the legality of the proceedings of the Park Commissioners in reference to the Parade Ground. It was simply a repetition of the previous argu- Ment, a® published in the HERALD, with the elicita- Mon of no new facts, and was purely of a technical ebaracter. The Tweed case is to be revived again. The bill ‘of exceptions bas been noticed for settlement on Monday next, before sudge Davis, REMINISCENCE OF THE RING RE- GIME. That Big Pipe Job and Boss I'weed’s Contract—How the Contractor Failed te Get His Money, and His Suit Against the City. During its session in 1871 the Legislature passed gn act authorizmg the Comptroller, through the desue of city bonds, to raise $1,500,000, to be ex- pended in the laying of big pipes through various mvenues and streets o! the city. It was a big jov, und the expenditure of the money was given to William M. Tweed, as Commisatoner of Public Works, He made a contract, but without gong through the nsual formula of advertising for bids, with Mr. John B. Greene. In carrying out his goatract Mr. Greene says that he expended B00 but Mr. Tweed having been deposed from position as Commissioner of Public Works, and other changes having occurred in the financial de- it of the city, be could get no money and mo! work. The work was then continued fjamder the direct controi of the Department of Public Works, Mr. Greene says in his compiaint, at @ greater expense. Mr. Greene sued tne city for be amount already incurred under his contract— 718, The defence of the city was that the con- ‘was in itself extravagant, and that it was mot binding on the city, since the preliminary Beer. by the charter o/ advertisement for bad not been complied with. On tne trial before Judge Van Brant, in Uctober last, the latter @rgument alone was aavanced, and the Court, everruling it, gave judgment ior $60,114, to which amount the accrued interest brought ‘the original claim. From this judgment the city e@ppealed, and the case was argued yesterday be- the ‘supreme Court, General ‘term, Judges Daniels and Donohue being on the bench. ‘The plaintif relied on the Navarro case, in which & previous contract by Greene with the Commis- sioner of Public Works was held valid, thougn mone of the ordinary preliminaries bad been com- plied with. Mr. Dean, on bebali o1 the city, tn- @isted there was a distinction between the cases, # that ip the Navarro case the whole matter had Deen left by statute in the discretion of the Com- Saussioner Of Pubiic Works, while in this case it ‘Was the city which was to do the work under its charter, and only the extent of the work was lett to the judgment of the Commissioner of Public wean and, therejore, any violation of tne char- r vitiai ted the contract, At the conclusion of the argument the Court wok the papers. BUSINESS IN THE OTHER COURTS. UNITED STATES CIRCUIT COURT. Criminal Proceedings. Judge Bencdict sat yesterday, at the usual hour, et No. 27 Chambers street, and proceeded with the @espatch of criminal business. @WARGS OF SENDING AN OBSCENE ARTICLE THROUGH THE MAILS. ‘Louis ©. Zeliner was convicted of sending through ‘fhe mails an article intended to effect an immoral purpose and remanded ior sentence. CHARGE AGAINST A LETTER CARRIER. ‘Thomas McGuire, a ietter carrier employed by She Post Office, pleaded guilty to an indictment him witn having opened and destroyed a of letters entrusted to him to deliver. ALLEGED PENSION FRAUD. Apne Garvey was indicted for defrauding the roment out of pension money. The indict- twas 1d On the ground that there was a mispomer it, the woman being sow married under the name of Higgins. She was remanded to UNITED STATES DISTRICT COURT. The Bankruptcy Co.—The Court Approves of the Choice of Trustees. On Sunday we reported in the Heratt the case Of Douglas L. White & Co., who had been adjudt Gated bankrupts on the petition of the Continental National Bank, of this city, filed by Edward F. Brown, attorney of that establishment. The peti- tion 8 dated the 2th of July of last year. Subsequent to bankrupts on the 6th of November, de- manded 4 jury triai wo determine the ques- tion whether they had committed acts of Bankruptcy or vot. A meeting of the creditors of ‘the firm, at which more tnan 50 per cent of the creditors’ claims were represented, was neid on Saturday, December 13, 1873, at if the directors of the ‘americsa’ Exchange Nanionsl Bank, 124 Broadway. At tms meeting a committee ‘Was appointed to recommend the names of auit- 8 abie persons for trustees of the estate and for a | committee of creditors to act with such trustees, The committee, on the 16th of December, met, and Unanimously recommended the following gentie- men to act as trustees im the Management of the assets of the frm:—Alfred Wilkinson, George ¢. | Peters ano Francis C. Barlow. ‘The undermen- tioned gentlemen were also unapimousiy named as ao Sry commitves of Sfeaitors:-— Francis A. y W. Sage, Benjamin &. Come; of e report, as to ‘whether it would be etter 1oF the interests of the ereditors to have av assignee or trustees appointed, BLK AS VETAL JuLerpote Douglas L. White & | the adjudication the | | NEW YORK HERALD, THURSDAY, JANUARY 29, 1874.-TRIPLE SHEET. Derwre Blatchford last Saturday. Some of ales that an assignee with sole and un- wer best jed to attain the ‘would be best qualiti pa | of , Would be far ferable and pom po sure to realize move fow tae vane of the rs than '@ assignee col bring in for the good of the estate, rial etter ned discussion a motion was made for the it of the trustees above named, and the arguments having concluded Judge Blatchford took the reserving his decision. Yesters Blatchford returned the papers to the "8 ‘confirming the chotce of trus- tees as made by the creditors and directing that an order be entered to that effect. ‘This is one of the most important bankruptcy suits that has, (or a long time past, been instituted in this district, Already debts wo the amount of $1,700,000 have been proved inss the firm, and their agseta, as we have already reported, consist of lumber cracts, mills, !actories and yards in Mich- igan, New York State ana Canada. Among the creditors who have their debts are William E. Dodge, for $443,000; the Con- tinental National Bank about $30,000; the Metro- olitan National Bank, $60,000; H. W, ae & Co., 119,00); the Farmers and Mechanics’ National ank of Philadelphia, $57,000, and several other creditors for lesser or greater amounts. Broadway National Bank, represented by Mr. G, A. Seixas, as counsel, has proved adebt of $143,000, ‘The claim of Mr. W. E, ge ip secured, a8 18 also that of Charles H. Hamiivon for $50,000, The trustees will Jmmodiacarp cu tae upon the discharge of the duty entrusted to them, and they expect that @ considerable sum will be re- alized sor the benefit of the creditors. SUPREME COURT—CHAMBERS. Decisions. By Judge Lawrence. Latourette vs. Oiark.—Order of reference va- cated, with costa of motion. See opinioa, Congregation Keneseth Israel of Russian Israel- ites vs, ngregation Keneseth Israel of Macritz Israe] et al.—In the Matter, &c., Gerrard; in the Matter, &c., Waterbury; in the Matter, ke, Liv- ingston.—Memoranda. Congregation Keneseth Israel of Russian Israet- ites ys. Ganezees ton Ke th Israe! of Macritz Israel; Van. Bat Ya. Te et al.—Granted. tn the Matter, &., Julian.—Heport of referee By Chief Justice Davis, Wilkins vs. Sherman.—Motion granted. Collins vs. Schultz.—Motion demed, with $10 costs Of opposing same. SUPREME COURT—CIRCUIT—PART 2. Decisions. By Judge Van Brant. Moody vs, Pell.—Case settled. Cobb vs. Seymour.—Motion granted, SUPERIOR COURT—TBIAL TERM—PART I. Interesting as Betw: Landiord and ‘Tenant. Before Judge Wan Vorst. Mr. Dunlap brought suit against the Phalons for three months? rent of No. 132 Mercer street, The latter had moved ont of the premises, claiming that the same were untenantable through the roof leak- ing, and the floors and beams becoming rotten, as alleged, from accumulation of water, making 1t dangerous to store the material required in their business. It was claimed by the plaintiff that the damages resulted from the moisture incidental to the business of the deiendants and alterations made by them in the Paene. The suit involved the question of tne right of the tenant to give up premises, under the act of 1860, by reason of their becoming untenantable. The Judge charged the jury that apy Gamiaees Must occur during the tenant’s term without his fanlt or neglect; that if he made alterations whicn contributed to render the premises untenantable he could not escape the result, and that the landlord was not bound to re- pair, even where defects existed at the commence- jury, after‘a short deliberation, returned a verdict for $815, heing the full amount claimed. Jobn Henry Hull for plaintiffs; A. Burt and Jere- miah Cary for detendants. SUPERIOR COURT—SPECIAL TERM Decisions. By Chief Justice Monell. Kalligan vs. Stalinecut.—Findings settled and Med and big fe for debt ordered. Knapp vs. Altmeyer; Fott vs. The State Home- pathic Asylum.—Motions granted. Langdon vs. The Sea Cif Grove and Camp Ground Association.—Motion denied. WARINE COURT—CENERAL TERM. Decisions. By Judges Alker, Joachimsen and McAdai Berg va. nae ee Steamship Company,— Judgment afarme Reid vs. Pidcock.—Judgment aMirmed. O'Connor vs. Cohen.—Judgment affirmed. By Judges Alker, Spaulding and McAdam. Eisner vs. Reis.—Judgment reversed. Wels vs, Sulzer.—Judgment reversed. Murphy vs. Bucking.—Judgment airmed, Hart vs, Conuer.—Order affirmed. Hershfield vs. Loeb.—Order aftirmed. MARINE COURT—CHAMBERS, Decisions, By Juage Joachimsen. Paterson vs. McGiven.—Motion granted on terms. Conant vs. Howell.—Motion granted on terms. Mulle vs. Henken.—Motion granted on terms, Lowenstein vs. Elias.—Motion granted on terms, Streeter vs. Jex.—Motion granted on payment of costs. Chamberlin vs. Farmenholz.—Motion denied, ‘With leave and $5 costs. Voorhees vs. Conger.—Default opened ; judgment for defendant on demurrer. Congregation Keneseth Israel vs, Congregation Russian israelites.—Motion for stay granted. Zulicb vs. Freeman.—Judgment on demurrer tor plaineif, with leave to defendant to answer in ten days. White vs. Packard.—Attachment vacated on de- fendant’s stipulation. Wind vs. Seebacner.—Motion granted on pay- ment of costs, Dickman vs. Holden.—Motion denied, with costs, Averell vs. Raphael—Motion granted on terms. Walz vs. Paradise.—Motion granted, with $10 costs. COURT OF GENERAL SESSIONS. Conviction of Arson in the First Degree— George Drostel Sentenced to Imprison- ment for Life in the State Prison. Before Judge Sutherland, At the opening of the Court yesterday the trial of George Drostel, indicted for arson in the first degree, was - resumed. Assistant District Attorney Rollins opened the Case ina leagthy, able and interesting address, calling the attention of the jury to the. horrible matare of the crime of arson, instancing tue Port- land and the Chicago fires and the more recent Durning of the residence of Mr. Stiner. He nar- rated the leading facts which the prosecution would prove against the prisoner, and predictea that fis guilt was so clear the jury would not leave their seats belore they rendered a @ verdict of guilty of arson in the first degree. George Droste! was jointly indicted with Edward Madiinger, who carried on tbe tailoring business at No. 66 East Twellth street. They occupied the lower part of the house, while Mra. Ellen Court- a, and family lived in the upper part of it. ene Peescunen. proved that the accused was fn- to Ward & Walgrove, cloth merchants, In Lispenard street, in September, the sum of $700 for goods, and Mr. Ward induced them to insure in tne German-American Insurance Company for $4,000 on Lhe 19th of September. Alice k. Barnswell, a servant tn the employ of Mrs. Helen Coartney, testified that on the 29th of December there were a number of persons in the three story brick house No. 66 East Twelith street ; that Droste! and Madlinger occupied the parlor floor as @ tailoring establishment, and that she and Mrs. Taylor and her child occupied a room ad- jotuing on the night of the fire. At noon of that day she went to the door of the defendant's apart- ments, when Drostel opened it wide enough to answer her question and immediately ciosed it; that she was sitting up that night and fell into a doze; between the hours of one and two o'clock she was roused by smoke, which almost suffocated her; she went to the front door and looked into the bay window of the tailor’s shop, the curtain of which was down, and then returned to the back rocin, when she saw that the flames had come through; she gave the alarm, and soon debte: | after a policeman came; the folding doors connect- ing the tailor’s store With Mrs. Taylor's sieepin; apartment being fastened, they broke the hasp o} ne door leading from the hall to the shop with a hammer; Miss Maeder was carmed out imsensible into the ‘street; the witness smelled turpentine during the day, and at noon sue saw Drostel carry out quite a large bandle. Mr. Mott cross-examined the witness, but nothing of importance was elicited. It was & boarding house, and she collected the rents for Mrs. Courtney; she was present when Mr. Need- ham and oti discovered after the fire some of paper, rp @ candle and other prepa- Omcer id to having attended the fire and breal im the door, The fire appeared to be in the southeast corner of the room, near one of the tables where cioth om nes tis firemen soon arrived and extit ed the fi Omicer Needham, of the Insurance Patrol, swore that he covered the two tables with an oilcloth cov- ering, and after the fre was extinguis! in compauy with another ofMficer, removed them and & further examination disclosed unmistakable evidences that the fire was an incendiary one; = f paper. two little canales fixed in a oard stand ahd py of cloth satur wi turpentine were png together, surrounded wi! large pieces of cloth unrolled so that they ignite cas ARS. © talloc, Yutivod taps he mage an Inventory of the remnants of cloth in the defend- ant’s premises, the aggregate value of which was fled that he examined the alter the fire and later took tel and Madlinger, which Mr. Roluns read. their rooms ; Madiinger ba tis bead il Droste! started back, sayings “Jesus! Taidurt do-it.” In his amday three it Drostel admitted that he leit his remises at eight o'clock on the evening of the re, This closed the case for the prosecution. Mr. Mott called Witnesses to prove the od character of Drostel, and proceete to ad- the jury. He frankly admitted the force of the proof adduced on the other side, and argued that the accused could only be convicted of arson Seine Butheriod charged the sary hi upon the law, and ey retired at five minutes to five o’clock to deliberate upon a verdicr, They were ovt five minutes, and returned with @ verdict of guilty of arson in the first degr: Mr. Rollins moved jor sentence. The Judge in passing sentence said that the crime of which the prisoner was convicted was an awful one, a Mother and her infant nang in an adjoining: apartment. He sentenced Drostel to imprison- Saee in the State Prison for the term of his natural fe. Mr. Rollins stated that he had the prisoner’s con- fession in writing, but was not able to introduce it Jegally on the trial. ESSEX MARKET POLICE COURT. A Noble Deca of Charity. Before Justice Flammer. In last Sunday’s HERALD appeared the arraign- ment o! a child of twelve years of age, charged with stealing. Her case was fully published, 2s was also her story, which revealed the sad facts that she stole to save her father and mother from star- vation, Justice Otterbourg, who was on the bench at the time, after hearing the lamentable tale re- vealed by the confession of the theft by the poor child, became convinced that there was truth in her statement, and sent an officer to find out the fuil particulars of the case, The result of his in- vestigations proved to the Justice that he was not Mistaken in his tmpressions and that the case was one of extreme destitution, He was compelled, however, to commit the onng, gin on a charge of rand larceny. Although the law necessitated her ficarceratiun, there were not wanting some kind people who sympathized with the destitute condi- tion of the young child. Mr, Joseph A. Kenyon, the Clerk of the Court, at his own expense, saw that everything she required was supplied her. The youthful prisoner, whose name is uisa Do- nenheimer, and who resided at No. 122 Attorney street, was astonished at the kind attentions which were paid toher. The very day that a state- ment of her case sppestad. tm the HERALD her parents were visited by many ladies of position, who, both by their presence and pecuniary assist- ance, shed a strong ray of sunlight over the hitherto dreary existence of the uniortunate family. In addition to all this several gentiemen called on Justice Otterbourg and volunteered assist- ance on behalf of the poor child and her parents. One gentleman, with the consent of the District Attorney, signed the necessary ball bond for $1,000; and Mr. Schultz, of the Children’s Aid Society, came into court and volunteered, on behalf of the Association, to send the whole to Ohio, The idea Was soon communicated to the parents, and they at once accepted the proposition with heartfelt thanks. In a day or two they will be on their way to a home in the West, where at least it will not be necessary for their children to steal to support them A Polish Sailor in Trouble, Bolestan Kivilitekt, by'p jon & son of the sea, appeared in court charging a far from pleas- ing looking female, by name Emma Reid, with appropriating bis pocketbook, containing $76. Emma said she never saw such money in her lifetime, but hinted very forcibly that she would have no objection to meeting gentlemen with such plethoric pocketbooks at night about Chatham street. Justice Flammer said he bad no doubt of it, and held Emma in $1,000 bail for triai. Benjamin Franklin’s Policy. Officer Healy, of the Seventh precinct, brought up a venerable looking old gentleman, who gave his name as Benjamin Franklin, charged with keeping a policy shop at No. 395 Water street. The officer says that . Franklin 18 chiefly known about Water street as “The safe.” The descent ‘was made on the den on Tuesday evening, but was 80 grrannee that no outsider was captured. ‘The rincipal was the person required by the police. ie was held in $1,000 bail for triaL AEFFERSON MARKET POLICE COUBT. Before Justice Kilbreth. “They stole a couple of blankets from my wagon in Broadway yesterday afternoon, Judge,’’ said Dan Costello, of circus renown, to Justice Kil- breth, at Jefferson Market Police Court, yesterday morning, at the same time pointing towords a couple of low-browed, vicious looking individuals, whom an officer of the Filteenth precinct neld by the collars, “You see, Your Honor,” continued the factie Daniel, “I was out for a little airing with a friend of mine, Mr. Theodore Robinson, and we stopped in Broadway for a couple of min- utes. J ran into a store and left ‘Robby,’ old boy, to look after the chargers; but you see, ‘Robby,’ he saw something in a window across the street that looked awful nice, and you see Rob just skipped over to take it in. While he was a doing this these here two chaps, the prisoners, lifts my biankets and skips off up the street. 1 nad my starboard eye on ‘em, howsomever, and so follered ‘em till L run foul of a cop, who kindly took the two gents into camp." ‘The prisoners had no defence to make and were Jocked up for trial They gave their names as Robert Short and Alvert Barry, Highway Robbery. Jane Pool, a dissipated looking damsel, from the vicinity of Sullivan and Bleecker streets, and Thomas Mahoney, with an equally hardened ap- pearance, were arraigned on a charge of highway robbery. Mr. Michael Breen, of the steamship Idaho, was the complainant, and a woul tale he had to relate. “Why, Your Worship,” began he, “indeed, | thought sue was entirely a lady. Imet ber on the street and she axed me where was lsvth street, To be sure, I could never tell her at all at all, for it’s not im this town that I live, sore I don’t know. Well, Your Worship, seein’ as how I couldn't tel her where 1ssth street was, she axed me to jist treat her to @ nip Ol ‘something, as the night was cold. Isaid, and ‘faith | will,’ to be sure, and, Your Worship, J jist axed her into a shop on the corner, bitters she spied me money. ILleit her there and | I went of down the street, and when { had been gone @ jew minutes up she comes again ; and falls atalking to me. I thought as | how mighty sociable she was; but jist ag I was a-thinking ofthis Iam ashadow i tnis here feller— (pointing to Mahoney)—dian’t hit me alongside the head aud tumbie me over. While | was he and a partner went through me and got all my, } Money, Which amounted to $487, Some policemen ! came up and grabved the woman and one of the | men, but the one as what bad my money got away.” Justice Kubreth listened patiently to Mr. Breen’s narrative and then committed Miss Pooi and Mr. Thomas Manoney to tuke their trial. COURT CALENDARS—THIS DAY. Surrey Court—Crecuir—Part 1—Hela by Judge Barrett. —Nos. 2 715, 1425, 865, 130334, 2081, 455, 505, 1307, 1309, 1313, 1315, 1321, 1337, 1843, | 1349, 1865, 1861, 1867. Part 2—Heid by Judge Van Brnnt.-—Noe, Re eg 1464. 1468, 1498, 1578, 2 » 1590, 1602, 1544, 1595, 1598, 1 i002? 1604, 1606, 1608. 1 166 AO SUPREME COURT—GENERAL TERM—Held by Judges Davis, Daniels and Donohoe.—Nos. 122, 40, 178, 179, 180, 182, 188, 71, 44, 164, 186, 187, 188, 189, Judge 190, 192, 193, 104, SUPREME CoURT—CHAMBERS—Held by Lawrence.—Nos. 25, 47, 55, 7, 81, 813, 93, 94, 102, 104, 185, 189, 200, 201, 206, 207, 204, 209, 11, ‘215, 217, 219, 221, 222, 224, 226, 228,-282) 235, 36, 238,'28832, 239, 244, 245, 249, 250, 261, 276, 281, 252, 43, 302, 407, 320, $25, 334, SUPERIOR OOURT—TRIAL TeRM—Part 1—Heid py | Judge Van Vorst.—Nos, 691, 61, 605, 749, 819, 795, 237, 708, 761, 773, 633, 837, 909, 911, 918. p= Held by Judge Sedgwick.—Nos. 676%, 702, 280, 722, 80, 686, 726, 740, 744, 500, 572, 764, 514, 668, 302 COURT OF COMMON PLEAS—TRIAL TERM—Part 1— Held by Judge Loew.—No. 612. Part 2—Ad- | Journed for the term. Magine CouRT—TriaL TERM—Parts 1, 2 and 3.— Aajourned ior the term. j Court OF GENERAL Sesstons—Held by Judge Sutherland,—The People vs, Jolus J. Blair, burglary; Same vs. Charles Cordiais, burglary; Same va. John O'Connor, John Barry ana Isaac Walsi burglary; Same vs. Jono Thomas, larceny am receiving stolen goods; Same vs. John Orr and William Jonn Gott, larceny and receiving stoien goods; Same vs. William Reynoids, grand jarceny. COURT OF OYER AND TERMINER—Held by Judge Brady.—The People vs. Victor Post, James McLaughlin and William Kobinson, robbery; same vs. William Adams and Jeremiah McGuire, feloni- ous aseauit id battery; Same ve. Joseph San- forelli and Giovano Caravano, burglary ; Same vs. Jonna Mc! hlin and John McCoy, burgiary ; Same vs. Patrick Murphy and Martin Joyee, burgtary; Same vs, James U, Kelly and mary Saurtlid, grand larceny, second offence. BROOKLYN COURTS. UNITED STATES DISTRICT COURT—IN ADMIRALTY. Disaster at Gow: Objigations of Towboat Owners—Decis- fon by Judge Benedict. Judge Benedict yesterday morning rendered the subjoined decision tn the case of Ezra B. Ely vs. The steamtug Mohawk, recently tried: — The towboat Mohawk, while engaged in taking @ tow of eleven canal boats trom Port Jefferson to the East tad turning tue buoy at Roving’ Reels, pre @ wind which raised so heavy @ ea ag 10 JU RP ARIG JO ASLEIURS Lo COMLQUe and, bless yer soul, when 1 was paying for our | J) course across. the Day againss ie and she thereupon bore away for the shelter of the breakwater #¢ Gowanus As ‘Was about turning the end of the breakwater, +4 before reaching still water some of the canal boats sunk, and among them one loaded with belong ng to the libellant, who now brings this ac- tion to recover ts value from the towboat, The negligence charged is that the towboat had taken voo large a tow, and, because of insuiicient power to do other took @ course for Gowan wise, whereby she improperly imperilled the can: boat and caused the ‘oss of the libellant’s coal, Upon the proois I am of the opinion that the wind and sea which this tow encountered were no more wan migny Teasonably be anticipated this season of the year in the locality 10 question. I am further of the opinion that the ligation is upon owners 01 towboats towing in this locahty to limit the size of their tows to the capacity of the boat to move the tows with reasonable de- spatch to the safest shelter at hand in case of meeting @ wind too heavy to permit the tow to Keep on across the bay the wind. For a tow situated as this one Was several courses are open. She may turn back into the Kills, or go down to Quarantine, or keep along the Jersey shore, or bear away before the wind for Gowanus breakwater. The latter course was selected b; the Mohawk, It is made evident by the proo{s th: with @ tow of eleven boats, no other course was possible for her owiug to her inability to move such & tow against the wind and tide. But it is not shown by aciear preponderance of evidence that any of other courses above indicated as open fora boat so situated involved less danger to the tow than the one selected by this boat. Upon the evidence produced in this cause J am unable to decide that the course which the boat pursued is not as sale @ proceeding as either of the others. The master of a tow situated like the presemy should not be convicted o1 negligence in selecting one of several courses open in sucb an emergency, unless it be made to appear by a clear preponaerance of evidence that ne selected a course manifestly more dangeroug than the others, Jn the absence of a clear weight of evidence to that effect I must hoid that the negligence charged hag not been wravedagathes the towboat, und the libel must be COURT OF SESSIONS, The Sprague Case—Still Another Post- ponement. Before Judge Moore, The case of The People vs. Ex-City Treasurer Cortland A. Sprague was called yesterday morning, pursuent to adjournment on Monday. Mr. Sprague did not appear. His counsel, Mr. D. P. Barnard, produced. the affidavit ofa physician who attended Mr. Sprague, setting forth that the defendant was prostrated by illness in New City, Rockland county, and that “any mental excitement or exposure to unheated atmosphere at the present time would be attended with serious and perhaps fatal results.” ‘The physician in question resides in New York{city and bag attended Mr. 8; 1@ for the past ten years for cystetis. Tne affidavit was sub- scribed to on the 27th, on which date the deponent last visited his patient. The doctor was of the opin- jon that Mr. Sprague would not be able to leave the house for 8 month. District Attorney Britton said he did not think that the case should be put off for such a length of time. If1t were postponed to a not very far dis- tant dar and the defendant was stil) unable to ap- pear, another motion could be made. After some further discussion Judge Moore de- cided to set the case down for February 9, it being understood that another motion would then be in order if necessary. CITY COURT—SPECIAL TERM. Decisions. By Judge McCue. John Rater ys. William Howland.—Motten for new trial denied, witn $10 costs. Jeremiah Hackett vs. Badeau et al.—There should be judgment for the plaintiff for the amount of bis work, labor and materials against the detendanta, with coats, Bernard Cr ve, George Elhins.—This was an action brought to recover for work, labor and costs. The jury found a verdict for $2,000 in favor of the plamtiff, A careful examination of the testi- mony satisfies me that the verdict of the jury is excessive. I have examined in detail the evidence of each witness who worked upon the job, and have computed tlie value of the work at the prices paid by the pjaintif. A{ter making full allowance, ‘as I believe, for all work, Ican only figure the same at $1,030 03. The motion for new trial is therefore antes unless the plaintif elect to reduce bis ver- lict to the sum of $1,030 03, with interest on the same from June 13, 1878, and if plaintiff shall elect within ten days from the entry of tnis order to so reduce the verdict, then the motion for a new trial is denied. No cosva of this motion. THE COURT CF APPEALS CALENDAR. ALBANY, Jan. K 1874, The following fs the Court of Appeals day calen- dar for January 20:—Nos. 92, 78, 25, 54, 77, 82, 94, 95. UNITED STATES SUPREME COURT. Decisions. WASHINGTON, Jan. 28, 1874, No. 191. Sloux City and Pacific Railroad Oom- pany vs, Stout—Error to the Circuit Court for Nebraska.—This was an action to recover for in- Juries sustained by a child six years of age in play- ing on a turntable of the company at the town of Blair, in Nebraska, The questions were whether it was negligence on the part of the company to leave the table unenclosed and open to the approach im or near such a village—the company in no other wavy contributing to the injury—and whether the negtigence was a question of law for the Court to determine or of fact jor the jury. The Court below submitted the question to the Jury as one of fact. and there was a verdict for the plaintif. The judgment entered thereon is here sustained, the Court holding, im substance, that where there is testimony tending to show negli- ce, it is for the jury, and not ior the Judge, to letermine the gpesrion, of proper care, or whether the facts establisned the negligence alleged. Mr. Justice Hunt delivered the opinion, No. 179, Tiffany vs. The Boatman's Savings In- stitution—Appeal from the Circult Court for Mis- souri.—This was a bill filed by Tiffany as surviving trustee of one Darby, a bankrupt, to recover money paid to the Savings Institution in discharge of a joan made to the bankrupt, and on which he had paid usurious interest. It was admitted that the bankrupt could not have recovered per- sonally, because he had paid the usury with- out objection, but it was contended shat, being a bankrupt when the usury was paid, the rights of the estate were superior to those of the institu- tion, and the trustee could not only recover the usury but the entire loan, under the statute against usury. This Court hold in substance that vhe jact of usury does not change the transac. ons between the partics which were lawtul, if not tainted with usury, so that Darby can recover back the whole sum, wnen Darby. if suing person- ally, could recover only the excess of interest. ‘The trustee has no larger interest than the bank- Tupt, and is entitled to recover only what Darby's estate was diminished by the transaction. To al- low him to recover the whole sum would be to transier to the creditors of Darby a sum exceeding $150,000, which he never owned, by way of pun ment to the bank for taking excessive inte A court of equity will not desl with contra affected with usury in this way. The relief it giv 18 always based on the idea that the money bor- rowed, with legal interest, shall be paid. Reversed with respect of certain accommodation notes on which usury was charged but not iound below, and the case remanded to enajie the cuit Vourt to ascertain in some proper way the e cess of interest paid thereon (nd 1 enlarge thi decree s0 a8 torecover the sum. 4 all other re- spects the decree of the Circuit Court was correct. Mr. Justice Davis delivered the optnien. No. 192 Home Life Insurance Company vs. Dunn—Error to the First Judiciab Court of Hamil- ton county, Ohio.—Defendant in error obtained a verdict against the company on a policy of insur- ance in the Court of Common Pleas of the State. Alter jadgment a new trial was allowed as a mat- ter of right under the statutes of the State. At the next term of that Court, and before further proceedings, the case was transferred to the Circuit Court of the United States, where tran- script was filed and the cause docketed within the proper time. * Subsequently a motion was made to dismiss the case for want of jurisdiction, and, be- ing overruled, plaintiff below was granted leave and flied an amended petition, which is now pend- ing. Thereupon plaintiff below, upon petition in error to tbe District Court of the county, obtained @ reversal of the order of removal. The plaintiff im error here then made application to the Su- reme Court of the State for leave to file petition jn error to reverse the order of the District Court, -Which was retused, the Supreme Court thereby, in effect, affirming the order of removal made by the District Court. A second trial was then had in the Commen Pieas, which resulted in a judgment for the detendantiutrror here, which was aMirmed by the District Court. This writ of error was brought to reverse the order of the District Court reversing the order of removal, and it is contended that the cause was properly removed, and, being 80, it was the duty of tate Court to proceed no further in the case. The Coart hold that the cause Was properly removed to the Circuit Court, and that the piaintif® below, having submitted to 1ts decision on motions therein , Was eat from prosecuting the case further im we te Courts, and reverge the afirmance- and judgment affirmed by the District Court, with directions to that Court to proceed no further in the case, Mr. Justice Swayne delivered the opinion. No. 58. The American Wood Paper Company va. ‘The Fiber Disintegrating Company, and No. 157, the latter against the former—Appeal from the Circuit Coart for the Eastern District of New York.—This ‘was a bill fllea by the Paper Company to restrain infringementa by the Disintegrating Company of several patents, alleged to be the property o1 the plaintit, for the manuiactare of paper pulp and fiber from wood, straw and other vegetable aub- stances. ‘The decree below found one of the pat- enw Void for Want of novelty; apotver valid, and * the Disin Company infringers of ft, and a third wae (gand uot to nave | been iniripged. From this decree both garsies nappesio’ to this Court, and te irmed, each party to pay ‘nis own’ costs in Court. Mr. Justice Strong delivered the opinion, No. 189, Wilmington and Weldon Railroad Com- ae va, Eiliott—Error to the Supreme Court of als of Vir ~Dismissed, Argued. No, 208. Hershfield et al. vs. Grimith et al.—Ap- peal from the Supreme Court of Montana Terri- tory.—This was an action by Grifitn and Thompson, in the District Court of the Territory, against one Starr and another, named Hennon, to foreclose a mortgage executed to secure the payment o! an instrument in the form of a due bill, given in set- Vement ofan sccount for buiing & quartz mill, acknowl ‘an indeptedness of 43% ounces of gold dust, and stipulating for pAmens, of ounces pef month additional until paid. The plaintiffs in error intervened, claim- ing to hoid a deed of the property mortgaged. The Verdict and judgment sustained the proof of the Plaintit’s mortgage over the intervener’s deed, ‘and the case is brought here on questions of prac- tice and procedure under the code of the Terri- tory, the appellants maintaining that the ques- tions on the merits are of equitable jurisdiction, and that the Legislature ofthe Territory, in adopt- @ code, exceeded its power under the organic when it abolished the distinction between chancery 4nd common law proceedings, the or- ie act hav! ized such @ distinction. ‘his distinction, it is said, cannot be obliterated in the federal The proceedings should re imbull ior aj ; Ash- ton and Wilson for appellees, hi “ No. 200, Robertson et al. vs. Carson—Appeal from the Circuit Court for South Carolina.—This was @ proceeding to change the appellants as trus- tees under the will of one Carson, of Charleston, 8. C., appointing them executors, they having con- verted the surplus of the estate into Confederate bonds, The case presents two questions on the when does the char- Si Shaul” estat Seale ities “at md, whether the change of investment into Confederate bonds— being 1n this case ier Bg od ber jon of the estate—charge wales erwinta seal tty le render vs e sults faction ofithe mortgage by the trustee. The Court below held that the change of instrament being made after the sarplus was in the hands of the ex- ecutors, what before was a le; then became a trust fund; and they who were before executors ressed with the character of trus- the purchaser as well as the trustee Was charged with responsibility in. the matter of the satisiaction of the mortgage. The decree was accordingly that the satisfaction of the mortgage ‘was @ breach of the duty of the trustee, and that the mor: 49 stall valid and subsisting, and that the eat! ion he cancelled and the plantation sold betore the accounting of the executors. ‘This decision is. assigned as error, the argument being that the executors acted simply as such and were consequently not ed with the failure ot the instrument, and ti the purchaser is not bound to see to the application of the purchase money. E. McElroy for appellants; C, Cushing and W. W. Boyce tor appelices. RAPID TRANSIT. A Tube with an Open Top. To THe EDrTos OF THE HERALD:— About @ year ago I suggested by 4 communica tion through your columns the construction of an elevated railroad of the common gauge, around the entire water frout of the city, along the East, Hudson and Harlem rivers, and forming a function with all the railroads -leading from the city to the East, Northand West. The said water front rail- road to have @ double track for rapid passenger travel and a8 mapy ks for freight as the busi- ness shall require, This road would run along the head of the docks and convert them all into freight depots, where cars from any road running into the city can be discharged of or receive its freight. I still believe this to be the only location of an efMicient line or hmes of railroad in the city upon which steam power can be used at very high speed without interfering with or endangering the travel and trackage of the interior streets, and that it would relieve the streets of a large amount of truckage that now has to be carried trom the several separate rallroad Gepots across the city for want of railroad connec- tions, Every faciity of this kind diminishes the cost of transportation and isan advantage to the trade and commerce of the city. No possible objection could be mage to the use of steam loco- motives upon an elevated railrvad along the docks, because none or very few horses or vehicles cross them except to the ferries, Underground railroads interfere with th water and gas pipes, are placed 0 far be almost inaccessible ; that most people dislike the idea of being placed in underground vaults which are idly ventilated while alive. These objections, added to the great cost of the underground road, places it out of the question, Tbe choice, then, for railroads through the foterior streets of the city must lay between the elevated railroad, upon which steam used, and the ordinary street rail- road, upon which horses only canbe used. If I were to design an elevated r: for the interior streets of the city I should prefer a curb line road, built upon a single line of columns of iron, stand- img about fMity feet apart, of ample strength, planted dee in the earto, restin, upon stone foundations and surrounded ma- sonry or concrete up .to the urface of Pavement, to them firmly in place. Upon these columns, at fourteen teet above the street, I would support a wrought iron, open topped, tubular roadway, of five and a half feet wide and four feet in depth, con- structed after the manner of the iron tubular bridge, in which I would lay a track of three tect in width, of steel ratls, laid upon continuous wooden sills, and packed between the wood and iron with strips of gutta percha, to deaden the sound of passing trains. This road would be entirely safe to the passengers in the cars and the street passengers beiow, and can be built to any required strength at comparatively small cost. This tubular railroad can be con- structed so as to present a very neat architectural appearance, without much extra cost from aby point of view, and if kept painted white would aid, by reflection, within adjacent buildings more light than it would keep out, and I think would rather add to than detract irom the beauty of many buildings in what are called respectable streets. The passenger stations for these elevated railroads can be constructed at all the cross streets and extended entirely across them by iron structures similar to the iron tube, and supported ‘upo! milar iron columns. The passage between these stations and the street pavements will be by stairs erected by the wails ef the butidings on | the cross streets. The enclosing of the engine and train within this tubular road would ren- der it next to impossible to throw @ train from the track into the street below or to injure a passenger either in the cars or street. It would also screen & view of the train from horses in the treet below as high up as the top of the tubular road or window sills o1 the cars. These tracks could be carved upon a radius so short as be tarned around any oi the streets running at Nght angles and olf ordinary width with entire safcty, Trains can be run upon these roads at intervals of five minutes, if necessary, and my belief is that upon experiment they will soon become so popu- Jar, profitable and useful that they will be con- structed in almost every principal interior street of the city. 1am respectfully yours, 4. R, CAMPBELL, Ctvil Engineer, PERTH AMBOY, N. J., Jan. 26, 1874 A HAUNTED HOUSE, Lively Ghosts in a Long Island City Dwelling—Invisible Objects Falling Down Stairs. A new sensation has appeared in Long Island City, and this time it is a “haunted” house. Tne dwelling is situated upon the Dutch Kills road, about two miles from Hunter’s Point. The land- | lord has found it dificult to rent the house, as its reputation was well Known. Last week a family moved in, they having procured the house for a mere nominal sum, declaring “they were not afraid of ghosts or the Uld Boy himself.” ‘The family consisted of five persons, and as the house ig a small one every room was occupied, with the exception of patior and kitchen. Everything wa: quiet until Monday night alter the ‘amuy ad retired wo Eg han alow moaning sound was distinctly heard by the occupants, and Mr, Daley arose and stepped into the hall, thinking somebody might be there suffering from the cold, as the night was a bitter one, Hero the sound seemed to be in che kitchen and he foliowed the noise, but it seemed %0 avoid bim, and when’ in the Kitchen it seemed to be in the parior, when in the parlor it was in the kitchen or in the cellar. He then went to bed. Shorty aiter this @ noise as of some heavy body falling down the stairs and deep sepulciral groans proceeded from the garret and hall. The crockery in the cup- boards was thrown violently to the floor, although vue Daleys firmly deciare the door was unopened. One of the children was so thorou; frightened that it was thrown into spasms and ite lie 18 how despaired of. “~ n Tuesday night the game programme was re- Peated with tue single exception that cries of “Marder! Murder!’ rang through the building, creating confusion in the family, and, notwith- standing @ rigid search was instituted upon the premises, nothing bas turned up which will throw any os ead upon the mystery. Yeste: moved out, though y sald to Stay, but they couldn’s ord Bs igation invo the affair be nt.” menCEd to- a PROTEST AGAINST THE NEW CITY PRISOS. One Thousand Citizens Oppose Measure. At @ meeting of the Board of Aldermen, held January 16, the following preamble and resolu- tons were adopted; on the 19th the Board of As- sistant Aldermen adopted the same, and the Mayor approved thereof on the 22a inst. :— Whereas the ee tarek ant oa hat oe new City Prison: Tor Bold Cy in the . city of New York:” and wh said prisop, under ead wet, has boon tmade by the Com eat the! and ps sker sin’ the: preuilaea by said Gx id selection; and whereas, in Sebi and of tho tact that the eng w Visions of said act of the Legt bt of the city, and in view # ioest questionable whether es ted; wad whereas it HAE the prevent Git Pron aa ged, mparatiy jared, i Sewer the needs of the ety Tor many Cone Herter ihe Common Council of ‘the city Tore eee the Counsel to the Corporation be asd Rete Sey Ty ataie” (Or Wher, ac yy ior the Sree ontic, nu act abolighing are an ep (nar anesthe a i oe Wo ae Migtaived, That the Clerk of the jommon, Come Bo of ea. fidous to each’ every. meme wofealed in Ad om te city and county of New York 10 tne Im connection with the sbove Alderman MoCaf- ferty presented a petition of 1,000 taxpayers. of the city of New York, praying for the repeal of the act providing for the erection of a new Oity Prisom in said city, and the Clerk was, on motion of Aly derman Kehr, instructed to transmit the game to the Legislature of the State now in sesaiop at Albany. » ‘The annexed ig the petition alluded to, which is signed by upwards of 1,000 of our best citizens, and was forwarded yesterday to Albany, a8 pro~ vided in the action of the Common Council:—~ ed owners, It tax) and mane a Ss chant era ea amare ine the Bloek ot land bounded by at langle Bay ing the bloek of land ard and Mott streets, in the Sixth w ed ed ie pornone CF Gee ore fi e Wing 8. ‘The said Gescribed ‘block. of ground will cost about Sot ana'the erection of & srwon and cours Rotee : 000, ma nearly Piao Doon Vode protestanis rurther say that the present 36,000,000. Your Siiminel prison (ite Tombs) is well situatsed, as Towards {is proximity to the City Hall (Park) courts, and. His Honor the Comptroller expresses himself favorably as to ite am sition, and we have consulted competent building mechanics, who will contract to Dus the present prison fh excellent condition, drainage, court rooms and Cells for 1,000 prisoners, ut a Cost not to exceed thereby saving our already tax burdened citizens some 000,000, which sam may be considered « low estimate the Court House 1p the City Hall Park may be cited as an example, as the commissioners are invested with full and unrestricted power and accountable to nobody. Tn view of tne above your petitioners earnestly pray that your honorable body, as our representatives, wi interpose and protect us. as far as i your power Tm unwise and reckless expenditure, and Your protestants, ay in duty bound, will ever pray. + THE SMALLPOX IN WESTCHESTER, Alarm Among the Inmates of the County Jaul—Petty Crime on the DecreaseHow the, Authorities of White Plains Se- cured a Pest House. The continued existence of smallpox in the County Jail at White Plains, Westchester county, while occasioning not @ little alarm among the motley inmates, would also appear to have had the effect of repressing crime throughout the county. Under ordinary circumstances thirty days’ confinement during the winter season is rather desirable than otherwise to the habituak vagrant or the petty thief, but now, when a com- mitment would bring them into immediate con- tact with the dreaded disease, the disorderly classes evince a peculiarly tender regard for the law. Thos far some five or six prisoners have been prostrated by the malady, the latest cage oo- curring. on Tuesday night. The patient was re- moved to a small shanty, formerly used by ratiroad Cie a eiciatedebon matie 3s mie Fae ong Vv 7 is receptacle has. el a l- ated’ by the town authorities, who have denomi- nated ita “pest house,” it at ot Neem | three prisoners who are suffering from a vi type of the smallpox. The only cage remaining in the jail yesterday was that of Alfred Dykman,,in+ dicted for murder, and who {s said to be Dow recoy- ering from an attack of varioloid. i are at~ hysician Teguiring medical treatment in the | tended by one of their own number, a pl who was indicted a short time sinee for All communication with the inmates of the dented to their friends or relatives, the only person. susering the paling trom outalde being the yailor, le] |. Ford. ‘ithough It 1s dimeutt to obtain any reliable m- formation a8 to the pumber of persons who are rostrated with the malady in the vi of hite Plains and other pertions of the county, there is little doubt that. several isolated cases exist in addition to those mentioned above. Around a negro settlement near the last named village a guard of white citizens keep watch to prevent the colored spoople from mingling with the outaide world, as the disease is known to exist among them, having been brought there by a dis- charged prisoner from the jail. Under jar cir- cumstances the malady was introduced into the village of Westchester, where it 18 understood that three or four persons have slready evinced, unmistakable symptoms of smallpox, FILLING UP TRE HARBOR, The Bill Before the Legislature—Letter from Mr. George W. Blunt. Mr. George W. Blunt, of the Board of Pilot Come missioners, in view of the bill before the Legisla- ture to prevent the filling up of the harbor by the throwing overboard of ashes, &c., from steam ves- sels, has forwarded the annexed letter for publica- tion. It will be noted that he holds the tugboats and similar smaller craft plying in the harbor guilty of the mischief complained of in the most cases, and exonerates the steamers of several ocean lines. Mr. Blunt, in conversation with a HERALD reporter, said that the bill sought to be passed had been referred to the Committee on Commerce, and it was a matter calling for prompt attention at the hand of the members, ag every day’s delay adds to the great damage being done tothe harbor by unscrupulous captains and en- gineers:— Naw Yonx, Jan. 28, 1874. To tax Eprron or tax Henacp:— Regarding the suggestions in the Hera ot this morn. ‘ing in reference to the filling up of the harbor,! peg to say that if the Legislature will pass the bill as prepared by the counsel of the Pilot Commissioners mueh age ill be prevented by the throwing overboard of e. You are misinformed as to the steamship lines, as ther/ are Jew if any complaints against them. It is the tug and harbor boats that do the mischiet, as they are fitte expressly with pipes leading from the firerooms inw th water for the purpose of raking the ashes into the river in violation of the law. . A draft of @ bill similar to the present one was sent the Legislature two years ago,but it was defeated thro the exertions and iniiuenee of the steam tag owners. spectfully, GEORGE W. BLUNT pA A Ra AA! } A SINGULAR SUICIDE, Coroner Croker was yesterday called to No.} Rivington street to hold an inquest on the David White, a schoolboy nearly twelve y age, who committed suicide the evening pre’ by hanging himself to the top of his bedroom by means of a book strap. Mrs. White, the m of deceased, stated that she desired her son his leisure hours {rom school to embark in Ol newspapers, in order to aid her in the of the family. This he refused to do. Eitnet feeling of humiltation or from other causes, objected to selling papers and told a member family in the morning before going to if he had a knife ne might cut bis throat, he would rather die than sell papers; bat portance Was attached to his remarks. vurning home from. school in the afternoon, fearing that he would be ordered to sell papers, avoided bis mother ana, sli) stairs, hung himself as stated. Forty Mrs. White, in betel for ber son, foid his lifeless form hanging to his bedroom door, id cus the vody down. “The jury rendered a in. accordance with the foregoing facts. KILLED BY A FALL, | Francis Flotzensky, a German, forty-fiveeara of age, on Monday fell from a wagon in Wes street, near pier 43 North River, and was so sotrely in- jured that death subsequently ensued. ‘he body ‘was removed to the Morgue, and afterwajs to late residence of deceaved, No. 568 Kast Arteent! sureet, where Coroner Etckho® was n hold an inquest, FROM WANT TO ORIMB, Subscriptions for the Family ye Donenheimer. | - To THe Epiror or THe HERALD:—~ Please apply encioset collection for Pove purr T. We R 8 ~oe 38s pererommerererersy SSsssssss ”