The New York Herald Newspaper, January 31, 1874, Page 11

THE COURTS. THE PROPOSED PARADE GROUSD The Grand Jury on Harbor Obstructions énd Street Encumbrances. Ld Express Companies Not Liable to Tax oif Gross Keceipts—Important Decision. ry BUSINESS IN THE OTHER COURTS. The Grand Jury, in the Court of General Ses- sions, closed their labors yesterday. Before their discharge they made an important presentment to the Court, in which they reviewed the subject of ‘the harbor obstruction arising from the discharge of river silt excavated from the docks, and of coal cinders and ashes from steam vessels on the ‘Waters of the bay and rivers adjacent to the city, the discharge of liquid re‘use from gas works into the sewers under the streets leading to the rivers, 4&c.; and submitting that, in their opinion, the law ‘was violated thereby, and requesting the attention of the Mayor and the Departments of Public Works, Docks, Health and Buildings to the same, so that Measures may be adopted to remedy the evils arising therefrom. In to-day’s law reports will be found that of a Suit against the city in which not only the verdict ‘was recorded against the city, but a severe cen- Sure passed upon the Comptroiler. The jury, in its verdict, says ‘‘that the Comptroller was gullty of negligence amounting to bad faith,” this alleged bad taith having reference to the retention of pa- Pers necessary for levying the assessment for the grading and regulating of a portion of Seventy- ninth street, THE MILITARY PARADE GROUND. That Backing Down Resolution of the Park Commissioners—The Commission- ers of Awards and Assessments Asking the Court Their Duty in the Premises— Feeling Among Property Holders. The Legislature of 1871, pursuant to the urgent entreaties of the leading officers of the First divi- sion New York National Guard and others inter- ested in the matter, passed an act providing for the laying out of a military parade grouna in the upper part of the city, To the Depart- ment of Public Parks and the Major Gen- eral commanding the First division National Guard was given the selection of the ground. This they did, selecting the locality between Kings- bridge road and the Harlem River, the plot thus selected comprising eighty-two acres. Judge Brady appointed Messrs. William C. Traphagen, William Seaver and Jonn McClave Commissioners of Estimate and Assessment. Shortly following the appointment of the above commissioners, tue Park Commissioners on second thought concluded, inasmuch as the ground se lected was so iar out of town, 80 remote irom the armories and a matter involy- ing such outlay and incrcase of the city debt, to stop any further proceedings on their part, and having obtained an opinion from the Corporation Counsel that they could do so, passed a resolution accordingly and let the matter drop. With this ‘the property holders in the vicinity were dissatis- fied, and ap application was made by the Commis- sioners of Estimate and Assessment, backed by these discontented property holders, to Judge Lawrence in Supreme Court, Chambers, for instruc- tions as to their dutics in the premises. Judge Lawrence directed av order to show cause to be served on the Corporation Counsel, and in obedi- ence to this order the matter was argued yester- day in Supreme Court Chambers. On the part of the interested property holders, of waom large mumbers were present, there was a_ large retinue of counsel, including exJudge Davies, John P. Shaw and Granville P. Haws, while fighting the battle against them, there appeared Wingte banded Mr. George P. Andrews, Assistant ‘Counsel to the Corporation, Additional interest attaches to the case irom the fact that not oniy Mayor Havemeyer is opposed to the scheme, but irom 4 bill already having been presented to the Legislature to knock the whole project in the head. ARGUMENT FOR THE PROJECT. Ex-Judge Davies opened the argument. He said that the Commissioners were officers of the Court through their appointment by the Court, and could come to the Court for instructions im regard to their duties. He insisted further that the Court had made an order requiring them to ascertain the value of the land required for the parade ground, and that while discharging their duties they had been served with the resolution of the Com- mussion of Public Parks, requiring them to — on the ground that the Park Commissioners hai discontinued the proceeding. He contended that the Commissioners had no authority to discontinue tue proceeding; that it was not a proceeding similar to those authorized by legislative enact- ment relative to the opening and widening of streets and ascertaining the value of lands lor peas squares as laid down on the map of the Vommissioners and made under the act of April, 1807; that the act of 1871 creating a special buard for laying out the public parade ground was mandatory, and that after the ground had been laid out and the map flied the land embraced in the parade ground was condemned to the public use and could not thereafter be used for any pur- pore by the owners; that, therefore, it was im- perative that this proceeding suould pro- gress = with all possible rapidity with a view to ascertain the value of the land so con- demned; that the Commissioners of the Public Parks, by virtue of the acts conferring authority in Telerence to this parade ground, had only cou- ferred on them the autnority to take the necessary Proceedings to acquire the title to the property; that they had taken these proceedings in applying to the Court for the appointment of comwis- sioners; that commissioners having, on their application, been appointed, their powers were exhausted, and that no act of the Legislature con- ferred upon them any power to interiere with the duties ol the commissioners or to discontinue their proceedings in the case, BACKING UP OF THE PARK COMMISSIONERS, Mr. Andrews, in reply, urged as his first point of objection that by law the present application could only be made through the Corporation Coun- sel. His second point was that the law required that notice should be given by publication in the newspapers and et eae of handbills for iour- teen days, Which had not been done. ‘His third point was that the application was unprece- aented, and without authority of law. le then went on to say that a receiver ap- pointed by the Court was required, as an officer of the Court, to obtain instructions as to his duty, but insisted the commissioners in street openings are not officers of the Court, and bad no right to call upon the Court for instruc- tions. he law required them to apply to the Cor- poration Counsel and not to the Court, His next point was that the Court wou:d not attempt to in- ‘struct the commissioners, inasmuch as it could make no order in the matter which would be binding on any one. The Court, if it saw fit, could express its opmions upon the questions of law involved. There was no _ occasion, hewever, for the Court to interfere. I, as claimed, the resolution discontinuing the roceeding was null aod void, the Commissioners fia only to proceed under the order appointing them, When the report was presented for con- firmation then only could the question arise as to whether the Department of Parks Nad the right to ass the resolution discontinuing the proceedings. Fe urged that the Department of Pubiic l'arks had a@ right to discontinue the proceeding under the statute providing that similar proceedings shall be taken in all respects in regard to the acquiring of title to the public parade ground as is authorized to be taken by section 6, chapter 697 Laws of 1867, He then quoted section 7, chapter 209 ot the Laws of 1839, providing that the Mayor, Al- dermen and Co.nmonalty shail be authorized at any time prior to the confirmation of the report by the Court to discontinue all further procecaings relative to such matter without the necessity oF applying to the Court for permission to do so. It was clear, he urged, that under these several laws all the laws relating to street opening pro- ceedings now in force apply to proceedings to acquire title to land for this parade ground, As to the discontinuance of such proceedings the statutes made it clear that the Department of Parks haa the same power in this regard as the Mayor, Aldermen and Commonalty of tue city. He insisted that there was no validity in the objec- tion that the Mayor General of the First division mast concur with the Department ot Parks. The jatter had the same power to discontine as it nad to institute the proceedings, In concluston, he con- tended that the objection that the discontinuan was @ hardship upon those owning property adja- cent to the parade ground was nota question jor be tag ad anes. me further argument ens dige Lawrence took the Papers. iingeeahnsee beaten IMPORTANT GRAND JURY PRE- SENTMENT. Harbor Obstractions and Strect Encum-!| brances—Hints for the Commissioners of Docks, Works, Health and Buiid- NEW YORK HERALD, SATURDAY, Ja cieaiens oo cond ene Se fe of the river excayi rom the docks, and of coal cinders and ashes from steam vessels in the waters of the bay and rivers adjucent to this city; the discharge of quid refuse irom gas works ipto the sewers under the streets leading into the rivers; the encumbering of Streets and sidewalks, and the erection of sheds aud enclosed buildings upon the bulk- heads and piers u the river Tespectfully submit that in the disc! of the silt excavated from the docks and of coal cinaers trom the steam vessel ito the bay and rivers, that the depth of their basin is decreased thereby, and that,’as a consequence, their tidal and fuvial volumes are impaired; that the light portion of the silt and the ashes discharged in this manner are borne away by the curren! \d are gradually deposited in the quiescent portions of the waters, As upon shoals and shores, whereby both thd tidal area aud volume ny lessened; and, as the resuit of tis reducuion of their volumo, their erosive ac- tion in malbtaiging the — red depth of water over the bar at Sandy Hovk ts gradagily lessened; that in the discharge of the liquid refuge from the gas streets, and the docks be- tween the piers, noxious vapors are exhaled therelrom, permeating dwellings, to the detriment of the heal our citizens, and discoloring vessels, buildings and merchan- dise subjected thereto; that, while we fully accord to the imperative requirements of commerce great privileges and necessities in the accommodation of merchandise in transit, yet the continuous en- cumbrance of the streets and sidewalks and the construction of inflammable sheds and euclosed buiidings upon the piers is whoily at variance with the requirements o/ our citizens in the transpor- tation of merchandise and facility of transit, and ie ey. ae cae the Viger moored to é piers, aud to ngs anc roperty upon the river streets, - eooearsien tes | born in Rockiand county, and who had pleaded | Guilty of breaking into the Post Office of Piermont and destroying letters therein, was sentenced to three years’ imprisonment and to pay a fine of $1, eentence to be executed in Kings County Peniten- tary. ‘Thais was the second time the prisoner had pen sentenced by Judge Benedict ior violating the James Kelly, who had also pleaded guilty of hav- ipg taken part im the offence Sommnisten tr Ora, and who, in reply to the Judge, said “he had no particular place to live in,” was sentenced to three years’ imprisonment and to pay a fine of $1, sen- one Ap carried into effect in Kings County Pen- Opening and Destroying Letters. Thomas Maguire, a letter carrier, in the employ- Moet Of the Post OMe, who had pleaded guilty of opening and destroying letters entrusted to him to deliver, was next called up for sentence. It Appeared, that when the prisoner committed the offence he was in a bad state of intoxication, and tore the letters open in a very public manner in a liquor saloon, He was sentenced to six months’ imprisonment and to pay a fine of $1. Smuggling Cigars. Edward Butler and William Gallagher, who had Pleaded guilty of smuggling a small quantity of Cigars, were separately sentenced. addressing Butler, the Judge said that offences of this kind were sometimes settied by a money compromise, and the effect of this was to screen men guilty of eater oifences than those who now stood before ‘im for sentence. But he must inflict some pun- ishment on the prisoners for engaging in illicit im- portation, even though it was small, and he hoped it was the last time they would be found engagin, Entertaining these views, we present the several matters reierred to a8 violations of the law and propriety, a8 nuisances demanding abatement, and that they are severally pregnant with injury to the commercial interests of this city, inductive to disease and discomiort to our citizens, the cause O/ an unnecessary destruction to their prop- erty, aud involving the loss of vessels, goods and stores by flre; and we furcher submit to His Honor the Mayor and the Departments of Public Works, Docks, Health and Buildings their consideration of these matters, CHAS. H. HASWKLL, Foreman. THOS. WOODWARD, Secretary. CONTINUATION OF LEXINGTON AVENUE. An Effort to Get the Report of the Commissioners Confirmed—interposing Technical Objections. The work of getting through to successful com- pletion the proposed extension of Lexington ave- nue from 102d street to Harlem River seems to be hedged about with interminable difficulties, While Property owners alfected by the improvement and those living in the vicinity are anxious to have the project accomplished, every- thing im the way of technical objections seems to be thrown in the way. The question of confirming the report of the Commis- sioners ol Awards and Assessinents in regard to the opening of Lexington avenue above 102d street came up for consideration yesterday im ba dg © Court, Chambers, before Judge Lawrence. r. Andrews, Assistant Corporation Counsel, called the atiention of the Court to the fact tuat the act under which the commissioners were appointed required 4 publication of the notice in one or more papers selected jor Corporation advertising. He objected that in this case, though the notice was pudlished in one or more of the city papers, it was not pub- lished in an oficial organ, none such at that time having been designated. He insisted that this objection might hereaiter be considered as @ fatal irregularity, depriving the commissioners of juris- diction and leaving the assessments liable to be vacated hereaiter by the courts, Li the Court, however, should be of opinion that the irregular- ity Suggested was without vitality to impair the legality of the acts of the commissioners, he was prepared to make the formal motion for the con- firmation of their report. Various counsel, representing various property je, urged owners to whom awards wad been m: the adoption of their report. Nearly ali pursued the sume line of argument. To the objection made by Mr. Andrews they based their opposition on the jact that, in numerous cases since the passage of the act of 1872 to vacate assessments imposed on the property of their cltents, in whico the question 01 irregularity in advertis- ing had been raised, that potut had been overruled uniormly by the courts, they holding that ail such Le sparralnaae were caused by the provisions of the act. At the conclusion of the argument Judge Law- reuce took the papers, reserving his decisiun. DODD'S EXPRESS COMPANY. Express Companics Not Liable to Tax on Their Gross Keceipts—lmportant De= cision. In the United States Circuit Court yesterday, before Judge Nathaniel Shipman, an action of a somewhat important character was tried. Alexan- der Spaiding, Collector of the Eighth Internal Revenue district, caused a duty of three per cent on the gross receipts of Dodd’s Express Company to be levied. He claimed that his action in this re, spect was sustained by section 104 of the Act of 1864. This law is to the effect that all persons do- ing express business are bound to pay a tax of three per cent on the gross re- ceipts of such business, The company paid the amount claimed under protest and then brought the present suit to recover back the sum thus paid. Counsel for the express company con- tended that the business they transacted was merely of ALOCAL CHARACTER, consisting of carrying boxes and parcels around the city; that, under the terms of the law, they could not be regarded as an express company, and that thereiore the government could not legally demand the tax. from them. The Judge stated that his opinion was that the act | had reference only to large express com- panies. The United States District Attoraey udvanced the proposition that the act applied to all who did any business as express companies. ‘The amount clatned tn this case 18 but $200. Judge Shipman directed a verdict for the express com- pany. ‘The matter thus disposed of was a test case, but other suits in relation to the same point in- volve an amount of about $40,000. The question had been uvder the consideration of the Secretary ot the Treasury and the Commissioner of Internal Revenue, and the conclusion they arrived at was that it was not within tue power of the Collector toexact the tax, but pending the result of tnis suit they had declined making any final decision. BUSINESS IN THE OTHER COURTS. UNITED STATES CIRCUIT COURT. Judge Benedict sat yesterday at No. 27 Chambers street, and proceeded to sentence the prisoners who had been convicted during the recent term of the Court. Charge of Perjury. Mr. Purdy, United States Assistant District Attorney, moved ior sentence upon Oscar F, Wain- wright, who had been convicted of perjury. Mr. Charles Wehle asked that sentence be post- poned, as he understood the prisoner nad made some disclosures, and would make some more. He believed that the prisoner was a victim, rather than a victimizer. He would ask a postponement until Mr. Rowan, who had deiended the prisoner, could be heard, Mr. Purdy stated that the prisoner had had ample opportunity to prepare for his trial. He now, in nis extremity, proposed to explain this matter, and give them an opportunity to come at men who, as he said, were more guilty than tim- self, Whatever statement the prisoner might make was open to suspicion, he having been con- victed of perjury. As he (Mr. Purdy) understood, the prisoner could not be corroborated to any great extent, though he said he could reach the man who hired him to pat bis name ona false bond. But after putting the government to the expense of a trial the prisoner could not be al- lowed to go at liberty because he pointed to a man who was not more guiity than himseli, He (Mr, Purdy) was satistied that the verdict was correct. Mr. Wehie asked a postponement of this matter on the ground of surprise, because he had been in- jormed that Mr. Purdy had said that he did nox be- eve the prisoner was guiity. Judge Beneaict—1 am satisfied with the verdict, and have no doubt of the prisoner's guilt. [ make this remark-in an emphatic way because It is too much the custom to make those statements alter verdicts 01 juries have established the guilt Ld eg) a 8 r. Wehle begged to withdraw the remark he bad made; he did not make it of nis own knowledge. He had not been personaliy eugaged inthe case, aud it might be that the disclosures which the prisoner had made were or were not satisfactory. Mr. Rowan, who had been engaged in the case, Was not now present. Without saying anything of the justice or injustice of the case he did not think that sentence snould be pressed for now. Judge Benedict—That is a question for the Dis- trict Attorney. Mr. Weble asked, as a matter of professional fa- yor, that the matter be postponed until it could be looked into. Mr. Purdy, in reply, said he wonld accede to this appeal and move for sentence on the 7th of Feb- ruary. Sending an Obscene Acticle Through the Mails. ings. The Grand Jury of the Genera) Sessions ended ita labors yesterday and made the following pre- gentment :— GRAND Jury Room, Jan. 30, 1874, The Grand Inquest in and tor the city and tv ai New York, having emtertaimed and Lonts Zellner, who had beew convicted of send- ing an obscene article through the mails, was sen- ome Opinion by Judge Daniels, ja sueh an operation. They-were each sentence: ‘to thirty days’ imprisonment. Counterfeiting. John Moorehead, convicted of counterfeiting, was next brought forward, The Judge told him that this was not his first offence. He had been pre- viously convicted, but was pardoned, “From all that I have been able to ascertain about you,’ said the Judge, “I think the proper course would be to inflict upon you @ severe punishment. You must be imprisoned seven years at hard labor aud pay a fine of $1.” ‘he prisoner, when he heard the sentence, made some exclamations and attempted to hand a parcel of papers to the Judge. He laid hold of the rail in front of the bench, and it was with diflicult; that two of the officers could puil him away, witch they finally succeeded in doing. The Case of George B. Davis—Ex-Col- lector Joshua R. Baitley—Motion to Expunge the Record of Davis’ Con- viction. Mr. Samuel Hirsch, holding a bundle of aM@davitsa in his hand, proceeded to make a motion that the record of the conviction of George B. Davis in this Court, in July, 1869, for perjury, be expunged, on the ground that Davis, alter having served out a portion of iis sentence, had been pardoned by the President, This pardon, as counsel claimed, re- stored Davis to all his rights as a citizen, and wiped out the effect of his conviction. It now ap- peared that all that George B. Davis had said re- specting ex-Collector Joshua R. Bailey was true. If Davis had been convicted by a witness of reliabil- ity let that witness come forward; iet Joshua BR. Bailey, who was now A FUGLIIVR FROM JUSTICE, come back and iace the music. _ Judge Benedict (emphatically)—Tbhere must be a limit to this, 1d0 not ieel bound to sit here to listen to an argument upon ailidavit for the pur- pose of showing that alter six or seven years the record of this conviction should be expungea. Mr, Hirsch—It 1s only five years. the indict- ment was found on the 80th of November, 1868, and Davis was convicted in July, 1869. , Judge benedict—1 do not want to sit here and ‘sten to au argument upon affidavit to snow that Ashould try to retry @ man who has been sen- tenced and has undergone a part oi his sentence. I must repeat in this case, as I have just done in another, that 1 do not desire to near counsel state that there is no doubt of the man’s innocence at all when he has been fairly tried and five years have elapsed since he was convicted. The jact that the Executive, after the convic- tion of & wan, pardons him, is no evidence at all upon the subject of his guilt or in nocence. Ido not question the right of the execu- tive to exercise that power, Wuether a man be guilty or innocent. I have some recoliection of this case, and it is useless to take up my time for the purpose of interiering with the record aiter so long @ time has elapsed. Mr. Hirsch replied that Mr. Samuel G. Courtney and Mr, Pierrepont would attend oefore Court in this matter on citation, if i> were necessary ior them to appear. He (Mr. Hirsch) would show the conviction of three of the witnesses who had been procured to swear away the liberty of George B. Davis. Juage Benedict denied the motion. SUPREME COURT—GENERAL TERM. Winding Up the Business of the Term, By Judges Davis, Daniels, Donohue and Barrett, There was a protracted session of this Court yes- terday, the object being tne winding up the busi- ness of the term. During the month an unpre- cedented mumber of cases has been ar- gued, and what is more the decisions have been rendered with unprecedented promptness—a result that cannot tail to give to the judges now constituting this Court increasing popularity with the members of the Bar. Among the last cases argued was that of Joab Lawrence, whom the Governor 01 Michigan has for some time been try- ing to get back to that State to answer a charge of alleged conspiracy, ‘This case Las been so frequently beiore tne Courts, in Supreme Court Chambers, in the Court of Oyer and Terminer and United States District Court on habeas corpus proceedings, that the facts are already tamiliar to the public. ‘fhe argument between Ar. Willard Bartlett, on behall of Mr. Lawrence, and District Attorney Phelps was lengthy wad able on both sides, but resulted, as wil be seen in the decisions given below, ina dis- missal of the suit, lt was alter four o'clock when the Court adjourned, which was till the second Monday of February, Batch of Decisions. The following decisions, all being of cases which have been argued during the present month, were rendered by the Court:— Cornelius Burling vs, Margaret King.—Motion denied, with $10 costs, Opinion by Judge Davis. dames Coogan vs. The Mayor; Michael Dojan vs. The Same; Joho Brennan vs. The Same.—Motions denied, without costs. Opinion by Judge Davis. ‘thomas Hoiuloway vs, Benjamin F. Stephens, aa with $10 costs. Opinion by Judge aniels. Edwin R. Brink vs. Republic Fire Insurance Com- pany; Same vs. Hanover Fire Insurance Company; Same vs. Germania Fire Insurance Company ; Same vs. Magam Insurance Company.—Order reversed, and order of reierence vacated on pluintin’s stipulating that the evidence of witnesses now ab- sent from the State taken before the referree be read on the trial at Circuit. Opinion by Judge Daniels, Judge Barrett dissenting. . Charles A. Whitmore vs. Burhans Van Steen- burgn.—Order appealed from reversed, with $10 costs, and motion to vacate arrest denied, with $10 costs. Opinicn by oa Be Barrett. Mary Delany vs. Martin Deiany.—Order affirmed, with $10 costs. Opinion by Judge Davis. David H. Wallace et al. vs. The American Linen Thread Company.—Order reversed, with $10 costs, and commission granted. Elizabeth Brinkley vs. Hugh L. Brinkley.—Order tou, with $10 costs. Opinion by Judge Bar- ret In re John J. Astor.—Order affirmed, with ¢10 costs. Opinion by Judge Davis, Charles A. G, Depew vs. Cynthia B. Dewey.—Or- der reversed, Opinion by Judge Daniels. Trenor W. Park vs, Thomas B. Musgrave.—Order reversed, with $10 costs of appeal, and a motion to continue injunction denied, with $10 costs, Upin- jon by Judge Barrett, Amos 3. Rogers, assignee, vs. George Schmersal et al.—Order reversed, with $10 costs, and motion denied with $10 costs, The People vs. Frank R. Sherwin.—Order af- firmed. Opinion by Juage Donohue, Henry Berzold vs. Charles Puchta,—Order af- firmed, with $10 costs, Opinion by Judge Daniels. David B. Richards vs, Orange Judd.—Order al- firmed, with $10 costs, Opinion by Judge Davis. Eaward 8S, Innes vs. Margaret Purcell,—Order denying motion to remove reieree denied, with $10 costs, Order allowing referee $100 ior his fees re- versed, with $10 costs, Opinion by Judge Daniels. Same vs. Same (five cases).—Orders affirmed, Maria Pauline von Rbade vs. Adolph yon Rhade.—Order appealed trom modified and ai- firmed as modified. Opinion by Judge Daniels, Judge Donohue dissenting. Aivah Miller vs. Charles 8. P. Bowles; Nathan Appleton vs. Same.—Orders aillrmed, Opinion by Judge Dononue. Elisha D. Whitney vs. Richard Pemston. Order aftirmed. Opinion vy Judge Danieis. Betsy Mitchell vs, Martin J. Bunn.—Order re- versed and order to be entered im conformity to opinion. Opinion by Judge Danicis. Samuel & fredweil vs. Ralph M. Pomeroy; Same vs. Same.—Appeals dismissed, with $10 costs. Opinion vy Judge Davis. ‘alter W. Price va. Juliet Price and Constance B. Price.—Order appealed trom adirmed, with $10 ie Bowery National Bank vs. The Mayor, &c.— Judgment reversed and new trial gtanted, costs to abide event, Opmion by Judge Davis. Jobn J. Davenport vs. The Mayor, &c.—Judgment aMrmed. Opinion by Judge Donohue. Dennis Hogan ve. The People.—Conviction af- firmed and proceedings remitted for sentence. Opinion by Judge Donohue. Richard E, Mount, Executor, vs. Nathin D. hn adirmed. Opinion vy Judge a The People ex rel. Margaret J. Leary vs. Thad- tenced to one year’s imprisonment. Breaking Into a Post OMice. Daniel O’Brien, @ boy about eighteen years of SRG. WhO stated. in renly (@ the Court, that he waa deus H. Lane, Justice, &c.—Proceedings reversed, with costs. Opinion by Judge Donohue, ©. Bainbridge Smici inchester Britton.—Judgment at ry Judge Davis. Milton 4, Goodenough vs, William 4, Sgencer.—_ t am “ed, with costs. Opinion by sudge Ju r “sran Ann Splain vs. The New The People ex rel. York Agvium,"“Procect. amirmed. Opinion by judge Daniels, ‘ aE David Banks et al. vs, one '"*, Anunt te be Order modified so as to direr Ys) mr 4 paid to the widow secording tu thie wfatute, Opin ion by Judge Daniels, ‘The People ex rel. Sas'Y, Tati’ Ys. Wn. 7 Walton, “Proceedings affirmed, Opin, Py stv," Henry Alker, Public Adumtmistrator,.ys. Moritz on.—Order aftirmed, with ¢10 cos! James P. Decher and Lorin Ingersoll.—Order firmed, with costs, with leave to defendant to an- Swer in twenty days on payment of oos' Joseph W. Savage vs, Josephine Allew.—Order re- versed, without costs. ‘The People ex rel. Joab Lawrence vs.John R. Beats, Sooo; &c.—Proceedings atirmed and writ Newly Fledge@d Lawyers. The following gentlemen having successfully passed their examinations to the Bar, were yes- terday duly sworn in as attorneys:—Messrs. Wil- lam VU. Dorney, octes Tompkins, James B. Roe, Edward J. Cramer, Hermann Stiefel, Emmett &- Olcott, Walter H. Coleman, George U, Zabriskey, Charles N. Harris, George L. River and Walter Conway. SUPREME COUAT—CIRCUIT—PART 2. Verdict of Censure Against Comptroller Gre Before Judge Barrett. In yesterday’s Heap wus given the particulars ofa suit brought by Charles Devlin against the city, Ww recover some $32,000 on a contract for grading and regulating Seventy-rinth street, between Ninth and Tenth avenues, The Comptroller refused to. pay the amount of the claim, unless Mr. Devlin would consent to the reduction of $5,000, the amount for which he was surety on the bond of the previous contractor, who abandoned the job. The jury found that the plain- tiff was liable on his bond of $5,000 because of the abandonment ol the contract by tne former con- tractor, and that “the Comptroller was guilty of negligence amounting to bad faith in retaining the papers necessary ior the levy of the assessment,” and that the whole sum became due. ‘The verdict was rendered for plaintiff for $28,252 88, including interest, the $5,000 on the bond of the plaintif be- ing dedncted. An allowance of $500 was also d, aane this additional sum to the costs of By Judge Lawrence. Bodner vs. Bodner, Schloeninger vs. Schioe- minger.—Reports confirmed and judgments of divorce granted. Wood vs. paul.—Judgment granted. In the matter, &c., Freeman De Long va. Ditten- hoffer, Fagan Walsh, Schenck, &c., vs. Ingra- ham.—Memorandums. Chumero vs, Lee, &c,—Receiver appointed. In the matter, &c., Young; in the matter, &c., New Amsterday Insurance Company, Krikara vs. Sucby.—Orders granted, By Judge Brady. Bartlett vs. McNeill.—Granted. In the matter, &c., Maller.—Memorandum, SUPERIOR COURT—SPECIAL TERM. Decisions. By Chief Justice Monell. Eisner v8. Misha, Talcott vs. Belding, Gurley vs. Lewis.—Orders granted, Strits vs. Loch et al.—Motion for reference and receiver granted. Moses vs. Waterbury Button Company.—Motion granted, &c. See opinion. MARINE COURT—CHAMBERS. Decisions. By Judge Joachimsen. Undernill vs. Merchants’ Lite insurance Com- any, Kommel vs. World Mutual Lite Insurance Jompany, Hawkins vs, Breen.—Motions denied. Lowenbein vs, Howe, Whitney vs. Oberndortf, Richardson vs. Bussing.—Motions denied, COURT OF GENERAL SESSIONS. Burglarics.and Larcenies—Close of the Term. Before Judge Sutherland. In this Court yesterday Joseph Hopkins, alias Charles Melville, was tried and found guilty of grand larceny. The evidence for the prosecution was that on the 2d of September he, in company with another man, went into the rubber store of | Hodgman & Co., No. 27 Maiden lane, and while a clerk was showing him goods Hopkins stole $100 in bills from the drawer of the desk. The testi- mony was circumstantial, but conclusive, espe- cially in the absence of any evidence for the accused. Mr. Kintaing defended’ Hopkins, and availed himselr of every legal technicnl objection which his experience and skill s uggested, District Attorney Rollins informed His Honor that the accused, although very youthful looking, had been convicted in 1872 of a similar offence and sent to the State Prison, but for some reason or other he was pardoned, The City Judge sentenced Hopkins to the State Prison for four years and six months, Mary Jane Sutherlaod, alias Annie Sinclatr, pleaded guilty to grand larceny in stealing, on the ‘21st inst., Wearing apparel valaed at $304, belong- ing to Georgiana E. Matthews. This prisoner has recently been discharged from the Penitentiary. ‘the Judge sent her to the State Prison tor tour ears. u John J. Blair, the youthful Harlem burglar, who pleaded guilty on Ihursday to burgiary in the third degree, Was sent to the State Prison for four ears. William Murray, who, on the 15th of January, stole four dollars from the overcoat pocket of Charles Roege, pleaded guilty to petty larceny trom the person. William Reynolds, who, on the evening of the 12th inst., was discovered in the house of Patrick Maher, No. 228 West Thirty-sixth street, with in- tent to commit @ larceny, pleaded guilty. ‘hese prisoners were each sent to tue State Prison for two years and six months. Bernard Doran, a boy, pleaded guilty to stealing sixty cents from the overcoat pocket of William C. Long, on the 8th of this month. He was sent to the House of Refuge. Henry Harris, colored, indicted for burglariously entering the house of Charles Corn, No. 489 Canal street, on the 14th of January, and stealing twenty caps, pleaded guilty to burglary in the third de- gree. His Honer seat him to the State Prison for three years. Carrie Lee, charged with stealing a pocketbook contaiuing $29 from John Rouse, pleaded guilty to petty larceny. She was sent to the Penitentiary lor six months. Abraham Franklin, who was indicted for steal- ing €90 worth of household property on the 27th of October from Isaac Franklin, lis father, who tnter- ceded for his erring son. He persisted in saying that the youth would not steal trom anybody else, and that he was only sixteen years old. This state- ment caused considerable merriment in Court, from the fact that the boy himself was equally sure that he was nineteen years of age, and his appear- ance indicated that he could pass for twenty-one. His Honor sent Franklin tothe Penitentiary tor one year. Larceny of a Horse and Wagon. Peter Gillespie was eonvicted of stealing a horse and wagon, on the 15th inst., worth $350, tne property of Matthew Cairns, who left the horse standing in Baxter street. The boy was caught in Broadway by an officer. As it was shown the ac cused was under the influence of liquor, the jury recommended him to mercy. He was sent tu the State Prison for eighteen months. An Acquittal. Anthony Pratt was tried upon a charge of stab- bing Marcelo in the throat and legs with a pocket knile, on the 18th of December. The evi- dence showed that the parties were Spaniards, | aud rival venders of Yankee notions on board Spanish vessels, and that on the day in question they quarrelled. The statements of the complain- ant and the accused were at utter variance with each other, Pratt claimed that he used the knile in sell-defence, Which resultedin @ verdict of not guilty. The Tompkins Park Rioters Indicted. ‘The Grand Jury. found @ bill for riot and assauit | and battery growing out of the Tompkins square riot against Charles Dress, Adolph Refler, Jotin Muller, George Dierberger, John Englehard, Justus | Schwab, Herman. Lizaeheski and John Gutchi Shortly before the Court adjourned Justus Schwab. | was bailed iu the sum of $1,000. ‘The petty jury were discharged for #e term. HARLEM POLICE COURT. Twenty-first Arraignment of a Fe- male Rounder. Margaret Leddy, aged thirty, well known to the residents of Harlem as a chronic vagrant, was yes- terday arraigned before Justice Murray at this Court, charged with stealing a watch, the property of G complainant ig & starter in the ba f ol the Sec- ond Avenue Railroad Company, and the timepiece ‘was stolen from him watle sleeping ina chair at the iuith street depot. ‘The watch was found on tne iw of the accused when arrested by OfMcor jonnis, of the Twelfth precinct, She was com- mitted for trial in default of $500 bail. ‘The officers of Court affirm that the present makes the twenty-first arraignment of Margaret before tnat tribunal on charges varying irom in- toxication to larceny from the persons he was irequently committed to the ind by Justice McQuade for terms of ten, thirty and 7 The orge Buell, of No. 422 East 118th street, The } NUARY 31, 1874.—TRIPLE SHEET. the sentence imposed. An inquiry into these re Deated evasions of punishment was made, bat it moet in no satistacvorp explanation of the SEFFERSON MARKET POLICE COURT. An Editor in Troubic, Before Justice Kilbreth, James McDermott, the editor of the Brooklyn Sunday Express, was arraigned yesterday on a charge of shooting John McDonagh, the proprietor of the liquet Saloon No. 392 Bowery. ‘The testi- mony in the case stated that McDermott drew cevolver to protect bipeeit from the oman ors nm, named Patrick Byrnes, and McDouagh Spre%g between the parties and Was shor acciden- tally, . is aueged that Mr. McDermott's wife has been ins. dtuting divorce proceedings against ner husband an. that Byrnes was employed as a pri- vate detective 60 “work up evidence.” Meeting on Wednesday nig. in the saloon mentioned the arties had some Ot words, which fluatly ended in lows and the accia tal shooting of an innocent arty. Mr. McDonagh, Who Was shot, isan old ang Reavy man and has bees Suffering from paralysis for some time. He becan% bail or McDermott and was at once accepted. ESSEX MARKET POLICE *, CURT. A Fatal Game of Ma'tbles. Before Justice Flammer> : Patrick Murphy and Patrick Brady, two des- perate looking young gentiemen of about ten years of age, were arraigned and committed in de- fault of $1,000 batl on a charge of stabbing Robert Handa in the back while playing a game of marbles, The boy Hand is in Bellovae Hospital under treat ment, and lis assailants were committed to await the result of his injuries. In Search of a Truck. Nicholas Meyer was put under $1,000 bail for stealing @ truck wortn $100 from Charles Hecker, of No, 151 Ludlow street, The truck was left out- side a stable owned by Hecker, and, when the day- light came, it was gone, Meyer, of course, denics all Knowledge of being concerned in the theit. BROOKLYN COURTS. SUPREME COURT—SPECIAL TERM. Yesterday’s Decisions, By Judge Tappen. Daniel Lord, Jr., vs. Sterne et al.—Motion de- nied, with $10 costs to abide event: The People, &c., vs. Kaiser.—Writ of habeas corpus quashed and prisoner remanded, tillam B. Lawrence vs. Oswald Carman.—Mo- tion granted, with $10 costs. George H, Roberts vs. Angeline Decker.—Motion to open deiault and restore appeal to General Term calendar denied, with $10 costs, The People ex rel. McGarrity vs. the Supervi- sors of Westchester County.—Motion for manda- mus denied, with $10 costs. By Judge Pratt. Mobrman vs. Booth—Fiv ecases.—Motion for com- missions denied, with $10 costs. CITY COURT—SPECIAL TEAM. Yesterday’s Decisions. By Judge Neilson. Reinhardt vs. Wilson.—Case and exceptions set- tled as amended and filed. Mary E. Bagley vs. Bagley.—Judgment of divorce for adultery granted. Simonds vs. Dipper.—The injunction must be continued until the case can be heard on the merits. kyer vs. Woodward and Others.—New trial granted. The jury were justified im finding that a portion of the property attached belonged to the plaintiff, but the eviden ending to support the claim that the defendants, creditors of the former owner, had airected the officer to attach the goods Was not suflicient. COURT OF APPEALS CALENDAR. ALBANY, Jan. 30, 1874. The following is the Court of Appeals day calen- dar for February 2:—Nos. 82, 94, 95, 86, 93, 90, 96, 99. UNITED STATES SUPREME COURT. WASHINGTON, Jan. 30, 1874, The original case of Florida vs. Anderson and others, involving the title to agreat amount of railroad property in Florida, was to-day argued before the Supreme Conrt, the State maintaining her right to a restoration of her bonds issued to the Jacksonville, Pensacola and Mobile Railroad, | consolidated with many others in exchange for bonds issued by that road, alleging that the inter- est has got been paid and that, under the act authorizing the aid to the road, the Governor is entitled to take possession, but that he is pre- vented irom so doing by che Untted States Marshal, who holds it subject to a decree of the Circuit Court and proposes to sell itin satisfaction. The | deiendants contend that the interests of the State | were represented in the suit in the Circuit Court | by her Board of Trustees of Internal Improvement, and that she cannot therefore maintain the pres- ent action. The State asks ud order restraining | the sale under that decree, averring that it will deieat her claims to the fund, alleging fraud and | collusion, ‘The case involves many millions of dollars and is very complicased in respect to the interests represented. H. R. Jackson appears tor the desendants and W. W. McFarland for the State, RAPID TRANSIT. Relief in Sixty Days by To THE Epirok OF THE HERAL! ‘The most sensible remarks about rapid transit which I have seen in the columns of your paper appeared this morning. The communication was from a lady advocate of the underground plan, | and it contained a timely allusion to the fact that | rapid transit has ceased to be a problem—that it is merely a question of money. Given the right of | way, time and tunds, any engineer of average abil- | ity can design and execute a useful and enduring work under ground which shall extend trom the | centre of Brooklyn to the centre of Yonkers, The tunnel, except those portions under the rivers, | could be made nearly as free to sunlight and very | much mot agreeable to olfactory nerves toan | the Park avenue tunnel. Candidly, the engineer would encounter many very serious obstructions, | but no obstacle. It would require a clear brain and some staying power, ample time and a well | filled purse, It could be finished within ten years at an average cost of $6,750,000 per miie. Such a work would leave @ iavorable impression upon the mind of Mr. Macaulay’s New Zealander il he | happened to come this way, and I think he will come; for the fume of that stupendous engineer- ing {eat in Greeuwich street has gone abroad. The jollowing temporary accommodation could be made available within sixty days:—Let the proper authorities issue an order forbidding the present trailc on the roadways of Second and Tenth nues between the hours of five and seven o'clock A. M. and five and seven P. M. Put down four tracks of Bessemer steel) rails on each enue, and on each track a train o1 thirty large cars diawh by two powerlul locomotive engines, one at either end, with cow catcher outward. Eighteen hundred passengers could be comfort- | ably seated in each train. The cars nearest to the curbstones wo stop every mile, the others to | run al! the way through. During tne day engines | and cars to remain idle at Houston and Tweltth | streets; during the might at the north end of the | island, The wains tobe run under a full head of steam, with the throttle wide open. Many a fool would lose nis life in attempting to cross the tracks, but that should not imconvenience us in the least; it would be a clear gain to the rest o} the inbabi- tants. it I am not rapidly losing two of my fiye senses the railway companies under the root ot the Grand Central depot, at Forty-second street, own sufi- cient, “strong” “old style” rolling stock to equip four avenues, JAMES L, VEKPLANK, C. E. New YORK, Jan, 28, 1874. rface Roads, A Cheap Pian, with fast Cars, for Each Avenue. To.tHe EpIvoR oF THE HERALD:—~. As the subject of rapid transit seems to be yet | unsolved I will suggest @ plan, which tc,me is new, | perfectly feasible, at nominal cost, available in winter as Well as summer, and also to. the present generation iu particular. The pian is to place | both the tracks close together, like those of an ordinary steam road, in the middle of the avenue, | and enclose themin an ornamental structure of wood or iron, with continuous windows from a | bottom ine, level with those in the cars, and ajso | overhead if desired. This will leave the cars as light ae.day, and thus allow the engineer and con- ductor to see passengers 98 well as now, and those | on the street to see the car as Well. The structure | to be entirely open at the cross streets, There | being no snow on the track between the crossings, | a Small plough on each tenth or twelfth car would keep those entirely clear, or the snow couid. be re- moved with very littte manual Labor. It may ve Urged that there Will be danger at the erossings. No more so than now, if as much, be. | cause the victim would have to plant himself | squarely on the track. Jt may be said, too, that ie Will obstruct the street. ‘This 18 not so, for it would jorce each vehicle to keep to Its own side, thereby blockades, which would only occur at ‘and, with my car (which | will hereafter explain), @ comsideravie time may be allowed be- tween cars aud still make doubie the number of a | muse be built economically. : 1 why was it not brought eral use? For the aimple reason tua toes eget is it with me had not the energy to fight that > bear, “dt will (ged horses,” when in reality it is the poor timid man tiat becomes irightenea, and jor fear that the horse would aiso, he atrenu: ously objects to the new car, as of yore, when rail- roads first started, The above car is now at Vol- lege Point, L. L, and is @ common horse car, with a smal! botler on outer end of cach platform, sheathed ana the same as the car body, aud provided with @ shrottle valve, reverse lever and brake on each platiorm, Where the engineer stands, with unobstructed view, like the present driver, thereby avoiding turntables, The engineer 1s underneath, with water tanks under the seats, which enables the car to accommodate the same number of ingress and egress at hour the machinery, full load of Lhave ireqasiiey. (with Passengers) brought tt to @ dead stop within twenty leet, when going at a 8) of twenty miles per hour, and it is suf uently powerful to draw four or five other cars on any of the avenues. The ash pans are iso enclosed, so that no fire is dropped on the street. Li all'above the bottom of the car windows be constructed of iron and glase the view across would beampie, The windows may alsy be 80 constructed ax to be let dowm during the summer season in like manner to those of the car. 1 belleve, from experience, that with the above arrangement the trip from Chatham street to Yorkville can easily be made, with all stops, in twenty minutes. ‘Then, agai, eaeh ave- nue may have its rapid transit, and thas @void Crosstown travel to reach the car. ‘This i# Dy 1ar the cheapest and quickest method that couid be adopted. .. W, xf NORTHAMPTON, Mass., Jan, 25, 137° “AN@DON, A Belt Six-Track Road Along Each River Front, with Wharves and Ware- houses. To THE Eprro® ov, THE HERA I propose a system of docks, warehouses an@ belt railroad on each river tront and into West chester county. First, construct a ratiroad of say: six tracks, commencing on the eastside, say at the foot of Wali street, om the bulkheads of piers, ag cording to the following plan:—To widen South street to 80 or 100 feet; then on tine or same construct piers, placed im the water and built in ac- cordance with @ novel system of coffer dams; these piers to be sixty feet apart in a longitudinal direc- tion, built of solid granite rock, and to the beighth of eighteen fect above the surface of tne street. It is proposed to have the same constructed for etx tracks, viz.:—Two for way travel, two for through travel and two for freight. The roadway w be built upon and supported by heavy tron beams of an entirely new design, thus spanning the en- trances to the docks and warehouses. The whole surface between said beams to be filled or arched with an indestructible material, so as to deaden the noise of passing trains, as Weil as to strengthen the structure and obscure it from view. A wall of the same material to be constructed on eacn out- aide of tracks, which will prevent the wheels from leaving the tracks, and also the passing trains trom irightening horses, | Coustruct this road along'the entire water front of the city, and as soon as the demands of travel require. it can be completed in much less time than any otuer proposed plan, and, a gd facil- ties can be uad, it can be constructed within one ear. The building of the road should entertained. ‘Phe dock building and warehouses can be erected as trade may demand. fhe construction of the railroad or piacing of the piers will not in any way imteriere with the loading or unloading of vessels, nor affect any private interest. Not so with any otuer proposition, par- ticularly those which would undermine or tun- nel the streets, thus interiering with gas pipes, sewers, Water mains, undermining buildings, and also une objections property hoiders make to the tact that when the road would be finished the con- stant jar of passing wrains would work injuriously to the 1ouodation and wails of their buicings. All these and many other very serious objections herecvolore advanced by property holders against the “arcade project,” the “underground” and all others, would be entirely disposed o!, and the railroad constructed according to the above de- sign would forever be distinct aud apart trom the ordinary business and tragic of the streets. ‘The idea entertained by the writer is to secure a grant or charter trom the Legislature to the city of New York: & commission, appointed and named in the bill, o1 five competent gentlemen, one to be @ first class engineer; this commission to be per- petual anu appointed herealter, as may be deemed most prudent; no legisiation to be had in the future in relation to the carrying out of the ortg- inal design, until the bonds issued to construct the road were liquidated, a P gigimeeno or clause being made in the charter and a condition between the city and the bondbolders that no legisiation affecting tue original bill and its provisions is to be had until the desiga shall be fully carried into effect, thereby preventing future schemes of plunder; tue city of New York to be empowered to borrow money and issue bonds known as “Ratl- road and Dock Building bonds,” and to be ligui dated as the proceeds for rent of docks and earn- ings 0: railroad would accrue, and when said sys- tem was completed and paid for the fare to be re- duced to rates Which would pay for operating ana conducting the road, thus rendering it the “peo- ple’s project.” In conclusion, I will add that [ will construct a roadway for six tracks, located on tue buikheads of river fronts, and according to design set iorth, jor less than $1,500,000 per mile on this side the Harlem River and tor a much less sum in West- chester county. Tne above sum will equip the road. Most respectfully, your obedient servant, JAMES O'FRIEL, Contractor and Constructing Engineer, No. 72 Broadway. New YORK, Jan. 29, 1874. Toe Many Schemes—Let the City Build the Kead and Add Billions to Her Wealth. To THB EDITOR OF THE HERALD:— The columns of your paper during the past few days, since you opened them to the aiscussion of the rapid transit question, have furnished a very complete abridged history of what has taken place before the Legislature on that subject during the last ten years. Each of your correspondents has furnished lis plan of @ railroad; has adduced the arguments which to his mind proved it to be the best pian, if not the only plan, upon which a city railroad could profitably be built. All this, tn creased imany fold, is what has been goiag on in the Legislature, not for ten years only, but twice that period. Ever since 1852, when John Schuyler introduced the first bill for rapid transit in the city of New York, the Legislatyre has not ceased to be overwhelmed at every session with multitudinous schemes and plans for the accomplishment of that most desirable object. ‘They increased i number aud their advocates and projectors increased in tm- portunity, until, in the session Of 1872, no less than thirty-two bilis’ on that subject were belore the Legislature at one time. And theadvocates of each were prepared to show at any moment, in long ad- dresses and with manifold pictures and diagrams, that their own particular plan was the only one that combined every merit, while everyb else’s was utterly impraccicable and worthless. it to be wondered a6 that the Legislature, confused and be- wiidered by these discordant counsels, or wearted , by the pertinacity of these “private enterprise” schemes, took refuge in a general bill ignoring them all, or else in passing such wonderments as . as the “travelling sidewaik,” the “pneumatic tube’” or the Greenwich street unipede ? Yet, in fact, some very good charters have been passed—very about a dozen in all; but, though twenty years have / elapsed, have we got anv ratlroad? We have losty 1,000,000 O1 the population which we shouid have’ had; we are sacrificing annually more than $15,000,000 of tax revenues, which should now bve- , long to us, More than we are getting; and can any man Say We are any hearer @ solution o1 the ques- tion as to plans than we were twenty years ago? Worse than this: we have a city fill with distresa ol every kind; one-half of our population packed houses seven stories deep, the con-| s se of the peace and saiety of the other! halt; and yet our chief city officers can find no other remedy than to appropriate $15,000,000 to build jails and poornouses to meets the crimes and poverty of Which these. crowded tenements, are the one prolific source. 1 think aiter this long and dear experience we may settle aown to two or three safe conciusions:— First—We shail never have and we never, one to. have @ railroad till the city itsel: ballds am | owns it. Fora railroad to be of any real service ta the people must furnish transit av the lowest. possible Tate—a rate that shall barely coxer the interest on its cost. Cheap transit and sweaty per | cent dividends upon thrice watered stock are wholly ine sSecond— Plan: left, ot to tho: ible terms, pat putes of the road, should be who draft bills, Who gully he but little knowledge of engineering, but to a com petent board of engineers, who, whem the city Shall determine to build the road, will be called upon to survey the ground and detemmine upon the best plan anid the rr cheaply at low rates ot fare tt rd— eo ru! i Even To this end the Eight. Hour jaw, at least in its application to this work, should be repeaicd, ‘Such a bil—aDul, which will nesor add $1 to th» taxes of the people, Which Wil in ten years ada $1,000,000,000 to oUF present taxable property, Whieh, will confer an inestimable boon of happiness upon. our wholg people, Will s00n Claim the atten tform of the Legislature. If the press will give tt that support which it serves our groatest sources Of distress will soon removed, and New York wii enter upon a new epock, of prosperity unknown in her BS; histery. Ss. 8 CHURG Wie murder and husband suicide are getting quite common in Califorvia, In San SCO, OWL the L9th inst., Rudolph Mitchell cut the throat of Bis Wile, Annie Mitchell, Wish @ razor, and then | trips now made, as there would be no obstructions | verre car above alluded to bas been therongh! and practically tested, both on the ormkammetan and the Williamsburg street railroads, where there 18 « grade of about 500 feat to the mile, and also on vne Piushing and Norta Side Raflroad, where it sixty di out, ina number of instances, Tnysteriously re peared at her ald tuunta before the expiration af received tha highest prade, Then, yqu will drew the edge of the same imatrument across his own throat. Both died instantly. At Santa B: bara, on the 18th, W. W. Shedd inflicted filty staps with & case knite a his wile, and then cat two Notes in his throat sent three bullets through Nis heart. They wera both found dead in the house by neighbors, wha nad been alarmed by thet Wiree Cuidrem