The New York Herald Newspaper, February 17, 1874, Page 5

THE COURTS. The fimmons Trial—Additional Testi- mony for the Defence—Antici- pated Close To-Day, THE STOLEN GOLD CERTIFICATES. lose of the Case—Recorder Hackett’s Charge—Conklin Convicted— Sentence To-Day. BUSINESS IN THE OTHER COURTS. The Charge of Bankruptcy Against Edson & W. & Bradley Dismissed—A Claim Against the City Defeated—Interesting to Policy Holders in Fire Insurance Compa- nies—The Trumbull Iron and Mining Company in Court. It was stated yesterday by a well known lawyer im this city that, quite recently, the books and Papers of Union Adams & Oo. had been seized by government officers on the groand that this frm had been importing goods at an under valuation. Mr. Bliss, the United States District Attorney, on being applied to on the subject and asked if the Matter was under settlement, said he did not know that the government was making any settie- ment wih Union Adams & Co, about any case. He said, further, that if the books and papers of the rm in question had been seized he was not aware of it, though they might have been seized @ month or six weeks ago, and, if they were, it Dad passed from his remembrance. ‘You know," he added, “there is a suit pending against them Up stairs” (shat is, in the office of the Clerk of the United States District Court). But the records of that Court, so far as they are accessible to the preas, fail to show any entry ol service of process on Union Adams & Co. The Common Law Register doer not exhibit any entry of this kind. The mer- chants of this eity are loud in their complaints against the manner in which their books and papers are seized by oMclals Of the government. They describe manner 48 arbitrary and unjust. im the United States District Court yesterday the Jory, by direction of Judge Blatchford, found a ver- diet condemning one case, one box and two “car- toons” containing cotton embroidery. These articles were imported by Frederick Hockmuth on ‘board the steamer Koenig Wilhelm, and had been seized at the Custom House for alleged violation of the revenue law. The triai of the Brinkley divorce suit, which was the first case on yesterday’s calendar in Supreme Court, Circuit, beiore Judge Lawrence, has been postponed till the deciston of the Court of Appeals ‘upon the recent appeal from the decision of the Supreme Court, General Term, It was decided by the Gonera!l Term that there must bea trial by fury, in accordance with Judge Van Brunt's de- cision, and the appeal now pending is from this decision, In the Supreme Court, General Term, an order ‘waa issucd yesterday directing that new notes of issue must be filed in all cases ten days before the firet Monday of March, with date of appeal and the name of the Judge who tried the case. The hote of issue must iurther state whether the ap- peal ia from an order or judgment, or the same will Rot be placed on the calendar, ‘The receiver oi the deiunct Hercules Life Insur- ance Company applied yesterday to Judge Van Brunt, holding Supreme Court, Special Term, for instructions as to whether, in paving out the $40,000 assets of the company, he sball give a pref- erence to claims arising from the deaths of parties Inaured. Judge Van Brunt took the papers, re- serving his decision, THE SIMMONS-DURYEA TRAGEDY. Sixth Day of the Trial and Increas- ing Crowds in Attendance—Additional Testimony for the Defence and Evi- dence in Rebuttal—A Verdict Expected To Be Reached To-Day. ‘The crowd of people anxious to secure admission yesterday to the Court of Oyer and Terminer, at the trial of John E. Simmons, tor the alleged murder of Nicholas W. Duryea, was much larger than on any previous day. As it was the court room was crowded to its utmost capacity, while nearly as many remained outside who could not get in, but Btill persistently and patiently waited to pick up such stray wails of intelligence as they could of the day’s developments. The prisoner, who as heretofore was accompanied by his wife and daughter and three brothers, put in an early appearance, and showed no change from the carctess, indifferent demeanor that has characterized him all through the trial. More of his personal friends and ac- quaintances were evidently present than on any previous day, for nearly one-half seemed to know him and rushed up to shake hands with him as he took his seat. A certain dasbiness of diess and gorgeousness of jeweiry decorations indicated, it 13 true, large numbers as of kindred avocation with himsel! ; but the grasp of their hands was none the Jess cordial for ali this, and their expressions of Sympathy nore the iess hearty and sincere. When Judge Brady took his seat the counsel were allin their places and everything in readiness for the day's work. It was generally supposed that yes- terday would sufMice to complete tie rest of the testimony jor the defence, and so it proved. Of course the closest attention was paid to the evi- dence of cach succeeding witness. Very much of this ‘Was to show that tne deceased was a man of very violent passions, and that the unfortunate prisoner, on the contrary, was @ man of the most peaceful and inoffensive disposition. Hardly a more strik- ing contrast between the dispositions of two men could be drawn. But there comes an offset to all this—tue testimony in rebuttal This, on the con- rary, went to prove the Gs paged of the most armless of mep imaginable and thé prsonera man of the most ungovernable temper. TESTIMONY FOR THE DEFENCE CONTINURD, William M. Fowler testified that about four ’clock on the day of the homicide Duryea played a game Of billiards in witness’ saloon, No, 343 Ful- ton street, and had two arinks, John Loomis testified that about six o'clock in the evening he was at @ salvon in South street, and Duryea called in and began to complain of fs, rooklyn Kagle having done him a fete sea oO! arm, and inquired from witness, whdii he Kew to have been formerly connected with the press, to the authorship of the articles concerning fim and his friends and bis business; witness coud not tell him; then he said he knew the in- stigators of those artictes, and was prepared to “ay them out; while they were having @ drink uryea spoke of a man named John E. Simmons, end said he had an idea that man was at the bot. tom of it; witness advised him to keep cool and focsire of the proprietor of the paper, but he said ie wasn’s going to take that course; then they Separated, aod Duryea went up Fulton street; next morning he heard of Duryea's death. On cross-examination wituess stated that he is @ member of the Bar, resides in Navy street, Brook- lyn, and was formerly editor of the Brovklyn Daily Advertiser, Abraham Mars, a lawyer, testified that he was acquainted with the deceased and the prisoner ; one day last October Duryea said to him, “Tell Simmons, the next time you see him, I will cut his comb, and I am the boy can do it; witness shortly alter met Simmona and told him, and Simmons said he had heard of these threats before, and in- ended he should not be caught in a trap. To Mr. Phelps—Duryea called me over; I had known Simmons better than Duryea; Duryea said, “1 know you are a friend of simmo! ihave not met Simmone socially, William T, Ashman testified—! was formerly carrying on business in Fuiton Market; | knew both Duryea and Simmons; Duryea for some twenty-two years; I saw Duryea on the evening Just before nis death, in Sutherland's, in Liberty Street; he threatened Simmons; he asked me when Thad seen Simmons; I said two or three days be- fore; he said Jon had robbed him, and he would be revenged on him when he first crossed his path; just then Simmons came tn, and | shook iy hi and when he caught sight of Duryea fie went back; 1 made an’ excuse to pus and followed Simmons out and told him he had beter keep out of Duryea’s NEW YORK Fithian and some others there, and T repeated my warning; Mon I met -immone again, warning him not (o cross aryen’s path abd DOF wo lev Aim get the frat ira smith testified—I was sailing master of Duryea’s yacht, of and on, several years; he habitually carried weapons; when he was under the intinence of liquor he Was quarrelsome and violent, very much 60; I have seen him under the inflnence of liquor; I never talked with Simmons abont giving this testimony; 1 raked about this ir. Kay; be did not say it would be to my advantage to come here to testliy, George Costigan testtied—I saw Mr. Duryea one day; he had weapons. Patietins Hovey testified—I have known Mr, Duryea since 1866; when in liquor he was a desper- ate man; his reputation was that of a bad and dangerous man in Itquor. ATYEMPT TO PROVE SPRCIFIC ACTS OF VIOLENCE. Here the defence offered evidence of violent acts by the deceased to establian his Character as a bad man, but the Court railed it out. Mr. Graham cited the ruling of the Court of Ap- peais in the Stokes case. Judge Brady—I have read and examined it my- seli, and I wrote ab opinion on it. I nave been conaneres by the Court of Appeals, but not con- vanced. Mr. Graham said the defence charged that the deceased iorteited his iife by his own misconduct, and they had aright to prove his general cuarac- ter. ‘ihe defence went on to argue that the vio- lent acts offered were admissible in connection With prool to be offered thatthe deceased was practised oarsman, addicted to aquatic sports, @ practised pugifist, who circulated on nis muscle. So that when he put his frst on the prisoner's jace ‘the prisoner at once knew he was unable to cope with bim without weapous, and aman like Sim- mons, tackied by a man tike Duryea, was immedi- ately thrown upon the defence, Judge Brady said the testimony offered would in- volve the examination o' everv specific act to show whetner Duryea Was Trightor not i what de did, ‘The Courts admit general reputation, and that, in his opinion, was thé main premise, and the specific act the minor premise. The testimony was ex- cluded ag to specific acts not connected with the prisoner, TESTIMONY FOR THE DEFENCE RESUMED. Patrick McGeehan testified that he was ac- quainted with deceased and kifew him to carry Weapons, and that he was violent and abusive when druuk, Jesse Smith, who has charge of the Astor House bilhard rooms, testified that he knew deceased to | be a “mussy,”’ troublesome kind of man, fond of j pasting. up jobs, getting into quarrels; Duryea was about five ieet eleven tuches, ‘Yo Mr. Phelps—He wus a very slender man; not near go stout as I ain, William P, Ashman, recalled, testified that the deceased was a wiry man; he was a powerful man. Judge Brady—What did yon ever hear him say, if anything, about his strength? A. 1 never heard him boast o1 his strength, but he was always ready for a row. Mr. Phelps—Who asked for that question? What did you come here tor? Colonel Felows—Excuge me. He is our witness. Mr. Puelps—it fs very evident that he is your wit- ness. Mr. Ashman—-Excuse me, sir, 1f Ihave said any- thing wrong, I thought { was to tell about his character. George E. Perrin testified that Duryea’s charac- er or solence was as bad as that of any man in ‘ouklyn; hé once heard him say “he didn’t think any man could get away with bim that looked like hum,” Mark Maguire, a Sun reporter, testified that he knew Duryea; saw him & good deal around bar- rooms; saw him fight & pretty good mun; con- sidered him asmart map, a scientific man, and knew him to be quarrelsome wh Jn gripe. Cross-examined by Mr, Pheloe . He was a slender man? A, He was a slender man, but that ju to make @ cuse me, sir, I ‘was so much in his favor. Q. I didn’t ask you that; he was a slender man ? A. He was @ muscular Man; yes, he was a slender man. » You may go; when I want yo epee I will invite you here, A, is | am doing the best I can, Mr. Phelps—it is pretty evident that you are doing the best you can, Colunel Fellowgs—I must object to this, The gentleuwan has been all the morning sneering at our witnesses. Juage brady—He hes aright to smeer at your witnesses unless they only answer the questions they are asked, Dr. Amabile testified that he examined the prts- oner the night he was brought to the Park Hos- pital, and iound he had an ankle dislocated and one of the small bones fractured, and there were five small marks on the throat, three at on side and twoatthe other; next morning found the prisoner laboring under hoarseness.and inflamma- tion of the throat, whicn, i ad probability, was causen by external injuries, re throat? describe them to the jury. A. They were ecumotic spots; ecumosis is simply extravasation of the vieod, caused by iracture of the small blood | vesseis, leaving the blood to settie under the skin and cause discoloration, the degree oi which de- pends on the vascularity of the skin. Dr. James R. Wood, who also attended the prisoner, testified to bis having fracture of the Uubia, one of the worst cases Ol it that witness ever saw; the fractare was one ol the worst he ever saw owing to tne fracture of the ligaments. The injury is pot yet healed. There was toth dislo- cated ankie and broken bone. The skin was nearly torn through, and if it had been he would probably have lost his leg. P. W. Ostranaer, President of the Brooklyn Club, proved that the general character of Duryea was that of a violent man when tn liquor. The Court here tuok a recess. Aiter recess Henry Boyle, who used to be em- ployed on Duryea’s yacht, testified that he knew | him to go armed; Duryea Was “gly”? when under the influence ot ea Luther Smith, Superintendent of the Union Ferry Company, Brooklyn, was cailed to prove that on one occasion the deceased drew arevoiver and recklessly fired aroond a room where several peo- ple were, The testimony was excluded, Police Captain Speight testified the character | of tie deceased to bave been that of a quarrelsome man; the prisoner was considered among his friends ag an extraordinarily peaceable man; wit- ness was in charge of the police boat at Bayonne regatta in 1872, An offer to show that on that occasion the de- ceased attempted with bis Rropellor to run down the yacht of his opponent, which was going to beat him, was excluded. Benjamin Wood testified that he knew the char- extraordinary good character; did not know about Duryea’s character. Dr. Henry J, Quackenbush testified that he had been long acquainted with the accused, and gave him the character ol @ remarkably quiet, amiable man. Daniel L, Petty testified that he knew the ac- cused ; all having anything to do with race horses knew him, and his character was good. Joseph Eliott gave the accused the character of @ peaceable, quiet man; knew the deceased also, and his character was not good among gentlemen. Chester Lamb, George B. Alley, Rovert Bouner and Jonn McCool all gave the prisoner a good char- acter, sydney E. Nichols testified that he had known the prisoner fourteen years, and regarded him as @ peaceab.e, orderly cluzen. ‘The sollowing additional witnesses also testified H. Gray, M. Cobn, W. Radtord, Julius Hilburn, G. H. Conen and George H. Middlebrook. William Bell, tailor, was calied to prove that the deceased used to order pistol pockets, but the testimony was excluded, TESTIMONY IN REBUTTAL, ri The above concluded the testimony for the de- fence. The prosecution then called some witnesses in rebuttal. Mathias Clarke, carriage builder, testifled that he knew Geceased to be a quiet man; never knew him do a bad act and heard of many a charitable ony never saw him walle under the tnfuence of uor. rancis V. Martinale, Port Richmond, §, I., physician and surgeon—I knew deceased in his inte time; I knew his general reputation asa peace- able citizen; he was always regarded as a frit man, peacesul and quiet; 1 never knew him other- wige. fi -examined by the defence—I was the family pee and all I knew of him was in his familys never saw him while exctted by liquor. The Court then adjourned till this morning, when furtner rebutting testimony will be offered, after which the counsel will sum up. It tsexpected that the case Will reach we jury to-day, THE STOLEN GOLD CERTIFICATES. Close of the CasemRecorder Hackett’s Charge—Conklin Convicted—Sentence To-Day. At the opening of the Court of General Sessions yesterday, Recorder Hackett presiding, the trial of William Conklin, the Deputy Sherif, charged with stealing three gold certificates, vaiued at $15,000, from Burr Craft, outside of Delmonico’s, Chambers street and Broadway, on the 10th of December last, was brought to @ close. All the evidence was submitted on Friday, and the coun- sel summed up late in the alternoon, The court room was crowded by friends of the accused and by a@ number of ex-ofictals, who were interested in the result of the case. Recorder Hackett delivered to the jury a carefully prepared charge, Alter nerrating',the leading facts testified to by the witnes: he said the great and controlling question to be solved by éthe jury was:—Did the prisoner feloniously take the compeateen.t’s property from his possession with intent to appropriate it to bis own use, or Gid he participate with others in so doing? It may be here stated that other parties present at the scene in Delmonico’s on the occasion referred to in the evidence for the prosecution, resulting in the conviction of Conklin, appear to the District Attorney to be #0 tar part criminis with Conklin that probably they too will be put upon their trial as accessories to the robbery. PRINCIPAL POINTS CHARGED, this was on Saturday; he said he meant to out of his way; I went back and Duryea re: his threats; ‘alter a while he went o: tie while Simmons came in. re Wi As a matter of law I charge you that if the testt- Mony shall, without any reasonable doubt, have fixed. upon your minds the conclusion that the did on entd day felonigusly. take from the Pheiys—What were those spots on the | acter of the prisoner to be that of a quiet man— | to the prisoner’s good character:—W. Bell, Wuliam | ? nd of the complatnant the sald prop- being erty or an % Of ih in excess of $25 in aiken then it will become your duty to find him the of ty of grand larceny. Im this convection J further charge that if the evidence shall have satisfied you beyond ay reasonable doubt that, although the prisoner did not personally, by hisown hands, ielopiously take from the person and possession of the com- Plainant ne property In exce-s of $35 et tt he, acting in cig otetg Ao or Lyons or Smith, or either or both of them, having the common intent and —— Purpose to rob the complainant, did, with felonious intent, aid, assist In any way or manner, knowingly help to the taking of the complainant's roperty, that then it will become your duty to find im guilty of tue cbarge, Now, gentiemen, you have beiore you the iact, that the prisoner was wits the complainant irom an early hour in the Morning to the time that the complainant was taken by the officer and a sisted by himself to the station house at night in a state of drunken insen- sibuity. You are to recollect that the prisoner did know, from his personal observation the Sheri(Ms oMce in the afternoen, that the complaliiant Was posseased of two gold certificates, of the ag- gregate value of $10,000, gold. You are to judge of tne iorce and effect of the pris ner’s statement that while the complainant was with him in the afternoon be was beastly drunk, and whether that knowledge had any effect on the prisoner's mind to tempt or induce hiin personally, or to aid another or others in tne larceny thas It is alleged ‘Was perpetrated, which, by reason of the helpless drunken state the complainant was in, might quietly, unobservediy be accomplished. 1 suggest another circumstance which may or may not have significance to your minas in arriv- ing ataresyit. It appears that the prisoner, hav- | ing no legal right 0 demand or receive irom the | complainant any comsensauion whatsoever (or the gervices he claims to have performed for the com- Plainant’s benefit in having attended him to vari ‘us places to obtain buil and release him irom re- straint, made & demand upon him tor the | sum of $100, whibb, upon a refusal to comply With by the complainant, led to a wordy altercation between the two and an a peal to Mr. | Jarvis, who jocoseiy stated te nim he woud tine him $50 for “a contempt of court,” and finatly the | compiainant, in reply to the continued demands of | the prisoner, said he ‘would see him d—d first.’ If the pmsoner had demanded and received any compensation whuteve: irom the complainant he would have been guilty of @ wrong, a misde- meanor, and liable to have been indicted thereor, ana upon conviction to be punished by imprisonment in the Penitenuary. Jt would appear that at the me ihe prisouer, Lyons Smith, and the complainant en- tered Deimouico’s tne prisoner was very drunk, and that those who were with him, with full knowledge of his condition, did not interfere to prevent further snebriety by dissuading him from the turther imbibing of spirituous liquors or wine, but permiited him to iurther stimulate. Was this permitted by the prisoner aud others in pursuance of a design between tuem to rob the complainant when insensibity should overtake him? It would seem that he was a stranger and friendiess there; no one who knew him, save those whose acquaintance he had made tnat day in the performance of duties that had de- volved upon them. Reeiing trom his drunken fit, ae ost at the point of insensibility, the com- | lamiint, wita skadowy notions and uncertain | step, sought egress, and no one volunteered to aid. or support him, Toe sworn officers of the law, whose duty it was gnd to protect and guard the weak, the feeble and_ the drunkard, paid no heed to the tottering imebriace, bot permitted him to go; but when he ite the ¥ timcty shows that oH prisoner, with Lyons, Was at his gide ytinued there ta eqns prisoner) Ai eraararatciaty Batata him to the station house. You have heard the tes- timony of Delmon co's barkeeper, in which he e that the prisoner and Lyons were close to Mr. raits at the railing, where the complainant had falien, and that he saia to them that he wanted them to take charge of the complainant, as he had @ large quantity of money upon him, but tuat the prisoner replied, ‘Let him teke care of his own money.” This may seem to you to have been an | unteeling remark, coming fom an officer of the law who knew the druaken and helpless condition of the complainant, and further knew that he car- ried a small or laige fortune m his vest pocket, easy of abstraction, and wiich could, with ease, have been reuoved by any person lifting or seeking to litt him from the ground, and who in ; the darkness of seven o’clock in the even- ing, might imaging be would be unobserved. Tne testimony in this case upon which the prosecution bases its theory rests in part upon circumstantial evidence, but presumptive or circumstantial evidence 18 sdmissabie botn im civil ang criminal cases and iu prosecutions for some of the worst species of crimes is oiten the most savis- factory and convincing tat can be produced. ‘entiemen, in commenting upon the testimony, ave unintentionally intimated any opinion upon the question of the guilt or innocence of the pris- oners you must reject it and find your verdict upon your own unbiassed convictions arisimg irom @& consideration of tile entire testimony. THE VERDICT. The jury,after bein: absent one hour returned into Court with a verdict o: guilty, In the absence of ex-Judge Uardozo, Mr. Abe Hummel, the assoct- ate counsei requested His Honor to remand the | prisoner for sentence. He will probably be ar- Taigned lor seutence to-day. BUSINESS IN THE OTHER COURTS. UNITED STATES DISTRICT COURT. Tne Alleged Bradiey Bankruptcy Case— Discharge of the Accused. The famous bankruptcy case, both civil and criminal, against Edson Bradley and W. E. Brad- ley, has Just been brought to a close by the discon- tinuance of all legal proceedings, On Toursday of | Trumbull Smitu as trustees and directors, | In the matter of Merey.—Application dismissed. Devo: vs. Mutter.—Motion denied, With $10 costs. Cowen vs. Hiulas,—Motion granted, SUPEL:OR COURT—SFECIAL TERM. Decisions. By Juage Sedgwick. Clementa vs. Jones.—Order overruling de- murrer, Merkile vs. Green.—Order denying motion. ant v8. Moore,—Order for leave to issue execa- Jutte vs, Hughes.—Order for allowance. O'Neill = vs, Murphy,—Motion for grarted. West vs Platt,—Motton granted, Delamater vs. The American Journai Box Com- Pany. Same v8. Same.—Motiona denied, Mellick vs. Gilmore; Heffeisheimer ve. Fladder- | man.—kKeferences ordered. Loebig vs. Simon.—Order granted. reference and accounting. Ayling vs. Riley.—Motion denied, without costs, CCURT OF CONN ON PLEA —TRIA! TERI—PART 3. Interesting to Policy Holders in Fire In- é surance Compantes. Belore Judge Larremore. Jonn Loehr apphed to Messrs. ©. W. Standart & Co., agents of the Andes Insurance Company, Cincinnati, through John P. Teale, a broker, for a policy o1 fire insurance on hi iactory in this city. The pelicy was sued ana Teale collected the preg mMiuM, amounting to $330, and neglected to pay it, as Loebr alleges, to him or hig agents. The de- fence was that payment to the broker Was payment to the company. Judge Larre. more charged the jary that the broker Was not t.e agent of the company, as the person other than the assured procuring the policy shouid be the agent of the assured and not of the company; but as Teale testified that he paid tue premium less his commission to the agents of the facts of the case, The jury tound a verdict for the piaintif for the amount ciain ° Mirou Thuriow for the plaintiif and A. Spaulding for the desendant, COU\T OF COMMON PLEAS—SPrCIAL TEAM. A Claim for Rent Against the City. Before Jadge Robinson, Asuit of peremptory mandamus was asked for In this Court yesterday, directing the Comptroller to pay Mr. Stockwell rent of premises in Fourth street, near Broadway, rented by the city. It was claimed ti at the bin, Ravine been audited by the Board of Supervisors, made its payment conclusive on the Comptroller, The answer was that the price charged was exorbitant, being $8,000, ‘Whereas $3,000 ts alleged to be all that ought to be paid. Judge Robinson denied the application, bat granted an alternative writ, Decision, eens Gn Judge Larremore, 10) vs, len, Sherif,—Judgment tor plain- tit, (See memorandum). 2 MARINE COURT—CHAMBERS. The Trumbull Iron aod Mining Com- pany in Court. Before Judge Spaulding. Peritin vs. Smith.—This was a motion to vacate pretences and iraudulent representations, under the 1ollowing circumstances:—In the month of July, 1869, the deiendant organized the Trumbull Trou and Mining Company, with Henry M, Knight and W. W. Knight as president and secretary, and Sylvester R, Comstock, George Worthington, I. The company held a meeting in July, 1869, in which they agreed to issue $100,000 in stock and pay the same to the Knights for 160 acres of land in Colum. bia county, and for whieh property the Knights, as alieged, had only paid $15,000, and on which was a mortgage for $7,500—tuus paying $100,000 tor what ccet only $7,500, They also at said meeting agreea to issue and did issue bonds for $30,000 to Vom- stock, and tor which the company gave a mortgage on said 160 acres of land to Comstock for $30,000, The stock was then issued, represented to be were put on record for some mouths afterward. In the month of October Smith induced the plain- ull to purchase twelve of tne shares of stuck for $1,000, representing, as alleged, that they would pay twenty-five per cent, &0. Since July, 1869, the company never held a meeting nor did anything With the property. The plaintuf never received a dividend, nor could he obtain a sate for his shares Oi stock, they having no market value, above state ui iacts the plaintiff, through his coun- sel, Mr. Dunphy, applied for and obtained an order ol arrest, boiding the defendant to bail ‘the mo- tion came on for hearing yesterday. Mr, Allen moved to vacate, and Mr. Dunphy opposed. The Court took the papers and Teseyve 1ts decision. MARINE COURT—PART 3. Ilegat Property. Before Judge McAdam. Action for Conversion of Jast week Mr. Ethan Allen, counsel for the Bradleys in both the civil and criminal proceedings, moved | before the Court for a trial in bankruptcy or for a | dismissal of the petition filed against his clients, The result was that the prosecution hay- | ing, as it was claimed, no evidence at hand upon which to base a prosecu- tion, an order of the Court was entered dismissing the petition whitch had been filed pray- | ing tor an adjudication of bankruptcy. The crimi- nal charge against W. E. Bradley, of having con- cealed and secreted property for the purpose of preventing it coming into the hands of nis credit- ors, was calied on jor lurther hearing before Com- missioner Betts, at wiich all the parties were re- presented, Mr, Purdy appearing for the govern ment, Messrs. Reed and Drake for the creditors, and Mr. Etoan Allen and Mr Thomas 8. More for the defendants Bradley. Mr. Allen insisted on the government going on With their case or clos- | ing it. The District Attorney objected to closingon | the ground that he had important witnesses, and a delay was had from one o’clock till four, when the District Attorney announced that tn the ab- sence Ol any further testimony he closed his case and submitted it on the evidence already in. Mr. Alien then moved for the discharge of bis clients (W. E. Bradjey and Hugo Hotfman, the latter hav- | ing been heid as a Witness ior the prosecution), on the ground that the evidence furnished no case whatever avainst them; that there was not @ par- ticle of evidence on which they could be held for an hour. The Commissioner, however, reserved his decision until yesterday—the defendants being out on their own recognizances. THE DEFENDANTS DISCHARGED. eee Betts rendermg his decision said:— The defendant, W. E. Bradley, ie charged under th forty-fourth section of the bankruptcy law with a crim nal act in haying secre el and concealed property b longing to his estate atter the commencement ot proceed. | dng in bankruptcy against him wish intent to prevent it from coming into the possession of the assignee in bank- ruptey. Since the criminal warrant was issued and dur- | ing the examination had under it the proceedings in bankruptcy have been discontinued aad an order otf dis- inuance duly entered in regard to them before any adjudication wasthad as to stion of bankruptey. The detendsnt, theretore, has not been, nor can he be, adjudicated a bankrupt under those proceedings. Nor has ay aggianee been appointed under them, nor can ere we. Under these circumstances I am satisfied that ¢ criminal proses capnot be maintained, and the accused must be discharge¢ W. E. Bradley was accordingly discharged, as | was also Hugo Hoffman. SUPREME COUAT—CIRCUIT—PART 2. Suit for Damages Against the City Dis« missed. Before Judge Lawrence. Joseph W. Duryea, who owns the lots on the east side of First avenue, between Thirty-fourth and Thirty-fifth streets, brings suit against the city for $60,000 damages on account of the overflow of his lots from the sewer. This overfiow, it 18 claimed, has been going on since the 1st of Feb- ruary, 1866, and that, beside being nauseating and injurious to health, there bas been washed away several thousand cubic yards of land and @ portion of the bulkhead. The defence is that the sewer was properly constructed and that the overfow was caused by Mr. Duryea | obstructing the sewer by throwing dirt and refuse | matter into the river where the sewer empties. Ex-Judge Fithian and Mr. A. J. Vanderpoel appeared for the plaintif, and Mr. D. ©. Caivin and H. J. Forker, assistant Corporation counsel, for the city. After the evidence on the part of the piaintiitT had been submitted a motion Was made to disiniss the complaint on the grounds of detence raised above. The motion, after @ prolonged argument, was granted, aa SUPREME COURT—CHAMBERS, Decisions. By Judge Barrett. Hazard, Jr., vs. Oruberson.—Surety approved. dena matter re Bowman et al.—Application r Cruft, executor, vs. Sexton et al_—Judgment granted. Oswood et al. vs. Strauss et al.; Taylor vs. Trimble.—Motions denied without costs, Coe vs, Hoffy.—Motion denied with costs and bs discharged. : itredge and another vs. Termor et al.—Tempo- ty ‘nome dissolved, with $10 costs memo- Harvier vs, Brandon; Coffin va, the Hansom Cab Company; McConnell et al. vs. Fitzgerald Jr.; Mayer vs. Mayer; Beaumont vs, Beaumont.—Mem- orandums. Walcott v® Crosby.—Motion denied, with $10 coats mamoerandun, Polhamus vs. Bogart.—Plaintiff and defendant were formerly copartners and engaged in the manuiacture of silverware in Centre street, and | plainuff alleges that in March, 1872, a dissolution ofthe firm took place, by the terms of which all the firm’s property was to be turned over to him and he was to assume all the partnership debta. Detendant alterwards sold a set of silverware for $322 43 and applied the proceeds to bis own use, and plaintif® brings this action to re- cover that amount, on the ground that tt Was an illegal conversion of property, For the deience it was claimed that no articles of dissolu- tion had ever been signed by the parties, only a notice published in & newspaper, and that was not suticient to divest tne delendant of his interest in the goods; that the affairs of the partnership were still unsettled and no account had been rendered to the defendant, and therefore no action tor con- Version could be maintained, The Court charged the jury that if they found an agreement was made, as stated by the plaintiff, the property in suit became his, and.if the detend- ant afterwards soid it without the plaintiff’s con- sen he was liable to the plainti’ for its value. | The jury rendered a verdict ior the plaintiff for tue full amount claimed. COURT OF GENERAL SESSIONS, Before Recorder Hackett. Martin O’Brien pleaded guilty to an indictment charging him with the crime of bigamy, On July 8, 1872, he married Ann Lawier, and on the 25th of September, 1873, he was united in the holy bonds of wedlock to Elizabeth O’Brien, at Tarrytown, while Aun was stilim the land of the living. The pris- oner, when asked what he had to say for himself, did not reply to the Judge as did a fellow country- man of his when arraigned upon a similar accusa- tion, “Your Honor, I was tryin’ to get a good wile.’ Sentenced to the State Prison for two years. Barglary. Frederick Schmidt and Herman Braun, con- victed of burglary im the third degree and fe- joniously entering the premises of August Bau- han, on the night of the 4th inst, and stealing 100 worth of cloth, peach sentenced to the tate Prison for Ove years. ~ --yms, mMftenics, - Rees Aaron WooaFaft was tried atid found guilty of steifftig’s Loree ana wagon, worth $200, the prop- erty of Bernard O'Hare, ‘One year in the State Prison. John Moore pleaded guilty to an attempt at bur- glary in the third degree, the accnsation being that on the 7th of this month he and a confederate broke into the liquor store of Join Leonard, No, 1 State street, and stole tour bottles of champagne, Sent to the Penitentiary tor one year. William Bannon, charged wita receiving a trunk containing clothing valued at $16, the property of Cyrus A, Boynton, pleaded guilty to petit larceny. Sent to the Penitentiary for six months, Acquittals, Henry Jester, jointly indicted with Edwin ©. Sayles upon a charge of burglariously entering the cigar store of Michael Gent, 1,480 Third avenue, on the 10th of January, and stealing $20 worth of tobacco, Was acquitted, ‘Thomas H. Grant was also acquitted of a charge of petit larceny, in stealing a pair of pantaloon from the store of Abraham Grozeky. TOMBS POLICE couRT. Before Judge Morgan. Cotton Thieves Caught. For @ long time past the cotton brokers in Broad street and vicinity have suffered from varions small peculations in the way of the staple article. Numerous samplers are employed by them, and it is alleged that the samples have been stolen and sold to geet i dealers, Detectives Clapp and Walling have been looking up the matter for the past three weeks, and after some search dis- covered that part of this stolen cotton -was sold to ‘Wiliam Madden, of No. 337 Waghing- ton street, Toey founda aman named John Gor- man selling some forty-two samples, valued at $3 60, to Madaen on last Friday. He waa arrested, nd the cotton or samples of cotton were identified by Albert Goddard, who is employed by Dennis Perkins & Oo., 64 Broad street, as a sampler. Gor- man was held in $500 bail to answer, and William Madden, who keeps the junk store where the cot- Whittaker vs. stebbing.—Order for judgment | i policy of insurance contained a ciause that any , company, he ieft it to the jary to decide on the , an order of arrest obtained against Jonathan T. | ; Smith for obtaining, ay alleged, $1,000 under false On the | | tom was found, was hi 2. | Qh ntolem pode 1 92000 ball an a receiver HARLEM POLICE. CowRT. The Last Raid on the Cock Pighters. Belore Justice Kasmire, The twenty-seven prisoners arrested by the police late on Saturday night, in tae cockpit of “Hen’? Baxter, at the foot of East Kighty-sixty street, | were yesterday azain arraigned at this Court to enable them to give ban, All but two gave nonus ) ib the sum of $300 eaca for their appearance ior trial at tue Special Sessions and were liverated. A Sad of Destitution, August Rossman, of No, 333 Eighth street, en- tered the oys'er saloon of Edward Brown, at No, 2,209 Third avenne, in an intoxicated condition | and asked for a stew, saying Chat he was destitute | and hungry. Upon being advised to apply to the person Who sold bins liquor he seized a heavy glass bottle and dealt Brown a severe blow on tre head. When arrested $12 weie fonnd on tie pris ner’s person. He was committed in delault of $600 bail Attempted Murder, On Sunday last Alexander Farrell, a contractor mm the employ of Mr, Buird, @ well known con- tractor, struck in the face with his fist August Bukniski, @ private waiter employed in the | house corner of Filth avenue and 12th street, wita- | Out an provocation whatever. The assanited man gave fight, when Farrell drew a revoiver and red oue shot at Bukufski. The slot, owing to the bad marksinansnip of Farrell, who was intoxi- cated, did nut take effect, but grazed tue cheek of @ young girl @ short distance away, ‘The prisoner, who bears a bad character, »aving served one year in prison for stabbing a man, was Committed for trial without bail, COURT CALEND\a)— THIS DAY. | and has already p SuPREME CouRtT—Cnamsens—Held by Judge Bar- Frett,—Nos. 2, 6, 35, 37, 50. Call SUPREME COURT—CincoIT—i'art Lawrence.—Nog, 896, 54, 12.5, 762, 2068, 1734, 1486, $88, 166, 1670, 662, 1560, 520, 12.6, 1032," 106 1588, 1600, 1406, Part 3—Heia by Judge Van V Nos, 23, 1227, 717, 829, 1167, 1185, 1427, 2967, 276, 1827, 991, 173, 1105, 446, 677, 1059, SUPREME CoURT—SPECIAL TERM—Held by Judge | Vau Brant.—issues 01 law and lac’ 812, 325, 23, BSI, B41, S42, 346, Bol, 362, 857, 859, 1, 12, 20, 37, 48, 5 43, 06, 67. SUPERIOR COURT—TRIAL TERM—Part 1.—Held by Judge Spier.—Nos, 621, 691, 605, 749, 879, 257, 84), 897, 899, 459, 845, 653, 637, 895, 905. Part 2— Held oy Judge Curtis, 4. 280, 826, 664, 754, 843, 1588, 888, 216, 840, 862, 896, 706, 543, 45014, 360, Court oF COMMON PLEAS--T'RIAL TERM—Part 1— Held by Judge Larremore—Nos, 2343, 2486, 2231, 8234, 3348, 1628, 3962, 2273, 68, 1369, Part 2—Held by Judge J. F. Dal 2 2570, 2571, 2598, 2645, 2605, 2624, 1601, 2666, 1792, 2539, 2620, 2648, 2597, 2601, MARINE COURT—TRIAL’ Tera. Judge Shea—-Nos, 3258, 37 S381, 3282, 4310, 28: 1490, 3292, 3247, 2758, 3 2—tieid by Judge ‘All i 8287, 3531, 3153, 8203, |, 3691, 8293, 8205, 3297, Part 3—Held by Judge McAdam.— | Nos. 4170, 1652, 2357, 2074, 4058, 4009, 3317, 3844, 4202, 4327, 4340, 320354, 4151, 3958, 4371, CouRT OF GENERAL SEsstons—Held by Recorder | Hackett.—Ihe People vs. Daniel Sullivan, robbery; Same vs. James McDermott, fe!onious assault and battery; Sgme vs. Hugh Fox, burulary; Same vs. John Maher and Henry Dean, larceny and ing stolen goods; Same vs. Jane Lous Williams, lareeny and receiving goods; Same vs. John Beck, grand larceny; S vs, Annie Burns, larceny irom the person; Same vs, George Williams, larceny trom the person; Same vs. Samuel Adams, receiving stolen goods; » —Part 1—Held by | ker. 3243 Bame vs. Mary Ann Bourke, disorderly house; | Same vs, Anna M, Barker, attempt to extort money. COURT OF APPEALS CiLENDAR, ALBANY, Feb. 16, 1874. The foilowing is the Court o! Appeals day calen- | dar for February 17:—Nos. 63, 115, 119, 120, 107, 68, | 29, 57. BROOKLYN COURTS. SUP-EME COURT—SPECIAL TERM, One Result of the City Treasury Rob= Late Treasurer. Before Judge Tappen. Cortland A. Sprague, late City Treasurer of | T. Rodman, bis defaulting deputy, and others, to | ing an amy | tng the i | | Arucle,—Yhe | canal interests. | passed by the Assembly it only remaimed that it | State constitution tor iundiny | m ! be established, ana the tolls o/ the canal | beries—Suit Against the City by the | | Brooklyn, has brought a suit against the c.ty, tully paid, but none o1 the deeds or mortgages | re . ae | recover property assigned by himself just alier the | | discovery of the thefts in the Treagurer’s office last | Bummer. Mr. Sprague is under indictment, and | his trial has been postponed until next moath, in | Comptrolier in the bonds or certificates ot stock auth: 5 THE STATE CANALS, Protest of the Chamber of Commerce Against the Proposed Amendment to the Constitution The Report of Comm'ttee No. 6-Explan- atory Resolutions by Mr. Rurvgles— An Exposition of the Attempted Oatrage Upon New York's Splendid Inheritance. ‘The Chamber of Commerce held @ special meet- ing yesterday afternoon at tie r rooms, corner of Wiliam and Beaver streets, Witham E, Dodge, | President, ip the chair, for the purpose of hearing | tue report of Committee No. 6on tne proposed amendment to the consututton for funding the | Canal debt, The amendment under consideration passed the Senate and Assembly of the Legispiture last year assed the Senate tuis year. It is now in the hanus of the Speaker of the Assembly, by whom it has been held over at the request of the Chamber of Commerce in order that the views of the Chamber might be pad vetore the presenta- tion of the amendment to the Assembiy. The Chamber oi Commerce had sent a} dy to Albany its views upon the torm of amendment that should be adopted, as will be svex from the tollowing re- port and resolutions; but their recommendation was so altered a8 to make the proposed change in the constitution prolubitory of anye improve. ments on the canals, It i8 the opinion of the | Chamber that suca @ prohivition would pe dise | astrous to the commercial pre-eminence of this State, as it would in a lew years throw transporta- tion from the West altogether imto the hangs of | the Canadians, who are now enlarging their canals in the expectation of this accession to their If the umendmeut were now shout be accepted by the people, iu order to have it become part of the coustitation, It was ad- mitted that poweriul railroad wouopolies would | now try to crush the cana: systein at every effort made to promote {t, and Mr, Dodge leclared tt to be within lus kn wledge that the Canadian canals would receive from Kagland ail the money that | Was needed to carry Out tne project of enlarges | meut. PROTEST TO THE LEGISLATURE. The following 1s the report of Committee,No, 6;— In accordance with the resolutions adopied by the Chamver at its last meeung, held vebruary 5, Com- miitwe No. 6 respectiully report :— Yhat the variation vetween the amendment to the the canal debt recom- mended by the whamber and the @.nendinent now pend- ing in the Legtsiature wili be best understood by @ com parison of the two “articles,” ‘The articte, ag recommended by the Chamber of Com- erce, was in the folowing words:—"Article,—In orde that the tolls o the canals of this state may be reduce So as (o meet the reauirements of commerce and prevent | the diversion thereot from this state, the Commissioners | of the Canal Fund shail borrow, om the credit of the State, such sums a6 my be necessary for paying the canal and general fund depts now charged on the canals as the same shall tail due by the issue and sale of bonds } orecertificates of stock having forty years to run from their date, bearing interest at the raje ol five per cent ber anuuin, payable sein-aunually, for the payment of the principal whereof at maturity a sinking tuid ot one per cent per annum siiail pe established, and the tolls o} the canals shall be fixed trom ume to die by the Canal Board, at rates suMcing as near as may be to provide only ior said sinking fund, the interest on the debt so. created and the expense of keeping the canals in re- pair. ‘the amendment now pending in the Legislature is tn the following words:—Concurrent resolutions propos- endment to the constitution relative to tund- ‘anal and General Fund deb.s ndW charged on “Resolved (it the Assembiy concur), That the foliowing amendment to the constitution be pro- posed for. adop:ton to the people of the sta @, viz. — jvmmussioners of the Canal Fund shall borrow on the Canal and General Fund debts now charged on the canais, as che same shali sail due, by the issue and sale of bonds or certificates ot stock having tory years to run trom their date, bearing interest at the rate of five per cent per annum, payable semi- annually, tor the payment of the principal whereof at maturicy'a sinking lund of cne per cent per annum shall from time to' ume by the Canal Boon cien!, ws near us may be, to drovd? only tor said sinking fund the interest on the debt socreated, the ex- penses of col ection, superintendence and keeping te canals in repair; and the contribution so created for said sinking fund shail be invested annually by the ized by this article, ar in tho stocks or Londs of the 8t ot New York or of the United states, which shall be held for the redemption and_ payment o1' the bonds or certitie cates herein authorized to be issued and sacredly aps plied to that purpose, All of said debts and interest shall be paid irom the revenues of the canals, and no dire t tax shall be levied or collected tor canal purposes, either for current expenses or repairs, ordinary or extraordinary.” It will be observed that the eubstantial ditference between the two amendments is to be tound in the last paragraph above quoted, which, in elect, an- Ww nuls ihe power now vesced in the Legislutare io make consequeuce of his imess, by Judge Mvore, of the>| improvements to be paid tor by the proceeds of a direct | Court of Sessions, postponement of the present suit in consequence of tue plaints illness, and ou the iurvuer gtouad | bas, the case had never been properly noticed for rial. ‘Yhe defendants were represented by Corporation to a commission to take Mr. Sprazue’s testimony. ‘The question at issue was not one of fact but of law, aud 1t Was necessary that the case suould be prompply tried aud disposed of This he could prove by @ brief statement, At the time of the leis aud Other personal property, aad two lots of land for the beneiit of the city of Brooklyn, being about all bis property. The condition on whicu he made tnis assigument wus that his bondsmen should give @& note to the city ior the | full value of his indebtedness, and that then the securities which he had assigned should bondsmen only be held for the difference between re prices realized at the sale and the amount ue. | | | above agreement. March, and the securities were not svid, but in- | aside and repudiate his own agreement. A pre- Uminary injunction bad been granted against the | that not only was the city stayed trom reaitzi | on either tue securities or the note, but the bondi | being able to get the deduction agreed upon in the note. the city, and to Mr. Sprague himsell, it was of tue highest importance to have the case brought to trial at ouce. He would, thereiore, agree to the up to Mr. Sprague’s residence with it nunseli. Sprague was to cover an alleged deficiency in tue city accounts whici occurred througu the dishon- esty of Mr. Sprayue’s deputy, who was connected with the Brooklyn Truat Company. Alter e: culing the assignment Mr. Sprague found that be Was uot @ defaulter fora singie cent; 16 Wad all in the Brooslyn Trust Company. All the bondsmen, not ove had been notified | Mr, Muitord. Mr. Sprague was conflued to his bed, and it was necessary to have his actual presence here to prepare {ur this trial. | Initting the examination of Mr. Sprague, at his Of this order Would andanger Mr. Sprague’s lue. Mr. More would not accept this oroer. kvery- thing had been taken out of his client's hands and ‘sisted upon the personal Sprague. He suggested toe appoiatme: eree; but Mr. De Witt would not consens, The Court sald that Mr. De Witt could either take an order for 9 commission Or an order for the plaint, dismissal of the com} . Mr. More declined to take Mr, Sprague's testi- mony by commission, CITY COURT—TRIAL TERM, The Late E. 8. itis as a Borrgwer. Before sudge Neilson, An action was brought by the Nassau National Bank yesterday against True W. Rollins to recover $1,500, the amount of a note, with interest and costs, The plafntif’s case was that last May the deiendant made the uote to the order of the late Ethelbert §, Mills, who had it uiscounted at the bank. The note was for four months, and when tt matured it Was presented to the deiendant, who dia not pay it. On the part of the defence it was admitted that the note was made as described and endorsed and delivered to plaintiff; but Mr. Roilins ciaimed that he did not know whetber it had been paid or not, On the 224 of December, 1871, he made 8 note for $2160 to Mr. — Bfilis, without any consideration and solely for his ac- commodation, to enable him to take up anotner note then due to the bank, When, tn four montus, ths note became duc, Mr. Mills requested the de- fendant to give him another note for the same time, though fora less amount, Milis paying him the difference. This sort of thing was continued trom time to time, the notes being ior amounts less and less, Mr. Mills paying the difference between the successive notes. Finally they came down to the note im suit, Mr. Rollins also claimed thas tnese notes were taken by the plaintim with @ full knowledge of tne circumstances and thet the plaintiff was not a bond Ade holder of the note in question, having taken if without paying any con- Bideration, but asa collateral security Jor & pre- vious debt. ‘The jury found for piaintid. CITY COURT—TRIAL TEAM—PART 2. The Spencer Divorce Suit. Before sudge Reynolds, The now notorious Spencer divorce suit is being tried again. Thus is the third trial within six months, The jury on each of the former triais were unable to agree upon @ verdict. Thomas T. Spencer seeks an absolute divorce from Caroline 8. Spencer on the ground of adul- tery. He charges that she nas been on terms of illicit intimacy with J. 0, Hull and J. M. Wilder, The defendant denies the trutn of the c ‘The trial will probably continue several ges, davs, Yesterday his counsel, Mr. E. More, applied for a | arr | Counsel! De Witt, who said that he would conseat | discovery of the deialcations in the City Treasury | oy, Mr. Sprague made ag assignment of sundry chat- | rr be sold beiore the 1st of January, 1874, and tie | submitted. ‘The papers were drawn, the assignment | made, and the bondsmen made toeir note witn the | it was now nearly the ist of | stead tis action was started by Sprague to set | city to prevent it from selling the securities, so | men were held for the wnole amount, without | Asa mutcer Of justice to the bondsmen, to | most libera! kind of a commission, anu would go | Mr. More said’ that the assignment made by | Ke- | thereiore, had been impleaded in tue action, but | to appear except , ‘The Court directed taat an order be entered per- | house, on five days’ nottce, unless it shouid appear | by the adidavit of a physician that the carrying out | no deterioration in vaiue was claimed. He in- | attendance of Mr. | ut Of a rel- | tax levied for the puryose, It this amonament should be ted improvements to the canais could yuly be made distinct amendment to the const.tution under ar- tucle 7, section 12. Your committee were also instructed to inquire and Feport. tor what reason aid at whose instance this pro- hibitory clause was added tw the amendment recom. mended by the Chamber. Your committee have made this inquiry, and have Jearned trom a weil informed source that the amend- ment was added in the senate las: yeur vy veneraicon- sent, upon the belie that it was essenitai in order to se~ cure the ratification of the proposed amendment by the people. and your committee have no reasun to doubt that this opinion was formed in good tai.h. In reference to the second ren ucton atopted by the amber your committee have advised with counsel and report:—(hat in case the said amenduent should be adopted the State will not possess any pecun ary means for enlarging or in any way materiaLy improving the h capacity of the locks on the canals, except through a specific ainendment to the consutution of the State, adopted in accoroance with the provision of the tweltth section of the seventh article of the constitution, or by @ endment to the sonsttulion similar to that S$ adopted in 1854. All of which 1s respectfully ABRAM 8, HEWLIT, JAMES P. WALLACE, CHARLES BUTLER, EDMUND COFFIN, The report was unanimously adopted and the Secretary instracted to torward It at once to the Speaker of the Assembly. Mr. Ru@GLES, who has devoted serious considera- tion to the subject of our canals for the greater part of his lite, moved the following preamble and resolutions, making @ speech embodying their sub- Ject matier betore doing so;. RYSOLUTIONS OF MR, RUGGLES, The Chamber of Comm ‘ree oi the State of New York, having duly considered the report made by the Com> mittee on Canals in respect to the proposed ‘amendment to (he State constiiution Jor funding the canal debi, now reduced to $11,000,000, and relinquishing all tolls ob the canals beyond the snm needed 10 pay the interest and provide forthe principal of thedevtso to be funded, and tor the nece: 'Y expemses of the superintendence and the repairs of the canals and the collection of their revenues; And Maving also considered the annnal report recently made by the State Couiptrolier showing the danger of the large diversion from the canals ot the products or the interior States by reason of the construction of the eu- larged canals of Canada, now in rapid progress, which will reduce the price of transportatiot trom Lake Michi- gan to Montreal to $3 5) tor @ ton ot wheat or other cereals, and showing, further, tha. this low rate, b; early reduction of at teast one-hait in the prese: transportation trom Butale to the Hudson River, beng 6 per ton at jest. which halt would amount to'$3 per ton; and it turther appearing to the Chamber toat the present toll on wheat 1s only $1 6% per ton from Busalo to the Hudson River, so thata reduction of one-halt of that | sum, amounting only to 62 cents, would be wholly insufts cient to- meet the exigencies of the case: itis theretore Resolved, That it would be wholly inexpedient and unsafe and injurious fo the best interests of the city, the State and the country to amend the State constithition partial mea: roposed in. the pending amend- but that, on trary, as heretotore, tai htall preserve a moderate portion of the tolls ou the canals asa fund always reliable for their improvement and in. creased efficiency wnenever made necessary by rival ‘works or the demands oi commerce. That the true apd only effectual way to een et i mett and avert low tyreatened isto amend | ae cael el a eves Paracas ne kote : t to all parts ot the State, and especially to the por 1008 of the northern and western lakes, and avoidin the necessity of imposing any direct tax or other need- sess burdens upon the people; and tha fhug rise and Douefleent pur ox MAY st accomplished by a gis tinetly intelligible Gia Wa to the constitution, simt- lar to that adopted in I for borrowing $10,500,000 for finishing the several canals, and which was sanctioned by the people in their primary capacity by the decisive vote of 185,771 yeas to 60,526 nays, thus tirmly settling the Policy ot ‘the State in respect to loans when necessary. Resolved, {hat the citivens of this State have now learned by actual experience not only the commercial necevsity, but the great uniary value of the Krie | Canal and the Champlain Canal, its early and constant companion, in having actually earned, 4n the twent x, earsending 1872 a clear profit over all expen: toate 923, largely exceeding the total cost, which has Aimounted, with ‘all enlargements and improvement, | only to 442,710; by. Ike" ex! they moreo tauied the “immense ver r= erienice aod by official ta- bles increase in the cereal products of the interior states, nimounting in 18 fo more than 21,000,000 tons, and iurnishing a yearly surplus tor export ‘Of at east 10,000,000 bushels; so that, if secured to the Erie Canal tor transportation, th: reservation of & very inoderate toll, not exceeding fitty cents per ton on whea aud other cereals, will {urnish @ revenue sufficient to meet Any expense which may be necessary in a judicious ‘and economical enlargement of the locks on the canals, ct supervision ot the work al Aud especial t guine departinent oF responsible oficer directly and consiandy amenable to the executive authority of tho State. THE RESOLUTIONS DISCUSSED, AX discussion arose in regard to the adoption of the resolutions, and tt was deemed better for the present simply to ee the preamvle and the first resolution, and to reiér the other resolutions to Committee No. 6 for Consideration, The object of this was, first, to inform the Legislatare, in the terms of the first resolution, of the request of the Chamber of Commerce that the Assembly snould not pass the proposed amendment, and, second, to give to Committee No, 6 the power to take full charge Oo! the whole subject, inorder that measures might be taken at the proper time in the suture, Mr. Dodge suggested that it would be weil to call 4 public meeting of merchants to protest against the passage of the amendment, and thus to give tur- ther weight to the present action of the Chamber; but the members seemed to think that as the danger was imminent it would be better to make the pro- test now and await the result. Mr. Hewitt, who Was chairman of Committee No, 6, said, in connec: HOD With this matter, that lor his part he did not believe that he could have his views sufficiently | Matured upon a subject of such vast interest to the State as the settlement of our canal syetem tween now and the time for the adjournment of the Legislature, It was therefore ed that the report and the preamble and resolutions, as ex: pressions of the opinion of the mercantile commu: nity in regard to the pro} d amendment, should be considered sumcient a the present tne.