The New York Herald Newspaper, February 18, 1874, Page 5

THE COURTS, The Tehuantepec Railroad in Litigation— Tnteresting Reminiscences of Maxi- milian, Oomonfort and Juarez, BUSINESS IN THE OTHER COURTS. Veh SOs Ry Admiralty Question as to Seamen’s Wages—A Chowder-Sandwich Case—The Alleged Shoot- ing by James McDermott—Decisions. Charles D. Myers, who nad been indicted some time since by the United States Circuit Court Grand Jury, on @ charge of removing whiskey in barrels ‘| that were not properly stam ped, was arrested yes- terday on a Bench warrant and held to ball. Ten boxes of cigars, alleged to have been smug- gled and found in the possession of Charles Stahl and Charles Walton, were condemned yesterday im the United States District Court. Yesterday Thomas Rourke, an able seaman, be- longing to the English steamer Corinth, one of a line plying between New York and the West India Islands, appeared pefore Commissioner Shields, | and made a complaint that the mate | of that “steamer, Mr. Eaton, bad ®8truck him twice without cause and knocked him down’ once, Rourke also stated that he had made this complaint to the British Consul, but | that the latter declared he was tired listening to such cases, and that the complainant, if he was aggrieved, must go to a lawyer. Com- missioner Shields said that, as the alleged Assault had taken place on an English ship, he could not interfere in the matter. On Monday a fireman named Delany, belong- \ng to the steamer Etna, of the same line, complained that the chief engineer had badly used him and put him in irons several hours with- ut cause; tnat he (the fireman) had spoken to elish Consul on the subject, and that the informed him he could not intertere. These Blatements, however, are ex parte, and require corroboration, For the reason above stated Com- missioner Shields told Delany that he was power- less in the matter, THE TEHUANTEPEC RAILROAD, Interesting Chapter from the See-Saw Game for the Grant—Mementoes of Comonfort, Maximilian and Juarez—A Suit for $50,000 Personal Services and How It Came About. In 1857 various capitalists of New Orleans ob- tained from President Comonfort, of the Mexican Republic, in consideration of their constructing a ship canal or railroad across the Isthmus of Te- huantepec, a valuable grant of lands, together | with the exclusive use for aterm of years of the | canal or railroad, whichever they might elect to construct. To carry out the scheme a company, | known as the Tehuantepec Company, was organ- wed, with $10,000,000 capital. The time during Which, under the terms of the grant, the work was to have been accomplished passed without anything having been done. President Juarez, on application, extended the time, however, to 1862, and con- firmed the original grant. A proposition was sub- sequently made to sell the grant to Northern capitalists; but this proposed arrangement was in- terfered with by a change in the government, the reins of which meanwhile having passed into the hands of Maximillan, and Juarez being a fugitive and seeking a secure hidizg place among the fastnesses of the mountains. In 1864 Mr. Marshal QO, Roberts agreed, it is sald, provided he could geta legal assignment of the grant validly con- firmed, to take it, organize a new company with $16,000,000 capital, construct the railroadé—the land project being now wholly left out | of the scheme and out of the stock of the new company: thus organized—and pay $3,000,000 to the original hoiders of the grant. As it was then thought, however, that Maximilian had established on a firm basis the new Empire, his approval of the grant was considered neces- sary. Meanwhile Mr. John P. O'Sullivan | hi already obtained irom the Mexican government the grant for a steamship com- pany. Chevalier Wyckoff accordingly intro- duced Mr. O'Sullivan to Mr. Roberts as the proper person to obtain the necessary confirmation of the grant by Maximilian. The result, as alleged, was that Mr. O’Sullivan agreed to go to Mexico and in- terview Maximilian on the matter, Mr. Roberts, on his side, promising to pay his expenses, and, if suc- cessiul, to pay bim $50,000 for nis services or stock of the new company to this amount. As the story runs on Mr. O'Sullivan started on his mission, but off the coast of North Carolina was shipwrecked. Not in the least disheartened by this seeming intervention of the fates he re- newed his journey and at length succeeded in safely reaching the City of Mexico. At the Mexi- can capital he found others in pursuit of tie grant—representatives respectively of the Roths- childs, the Spragues, the Lindsays, and others of the Pacific road. Despite this opposition his mis- sion, as he avers, was crowned with success, Scarcely had Maximilian afixea his imperial auto- graph and seal to the grant when the whirii- gig of revolution compelled him to vacate, and Juarez again held triumphant sway in the capital. Among the first official acts of the latter was signing a similar grant to Charies Knapp and others, Of course the capture and execution of Maximilian destroyed all vitality | of the grant to Mr. Roberts, and that executed by President Juarez remained in full force. On arriving in this city Mr. O'Sullivan claimed that he had fully executed his mission and de- manded from Mr. Roberts the $50,000 he was to re- ceive lor his services. Mr. Roberts retused to pay the sum thus demanded, insisting that when he aid Mr, O'Suilivan’s expenses to Mexico, amount- ing to some $2,000 in gold, he had gone to the extent of his personal liability and that the $50,000 agreed upon was only to be paid out of the stock of the company when organized, and as the com- pany was not organized, but, on the contrary, as the entire project {fell through, he was under no obligation to pay this sum. A suit was accordingly brought for the amount, and the same having been for some time onthe calendar of the Superior Court, finally came to trial yesterday before Judge Curtis, ‘The above alleged facts were set forth in | the opening of the case by. Mr. Albert Stickney, leading counsel for Mr, O'Sullivan. The opposing counsel are ex-Judge Piervepont and Mr. A. J. Van- derpoel. It is probable that the trial will last sev- eral days. BUSINESS IN THE OTHER COURTS. UNITED STATES DISTRICT COURT. Admiralty—Question as Wages. In the case of Joseph Larsen vs. The Ship Robert Dillon the libellant libelled the stip for wages without executing a stipulation for costs, as he is allowed to do under the forty-fifth rule of the Court. The libel also contained a claim for $1 per day for a certain number of days for bad food sup- plied during the voyage, which the shipping act of 1872 Says Must be the penalty for feeding a sailor badly on avoyage. Counsel for the libellant said that it was not compulsory by the rule that the Sailor shouid stipulate for costs, and moved Jor the payment of this penalty. Counsel for the claimant e@pposed the motion. Judge Blatchford denied the Miotion, on the ground that the shipping act of 1872 says that the penalty for furnishing bad food must be recovered as wages. SUPAEME COURT—SPECIAL TERM. Decisions. By Judge Van Brunt. Hanford vs. Gale.—Accounting ordered and re- ferred to William H. Leonard to state or account, New yey Mutual Life Insurance Company vs. Conklin et al.—Judgment for plaintiff of foreclosure and sale and reterred to J, S. Lawrence to sell and convey, With allowance of $500, SUPREME COURT—CHAIABERS. Decisions. By Judge Donohue. : Beaumont vs. Keaumont—Report confirmed and ‘udgment of divorce granted, In the matter, &c., Donovan—Motion denied, Puy vs. Bredt—Memorandum. Griff vs. Swinerton—Order granted. By Judge Brady. Attrition and Palvertaing ‘Company vs, Van Fayl fi uaritrees hon ‘and opinion. in the matter, &c., Sullivan; in the Killoran—Granted. i races pa Wiens levine for nek fashman v3. ; Inslee va. Hampdine.— tions dented, with $10 costa, Ut yb Cochrane vs. Gould; Platt, receiver, vs, Birdsall; Holdane vs. Cassidy; Leach vs. Colgan; Burke vs. McGoldrich; Stein vs. Benton; Nash vs, Mitchell; Barroy v8. McLean, &c.; Davison vi Willets, &c. 5 Kellar va. Rocke; German Savings Bank vs, Kunn’ &c. (three motions) ; Platt, receiver, vs. Wilson; G.anin et al. vs. Lichtenstein; Rhinelander et al, 8. Hass; Sayles vs, Thompson; Lilienthal vs, Call; Levy vs. Dodge; In the Matter vs, 110th street; ‘The Pepple ex rel. StockWeu Va The Boary of Su: to Sailors’ NEW YORK HERALD, WEDNESDAY, FEBRUARY 18, {874.-TRIPLE SHEET. Eyews: Learned vs. Fitzgerald; Horsman ee! gt ve. tna ere a gran w ying and Pein Berdeleixtra aflowance granted. PR ne Ai Leasengood.—Motion granted @ Memorandum). Richard vs. Judd, &¢.—Extra allowance of $250 granted, Mutual Life Insurance Company ys. Glass et al. (two cases); Young vs. Solomon; Castro vs. Cas- tro; in the matter of the application of Brooks, &c.; Streeter vs, McGinness,—Memorandums, Fithian vs. Stepheos,—Motion denied, Weeks vs. New York and Hartiord Ratlroad Com- pany.—Motion denied; memorandum. White etal vs. Hersey et a.—Motion granced, $10 costs, SUPERIOR COURT—SPECIAL TERM, Decisions. By Judge Sedgwick. ° Brown vs. Doyle and another,—See memoran- dum with clerk at Spectal Term, Ayling vs. Kiley.—Motion denied, without costs, Gurley vs. Lewis.—Motion granted; stay refused, ry ne vs. Derby.—Order appointing referee and receiver. ‘The People’s Bank vs. the Manhattan Glove Com- pany.—Relerences ordered, By Judge Curtis, Rusk vs. Ficld.—vase settled, MARINE COURI—PART 1, A Chowder-Sandwich Case, Before Judge Joachimsen, Andrews vs. Halioran.—in the swmmer of last year the defendant, having purchased a tract of landat Pelham Bridge and cut it up into lots, was about to dispose of it at auction, and as it was thought that a collation Served to those in attend- mt vi | ance would increase the number o: purchasers the piamtif was engaged to furnish sandwiches, chowder and lager for 000 persons, The deiendant | retused to pay the amount which had been agreed on, $175, on the grvund that the lunch provided ‘as a miseraole failure, Was not ready at the time agreed upon, was insufficient in quantity and rather hindered than helped tie sale. On the part of the plaintiff it was testified that in order to economize, in case the day should turn out to be stormy, he was directed not to cut the sand- wiches up unttl the arrival on the ground; that in consequence of that some delay occurred, and that the defendant undertook to distribute the lunch belore it was ready; and also that there were 1,200 or 1,600 people on the ground, whereas his contract was to provide for but 600, The jury rendered a verdict for the plaintil, MARINE COURT—PART 2. Inquest Judgments. By Judge Allker. Hail vs. Isaasen.—Judgment jor plaintiff, $119 19. Osborn vs. Fogg.—Judgment for plainttif, $102 22. Schlessinger vs. Weiss.—Judgment tor plaintiff, sl. MARINE COURT—PART 3, Decisions. By Judge McAdam, Preston vs, Robipson.—Action on promissory note. Inquest by default and judgment tor the plaintiff for $423 41, costs and $25 allowance, Langvein vs. Howe.—Action for goods sold and delivered. Inquest by defauit, and judgment for the phaintiff for $158 75, costs and $25 allowance, Scheiuer vs. Marks.—Action to recover $311, bal- | ance due on two promissory notes given for to- bacco, the defence being that, on account of the tovacco proving to be of an inferior quality, the plaintut had agreed to take tity per cent in full payment, which amount had been paid. Verdict Jor the defendant, Cochran vs. Moffot.—Action to recover for ser- vices as a salesman. Judgment on verdict for plaintiff for $500, costs and allowance, Metzzer vs, Kittersberger.—Action to recover for goods sold and deliverea, Judgment on ver- dict Jor the plaintiff for $500, costs and allowance. COURT OF GENERAL SESSICNS. The Case of James McDermott—The Ac-., cused Promptly Acquitted, Before Recorder Hackett, The greater portion of the day was occupied in vs. | robbe! won Proctor, burglary; for commission | Ty5 Same ve. Charlies Fowler and Charles Same vs. Patrick Slattery, fe!ontous assault and battery; Same ys. William Moffatt, grand larceny; Same vs. Josephine Clark, grand larceny; Same vs. George Williams, larceny and receiving stolen goods; Same bamuel Cohn, receiving stolen goods (two cases) ; Same vs. Frances Lewis, disorderly house. BROOKLYN COURTS. SUPREME COUR'—SPECIAL TERM. Trying to Oust a Receiver, Before Judge Gilbert. An application was made yesterday for the re- moval of Andrew J. Smith, as receiver of the Man- hattan Insurance Company of New York. The allegations against the receiver were that he had permitted the funds under his control to remain in the Brooklyn Trust Company, notwithstanding that some of its olicers were charged with embez- zlement. ihe receiver denied the truth of these charges, and asserted that he had been guided tn all his tions by what he deemed to be right. Judge Gil- bert sustained him, and declined to grant an ap- plication on the ground that there was no evidence to justuy the removal. Decisions, By Judge Tapper. Johnson vs. Kelly.—Judgment for defendant on demurrer, with costs. By Judge Pratt. Lefer vs. Smith.—Mouon to compel plaintiff to pay costs personally denied, No costs. National Bank of Orange?County vs. Delisser.— Motion to vacate order of reference denied on plaintiff's stipulating to take evidence of defend- ants in New York, COURT OF APPEALS, Decisions. ALBANY, Feb. 17, 1874. The following decisions were handed down in the Court of Appeals to-day :— sogements affirmed, with costs.—Haskins against New York Central and Hudson River Railroad Company ; Price vs, Gould; Stiliwell vs. Spaulding; Russell vs. Spier; Heins vs. Renie. Judgments rendered and new trials granted, costs to abide event.—Cleghorn vs. New York Cen- traland Hudson River Kaulroad Company; Snork vs. Lard; Briteustril vs. Michaciis; O’Brien vs, Mechanics and Traders’ Fire Insurance Company. Judgment of Common Pleas reversed and juag- ment on the report oi the referee affirmed, with costs.—Hubbell vs, Muldoon, Order granting new trial affirmed, and judg- ment absolute for defendants, with costs.—dlyve vs. Greenwood, Order aitirmed, with costs.—In the matter of Folsom tu vacate an assessment, &c, Motion to correct calendar granted, 1nd motion to dismiss appeal denied, without costs to either party as against the other.—Barker vs. White, Calendar, ALBANY, Feb. 17, 1874. The following is the Court of Appeals calendar for February 18:—Nos. 115, 119, 12033, 107, 68, 29, 57, 24, HORSE NOTES, The horses that were engaged in the Savannah races have all reached vharieston to participate in the contests which commence on the 25th inst. The Trotting Horse Breeders’ Association has leased the Kentucky Association Course for this year, and everything bids fair for another success- | ful meeting. The San Francisco Chronicle of the 10th inst. “takes pleasure in noting that tne Board of Super- visors have declared themselves in favor of the new race track and fair grounds, near the Golden Gate Park entrance. The Senate, which has been waiting to hear from the Supervisors on this ques- tion, will doubtless pass the bill, which has already received the approval of the Assembly, and the new race track will be an assured fact.’ Eugene McCarty’s celebrated Hambletonian trot- ting horse Westileld is to be brought East from | Calulornia this spring, and will be entered aud the trial of an indictment against Mr. James | trotted at the several meetings where liberal McDermoti, found upon complaint of Patrick R, Burns, who charged the accused with firing a loaded pistol at him with intent to kill, The occur- rence took place at John McDonough’s billiara saloon, on the 29th of January. It appeared from the testimony of the complainant, who was a pri- vate detective, and irom other witnesses, that on the day in question the parties accidentally met at this saloon; that burns usea grossly insulting lan- guage to Mr. McDermott, who turew a glass of water at him. Mr. McDonough preveiited turtuer trouble by requesting McDermott te accompany him to another part of the room, whereupon Burns jol- lowed them and attempted to seize McDermott, who, knowing that Burns had threatened his lite and that on that very day was negotiating tor the purchase of a pistol, fired in sell-defence, the ball entering the shirt bosom of Mr. McDonough, but, fortunately, inflicting only a trifling injury. Mr. McDermott had the legal services of Messrs. Kint- zing, Hummel and M. C. Mcinerney, who con- ducted the defence in an able manner. A number of gentlemen, residents of New York and Brooklyn, who were intimately acquainted with Mr. McDer- mott, who is a journalist by proiession, testified to his excellent character for peace and quietness. The jury rendered a verdict of “not guilty” with- out leaving their seats. The accused was sur- rounded by his inends and heartily congratulated upon the result. Ex-Sheriff Conklin Remanded Till Fri- day for Sentence. William Conklin, convicted of stealing gold cir- tificates from’ Burr 8, Craits, was arraigned for sentence, Ex-Judge Uardozo made a motion for a new trial, claiming that the verdict was against the weight of evidence, and expressing the belief that the Supreme Court would set the verdict aside. ‘The prisoner was remanded till Friday, when the Recorder will pass sentence. John Maher, who was charged with stealing a bale of cotton owned by Duncan, Sherman & Co., on the 16th of January, pleaded guilty to the minor grade of larceny, John Beck, indicted for stealing a watch valucd at $28, from the apartments of Mrs. Louisa Manan, No. 278 Delancey street, in June last, was con- victed of petty larceny. Hugh Fox, charged with burglariousiy entering the premises of Thomas Mcintyre, No, 411 West. Futy-fourth street, and stealing $10 worth of papers, pleaded guilty to petty larceny. Annie Burns was tried and acquitted on a charge of stealing $35 from Thomas Gregg, on the 4tn of February, the evidence for the prosecution being | insuficienot to sustain the allegation, Discharge of the Grand Jury. The Grand Jury came into court and presented their last batch of indictments, and the foreman having announced that they had finished the bust- hess belore them, the Recorder dischargea them from further attendance. YORKVILLE POLICE COURT. A Countryman in the Hands of Thieves, Beiore Justice Murray. John McDevitt, of Tremont, Westcnester county, while in this city on Monday night, strolled into a liquor store on the corner of Fourteenth street and Third avenue to have a drink, While there he got acquainted with a youth named William Bennett, who, before they separated, it is alleged, stole from him his gold watch and chain, in all valued at $150, Omicer Connor, of the Kighteenth precinct, ar- rested Bennett in front of the store, but found upon him only the watch, which he claims was given to him by another person. He denied having robbed Mr. McDevitt, but he was, nevertheless, held for trial in detault of $1,000 bail, Other Cases. Joseph Reilly and Thomas Henderson were held for trial on a charge of attempting to steal cellar gratings, Otlicer McEveety, of the Nineteenth precinct, in arresting Michuel O’Brien, was cut over the eye v: a blow from the prisoner. O’Brien, who was ev dently Wie J from delirium tremens, was com- mitted ior trial. COURT CALENDARS—THIS DAY. SvuPREME Court—CHAMBERS—Held by Judge Bar- Tett.—Nos. 6, 25, 35, 49, 50, 56, 58, 64, 76, 79, 82, 90, 95, 97, Call 101, SUPREME CovRT—CrxcuIT—Part 2—Held by Judge Lawrence.—Nos, 762, 2898, 1486, 1017, 1024, 388, 562, 1580, 1216, 1488, 1600, 1702, 1490, 1684, 1660, 1180, 1720, 1722, 1650, 237, Part 3—Held by Judge Van Vorst.—Nos. 285, 1227, 717, 829, 1167, 1559, 637, 429, een 275, 1327, 991, 173, 1105, 1059, 456, 1216, SUPREME COVRT—SrECIAL TERM—Held by Judge Van Brunt.—lasues ot law and fact.—Nos, 308, 312, 842, 367, 359, 1, 12, 20, 37%, 48, 53, 65, 43, 56, 67, 2, 17, 18, 19, 23, 2844, 385s, 66, 94 SupeRion Court—TriaL Term—Part 1—Held by Judge spier.—Nos. 691, 621, 763, 605, 870, 237, 849, 897, 899, 459, 845, 653, 633 , 859, 41. Part 2—Held by Judge Curtis.—Nos, 280, 826, 664, 784, 838, 1588, 888, 216, $40, 862, 896, 706, 845, 4504,, 860, CouRT oF COMMON PLEAS—TRIAL TERM—Part 1— Held by Judge Larremore—Nos, 2486, — 2231, 3234, 3988, 1528, 3052, 2273, 68, 2077, 3934, 1369, 3988, 1326. Part 2—Held by Judge J. F. Daly.—Nos. 2624, 2666, ned rind rg oar 2607, 608, 440, 3920, 2626, 2584, 2 2 2651, MARINE COURT—TRIAL TERM—Part 1—Held by Judge Shea.—Nos, 2868, 4310, 1490, 3262, 3280, 3785, 3382, 4261, 4321, 4407, 3202, 3294, 3296, Part 2—Held by Judge Alker.—Nos, 2671, 8235, 4387, 2031, 8277, 4823, 3163, 4146, 4129, 2653, 3299, 2903, 3301, 3305. Part 3—Held by eae, esis bite, eam, Di 4340, 3938, 1529, 1687, 3263, 3615, 4270, 3728, 3200, 3892, 4307, 4283, 4441, 3163, 4404, 3517. Cova OF GENBRAL Szss10Ns—Held by Recorder Hackett.—The People vs. August Reinhart, arson; Same vs. Charles Galiagher, robbery; Same vs, Thomas Daly, sovbesy; Same ve. James Lennon, | purses are hung up. Frank Van Ness, the owner Of St. James, will have charge of him, and the two horses will be shipped at the same-time. West- field has a record of 2:27, and he is liable to arop | much lower during the coming season. HORSE MALADY IN B&OOKLYN. Effects of the Farcy Among the Equines in the Car Stables. A dangerous malady has made its appearance among the horses of the Brooklyn City Railroad Company and several fatal cases have occurred. The disease ts termed farcy, and is tar wore dan- gerous than the epizooty, which so generally pre- vailed in the two cities about a year ago. At the Third avenue stables the disease has played con- siderable havoc. The symptoms are swelling of the leg, and the breaking out of sores like a button upon al! parts of the ani- mal. From these sores 18 discharged a slimy matter, similar to the glanders. When the horses are attacked they become incapacitated for further duty. Many horses have had to be shot at the stables named. It was at first believed that the fault lay in the construction of the old stables, and new ones were built, but with no more salu- tary result, The disease made its appearance pany. A wash oi chioride of lime is used upon the horses, after which they are washed off with soap und water and every night the stables are smoked with tar, hitewash is also plentifully used. Mr. Sullivan, the Presi- dent of the railroad company, states that they believe that they now have the disease under control, and that it will soon die out. The stables of the Atiantic avenue, East New York and Green- wood lines have escaped serious loss from the mal- ady. Several horses in private stables, in South Brooklyn, have died from the farcy. Mr. Abrams, ment for the animals affected is sulphate of iron, with hot water and carbolic acid. The stables should also be liberally sprinkled with this solution. TROTTING ON LAKE GEORGE, {From the Rutland Daily Globe, Feb. 16.] The attendance at the rages the fourth day was not quite so large as at the first three, though con- sidering the threatening weather it can be called large. A first class thaw that put in an appear- ance bright and early stripped the roads of sleigh- ing. Very few, however, were wise enough to run out their wagons, and we can safely say that nine- tenths of those who went to the fourth day’s races were hauled over bare ground. The tce was cov- ered with water; was several inches deep. A strong south wind swept over the course with a spiteful fury, stirring up the water on the course in miniature waves, At @ little cove on the west shore the greater part of the crowd found shelter from the raw wind under a last half of the course was obtained. The sport of the afternoon proved rare, indeed, and the several heats were enthusiastically looked after. It is seldom that such a closely contested race is seen as that of the five-year-old, Friday afternoon, Though the horses got away for the first time about two o’clock, it was nearly, if noc quite, six before the last heat was trotted, the darkness preventing another trial coming off. The eighth heat was not decided upon the ground, but rendered at the Central House about nine o'clock in favor of Bill Moore, alter a lengthy council of the officers and judges, As will be seen, each horse won two heats, making an even thing ail round. SUMMARY. TICONDEROGA TROTTING AssOcTATION, Feb, 13.— Race tor five-year-olds; $50 to first, $15 to second and $10 to third. Charley Mac, c. & 3122 Jennie, c. m. 4444 Dolly Dot, c. m 2213 Bill Moore, b. & 1s3t1 Gilroy, b. 1n Sister Johnson, b. m | RESIGNATION OF SPECIAL CUSTOM HOUSE AGENT JAYNE, Mr. B. G. Jayne, Special Custom House Agent, yesterday sent in his resignation to Washington. Great excitement existed in the Custom House on this account, and it is said that he will gtve some Startling exposures With reference to the frauds on the revenue, Mr. Jayne has hela the position since 1869, OITY AND COUNTY TREASURA. Comptroller Green reports the following disburse- ments and receipts ot the treasary yesterday :— Claims paid (number of warrants 143) amounting to,$37,199 RKCRIPTS. From taxes of 1873 and interest. From arrears of taxes, assessme From collection of assessments and iaterest From market rents and (ee: From water rents. From ficenses, Mayor's office Total. A MUNICIPAL EXHIBIT, The following statement shows th jounts ex: Dended for salaries and contingencies in the De- partment of Finance and the Department of Puolic Works respectively, during the years 1871 and 1873: EPARTMENT OF FINANCE, D 1871—Under Comptroller Connolly. 592 1873—Under Comptroller Green. . 000 Increase in 1873 over 1871 $19,007 DEPARTMENT OF PUD! 1871—Under Commissioner Tweed. . 1873—Undew Commissioner Van Nort Reduction in 1873 over 1871... several weeks ago, but was Kept quiet by the com- | @ veterinary surgeon, says that the best treat- | at some places on the course it | friendly bank, from which point a good view of the | MANSLAUGHTER. i THE SIMMONS TRIAL ENDED. | | Summing Up by Counsel and the | Charge to the Jury. | A Verdict of Guilty of Manslaughter | in the Third Degree. SENTENCE DEFERRED TILL TO-MORROW. The general impression that the trial in the | Court of Oyer and Terminer of Jonn E. Simmons, for the alleged murder of Nicholas W. Duryea, would be concluded yesterday proved to be cor+ rect. In such anticipation the court room was at an early hour densely crowded, while a greater crowd thap on any previvus day thronged the outer hail and vestibule, The prisoner showed the same unconcern, and was accompanied, as hereto- fore, by his wife, child and brothers, Aiter Judge Brady hau taken his seat on the Bench and the counsel on both sides had shown their readiness to go on the day’s work began, MORE REBUTTING TESTIMONY. The day’s proceedings opened with the calling by the prosecution of more witnesses in rebuttal. Augustus C, Fisher was first called, He testified that irom a pretty long acquaintance he kmew tnat Duryea was a quict, respectabie and peaceabie man, Francis Jenkins, Dr, Nelson Tucker, William H. Little and Elisha Crowell testified to the same thing. All these witnesses were closely cross-examined, but they could only testify as to Duryea’s general character, and to not having seen him drunk. Dr. James Brownlee, of Port Richmond, had known Duryea for the three years prior to his death; all who Knew him regarded him, 80 far a3 witness knew, as one of the best men in the com- munity. On his cross-examination witness said he did not know that Duryea led two very different lives—one at home and the other abroad, Nicholas Van Pelt, President of the village of Port Richmond, said that Duryea was a good citi, zen at his home while at Port Richmond, None of these witnesses had ever heard Duryea’s character discussed, Talbot Butler, livery staple keeper at Port Richmond, and Abraham Laforge, a grocer there, gave similar testimony. Sidney F, Rawson, District Attorney of Rich- mond county, knew Duryea well and knew him as | @ good citizen; had heard him spoken of by others as to nis peaceable character, but could not re- member particularly the conversations. He had heard Mr. Jewett and others canvass Mr. Duryea’s character and speak well of him. George D, Allen, of No. 67 Liberty street, was called to show that Duryea had business there on the evening of his death; but the testimony was excluded, as it was not intended to slow that Duryea had business at Simmons’ office, at No. 67 | Liberty street. Mr. Rawson was recalled and testified that he had sometimes seen Duryea under the influence of liquor, and that he was not then quarrelsome. The above closed the testimony, and when the fact was announced there Was @ general sigh of re- lief all around. SUMMING UP FOR THE DEFENCE. Mr. Graham now proceeded to sum up for the detence. He began by calling the attention of the jurors to the fact that they were in the grave po- sition of arbiters of human life or human liberty. They were to pass upon the question of the sacred right of seli-defence. If it had not been for a reck- Jess desperado’s attack on the defendant the de- fendant would not now be awaiting their judg- ment. For Simmons not to have resisted in the way he did would have been to prove false to his duty to himself, to his wife and to his family. It was too much to expect that he would commit virtual suicide by submitting himself tamely to the infuriate power of his bitterenemy. The question in this case was, “Was the homicide justifiabler” It Would not need an atrocious assault to justify a homicide; any first assauit, even with the fist, in- tended apparently to severely injure, justifies a defence that may result in death. Men furiously assatled are not to be expected to nicely discrimi- nate ag to their exact danger. If appearances warrant a belief of imminent danger a defence re- sulting in death would be justifiable. A man as- | saulted with an imitation sword or pistol, or an | unloaded pistol, @as the legal right to | resist to the death, if he _ believes he | is being assaulted with a real and dan- | gerous weapon. If Simmons, knowing Duryea to be a dangerous man and his bitier enemy, had reason to believe that Duryea had a deadly weapon Simmons was more than justified in taking Duryea’s life alter Duryea had acted as though he had @ weapon, and had then furiously assatied him. Duryea had broken the peace, and Sim- mons, unprotected, afterwards endeavored to pro- tect himself from the deadly assault of Duryea in the best way he could. Ifthe jury had an abiding conviction on the whole evidence of the truth of the charge eee Simmons they must give him the benefit of a doubt as to his guilt, and acquit him. At the worst, there could not be shown pre- meditated design or intent on the part of Sim- mons, and thus in no event could this homicide be shown to be murder in the first degree. He asked the Court for specifc instructions to the Jury as to | justifiable homicide; that if the jury believed that | the prisoner inficted the mortal wound on the reasonable ground to believe that he was in dan- ger of great eee injury, the homicide was justifiable. If the jury believed that Duryea clutched the aefendant by the throat, throwing him upon the grouad and breaking his leg—if the jury believed that the defendant did no more un- der the circumstances than was needed to extri- cate himself from the grasp of the defendant, then the killing was justifiable. An honest beliet by the defendant that Duryea was armed rendered the circumstances the same as though he was actually armea. If Sim- mons, in the desperation and pe oi the moment caused by the attack of Duryea, which had made him heipless by the breaking of his teg, was not in a condition in which he could | reason or judge, he was not responsible. He cited | from an opinion of Judge Mullin that it would be | madness lor a Man not to go armed alter threats | to do him violence, such as Simmons had received | trom Duryea. The latter had throughout that day contemplated this attack, and had prepared him- self for it by @ course of reckless drinking. Tne | idea that he was going to a lodge thut evening was | atabrication, Mr. Graham traced the course of Duryea during that day beiore going to Sim- mons’ office infuriated by the drink he had taken, and claimed that it was apparent that Duryea had a steady purpose to kill the defendant. What was the character of this man when he went that evening to No, 67 Liverty street? The testimony of the witnesses was that | Duryea, when tn liquor, was more a brute than a man~—exceedingly Violent, quarrelsome, desperate | and infuriated. ‘The evidence oi the affray was re- viewed, and Simmons, it was urged, had no idea of the extent of the injuries he had inflicted until sometime after; that he was underneath is assail- ant when the mortal wound, by the severance of the carotid artery, inflicted, as evidenced by the fact that he waS completely saturated with biood emptied upon him from the wound. The Court at two o'clock toox a brief recess, and on the reassembling of the Court Mr. Graham re- sumed his summing up. He began by reading coptous extracts from the minates of the ‘evidence, With a view of showing the hostile nature*f Duryea’s -visit to the prisoner's office, and that Duryea’s object was to carry out the threats against the prisoner which he had uttered to Mr. Lomis, and that he wanted to decoy Simmons into lis power when ne invited him outto drink. The prisoner was perfectly justified in replying “I won't drink, with you.” He had heard of Duryea’s lau- guage about him and was not bound to give up all his manhood. He told Duryea that he was “going out to go home.” Duryea walked out and Was standing On the sideyralk, and Simmons could not see or know he wae titre until he came down and out on the etreet, He then descrtbed the encounter, and laid down the legal proposition that if the appearances were such as to lead the prisoner to the reasonable belief that Dur ea Was armed, then the hemicide was justi- le, SUMMING UP FOR THE PROSECUTION. At @ quarter past four o'clock District Attorney Phelps commenced to sum up on the part of the prosecution, He said the prisoner was indicted for wiliul murder, There was no doubt that Nicholas W. Duryea died; tnat he was killed by the prisoner, ana that he died of mortal wounds and murderous wounds, his body hacked end mangled, at the prisoner's hands. ‘And yet it wae attempted to set up that this was a justifiable act He took the lite of adversary. He must satisty the jury that he was without fauls in the killing. But if it should appear that, without sufient cause Or provocation, he intentionally took the lite of the deceased, then the law makes him guilty of murder, As to the great mags of evidence of char- acter, the man was to be judged by the act and the ¢ircumstances, and the prosecution conceded | | neck of the defunct, and that at the time he had | that up to that time the prisoner was a peaceable man. ‘There was evidence given as to ‘ile ebarac- ter Of the deceased; but his character was not under investigation, The act by which he lost his life, and which sent him out of tae world with ail his imperfections on bis head, was ot to be justi. | fed by accusations against the deceased. Even if he liad committel crimes he was answer- | able for them to the law, no man should assnime to be ms r, There | Was no evidence that the deceased went to the pimaoete ofiice for any otuer purpose than to | luster. Men who bluster loudly rarely do any- thing. The man who sends word to you by every one he meets that he Will take the top of your | head off does not mean what ke says. ‘The who evidence showed that the prisoner entertained ni fears from these threats. He followed ceased down stairs and renewed the alter a, | and it Was then the blow Was struck. The testi. | mony for the defence even showed that wuen the | deceased called at the prisoner's office th oner Was not there, ‘The deceased stood th he haa a right to, in a Whispered conversation with Dawson, He did not ask for the prisoner; but the prisoner emerged trom his private oxice, where no encounter could have resuited, and placed himsel! between the deceased and the door, and says, “Did you come to my office on any busi- ness?’ thus beginning and provoking the alterca- tion. He commented on the dropping of the kulfe by the prisoner and wis saying he didn’t Know Who the man was that he had been fighting, that it was some one who wanted to rob him, a8 sufficient to prove the wuole detence to be an aiterthought, and slain, With blows such as a savage would intict, and the wounds indicated the tnoughts that filled the heart that prompted tbe hand that inflicted them. ‘The deceased lay prostrate, his leg oroken, and exclaiming jor mercy, aud it was then ne died under the prisoner's blows. [t wag tor the jury to say whether such a kuling was to be jusulied im this community. The address occupied over two hours, and was listeued to wit the most edruest attention, : REQUESTS TO CHARGE. Mr. Graham, aiter tadignantly declaring that he Was sorry he had not his own Way, in which Mr. Feiiows restrained bim, and alter stating that the point about the illegality of tue weapon was sprung upon him, handed in several pots wlick he requested the Court to charge. CHARGE TO THE JURY. Judge Braay charged every one of them, and character Of the weapon, if the homicide was jus. tiftable, He was assured the jury would, tre from all prejudice, approach the question whether the prisoner bad committed a crime, or was justifiable and ought to be discharged. Murder was the unjustifiable Killing of a huwan being with premeditated design, The killing was admitted and the character of the act was to be judged from the facts, But without the element of Wicked premeditated design, design to kill at the moment o! killing, it wouid not be marder in the first degre The prisoner claimed that the act was done in justifiable sell-defence, and to save himself irom killing or irom great bodily parm, Alter briefly referring to the testimony that the deceased cried “Don’t you draw anytning on me,” that ne asked to be let up, and that we prisoner was seen “punching” him and was heard to ex- claim, “Now | have the best of you,” as he got up, and to the conflict of testimony as to which of the men cried, “Let me up,’ he leit Uns point to the jury as a very serious one on the question of intent, four if Rooney was not mistaken, and that it was the prisoner wh) cried, “Let me up,’ 1t would be an element in helping them to deter- mine whetuer the prisoner believed tumsel{ in tue extreme peril which Wouid justly bin in killing 10 rid himself of it. He next explained the principles of seli-deience, and instructed the jury that the law will excuse a man for the killing if he hone: acts on @ reasonable fear, though it proves Mistaken; but, at the same time, ne who kills must be without blame bimself—tnat 1s, retire from the encounter if he can. He then in- structed the jury to weigh the evidence that the prisoner told Officer Maher that it was aman who had been attempting torob him, and aiso to re- member his weak, excited state and that he told the officer he was too nervous to auswer any ques- tions, As to whether the prisoner 1ollowed too quickly after the deceased, that was @ question jor the jury, in connection with the right Of the pris- oner to leave the oitice and go into the st any moment and pursue his way home. E' the deceased was a bad man when under the in- fluence of liquor, according to the testimony of the deience, and the character of the deceased was not assailed in any other way. He was not to be killed because of that, and it the act was unjustl- fiable the jury should determine the degree of guilt. He then explaimed the diferent degrees of muraer and manslaughter, and instructed the jury if they had any doubt to let the prisoner nave the benefit of it. The charge, as will be seen, was characterized by the usual clearness and suc- cinctness so pre-eminent in Judge Brady’s charges, and it Was pronounced as fair and impartial as could possibly have been delivered, RETIREMENT OF THE JURY. Ata few minutes to seven o’clock the jury re- tired, Of course, sucht was the interest felt in the result that most o/ the crowd—tnhey being, in fact, the particular friends of Simmons—still lingered. Gatnering in groups, they discussed the probable result, und, With a natural sympathetic leaning toward the prisoner, the majority Went so lar a3 to prophesy an unqualified acquittal. Some were not quite so sanguine, however, and modified their anticipations to one of whe degrees of mansiaugh- ter. Meantime the jury, which had been placed under charge of Mr. Joun Valentine, the chiet officer of the Court, remained 1n quiet deliveration in the room to which they bad been assigned, After an hour and a hall’s absence they returned into court. As usual, all present scanned their features, Stn- mons jor the first time betrayed symptoms of anxiety, and tried to read his fate in those immo- bile twelve jaces. The result was not long in being made known. Mr. Sparks, the clerk, as soon as the jury had taken their seats, began his formula of interrogatories. THE VERDICT, “fave you agreed, gentiemen, on @ verdict? he first asked, “We have,’ answered promptly the foreman, and then, after another interrogatory from Mr. Sparks as to the nature of the verdict, be an- nounced it ‘‘manslauguter in the third degree.”? The announcement o1 the verdict was taken very quietly. The prisoner, holuing bis crutches in his aands, betrayed no emotion, The jury Were duly requested to hearken to their verdict, as rendered, when Mr. Fellows asked that the sentence o1 the prisouer might be deierred, so as to enable the counsel to consult as to what course to pursue, Mr. Phelps deemed it his duty to request that an immediate sentence be passed upon the prisoner in pursuance of the verdict, There was some further discussion on this@oint, and it was finally decided by Judge Brady tWdeier sentence till Thursday morning, and to this time an adjournment of the Court was ordered. “An outrageous verdict,” said one as the crowd slowly vacated the court room. “He got off cheap,”’ said another, and thus were uttered the conflicting comments. A lew minutes later Simmons took his seat ina carriage and was whirled away to his apartments atthe fombs to meditate upon his coming fate— one year at the least and four years at the utmost in the State Prison. COMMISSIONERS OF EMIGRATION. —- Transfer of the Banking Business—The Deficit—Re-Klection of the President of the Board=Mr. Lynch on the Commu- tation Tax—Proposition to Discharge Officers and to Cut Down Salaries Voted Down. The Commissioners of Emigration met at Castle Garden yesterday afternoon, Mr. Quintard presid- ing. It was resolved to transfer the account of the commission from the Merchants’ National Bank to the Metropolitan National Bank, the former having reiused the commission a loan of $28,000, which the Metropolitan Bank advanced on application. An election for the office of President of the Board was then gone into, and Mr, Huribut was re-elected by a vote of seven to one. On Mr. Huribut’s taking the chair ne briefly returned thanks for the honor conferred upon him, and then drew the attention cf the Commissioners to an article which had appeared ina morning paper, containing misscatements as to the deficit of the treasury of the commission. The truth was that the Ke ole had a deficit of $2,500 at the Cham- berlain’s office, and actually owed $65,000 besides, which there was no money tqmeet. It was then resoived to go & once into executive session, but Mr. Lynch claimed the’ privilege of explaining the position he took when before the Committee on Navigation at Albany on the 8th inst. in regard to the commutation tax, Mr. Lynch entered into an explanation of the relations the Kats companies bear toward the commission, they being the gainers of large amounts of money by the @ervices rendered to emigration by the Emi ‘ation Commission. He said that the ‘‘memerial” of the shipowners did not rebutt his arguments, The lands and build- ings under the commission were bought long be- fore these people came into business. Previous to 1868 more passengers had been carried by sailing vessels gen by steamers, The commutation tax up t6 1353 was $1 50a heaa, and trom that time to 1867 it was $2, and for the next four years was $2 50. Of the fourteen steamsnip lines representea at Albany twelve had come into existence while the tax was $2 The facts show that the actual cost of maintenance alone, excluding buildings and repairs, during the last two years averaged Gi 88 per head. Lesa than | that amount would not keep up the establishment, and to include ronal repairs and improve- ments ‘f. per head would be required. The Board went into executive session. It was understood that the advisability of cutting down expenses was under consideration, and the propo- sition to discharge a number of tie employés and to cut down the salaries of all the officers was tully discussed. A motion haviag been made, however, to discharge several prominent officers and to cut down the salaries of all the others, tt was finally fost by @ vote of 6 to 2. “ POLIOE MATTERS Ata meeting of the Board of Police, held yester- day afternoon, Comissioner Charlick asked and ones eae yh oer to exhibts all ie 8 Ol ie Street Cleaning artment b fore a iudge of the Supreme Court “4 inh that. the deceased was brutally and barvarousiv | Said the prisoner Was hot to be prejudiced by the | 5 CHARLICK IN COURT. The Inner History of the Fa'l Election Things Worth Knowi ——$ The Irepectors of Election Test Oath—Demo- cratic Candidate, “Did You Vo'e for Fran- cis Kernan ?’—Republican Candidate, “Did You Vote for John A. Dix?” The sensation of the day among politicians 19 the how pending investigation as to how the Police Commissioners worked the political oracle ID appointing election inspectors last fall Mr. Comm oner Oliver Chariick beinz supposed to be the p ‘pal mantpulator on the democratic side, the honors on that side of the house being divided, or rather contested for, as vetween Tam- many Hatl and Apoilo Hall, of which \atver organ- ization was Harry Genet, the Meplustopheles of Charlick. The Harry Genet whois now over the | seas and far away has taken all the laurels from | his equine namesake of the turf, due latver bags been distanced sometimes, but his biped name- | sake on his homestretch took bit im his | mouth, floored his rider, ex-Serit brennan, and | has uow got so far ahead that there is very little | hope of his ever being distance’, The ques. tion now is not how ue ran ahead of Brennan, but how he ran atiead of vis political ad- versary for the Assembly in the PWeuiy-lirst dis- trict. Mr. Joun Ketly thinks that Mr. Chatlick ean throw some light on this mooted point, and there- fore, as a member of the committee o! five citizens delegated to ‘see’? Mr. Charlick, he has taken measures to that end, resulting in bringing Mr. | Charlick mto court yesterday, in the hope of draw- ing from him some of the secrets oi the inquisito- rial recesses of the marbie palace in Mulberry street. The proceedings yesterday, which will pe found reported below, are rather of a preliminary charac- ter; but no doubt belore they are conciuded enough will be elicited to convince Diogenes John Kelly that he will have to carry himself and his lantern beyond the precincts of the Bureau of Police Com- missioners to find an honest man auring a politt- cal campaign, at all events, “after his own heart.’ ‘The case came up origimally beiore Judge Bare rettin Supreme Court, Chambers, on an order granted on application of Mr. Jonn Kelly and others, members of the Tammany Hali Committee, | to show cause why he should not be examined as to his action in removing election tnspectors and in other alleged violations of the E.ection law last fall. There was also a supplementary order to show cause Why he should not produce the minutes of the Board of Polite, telegrams and other docu- ments relating to the removal of inspectors. Ex-Mayor Halil, as counsel for the respondent, raised a question of jurisdiction, but did not press, He insisted, however, that the eXamination take | place in presence of the Judge, Judge Barrett objected to giving up hjs whole time to the mination to the exclusivn of all other business of the Court. Mr. Hail said that the proceeding was very pe- culiar. The statute anu the order of the Court were that he ve publicly examined, It was an ex- amination without @ resulti—the eXamination to be merely fled. It should be in preseuce of aJudge of the supreme Court. Judge Barrett then opened the case, and or- dered that it be continued belore Judse Donohue, All concerned then betook themseives to the Su- pervisors’ room, JUDGE DONOHUE PRI Mr. Hail then formally opened the proceedings by intimuting that in accordance with the order tiey were willing to produce the books and to an swer all questions. Mr. Wingate, counsel for Mr. John Kelly and the committee of five citizens assvciated with him, said they only wanted the books, te.egrams re- lating to inspectors of election, and the minutes from August to September, 1573. | Mr. Cuarlick, who had been sworn by Judge Bar- rett, Was then questioned by Mr. Wingate, and made the following answers:—iu regard to ap- | poruonment of inspectors ol election last tail, the | lirst step taken was the appointwent of a Commit- tee of the Board about September, consisting of Mr. Hugh Gardner anu myseli; the vote on the ap- poimtment was upanimeus; I recollect an anxiety on the part ol Mr. Duryea and Mr, Russell to be on the committee; I don’t remember that they in- sisted the inspectors shoula be appoimted by the Board and not by a committee; there was no ob- jection to the committee: but, in « conversational way, Mr. Russeil and Mr, Duryea wished to be added to it; 1 did not make the moulon to appoint the comanittee; 1 cannot say it was uupremedi- tated; but 1 had uo previous couversation about the matter with any on Tammany Hail was anxious to get certulu men on, and a great many were named; Mr. Beers, of tue Council of Political Keform, said he bad means of knowing the character of the men, and | die rected the lst to be submitted to lim; instead of getting uny information about the meu L got back a@ list from the Council of Political Rewrm; no other body presented a list; the Mayor Was anx- jous to have proper Men appointed; I received a | letter from him, turough Mr. Beers, alter the com- mittee Was appointed, asking that Mr. Beers be heard as to the character of the men; 1 don’t Know of the Mayor objecting to the committee ua irregular; I gave Mr. Beers the Tammany Hall list and he gave ine a list of his own, but only a lew | of them were approved, as he could not teli their politics; Mr. Gardner selected the republicans wiu0 were appointed and 1 selected the democrats; some were summoned to appear and some were not; some were eXamined and some were not; we had no rule, but 1 examined all I could; we bad all sorts of qualifications; some were recuin- mended to me by democrats whom [ kuew; I don’t think the law requires that they be examined touching their quaiitications. Mr. Hall—I{ the law says anything, it 13 the Chief of the Election Bureau shail examine them; it doesn’t say the Commissiouers siiall, Witness—Each man was required to take the test oath; the, test for the democratic side was that the man Voted sor Francis Keruun last elec- tion, and the republican had to swear that he voted for John A. Vix; this test was before Mr. Hasbrook; if Mr. Keily, for instance, personally vouched jor a man | appointed him; each man had to go beiore Mr. Hasbrook and take the test oath, did not consult Mr. Duryea as to the appoint- ments; I saw General Duryea every day; I don’t recoliect General Duryea being present with ex- Sheruf Kelly and asking 11 he was to have no voice in the appointments; I don’t recollect Mr. Russeil claiming @ part iM appointing the republican: the committee presented the names with a im tion that they be appointed for such @ di: | trict, and the Board voted for them; 1 don’t re oliect @ Single name objected to at the Board; the Eighth uistrict iaspectors were suggested by Mr. Gale; I have permission from the Board to send for any book or paper for the examination ; Mr. Kelly aud Mr, Croker selected the names sor | the Bighteeuth district on the Tammany side; Al- | derman Mooheimer and James O’Briea for Apoiio | Hall; Lcoulan’t say what proportion I gave tam. many Hail, but I gave them more than fought; £ | have a list showing which were Tammany and which Apollo; Lappointed Mr. Conkung, vat not | Mr. Hogan; the Democratic Association in tne | Twenty-first district sent in a list; lL aon’t think £ talked to Genet about it; Lcouldn’t say whether Judge McQuade was working in Genet’s interest; | 1 will sweur | never told Mr. Moore that, party or no party, Genet should have all the inspectors, or that 1 would throw all my influence in favor of Genet; I can’t tell how many i appointed at the Suggestion of Judge McQuade and the Democratic | Association, but they were a much better class | of men than the others; presumed they were all residents, and I don’t know any of them wero irom down town; I can't say that any police were | Sent in irom other districts just prior to the elec- tion, Mr. Charlick here suggested that Mr. Wingate 1ook over the books himself before proceeding tur- ther, and Mr, Wingate consented, and the pudlic | examination was adjourned to Tuesday of next week. Mr. Hall—If you had examined the minutes frst, you never would have made the charges. Mr. Wingate—it is extraordinary, The minates a8 published in the City Record are altogether dif- ferent irom that book. ‘The books were then turned over to Messrs, Win- gate, Jackson and Campbell, the counsel tor the ve Cluigens preferring the charges. In # conversations: way, Mr. Charlick thon stated that though he might have made some mis- takes in the appointments, there was but one re- moval made about the propriety of which he had the slightest doubt, Counsel fot Mr. Kelly and associates, Messrs, George W. Wingate, Joseph ©. Jackson agd Thomas Cooper Campbell: for Mr. Charlick and Police com- missioners, ex-Mayor A. Oakey Hall, PLAN FOR A BROOKLYN MUNIOIPAL BANK. About @ month ago the Presidents of the severai Brooklyn banks tn which are deposited the city funds held a meeting and resolved that hereafter they would not pay a higher rate of interest upon the municipal moneys than three per cent. Here- tofore they have been paying three and one-naif per cent interest, Mr. Coit, of the F mimi tee, has prepared the draft of an ee the SIDING. consideration of the latur “An act to create a Finance erent for the City of Brooklyn and County of Kings.'’ The Finance Department is to consist of the Comptroller, Mayor and fitty ‘directors. Ther snail have the power to appoint subordinates and shall pay interest on receipts at the rate of jour er cent. All city moneys shall be paid into the & the same day aa received