The New York Herald Newspaper, March 17, 1874, Page 4

yA THE CouRTS. The Ocean Bank Case—Callender on Trial—Testimony for the Frosecution. | EX-BOSS TWEED. ae neta The Imprisonment Controversy---Ludlow Street or the Penitentiary---Decision Reserved. BUSINESS IN TI! HE OTHER COURTS. = The McGuire-Stemmler Case—A New Trial Ordered—A Question of Straw Bail—Verdict Against the New York and New Haven Railroad Company—Convictions and Sentences in the General Sessions. Judge McGuire has been successful in his appli- eation for a new triai in settiement of his contro- versy with Judge Stemmier, as to which was elected, in 1869, Judge of the Seventh District Crvil Court. In granting the motion Judge Van Brunt, of the Supreme Court, bases his decision upon afti- Gavits submisted on behalf of Judge Metuire, the purport of which has already been pubhshed in the HBKALD. The attention ofthe General Term of the Court o{ Common Pleas was occuped mostly in listening to the argument Judge yesterday in the case of ex- Hogan, brought forward as a test case to to the Court of Appeals with a view to set- u Stion of the legality of the removal of justices and the appointment by the tue old Mayor and Board of Aldermen of the new justices. ‘Yhe main ground taken was that the oMtce of po- lice justice Was elective, and that appointments to this office are in violation of the State constitu- tuon. b, Upon the demurrer interposed in the action brought by Oliver Charlick against the proprietors of the Evening Post tor $50,000, for an alleged libel, Judge Robinson, of the Court of Common Pleas, yesterday rendered his decision. He overrules the demurrer, with leave to delendants to answer in ten days. In the Grau-Rullmaa case, heretofore reported in the Heratp, Judge Larremore, of the Court of Common Pleas, yesterday denied the motion as to dissolution of partnership on accounting and appointment of a receiver. The denial, however, is Without prejudice to its renewal. In the Winship divorce suit Judge Donahue, of the Supreme Court, yesterday granted a precept committing Mr. Winship to Ludlow street jai! (or contempt of Court in not complying with the or- der as to payment of alimony ana counse! fte. THE OCEAN NATIONAL BANE. saws Trial of Charies Cxllender tor Naving, as Alleged, Accepted a Bribe to influence Ris OGicial Action as Eank Examiner. ‘The trial of Charles Callender was resumed yes- terday in the Uuited States Circuit Court before Judge Benedict, The defendant, it will be remem- bered, is indicted for having, in the month of Ucto- ber, 1871, in consideration of a bribe ot $74,000, Made a faise and untrue report in relation to the affairs aud condition of the Ocean National Bank Of this city. On Friday last nine jurors were ob- tained, an’ yesterday, when the Court met, there Was no trouble experienced im securing the re- maining three. The names of the jurors are as foliows:—David C. Waring, Charles Godfrey, Jolin S. Foster, Charles K. Kandall, Hugh W. Hun- ter, Ebenezer L. Ferry, Samuel C. Bruslie, David M. Valentine, Richard Arinstrong, George KE. Fer- Tis, Abra n Harris and William Mr. A. H. Purdy, United States Assi Attorney, appeared for the prosecution, and William Fullerton for the defence, OPENING STATEMENT §0) XE PROSECUTION. Mr. A. I. Purdy gave a briei statement on the part of the prosecntion, declaring that at the ime Mr. Callender made the report in question, which was favorable to the Ocean Bank, that Mr. Ment was in & hopeless condition of insolvency, @nd that for rendering such report had received, as he (Mr. Purdy) prop @ bribe of $76,000, ‘This bribe inf official action as bank examiner, and lec Mr. Callender to write a report in relation to the con- dition of Ocean Bank Wich Was Jals¢ and un- true. TESTIMONY OF CDGE FANCHE Ex-Judge Enoca the Witness stand Jor the prosecution. pen Sworn, he s Was a stockhoide deposi- tor in the 0c ational Bank in i8T1; for some Mvnths of that year [had been a direcio had previously een attorney vor the bank; was elected @irector of the bank in 1871; | know ‘Charies Cal- lender, the prisoner: my acquaintance With hun began in is thad wh him py sight prior to the tall of that year, but I did not Know tim to have conversation with him until after Septeimi 4s7i. Q. Did you ask Mr. ©: Ination of the vank Mr. Fullerton objected to the Cailender did anything it couid, i proved. iiender to make an exam- 1 supposed, be Q. Do you know whether he made an examina- Tion of the affairs of the bauk? Mr. Fulierton—if that examination is in writing At ought to be proance Judge Benedict—He does not ask jor the rep Withess—i Know taat Mr, Ca! mination of the | and he said he the last of sep tion itsel w uder nade > it, ¢ uh sation was i 1871; I think the exami sin the eariy days of October, 15’ Q. What sort of an examination was it—was he at the time ip your employ in any Way, or as expert’ A. No; I sought uim and requestea t to make the report, because he wasa United States Examiner vf Banks, and [ spoke to him in bis OMcia! capacity; le has had @ high reputation as examiner. Q. Dia he make any verbal statement to you of the.gondition of the bank | Mf. Fullerton—tIs that Judge be that Cale Jender told iia ne make a repor With He made a report in writing. Mr. Purdy—Could you identify ity Witness-—{ think I could, , Mr. Purdy—Tne report is not here, but I have Sent for it. Q. Did Mr. Callende' Of the bank, Make » indebtedness tot) Mr. Fullerton—i object to that. Serence wae i he did or not, judge Benedict—it depends upon th of ex- amination he mace.” Mw Witness—He did not make any statement to me Of his indebtedness te the bank; { had no KNOW! edge or suspicion tat he had any pecuniary traus- actions with the bank; this examination was made at my request, and with a view o: ascertain- ing if Leould take my seat with the directors of the bank; I bad been absent from (he city since June, and on my retaro {sought Mr. Callender for vhe purpose of asking him to mak mina tion; he said be would do so, but it would take some time; J met him some day r, when he said he was at work on the examin that he was nearly through with it; he mad verbal statement fo me, and | told him to put) writing aod submit it to the Board oF LD: he attended, a few days alter, a meeting fourd of Directors, at which 1 was pre Thade @ report on the statement book of @ud sigued Mis name to It, or he wrote some re- marks, if they can be called a report. re Pein d--The examination which Jasked Dale in reporting on the affairs statement to you of bis own yank? it makes no du- © make Was made at my request so at J wight intelligently take a course in becom- Ing Adirector of the bank; J sought him because © War @ bunk examiner: the report Was made lor MY iniormatiou; | did uot ask him to make an oM- Glal report; | asked hin because he was an expert bank examiner; he made a report verbally to me, | @nd I asked him to make it in writing to tlie Bourd of Directors; he made that statement on the bank | book; it is not an oficial report to the govern- ment, but was made for tue directors of the bank | and those who had @ right to see it; probably th official report to the government ‘is made in a diferent form altogether. } ‘TESTIMONY OF 1. PD. BISHOP. Edward DP. Bishop sworn—| was book keeper of te Ocean Nationa! Bank in Octover, 1871; [book produced]; the page of this book containing a | Statement of the affairs of the hank on the 2 day | Of October, 1871, i$ all IN my nandwriling, except | the memorandum at the bottom, and I sould Bay ‘Wat is in Mr, Oaliender’s handwriting. Mr. Purdy offered the memoranduiu or statement or Ga lender in evidenc + Fullerton satd this did not seem to be prone: f&nd he went on to ask the witness if tie Look was One of the bank books, Witness replied that it was; that the statement was no: one to ve sent to the Comptrolier of the Currency, but one lor the ins | (ormasion of the otticers of tie Wank. Mr. Puller. | | Make the cxaniination. | oh | to waten NEW ton then onserved that the statement was @ non- oMctai act on the part of the defendant, and, chere- lore, not competent to be given in eviaence. Mr. Purdy offered the statement Lo show thar the deiendant made am untrue examination of ‘he bang, it bemg his duty to make @ full, true and faithiul investigeuion of its affairs and condition. Mr. Fullerton coutended that the atatement was & trieudly action on the part of Mr. towards Judge Fancher, Mr. Callender was not bound, at the bidding of every stranger he met tm the street, to walk in and make ao examtaation of any bank be pleased. Such examinstion was to be | made only at the request of tie Comptroier of the Currency, Judge Benedtet saia he did aot understand that that Was the law Mr. Fulerton observed that he did bot know of any suck office as a permanent bank examiner. ‘The law stated that the Comptrolier of the Cur- ency, With the approbation of the Secretary of the Treasury, as viten a> might ve deemed neces- Sary, should appoint a suitable person to make the examination, ana he can designate a person to ‘The examiner could not, Of bis own motive, Walk 12t0 a bANK aNd do it Mr. Purdy—That is just what {thought he could dv. Mr. Pallevton—It was not an oMctal examination of the . Juage Benedict said his preseat impression was that 1 a man, bein; kK examiner, made an examimation of a sank, he could pot afterwards turn round and say he had made such examination in fits capacity a8 a private citizen. Ifthe point taken by Mr. Fullercou were weil taken there was, urse, an end of the case; but he did not at sent decide tt or rule against it He would ad- cement, subject to the objection. alemient Was then read in evidence by Mr. It was us follows: — Examined and 4th days of October and found correc mh checked. A most gratifying and Sastista ent in ail branches. entire harm * On the part of all concerned will make itutlon & grand success, and place it among our soundest instir I CHARLES CALLENDER, Examiner. Ex-Judge Fancher was recalled. He aaid this Was the statement he had beiore niin at the meet- ing of the Board of Directors. The writing at the toot of the page was Mr. Cailender’s. ‘Yo Mr. Fullerton—t! think the writing wi ten on the day of the meeting. ‘TESTIMONY OF COLUMBUS S. STEPHENSON, Columbus S. Stephenson sworn—lam a farmer now; in October, i871, L was President of th writ- 4 i a * might have to ask Cauender | Ocean National Bank; iknow Mr, Cauender; Uhad | kuown lium some three years belore Ootuier, 1871; had known him as a hank ¢xamier; I recollect Of bis Making an examination o1 the affairs of the Ocean National Bauk; Mr. Callender got som commodation irom the bank in the way of loans cannot state the amount now: the accommoda- | tion was at different times; I cannot state Wat tt would amount to in the aggregate. (A check for $.0,000 on the Union Square National Bank shown to the witness, who says le thinks he has seen this check before.) ‘this cieck Was drawn by Callender, and the Ucean National Bank paid him that amount of money; as aiso one for $35,000 on | the Third National Bank and one on the Shoe and Leather National Bank for $16,000; these enecks were kept by the paying teller and counted as cash; a check of August 16, 1871, tor $6,000, repre- sented @ loa at the time of the examination could pot say tf the toan was paid; the check of $25,000 was a loan; i have a kuowledge of the con- dition of the Ocean National Bank on the 3d and 4in of October, 1871; between tnar time and the mouth of December ta the same year it lost a large amount Of its reserves—greenbacks—by the fire in Chicago, but there was no ditfcrence during that period in its assets; 1s deposits ran down, but that did not take away any of the property of the bank; the character ol the se did not change from that ume alterwards; ve a general knowledge of the condition of the bank on the 2d ol October, 1871; a8 to what the cond.tion of the bank was that day regarding its reserves 1 cannot say without jooking at the books: as to whether the bank ov that day had any assets irom which money could be ioaned—irom which paper cond be dis- counted—| cannot answer that question; Lknow tat on tue 2d of October, is7!, the bank ioaned some inoney to Callender, and that the bank te was instructed to carry those checks as casi; 1 told the teller to carry those checks as cash i bis account, because it was understood between myself and My. Oailender that Mr. Callender wouid taxe them up nextday; it is my recollection that it Was necessary Ww count those checks of Mr. Callen- der on which the money was paid as legal tenders in oraer tO maintain the reserve of the bank, tne reserve which we were required by law to keep on hand; tf those checks fad not been us cash the reserve of the bank would en below the legal limit; my impression is that I would not have joaned the money in that way t body but Charles Culiender, ‘Tie being a bank examimer; the nauk paid Mr. Callender $100 for making that examination, on the requisition o! the Comptrolier of the Currency; that was the practice, and that mouvey was patd for tuis par- ticular eXainination, Cross-eXamination—Q, Do you mean to say that Mr, Culiender got the money on those checks! A. In some cases he got the mon cannot say irhe did not get the money he got the bank eck, payable to him, or perhaps Mr. ders check sertified to the bank; [ do hot KNOW What Mr. Callender got in eu of the ‘ai checks produced here, ny one case, he received A. Lean say as to on t Lean it was belore oO; the o: September; I knew that he got the money in one case: what case it was 1 do pot know; my impression is (at ke got 2 cashier’s check ‘and Bank certified tuere was nothing said about that belonged to the ¢ Callender tried to borrow ‘cean Bank On pills receiv- eed; the bank had some say wheth being good: m but did Portage I bonds on hdnd at the time; the Ocean Bank never had any loan ior which Portage nis Were Collaterals; my impression is not entirety and exciu- the benefit of Cuarles Cailender: the suow U Mr. Callender put any secu! ties into the bank at that me; T believe all col s appear in the books, which are now in the hauds of Mr. Theodore M. Davis, tae receiver o} the bank; Mr. lender may have deposited some o! the securities mentioned; at the time the bank made the loan I regarded the collateral given by Mr. Callenaer, together with hi security for the loaa; the bank allow lender money beiore on the same security, the loans Were paid; he paid the usual inter the loan: (ne bank got an equivalent; a note e: dorsed by Mr. Martin, a former President of ti bank, came iuto the bank as security lor one of those oi l cannot say what was deposited as colia or the loans ot Uctober 6 and 7:1 thou i owas ttmg good security for the Mr. Callender toid me that he wanted to use the money to take up loans that he had in other bank« in the city of New York, where he had sited Vonds of the Portage Lake and Lake rior Canal Company and a note; 1do not know vin every other transaction there were note in Several cases he brought me the sate collateral that ie bad in banks Where he paid of the loans; ynot Say that he did it im all cases; they brought down and deposited with me’ and f regarded {he securities as good... ourt adjourned til this morning at Ok. money eleven EX-‘BOS3’’ TWEED. es The Effort to Change His Place of Im- prisonment trom the Penitentiary to the County Jail—further Proceedings im Court—Decision Reserved. ‘The retinue of lawyers engaged in fighting the legal battles of ex-‘Boss’ Tweed were proniptiy on hand at the opening yesterday morning of the Court of Oyer and Terminer, Judge Brady on the beneh, to renew their efforts to obtain the removal of Mr. Tweed from his Blackweli’s “island home" to the more assured comforts of metropolitan lite at Ludiow Street Jail, Kegarding the motion to change the Court ord #0 as to make it conform tothe sentence 4s pronounced by Judge Davis, Assistant District Attorney Allen said that he Would consent to such change of the record, and he added that he would immediately draw an order to that effect, It was supposed that this Would be the end of the matter, It was not so, Root Said that this Was notall the change they wished to ask for. They desired that the entire Court record should be made to correspond with the stehographic notes, Judge Davis had failed m several portions and places of the sen- tence to sp’ yany place of confinement, and this aspect they « jered of sufficient importance to require corre le Mr. Peckiwam prov ach a claim before, r. Allen suppose: ec that he had never beard nd neither he nor Mr. Phelps such @ claim would be inter- ot ne posed. Mr. Root said that they had sent them notice of motion. Mr. Peckam acknowledged that tley had re- cerved notice of motion to change the minutes im regard to the place of confinement, but not on the point just raised. The record, he ingisted, was the highest proof ve he Court, and the only person Who could change it Was the Jnage. Mr. Graham said they desired that the second count shou n the record precisely as it was pronounced without any place of imprison ment being specified. They bad been so particular this matter that they could jp gentieman Who Went on Satur conclusive evidence as to the clal stenographer limseli. Mr. Peckham repited that he asked no further evidence of the unreliability oF te ographer than the lavective of Mr. Graham himsen in the General Term. When the stenographer puts a mark tte apybody eise’s mouth tt seems to be all right. My. Graham answered that they all knew the report to be correct. All they wanted was that the sentence pronounced upon Mr. Tweed go on tbe record precisely as uttered, ie could show that Ju Davis wanted to change it, but he ought fi to order the Clerk to vacate the order and to call Mr, Tweed to the bar and sentence him again. To enforce this view of the case he read irom a statute showing this to be, ashe claimed, the reguiar legal procedure. Mr jam id they conid not ask Jndge Davis to fhake an affidavit, as it would be undig- unified. Mr. Graham stated in reply that they were en- gaged in viepating a vrareeding in which they | the fire a Ph de ye Ny one 2 ee 4 oluhe Bo Nas The decorous thing for the Judge whe made the order would be V0 amend tt himself, if it required amendment. After sume further remarks Jndge Brady asked the gentlemen to pass up their papers, and prom- ised to render an early decision mm the case. BUSINESS IN THE OFHER COURTS. SUPREME COURT—SPECIAL TERM e Civil Judgeship Controversy—A New Trial Ordored. Betore Judge Van Brunt. The long controversy as to whether the ousted Judge McGuire or the present de facto Judge Stemmier shali hold the judicial reins in the Seventh District Civil Court is to be renewed again in earnest. Judge Van brunt, upon the motion made tn favor of Mr, McGuire to order a oew trial on the ground of newly discovered evidence. gave ms dec yesterday, granting the motion, Quite a lengthy opinion Was given by the Juage, giving his reasons for his decision. it appears that he haa grave doubts as to the justice of the verdict in Mr. Stemmier’s favor, and the aMdavit of Mr. Fielis, #5 Duplshed in the EBRALD, declaring that be was Dribed into giving his testimony m Stemmier’s favor, sunported Dy aMidavits of two other parties, thal on the night of the election in one of the con- tested districts they heard the vote announced, and that it corresponded with the official return upon which Jndge McGuire rece:ved his certificate of election, puts, he considers, such a new com- plexiou on the case as to Warrant a new trial, The announcement of the decision has put new spirit and hope in the MeGuire faction. Deeistons, By Judge Van Brunt. vs. Morris.—Judgment for plaintid, Robinson with costs, Winthrop vs. McKim.—Jvdgment for defendant. Gray vs, Green.—Finaings settled, Purniss vs. Furniss.—Judgment for plaintift. Spring vs. Hubbard.—See memorandum. SUPFEME COURT—CHASMBERS. Decisions. By Judge Lawrence. Bank of New York vs, Romer.—Memorandums, Lagrave vs. The Mayor, &c.; Vooriis vs. gume. Memorandums and opinions. Bowne vs. Bowne.—Report confirmed and judg- meat of divorce. By Judge Donohue. In the Matter, &¢., Sanders; Hall va. Macrea.— | Reterences ordered. Schenck vs. Smith,—Motion denied, dum. Ames vs. Reet: In the Matter, &c., Graham ; The City of Keokuk vs, Smythe; Trubaul vs. Trubau!; Sheiis vs. Shelis.—Memorandums. Lyous vs, Walker.—Motion granted. Sonneborn vs. Lavatello,—Motion denied. Lightstone vs, Schinid!in,—Motion granted. Memoran- Payne vs. Executors of Burr.—Motion granted and relerence ordered, , SUPEMO! COURT—SPECIAL TEAM, Decisions. By Chiet Justice Monell. The Peopic ex rel. Miller va, Erie and Anot Order settied aud signed. COURT OF COMMON PLEAT—SPECIAL TEAM, A New Phase im the Winston-English Libel Suit. Kelore Judge Larremoze. ‘The long pending Winston liber suit, though set- tied, a8 alleged, as regards the immediate part mm interest, has come betore the courts in a uew phase—a phase olving the not infrequent jjues- tion of straw bail, From the papers submitted to the Court it appears that when English was ar- rested in default of $50,000 -bail he arranged ¥ one Charies J. Grinteau to procure the req 8 bail, and gave the latter his check {or $550, of which sum $300 was to be paid to his bondsmen, and the remainder to be kep Mr. Gripteau as payment for his trouble, ft subsequently learned, as alleged, that Mr. Grin- teau kept the entire amount, and on his rejusal to pay. back $800 suit was brought jor its recovery, and meantime the latter was held to bail under an order of arrest, Motion was made to vacate this order, and the case came up ior argument in this Court. ‘The defence was the money Was solely for his services and not to pay bondsinen, and that, the bail ofered proving worthiess, he stood ready to furnisn other bail, The motion was denied, Decisions. Webster vs. Webster.—Divorce granted, Harrison vs. Conger.—stay of proceedings va- cated. Grau vs, Pulltman.—Motion for receiver and in- junction denied, without prejudice. Shea vs. Larkin.—Amendments allowed on pay- ments of costs Of motion and all costs before no- tice of trial. Curry va. Curry.—Divorce granted, child awarded to plaintift, Hirsch vs. Vogi Morris et al. receiver denied, accounting bad. Slater Vs." Martin.—Default opened on payment of cost Adams vs. Lock wood.—Judgment ordered, arnes vs. Barnes.—Application granted, json vs. Buddensick.—Proot of service of e ol confirmation reqwred, By audge Robinson. Charlick vs, Bryant.—Demurrer overraled. See opinion. Custody of indum for counsel. ration to remove ureties may be discharged aiter COURT CF COMWON PLEA:—TRIAL TERM—PART | Verdict Against the New York and Haven Railroad Company. Bejore Judge Loew,” In the case of Mrs, Anthony Bronk, who brought suit against the New York and New Haven Rail- roud Company for £5,000 damages, on account of her husband being run over and Killed by a train Of its Cars at the Corner of SiXiy-fourth street and Fourth avenue, th of which have been pub- lished in the HERALD, @ verdict was yesterday rendered giving her $1,400. cw MASIRE COURI—PAAT 1, Accident from a Street Fire, belore Judge Spaulding. Ardle vs, Pagan,—Defendant is a wheelwnight doing business in Sixteenth street, and was for- merly in the babit of building fires i the street in front of his shop for the yose of heating wheel tires. In May, 1875, the plaintit, a litte girl of two years, was paseing along the street im care of an oicer sirl named Mary MeMullin, who Says that just us they came up opposite man threw on some wood or stirred up the fire, whicn caused the sparks to My, and one struck the little girl’s eye and burned it severely. The child's parents testified that her eye became badly inflamed in consequence ot the burn, aud contiiued so ior pearly three months, causing hergreat pain. Dr. Pomeroy, who attended the child tor five or six weeks, said there was severe inflammation ot the but that the eve, he thought, was now perfectly restored, For the deience it was claimed that it Was not negligenc to build fires in the trade, but the Court charged the jury that the streets were for the use of tne public’ generally, and noone had a right to obstrnet them by build: ing fires. The jury rendered a verdict for the plainti for $60. COURT CF GENE%AL SESSIONS, Burglaries and Larcenics, Before Judge Sutherland. Jn this Court, yesterday, James King (a youuh) Was tried and convicted of burglary in the third degree, 3 appeared from the evidence of the prosecution that on the night of the 234 of February the cloth finishing establishment of Henry C. Wile helmi, No. 190 Centre strect, was broken into aud eight pieces of cloth stolen, the prisoner an¢ ed bim in an aiiey RIS possession, joseph Megan pleaded guilty to an indictment arging him with stealing a silver watch worth $15 from the person of Join A, Keller on the 6th of thts month. King and Regan we Prison for jour years. Phiip Beyer pleaded guilty to an indictment charging Wim with stealing $175 worth of wearmge apparel from Oharles A. Kimball on the 6tn inst. He Was sent to the State Prison lor turee year. Filen White, charged with stealing a pocket: book, contarnmg $16, trom the person of Bhiza Pat- nother, Who escaped, and arrest- Way With two pieces of cloth in each sent tothe State terson, While she Was looking juto a show window, | pleaded gniity to au attempr. Wiliam O'Neil who,on the n of February, stoie irom the person of George Hostings $23 at petty larceny from pleaded gutity to an atten the on. These prisoners were each sent to the State n for tWo years aud six months, in Reilley pleaded guilty to an attempt ab grand Javceny. ‘Jie ailevation was that on the ovh of this month by Herman Smith. State sentence imposed by the ( Patrick Sullivan, who, on cut Margaret Sulltvan with to asimple assault and batt the Penitentary for one year Youthtul Prize Box swindters the Penitentiary. Wilitam PB. Mansfield and Prank ¢ pleaded guilty to an indtetmeat charging them with false p: » ‘These young rascais and a number of others sneceeded in mdueing people to purchase prize boxes of soap in the streets for the sam of $2, with tue assurance that they #45 irom the person of on jor One year Was the te the ith of Feornary, 4 katie, pleaded guilty sry. He was sent to Sent to on | eyelid ‘and eyeball, | on the partof the de i 2 | Street ior the. purposee or ite, | lim in Elizabeth street, and robbed him of $6 and A police officer chased | . Astor, youths, | ca ee a sik YORK HERALD, TUESDAY, MARCH 17, 1874.—TRIPLE SHEET. ‘Davis to sign an afidavit. | contained from $1 to $10. [t ts said that these outhtut swindlers made irom $10 to $20 a day. | His Honor sent them to the Penitentiary for one | month. | _ Francis Hopkins and William Kelly, who on the | 26th of February forcibly entered the apartments of Alice Menzer, No, 230 Mott street, and stole three silk overskirts and a quantity of Jewciry, the aggregate vaine o1 which was $400, pleaded gailty to am attempt at burgiary in the third degree, ‘These prisouers were remanded lor Sentence. John MeQuinn pleaded guilty to @ similar offence, the charge being that on the 20th of Feb- ruary he entered the premises of Robert McGu No. 37 Vandewater streei, and stole a quantity o} vools. The complainant was the employer of the prisoner and interceded in his behail, stating that the otlence was committed waen he was ander the influence of liquor. The Judge tmposed a jight sentence, which was twenty days’ impris- | opment in the Penitentiary. | ESSEX MAMET POLIGE COUT. Still Amother Hearing of the Chamber- lnin-Wilkes Label Suit. Belore Justice Otterbourg. The famous libel suit o! John F, Chamberlain, the man of sporting notoriety, against George Wilkes, the proprictor of the Spwrit af the Times, was up again yesterday for a further hearing. Heretofore the time of the Court has been taken up in listen- ing to arguments arising from quesiions pro- pounded vy Mr. Wilkes’ counsel to Mr. Chamberlain, and touching on portions of the latter’s life. ‘The —_ cross-examination of Mr, Chamberlain was continued, yesterday by Mr, Courtney. in answer to a question as to whether he did not mention to several parties that the 1omr lamps beore tus club house at Long | Branch were turnished him py Wiliam M. Tweed, of, 48 he famitiarly termed him, “The Old Man,” at the expense of the city, Chaniberiain replied that he never received the lamps from the eily, but that be had purchased them from Joun McBride David- gon, that, owing to the extreme reucence of Mr, Cham- berlain ob matters connected with lis whole lite | and the rulings o/ the Justice, he would have to make @ preliminary motion for dismissal of the | complaint before introducing aftirmatory testl- | mony showing that the incidents in the life of Mr. Chambertain to which he had endeavored to | direct attention had all takeu place aud were mat- | ters of record, ‘The case was adjourned antil Saturday, when the motion wiil be made, COURT CALENDARS—THIS AY. | SueReMs CovuRT—CHAMBERS—Held by Judge Donahue,—Nos, 28, 53, 57, 60. Call 75%. SUPREME COURT-—GENERAL TKRM—Held by Judges Davis, Daniels and Lawrence.—Nos, 158, 161, 162, 163, 165, 21, 87, 167, 169, 171, 172, 30, 139, 155, 174, 56, 5, 176, 178, 15, 40, 87, 145, 148, 15839. SUPREME COURT—CIKCUIT—Part 2—Held by Judge Van Brunt.—Nos. 1636, 996, 1406, 1490, 1626, 1466, si 1820, 1822, 1824, 1820, 1828, 1330, 1832, Part 3—Heid by Judge 237, 1214, 1; 1605, 2921, 567, 1704, 717, 2481, 309, 1499, 2413, 133 | PERION CoURT—T2iaAL TERM-—Part 1—Held by Judge Monell—Court opens at eleven A. M,—Nos. 1, 871, 731, 533, 1647, 237, 729, 620, 61, 41, 163, 623, 1023, Part 2 Court opens at eleven A. M. 1490, 902, 926, 922, 034, 936, 938, 242, 944, 946, 1484, 472. COURT OF COMMON PLEAS—GENERAL TERM—fHeld by Judges Daly, Robinson and J. F. Daty.—Nos. 57, 25, 70, 10, 5¥, 62, 7, 70a, 77, 40. 67, 105, 120. ; | ny NOs. 830, 898, 870, Marine Court—TriaL Term—Part 1—weld Judge Spaulding.—Nos. 198 8, 238: 1470, 3498, 3428, 2720, é 2—Held by Judge 3529, 2289, 3827, Part 3—Heid by 5 $425, 4504, 3550, 2407, 4088, 4037, 4646, 463: 4560, 4615, 4827, 3778, 4000, 4549, Covrt OF GENERAL Sksstons—Held by Judge sutherland.—The People vs. Charies Duffy, tor- ¥; Sanu Cornelius Fitzpatrick, burglary; me Vs, rd L, States and Edward Curton, vurgiary and larceny; Same vs. John J. Wiillam- sou, burgiary and larceny; Same dames Murphy and William Ford, fclonious assault nd battery; Same vs. Louis Brass and Deininico ssine, felonious assault and battery; Same v: Wiliam & Linn, feloniovs assaait and battery Sume ys. James Stauley, grand larceny; Same Vs. James Gillen, grand larceny; Same Thomas Pitz ld, grand larcen: ume vs, Michael T. Maloney, grand larceny; Same vs. James Rodney, 3 grand larceny; Same vs. Henry D. Johuson, grand larceny; i ard Leonard, grand lar- ceny; Same vs, Charles H. Sharpe, grand larceny; Same Kate Harrman and Carl Mesef, dis: orderly house. BROCKLYN COURTS. + ‘vhomas Featherstone is suing W. Lockwood and EK, Devery, contractors, to recover $15,000, for work done under a sub-contract on certain build. | ings at Hofman’s isiand, Quarantine. The de- fendants claim that they owe plaintim only $2,751, which they are willing to pay. Yesterday plaintitt vied in the Supreme Court for a permanent in- netion to restrain the Quarantine Commissioners from paying detendauts any money and irom the laite: ving it. Decision reserved. Ju the Court of Sessions yesterday Robert MeGee pleaded guilty to baving stolen $1,000 worth of weiry trom the store of his former employer, eorge Goater, of Myrtle avenue. Ths was the e in which the stolen property was found in | Trinity church, whe the prisoner had deposited it with ihe ton, Who, however, Was not aware that it bad been siolen. Sentence deferred, | Marthew Doyle was convicted of breaking into | and robbing a liquor store at Degraw and Bond streets. He isan old offender. Judge Moore sen- | tenced dim to the Penitentiary for four years and | six months. | Alderinun 6. A. Gardiner, Patrick | Corneiius 1 forman and | States Cc joner Winslow, on the Charge of violating Bankrupt law. ‘The allegation is that | | Tra for Ute purpose of defrauding his creditors, disposed ot his property te Gorman, who in wurn disposed of it to Gardiner, | The Association of Brooklyn met yesterday afterooon aud adopted resolutions of respect to >memory of the late Senator Sumner. There teen members of the Bar present, es were Mace by Wiillam &, Robinson, . arnard and others, COURT OF SESSIONS. Eex-Deputy Collecior Gill Arraigned, Before Judge Moore. Captain A, W. He , eX-deputy collector of taxes, who is indicted on the charge of haviog stolen money from the city, was arraigned yester- day. Desirous of being spared the annoyance of listening to the reading of the fifteen indictments against him (which would consume a couple of hours), he askca Counselor Keady to waive the reading, Which was done, The prisoner pieaded not guilty. Counsel requested that the bail pe | fixed at as low an amount as possible, as the pris- oner Was & poor man, and several ot his sriends would go bail jor lit if the bail was not tov heavy. Judge Moore will ix the amount to-day. A Dranken and Obstinate Juryman. | Joseph Harvey was tried for highway robbery. | The complaining witness, Ronert Toad, swore that | on the 12th of January Iast the prisoner attacked atobacco box, When the jury went into their room to deliberate as to what thetr verdict should be it was found that one of them, Thomas Siili- man, showed unmistakable evidences of being drunk. He became very obstinate and emphati- cally reiused to agree with his fellow jurymen. man sent the following Moore :— We are sorry to report, that we have all agreed | one man, and be is so intoxicated ax to lost his | reason. GEORGE NICHOLS, Foreman. Judge Moore immediately sent jor the jury. In they came, and, sure enough, Silliman was boozy. | Judge Moore committed him to jail, saying that he Would attend to hs case in the morning. ‘The other jurors were discharged with the thanks of the Court. The Judge commended them for notifying him of Silliman’s conajtion, as it would | avert trouble over Harvey’s case hereatter. “CORONERS’ CABES, The Fatal Burning of Mrs. Mangin. note down to Judge xcept brought before Coroner Woltman to give her testi- | mony 10 the case of Ann Mangin, late of No. 208 | West Twentieth street, who was burned to death | on Saturday ight by her clothes taking fire in consequence Of the breaking of a kerosene oi | husband, Owen Mangin, as heretofore publisaed in the HBRALD. Mrs, Carey made an affidavit, in which she detatied at length the domestic dimcul- ties which existed between Mangin and his wile bility of temper. hen Mangin came home jate intoxicated his wife abused him most ontra- geously, and While fixing the lamp, being nnavie to endure the abuse any jonger, he threw or ae. Wagainst the stove. As the lamp droppec | explosion followed, and the clothes of Mrs, Mangin, who stood some t from her husband, canght fire, ‘dhe witn emphatically denied Mangin liad thrown the lamp at deceased. 1, above is the substance of the witness’ testimony, She was sent to the House of Detention to await the result of the inquest, Fei) Down Stairs. Coroner Woltman yesterday held an inquest at No. 116 Muiberry str Winn, forty years of age and born in trelund, Whose death rosulted from. injar received fb | accidentally falling uown a Might of stairs No, 71 | Mott atrect, Where she had been calling on some | ichemuds, Mr. Courtney, on behalf of Mr. Wilkes, said © , 2967, 172, 2549, 1095, 275, | Held by Juage Freedman— | Jotin Radiey, | 2ey have been held to bail by United | Finally the jatter lost their patience and the fure- | Jamp, alleged to have been thrown at her by her owing to their intemperate habits and incompati- | on the body of Mrs, Bridget THE EASTERN QUESTION. ON THE BOSPHORUS. A CLOUD Rassia Finds Her Oppor- tunity. The Attitude of Austria and Turkey. LONDON, Feb, 24, 1874. {t can be no Insigaificaut sign of the times that With the accession of a conservative Ministry the | | Englisn press begins to takea more belligerent | tone in reference to the rumors that already | thicken the air as to the revival of the Eastern question. “England will not permit this, will not | be indifferent to that,” &., &c., certainly mean | that England thinks something is likely to be done | unless she interieres, The English people, whether | inclined to blame Gladstone or uot, very gener- ally admit that the foreign prestige of England has | been very much damaged by the management of the libera! administration, Part, and it seems to ; me the wiser part, admit frankly that the position | of the country is no longer such that it can or ought to meddle in Buropean politics except } tn self-defence; but another, and I think | the portion more infuential on the new | administration, wiil with difficalty be reconciled to the idea of the obliteration of England as a Eu- ; Topean Power. The necessities of the conserva- | tive administration wilt compel it, im default of | any distinctive policy, to differ from that of Mr. | Gladstone In its foreign management and take a | firmer tone in dealing with questions relating to | the East, and it will meet with a certain encour- | agement in taking up the traditional role which | the Crimea saw played out. WHAT RUSSIA MEANS. | The oracular toast of the mperor of Russia pointing as it does directly to a crisis in affairs, excites, therefore, an intense interest in certain | directions, and is, as was intended, interpreted in contrary senses, according to the hopes and fears of the interpreter, Since the Emperor coupiea the name of the Queen with tnat of the friendly Emperors people say that his “peace” must impiy | On intention of disturbing the existing order | of things. How can he couple the name of ; tne Queen with peace if he contemplates war? they say. There is nobody in the world like ‘The other side Of the question is not irnored, how- ever, and there are many Englishmen who think and say that the Emperor means peace, if he has his way and 1s confident that the Queen will not allow ber government to interfere to prevent his carrying out his plans, I believe simple solution or the oracle. We have seen for generations that Russia has a fixed and invincible | intention to penetrate to the Mediterranean; that | she was only stoppea by the combined powers of France aud England, not to talk of Italy and Tur- key, and that Austria dared not Interfere on the side of the Western Powers when they needed her sadly, Can we suppose that the intention will fail when the execution of it becomes at length per- | fectly facile; when France is helpiess, Ausuria con- senting in spite of herself, Prussia intensely friendly, and England absolutely alone in Europe? To suppose that England is capable of offering any resistance by any combination in her power to the plans so long known and always so openly avowed of Russia would imply the faith and sim- | plieity of a French rural; to conceive that Russia | | will defer the execution of her plans until France | has recovered her power tar enough to engage | Prussia in case of Austria’s bolting is to give the | Russian government credit for less than average common sense, The fleld is now clear; another | year complications unforeseen may arise. Turkish finances are hopelessly invoived, and bankruptcy is ouly kept off by temporary loans which General Ignatieff will stop by a wor army is at its lowest; the navy in a state of Indic- roua inefficiency; the saiuers habituated to being mancuyred oniy by steam and utterly unused to | their guns; the engineers almo-*t entirely English- | men, of whom very few wil! appreciate the advan- tage of being blown up by Russian torpedoes or | sunk by Russian monivois. In @ word, all | tne force of Turkey is umable, alone, | to delay a Russian victory until English forces could reach Constantinople. England would not make war on such a casus belli | as a move toward Stamboul would be rash in view of the unaccountabie and absurd things the | English government has doue; but to believe that sue could help matters by going to war ior Turkey | one must know very little of the position in and Europe. LORD DERBY'S POSITION. Lord Derby is too well informed to hold any dein sion in the matter, and must know that the game ' fs entirely in the hands of the Czar, effort to twifil even | tatal, necessarily, to ‘Turkish mdependence, | will not as surely involve Engiand in an) ical combinations. !f Russia decides the way for England to save what she prestige—f, @., ine litt! tion of the Black Sea treaty, there w ficulty in accomplishing the work so long de the expulsion of the ‘urk asa political may of her imperial good will, carried to this point, viz.: that if England is well disposed ason the occasion of the any minor mouiti sist On any matters of form which her dignity can make need{ui aud which do not touch on | substance of the decree. In fact, as it is England, not the Sultan, Who is avout to abdicate, she will be allowed to draw up the document of abdication in her own words, and add apy protocols in favor of her merttorious servants which may be befitting | the circumstances. ‘OSSIBILITIES. If however England does not accept the , situation; f @ blind pubiic opinion iusists on dying game and repeating the Crimean blunder, while it | upholding a rotten | she may risk her own mdependence. | manner of doubt t exists between Russia and Prussia, | find that it | Sea, and tf, 18 more by needed in dividing it to the cover an Englishman for secing what he wants to see. | this to be the | ; the morale of the ; To say that ¢ around the Bosphorus or the general condition of He Is also too prudent aad able a Minister to make 4 usciess treaty obligations unless the | | Cnar pushes matters so rudely as to make it a | point of honor to do so, and we may safely con- | clude, I think, that the issue of the matter, while new pout. to smooth remaiming afier the aboti- 1 be no dif- dae power from Europe. The fussian marriage and the visit of the Czar to England are other expressions of the and as tractable revision of the treaty | above alluded to she will be allowed to suggest ation Of the imperial decree, in- the is scarcely possible that sie should change the result, she may put herseif mor- ally in the wrong before Europe by persisting in aud barbarous government, and ‘There is no 4 complete understanding nd recent im- | periai movements make it equally clear that Aus- tria finally consents to Russian plans on condi- | tion, dountless, of having certain compensatory | advantages, so ‘hat in case of Rugiand sending Yesterday morning Mrs, Mary Caffrey Was | nor feet to ald Turkey in the Black Sea she may North both every porsible thing will be done to show amicable feeling and take away the sting of actual defeat—ar any rate to save the amour propre of the islanders ‘80 aa to leave no pretext for a popular excitement which might ve readily awakened by any measures too abrupt or openly hostile—and tue conviction of Russia seems to be that this will suffice. She ap Proaches, like ancient Rome, with gifts in ome hand and @ sword in the other, and it rests with wisraeli’s Cabinec to say which ale shall employ. THE DESIRE POR REVENGE. There is, however, ast have said, a feeling om | the part ol many Englishmen which finds tts hae | bitual and able expression in the Pall Mal! Gazette, that England has been too often victimized and humiliated by the European managers of events to permit any further retrocesston without utter | logs of prestige, and there is no doubt that if the | conservatives judge it expedient to act they may | fam this feeling into a fame which would kindle & European war instead of one purely Danubian; but it is dificult to see how England can draw any good results therefrom, except the purely honorary one of abdicating with proper dignity. With the abolition of the Black Sea treaty England lost her oniy secure hold on the direction of Levantine matters, and that step is irretrievable. That was the liltiug of the floodgates—it is idle now to try to sweep back the deluge. The new administration must see this, and I can hardly conceive that it will so rashly court disaster as to encourage this public discontent, which would make interference inevitable but withont making | it effective, and this consideration induces me te | conclude that England will elect, in spite of the discontented party, to assist at the Mneral feast oO. ) the sick man as the mutual iriend of all parties concerned, | AUSTRIA’S SHARE. | The share of Austria in the partition wiil be gen- erous and all sie would have hoped for. The | eastern coast of the Adriatic, as far as the Greek | frontier, and all the interior dependent on these | suores would conveniently extend the Empire and intertere with no plaus save those of Italy, wha would probably be pacified by the annexation of | the Italian Tyrol, and, perhaps, even Trieste; and | Thave heard tt said that rather than make Eng- land discontented she would’be allowed to appro- priate tne Isthmus and @ part or the whole of Egypt. If she is wise she will certainly stipuiate | that the island of Candia shall pass under her pro- tection as the sole refuge for a naval power in the | whole Levant, and with tuis she would have a | better position in regard to Eastern matters gen- | erally than she has now, seeing that the Biack Sea. | as become a Russian lake. TURKEY. As to Constantinople, there is no interest except | that of fanaticism to oppose Russian advance. The present Grand Vizier, Hassim Avin, is a heavy- | Witted, fanatical and ignorant Mussulman, pur | Sang Turk, and as incapable of governing as the women of the harem. He is of the ultra retrograde party, but willing to do anything for power. Most ofthe old-fashioned beys, weary Of progress and agitation, are quite ready for Russia to take them under her care and protect them from the Westerm infidels; and in the whole Empire there is no statesman to take the direction Of affairs or sol- dier to carry them on if it comes tu blows, the best officer probably on the surfuce now being Mehmet Ali the Prussian, the conqueror of Candia. The feet is under no command. The Englishman Hobart Pacha, a poor, ineMicient officer at best, has long ago lost the confidence of the Porte, and is kept in his place only by the contract under which he entered the service, There are fortifications going ou om the Bosphorus and torpedo experiments, under the supervision of an English ex-Confede- | rate officer, but there are no funds or means to arm or experiment efficiently, and it ts safe to say that when the Russians see flt to move down | the Bosphorus they will be in three days in com- | mand of Constantinople and all its defences. There is @ rumor that Ignatie® is going | to London as Minister, which has prob- ably no foundation whatever; but if it have any it has probably nothing more than this, that he will be able to convince the English govern- ment by the most indubitable proois that he holds the whole game in his hands, and that, knowing every town in the Ottoman Empire, its resources, Weak points and official personne! as no other liv- ing man does, he will be able to convince Lord Derby that resistance is idle. The Czar will never withdraw Ignatiei from Constantinople until the game he has been manager of so many years. is played out and Turkey a Russian province, It is absurd to predict that the Eastern question will come on this year or next or any other, but one thing may safely be said, that for twenty-two years Russia has not had so favorable a time for the execution of her plans; and to beiieve, on the Strength of newspaper assurance based on noth- ing more than imperial toasts or diplomatic de- nials, that Russia has abandoned or unnecessarily postponed the schemes avowed fora century or two because of sentimental consideration for Queen Victoria, is to suppose the millennium really at hand. | CHARLES DICKENS Evil Which Great M Live After Them? To THe Eprrorn or THE HERALD: Will you permit meto ask a question or two in reference to the above named gentleman? What is the object of so many correspondents of your paper (who profess to know so much of the late Jamented author’s private life) in attributing to him such poor, pitiable frailties as are continually found in buman natare in every grade, and which feem to be inseparable from us all since the workt began? Is it to show that he was a good preacher, but a bad practicer—a man who had a peculiar gift or drawing the frailties of others, bat never touching or correcting is own? In this respect which of us can throw stones? Those of us who are not authors—those of us who have not talent hould the enough to become public teachers—have the same fault, and in our everyday life and conduct we give it expression. Is this principle founded on a correct and heathy moral tasie? Is the attacking and fault-finding in dead men’s private characters a plank in the plat- form of Christiarfity? or is it a pandering to an un- healthy curiosity that recoils upon ourselves? Are the moral and intellectual and human influences Of the Writings of such men as Dickens and Lord | Lytton strengthened by the discovery that these men were not what they ought to be? Was the intended light thrown upon the private life of Lord Byrou by Mrs, Stowe conducive toa id re~ suit? Was the late attempt to throw a@ light om the character of Abranam Lincoln @ labor of charity, or was it not rather (as the tendency of all these post-mortem discussions is) to shatter somebody's idol and make men think that there 14 less good in the world than they thougnt? Take the private life of most great men, whether in science, in art or in religion ttself, and do we fing them perfect? Those’ of us who are practical men take ideas where we can find them. If they Suit us, or if We can consort them with our own, ‘¢ sometimes arrive at a conclusion that would take us, unaided, perhaps a lifetime to arrive at. Shall we turn away because the mau who gave v she seed that we nourish into flower and Icuit was not what he ought to be in other respects? Those of us who are not so practical, but who turn to our favorite author with thankfulness for the good he has done us, or tried to do us, will find a sadness at our peart that we never knew before when we | points, she should suifer defeat in eituer, the con- | are told that the man who roused in us better sequences Wight be incaicnlably disastrous, feat of the bome squadron by the combined Baltic \ flects of Russia and ) England, but the opinions of outside: | of England does look forward | the Unitea it seriously. ENGLAND'S CHANCES. | in shor. the balance of chances is so much | against Hngland that it would be madness or in- spiration which should push her into a forcible ag it | call myself such again If the only relic of that Russian movements, and clearly conciliatory | protest | Russian against diplomacy 1s | seems almost certain that England is not to ve | in any way pushed to the wall, and 13 even to | wave aaolden bridge built (or ber retreat; tuat A de. rmany is, quite within the | possibilities and woul end the independence of , It is not probable, Englishmen will say; | to '$ are different, and it | isatall events one of the contingencies a part | | event of a war without an ally either in France or utes (there being some eccentric peo- | an | pte who talk of an alliance between America and | America to make money ¢ | England in defence of the latter!) and occasion: | that | ally talks of spasmodicaliy, so that there 18 no Oc- casion to attrtate lunacy to @ man who discusses ugiits, holier feelings, purer aspirations, nobier ! incentives ‘and a broader charity to all men was ' himself only @ teacher after all. There are false idols and true tdols. Puli the false ones down if you will, Dut leave Us those whose tendency 1s to make us betier men and women. We cannot afford lose them, let the man ve what he may who carved them. Dickens’ are ours | now, bequeathed to us py the man whose relics are jaid in Westminster Abbey, to as & possible | and who, whatever may have boon his faults, was | only human. One more question and I ciose. Why | 18 ib that every one persists in telling us that Dick- ens was mercenary t ie only came to Supposing that he did, is kind-learied, opeu-fisted America to be the only people who regret what they gave to hear Dickens, an acknowledged genius. aud at the same time shower hundreds of thousands of dollars | Upon other foreign performers who bave lett chem no legacy, but Who are only to be remembered oy | the sweetness of their voice or ther impersona~ lions of character? Dickens has dove tore than stugers, actors or lecturers, for lus ereattons wilt live in America in the hearts of her peopie when the genius of others is forgotten or Stpersed | Were la friend of Chaties bickens I would ne er dna BB patie: si in the arrow that red at his reputation. Yours, Pee TAMES SMITA, | No. 106 ASYLUM STREST. DARTFORD,