The New York Herald Newspaper, April 1, 1874, Page 4

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‘THE COURTS. New York by Gaslight---Rival Com- panies at Loggerheads. | | BUSINESS IN THE OTHER COURTS. Summaries---Important Maritime Question---Decisions. The possivitity af a new issue af inconvertible paper [ regard with amazement and anxiety, and, in my judgment, such an issue would be a detri- | mend and a shame,—CH ARLES SUMNER, | Yesterday Charles Callender spent a consider- able time in the United States Courts endeavoring to perfect nis bail bond for $20,000 to take his sec- ond trial on the indictment accusing him of having accepted a bribe of $76,000 from the Ocean National Bank. One bondsman, Jonn Boylen, No. 139 Grand street, appeared, and signed the bond; batas a second was necessary, Callender had to remain in the custody of the Marshal, though he seemed te be under the impression that one bondsman was enough, as ‘he property upon which the bond was given is worth far more than the amount specified, The District Attarney stated that, as the boud was drawn, it wouki be perfectly worthless wituout aa additional bondsman being upon it. Emile Blum, a member of the frm of R. M. Allen & Co., was charged, some time since, before _ Commissioner Osborn with having removed some | of the assets of the firm, in certain proceedings in bankruptey, with intent to defraud the creditors. | Alter evidence had been very fuily given in the Matter, and alter hearing the statements and ex- Planations of Mr. Edmond Price, counsel for deiendant, Mr. Blu was honorably discharged, the proof zoing to show that the assets which be had removed were the property of his wife. Judge Blatchford sat yesterday in the Uniced States District Court, and was occupied during tue whole session in hearing arguments in patent cases. All of yesterday was consumed in the Court of | Oyer and Terminer, Judge Brady on the bench, in aneffort to obtain a jury for the trial of the two Italians, Stephani and Paolo, charged with the marder of Michael Harrold, In November last, in South Fifth avenue. Ten jurors were obtained, which exhausted tne panel. Another panel was ordered ior tuis morning. NEW YORK BY GASLIGHT. Contest Between Rival Gas Companies as to Lighting the City—The Matter in the Courts—An Important Argament. In November last the city advertised for pro- posals for lighting the street lamps, On the 25tu of December the bids were opened and the con- tracts awarded on December 31, the same to take effect on the 1st of January and being for the pres- ent year. The Mayor, Comptroller and Commis- sioner of Public Works comprised the contracting board, All the old etty gas companies—the New York, Manhattan, Metropolitan and Hariem—put in bids jor their respective districts, and, except- ing the Metropolitan Company, they each received the award through putting in the lowest bids, ‘The youngest of our city gas companies, and rival of the rest, also put in a bid for the whole city, but only got the award for the Metropolitan Gas Com- pany’s district, embracing that portion of the city LetWeen Thirty-fourth and Seventy-uinth stree Ab effort is how being made in the Court to pre- vent the city irom executing its contract with tue New York Mutnal Gaslight Company, The case came up yesterday in Supreme Court, Chambers, before Judge Donobue, on a motion to enjom the city from fulililing tue contract. Itcame up on a remopstrance trom Mr. Zollikoifer, President of the Metropolitan Gas Company, but not made in tus capacity as President of the company, but is a taxpayer, and claiming that the carrying out of such contract would Le a waste of the public money. Mr. Augustus Smith opened the argument for the motion. He insisted that the award oi the contract wiih the New York Mutual Gaslight Company was mM Violattou Of the statute, that all the formalities pon gees by stature had not been complied with, and that the contract was irregular inasmucn as it failed to specify the date from which it begun, and that thereupon the sureties could not be hel countable in case o/ its non-iuifilment. Heenlarged | at great length on each of these pots, and read citations from the charter and from special s'atutes a8 Well ag quoting Various cases in support of bis views. Assistant Corporation Counsel Andrews made an equaily lengthy and indirectly equally cogent argu- Ment in Opposition to the motion. He read various affidavits to start with, leadiig off with one oi Mr. Charies Place, Secretary and Treasurer of the New York Matual Gastivnt Company, setting forta that the company had already laid sixty-two miles of gas mains through the various streets and avenues of the city; that all that remained for them ‘Was to connect with the city gas lamps; that they stood ready to do this almost at a moment's no- tice; that the other gas companies were bound by aX agreement entered into among themselves not | to lay mains within the otiers’ districts; that they were prepared to furnish gas all through the city, except in the Harlem district, and that they oud Offered to furnish gas for the street lamps at $35 @ lamp per year. Anaffidavit of Mr. Richard A, Storrs was also read, showing what the city had aid tor supplying gas to the street lamps hereto- fore, the price belure the existence of the York Mutual Gas Light Company being from 350 to $55 cach. Mr. Andrews proceeded to siow that this new rival to the old gas companies had reduced the expense of lighting the city streets from $55 to $35 a lamp, being a saving to the city of $370,000 a year. He insisted that tuls percent. of saving in the district in que: did not Jook like a waste of the city’s money, Mutual Gas Company nad compelied this reduction, and while it was to be regretted that it could not then obtain the contract jor tignting all the city streets and avenues below Harieim, it was clear that im the present ca-e, though tt was possible to Taise some merely tectnicai objections to award. ing it the contract, the public interest had been consulted in making the con- tract with tis company, It was stated jurther that this company now lighted all the public parks except tue City Hail Park, and every piace of amusement except the Academy of Music and Booth’s Theatre, aud, in short, that through its competing infipence the city was being furnisned with better gas than heretofore and at reduced rates. At the close of the argument Judge Donohue took ‘the papers, reserving bis decision, BUSINESS IN THE OTHER COURTS. SUPREME COURT—CHAMBERS, Decisions. By Judge Lawrence, Hackley vs. Draper.—See opinion. bart! vs. Sartl.—Decree of divorce granted, By Judge Dononue, Greene va. Browu.—Order granted, Price vs. Price.—Decree of divorce granted, Sanders vs. Sanders.—Memorandura, In the Matter, &c., Commonwealth rire Insurance | Company.—Ke erence. | Wiison vs. Deen.—Opinion. | Foster va. The Board of Commissioners of the Department of Pubic Parks. - Motwa denice: } ‘dhe Mayor, &c., V8. Rem ‘ SUPERIOR COURT—SIRGUIT—PART 3. Decision. By Jndye Van Vorst. Martin.—Case aud amendments Cushman vs. settied. SUPERIOR COURT—SPECIAL TER: Decisions. By Judge Curtis, The East River National Bank vs. The N Housatonic and Northern Ratiroad Comp tion granted. Wright vs. O’Sul'ivan.—Motion for discovery de- | nied, without costs to either purty, COURT OF COMMON PLEAS—SPECIAL TEAM. York, —Mo- | | | and the NEW YORK HERALD, Healey vs. Lucca and others.—Order for exten- mon of Lime to anawer vacated, J, Jurrett vs, Lucea and others,—Order for exten- sion of time to answer vacated. Platt vs. Kichmond.—Ordered that plaintif have Jjnogment on demurrer, with $10 costs of this mo0- tion. Piatt vs. Richmond and others.—Ordered that piaintui have judgment on demurrer, with $10 costs of this motion, Friedman vs. Freeman.—Motion denied, with $5 costs. Conway vs. The Twenty-third Street Railroad Company.—Motion overruled and plainti have leave to enter judgment. Clement vs. Keys.—Judgment for plaintiff? $10 and $25 allowance. Stevenson vs. Morgan.—Motion denied. MARINE COURT—GENERAL TERM. Important Maritime Question—The Jurisdiction of the Marine Court Over Offences Committed On the High Seas — Defined, Present Chief Justice Shea and Judges Joachimsen, Alker, Spaulding and McAdam, The application in the case cited below is one of very considerable importance to the shipping in- terest of this country and foreign governments and ports. the Marine Court over cases which are supposed to be specially within its jurisdiction, and a3 this has been for some time a vexed question it is now happily, No doubt, to the cousctences of for- eign consuls and of the Court itself, set at rest for ever. ‘The opinion of the Court was delivered by Judge Joachimsen, Application having been made to the Judge at Chambers for a warrant, an or- der of arrest showing cause of action by the plainti—, @ seaman on board of a foreign vessel against the deiendant, the second mate of said vessel, for an a'leged assault, &c., on board of said vessel white on the high seas, application being reierred to the General Term, so as to insure uniformity of practice, the ‘olowing decision has been arrived at:—As a@ general rule torts committed on board a foreign ship on the high seas must be considered as having occurred within the territorial limits of | the foreign natin to which the vessel belongs, | and the parties having the ship's equipage, though actually here, can in law be considered re- maining witiin the foreign jurisdiction. In such cases we have a discretion to exercise our power, and we have decided to decline to grant or main- tain the order asked for uuless tt is made to ap- og either—first, that the plaimtiff or defendant as been regularly discharged ‘rom nis ship oy competent authority ; or, second, that either of the parties is a resident or citizen o/ the United States, In the excepted cases only will process be allowed. Decisions. Before Chief Justice Shea and Judges Joachimsen, G aulding, Alker and Mcadam, Bernbeimer.—Judgment reversed granted, with cosis. to appellant to Opinion by Chief Justice Sued Gross.—Judgment attri costs. Opinion o: Court by Judge dissenting opinion by Chil Justice Shea. Dewey vs. Ransom. Judgment aiirmed, with costs. Opinion by Chie! Jusuce Shea, Judge Aiker dissenting, Drinnen vs. Mosher.—Judgment reversed and judgment absolute for the defendant, with costs, Opinion by Chief Justice Shea, Locher vs, Keuck.—In all actions wherein the Plaintiff recovers less than $50 he is not entitied to abide event. Fiseber_ vs. | ettaer costs or disbarsements, and the defendant It decides, in fact, the jurisdiction of SPIRITUALISTIC ANNIVERSARY. chido vT terday Afternoon—Celebrating a Tw: ty-Sixth Birthday. | Yesterday a/ternoon the twenty-sixth anniver- | Sary of the advent of modern Spiritualiam was celebrated at Robinson Hull by a grand oratorical, Spread-eagle entertainment. As early as two o'clock the medinms began to glide, spirit-ke and airy, intothe hall. The long-haired brethren and | short-haired Sorosis mingied in happy union and conversed with matter-ol-fact familiarity about the hosts they tad lately shaken nands with. The low | Of soul was brought to a ull stop by the ‘feast of rea- | son” which the programme containe!, This docu- | ment stated that Judge Edmonds would be present to address the meeting, and his conspicuous | absence made countless numbers manrn. ‘The choir | Opened proceedings with most effective singing. ‘When the last dulcet strains of the syren song faded into thin air Dr. Hallock made ‘some re- marks.” Miss Jennie Adams next sang & solo; and, previous to the flute solo of Mr. Withers, Mrs, Charlotte B, Wibour made “more remarks,”” and Mr. T. G, Forster, who has been hibernating during the winter, came jorward and delivered “other remarks” while ina trance. While in this blissful condition there wax enough of earth tp its soul to allow him to retain certain tables of figures which it took Herschel) years to compile. From these figures he made the following startling dednction— to wit, that i would take # soul, travelling at the same rate of speed as light, 1,900,000 years to get tea heaven, which was said to be situated on the outer verge of the material universe, This reve- lation, horrifying as it must be to all who beheve in heaven, ended the first part of the procramme, and Mrs. P. A. Wieland opened part second with a solo. Mrs, Nettig Maynard was put into a trance by Dr. Bramford, who amused everybody very much. Mr. Warren S. Barlow read an original poe entitied ‘Twenty-six Years Ago,’’ which evoked much appreciation from the brethren and sisters. Two more “few remarks,” by ladies and gentlemen, and the twenty-sixth anniversary of ries Spiritualism closed to the satisiaction of a | rhe possintrity of a new tssue of trconvertidle paper I regard with amazement and anxiety, and, in my judgment, such an issue would be a aetri- ment and a shame.—CHARLES SUMNER, | eee eer | REAL ESTATE. There is quite an apparent increasing interest in the real estate market, owing to the possible grave contingencies pointed out here of the car- Tent situation and pending Conzressional legisla- tion, and there was a large attendance at the salesroom yesterday to watch the day’s business, The foliowing was the resuit in respect to sales:— By A. H, Muller & Son, by order of the Court, in fo closure, thi Total, $20.25), mrt, in foreclosure, the three rn stone house and tot, 19.5x, Ti on the north side ot 123d street, 8) teet west of rth avenue. to Kmanuel Loewensfels, the second gage, for $12.20. three Fourth avenue, to Riker Rockefeller, the second DA Spiritualists at Robinson Hall Yes- x | from § ry and basement brown stone honse and | Ix10).11, on the north side of 123d street, 118.10 feet | Is entitled to neither unless he hasan amirmative eretge, (or SUtoy ent brown stone house and judamentin hts favor against the plaintift, This — jor, 19 5x100.11, on the north s de of 128d street, 133.4 feet is, in our opinion, the meaning and intent of the we'st of J ourth avenue, to Jolm May, the second mort- legislation of 1872 concerning costs and disburse- gage, for 360. 3 S. bingee sol in partition the three story brown stone ments in this court. er appealed irom to be amended in conform- ity with the decision, Pgbert aud Another vs. Higelsheimer.—Judgment house and lot, 19.5 10 teeteast of Second avenue, to R. ©. Harvey, for $12,500 1 the south side of Lsth street, 2542 ‘feet west of 5x10, on the south side of 120th stress, | he throe story brown stone house and lot, 15.10x10", on | for affirmance, with costs, Opinion by Cael Jus- tice Shea. Frank and others vs. Covert and others.—Judg- ment a@rmed, with costs, Harrtot et al, v3. Port.—The appeal from order of Judge Spaulding, vacating the order of arrest, confirmed tn ail respects, with costs to respondent. Lehinan vs, Woilt. e decision in the Case of Locher vs. Kleuch, decided at this term, disposes of the question in this case. The order appealed is reversed and to be coniormed to the principle of that dec.sion. Badoureau vs. Sutton.—Jndgment affirmed, Barrington vs. Mott, —Urder mouified, Reed vs. Roessier.—Order reversed. Cohen vs, Brenuan,—dudgment affirmed, Reed vs, Koessier.—Motion to dismiss denied wWitsout costs, Poihemas vs. Bogert.—Taxation modified. Weed vs. Burt,—Order oi reversal awended by awarding a new trial in ths court, Atwood vs. Putier—Judgment reversed; new vs. Chamberlain.—Juagment afirmed. lly Vs, Willis,—Judgment affirmed, art vs. Martin,—Judgment attirmed, Movonkey vs. Atainson,—Judgmeat reversed and new triai ordered, The possibility af a new issue of inconvertidle paper I regard with amazement and anxiety, and, in my opinion, such an issue would be a detri- ment and a shame,—CHARLES SUMNER. HARLEM POLICE COURT. An Old Prison Bird Again Behind the Bars. Before Judge Kasmire. Thomas Golder, alias George Morrison, was yes- terday committed for examination by Judge Kas- mire, at the Harlem Police Court, on acharge of burglary. The complainant, Mr. Joho Edwards, of No. 421 East 123d street, alleges that on the night ot December 9, 1873, mis residence was burgiari- ously entered and a parlor clock, valued at $110, stolén therefrom, and that he has sufficient ev dence to Golder is an old offender. term in the Penitentiary, and was but a short time ago released trom Sinz Sing Prison, to which imsutulion he bad been committed for burglary, lusten the crime upon the prisoner. He bas served one COURT CALENGASS—THIS DAY, B CouRT—CHAMBERS—Held by Judge RIOR COU urday, April 4. PERIOR COURT—IRIAL d tor the term. Part y, May 4. OURT OF COMMON PLEAS—GENERAL TERM—Will on Monday, April 6, for tue purpose of ren- lous. Tenm—Part 1—Ad- Adjourned till Mon- me dering d COURT OF COMMON PLEAS—TRIAL TerM—Part 1— Adjourned fo tue first M MARINE COL Adjourned tor the CouRT OF UYER Brady.—Th the term, nday ol April. 4 RIAL TegM—Parts 1, 2 and 2— term, —Held by Juage AND TERMINE! vs, Peter Stephano and Sar- Part 2—Adjourned until ¥ h geuti Pavoli, homicide. T OF GBNERAL SESSIONS—Held by Judge itneriand.—The People ys. Uwen Trainor, Jelo- nious assault and battery; same va. Michael Rup- t, feiouious assault aud battery; same vs. Christian Mayer, felonious Same vs. Wolf Vonschurbrand and Fr feloulous assault and battery; same vs. Thomas Re Wiley and Henry Hawkins. burglary; same vs. Joun Sullivan, burglary; same vs. Samuel Conk- lin, grand larceny; same vs. George Howard, George fownsend and James lynan, gravd iar- yj same vs. Frank Fuertisch, grand lare:ny; . Della Doyle, assault and buttery; erick Miller, sani Charles Harris, forgery. COURT OF APPEALS. — Decisions. ALBANY, March 31, 1874. In the Court of Appeals to-day the followiug de- cisions were handed down:. Judgments aflirmed, with costs.—Moody vs. El- dred; irvine vs, Milbank, Juagment reversed and new trial granted; costs to abide event.—Cndernill vs. Vanaervoort, ‘Judgment affirmed without costs to eituer party in this Court.—Howell vs. Milis, Orders aff: med with costs.—The People, &c., va. the Board of Supervisors of Sullivan county in the matter of William Sharp, Jr. Appeal dismissed, with costs.—Underwood ys. (reen, Motion denied, with $10 costs.—Ferry vs. Wait. Calendar. ALBANY, March 31, 1974, Tne following is the Court of Appeals day calen- dar for April 08. 808, 89, 181, 7, 166, 81, 57, Lol, The possibility of a new issue of tnoonvertidle paper Lregard with amazement and anziety, ana, in iny judgment, such an issue would be a detri- ment and a shame.—CHARLES SUMNER, | side of Exghtv-ninth street, | Were fnil of instruction and interest. d larceny; same Vs. | Third avenue, to J. Disosway, for #930 The three story brown stone honse and lot, 185x190, on the fouth side o! 124th street. 10) feet west o! 12,50. ‘The three story brick house and jot the'north side of 113:h street, 110 feet east of wonue, to J. Disosway for $7,700. Th lots, exch 25x100, on the southwest corner of Southern Boulevard and Lincoln avenue, to the same for ALJ. Bleecker, Son & White sold by order of the Court, | in ‘oreclosure, the triangular gore lot, &83x77x1 7, on the south side of Ninctierh street, 36.9 feet east of Lexington avenue, to Join D. Ch 'v for 4.190. Also sold the trian- gular gore lot. 11.10x1 py 1gx159.2, on the north 25 feet west of Third avenue, to same for $3,000. NEW JERSEY EDUCATIONAL MATTERS. Yesterday, in Bloomfield, Essex county, N. J., the annual session of the County Teachers’ Insti- tute wes commenced, The attendance of male and female teachers was large and the proceedings The opening address was made by County Superintendent Davis, in the course of which he dwelt on the necessity of teachers paying more attention than usnal to the branches of revding and orthograpny. Flocution and gymnastics were also dwelt upon 2s bjects of great importance. He closed by point- ing out the responsibilities and honors of the pro- fession and satisfied many that teachers, alter all, weve not the worst paid or hardest worked class of laborers in the world’s vineyard, The institute will be in session until Friday, 7 TEE JERSEY CITY MAYORALTY. Democratic Convention—The Party Split Into Fragments. ‘The most exciting gathering of the democratic party for many years in Jersey City was that yes- terday nm McPherson Hall, on the Heights, The object of the Convention was the nomination of a candidate for Mayor, The teeling ran unusually high, as the city has been plundered for the past three years, and a candidate who would battle with the Ring commanded a premium. The boards of government of the city sent up their emissa- ries to defeat Bevans, who was pledged to cripple the Ring. The first haliot resulted as follows:— Traphagen, 38: Bevana, Haslam, 7; Brinker- hoff, 2. The announcement created wide conster- nation, and more than half the spectators rushed from tie hall. A meeting of the young democracy was held in the evening, and a call fora mass meeting, signed by James M. Brann, was ssued. This split will result in the election of a republi- can Mayor. CLOSE OF THE HOLY INNOCENTS!’ MISSION, Last night, in the Church of the Holy Innocents, | Thirty-seventh street, near Broadway, the Rev. Father Koopmans, 8. J., closed the two weeks’ ‘on with @ lectnre and papal penediction, to which there is a pienary indulgence avtached, The reverend lecturer spoke at length on the means whereby his hearers should preserve the fruits of the mission just ended. Those means were—first, prayer; second, frequenting the sacra- mente, The mission has proved a great success, GOITY BALL NOTES, The venders of fruit and fish who have been ob- structing streets in the immediate vicinity of the markets have been ordered to desist from the '$ will have their licenses revoked, The assessments for opening and extending Lex- ington avenne from 1020 street to the Harlem River amount to $542,312 50 upon 5,070 lots. CITY AND COUNTY TREASURY, Comptroller Green reports the following dis- | bursements and receipts of the treasury yester- | day :— | DISBURSEMENTS. Claims paid (No of warrants 18), amounting to....¢635,002 Payrolis (No. of Warrants 923), amounting to... 92638 Total (No. ot warrants 943) RICE! From taxes of 1873 and interest From arrears of taxes, assessme: nd in From collection of assessments and interest, Prom Market PENS... ee.cee ec vge cess ¥roin water rents... a From licenses, Mayor's office From Department of Pubite 1 From Department of Docks—r From Health Depariment—fines, & From tees and fues—District courts . Total seeeeeee The Comptroller ia_yest day, master Falla, laborers on boulevards, &¢., to 21st | ull., amounting to $43,917, THE OHAMBERLIN-WILKES LIBEL SUIT, This case, which has been up at Essex Market Poitce Court several times during the winter, was ca again yesterday aiternoon by Judge Otter. bourg. It occupied the whole alternoon session of the Court, and is apparently as far as ever from * First avenne, to J. T. | e three | and third, avoiding the occasion of sin. | If the order is not complied with tne | settlement. The first witness called was Mr. Chamberlin, Who deposed that it was on the article contained in Wilkes’ Spirit of January 3, i874, that be jounded hs charge of libel, A BOGUS BURGLARY, Afemale “fifteenth amendment,” calling herself 18) THE DISTRESSED. The Relief Fund. Donations tor the poor received by the HeRaLp and not previously acknowledged :— 4. 8. C., weekly gift to St. John's Guild EB. L, organi cieaet — St. John’s Guild and the Downtown Poor. The following additional contributions were re- ceived yesterday by Rev. Alvah Wiswall for the poor of the Fifth and Eighth wards, and handed to the Almoner of the Guild, Mr. Henry ©, De Witt:— {Those desiring to visit the office of the Gulld will remember that it 13 in the school buildings at- tached to St, John’s chapel, Varick street, between Laight and Beach streets.) THROUGH MES, MAJOR KELLEN. BBB oaecees ccs wee $100 THROUGH MRS, UAYES. J, Washbourne.. 5 00 25 00 25 00 500 - 1 00 ‘Thomas McGoung. s : 5 00 SENT TO GUILD OFFICR. F, Meyers... en 25 00 Earle’s Hotel poor box. 8 25 Found on Broadway and son. 5 100 “Por the poor,” 2 50 A. M., for Mrs. B.......5 seeeaeeee 200 Total... seseesees eee $100 75 Previously acknowledged +++ 18,983 60 Grand total... sees seseeee es + $14,084 35 Contributions to this fund may be sent to the H#RALD oMice, to Mayor Havemeyer, City Hail; C. V. B, Ostrander, President of the Merchants’ Fire In- surance Company, No, 149 Broadway; Andrew W. Leggat, Collector of Assessments, New Court Hons; George Wilkes, M. D., No. 16 North Wash- ington square; G. K. Lansing, Earle’s Hotel; @. J. N. Zabriskie, Cashier of People’s Bank, corner of Canal and Thompson streets; J. L. Davis, Sheldon &Co., No. 677 Broadway, and Rey. 8, H. Weston, D, D., No. 8 East Forty-iifth street, or to the Rev. Alvab Wiswali, Master of St, John’s Guild, St. John’s chapel, Varick street. | Packages of clothing, groceries, &c., shonld be sent to St. John’s chapel, Varick street, between Laight and Beach streets, or if an order be septa messenger will call for any packages, Mra. Judge Brady, No. 19 West Thirty-third street, has Kindly consented to receive subserip- tions. The Charity Benefits. At a meeting of the managers of the various theatres represented in the charity benefits on Thursday, the 26th ult., beld yesterday, Mr. H. D. Palmer, Jarrett & Palmer, Niblo’s Garden; J. B, | Booth, Booth’s Theatre, and Charles Chamberlain, | dr., the Lyceum Theatre being among those pres- ent, it was resolved that from the !uad realized id benefits the lollowing sums be appro- p's Guild. ews Educati Ladies’ Union Rellef Sock New York Association for | _ of the Poor, | Society st, Vincent de Paui a ‘othe indicent members of the dramatic sion, through the agency of the Dramatic | The rewainder of the tuna charity benefits will be helt subject to the dispo- sition of the managers @t @ future mecting, the sum so remaining being about $11,500, lety....... Tinproving the proies- wnd.. 2.500 | Ald to Mrs. Dawson, | “Loutsiana” is informed tbat her parcel of cloth- ing, &c., was Gelivered to Mrs, Dawson, No, 221 Mott street, through the kindness of St. John’s | Guild, and that she has, at her request, been sent | by the Guild to the Asylum, | ae The Juvenile Guardian Society. To THE EpiTor OF THE HERALD:— The downtown operations of the Juvenile Guar- dian Society were intended to beneiit chiefly the newsboys and bootblacks crowding the thorough- fares of the lower wards in the severer winter months. Last year the etforts of the society were directed almost exclusively to these boys, a very large proportion of whom are very poor and much | exposed in winter. But, asin January last, wide- spread and unprecedented want was painfully thrust upon the public attention, this society— | though primarily tutended for children only—de- termined to do all it could to relieve the general distress without regard to age. Wnen all classes— churehes, theatres, money-changers—were pro- foundly moved with sympathy for famisning thousands, and vieing with each other in stretch- ing forth the hand of relies, we could not stand Still and descant on “pauperizing” starving men and women, but cheerfully undertook to give ail the relie! in our power to those ready to perish. Down to the present date we nave regularly mtn- istered to the wants o! 355 needy iamilies, besides feeding at the Relte! through a series of weeks 8,687 persons, young and old. If we reckon, as is usuai, five persons to each family, there will be 5,462 individuals to whom daily relief in meals, pensed. The jollowing donations have been received at the Relief, No. 14 Dey street, since the last re- port:— Charles P. Woodwara, No, 198 Front strect, 4 barrels of vegetables and keg of celery, Veyman @ Mack, comer “Liudson and Houston streets, 60 loaves of bread. Washington Market Butchers’ Association, 523 pounds f beet. 2 Fulton Market Fishmongers’ Association, 865 pounas of ish. Michael Jones, No. 212 Fuiton street, i box of clothing. F, B., 1 bundie'ot clothing. Henry C. Sweet, No. 145 Liberty street, 1 ton of coal. UAH Sea & Lott, No. 87 Dey sireet,5 barrels of vege- les. tab’ D. F, ROBERTSON, Secretary. No. 14 DEY STREET, Marci 31, 1874. bE The possibility of a new tssue of inconvertible paper Iregard with amazement ana anxiety, and, in my judgment, such an issue would ve a detri- ment and @ shame.—CHARLES SUMNER. enth Ward--Help for the Hungry. New York, March 31, 1574. | To THe EpiToR OF THE HERALD :— | I have this day received the following contribu- tions of bread for the poor of the Tenth precinct: eph Fleische, No. Eldridge street. 100 loaves. Peter Groth, No. 91 Eldridge street, 100 loaves. Charles Fiair, So. 14g Rivingion street, 25 loaves. i Also from Bernard O’Roork, No. 25 Forsyth sireet, $10 in cash, JOHN J. WARD, Captain Tenth Precinct Police. Sixteenth Ward. New York, March 30, 1874 To THE EDITOR OF THE HERALD:— Ihave this day received tne following contriba- tions ior the poor his precinct:— Thomas P. Wallace, brewer, No, 450 West Twenty-sixth street, 50) loaves of bread. John Wanner, reud. Ng THOMAS CHERRY, Captain Sixteenth Precinct Police. New York, March 28, 1874. To THe EDITOR OF THE HERALD :— The following contribution of bread has been made for the poor of this precinct :— Thomas P. Wallace, brewer, No. 450 West Twenty-sixtn street, 500 loaves of bread. THOMAS CHERRY, Captain Sixteenth Precinct Police. Brooklyn Charity. The matinée performance on Saturday last at the Olympic Theatre netted $964 in aid of the Tenth and Fourth precinct soup kitchens. The amount realized by the Park Theatre per- formance in behalf of the poor of Brooklyn was $660, which was distributed among the following charities:—Home for Friendioss Women and Chil- dren, Association for Improving the Condition of | tne Poor, the precinct soup houses, Children’s Aid Socieues, Eightn ward relief associations and Mrs, Perry’s relie! bureau. Yesterday 4,548 persons were supphed with soup at the Vandorbilt avenue kitchen. The Hamilton avenue soup house closed yesterday tor the sea- gon. A large number of influential citizens of Brook- lyn, baving concluded to give a dramatic entertain- ment at tlie Academy of Music on April 7 in ald of the poor, have solicited the co-operation of tne Police and Fire Commissioners, urging said de- partments to instruct subordinates to assist them | in the sale of tickets for the iandable object in view. A gold badge will be presented to the fire- man who sells the most ticke ‘The superintendent of the Cuildren's Aid Society has maue an appeal to the public for clothing tor the boys Who are inmates of that tnstitunon, 2 derived from the | THE GREAT SANBORN CASE Sudden Termination of the Trial of Sanborn, Hawley and Vanderwerken. A Verdict of “Not Guilty” Ordered. The possibility af a new tssue of inconvertible paper Iregard with amazement and angiety, and, in my judgment, such an issue would be a detri- ment and a shame,—CHARLES SUMNER, The trial of Messrs, John D. Sanborn, Lucien Hawley and Altred Vanderwerken, who were in- dicted on the charge of conspiracy to defraud the government, was suddenly brought to a close yesterday in the United States Circuit Court, Brooklyn, by a decision of Judge Benedict, holding that the prosecution must fail upon the indict- ment. The court room was crowded, as upon Monday. Among those present were Collector Simmons, of Boston; Colonel Herbert, formerly of New Orleans; Chief Clerk Hawley, of the New York Police Board; Assistant Solicitor of tne Treasury Robinson, General Catlin, ex-Distriot Attorney Morris, Thomas K. Pearsall, United States Comumissioner Winslow and others, The Court adjourned on Monday, pending an objection of the defence to the introduction in evidence of the contract between Sanborn and the Secretary of the Treasury. Yesterday Judge Bene- dict, upon taking his seat on the bench, read the folowing DECISION on the question raised :— This case rested yesterday upon an objection by the uetence to the introduction in evidence of what has been designated as the Sanborn con- tract. 1¢ Was urged upon the ground, among otuers, that the indictment states a contract dil- ferent from that offered in evidence by the government. This objection was taken advan- tage of to present to the Court at this early stage of the trial a question, appa rently the test question of this case, and which has been so treated by both sides. In determining it I remark that it is nos to be supposed that it was intended by this indict- ment to charge tue defendant with a conspiracy to defraud the United States by obtaining in a lawiul way irom the Treasury of the United States sums of mouey due aad payable by virtue of a lawiul contract. The only theory of the prosecution, | therefore, which cau be gathered trom the lan- | guage of ' this indictment is that, notwithstanding the contract made with Sunborn in respect to cer- of sucu of said taXes as snouid be collected by the revenue officers without his assisting in such col- | lecttun, The charge intended to be stated there- upon is that after the execution of the contract A CORRUPT AGREEMENT was made between Sanborn and the revenue | officers named that these officers should not do tain taxes, it was sill the duty of the regular | revenue officers to collect those taxes, and that | the contract gave Sanborn no right to avy portion | sented to the Secretary of the Treasnry that hehad Alscovered these claidis out of which he proposed to assist the officers in recovering the smouns, notwithstanding these facts which we proposed ve in this yet the Secretary of the reasury has made’ such a contract with Mr, Sanborn as that he 18 entitled to filty per cent of these taxes, which he neither dis- covered, in the first place, and which he did noth- ing whatever towards collecting. If that 1s the decision of the Court im this case we bow most humbly to that decision, and have simply to say that our interpretation of this contract, made by the Secretary o1 the Treasury of the United Staaes, was a var different sort of contract from that, and we will not believe, even now, that the Secre- tary intended to make any such contract. eros Shipinan—All that we have to say 1s THIS DISCUSSION 15 ENTIRELY DISORDERLY, as Your Honor has decided the question, which Was @ test auestion which we made in perfect good faith and made with the utmost confidence, [ trust, Your Honor, it is not supposed that we made thts in any trifing or captious spirit. We made it a8 gomg to the basis of this prosecution and the gentleman stated that it was @ test question. Your Honor has taken the view sustaining the point which we presented. We are content with that decision, and it is unbecoming the officers of the law representing the govern- ment to have any criticism or complaint, District Attorney Tenney—We make no complaint OF criticism. Assistant District Attorney Hoxie—We make no complaint if it had been given to the jury to de- cide the case. Judge Benedict—Have you ba farther evidence? District Attorney Teuney—Lhis disposes of the case, sir, Judge Benedict (to the fury)—Gentlemen of the Jury—The law pons which was raised, in my opin- lon, disposes of this case. This is the opinion of the prosecuting officer, and, in the absence of any other evidence, yon have no otuer duty than to return A VERDICT OF NOT GUILTY upon the indictment, ‘The jury then formally rendored a verdict of not uty and the deiendants were discharged. The deiendants were immediately surrounded by their numerous friends, who were present, and cordially grasped by the hands and congratulated Upon the auspicious termination of the case. District Attorney Tenney and luis assistant, George W. Hoxie, Conducted the case for the gov- ernment, and B, F. Tracy, ex-Judge Shipman, M. Y. B. Bachman, J. I, Davenport and J. B. Erhardt for the defence. The posst0itity of a new issue of tinconvertible paper I regard with amazement and anxiety, ana, in my judgment, suchan issue would be a detrt ment and a shame.—CHARLES SUMNER. STUDIO NOTES. Saturday was the last day for the reception of works intended to form part of the spring exnibi- tion at the Academy of vesign. Considerable effort has been made by the artists to render this year’s exhibition noteworthy as the point of a new departure in the history of the Academy. Many artists whose works hive been missed for years irom its walls will contribute co this season’s exhibition. We regret to learn, however, that, owing to some dissatisfaction, a number of artists will not exalbit, among others T. L, Smith, who has just flutshed several pictures tn his best style. His works occupy a little nook by their duty in collecting these taxes, but sould re- | ceive them as agents of Sanborn and hand the | themselves in American art, and we sha regret money Over to iar a bi he gy ol ida | to miss his old manor houses and moonlight mit it to the Secretary of the Treasury, and there- | by be enabled to claim and receive wider color of | Scenes from the Academy walls. His imaginative his contract money to which he was not entitied, | landscapes, with oid castles thrown in to give the | and the United States be tnereby defrauded thereu?, | necessary human interest and picturesqueness, uncooked provisions and clothing have been dis- | of br baker, No. 194 Ninth avenue, 50 loaves of | read, etal Halpin, No. 14 Tenth avenue, 100 loaves of | one oi the Means to accomplish the conspiracy | charges; but there 1s no averment that the con- that of obtaining the contract by false and fraud. ulent representations, Lhe contract is conceded to be a valid to existence Cc the time | alleged conspiracy; but it is described in the | indictment as @ | became entitled to fity per cent of such | recovered by him (Sanborn) and which he (san- | born) should assist the oficers in recovering. The this argument. Being the legal effect of the contract made with San- born, I have examined its provisions. | tract which Sanborn obtained ) DOES NOT LIMIT His RIGHT TO A PORTION ‘The contract is referred to in the maictiment as | have been in | of the | production of landscape into the higher regions of contract whereby Sanbora | | represented by a cattle piéce of much quiet strength | taxes only as should be discovered, cullected and | and a very clever landscape with cattle. The com | position of this latter picture is remarkably strong gonsract mode consideration, with its attendant | and effective, locuments, is offered in evidence in support of | z THA cAllet on: ebideearniine | canvas, which sometimes occurs on Mr. Hart's | pictures, The result | greater force secured for the composition. The | oO. my eXamtnation is the conclusion that the con- | | efforts, and marks a step forward. are full of charm and are quite distinct from the work of his brother artists. ‘The Oid Castle,’ tract was an illegal one, nor is the crime charged | suggested by some lines of Tennyson, has just re- | ceived the final touches and shows clearly that Mr. Smith ts surely drifting away from the mere literal composition and imagination. James M. Hart will ba The scattering of lights over the has beea avoided in this one and work differs in style from Mr. Hart's previous The burst in | of such of the taxes therein named as might be | the clouds and the hazy effect on the woods in the | collected by means of his aid thereafter rendered, | but that upou the execution of the contract San- | | born acquired a right to recover, upon the collec | | tion of the taxes included in his contract, the background have been admirably rendered, Church is engaged on an important work, “The Mountains of Petrea,” for wiich he made the stu- | stipulated portion of such taxes, however and by | gies in Arabia, | wnhomsoever coilected. The contract was claimed | by Sanborn and awarded by the Secretary upon | the ground that Sanborn had already discov- | ered the indebtedness to the Unite: of the parties named, and inat these taxes were being withheld.’ It, in express terms, confers upon Sanborn the rr to collect the | taxes due trom parties design: by name, and it then expressiv declares that whenever any money stall be coilected trom the persons named—either | by legal proceedings, conducted by the proper | United states Attorney, or by settlement as com- | proumse of such ciaim—there sail be paid to San- } Dorn, Out of such money, as fast as collected, fifty | per cent of the amount, witch is nowhere in the contract described as compensation tor services to be rendered in the collecung of the indebted- | ness which was taken to have been discovered by him, Sucp a contract DOES NOT SUPPORT THE AVERMENT IN THE INDICT- MENT} and with such a contract 1am of the opinion that | this prosecution must {ai | this indictment 1s found depends upon a miscon- ception of tie scope and effect of the contract, and ment. Such being my opinion upon what is con- ceded to be a decisive point in the case, I do not consider the other grounds of tue objection. District Attorney Tenney then arose and said:— IS THERE POVERTY IN THE PROSECUTION ? adjourned, believing it to be due to myself and to my ofiice, to Make this statement. My attention | a circular in the New York lgeaLp pertaining to | @subscription being raised for the prosecution of this case. I desire to say that I never saw this pa- | per. Inever knew of its existence, I have never } received a dollar to aid in this prosecution, and [ | have never asked for a doliar to aid in this prosecu- | uon, Furthermore, [ do not cousider it necessary, | because L have eel believed turough the many | months I have had this case under considerauon | thav we nad a perect case, aud, with all due deier- | ence to the decision which Your Honor has ren- | dered, 1 sUill consider that we have, and that | ‘Vista on the Sound.” | we are prepared to show by many witnesses, | who are che represeatatives in this district, | that Mr. Sanborn never assisted in the collection | of this money, but that the money was coliected by Mr. Vanderwerken and Mr, Hawley, the regular revenue officials, and was conveyed to the Treas- ury Department, from which Mr. Sanborn obtained one-hali, and represented to the secretary of the | Treasury at the same time, jalsely and fraudu- lently, that it had been paid to him and that he | had discovered and collected the same. | THE DEVENDANTS SAY THE PROSECUTION 18 A MIS- CONCEPTION OF LEGAL RIGHTS, Mr. Tracy—Now, Your Honor, we have nothing to say in reply to the speech of the District Attor- | ney after the case has been disposed of in regard ; to the origin of this prosecution or what the Dis+ trict Attorney supposed before he brought it. We | | have only to say this:—That it seemed to ustrom | the beginning that the prosecution was founded in | the most marvellous misconception of the legal | We have never doubied | | for an instant what must be the final result of this | | rights ot these parties. cage the moment it could be brought to the test of @ judicial decision; and, therefore, 1m that conti- dence, we raise this point in the beginning of this _ case. That Mr. Sanborn has practised any decep- tion upou the Secretary ol the Treasury, before or subsequent to the making of this contract, is quite ‘rhe theory upon whica | the error seems fatal to the charges in this mdict- | 1ts color treatment. It Your Honor please, I desire, before the Court is | this morning has been called to the publication of | | his illustrations of “Rip Van Winkle," is now en Lazarus is, as usual, portrait painting. He ia ee | engaged on a posthumous portrait of Mr, Chapin. States | Vaini has finished a large canvas which he calls “The Duke’s Page.” It is brilliant in color and | painted broadly and with much force, This artist | wil be represented in the Academy by a very dramatic picture called “Ajter the War.’ It represents a widow and child tn deep distress, Smillie ig engaged on an incident of camp life | tourists fishing in Lake Rockett, with their camp seen in the distance. Calverly has finished in marble an admirable bust | of the Rev. Jonn MacLean, I[t is splendidly mod- | elled and is a real work of art, He ts at work on @ | little marble head, which he appropriately call¢ “Innocence,” Clinton Ogilvie sends to the Academy a quiet | Connecticut landscape, which is very successful in “Byroad near Baveno” ig the titie of a quiet and cool Italian landscape, with | groups of buildings in foreground, It has the great | merit of being free from the eternal glow which | artists always throw over Italian scenes. Samuel Colman passed the winter in Dresden and is now in Italy. He intends returning ta America in July or August, Dagley, who made a considerable reputation by guged illustrating the “Scarlet Letter.” His design’ show decided improvement and matured power im his artistic work. Miss L. Woodward will be represented in the Academy by some studies from nature—delicious | bits of wood and water. E. Gay’s Academy picture will be a harvest scene, “Ripe and Ready.” On this artist’s easel are two clever canvases, ‘Apple Blossoms” and In the latter the blue water of the bay, dotted with boats, ts seen through a break in the woods. Bouguereau’s celebrated picture, “Alter thé | Battle,’ has been purchased by George H. Stayner, of Brooklyn, from Henry J. Chapman, It ts one of the most important pictures by this artist which has jound @ resting place in an American art cok lection. The possibility of a new tssue af tnoonvertidla paper regard with amazement and anxiety, and, | in my judgment, such an issue would be @ detrt | ment and a shame.—CHARLBS SUMNER, SUICIDE BY POISON, Disconsolate at the Loss of His Wife. In the month o: August last John Bensing, & German, forty-four years of age, lost his wile, wha was interred in Greenwood Cemetery. Bensing, who was devotedly attached to his wife, often vis- ited her grave, over which he would mourn for hours, At intervals since that ime Bensing has a3 unlounded as any other remark of the District | poen heard to threaten to take lus own life, and Attorney. Iboidin my hand a boos, if Your Honor please, Irom which it has been consented either party might read, Which slows, bydocument aiter | document, that the Secretary of the Treasury | was iniormed, irom time to time, of the precise manner in which this contract was being executed and these moneys collected, and that no deception of any description has ever been practise revenue oflicers that acted under the tnstructions of their superior otiicer; and, 1 say, not only has this cont and spirit o1 the law. There is no criticism in this case except upon the law itself, Judge Benedict—We canuot hear the defence upon any otwer charge. Mr. tracy—Tnhen, I suppose, upon the Secretary of the Treasury | by Mr. Sanborn or by these revenue oMcers—the | et been executed according to its terms, | but the contract has been made within the letter | on Monday evening le called on a widow of nig acquaintance living at No, 246 avenue A and asked Jor a bed, a8 he Jelt sick, Becoming worse a doc tor was called, and subsequently Bensing con- fessed that he had taken some poison at the grave of his wile. He lingered till yesterday ae when death ensued, Coroner Croker was notitl to hold an inquest. ——$$<$<_—<$<———- SAD SUICIDE OF A BROOKLYN MATRON, Coroner Jones was yesterday notified to hold ap inquest over the body of Mrs. Emily Parker, @ married moman, lorty years of age, who was found hanging from a rope made {ast to a beam in the cellar of her place of residence, No. 116 Prospect , upon the cecision | street. For several weeks past deceased has been of Your Honor nothing ‘emaing bat for Your Honor to direct the jury to acquit the defendants ol the crit arged. THE PROSECUTION HUMBLE, under the influence of an attack o1 melancholia, superinduced by the loss of a son. Yesterday | morning she told her three little culldren to re- TO BE | Shainin the basement While she went Gown into BUD CLAIMING Francess Perrin, has for some weeks past been em- ‘Sev pase: a t An entertainment in atd of the poor of che parish RIGHT, She took with her @ skipping rope Dect | ployed ax domestic servant in the house of James | charact ot Gheninerna's nonserc but he. tatoringe of St. Mary’s Star of the Sea will be given in tue | Assistant District Attorney Hoxle—It seems tome | one ig pelonged to her deceased child, Pad ithe nempiresth Lally, ies : 7 Saree es “Ubtalucd, OWING to the Objectionsuat | Hall of the parocuial school by the young people of | that it should be definitely and specincally under- | Yeung hersell, Lile was extinct When the body | By Judge Larremore. wally, residing at Yo! rs, Westenester county. i * she lags that congregation on next Mouday evening. u sucn direction is to be made, upon what van discovered, stood, ‘The collections taken up in the thirty-six Catho- | speciiic ground that direction is so to be made, lic parishes of Brooklynon Kaster Sunday will be | And. if we understand Your [onor's decision cor- Judge Fullerton, winch the Court sustained, The case was adjourned untu 1 hali-past two P. M. Ryan va, Ryan.—Relereace ordered to Mr, Willan \. Reddy, Having n left in sole charge of the house while the luimily Was absent for a couple of days, the girl esday next, at Therry vs. Cronin et al.—Application granted. Levinger vs. Belling et ai.—Judgment of tore- closure granted. In the Matter, &., Bickford Knitting Company,— Accounts passed on consent. coveted and took a quantity of wearing apparel, Jewelry, &c., Valued at about $700, On Monday aiternoon Francess hastened to vie ratiroad depot 5 noth of whom A CELESTIAL DISTRESS WARRANT, Ah Bachor and Ab Fou are Celestlais employed for the benefit of tue Orphan Asylum, The drain upon che resources of the asylums for the little ones Wio are deprived of their batural protectors | was never greater than at the present, and Bishop | cision to be substantially this, that the Secretary Laughlin makes an earnest appeai in behalf of rectly, it is this (if 1 am mistaken in the statement | you would oblige me by correcting my tnterpre- tation of tt)—we understand Your Honor’s de- Mr. POOR IDA VAIL, Justice Dealt Out to Her Tormentor in Jersey City. ‘The second trini of Alonzo Kimball, for complicity Sanborn that ali clans whict he has fled with him | Of the Treasury has made suci a contract with this great charity. | r ssured, through her tears, that | elestig ee broken into ie Hotes, apd, after beatteeher iw | eee, m2, Against Wis ‘brother Oslestial a — as the basis ol the contract are Mis. claims | in the malepractice that caused the death of Ida Rummel vs. Tower.— Order sigued. | crael manner, carried away ali the most valuable | A Fou brought suit and procared a distress war. THE NEW QUARANTINE STATION, | exclusively, whenever and however collected, | yvaii in Jersey City, having resulted in a verdict of whether by his assistants, or each or any; that Still he ts tO receive fifty per cent of the amount of be ag wise na and Mo Po ig ke whether r 8 vere which he filed withthe suavetary of the Treasury, | und Judgy; Hofman sentenced her to ten years av or whether th claims were originally dis- | hard lator in the State Prison, Out oi three ac. covered by Mr. Vanderwerken or ir. Hawley | ee in the case Metzler 1s the only one ‘ and placed im hs ands and given by him | convigied. She mother of the i-iated ida 1s 1a to the Secretary of the Treasury, aud he repre: | grea’ distress im Newark, articles they could find. An examination of the | rant, The making out of the latier occasioned premises savisied the police that the story told by | much distress in the Essex County Courts, ‘fhe Trancess was not true, and Roundsman Metaughlin | iaw, governed by our treaty with China, requires, speedily traced the stolen property to a room ocen- | it seems, that ali such documents shail be mado pied by another colored girl, with whom the thief | out in Chigese. In the case of Ab Fou it was was acquainted, She accused Was arraigned yes- accordingly so done, the warrant being transiated | terday in the City Coort, avd cominitted, in default | from English to Chinese by an_ interpreter, | Of $1,000, to await an indictment Jor grand larcesy | specially employed. i was placed inthe Suerims | by the Grand Jury. | hands ior execution. | acquittal, Murcella K, Metzler, tue arch-vormentor, F who was ‘onvicted, was culled up tor sentence MARINE COURT—CHAMBERS. | yesterday. A motion fora new trial was denied, Deectsions. By Chief Justice Shea, { Paimer vs. Coudimgton,—Case restorea to calen- far jor trial. garret vs. Lucca and others.—Order for exten- slow ol time 10 answer vacated, To-day Health Officer Vanderpoel will take for, j mal possession of the new boarding station at | Cliton, on Staten Island. News has oeen sent to the Pilot Commissioner of the one location, so that the pilots may Maga Me an anchor. age at the new station. je Quarantine grounds at Tompkwusville are now abandoned, ~ 4

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