The New York Herald Newspaper, May 2, 1874, Page 5

THE COURTS. The Suit Against Anthony Com- stock for Damages. Another Chapter in the Ring Savings Banks. THE Sf. PATRICK MUTUAL ASSOCIATIONS, Interesting Trial and Acquittal in the Oyer and Terminer. Alfred Conara, a member of the band of the war ‘YVeasel Shenandoah, was charged yesterday, before Commissioner Shields, with having passed a $20 | counterfeit bill in a store in Chatham street. Having investigated the matter, the Commissioner held that the defendant did not know the bill was bad, and, theretore, ordered him to be at once dis- charged. John McMahon was examined yesterday, before Commissioner Shields, on a charge of having as- saulted the mate of the American ship Caravan while the vessel was on @ voyage to this port. The facts of the case did not justify the detention of the accused, who was accordingly discharged, SUPREME COURT—CHAMBERS. The Suit for $20,000 Damages Against Anthony Comstock. Before Judge Donohue. An action was commenced some time ago against Anthony Comstock, the Special Agent of the Post “OMice Department, by James Bryan, who calls him- self @ physician and the head of the “Clinton Medi- cal and Surgical Institute,” .to recover $20,000 damages against him for causing his arrest ona criminal charge of which he was subsequently acquitted. Several weeks since an order was obtained by Mr. Amorose Monell, who appears as counsel for Comstock, for the examination of Bryan before trial, Upon the examination a num- ber of questions were asked Bryan with refer- ence to his character and business pursuits, which he refused to answer, under the advice of hiscounsel, Mr. W. N. Newman. A motion was then made in this Court to compel Bryan to answer these questions, Bryan’s counsel argued that the questions were immaterial and improper; that it made no difference what the character of the plain- ‘tif was or what business he carried on, if his arrest by Comstock was unauthorized. Mr. Monell, on the contrary, insisted that the evidence was clearly pertinent and proper. Judge Donohue has coincided with these latter views, and yesterday decided that the questions are proper and must be answered. The Defunct Bowling Green and Guard- ian Savings Banks. The very complicated and mixed transactions between the Bowling Green Savings Bank, of which Henry Smith was President, and the Guardian Savings Bank, of which Wm. M. Tweed was Presi- dent, and of both of which Walter Roche was Vice President, give promise of occupying a good deal of the attention of the courts for an indefinite Period to come, At present the legal squabbie ap- ars to be pretty much confined as to which o of the receivers shall come in possession of some $1 the surplus moneys artsing out of the foreclosure of a mortgage made by Mr. Selmes, the Secretary of the Bowling Green Bank, to Wal- ter Roche, and assigned by Roche to Jeremiah Quinlan, recetver of the Guardian Savings Bank. Mr. Shepherd Knapp, receiver of the Bowling Green Bank, thinks he has a clear title to the funds, and henee the litigation which has been go- ing on for several months before a referee and which ended in a report by the referee in favor of Mr. Quinlan. On a motion to confirm this report, made by Mr, James W. Ge- here, Was & lengthy and earnest lischasion k pestarday, Mr. Gerard gave a compre- hbensively clear and succinct statement ofall the leading facts in the case and the issues involved, and cited various law authorities, gh: contended, conclusively a tS Sa 4 nirmed, and yhe money, which is in the custo: a ihe Bourn be ‘given Yo "Mr. Quinlan. On eh other side a very forcible argument was made by . W. C. Trull, and at its conclusion Judge Donohue took the papers, reserving his decision. Decisions. By Judge Lawrence. White, Trustee, vs. Livingston.—The order in this case cannot be settled until the notice of mo- tion is returned to the clerk. Romain vs. Garth; The People ex rel. Wood vs. Green; In the Matter of the Opening of Tenth Ave- Due and in the Matter of the Opening of New street; Stilwell vs. Suimonerr et al—Memoran- dums for counsel. Andrews vs. Vreeland.—Order granted. Reed vs. Allen.—Injunction granted. Cochran ex rel. va. Hovey, &c.—Order denying motion granted. 6 Hovey vs, Rubber-Tip Pencil Company.—Order of Teference granted. By Judge Donohue, Whitlock vs, Nyles; Parish vs. Sherman.—Mo- tions denied. In the Matter of Klein Al vs, Catlin; Terry vs. Te: Pet oranduilt Metaget vi s8,—Motion granted. Jp the Matter of Giet, &c.—Granted, Weyser vs. McCormack.—Settied, SUPREME COURT—SPECIAL TERM. Winding Up of the Litigation Between the St. Patrick’s Mutual Associations, Before Judge Van Brunt. ‘The long continued and hotly contested suit be- tween the St. Patrick’s Mutual Alliance and Bene- volent Association and the St. Patrick’s Mutual Alliance hag finally been brought to aciose. It will be remembered that the plaintiffs seceded from the old association and became wmcorporated, the defendants also doing the same, and each claimed to be the successor of the old association, end, a8 such, entitled to its tunds, amounting to some $5,000. The complaint was djsmissed yester- day, Judge Van Brunt holding that it was not a legitimate successor, and as such Was not entitled to bring this suit, SUPERIOR COURT—SPECIAL TERM. Decisions. By Judge Freedman. Peffer vs, Levy et al.—Judgment for defendants and findings made and filed. See opinion. Platt vs. Smith et al.; Edsall vs, Woods et al.— Judgments for plaintiffs; findings made and filed, Weston et al. vs. Ketcham et 'al.—Motion for con- tinuation of injunction denied and temporary in- Junction dissolved, with $10 costs, See opinion, Post vs. Connor et al.—Motion denied, with $10 costs. Wright vs, Equitable Life Assurance Society.— Motion granted, on payment of $10 costs, and with- out prejudice to the te Rigen already had. Latourette vs. Crolins.—Motion to impel plain- tit to file security for costs. denied, with $10 costs, and stay vacated, O’Brien vs. Commercial Fire Insurance Com- pany.—Taxation affirmed. McColl vs, Sun Mutual Insurance Company.—Re- ferred back to clerk ior retaxation. See opinion. COURT OF COMMON PLEAS—SPECIAL TERM. By Judge Loew. Frost vs. Smart.—Motion granted on payment of 15 costs. Vall vs. Vail.—Order settled, Powers vs. The Mayor, &¢c.—Motion granted, thout costs. hs By Judge J. F. Daly. Garraghan vs, Wilsun.—Order signed. COURT OF OYER AND TERMINER. An Innecent Forged Bond Holder and Trtumphant Acquittal. Before Judge Brady. A case in its main features very materially differ- ent from the majority of trials in the Court of Oyer and Termmer was yesterday brought to trial. The olty of Corry—one of the cities of mushroom growth 4 the Pennsylvania oi] regions—in 1871 issued a Dumber of $1,000 city bonds, Tne old Treasurer went out for a year, and under the régime of the mew Treasurer, as it subsequently turned out, ten forged bonds passed muster as genuine. A curious coincidence was that the ag ot Mid dis- covered through the failure of Jay Cooke & Co. r considerable search and inquiry Edward lovday, & young Bultimorean, was arrested on & charge of uttering the torged bonds. At his trial yesterday District Attorney Phelps appeared as cutor and Measrs. Elisha Root & Willard Bart- tt as counsel forthe prisoner. He hard! could have dressed differently if he had been going to & 1u! dress party, and certainly his neatly fitting gar- mMents set Off to advantage his admirable figure and face, which was made all With him nd elegantly dressed ter, a sweet-looking child of ears old, who, of of the nature or the procesdingy. It 18 unnecessary to ut 16 unnec ve the ni gt ames ot ti e Wit- In detail, ‘nesses and t ony ta 18 cus ed bonds were solu in 1873 on proved that the fora NEW YORK HEKALD, SATURDAY. MAY 2, 1874.~TRIPLE SHEET. oy oenene to Fitch & Ellis, brokers, at No. 11 ine street, that these brokers svld to a Mr. O'Connor, and that Mr. O'Connor sold them to @ firm i Philadelphia, and fioally that through Jay Cooke & Co. paying Corps on the bonds, the forgery was discovered. All this testimony looked hard against the prisoner, As the defence proceeded, however, he was soon shown to have come honestly into their possession and disposed of them supposing them to be genuine. He showed that they were given to him to sell by a map giving his name as Ingraham, which af- terwards turned out to be an alias of one Sterns;.that he sold them to Fitcn & Ellis, getting for $8,500 gave $7,000, the price agr upon, to Jngra- ham.’ Major General “fyler, udder whom he served in the Seventh Ohio volunteers during the war, gave him a te record a8 a soldich Various witnesses from Baltimore gave him 4 good character since the war, it wus pearly half-past five P, M. when the testi- mony was concluded, The prisoner’s counsel said fey were — to let the case go to e jury on the Judge’s charge. Mr. help: expressed a like willingness, Judge Brady gave a brief but comprehensive charge, reciting tne tacts and the law applicable to them with his usual clearness. In less than five minutes the jury brought in a verdict of “not guilty.” The prisoner booed kissed his wife ana child and looked the free an innocent man he had proven himself tobe. The reaction was too much for his wife, She fainted into a dead swoon and it was several minutes before she was restored to consciousness, TOMBS POLICE COURT. Before Justice Flammer. Justice Flammer presided at tho Tombs yester- day. He took his seat promptly at nine o'clock ‘and disposed of @ light watch return. His Honor remarked that business here did not seem so lively as he expected and was surprised thereat. Burglary in a Hat Store. One of the first cases of any interest called in the forenoon was that of Patrick Mahony, charged with burgiary. While Patrolman Kelly of the Fourth precinct, was in Roosevelt street on Thursday morning he saw Jour men assing whose persons seemed suspiciously inflated. He called upon them to stop. The ran ards the Bowery. elly, fol- lowing, ‘arrested one of thefn, — Patrick* Mahony, who bad a number of hats and caps stowed away in his clothing, These were subse- quently identified by Mr. Adoiph Sammis, of No. 30 Chambers street, a8 bis property, On examining Mr. Sammis’ store the place was found to have been broken open by means of a jimmy. Shooting an Officer, Newton Seely, who shot Officer Lane, of the Third precinct, on board the schooner May Mon- tayne, on Thursday night, was arraigned yester- day aoe committed to await the result of the injuries, SEFFERSON MARKET POLICE COURT. Before Justice Morgan. In pursuance of the action of the Board of Po- lice Justices Justice Morgan opened the above court yesterday and procceded with the regular Toutine business, The only case of any particular moment that came up for adjudication was that of Jennie Mitchell, of No. 120 West Thirty-first street, against Camelia Johnson, of No, 119 West Twenty- seventh street, Miss Johnson called upon her friend Miss Mitchell, and in the course of con- versation waxed wroth, and, seizing an ivory paper cutter, inflicted therewith a severe stab in the back of Miss Mitchell’s neck. The prisoner was remanded, COURT OF APPEALS, Decisions. ALBANY, May 1, 1874, ‘Tne following decisions in the Court of Appeals have been handed down :— Judgments aMrmed, with costs—McCullough’s Lead Company vs. Strong; Barton ys. The York Central and Hudson River Railroad Com- pany; Clark vs. Halstead. Judgments reversed and new trials granted, costs to abide event—Sands vs. Son; Hickley vs. The New York Central and Hudson River Railroad Compan’. Judgments and orders appealed from, modified by disallowing and striking out the amount of extra allowance awarded by judgment of Septem- ber 17, 1872, and that othe: judgment and orders appealed from be affirmed, without costs to either cand in this Court—Penfield vs, James. Motion denied, with $10 costs—Saniord vs, San-. rd. ‘The Court took @ recess until Monday, the 25th inst., at ten o'clock A. M. LETTER FROM MR, WILKES GOUNSEL. New York, April 30, 1874, To THE Error oF THE HERALD:— Mr. Wilkes had been suffering from ill health for some time past, and left for Europe under the ad- vice of his physicians, Drs. Mott and Flint. They advised his immediate cessation from all business cares. He left with his counsel power of attorney to appear for him in the cases (which are charges of misdemeanor, or linel, on John F. Chamberlin), Although he did not notity his counsel of the day of his departure, he left undoubtedly under the im- proion that he could, with propriety, go, as he ad left power of attorney with them to represent him before biog courts. "His counsel erated him a power of attorney was pa le ene who knows Mr. Wilkes will for moment believe arge broug! inst him by iF. Chamberiin, He will reiurn Sifts netive city 4 @xhort time, JOHN MOKEON, SAMUEL COURTNEY, A. J. DITTENHOEFFER, of Counsel for George Wilkes. THE NEWARK RING TRIALS. pS Bly Ten Days Consumed in the Conspiracy Cases and No Result Yet=—The Defence Still on the Stand. In the Newark Ring conspiracy trials the tenth day was reached yesterday. There was a large attendance in court. The chief witness was Mr. Thomas O’Connor, the chief contractor among the indicted, who is called “Gentleman Tom,” in order to distinguish him from one or two other citizens of Newark of the same name. Before he was called James Dawson was recalled, and, on cross-examination by the Attorney General, swore that he thought @ pavement was better with than | without dirt, but that if a pavement was well packed with stone for a foundation it would sink only an eighth of an inch under the roller. “Gen- tleman Tom,” in his direct examination, swore ne had been twenty-three years in Newark, and since 1857 had been & contrac. tor; had little experience in laying Telford pavement; had a contract under the Spring- field avenue contract with Paul Buchanan; was on the avenue daily, while the pavement was laying, and generally remained from one to four hours directing the work; the foundation stone was latd according to contract and clay was used asa binder, the Street Commissioner giving him per- mission to lay it in small quantities, The witness gave a detailed description of the work, and said that the Street Commissioner was satisfied witn it. On cross-examination Mr. O’Connor was unable to explain why te Uity Surveyor miade out esti- mates at fifty cents per foot for certain work when he (witness) was entitled to seventy cents. At this point the Atiorney General showed the wit- ness the specifications and the contract, where 1t was found that in each flity cents and seventy cents were mentioned, the former for laying new stone in place of old, and the latter price for all new stone, The witness said that he did not lay any new stone with old, and could not explain how the price of bridge stone was made out at fifty cents in some bills and seventy cents in the final estimate. The witness further admitted that he knew the avenue was to be paved before it was ordered 4 the Council and that he had been partner with the Shanleys since 1861. The Shanleys haa an office in the City Hall buiiding ior three or four years. He had never, he swore, found it necessary to “smooth” or “grease” auy- in order to obtain contracts. He was bound by the contract, he admitted, to make a solid road- bed, but had not done go in the part known as Magnolia Swamp. This he was permitted to skip over by the officials; still he claimed he did several hundred dollars’ worth of work more than he was require reall, at todo. It would probably have cost nn Piers to make Magnolia Swamp a good job. Alaerman Stainsby, he swore, took no unusual interest in the paving of Springfeld avenue, every part of whicn was paved to the depth of ‘sixteen inches, the full contract requirement, He swore that not 8 single complaint about the pavement was made to him and that Paul Buchanan said he was satis- fled with it. O'Connor was still on the stand when the Uourt adjournea over till Monday, again post- poning the civil list until Tuesday, THE OHLOROFORM OASE, Coroner’s Investigation. Coroner Kessler yesterday held an inquest at No. 7 Chrystie street in the case of William Metter- hauser, the child (nineteen months old) who died while under the influenge of chloroform which had been administered by Drs. Krackowitzer and Guleke, who were about to perform & surgical operation with the view of removing s tumor. ‘After listening to the testimon: ir, found “That death resulted from by the inhata- tion of chioroform, April 19, 1874, while undergoing an examination for an enlarged abdominal tumor, and we fully exonerate Drs, Krackowitzer ‘and Guieke, who examined deceased ahd administered the chloroform, from aay blame whatever, feeltn; satisfied they adopted proper precautions an used every means to resuscitate deceased,” BROOKLYN TREASURY FRAUDS, Fifth Day’s Proceed‘ngs in the Trial of Cortland A. Sprague. Rodman Testifying that Sprague Offered Him $50,000 to Leave the City. One of the features of the proceedings tn the Sprague trial in the Brooklyn Court of Sessions | yesterday was a statement of M, T. Rodman, Sprague’s deputy, to the effect that last summer, just after the suspension of the Trust Company 4 and the discovery of the frauds, he was offered $60,000 and his expenses, by Sprague, if he would leave the city for six months, in order that matters might be arranged during his absence, He de- clinea the offer. It may be remembered that at about that time Rodman temporarily absented himself from the city, and it was reported that he had absconded. He read a report to that effect published in the HERALD, and immediately returned to Brooklyn, where he was shortly afterwards arrested and lodged in the Raymond Street Jail. ‘Tnis testimony created no little surprise in the court room yesterday, but it had no apparent effect whatever upon Mr. Sprague: He retained’ the stolid, indifferent appearance which has char- acterized him during the trial. It was noticed, however, that he gazed steadily at Rodman, who remained the sole object of his attention during the tay. RODMAN TESTIFYING AGAIN, Roaman was called to the stand immediately after the opening of the Court, and examined by Mr. Van Cott for the prosecution. He stated that on the 5th of June, 1871, his private account was credited with $1,000, the amount of the Uticy Hare check. Q. Did you on the same day pay the amount of the Utley Hare check to tne credit of the city? A. 1 did on tne 6th of June, the day after, and credited At to the city account, Q. Is that the check by which you made pay- ment? A. Ii is; it ts dated June 6, to order of cash, and signed by me; my private account with the ‘trust Company is debited with tne amount of that check; the credit on the 5th is $1,000, and the debit on the 6th is the check; the deposit to the credit of the city on the 6th of June was in excess Of the receipts of that day by $952. Q. Can you say positively that transaction was under direction of Mr. Sprague ? Objected to and objection sustained. Witness—Have seen Utiey Hare; do not know him; did not deliver this check to him; this is the check by which the over deposit was made; in the time of the trouble with the Trust Company in 1873 I went out of the city for three days; I was ill when | was absent. Q. Why did you return? A, I saw & report in the HEBALD that I had absconded; I telegraphed oo ny, that I had not abscondaed ‘and would . Did any one try to induce you to go away ? ir, Barnard—You must ask what concerns Mr. Sprague. Q. Did Mr. Sprague say anything ? SPRAGUE OFFERS RODMAN FIFTY THOUSAND DOL- LABS TO GO AWAY. A. He said if 1 would go away for six months he WOULD GIVE ME FIFTY THOUSAND DOLLARS and money to live on; he promised to give me this if 1 woula a1 ‘ay till he could arrange with his bondsmen in ork; I refused; he begged me to go away fora day, and I consented to go, and Went for one day, on the condition that nothil was to be said about me; hearing the repor' against me I returned, and have remained since. Q. You testified when you drew these checks that Mr. Sprague asked you to “fix this or that for him.” you understand what he meant ? Objected to. Objection overruled, Exception. Rodman continued—I understood Mr. Sprague by the term “fix it,” that in this case or an’ other I was to give the check and take hts col- laterals, and tbhatit was his transaction, loaning, the city’s money; this applies also to the case ot we A bank, ind ee stock, and to all cases ere 1 took city Honey for his use. Q. Were there not other uses of the city money by direction of Mr. Sprague before and after this case, involving large sums t J ‘Objected to. Od) ection overra led. Exception. a Rodman fe) ct iative. Did Mi apt 2 tom time to time borrow large sums of money and pay thein into the treasury to make up the balance? Ruled out. Q Were over deposits made from time to time to city credit? A. There were; the check of Mar- Tay to Sprague for $2,682 670n Park Bank De- cember 7, 1870, was not passed to the credit of the Trust Company a3 @ payment irom Mr. Sprague to the company. Q. Was the check, any part of it, passed to the credit of the city on that day or the next? A, $2,500 were passed to credit of tne city on Decem- ber 8; the deposit was over the amount of Treas- urer’s receipts of that day; the difference, $32 50, was retained by somebody; Murray’s check for $6,103 66 of November 18, 1871, was not paid to the Trust Company to the credit of the city; $6,000 in Nassat Ban Qf that date were to the credit of the city, November 1871; the check was received on Saturday, and on Monday passed to the credit of the city in Nassau Bank; the Treasurer’s over deposit that day was $7,750; the $26366 from the check was retained; Mr. Sprague had five-sevenths or it and 1 had two-sey- enths; that is the case with the other reserves of | interest; on August 27, 1872, according to deposit ticket, $6,000 were deposited in the Trust Company to the credit of the city; Murray’s check of that date for $6,074 66 was the deposit; the $74 66 were retained and divided between us as before; on Oc- tober 25, 1872, MR, SPHAGUB BORROWED FROM THE TRUST COMPANY on collaterals in the name of EB. M. Cullen, $45,000; on October 25, 1872, the books show the entry of the amount borrowed; under Cullen’s name in the books are the initials C. A. 8.; on that day there is an excess credited to the city of $6,000; that excess was created by $20,000 bor- Towed by Mr. Sprague from the Nassau Bank that | day; this made $65,000; the $5,000 were retained | by. Mr. Sprague and $60,000 deposited in Trust Company; subsequently, on Ai it ES 1872, there were $25,500 borrowed from the Fulton Bank; the Whole amount was de- posited to credit of city; the over deposits that day to credit of city were $28,135 79; this was bor- rowed by Sprague on collaterals; an account was kept by me of the moneys reserved Out of the city | fund; I gave the memoranda to Mr. Sprague; they were kept in the sale, and the last time he took the keys of the safe he kept them; these mem- oranda were referred to by mysel! and Sprague frequently to see how the account stood; I sug- gested his borrowing moneys to cover the de! clencies; the deficiences annoyed me, and I wished them reduced; 1 BORROWED THE MONEY, Mr. Sprague furnisbing the collateral; me! salary as deputy was $1,000; my wile owned real estate; 1 had no personal estate at that time; when I first went in the Treasury I had nothing, and went out the same way; I had no collaterals on which to borrow money, real estate or other; when Sprague | told me to ‘ux it? I had no means to Ax it except by using the money-of the Trast Company or city; Sprague was a director of ust Company, and if I used money of the c It would appear im the books and never used Trust Compauy tmoney; only used the city money; both rooms in Trust Company’s offices were used by the Treas- urer; the private desk was in the back room, and the public desk outside; the saie was in the inside room ; the books were kept in the private or inside room occupied by the Treasurer—the fund books, bank books, pass books and receipt books; my duties in Trust Company and as deputy called me im and out of both rooms; my hardest work was as depnty; 1 was ordinarily (when Sprague was there) occupied in the outside room; SPRAGUE’S COLLATERALS were kept in the safe back of his chair; his private collaterals were kept in an tron box in the safe; the securities of the Trust Company were kept in an iron safe in the vault; Mr. Sprague’s were not kept with these; the whiskey collaterais were kept in Sprague’s sate; they never Went among ‘Trust Company’s collaterais; . I ad = access «= tO Mr. Sprague’s collaterals, but never ul- less under his direction; he had the keys when I was out of town and had exclusive possession of them; I placed the Long Island Club note in the hands of Mr. Brewster and took it back from him by direction of Spragae, and gave it to Sprague; the Trust Company put its stamp ‘for deposit’? on all checks a ted by it; this was done to save writing. [ lemand loan book of ‘he Trust Company was here put in evidence.) In the books of the Trust Company Mr. J. B. Murray firat appears as & borrower of money on Septem- ber 4, ; he obtained @ loan then of $6,000 on eighty shares of Fulton Bank stock as collateral. ‘The witness was then subjected to further cross- examination by Mr. Barnard. He said HE HAD BREN CONFINED IN JAIL on the charge of embezzling city funds, but he was never told what he was indicted ior; he had been romised indemnity on these indictments if he tes- ified, He then continued as foliows:—The conver- sation with Sprague in reference to giving me the sum Of $50,000 occurred at house in the even- ing; I think it was in July or August; do not re- member on what date I went away; Mr. Sprague had two interviews with me about going away; the first interview must have been a few days fore | went away; no one came with Mr. Spragu on these occasions; the interview took place in tne front room up stairs in my house. Q. Detail the conversation on both sides on that occasion. A. It would be very diMcult; Sprague came in very much excited; there were callers there, 80 1 invited him up stairs; he said he was anxious for me to go away; we would both get in State Prison if we didn’t fix something; he could fix'me ana my case, but he must have time to fix up his securities; he said, “Go away; be gone six months and more and I wili give you good note for $50,000, and it shall be paid, money to pay expenses besides;” am not aware that the names of my bondamen were mentiuned; have no doubt they were. Dian’t jue begin py saying, Mr. Sanger Low, your bondemen, have stated you could do something toward making up your deficiency to the city? A, I recollect nothing of the kind; am Bot aware that I was then aware that Mr. Warren had finished his examination of the city accounts; can’t teli whether Warren's report was made at that time; the substance of his interview was not urging me to make good my deficiency to the Oe fret and the nang me spens ® week a the wat: ae efore I went away; it waa a A GREAT DEAL OF EXCITEMENT; I had one interview (maybe two) with my bonds- men; 1 don’t know whether Warren had made his report before I went to the country; the second in- terview was in my house; no one came with Sprague; Qo one but he and I were present. Rodman was then examined again by Mr. Van Cott, and stated that he was told by his private gounsel (Mr, Wood) that he would be indemnified if he gave testimony. Neitier ex-District Attor- ney Britton nor District Attorney Rodman made any such promise. Witness continued :—In my in- terview with counsel for ogee yesterday I was requested to look over my papers to find a check—the Utley Hare matter; I was not requested tate any evidence other than what I find by the 2. You received no money from me to bear false witness to-day ? Mr. Kernan objected. The Cuurt—Mr, Van Cott, am sure no one has made such a statement as that, Witness—None of the transactions in my pre- vious evidence concerning the raising of money for Mr. Sprague took place without conversation be- tween us; I cannot remember what he said. Q Did you follow instractions given by Mr. Sprague? A. I always had some conversation, but what it was I cannot remember. x In regard to division of interest between you and Mr. Sprague, how diait happen that five- seventh went to Sprague and two-sevenths to you A. It happened that I took the money and gave pa eee five-seventns; he took it and did not ub- ; ‘MR. SPRAGUE NEVER BORROWED ANY MONEY FROM MF; there was no transaction between us by which he could owe me a dollar; om the day that the $5,000 spoken of in my cross-examination was de- posited to Sprague’s credit in his private ac- count hisaccount was already overdrawn $3,263 11; I did not take Sprague’s collaterals without his knowledge; the Trust Company never had the mortgage on the Jersey property; I never had it except as acting for Sprague; on the dates of the false weekly reports to the Comptroller the Treas- urer was here; ne knew the reports were false; he did not remove me in consequence. To Mr, Barnard—I submitted these reports to Mr. Sprague; I never 1et the key of the sale go out o1 my possession to anybody but Sprague; no strangers could get inside of the vault of the Trust Md al only officers or employés could get there; [had no private papers of my own in prague’s desk, Mr. Warren, the accountant, was recalled for the Layers and said by reference he had founa hat the dates and amounts stated by Rodman that oF | Redd were correct in every instance. he prosecution then rested, and after recess Mr. D. P. Barnard opened the case for the defence in a speech of over an hour’s length. He threw all the blame upon Rodman, whom he denounced as a felon and periurer. He charged that Rodman had stolen all the money, and in order to save him- seif had now accused ‘Sprague, an upright abd honorable gentleman, of the robberies, At the conclusion of Mr. Barnard’s speech the Court adjourned until tem o’ciock on Monday morning. MICHAEL NORTON’S RETURN. Unexpected Appearance of the Fugitive Ring Conspirator—Bail Accepted and His Testimony To Be Used the Suit of the Tenth National Bank Against the City. Shortly alter ten o’clock yesterday morning a close carriage drew up at No. 32 Chambers street, which, a8 most taxpayers well know, is the rear entrance to the brown building, on the second floor or which the District Attorney’s oMice 1s situ- ated, Three well dressed men jumped from the carriage quickly and hurried up the fron staircase which leads from the street to Mr. Phelps’ department. A low-sized, thick set man, with a black mustache, led the way, and was followed by a tall, burly individual, whose face was two years ago as familiar to the City Hali loungers as the unfinished County Court House itseu, of which be was a commissioner. “HERE I AM AGAIN." A HERALD -reporter happened at the head of the staircase as the two ascended, and, as the second man passed him by along the corridor to the District Attorney’s ofice, he could acarcely credit bis eyesight. It needed only a single glance to detect tne rubicund features of Mike Norton, ex-Senator, once the “Thunderbolt” of the Fifth Senatorial district, Mike was dressed with his usual neatness, in a close-fitting suit of dark tweed. His shirt front was set of by two spark: ling solitaire diamond studs, A jaunty spring “tlle,” cocked at the old angle, completed the ex- Senator's “get up,’ and he looked in good healtn. His arrival was evidently expected by a number of frienas who were gathered in the corridor in front of the vistrict Attorney’s office, for as he came up they advanced eagerly to greet him, and each shook him vigorously by the hand, when the ex-Senator said, in a jolly tone, “WELL, WE’BE BACK, YOU SEB.” The entire party entered the District Attor- ney’s office, where District Attorney Phelps and his assistant, Mr. Lyon, were in wait- ing. Norton and two friends were ad- mitted to Mr. Phelps’ sanctum, from which all others, even reporters, were excluded. Altera time Norton came out smiling and evidently ver: Much more at ease than he was when he entere A short conversation with his iriends was followed by another vigorous handshaking and congratula- tions. It soon became known that Norton had heen admitted to bail, and that the reception of a bond for his appearance when called on for trial was the last the public would hear of tne charge against Norton for malfeasance in office in his ca- acity of Commissioner of the New York County ‘ourt House, Further ingutries by the reporter developed the fact that Norton’s bail had been fixed at $6,000, and that it had been signed by Mr. John Purcell. Tnis gentleman is a liquor a , OF No. 669 Broome street. FIXED, Six indictments were found against Norton on the 16th of June, of last year, charging him with malleasance in office as County Court House Com- miasioner, Norton had given batl on these in- dictments, but when his case was called for trial in the Court of Oyer and Terminer the “Thunderbolt”? haa left for parts unknown. The _ result of Tweed’s and Ingersoll’s trial frightened Norton out of New York into Canada, in common with ex- Alderman Tom Coman and ex-Commissioner Wil- lam Welch, A WALK IN THE PARK. After the bond had been accepted and Norton was told he was at liberty to go where he pleased the exile took a walk through the City Hal! Park, The hour was too early for the regular park loungers, but when his burly figure was seen to descend the iron steps a clerk in one of the departments saw and recognized him, and the word flew quickly round the County Court House, and from the County Court House to the City Hall, that “Norton was back.” Every window was filied with a curiuus crowd watching him, After a walk through the Park and a drink at Delmonico’s Norton drove to his residence, at No, 42 Chariton street, HOW HE CAME BACK. The Heratp reporter learned that it was through tue fee. of the Corporation Counsel, E. Delatield Smith, that Norton had been admitted to bail and that the bail had been fixed at so small anamount. It was added that the inducement was offered to Norton with the object of gettin: him to tell all he Knows on the stand in the case o! the Tenth National Bank against the city. This case involves to the city nearly $600,000, and came up some time ago in the Supreme Court Chambers in the form of an application for a mandamus to compel the city to pay the bank. An affidavit signed by Norton, which was read by Mr. Strahan and which was procured by Mr. Tatntor, examiner of accounts of the Comptroller's ofice, caused a postponement of the final decision. THE CORPORATION COUNSEL'S STATEMENT. “Yes, I have requested District Attorney Phelps to take Norton's bail,’’ said this officer, in response to the reporter's query. ‘You see | have thought this matter over carefully for a considerable time, and I nave come to the conclusion that Norton’s testimony would be of great use to me in the civil suit brought against the city by the Tenth National Bank. In fact, | could not well do without him and save the city from this claim. 1 then resolved toask District Attorney Phelps to fix the amount of bail at so low a sum that Norton could easily give it, and he readily consented.” BOLD ROBBERY AND ESOAPE, Boston, May 1, 1874, At the Merchants’ Bank to-day, while Alexander A. McLaren was counting @ package of money, & man diverted his attention momentariiy by drop- Ding two $2 bills on the floor, then seized a roll of $1,000 in bilis and escaped. OITY AND COUNTY TREASURY. Comptroller Green reports the following receipts of the Treasury yesterday :— From of 1878 and interest 6 984 From arrears of taxes, assensmenty and 7317 From collection of assessinents and interest. 748 From market rents. 194 From water rents, wl From lice! 4 Mayor's Office iy From tees and fines, Health Department 372 From fees, &¢., Oourt of Oommon Pleas. S40 TOtAL....eeeseveveereroes: and Tl give you | THE OCEAN DISASTERS. Additional Statements Concerning the Steam» ships Europe and Amerique. OFFICER BUCK’S STATEMENT. Difficulty and Danger of Rescuing Cap- tain L:marte’s Company. The Accident to the Amerique Described by Baron Barbier. WRECK OF THE EUROPE. Chtef OMicer Buck, late of the steamship Greece, made yesterday the following official report to Mr, Hurst, agent of the National Line, concerning the loss of the Europe and the rescue of her passengers, Considering the many contradictory statements which have appeared in the newspapers, the off- cial report, written by a brave and honest seaman, will form an important chapter in the history of the great disaster. The following is Mr. Buck’s stagement :— On Thursday, 24 April, I took the bridge after dinner, relieving Mr. Palmer, Third Ufficer. fe said to me:— “There ig a steamer (o the southward, going the same way.” Itook the glass and examined her and saw at once that she was one of the Transatlantic Company's vessels, I think we must have seen her before they made us out, for atthe time I first saw her she was steering just the same course as the Greece, but upon looking at er some time after I tound that she had hauled to the northward, so that she kept gradually closing with us. At about three o'clock I first saw that she had a two flag mal flying from her mizzenmast, but it was near! four o'clock before I coud make it out to indicate " want immediate assistance.” I d told Captain Thomas, who had He at once came on dec! another signal at the maln, indicating, “I am sinking.” We immediately bore ap ai 86 acrous her ate: when we saw that every oute o' nd that they were clei away their fe in mediately got our largest boats cleared away and safely lowered, I taking charge of one. At this time there was a strong wind trom the northward, with @ heavy sea. as we hi a ial the day previous, My bows was the first alongside the Burope, I hailed the bridge and asked the Captain what was the matter with his vessel, when he answered in English, inking and 1 wish you TO TAKE ASSENGERS as quickly as possible,” so we made all possible speed to save the veople. 1 took i my load befure the bridge, she people being lowered down tous in bowllnes, an t must here mention that Captain Phoenix rendered great assistance in helping the female reo Passengers into my boat. I made four trips to and in satety with pesrensers. The Greece was rolling very heavily, making it most perilous to go alongside of her in a boat, and it was only by the greatest possible care that we could revent our boat from being smashed up. One of the 'rench boats astern of me was entirely crushed in, fortunately she was discharged, ‘ont! grew got into the water, but were quickly picked up. None of the French officers took charge of their boats. Mine was the last boat to leave the surope. I had in fe Captajn Lemarie and all his officers, the Captain ing Upon getting aboard the Greece we consulted togeth nm al 6 Greece we consi er, and'{ then returved to the Europe. ihis was abouts it o'clock, P.M. Witn me went Mr. im pson. ol Europe. I also wanted the chief engineer of the Europe, but was Kept waiting so long in the boat pitching about alon; le, that I was compelled to shove off without him. had a very hard pull back to her this time, as from the Position of the two vessels we had to pull right head to ‘sea; however, got on board all right. We went imme- diately down into the engine room; found there not more than about six feet of water, and the fire was still alight and red. We also sounded her cargo compart- ments and found there no more water THAN ANY STRAMER Have. We returned on board the Greece and told Captain Thomas penny ate she wasin. He then determined to ptay by her all night and at half-past four next morming, in conven wit ir. Douglas, I 4 in ed the Europe. We found that the water had increased in the engine room, but that there was nothing more in the cargo eqmpestmants: returned again to the Greece and reports id aiter some little time spent in consultation with Ci ‘in Thomas, I determined with bis Consent make ttempt to save her. Mr. Webber, Fourth OM- cer, volunteered to go with me, also Dr. Maguire and about twenty-twomen. We he Greece in two boats about seven A. M., got on board the Europe all right and hoisted up and secured our boats, and then immediately set what canvas she had. Forward she had no main top- sail bent, but *nough there was a strong northwest wind blowing, still with helm Harde-martoatds she would Nol off farther tl southwest, that was with wind 6 gathered a little it pay off, T then ha the yards round, jing aback, but still without the de- e Greece now came down and sent me a to which they bent on a ten inch rope, ‘to tow the Kurope’s bow round, but the line broke in hauling the hawser on board. It was while doing this that the Greece unfortunately stove in the upper part of her stern on the Kurope’s bow. After some further time spent pear the Europe, Captain Thomas the wi throwing ever, sired eflect. line with a roc! hailed and asked if we were all right, to which I an- swered “Yes.” We told him that he might proceed on bis voyage, WHICH HE IMMEDIATELY DID. T then got every one to work to try and reduce water in engine room; but after some time spent atthis, and finding that it sull gained, we gave ali our attention to the cargo compartments. we might be avle to Keep them free and by this means keep the vessel afloat when the engine room was full. At night on Friday 4 steamer passed, bound east, but paid no attention to signals I made. Inow found that it was useless to hope to get her in with the little canvas she had, as she wou'd not answer her helm, though she was creeping through the water at the rate of three knots an hour. She was still heading south west; so, as I could not afford to head southwest and so get out of the track of steame fon : ey re this means she drift ily about east, which suited my pu: a fees f eaving her iay_in.keep- ing towed. I may he anon at we were — Rte ee we could find her pump gear. On ay afternoon, at half-past two p'elook. ‘@ steamer was Me ire to the northward, which, though a long way off, I at once fern 20 io Sas SOITE Thad been saring only a lithe befors That she onght to ‘be about in our longitude jay, but was afraid that I signalled, askit ing to be taken in tow, our boats and went on board of her ia and asked mien be th to Captain Grogan Becee of the ship, e tthe Europe's hawse plugs out, at we might get Tiength of chain to tow. With ‘Dut these plugs were set 80 very tight in and swelled with the water that, though every 3 was pre, we could not get them out. im to take her in tow let me have more Di was on a 'made fot on the upperdeek, the Beypt lowering One of her boats, in charge of Ney, Recond Officer, assist in getting th hen they were e hawsers |. Whe Well roade fast the Egypt went slowly ahead: but. aiter fowmng.a little while; both hawsers parted, when Cap- tain Grogan signalled us ‘TO QUIT THE VESSEL as fast as possible, and, as there was now about twenty feet of water 10 engine room and stokehole and eight fect six inches in forward compartments, cat , asl sup- pose, by the bulkhead straining, and as her pumps were Hot adequate for the work of kebping the water under, there was nothing now left for us but to compl, Captain Grogan's signal and abandon her, which was Gone, getting on board the Egypt at about elgnht P. M., when she immediately proceeded on her coi to nsto’ Al Gace ener Officer Steamship Egypt, late. Chiet Omeer ; Steamship creece. Return to France of the Officers and Crew of the Europe. ‘The General Transatiantic Company’s steamship St, Laurent, which leaves this afternoon for Brest and Havre, takes home to France all the officers (save three) and crew of the abandoned steamship Europe, who were rescued by the English steamer Greece and brought here on the 14th of April last. Subsequently the principal officers—viz., Captain Lemarie, Second Captain Marchand and Chief En- gineer Leroux—returned to Europe by the German steamer Rhein, for the purpose of making their report to the General Transatlantic Company at Paris touching the loss of their vessel and to be examined beiore @ court of navai inquiry. The following are the names of the officers who leave “to-day :—First Lieutenant Plock, Second Lieuten- ant Viel, Third Lieutenant Lefranc, Sur; Gui- lemard, Purser Leval and Assistant Purser De Galou. In addition to this there are 154 of the crew of tne Europe, who are Pighly delighted to return to “La Belle France.” It expected that there will be a large concourse on pier 50 North River te see the distressed mariners off for home and wish them better luck for the future. The res- cued sailors are very grateful for the kindness they e received while here at the hands of Mr. Mac- kenzie, the general agent of the French company. THE STEAMSHIP AMERIQUE. —_>+—__—_ The Baron Raoul Barbier, of France, who was a passenger on board the Amérique during her last voyage irom this port, wrote a letter while on board the Italian vessel that “rescued” the Amérique’s passengers descriptive of the disaster to the French vessel. The following is that part of it which relates to the disaater :—~ aula breene ax Slowing trom Be gery and very teary sea was running. Up to two P. M. ‘wind veered & tine growing In Rercenene,. We ware Vaey neue ron, rant acgor a see ana he lc safety, o' bea sree, over the vessel. Theo hi traveling he and, breakin stern ‘with terrible velocity. ‘is clroumstance p= Hing, Orie dangerous mangourte was, happily, necore plished without lent. UP to seven alone in the evening he at against the it dividea chi the other, On had lost sm of took his. turn at the able to make them sy gags Nd the leak hi tl ing ot the vesee! could not have'dlicd the. engi an extent as it was eo ne room to he ihe engineer tn chiet aud his much. bet | iy ced reser vers and come bi you can be transferred without confusion: hold’ at Fesponsible for all that may happen” As by ‘this mo we imagined we could teef the steamer gradually stnx- ing under our feet, no one protested against the order, and ip a few seconds every one was ready. The dit barkation of the neere—women, chil c “Go and get your life the passonmers wi sions of the timid were not re: . Jeft the ve: without any a profound silence. The morse eas asolemn one for concerned ; ali had before eyes of might and the ronal ee down to bottom, The women and children at $6 aie men were over the sides of the vessel fi re next and lastiy the prow, The rs C3 ite st nares. and each boat made three from the ing vessel tothe Italian ship. iise mt a= tion from the former began at nine o'clock. and was cen pieted at sev without the slightest accident. The Passengers lost everything. Unfortunately, the de- Darture CHa CA the Ameriq > Be 80 successfully accom: As was that of the passen- gers. Several of the men were ly tnfred i bape b= to save the gers trom while being lowered to the boats, and a sad and fatal accident happened to one of the officers. The ptain, Garay, who narrowly escaped with his life when tho Ville du Havre was sunk by the Loch Earn, in attempt~ ing to get over the side of the vessel by means of tho running fell into the sea and was swept C4 despite all ertions, posible and im) ple, that were made ve him. At eight o'clock the night was dark and easel rolled like @ log trom side to side. ‘ne last man to leave the vessel wad Captain While the disembarkation was go! sels loomed up on bortzon tion. One was the Soa ship Michi a Norwegian cratt. These two vessels boat loads of the Al jue’s passengers, an near us for some time afterward, so as to be at hand in case we needed any further e or our danger Spt te mnt ties etn the See ere 0 wlongside of afternoon unl her Captain became convinced that there not a man left on the er what caused the leal ere Wi which bronght about this disaster? These are questions which can- not be answered as yet with any degree of certainty; but Igive herewith’ the different suppositions indulged ho were on board m— in concerning it by thi E Fird—One of the violent shocks given to, the vessel by the heavy seas whic! k her the aay before she was, abandoned might have started some of the rivets. Second-—The grain stored in bulk in the hold may have sprouted in coming in contact with the salt water, and, swelling out, have started the rivets, Third—One of the water-tight compartments may have been broken either during the loading up at New York or the vessel may have come in contact with some substance at sea. Fourth—The flooring of the engine room, made of very large bars of iron, was torn violen force of the the Italian vessel which #0. brave! m8 took us from the Amérique. The Captain is a fentleman, and literally gives us all that be has ntortunately there ta but Uttle of anything; still we do tude. Rot owe hi 6 vessel ds calles ind her good Cap- tall minico G ere ere one hun~ n’s name no. dred and eighty-nine of us aboard—thirty-mine passen- and one hundred and torty-six officers and crew— ly every one of whom was on board the Ville da Havre when she sunk in mid-ocean ATLANTIC TRAVEL. —_— Good News for Steerage Passengers= Great Reduction in Rates. For some time past several of the wealthy steamship companies trading vetween this port and Great Britain have manifested @ desire to se- cede from the compact by which the rates of pas- gage for steerage passengers have hitherto been determined’ by @ convention, or meeting, of tho various agents of the different lines. For the past six years it has been the custom of the several agents here to meet montnly and talk over and determine the Tates to be charged for passage across the Atlan- tic, On Thursday last, the day appointed for the mon’ connects two of nae ae Baie aaa os tne older companies—such as lation e Inman, the Anchor and the French lines—absented themselves, and letters were read announcing their withdrawal from the association. This, as may well be understood, created great consterna- tion, more particularly as no such action was con- templated. Those remaining at once saw the impos. sibility of any arrangement for fixed rates; there- fore an adjournment was agreed to, with the meee that a conference in Liverpool would result more harmonious action. ‘A CUSTHROAT GAME, From present indications it appears that the steerage passengers migrating trom this pore 50 Europe during the next few weeks are likely to reap the benefit, for there appears every prospect of a sharp rivalry being established between the lines as to the number of this class of persons they shall secure. The National line have already re- duced their rates in the steerage from here to Europe $4, and on preraig tickets from Europe to this country $2. The other lines, in order to com- pete with them, must pele, follow suit, and, as &@ consequence, a still further decline in prices may be looked for. In fact it ts already intimated that the rivalry now inaugurated will result in the rices of passage being brought down as low as 16, and possibly even less than this sum. HUMAN WAIFS. To THE EDITOR OF THE HERALD:— Having been partly inswrumental, lately, in res- cuinga child from the cruel treatment of an un- feeling woman, I find myself frequently applied to to interpose in behalf of others. It is only neces- sary to castan eye over the vast field in which I labor at present for the protection of helpless dumb creatures, to realize how impossible it is for me to ipciude within that domain a proper super- vision of the little unfortunates of our own race. This Iregret as profoundly as any one can, But while reluctantly avowing this inability, I have thought that I could offer a useful suggestion, and one worthy of @ place in your columns, Let a “Society for the Prevention of Cruelty to Children” be formed, without delay, and, in view of the successtal working of the institution over which I preside, let it be modelled on this one, There is a strong analogy between the purposes of both, viz., the protection of the helpless cold and the speechless brute. It may be asked, and I feel the appositeness of the inquiry, “why create another society to do tue work of those numerous ‘nfant associations alregdy maintained by the e?”) I have no other answer to make than to declare that there are almost countless -little human beings in this great city that are habitually treated with as much cruelty a8 are the inierior nimals, and that is saying all that can be urged; aoluei supplement the fact that. this 3 8a) treatment tends to extingutsh nea! ery qui except the outward lorm of humanity, and sub- stitute therefor the instincts of the wild which react again on ourselves, and thus continu- ally torment suciety. And now to the point. That this immense fleld exists, and that unpaid laborers are needed in it, no one will deny; but then, where are they to be procured? 1 will tell you. "lu the there are at least be Fy Heves with fondly leclings: ais, if ouce. aroused, eve, wit ings also, live with no otter object in view than self; self in the most comprehensive sense. In addition G thereto there are quite as many beautiful, accom- plisuea and tender-hearted young ladies, who— well, no matter. Now, let both these unfortunate—i mean fortu- nate—branches of the great human family cail a meeting in the Academy of Music, where they have so often met be:ore, and tet the most earnest and devoted one that can be found make a forcible appeal. Let him—ti it be s man—review the sea- song Of so-called social enjoyment that have char- acterized their brief existence; let him do justice. to. the insufficiency of those pastimes; tl ‘waste of physi morai and intellectual power; the aim- Jess outlook of their ambition done let him depict in sim; suficing joys derived trom a ape! ing to rescue some little traction of humanity irom ge iaeet suffering and moral death. Le! to ns somanee peoviene emotions ~ e enoounter noble y tello charming pet of fashion upon a tteketty staircase leading to the gloomy chamber where, !n & corner ie pliting's Cai ea wear ty a Coe, pacers, See att wheter Hamas ee he, Pa en ever in the ball room with Suet’ subline the opera, the concert or the ‘ket yieldea such rich, substantial, nh an interview. I a shall soswer in the negative, nen have terpreted my own 3’ while working in & | humble sphere. Respectful gre ae Pon ae, ister BENRY BERGE, pencil ‘A COMPLIMENT FROM THE FAR Bast, | [Prom the Machias (Me.) Union.) The New York HeRaLp of Sunday morning, Apri? 19, contains twenty pages, six colamns to the page, eighty columns of which wore advertise. | How blishing house can accomplish § mente, Eooune of work in ne Hore Fpaoe of one w e LD VO give Ite Foray i eighty columns of read 4 \ world, It is the par of ceived at this office, and it be clreus lated throughout the entire a 4