The New York Herald Newspaper, May 5, 1874, Page 3

THE COURTS. The Teresa Small Kidnap- ping Case. ‘Juvenile Asylum Man- agement. BUSINESS IN THE OTHER COURTS. Application was made yesterday in Supreme Court, Champers, before Judge Donohue to make the judgment of the Court of Appeals in the Taylor will case the judgment of the Supreme Court. It ‘Was resisted on the ground that a single judge had no such power, and that the application should be made to the Supreme Court, General Term. Judge Donohue decided differently, and granted the application. The effect of this is that tasues will have to be iound and the case be tried before a jury. The Supreme Court, General Term, met yesterday, Judges Davis, Brady and Daniels on the bench, Contrary to general expectation no decisions were given. The half dozen ring suits, inciuding those of Tweed and Harry Genet, were before the Court, on appeals from rulings by the Court below on the trials. The case of Genet was called by name and the others by numbers, District Attorney Phelps “gaid he should move to dismiss the: Genet appeal. Alter some discussion they were all put over for @ fortnight. There is an unusually heavy calendar for the term, embracing sixty-four non-enume- rated motions, thirty-four preferred causes and 176 enumerated motions, THE POLICE KIDNAPPING CASE. Commencement of the Examination— Detailed Account of the Alleged Ab- duction—One Side of the Story as Yet Only Haif Told, ‘The examination upon the charge made against Police Commissioner Gardner and Captain Wil- Nams, of tne Eighth precinct, of kidnapping Teresa Small, began yesterday betore Judge Law- rence, holaing Supreme Court Chambers, A large and interested crowd was in attendance, The child, who is not allowed to go anywhere without whe escor‘ of some official from Police Headquar- ters, was in court and, very naturally, was the ob- ject of general observation. Commissioner Gard- mer was not present, but his favorite pet of the Eighth precinct was on hand. Mr. and Mrs. Clifton, the parents of the child, were also present, but in the plain homely attire of honest hard working people presenting a striking contrast to this august Police Captain. Mrs. Small, the other mother, was also present, and Mr. William F. Howe the counsel, who is seeking the restora- tion of the child. The opposing counsel represent- ing Commissioner Gardner and Captain Williams. The testimony was rather of an interesting character, TESTIMONY OF JOSEPH CLIFTON, The first witness called was Joseph Ciliton, who testified as tollows I live at No. 338 Fifth street; my business is that of willow basketmaker; Iam employed by P. Ma- Roney of Nos. 7 and 9Jobn street and No. 18 Fourth avenue, and have been in his employ fifteen yea learn $9 to $12 a week; Teresa Small is child; she was boru in May, 1861; Dr. Ives, Broadway, attended. my wile at the child’s birth; then we lived in Extra place, First street; Mrs. Smail lived directly opposite, and the child went to her three or four years ago; I have visited the child 1a Extra piace two or three times, but she used to come and see us daily; the first [knew of her living at No. 16 First street was a week or two ago; Inever knew there was anything improper carried.on there, and she never told me she saw eng improper; I am able to support ner, and 1 desire to tuke her home with me; I have two Gaughters at work and a child who goes to school. On cross-examination by Mr. John lL. Davenport, counsel tor President Gardner, witness said Teresa was given into the care and custody of Mrs. Small $wo years ago, but there was no understanding she should take the of Small; he related how Mrs. Small removed a year ago from Extra Place, and he didn’t know where she was gone. Aman named Rusher came and told him where they were gone to, on Twenty-sixth or Twenty-seventh street, and he went there at eleven o’clock at night and took away the child. Alter some weeks the child went to Mrs, Small with her parents’ consent and by her own desire, and they went to live somewhere in Fourth avenue; it was only a few weeks ago he heard they were living on First street; he never received more than two $6 bilis Jrom Mrs, Small; his reason for taking away his child was because they had gone away and he didn’t know where they were; never heard of Mrs, Small being arrested; 1 demanded my child trom Commissioner Gardner last Thursday and he re- tJused to give her to me. TESTIMONY OF MRS, TALBOT. Lizzie Talbot, who held her iniant child in her arms while giving her testimony, testified that she ie the wife of Samuel F. Talbot, who works at Bal’s stables, and she occupies tne first floor, front, of No. 16 Firat street, and four other fam- ilies live there, laboring people, women and chil- @ren; Mrs. Small boarded with her; occupied the front bedroom, and the little girl lived with her; he was awakened at night by the rapping on the door of Mrs, Small’s room; Mrs. Small cried out, “Who's there #”’ the voices outside said, ‘A trienc, opea;” Mra. Small said, “1 open my door for no- body—I don’t know you from burglars; they said, “Ii you don’t open the door we will break it | in ;”’ Mrs, Small cried to her to open the window and shout for help; the door was burst in; it was the door of a room rented by witn ‘wo men entered, one of them Captain Williams; he toon Mrs. Small by the arm into the sitting room and said, “We want that child of yours;” Mrs. Small eaid, “What do you want with that child?’ Cap- tain Williams replied, ‘That child is possessea of information which we must and shall ascertain;’’ aiter they had sat there for about un hour, she sit- ting on the lounge in her nightdress, Mrs. Small asked myself and my husband if we were willi: to go, and I answered “Yes;” after | that they didn’t seem to want to take us; they said they could get oMicers enough tu take us all if we didn’t let the child go; they said we nad better dress the child or they would take her as | she was; the child was then in her night dress, | | and a bedspread over her; Mrs. Small then dressed her and they took her away, and Mr. Gard- | ner said they would bring her back in the morn- ing the way they took her from the house; the child cried and wanted Mrs. Small to go with her; Small cried and wanted to go with tne child. aed i cry instead of a small cry,” interrupted ir. Howe. Q. Did the two men give any notification of who. ‘they were? A. Beiore coming in a card was put under the door, on which was written. “Captain Wilhams wishes to see you; he asked for the card aiter he came into the room, and it was given to him; they refused to let Mra. Small go with the child; they took the child away with them; she went involuntarily. Q Did epealn | Williams look pleasant or how? graft, A._He looker The cross-examination began with a description of the rooms rented by Mrs. Taibot. These, she said, were a sitting room, two bedrooms, a dark room used ior storage and a kitchen. I was mar- ried, she then went on to testily, in 1859 at the rsonage of the Allen street Methodist church; I fave resided at No. 10 First street a month: the ¥th of this month Mrs, Small went there with me; 1 moved from No, 356 Forsyth street, where 1 had lived three months before; previously I lived in Chrystie street, near Broome, but do not remem- ber the number; betore this 1 lived home with my Jolks, at Elizabeth, N. J. Q ‘Where did you first become acquainted with Mrs. Smaily A.'1 nave known her about a yea Mrs. Small was then living in First street, ne: First avenue, ina tenement house; I was intro- duced to her in the street by Jennie Little. 0. Have you seen Mrs. Little since? A. But once, and I then met her in the street; the :ntro- duction was in the daytime; Mrs, Small came to see me about two months alter this, and alter that called quite olten; she came to live with me the day after | moved into First street; an arrangement to this effect had been Pg ictgges A Made; 1 have siways known the child the name of Teresa Smali; when Mrs. Small rst called on me she brougae ‘Teresa with her; 8 that Mr. titon were her parents. ot tra bg bihdae. ice Smal to Ye by 31 a known ah se Dame annie, NS joer er know of her being arrested? A. No sir; 1 know of no one by the a me of Nellie Coatiey, Nelite White or Nelite Bell; Mrs. Small not been in the habit of receiving company; one, either male or iemale, has called on Mrs Small since she has lived with me; | have never known O/ Teresa bringing men into the house or of any girl bringing men into my rooms; Mrs, Small has paid me $12 a week for her a) y ry the doors are ail common dope Teress’s board; The further examination was here pe. “ adjourned till HOW OUR JUVENILE asylums ARE MANAGED, Hardly a week passes over in the disposal of the ordinary litigation m the civil conrta of the city, that there is nota case presented reflecting more or less seriously upon the manner in which NEW /YORK'\ HERALD,’ TUESDAY; MAY 5, '1874.—TRIPLE SHEET,” the duties of the superintendents of our public institutions are conducted. A case in point came up yesterday in Supreme Court Chambers, bejore Judge Lawrence, in which @ mother, through the: action of the Court, applies to have her son, a young tad of twelve years, restored to her, and taken from the illegal custody of the superintend- ent of the Juvenile Asylum, to wnom she tempor- arily consignéd him under the following circum- stances, The complainant, Mrs. Maggie A, Hardie, & Widow, states that her son was contracting vad | habits, being averse to going to school and disobe- dient and inattentive when there; and that with intent to punish and reclaim him she brought him to the Juvenile Asylum op March 17, She there saw Superintendent Carpenter, and asked bim if he would take the little fellow under his care for a period of six or eight weeks. The Superintendent consented op condition, that the mother would ieee pevdied sae me. ar one | Sah care; mot! 7, 88 ipposed, Gem ‘was, therefore, taken see bim ces eight weeks, At visits she remark that the — bo; was very poorly clad, and unclean his ¢lothes and person. On this point she remonstrated with Mr. Car- penter, who treated the matter rather jokingly, saying that he was as well dressed as was Tweed, and that ought to be comfort enough for her. Mrs, Hardie’s representations and remon- strances were of no avail, and she anxiously awaited the expiration of the term to reclaim her child, When she called at the asylum for this pur- pose she was astounded at the information that, by the blank ‘orm she had signed, she had surren- dered her child to the tender mercies of his cus- todians till he should be twenty-one years of age. ‘The poor woman at once songiit legal redress, and to her first application Judge Brady issued a writ of habeas corpus jor the production of the child in Court, Yesterday the writ was returnable, when Pin beers Carpenter brought the child into jour’ The return was presented in the form and words of the blank signed by Mre. Hardie, and follows :— Et ee RATE, ARENT OR GUA! bu, J, Maggie A. Hardie, ot New York, mother of Robert W.'Hardie, about twelve years of age, born in Pennsyl- vania, do hereby surrender and intrusthim to the ‘oard ot Directors of the New York Juvenile Asyium for his care and management till he shall become t “One years ot age, and I do hereby bopper to and invest the said Corporation with the same por id 1s W. Hardie, as those of which f a1 son > ei mye AGGIE A. HARDIE, in prevence of J. W. Clymers, New Yorx, March 17, 1874. Mrs, Hardie appeared thunderstruck with dis- may when she heard this document read. She as- severated that she would not have signed the paper had she known itscontents. Counsel also on her behalf denounced the whole proceeding as a iraud and vile misrepresentation on the part of the Superintendent, and urged that it was incredi- ble that a mother would nave thus voluntarily deprived herself of the pleasure of rearing and provi for her child now, and reaping the bene- it of his love and affection in the future, when sne would need such filiai return from him. Judge Lawrence, afier some consideration o1 the matter, decided that as it turned upon a question of fact he would order an examination before a. referee. The child remains in the meantime in the custody of the directors of the asylum. BUSINESS IN THE OTHER COURTS. SUPREME COURT—CHAMBERS. Decisions. By Judge Daniels. Schmidt va. Levy.—Memoraadum. By Judge Lawrence. In the matter, &c., Norwood.—In this case I must hear co: By Judge Donohue. In the matter, &c., Van Conten; in the matter, &c., Brush et al; im the matter, &c., ‘Selig.— Granted. Burnard ve. Selmes.—Opinion. Edson vs. Hoyt; Swift vs. Swift; Black vs. Giver- naud.—Motions denied. Sun Mutual Insurance Company vs. Swift; Ma- son vs. Partridge.—Motions granted. In the matter, &c., Somers—Order of refer- ence. Schaefer vs. Trefy.—Sureties approved. Stevenson vs. Stevenson.—Judgment of divorce granted to plainutf. Briant vs. De Forest.—Order granted. Pierce vs. Ives.—Memorandum. SUPERIOR COURT—SPECIAL TERM. Decisions, Before Judge Freedman. eee. receiver, &c., vs Gale et al.—Motion lenied, Cohen vs, Cohen.—Report of referee confirmed and judgment of divorce granted.co plaintimt. COURT OF COMMON PLEAS—GENERAL TERM. Important Decision with Regard to the Game Laws. Before Chief Justice Daly and Judges Loew and Robinson. The suit of Royal Phelps vs. J. H. Racey came up Yesterday in General Term, Supreme Court. De- fendant was prosecuted for violation of the game Jaws, in baving quail and pinnated grouse in his poepcen ny auring the close season. Deiendant put in a8 answer that the birds were killed before the close season, and preserved by a patent process, Plaintiff demurred, and the Common Pieas, Special Term, sustained the demurrer, ‘The General Term confirm that aeciston, holding that possession of the game 1s forbidden after March 1, and that how- ever the possession arose it was forbidden under a Penalty, and that the act 1s constitutional. Holding Two Offices—Double Salary. In the case of ex-Assemblyman Ryan, who claims the payment of salary for services as Deputy Ulerk | for the Court of Special Sessions during a term he served in the Legislature, decision was yesterday rendered in his favor and ordering the Comptroller to pay the salary claimed. The case has been un- der litigation in the courts for a considerable pe- riod, and the decision above was an affirmation of the decision previously rendered in the Special Term, Decisions. By Judges C. P. Daly, Robinson and Larremore and J.P. Daly and Loew. Katser vs. Richardson.—Judgment reversed. Opinion by Chief Justice Daly. Chapman vs. Douglas.—New trial ordered unless the plaintiff consents to reduce the verdict to the | value of the safe and interest, Opinion by Chief Justice Daly. Quincey vs. Young.—Judgment affirmed. Three opinions, by Judges Daly, Loew and J. F. Daly. Dowdney ve. McCollum.—Order reversed, with Costs. Opinion by Ju Loew. The People ex rel. Ryan vs. Green, complain- ant.—Order affirmed, Cer peremptory man- damus, Opimon by duage Robinson, Swathers vs. Christai et al.—Order appealed from affirmed. Opinion by Judge Larremoce, Phelps vs. Racey.—The ju ent as to the answer to the two first counts should be affirmed, and as to the third count it should be reversed and judgment given to the plainti® upon that count, Opinion C) Judge Daly. Curley va, Tomlinson.—Motion for reargument denied. Opinion by Chief Justice Daly. Deviin vs, Costelloe.—Judgment reversed; new trial ordered, with costs (except of former. trial) to abide event on payment Oo! costs of such former trial within ten days after notice of order herein; but, in default of such pi nent judemeny should be affirmed. pe ee by Judge Robinson, Keating vs. Serrell,—Judgment affirmed with one uae opinions, by Chief Justice Daly and ad W rail va, Mutua! Protection Assurance Society.— Judgment affirmed. Opinion by Chief Justice ‘See opinions with General Term Clerk. COURT OF COMMON PLEAS—SPECIAL TERM, Decisions. By Judge J. H. Daly. Clapp vs. Howe.—Motion denied. Koehler vs. Ferguson.—See memorandum, COURT OF GENERAL SESSIONS, Opening of the Term—Empanelling of the Grand Jury. Before Judge Sutherland, The May term of this Court commenced yesterda: his Honor, Judge Sutherland presiding. Assistant District Attorney Rollins wilt represent the prose- cution, The Grand Jury was sworn in, Mr. William | Palen being selected to act as foreman. His Honor congratulal them upon the fact that the calen- dar of crime was smaller than it had been jor a long time, and atter enumerating certain statutes which the presiding Judge is requirea to mention for their guidance, he dismissed the Grand Jury to their chamber. Larcenies and Burglaries. George Gibson and William Graham pleaded guilty to stealing $3 from the person of Sarah C, Harvey as she was going out of tne Church of the Strangers, on the evening of the loth ult, AS there was anotoer charge against Gib- son he was sent to the State Prison tor three years. Graham /urnished satisiactory evidence to the Court that he was not an old oftender and he was sentenced to the State Prison for eighteen months. Henry W. Johnson, who, on the 16th of last month, stole $60 worth of clothing and a sliver watch, penne es to John Richard: leaded guilty, &c., and was sent to the State n for one year. Joseph Lazarus pleaded guilty to an attempt at grand larceny. The charge was that onthe 19th 2 April he stole $14 from the vest pocket of John n. ‘Charies ood. and sort Hh fl ee leaded guilt: stealing la ing appare' Ha the property of Hannah Walsh Sutheriand, before passing sentence, in- of Mr.” Wood avd “Mr.” Williams it t was the first use they made of their freedom, was as JEFFERSON MARKET POLICE COURT. A Highway Robber in Court. Before Justice Murray. At two o’clock yesterday morning Mr. Charles , Roach, of No. 491 Washington street, was passing through Thompson street, when be was accosted by Patrick Shea, a burly ru@an, who seized nim by the throat, and without iurther ceremony pro- ceeded to despoil him of @ valuable watch and chain. Mr. Roach cried lustily for help and Oficer O/Suliivan came promptly to the rescue, and after a chase of gome minutes’ duration. succeeded in capturing the highwayman. Shea was taken be- fore Justice Murray, at the Jefferson Market Police Court, where he was committed for trial in de- fault of $1,000 pail. COURT CALENDARS—THIS DAY. SUPREME UOURT—CHAmMBERS—Held by Judge Lawrence—Nos, 9, 10, 54, 60, 81, 82, 181,482, 188, 159, 165, 166, 186, 190,-191, 218, 298, 242. "Call 247. Fi Dg ge ere Brady Nos | Emu ja a els ans ——] 3 merated Motions—Nos, 12, 14, 15, 19, Es 22, 28, 24, ae @ 25, 26, 27, 28, 30, 3%, 3, 85, 45,4 42; Gr fy 0a’, 6, 4 8, 81, 58, Sornewe Court—Circurn—Part 3—Held by Judge Lawrence—Conrt opens at half-past ten A. M.—Nos, , B13L, 1709, 99, 1895, 427, 699, }, 731, 8251, URT—TRIAL i—! 1—Heid by Judge Curtis—vourt opens at eleven A. M.—Nos. 731, Th 873, 625; 15534 41, 879, 823, 289, 30, 1727, 1647, 1759, 1811, 623, Part 2—Held by Judge ir—Nos. a0 i, beg 3036, 164, 1730, 970, 80,. 622, 28, 780, 842, ‘COURT OF UOMMON PLEAS—GENERAL TERM. —Held yy iiwe! 8 Robinson, Van Brunt and Larremore.— fos, 55, 67, 68, 10, 15, 16, 77, 78, 79, 7S, 86, 87, 96, 97, 98, 99, 105, 106, 107, 108, 109, 111, 142, 14, 117. 118, 120, 122 COURT OF COMMON PLEAS—TRIAL TERM—Part 1— Held by Judge Loew—Case on.—No, 2666. MARINE COURT—TRIAL 'IkRM—Part 1—Held b; dieu cites ata, A162, 4186, A104 4200; 4206 S109; S001; Soar, Kr 8788, 4214, Part 2—Held by Jud; Joachimsen—Nos. 4361, 37 3308, 8017, 3919, 4031, , 4043, 4047, 4063, 4065, 4069, 9503, 3868, 4498, 4887, 2189. Part %—Held by Judge Spauidivg.—Nos. 4857, 4770, 3608, 4766, 4729, 4721, 3820, 770, 4703, 4342, 4880, 4381, 407 4832, 4883,"4701, 4886, 4746, 3244, 3679, Part 4—Hel by Judge Moadam.—Nos. 1770, 1484, 4241, 4104, 4750, 4990, 4715, 5039, 4368, 4787, 4288, 4577, 3724, 4828, Sous! $912, 4810, A7a%, 4808, Part Hold by Judge Alker,—Nos. 3967, 899; 3997, 4007, A 8, 3095, 4009, 4011, 4013, 4015, 4017, 4019, 4021, 4025, Court OF GENERAL SEssions—Held bv City Jud: Sutherland.—The People vs. Daniel Sullivan, rob- bery; Same vs, Robert Weslie and Thomas Dow- Uret Same ys. John Mahony, John ‘bili and Thomas Sommers, burglary; Same vs. Peter Carthy and Bernard Carroil, larceny from the person; Same vs. Uharles Curtis, grand lar- ceny; Same vs. Samuel Lomas, grand larceny; Same vs. Pierce Kennedy, grand larceny.; Same va. John Hessler et als., assault and battery. UNITED STATES SUPREME COURT OPINION, WaSHINGTON, May 4, 1874, The Supreme Court to-day decided the confisca- tion case relating to the Slidell property and sev- eral other similar cases, holding that the proceed- ings in the District Court, in pursuance of which the property was sold, were regular and passed full and indefeasible title to the purchasers, and 80 notwithstanding the subsequent repeal of the law under which the Fepceeein took place the de- cree of the Circuit Court, which reversed the de- cree of the District Court, was therefore reversed. Mr. Justice Strong delivered tue Rope? Mr. Justice Clifford dissented, holding that the proceedings were at Common Law and the cases should have been tried by juries, and not being so tried, they were insufficient tu pass valid title, because in such proceedings, the defaul: of the rty charged is not a confession of the charge, at imposes upon the government the necessity of [esta its truth the same as if the party were present, which was not done in these cases. The twenty per cent cases were also decided, the Court holding that the act increasing compen- sation in the civil service applied alike to allim that service in the city of Washington, but not outside of it, who were em- ployed ob an officer of the vern- ment authorized to contract for their services and to fix the compensation, One case, that of a plate printer in tue Bureau of Engraving and Printing, was held not to be. within the act, because he did piece work and employed another party to do his work. One case was aiso thrown out oecause the party was employed in a government cemetery outside of the city. Mr. Justice Swayne read a dissenting opinion concurred in by the Chici Justice and Mr. Justice Davis, holding that none of the parties were enti- tled to the extra pay voted because the year for which it was allowed was nearly exhausted when the act passed, and it was, for that reason, a gra- tulty instead of compensation. MUNICIPAL AFFAIRS, OITY AND OOUNTY OONSOLIDATION, The following is the law for simplifying the municipal machinery of the metropolis lately passed, and which has received the signature of the Governor; aiso the supplemental law explain- ing the same:— Sxcron 1.—The county of New York and the corpora- tion known by the name of “The Mayor. Aldermen and Commonaity of the city of New York,” shé 5 A ‘3 5 3 ‘ork, and of the Supervisors or Board ot Supervisors of the said oan of New York, are hereby vestea in and shall hencetorth belong to the said corp: ration; but nothing contained in this act shall abrogat or impair or in Sorin affect any existing right or in- terest, except to vest it in the said corporation. Sxc. 2—For all purposes the local administration and and county of New York shall e in and be pertormed by the one corporation aforesaid. All charges and liabilities now existing against sald county, or which may hereatter arise or accrue in sa city and county of New Yor! nd which, but for this act, woukl be charges inst or liabilities of said county, shall be henceforth deemed and taken to be | Pig ances e or liabilities of said corporation, and tovernment of the cit shal etrayed or answered unto by it, All bonds, tocks, contracts and obligations of the said county, and of the said Board of Supervisors, now existl shall henceforth be deemed such of and against said corporation, and uch that are or may be authorized | to he hereafter issued or entered into shall | be issued or entered into by and in the name of the said corporation, ‘Ngo. 3—All the powers and duties that now are, or hereatter may be, conferred or charged upon the Board oft Supervisory of the said «ity and county, shall be ex- ercised and performed by the Board of Aldermen of suid city ag such, subject nevertheless to the like power of approval or rejection by the Mayor of said city, as is or may be required by law in respect to acts ot the Com- mon Council of said city, except that when, by the con- stitution or laws of this State, any action Is' specifically Fequired to be taken by the roard of Supervisors of sald city and county, whichicannot, under any power cou- ferred by this actor otherwise, be taken in any other | manner, such action may be taken by the said Board of | Aldermen as the Board of Supervisors ot the. said city | and county. Sno. 4.—All funds and moneys now held by iS, payable to any officer as County Treasurer of the city or yunty shall henceforth be deemed to be held by cept such funds and moneys as shall be held by and pay- | able into the lreasury of the State of New York. Bec. 5.—This act shall teke effect immediately. CHAPTER 305. An Act explanatory of an act to consolidi the gov- | ermiment of the city end county, ot New York, and turther to regulate the same. Passed April 30, 1874. The people of the State of New York, represented in the Senate and Assembly, do enact as tollows :— Sxct10N 1,—Nothing in the act entitled “An act to con- golidate the government of the city and county of New York and turther to regulate the same” shall be con- strued to affect the election and appointment of county officers whose election or appoihtment is provided tor by the constitution of this state. the appointment of mem- bers of Assembly or any other purposes for whicn the city and fend ot New York is recognized in the consti- tution a3 one of the counties of this State. Sxc. 4—This act shali take effect immediately. THE NEW POLIOE LAW, The following is the new law concerning the or- ganization o! the Police and Park Boards :— An Act to amend chapter 385 of the Laws of 1873, enti- ted “An act to reorganize the local government of the city of New York,” paged April 8) 18/3.and the acts curennewe?, thereof. Passed April 4, 1874, three-fifths esen| Tho Soopie of the State of New York, represented in nate and Assembly, do enact ag follows Sxorion 1. section 8 of chapter 835 of the Laws of 1873, entitled ‘An act to reorganize the local Rovernment the clty of New York.” pased Aprit 90, 1873, 1s hereby ame gag ad as follows :— “suc, 39, The Police Departmeat shall have for its | head '® board to consist of four persons to be known as | ‘oles Commissioners of the city ot New York, who shall, | xcept tuose first appointed, hold their ofices tor uw sooner rem nt joved, as herein provided. ‘The ouiee of the Poltee Commissioner ot the city ot New York, whose term of omce oxpires on the ist day of | ay, hereby abolished on and after tne said date. | @ Police Department, on and aiter the let day of May. | 1874, shall be under the cha: id control of four Com* un re | missioners, who shall pertorm all the duties and exer- cise all the powers now by law conterred or Ls! Nag ‘upon the Police Department of the city of New York. BEo. %—Section & of chapter 365 Laws of is | amended to read as follows :— sf “Suc. 84. This department shall be under the pares of 1088 Tl Board to coneias four members, who, except first appointed, shall hold their omtices fave, r ears un- less sooner removed, as herein prov: (This relates sas vies Sat a RA te RC. ‘oF of said city shal r without confirmation of the Board of ‘Aldermen, per: to fill Ld vacancy or vacancies which ay he: ir occur from death, repens. ton or cause other than the expiration ot the fall term In any office to which, by the provisions of the twenty- fifth section of chapter 356 of the laws of 1873, he is em- Bereiss to appoint by and with the consent of the Board o rmen. ‘Suc. 4. ‘This ect shall take effect immediately. BOARD OF ALDERMEN, Action of the City Fathers Relative to | day:— | the tumds and moneys of said corporation, ex- | many ¥ | Pursdant to adjournment this Board met yester- Their Shorn Powers. | day aiternoon. Mr, Vanou, President. in the chair and Mr. John Wheeler, of the Department of ‘Taxes and Assessments, present, besides the mem- bers. In anticipation of an exciting meetng, it betug known that the Governor had signed the “Consolidation Bill” merging the city and county into one, & very large lobby was present, among them some of the Assistant Aldermen. ‘The minutes of the previous meeting were read and approved, A communication was received from the Clerk of the Board transmitting a certified copy of the bills relatiog to the city, which was, on motion, ordered printed in the minutes, The wing reaolution was offered by Alder- man Monhermer and adopted unanimously :— Resolved, Thut the Clerk of the Common Council be directed to procure for this Board @ copy of the evidence taken before the Assembly Committee on the subject of Street Cleaning. The same Alderman introduced a resolution pro- viding for the printing of one thousand copies of the Laws 0! 1874 relucing to this city jor the use of tne Common Council and departments. Adopted. On motion of Alderman Gtion, Uharies B. Boyle ‘was appointed a City Surveyor. Alderman Morris int.oduced an ordinance to license steamboat runners, which was referred to the Committee on Laws. The “non-resident” oitice-nolding ordinance was again revived, being introducea by Alderman Eq- ward Gilon, Who presented a carefully prepared document providing that no one, not being a cit- izen of the United States or a resident of New York for at least four mont! shall hold office, an to take effect ptember 1. Alderman Gilon stated that on March 26 he intro- duced @ similar ordinance, which His Honor tne Mayor vetoed on the ground that an opportunity should be given to these people to become resi- dents. ‘this, the Alderman aaid, was obviated by giving, four months time, as auggestec by Mayor javemeyer. The ordinance was orde-ed printed and reserred to the Law Vommittee. Mayor Havemeyer transmitted » message with- drawing the nominations of Messrs, George H, Andrews and Henry 5. Howland tor Police Commis- sioners, 88 & recent act of the Legislature nas de- prived the Board of the confirming power. ‘The Message was received and laid over, ‘The following Message was also received from His Honor the Mayo) Maron’s Orrice, Nuw Yorn, May 4, 1874, To rme HONORABLE THE BOARD OF ALDERMEN :— GentLumen—Tbe resolution and relative preamble adopted by your honorable body on the 20th of April lust, in which you exvrezs the opinion as to the ne mty’ of reconstructlug the Board of Police, were pre- sented to and have been duly considered by me. So far as 1am informed, the opinion expressed by you in this resolution is tounded entirely on some proceed- ings before a committee of the last Legislature in reter- ence ta the cleaning of the streets of the city. Of this committee or its proceedings [ have received no official in.ormation. ‘rom the public press of this city I learned the facts that apparently for partisan purposes such a committee had been appointed. The proceedings before the com- mittee, so Jar as 1 could gather, partook too much ot a jolitical caracter tocommand either the contldence or Bite respect of the community. Tam uot fully informed a3 to the action of this com- mittee; 1 have not read or ever seen its olficial proceed- ings, and I am not, theretore, in a position to take any action or express any vpinion upon what the committes May have recommended. Neither the committee nor the Legislature considered these proceedings to be of such importance as to call for auy action on their part or on my part, otherwise they would have reterred the matter w am prohibited by the charter from y any of the executive departments of the city government without furnishing to the, ao- cused a copy of the charges made against him or them Upon which A action is based. Your resolution contains no specification of charges upon which Ican act. It isa mere expression ot opinion ‘ag to matters which, if I am to pasa upon, must, of neces- sity, be investigated by me. If charges are inode by you on this subject, which you are prepared to substantiate, I snall enter on'the iavesti- olay, as the fdcts in my judgment she a. ay, as in my Judgmen: f W. F, HAVEMEYER, ‘The above message being received, on motion of Alderman Monheimer the folowing resolution was adopted by a vote of 7 to 6:— Resolved, That the said communteation be referred to & special committee consisting of Aluermen Uttendorfer, Falconer, Cooper. McUatferty and Gilon to investigate and report what action uid be taken by this Hoard Hee eben se Bact aa 0. Feference to the present Board ot Police. Several other m: from Mayor Havemeyer, vetoing several resolutions in relation to paving and flagging, were received and ordered on file, including one returning the ordinance introduced by Alderman Morris in relation to muzzting dogs, &c., without his approval, eeying that the ordi- nance had mot been advertised five days, as re- quired by the charter, A new ordinance on the same subject was pre- gented. py Alderman Morris and laid over under e rule. Alderman Monheimer offered the following reso- lution, which was adoptea:— aware, I y head Whereas the Legislature, at its recent session, have passed an act entitled “An act to consoli- Gate the government of the city and county of New York. and further to regulate the same;” and ‘whereas grave douby appear to exist relative to the wers and duties of rd of Supervisors apd the Beard of Alderman acting as such Sepervisors, as pro- vided in said bill, which may give rise to much litiga- tion and expense to the city in the future, unless a clear definition and construction is placed upon some of its Provisions as recognized autho! therefore Resolvea, That the Committee on the Law Depart- ment be and they are hereby authorized and directed to investigate the subject and to obtain the opinions ot the Counsel to the Corporation, Messrs. John XK. Purter and John H, straban, upon the full and explicit construction of the powers and duties of the Board under said act. A general order to restrict the Hudson River Raliroad Company from runuing througn Eleventh avenue with passenger and freight trains faster than five miles an hour, and requiring them to send @ person on horseback ‘at least 200 feet in front of such trains to warn people of their ay- pro: Was nezatived by a vote of 8to 5—Alder- men Gilon, Ottendorfer, Van Schaick and it Vatice voting in favor of it. ‘A large number of general orders were adopted and other routine business transacted, after which the Board adjourned until next Thursday at three o'clock P, M. ee eee. GITY AND OOUNTY TREASURY, Comptroller Green reports the following dis- bursements and receipts of the Treasury yester- DISBURSEMENTS. Claims paid—No. of warrants 147, amounting to... $83,528 | Payrolls paid—so. of warrants 226, amo unting to., 25,235 i | Total... RECEIPTS. From taxes of 1873 and intereat............... From arrears of taxes, asseosmeats and inte! From collection o! ssments and interest. rom market rents. From water rents........ From licenses, Mayor's office. From vault permits. ... From tees, 4c., water pi From salea “City Record” (one From rents, licenses, &c., Departme: Parks. te aeons 802 From stenographers tees, Superior Court. 254 From clerks’ tees, peered Court. 256 From tees and fines, District Courts. 1,933 Total. FUNEBAL OF GENBRAL WIUL{AM HALL He. WZ Tarrp Bricans, Finsr Division, N. G. 8, N-¥ New Vouk, May 2, 1674. GRNERAL ORDERS—NO. 8, It is with sincere regret that the General commanding | } Third brigade announces the death of Brigadier General Wiliam Hall, who died at his residence in tnis city, on | Sunday, 3d inst. By request of the family the brigade is | invited to attend the funeral, in citizens’ dress, at the | Church of the Eeszealy, Rest, Fifth avenue and Forty- | finh n o'clock street, at A, M., Wedneada: inst. Generai Hall was connected with the Nati i Goard | joining as a private and filling th interme. | ached the position ot Brigadier ‘igade, which he held until within a jew years of lils death. It is a pleasure, melancholy | though iv be, to his wortn, both to add my testimony asa soldier and citizen, and to assur oft nis irfends most intimately coanected that his virtues will ever be cherished by thoe who cume tn contact with him in the his duties or In accepting his, hospitalittes. Brigadier General J. M. VARIAN. Lieut. Gol, A. A. G. and Chiet of staff. THE DEMENTED DEMOCRATS, ‘To Tue EDITOR oF THR HEuALD:— In your paper of yesterday, in an article headed “Demented Democrats,” you name Thomas Stevens asa confirmed lunatic. This is a mistake. Mr. Stevens is now residing in Greene county, in this State, in tolerable good healtn. I have, with au- other gontiemaa , charE® OF Er, stevens: Dusiness im this city, a 0 speak confidently as im. ¢ HENRY MARSHALL: 301 Bowery. THE OASB OP WILLIAM BARBER. Killed by Falling from a Car. Yesterday morning Coroner Woltman concluded the investigation in the case of the late William Barber, concerning whose death some suspicions | were entertained. Evidence was introduced going | to show that on Sunday evening, the 12th ult., Mr. | Barber was @ enger on car 206 of the Third avenae line, and coming down town attempted to step or jump from the rear platform of the car at ‘Twentieth street. In doing #0 he fell and strack on hia head, thus, probably, iracturing his skull, There was no evidence that deceased wa: ushed by any one, as he gave no occasion fo Roing 80, he Lp perfectly quiet’ and peaceable | while 10 the car, ‘This state ot facts appearing to the satisiaction of the jury they rendered a ver- dict of accidental death and exonerated the rail- road company irom blame. MEETINGS OF THE STATE ASSESSORS. ALbawyr, N. Y., May 4, 1874. The State Assessors have made the following ap- pointments to meet:—In Cayuga county, at Aubarn, May 5; Tompkins county, at Ithaca, May 6; Tioga county, at Oswego, May 7; Chemung county, at Eimira, May 8; Richmond county, at Richmondville, May 12; Suffolk county, at River- head, May 13; Qneens county, at Jamaica, May 14; Kings county, at Brooklyn, ‘tag 16 and 16; Orleans wion, May 19; Niagara county, at ocnpers, May 20; Monroe county, at Rochester, jay 21 and 22; Montgomery county, at Fonee Mer 95; Fulton county, at Johnstown, May 26; ton county, at Sagevilie, May 28, issue those M, SEWARD, | and [did many Itttie avors hat BROOKLYN TREASURY FRAUDS, The Trial ot Cortland A. Sprague. The Defendant Testifying in His Own Beha’f. The trial of ex-Uity Treasurer Cortland A. Sprague was continued yesterday morning in the Brooklyn Court of Sessions. ‘rhe crowd in attend. ance was greater, if possible, than on any of the previous days of the trial, and an increased in- terest was manifested m the case. Mr. Sprague ‘was in attendance before the proceedings opened, and his counsel, Mesers. Francis Kernan and D. P. Barnard, soon followed him. Mr. Joshua M. Van Cott appeared tor the prosecution, District Attorney Rodman having withdrawn from the case last Week im consequence of illness, Mr. Rodman, however, was present afew hours in the earlier part of the day, but did not participate in the pro- ceedings, The prosecution having rested their case on Pri- day, and Mr. Barnard having opened the case for the defence, yesterday was devoted to the intro- duction of testimony on behalf o! Mr. Sprague. MR. SPRAGUE ON THE STAND, Mr. Sprague was called to the stand and settled himself for a protracted examination. He gave hie testimony in a gtraightforward manner 4nd witha coolness that surprised many of the spectators. The direct examination was con- ducted by Mr. Barnard, and in the opening part elicited from Mr. Sprague that he (Mr. Sprague) had been in the hardware business for twenty-five years, principally in New York. The present firm of Mulford & Sprague was formed in 1859, and the business was prosperous. His term of office as City Treasurer commenced on January 1, 1869, previous to which time the business of the Treasurer Was transacted in the Nassau Bank. He deter- mined to transact it thereafter at tne Trust Com- Pany’s office, the directors of the company having | Tequested him to do <. Some of the directors were his bondsmen. . He did not know Rodman beiore he was elected, and the appointment of Rodman a3 Deputy Treasurer was suggested by the directors, who employed him as secretary. . What books did you refer to to guide you in per- formauee of your ‘duty? A. The” book of dail balances, a guide to show me on what bau! to draw’ to Keep the bank balances equal; don’t Femember referring to any. other book oF paper signed receipts in Collector's book at my convenience ‘once jn two or three weeks; the Collector called for it once in six months: the receipts wei wgued daily 5 wi man was out of town Mr. Baker, of the ‘Trus Company, attended to the duties of Treasurer; before Hoaman became deputy { allowed him no salary ; it was understood that to have assistance gratis from the clerks of the Trust Company; I wasto pay nothing w clerks; pane xo of the and papers ce the Leng Island ‘clu papers: the safe wa: locked, I supposed, with ar ordinary combination lock; eve Poe Bor unlocked 11 ny were in an m pal 3 Tight Wave had the key. at um ir the ie ican of the Irust private papers, can- heck book; I remem. y, in the Long od Club be see Iman came in while we were tiking dinner and asked me for the key; I asked what he wanted to take out of the box; he said he not want to take anything’ out, but to put someth! those were exciting times, and I can’ or hour of the di was ted 50. aver ashe was sick; e asked me what I thought about it; T said T thought he looked sick; he said he woul! get anus aoe 8 per- mission to go; T spoke of the papers in an took oat papers velonsing to "s estate and he some belonging to i sent for the ey when he cai a from the country; ir. Has one the directors, went with me to the Dox and found a number of second mort Williamantic Railway bot nds, oF ith the ie the ameant ‘was $5,000; T had something to do wi rallroad; when I was sick Mr. Mills and Mr, Rodman came ‘to me and got me to indJot ad note, which aiterwards went to pro ree # railros test; this is all I had to do with the railroad; I looked tor the Cancelled checks and books in my desk. but could not find them; do not know where they are; have not been taken out by my order or with my Knowledge; my private financial business yy, Rod he Trust Company check of October drawn to my order on Jefferson Car stock: I F. money. what I wanted it for, and he Q. Dia you request him to TAKM IT FROM THE OITY FUNDS? A. Positively, I did not. . Did you ever so request him? A. No sir, never. He had collaterals enough to raise that mone: the street? A. More than four times enough; no, I will Rot say that—i will say more than enowt; inever su- gested to him that that money was to be made good by moneys abstracted from the city funds; Idid not know that Iman made that money good by reserving city money irom being deposited. Q. Did you know that the day after the check was made the AG ‘was $1,9% short? A. I did not. When did you first hear anything of that kind? A. gave it to me. A Tong time atter the fuilure of the rust Company: the | 200, Was check shown me, Gated November 5, 18)u, fe It id him for paid by me for Fulton Bank stock; probably t to make the check; ne nad collai rawed the sum; do not remember tellin, rections to make it g Know thatit was made good by the retention of $8,2). of the city tunds; did not know ere were $3,200 short that day; first learned it after the tatlure of the Trust Company; have known Jacob B. Murray twenty-five years; the check shown me dated October 14, 1870, drawn to my order, and indorsed by me to Murray, was issued by the Trust Company through Mr. Rodman as a loan; 1 HAD NO INTEREST IN THE LOAN; I did it for Mr. Murray and the Trust Company; I have no distinct recollection of the check dated April 5, 1871, $6,00) and indorsed to Murray; I had ; 1 was in the habit of Folng to New York in the morning and tae in the middle of the day, in Brooklyn for Mr. Murray and others; I ‘unders‘ood that the loan was from the ‘trust Company to. Yih 8 1 had no interestin the mat- ir other than as a friend of Mr. Murray's. id you know that the money that went to ood was city money? A. I did not; Rodman ‘in a language thai the ‘money to. make these ‘cheo ‘good be taken out of the city funds; 1 first was to heard of it after the suspension; I cP aot Know that the city accounts were short these amounts; Rodman never | intormed me of it; the first I knew of the Long Island Club note was when Mr. Lowber asked me to indorse it; I did not know it was to be cashed by city moneys; I ut derstood the Trust Company was to give the money ot it; T had no idea that the monev to be pai? the club city money; I did not know that on the léth of January, 1871, the city credits were $10,000 short; never heard of it UU atter the suspension of the Trust Company ; | suc- ceeded Mr. Lowber as Premdent of the club; during the time I was President MR. RODMAN NEVER SPOKE OT THE NOTE at the meetings of the directors; after I indorsed the note I handed it to Judge McCue; he indorsed and Passed it to Mr. Lowber; I next saw the note atter suspen- sion of the Trust Company; did nut know the note was in my ‘securities: thought it was in hands in the rast Company; atter the suspension Mr. Chauncey told me that he had a communication from a New York broker im retercnce to fhe note ; I did not put it in any one’s hands ror collecifon ; when Mr. Rodman stated he Was sick and was Folng away. he guve me the note among other papers and told me to take care of them: Iputit with other papers in an envelope, intending to give to Judge MeOue, but the next day, as Mr. Rodinan did I handed it to him; when man re- ‘the fave me the note a in; ers, pa had for some tits and returned it to the Vomptroller; Rodman also gave me three Williamantic frst inortgage aid note tor for Y' to order of O, A. Sprague, Gated ruary 28, indorsed to order of Ge jail shown); don’ s ber the circumstances regarding this check ; I suppose [ asked Rodman for this money ; he had at that time collat- erais belonging to me, on which the money could have been raised; did not know that the monéy was to be raised out of city funds; did not kno OITY FONDS WERE SHORT ae 50; did not tell Rodman to take the money; never rd that city funds were short that day till alter the suspension ; the Jefferson Car Company rock was in Mr. Rodman’s hands; the check of February 23, 1871, tor jt 94, to my order and indorsed by me and also by Uiey, are, was given by me to Hare as the result of a bus nsaction I undertook for Hare; I went to ny and had a note discounted for him is chook ; I had + pecuniary interest in @ friend. of mine; I did not ‘intimate to it the note was to discounted with, the citv; did not know the amount of check was made good by the city of brooklyn ; funds short that amount: x Of,{8. ull atter nsion of ‘Trust Com jare note Tor han reter to; | handed hy lated I saw the note again In October or Novempe ted: Hare was a hardware. merchant re in St Paul, Minn.. inquiry of Mr. et John jorser, and learned where he was; Hare went into bankruptcy, and stated that his ers had gone into the hands of an sesignee ; Hooked through all bis papers and found er going through all oks as we the last ledger we found the note in the cloth cover, 6 book; when I was indicted I did not Know wha? the transaction was in the matter of the check of 93; when I the note discounted I did hot tel man I wai to pay a debt to Hare or nd had no Crag A dU in: I was not jebt; he wasin my debt Seneraliy) T did not iM to taxe it out of city funds; I understood it Company; the Fulton stock i gene g rainy 5 brought about by Rodman y coal not loan any more money on whiskey RODMAN'S USING MY COLLATRRA! e 4 fodina r, after in New Ttound him tot ; of was Bank ‘ing Lid TRR ALS; Taine or not; ‘Revar “ouer ragee meeS TS ge NS ET low po tn ay was to a ir cuinen aa rigage made which 1 wished th deposit tn Ga ners atinat me ir. Cullen was acting’ hat coc ior, ths no pany ; 1 the mortgi as that ihe $4 61 Bd were taken of city tunds; Mr. Rodman hi Y Of e ten a , ott: aap ‘of imiue sufficient to raise ten up the sum of tri a had them : I di understand he ‘was to make te MR, races 1H aan, fe yporumne was examined also in reference to the disoosition of his property in order to make ls that would have | in No. | of Port | id #0, and got | | estimates, 3 the amount of the aeficiency to the «ity. over all his property, ne said, ved his house of the furniture, which was con- into cash. During this recital the witness © Ww Borved-to be filled with tears,” “ich were ob- Mr. ined at length, but ve frag eroesexsail Gid not shake the testimony as given in the direct, Pending the examination the court y urmed until ten A. M. to-day.” {°Ur o'clook, adjor THE NEWARK RING TRIALS, How $121,000 Was Signed into Contrac- tors’ Pockets—Important Testimony by the City Surveyor. . The Newark Ring trials were continued yesterday, and the day was spent without closing tne testi- mony for the defence. The first witness called was General Wright, of Orange, who swore he had been contractor for sixteen years and had laid from fifteen to twenty miles of Telford pavement. He had generally used some dirt in the Orange jobs; in one street—Myrtle avenue—he did not use it, at the request of the chairman of the Street Committee of the East Orange Town, Council, which oficer lived on the street. In small quantities it was a benefit, but more inch, 0 as to be when rolled a@ bali a pins Of dirt in the top layers it would nos a Telfo1 THE CITY SURVEYOR ON THR STAND. This witness, Mr. Gustay Lehibach, swore lived twenty years in Newark, and bad years been a ‘civil engineer. He sig e e lor the work on Springfield do with superintending the work, except sign! Pais duty was to make out and estimates. On cross-examms- tion by the Attorney General tnis witness made some very important admissions. Under the present system of government in the city he swore the Otty Surveyor did not know whether a contract was completed or not, but yet he was called upon to sign the final estimates. As is the Springtield avenue pavement business, he con- fessed that he had made no measurement of the peer ay to see if it was sixteen inches deep; ad no knowledge of what materials were used im it or what not, but yet certified that ONE HUNDRED AND TWENTY-ONE THOUSAND DOLLARS WAS DUE THE CONTRACTOR, own pessoa ‘ sign the final ‘and although he did not know of his OOS) whether such a sum was due them, admitted that under a ratiroad contract he woul compel the contractor to abide by its express! terms and make @ perfect job, bat he would not ask a city comtractor to do any extra work for which he would not get paid. Regarding the Magnolia Swamp the witness said, in effect, that the contractors must have known 1t existed beiore they took the Springleid avenue job He rather surprised the Court, counsel and everyboay by insisting upon the stand to read from the city ordinances the laws governing the office of City Surveyor, in order to show that he was not responsible {for the manner. in which work was done. While explaining the! depth and nature of Magnolia haben = the Court! requested the counsel to explain their views of the relevancy of the testimony, After further, argument by counsel the Court decided that the State’s line of examination was correct. “If,!? sald tne Court, “this was a civil case the contractor could not be held itable if the city authorities, superintended it. If it can be shown that there, was Mclent departure trom the contract to epiioe of fraud, then the criminal case holds good until disproved. The intent of this, Case is that there was a sufMictent deviation fronr the contract to show a conspiracy among those interested in carrying out the contract.” The Court soon after adjourned til! to-day. BROOKLYN BUILDING CATASTROPHE. The Inquest Before Coro- ner Whitehill. THE CAUSE OF THE ACCIDENT. Yesterday afternoon Coroner Whitehill resumed the inquest, which was commenced last Monday week, touching the causes that led to the fall of the three story and attic frame butiding No. 140 Stockton street, on Friday, April 17, burymg several men in the ruins and killing three me- chantos. President Frederick Massey, of the Board of Fire Commissioners and Inspector of Buildings, will prosecute the owner and the builder of tne baila- ing in question for erecting the structure without @ permit. The penalty, in event of conviction, is $500 fine. OPINION OF EXPERTS, The first witness examined was John Hayse, who resides in Stockton street, near Marcy avenue, and is @ carpenter of thirty-five years’ experience. He testified tuat he lived nearly oppostte the house that fell, but never noticed anything particular about the alterations while the work was going on; he said he thought trom what he saw aiter the building fell that the accident was caused by the moisture in the cellar; the ground being packed very high on the west side tt caused a strain on the brick Wall, which would havea tendency to sMmk the building in the centre; the earth was piled three or four feet above the brick wall Of the foundation; witness had seen walls give way from the same cuuse upon other _ occasions; had the eight-inch wail been dry belore the superstructure had been lowered upon it, the wall would have been strong enough, in his judgment; it is always dangerous to pack dirt against a wall until the latcer has be- come perfectly dry; it would not be safe to cut tne beams of @ house and lower them into nicues en an eight-inch wall without first anchoring the wall; witiess never saw such @ thing done, as it would certainly weaken the wall. Nathias Hulsehart testified that he is a carpenter and builder and worked on the building in Stock- ton strect at the time it fell; he was employed by Moses + Osborne, who was kilied in the building; witness was on the je lor floor running the _ sitdii doors = at the time of the accident; nothing occurred to give any premonition of danger belore the a0- cident, during the twelve days preceding that he worked there; so iar asthe carpenter work and alterations in the structure were concerned he saw nothing done that was improper; think that when the ruin is cleared ont it will be found that the stone wall foundation on the east side gave way; the eight tach wall of brick was sufficient, in the opinion Of witness, to support the superstruc- ture, and that it was safe to cut out the beams on the first foor and lower them on brick; the walls were anchored; the sills were secured to the beams; did not teil Mr. Brown that it was the CUTTING OF THE SILL AND BEAMS AWAY that caused the house to sall, though it might have had @ tendency that way; if the foundation gave way of course the anchors would pull loose; wit- ness cut the sill nimself, and the structure ieil about nine 4: ter. George W. ods, residing at No. 776 Gates avenue, testi! that be is a house mover, and the building that fell; had taken the timbers out about a month before it fell; had moved and raised to take out portions o! the brick wall so as to get the timbers out, but the spaces made were filled (1 , 1188 00D a8 possible thereafter; did not like to see the beams cut out on the first Noor, and told the owner it would weaken the building, to which he rejoined, “He was going to anchor 1t good.” THR NEGLECTRD WARNING. John E. Walker, @ boy who was working as pluaber's helper in the building the day it sell, ves- tuted he was in the cellar with @ laborer, when.the latter said to him, “See that wall, there; it is peeling off. It looks as it it was in ne 1) He fee toward the side near. Mi ‘8 looked and saw it as stated, and called Mr. the plumber, down stairs; ne said he did not thin! {udangerous, but would go up stairs and ask the boss, Mr. Osborne; witness next heurd something si pees cracking, that was about five min- utes aiter Byrnes ieit, and ran vo the sec. ond floor and told Osborne and res (both deceased) that the building was in; “You darned {ool get down stairs avout. your business; there 1s no such thing,” replied Mr. Osborn, and witness went vack to tne cellar; ten minutes’ later the same noises attracted his attention and again he warned the two men who were at that time on the parlor floor; “Come the window way with me,” said the witness, as he Jumped out on the stoop; Osborne and ran down the stairway and were about six feet trom the he ge dha J it fell upon them; the structure seemed to break in the centre and go over against | suserrege pt, the luborer ran out of the cellar thougn. the dirt in the al da yeuben ine eal stone wall in, pi te fhe Ecchi gus hen Hi, e years’ ot that house of Levi tur to he hea Rogan, who is a carpenter of forty- experience and was in oh branch of the work when fell, Was next cafled, The te: Me to the size of th Mr. Osborne and was sorry be had ings given i given his evidence; was on the third foor landing f the buliding wen It fell; some alterations were Made in the plans from the original, upon orders of Mr. Osborne and Mr. Browo; the en were in the alterauion of the positions of the rooms (the specifications were placed in evi ence) ; the pians do not call for the cutting of the beam and eiil, still it did not impair the gy Of the Duilding. {n the opinion of Hogan the building fel! use of a A the plumo- er's rer in the cellar, whio! ve under- mined the foundatiou. ‘he boy was recalled and testified that there was no digging done in tue ceMne’ Inquest was hore adjourned until Wednes aay,