The New York Herald Newspaper, May 7, 1874, Page 3

YN TREASURY FRAUDS, Eighth Day’s Proceedings in the Trial of Cortland A. Sprague. The Summing Up of Counsel—An Inquisitive Jusor—The Court Asserting Its Dignity. Yesterday was devoted to the summing up of counsel in the Sprague cage. Francis Kernan ad- dreased the jury on behalf of the defendant and Joshua M. Van Cott on behalf of the prosecution. ‘The court room was crowded throughout the day. Many prominent members of the bar were present. Ex-County Judge Dikeman and Corporation Coun- wel De Witt were seated beside the presiding Judge, Henry A. Moore, during a portion of the day; County Clerk Herman occupied a seat dl. rectly in front of the beuch ; Comptroller Schroeder @at near the jury box, while Surrogate Veeder Kept in close proximity to the counsel for the de- fence, near the long table assigned to members of ‘the bar. ‘The Court opened at nine o'clock, an hour ear- Mer than usual. Mr. Van Cott said, in accordance ‘with the expressed desire of the Court, he had prepared an abstract of HE COUNTS ON WHICH THE PROSEOUTION RELIED, and he read as follows:—‘‘I rely upon the counts which embrace the appropriations made and paid for the Jefferson Car stock, Fulton Bank stock, Long Island Club loan, the purchase of the Willow street property and the purchase ol the Theatre property. I will mention these counts. There are sixteen in all. The filth and eighth, relating to the Jeflerson Car Company; the nineteenth and twenty-second, relating to the Fulton Bank stock; the twenty-sixth and twenty-ninth, the Long Island Club loan; thirty-second and thirty-fifth, Jefferson Car stock; fifty-third and a{ty-sixch, Wil- low street property; sixty-first, Jefferson Car Company; sixty-third and sixty-sixth, Brooklyn Theatre stock, and the seventieth and seventy- third, Jefferson Car stock. There are two counts In each of the cases, the first in each being for the embczzlement of money. There sre eight trans- actions, described under two counts, with the ex- ception of the 8th of November, 1861, which stands alone, There are fitteen counts, instead of six- teen.” Mr. Kernan then vegan his summing up and Spoke until shortly alter twelve o'clock, when the Court took a recess for an hour, MR, KBRNAN’S SPEECH. He reviewed in detail each financial transaction involved in the case, contending for the guilt and sole responsibility of Rodman, the trusted but faithless deputy, and for the innocence of Mr. Sprague. In concluding Mr, Kernan spoke sub- stantially ag 1ollows:— ‘The defendant comes before you and gives you a plain, straightiorward story. He never heard nor had the slightest suspicion that there was any manipulation of the accounts until after this ex- plosion of the Trust Company. The Trust Com- pany had a right to loan their funds and he applied to them through Mr. Rodman for .lans. The prosecution ciaims that Mr. Sprague should have known of the condition of the accounts; that he should have footed themap. Why, we all trust some one. Ihave trusted clerks to atvend to my accounts, and I Might on the same ground be brought up because of my confidence in a trusted agent introduced to Me by gentlemen of influence. The Trust Company without his authority loaned the Central Bank $55,000. When the bank failed Mr. Mills, who stood high in this city, and who Mr. Sprague thought Would not stoop to do anything wrong, came to him and told him he had got Rodman to loan the money. Mr. Sprague passed this over on the repre- sentation that it should all be made right if he Would not denounce Rodman and turn him out. A hard, suspicious man might have turnea him out, but Sprague was charitable and confiding. Many a merchant has saved many a young man by such reticence, Will you say he is @ thief because he said to Rodman:—"Go sip BO more?” I would rather ym court as the forgiving who “says, “I will pardon my erring than tue hard, uniorgiving man who says, ‘The bo} Who steals a dollar from my tili must go to prison.” i{ Mr, Sprague embezzled he must have takea this Money with felonious intent; but is there any dishonest intent shown in bas | of these transac- tions? What motive had he? He had abuudant Means to raise this money, When If IS EASIER TO BE AN HONEST MAN ia it reasonable to suppose that he would choose a dishonest course? He was not an avaricious man. Wheu his counsel told him he was not liable for the money missing he said that, liabie or not, he would make it good. ‘The Trust Company and Rodman were liavie, and not he, and yet he manded over to the city the house where he lived and ail the property he possessed. Why, do you believe any such man ever turns thief or embezzler? His action in the transfer of his roverty showed he had no Knavish intent from ginning to end. He never had the slightest criminal intent, What is the history of this man ? Tam arguing to you that it is very improbable that he had such intent. He spent his boyhood in Che- mango, in Central New York. He has friends there ‘who watched his rise with pride and who have been bumbled, who have been mortified and grieved at this disgrace. His history is the history ‘of most of our successful men. His first business venture in Pennsylvania tailed. He came to New York, and out of his das paid up the debts of the firm that had failed. Is such a man likely to turn thief? He entered a firm, and by his fatthful- ness and honesty arose to a junior partnership. His record was a model for young men—a record of honesty, integrity and success. His good char- acter for twenty-five years siands up lor him so strongly that no man will believe that he would turn thief and pilier at his time of lite. Why, gen- tlemen, what shield have I if I deal with MEN WHO ARE ROTTEN but the shield of my character? And very rarely ts it that the shaft of malice can pterce the shield of uc a character as Mr. Sprague’s. I ask you to took into this case and say if you can find the least sign of felony im his acts, It he stole $102,000, what did he do with it? When ne came into office, in 1869, he had @ most prosperous business; he had property in stocks and real estate; he subscribed 100,000 ior the Jefferson car stock, but only paid 000 during fis term of office; he traaed in gie and other siocks and variably made money. Now, why is he not as well off as when he began? Because he had confided in this man Rodman. He has not his money myested in government bonds and other roperty with which the pubiic rovber loads Pimbelt when he is preparing to run away. He has transierred all he owns as security to the city. All these things have proved to his counsel that he 18 innocent, as they doubtless prove to you. Why, the prosecution, did he not figure up the bank balances? There were thirteen banks, and the figuring up o/ the deposits was a task that is not go easy as may be supposed. He had confidence (tn his assistant, and confided all to him. How do thieves act? hen he was raising $65,000 Mr, Veeder got him $12,000 more than he wanted. Did be put it in his pocket ? No. He said, “I do not need this—take it back,” and it was returned at once to the lender. The Trust Company ts responsible for it. Though Sprague made it up he was not obliged to. It was not his fault, Now, gentlemen, although things may be sald ingentously against Mr. Sprague that we cannot answer, we rely on you to acquit ham of allcriminal intent. I ask fora verdict tn his favor that be may go outef this court house stripped of his propert , but clothed in his good character, that hia iriends mond have a verdict over which they may rejoice; aud I hope to hear your verdict in my distant home that one 1 regard not only a8 my client, but as my iriend, has been vindi- cated before the the world. ir. Kernan was listened to with deep interest Se OR especially during the reference ler ile. a : Ly M4 ny tncee hours, got . Van Covt apoke for nearly ing over the same transactions in minutia, but deauc- ing diferent arguments, which were most damag- ing to the defendant, In the course of his speec! he said:—In the midsummer ol 1873 the people of Brooklyn were startled with reports that some- thing was wrong in the Brooklyn Trust Company and that josses had occurred in the city treasury. Jnquiries proved these reports to be well founded. it waa found there was a defalcation 01 $148,000 in the ‘Treasurer's accounts, ‘the Grand Jury took upon itself to make an examination, and, tinding default trae, made the indictment on which en, are sitting to-day. The Grand Jury, on investi- ion, discovered the modus operandi between the ‘Treasurer and the depositories. It waa claimed by the defence that on some days there were overdeposits, and that the aggregate of these more than offset the short deposits. But even giving them credit for the overdeposits, there still remained a shortage in the account of han- dreds 0] thousands of dollars, These may not have gone to buy car stock or theatre property, or, in . Sprague’s goodness of heart, may not have been joanetl our to his triends, but'we have proved that the deficit existed. Mr. Sprague himseli on the stand with this balance of $143,000 against him, and Mr. Rodman on the stand to answer any ques- ton that they dared to ask him. But they dured stand not ask, There are but two persons | ‘who know what was done win, these lan satus of money. Yet the defendant’s counsel dared not aek of the grossly abused Rodman, word in Nag ftp of the purposes ior whieh these la sums of money were used, Tbe counsel for defence had the courage to look you in the jace and say that the best defence oR Man Woy lus charagier, yt what mis clerk, one ates to mi his duty but - su Ia not the public be charged dus such dogs as Mr. Sprague, who shrug shoulders and let the shovking frauds tare in progress go unscathed? Judge Morse had held the oMce of City Treasurer for twenty years; he came out with hands clean and white. He performed the duties of the office without a clerk, and turned over every dollar of the RR moneys to his suc- ow comes in Mr. ‘Treasurer Sprague, and there is change of scene. The office ts changed to the Trust Company and for the ease of Mr. eaclerk isappomted, But the Legis- lature was not willing to have two treasurers and @ divided responsibility, The deputy was made a Mere nobody in the presence of the Treasure Mr. Sprague had the appointment of this deputy; he had the selection from aj) the unemployed oung men of the city. Finding Rodman in the Trust Company’s offive, he appointed him without inguiry. t me do him the justice of saying had he inquired up to that time he would have found his character good, and the appointment a justifia- ble one. We have had eulogies of the poor boy, Mr. Sprague; we have had his life traced; and also have we bad Mr. Rodman’s, and In all the rg of trust he has held he has come to the ust Company a8 & Man perfectly pure and re- able, RODMAN’S CHARACTER DEFENDED. Up to the time Mr. Sprague made him deputy he ‘was @ man of perfectly irreproachable character. Mr. Sprague was surrounded by his New York friends and by a perfect cordon of counsel. They have not proved a singie ain on his character before he was appointed by Mr. Spr if Mr. Rodman has proved a wretch so has Mr, Sprague. were unequal to the temptation of handling public money. Their good characters have withered, like a prophet’s gourd, ina night. Ido not object because they do not cali Rodman a saint, but because they rsist in calling Rodman a devil and Sprague a saint. Why, utlemen, the pot must not cali the kettle black. f Mr. Rodman has become a bad man he has be- come so since Mr. Sprague appointed him, and | Mr. Sprague has become a bad man in the same time, too, ‘they say that Rodman’s account tn the Trust Company is short. How this is I do not know. But here is Mr. Rodman’s account kept by himself. There is no concealment—it 18 right under the eye of Mr. Sprague—be owes more money to the Trust Company than he can pay; that 18 all of it, and I defy them to prove anything else against him, Jn conclusion, Mr. Van Cott said that he had no {ll will against Mr. Sprague, of whom he had been so freely speaking; but he had duties to perform, Although Mr. Sprague seemed to have forgotten his oath of office, the jury, who had been sworn to decide this case acco:ding to the evidence, were not to forget theirs; and with this remark he left the case with them, AN INQUISITIVE JUROR, At the conclusion of Mr. Van Cott’s speech Judge Moore stated to the jury that it was optional with them whether they should be charged then or in the morning. He would consult their convenience entirely as to whether the case should go to them then or whether they should return in the morn- ing. The members of the jury had consulted with each other for nearly five minutes, when Judge Moore interrupted them by inquiring Whether they had determined what to do? Mr. Harrison Abbott, a grey-haired gentleman, with a merry twinkle in his eye, arose and said “We don’t appear to agree. Some want to sta: and some want to retire.” Then, leaning forward, With @ contidential air, ne inquired of the Juuge, “How long do you think it will take you to deliver your charge?’ The spectators were convulsed with laughter at this query, and it was several minutes before order was restored. Mr. Abbott looked as if he did not realize that he sald anythi to provoke such an outburst. Judge Moore, always dignified on the bench, appeared sterner than usual, and informed the juror that he would take just so much time to detiver his charge as he thought might be neces- sary. EVIDENTLY, MR. ABBOTT WAS NOT SATISFIED with this reply, for he remarked, “Well, if it takes ea long a8 1t did the lawyers, we won’t get shiough to-night! Can’t you give us some idea of how long it will take you?” (Laughter.) JUDGE MOORE (severely)—No, sir; it is not nec- | essary. If you want this case sent to you to-night, it shall be sent; but if not, then to-morrow morn- ing. ‘ir. Abbott made no further inquiries. After more consultation between the jury, they decided to be charged this morning, and the Court then, bans o'dlock, adjourned to ten o'clock this mora- THE NEWARK RING TRIAL. The Used rapher Throws Up the Sponge. ‘Mr. Herman Lehibach, theoretioal.expert, who was expected to do great things for the defence inthe Newark conspiracy trial, was recalled for continued cross-examination yesterday. On the previous day he had admitted that all he knew of Telford pavements had been acquired from books during the past three or four weeks, and that he had no practical knowl- edge, bat yet declared that he differed with all the authorities he had read regarding the use of dirt in pavements. He thought it was good to use in certain quantities, They thought otherwise. On his re-cross-examination yesterday the Attorney Generai again pliea him with leading questions, the result of which was that by the time he haa left the stand he had been metaphorically “hoist with his own petard.”” The witness bad PREPARED A MAP illustrating @ cross section of the pavement and exnibited this in court, and was asked to compare with it a like map in Parnell’s work on roads, He did so, and rather surprised the Attorney General by modestly remarking that he thought his map was the best, as he showed the interstices as they were in the pavement. Iu Parnell’s the pavement Was represented asa solid body. Parnell and alt the old authors agreed that stone only should be used, and thus, in time, secure a solid pave- ment. The witness said he differed, and thought some dirt would make a better pavement, He admitted that his averages of tne depth of the pavement were not calculated to give the jury a jair and truthful representation of the real average depth. He also admitted that the excavations he made in behalf of the defence had been made with the help of twenty men and a foreman iur- nisned from THE STREET COMMISSIONER'S OFFICE, and that when property Owners rewonstrated with him for not making his excavations nearer the gutters, where there 1s leas depth throughout, he said he was not going to be dictated to by them; he was going to make the excavations where his judgment directed best. In or- ger. to test . Lehibach’s knowledge of works on Telford and other pavements Mr. Gilchrist asked him if he could tell when ar. Teiford wrote his work—whether belore or aiter he had laid paveme..ts, and whether ‘felford pro- ceded Macadam, but the witness was compelled to confess his inability to answer either of these questions, The Attorney General then, seeming to think that the witness Was as Well used up as could be desired by the prosecution, told Lim he could go. The next witness called was Mr. Ber- nard M, Shanley, oue of the three indicted con- tractors. Mr. Shanley corroborated O'Connor's admission that there had been an understanding between them previous to bidding jor the work, O’Connor bade for the pavement ana the Shanleys for tne grading; both, however, were to have equal interests in the whole work. He denied having ever paid a cent to any official or other person for this job or any other one he had ever been engaged ii. He was asked in relation to the agreement of himself and Q’Connor with Colonel Kirtland in Washing- ton; but his counsel ovjected, and the Attorney General did not press the question. He swore that the pavement was apparently as good a8 any other ol ita kind in Essex county, #0 far as he bad seen. The witness gave his answers so rapidly that the court stenographer was unable to follow him, and st last THREW UP THE SPONGR, declaring to the Court that the three weeks’ con- stant wear of the trial had tired him out, and he could not go on any longer. A substitute had to be found. It is but simple truth to say that the stenographer 18 not the only person by a lon; number who is tired of the weary repetition an: rerepetition of the evidence, but It is confdently bh that the case will be orought to a close this ‘week, ALLEGED VIOLATION OF IMPOST LAWS. Action Against a Boston Firm—Their Books and Papers Seized. Boston, Mass., May 6, 1874. In the United States Court to-day the officers of the government entered a suit agninst Jordan, Marsh & Co. for the recovery of $1,000,000, in penal- ties for alleged violations of laws governing the importation of foreign fabrics. The action is one of tort, and writs have been issued against all the members of the copartnership and served upon three. The others will be served directly without doubt. The deciarations are not contailed in the writs, the United States Court having adopted the practice of the State courts, by wich the declara- tion may be made at any time subsequent to the service of the writ. The deciarations when made will be basea upon the results of the examination of the firm's books aud papers seized suine months since. RAILWAY STATIONS BURNED, WyomiNa, Ont., May 6 1874, ‘The Groat Western Ratiway stations and adjoin- dng sheds hore were dgstroy ad by Lire this morning, “Knowing Expert” Completely —_——— Extraordinary Interpretation of the Up—A Tired Out Court Stenog- | ‘Bi | new charter, but without a | Was to secure a reductiou of taxation. New Law—Sweeping Off Heads ot De-~ partments by Wholesale—Excitement Amo: Local Politicians. Some legal luminaries, who are not altogether indifferent to political changes, made a wonderful discovery yesterday afternoon, which, should it turn out true, may prove # valuable boon to the entire community. Unfortunately, however, the strong probability is that the learned limbs of the law have made a mistake. ‘These gentle- men, in reading over the bill known as the “Consolidation act,” passed by the last Legisiature just before its adjourn- ment, profess to discover that, according to the vext, Comptroller Green is legisiated out of office, and that the metropolis is now actually without a Comptroller, and that other old heads of depart- ments are no longer officers of the new municipal- ity which this bili creates. The views of the lawyers—whose interpretation of the Consolida- tion act has at leas¢ the merit of being start- ling, if not plausible—caused quite a rip- of excitement among the local politicians “the third house’ about the City Hall and County Court House when made public. A HEKALD reporter made diligent inquiries, but, though the politicians had them ‘pat,’ he could not trace them to any definite or responsible authority, LIBERAL OPINIONS, They hold that the orst section of the new act provides that the county of New York and tne municipal corporation known as the Mayor, Aldermen and Commonalty of the city of New York shall be one corporate body politic. The same section transfers to this new corporatiun thus created all the rights, property, tuterests, | claims, demands, &c., of the county of New York. ‘The second section provides that this newly con- solidated corporation shall administer the local government of the city as well as of the county in all matters, They hold that according to this section the new corporation has a distinct separate entity from the old body politic and cor- porate, and for all the purposes of government succeeds to the old city and county governments, Now, it is said, the new law contains the provision making laws relating to the city and county of New York, a8 jormerly constituted, applicable to the new corporation, except that by the third seo- tion of the act the Board of Aldermen is vested with the powers of the old Board of Supervisors, subject, however, to the Mayor’s veto, and except that it is provided by the fourth sec- tion that the County Treasurer is made treasurer of the new corporation. On the contrary, however, it 13 claimed that | the act contains no provision whatever for the constitution of executive departments. The ex- ecutive depurtmeats oi the old municipality may hot be wiped out of existence by the old act, but, as the old city corporation, under which they nad practical existence, has, lost tis own entity and power, the old officers are also deprived of ali power and authority. j A OLEAN SWEEP, According to this startling view all the heads of departinents, Green, Van Nort, Delafield Smith, the Police, Health, Fire and Park Commissioner are not officers of the new municipulity create: by the new Jaw, and have no power or authority to act under it, excepting the special exceptions made in the act of the County Treasurer and the Board of Aldermen. This would leave us witha Fee Promin- ent politicians laugh at this interpretation, « CITY ESTIMATES, Comptroller Green bas addressed the following circular to the departments and officers of the city government, viz. :— CIRCULAR NO. 17. City or New Yous, Darantaxnt op Finance, Courzaorxns) Ogrice, jay 6, 1874, Ata meeting of tho Board of Fstimate and ‘Apportion- ment, held on May 2, 18/4, the following resolution was adopted, to wit:— “itesolved, shat the Comptroller be requested to notify the departments and the officers of the clty government | that the Board of Apportionment are, under the late Jaws authorizing a reapportionment of ‘the moneys fur the support of ihe government for 1874, about to make a Rew estate and apportionment of said moneys, and to obtain such information from, said departments’ as will enable this Board to act intelligently ou this subject,” ‘she object 01 the passage of the laws above mentioned fo this end the earnest co-operation of ali the departments and officers of the governmentof the city is desired. ‘The estimate of expenditure for 1874, ade up last November, may be summarized as follows FOR GENERAL PURPOSES, For State taxes.,. $7,673,431 70, For interest on debt 912,613 BG For redemption ot debt. 3796, 202 10 For Fourth avenue improve- ment.... seseens 1,593,767 50 For armories and drill rooms '250,000 ¢O For asylums, reformatories charitabie institutions......... 689,295 00 ——— $41, 127,280 16 FOR CURRENT EXPENSES OF MAINTAINING THE GOVERNMENT. For. general expenses of the COUNLY........ ** vs eceess $1,160,028 83 For department expenses. in- cluding Board of kducation, salaries of District and Colice Courts, aud for printing and advertising, and also special contingencies and judgments. 16,990,757 80 18,091,685 63 Total... . seasons aang 79 Thus showing that of all moneys to be raised by taxation for this year more than fisty per cent are for purposes other than the ordinary expenses of the maintenance of the city government. teffect a ‘The Object of the revision of the estimate is reduction of these expeuses for this year. The bills were introduced in the Legislature on the 10th of February, but were not pussed until the day next preceding the last day of the session. | Jsvery eifort was made to secure action upon them, but they were detuined in the com- iittwees. This delay will. 0! course, Drevent the propor- tionate reduction of expenses for the four months of the year already passed, but every proper moasure should how be taken to eflect a material reduction for the re- mainder of une year. While the departmental expenses are already mach re- duced from what they were under the old system of things, yet room for much improvement and further re- duction’still remains; and in view of the necessity tor such reduction aud to lessen the taxes, I request that | ‘ou will thoroughly re-examine and revise the expendi- fares of your department (or office) and curtail every expense that can properly be dispensed with, whether Jor salaries or supplies. It will be necessary, accordingly, for each department. to make and transmit to the Board of Apportionment a new revised estimate ot its expenses for the yeur 1874, This estimate is to present ina separate item the ex- penses, inciting jabilitiesincurred, of the four montha— January, February, Marcb and April. In this hew estimate the name: of each employe and ted for him should be stated, except in | rs, policemen and firemen, mechan- Where aconsiderabie number of per sons perform simllar duty and receive one rate of com- pensation, the amount may be stated in one item, The object and purposes ot each item of the new esti- mate should be ciearly stated. 'y section 97 of cnapter 335 of the Laws of 1873, the Board of Apportionment has the power and authority to fix “the salaries of all officers paid trom the city treas- ury whose offices now exist, but are not embraced in any department,” and algo, by section 28 of the same act, power ls conferred upon the Board to revise “the num. er and duties of all oiticers and clerks, employes and ordinates inevery department, excent as otherwise ecially provided, with their’ respective salaries, hether now fixed by special laws or otherwise.” ‘The Consolidation act just passed will enable reduc tions to be made in the number and duties of various ott cers, thereby effecting a saving in the amount required | to be appropriated for salaries. | Itis the intention of the Boara to provide adequate ineauis to conduct the government, but it is also its imten- tion to reduce expenses to the lowest minimum practi- cable. Will you please have the estimates contemplated tn the above circular completed and in the hands of the Board of Apportionment on or oefore the 16th instant. Respect: full AN GiEKN, Comptroller. ry ics and labore! LOOAL ASSESSMENTS, A meeting of the Board of Revision and Correc- tion of Assessments was held at three o'clock P.M., at the Comptroller's office, yesterday. The Comptroller presented to the Board the fol- Jowing assessment lists, which had been received | from the Board of Assessors, and, on motion, the same were confirmed, viz. :— ‘Thirty-fourth street, regulating and grading, between Tenth and Lieventh avenues. Sixty-seventh street, reguiating and grading, between Third and Fourth avenues. Basins, southwest ‘ner of Elizabeth aud Grand streets, and Mott and Grand streets. Broome street, sewer, between Mulberry and Mott streets. Fitty-fourth street, East River, extension of sewer. Fifty-ninth street paving, between First and second street, paving, betweon Lexington and venues Fitty-third street, flagging, Seventh avenue to Broad- eS The Comptroller also presented to the Board copies of acts recently passed by the Legislature it relation to the collection and Vacation oi assess- ments, by whith the taxpayera will be saved a large amount of money which would otherwise have been diverted from the Treasury by vacation of assessments upon technical grounds, THE BOARD OF EDUOATION, Appointment of a New Superintendent of French and Germ: Ata meeting of the Board of Education, held yes- terday alternoon, @ communication from Comp- troller Groen, asking for a complete list of all the property leased by the Board, was referred to the Committee on Buildings, A petition was presented by Commissioner Baker, signed “H. M. Duryea, No, 124 East Twenty- sixth street,” asking the expulsion of all the “trys” and ‘‘ologies” from the course of study in the public schools, ana praying for a return to the old and time honored “three R’s''—reading, writ ing and arithmetic. After half an hour's iiscus- sion the petition was referred to the Committee on the Course of Studies, Mr. Baker asked to have the paper returned to him, but was not obliged, and it remains with the committee. The following resolution, offered at the last meeting, came Up lor consideration :— Resolved, That Professor A. J. Schem be, and he is hereby, appointed an Assistant Saperinigndent of Gram, ir schools, a of 4 8 6 Trom the tscday of May, 1874. 1) SHO ‘0 After about one hour’a discussion of the most Famibung character, Wuich parigek ui the Dolloy of the lately anne: Westchester te Ser entisosiat of the penal the possiblities of the future, economy, extravagance, &c., the reso- soother busineas of minor importance were trans- acted and the Board adjourn COMMISSIONERS OF CHARITIES AND COR~ RECTION. A Presentment by the Grand Jury—I=. terview with Commissioner Myer Stern. For several days back it has been rumored that the late Grana Jury of the General Sessions had made aD important presentment about the Com- missioners of Charities and Correction. The au- thorities were reticent on the sudject and inti- mated that, as no indictment had been found, the document could hardly be considered as puvlic property until some action had been taken in the matter. The following copy of the presentment in question having been published a reporter of tne HERALD wus despatched to learn what the Commissioners had to say for themselves :— ‘The People vs. John Doe.—Afer hearing yaa chretally considering the evidence in the case. ‘or the People vs. Jobn Doe, which evidence is duly annexed, the Grand Jury would respectiully present the following summary of their-views in the ‘matter, They find that since the Jat of May 287 the dry goods bought by the Commis. sloners of Charities and Correction have been purchased {m a manner at once wastetul, extravagant, leading di- rectly to corruption, and which, in the interest ot the Fepuration of the Commissioners'as well ay of the city of New York, shouid be at once reformed. }ENJAMIN H. DAY, Foreman. Francis Enpicort, Secretary, Commissioner Stern was found at bis business establisnment in South Fifth avenue by the re- porter, yesterday afternoon, when the folowing conversation ensued, REPORTER—I suppose, Mr. Commissioner, that you have read the presentment of the Grand Jury published in the the papers this evening ? Commissioner SteRN—No; I have not. What does t¢ amount ta? ‘The finding was then handed to Mr. Stern, who seemed to be afforded considerable amusement by its perusal Alter he had Anished it he said:— “Ab, that’s & tine document, I did hear that some ladies had complained that the prisoners were not fornished with butter and eggs enough, or some- thing of that sort; but 1 hadn’t heard anything @bout ary goods.” REPORTER—But is it not a little strange that such a finding should have been made and the commissioners be in ignorance oF it ? Mr. STERN—Well, it may appear strange; but I assure you | had not heard anything about it until jost thismoment. The Commissioners have not Tecelved aby intimation trom any court or the District Attorney, and until you showed it to me I was not aware of its existence. 1 am as much in the dark about it as you are, and it is impossible for me to give you any iniormation, because I have none to give. DEPARTMENT OF OHARITIES AND COR- RECTION, Ata meeting of the Commissioners of Charities and Correction, held yesterday morning, the resig- nation of Dr. Henry E. Eno, as Ophthalmic Surgeon to the Charity Hospital on Blackwell’s Island, was received and accepted. A list of applicants for the vacancy thus created was presented to the Board, with accompanying recommendations. Dr. Sturgis was unanimously elected. The tollowing resolutions were adopted by the Board :— Resolved, That there shall be twenty-five keepers selected trom the present keepers of the Penitentiary and tne rematuder of the keepers be discharged and be ap- pointed as guards, at a salary oi $175 per day tor each oResolvod, Thay tie pay of the river guards be $1 75 per ved, of day tor each day’s ‘actual service, Sal be Commissioner Myer Stern explains the object of the regolutions as passed to be purely economical. There is now a force of forty-five keepers in the Penitentiary, many of whom have the responstbii- ity of having gangs o! men under their charge. Others are nothing more nor jess than sentinels or outposts, as it Were, lt is proposed to reduce te pay of twenty of this latter class from $2 50 per day to $175, thus saving to the city an dnnual expenditure of over $5,000, GITY AND COUNTY TREASURY. Comptroller Green reports the following dis- bursements and receipts of the Treasury yester- day:— DISBURSEMENTS. No. of Warrants. Amount, latms pad. 6 $9,558 Pay rolls pau, 61,Uss ‘Total... $70,597 From taxes of 1873 and interest sessees $17,024 From arrears of taxes, asseasments and interest. 13,117 From collection of amessments, i 1477 | From water rent: 5,087 From market rents, For licenses; Mayor" and fives, ofits For tees District Total... OUR NATIONAL GAME, A Sine Contest Between the Mutual and Baltimore Victorious. From 800 to 1,000 people ‘assembled on the Union Grounds yesterday afternoon to witness the game between the Mutuals and the Baitimoreans. The weather was exceedingly fine until about half-past three, when it began growing cold, and beiore the game was half over all hands were shivering as | though it were December instead of May. Owing to the disabled condition of Sweasy’s hands he did not take part in the game, Manning, late of the Bostons, taking his place. Start has a bad hand and could not play, so Hatfield, who has for some time past been ambitious of first base honors, took Joe’s place, Patterson, the supsti- tute, playing left flela, The contest opened nicely with the Mutuals at the bat and Mr. Dealman, of the Atiantic, acting as umpire. The New Yorkers were quickly disposed of before a run was scored, Dean taking Patterson on the fly and Higham and Carey going out on high foul flys well taken by Deau. Willtams was the first Baltimorean to face Matthews, and alter three futile attempts at the ball, took @ back seat. White (“Warren”), hita remarkably hot grounder to Burdock, who chee it en jally and sent tt over to first base ike a shot. delayed the game several minutes. When it was resumed, Macthews watched his chance to catch White napping on the base and aiter several ineffectual attempts _fin- ally succeeded, Hattield holding the ball nicely each time. No runs were scored this inning. In the second inning Hatfield made a pretty line hit to leit fleld for a base, but was caught on the home base by a throw from White to Snyder, White having made a most wonderful stop ofa hard hit bali from Allison’s bat, While | Remson was at the bat he hit a foul which struck Snyder square on the end of a finger, mashing it all to pieces and compelling Snyder to quit the game. While the Baltimores were at the bat in this inning Hatheld was again hurt, ths time severely, Ryan jumping on his arm while running over fret base, Hatteld at the moment being engaged in endeavoring to gather up a badly turown ball from Burdock. These three accidents delayed the game about twenty minutes. On its again being renewed, after Hatield’s last accident, Pasterson was play- ing first base and Hatfield left field, which post- tions they held to the close and ees in excel- lent style. Williams went bebind the bat for the visitors and Smith, the substitute, played short stop. the Baltimores played a good game under very adverse and trying circumstances, as did also the Mutuals, who finally won by the following score :— MUTUAL. BALTIMORE. Players. = RAB.POA.B, | Players, -B.1B.PO.A.E, Higham, 22 4/0 2 Wiliams, c 1o1é Newon, & 13 12 3 White, 30, Q4a4a0 Patterson, Ib.. 1 2 4 0 0 My ¢, f. 1201 PM a 11320 eiee Hatileld, t 33701 0 o1 Burdock, %b...0 15 2 0 Piag it t olLogood 2400 ooso00 TOL 1v023 1113 81347 8 8 827 615 INN} lt, 2d. BA 8th, Oh. a: ee o ms 0 0 1 15 1 2 0 0 0 ) Mutual, one; Baltimore, none, by error of opponente—Matual, five times; Baltimore, seven times. ‘Tine of game—Two hours and forty minutes, Umpire—Mr. Dehiman, of the Atlantic club, The Hartford and Yale Nines. New Haven, May 6, 1874, ‘The Hartfords defeated the Yale nine in this city to-aay by @ score of 6 to 4, It wasavery fine game, Bostons vs. Athletics. Boston, May 6, 18974, The Bostons to-day defeated the Athletics by a score Of 10 to 4, Base Ball Note. To-day the Baltimore club play the Hartfords, at Hartford, and the Athletics play the Pniladelphia nine in Philadelphia, Pools will be sold on both games, OBITUARY, Charles Jean Lucas. By cable telegram from Paris, under date of yes- terday, 6th inst, we are informed of the death of Charles Jean Lucus, the French political econo- Mist and eminent scientist, wiio enjoyed grart pop. Wiarity among bis countrymen. Clubs—The Now Yorkers 1t went just a trifle high and Hatfield, | misjudging it, caught it square on the pridge of | the nose—one run not counted. This accident | WASHINGTON. Senate Substitute for the House Finance Bill. SOUTH CAROLINA'S NEGLECTED SUFFERING. White Citizens in the Cruel Power of an Inimical Race. WASHINGTON, May 6, 1874. The Senate Substitute for the House Finance Bill—Abolishment of Reserves for the Security of Circulation—Restor- | ation of Gold and Silver. Mr. Sherman, of Ohio, reported the following | from the Senate Finance Committee to-day as a substitute ior the House Currency bill:— Be tt enacted, &¢,, That the act to provide a na- | tonal currency secured by a@ pledge of United States bonds, and to provide tur the circulation and redemption thereol, approved June 3, 1364, Lg red hereaiter known as tue National Bank act o . SECTION 2.—That section 31 of the National Bank act of 1864 be #0 amended that the several associa- tions therein provided for shall not hereaiter be required to keep on hand any amount of money wuatever by reason of the emount of their re- Bpective circulations, but the muneys required by | Said section to be kept at all times on hand shail be determined by the amount of deposits in ali respects a8 provided in the said section, and auy sucd national banking association now organized or hereafter tobe organized ehall keep aud main- tain as a part of its reserve one-fourth part of the coin received by it as interest on bonds of the United States deposited as security for ,circulating notes or government deposits. SEC. 3—That sections 31 and 32 of the said act be amended by requiring that each of the said asso- | Clations shall within Dinety days alter the passage of this act keep its lawful money reserves within its own vaults at the place where its operations Of discount and deposit are carried op, and ail the provisions of the said sections requirtl or per- | mitting any of the said associations to keep any | portion of its lawful money reserves elsewhere | than in its own vaults or 1equiring or permitting the redemption of its circulating notes elsewhere than at its own counter, cXcept aa provided for in this act, are hereby repealed. ‘ Seo. 4—Lhat section 22 of the said act and the several amendments thereto, so fur as they re- strict the amonut of notes for circulation under said acts, be and the same are hereby repeaied, and the proviso in the tirst section of the act ap- proved July 12, 1870, entitied “An act to provide tor the redemption of the three per cent temporary loan certificates, and tor an increase of nutional bank notes,” prohibiting to banks thereafter organized a circulation of over $500,000, and the proviso in the third section of said act limiting the circulation of banks authorized to issue notes redeemable tp gold coin to $1,000,000, and section 6 of said act, relating to the redistribution of $25,000,000 of eee notes, be and the same are hereby repealed; that every associa- tion hereaiter organized shall be subject to and be governed by the rules, restrictions and limitations | aud possess the rights, privileges and functions | now or hereafter to be prescribed by law as to national banking associations, with the same ower to amend, alter and repeal provided by the National Bank act of 1364. SEO. 5.—That every association organized or to be. organized under the provisions of the sald act, aud | of the several acts in amendment thereof, shall at | all times keep and have on deposit iu the Treasury Ol the United States, in lawful money of the United States, a sum equal to five per cent of its circula- tion, to be held and used only lor the redemption Of such circulation ; and when te circulating notes of any such organization or association shaii be presented for redemption in sums of $1,000 or any wultiple thereof to the Treasurer of tue United States, the same shall be redeemed in United States notes. All notes so redeemed shall be charged by the Comptroller of the Currency to the Tespective associations issuing the same, and he shail notify them severally on the tirst day of each month, or oftener at his discretion, of the amount of such redemptions; whereupon each association 80 notified shall forthwith depostt witi the Treas- urer of the United States a sum equal to the amount of tts circulating notes so redeemed; aud all notes of national banks worn, delaced, mu- tiated or otherwise unfit for circulation shall, when received by any Assistant Treasurer or at any designated depository of the Unitea States, be forwarded to the ‘Treasury of the United States for redemption as provided herein, and when such redemptions have been so reimbursed the circulating uotes so re- deemed shall be forwarded to the respective asso- ciations by which they were issued; but if such notes are worn, matilated, defaced or rendered otherwise unfit for use they shall be forwarded to the Comptroller of the Currency and destroyed and replaced as now provided by law; provided that each of said associations shall retmburse to the Treasury the charges for transportation snd the cost of assorting Said notes, and the associations hereafter organized shall also severally reimourse to the ‘Treasury the cost of engraving such plates as shall be ordered by each association respec- tively, and the amount assessed upon each associ: tion shall be in proportion to the circulation re deemed and be charged to the fund on deposit with the Treasurer. Suc. &—That any association organized under | the act of which this is an amendment, desiring to | withdraw its circulating notes in whole or in part, may, upon the deposit of lawiul money with the Treasurer of the United States, in sums of not less | than $9,000, take up the bonds which said associa- tion has on deposit with the Treasurer for the security of suoti circulating notes, which bonds shail be assigned to the bank in the manner specified in the nineteenth section of the act of 1864; and the Outstanding notes of said association, to an amount equal to the legal tender notes deposited, shail be redeemed at the Treasury of the Unived States and destroyed as now provided by iaw; provided that the amount of the bonds on deposit for circulation Shall not be reduced below $30,000, Sec. 7.—The Comptroller of the Currency shall, under such regulations as the Secretary af tbe ‘Treasury may prescribe, cause the charter num- ber of the association to be printed upon all | Lat bank potes which may hercaiter ve issued by him, ‘SEC. 8.—That the entire amount of United States | notes ontstanding and in circulation at any one time shall not exceed tie sum of $382,000,000, and within thirty days after circulating notes to tue | amount of $1,000,000 shall, trom time to time, be | issued to national banking associations. Under this act it shall be the duty of the Secretary ot the Treasury to retire an amount of United States notes eqnal to filty per cent of the circulating notes so issued, which shail be in reductivn of the Maximum amount of $3s2,000,000 Axed by this sec- tion, and such reduction stall conanue until the maximum amountof United States notes outstand- ing shall be $80,000,000; and for that purpose he is | authorized to issue and sell at public sale, atver ten days’ notice of the time and place of sale, a suffi- cient amount of the bonds 01 the United States of the character and description prescribed in this act. DEO. 9,—ihat on and after the 1st day of Janu- ary, 1877, any bolder of United states notes to the } amount of $1,000 or any multiple thereof! may pre- | Sent them tor payment at the ofice o1 the Treas- urer of the United States, or at the office oi the Assistant Treasurer, at the city of New York, and | thereupon the Secretary of the ‘Treasury snallin | | exchange ‘for said notes deliver to such hoider an equal amount of coupon or iegistered bonds of | the United States, im such form ashe may pre- scrive, of denominations of $50 or some multiple of tnat sum, redeemable in cotw of the present staudard value, at the pleasure of the United States, aiter ten years from the date of their issue, and bearing interest, payable quarterly in such Coin, at the rate of five per cent per annum; and the secretary of the Treasury may issue the United States notes so received, or they are cancelled he may issue notes to the same amount, either to purchase bonds or redeem | the public debt at par in com or to meet the cur. | rent payments for the public service, and the said bonds and the interest thereon shail be exempt from the payment of all taxes or duties of the United States, as well as from taxation in any form, by or under State, municipal or iocal au- thority. And the said ponds sbali have set forth and expressed upon their face the above specitied conditions, and shall, with their coupons, ve | bse go at the Treasury ot the United States; provi led, however, that the Secretary of the ‘treasury, in hea of such pon may redeem said notes in the gold coin of the United states. SEC. 10.—That nothing tn this act shail be con- strned to authorize any increase of the principal of the public debt of the United States. Minority Report on the South Carolina Grievances=Prejudice of the Dominant Party Denying Justice to the Op- | pressed. To-day, Mr. Eldridge, from the minority of the Judiciary Committee of the House, submitted a minority report on the condition of affairs in South Carolina, The report dissents entirely from the conclusions of the majority, and is generally con- curred in by the entire minority of the Judiciary Committee. The minority say:— lt is impossible to turn a deaf ear to the sup- plicating wail of 300,000 oppressed and despoiied } citizens oO} that once prosperous and happy state, praying only that inquiry be made into their alleged wroags. We cannot find tn the reproaches of the conduct of the memoraiists.iu the past any reason Or justification for refusing the hearing they now request, Their fidelity to the constitu. tien and laws is now unquestioned, and this piea is made in respectful terms. The report then recites briefly and pointedly the list of grievances complained of, and predi- cates irom them that the charges of the ime. morialists are true. The minority say :— We are aware of the doubts and difficulty in polhting out the precige Clause o! the constitution authorizing intervention, but that protection in all things 18 essential to good gdvernment no one denies, It should never be lost sight of; thay sor | | our pathies of jority, a8 heretofore exhibited, that they ind by right or by wrong some means of relief; the petitioners would not bave been so coldly and Olppantly turned away. It isa mater of the greatest delicacy for the federal government. to interfere to protect part of the peor of the State from the oppressions and misrule of the other. It is conceded that it ought not to be doue for trivial causes; but it is not alight or trivial cage that 300,000 people, all the pro) holders of the great State, are being stripped ana despoiled by usurpation and iraud; that there ought to be power and authority adequate in such emergency to save, all jovers of honesty und good vernment will admit, and it is. @ jun- jamental detect in our system if there be not, in view of the thoughtful wisdom of the authors of our constitution. Are we pre) to render such judgment, tbat our consti! of government is so irreparably detective? The complaint of the memorialists is that the ruters of the people bave usurped the power to tax ~ erty owners, not for legislative RUrpone not support the government of the State, but jor purpose of impoverishing the taxpayers aud riching themselves; for the purpose oi white people down to the level of the negro. i the pretence of the taxing power they are endeayv> oring to distribute property of owners those who have none. 18 this not @ nsurpa- tion by the ralers of the State, against which Stitutional guarantee was intended to pro! It is not the mere abuse of the taxing power, the utter perversion of that power from all legiti- mate objects of taxation. Can there be @ ré- publican form of government where this is done, the main object of the government being the pro- tection of the property of the citizen and the citi- zen tn the enjoyment of his property f’’ The report quotes from Hamilton, Calhoun and other authorities as to constitutional guarantee, and concludes as follows :— In view of the whole case, we cannot hesitate to recommend the appointment of a committee of both houses of Congress, with power and author. ity to go into the State of south Oaroling and iid fully inquire and investigate tO condition of the State ana the charges and complaint of the memoralists. do less we feel we should viulate or neglect a most solemn and imperative duty, The cry of that out- raged and helpiess aud suffering people reached our hearts as well as our understanding. ‘That once prospering and beautiful State is on the verge Of ruin. Stie is indeed already prostrate, A horde otf thieves and robbers worse than any that © ever infected any civilized community on ‘earth have her by the throat and are fast sucking her ineblood. ‘Three hundred thousand of her citizens, descendants of those who fought and won with our fathers the battles of American independence and liberty, are crying to Congress for re for help. They have suffered all that humanity can endure; they have exhausted every resource and are utterly helpless of themselves. ‘To refuse their request is to drive them to despair and ruin. A Dull Day in the Senate—The Proposed Yerritory of Pembina—Limiting Time- wasting Eloquence. In the Senate to-day notice was given by-Mr. Ramsey, of Minnesota, that at the earliest oppor tunity he would .ask the Senate to proceed to the consideration of the bill to provide for the trans- mission of correspondence by telegraph. This im- portant scheme will then, it ts to be pre- sumed, be fully expounded upon. Mr. Boreman, of West Virginia, said that he would ask the Senate at an early day to take action on the bill to establish the Territory of Pembina and to provide for it a temporary government. ‘The bill amenda- tory of the Pension act, relating to the soldiers and sailors of the war of 1812 and to restore to the pension rolis those names which were stricken therefrom in consequence of disioyalty, was expiained to the Senate by Mr. Pratt, of Indiana, It contemplates a new ex penditure of $6,000,000, exclusive of the arrears of unpatad pensions, An _ effort’ to facilitate the transaction of business was began by ~ the introduction of an amendment to the eleventh Tule of the Senate, 80 as to limit debate to ques- tions actually beiore the House. This action would harmonize with that of the House of Representa- tives in xing an earlier hour of meeting. The Senate adjourned at two o’clock, with very little work having been cone, notwithstanding. ¢he growing lateness of the session. The House to Sit an Hour Earlier than Herctofore. ats In the House this morning Mr. Dawes, of Masea- chusetts, withdrew his opposition vo the propesed earlier assembling of Congress, and asked unant- mous consent to move that until otherwise or- dered the House meet daily at eleven o'clock. He explained that this change of his posi+ tion resulted from a realization of the enor- mous pressure of business which was now burdening every moment of the time remaining for the finishing of the session. Mr. Pelham, of Alabama, entered his objection to the motion, and it was then dropped; but subsequently, after the transaction of some other business, he algo with- drew his opposition and the order was made, So there is now a hope of greater expedition inthe disposal of the affairs of the nation. Probable Fortunes of the House Appre~ priation Bill in the Senate, Senator Morrill, of Maine, chairman of the Senate Committee on Appropriations, will report the House Appropriation bill to the Senate to-morrow, if he shall have made as much progress in examin- ing it as he has to-day, having laboriously worked over it for the greater part of the time since he received It, As it stands now he does not think that many of the items in it will meet the entire concurrence of the committee. There will prob- ably, however, be numerous amendments, as the departments which have been cut down are bealeg- ing them for relief. In addition to this, some of the chief clerks, who have heretofore had large pay and soft places, with little or nothing to do, in some ipstancea where they are favorites appear with smirk faces and suppliant tones, entreating Senators to vote so as to restore them to their former repose and emoluments, Those who under- * stand lobbying and who have been maintaining @ masterly state of inactivity while the House had the bill now come to the rescue in working the Senate, which, being a ‘smaller body, more easily admits of their ability to compass the field. Noth- ing, however, is thus far heard from the poor 1,200 clerks who, though having large families, are to be turned out by the reduction in response to the wolf cry of “Economy !” Changes and Viclssitudes in Store for the District of Columbia Rulers. There is every, reason to believe that the appro priations sought for by the District authorities will not be made until the investigation is over anda change is made by Congress in the local govern- ment. This will fall heavily upon those who have Py hypothecated bonds and upon institutions which have made advances, if it does no: cause some of the securities to be sacrificed by the District at the maturity of its obligations, . § “THE STATS CAPITAL The Supply Bill—Activity on the Canales Brakeman Crushed to Death, ALBANY, May 6, 1874, Governor Dix to-day signed the Supply bil, Great activity exists at the Canal Collector's office here. Up to noon to-day et four boats had been locked through Lock ie ahd Wiluam Dowdell, a brakeman on the Rensselaer and Saratoga Railroad, was crushed to death to, day at Cohves, while coupling cars, ABT IN PHILADELPHIA, PHILADELPHIA, May 6, 1876, The cultivated and infuential classes of Paiiae delphia society wero fully represented this even~ ing at @ private view of Edward Dubule’s painte ing, “The Prodigal son,” at Co Chestnut street. Correspondents of York journals, as well as prominent the press in this city, were the public exhibition will terpiece of Deiaroche’s fa very popular in the principal W Chicago it proved especially so, having % there fn a At le day by tour thousand pen conditions rec a3i0ns. ‘The subject, one of such Jamil it in morality, 13 Tea colossal picture, a8 labor finely given in’ a out any ostentatious pi diiterent productions the condition of things now existing in Suuth Garolna the federal goverument ia orimarily re- | equalied lu bievious art ex clearly the path where