The New York Herald Newspaper, May 15, 1874, Page 5

THE COURTS. The Brinckley Divorce Suit—The Question of | Reputation, A NICE LEGAL POINT. Second Trial of Callender, the Bank Examiner. BUSINESS IN THE OTHER COURTS. A Street Sprinkling Contract—Suits Under tie Consolidation Act—Verdict Against the Long Inland Bailrotid Company—Convictions and fentences at General Eessions, THE BRINCKLEY DIVORCE svuIT. The Brinckley divorce trial, still in progress be- fore Judge Van Brunt, holding Supreme Court, Cir- cuit, continues to draw a large and interested eréwa, On the reassembilng of the Court yester- @ay Mra Brinckley put ina prompt appearance. ‘The defendant, however, still absents himself, but hia father is unfatling in his attendance, 3HE ADDITIONAL EVIDENCE—TESTIMONY OF MRS, SARAH LEWIS, The prosecution continued its case by calling as ® witness Mrs. Sarah Lewis, proprietress of the boarding house No, 33 West Thirtieth street. She testified that Mr. and Mrs. Brinckley went to board there soon after their alleged marriage and re- mained there several months; they went by the Dame of Mr. and Mrs. Lawson, and lived together as man and wife; took their meals at the public table and aasociated with the other boarders in the par- jor; Mr. Lawson, the only name by which she knew him, told her that Mrs. Lawson was his wife; on one occasion he went away for a short time, and in the meantime she had changed her servants; he came home late and inquired of the new servant Mrs, Lawson was in; “She is,” answered the servant, ‘but itis too late to see hor, as she has gone to bed;” “But she is my wife,” said Mr. Law- @on; witness heard the conversation and told the servant it was all right, and he went up to his room. MRS. BRINCKLEY RECALLED. Mrs. Brinckley was again called to the witness stand, the object being to allow ner to explain some @1 the statements called out in her cross-exam- ination. Her first explanatiom was how she came to bring the present suit in this city. She said thas alter the termination of the legal proceedings mstituted in Memphis, Tenn., she came here to re- side, and having been advised by counsel uf she could ever come across her husband here she had Detter have a summons served upon him, took this course. Her next explanation had reterence to the assignation nouse story. She said that she | nd her husband, shortly betore their marriage, | had been to a theatre; that they stopped a; a res- taurant subsequentiy; that he drank to excess, | and while under the influence of liquor had the driver of the carriage drive to un assignation house, or what at least he told her aiterwards was | an assignation house; he took her by the arm and — was just leading ber up the steps when she dis- covered it was not her place of residence; she sai’, “This is not my home; he satd, “It is all right, Lizzie; Pll give you $600 if you'll go in with me ;”’ she retused io go in and they re-entered the carriage and were driven tome; he apologized most humbly ior the insult. And, in winding up | the narrative, she said, “1 loved him and I forgave TESTIMONY OF DR. 4. B, MOTT. Dr. Alexander B. Mott was the next witness. He testified that he was called to professionally attend to both Mr. and Mrs, Brinckiey while they boarded at Mrs. Blanchard’s, in Fitteenth street; he had visited Mrs. Brinckley before her marniag ghe introduced him to her husband; they went z the name of Mr. and Mrs. Lawson; they shoo! fands, and Mr. Lawson tuid him to give the best of medical treatment to his wife und do all her case required; subsequently Mr. Lawson told tim that Lawson was his middie name, that his real name was Hugi Lawson brinckley, that they bad been privately marred, but kept the iact conSsaled at present to avoid its becoming known to his father, and thereby exciting his displeasure and disap- Proval; at the proper time he would make their Marriage public. TESTIMONY OF W. P. MONROE. The succeeding witness was Mr. W. P. Monroe, proprietor of the Tappan Zee House at Nyack. His testimony was very brief. He said that Mr. Brinck- | ley, or Mr. Lawson, a8 he then knew him, sent for him to call on bim with @ diagram of the rooms of his hotel, a8 he wished to mike arrangements tor himeel! anu wile to boara there; the plaintuil was Aptroduced by Mr. Lawson as his wile; Mr. Lawson satd he was not well, but his wife would come up and look at the rooms and select such as she thought best suited tor them; they did not come to his hotel, but they subsequently boarded at his mother’s boarding house in Ihirtieth street; he made out the bills, which generally were paid by | Mr. Lawson and sometimes by Mra Lawson; tuey | ‘would not have been allowed to board there if they Bad not been supposed to be married, MRS, BRINKLEY ONCE MORE ON THE STAND, When the last witness had tinisied iis testimony Mrs. Brinkley was called upon to make further ex- pianations regarding the testimony elicited on her crogs-examination. She stated how she came to Tce Saratoga with Mr. George F. Smith. This Mr. itn, She sald, was a brother o1 Judge Henry &. Smitn, of Memphis, who had educated ber, and she looked Upon him almost as a brother. He called | upon her, and, finding her in poor health, invited | ber to go to Saratoga, which sle did, remaining | there three or four days; she had no money, and | George told her not to be worried apout tlie ex- | Bhares, ag his brother would pay them back tu jim. She added that since her husband leit her she had kept as secluded as possible, but detec- tives she heard had been continually on her track in the nope to hunt up some evidence against her. She was asked to tell all the iacts about “the diamoni story,” but, pleading at fatigue, was, by consent of counsel, allowed to postpoue the recital till the time for putting in revutting testi- mony. ‘4 READING DEPOSITIONS, Considerable time was now occupied in reading the testimony of various parties taken de vene esse. The first deposition was that of Mr. E. B, More, @ lawyer, taken at Brosseis, Belgium. ‘He testified that he knew the plaiutif’ a long time belore her alleged marriage With the defendant; | ealled on her after. the marriage and was intro- duced to Mr. Brinkley; she WE be his name as | Mr, Brinkley ; he cougratulated them both on their marriage; Mr. Brinkley suid, “Yes, I have gota nice jittle wife, and I hope you will get as quod a | one ;’’ subsequently Mr. Brinkiey telegraphed him to get rooms jor him and bis wie at Iauch’s, which he did, aud they went there by the names o! Air, end Mra. Uhl The remaining depositions were mainly from hotel keepers and trades people in Memphis, setting jorth that ti Loader ct was | there known as the defendant’s wife. At the Hardwick House Mr. Brinkley was particularly in- aignant at some remarks made tending to convey the impression that she was not bis wile, RAISING AN IMPORTANT LEGAL QUESTION. At this point Mr. Keach, senior counsel for the laintitt, rose and argued the question as to the Jeqauty 0) bringing into the case the matter of previous and general reputation. He said that neral reputation Was not to be considered here, ut simply @ question as to fact. It had been shown that at varioas times and tn various places, extending over 4 long period, the deiendant had lived wit plaintiff as her husband; had acknowl- edged her as hia wife; had registered himeeit under the name of Lawson and she as Brinkley, and at other times had registered himself as Brinkley and she as Lawson, always saying that she was his wile and treating her as sucn; aiso sending letters and despatches to her te various parts of the country under these names, aud that whe obeyed him and his summonses at these various times and places as @ wile obeys her hus- band, while he gave his directions to her as & hus- band does to a wile, What her reputation was in these several periods and what people may havo said about her did not affect the issue, for the reason that each of the parties concerned treated each other as man and wie, For many years this cohabitation had so continued and had lasted witnout any break. If such evidence as this was Dot enough to establish the positive relations under which they lived and that Libri: gl ‘Were man and wile, then he could go no 1urther. Mr. Anthon the counsel of the defendant, rose and said that just ucre he was taken at a disad- vantage by the counsel on the otner side, a8 the counsel, While prstending to argue a point of law, had been prac seni aud partiy summing up his case, while he could not do this, ag his case was not yet before the jury. He hoped he sould have the same privilege hereaiter, Mr. Beach said that he had no intention of in any Way summing up, but that he had endeavored wo keep to the subject under argument, Mr, Anthon went on tosay that a vital matter ‘with tho defence was to bring in testimony as to previous reputation, which was always admissible 1 & case ol this kikd, where mere cohavitation ‘was set My) a8 a prool Of marriage. ‘ne chastity of the plaintif! whetser previous to or during the cohabitation with deiendant was a question which would have much to do with the claim that an un- ceremonial marr: bad taken place. He could show clearly that the character of the plaintit ‘was not what it was clauned to be, and that bere affected her claim to betug the wife of jelendant, bo himself had Put in, pat the ‘as y 90 and betore the isw, tu law @ contract of this kind, even if pplz scknoet on one side, was to Ue taken in the samo spirit as any other contract. Just the same, tn iact, as a es. where one party acknowled being he partner of another Le is so held to The law was even stronger than this, There was o case, (30 New York) he beheved, in which bigamy at one time on the part ‘of the alleged d tt was held that though the husband may have been married to rat wile ht vious to the mairiage to a second, and that the first wife or the legitimate one subsequently dies, the secodd one is the wile without aD; further contract, the original acknowledgmen' on the part of the husband being considered suMoient, The reason of this is thatthe second Wile has no knowledge of the existence of another, and acts in g00d tatta; so that when the first wie dies she bas the saine rights ag if Do other wile did exist. re {¢ another case which touches in the fullest manner upon whe question of previous reputation, aud goes further than he (ttié Judge) ould #9 himsell, Ag the Court of Appeals nadso Secide he Rong ba and by it, Tis was acase ofseduction, in which it would seem that evidence of previous reputation should be t.if ever, where it is decided that previous reputation has nothing to do with the case, not even thongh the ‘woman had beén an inmate of a house of prostisu- tion, This seemed rather strong, but went to show that in no case ia the previous reputation of ‘he woman to be taken into considerauon, Mr. Anthon-—But the cage we are arguing is one of contract. Juige Van Brant—So is the one I speak of one of contract. The case is for seduction under promise of marrage. Mr. Anthon—But this decision of yours is quite at variance ‘with your decisions in a previous.case. dudge Van Brun¢—That is precisely what I told you. The decision of the Court of Appeals, it Strikes me, is @ very strong one, but I am bound to abide and «lecide by it. Mr. Anthon—thken, if Your Honor ts determined to rule according to that decision, | leel it incum- bent upon me to ask that a juror be withdrawn. (Sensation.) Judge Van Brunt—I don’t see how that can helj your case. The deceision is one which Tf am boun: to make, and i cannot allow previous reputaon to come in evidence, Mr.-Anthon—But supposiag I could show in this case that the piaintuf had jived with a hundred men as wife, would that not be admissible? Juage Vau Brunt—in no manuer. This cannot affect the matter of fact in this case whether plain- tif was acknowledged by and lived with defendant aa his wile, Mr. Anthon—I will even go so far as to say that I can show that this plaintiff has lived with the nuin- ber of men I have named as their wife, (Laughter.) Does not that atfect the issue ? Judge Van Bruut—Not in the slightest. Mr. anthon—I expert to the whole of unis, Your Honor. Please note the exception. TESTIMONY OF ORLANDO 1, STEWART, Ex-Assistant District Attorney Stewart was then called to tle stand, He testified that ne nad heard from parties of the mghest respectability that the plaintuf and defendant were marriea and that they were recognized as man and wile. It being nearly four o’clock, the day’s proceed- ings terminated here anu an adjournment wok place till Aionday morning. BUSINESS IN THE OTHER COURTS. UNITED STATE3 OIROUIT COURT. The Trial of Charlies Callender. Before Judge Benedict. The second trial of Charles Callender was com- Tenced yesterday in this Court. The defendant is indicted for having, in his capacity of Bank Ex- aminer, accepted a bribe of $76,000 from the Ocean National Bank of this city, to influence his oficial action and report in regard to the affairs and con- dition of that establishment, Mr. William Fullerton and Mr. Dudley Field ap- eared as counsel for the defence, and Mr. A. 1, urdy, United States Assistant District Attorney, for the prosecution. - THE JURY. RY. The following gentlemen were sworn as the jury to try the case :— J. R, Russell, J. B. Williams, F. A. Steinly, W. J. Graham, S. R. Manert, Andrew uilsey, C. N. Hawes, W. C, Ammermann, R. R. Carrier, Jeremiaa Deviin, J.R, Hathaway, C. H. Flagg. There were but two peremptory challenges on eact side. fhe jury having been empaneilea, Judge Beve- dict said he would adjourn the Court until tma morning to enavie members of the Bar to attend a funeral, (It was understood that the learned Judge referred to une funeral of Mrs. O’Conor, me ON Mr. Gharles O’Conor, the distinguished lawyer. The Court accordingly adjourned till to-day. SUPREME OOURT—OHAMBERS, A Street Sprinkling Contract. Before Judge Donohue. Thomas N. Gager made a contract for sprinkling Grand street, and to carry out his contract sup- plied himself with norses and carts and sprinkling apparatus. He applied to Commissioner Van Nort for permission to use Croton water, which was re- fused, on the ground that permission had been ven to another party. He Was not satisfied with his result, and through his counsel, Mr. Pollock, applied in this Court yesterday fur a writ ot joe emptory Mandamus, directing Commissioner Van Nort to grant him the permission he had asked jor. Mr. Pollock pressed the tacts recited above as sumMicient reason fur granting the mandamus, Assistant Corporation Couusel Andrews insisted that the appiication had no equitable basis, and that the Comnussioner having already given the privilege of using watery for sprinkling the street named to another, there was no reason why he should revoke such permission, Judge Donohue took the papers. Suits Under the Consolidation Act. In the case of Clarence Levy, who had asked through ex-Judge Cardozo, his counsel, for a per- emptory mandamus against the Comptroller to pay for supplies turnished the county, it was ar- ranged yesterday between counsel and Mr. Adams, the Assistant Counsel to the Corporation, to discontinue avy ‘urther proceedings and take the case before a jury under the Consolidation act. It is probable that such will be the disposition made Ot all similar applications for mandamuses against the Comptrolicr where the money sought 1s for payment 01 claims against the county. An Ulegal Expulsion, Before Judge Lawrence. In Angust last Charles Sassensctieidt was ex- pelled irom the Fresco Painters’ Benevolent and Protective Union. He claims that he was over- come by the heat of the sun and disabled from work, and that such expulsion not only prevented his getting dues to which he was entitled, but prevented his obtaining employment elsewhere. Application was accoraingly made fora peremp- tory Mandamus against the society directing his restoration to membership. In a decision given esterday Judge Lawrence granted the mandamus, Horang that the bylaw uncer which the expulsion took place, and being without notice, was un- reasonable and unjust, inasmuch as it prevented a member betore conviction from a hearing. Decisions. By Judge Donohue. Lonis ys, Grabling.—Motion granted. randum. Eagle vs. Smyth; Leach vs. Barker; Hanover National Bank vs. Greenleve.—Motion denied. Collins vs, Merry,—Granted. Nash vs, Mitchell.—Motion granted. By Judge Lawrence, Cooledge va. Johnson.—Grantea. SUPREME COURT—OIROUIT—PART 1. Verdict Against the Long Island Ralil- road Company. Before Judge Lawrence, Alfred Nelson on the 3d of August last purchased from the Long Island Railroad Company an excur- sion ticket from NeW York to Southampton and return. On the 7th of the month, in returning, he offered the ticket, but the conductor refused to accept it, saying that the time for which it was good had expired. He refused co pay his fare and was cjected from the car, though with no special violence. Alter his’ ejection he offered to pay his fare; but the conductor would not accept it. The result was that he had to walk to Hunter’s Point and lose the for busi- ness in the city. He brougnt suit tor $5,000 dam- ages, and the case came to trial yesterday, An effort Was made Lo show that he Was ejected from the car remote irom any aweiling piace, but the testimony on this point was va! contradictory. ‘The jury brouglit in a verdict of $100 damages, SUPERIOR OOURT—SPEOIAL TERM, Decisions. By Judge Van Vorst. Povle va Berringer.—Report of referee con- red, Conradi vs. Lunten.—Application granted. By Judge Sedgwick. Congregation Shaar Hashmoin vs. Halladay.— Case settied. By Judge Curtis, In the matter &c., of Ogilvie, &c.—Application to vacate assessment for regulating and grading Sixth avenue denied. See opinion, MARINE COURT—OHAMDERS, Decisions, By Chiei Jnstice Shea. Little vs. Smiti,—Demurrer allowed, with costs, No one appearing in opposition, 7 Mennsties. Netionat Conection Company.—Mo- Memo- fi ‘rhe counsel for the plaintiff’ hi dodged the lesue of the noiat by areuing upon the thom denied, wituout Costs. Nanderbarg Vs. Maguire.—Motion granted, with- Murray vs, Otis.—Mosion denied, without costa, MARINE OOURT--PaBT 4 The Imconvenience of Duplicating ® Husband. Before Judge McAdam. Schneider vs, Levison.—Tne plaintiff sued the defendant, a City Murshal, to recover pos session of the fixtures of a lager beer saloon which she claimed to own, taken by the defendant on an execution against her present husband, or their value, $500. It ap- peared on the trial that the property was pur- chased by her with moneys received on an insurance policy on the lie of her first nosband, aud beiore her marriage with the second, who Was & brother of the first. The initials of husband No. 1.were unfortunately identical with those of No, 2, 80 that even @ City Marshal micht be ex- cused for becoming @ little coniwunded. After charge irom the Court as to the rights of married women, the jury rendered @ verdict in favor of plaintht for $500, OOURT OF GENERAL sessions The Loper Arson Case—A Verdict of Guilty of Arson in the Third Degree. Before Judge Sutherlana. ‘The trial of Jonathan P. Loper, charged with arson, was resumed yesterday. Mr. Mott called the accused, who stated that Muxlow’s (the complainant's) statement in almost every partic- ‘ular was false. The accused satd that Muxlow did move his furniture from Astoria to New York, for which he paid him $25; that he did give a bi of eale to Muxlow, so that his (Loper’s) Jandlord could not seize the goods, he having had @ difficulty with him about paying for a pump, The deienaant dented that he ever threatened to set fire to Muxiow's barn, and positively aMirmed that he did not invoke tue atc of Grimes, Kiely and the other young men to commit the crime. Witnesses were called to snow that Muxlow's reputation for truth aud Verney, was nou good, while Chris-. topher Fenn and Henry Meyer, who were calied by District Attorney Rollin<, testified that Muxlow said, after the tire, that Captain Loper, the pris- oner’s father, was ricn, that he expected to get from $10,000 to $20,000 from him, and when he got he money he would give “tne boys a big blow Mr, Mott, In an able address to tne jury, con- tended that this story of Muxiow and the wit- esaea fur the prosecution was gotten up tor the purpose of extorting money from the rich Jather Of the prisoner. District Attorney Rollins followed, arguing with convincing power that the testimony clearly es- tablshed the iact that Loper wiliully and revenge- fully set the stable of Muxlow on ure, Judge Satherland defivered an impartial and | clear charge, Atter some hours of deliberation the jury reudered a verdict of guilty of arson in the thira degree. ‘The prisoner was remanded for sentence. A Noted Young Pickpocket Sent to the Hoase of Refuge. Max Waptcovitch was tried and convicted of larceny [rum the person in stealing, on the 9th of this mouth, @ pocketbook containing $9 from Esther Lipschutz, in Ludlow street. ois young pickpocket was tried last week for a simular crime, Dut the jury was sympathetic and acquitted him, His Honor sent hum to the House of Kelnge. Gussie Beimont, who on the 29th of April stole a silk skirt irom Margaret Vavis, pleaded guilty to petit larceny. She was sent to the Penitentiary lor six months. Alleged Perjury. Late in the afternoon a jury was empanelled to try an indictment against Julius Sarner charging him with perjury, Atter the jury were sworn the | Court adjourned till this morning, } t COURT OF SPECIAL SESSIONS. | Before Judges Smith, Otterbourg and Sherwood. John Herd, the young man who assaulted his old father, and who was brought into this Court on ‘Tuesday last on that charge, returned again yes- terday, having been subjected to a medical exam- | Ibation, the resuit of waich proved him to be sane. On tne strength of this finding the Court sentenced him to two montus in the Penitentiary, | for “inaking things lively,” as he calls it. i Peter ‘iriser was convicted on a charge of break- | ing into Henry Booth’s iquor store and sentenced | to three montha in the Penitentiary. THE TOMBS POLICE GOUET, Belore Judge Fiammer. The seventy-five men arrested in the faro saloon of George Stevens were brought to Court yester- day morning, and Judge Fiammer fined them $3 each, with the exception of one ‘man who told the Court a tie about his name, He was tned $2 for playing jaro and $2 for lying. Stevens, Baker and “puteh Hon” were held iu $1,000 bali each to an- swer at the General sesstons. . ESSEX MARKET POLICE OOUBT. Burglary in Wilictt Street. Belore Judge Kasmire. Daniel Ziegler and David Welsh were arraigned on a charge of burglary preierred by Michael Blaick, o! No. 11934 Wiilett street. On the 19th of April Mr. Blaick’s dwelling was broken open and some $21 in money and a quantity Of clothing and other arttcles carried off. Welsh was identified by George Blaich, the brother of the complainant, ag | the person who came to bim oa the morning of the Durglary and said that ois (blaick's) mother wished to see nim very particularly. Blaick locked up the house and went away. and while he was away the place was entered. Daniel Ziegier was | standing in the hail at tie time. On his examina- | tion Welsh stated that he had notaing to do with | the burgiary, but that Ziegier had senv him with the message to George Blaick, Both men were held in $2,000 bail to answer. JEFFERSON MARKET POLICE OOURT, Anderson’s Slecp. Beiore Judge Morgan. William Anderson, of the steamsnip Canada, went into No. 143 Thompson street Wednesday night, and while there fell asleep in a chair. When he awoke, about five o’ciock inthe morning, ne found himsell despotled of his gold watcn and chain and some gold and silver coins which he had in his pocket. Aaron Hewlett, a colored man, who was 1n the p'ace, told Anderson that Elizabeth Jones, also colored, nad robbed him, When she was ac- cused she handed him back the silver coin, and told him that was all he had about him, and sie took that ior sa/ekeeping. Anderson called tu Ofiicer Quigley, of the Eignth precinct, and had Ehizabeth arrested. Judge Morgan yesterday com- | mitted her to answer in default of $500 bail. Was She Mistaken? On the 6th of May tast Mrs. Mary F. Wagner was riding in & Madison avenue and Broadway stage when her pocket was picked of $88. Yesterday aiternoon Mrs, Wagner was riding up Broadway and she saw @ man named George Sanderson standing ou the corner of Eighth street whom she | Tecognized as the person who sat beside Wer on | the day her pocket was picked, and whotm she felt sure Was the person who did 1}. Mrs. W: er | Jumped out of the stage, called on Ofmicer Van- duzer, of the Broadway squad, oud asked him to arrest Sanderson, ‘The prisoner and the complain- ant appeared before Judge Morgan, at tue avove court. Mrs. Wagner swore that she got in the stage at Twenty-third street and Aroaaway on the 6th of AS and the prisoner go! see Cenk street, He sat by her side and opene pews Paper, spreadivg it over nis and her lap. He rode about eight or ten blocks and then got out. Im- edjately alter his exit she missed her pocket- OKs Judge Morgan said to the complainant, “Are you certain this 18 the man 7”? Mrs. Wagner—Yes, Judge, T am certain, and when J accused him Of tt in tae street he olfered to give me the money, “What have you to say for yourself, Sanderson {” sail the Judge. Sanderson—Your Honor, the lady is entirely mistaken, She never saw me before in her ii¢, nor i never saw her, The reason I offered her the money was that I am employed in a gambling house, and that not being & very reputabie busi- nese ij thought it would go hard with me wuen the jady was so positive. Tam no thies, nor never stole a dollar in my life, and would rather give ner twice the money than be brought up on sucha charge, although I know f am innocent. a Morgan held Sanderson tor @ turtner examination. FIFTY-SEVENTH SIREET POLICE OOUBT, Straw Burning. Before Judge Sherwood. It is. not generally Known, even to persons of in- telligence and respectability, that to burn straw or any other material in the streets is a viola- tion of the corporation ordinances, The conse- quence is that many persons, who would never otherwise commit themselves, have oeen arrested Jor this offence, Yesterday at this Court a young man named John Coulton, who had violated the law ta this respect,+was arraigned, but was dis- | charged oo provid to the satisiaction of the Court that he had committed the offence through ignu- France only. barrens A Young Drunkard, ‘Thomas Mesuer, ailas “Dutch Tom," keeps a dis- tillery in First avenue, between Twenty-second and Twenty-third streets, which is extensively pat. ronized by the young boys of the neighborhood, | and it is no uncommon sight, it is said, to see | } | The Kelsey Mystery—An Kffort to Have | | Jeeling. engendered by 1t nad divided families and ven a8 young as ten and twelve years of ‘at the counter as i they were grown up men. @ result 8 that irequent complaints have been made agamst the place to the poltee, butno abatement of the puisance ha efected: On Wednesday evening an ollicer ot t ighteenth Masterson, aged thir- my em A ines D; stupidly drunk on thi alk, Dear the distillery, and’ took ‘nm to” the station house. He was brought to Court yesterday, and said that “butch Tom” had given him the liquor which had made him drank De ire rrr inet Apart fone & note Of the cage, an ie boy at the o area oe mee y urgent solicitation A Good Thief ‘but a Bad Liar. OMicer Maboney, of the Kighteenth preeinct, arraigued Thomas Mitchell on a charge of stealing $77 worth of wearing apparel trom Theodore J. Malloy’s room, at No, 337 East Twelith street. He Was arrested 10 the street by the officer with the stoien property tn fis possession, and tried to get ous of the trouvle vy saying that a friend of his had given him the arncies. His excuse was not tnought # good one, and he i derauit of bail. y he was beld for trial in } QOUBT OALENDARS—THIS8 DAY. Phi at ier meg nig ey by é serep no 20, G6, 07, 10, 02, 104, 103, 1352, 163 1 181, 231, 277, 278. 280" ba! Bobo? Ads 10S Ae, 18 200, SUPREME CoURT—GengRaL TERM—He! Davis Dontels and Brady.—Nos. 17: 5 116, 17, 18, 19, 180. 181, 61, 62, 155, 24, 29;" 31, 64, 65, 156, 10, 69, 145, 147, 148; 160, 171, 178, 113, 66,'97, 98, 167 4. surat "Cour—uineuit--tary Tela. by r 1—Held by Judge Lawrence—snort Canses.—Nos. 1295, 2301, 270v, 2093, 3233, 3281, 3063, 2871, 3401, 3237, 3443, 3341, 2225, 3261. Part 2—Heid by Judge Van Brunt— Short Causes.—Nos, 2796, 2330, 2290, 2432, 1238, 1202, 2604, 3248, 3260, 2506, 3223, S2t8, 2882, 3242, 3008, 1032, 2716, 2590," 2070, 8048, 2792, 6, 3508, 4188, 3328, 3252, 3323, 3254, 3112, $214, 3182, 3262, 3363, S74, 3080, 1740, 3340. 2384, 2888, 2026, 3406, 3422, Part 3—Held by Judge | Landon—Short causes.—Nos, 3039, 1919, 3093, 2181, 2455, 3445, 3467, 3277, 3457, 3463, 3289, 2165, 3239, $227, 3221, 3313, 3529, 2123, 2960, SUPERIOR Court—tniaL TeRM—Part 1—Heid by Judge Curtis—short causes,—Nos, 1037, 1250, 1446, 2071, 1803, 1672, 1792, 1724, 1780, 1736, 1778, 1770, 1783, 1316, 1819, 1714, 168%, 1533, 1418, 1577, 1639, 1452, 1472, 1440, 1814, Part 2—Held by Judge Spier.—same calendar as part 1, Court OF ComMON PLEAS—TRIAL TERM—Part 1— Heid by Judge Loew.—Nos. 1156, 8683, 8571, 3770, | BO, 2AV9, 4078, 4079, 4050, 3516, 4939, 294, 3627, 1662, CourT OF CoMMON PLEAS—GENERAL TERM— Held by Judges Robinson, Van Brunt and Larre- more.—Nos. 4, 8), 300, 3%, 19, 25, 50, 175, 176, 2. MARINE CountT—TRiAL TeRM—Part 1—Held by Judge Gross.—Nos, 4631, 4282, 4322, 4790, 4878, 4677, 4097, 4249, 4813, 4314, 4320, 4470, 4100, 8346, 788, 4268, | 4726, 4794, 4797, 4800, Part 2—Heli by Judge Joa- chimsen.—Nos, 4604, 3849, 3861, 4586, 4587, 4245, 4599. $897, 3637, 3811, 4095, 4131, 4209, 4142, 4500, 4895, 4896, *| 4807, 4693, 4604. Part 3—Held by Judge Spaulding— } Nos. 1635, 3182, 4765, 5145, 6145, 4447, 3617, 4759, 4771, | 4772, A174, 4175, 4777, 4780, 4731, 4788, 4789, 4791, 4793, Part 4—Helkd by Judge McAdam.—Nos. 4839, 4403, 4612, 4877, 3070, 4675, 4706, 4708, 4709, 4710, 4711, 4714, | 4716, 4717, 4720, 4727, 4732, 4733, 4734, ‘4735, 4730, Part 6—Held by Judge Alker.—Nos, 4516, 4302, 4312, 4416, 1485, 4789, 4743, 4746, 4748, 47A¥, 4750, 4752, 4753, 4756, 4763. RAL SESSIONS—Held by Judge Court OF Gr: jae People vs. Julius Sarnuer, per- ury. COMMISSION OF APPEALS CALENDAR jj ALBANY, N Y., May 14, 1874. The following is the day calendar of the Commis- sion of Appeais ior Friday :—Nos. 106, 117, 118, 132, 86, 114, 133, 154, 135 and 98, The Commission ad- Jjourned till to-morrow, at ten o’clock A. M. \ BROOKLYN COURTS. John Bruck sued the City Ratlroad Company for | $5,000 for the death of bis son, aged five years, | who was ruu over by a cur in Court strect, near Church. The jury yesterday rendered a verdict | Tor plaintiff for $500, Judge Nelison, of the City Court, yesterday re- Nicholas Ansaao tor alleged false imprisonment, jrom $5,000 to $1,300. The case was reported | yesterday. The suit 18 brought to recover $25,000 | damages. v The Judges of the City Court give notice that all | causes set down for trial by jury tor any day of the thira week of May will be called on Monday, the 18th inst. Notes of issue for the May General | Term Calendar should be filed on or belore Satur- day, the i6th inst. SUPREME OOUBT—SPECIAL TERM, | the Place of Banks and Sammi,’ Trial Changed. Before Judge Gilbert. The celebrated Kelsey case was before Judge Giibert yeaterday on a motion of the counsel for George B, Banks and Royal and Rudolph Sammis | fora writ of,certiorarl to remove the record to the Supreme Vourt of this county, with the view the accused has been get down for Monday next, at Riverbead, Suffolk county, and the counsel ex- pressed the opinion that the prejudice against them was go great there that a fair trial could not possibly be obtained. This application was there- fore based on the Fyneplas of common poner Judge Gilbert said tnat he did not think he ought to grant the writ. The District Attorney of Sut- folk county bad not Been nowified thac this app! cation was to be made, and there was a special term of the Court of Oyer and Terminer appointed to try this case. Ur. Brooke, of counsel for the defence, was of the opinion that the Court misapprehended the nature of this application, which was not to change the veaue, but to trangier the record to the Su- | preme Court for the purpose of a motion, to be duly noticed, ior a change of venue. ‘There were two indictments against the petitioners—one for riot and the other for murder in the second de gree. The petitions set up that on November 4, 1872, Charles Kelsey disappeared, and that on August 29, 1873, parts of a human body, supposed to be Kelsey’s, were tound in Queens county. The peutioners and others were alleged to have een concerned in the act by which Kelsey came to hig death, and irom that time up to the present the greatest excitement and prejudice had existed in the county, producing @ universal pre- judgment of the case, The evidence was neces sarily circumstantial, and the prejudice existing naturally extended to the interpretation of it. Local newspapers had been filled with condemna- tion and defamation of the relators. The Court was mistaken in supposing that a Special ‘rerm of the Oyer and Terminer had been sommoned for the trial of the relators, It was simply an ad- journed term, and counsel was notified by Attorney General Barlow tnat other cases would be tried, Mr. Brooke quoted divers authorities to support the application. The Court thought that there was no place in the State where a more intelligent jury could be obtained than tn Suffolk county. Colonel Fellows replied tnat this was generally true; but this was an extraordinary case and the been carried nto churctes and to the ballot box. Juage Gilbert intimated that he would grant the order, provided that it was made returnable at Riverlead next penne Colonel Fellows mil Wy demurred, saying that that would. place them in the position of asking a Judge to remove a case trom his own jurisdiction, Later in the day the Judze announced his de- | cision denying the application, but adding that this decision was without ges havin to an applica- tion pursuant to section 3 of chapter 462 of the Laws Of 1859, or to any other application to the Justice holding the Oyer and Terminer. CITY OOURT—TRIAL TERM. Damages for False Imprisonment. Before Judge Neilson. John Carroll caused the arrest of John B. Fuller op a charge of larceny, tn having taken possesston of a qnantlty of valuable” machinery belonging to him (Carroll), Fuller was locked up for four Boe and then discharged by Justice Elliott, of the Fourth District Court, esterday he sted Carroll to recover $6,000 !or talse imprisonment, The jury gave plaintill $1,500. ME. BEECHER ON GOOD ASSOCIATIONS, {From the Christian Union.} nought tat cone ints ay wind againoe my wiih How can fget rid of them t or sf s You are not guilty on account of anything you cannot control. Evil thoughts follow some prin- ciple ofassociation, some old channel of habit or in- herited predilection. The remedy does not lie ina frantic opposition to them. ‘This only makes the im- pression deeper. Turn your attention away from hem. DO not oppose them so much as neglect them. Above ail, never let one ot tnese cast out devils find the house empty, swept and garnished. Fill your miud with other things, Be careful what ou read, Read abundantly and of the best oks. Anidie brain is the lodging house of evi thoughts, as an unoccupied house gives shelter to tramps and uncleangpeasts, CUBAN RECOGNITION. {From the London Datly News.) Thave good reason to know that a scheme for Cuban recognition really has been entertained at the White House—is entertained stili—and that a determined effort 1s making to get some support Jor it in Congress, Ihave often uasured you that General Grant has a natural fondness ior filibus- tering schemes, and has always cherished the am- bition to do something in the West Indies. Tne eXtension of American supremacy in toe Antilles ig bis one political dream, The purchase of Cuba, the annexation o1 St. Domingo, the settiement ot Samana are the successive projects by which he LEB SHEET. | of applying fora change of venue. The trial of | { | ameudment. He had had occasion at one time in | | BOARD OF SUPERVISORS. ‘War om the Consdlitiation Act—The Mat- | Doimiusior them ede ean, ter To Be Carried Into the Courts—John H. Strahan Appointed Counsel in the Matter—Corporation Counsel Smith Ace cused of Manufacturing Opinions. A speciai session of the Board of Supervisors was held yesterday aiternoon at three o'clock, Acting Mayor 8. B. H. Vance presiding. After the reading of the minutes Recorder Hackett entered the Chamber, on which Supervisor McCafferty moyed that Supervisor Hackett’s name be called and entered on the minutes as present. Recorder Hackett rose to'a question of privilege. He said that without waiting for any lega) opinion he came Wo tis sesgion, being couvinced that sie Board of | Supervisors, created in 1872, continues to exist at this moment, notwithstanding the ‘“Consolida- tion act,” which he deems imoperative. He would not have oeen present at this meeting but that his absence might be construed into bis acquies- cence in that law. Supervisor MONBEIMER offered the following resolutions after a lengthy preamble :— Resolved. That John H. Strahan, Esq., be and he is requested in behalt of this Board te’ commence aud pro- sccute such action or actions ax he may deem proper to resiraln said persons (Willis Biscks.ous, | thomas 1s Tappan, John P. Cammings and Smith #. Shaw) irom y rights or performing any duties which by n this Board, and also (with a view of obtaining anearly adjudication of the question ot the legality ot their appointment) trom performing any of the duties devolving upon the comumisnoners tor te ercetion of compiction of said building. Mr. MONHEIMeEn said that the reason he proposed that this subject be referred to otter counsel than the Corporation Counsel, was that from the lavser the Board could only obtain & manufactured opinion. He favored the idea of gotng directly into court and test tho’ legality of this act thea and there. Supervisor UTTENDURFER,—This Board must as- sume that the Copsolidation act is constitutional until olherwise decided, Supervisor BILLINGS sald that as long as the Cominissioners (whose salanes were xed at $2,500 perannom and & clerk at $5,000) confined themselves to their legitimate duties, their ap- pointinent was of no materi consequence, espe- Cally a3 No Appropriation has been made for the compietion of rhe Court House. He takes great pride tn the building, and would like to see is completed ; but its present copdifion 1s a shame, it being pile Oj rubbish Compared to the beautuul building on the other 8.de@ of the City Hall—the new Post Office. The Court House Commissioners have no control over employés. If the law is con- stitutional the Commissioner of Public Works ha charge ol the employés; 1 DOL, the Board of Super- visors retain supervision over them. Supervisor Cooper understood chat the Corpor- ation Counsel had given an vpiniop, upon which the Mayor made the nomination of these gentie- men. Tein names had been before the Bourd of Aldermen jor a year, but no action was taken | on their confirmation because no appropriation existed, Now these mep are im office and they Want the patronage. An oficer of the government iufuenced the Mayor to withdraw the names of these Commissioners while in the Board of Alder- men and appotnt tiem to office without being con- firmed, By the Consolidation act this same of- ficer thought to cut off the salary of the Supervis- ors anda give it to the Court House Commissioners, Supervisor MONUEIMER caused the letter of the Comptroller, dated June 1, 1872, addressed to the Board of Supervisors, Waerein he recomniends and requests that they ussuiue all the appointments, to be read by the Clerk, Supervisor McCaFFERTY explained his position by stating that under the charter of 1873, which provides jor the appointment of heads of Depart- ments, the Roard of Aldermen had no power to contirm: Court House Commissioners any more than they had to confirm the Conimissioner of Jurors. The Mayor, by witudrawing the names of the Commissioners irom the Aldermen, indulged in sharp practice, Supervisor Van SCHAICK said that on his motion the nomination of the Commissiouers was laid over. 2,600 a year and their clerk at $5,000. He approves of the senti- ment of Supervisur Monheiwer’s resolution. ibe number of employés in the Court House, brown stone building, iali of Reéords ana Civil court iM the Park, some six places, were all under the charge of the Board of Supervisors, While he had not @ gingic appuintee in any of these places, he finds that Mr. Green has @ perfect Mania jor nomimating persons to office. He directed Mr. Redfield, janitor of the Court House, and Mr, McGowan, oi this Board, to hand over the keys of tae Court House aud oMces to the Com- missioners aud furoish the names of the em- plovés, He cannot see how these Commission- ers can delegate avy powers to Comptroller Green. which they GO Lot even pensess, There are at present employed im this butiding about torty- three men and sixty-five scruobing women. These appointmemts belong now to tms Bourd, | of Public Works. } to impeach anybody. su pe | Visor Van Schaick prepared to vote tor impeachin; | tue Mayor—not in this Board, but in the Board of Aldermen? pubuc interest demanded, Supervisor GILON was in favor of referrmg the sobjeet to the Corporation Counsel, who is the legal counsel to this Board, instead of Mr. Strahau, and ojfered that as an amendment, Supervisor VAN SCHAICK was opposed to the hts Ofticlal capacity to reqnest an opimon of the Counsel to the Corporation, upon which he was asked by him “how he wanted tnat ovinion.” He (Mr. Van schaick) was prepared to prove bis assertion. Recorder HackerT—If the remarks of Mr. Van Scnaick are true, und I have no reason to doubt his veracity, it is the daty of this Board—having created tius legal adviser—to undo the same.ut ounce, and ji Mr. Strahan 1s so much superior taen appoint him instead, ‘Supervisor MONUBIMER was even prepared to act on pe suggestion when the proper time would arrive. dupervisor Gilon’s amendment was lost, and Mr. Monheimer’s reso.ution adopted by a vote of 11 to 6—atter which the soard adjourn BOARD OF ALDERMEN, Penitentiary Labor “To Be Contracted Gut—The Board of Estimates Requested to Curtail Appropriations. ment of the Supervisors, President Vance in the chair. Mr. William Laimbeer, President of the Commissioners of Charities and Correction, and Commissioner Meyer Stern were present, Aiter reading and adopting the miuutes of the last Meeting, resolution inquiring by what right obstructing several piers and docks was referred for investigation to the Law Committee, Alderman McCaFFerty offered the following preamble and resolations, which were divided and adopted by a vote of 8, to 7:—In theaafirmative— ty, Monhelmer and Reilly. Falconer, Vance, Gilon, Van Schaick. Whereas the marked imbecility, 1f not corrupt prac- tices, of the present, reform city government has vecn. productive of A iatpely increased assessed valuation of real estate, and i) ya tion O1 @ rate ot (axation jar in excess of any beretofore Kuowu, even in the worst days ot “Ring” rile; and whet it is platnt? &ppafent that iminution will be made in the amounts set apart tor the support of the government during the present y and that no reform looking to @ reduction ip taxa can be expected from the action of the present woa' sorganixe harmonious executive departments, or ganized and managed as they are in the inter: or of currups, inti Negative—Billings, jorris, Uttendorier and for ot th! a meinber of the Board of Ustimate and Apportionment, ity unqualified condemnation of any appropriation of Money fovthe completion of the County Court itoue, In the hope that that monument of wickedness, standing as & reproach to evildvers of the past, may prove « warning to those of the present aid that the position and action of this Board in opposition to the purchase of © Jand and the erection of puildings Fierce for use a5 & prison, and the creation of the Charitable and Cor. ‘uingulssion, secured the defeat of two Infamous schemes conceived, tor the purpose of public plunder, induces the belief that marked opposition to the present ub for completing the County Court House will prevent Its consummacion and thereby save a large unnecessary expenditure of public money and the imposition of ins re ayo ot austucss auugnation there ore sd business ; i the President ot this Board, bs & mem, rd of Keumate and Appornonment, Rey ditected ‘o present to tnat body the sentiments. of this Board in, eersavoe tonne condemnation of any y jon of ney tot ie purpose of completin; appTOprA terurt House, on the ground that suck 1AbOe the SYibe tent toa governinent having the confidence ot copie of this ely, a fae overument thereof, and that any expenditure o money at this time for the purposes of such completion rise, unnecessary, opposed to the interosts of the peaie, aid without tel solieitation and cousent aenolved, That the President of this Board ts requested to cause this preamble and resolutions to be presented and read to the members ot the Board of Esumate and Apportionment. Alderman GILON proposed that all allusion to the Court Mouse be stricken out. ‘There is not 9 tax- payer iu the city Who 18 not disgusted with this subject. ‘Alderiaan MoOarFerty hoped not. His col- league probably resided too lar down town to real- ize the purden of taxation, in the regular order oi business @ communica- tion (rom the Commissioners ot Charities and Cor- rection, dated April 29, reverring to the employ- ment of convict labor by contract, and submitting @ copy Of the proposed contract py Mr. Bigelow tor @ shoe department, transmitted by the Mayor to the Aldermen May 4, was taken up for action. Mr. LAIMBRRM, Leing present, was called upon to has sought to realize this pet iancy, ald to coun. teract what he seems to tedad more than anything | else in the world, vhe spread of Muropeau induence | m the Caribbean Sea. ' length, He said thas he was instructed to acquaint the Board of Aldermen — with the fact that Jabor on Blackwell’s, Ward’s and Rau- The geutiemen are highly respectable, but | duced the bail of lawyer Roe, who is being sued by | their respectability has nothing to do with keep- | { ing them die, and at a.sa:ary of and, if | the Consolidation act 13 legal, to the Comsnissioner | Mr. Van Schaick did not wish 1s0r MONHKIMER (interrupting) —Is Super- ‘Supervisor Van ScratcK—I should do anything’| “09¢i Jan on the part ‘Tho regular session of this Board was held yes- | terday afternoon, immediately on the adjourn- , certain corporations and private individuals are | Cooper, Flanagan, Kehr, Koch, Lysaght, McCaffer- | ot eat parposen, | it, betomes the duty | 19°°B ra fo fecinre, Sprouse ite Presideal nd subject to the action of the | ive his Views on the Subject, which he gave ac | airs Islands witi soon ve exhausted. The Commissiouers of Charities and Correction have loyed the prisouers in building sea walls, out- near furore there ia Provision is nade very ere are now some 400 pri telr charge, of whlch 150 are fetnnicn. ened aoe must be occupied. The manufacture would offer the vest mode of employment, ais ‘den partment now make large purciiases of shoes, most of which are made by female lacor. In the Penitentiary of New Jersey the 550 prisoners are employed, from which the State Treasury derives reat advan’ age. His Board thinks that irom each focor the city num. But an realize at least $50,000 per an- the making Of money ts not the only object to be derived from contracting prison fo the labor. bing bite Moe ; taal. from _— suc! expens e @ day, | his Board have in view the fact tna risoners, having served out their term, on co! Bin into meteora wiil have some rag avocation with waich to secure an honest livell- hood. The Commissioners have had consideratie denvefation on this matter; and, while they pos- sess the legal right to adopt the above course at once, they as a matter of courtesy have ini cy tauis Boara of the project, aud hope to receive the suuction thereof. The subject was referred to the Committee on ) Lands and Places, consisting ot Aldermen Meval- lerty, Rock aie Gilon. anied by. plang, of. a A communication, accom light bridge to be obtccripted from the’ Custom House to connect that buiiding with one rented by the government on Exchange place for occu- puncy by the Naval Otlice, was received irom.G eral Chester A. arthur, Collector of the questing permissivn to hays the same erect ‘The petition was, on wotion of Alderman LINGS, granted. Permission was granted to the corporation ot the Presbyterian church corner of Filth avenue and Fijty-second str-et to extend its abutmentsa beyond the street line, On motion of Alderman BILLINGS the hour of meeting o! this Board Was changed from half-pass tree to twoo'clock P.M. J A large batch of general orders were adopted, among them Alderman Morris’ dog ordinance, pre- Ventag camnes to ruu at large unless properly Mnzzied. The vote on this subject was 12 to 3 The Board then adjourned. THE STREET CLEANING SCANDAL. Alderman Ottendorfer, Chairman of the Com mittee to investivate charges against the Police Commissioners in regard to streét cleaning, hae received the following communication trom slayor H. G. Eastman, of Poughkeepsie, late Cuairman } of the Comanittee on Cities of the Legisiature, be- fore which the investigation was heid;— Povauxnxramm, N. ¥., Mayon's Ovvice, May 15, 1874. Mesars. UtteNvoRrEn, Giitex, Cooren and ¥aLconsm Aidermanie Committee on Street Cleantug :— GeNTLEMEN—I have just read -he proceedings of your last inecting in reteronce to the investivation of” the | Street Cleaning Bureau oi New York by tne Legislative } Committee on Cities, and have also read trom time to time in the New York press various erroneous comments | in regard to that investixation aud report, As Chairman | of the Legisiative Committees that made the investigne tion, it seems proper for me to = { do not believe there ever was & more thorough and honest in- vestigation made, or a committee that earnestly desired and eadeavored to do their duty. city was canvassed tor witnesses and testimony, evidence was invited trom ail parties and quarvers, 7 examinations were open to the reporters and the public, aud nota tine of evidence Wag suppreased. Tne report | was then prepared in accordance with the testimony, dno man or party outside of the committee sue- sted or influenced a line of it No report was ever ‘squeiched,” and that any attempts made to modify or | suppress the real facts influenced the comunttee im-the | least is stamped as talse by the following extracts from ¢ report Second—That the Board of Police, in the man % of this business, has shown a culpable want ot eficianoy and lack of that skill, system and economy which the city has a right to expect trom IL abiic etlicers to whom. snch extended powers, grave doties and Jarge amounts of money are entrusted, and ihat e ma ot mur sy! stro clganing) | as conned by them,,bas been an im- sition upon the people. | Pottherae We believe that the heads of the Mtreet Cléane ing Bureau and many of their subordinates have been negligent and ignorant of their duties and of tne details of this important business and inditferentto the obliga- tions imposed upon them by law in this respect: “sources of revenue improved by former conduc of this business have been neglected, und more or lew of the proceeds applied to private profit, aud in one case, at ‘the city was ‘axed m the improve- At@ loss to the city. ‘also appears.to have been, on the part of many of the minor employes of the bureau, a system ot levy- ing contributions for thelr own private emolumeont upon the citizens, who were already largely taxed to procure the performance of work which was too often neglected, «Taking the above facts, which are tully supported by ‘aking the above facts, the testimony. into consideration, the committee was OrseaL ths control aud execution of ‘this auiportans “Tha! contro) work should be in the hands of an efficient Police Board. jeast, the refuse trom ment of private proper! “there That body necessarily has its patrolmen and re passing through every strcvet several times a day, wig is,, theretore. in @ position to know the condition of the’ | Streets and how the work of cleaning thenr is 88 ing from time to time much Retire than any other organization or body conid do, Moreever, it ai that body to enforce the laws and ordinances wit ence to the improper deposits of substances in the ry “But your commities are convinced that the cl of the ta of New York can oulv be thoroughly ai economically accomplished by a board cou,posed of met YWho recommize their {iratduty to be to the ¢reat was the people, wRo look at it in a sanitary and economi oint of view, which position your committee are torced the conviction the presen: Police Board does not oc- cupy, and any permanent improvement can. expected trom a reorganization ot the Board of Police.” ‘he above extracts from the report, which was unani- | Mously adopted by the committee, are sufficient to stamp ag false and walicious any statement tnat there was any the committee to ‘whitewash’? the Pohce Commissioners or shirk their entire coy jor | their own or partixan purposes. lo not propose t® re- main silent under | such imputations When a com- imittee has performed as Gieparecatie @ duty.as fell to the lot of thi th Ve 0 committee in jal Taher consi C0) opi they are entitled to at least tair treatmen:, and onglt | not to be subjected to misrepresentation. Lhe commit recommended the street cleaning to be lett in the Police Department (with important recommendations) tor the: followmg reasons:— Fird—There were constitutional and other objections to making a new commission. ‘Second—it was thought imexpedient to place im ry charge of ghe Health Department, and that | not want i * Third—Because it was the opinion of Jackson S. Schultz, Thomas C. Acton and other gentlemen uf large | experience in strect cleauinz. who came bevore the eon. mittee to give their views, that an efficient Poliee Board was the only Bow, organization to have control of the execution of the work. The twatimony was prosented to the House and ordered printed the moment itwas re- ceived fromthe stenographer. It was very voltminons, and that printed copies are not now in the hands of the puolic 1s no fauit of the committee. Very respect. | qully yours, H. G. EASTMAN, THE BUREAU OF ENCUMBRANCE?. Mr. E. B. Shafer, Saperintendent of Encum- brances of the Department of Public Works, yes ; terday waited upon Acting Mayor Vance, and pre- sented to him a verbal statement to the effect that the bureau of whicn he is the head, had suspendea operations, a8 jar as removing street and sidewalk | encumbrances are concerned, owing to the Comp- | trojler’s retusat to advance moneys with which to | carry out the law and ordinances, Tae Commise | sioner of Public Works had drawn a warrant on | the Comptroller for $100 for this depart- | Ment, out oO: the $2,500 appropriaicd by, the Board of Estimate and Apporuonment, with. ‘out, making any plea, out refers Mr. Shafer to the Conaty Auditor who sore nothing. | Mr. Shafer has already expended ior his bureaa | over $600 from his private junds, which has now been refunded to him by the Com)tro.ler. | Mr. Vance promised to uve his utmost endeavors | to have this matrer righted and present the suv- | Ject to the Board at its first session. Owing to the lack of iunds, Mr. Shafer is unable to comply with Commissiouer Van Nort’s order te ) Temove signs on trees, hydragts, telegraph poles, &ec. Virtually this important departmeot ip at present at a complete stand still, “QITY TREASURY. — Comptrolier Green reports the following’ dis- | burgements aud receipts of the treasury’ yes- | terday— ' DISBURSEMENTS. No. of Warrante, Ww sian 1,250 | late paid.. Payrolls paid. Rw es of 1873 and Interest, .. rroars of LAXOs assessments and i From collection of assessments and intere From water rents...... From permits to tap w From market rents, &¢ From tees and fines, District From Permit Bureau, Mayor's oMice. From licenses, Mayor's Office. ‘Total, GOPYRIGHT IN CANADA, The Dominion Parliament Agitating im Favor of Canadian Authors. , Orrawa, Can, May 14, 1874 In the House last night Mr. Dymond moved @ resolution for an address to the Governor General | praying him 10 represent to the imperial govern- Ment the desire of the House that the act passed: in 1872 permitting the reprinting o: British copy- right works in Canada under certain conditions And restrictions should revelve the royal assent. | He sketchea the history of the law of copyright a3 it affected Canada, and potnted out the auomaly of advant being granted to American pub- | lisuers whicn were denied to our own couttrymen in the same trade. He illustrated bis re ‘ks by reierence to numerous instances showimg how ; Canadian publishers had suffered and the Cana- dian juste been deprived of cheap current litera. ture, while no subsctantit! benefit accrued irom phe prevent to te original British copyrigns i 0 Mr. Mackenzie, Premior, said that the sabject had been urrouied with didiculges, und while | some British autuors were quite Willing to, assene ! to such Jegisiation as Was embodied in the act of \ 1872 others were vioieatly Opposed to it. The im- ! periai government lad made suggesiiona on tae | periey , bat he (Mr. slackenzie) did vot see any way of meetin ¢, DILL to. the question except by, u which the motion reterred. He Was glad tie subs | sect had been brought jorward and hoped the ae | un of the House wouid prove effectual, | Phe motion Wag then agrced vo, : NEW YORK HERALD, FRIDAY, MAY 1, 1874,—TRIP.