The New York Herald Newspaper, June 10, 1874, Page 5

NEW YORK HERALD, WEDNESDAY, JUNE 10, 1874.-TRIPLE SHEET. wry were wh tem leave the | and if they fail todischarge their duties wilfully | cise of public authority, which wrought no | Mars: Campbell; be only wore s mustache, she T H E C 0 U R T § ion and, aden Weceon of moer “Sues, and ‘ateehionay ry are {iraven in @ | immediate loss to any ‘individual or judicially TH E BON D FORGER I ES. Roberts rose once more. ey ° Assault on an American Seaman in a Foreign Port. Conviction of @ Railroad Conductor in the General Sessions. BUSINESS IN THE OTHER OOURTS. Yesterday, in the United States District Court, before Judge Blatchford, in determining a ques- tyon whether a party had committed acts in fraud pf the Bankruptcy law, the parties to the euit Bgreed to go on with six jurors instead of the prdinary number. The matter in dispute involved about $300. Mr. John E, Kennedy, Chief Deputy in the office of United States Marshal Fisk, of this district, has gone to’Washington for the purpose of represent- ing to the proper authorities there the propriety of mereasing the pay of tne deputy marshals, or bourt oMcers, who receive only the small compen- SBation of $2 a day. The old suit against the city for $4,900, in pay- Ment of forty-nine gold badges furnished several * years since to members of the Common Council, came to trial yeste:day before Judge Van Vorst, holding Suprems Court, Circuit. He dismissed the complaint on the ground that the Common Council had no nghtto order the badges with a view to making the city pay tor them, dnd that there was mo appropriation to cover the expense. UNITED STATES DISTRIOT COURT. Decisions in Admiralty Cases—Action for Damages for Alleged Assault. Before Judge Blatchford. Judge Blatchford has rendered a decision in the ease of Paul J. Backstack vs. Charies A. Banks. The dejendant was mate of the bark John E. Hol- brook, and the libellant sued him to recover dam ages for assault, alleged to tave been committed on him on board that vessel, while she was lying at tne port of Marseilles, France. The libeilant ‘was an ordynary seaman on board the bark. The Judge says:—Ihe libel represents this as a pase of great hardship. It alleges that the respond. ent beat the head of the libellant against the cabin ceiling, and knocked bim down and pulled bis hair and jumped on his back with ‘heavy boots atter he was down, and severely injured him in the head, and cut and severely wounded him, and that the libellant was unable for a long time to periorm his duties. The libellant claims $2,000 damages. Tne oath of the libellant to the foregoing siatement of the libel was ad- mirted by consent as evidence, and he was not ex- amined or cross-examined as a witness. The master’s affidavit was admitted by consent as evi- dence, setting iortn that ne found the libellant Dieeding and his head cut open, and that be was otherwise severely injured and suffering. ‘The Master was not examined or cross-examined. The respondent testifies that, suspecting tne lidel- lant of having stolen two irancs irom his pocket, he accused the libellant while he was seated at tne breaktast table with two other persons and the respondent of having taken the money; thatthe libellant then applied an offeusive epichet to the respondent, and that thereupon the respondent hit the libellant on the ce and he jell over in his chair against B partition. The respondent denies the ouher vio- lence alleged. The evidence of the respondent w sustained by that of one of the other two persons who were at the table. ‘Ihe blow given by the re- spondent was not given in tue course of discip- line or to euiorce obedience to orders or by way of punishment, As tor the opproorious words, the Mate used them first by accusing the libellaut of Btealing. The assault by the respondent was with- out legal excuse. But the iibellant is not shown to have suffered any permanent injury trom it, hor can I conclude on the evidence that it was Berious in its character or consequences. It 1s not Established that the libellant was rendered by it upfitior attending to his duties. I award to the libellant tne sum of $20 and costs. W. R. Beebe bt ate lbellent; R. D. Benedict tor the respond- en! Seaman‘s Wages, In the matter of Charles A, Banks vs. the bark Zohn E. Holorook, her tackle, &c., which wasa elaim for seaman’s wages, Judge Blatchford says:—I think that, under seetion 35 of the Ship- ping, act, the libellant is entitled to double pay ior in days. Under section 61 of the same act, wages due to @ seaman cannot be attached, and a pay- Ment Of wages to a seaman, notwithstanding an sttachment, is valid. Leta decree be entered for the libellaut lor $225 and costs. Benedict, Taft and Benedict for libellant; Beebe, Wilcox and Hobos for claimant. . 8UPBEME COUST—OHAMBERS, Decisions. By Judge Lawrence. Earle vs. Scott; Manhattan Savings Institution ws. Dudge;_in the matter of Hetferen; in the matter of Harper; Consolidation Coal Company ve. Poughkeepsie Eastern Kauroad Company; Hayward vs. Oberman; Aaron vs. Klein.—Memo- randums. McMurray.—Memorandums for _-McMurray vs Counsel. Metzger vs. Liston; Meyer vs. Gebhard; Mctileughiim vs. Dillon; Goodhue vs. Rosenfield; Warren vs. Hunt; Martin vs. Lyon.—Grantea. Batley vs. Stewart.—Motion granted. Memo- Taudum. ‘United States Rifle and Cartridge Company vs. Horey.—Order settled as amended, Elliott vs. Cayuga Lake Ratlpoad Company.— Opinion. SUPREME COURT—SPEOIAL TERM. Decision. By Judge Van Brunt. Hayden vs. Lowether et al.—See memorandum. MARINE OOURT—OHAMBERS, Decisions. By Judge Alker. Graham vs. Keyser.—Motion to BRonted on payment of $10 costs, @ memor- sndu Richardson vs. Pugh.—Motion granted on pay- ment of costs. See memorandum on file. Cohen vs. Hassen et al.—Motion granted, with $10 cosis to abide event. See memorandum on file. Bragton vs. Vou Elleng.— Motion to vacate. Judg- Ment denied, with $10 costs. O’vonnell vs. Spitzer.—Motion granted, with $10 costs. See memorandum. Beckel vs. Hemterant.—Motion to vacate order of arrest denied, with $10 costs. Biemberg vs. Silverberg et al.—Motion to vacate order 01 arrest denied, with $10 costs. Walters vs, Sieadiier.—Motion denied, with $10 cozts of motion. Hezelins vs. Baby.—Motion granted on payment of cosis, See memorandum on papers. ‘ Stedwell vs. soebbler.—Motion to open default granted oD payment of costs. See memorandum On papers. COURT OF GENERAL SESSIONS, & Railroad Conductor Found Guilty of Purchasing a Stolen “Punch.” Before Recorder Hackett. The greater part of yesterday was occupied in the trial of Vernon J, Beil, a conductor on the Seventh Avenue Railroad Company, charged with purchasing a patent punch furnished by railroad companies to conductors to help them 10 rememiber the exact number of fares they col- lect, or to iortify their cousciences in the nour of temptation, ‘Ine testimony jor the prosecution showed that about ten months ago thirty-toree patent punches were stolen from tne oltice of the Atlantic Railroad Company in . ookiyn, and that two weeks since one vi them was Jound in the Tisoner’s possession, He said that he purchased t from a conductor named skinner for the sum of $50, and did not Know that it had been stoien. Mr, Howe, who ably deiended Beli, called a number of withesses to prove his good character. ‘The jury rendered a verdict o: gulity with a recommenda- ton to mercy, He was remanded for sentence, An Acquittal, Mary Crocker, a domestic in the employ ot Mrs, M. Haviland, 573 West Filty-sixth street, was tried upon @ charge of stealing a quantity of silver, wortb $175, on the 20th of May. She was washing if, and leit the house tor a few moments to visit her sister, near by servant discovered that the property was wissing. ‘The accused retuined in fitteeu minutes, and was charged with the Jarceny. As the testiinuny was ouly circumstantial, the évidence sne urnished of her goud character by Mrs. Melick led the jury to render @ veraict o1 not guilty without leaving thelr seals, TOMBS POLIOS COURT, Till Tappers Caught. Belore Judge Flammer, George Horn keeps a lager beer saloon at No. 43 few Chambers street, where all the Fourth and Sixth ward bootblacks congregate to ‘drink beer, The night beiore last these exponents of the “shining” art weut into George’s and tapped his tu The youngsters, who described themselves as James Lindsey, Stephen Brodie and James en defanit | | been called articles purchased in open market. who was | and in the meantime another | they were bronane Btation house, yy ap ared before Judge Flammer yesterday, and were ‘ully committed jor trial. Fond of Cutlery. Joseph H. Murphy, a young man of very respect- able appearance, was brought to court yesterday morning ob @ charge of stealing forty-six pen- knives trom Mr. Fuller, of No. 89 Chambers street. Murphy acknowledged having stolen the pen- knives, which are valued at $97 73, but said he Was possessed vi an ungovernabie desire tu take them. He did pot want to sell the knives, nor had he any use jor them; he just took them because he felt sike it. This kleptomania oiten seizes Mur- phy, and he recovers trom 1t to find himself pos- Sessed of some one’s property. He then throws it away and bappy until he experiences the morbid impulse again. The Court thought the story very interesting, but not sufficiently thick to prevent the prisoner’s incarceration tu await trial. . Probably a Murder. Catharine McNibb was beaten so badly on Mon- day night that she had to be taken to Bellevue Hospital. OMicer Burke yesterday arrested John Brandt on charge of having injured Catharine. When questioned he denied all knowledge of the affair, but Was held withuut ball to await the inju- Ties of Catharine, who 13 at present in the hos. Pital 1 a precarious condition, JEFFERSON MABKET POLIOE OOURT, Breach of Trust. Before Judge Morgan. George Lattier, a young lad, about 19 years of age, was sent by hisemployer, Mr. Aaron Blank, of the firm of Blank & Fee, No. 314 Hudson street, to the Greenwich Bank on the 24 of this month to depusit $50 in cash and acheck on the Bull’s Head Bunk ior $100, Mr, Blank did not see lis young clerk irom that time till the nignt beiore last, when he was arrested by Oficer Eustwood, ot the Twenty-cighth precinct. Lattier coniessed his guilt, said that he had spent the money and had torn up the check. Jadge Morgan heid him for examination. A Family Quarrel. Mrs, Elizabeth Allen, of No. 55v West Twenty- ninth street, made a complaint against her brother-in-law, Thomas McGuire, of felonious assault and battery. Mrs. Allen averred that Thomas came into her house yesterday morning and raised a quarrel about some household matters, abusing wer With ois tongue, and that finally he struck her in the lace with his hand. Mrs. Allen raised a tin milk kettle and struck her brother-in-law over tae head with it, whereupon Thomas McGuire drew @ seven-burrelled revolver and bred two shots, one of the balis grazing Mrs, Allen’s left hand. ‘Thomas McGuire was held in $2,000 bail to answer at Generai Sessions, Potatoes Going Cheap. A man named Adam Hagnan was argested yesterday by Officer Osborn, of the Twentieth precinct, charged by Carlos Kinney, of Flushing, L. L, of steating eleven barrels of potatoes, valued at $2750. Hagnan was brougnt beiore Judge Mor- gan and the complainant made the following statement :—‘e sald he had a quantity of potato-s attoe Harlem Kiver railroad depot, Thirty-third street and kleventh avenue, and he had lost with- in the last week some forty barrels. Yesterday morning two men, one of whom was the risoner, went up there and he, the prisoner, sold tothe second eleven barreis uf potatoes belonging to the complainant. They were placed on a truck he gave chase and Hagnan arrested. answer at General Sessions, OOURT OALENDARS—THIS DAY, SvcreeMe Oovurt—CuamBers—Held by Judge Lawrence.—Nos. 16, 31, 81, 96, 97, 99, 103, 131, 2U7, 209, 214, 216, 222, 223, 224,’ 228, 230, 233, SUPREME COURT—SPECIAL TeKM.—Demurrers— Nos. rag 16. Law and fact.—Nos. 150, 162, 135, 2 He was held to 820, 155, 169, 184, 190, 8, 81, 117, 191, 192, 193, 104, 196, 202, 204, 206, ‘210, 214, 216, 216, 218, 219, 220, 221, 224, 226, 7, 11, 15, 80, 34, 43, 85, 144, 146, 163, 166, 169, 170, 171. SUPREME COURT—CIRCUIT—Part 2—Held by Judge Van Brunt.—Nos, 994, 884, 1278, 28, 3124, 424, 1372, 2556, 842, 1766, 8320, 1163, 1406, 1262, 442, 1344, 1942, 1426, 876,'1848, 6704. Part 3—Held by Judge Van Vorst.—Nos. 2489, 2549, 1745, 3125, 1777, 2921, 447, 7181, 3251, 1681, 1657, 1818, 2533, 1677, 1629, 1729, 611, 943, 1773, 3617. SUPERIOR COURT—TRIAL TERM—Part 1—Held by Judge Freedman.—Case on.—No, 873. Part 2—Held by Judge Monell.—Nos, 844, 424, 924, 914, 996, 1066, 1068, Yo8, 874, 1002, 884, 892, 780, 650. 476. COMMON PLEAS—TRIAL ''ERM—Part 1—Held by Judge Robiusun.—Nos. 2178, 280, 3627, 4205, 4065, 4226, 4048, 4156, 405, 4079, 4042, 4237, 4238, 4268, 4269, 4270, 344, 1805, 2417, 3770, 2388, 2355, 3396, 3404, 866, 1612, 2175, 2550, 1363, 2029, .728, 410, 4193, 4236, 97, 1214, 2477, 1264, Part 2—Held by ances J. F. Daly.— Nos. 2714, 693, 1848, 3003, 78, 2744, 3801, 2668, 2631, 8859, 2750, 1753, 2570, 2571. Term—Part 1—Hel MaRinE CouRT—TRUAL aby Judge Mcdam.—Nos. 4224, 5298, 5299, 5362, sor), 5825, 645434, 965, 1511, 3428, 8384, 4925, 3456, 4009, 4527, 5448, 4970, 1290. Part 2—Held by Judge Gross.— Nos. 4708, 4883, 823, 5098, 5194, 4236, 4355, 3237, 5087, 5117, 4071, 238334, 5291, 5292, 5178, Part 3—Held by Judge Spauldimg.—Nos. 4835, 5117, 3867, 2034, 5022, 5063, nt picid 8965, 5001, 5013. 5218, 5289, 5307, 5370, 5871, 5402, CouRT OF GENERAL SESSIONS.—Adjourned until Monday next. BROOKLYN COURTS. EXTRAORDINARY OYER AND TERMINER. The Frauds on the County—Conviction of Three Commissioners of Charity— The Charge of the Court. Betore Judge Dantels and Associate Judge Voor- bees and Johnson. The District Attorney and the counsel for de- fence having summed up on Monday, Judge Daniels, alter the opening of the Court yesterday morning, proceeded to deliver his charge to the jury. The court room was densely crowaed, JUDGE DANIELS’ CHARGE ‘was a lengtny one, occupying an hour and a halfin delivery. After describing the nature of the charges against the defendants, the Judge con- tinued as tollows:— Now, gentlemen, to come down more particu- larly to this Case, it appears that, beiore the year 1871, the iunctions of the ofice ueld by the defend- | BR ants in this case were held and exercised by the overseers or superintendents of the poor of the county. . These superintendents seem, according to the assumption made during the progress of the trial, to have possessed powers of a discretionary character, su far as the laws were concerned, by which they should supply themselves with what might be necessary in tue discharge o! the duties Ol their office. But in the year 1871 the Legislature seem to liave deemed it advisable to make a cuange in reference to the manner in which the duties of this office had previously been discharged. For that purpose an act was passed in April, 1871, relating explicitly to the defendants, the persons holaing the offices, and who are named in toils indictment. This act seems to have been designed on the part of the Legislature to make some change in the manner in which the duties of the office, so lar as the regutations adopted for supplying themselves with the articles required to be dispensed by taem were concerned. Tie law required that in supply- ing the articies necessary jor use, 80 far as they were Dot perisiunie in their- nature, it should be by contract as distinguished from purchases made, and which, during the progress of this trial, have Now, lor the purpose of carrying out the spirit and lutent of the law, 1t was the duty of cnese officers to advertise for the supply of all such articles u8 were not perishabie in u certain period of time, which may be Jonger or shorter, ac- cording to the discretion oi the Commissioners; that is, 1t was rendered their duty by the pro- visions 01 this act to afford dealers in art cles like these Aner in their departments an opportu. nity ol bidding lor tne contracts. You will see at Once that what was designed to be accomplished by that was to secure to che public the acquisition Ol articles of this character at the cheapest pos sible rates that the ma ket would aflord. Now. gentlemen, it appears by the evidence in this case—und it 18 not necessary to go minutely turough the proofs—that when this act Was passed and became a law—aithough it seems to have been Known to one of tue Commissioners, Mr. terguson, Who liad been in the board since 1865—no attention, according to the evidence of the deiendants, was given to the provisions con- tained in the act; but they continued to go on supplying the departments by coatracts to a cer- lain extent apd by purchases in open market to a certain extent, precisely as their predecessors liad done before this aci had become a law, Now, it has been said in the conse 01 Unis cage that it Would be a great harasuip to require these Commissivners, in view o! the many regulations which nad been imposed upon tiem, to acquaint themselves with the provistons oi all the acts that had been passed, and that it would be impracticable t! not impossibie, But you seé in this case Unat there is certatly NO ROOM FOR ANY OBJECTION OR EXCUSE of that character, because there is but one law ap- parently passed during a series of years affecting these Commissioners, and that was passed in the year 1871 and took edect in the month of April in 1 year. So there wus no laborious research re- quired by the Commissioners ior the purpose of | ascertaining what ievtsiation had been adoped in | nee lo their powers and duues, Li puolic scould be exonerated from respousibiitty, | and erminal responstoility, by reason ol the fact | that they lulied 40 devote any atiention to the laws oi the State, Why, our public olticers, to a very great extent, would prove to pe ENTIRELY USELESS TO THE PUBLIC whicn they represent, There is no h quiring a pubite officer to have a know la This principle of jaw is now embodied in tory provisions and is contained in the gen- Statules of toe State, substantially requiring that public oMicers shall acquire this injormation certainly to @ fair and reasonable extent, so far as | it may be done by reasonable efforts on their part. | , then’ they criminal violation of the law. The law in this re- spect differs slightly from the common jaw. The common law for many years has settled, that if ny public officer wiliully refuses to dischal the duties of his oftice, he is “guilty of misdemeanor,” and ithe misappropriates tne money, he is also guilty. Tne law stood in this way uuder the act O1 1871, aud under the general statutes of theState until the present month, when it seems an act went into effect, taking away a portion of the — of the Commissioners, and vesting tt in the joard of Supervisors, and the count on that act has been relied upon tn part by the delence in this case, in which a repeal of the provisions of the statute has been repealed, and that therelore the deiendants are exouerated trom the cousequence ot their failure to comply with its provisions. When this proposition was first made by the coun- sel for defendants 1t struck me as being entitled vo very great attention, but then | saw that there Was no count in the indictment charg- ing the defendants with crime common law. the charges being entirely predicated upon the Statutury provisions ol 1871. Toe quesiion comes up upon the prvo! as to whe.her the evidence is ol such a character as to satisty your minds that they have violated the duty mmposed upon them by the act of 1871. It is claimed that they have, on the part of the prosecution, that they wiliuily violated this duty, and that a crime has been committed upon their part of a twofeld char- acter. First—T' they have been guiity of en er- ing into a beta hd concern.ng the manner in which they should discharge tbeir duty, and that they afterwards carried it into effect. Secondiy— ‘That they combined to wiliully re‘use and neglect to periorm the duty imposed upon them by the statute o1 1871, and that this wilful reiusal was not cunfined to a sinule transaction but was repeated as set forthin the indictment. The law does not allow the prosecutor to allege a multitude of transactions in the sume count. In this case, with the exception o! the counts ior a conspiracy, the prosectuor is umited in his evidence and claim ior conviction. As to the conspiracy, that is difficult, because THESE PERSONS ENTERED INTO A CRIMINAL OON- SPIRACY at the time they entered upon the duties of their oitice, that they would not advertise, and alter- wards earried it out, or, as the statute defines it, “af two or more persons conspire to commit an offence and then periorm some act in the way of the commission oi this offence, they shail be gutity ota misdemeanor.” Itis not only necessary that there shvuld be a criminal understanding but some act periormed by them jor the purpose of carryihg that agreement ito effect. The question arises whether the prosecution have establisied the guilt of the defendants under the provision of the Statute. Jt is not essential that au officer should be aware of the ewes imposing a duty; all that is necessary is that be shail design and in- tend to periorm the act which the law has made anoffence. But it : IS NECESSARY THAT CRIMINAL INTENT SHALL BE SHOWN} but where the intent is established 60 as to leave ny reasonable doubt that the act is of a criminal character. Hence in this case it is not essential 4n order to see the criminal liability of the derend- ants in this case, that they should have been ac- quainted with the provisions of th act of 1871. he laws of the country cannot be maintained by exonerating public officers any more tuan private individuals ior the commission 0! criminal acts by reason of their ignorance of the law. ‘They are specially required, they are specially assumed to be acquaiuted with the Jaws relative to tneir functions and prescribing thelr duties, that they msy ve able to fultii the obligations which they take upon themselves, lt is assumed that they will dischat the daties which they” assume to tne best of their ability, to the extent which the law imposes upon them, and that contemplates necessarily some effurt on their part to acquaint themselves with the provisions of tne law. ‘So in this case itis not an element in con- sideration whether these men knew oi the pro- visions of the act of 1871 or not, but. the simple question jor your consideration 18 under tne other counts of the indictment charging conspiracy— whether THEY DESIGNED TO COMMIT THE ACT or willally rejused or neglected to do that which the law required them todo. Did the Commisaion- ers wilful y neglect to advertise? li they did then they have violated the provisions of the law and they are guilty, and vo matter whether their guilt may be serious or trifling to the public interest it 1s your duty to hold them to SC COM ALINY, be- cause the law is that the public’s officers should not wilfully neglect to periorm the duties required of them, and they have no ground for the excuse that the result did not in- flict serious injury on the public, it was claimed on the part of the prosecution and very properly so, that the Commissioners dia in substance d'‘rect the articles mentioned in the indictment to be purchased and that they received the articles and ordered the bilis to be paid. In additiun to that it was shown that there was no resolution on their minutes by whicn the Supply Committee were re- quired to advertise ior trese articies by contract, These are the circumstances from which it 18 claimed that thee was wil ful neglect of duty on the part of these delendants, as shown in the indictment. in addit.cn to that evidence was produced toshow @ motive on the part vi the Commissioners andan attempt was made to show that the Commission- ers themselves had profited by the neglect of their duty, aud the evidence left the matter in tre shape it was made byytae persons who supplied this Board, Vounsel tor defence made various :equests to charge, some of wnich Judge Daniels complied -With and others he rejected. ‘The jury retired shortly before twelve o'clock, and at about four o’clock rendered a VERDICT convicting Commissioners Ferguson, Powell and Wills of conspiracy to deiraud the county, and soquitting Commissioner Jonn Cunningham. ‘Tracy, tor the defence, moved ior an arrest of judgment, and the argument was postponed. The convicted Commissioners were released on bail pending the Gecision. The verdict did not create surprise, as it was generally expected that at 1 the three Com- missioners would be convicted, Cunningham's acquittal 1s attributed t. bis testimony that ne had endeavored to rejorm the abuses in the depart- ment when he entered upon his office, but was voted down by other members of the Board. The Badcau Case. The case of ex-Collector of Taxes Isaac Badeau, indicted on charges of forging and embezzling city moneys, was called after the jury in the case of the Commissioners of Charity had gone out, Counsel for defence presented affidavits of physi- cians setting forth that Mr. Badeau was seriously illand tnat his attendance in conrt would endan- ger his life. Counsel said that there was an ar rangement with a previous District Attorney, who had had the case in hand, that the trial was not to proceed until the tail. Mr. Jvshua M. Van Cott, who appeared: for the eople, denied that there had been any such un- derstanding, and suggested that in the indictment for jorgery bhere was ho necessity tor the continu: ous presence of the defendant. That case might be tried without his presence. Mr. Van Cott con- tinued:—The indictment in this case is Jor a gross misuse Of the public moneys, and we will be en- abled under it to show that Mr. Badeau had received from $30,000 to $40,000 thereol, as interest money, appropriating the same to bis own use. We are in possession of his account and check book, all of which show conclusively at what times and at what banks he made deposits of the public moneys und appropriated the interests thereon to his own use. We cau thereiore proceed with the case, requiting only the formal appearance or Mr. Badeau, dae Sia as he is by counsel. 1 donot thik tha; his interests will suiec in the least, and Task the Court respectiully to allow the case to proceed. défence, Colonel Fellows and Counsel _ for Chauncey Shaffer, protested against proceeding to trial in view Of Mr. Badeau’s condition. Judge Daniels said ne woud send a physician down t» see Mr. Badeau and have the physician report his condition that afternoon. A physician Was sent and subsequently reported that Mr. Badeau’s condition was such that he could not ap- pear in @ week. Judge Dauiels thereupon adjourned the case tor the term. The Sprague Case. The oase of ex-City Treasurer Sprague, indicted for misieasance in office, was called. Counsel for defence interposed @ plea of tormer acquittal asa bar to further prosecution. The argument was | postponed until to-day. OITY OOURT—SPECIAL TERM. Decisions. By Judge Netison. Brady vs. The Brookiyn Crosstown Road.—Mo- tion to open judgment entered on PRE de- jauit in august last must be denier the lapse o time. Relie! from a default must be sougit promptly, The plaintim, in the first in- stance, employed @ negligent attorney, who may be liavle to him in damages, but the deiendants should suffer no prejudice irom the plainciff’s mis- tortune or neglect. Henry vs. Fuller.—Default set aside, and defend- ant allowed to answer on payment of $10 costs and on giving security lor amount, Plano! may finally recover and stipulating to reier for trial anu take short notice—eise denied with costs. Baumuller vs. Williams.—As cause his not been noiiced fur trial, motion tv put same on calendar aented, N American Wood Car Company vs, Fitch; same vs. Wilder.—Each answer mus¢ be made more deflnite and certain, as specified in memorandum filed in Clerk's office. Doherty vs. Henry.—Cause referred to Mr. Dana. OOURT OF APPEALS, Decisions. ALBANY, June 9, 1874, Among the decisions handed down in the Court of Appeals to-day was one afirming the judgment, with costs, in the case of the People of the State of New York, appellants, vs. James H. Ingersoll, impleaded with William mM. Tweed, Bibert A. Woodward and Andrew J. Garvey, respondents. by reason of | The appeal presented the question what public | corporate entity should be the plaintiff in an action to recover money fraudulently ootained by means of an undue and unadvised exer- recognizable entity, nor involved any possibility of a ure injurv, except to such persons as might, at @ future period, indicated by law, beiong to a Class,of local taxpayers, The following is a brief history of the case:—In 1871, by existing jaws then ane enacted, the Mayor (Hall), the Comptroller (Copnully), the Commissioner of Public Works (Tweed). aud the President of the Public Parks Commission (Sweeny), were virtually the local administrators of government in the city of New York. At this time, the “King” frauds being in full progress, dis- covery thereo! was made and public indignation ery excited by the disclosures. In Uctober, 871, the then Governor and Attorney General di- Tected counsel resicing in the city o: New York to aid the latter in such suits aud proceedings as might be deemed advisable. No soondr had this ollicial act been promulgated than the local officers commenced nominal prosecutions against them- selves, in the names o! the locai bodies which they controlied. The Counsel to the Uity Corporation, who was also ‘Law Adviser” to tue County Board of supervisors, by direction of Mayor Hall, anti- cipating action on the part of the State, com- menced Several separate actions ior the same causes, in the pame of the city Corporation, anu then aiso, in the name of tne County Boara of u- pervisors, against Hail, Tweed aud Connolly. The action op Whicu the appeal is now decided was commenced in October, 1871, by the ser- vice of the process on Tweed. In December Joliowing Judge Learned, at tue Special term, in Albany, denied a motion to discnarge Tweed trom arrest. In February, 1872, a General Term itiemed this order. Tweed then demurred, and at the Special Term, held in June, 1572, by Juage | Hogebdoom, his demurrer was overruled. Tweed appeaied, and at a General Term, heid in July, 18:2, by order o! the Executive, the order over- ruling the demurrer was affirmed, Presiding Judge Miller ana judge Patten concurring in the order; Judge Parker dissented. Not venturing to stand on bis demurrer, weed answered, thus waving the deiect, u any, there was in not making any local corporation or body a co-delendant. Thereupon Lugersoll appeared anu set up in succession the same technical objections under new auspices, Aiter 'weed’s ap- eai irom the order overruling his demurrer haa Been submitted to the Geverat term he appeared. His first step was a successful motion, beiore Juage Ingalls, at Special term, to strike out ‘as trrele- vant and redundant” all the allegations of neglect and coliusion on the part of the local authorities. Tois was in November, 1872. On Tweed’s motion Judge Ingalls then changed the venue to New York, and Ingersoll demurred. One of the causes assigned Was an alleged ‘defect o1 deiendant in the omission of the Board of Supervisors of the county of New York.’ This de- murrer was heard at the New York Spe cial Term, beiore Judge Hardin, when tie demurrer was allowed. The State appealed, and at the General Term, held May 5, 1873, Juaye Hardin’s order was afMirmed and final judyment entered in favor of Ingersoll, with costs. ihe State appealed tothe Court of Appeals, May 15, 1873, Alter th» hearing and deliberation this Cuurt, in November, 1373, ordered a reargumenton tue following questions:—First, was tie title tv the money, which is the subject in controversy, in the county 0: New York? secand. if the money Was the money oi the county, cathe Board o1 Su- pervisors maintain an action Jor the cause stated In the complaint in beball of and for the benefit of tne county? A reargument was heard on these points in February last. ‘The prevailing opinion, which was handed down to-day. is written by Judge Allen; and Judges Grover, Folger, Andrews and Jonuson concur. Judge Kapeilo writes a dissenting opinion, in which Chfei Justice Uhurca concurs, The decision is that tie State as such ts not concerned in the alleged Vanoes; and, therelore, itmot being en- titled to any Judicial remedy, the action ought to have been orought in tae name of the county. The Legislature at its last session passed a Jaw trans- ferring ail the property o1 the county to the city, 80 that inthe continuance of the sutt the “city of New York” will have to be substituted Jor “the State of New York.” Judgments affirmed, with costs.—Scott vs. Conway, Marvin va, Newman, Cuamplin_ vs. Champiln, Sprong vs. the Boston and Aibany Raii- Toad Company, Murray vs. Churcn, Jenks vs. Rob- ertson, Sanford vs, Sanford, Jackson vs. the New York Ceotral Railroad Company, Sweeny vs. the Mayor, Aldermen anu Common Council of New York. is affirmea.—Copperman vs. the People, Ce Decree of the Surrogate of Erie county modified by deducting irom the amount thereo! $872 18, as of its date, and the decree as modified armed without costs to either party in this Court. New- man vs. Marvin. Order affirmed and judgment absolute for re- spondent, with costs.—Metz vs. the Buffalo, Correy and Pittsburg Rauroad Vom pany. Order attrmed, with costs.—The Grocers’ Bank of New York ve. Fitch, Appeals dismissed, with costs.—Gambling vs. Morgan, Crane vs. Steger. Moiions denied, without costs.—Jacobs . vs, Morange, The People ex rel. Waller va. ihe Board or Supervisors of sullivan Uounty. CHEAP TRANSPORTATION ASSOCIATION. Prosperous Condition of the Associa- tion—Reports of Committecs. A meeting of the Cheap Transportation Associa- tion was held yesterday afternoon at their rooms, No. 110 Peari street, John F. Henry presiding. The Executive Committee reported that during the past month eighty-tive new members had been passed upon, and that the affairs of the association were in & most prosperous condition. The names of the eighty-flve gentle uen recommended by the committee were unanimosiy élected. The Committee on Statistics submitted the fol lowing, waich was adopted :— Your committee received a short time since a commu- nication from one of the newly appointes Kailway Com- ssioners, in the State of Wiscongin, asking tor certain information relative to the cost of rail transportation, whicn, so tar as possible, was furnished; but, in pursu- ance of their researches after such information, your committee have greatly telt the want of reliable statis. tics, showing in detail the cost of transportation by rail. Stalistics are not wanting, but most ot those now exist- ing. which have come under the observation of your | committes, ure based upon excessive valuations, often three times the aciual or necessary cost of a roud and upon the prevalent questionable system ot operating railroads in this country. In view of the importance of | the subject to every ‘producer and consumer in the aa States, your committee beg leave to offer che | folowing :— Whereas the interests of the nation are closely con. | nected with and affected by transportation facilitics, aud | the development ot our railway system has been such | that these modern highways have largely taken the | lace of ail other means o: transzortation; and whereas, | tis highly important that a conunued development of j this grea‘ interest shouid be based upou fact rather than fiction, in order that the healthiul advancement ot com: merce in this country may be in nowise recarded by Sy Bites hee cate f between railroad corporations and the public, ada that the industries of the country may not be wrongiully taxed ty the perpetuation of need- Jessly biga rates of transportation: and wivereas thera | is a lamentable lack of reliable statistical intormation in regard to the actual cost of transportation by rail upon | which to base an equitable sectiement of the differences which exist between the public and the managers of railways: and whereas a bill has b-en introduced by | Senator Windom in the United otates senate long rds the establishment of such a department or bu- reau; therefore, Resolved, That a permanent department or bureau, with suiticlent powers, should. without delay, be pro: vided by Congress, tor the purpose of obtal ~ Dre serving and circulating iniormat.on relating to the sub. Jeot of transpor ’ Resolved: That a copy of this preamble and resolution be transmitted. to members ot Congress. The following report from the Committee on Legislation was read and adopted :— In view of the upinion very generally entertained in the East that the legislation ‘on railroad matiers in cer- tain estera States is unjust towards rai road corpora- tions, we wish to submit the tollowing extract from a letter received tron Mr. J. H. Osborn, the granger Rail | way Commissioner of Wisconsin, in response to a senci- | ment expres.ed in our correspordense. to the effect that we trusted the people 0. his state would not take @ posi- | tion which would ve unjust to rauway Late.ests:— ‘The control ot the roads by exisiative enactment, is a | foregone conclusion ; but con rol does not mean “con- | fiscation,” and itis gross perversion of the intent ot Western’ people fo endeavor to iasten upon them the odium of adopting any lexisiation which contemplates injustice to railway companies. It is my own opinion that to the managers of these compantes themseives should attach the odium of really objectionable exact- ment, as I verily believe it is to the yet potent influence of their agents that enactments are nade to assume as | objeciigpabie a shape as possible, being a manitescation | of the sdine spirit which induced the railway managers of Angiand to adopt a series of evasions of parliamentary law, itis awed known tact thit wigre the passage of acts regulating the management of raiiroads has been | probabie that their agents have loaded such acts with radical amendinents. ostensibly in the interest of the public, but really seeking to make them so arbitrary that hey would be moperaitve, each tactics will avail nothing tn the end, and I ont: mention them partially to unswer your remarks and | because the opinion has generaily ovtained that ail Western legisiation tooking to the control ot railways, | and which has been promoted by, the action of pro- ducers (rangers?) has tor its opject “oppression,” “contiseation.” &. This ts ail fiction, and that such views exist at all is the result of railway policy and rail- way tuchies, In connection with the subject of railway commission- ers your commitice call the attention of this Board to an opinion expressed by Charies rraucis Adams, Jr., in an open letter addressed to the Hon. William Windom, United States Senator. Mr. Adams, who was one ot the original appointees on the Massachusetts Bourd, of whien he 1 stilt a member, and has had more expe- rience as road commissioner than any other man rica, relerring to the action of this association Says:—"‘vuring the past winter « committee of the New | York Cheap ‘Transportation Association iid before the Legislature of that state a bill creating a ratiroad com- mission on the principles L have suggested. I: was never reported back hy the comuittee to which it was re- | ferred. Based upon the Massuchusetts law, it 1s in cer- | tain respects au improvement upon it. I take the liberty of transmitting a copy of it to you, as with the al.era- tigts necessary to adaptitto the larger field for wich you legisiate 1 think it would prove a much more bevel: cial measure than the McCrary bill or any other act | founded on the ‘Titinois or Wisconsin precedents.” All of which 1s respee.tuily subinitied, A resolution proposed by Mr. Charles £. Mill Tecommeonuding that the Hurlbut bill, now beiore Congress, relative to the question of cheap trans- portation between the seaboard and tae gram- beget States of the West, was iaid on the vie, INE Association Lot wishing to take action on the bill at the presen: time, A comtmunication was reud irom the Chamber of Commerce stating that they were endeavoring to act im harmony with other public bodies witha view to Mr. Hill gave notice (nat at the next meeting he | would move that members absent irom com= | mittees or from tieetings of the Board o| Manage- ment tor six consecutive months should be con- dered as having joss. thet’ places a8 oMcials, ‘The meeting then adiourwed. rucuring cheap transportation, a) Testimony of Bernard H. Smith, Recently from Sing Sing. HIS STORY OF THE FORGERY. Confessions of an Artist Thief---Practising Felonious Penmanship. The trial of Andrew L. Roberts for forging bonds of the Central Railway Company was continued yesterday morning before Judge Brady. There was, as usual, adense crowd of spectators. Dis- trict Attorney Phedps appeared for the people, and ex-Recorder Smith, ex-Mayor Hall and Mr. Purdy for the deience, August Redling, who keeps a saloon at the cor- ner of Fulton and West streets, testified that Roberts frequently came there to inquire for Oim- stead; he corroborated the testimony of the en- graver, Olmstead, on this head, The witness was cross-examined by ex-Recorder Smith, and said that he could not remember the name of any person except Roberts who called at his sdloon for the purpose of inquiring after Oim. stead; he dented that one of Pinkerton’s detec. tives had called the circumstance first to his mind; he declared that he was unable to tell how Pinkerton came to hear of these visits of Roberts at his saioon; in regard to the frequency ot the interviews between Roberts and Olmstead, he stated that he remembered seeing them together FIVE OR SIX TIMES ONLY. Captain Jeremiah Petty, of the Fifth precinct, ‘was questioned by the District Attorney concern- ing the search of Roberts’ box at the Sate Deposit Company, but ex-Mayor Hall insisted that the as- sumption that Roberts had such a box at the office of the company was not legally justified. If the prisoner was to be sacrificed, Mr. Hall insisted, by that conspiracy, it must be done in compliance With legalforms, Judge Brady sustained the ob- jection raised by ex-Mayor Hall, and the questions were excluded, Mr, William 8, Bobriski, of the Stuyvesant Sate Deposit Company, swore that Valentine Gleeson hired a box first, then came Andrew L. Roberts, then Roberts’ wile, Lilia J, Roberts, and finally Horace 8. Corps. The police had removed Glee- son's and Roperts’ boxes in October, 1872, and tney were examined separately a few days before Rob- erts was apprenended, The witness was then asked to read a list of the various bonds which were found in the boxes be- longing : TO ROBERTS AND HIS WIFE. This was objected to by the defence, but admit- ed. The reaaing of the list showed that the bonds were United States and various railway bonds, but some of them Central Railway bonds. In Mrs, Roberts’ box there was $9,050 in United States bonds of 2%—20%, thirteen bonds of the denomt- nation of $1,000, one $500, four $1,000, and also six $500 and two $600 bonds of the Western Union Telegraph Company, and other bonds of Buffalo and Erie, Sioux City, the total of which amounted to about $28,000, The list of the bonds found in Gleeson’s and Corps’ boxes was elso read, the de- fence objecting to it on the ground that such testi- mony was altogether immaterial. Bernard H. Smith, who was brought here as a convict irom Long Island prison, whither he was sent for burglary, said he had known Andrew L, Roberts for three years. He met him last August ‘and Roverts gave him a coupon which he (rhe wit- ness) ieit at the house of a Mrs. Campbell in Wil- liamsburg. Roberts id to him when handin; him the coupon, ‘I may as well give you what want you to write.” e"witness then at Roberts’ request practised writing the name of “stern- berg,” and when showing berts a specimen of the writing the latter dec'ated he woul GIVE IT TO “FRANK’’ FOR INSPECTION at the house of Mrs. ne in Wiltamsburg, Wuere the witness practised writing the name. Roberts produced a mass of blank Central Rauway bonds, asking him to write the name “Sternberg’’ on the coupons, which he did, Rob- er’s, looking at the writing, would show it to “Frank.” by Meant Mr. Gleeson. On the a | day they went again to Mrs, Campbell’s house. Tuere Rob- erts produced 160 blank bonds, and the witness “filled up” the coupons, which innocent lavor oc- ed three weeks. Alter the coupons were “filled up” the rest of the paper was ‘done.’ When asked what persons he saw at the house, tae witness replied, Mrs. Cawmpbeli, her sister, an- other lady, Frank Gieeson, an old man and achild, Whose names he did not learn, Finally, one day, the witaess was toid by Roberts that the blanks hag all been removed by him because he had not imitated well Erastus Coroing’s signature. Rob- erte, at the same time, informed him that he had given the blanks to another person, WHO WOULD FILL THEM UP. Witness was also asked to forge Waterford. Bank bonds, which, as Roberts intormed him, were Stolen at the great robbery, and which were too hot tor him ‘to use’’ just then, The witness, after recess for luncheon, was cross-examined ut leugth by Mr. Purdy, and said he received his pardon only yesterday. He was not guilty of the burglary jor which he Was, punished, but had pleaded “guilty” nevertueless, He was ar- rested for burglary on the lst of September last, leaded on the 10th, and was sent tu the State rison,ior four years. He had known Spence Pettus intimately, and was asked to identify sev- eral letters in Pettus’ han writing, but said he did not recognize the writing. His and Pettus’ handwriting resembled each other greatly. A let- ter was shown tohim, and he said he could not Oey whether the hanawriting was that of Pettus or i3 OWD. . Mr. Purdy said the theory of the defence would | be that all this evidence was manulactured by Pettus and his wite in Boston, with the aid o! Olm- | stead. Through the agency of Pinkerton they | were enabled to throw this web ot! testimony | around this prisoner. Pettus and his wie were | | enraged at the prisoner because he did not supply | them with money to get OUT OF THEIR OWN DIFFICULTIES, In order to show Pettus’ animus he proposed to read the letcer last referred to. District Attorney Pheips objected to the reading of the letter as irrelevant, and Bis Honor ruled 1t out. The delence excepted to this ruling. Mr. Purdy tuen offered in evidence another letter to show that witness was an accomplice of Pettus. ‘This letter was aisu ruled out. ‘The witness, 1n the course of his further cross- examinaiion, said that at Pettus’ trial in Boston he did ail he could to “get him out;’? he had a let- ter trom Pettus refreshing his memory as to a cer- tain date, but could not say whether by swearing ashe did he succeeded in proving an alibi. Mr. Purdy wanted to question the witness in regard to @ certain burgiary in Boston, but the Court ex- clude this matter as being irrelevant. Upon re- cei ing the assarance of ex-Mayor Hall, however, that 1t was very important for the deteace to show that ne was tee master mind in that burglary, the witness was directed to answer the questions. tHe said he furnished the burglars Prost, Parrell aud Reilly with the money which they required; he never received any money, to Induce him to steal the papers in the case of Pettus trom the office of tae Disirict Actoruey in Boston, but was delegated | to find some persou WHO WOULD DO THE JOB. | He received $20 irom Mrs, Pettus to pay @ man to | go to Boston and find out wuether it was possible | to steal the papers; he (the witness) merely went | into the ollice and reported that he taought every- | body was very careless there and it would be com- paratively easy to steal the papers; he was a rested three times and could not tell how many indictments there were against him which wers sti'l untriea; the first timo he was arrested ior having received stolen human hair; tie was ac- quitted, as he gave the | aya back; the parties who stole them asked him if he would loan them money and sell tne nair, which he agreed to do, | the candor of the witness in boidly sweating that he was golity of all the crimes imputea to him caused geueral hilarity. He even coniessed that | he had sworn falsely at a previous trial. | EX-Mayor Hali—Now we ask your Honor to strike out the testimony ol this witness on the well known raie that when & man swears at a trial that he has been previously guilty of perjury in court nis testimony 1s 1naumissible, Judge Brady denied the motion, Mr. Hall taking an exception. ‘The District Attorney then asked the witness to wrire the signatures whton he had attacned to the | coupons of the forged bonds, Ex-Mayor Hail ob- | Jected; but Judge Brady said HE WOULD ALLOW THIS, competent to do the task whicn he said he had ac- | complisaed, 1t was doue accordingly, | David M. Van Hogenvurg, cashier of the Saratoga County Bank, at Wateriord, said the bank was Tobbeu on tue I¥th of Uctober, 1372 A number of Dentral bonds were stolen, and the witness identi- fled one United States boud as having veen stoen which (as Mr. Zaorisk! had sworn) was found im Rove: ts’ 00x, ‘Ths testimony on this last pomt was stricken out, on motion ol ex-Mayor Hall, Miss Lillian Williams, of Wilnamsburg, swore tha” she jived next to Mrs. Campbeli’s house ; last summer she saw several men at tue house, whom | she heard called “cnoe Andy” and “Uncle Prank,” Was usked to point out Uncle Andy,’ but said there were so many faces here that it would be rather ditkenit to do so. Roverts, the prisuner, stood up, his face showing signs of great nervousness but laced the witness, and she then declared he was not the man; “Un- cle Andy” wore no whiskers when she saw at | end of the season, Ex-Mayor Ball—Turn rou ve hera side a Geacerts corned round t RPA KiA 32 arr educghee ‘epeatediy, amid general laughter, but Miss Williams declared a; she ‘was not the man.” aantbenyd enraged 1 tueu called attention to the fact } at the vistric! rey Just asked an o: cer, in Miss Williams’ hearing, to Lad BRING GLEESON FROM THE Tomas. “The learned District Attorney,” he said, “nods the key of the Tombs with great fdelity——” 3 “AD ea great tenacity,” Mr. Purdy added, augbingly. And with great tenacity,” ex-Mayor Hall re. 4 penta -humorediy, “and this is telling Miss iiliams whom sae is to identify.” bEx-Judge Beach, in the name of Gleeson, for whom he had been watching the case ever since this trial was begun, protested against bringing & prisoner irom the Tombs when he was not on trial, Judge brady sustained the objection. The Court, at a quarter past jour o'clock, ad- jJourned until this morning. FESR NE LL os The Weckly Meeting of the Board=More Talk About Economy and the Debt. The Board of Commissioners of Emigration he!d its regular meeting at Castie Garden yesterday af- ternoon, Present, Messrs. Starr, Mauger, Forrest, Stephenson, Lynch and Schack, Commissioner Starr in the chair, Alter reading the minutes of the meeting of the Board of April 26, Commis- sioner Mauger moved to amead by striking out all alter the list of members present. Carried. The minutes of the Board held Aprii 30 were then read and approved, also those of the meeting of May 12. Assistant Secretary Jackson read the resignation of Richard Van Poset as Chief Clerk of Ward’a Island Bureau. Accepted. Hills for services of William Price, late Chief Surveyor of Labor, and of S. Ventador, were received, and after a desultory discussion of the power and obligation of the Board to pay bilis of their class, the claims were reterred to the tegal counsel of the Board for his opluion thereon, as test cases which should govern in the disposition of a large class of similar claims. ’ Applications were received from the Belgian society, the Scandinavian society and the St. George’s and St. Andrew's societies for permis- sion to agents of those organizations to enter Castle Garden, in order to give advice and informa ton to emigrants of their several nationalities, Commissioner Stephenson moved that the ap Plications be granted. Mr. Lynch thought the Board should scrutinize a8 to the character and standing of the persons to be admitted to the privileges of the depot. He Kaew Messrs, Monroe and Morris, of St. George’s and St. David’s, to be eminently proper persons, but he was ignorant us to the others proposed as agents. The cuaracter o: tne Scaudinavian representa. tive Was vouched jor, and it was agree tu admit the ageuts named by these societies, aud Messrs. x Mauger and Schack were named a Committee to inquire as to tne nominee of tne Belgian society. President Starr, remarked that, In ts opinion alt the nationalities were already suficiently-repre- sented at the depot, and their agents ‘becoming ’ agents for railroads and other companies give the Board great troubie, The whole subject of Castle Garden management needed review. On motion of Mr. Lynch the matter was re ferred to the Castle Garden committee, A communication was read irom P. O'Day, Agent of the Board at Budalo, omering his con- ‘ stant service and asking more pay. It being ex- -plained by several members taat his pay was ixed yy law, and the Board have no power, the prayer was denied. of Garrett A. e Mr, Lynch moved the appointment j Neville as agent at Rochester. Adopted. i Mr. Stephenson moved tne appointment of E. B. es to the chief clerkship of the Ward’s Island ureau. President Starr suggested instead to ftir gn Mr. Stanton. and pat str. Cooney in his oid piace. Comaussioner Mauger urgeu that economy for- bid increasiny tne clerical 1orce, President Starr declared the work too great to be done by the present torce. i Commissioner Stephenson offered to make Mr. Stanton caiet of the Bureau at $1,200, aud remihd- 5 ed the Board that tt was poor, being $96,000 worse off than a year ago. Finally, Mr. Cooney received an appointment as clerk at $1,000, ‘The over of the Board ot ties and Correo tion to furnish to the Board vl. smigration a plot of ground, dedicated, on Hart’s Is:and, for the burial ‘i Ol emigrants at $6 10r euch person buried, or to bury them with tbe paupers 01 tue Charity Bureau @ $3 per head, was called up and discussed. All tne members of the Board concurred in consiaer- ing the charge exorbitant. Mr. Shack prejerred that ground be taken in the property oi the Board | In Ward's island, as did Commissioner Mauger, ‘Tue matter was remanded to the Commitiee on Wara’s Island. A committee of three was agreed to for a revision Of the by-laws, the chair nawing Messrs. Slepuen- son, Mauger and Schack as such committee. On motion of Mr. Stephenson it was ordered that irom July1 all employés be paia monthiy and #:gn rolls. Samuel Hunt, late night watch, was appomted as gatekeeper. Mr. Lynch moved that Mr. Henry J. Jackson, Po te Seceretary, be named as Secretary to the oar Commissioner Stephenson objected on the ground % that Mr. Lynch is not competent to vote on as appointment. ~ Commissioner Mauger renewed the motion. Ob- jected to by Commissioner Stephenson, who dis- claimed any criticiam on Mr. Jackson, but he said the Board, for economy, were trying'to dispen with the services of a secretary an superintene ’ dent. Motion withdrawn, ; President Starr resigned as member of the Finance Committee, aud appointed Mr. Schack a member of thas and the Castle Garden Committee, Adjourned. ¢ CLEANLINESS NEXT TO GODLINESS. Opening of the Public Baths=The New Lavatories to be Opened on the River Front. ‘rhe public baths were towéd into position last evening, and, aiter the usual repairs, will be opened about Friday pr Saturday of this week. The delay in providing the people with the con ventences for bathing has arisen mainiy from the diMicuity which the Departafent of Pavitc Works has had in procuring a suitable location at which ‘to moor the baths. Tue pier at the Joot of Charles street, on the North River, has, since last fall, been leased by the Dovk Department to a steamship company, so that to obtain this, as during lagt . summer, was impossible. Commissioner Van Nort finally succeeded in ‘procuring @ place for the North River bath at the toot of Weat Eleventh street. This is only about five blocks further up the river than the location occupied by the bath last season ; and the approaches to the pler are much better, The East River bath 1s located 4 the same place as during ast season, namely, at the 1oot of East ‘ Filth street. The location could not be bettered on the #ast side and still be within reacn ol the | very se of mechanics which it is intended most to beneilt. ; The Superintendent of the Department of Public | Wirks nas been engaged at Gowanus for several days in pumping out and caulking the baths. When the season 1s ended tue baths are floated in on the flats in Gowanus bay and leit there during the winter. Ihe work of refitting the baths alter a winter's accumulation of mud has taken posses- sion of the swimming tank 18 not such & | trifling matter as would be supposed. The public batns will be regulated by the same rules regarde ing attendance, hours, &c., as during last year. jovernor Dix has signed the bill making an ap. ropristion Of $80,000 for four new baths, and Jommissioner Van Nort has already sent to the Board ot Apport:onment for the money. As soon ag he receives it he will adveruse ior bids and de. termine as soon as possible upon the aware of the contracts. There is scarcely any probability, however, of getting the batnsa Iv belore the The need of these new baths * Jeit among the poorer classes, So \ ee lesire to enjoy the luxuries of the bath |i year that women used to bring their sewing work to employ them whie they awaited their turn. {¢ olten required the exercise of an hour to two hours of patience beiore peopte could be accommo- dated, The two baths now owned ny the city are totally inadequate to the wants of the metropolis and the private institutions are not likely to want ~~ for reveuue 80 loug a8 the hot weather ‘ ass. THE FIGHTING STEAMSHIP OOMPANIBS. ni . Day by day the fight between the European, steamship companies belonging to the North At iv lantic Steam Traffic Conference on the subject of , the rates of passage muney to be paid by steerage 18 greati: was the | as it would be apt to snow whether he had been | Passengers, is becoming more and more embit. * tered. It was currently reported down town yesterday that competition will be commenced im asimilar fashion with the cabin passenger rates, Last year, it may be remembered. the ard lines after withdrawing irom the Conierence, carrie: steerage passengers from this port to Liverpool jor” ‘ $16 currency. They are now carrying tem ior $: while ree Wiliams etere Hoye apg J tl | Irom Liverpool to this port fol jor the pur \ as Mr. ‘Guin lately expressed tt, of bringing tee | National line to terms. That line yesterday, through their passenger agent, Mr. McaAills stated to a HERALD ge A) they could to carry passengers as cl as any com | line, ad 40. the Nght goes ON. Several stem lines are now, It 18 reported, steeraye tickets to Liver Meauwalle the po of = ina this port have ar ved, season is considered to be atan