The New York Herald Newspaper, June 17, 1874, Page 5

THE COURTS. What Constitutes the Liability of Warchouse-, men—Important Question, Important Ruling as to the Cancel- lation of Policies. BUSINESS IN THE OTHER COURTS. \ A suit bas been brought in the Superior Court, before Judge Monell, by Shepherd Knapp, receiver ofthe Bowling Green Savings Bank, to recover $65,000 alleged to have been loaned personally and ‘without security to the Avenue © Railroad Com- pany and D. K. Kohlman. It involved the same Principles as in the recent suit between the same Parties, tried in the same Court. In the Court of Commor Pleas, before Judge Rob- Inson, the suit brought py Seligman & Co. against the South and North Alabama Raliroad Company to recover $150,000, commissions for alleged nego- tiation of the company’s bonds, came to trial yes- terday. The defence denies the alleged negotia- tion, United States Commissioner Shields yesterday held William Rard in $400 bail, charged with de- serting from the ship Swarrow. His case will be bent to the Grand Jury. IMPORTANT TO WAREHOUSEMEN. +. What Constitutes Liability in the Stor- age of Goods—Chloride of Lime vs. Dyed Jute. Travers vs. McBain.—This action was brought by the plaintiff in Marine Court, Part 2—Judge Gross presiding, to recover from the defendant $601 60, with interegt trom January, 1870, for dam- ages he claims to have sustained in consequence of the improper storing of a quantity of jute in @efendant’s storehouses, on Peck slip. The de- fendant admitted having received certain prop- erty o! plaintiff for storage, but dented he received the quantity alleged, and claimed that it was com- mitted to hiscare as a warehouseman—to keep the same till it should be called for, and that he exercised in regard to the same all the care and diligence that @ prudent man would exerciae towards his own property. From the evidence it appeared that a considerable quantity of the jute in question, was what ts termed in the trade ‘dyed jute. It, with other Jute or hemp, was stored in certain rooms of plaintiffs store, in January, 1870. The property injured was stored in a room above one in which a quantity of chioride 01 lime or bleaching powder was stored. Im the July following the detendant’s attention ‘was called to the fact that some of the fibres of the dyed jute were discolored, and he at ence, fearing that injury might result to the jute as a whole, on the same day in person called on te plaintit! and notified him o1 the tact and the danger that mignt result if 1t was not removed. At this time the de- fendant, as he stated in his evidence, estimated that the injury then done did not exceed one per cent. The injury, it was alleged by plaintttf, arose from gases arising irom @- quantity of chioride of lime stored in rooms below those where the jute was stored, the ex- cessive hot weather of the summer of 1870 causing the chloride of lime to ferment, and emitting gases 80 noxous and dangerous to health and lle that after a little time i: was impossible to remove them. The chloride immediately under the jute Was at once removed as well as it was possible to do it, the workmen being compelled to hold zponges to their faces, The plaintif¢claimed that e defendant ought not to have stored such an article in any proximity to the jute or hemp, and that this uegligence on his part was the sole cause ‘of all the injury to his goods. Un the other hand Warehouse-men testified that it was customary to store chloride of lime and jute on the same floors, and that they bad never known any injury to arise thereirom., Tue two principal law points grose from the two interviews between the parties; the first when the defendant notified the plaintid to remove the goods, which he failed to do, but allowed the injury to Re oa increasing; the second when plaintiff made personal examina- tion four Weeks alter. The latter swore that on tnat occasion defendant admitted that the injury arose from the chloride of lime, and then stipu- Jated that he would see a broker about it and have it sold jor what it would be worth for the manu- facture of paper. and that he subsequently made a profter to sell it for two and three-quarter cents a pound, which plaintiff refused to accept. There Was a greut deal of conflicting testimony in the case. The defendant denied that he made any stipulation of the kind, and that the plaintiff left the property still stored, after notice to remove, at" his own risk. 4 Judge Gross, in his charge to the jury, after re- viewing the festimen on both sides, said that, in order to hold the defendant itable forthe injury, it was necessary to find that the defendant was negligent an‘ careless in atoring the property. A Seexchonssinan wae only held to ordinary care, ch care as a reasonable and prudent man ‘would take of his own property, and when he did that it was all the Jaw required; and to hoid the defendant responsible they woald have to be satisfied that he did not.use ordinary care for the protection of the property in question. The jury, afer considerable deliveration, found a verdict for the plainttf of 1% per cent on the ‘whole storage. A new trial will be moved for. BUSINESS IN THE OTHER OOURTS. UNITED STATES CIRCUIT COURT, The Bankers’ and Brokers’ Cases. Before Judge Woodruff. Judge Woodruff yesterday rendered his deeision in these cases, previously reported, and known as “bankers and brokera’ cases.” The facts are briefly these:—Clarke, Dodge & Co., Frank Worth and others, some time since brought suit agamst the government for the recovery of taxes paid under protest on moneys deposited with them, and liable at any time to be withdrawn on draits or checks. Twenty thousand doliars are involved in the present cases. Hundreds of thousands of dollars are, however, involved in the decision, and these suits were brought as @ test. £x-Collector Bailey, when in office, levied a tax of one-vwenty- fourth of one per cent upon all these kinds of moneys and upon such as were borrowed on mar- gins ior bankers’ and brokers’ personal use, This was done under the act of 1866, Known as the Bankers and Brokers’ act. In these cases plain- tits claimed that the act did not apply, Judge Woodrufl gave decision in their favor, UNITED STATES DISTRICT COURT, Decisions in Admiralty. By Judge Blatchiord, In the case of William H. Parsons and others vs. The Ship Lubioncello, Judge Blatchtord yester- gay rendered his decision. This suit was brought for damages done to several bales of paper stock belonging to the plaintiffs while on board the ves- sel On & Voyage to this port from Leith, Scotiand. By the evidence adduced upon the trial it appeared that the paper was improperly stowed away with some barrels of oil, and was damaged in conse- quence of the spilling of the oil. A decree was ordered to be entered for the libellant, with a ref- erence to assess the amount of dumages, the Court holding that there was negligence on tne part of the vessel, In the case of G. Staathrop, the owner of the ship Lubioncello, vs. William H. Parsons, where suit was brought for the recovery of $272 76 ior freightage of the paper mentioned above, the Court gave decree for the libellant, SUPREME OOURT—CHAMBERS. The Simpson-Haas Alleged Conspiracy Before Judge Donohue. On the 20th of December last Mr. Emil Haas was arrested on acharge of conspiracy and brought before Pvlice Justice Bixby. Owing to delays in the preliminary examination his counsel, Mr. Charles Wehel, applied to tne Supreme court for a writ of certiorari to remove the proceedings to this Court, which was granted by Judge Donohue. The examination | ‘Was then proceeded with. The testimony taken in the case comprises nearly 1,000 pages, and reveals @ curious state Of affairs. Solomon L. Simpson was employed by Emil Haas as general agent, during three years prior to the ist of August, 1871; and, during the last year of his. employ: ment he was accused by Haas of having embezzied over $10,000 of the funds in the business. Haas then commenced a civil suit against Simpson for the recovery of the sum, and obtained an order Of arrest under which Simp: son was held to pall. A motion being made by Simpson's counsel to vacate the order of arrest it" was decided by Judge Larremore, of the Court of Common Pleas, to have an investigation of Haag’ books before a referee for the purpose 01 ascertain- ing the state of the account between Haas and Simpson, the order of arrest remaining in force, On the night of the llth of August, 1873, eleven days aiter this decision, an alleged burglary was committed at Haas’ store, No, 19 South William re bemg found open the next morning, That dag’ store had been burglartously entered is tex tifled to by five witnesses, including the office boy, Who was the last to leave the store on the evening of the 1ith of August and the first to enter it on u nd who says he Jound the books and papers strewn about the store. hhaas states, however, that none of the books re- Jerring to the business between himself and Simp- son were in the eafe that nigat, he having taken the precaution, after the decision of Judge Larre- more, to store them in the Safe Deposit Company. Out of this arose a charge against Simpson. The taking of the testimony on that charge before Judges bixby and Donohue occupied almost six months; and alter an elaborate argument on be- half of Mr, Haas by Mr. Charles Wehile, and on be- half of the prosecution by Mr. Charles W. Brooke, Judge Donohue granted &n order honorably dis- charging the defendants Emil Haas and William Carere from the complaint against them and hold- ing that there was no foundation for tne accusa- tion of SOMAD AN ecisions, By Judge Westbrook. Schlessinger vs. New York and Oswego Midland Railroad Company; Sargent vs. Bailey; in the mat- ter of Smith, Halladay va. Levy; in the matter of Schi, Webb va, Allen.—Granted. By Judge Lawrence. Knapp vs. Alden.—Default opened on payment of $30 trial fee and $10 costs ‘of motion. Memoran- um, Spratt vs. King.—Memorandum. In the Matter, &c., Slade; Stewart vs. Manhat- tan Market; in the Matter of Dougherty.—Granted, SUPREME COURT—SPEOIAL TERM. By Judge Van Brunt, Hume vs, Murray.—Case settled. Foley vs. Egan.—Memorandum for coungel, Kinney vs. Wood, Eck vs. The Chicago and Rock Island Railroad Company.—See memorandums, By Judge Davis. Gilbert vs, Gilbert.—Memorandum for counsel, SUPERIOR COURT—SPEOCIAL TERM. Decisions, i By Judge Speir. Nelson vs. Dodge et al.—Motion denied, with $10 costs. See opinion, Weston et al. vs, Ketcham et al.—Findings of law and fact settled. COMMON PLEAS—TRIAL TERM—PART 1, Important Restrictions as to Cancella- tion of Policies, ‘Before Judge J. F. Daly. In the suit of the International Lite Insurance and Trust Company against the Franklin Fire In- surance Company, of Philadelphia, the particulars of which have been published in the HERALD, Mr. ‘Vanderpoel, for plaintiff, moved yesterday, after the testimony had closed, that the Court direct a verdict ior plaintiff. Ex-Judge Fullerton, for de- fendan®, asked the Court to dismiss the complaint or direct a verdict for the defendant, on the aa that the policy in question terminated be- lore the tire occurred. Judge Daly, in passing, upon the question, said, ‘My impression is there is no question of fact to go toa jury, The questions of law in the case must be decided by the Court, The first question a upon the con- struction of the clause in the policy re- lating to cancellation—viz., that the company May terminate the policy for misdescription, in- crease Of risk, erection of new buildings and any other cause, I deem it amounts to. this, that the causes for which the company may cancel the polioy must be of the kind specified in the con- tions of the clause itself, and that they have no power arbitrarily to cancel. With reference to the alleged consent to the cancellation of the policy, the plaintiff personally gave no consent, and James Wilson personally gave none. All that can be urged is what took place between Shepherd & Case and Mr. Place, the alleged agent of Mr. Wilson, Jn my view, on the evidence Place had no author- ity to consent for the plaintiff or Mr. Wilson to any cancellation of the policy. ‘e Fullerton ex- | cepted, and the Court then directed the jury to find for plaintiff in the sum of $3,462 58, and granted plaintif’s counsel an allowance of five per cent. COMMON PLEAS—SPECIAL TERM. Attachment Against a Sister of Charity. Before Judge Loew. In this Chamber of the Court yesterday Colonel George H. Hart moved to compel Sister Irene, of the Foundling Asylam, to give evidence in a di- vorce suit, and also for the production of books and records from the asylum. The application Was opposed by Mr. Joun E. Devlin, counsel for tne ments was too broad. He insisted that an officer Of a corporate institution was not bdund to pro- duce all et records. Colonel Hart claimed that the law did not excuse Sister Irene, who be- longed to no class privileged to exemption from giving testimony, and that in the matter she nad DO privileged communications. He said that a subpena duly served on a sister of charity was ex- “actly the same ae if served on any one else. The Court ruled to grant the order compelling the pro- duction of books, &c., and the presence of the wit- ness 60 Jur as it was specifically shown that oral or the Foundling Asylum could be compelled to at- end as & witness. MARINE COURT—PART 1, Caution to Belligerent Attorneys. During the trial of the case of Durlach vs. Fischer, in Part 1 of Marine Court, before Judge McAdam, plaintiffs attorney, Mr. Simon, called in question the accuracy of the official interpreter’s translation of the testimony of a German witness, The Court stated that tne interpreter being a sworn officer of the Court, it would have to rely upon his interpretation. The counsel again inter- rupted a little later, and was called to order, but. en @ third time repeating the offence Judge cAdam fined him $25 and ordered him in custody of ap officer, MARINE OOURT—CHAMBERS, Decisions. ‘ By Judge Joachimsen. Duden vs. Friedlander.—Motion to advance trial granted, costs to abide event. Bernard vs. Leo.—Motion to set aside default granted on payment ot costs, ‘Laylor vs. Jackson.—Order granted. Carr vs, Adams.—Motion granted. Stuart’ vs, Day.—Motion granted, costs to abide event. - Strang vs. Edelsten.—Motion denied, with $10 costs to defendant. Brown vs. McGraw.—Motion denied, with $10 costs. Speight vs. Hyslop.—Moton granted on con- ditions. Bird vs, Carpenter.—Motion granted, with leave to apply to postpone at trial term, ‘MoGrath vs. Freund. —Moton granted on platn- tif stuupulating.»Ac. Welsch vs. McManus.—Motion granted, unless defendant compiles with terms. Sun Printing Company vs. Gazzam.—Motion granted for June, Hammel vs. Quin.—Motion for judgment granted, with costs. Worth vs. Fullknecht.—Motion for judgment granted, with costs and $25 allowance, Allen vs. Koverts (two cases).—Motion granted for June 24. Haydock June 24, . Lenan vs. Wilcox.—Motton granted for June 23, National Stove Works vs. Dieni,—Motion granted for June 22 Van Alst vs. Van Tassell.—Default opened. Biee Sewing Machine Company vs. Maillard,— Motion denied, with $10 costs. Ryan vs. Devoe.—Motion granted for June 19, Heath vs. Austin.—Motion to remoye cause to United States courts. Decision reserved, Kauth vs. Dreis,—Motion to open deiauit granted on terms, See memorandum, By Uhief Justice Shea. Kramer vs. Kramer.—Motion granted. randum, ‘Trubee vs. Wood Bros. & Co.—Motion granted conditionally. : McEwan vs, Renahan.—Motion denied. ‘Tyrell vs. Cenwral Pacific Railroad Co mpany.— Motion denied, COURT OF GENERAL SESSIONS. Robbery of a Jerscyman—Remanded for Sentence. Before Recorder Hackett. Yesterday James Goggins was tried upon an in- dictment charging him with acting in complicity with Cornelius Rice in robbing a Jerseyman named Wiiliam bradley, on the 24th of May, in Bayard street, of $140 in money and @ silver watch, ce ‘was convicted early in the term and remanded jor Sentence. Afier a clear and impartial charge by the Re- corder the jury returned a verdict o1 guilty, Goggins was remanded for sentence. Burglaries and Larcenies. Caroline Meyers pleaded guilty to grand larceny, the allegation being that on the 13th of May she stole plated ware and tablecloths worth $100 from the house of Margaret Barney, No, 455 West Twenty-fourth street. Assistant District Attorney Lyons'informea His Honor that this prisoner was @ notorious house thie!, and that there were seve- ral charges against her. The Recorder sent her to the State Prison for four years, John Henry was sentenced to two years and six months for attempted burglary. John McMahon aud James Kenny (boys) were sent to the House of Refuge jor burg) Louis Schwartz was sen- tenced for two years for sk stealing. Thomas Young and John Keyser (pickpockets) were sent to the Penitent#ry for three and two years re- spectively. thai Acquittal. Patrick S. Hickey was tried upon & charge of felonious assault, the allegation being that on the 17th of May he struck Fanny Le Roy with a glass tumbier at a saioon in Greene street. The com- Piainant could not positively swear that the ac- cused strack her, as she was very much intoxicated vs. Corwin.—Motion granted for Memo- Alreet, the store being opened OF means of wkey, 400 we sale nsnalv contamine Haas’ books and atthe time, Witnesses testifies ga Asylum, on the ground that the demand for docu- | Other testimony was required, and that a Sister of | |. $100, ; Willtams an that thev saw her fall down on the sidewalk, Jury to acquit the accused. SPECIAL SESsIONs. OMicer Fitch’s Raid. Before Judges Morgan, Bixby and Kasmire. William Mack and his wife Johanna, who were arrested by OMcer Fitch for keeping a disorderly house in Water street, pleaded not guilty. Jonanna was sent to the Island for four montha, while William was remanded to jail to await the result of proceedings against him for bigamy. The woman who claimed him as her husband ig very respectable looking, and says that his doings in Water street are not a tithe of what ne has | been guilty of. The Mike Murray Case. ‘This case came up yesterday, and, on motion of Assistant District Attorney Rollins, it was ad- journed until Thursday, on which day Judge Mor- 4b says it will go on, no matter what happens, Honorably Discharged. A girl named Elien Mitchell was charged by Ida Mack with stealing a sheet, Mr. Holsey, a wealthy resident of Astoria, with whom Ellen had lived for nine years, testified to ner good character, and on the strength of his testimony the prisoner Was discharged, THE TOMBS POLIGE COURT. Highway Robbery in Broad Daylight. Before Judge Wandaell, Yesterday alternoon as Mr. Tnomas Davis, of Morristown, N. J., was standing on tue street at | Peck slip, @ man named Pat ‘ihompson asked him something about a street for which he pretended to be looking: Mr. Davis did not know where it was, and told the man so, but he, instead of going away, seized Mr. Davis by the throat and stole | $140 of his money. Officer Shea saw this litue performance, and as Thompson was making off ne collared him and brought him to court. Judge | Wandell neld him in $2,000 ball to answer the charge of highway robbery at the Genera! Sessions, False Pretences. James Cotter, who, with Roy H. Shea, is chargea with sharp practice in selling goods belongivg to Ferber & Co., was brought to court yesterday af- ternoon and committed ior examination, A dil- gent search is being made for Shea, and it ia ex- pected he will be produced: to-day. ESSEX MARKET. Car Pickpocket. Before Judge Bixby. Thomas Gillett, of No. 588 Fulton avenue, Brook- lyn, while riding on a Third avenue car on Mon- day night, was robbed of a gold watch, valued at Luckily for Mr. Gillett he missed his watch before Meyer, whom he suspected ‘o! stealing it, had time to. get off the car, and had him placed under arrest. The prisoner was fully committed for trial at the General Sessions, The Court directed the More Reckless Driving. Before Judge Murray. On Monday afternoon last Mrs. Alexander M. | Ross, of No. 106 East Twenty-ninth street, was rid- ing up Broadway in a@ carriage, when a lumber cart, driven by one Patrick Cox, collided with it, thereby seriously injuring the lady. Cox was ar- | rested vy Officer Green and arraigned betore Judge | Murray yesterday on a charge of reckless driving. He was held to await the result of the injuries, FIFTY-SEVENTH STREET POLIOE OOURT. An Organized Attempt to Cheat an Asylum. Before Judge Smitn. Thomas Dunn, Thomas ‘Brennan, John Rogan, | Thomas Lacey, Charles Burns, William Skelly, | William Donnelly and Patrick Williams were | arraigned charged with the larceny of about | twenty-five tons of coal from the Lemgh and | Wilkesbarre Coal Company, whose yard 1s at the | foot of East Twentieth street. Mr. Henry L. Her- | bert, the agent of the company, testified that the | prisoners were employed by the company as | drivers of coal carts, and a8 such were intrusted | with the delivery of a large quantity of | coat to the Nursery and Children’s —Hos- pital, corner of Lexington avenue and Fifty- frst street, Through the carelessness ot the people at the institution in signing the tickets | representing the number of tons of coal received, | without seeing that they were actually aelivered, the arivers Were enabled by preconcerted ar- bao de to dispose of twenty-five tons of the coal to various grocers ‘and bakers, with whom they were acquainted, prices ranging between $3 and $5 per ton. The purchasers happened to be customers Of the company, and failing to gqat the usual time to the yard for their supplies” of Coal, the agent was ordered to find out the cause. With the assistance of Sergeant Warts, of the | 24: Eighteenth precinot, he did so, and the arrest of the prisoners followed. The purchasers, about eight in number, were also brought to court, but the Magistrate refused to receive a charge of pur- chasing stolen property against them and they | were discharged. They failed to identity any of | the prisoners; but Rogan was recognized by Mra. | Burns, of No, 322 Kast Thirty-ninth street, as one who had sold a ton of coal to her tor $3. The agent, or any one eise, tailed to connect Dunn, Brennan with the larceny and they were also discharged. Affidavits Were then drawn up against the others and they were each cominitted in detauit of $300 bail to answer. The Strikers’ Assault. Daniel Cronin, of No, 247 East Thirty-first street, who, it is alleged, stubbed in the neck Michael | Bowler, a brother member of the Plasterer’s So- | ciety, because he worked for lowér wages than the society allowed, was arraigned, and pleaded not guilty to the charge. He admitted being pres- ent when Bowler was assaylted, but denied that he took any part in the attack. Evidence was roduced-that Bowler was in a dangerous condi- jon, and, pending the result of his iniuries, Cro- nin was committed to prison. His counsel, Mr. Hugh Coleman, offered bail, but the Court retused to take it until’proof would be given that Bowler was Out of danger. QOURT CALENDARS—THIS DAY, SUPREME CovuRT—CHAMBERS—Held By Judge Westbrook.—Nos, 16, 28, 50, 66, 70, 72, 73, 76, 78, 88, 95, 96, 105, 106. Call, 117, J SUPREME COURT—SPECIAL TRRM—Held by Judge Donohue—Demurrers.—Nos, 4, 18, 25,16. issues of | law and fact.—Nos, 217, 54, 191, 192, 193, 194, 195, | 201, 202, 204, 206, 210, 214, 215, 216, 218, 219, 221, 224, 226, 11, 16, 30, 34, 43, 85, 144, 146, 163, 166, 170, | 7. | SUPREME COCRT—UIRCOIT—Part 2—Held by Judge | Van Brunt.—Nos, 3124, 2556, 1702, 3276, 1262, 1852, | 182, 3022, 1520, 1578, 1734, 1983, 90, 1518, 3376, 3624, 8356, 1868, 3516, 830.’ Part 3—Held by Judge Van Vorst.—Nos. 2549, 1657, "183, 2533, 1620, 611, 3625, | 4413¢, 1145, 60034, 2345, '236134, 3127, 637, 3619, 3617, 1475, 2827, 1105, 1041, SUPERIOR CoURT—TRIAL TenM—Part 1—Held by Judge Freedman.—Nos. 1763, 917, 1711, 1741, 41, 317, | 655, "287, 705, 861, 419, 479, 659, 379, 1503, 341, ‘Part | 2—Held by Judge Monell.—Nos, 730, 678, 924, 1294, 842, 952, 1068, 1622, 1030, 908, 392, 476, 862. ; rsa PLEAS—EQuity TERM.—Adjourned until | june 19 CoMMON PLEAS—TRIAL ‘I1ERM—Part 1—Held by | Judge Robmson—Uourt opens at eleven A.M.—Nos. 2080, 4226, 4048, 4050, 4237, 4008, 3986, 3987, 4275, 2118, | 1178, 344, 1805, 2417, 3770, 3396, 3493, 866, 1612, 2175, 1363, 410, 1214, 2477, 1264, 1036, 4051. Part 2—Held by Judge J. F. Nog. 1370, 3903, 3801, 2631, 2570, 2571, 2200, 2625, 2739, 1225, 2092, 4276, 2092, 4239, 1838, 4279, 1976, 4280, 42, 263, 3975, 1625, 4276, | MARINE CourT—TRIAL TERM—Part 1—Hela py Judge McAdam.—Nos. 4214, 5137, 5188, 3428, 6451, | 3334, 8523, 3782, 5116, 6122, 5325, 4339, 4930, 5366, 3875, 5104, 5172, 5173, 6174, 179, 6178, 5180, 6181, 5184, 6188, Part 2—Held by Judge Gross,—Nes, 4710, 5185, 6256, | 4236, 4218, 5505, 4181, 4883, 4971, 5087, 2196, 2874, 4060, | 2091, 238334, 4525, 4453. Part 3—Held by Judge | Spaulding.—Nos, 5471, 4302, 4022, 3987, 1522, 5221, | 5013, 4006, 5396, 6476, 4445, 4489, 5185, 5187. COURT OF GENERAL SESsIONS—Held by Recorder Hackett.—The People vs. Patrick Morrissey, felo- ious assault and battery; Same vs. Jacob Minker, Michael Landcra{t and Andrew Krebich, burglary; Same vs, Richard Metter, burglary ; Same vs. Joun O'Hara, Jonn a and Patrick Finnigan, bur- lary; Same va, Emeline Smith, grand larceny; | ame vs. John Putz, grand larceny; Same vs. | James T, Muihall, grand larceny; Same vs. Thomas L, Tichner, grand larceny; Same vs. Peter McKnight, grand larceny; Same vs. Louisa Germs, Maria Ivaney and Charles Fink, talse pretences, BROOKLYN COURTS. COURT OF OYER AND TERMINER, Trial of Thomas Loundes for the Killing of His Wite. Before Judge Pratt and Associate Justices, The trial of Thomas Loundes, indicted on the charge of having murdered his wife on the sth of February last, in the Eastern District, was con- tinued yesterday. With the view of maintaining the defenee of insanity the prisoner’s counsel in- troduced testimony showing the singular actions of Loundes for some time previous to the tragedy. It appeared that on one occasion he attempted io jump into the North River at pier No. 24, and was arrested and taken to Bellevue Hospital, He did not seem to be under the influence of liquor at the time, THE PRISONER'S STORY. Loundes himself was sworn and testified as fol- lows:—i came to this country fifteen years ago, from Liverpool; 1 was married to Margatet Loundes about twelve months afterward ; she was jrom Ireland; about two months after we were married, of a Saturday evening, she’d run out and get my Sanday clothes out of pawn; we used to go o church then; lL found she drank, and her habit that way inne ; the last dye years; | / member coming out of Bellevue Hospital; 1 don’t | Journ Friday, the 19th inst., to September 21, a de- | otCommon Pleas had no jurisdiction to issue a | NEW YORK HERALD, WEDNESDAY, JUNE 17, 1874.-TRIPLE SHEET. 1 lived in Mich and Canada before I came to Williamsburg; | moved West to get my wife away trom New York city; she drank, though, and | had to move to another place; i! there was a drunken woman in the place she'd’ make her acquaintance ; I put soap once in a bottle of whiskey | tound un- der the bed to disgust her; I took the pledge my- gelf to set her a good example; during the last five years we kept a book at the grocery; 1 didn’t give my wife money; the wound over my eye was done in a figit between my wife and me; my wife made the wound; | was sitting at the table one Sunday reading the paper, and iny wile tbrew @ glass at me; } believe this 18 the same wound I showed Mr. Taylor; 1 was 1n the habi' thinking about my wiie’s habits of drinking; she used to take washing to get the money for it; I left home last summer; [haa a notion of stayin way altogetier, and went to Providence, R. L; stayed only a day; | worked my way in a i don’t remember coming back to New York; I re- as @ fireman, and came back on the same Doat; remember anything between mv going on the boat to return and coming out of Bellevue; on Sunday, March 8, I went to a liquor atore and drank; we drank ail round; 1 came back home; my wite was there; she had been drinking; lay down while she was getting something to eat; I woke up soon after; the slamming of a door awoke me; I saw my wife coming in: she was drunk; 1 missed money out of my pocket; 1 accused her of taking it; she said she didn’t; we quarreled; I wanted to search her pockets, and we got tossing around; when we were wrestling I put my hand back to Save mysel!, and caught hold of the knife; { struck out with it; I don’s know I ever saw the knife before; [ don’t remember much after that; | don’t know whether | went out or lay down; | went out that afternoon; we cinched and got excited; I suppose hard names were used; I think I lay down and slept uiterwarda; it was about one o'clock; I went to Dee's about three o’clock ; then 1 went across Grand street Jerry to Mr. Duffy's, corner of Madison and Jackson streets; then I came back to Brooklyn; I was coming bome and @ policeman caught me; 1 didn’t intend to kill my wife; I was never arrested in my life be- fore. ‘The summing up for the defence was commenced by Mr. Gleason, who had not finished when the Court adjourned, COURT OF APPEALS. Decision: ALBANY, N. Y., June 16, 1874. The Court of Appeals has rendered decisions as follows :— Judgments affirmed, with costs.—The Manhattan Brass Manufacturing Company vs. Thompson; Rouvh vs. the Flushing and North Side Railroad SOURey Jewell vs, Van Steenburgh; Leach vs. ie! 3 Sheehan vs, Edgar, Jr.; Witly vs. Mat- ews. Judgment reversed and new trial granted, costs | to abide the event—Ritter vs. Worth; Sands vs, | Graves, | Judgment reversed, new -trial granted, and | costs to abide the event unless plaintiff stipu- | lave in twenty days trom notice to deduct $200 and interest trom February 17, 1865, and if plainuff so stipulate, judgment aifrmed as to the residue, | without costs to either party in this Court.—The Town of Guilford vs, Coo.ey, Judgment modified, so that plaintiff, except M. L. Tiffany and defendant, Isabella Tuffany, by general guardian, if she be not of age, shail, within sixty days alter the filing of the remittitur of this Court in the Court below and of the making of the judg- | ment of this Court tne judgment of the Court be- low, elect whether they shall pay the sum of | $20,000 and receive the release, such election to be | made known by the payment thereof to the ad- | ministrator, &c., of W. W. Fox and obtaining from | him a receipt therefor, duly acknowledged and proven, and exhibiting the same to the surviving executor o! George Fox, deceased, and to the de- | tendants, Clark and Roe, and temlering to them a release forexecution. If the sald administrator will not receive payment or will net give a receipt, then by making proof thereof to the satis- faction of a Justice of the Supreme Coart, by affidavit or otherwise, as said Jus- tice shall direct. Jf such election be net so made in that time, then the appellant may apply to the Court below for such further order at tue foot of the judgment as shall be proper, The | judgment as modified amrmed without costs to | either party in this Court.—Tilfany vs, Lyons. | Order of General Term and Special Term reversed and ao order entered directing judgment ior the Sbpellane for his costs subsequent to the tailure of | the respondent to accept the offer, including the Costs of the appeal to the General Term, to be ad- | justed with costs of the motion and of the appeals from the order from the Special to the General | Term. and from the latter fo this Court.— | The Board of Commissioners of Pilots vs. Spofford | et al., Executors, &c. Order affirmed, with costs, but without prejudice to the right of the appellant to apply fora retaxa- tion of his bill of fees, on further affidavit, if he shall be so advised.—Crofut ve. Brandt. Appeal dismissed with costs.—Ives vs. The Mem- phis, Ei Paso and Pacific Railroad Company. Motion for readjustment denied.—Barnard vs. Campbell, Hoff vs. Tobey. | ‘This Court will take a'recess from Friday, the 19th | inst., until Monday, the 22d of September. Court of Appeals Calendar. ALBANY, N. Y., June 16, 1874, The followihg is the Court of Appeals day caien- | = for June 17:—Nos. 432, 77, 28, 106, 108, 109, 98, General Term—Fourth Department. BUFFALO, N, Y., June 16, 1874. The following Is the day calendar of the General | Term, Fourth Department, for June 17:—Nos, 37, 77, 78, 89, 106, 108, 138, 142, 14434, 150. THE POLICE JUSTICE QUESTION. The Argument Before the Appeals. ALBANY, June 16, 1874, ‘The question as to the constitutionality of the act removing or legislating out of office the Police | Justices in New York city has been under argu- | ment before the Court of Appeals for two days— | Messrs, Eaton, Porter and Waterbury taking the | affirmative and Messrs. Gerry and Beach the el | ative. The argument is still goingon and will | be continmed to-morrow. Court of As the Qourt will ad. cision wil not be handed down until then, THE RYAN SALARY QUESTION, Argument on the Appeal of Comptroller Green from the Decision of the General Term. 3 ALBANY, June 16, 1874. ‘The argument on the appeal taken by Comptrol- ler Green from the decision of the General Term of the Court of Common Pleas in the case of James Ryan, who claimed his salary as Deputy Clerk of the Court of Sessions of New York while he was amember of the Legislature, came up to-day in the Court of Appeals, James Cc. Carter repre- sented the Comptroller, and Richard O'Gorman and William F. McNamara appeared for the relator. Mr. Carter argued the case ciuefly on | technical points, claiming that the Court writ of mandamus, and that the act of 1873 as- suming to conier upon it that power was uncon- stitutional, The writYof mandamus, he claimed, was a high prerogrative writ, and can o sued by the Supreme Court, and that to d power to issue it was to destroy its effec le | also claimed that the charter of 1833 proufbited the relator from holaimg the two offices, and tnat | the Court of Special Sessivns, wherein he was clerk, Was a city court. The counsel for the relator replied that the ques- tion of jurisdiction was not now properiy beiore the Court, as it should have been raised before the Court of Common Pleas. The Court of Common Pleas was not a court of inferior jurisdiction, it existed before the Supreme Court, and was estab- lished in the days of Governor Dongan, and always had the power to issue a writ of mandamus against @ public officer. Its jurisdiction was co-ordinate with the Supreme Court, and its decisions were entitled to as much respect. The question of the incompatibttity of the relator’s two oflices, it being the principal point, was discussed at i length. To produce incompatibility in its officers the counsel claimed there must be some inherent conflict and antagonism between the duties of both o‘icers which renders it necessary that each set of duties should have a separate officer to perform them. There was no incompatibility between the relator’s two offices. The point was raised, also, that the Vomptrotier had no power to question the | performance of a duty 7 any public officer, ae a statute of 1873 pronivited him irom so doing. The existence of such & power in the Coniptroller would make him lord and master of all the officers in the city of New York, THE PRODUCE EXOHANGE, Appointment of Committees, An adjourned meeting of the Board of Managers of the Produce Exchange was held yesterday, Franklta Edson presiding. The following com- Mittees were appointed :— Arbitration CommitieeArchibald Baxter, Chairman; 8. 8. Harrison, Joun H, boynwo, E. W. Coleman and | William L. Boya. Grain Commitiee—Carlos Co! ©. K. Hickox, Herman Shitze: Chairman; W. H. nd M. Hoy am 8. Jew i and John 8. Ward. ss Lord Commiitee—Stephen D. Harrison, Chairman; John H. Poole, 8. E. Hickox, Alexander £, Orr and Walter F. rush. Distitied Spirte—John D. Mairs, Chairman; Edgar P. Hit Willan & Millers Tanne Brisiowrand avert & Tal Pet William 'Rockafeller, ¢ Chairman; MoGee, Otto Arons, Frank ©. Fleming and Josiah Macy. The following names of candidates for member ship were approved :— 8. W. Donaldson, H. B, Elliman, Henry Harman, Ed- | ward A. Harriott and George”). Jones. Jacob 8. Englehart was suspended for non-com- pliance with the decisions of the Arbitration Com- | tion was made across the table in open court. | to answer any questions tending to criminate lim- THE BOND FORGERIES. Continuation of the Trial of An- drew L. Roberts. “SPENCE” PETTUS’ WEALTH IN BONDS, | A Professional Burglar on ‘Blowers’ and “Squealers.” The trial of Andrew L. Roberts, for Jorging Cen- | tral Railroad bonds, was resumed yesterday | morning before Judge Brady. Mr. Robert Murray, who was United States Mar- shal from 1861 to 1865, testified that he arrested tne engraver Olmstead for counterfeiting in connection with the cuse of Nelse Stuart. ‘The arrest was made in February, 1867, and Stuart was con- victed in the Brooklyn District Court. Olmstead was in jall for seven weeks, but was finally dis- charged, as it was found Impossible to make outa case against him, i} Mr. Portius P. Roberts, a speculator, testified that he was the first man to discover the jor- geries; he innocently negotiated a “lot? of the bonds for Mr. Seymour, alias Steve Raymond, and also for Mr. Wiliamson; he subsequently ‘dis- covered THAT THE BONDS WERE FORGED and gave the information to Detective McDougal; he undertook for himself to discover the detai!s of the forgeries; Raymond put the first lot of forged bonds in the market; he knew of his own kuowl- edge that a large number of forged bonds were put | on the market; the witness, E. 8. Noyst and N. Askins went to Allentown, Pa., to have Edward Hall, who was charged with the forgeries, ar- Tested; they brought him to Jersey Uity; Pinker- ton there met them, and in a voice which was loud | enough to be overheard by Hall, said, “Why, you | can’t bring Hall to New York if you have not the papers;” this forced them to take Hall beforea | local magistrate, aud Pinkerton then went over to | the District Attorney and brought a letter from him asking the magistrate to hold him; the Magistrate, however, decided that he could not do so and he was discharged. Mr. A. Nalmer, real estate dealer, of Indian- apolis, swore that he knew “Spence” Pettus since November, 1872; he made his acquaintance at | that time at Taylor’s Hotel; Colonel Wood INTRODUCED HIM TO PETTUS, | with a view to the transaction of certain real es- tate business; he offered the witness $90,000 Lynes | county (lowa) bonds, $60,000 Central and Erie | bonds, $200,000 Mexican bonds and lands in West | Virginia; he sent the Lynes county bonas west, and received word that they were worthless; he | then made up his mind to have nothing to do with | the other bonds; as to Mrs. Pettus, she used pro- | fane language in regard to Roberts, and swore | that she would send him to State Prison; she | said on March 22, 1874, that she would send this clique of American Jews, and Billy Wood too, to the Penitentiary. Mr. A. Naltner was cross-examined by District Attorney Phelps, It was in Fevruary, 1873, when ne offered to bail “Spence” Pettus if he would put up $60,000 bonds with him; the bail was fixed at $20,000; the bonds which were offered to him were “too cheap,’? and the extremely low price made him suspicious as to their genuineness; he re- fused to say, in answer to the question of the Dis- trict Attorney, tnat his suspicion as to the genuine- ness of the bonds was the main reason for his not | buying them; he was willing to take the bonds A8 SECURITY FOR BAILING PETTUS, although he suspected the bonds not to be genuine; he went once’to Boston, where Pettus was tried; | he did not see Pettus, but supposed he was in jail; | he _was stopping at the Park Hotel, United Staves Assistant District Attorney Purdy | Said one of the jurors was quite severe on him | yesterday for not going on with the case later in | the afternoon, Judge Brady expresse’ his regret that any juror | should have made any communication to one of the | counsel. Ex-Mayor Hall—Your Honor, that communica- | Judge Brady—t don’t care whether it was or was | not. Any communication which the jurors wish | to make in this case must be addressed to me and | to NO one eise. Mr. Naltner, in answer to further questions of the District Attorney, said he never told Mrs. Pettus | that he had negotiated bonds went to Mrs, Pettus’ house to show her a couple of Jetters which he received from Pettus; when he | said that he had the letters Mrs. Pettus said, | “That’s a lie,” and he replied, “You’re a lady; | he never told Mrs. Pettus that she had better go | to Ohio and not appear IN THE CASE OF ROBERTS; he never mentioned the name of Roberts in the conversation which he held with her. Ex-Mayor Hall re-examined the witness, He | said it was true that he was German, and that his | knowledge of English was so imperfect that he | thought in German and translated his thoughts | into English; he had property worth from $300,000 | to $360,000; he never dealt much in bonds. " Ex-Mayor Hall said that the District Attorney | had tried to make the jury believe that this man | was an adventurer, which was a perfectly unpre- | cedented line of examination for & prosecuting at- torney. | Judge Brady thought that it was not at all unfair | or unprecedented, Ex-Mayor Hall replied that when a man had painted @ great picture the world called it unpre- | cedented, e)—on Mf you meant itina | Judge Brady (smilin complimentary sense Ex-Mayor Hall=l always speak in @ complimen- | tary sense of & nileman. (District Attorney Phelps blushed.) When iscome to speak of Mrs. Pettus in my summing up it will probably not be | in a complimentary sense. A few minutes later the District Attorney called attention to the fact that he had never enforced the rule that only one counsel SHOULD GROSS-RXAMINE A WITNESS, In this case all the three counsel examined the sume witness. i Ex-Mavor Hall—Well, we think three counsel | necessary to Meet the unprecedented zeal and | ability displayed by the learned District Attorney, | (Loud laughter, in which Mr. Phelps joined.) | Ex-Mayor Hall asked the witness if he did not desire to bail Pettus for the purpose of using him as a witness in an insurance case in which he was interested, and he replied tn the affirmative, United States‘Assistant District Attorney Purdy called a witness by the name of “Daniel Davis’ and requested Judge Brady to oe satisfied if his reai | name would be Kept from the public and confided alone to the Judge and the District Attorney. He said this man (Whose real name was not Davis) | ‘Was @ professional burglar but tried to live now as an honest map, and that i! his real name were | published he would probably pave to leave his | present place of residence, ‘The witness said that he had known Olmstead, | the engraver, since 1862; he had seen Olmstead with dies for making United States coi Olm- stead had hardened burgiar’s tovis for bim lor three years. United States Assistant District Attorney Purdy jor Roberts; he | g 5 numbers of two bonds which were found in Rob erts’ box at the Safe Deposit Company. Mr, Hannan also stated that Western Union bond No, 12 (which was also found tn Roverts’ box) was sold by lim to C, Kaliston tn January, 1873, Charles H. Rosh, a detective in the United States secret service 1n 1865, was called, Mr. Purdy said he Would show that Rosh knew Olmstead ag @ counterieiter and 80 reported him to Washington. The evidence was excluded. and the Court then adjourned unti) this morning. Mr. Purdy an- nounced that the defence had only one more wit ness to call. TROWEL TROUBLES. Strike of the Brickiayers For an In- crease of Fifty Cents Per Day—The “Bosses” Determined to Resist. From present indications tt seems there is to be another strike among the bricklayers. No definite action has been takep as yet, and the strike is not general, becanse the society men are not obliged to guit work should the advance of filty cents on their present wages—$3 50 a day—be denied. Sev- eral meetings of the council have been held, but what the ultimate designs of that body are no one knows; and in lact the memvers of the council itsel! seem to be a little at sea, The Work on most of the big jobs in town has not been stopped, and it ts asserted that all the men have nov made the demand. The men em- ployed on St. Peter’s sciool have made the demand, and had their wages increased. This morning the bricklayers’ committee will meet ai the Germania Assembly Kooms, when, it is said, decisive action will be taken and a line of conduct for the strike will be laid out. If this committee decide that the strike shall be general, vhe Campaign wil be immediately opened and the society men will ali make dewand. Yesterday afternoon the Employing Masons’ So- ciety held &@ meeting at the Mechanics and Build- ers’ Exchange, in Park place, for the purpose of taking action in regard to the threatened strike. Mr. Robert Darrah was elected Crairman, and Mr, Ealitz, Secretary of the Exchange, took the min- utes, On motion of Mr. Dodd, reports from the Several employers were calied for, in order to de- termine the extent of the strike, or rather its forerunner—the demand for “more mortar,” ay the bricklayers say. Mr, Banta reported that all bis men were at work on the old basis—$3 50 a day—and no de- mand had been made to him for increased wages. Mr. Bogarbreported tuat he had suspeuded, Messrs. Andrews & Co. stated that tleir men had struck on Monday alternoon, but came back to work yesterday morning. Mr. Jonn T. Conover reported that his force of Alty men were still at work and had said nothing Of advanced wages as yet. Mr. Dodd’s men, he said, were still employed, and mare no intimation that they intended to de- mand more money. Messrs. Moran & Hueston reported tieir men as still at work. Mr. O’Brien satd that fifty men tn his employ had struck in the morning on account of nis reiusal to | accede to their demana Jor fiity ceuts per day in- crease, Mr. Felbo reported that the nfen on the Delaware and Hudson Canal Company's ouilding had struck on Monday, but returned as usual yesterday, ‘The men on Mr. Darrah’s and Mr. Weeks’ jobs are | still at work at the old rates. Mr. Edlitz’s mea struck on Monday afternoon, but were at work yesterday morning. Mr. Edlitz offered a resolution to the effect that boss masons Will refuse to pay any more than $3 50 for eight hours’ work, and ii the men demand $4 the bosses are to require ten hours’ work, which was unanimously adopted, and the meeting ad- journed. THE NEW PUBLIO 8108é8, Taking Possession by the Government, To-day the reception and delivery of bonded goods will cease at the old Public Stores, Nos. 52, £4, 56, 58 and 60 New Church, and Nos, 15, 17, 19, 21 and 23 Greenwich streets, an order having been is- sued yesterday by Collector Arthur, through Mr. donn R. Leydecker, the Storekeeper of the port, to thes effect. To-morrow morning the customs business of the government—Public Stures and Appraiser’s Dee “partment—will be transacted at the Dew and come. Modious stores, fitted up expressly for this pur- pose, on Laight street, bounded by West and Wash- ington streets. This building was formerly known as the “Merchants? Sugar Warehouse,” is eight | stories in height, and was leased by General Arthur, the Collector, irom Mr. Paul spofford ior twenty years, with the privilege of renewal, at the annual rental of $75,000. ‘This building has been entirely remodelled by the Supervising Architect of the ‘treasury, Mr. A. B. Mullett, and his assistant, Mr. G. W. steinmetz. Every other floor hag been cut away, thus making each’ story sixteen feet in height, The entire edifice is thoroughly freproof. Five steam eleva- a” to do the work of hoisting and lowering joods, The Deputy Collector of the Eighth Division will have charge of the stores and occupy the lower floors. The upper portion of the building will be utilized by Mr. William A. Darling, appraiser, and bis large corps of employés, consisting of 10 assistant apprais?rs, 1 chiei clerk to appraiser, 1 chief clerk to Invoice Bureau, 62 examiuers, 42 clerks and veritiers, 20 samplers, 3 tore- men of openers and packers, 87 open- and 11 messengers. 1to- ers and packers, gether the new Pubite Stores are an immense improvement over the present ones, and no such Calamity a8 happened in the latter part of iast July, that of being burned out, can occur in the first named. A telegraph wire connects the Cus- tom House with the new stores, thus forming in- stunt communication between the Collector and the Appraiser. The vld stores have been occupied by the gov- ernment since April, 1807, during wiich period several additions had to be made thereto to accommodate the constant increase of business, The formal opening of the new stores by Col- lector Arthur will not be made until about the 1st OX. A New furniture and fixings have been ordered for the new stores, and piracapeoramens for the handling of goods has been gpplied, ‘The location ts easily accessible to all parts of the city and contiguous to the various steamship Ines, as also the General Urder Stores situated on the North River, THE OLUB, Ante-Mortem Statement of An Italian. Yesterday afternoon, Coroner Eickhoff received @ written communication from a legal firm dcing business in Chambers street, ia which his attene tion was called to the necessity of taking prompt action in the case of Gaspor Mozziori, an Italian, living at No. 18 Baxter street, who 1s alleged to have been struck bya “billy” in the hands of Officer Michael Hogan, of tne Sixth precinct, on | the 6thinst, On tbe night in question Mozaiort, who had been drinking, had some words with a man, but some Iriends interfering induced him to leave. In running Irom the Saloon into the street it ig charged the officer caught Mozziori ana knocked him down by blows from a billy. Mozziort was taken to the Park Hospital, where the entry on the books shows tout in escaping from the oMcer nt and cut bis head, which entry, itis reported, is fale. In his statement to the Coroner, who visited him later in the day, Mozziori says, that on the night in question he had some trouble with a Ger | man, When an oflicer came up, en, eeue provo- cation, struck him on the head with his club, after said he would show THAT OLMSTEAD PRRJURED HIMSELF in saying that he never made a counterfeit dic. He would prove by this witness that Olmstead had | such & die, that he hardened the burglars’ tools ne Davis aud shared in the proceeds of the rob- | eries, ' Davis went on to say that Olmstead never re- fused to harden any tools for him, and churged him $2 apiece, i Mr. Purdy said Olmstead swore that he hardened | One set of tools for Davis, vat refused to harden | any more alter he had found out that Davis was a | bargiar. He wonid show that Olmstead actually | concocted robberies. Judge Brady, however, did | not allow thts line of examination. In his cross-examination by the District Attor- ney, the witness said he lived by his wits; he was now living on his money which he got by his wits. Mr, Phelps—Bow many Wits Lave you? (Laugh- | ter, ° tis. Davis—I don’t know ff that 1s a proper ques- tion for yon to ask, (Laughter,) Ex-Recorder Smith asked the Judge to instruct the witness as 10 bis rights. He was not compelied self or to degrade bim. The Judge so instructed Davis, The District Attorney asked him about the pia where he got certain tools from, and Divis sai “Must [blow on aman here; must I make a stool igeon of myself?” (Laughter.) ‘The Judge directed him to answer, Mr. Phelps—Were you ever in acoart of sits e? Mr. Davis—Yes, once, down tn the State of Maine. | Mr. Phelps—Weill, how did you get out? Mr. Davis—I didn’t get out. (Laughter) Mr. Phelps—Are you not now in the business? (Laughter,) Mr. Davis—When I was pardoned in Maine I made up my mind to have pothing to do witn thieves, no- how. (Laughter.) Mr. Phelps— You know smith? Mr, Davis—Yes; he’s aman who nasa very bad on & blower and squeaier. (Laughter.) Mr, John’t, Hannan, broker, of No, 11 Wall street, said he sold Roverts SOME BUFFALO AND ERIE BONDS, mittee, . The Committee on Rooms and Fixtures were in- structed to ascertain the feasibility o! raising the building and the necessary cost thereof. After the | adjournment of the Board Messrs. Jonn Camerden,, Robert W, Paterson, George G, Bartun, Frederick | Rose and D, R. Routh were appointed a Committee on Navai Stores, \ | he waS sorry, for which he subsequently ascertained to be forged; he and huis brother went up to see Roverts and told him he,was afraid they were forged; Koverts said he bought the bonds tor a woman and would have to lose them; this oc- | curred alter the account of the forgeries had been published jn the HERALD; toe nytavers of the two lorged bonds bought by Roberts Were 626 and 6: whicn he Was taxen to the hospital, The jury ren- dered a verdict against OfMicer Hogan, The latter and Captain Kennedy, however, gave quite a differ- ent version of the affair. Captain Kennedy says OMcer Hogan is one of the most efficient members of his command, and that on the night of the dim- culty Mogziori assaulted a German at No, 14 Bax- ter street, for which the officer, who was on the Opposite side of the street, attempted to arrest him, Mozziori ran up an alley, pursued by Officer Hogan, when the latter was attacked oy several taians, who knocked him down a rm of stairs, and in self-defence he was compelied to use his club, striking Mozziori one blow with it. The oMicer will be held in light bail, as Mogzion is in | BO ummediate danger. KILLED BY A STREET OAR, On Monday evening Esther Benjamin, a child two years of age, whose parents live at No. 89 Clinton street, Was at play on @ Wagon standing in tront of the house with some other children, when car No. 70 of Avenue B line, in charge of Martin Malone, an old and expertenced driver, came along at a moderate rate of speed. Just at that moment Ks- ther fell from the wagon, Which was near the track, and, striking the whiffietree, was knucked yefore the wheels. The driver instantly applied the brak but before he could stop the car the front whee! a over the chid’s y. crashing it 60 that leath ensued in @ few moments afterward. Ma- lone, the ariver, was arrested, but Coroner Woit- mav subsequently reieased him on ball. Au inquest will be held on Thursday, CITY TREASURY, Comptrolier Green reports the following dis- bursements and receipts of the Treasury yesters day i— DISHORSRMENTS, Claims vaid (number of warrants, 101), amount. $137,144 2u\we 178, amounting to. ..$167,058 ra Pay rolid (amie? of warrants 77), amounting to Total number of warrant bi From arrears of taxes, &c,, and interest From collection of assessini rei From market rents From water rents. ver roi e4, Mayor's ofl ’ From fees and fines, district courts, District Attoruey Phelps said those were ¢ Total...