The New York Herald Newspaper, October 6, 1874, Page 4

t THE COURTS. Recorder Hackett’s Charge—A Scathing Rebuke to For- mer Grand Juries. Marine Court Jurisdiction—Im- portant Question. NOVEL CROSS ACTIONS. An Extradition Suit—Italians Charged with Murder in the Streets of Palermo, Judge slatchford granted a writ of habeas corpus in the cage of Joseph Schwick, who had been committed for extradition on a charge of having perpetrated a forgery to the extent of | 66,000 thaiers at Minster, Germany. returnable on Saturday next. The writ 13 NEW YORK HERALD, TUESDAY, OCTOBER 6, 1874.—TRIPLE SHEET. self to De even impliedly approached upon sudject matters pending belore the body of Which he ls a member not only violates his oath, but he tran- Scends common law, that forbids such approaches, either In the act of the citizen or tn the con- Sent Of the juror. Gentlemen, shoud it so happen Guring the present term of your duty as Grand Jurors that any person whomsoever, excepung the District Attorney (who, when desired, be- comes your legai adviser), shall approach eitner of you ‘and seek to confer and endeavor to infu- ence you for or against the prosecution of any complaint pending before you, then it will become your duty to promptly communicate the facts to this Court, tn orcer that the person so offending may be summarily dealt with. The District At- torney has done ali in his power to destroy Oppor- vunities for this lobby infduence with “the Grand Liguess but if jurors allow letters to be written and fevered to them by accused persons or counsel or visits to be made to them at vheir places of business or bouses by friends of sus- pected persons be cannot obviate such @ scandal or frustrate the wrong intended. The Grand Jury paid the deepest attention to the remarks of His Honor, and then retired. THE TRANSFER OF TRIAL CASES. An important caze—that of Lewis Alexander, piaintuif and respondent, vs. Jacob Bennett, de- lendant and appellant—was yesterday argued in the Superior Court, General Term. The suit Was | originally brought by Bennett against Alexander | in the Superir Court, which under the amended act of 1874 was transferred for trial to the Marine Court. The plaintiff in the original action insti- tuted in the Superior Court demurred to the The suit of Mrs, Jenny Momley va. the Central | transfer, claiming that in case of an appeal such | Park and Tenth Avenue Railroad, in which she | 4>peqj would rest finally with the General Term of | claims $10,000 damages tor personal injuries re- ceived by her while riding on one of the cars of the company, and which sne claims were due to the negligence of defendant’s servants, was yes- terday commenced in Part 1 of Common Pleas. ‘The case is still on. ‘The trial of inspectors and supervisors of elec- tion indicted for violation of the Electoral law, | which was set down in the Court of Oyer and Ter- | miner jor yesterday, Was, on application of de- | fendants’ counsel, and with the consent of the Dis- | trict Attorney, adjoarned to Wednesday next, | when a motion to quasa the iudictments will be made and argued, | Apotber case has been successfully litigated | against the city In the suit of Wilham Costello, who claimed & balance of salary withheld by the action of Comptrolier Green, who reduced the salaries of the ofMcers and clerks of the Board of Aldermen for the last four months of 1871. Judge Robison yesterday, in the Court of Common Pleas, rendered ois decision in favor of the Diaintift. SCENES IN THE COURTS YESTER- | DAY. There was an overwhelming crowd of lawyers im attendance at all the courts yesterday, each carrying bundies oflaw papers and smiling over the prospect of again resuming wurk In the legal Brena, ‘rom which they have been so long absent during the protracted summer vacation. All the judges were in their assigned places and so were those summoned as jurors. A good deal of time was first consumed by the judges listening to the excuses Of those anxious toavoid jury duty. It was amusing to hear their excuses and tne perti- fiacity with which they pressed them. They did mot look sickly; but, taking their own stories as true, they were aMicted with nearly every disease to which flesh ts heir, Some pleaded ignorance of the Englisi language, and nearly every third was the victim of partial deafness. Of course, the Judges discriminated, and, while a few were ex- cused, the great buik bad to serve. Calling the calendars was the next thing, which, of necessity, occupied some time. It was astonishing to find so very ‘ew ready to go to trial, and more astonish- ing that some of the courts had to adjourn on this account, none of the lawyers being ready. In the Supreme Court, General Term, Chief Justice Davis and Judge Daniels at first occupied the bench, but they were soon reinforced by dudge Lawrence; Part 1, Triai Term, to which he was assigned, having adjourned through none of the lawyers being pre- pared togo on with their cases. The Court ren- dered no decisions on cases previously argued, as it Was generally supposed it would, but entered at once upon hearing argument of cases on tue calen- | dar. In Part 2,presidedover by Judge Van Brunt, and Part 3, held by Judge Donohue, nothing Was done, though it is probable they will get in working order to-day. Judge Barrett pre- aided at Chambers. After his long and severe iil- ness, though ue looks Low as though he had never been sick a day in his life he was warmly wel- comed back to the bench and listened to the argu- ment of motions with his accustomed patience and dignity. There was bat lttie done in the Court of Oyer and Terminer, Judge Brady on the bench, besides fetdce Jed for the argument on the motion to change the venue in the Tweed case and the trial of parties charged with the violation of the Election laws; the Grand Jury having indicted sixteen, principally Inspectors and supervisors of elections, for vio- lation of the Election laws at the last | election. The argument of tne Tweed matter, which is a were formai motion, was set down for to-day, and the other case set aown for to-morrow, When a motion will be made to quash the indict- ments. Meantime a petit jary was drawn. ‘There wus quite a protractea session of the Superior Court, General Term, Judges Freedman, Curtis and Spier being on the bench. Most oi the time was occupted in hearing a lengthy argument involving the question of the power of the Court co transfer certain classes of cases to the Marine Court. %Jn Part 1, Trial Term, presided over by Judge Monell, nothing Was done beyond calling the calendar. In Part 2 to be held by Judge Sedgwick, an adjournment took place ior one week, owing to the illness of his whe. Jadze Curtis held Special Term, but there was nothing of special interest before the Court. There was no General Term held in the Court of Common Pleas, The only Trial Term held was by Judge J. #. Daly, where an eifort Is being made to muict the Belt Line Railway Company in $10,000 damages through injury to a lady passenger on account of the cat colliding with a Hudson River | Rajiroad train. Judge Loew held Chambers, but nothing out of the common routine of motions came betore him. In the Marine Court there was the same large attendance of lawyers, litigants and jurors, and the work of the new legal year was resumed with unwonted zest. Judge Alker presided in Part 1, Juage Joacnimeaen tn Part 2, Judge Spaulding in Part 3 and Judge Gross in Chambers. Judge Joachimsen fined thirty-six jurors $260 each lor failing to put in ap appearance, the Common Pieas at the discretion of sald Court, cutting of all resort to the Court of Appeals. On motion the case was set down for argument yes- terday, when Mr. Algernon S. Sullivan ap- peared for the defendant and appellant. In @ lengthy argument counsel for the de- fendant contenged against the constitution- ality of the act providing jor the transierence of cases from the Supenor Court to the Marine Court. Section four of the act provides:—“any Other Court of Record may, in its discretion, by an | Order to be entered on its minutes afver the join- ing of issue, send any action pending therein, or that may hereaiter be brought thereim, to the said Marine Court for trial; and @ certified copy of such order shall be delivered to and filed with the Cierk of said Marine Court, and be entered by bim on its Minutes, and, thereupon, the said Marine Court shall have immediate and exclusive jurisdiction of such action, as fuli and comprehensive tu that par- ticular as that of the court from wience the same proceeds,”’ Counsel ior deiendant claimed that the act was unconstitutional to thisextent, and, tur- ther, that the S.perior Court of the city ol New York (the Court o: Common Pleas and two other locat courts) are cont‘nued with the poner ag | then bad in the State constitution of 870, The language o! section 12, of article 6, of that constitution is that such courts ‘tare con- tinued with the powers and jurisdiction they now severally lave, and such further civil and criminal | jurisdiction as may be conlerred by law.” If this language means anything it means that so long as this constirutional renumination of this Court stands, that tts jurisdiction shall remain unabridged, and the Legislature nas no right to abridge it. The mode of appeal beiore tue consti- tution of 1870 was taus:—An appeal irom an order made at Special Term would, in certain cases (of whict this is one), lie to the General Term of this Court, By the constitution of 1870, there- fore, this method of practice was confirmed— viz., that all appeals sbould be {rom the Special Term of this Court to whe General Term, and thence to the Court of Appeals. (Code of Pro., section 348.) Coapter 545 then abridges thig right of appeal to the General Term of this Court, which right was fixed by the service of summons and appearance in this Court, The appellant insists that the suitor cannot be deprived of such right without his consent, in the absence of a coustitu- tional amendment. If the case at bar is sent to the Marine Court it becomes discreuonary tn the Generai Term 0) the Court of Common Pleas, as to the right of appeal to the Court of Appeals irom a judgment of such Court. And yet 4 judgment in the Marine Court 10 this causé would be a judg- | ment in @ suit over which tais Court alone has ex- ciusive and entire jurisdiction. Aiter process has been served in this Court the Legislature bas no power to pass a statute abridging the jurisdiction of this Court to the prejudice of suitors summoned to the forum of this Court. The Legisiature may ex- tend this Court’s jurisdiction but cannot deprive suitors of the right Lo travel airectiy to the Court of Appeals—according to the way Dointed out by | law prior to the constitution of 1870, and con- firmed by such constitution. Chapter 545 does de- rive suitors of such right, and, thereiore, abridges he jurisdiction of this Court, and is in this re- spect unconstitutional. An interpretation ot chapter 545, which permits tne Common Pieas to determine the propriety of appeais in cases begun | in the Superior Court 18 great injustice to suitors. The order appealed trom should be reversed and this case retaised im this Court for trial thereof. And toe appellant Dave his costs of this appeal. The Court reserved its decision. A NOVEL CROSS DIVORCE SUIT. The case of Harriet Dietz against her husband, John G, Dietz, came up be/ore the General Term on appeal jrom an order made by Judge Donohue, denying the defendant’s motion for an injunction | restraining the wife irom turther prosecuting her | action tor divorce in the Supreme Court, It ap- , pears that prior to the commencement of this | action the husbana brought an action for divorce against the wile in the Superior Court of this city, and On a trial ol the action belore @ referee both parties were ound guilty of the offences charged, and the husvand’s complaint was dismissed and judgment in accordance with the referee’s report duly entered in the action. For subsequent offences alleged to have been committed by the busband @ Dew action is instituted by the wile In the Su- | preme Court, and the de‘endant, in his answer, sets up the decree of the Superior Court, finding | the wile guilty of adultery, and made an applica- | ton betore Judge Donobue to restrain the piain- tiff from jurther prosecuting this action while the decree of the Superior Court remained in iull force and effect, which motion was denied, mm the appeal from tue order made by Judge Donohue Mr, Charles W. Jones, on benalf of the defendant, argued that, under the statute, the | judgment of the Superior Court was a bar to the ‘wile ever maintaining any action for divorce, and | that, therefore, the Court would restrain the plaintiff’ from prosecuting such action while the decree of the Superior Court remained unmodified, | Mr. William H. Gale, on behalf of the plaintiff, argued that the decree of the Superior Court was | pot a bar to an action for divorce on the part of the | wife for new offences committed by the husbaud; that the judgment of the Superior Court under the decision of the Court of Appeals in the case of Pitts vs. Pitts stood as a judgment of convic- | tion as against the husband; that it leit them hus- | band aod wife, subject to ail the civil rights and obugations, aud that arepetition of the offence since the action in the Superior Court revived the injury and gave to the wii¢ a new and entirely dis- | tinct cause of action from that passed upon by the Superior Court, and that, therelore, the | juagment of the superiot Court could not be used DUTIES GF GRAND JURIES DEFINED. | pi this Court .s a ar to the action. oPlaintir's The October term of the Court of Genera! Ses- sions was opened yesterday morning, with Re. corder Hackett on the bench and Assistant Dis- trict Attorney Rollins appearing for the people. The Grand Jury was sworn in, Mr. Syivester W. | Comstock being selected toactas foreman, The Recorder addressed the Grand Jury as follows:— | THE ACTION OF FORMER GRAND JURIBS. | In addition to the statutes just quoted, and to | which I am specially enjoined to cau your atten- | tion, I feel it to be my duty to advert to the action | of some members of former grand juries, who, | while empanelied and acting a such would ap- | pear to have been Seid infuenced and vio- ed their Oath of office. A grand jury, gentie- nen, is the great inquest between the government | and the citizen—an institution to be preserved in its purity. The primary saleguard against undue | jnteriereuce on the one band, of a grand with a@ citizen, and upon the other, of a citizen with his grand juror, is in strict obedience to the oath taken, which requires that all matters that shall be given to the Grand Jury in charge snail be kept secret. The form ot thé oath is of the earliest origin in Eng lah law, aud has never been changed; it ts most compretiensive, and stated with all that concise- ness and perlection in meaning which iliustrated tue style of early law writers, The reasons which | required the secrecy (I quote now from @ book that deals with ‘he bistorical and philosophical } as well as with th nical sides of criminal law) | are of a nature looking to the public good, cause if the Grand Jury could jeave their room and disclose what they were doing, accused persons, who had not been arrested, could make their es pe, and persons would then ve deterred from | voluntarily going forward and iniorming of crime | before them. ‘I emphasize this subject partica- | larly at this time because it has come officially to | my knowledge that, within the pastsix months | in this county the Grand Jury has come to ve a | body quite as | MUCH THE SUBJECT OF LODBY INPLUENCES as | LEGISLATIVE BODIES | would seem to ve. Speculations as to what a grand jury will do, and even wagers upon their Probable action have become quite common in clubs end coffee houses. Even apparently con- stent and credible narrations have been pub- ‘shed concerning the declarations and sensational doings and Win of grand jaries in pending matters, and | cannot blame those VIGILANT HOLDERS OF THE PUBLIC PULSE, THE RE- PORTERS, jor what they may have done; but certainly some members of the grand juries have violated their oaths of secrecy. Minutes of some grand juries ne + distinculy shown traces as Weil us savences. oF considerations and of reconsiders- tions and references which can ouly be explained upon belief that grand jurors have ylelded TO LOBBY PRESSURE, : elther in finally finding or finally dismissing bills OUnuiounend Tue Grand Juror who 8 counsel also argued that under the code of proce- dure no iDjunction could be granted to a defend- | ant in an action, and that only a party plainttr would have the right to such relief, and under the decision of the Court in the case of Schell vs. | The Erie Railway Company the Court bad no right to stay the prosecution oi the action. ‘The Court reserved its decision. and the case ts looked upon with interest, as it is a novel ques- tion and haS never been passed upon im any di- vorce case in this State. AN ITALIAN EXTRADITION CASE. The Italian Consul in this city has applied to Commissioner Kenneth G, White for the necessary papers, under the Extradition law, lor the arrest of three Italans, who, it appears, are cnarged with having murdered 4 man named Vincenzo Framontano in the streets of Palermo, Sicily, on the night of February 13, 1573, Since the papers were issued the officers to whom their execution | bad been entrusted have kept a snarp look out for | the accused parties, in the hope of apprebending them, in which they succeeded yesterday, Captain | Williams, of the Eighth precinct; Oficer Benjamin | Tassaro, of the same precinct, and United States Deputy Marsnal John Robinson went over to No. 21 Yan brunt street, Brooklyn, and there arrested one Giovanni Mon.aleoni, | From Van Brunt street the officers proceeded to | Verona street, where they captured Vincenzo Mon- faleonl, both prisoners, Who are believed to be brothers, being charged with the murder rejerred to, From the acts that have alreaay transpired it seems that Framontano was walking through the streets of Palermo on the night in question, | when be Was assailed, as it is alleged, by toe pris oners, and also by & third Man Who is Bot yet in custody and of Whose apprehension in a short time the oMcers seem to be pretty confident, ag Framontano they believe he is now in this city. resisted desperately and courageously, but he was shot three times and hacked in a verrible manner. The turderers, ater leaving their victim dead on the street, fied, and Framontano’s body, covered with wounds, was lound some hours afterwards by some persons who happened to be passing by. Ag soon as it transpired that this aw/ul deed had been committed the Italian authorities began the work Of tracing up the murderers in various parts of ltaly, but without success, as they had fed from the scene of their crime. Injormation of @ reliable nature having been communicated to the Itahan Consul that the sas- pected parties were in this city, that official at once commanicated with the United Stutes au- thorities, who immediately issued the proper papers tor the arrest of the accused. It seems that Giovanni Monialeont got married WUers UU | AVOUL SIX MOULUs ao to a Woman who kauk @ | grocery store in Van Brunt street, and that at the | 53, 57, 58, 60, 03, 64, 69, 70, 74, 76, 77, 78, 80, 81, 8%, Moment of bis arrest by Captain Williams, who | told bim he was bis prisoner, he was engaged in | opening her store. He offered some resistance, | but handcutts were soon placed upon him, and therefore any further resistance on his part was out of the question. He was removed to the | Station house, where he remained until the other | prisoner was brought In, when both were locked up in the Eighth precinct station house, They Were subsequently brought down to the United States Court, where Commissioner Kenneth G. | White committed them im cefault of bail for ex- amination. None of the facts of the case, how- | | ever, were developed in this preliminary proceed | ing, as the United States authorities deemed it | prudent to withhold them for the present, pend- | ing the arrest of the third accused person, which, | it is expected, will be effected in a very short time. | | BUSINESS IN THE OTHER COURTS. SUPREME OCOURT—OHAMBERS, Decision. By Judge Lawrence. Jennys vs. Brennan.—Memorandum. | punish tor contempt granted, SUPERIOR QOURT—SPEOIAL TERM, Decisions. By Judge Freedman. Marey vs. New York Gaslight Company.—Upon presentation of an engrossed or printed copy of the case as now settled and containing the ex. | | hibit in full, the case will be marked, setvied and | ordered on file, By Judge Van Vorst. Ejtel vs, Bracken et al.—Motion to allow answer to be amended by setuing up payment on the mortgage granted, but not a counter-claim; cosis of motion to plaintid. Scranton ys. Osgood.—Motion granted. Morey vs, Heckmap.—Upon a@ deposit within twenty-four hours of the amount of the judgment im court and the payment of $10 costs of this mo- tion, the dieendant’s default opened and five days time to answer ordered. Spittler vs. Koenigsberg.—Order settled. COMMON PLEAS—3PECIAL TERM. Decisions. By Judge Robinson. Costello vs. the Mayor, &c.—Judgment for plain- til for $330 41. | Oberle vs. the Mayor, &c.—Judgment for piain- | | UM for $396 84, | _ Drake vs. the Mayor, &c,; Cowan, administrator, | &0., V8. same; Byrne vs. same; Greene vs. same; | Huguenot National Bank of New Paltz.—Judg- | ments for defendants. Doscher vs, Shaw.—Case settled, By Judge J. F. Daly. | Plast, administrator, vs. Brennan.—New trial granted, costs to abide event, | Scenwultan vs. Hogg et al.—Injunction continued, | costs to abide event. MARINE COURT—OHAMBERS, Decisions. By Judge Gross. Marx vs. Hein.—Motion to vacate attachment | | denied, with $5 costs, | Schuyler vs. Merrick; Mathew vs. Currier; Ar- coiveorarat Jron Works,—Motions for new trials jenied. Heath vs. Hubbell.—Motion denied, but without “prejudice, Hail vs. Newcomb: Orgler vs. Allen; Patties vs. Rosenthal; Kuntz vs. Koehler; Legier vs, McNally; Semenez vs. McKinley; Wilson vs. Klein; Quimoy vs. Oppenheim; Dore vs. Runich; Werder vs. Dore- | man; Rosenthal vs, Solomon.—Motions granted. MARINE OOURT—PABT 1. | Surors Fined for Non-Attendance. | Before Judge Joachimsen, | The following named jurors were each fined $250 | for non-atiendance yesterday :— | Joon W. Davis, Simon Mandelbour, Willlam K. | Kitchen, Thomas A. Beard, Samuel J. Murphy, Tbomas Roach, Jacob Schnitzer, William Hamberg, Reuben W. Howes, Henry Beherman, Charles A. Weatherby, William St. John, Charles H. Lock, Franklin Jennings, William Krebs, Robert J. Au- derson, William A. Robertson, Peter Keller, Mi- chuel J. Keogh, Thomas J. Roundy, John H. Miller, Adam Tiaboid. Joseph Rau, William H. Cowl, Jona- than Potter, Samuel Hesse, Church E. Gates, Charles Bunn, Howard E, bhiitips, George W. Hooker, Allan Cummings, Henry Alton, William L, Jenkins, Jeremiab Deviin, Wm. Clendennie. | The Court announced that in view of the press of business there was a necessity for the attend- ance Ol anumerous jury panel, and that the gen- tlemen summoned would have to offer legal ex- cuses to exempt them from the performance of jury duty. COURT OF GENERAL SESSIONS, Burglaries and Larcenies. Before Recorder Hackett, James Leroy, indicted for robbery in the first | degree, pleaded guilty toan attempt. The indict- | ment charged that on the 18th of August the pris- oner dragged Frederick Seulelaer into a hallway in Elizabeth street and stole $18 from his person. This youthiul highwayman was sent to the State Prison for the period of seven years. Daniel Sullivan, who, on the 3ist of August, stole | $176 worth of cigars, the property of James Hol- | lander, pleaded guilty to an attempt at grand lar- | ceny. He wassent tothe State Prison tor two years and six months. |” Charies Williams, alias Wock, pleaded guilty to | an tnaictment charging him with obtaining, on the Bist of August, $35 worth of goods trom a elerk in the employ of Thomas Sinnot, No. 232 Bowery, for | which he gave in payment @ bogus check on the Mechanics and Traders’ Bank. | . William Morgan, who on the 17th of August stole $34 in money irom the drawer of Frederick Schol- | ing, at No. 638 Hudson street, pleaded guilty to an attempt at larceny. | | These prisoners were each sent to the State | | Prison for two years. | Philp Sutton pleaded steal {rom the person of Cuaries Hoffman, on the | 26th oi August, a silver watch, vaiued at $9. He ‘was sent to the Penitentiary tor cignteen months. Disagreement. | John Keating and Charles O'Neill were tried upon an indictment charging them witn attempt | ing to enter the house of August G. Zimmerman, No. 199 Mercer street, on the 8th of August. The scuttle of the roof was broken, and the prisoners were found sleeping On aa adjacent roof, It was was testified to by the mother of one of the de- fendants and by the sister of the other that they | were in the habit of sleeping upon the roof during | the summer. | | The jury falled to agree upon a verdict and were | aischarged. Lucy Brown, who on the 2sth of August stole ladies’ wearing apparel worth $33, owned by | Sarah Stone, pleaded guilty to aa attempt at grand larceny. ‘Thomas Condon also pleaded guiiy to an at tempt to commit @ similar offence, the charge against him being that on the 1st of September he | stole twenty-five cents from the person of Wil- liam Barry while he lay drunk on the sidewalk. | The punishmen’ inflicted upon these prisoners | Was imprisonment in the Penitentiary for one year. | William F. Doyle, who embezzled $1 on the 15th | of August frou Benjamin Guthrie, by whom he | Bie employed as @ driver, pleaued guilty to petit | larceny. John Smith, James McCabe and James Gair pleaded guilty to the minor grade of larceny, the charge ae that on the 3lst of August they stole 50 worth of lead pipe, the property of Elizabeth alley. The above named prisoners were sent to the Penitentiary for six months, Acquittals, | Rosa Meyer, Who was a domestic in the employ of Zacharian Kintzler, No. 409 Canal street, was | tried upon a charge of stealing ladies’ undergar- ments and $53 in money. The evidence was | slightly circumstantial, which resulted in her prompt acquittal. | _ Thomas F, Long was also declared not guilty of acharge o1 stealing a watch and chain, worth $75, from the person of Charles McGovern, on the 17th of last month, ESSEX MARKET POLICE COURT, A Clever Ruse. Before Judge Wandell. On Saturday afternoon Mrs. Caroline Schaeffer, living at No, 84 Allen street, was called on by one | Ot the peripatetic commissionaires so oiten seen | in our streets lately, dressed in gray clothes with red trimmings. The commissionaire, whose name 18 Herman Schattman, informed her that her hus band nad met with an accident, by which his leg | was broken, and that he had been taken to Belle. vue Hospital, Mrs, Schaeffer dressed herself aa quickly a8 possible and repaired tw the hospital. | On arriving there she was informed tnat no such person as her husband had been brought in there that day. Not knowing what to make of the mersage she had received, she went straight to her home in doubt and trepidatio: when she discoverea that her apartments ha been rifled and a gold watch and chain and seven- teen yards of black silk had been carrted away. Suspicion iell on Charles Petrie, who boarded with lier, and occupied a hall bedroom opening on | Mrs. Schaeffer's apartments. He was arrested Sunday last by Oficer Farley, of the Seventeenth | precinct, and the commissionatre, Schattman, who brought the news of Mr. Schdeffer's broken | leg, identified him as the same person who met him on the street on Saturday afternoon and directed him to deliver the above message, Judge Wandell yesterday held Petrie in $1,000 bail to aa- | swer at General Sessions. | COURT CALENDARS—THIS DAY, Motion to ilty to attempting to | | concluded this task Mr. | responded to by 85, 86, 89, 02, 93, burreMeé CousT—CHaMBERS—Heid by Judge Bar- rett.—Nos. 9, 21, 28, 49, 62, 86, Call 91. Suraewg CouRt—Crxcuir—Part 1—Adjourned until October 19, 1874. Part 2—Held by Judge Van Brunt.—Nos, 3552, 8628, 3654, 3652, 2112, 2114, 2116, 2118, 2120, 2124, 2126, 2128, 2190, 2152, 2134, 2138, 2140, 2144, 2146, 2148, Part 3—Held by Juage Dononue.— Nos. 3665, 2345, 1879, 669, 651, 1407, 1679, 1365, 887, 1553, 93, 2217, 1137, 1218, 1751, 2921, 1475, 1, 1791. Supenion CouRT—TRIAL TeRM—Part 1—Held by Judge Monell.—Nos, 545, 661, 431, 557, 669, 671, 659, 469, 651, 727, 1133, 181, 673, 675, 677. Part 2—Ad- journea uatil October 12, 1874, COURT OF COMMON PLEAS—EQuiTY TERM.—Ad- journed until Tharsday, October 8, 1874. ComMoM PLEaS—TRIAL ‘TBRM—Part 1—Held 7 Judge Loew.—Nos, 1991, 1892, 2019, 1692, 195, 1711, 1035, 600, 546, 1028, 562, 437, 1672, 525, 95, 782, 924, 369,'1009, 1921. Part 2—Held by Judge Daly.—Nos. 1976, 1815, 344, 1153, 1154, 1155, 1157, 1158, 1159, 1160, 1161, 1162, 1164, 1165, 1166. MARINE CovntT—TRIAL Taxm—Part 1—Held by Judge Grosa,—Nos. 196, 122, 131, 132, 92934, 565, 87, 24, 25, 68, 69, 271, 1005, 1020, 1083. Part 2—Held oy Judge Joachimsed.—Nos, 203, 265, 197, 218, 046, 948, 1038, 1 1040, 286, 287, 288, 289. Part 3— Held by Jud, , 548, fe Spaulding.—Nos, 214, 139, 1: 355, 385, 13, 213, 258, 480, 1037, 920, 945, 387. CoURT OF GENRRAL SB8810NS—lHeld by Recorder Hackett.—The People vs. John Sheehy, robvery ; Same vs, William Goetling, felonious assault an battery; Same vs. Thomas McCarthy, felonious 4s- sault and battery; Same vs. Michael Tully, bur- glary: Same vs. Abraham Moalklin, burglary; Same vs. William Buros, grand larceny; Same vs. Wil- Mam Moore, grand larceny; Same vs. John White, grand larceny; Same vs. John Clarke, grand lar- ceny; Same vs. Edward Wilson, grand larceny; Same vs. Owen McGinty, grand larceny; Same vs. John Glimore, grand larceny. OQOURT OF APPEALS CALENDAR. ALBANY, Oct. 5, 1874, Court of Appeals day calendar for Tuesday, Uc- tober 6:—Nos. 162, 165, 166, 167, 168, 171, 164, 172. THE GREAT SCANDAL. The Tilton-Moulton indictments—Dis- trict Attorney Winslow on the Sub- Ject. Yesterday morning, between nine and ten o'clock, Theodore Tilton visited the office of Dis- trict Attorney Winslow and requested permission | to see the Grand Jury ust for the July term of the court, Mr. Winslow acceded to his request, whereapon the defendant in the suit brought by | Rev. Henry Ward Beecher for libel proceeded to list of names. Having Tilton next called Morris, and make a copy of the upon his counsel, ex-Judge both men then visited Mr. Winslow. The lawyer and the prosecuting officer for the people held a protracted conversation, the nature of which did not transpire. Mr. Moulton and Mr. Tilton were both formally notified of tne fact that they had been indicted by the Grand Jury. Speaking with regard fo the indictments yester- day the District Attorney said the complaint went to the Grand Jury in the regular way, and so far as he was officiaily concerned he was nut even consulted by the Grand Jury in reference to it, nor did he have any communication with them on the subject. He could not see that this indict- ment would affect Mr. Tilton in the suit brought by him against Mr. Beecher. It wasnot yet decided, he satd. which suit would be tried first, He did not know when the indictment would be tried, as the lawyers did not seem to think it practi- cable that the case should be tried im- mediately, as demandea by Mr. Tilton. The finding of’ the indictments against Mr. Tilton and Mr. Moulton was not a sudden move, as he under- stood some days ago that on Mr. Beecher’s return he would take some affirmative action, but whether it would be a suit tor damages or an in- dictment for libel he was not informed. The opinion prevatiee that it would be more fitting to proceed by indictment than bya civil action for mere money damages. He had hoped that all this business would steer clear Of the District Attor- ney’s office, but it seems impracticable. If Mr. ‘Tilton and Mr. Moulton were wrong they would be overtaken only by justice, and it was time, in his judgment, that justice be done, The case would ge entirely upon the evidence, THE CHURCH OF ST. TOADY. Which Is the Worse, the Pastor or the Congregation t New York, Oct, 5, 1874. To THE EDITOR OF THE HERALD :— The American people, whether justly or not, have obtained the unenviable reputation of toadying to wealth, power and social position, but Lam not aware of many instances where the charge could justly be laid at the doorof the Catholic Church. On the occasion of the celebra- tion of solemn high mass at St. Bridget’s church, yesterday morning, @ scene was enacted which Tivals the outrageous exhibition at Plymouth church on the acquittal of the Rev. Henry Ward Beecher by the Investigating Committee. The circumstances, as I witnessed them, are as fol- lows :—It was stated in the public prints that a solemn igh mass would be peNormed at utenant bride ld be St. Bridge's church, and that Thomas W. Fitch and hig present. Long before the ceremony com. menced the edifice was so packed that it was dangerous to be within its walls. The pew directly 1n iront of the altar was reserved for the bridal party; but the centre aisie, through which they were compelled to pass, Was packed with people like herrings in @ box, Even the steps of the altar were not sacred, a8 men, Women and chil- | dren were standing upon them and chattering away as they would atacircus, When the bride and groom were dragged up the centre aisie a rush ‘was made that was simply disgraceful. All over the church, and even in the galleries, people were standing up in the pews and pulling and hauling to get a good look at “the show.” So true is (his that the officiating priest (Father Mooney, as L atterward ascertaimed) stood up on the stops of the altar and called out in an excited voice, “I'll stop the service; I’ stop the service. Vo you | i174 9 117%; do. ten-forties, registered, 111% a | $) hear me? I’ll stop the service if these proceed- ings continue. It’s a disgrace to the house of God. It’s the duty of every one to sit down, and it’s the duty of those near any one standing on the seats to make them sit down.’ These remarks were some one ip the crowd with a distinct “Hear! Hear!” Betore the ceremony commenced several reporters were con- ducted inside the altar railings, Where they amused themselves during the service. But this is not all. The acme of toadyism was reached when Father Mooney, after having given out the text and beore commencing nis sermon, said:—‘Dearly beloved brethren, fore giving any explanation Qf the text, let me begin by welcoming to the house of God, and especially to that which is under the patronage, of St. Bridget, our young friends, the bride and bridegroom, who are with us this morning. 1 do this not only in my own name, butin the name of all present, lor I feel assured that this vast assemblage have gathered together in this sacred edifice not only to pertorm their religious duties, but aiso to give expression to their respect for the dae young couple—a respect which is felt not only in this community and State, but throughout the entire country.’’ In conclusion, I nave only to say that | have at- tended special services in Catholic churches many times, not only in this country but abroad, but never in my experience have 1 witnessed such ab- ject toadyism, or such outrageous proceedings as occurred in St. Bridget’s church yesterday mern- lng. AN EYE WITNESS. Is Mooney Moonstruck ? To Tae Epitor oF THR HERALD:— I am told (for I was not there myself) that Fatber Mooney told his congregation yesterday that the Mass of that day was in honor of Fiteh and his bride, as well asin honor of God. Can it be possible that any priest could allow himself to “gtep down and out’ to such @ degree? Poor Fitch and his sensitive bride must have been the most mortified persons in the congregation. When old Hughes was alive such toauyism would not have been tolerated. INDIGNANT CATHOLIC. A NOBLE WORK, To Tae Epitor OF THE HERALD:— ‘There is in contemplation a charitable erection of vast magnitude, embracing a Home for the aged males of Israel and all other creeds, which will be dedicated to the Most High Jehovah, that His name may be raised to the highest heavens. It is the intention of the humble Jounders of this holy scheme to have & place of worship for all the creeds of its inmates so tha’ may be proclaimed by all His creatures, The names of the tounders of this great ana godly charity are not yet made public. The plans, however, of this holy and nobie enterprise are in course of preparation by one of our leading archi- tects and will shortly be consummated, wuen the structure will be promptly erected, It 18 earnestly solicited by the founders of this holy undertaking that prayers for its success be offered in all the Temples, Synagogues, churches and all places of public worship in this city and throughout the Union. ‘The grounds for this vast and godly Catt aad have dlready been decided upon, CHARITY, THE INDUSTRIAL EXHIBITION OOMPANY, A second series of drawings of the bonds of the site and building of the Industrial Exhibition Com pany was held yesterday in Steinway Hall. The fo- lowing are the numbers of the series drawn :— 6,987, 2,700, as 9,980, 6,825, 3,833, 5,481, 7,678, 270, 6,503, 5,459, 4,172, 4,816, 1,995, 8,963, 4,639, 1,190, 2,731," 2,711, 2,217, 6,189, 8,565, 8,619, 8,580, 4,664 1,258, 7,761, 1,762, 6,084, 1,010, 9,228, 6,691, 7,823, 4,382, 2,704, 7,047, 6,600, 8,077, 2,880, 547. The aljlotinent of premiums Will take place, ac- cording to the plan of redemption, on Monday, Hrecemb | Srprem CoonT—GENenaL Terat—Held by Jadges Davis. Daniels dad Lawrence. Nos, 35, 44, 1a, ate | comprising the above forty series, Will be re- deemed, and premiums, amounting to $150,000, Will be disuibuted among said 4,000 pondhgiders, the name 01 God | er 7, 1874, when the 4,000 premium bonds, | FINANCIAL AND COMMERCIAL the Stocks Unsettled and Market Feverish. GOLD STILL FIRM. Where Idle Money Is Seeking Investment. WALL STREET, } Mownpay, Oct. 56 P, M. If tt were not for the abundance of capital lying idle in our banks, and the impossibility of placing the same even upon so favorable terms as two per cent, we should have witnessed no such soda water effervescence in the New York stock market as that which has been described trom day to day for the last six weeks. The general condition of the country, the earnings of railroads and the poverty of trade did not warrant any great ad- vance. The recent speculative movement, there- fore, was entirely local, abnormal and unnatural. Outside of Wall street one may search in vain for any corresponding signs of improvement. It is not safe, however, to infer that because specu- lation is thus circumscribed and peculiar toa single neighborhood it may not result in still higher figures than those yet quoted. Several stocks | are spoken of, around which cluster the bopes of | investors, and it is confidently believed by them | and their temporary allies that a further upward movement canuot be successfully resisted, Pre- dictions may prove true, yet final results will demonstrate that laws of trade are superior to individual diagnosis, and that an attempted manip- ulation of facts and figures in the face of these laws can result only in disappointiwent and mis- fortune. THE GOLD MARKET to-day shows much firmness, 1t was sustained not merely by a strong undertone, but by the logical | events of a season that points to a more valuable ase for coin than has attached to it jor many months. Tne country is tremendously tn debt; the American crops are short; the European crops are so generally good that we shall | not probably be called on to supply a | deficit; foreign balances are against us; | | money is stiffening in Europe; disturbances are reported to have occurred, and, in a sentence, it may be said that while there ts little use for gold in this country, except such as the government and corporations use for the payment of interest on bonds and merchants use for customs, the de- mand upon us from abroad 1s fully equal to our sources of supply. Between our balance of trade and our national indebtedness we have, theretore, burden to bear well calculated to make the gold | market Jeverish at all times, and it is easy to explain why it should be firm now. The prices to-day were steady, most of the sales being made at110a110%. The rates paid for carrying were 1 and 8 per cent. Loans were made flat. OPERATIONS OF THE GOLD EXCHANGE BANK. Gold balances... + + $1,608,985, Currency balances 1,773,065 Gross clearances . 31,361,000 CLEARING HOUSE STATEME! Currency exchanges. $101,070,840 Currency balunces 4,154,854 Gold exchanges 10,971,754 Gold balances. + 1,335,070 | 2 MONEY, Money continues casy on call at the previously quoted rates of 2and 3 per cent. It is observable, however, that the discount market is firmer, with quotations of prime business notes at6a7% per cent. Foreign exchangets dull, yet firm, 4 8443 @ 4 85 veing the nominal price for bankers’ 60 days sterling and 4 87), 4 88 for demand, Commercial bills are scaree. Continental steady. Reich- marks, 95 and 96. Cables, 963. Prime Paris, 5.1555 and 5.1334. THE UNITED STATES TREASURY. 1 The internal revenue receipts to day amounted | to $566,000. Receipts estimated for October, $8,750,000, The national bank notes received for redemption amounted to $105,000. The customs receipts were $385,000. The Assistant Treasurer to-day paid out $30,000 on account of interest, and $28,v00 in redemption of five-twenty bonds. GOVERNMENT BONDS. Government bonds were firm in late: afternoon dealings, The transactions at the last board aggregated $101,000. The following were the latest quotations:—United States currency sixes, 117% & 11734: do. do., 1881, registered, 1174 a | 11734; do. do, do., coupons, 118 a 118%; do., five-twenties, 1862, registered, 1091 a 100%; do. do., do., coupons, 11234 @ 113; do. do,, 1864, regis- tered, 11134 a 112; do. do., do., coupons, 115% @ 115%; do. do., 1865, registered, 112% a 113; do, do., do., coupons, 116%; a 11634; do, do., 1865, new, registered, 1154 a 115%; do, do., do., coupons, 115% & 11634; do. do., 1867, registered, 11644 a 11644; do. do., do., coupons, 117% @ 117}g; do. do., 1868, registered, 116% a@ 117; do. do., do., coupons, 1113g; do. do., coupons, 11134 a 112; do. fives, 1881, registered, 112% a 11234; do. do., do., Coupons, 112% a 112%, STATE BONDS were quiet, and the chief transactions were as follows:—New York registered Bounty Loan sold at 108, Missouri funded bonds of 1894 at 924, Ten- nessee old ex-coupon at 56, and Tennessee new eX-coupon and new series at 55. THE FOREIGN MARKET. Money in London was reported active at 3 per cent, the same as the bank rate. Rentes were lower in Paris. The Bank of Prussia is reported to have aavanced its rate of discount to 5 per cent, as a consequence of the shipment of specie to France. The New York Central and Hudson River Railway has recently placed ou the London market 7 per cent currency bonds identical in point of se- curity with the general mortgage 6 per cent sterling | bonds, quoted 105 a 107, but yielding a higher rate of interest as 7 per cent currency at present rate of | exchange yields 6% ber cent sterling. The com- mittee of the Stock Exchange have ordered the above to be quoted in the official list. The amount of bullion gone into the Bank of England on balance to-day is £7,000. United States ten-forty bonds, 104; New Loan, 1044; Erle Rallway shares, RAILROAD BONDS. These to-day were moderately active and tlina- trate the demand made by those who are seeking solid investments. New York Central firsts sold at 109%, New Jersey Central firsts, new, were steady at 10044, Morris and Essex sevens Of 1871 at 965s, Michigan Central sevens at 99%, St. Louis and Iron Mountain firsts at 87 and ©., C. and 1. C, firsts at 72, Albany and Suequehaana seconds rose from 99% to 100 and Rock Island sevens de- clined from 10634 to 106, Union Pacific firsts ad- vanced to 88, sinking funds having sold at 7434. Centrai Pacific bonds closed at 93 to 9344 and Union Pacifics 87% to 88 for firsts and 85% +0 86% tor land grants and 74 to 74% for sinking funds, THE STOCK MARKET. The stock market to-day was, in the strictest sense of the word, ‘“ieverish.”” The bulls were not rampant and the bears were timid, Prices, thererore, were changed but @ trifle, and not enough to indicate the activity of any purpose by either side, There was a slight disposition to de- press prices in a few stocks, and the figures in the mew or table will show that tt, wag moderately succesgiul, Dut in tne main the market may stifl be described asfirm, The week may show some remarkable changes, for the conversation of the street, out side of the “pools,” does not favor a atyle of finan- cial upholstery that is so utterly at variance with the generally poor conaition of the country. The annual report of the CHICAGO AND NORTHWESTERN RAILROAD COMPANY was issuea to-day, The following changes from the report of last year may be noted:—The tn- crease in the length of the road was 136 miles. The increase in the capital and bonded debt was $5,015,000, Increase in gross earnings, $1,856,000, Increase in net earnings, $155,722, President Keep tn his report speaks of the antag- onism that has sprung up between some of the States and railroad management. He says that most Of the railroads in that section of the country were built by money furnished by Eastern or foreign capitalists, and refers to existing laws regulating freiguts as palpably unjust and repugnant to all principles of equity and to all the provisions contained in the charter of the company, stating likewise tnat, under the advice of the most eminent counsel im the country, the company had determined to test the constitutionality of the act. It is also added by the President that he believes that the people, when the pending excitement subsides, will demand the repeal of the obnoxious measure and sO prevent the recurrence of @ great injustice, The extreme RANGE OF PRICES IN STOCKS and the number of shares sold are as follows New York Central Milwaukee and St.Paul 34 Milwaukee and St.P’L. pl 53 Pittsburg .....+ ooo 81 Del., Lack. and Western 107 New Jersey Central.... 10434 Tlunois Central......... 91% Union Pacific. 37 68 12% . seee 2676 250 Han, and St, Jo. pret... 323 100 Ohio and Mississippi. 2B 7,500 Boston, Hart. and Erie. 1% 100 Panama, vee 114 50 Western Uniot . 81K 80% 31,050 Atlanticand Pacific pref 1134 Wg 200 Pacific Mail, 49% 45g 34,000 Morris and Essex. 973% 91% 100 Adams Express... 108 103 50 Amer. Mer. Union Exp. — — 10 United States Express. 67 67 25 Jron Mountain, 16 15 300 Bauk of Comme 1s 115 100 Total sales......, seveeeree cesses s 202,983 SALES AT THE NEW YORK STOCK EXCHANGE, Monday, Oct. 5—10 A. rah) Before Call. 1500 shs 60) shs ChikNWRR.. Buy tuo do. West Un Tel do. 23. ih 2B a7 2) 10:15 and 11:30 A. M. $500 US e, °67. $1000 U S 6s, c, "81 10)) U 5-20, ¢,'65.... 1163 2000 do. eee LTS 2.00 US Sac, 65, n.. 6° 1000 US 5-2), r, 167... 116) U0) US 5-20,r, "vo D.be 115% 19000 US 5-20, 'r, '68.b 6 Hey First Board—10:30 A. M. 100 shs Harlem RR.be 129 NW be Luchié 3956 600 di 30% ey 3 i = 39) 100 do. 3u 10000 Mor & Es 7’s,'71 400 39! 6.00 H & StJos’s,con 78 300 do. oa 538 1000 Buff & Erie new. 97 100 Chi & NW pf....bc0 56% 25000 \ Y Cen lst, c. lo 10) Brie RR. . ey 19000 Cen Pac g bas. M3 lod a 12000 Un Pac RR ist bie 5 10000 do. i 200 877% 190 100) Un Pat 86 400 10900 Un Pac 8 1, 100 35000 do. 4% 200) St L & 1M Ist. T 100 9shs Cent Nat Bk. 1400 5 Fourth Nat Bk, Ww 1B ou, batts dd eare Pegeagtscees & =; tad Py a0: 5) Panama 1) Il Cen KR. a Clev & Pitts, gt 33 e c 10 do. 1000, C, C &@ TR. 10) Mil & St Paul, ..b 1500 0. 000 0. 30 Milé StP R pt. 300 a 0. < 80 Chi, B&Q RR. 5) Del, Lack & W. 1) Tol'& Wab. 800 = e = = aT RR SBBSeBE eae: es | | 300 StL, 1M & 8, 15 31%. Paris despatches quoted at 61.87%, a decline | 100 Han & StJ Rik! from the opening of the morning market, Amert- Bees Et can securities weak. Ten-lorty bonds declined to | c.0 i 104, The New Loan declined to 104, a decline of ae Hi % 9 % percent, London reports state that there oe i was “a panic on the Stock Exchange to-day in 12:30 P. M.—Before Call. South American stocks, consequent upon an insur. In Py 1000 shs Un Pac RR. rection in the Argentine States, lwo do. bs 3 NEW YORK CITY BANKS. iy as ‘The statement of the New York city banks for ee a By, the week ending October 3, shows the following | on 100 do a | 800, 3 results: ino do Fa Loans.. + $281,277,000 | 60 do Wwe Specie ... + 18,374,200 | 20 Pittsburg RR.....¢ Legal tenders + 63,966,100 | 400 20 Ohi & NW RE...85 BY Deposits. 2 236,925,900 | aye ae 83 Gireniation . 25, 419,600 ww do. Clearings for i: | Ww do. DOF 26... .0cseserssesscvovecrsceveceees 405,048,051 | at N J Cent Clearings tor the week ending October 3 616,055,766 | {WU Mil £ Str RR, Balance, September 26. + 20,409,555 oa Balance, October 3... . vee 23,169,361 | 10 U SOs 4, BL... 17% $3900 US 5.20, ©. Usa e 65 11., 115s3 100 ao... ‘ein.be 116 3000 US W.40, 6. be 16g 400 U 8 10. e+e 116% 10000 US O's, Second Board—1 P. 6 208 sha L8&aM 8 RR. Ped BO do bs $10008 © 6's, n, non ft. x 33 GOW Lenn '%, 1, iu0 ‘Tenn 6's, 0, jou) Teun 0” 41D, pees ee 4 1900) Mor 500) Mich © = Eg 4eeee Lovo Alb & Sus zd... 20000 ow... 400 aba Bank of Gaun.. Ee