The New York Herald Newspaper, October 13, 1874, Page 13

r HAVGMEYER ON KRLLY. A Kiickerbocker Kick Against the Tammany Tiger. ARE FIGURES STUBBORN THINGS? Bow [elly Summoned Jurors and Charged for Convictions. ‘The Golden Days of Willet, Lynch and Connolly, After patiently waiting for more than ten days ‘(0 which to reply to John Keily’s answer to the pweepng charges of wmalicasance and other ertmes, alleged to have been committed while Sherif of this city, Mayor Havemeyer at last fur- nishes the public with his second statement in answer to the letter irom the ex-Sherif dated Octoter 1, The document from the Mayor is as follows :— - ‘AYOR'S OFFICE, Oct. 12, 1874. ‘To Tex CrrizENs or New Youk:— 3 On She 18th of September | addressea through ‘the newspapers, to John Keily, formerly Sherif of this city and county, a letter, in which L charged him with fraudulently obtaining large suMSoOf money irom the public treasury, On the Ast day of October he pubiisued a reply, in which, a4 will be seen, he substantially admitted the truth of the most serious of the charges. His Jetter was characterized, however, by such bold assumptions of denial, such a reiterated display ‘of two or three unimportant inaccuracies in any letter, and such ubjust charges of false accusa- tions against me, that the reader of it might well have supposed the questiou at issue was my falli- bility rather than his honesty. I cannot, however, ‘have any further correspondence with him, Neither my seli-respect, nor my sense of official propriety, will permit that. 1 present to you, therefore, not merely proois conclusively sustain- dng my former charges, but also the results of further investigations, You will find them of great public eneestace and deserving your serious con- sideration, An impression not unnaturally prevail, to some extent, that the exposure I have made of Kelly's frauds was induced by vinvictive feelings. I admit that when I commenced the work I one ae by a desire to punish him, if 1 could, for his apalevolent course toward me. But ag the evi- ence that he bas been guilty of frauds that must @ebar him from the society o: honorable men has in- @reased in fulness and strength any merely per- onal feeling has been lost in my sense of the se- ‘ous character of the developments. If there ‘ere any traces of resentment in my letterto him y have no influence with me now. I make charges of gross frauds, not only against him, but against his two immediate predecessors as Sherid, Oth Of whom are dead. Justice, there.ore, to the dead as well as the living, demands that I shall present only indubitabie facts, and that you shall not condemn uniess the case is clear and con- ciusive. KELLY'S “BEGINNING.” Before proceeding to the merits of the matter {t is proper that I should notice one pointin Keily’s reply to my accusations. In making them I char- acterized an amazing assertion in his first letter to me, that the corrupt Lammany corporation ‘controlled py him and Morrissey is “the only re- form organization in existence here to-day,” as ade With ‘an audacity burn of a low beginuing taised to an undue elevation.” He has endeavored ‘to use this expression in such a manner as to ‘create sympathy for himself and excite prejudice against me. He says:- ‘ll, when you say that J was ‘born of a low beginning,’ you mean that my father was @ poor man, you are right, for about the only time in your lengthy epistle. I have never denied, it, and am not ashained of it. If you desire to insinuate that my parents, although poor, were not respectavie and honorable, you assert what is not true, * * built myself up without the aid of my parents, my father having died in my infancy.” I did not say that he was “born of a low begin- ning,” but that his ‘audacity’ was, and 1 wouid have been absurd to speak of his dead father as “raised to an undue elevation.” I will wake, however, what I intended to intimate so clear that it cannot be misunderstood. The great misfortune of losing bis jather in infancy left Kelly exposed to the evil association of the streets in this great city. In consequence, when the dem- ocratic leaders of that day looked for a candidate residing 1n the Fourth, Sixth or Fourteenth ward, to defeat Mike Walsh, a young man o/ some ability, who, avowing himself to be the leader of the “Sub- terraneans,” had been elected from that district to Corere Kelly, at that time an Aidgerman, alth h but little more than tuirty years of age, was selected as the candidate, because of the abil- ity which his associations gave him to compete ‘with Walsh tor the vote o/ ‘the roughs.”” In this manner he was sent to Congress. Whether he was elected or counted in is now of no conse- quence. A career Of honor was thus opened to him, which he could not have claimed on the score of age, capacity or merit. I have heard, and re- peat it to his credit, that he endeavored after his election, by diligent study, to qualify himself for ublic duties; and itis generuily conceaed that e has been attentive and Vigilant’ in performing the duties of every office he has held. But his case aptly illustrates how diflicult it 1s in after lue to make good the wasted opportunities of youth. ‘The misstatement upon which lam commenting isa fair specimen of those which pervade every part of his answer. His ioolish tnreats in respect to my exposure of his frauds are yet fresh in the ‘public mind, and it is only two years since that at & meeting of the Democratic State Committee, he went up to Mr. Creamer, one o! the members of Congress trom this city, aud threatened to whip him for daring to say that ‘he tad no property but what he had made out of public offices, and most of it by the assistance of ‘tweed.’ Such conduct 18 usually “corn of a low beginnmg raised to an undue elevation.” AUDITOR WATSON, Another matter shouid be settled here, because it dears upon the whole story of the trauds. Jt is Kelly’s connection with James Watson. 1 shared in the general mistake of supposing that Watson ‘was first employed in the Suerill’s office by Kelly. It appears that he was there beiore Kelly became Sherif. But Kelly says that my assertion that Watson receipted some of his bulis is “iaise.”” Such is the hardihood with which he makes assertions. His bilis are public. records, Those for the quar- ters ending June 30 and september 30, 1860, and aD extra bill jor fees in eXcixe Cases are receipted by Watson, and no person but Watson or himselt received any of the moneys paid to him by the connty during his first term ot office. He does not deny, ior he cannot, that he knew, while Watson was in nis employ, what bis char- acter Was. Tile lacts are as iollows:—Watson and his brother were iu business as partners in this city. Becoming insolvent they turned their re- maining Drcnerey into money and decamped to California, They were brought back, upon a requi- ‘sition by the Governor of this state, on a charge of embezzlement. For some reason that I do not Know they were not prosecuted upon the criminal charge, but remained in prison as traudulent debtors. They applied to the Court of Common Pleas before Keily became Sheriff for a discharge trom their debts under the insolvent laws. The Supervisors over thirty years ago, without authority of law, agreed to allow the Sherif $1 for attendance at the Gab 4 of each panel of juro: Kelly admits that he included in his bills attendance at the drawing of jurors to try private ‘causes. I put down his charges for 365 panels ior the criminal courts as excusavle and for 822 for the civil courts.as illegal, CORRECTNESS OF KELLY’S FIGURES. I give his statement of bis receipts from this ounty fer the year 1860, as reported by him to the egisiature, contrasted with the amounts he ac- tually received from the city. Reported Received ure, unty. Summoning jurors for Court of Ses- sions, Oyer and Terminer, Marine napantog coavisdsns t6;ihe bare fren 9NNO fang conv ie. tary of Sat ‘ae 8,739 50 9,105 60 ey ttn Me oe 2,094 00 1,971 75 ‘0 f rn iner, mmoning constavles, aud ser {ny election notice i se se Reimbursement of moneys paid out 485 00 405 35 Fees on execution of murdere: 50 00 Serving papers in excise case: 711 20 60 $17,372 10 16/285 60 Excess of receipts over amount reported for ine year 1860... “ $1,086 50 Tt is noticeable that for disbursements and for conveying prisouers, which are charges authorized by law, the amounts reported were in excess of the receipts, but ¢ oi the other items was un- derstated. The total amount reported as received irom the county $1,086 60 less than that actually received according to lis receipted bills now on file, In the proceedings o! the Board of Supervisors for 1859 (page 323) 18 a resolution adopted on a report by Tweed to pay Kelly $467 23 for Work to his office, ‘such as painting, papering, cleaning and fixvures. VALUE OF THE SHERIFI’S OFFICE, Kelly labors severely im nis defence to make it Qppear that the Sherif’s office is hurdiy worth hav- ing. Itis very strange, 11 such be the case, that the office-seekers should make desperate efforts to obtain it. Kelly himself was well understood when he first took the office to be a poor m: le has since attended to its duties and to politics and has travelled abroad. Yet its profits have made him a rich man, for such he is now conceded to be. He backs up his attempt to show that the office 4a of little vaiue by a letter irom the present Sheriff, Bur the office now, under the United States Dankrupt law, is somewhat different from the office that Kelly had. All efort of that kind, however, is a mere “pegging of the question.’ itis absolutely silly. It the Sherpl’s Ofiice does not afford a fair com- pensation for the labor and cost that it imposes, | pervisors for the TOnsy and for the resvonsibiliies, wich are great, the | oper way to do would be to present the matter lor the action oO: the Legislature. But, surely, no Inadequacy of that kina presents the least excuse jor obtaining money from the county treasary on fraudulent vills tor services Dot rendered. CONVEYING PRISONERS, The state pays for taking convicts to State Prison, leaving the county to pay for conveying prisoners to other prisons, The rate of payment was, Many years ago, the subject of controversy between the Sheriff and Supervisors. The only Provision of law upon the subject applicable to | tals city and county ts the following :— Pres to nirrs.—For every person committed to prison, thirty-seven and a half cents; for every person discharged trom prison, thirty-seven and a halt cents Gth ed Rev. Slat, vole & paye 1,00, When KELLY'S FIRST BILL was presented to the Board of Supervisors one of bis personal friends offered a resolution, woich | was adopted, that the Committee on County Of ficers report “the nature of the service charged | jor by the present and the late Sherif,” for con- veying prisoners, &c. Tweed reported that W. let had charged in part of his bills “ior the trans- | portation of both vagrants and prisoners,” that | “vagrants” were ig ag tl at the expense of — the vounty through the Almshouse Department;’’ that Kelly had not “charged for this class, wlio | are transported by the suid department, believing | tuat he was not warranted by law in so doing,” | and that Willet claimed that “the charges were | legal and the statute fuliy justified them.” The | | | committee reported a resolution requesting the opinion of the sey hero Counsel, but the Board would not adopt That office was then held by Richard Busteed, and as Kelly believed that the law did not authorize the preposterous ciaim there was no occasion for Busteed to say anything on the subject. KELLY’S CONSCIENTIOUSNESS. Tt is an important tact, which should not be | overlooked, that not one of the four quarterly | vouchers on which Kelly obtained $20,191 OL from | the county Jor his first year ag Sheriff, includes an | amidavit of any kind. The Board of Supervisors | appear to have allowed his bills in the tace of an | express provision of law (5th Ed., Rey. Stat., vol. | 1, page 855) that ‘no account shall be audited” by | any Board of Supervisors unless accompanied by an amMidavit “that the items of such an account | are correct, and that the disbursements and ser- | Vices charged therein have been in fact made or rendered, or necessary to be made or rendered,” Keily swore to the bill for his fifth quarter, It would seem thereiore that it required tilteen months for him to nerve himself up to the oath. 1 ain willing to give him credit for not wishing to Swear to such bills a3 he presented, but 1do not see that aman who deliberates over temptation for fitteen magths ana then yields is to be more favorably regd¥ded than one Who acts under the impulse of interest or passion. Tonce said that he .couid beat any of his prede- cessors, and I will here prove that the remark was Just. ‘ilet, although he obtatned pay for ;both vagrants and prisoners, appears not to have ciarged twice for any of them, Kelly wonid seem, by the Jollowing statement, to have charged twice lor the prisoners :— Willers Kelly's Kelty's na JSirst second quarter, quarter. quarter. Number of persons sentenced by Yaphiaiihg General and special Sessions to. prisons other than State PIISONS.eee..ese00e 51 861 | Number of prisone: oe: as conveyed... 8S or | Number charged ted and discharged Soot 5.024 | Total charged fo siededs sos 2,00 5.081 Number of convictions reported to Secretary of State............ 3,799 4,118 4,911 | As Comptroller Hawes had blocked histgame, he | was driven to an application to the Bourd of Su- he did not believe “ne | ‘was warranted by law’ in charging. The Comp- troller injormed the Board that he declined to pay, because ‘the service was not periormed” by Kelly, and he submitted an opinion by William Curtis Noygs, Esq., that Kelly’s opinion that he was not “warranted by law”? in making the charge was sound, and consequently that his claim was illegal, The matter was relerred to ihe Committee on County Officers, and died there, It was too heavy for even ‘I'weed to carry, KELLY’S EARLY EXPERIENCE. During Kelly’s first term as Sheri Comptroller Haws, who bad been deceived by both him and Willett, prevented his optaining pay for conveying any prisoners except those sentenced by tbe Oyer and Terminer and General and Special Sessions to prisons other than the State Prison. His charges for this service during his first verm appear to have been correct. But during his second term, ‘when Watson had become Auditor, he charged for more than double the number he did during his Orst term, although the records of the courts show that the number of persons sentenced was smaller, 2 1 was unable to obtain the exact number he might have conveyed, in consequence of the difMi- culty of separating the entries of such prisoners | in the books of the City Prison from those otf vagrants sent there tor transportation by the Cowmissioners of Charities and Correction. I, therefore, estimated the number he conveyed at 8,397, allowing 1,000 jor convictions in the police courts, which he calls a “beggarly number.” It appears, however, that I was too liberal. KELLY’S “CITY PRISON.”! Kelly, in his defence, gives the number of prison- ers he conveyed to the City Prison during his second term, and Ihave obtained from the Peni- tentiary arid the House of Keiuge the number each year received into those institutions upon sentences by the courts o1 (nis city. These figures give the following result:— Cit Piae Bt Number a Peniten- Excess charged for.......s.+00-.++ As Kelly claims to have conveyed to the Peni- tentiary and the City Prison 102 persons more than the books of those institutions show were received there, 1 bave allowed him for that number. By his own figures, therefore, he charged tor 10,544 more than he conveyed. Caught in this rand, with the books at the several institutions shutting out any other delence, he boldly says that the numver he charged for included 9,740 for the Work- house, and 1,797 for the Juvenile Asylum. The law, however, only allowed mum for “persons com- mitted to prison,” and in his bilis, eact of which was sworn to by lim, the charge was for “‘convey- ing prisoners to prison.’ Surely the Sheriff knew that the Workhouse and Juvenile Asylum are not prisons, as ordinarily understood, or within the meaning of any statute of tnis State, REPORTS OF CONVICTIONS. In my letter to Kelly there were two unimport- ant inaccuracies in respect to this inatter, which he seems to have regarded as the greatest of bles- sings. He devotes one-third of his defence to the subject and hoists the inaccuracies up and turns them around so oiten that one might well imagine his whole cage depended upon those unimportant errors. They were as follows:— Firet—Taking the figures of the printed abstracts of Kelly’s reports, made by the Secretary of State, and published annually in the legislative docu- ments, I gave 113,090 as the total number of con- victions he pretended to report to the Secretary of State. I stated the source of my figures, and they are there stated as I gave them; but it appears that the Secretary of State made a mistake, and that the number Kelly pretended to report was 120,359, Kelly’s display of figures upon this point is the merest trifing. The charge he has to meet is, hot that he omitted to report enough convic- tions, but that the reports he did make were false and worthiess. Second— hat in my letter to nim I did not attach enough importance to the convictions in the olice courts. IJtis true thatI did not. Having aa but Mbt slight opportunities for personal ob- servation of the proceedings in those courts, and only such knowledge, in respect to their business, as 1 had gathered from the newspapers and the cursory examination, from time to time, of public documents, I had an underestimate of the num- bers brought before them by vice and infirmity. But Kelly’s reports were so worthless that even nly exrOr in this respect was of no consequence, am going to examine the matter now solely upon the basis of his own figures and statements, and he will have to answer for no one’s errors and shortcomings except his own. GREAT FRAUD ADMITTED. Kelly, in his defence, distinctiy admits that, without any authority of law, he included in bis Teports to the Secretary of State of convictions in the Pee sessions for the years 1859, 1860, and the first three months of 1861, persons convicted in the police courts, and that he did not give the names of any Of the 42,243 persons he reported as eas in the special sessions during that period. The law upon the subject was explicit. It re- quired him to report to the Secretary of State at stated times ‘the name, occupation, age, sex and native country of every person convicted” at any criminal court of record, with otver particulars, ad also to make “similar reports respecting per- ons convicted at any Court of Special Sessions.” (5 Ed., Revised Statutes, vol. 3, p. 1048.) MANUFACTURED STATISTICS, In my letter to Kelly 1 characterized his reports of convictions to the Secretary of State (except for the courts of record, in which cases he gave the names) as “mauulactured statistics; and lam go- ing to show that I described them correctly. lt 18 a very singular circumstance that the records of the Police Courts Jor the Second and Third districts have been so mutilated that it is impossible tomake @ comparison of Kelly’s pretended reports with the records of convictions. Ihave no evidence that Kelly haa any participation in the outrage, ani would not be 80 unjust to insinuate that he had. 1 mention the Jact | have stated merely to explain why such @ comparison is not made. For only one complete month (October, 1866,) during ms two terms of office is such @ comparison now possible. For that month Kelly reported the convictions in the Special Sessions, including the police courts, as 695 males and 772 lemaies—total, 1,377. The records of the courts give the foilowiug results:— OCTOBER, 1866, Committed Numbers Convicted, to Gomirant Males, Females, Total, Char. Cor. Special Sessions.. .... 228 80 ‘B08 0 Police Court, ar eI aa 7 Pouce coure gadis: iM MMe g ce Court, 4 Police Court, 4th dist. Mm 7 Totals. cccereee vee 959 BOL 1,80. 268 Reported by Kelly... 696778 Host Differences. +4 9 433, Kolly’s report for that month was 364 below the right number, as nearly aa can be ascertained. It iwnot clear whether the commitmenta to the Com- | could be found were for the years 1859 and 1860 | except that once he reported tnree Kast Indians, missioners Of Charities and Correction were In all cases for examination or confinement, If any of them were jor Conduement tucy woud increase the disparity. Yhe Value of etatistics depends Upon accurscy, and i8 aS much impaired by state- meots under the real namber as by those over, Kelly's guess, therejore, is not helped by the fact that he guessed tgo low instead of too nigh, When I sent to the Secretary of State the only reports of Kelly jor the Special Sessions that and the first ten months of 1866. I have since learned from the Secretary of State that those for 1861 have been found. J shail base the rest of my examination of bis returns upon the originai re- port ior the year 1859, THE IRISH BIRTH QUESTION. In my le'ter to Keliy { stated that when he “gave the names he reported two-sevenths ol the convicts born in Ireland,” aud when ne “did not he made about twice as many born in Ireiand aa in all the rest of the world.” He admits the truth of my statement, but endeavors to justily tls pre- tended report by other statistics. “ He produces nothing, however, to give any color to his prepos- terous returns, except an alleged report of arrests in New York and Brookiyn jor some rather indefinite period be.ore he became Sherif, in which about three-fiiths were stated as of Irish birth, The only other figures he produces are the convictions in the Brooklyn Special Ses- sions during four selected years, of which less than THE COURTS. Important Commercial Suit---€x-Secre- tary McCulloch in Court. THE COMSTOCK BLACKMAILING CASE. Alleged Defamation---What Constitues a Valid Indictment. Oriminal Cases in the Court of Oyer and Terminer. one-third were persons of Irish birth; and a report of the Commissioners of Charities and Correction, | by which it appears that of the persons received | into the institutions under their charge during the | year 1567, less than half were of irish orth, His gleaning of records does not appear to afford | much support to his pretended return that more | than two-thirds of the convicts in this city were of irish birth, | He tries iurther to excuse his pretended returns | by saying, perhaps truly, that the people of that | race are “impulsive and passionate,” and “apt to | be guilty” of minor offences, but that greater crimes are ‘more rare among them.” I have always understood, however, that the women of Ireland were generaily chaste, and that the | reputation of no country im furope was better in this respect. "He “reports” tnat in 1859 there were 19,261 persons convicted | in the interior courts of muuor offences; 1076 ol wuom were born in ireland, and 6,156 in all the rest of the world, and he says tuat I should “surely know” that in large cities the number of females convicted of minor offences “1s unhappily very large.’ Of the 19,261 persons 30 convicted of minor offences, he “reported” that 6,167 were pros- titutes, and as more than two-tairds of all the con- victs were born in Ireland, the proportion oj pros- titutes 80 born would be over 4,000. 1 can under- stand that the children of Irish parents, born in this city and exposed to its dangers, might fur- nish @ proportionate number of fallen woinen, but his “report” was in respect to those born in Ire- land. T understand, also, that some prostitutes are committed more than once in the course of a year; but it will require more than Keily’s figures to change the impression I have in respect to the general chastity 0! women born in Ireland, NATIVITIES OF CONVICTS, | In Kelly’s report of convictions in the courts of record, lor which he gave names, and which were Jess than 800 in any year, he imcluded Austrians, Russians, Swedes, Norwegians, Poles, Swiss, Ltal- lans, Portuguese, Spaniards, West Inuwians and Chinese. Butin his reports for the interior courts, over 20,000 a year, he never included any of those races, ‘The minor convicts were all born in the United States, Great Britain, France or Germany, 2 CONCLUSION. | You cannot, fellow citizeus, fail to perceive that | the subject of this letter is a pubie matter of great and pressing importance, Kelly and Morris: sey claim, and are exercising the power, to dic- tate to you your most important oficers. They | seek to own the men you elect to office as com- | pletely as Tweed and omrceny owned them in their day. Kelly says that Wickham is Ms candidate | for Mayor, and Morrissey forced the nomination of | Hayes for Register. You well know what Morris. | sey 18, Ihave shown you what Keily ts, Are you , willing that these men should be your rulers? in a Jew months | shail be at liberty to enjoy the | Pleasures 0: private ile. shall have the pleasing reflection in a | retirement that, by my exposure of the irauds I have described in this | letter, | have aided you, tf you will make the ne- cessary eXertion, in securing a good local govern- ment. The dunger is great. Your relief depends upon yourselves, If you will be equal to the emerg- | gency and vindicate the gvod name of our city I | will cheerfully endure ail the annoyance that Kelly and his dependants can cause to me by livel | suits or otherwise. F, HAVEMEYER, GERMAN INTERVENTION IN SPAIY. | {From the Pall Mall Gazette, Sept. 24.) It1s now some"two monvhs since rumor, en- | couraged alike by tne attitude of the Berlin gov- | ernment and by certain mysterious utterances of its oficial or semt-oflicial Journals, began to couple | the names of Germany and Spain togetiier, and to credit the daring statesman who guides the | councils of the Empire with designs more or less | {mminent upon the throne of the distracted pen- | insula, ‘These rumors were received in tits coun- | try in the manner in which any rumors caiculated to disturb our faivh in the absolute tranquillity and | hopetuiness of the Continental prospect are in- | variably received; that 1s to say, with Contemptu- ous incredulity. They were puoh-joohed as idie tales, to which only the quidnunc and the alarmist would gtve credence or cur- | Trency; and the usual commonplaces by which we attempt to persuade ourselves that owner nations who have ambitions to gratiy must necessarily think a8 we do who have long since Satiated our own hunger for dominion, were em- eet with the usual confidence and complacency. owever, We gave at that time ceriain reasons for thinking, not that the rumor in question was weil founded—on that point we bad not nor have we, any opinion—but that there was 1 1c no inherent im- probability; and that to dismiss it as altogether and on the 1ace of it unworthy of credit was to shut our eyes to some of the plainest o1 the facts about us. First, there was sucn evidence of an’ Original disposition on the part of Germany towards seeking @ foothold in Spain as was sup- ae by the now strangely lorgotten fact of the Hohenzollern candidature; and next we had | of corn, An assignment of the bills of lading was | son, taking in return a guarantee from Campbell | Surrender of the property, The trial of the libel suit brought by ex-Police Commissioner Charlick against the Evening Post was set down for yesterday in the Superior Courts before Judge Monell, but the counsel were not Teady and the case was postponed tll to-morrow. Yesterday Jonn Dunston and Joseph Quinn, who had been charged with having had in thetr pos- session and with having sold “shiaplasters” made in the similitude of five-dollar Treasury notes for the purpose of deceiving and defrauding the pub- | lic, were brought before Commissioner Shields, | who committed them for examination in default of $5,000 bail each. It is understood that indictments will be presented against the accused to-day. Frederick Rowland, ajias G. Boggs, and Thomas | Mavis were also brought before Commissioner | Shields yesterday and charged with using the matls of the United States for swindling purposes by sending circulars announcing that they had for sale imitations of United States currency. Davis was discharged and Rowland was held in $500 bail for examination. IMPORTANT COMMERCIAL SUIT. An interesting commercial suit was concluded yesterday before Judge J. F. Daly, of the Court ot | Common Pleas. The plaintiffs in the action are George ©. Magonin, Henry P, Kidder, Francis H. Peabody and Oliver Peabody, and the de!endants James 8. Sinciair and James L, Marvin, It is set forth in the papers that Kidder, Peabody & Co. discounted three bills of exchange for Sinclair & Marvin, such bills being drawn on Messrs, Adlington | NEW YORK HERALD, TUESDAY, OCTOBER 13, 1874-QUADRUPLE SHEET. | @ranted to the piaintit, & Nicholson, of London, against three shipments taken by Kidder, Peabody & Co., who remitted the same to their London agents, with an agree- ment signed by Sinclair & Marvin = that if tne bills were accepted and satisfactory they might be transierred to Adiington | & Nicholson, and otherwise the understanding was that the corn should be sold and the proceeds ap- plied to the pills of exciange. Meantime Adling- ton & Nicholson had sold corn short to Campbell & Co., their brokers. McUalmont & Co., agents of the plaintiffs, received trom Adlington & Nicnol- son their acceptances of the bills, and at the re- uest of the latter Saunders & Co., of Liverpool, the agents of the former, gave the bilis of lading to Charles Campbell, broker of Adlington & Nichol- & Co, that they would not part with the property except in the ordinary course of business to pur- chasers, and that they would apply spe- cifically the proceeds of ail sales immedi- ately on the receipts. Since then Campbell & Co. have failed, and Adlington & Nicholson not making the draits, they ee ines pes and sent back. Suit was brought by Kidder Peabody & Co. upon the original bills of exchange, giving credit for £500 and £5,000, A special feature of interest in the sult was the examination ol the ex-Secretary of the Treasury, Hugh McCulloch, formerly of the firm of Cooke, Mcvulloch & Co., but now McCuiloch & Co. Various prominent London and Liverpool mer- chants also testified. in his charge Judge Daly | toid the jury that the main question for them to determine was whether when Saunders & Co., as agents of the plaintiffs, surrendered the bills to Adlington & Nicholson, they made a complete or whether they | surrendered them to Campbell as a special trustee to sell the goods and apply the property to their benefit. The acceptors and drawers were in the former case responsible, and in the latter cuse Campbell became their trustee, and the de- fendants were not responsible, but tue iact what they took irom Campbell a guarantee did not | necessarily constitute him their trustee, because | they had aright to take as many cedlateral secu- rities as they saw Mt, The case was given to the jury late yesterday aiternoon, and it is probavie they will send in this morning a sealed verdict. A SUIT AGAINST COMSTOCK. Some time ago there were fully published in the HERALD the particulars of the action which had been commenced by James Bryan, who calls him. self a physician and the heud of the so-called “Clinton Medical and Surgical Institute,” to re- cover $20,000 damages against Anthony Comstock, the Speciai Agent of the Post OMce Department and the Secretary of the New York “Society for the Suppression of Vice,” for causing his arrest on | a charge of obtaining letters from the mail to which he was not entitled. Upon the examination | | | 26th of September the accused entered nis room | | | she} Salen nan, peg = 4 Maatye ht Srgent | before United States Commissioner Osborn Bryan and additional motives for pushing it | was discharged onatechnicality, and he then com- lorward now. Germany has since engaged herself | menced this suit and had Comstock arrested | in a struggle 2 outrance with the Papal power, | lor an alleged maticious prosecution. Mr. Com- and cannot be expected to regard witn equanim- | stock, through his counsel, Messrs. Elvridge T, ity the possibility of an ultramontane adventurer | Gerry and Ambrose Monell, who aiso were securing to himself the throne which had been sought for a nominee of the Cabinet of | Berlin, * * * ‘There is no denying that, | given ten years of strong and capapie | rule—ten years of stern repression ol the , Jactious and corrupt tintriguers, the tur- | bulent priests and the windy demagogues | Who now prey upon the vitals of the country—ien years during Wuich taxes should be collected, public obligations regarded and thrifty adminis- | tration substituted for wholesale waste and mai- | versation—and anera of such prosperity might | dawn upon Spain as has not been witnessed for | more than a generation. These are the advan- tages which Spain, and, indirectly, Europe, Might derive from the establishment of a German pune on the Spanish throne, even supported, as e would no doubt have to be, by German bayo- bets. What the evils of the present state of things are we all know; and as time brings no mitiga- tion of them, but, on the contrary, increases tuem, brutalizes tue strife, and adds to the number of | useless atrocities by which it is disgraced, the dis- gust of Kurope will more and more incline her to accept any measure which would puta stop to such profitiess horrors. We ourselves occupy the proud position of the chief “lecturing” Power in Hurope, and we, like all middle-aged moral jectur- ers who have outlived and consequently forgotten | @ jeunesse orageuse, are peculiarly, though une | consciously, unfitted to play the part with grace. | We are ourselves apt to jorget—what German, 1g sure to remember—that the grounds on whic! she would justify an occupation of Spain are pre- cisely those upon whieh we justiiy our occupation of india. The difference between us and Germany merely is that we have got as much territory as we want, and perhaps a littie more, while Germany | has her conquests to make. We must compare her policy in the nineteenth with ours in the eighteenth, or, if ot she is pretty sure to draw | the comparison herself, At the worst, if German’ threatened intervention and we remonstrated, she coula put herself nominally in the rignt by | offering as a matter of form to pe the right of intervention to us; and if we retused, as of course | we should, she could then go forward as the sole accredited “champion of humanity,” not, as she would say, to further any ambitions o1 her own, | but simply to undertake, failing all other Powers, @ necessary and beneficent wor: THE FRENOM MAROH TO SEDAN. Colonel Stoffel’s Defence of Napoleon III. | (Paris (Sept. 27) Correspondence of Pall Mall Ga- zétte,) The pamphlet just published by Colonel Stoffel in his defence has created a painful impressioa | here, for the further revelations are not much to | the credit of any one concerned, The Colonel tries | to relieve the late Emperor from ail responsibility in regard to the march to Sedan, and to aitribute | the determination to move forward. instead of falling back on Paris to Marshal MacMa- hon. Now, in the letter Which Napoleon III. wrote to Field Marshal Burgoyne expiaining that march, his Majesty said 1% had been rendered necessary by political events. Was Marshal Mac- Manon, left quite to himself, as Colonel Stoffel says, influenced like Bazaine by political motives, or did the Iate Emperor sit down and calmly write & falsehood damaging to his own character? It is | well known that the Emperor was airaid to fail back on Paris, which, before Sedan, was in a state of semi-insurrection. MacMahon had no dynasty, but only his country to save, and, bat for pressure from the Minister oi War, would not have at- tempted to relieve Metz with a scratcn army. REGENT LITERATURE, {From Philade!phia letter to Chicago Inter-Ocean.] The royal road to book -making just Now seems to be through the preparatory school of tie New YORK HERALD, Only last month a book on Cuba Was published by a correspondent of that journal, and now another is announced by a member Ot 118 ‘ubiquitous staf. This time it 18 mpaigning on the Oxus,” being the story of the Russian expedt- by Mac | and speciaily retuned by the New York Society for the Suppression of Vice, at once moved to vacate this order of arrest, and the motion came on for a hearing yesterday before Judge Donohue, in the Supreme Court, Chambers, The moon papers on behalf of the defendan Which included the examination of the plaintti taken before trial, showea that the piaintuf haa long been in the habit of circulating and dealing | in various preparations, such as ‘‘Harvey’s Golden Pills,” Lucilie Demarie’s “Kau d'Amour,” or “Elixir of Love,” the “Green Book,” ‘Things You Ought To Know” and other so-called specifics, = which the counsel claim were circulated among convents, boarding schools and ladies’ academies for tne | express purpose of suggesting to the minds of tne young of both sexes the modes of committing variuus vices under the pretence of ad- vising a8 to the cure, in direct vio- lation Of the statutes of this State against the circulation of obscene literature and to the general corruption of morals, and from the plain- tif’s Known character the defendant was justified in causing the arrest, Mr. W. H. Newman, the counsel lor plaintiff, argued that the Court could not on this motion go into the merits, and the Commissioner eV refused to hold the plain- tiff, his decision was final and this Court couid not examine the question of probable cause. Judge Donohue took the papers and reserved his decision, A CHARGE OF DEFAMATION. Albert Kunz was brought yesterday before Com- missioner Osborn to answer a charge of having defamed the character of one Columbus Alexan- der, of Washington. The indictment found against the accused in Washington was presented to the Commissioner by Mr. A. H. Puray, United States Assistant Attorney, and it was claimed that, under this indictment, the defenaant should be forwarded to Washington for trial. Mr, A. Oakey Hall, coun- sel for the defendant, objected to the indictment claimed that in this proceeding it was of no avail, as it did not specily any offence under the federal law. The Commissioner doubted whether he had power to passupon the validity of the indictment, that being a matter that ought to be brought before the Court in which the indictment was found, or to the atten- tion of the Judge who a be called upon to issue the warrant of removal. He Suggested the | committal of the accused, and also Gout counsel | should sue out @ writ o1 certiorart and habeas | corpus beiore Judge Biatchtord for the purpose of testing the validity of the proceedings. Mr. Hall replied that he would take that course, and it is understood the writ will be returnable before Judge Biatcuford on Wednesday. COURT OF OYER AND TERMINER. Only two cases were disposed of in this Court yesterday, but happily in both the accused put in pleas of guilty and thus saved the trouble and ex- pense of trials, The firat case called was that of Bernard Goetz, indicted for arson in the first degree for setting fire to his apartments in No, 258 Stanton street, the object sougat to be gained being to obtain $300, insurance upon his furniture obtained in the Rutgers Fire Insurance Company. He was seen coming, OUt Of the place at two o'clock in the morning, and shortly after the fire was discov- ered, When it was promptly extinguished, | doing but Itttle damage. Some shavings | and” straw were, liowever, discovered, | saturated = with = kerosene, showing =the fire to have been an incendiary one. On the case being called Mr. Abe H. Hummeli, tne counsel of the accused, said he had induced the prisoner to tion to Khiva, janan, ‘The book has siready avveared in England. put to @ plea Of @utity Of arson in the secand de. gree, and the District Attorney to secept the | and John Schmidt, became engaged in 1 same, a course which, aa the result shows, saved tie prisoner being sent to Stute Prison for le In passing sentence Judge Brady @weit upon the enormity of the prisoner's crime; now he bad jeopardized the lives o: several tamlies, and bow he ought, iu justice, to be sentenced for Life to Stave Prison.” He concluded by sen ng him to State Prison for ten years—the exteut of the pun- ishmgnt attaching to the crime of Which pleaded guity. © Waiee Be: Res | The second case was that of Thomas Lewis, a bce aged nineteen, who pleaded guilty to grand larceny, He went into the office of the Long Iatand Railroad Company. suatched up an envelope con- taining $223 and ran away with it. Being detected in the crime he was pursued and cap- tured, but had managed meantime to pass the | money to @ coniederate. When asked by Judge | Brady what he had to say for himsel!, he replica that he came trom Boston, where be had left a sick mother, and that is crame was the result of his falling tuto bad company. He was senteuced to State Prison ior two years and six months, There being no other cases ready the Court ad- journed till this morning, when the trial of the election inspectors will begin. BUSINESS IN THE OTHER COURTS. SUPREME COURT—SPEOIAL TERM. Decisions. sy Mudge Van Brant, Bronson vs. Bronson; Graephe vs. Levy.—See opiuions, SUPREME COURT —OHAMBERS. Decisions. By Judge Lawrence. Kate A. Marshall vs. Thomas A. Jones, Jr.—Re- port of reieree confirmed and decree of divorce | By Judge Donohue. Powers vs. Trenor.—Opinion. Andrew J, #isher vs, Amanda C, Fisher.—Decree of divorce granted to the plaintil. Stevens vs. Collins.—Motion denied, with $10 costs, | i MARINE COURT—CHAMBERS, Decisions. By Judge Gross, Coulter vs. Foster.—Motion to open defaults granted on conditions, Hoag vs. Roberts and another.—Motion denied. a Snare yesterday morning, in a laser beer saloon in For- syth street, near Hester, Several blows were exe | changed between Haab and Muller, and Maller received in the midst of tne encounter three se- vere wounds rom a pocket kulfe, one in the nead, another ia the shoulder and another tn the small oi the back, Haab was arrested by Ofliver Horton, of the Tenth precinct, and brougit beiore Judge | Kilbreth, He protested his entire innocence of stabbi Muller, though he pebnomiedas striking m three blows with his in sel!-defence, Haab said the other party to the | quarrel, John Sehmidt, was the person who did tue stabbing. Haab, Dowever, was held to answer. Louis Muller was removed to Bellevue Hospital where he now lies in @ dangerous condition. | Robbed in a Lager Beer Saloon. | Philip Bek, of No. 33 East Twelfth street, was 1& ® lager beer saloon tn the Bowery, pear Broome | Street, on Sunday night, where ue met a man nanzed Charies Andersos, He alleges that Ander- Son knocked bim down, and took $20 out of his (Belir’s) pantaloons’ pocket. Auderson, who wag arrested by Onicer McGuire, of the Tenth precincy, | Was committed by Judge Kibreth 1 tL | answer. A Bate ‘eth in $1,000 bait c@ Arrested After Two Years. On the 29th of November, 1872, Charles Schlacke man, of N ‘SL avenae B, lost a quantity of prop erty, Consisting of jewelry and clothing, valued af $72, Christian sehelkopt, alias Christian shafer, Was rooming tu the house of Sehlackmaa at the time and left the swe day the property wad missed. Mr. Sehiackman did not see nim afters | Ward unttl lash Sunday, woen he had bimarrested. It is Said Chat the prisoner bas ¢ fermsin the State Prison, him in $500 bail to auswer, JEFFERSON MARKET POLICE COURT, Betore Judge Smith, Dishonest Empioyce. Samuet Feldheim, of No, 229 Fifth street, wag yesterday arraigned at the Jefferson Market Po- lice Court, charged with having on the 3d of Sep. tember stolen @ piece Of siik, valued at $6 from Bamberg, Hill & Co., his emptoyers. Fe heim pleaded guilty to the charge, and was come mitted without bail. FIPLY-SEVENTH STREET POLICE COURT. *Longshore Thieves. eady served two Judge Kilbreth held Sueridan vs. West; Malcolm vs. Ruigers; Helsie vs. House; McHeury vs, Sexton; Grote va. | Schaeler; Allen vs, Willis; Kidd Vs. Newman; | Devy vs. Jenkins.—Motions to advance causes granted, Sterling vs. Metcalf—Order vacating judgment entered October 7. Richards vs. Carlton; Hoag vs. another.—Motions denied. Ailing vs. Holbrook granted. Griswold vs, Fogg.—Motion denied, with $10 costs. Conover vs. Plass.—Motion granted. Kobbe vs, Samuels.—Motion to vacate atrach- | ments denied, | OOURT OF GENERAL SESsIONs. Before Recorder Hackett. Chief Justice Cuurch occupied a seat on the | bench for an hour yesterday with the Recorder, | and appeared to be interested in the disposal of the criminals as they Were arraigued at the var for pleading and sentence. Attempt at Arson. =. Judge Sutherland came into Court at noon for the purpose of sentencing Owen Riley, who i was convicted last term of an attempt at arson in the first degree. Mr. Rollins moved for judgment, Mr. Howe, counsel tor Riley, moved an arrest of | judgment Claiming that there was no provision | in the statute for sentence upon the verdict. dudge Sutheriand denied the motion and sen- tenced Riley to the Penitentiary for one year and | imposed a fine of $250. | Sent to the State Years. Edward Shannon was tried and convfeted of | grand larceny from a dwelling house. The evi- | dence against him was conclusive, Miles 0’Don- nell testifying that he occupied apartments at tne Westmoreland Hotel, and that on the night of tne Roverts and —Motion for judgment and stole a gold chain and locket worth $120 and @ portemounaie containing $9. The prisoner was arrested in his room, and when searched skeleton keys and a pair of pincers were found tn his possession. He told the officer that tne prop- | erty was dropped out of the window in Seven- , teenth street, and upon search being made it was | foutd in the street. | The Recorder in passing sentence said that as | Shannon was so impudent as to take up the time ofthe Court in the trial, where the proo! was so | yonclusive, he would send him to the State Prison ‘or eight years, i Eight Years for Robbing a Lady. Charles Hazard, @ genteel looking mulatto, | pleaded guilty to grand larceny from a dwelling house, The complainant, Nellie Gardner, re- siding at No. 2 Grove street, stated in her testi- mony that on the morning of the 3d of September she was awakened by seeing the prisoner in her room searching the bureau drawer, and that he heid a knife in bis hand and threatened to kill her if she did not keep still. He stole a pair of gold bracelets worth $50, The Recorder disposed of | Hazard very expeditiously by sentencing him to the State Prison for eight years. Grand Larcenies and Assaults, Florence E.O’Connor pleaded guilty to an in- dictment cbarging him with stealing on the 21st of September a trunk containing ladies’ wearing apparel, valued at $79, the property of Elizabeth Hughes. William Clough, who was charged with firing a pistol at William Harris, on the 7tn of April last, with intent to kill him, pleaded guilty to an as- Sault with intent to do bodily narm. John Williams was tried and tound guilty of stealing $6 30 trom the person of Daniel Connolly, on the morning of the 4th inst., at the corner of Forty-fitth street and Eighth avenue. | As soon as the jury rendered their verdict the District At- torney informed His Honer that Williams had just come out of the State Prison. The above named_ prisoners were each sent to the State Prison for five years, Micnuel Collms pleaded guilty to an attempt to snatch @ watchcnain from Elien McGuire, on | whe 18th of Septemper, and was sent to the State Prison ior two years and six months. | John Peter pleaded guilty to an indictment charging him with violating the statute against carrying concealed weapons. An officer tound a slungshot in his possession. He was sent to the | Penitentary for nine months. John Baker pleaded guilty to assaulting Joseph Prosker on the 6th of this month wisn a small | knife, he having inflicted a wound upon his shoul- | der. One year’s imprisonwent i the Siate Prison was the punishment imposed by the Court. Joseph Goldman was tried upon a charge of Stealing & black and tan dog, valued at $25, and 2 piece of poplin, worth $6, from the store of George Peyser, No. 88 Vatharine street, on the 2d of this mouth. The accused said he was a dog catcher and received his appointment from the Mayor, and that he took the dog from the sidewalk. The jury found him guilty of stealing the dog, but not the oplin. 4 ate Higgins, charged with takinga watch from Henry Stevenson on the 5th of Uctober, pleaded guilty to petit larceny. ‘These prisoners were sent to the Penitentiary for six months. Acquittals. Louis F. Nephew was tried upon a charge of burglary. It seemed that the window of Sebastian Fisher’s store, No. 212 East Houston street, was broken and three air guns, worth $90, stolen; that some time after the accused left one of the guns with @ man named Gabriel, as security for the loan of $5. Nephew explained his connection with the gun by saying that he accompanied a man named Snyder to Gabriel's place and that he (snyder) borrowed the money. A number of wit. nesses testified to the excellent character of tie defendant, who was Salor ane and the jury ren- dered a verdict of ‘Not guilty” without leaving their seats. Michael Callaghan and Frank Burns, who were indicted for stealing a silver watch and $4 in | money from tne person of Frank Leicht while he | was sleeping on a stoop in Fortieta steeet, on the | evening Of the 6th of September, were acquitted. ESSEX MARKET POLICE couRt, A Clever Arrest. Before Judge Kilbreth. Last Sunday morning OMicer Roughan, of the Seventeenth precinct, met two women named Hattie Knight and Caroline Bremer tn Fourth ave- nue with two pieces of silk velvet in their posses- sion, Officer Roughan questioned them as to where they got the velvet and by what means it had come in their possession. They toid the officer that they found it on an empty box in Ninth street. Hattie and Caroline were taken to the station house where they gave their address as No. 338 East ‘Twelfth street. It was subsequently discovered thut the piato glass window of Kinzey's dry goods store, Ninth street and Broadway, had been smasied, and some $500 worth of veivets and other goods had been carried away. The velvet found on the wo- men, Knignt and Bremer, and which is valued at $160, was identified by Mr. Kinzey 8 part of the property stolen from his store. Caroline Bremer and Hattie Knight were arraigned before Judge Kilbreth yesterday and held in $2,000 bail to answer. ‘Two men named Joseph Brown, of No, 316 East Twelfth street, and Thomas Graham, of No. 34 West Tuirty-fourtn street, who were also arrested, on suspicion of being connected with the burglary, were discharged for want of suMcient evidence. Who Stabbed Louts Muller? Three men. named Lonis Maller, Rudoly b Haab | on account of & sore back, Prison for Eight | | Larremore. Before Judge Otterbourg. John Mason and Jono Dougherty, canal boat men, were held for trial on a charge of stealii $50 worth of cable rope. George Lowther, the owner of a coal elevator at the foot of East Tnirtt- eth street, lestifled that the rope be.onged to him, and Was found in a canal boat of which Mason an Dougherty are captain and mate, respectively. The prisoners denied any kuowieage as to how the rope got into their boat. Their innocence was not, however, believed in by the Court, who held them eacn in default of $1,000 bail to auswer. ‘The boat of which they had charge belongs to the Reading Coal Company, Crueity to Animals. OMcer Upton, of Bergh’s squad, had the satt» faction of causing the commitment for trial of Patrick Nagie, who drove a mule that, according to the aMdavit, was disabled and unfit for work,. it is said that anothes charge of a similar nature is pending against Nagle in the Special Sessions. 4 Martin Redmond met a similar tate for a ke of fence. COURT OALENDARS—THIS DAY. SuPREME CoukT—CHAMBERS—Held by Judge Bar- Tett.—NOs. 57, 63, 98, 109, 125, 160, 169, 218, 21%, 225, 8, 248, 249, 254. Call, 264, COURT—GENERAL TERM—Held by Judges Davis, Dan and Lawrence.—Nos, 166, 160, 190, 101, 195, 13, 27, 34, 38, 99, 134, ¥ 24, 82, 3%, 46, 47, 161, 197, 198, 199, 200, 203, 204, 2 SUPREME CoURT—UircuIT—Part 1, until Monday, October 19, 1874. Part Judge Van brunt.—Nos, 2 3 2,306, 2,31 t ‘08 i 651, 1,793, 1,851, 1,521, 1,881, 1, 1,589, 1,893, 1,895, 1,897, 1,899, 1,901, 1,903, 1,905, 1,907, 1,909, 1,911, 1,913, 1,915, 1,921, 1,923. SurERion Court—TrIAL TeRM—Part 1—Held by Judge Monell.—Nos, 113343, 55544, 653, 751, 7 759, 761, 763, 765, 767, 769, 771, 775, 777. Pai Held’ py’ Judge Sedgwick.—Nos, ‘38234, 1223, 554, 67834, 638, 362, 642, 714, 703, 634, 68%, 1058, 694, 428, 658. COMMON PLEAS—Equity TERM—Held by Judge NOS. 25, 29, 32, 34, 53, 60. COMMON PLEA! IAL 'TERM—Part 1—Held by Judge Loew.—No. 1773. Part 2—Held by Judge Daiy.—Nos. 2027, 2112, 1212, 34, 1154, 2142, 1873, 1575, 1145, 969, 1068, 1069, 1976, 1173, MARINE CouRT—IRiAL TexM—Part 1—Reld by Judge Aiker.—Nos. 104, 1087, 5, 1131, 974, 955, 4790, 4, 26, 230, 263, 68, 69, 1020, 10, Part 2—Helo by Judge Joachimsen. 12, 405, 46, 71, 288, 289, 290, 310, 047, 961, 1336, 358, 388, 390, 391." Part 3— Heid by Judge Spaulding.—Nos. 1056, 35, 1194, 1121, 1231, 1036, 945, 253, 801, 07, 360, 366, 393, 395, 401, CouBT OF GENERAL SESSIONS—Held by Recorder Hackett.—Tne People vs, Edward Quinn, homl- cide; Same vs. Mariam Roberts, felontous assault and battery; Same vs. Gust 3. Koo, Jelomoud assault aud battery; Same vs. Stephen Warren, burglary; Same vs. Jacob Menger and George Sie« bold, grand larceny; Same vs. George McMullin, [one Jarceny; Same vs. Philip Nolan and Kdward Brown, grand larceny; Same va, Frank Schroder, larceny trom the person; Sams vs. John J. Foley _ cases), grand jarceny{ Same vs. Frank Kraus, larceny from the person; Same vs. Johanna Parker, larceny Irom the person; Same vs. Henry Weng, larceny from the person; Same vs. George H. Moore, lar- ceny from the person; Same vs. Louisa Wilson, larceny irom the person; Same vs. John Kennedy, larceny from the person. COURT OF OYER AND TERMINER—Held by Judge Brady.—The People vs. Henry ere ation of the Election laws ; Same vs. James B. Hart, et al., Violation of the Election laws; Same vs. Morris Krause, violation of the Election laws; Same va. Joun E. Warren, et al, violation o! the Election laws; Same vs, Michael Foiey, violation of the Election laws; Same vs. John McCabe, violation of the Election laws; Same vs, John H. Strand, vio- lation oF the Election laws; Same ys. samuel W. Cox, violation of the klection laws; Same vs. James Keegan, violation ot the Election laws; ae vs. Vatrick Barry, Violation of the Election jaws. BROOKLYN OOURT CALENDARS—THIS DAY. City CouRT.—Nos, 192, 30, 99, 116, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, 206, 207, 209, 21, 212, 214, 215, 216, 217, 218, 220, 223, 224, 225, 226, SUPREME COURT—CIRCUIT.—Nos, 192, 30, 99, 116, 196, 197, 198, 199, 200, 201, 202, 204, 205, 206, 207, 209, F 214, 215, 216, 217, 218, 220, 223, 224, 225, A CONTRIBUTOR TO SOIBNOE, The Revelationists After a Dead Man’s Property. Acurtous announcement is contained in the Lon don Gazette of the 22d of September. An Italian, named Girolamo Ponti, recently bequeathed his property, amounting to 86,500 Austrian lire, to the academies of science of London, Paris and Vienna. His relatives, itis understood, intend to dispute the wili; and, as it does not appear which English sociely Was meant by the testator, the Secretary Of State gives notice, in order that those societies who wish to advance their claims may take what steps they think proper. There is no Academy of Science, so called, in London. Both the Royal Society and the Royal Institution might claim the legacy on equally good grounds, ._ The testator directs that the amount bequeathed to each “academy”? is to be devoted to two ‘‘annual com- petitions” on mechanics, agriculture, physics and chemistry, travels by sea and land and literature. No scteniific institution in England embraces this entire programme, and it is probable that two or three of them—say the Royal ny A the Royal Institution and the Geographical Society—will make a joint claim to the legacy. The competitio! in England and France ts lunited to natives ol those countries Tespectively, aod in Austria t@ “Austrian Germans.” Tho testator seems to havé been especially solicitous to exclude the non- German inhabitants of the Austrian Empire from the competition, for he repeats twice, and the second time in emphatic terms, thac it is to be lumited to Austrian Germans. FRANOE ARMING. The New Rifle—Iimproved Artillery. {From the Journal de Paris, Sept. 23.] Orders are said to have been given to proceed Immediately with the manufacture of the new musket, model 1874 (system Gras). Those weapons will only be constructed in the workshops of the State; private firms will not be called upon to assist. The calcalation is that in abouta year a million of them willbe made. Then only will the new arm be piaced in the hands of the soldiers of the active army, and the men of the reserve and the territorial army will be drilled im the manage- ment of this musket. The chassepots will be with- drawn, and they Will be altered to the new pattern. France has at present 1,800,000 of them. One year will be necessary tor that transiormation; 80 that by adding 200,000 new ones to be constructed in the interval the Minister of War counts upon possessing, at the end of 1876, 3,000,000 musket¢ (modet Gras), with a store of 250 metal cartridges per weapon. The manufacture will alterward be continued on & normal scale and in proportion té the resources of the ordinary budget of war. The news Cpa | the artillery is no less sat« isfactory. France will have, at the end of the year 1875, 494 batteries of six cannon each, of calibres 6 and 7, with irom carriages, the = in bron breech-loading, on the Refye m. The result of them are excellent and events i od oraies. without apprehension. But from the beginning Next year the construction of bronze cannon wilh be abandoned, and those in steel on the Labitolle system will be adopted. That metal 1s obtained ag Creusot, and the composition gud make of f- leave nothing tu be desired, Pa " 1