The New York Herald Newspaper, October 16, 1874, Page 5

saa. OURT OF ARBITRATION. Proceedings at the Opening of the Chamber of Commerce Court. ADDRESS OF JUDGE FANCHER. Speeches of Distinguished Merchants, Lawyers and Editors. ‘The Court of Arbitration in connection with the Chamber of vommerce was opened yesterday, W. BE. Dodge, President, in the chair. Among those present were George Opdyke, David Dudley Field, Dudley Field, S. &, Chittenden, General Davies, D. M. Stone, Archibald Baxter, George W. Dows, Lather R. Marsh, Joseph H. Unoate, John H. Kemp, F. B. Tharber, William H. Webb, 8. D. Hare rison, Demas Barnes, ex-Judge Jackson, George W. Cottrell, Jopn F. Henry, James P. Wallace and A. R. Whitmore, Mr. W. E. DopGE opened the proceedings in a few brief and appropriate remarks, in the course of which ne said that the idea of an arbitration court was not @ new idea. For thirty years the Chamber had had a committee of arbitration, but it was mainly through the exertions of Mr. Elliott ¥. Shepherd that the principle of arbitration had received a large extension for application, Mr, Exocu L, FANCHER sald:— GENTLEMEN—In entering upon the duties of ar- bitrator of the Chamber of Commerce of the State of New York I cannot refrain from oxpreming the high sense which | entertain of tue responsibility and useiuiness of the ofice, aud J feel called upon, at the same time, to return to the President and other officers, and many distinguished members of the Chamber, my sincere thanks tor the kinduess and heartiness with which they have encouraged my acceptance of the position. Not only the mem- bers of the Chamber, but the merchants ad men of commercial pursuits in the city of New York, are to be congratulated upon their opportunity to establish a Court of Arbitration, with sufficient owers, sUCh as are conferred by the act of the gislature lately passed at the instance of the Chamber. ‘Their perception of the necessity for #u°h a law, and their sagacity in securing it, with such ample provisions, are worthy of the reward which would result irom the successtul operation Ol the Court, it was remarked by an Enghish his- torian that among a people who lived in 80 simple @ manner a8 the early Anglo-Saxons the judicial power was Of more consequence than the legisla- tive. It may be said even now that the highest civilization Would recede into barbatism if the judicial power were destroyed. It ts one of the chiel supports of a free State. Liberties are se- cured not alone by swords or constitutions and Jaws, but as well by the inestimable right of nav- ing civil controversies determined in the local tribunals of the people, Among the causes that contributed to the continual rise of the liberties of England we find nothing that arrests attention more than the judicial eyqtem of the nation and vheir marked regard for the unfoiding principles of the common law, The jurisprudence of the kingdom soon became a science rather than an art, though it borrowed little trom the writings of Ruiloso, hers oF the institutions of other countries, . n ancient English law book would be considered very dry reading by @ philosopher; yet such a book sets forth rules and principles by W..ich pub- lic and [pede rights are maintained with more vigor than by the words. of a philosopher. The feady Altech ent of the English nation to their laws and usages, combined wita ube impartial ad- ministration of them through their courts of jus- tice, must be considered as among the chief causes Of their greatness. An eminent part of ther wis Qicial system was the trial by juty. is was Jounded on the conviction that the ireemen of the Vicinage were the best judges o1 its ctvil contro- Tereies. It is the growth of centuries; as ir back as Doomsday Book we find the trace of our common expression of suitors Putting themselves upon the country, which means the triul by jury. It has proved to be one of the strongest ramparts which civilization has erected against the overthrow of freedom and self-government. It bas also upheld tue scales of justice with its supporting arms; but tt would be too much to claim that its verdicts were always right and in accordance with reason. Uur own System of jurispradence, it is well known, was de- Tived from England. The jurisdiction and method of proceeding in our courts have their patterns there. it has on this account become a matter of deep interest for me to study the character and Practice of the English courts. But our repubil- can institutions, which are moulded by the will and maintained for the benefit of a free people, are more imbued with the spirit of ireedom and the principies of justice than are those of England, We have no courts demanding fines to enter. Our courts, it is true, are sufiiciently encumbered with forms, but they are free tribunals of the people. The meanest citizen may, without fine or hin- drance, impicad there the highest ana proudest of the land. They are everywhere accessible, and there are no feudal usages to abate tueir power or Umit tueir influence, We have retained tne right of trial by jury; our modern liberty aud civilization could not dispense with it; but itis avowedly fit only in Certain cases. It is ireely admuicted tat very many controversies @nd questions, continually litigated, cannot ap- | propriately be tried, and are not, by the practice of our courts, tried by a jury. The issue is with- drawn from them and sent toa releree for trial whenever the examination of a long account ts involved. So, also, the numerous cases of an equitable nature, which are the subject of Chan- cery cognizance, are not tried before the jury, but by 8 single judge. In ali commercial communities such cases are of frequent occurrence; so that the jury, as a useful institation in the service of our courts, 18 not competent to try many Of the issues arising in every-day litigation. There are so many detri- ments and dangersin the pfocess that it is a doubt/al question whether the trial of commercial cases belore a jury 18 general attended with ad- vautage. The jury take no notes of testimony. They have to rely on the ephemeral im- pressions it may make on their minds or upon their imperfect recollections of what the witnesses have sworn to. They are never judges o! the law, but must apply to the case, as Dest they can, sucn rules of law as are orally Stated to them by the judge. Their deliberatrons are irequently a ourlesque on the word, Jor oiten heated discussions and violent disputes take the place of deiiberation. Corporations, men of Wealth, and other suitors have had frequent occa- sions to deprecate the conduct of juries, In many cases it is iound necessary that the judge warn them against the fluence of popular feeling or the bias of private predilection. 1 suppose you have heard of the man who came home to expiain his long absence to his wife, by complaining that he had met with eleven most obstinate jurors, who would not be persuaded by his argu- Ments ana prevented any verdict being returned. There is @ more seriouy difficulty than the incom- petency of jurors that afllicts the commercial community in regard to its litigation. It is the evil of delay. Suits cannot be determined with Geapatch. The day of controversy has been long past wuen the trial takes place in our courts. The witnesses, If not dispersed or dead, come to the trial with jaded memories. Tne rights of parties are kept inabeyance. The “‘law’s delay” operates as a denial of justice, ‘nere ‘are many controversies which, Mf they cannot ove decided at or near the time of their occurrence, can never be decided at all so as to administer complete justice, No speedy trial can now be had in our high courts, though the ques- tion be urgent and the interest important. Thousands may be involved in the result, but the case must pass through the slow ‘stages o1 pro- ceedings like any case of trivial consequence. The’ most skilful musician cannot make har. monious melody unless the struck lute-string mstantly responds to his touch, The most com- petent judge cannot utter a decision that shall re- compense an injustice unless the redress he decrees speedily follows tne commission of the wrong. Efforts have been made to do away with the law’s delay in the United States, in England and in other lauds. One of tue methods pro- posed is the Court of Arbitration. Lord Brougnam and other Jeading statesmen atiempted to introduce the Court of Arbitration in England, They met with opposition chiefly irom barristers edi tory and profitable forms of the law courts. in Prussia, Denmark and other States on the Con- tinent such courts have long existed. Wherever they nave been tried they have proved most bene- ficial to the peopie. Tbe number of cases decided by ‘them has iucreased year by year, and the in- terests involved transcend computation. Fifteen years ago Jt was recorded of these courts ‘that ti Statistics of these countries where these pecul courts exist provea their beneficial resuita. number of cases decided, a8 well as the amount Property upon which whey. have decided, is sar- prisingly large. ‘The amount of property at stake, hus takeu out of the court of law to the Court of Arbitration, has been enormous, The estavlish- ment of courts of arbitration bas produced a sig: Dal decrease of litigation and diminution of ex. penses.” Such is the testimony to the value of the courts in countries where their utility has been proved. ‘The statutes of New York have made certain provisions intended to sanction and regulate arbitration, and they are sometimes resorted to for the setilement of disputes. But that section of the statute which authorizes either iS 3 party to revoke the suburission at any time before | the publication of the award bas the eftect to discourage statutory arbitrations; for the party likely to be defeated in the controversy 18 most geuerally shrewd enough to judge irom the course of the trial or the character of tue evidence wi the award will probabiy be, and to avoid it he re- vokes the submission. No such temptation or opportunity to avoid the decision ts held out to pie in the new Arbitration act which the last gislature granted to the Chamber of Commerce. Under that act when the submission has been made & party cannot render the trial abortive by withd) ig from the submission. He must abide by the and suitable provision ts made for fling tt with the Connty Clerk and clothing it with the power that belongs to the judgment of a court of record. It may also be end thus fn nower agd effect axe given 40 all the cated in old precedents, who loved the musty, | enforced by execution, proceedings of the Arbitration Court.” So far as the form of the act is concerned we may with con- fidence appeal to its well considered provisions as comprising @ perspicuous and comprehensive plan ei. i, @ operation of an eficient Court of Arbitra- ‘The passage of this law by the Legislature has been H timely act. The day has already arrived when the muitilarious affairs and inereasing dusi- ness of the great commercial emporium which the city of New York bas become give rise to con- troversies that overburden our courts. Mercan- tle interests are peculiarly liable to suffer when the avenues of jnstice aré obstructed. Men en- gaged in commercial pursuits have frequent occasion to resort to some authoritative tribuual fo settle their transactions, and expedition is oiten requisite to a compleie remedy. The mer- chant, whose woods, tn transitu or in warehouse, are improperly attached or claimed by another, desires that the claim may be edily tried. He wants the control of his good walle they are marketable, The shipowner, whose vessel is weized, or the master of which is sued, cannot aliord to wait the loug process of a jawsuit. He would better buy his peace at the sacrifice of justice. The insured, whose property has been jost by perils of the sea or by fire, cannot endure to have his bustness suspended for years until it can be determined whether his loases are to be recovered. He desires to resume his trade. The banker in the course of & single day may have his thonsands locked up by transactions which a judicial decision alone can set iree, He deprecates nothing more than delay. dn short, the exigencies of trade in this great city require the establishment and operation of a court ol competent authority, Where controversies can be tried and determined summarily. Trade de- mands and receives its sufficient supply of capi- tal, 1ts marvellous facilities of transportation, its inventions for dightening labor; it employs ships and wharis and warehouses, with all the appii- ances and improvements. Why should its opera- tions be restricted for want of a forum where its unavoidable disputes'can be readily determined? If alter due consideration by the Chamber it be thought best, they may perhaps seek from the en- suing Legislature an amendment of the law, so that an appeal will lie directly to the Court of Ap- peals irom any decision of the Arbitration Court where the Interests involved exceed some specific amount. This would be, in the opinion of many, a most desirable amendment; for, 80 soon as it shall be obtained, any suitor in the Arbitra- on Court may be sure of @ final decision by the highest judicial authority of the State in much less time than he could have his case heard in the first instance im ove 01 our saperior courts of law. When such aconsummation can be achieved what @ victory willbe won over the discourage- ments and delays of litigation, Exemption will then be secured from the burdensome expenses and the wearisome waiting which now deplete the purse and exhaust the patience of so many liti- gants, The administration of justice by means ofa Court, of Arbitration will open a new epoch in the his- tory o! New York. If such a court shail secure popular favor here, as it has done tn other lands, commercial interests will to some extent be re- lieved irom the paralyzing effects that fow from the expensive and tardy proceedings of our establisued courts. These courts themselves can afford no sufficient reliel; for they will be more and more crowded. Cases there must multi- ply with our ever increasing population ana busi- ness. It is one of the highest problems of politi- cal philosophy to devise methods for the sate and speedy aaministration of justice. Any method to be effective must command public confidence. The Court of Arbitration is not @ novel expedient, but It is one already tried and i¢ is recommended by the approval of those who have witnessed Its operation in other countries. We are a progres- sive people, ana the new stages of our advance re- quire that even systems of antiquity should yiela room for progress. One characteristic of American liberty that dis- tnguishes it from the English polity, is that we readily amend our constitution and formulas to adapt them more perfectty to the varying interests ol the people. We have demonstrated as a prag- tical reality the union of self-government with an eflicient administration of the law, but we are not free from the danger of defeating justice by the growing evil of its delays. luch_ truth was compressed in a short sentence by & German author when he said, ‘Liberty is nothing else than justice,” If we Fovla secure Pee eee of our political inheri- ance we mus! Agdinst the evil ot the law's delay. Wrongs should not be suffered to outrun the steps of timely redress. To provide a method for the convenient and speedy trial and de- cision in such cases the Legislature nas authorized the Chamber of Commerce to establish its Arbi- tration Court. Let us do what we can to make it a tribunal where justice shall be administered with honesty, capability and expedition, Mr. ERASTUS BROOKS said that the great evil of the times was the law’s delay, which practically amounted to @ denial of justice. The constitution recently established a Court of Appeals and a Commission of Appesiss and yet, though they have been established for some years, there are hun- dreds of cases awaiting tneir decision. Ho hoped shat the Court of Arbitration would not end with the Chamber of Commerce, but that the other departments of business | would establish courts of a similar character. If that were the case the gain would be infinite to the State at large. He said all honor to the state Legislature that had passed thislaw. This Court was somewhat kindred to the Courts of Concilia- tion in France, in his judgment, where law and equity were jomed togetuer. He conciuded by recommending to the consideration of the Cham- | ber the constitutional amendments. to be sub- mitted to the people for adoption at the forth. | coming election, | Mr. D. M. Stone in hia address traced the his. tory of settlements of dispute between men and | Bations, He said that it was not alone the law’s } delay that was theevil, but it was the arbitrary decrees and interpretation of law in dedance of | the principles of truth and justice. He hoped | there would be no amendment of the act so as to take its decisions direct to the Court of Appeals, With all deference to the modesty of Judge Faucher, he believed that all who appealed to him would be sausfied with his dectsion, Mr. ELLIOTT F, SHEPARD explained the operation of the act and its various provisions. He said that it was desirous that the public should know of the inexpensiveness of the proceedings o: this Court, | which did not allow any costs. 5 Mr. JOHN F, HENRY moved that as the constitu. | ttonal amendments were to be submitted to the | i people for approval or disapproval on the 3d of jovember next, that the Chamber, by its vote, express its approval of these ameaaments, ‘The CHAIRMAN ruled that as this was a special meeting, it would not be competent to put the question, though be had no doubt the vote would | | ve epee & } Mr. Davip DupLEy FIELD said that the Chamber had taken astep in tne right direction in estab- lishing a Court of Arbitration. It was a step, too, in the direction of the establishment of tribunals of commerce, The other day in Geneva he had | an opportunity of seeing this principle of arbitra- tion at work in commercial transactions, and he ) was glad to see how simple an affair it was, In | the highest court of that country there were only four cases for appeal. He did not see why there should not be established in this city Courts of Conciiiation, and which, tf established, would pre- vent many persons from going to law. This prin- ciple tor the settlement of disputes was receiving great favor in England, i Mr. S. B. CHITTENDEN said that this was, in his judgment, the best court in the country. He would rather trust himself or his property in that | | Court of Arbitration than in any other court in the city or State, As faras nis experience was con- ; cernea he had never paid lawyers anything naps | to keep him out of court. He believed that the law as it now stood for the goverance of this Court | would be the inisiation of a new era in the ad- vaucement of justice. Mr. LUTHER R. Masui said that he could not see why barristers should oppose these courts. Every lawyer's office was a court of arbitration, and it | was the tast resort of the lawyers to go to courts, | References were to some extent similar courts Perhaps one hundred lawyers are sitting every day trymg cases that would otherwise burden our courts, Mr JOSEPH JACKSON said that he shared with Mr, Chittenden the feelings as to courts; but he felt | more satisfied in the fact that the Judge who pre- | Sided in this Court would act always in accordance | With the laws of procedure, | Alter this address the Chamber adjourned. THE FREEHOLDERS? FI@HT. The Contested Election Case Concluded in Jerscy City. | The Circutt Court at Jersey City was crowded | yesterday by politicians of both parties. Mr. James | Roche and Mr. John Garretson, the parties op- posed in the trial, represented the democrats and | Tepubdlicans respectively, and it was a contest on | the issue of which a great deal depended pollti- | cally. Mr. Roche waa elected a membet of the Board of Chosen Freeholders of Hudson county at the Jatest charter election’ by a majority of teu, and a certificate was awarded him by the judges. pullers, who have the con‘rol ot the whole machin- ery ol the municipal government, from the public treasury to the ballot box, waxed wroth at their deleat, The judges @nd clerks of election put their heads together, and from this combination a bright idea scintillated. One of these worthies Tied the baliots to his residence and next day ‘a mistake in the count” was reported. The sec- oud count gave Garretson a majority of it, DUG the counting Out process was so jumbled and hurried that the clerks could not make their own figures correspond. The Board of City Canvas. | gers accepted the second count, ignoring the first | @itogether, and awarded the it to Garretson. When the Board of Chosen Freeholders was organized, however, Mr. | Garretson was notified to vacate and Mr. Roche took his place, The former then took the case into the courts. The trial occupied the past two days, and it ts worthy of note that three prominent political characters figured conspicu- ously in the conduct of it. One of Mr. Roche's Leon Abbett, is the democratic State Senate, The otter, Mr. Lipplucott, received @ lai vote for the demo- cratic Congressional nomination last week, and Judge Bedle, who presided, is the democratic nominee for Governor. The case was yesterday riven to the jury, who rendered a verdict that Mr. ocheé was legaily in possession of the seat, There Was quite @ jubilee over the event at the demo- cratic headquarters. The tabies are likely to be turned on tue manipulators of the ballot box, aa complaints were lodged yesterday belore “the 1 Grand June, The day after the election the republican wire- counst 5 nominee for the | Test dented, NEW YORK HERALD, FRIDAY, _OCTOB THE COURTS. The sixteen republican inspectors of election indicted fof ballot stu@ing ani other offences against the Election law were yesterday present at the Court of Oyer an4 Terminer, represented by counse!, The prosecuting coun- sel and is associate counsel, repre- senting Tammany Hall, were also present; but, on appitcation of the latter, the trial was postponed, it being arrangea that the trial of James B. Hunt and Augustus Levy should be pro- ceeded with to-day, Judge Blatchford will open the civil jury term of the United States Circuit Court on Monday next. Judge Nathaniel Shipman will take up the trial of suits entered upon the calendar, of which there are 442. About 150 of these relate to suits instt tuted against bankers and brokers to determine the question whether “margins” left with them for the purpose of stock speculations are to be treated as ‘deposits,’ under the law, and, there- fore, taxed. Various questions affecting the Jnter- nal Revenue law will also come up in the course of the term. The recognizance of Moses Chamberlain, who was indicted for sending @ scurrilous postal card through the mails, has been forfeite’, Mr. Cham- berlain failing to appear in court when called. The recognizance amounts to $15,000, Lewis Bresler and Julius Waterman are on the bond. Among the suits to be tried during the approach- ing term of the United States Circuit Court is that of a distinguisbed Russian lady, Mme. Olga de Maluta Fraloi, agaist the Hudson River and New York Central Railroad, to recover the sum of $110,000, being the value of a quantity of old fam- ily laces of curious workmanship, the property of Mme. Fralof, which were either lost or stolen {rom a trunk on the railroad cars while the lady was on her way trom Albany to Niagara Fails. The case has been tried once without any definite result, the jury having failed to agree. Samuel Stricker, who was charged with com- mitting acts. of alleged fraudulent bankruptcy, has been hetd by Commissioner Osborn in $20,000 ball to await the action of the Grand Jury. The | particulars of this case have been already re- ported inthe HERALD. The case of Louis Warzburger, who is charged by bis assignee in bankruptcy, Philip W. Kopper, with concealing a large portion of his asseta from his creditors, 1s now pending before Commis- sioner Betts. Defendant had carried on the busi- ness of a dealer in lace and ribbons at No, 441 Broadway. SUPREME OOURT—OHAMBERS, Decisions, By Judge Barrett. In the matter of O’Hara.—Report confirmed and order granted. Jn the matter of Klein.—Writ dismissed and prisoner remanded. Janssen vs. Watkins.—Motion granted. Memo- randum. Parker vs. Gano.—Motion granted and defend. ant required to furnish the btll o particulars within thirty days, or, in defauit thereof, that they be precluded from giving any evidence of their pet on the trial. Ten dollars costs, to abide the event, SUPREME OOURT—OCIRCUIT—PART 3, Decisions. By Judge Van Vorst. dill _vs. The Newickawannick Company.—Find- Ings settled, Kickho® vs. The Mayor, &c., of New York.— Judgment for the plaintif. See opinion, Dennis vs. Chariick and Another.—Case amend- ments settled. SUPREME OOURT—SPECIAL TERM, Decisions. P By Judge Curtis, Willmont vs. Meserole.—Proposed order and | amendments settled. et al.—Motion granted Benton et al. vs. Win; for the fourth Friday o! the October term. Patterson vs, Stetianer.—Allowance to the plain- | ttt of $200. Foote vs. Hatch et al.—Defendants may come in | and answer in five days on payment of disburse- | ments on assessment of damages. } Wilimont vs. Meserole et al.—Motion’.denied | without prejudice to t.s renewal. \ By Judge Van Vorst. Porter ex rel., &., vs. Parmley.—Motion granted, | Exceptions to report of releree overruled and re- | port confirmed. Costs of motion and referee’s fees tobe paid by respondent. No extra allow. ance, Mitchell et al. vs. The Vermont Copper and Min- ing Company.—Order jor judgment for plainus | settled and signed. By Judge Spier. King vs. O’Brieu, Sherif, &c.—Motion deniea without costs, | Huenermund va. The Erie Railway Company.— | The defendant must have judgment in we de- murrer, With costs. MARINE COURT—CHAMBERS, Decisions. By Judge Gross. Kobbe vs. Samuels.—Motion to vacate attach- ment granted, Conxngham vs. Donnellan.—Motion to vacate | order of arrest denied, aud ordered tor trial Kahn and Another vs, Rubenstein.—Motion to vacate order of arrest granted. Falconer vs, Cohen; Cohen vs. Moses; Metcalf vs. Griffith.—Motion to advance causes granted. | Thurber vs, Stewart.—Proceedings dismissed. — | Harrison vs. Dolberg.—Motion dented, | Bartlestine vs. Rinaldi.—Motion denied, without | costs. Price vs. Cohen.—Motion to vacate order of ar- MARINE OOURT—PART 1, | What Is a Composition Deed? | Before Judge Alker. The case of J. Bearet al. vs. Albert R. Harris et | al., which was closed yesterday afternoonat a late hour, was one of unusual interest as deciding what sa composition deed. The facts as adauced ‘were that the defendants, in March last, owed the | plaintiffs $750, A paper writing was signed at | that time, wherein it was provided that plaintiffs would and did sell, assign and set over to one Is B. Rosenthal, of Scranton, Pa.—the place where the defendants did business—the in- debtedness of the defendants jor the sum of twenty-five cents on the dollar. The de- tendants endeavored to show that the paper writ- ing Was @ composition deed, and thereby, the plaintiff's having received the twenty-five per cent cash, it discharged the deiendants in toto. The plainti@s showed that, after the agreement with Rosenthal was made, he (Rosenthal) backed out of the arrangement, and further showed that at the time plaintif—s signed the said ement Rosenthal agreed to pay flity per cent, Plaintiffs’ testimony further tended to show that a new con- tract of settlement was afterward made with de- fendants to settle for fifty per cent and costae ina former sult of $51 19, which was Included in the notes sued on. It also clear); ppreared that de- fendants gave three notes to plaintiffs, amounting to about $240, in addition to twenty-five per cent cash in this settlement, the defendants contend- ing @t the trial that the notes were void, as they ‘were given by them and received by plaintiffs in fraud of other creditors. Tue jury, aiter being out haif an honr, returned a verdict for fuli amount for Wiegin vs. Baker.—Nousuit ordered, Evarts va, Peck. Judgment for plaintiff, $186 70. Smith va, Gayton.—settled. Stern vs, Briggs.—Verdict for defendant, Cohen ve. Hickling.—On trial; case on. COURT OF GENBRAL SESSIONS, A Young Criminal Sent to the Peni- tentiary. Before Recorder Hackett. ‘The first case tried yesterday was a charge of larceny, preferred againgt a youth named Frank L, Edward, who was convicted of stealing cloth- ing and musical instruments, on the sth of June, from the office of Dr. Branaow, a dentist, by whom he was employed. The boy escaped, and was are rested @ couple of weeks ago, Assistant District Attorney Rollins informed His Honor that B¢waras was a bad youth, and escaped, a short time ago, conviction upon a similar charge. He was sent ti tue Penitentiary for three years. f The “Panel” Game. Albert Baker, alias Charles Hayes, alias Meyers, ‘was tried upon o charge o1 what is termed “con- structive grand larceny.’ The evidence for the prosecution was that the accused and @ co-de- jendapt named Gray hired a room from Mra, Re- becca W, Kouse, in East Twenty-third street, on the 11th of August, and that on the 19th of ti same month a disreputable woman induced rman named Annin to accompany her to that house, where he lost $120, Upon an examination it was jound that there was a bol. placed on the door of the room as i! it were bolted, but in reality it was imbedded in the door. Mrs, Rouse, - srt ouse, @ respect: able was recalled, and said that | there was no bolt on any door of the tooms «when she let them, ostensibly to the prisoner and his wife. She also swore that on the evening of the 19tn the prisoner was in the house at the time Mr. Annin was there, and, in fact, spent a good deal of time round the house 1p the middle of the day, Mr. Rolitns claimed in his address to the jury that the prisoner was guilty of “panel” thieving. The jury rendered a Verdict of guilty without leaving their seats, Mr. Rollins informed the Recorder that he had previously sentenced the prisoner, under the name oi Charies Baker, to the State Prison, in 1866, aod that he has subsequently been in prison in New | Jersey. Sentenced to ‘the State Prison for five years, at hard Jabor. Jeremiah Dunn, who on the 1st of October broke into the lactory of Wager J. Hail, No, 420 East sixty-frst street and stole $50 wortn of soap, pleaded guilty to an attempt to commit the offence. Gottlieb Eberle pleaded guilty to an attempt at grand larceny, in stealing, on the 4th inst.,a pound and a half of vanilla beans, worth $36, the property of Austin M. Slanson. William Livingston, charsed with effecting a burglarious entry into the clothing store of John Wessman, No. 89 Chryatie street, on the night of the 10th of September, wa3 lound gulity ol an at- tempt to commit that offence, Michael Dorris pleaded guilty to an attempt at bargiary in the third degree, the charge being that on the 19th of September he broke into the premises of James Merrick, The above named prisoners were each sent to the Penitentiary for two years and six months. Petit Larcenies. Michael O'Connor and George Hern were in- dicted with two other boys tor burglariously en- tering the cigar store of Simon H. Arensberg, No. 49 Whitehall street, and stealing $150 worth of cigars on the 3d of this month. Two boxes of the cigars were found in the possession of the prison- ers, whica resuitea in their conviction of petit Yarceny.. Mary Gillespie, charged with stealing, on the 5th of Rapramier, $23 in money, from David Wiliams, Pleaded guilty to petit lar cny. These prisoners were sent to the Penitentiary for six months. An Acquittal. Johanna Parker, who was charged with stealing $45 from Alfred Botme, a satlor, at a honse in Catharine street. on the night of the Sth of this Month, Was tried and acquitted, JEFFERSON MARKET POLICE COURT. More of the Panel Game. Before Jadge Flammer, Richard Snyder, a resident of Brooklyn, on Tues- day bight went with Nettie Stewart to a house in Wooster street. He subsequently missed $1i4 which he had in his pocket. Mr, Snyder went to the Eighth precinct station house and made known his loss, OfMicer Terwilliger arrested ER 106, 1874.-TRIPLE SHEKY. Thomas Higgins, and Captain Williams Netue | Stewart. Higgins had been seen prowling in the neighborhood at the time of the ropvery, Oilicer ‘Yerwilliger| proceeded to ah in Carmine street, where the twain cupy apartments, “and tound $49, which Snyder identified as his. The premises in Wooster street were examined yesterday by Oaptain Williams, and he found there a pecultariy ar- ranged bolt which cuuld be mnfastened from the outside, station house. Sneak Thiet Caught. A mat named Patrick Madden was detected ‘rhe prisouers were remanded to tae | | Wednesday night in the act of stealing fitty dol- | “Ready” and insisted on 8 trial or a dismissal of the complaint, ‘This is 8 sult against @ married woman who, Keady claimed, was no more responsible for her hugh 0's soe ‘han the man lu the moon, Ju McCue gave plaintifs’ counsel till one o'clock to get ready. The facts are these:—in June, 1873, Mrs. Reynolds made a written contract with her hus- band to build her @ house on her own lot, stipu- lating when each payment shouid be made, Mr. Reynolds built the house and got paid every cent due trom his wile, to whom he gave receipts for all, He purchased sashes, doors and blinds trom the plaints, with whom Le bad been dealing on his own account for seven or eight years, used a portion of them on bis wife’s house and the bal- ance on houses owned by other customers. [ls wife Knew nothing Oj this, ana be did Bot teil her. Mr, bg eae owed the plaintiffs $195 and admit- ted it, but his wife owed nothing. Mr. Reynolds is her second husband ani she carried on business {n Brooklyn for several years in her own name and thus accumulated the property. When the jury was empanelied, at one o’clock, Mr. Keady arose and said that while Mrs. Reynolds owed the plaintiffs nothing ber husband did owe the amount claimed, and made an offer of settle- ment on his own behalf This offer had been ac- cepied, and thus there was Being [oF the jury to try. Judge McCue remarked that he thought the millennium was coming, so many cases had been settied this term. Railroad Companies Not Responsible tor the Lives of Their Employees. Belore Judge Neilson, On the 23d of February, 1874, a boy named John Kelly, n the employ of the Brooklyn City Ratiroad Company, was run over ana killed by acar which ran off the track on Fulton street. It was tne duty of the boy, it appears, to hitch bis horse on the | left side of the cars going up the street from the Jerry—thia track was next the down track. He jumped off, and was crushed by the passing car. Owen Kelly, administrator, brought suit against the company in the City Court to recover dam- es in the sum of $6,000 for the loss of his son. r. Britton, ex-District Attorney, counsel for the Taliroad Company, moved to dismiss the complaint aiter “the jury had been empanelled, on the ground that the company was not responsible even is the complaint were true. The deceased had taken the employment witn all its attendant dan- gers and risks, and theretore the complaint should be dismissed, Ex-Governor Lowe, who appeared for the complatnant, argued agalust the motion, but the Court granted the motion for a nousuit, OOURT CALENDARS—THIS DAY. Nos. 83, 45, 50, 51, 127, 70, 143, 187, 147, 169, 160, 23, 57, 69, 131, 44) CIRCUIT COURT. 145, 154, 62, 10: Ciry CouRT,— 55, 56, 61, 33, 54, 58,63, Ul, 104, 105, 117, 129, 194, 111, 125. Counry CouRT.—Nos. 38, 48, 16, 27, 50, 59, 46, END OF THE MO:QUITO WAR. King Frost Finishes the Varmin List of Remedies Worth Preserving. Suffering humanity having found a voice in the HERALD as to the ravages of the mosquito and the pain of its sting, alarge number of communications have been sent /or pablication, in all of which tue mnsery and discomfort occasioned by this insect’s mauraudings are described, apparently from avery vivid experience. The advent of the frosty weather turnishes the most effective relief from these pests of the bedroom, but inasmach as in these commu- nications to the HERALD are several remedies we publish them now, go that the particulars of these recipes may be treasured up for the next mosquito season. b, 80, 83, 88, 91, 93," 95, A An Easy Remedy. Having seen the earnest appeal of'*A Lady" for protection for her baby and seif, and wisbing to “earn” her biessing, a3 I get very few, I would re- spectfully inform her if she wlll procure some in- sect powder and put a tablespoontul of it in a saucer or dish and set fire to it and let the smoke fill the room she Will get rid of her pests, the mos- aitoes, and her visitors will not be alarmed when they see that ‘poor dariing angel’’ that it has got any oj the diseases relerred to in. this -moraing’s HERALD. I and also several of my friends have tried this and found it to work like a churm, and it is uot disagreeable eitner. A Venetian Remedy. When I lived in Venice and was disturbed by the mosquitoes 4 used special cones prepared by the druggists. These cones are made of a paste burning by itself when ignited, and give a smoke like a perfume, When people use them, house | just the time required to get undressed betore going to bed, they may be sure that not a mos- quito, even if they Were by thousands, would mo- | lest them during the night, stopping entirely the | disagreeable noise. As 1 could not sicep com- \ tortabiy here ana in the country J sent to Venice jor & box of these cones and a package of the pow- | der with which they are prepared, and 1am using | how indifferently the cones or the powder for the | seven years that I reside in this country, What I suggest to the lady in Harlem for the *poor little pimpled babe” 13 to write to somebody in Venice ‘and she will obtain the wonderful remedy, And lars’ worth of jewelry from the room of Eugene B. | the same thing | suggest to the people iooking for Overton, at No. 60 East Tenth street. Walsh, who rooms in tte same building, setzed the intruder avd had him arrested. He was held in | $900 to answer, FIPLY-SEVENTH STREET POLICE COURT. Alleged Burglars. Belore Judge Otterbourg. John Burns, alias “Piper”? Burns, Clancy, were arraigned on a charge of burglary preferred agaiost them by Mrs, Mary Falkenberg, | of East Twenty-second street, in the hailway of | | Whose residence they were found, as alleged, at + jour o’clock yesterday morning. They attemptea to prove the house to be a disorderly one, and | that they had gone there on the invitation ofa Woman unknown to them. Their defence was not accepted by the Court, and they were hejd tor trial in detault of $1,000 bail each. Firing a Pistol. Jacob Werner, West Fitty-second street, bad fred a revolver at | him on Tuesday morning last, with the intention of taking his life, The ball would very probably | have struck Werner had not a bystander thrown up his hand as the weapon was discharged, The de- fendant claimed that the weapon had gone off accidentally aud that he did not intend to shoot. at the complainant. “The whole aifair was the re- sult of a dronken spree. The deiendant was heid jor farther examunation. COURT CALENDARS—THIS DAY, Tett,—Nos, 257, 258, 66, 108, 154, 180, 224, 270. Davis, Daniels and Lawrence.—Nos, 1 134, 32, 87, 198, 199, 200, 203, 204, 205, 59, 51, 52, 164, 206, 20%, 28, 90,"98, 149, 150, 761, 155, until Monday, October 19. Part 2—Held by Judge 3980, 3932, 3708, 3588, 3888, 3062, 8978, 4000. Part 3—Held by Judge Donohue.—Short causes,—Nos. 1183. 2019, 4035, 8663, 3869, 8657, 8945, 3661, 3665, 4057, 4051, 4107, 3317, 4033, 4189. SUPERIOR VoURT—Triat TeERM—Part 1—Held by Judge Monell.—Court opens at ten A. M.—Shors causes.—Nos. 1293, 1272, 1279, 1359, 1339, 1 1372, 1317, 1861, 1267, 1373, 1134, 1202, 1: 1352, 1406, 859, 1393, 1143, 1069, 938, 1001, 1220, | 932, 2 1219, '1188, i808. Part 2—Adjourned until jonday. : COMMON PLEAS—Equiry TeErM—Held by Jndge | Sar es Large 6, 11, 26, 36, 60, 27, 89, 51, 52, UOMMON PLEAS—TRIAL ‘TeRM—Part 1—Held by laintiffs. John F. Baker for plainutls; Heary P. anion for defendants, MARINE OOURT—P&RT 2, | mncorporated Companies and Their Drafts. Before Judge Joachimsen, cover on a note or draft given a3 a collateral se- | curity in the Loaners’ Bank in payment of shares in the Connecticut West Shore line. The draft, the amount of which was sought to be recovered in this action, was given in this city in part Payment of an instalment for the stock of an in- corported company, incorporated in the State of Connecticut, but which company did its principal ‘Dbusiness in this city. It was not in the hands of a bona holder ior value. ‘The Court held that, jatutes of this State promibited in- jd companies in this State from taking ayment of calls for stock payment, case within the prontbition of the it the note was taken in the State by an ticorporated company in the State for tne payment.of @ call for stock. Judge Joachimsen dismissed the complaint, which will be referred to the Genera! Term. Decisions. By Judge Joachimsen, Thornby vs. Russell.—Verdict for plainti@ for Heath vs, Langley.—Judgment for plaintit, Mulligan v McManus.—Judgment for plaintiq, Bird va. Cary.—Settled. Sheile; Derham.—Judgment for plaintiq, 45 15, Kaho vs, Kraner.—Judgment for plaintif, 102 30. Schaitman vs. Vogel.—Settied. Chamberian va. Raymoud,—Judgment for plain- r, $226 73, Webster va. Yerance,—Jodgment for plaintiff, Miggen vs. Baker.—This was an action tore- | | Judge Loew—Cuse on.—No, 1773. Part 2—Held by Judge Daly.—Nos, 1154, 1145, 1209, 1918, 1163, 1176, | 2137, 1010, 344, 1167, 1226, 1227, 1228, 1229, 1230. | | MARINE COURT—TRIAL TakM—Part 1—Held ; Judge Alker.—Nos. 881, 1021, 625, 327, 414, 123, 5827, 1250, a8, 181, 183, 157, 230, 858. Part 2—Held by Judge Joachimsen.—Nos. 278, 968, 1104, 117334, 286, 811. Part 3—Held by Judge Spaulding.—Nos. 1150, 479, 340, 1311, 606, 108, COURT OF GENERAL Sesstons—Held by Recorder | Backett.—The People vs. Thomas Bryson, man- slaughter; Same vs. Henry Lal | and battery; Same vs, James Devine, burglary; Same vs. John Cairnes, burglary; Same vs. Jacob Smith, graua larceny; Same va. Robert P. Willett, | grand larceny; vs. William W. Smith, grand larceny; Same vs. Thomas Burke, grand larceny; Same vs. Thomas Donovan, grand larceny; vs. Joseph McNally, grand jarceny ; Same vs. Susan po grand ny; Same vs. Herman Win- ers, grand larceny; Same vs. James Tracey, grand lar- ceny; Same vs. Alfred Jones, ialse pretences; Same vs, Henry J. Saulabury, bl ge OYER AND TERMINER,—The ple vs. Charles J. Sheeley, robbery eames va. John McCabe, violation of the Election jaws: Same vs. Martin Nacntman, violation Of the Excise law; Same vs. William Hughes, violation of the laws regulating sailors’ boarding houses, BROOKLYN COURTS. OITY OOURT. Contracts Between Husband and Wife— Is a Wife Respousible for Her Hus- band’s Debts? Before Judge McCue. The case Of Bradiey & Currier, sash, door and blindmakers at No. 64 Dey street, New York, vs. at No. 676 Madison atreet, Brooklyn, came on for trial before. Judge McCue in the City Court of Brooklyn yesterday. Mr. 0. F. Browning appeared $171 35, Callahan vs, Mayor, &c., of New York.—Decision Teagrved, for the plaintim™, and was not ready. Counsellor |, Keady appeared for Mrs, Reynolds, answered and John | @ bartender at No. 756 Ninth | avenue, Charged that William Reilly, of No. 359 | SUPREME CouRT—CuamBers—Held by Judge Bar- | SUPREME COURT—GENKRAL TERM—Held by Judges | 60, 38, 99, | | SUPREMB COURT—CrncuIT—Part 1.—Adjourned | Van Brunt.—Short causes.—Nos. 8404, 4098, 3923, | 3266, 4102, 4034, 4048, 4108,° 8070, | , felonious assauit | Same | and larceny; Same vs. Anne Robinson, | Margaret Jane Reynolds, a married woman, living | ume. A Portuguese Remedy. Ten years ago I was trading wit tue Portuguese | and negroes of Delagoa Bay, on the sontheast | coast of Atrica, the most notorious place for fever and ague, as well as for mosquitoes, on the African | from sunset till saurise, the mosquitoes dance there through the sultry, humid atmosphere liter- to protect ourseives against the bloodthirsty t sects by giving us the following simple receipt:. Make a decoction ol quassia by boiling @ handful @ quart of water for about half an hour. Allow it to cool, and thea bathe your lace and hands with it, or any other part of the body which you may 108.’ 23, 109, 125, 94, 190, 196, 182, 53, | 5 THE GLENDENNING TRIA _— The Pistol Scene in the Back Parlor. ———+——— Continuation of Mr. Miller’s Story—The Loves of “Glen” and “Mary’’—"I’ We Are Found Out I Am a Ruincd Man’—The Tactics of the Defence Censured, ‘The trial of the Rev. John 8, Glendenning was Tesumed at hall-past one o’clock yesterday alter- | hoon, before the Jersey City Presbytery, in the | Second Presbytertan church, Mr. J. S. Miller resumed the witness stand and testified:—Miss Pomeroy showed me her present (the engagement ring), and 1 said, “Why this means business;” she answered, “Yes, he does mean business.’ Counsel for the defence objected and the Mod- erator sustained the objection, Dr. Imbrie appealed frou the decision. He sald that {f such @ raling shout stand and the line of testimony now being offered be regarded as | merely hearsay evidence and inadmissible as direct testimony the prosecution might as well stop. Miss ‘Pomeroy was dead, ana the only vestimony they could adduce would be her reported conversations, They had alreaay decided by asolemn vote that they were not to be governed by the rules of a civil court. Yet he jound that onjections against a certain ciass of evidence were constantly springing up: | They were sitting asa vody to get at the truth, ) and they ought not to be hampered by technicail- | ties and frivolous objections. ‘The Moderator’s decision was sustained, Dr. | Imprie then asked the Moderator what consti- | tated testimony im the case, as there was no use | im proceeding Jurther if all the testimony which | the prosecution hela to be relevant and of vita) importance were to be ruled out. The Mode:ator | Yepliea that the Court would refuse to accept Miss Pomeroy’s aMdayits as testimony, but would ) admis them as information, | Rev. Mr. Edwards said that the Moderator as | Sumed too much in making that sweeping decla- | ration in public, He had nut the right to declare | what constituted testimony. ‘The Presbytery alone | had the right, and they were fully competent to | | | | control the matter. After a debate, wiich at one time promised to continue the whole afternoon, counsel for the derence withdrew their objections, and Mr. Miller resumed, Miss Pomeroy said to me, ‘He means business, and be intends to see you in a few days;” I was | examining the ring at the time; there was some | inseripuon inside the ring, but I don’t know what it was; tt was either in Latin or Frencn; I have not the ring Now; she said she gave it back to Mr. Glendenning for the purpose of getting something | nit, or words to that effect; three or four weeks | alter she showed me the ring; she said that Mr, | Gendenning was very desirous to see me: I in- Jecred 1t was in reference to the proposed | marriage between them; they would sit together ;for a jong time in the back parior) with the folding doors closed while we would be in the | otuer parlor; he would adaress her in my heanng | as “Mary,” she called bim “Glen;” I first became } cognizant of the fact that she was pregnant on | the Monday evening beiore Glendeuniug’s arrest; | Lconsultea my lawyer and be advised me to go | and see Mr, Glendengiag and tiat perhaps ne | would come like a man 20 marry her, but that in ' case he refused we had betier be prepared; we ; had him first arrested ou the charge of bastardy to prevent his going away; when the ollicer ar- | restea him he took him to my house; my wife was | talking to him in the partor; I asked. Miss Pomeroy in bis presence whose child that was and she re- plied, “Glen, | have deceived you—it is youre;” he replied, “Mary, you wouldnt say 8o il it were not for the present surroundings,” or words to that effect; Mr. Nortnrup was in my nouse and he said to Mr. Glendenning | that he was sorry to sce him in such @ situation; Giendenning replied, “Keep your symputuies to | yourself, for you will heed them more than J will be lore we get Out of this thing; Miss Pomeroy told me:that when he attempted the seauction she re- fused, and he said it was all right, that they would soon be man aud wife,as soon as he nad all his ar- | rangements made; ou the might of the arrest Mr. Patrick | ®n agreeable and comiortabie sleep in the summer | Gleodeuning 8aid that he had documents to prove his innocence ; L asked «18s Pomeroy what these documents were, aud she said that she bad signed @ paper to shield him from biame, but she did uot know What the paper coatained; he came to her one evening and handed her a paper telling her to write as he dictated; alter writing sume lincs she refused to Write agy more saying tha’ it was not true; he told her she must write; when she had fluished he told her co sign It and she reiused; he | said, “Mary, look at the position 1 am placed in; tuere are iny mother and sister, and if we are | 1ound out 1 am a ruined man, | wiil be brought be- | Core the Presbytery uud Syuod;” she still refused and he drew @ pistol irom bis pocket, held tt over | her head and compelled her to sign it; she toid me that she could not remember what that paper con- Continent. Throughout the day, but espectally | tained, she was so excited and contused at the time. Counsel for the defence asked fora recess to | enable them to have @ copy o! the testimony of ally-in dense clouds, rendering sleep or even & | this witness, a8 they Intended to object to a great moment’s rest utterly impossible for unacclimated | ‘ti man and beast, so that our trading party would | pr, Imprie suid that Brother Glendenning asked have been compelled to ieave tue horrid country | tms Prespyter: had not an old iriendly Portuguese taught us now | against him. part ofit. ‘Tnis proposition led to a long debate. to investigate certain charges jow can the investigation take piace if he persists in oegleg, J to the testimony against him at every stuge of the case? Ue was now under a cloud, and i this testimony were to of quassia wood (a!so Known as quassia chips) in | be excluded there would be ap end to the case and Mr. Glendenning would remaio under the cloud ull his dying day. Rev. Mr. Mesereau said tnat if the accused desire t0 protect ayainst the attacks of the mos- | brother would not admiv the solemn. dying state- | quitoes, It is of terribly bitter taste, but harmless | ment and the aMdavits of the dead girl then, no to the most delicate skin if washed off occasionally | matter what course the Presbytery might take, | with fresh water, and no mosquitoes wiil alight oa the parts to which the decoction has been freely like a charm, and 1 defy the combined torces of all the mosquitoes of Long Island, Westchester county and New Jersey, or an; to attack me UT will using the above decoction. The “stuf” 1s ubtain- | pytery should able in every drug store, and quite inexpensive. Drunken Mosquitoes. ‘TO THE EDITOR oF THE HERALD:— Idon’t know how tt 1s, but my landlady has taken my mosquito net, and the result is “I am nothappy!? Last night, in order to sicep, I placed a piece of raw beefsteak on a plate at the head of my bed, steeped in some old rye whiskey..\This was by the advice of Mr. Bergh—who, mayhaps knows the effects of whiskey himself. After the posters made an advance movement. One of them @ dilute bill—there was & sie e Bergh thse) dead mosquito! (Don Soon I soaked beel ‘The entire mosquito family came ating me!” I went to sleep, to be awakened sho1 tl after by the worst mosquito concert ever mortal, devil, angel, divine, man’ ever listened to. I raised a light, fellow was canese Juba on the Bible, while atat friend of his lay on her back beating “Devil's Dream” on an invisiole tambourine with one hind leg; another was tying the legs of my pants in & Dow-knot, to hang around the neck of Anna Dickinson, whose pictnre was banging against the washstand, while another red-stom- ached customer was trying to stand on his nead in the wasb-bowl. All over the room were orunken mosquitoes! Still another was limping across the window iil, 1p search of fresh air, to the agonizing tune or sone tramp, tramp!) One “mutual | Irend” vook a bath in the ink bettie, and hts ac- count of himself was most graphic, while another died as he was sitting on the Bo and rugged cup of Geapait, trying to chant “Mother, | nave A Handy Remedy for the Scourge. To THE EDITOR OF THE HERALD:— I have a novel remedy thay t will guarantee will “lay out” more mosquitoes than any other remedy. Take a smail box, say a blacking box, Mx it to the end of a broom handle and fill it with penzine, Just before you retire circum- ‘navigate the room, and wherever you see # mos- Coroner Kessler was called at No. ‘Thirty-second street to hold an inquest on the body of John A. Duncan, & commission agent, forty-five years of age, wno died from fracture of the skull and other injuries, received by accident- | \uat man would be morally | he lives. applied. We tried the remedy and tuund tt to act | Giendenning shocked the feelings ot those arogud other mosquitoes, | oto the slight trouble of | tne honor ofthe Church demanded that the Pres- light was blown ont a swarm of those backbiting bili | on the head of Mr. Glendenning. tue | lead as jung as {Here there Was a murmur of applause. him oy a laugh which sounded through tue whole room. Rev, Mr. Booth raid that the glory of God and robe the case to the bottom. He | regretted, for the suke of Mr. Giendenning Dimseif, that he should go jorth to the world with this case undecided or decided on insufficient grounds, for no Church im the country Would look at him, If | the civil courts had dealt with the case Mr. Glendenning, would have to father the child or otherwise. If the Presuytery were to tuke shelter under tue technicalities which deburred the case from the civil courts then Mr. Glendeaning would stand at the close of this case ag he did at the beginning. ev. Mr. Eddy said -he felt compelled to declare that every word of the eee ipricd on the part Of counsel ior tie deieuce ell like a hammer Here the Rev. Mr. Harkness jumped to his 1eet and called Mr, Eddy to order. He became so excited that the caressed me sweetly on the nose; he sent.in his | prethren burst into laughter, at which be fairly damn, and & | boiled with indignation. Dr. Imbrie hoped ior Mr. Glendenning’s sake heard a tremendous buzzing about the wiuskey- | that the defence would not persist in their course of objections, for a judgment arrived at in the singing in, and such an opera, but they did not | absence o! the very testimony on which the case | ts actually based would be set aside by the verdict of the community. Mr. Glendenning uichinan, or any oper | would go forth under @ darker cloud than vetore and stand condemned bejore the puoiic, then the trouble began, Every mosquito Glendenning here interrupted bim by saying, was as drunk as a blind fiddler, me “Condemned on what?’ were piaying circus on the plate. One big Rev. Mr. Dodd said that if the recess he asked for till next day were not granted, to give him an | Opportunity of consulting some prominent legal gentlemen ing the admissibility or exciu- | ston of a cer! | | 121 West class of be should say firmly he would retire from the conduct of the de- fence, A Motion was then offered end adopted that a recess’ be taken till hali-pagt one o'clock this afternoon. More than half the time of the Seasion was frittered away in objections and de- bates which led to no practical result. Counsel for the defence interposed their technicalities just as Glendenning’s counsel did when the case was taken before Justice ee. The cross-exami- Dation o: Mr. J. S. Miller wili take place to-day. THE BROOKLYN SOANDAL. Sunt Go"Mhe" dit, var Snatil ae, ead on Ir, ed no iy Mr. Beecher Serves an Affidavit of break in upup their hilarious rioting upon blood and whiskey t SMART-FELLOW. Merits In the Tilton Suit. Yesterday an aMdavit of merits, In the action brought by Theodore Tilton against Rey. Henry Ward Beecher was filed in the office of the Ulerk of the City Court of Brooklyn, and a Copy of the same Was served on Jadge M pisinay, The sunjowed ta iD OORE, OL ED cove, men! Tus Crry Court or Broortrn, \- (if against Henry Ward Beschor dotsutan avi Poy eee ne wend aed thy A him | of Me ee Ye - Were ity Qarantee jastant destraction.—Yours State "ork, a—l ‘al trae BARKALINGO, Beecher, the eiondant ie the favor’ entttion ‘aeon be- te peshieleaenieassisitoone ing duly'sworn, doth depose and say that he has fully OORONERS’ GASES, Or Sheatfann Hoge’ bie’ Heeeh ie Sette tata ee t im the city ob a ‘and substantial defence the reot, aa he is wink uci asrlenernars this Ly 0. RD RDELI, Notary Public, Kings ia groove, The foregoing aMidavit was indorsed as fok ally pa or a a of ae ae oeere 10WSi—m Lumber, The deceased was a native of Scotiand. Bus. ‘Mary Davis, a child three years of age, whose amen 'damsan areca New Tot parents live No. 417 West Twenty-seventn GExts—-Take notice that the wins 8 oop ofan Street, while running across the floor fell and | 4avit of mei is day duly ny the office of the MrOgk lee Reed ‘with so mach force that she after- | Clerk 4 Patt Of ee Pendants wards died irom the effecta of the injuries. New ot a ‘Attorneys, Coranar Keasler was notified, To Noakin & Peassaid Kans. Plaintils sttorners