The New York Herald Newspaper, October 27, 1874, Page 13

- THE COURTS. Important Decision of the Supreme Court. Penalty of Keeping @ Sailors’ Boarding House Without a License. LEGAL LONGEVITY OF CERTIFIED CHECKS, Henry Clews to Give an Account of His Property. Remarrying After Divorce—The Stemmler-McGuire Case. ‘The Supreme Court, General Term, yesterday Bppointed ex-Judge Emott a referee to take evi- fence as to the charges made by Mrs, Adelaide Beaumort and her husband against Howe & Hum- mel, the criminal lawyers, Rosalina Maximiltan sued the city for $5,000 @amages on account o/ the killing of her husvand sbrough being run over by an ambulance of the Commissioners of Charities and Correction. In the Supreme Court, General Term, it was decided yesterday that the suit could not be maintained, tmasmuch ag though the Department of Cnarities Was @ department of the city it bad its separate omployés, and that the department, not the city, Was responsible for their conduct, Several months ago the will of James Costello, Who Kept a liquor store on Third avenue, was ad- mitted to probate. He bequeathed all his estate, sonsisting mostly of personal property, to bis Widow, except $2,500 fora gravestone, A motion Was made yesterday beiore Surrogate Hutchings, ‘en behalf of a nephew, Patrick. Costello, to have the decision admitting the will to probate set Aside, The argument of the case was set down for Rext Monday. Angelo di Giacomo, alias Ciccarelll, who 1s @harged, under tie extraaition treaty of the United States with the Kingdom of Italy, with have ing committed the crimes of brigandage and mur- Ger in the vicinity of Naples, under the circum- stances stated in the HERALD on Sunday, was yes- terday brought up for examination before Com- missioner. Kennetn G. White. The prisoner on veing questioned as to whether he desired the as- Mstance oJ counsel said he did not, but finally he thought better of it and said he would like to have the benefit of legal help. Thereupon Mr. Francis ©. Bowen was engaged to deiend the accused. No testimony was takon, as Mr, Bowen said he nad not had time to consider the case of the prisoner. He asked an adjournment .to Monday next for that Purpose. The Commissioner accordingly adjourned the case as requested. Martin Holohan, who had been charged with Naving falsely registered his name as a voter re- ding at No. 258 Mott street, was yesterday exam- ‘med before Commissioner John A. Shields. The evidence for the prosecution tailed to support the Accusation, and the defendant was at once dis charged. Dantel Curran was charged before Commissioner Davenport with baving falsely registered his name a8 @ voter at No. 258 Mott street. It was givenin bvidence that the defendant lodged tn the house in question. He wa3 immediately discharged. Judge Blatchford has just decided, im @ matter Bertified to him by one of the registers in bank- fuptey for his decision, that in a case where all the creditors of a bankrupt have been duly notified Of creditors meeting before a register in bank- taptcy it 18 competent, under the pro- Visions of the twenty-séventh section of the Bankruptcy act, at the second meeting of treditors, to dispose of the tunds in the bands of the assiguee in bankruptcy to creditors Who have proved their claims without leaving in the possession of the assignee a sum suficient to Pay & similar perceatage upon the claims set forth ip the schedule of the bankrupt which have not been proved. In the United States Circuit Court, criminal side, detore Judge Benedict, Charles Bb. Meyer was put apon his trial yesterday for having neglected to Bancel revenue stamps on beer barrels and using the stamps asecond time. The case had not con- eluded at the adjournment of the Court, Frederick Spuler, wo had been accused of issu- img counterfeit five cent nickels, was discharged Jesterday by Commissioner Shields, there belng no Widence to support tne charge, THE SHANKS CONIEMPI CASE. Tbe Supreme Court, General Term, gave yester- fay its decision in the case of W. F. G. Shanks, in Wich an appeal had been taken from the decision of Judge Fancher. Shanks had been imprisoned in Kings county for contempt of court in reusing to anewer betore the Grand Jury a qaestion as to the G@utuorsbip of an article in the Zribune alieged to de @ libel on Judge McCue, of Brooklyn. A writ Of habeas corpus having been obtained irom Judge Fancher, Shanks was brought before him in Bupreme Court, Chambers, in this county, and, Giter @ protracted argument. discharged on the + ground 0! want o! definiteness as to the verm of Im- Prisonment, which, under the statutes, it was med, wuould not have exceeced thirty daya, 2 appeal was taken from this decision, The nerai Term reverses this decision, Judge avi writing the opinion, dhe Court Holds that both the common law ana the Stacutes avree in permitting the comuitment lor $0 indefinite term of a varty who refases to answer a legal question propounded by the Grand Jury, or until he purges himseil of the contempt oy answering the question, The Court also nol that the writ of habeas corpus was vold in vais case onder ibe statute, iu that it was granted from tis poanty sheriuf of another county to produce a person held in that county; that a writ o. habeas Corpus granted by a judge sitting in one county for tne production of the person of a party Sharged with crime in another county must be made returnable before the Court of Oyer and Terminer in the county woere the prisoner is heid; ‘Mat this rule applies to Mr. Shanks, and that jor sols reason the writ granted in his beuall ts void, fhe Uourt directs that Mr, Scauks be remanded to the custody of the Sherif of Kings county (irom which, througn the order of Juage Fancher, he bad been released), to be held subject to the at of the Court of Oyer and Terminer of that J. SAILORS' BOARDING HOUSES. The trial of William Hagues on a charge of keep- ‘Bg @ sailors’ boarding house without a license commenced yesterday in the Court of Oyer and Terminer belore Judge Brady. District At- sorney Pheips prosecuted and Mr. John McKeon Bppeared jor the prisoner. The business of Swearing in a jury occupied considerable ume, ach juror being solemaly challenged ‘for princi- pal cause” and ‘to the favor,” just as on We trial of Tweed hind Stokes and others % the more important trials coming be- fore this Court, Each juror was also asked Whether he had any prejudice against sailors’ doarding house keepers in general, aud finally Whether he had any prejudice against Wiliam oi in particuiar, Finally, notwithstanding Bil tila caution to get on the jury the right kind of men, the jury was completed, It did not take much jonger to finish the trial than to get through Mus preliminary part ol it, ¢ iret Witness calied was Charles A. Hencke. boming out of Hughes’ place, and to lis verving & notice on bim to pay license a satiors’ §~—boardin, house keeper. Pilot Commis-ioner G. W. Bluut was the ext witness. When he was called to the stand » McKeou threw out un intimation of waste of Money by the commission, but subsequently said he did not refer to the preset commission. Mr. Blunt availed himeel!, however, of the occasion to lve aM ACCOUNL oi the receipts and disbursements Inder the present Board. is testimony aa to tne case in point amounted siniply to the fact that some person, who might tiave been the accused, tallied on him to explain the interpretation of jhe law requiring the keepers o7 satiors’ Doarding houses to take out licevses. Alter he ad given tiia explanation his interviewer withe irew, saying that the satlors’ boarding house Keepers Would not fant against the law. testimony jor n ld not help the ac cused ju the ie and Bult, Alter the case hed th a ‘eache was poavpous ll Mondage’ it pasts 16 te said that all the prosecution is.9 alight fine, t! the initiatory case, but with the intimation that in case of cther convictions the extreme penaity will be inficted, CURIOUS CERTIFIED CHECK CASE. In May, 1862, Lawrence KR. Jerome, a stock broker, having an account with the Corn Ex- change Bank, drew his check tn favor of nis wie, which, on the same day, he procured to be cer- Ufied as “good” by the bank. Jerome testifies that he was then doing business im bis wue’s name, or as her agent, It appeared, however, that the check, althongh temporarily delivered to the wife ior household expenses, was never used, but was taken possession of by Jerome and put away by him in @ box forgotten by him, and oniy acci- Gentaly jound by him some seven years later, when sitting in the office of certain Broad street brokers, In the meanwhile Jerome had drawn bis Moneys out of the bank and closed his account with ibem some two years previous, but had never been debited wiih the chi and it had never ap- eared in his pass book, which in the interim faa at vuarlous times been alunced and passed under his notice. On finuing the check trade was made for it with Philip H, Stevens, who gave tu exchange for it one eighteen-hungredth part of the possible rofits of & gas Compaby jormea for “ex- Proating oxygen gas,’’? No paper appeared in proot evidencing the transaction, und no proot of the value of the gas shares appeared, On these lactis Stevens claimed to recover ot the bank $2,500, the whole face of the check, althougi Jerome had long since drawn ailthe fupds out oi the bank. The case came up for urgumeat yesterday in tne Su- reme Court, General Term, before Judges Davis, aniels aud Lawrence. Mr. Moses Ely, coun- sel, claimed that the certification of tue check created an absolute obligation on the part of the delendants to pay it, irrespective Ol what was given jor it and of the question Whether there were iunds in the bank or uot to meet it. It was urged by James W. Gerara, on benalf of the bank, that the obligation to pay was not absolute, but only couditional on the equities of the case; that t.e plaintit had ull notice by the date of the check that it was, tn the eve ol the law, dishonored aud past aue, and, therefore, did not hold bona Jide, ng under obligation to in- quire into the tacts; that he ; area with no actual vaiue on taking the check, and that the whoie thing Was @ scheme Co recover, by a legal techicai- ity, vom the bank a@ sum which they did not owe and which Jerome bad taken from the bank long betore. The case below vad been decided in favor of the bank, and this was an appeal from the re! eree’s decision. The Court took the papers, re- serving its decision, THE EXAMINATION OF MR. CLEWS. Adecision was rendered yesterday by Judge Lawrence denying the motion to vacate the in- junction granted on the application of Louis E. Schneider and other judgment debtors against Henry Clews, and also directing the examination of the latter as to his properry. ‘The opinion is as lollows:—“Reflection upon the facts and circum- stances stated in the atidavits presented to me in this case contirms me 10 the conciusion which I reached when it first came be/ore me, that it sufficiently appears that the judgment debtors have property which they unjustly -refuse to apply in satisiaciion of the respective pays ments, ana that they are resorting to a device 10 elude Vigilant creditors, and thata case is made Out within the second subdivision of section 2/2 of the code. Ihave tuliy considered the objections presented by ‘he learned counsel jor the judgment debtors, but they fall to convince me that there are any such radical detects iu the afdavits as will warrant me in vacating tae order, The tact of @o assignment having been made is no reason for vacating the order, inasmiucn ag the last clause of section 22 of the code expressly provides taat “nor gaali he (the juggment debtor) be excused from answering any question on the ground that he bas beiore the eXamination executed any con- veyance, assigument or transier of his prop-- erty for any purpose; but his answer shall not be used ag evidence against bimin any criminal proceeding or prosecution, ‘Tne order must therefore stand andthe examination will be proceeded with.” pubsequent to the above decision being made known it was arranged between counsel that the examination of Mr. Clewa be entered upon this morning. A DIVORCED HUSBAND REMARRYS James Marshall was divorced from his wife and interdicted by the decree trom remarrying daring her lifetime. Subsequently ne married again, the murriage being periormed in Pennsylvania, al- thougn he was still a resident of thia State, in which he had been divorced, He brought suit for divorce against the secund wife, Judge Dononue aecided that the second marriage, being in viola- tiion of the laws of the State, was void. Au appeal frown this decision was tuken to the General Term. Two members of tie Court, and Daniels, have written lengthy opinions im the case, ‘The former afiirmed the decision of Judge Donohue. ‘The lat- ter holds thatit would be an advantage to tne husband to declare the marriage void, or, in other words, legalize the comission 01 & marriage on bis part, aud enable him uot alone to get rid of bis wue but to escape the penalty of his wrong. doing. Judge Davis gives his views in a very lew Hoes. He coucurs with Judge Westbrook as Ww the better course, so as to enabie it to be carried to the Court of 4 ppeals. THE SEVENTH DISTRICT COURT. Judges Westbrook Another stage, though not the final stage, as Judge McGuire will carry it to the Court of Ap- peals, was reached yesterday in the long pio- tracted controversy between Judges McGuire and Stemmler as to the judgeship of the Seventh Dis- trict Civil Court, by a decisicn in the case by the Supreme Court, General Term. Ali the detaila in the case baving been published im the HERaLp at the trial beiore Judge Van Brunt tt 1s unnecessary to repeat them. The verdict at the trial waa in tavor of-Stemmier. Judge McGuire's coun- sel moved to set aside this verdict on the Judge’s minntes, which was depied. Sub- sequently a motion lor @ new trial was made on the ground of newly discovered evidence, which was granted. From the decision on tne lirst mo- tion Ju McQuire took an appeal, and Judce Stemmier appeaied irom the decision on the second motion. ‘ihe cecisiou of the General nD iavor of Stemmier on both motions, Ai Teady stated, there will be an appeal irom the decision. BUSINESS IN THE OTHER COURTS, SUPREME OOURT—GENERAL TERM Decisions. By Judges Davis, Daniels and Brady. Dean vs. ‘The Aitna Lifts lnsurance Company.— Judgment and order reversed aud new trial g@rauted, with costs to avide the event uniess plaintig, within twenty days afier entry of tae order hereon, stipulate to ceduct $2,097 60 an of the date o! the verdic!, in which case ju: gment and order aiirmed, without costs to either Opinions by Judges Brauy, Daniels and Davis disseutiog, Zoicotter vs, Havemeyer, Mayor, &c., et al.— Order aftirmed, with $10 costs besides disburse. Upiuion by Jude Bra Jay, receiver, vs, De Groot et al.—Order affirmed, With $10 costs and disbursements, Opinion by Judge Daniels. Duryee vs, The Mayor, &c., of New York.--Motion for new trial deuled aud judgment ordered for de- Jendant. Opinion by Judye Brady. Songdevorn et al. vs, Mina et ai.—Order affirmed, with $10 costs besives disbursements. Upinion by Judge Brady. Daimbman vs. Butterfleld.—Order aMirmed, with 10 cost besides cisbursements, Opinion by Judges avis anu Brady, Judge Braay disseuting. Campveil, MiIsiratrix, vs, Hodge. -Order aflirmed, with $10 costs besides disbursements, Opinion by Judge Brady, The People, ex rel., Stemmler vs.McGuire.—Order reversed and motion for new triai denied, with costs, and judgment ailirmec und appeal irom order aenying staying proceedings disii-sed, without costs, Upiniog by Judge Daniels, Judge Brady taking DO part in the decision. ‘rhe lnatanapolis, Peru and Chicago Railway avis, Company vs. tyng.—Jadgment afirmeu. Opinion vy Judge Brady. Maximilian, Administratrix, &c,, vs. The Mayor, &c., New York.—Judgment aud order re- versed and new trial ordered, with costs to abiae’ the event. Opinion by Judge Daniels. In the matter, &c., of burke; in the matter, &c., ol Philups.—Orders reversed, witn $10 costs, besides the disvursements aud prayers of peti: tions denied, with $10 costs of motions beiow. Upinions by Jadge Davis. the People ex rel., Stimier and Another, vs, McGuire.—Appeal from order granting & new trial on the ground of newly discovered evidence re- versed and motion denied, with costs, Opinion by Judge Duniels, Judge Davis concurring, Judge Brady taking no part tn the dectsion, Sande vs, 5ame,—Judgment and order appealed trom aMirmed, Same opinivn, Same vs. Same.—Appeal from order retusing Stay vl proceedings dismissed Without costs, Same opinion. ‘Lhe People ex rel, Ketteltas vs. Cody.—Amtirmced with $10 cosis besides disbursemeuts, Opinion by Judge Brady. In the matter, &c., of Ketteltas,—urder reversed With cos!s besides disbursements, and prayers of etition denied with $10 costs of Opposing motion elow., Opinion by Judge Davis. Meyer vs. the Mayor and Council of New York.— Order reversed with costs and judgment ordered ior plaintid on demurrer With costs, with leave to @nswor on payment of Gust Opinion by Judge Westervelt vs. Ackley.—Jud, costs. Opinion by Judge Dan) By Judges Davis and Brady. Vermuele vs. Hovey.—Motion to dismiss appeal granted, with $10 costs. by Judges Davis, Brady and Daniels. Richardson, &c, vs. Viriue et al.—Judgment affirmed. Opinion by Judge Brady. Hubbell vs. Von Schoeming and another.—Judge- ment aitirmed. Opinion by Judge Brady, By Judges Davis, Danieis and Westbrook. The People ex tel. Phelps vs. Funcher,—Order discharging shanks on habeas corpus reversed, writ dismissed and prisoner remanded to the cus- touy of the sberif of Kings ceunty, to 'e held sud- ject to the order of the Oyer and jerminer of that copnty. Opinion oy Judge Wes'brook, Marshall vs. Marshull.—Order afirmed, Opinions jent afirmed, with els. by Judges Westbrook and Daniels, Judge Daniels dissenting. SUPREME COURT—CHAMBERS. Decisions. By Judge Barrett. In the Matter Of Wiitmark.—I cannot permit the withdrawal of the money under the c' stances brougn' to my attention, By Judge Lawrence, Setlen vs, Cheevers.—Motion to compel pur- chaser to compete 1s dented. the Matter of Breen.—Writ dismissed and prisoner remanded. Opinion, Giles vs. Downey.—Memorandum. Waltman vs. Creely; lu the Matter of Clapps Smith vs. Mesick.—Memorandumis jor counsel Schalecer vs. Clews.—Opinion, ln the Matter of Mclntyre.—Order granted, SUPREME COURT—SPECIAL TERM Decision. By Judge Donohue. Real Estate Trust Company ve. Keech.—Judg- ment for plaictif, See opiuion. SUPERIOR COUKT—SPEOIAL TERM, Decisions. By Judze Sedgwick, Hexter vs. Knox; Castens et al. vs. Muller et al.—Cases and amendments settled, By Judge Curtis. Gillespie vs. Giilespie.—Motion that plaintif be panished for contem)t in diso eving the order for the payment Of alimony granted with costs. Nichols vs, Sullivan.—Orger granied jor filing consents, O’Brien, Sherif, vs. The Merchants and Traders’ insurance Chmpany (and thirty other ‘The motion tor leave to discontinue these ON the part of the Sheriff, is denied, with- out costs. See memorandum. Howe vs. The Ratlway Passengers’ Assurance Company.—Motton granted to transier the cause to the Federal Court. MARINE COURT—CHAMBERS. Decisions. By Judge Gross, Johnson vs, De Wilde.—Motion to vacate judg- ment, &c, Memorandum. quinn vs, Cain.—Mction to open defauits granted. see memorandum ‘Traman vs. Woodhull et al.—Motion to set cause down ior trial granted. Same vs. Same.—Motion to vacate order of arrest denied, Stewart.—Motion to punish judg- um Thurber vs. ment debtor denied. By Judge Joachimsen. Frost va. Healey.—Motion granted. Jaeger vs, Lemount.—Memorandum for attor- ney. ao vs. Crump.—Judgment for plaintiff for Griswold vs. Fogg.—The proceedings stayed on defendant complying with conditions imposed, Jobson vs. Burnes; Kirk vs. McHugh; Jacobs va. Rotherne’.—Motions granted. Woodruff vs. Brotherton; Van Dyke vs. Reeve.— Motions denied. Jacobs vs. Hyman.—Motion to open default granted. COURT OF GENERAL SESSIONS, Burglaries and Larcentes, Before Recorder Hackett. Peter Fleshman, indicted for burglariously en- tering the house of J. Hines, No. 470 East Thirty- sixth street, on the 9th of September, and stealing four pairs of pantaloons, pleaded guilty to the third grade of that offence. He was sent to the State Prison for five years, Mary Phillips was tried and convicted of steal- ing $10 trom the person of Manuel de Viadero on the 13th 01 September jast. She was sent tothe State Prison Jor three years. James Conolly, Edward Ryan and William Ward, who, on the 16th inst, broke into the restaurant of Robert Woif, No. 45 Third avenue, pleadea guilty toan attempt at burglary in the third de- gree. ‘ Thomas McCarthy pleaded guilty to petit lar- ceny from the person in stealing, on the 13th of October, a watch worth $18, from the person of Adam Hater, liattie Smi:h pieaded guilty to an attempt at petit larceny from the person, she having, on the 19th of last Month, stolen a watch worth $10 from Alphonse de Artenay. ‘The above named prisoners were each sent to the State Prison for two years and six months, William Percival plead-d guiity to ao attempt at grand larceny, the allegation against him veing that on the 15tn of Octover be stole sixty cents irom Edward R. Stimpson. The puntstmieut tue ficted was eighteen months in the State Pri-on, Kaward Lundy, a youth, charged with stealing @ watch and chain, Wort $45, irom William R. Smith, pleaded guilty to an attempt at grand lar- ceny. ‘This prisoner was sent to tue Penitentiary for two years and six munths. James Martin pleaded guilty to an attempt at burglary. The indictment set forin that on the 19th of June he broke the window of Joun Welker’s saloon at Nu. 227 West Forty-sixtn street and stole $20 worth of property. ‘the prisoner having been in prison since the perpetration of the crime, His Honor took that into consideration and (fens bim to the Penitentiary ior eighteen months. Hatule Knight and Caroline Blum were tried upon an indictment charging them with burglari- ously entering the store of Willtam Kinzey, on Broadway. lt appears that on the night of the loth of this month a number of pieces of velvet were removed irom the window, worth about $150, The defendants were found walking through Tentu street at an early hour in the morning by a police oilicer, and two pieces of the stolen veivet were found in their possession. They said they iound tne velvet in a dry goods box a 1ew doors (rom Kinzey's store. The jury convicted them of receiving stoien goods with a gutity knowledge. His Honor sen- Venced each of them to the state Prison for one year. ‘Timothy McCarthy pleaded guilty to an indict. Ment charging lim witu ying @& pair of brass knuckies, contrary to the siatute. He was sent to the Penitentiary for nine months. John Kyan and Joun Smith, who were indicted for eifecting a burglariousentry into the dweliiog house of Euoene J. Jackson, No. 130 East Tnirty- fith street, on the 9th cf Uctober, pleaded guilty toan pt. They stole one fleid glass, four overc nd three dresscoais. These prisoners were remanded for seatence, Petit Larceny. Peter McLaughlin, William Johnson and John Reilly, who on the 80tn of September stole vests valued at $27, belonging to the frm of Rogers & Douge, pleaded guilty to petit larceny. They were sent to the Penitentiary ior six mouths, Benjamin Newman pleaded guiity to obiaining $450 in money by ialse pretences, and was sen- tenced to imprisonment in the State Prison for one year. A Disagreement. Joseph McNally was tried upon an indictment which charged that on the evening of the 27th of September he stole @ portemonnate containing three dollars irom the person o/ Antonio Montalo, while he was passing through Houston street. Ag the prosecuting witness was near sighted six of jurors gave the benefit of the douvt to the ac- d, and the result was a disagreement and the barge of the prisoner. TOMBS POLICE OOURT. Very Fond ot Driving. Beiore Judge Morgan, On Sunday afternoon as Mr. McDermott, of No. 134 East 123d street, was coming home on his coach {rom Calvary Cemetery he stopped on the corner Of Sixteenth street and avenue B to see an old friend. While in the house his coach aud horses disappeareu, James Kerrigan, found driv. Ing a coach yesverday, was locked up to answer the Charge of stealing them, He Yearned to Live at a Hotel. Mr. Martin Welth, of No, 309 Mott street, made complaint yesterday aiternoon to Judge Morgan, of bis nephew, Jonn Welsn, whom he charged with having stolen $250 from him on Joho was caprured at the St. Chari he had regisiered for tue winter. Hote He was FIPLY8EVENTH STREET POLIOE COURT Assaulted His Wite. Before Judge Otterbour; Patrick Cunningham, of No. 207 East Seventy- sixth street, Was charged with felonious assault wo heid, on his wile. The officer testified that Mrs, Oun- ningham had been beaten so badly with a fire shovel as to ate her removal to Believue Hospital, Where she vow iles in a dangerous condi- tion, He was remanded, COURT CALENDARS—THIS DAY, SUPREME COURT—CHaMBERS—Held by Judge Barrett.—Nos, 64, 87, 108, 111, 118, 123, 127, 181, 2 164, 175, 182, 186, 201, 218, 205, 206, det, Scrngue COURT—GENRRAL 1ERM—Leld Dy Ji Davi, Daniels ‘and ww rece,Noms 229, hie ig J 1, 8, 7 147, 19 Siam tah iat 16, "Ta anton SUPREME CoURT—UrRcuIT—Part 1—Adjourned *~ vhe term. Part 2—Held by Judge Van Brune.—Nos. 3654, 2616, 2140, 2126, 3054, B8t4, V2 Taou, 1440, 2674, 2690, 2704, 354, 1518, 2328, 2712, 2714, 2713, 2722, 2728, Part 3—eld by + 2481, 1983, 1465, 2055, . 269, 1137, 687, 44: BlaL TERM—Part 1— 483, 20495, 1651, 18 SUPERIOR VouRT- eld by Judge Moneli.—Nos, 257, 739, 045, 65%, 313, TTL, 8056 807, 809, 811, 613, 8: 9%, S21, 823, Part Judge 5+ dewic' 245, 1156, 865, 7: 715, O4249, 424, 582, Texm—Held by Judge COMMON PLEAS—TRIAL TERM for the term, Part 2—Held Judge Daly.—Nos, 712, 1192, 1171, 1173, 1253, 1068, 1069, 1 770, 1154, 1111, 1214, 1104, 1991, 1088, 1148, 1107, 1, 1229, 1280, 969, 2055, 2174, 1, 2 and3— Part 1.—Adjourned MARINE COURT—TRIAL TERM—Parts Adjuurned for the term, BROOKLYN COURTS. Trial of Mrs. Sarah C. Merrigan for the Murder of Miss Maggie Hammill—A Jury Panel Exhausted and Another One Ordered for To-Day. Before Judge Tappen and Associate Justices. Toe trial of Sarah C, Merrigan for the murder of Margaret Hammill was commenced im the Kings County Court of Oyer and Terminer, Judge Tappen presiding, yesterday morning. It wiil be remem- bered that the crime for which the prisoner is arraigned 18 one of peculiar atrocity, and the circumstances attending its commis- sion apd the efforts to destroy all traces of the murder are certainly re- markable. The alarm of fire was sounded on the nieht of September 6, 1878, and the fremen lent @ prompt response to the summons, repairing to the scene of action, a tenement house, No. 199 Ninth street, Brooklyn, Eastern District, The flames were issuing ‘rom a bedroom on the second story of the building, and the firemen were forced to break open the door, which was locked, As‘soon as the fire had been extinguished and the smoke was cleared away the body of a woman, partly charred, was lound extended on a bed, which was broken down, the boisters resting on the floor, Close inapection of the corpse revealed the lact that @ cord, such as is used for clothes lines, was made fast around the neck of deceased, and it was manifest to the medical men who were present that the dead woman was a victim of foul play. The body was subsequently identified as that ot Miss Margaret Hammill, a spinster, and possessed of considerable property, a frequent visitor to Mrs. Merrigan and a former school companion of the de‘endant, Tne deceased was seen entering the house three days previous to the tire and not seen again alive. On the inquest, whicn was held beiore Ooroner Whitehill, several circum- stances were deveioped touchipg the movements of Mrs, Merrigau which were deemed suficientiy strong to warrant her being held to await the action of the Grand Jury, by which latter body ane was Indicted last winter. THE PRISONER. Sarah C. Merrigan entered the court room, ac- companied by an vilicer, her mother and chud, a girl rourteen years old, at ten o'clock, and, taking @ seat on the right hand side of the room, in the rear of the jury box, gazed, with paliid counte- nance, about her. Mrs. Merrigan was very neatiy atcired in @ suit of black alpaca and bouneto: the game nue, She wore her bair in ringlets, which rested becomingly on her shoulders. ihe accused 1s of tair complexion, has black eyes, straight features, small mouth, good teeth, and hands that do not indicate much exercise or manual labor. During her long incarceration in the Raymoud Street Jau she tas won tue confidence and respect of the Sherliif and her keepers through unilorm and lady like bearing und compliance with all rules and reguiations of the prison, t hall-past ten o’ciock District Attorney Wins- Jow moved that the cause of tne people against Sarah C. Merrigan, the prisoner at tue bar, be cailed. The case being duiy called, the witnesses answering to their names took their seats in the jury stall, Mrs, Merrigao then came 1orward and took her seat by the side of Messra, Bb. F. Tracy aud P. Keauy. A panel of forty-five jurors was exhausted and only eleven jurymeu were ob- tained, @ majority of those who were rejected being excusable under the statute bv reason ol their entertaining conscien- tious scruples against capital punishment, Two jurors were toid to stand aside vy the Court, they being exempt on the score ol axe, being over seventy yeurs 1 was near one o’cluck when the Clerk of tie Court announced that the pane! was exaausted. The Disiret Attorney said 1b Was desirabie (0 have, 11 the Court go ordered, @ panel Oi seventy-five jurors drawn. Toe detence had the rigut to thirty peremptory chailenges, aud had only challenged eleven. Judge, Tappen ordered the desired panel to se drawn, aud ad- jourued the trial until ten o'clock this mora- ing. ‘fhe Judge cautioned the jurors that, aituvugh they had hut been sworn as yet they must con- sider themselves -lixely to become sworn jurors; thereiore they must exercise tne utmost caution in avoiding discussion upon the case, ‘ney must not permit anybody to approacu them either in lavor of ur against the prisoner, and if they should be 80 approached if was their duty to so make a note of the place. ume and circumstances thereol, gad refer the jacts to the Court, Among the Witueases tor the defence present yesterduy were Dr. Brown, Superintendent of Bloomingdale Lunatic Asylum; Dr. C. #. Mac- donald, late of Fiatoush Asylum, and Dr. Core; consulting physician of the lutier named inatitu- OITY OOURT—PART 2, The Tax Ofice Frauds—Commencement of the Trial of Isaac Badeau for Em- bezzlement of the City Funds. Belore Chief Justice Neilson. Yesterday sorenoon the trial of ex-Tax Collector Isaac Badeag was commenced in the City Court, before Justice Neilson. The defendant was in- dicted tor having embezzled between $25,000 and $80,000 of the city money, in various sums, pe- tween January 1, 1846, and January 1, 1872, while filling the ofice of Coilector of Taxes and Assessments for the city of Brooklyn, and with wrongiully and iraudulently converting the same to his own ure, The indict ment was jound by tho Grand Jury in March last, @nd tho case has been twice since called on ior trial, but has each time been postponed upon medical evidence setting forth the danger wnica would attend Mr, Badeau, whose health is so sadly impaired, were he compelied to be present in court, Yesterday the detendant was early in the hall of justice, Jooking in good health, and ex- essing, in private conversation, confidence in ils acquittal. D. P. Barnard aud Colonel Joan R, Feiluws appeared jor the defence, and Mr, Josoua M..Van Cott and the Assistant District Attorney for the Alter the trial had been moved for as discoveied that Mr. Badeau had not pleaded to tne in- dictment. The counsel for tie deiendant moved tuat the prosecution elect upon which count they willtry, The Court dented the motion and excep- tion was taken. Colonel Fellows ciaimed that the ludictment is @ misjolnder of mies setting out distinct and separate crimes. it snouid be averred that he took @ check which had a 1epre- seutative value in gold, siiver or bank bills, and the indictment was fatally defective in not stating these things with cd ge He moved that the indictment be quashed. The Couct overruled the motion to quash Lhe indictment and the prisoner pleaded ‘not guilty.” A jury Was then empanelied and the trial com- menced. The case was then opened or the prose- cution by Assistant District Attorney Moore, wuo recounted the Caily ruutine oi duties in the tax Oftice, aud assured the jury that the guut of the defendant would be made clear to tien. ‘The chief witnesses examined were John Brady, clerk in the Tax OMlve; Mr. Seamun, tue expert who examined the books of the olice, and Mr, Edward W. Rasher. Tne evidence was a tedious recital of figures and objection on the part of the counsel Jor the deience to the method of the prosecution, The trial will be resumed to-day. UNITED STATES SUPREME COURT. Decision on the Validity of a Le Given by a Military Governor—Tho Granger Case Not Advanced. WASHINGTON, Oct. 26, 1874, The Supreme Court to-day decided the case of the City of New Orleans against the New York Mail Steamship Company, No, 5, recently argued, sustaining the decree below, which held that the wharf lease given the steamship company by the Governor appointed by the military authorities alter the capture of the city was valid Jor the term of years named therein, although ex- tending beyond the termination of bostiities, The theory Of the Court is, in suostance, that the capture of the city gave to the military authori- ties oi the Union the same right with respect of the property there situated woich would attend the conquest of a foreiyn country. Mr. Justice Swayne delivered the opinion, Judge Field dissents, holding that no valid alienation Of any portion of the levee and landing of the city could be made by the miiltary authori ties extending beyoud such occupation. Toe Court denied the motion to advance the granger cases, which leaves them to be heard only when reached in their oraer on the docket. ‘This decision will ag over the first case aa for as March or April next, and wiil be embarrassing to ba ys joterests involve: cotton tax Cases are lili beiore the Court NEW YORK HERALD, TUESDAY, OCTOBER 27, 1874.-QUADRUPLE SHEET. | a BIT OF MORMON HISTORY. The Secret of the Mountain Meadow Massacre. To THE EDITOR oF THE ST. LovIs REPUBLICAN: Reading an article in your paper of the 7th inst., “The Grand Jury in Ctan,” cails up to my mind the ve-y melancholy reflection ‘hat the killing of Eider Parley P. Pratt, the second elder in the Mormcn Crurch at pat time (in 1856 I believe it was), near Van Buren, in thia State, by Mr. H. H. McLean, of San Francisco, was the cause of the Mountain Meadow massacre. Mr. McLean, agent tor the steamship company of San Fran- cisco, had his wife stolen trom bim by this man, and made his seventh wile. Mr. McLean sent his two children, after this happened, to his father-in- law, in New Orleans. Tbey were a boy anda girl, and as interesting us children could be. Some time after they arrived at New Orleans the mother leit Salt ke and went and got them wad started to Utah with them. ‘The almost broken-hearted fatuer leit bis business to look alter bis children. On arriving at New York be heard of Pratt in the city and tracked him fo st. Louis. Then he lost ail sight of bim ana went to New Orleans. Arriving there he heard Of his wie and cuildren in TeXas with @ Caravan going \o Utan. He wens to Texas, aud there he imtercepted letters written in cipher to Airs, P, P. Parker, (he assumed name of his wile, Having become abic to decipuer (he letters he learacd trom them (bey were trom Pratt, and he desired the caravan to come totne neighborhoud of Fort Gib- son. Mr. McLean returned to New Urieans bro- ken down tn spirit, and knew vot whattodo. He resolved to go to’ Fort Gibson, in the Che: okee nation, He did so, vad under the name Oo} Johusen (is secret being known to the Oflicers of the tort) le captured bis wie and children and the brunsa | Seducer also. ‘They were arrested oy the Uuited States Marshal avd taken to Van Buren, betore United states Commissioner Join B. Ogden, tor trial, The charges tor stealing his wie’s clothing could not be sustained, and tere being no crime known to the jaws of tie United States under which be could be held he was released. Never shall | jorget the trial, the great excite- ment and popular desire ior vengeance on Pratt. When Mr, McLean appeared in Court and read tne Papers tp ciptier, written by the old serpent, and stated the history of his 80 Lapyay tamily bern, | broken up, the p opie desired to lynch Pratt, au he was put in jail to preventit being done. McLean himself became so highly ofenied and so deeply excited that at one time he commenced drawing his pistol to kilt tim in the court room, Pratt wus secretly discharged early the next morning, but the watcbfuluess of McLean fouua it out, and he followed bim and killed iim, and returned to town and gave nouce of the fact. fe then got sone assistance of his iriends here and took his children to New Orleans or San Francisco, aud his wile, who had been a higaly mutel- lectual woman, was, 1 think, taken to an in- sane asylum, Of Mr. McLean it may be said that he was a gen‘leman ol fine education, great business navits, a kind, generous, true and trusty Iriend, overflowiug with human kindness—indeed, there ure very .ew like him, His act was approved and justified by all this people, and Mf there is a Just God must bave been approved by Him. Many a time has tie meluncnoly reflecision come over me thatthe murcer of 120 persons by tnd Mormons Was for the just déatn of this impostor and scoundrel. A WITNESS. A MYSTERIOUS AFFAIR A Prominent Kentucky Physician Probably Ku Kluxed. {Special correspondence to the Louisville Courier. Journal from Frankiort, Ky.) Dr. J. M. Botts, of Millville, in Woodtord county. leit home on Wednesday evening, October 7, avout nine o’ciock, 10 visit a patient near the mouth of Glenn’s Creek, Kentucky River, and up to this (Saturday) morning, has not been seen or heard from. Dr, Botts is @ prominent city physt- cian, a worthy minister of tne Methodist Episco- pal Church, and a man generally esteemed by all who know hic. His disappearance, under the circun:stances, Is one of the most mysterious and unaccountabie incidents that has occurred 10 tis region tur along ume, His wile says that he leit his pocketbook at home,, with all of his pocket money 1p it; and, upon inquiry at the bank here in Frankiort, where he has @ de- posit account, it is ascertained that he had not drawu out any money for several weeks past. When he :eit home he told bis wile that he was go- ing to see Mrs, Lattie (aear the mouth ot Gienn’s Creek), wno was very ill of typhoid jever; that be shoud bave to sit up With and wait upon ber all night, Aba that ne would Dot return liome until twelve o’clock the next day (lhursday), This is undoubtediy what he antended to «io, as Mrs, Lacue was verv il, and had to employ another physician in consequeuce of bis failure to put in an appearance. Mr. McGinnis, Who resides im the nelgnvorhood of Millville, luiorms me that Dr. Botis, though « republican, expressed bis determination some time uz0 ‘to vote ior Biackvurn, the democratic Candidate ior Congress, and has ail atoug taken the ground that every citizen of Woudiord ought to vote for him (Blackburn), oD account oO: the eminent service rendered the county oy him during toe past three or four years, in saving the county trom bankruptcy, ec. Mr. MeGinuis further says tnat the oniy ii- aginavie theory upon which Dr, Botts’ disappear- auce can be accounted 1or—and he admits this 18 HOt @ too plausiole one—is that fhe rautcals, be- coming incensed by his declaration to vote jor Blackburn and carry all the colored votes ior nim iu his part of the county, Wayiaid him on his road to Mrs, Lattie’s Wednesday nighi, and have either killed hum or taken aim out of Ue State until alter the electioa. Mr. McGinnis also inforas me that some ladies residing on Glenu’s Creek road heard a party of horsemen ride by th house Wednesday night, about eleven o'clock hey passed some of them were talking very loudiy, and amon, voices tuev distinguished that of Dr. Botts. The othera Were unknowa to them, FRANOs ABMING, According to the Deutsche Nachrichten, a sem|\, oMicial Berlin organ, the military representatives of foreign Powers in France bave reported, ac- cording to the best authorities, that for some weeks a still greater uegrce o/ activity prevails in the offices of the French army and navy depart. ments, This signi®cant itelligence arrives with the news respecting the increasing exertions which are being made to forward the building of ‘he iorta on France’s eastern boundary, and tue uickbess with which the work is beiug forced in the arsenals and navy ports. In Berlim muitary circles it is universally belleved tnat the gradual and fixed organization of the French army would Dot demand such strenuous exertion, and there- sore taat France 18 preparing herself lo be ready to act in a8 short @ Lime as josuble. We can Make no positive assertions as to what caused the above mentioned er furthering of France's preparations jor war at this mowent; but mong well versed politiclans tae Opinion prevails that it is all intended to be nothing but @ demonstration, to be oi w vice to the French government in their relations to joreigo towers, The olticial Parisian journo: Dave almost gone 80 lar ag to hint this, accus: otber governments 01 not having pre ted huge isu, German and Duveh vessels irom carrying arms and ammunition jor the Carlists and landing them on the Cantabrian coast, vis even reporte that the Freuca government bas complained, thiough their representative at one oi tue Euro- an courts, of the insuidicient guarding of the punish coast. Tos would be trying tu turn the tables on those Powers that complained of the bad uarding of the French and Spanish boundary. Wo must wait und see What more Loe French gov- ernment tutends by these accusations, provived, of course, they are true, wolch, iowever, we have ‘ood reason to vbeliove. For the present it is sui- cient to assert that the German government wil not suffer itseli to be Misied by aly such provoca- tions to adopt any rasa meusures. One of our leading Germao statesmen remarked lately that “in proportion as the state of affairs in France be- came more unvearable tie provability of our hay- ing @ War With ber again approacued nearer.” A §O00IAL SENSATION AT WILLIAMS. TOWN, MASS, ; {From the Springfield Republican.] The Williamstown gossips havo got a frattial topic of talk, which is now being fally developed in the Supreme Judicial Court at Worcester. The parties involved are Mr. and Mrs. Andrew James Symington, of Glasgow, Scotland, the jormer veing ® sewed muslin imanuiacturer and a man of wealth, These partics were married in 1800 and have five children. In 1870-1371 the wife became suspicious that ber husband was untrue vo us marriage Vows and accused Nini Of adultery with & young servant girl empioved in the lamily, Wuich suspicion Was subsequently confirmed when the girl was sent to Ireiand, Where she bore a child, ‘be wile then began a suit at Edinvurga, scotland, for @ separation aud allmony, but the Court decided jor her husimnd; she then appealed to the Court of Sessions, witich, after a long trial, awarded her $2,000 yearly alimony and the care of berchiidren, Anticipating this resuit Mr. Sym- ington did not wait the decision oi the Court, but thered together lite five cutldren, and, with his ied for Germany. Thence he went to ¥ ce, and finally to this country, arriving at New \ork in June, and going almost immediately to Wiillamstown. Meantime, Mra, Symington Kept track ot her husoand, aud came to this country to Feciaim her cuildren. A writ of baveas corpus Was had oi Chiet Justice Gray, and it was served at Williamstown on saturday, the children being taken \o Worcester to meet thelr mother, the lather following. The children are aged eleven, ten, eight, six and four years, and are of prepos- Pegi | bearing. Mr. Symington contends that his wife is not a fit person to lave tae custody of the minor children, asserting tuat she is addicted to the use of liquor, with oplum and Jaudenum, and, jurther, that ber moral character 18 bad. ‘ihe parties are seemingly well educated and of good woclal owe the case, Which is to be argued on Fri erage interest among st and Gommisaint o¢ ite 19 THE GLENDENNING TRIAL, Testimonials to Mary Pomeroy’s Character. THE TELL-TALE LETTER. al “T Would as Soon Have Denbted My Saviour as Have Doubted Him.” ‘The trial of the Rey. Jobn S. Glendenning w:3 resumed before the Jersey City Presvytery yestere day. The attenaance nearly filled the church, Elder George P. Howell resumed the stand on direct examination and gave the following testl mony:—Would not like to answer any farther question in reiation to the presents given to Miss Pomeroy by Mr. Giendenning, because it would Involve a breach of confidence between Mr, Glen- denning and Witness and would shadow a portion of the defence, ‘The Moderator ruled that a witness was not re quired to violate confidence, Mr. Dodd said that the defence had no objection to Mr. Howeli’s answering al! questions, Witness continned—Mr, Glendenning gave the chain to Miss Pomeroy to protect her watchs when Mr. Giendenning denied that he was en- gaged to be married he made no explanation in regard to his reasons; he left the impression on my mind that he did not seek Miss Pomeroy at all. Mrs. Clara H. Randall testified:—I have been @ member of the congregation of this church for three years; knew Miss Pomeroy for about six years; lived nearly opposite Mr. Miller's house; never heard any intimation against Miss Pome roy’s character; Miss Pomeroy toid me SHE RECEIVED VALUABLE PRESENTS from Mr. Giendenning; I saw these presents—« locket, watch und chain, sleeve buttons, &¢.; she never spoke directly to me about her engagement with Mr. Glendenning, but she spoke familiarly about him and talked of her future prospects im such & way as to leave the impres sion in my mind that they were engaged; Knew him to visit Miss Pomeloy often; had no curiosity in the matier, but when I heard thas Mr. Glendenning denied his intimacy with Miss Pomeroy I thought I would satisfy myself and watch; he stayed one night till twenty minutes before twelve, another night till ten minutes past one and another till five minutes before two; I pulled out my watch to mark the time each of tnese nights; had a conversation with Miss Pome roy about her pregnancy; she said that Mr, Glen denning was the father of her child. Q. Didshe state that he and he only led her astray? A. Sne did, emphatically; [asked her that ques. tion, whether she was ever on criminal intimacy with any other person, and she answered, never she expressed very great penitence for her share in the sin; she told me it was HER DAILY PRAYER that the Lord might forgive Mr. Giendenning fog what he had done, for she could not, though she Was constantly praying she might be able todo 80; she heard that he denied he was the father of her chiid; she spoke of the manner in which was deceived, and satd that she never thougnt she could be deceived by one who made so many prome ses; she sent for witness on tae Wednesday de jore ber death; jound her very much depressed had a long conversation with her on the follo’ morning: she said she was suffering intensely, both puysicaily aud mentally; that she did not 868 one ray of light in the future; taat SHE WAS RUINED, DISGRACED, with a child and without any meaus; she spoke of Mr. Glendenning. but not with bitterness; she said that no one except Mr. Glendenning ever made improper proposais; when I saw her heart broken condition that morning I resolved that, if lever had an opportunity to speak in ner defence, I would do so; she was 4 FALLEN WOMAN, BUT A WOMAN STILL; she said she realized her situation tully; she was 4M iuil possession of her senses during this state- ment; she spoke of threats made against her by Mr. Glendenning: she said he askea her to help him out of bis aifficulty and he told her to do as be wished her (witness here detailed the pistol scene): on the night he compelled her to sign the focument sue said he pluced her haud on the Bible aud she solemnly swore she would never reveal either her condi- she uon or im:licate him; intenced to rah that oath; Uus explained her words on the mghl oi Mr. Gleudenuing’s arrest—‘Gien, | have de ceived you, it 13 yours;” she said she did not think she couid live, and added, “If 1 hve, where aw 1?” sne said she Would like to live to see GLENDESNING BROUGHT TO JUSTIOR; she alWays spoke ol her own guult tirst in her oom Versation on the subject. When Miss Pomeroy said that Mr. Glendem iug promised to stand by her, what did you unaen stand by that? A. That he would take care of hes tli the time snould come for him to marry her. Mrs. Reeves testifled:—Kuew Miss romeres she was oi avery good character; have seen Giendenning visit at Mrs. Muller's very often; he went to see Miss Pomeroy in particular; she told me they were engaged; | asked her when thé aflair was coming off. and she said she did not know herself; she showed me her engagement ring: sue had it on her finger; she mentioned ne Dawe Woen she said sne was engaged. A TELL-TALR LETTER. Read a note from Mr. Giendeaning to Miss Pom eroy; she received it on the morning of the 13th of May last; \nere were noc more than haifa doses lines in it; it read im this way, as nearasican rou would be recollect :— Dean Mary—I wish ready by hy Pek pe ye ky | 0 Yours, your Ueunes Am not sure whether it was “ Your own Glen,” or * Yours, Glen.’ Witness then described the deathbed scene continued :—Mr. Glendeuning and Mary were at. my calidren’s christening; be was in the habit of ara her to different places frequently; she used to tell me she was out with him in the evenings at concerts or jor @ walk; Was in the churcoh when @ set 01 Silver Was presented to Mr. Giendenn: Mary and he andl were talking and I bedeving they were eu; , *“Tney will be so nice to ciean Wuen you get married; Mr. Giendenning replied, ‘‘Inav’s ao, Mra, Keeves,”” ré, ‘Fanny & Birmingham examined—I knew Miss Pomeroy intimately ; it KNEW ANYTAING AGAINST HER CHARACTER: I was on such intimate terms with her that would have heard if upytning ot the kind were suid about her; 1 called 'o see ler five days beiore id she was suffering both im d it was har e that os] su0ud suffer and that Glen should go iree; I ask her was Giendenning the father of the culld and poe yes; she turned irom side toside aad groaned, Mr. Cyras Thatcher testified to the good charac ter of Miss Pomeroy, He haa ample opportunity ol judging, as he had veen connected with Mr Miller in business jor eight years; Miss Pomeroy always moved in goud society. Mrs. Atvina Grattan, who was acquainted wit Miss Pomeroy ior twelve years, alsu testified te her exceilent character; Miss Pomeroy told wite ness tuat Mr. Giendenuing was tue father of bel child: she spoke as if she thougut @ gieat deat him; she said she loved him dearly, and would AS SOON HAVE DOUBTED HER SAVIOUR as have doubted him; she used these very wordss ahe wid not speak of any one else. A discussion bere took piace on the question of admitting rebutting evidence for the prosecution. Tne deience resisted the proposition. The subject had not been decided when the hour of adjourm ment arrived, CARELESS STAGE DRIVERS. New York, Oct. 12, 1874 To THE EDITOR OF THE HERALD:— Thia aiternoon, about three o'clock, an old man in Wall street, in; attempting to cross the street, was knocked down and very nearly killed by the careicss and rapid driving of one of the drivers of the Madison avenue ling of stages, Could not something be done to prevent this cure- lessness ? Now itis a3 Much a8 One's life is worta to attempt to cross Broadway tn the ee eee oe the city. Hoping that something may be done to prevent avy more future accidents, I remain, very respectfully, a RP THE ALLEGED DROUGHT IN TEXAS. UNITRD STATRS ARMY PosT cee} Forr Biiss, EL Paso, Texas, Sept, 27, 181 To THE EDIrot OF THE HERALD :— Rolerring to a telegraphic paragraph lately ap pearing to many papers, headed “Drought. 1a El Paso,” aud dated Washington, Scpteme ber 2 1874, I would state that said paragraph ie entirely erroneous, as OD Teferring to the official meteorological register Of this Hospital I find tat between August 19, 1873, and August 19, 187; fell over twenty times, in here: 43