The New York Herald Newspaper, November 10, 1874, Page 6

4 THE POLITICHINS MURDER. Proceedings Before Coroner Woltman oa the McKenna Homicide. BX-SEKATOR O'BRIEN'S TESTIMONY Contradictory Evidence as to the Shooting. WHAT THE DYING MAN SAID, The court room of the cStoners’ Omece was yes- | terday crowded with the witnesses in the Mc- | Kenna homicide case, and with several of the | prominent democratic politicians of the Twenty- | first ward. The inquiry was to be opened at | eleven o'clock, before Coroner Woltman, and about that hour Mr, Richard Croker, accompanied | by Colonel Fellows, took his place at the table | reserved for the counsel, Mr. Russell, Assistant | District Actorney, appeared on behalf of the people. Shortly alter the commencement of the proceed- ings Mr. Jobn Kelly entered the room and took Bseat by the side of Mr. Croker and his counsel. The first witness was ex-Senator O'Brien, and the remaining witnesses, yesterday, were spectators of the homicide, whose testimony waa very con- tradictory as tothe actual shooting. Itis expected that the inquiry will continue several days. THE PROCEEDINGS. ‘ Before the swearing of the jury Coroner Wolt- max said that, in consequence of vartous rumors deing in cireuiation that the jury had been tam- pered with, be should, before swearing them, put toeach of them several questions as to whetner they Dad had eny conversation with any one re- specting the case, or whether any county officers | \ Sad seen then. Questions of this character were pur by the Coroner, and they all answered in the Gegacive. THE JURY. ‘The following were then sworn as a jary:— Philip A. Harris, No. 297 Third avenue. Michael Moore, No. 225 East Twenty-first street, James Kedian, No. 258 Third avenut Isaac Willams. til Tord avenue. George Whits 0. 42 Lexington avenue. Eaward W. Byrne, No, 153 East Twenueta Matthew Hanley, No. 306 Third avenue, Jonn W. Baldwin, No. 314 Third avenue, i Joba J. Dash, No. 198 Thiru avenue. { Newman Stich, No. 311 Third avenue. | dames O'Hara, No, 308 Third avenue, Joba Schmidt, No. 203 Turd avenue. THE CHARGE. Coroner Woltman formaily charged the jury lm the usuai manner, adding the following im- portant sentence :— No ove has been charged directly before me | With the Killing of Johu McKenna, but a number of persons lave been arrested on suspicion of beinz present at the time John McKenna received his fatal wound; those parties arrested were all held to bail to appear at tue inquest. THE TESTIMONY. Ex- Senator O’Brien was the first witness calied— Be said, 1 reside at No. 144 East Thirty-iourth street; I was coming down from my house, as near as I can judge, about a quaeter to eightin the morning on election day, and went in to geta cup of coffee; 1 stepped of a Fourth avenue car at Second avenue at about thirty or forty feet from Thirty-iourth street; @ Second avenue car came along; 1 stepped on the back platform, and in the street I saw Mr. Borst with a crowd around him: he beckoned after me to wet Of; there Was a crowd around apd he seemed to be iu trouble; I looked to see who was tuere and J asked them to come away; there seewed to be angry words golng on between tuem and I said, “come away, Billy; with that Croker said, “You &t work here ¢ you will get your head sweiled to- day; I toid him that! did not want anytoing to yay 10 a repeater; I asked Mr, Borst to come away Again; With {hat 1 was struck by Croker. Coroner—W hich Croxer t Witness—Coroner Croker; Dick Croker; with that I turned round and pulled for him; with that they all pulled pistols, and they said, “Get out, io0 80D Of a ? Lealied, ‘Police!’ I did not see bis man, McKenna, until | saw him iall op tne ‘ound; I saw Croker put a pistol to McKenna’ and the man fell; ne handed his pistol to Gickey; 1 cannot swear positively tnat he fiid, but to tne vest of my belief he aid; 1 calied upon the police arrest Croker for murder, and said that b¢ had mardered & man; they ull commenced io Bie; when they commenced dring Hickey had a pistol turned te- ward me; a man vamed Craig to iit bum up; { told this man Craig to get him away; the man was lying on the pavement on his back; by this time the police uad arrived; I said, “Arrest ali the murderers:” they were then arrested and taken to the stution house; I made charges against them, and woen they Were @DOUt to be sent dowa stairs, {thiik, at the advice of Hickey, make a cuarge of assauit and battery :1 ail very weil for murderers to wake cuarj that, but it would mot do; | e i ed a, and} went away aad waited to bé sent alter; & lext thing | iieard was tuat the Coroner had veen there to release iim; the fignt occurred sbout two minutes alter! got of the car; Inever carry @ Watch, Sof am notcertain; there were marks upun me, out not upon them; the sei said tat he could not see any charge to them on; they all nad pistols in their hands an they were taken ony, from them; I did not see McKenna untillsaw him get sho:; McKenna lay with nis feet towara the sidewalk and_ nis head Ww of bo as toward the track; the first I Was when he fell; | saw bim Jail, and that wi Grst lsaw of him; he received the shot as i at the time ofthe shooting 1 think McKenna’s pack was toward the corner; McKenna had his hat on when he was shot; it was a kind of round lat; my face was toward the west, and I saw Croker put bis pistol against bis head; Croker was about two feet or @ little over from tim; McKenua seemed to have come down the avenue and standing on the sidewalk; I saw Craig goto pick McKenna up aud saw this man Hickey point his pistol toward both tnese men and Cr: rau away; Hickey said he would blow Craig’s head oif; I tink there were seven or tight shots fred; 1 saw four pistols; I believe tbat there were two or three men whvu got away Wo had ptstols; there was a pistol in Croker’s hand and in the hands of the two Hickeys and ‘Meridan. In reply to Coroner Woltman, Colonel Fellows said that he appeared then, as he would pear throughout the case, for Air. Croker, and he would acton the Coroner’s suggestion of asking ques- ons through the Coroner. The people was re- presented aiso, in addition to the Coroner, by Assistant District Attorney Russell, and ne thongnt that this would be the most convenient mode of examining the witnesses, whenever it was found necessary 0 to do, Witness resumed, and pointing to a ‘ge dia- gram ou the wall representing the gpene of the murder, said that the troubie took place opposite the oyster nouse; 1 did not strike Mr. Croker; when I saw them pall pistols J c: luce; { did not have a pistol; I ne Bad been slightly acquainted with McKenna ior the last two years. | ‘TESTIMONY OF MR, BORST. William H. Borst said :—I reside at No. 137 West | Porty-ninth street; 1 am at no bugness at present; Cam livingoo my income: I was approaching Thirty-fourth street, im Second avenue, oa elec- | tion day; | saw Coroner Croker and the two Hick. | eys; when 1 was wetting near them J said, “Good morning, Coroner;” Croker said, “What business have you here?” JI said, “I’ve not done anything;’; be said he would have us sent w State’ erison; Mr. O’Brien commng across the street; Croker toid O’Brien that ne would beat him by about 2,000 majority; O’Brien told Croker ne Was an tngrate and a repeater; | O’Brien then attempted to clinch him and O'brien shouted for the police; at that time McKenna jamped toward nim and then 1 heard a pistol shot; I lovkea aug saw Croker with @ pistol in his hand; as McKenna stepped forward he feil toward Thir- ty-lourth street; as he iell Hickey fired one or two shots at nim; / then ran into a store doorway; when | Jiooked around 1 saw Hi O’Brien vick up McKenn: Club and told them what bad bappene ig us, was etying anu he asked Croker what ne saot McKenna for; O'Brien was east | wide of Secoud ‘avenue; me who wr two Hicke)s were Croker, e see anything | ren | a Sheridan; aid “not in O'Brien's hands; Croker shot after O'Bri had clinched; only avout thirty seconds tnter- veued between the fignt and calling sor the police @ Brien had noting in his nand atthe time Me- Kenna was hit, | ain positive; I did not nouce the | ition Of McKenna unt the shot was fire@; ieKeuna tell With nis nead, in two or three stag- | steps, toward the gatter; | am positive | at if was Steve Brien who pickea icKenna | Bp; after i heard the report of a shot | sawa pis- | Wi iu the hands of Croker; McKenna tell acer two or three shots; tt was George Hickey | saw | brandishing a pistol did not see any pistol in an eise’s hunds excejt those I have named; | 1 think there were seven or eight shots fired, | TESTIMONY OF PATRICK CRAIG. —I reside at No. 214 East Thirty-sixtn street; 1 keep @ porter hous: was standing at tne corner of Thi:ty-third street, on Secon nue, on the morning of election day; Mr, Croker, tne two Hickeys and Sheridun came | ap to me; | pade Mr, OUroker “good morn. Guar UC) ion See “Saarinen | witness mimoanently ident: | George, and ue the person he saw firing on the oc- Hickeys; | went to said, “Drop him, you gon of @ b—h;” I then sata to the police, “Arrest these men, tor they hive murdered a man: when they were given mto the custody of the oflcers L went with McKeana tothe drug store; he bad his hand in wine; when we t there T said, ‘Join, how did this ppeut;” he said 'o me, “1') tell you, Dick Croker shot me;” I then wenton to the station house; as I was going I saw I went to the station house and told the sers: what McKenaga had told me; | heard Stgve U’Brien tell the police to arrest those men; McKenna was lying on his ace, In reply to Colonel Fellows the witness said that McKenna made jhe statement about Croker in the drug store, about fliteen minutes alter the shooting; what he said was, “It was Dick Croker ‘Who shot me; 1 was present in the drug store when this statement was made; the store was almost full oi people; the only man I remember seeing there was Nolan; the proprietor of the store Wasa tl jhe gave Mckenna @ drink; I cannot ey whetuer any paleomes. were sere; I waa 4 in @ position to see whether apy policeme! ears Tad hoid of McKenna’s hand and was looking directly at him. ‘TESTIMONY OF W, H. WINTERS. William H. Winters was the next witness exam- ined. In response to the Coroner he testified as lollows:—1 reside at No. 698 Second avenue; 1am @ liquor dealer; while I was Aiapding atthe polls of tae Ninth Election district I heard shots ty between half-past seven and bg 4 ovclock in the morning; this was between ‘Thirty. streets, down to the scene, and saw McKenna lying on his Jace; then Isaw a tall man firing at him; Cri ran out to pick him up, and he fired at Craig; heard it was George Hickey who fired the shot, The Coroner—Do you see the man in the room Bow to whom yea Freier? Witness—Well, they are all sey oy The Coronor—But it will just be the same if they ali stand up. Can you recognize the party you saw firing the shot? Witness (alter looking around the room)—I think that is the gentleman there; and as the wit- neas said this be pointed to Henry Hickey, who oc. capied @ seat about ten yards irom the witness stand. The Coroner asked the party pointed at to stand up and again the witness ‘bat’s the one.’ The Coroner—McKenna, you say, was lying down at that ume. A, Yes, sir, he was lying down. The Coroner—Then tell ail you know avout if, Witness—At thia time the officers were there and had boid of him; Senator O’Brien ordered the arrest of the men, repeating these words, ‘‘Ar- Test those men,” ‘The Coroner—Anything further that you know ? Witness—That’s about ail. é The Coroner—When you frst saw McKenna what | position was he in? . au itnest-—Lytng on bis face with bis hands around 8 head. The Deputy Coroner--Did he make any effort to Pees ean ron ae et itpess—Yes, he tried to get up; the only man I | saw fring was Hickey. The Coroner—Did you hear any shooting after that or before 16 A. Yes, sir. Q. How many shots did you hear altogether ? A. — 1 oh ita or four; I coula not possibly say ve The Deputy Coroner—Did you see McKenna picked up? A. [| saw Craig run out and pick nim Up and drop him again. In reply to the questions asked by Colonel Fel- lows, through the Coroner, the witness stated that “himself up; he saw a man fire @ pistol at Bim while he was lying on the ground; then he saw somebody attempt to raise McKenna up; Hickey fired two shots while he was there; Craig ‘Was the party who wae trying to lft him up. The vd Henry Hickey as ae oror Dd you pistols in ther parties uror—| ou ee o arties hands at that time "i ® Witness—I saw pistols taken {rom several men at the station house. ae cate stage a recess was taken for half an After the Recess. David J. Daly examinea:—I reside at No, 577 First.avenue, aad keep a liquor store there; I was standing at the polls on the morning of the elec. tion ; Coroner Croker came up adout seven o’clock, and spoke to we at the corner of Thirty-iourth street; O’Brien came over and had some words with hig blows were aiterwards excnanged; neither Croker nor O’Bilen had weapons; I did ot see where the shots came from or who fired jem; Croker and O’Brien met close by tue tele- r apu post; Iwas about eignt or uine feet irom er at the time: Croker said he would send u’Brien to the State Prison taside of a year, and O’Brien retorted by calling Croker a repeater, and alter that the parties came to biows; bota struck blows, and then the men cinched, when a man named Borst strack Croker with a stick, ‘The Coroner—You did not see any weapons tn the hands of ejther Croker or O’Briev? a. I did Dot; while Croker and O’Brien were engaged I Heard some one shouting that a man nad been shot; it was ac the time O’Brien and Croker were quarelling that the shooting took place; I saw a pisiolin the bands ol George Hickey; 1 could not teil prol ar or five; D was subsequently conveyed to the drugstore, but 1 aid not ledve the polls; when I saw McKenna first he was coming up the avenue. [Ihe witness here explained ona map the reialive positions of the parties involved). At that time O’Brien was jacing north, Croker soutneast, and McKenna south west ; huugh I saw @ pistol in the hani ol George Hickey, I could not whether be fr im a The witness then identified George ickey. TESTIMONY OF JAMES CONWAY, James Conway stated that be resided at No, 328 jt Thirty-ninth street; he was standing at the northeast corner of Thirty-fourth street on the morning Of tue election; Croker and O’Brien met OD toe soutbeast Corer Of that street; O’Brien struck Croker and Croker returned the blow; tere was a large crowd between the gutter an the raliroad track; witness ran toward the scene when the tiring commenced: he thought two or thre ote uad been Gred before Mi Dee teil; Croker had no revolver in his hand: so jer as the Witness couid observe. in response to jurther questions by the Coroner the witness proceeded tos: that ke saw O’Brien and Croker ciluching, put Many biowsa were Croker and 0'B: BO Weapon in thi came ly irom the fell; Croker was stan: Was facing McKeana when he Ot see aby weapon in his bands, 10 the Assistant District Attorney—I saw Croker’s han ney were open; Leaw his hands Banging by bu ; Icculd pot tell who it was that fired the shot; to the best of my knowledge five or six shots were fired, The witness subse- quently idemtitied George Hickey UA the person be 2. By Mr. Ft saw with a revolver in his possess ‘ellows—I got to the south side of Thirty- fourth street peiore the first ahot was fired; from tue time I got there to the time the first shot was fired [had O’Brien and Croker constantly in mght; if either of them Lad fired a snot I would have seen it, but beither of them fred u snot. PETER VALLON’S BYIDENCE. eter Failon, a truck oo residing at No, 321 wi Pe East Thirty-second street, ed that on tae morning of the election he standing at the corner ot ‘ibirty-fourth sireet, between seven and eight o'clock; bt Wit eeting betw: croker and O’Brien; cue latter struck the for nd the biow was returned ; they clincued afd a crowd gathered arou the hands of either party; ‘heard shots tired; saw McKenne after he was shut; at that time Croker and O’Brien were baving a close eye on one snotner—(laoghter)—I did not notice a weapon in the bands o/ eituer; | was only ba or ten yards trom O'Brien and Croker at the time; wnen w McKenna Was shot | was anxious to pick him op, but I was airaid; two or three Persons carried tim imto the drug store; I saw McKen falitug; the shots were fired from the airection of the sidewslk; | saw two nas o1 two men; between four and shots Hired altogether. The witness th explawed eee es the parties during ti Occurrence. Witness stated twat he could not recognize any Of the persons wao fred shots, TRETIMONY OF CHARLES J. LYONS, The next witness W.8 Coaries J. Lyons. He said he resided at No, 612 Second avenue; on the morning in question Croker advised ‘two men whom he me: cease working io the district; O'Brien came along and asked “what that dirty loater was talaing aoous;” # quarrel subsequ nd O'Brien; the latter ensued between Croker and knocked off his hat, Crok ah struck Crok returned the blow; in the meantim OL Ww. Ured; either O’Brien vor Croker had pistola; O'Brien cried out jor the arrest v1 Crok bile Croker calied for the arrest o: O'Brien; he heard a man saying, “Kill the —— —," and turolog around saw it was O'Brien; saw McKeuna | on the street; witness kept his eye on rH] ry rary aud U'Brien during toe fight, Lut did not see @ weapon | 1p the heuas oi eith Hickeys aud one vy sheridan. TESTIMONY OF JON REGAN, John Regan, o( No, 664 Second avenue, testitea *eUtly bald, side whiskers, and was dressed that be was @ mason by trade; on the morning of the election he walked up second avenue, in gum- aoy with @ iriend; his artention wus attracted x toe crowd at the corner of tue str ickey drawing @ pistoi and the right side of tie nea una; McKenn: end was al‘erwa' three or tour me together they commenced to argu each other names; Hickey was | man he drawing @ pistol a5 M-Kenna came irom the the time the sho. was fired O'brien and Croker were clinched. he Was pot acquainted tried to raise tutu A Juror-—-Did you notice a pistoi in the hands of | New York, ava irom papers jouud it is peeved he anybody else? A. No, sir. q Are you positive that Hickey was who shot at McKeuna? A. Yes, | am positive. eo Did you see anything morg of bimt A, By Mr, Fellows—O'Brien put op his hands and Croker drew out and hit him in the mouth ;at that | UUme ldid not see McKenna; Hickey went to the street as rhe two men clinehed, and up to that time there had been no shooting; O'Brien Croker were separated as the snot fred; Croger Was standing between and O'brien. ihe witness further ‘that neither O’Brien nor Croxer had o TRITIMONY OF Misheel Cliserd, of He, 828 pick up the man. and Hickey | street, Iaborer, in respons ergeant | Riley and I said “Stop, there's a man shot;” | t hirty-second and | again, and then they commenced to wrestle; wit- on Second avenue; I ran | ated the question, and in reply | | he recognized McKenna at the time, when he | raised id; he saw DO deadly weapuns in | pistols did you see drawn of age, Was yesterday morning found foating in | ‘ A. Three; two by the | the dock at pier 36 North River, was the man | Tweedy & Co., mercnants, of this city, So, | | | court for @ warrant against John Sheri- NEW YORK HERALD, TUESDAY, NOVEMBER 10, 1874.-TRIPLE SHEET. te the msual inter- rogatories, testified :— 1 don’t Know mucn about it, but I do know I got ueked myself the first ting—(laughter)—I was atthe poling place at seven o'clock; I wasn’t saying snr emag to any- vedy; there was aman With me named Lowry, Who got hit wich a club, | Q@ Who strack you’ A, Stephen-O’Brien, Q. Who was the other purty? A, Luon’t know. Q. What was said on that occasion? A. He said “You , You are going against my brother;” he tried to’ ‘give me “the foot,’? and Wf he had'I | wight aa weil have been dead as the man tuat’s | dead, (Luughter.) The witness jurciver testifed | | that he knew noting whatever of the Niooung, | ‘The Assistant District Attorney submutted that | this testimony tad nothing todo with the deata | of John McKenna. The Coroner remarked that, as the-witness had referred tu a dist c@ OM that morning he thought there might have been some Mink between at and the death o! McKenna, TESTIMONY OF EUGENE BRAGY. Eugene Healy, o lad about tourteen years old | apd residing at No, 331 East -Ghird street, was the next witness examined. He testitied that | On the morning of the 3d of November, a little aiter seven o'clock, Hickey and Croker were standing together; O’Brien came running across the street; he did not know who made use oj the first expression, i le heard Croker calling | O’Brien @ thief and @ rebber, and O’irten then said that be (O’Brien) had kept his family agoing | while his Jather went blind; after some words | | Croker hit O’Brien, and O'Brien init him back ness ram Out towerd the gutter; he saw a pistol in the bands of Croker, ana also one'with Hickey ; | he saw Hickey atm toward O’Brien, he dodged the shot; the man who was shot was turned over; O'Brien said to me, “Didn't you seethat, sonny! and | said FR sir.” asec? d the shotar A. Croker and the two Cl ‘a. low many shots were fired altogether? A. ston or digne, Q. Where was Mr. Croker standing at the time? A. Near the car track; I could not say wheter Croker or Hickey fired the first snot, The witness then ee anges at length the various positions occupied by the parties adluded to during the occurrence. He seemed to be somewhat ner- vous during the examination. He subsequently identified Mr. Croker, and on being asked to point | out the person he alluded to as Hickey said he | mission to proceed to Berlin to take testimony in could not see him in court, He said he would | know Hickey if he saw him in the street. had heard it was Hickey who fired the shot, He could not say whether Croker or Hickey shot McKenna. Henry Hickey was bere asked to Stand up, and the | Witness was asked if he was the party who fired | the shot. The witness replied in the aM rmative, | but the District Attorney insisting that Geo: Hickey shouid also stand up, the witness promp: declured he was the party to whom he referred, Jonn Mcvartney, Marble polisher, of No. 322 East Thirty-tbird street, testified that he saw O'Brien picking up @ stone sna saving, “Come, | boys, leé us kill bim;”? Croker was near the car | track at the time; witness was employed at the Bene tiem morning; his brother had charge of the 1% be Thomas Rurony, bookbinder, of No, 681 Second | avenue, testified that the oniy iman he saw with a | revoiver was Sheridan ; did not wee a revolver with | Croker; O’Brien struck the first blow and he saw Croker hit O’Brien; they were being separated as McKenna was lying on the street; witness did not see a pistd in the hands oi either O’#rien or Croker; he could not tell who fired the shots, The Assistant District Attorney, an adjournment having been suggested, called the attention of the Coroner to the importany evidehce which had been elicited in rejerence to tite death of John | McKenna, and to the fact that George Hickey and Coroner Croker had been charged’witn tne killing; it might turn out on trial belore a petit iury that both these men were innocent, bat ander | the circumstances he respectimlly urged that they be taken into custody and not be admitted te bail; he contended that there should be even-handed jpatice ior toe high and low, far the rich and the pagel he therelore asked that the parties be held custoay. Curoner Woltman said the case was now before the jury and remained in the same state as when 1t came before him; he did not see the necessity of keeping the parties in custody at the present e. The matter was in the bands of the jury gpon their yeraict the proper action would be take: ‘The Court then adjourned till ten o'clock this morning. Arrest of Sheridan. Ex-Sheri@ James O’Brien yesterday applied to Justice Morgan, at the Tombs Police dan, a8 implicated in the political méle on etection day in Second avenue, which resulted in | the shooting and death of Johu McKenna, The warrant was issued, and Sheridan, being arrested, was allowed to produce bai! for his appearance to answer. TRE BROOKLYN HOMIOIDE, An inquest was held yesterday before Corower | | Jor over the body of David Hartigan, who was beaten to death on the wharfof Woodsuit & Rob- meou's warehouses, on the afternoon of October 30, by Unaries O'Neil and:Con. Scanlon, longshore- men, who fied at the time and are still at large. Witnesses testified to having seen the men named | strike deceased on the head with a clud, the as- | sauit having grown out ofthe fact that Hartigan | procured their discharge because Mah would not work when ordered by bima todo so, The jury re- turned a verdict that ‘deceased came to his death jrom wounds received at the hands of Charies | | | that ine @nurcerers hawe escaped on one of the European steamers, | dence, | recelved by them O'Neil ava Cornelius Scaaion.”’ The detectives say | # MES, MERBSGAN’S BAIL, Counsellor P, Keady appearea before Justice Tappan, in the Supreme Court, yesterday, and moved that @ day be fixed for hearing the urga- ment on @ Motion to adnxt Mra. Merrigan to bail. He stated that he had alreagy had a consultetion with the District Attomey on the subject and | would nottly bim of the action of the Court. gadge ‘Tappan named Thursday next for the hear ag. THE GREENWICH MURDEE, A Possible Clew to the Mystery. GREENWICH, Conn., Nov. 9, 1874 The boat in which George E. Lockwood passed from the market schooner Horner to Captain | Knapp Island, in the Manus River, near Cos Cob October 28, and which bas been searched jor Vain along the Sound since, was picked up the next day (friday), off Norwaik, L,I. (Shei | Island), light, by the crew of a Northport, L. | oyster boat, and taken tu Northport. | | _ 4m the boat was (ound a quantity of baker’s cake, | roiled up ina pewspandr, and known to have been | Purchased by deceased in Mianus on the aiternoon | | Pern | the fatal mighr, No traces of blood were | fonnd in the boat. i | The murder has created a great excitement throughout Fairfield sant, snd nothing will be | lett undone to apprehend the murderers. The | autporities will soon offer a reward for the appre- | hengion of the guilty parties, and the Uy es in- quest, Who are to report on Friday next, are vigi- | lant and doing ail in their power. THE KILLING OF OFFIOER EVERA | Coroner Etckhoff yesterday assumed charge of | the case of ThomasEvers, late of the Eighth pre- | cinct, who was killed on Sunday evening by being | accidentally ran over near the corner of Broome and Sullivan streets, by one of the cars of the | Seventh avenue and Broadway Ratiroad Vompany. | A jury was empansiied and viewed the remains, when the Coroner adjourned further investigation | till a foture day. Michael J. Burke, the driver of | e ‘was released on bail in the sum of | by Mr. Wilitam Koperts, of No, 234 East | 126th street. Burke states that he used every | effort in his power to stop the car in time to pre- vent the accident, but was unabie to prevent the Trout w. 1 oi the Car from peesing over the an fortunate officer. | | OURONERS’ CASES. A German, itorty-five years of age, named Pistors, was yesterday killed by falling through the baetchway of the Lion Brewery, 109th street and Ninth avenue. Dotifed to hold an inquest, ‘The body of an unknown man, about sixty years Deceased was | five feet ten inches in height, with suort gray pair, } dark coat and pantaloons, cioth vest, white muslin | suit and biack Jeli bat. Lhe body was sent to the Morgue, ana Coroner Kegsler notified, | James Quinn, of No. 21 Cherry street, laborer, forty-five years of age, born in Ireland, died im) Believue Hospital irom injuries received about a | yeck ago by @ zrating falling upon his head, in piace, Coroner Kesaler was notines Mr. J, I, Dann, thirty-five years ot age, who had for two days occupied @ro.m in the Grand Umon peur Church street. Hotel, Park avenue and Forty-second street, Was eh ' pjonmd Gead in bed by une of the waiters. Jorouer Eickloif was Lotifed. He registered trom Uraveliang agent in the empioy of Messrs. CHAMBER OF COMMERCE, Mécting of the Iron Trade, Yesterday the iron trade haa a meeting spectally called by the Chamber of Commerce to consiaer questions in relation to the revision of the tariff. The meeting was called tor tweive o'clock, but ot | twenty minutes of Raed Giteen yentiemen i Vita sateer a vas Ue alan sk rag Beat, Ob b Pathe | railroad bridge, on the mornimg of Thursday, | 4, Coroner Kessler was | of } Were shipping to the detendant’s bo} THE COURTS. | Important Commereial Suit—Ques- tion as to Letters of Credit. Alleged Violation ot the Election Law. PROCEEDINGS IN THE CRIMINAL COURTS. The assignment of Henry Clews & Co., under the ordinary rule, necessitated the fling of a bond within twenty days and a schedule within thirty days or have a receiver appointed, The Court of Common Pleas Axed the bond at $100,000, and have extended the time for filing the same tothe 19th inst. ‘The motion made a few days since before Judge Lawrence at Supreme Court, Chambers, for 8 com- the Lucca divorce suit, was granted yesterday. Mme. Lucca obtained, it will be remembered, a di- vorce irom Baron Von Rhadde through default. Subsequently the husbang was aliowed to come in and plead, the judgment standing mean time. The case, however, bas been additionally complicated by the great cantatrice marrying pending the pro- ceedings. Commissioner Osborn bas beer appointed by the Court of Commissioners of Alabama Claims to take the testimony of such witnesses as may come before him in the investigation of any claim that may be presented to that Court. Yesterday, in the United States District Court, before Judge Blatcbiord, nine diamund rings, five | gold watches, two gold chaine, eleven yards of | black silk and one silver pin were condemned on the ground that they had been smuggied into this port on board the steamer Baltic by one Jacob Sommerfield, on whose person they were alleged to have been found, In the case of Obrig & Co. against Andy Roberts, the well known bond forgery suit, Mr. Wm. W. Hewett, counsel for the plaintif_s, was represented in a late report of the case as saying that the Governor had promised the pardon of the deiend- ant, Mr, Hewett, who represented the District Attorney, merely informed the Court in the coorse of the proceedings that an application for pardon had been made to the Governor, not that any | promise of pardon nad been made. IMPORTANT COMMERCIAL SUIT. Herman Gelpcke & Co. were brokers in this city and Mr. Edward Quintell merchant and broker in Berlin, tue latter having as correspondents in | New Orleans Messrs. Rodewald & Co. In Decem- ber, 1869, Mr. Quintell wrote to Gelpcke & Co, ask- ; ing them to open a credit in Javor of Rodewald & Co, for drafts against consignments to the amount of $50,000. Un receiving the letter Gelpcke & Co. wrote to the New Orleans firm informing them of the credit given them at the request of the Bremen | banker. Shortly alter this the New York frm re- ceived a second letter from Mr. Quintell recalling the letter of credit and stating in the same that “Rodewald & Oo. would hardly need credit any longer.” The day alter Messre, Gelpcke & Co. received - from Rodewald & Co, drafts for some $25,000, which were accepted, and the former drew upon Mr. Quintell for the amoumt, who protested the draft, elaiming that his second letter was an absolute recall of credit. Suit was brought to recover on the draft. At the frst trial there was dismissal of the com- plaint. An appeal was taken from this judgment, and the result of a second trial was a verdict for the plaintiffs, This, too, was reversed, on the ground of error in the admission of evi- and a new trial ordered, The third triat has just been finished before Judge Van Vorst, pele Circuit of the fupreme Court, Messrs. B. eiker and A. J. Vanderpoel a ring for the plaintiffs and ex-Judge Eniett and Henry Nicoll ior the deiendant. Judge Van Vorst gave ms decision in the case yesterday, | which in 1ta explanations of the law governing let- ters of credit, and particularly the latitude to be given to what are known as biank credits, will be Lhiae Of special interest to the mercantile com- munity, The JUDGE VAN VORST'S OPINION. from the detendant to the Ux eed of Janu: lainifts le" letter the 17th day the ry, ° on detendant’s account, in & Co., to th mount of $5,000. ai vances on consignments of inerchandise to the detens aut’s address. it was not required, however, that bil ot leding should accompany advice to plaintiffs of tl he letter of the plaintiffs to jewald & Co., they received the letter from de- it, advised Co. of the credit in their tayor, but added to be used by their sight draftsagainst smpments of consignments” to the addreasof the derendant. On the 6th of Febru 186, received from defendant a credit in favor ot Rodewald. Previous to” the receipt of | the letter revoking the credit plaintfis not | been advised of any drafts drawn by Rodewalt & Co. om them, nor bad dratia becn presented to them for ac- ceptance. After the Gib of February, however, draits were presented to piaintifls, drawn bv Rodewal! & Co. at New Orleans to the ag: pega ve emount of $34,000, ana were accepted and baid by them, notwithstanding the ait had been revoked. Yhe General verm ot this Court has decided that, notwithstanding the revocatioa of tl e it om the 6th ot February, the plaintifis would have been justified in rergten and ri teemerdy and | that the defendant would be sult chargeable with alt drafts to the'amount of the credit as opened which been drawn by Rode & Co, and 1 ated im good faith before they received notice of that they would be justified only im accep: in ing dratts atter the 6th ut February, drawn "to be used gainst shipment ot consigninents to the address of the detendant:” that the only authority conterred by plainufl on wald & Co. to mike draits was contained in their letter of January 17, and whicn limits the use of the credit for dratts made for sueh ‘vhe Gen- erat Term also held that tie ntfs were bound to establish athrmatively that the drafts w sueh Ra poee and negotiated under such circumstances | that in law they were bound to accept, or be subject to | an action for Camages for a retusal to AES ot | Vocation, but | | one who had received the draits in good Th bgt | upon the obligation of the plaintiff to aces fc | letter ik this Character, created by their Co, of the 17th of January. It is not established my | ot the drafts were drawn “‘to be used," or were, in fact, used against shipment of covaignments to the ' defend: ant, or that they were nego luted by Rodewald & Co., or | were received by the persons to whom ns presentation or statement that dra: ‘Yhe aratts ot the 1a: und 4th of Febri ether amounting to $5,000, through a broce: to parties in ery instructions were given except to sell the drafts, The remaining five drafts were delivered to 4 party in New Orleans to pay or secure five aratts of Rodewald, hela by him on a banking house in New York which bad not been accepted and re non-acceptance. No action could have been maintained | against the plaintiffs jor @ revusal to accept said draite, | had they retused, on behalt of the persons to whom ne- ottuted, or by Kodewald, unless they could establish, at | jeast, that the, drawn an | bgp the january order to entitle the piain- cover the amount paid by them on their accept- javlish the same facts. Une of the Co, has been examined and has sworn that neith advances on consignments of uor fer the purpose of raising mot 10 buy goods to consign t, the de- fondant, ‘the defendant has also been examined ana witness. Dut his testimony does not esrabltsh, nor Jo LO. | or J tor ti ces. they singe gs firm of Rotewald mer the accounts ot the dealings. between Rosie wad and defendants, embracing shipuients of merchandise to | Kurope and draits advanced on the defendant against | ame, and othe! tive evidence that the drafts in question. drawn on plaintiffs in New York, were drawn or ased against ship: ments of merchandise to defendants, or that there was | anything In the si 4M these accounts atthe time | winch would justity A reasonable interence that they | were drawa for such purpose; the fact would scem rson blank account, aitord afira, rather to be otherwise, and that the cousigninents of | merehandise at the time in question were largely over- ener, of #ttc! the draw revocation by condition 1860, | Upon the representation of Kode: dred bales of cotton, advanced to the same. Birt when bilts of Iv accompanied by other draits to an amount equal to that aiready drawn against these shipments and which | were reiused by the defendant on the ground that by | accepting they would be obuged to pay twice for the cotton. The evidence does not disclose any tact which would seem to jusiity Rodewald & Co. afterwards in | drawing the oralts in question oc others {v purchasing | of receiving them on ground that they were use st shipments of merchanuise to detendant. a On Spe Judge Van Vorst non-suited the piainut, BUSINESS IN THE OTHER COURTS. QOUBT OF OYER AND TERMINER. Vioistion of Election Laws. } Before Judge Barrett. | ‘This Court was occupied yesterday with the trial Of parties charged with violation of the election laws. Maurice Krauss, one of the numerous re- | pubiican inspectors at the election previous to the last, Was tried on a charge of changing @ ballot in the Fifth Election district of the Kightn Assembly district, The witness, Wallen Webber, swore that | he waa opable to say whether the ticket which | jell Waa not the same which the delenuaut placed to the box. snes Barrett thereupon directed a | employed to print the piaitifl’s paper. violation of the sixty-seventh section by Spowtngiy excluding a qualified voter, Thomas J. Kenny testified that when registering he remarkea that would be one good democratic vole; when he offered bis vote in the Seventh Election district, First Assembly district, bia vote was retused by the defendant, Chairman of the ectors, on the ground thatit was not tn the registry: suuse- was iound in the registry, but mber Irom that given oy com- juant when registering, a too late for the vo! Tbe jury sound that the exclusion was Dob | malicious but the result of a mistake, and ac- | quitted the defendant. James K wus called up for bringing brandy in to the inspectors of the Tenth Election district, Et; enth Assembly district. He pleaded goilty, but said be did not know he was dotn; anything wrong. Judge Barrett fined him $25. SULBEME OOURT—CIROUIT. 4 Bank Stock Suit. i Before Judge Brady. Allen P. Mann was appointed receiver of the Eighth National Bank. Among the assets credited on the books of the bank were ten shares belong ing to Alfred P. Couckiin. Suit was brought tore. cover thetr valine. The defence put in by Mr. Mann was that Concklin never purchased the stock, Dut that it was med to him by the bank for the use of his name. Jadge Brudy, in his charge, lett it with the jury to decide whether he was tne owner of the stock. Bas lene 80, decided, and a verdict was given for pe ILE for $1,334 25, being the full amount ciarm: SUPREMB OOURT—OHAMBERS, Decisions. By Judge Lawrence. Weber vs. Weber.—hemoranduta for counsel. Von Rbadde vs. Von Rhadde,—Motion that a commission issue is granted, Memorandum. ‘The Mayor, &v., va. Creighton.—Memorandum for counsel, Wilson ‘vs. Tuttle.—Motion denied, with $10 costs, ‘More vs. Herman,—Motion to continue injunc- tion pendente lite is granted, with costs of mo- tion. Memorandum. Pierson vs. Day,—Motion to vacate the order for the examination of Duryea and Waisn {8 granted on the ground of privitege. Nelson vs. Egan.—Grapted. ckman vs. Staner,—Motion to vacate attach. ment fs denied, with costs, for the reasons stated in the memorandum, McLean vs. McLean.—Motion to atrike out parts of William 5S. MeLean’s answer is granted, with costs, Memorandum. By Judge Barrett. In the matter of Patrick Dunn.—Motion to quash the writ of certiorar: denied, In the matter of James McAMister.—I think there was etiough to hold tne prisoner to awalt the ac- tiom of the Grand Jury. Writs dismissed and prisoner remanded. Richards vs. Carlton.—Motion for a new trial denied, with costs. Abrabam J. Levy vs. Minnie Sernstein Levy.— Decree of divorce granted to the plaintit. SUPERIOR COURT—OHAMBERS. Decision, By Judge Van Vorst. Joseph W. Fagnan va. Unariea Knox.—Ca amenaments settled. OOMMON PLEAS Printers’ Liem on Stereotype Pla Beiore Judge Larremore. | James E, Avery vs, James McWilliams et al.— The plaintiff, who is the publisber of a fashion | journal, brought an action in the Court of Common Pleas agaimst the defendants for the alleged Wronglul conversion of certain woodcuts and electrotypes, the property ef the plaintim. It ap- | pears that the defendants are printers, and were They set up in their answer, by way of defence to this action, & general denial, to be qualified, however, by a subsequent admissions, and then pro- ceeded to allege that the plainutf had delivered to them the woodcuts, &c., to print his paper he them a bill for and in ey the Marine Court, cjaumed to have a lien on his woodcuts and elec- trotypes jor their printing bul ‘to tois answer Plainti’s counsel demurred. Counsei on both sides were agreed that the defendants had no such lien as they elaimed, and that their answer was undoubtedly bad in that particular. Tue ar- gument was thea mataly directed to tue question Whether the complatat, by alleging that plaintitt ‘Was the owner of the goods “auti the 17th of Au- ” wuen the alleged conversion took place, bad not virtually admitted that be was bot the owner on the 17th. Plamtiti’s counsel admitted tnat he might bave been the owner until the alter- noon of the 17th, and the canversion could then have taken piace. Judgment for piaintif, with Costs, with leave to deiendants to anawer over on Payment of costs. COMMON PLEAS—OHAMBERS, Decisions. By Juage Larremore. Sussman Domoerg ve. James O’Brien, Sherif.— Case settled, Susannah Sebusier vs. Samuel Schusier.—Report contirmed and judgment of foreciosure ordered. ©, Bushetster va. J ir. See memoranda for counsel. A. Harcwig vs. R. A. Bishop.—Application granted. Jono 8, Meehan vs. Lawregce W. O’Brien.—Mo- tion granted, in vs. Barnard.—Motion granted. vs, James McWiilta James E. Aver; ment lor piaintiff on demurrer, witn leave to «te. serve amended enswer on payment of tendant Robert Lawrence ve. Walter B. Lawrence.—See randum. costs. memo: By Judge Robinson, Husted.—Motton dented, with $10 costs. Opinion. Toe People ex rel. Wm. Detleffe va, The Board of Supervisors of the County of New York.—Motion denied. See memoranda, MARINE COURT—OHAMBER3. Decisions. By Judge Alker. Humner vs. Quinn; The Manhattan Quotution Telegraph Company vs. Blatchiord; Otto vs. Low- ensteim; Hilia va. Dillon; Levy vs. Russell; Boown va. Klein; Heyman. vs. Hall; Heyman. vs, orel ; Grabam va Tolloch; Hedden va. wn; Booth vs. Byrne; Hiesh vs, Ottenneimer.—Motion to auvatice causes granted. a= ve. Kneeland.—Motion denied, with $10 Clark va. Rooney.—Motion led, Harvey va. Gonzales.—Motion granted, with $10 costa, By Judge Mcadam, Hernt vs. y¥; Chatield vs. Hopkin Schwerzschtid vs. Hersverg; Irwin va Esehbi 5 & § iswin vs, Lagare; Brown vs. Singer.—Motions to | advance causes granted. j By Judge Joachimsen, Werth vs, Kelier.—Motion denied, MARINE OOUBL—GENBEAL TERM, Rule as to Exccation of Process. Present, alt the Justices. Orders of arrestin ail cases aud attachments against the property of non-residents of the county issuing out of this Court may be directed to the Sherif or either of the marshals detatied to this Court by the Mayor, All other processes must be directed to and executed by the Sheruf. By the Court, MAUKICKe J, POWER, Vlerk, COURT OF GENBRAL SESSIONS, Larceny of a Watch. Betore Judge Sutneriand. Robert Watson, against whom were two charges, pleaded guilty to stealing, on the 29th of Uctover, @ watch, worth $100, from the person of John Horran, whe he was standing wt the corner of Greenwich and Harrison streets, Watson was sentenced to the State Prison sor five years. Burglary. Frederick Spring, altas Frederick Smith, charged with burglariously entering Frank Ruppert’s lager beer saloon, No, 126 Bleecker street, on the 3ist of October, and stealing four boxes of cigars, | | Pleaded guilty to an atteimpe at burglary in tne third degree. The punishment inflicted was im- prisonment in the State Prison .or two years aud siX months, Palse Pretences. Solomon Weiner was tried and convicted of ob- | taining, on the 16th of September, $14 worth of | Cigars and $15im mouey from Abraham Tichner, No, 384 Grand street, by presenting a check pur- | porting to be signed by Lorenzo Steinberg, and lalsely representing that ne (Steinberg), tad an account in the Butchers and Drovers’ bank. Mr. | Moti Was assigned to uefend the accused, and raised @ Dumber Of technical points duving the | Ula. His Honor sentenced Weimer to tne state | Prison Jor the period of two years. A Young Mam Sent to the State Prison for Ten Years tor Attempting to Shoot « Watchman, Charies Grandine, alias Charlies F. Kryger, pleaded guilty to an indictment charging him with firing @ pistol at William Toedteserg on the night of the 29th of October. Tt appeared from the Statement of the complainant that he was a private watenman for W. & OC. Ward and that on the nigat 1M question he caugut the prisoner in their furniture iactory at No. 479 sweltun street, and While ke and apother man were hulding him (the priao! but, fortunately, t boay of the complainant, it wau stated if Nolan. Wasa | amt | treasopable Pected of attempting to set fire to the premises, As there was an indictment for burglary fates Grandine the City Judge sentenced him on bis to the State Prison tor ten years, Petit Larcenies, Frederick Wanle was tried upon an indictment charging him with stealing a pocketwwook contatoe 10g $5 trom Mrs. Gorch while she was walking through Grana street on the evening of tae 28th of October, He was convicted of an attempt, and, in view of the good enaracter proved by the boy’s employer, the jury recommended him to mercy, ¥Y sentenced Wable to We Penitentiary for eight months. Nelile Dunn, who. was charged with stealing clothing valued at $28, the property of Marcella Seeley, pleaded guilty to petit larceny. She was sent to the Penitentiary sor six months, TOMBS POLICE OOURT. A Bad Day for Big Names. Before Judge Morgan. ‘Teresa Busch, of No, 170 Rivington street yesterday made a complaint against Charles Schwenerfield, whom she charged with stealing $60 tn money from her and $10 in jewelry, Mr. Wilham Schwenickess, of tet pare ‘Sambo, also | charges Schwenerfleld with stealing a wate! Son wenersela wad vathed at $175, trom locked up tor trial. iaty Receiving Stolen Goods. Ebenezer Dimon, @ leather merchant, of No 1,590 Second avenue, charged Michael Schwenerde- mann with receiving property which had stolen from lum. It appears that the Priscaer went co Osjar Bertham, a clerk mon, induced him to steal nis employer's property Berttam and’ Sehwen Were locked up for examination. TEFFERSON MARKET POLIOB OoURT. The Unfortunate Officer Evers. Before Judge Smith. Stdney Miller, the negro, mn attempting to arrest whom OMicer Hvers se unfortunately los* his tite, was arraigned yesterday. Mary Hedden an@ Hannah Ke! of No. 63 Thompson street, a; peared as complainants, Officer Quigley also charged the prisoner with having struck OMcer Evers, Miller was held to answer and the two women were sent to the House of Detention as witnesses, The Fisher Case. Charles and Mary Fisher, who were arraigned om Saturday, charged with inveigling two young girls into a house of prostitution, were committed in 95,000 bail each to answer. The prisoners, througtt their counsel, waived oxaiinatiow. OOURT OALENDARS—THIS DAY, SUPREME COURT—CHAMBERS—Heid by Ju 160. Le tia, 217 258 204,205, 280 58) "286, 300, , 173, 188, 217, 2 , 268, 2 299; Boe, 4oT aaM! geet i sincallgabcaane SUPREME COURT—CIROUIT—Patt 2—Held Judge Brady.—Nos. 2098, 3658, 3610, 141, 1 1388, 1704, 746, 835, 2558, 2626, 2630, 396, 28 660, 2622, 2064, 2270," Part 3—Helu by Jad, Van Vorat.—Nos, 1951, 457, 2001, 1212, 1286, 1568, Toh, 9683, 18, 1, 1791, 1898, 4506, 6764, 8659, 1799, 1080, 2 SUPERIOR CoURT—TRIAL TERM—Part 2—Held by os Via 200s Toa Ton eh hard 684, 710, 786, 738, 1 162, 75 762 COMMON PLEAS—TRIAL TERM—Part 1—Held bj Judge Robinson.—Nos. 1035, 1711, 805, 1816, 1622 Ta, 2035, 2228, 7163;, 1218, 1028,’ 1672, 1419, 1221, MaRINE Court—Part 1—Held by Judge Spauld- ing,—Nos. 1727, 1389, 92, 452, 114, 500, 1552, 1404. 162, 4487, 564, 565, 587, 558, Part 2—Heid by Judge McAdam.—Noa. 179, 1466, 350, 633, 403, 47, 322, 1886 1564, 1628, 1648, 544, 1698, 1366, 1701. Part 3 --H by Judge Shes.—Nos, 1582, 1226, 1259, 1520, 1651, 1660, 1818, 185, 1068, 1198, 679, 59, 1625, 1687, 1661. GENERAL Skssions—Held by Juage Sutheriand.— The People vs. J, D, Edringer, robbery; Same va Patrick Malone, felonious assault and battery Same va Patrick Dobbins, telontons assault an battery; Same vs, Patrick Malone, burgiary ; Same va. Joon Fiuan, burglary; Same vs. Join Bryson, burglary; Same vs, Joon Wiggins, grand larceny; Same vé. Joseph Jonnson, grand lurceay; Same va, Adoiph Jones, jaise pretences; Same vs, Frans Ennis, jalse pretences; Same vs, Michael Rochiord, concealed weapons. OYER AND TRRMINBR—Held by Judge: it Toe People vs. Patrick Levistera, mani ater: Same vs, Patrick Dornan, felonious assault ani battery; Same vs, Wiliam Dicks, felontous assau! be battery: Same va, William Geary, grt Teeny. OOURT OP APPEALS, ALBANY, Nov. 0, 1874 The Court of Appeals will convene at tne capital, in the city of Albany, on Tuesday, November 10, which will be a motion day. The follo’ is the day calendar, which will be taken up ai motions are disposed of:—Nos. 1, 2, 3, 4, 6, 6, 7, & UNITED STATES SUPREME COURT. Decision of the Court of Claims Affirmed= Substantial Rights Never To Be Bartered Away. WASHINGTON, Nov. 9, 1874, The Home Insurance Company vs. Morse and Another—Error to the Supreme Court of Wiscome sin,—In tnis case the Home Insurance Company of New York complied in writing with the statutes of Wisconsin, by which, among other things, it agreed not to remove any case commenced against it in the State courts to the federal courts; but upon the commencement of the present case it nevertheless moved for the transfer to the federal Court. The Court below regarded the statute and the argument as ground jor the denial of the motion, ‘This Court reversed this Judgment, based upon that theory, snd hold that Neither a private citizen nor ® cor porate body may barter away substantial rights and that the company was entitled to the removal, Botwithstanding the State law and tué contract Mr, Justice Hunt delivered the opivion. Mr. Chief Justice Walie delivered a dissenung gpinion, is which Mr. Justice Davis concutred, holding that the State had power to enact sucn a law placing foreign and local business and corporations in the same poaslons as to State authority and to make all doing business in the State amenable to the same tribunals. Pollard va. Batley, Assignee, &c.—Error to the District Court for the Middle District of Alavama.—_ Im this case the Uourt below allowed a recovery against a stockholder of an insolvent bat! l- Out relerence to the question of proportion. The judgment is here reversed, the Court holding thas ci stockholder is liabie only to pay a sum which shall bear the same proportion to the whole ine debtedness that lis stock bears to the whole capie tal. The Chief Justice delivered the opinion, in the case of Spratt vs. the United Staces the Supreme Court to-day affirmed a judgment of the Court of Claims, holding that the claimant, # Con» Jederate citizen, gained no title to certain cotton by a purchase from an agent of the Confederate Staces, because those States were without core porate power to take, hold or convey @ valid title to any property whatever, and that the claim was chargeable with notice of the intent the sale by Coniederate government—to wit, to money for the purchase of munitions of war, | qusuce Muller delivered the opinion. Mr. Ju Field dissented, taking the view that the pardom of the claimant reinstated him in all bie civ rignts, and gave lum the assurance that he should stand {2 the courts of his country in as com dition as any of his lellow citizens who nad never sinned against the autuority of the government. Ship Belle of the Sea vs, Johnson and Anotner, from the Circatt Court ior the Eastern District of Penusyivania.—In this case, which was to enforce: a bottomry Men, the Couit find tnat there is no evidence 01 actual payment, as claimed by the owners, ond that the shtp was clearly not dis charged Irom tne lien unléss there was actual pay. ment of the bond, or unless tue libeliants agreed to pay it and took the freights, the general aver- age and the insurances exclusively for their reim- bursem:nt. Decree atirmed. Mr. Justice Strong delivered the opinion. Boley vs. Griswold.—Error to the Supreme Court oi Montana. The Chief Justice delivered the opin- jon in this case, ailirming the judgment below, hojding tuat in av action for the re ouyety. Of per sonal property, if the Court 18 satisfied there cao be no delivery oi the property, the judgment mi be absolutely tor the Raemeo Of the Value, am that such a judgment is equivalent to the finding thut there can be no delivery. Lyon vs. Pollard, from the Supreme Court of the District, of Columbia.—T'nis wus the case in volving Mra. Pollara’s riguts a8 Superintendent a the St. Cloud Hotel in Washington, and the judg ment was ip ber favor. It is iere reversed, the Court finding that there was error in the rulil below, in not granting the prayer of the defendan' there, Pollard—that ff a former notice of discon tinuance had been withdrawn, the secoud notice Was @ renewal of it, Mr, Justice Miller delivered. the opinion, SURRUNDER OF THE INSURANOR OOM PANIES, (From the Chicago Tribune.) Few of our readers wil ve surprised to teara that the msuravce companies which withdrew from Caicagy several Weeks ugo have decided to return, It has been all along a settied thing that the companies would repent of their inevusider ate action and seize the first decent opportualty ol amending li, And now the time has come ‘he deceptance of the ofice of Consulting Engin: eer by General Shaler turnisnes the desired ex+ cnse. Tue companies Which joined in the league have done no hara to Chicago. ine attempt at persecuilon forced the citizens to beg reform Ineasares which ovherwise wight nave beem de layed indefinitely. But it is a clreumstanee pot to be forgotten tual the motives of th directed the policy of the National Boar siace been linpugued by excellent authoriy, THe Teport that New York merchants procured the Withdrawal of the companies on account of come é | Mercial Jealousy finas respectat pore it thas the. ton, whose mare ico | tse