The New York Herald Newspaper, November 20, 1874, Page 8

8 THE COURTS. Davenport Acquitted-—-Important De- cision by Judge Woodruff. The Smuggling Case—Verdict for the Government. Suit Against an Insurance Company. and Mary Fisher, husband and wife, were yesterday found guilty in tue Court ot Gen- era) Sessions with aiding and abetting in the per- petration of an outrage upon a German gir) pamed Anna Harntz at their residence. Judge putherland sentenced Charles and Mary to seven years in the State Prison each, Yesterday, tn the Uniied States Circuit Court, before Judge Nathaniel Shipman, the case of Stephen BH. Cummings ve. Joseph H. Grafton was brought to @ concinsion. The plaintif® caused to be sold at auction the Gien House, at Gorham, N. H., and the defendant bia it in for $90,000. When the defendant was offered the title deeds of tue | property he refused to accept them, and the house was resold at an alleged loas of $29,000, The Botion Was brought by plastif to recover that | Bmount. The jury rendered a verdict for the plaintif for $18,659, with interest, | DAVENPORT ACQUITTED. Yesterday Judge Woodrud, of the United States | Circuit Court, filed an elaborate decision inthe | matter of the charges made by Oswaid Ottendor/er | gud others against John I. Davenport, United | Brates Commissioner and Chief Supervisor of | Blections. It will be recollected that the accusa- | pations against Davenport were to the effect that | he had, in bis judictal action, behaved asa parti- gan; that he bad illegally arrested citizens and up- gustly refused to take bail, and that by his con- uct he had degraded the administration of jus- | Bice. ‘shirty pages of closely written foolscap, fully ex- onerates Davenport from all these charges, Sub- | Joined we give the material portions of THE DECISION. The impression upon my mind at the close of | Bhe investigation herein was that the charges ‘were very largely founded in misapprehension of | ‘he duties of a United States Commissioner, and | that there was a fallure to show either dereliction | of duty, misconduct in office, Wamt of integrity | or the influence of improper motive in the exer- | cise of the powers by law conferred upon the Commissioner. 1, nevertheless, deemed it prudent \o examine more deliberately the evidence upon | my minutes, with the afd of a copy of the testi- mony furnished me by counsel for the complain- ants and in connection with the documents pro- Guced on the investigation. That eXamination I have now made. the testimony of the various witnesses or to state | gil the trapsactions in literal detail. 1 must con- vent Myself With stating conclusions, and so Jar a6 facts are recited give their substance, | according to what I deem proved, and especiaiiy moticing conflicts of testimony relating to manner rather than substance in the conduct of respon- dent. Some of the charges assume that it is tne duty of the Commissioner to prosecute the com- plaints made to him of violations of law. And therefore that his omission to do so was eitner itseif a failure in duty or else i warranted the 1n- Jerence that the warrants of arrest in the cases | mentioned were Issued jor an improper purpose, | or at least without any belief in the truth of the complaints on which such warrants were issued, A Commissioner, in cealing with alleged offenders, 18 @ judicial ofMcer and not a prosecutor. His powers are {or the arrest, examination, discharge or commitment of persons charged with offences | against the jaws of the United States, with | puwer to admit to bail jor appearance at court to answer. When, on due complaint made, he issues his warrant Of arrest, and on being brougit ‘up before the Commissioner the person arresved gives bail to answer, it is no part of the office or | duty of the Commissioner to prosecute the charge. The matter then passes int the hands of the legal | Fepresentative of the government—the District | Attorney. The infereuces of improper contuct or | Improper motive sought to be drawn from the milegation, often repeated in the specidcations herein, that the respondent did not prosecute the charges mentioned therein, are, there:ore, wholly umwarranted. {t was no part of bis duty to prose- cute them. As to the charge that, afier arrests ‘were made the Commissioner did not proceed ‘With suitable promptness in the examination of the witnesses, the Judge says:—"Such an eXamination the person arrested may properly require, not only to ascer- tain whether the jacts furnish prob. able cause for holding him to answer, but to determine from tue tacts disclosed what Bmount O! Dail ought to bs required. The instances fas to Which Some proof on the subject was given were each where persons arrested given bail, the circumstances of wiici will be adverted to in what lollows. itis al error to suppose that it 1s the duty of a commis-) T, after bat! to answer has deen given, to proceed with a further taquiry in the nature ofa preliminary trial, to determine Whether suct bail shall be reqaired. Aiter bailis taken the matter passcs into the nands of the D: trict Attorney, to be brought beiore the Grat Jury or the Court, subject to whatever discretion the District Attorney may lawiully exercise inthe matter. 1am aware that, jor the purpose of aid- Ing we District Attorn in developing the case, iniorming him of aii the facts and of the proois, aud, a8 an indulgence to the accused, an examination with his con- currence is often had, but by giving ball the person accused submits himseif to answer at the ext term Oo! the Court, and be cannot thereaiter claim an examination belore the Commissioner. ontrary ihe Commissioner lias there- al authority to order a discharge of the bail given, however satisiied he wight be on Boch subsequent examination that the accusation Was upioupded. Toc matter has passed irom ms hands, 5o lar, ther conduct or bad motive in the arrest was aeemed iniera e to con- tinue such exaw.nation, ite Bucd an imputation. It is 4 whether the jaw ought » t stain tant question pr Ube piv. ing of pond or security to app y to day, when the person arrested vesires the preliminary examination into the question of probable cause to bold him, or as to the amount of bail to answer which should be required; and so relieve him irom actual custody during Buch examination. bere commissione been adjudged that no such powers (U.S. Vs. Case, 8 Blatchiord , and cases cited). In some | States such power 13 given by express statu The existence of such @ power would have re- moved a principal cause of embarrassment in some of the cases mentioned tu this proceeding, The complainants very freely charge that the re- | Spondent has used bis oficial powers c JOr partisan purposes. This isa serious 1 tnd it ts often repeated in te specifications. Its establishment would necessarily invoive want of personal integrity, and, werciore, unfit tor any office o1 trust, and, if any such a subjec especial units duty, Jt might reasupal) & charge involving suci) cor sulting disgrace of the acc been placed on lie Wi\i0 tain it. The complainas ferred from the examin It bh nts aa charge. ana it 1s ¢ oppor- They appear to have Doly just that I should s tunity was given to show that the charge was true, ti There iano evidence that, in ¢ law imposing duties Upon tie res) oMice either o! Ciuef Supervisor or Ux he did not act with equal promptu equal fairness, without distinction of without regard to the political charged beiore him with ofen Congress providing tor the appointine wal by any e nur yay Visors of election and a chief supervisor, and prescribing theiy duties, they are vrov nto im- Mediate contact with 1 participauen ip the conduct of cle: By personal presence and Bupervision they guard against fraad, false registration i voting, and are required to take promy pees, SUMNATY measures to tu ing offenders to jastice. The On by the act chaiged with nu dnties for these purposes, wit supervision of the Ovper supervisors. Such duties a partisan ® not m jact, and yer they are athe conduct of ejections tha political. It ts maztor Vongress under Which th been jooked upon w @p ancailed jor overnment with 6 & consequence py. these officers has with jealousy and suspicion. picion that they Will exerci promote the interests of that pi posea to have evacted the ja omeers themselves belong. Voi unfortunately ready to impute to ries partisan tmotiveseven in t and hence itis not to be accoun he statutes under which the Chic D deemed partisan in their purpose, or that phe officer who executes them should meet wil | those cases cou’ NEW YORK HERALD, FRIDAY, NOVEMBER 20, the like suspicion whenever the dischar, duty adected any one Of the party d toe law, It is true that no body @ Nostility to pure, honest ani | elections, or declare their assent to traudulen' registration 0} voting, but wil resent everythin, imputation that’ thelr this respect, and they do jealousy upon what they deem uncalled for jnier } jerence by the federal authorities appomted under the law passed through the power and induence of thetr poutical adversaries, and by what they deem—whetner truly or untruly—partisan legisia- ances, and witb such ; Hon. Under sucn circam: exposure to suspicion and distrost, the Chie! Su. iB ether it wi With judicial power and duty, the same jealousy and distrust, is matter jor seri. ous consideration; but it 1s not leit to this Court, | nor was it permitted to the respondent to con | Sider it. Tne act of Congress peremprtorily directed that the Chie! Supervisor of Elections should be a easous which seemed sufficient | to Congress induced the direction that the Chief Commissioner. Supervisor should be clothed with judicial aS a aeeapt ret, of persone chargeof manslaughter. Gillen and some com- | charged with violating the election laws; aun eropabiy. (t Waar becanes, in, the aie, | recicne were one Sunday morning in a liquor charge of lis duties as Chief Supervisor knowiedge 0} such offences, 1 committed, would come to him attimes and under circumstances requiring tm- meuiate arrest, NOt only with @ view to puntsh- ment of offenders, but to operate at once to deter the commission of the offence hy others. And ifit should happen that maiicious persous make talse complaints, or if by apy coucurrence of circum- stances a person was arrested who was not guilty, 1t would not be strange if the political Iriends of the party charged imputed partisan motives fo even the judicial oMcer who acted on the complaint. ‘the present investigation illus- trates this. Butitis not tne fault of the resjon dent that the performance of those double duties pertain to bis office. The act o1 Congress left him no alternative but to perform both and all of them. And there is noevidence that in that per- formance, he has made any discrimination between offenders, whether of one political or of another, or that his acts ave been governed by afy purpose other than the Tarthiut and prompt enforcement of the law. ‘he caution of the respondent in respect to not acting with hostility or under the influence of any mo- tive but the just discharge of his duty ts exhib. | ited im four out of seven of the cases o! arrest | entitled to judgment, dismissing the mentioned iu the compiaint, in which it was proved that he issued the warrants. eing made to him on the day preceding tne elec- tion of 1873 he referred the complaints to the | United States District Attorney, that the oficial responsibility and legal Opinion of at officer Might be invoked, and that by no hasty action at that late day any arrest. should be made without just cause. writing their statement of facts constituting offences, and in the discharge of his duty de- manded the arrest of the parties, not un- til then did the respondent issue warrants. This precaution on bis part ought to ve deemed and must be deemed a sufficient protec- The Judge, 1n a decision extending tonearly , tion in the absence of any other proof against the | imputation of undue haste or of a purpose by | those arrests improperiy to serve any partisan | It a : ened that the complainants in not aiterwards be found to sus- tain vhe charges; but this does not affect tne ques- purpose. tion whether on such complaints the magistrate | should not issue nis warrant. There 1s bor any evidence that either the respondentor the District Attorney belleved or bad 1eason to beileve that the witnesses were not truthful or that the com- plain's were not true. * * The allegation that the respondent believed or had reason to be- lieve that these charges Were false 1s not sustained oy any proo! whatever. No evidence was offered in support of 80 grave acharge. On the other hand, the circumstances indicate the contrary, and the testimony of the respondent unqualifiediy denies it.” Judge Woodruff then goes on to say that he finds no sumMcient ground for impeaching the otticial integrity or impartiality of the respondent in the matter of ihe Other arrests, Surely (ne adds) it cannot be deemed a Violation of oficial duty that a magistrate coes not discharge an ac- | Icannot attempt to reproduce | © used pe against whom due complaint is made on the mere solicitation of iriends or poltti- cat associates, however high in position or earnest in their entreaties, At considerapie lengch the ige reviews the evidence in regard to the cases emrich, Hi and others, and comes to the conciusion that in his mode of dealing with those cases the Commissioner did not exceed nis legitimate authority as @ magistrate. He con- cludes bi8 elaborate decision as follows :— “it seems to me unnecessary to say more on the subject, except, perhaps, that the complaint against the Commissioner would seem to have arisen from mistake and misapprehension. In times of political excitement strong prejudice spiciop. Whatever seems to operate ad- versely to the interests of party is received in temper avd sometimes with violence. The pecu- luarity of the position of an incumbent of the office of Chiel Supervisor, who by law must also exercise the judicial powers of a Commissioner, has been already adverted to, and the faithiul discharge of nis duties was vot at all unlikely to create aissat- islaction and complaint and violent denunciation Irom those immediately affected by it. Let an order be entered declaring the charges herein not sustained by the evidence, and that they be dis- missed.” THE ALLEGED GLOVE SMUGGLING. The further hearing of the case of the United States vs. three trunks containing Kid gloves, &c., claimed by Sampson Lewey, was resumed yester- day inthe United States District Court betore Judge Blatchford and a jury. ‘he claim of the government was that the goods had been smug- giea into this port, and that, therefore, tney ought to ve condemned, Tne claimant set up tnat he intended to enter the goods in a regular manner | | at the Custom House and pay dutyon them. It has been erroneously stated that the claimants offered money to a Custom House ofmMcer as a bribe to let the goods pass through. This offer was made to the officeron the dock by some person whom he stated he did not know, but no such ofier Was made to him by Mr..Lewey, A consider- abie portion of the day Was taken up in discussing the legal aspect of the Cuse, as to the question of intent, and whetber the claimant, when he brought toe goods into this port, intended to de- fraud the government out O1 the duties payable on (he goods in question. In charging the jury Judge Blatchiord sald they must find a general Verdict either for ihe government or for the claimabt, and also answer the tbree following questions in the affirmative or negative:— Was the landing of the goods without a permit done with imtent to defraud the government of tbe United States? Did Lewey wilfully ana knowingly, With intent to de- Jraud the government, bring those goods into the United States and cause them to be withheld irom being put on the manitest of the vessel. Lid any person who knew those goods, or of the manner in Which they were imported, lacilitate th-ir con- cealment after importation with actual intent to aefraua the United states? The jury, alter hav- ing been in consultation for about an nour, came into Court and said they had agreed upon a gen- eral verdict Jor the government. With regard to the three questions put to them vy the Judge they said they couid not agree as to tne first ques- tio and tuat to the other two tney answered in the affirmative. The value o/ the gouds is ve- twee $4,000 and $5,000. BUSINESS IN THE OTHER COURTS. SUPREME COURT—CHAMBERS, | Sult Against a Fire Insurance Company. Before Judge Donobue, The S, A. Wood's Machine Company vs. The Northwestern Insurance Company.—This was a motion to amend the summons and complaint. The action was brought to recover the amount of a loss on @ policy of fire insurance in tne de- lendant’s company. The defence set up in the answer Was that the policy contained @ clause making it optional With the company to repair or repiace the property, and that defendant nad re- paired and replaced the property. ‘Ihe atvorney jor the plaintiff’ moved to amend his summons und mt #0 a8 to change the action irom one on policy to an action tor damages vy the failure OM the part of the company to repair and repiace the property to the satisiaction of the plain tith Judge Donohue granted the plaintfl’s motion to amend, Costs to abide the event, William P. Rich. ardson for plaintiff, Miroa Winslow for defendant, Application to Reduce Bail. Application was made in this Court yesterday to reduce the bail of Herman Grodstein, The jewelry store of John Brenmap, in Philadel- phia, Was last sy tion Of tue stolen goods was traced to Jacob Ro- g. who named Grodstein as the party irom je of his OVINE of men Will avow | a legally conducted they which they deem aa arty is im fault in in fact look witn rvisor holds bis oMce and periorms its duties, wise to connect such an office nd so subject to Application | When that officer had caused the | Witnesses to be examined, and had reduced to | he being planed {now under $25,000 bail to answer to @ Civilsuit, | PIPTY.sEVENTR STREET Detroit Savings Bank vs. Klein.—Motion denied. Manulacturers and Bat! Motion denied. Stain vs, The Mayor, &c. morandam, SUPREME COURT—CIRCUIT—PART L Verdict Against 1 t France Companies plaintiffs for the ful! amount claimed, amountin, to $6,004 57, including interest. This being brough as Insurance companies, COURT OF OYER AND TERMINER The Gilien-Gillespie Homicide. Before Judge Barrett. he died, in self-defence, he was promptly acquitted. Judge Barretr, in ordering discn, him on nia narrow esi avoid liquor saloons on Sunday hereatter. the progress of the trial James Quinn was com- mitted for perjury, owing to the discrepancy in his testimony before tne Coroner and at the pres- ent trial Sentence of Hofnagle. John Hofnagie, convicted on Tuesday of man- slaughter in the third degree lu causing the death of John ass, was eentenced to one year’s im- prisonment in the County Jat!. SUPERIOR COURT—OHAMBERS. Decisions. By Judge Freeami Dosle et al. vs. Lord et al.—Tne a fendants are compiaint, With costs. Gerry vs. Martin et al.—Motion denied, with $10 te costs. Ledgrew R.—Morion granted in judg- ment of $10 an the term, SUPERIOR OOURT-SPECIAL TERM. Decisions. By Jucge Monell. Madan vs. Covert et, al.—Case and amendments | settied. (See memorandum. Brown vs, Combs et al.—Case and amendments to be serrled. Kast River National Bank vs. New York, Housa- | tonic and Northern Railrol Company et al.— Judgment for the plaintif on the verdict. (see | opinion.) | — Wells vs. Favill.—Judgment for defendant on de- murrer, with costs, with leave to the plaintiff to withdraw demurrer and reply on payment of | costs of demurrer. | Chalvin vs. McCalman.—Judgment for plaintif | on demurrer, with costs, with leave to the de- fendant to withdraw his demurrer and answer in twenty days, on payment of the costs oi demurrer. trial ordered, with costs to the plaintits to abide | the event. By Judge Curtis. | Retlay vs. Stage.—Let copy affidavits and Bale | attorney. | COMMON PLEAS—i { Beil vs. 3 Plaintia’s disbursements during Brewster vs. Taylor.—Verdict set asiae and new } of motion tor inquest be served on the defendant’ | { SPECIAL TEEM AND OHAM- BERS, Decisions. By Judge Larremore. and judgment ordered tor plaintay, ee vs. The Mayor, &c.—Same, ay Vs. Bennett.—Motion denied, with costs to | abide event. | Coe vs, Cassidy.—Let the rely: Hamill, atten and submit to a further examination on two day: | notice. | Cox vs, Leinbach.—Motion granted and cause set down for third Friday of December. | Lennenmeit vs. Stack.—An order to show cause | must first be obtained. Lux vs. Meyer.—Appiication granted. Marine National Bank vs. Millbank et al.—See memorandum. Brady vs. Brady.—Report of referee confirmed | and judgment signed. Christopher vs. Christopber.—Divorce granted. MARINE COURT—CHAMBEBS. Decisions. By Judge Alker, |. Harrington vs. Hamilton.—Motion to open de- | fault granted. \ O’Brien vs. The Mayor, &c.—Motion denied, with $10 costs, to abide event. ] |" Reimenschneider vs. McDonough.—Motion | | granted by defauit. | | ~ Cusick vs. Garvey.—The defendant must be ex- | amined, Mortimer vs. May.—Motion dented, $10 costs to | Pplaintif, to abide event. Laverty vs. Smitnep.—Motion to vacate stay, &c., granted. | Guldweil vs. Toe Prince Metallic Paint Com- pany. —Motion to open default denied, Meeks vs, omith.—Judgment jor plaintiff for | amount admitted du | Hart vs. Callaghan.—Dismissed by default. Mayer vs. Rosential—Motivn to amend answer granted. McManus vs. Gilroy,—Deiendant’s defaut noted. McEckert vs, Harrington; Edwards vs. Braisted; Wright Corley; Mutuai Bank vs. Merchant; Car- man vs. Holman; Trussman vs, Breen; Scheil vs. Van Tassell; Murtaugn vs. Beet derson; Reimensctinetcer vs. McDonough; Krack- ys. Solomon.—Motions granted to adyance { | | TOMBS POLICE COURT. Cashing a Forged Check. Before Judge Kasmire. Mr. Michael Marks, of No, 109 East Broadway, Keeps a boarding house at which Mr. Sauper took board on the 34 of November. He paid the first | Week’s board and a few days later he asked the landlord to cash @ check for $225 for nim. He got it from ais brother in Chicago, he said, and it was drawo by A. Cohen & Co. on the International Bank of Chicago. It Was dated Octover 3, 1874, and Mr. Marks, thinking it was all right, paid him } the money. On Wednesday be discovered that it was a forgery and worthless, so he had Mr, Seuper arrested and arraigned belore Judge Kasmire, who locked him up for trial. He Had a Good Time on the “Fourth.” E, J, Rancienen on the 3d of last July collected $81 for bis employers, Messrs. Myers & Co., from Alexander McClennan, of No, 143 sixth avenue, and spentiton a@ jolification the next day. le fai.ed to make the loss good aud was yesterday ; committed for trial. | JEFFERSON MARKET POLICE COURT. Thirteenth Street Sirens, Belore Judge Wandell, teenth street, met a young woman named Mary Williams in East Thirteenth street, near Unt- versity place, about eleven o'clock, Tuesday night. Mary asked Mr. Harrison to treat ner and he com- | plied with the request, After coming out of a | lager bier saloon near by they stood conversing | On the sidewalk. Mary suddenly threw her arm around Mr. Harrisou's waist, still keeping up the conversation, When Mary removed ner arm Mf Harrison missed his watcn. He woman oO! stealing it and tried but sue tore away irom lim aud Street, Another young woman, Russell, who Was standing near at tne time, Mf Harrison held tiil the arrival of Oficer Sievio, of the Fifteentn precinct. lue Russ tuto custody and brought to the station house. From intorination received from her the oficer Was able to find the real culprit, woo was arrested about half-past two yesterday morning. Both gncerra were arraigned Defore Judge Wandell. Neilie Russel} was discharged ant of evidence inculpating her in the robbery, and Mary Williams was held to auswer. The watcu, which has not yet been recovered, was valt at $600, POLICE COURT, | | | accused the to nuid her, Tan down the uamed Nelite pring robbed, and receutly a por. | Arrest of a Car Conductor tor Obtaining | His Position by False Pretences. be bought them. Judge Donobue took the Betcre Judge Murray, Simon Greenfeidt, a conductor of the Forty- is ace tear Second aud Grand street line of cars, was ar- Wincuell vs. Wincuei.—The motion to strike | T#ued yesterday on complaint of tne Superin- out portions of the reply is granted, with gio ‘endent, who charged nim with securing his costs. position by false representations, [his is Im ¥10- shea v3. Shea.—The amount reported as proper but the Kiy allowance to the delendant should be in- to be allowed for counse| fee ts ample, week creased to $25 per Week. More vs. Herman.—I[ will hear the counsel tn this jeneral Term, on Friday, November 20, c si eleven 0' . Larska et a By Judge Donohue. Higgins vs. Fields; Land and Butiding Society va. Steck et al.; Kibbeir v8. Kearmnerer; Stewart vs. Stewart; arter of Gatiez; Merchanta’ National Bank o| Mc wranted, ‘ tn the matter of Bianche A, Ferrio.—Memoran aun. wate vs. Snefier.—Motion denied, withou \.—Memoranaum {or second Union Co-operative | in of jaw nasserl by the ast Legisia- ture for tne at protection of the city railroad companies, Oouusei for the accused made three Separate motions tor the disca which were ovyerraied, und G for trial at the Court of Ge | Case is to De taken to th D rt, for Purpose of testing the coustitutionajty of the @ Beaten and Kobbed ina Lodging House. Daniel B, Pierce, a boarder at the Grand Central Lodging House, No, 120 East Forty-third street, was knocked down and beaten and roped of $11 lation of ana f gton vs. Lathrop; vs, Benedict: Ratzer yesterday a n00n by three men belonging to vzer, Jt.; Werks vs. Fatkenbderg; Foster vs, e house. The three * yuricaiday va. Machardo; in the matter ine a oT ‘hree assailants were arrested Trustees of Henry Martman.—Motions | 494 gave their names Gaarn, the super: asa ders’ Bank vs, Pepper et | $1,000 bai! The suit brought Oy Brink & Este against the | Hanover Fire Insurance Company to recover | $3,750, effected tn 1865 on the stock of their store | 4044, 4122, 3934, in Lexingtou, N. C., the facts of which have been | reported, reached yesterday a verdict for tne | grit, 4080, 4126, 8737, a@ test suit similar verdicts were ordered against the Germania, Niagara and Repabiic rire Join Joseph Gillen was tried yesterday on a saloon in Mulberry street, when a quarrel arose between him and Patrick Gillespie, which ended in bis stabbing the latter, from the effects of which Tt being shown that the accused acted ‘ge, congratulated cape Abu advised him to McCabe va, The Mayor, &c.—Demurrer overruled ; Metcalf vs. An- | Mr. William H. Harrison, of No. 160 West Four- | | was taken | . | other two ruoners. They examination. COURT CALENDARS—THIS DAY. ! | Fan Brant.—issue of aw and fact—No. 1. | \. SUPREMZ COURT—CrRovrT—Part 2—Held Judge Brady.—Nos, 4118, 4018, 3802, 8874, 4126, $580, 8788, 3404, 4028, 2206. 4314, 4506, 4068, 3998, Part 3—Held by Judge Van Vorst—Short Causes.— Nos. 4390, 2599, 2413, 4017, 8807 4¢, 1183, 2019, 580034, 4053, 8959, 4047, 4075, 3663, 3993, 4033, 2960, 380534, 4280, 4886, 3637, 3047, 8751, 3933, 4355, $229, 4117, 4091, 4253, 4365, 4279, 3427. SUPREME COURT — CHAMBERS—Held oy Judge Donohue, —Nos, 21, 83, $4, 62, 74, 106, 133, 198, 142 78, 178, 187, 189, 193, 106, 198, 210, 211, 214, 2: | 219, 2: SUPERIOR ba pee Teax—Part 2—Hela | Lon. M—Held by Juda | by Judge Curtis.—-No. 672, | COMMON PLEAS—GENERAL Daly, Loew and J, F. Daly. 8. 158, 161, 162, 16 acy - Bs 11, 149, 172, 173, 174, 18, 86, 175, | 177, 178, 179, COMMON PLEAS—TRIAL TERM—Part 1—Heid b: Judge Kobinson.—Nos. 2023, 1499, 2009, 2028, 2080, 1094, 166115, 1679, 1101 4¢, 1821, 2065, 2117, 2183, 2048, 2068, 1281, 1251, 2226, 2014, 2173, 2225, 2154. MARINE VOURT—TRIAL TERM—Part 1—Held by Judge Spaulding.—Nos. 1503, 675, 678, 682, 6:3, 684, 85, 686, 689, 620, 691, 694, 695, 696, 697, 692, Part 2—Heia by Judge McAdam.—Nos. 1863, 1661, 1359, 1270, 1371, 1660, 1043, 1394, 1302, 1103, 699, 700, 71, i 03, Part 3—Held by Judge Shea. —Nos. 67! 1608, 1723, 1724, 499, 1691, 1742, 254, 308, 1351, 2 1602, 1289, 1488, . CocrT OF GENERAL Sgsstons—Hela by Judge Sutherland.—The People vs. August Seime, felont- ous assault and battcry; Same vs. abraham Jones, felonious assault and battery; Same vs. Edward Same vs. Isebeila Jonnson, giand larceny; Same ys. John Brown, grand veny; Same vs, Pechill, grand larceny, VERDIOT AGAINST A RAILROAD OOMPANTY. In the Supremo Court, Circuit, of Kings county, Judge Barnard presiding, sult was brought by Mrs. R. A. Platt, a young married lady, against the Forty-second Street ana Grand Street Railr: ad | of New York, to recover damages for Injuries su: tained In the sum of $5,000, 1878, the plaintisf attempted to get on one of tho cars of the defendints’ company at the Grand | street ferry, When the vehicle was started, throw- ing her doWu aod dragging her for a considerable | cs distance, causing serious and permanent injuries. | The jury gave | damages. | BROOKLYN OOURT CALENDARS-THI8 DAY, | Judge | tablish the commission of a siugie act of criminal Crry Covnt—Before Judge Reynolds.—Nos. 167, 114, 115, 95, 140, 172, 57, 40, 207, SCPREME CouRT—CiRcUIT—Before Judge Tap- | pen.—Nos, 116, 205, 208 211, 3, 215, 97, 175, 219, 0,221, 222, 293, 225, 226, 227, 228, 249, 980, 291, COURT OF APPEALS, H ALBANY, N. Y.. Nov. 19, 1874. | In the Court of Appeals, Thursday, November 19, 1874s— | No.7 The National Life Insurance Company of the United States, appellant, vs. S. Judson Jones | et al, respondents.—Argument resumed this | morning and concluded. No. 79. Garrett S. Ayers et al., appellants, vs, | Meletian H. Lawrence etal., respondents,—Argued | by H. L, Comstock, of counsel for arpellants, and by George T. Spencer for responden | Nos, 191 and 192, Philo T. Ruggles, | at &c., appellant, vs. Orland A, Chapman, as | intendent, &c., imrleaded, &c,, respundent; by | vs. Same,—argued together as one causa by John | Balculia, Deputy Attorney General, for respond- ent. | lant.—Argued by J. L. Smith, of counsel for appe | lant, and by Henry Miall for respondents. | still on. | _ Proclamation made and Court adjourned to Fri- Gay, November 20, at ten A. M, calendar for Friday, November 20—Nos, 43, 387, 74, 19, 39, 72, 6654, 88. TILTON VS. BEECHER, The Defendant’s Motion for a Bill of Particulars Denied—Judges Reynolds and McCue Render Diverse Opinions. Yesterday, in the Brooklyn City Court, General | Term, Judges Reynolds and McCue rendered de> | cisions upon the argument of appeal of counsel in vhe case of Tilton against Beecher, in the matter of the order of Chief Justice Neilson, denying the Tight of defendant to a bill of particulars spectty- tng the times and places at which the alleged acts ofadultery were committed between the defendant andthe wife of the plaintif. The former-named Judge affirms the order of the lower Court, while Judge McCue dissents from the opinion of his asso- ciate. DECISION OF JUDGE REYNOLDS. Judge Reynolds says the question before the Court is, “Ought the plaintiff upon the trial to be of which he may be able to xin advance?” for it would be idle to compel him to name the precise | time of any alleged acts, except for the purpose of excluding all others from bis claim, That is the very object of the motion. The complaint alleges unlawful acts to have been committed on | or about the 10th day of October, 1868, spectiying asthe place two housesin the city of Brooklyn. | 1t is admitted that this is sufficiently definite and certain for the purposes of the pleading. If not, the remedy was by motion, and to ne made before | the service or the answer. He understood the | application to be based upon the ground that the | Court has power to ordera bill of particulars, as | incident to the general administration of justice, as well as by section 158 of the Code. Judge | Reynolds says:—"The defendant ts entitled, asa | matter of right, to a copy of tne plaintifi’s account, when a demand for it | mature of the case, but the billo! particulars of | | | 4s to be required only in the exercise of a sound discretion.” Upon eXamining the authorities cited | by defenaant’s counsel, it will be ‘ound that the ; Courtin each instance has evideotly haa reter- ence to ihe particular circumstances of the case and the supposed ability of the party to give te | iniormation asked for. The decisions which are relied upon as having the most direct bearing upon the applicatiou are those cited from the ngiis! | vorce is joined with an action ior damages ; @gainst the alleged paramour. Ip toese cases it seems to be common to order particulars to be given, The Judge then reviews the manner in which the cause of action Is stated in the petition under their practice and contends that they are | Dot analogous. “We are not,” lie says, “re.erred toa divorce case in this State where an order for particulars was applied for or maae. I think, too, the counsel was mistaken 1M supposing that the settling of issues in a divorce suit ever served the | purpose wmch 1s sought to be attained by an | Order, The issues were founded upon the piead- ings. The-e were required to allege the offence With reasonable certainty of time and place, and if the charge Was too vague the detect was not Temedied by supplying an tssue containing the ticulars, but the issue would not be amended. * * The practice of ordering particulars tn such cases seems Lever to hive obtained nere, Of course, biils of particulars may be ordered in cer- tain cages, and sometimes in actions oj tort.” ‘The recedents cited by the counsel tor defendant— umpurey ve. Cortelyou, 14 Cow. 54, 1,001; Vischer vs. Conant, 4 Cow,, v6; Barly ve. Suith, appendix to 12 Irish Com. Law &.—do not form a basis (or similar procedure On the part of this vourt. Toere 18 & Vast difference between the | Dature of this case and these cited. “Our atten- tion has not been directed to poy case in the State,” says Judge Reynolds, “and f am not aware ot avy holding in an acuon for damages for a wrong committed where tie time of ihe commission of the act is Dot material to consti- tute the cause of action, that the particular time must be stated aud proved according to tac alle- ganon. * * * It 15 said, °On, itis a great hard- ship to the defendant to go to trial Without know. | ing the precise times and places at which he Is | alieged to have commited the onences charged against him.’ | think such is the state of the law to-day; uvavoldabiy Bo. With ali the uncertainties | of tuman testimony no man can foresee tne | chances and accidents of @ triai; and as to imma- tertai circumstances great jatitade snould be al- jowed, * * * The moving alfidavits make ex- | tracts from a pubdlisned statement of the piaintut | in which he speaks of conlessions made to iim by his wile and vy the defencant. [t 1s not at present apparent how her conlessions can ve made use of as evidence op the trial, As to those of the defendant, 1¢ does bot appear that the plaintit’s étatement, as quoted, that such confession fur+ nished him with the information asto the dates which would enab.e lim to comply witb the oruet sought for, vor is it quite clear that a plaimuf tn such an action ought to be compelled to r age upon tie accuracy or reliao articulars were 5 suppose the pluintiM comes into Court, and upon the trial sWears 10 conies-ions of guilt as made to him by defendant, broad enough to sustain the complaint, if credited by the jury; suppose he succeeds in producing over witnesses who shall awear to similar Conlessions, and aiso introduce papers, written acd sicnea dy the defendant, a piaint charged ; b tially confessions of the ay, is sore shall shat any array of proots or th No, 80, Tho Trustees of the Town of Brookhaven | et al, responcents, vs. Cnaries T. Stroog, appel- | Case | confined to those particular acts, the exact date | Zabrisk!, burglary; Same va. Jobn Donohue, bur- | giary; Same vs. Dennis Donotue, grand larceny; | Cnaries | One day in June, | he plalntif @ verdict for $1,009 | of the commencement of this action. | L, Hill, of counsel for appellant, and by Charles Ss. | were each held in | Rigintig. Boys fp SUPREMB COURT—SPECIAL TERM—Held oy Judge | Case | fi 3598, 3636, | 8452, 3608, | prope: 18 | endant'e ap, 2066, 1349, 2151, 2040, 2104, 2148, 2118, 2158, 1899, 2153, | | but the plainuid’s rigut of damage rest 1874,—TRIPLE SHEET. that case be entities ton ver- we should make the order which je now asked for the defendant might, in tre first place, with great piausibility, object to all proof which does Dot point to some. specific ti | apdinthe next demand a verdict of acquittal, | even if the jury should believe the evidence against | im, Decause he had not been shown to have com- mitied the offence at the particular times to which | the plaintiff uas been confined by the order and the | bill of particulars. * * * I think the parties can | have had a periectly fair trial of the issues in the | ordinary way, and | am, therefore, in favor of af firming the order made at the Special Term, and that without costs."" OPINION OF JUDGE M’CUB, Before passing to the exumination of the ques- tions presented tn the appeal {rom the order of | Judge Neilson, Judge McCue says:—We think it | T to notice two objections ratsed to the de- ication, since the late disposition of | these ol sections will simplify our labor. First, | that the defendant desired a Util of particulars of | the confession made by the plaints wile, which | it is claimed could not be introduced against the | deiendant; and, second, that the claim of the | Platutif is for loss of affection, comforts, society nd assistance of his wife, ind that if the deiend- t bad accomplishea this without seduction | 8 liability would have been the same. | (See point 14, respondent's printed points.) An eXamination of the order to show cause disposes of the first objection, The bill of partic. ulars desired does not cali ior the confession of the wile, oniy for those made by the deponent himsell. The second otjection is not well tuken. ‘She 1088 of affection, com.ort, society and assist- auce Oo! the wife are elements of damage, it is true; jone upon the ‘act of the seduction of the wife, and if | plaintiff tails to prove the Jact, noLwitas!anding that he may have lost her afections, &c., be Must fail in Uns action. A especial action on tue case might give him reliel; but, in tis action, jailing to prove that the Jelendant debauched the plain- tid’s wife, the plaintiff has no standing tn court. * * * Tias this Court the power, alter issue gained in un action for crim. con., to order a DUL of particulars “of the divers other | days and times” after the one particular day named in the complaint, when tuo | crimival conversation 18 claimed to have taken place aad of toe ticular guilty acts watch It is | claimed the Geiendant has coniessed. Judge McCue then reviews the ruling of the Chief Judge as to “ine want of power to grant the motion for @ Dill of particulars,” and “with great respect thinks this position an erroneous one.” Toe com- plaint, us @ pleading, 18 good, and Jollows the es- tablished forms. ‘Ihere 18 no indefiniteness or un- certainty in thenature of the cuarge, dise tinotly alleged that the defendant devauched the plaintia’s wile * * * Jit matters not Whether the deiendant did or did not debauch the plaintit’s wile at divers other days and times be- tween the 10th day of October, 1888, and the time Ii guilty on ed, he i$ guilty of the wrong the platnti is entitled to re- * * If the plaintif can es- the one day alle. compiained o', and cover damages. * conversation, his cause of action {s thus iully es- tabiished. ‘ihe Court, therelore, can give him no reliet under the section 140, because tie nature of the charge against im 1s apparent on the face of the compiaint, and the time immaterial, except to the defendant, to enable him to prepare ior trial, It does not ollow that because the platntittis com- ponies to designate with some reasonapie pariicu- larity those ‘other days and times’ that he is necessarily obliged to disclose the evidence by which bis cause of action is to be sustained, and thus expose Wis preparation and means of at- tack, * ‘The plaintiff has now, undoubtedly, the proof within hig reach, by which he hopes to establish the fact; but the names of the witnesses who saw the guilty act committed, or the circumstantial evidence vy which the plainttf, in the absence oi direct proof, will en- deavour to establish the defendant’s guilt, are not disclosed. The duage contends that to give the dates could not afford delendant any opportunity to tamper with or eloign an unwilling witness or enabie him to manufacture testimony to meet | facts and circumstances known only to plaintuf. He does not concur with Judge Neilson, that the defendant haa ample remedy under section 160, The plaintiff “might be examined belore the trial, butltis difficult to imagine any line ofexamination which would be permissabdle, wolch would give fendent any information as to tre days and times” when the allege iminal acts occurred. Judge McCue iurther We have no right to presume the defendant guilty, The burden of prool rests upon the plaintiff. * * * Itis begging the whole question to say that the defendant, if guilty, knows of course all the facta Which can possibly be introduced against him, We have no right to presume that ettler party wil attempt to manufacture false testimony, but cer- tainly the opportunity to ao so 18 a8 Iree to the laintiff’as to the deiendant. Hence it is no in- justice to ask the plaintid to designate the times hen the acts of which he compiains were com- Mitted, That the Court has the power togrant the order for s bill of particulars, tne Judge argues at length, citing several authorities in support of his opinion, and decides, in conclu- sion, “that the order appealed from should be re- versed, without costs, however.” ‘| WILL THE CASE BE TRIED IN DECEMBER ? It is more than probable that the counsel for Mr. Beecher will appeal from the decision of Jadges Neilson and Reynolds denying a bill of par+ ticulars, woich will have the fect, 1t is oelieved, of putting off the trial. which has been entered on the City Court calendar for December §, to an in- definite period. THE BURGLARY TRIAL IN WASHINGTON, Tin of Counsel and Adjournment of the Court=The Alleged Perjury Case. WASHINGTON, Nov. 19, 1874. The Criminal Court met at half-past eleven A. M. to-day and the trial of the alleged burglary conspirators Was resumed. ‘Toe jury withdrew {rom the court room for a jew moments, at the request of Mr. Henkle, the | bailiffs guarding them. Mr. Henkle gave way to Mr. Davidge. who said that he desired to state to the Court that he was still so much indisposed | that he elt unable to commence his argument this morning, aud was compelied to ask that the case be postponed lor another day. Mr. Henkle, on behall of his client, Mr. Whitley, withdrew lis original answer on the Hayes per- jury case and submitted another, wbich was made | part of the records of the Court. Aiter reading it the Judge stated to the counsel present the sub- | stance of it, and sald it did not differ materially jrom the return made yesterday in the same case. | The amended return deciares that on the advice | of Richard Harr.ngton the warrant, &c., were is applicable to the | whe claim, which the Court may order, tn all cases | nh Divorce Court, where the petition for di- | ' which are Claimed by the plaintiff to pe substan. | intendent on and | point out specific days or tmes of we alleged + | Peter Wascter 0 t Court I) wrongs, What would o@ the consequence, shoud appeared that Plerce owed a t and tnat the jury de saustied upon such evidence t | the superintendent took this o: paying | of the defendant's guilt? In accordance with the | Dt | bimsell, and was assistea @ operation by the general rules applicable to the trial of issaes the | sworn out py Whitley. This Jact was not in- cluded in the return ol yesterday. In reference to the indisposition of Mr. Davidge, | the Judge satd that he would assume the duty of | adjourning the Court from tinte to time asthe necessities Of all present might warrant or de- mand, The Court, with the acquiescence of the prosecu- tion, allowed Whitley to go bome, as his wile was i, until next Tuesday, and then adjourned until to-morrow at eleven A. M. Judge Humphreys gave notice that there will be No session of the trial on Saturday. NEW YORK CITY. The Commissioners of Docks, at their meeting yesterday, awarded contracts for 20,000 cubic yaras of broken stone and 10,000 cubic yards of rip-rap, | the whole to cost $52,000, | The nineteenth anniversary of the Woman's | Hospital was celebrated yesterday afternoon at the institution, Forty-ninth street and Fourth ave~ nue, James W. Beekman presided. Sergeant Fanning, of the Nineteenth precinct, put out a fre on tne roof of James Price’s carpen- ter shop, No. 201 East Fifty-ninth street, before it did any damage, yesterday morning. The Unizea States sloopsbip St. Mary is ex- pected to arrive in this port December 1, when a dock at which she can be stationed will he set apart by the Dock Commissioners for her accom. modation. | James Connerly, & boy, aged thirteen years, who resides at No. 200 Cherry street, was run over by a | coal cart yesterday afternoon, in Clinton street, | near Madison, He was burt internally and is now | in Bellevue Hospital. Joun McDonneli, the driver Of the cart, Was arrested, | Thomas McUormack, aged thirty-five years, re- siding at No, 420 West Forty-ninth street, fella | distance of thirty-five feet, (rom the fourth story | of the new mnsuem in Manhattan Square, yester- | day aiternoon. He received serious injuries aud | was taken home by his (rienas, Several months ago Warden Dunham, who has charge of the County Jail, submitted his bill jor the support Of the prisoners to Comptroller Grecn, but he has not yet received payment. There is some trouvie in relation to the matter, for the | claim has tot yet been audited. One of his | fends. Alderman Reilly, states that Mr. Danham borrowed $12,000 to pay his attachés, and that he has not received apy salary for hi rvices since his accession to office, It 18 considered iikely that Warden will bring @ suit against the city to recover his claim. The Butter and Oheese Exchange at its special | meeting yesterday appointed Messrs. R.S. Doty, | ©. 8. Brown, R. H. Turner, W, Winsor, Mt. Folsom, | S. W. Hoyt, J, 8. Martin, Dewitt C, Stanford, W. Bett and John A, Smitn a committee to nda the Convention of the American Cheap Transporta- tion Association at Richmond, Va., on the Ist of December. The committee appointed to conier with committees o; otner cominércial bodies, in reiation to the constitutionai amendments, re- ported that they had raised vy individuai subserip- tion the amount apporiioned to them and per- formed all the labor required of them in carrying out the plan of operation proposed. ‘Ihe report expressed the gratification of the merchants of the adoption of all the amendments by large majori- ies, It was adopted and the committee discharged, | \ BROOKLYN. } A petit jury has been summoned tn the United States Court for December 1. | Wbere were 182 deaths recorded in Brookiyn last | | | made were true, and thar ¢ week, 18 of which were from diphtherie ana m from consumption. ‘The Coroner was notified yesterday to hold an inquest over the body of @ Scotchman, Jo&n Gra- ham, who died from the effects of an overdose of tartar emetic, which be bad taken for medicinal Purposes, In the Kings County Court of Sessions, before Judge Moore, the case of Henry C. Bowen against Demas Barnes, for slander, was called, but by oeaement of counsel! on botn sides the trial went e until to-da: Justice Riely yesterday committed Robert 0. Winkie, the jealous tailor, who attempted to shoot George B, Kellum, for suspected over familiarit, with Mre, Winkle, on the 11th tnat. The accuses ays bail in the sum of $200 to appear before the rand Jury, District Attorney Tenny yesterday committed i Spanish sailors, named Joseph Parimt and farrello Bertrand, for peddling cigars without @ lee ‘The penaity upon convicuion 1s & fe of 100 tu $500 and imprisonment lor a term of trom three months to ftvey ars. Patrick Broidy, who was terribly beaten about the head by ruMlans named Gillen and McGowan, on the 28th of October, while attempting to rescue a girl trom their violence, lies ina very critical SOnOIIOR: 5% es Pyrenees No, 457 Columbia 0 bahay Me ger eh oking alter the assailants, The body of @ drowned man was found in the | Tiver yesterday at the foot of Thirty-eighth street, Deceased, Wno Was avout thirty-five years old, was five feet nine inches tn height, sii had on a pair of dark pantaloous “and. vest: diag: onal coat ana white shirt. The remains taken to the Morgue. A dry goods broker named Samuel B. Rea bas been missing from his home, No. 349 Lexington avenue, since Uctover 9 Yesterday his remains were identified at the Morgue. His bi tre up Ae theta the day peetians on the foot jams street. Mr. Rea was, it deranged when he left his home. Hmnpyoees, The Board of City Works state that $1,400,000, appropriated tor the completion of the storage re servoir, Js exhausted. When the water bond were put upon the market $30,000 in dis was ere sue the caiatalablosere now oak te Common Council to supply this deficiency, in order to complete the contract by December L. Father McDonald, pastor of the Churoh of the Immaculate Conception, has offered to repeat his recent Colville concert, for the benefit of the Brooklyn Roman Catholic Orphan Asvlum, and the management having accepted his generous offer the entertainment will be given at the Academy o! Music on some week evening early in December. The investigation as to the attempted murder of Boatswain Albert E, Smith, of the Liverpool packet ship Neptune, was concluded yesterday aiternoon, before United States Commissioner Winslow. No evidence was adduced that could in the least degree satisfactorily show the guilt of any one of the prisoners, and the Commissioner was, therefore, reiuctantly compelled to di: J the remaining members of the crew, Daniel Har- rigan anc William Marks, “LONG ISLAND. The Episcopal Mission at Queens is temporarily in charge of the Hon. L, Bradford Prince, in the absence of Mr. Bedinger, who goes to Middletown, Conn., to pursue his divinity studies. The new Methodist church edifice at Rockville Centre will be dedicated on Sunday. There will be three services—morni afternoon and even- ing—and the Rev. Alexander Clark, of Pittsb Pa Will preach the dedication sermon, sedi On Thursday morning the barn of Mr. Harvey Dayton, about a mile east of Hempstead village, was discovered to be on fire, and together with its contents was totally destroyed. The premises were occupied by Mr. J. E. Hunt, dealer in pumps, and the barn was used as a storchouse Jor his goods, Mr, Hunt’s losa is about $2,000, on which there is an insurance of $1,400. STATEN ISLAND. Henry Shoemaker, 4 young man residing in Stapleton, was yesterday arraigned before Justice Kassner, on the charge of attempting to shoot his father, The Justice neld him for examination. Some mean thief broke into the ash market of Mr, William Widmer, on Arrietta street, near the landing, at Towpkinsvilie, a night or two ago, snd cleaned out bis entire stock. Mr. Widmer is @ young man and just starting in business. The opening of the new Germen Vlub House on the Richmond road, Stapleton, has been postponed until the 2th inst., when the “Nachtlager yon Granada” {is to be performed. There will be pach sey theatrical entertainments there during the wiuter, The Rev. Dr. Brownlee, of the Reformea church at Richmond, who was attacked with paralysis while preaching the sermon at the funeral of Justice Middlebrook, hag so far recovered as to be out, and itis expected that in a few days he will pe avle to visit some of the county schools of which he is commissioner. Mr. Cocraft, superintendant of the government fortifications at Clifton, on Monday last dis. charged and paid off the whole force of laborers engaged there and closed the works ior the winter, in consequence of the appropriations run- ning short, all the work during the winter will be done by his own force of about twenty-five ; Men. Mr. George Bechtel, proprietor of one of the large Stapleton vrewerles, has a gang of men and carta engaged in making an excavation in the rear o) the brewery, 100 feet square, his purpose being ta puild an immense icenouse, to cost about $10,000, The earth is being carted at nis expense 1d dumped on Broad street, to be used in grading 11 the entire length, about a half mile, the suriace to be macadamized with slag. NEW JERSEY. Maggie Clars, alias “‘Long Mary,’ @ noted shop- Mfter, was arrested in Newark yesterday, She te held for examination. Thomas Forrester, a brother of the pedestrian, was kicked bya horse in Newark yesterday and seriously if not Jatally injured. Miss Emma Smith, @ Newark lady of muscular development, publicly norsewhipped Chris Valz, & livery stable keeper, yesterday. Chris said naughty things behind Miss Emma’s back. Alter a three months’ run the Newark Industrial Exhibition has just closed, Some 75,000 persons visited it during the quarter. Financially it hag not been anything ilke the success of previous years. Otherwise tt has been quite as great a auc cess, if not greater. Peter Merkel, the oldest Free Mason in New Jers sey, died recently at his home in Sussex county. He was ninety-five years of age, less a few months, and had been a Mason for over sixty years. Hite ancestors came froin Germany 200 years ago, ope time he served in the New Jersey Assembly, A young girl named Mathews, residing in Essex street, Jersey City, gave birth to achild several days ago, The child did not survive many days, Yesterday it was repo: ted to the County Physict: that the infant had oeen lying dead for three day in the house, and an investigation proved the re. port to be correct. Coroner Whelan was directed to hola an inquest. The mother of the child lays its paternity upon her step!ather. Miss Kellett, who has been for sixteen years @ teacher in Public Schoo! No. 1 in Hoboken, 1s to re- celve @ well merited compliment at two o'clock to-day, Viz.:—a set of resolutions presented by the Board of Education expressing regret at her leav- ing the school: also a number o! silver cups irom the public schoo! teachers of Hoboken, and some handsome giits irom the school culldren, She is to be married and retire from tne school. A DISHONEST FOREMAN. How a Store at St. Louls Was Stocked from Yonkers, At Yonkers yesterday David G. Cantrell, a fore. man in the tiimming shop of Jonn F. Waring & Co.'@ hat manulactory, was arrested by Rounds- man McLoughlia, on @ Warrant charging him with grand larceny. It appears that a few days ago the firm named received @ communication trom a lawyer in St, Loais asking if they tad tn their em- pioy @ man named Cantreil, and setting forth that a woman keeping a smuil store in the last named city was selling their goods at figures which would scarcely delray the cost o1 the articles. The firm despatched an ee to St. Louis, and on his are rival there he found that the representations utreli’s wile was in charge of the store. ‘Ih est LOOK place, ac+ cordingly, just as the accused about starting jor St. Louls, having obrained a leave of absence trom his employers Jor the purpose of seeing his wile, whol he represented to be in delicate health, Cantrell at once acknowledged his gilt, and, acting on the iulormation vowuntecr the roundsman found in trunk several tats already trimmed, and also & quantity of ostrica Ups and featuers, ribbons, sewing Silk and other materials, valued tn all ab anout $50, The accused waa taken before City Judge Baird and, having watved examination, furnished bonds th the sum or $1,000 to awatt tue action of tie Grand Jury, Cantrell has been 1 the employ of the tirm famed about two yea and up to yesterday had possessed (thew tabi com fidence as to his integcity,