The New York Herald Newspaper, December 4, 1874, Page 8

couURTS. The Conviction of Schwab---A Stay o edings Granted. Ha Question of Bail to Come Up To-day. UNLICENSED LIQUOR DEALERS. The Excise Commissioners Resolved on Enforeing the Law. THE MOULTON-PROCIOR LIBEL. The new Erte Railway litigation, in which John ©. Angell got @ temporary injunction irom the company, and which the company on the succeeding day got modified, has got fairly under way, though when it wili reach a conciusion ts beyond the power of prophetic ken, Juage Westbrook, of the Supreme Court, yesterday appointed Joun S. Lawrence reteree in the case, which, though not quite equivalent to putting it in chancery, ts the sure precursor of a prolonged investigation, His promise, according to the order made in the cage, te to take testimony upon the charges preferred @gainst We company, and then leave it with the Court w determine whether the receiver asked tor shall be appointed. Yesterday in the United States Circuit Court, in the matter of John W. Britton, a3 assignee, plain- tft, v8. M. T. Brennan and Charies Payen, appe- lees, Judge Woodruff declared that the decision herei® must be affirmed, with costs of the appeal Ww be paid by the appellant to the respondent out of the estate of the bankrupt. In the matter of John W. Britton, as assignee, vs. Henry Brewster and others, Judge Woodrum aM@rms the decree of the District Court, with costs to be paid by the appellant to the respondent out Of the estate of the bankrupt. SCHWAB GRANTED A STAY. Judge Dononne, of the Supreme Court, yester- Gay gave his decision in the case of Sigismund Schwab, recently convicted tn the Court of Oyer and Terminer of sellung liquor without license, and sentenced to imprisonment in the City Prison and w paya fine. An arrest of jucgmeut having been refused by Judge Barrett, before whom he ‘Was tried, there was, naturally, on the part of the large body o! liquor dealers, who are still carrying on thelr traMe without license and liable to be tried under a similar indictment, a good deatof @uxiety as to the decision to follow the subse- quent application to Judge Donohue by A. Oakey Hall and John McKeon for a stay of proceedings and Ms admission to bail. His decision, as will be seen in the {ollowing opinion, has realized the extent of their most hopeiul expectations. The sult of error and stay asked for hus been granted, and this morning tae question of his release on | bail, as recommended by Judge Donouue, will be determined by Judge Barrett:— OPINION OP JUDGE DONORUE. The defendant in this case has been convicted of the offence of selling liquor without a license and sentenced | Dy the Court before which he was tried to thirty. days’ imprisopment anda due of $20. On that sentence the Court, as 1 understand its language, while taking the view that the conviction was clear, made the sentence light in consideration of the tact that the prisoner bad been testing his legal rignts. ‘The prisoner asks to review that conviction and sen- tence and, to enabie bim two do it, asks a stay ot pro- cvedings and that, in the meantime, he be admitted to ul The power of the Court, both to stay the proceed- ngs und to admit to bail, is not dened. The only point Yuised by the District’ Attorney is, that, under the dis- €renion vested in the Court, this power should not be ¢xercised in favor of this prisoner; and he presses this sirongly om the ground that other parties are Vioiaumg the law, and if they think they can escape punishment, tne law will be Violated with impunizy ; that this act is not a new act, the offence is not a new offence, and that the want ot ité prior enforcement does not fall on the prisoner as a new offence. His case, so far as the points he raises are con- cerned, is precisely as if the law had just been passed, and it does not seem to me, thereiore, on that ground that the appeal and stay should @e reiused. Nor does it seem to me that he sould be deprived of a stay because others who may be violating the law, and who can ve reached, tried and punished, will be éncouraged by his act. All persons who are selling liquor without a license rather harsh argument to use to this prisoner. “You 4 your counsei, respectabie agd able members think you have a ground of appeal. Those | on ‘their professional honor, advised You to appeal, and yet the Court shall deny you the only Felief that will givé you the power to appeal, because unless bail ts granted Your sentence will be served be- fore the appeal can be heard.” It seems to me any sys- | tem of law which grants a right of appeal with sach a ‘Fesuriction is wo barsh and severe, aua that such was not the intent of the law. The whole reasoning of the Court, in 60 Barbour, 430,18 tw the contrary. There is nothing inreason or i law that this man should be barshiy. ony, iP te territy those who are within reach of the ict Attorney, and whom he can pumsh if he sees fit, The only remaining gentlemen, question is, Is there any doubt wer on the goiuts raised by the counsel who Bemieg the prisoiér? I think the points present Daa rigoner should have the rig £0) ay ti but, in saying this, T desire to impress on all those au z\aa a i was betore conviction thar; while the law mercuully aliows a party Convicted to’ review that conviction, it hoids out no license w violators of the iaw, aod, ehOUld the conviction be affirmed, the notice whi learned ne Judge who sentenced the ‘prisoner gave, that all future offenders who should be be u rt could hope for ho mercy. 1 think the p: admitted to hould bail in che sum of $2,5W ing the wri tay, « "[1@UOR DEALERS WARNED. A report of the proceedings yesterday in tne Court of vyer and Terminer, Judge Barrett being on tbe Bench, follows as a fit companion picture oterror and to the decision given above in the Schwab case. | Assistant District Attorney Rollins, it will be re- membered, at the session of the Court succeeding the conviction of Schwab, gave utterance to rather forcible warnings against liquor dealers failing to take out licenses, bat, promises of clemency to those paying proper re- spect to the Excise Commissioners. On the reassembling of the Court yesterday, there being mo cases ready for trial, he repeated his previous philipptc, but more intensified, against unlicensed liquor dealers. He referred to the case of Schwab as showing that the law covered all classes of liquor dealers, and tue en- jorcement of this fact was tue object of his pressing that case to trial. In the conviction and sentence Oi the prisoner the rm irore § and dignity of the law bad been fully vindicated. The result ‘of this senten n_ conviction was that on the very next day but one—tne intervening day being Thanksgiving Day—some $13,000 Was pald as license fees to the Kxcise Commissioners. On Saturday he had @ large calendar against un- licensed liquor dealers, and all but one at once | compiled with the law and took ont licenses, Under these circumstances he did not feel inclined to press the Suits against them, thinking, as ne supposed His Honor did, that when a spirit of compliance Was shown no spirit of vindictiveness snould be showa. Counsel for the liquor dealers had said in his bearing that there was no reai de- fence to these sults. He had been surprised to hear since that some counsel for the liquor dealers bad advised them that the law could be success- july combatted, and thas meetings had been held for the sake Of concerted action in resisting the jaw. In view of this new defiance of the law he was ready to move to trial the cases of ali Who continued to violate the law since the convicuon of Scnwab, and he now gave notice of such intertion, I¢ was not to make the Court @ Mere corrective bureau. Judge Barrett bere interrupted Mr. Rollins, He Sala Oat such use of the Court could not be toler ated. He had suggested that where licenses were Waken Out nolle pros. should be entered; but if it | duced to $2,000. On the Sistof May, 1873, his salary | manded tocnable the officer to procure further became apparent that they were only taken out when their cases were pat on the calendar he should then withdraw hia suggestion and let Mr. Rollins take bis own course in Uiis matter. TAX ON INSURANCE COMPANIES. The Jefferson Insurance company have Com. amerennnipaceaae menced an action in tne United States Circuit Court v8. Marshall &. Blake, Collector of Internal Revesue. The suit was originally begun in the Supreme Court of the state of New York on the 14th of November, 1573; but in January, 1874, on the motion of Mr. Bliss, United States District At- torney, it was removed into the United States | Circust Court, The piaintits deciared « dividend on the 12th day of September, 1870, of $10,256 92 out of ite earnings, this divicend being paid fo the stockholders. Another dividend of 415,49 22 was decitred on tue 13th «| March, 1871, the two cividends, in tie acuregate, amounting 10 $24,206 14, In the year i 1 4 tax amounting to two anda half per cent Wos assessed on Cals sum by the Assessor of incer. de Kevenng jor the Torte reaped Covection dia- A lew a | Hrgaup, Judge Donohue gran! however, with pleasant | NEW uict, The defendant collected the amount of assessment, Dut the plaiutals made an ap! the Commissioner of Internal Revenue, that there was no ‘The Commissioner rendered a YORK HERALD, FRIDAY, DECEMBER 4, 1874. the | men in robbing John D. Mandeville of $280 on the peal tO-| a6th of October was concluded. chatmin, ton in law or. any such Mr. Price summed up the case for the defence, Asstatant District Attorney Nolan, in an able ad- ore the conviction of Scanlan, After th ihe anpeal, The consequence Js that the present | Guage ‘delivered ‘his chatwe, the jury rendered ) rougat by the aon Fire | yer, of guilty without leaving their seats. His a py BB to recover te smount | Ronor sentenced the prisoner to the State Prison illegally exacted irose tani ae Sovernmens for eleven yearg. Tuomas Brown, jomntly indicted This wHl be in the nature of test case. Other | Wetncaag enna ented guilty vo (an attempt on sults of a stmilar nature, to decide a like question, have been bi it by Richard Fraoklin, as re- ceiver of the Yonkers cnd New York surance Company; the Broadway Fire Insurance ae yt 1 insurance Co! ny, nO" Pire Insurance Company, the Hamilton Fire In- surance Company, tue Star Fire Insurance Com- pany. the Mechanics and Traders’ Fire Insurance mpany and the Gebuard Fire Insurance Com- BUSINESS IN THE OTHER COURTS. UNITED STATES OIRCUIT COURT. Collision Case. before Judge Woodruf, Yesterday Judge Woodruff rendered Bis de cision im the case of John W. Avery et al. va, the schooner Wanata, &c., on settlement of the form of decree, The Judge says that the clatmants ask thas the decree berein may award s grosssum to the lbellants and execntion therefor, the same to be distributed by the Clerk to'the several libellants according to the amounts of thelr several loss or damage cansed by the collision for which the schooner is condemned, The lideltants, on Uhe other hand, ask that the decree be, in substance, several decrees—that is to say thas ft condemns the schooner for each several amount of loss and award executton to each libellant to coliect the famount of bis separate loss, The materiality of these con- Nicting claims is supposed to arise from the ap- praneasiee of an appeal by the libeliants to the jupreme Conrt, & 8u; tron that if the de- ak r" cree were in the form last mentioned po would be from those parts of the decree w! awarded to either or any of the libellants a sum less than $2,000, And that the Supreme Court would not have jurisdiction to revers* any part except that which awards more than $2,000 to one of the liveilants. Whether whe form proposed by the claimants of decreeing the payment of a gross sum, to be distributed among the livellants, will affect the question of the jurisdiction of the Su- preme Court to reverse the whole decree, if found erroneous, ts not for this Court to decide. If the apparent injustice of compeiling the nts to ay & part of the loss, where the decision of the apreme Cours (as the case may be) declares that the claimants or their schooner lave been wroug- fully condemned and ought not to be required to pay anything, can be avoidea, without violating any important rule of practice or form, then surety pine nce would be matter for satisfaction rather than for regret. Suck spparent injustice was strongly illustrated in the case of Rich vs. Lambert (12 How., 347), and, perhaps. still more strikingly in the case of the Evelyn and Pett; vs, MOrTul (3 Benedict, 628; 16 lace, 338, 548). I, therefore, settie the decree in the form whica the claimants have requestea. SUPREME COURT—OHAMBERS. The Ola Murphy-Gamble Suit in Court, Before Judge Donohue. Robert T. Gamble and wife, in 1868, moved to Rockland county, having purchased there a farm of Mr. and Mrs. Hujus. They boarded with the Hujos family. Meantime Mra. Gamble died, anda Mr. Gamble and Mrs. Hujus were chargea with causing her death by potson. After a thorough investigation they were acquitted and the Grand Jary refused to indict them. Prior to her deatn Mrs, Gamble conveyed to her husband two houses and lots in this city, and also left a will giving him all the residue of her property. Suit was brought by Thomas and Michael Murphy, brothers of Mrs. Gamble, to eet aside the conveyance and will, The case was on the calendar for trial last spring, when Mra Hujus was shot and | KiNed, an Gamble shot, though not fatally. Michael Murphy was charged with the marder of Mrs. Hujus, cunvicted and sentenced to ve hanged. since, a8 already published in tne ® stay of pro- ceedings. When the suit to set aside the convey- ance and will was called to trial the plaintis fatiea to-appear and @ delault was taken. Motion ‘was made yesterday to open this default. There was a lengthy argument, in which all the facts of the case, aa stated, were gone over, Mr. Henry Daly, Jr. appearing for the plaintiffs and Mr. Heury L. Clinton for the defendants. The Court took the papers, reserving its decision. Technical Objections to an Assessment. Ex-Judge Ingraham objects to an assessment of $385 on Various lots belonging to him on the north side of Ninety-first street, between Sec- ond and Third avenues, the assessment being for a sewer in the street. He claimed that the street had never been publicly opened, and, therefore, that the assessment was wlegal This pot was strenuously pressed by Mr. Burrill, his counsel, on @ motion to vacate the assessment. Assistant Corporation Counsel Dean urged, 12 reply, that in 1840 the ex-Onief Justice sold the lots on the op- ite side of the street, which, though never Palicly opened, had been dedicated to pub- fic use aud’ buildings erected on the opposite jots. 1t was also urged for the motion that the sewers in Eighty-eighth and Ninety-first streets were bulit under one contract, and that @ previous assessment should cover the whole. To this the agnswer Was that constructing the sewertn the latter street was more expensive owing to the rock to be excavated, and that being doue under one contract made the assessment for Ninety-first street mucu less than it otherwise would have been, Judge.Donohue took the papers. Decisions. By Juage Westbrook. In tae matter fhe petition of Jamea Harri man.—-Order grantéd. 2 In the matter of the guardianship of William J. Crager.—Memorancum. Curry, Jt., ¥8..Curry.—A wife charged with adul- tery sould have the right to defend herself. Ag allowance is made to her of $75 for that purpo se. Though small, if she succeeds the Court can do her justice. If she fails and ts guilty of the adui- tery charged the husband should pay no more. | Phe application for an atlowsnce pendente hte for her support is denied, without prejudice to her right to renew such motion on additional papers. The facts set out in opposing aiidavits, if trae, ought to preciude her from obtatuing any sum ior her support. She may meet their allegations on another motion; but, however, the reiusal Is with- Out prejudice, SUPREME COURT—CIROUIT—PART 2, Decision. By Judge Van Brunt. Bean vs. Benedict et al.—See memorandum. SUPERIO2 COURT-SPEOIAL TERM, Decisions. By Judge Freeaman. Marklin vs. Rinaldo et al,—Motion granted, with | $10 costs. But as the sablettimg bas aiready taken | Diace and the sublessee is In actual possession, | the injunction during the pendency of the action must be directed against the improper and un- authorized use of the premises, Order to be eet- | tled in motion. Dutsch vs. Dorsey.—The examination of James Gill is sufficient, Schenck vs. Tne Mayor, &c.—Mosion granted. Same vs. Same.—Motion granted. Currie et al. vs. Kingsland et al.—All the equt- ties of the complaint being dented and plain- | tls having @ perfect remedy under the act of 1873 | the motion of the plaintif™ fora continuance of the injunction must be denied and the preiimi- hary iwjonction dissolved, with $10 costs. Cayhis et al. vs. New York, Kingston and Syra- conse Kailroad Company et al.—Motion granted aud Belix V, B. Kennedy appointea receiver, Lindon et a, v4, Stricker.—Motton dented, with $10 costa, Hm teben COMMON PLEAS—-SPEOIAL TERM Important Deciston on @ Salary Claim. Before Judge Robinson. In December, 1809, Daniel Gillespie was ap- of Taxes ata salary of $3,000 a year. He was paid at this rate wil July 1, 1872, when, owing toa reduction tn the appropriation, his salary was re- ‘Was atil! further reduced to $1,500, and finally, on July 2, 1873, he was discharged. Me brought ae tion for his salary at $2,000, and also claimed that he was ditegany discharged, no reason having neon given ior the same. # lengthy opinion on tue case, t that Gillespie, by his continuance in office, signi- no sult can lie for unlawful discharge, fore, dismissed the complaint. Decisions. Day vs. Shine,—Decree signed. By Judge Larremore. Coe vs. Cassidy.—Case settled, OOURT OF GENERAL SEgS10NS. Discharge of the Grand Jury: { Betore Judge Sutnerisnad. ‘The Grand Jury came into Court yesterday, and, having fiutshed the business before them, they were discharged for the term, with the thanks of | “‘Irresh,”’ and a iriend named McCloskey, engaged His Honor | on Wednesday evening to play a game of euvnre, | » Robbery. and made @ bet of aon on the reauit, | Myrtle, who i 4 tlriftlees indtviduai, | The trial of Michael A, Scanian, who waa charged | wiv agting in coinghesy With a number af young pointed a clerk i the office of the Commissioner | Judge Robinaon wrote | gist of which is | fled his acceptance of the reauced Sour her thie » Mhere- | ‘State Prison for Petit Larcentes. George Kelly, who was charged with stealing $wo pieces of alpaca, the property of Dunn, Fuller & Co., pleaded guilty to petit larceny, James Pennington also pleaded guilty to the same grade of offence, the chi betng that on the Tah of November "he stole belonging wo Nichoias Rieson, These prisoners were each sent to the Peniten- Wary for six months, Alloged Disorderty House. In the afternoon the trial of Sarah Myers, charged with Keeping a house of tmproper char- acter in Wooster street, and which is located in the Fifteenth ward, was commenced, Assistant District Attorney Nolan, tn opening the casc, satd thatan association of gentlemen in the Fifteenth ward was formed Wednesaay, ald was sent to ten yeara, { Of the saloon in which. party was, and the atakea were won from The Court did not consider the offence which he could take cognizance, it being ly @ breach of trust, and whe prisoner was discharged. gach he received $6 al: ther, $1 from McCloskey and $6 from “Fresh.” Wile the game was being played Myrtie threw dice with the bartender & Declined to Prosecute. 4 young Map named Eimer Grandon was charged with stealing’@ fur carriage robe of great worth, be- longing to Frank B, Wallace, of No. 142 East Thirty- ninth street, The robe was recovered from @ pawn office on Third avenue, and, Mr. W: dechning to prosecute, the accused was discharged. ESSEX MARKET POLIOB OOUBT. Swindling Herse Dealers. Before Judge Kilbretn. On the 18th of November Patrick Farrell saw an advertisement in one of tht morning papers read- ing as follows :— At Half Value.—One Horse, fit for Sry, business; war- ranted As sound and young; a trial allowed: will be sold ab sacrifice. Laquire at 39 Biece! In answer to thts advertisement, Mr. Farrel} proceeded to No. 39 Bleecker street, saw @ horse which the owner, Edward McKnight, represented ag the one advertised, and he bought it for $80, on. condition 1% after trying the animal tor a few days steel, near the of suppressing bouses.of this pectipuon, ad that the was the owner Dumber of them. Ee enn Sarees anaes defendant had end ices 6O SUDpFess the fact that sho owned the paMicuiar house tamed tn the indict- ment, Counsel for the accused ted techn} cal legal o| the it, the princi- one of which was that the prosecution were House on the 10th of July, the very Gay ‘sectied el m the indictment, f ‘The Court overruled the objection, and two wit- nesses Were examined to prove girls were kept there for improper purposes. Too case Will be resumed to-day. TOMBS POLICE COURT. He Wanted to Make His Wife a Present. Before Judge Kasmire, On Saturday, November 14, Mr. Moses Cohen called at the jewelry store of Mr. Fritz H. Jaenhe, No, 379 Broome street, and asked: to be shown some rings, Dtamond rings were the only ones which would suit Mr. Cohen, for Mr, Cohen wanted to make a present to his wife, and a dia- mond was the only suitable gem for her. He dia not know the exact size of his wife’s finger, but from his recollection of if he thought a certain Ting valued at $100 would be about the right size. Ir Mr. Jaenne would allow him to take the ring to his wite she would try it on, and if it suited and was large epough he would purchase 1s. Mr. Jaehne acceded to the request and Mr. Cohen took the sing On the 18th of November he returned with the jewel and said it would not suit. Could Mr. Jaenne let him see another ring? Certainly! Why not? And Cobeu got another ring valued at $110, whieh he did not return, hence his arrest. In his aMdavit Mr. Jaehno he believes Mrs, Cohen never saw the ring and, fur- ther, that Coben obtained possesaion of it by trick and device, with the intention to defraud depo nent, Cohen was placed under $1,000 bail, and Mr. Charlies L. Bernheim, of Lexington avenue, becoming surety for that amount, he was re- leased. will be tried at General Sessions. A Policy Shap Closed. Officer Van Buskirk, of the Fourth precinct, yes- terday arrested John Lund for keeping a “policy shop,” in violation of the lottery laws of the State, In Land's e, No, 202 William street, the officer captured ail the paraphernalia of the policy Dusi- ness and submitted them to the Court as evidence, Luna was hejd in $1,000 bail to answer the charge as Court of S| Sessions. Honorably Discharged. ‘The complaint made against Mr. W. H. Force for assault and battery some time since was with- drawn soatenday memene, and he was honorably cera and bonasmen removed from their fabuty. JEFFERSON MARKET POLICE OOURT. Captain MeDopnell’s Raid. Before Judge Flammer. Jefferson Market Court was packed early yester- day morning with a motley throng. Oaptain Mc- Donnell, of the Eighth precinct, had given orders to the men of hts command on the previous even- ing to arrest all women found soltciting men in the streets or exposing themselves tn the windows of houses in those streets through which the dil- ferent lines of cars passed. The result was that some forty-five women were arrested, and they were all arraigned before Judge Flammer yester- @ay morning. They were of all grades and | ges, some hardly seventeen years of | age, with young, fresh faces that almost | belied the charges made agamst them, While others, older and more haggard looking, With deep set-eyes, bloated face, aud generai dis- sipated look, gave unmistakable evidence of their failen state. The benches of the court room were fliled with loungers, curiosity mongers, and a numerous crowd of hard looking young men, the “trends” of the uniortunate women. Even the sidewalk outside the court was filled with the same kind of people, evidently waiting to hear the flat of the Judge and devising ways by which to raise the fine expected to be imposed on these joners. 2 soon as Jadge Fiammer took hts seat Clerk Benedict calied the Eighth ea The officer's name was then C: and the naines of the girls Whom he had arrested, jn each separate case the | Judge aske: nL prigohed | “You hear the charge made against you, girl. | What have you to say for yourself ?”” Their replies were as differeat as thelr appear- ance. Some of the giris Mead ed going for a doc- tor, when an officer jumpe off a car and arrested | them. Others, again, were gomg home trom work | or going to the grocery store for provisions, 4c, ‘The Judge beard them all patiently and ques- | tioned the officers closely and in the end dis- i charged thirty-six of those arraigned beforé hifh | aud held but nine. These were fined $6 and $10 each, which fines in five cases were paid tn Court before the girls wets taken downstairs, and thus ended the great raid. Robbed by His Father. Mr, Hanson ©, Gibson, notary pablic, of No, 63 | Wall street, on Saturday night last intrusted a | number o1 collections to his clerk, Clarence ‘J. | | Cryser, ® young man about nineteen years of age. | Young Cryser collected about $300 and went home, | placing the walict containing the money and a number of checks and drafts in what he considered @ sale piace. Monday mornin; | the pocketbeok could not be jound an | Ciarence Cryser reported the iact to his employer. Mr. Gibson had every confidence in his young | clerk, and did not wish to suspect him of ing | wrong. On Wednesday, however, OMicer Malone, | who had been informed of the circumstances, are | rested James B. Cryser, the father of the you man, at bis residence, No. 422 West Thirty-secou strect. In the father’s possession was found $187 | in money aud @ hinmber of promissory notes, which were identified by Mr. Gibson as the same | that he had given to young Clarence for collection, James 8. Oryser was arraigned before the Judge at this Court yesterday afternoon, When asked | what he had to say, he repiied, “4 regret to say 1 took it, but with the inteution of returning it again.’’ {tne prisoner was held in $2,000 bail to auswer at General Sessions, | Bold Robbery in Daylight. Wednesday afternoon about half-past four o'clock Mra, £, F, Tompkins, of No. 260 Bleecker | | street, was passing through Greenwich avenue, near Jefferson Market. She was carrying a baby | | on her right arm and had her pocketbook in her | left hand, Suddenly she felt tne pocketbook | snatched out of her hand and saw a young man Tun up the street. She aiso saw hit take the. money out of a pocketbook, put it in ms pocket” and throw the book into an areaway. Several per- sons standing around saw the robbery and pur- sued the thief, and he was finally arrested by OM- | cer Rigney, of the Ninth precinct. When brought | to the station house he gave his name as Henry C. | Nelson, or No, 211 First avenue. The prisoner was yesserday commited without ball, Bringing @ Robber to Light. Officer O'Neil, of the Ninth precinct, on Wednes- day night last arrested James, alias “Pug,” Kelly on the corner of Perry and Washington streets. Kelly, who is an oid offender, ts alleged to bave | | been implicated in tne robber, of Me Peka which occurred on the corner of Weat and Chal | ton streets about three moathaago. He was re- evidence, ae FIPTY-8EVENTH STREBE POLICH COURT. Highway Robbery, Before Judge Morgau, George Redfield, aged uincicen, was charged | with highway robbery by William Carrol, of | Fourth avenue and Sixty-seventh street. The aMdavit showed that Carroll was on his way home | on the night of the 30th ult. when he was attacked by the deiendant, who threw him down an em- bankment tn sixth street and then robbed | nim of $271n caso. Kedileld denied the charge but was heid for trial in default of $1,000 ball. Interesting to Gambicrs and Others. Frederick Myrtic, of No, 114 Second avenue, | stood at the bar charged with the larceny of man, whois better known around the coart as | large ian during the proceedings. | Judge Woodrum (sharply)—It must take the | ration. the property of William Wolienstein, of No. 117 | East Vilty-fith street. The latter young gentie- | it ag warranted, he could return 1% and recetve his money back. ‘Mr. Farreil did try the borse and had 1texamined by @: and discovered that his purchase was unsound. ased and of no ai He calied on Mo! horse and demanded his money. Mc! that he had no money at the time, but promised to return Mr, Farrell hia money within a week. Alter o @ number of times without and at last ba’ been told by Mel a he would not return the money, Farr went nefore Judge Ktlbreth at Essex Market Police Court and procured a warrant for the arrest of: McKnight on the ground that be was a common cheat. Tne warrant was placed in the hands of Officer Haas, of the court squad, who yesterday took McKnight tmto custedy. Judge Kilbreth com- mutted him in $1,500 to answer, COURT CALENDARS—THIS DAY. SUPREMB UVOURT—CIRCUIT—Paré 1.—Adjonrned for the term. Part 2—Held by Judge Brady.—Sbort causes,—Nos, 43]4, 4376, 3818, 4012, 4266, 4300, 8202, 4018, 8783, 8984, 3810%, 4078, 3736, 8738, 3636, 044, 4022, 2206, 8998, 3546, 3846, S108, 4840, 9006, 4310, 4382, 4030. Part 8—Hetd’ by Jadge Van Vorst.—Short causes,—Nos. 1945, 8661, 4017, 4341, 4123, 4257, 1183, 4047, 3993, ‘rel, 088 87T7, 3805, 8787, 8735, 4885, 3537, 8947, 3751, 3083, 4358, 3229, Id oy Judge 4091, 4258, 4031, SUPREME COURT—SPECIAL TERM—He! Van Brunt.—Nos. 280, 290, 301,314, 320, 325, 328, SUPREME COURT — CHAMBERS—Held by Judge Dononue.—Nos. 106, 289, 259, GENERAL SESsIonS—Held by Judge Sutherland.— Case on; The People vs. Saran #, Meyers, disor- derly house. BROOKLYN COURTS. EROOXLYN CITY COURT. Another Picture of Matrimonial Misery Unveiled. Before Judge Neilson. Yesterday motion for fees and alimony was made by counsel in the action brought vy George S. MacKenzie against Charlotte I. MacKenzie for di- vorce. Affidavits were presented in support of the motion, in which was set forth that the plain- tiff is doing a good business ss tea broker and dia not contribute to the support of the defendant. The men with whom the wife is alleged to have committed adultery also presented, through the counsel, aMdavits denying that they were ever guuty of any criminality with the defendant. It was charged, in afidavits read in behalf of the husband, that Mrs. MacKenzie was a person of violent and ungovernable temper, and addicted to the use of intoxicating liquor; that she has threat- ened his lite and the lives of their children, upon | one-occasion having chased him around the dining room and out into the street. He denics that he has been ty of any act of impurity with the ser- vant, Ann MeFrau, or any other woman, as was charged by his wife in the counter aifidavits, The servant gitl would swear that she was not guilty of any unchaste act, but that she has known de- fendant to be under the influence of liquor, and geen her act improperly with several men. The husband claims to be in embarrassed circum- stances, due in part to the reckless extravagance of nis wite, The Court took the papers and reserved the de- cision. The parties move in very respectable cir- cles of Brooklyn society. The caso will doubtless i co before a jury this month, as defendant so jestrea, THE SCANDAL. The Edna Dean Proctor Suit for $100,000 Damages Against Frank Moulton— The Case Called tor Trial in the United States Court—The “Mutual Friend’s” Legal Advisers and Their Misappre= hension as to the Jurisdiction of the Court=Trial Set Down for Wednesday Next. Before Judge Woodrum. The United States Court room, in the building corner of Montague ana Clinton streets, was crowded to repletion yesterday by a fashionable assemblage of gentiemen and ladies, The attrac- tion was found in the announcement that cause So. 6 on the Circuit Court calendar, would be called, and it was generally known that that nnmerical was the ke; great scandal case, the suit of Miss Edna Proctor, authoress, against Francis D. Moulton, merchant, the ex- “mutual friend” of the pastor of Plymouth chorch and Theodore Tilton, the tempest-tossed ex-editor of the Independent and Golden Age, The suitis a crvii one to recover the sum of $100,000 for having, ns alleged, cansed to be published in his “state- ment’ an aspersion upon the unblemished charac- ter and reputation of the plaintin. M188 PROCTOR ENTRRED THB COURT ROOM shortly before eleven o’clock, accompanied by her counsel, General Tracy, and took her seat within the inclosure near the door. She was accompa- nied also by several relatives. The complainant ta & brunette, tall and slight, She has dark, bright eyes, a rather pretty nfoush and well de- fined features. Her age may be in the vicinity of forty. She was very elegantly attired, wearing her hatr toupé. Her nat, which was of the turban style, was Diack velvet, rickly trimmed with an ostrich feather of the same sombre hue, lace and beads. The dress was black silk, trimmed deeply with velvet, a long cloak of the same material and canary colored kid gloves, Her ornaments were gold ana pearl, and she gracefully manipulated a PRANK MOULTON, THE DEPENDANT, looked well, despite the ordeal which he was to undergo, and conversed quietly with his counsel, ex-Judge Fullerton, by whose side he remained seated. Judge Woodrnif took his position on the bench at eleven o'clock and proceeded to dispose of the four cases which preceded the one in which the interest was centred. When he nally called the case of “Proctor vs, Moulton,” General ‘Tracy responded “Ready,” for the piaintim Ex-Judue fullerton replied that they were not ready, on the part of the defence. that the Court had jarisdiction in this case, agit did not appear tn the compiaint that the plaintif was @ citizen of this State. Judge WoodruMsatd be could notentertain a question of jurisdiction now, He was here to bear questions not of law but of tact and did not consider a guestion of that kiud in order, Ex-Judge Yulterton presumed that the question Of surisdiction was oné which was always in order. He beiteved it would be a saving of time to the court © consider it It needed but little con- sideration wo show that the complaint did not show tue righs of the plaintif to come here. Jvuage Woodraff then remarked, “Then you are not ready,” a Counsel ag that they were not prepared to go to trial jor that reason. He was ready to show that the question raised bas been frequently beard on ap and writ of error, and had supposed Lhe question would ve accepted by His Honor, AS it is, however, he was not ready, orcinary course, Ex-Judge fullerton said he was surprised, and would have, therefore, to ask the Court for wme to prepare afMidavics upon wiict to base & motion for pos:ponement. General Tracy said they objected to, avy post- ponement other than snificient time to prepare the amidavits, To which the counsel for defendant retorted, saying they had supposed the question would be heard, a8 it was according to the practice and nsage of the Court. ‘ney had made no prepa- The Court gave the defence until one o'clock to prepare the aifidavits, and then a majority of the Spectators quitted the court room, When the time had clapsed and the case was resumed ex- Judge Fiertou read the following APYIDAVET OF FRANCIS D. MOULTON. Rastorn DAstrict of New York, of Kings, City of was the only person presen! when the Match was } Made and he was epnoiniey stukavanes ay that, | Present: ; department are stapended. Eight tide-water cie- —TRIPLE SHEET.. ‘on me on the 4th of soon there- Ee a cs ey 1874, whe Severe or deteodant ee of complaint, Tt formed “ane ‘that gulag re ine what fama fae Se MSP Oe YA she had uo right to maintain ber clear my coun aes hase it ae taken, go ecemary t pr q CB, ‘etr Court fe enter. fain tne. (=| poe ntly fave made nO we erasios in the way of subpanaing fa) state I defence to this ao- a aufero, ae i'n sotermed by may counsel i ropa nautbe'S Witneacr a ete ae eine Bworn to before me this $d panels amber, 1e78 doanrm M. Puapsauiy 3 ic. af Ex-Jadge Fullerton then spoke in support of the aMdavita read, and doubted whother the Court would submit the defendant to the expense of eummoning witnesses and pi for trial when it is shown that it would be useless. He therefore moved to dismiss the complaint, General Tracy repited that the dalenoe Daa tated to show ground for the motion to dismiss, The allegation was true-in regard to the error of aver- Ment of residence tnskead of pineal. He had astention to the fact by let- counsel's fatiure ¢o ‘woul be jaint in the matter of aver- ment.of residence instead of citizenship. In cour- wy Bove ae errata Aestes bye vatth DP . He would go her and say that, he even doubted that an averment of residence 1s not equal to ay Bees of sitieeneee pt ie nat ne- cessary to aver particu! was, the question raised was merely technical and torms Oo part of am excuse for the counsel coming into court without making any preparation whatever jor trial, The quea! should bave been raised in demurrer, it at all, Mr. Tracy cited an authority in support of his argument. Ex-Judge Fullerton said it was of no moment whether or no the counsel for plaintiff! informed them that they were ready. That could not alter Uheir position, as the want of jurisdiction would stiilextst Tne complaint has not been amended, and go long as there exists an ullegation that the [oc haat @ citizen of any other State than New ‘ork it could nosbe brought before the Court in any shape. a QuRerIoN. General draor roberesed hig assertion that the objection was ppg one and they were Teady, to which g counsel retorted, saying it Was not where the jurisdiction is questioned. On their they had relied upon the question, and for that reagon had not made the preparation whion it is necessary to Make. Judge Woodruff saw no reason, the argu- ments or afiday! to change the objection w dismiss the cam| The jury was empanelled and Screneenine oe to proceed, and it was not for the C vo inquire whether the com- plains was defective or otherwise. objection on the ground of jurisdiction of the Oourt, because the counsel had used the word “resident”? instead ol “citizen,” was DOs weil taken; but, in view of the fact that defendant jailed to prepare for trial because of tire advice of his counsel, the Court would accord him a suMctent time. The case was thereiore declared adjourned until Wednesday 4 5 General Tracy then moved to amend the com- piaint by inserting the word “citizen” for “rest- lent.” He aaid they were anxious to have the trial proceed this term, agshe District Judge did Dot like to try this cause. Ex-Judge lierton iQ that they contended that His Honor had the jurisdictton even for amendment. The Court took the order to amend despite the objection. Mr. Fallerton then asked that a copy Of the complaint be meserted in the order, the Court sharply retorted that it was quite unnecessary to dO 80, a8 it Was not customary in United States Courts, Ex-Jadge Fullerton then said that he wanted to ‘prove that the plaintiff is nota citizen of Massa- chusetts, but ts a citizen of New York, where sho has resided for many years. The Court satd leave wonld be granted the de- fendant to amend his answer on or before Monday x COURT OF APPEALS, ALBANY, Dec. 3, 1874. No, 91, Chartes F. Haley, appellant, va, Henry | G. Schmidt et al, responaent.—Argument re- sumed this morning and concluded. No. 92 Benry D, Shelton, respondent, va. The Merchant’s Despatch and Transportation Com- pany, appellant.—argued by Hamilton Cole, of counsel for appellant, and by W. HB, Arnoup, for respondent, No, 96. Sigismund Hofnetmer at al., respondent, vs, Patrick Campbeil, late Sheriff, &c., appellant.— by Samuel Hand, of counsel for appellant, ana ba gs P. Barnard, for respondent, ote peered feare Pell a ne vs. Dantel — ley, appellan ed by N. O. 0 counsel tor appellant, and by D, P. Barnard, for respondent, ‘0, 39, Peter N. Decker, Sppettant, va. Phoebe R. and Prank F. Saltsman, iministratora, &c., respondents, —Argued by i Ballard, as counsel for appellant, and by M. M. Walsers, for respond- ents. Case stif on. Proclamation made and Court adjourned to Friday, December 4, at ten o’ciock A. Calendar. ALBANY, Dec. 8, 1874, Court of Appeals day calendar for Friaay, De- cember 4—Nos, 88, 42, 87, 107, 108, 110, 111, Lia, THE FIRE UNDERWRITERS, ‘What the Special Committee Upam Chi- cago Report. A special committee, consisting of Messrs. H. A. Oakley, Stephen Croweil, Lucius J. Hendee, | George L. Chase and William H. Ross were ap- pointed by the Executive Committee of the Na- tional Board of Fire Underwriters to visit Chicago and tnquire into the state of its water supply, Fire | Department, &c., with the view to ascertain | ‘whether it would be prudent to again insure prop- erty there. The committee arrived in Chicago on | the 20th of November and left on the 27th of that month, The report goes on to say:— The committee pursued their labors diligently, meeting at various times with the Mayor of the city, the Board of Public Works, the Board of Fo- hee and Fire Commissicners, the Citizens’ Asso- ciation and @ large number of merohauts and others interested in property in the city of Ohi- cago, and the result of their observations they now FIRE LIMITS. An ordinance fixing the fire limita of the city co-extensive with the corporate limits, was passe: tne Council, at its regniar meeting on the 2ist | of September, 1674, is now in full force and | effect, Your committee have she assurance of the Mayor, and others charged with 1ta enforcement, ‘that the same is now being and will hereaiter be strictly eniorced. WATER SUPPLY, | ‘The careful examination given by your commit- tee shows that much attention has been given to | tots subject, both by the authorities and citizens. ‘This departm bela under the charge of the Board of Public Works, that body has shown com- mendable zeal tp carrying out to the fullextent of thelr ability a complete system of water works. The new tunnel, which is seven feet in diameter, | 1s now completed, ft extends from the crib, mm nearly a parallel line with the old tan- mel, to the shore, and from thence through the city @ distance four miles in a southwesterly direction, having its terminus at Tweuty-second street and Ashland avenue, in the midst of the They denied | lumber district, At this terminus it is proposed | ® S 3 2 2 y to erect pressure engines for equalizing ure throughout the entire city. These engines ' are now being built in the city of New York, but cannot be made ready for use nntil the fail of 1875. One valuable feature tn connection with this tunnel ts the introduction of what are termed “fire shafts,” in which the water rises to 8 level with the lake, which can be made avaliable for supplying the engines, either by the use of the suction pipes of the steamers. or, better stili— ‘which your committee urge—by suction aydrants gn a level with the streets. ‘These shafts are six- teen im numbers. It 1s expected that the system of water circuits will be compieted before the close of 1875, and if carried ogt on the plan ex- ptammed to your committee, and of which there Seems to be no reasonable doubt, will afford a full, reliable and adequate supply for both fire and Gomestic purposes, VIRB DEPARTMENT. The only change made in this department #tnce the July fire is she addition of four engines of the Stisby pattern (rotary); twe of these are stores, there being neither nouses or co! tor them, Gored and two hows oarrages eapable of bolding ered, and two capable 1,000 feet of hose each. The complement of hose to an engine is from 600 to 800 feet, the used being mostly leather riveted. A farther amount Of bose has been ordered, say 10,000 feet, one-half of which will be delivered before January 1. The | ase of leather bose in & qty where the te ra. | tare 18 a8 low ag that of cago in winter is, to your coramittee, of doubtful expediency, The important recommendations of Generai Shaler for the reorganization and increase of the terns, placed at the head of slips, and with @ con- stant supply of water, have been added, jo covers nearly half as much in territory aa the city of New York, with the ition of being sur- rounded, on two sides at least, with very danger- ous locanties, dimoult of and yet, to our voktyn, —Francls D. Moulton, being duly sworn, th depot and say ag foliuws —1 am the deiondant im me wboxk enKled action: te comuisint was sary officers and men. Ab “ delence of 41 steamers, 18 tracks and 6c! 1 | his congregation. engines, in all 65 companies, with a force of 700 | malice, and claims eunarea Andy 4p | @ tron, sit sane enable the department to cope prom: tl} with aire in the extensive Deas and woodcn ties. FIRE TELEGRAPH. ‘The fall information obtained and examination, given commitcee to this important branch! Siar le ‘ne "The" american,” or “Gamewell’e"—the bes known; the boxes weed are of the automatio pat~ Of these tuere are 275 street boxes now UP, % twenty-five to a circuit, of whtch there, are. twelve; 200. additional poxge have been OF dered by tbe Common Council, and will be-e! atonce, A wer eecetn the: more importaue meee. pages in use will be BUILDING LAW. hands of Some tet t "Peart disa dent unde: the care of the “Gidizene asspeistion. Having! iven this law & very careru! examination, Ind it @ Very Marked improvement upon the one duty toetate that ‘iron ‘suscters have pees placed ato eee shatters have been pla or ner has grasa tae! ownel ve orde! Cy they ar€' tobe erected as cheo=taia B hopeful sign, FIRE MARSHALS BUREAU. Nothing has been done toward the establish< ment of this Bureat, the Police and ire Comumis-! sioners having taken the investigation into the origin of fires into their own hands, With thd burdens already resting upon this Board, wi have little hope of its duties being thorou; performed, 2 We found little or noting done in thts direction, or no except the sinking of the cist ‘etofo! Teierred to, On the completion: of iter SYS! tem next year more ampie means Will be a able; but the exposure remains ag Ne noating engines have as yet been provided for-as upon the river and ‘ake fronts. Your co! urges the utilization of the river tags tn this nection. ‘The committee cannot close their report with: adverting to the very great zeal and tnteill, shown by she. Citasenet Association in their to secure to their city all the needful pre that will prevent a renowal of as ae col tions of 1871 and 1874. This aston there shall be no relaxation of effort on their par’ to eset pen! the desired result; they stand . to second any of our suggestions. CHAMBER OF COMMERCE. The Business Mecting—Reports of Va= rious Outstanding Committees and Concerning Harbor Obstructions, The regular monthly meeting of the Chamber of Commerce was held yesterday at their rooms, Appropriate action was taken respecting the recent sudden demtse of Mayor Havemeyer, Mr. Buggles reported progress on the part of tha Committee on the Erie Canal, Mesara, EMiott FP. Shepard, James W. Elwell and: Joseph Seligman were appointed # special com: mitvee to report such amendments to the Arbitra~ tion act as may be deemed desirable. The Secretary, on behalf of the committee ap~ a option of a SE HORT Rae Sn Senses ot vere following was sisocubmttted:— Report of the committee appointed, by the Chamber of Commerce to Ute a 1e f iclency of the powers, bd the Pot and Harbor ers to Beers depre+ ations upon the waters of the harbor of New York. To Tae MBER OF COMMERCE :— gS Ba eg o amber vO8 e ni Sowersot the Pitot and Harbor Commissioners’ to pr. vent depredations por the waters ofthe barvar-of New York,” respectiully report— ‘that the act to estattish H grkeseke Lar warnaien Sie end . bo ‘perm Soard of aay steamboat of throw ined ther waters: Creek, the mn Biver, or below Throgx' and inmade vetsreng Hook, sny cinders or ashes fr sach steammbost, 82d also any 01 ballast, rubbish, ashes or crnders into the waters of an. dock or slip or the harvor of the porvof New York ; an further, prohibits the throwing or putting of ston earth, shavings, nightsoil, dirt or rul into any-di ors These prohibitions are accompanted certafn fines- recoverable by the Board of Ee ithoeat ocvataenioaret ‘That, notwithstanding these statatory pronibiti th were conmequsuce to commerce and ty ihe tty, such vital consequence to co ry exposed to constant Injury from the Bas K of ashes sal rae celeriac eect the dropping and throwi 1 tue from vemale Of all kinds, the du care! Lh loading of garbage, material, en ‘negligence or ae the port of NewYork, below. Spuytan i ew Yor ayy! oD BF ude 4) Pond the numerous other methods in which fish indifference operate to the public detriment, ai that the failure of tue existing laws these in- ures seoms to your eommttise, a bazable tu part a least, to the lack of an effective force at the command the Commissioners tor the daty of watching against vio~ Jations of the law over so large a oy as and shores of the harbor. and to the slow and costly pro« ess of enforcing. the penaltics when violations are dis covered. Your committee are of opinton thes the subject do« mands the careful consideration of the Chamber with view to more efficient measures for protecting the ‘hart bor. ‘To supply to the Commissioners & separate executive, force adequate to such protection may, perhaps, be re- garded as entailing an expense whiten the Uity Treasury! cannot now be burdened with. But the law may be sa amended as to secure & specdter and more inexpensiva, enforcement of penalties and to thereby vender viola< tons more hazardous and less trequent. And legisiation inay provide for harmontous action off the several departments, and especially can charge the, police and other officiais with the duty of aiding in the prevention and detection of violations of the law. Your committee further recommend that the Presi-« dent of the Chamber be authorized $3 confer with the Mayor of the city and sach other lic authorities he nay deem expedient with a view to sach legisiatt secure the harm: action of the Police Depars- further in« ity er fament a 1a especially of sity go nt and espe poet in the protection of the hacbor Jury. JOHN D. JONKS GEORGE OPD foommicte, Dxcemssk 2, 1874, NEW MEMBERS, Tne following new members were elected:— Bernard L. Ackerman, Wiliam H. Appieton, ames S$. Barron, John 8. Beecher, George Brown, Wal- dron P. Brown, Brent S. H. Good, Onaries C. Kross, Francis H. Leggett, Charles McK. Loeser, Johannes Lienau, Angelo L. Myers, Francis F. Osborn, Jamea Fr. Pendergast, Charies ¥. Pierson, Richard @, Rade way, George Hi. Robinson, Robert H. Roundtree, Edward R, Satterlee, Henry G. Schmidt, Timothy Stevens, William W. Thomas, L. E. Thurber, Li son Valentine, Louis Windmuller, Charles Wreaks. RAPID TRANSIT FOR STATEN ISLAND, A Common Sense Scheme To Be at Once Carried Out. On the 9th of June, 1873, the Legislature of the State of New York passed an act incorporating the Tubular Transit Company, Of Staten Island, with Colonel Drake De Kay and others as incor- porators, the business of which company was stated in the act to be the construction, mainten- ance and operation of a tunnel or tunnels under the bed of the waters of the Kill Von Kull or Staten Island Sound, between the Staten Isiand and the New Jersey shores, at such @ depth as not to interfere with navigation. The act was amenaed on the 20th February of the present year, 80 as to compet the corporation within tnree years to com~- plete tts organization and have not less than aifty | ber cent of its capital paid in, and within two: years thereafter to Lave completed and in opera- | tion at least one of the proposed tunnels—the original act in default to be null end void. The greatest dimeuity thns far encountered wita Colo- | hel De Kay and his coadjutors in the scheme has been in Pig je 8 and (darted ci fw uw re ths, ho aner considerable effort, was. This, however, eilected at the last session of that body, at woich an act was passed, entitled “An act for lief of fhe Tubular ‘Transit. Company of Stacen, Istand,” approved on the 10th of March last by Governor Parker. hear mf surveys: have already been made by Major O, Delafield, and upon his spectications, verified Mr. Alban O.. Stimers, civil engineer, & proposal has been. made by one of the wealthiest iron manufacturing estab- lishments in the country to construct the first tunnel at their own risk. It is proposed, by means. of the tannei, to connect Staten Island directly with the great railroad systems crossing New Jer- sey, and then eventuaily to make more available and valuable het extensive water iront, and con- sequently increase tne value of her real estate. sy the terms of the charter the company are not allowed to realize u net profit of more than twelve per cent on travel and transportation of fre! ht, aod during the construction of the works the; may run a ferry. The capital stock is fixed at $300,000, divided into suares of $100 cach, It is understood that work upon the first tunnel is soon to be commenced. A NEWARK CLERGYMAN OHARGED WITH LIBEL, Rev. Mr. Reib, pastor of the German Lutheran churct of Newark, (s im trouble, He has been arrested and held to bail in $1,000 to appear before the Grand Jury, to answer a charge of criminal libel which Mr. Max Wolf alleges to have been subjected to by him. It appears Max was jormerly leader of the German Parochial School, and that the Rev. Mr. Keib wrote @ letter to the Rev. Mr. Weinisch, pastor of the German Reformed church of West Newark, where Woif wae teaching a school, charging the latter with acts ol gross immorality and stating that Wolf had acknowl- edged bis crime and pegged for mercy. The letter farther states that Wol! had proved himsell guilty Of offences the naming of which would prevent him from pursuing is vocation as @ teacher, and calis him @ terrible monster, Worl, through his cyunsel, claims that malice promptea the writing Of the letter, which was read by Mr, Wemsch to The deiendant denies any the statements in the letter