The New York Herald Newspaper, December 8, 1874, Page 13

THE COURTS. | Sunday Amusements—Neuendorff and the Police Commissioners. THE ST, PAUL AND PACIFIC RAILROAD, The City Marshals—Action of the Marine Court Sustained. THE FOUNDLING ASYLUM’S BOQKS. Yesterday Patrick Connors and Michael Gal- lagher were brought before Commissioner Shields charged with smuggling a large quantity of cigars om board the steamer Crescent City, from Cuba. Phey were held tn default of $1,000 vail each. David 8. Harris, a Custom House officer, was yesterday brought before Commissioner Shields on ® charge of having accepted a sum of money to ipfuence his oMicial action as such Custom Heuse officer in facilitating the transmission of emug- Giled gooas. He was discharged on entering into $5,000 bail to answer. Suits have been commenced tn the United States Pireult Court by Mark M. Stanfield, Philip H. Wentworth, James T. Leavitt, Dymon B, Jewell and Joho S, Melcher vs, Samuel.R. Harlow, as Col- lector of Internal Revenue for the Fourvh Collec- Won district of this city, to recover in all about $18,462, ag an alleged excess on sale of goods in ‘Xcess OF $50,000 for the year 1870. This tax was bmposed on the plaintifs im accordance with the thrtieth section of the act of June, 1864. The piaintiffs set up that they sold the goods mm ques- Mon as agents for manufacturing companies and Mot for themseives, and that for this reason they @o not come within the provisions of the law al. juded to. The detendant fills at present the office of United States Marshal in the Eastern District, at Brooklyn. In the United Statea District Court yesterday Judge Blatchiord rendered a decision in the matter bf James Biglan, owner of the barge Hudson River, fhe varge itbelied the steam tug Nellle to recover flamages on account o/ a lighter towed by the tug toliiding with the barge through the negligence of the officers of the tug. A decree isentered for the libellant, with the usual reference to a commis- Moner to ascertain tue damages, SUNDAY AMUSEMENTS. ‘The case of Adolph Neuendorff vs. the Police Dommissionéra was heard yesterday before Chief Justice Daly, holding Special Term of the Court of Common Pleas, The plaintiff sued the Police Commissioners for damages and an injunction, because they inter- fere with his Stadt Theatre performances on Sun- @ay night. The Corporation Counsel answered, detting up the Sunday law of 1860. To this the plains demurred, and upon all the issues as well a8 upon the dissolution of the injunction the whole Vadject matter came up for consideration. To a great extent the arguments were almost tden- Meal with those hitherto lad in. the Strakosch pase, before Judge Donohue, who has not yet ren- flered bis deciaion. Mr. Ubaries Wenle for the plaintiff particularly tlaimed the act of 1860 to be unconstitutional, be- fanse the prohioition of Sunday dramas was not Qnnounced in the title of the act. This was a new question not examinea by Judge Murray Hoffman im the Hoyne case the December following tue original enactment, uor by Judges Satherland aud 4llén in toe February ensuing. ‘They only passed. on the constituuonality of tue law a3 inleriering with toe property of theatre managers, aud as being matter of police reg ulativu on punuay. Mr, Vakey Hail, on the otner side, aud employed by the Corporation Counsel, contended that In the above cited cases the Juages had up- held the Sunday law because it contributed to be order and peace by luting theatrical ex- ubitions to week days, aud hence the title, “An act to preserve tue puviic peace and order on Bunday.” Besides. although the act is local, its Buvject 1s fairly and reasonably announced, and the ject of the Whole uct was a single on This is the language oi the Court of Appeais in the Mayer case (50 N. Y., Keports). ‘The Court adas, “if the various points o: an act have respect or relate to 1ts one subject the constitu. tional mandate 1s complied wich and the degree of tue relauionship Ol each provision i3 nut material ii it legitimate tends to the accomplisument of the general purpose.” The learned counsel on both sides seewed to refrain from touching the in- teresting questious of pubiic poucy embraced in the act, and relied upon the legai and constitu- tional aspects of the cases Mr. Hall expressly ar- ued that all Other aspects were cut off yy the mandate of the Legislature. He might, if on Assemblyman, take a dif- ferent view irom that he was compelled to Argue as counsel under the Lindenmuller decision. Ui the law was in force it ougnt to be obeyed. litt Was against the aggregate of public opinion then tue only sion Opened was oue of modification. the majority o1 the theatre managers ‘Wel inst Sunday evening periormances, His friends and clients, Messrs. Wallack and Boudl- Sault, bad both petitioned for an enforcement of the law. Lf one theatre opened all must, And thus no rest be allowed to performers whose Saturdays were doubly eavy in work. The law of the courts remained ag an- bounced by the Court in the Lindenmuller case— ¥iz., ‘In the State of New York Sunday exists asa fay of rest by the common law without the ne- tensity of bapa action to establish it, and all $hat the Legisiature attempts to do in the Sunday ‘aw ts to regulate its observance.” Accordingly the Legislature have interdictea certain vusi- esses ANG amusements, but allowed others to be ee and péermussivie, The real concert was not omibited; but the sceni a property represen- $100 of pi: were. The law might Unwise, bot the Courts had said the Legi had @ right todeal with Sunday asit tare @one. The Court reserved its decision. THE ST, PAUL AND PACIFIC RAIL- BROAD. Weetjen and others, of Amsterdam, took $7,000,000 of the bonds of She St Paul and Pacific Raliroad. a quantity of iron was bought with part of their money In Engiand. The iron was shippea to this country, assigned toa member of the firm bf Jay Uooke & Co., and stored with Woodward & Robinson and others, and one of the members of the same firm transierred the warenouse receipts to Couke, McUulloch & Co., of London, This was belore Jay Cooke & Co. tailed, Weetjen and others brought suit for themselves and on the part of others to whom they had sola the bonds to nave the iron seized, on the ground thas it was included in the mortgage o/ the St, Paul and Pacific Railroad, 1t appeared trom one DI the affidavits that after day Cooke & Co. nad Jailed, in order to secure the navy deposits to the house of Cooke, Mcvulioch & Co., of London, who have not failed, a large portion of this iron was pledged to the Secretary of the Navy. On @ Motion befare yodge Lawrence to continue a temporary injunction granted plaintiits, was urged for the deience that other Parties should be brougnt in, and that the holders Df the tron were innocent holders, Judge Law- fence rendered the tollowing decision yesterday i the preliminary tujunction granted im this CA should be dissolved, and it should be finally deter- Mived on the trial of the actton that the plaintifts entitied to the relie! demanded, | think it quite pparent that a great, and provabiy irreparaole, iry Would ensue to the plaintifls, Tne quesuons Of jact are too grave to be disposed of on # mere Motion, and the most just disposition of the case Is to Continue she injunction until the trial. CASE OF THE CITY MARSHALS. ‘The case of Marshal Joseph Phillips, who was tmprisoned for contempt last Thursday by order bi Judge Spaulding, of the Marine Court, for a dis- Obedience of a ruie of that Court ia undertaking %o enforce an execution upon one of tts judg. Mente, came up yesteraay before Judge Barrett, ln the Court of Oyer aud Terminer, upon the mar- Sna)’s application to be released upon writ of habeas corpus, Judge Barrett sent the matter betore Judge Davis, presiding at Chambers of the Bupreme Court, who heard the argument. ‘The city marshals detailed to do duty in the Marine Court by the late Mayor Havemeyer united . to contest the legality of the rule recently aaopted dy the Marine Court judges, which provides that all processes iasued out of thay Court, excepting Orders of arrest and attachments against non- Fesidents, must be directed to and executed by the Sherif and they became interested in com- mon in the case ot Maret Phillips to make tt a test WwW. Ww. bankers, NEWYORK. HERALD, TUESDAY, DECEMBER 8, 1874—QUADRUPLE SHEET, while Messrs. Brown, Hall & Vi peared on behalf of the Sherif, and to the writ of eas corpus setting forth the commitment. Mr. Breen entered a formal demurrer to the return, and stated that he and Nis associate counsel were ready to proceed with the argument on the issue, Ex-Judge C Said, in the course of his argum that the shals were empowered ta ex te ali proce: issuing out of the Marine Court by the act of 186. that the act of 1872 in reia'ion to the Murine Court did not divest tiem of this power, and that the rule of the Marine Court judges pretending to take away this ; ower of the marshals to execute rocess was utterly void. He contended that arshal Puillips, in enforcing the execution of the judgment thus issued out of the Marine Court mn no way exceeded lis powers aga city marshal, and was only doing Nis duty m the premises ac- cording to law, votwithstandipg the rule of the Marine Court, Counsel tierefore urged the imme- diate discharge of his client as one unlawtuily re- sirained of tus liberty. Judge Davis de lengthy opinion, saying, finally, Unat by the act o! 1872 referred co, when & judgment of the Mariue Cours was doc County Clerk’s office, 1t must be enforced inthe same tuanner as a judgmeut of the Court of Com- mon Pleas, and that could be done by the Sbherur only. Entertaining this view, he directed that the prisoner be remanded. ‘This, of course, is uot Satisiactory to the wiarsuals, It is claimed by them that When a judgment is recorded in the Ma- rine Court and not docketed in the County Clerk’s oilice, under the decision of Judge Davis, the right to enforce an execution in a att ment had in the Marine Court remains unimpaire THE FOUNDLING ASYLUM. A motion was recently made in adivorce suit between Wm. F. Morgan and Caroline 8. Morgan for an order to compel the Sisters of Charity in charge of the New York Foundling Asylum to pro- duce the books of the society for examination, jor the purpose of estabiishing the fact of an illegit imate child having been born of tue defendant in the case and placed in the asyium. The opposition to the application was that the officers could not be compelled to produce the books. Judge Robin- son yesterday in Common Pieas denied the motion, and in his opinion, he says, as to tue books of @ corporation not a party to the action, nosuch power of enforcing an examinauon or production of them on trial between other parties 13 fivens, nor Can its agents or officers, in their individual capacities, be compelied to discover or roduce the books Oo! 8 corporation over which they have not the apsolute control and right of disposi- von, BUSINESS IN THE OTHER COURTS. SUPREME QOURT—OHAMBERS. The Cross Town Ruilroad Injunction. Betore Judge Donohne. In this suit, the particulars of which have been already published in the HERALD, yudge Donohue yesterday renderea the following decis- fon:—The plaintifis ask to restrain the defendants from running the road of the latter to the west ap- le return ed in the of the line that they pass from West street to the foot of Christopher street, The defendants claim that under their charter they have the right to go down West street, irom West street to Christopher and then turn their track to the west on a temporary street to the ierry at the end of it. It seems to me that ou any reading Of the Corporation charters thay I gan arrive at the Legisiature never intended to let the defendants pass to the west or where they are on West street. No fair reading of their charter would permit the bringing ot their road to the west of the road at the oot of Christopher street. To strengthen thia view there ure many covSiderations, among others, when the Legislature Wanted to give such a privi- lege, asin tue pluintid’s charter they used the proper words, aud at the same time the defeud- ant’s charter was passed there Was no such place torun to ar the dejendants hereglaim tue right togoto. The argument that theVity map recog. nized the right O/ the. city to fil! in up t@ xn outer line and make new tracks does not permtt us to | infer that, when made, acorporation created before vhe tiling up could occupy tt, To hold any such construction would be dangerous. Motion granted, Decisions. By Judge Lawrence. Weetjen et al. vs. St. Paul and Pacifico Railroad Company et al.—Motion granted, with $10 costs. (Memorandum.,) Marter of Gallagher.—The points on behalf of the Trust Company must ve handed in beiore the 10th inst., or the case Will then be disposed ol. Murphy vs. Gamibie.—Granted. By Judge Dononue. Porous Plaster vompany vs. Day.—Motion granted. (Opimon, Christopher and Tenth Street Railroagd Company ys, Central Crosstown Railroad Company.—Motion granted. Pentield vs, James.—Memorandum, Hilchen vs. Hilchen.—Reerence ordered. Wolt vs, Woli.—Decree of divorce granted to the plarn tit, é kKeal Estate Trust Company vs. Keech et al— Memorandum. Maiter of the Petition of Bainbridge et al.—Mo- fon granted, SUPREME COURT—CIROUIT—PART 2 By Judge Van Brunt, Mills vs. Hildreth et al,—Case settled, SUPERIOR COURT—SPEOIAL TERM. Decisions. By Juage Friedman. Tribune Association vs. Smith.—See memoran- gum tor counsel. Trufert vs. Merrill.—Motion dented, with leave to renew on payment of $10 costs, Gittis vs. Gittis,—Application denied, Alexander vs, Alexander.—Deiendant’s motion for leave to amend answer by striking oat “prayer Jor affirmative reltet,”’ granted, Marine National Bank vs. National City Bank.— Motion denied, with $10 costs. Wildmont va. Meserole.—Findings of fact and conclusions of law, settled and file OOURT OF COMMON PLEAS—GENERAL TERM. The Market Cleaners. Before Judges J. P, Daly, Loew ana J, F. Daly. AD appropriation of $30,000 was made in 1870 for cleaning .be markets, and in December Phineas H. Kingsland, sesignoe of a number o! the cleaners, brought sult and got judgment against the city for $11,763 85, the Court overruling the Gefence that only $513 48 of the appropriation re- mained, Tita a Oe to the General Term, Common degision was rendered yesterday, Judge J FB. Daly giving the opinion. The Court deci that peo- eril a8 10 ple dealing with the city ao ao at their he employment being lawful and whether there Was an Oppropriation to pay them; d by this rule effect is given to the provision city (rom extravagance by its age should be acted upon, especially in this case, where the poor people guifertug iosa have, ne believes, an action against these agents. Judgment was therefore reversed, but 9 new trial was ordered, as the plaintiffs might ve able to show that there Was no prior Claim on the $513 48, The Hackley Contract Broken, Under the tax ievy of 1860, authorizing a con- tract for cleaning the streets of the city, the con- vract was given to Mr. Hackley tor five years, Very soon after Mr. Hackley assigned it 10 Charies Deviin-and others. The payment. was regularly made until 1862, when there was an outcry made in the papers about the state of the streets, a d the city broke the contract on the ground tha ut Was Not {uifilled. Charles Devlin and his associ- ates then bronght suit and got judgment against the city for over $400,000. The city appeaied to Gen- eral Term of the Common Pieas Court, and yester- Gay the decision was rendered, Juage Joseph F, Daly giving the opinion. The decision is to this el lect:—The contract was void {rom the beginning, ver the act authorizing tne contract violates the rule against having two subjects in & local act (decision in Hubner’s case), and that, without it being stated ‘in the title, the ‘act alters the mode of awarding contracts (O'Brien's case), Moreover, in this case, a contract of such importance was not given to the lowest bidder, and to all appearance on @ bribe of $40,000. The Court iurther holas that in 9 matter like this, al- lecting the health of the community, there was an implied discretion in awarding the contract, in reierence to the character and ability of the par- ties; the Charter Jorbids making contracts with Dersons indebted to the city, and tnis provision Wouid be annuiled if such latitude as to making assignments was allowed. Judgment was there. co Ls bg a, and judgment absointe rendered for je city. . Decisions, Yenni et sl vs. Ocean National Bank.—Judg- Bert aMrmed, with costa, Opinion by Judge C, & alg. Ufayton vs. Reid et al.—Judgment reversea; new ‘rial ordered; costs to abide the event, Opinion by Judge C. P. Daly. Bronk, ddminisirairix, &c., vs, New York and New Haven Katlroad Company. —Judgment re- versed; new trial ordered; costs to abide the event, Opiuton by Judge U. P. Daly, Slater et al. vs. Merserecan.—Judgment aMrmed, subject to correction mentioned im opinion. Opinion by Judge C. P. Daiy. eezon vs. The Mayor, &c.—Judgment amrmed, With costs. Opinion by Judge vu. P. Daly. Deviin vs, The Mayor, &c.—Judgment reversed, and judgment absolute for vetendants, The May or, &c, Opinion by Juage J. F. hie Kingsland vs. ‘fue Mayor, &c.—Judgment re- versed, tew trial Ordered,’ cosis to abiae the event, Opinion by rues J. F, Daly. Baxter vs. West.—Judgment reduced to a judg. ment simply for delenaant and adirmed. Opinion by Judge U. P. Duy. Altman vs, egg oe Pie Sage afirmed, witn costs. Opinion by Judge o. P. Daly. Andes Ii ‘ance Company ve. Loehr.—Judg- ate iuion by da pregreg hd to avide fe J. 2 a aaron dyad ty aciriied, Op ot by dudge Loew. Dissenting by Judge J. F. aly. Day vs. Pitts.Judgment reversed, with costs, Opinion by Judge Loew, Pitts —Judgment aM@rmed, Opinion by Judge Loe Hochster . Barruck.—Judgment reversed, With costs. Opinion by Judge J. F, Daly. MeCaMli vs, Barnett.—Judgment affirmed sub- #5} to deduction specified in opinion, Opinion vy udge J. F, Daly, Dunn vs. Merserole et al.—Order appealed from reversed with costs, Opinion by Judwe J. F. Daty. Hall vs, Schuctiman.—Judgment affirmed with costs. Opinion by Judge J. F. Daly. COMMON PLEAS—SPECIAL TERM, Decisions. By Juage Larremore. Merwin vs, Werel.—Ler counsel attend before Me, December 9, at huil-past ten A. M. Maumaun vs. Ryun.—Motion denied, without costs. Haas vs, Slmpson.—See memorandum, By Judge Robinson. organ va. Morgan.—Motion denied, with $10 On| c MARINE COURT—OHAMBERS, Decisions. By Judge McAgam. Martin vs, Suckou.—Judgment for plaintif® on demurrer. Reilly vs. Johnston.—Moton granted on payment Of $10 costs, Kaurth va. Diers.—Motion denied. (See memor- andum.) i BhOEteL va. Wallace.—Motion granted without costs. Sprossen vs, Lackenmyer.—Motion dented. O'Donnell va, Meile.—Motion dened, as per or- der filed, Popham ys, Starr.— (See opinion filed.) slccovicn vs. Doliorse.—Marshul’s lees taxed at Greer vs. Taylor.—Motion granted unless plain- tio serve complainant within five days and pays costs, Greenebaum vs. Cohen.—Motion granted on pay- ment ol $15 costs, Ewest vs. Heima.—Motion granted on payment of $20 costs within four days, Price vs. Conen,—Motion granted. Koch vs, Cameron.—Motion granted condition- ally. (See papers.) . Batger vs. Murphy.—Motion granted without costs. Comstock.—Motion granted on Pinkney vs, terns stated in oraer filed. Schener vs, Goidstein.—Motion granted condl- tionaily. (See papers.) Powers vs. Phelps.—Motion granted as per order led, Cohen vs, Hickling.—Motion denied, (See 13 Abb., 180.) Montegrifo vs. Parlicoll.—Motion to vacate de- aled. Bail reduced tu $150. Morette vs, Hirsch,—Motion granted as per order filed, Lucas vs. Case.—Motion granted on payment of $15 costs allowed in order, ie Judge Spaulding. Gill vs. Boyd; MeDouald vs, Davis; Artman vs. Mendle ; Rutherford vs. Andrews; Foster vs. Drew}; Shumway vs, Wice; Cluett vs. Merchanta’ Collar Company; Lamson vs. Frieiander; Root Steam Engine Company vs, Post, J1.—Motions to advance causes granted, Carpenter vs, Atherton.—Compiaint dismissed, With $10 costs, Keeler vs. Foote,—Justification of sureties dis- missed. Korzansky vs. Loremore.—Motion granted. Conklin vs, Appleton.—Motion denied, pare vs. Rosset.—Motion granted, with $5 costs. East New York Boot and Sboe Manufacturing Company vs. D. E.Mide ; Klin vs, Paltz.—Motions dented. ns Henry va. Waldron.—Motion granted, COURT OF GENERAL SESsI0Ns, Before Recorder Hackett, The December term of thia court opened yester- day, His Honor the Recorder presiding. The Grand Jury were empanelied and sworn, Mr. Sinclair Toucey etl § been chosen to act as fore- man, After a brie: charge by the Recorder, in Which he clearly defined their duties, the Graud Jurors proceeded to their room ana entered upon the discharge ol their duties, A Colored Girl Sentenced to Ten Years for Arson. Mary E. Howard, a young colored girl, pleaded guilty to arson in the second degree. Tne charge was that on the 21st o! November she wilfully set fre toa tenement house on the southeast corner of Kighty-seventh street and avenue A, ‘rhe Recorder, in passing sentence, said that the crime Was au atrocious one, aud that, had it not been jor the iact that the fire was promptly ex- tUnguished, @ number of famiiles would have tost their lives. ‘Ihe prisoner was sentenced to toe Pentventiary tor ten years, Burglary. Waters F. Mead pleaded guilty to an attempt at burglary in the third degree, the allegation being that on the 13th of November he broke into the store of Charles Grabosky. No property was taken. Mead was sent to the State Prison tor two Years and six months. . z Acquittals. John Anton, a Spauisb negro, was tried upon a charge of felonious assault, the complainant, Jeremiah Clifford, a iongshoreman, swearing that as he was conducting a drunken man home along Front street, on the evening of the 1éth of Novem- ber, the latter staggered against the prisoner, whereupon he drew a kpi/e and stabbed him (Clif. ford) in the abaomen. ‘The prisoner told his story 1p such & irauk way—the substauce of which was that the compiginant and two of his friends at- tacked and attempted to rob him—that the jury rendered a verdict of not guilty. 7 Patrick Matthews was tried upon an indict- meut charging him with burgluriously entering an unfinished house. in Madison avenue, owned b; Cornelius O’Relily, on the 15th of November, ani steallug a few carpenter's tools, The accused awore that he and a cumpantov were drunk, and wor med to meet the persons who were go- ing the basement, which was open, and nad a sleep, but atole no tools, The jury acquitted the accused and he was discharged. SBPFERSON MARKET POLIOE COURT, Assault on an Officer, Before Judge Flamme: Samuel and Thomas McMurray, of No, 68 Ganse- voort street, and Terence Deviin, of No. 24 Little Twelith street, were arraigned at the above Court yesterday on a charge of assaulting Omcer Jonn J. Wheelan, of the Ninth precinct, It is alleged that the prisoners, who are ‘longshore- men, made an attack on the officer on Sunday morning last, knocked him down and cut him about the head and face. ‘hey were held in $700 bail each to answer, Mr. Leo Corbeily, of No. 761 Washington street, charged John Ryan and Christopher Stanman with stealing an overcoat and $$] in money from him. ‘They were held in $1,000 ball each to answ, Qt Generai Sessions, oe bai HARLEM POLIOR OOURT, Robbed His Mother. Before Judge Bixby. Samuel Lenton, aged twenty-one, was accused of stealing $50 worth of silver spoons and jewels trom nis mother, Mrs, Susan Lenton, of No. 1,519 Third avenue. Harris Steinberg, of No. 7 Baxter atreet, was arraigned on a charge ot pur- chasing, with a guilty Knowledge, the vroperty stolen by Lenton. Tre latter was held for trial in default of $2,500 and Lenton in $500 pail, Seventh District Civil Court Clerkship: "Judge Donohue on Saturday last rendered a decision giving the clerkship of the Seventh Dix trict Civil Court to Joseph Steinert, who had been appointed by Judge McGuire. Patrick Anthony, Judge Steimler's clerk, was yesterday served w: a notice to Vacate in favor of Steinert. sg COURT OALENDARS—THIS DAY. SUPREME COURT—CHAMBERS—Held by Judge ak pone Ha tease be a 108, 111, 118, 129, ¢ , 153 ’ a » 217, 269, 270, 27: 277, 275, 280, 282, Weel SUPREM COURT—SPECIAL TERM—Held by Judge Van Vorst.—Demurrers—Nos, 26, 30. Iséues of Law and Fact—Nos. 9, 42, 62, 63, 54, 65, 67, 58, 0, 61, 62, 63, 64, 65, 66, 07, 68, U9, 70, 71, 72, 73, 76, 77, 73, 79, 80, 81, 82, 83, 84, 85, 86, 2, 93, 94, 95, 06, 97, 98, 99, 100, SUPREMB COURT—CiROUIT—Part 2—Held by Judge Van Brunt.—Nos. 2618, 2170, 100%, 99234, 1848, 2864, 4420, 4570, 4372, 432, 688, 2350, 1978, 2190, 2192, 835, 2514, 1776, 3245, 4284. Part 8—Held oy Judge Lawrence.—Nos, 4243, 4245, 4247, 4249, 1399, He 2127) 467) bee 483, 4395, 2103, 2108, 2107, SUPERIOR COURT—TRIAL TERM—Part 1—Held b: Judge Spetr.—No: 1 677, 723, 783, 785, 687, 747 Tel. "Part 2—Held by Judge Freedman.—Nos. 124, 726, 780, 680, 712, 788, 552. 782, 423, 694, 784, 64234, TOO, 1540, 768, COMMON PL¥AS~EQUITY TERM—ileld by Judge J. FP. Daiy,—Nos. 16, 17. 18, 19, 20, 2 v TERM—Part l—Fleld by 211, 40434, 225, 228, 782, 2, 2305, 1254, 1255, 1256, 502 Part 2—ueld by Judge Loew.—ase on, No,’ 1088, No day caiendar. MARINE COURT—TRIAL TeRM—Part 1—Held dy Judge Joachimsen.—Nos, T41, 1404, 588, 1979, 754, 755, 750, 757, 78, 76% 760, 761, 768, 764, 705. Parr 2— Held vy Judge shea.. 8. 497, LOT4, 1353, 1354, 768, 767, 768, 709, 770, 72, Uy 176, Part 3— Heid vy Jucge Alker.—Nos. 1408, 1855, 197%, 1981, 1924, 1841, 1603, 1570, 1578, 1811, 1710, 1440, 2078, 4902) 2520, GENERAL SESSiONS—Heid by Recorder Hackett.— The Peopie vs. William Parker, robbery; Same vs. dohn McGuire, robbery ; Same vs, Edward Ronaldo, feiouious assault and battery; Same va. Peter larceny: Same vs, Samuel Vohn, grand larceny; Same vs. Charles Stevens, grand larceny; Same vs. Henry Smith, grand larceny; Same vs. Joseph Schoenden, receiving stolen goo Bernard Reinach, taise pretences; Same vs. James O'Keefe, petit iurceny; Same vs. John Flanigan, petit larceny; Same vs, John Fenuelly, petit lar- cepy; Same vs. Mary Sheridan, petit larceny; Same vs. Eva su peut larceny; Same vs. George Gagwins, coucealed weapon. OVER AND geRMINER—Held by Judge Barrett.— The People vs. Ricuard Croker, homicide. CORONER CROKER. The McKenna Homicide in Court= Croker Arraigned and the Trial Be- gun—Names of the Jurors. Coroner Croker, tor whose speedy trial his counsel had manifested seemingly great im- patience, Was formally arraigned for trial yester- day in the Court of Over and Terminer, Judge Barrett on the bench, on an indictment for mur- der in the first degree, tor shooting John McKenna on last election day, Tuere was not the public interest shown ip the case natu- rally anticipated from the fact of the accused holding an important public position, The crowd present, though nearly filling the court room, was vy no means us large as those attracted to the Stokes and Tweed trials. There was nO inconvenient rush and there was Toom enough for all whose curiosity led them to attend the trial, District Attorney Phelps, as- sisted by Messrs. Rollins and Lyon, conducted the prosecution, and Colonel Fellows, Henry L. Clinton and Colonel Wingate were counsel for the deijence. A solid phalanx of lis personal and po litical iriends sat close around the prisoner. EXAMINING JURORS, A good luugh was caused by the determined and apparently contradictory answers of the first juror examined, a respectable looking middle-aged geutieman, He was opposed to capital punisn- ment. When pressed as to nis reason he said hanging was not bad enough for murderers; he Would send them to State Prison ior lue. Ou far- ther questioning, It became apparent this gentle- man bad a repugnance to the tntiction of capital punishment, and he was excuacd, The bext juror examined was Nathaniel J. W. Lecato, @ sirewd-iooking gentleman, whose an- swers were short, satisfactory and decisive. He ig & comiission Merchant aud has no time to form preconceived opinions about shooting cases re- ported inthe papers. He was sent Ww the Jore- man’s place in the box. Counsel then held a friendly “talk,” and the re- SULt Was that, jor the convenience of both, they agreed to fili the box before swearing the jurors, as on the Tweed trial. Tue object was to give each side an opportunity o! ascertaining, Mf possible, through their agents, the character and political prociivities (ll auy) of the jurors not considered objectionable, ‘ne Court consented to this arrangement, Bernard Kreuger was otherwise unexception- aole—he wus w benevojent looking old German— but, unfortunately, labored and vungied Jeariully at constructing hig English sentences, He con- fessed what every one saw that he did not under- stand English exactly as well as his native Ger- Man. Mr, Cunton took him in hand and there was grand confusion, iollowed by laughter, when the juror said he “wrote”! the jury’s evidence belore the Coroner and “wrote” next day an articie in a newspaper on the shooting. Mr, Clinton wanted tokuow wiy he wrote those things, when Mr. Pheips explained thut the gentleman meant “read,” vo whicn le assented. He Was excused, Andrew Jackson Davia and several otaers, Ouy- ing scruples against banging men found guilty of murder, were promptly excused, iicnael Fletcher pussed muster and was seat to the box. Alter some twenty jurors for the first place were examined, the followiug were Sent to the box:— Henry H. Bowers, Henry McGregor and Freeman Bloodgood, Jonas Tanzer, Richard McNamee and Robert Ogleby were sent to the sixth, seventh andeignth places, ‘The jurors, it appears, are to be kept in strict seclusion irom the Ouler world. Mr. Ulnton wisied to ask Mr, Ogleby “one question more,’? viz.:—Whether he would allow the articles ap- pea ving in the newspapers from now forward to ufuence him ¥ Judge Burrett at once interposed with—From ims time forward you may exclude, as I don’t pro- pose to allow them to read any.” Clarence B, Rutan gave sauisiaccory answers, ag did also ‘timothy 3. Hilton. The latter, aitnough not believing in Capital punisiment “as an aosu- jute question of ctuics,”? Was the box. Martin Cantellon scated & man unknown called On DIM tO ascertain his political bias, but ne jet him severely alone. He did Dot see the man in Court, Mr. Cantellon was directed to take his seat ID the box, and i he saw the unknown ine quirer on the witness stand to point bim out. ‘The first panei bein. then exhausted, the second panel was Called on fines. Sixty-iive answered, George W. Young, ove Of the first culled, was accepted and sent to the twellth chair, ‘fhe number betug now completed, the prisoner was ordered to “rise and ook upon the jurors,’ and nine were sworn. Michael Fletcher, No. 200 Elm street, and Clar- ence K, Rutan, St. Nicholas Hotel, were cual- lenged peremptorily by tue District Attorney, aud Martin Canteilon, No. 67 Vandam street, by the detence. Nine being left in the jury box after this process, hee more were to be alited out uf the crowd of jurors, Robert D. Lloyd was accepted and sworn, as were also Louie Ouvrier and Enos I. Throop, and the number was complete. Mr. Throop /aughingly stated, in the course of his examination, that a deputy sheriff told bim ne had only to “express au opinion” and be would be excused. ‘To which the District attorney re- plied :—‘‘I can tell you the deputy sherif’s law was not correct.” The tollowing are the NAMES OF THE JURORS a8 sworn:— Nathaniel J. W. Lecato, No. 27 Horatio street, Henry H. Bowers, National Hotel. Henry McGregor, No. 150 West Twenty-sixth e street. Freeman cosed ea No. 215 Thompson street. Jonas Tanzer, No, 11 West Forty-ninth be Richard McNamee, No. 140 East Nineteenth street, Robert Ogilvie, No, 448 East 119th street. Timotay 3. Holton, No, 58 West Thirty-tirst street. George W. Young, No, 73 Ce ee treet Robert D. Lioyd, No. 138 Kast Thirtieth Louis Ouvrier, No, 247 Weat Thirteenth street, Enos T. Throop, No. 851 West Futy-seventh street, COURT OF APPEALS, ALBANY, N. Y., Dec. 7, 1874, No, 110. David F, Barnegappel vs. The Oyster Bay Huntingdon Steamboat Company, reapoud- ents.—Argument was resumed this morning, bat THE TRIAL OF NEWARK OF- FICIALS. is ‘The trial of Alderman Stainsby and ex-Commis- sioner Young for alleged conspiracy to defraud the city of Newark in connection with real estate transactions in the Fourteenth street opening was resumed yesteraay, The defence placed Young, one of the alleged conspirators, on the stand, On cross-examination Young admitted having given Stainsby information of lots being for sale on Avon avenue, as well as Fourteenth street, which lots were bought by Stainsby’s nephew, Taylor, and upon which Taylor obtamed the assessments; tnat he had served on irom 200 to 300 commissions; that the custom has been to seil houses &c, at auction; that the house on Taylor's lot was sold at “auction” at two o'clock in the day; witness’ son William, a Mr, Van Houten, and two or three other persons weie present only; that he (Young) bought in the house for $85 for Stainspy, and that his son William drew up reports, made out maps, deeds, &c.; that the sume course was pursued in regard to Fourteenth street as on other openings; that he tniormed other persons besides Stainsby of certatn properties jor sale; that he knew nothing avout the Lane matter until alter the assessment Was made, and chat ne had no interest in the lots sold to fuylor on Nine- teenth street. ‘The next witness was Alderman Stainsby, the other official on trial, He gave his testimony 12 an unusually mild and careful manner, answering the questions put to him without any hesitauon, He swore that he drew Taylor’s attention to the Lane and Guenther property, and was him- sell @& large owner of property along Fourteenth street, in which he invested at the suggestion of Jacob Skinkle; that Young told him about the Lave und Guenther lots. The valance of his direct examination went to show tuat, accord- ing to Stuinsby, he had helped Yaylor to acquire the property a8 he wouid his own son, having no interest, pecuniarily, in tbe matter, either with Taylor or Young. Upon cross-examination he stated he was Chairman of the Common Council S:reet Committee, whict appointed these commis- sions such as Young Was Chairman of; that be gave tniormation to faylor of other tracts and ad- vanced him money wherewith to buy; that he had never been absent from council meetings wile rat- ification of assessments was made; that Taylor got $2,700 for the soore lot, for which he paid only $2,100; that Taylor got $600 for the part taken by the city. He admitted further that he knew the land was o! more value than the sum asked and thut it would be assessed at its full value. He denied having any tuterest monetarily in the transactions upon the redirect examination, This closed the testimony on both sides, and, by agree- ment Of counsel, the case was adjourned wll to- day, when it will be summed up, and, after tne Judge's charge, be given to tue jury. - AMERICAN TRUST COMPANY. The Hearing Before The Judge of Pre- bate—Some Idea of the Standing and Condition of the Company. New Haven, Oonn., Dec. 7, 1874. The matter of the American National Life and Trost Company came up for @ hearing to-day at tne office of the Judge of Probate, in answer to tHe petitions of Insurance Vommissioner Stedman, who, witn bis assistant, Mr. Maltble, and Mr. H. B. Harrison, as counsel, waa present, There were also present the counsel of the company and @ large number of insurance men. Colonel D. RK, Wright, for the company, asked for an adjournment of the hearing, as notice was given at the last meeting that such a motion would be made, and that notice had also been given by the prosecution that the motion would ve resisted. Ho stated that he had supposed that the investigation would have been arrested by the raising of the constitutional ques- tion, Since the investigation began circulars bad been sent to ali the policy holders and others interested in the company, in order that @ Perfect understanding of the financial con- dition of the company’s affairs mignt be reached, The company desire an exhaustive hearing, and an exhaustive nearing implies an extaustive preparation and time in which to muke the proper arrangements. THE STATUTE PROVIDES that on the 3ist day of December the affairs of the company shail be localized; also tpat prior to tue irst day of March following a Sstate- ment shall be made up by the company giving details of ad transactions, and that the Whoie snail be given to the Insurance Commission, ‘The company is represented in filteen States of the Union by 100 agencies, ‘Te all these agencies notices had been Issued, but it was not believed that all the returns could be ob- tained prior to March. The delay till that time will expedite the matter, the company not de- 18 PACIFIC MAIL MATTERS. Election of President—Russell Sage Answers the Managing Director—Wall Street Ethice—Selling *‘Calis” No Specu- lation. Yesterday morning things were lively on “the street.” Pacific Mall stock, under the effects of a Vigorous “pear” raid, sold down from 41 to 39%. In the afternoon, at one o'clock, @t tne splendid Oftices of the company, an ELECTION FOR PRESIDENT TOOK PLACE. ‘The directors’ meetung was very barmonious, and Mr. ¥. Alexanare (of F. Alexandre & Sons), of the New York, Havana and Mexico Steamship Company, Wus unanimously chosen to sacceed Mr. Russell Sage, the iate President, and Mr. W. H. Fogg, the great tea and silk importer, of Burling slip, Was elected as a director to fill the vacancy. The con+ fidence inspired by these selections sent Pacifio Mail up to 41 again. ‘The late President issues a reply to the charges made against lim of speculating in the company’s stock, in which, without answering the statements already put forth, he naively claims that selling “calls” is not speculating, We append the CKRMOLDERS OF THE Pacivic Mall STRAMSUIP Compaxy:— You have seen by the daily press the announcement of my resignation cf the presidency of your company 1D offering it 1 stated uli that 1 cousideréd necessary in the way of motive, aud expressed sincerely my kiidly dis position toward the company and my bese wishes for ith rospertiy. 1 should have liad nociing more to say. but hat I have since tound myseit the subject of attack through the same channel, chiefly emanating trom Mr. Rulus Hatch, and expressed with a coarseness of lam guage and rudeness of manner which seem to make it @ matierof selt-respect, considering especially my reiae tion to other large corporations and of duty to you, to make this stacement. ‘To those of you who know Mr. Hatch it is needless to portray him, ‘To those who do not the information will, perhaps, be ay surprising ag it may be useiul that he ts a’ man of unbustnessiike hubits, vioien| and vindictive temper, coarse language and ill balance: mind. His recent conduct I impute, upon saustactory grounds, to motives the opposite of candor or disinter- estedness. I have oiten had diiterences with him aris ing out of what I rezarded as extravagance in munagement and gross errors of judgment, arising from want of the necd{ul good temper and self-control. Tree member a recent occasion on which the exhibition of his peculiar qualities put at risk the ship City of Peking, then just starting on a voyage ot 12,000 miles, with a cargo 1 and Icau appeal to my tellow directors, sry. Alexandre, Talcott and Guion, who were wit nesses of the tacts, to corroborate my statement of them. ‘The vessel was lying at anchor in the lower bay, Wait ing to have her compasses adjusted, when Mr. Haten, in tue presence of crowds of glesis and passengers, and in the most violent manner, cowmenced 4® aitack upon the captain, first officer and engineer, expressed in the same boisterous manner an course language wh have characterized his recent conduct toward ime. He declared that these three officers should then and there be made to vacate their poste and submit to be replaced by others whom he would pick up betore the vessel started, and the scene was only ended by the interference of the United States Adjuster ot Compasses and of Mr. Roach, and_b; the exertions of Messrs. Alexandre, Talcott, Guion an myself, Who by great exertions prevailed upon him to suspend his display of vioience. 1 refer to these matters that you may know the character of the swift witness against me. f might in- stance other similar or worse conduct of Mr. batch which 1, with others, have tied to control aud counter actin your interest, but for the present forbs ‘My personal connection with your comp: and is that of a larve creditor and stocktiuide more than a year ago, jusi before the beginning of panic, the company was in great troubie jor the want of means. Lts ships Were under seizure at (he whurves for taxes unpaid and its current wants of money were mor t. Twas called upon to aid 14 and means and credit to a large amoun' he Unearned subsidy from the Unit |. States governm Icarried my loan through the di ot the panic, and I have frequently since turnished company with means to buy coal and other suppiles a8 such tmes and in such a way as to secure to it either large savings or iarge profits u use of money, I have advanced largely to e its credit an repay overdraits, and am now one of the largest of its creditors. 1 was very unexpectedly etected as its President with out any solicitation on my part and uader peculiar cite cumstances. ‘Yne President, Captam Bradbury, was ia San Francisco, whither he had gone to effect a ican, Im thut, however, he had failed. During his’ absence the Vice President was charged with dereliction ot duty, fuspended and removed. Captain, Siradbury. resixne by teiegram, and 1 was put in the position which he va- cuted. ‘J have performed its duties without pay, directly orindirectly, Ihave had neither salary, commission nor interest In contracts for buildings or repairs, and have not othierwise profited by the position. | The habitg of iny life in my personal business aud in that which have managed ior others have een habits of econoiny, and I have tried to practise that virtne in iy offtcit Position in your company. While approving the excure sions which tended to bring the company and ity snips into Notice and not regretting the hospitality which was exercised on those occasions, I set my Jace against the unjustifiable and extravagant claims which grew out of shem, and thence arose some differences -with Mr, Match, which partly account tor his present attitude. J have been charged with speculating in the stock of the company. 1 was once asked It | nad sold stock shorty and answered in the negative. It was then usserte that I had bad an interest in a sale of stock made by Jay Gould. ‘that is true, but the sale referred to nota short sale. Mr. Gould nad made a sale of 1,200 shares, and at bis request sent his broker 400 shares, Which Were ny own stock, purchased betore the said Was made. That was nota short sale. and | have never sold or contracted to sell or to deliver any stock but such asi already owned and had possession of. { adinit that L have sold calis“to a limited extent, but nev except when | had the stock to respond to the calla, have olten sustained the credit of the company chasing its My means are limited. To siting delay Jor tne sake of delay. ‘the company 1@ Willing for the investigation to proceed. Every day granted of delay at present would speed the trial so mucn, The Nationa! company had become virtu- ally the Home company. ‘To the surprise of the directors certain irregularities had been discov- ered in the attuirs of the Home company. Time to overhaul the affairs of ali the companies tnvolved is necessary. If the New York company had been involved in a fraud it was to be noped that the National company would not be thrown into bankruptcy ou that account, but that the iraud, if possible, might be ‘so proved. In conclusion, he would be glad to bave tne case set down tor Janu- ary 5, 1875. STATEMENT BY OPPOSINU COUNSEL, Mr. Harrison, tor the Commission, said:—It is not difficult for am ingeoious counsel to find grounds which look fair on which to ask for delay. ‘They speak of the diflculty in arriving at a satis- Jactory statement of liabilities and assets, That matter, as they well know, can ve easily settled. They have, ag we nave, experts employed to de- cide, The public demand that not one iurther hour of delay should ve granted. “ Coloncl Wright said that at least five estimates Of assets and liabilities should be made. If made in the office less timo would be required than if taken at the mouths of witnesses in court. Experts had Ce tar Seamts the @xamination would take till December Judge Bradley said he did not see how the esti- mation of the assets should be a matter attticult to arrive at, He did see how there might be dispute on the amount of reserve necessary to beheld. He thought the experts should have time to Make the examioation, and, as on good au- thority it was averred that {t would take two or three weeks to prepare the cases he thought that amount of time should be grantea. He afouid be compelled to call in a Superior Court judge to sit with him at the hearing, but as no judge had yet named tne date ou which he could able to git he should be obliged to communicate farther with the judges, and so soon as ne coula the Court deciding that it had no jurisdiction of the Case the appeal was dismissed with costs, No, 111, Ira Dunlap, appellant, vs. Hannah R, Hawkins, respondent.—Submitted, No, 113, Join L. Buckland et al, respondents, vs, The New Jersey Steamboat rampeny, appel- ants.—Argued by W. Packer Prentice aud counsel tor appellant, and by Essex Cowan for respondents, No, 114, Jumes M. Boyd, appellant, vs, Louts Schlesinger, respondent.—Argued by Frederick J. Bepeyaler, of Counsel lor appeliant, and by Elias J. Beach for respondent, No, 115. David Ockart, appellant, va. Gtidert VY. Lansing ¢@t al, respondents,—Argued PY, RA. Parmenter, of counsel jor appellant, and by E. F. Bullard tor respondents, Nos. 116 and 117. Peter Goelet et al, appellants, vs. Paul N. Spofford et al, respondents.—On motion of counsel for respondents, appellant's counsel consenting, PU pedal altirmed by default. No. 118 Sarah L. Fitcl The Amer- ican Popular Lite I , Fespund- ents,—Argued by R, E. Andrews, counsel ior ap- pellaot, and George Bliss for respondents, Adjourned to ‘'uesday, December 8, at ten A. M. Calendar. The following is the day calendar of the Court of Appeals for Tuesday, December 8:—Nos, 4, 21, 100, 30 62, 9%, 120, 112, WESTCHESTER COURT MATTERS, The December term of ine Supreme Court and Court of Oyer and Terminer convened yeater- day at White Plains, Westchester county, deiore Justice Pratt, County Judge Gifford and Associate Justices Howe and Siikman, When the Grand dury had been empanelled and charged briefy by the Court they retired, and alter deliberating on the only case requiring their consideration they were discharged for the term. The report of the commission appointed by Judge Tappen to Inquire into the mental condition 0) Auguste Lachaume, who is under indiotment Jor assault with intent to kill James P, Sanders {nm the City Court room at Yonkers, was read, setting forth that the mem. ders of the Comaussion had seen nothing in the testimony taken which would warrant them in the belles that the prisoner Was insane at the time the crime was committed. District Attorney Briggs therefore urged that the ends of justice required the trial of the ac- cused during the present term of the Court. Counsel lor Lachaume pleaded for a jurtherstay Of proceedings, Stating, among other reasons, that the testimony ordered to be taken In France, and Which Would tend to prove insanity on the part of some Of the prisoner's ancestors in that country, bad mot yet reacned this side of the Auantic. After some slight legal sparring between counsel the Court announced ite decision, denying we motion for ® Stay, and naming Thuraday as the day jor trial, On Wedneaday the case of John Pugsley, colored, inuioted ior tha murder of another colored indi- vidual ot New oehale, aw taken Of saan ol | anata ascertain on what date @ judge could be procured he would set down the date Jor a final hearing. ‘The Court then adjourned. THE METHODIST PREACHERS, Yesterday was devotional day with the Methodist ministers, and probably op that gocount the attendance was smaller than usual. For, tired Out as the pastors declare themselves tu be with the labors of the Sabbath, they appear usually on Monday mornings to be much more ready to talk with one another than witn God. Debate is much more interesting to them than prayer. Neverthe- less, the exerciaes yesterday were of deep religious interest, Tne venerable Father Reynolds—now eighty-four years old—repudiated the idea that he ‘was growing old or going to die, He was never ounger, and he expects to live forever. Brother ‘erry, of the Mission Rooms, who hag just com- pleved his half century with the Methodist Episaco- pal Courch, feit te Sot 80 expreased himself also. He did not bel that the former days were better than these, but the contrary. Pastor Hedstrom, of the Bethel ship, another veteran in the ministry, had a word to say about the good time lie had on Sunday Srey aoe the satlors who gather to bis cuurch, nas & perpetual revival tor twenty-five years, and is full ol interesting incidents Oi his labors in New York a4 a missionary among his Scandinavian countrymen. He is thé father of the Scandinavian Methodist missions in tae United States and in Northeru Europe, which are among the most suc- cessiul of the Methodist missions to-day. Presi- dent Cummings, uf Wesleyan University, Miadie- town, Oonn., bad a good word to gay for the atu. dents in his institution aud the religious interest that prevails there, Brother Moreiwuse envour- aged his brethren by a word Of cheer irom the olty missions, where God is reviving His work. Other brethren also had word o! exhoriation or expe- rience to offer, and Chaplain McCabe intensified the interest oy singing hymns of faith and nope. Dr. True will read @ paper next Monday on the use Of tobacco among Ministers, WORK OF THE CORONERS John Eckles, a laborer, thirty-three years of age, who lived at No. 411 West Twenty-seventh street, died yesterday in Bellevue Hospital. He was a: sisting to discharge a coal barge foot of Thirtieth street, when tie gait of the derrick broke and struck him gn we head, producing concussion of the brain. Corouer Woltman was notified, Eudora Nathan, a Woman thirty-one years of age ald & native of Charleston, S. U., died sud- denly at her residence at No, 218 West Forty-fitn street, as Dr. tlatl, the attending physician sup- poses, irom convulsions, due to the attempt to avandon the use of opium, to whitch she had been addicted, Corouer Kessler was notfed, Coroner Kessler was yesterday called to the Penitentiary Hospital, Blackweil’s Isiang, to hold inquest on the body of J. J, Davies, twenty. ven years Of age and born in England, who is 14 to Dave died of bernia, tt Me iDprwonmen| coaviotiod by pur: dapove all of purchases so made I have that is, sick for future delivery. I way of doing business with mai in“ anticipation of their income, ‘e aprice at which they tuvest in the pe stock when their iucome fs availabie. £ have fixed a@ price or sold @ call uniess I actuall, stock In My trunk and owned the same. J hi ever considered, and do not consider, saies of stock in this way as inconsistent with the duties of my position or in: jurious to the company. On the contrary, the effect of my action has been to sustain the marketand maintala the credit af the company. ‘The position in which { was placed by Hatch's manners and language und want of b habits long ao, made the position of President dis tome. Ideterufined uot to accept it again, and so im at the meeting at bis house, to whicn he re- uuerly untrue that 1 begged or in any wa} solicited him to lee me remain. ‘The position whish occupied was not his to bestow. Idid not cull on him tor that purpose and expressed no such wish. In conse- ° ence of what had happened on the previous even ing 1 was led to believe that he harmony with the purposes of those who were to the company, and who desired to use him in conneo- tion with stock operations, from which he was to derive personal brotit, My chief object in calling on him wag get what information I could on that point, and intluence him, it possible, against comnecting him: with any such scheme. To entorce that ap and dise le him trom the turth 1c the reason of Mr. si to be temporary and limited to resent otfice. This style ‘ol remark le what he has Abaardly pen 0 verted into an appeai from me to him that me remain. In that interview he wold me thi him was a surprise to me ; it was larger than I bad supposed it te is was the first information { had ever been abie to get of the magnitude of the uebt I then and there advised @ full and complete state it to be made out te the stockholders, so that each man miglit see exac' what the position of the compan; yrasend age? we wi done since we becamg conne e company, suggesang thatthe new sieamers would soon earn money and would soon reduce the amount of the debi, and with the improved condition of our means for doing business and largo supplies of coal, together wit tavorable prospects of busiices, With rigid. segueen te favorable prospects nces, with rigid economy den | belleved tay ale Sa aearas ara ceartaased Oo charge ai o c concurred. Our views at that interview appeared tobe im harmony. ‘Aller that interview I very soon became convinced that outside stoc! ot Mr, Hatch, of prejudice distrust against my: wi should find it difficult w exercise any jmenice for the company. Having other jarge interests to attend to, and with little inetination to be kept in contact with im trigue, deception, violence and bad managei it, I ree signed. ar Mr, Alexandre deen elected my essor. I teelitto be my cay, to you to here bear cheeriul testimony of my full confidence in him asa business man and as a man ot Integrity, expe. rience xnd capacity. I betieve if he can carry into ef foct his own ideas of soationy, and management of affairs of the ord Ags) will be eminently successful ting i teresis. He has my best wishes, and and as often as he requires it, my bearty co-ope jon. Gentlemen. you have a fine pr and are e: in a noble enterprise. it nas not ben nasacosatate ‘the at _as you could have desired, but Iam sal with wise, hot a joniical investments are of value. 1 have ae Dock Ussaen Bh ge an lg ted sincere wish of your opediont anf ‘BUSS! ry th your pei @ Detailed Account. New Yoru, Deo. 5, 18% To ruB EpIToR OP THE HERALD:—~ AS the affairs of tne Pacific Mail Steamship Com pany are now attracting a good deal of public at- tention, and the recent forced resignation of its President develops some curious tacts, I propose to give you my views as to the course which shoula be pursued by the managing director, Mr, Raius Hatch, 1¢ was charged that Mr. Russell Sage, although President of the company, had soid the stock short, The natural inference would be that, from his position tn the company and his personal knowledge of its true condition, he believed it insolv and, acting upon this be Mel, sold’ the stock short. It now becomes a duty which Mr, Hatch owes to himself as well as to the stockhdiders to show clearly the real con: dition of the company at the present tume—not by @ partial statement, as made in September last, but by a detalied account of its earnings and expenses lor the past year, ite entire liabilities and assets, giving the names of the steamers owned by the company and their real value, not the cost. In looking Over the annual reports of the Pacific Mati Steamatitp Company for a number of yearal found the same steamers taken = jority Let Us Ha alter year at the same valuation (origiai treme), When it was notorious that the 01 them had become almost worthiess. Mr, Hatch should employ some well known e+ ert In accounts to make the exam/netiva, Whe as NO interest in the comp: id whose state. ment would be accepted by | the trae condition of its a!