The New York Herald Newspaper, December 9, 1874, Page 5

THE COURTS. | IMPORTANT INJUNCTION PRICEEDINGS, The Old Mariposa Mining Prop- erty in Court. THE NEW ERIE RAILWAY LITIGATION Modifving a Modified In- junction. SCHWAB'S CASE AT A STANDSTILL. In the United States Circuit Court a petition was Miled yesterday by Newman Aaronson, alleging that he was adjudicated a bankrupt, and that alter such adjudication he was arrested by the Sherif of New York in a civil action for the sum of $680 08, at the suit of Louis de Jonge and others, in the Supreme Court of this city. Mr, Aaronson further | declares that the debt on which he has been thus arrested is one provable tn bankruptcy, and he Petitions the Court for relief in the premises, A writ of habeas corpus bas been granted, for the Parpose of bringing the matter up for determi nation before Judge Biatcniord, Tn the United States District Court yesterday Judge Blatchiord called the admiralty calendar and fixed days forthe hearing of causes. In the Circuit Court Judge Nathaniel Shipman called the civil jury calendar, aud a good number of cases are fixed for trial. Yesteraay, in the United States Commissioner's office, W. P. Girard, the purser of the steamer Orescent City, plying between this port and Havana, was brought before Commissioner John A. Shields and charged with assisting in the smuggling of 20,000 cigars. He was held m $5,000 bail. It ts alleged that the cigars in question are those which D. P, Harris, a Custom House oMicer, aided in getting through the Custom House in an Megal manner, Both Girard and Harris are un- der indictment for the offence in question. John Gillick, of No, 66 Broome street, was held by Commissioner Shields yesterday in $500 bail for examimation to answer a charge of not paying ‘his spectal tax as a liquor dealer. The supervisors of election and special aeputy | marshals of the First, Second, Tnird, fourth and Sixth Assembly districts are tobe paia this even- ing, at baif-past six o'clock, at the Marshal's office. THE MARIPOSA ESTATE IN COURT. ‘This appears to be the day for injunctions ana Particularly against large corporations, Applica- tion was made yesterday in Supreme Court, Ohambers, velore Judge Davis, by Messrs, Martin and Smisb, counse! for Eugene Kelly, banker, for 4D injunction against a well known mining com- pany. On tie list of defendants appears the names of gentlemen well known in business cir- cles, such as Mark Bromagim, Uhauncey Vibbard, ©. Bainbridge Smith, Morris H. Smith, Francis B, Wallace, Jacob H. Brumagim, John W. Bromegim, Benjamin M. Stilwell and Patrick W. Derham. Toe oMcers of the company are Mark Bromagim, Presiaent ; Chauncey Vibbard, Vice President ; aor- Tis H. Smith, Secretary, and Francis B. Wallace Treasurer. The company is what was formerly known as the “Los Mariposas Estate’ or more popularly Known as the “Fremont Grant,” ob- tained in 1851 by General Fremont from the Mexi- can government, and contains ten square leagues of land. Mr. Kelly brings suit as holuer of 60,000 whares of the preierred and common stock of tue company, valued at $6,000,000, and the nature of his application yeaterday was to restrain the ae- Jendants named above and others from disposing of the property embraced under the original grant to another Company organized in California called the ‘‘Mariposa Land and Mining Company.” mr, Kelly sete forth in bis affidavit that he advanced $150,000 on the shares now in his possession, and the application is to make secure He het lurther in bis affidavit that the Board of Directors of the company, at the in- Stagation of the defendants, passea resolutions aathorizing, with slight reservation, the sale and conveyance to the Mariposa Land and Mining Company of California of the eutire Mariposa es- tate, the reservation being made to give sembiance of ljegality to the transaction. He claims that such transier would render wholly worthless his stock. He charges, in fact, explicitly, tuat it is the ee of is een to deprive the fom. Dy Ol the greater part of its property, makin ne took worthless. He also expresses a fear that ifhe shoulda exchange his present stock for the stock of the new company that under tne laws of California such stock might be assessed for pre- tended work and capital in sacha manner as to render it as secunty tically worthless. Onthe @pplication an aMdavit was submitted to tne Court setting forth that the delendant Stilwell, who is a lawyer, had devised the pu: trans- der.in order to render Mr. Kelly’s stock of littie or no value. Judge Davis granted a temporary in+ junction, making the sume returnabie on the 14th et., When the question of its permanency will come up argument. The injunction enjoins ‘the deiendants irom parting with any of the prop- erty or agsets of the company, and from permit- ting lithographic stones of the New York Com: to De altered 80 a8 to print the certificates of the new comp organized in California. There isa prospect of & lively legal contest wnen the case for argument. lt is urged by Mr. Kelly vice resorted to by the delendants 0 Tender his stock worthless can be successiul then there 18 very little security in holaing any stock of ‘vhs character as collateral, as then there would be nothing to prevent the managers of any com- pany from going into another State, organizing & com: there and selling out to that company Gil the property of the New York company, and thereby render ite stock utterly wortaless. As Will be seen, the case is one of great interest to bankers and others investing in this kind of se- curities, THE ERIE RAILWAY INJUNCTION. * The case of Arnott against the Erie Railway, in ‘which an ex parte injunction and order to show cause bes been granted, came before Chief Jus- Uce Davis in Supreme Court, Chambers, yester- Gay, that betog the return day. Neither side was Teudy toargue the merits of the motion as a Whole, but ex-Judge Shipman, as counsel for de- Yendahts, tsed the aMdavits of Mr. Alexander, 82 oMficer of the company, hae of lr, Hancock, @ acre ot Duncan, Sherman & Oo., t Bhow that the company did not FF opone to issue or use any of tars i nds, except so far as they changed them {for the old bonded the company—that is to say, read: ebt of if they wat exchanged Ra bomen is ES w bonds ior an equi n iret tort bonds of the Buffalo, New York and Erie Railway Company, and they were in the hands of innocent holders, and they had also exchanged }24 pew bonds jor an equal number 01 the second mo! bonds. now asked permission to exchange new bonds inder the $10,000,000 mortgage tor the balance of the lebt of the road due, that is, Sean Davis, after a reply from Judge Mr. John L, Hill, counsel for pial to modify the injunction so as to falo, New York and Erie Ratiway pnee ro pay interest on. the 202 new bonds which it had ex- chan, for the seventy-eight first mortgage bonas and the 124 second mortgage bonds. He denied the application as to the balance. The argument of the main motion was postponed until next Tuesday. THE SCHWAB HABEAS CORPUS. Sigismana Schwab, the liquor dealer convicted Of selling liquor withont license, was brought yes- terday on a writ of habeaa corpus before Judge Davis, in Supreme Court, Chambers, with a view of having him admitted to ball, in accordance with the opinion rendered by Judge Donohue, Hgoatee | ad ion Of his case ‘by the Court of Appeals. Afier a long argument between Mesars. A. Oake, Hall and Jofia Mkeon on one side and Aisimant fudge he District Avtorney Rotlins on the other, J Davis declined to take up the matter. He said ‘Was not sitting there as Court, nor ao much Judge as a Commissioner of the Supreme Cou Judge Donohue had pronounced on the case and he would jee! restrained by the opinions 8 brother Judge, Besides, ander the special ul abeas corpus of that kind was properly re- ‘tar le belore the Judge who granted it, The prisoner was then remanded until another appll- ation 1a heard by Judge Dunonue, BUSINESS IN THE OTHER COURTS, UNITED STATES OIROUIT COURT, Indictments by the Grand Jary. Before Judge Benedict. Judge Bengdics held Court to-day in the Dpajtea » | « NEW YORK HERALD, WEDNESDAY, States Circnit Court, No. 27 Chambers street. The Grand Jury handed in several indictments, and, having annouticed that they had concluded their labors, they were discharged for the term. Among the indictments found are the following :— Dennis Holland, smuggling. Jonn Reis, running Peat t Lip i William Just, running an theit dis ry. Gonzalez Sardo, manufacturing cigars without having given a proper bond to the United States. Leipo Serapio, smuggling. Joun Carroll, runping an iicit distillery. Peter Campbell, running an iucit distillery. Jobn Rice and Wiilam Just, conspiring to defraud the government, Peter Campbell and John Carrol), conspiring to defraud the government. Oharies Leach, perjury. Grorge B, Brews, smuggling. Jonn B. Martinez, smuggiing. Blais du Buchet, amugging. Patriek Connors and Michael Gallagher, smug- giing. Wiiham d. Tindle, fraudulent bankruptcy. D, P. Harris, smagg!ing, Girard, smuggling. SUPREME OOURT—CHAMBERS. Decisions. By Jud; Levy vs. Van Orden, Weill vs. Schwara, Chidester vs. Russell, No. 1.—Reference ordered, Same va, Same, No, 3.—Same. Sidenderg vs. Lalor; Brennan Goodstein; Rice vs. Tivoli Brewing Company; Roverts vs. Bishop; Down vs. Rogers; Devin va, Devin; Nadevor vs. Marshall; Caion Trust Company vs. Courtney; Cumming vs, The Magor, &c.; Flagg va. Scott; Phenix National Bank vs, Birdseye; Konn- stann vs. Gibbons; Hart vs. Pellet; Stack vs. Zink; Equitable Lite Assurance Society vs. Howell.—Or- ders granted, Cer et al, vs. The Mayor, &c,—Allowance granted, Hodsden va, Nudd.—Referee’s report, SUPREME COURT—SPECIAL TERM, Decisions. By Juage Vun Vorst. Holloway va. Stevens.—Motion granted, By. Judge Donohue. Bell vs, Baggs,—Order confirming report of sale granted, COMMON PLEAS—3PEOCIAL TERM, Decisions, By Judge Larremore, McCabe vs. The Mayor, ac.; Walsh vs, Sai Hayes vs. Same; Pure Same; Cooke vs. Same; Hogan vs. Same; Neiss vs. Same.—Demur- rers sustained with leave to plainuds to amend, Bee decisions, COURT OF GENERAL SESSIONS, Larcenies and Burglaries. Before Recorder Hackett, The first case tried in tats Court yesterday was that of Mary Sheridan on an indictment charging her with stealing $7 from the person of Frederick Hirsch, on the'2d of Novembef, as he was walking through Forsyth street. She was found gutity and sentenced to the State Prison for two years. John Flannigan was tried and convicted of stealing a silver watch irom the person of Cor- nelia Masterling on tne 15th of November. His Honor said that he had no doubt but that Flanni- gaD was a professional thier. Henry Smath, who was tndictea for burglariously entering the house of William Talelansky, No. 91 Muiberry street, on the 19th of November, and stealing two silver watches, pleaded guilty to the third grade of that offence. Joseph Schwendemana, a shoemaker at Green- point, was convicted of receiving stolen goods. The proot was that on the 4th of November he received three caif skins and a quantity of shoe thread, valued at $30, the propery of Henry Arthor, doing business at . 86 Gold street, which were stolen by Oscar Bentneim, a clerk in his employ. ‘These prisunera were each sent to the state Prisun ior five years, Charles Stevens was also tried and found guilty of stealing a pocketbook containing $2 from Joun Gilmartin. The Recorder said that crimes of this class were very frequent at present, and in order, if possible, to deter others from their commission. he imposed @ severe penalty, which was four years in the State Prison. Jonn Chatoney pleaded guilty to grand larce! The charge was that on the 15th of September stole a large quantity of househuld articles, plc- tures and books, the property of Louis N De Bacry, of the St. James Hotel. His Honor sent the prisoner to the State Prison for four years. George Coggins, a sailor, sey guilty to car- tying @ concealed weapon, known as a slungshot, ana waé fined $25. Samuel Vohen pleaded guilty toan attempt at ant larceny, the allegation being thaton the 8th of November he stole jeweiry, Valued at $60, owned by Frank Bowman. He was gent to the State Prison for two years and six months, John Fennelly, 8 youth, was tried upon an in- dictment charging him with stealing a aliver watch from the person oi George Gutrie, on the 10th of November, in avenue B. He was convicted and sentenced to the Penitentiary for three years and s1X montns, An Assault. John Maguire, who was charged, with a number Of sailors, in robbing Peter Trudell of $6 upon the Mth of November, while on board the steamer Italy, pleaded guilty to assault and battery. He ‘was sent to the Penitentiary ior one year. Petit Larcenies. James O'Keefe, a boy, was tried upon @ charge of burgiariously entering ap unoccupied house in East Seventy-third street, owned by Rey. Mr. Wild, and stealing a quantity of lead pipe irom the cellar. The police officer saw two boys running from the premises and succeeded in arresting O’Keele. The jury convicted nim of petit larceny. Eva Sutta, chargea with stealing $15 in money from Joseph Salt on the 18th of November, pleaded guilty to petit larceny. ‘These prisoners were sent to the Penitentiary for six months. OOURT OF ARBITRATION, Freight To Be Computed Aceording to the Terms of the Bill of Lading. Judge Fancher has rendered the following optn- fon in thé case of Wood, Payson & Coigate va. C. Menelas, heard on Saturday last :— The defendant is the poate of Dales of jute butts, shipped at Calcutta on the 2d of June last tor New York, per ship Tausman, was frdoreed and transferred. to him by ° agent Sonus jorsed and tran ry ni Co., @ Greek house at Calcutta, having a branch in Lon- don. the bill of ladi ‘ovides that the consignees or thei: assigns shall pay ireught “for. the ‘said ‘goods as custom: ‘the rate of $10 (tem gold dollars) per ton ot be 4 6 ie leet, delivered with average accustomed.” in of the bill of vata the marks and mea- cor rs of the 1,200 bales, and underneath eet of he thie ship at New York cll bd i ne of ‘ork, jain as her agents, caused the bales to be renjeasured om remeasurement to be 319 tons, 6 feet, 3 inches, claim the freight on this latter amount, upon the ground Be the treig! it Was stipulated at so much per tan “de- The defendant objects on the ground that goods liable to expansion during the voyage are subject to treight upon the measurement at the time of shipment and got ‘-) the neta ‘at the time of arrivs the pont of stination, ‘The bill of lading ts a contract, by which the master oflie tp as agent for the owners agrees to carry eliver, the danssre ae ‘e cop ol oe te aia lated freight ention Bat erage bal co anc ufos, destination Is a prereq i”) eget receive tho faites Rt de sah Se Bee the p rt of destination no Pela! wi arne ‘ould be earns ct of auch lost. po cul ma surement of the same, ted for, La d ‘word “delivered” signil re ion. To entitle the ship to full t ns goods must be transported to the place oi oe “4 oN and “delivered” to the consignees or their 8) The word “delivered” has, therefore, its office and sig- ification without extendjn, io the meas Bratnent of the’woods. 1 to RAGE Be eas’ ittemces be employed in the sense of declaring that freight was to coding 4 and whei deinatol 4 it could be a nied to ee nt % be ‘whens portion had been lost daring the voy- Ot destinatior ill of 4 . a ie a arrive at the HEME ce LABERR hodae ent Ly ve declined to receive to be cai at the agreed rate. He could. at FPS have objectea to the Calcutta measurement, and stipulated for freight feces easurement when the goods shoul landed. u is choose to do so. He accepted the goodsat their stipulated weight, and te, in ‘the, ab- by the bill of fend of ail objection, to be deemed jing. Nin thie case eee Te, Forbes, 9 Bing, N.6. 12. upon @ Charter ngag! if ton shipped at Bombay tor London, by i core ton rests be calculated at At Die, feet wer too: fi adic wae held, that evidence was imiseiole of to AY @cco! Bombay he. nel was nding rae it re the plau sears Reged tee beater sateen ae receive remen' - ‘ured them ‘when ‘on board and delivered them on that measurement to the shippers, in the case now under consideration there does not appear to have peer. any such objection, and it must be jat the bili of lading correctly stated the con- ‘and the carriers, assumed it between the shinpers nite ae ps tading fea carve ned at eget to be Yoo taste ft wheat in 10M The ‘couwgnee had purchased tt for that quantity, lish measure, bat It did not amount to that quantity Dantzic meas- ure, which ie eraer. It wae heid that the mi was enuitled to (eight according to the measure tu the Oil of iading, although. mE the Sel nee ee by Dantaic » Moller vs. Living, 4 taunt. I Where a cargo of wheat, pee Sreiahs was payable At so much per quarter, had increased by heating {rom 2,664 quarters at (! loaning Dort to 3,785 quarters at the ort of delivery, it was held that freight was payable on e number of eer ‘at the time ipment, (Gib- jon va, Sturge, M4 le J. (N. 8, .. Tt was also vol, 6, p. 8 ne a main wae se fae i facta ho the freight in Buckie va Kn 2 ee exen. $08 6. ee EM OE Tones pa ct nection in whieh it case under consideration, freight at the rate of “$75 per ton of fitty cubic tee! with it to Liverpool and deliver the same on being livered.” ‘The ship received at Bombay and carried to Aamarpog tn bales; but, on bein Bib ce stetopprn ce comment, belegs Pe ah | was heid that freight was pi le on the measurement | 2241, 2242, 20305, | Part 2 Hleia by of the cotton when shipped and pot on the measure- me at when deliver in the tight of these authorities, and in view of the facts of this case, it must be decided that the defend is Mable for treight according to the measurement spe fied in the margin of the bull of lading, and not accor: ing to the measurement at the place of delivery. TOMBS POLICE COURT. Policy Shops Again. Before Judge Murray. During the last week no less than seven policy shops bave (to use the police phrase) been “pulled” in the Fourth and Sixth precincts, Tue q of the present week was opened yesterd by arrest of Frank Warren, of No. 139 Division eet. Conrad Bauer, of No. 111 0) the same street, bailed Warren in the sum of $2,000, “At Sight.” Frank McGuire, of Granam avenue, Brooklyn, Was arrested yesterday on complaint of Theodore W. Crambock, who charges nim with haying stolen & gold haunting case watch, vained at $135. McGuire Was held in delault of $2,000 bail to answer, They Had Colds in the Head. Hen Moss and John Pierce were held in $2,000 bail each, to answer the charge of stealing hand- kerchiefs to tbe value of $49 from John Pearce, of No, 106 Franklin street, JEFFERSON MARKET POLICE COURT, Purloining a Piano. Before Judge Smith. Mrs. Elizabeth Hunter, of 276 West Thirty-eighth street, Was arraigned at the above Court yester. day on a charge of grand larceny, preferred by one Adolph Dumahant, with S, X. Ball & Co., piano man- ufacturers. it is alleged that Mrs. Hunter some time ago hired a piano, valued at $450, from the avove mentioned parties, and afterwards moved the instrument from the place where it was deliy- ered (145 West Twentieth street) by the employéa of the firm, without giving any notice of such r moval. Mrs, Hunter was held in $1,000 bail to an- awer, which bail Was immediately furnished by Mr. Joun M. Vail. Trouble Among the Murphvs. James Murphy, of No. 136 Norfolk street, was ccused by Hugh Murphy, of No, 19 Stanton street, ‘with robbing him of $27. Hugh Murpby stated that he was a stranger in the city, and that he was induced to visit several drinking saloons by hia quondam friend, James Murphy, and while in one 01 the places visited by them tie prisoner took the above amount of money irom his (the com- plamant’s) pantaloons pocket and relused to re- turn it, Judge Smith held the prisoner in $1,500 Dail to answer at General Sessions, Arrested on Suspicion. Thomas McCarthy and Roberts Brown, who were arrested on Monday night by Omcer Reily, of the Twenty-ninth precinct, on suspicion of being con- nected with the horse blanket thieves who were raided upon in East Twenty-fourth street, were arraigned belore Judge smith, but remanded to await further evidence, COURT OALENDARS—THIS DAY. SUPREME VOURT—CrRcuIT—Part 2—Held by Judge Van Vorst.—Nog, 2170, 1003, 90234, 1848, 2864, 4420, 4370, 4372, 638, 2360, 2190, 2192, 835, 2314, 1776, 1600, 1984, 1760, Part 3—Held by Judge Lawrence.—Nos. 3887, 8353, 2115, 4381, 1625, 1921, 1963, 4417, 2131, 90334, 37134, 683, 2133, 2137, 2141, 2148,.2145, 2149,’ 2158, 2155, Davisy Nos. $8) thy 16, hy 408, Tee 460, "00, ake as —Nos, by 192, 198, 201, 217, 259, 261,” 270, 271, 282. SUPREM& COURT—SPECIAL Tgru—Held by Judge Of tay abd Mchea 7245, Bh, 98 ok 10m a of law and fact.—4 , 104, 1 107, 108, 109, 110, 141, 112, 1 lla, 15, pe 117, 118, ne ye ae 20, 121, 122, 123, 124, 195, 137, ise 30 140, i ie is, 1k lak 148) 149, 150. aa BS 181, 132, 188, 134, 186, 136, 142, 143, 144, 145, 146, 147, SUPERION® CouRT—GENERAL TBRM—Held by Juages Monell and curtis.—Nos. 7, 10, 16, 21, 23, 27, 36, 38. Surgrion CourT—TRIAL TseM—Part 1—Held by gnage Speir.—Nos. 735, 617, 711, 733, 199, 787, 763, ‘715, 718, 785, 671, 707, 545, 659, 607. Part 2—Held by Jadge Freedman.—Noa, 724, 726, 680, 712, 738, 552, 782, 694, 1540, 38, 651, 554, 770, 718, COMMON PLEAS—TRIAL TERM—Part 1—Held by Judge Larremore,—Nos, 211, 225, 228, 782, 2099, 805, 1256, 1231, 211 1816, 1817, 2238, Judge Loew.—Uase on, No. 1088. No day calendar. ComMON PLEAS—Equiry Term—Held by Judge J. F. Daly.—Nos, 27, 38, 45, 48. MARINE CouRT—TRIaL TERM—Part 1—Held by Judge Joachimsen.—Nos. 752, 753, 1820, ), 653, 1114, 1329, 2581, 776, 177, 778, 779, 780, 781, 782, ‘Hela by tage Alker. —Nos, 1924, 1856, 1978, 616,” 1617, ieee ane 1696, 1641, 1616, 1460, 68: 1268, 1147,’ 387, 1837, 1751, shite, , CouRT OF GENERAL SEssions—Held by Recorder Hackett.—The People vs. William Parker, robbery ; 8. Ed, do, felonious agsault and bat- tery; Same vs. Carl Ehrnoke, felonious assault and battery ; Same va. Nora Burrill, felonious as- sault and batrery; Same vs, James Fuite and John Mason, felonious assault and battery; Same vs. Heory Hartman, felonious assault and battery; Same vs. Jonn Taylor, grand larceny; Same vs. James. Brady, a faroeny; Same ‘vs. Hen Schaffer, grand larceny; Same vs. Marcillus Wai- ker, grand larceny; Same vs. James ae AL larceny; Same vs. Thomas Grady, Y cree ceny ; Same vs, Annie Duffy and Nancy Farrisey, grand larceny; Same vs. Peter Joraan, receiving stolen goods; Same vs. Florence Kennedy, grand Jar- ceny; Same vs. Willam Tucker, concealed weapon ; Same vs. Pau! Falk, violation of Sunday law; same vs. Margaret Lally, larceny irom tne person; Same vs. Frank Leon, felonious assault and battery. COURT OF APPEALS. ALBANY, N. Y., Dec. 8, 1874, Inthe Court of Appeals, Tuesday, December 8, 1874:— 1220, 1961, Ex Parte Motions. Genet vs. Davenport.—Motion to dismiss the a) , Martin J. Townsend for the motion ana 0. inbridge Smith opposed. No. 256. Parisea vs. Parisen.—Motion vo dismiss the appeal. John Townshend tor the motion. The Court took the papers. Mitchell ve. Wheeler et al.—Motion to dismiss appeal. D. L. Follett for motion and E. Moore op- posed, Appeals trom Orders. No. 46. AcalusL. Palmer, respondent, vs. Erwin A. Hussey appellant.—Argued oy Erwin A, Hussey, appellant, in person, and by Samuel Hand for re- ndent, No. 42. Juoliett R. ©. Brady, appellai va. povert #, ‘Brundage, Shert¢, [Pegs dent. Armed by C, Bainoridge Smith, of counsel for ap- Dellant, and by A. J. Parker lor respondent. No, 60, Horace B. Fry, appeliant, vs. Emily Fry, respondent.—Argnued by Charles E. Whitehead, for a penn and by Joseph Larocque, for re- No, 31. Anna Maria Calligan, administratrix, &c., respondent, vs. the New York Central and apes River Rauroad Company, ellant.—Sud- mitted. No, 281. In the matter of the petition of free- holders, &c., respondents, vs, tne Commissioners | of Highways of the towns of Allegany and Uar- rollton, appellants,—Argued by M. i; Aven, Qf 2 at gt appellants, and D. H. Bollés, for re- i 4 General Calendar. No, 119, Sarah L, Fitch, appellant, vs. the Amer- tean Popular Life Insurance Company, respond- ent.—Argument resumed this morning and con- cluded, Proclamation made, and the Court ad- {onrnea until We y, Decemoer 9. waite —_ he mem, islone. 3 Judgments aMrmed with costs.—Louise A. Par- Sons vs. Henry A. Tilden: Willig 8. Nelson va, Joon W. Kerr, Sherif, Sc. ; Ric! wiand vs. Benja- min A, eman; Tue Richmond County Gaslight ere, a. The Town of Middletown; William Lord va, Alfred Wilkinson. Judgment and order afirmed with costs,—Her- man D. Walbridge vs. The Ocean National Bank of New York. Judgment amirmed without costs to either narty 48 against the other in thts Coart.—Raohel Hop- pock vs. Joba C. Tucker, Jr. Judgment reversed and judgment for piaintit with costs with leave to the deiendants to answer pop permans of costs,—Gurret 8. Ayres vs, Meli- tia R. A. Lawrence. Order of General Term and Special Sessions re- and motion granted, with costs.—Ann versed Catherine Kamp vs. Heinrich Kamp, otnerwise known as Herman Krall. Order aMirmed and judgment absolute for de- fendant on stipulation, with costs.—De Witt O. Bates vs. tho Cherry Valley, Sharon and Albany Ratlroad pany. Motion denied, with $10 costs.—Anson Willis va. James Weaver ; James O’Brien, Sherif, &c., Vs. James McCann; Uriah Whitlock vs. James Day. Appeal dismissed, with costs.—George E. Hol- yoke vs. Samuel Auams; Atner Brown vs. Webster and others and the Keeny settlement Cheese Man- wiacturing Company, Calendar. ‘The following ts an amended day calendar for Wednesday, December 9, 1874.—Nos. 4, 21, 100, 30, 97, 120, 112, 111. THE MORRO MURDER OASE POSTPONED. Coroner Eickhoff did not yesterday proceed with the investigation in the case of Thomas Morro, who was fatally shot on election morning, accord- ing to previous adjournment, but postponed the further hearing of the matter indefinitely, No im- portant witnesses were present, but the frends of LJ 1 a pull ago gi golugn, 1} waa packed at Bow. | Morro ae pUdgavoring v9 Aad some DECEMBER 9, 1874.—TRIPLE SHEET, THE ELECTION MURDER. Opening of the Trial of the Coroner. TAMPERING WITH JURORS. Judge Barrett to Deal Summarily with the Offenders. Testimony Produced for the Prosecution. At the opening of the Court of Oyer and Termi- ner yesterday there was a great rush for seats, and in a very short time the courtroom was crowded. There was, as might be expected, ao unusual number of politicians occupying front seats, WhO watched the proceedings witn the Closest attention. But as the circumstances at- tending the murder of McKenna presented none | of the exciting incidents and promised no devel- | Opments of the nature that invested with such in- terest the trials of McFarland, of Stokes and of young Walworth, for their severa; deeds of shoot- ing to the death their victims, and whjch so | strongly attracted the female e!ement of the strong | | Minded stripe to attend the Court during these trials, there Was not a solitary member of the lat. fer to grace the trial of Croker. | Judge Barrett took his seat promptly at the ap- pointed hour. Counsel for the prosecution and for the defence were also punctually on hand; and | tne jury having taken their seats the case was about to be 1ormally proceeded with when a brief Gud unexpected interrupuon came irom the Dis- trict Attorney, ATTEMPT TO TAMPER WITH JURORS. District Attorney Pnelps, msing, informed the bad been drawn as a jaror, but why had not, how- ever, been examined, that he (the Juror) had been approached in a very suspicious manner by a per- | son representing himseif as an attorney and coun- | sellor-at-law. The person so approaching him had, sald the District,Attorney, acted witn very gross impropriety and flagrant lack of sense, to | Say the least. The juror who nad been addressed obtained the card of the so-called attorney, and that card he respectfully submitted to His Honor for him to take such action as he deemed might be proper in the premises. He was bound to say that the person alluded to was not any one of the gen- tlemen he knew to be actively associated in the case who were then in Court, Justice Barrett repiied that he had himself been informed that another of the jurors had been ad- dressed !n « very wrong manner by an unknown Person. the man, and was not aware of his name or sta- tion. In the other matter, however, he considered for the juror, reduce his statement to sworn writing and to obtain such other proof as might be available, and submit the whose to the Court. him and punish him for contempt, and also teke steps to have him disbarred by the next General Term of the Supreme Court. The Court would act | in 8 very summary manner. The District Attorney promised to give iis attention to the matter. WITNESSES EXCLUDED TILL CALLED TO TESTIFY. By request of counsel for the prosecution. as Weil ag those for tne defence, Judge Barrett | directed all the witnesses to leave the Court and not enter again until called to testify. OPENING FOR THE PROSECUTION. Mr. Roiling, in nis opening the case to the jury, said be was confident when the evidence was laid before them that the jury would pronounce the killing of John McKenna a brutal and wicked murder by the bullet of an assassin. There was no occasion for the use of firearms; the altercation Was @ trivial one; it was uot the cause, but was used as the pretext tor the execution of a murder- us purpose in the breast of the man who fired the bullet, and whether it was intended for McKenna or some other man the indictment was iramed to Meet both cases. Having given an outline of the testimony to be produced and illustrated it by Felerence to a diagram Tepresemting Second ave- nue irom Thirty-taird to Bure aren street, Mr. Rolling said be would not be tempted aside irom the main issues to make any comment on the ex- traordinary Heian I of the Coroner. If the jury beheved Richard Croker fired that snot they ought to have the manliness to gay it. 11 his nand did not fire it, then may give him good de- liveranee. THE TESTIMONY—JAMES O'BRIEN ON THE STAND. Ex-Sheriff James O'Brien was the first witness that responded to the call of the District Attor- ney. le immediately took the stand, closely serutinized by the mass 0) in the court. He testified as follows:—I at No. 134 East Thirty-fourth street; Rave not been in business ce since I ceased to Senator; Lan @ candidate for Con, at the last election, in the Tenth dis- trict; I saw Richard Croker about hall-past seven on the moraing of election day; I had come trom my house in a car'to the corner of Thirty-tourth street and Second avenue; | did not see Croker until I got to the corner; I saw Billy Borst, the two Hickeys, Croker and Costel'o with Sneri- dan, altogether; 1 was nodded to to step off the car, and I did 80; the crowd was threatening Borst with Stace 3 When I got | wo the crowd Croker saia to me, “We'll sweil our head for you to-day by 2,000;”” I retorted that Tata not want to talk to repeaters; with that I got struck in the mouth; 1 turned around to grab (rol when others shouted on, “Give it to the — —!" I backed out as as I could, the wravgling continuing, and, tarning around, saw McKenna tall down; 1 saw Croker have @ pistol ; the two Sheridans and Hickey had pistols s! the prisoner was standing very close to McKen- na when the frst shot was fired. In whose hands did you first see a pistol? A. Croker waa the frst man whom I saw with a pistol; law some smoke, and next saw, right afterward, McKenna tall. Q When the police arrived what became of the party? A. Weil, they were arrested and taken to the station house; there was some very loud talk in the station house; Idid not have a great aeal to say then, because I did not know their pistols had been taken away from them: 1 made charges against the prisoners; Croker wanted to make a charge agalnat me (or assault and battery. CROSS-RXAMINED by Mr. Fellows:-~I had been‘on the morning of the eection to the Jackson Ciub, corner Tuirtieth street and Lexington avenue; I coulan’t tell whether Borst was there or not; I know Michael Costello; I coaldn’t say if be was there; I know Owen Geogheghan; he might have been there. | Q Don’t you know that ali those men took breakfast at the club? A. No sir, [ donot; I have never been in Owney Geogheghan’s Never? A. Never. Do you know whether Mike Costello, Borst, Hogan and Sigaqieaben, are residents 01 your Von- greasional Gigtrict or nov? A, Idou’s know that yhey are. say bi Q Do you know @ man tn that district called the “Brate?”’ iat objected, and the question was not an- swe Q you know at whose solicitation the men I have mentioned appeared in your district that morning? A. No. Q, Wore they there at your request? A, I don’t know. ‘ Be cw ee em 7 DO you know if they were there in your in- tefest? A. I don’t know. itness the positions cnn vy all parties to the row on the diagram. Croker and myself bad been at political enmity tor some years, but it was nothing that amounted to any- thing; just before McKenna fell 1 saw Croker put the pistol to his head; I reel periectly confident that Croker was firing at McKenna and intended to kill him, Q ls your memory better now than at the Coroner's inquest? A. Weil, don’t know; 1 did not have much confidence in the Coroner's in- quest; ad it was more Of @ sham than aoy- thing else. vid you ever tell Mr, Nevins, a reporter for the Associated that you Croker throw bis pistot in the otter firing it? A. T'don't think Lever di hought he gave the pistol to one of the Hickeys; { cannot swear positively tnat he handed his lito any one, but I think he gave it to Hickey, as L saw him kind o’ rub up against him; 1 calied out loudly, ‘“Oroker, you murdered that man,” upon McKenna pros- trate on the ground; i then called on the police to arrest the ties; my words to the police were, “Arrest Croker for murder, and the others have also shot somebody ;” I know both sergeants of police in thas precinct; I had nothing todo with their appoint.nents. Q,. Did you not solicit the Police Department in their behalf? A. Why, the men were on the police before I knew them. A recess Was here ordered for three-quarters of an hour. Court that last night he had been informed by a | gentleman who met him on the street, and who | The juror had substantially thrust aside { it nis duty to direct the District Attorney to send | I necessary he would cite the attorney betore | and fall; from the time I was struc! t lose sight of Croker, Pte ate tae | Counsel read from the testimony before the | oa they the ‘ y n all pulled pistols and hallooced “Give tt to the oy Iekhay true? Ae I said Mt was Hickey that cried out, “Give it to the aa | Q. Before the Coroner you swore that it was | while you were away ior’ tne police the shot was | fired? (Testimony handed to witness.) A. That | ie what J swore, but i cannot into everything; | T don't remember rene a % they all pulled | piasala a 1 swore beiore, the frst pistol | saw was | wit er. | Q. You swore that when bringing the potice to | arrest Croker, “I first saw McKenna, and that | then he fell, and I saw Croker put the pistol to bis | nead and fre; with that Croker handed the pistol | to Hickey or some one.” 1s that true ? Upon these poimts witness was cross-examined, | but bis answers were not at all given in support of hie previous testimony. | Witness—Hickey, aiter the first fring, had a | pistol directed at me, and | backed away, and | then he (Hickey), when Craig went to pick Up Mc: | Kenna, fred down at bin. To @ question, in response to which witness de- seribed the position of himself, Croker and Mc- Kenna, he placed himself in tront o/ Mr. Feliows; | then he said McKenna came from there, and | he pi yd between us Croker fired and McKenna | sell, Considerable time was lost in @ vain effort to | get witness to expiain his testimony before the Coroner as to the relative positions of the parties at the time of the shooung—the witness having 00 | very clenr idea of the points of the compass, and continually losing all idea of his reckonings. Did you see Croker when he put the PISTOL TO M’KENNA’S HEAD? A. I did; I first saw the smoke and then heard the report; it was @ short p:8tol; conld nos tell | Woat Kind ofa pistol; had no pistol that day; Dad @ pistol upon one cecasion, eighteen years ago; | drew iti an encounter with Rocky Moore; ne shot at me, but! did not fire at him; don’t re- member upon any occasion drawing &' kaoile upon & police captain, ‘nis closed the cross-examination, the defence fntimating to the Conrt and prosecuiion snas if iat deemed it necessary they Would call him ain, TESTIMONY OF W. H. BORST. Wiliam H. Borst, sworn tor the prosecution, | lives at No. 137 West Forty-ninth street—On the morning of the 3d oi November saw Croker at Thirty-tourth street and Second avenue; the two Hickeys aud Sheridan were with him; Croker was Standing on the avenue facing the houses, near the corner of Thirty-fourth street; I said, “Good morning, Coroner ;” he asked me what | was doi there; I'saw O’Brien passing on a car; he got o: @nd came over and said, “What is the mateert?? Vhen Croker said, “1 want you thieves to get out of this;” Croker calied O’Brien a thief apd O’Brien called bim an ingrate and a repeater; with that Croker hit O’Brien, and immediately after Hickey pulled out @ pistol; O'brien and Croker clinched and Croker backed away from him, when O’Brien called for the police; then McKenna rushed at Hickey, when Hickey retired and fired and McKenna wengeered and Jeil; after I | heard tue tirst pistol shot 1 looked and saw Croker with @ pistol in his hand—I thipk in his right hand; Stephen O’Brien went to pick McKenna up, and then George Hickey again tired at him on the Ground; I ran into a doorway and when 1 lookea | Out saw the two Hickeys and Sheridan on the | Taliroad track; tney had pistols; 1 think eight shots were fred tn all; 1 aid not see Croker when Hickey fired, but aiter that 1 saw Croker go over to where McKenna lay on the ground and look down at him and step over him; I think I saw @ pistol in Croker’s hand; was alterward at the Station house when Craig came in and asked Croker what be shot his cqugin ior, CROSS-BXAMINATION, Was not in'O’Brien’s district that morning by | invitation of any one; the fret pistol drawn that I saw was by Hickey; that was in ull view of O'Brien; 1 think there was a policeman there ; When the first shot was fred; don’t know where Costello was at thac time; McKenna was going for Hickey and made a bat him; then the shot was fired, and McKenna staggered and fell; Hickey bad the pistol out; remember seein Stephen O’Brier go out to piok up the man, an tnen Hickey fired again; can’t say whether he fired at Stephen U’Brien or'at McKenna, who was then on the ground; don’t know where Croker ‘was at the time. Q Did you say at the Jackson Club that morning who fired the shots ? A. I said Hickey and Croker. Michael Costello, sworn ior the prosecution— The main pots in the testimony of tuis witness were calculated to throw much ligit on the particulars of ihe fatal occurrence. During the he was at the rear of the crowd; did not see McKenna shot; afterward saw pistols with Sheridan and Hickey ; also saw 8 pistol in Croker’s hand as Croker stepped off the curbstone; the pistol was elevate On the cross-examination as to the whereabouts of himself and the witness Borst on the previous evening, and how they spent the night, and the circumstances attending their appearance at the | scene of the shooting on election morning, Wit- hess, in almost every particular, contradicted Borst’s statements. At the close of the cross-examination, the next ‘witness required by the prosecution not answer- ing to bis name, the Court adjourned at five O’clook to ten this morning. THE SCANDAL. Tilton vs. Beecher=One Thousand Ju- rors Sworn—Argument of Counsel in the jeo—Next Monday the Appointed Time. Before Judge Neilson. Several minutes belore ten o'clock yesterday forenoon the corridors of the Kings County Court House leading to the Brooklyn City Court room were thronged with persons who were desirous of attending the celebrated trial of Theodore Tilton vs. Henry Ward Beecher, which was upon the calendar for that day. When the door leading to the court was finally opened a rush was made to cross the tnreshbold, but anticipating the pressure that was brought to bear to obtain ingress, two oMcers were placed at the entrance, who chal- lengea every ove applying for admission. They were required to explain that they were either jurors, witnesses, members of the bar, or repre- sentatives of the press, Of the latter fra- | ternity' the representation was extraordinaniy great, iully Mity reporters being in at- tendance. Had the case been proceeded with the lack of proper accommodation would have materially inconvenienced the news- paper meo. No ladies were admitiea to the hall ‘Of justice, much to the chagrin of hundreds of the fair and ingaisitive sex, who exhausted their gentle influence upon the court powers that be to attain thatend. In the gallery, however, there ‘Was @ large representation of young men whose Presence could well have been dispensed with. General B, F. Tracy, General Joun K. Porter, Messrs, Shearman and Aill appeared in the in- terest of Mr. Beecher, and the plaintiff, Mr. Tiiton, Was represented by Messrs, Fullerton, Morris and Pryor, Judge Nellson took his seat on the bench shortly alter ten o'clock, and sald that all they could do was to call the jurors and let the case stand over. The jurors called for the special panel were then | instracted to answer their names as callea, Frank Mallison, clerk of the court, then proceeded to call tbe panel of 1,000 which had been drawn, ana which was composed of & most respectabie class of men. Among the jurors called, but who, of course, did not respond, were Theodore Milton, the plaintiff in the action, and Franklin Woodrag, who isa partner of “mutual friend” Moutton in | busines, My; Tilton was present during the argu- ment which ensued. Mr. Tracy said it might be as well, if the Court so pleased, that the jurors be permitted to take their departure, as the case could not be pro- ceeded with to-day. Mr. Morris said they were prepared, and their witnesses had ail been subpoen: to go on with she case, Mr. Shearman said that they had gone before Judge McCue last night and had obtained from the Court a stay of proceedings until such time as the plaintiff furnished them with @ bill of par- ticalars, The order would be returnabie on next ‘Tharaday. THEY DID NOT DESIRE TO GO ON until Mr. Evarts, senior counsel, who was now ab- sent at Washington, should return, as they de- sired to consult him on the sabject. It would also be necessary to examine the bill of particulars, if granted, and they would suggest some day next week for going on with the case. Mr. Morris said that if the counsel desired an early disposition of that application he did not see ‘why it might not be disposed of now, without de- lay. The contingency was suggested when they made the application to have the trialof the criminal indictment set down for that day. Tho District Attorney had then opposed tne motion on the ground that this case would certainly go on. Counsel said then that even if this case certainly went on the putting down of the criminal indict- ment for the same day woulddo no harm and would work no confusion or inconvenience. The | hauste | would substantiate taem, 5 ——- they nave means unfimivea. 11 they want an early trial that is ail the plaintia wanted or asked ior. ‘They invited them oe trial oa the indictment now re this jury; and although they were place@ at the disadvantage of tueir havin, the last summing up to the jury, and althong! we (his client) there charged with acrime, yet, witn all these disabilities, Inn 3 in- vited the contest and challenge the other side to the issue, Why not go on with the tral of the in- dictment against their client (Mr. Tilton) now? Tuey had been charged witn Deine: shies action Jor mercenary purposes, but they had no aiterna- tive but to bring om the trial as they Bad done. Could they BE TRIED ON THE CRIMINAL INDICTMENT AT ONCE tiey Were ready to discontinue the civil action. More than two months have clapsed since the in- dictment had been filed and every attempt to bring it to trig! had been met wiih @ stay of pro- ceedings. They did not want money; they di Dot want @ verdict of damages, but they want 0 opportunity in this Court to vindicate saeir cent. Ibis a eres wrong that these delays should be permitted time and again to interlere With the due course of justice. They would ex- very means in their power to have an early disposition of this issue. Mr. ‘racy submitted that tt was @ matter of | Profound regret than in a case of this grave im- portance no motion can be made without giving ‘40 opportunity to the counsel on the other sid@ to make @ barangue to the public, for that was all he could cali the speecu of counsel. A& to the motion made, it was a simple suggestion that it was. perteany evident to the counsel engaged the case that it would be impossible to move in the case to-day, in the begimning of this case tne newspapers were trying it, but now the newspapers bad turned i over to the courts to be tried, and th to conduct the case in accordance of law and the rules of evidence, not propoee to refleet upon the plaintiff or say anything against his case, as he is responsible to ® higher authority and to himself tor the institu. tion of this suit. The cbarge that there has been @ disposition for delay on the part of tuts defence ey are trying With the rules Mr. Tracy did | 18 gratuitous and unfounded. Wher this case was first presented they held that they had tue legal right to know from this plaintif the times and places in which he pro} d to charge that the defendant was guilty of fences stated tn the complaint. They doing tt to avotd being surprised atthe trial, They claimed that it was the right of every man, however humble, to know. on which poinis he must be prepared to assert his innocence of the charges brougnt against him. It was infor- mation that they could readily have accorded, for it is to be presumed that he never made these AWFUL CHARGES AGAINST 1113 OWN WIFE and the motherof his own children, and this de Jendant, without knowing when and where he pecan to prove that offence was committed, hey asked him to give that wife and the mother of his children and the defendant in this case the information of when and where the odences charged were committed, that they might be pree pared to come Into Vourt and establish tueir inne cence, That right had been reused, ‘They then appealed to the General Term of the City Court Without being successiul. Next they appealed to tne hignest Court in the State, and he would vene ture g say that the case was rushed through there in @ manner which has no precedent in this Stace. The defendant is not responsible for the delay. The Court of Appeals had decided that tus Court was supposed to exercise its discretion in compelling the plainti® to furnish the tn- formation sought for, The General Term had granted them an order, wiico was return- able on Thursday, and it il became the other side to accuse them with delay. Not a moment’s delay had ever been made hy this de- fendaant, and there never will be. This is a case (Involving greater issues and striking deeper at the foundation of morality and Christianity than ‘any other case ever brougt into a court of jus- Nice, and the couusel therelore submitted that the dignity of the adminisiration of justice, the char- acter of the counsel charged witn the great interests, demands that nv steps be taken in the proceedings of tnis c: without deliberation and careful study, and t we proceed regularly ana orderly, esc party baving granted to kim that the law grants und every opportunity to assert tne Mabilities of the defendant on the one side and to resist them on tbe otner. As to the point of law raised touching the continuance of tne triat over the term, the deience would be willing to stipulate that the case continue at the discretion of the Vourt. AS TO THE CRIMINAL CASE, he said there seemed to be a studied effort to bring it on so that the wife and mother so deeply interested for time and eternity in this case must have her mouth sealed walle her husoand and ber accuser can stand jorth and accuse his wife and the mother of his children. If they are so anxious to assassinate her would they arrange it 80 Lnat her voice can be heard 1n favor of her vindication and the legitimacy of her offspring, and not to press @ prosecution where her mouth is close. Mr, Fullerton remarked that it appeared to be the desire to give the impression that obstacles had veen thrown in the way of tue trial by the pros- ecution, The two couasel who had spoken for the defence had so expressed themselves, ‘Ihe Court of Appeais has left the disposition of the motion jor a bill of particulars to the City Court. He (the counsel) would guarantee to give the defence in thirty minutes the biil of particulars, and the ques- tion a8 vo the order for a stay of proceedings could be decided then. There was no reason why the question should not be decided vetore the day’s sun sets. He woula suggest that the order beiore Jacge McCue be mouified fortn- with. (¢ had been sald that the wile and moter could not be heard as a witness. ‘Yo that assertion he woula Bay traly on the criminal case, surely the defence might have influence sufictent to pre- vail on the District Attorney to doso, and toey would give @ stipulation that both mother and daugnters shall be witnesses in the case. In order vo show their sincerity in desiring that this serial progress be would guarantee that counsel jor the Plaintuf will offer no objection to continuing this trial into another monta. It was absurd ior the counsel on the other side to say they woula con- sent to this trial ranning over to anothér term of the Court, a8 a lawyer knew {ull well that his con- sent could not give jurisdiction to @ cuurt wnicn the Jaw of the land Not accord. Suco @ con- sent ig, therefore, worthless. Let all the blame ee ee where it rightly belongs. Tous far it been postponement after postponement, retreat after retrea’ SKULKING BEHIND THIS TECHNICALITY AND THAT TROBNICALITY and puiting of that day when we expect to prove every Charge that we have made. We have made none that we cannot prove and substantiate be- fore the jury and tbe world. To that responsi- bility counsel gladly submitted. Tne cause of morality and Christianity demanded ito) them that these charges be made, because they were true, and, being true, toey were ready to and ‘ould the counsel on the other side, he asked, Bo, now into the other room and argue before Judge McCue that order which is made returnable on Thu! ? Snoul the Court decide against them they wouid qiil- inely give them that bill of particulars for which 80 ey are anxious, mr. Tracy, in réplying to Mr. Fullerton, said:— If this plaintiff? made these charges under a tagh sense of duty to the publicor to morality it is to be feonly r tted that it took him four years to tind out his duty, and only saw it clearly when he found or thought be found tnat this aefendant had interfered with him in his business arrangements, He bad Bog arcyved the counsel for tue piaintif of any tutention delay this cause, and he nad never impugned his motives, although he had never entered any Court where tuey had not cast imputations upon the counsel tor defence, An or- deriy motion had been made to the Special Term because Mr. Evartse, who they desired to consult, Was absent in Washington, and it was the inten- tion of that counsel to argue the motion fora bill of articulars, ag the matter is in the discretion of he Court. Suppose the bill of particulars is ranted and the plaintiff! has it here to-day. nere may be charges that they have never heard of It is mot to be supposed that they can rush suddenly on to the trial of the case without even time to read the particulars charged. They should bave a reasonabie time given them to pre- pare, and then they would be ready tor trial, The case was finally set down for trial at ten o'clock on Monday morning next. The panel of Jurors was called and sworo. THE PROOTOR-MOULTON sUIT, Francis D, Moulton, defendant in the action for damages brought by Miss Kana Dean Proctor in the United States Circuit Court, was yesterday coudined to his house by @ nervous attack, which ‘wil prevent, it ts believed, his at:endance at the trial to-day. In the event of his absence the trial Will not proveed this week, WORK OF THB OORONERS Coroner Kessler was yesterday notified to hola an inquest at the Morgue on the body of Robert. Vista, who died in the Tombs, where he had beem committed to the care of the Commissioners of Charities and Correction on @ charge of insanity. Frances Williams, @ child three montha old, Whose mother ts 1n the Tombs on charge of grand larceny, died in that institution on Monday night. ‘The body was sent to the Morgue and Coroner Kessler notified, Annie Evans, @ woman thirty-three years of age, and 4 native of Ireland, who had been sick sor some days, died suddenly. Deceased had been at- tended by four physicians, neither of whom, how- ever, would give @ certificate. Coroner Kessier was notified, Charles Skin, @ colored bootblack, t! years: Of age, was taken suddenly ill at the corner of Grand and Thon) streets and died while on the way to the Ciuct station house, The bod; sent to the Morgue and an inquest will be Held by Ooroner Woltuan. 1118 @ man twenty-two years of age. bed of ag — Hroaaway, Tea’ yortorday a ilevue Hospi About two m - ceased was fatally injured by failing on an eleva~ co aeoeane same issue involved in this civil action 18 raised by | tor through the hatchway of premises No, 660 James, Olbrieh again took the stand. It was | vn indictment—the same preparation, the same | Broadway. An inquest will be held by Coroner nt ie Calied for lice to ur+ . Fest that murderer, Orokers the blow came irom | Witnesses and the same proceedings are essential, | “ine taly'Gran antcowa man, thirty-five years: behind tuat struck bim, the blow he received irom | though in the trial of the criminal indictment the | of age, was yesterday found lying in the basement ve we same Durden 1s upon Us. One thousand jurors | of hone No. 168 Eighth avenue, occu ir. How, then, dtd you know who strack you, | have been summoned here to-day at @ great | Williams. Deceased nad light complexion, ‘ight nk came from behind? A, I saw Croker moving | expense, and his client has been put to a | hairand mustache, and wore dark blae coat and ik aiter giving me ‘plow; didn’t see who | great expense in preparing for this trial, His | vest, brown overcoat, striped pants, Congress struck me till [ turned around, when 1 grabbed for | means are but limited, and these proceedings | gaiters, black felt hat and ordinary underciothes. Croker; there was @ kind of scrimmage on the | have entirely destroyed his business, agriev- | The body was sent to the Morgue and Coroner aidawale; Taqy Di@KRanA more gM the sidewalk | ous burden WuoR mi, While ubaM phe ower side | Keasier nosed.