The New York Herald Newspaper, December 12, 1874, Page 8

8 Le THE COUBTS. Te Novel Application for a Writ of} Prohibition. A CHAPTER ON CS AMPAGNE The New Jersey Steam Naviga~- tion Company. PROCEEDINGS IN THE CRIMINAL COURTS. In the suit of James P. Cummings vs, Coilector Arthar to determine whether a certain imporia- non of goods made by tue plaintu comes under the bead of burlaps, subject to a cuty of tuirty per cent ad valorem, or are oilcloth foundations, lia- ple toaduty of forty per cent ad valorem, the Court has reserved some legal questions for con- sideration. Judge Beneuict satin the Unitea States Circuit court, No, 27 Chambers street, yesterday, for the purpose of trying criminats, No case being ready jor trial the Court adjourned until Monday next. | In the United States Circuit Vourt, before Judge | Blatchford, an injunction has } Against William 8. Reynoids, George BE. Downing | and Christopher H. Muller, enjoining aud restrain- ing them from using or iniringing the patent Known as the Mege patent for manufacturing beef suet or fat into artificial butter, The Mariposa Land and Mining Company prom- jses to furuish Jertiie matrer ior lawyers for | some time tocome, In proceedings yesterday be- | fore Judge Davis in Supreme Court Chambers for | the appointment of a reeeiver of the company no Jess than three lawyers attempted to talk at the | same time. Judge Davia speedily brought forty | order from the chaos. Jt fimally turned out that there were two motions for the sequestration of the property of the company, and to avpolut a receiver of the | company ior the benefit ofall creditors, The case | of Euvene Kelly, the banker, against the com- | pany was introduced, and Judge Davis said he | would take the papers in the present motivns, and | when the case of Mr. Kelly came up on Monday Bext he would decide the whole matter as to the Jujunction and the appointment of a receiver. MARINE COURT JURISDICTION. There was an wmteresting argument yesterday beiore Judge Davis in Supreme Court Chambers on application for a Writ of prohibition against tne Marine Court. The application grows out of a suit begun in the Superior Court, in which Lewis Alexander seeks to recover trom Jacob Bennett Some $2,7(0, alleged balance due jor money de- posited in his bands. Judge Frcedman, holding Speciai Term of the Superior Court, transierred the cause to the Marine Court. This was opposed by Mr. Algernon S, Sullivan, the deiendant’s counsel, and the question was argued be- gore the Superior Court General Term, the point raised being the constitutionality of the act Under which the traveler was ordered. Mr. Matthew P.Breen, the ptaintifl’s counsel, contested the constitutional ovjection, Meantime the case was moved to the short cause calendar of the Marine Court, wheo Mr. Suilivan applied for a writ of probibition interdicting the Marine Court from trying the case. In bis argument yesterday he claimed that the act uucer whico toe transfer was ordered is unconstitutiosal, and theretore void; that the trial of tue cause tu the Marine Court would cut bim from upyedl, and that this act abriages the jurisdiction of the Superior Court and interferes with the rights of suiters. It was further urged thatthe act is unconstitu- tional because it is in vioi@tion Of section 16, arti- cle 3, of the State constiiution, which prescribes That “No prtvate or local Dill Which may be pussed by the Legisiature shail embrace move than one gudject, and that shail be expressed in tne title.” | 1D Opposition to the application it wus main- tame. by Mr. Breen, counsel for plamtid, that the | act Wus not unconstitutional; that it dia not take away irom apartytoa eutt which should be re- moved by virtue 01 its provision, auy subs'antial fight or remedy; that the act simply acected the matter of practice and preceedings im the courts 60 far as to provide a speedy trial by removal of causes from the Superior Courts of | record in the City of New York to the Marine | Court; that tuis was BO hardship por depriva- tion, since the Marine Court, haviog ail the appli- awces to try causes apd render judgments the same as other courts of record, must be presumed to be capaale of as jully administering justice as | they.are. In answer to the ovher objection that the uet was ajocal one and embraced more than one subject, he cited the recent Cecision of the Court of Appeais 1a the case Of police Justices of tuis city ia support Of hig position, tbat the act im Telation to the Marine Court embraced but one subject, and that was properly expressed in the title, It was further Mmamtained that this writ | Was an unusual remedy, and one which the Court se!dom and only in the most urgent necessity ever granted, and only when there was no other com- plete and adequate reme Judge Davis intimated that upon this applica- tion he would only consider wheter it was a proper remedy, and then whether the circum- Stances required the iasue Of the writ, which in- cluded the decision of the question Of the consti- tutionality of the act. Counsel replied that if this Court, upon this mo- tion, undertook to decide whetuer thé act is con- stitutional, then it mast consider the pos- Bivility of the Superior Court, General Tv eciding the appeal trom Juage Freed- man’s order Of removal in confitet with the decision ol this Court. in other words, should this Court issue the writ and the Superior Court, Generai Term, affirm the order of removal, an declare the act constitutional, the plainuf wouid be denied his substantial right to the premises, and then ve provibited from trying bis cause. At the conclusion of the argument Judge Davis took the papers and reserved his decision. A CHAPTER ON CHAMPAGNE. In the United States Circuit Court yesterday, | belore Judge Nathaniel Suipman, the case of De Barry & Uo. vs. Chester A. Arthur, Collector of the Port, came on for trial, The plaintiffs are im- porters of champagne in this city. They imported & quantity Of that wine, upon which, in addition to the duty of $6 per dozen boitles, the Collector assessed a tax of three cents for each bottle. The latrer tax Was paid under protest. The plaintifts bring the present action against the Collector to recover buck the excess of duty paid by them on | bearing Upon the duties leviable upon champagne and otuer wines, Champagne, he said, was never dealt Ip a8 Wine, but as champagne; and we fact | that Congress took Champague out of the ordinary Caiegory Of Wines showed (oat it foliowed ihe or- dinary commercial term by Whicb champagne was koown, Champagne was always imported in Dottie and Dever Otherwise. ‘Ihe bottle wus ao Most a component part of the article. Champagne Wus made ina bottle, pever imported in casks, and it could not be made otherwise thaa in the botwe in whieh it finally came to the tables | ot those who consumed it. The act un-| Ger which the present is 6 imposed on the article Is ction of the act of July 14, 1870. It says:—“On champagne and | all otter sparkling wines In bottles, $6 per dozen | bottles, con(aining each not wore than One quart | And more (hau one pint, @DG $3 per dozen butties containing not more thaD ope pint each and more than oue-ball piut, and $1 50 per dozen bott containing ove-balf pint eacd or iess: apd tn ties contalning more than one quart each shall pay, in addition |o $6 per dozen Lotties, at tue Tate of $2 per galion Ip excess of one quart per bottle, provided that any liquors containing more than twenty two per centum oO! alconol, which shall be cutered under the name of whe, sbali be forieited to the United States, and provided fur- ther that wines, brandy and other spirituous liquors imporied shall be packed In packages con- tawivg not jes# than one dozen bottles in each | package, and aii such botties shali pay an addi- tional duty of taree cents for each votiie.” The ‘gument of couusel for the plaintiff was that as champague could only be imported in bot- tleg, ud LOL oLherwise, it was never intended by pe Sere “ad ue hes in which the wine was contained shouid be iiadie to @ separate du’ { the article steel a . agin he piaintif offered io prove that cna ‘was manufactures 1 dort Sadist Mr. Tremaiu, United States Assistant pistrict Attorney, ovjected on the ground that tr they en- Jered on that subject there was no knowing where they would stop. Jadge Stipman said that he was anxious to jet Ali the facts go in, #0 that If the case were to go | to the Supreme Qourt that Court shouid have all ‘Yhe facts before It. Mr. Tremain took the bene@t of an exception to this ruling. Some vocamentary proof having been gone tanto, evidence was given to show that champagoe could not be manafactared without being put ina Dottie and that the hotties in whieh it Was made the bottles, Counsel for the plaintiits, in Opening the cuse to the jury, referred at considerable length to the various laws | | | unial yesterday before Judge Van Vorst, holding | Spectai Term of the Supreme Court. | G. Losere and another. | carefully examined the testimony in this case in KEW YORK HERALD, SATURDAY, DECEMBER 12, 1874--WITH SUPPLEMENT. m France were the bottles in which It Was tm- | ‘ported into this country. ‘The case will be resumed Tuesday next. NEW JERSEY STEAM NAVIGATION COMPANY. This compeny was chartered in 1830, the charter betng for thirty years. It ran several steamboats, some on the Hudson River and some on Long Isiand Sound. Among its directors were Daniel Drew, Jacob A. Vanderbiit, Jobn Engtts, Henry B. Norton and solomon B. Stone, The capital stock | Was $600,000. The company proved a maguidcent | financiai success, it having, 48 alieged, | before its dissolution, divided among the | Stockholders 100 per ceut, or nearly $1,000,000. Tuls division of profits 1s said to have been made MM Anticipation of the expiration of the charter | @nc ignoring certain claims pending agalnsi it. Among these claims Was ove lor $6,004 33, vetag a judgment obtained against the company by the Security Jusurance Company a8 damages for the | Collision of one Of its steamers with & canal boat, | | such jadgment having been obtained tu a suit 1D | the Superior Court, A ¢Xecutlon Was issue the judgment aud returned unsatisied, This judz- | ment, meanthine, Was Obtained In 1863, tue cause Of | actiob having, as stated,.vccurred some four years previoasly. The matter was Lot atiowed WO rest ere. Suit Was brought by the insurance company aguinst the directors named above to recover the amonnt of tnis judgment, and the case came to The forego- | ing recital is based on the allegations in the com. Rea made by the insurance company. The de- fence is that the cause Of action did not accrue | belore the winding up of the company. In the case | toere 1s @ large retigue of counsel, and it is proba- bie at will last through several days. BUSINESS IN THE OTHER COURTS. OEY UNITED STATES DISTRICT OORT. Powers of Assignees In Bankruptcy. Betore Judge Blatchford, 1n the United States District Court Judge Blatch- | ford rendered @ decision yesterday in the matter of Frederick Horst, Avsignee, &c., v8, Ubristian H. | The Judge says:—*I have ton stree Thursday night. Seay. digmomered a number of men engages mm the tal pastime the aa surprised by Moers, and | were ali made prisoners and arraigned tnis day at Jeferson Market vefore Justice Sinith, wao heid the proprietors in $700 and the spectators in 6300 Dail each to answer. FIFTY-SEVENTH STREBT POLIOE COURT. The Ring Robbery. Before Judge Otterbonrg. George Williams, the young man who was ar- rested on Thursday in Kast Twenty-first sireet While running away with a tray of gold rings, val- ler, No, 264 Third aven charge Of grana lurceny. puud J, Zingerebe, the boy who wes oliarge of the store at the time of larceny, showed that the accused went into store and asked to see some amethyst rings. | tray containing the =e was taken from the caso and shown to him, At that moment a coniederate entered, and, Laving distractec the attention of the boy, the accused ran out tuto the strect with the tray and was arrested with it in in the @ 1B poss don | sion, He pleaded not guilty, but Was heid in $3,000 |} bail to answer. Felonious Assault. Henry H. Muxiow, who keeps @ feed store on Jumes Miller. pital, unable to leave his bed and suffering se- verely from interval and other injuries imficted, as alleged, by the defendant. On the compiaint of Officer Tooker, of the Nineteenth precinct, Mux- low was coumitted to await she result of lis vic- tim’s injuries. Escape of a Prisoner. A few days ago a boy named James Callaghan was arraigned by an officer of the Eighteenth pre- cinct on a charge of disorderly conduct. He was placed by the police court oMfcers witnin the prisoners’ enclosure, in front of the bench. While the attention of the court officers was attracted to another prisoner within the rathng, who caused some confusion by his il conduct in presence of the Court, Cali bench on which he was sitting and left the court unobserved, He has not yet been rearrested, Attempted Burglary. William Osmond, of No. 565 Third avenue, yester- the light of the views submitted by the respective | counsel, and am of opinion that the plaintiff has | failed to make ont hts case by a satisiactory pre- | ponderance of testimony. As between the bank. | Tupt and the defeudunts there war a lull and valid consideration for the goods received by the latter, and the transaction is net impeacked unless it can first precinct, and, on being arralimed in Court, | be shown to be repugnant to the provisions of the | Bankruptcy act. As 10 that itis not estabbened that the defendants had reasonabie cause to be- | Neve that &@ fraud on the act was intended. But the assignee liad reasvpabie ground jor bringing the oo ud the bili will be dismissed witnout costs.” SUPREME OOUBT—CHAMBERS. Decisions. By Judge Davis. Roosevelt Hospital vs. The Mayor, &c.—Judg- | ment granted, | By Judge Donohue. Dunker vs, Ridder.—There is nothing in these | papers to entitle the party to anew trial. Motion | denied. Memorandum, | Mansell vs. Thompson et #l.—Motion granied. | New York Northern and Ugdensburg Rallroad Company vs. Guest.—Motion granted. Matter of Berg et al.—Order granted. Matter of Moscher.—Reference ordered. SUPERIOR OOURT-SPECIAL TERM. Decisions. od Judge Sedgwick. Rosenthal vs. Winder et al—Motion granted, on payment of $10 costs of cotton and oi assessment of damages, 2uswer to be served within five days; @nori notice of trial to be taken; judgment wo stand as security. Gérman-American Bank.~—Motion Welsd vs. tea, = By Judge Speir. settled ard motion jadge Gould vs. Moore et al.—Case for a new trial denied. Chapman ys. U’Brien, Sheriff, &c., et al.—Motion denied, with cosis. McMicken vs. Lawrence.—Case settled. COMMON FLEAS—SPECIAL TERM. Decisions. By Judge Robingon. Mcintyre vs. Mclntyre.—Motion denied, By Ma A Jenkins vs. Heciit.—tive per cent altowed to the | defendant as allowance for bis costs On the xMount | claimea. COURT OF GENERAL SESSIONS, Burglaries and Larcenies. i Betore Recorder Hackett. | John Boddy and Philtp McDermott, who were | charged with burglariousiy entering the house of Isaac Baer, No, 208 East Thirtieth street, on the night of the 25tn of November, picaded guilty to | an attempt at burglary in tne second degrce.; John Reidy, who was indicted for attacking | James Smith on the 3d of this month, aud stealmg | gevyentecn cents irom him, pleaded guilty to lar. | ceny Irom the person. | These prisoners were each settenced to the State son ior the perioa of five years at hard jabo-. \ lsadore Goldstein pleaded guilty to stealing a | valise, contwluing $600 Worth Of human hair, on the 4tn Of this mouth, the property of Louis Ster- ling, a resident of Brooklyn. (he Court seat this prisouer to the State Pr.son for jour years and six Invaths, Peter Jourdan was tried and convicted of recety- | ing jeweiry and lace trimmings, valued at $100, kKuowing the property to have peen stolem by Maiimie Bauer from Miss Noe, by Whom sue was employed as a diressMaker, the punishment in flicted was imprmsonment in the State Prison for three 5 ears. Wiliam Parker pleaded gulity to committing an assault and buttery upon August Lorenz ou tie 17tu of October, by striking him several Llows on the head. Tne Recorder sentenced bim to one year’s fete m the Penitentiary, Annie Kenoey, who, on the 2th of November, siole $75 from Pacrick McMahon, pleaded gulily 10 au attempt at grand larceny. She was sent to the State Prison Jor two years ano 61x montis. pumuel Linfon pieaded guilty to stealing, on the 27th of November, a quantity of spoons and jew- ely, the aggregate value of which was $131, be- longing to busun Lintou. He Was remauded for seutence. Frank Fitzpatrick, a little boy, indicted for | stealing thirty cents from the person o: Edward | Dever, pleaded gulity to an attempt to commit the offence. His Honor sent nim to the House of sage. Joun P, Hickey, Who was vnarged with stealing $10 on the 34 of November from Edward Deunis, pleaded guilty. lie was sent to the Stave Prison for one year. Joho Kenney, who was charged with polnting a pistol at Thomas Beitigan, on the 5th inst, pleaded uilty fo wesault and battery, and was sent to the Feut entiary for twelve montis. Montaierti Luigi pleaded —, to an indict- ment charging him With assaultiug Eva Keed on the z7th of November, He was sent to the Peni- | tentiary tor three mont | TOMBS POLICE COURT. More About Those Lap Robes. betore Judge Murray. Yesterday James Murphy, of No. 21 West Thirty- seventh street, aud Fraucis Crawiord, of No. 233 Kast Fity-cigbth street, appeared to make extra complaints againet Rovgers, Lynch, Davis, Ben- nett and Estleman for stealing lap robes from them. Odell, tae man im whose stable the stolen eres was jound, bas been lo-ked up since ednesday, aud yesterday hiy conuses sued out a writ of certiorar! nd habeas corpus, whica is re- turpable betore Judge Karrett, im the Court of yer ana Terminer, this morning. The prisovers Were brought up and examined on ihe new charges, but in answer to ewch they said tuey were not guilty, aud were committed for trial. JEPFLRSON MARKET POLICE couRT, A Lawyer's Board Bilis. Beiore Judge Smith, } At Jefferson Market Police Court, before Justice Smith, Mr. Caries J, Guteau, lawyer, was com- | mitted In $1,000 bau on a charge of false pre- tences. Ye has, itis alleged, been swindling nis board- ing-bouse keepers, by abvsconding with his baggage during the nigit im some in- stances, and in others by handing a@ check aS Worthless as himself in satisiaction for the amount of any account he was allowed to ron. Al.er staying some time at the St. Nicholas Hotel, where he incurred @ pretty mpg @ bill, be Ped dag Detective Keely, ot tue hotel, ar. rested Guiteau, Mrs. Simonson, of No, 1 Last Tweuty-second street. appeared against him jor pay passed ner a check Jor $21 on the Leather Manulacturers’ Bank, Where it appeared be never had aoy account, to induce her to reiease his jug- ) she held as security for a board bill. other victiins were Stephen Thorue, | No, 19 West Twenty-foartn street; John P, Wors- | ten, No. 208 Fifth aveuue; Mr. Bishop, No. 81 Madi. | street. | Bergh and the Dog Fighters. | Mer. Henry Bergh, President of the society for | the Prevention of Cruelty to Animals, ted by a | force of police under command of Captain Uliman | | Proot of fon avenue; Mrs, Stahl, No, 26 Bast Twenty-tuird | a day afternoon detected two young men tn the act of breaking into his parlor through a door leading from the hallway, their intention, no doubt, being to rod the place. They fled on being discovered, but were aiterard arrested on a Lexington avenue car by OMicer Morgenwick, of the Twenty- were held jor trial in default of $2,500 bail each, Their names are George Ryan and Thomas Rogers, COURT OF APPEALS, ALBANY, N, Y., Dec. 11, 1874, In tne Court of Appeais, Friday, December 11, 1it— No. 6434. Helen M, Filer, respondent, vs. The New York Central Railroad Company, appeliant.— argued by A. P. Laning, of counsel for appellant, and by J. H. Martindale tor respondent, No. 101. Fleccher M, Thrasher, respondent, vs. Elvira Bentiey, appellant.—Argued by J. M. Dun. ning, of counsel ior appellant, and by George W. Miller Jor respondent. ‘No. 88. Louisa Kolbner, appellant, vs. The Knick- erbocker Life Insurance Company, respondent. By consent of Court goes over to December 17. ‘No, 122. Edward J. King, respondent, va. Samuel T. Knapp et al, appellants.—Argued by T. Dar- lington, of covnsel for appellants, and by John E. Parsove for respondent. Proclamation made and Court adjourned to Monday, December 14, at ten A. M. Calendar. The following is the day calendar for Monday, scenes 14:—Nos. 123, 127, 180, 181, 182, 136, 138, aed UNITED STATES SUPREME COURT. WASHINGTON, Dec. 10, 1874, No, 36, Littlefield et al. vs. Perry, trustee—Ap- peal from the Circuit Court for the Northern Dis- trict of New York.—Tbis was a bill to restrain the appellants from mantfactaring and vending cer- | tain coal stoves to which the appellees claimed | the exclusive right within the States of New York and Connecticat. The Court below found for the plaintiffs, ana it te here insisted that they could | pot maintain their action, because they were only | nd bad vo such interest in licensees of the patent, the patent as wou.d enabie them to plead its pro- | visions; and it ts argued that to maintain an ac. tion jor infringement the plaintiff must be the patentee or assignee of the entire invention, or of an individual interest therein (in whici cause he | ynust joi with the other tevants in common), or he must be the grantee of an exciusive sectional interest in the entire patent, to the exclusion of the patentee himseil, for a specified portion o! the country. E. R. Hoar ior appellants; E, W. Stough- ton and J. H. Reynolas for appellees Opinion of Judge McCue Directing the Plaintiff to Farnish a Bill of Particu- lars=The Order Filed im the Brooklyn City Court-The Trial Ordered Ovex’ | Until the January Term. Shortiy after noon yesterday Judge McCue ren- dered his opiuion granting the motion of counse) for de‘endant for a bill of particulars in the suit brougut by Theodore Tilton against Henry Ward Beecher. The opinion is as tollows:— Men Count or BxooxtyN.—Theodore Tilton vs. Henry | 4 Beecher—Motion tor a bili of paritculars.—tne rt of iast resort has decided that this Court has power to order a pili of particulars in ali descriptions of actions when the circumstances are each that justice demands theta party shall be apprisot of the tatters | for which he is to be put on trial with greater particu- Jarity than is required by the rales ot pleadiug. Application is how made by (he defendant tor a state- ment in writing, veritied by the plainuf, of the parucu- lar times and places at winch he expects or intends to prove the commission of any crimial acts between the deiendant and the plaintif's wife. ‘After @ careful examination of the papers submitted op the motion, and stver deliberating upon the able and Suggestive arguments of cownsel, Lam of opinion that the present case 1s @ cial roper one for the exercise of judi- fcretion, and that the plainud can, without any tice to hithse!f, give the detendant the information red by him, xo as to enable hitn to prepare tully to meet the piaintifs charges. . ‘The law imposes no impossibility, and does not re- Sag from the piatnum the designation of a prectse y, at the hazard Of justice If he tall fo prove the act upon the precise day uamed. It 13 sufl- cient If he designates the day with such reasonable ap- orcas asthat the defendant is fairly apprised of e charges. In view of the affidavit of the viaintiff read on this motion it wili be sufficient for him to state 10 the bill of particulars to be turnished that the two acts of criminal e lave taken place on the ioth and 1463, were cominitted on or avout ne or the other of the places it; or, a8 suggested by one of the At, it Muy De regarded as sutt- cient to say that these acts were committed during the month of Uctober, 1868 such @ statement fairly ao. quuints the defendant with the charge he 18 to meet. I think it not improper to remark here that the trankness wrh which the detendant’s counsel concede that such a statement may be regarded as a reasonable compliance | with the rute proper to be applied in such a cave ay this Tenders this appiication more easy of disposition than it seemed lo be When the motion was first made ut Special rin. The objection to giving a statement of particulars seems to rest mainiy Upon the grouud that the designa: tion of particular acts of adultery necessarily excludes confessions made by the defendant going to establish acts of adulery when bo tm named {i the confession. The general cont Getendant may be given In evidence against himself, and they may be suiicient. u accepted in full torce by S es the yy: to convict the detendant, and it is clear that all de ous, Writings and dccuments which are properis adinismb!e as evidence may he wed with all the force and effect they deserve against the defendart to establish the main issue. ine radical diference io the proposed orders sutinitted by the respective counsel seins to be thiss—The plaimvfl insists that he shall not be precinded from giving evideuce of act of the deendant by which the adalierous intercourse cherged in the compliant inay be established, “although it may not thereby appear to have been mitted on any particular day or at any pari piace; while, on the other hand, the deienaunt i that if by gets itis Intended to pro aduitery the tn! of particulars showid sta with the sume fairness with reve ) cir UMsunCe, AS 16 SAgested In relation to the two acts alieged to Lave been committed in tne month of Octo- 1808 Leannot well understand aint, “althoush it may not thereby appear to have en committed on any particular day ur at any pare | Hear tic.” such sectus. to be the pra.ntif's vropod ton. Such proof would uecessarily not only the commission of the adultery, but Aiso with | some desiree of certainty vott the tune ‘and | piace. There is no practical diMeulty in recon: ciling this apparent antagonisin, as declared by wie court of lest resort in the sane re aie ete a Jeait with.” if th Jain roposes to prove y je cific wets of adultery, other than those alleged ‘tehuce taken place in October, is4, hould be so state). If the piainull does not propose this. it no hardship to limit bim to broot of the specific charges which he ine tends w press, The planu and failan hy fecision made in this case, Ing‘nis gust ‘ames pg his gu er times and places,” int safly ve aulied, ects go me enurely ditenabies nine shape tn Which the former moon. ws there wag torce In the objection, tor It. tax than nad that the platntif’ should ve contin times mentioned in the bill of pur ent application, However, 1: ten DINIDUM of the benent of the gener Ot al defendant, uch @ rule might indeed, a de- fendant from Just responsibility.” We propose no sach resurast, 4 to the apecitic a sof crime charged against ihe ndant, he should be advised of thei with reason- able precision. As to the testis which may follow the proof of acts (other than specitic acts of adultery), docu | nents, confessions and ANY otber ¢ ance: Pn Adinisetble in evidence, they mus. be lent to the de ee. mination of the jury under the rules laid down by the Court on the trial Tam of the opinion, thereiore, first, that the plaintiff ved at $609, the property of George Becks, jewel- , med on a | ‘he complaint of Ferdi Third avenue, was arraigned on a charge of felo- | bious assaulton 6 former partner of his, named | ‘The latter ts now In Bellevue Hos- | ‘ban slipped backward over we | place and | lo it that both parties ure fairly | ! him in, bis bill_of particulars: | $ro0n, that ch aisnecte constraed as rons | fig'the platutit trom introducing, on the trial ‘oduc! Ton testimon' h may be admissible under the | action Hele of evdence ag toany acts other than th pecine acts of adultery), sel ation writings, docu- ments Lid Sageeaions, ih sh 3 Oty ce ae ne Bo ‘doular or piace shall have Pio costs of this motion. A. McCUE, Judge, | ‘The foliowing order was subsequently Hled by | the Court settling the motion :— Ata Special Term or the City Court of Brooklyn. held | at the Court House, in the city of Brooklyn, om the 10th Ay, ot December, 1874, presgut Alexander McCue, fudge ‘Theodore Niiton vs. Henry Ward Beecher.—On rent ing and flag the affidavit of Thomas G. Shearan venue! Decetuber 6) Is7¢ un the part of the, dsiend And the aitivitot Heodore Tilton, verified, Dece i he part of the plait, and on W. 1874, on e order to show cause granted berelu Decembor 7, 1874, and the re- mitttur £ a counsel for defendant, an ir. Morri nti, tts ordered that the piaiutif! cndant's atiorneye, within thre of the service of a copy of 4s order, | teulars, verified by ‘the oa:h of the pisinuil, set forth the parueular thnes and places at which’ he ects or intends to offer proof j pts of hdultery occurred between defendant and wie of plain tif, sach designation to be made or inticated in the de- cision ov file, and that the plaintidt be and he 1s her iuded from offering any evidence at the trial of ACugN to prove the occurrence of any specinic acts of adultery at any other tine or place than such as shail be the said statement of particulars. ix order is not to be construed as prohibiting nti froin introducing on the trial of this action y be admissible under the general ce as lo any acts (other than specific acts declarations, writings. docu or any allewed confessions on the part of the defendant of an; seh criminal, Wrongitl or improper acts, In ented alleged confessions no particular time or place sh: | aileged ty have been referrel ta, - A. McCUE, Judge. ‘The counsel on both sides held 9 consuitation last evening in regard to the course to be pur- sued next. ‘The lawyers for the plaintit expressed thems ives as determined to proceed with the trial of the case, and counsel for the defence as- sured the members of the press vhat there would be no compromise on their side. The subjoined order putting off the trial antil the January term of the City Court was subse- quently entered:— Boe cor Bre i Broogty.—Theodore Tilton against joury Ward Beceher. Tappeariag to the satisfaction of the Court that the | trial iPcomnrenced next Monday, could not be closed | during the term, the case 4s ordered over until the drst Monday of January term next, and the jurors now em- panelled are discharged and ‘need not attend as here- tofore directed, By the Court. GEORGE W. KNAEBEL, Deputy Clere Dargp Brooxurx, Dec. 1, 1874. POLICE AFFAIRS. Weekly Meeting of the Police Commis= sioners. At the meeting of the Board of Police Commis. sioners yesterday morning the communication from the Counsel to the Corporation was pre- sented, which 1s printed below. Mr. Smith says itis a reply to a request made by the Police Com- missioners for information as to the steps he hag taken to have vacated the Injunctions restraining the police from intersering with certain theatrical periormances on Sunday evenings. The Pohoe Commissioners, however, using the language Of the aptiquated and volable ‘Miss Corney,” say, ‘It is nothing of the sort,’’ and fur- ther say that the communication telis them noth- ing they did not know before. They, therefore, adopted a pew resolution to request Mr. Smith to tell them whut he has done, or is doing, to have the ipjunotions in favor of the Bowery, Stadt and other German theatres removed. Afterward the Commissioners expressed the opinion that Voun- i Smith had gone vut of his way to tell them ‘their duty, which they knew very well, but wore impeded iu performing, instead of going straight atthe task of informing them what he had done yoward aiding them to do their work. The follow- ing is the communication which riled the Police Commissioners :— New Yonr, Dec. 10, 1874 Tux HONORADLE THE BoaRp Oy CoxmissioNERS OF THE Pozics Deranruxnt:— GxxtLewzx—In answer to your letter of the 4th Inst, I respeo’fully inform you that what is known as the Btrekosch. injunction has been dissolved by the Supreme Court. ‘he question o! the dissolution of the injunction to the Staat Theatre has not yet been decided, ‘ou that, with the exception of the case last mentioned, it cs e legal duty of the Volice Depart- Ment to enforce the statute known as “an act to preserve the public peace and order on the first day of the week, commoniy called Sunday,’ ay” pa Fil 17, 1360, an oonstitating chapter 501 of the [awe of that year. I'have | no doubt that the injunction last referred to will be dis. | solved, and 1 will send you information immediately | hes tip Goamen weno een Raia oh 5 am, gentlemen, very _respectful our obedient Te TE DE zi SMITH, 1 to the Corporation. servant, LAKE The Board heard reports from Superintendent | Wallmg.on the cases of Captain Mcvonpell and | Patrolmen Benjamio Tessaro, George H. Wyman and .Ricbard Ganley. ‘The Superintendent re- bearsed the circumstances under which these off- cers performed acts for which rewards are offered to them; but made no suggestion as to whether the Board saould permit these rewards to be | taken, ‘The Commissioners refused to allow Cap- tain McDonnell to take $50 irom Bradbury Bros, | for recovering valuable wedding dress trom thieves. ‘hey considered that he bad done no | more than hisauty, They permitted Patroiman Tessaro to accept $100 from the Italian Consul for having arrested & notorious Neapolitan nrmgand and murderer, as at the time he made tee arrest he was of duty. Pa- trolman Qrorge H. Wyman is Reig Sats | to be given or reiused permission to accept $25 from the Post Ofice Department tor having ar- rested @ man who broke open astrect letter box; and Patrolman Kichard Ganiey is anxiously hop- | ing for the opportunity .o accept $20 reward for arresting a deserter irom Governor’s Island. Their cases were rejerred to the Committee on Rules aud Discipline. General &. L. Viele sent to the Board a sectional | map of the city, copies of which he offered to fur- Dish to police stations for $15 each. The matter was referred to the culef clerk oi the Bourd, Mr. Hawiey, ‘fhe Committee on Street Cleauing reported to the Board that Join H. Starring had offered to pay $29 for each Of 200 scow ioads vi sircet dirt, 0 be delivered at the foot of West Sixtieti street, ‘The Board accepted Mr. Starring’s ofr. Hitherto the street dirt, which nas been delivered at the | foot of Bast Ninety-sixth street, has been paid for only at tue rate of $10 per scow load. The Board uppomted H. I. Bariow clerk in the Detective office, and set apart the rooms now oc cupied by the Property Clerk for the use of the | Vaectuation Bureau oF the Health Department. The folowing named men were appointed os patroimen:—Owen McEntee, Twenty-Orat pre- cinct; Frank Kavanagh, Eleventn precinct; Philip Fellman, Thirty-third precinct; James Layourn, Tweuty-second precinct. ‘The Bourd cited the following men to appear before 1t previous to appointment to the iorce :— Eomund Carey, Lewis Connor, George H. Hewitt, Cao F. Hansee, Michael J. Connolly, Emory D. Parker. é | | UNLICENSED PLACES OF AMUSEMENT. Arrest of Proprietors by the Sheriff— | They Are Released on Bail. H But the plat testimony whi Dourt. relating I advi-e ‘The Society for.the Reformation of Juvenile De- Mnquents has commenced actions against theatri- cal proprietors tor non-payment of licenses. It appears the law makes it mcumbent upon man. | agers to take out licenses from the Alayor, and a | tine of $100 is imposed fur each performance | enacted without such authority, the penalty to be for the benefit of the soctety above named. Messrs. Sandford, Robinson & Woodratf, as coun- sel for the soctety, have procured several orders | of arrest upd placed them for execution in the hands of the Steril, The main points of the com- plalut in the case of Messrs. Martin Campbell & | yraocis B. Murtha, proprietors of the Globe Theatre, are as follows :— That ou the evenings of the 11th, 12th, 18th, 14th, 16th, ith, 18th, 19¢b, 2th and 2ist days of November, 1874, defendants exhibited to the he fo the pes situated at Nos. 728 an Broadway, New York city, apd called the Giobe Theatre, certain entertainmepts oi the stage and certaib dramatic periormances, consisting 0. min- strelsy, bullet and other dancing and _pertor ances of acrobats and certain dramatic pei formances or, games periormed by oumerous actors suitably costumed; that previously ana on the eveuing of the loth day of November, 1874, sad defendants exhibited to the public in the Giobe Theatre certain entertainments o1 the stage, dramatic performances aud interiudes, and three lJarces, entitled respectively, ‘Fool of the Fam ly,’”’ “Wanted @ Nurse” and “The Rivals,’ each of Which Was pertormed oy several actors, dressed | 1M appropriate costume. That such entertainments and performances were 80 exhibited to the public as aloresaid with- out apy license baving been previously obtained from the Mayor of the city of New York ior the | piace Oo! such exhibition for such purpose, pursoant | the provisions of an act of the gisiature of the State of New York, entitled “An Act to Regu- | lute Places oi Public Amusement in the City of New York,” passed May 22, 1872. ) | aap the arrests made yesterday were Paul | al | 8 . proprietor of the Tivoil, St. Mark's place; uei Shapter, proprietor of the Metropolitan roadway, and Otto Ehrendt, proprie- rdia Hail, in avenue A, Falk was re- 500 bail, Boreout in $1,500 and Shap- Civili suits jor the recovery o1 the 8 have also been commenced against these tre ib leased Ip pe | parties. yak MES, GILLIGAN'S DEATH, A post-mortem examination of the body of Mrs. Gilligan, who dled yesterday at No. 72 Thompson street, from the effects o/ Injuries said to have been inflicted by ber husband, was made last eveuing at the Morgue oy Dr. Marsh, in the presence of Coroner Woltman. It resulted in the discovery ol’ extensive laceration of the ex. ternal organs Of generation, The aterus contained # (elus oO; about six months. The appearance of the internal or bees of very intemperate habits, Dr. Marsh is of the opigion that death was caused \ by nemorrbuge, foliowing external laceration, re- Made @ successiul raid On the dogpit No. 12 Rivivg- | should ve limited as wis vevoi Of sudcific acts of adul- | SUIMDE JOM ViOlence Of sume kind ab. | 730 | hs showed the deceased to have | THE 'LONGSHOREMEN. It 18 doubtful If the strike of the ‘longshoremen lg any nearer @ termination to-day than it was three weeks ago, The laborers are, to al! appear ences, quite as determined now as when they knocked off work; while on the other hand the steamsnip companies declare their determination and their ability to stand by thelr original action toan indefinite period, It is certatnly true that the @tevedores who have contracts for loading and @ischarging the steamships faa no dtificulty tn getting all the men they need to perform she work at thirty cents ap hour, and very many of these | workjnen have now become eo proficient that the Jose OF the old hands 1 but little felt, Quite a num- ber oj those who went on the strike have a ready become 80 pinched for funds that their resuming work at any price is now @ mat- ter of absolute necessity, and, therefore, some | have gone to work at thirty cents an hour in direct | Yioiation of the orders of their uaion. Lt 1 more | than suspected that snose who still bold out are i longing for some kind of accident in the way of @ cargo shifting so that the owners of v may ve compelled to employ the old iongsnoremen to stow their cargoes or else lose tueir smips, One of the strikers, 8 Iman somewhat wore intelligent than his fellows, while In conversation with @ HERALD Yepresentative yesterday, said he felt sure that the public would not lave to wait lone Jor the Dews Ol ball & Gozen disasters at sea, all occasioned by the igporance of the men who have been stowing cargoes jor the past turee or four weeks, For his part he would not care to go to sea at this season of the year ina vessel whose freight bad been tossed in helter-skelter by a set of men who know nothing whatever about the business they were empioyed in. In trath, however, there seems little or no foun- dauon for apprehension in this direction, The masters and agents of all the ships salling trom | here deciare that their vessels are as well loaced | now as before the strike, aud ridicule the idea tbat those who ave respousibie for such watters would aliow their property to be endangered to the way the ‘longshoreman above quoted indi- cates. ‘The financial agents of the *Longshoremen’s Union, Messrs. William Kiordan and Juha Driscoll, were at St. Mary’s all, New Bowery, yesterday Alternoon, paying out to the needy members of the union on strike theif quota of rele! according | to the rules of the union. Tough those who came to claim pay did not present exteyual evi- dence of distress, they Were each aided to the amount of irom $6 to $10, according to their circumstances and family. About $1,000 was dis- bursed, Greht conddence was expressed vy those essembied that by Monday the strike wou: be over. AID FOR NEBRASKA SUFFERERS. The good work undertaken by the Nebraska Re- Nef Fond (Messrs, Saunders & Hardenburgh, No. 112 Broadway) to aid the sufferers by the graes- hopper plague in Nebraska progresses but slowly, and the subscriptions come into tie bankers’ hands very tardily. Upon imqguiry of ex-Governor Saunders yesterday, at the above banking house, hesaid “that, although the suvscriptions were Yeasouably numerous, they were in umouuts #0 Small that the power for good would be very limited. Jf the charitable people of New York only could realize the exireme destitution of these poor people in the West their purse strings would certainly be loosened, Muney ia needed at once in order that provisions may be forwarded Delore the cold weather sets in and the heavy anowe Make transportation dithoult. The greatest destitution exists among tne families Wo reside from thirty to one hundred miles beyond the rail- roads. On the Republican River, aud the Loup (fork of the Platte), and the Elk horn River, the people are absolutely esi 4 Toe Burlington aud Quincy Railroad joing the Union Pacitic kanl- road at Kearney Junction, 200 miles from Omaha, and north and south of these points the inhabi- tants want relief at once. We have iree traos- ee as far as the railroads go, but provisions ve got to be hauled # long distance beyond the Fails. Itisto be hoped the beart of charity will beat here in the Kast tor these stricken tamiiles, and that tue blessed work of relief will ve pushed promptly forward. RELIEF POR KANSAS. Judge Ricksecker, of Kansas, who represents the Kansas Relief Society, has headquarters at the raiirvad office o} the Chicago, Buritugton and Qaincy Railroad Companies, No, 817 Broadway, where contributions are solicited for the starving families of that section who have lateiy suffered go terribly trom the grasshopper plague. so0:8, | shoes and wedi. of ali Kinds will be grat fully received. Upon calling at the oftice yesterday, @ HERALD reporter found but one small box from Keyport, N. J., which | does not promise well tor liveral aid to the sumerers, It is suggested by Judge Ricksecker thut money contrivuuons should be nade to Don- nell, Lawson, & Co., No. 92 Broadway, fscul agents Of the State of Kansas, ay the sums 1eceived by them Will be forwarded at once free of charge to the Central Relief Committee at Topeka. ‘ibe suffer- tugs @/ the poor people wno live in @ prairie coun- tury—in god-bouses and “dug-outs”—will be terri- bie this winter Uf they are not relieved. It ts earn- estly hoped that the charity of New Yorkers, will be Hberal 11 View of the terrible destivution in the est. MUNICIPAL NOTES, Mr. Salem H. Wales has been appointed Com- missioner of Docks tn place of Mr. Gardner, de- | ceased. This settles the fight which has been waged 60 energetically around the Mayor's ollice | for the past few days for this particular pesttton. Mr. Wales was the republican candidate for Mayor at the last election. Mayor Vance says the ap- poimtment has bee made with the full concur- rence of his successor, Mr. Wickham. The onslaught upon Mayor Vance for the piace of Mr. Latmbeer, Commissioner of Charities and Correction, who bas tendered his resignation, still continues, The friends 0; Mr. Charles Blackie, the defeated repubitcun candidate for the Assem- bly from tue Turteeotn distiict, are On the war- ath. They assert that Mr. Biackle 1s just the nan jur the place. He is indorsed by tue chairman ot | each repadlican Assemoly organization, by the publican Aldermen elect, Yesterday @ committee representing those gentlemen called upon the Mayor. They were receivea courteously, but no promises were made, The friends of other candi- | Gates are equally linpressed with the loss which the people at large must suffer should the Mayor atl to recognize their particuiar claims, The City Record Commission, consisting of Mayor Vance, Commissioner Van Nort and Corpo- ration Counse! Smith, met yesterday. | ainounting to some $1,800 were audited. A rese- | lution was passed directing au extra issue oO! 1,000 | coples of the ad Pinecrest the offictal canvasy | Jor the ase of the Common Council. fhis appears to be tne only ieasible method of increasing the Circalation of this mammoth journal irom its sian. | dard—135 copies, owners or occupants of bulidings to remove ail Vault covers in iront of their premises presenilog & , sooth surface aud substitute cove: ngs reselit- | tug @ rough suriace. Commissioner Vau Nort was cuarged With the carrying out of this ordinance. | Special circulars are now being sept around the city calling atcention to this law and giving in- | structions a3 W penalties attached in Case of Don- | compil: nce, ‘The secretary Of the St. Patrick's Mutual Aluapce called at the Masor’s office yesterday, but did not | have the pleasure of an interview. Kumor asserts that be required a more definite answer to the re- quest Of the comailttec deieyated to represent his interests wits Mayor Vance us to an appointment on the police force. This important consiieration has, no doubt, caused the Mayor several sleepless FT ts, Joint committee of the boards of Aldermen | and Assistant Aldermen will meet fo-dag to make arrangements tor the reception of King Kalakaua. What that reception will consist of bas not yet been developed. No doubt His Majesty will be delighted with the attenions of our New York | Aldermen, their coaracter jor Javish hospitality ; @ud enormous cigars being of world-wide iame. They have {ted tue Japanese, the Prince of Wales, the son of the Czar, the Lord Mayor of Dublin and other distinguished gentiemen. Now jevosaes: what tuey can do in entertataing majesty juself. SUICIDE OF A S0HOOL PBINOIPAL, Early yesterday morning Mr. Jacob H. Failing, of Montgomery county, New York, was found dead in o room at Unrein's Hotel, corner of fhird and Washington streets, Hoboken. By his side was found an empty phial, labelled laudanum, | and this, with the great contraction of the pupils | of the eyes, showed plainly What bad caused bis death, In deceased's pockets $$2 in money, @ silver watch, gold chain and two pairs | Of spectacles were ound. On. the evening previous Mr. Falling lad come to the hotel de- Manding an apartment io which to remuin over night, He retired to rest witwout apparent melan- choly, and at more Was seen Of him until the discovery of his vody. Deceased was tho | principal of & school on Long isiand until a few | Thonths ago, He came to New York in quest of | employment, and it 1s conjectured that his failure | to ind a suitable position led to bis gloomy death. | The remains dre lying at Crane's Morgue, await- | {ug the arrival of the relatives from New York GERMANO-OGUR0B QUESTION IN JERagyY, _At the latest meeting of the Town Council of- Union Hill, N,J., oue of the German memvers, Mr. F, Meyer, offered and had passed a resolution that a supplement ve prepared to the charter vir- tually providing that the church property of ‘he townslitp be no longer exempt from taxation. The Christian fraction of the commanity are In iy dudgeon over this latest effort to introduc "the imperialism of the Prussian Cbancellor’s poiicy. The application of the idea to the huge slices of | real estate now exempt in Northern Hudson county under the mask of being attached to Private educational tostitutions would not meet With #0 MyUCh dafavary German Central Organization and by the eight re- * ) hin | Fest them men ;! ‘ | | Ab ordinance was passed last May directing the | way 2 —amyaaeenanatmanasion, THE MKENNA MURDER. Continuation of Testimony for the Defence. IMPORTANT TESTIMONY Story of the Shooting by an Eye-Witness. Fourth Day’s Proceedings of the Trial. The trial of Coroner Croker was resumed yeater- day morning tn the Court of Oyer and Terminer at the usual Dour, The attendance througnout the day was very jarge, but owing to the excellent arrangements of the oficers of the Court outside andof Orier Ricketts within notable quiet and order prevailed during the session, The prisoner, Mr. Croker, wore hig usual tmpas- sive look, seemingly, in fact, the most uninter- ested of the spectators. With the exeeption & that of some three or four witnesses the testi- mony throughout has been of the most contradic. tory character, the witnesses on either side being not only cross-examined at tedious and harassing length apon the direct testimony, but also con- fronted with tuelr depositions taken at the Coro. ner'g inquest, which ex-Snerif O'Brien swore he looked upon a8 & sham. If the other witnesses had no more reverence for the proceedings betore the Coroner than had the ex-Sheri@ no wonder the whole case has got so inextricably mixed as it has, The most important evidence yesterday Was that of the drat witness, John Bighn, who Was not examined at the inquest, Judge Barrest having taken his eeat the case Was at once proceeded with, TEST'MONY OF JOHN BIGLIN. John Biglin was the rst witness called. He testified that he saw Croker, the two Hickeys and Sheridan on their way to the politag piace on the morning of election; shook hands with Croker and passed on; beard the noise of the row and saw everybody running; sortly after leaving Croker and bis friends he went back toward the crowd-and got within ten or twelve feet of O’Brien and Croker; saw O'Brien rush toward Croker, and the latter struck him; O’Brien Kind of grappled for Croker, but there was a@ police- man between them; at the same moment that Croker bit O'Brien inthe mouth there was @ shot firea, and McKenna fell; THE SHOT WAS FIRED AT THB PRECISE MOMENT THAT THS PRISONER STRUCK O'BRIEN; Croker had nos @ pistol to either hana that wit ness could sce; witness stool right behind Croker, and if he had @ weapon be would certainly have seen it. Q Where was McKeana when he fell? A. He was in the street, Q, About how far from tbe curbstone? A. LE should judge about midway between the railroad track and the curbstone; his head was toward Thirty-third street; the shots were fred very rapidly at Grst; after tho fring of tbe drat, gecond and third shots the crowd began to acatter; witness Knew both O'Brien and Croker well. : Cross-examined—I was first near the cigar store where the polling place was; I met Croker as I came out; he started to go toward Thirty- fourth street; Lhado’t got over forty or filty feet away betore 1 sawa crowd beginning to run by me toward Twirty-thlrd street; I got up afterward | myselt right bebind O'Brien's back; O’Brien was facing west, about four feet from the curb; Oroker was facing him and facing me too; both men Were out in the street; I rematned on the curb- stone all the time; I did not hear any names called, as when 1 ot there they had got to Llowss Idon't know the name of the officer who was be- tween the two men; he seemed to have hold of botn men; his effort was apparently to separate the combatants; the first I sawo!l McKenna wos a8 be Was in the act of falling, By @ juror—How far from the curbstone was McKenna when he wassvot? a. McKenna was to the right of Croker and about six ur seven leet from the curbstone. ‘Yhe witness liustrated the positions occupied by the differcnt parties to the tracas by poitting Wo the diagram. Witness, continuing—I saw George Hickey fire three or four shots; he fired aiter the crowd had dispersed und waile McKenna was prostrate cn the ground; he fired tp the direction of McKenna; 1am postive he fred three shots, and I think he files jour; there were several parties who went toward McKenua to pick hia up; one mun came out to McKeuna, but rap back again when Hickey fired a shot. ‘To @ juror—Croker hit O’Brien just as the SHOT WAS FIRED THAT STRUCK M’KENNA, To Mr, Phelps—I am quite sure atout that, Justice Bariett at this (ime requested the jurord to hold tveir questions untilaiter the counsel on boih sides Were turough with the witness on the Btupd, as breaking in upon the counsei with ab- rupt questions, sometimes two or three at on teuded to interrupt the continuity of counsel's thooghts. He had oeen requested by counsel on bon sides to sugges! that piau. When the counsel had finished, then the jurors might ask all the questions wuey might desire to ask. The Court also would ovserve the same rule, Witness continued—1 am sure that as McKenna fell Croker struck O’Brien, aud was still facing re: ember O'Brien said to the oMcers, “ar. poke pretty loud; he jooea it out pretty loud, aud in an excited way; I did not hear Croker order the police to arrest any one; I (old the Assistant District Attorney the same facts that | bave cold here veaer To the Court—I did not see Henry Hickey fre; I saw George Mickey siovt, though; Croker was moving away alter arrest when George Hickey 8 otlier shots; the crowd ran into door- nd every and any where for salety, Hlows—At the ip ped of the shot by which McKenna ieli I was luoking directly at Croker; | say empuatically that . RICHAKD CROKEK DID NOT FIRR THAT SHOTS, my vrotner and myself were opposed to Mr. Croker Jn polities; we were ior the other candidate, TESTIMONY OF MATTHEW ROURKE. Matthew Rourke was next swora:—[ keep a saloon at No. 626 Sixth avenue; | was near the oils avout Tuirty-fourth street the whole morn- bg electionseriag; Steve O'Brien was standing heXt to me at the pulling place in Thirty-fourto street; he commenced to run suddenly, aud ran | alter him; Steye ran right into Second avenue, where the wuss Was, and Steve rao into the crowd; I ran on the outside of the crowd; Croker was on the defensive at the time | got there; | Croker and Jimmy O’Brien were facing each other ; the latter was on tho curbstone, wittle Croker had One {vot on the street and one on the curb; they did not exchange blows alter I got there; alter the partics were arrested 1 saw.Steve O’Brien pick up a cobvie-stone, but he rae it again; Croker was in the custody of Ofticer Smythe; when the first shot was Gred Croker wa3 under arrest; I Was standing then on the curbstone; the officer was between Croker and O’Brien, with his hand on Croker; then it was that the first shot was fired, followed quickly by two others; 1 did not see McKenna until alter he was down on the ground; | heard five shots altogether; I had a full view of Croker and bis hands at the time the shot was fred; HE DID NOT HAVE ANY PISTOL IN HIS HANDS; 1 saw McKeuna first when he ran trom the north+ east corner of Thirty-!ourth street; he did not get down to where Croker and O'Brien were at ail§ the next I saw of him after this was while he was on the ground. On the cross-examination witness swore pos- itively that Croker couid not lave had a pistol in his hand and he not see tt, and be saw noue, TESTIMONY OF JAMES CARR. James Oar, of No. 302 Kast Thirty-fitth street, testified that he was standing on the northeast corner o1 Tuirty-fourth street aud second avenue ob the morning of the row; saw O'Brien and Croker meot; saw O’Brien strike the prisoner and the prisoner strike back; noticed one anaes ® biow on the side of the head, when he jumped out, drew a revolver and fired a t; saw another man step out, pull @ revolver and another man grasp his wrist: as he did so the man with the pis- tol stretched out his arm, tbe shot was fired anda | man fell; at the time | did not know who the man ‘was Who received tne shot and jell; 1 beard since it was John scKenna. . Do you know Coroner Croker? A. 1 do, ae Did he fire the shot you saw fred? A. Hedid wy, 1 the Court—What? tness—I say positively that Croker did not fire the shot; 1 was working In the toterest of Mr. Power, a Tammany candidate in that district; I Was disirivuting pasters, and bad been employed 'y, Who pata me, ainined—I noticed paves strike Croker O'B) also, mer, Thomas Higgin: Keete all testite o} harrated by the pre- fence, ali swearing posls WONTANUEN ON NINTH PAGE) ceding witnesses for the