The New York Herald Newspaper, December 30, 1874, Page 8

8 THE COURTS. Ano ther Move in the Beecher- Tilton Cage, | could a deten The Order for a Bill of Particulars | Reversed. Judge Waterbury’s Views of the Law of Libel. Comptroller Green’s Display of | Legal Tactics. — The Property of Henry W. Genet Still in Dispute. Heavy Sentence for and Outrage. Robbery In the United States District Ceurt yesterday, | pvefore Judge Blatchiord, the following articles were condemived by default, 00 owuer appearing to claim the same:—One trunk, Containing 553% yards of silk, five silk dresses, a silk nolonaise, an alpaca skirt, a woollea dress and polonaise; and one trunk containing Weartng apparel and other articles, These goods were imported by the steamer Java. It 18 understood between counsel that the mo- Uon for a new trial in the case of Moses Chamber- jain, who hus been recently convicted of sending scurrilous postal curds through the mails, will be argued beiore Judge Benedict on Saturday next. THE BEECHER-TILTON CASE. JUDGE M'CUE'S ORDER FOR A DILL OF PaR- FICULARS REVERSED—OPINIONS OF JUDGES NEILSON AND REYNOLDS. In the Brooklyn City Court, General Term, the case of Theodore Tiiten vs. Henry Ward Beecher was brouglit up by the delivery of the following opinions of Judges Neilson and Reynolds ou the argument of counsel azainst the order of Juage ; McCue granting a bill of varticulars to the defena antin thre case, The court room was crowded t many distinguished gentlemen, who came to hear tne Opinions delivered. It isexpected that the trial will proceed on Monday next, unle: thing unexpected now snould happen to prevent. The opinion of sudge Neilson reads as follows:— ‘This is an appeal from an order of the Spectai Term requiriag tbe pintinufl to furnish a vill of particulars, The application jor the particulars was made beore me in the first imstance, aud was denied ‘sor want or power and on the other grouuds The opinion fied w that order did yy put that denial of ove branch of tue ap- Phestion ch the want of pow That Was as to i | i | | | | | teauon of tt, and thougn its reversal would oblige coniessions Imputed to and demied by the detend- | ant. It Was shown that the piaimtii’ had stated mManhewspaper article that tue defendaut o conlesged the wrongful acts charged, and the ication was to coupel the plainuiff‘to staie when re those alleged confessions bad been The views expressed in the opinion as to ple character Of that part of the appli+ cation, and as to the want of power to grant it were uc the delendan:’s couasel, and that claim nce been abandoned. ‘tue Court Judges Allen end Grover dis- ap senting, y order as to the other cia:ms to dis e wiouod that the particulars € of 2 supposed of he clesing Words f tie order were not, » Well chosen, the expression “lor Want of power anu on tue other grounds stated” having bee) taken to refer not wo modes of treatm the Oe unt straint fo 1 2 ° the other having regard to the mert Gt. cretion Which 8: id nave 3 Sed, u nd th @ ground of rejectiou, namesy— neol agihority, Icappeary, tiereiore, that i e art of Appeals reversed the 0! vowal of authorliy; that Of the Court oF last r arts ol fist Tesort may, in the exercise ss discretion, order particulars to be 1uruisbed in actions lor 1 if: tort, imcludiug cases of {nis c.aracter, That is the extent of the Bat that Court did not and de- termine that application war had been denied shoud ve been granted, but left tne Giseretion to be exercised vy this Court in grani- ing oc Teiusing +Uch appheation untrammeled and untouched. In many ol the es cited in The elgvorate opiuion of Judge Rapailo the bill or nar- fation Was so Vague and gebers! that something supplemental Was necessary to cnavie the delond- ant to Know what the reai cha: acter of tae charge was. When tue particulars ordered in such cases tn aid of the pleading were furnished that pl ad- ing and the particuiars combined became as definite and certain as ihe bul or Complaint in use with us is required to be when frst pre- sented, Such cases uo vot, therefore, touch the question whether the complaint belore us should be supplemented by the particulars, nor Were they cited with a view to thit question, but miply to show that the Court may, a8 occa- sions arise, order the particulars, If this Practice can ve convelivntiy and use. iully epplied to most actions tor tort, itis not to be assumed that it can be well applied t 1a case as this. The nature of ine obeace, the secrecy and studied concea.ment attending its perpetration, $ jon. A good Cause of action may exist lor a wrong, to be proved owy by circumstantial evidence, and the Plain tit ve utterly uuable to comply with au order to give partteviars as to time ay It would, we apprehend, be so in mos the cases inwhich the paruculars coud given being quite exceptional. ine particulars, When furnished, }eriori ¢ double ofice—tirst, to advise the de.endant; second, limit the plant It may be 4 abield; 1t may be asword. Betore they are ordered it shold appear that the eppli- cant needs toe information and that the otue parry can give the particulars, be held by toem asin a firm grasp in the prescribed circle, with- out materially impairing Ns rig! Iftoe subject matter b¢ such as in its ature admits of general or rejiadle injormation, a thing open as tue day, the particulars may ve ordered without n tation. On the contrary, if irom the nature 01 Subject the act or offeLee abd the circumstance are not to be thus seen, kDown or resolved, the order should be granted With great hesiiation or Wituheid, Jt was therefore tuaterial to consider whether whe defendant needed the iniormation ciaimed, and in this form. He sbows oy aMidayit that ne bad no knowledge or suspicion as to the times or p) a@t Which the p.amii? expects to rove the case and was enwrely at a loss to i m any surmise conceraing the probable line of prooi which may be adopted by the piain- uff on Che (ral. That being so he stood in the at- titude common to suitors pressed by what they deem an ariifictal or unjust claim; the fel of combat opened to bim as it has been to litigants for generations. He will recognize the tact, his learned counsel will accept the suggestion, that a de endant cannot by au interlocuiory orcer be put in tie position he wil be, giveo the light he will have, when on the trial the plaintai’s proofs are in and bis case closed, But srul the muiry is whether or not, whether the duc course of pro- cedure, the delendaut needs tnicrwation whieh can be furnished. Ifne did when the application was first made at Specia! Term, does tat want rest on bim stuly { leurn (rem the arguments aod Ll lustrations Of counsel speaking to tie case in Court there and on former occations, and from the aff- davits aud fom the press i there have been examiustions before a committee, the plaintitT present a8 a Witness; that several statements nave from time to time been given'to the public in each, the plainttif seeking to make out nis case and in bis zeal setting lorth and amplifying hig proois. The details of tne case have thus obtained a large publictty. In addition to that we have before us tue plaintid’s afidavit used at the cial Terin th resistitfg the last motion, ta whic é has and what be nas not. it ed this affidavit on file gives desired injormation. ‘This yy lis offer to accept that jor: tended the accused. sumed by Mv. Purdy, United States Assistant Dis- tniet Attorney, the statements in evidence bi purchased cour: dud subsequeaily Uurris, calung up there, had in- be given be might be pre such times he was absent trom the State, apprehensions, peculiar to a nervous suitor, do Dot deserve much attention, The statements that plain wit intends to introduce fabricated testimony was fully met by his affidavit, und we must respect that denial, The case is notin this respect pecu- lar; the like suggestion, for aught that we can see, might be made m hall the cases on our calendar. IT bave too much faith tn the orgeal to which unknown witnesses may be subjected on the trial to Hecope such a suggestion In few cases lznt be as ‘ree from a chance of being taken by surprise. As the case Is expected to last some weeks in its trivl, there would be ample time for the defendant to recover‘irom any casual surprise and meet any unexpected testi- mony, On the hearing of the Special Term Judge © McCue granted the order trom which this appeal ts taken. “Aiter his usual metiiod he wrote an orin- Jon—an opivion entitled to great respect. On the trial the order would ve of binding force and Would control Secondly—The next clause in the order precludes plaintif’ from offering any evidence at the trial to prove apy specie act of adultery at any other time or place than stated in the particulars. We think this uuproper, rot | only because prooi otherwise edmissible and somewhat circumstantial in its character would | be excluded, but because an order of non pros, | or tor such preciusion shouid not be made until alter a previous order to turmish the particulars had been disobeyed. The deprivation shouid iol- low some offence. The residue of the order pro- vides that the plaintiff shall not be prohibited from introducing testimony, contessions, and so jorth, other than as to specific acts of auultery, trough no specific time be referred to. That relates to the mere introduction of such proof, not to the effect of it when received, At the close of the argument this morning | entertained the hope that we could modiiy the order and in a sense atiirorit, baton further examination and refiec- tion we find that, according to our convictions, imp: ssible, and after mach deliberation are con- strained to reverse the order. 4. NELLSON, Chief Justice. The following is the opinion o1 Judge Reynold. The Court of Appeals has decided that this Court has “the power, If it sees tlt, to order particulars to be furnished,” and has remitied the case to this Court to decide “whether, in the exercise of 1ts discretion, lt should graut or refuse the order ap- plied for.’ Upon the former appeal I con- sidered the question careinily and came to the conclusion that this is nota proper case for the exercise of that power. With great respect for the views of my brother, McCue, to the con- trary, [still think tmat the order ought not to be made. apd for reasons given in the vpinion then | filed by me. Alter all the statements and amdavits that have been made in this matier I think there is more danger that an order so exacting as to be at all effectual would work bardship aud thjusiice to the plats, than that the defendant, without it, would suffer from surprise upon a trial which, as the counsel on botn sides suppose, ts to last for weeks, The usual Course of prowedare and the rules of evidence will, I think, conserve the nghts of both parties, I um, thereiore, in favor of re- versing the order Sppesiad irom. GEORGE G. REYNOLDS, J. ©. ©. THE TRIAL TO GO ON. A reporter of the HERALD had a short intervicw with General ‘Tracy, at bis house, last evening, and was assured by the General that the trial would, so Jar as Mr. Beecher’s counsel is con- cerned, go on on Monday next. ibougi the re- versal or the order was a surprise to them, he Said, tuasinuch as they had expected only a modi- them to go into court very heavily we ghted and with & cloud of disabilities upon them, he was stili confident that the result Would be a victory for nis client. ‘Ibere was one great satis!action aboot it, he 1emarked; 1% iets the Ttiton side without the shadow of at excuse for any turther delay. Gen- eral Tracy said that he bad bot bad an opportu- nity since the decision of seeing Mr. Evart=, but tint, so far as the triai was concerned, this;would make bo Gifference, Masmucn as it Was lully de- cided to go on on Monday. THE CUSTOM HOUSE SMUGGLING CASE. The ‘urther hearing of the case of David P. Har- | ris, a Custom House officer, who is indicted for | having been*engaged in the smuggling ol large quantities of cigars from Hivana, was resumed yesterday in the United States Circuit Court, No, 27 Chambers stree', before Judge Benedict and the wr. A. O. Purdy, United States Assistant District Attorney, conducted the prvsecution, and Messrs. 5, G. Courtney and Joel B, Erhardt de- The examination of Francisco Avellanet was re- Por the purpose of corroborating | of the witness Mr. Purdy offered showing that the witness d in wana. 5 objected to the as they we ney, tou @ bills in eviden ce, intene be said, only to bolster up the ste meuts already made by the witness. Judge Beue- dict al 1 thé papers to go in. The witness then W ton to state that on Occasions when he Was guing to Cuba he iniormed Harris, the defend. ant, or Ms intention (o do so; Harry told him to go by toe s*eamer Crescent City, ax be Kuew the Captain and Purser of teat vessel, and that wuen be get to Havana to write to pim ior the purpose of in ortaing bin when he would be coming back ; when # whart wito b talumg the cigars to his (Avellanct’s) lodgings in ness did come back be met Harris at the jarris told him to take bis small toings and that he would send his trupks con- | the Spanisi Hote!, in Bond street. This was done, terviews with Avellanet, Woica resulted im the lalter giving Harcia mouey for passing bis cigars through. | ‘Tris b e substance Of Avellanet’s tes- timony. Ris cro: xam:Mation had not concludea when the Court adjourned, at three o’clock, until this morning. THE KELLY-WATERBURY LIBEL SUIT. Anotier imstaiment of the argument on the motion to strike out portions of the answer in the | Kelly-Waterbury libel suit Was given yesterday in | Supreme Court, Chambers, before Judge Dono- | hue. In order to give the opposing counsel am- ple opportunity to say all they wished to say in the case the Court convened at ten o’ciock, Judge Donohue, no doubt, thinking the lawyers, atter | what bad already been said, would exhaust what remained of the subject by nooo. In this be Froved to be mistaken. Ex-Judge Waterbary managed to finish bis argument, eft incomplete at the previous hearing, but ex Judge Porter, who followed, bad only jairly got in medios res wien Judge Donohoe remmded firm that he would have to defer bis conciusion til to-morrow morning. Judge Waterbury baving read his printed an- swer and commented on it as he went along, con- tinued—I notice that parties Ia the inierest of the Pisin? gor it in the new a pETS that the motion Was to make the deiendanv’s wer inure defi- nite. | wisutoknow how we could Goso, with the exception Of one or twotritiiug pots. ‘The real grievance is tuat the answer 1s Loo definite, and brings Jortn again, apd maintains to be true, the letter wlieged to be jivellous. The plainnift comes inand seys fe has been libelled, anu seis forth the letter, and makes certain quotations trom it, and the defendant meeis hum and says he Wil prove it; and the piaintil cones to you aud asks you to cut oif tue deiendactirom maintaining bis defence. As tomy motives, 1 have a righs tw set up all matters Which relieve the deiendant from toe imputation of malice. diy adversaries say, “You say Kelly and Morrissey were managing @stcret, cath-vound society for the purpose of controllitg the elections, and that 1= iiogical, tor Mr. Havemeyer Bad bo connection with ‘tain- many.” 1 maintun that the answer is logic’ and just. As Mayor Mr. Havemeyer tad a rigtt Lo look after the Interests of the citizens and nave a gen- eral oversight of everytuing what bore on the ad- | ministration of pubiic affairs. Now, if through this | muchiuery there was a secret power governtag this city and putting forth the will of two men in sub- | | version of the rights and wishes of tne whole | of particulars. It must be grutlying to the learned comosel for the de- Tendaut to Contrast the position of bis sent as thus ac 1 with the position won'd have 4d had the plaint, according to the gene: urse, brought his ac- tion, and studiously withheld all statements of the proo!s be proposes to have at his command, | The application tor particulars would then have Bad wuch greater support. Deai irom the prools that the plaintuy has any act. Ua! personal Knowlcdge which couid with safety be put in the form of particuiars. He had at certain injormation by which he may bave been enlightened or may fave been misied; If not mis- led as to the substantive fact he may have been a6 to tho times and places to be designated under the order, As tae deendant bas thos all the in+ formation wt oi sne Guurt, suould he be content, or shouid that as to time and plaee be put im the form of particulars? The change in form vii] not add one jot or tittie to the informa. tion as given, The advantage gained might be one which the defendant in tho exercise of his own judgment might regret, one which might operate oppressively upon the plaintut on the trn special and theoretical suggestion in favor of the particutars remains to be noticed, It is Said (hat as the defendant innocent he may be surprised on the trai, mi ne comironted by fabricated testimony es to acts never dreamed of by bini; (bat ifa statement of (le tines and places could be extorted by the orders | But it goes not ap- | peopie, gud these two men were goveruing the city in ail its judicia! and executive departments, and seeking and clalwing torougs this machinery | arbitrary power, wasn’t lt @ matter that bore on the public interests, and wasn't it the duty of Mayor Havemeyer to bring betore the pubic that one, at least, of these two men, seeking a power | over the ciry degrading to it—should be not pub- lish the fact of these irauds, and can the defendant | be shat out from showing that the plaiuiutl was exercising such puwer, abd that Mayor Ilave- meyer had become possessed of the knowledge that plainci® was ap uuwortoy and corrupt ma ] have no such arrow idea of the Mayor's power as to say that he could not puolish these feet ase they may not happen co aflect him spo and personally. Me bad a pubic duty to and be bad @ fight to cail on his own fir assist Dim in the ormance of that d although his stout he: clear head end resolute courage do not survive Wo aid in the war againss corruption and traud which be inaugurated, the duty devolves on this deiendaut to maintain the train of these charges, tn justice alike to the living po bn 4 dead, and that duty will be iaithially per- formed. Judge Porter—My learned opponents claini that the defendant cannot exercise his constitutional rigut of justiiying the truth of the accusation, that che plaintif can take the extracts on whicu he relies from a paper not produced and then deny the defendant the rignt to produce it and prove it to be trne. He claims $50,000 for the pab- lication of this paper, end yet ho woulda not have Dim justify his motion or prove it to be true. Under the code the defendant has alleged the mat- ter charged to be libellous to be true, and the mo- | on here is to strike out that justiication and to deny the defendant bis legal tight to the tnver- vention of the Court om an ex parte triai in which he suall be stripped of tus defence, but no such at- tempts siall succeed before Your Honor or any judge, lam convinced. The plaintiff is at liberty to demur un.ess the matters ae in tue answer, if true, constitute a comet tale Cae? and the aon as not chosen to im (af, and they ave admitted for the pur; of this proceeding that our answer ts a com’ defence In law and a justification. Whether it is true or not is to be determined in a pial prius trial, That tt ts a com- plete deience is admitted by the omission to de- mur and the result to the motion, which concedes the answer to be true and only saya that tt co: tains more truth than Lt needed for a perfect de- fence. Moreover. we aasall jhe complaint 44 not to prove that as | Fraate Stee | | an assessment for $700 on plaintia’s property on | everybody knowin | Granted. B due form of law, and as containing on its face Trelevant and redundant matter, aud a8 béIng a viviation of the plain rules of pleading. ihey claim to hold us to the technical ruies of pleading, | whtcb they themscives have violated. He argued, | further, that as matter of law none but those agerieved by it can strike out irrelevant and re- dundant matter; that plainti@ is not aggrieved when it is responsive to his own irrelevant matter, In support of this theory he cued sections 116 and 164 of the code, and cl that plaintiff wanted & monopoly of te elieg: tions, but whatever the plaintiff alleges to be false, tue law gives the defendant the right to ailege to oe rue, ‘The initial charge was iounded on a letter said to have been publisiied under the advisement and assistance of tne late Mayor dave- moyer. He then proceeded to comment on the letter and the motives for tts pabiication. Toe plain nad pronounced false a tetic produce and the contents of whicu were In garbled extracis, The motive for the uon Of the Letter, he claimed, was a good oue. Was aright a citizen had a right to persorm. Senior cuunsel ou tue other side had iu the Croker vial taken the void ground that to preserve the purity of the ballot box it was proper In an | emergency to use even violence, Ouly the rights | of the citiz>n bad been exercised in the present case, The other side claim that they ure sullerers irom exe! iojury through a denial of what was set iorth in their complator. in conciusior, he took up the objections to portions of their answer and spowed, as he claimed, that such objections | were untenable and tuat the answer Canie up to | the full requirements of the case, amd Liat nota | word or Sentence otf it ghonid be stricken out. | At this potot the argument was adjourned till this morning, when Judge Porter will Hinish bis ar- gument. He will be iollowed by Mr. Ul. L. Clinton and Colonel Wingate on benalf of Mr. Kelly. ASSESSMENT FOR A SEWER. In the Supreme Court, Special Term, before | Judge Van Vorst, yesterday, H. J. Anderson sucd | the Mayor, &c., to restrain them from enforcing he did bot First avenue, Thirty-8ixth and = Thirty-ninth streets, for a sewer from Thirty-fourth to Thirty- | ninth streets and thence to East River; the refusal | to pay being grounded on the allegation that the sewer Was lmproperly construcied and damaged laintid’s property. According to the evidence | for the plainti in this Court yesterday, the | contractor, James Everhard, instead of removy- | ing the wall of an old sewer which he envoune | tered at Ttirty-tourth street and First avenue, made it part of the new sewer, although it was | nine inches aiguer than the new one, whereby the floor was obstructed and the contract violated, | An offer was made on plaintif’s behalf by Messrs. | Anderson & Mann to pay the assessment, minus | the interest, if the city would undertake to remedy | the defect in the sewer, but Corporation Counsel Dean said he bad no authority to accept the efer and the case closed, Judge Van Vorst reserving bis decision, COMPTROLLER GREEN'S TACTICS. The old Board of Public Instruction made a con- tract with Alonzo Veutch to build a school house, | avenue, occupied by Mary Stebing the amount to be paid in eight instalments. Jnst befure the seventh instalment became due he | gave a Mr, Donnalt an order upon tie Board for | 1,200, payable out of this instaiment, but the Board paid the entire sum to Mr. Deutch, who soon after assigned the contract to a Mr. Sebreger ment, however, amounting to $3,C00, bas not yet been paid, but remains in the hands of the Comp- trolier, Mr. Scureger demands the whole sum | and Mr. Donnult claims that he should be paid | $1,200 out of 1% Both brougat suits against the | city and they have been hanging fire in the courts | The Recorder remarked that the larceny was a LEGAL | who completed tue building. Tae elghth instal’ | ‘dlctments, pleaded guilty yesterday to one for i | COURT OF GENERAL SESSIONS. | Before Recorder Hackett. A PAIR OF BUFFIANS SENT TO STATE PRISON FOR TWENTY YEARS. At the Court ot General Seseions yesterday, be- fore Recorder Hackett, there were arraigned | Jobn Mocre, acclored man, and Henry Harrison, | on the charge of robbery in the first degree, and also that Ofoutrage, Both of the prisoners offered @ plea of guilty to the Orst specitication. The facts recited in the indictment were to the effect that | on the 20th inst, Moore, Harrison and another | white man, Who 18 as yet unknown, met a young white girl named Lizzie Fegan as She Was passing through the clasale thoroughfare known as Baxter strect, and took by violence from her person the insignificaut sum of flity cents. Not content with this action tue three scoua- drels dragged their unhappy vietin into a haliway | near by ahd there committed the feadisn crime of outrage. The kKecorder, tn passing sentence upon the prisoners, Moore aud Larrison, took occusion to Temark tMat the proo! presented against the ac- cused, as it stood in the hands of the District At- torney, Was abundant and strong, so that weir plea of guilty was to be exported, That hese men tad committed a most brutal aud dastardly outrage upoa tie person of the complainant there could be no question, and the case was one that calied for severe condemnnu- tiou and punishment, The Necorder considered that bo mercy coulda be shown under these circum- stanceg, even though the accused had simpltied the case by entering tueir plea of guilty. The Court woud therefore exercise no clemency, but sen- | tence each of the prisoners to serve al hard labor | 1m the State Prison jor the term of twenty years, | ‘he sentence was warmiy plauded by jurors, | lawyers and spestatora, while the two rufians | seemed to be appailed by the, to them, unexpected severity of the Court, LARCENY IN A JEWELRY STORE. George Henderson, Who was convicted on Mon- day of larceny, was brought up for sentence yes- terday. It will be remembered thas the prisoner entered a jewelry store and with the assistance of a confederate succeeded in seizing and run- ning off with a watch. Lelore the Recorder took | action Assistant District Attirney Nolan in--| formed His Honor that Henderson had irequently Victimized jewellers in this Way, and that one of them was then in Court to testify m necessary. Gespicabie one, and he would teach that class of | thieves @ lesson by sending Henderson to the State Prison for tive years. A FEMALE INCENDIARY SENT TO THE STATE | PRISON. Bridget Tierney, who was indicted ty the Grand dary for arson im the second degree, pleaded guilly yesterday to an attempt at arson. ‘Ye in- dictment set forth that en the 19th inst. the prisoner had maliciously and wiltuily sct tire to | that part of the tenement house, No. 846 First The flames had been discovered belore any great damage to ie or property bad been dene. The Recorder Sentenced the Woman to the State Pri-on foc five years. BURGLARIES AND LARCENIES. Joseph Muntanyo, against whom there were two burglary in the third degree, On the 14th of this month he entered the premises of Nicholas Rad- loin, No. 739 Second avenue, and svvle cloihing and an opera glass valued at $60, This prisoner ‘Was sent to the State Prison for four years. George Ryan and Thomas Rogers, youths, for @ long time, one of them having been tried three times. A new plase presented itsel! in the case | through the city bringing an inteipieader suit, | saying that it nad $3,000 on hand payabdie on the | oo:-house and wished to know to waom uld be paid, and asking, Mcantime, that the suits of the contestants for the money be stayea, | Judge Barrett denied the motion on the ground | that in the interpleader suit the sul) rights of tue parties couid not be determmed. Finally, in tne two actions still lef. pending against the Comp- troller, the city, under the charter of 1870, was liable for no department except the Department 01 Pubitc Works. Upon this Donnalt & Schrezer fell back upon tue mterpleader suir. ‘The Comp- | troller then adopted a new line of strategy, Find- ing that the suitors had no remedy against | the city m their separate actions he de- to continue the interpleader suit, Assistant Corporation Counsel Dean | made a motion to this effect yesterday in Supreme Court before Judge Dononue. Tere was quite an animated discussion on the motion. Mr. | Dean, as the mouthpiece of the Comptrolier, ex- | pressed evident earnest desire to pay out the $2,000 still im his hands, but wished to avoid pay- ing it to the wrong parties. Mr. D, M. Portier, who appeared for Schreger, and Mr. Williams, the counsel of Donnalt, strenuously opposed the Motion, They claimed that if sich motion was granted they wou.d, under a recent decision of tae General Term, be entirely shut of from getting | any money and that the mocion Was noting more or jess than an effort on the part of the Comp- troller to perpetrate a fraud and koep them out of their money, Judge Donobue took the papers, re- serving his decision. HENRY W. GENET’S PROPERTY. Application was made yesterday, in Supreme | , | Court, Chambers, before Judge Donohue, to vacate |gnaying stolen from the office of Adams’ Express | an attachment recently granted by him for | $160,000 against the property of Henry W. Genet. | The attachment was asked for in a sult brought on | behalf of the city, and was granted on an aMdavit of Henry 8, Taintor, appointed by the Comptroller | to iuvestigate the matter of the Harlem Court | House frauds, and the amount of money paid trom | tne city treasury to Genet on account ot the builds | ing o1 the Court House. It is claimed in such aMdavit that Genet appropriated to bis own use $150,000 of the money tius paid him, and the attachment was a om the ground of his being an absconding destor. Mr. West, who made the motion, insisted that | the attacnment should be set aside, as it was not shown that Genet had absconded from the State or was concealing himself for the purpose of de- Irauding his creditors, He cited various authort- les showing that beiore an attachment could be granted it must be specifically establisued ‘yy tn- controvertible evidence that the absconding or concealment Was for this purpose. He insisted that Genet went away ‘or no such purpose; that | mm knew fall weil that he | neyer wouid run away to avold piyment of his | debrs, but that his only object in golbg away Was | 0 avoid sentence being passed upon hun alter his | | | conviction in the Court o: Oyer and Lerminer. Mr. Parsons was going to reply in opposition to the motion, but Judge Donohue told tim it Was unnecessary for him to say anything. He added that he bad examined the case very thoroughiy before granting the attachment, | and he saw no reason for changing his opimion. ‘The question, however, ‘was ad important one, and he was willing it should be taken lor revizw before the General Tern. | On the above decision Genet’s counsel asked for | a stay of proceedings in the case, which was also denied. SUPREME COURT—CHAMBERS. DECISIONS. By Judge Donohue. Peugnet vs. Dietz; Lawton vs, Mozer; Messmore vs. Diack.—Motions granted. The Peopie, &c., Vs Central National Bauk.— Memorandum. i Loughian v8, Mathews et, al.—Motion denied, | She; pard vs. Dietz.—Motion granted. | May va. Falihee,—Motion granted. | Rey i vs. Stokes; Liboy vs. Libby.—Motions de- | nied. | First National Bank vs. Exchange Bank.—Judg- Ment granted, Matter of the Guardianship of McVonnell.—Order granted. | Cioud vs, Kimond.—Motion granted, De Junge vs, Aarson.—Motion denied. Jones vs, Jones; Flewry vs. Noelke; Munster ys. Seligman: Packer vs. Nevin.—Motions cdemed. Matter of Townley.—Order granted. Matter of Ingraham.—Motion denied. Matter of Wilzinski.—Motion denied, Schlosser vs. Lichtenstein.—Recetver appointed. taylor ve. Roche.—Memorandum. Hotmen vs, Merrill.—Order grauted, New vs, Anthony,—Inquest ope plaintit, to abide the event, Cau on calendar first Friday of January, 5 Roemmilt ys. Schoener.—Keterence ordered, Murphy va, Dickinson et al.—Order granted. Matter of Market lusurance Company.—Memo- Tandum. McLean vs. Schwarzwalder and Anotker.—Mo- | tion granted. | Munster vs, Seligman.—Motion granted, Same vs. Same.—Motion denied. Culkin ys, Kuhne.—Motion denied. Nobie ve. Nevin.—Motion grante: Hopper vs. Hopper.—Order granted. Pool Ve, Bissell.—Motion granted, Memorandum, | SUPERIOR COURT—SPECIAL TERM. | DECISIONS, | | i Costs to to be placed | 75. By Judge Sedgwick. Green vs. Bates.—Judyment for plaintit on de- murrer, Jubnston vs. Jonnston, tenth subdivision of comp Sanxay vs. Hazza Motion granted as to abe dct al—The defendants, Haz | ard et al., are estopped by thelr certificate’ froin making the defettce of usury, the preponderance of i res f being that the Dian gait bad no | Knowledge of the usury. Judgment tor plaintim ‘The plaintid’s attorney Will prepare Huang. | Scbmaier vs. Griswold.—Demurrer to the whole | answer overruled. Demurrer to matters set up ag counter claims sustained, A counter claim cannot be pleaded to the tort, and it does not appear that | the allegea counter Claims arise out of tue traps- action stated in te complaint. 1 a | COMMON PLEAS—HQUITY TERM, | | DECISION, By Judge J. F. Daly. Lord vs. Reeder.—Decree and findings with Equity Clerk i | them to imprisonment in the State Prison lor,one | cash. The prisoners were heldin defauit of $1,000 | those witnesses, | sickness; that the basement was at no time used journed for the term. Pleaded guilty to attemp‘iog, on the 11th of this | 1, month, to enter the premises of Willlam Osmond, No, 665 Third avenue. They did not succeed in | ovtainiug any property, The Court sentenced year each. ‘bomas Larkin, against whom there were two charges, pleaded guilty to an attempt a5 grand larcen' ‘The ailegation was that, on tne evenin: of the 26th of November, Larkin siole a gold march and chain, worth $200, from Benjamin Nathan, at | the corner of Fourth avenue and Fourteeuth street. He was remanded [or sentence. ACQUITTALS, Joseph Rogers, Thomas Lynch, William Davis, NEW YORK HERALD, WEDNESDAY, DECEMBER 30, 1874.-WITH SUPPLEMENT. enn ne tag ee me @lacerated wound in the ié(t arm and side and a roll of wadding in the lung. Mr. H. Kingsley testt- fled that he kuew the deceased, but he had not been in his employ — since last October, OfMcer Barry testified that he beara the firing, and repairing to the place found the man lying on his back in the pigpen; he asked bis name, and me deceased said his bame was Thomas Corr, and he was therd looking for the pigs lor Mr. Kingsiey. Mr. Bicks then took the stand, and stated that while he Was looking out of his window be saw & man crawhog diong the ience; wiiness called out to him and ke made no reply; then he ks) got his gun and went cut and shot the deceased, absence re- retired, and atter an hour's find that ‘¥ the following verdict:—"'N ‘The ju turned Thomas Corr came to Ins death by a upsanos 1874, wound, 1nQicted in his siae on Desemver 26, &t Carroll street, near Scuenectady avenue, an said gun-shot was disenarged by the hand of C tian Eicks, In our opinion Mr. Hicks fired the snov to protect his own property, but we cepsure bin for hits heats act. We aiso censure alr. Nichols’ brutal and inauman treatment o1 the said Corr.” The Coroner committed Kicks to the Jail to await the action uf the Grand Jury. BOARD OF APPORTIONMENT. DISTRIBUTION OF CHARITIES FROM THE EXCISE FUND. An adjourned meeting of the Board of Appor- tionment was held sesrerday afternoon for the purpose cf making a distribution from the Excise Fund, according to the provisions of the law, to several charitable institutions, Mayor Vance pre- sided, the other members present being Comp- troller Green and Messrs, Flanagan and Wheeler, The Board first held a private sessiou, in order to make the tinal arrangements as to the apportion- ment of the money. Tho sollowing distribution was accordingly made:— Names of Institutions, New York Dispensary. Northern Dispensary Northeastern Dispensary. Eastern Dispensary. Demilt Dispensary; Yorkv! Allowance for ‘anhattan Dispensai : 50 New York Hoinceopal Dis} “y bud Bond street Homeopathic Dispensary. 1.500 Northeas ern Homuopathic Mispensiary 70 N. Y. Homeopathic 1 College Dispensary. 750 Westorn Honywopathic Dispensary 70) Yorkville Hoinwopathic vispensary. boo Harlem Homeopathic Dispensary New York Jispensary for Discases o a ee ‘ inuicmary, Five Points Mission Five Points House, Ladies’ Union Keliet Association: Roman Catholic Orphan Asylun risiers ct St. Dominic Asylum. ‘man Hosprtal and Dispensary St. Vincent's Hospital. St. Francis’ Hospital St. Joseph's Orphan Asyiat Prison Association of New Yor! New York infirinary for Women. St Joseph's Industriai Fome tor Chl New York Female Sick and Poor. Lying-in, Asvium, Si Luxe’s Home for New York Bye and ran Intlimary ia Association jor Befriending Children and Young Giese Chapin Home New York Opilial Mary CyB nic and’ Aural Tnstitute «Protestant Ipiscopal aghcy-sixth st a Henry Estlemann and Charles Bennett were tried | upon an indictment charging them with stealing | four horse blankets, worth $25, the property of Wiliam E, Pett. The goods were found at | Odeil’s stable, in East Twenty-fourth street, to- | getaer with other articles of a similar description, | W supposed to have been stclen, The evidence was | insufficient to connect the prisoners with the crime, aud the prosecuting officer having inti- mated that, the Recorder instructed the jury to | render a verdict of acquittal Mary Kogg and | Lies! Maier were also found not guilty of a charge of stealing $40 from Heinr ch Auber on the 5th of this month in a concert saloon im Chatham street. TOMBS POLICE COURT. STEALING FEATHER DUSTERS. Before Judge Kasmire. James Waters, John McGuire and Jobn Barry were held yesterday im default of $2,000 bali each for | Company, at No. 1 Greenwich street, $66 worth of | leather dusters, Which had been ieit there ior transportation. ROBBED IN BLEECKER STREET. George E. Hill, of No. 84 East Tenth street, yes- terday charged Peter Hogan, Charles Smith and | Edward McKnigot with having stoien from him, while in a saloon at No. 50 Bleecker street, $50 in each. ARSON. Until Wednesday last Mary Hogan was employed | as a domestic by Mrs. Cowperford, who keepsa boarding house at Ne. 301 Peari street. On tho | day mentioned Mary Hogan was discharged for cause, Yesterday morning carly sie went io her old home in Mrs, Cowperford’s house and sat- urated the beas on the top door with kerosene oil and set fire to them. The Juage held Mary with. | out bail to answer, i —— | FIFTY-SEVENTH STREET COURT. A CASE OF PERJURY “THAT GREW OUT OF THE | M'INTYRE DIVORCE SUIT. Before Judge Morgan. John A. Machado was arraigned on a charge of | perjury committed, as alleged, by nim when called | upon as a witness in the McIntyre divorce suit, | which has lately been so much before the Court of : Common Picas. Charles McIntyre, the defendant in that sult, appeared as the complainant against Machado, and if his allegations and those of his | witnesses be true, Machado will find bimselfina | tight box before he gets through with the matter. | Two very damaging witnesses were projuced on | behalf of Mrs, Mcintyre by Machado, who became mixed up in the case througi the late Judge McCunn’s connection with it. Machado was placed on the witness stand to tell how lic bad procured | He swore tuat their names were given to him by Judge McCunn tn the basement of his house, No. 208 West Twenty- first street, during the month of February, 1872, Hero is where it 18 clatmed by McIntyre that he perjured himself, and im support of the charge he brings torward ‘Mrs, McCunn, her servant girl and another woman, wno swear that during the mooth named Judge McCunn had hardly ever left | his bedroom, on tie third Moor, in consequence of by him to receive visitors; that Mrs. McCunn was no relati n of Machado or his wife, nor had she any acquaintance with him whatever, as he had sworn before the referee of the Court of Com mon Pleas. Machado says that he can easily disprove the | charge of perjury, which has been brought against him by Mcintyre cut of mere spite because ne did | Hot swear just to suit his purposes. He was com- | mitted until to-day, When Jadge Otterbourg, who | issued the warrant for his arrest, Will take cog- | nizance Of the case. COURT CALENDARS—THIS DAY. ScrReME CourT—CidAMBEns—Held by Judge Donohwie.—Nos. 80, 88, 91, 105, 125, 16i, 170, 209, 224, 22%, 223, 235. | Stpremg’ CoURT—GeNxERaL TeRM.—Adjourned | until Taarsday next, j SUPREME COURT—S?ECIAL TERM—Adjourned un- til Monday, January 4, 1875, SUPREME COURT—CIXCUIT—Parts 1, 2 and 3.—Ad- | Superior Covrt—Thta, TERM—Parte 1 and 2.— Adjourned for the term, CoMMON PLEAS—liquity TERM.—Adjournec for the term. COMMON PLEAS—GeNERAL TeRM.—This Court | wil meet om Monday, January 4, 1875, at elevon o'clock A. M. ComMON PLEAS—TriaAL TeeM—Parta 1 and 2— | Adjourned jor the term, | ARINE COURT—iRIaL TeRM—Parts 1, 2,3 and | 4.—Adjourned for the term, | GENERAL S#ssilons—Belore Recorder Hackett.— Tue Peopie vs. Join Brown, robbery; Same va, | Robert Murray, burglary: Same vs, Daisey Jack. | gon, grand larceny; Sume vs. Willlam King, grand | larceny. THE CHICKEN THIEF TRAGEDY. VERDICT OF Ti% CORONER'S JURY—UNJUSTIFIA- BLE SHOOTING. The inquest ag to the killing of the suspected | chicken thief, Thomas Corr, by Christian Kicks, at | Kast New York, on last Saturday night, was held | before Coroner Jones anda jury yesterday. Dr, | | Edward Field, the physician at the Brookiyn Clty floapital, testified to having made @ post-mortem | examination of the body of the deceased: he found | SI Co 200 Howard Mission and Hot ttle rors. 1,009 Home for the Aged (Little sisters of tho Poor) Low audies? rere . ny Women’s Prise 50 Samaritan Home... 700 Dt. bligabeti’s Hospital, Thirt 10a Orphan Asylim, corner Fort + Mexington aveniy 1,0” Tompkins Sauare Hou ‘5U New York Opthsimic 5 Mount Sinai Hospital lung Chureh Mission tor Den West side German Dispensary 00 St. John’s Gailu 1,000 2 ¥ Orthopedic Dispensary 2.500 Home for Aged and infirm Hebrew 3 St. Vincent de Paul's Home tor bo, ‘$0 Home for Uld Men and Aged Coupies. 40 Midnizht Mission.. . 500 Metropolitan 1hroat Hospita’ 7 West side Infirmary for Diseases’ o! -. 500 c nd 390 Houye of Rest ior Consumpnve: 30 Working Women’s Protective Un a0 New York Ear Dispensary . ey 30) New York Free Medical College tur Women. Boo Society tor the Relief of the Dest.tute Blind 1,000 Vomen’s Poxpita eee Lc) St. Luke's Hospital Novo St House 20) ry tor Women. 0) Iored Mission... 30) ailen and Friendlies 3,00 C00 ies’ Society tor Support of MW * phans, St. Matthew's church, 509 New York State Hospital for vis: “Hidusstetnt “ding, street, near Eighth avenue.. i The society of =& Vincent De Paul of the New York. Women's) aii ae oun Gir! Colored Hom 13 New York Free 1 4 St. Joseph’s Home, 1,00) street St. James’ Taquseziat Sel wo. Soctety tor the Heliet of ream 500 New York Diet Kitchen .. a0 Homeopathic Medical College for W bu for Womei Ladies" Union Ald Society of the Methodist Epis: copal church New York Aaso tion of the Poor... : United Hebrew Uhurittes of the TOL. .ses 0000. seve . A resolution was adopted auttoriat op’ authoriziog the Comp- troller to issue bonds to the extent oF $10,¢09 1or the payment of judgments which had been or mught ve obtained agaist the city. ‘ine Comptrclier introduced a resolution to the effect that as some question had been raised re- garding the transfer of a portion oi the interest ap- propriaied for the debt or tne city tn 1873 to tue liquidation O: the interest Of the debt lor 1374, the matter be now formally recognized by the Board, The Comptroller subautted tuat the law made am- ple provision ior such transfer, even without the action of the Board, Some discussion joilowed on this subject, and it appeared thaton the i9th of December, 1373, the estinuates agreed upon for the interest on the dept County | 0 | order to prod 0) | oficial capacity. In regard to the dist | to unnecezsary suffering, 07 to his great cor. | puenos). or into a larger eter adapted for e is dimensions, He wore the prison dress, hows Tno Board of Health called upon the Commis. sioners yesterday in :egard to the transfer to them ot the Smalipox Hospital, but nothing definite was decided. _King Kalakaua, who was invited by the new Commissiouers to Visit the institutions, declined his pleasure, with many thanks, «od Hence the Daupers and criminals on the islands Will not be | @bie to ask in the presence of royalty. MUNICIPAL NOTES, | All sorts of rumors are fying around the City | Tlall, the most prominent topic being the proposed | action of the Mayor in relation to the report of the Commissioners of Accounts. Mayor Vance is giving the report careful consideration, but as yet expresses reluctance to make its disclosures pud- | he A wag suggested that the charges contained therein, when published, will cause a general alaral. Three ballet girls, representing the troupe at the Globe Theatre, waited on the Mayor yesterday and complained that the proprietors of that estab- lishment had reused to pay them their salaries. Their statements baving been taken down in writ- ing, the matter was referred to the Women’s Pro- tective Ucion, in Bleecker street. The Boaid of Assistant Aldermen intended to | hold a meeting yestercay evening, and it was ex- | pected that action would be taken on the Brovklyn Bridge resolution recently passed by the Board of | Aldermen; but, in the absence of a quorum at roll | call, the mise (tie se adjourned till Thursday next, | atone o'clock, 1t ts said that the members of this | Board tnutend to contest the cons<itutionality of | the act legislating the Board out of existence. « The City Record Commissioners met yesterday, and afier passing some advertising bilia ad- | journed, STERN’S VINDICATION. eee arena | THE LATE CHARITY COMMISSIONER DEFENDS HIS CHARACTER, H New Yorg, Dec. 28, 1874. | Hon. Sauvrn B. H. Vance, Mayor:— Sin—I am advised by eminent counsel that the unjustt- | fable and malicious attack which you have mado against my official and personat character is a privi- leged communication, and that I cannot maintain an action before the courts for the vindication of my chi | acter. 1, theretore, invite you to a consideration of the | following facts :— | On thursday evening, the Sith inst., I recotved at my | residence the official notice of my removal from office, | assigning as reason criminal violation of duty. This notice would hardly have called tor a reply, as the ques- 1 which constitutes a criminal violation ot dat; by law to the discretion and decision of tho Mayor ant the Governor, and cannot well discussed ; but on following morning, I saw in the papers your correspondence with the Governor, which, from beginning to end, a tissue ) misstatements, anjust aspersions ahd indiscriminate | defamation of my personal honor and character, doing oven greater Wrong by the reflections and Insinuatio | thrown out, and leaving to interence all that malice an | eninity choose to draw trom it. In justice ty myself, therefore, [ feel compelled to appeal to an impartial public tor redress, in your correspondence with the department of which | fwasa member yeu saw ft to give to the public your + communications’ (ever boiore they reached us), and withhold ng carstally the answers maae thereto. The same course you have pursued in the final correspond | Chee, whether deaignedly or not 1am unable to say... As Ts.ated to you in m ut letter, I wa appointed to | the office of Commissione: of Public Charities and Cor- + reetion without any solicitauon on my part, and from the moment that 1 entered upon my official duties £ have cndeavored to discharge them conscientiously, tothe beet of ny abiliry, in the interest of the depart. mentand the public. In the performance of my duties | [have not been guided by partisan or personal motives, | nor have Lbeen influenced In my actions by any other Cousieration than that ot performing my whole duty and nothing else but my duty, No man would have | dared to approach ime, with, ofers of any kind. and’ E must brand as talse and malicious any insinuations or Cuarges of my having ever received or ever having been oftered a consideration of any kind or in any shape in uce a bias i my ollicial actions. I evert reiused In the past year, When solicited to do ‘so, to be- come an active meinber of the general committee ot the party to whieh 1 belong im sympathy, In order to escape , the necessity of sialduiy, as @ public officer, to any in- fluences that might be brought to bear upon mein my et Charges made gainst me alone, { must state: EED'S TREATMENT, | My action in regar! to ! weed, as faras I am person- | ally concerned, was in pertect harmony with tho law und in accordance With resolutions @fopted by a ma- jor.ty of the Board. Widiam M, Tweed ever since Lis huprisonment wears the garb of the class of prisoners 01 dof misdem-anor, not the striped dress. as tho regulations pr ibe thetdress tor those convicted of Jeiontes only, as a distinguishing mark ot that crime. ‘ Yhe room im which Mr. Tweed is contined constitutes as much @ part ot the yn proper as the cell wherein the 1owest coaviet 1s confined, and is better guard even thaa any other place in tie pri te ‘TWwee removed from the cell because £ was convinced tha: confinement there would have been death to him, and | Was unwilling act the part of in this ac. | ton was solely Saris considerations of , humanity, and no gilt of however high, coull have induced to act’ diifereatly, no ; Would I taka any diferent action today, were 1 | tocome up for my decision. 1 teel no reproaches tor | Violation (of duty, but a consclous satisfaction of having | pertar my duty, and have nothing to take bac recentiy fount two convicts suiteri : + | they were removed on iny rezeiutiou, by order of Board, to the Charity Hosiltak Though prooasiy, hot warranted to doo by the leticr of the law. we acted in | accordance with a higher law. Lappealeil to the Gove | ernor for the pardon of the two persons, seeing that their time of life was nearing its end, and’ feeling that by you, against me an: Tw: angman. by office, me fering from phthisis; 50) | the Inw had been tully sutisiied. The Governor saw fit | todisregard my appeal. One of the prisoners hag wings died, and the other, a girl agod twenty yoars, wil soon be relieved trom prison by a higher power than that of the Governor, ‘The chiet mag: istrate of our State may have acted accordi | to law; whether he has acted according to the demand | ofa higher ciyilization I must leave him to decide Most of the prisoners are cmp:oyed ontside the pri | proper, in the kitchen, and as runners and servants i, he warden’s house. ‘iheir movements are not confined, | but they are not Willtam M. Tweeds, and politicat ca tal has ho use for them. ‘The treatment which Tweed | recetved at my hands has been extended to the meanest prisoner, and even more so, whenever the case de- manded it, nor am I aware that the law calis for any- thing else "but safe Keeping of the prisoners: and the Proper guarding of their, health ts as much of a sacred | duty as any other imposed upon those thut have charge of their custody. The individnal treatment is lett to te warden and keepers, and personally iam not aware that auly such privileges were extended to William M. Lwe as are charged. However, these are minor. conside! tions, The ‘insinaauons thrown out that these dadi gences Were purchased; that these privileges wore Clired to 1Woed by arrangements to which Mr. stern Was a party, 15 a talsenood unworthy of a gonileman Who ocouplés such a high position, You have no right to make covert charges. It they ‘are (rue then your duty wouid have been to investigate them, establish their truta by evidence, and see to it that to th? offender Such punishinoncve nected out ashe deserves. A pablic oflices who takes a bribe 18, in my opimo: i ater of 1874 wmounted to $9,120,536 86, 8 | criminal than the prisouers confined a ee Em ue f tae ie waten, | be confidence ia public or privaie lie, and deserves to ol e@ of jal following, were re- | 3 cl duced to $8,390,000, tt 4 ¢: CAST OUT OF SOCIETY FoREVER, was found necessary, however, to maxe use of $500,000 more tor vhe pur- pose mentioned, whicn sum the Comptroller said be was compelled to take trom the surplus from | the sum appropriated for 1873, Comptrolier Green lurther added that the matter had been thor- e Mr. Wheelcr, President of the lax Commission, said that no such explanation had, so lar as ho knew, been made to the Board. He had been led to | believe that the sum of $5,390,000 was all that was | wanted aud that the members of the Board never knew, untilthe meeting on the 22d of December, that there had been any balance Irom 1873, or that if apy existed it had been used for the purposes set forth by tne Comprrolier, , Alter some discussion it was agreed that the resolution siouid be Inid over for further discus- gi _ the Board adjourned until to-day at two jc COMMISSIONERS OF CHARITIES. THEY INTEND TO MAKE BUT FEW REMOVALS. KING KALAKAUA DECLINES TO SEE THE IN- STITUTIONS, The new Commissioners of Charities and Cor- rection have now settled down to business and hold brief meetings every day. They have changed the time of those sessions. The old Com- missioners were wont to meet at ten o'clock every morning, but the new Board bus determined upon @more conventent time—namely, four o'clock in the afternoon, when the Commissioners come ap town from their respective offices, Mr. Donnelly, who was questioned yesterday tn regard to the policy of the Board, said that, so far as ho knew, bot many removals would be made, and onty those for cause. 1t would not be the aim of the Board to make remoyais for the sake of a Mere change, but that good officials weula be leit to continue iu their spheres of usefulness, As far ag the treatment of Wiliam M, Tweed was concerned, Mr. Donnelly was unable to say whether he wore now the usual prison dress and conformed = in every respect to the rules of the Penitentiary, ag he bad noc as yet found time fo visit the island Women acts One important change which the new oard intended to make, Mr. Donnelly observed, Was to give the appointments oO! the visitors of the poor to two of tie principal charitable s0- clenes—that of St. Vincent de Paol and the so- ciety of the Straugers—and to thus take them out of the bands of the poiitictans. There are about 160 of these visitors, who are paid $300 a year,’ and whose duty it is to personally Investigate every case of destitution in which the Superintendent of Outdoor Poor—Mr, Keilockentertalus a doubt as to the perect worti {aces of the claimants for charity, Mr. Donnelly aiso stated that the new Commissioners | Were quietly overhauling the accounts of the de- partment, invesa ating ita financial status and examining lito the condition oO; cach inscituion | particularly, Mr. Donnelly, who is a man of great business energy, speaks with great hopesuiness of (ho possibility of enlarging the usefulness of the department, ir, Bailey said that he had given verbal instruc. tions to Warden Liscomb on Sunday last te grant no further privieges toMr. Tweed; but could not state Whether lio had been put into the ordinary small colt (which, it 18 claimed. would aubject bun | | Mr. Mavor! You have cast a siur upon my cha! | asa citizen, ava tember of society, and 1 Mery you to | either make good your assertions or be re potisible tor the un and unjusuimbie attack; for ananly, Cpt te ie chara or offic al distinction or_ti SB. s that T shoul if that is vossib establish your charge, or to retract it, the public as such condue t would desert ne {PORCHASS OF SUPPLiNS. r charges in regard to the purcase of « 3 not better founded stain those in rezard tox a ireae ment ot Willam M. Tweed. Yon again make me re: Sponsible for a transgression of the iaw of which all my H-resp. + either to be judged by | colleagues, if the law can £0 construe: As to mstitute our action a violation Nie were equaily uilty with me. You have a cepted the resignation of one of them, who I: personal and political frond, snd transfer the entize ro- Sponsibility upon toe, who’ certainly had no greater | share. iho Commissioners, however, have showa tha | even if their actions constituted a breach of the letter ol | the law, they dia so in order to better comply with its | spirit, Which souzht to secure an economical administra: tiov, and you must admit that the cost of supporting the institutions has been reduced under our adintatstration to the lowest minimum ever reached, ot tw ven ita per day. There are no transyetions, as hag | buen fully proved on investigation proviously had, which | were prejudicial to the city. Tp the transaction “through & member of his family.” which hay veen made the ti- strinuent of ralsing any amount of dust, ths cit stead of suffering any prejudice, wis Lenottet. The Fools pureuased, were obtaiued at a lower cost than he same goods were purchased for atany tine previous, and the profit which Louis Steinbac Upon awards of Was Not Acomn D : ttone Nov did he LAppened to be a rela offered the goods at the obtained contracts of a ssion, but tain the p will co’ ly obtain contracts from the Comaiasio: appointed by you, as th doubt will award the tract to those who can Offer the most taverable te ms, One of the most conclusive proofs that can pussibly be furnished ix that the prices pad for dry gools were much during the latter part of last year aad the Wat althouweh the Jarl mbe harge Was over 1,(0 greater th ears and 5 amow: tire year noc exeved $45, quird np comment; they spe: NOTH EM CHAR! AN The further sta’ iment Wat & merchant was only as lowed the custom or the deparinent atter he had ene son of Mr. Myer Stern, and throug @ onddloman hag | arreed to'pay such mahidlemai tive per centum on the e tive he purchases Aue Would Not ie bay cor nding! 4 icreage of commit: from vemnning to end. f hav porchases made, and thi Werg discontinued becau crense his price for the | with such increase a | sion, [brand as fal never received nor bys a son of mine re J any coms ¥ mission of considersilon tr: ator trados. man as tong a3 1 w was with o1 anowiedge and coneat or 0 owledge ani sept of my 1 such a commission or | consideration paid to nn; | peat here again | received induce m: ) of person; and [ only re. hot most emphatically, that T ever any consideration or commission or tion with my official dary and ‘ii which you have condueted the Urely ex parte, You saw fit to seek b | evide dittes in the deparunent Withoat ners (Ne siiehtage oppors tunity (0 ¢ evidence or inquire (ito its ly ike one Who does not hold ty even, a3 you expressed your- ksacause wherever it may bé st known to yourself, VR AND Pistons, | You evidently overlooke’, ‘2 the zeal of the politician obligation due by one’ gantic the good cha, only Ait Rat * Vou | the scales ot just ce pri A21f 10 Me, oUt Who ae! | found, tor'purposes be hav | | [CONTINUED ON NINTH PAGE.) js ¢ an co ansihat, amd i!