The New York Herald Newspaper, December 31, 1874, Page 8

8 THE COURTS. Conclusion of the Kelly-Waterbury Libel | Argument. Suitors Against the City in a Quandary. AN INFORMER ON SMUGGLING, The Erie Railway as Buyer of) Stocks, ‘ Conviction of “Bobby the Welsh- man,” the Burglar, Mf. Jonn S. Lawrence, as referee, opened the ease of the New York Central and Hudson River Railroad Company against the Metro) olitan Gas Company. The action asks Jor appointment of com- » Missioners to fix the value of certain land on the North River front owned by the Gas Company and | elaimed as necessary by the railroad company to connect tueir tracks with the new cattie yards, Two or three witnesses were examined, but nO evidence of importance or interest was elicited, the testimony being merely of @ preliminary mature. Mr. Peter mitchell, a member of the bar of the Btate courts, was yesterday admitted before Judge Benedict to practice in the fecera! courts, The Supreme Court, Geversl Term, meets to-day to render decisions on cases argued at the last term. [ is expected also that the Tweed certio- rari will be argued. A panel of 100 jurors was drawn yesterday for the retrial of Scannel /or the murder of Donohue, on Monday next, in the Court of Uyer and Ter- miner. In the matter of the attachment for $150,000, obtained by the city ageinst the property of Henry W. Genet, to cover his pecuiations in con- nection with the Harlem Court House, the appli- cation to vacate which was denied by Juége Dono- | hue on Tuesday, an appeal was enterea yester- | @ay from the decision of Judge Donohue to the Supreme Court, General Term. It is stated tnat if the General Term holds that the attachment 1s good, the case will be carried to the Court of Appeals, THE KELLY-WATERBURY LIBEL SUIT. At length the long drawn out argument to this suit on the motion to strike out portions of the answer was concluded yesterday betore Judge Donohue, in Supreme Court, Chambers. There were two further instalments of argument, howe ever, one at the opening of the Court in the morn- ing and the other at two P, betore the argu- Ment was finished and the papers submitted. At whe opening of the Court the argument in opposi- tion tothe moton was continued by Judge Porter, who appeared, with Mr. Waterbury, for the de- fendant, Mr. Kelly being represented by Henry L. Clinton and George W, Wingate. Judge Porter reviewed the various defences contained in the answer and degied that any of them were objectionable. He asserted that it was sought under the pretence df this motion to pre- clude the defendant irom producing upon the trial the evidence to sustain the eharges he made, | and which Le contended were true. He gracetully complimented the opposing counsel! as “leaders of the Bar, the one eminent in his youth as the Other 1s in his maturity,” but deed them, with all their industry and ability, to produce a single Gecision when a denial ina pleading had teen Made more definite and certaio, and claimed that | \ relative to his duties and the nature of the office. the Court bad no power to require @ party to ad- mit or deny anytuing. Mr. Clinton, in reply, repelled the assertion that the plainttm was unwilling to mect tie ques- tion of the trutn of these cuarges, and assertea that & was the defendant who was endeavoring, by oringing all sorts of outside matters into the ease, to shelter himself behind them. He read the j1bels set (orth in the complain, and then dis- cussed the various seciions of Lhe answer, ciain- Ing that the deiendant turoughout “dodged the aii issues Of the case” ana sought to substitute irrelevant matter, That the fondamental error of the deendant was his argument that unless the corresponaence pub.isned in the Rewspavers was Inserted in his answer e could Lot prove it on trial, It was ev:dence, not pleading, and he might as well have annexed to lis answer am- Gavits of all Ms witnesses a8 to what toey would prove, Mr. Clinton then discussed tie dif- | cuit Court, | jor building @ Schoolhouse. | { | Ene Ratiway Company; only assisted Mayor Havemeyer at his request, au denied that ac tad used him in any way. This having concluded the argument Judge Douonne wok the payers. GREEN'S INTERPLEADER SUIT. A decision was given yesterday by Judge Dono- hue, of the Supreme Court, in the interpleader suit of the city against Danvat & Scbreyer, the basis of the suit being preliminary suits brought by Dannat & Senveyer for $1,200 cna $3,000, re" Spectively, claimed to be due them on 4 contract Yue Courts baving decided that the city cauaot be beld Hable for contracts made with any other department of the riment of Public Works, the Compwolier now seeks to discontinus the suits, ‘The following 1s Judge vonobue’s decision + parties, each ciuimasum of money ib tue plain- tal’s hands, each having a suit Jor the amount, ‘This bill was fied by plaintuT 10 ask that the plain- tul be relieved irom responsibility by depositing the money and letting the couresting delendants sett.e who owned it. At (his (ime it suited neither | ©! [be Jevendants to allow this equitable adjustment fuu tuey Opposed ana dé.eatea it by deieating & for an iujapcrion, each of the defendants sting that he nught, in Nis suit, compel the no meutol the amount clazmed and both untredly pug to get doubdle tue amount the piainug y owed, This wood intention on the defen- ants’ part Was irustrated by a decision in their ludividual Cases, ho ding of & question O/ law that the acuions ioust fail, Now, then, the plaiu til hav. jog falied lo Obtain a real standing Jor its Cuse in court, asks (oO discoRUnue it upon paying costs, The defendants are exceedingly equitavie in ap- peahog to tne Court, 1 think I must let them Stand where they did whem ‘hey deleated tue in- junction—that is, that the piaintim having no iglt to the relie! may discontinue the suit. The mution must be granted on payment oi taxable costs tu each defendynt up to the 7th Noveniber, 1874. No costs on this motion, A CUSTOM HOUSE SMUGGLING CASE. The further hearing of the case against David P. Harris, a Custom House officer, who is indicted for having been concerned in the alleged smug, giing of large quantities of cigars from Havana, and ior Daving received bribes [rom one Francisco Avellanet for passing quentittes of cigars through the Custom House without payment of duties, was resumed yesterday in the United States Cir- at No. 27 Chambers street, before Juage Benedict and the jury. Mr. A. H. Purdy, United States Assistant District Attorney, con- aucted the prosecution, and the prisoner was ue- Jended by Mr. Samuel G. Courtney and Mr. Joel B. Erharat. The principal witness for the prosecution was | the informer, Francisco Avellanet, who was unger cross-eXamination all Gay by Mr, Courtney, He testified to the several iuterviews which he satd he tad had with Mr. Harris, wno, he stated, had told him to come trom Havaua in the steamer Cresceut City, a8 be (Harris) knew the captain and purser Of that vessel, they being friends of tis. Harris demanded money froin bim for patting, the cigars and witness paid him $100, $250 an $300 at diferent times, Witness was parvicolariy questioned as to how he came to go down to the oifice of Captain Brackett, special agent of the Treasury Department, No. 47 Broadway. He said he was taken there by @ irtend. A'ter conver-ation with Cuptain Brackett, who informed the witness that he knew ali about his smuggling transactions, having been tvformed of tnem by telegraph from Havana, the witness said he made an afidavit of the tacts as he knew them, | but thet no person had told him that if he made a | statement telling the truth and disclosing tne names of the persons who were implicated with him tt would be better for him; he lieved that he (Avellanet) was now ongtrial for smuggling along with Mr, Harris, and he did not know ex- actly what the jury were going to do with bim— (aughter) —be did not kuow tnat his cigars were seized until he weut down to the office of Captain Brackett; he was not told by anybody that ti he made a statement concerning the case aud what be Knew aboat it he would not be punished. The cross-examination continued until after the usual hour for adjournment, when Mr. Purdy briefly re-examined the witness, alter which the Court adjourned until eleven o'clock this morning. ERIE STOCK PURCHASES. An adjourned hearing was had yesterday aiter- noon before John 8. Lawrence, as referee, in the case of Angell va. The Erie Railway Company et aL, on a motion for injunction. The charge is that tne company improperly purchased 5,000 shares of the Buffalo, New York and Erie Railway, as ulready asnnouaced in the HeraLp. Augustus R, McDonough, the Secretary of the Erie Ratlway Company, Was sworn and examined He testified that he has been secretary of the com- | pany since April, 1873; all minutes of the direc- tors’ meetings and those of the Executive (ommit- tee are keptin books; the treasurer nas charge Of ali stock certificates, and they are finaily Ueposited with the auditor; witness presumed he had the etock purchased from the Buffalo, New York and there are four or five | minutes in the directors’ book mentioning trans- | actions of the company with Bischoffsheim & Gold- schmidt, but cannot give any of the dates; there | are possibly minutes of contracts entered into ; With Bischofsnetma & Goldschmidt; cannot recail ferent defences, showing tbat they raised ques- | tion tn regara to the democratic party, the regu- larity of the plaintiffs election to the State Con- | vention, & which bo court could posstbiy try, and which, If (rue, constituted no excuse lor these livels. In arguing agaimset the rightof the de- fendant to bring in Havemeyer’s frst letter, and hese minutes theo assert it to be alltrue, Mr. Ciulnton reaa tne Gifflerent portions in whicn the Mayor asserted that he Was a schocimate of William Leggett and | Secretary. & iollower of Silas Wright, and attacked Tammany | chase of the Penasyivania coal jands, having Hall as well as those parts where te claimed that Chariick and Gardner had been ee iat commented upon tuem to sbow the Larpossil Of trying such matters tn a suit for libel. itty | entries relative to contracts with Morgan & Uo.; Co not recoliect any such entry in the books either | befure oracter taking office; there are.entres relative to the purchase of coal lands in Pennsyi- | yania probably in two or three instances in the | Board of Directors book, but cannot recall dates; they mustbave been made about the return of Mr. Watson trom Europe, in the spring of this | ear, but the witness could not be certain; do pot go into detall, giving merely the outline of the purcnases; all derda apd abstracts of tities arein the keeping of the Witness bas deeds relating to the pur- re- ceived them at diferent intervals during this ear through Butler & Daring, of Scranton or EsYbondate. the ugents who sold the lanis; the Erie Company have numerous contracts relative Mr. Waterbury, who had become rather uneasy, | to the purchase of these lands, about the same here tuterrupted and denied that these matters Jormed part of the auswer. Mr. Clinton, in reply, read from thi: Show that the letter was made part every statement contained in It Was stated to be true, and cla'med taut Mr. Waterbury in his argu- Ment bad himseli stated that he vad aright to prove uli of them. He then proceeded to discuss wnat Mr. Havemeyer said Mm that letter about Jadge Westvrook— Mr. Waterours—Why don’t you mention what | De said about the lawyerst Mr. Cilniou—I certainly shal. ceeded {0 allude to the charges made against At- torney General Fairchild and asserted tne idea of | Coal Company the defendant to lave been to use this case to re- try Charlick and Gardner, and at the same time to throw as much odium as possiole upou all wao | were engaged as counsel Or otcerwise in their | prosecution. At this point the argament was adjourned to | two o'clock. | coal lands in Pennsyivania except those in its | number as the deeds on and, but the witness bas possession-of no abstracts of tities, though it is answer to | understood that they are in course of preparation It. and that | py Butler & Darling. Witness has not examined the contracts or deeds, except to verily their contents, and dees not know the locality of the lands, not even the towns or counties; does not know the grantor’s bame; the name recoilected was only that of Dr. Early, one of the grantors, but do not remember his name occurring as grantee; no other name occurred; do not remember how many times Dr. Eariy’s He then pro- | name occurs; do not recall the names of the till side Coai Company or that of the Northwestern Company bas received, as witne-s uninks, con- tracts {rom one or both of these companies. One of the counsel for the defence remarked that counsel jor tre piainuil was pursuing an ignis Jatuus, but he would just state that tne Erie Rail- way Company bed never purchased an inch of Mr. Clinton continued after recess. He alluded possession for some years past. to the reputation of Attorney Geuerai raircniid, | and stated that, with tae success that attached to gil men who were attacked by Waterbury, he had, Bince the Charlick trial, received the well-deserved comiums of the Bar, He then alluded to Colonel Wingate, nis associate, spokea of by Mr. Have- meyer a8 a legai runner jor Jono Ketiy, and yet Woo had that moining been spoken ol! by Juoge Porter, 4 Man of eminence ana iearning, a4 one of the leaders of the Bar. Probably, however, de- fendant meant by legal runner that he had suc- ceeded in passing his competitors at the Bar. Mr. Havemeyer's allusion to Mayor Wicknain ‘‘as de- serving to obtain & good ofice,’’ he stated, had ince been borne out by his election as Mayor. He then alluded to the attack on bimseif in tne letter. He regretted that Mr, Waterbury bad Bot set forth the compuision that it was stated that he (Mr. Clinton) had brought to compel his clienis to elnploy bin in the proceedings vetore tne Governor in reference to Havemeyer’s re- moval. He said that if Waterbary’s knowledge of Jaw was equal to his invention of facts be would be the greatest lawyer im the United States. As to the siavements of {riendsbip to Tweed alleged in the levter, pe staied he bad but a speaking ac- Quaintance with him bad received no at his .auds, On tbe contrary, io March, 1870, when the King was in fail power, he assisted fzing a rebellion in the democrati Party againss Teeed, and subsequentiy oppu the Tweed Churter and the Ring wi every possible way, and Qtoved ‘rom nis speecues to show the determined Opposition he had aiw: shown to it, especially 1p 1871, When be co-operated with Mr, Havemeyer, ‘Who Was tue chairman of the committee of ten lhe was a prominest member. That, as Have- meyer baa personal Knowledge of those facts, Waterbury was the real author of his ietter in in organs these particulars, and used Havemeyer as bis tool | to jorce bis way into Tammany Sail. Mr. Waterbury here stated ‘that he did not Want to get back into Tammany Hail.’ Mr. Clinton—It is but a iew months since you did your vest to get in and were deeated by & large majority. said ;—‘‘You, ‘ateroury, know that irom the beginning there was no than in the city that nas done more against the king than | have, d when yon used old Mayor Lavemeyer to insert these charges in bis letter you asserted what yoo knew was uot true.” Alluding to the auewer in ing again ineagemoted by Mr. Waterbury, he | | Witness bas private memoranda of these coal lands (she Hillside and Northwestern companies), bat cannot give detail unless required to furnish it; bas the impression that the stock received was that of a majority of the capital stock of these companies on or about July or August, 1873: there are entries in the minutes relative to the last two Gividen is declared td tue Erie Company, probably one jor each dividend, Counsel for deiendant being here requested to | furnish certain Gocuments and memoranda he declined to comply therewith, the «question be- ing referred to the Court. The counsel for plaintitt asked witness to produce the minutes of the Board of Directors and those of the Executive Committee reiative to tne deeds, contracts or ab- stracta of title of the Peunsyivania coal lands or to the Alllside and Northwestern Coa! companies, but, under advice of his counsel, he declined to comply. Counsel then explained that no papers would be produced unless the Court #0 ordered. Witness does not know whether any moneys have been disbursed by the Erie Company in pay- | ment for these Pennsylvania coal jands; vouchers lor these expenditares woold be found with the treasurer and auditor; witness remembered a ight discussion tn the Board of Directors regard- ing the purchase of the lands; there was only one discussion, which occurred in the early part of 1873; rememioers that there were present, among others, Messrs. Watson, Barlow, Robinson and others; alter the purchase of the 5,000 shares of the Buffalo, New York and Erie Ratlway witness cannot recali any further action towards purchas- ing more, hor was there any mention in the min- utes of the Board; if there was any such transac- tion it was before witness became connected with | ue company. ‘o who an charge of the letter books? A. Each department controlied its own books, A question asking if the bonds were guaranteed by the Erie Company was answered in the afirma- tive; but the question was objected to and stricken out, as were severa) Others of @ similar character, The case was then adjourned to January 4 at three o'clock P. M. THE SEE PERJURY CASE. ‘This case, which came up vefore Judge Kasmire, at the Tombs yesterday, and was adjourned by reference to the proceedings Of Tammany Hall, be | that magistrate to Jemerson Market Police Court, “How is this matter relating '0 4 becret so~ ciety tobe tried! Are the jury and Court to be ini. tiated as members of the society to learn its secret councils? Are the sachemé so be subporuaed? This aefence really was that Mr. Keily had too muc jnsuence in Tamutaoy Hall. How could that ve tried? In conclusion be stated that so lar from asked, feeking to deprive the defendant of an M40 { ar ss comme! buat | business, was See’s orother-In-iaw, an Insolvent’ thuity to justify, they only face ‘o lace with the charges and to compe 10 answer them specifically, oluer matters involvio, could assure him ¢ u at (be cartiest moment, oot bary them under lites, ‘and that he trial Would be forced air. Waverburr. in repiy, claumed that be had untti Wednesday, January 6, 18 one of unusual interest, William S. See was sued, in 1871, by B. C, Wheeler & Co., of No, 404 Weat street, for feed supplied toa livery, kept at No, 205 Mercer sireet, In which See was principal. The prosecution claimed tuat William H. Mapes, the ostensible owner of (he and bankrupt, who only acted as agent for See. In 1873 See, at @ hearing before Kafas F, An- drews, referee, put in a general denial. He satd le Gevied the relation af principal and agent allexed as occurring a8 grantors; the Erie | on also | to.haye existed between himself and Mapes. He algo persisted that he bad never told any one,that Mapes was is agent. He a'so swore that duri the nme y he bad never been coguizant o} Mapes haviog Made such @ statement regarding the relationship of principal and agent. The ref eree reported In bis favor, apd the report was fied in the County Clerk's office July 9 1574, | The proo’s contatued in the record on whick the chs ge of perjury is based are sudsvantially as iol- ows. B.C, Wheeler testified that See stated to him that he wee.priocipal ia tois livery busness and that Mapes Was Is agent In manaxing It Charles Turner testified that See statea the same thing to hin, Joun Miller testified that he heard See 80 state to Turse. Several witnesses tesiified to seeing See at the sable irequently, and that he | and h's ‘amily used carriages from the stable. A certificate, sgued by see in 186), autoorizing | | Mapes to do bu iess Tor tin, a8 his agent, with | | the Bull's Head Bank, W wh oduced cashier, The passvook of illiao: H. Mapes, | agen’, at the Bull’s Head Bank, showing cun- | Stant deposits, amouncng 0 $20, a tae average, with the bavk, produced and made wn ex. se deposits were shown to be of the livery stable receipts from 1881 to 1870; and checks uuiuormly given by Mapes on the vank to Wheeler & Co. and vthers, in payment of the bills of the livery stable, signed Ly him as agent, Were | algo produced apd made exnidits. A chattel mort- | | Rame for $7,000, executed by Mapes to See In 1661, | | On the livery stabie proverty was produced and | | Made an exiibit ; and M..pes Dow jo1..6 in an afiida- vit with the complaiannt that See foreclosed this mortgage in 1801 and put the property up at auc- | Non; that 1 was kuocked down to See at $5, | that ee thereupon gave him two notes lor | each ior the surplus, and that he (Mapes) then executed a bil! of sale of the property to See. See’s attorney tes ified that the bill of sale was in his custody; t in 1570 See made au assignment | of tt to Wiliam C, Wilson, now deceased, aud that | this assignment was aiso in his cus! ody; simulta- | Reous with See’s transier of the property ro Wil- | son he revoked Mapes’ ageucy at the bang, See testifea at iength in the Common fleas, in Hoyt va, Mapes, in 1507, that he loreclosed the chattel mortgage, bought the property in, gave | Mapes two notes for the surplus and then em- | ployed Mapes to manage the stable for him as ins agent at a salary of 200 & year; that | Mapes bad ever since then conducted it {as ms agent at such salary, and that Mapes had no interest in the siable beyond his | salary of $1,200 a year. Orher ‘testimony was riven by Horace Ingersoll, Gilman Dudley and Thomas J. Coleman, and was supported by ex- hibits, the object of which was to prove that See's acts 1b connection with tis very business agency were im bad faith, Mr. Dudley, oi Dudley’s Grove, who started See in business, characterized him on | the Witness stand asa cheat, and Coleman, See's last partner in the marvle busivess, tesifled that See was lorced-to retire /rom it, aud of these mat- ters cxulbits Were also produced, SUPREME COURT—CHAMBERS. THE GUARDIAN SAVINGS INSTITUTION. Before Judge Donohue. James Gill vs. The Guardian Savings Institu- tion.—rhis was an application for a charge of by the | Ariny, in the night time, was tried and fonnd guilty. The evidence adduced by the prosecution was that ; On the night of the 2sth of July Willam L. Smythe @ sergeant of artillery im the United States Army, upon returning from @ place of amusement, met the prisoners and drank with them. While lo their company he .ost bis watch aud @ revolver, A police oillcer saw them in the vicinity of Rovse- velt street and arrested the accused. He searched Wilson aud found the stolen arricles in nis posses- sion. The jury were satisfied that King acted in con ert with the other defendant and rendered a verdict fgaiity, His Honor the Recorder seu- tence’ King to the State Prixon jor seven years At the September teria of the court. Datsy Jackson (colored) was tricd and convicted of petit larceny irom the person, The allegation frou Charles Brown, @ soldier in the United states Daisy was sentenced to the State Prison for three years aud #1x months, TOMBS POLICE COURT. MICHAEL VARLEY AT COURT. Before Judge Kasmire, Michael Varley, a brother of “Reddy the Black- smith,” an account of whose arrest by Captain Williams appeared in yesterday's HERALD, was brougit before Judge Kasmire yesterday and com mitted in default of $2,000 to answer the charge of stealing the goods found in bis house, said to be worth $2,600. TWO LIVE GEESE STOLEN. Aon Epther, of No, 38 Baxter street, charged BHeury Volmer, of the same number, with stealing two live geese from her, He was held to answer. BURGLARIES. John Smith was heid, in charge of John Healy, of No, 318 Broadway, tor stealing @ watch ana chain trom the office of deponent at that number. Join McKee, John 5S, Petham and Henry Stor- ling were held on charge of entering the store of David McEwen, a$ No.5 Morris street, and steal- ny $150 worth of goods, john Hoops and John Seimes were held on a like charge, preterred by Jonn H, Hayward, of Broadway. JEFFERSON MARKET POLICE COURT. ANOTHER EMBEZZLEMENT. Be‘ore Judge Flammer. Michael Carroll and Horace Young, aged re- spectively fifteen and seventeen years, were ar- raig.ed cn a charge of em ezzling $100, the prop- erty of their employer, Thomas Carroll, of No. 460 siy havenue. The prisoners, who were arrested yesterday by bait hE ae eT of the Twenty-ointh precinct, were held in $1,006 2"! eagn to answer. ALLEGED ROBBERY OF A CORPSE, Acolored woman, named Elizapeth de Koster, appeared belore Judge Fiammer yesterday and stated that ehe had been attending for some three weeks one Erues' Kohlkopf at his rooms, No. 64 receivers and for a winding up ofthe trust. In opposition to the application it was shown that | the receivership was created in November, 1871 was ofa very complicated aod laborious charac ter; that the receiver had paid all depositors | ninety-five per cent of their claims; that there were abundant assets to pay the remainiog five per cent when the same cou'd be realized; that the petition in the case only represented $105. and that the application was not in behal! of deposit- ors, but of other parties having a residuary inter- est. The application charged that there had been no accounts or inventory filed, but the opposin, amMdavits showed that both had been filea, am that the receiver was ready to recetve further ac- counts at any time when required. After reading the papers on both sides the argument of the mo- tion was postponed tul this Lcnioange Messrs. McGown and Mathews for the applica- tion, Mr. James W. Gerard for the receiver. DECISIONS. By Judge Donotue. The Mayor vs. Dannat.—Opinion. Seymoure, &c., vs. Hazen.—Motion denied. Matter of Eliza J. Gray et al.—Order granted. Matter of Adelaide Yates et al.—Reference ordered, SUPREME COURT—SPECIAL TERM. DECISIONS. By scare Sedgwick. Nixon vs. Smitn.—Judgment set aside and de- fendant allowed to defend on payment o! $10 costs of motion. See memorandum. Cook vs. Mayer et al.—Order settled. y Judge Curtis. Stanley Rule anc Bevel Company vs. Gaynor.— Motton for a reference granted. Robertson, Jr.. et al, vs. Le Fevre.—Motion de- nied, with costs of motion to pialati, COMMON PLEAS—EQUITY DECISIONS, By Judge Robinson. Packet Compahy vs. Garrison.—Judgment for Plaintil, $20,577 65, By Chief Justice Daly. Appleton va, Mudgett.—Sureties rejected as in- suficient. COMMON PLEAS—SPECIAL TERM. PAYMENT FOR SERVING TAX NOTICES. Before Cnief Justice Daly. Some six months ago, on the application of | > TERM. Suinvan street. She had brought him his meals, &c, On last Tuesday she went there as usual apd found taat Ernest Kohikopi was dead and aman and six months. Wilson was tried and convicted | the gtruggio was @ ieariul one, Jack managed to on the failure of the institution; that the trust | William F. MacNamara, the Court of Common Pleas, | | Special Term, granted a mandamus to the Super- | visors and Comptroller for audit and payment of the ciaims of Patrick H, Stewart and others, amounting to $1,659, for 1870, Motion was made before Chie! Justice Daly | yesterday by Corporation Counsel Dean, on behalf ofthe Mayor. &c., for relief, Counsel submitted an atidavit stating that, whereas the order | to show cause was for @ mandamus | or the usual orm to audit . and | the claims amounting to so much, the #raount actually wssued commanded the Supervi- sors to audit and allow ‘at $237 each, amounting to $1,660," thus taking away the discretion vested | im the Board by statute. On thts state of tacts Mr. Dean usked tna rving tax notices in | sold lim. the mandamus be set aside | and a bew One in modified form be substituted, or | forcibly tuking irom Mr. Seymour. | named Augus: Nicolai was in the room with him. | Nicolai, she alleged, put his hands in the ciotnes of | the dead man and abstracted a roll o! bills, Nico- | lal, who was arrested by Captain McDonnell, of the Eighth precitct, was held yesterday in $1,000 | pail to answer by Judge Fiammer, RORBED RY HIS SON. William McKenzie, Jr., was arraigned on a | charge of grand larceny, preferred by his father, William McKenzie, Sr., who alleged that on the | 28th of December the prisoner, who was employed | by him and had poxsess.on of the ke; ot the safe, opened the saic and took therefroin $360. William M auswer. AN ITALIAN FIGHT, Antonio Toscana, of No. 71 Thompson street, charged Vincenzo Pavolielo with stabbing him twice ia the arm with a penknife on the day a'ter Christmas. Pavolielo, who was arrested by Ofticer Mead, 0: the Eighth precinct, was committed in $1,000 ball to answer. ESSEX MARKET POLICE COURT. A CLEVER OPERATION. Before Judge Kilbreth. A woman named Mary Smith, residing at No. 637 East Sixteenth street, was arrestea yesterday by Omcer Reagan, of the Essex Market Court equad, on a charge of false pretences, preferred by Peter Mohr, of No, 50 Chrystie street. The compiainant alleged that on the 17th of December laat he bougnt a lager bier Raloon irom the pr.soner for $160, but afterward discovered tnat another party held a chattel mortgage on the place for $250, Mary Smiih was held in $1,500 bail to arswe' FIFTY-SEVENTH STREET COURT. A PRISONER CHARGED WITH PERJURY ADMITTED TO BAIL. Refore Judze Otterbourg. John G. Machiado, who is charged with perjury in the McIntyre divorce trial, yesterday waived examination at this Court and was released on $6,000 bail to appear when wanted. HELPING HIS BROTHER ALONG IN BUSINESS, William E. Marsh, who described himseli as a brother of Deputy Coroner Marsh, was committed for examination on acharge of drawing his re- | volver and threatexing to shoot Anna Young, of No. 323 West Forty-tnird street. The assault took place in Marsh's house, where Anna had gone to obtain payment for some furniture which she had Marsh’s counsei, Mr. Nesbit, said the couple had for some six years lived together as nad ahd wie, and that tlc change Was the result of tne malice of @ woman scorne PETTENGER'S ‘‘AGENCY,” Edward Petienger was charged with the lar- allow | ceny of $180 from Charles J. Seymour, the prop- erty of Mrs, Fannie E. Lichenstein, Pettenger has acted as agent for Mrs. Lichenstein, aud some time ago digpose ! at auction of some property for her. The sum alicged ro have been stolen was bis commission on the sale, Which he is Charged with The case was that the parties be leit to their suit atiaw under | set down for examination. ‘the Consolidation act. In reply Mr. Richard O'Gorman argued that this was @ peculiar case; judgment went by default, Tne facis and the | smounts were admitted because not denied, and were adjudicated upon by the Court, which ac- | Donohue. the aamitted | cordingly directed payment at figures, The Umiet Jusiice said he saw some aifti- COURT CALENDARS—THIS DAY. SUPREME CovurRT—CHAMBERS—Held by Jadge Nos, 83, 91, 100, 120, 126, 184, -20i, 202, 1, 240, 241, TERM.—Adjourned 210, 214, 219, SUPREME COU culty in the discretion of the Boara being taken | until Thursday. away by the Court. the question and decide at a iuture day. | COURT OF GENERAL SESSIONS. “BOBBY THE WELSHMAN” BURGLARY. } Before Recorder Hackett. | ‘The only case of general pablic interest tried in- | this Court yesterday was an indictment for burg- lary against “Kat” Reilley aod Rober: Murray, alias “Bobby the Welshman,” who were charged with breaking into the apartments occupiea by Luther Bryant, at No, 1 Forsyth street, on the Bight of the 11th of October. It will be remem- | bered that $70,000 in $20 gold pieces, $50,000 of | gold and silver coins of various denominations, $20,009 worth of postage stamps in sueets, some Jewelry, a sliver mounted revolver end two um- brellas were stolen trom the rooms of Mr, Bryant, who was known as the millionaire street broker, he having occupied a stand for the par- chase and sale of stamps lor years at the Old Duten Church railing in Fulton Street, He was arrested and incarcerated im the | Tombs on the 6th of Oc.ober, Upon aa alleged | CONVICTION OF OF charge of receiving stolen postage stamos from | Compton ys, Shaw; boys, and while the necessary steps were veing taken by his counsel to procure ball the burglary was perpetrated, Murray was tried early in the present term and convicted of burgiary im the first deyree. Shortly after the verdict was rendered it was discovered that there was a tectnical error in the conviction, and the Recorder granted a motion fora new trial. His Honor directed, however, that tue case should | be retried before tne close of the term, “tat’? | Reilley was tried subsequently, convicted of burg- lary in the second degree and sentenced to the State Prison jor ten years. A full report of the testimony, adduced at the former trial of Murry, appeared in the HERALD, 80 that It 1s only necessary to state that the evi- dence of Mr. Bryant, of Mr, Cook (ap umbrell@ at the Central P: dealer in the Bowery, trom whom @ pearl handied silk umbrella was purchased by the complainant), | of OMcers Reilly and Williamson, who joond the umbrella in the prisoner's room, No, 62 Stanton | street, on the 30th of Octoner, was precisely the | Semis 96 was given early in the mouto, call any witnesses, showed that either the crime of burglary in tne | third degree or of t larceny was comm some person, but that the evidence was entre): insuficient to connect the accused with the of- | Java icopard mentioned above. fenc > He would caretully examine | ted by mais, | tant District Attorney Nolan argued that SUPREME COURT—SPECIAL TERM.—Adjourned un- til Monday next. SUPREME CoURT—CincuIT—Parts 1, 2 end 3,—Ad- journed for the SuekRIOR COURT—TRIAL TeRM—Parts Land 2— Adjourned tor the term. COMMUN PLEAS—GENERAL TERM—Held by Judges Daly, Robinson and Larremore.—This Court wil meet on Monday next, January 4, 1875, at eleven o'clock A. M. 2 COMMON PLEAS—KQuITY TERM.—Adjournec for the term. COMMON PLKAS—TRIAL TERM—Parts 1 and 2.— Adjourned jor tae term. AKINE COURT—IRIAL TRREM—Parts 1, 2, 3 and 4.—Adjourned lor the term. BROOKLYN COURT CALENDAR. Supreme CovurtT—Circvuit—Justice Pratt.—The subjorned cases will be called ta this Court on next:—Curl vs. Ayres; Whitman vs. Sea, 3. Kane; First National Bank va, i vs. Senloemer; Cul vs. Guild; Randell vs, Elwell; Elwell vs. Skiddy ; Reardon vs. Wernberg; Dutcher vs, importers and Traders? Bank; Frothingham vs. McDaoiele; Sutton vs, Campbell; Onuerdonk va, Stack; Deshonus va, In. | dustrial Bxhil ). tion Company; Pearsoos vs. Rob- bins; Carr vs. Leggett; Kitter vs. Warth; Con- raddy vs. Knickerbocker Life Insurance Company; ourty v8, Barnes, DANGEROUS PLAY. | UNEXPECTED RESULT OF PETTING A LEOPARD AT THE HIPPODHOME. The accidents that have frequently happened and the warnings that newspapers give constantly seem never to impress some people with the fact that leopards and their kind have claws, and | under certain c'rcumstances are apt to use them. It was not long ago vhat the Heratp announced the terrible tearing of the band of a young man ark menagerie, while petting a lion against the advice of one of the keepers, and yesterday another accident, similar, except that the animal that indicted the injury w: black | Java leopard, instead of a lion, is to be recorded, lowe, who defetided the prisoner, did not | At Barnum’s Hippodrome, and near the entrance, He contended that the proof going ds io irom Maaivon avenue, nds the cage that noid the performing ant. consisting of @ lion and tioness, @ Brazilian tiger, & spotted leopard and tue vlack The collectiou is # floe one and greatly admired by those who aitend the piace, Yesterday afternoon a young the peopie had clearly proved the crime charged | mao who bad been intently watching the inan upon the prisone | Recorder Hackett delivered a clear and impar- tial charge, pointing out to the jury tae respecuve verdicts ‘bey coutd render under the law of burg- lary and larceny in their Various degrees. After deliberating for a few moments the jury rendered a verdict of guilty of burglary in the second de- ree. Counsel moved for a new trial, on the ground that the prosecution falied to prove the wardio which the offence was cominitted, | His Honor denied the motion and sentenced the prisoner to the State Prison Jor the term of tea years, GRAND LARCENIES. | Wiliam 8. King, who was jointly indicted with | who takes care of the animais patting the black leopard concluved that he would undertake the ‘game pleasant duty. Watting until the Keeper had turne! his back he crept under the iron var and thrust jus band in the cage. It came cut, however, quicker than it went in, and in the most deploravle condition, being nearly torn off ty the claws of the iniuriated brute. ‘his litte feat, however, did not satisiy the ani-~ mal. She began to storm up apd down the cage and terribly excited the rest of the ani- mais that were confived with her, an¢ finally, in one of her desperate efforts, ahe severed some of | the wire jacings that are put against the bars to | confine her more securely; and in the next mo- | ment she stood tree in ti menade. Her long, black, lithe body, gitding around with as litte | Edward Wien for arand larceny {rom the nersop | noise a8 @ sefvent Wonk! make was soon notced NEW YORK HERALD, THURSDAY, DEUKMBER 31, 1874.—WITH SUPPLEMENT. | by tne other animals, and then the opera com- Was that on the 12th of November she stole $15 | | join menced, Dan and Pomp, the two great African lions, opened first their bass voices, ald were soon foilowed in concert by the howl of the aod the bellowing of the sacred bull and water buffalo. Every animal in the place, it seemed, took @ hand in the frolic, and finally a hand in was taken by the keeper of the leopard, She, however, tractal have made tt rather ugly tor the keeper, had not an unexpected appearance beeu put in at tha! mo- Ment by Master Jack, tne bull terrier dog, whose countenance is familiar to all who visit the Hippo- drome. Tne dog Jeopard and seized him by the throat, and though retain bis Lold until the animal was secured. The keeper was cut about the hands in the strugg but not badly mjured, and it 19 @ lucky thing, perhaps, that no periormance was goivg cD at toe me. FIJI. TERRITORIAL INCORPORATION WITH THE BRITISH EMPIRE—KING CACOBAN PLEASED BUT THE PRINCE IMPERIAL VASTLY DISSATISFIED— DRITISH AND AMERICAN PURSUIT OF PIRATES, Sypvey, N. 8, W., Nov. 21, 1874. Sir Hercules Robingun and suite returned from Fijiat the close of last month, having accom- plished all that was requisite to constitute those wlands an integral part of the British Ewpire. Temporary arrangements have been made to carry onthe government until the home authorities make permanent appointments to the various offlees, arranged on the same pian as the govein- ment of Bermuda and other colonies of the lowest class, Vonsal Layard is appointed acting Gover- nor; Thurstoa Colonial Secretary, Garrick, Chief Magistrate. All laws not in consonance with the statutes of New Soutr Wales are abousned aud the tariff’ of that colony proclaimed as in force throughout the Fiji group together with @ Capitation tax o! $1 per bead upon the colorea Population. It ts estimated that this will yield an aggregate revenue of about $110,000, against an expenditure oO! $75,000. Maafu 1s said to have signed the deed Of cession with more avidity than Cacoban hunself, and afterwards to have told the ex-King tiat it had been his ooject for years, but that bad white men bad made trouble. THE KOYAL PENSIONERS, Though the outside world have been told that the cession was uuconditional there gppears to have been some prior arrangements which deprive it of that character, tor on the very duy that Fil was formally proclaimed a British coiony the gov- ernment gazette announced that Cacooan was to receive a pension: of $4,000 ;er annum Jor lile, Mauiu £3,000, and the miaor caieis smaller sala- Ties, ranging a3 low as $500 a year, “during good behavior.” THE IMPERIAL PRINCE GREATLY DISSATISFIED. The new arrangements have not met the ap- proval of Cacoban’s eldest son, He considers ne nas ocen tricked out ol a throne, and ne has de- cun.d an invitation to accompany Governor Rov- Imson Ou a visit to Australia, PRINCE TIMOTHY PLEASED, Ratu Timoci, alias Price ‘timothy, gladly availed bimsel! of the opportunity declined vy his eider protner and is DoW 1D Sydney awaiting the arr.val oi Cacooan, who 13 daily expected in Her Majesty's ship Dido, en route to Meibourne, NAVAL MOVEMENTS, This shtp has recently had @ cruise through the South seas m search of the sein-pirate, Captain Hayes, wno successiul y foiled the efforts of the United States steamer Narragansett to stop ner career by means of @ double set o1 ship's ;apers. Alter getting clear Of Captain Meade, he became enzie, Jt, pleaded guilty and was held to | rather nervous that another Yankee man-ol-war might overhaul him with the knowledge that sub- sequent to the date of obtaining a sailing letrer for the Awerican brig Leonora {rom the consul at Shanghai, be had her duly registered us the Eng- lish brig Sea Gull. His latest exploits, which were chiefly confined to buying ou, &c., (rom the natives and paying for it with the foretopsail, were done under the British fag. Late in September he visited Stroug’s Island, lost his vessel ou a reel and was only there a few days when the Dido calied in search of him. Inquiries were instituted Tespecting his moue of trude 2na Hayes learing ulterior proceedings lett the island tiat night in a smell bout alone. Wuen the English mat-ol-war had obtained suffictent evideuce to warrant his srreat, Hayes had vanished, as he so often has beiere, e THE SKATING SEASON. SECOND DAY OF THE WINTER SPORT AT THE PARE. After three days’ intermission, during which there was @ ‘“reeze” of coneiderable severity, the “bali” again went up at the Park yesterday morn- ing. lt was the second time this seasou that op- por‘unity Was g.ven our citizens tq indulge in the healthy recreation of skating, and eageriy was it embraced. Everybody seemed soom to be aware of the tact, and long belore twelve o’clock the junior members of the community were flocking tothe lake by hundreds, It was just the day for the sport, The imbalation of the wintry atmos- phere, with its full proportion of oxygen, cansed the amusement to become exhilarating indeed. Good nature, as well as health, springs from the inhalation of this life-giving property of the vir; and it is this more tian anything else | which imparts tothe system fee'ings of buoyant jnvigorai.on, and away go the biues of nervous dejection, the morose temper of disordered billary functions and all other irritations arising from the | 118 Of an impure atmosphere to which many of our city-boused bumauity are heirs, Such is the Pphilosuphy of skating and all other winter sports and exercises. the lake Penrasiver wod hundreds so thoroughly enjoyed themselves that they forgot avout their usual junch and kept on members of the mass of pleasure-seekers until sammoued to leave tue ive by the Park ofticecs. inthe early asternoon the boys and girls had almost exclusive occupation of the lake. Tne older end somewiat graver peopie did not com- Mence toccngregate until four o'clock or there- abouts; but these estimable citizens soon fell into the way things were going, aud (rom being ‘‘grave- paced and slow’ did = many little boyish tricks entirely incompatible wita old 10gy- ism and the associations of “solid men.’ In tact, the assemblage was one not to be forgotten and the a.ternova’s sport an occasion to be recorded as tue gayest of times, Uniorvunately the ice was not in that condition to warrant the lake to oe open during the evening, so at nightfall the skaters were requested to re- tire. orkmen then at once began to brush and scrape tue surface, when last nignt it was hoped that thiee-qaarters of un inch would ve adved to the thickness of the ice, ‘The smaller pond, at the entrance ui tbe Park, between Fifth | and Sixth avenues, Was Not open, as the ice was | | considered dangerous, sufficiently thick to allow afew hours! trial, and | should this bs the case an oid time reunion may be | | expected on the ponds, fo-morrow, New Hl Day, at least, the Park authorities hope to have Probably to-day it will be Year’ akating, and will save the ice as much po pie with this end in view. Skating at the Park on tae first day of the year will be enjoyed by thousands who otherwise might pass the day less beneficially, Many a poor, jaded man, encrusted over witn the rust of crowaed rooms and confined ‘vusi- ness places,” will tfen step) on the ice, and, ere he ts aware of it, feel like @ happy shellfish that has oat a worn out crustaceous covering, and come off literally rejoicing in @ new birth, increased 10 ca- pacity for life and enlarged in size. Such amu-e- ment gives a new lease of iife to the oppressed denizen and aids in putting up “another star’’ of heuith ior the “winter's weary camupaigu.”* AS before intimated, everything 18 in readiness at the Park to make comfor'abl | who desire to in the sport of skating, ‘the reireshment houses are Wel! furnished with iruit, cakes, cof- fee, &c.; the skate rooms with attendants who will “put ‘em on’ for the moderate sum Oj five Cents, and the ice lights are in place, ready to throw their food of radiance on the hardened sur- face of the lake 80 s00n as its Condition will war- rant. HORSE NOTES. The Maryland Jockey Club have been engaged on improvements on the Pimlico track since their last meeting, and they hope to complete them be- fore the New Year, The judges’ stand has been, altered «nd the grind stand has undergone sev- eral changes which will be appreciated next sea- son by the pablic, Seven stables of horses will winter at Pimlico. ‘The Goshen Park Association have arranged the programme for two colts stakes to be trotted next summer The frat 19 for foals of 1872, $100 aub- | scription, $50 at the time of nomination and $60 on the first day of Augast, when ail shall become | play or pay: mile heats, best turee in five; the as- | gcciation to add $200; two-thirds of the entire purse and stake to go to the winner, two-thirds of the balance to the second horse, and one-third to | the third horse; to mame and close March 1, 1875; five or more to file, Asiake upon the same con- ditions for four-year-olds, the foala of 1871; $260 added; mile heats, vest three in five; toname and close sume day as the three-yea:-old stakes; five or more to file; to be trotted at the tall meeting of 1875, Tlis Movement on the part of the Goshen Park Association Will please the siock raisers of Orange and adjacent counties, The [lustrated Sporting and Dramatic News, November 28, gives an lilustration representing M. Feodor Von Zubowit4, 0: the Austrian Hussar and his now celebrated mare Caradoc, an anim of @ crossed strain of Boglish and Hungari blood, seven sears old, @ud Of a brown bay color, upon which be mad Wager that he would aa hyena | aia not seem $0 | i@ as usual, and showed fighr, and might | at once made a dash for the | A lurge assemblage realized it on | a eT eee a | compltsh the journey from Vienna to Paris {i fourteen di ni successfully periormed the Jeat, about thre@ weeks ago, within two hours aud a hall of the @ppointe! tine, thereby winning his bet, Ip addition to the heavy stakes which many of | his friends had pending on the event, amounting in the agzrevate to as much as A milliou of (rancs, Lieutenant Von Zubow itz -et of wiihout any bag- gage, purposing to purchase by the way such ehanges vi linen, &¢., as no shouldneced. He came by way of 3 (where @ grand banquet wasp to him by tl Indies, by St. Dizier, Nancy and Tournon, trav | ing always ata moderate tro tortwenty minutes uta time, and changing then to a waik, but never breaking into @ gallop. At Tournon, as he was Passing by the railway station, a stailion, which was fastened to @ ring, kicked his mare and he was compelied to hait for twenty-our hours, | During the seven succeeding days, feeling cervain that if he allowed the mare to ue down In tne stable sie would be somewhat enfeedied vy such complete rest, he spent (he nights veside her with & Wiup in bis hand to comp-! her te remaim on her Jegs, 80 that during these iD Guys Ne scarcely slept two hours in the twenty-four. < e ‘On the moro ing of bis arrival he was met at tue Place au Tréne by a (deputation sent from tue Ans. trian Embassy, with whom was Count Seilern, appointed by the Vienna Jockey Club to witness the accomplishment of the wager. The lieucepant waa warmly congra! ulated, and entered 4 carriage with Count Seilern, While his mare was taken to stable, in no way injured by her jong and tatiga- ing journey. ‘the success of Lieutenant Zubdo- witz's ride trom Vi-nna to Paris has given rise to alisorts Of projects jor extraordinary rides to be accompitshed by enterprising horsemen. Lieu- tenant Kaykowitz hag ridden trom Kronstadt to Vienna, @ distance of 128 German miles, on o26 Lorse in ten days, thus adding eight-tenths Oo! & German mile aday to the task alio:ted to his horse by M. Zubowltz. Moreover, tne roads in Hungary are worse | those traversed by Cara- doc, and :o0 was the weather experienced. Lico- tenant Von Simon bas asked perm.sston to ride from Krouxtadt to Bucharest in twenty-lour hou Austrian papers say that a periect mania for long rides threatens to set in, COMMISSIONER BOWEN’S RE- MOVAL. ‘W YORK, Dec, 30, 1874. To THE EDITOR OF THE HEtaLD: 1 hope that you will find time to read General Bowen’s defence. His removal and the pretext upon which that removal was based are alike un- Just aod trivolous. The only purpose was to make place tor a man whom the people rejected im November, The office was of no importance to General Bowen. He did not ask for or seek it, Bat be discharged the daties with such diligence, Gaell.y and genticness a3 to win the hearts of tivusands and the respect of ail except thos: who wanted his place, General Bowen was not permitted to know who his accusers were. The proceeding was secret. The otficers were divided vetween tne in-coming and out-going Mayors, the former taking two, the latter One; and, Worst of all, this “job” was as secretly sanctioned by the Governor. ‘Truly yours, THURLOW WEED, Generai James Bowen has publisaed the note foliowing:— Ithas seemed proper to make up the record, in the ¢ase of my removal trom the Commiss:on of’ Puli Charities “and Correction, supplement the report of the Mayor with the following letters. Decakuen 26. J.B. The late Commissioner then produces two let- ters fiom himself to Mayor Vance, dated respec- tively December 4 and 19 The earlier letier ex- piains the circumstances of the imprisonment of William M, Tweed, stating that he is clad in the ordinary penitentiary garb of prisoners of his ciass—that is, those confined for misdemeanors, It explains the circumstances under which the Board, under the opinion of the chief medical oficer, directed that Mr. Tweed should be allowed to step out of the closet ta the bospital to which he was originally assigned, on accvunt of appré- bended danger to his health. This letter also States that in the cases of two other invalid prise oners convicted of icloay, they were, on meaical advice, rans erred to the general nospital of the department, the Board noiding self compelled by duty t care for the lives of convicts as well a: to insure the community against their esca; Geneiai Bowen distinctly denies the allegation: Uthat Mr. Tweed was ailowed unusual liverties, ‘Ihe other letter relative to various charges against the Board ts as lollow: New Your, Dec. 19, 1874. Sir—I have the honor to acknowledge the receipt of your commanication of the Isth inst, addressed to the Commissioners ot Public Chartites and Correction, with printed copies of the report of the Commissioner of Ac- Counts, made to the Board of Aldermen, and the reply of Mesars. Laimbeer and siern thereto, and stating that it the Commissioners desired to be further heard on the subject of that report to coimunicate to you on or be- tore Monday next. For myselt, 1 respectfuily state that I decline to sign the repy of my colleagues, because among other rea- Sony do Lotated in an appendix to that reply, giinge was intemperate and denunciatory of 5 the Cominissionsr of Account, © ho, mated by the earuest desire to ialit duties. ‘Nor could I subscribe oveniy expressed ot booskeeper of the charget tor five years to the entire saisfaction had never been a comp! | were accurately Kept Ir. Howe, I believe, was ani- viuliy discharge his to the censure so Lawrence, the He had our predecessors. There agaiust h His books ngweis to all questiol usfactory. My culle: in ineir reply pu nd so destroyed his means Nor, again, Could] asseut to many of the aie in the reply, That vayer had been preps knowledge, wod it was submitted for my signaiure only on the morning previous to its transin.ssion to the Board of Aiver.nen. In it there were humerous transacii ns referred to of which 1 had no Knowledge, aud to which, therefore, it Would have been improper for ie to subscribe, r. Howe states in his report that the books of the ae- partment were kept on a detective and improper sye tem; thatthere \ erasures In the account books of the general storekeeper made with traudulent Intent; that purchases have been made at private sale, ¢ trary to that provision of law wuic requires tht purchases exceeding $1,000 sba!l be made by contract alter public adveriisement; thatthe meats for the de- partment have been pw i agent, and that his eat: the maximum salary allo ploye ot a departinen’. In respect to the strictures of Commissioner Howe the move of keeping tue accounts of the department, speak with great diiidence, tor 1 have no practical ae- guaintance with the suoje Tiound tue system which he condeimns in full practice when 1 went iuto office. It had been estabisheJ for twenty-five years. It nad been approved and continued by commissioners conspicuous for their mercantile Kvowledge, among whom were Isaac lownseud, imeon Draper, Johu J. Coddington, Moses H. Grinnell and isaac Beli, and ustute lawyers, who were commissioncrs, ‘ad William M. Evarte, Surrogate West and Recorder tillow. 1 objected to the abatdonment of the syste which had the sanction of these nawes tor the uutied recommendation of my col- leagues, Messrs. Laimbeer and Stern, even though ap- proved by Commissioner Howe. « deciared him incompeten: of livelihood. wed by law toa 5, 5 Mr. Howe directs attention 1o certain erasures in the books of the sturekeeper, and deciares they were made with fraudulent imicat. I knew nothing the then so-termed erasures until | had read nis report. examined aud iound them io be thin lines of red ink wu through figures, erroneously eniered by the storesceper, and insteat of being erases or covered toereby, made more conspicuous. The explanation of the storckeeper seemed to be sutisiactory. é Hext allegation is that purchases of supplies have frequently beeu made at private sale in excess of $1,000, the limit prescribed by iaw. At un carly date in’ the | history of the present gomuntssion | declined to approve Of the general requisitions tur supplies, tor reasons which were conciusive with me, bat whici were re- frivolous Messrs. Leimbeer and chiel occupation that ti has drawn Ly 1S, have had but httle direct knowledge of the purchases made at private saie, But I nave no doubt tiai suc urchases een made exoeediny $1.00 in amount have trequentiy aud (hat ihe circumstances of the ce, wily abundantly justily the exce; in permitt 1 to run down lo two or three days’ supply, or ot baker running short of flour. would ‘require ‘the imstam purchase of a cargo of coal, or & week's supply of flour. nieed, Wiihitl the past week a cargo of coal had to be purchased Under these circumstances, And in (uis connection I respectfully call your atten- tion to the very serious defects of the ‘law iti respect to hear by public competition and to the necessity of 13 early amendment. ihe conditions Imposed on merchants and others m: ing proposals for supplies are so vexatious and unnec sary that but few offer bids aud ouly a¢ Ligher shan the fog inarket races. ithe law als: clares that the contract shal! be awarded to the low jer, thas divesting the | Comm 0 reject extravagant roposals. Dut a single proposat has been received for large quantities ot sapien, in one case there was but a singie bid for 3,000 tons ot coal Ir the price named had been $2) per ton it would under the law have been mandaiory oa the Commissioners to have awarded the contract at that price. in another in- stance a single pr tity of flow t pulsory provision of the law to the bidder, ata price | Which was subdsequentiv ascertained to be seventy cents per barrel above tie market price for the same braud on. the day of award. A few weeks since proposals were. invited for filty bales of Diankets They. fore warded to the lowest bidder; but the firm of A. T. Ktewart & Co., Tam intormed, ofered us betier blankets at twenty-five, per cent leas at private They deciined to comply* with the troublesome conditions imposed by law on pro- Posals, As a general proposition, J think | may safely state that suppiies can be purchased at fiiteen per cent cheaper than through the medium of proposals ham- Pered with the condiitons now imposed by law. The practice of purchasing the meats for the depart. ment My thy a veel) agent at private sale was adopted by the late Board and continued until recently by th resent. Soon after the accession o/ the present Boar r. Laimbeer apples to the Corporation Counsel for hi legality of the practice, and he reported. opinion on the ‘that, in the opinion of counsel, '( was in accordance wii law. Dore recently the written opinion of the Corpor: tion Counsel! was obtained, and, wile ne expresse belief that it was competent tor the Board to contin the practice, he su tha: it would be expedient contract tor the m more in accordance spirit of the charter. The Soard immediately adopted his suggestion, and the meats are now jurnished by con- | act. There can be no doubt, so far as the inter: sts of the city and the welare of the inmates ot the institu tions are concerned. ‘hatthe purchase of meats throug special agent is greatiy preferable. | Ag 1 stated in the commencement of this letter, T have no doubt that Mr. Howe witht singleness of purpose to m counts of the department, failed to do so by retrainin on obscure or doubtful points, to e with the pi from, asking for Information ‘Vhus he states that he iscovered a large sum to the credit of the Comm! \- | ersin one of the city banks, and of which the Commis sioners were ignorant. 1 distinetly recollect that I ine formed Messrs, Laimbeer and stern of the fact the day @ftcr their accession to office, and that the sum would [CONTINUED ON NINTH PAGE]