The New York Herald Newspaper, January 1, 1875, Page 6

6 THE COURTS. Important Suit Against the Northern Pacific Railroad. Criminal Business Done in the Old Year. The Tweed Case To Go on the bs Calendar. Another year of work in the courts has been closed, and judges and lawyers alike lay aside the cares of legal routine for @ time to enjoy the pleasures of the holiday season. Very little busi- | mess will be transacted to-morrow, as the day | comes between two holidays, which fact willcarry | ever@ large amount of work to Monday. Mean- time the clerks are making up their records of the year’s work. In Supreme Court, General ‘Term, there have been 345 cases argued, in Cham- bers an average of 700 motions a moath, and in the Circuits there have been tried 766 cuses. In the Superior Court Circuits there bave been some @00 cases tried, and an average of 500 motions monthiy in Specia! Term. In this Court there are 1,721 cases on the trial calendar for the new year. In the Court of Common Pleas ‘there have been 4,865 contested motions in Cham- bers, 68 schedules in voluntary bankruptcy filed and 68 petitions and discharges uuder the iour- ‘teem dayorder. During the year 293 cases have Deen disposed of in the Hguity Term and avout 400 cases tried in the Circuits, of which fully ‘twenty per cent were suits against the city. In June last the Boara of Police Justices dis- Pensed with the services of Andrea Fontana as in- | terpreter of tne Sixth District Police Court, ana esterday Judge Donohue, in Supreme Court, Cham- ers, under an alternative, went to restore him om the ground that the justices cannot remove any Of these oMcers except oa Bve days’ notice @md opportunity to expiain the charges. To this the justices rorurned that they did not remove the relator, but abolished the office. The relator de- murred to the return, and thereupon tue Court decided it should not be discussed in Chambers | The practice of discussing | ‘but in Special Term. questions involving a judgment in Chambers, ‘whiek is only a brauch intended for settlement of questions 01 practice, should be discouraged. Some sixteen years ago Acter & Harris, exten- @ive hosiery dealers, failed and made an assign- | ment to Mr. A. Dibble. Previous to their failure Davia L. Wintringham deposited some $25,000 ‘With them. The assignee gave him a check for $20,000, taking receipt in full, stating, as alleged, that this was the best he could do. Mr. Win- tringham found out, he claims, that there was money enough to pay him the balance, and this | being refused be brought suit against Mr. Dibbie for $4,663 45, the balance claimed to be due him. On the trial a check was proauced for the latter sam and the money said’ to have been pala to Wintringham, but he denied | ever having seen the check until ite Production in court. Judge Daly, in the Special Term of Common Pleas, rendered his decision in the case yesterday, accompanying the same with an opinion. He closes his opinion as tollows:—“I am Not satisfied with the expianatiou offered for MOt sooner bringing this action. If plaintiff had mot been paid in full ne clearly had the right to demand an accounting irom the assignee. There {a no good reason for his silence of filteen years. Hila fatiure to make demanas or even inquiries of the assignee and this lapse of time wouid excuse the latter from producing, if 1t were poasibie, elearer proofs than he has of payment.’’ NORTHERN PACIFIC RAILROAD BONDS. @UIT TO FORECLOSE MORTGAGE TO SECURE IN- TEREST—AN IMPORTANT CASE. A petition and notice of motion was made in the United States Circuit Court tor the Southern District of New York and filed yesterday by E. P. Chapman, George W. Gibson, Catuarine Jackson nd Elijah Myers against the Northern Pacific Railroac Company, Jay Cooke and William B. Og- Gen. The case promises to be one of great interest to all who own or possess bonas of the company, as it affects their value as a class of securities. ‘The action was originally begun in the Supreme Court by Elijah Myers, on July 20, 1874, for the pur- pose of compelling the trustees of the bondhola- ers, Mess: Jay Cooke and Willam B. Og- en, to foreciose the mortgages which were Sith fy fie Northern Pacific Railroad Company .$o secure the payment of interest accruing upon the same. The complaint in that instalite re- cited, as aground for acon, tng fact that the January and July interest had hot been fafa, The complainaat sets forth in his affidavit that | Be isa lent of Queens county, in the State of ww Y nd that the Northern Pacific Railroad ineorporsted, % an Act of Congress, July 2, and gran lands to aid in putiding a rail- and telegraph line from Lake Superior to % Sound, on the Pacific coast, and that these ds were duly located aiong the proposed route, ‘fhe plaintif turtuer recites the ‘act that Cougress g@uthurized the Northern Pacific Katlroad Company to issue its bonds for the construction of its road ‘@nd secure the same by mortgage and ior other poses, and the company was authorized to mortgag ail of its property, including tne atore- @aid lands, for the purpose of raising money to construct its road. Tne mortgage authorized by | Congress was executed by the Northern Pacific Ratiroad Company to the defendants, Jay Cooke and J, Edgar Thomson, as trustees to secure the issue of bonds hereinafter mentioned, and ‘wnich Were issued pursuant to its provisions, and Teierence is herewith made to said mortgage, and she same is hereby mcorporated 1n tnis complaint ae if set forth rally herein. ‘The aMdavit algo states that several millions of doliars of sy: bonfls authorized by the acts of Con- gress were issued and sold npon the 1aith of the se- carity contained in the said mortgage ana the cov- enants therein, on the part of the corporation de- Jendant and trustees named and provided for in the marteage, securing interest upon bonds owned by pi Pit It jurther appears that in December, 73, the company notified its bondholders that it was unable to pay the interest due on bonds, and the default has continued up to the present time. Besides this ihe trustees have failed to comply ‘With the requirements of the eleventh articie, ai- Teady recited, in entering upon and selling at pup- Jie auction the lands relerred to in the mortgage, nor did they institute proceedings to foreclose the Mortgage though requested by a bondhoider to do 80, It also appears that the original trustees named in the mortgage were Jay Cooke and J. Edgar Thomson, but as the latter has since died Mr. jaen was chosen in bis stead. in the first mortgage issued by the company it ‘Was provided that ponds not to exceed the sum of $50,000 per mile for the 2,500 miles of the proposed lune shouid be iasned under acts of Congress, the Bame to be secured by said mortgage. But it is claimed that the issue of bonds bas been greatly exceeaed, for in May, ist4, the company entercd Into & contract witli the United States government | for the issue of nearly $70,000,000 worth Of ponds, which “issue ‘the “ompiatnant | believes to be highly detrimental to the interests | Of the holders of the original bonds, ior the reason ‘hat the company proposed to surrender to the government’ svout 40,000,000 of acres of lands al. Feady heid to secure bondholders, contrary to law, as isshown by the following extract, which states that ‘all the right, titie, interest, claim, estate @emand Which the party of the first part ( Northern Pacific Ratiroad Company) now ha May at any time hereaiter acquire, or in any way Decome etitied 10, Of, in and to all the lands and sections of land situate, lying and being on either Gide of the said railroad and the branen thereof, asthe same may He finally located or constructed im accordance with the acts of Congress aud tne euppiements thereto, in or through the States of Wisconsin, Minnesota and Oregon, and the Untied States Territories oi Lakota, Idano, Montana and Washington, making in the aggregate avout bey gr of acres, more or jess, ne case will, probably, assume considerable importance daripg its rand on owing to toe gi- gantic interests involved, and the number of com- jainants will no doubt be largely increased by jitions to the list, now in the bands of Hail & dy, petittoner’s solicitors, THE CITY NOT RESPONSIBLE. James 0, Miller was one of anumber of mechanics and others to whom suigs amounting to $25,000 are @ue for services and materials for repairing School houses by order of the trustees. When the old Board of Education, under which the work ‘was done, went out of existence in 1s71, it was found that there was no authority to pay, buta committee of the new Board ot Pubiic Instruction, gqsparhising with the claimants, urgedon the Ol Appropriation the proprie of ineeting these claims. Nothing was done py that be appealed tor judgment to the Supreme Vourt, General Term, whicn decided yesterday, through Board | end suit was brough: by Miller and defeated, and | 8 having exceeded the legal appropriation, with- out paving him, nis action dia not ite against the City, which 18 not responsible for contractg of the Board of Edacarion, a# the trustees, in good faitn, exceeded their authority, and there is notemedy except us against ‘he oficers chargeable therewith, Motion for judgment denied and new trial ordered. TWEED'S CERTIORARI TO TAKE Is PLACE ON THE CALENDAR. After along and tedious delay—from half-past ten, the usual hour ‘or opening the Court, to one P. M,—Judges Davis, Brady and Daniels yesterday took their seat on the Bench of the General Term. THE CAss argument io the Tweed cerwerari case. Mr. Field, addressing the Court, said:—In refer- ence to the certiorat taken in the case of Mr. Tweed, as 1 mentioned to the Court before, Mr. Phelps and myself are here. I have to repeat what Idid then—that an arrangement has been made to facilitate the case and 10 get it before the Court of Appeals on the 9th of January. We are willing to argue the case at 8 moment’s notice, | but we are not anxious to tronbie the Court with an extensive argument now bet merely desire to get the first impression of the Court upon the case. If as we suppose, some change will be necessary in the orgauization of the Court to hear argument, or 1i pot, way we are ready to go on now on the minute or at any time the Court possible so a8 in {act to get it before tne Court of Appeals at once: has been misunderstood somewhat, The only arrangement he knew of was ais own voluntary statement, made when the matter was peoding be.ore Judge Barrett, that ne would facilitate the Judge Brady, to District Attorney—When can you be ready? Mr. Pheips—I can’t say till I get the papers. Mr. Fieid—The District A‘corney torgets the whole arrangement, Which was tout the mater should be argued on the next meeting o1 the Court, Oi course it would be impossivie to print the whole o! the papers in the case, but tne essen- tial parts are printed and can be had in five min- utes. The record is all we wanp Judge Davis—Whemwere the papers filed in the case ¥ Mr. Pisla--Mondsy. Judge Davis— va of this week, sel will understand that the vourt forma. Mr. Fleld—We know perfectly well that pro forma judgments cannot go into the Court of Ap- | peais; but all we desire here is not a pro forma | Judgment, but to get at the first impression. In ‘this case two Judges of the Court have already participated in the triat of these indictments, and of course they have impressions, and Where was the use of argument to disabuse them? But we do not seek to remove the impression, and there- Jore, Su far as this argument goes, we are willing that they shall hear both parties, give a Gecision, and thus enable us to take the case to the Court of Appeals. Our client 18 ail this time Imprisoned: if justly TED ROE SS the soouer that fact is known tohim the better for him and his triends; if Wrongtully, who will deny him an opportunity to prove this $ don’t think the District Attorney Das come up to what we expected of him io the matter. We expected, and be intimated to us that he so understood it, that the case should be disposed of on the 23d, Irom which date it was farther adjourned. But it can be disposed of now--if not on Monday. Validity of the indictment. ig to allow no case to be passed on pro was no point at all. Mr. Fietd—We cannot dictate to the Court what it will hear, and, indeed. we are only anxious to have the matter expedited. Tnere 1s this about the case, however: li there 1s to be @ [ull argu- ment the sooner the better, and the svoner the Court organizes for that purpose the betrer. Mr. Phe!ps said he would be ready whenever he Was furnished With a printed copy oO! tue record | and the bill of exceptions, Judge Daniels—We cannot enter on the argu- ment of the case till the papers are served, Mr. Field contended that argument had been had already. Notice was given that tne case would be on the calendar for next Monuay, and the papers could not be served beiore as Judge Bar- rett coaid not sit in Oyer and Terminer to make a | revurn ip the case. Why not argue the case next Monday or Tuesday? This is a haveas corpus case, | and the law of the land requires it to be heard speedily and disposed of promptiy and not to be treated as an ordinary suit at law. Will the Dis- trict Attorney consent to have it before the Court Of Appeals on the 9tn? Mr. Phelps—Let us first have the papers. Mr. Field—We will move the case the moment tt ment that day. After some further brief discussion the case was | dropped, tobe pesumed when the conditions de- | manded in the course of the discussion were com- | plied with, the furnishing of the printed papers, Teaching it ou the calendar, &c. THEATRES PAYING LICENSE. The history of the suit brought by Lester Wallack to test the question of the liability of places .of amusement to pay license fees and penaities, the same to go to the Society for the Retormation of Juvenile Delinquents, has been too fully given in tse HeRaLp to require extended recital. Tue case reached this court on appeal from an order of the Special Term continuing | pendente lite the injunction restraiing the city and the Society tor the Keformation of Juvenile Delinquents from enforcing or imposing the penal, ties prescribed in chapter 836 of the Laws of 1872- Judge Davis gave the decision of the Court, After ‘reciting the nature of the action he refers to the act entitled “An act the places of amusement in tne city of New York” under which the action 1# brought. ceeds to state that the cl | provide jor the regulation of places of amusement in this city by placing them uuder the control of the public authorities turough a system Of licenses to be granted by the Mayor on the payment of a fixed lee. There is nothing Dew, he says, in the system of regulaung these places oy licenses. In ali its ersential teatures it has been applied by special statutes to this city lor upward of jorty- ve years. Laws OJ this character are sustaiuable upon two grounds: the first ground being a ie- gitimate exercise of the taxing powers of the State, and the Second as a part of the police regulations of the Stare. It will be diMcuir, he continues, to find any authorities in which the power of such regulation and restraint | by license bas been dented by the State or iederal Legisiature on coustitutional grounds when exer+ cised within their appropriate jurisdiction. In his opinion the constitutiovaiity of the act of 1872 does ot at all depend upon the validity of the dispensation of the lees to be received by the Mayor. That 18 a question which legitumately arises after the licease fee shall have been paid by whe party taxing out the license, and in which such person bas No greater interest than any other citizen. It is @ question properly between the city and the Society jor tae Reformation oi Juve- nile Delinquents. He conciudes his opinion as tol- lows :—It 18 not our duty to deiend the justice or Wisdom of tue law which he seeks to condemn. dt is enough jor us that the Legisiature has power to enact it, and in its discretion has seen fit to do so, 1 such case our duty to_uptiold and eniorce it is very simple and plain, Yet it might no difficait task to show that the system of licenses, and its consequent preciusion of un- worthy exnibitions irom which license is with- held, i8 greatly advantageous to such estaviish- ments as the piainuil’s, by preventing the degra- dation of all sacn performances in the public estimation, which would be quite certain to grow ous and uprestrained exnii- Spring up in the absence of legal restrictions, The order of the Court veiow must be reversed and the injunction dissolved, with $10 costs Of this appeal, besides disours ments, and $10 costs Of the motion in the Coult below. THE ROLLWAGEN WILL CA In the celebrated Rollwagen will case an im- portant decision was rendered yesterday by the Supreme Court. In many of its features this ts one of the most extraordinary will cases which ever came before our courts. The decedent, Frederick Rollwagen, who was bora in Alsace, came to New York to reside in 1829, and continued vo live here until his death on the 1th of Octover, 18 Alter having been for many years engaged in the provision business he commenced making investments in realestate. By bis economy and industry and successtul investments he accumu- ; lated @ large proverts, which amounted at the time of his death to about $1,000,000, By | nis first wife he had four ctildren—three sons (named respectively Frederick, Louis P, and George D.) and one daughter, Saran. His daughter, in 1954, married Josepn | George Browning. She died in this city in 1967, jeaving ber surviving seven children, Dece- | dent’s first wife died in 1865, Soon afterwards de- | cedent married a widow named Sophia Zwick. She died wiwin a year afterward, There was no issue of this marriage, After the doath of his second wife decedent lived for a while inthe family of his eldest son. In 1869 decedent com- menced housekeeping in one of his own houses, namely, at No. 334 Ninth street, where bis family consisted of himself, bis youngest son, George, and his second son, Louis and his wile. The decedent, time, eugaged Magdalena Herrmann, a of abou. lorty-five years of age, as ‘nis nt and housekeeper, wilo was a bivod niece of bis first wile. She came from Alsace to th city twenty years before and entered the service The principal business was the renewal of the | directs, but we beg it may be at as early a day as | | Mr. Phelps said tt was evident that this matter | disposal of the case as tar as he could 1n any Way. | Uniform usage of the present organization of the | One of our points is the | Judge Daniels was understood to say that that | is reached in the calendar and pass it lor argu- | to regulatt ; He vhen pro- | 1 object of this act is to | servant girl. servant girl in various ‘amilies aotil sue entered the employment of decedent in 1869, She was called “Lena” by decedent and ms children. In the course of a inonth or two Lena so managed that Louis and his wile leit and commenced keep- ing house elsewhere, 80 that the lamtly of deced- ent consisted of himsell (George), them about eighteen years of At this time decedent’s health was broken was greatly enieevled in body and mind and his voice Was rapidly failing him. In 1871 decedent was paraly: and had entirely 1ost tne power of Speech, Leva admitted to Dr. Tully that as early as this decedent was paralyze}, From 1849 de cedent failed rapidiy in respect to mind and body and became more and more dependent on tis servant Lena, On the 19th day of Sep- tember, 1871, the ceremony of marriage between Lena and decedent was performed by Rev. Dr. Buse, without the knowledge 0/ any ot decedent's iamily, The evidence does not show | how long afterwards it was before decedent’s family zscertained that Lena c.almed to have been married to him. ‘The Surrogate eld that it clearty appeared from the evidence :— First—Taat when the instructions were given by Lena (they were given by her aione) for drawing the will and codicil, and when these papers were executed decedent was speechiess, and had no means by Wuich he could communicate his thoughts and wishes, if he possessed any. ‘Second—Ihat at the execution of these papers | decedent was physically unable to write, and that there was no satisiactory proof that he signed either paper, or authorized aby one else to sign for him, or to gid him in signing; in other words, there was no sufficient proof of the execution, either in regard to 1orm or substance, such as tie Jaw requires in respect to testamentary instra- ments Third—“That the proofs clearly establish that doth instraments—and such execution thereol as | 48 shown—were the result of undue influence and other unlawful means, rendering the same votd.”? From ims decision Lena, tne aileged widow, appealed to the Supreme Court. In October last the case Was argued by Henry L. Cunton on be- halt of the heirs, and by William H. Arnoux on the part of Lena. Yesterday wwe Supreme Court ren- dered their decision, affirming the decision of Sur- Togate Hutchings, rejecting both wiil and codicil. THE TENTH NATIONAL BANK’S CLAIM. Judge Daniels rendered the opinion in this case on the city’s appeal from an “order of the | Court below granting the Tenth National Bank mandamuses against the Board of Apportionment and the Comptroller, the former to issue stock to meet plainums claim of $242,379 92 Jor alleged advances to the former “new Court House Com- missioners, and the latter to pay the amount. In bis opinion Judge Daniels says that the writ against the Board of Apportionment was a deci- sion that the city should be placed in a position to pay the money ti tound due; but be holds that the proof o1 the debt was prerequisite to tue raising of money by taxation orloan. Mr. Green swears in his affidavits that the money was ad- vanced to Ingerso.! and others not authorized to burrow money on the part of the Commission- ers, and whether the bank was mistaken or not should be proved on trial. ‘nen the Court House Commissiouers bad no authority to borrow money which might alierwards be appropriated to the building, and the affidavits go to prove only that the money was advanced to the treasurer ot the Commissioners, but give no certainty that it was for the use of the Commissioners, and the Commis- sioners? certificate was alter the last check was drawn and did not make a charge against them but against the city. Bes des this the omission of the referee to send back proois was presumptive evidence that there were none. The order of the Court below is reversed, SUIT BY AN ASSISTANT TEACHER. Catharine Murphy was removed from the posi- tion of assistant teacher in Public School No, 21 in January last by the trustees on recommendation of the Superintendent, who caarged her with in- competency. She appealed to tne Board of Educa- tion. The Board approved of her dismissal, with a recommendation to appoint her in one of the pri- mary departments. She then appealed to tne General Term, Which decides thiougt Judge Daniels. ‘The Court holds that teachers in the public schools do not hold public office; that they | are simply employés of the trustees and that the manner of employing and removing them ts, to | some extent, regulated by statute; that the re. fusal of the commitiee to take testimony as to the competency of the principal wno recommended | her removal was altogetner right, as she could not exculpate herseif by inculpating another, and the certiorori bringing the case lor review beiore the Court must be dismissed. RELEASED FROM STATE PRISON. | Thomas Lenahan was convicted in the Court of General Sessions on the 16th day of September, 1874, of felonious assault with a leaden instru- ment and intent to kill and rob a wealthy gentle- man named Horace Galpin, . While Mr. Galpin was walking through Fitth avenue, opposite St. Thomas’ cnurch, he was approached stealthily from bebind by Lenahan, who attempted to rob him, During the trial of tue case Mr, William =F. Howe, tue prisorer’s counsel, Taised several objections, rued and Justice Sutherland sentenced Lenahan to the State Prisou for ten years. Mr. Howe then took the case on appeal to the General Term of the Supreme Court, and that tri- bunal decided yesterday in his favor, reversing the verdict in the General Sessions and directing a new trial. Edward Murpby was tried in the Court of Gen- eral Sessions on the 9th of April, 1873, for robbery | in the first degree, in attacking and robbing John North, on the 12th of February, 1873. On this con- viction Murphy was sentence to the State Prison for twenty years; and at the Octover General Term oi the Supreme Coort, his counsel, Mr. Howe, moved for a new trial and a reversal of tne conviction on geveral legal objections. The Cyurt in this casé also reversed the conviction, id THE OPENING OF SIXTH AVENUE. Judge Donohue gave the opinion of the supreme Court Genera: Term yesterday, on an appeal from the order confirming the report of the Commis- sioners for opening Sixth avenue, The appeal came up on allegations that the parties objecting had no opportunity to see the report, The Court says notice to file objections was Issued in 1873 and noue were made; every one clse could see it and the property owners urged the opeming, and no grounds for concealing the report were stated; and no fraud being proved im aby way the judg- ment must be conirmed, FEDERAL COURTS. BUSINESS DURING THE PAST YEAR. In the United States Circuit Court for the South- ern District of New York during the past year, 1874, there have been commenced, on the common law aide, ninety-three suits (exclustve of suits in- stituted under the Internal Revenue law and against the Collector of the Port tor alleged iliegal exuction of duties), and twenty-six have been heard and disposed of. On vhe equity side 297 suits were commenced— ninety-seven heard on motion for injunction, eiglty-four were granted aud four demed, fort, two Were discontinued and otliers were cent Frem the United states District Court, m Ad- miraity, on appeal, filteen causes were brought up and sixteen teard and de- clued, ‘Twenty-five causes were orought up on ajpealin baukruptey irom the United states Dis- trict Court and iitteen beard and decided, To the Supreme Court of the United States thirty-nine appeals were takeo. On the criminal side fitty- eight indictments were found, and of these torty- one have been heard and disposed of, Terms of the Court during the year have been heard by Judges Hant, Woodrud, Biatcaiord, Shipman and Benedict, UNITED STATES COMMISSIONERS’ OFFICE. During the year closed Kenneth G, White, Rich- ard E, Stilwell and John A, Shields, United States Commissioners for this district, have issued 259 | warrants jor various offences, to wit—perjury, cruel and unusual punishment on the high seas, passing, making and selling counterieit money; desertion, smuggling, opening letters and for- gery. THE CUSTOM HQUSE SMUGGLING CASE. The hearing of the case of David P. Harris, a Custom House officer, who is indicted for having been concerned in the allegea smuggling of about 20,000 cigars from Havana, was resumed yesterday in the Unitea States Circuit Court, No. 27 Cham- | t, before Judge Benedict and the jury, | bers stre Mr. A. H. Purdy, United States Assistant District Attorney, coud d the prosecution, and Mr. Sam- vel G. Courtuey and Mr. Joel b. Erhardt: detended the accused, When the case was called on John N. Ladon, a Castom House inspectyr, testified thatthe box of cigars exhibited Wuich had seen imported by Avellanet from Havana, and which boxes, it is alleged, were al- lowed W pass the Custom House by tie derendant, Harris, without the payment of duties; the box of cigars in question was brought (rom the seizure room. The witness said he did not know how Many cigars were in tue box, but it has been tes- tifled by the mformer, Avellauet, that there were 5,000 In each of the lour 00Xes seized. Joseph Roldan and Evaristo Martinez testified to ceriain transactions between the accused and Avelianet, showing guilty conduct of the prisoner. The case will be resumed on Monday. THE ALLEGED FEMALE SMUGGLER. Yesterday, in the United States Circuit Court, No. 27 Chambers strect, at the close of the day’s proceedings, before Judge Benedici, in the trial of D. P. Harris jor alieged smageling, Mr. A. H. Purdy, United States Assistant District Attorney, announced the filing of a criminal information againet Mile. Leoni Javin, who ts charged with having smumgied into this city by one of the and bis youngest son | which were over- | in court was one of four boxes } NEW YORK HERALD, FRIDAY, JANUARY 1, 1875. She continued her occupation of i dresses. This proceeding on the part of the Dis- trict Attorney obviates the necessity of findiog an indictment 8$ the accused, and will, we be- leve, set ai proposed preliminary examina- tion before the United Staies Commissioner, Mr. Shields. The cause will be immediately placed on the calendar, and it is possivie the trial muy be had at an early date in the January term. In the meantime the defendant, who is a comparative stranger in this country, finds it hard to procure | bail, and she is now, though in a poor condition of health, locked up in the prison in Ludlow street, CRIMINAL STATISTICS. WORK DONE BY THE DISTRICT ATTORNEY DUB- Ina 1874, The recoras of the District Attorney’s office for the year 1874 show what an amazing amount of work Jallg upon that oMcer and his assistants, and, judging from the number of convictions secured in the Courts of Sessions and Oyer and Terminer during tne past twelve months, too much credit cannot be given Mr. Phelps om the re sult of his year’s labors. In the Sessioss tue Dis- trict Attorney has naturally received the earnest co-operation and support of Recorder Hackett and Judge Sutherland, both of whom ably presided on , the bench of that Cours, The statistics are well worthy of attention. In the Court of Oyer and Terminer there were during the year-1 conviction of arson, 8 for feloni- ous assault and battery, 1 for murder in the | Second degree, 1 for manslaughter in the second | degree, 1 in the third degree and 4 in the jourth degree, There were also 9 persons convicted of larceny, 1 of Jorgery, 1 for outrage, 6 for larceny | Irom the person, 14 ior burglary, 8 for violation of Election law and for violating the Excise law, which, with one for misdemeanor, make the total number 52. In the General Sessions the figures naturally rise to a higher scale. Inthe first place the Dis- trict Attorney presented 3,167 cases, in which 3,602 males and 611 females were implicated. The number of tndictments during the year were 291, aud on these papers were arraigned 2,639 males and 284 females. I'he Grand Jury dismissed 852 cases and acted upon 2,552. When these cases went to trial there were 1,350 males and 150 ie- males convicted, 216 discharged, 51 had judgment suspended, 77 bolle prosequis were entered and 215 acquitted, O1 the sentences there were 3 per- sons sent to the State Prison for lile, 35 for ten years aad upward, 144 {rom flye to ten years, 482 irom two and ahnif to five years, 149 from one to two and a half years. To the Penitentiary 6 per- | gons were sent for five years and upward, 31 from two and @ haif to five years, 162 trom one to two and @ half years, and 274 for less than one yeur. Beside these 73 minors were sent to the House of Refuge, 4 persons underwent short sentences im the City Prison, 9 were fined, 2 were sent to the Juvenile Asyium and 15 to the Catholic Protectory. SUPREME COURT—CHAMBERS. MANDAMUS AGAINST THE BOARD OF POLICE JUSTICES. Before Judge Donohue. Application was made yesterday for a writ of | peremptory mandamus directing the Board of Po lice Justices'ta restore Avana Fontana to the posi- tion of Interpreter of the Sixvh District Police Court. In june last the Board declared the office | unnecessary and abolished it, but without giving | any notice to Fontana, as required by one of their | bylaws. Ic was agreed to consider the matter as | though an alternative writ had been granted, and | the same was made returnabie on next Tuesday, i when the case will be argued, DECISIONS. By Judge Lawrence. rendum. Matter of Waterbury.—Memorandum for counsel. By Judge Donouue. Barker vs, Hagel.—Motion granted, Matter of Drew.—Order granted. 42 Van Volkenburgh vs. McNiif.—Motion denied. National Park Bank vs. Oakley,—Order granted, Continental National Bank vs. Adams.—Opiaion, Panama Kailroad Company vs. Kobinson.—Mo- tion granted. Purdy vs. Schlesinger et al.—Motion granted. Memorandum. | _ Goward vs, Lacey.—Granted on conditions, Memorandum. @ Archer vs. Turner.—Motion granted. Kiersted vs. 0. & A. R. RK. Co.—Motion granted. Memorandum. . Wagstaff.—Motion granted. Rogers v8. Hamburger.—Moticn denied, Bright vs. M. St. P. R. R, Co.—Motion denied Memorandum, a Same vs. same.—Motion granted. Memorandum. On and ajiter January 4, 1875, and until further notice the Chambers calendar will be called at | e1even o’clock A, M, SUPERIOR COURT—SPECIAL TERM. DECISIONS. By Judge Sedgwick. Braisted vs. Lee et al.—Motion to continue in- junction denied, 1t appearing that the dejenaaut ‘Lee bas not received $4,000 net reats. | Leggett et al. vs. Miller et al.—Motion dented, | Sanxay vs. Hazzard, et al. —! conclusions of law settied and flied. Marine Nauonal Bank vs. Quintard.—Motion de- nied. By Chief Justice Monell. Brewster et al vs, Taylor et al.—Case as settled | ordered on file. Koe vs. Roe.— Memorandum for counsel. | | By Judge Freedinan. Dow et al. vs. Darragh.—Piea o! award in bar of action overruled and accounting ordered. see opuon. By Judge Van Vorst. MeRugh vs. Imperial Fire Insurance Company, of London.—Judgment for defendant. Findings of | fact and conclusions of law signed and filed, see Opinion, By Jndge Cartis. } Stritch vs, Woll.—Motion to strike out portions of reply denied with costs of opposing motion to Plaintif. COMMON PLEAS—SPECIAL TERM. DECISIONS. By Judge Robinson, Taylor vs. Phillips.—Uase settied. | Morgan vs, Morgan.—Order signed. JEFFERSON MARKET POLICE COURT. RAID ON A GAMBLING HOUSE, Before Judge Flammer. + On Wednesday nignt last Oficers Spence and Clark, of the Fifteenth precinct, made a descent on a gambling house at No. 856 Broadway and arrested Jonn Frink, John Henry, Robert Moses and Philip Bracy. They Were all arraigned at the above Court yesterday. Frink held in $1,000 bail to answer and the,rest were discharged, | A SUDDEN ATTACK, About nine o’clock on Wednesday night John Riley, of No, 411 West Forty-first strect, was pass- ing through Thirty-third street, between Sixth and Seventh avenues, when he was attacked by a man named Charles Reynolds, who cut him in the head with @ knife. Reynolds was arrested by Oficer Clancy, of the Twenueth precinct, and was | heid in $2,000 bail to answer. CAUGHT IN THE ACT. Mrs. Anna M. Ryan, of 261 West Forty-first street, surprised a burgiar named Francis White in her bedroom Wednesday evening. He was in the act 0! packing up some $200 worth of clothing when he was caught, Mrs. Ryan locked her unin- vited guest in the room and sent for an officer. | Sergeant Westervelt, of the Twentieth precinct, bad the nonor of bringing Mrs. Ryan’s capture to | the station house. The prisoner was arraigned | before Judge Flammer yesterday and held in $3,000 bail to answer. ANOTHER INFLUENTIAL GAMBLER, William T. Shedd, of No. 700 Broadway, was ar- preierred by John H. Ellis, of No, 100 East Twenty- ninth street. The complainant alleged that be- tween the Ist and 16th of December he lost $1,360 in the house kept by the prisoner. Shedd was heid in default of $2,000 batl, but was subsequently remanded by Judge Flammer to the care oi the Sergeant of the Court. 'A MAYOR AS A LAW-BREAKER AND LAW-ABIDER. | Phe ordinances of Newark require all citizens, under a penalty, to remove snow from the side- walk infront of their property within so many hours after it ceases to fall. Yesterday, among the property owners notified of remissness in the matter, by Justice Lambert, was Mayor Nehemiah Perry. {iis Honor sent a prompt reply that be thought it had been attended to long before, and wouid see to it at once. ers should not he law-breakers."’ This being the | Mayor's first offence Jersey justice will douotiess be merciiuily dealt out to hun. | | A BRAKEMAN’S DREADFUL FATE, | ‘os | About one o’clock yesterday morning James Durand, one of the oldest brakemen in the employ of the Pennsylvania Railroad, was shockingly and | fatally injured by being struck while passing under tue bridge near Metucnin. He was riding on the top of the cars, and in the darkness did not see the bridge sown enough to dodge. The train was moving jase at the tine, Darand’s skull was frac. tured and his face a jaw dreadiully torn, He was removed to Elizaveth and thence to St Micnael’s Hospital, Newark, where he lay yester- , DUE With not a shadow of hope that he could live out the twenty-four hours, fis residence '* Judge Davis, that sae trustees jm Miller's case | al decesent and fig wile jh tue Gapacily of @) Frena) steamers aygul Mfty Very valuable suk | in Vamdeu. where lus wile and child reside Matter of Gallagher.—Motion granted. Memo- | | | dings of fact and | | @5,000, caine to hand this noon. Wie thanks I re. ralgned on a charge of keeping a gambling house, | He added that “law-mak- | PACIFIC MAIL. The Ways and Means Committee Com- Plete a Hard Day’s Work. NO IMPORTANT DEVELOPMENTS. A Vice Presidont’s Opinion of What He Should Know and What He Shonld Not. The Meeting Adjourned Until Saturday. The Sub-Committee of Ways and Means resumed business in Parlor No.1, Fifth Avenue Hotel, at half-past ten A. M. yesteraay. The room was pretty well crowded during the day, although noting of a very interesting character came out in the testimony. The first witness examined was Mr. Weed, the cashier of Mr. John Roach, who, being sworn, stated;—I am cashier of Messrs. Joun Roach & Son; I remember an exchange of checks for $200,000 being made on September 4, 1872, at the request of Mr. Bellows, Viee Prest- dent of the Pacific Mail Company; on the day previous, while I was tn the office of the Pacific Mail on other business, Mr. Bellows re- quested me to make the exchange; Mr. Roach was not present, but on his return to the office he said he bad no objection. The check given us was deposited in tho bank to our credit; it was only regarded by us a8 ao exchange of checks; gave Mr. Bellows, not to Mr. Stockwell. Mr. John Roach was then recalled and stated :— Ihave no Knowlecge of the transaction, as Mr. Weed, my cashier, did all my business with the company, making my disbursements and my collec- tions; Mr. Weed came to me and told me that the Vice President (Bellows) asked him to exchange checks for $200,000; I sata I saw no objection, and the transaction was made; the sum corresponded to the amount we were to receive from the com- | pany on account of the twosteamers Peking and Tokio; Mr. Weed filled out the check, and we re- ceived the exchange and passed it to our credit; when the question came up [ looked over our check book and found there was nothing in the Matter as far as we were concerned, except a mere change of checks; all I Know about the matter came irom Mr. Weed. SINECURE DIXECTORS, Mr. Rosewell G. Roiston was then sworn:—I was elected a director of Pacific Mail Company May | Dothing about the movements of the company in their efforts to obtain °a subsidy; | knew nothing of the subsidy, and nothing was ever stated at the Board about the liabilities of the company in re- gard to the subsidy; do not know the original simple | the check to | | 29, 1872, and remained in office until December 17, | | 1872, when I tendered my resignation; I knew | amount Ol stock issued by the company. Mr. G. L, Kingsland was then sworn:—I was elected as a@ director May 29, 18/2, and served | until May, 1873; 1 had no connection with the company prior to that date; I obtained no knowl- | edge of the expenditures of the company in re- gard to the subsidy; the matter was never brought up before the Board of Directors during | my term of oMce; I know nothing at all about summonea before this committee. MR. STOCKWELL'S BROKER. | Mr. Charles A. Avery was then sworn:—I am the | attorney for A. B, Stockwell; I was ao partner {| with Mr, Stockwell in 1872 in the frm of H. H. street; our firm held no Pacific Mail stock; all I know about the subsidy is what I read in the papers; I know nothing about Mr. Stockwell’s efforts to obtain the subsidy; considerable Pacific Mail stock and we acted as brokers for him; I could tell you the amount of transactions by reference to my books; they are on deposit, but [ can get at them; Mr. Avery then leit to get his books. MR, HATCH’S BUDGET OF LETTERS, Mr. Rufus Hatch was then put on tne stand and | stated :—I bave had the books ana other papers | thorougiily examined, ana these are the only let- ters {can find. air. Hatch then read the 1ollow- ing levter:— | | | Wasutnaron, Jan. 14, 1871. My Dear Sin—Your esteemed tavor of 13th, covering check for $5,000 is at hand. Witn thanks tor your Usual prompt attention, 1 remain, very truly yours, c . LRWIN, Mail steam- A. C.S Anrrcromm, Esq. Treasurer, Pacitic ship Company. Tuat letter was indorsed Irwin, Kicbard B., Jan- wary 14, 1871. THE SECOND LETTER, Wasuixaron, Feb. 13, 1371. My Drar Sin—Yours of the Uth, covering chee. tor ait trusy yours, AKD 8. IRWIN, ©. S ABeRcRomaty, Esq., Treasurer, Pacific Mail stexm- ship Company. The avove is indorsed Irwin, Richard B., Febru. ary 13, 1871. (Private official 79.) Orrice oF Paciric Matt, STEAMSIIP Company, Sano St Wats, sraxtr, ¢ 2, 1871. Ricwarp B. Inwix, Esa. The President of tis company desires your presence | here as soon as possible atter the receipt ot this letier, and you will therefore make your arrangements to | leave san Francisco, or New York, overland, so as to be here a! anearly dat | ‘The objectin view of your coming here is to obtain | from you all the information that you can give as to | What wus done by you last yeat to obtain an ‘increased subsidy for the China line, and therefore it is uncertain how jong you will be detained here, but you had better | arrange to be abseut at least two months. During your abseuce the agency business will be con- ductea by Captain tldridge and the assistant agent, Mr. Holman, they dividing your duties as most to tacilitate the business of the company, and this to be arranged by Captain Eldridge and yourseit \etore your departure. Telegraph When you are ready to leaye and wnat day to expect you here. Yours truly, ¥, W, dG. BELLOWS, Vice President, Wasuinerox, March 5, 1872. (Recelved March 6, 1872,} F. W. G. Brizows, Fea., Vice President;— redean Sin—Thanks tor the return of Mr. Sargent’s etter. ‘To Oblige some of our best and strongest friends I have promised a berth as treight clerk on China line to Heury F. Jones, of Massachusetts. Will you oblige me by sending me a trank tor.him in cabin, N.Y. to S. FP Kespectlully yours, RICHARD 6. Law Indorsed, likw:s, Rrowp. B., March 5, 1872. AGeNcy Pac 1 SteaMsnie COMPANY, Max Fuasctsco, July Si, Leta” A. B. Stockwrut, Esq. President, New York :—~ ‘Dean sin—Enciosed | hand you drafis of proposals for the new China se ice, and of all necessary documents ‘your sending Mr. Abert to Washington he bids, sealed, with instrucdons to deliver them pn, OF Tf you choose before the morning of August 12, and to attend the ovemng and report to you. He is | the best man. At all events send some one. Very re- | specifully, RICHARD B, IRWIN, Indorsed, Irwin, R, B., July 81, 1872 | acniiat is all the papers or documents that I can nd. | By Mr. Beck—I know nothing personally about | the exchange of checks between Mr. Roach and | the substay ; I do not know why Mr. Hatch had me | | Gray & Avery; we were doing business in Broad | Mr. Stockwell had | | the Pacific Mail Steamship Met te I can reier to the books of September 4 1872; I find a charge, entered on September 4, of $100,000 to John Roach on iron propelier No, 5, and @ charge of $100,000 to Jono Roach on iron propeller No, 6; the Tokio and Peking have been fully paid for; I think that there 1s $.00,000 more charged on each Of these steam- ers than Mr. Roach actually recetved; I should say that somebody was trying to get away with $200,000; Ido not know what was do! | ness, without hunting up the old affairs of the cf ; 1 Delieve the $200,000 went to Lockwood & Co.; Ido nor know so for certain, I believe that | SOME ONE WAS BENEFITED by tne transaction; 1 cannot tell who it was; I | have an opinion, bul not any knowledge avout it, Mr. Hatcn, being sirongly pressed to answer, said, | “My impression 1s that Mr. Stockwell made these | exchanges.”” Mr. Hatch then said that he believed Mr. Roach’s check for $200,000 went to Lockwood | & Co, Mr. Kasson asked, ‘What are your reasons for connecting Lo:kwood & Co, with tue transa | Won, as we have the right to know? Mr. Hatch | replied, “I was shown one of those checks by Mr, | Roach, and | saw Lockwood & Co. on the indorse- ment, 45 if 1t had been deposited by Mr. Stock well; Ido not know anything about the original stock of the company; | believe the last movement made in Albany by hr. Stockwell was to recall ten mull- tons of tie stock.’? Mr, Burchard then went Into an examination of | the books with Mr. Hatch, but the latter could | give no definite information, as he sata he had not kept the books, and, theresore, could only judge from what he read. STOCKWBLL’S PLIANT BOARD. Mr. Alexander Masterton was then sworn, and Stated :—! am a banker and was 8o in 1872; I was a director in the Pacific Mail Steamship Company and was elected with the Stockwell Board, and continged a director until Aprii, 1873; [ was in Kurope part of the time; 1 was a member of the Executive Committee until February 14, 1872, and Was present atthe meeting on that date; 1 resent When the resolution was passed giving the President, Mr, Stockwell, power to expend moneys in employing counsel, &c., to procure the subsidy, That resoimuon was passed at the seauestot Mr, Stockwell who stated that with it; | | Lhave enough to do to attend to the present busi- | was | Money would be required to assist 1m obt ‘his subsidy; Mr. wkwell did not nam Specie sum that would ve required; I think that the Executive ommittee aid nat ticipate an expenditore of more tian $15,000; 40 not recollect whether there was a \ull board om that n; Ido not think Mr. Stockwell Damed any specificsum; noreport was made of the amount expended by Mi. Stockwell that I know of; 1 do not remember Mr. Stockwell 1ng me any personal statement; | ‘bink I have met Mr. Irwin; I know nothiny at ali about the enurpemente made by the compuny in regard to Ye Mr. Beck then went into an examination of the witness, to discover the duties of an executive committee, Mr. Masterton stated that an audit ing committee was appointed to examine the ace, counts of the company, aad anything remargabie' that might appear on the books wou'd have come, belore their notice rather taan veiove that 0} the’ Executive Committee; I Know nothing more, about the expenditures for tue subsidy than what) Ihave heard on the stréet. Mr. C. A. Osborne was then sworn. I have bee) a director o/ the Pacific Mail steamship Compan’ since 1871, with the exception«! avout a year went in with the Stockwell Board und remainec until the following election; | tiink I was 4, member of the Execuuve Comimitvee; I wat not at the meeting where the resolution Wess passed authcrizing the expenditure o moneys by the President; [| knew nothing about what was going on abont the subatdy; had no knowledge whatever avout tt, and ag Mr. Stockwell was rather an autocrat in his position 7 do not supposs body knew very mwucn; asl did not care to act the pyrt of a dummy in this direc uon 1 very seldom went to uny ol the meetings, | as when I asked any information jrow Mr. Stock- well 1 could never obtain tt; I tuink Mr, Stockwelk was at one time an enormous winner in stocks, and toward the latter part ol tue yearavery )/ heavy loser; Mr. Stockweli was given his own way, ag he had the control of the direction, and the few that wished to examine nis aflairs could make no stand against the majority; those that have the controlling interest in the stock hav the controlling interest in the company. } Mi Baxter was the next witness sworn :— J was a director in Pacific Muti, eiected in the fall of 1871; 1 was present at the meeting of the Ex~ ecutive Committee that passed tne resolution au~ thorizing Mr. Stockwell to spend certam moneys to assist the passage of the sub-idy; { believe that Mr. Stockwell stated that the expendiure ld, be about- $6,000 or $7,000; 1 did uot know whé was attending to the subsidy for tie company; I bee lieve Mr. Stockwell was speculating considerably in stock during that time; I was spcculaiing my- 4 gel! in the stock; the accounis vi the company were laid peiore the Executive Lommittee and be fore the Board of Directors once a mouta; ldo not think the Board of Directors ever went in’ an eXamination of the books; Las # member of thi Board was never aware Wat any money was Spent on tie subsidy; THE FALSE ENTRIES ¢ that I now know were then made would certain); have affected the price of the stock Wf they hi been exposed at tie time; | suppose Mr. Stockwell Was aware of the condition of the company; if he Was hot nobody Was; the perso. in the position to know the most about the disvursements of the company was certainly Mr. Stock weil; the pres dent had the authority to fili a cleck for a loan to any amount, vut he had no authority to make payment over $5,000 without tie authority of the Executive Committee. TRACING THE CHECK. Mr. John Elliott, of the house or Riggs & Co. doing business in New York aud Washiugton, was the next witness sworn :—1'nis check, May 30, 1872, on the Marine Bank trom the Brooklyn irust Com- pany, 18 indorsed by Riggs & Uv.; the indorse- ment was made by ine, and the check came from my house in Washington, indorsed, in a letter asking iniormation; the transacuon velongs ta the Washington house; I do not know whether the money was placed to Mr. Schumaker’s credit, or whether he received the cash. NOT THE DMPLICATED WHITING. Mr. Newton Francis Whiting was tnen sworn in order to clear himseif irom any connection with Pacific Mail matters. Mr. Niblack then staved he was perfectly gatistied that this Mr. Wniting was not the person reierred to, and tuat Mr. Clarke’a statement had been incorrectiy reported, “IRWIN, PER ABERT,”” Mr. Dumont Clarke was recalled and stated that they bad been searching jor checks required, but could not find them; I may state that & per- son of the name of Charles Abert. ine coe OY cor- responded with us in connectiou witn Mr. Irwii the letters were generally signed by Mr. Irwi per Abert; those three checks were undoubtedly paid to Mr. Irwin, or else we would have remem- bered something avout them; tue paying teller has no recollection of the matter. Mr. Beck thea said as Mr. Irwin stated that he Tsonally had drawn some of the money and hag left New York on May 27 we are rataer anxious to try and arrive at who got the money. Clarke then explained how cnecks were paid 7 | and what was done with them alter they were paid. We take a casn balance every nignt; 1 am positive those checks were paid in cas Mr. Clarke then made some forther statements in re- lation to Mr. Irwin’s account that proved of no great importance. Mr. Jono Baby was then swor! York; I bave been an sgent of the Pacific btn Steamship Company; I have been in the employ ot the company twenty-turee years; I kuow nothing. more avout the subsidy than what is known by the general public; the company paid my far Washington in 1870 to use my personal influence with some friends trom Sun Francisco; I did not spend a dollar for them in 1572, and 1 have, no knowledge of any that was spent I did not go to Washington that year; I never w: in Washington butonce; | know nothing persop ally about the exchange of checks; there wo considerable talk about a sam or $200,000 that wa. floating around and not charged to avy one; ther Was @ suggestion made at that time that 1 sh carry it on my account, but as I DID NOT FEEL UP TO THE LOAD I reside in New ultimately found a resting pi | Mr. Phelps wanted to charge about $200,000 againsil my account; I do not Know whetuer ne was jest. ing or not; { belteve he was acting in Mc. Stock Well’s interest, trying to get up a report. As there were ho other witnesses on hand tne committee adjourned untli two P. A¥iERNOON SESSION, Cyrus H. Taylor, the nute teierof the Central Nauonal Bank, was tue first witness sworn at the atternoon session, He said, lam tne note payer of the Central National Bank; our books show ob the 20th of May, 1872, we deposited a check of $4,000, or about that amount, whica was probably received on that morning; it is impossible for us to tell when we received that check; we did no& receive it from Wasiington. By Mr. Kasson—It is not at all certain after th examination that we could say to whose credit the $4,000 was paid; it would be impossivle for w. to make such av examination to-day. WAHITING’S ACCOUNT. Mr. Eugene Kelly was next sworn:-I am @ © member Oj the firm of Kugeue Kelly & Oo; we have a banking house at No. 45 Excnange place, and John 0, Kelly & Co, tn San Francisco; thie a certificate of depusit, May 20, 1872, drawn to the order of J. H. Whiting, has passea through our = 4 hands; he is occasionaily in New Yors or Wast ington; be has had an account with us ior # long ' time; {do not remember his address; | do now j know wnhqther it passed througn our San Francisco house or not; it was placed co his credit in our books July 2, 1872; $56,700, the credit of J. H. Whiting; { have not seen Mr. Whiting for some lime; he way have been in the ofice Withe out my seeing him; [ do not Know waere he is now residing; | heard that he lives iu Coonectt- cut; Ldo not think that he is doing business im San Francisco; | toink the firi’s name war Hooper, Whiting & Co.; this credit was to Whitin, individually; (his account that [ hand you is » record of the checks and deposits in Mr. Whiting’s account Irom July 2, 1872, to January 3, 1873, some checks Were then produce on Mr, Kelly's bank that the committee desired some Informas ton about, Mr. Kelly said, I believe that the gentleman to whom that ch (alluding to check for $18,000) was made payable, 1s the Hon, Core nelius Cole, @ brother-in-law of Mr. Whiting; Mr Coie was Senator irom Caliiornia, Mr. Kelly was then asked to furnish a Stutcment of Mr. White ing’s account froin January 1, 1572, and forward 16 Mr. Ruius fiaten, recalled, said:—This is the check book; I find September 4, propeller OO: and propeller 6, $100,000, making 1D al 000; I tind on the opposite page, September 4, dividends and investments 1,600 Panuina Ral road, at ninety, $144,000; profit and joss, 16,000 ares at thirty-five, $06,000, added togethei amounts come to $20 ). Mr. Frederick Nolau then statea:—We had a arrangement between our railroad company av the steamship company to sustain rat i was New York during the time the subsidy was passec Thad no commianication with mr. Stockwell as ty the means they lad to optain the subsidy; I havi bought puts and calls trom Mr, Stockwell; I kno’ nothing at all bout the subsidy, LOSERS OF TWO HUNDRED THOUSAND DOLLARS, Mr. Horace Merrill, @ bookkeeper irom the” Pacific Mail Steamship Company, was then calied and sata :—I find here charged ‘to cash tne sale 16,000 shares of Panama liroad, $144,000, ans ) charged to profit and joss, gain on 16,0U0 shares, $56,000; in journal | find investments credit, Sep- tenioer’s, sales of 16,000 shares o! Panama Railroad, $144,000; imterest account, gain on 16,000 shares, $56,000; the result of the transaction betwee! the company and John Roach appears to be ® cheok given to Roach of $200,000, aud that the col pany had sold 16,000 shares of Panama Rail and made a profit of $56,000; I should say that the company were losers of $200,000 on the trans’ action. Mr. W. H. Lane, the next witness, sworn, said:-, Iam purchasing agent and acting secretary the Pacific Mail Steamship Company; | hav an examination of the Pacific Company's books and papers, and found one lett from Mr, Bellows to Mr. Irwin and several iro’ Mr, Irwin to the company; the letter from fee to Mr. Irwin I copied and gave to Mi latch, Mr. Post, clerk in the employ of Pacific Me | to the commitice at Wasbington, | testified as to his search for letters at the re of Mr. Hatch:—TI only found one letter fr company bearing on’ the subsidy, wiich dated December 7, in the passbook, and I Mr. Lane made a copy of It. STOCKWELL'S ORDERS. Mr. FP, W. G. Beliows, ex-Vice President of Mail, then appeared and reqaested permt make @ statement, He sald:—I never ¢; cept in the regular order of by and j always prefaced my orders with the tions that the President desires 40 and 60 ‘was always particular in so stating my or regard tothe money charged to the tw never made any relark, as staved by