The New York Herald Newspaper, February 5, 1875, Page 11

THE COURTS. Conclusion of the Kemble- Dana Libel Suit. THE JURY DISAGREE. Necessity for Banks To Be Careful in Certifying Checks. A City Gas Bill Ordered To Be Paid. A Deputy Custom House Collector Indicted and Arrested. ‘The Metropolitan Gas Light Company claims that the city is indebted to it in the sum of $190,- p00 jor lighting street lamps and pave brougnt suit to recover this amount, A motion was made yesterday in Supreme Court, Cnambers, bejore | Jaage Lawrence, tur leave to amend the complaint by setting up a tender of $158,000 in payment or the claim. The motion was opposed on the ground that tne money should be brought into court. tadge Lawrence took the papers, reserving his fecision, Judge Lawrence, in Supreme Court, Chambers, granted yesterday a temporary injunction against Charles Shay, George Callan and Francis B. Mur- tha, proprietors of the Globe Theatre, restraining them from giving any performance until payment of their license fees, As in previous cases of this kind the apptication was made on bebalf of the Booiewy for the Reformftion of Jnventle Detin- quents, THE KEMBLE-DANA LIBEL SUIT. The lide) suit of William H. Kembie, ex-Treasurer published in the Now York Sun of March 15, 1872, was resumed yesterday before Judge Curtis, of the Superior Court. There was a much larger attend- ance toan On the first day of the trial, Mr. Kem- ble, the proseeutor, Was promptly in astendance, accompanied by his counsel. Messrs. Cottman, Eoceisine and Wheeler H. Peckham. The deiend- ant was represented by William O. Bartlett and Willara Bartlett, Yesterday's proceedings were opened op the part of the platutif, whose counsel introduced farther testimony to prove the good character of Mr. Kemble. Among the witnesses calied Jor this perpose were Mayor Stokley, of Philadelphia; Cnaries W. Brooke, a lawyer of this city, and J, L. Tobias. Mr. Jos. D. Eocelsine testified that he had made a thorough search among newspaper offices in Philadelphia for the original of the so- called ‘addition, division and silence” ietter, but bad been unable tu Andit, Mr. Peckham then offered to put in the sworn copy of the letter, and Bpon such offering quite an argument ensued. It was claimed that the lost letter was not to be re- garded upon the question of its reception as seo- ondary evidence in the same light as more im- portant instruments, which, from the natute of the case, would be likely to be carefully. pre- served. The sworn copy of the letter was finally exoluded, An offer was then made on bdenalf of the prosecution to pat in evidence several subse- quent articles publisned in the Sun, aod ciaimed to be & repetition of the libel forming the basis of the present suit. Tne Court refused their admis- sion, Mr. Bartlett now offered to put in evidence that portion of the Message of Governor Geary to the Legislature of Pennsylvania embody- ing his recommendation of the appoint ment of George 0. Evans as agent for the folteesee of war claims, Objection was made Dee 38 pul lett declined to put in "ie ontire and the result was that no portion of it was mts ised, This concluded the testimony on both ai William 0, Bartlett now proceeded to im ee the detence. He took as the basis of hig ress to the jury tne State constitution of New York, giving Ro ever ean the right to utter his a eee especially that passed to aoridge the re tes referred to other State ving the same freedom to t! that when you iniringe on oe you tnfringe oa ws liberties of aoe, tne grouna wor! Bey th town rn i nin offered ap piea. C3 on 1p Rnopaning Demarks te Se, insisted, that the lat exeseded in the pubilcation a the bet ‘he ireedom vouchsaled to the press, Mr. Peckham spoke in an equally jmpassionea Strain on behait oi the prosecution. He contended that the publication in question was a wanton and Brrocious libel, that it had brought his cent into repute, and that unless @ verdict was given in favor he would continue to be the objeot of contumely and scorn. In the course of his re- marks he was interrupted by Mr. Bartlett on ac- count of the severity of nis’ strictures upon the defendant and quitea war of words ensued be- $ween the two. A more clear, impartial and forcible charge sel- dom has been uttered from the Bench than that given by Judge Curtis. The law of libel was Most clearly defined. He showed that malice is essential to make a libel. and tostructed the jury that while no evidence had been gi showing Malice or 1!) will on the part of the de or Special damage sustained by the prosecutor they Bre to take into consideration all ~~ Piet stances snd surroundings of the case, pea these facts give tneir verdict. It the citeged ltbel- lous statements were true then they must find tor the defendant, but if untrue they must find for the plaintim. If they should come to the latter conclu. sion AY must then consider the question of dam- fe mn, h rey id in the consideration of this question ey must be guided by reason and not by passion, but as already stated take into account all the cir- cumstances of the respective parties. The jury retired at bali-| t four o'clock. Tue jury jailing to appear with a verdict, the Judge left the court room jor a time and returned | to his seat a few minutes before nine o'clock, when the jury were summoned. They reported disagreement, and, as Judge Curtis became sat: Ged that they could not possibiy come to a onan! mous conclusion in the premises, he discharged them and then adjourned the court. It 18 understood that when the jury retirea to Geliverate they stood four for ths plainti® and eight ior the deiendant, and whea they returned to the court room the jury stood six to six. (INTERESTING RAISED CHECK CASE. The Mutual National Bank of Troy gave a check on the Park Bank of this city tor $44 25, the same being drawn to the order of P. F. Gill, The check was raised to $710 25 and the name of B. Gay Substituted for that of Giil, The Park Bank cer- Wed the check, the holder deposited it in the Equitable Savings Institution, which deposited it 1 the oF valcheck. The trial of the case began aeecace In thi jurt of Common Pleas belore Judge J. F. The question raised to whether the sertidicate isa id one.or Dot ir whether it oniy vertitied to t nature being genuine and there being funds in the bank to meetit. A verdict was fiven ior $853 $8 for the piaintid, thus showin; shat in cases of raised checks the bank paying | bn a iy accountable for tne eotire sum thus | pat A DEPUTY COLLECTOR INDICTED. As intimated in the H&RALD yesterday, one of the }wo indictments presented by the Grand Jury in the Cnited States Circuit Oourt, before Judge Blatchford, on Wednesday morning, was againet a party implicated in the late smuggling cases. The indictment strikes at an important officiat in the Revenue Department, Colonel Robert De Anges, Deputy Collector for the Third division, who ts 1: Plicated in the Ball smuggling case, tne particulars | of which have already been fully reporied. The charge against De Anges and upon the testimony on which he has been indicted is to t ect that in the montn of January last he, m his oMcial ca- pacity, selected trom an importation, principally composed Oi SiIIKS, 4 Case Of hosiery, which he sent to tue Appraiser’s Office to be examined tor tne durpose of aeception aud misieading the Pine sera and the Custom House autnorities n und of W Fy oo eves chs sample of the whole, wo ted, ae pay 4n importation of silks, with Geliberate in. at to deiraud the government. ‘The accused fares presented nimaell before United States Disirict Attorney Bliss and inquired Of that official I it was true that be had veen io- t | | heen Bi ited to him. The District ekg fe was an indict- charge stated, Anges surrendered bimself into ec and an officer was and D@nges given 1nto bi Py ve bail in the sum of $10,000, the names peg! being withheld for the present vy ot ‘Airoruey, The Custom House au- ther are quietly at work, Moving in the mat- ter sloly but surely, and the oF ee hope to succeed in item of iran the revenue whi long time ees counived. at by some othe salaried officials of the governmen' and wise duty it Was to protect the governmen rious offences against ie elopments to be made in the not ogly important, but extremely oe to the public and the mercantile com- tis hinted that other oMicials of the & Custom Hcuse are implicated in th netarigs operations, and when tne entire sche! Of opeptions is Jaia bare it will be found that extenp! these smuggling acts will astonish even tu erchants who have been made sufferers throug the market being undersoia, while the ee he government in its deirauded customs will, 1! expected, reach a large amount. Before Judge Van Brunt. VERDIOT FOR THE CITY. Hushina brought salt against the city r $1,000 for services in indexing natural- d. rt Sup ited and sllowed | Van that the Board had no to all id on account of a rove’ Rervices were rendered & Jiogamet i was given ta savor lavor of the city. COMMDN PLEAS—TRIAL TERM—PART 1. ® Before Judge Larremore. ANOTHER VEBDICT AGAINST THE CITY. Leorard Johnson obtained a contract from the city for Jonstructing & sewer, and brought suit to recovér§11,000 alleged to be dne him on the con- Pinal ithe claim was admitted except $1,344, to the mspector im excess of the time fixed ‘by pontract. The evidence showed that but $77 % 8 pad for such overtime, and, deducting ti amount}, the Vourt directed erdict jor the p! ‘dior te vatance, } DECISIONS, cor By dud Lamha Dema: : tenant Bloo jale va. Vander! Waddel vs. Kenyon; Grantel. May ya. Davis.—Motion granted so far as to allow. pening of the default and grantin, ave ¢ tbe gerendans to answer on payment of e8.—Memorandum for counsel. ‘hanee vs. White.—Motion denied with $10 pats, Valentine.—Motion to strike out * gh of ansver ag irrelevant granted, with $10 cos Globealnsurance Company vs. sian, Memnorane ECIAL TERM. By Judge sed alas Grote vs Grothe —Morion lik@barre Savings Bank vs 'sfing ot aL—Mo- tion denied, $10 costs to abide event, Germinia Bank vs, Frost.—Motion denied, $10 costs te abide event. Eltel ve. Bracken et al.—Motion denied, without preseee to further motion if turther proceedings Trobriand vs. aoe eae ae Plainti® on accovet o1 irtvolousness of anew Kramer vs. Wicker.—-Motlon gra granted, with $10 cost Vay pisinnnr cause sureties to justify and i PU hinan vi vs. Sacnse.—Motion denied, with $10 costs, CUURT OF GENERAL SESSIONS, HOTEL THIEF SENT TO PRISON. In the Court of General Sessions, before Recorder Hackett, yesterday, William H. Brown, alias W. Barnes, pleaded guilty to an indictment charging him with stealing, on the 24th ult., a valise con- taining Wearing apparel and two drafts, the ag- gregate value of which was $558 50, the roperty of Avraham Levering, a guest of the St. Nicholas Hotel. His Honor, in passing sentence, said he understood the prisoner nad the reputation of being a notorious hotel thief. He was sent to the State Prison for four years and six months, PLEAS OF GUILT. Bernard Rudson pleaded guilty to grand lar- ceny, the allegation being that on the 6th of De- cember he stole.a gold watch and chain, valued at $216, the property of William D. Alien. He was Lisi be the State Prison for four and six mon Robert H. Williams, who, on the 11th of Januar’ stole. & Watch and chain, valued at $75, the props erty of Hugo Schmelz, pleaded guilty to an at- tempt at grand larceny. He was sent to the State Prison 1or two years and six montns, FOUND IN POSSESSION. Annie Parham, @ colored servant, in the employ of Mra, Emma J. Mason, residing at No. 188 East Sixty-firsc street, was tried upon a charge of steal- ing stockings, handkerchiefs anda tidy. The last named article was found in the prisonet’s trunk ac her motner’s house. She was sent to the Peniten- tiary for six months. ACQUITTED. John Kane was tried upon a charge of attempt- ing to steal an overcoat, belonging to Edward N. Bond, from a table in the Filth Avenue Hotel, on the 22d of January. The complainant swore that be believed him to be the man; that he was almost positive of if, The prisoner swore that he wes arrested on suspicion of stealing & wate! and $191n Grand street, The police oMcer who arrested the mab, Who was caught in the act of stealing Mr. Bond's overcoat, testitied that the Prisoner Kane was not the man. The jury ren- dered @ verdict of not guilty, A DISHONEST FAMILY. Horace Marks and Jacob and Lewis, his two lit- tle sons, were tried upon an indictment for grand larceny and receiving stolen goods, The proot ad- duced by the prosecution was that on the after- noon of the 11th ult, the boys broke a pane of glass Clinton street, and abstracted two rings, valued at $30, which they gave to their fatner, who, a meee terward, sold them at a second hand store ‘ket street for $7, The officer who made the arrest testified that the boys admitted they took the rings irom Goldstein’s window and having told their father where they got them. A large num- ber of witnesses, including the prisoners, were called by the counsel for the defence, and the case occupied considerable time. ‘The Recorder, in charging the jury, said it was a sorrowfui specta- cle to see 80 Many witnesses deliberately commit had been done in \nis case, and witnesses for the prosecution or those for the de- fence told the truth. Tne jury convicted the boys Of petit larceny and the tather o/ receiving stolen goods, coupled with @ recommendation to mercy. ‘The children were seut to the House of Refu; and the lather was remanded for sentence. THREX PRIVATE WATCHMEN ACQUITTED, Hugh-Nelson, William Carey aud sames Bennett, all private watchmen, were chargea with burglar: lousiy entering the ofMice of Vassar & Co,'s brewery in Warren street on the 7th of last month. It was clearly shown that the accus re aus thorized by the watchman of the premises to go into the office to warm tnemselves on the night in Gueatiag, They were accordingly honorably ac- } quit TOMBS POLICE COURT. Before Judge Smith, HELD FOR ROBBERY, While Mr. Jonn Rud, of No. 42 Oak street, was walking through Madison street on New Year's night. he was assaulted by stx ruMans, who robbed him of $59 in money. until Wednesday last, when one of them, named Andrew White, Was arrested by the police of the Fourth precinct. He was brought up at the Tombs Police Court yesterday, and hela by Justice Smith in desauit of 1,500 bail to answer. ESSEX MARKET Pt POLICE COURT. Before Justice Marray. 1N SEARCH OF BRAIN, {o Canal street is s porter house, kept by Mr. éohn Hadeson, on the approved plan, For ® com- paratively trifing consideration the most succu- tent sirloins can o¢ bad there on the shortest no: tuce, accompanied vy “petaters and intons.’' Waile four fuancial (1, ¢, ready money) customers Were regaling themselves on tue sioresaid and other viunds @ man named McArthur entered the rT cy hand a revoiver of large The gues once disappeared under the persuasion of so . Me Applied himeelf to a vigorous search as to the locality o; Mr. Hadeson’s brains, Belore aiscovertng them, however, McArtur was arrested by UMcer Smock, of the th precinct, and sex Market Police Court yesterday Justice Mari held him tn $1,000 bat! fur trial, FIFTY-SEVENTH STREET COURT. Before Judge Fiammer, ROBBING HIS FATHER. Tames Fiyno, aged nineteen, of No. $02 Bast Thirty-sigth street, was charged by his father with in the pawnshop of Phillip Goldstein, No. 167 | stealing his motner's alpaca dress and a Bible, in ell valued at $43. A pawn ticket represen s od gouds was jound in tue defend When arrested, and he was committe for ‘rial 2 the General Sessions. BOBDING AN EXPRESS WAGON. Thomas Plunkett, driver of an express wagon, undertook to deliver a package of woollen goods, on the 1st inst.,to Rachel Gitsey, No. 367 First avenue, and lost them, as be claimed. A tew days found in the pos boy name All, who said he found them in the str eons His explanation was not falistectory to the Court, and ne was beld for trial in $500 bail. 4 STORY ABOUT A BIBLE. A young girl, nineteen years of age, named Elizabeth Pelis, applied to the Court Jor a warrant for the arrest of a lawyer, named Joseph . Ash- ley, on acharge of larceny. Her story, @ very affecting one, was that about years ago, aiter the death of her mother, her father sent her tothe Juvenile Asylum. Having spent a year thereia Asbley applied for her, and she was accordingly apprenticed out to him. She remained with bim at his place in Newark, coruer of Monmouth and asta Ey ony 9 [ew months when she ran away, has since lived im tis city with wer bros en Waite wien Ashley she Serine me Bible he had as her motner’s, admitted the faci she applied to him tt, ne refused until she bad frst paid him $20 whlch he had given toward the burial of her father, who nad died in Bellevue Hospital. She then went to Ballevue aod ascertained that ber tather had been buried by the Commissioners of Charities, Tney, on oeing informed of areee conduct, sent for the Bivie to his office, at 1, Third avenue. He said Nis Wile had misiaid tt, and he would send it down the following day. He has not done sosince, and tne young girl wished tne Court to compel its delivery to ter. A summons was issued, but the officer Of the Court, in whose hands it was placed, failed to find Mr, Ashley, and s0 reported to tne Court. The inceative not suMcient, provabi or the omcer would have tound the gentieman, who practises in this city somewhere, 4 SERIOUS MISTAKE, On Monday last a hack ariver, named Patrick Duffy, was committed at tunis Court for trial at the General Sessions on a charge o! stealing a gola watch and chain and an oroid watch, in ail valned @t $450, [rom Michael McGrath, a liquor dealer of the Nineteenth ward. McGrath, it appears, got very drunk down town, and @ iriend, named Kearney, who accompanied: xm was not in Uy er io feared that McGrath would be roobed and a irom him the gold watch and ale. Heeving upon Dis person the oroid watch. cGrath ar- rived home he discovered his lom't ead caused the hack driver's arrest, Who thereapon searched in the hack aod found the oroit Watch, which ne returned. This was considered ui, McGrath and Kearney conclusive evidence of his guilt, They were disabused Oo! this. idea y: rday oy Hughes, who returned to this city sor the Orst time since the allegea larceny took place. The result will probably” be @ suit for faise imprisonment ana camwages. Duty is now in the Tombs. COURT CALENDARS—THIS DAY. covrr—c Hela by Jud; LavFonces—Noe 25,26 aC . 28 ts 4 124, 126 tga, 1ate ae 702, 19%, 266, 29, 286, SUPREME COURT—SPECIAL Seca anes by jae ides Van Brunt.—Demurrers—Nos, 19, 4, 6, of law and fact—Nos. 122, 78, 123, 11a sy 132, 131, 185, 188, 19, 154, 185, 166, 187, 183, 74, 1, 6, 48, 60, en Bet urtie aera ban Wr) Judge Van bront.—Short causes—Nos, 1778, 1 1356, ee 1260, "Teoh 1600 Boe, reksge alah 2018, 1670, Bhote cause! jos. 2081, 2168, 210%, 1016, aM, 2025, 2266, 2267, 2381, 2870, SUPERIOR COURT—GENERAL until Monday, February 8, 1875. SUPERIOR COURI—IRIAL TERM—Part 1—Heid by Judge oe —Nos. 97, 653, 1719, 583, 753, 712, nai, €87, 35: , 887, 861, 833, 853, 869. Part 2—Held by urtis.—Nos. 694, 846, Akg 656, 554, 612, 898, 1904, 864, 908, 912, 914, 918, 802, TERM.—Adjourned yl ne eke TERM—Hela by Judge Loew.—Nos. 22, 86, 7 COeene PLEAS—TRIAL TERM—Part Bel by pry Larremore.—Nos. 1184, 1008, 26) 106 36, il 2089, 1, 1186, 2, 782, Part 2—Held by 2178, 1301, 1276, 1300, 1230, 1287, 1307, 1308, 1300, 1810, 1811, 1812, 1313, 1314, 1315, MaRINE CourT— TRIAL TeRM—Part 1—Heid by Judge Shea.—Nos, 1247, 282, 1115, 1: 1450, 1565, 990, 1415, 2617, 1457, 1460, 997, 1365, 2319, 1472, Part 2—Held by Judge Alker.—Nos. 1412, Wea boy 1433, ‘2823, 1478, 1479, Hele ie 1482, 1483, 1484, 14st. Part 3— aby, Judge ‘McAdam*-Noe. 144s" 5279, 414, ‘oa, 188 18, 2621, 2638, 2686, 2749, 2824, 2833, 2840, tar, ata rr Court OF GENERAL SEsstoxs—Held by Judge Haokett.—The People vs. Siven Oisen, ieionlate assault and battery; Same vs. Thoi mpsey, felonious assault and battery; Same ve Fond Gray, ourglary; Same vs. Timothy Donohue, felo- nious assault and battery; Same vs. Hugh Casey, felonious assault and battery; Same vs, Robert Cromte, felonious assault and battery; Same vs, James Carr, robbery; Same vs. Margaret Phaion, grand larceny; Same vs. Charieg H. Uarroll, grand larceny; same vs. Alonzo Jones afd Sophia Juhn- son, grand larceny; Same ve. Thomas Burton, vurglary; Same vs. James Smith, petit larceny; Same vs. Maria wcCormuck, petit larceny; same vs. James Ropinson and Alvert Regan, burglary. COURT OF APPEALS. ALBANY, Feb. 6, 1876, No. 102, William Boardman, respondent, vs, Joseph Guillard, Jr., et al., appellants.—Argument resumed and conductea oy George H. Forster, of counsel for appellants, and Samuel Hand tor .Tespondent. (ln yesterday's report of this case the the names of the counsel were 1eversed througn ma 103, John Howes, Pht eb vs. Henry J. Ropinson, appellant.—Sadmitt No. 297, Ferdinand Bielechotany, plaintif® in error, vs. The People, &c., defendants in error.— Submitted, No. 106. Charles C. Reed, et al., respondents, va. Samuel T. Keese, i Bi,’ lmpleaded 4c., appel- lants.—Argued by Mr. Perry, ol counsel for appel- lant, and by Charles H. Winfleld for respondent. No. 25. Charlotte A. Fiske, administratrix, et al,, respondents, vs. Henry O. Fiske, impleaded, &c., appellant.—Argued by George F. Daniortn, of counsel jor appellants, and by Myron H. Peck ‘tor respondent. Adjourned to February 5, perk CALEND. The following Is the da: calendar for February 6:—Nos, 94, 88, 89, 10, 12, 47, 58, 77. ASSAULT WITH A BOTTLE. province to deciue whether the | The thieves remained a: | SKULL FRACTURED—ANTE-MOBTEM STATEMENT. ; Yesterday aiternoon Coroner Croker received a \ telegraphic despatch from the Nineteenth pre- cinct stating that bis presence was required at he Presbyterian Hospital to take the ante-mor- ; tem statement of Thomas Riley, who was saffer- ing from iracture of the skull in consequence of having been struck on the head with ‘a bottle. pears that at Dine o'clock on Wednesday even- Riley, who tives near the corner of Seventy. fourtn street and avenue A, and fhomas Fox, of he same place, had & quarrel after returning uring which, it 18 Eg og Fox ter bottle, with which Riley a poweriul blow on the leit side of the head, | thus causing 4 iracture of the skull, CORONERS’ CASES. On Wednesday evening Mrs, Julia Geary, sixty years of age and born in Ireland, who was blind In one eye and could not see well with the other, attempted to pass from the roof of her resiaence, | adjoining house (No, 5), when she fell off and w: | 60 severely tojured that she died soon afterward, | Coroner Kessler was notified. A colored woman, fiity years of age, whose name | ls unknown, on Wednesday evening was found ta the Water fovt of Fifty-ninth street, North River. She was lieard to scream by a citizen, who notifiea OMcer Bernholtz, of the Twenty-secona precinct, but defore could be rescued death ensued, sed committed onan or accident. Jacket, white waterproof cloak, trimmed witn red, 8} Jeit foot and brogan shoes, of the leit nanu deccased wore a plain gold ring, and in her pocket was jound $5 10. The remains were sent to the Morgue for identification aad Coroner Kessler notitled. ‘A iad about seven years of age, thinly clad and apparentiy suffering ior want of food, was yester- day brought to the Coroners’ office, vy an officer of the Tenth precinct, to report the death of his mother, Mrs. Catharine Phillips, a poor German widow, who dicd unattended and aione in her room rear o1 No. 29 Chrystic street. Mrs. Phillips, who had been consumptive for years, mahaged wita her needie to earn a pvor jiving tor nerselt aud son, Dut yesterday morning, as sne did not get up as usual, ihe little fellow, perhaps sufering trom funger, Went to arouse er, and, tinaing that she Was dead, cried $0 piteously as 10 excite tne attention and sympathy of the neighbors. tn thi way the matter was brought to the notice of t police, und, subsequently, the remains of the u fortunate woman Were sent to the Morgue to interrea at the pace expense. ‘tne little orphan, now having no home or Irie! was temporarily taken (0 charge by Captain Ulman, of the Teato Precjuct, Coroner Croker was notified. ing on On the second Auger No, 7 Madison street, through the scuttle of the | THE BOARD OF APPORTIONMENT. | #8 A Field Day in the Board Yesterday. MR. GREEN AS A LOBBYIST. The Comptroller and the Commissioner of Public Works Face to Pace. THE MAYOR'S VICTORY.|’ The meeting of the Board of Apportionment yes- terday was the liveliest meeting that has been held for some time. The first part of the session voted to routine business, such as trans ferring $8,000 16 {rom one fund to another tor the Health Board, and laying over for juture consid- eration the application of the Charity Commission. ers to be allowed to use $2,900 balance of an old fund for the eréction of hand elevators in Bellevue Hospital, A resolution to authorize the Comp- troller to issue $100,000 Natural History stock, be- ing the balance of the $200,000 authorized tast No- vember, was laid over. The application of the Commissioner of Public Works that an issue of bonds for sewer repairs to the amount of $50,000 should be authorized by the Board, which application was read at the meeting on Wednesday, was the occasion for the exciting scenes which afterward marked the proceedings, and during which, as will be seen, Mr. Green ana Mr. Van Nort bad a lively tilt. In speaging of the application of the Commissioner Mr. GREEN said :— Mr. Mayor, 1 consider that the expense for tne repairing of sewers is & part of the current household expenses of the city, to be paid for out of taxation and not by the issue of bonds. The effect of issuing ponds for this purpose gives the. Commissioner of Public Works the right to spend $100,000 a year in addi- tion to the sum provided for his department in the Tax Levy. He has $75,000 already for 1875 for sewer repairs, and { deem that athount quite sumi- ctent, 4 LIVELY FIGHT. ‘The Mayor at this point sent for Commissioner Van Nort, who,'on arriving, was informed of the atand \aken by the Comprroller as to the issue of the bonds, Mr. VAN Nonr said:—The Department of Public Works have $75,000 for sewer repairs; but this is for ordinary repairs. By a law of 1872 an issue of -bonds not to exceed $100,000 in any one year was authorized for extraordinary repaics. There is a contract for cleaning the basins at $48,000 a year, and that has to come out of the $75,000, The law au- thorizing this expenditure was in existence when Iwent into office. Now, out of that $75,000, be- sides the $45,000 for the contract men- tioned, $11,500 is expended for clearing sew- ers, and for the pay of mechacics and others by days’ work who do the needed repairing. $14,000, which, you will perceive, leaves a very smarl margin for extraordinary repairs and other work that is necessary in connection with the sewers. The resolution asking for the issue of that $50,000 in bonds is based on chapter 220 of the ‘Laws of 1871, (Mr. Van Nort here read the law.) The Mayou—Is the demand Immediate for this money? Mr. Vax Nost—We are working now, and s good deal of work on the sewers can be done dur- ing the present Kind of weather. Out of the $75,000 we will not have left over $1,000 to $2,000. Mr. GREEN—Now let me read a lew of the bills for what are called extraordinary repairs. Hore’s one for $15, another fur $83, another for §116, Tae Comptroller here read off the items and then continued:—1 contend that the law referred to did notcontemplate such work as this. Work on the sewers of the character shown in tnese vilis ought tobe paid for out of taxation and not by issuing bonds, My object in opposing this issuing of bonds ts to adjust this matter avout the work on sewers. it is not only unwise to issue bonds jor the purposes asked jor, out itis wrong—un- Jusrifianle. Mr. Van Nort (sharply) —I question whether the Board 16 no; obliged under the law to insue the bonds, The Maror—Well, now, I scarcely think the law in terming the work to ve done as "cous ‘S16 i contemplates such work as that which costs Certainly that can’t be Jor repairing a culvert. “extraofdinary” work, ens Van NorT—{ submit that the men who do Fapairs are men who do the work nut by pe bus who are sent bere and there to do sruscera fetta eee necessary. They are on the payroll, “Tne auvon—That item a $33 could not have degn paid lor @ very extraordinary repair. Mr, Vax Nont—With all due respect to XYour Honor, I repeat that | bave submitted a resolution that is based on the law, and I think the Commis- sioner of Public Works ought to be allowed some discretion in defining the work he is obliged to have done, ALL ABOUT A CONTRACT. Mr. Grezn—Wnen I came into office I [found thts hey contract made by one William M. Tw The MayoR—Mr. Tweed was tne Commaiss\oner ot Li as Works when he made the contract, I pre- sume Mr. GREEN, appearing not to notice the Mayor's wterruption, continued:—A coniract, sir, be- tween Fofbes and— The Mayor—Entered into by Mr. Tweed when be was Commusstoner of Public Works, was it not? Mr. GREEN (obstinately)—aA contract which, I think, is inf— ‘rhe Mayor (half rising in his chair and assam- ing an ie of severity)—Was that contract made vy Mr. Tweea as the Commissioner of Public orks? That’s woat you mean, don’t you? Mr. Bey eng sir, yes; On yes; I believe be was; yes, be was. Toe Mayor (aryly)—Well, that’s what I wanted to know. I was asking tne Comptroiler tor infor- mation. Mr. GREEN—That contract was a gross frat desired to get rid of and resisted claims under it; ~ alter the present | came into office a law was passed, at the tail en ad | of which werea few lines which declared all con- | tracts then existing between the Depa: tment of Public Works and contractors valid. | don’t want here to say anything about how:that part of the | law was orought avout--by wnat singular means an act disastrous to the city’s interests was con- firmed by an act o! the Legisiature. The Mayvor—lIt was, | dare say, brought about by a rivalry of interests, and is, in my view O1 It, an- other iilustration of the evil effects of heads of departments going to Albany to influence iegisia- tion for tueir own departments or against other departments. 4 BEAVY BLOW AGAINST GREEN. Mr. Grei ‘I recognize the force oi Your Honor’s view of the evil effects of heads of departments soboying at Albany, but | forebore saying any- ting aoout tat matter in speaking of this la jd I regret that mention jas been made of it. i mit, nowever, tuat we are fortified and strengthened in our good intentions now by tne disusiers which you see follow two or three lines stuck into a law like the one I reierred to, Mt. Van Nort, Qushed with anger and with nis eyes fasting fre, rang to his feet and ex- claimed :—In regard to the question of going to gees to infuence legisfation | have a few words There are o0 two men, | think, Who kuow ut ubject than Mr. Green and my- self; tor, while ‘a subordivate of his for thirteen years in tne Department of Parks, under nis in- Structions I went to Aloany every year when the Legtalatare waa in session of “business (or bis benef.’ Mr, Van Nort turned toward Mr. Greon as he at- tered these words, which, it is needicss to state, cro- the liveliest excitement among the memvers. | | of the Board. As for Mr. Green the blood rushed to bis (ace, and although he tried to seem inditforent bis looks betrayed ni Alter a ouuse Mr. Van Nort ress on 10 state ; that he had tried to get rid of the $43,000 con- tract, but failed, although he had be tid or others he deemed bad. Het AS the contract stood tne Comptroller retused to pay, and | say bere it was | who asxed to have those lines put into the law. | was unwilling that the health of this city snould be enda: oye red because of a quibble over a contract. | took ihe responsibility of doing what [did jor the benent oi tne city. | am not ashamed of anything | do. As to the contract | will say ‘hat since tt was made over one thousand new basins have been built, and, | think the contractor would be very Glad 10 be relieved of rhe vontract. ‘ihe resolution was then, on motion of tne Mayor, lata over, The CoMPTROLLER then offered the following :— TIT FOR Tat, That the Presilent of tne Board of Alder: y to report to this bi rect improverwen: ances ot said Bo: yl, 1875; and also whether the same were pe Hioned ior in each case by the owners of the property Subject to Assessment therefor, with the names ol the petitioners, and tf not so petitioned for designate such works as have been authorized without the application of roberty owners: and also what ordinance been passed which have not vet been ave ny NEW YORK HERALD, FRIDAY, FEBRUARY. 5, 1875—TRIPLE SHEET. prSnch Sh SPRESTEMRG nd The Mayon—What bas this Board got to do with was ‘subject? Mr, GREEN—It bears directly on the subject of the issue of bonds. The President of the Board of Aldermen the other day offered @ resolution asking me to furoieo— The Mayor (laughing)—Then the resolution you now Offer is tn retaliation, is it? Mr. Lewis—I don’t take it so. I hope it will be eee. All the iniormation I can give I wil give ‘OR—Why not draw up a resol ask- sae Meron of Maermes for By mato intormatioa? Tr. GREEN—{ don’t think that's the way it ou; to bedruwn up. I need the iniormation as! Jor to make my answer complete to the resolution of the Prsident of the Board of Aldermen. The resolution was then adopted. It ts as fol- lows:— Wheress been c works or ley ete u iher"i0 iid a ‘departments send = ol 7 ai ym tH bY pia Btock issued Bonds jsened i in Boag fasued in Bonds Total in'thece departments for which bonds have Puree And wheres the Comptroiier has been required B order of the Supreme Court Ai sate Moneys to pa: title to tande or ingen of Open ung and | Boulevards, stree streets, parks a1 sd pablfe Darks and avenues, a8 foilows:— 071,100 in 1878 “fae and arene there are unpaid claims for costs | these proces nadine paysoie out of bonds to the extent of more tha: thousand dollars: Ard whereas there are c.aims ‘confiried by . preme Cour: tor opening indry other streets a awe: hues to the amount of $1 400,U00 that are to be immedi ately paid out of bonds yet to be issued ; And whereas the issue ot bonds to an amount of more ‘than $10,000,000 has been required to pay the city outstanding when the yomny eat Comptroller office, and a large amount of ass of debts is 7) qhamaodio unpaid which mesh be ea out of the ‘whereas alt city have pe erepees inne Pte’ nee sans ents the td ‘constantly increasing ty reaso! lammeasa calls tor these new and, “ a large Seager at present unnecessary work : And whereas property owners, in pag carrying on of works in the yn yy ne a rita out their request, are called Jong betore the prot thus im} ng, in Prebaition vo tie w vee pote works, ae fore long series of amount of agscssmpents paid. Now, Reselved. hat it is judgment of this as the laws now stand, no new work requiring the Pe lus ‘Of bonds should be undertake: . except An actual n aity exists theretor; and the Cor mn Counell the Sore ovation. Couuvel, the Department: ng Public Parks and the Department of Public Wor! and they are re. quested uot to commence or auil prize a any ni Yards or avenues, except clearly "ieeessuy, ‘and not until the owners of property. improved by the ad made by the city, show less disposition to estane payment of assessments on the property benefited. 1 Bet. just that property owners in the lower part of city should be bound to pay tor Improvements which are madg@ solely for the benefit of owners of uptown lots. ery reese. ee $3,.00,000 have been charged upon for improvements to lots up town, wh i eftould if pald by the owners ol property fited. Resolved. That the prosecution of this class of work: under what are Kuown as pa are Jawa, bye special ontracts given to {avo naly x: re a ted cost, & otherwise than by blic ie letting the low- public Interests and ought cst bidder, is Rraaaiota) to the not to be cont: this Board will require to know that the lawson tile subject are, clear and unmmistak- able, both as to to do the work, and as to to the authority their sufficiency to ensure ‘the collection of the assess- ments bdetore it will consent to authorize the rur- er ent bonds for the-continuance of this class of works, many of which are of no public utility and most ot which aro @ generation in advance ot any Cag necessity. Resolv ‘That instead of farther prosecuting this clase ot ‘mp ee. in the w a4 Dart of the city, most ot which are of no present wu ity and are a continued source of Kil ear el rf repairs, and upon which ve been expended’ ae twoand ah sare, the public inverests score, be better served by such fear ‘as the city has to expend to the Tepair and impro' of the streets in the lower part of the it elt now mg uch Dae Cone tees rece ed hrongs o! ople, ich are sank THocesalty for the movetent Of person rty. The Mayor—You ask for information in this resolution in Line to the work done by con. tract or by Gay’s work, &c., without some legis- lative ‘aUbOOFItY. Has tue Board of Aldermen the sole authority to open streets? Mr. GREEN—Not altogether. The MaYoR—Who else u Mr. GREEN—It does Not rest entirely with them. Tne Mayor—Who has "ihe @uthority to open streets besides ? The Comptroller then intimated that the Com. missioner of Public Works in certain cases claimed exciusive authority, and then explatned how the opening, &c., of streets below Pifty-nintn under one BsnOrITy and Futy. from the f the Chair was ane Mr. és voting against it. The Boara th journ it may be Been that: the transiers published ia the esterday of moneys to certain charitable inst institutions were made. CHAMBER OF COMMERCE. —— BEGULAR MONTHLY MEETING—IMPROVING THE STATE CANALS AND NEW YORE HARBOR, ‘The regular monthly meeting of the Qhamoer of Commerce was held at the rooms, No. 63 William street, yesterday afternoon, President William E. Dodge in the obair. Foliowing the usdal prelim- inary business Mr. Solon Humphreys, chairntan of the Executive Committee, reported the nomina- tion of tho following gentlemen for member- sbip:—Myron H. Chapin, Charles P. Cooper, Wil- Mam H. Davis, Jacob W. Decastro, Frederick W. Devoe, William A, Gellatly, Moses G, Hanauer, Frank W. Hartt, Richard A. McCurdy, Charles Mayer, Simon Mayer, J. Seaver Page, Henry L. Pierson, Jr., and Albert 8. Roe. These gentlemen were unanimousiy elected. Mr. Humphreys further reported the following resolution in reference to theproposed amen ments to the Arbitration act, which was eid onary Resolve Feet, Meare, Wiliam B. Dedre, Samect D. Bavooe Euot bow gy soetnh $s Jackson schul elhott Sowata, mes M. fees: Royal Phelps’ Henry F. Spaulding, Abram 3, Hewitt and Gustav Schwab be and are hereb/ appointed a committee to procoed to Albany on belial. ot the com- mercial interests of the city and attend berre the Ju diciary Ge! of the Senate and Assembly, tor the purpose of ining to them the principal teatures of Phe proposed ameudauents to the aroitrution e earl urge upon the committee the importance of passage by the Legisiature. Mr. Samuel B. Ruggles, chairman of the Com- mittee on Railway and Cana! Legislation, offered the following resolutions, adopted at a late meet- ing of the Conierence on Commerciai Facilities, which received the jndorsement of the Cham- ber:— Resolved, That we deem it of vital necessity to th con.merce of the city and state of New York and the ine terior States that the trunk canals shoula be “bottomed out” without delay, to the depth ot seven ieet. as pre- scribed by law and recomme! uy the Governor in his annual message; and thatthe survey therein pro- Posed to ascertain the cost of ‘the work should be made with ine le possible delay. s0! it all aiterior questions of the enlarge- ‘uctures of the canals may be Lore a shall be deepened as now proposes We approve of the recommen: Commission should be appointed to examine the wtoral canals, with a view toa nce. made to secure, amendment, an honest, eco- rt soll is be sent to presented in this conference, requested to memorialize the to the same effect. Mr. Ruggles, iu this connection, reported to the Chamber a condensed statement oi the work of the Legisiature of the State and ot the oficial tion of the canal authorities during the last tothe deptu of water in It was ordered, on motion of Colonel Conkling, that the statement, after due revision by tne Com- mittee on Railway and Canal Legislation, be printed under the direction of the secretary for the use o! the Chamoer, On motion of Mr. Jackson 8, Schuits the foliow- Ing resolution was ananimously adopted :— Resolved, oe the thanks of the Champer gre. due by tendered the on, Fernando Wood tor tive statement of the unauthorized in the tari! under the guise ot coditying ining to the collection of the revenue, On motion the letter of Mr. Wood above re- ferred to was reierred to the Committee on Reve- nue Retorm, Captain Snow introduced resolutions askii be Chamber to urge upon the Legislature to speedily pass the act now before it relating to the throwing of ashes and coal ae into the harbor; also ui Alter discussion the Chamber ordered—first, that the officers memo- rialize the Legisiature and Governor in re.erence to the act to prevent the filling up of the narpor With ashes and cinders, and that the committee about Lo proceed to Alnany to give their views on the proposed amendments to the Arbitration act be requested to use their personal infiueuce for the passaye of tne act. Regus ey the Hell Gate Appropriation, tt was ordered that the omcers oO} the Coamber, together with Jackson 8, schultz tain snow, prepare such a memorial as ts demanded by oe gata of the matter and | course of execution, and whether the same were | tor by a majority or any of the property owners on the forward it todo ng! Colonel conkliag raked for information in reia- inquiry, Chamber before parenase the land, at the same nat they would icee no lurther sume. in ter. Adjourned. FOR SALK. a9 few months ‘00 FIRST CLASS DOWN WN LI . splendid busin ‘Com mission GOOD LIQUOR Migs Ba be ag gore ek ED in the Fourth ward; o1 ye For particulars “apply t to 1 WALL EAM "ABBUTT, jew Bowery. cHor Page Baye fy rsh FOR $50)—BEST stand d imple Rooms, mp! corner nor stores. "Groce: rien, stores Phou ph Gal- lertes. Bakeries, ica Coatectloneries Tea Stores do! jowntowa: MITCHELL'S ‘store "Agency, 7 Cedar street it LOT OF HAT STORE FIXTURES, CON. of cae Casea, Counters, Gas Fixtui Hat Stands, 4c. 319 D Bieccker sirest NEWS. THE SPECIAL DESPATCRES WasmIneton a. ALBANY IN THE RVENING ING TELEGRAM. BUG pv mage FOR SALE—NO. 255 SIXTH AVENUE, order trustees appointed by Supreme Court; oy} 000; e% TRI LAND. terms Apply at store, or to agent, ying BRY sTORE—ON GRAND STREET, ta atotk at cura Beekman street. ind Fixtures, for sale. profitable sand for ia Ad years: eatistuctery, reasons for selling; terms li ERTY, Re BALE—A beter ib) D CHANCE TO. ED Fes ie bat bus Of the oldest Stands ih the ty. of the nue. Address or call onG. E. New York entat't Rooms, 62 Sixih avenue. Fe BSALE—ONK OF THE BEST be pg AND Coniectionery Stores in New Jerne: ay thi: egmplete. Yor particulars address H.C box 239 lieral, R SALE—A JEWELRY STORE, ESTABLISHED seeks n a third avenue: a rare chance for 4 man Epa capita’. Address JEWELLER, box me ‘ork re office. LE—ONE OF THE FINEST DISTILLERIES inthe Uetees States; can be ht foe one-fAlth of ity value, capable of mashing We grain per day; machinery very extonaies for cost could be turn Tito any kind of manufacturing business: in per- fect working order. For turther information address L, POWERS & SON, Kichmond, Va PF, SALE—ONE OF THE FINEST Pee be edly | ind general Grocery Stores in Brooklyp; ul stock; tine fatures; low rent. 233 Smith street/corner Sackett. No agents. OR SALE—THE FRANKFORT HOUSE RESTAU. rant, on account of sickness. Apply at the restaw otoome William street, New York. ‘his hotel has ‘OR SALE—BUTCHER SHOP, IN GOOD LOCATION: | J ‘cash trade. Apply at 807 seventh avenue. : B® SALE—FIVE YEARS’ LEASE OF THE TWO Buildings 27 and 29 Centro fea Appl; saloon on premises, MATTHEWS & OERKER, \AMILY MEAT MARKET—A SNUG LITTLE PLACE, doing B00 business; long lease, cheap rent; Horse dW: excellent chance tor a man to get m th small capital. 494 Elghth | avenue, EAP PRINTING CALL ON THE METRO. ‘AN PRINTING ESTABLISHMENT, No, 218 F% o! POLI’ Broadway. BETAURANT FOR SALE.—ONE OF THE FINEST yatidles’ and gentlemen's Restaurants in the city, reo nese, for eale, cheap. on account of sokteas "Oat at td Weet Thircy-Ars rect, QAFES—A STOCK OF SEUOND & ‘D SAFES, vA rious makes, in good coat end fitted with combina- don locks, selling low for cash Tkains. AMERICAN BAFK COMPANY, ‘S00 Broadway. eee ey MACE HINER x. PEstres IN MACHINERY, MANUFACTORERS fave. it don ANAS Ser Re PRINTING and others apt needing ESrABESHMER, Noe 218 Broad wav, F°, RALE—VERY LOW, IF APPLIED vor. aT . several Hoe Rotary § 3 new, ae jor newspaper work. Address the New York jerald. Roeears £m 4& KING, ENGINEERS AND CONTRACT- Pumps’ adapted tor rey james dete tt Aer uswet Price: wth guaranty ; | Machinery ought ____ MOAN « OFFICES. —DIAWOND, TRUST COMPANY BROADWAY, hes, Jewelry, Sil ses, One! lewelry. vere en ol ame! and Laces; same bor — Fae bye ie private office. a ok AT 8) NASSAU STREET—AT THE LOWEST RATES. Loene, made on Life eetog 4 Merchandise, Dia monds, atches, Jewelry, PIRI tAN LEOPOLD, 80 Nassau street, between Fulton and Joba, T WOLF & BROTHERS’, 835 BROADWAY, Hair haw tween Nineteeath ntieth streets.—Money Jotned ou Diamonds, Watches, Jewelry, :ilverware, Sie ectucaten Pianos eas confidential Los Henotes Hablan spanol. See deat con, AD. T_HALY THE so vanced 8 eo is, Watches, Jowe' rigganad je area, betwee: Latest ie) orien Po LIBERAL AD Diamon: tohes, Silverware, tee edo. M; ay oF will éc., or will pay the highs yay the hl highest ine market price for tho same. — Te BROADWAY, CORNER FOURTH STREET.— 1 advai Diamonds, Watches. Brogers Silke Gaimels Hate oh Shawls, Laces and Personal of every description. PL MATTHe: NEAR BROADWAY.— i Fey ‘upon Diamonds, Watches, Jew e era rickets bought at 7 Bleecker strect, up sal T JOSEPH SOLOMON & CO.'S, 138 ratches, Silver ues and Artich 8. FULTON u.—Moner advanced cn Diamonds, Silks, Camels’ Hair Shawls, An Virtu; catablishen 1850; private JAR, Th BLEECKER STREET, Plano same bought. Also Pawubrok. strect, near office for ladies. Se habla Espanol ONEY LOANED iN DIAMONDS, WATCHES, Jewelr one. | ba’ rware. and the saine bought GEO. C. A! |, 190 0 Broadway, Near 29th st (Pan Mare METROPOLITAN PRINTING ESTABLISHMENT, ‘218 way, have unsurpassed facilities tor doit ati ings ot of or erating with unusual promptuess and lerate pi 403 SIXTH | AVENUE, | BETWEEN fourth and Twenty-Anh streets. ~Liheral ad. Watches, Jewelry, Silks, on Diamonds, Taces'end Shawls. Saime Dought at tall value, L. BERNARD. 918 BROADWAY, NEAR TWENTIETH STREET (oldest established and most responstble office). Liverat advances on viamonds, Watches, Jewelry, Sik Ver, Laces, India Shawls, ac. Same bought. 10 L 145 BROADWAY, BETWEEN TWENTY-SIXTR and iwenty-seventh streets.—Money loaned on’ Diamonds, Watches, Jewelry, Siiverware, Silke, Pianos, ac.; stme bought and sold; parlor tor ‘dadien fidential. S. FIRU: TWENTY. "YACHTS, STEAMBOATS. &C. ‘OR SALE—STEAMBUAT Db. R. “MARTIN, Now 4 River. Yor particulars a to THOMAS ¥. SUNS South street, or 3. tWPsaston au Front street. Fee ar BATERT STEAM LIFE | BOAT freon aes Segeeen oe 7 ieee Lee feet ¢ 8 wide and 4 fee! eed; FO boilers, &c. Address W. HENRY, H rald mies, Ms ERALD ALMANAC, of fap eens, CLUBS AND YACHTS me tables bey! thie re compiled from the oficial ere of the secre. of the principal yacht clubs, givit ye Rumer we i ane ot each vessel. dimensions, &c. nai id the officers of each club jor 1873, far- Sisbed. specially for +4 Be. Matied tree. A oUt baal stat t jailed tree. loners and ne: Seal ers. Address HRRALD ALMANAC New York ony D gag oe Se pPRSCRIPTION FUR. 1 PRINTING ESTABLIStE iT, iy Broadway, N. nen Sennen BOUT b 2. . Groreries, Jewelry, Cloth Aadress HENRY, box Wo herald tne Agr office. CIGARS AND TOBACCO, ARGAIN.—5,000 ‘Fo! FINE QU ity, at $23 per a. Betidaa eae a Stanton street. 006, Cigar Mantactare: CORAL RUBBER SET OF TEETH IN THRER Se hours.—Impression in the to: atternoon. Thirty-tourtn stree! we vane ‘Sixtn avenue. Coral rubber, ve: best = nk plating br mgrtesbomrubive ae ‘set Kets Dp Litters, ae mulatcra: ve ePeen cart wenue care UF B ‘tourtit street. way cara Get ot wis ae Hits Ne! Weat Thirty-fourth atreet, Bon Ri Raith Bins ind 2 Tae evesiyo, anions tak ty ergaes FROM wacliethon St AND ALBANY. METROPOLITAN PRINTING ST. at 218 Broadway, in the Herald fuking NENT T's T ETRU NENT. NO 218 Brya vartety of Vrinting, res te, doevery at very low raven. ‘oud ing und Lithog!