The New York Herald Newspaper, February 16, 1875, Page 8

——— IE COURTS. Tadge Barrett's Charge to the Grand Jury on Theatrical Exhibitions. FREE TRADE IN INSURANCE | a Taxes on Charitable Institutions and Churches, Hitherto, as the arrangements of our courts q@ere carried out, the memoers of the Bar were pertously inconvenienced by the public being al- lowed to enter the court rooms promiscuousiy and occupy the seats which by tight belonged to the togai fraternity. This has been remedied tn the Court of Common Pleas, and henceforth none but the practitioners in the Court and their legal as- Bistants Will be admittcd to seats within the bal INDECENT THEATRICAL EXHIBITIONS. After the empanelling, yesterday, of the Grand Zury of the Court ot Vyer and Termiuer. Mr. George H. Moore being sc!ected as ioreman, Judge Barrett read his charge to them, the notable fea. fure of which was his strictures upon indecent B@oeatricai extuibitions. He began, however, ta the usual way, referring briefy to the sucjects is compelied by law to cail to the selling of lottery policies, usury, bribery, reception cf illegal fees by public oficiais, violations of the Election and Excise laws and the laws against the sale of obscene prints and literature. He concluded his charge as To that I may add that it is of the greatest im- portepce that the provisions of that law shouid at Bll timen b* carefully investigated, There is noth- Ing so demoralizing and degrading as the at- tempts made by interested and vile parties to folat isoned literature upon the young anid innocent. it tends to degrade society, break down morals Sud destroy the young. The same remarks apply to ail indecent exhibitions, I am credibly in- formea that there are in this city public exhi- Ditions which are indecent in their character and wufitto be presented to any audieuce in some of the low play houses. Should you be calied upon to investigate any of these matters [ trust you will do so fearlessiy. These exhibitions are not only as corrupting as obscene literature, but they tend to cast discredit upon those excelient instiiutions, the respectable thea- tres of the city. They tend to briag the drama into aisrepute. The drama ts @ worthy institu. tion. It is & forum o! art. It takes its place along With painting aud statuary. Lt is a whole- some recreation, an innocent amusement for the people; bat these viie exhibitions, watch, in place Of bringing Wit and amusemeut and pathos and beauty before the public, simply bring exhibitions of the human figure, are degrading in themse.ves and tend to cast discredit on those excellent in- Btitations and wortiy players; and | hope that ail these matters, if they should be brought to your ai will receive your very careiul consider- jon. FREE .TRADE IN INSURANCE. The Metropolitan Insurance Company is a mem- ber of tie New York Board of Fire Underwriters. Among the bylaws of the board, which was passed | subsequent to the Metropolitan Insurance Com- pany becoming a member, was one restraiming auy Member irom dealing with any brokers ex- cept members of the Boardof Fire Insurance Brokers. This the Metropolitan Insurance Com- Sergzotenns to do, and the result was that pro- ceedings Were taken jor its expulsion irom the Board of Fire Underwriters. Pending this pro. ceeding application was made before Juage V: Brunt, at supreme Court, Special Yerm, for an injunction prohibiting such expulsion. Jadge Van Brunt gave a decision in the case esterday, the gist of whico is embodied In the closing paragraph of fis opinion, which is joilow the action of the defendants in at- | tempting to prevent iis memoers from doing bus- iness with auy particular class of citizens 18 en- tireiy beyond the scope of 1\6 autnority conterred by its charter. The action, thereture, of the de- fendants in attempting to prevent its mempers from doing business wito broxers other than those Deionging to the Board of Insurance Brokers can- Dot ve sustained, and the plaintiffs are enutied to 0 ipjunction restraining the defendants irom de- ving them of membership, because of their re- 1 to obey such regulation.”’ Judgment ordered accordingly. . TAXING CHARITABLE INSTITUTIONS AND CHURCHES. Suit nas been broaght against the city by the House of Mercy, on Eighty-sixth street, to vacate a@tax imposed on six lots owned by the institu- tion, There was an argument in the case aud submission of tne points yesterday in the Supreme Court, Special Term, before Judge Van Voret. It Sppeared irom the papers that the six lots in question were purchased by the institution subse- quent to the ten origiusl lots occupied by them, the latter purchase, as alleged, being used ior bleaching purposes in connection with their laun- ary. is hot @ charitable insitution witbin the meaning of the statute. On benai! of the House of Mercy it was claimed that tye institution not only comes Within the statute reierred to, but that the uses Ww Wich the \ots in question are devoted are im- oTtant in carrying out ils work of charity. Judge fan Vorst took the papers, reserving his decision, A motion was made severai days since in Supreme Court, Chamvers, besore Juage Lawrence, to Vucate an assessment on four lots o1 ground be. longing to the Gourch of the Holy Sepuichre. It was urged for the motion that the appraisers had revurned on their schedule (he property as of no value, and market the Same exempt. On this te of Jacts it was insisted that the assessors had Tight to override tne return of the appraisers and impose @ tax on the property. Judge Lawrence gave bis decision yesteraay in favor of the plaintifs, and directing the vacatron of the pesessueut. DECISIONS. SUPREME COURT—CHAMBERS, By Judge Lawrence. Dambmann v3. Buiterveid.—fne adjournment ‘Was @ matter wholly Witnio the discretion of the reieree, and the motion to punisn the defendant wust t ore be denied, without costs. Dura . Davis. —ihe consent not being signea by the attorney ior the detepdancs, Davis ané Germer, and 1 vot appearing by what authority Mr. Gillett assumed to act tor such attoruey, the SpPlication to dismiss the appeal is denied. neyde vs. Allen.—-The order lor the examination of Stephen and Kiemenuuassets Must be vacated, with $10 costs. Wrignt heara vetore Justice Dunohue, for reasons stated to memorandum. In the matter of Courch of the Holy Sepulchre.— ‘The assessment is vacated, for the reasons stated in memorandum. !n the matter of Herris.—Proofs seus back for correc\ion. Mcmorandaum. Danziger vs, Crotut.—otion for the appoint- ment of a receiver is denied, with costs, See memorandum. May vs. May.—Motion denied, without costs. Poucnase vs. Serion; Burchell vs. Voorn‘es; Simpson vs. The Mayor, &c.—Memorandums ior counsel. Browning vs. Browning.—Gran teu. Searle vs, Searie.—Memorandum. SUPREME COURT—crRCUIT—PaRT 2. By Judge Van Brant. Bean vs. Beneus al.—Case settied, Townsend et ai. vs, Porter.—See memorandum. SUPREME COURT—SPECIAL TERM. By Juage Van Brunt, Barstow vs. U'Donneil: Wilson vs. Deen; Ropin- gon vs, Haton; Metropoiltan Insurance Company vs. New York Hoard of Fire Underwriters; Bootn | vs. Kenoe.—See opinions. | Man vs. Koehler; Auern ys. Goodspeed; Young | ‘vs. Langbeim. —f ndings setiiea. By Judge Van Vorst. Sanders vs. Porr; Grussy vs. Kramer.—Judg- ment ior plaintits. See opinion. SUPERIOR COURT—SPECIAL TERM. By Judge Sedgwick. King vs. Robiuson.—Motion denied. By Judge speir. First Raneees peak Or Portiand, Me., vs. Schay- Jer,—Case sectied, COMMON PLEAS—SPECIAL TERM, By Judge J. F. Daly. vs. Botiger.—Divorce Botrger plain ti! granted to By Judge Robinson. Seligman vs. N.S. A. Raiiroaa Company.—Case petted. Harcombe va. The Mayor, plaintids on demurrer. SURROGATE’S COURT. Betore Surrogate Rovert L, Hutchings. THE HARDWICK WITLI CASE. The examination in the Hardwick contested will case was resumed yesterday. A nephew of the deceased, named Burrows, testified that he &c.—Judgment for knew the deceased, James Snare, alias James Garawick, ‘or a number of years; in 1862deceased changed his name from Snare to Hardwick, and was married wader the latter name; in 1832, be, fore he came to this country, be was married in It Was C aimed on Yevali 0; the city that this | Semon.—I direct that this motion be | NEW YORK HERALD, TUESDAY. FEBRUARY 16, 1875.—TRIPLE SHEET. London to a Miss Wilson, by whom he had @ san, and wh left in destitute circumstances in Th 1855 the son, then a young man, came to this country, and at the instance of the de- ceased was known to the second fami nephew of the deceased. The son, Snare, tes! that he was to be Known as a nephew of his father in the second family, but that to outelde friends he was Known as the and the deceased recognized him as such. He also testified to his mother being still alive in London. The examination was adjourned. The estate lett by the testator is valued at $25,000, which he divides among the second family. COURT OF GENERAL SESSIONS. _ Betore Recorder Hackett, SENTENCES.” James Flynn, who on the 3d of this month stole alady's suit, two blankets anda large Roman Catholic Btole, the property being worth $43, pieaded guilty to the indictment. His Honor sent the prisoner to the State Prison for thrve years, Charles F. Stearns, who pleaded guilty last week to two indictments for forgery, was sentenced to the State Prison for eignt years. The Recorder said he regretted thata young mao of such Rd social connections and opportunities ior education and culture (his father being a pro. fessor in a college) should have been guilty of such a high ertme. He (the Recorder) had been asked to exercise clemency, but he could not con- sclentio do it. John Mi yy pleaded guilty to un attempt at burglary in the third degree, the indictment charging him with entering the premises o! Robert Sengen, No. 309 Kast Seventy-fourth street, on the 14th of January and stealing two coats wort3 $40. George Smith, who on the 2d of this month stole 4 package of goat skins valued at $100, the property of Lox and Fiagin, pleade! guilty to an attempt at grand larceny. These prisoners were ch sent to the State Prison for two years and xX months. Andrew White, who was charged with assaulting John Rad on the 1st of January with intent to steal $59, pleade gulity 'o assault and battery. The Recorder sentepced White to the Penitentiary for one year. TOMBS POLICE COURT. Before Judge Smith. A FRENCH GIRL'S FOLLY, Heloise Angele and Dumas Reintzes were ar raigned on a charge of larceny at this court yes- terday afternoon. Tne property stolen was as foliows:—One gold wateb, valued at $150; a lady's watch, valued at $100; a $25 bracelet; a $50 gold chain; @ set of coral, said to be wortn $150; a lady’s chain which cost $40, finger rings and other trinkets, aggregating in value tne sum of $500, together with $200 worth of clothing. The property was stolen from the honse of Mr. Augustus H. Phillips, at No. 41 West Twenty-nintu street, under tae following circumstances*—On Sunday aiternoon Mr, Phitlips le!t his nouse as above to to church, the premises being consigned to the charge of a Frencn nurse, Heloise Angele, whose duty it was to care for two small children, Mr. Philips returned home avout four o’clock ., and Was astonisbed to find the nurse absen The children were jound locked upio a room on the thitd floor, in which there was a blazing fire, At first it was thought the giri had taken advan- tage of the absence oi the master to make @ short call on some neighpor iricnd; but her continued absence dissipated the theory and alarm assumed the place of conjecture. On goiug to the bureau drawer Mr. Phillips missed the artic!es cnumerated above, and coupling their disappearance with that of Heloise, he went straight to Head. quarters, where he found Inspector Spaight and injormed him of the facts. Officers Tieman and Adams were detailed to look alter tne case, and late on Sunday they found Heloise and her male iriend, Keintzes, at No. 11 Vardam street. They were locked up at Headquarters ail night aud brought to Court yesterday morning, where Mr. Phillips swore to his loss and the guilty couple were locked up for trial. HANSON AGAIN. The readers of this column will remember that a few days since, under the caption “Paying & Fine,” an account was given of a good-natured chap who got jolly and came to Court to pay a fine for @ friend who had been locked up. Yester- day he appeared again, but im the character of a prisoner. He had taken a seat in a Third avenue car, and remained quite peaceable untit tne mer- cevary conductor, with his everlasting punch, came to collect the fare. The fine-payer refused to pay Dis fare, and resisted un effort of ejectment . by the conductor, ‘Ine aid of a ojue-coated irenarch was cailed in to tne end just stated. Judge smith fined him $10, but as he made too mach noise ‘he Judge would not allow twin to pay his foe, He was commitced uutil be tecame a little sober. AS proo! that the gratitude or the world is not yet opsoiete it may be stated that be- fore the Court adjourned the man whose fine ne paid last week appeared to asx tne Judge to let his friend out. JEFFERSON MARKET POLICE COURT. Before Just ce Otterbourg. “ON THE STOOL OF REPENTANCE.” John Curtis, a very stylishly dressed individual, ‘was brought inio Court yesterday morning by Om- cer Erskine, of tue Twenty-niuth precinct. He was accused of stealing a picture from the gallery of the Academy of Desiga, at Twenty-third street ana Fourth ayenue. Forsome time past a great deal of annoyance has been caused by the repeated thefts of pictures aud other articles from this building. About twelve o’clock yesterday OMicer Erskine, who was patrolling [weuty-third street, Ww a mao go into the Academy of Vesign, wiose tentions he had reason to suspect were not altogether houest. The officer watcued for his exit, | which occurred in apvut ball an hour aiter his en- | trance. He jollowed tne mano up Fourth ave- and, seeing something balky prot.rud- irom under the elegant overcoat, proceeded to arrest him. The man with the ele- @aut overcoat made @ desperate resistance, how- er, and struck the officer two severe biows in the sace, discolorlng bota his eyes. Oiicer Erskine, | atter a short struggle, overpowerea bis assailant d brought bim to the station house. In the pos- ssivn of the prisoner was found a water color painung entitied ‘On the Stooi of Repentance.” The painting was shown to Mr. Moses B. Porter- fled, the Superintendent of the Academy, who identified it as a picture wnich nad veen on exhi- bition @ short time before. The prisoner, Johu Curtis, was committea vy Judge Otterbourg in 1,000 bali to answer at the General sessions, the judge remarking at the time, ‘Well, Curtis, so | you wanted a stool of repentance; ‘weil, 1 will | supply you with one that will last you for some tume.”’ A FRUITLESS RAID. Sunday night last Captain McDonnell, of tne Eighth precinct, made a raid on a house kept by one Lawrence H. McCarthy, at No. 96 Bleecker street, and arrested some fifteen persons who were engaxed playing crivbage, euchre and other games ol cards. Thev were ail arraigned belore Judge Otteroourg yesterday moining. but were | aisenarged for want oi any positive evidence that there Was gambling going on at tue time of tae arrest. | ESSEX MARKET POLICE COURT. Beiore Judge Bixoy. ATTEMPTED BURGLARY. Yesterday morning Annie Dowling, a servant, in | the employment of Jonn Sunr, No, 273 East Broad- Way, shortiy after entering the kitchen, discov- ered a man concealed In oue of the closets. She Tan up stairs and gave the alarm to Mr. Sunr, who caught the man as he was pawsing out by ihe basement dvor. The prisoner, whose name is Pailip smith, was placed in the custody of Oftcer Coliins, of whe Seventh precimst. Aiter his arrest it was discovered that the shutters in the rear of | the aweiing had been vroken open. Juage Bixby he.d Smith in $1,000 bail to answer on a caarge of attempted burglary. COURT CALENDARS—THIS DAY. Supreme COURT—CuAMBERS—Heid by Judge Lawrence.—Nos, 2, 28. 35, 38, 30, 49, 58, 59, 126, 131, 159, 169, 175, 202, 218, 228, 229, SUPREME COURT—SPECIAL TaxmM—leid by Jadge Van Vorst.—Demurrer—No, 3, Issucs ol iaw and 08, 123, 150, 65, 64, 48, 60. 147 168, 168 (b), 74, 54, 102, 174, 175, 177, 178, 850, 17%, 180, oy, 15) F Van Hrunt.—Nos. 572, 1446, 462, 998, 672, 1030, 680, 184, 714, 1072, 1074, 1076, 1078, 1080, LOs3, .. 1088, 1090, 1092, 1094, 108, 1098, 110 by Judge Donohue.—Nos. 1 2113, 15983, 1825, 158845, 15004, 1889, 1068, 14445, 877, 1119, 879, 823, 7, 2119, 1005, 93, 100 BCIAL . 93, 1007, 1063, Texm—Held by Judge . Term—Part 1—Heid by 3, 1719, 849, 785, 190, 557, EB Part 2—Heid jo, 28, . 1006, 1008, 1042, Lu44, 1046, 050, 1052, 1054, 1056, 1060, 1062. COMMON PLEAS—EaviTy TERM.—Adjourned uptil Friday, Febraary 1 OMMON by Judge ( 1036, 1097, %, 1390, 1391. OS. 2110, 48 MARINE CouRT—TRIA Jordge N i, snea. Part 1—Held by 5, 1179, 1968, 275 Hy 1602, 104, 1 Joage Meadam 20%, 2674, 2022, co Hacketi.—The Peopie ve. Jonn Same vs. Jona Douverty, ropvery e McHenry and Jonn Lyncn. Gurgiary; Same Vs. Thomas Price, burglary; Same va, James Tuite god Jonn Mason, icionivus assault and patte | Same vs. Hagh Casey, le\onious assauit a | tery; Same ys. Michael Gorman, felonious B CouRT—CirociT—Part 2—Held by Judge | and battery; assault and bat : a nee me vs. Bartholomew Same vs. Laura vs, John Kelly, Whitkososky, ‘and larceny; Martin, grand larceny; Same vs. Thomas Nichol- a larceny Same % Herman rare larceny; Same va. Michael Doyle, grand oa va. Christop! Brown, grand me va. Isaac Howsnn, gene reeny ; Same vs. John Hendricks, grav: ay B sam vs. Alexander Bright, grand larceny; Seme ve. John W. Mathewill, conceaied weapons; Same vs. @ Willlam McKenson, peut Dy. OYER AND TERMINER—Hei¢ ov Barrett.— Conrt ovens at half-past ten A. M.—Tbe People vs. Joun O'Toole, homicide. COURT OF APPEALS. : ALBANY, N. Y., Feb. 15, 1876. No, 126, John Develin, respondent, vs, George D. Crary and another, appeliants,—Argued vy E. T. Wood, of counsel for appellants, and by Jesse Johnson for respondent. No, 1. Thomas Kearvine, plaintiff in error, va The People, &c., defendants in error.—arguea by R. E. Andrews, of counsel jor plainti® in error, and vy Coarieé L- Beale for The People, ac. r No, 07, Edward Holmes and anotner, appellants, vs, A.C. Hubbard and another, respondents.— Argued by E. C. Sprague, of counsel for appeliante, ap ty Sheri 5. Rogers for respo! No, 116, James Bridgford, respond L. Crocker, survivor, &c., appeliant.—A E. 0. Spregee, of counsel jor appell: George Wadsworth, for respondent. ‘ on Court adjourfed to Tuesday, for Tue , February 16 18 a8 follows :—Nos, lal, 182, 138) 110, 115, 130, 80. i CALENDAR. The day calendar of the Court of Ap; ANOTHER FREAK OF BERGH. —_—_—_——_ HE BERATES THE GRAND JURY AND CHARGES THAT THEY ABE IN SYMPATHY WITH DOG AND COCK FIGHTING—THE GRAND JURY AP- PEAL TO THE COURT—RECORDER HACKETT TO SUMMON BERGH TO ANSWER FOR CON- TEMPT, At the opening of the Court of General Sessions yestergay, Recorder Hackett presiding, the Grand Jury came into Court and handed in several presentments, the result of their delibera- tions. Amongst these was @ communication from thas body cailiog the attention of the Court to a | characteristic letier addressed to it by Mr. Henry Bergh, tn which that gentleman severely censures the Grand Jury for their action in a matter of in- quiry intoa charge preierred by Mr. Bergh against Parties found engaged in a dog fight in Rivington Street, in this city, onthe 10th of December last. The Grand Jury deemed it its auty to present the matter to the Court for such action as the unwar- | ranted interference of Mr. Bergh in this tastance demands and “In order to secure to future grand juries the respect which is their due.” Tne com- munication to the Court, Bergh’s letter and Re- corder Hackett’s action thereon will be found sub- joined, THE GRAND JURY’S PR New Yorx, Feb. 15, 1! Ris apoe Recorder Hacxerr, Presiding Judge ot Sen. eral — Dear > e accompanying communication was re- ceived from Mr. Henry Bergh, President ot the Ameri- | 2 Societ aed ‘revention of Cruelty to Animals, ebruary 10 ine We. the members of the Grand Jury, consider the sending of such letter on the part of Mr Bergh as totaliy uncalied for. and reflecting upon our integrity as Grand Jurors. It has certainly never occurred within the ex- | perience of any ut usto be cailed to account by a party | to# criminal proceeding for what we may have done | after calm deliberation and weighing of evidence. Thinking that some action in the matter on the part of the Court would be right and proper in order to secure | to future grand juries the respect which 1s their due we Jeave the matter’ in the hands of the Court, to be ucied upen or not e deemed proper. Reszectiull submitted, CHRISTIAN 8. DELAVAN, Foreman. Re New York, Feb. MR. BERGH’S L To C. §. Detavan. Esq., Foreman ot the G1 ay 1 fo 0 CS. . Esq.. of the Grand Jar, the City and County. at Present sitting:— > Sin—On the 10th of . ecember last were found anum- | ber of cisreputable men engaged in a dog fight ina back | basement at No. 12 Kivington street. ‘Two savage bull dogs had been fighting a moment before the arrival of the officers, and the respective owners of the animals | Were at the time handilug the aniinals, their lands at | the time being covered with plood and the dogs terribiy cul up by reason ot the contest. ihe proprietor of one | of the dogs and place where they were tought was pres: | ent, and the lease of the vile premises isin the lands ot the society. ‘This tellow and some of his comrades have | been procceded against before, but, asin the present | justance, they have escaped through means whicn I | | forbear to mention, On Monaay, the 8th inst, the | case came Up betore your jury. and, notwithsincing | these tacts were fully represented, as 1 believe the | notorious ruitian and keeper of one ot the mostdis- | orderly houses in this or any other city, was reneved of all responsibility, and, in his own language since ut- tered to one ot our ottice! vas honorably acquitied.” Tthink on reflection, vou will in a measure realize this discouragement I feel at fuding my earnest and unse! fish labors in the pubiic service diverted rom thelr lee | gitimate ends by this decision of the Grand Jury the j evitable consequence oi which will be to double the already onerous duties of this society and go tar to make dog and cock fighting, If not respectable and honorable, at least tolerabie in'this gt; i censure, for your associat tlously out erroneously. < é r however, same. A scandalous stain upon our civilization has been condoned and these execrable wretches poo aC ef | sympa! cir at tailing. HENKY BERGH. Recorder Hackett, after reading the oresent- ment and letter, ADDRESSED THE GRAND JURY as follows:—With reierence to your presentment about Mr. Bergb, the impropriety he bas been | guilty of, in addressing a communication to demands the attention of the Court. He wi d thereby to jain amount of can to justify bis conduct. No man ba send @ communication to any Grand Juror or re- ceive any intimation of @ criminal investigation passing und Such persons are guilty of contempt and disrespect to the Court, gpm Grand Jury were then discharged for the TM, © | BURNED TO DEATH. A FATAL TENEMENT HOUSE FIRE. Early yesterday morning a fire was discovered by a patrolman of the Eleventh precinct bursting out from the first floor of tue tour story brick tene- ment house No. 627 East Ninth street. He im- mediately signalied the alarm and sprung into tne house to rouse the sleeping inmates, Very soon the firemen brought their engines and ladders and | the police reserves came under Captain Kuillalea, | By their prompt and eMcient exertions all the lodgers were safely rescued irom che tnree lower floors. By means of ladders placea against the | front several of those who lived in the upper | story were also brought down, wrapped {in blankets and bed comforters, with ! put small injuries. Mr. Wells occupied | the top fioor with his family, and when the fame | and smoke made it impossibie tor the brave res- | cuers to enter the windows again it was dis- covered that Mrs.,Weils and her dangter Fila, | four yeara of age, had been left behind, It was | supposed that mother and chiid had been suffo- | cated while endeavoring to reach a place ol salety, | and this conjecture was confirmed subsequently by the finaing of the dead bodies lying on the | floor, Neariy two bours elapsed before the fire- men suddued the fames. Jonhu Ekier, who ocen- | pied the first floor as @ shoe store, lost avout $1,500, Wilttam Hebner, who lived on the second floor, jost ail nis furniture, valued at $1,000, Mr. Wiakie, of the third Moor, lost $800, and Mr. Welia, ot the top floor, about $706. The building, which 18 owned by Loew Brothers, was damaged to the | extent of $2,600. No cause for the fire could ve | ascortained. Coroner Echo Made! | called, empanelied a jury. | which, having viewed the two bodies, burial certifica'e wus granted and the ation postponed to o future day. inv A MYSTERIOUS AFFAIR. DYING IN A STREET CAR. About half-past twelve o'clock yesterday morn- ing two men, whose names and residences are unknown, hailed James Kenny, conauctor of car No, 32, of the Second avenue line, at Ninth street | apd requested tim to take a man whom they as- sisted into the car to Sixty-third street, at the same time saying that be had fallen ‘rom a cross- town car and injured himself, Kenny at first objected to taking the man in his car, belheving him to be intoxicated, but finally conciaded to do so, Arriving at Sixty-third street Conductor Kenny endeavored to rouse the man and have him leave the car, as had been requested, but he was ungole to move. OMicer McLoughlin, of the Nin teenth precinct ing calied aud Gnding the stran- ger Uncouscious carried hin to the station house, where he was attended by Surgeon Sateriee, who | found a deep punctured wound on the lett side of the head, was unabie to determine whether it had been caused by & pistol shot or from a fali on some rp projection, The patient never rallied, but giacually ti three o'clock A. M., when (Mh ensued, evidently irom compression of the brain, A vreat many persons calied on Captain Mount at the station house, out uone of them were avie to idencily the deceased, Who appeared to have been ® German, about twenty-five years of age. The remains were subsequent) sont tothe Morgue identification, Coroner Kiexhow has taken argeul the case, and will make a thorough to- vesugation. | order to determine the cause of death Dr, | Marsh will make @ careful autopsy om the body, be Bhd be notified to appear and make such excuses as ne | @ right to | T the consideration of that body, | pr. Saterlee prooed the wound, bat | THE CANCAN IN COURT. “the Manager of the Metropolitan Theatre In dicted—Charged with Keeping a Disorderly House. Nymphs of the Ballet on the Stand. THE CASE SUBMITTED TO THE JURY Important Charge by Recorder Hackett. ‘There wae not even standing room im the court room of the General Sessions yesterday morning when the case of the people against Martin Camp- bell, alleged te be ‘be proprietor of the Metropoll- | tan Theatre, was called, As will of recollected, the offence charged is seep ng a disorderiy house, And the «pecification the performance known as the oancan, a dance of Frenea origin, thought to be Bot strictly Im keeping @i'h the proprieties, And to hove ® demoralizing tendency upon the | youth and “oniidres of larger growth” of the city. A rumor Was prevalent before the opening of the | Court that the young ladies of (he institution were to #ppear in stage cos'ume and dance the cancan before Recorder Hackett and ine jury, so that that enlighteved body 0: our iellow cilzens might be able to judge from persoual observation of the character of the performance aed ‘bus tome toe correct decision whetber or Bo it came ander “the stacute ia such case made ond provided.” As | absurd as the ramor was it credence, and had tne effect of bringing together a large crowd of that clast ADown a6 “fast” adolescent youths an@ young fellows of forty-fve | with the world betore t Espectaliy pi nounced were they in the matter of pantalonns and offensive to # correct taste irom a redundancy of breastpin, the stones therein contained pot | always of “purest ray serene,” and contrasting poorly with the brilliant glitter divpiayed by cer- tain of the learned counsel, Thoagn so far from being Spiritualists that they were of the earra exceedingly earthy they resemoied them in excess of hair; but there the likeness ceased, since the carl was more elaborate and redolent of Macassar. | ‘That they seit @ personal interest in the case might be interred; for as wiinesses for the defence, “the young ladies” of the institevon— jointly indicted with the deiendant and discharged on their own recognizances—flied in, some twenty in number, their faces lignted up with recognition and friendly ces, and now and thea « whie pered word went round, “Tne Houris of the Baliew’—jor such they were—who ap- | peared the buiwark of thi jefence, looked somewhat dispirited and worn, and as though being dragged forth into reai light disagreed witn them, They came wrapped in waterproois and other garments of huge dimensions, concealing the theatrical costumes they wore, and {rom waich occasionally peered forth @ slippered fuot—not smail, perhaps, but more or jess celebrated in ine annals of Terpsichore. The evident presence of the costumes was like the sunset of life, causing coming events to cast toeir shadows before and inciting A BUZZ OF EXPECTATION, As the line and form of the delence ceveloped iteelf, however, a feeling of disappointment bee came apparent. The young ladies were called to the stand one after anotner, and t much promptness end zeal, that there bad in the cancan, as performed on ¢ ofthe 9th—ihe time mentioned in t ment—and the motions of the dancers, whether 10 the quadrilies or solos, though they might bs funny, Were not tiwmproper. An objection of the District Attorney threatened to call forth a reci- tation of the song, “Walk Of Oo Your Ear,” causing the excite; of ex; o in the audience; but he withdrew it in time and @ description of that remarkable pedestrian performance was lost to the Court and jury. The witness known to the fairy world “Frailty” became quite indignant under tne of cross-examination and exclaimed, “You du: | Sentiment o: our commun! bacent G think 1 would sing a vulgar song betore the pudlis, do yout” To which the prosecuting officer un- gwlantiy made no respo'se. Miss Neitie Young appeared on the stand 10 fuil Daliroom costume, such as shg wore in the periormance, auc it was | | evident to the most critical Observer that her make-up was entirely proper. Throughout the | examination the stafidaid oi p:opriety seemed ao- | mittedly to be the costumes in tue *“Hiack Croox,” | Tepresentations of which were placed iu evidence, and all the young ladies swore “the coatumes they | wppeared in Were bot Deur s0 objectionabie as | they were.” With the examination of one or two | male performers and a spectator or two, who | swore to the entire innocence oO: the performance, the case closed, a detatied report o1 which ts given below. ‘THE PROCEEDINGS. The trial of Martin Campbell, Manager of the Metropolitan Theatre, was resumed yesterday, in wwe General Sessions, before Recorder Hackett, The first witness cailed was Amelia Deane, whose testimony in reply to Mr, Howe's questions showed the entertaioment to ve a most moral one; Duten the severe cross-eXaminativn of Mr. Nolan it assumed quite a different aspect. ‘The next witness was Ada Freeman, who testi- fled that on the night when the theatre was “pulied’”’ she was Plavio, the part of “Nan, the | Good for Nothing;’’ that Nan was supposed to be a | lvtie girl of about twelve years of age; and, fur- ther, that there was nothing tmmoral or indeceut in the character itself or in the mannerin which Several other girls testified to the ol the periormauce known as the can- of them agreeing that it was “purity ” and that tne police oficers who had tes- ives. can, purified, tified differentiy had perjured them: Annie Young testified that she had been eight | years on tne stage and was still souog, and had | 1 Innocence, aad tna: the cancan | Was proper \d nice, A dramatic wriver. who gave | M. Findeli, of No. 728 bigoih avenue, was sum- | | Moued to corroborate her testimouy. He did so, | and also paid a glowing tribute to the skill of dancer. It did not transpire what plays he ever written to entitle him to his own denig: a8 a dramatic auchor. | Several otver witnesses were sworn, all their | testimony going to show tnat the cancan cvuld | not be as bad us what ts known as the “Black Crook,” which was Jar more immo: nd it (the | | “Black Crook”) had been periorm in ail toe | | leading theatres of the country and had ne | been interiered with. The defence then reste Counsel then summed up, aiier whicn Recorder Hackett charged the jury. THE CHARGE. Recorier Hackett said :— The questions invoived in this case are simpic, | free Irom any comipiications, and can be readuy appreciated vy you, instructed by the ruies o1 law ton | | which Ishali lay down for your guidance. ‘the prisoner at the bar hus beea iicted for and stands charged with the commission o: @& misde- meanor in keeping wud maintaining a disorderly | house at a pla led and kuown as the Metro. | politan Theatre, ia the city of New York, on the , 9th day 0: January last, and on divers days pending between that dute and the day of finding the iudictmeut—namely, on the lute of February j inst. ‘Tue acts claimed by the prosecution to nave | been committed oy the defeudaut, aud upon | which the indictment is grounded, are not | embraced in any statutory definition; but such acts were and are @ hulsauce at common law, and every public show and exiivition wich outrages | decency, shocks humanity, or 1s contrary to good | morals, 18 punishabie at common law. The term | “disorderly house,” fo: keeping which the prisoner | is indicted, is sometimes used in a very broud sense, a8 Including bawdy houses, common gawing | houses und piaces of @ like character whica people promiscuously resort tur purposes injuri- ous to pablic morals, The erection ot @ mounte- bank stuge hus veen held to be indictabie, and the | doctrine fas been more broadly \aid down that so is “every show and exnibition which outrages de- cency, shocks bumanity, or is contrary tu good | mor ” gnd toe keeping of a common gaimag | house, or of @ disorderly ale house or tun, or, in- deed, any other disorderly house, 1s & common | law offence, on account, among Other reasons, of | | the evil influence of such places upon public morals. The counsel jor defence gave touch consid. eration fo a comparison of tne exhibition of his client with other exh bitions of ballet heretofore bad in tos city. But tue iaiiacy Gi mose of his i justratious lies in not suiicientiy dwelling upon the Intention of such exhibitions, ‘To the pure all chings are pure. To tue unpure al\ things are apt to take an impure hue of thought, act and erpres- sion. Then, again, things said or done become delicate or Indelicate according to surroungiog circutmstances of place or person, A man reading Rabelais or the earier fusions of oun Wilkes in his iorary occupies a different position than if be advertised 10 give readings from these Works at Stemway dall for gain, An exposure in @ vath- room repeated in tue open Central Park would Bubject the exposer to arrest and conviction. Orderly and not prurient persons may have tound harmless amusement in ylewing the poetry of mouon of kis Taghonl, &., whe prurient audiences mignt 80 ¢ uduct them- Seives over (the Sdme pellet, when a vi gar imitator was pifouetting before the What boch the dancing, by 11s gesture and motion, his name as Jobn | a and by the romarks, leers and gestures of audit. ors, tm end $0 shock the puoiio morals and wisance. The test in the common law inal jurisprudence, and which [ charge you fa Within your province to consider upon ail the tacts, 18, did this exhibition outrage decency and corrupt public morals, and become reby a own t, imi ive @ public exhibition which he thought would attract the prurient and the disorderly, and outrage decency and shock bite morals? I shail not go over the evidence. ou take it under this view of the jaw, and deckde and give the prisoner the beneat of any resso: je donbdt arising upon your consideration of the evidence, Is there testimony here showing indecent public gesture on the part o! the per- formers, and suMctent in your estimation to shock pub'lc uecency and encourage disorder? Is v t indecency ? of presence and supe intendency Was the performance a dis- tt a nuisance? | can illustrate ince to what a learned the jury:—"it 1s tor 8 been an tnrenttonal, re of person: xposa! 8 for the priv the priso! vate gain = oe emer? in such a manner as to Tm 9 OF A DISORDERLY MOUSE IS 4 COM: MON LAW OFFENCE, on secount, among other reasons, of the evil infla- ence of such places upon the public morals. It is laid down in Bisnop’s Criminai Law, “Toat whaj- ever may be the precise extent to whic the com- mon law protects religion tnere is no question but tat this common Jaw practically and publiciy la, abd the common y act which it deems tending to impair the 80 early as Blackstone (see sp act of gross lewd. 0." tted to sour consideration aud ht with vital interest voives a serious question and res: 0 dd decency, the an- to which devolves uoon your body. At this the London press, London managers and together with the lice! Lonaon plargoors, of the Queen's Louschold, are all en, in “atneusaing., “ repre ‘ art ng periorin: nding, repressing ant reguiati ences 0! kind similar the one on trial I wake tnis reler- oe to show that such & ution as this is of 8] or any resui nacdoubtediy due to a Pry iy L me, both abroad and at dness which has invoked the action you shall return may be re; ad Jury and ushered into existence the er which the present trial is had. The jury rett jali-past three o'clock to deliberate upon their verdict, and returoed in a few ments for further instruction as to what co house. His Honor sn- swerea frogatory, and tne jury repaired to their room, They had not Saree, ata tate hour aod the Recorder locked them up rumored that there were OUR CENTENARY. PROGRESS OF TRE FINANCIAL ORGANIZATION-— AN INTERESTING FEATURE OF NEVADA's EX- RIBITION—ENCOURAGING NEWS FROM OTHER STATES—A SUBSCRIPTION OF FIVE THOUSAND DOLLARS YESTERDAY. Montecucull is said to have declarea that three things were necessary to carry on war success- fuliy—firet, money; second, money; third, money, It this be true—end who would say that it is t !—the Centennial enterprise resembies some- what a campaign, the victorious issue of which depends mainly upon the three necessaries men- tioned above, The European shopkeeper, who looks upon every American walking gold mine, and to whom the very word “America” has prob- ably a precious golden ring, would undountedly suppose that no country could afford to spend more money in its international exnibition and the commemoration of its birth than could the land of the wealthy Yankee; end ye: there ‘has never been @ world’s fir the money for which was forthcoming so siowly as it is im the present case, Our rich nabobs will probably scout the ides of a compari- son of poor end bankrupt Austria with the Fich United States, ana yet Ausiris readily ‘tur- nisned the junds required to produce tne most world has ever tisfied with tne prominent monument that had been raised to Austria's progress and culture. THE BILL BEFORE CONGRESS. The bill now beiore Congres, appropriatin: $500,000 for the purpose of enabling the Smitn- sovian Institution and the various departments of the uational gover: t to secure an adequate | representation at the Exhibition, appears to be generally favored by the pubic men of New York. ‘The writer, who conversed witn several promi- it gentiemen on the subject, heard but the unanimous expression of a general desire to see the bili passed. Ex-Governor Bigier, tne Snanciay agent of the Centennial Commission, put the mat- ter ina very strong light when interrogated in regard to this bill. “Everybody,” he said, “who hopes that this Centennial celebration may not ve @ failure, refecting discredit upon the govern- ment end the nation, sincerely wishes that this bill may be passed. Why, usless this appro- ted the American government 4 ite own celebration, If the bili snouid be defeated the United states will be in tritade host mnvites all the [ ail portions of (be earto Jeust, cuses humselt 1.01 teoding oa pleat has no ciothes in. If this shouid be the case the United government Will be the only one on this ot represen ib the exnivitior NEW YORK'S QUOTA. Asfar as this State is concerned, some of the Most honored citizens of New Yors are in favor of a0 appropriation velng passed uy the commensurate with the importance o! involved, “Little New Jersey, Wo financier yesverda: having Jersey, all the other States would once ‘and tne financial us dertaking *ould ve piaced beyond radve ture.” Unfortunarely, to pay muca atiention to the Cent ttle donot, however, that Govern represe 1876. Other States nave already Commissioners, and New York, Will Lot be too lar behind them Solicitude for the success of our Ce THE FINANCIAL ORGANIZATION, The work of the Phiisdelpor nred stuntiar 18: citizens OF Lartiord, som published by the most e citizens of > York—Edwara Cooper, Wiliam Cullen Bryant and others—aud whieh was ety lenge tee is Co Le organ. peool seo their duty toward this national work. bx-Governor byner ed terday aiso & letter [rom & CO) FoRpou- Vill vad been intr re approprint NOUDL Or Lhe PUrHORE OF KECUT duced in the N considerable to that State arte practical lustration of the Lure silver trom stock lode at Virgin quarts witl Will Mmterest every one Jeit a desire Of Visiiog the great nul Of America, and Wii aisu oe wy SIUdEDIS OF MineraioRS, A cial agent of the Centen Francisco was received, Caornia Were exoumung aluing the enterprise be experienced iu raising ‘This was cheering ge ws, ated. uly apprecr- the quo" aaa was @ Chis city desired Inlormation With regard to the space able for their provucts, The old gen tem. ail tue informatio " He HLH DIL OF On tally deserves to oF one Would-be exuivitor there Was aby charg charge tur space w added With & wily sum every patriotic citize should Imaniiest His titerest in the thon Oo: Lhe first century of the WH Scribiig tu the stock.” ‘Tne appl listened attealively while th v Ob lo Bays") Dave alwa anvinced people now pleasaut @ thing it would Oe Jor thet especialy li they are good Americans and the free institutions uncer when to attend the great exitit and, casting a lovk of wonuer a the grand palace: cupying tort be able 10 say, ‘Wel, this is a gtorlo ment and 1 HAVR 80m I bave an ownership % 10 Meve- a act as ac % SHARK IN IT. in these graud bulidiogs, willingly borne by | filled with the products of the entire 1 iverse,! for all the buildings will be ow by the stock olders,” ‘This pleasant argu:nen’, Which Was a& plausible as it was strictly tiuthiul, hed the de sired effect. The gentieman said ne would submit the matter to the frm which he sepresented—« very wealthy one—and had no douve that (hey Would sudsoribe to the stock. He leit bis card romising to communi with ex-Goveruod Hater in @ few days in connection with the suo Jeo Tne local subscriptions jouvin'é are encouraging, con 14- when cve ering these hard tim ven \ tons y below ther value, y knows, must indeed be “hard up? r fashtouable ladies are slow to purchase beautilul dresses, Yesterd -Gover- ler reported a subscription by a New ene which not at all bad jor one orl nor Yorker day's w BOARD OF APPORTIONMENT. A LIVELY MEETING YESTERDAY—THE KINGS BRIDGE ROAD AND OTHER IMPROVEMENTS— DAMAGES AWABDED BY THE SUPREME COURT GIVE BISE TO A LONG TALE—THE COMPTROL- LEB'S ‘INDIVIDUAL OPINION” AND ITS VALUE. The rd of Apportionment met yesterday aiternooh, Mayor Wickbam in the chair. The sub ject matter of the Comptroller’s communication to the Mayor, submitted at the last meeting of the Board, in relation to the following public ime provements, having damages awarded in each case, to Witi— 1. The onanine, of Tenth avenue, above 155th eet, amag sessvves $92,626 00 @ The avi ‘out of anew street yan parallel to 165th street. in an easterly dl- rection trom the Sinasbridge road, across Tenth ue to the Boulevard, ne: 64,568 91 gout, wiseni ing of stridge road, between eth street aud the Harlem Kiver, damages..,, 1,276,097 14 was called up after a letter irom Mr. Green wa read, in whicn the wants, pecuniary and othe: wise, of the New Court House Commissioners were detailed, and which letter was laid over for the consideration of the Mayor, who claime? that the appointment of the Court House Commissioners was illegal The CoMPTROLLER said that he had prepared two resolutions in relation to the public improve- ments referred to in his communication of the 10th inst, These resolutions, he remarked, bad been prepared in answer to the resolution of the President of the Department of Taxes and Axsess- ments offered at the last meeting. The resolu tions presented (which he read) were prefacea witn @ dozen whereases, in which the laws authorizing the Comptroller to issue bonds, &c., were mentioned with great particularity, and were in effect to authorize the Compiroller to issue bonds to the amount of $66,896 31, to be known as City Improvement Stock, payaole in twenty years, at arate of interest not exceeding seven per cent, and $1,276,907 14 as “Assessment “Fund Stock,” payable in forty years, NOT INFORMATION ASKED FOR, The Mayor, when the resolutions were pre- sented, remarked:—I do not see that in these renolutions tue information asked for by the resolution adopted at the last meeting of the Board has been furnished, ‘THe COMPTROLLER—Part of it has and part of it bas not been turnished. Aresolation was adopted by the Boara of Aldermen some weeks ago asking Jor certain information which will require twenty- five clerks one month to get at. Another resolu. tion was passed by this Board which will require much work and time to answer. ‘Tne MaYor—But these awards were made by the Supreme Court. ‘ne COMPTROLLER—Oh ! yes. That is not dis puted. | believe we ought to pay promptly every: thing the city owes and—— ‘yne Mayor—Uhat 1s tue policy now. The COMPTROLLER—Yes; that is the policy. and @ good policy 118, you say; butIsay that speeq has got to submit to honesty, order and justice 10 the payment of claims. I know that resoiutiont king to this end are not sufficiently favored here to be al adopted. A LITTLE LIGHT. The Maror—Hold on, sir, At the last meeting of the Board a communication was submitted from Comptroiier iu which certain damages farded by the Supreme Court were deciared cessive. That statement, sir, was appar- tly based on facts. Now | claim that the lellow embers of this Board of the Compcrolier nave ood ground tur asking tat they should 6e iur- ved with the same jignt he seem3 to have ex. usiveiy enjoyed, which showed him that these wards were “excessive.” Until that iniormation is ot tained, sir, J, for one, will hesitate about vot ing for the issue O| the vonds, Fn CoMPTROLLER—The Mayor ts correct in desir: yong the information. [| said in my communication Of the 10:n inst, tuat the damages awarded were words were, ‘he damages, I xcessive.”” ‘That was and is my own | opinion, and that opinion certainly does not re- quire or direct any otver memyer Of this Board to adopt it, Jne basis ol my opinion was in some de- gree my observation of the rates at which proo- erty is held up town. I tell you, sir, that tue result de sometimes in ttese matters whether @ party in interest 18 an uptown lot speculator ov 4s not. AN INDIVIDUAL OPINION. The Maron—Weil, then, as | understand the matter the opinion expressed tn the Comptroller's letter was simply bis OwD eXpression—it may been right or wrong? COMPTRUOLLER—I am subject to all the frail. » Lam liable to err, for | Lam nov inialiidie, 1 wall gay that the tesue of bonds tucreases the city debi very largely. Mayorn—The Comptroller puts himself right cord by his levt nd we, WiO vote ior the issue of the bond: hich he declares 1s wrong, are to be weld in fault hereaiter, 1am as anx.ous as any Member of this Board that the city debt shoula Dot be increased. My opposition to the issue of bonds wien Iam im the dark 13 prompted by a deaire to doright. ‘There are two members of tnts Board wio have been only six weeks in offve, and wh» have not tne seme Jacii- ities for learaing 60 much about these matters as the Comptrotier. The Comptroller is simply steal. ing my under. A QUESTION OF THUNDER. The CoMPTROLLER—I don’t object to anybody's to be right, and aby One can have ali the der he wants, 1 will weicome the support o} apy memper of this Board of resolutions toat are ‘ot. i Mayor (sternly)—This Board is supposed te act witn an eye only to the pubitc interest ‘Tbe COMPTROLLER—My opinion expressed tn my communication tive to the awards was my own. The docu ts relating to those “pubile improvements” are open to the inspection of any citizen, and Ido not see why 1 should be callec ain What every other member of the Board c Mr. Lewis—On! charge that the awards were meant something. by his remarks I see it doce 1 will therefore vote tor the issue of the LLER—The idea ts then, that be on expressed Was the individual 2 - 38 2 hing)—That’s the way’ it me. Mr. Lewi1s—Well, the Comptroller has aavanced the idea himseli; I'm not responsibe for what he twinks, THE RESOLUTIONS. The Mayon—Weii, bere are the resolutions ol- ferea by the Comptroller. The PTROLLER—I did not offer them, sir. | Was iostructed by a resolution at the last meeting ©) the Board to prepare the form oi the resolu ons. Ihave done so, Idon’t offer them, Mr. Lewis—Toea { offer them. ‘The resolutions were then passed authorizing the tseue of city upprovement bougs aud the as. SenemED! bOods, the ODE AMOULLINE to $64,896 31, pasabie in tweal years, assessment fund stock bon ountiog 10 $ ‘6.07 1, OR |OLlOD OF the COMPTROLLEK the issne of as. sessment bonds to the amount of $60,000 and bends lo Meet judgments jor $10,000 Was author. lees. ‘The COMPTROLLER remarked, when offering the resolution, that they Went to increase the city deot. Tee Mayor replied that if the amount of the Dis brought agaimet the city were paid woen presented the deb. would be less, as the heavy Conts of tigation Would be avoided. The Board adjourned sutyect to the call of the chair. MUNICIPAL NOTES. All sorts of Wild rumors Were afoat in the City Hall yesterday a to the removals of heads of de- partments, It ts believes that before the end of the Week there Will be & ively Commotion in poli. Weel circles, #ithoegs the Mayor affects to know Betuog sboUL WAL Is Zany 10 be doue, Toe statement o (ne Lfamverian Was made as fotio yesterday — Balance, ary 4, i. Peceipis, $456,508 payments, baianoe, February 13, $075,142 07, callers on the Savor yesieru r) and toree couples wno Were mai. Of tr. Green as Comptrotl A CARD. To Tax Horror or THe Henan :— Pray Go ws the justice, i answer to Mr. Mag Maretzek's card, published to-cay, to insert om Mir. Mureraen" Withdrawal will wa ciees upon the | gems. Yor the commitice, . °'°% ‘he arrange ¢. KAUFMAN DEU Naw Yous, Feb. 15, 1835. —