The New York Herald Newspaper, March 23, 1875, Page 5

THE TRANSIT OF VENUS. Work of the American As- tronomers in Japan. A JEALOUS CLOUD. The Second Contact and Photo- graphs Secured. Close following the full and interesting oficial re- Ports of Proiessors Watson and Peters, published in yesterday's HEXALD, comes the equally insiructive one transmitted (rom Nagasaki, Japan, by Pro- feasor G. W. Davidson, to the Transit Commission at Washington. The labors of the cpief astronomer @t Japan have already been epitomized in special cable despatches semt to the HERALD on the morn- ing alter the occurrence of the celestial pnenom- enon, Appended will be iound the more complete and detalied record of the work done by the Japan expedition. BEPORT OF PROFESSOR GEORGE DAVIDSON, UNITED Staves TRANSIT OF VENUS STATION, NaGavakl, Japan, Dec. 19, 1874, Rear Admiral C. H. Davis, President Transit of panne Commission, Naval Observatory, Wash- eton :— DEAR Sin—The report of the operations of the party will be as brief as possible. The organiza- tion effected by the commission was as toliow: Prof, George Davidson, United States Coast Sur- ba Chief Astronomer, in charge of the party, r. O. H. Littman, United States Coast Survey, Aseistant Asirenomer, Mr, W. S, Edwards, United States Coast Survey, Second Assistant Astronomer, Mr. R. Seibert, United States Treasury De- parvnent, Clie Photograpner. . H. BE. Lodge, Kirst Assistant Photographer, Mr. F. H, Williams, Second Assistant Puoto- grapher. Finding that 1 was short-handed in the photo- graphic department, | employed at Nagasaki Mr. Uyeno as third aesistant photograher. In re- cording, copying and duplicating, I was irequently couipelled to use the services of Master George F. Davidson, and semetimes those of my wife. We left San Francisco August 29, five weeks alter the other Northern parties; arrived at Yokohama September 23, and the instruments in charge of Mr. Edwards leit for Nagasaki next day. Having obtained the necessary autkority from the gov- ernmeat to make the necessary examinations and locate my station in any part of the Empire, to receive and ship the instruments free of duty, ana to have the use of the gov- ernment telegraph lines for any long!- tudes required, [I left Yokohama, and reached Nagasaki October 6. To tne Japanere government | had offerea to allow some of their young officers or students to accompany my party to witness the operations and learn the methods and means employed in such work, and they ap- Pointed the following gentlemen to accompany and assist me:—Lieutenant K. Oromo and Mia~ ehipman K. Isomo, Imperial Japanese Navy, and Mr. T. Magome, of tue Mom»usho, as interpreter and negotiator, It was also arranged that Professor David Mur- Fay, Chief Counctlior of the Educational Depart- tment of Japan, and Mr. Y. Hatakeyama, Director of the Imperial College, should join me about De- cember 1. Subsequently Captain N. Y. Yanagi, Chief of the Bureau of Hydrography, ana esteemed one of the most learned men in Japan, joined the Party in November. Upon the return of Mr. Isomo to Tokel, his place was suppliea py Midshipman J. Kaneki. Messrs. Murray, Yanagi and Hatakey- ama and Magome were required by the govern- ment to make special reports of tae operations of the party. MANOEUVRING FOR A POSITION. At Nogasaki the cavie connects with Vladivos- tok and the southern ports of China, and, al- vhough I jelt certain of better weather elsewhere im Japan within reach of tue telegraph line and more favorable atinoapherical conditions for op- serving at great altitudes, yet tue shortness of the time for preparation compelled me to select this station, The previous three months had been marked by unceasiug rains, but on the Sth ot Oc- tover the bud Weather broke and changed for the better. After an exam nation of the billy country immediately surrounding the vay upon which Na- gasaki is si.uaced, I chose @ steep, bare hill, abous one wile souin of the soutuern part of the city, and optained permission irom Miyagawa-Kensel, of Nagasaki district, to open a road to ine top ef it, The chart ot Nagasaki Bay will give an idea of its general jocation, while the records contain a sketch Oo; the immediate topography of the sum- mit, So soou as tals road was completed, the ground on the narrow ridged crest of the bill was prepared for the pliers and the houses and instru- ments carried up. Piers lor-the transit und equa- torial mstraments were bulit, and the iron piers for the phovograp hic apparatus placed in positio: The utmost caro and precaution were exeret: in these preliminaries. However, betore tis work was cowpieted Professor {i telegraphed me that ie would be ready tor work October 15, aud as le had written me urging tue completion of the telegraph longitudes between our stations | belore December 9 lest be should remain there frozen In until spring ti it were delayed, [ deter- mined to give up my time to that longitnde work. For several reasons I seiecied @ trapait station in the grouuds occupied by the telegraph company, I Was informed that nO arrangement had been Made with the company for this special work, and RO plan Oo! Operations had veen agreed upon, THE TELEGRAPHIC LONGIIUDE SYSTEM, Upon representing the case to Mr. To. Rus- seli, the manager of the great Northern Telegraph Company, he promised me the free use oO: the ie jor the work, ana placed me in cominunica- tion with Mr. Carl Neliseo, the electrician of the company. [urged upon bim the advantage of our sending Clock signals directly through tue cabie, and upon examining Our connections and meth- ods of work he reported favorably, and Iwas en- abied, by means oi the imsulaied nature of the clock helices, to break circuit directly on the main line, Bub as the clock signals were too suort jor transmission the armature was oela back at cer- tain definite breaks in each minute. Of course there were Many |ittie incidentai diMcultics in the way, but alter ten days’ work three nights Were obtained wherein severai hundred clo signals were sent to and received from each 8 on. Mr. Russell, on behalf of the companies, gave us the iine lor one or two hours eacn night, aud Mr. Neilsen, When not on reguiar duty, gave his tine Wholly to our assistance. To the other gentlemen of the company we are also indeoted for tucir NEW YORK HERALD, TUESDAY, can be obtained about esch second; proper mechanical appliances it couid be made to kive two per second. Ail things being considered, atter our experience | should preier wie pall Plate exposures, ‘Vo the skill and workmanship of Messrs, Seivert and Willa { am _incepted for the execution of the ‘oregoing work, aud Mmueh more that aimost daily arose in the prepa- ration of the photographic arrangements, and to all for their wiilinguess, aptitude anu steady atten- uon to duty, To make Lhe photegrapnic branch of the transit labors a success I directed Mr. Seibert to spare no means for its sccomplshmen’, e tuer iD the biring of extra assistants or tae purchase of materia. Upon the arrival o; Dr. Murray ve cheer- fully assumed the duty of recorder in che puoto- graphic room, besiges assisting tb any otper Man- her required, TUB APPLIANCES ALL MADE READY, erytulng Was iu good working order before December, and Lieit rist, so far as the meaus at our Gisposal Was concerded, noting had beea overivoked, Tue printed instructions had been carried out as s)stematicaliy as practicavie. Tie only deviation | made was in uot taking dowe tee heliostat every night of transit Work, aad direct- ing the middle trausit thread on the middie thread of the reticulated piate before anu aiter transits, ‘The very act of removing and replacing such # heavy and unwilling mass as the heilostat was, 1D my judgment, risking not vhe safety of the reflector, out Dearly sure to jar the iron pier, if anything would, But the transit was always relerred to the meridian mark beiore to bation of the photographic plate adjustment every morning and evening was relerred to the | mark, s0 that We must know Its distance irom ihe | Meridian very ciosely. Notwitustandiog our being untlorimity and smooch results in the character ot the instruments, Siant trouble, and I was compelied to clear it several times and also that o/ tue clock movement. ‘Nhe chronograph ran irregularly in spite of atien- tion and care, and was & source o/ constant an- noyauce With its frightful noi-e, On the 9th the ecnrouograpa and the heliostat were running fairly well, ‘I'he spring governor of the equatoriai broke, and there being no instrumen maker here, and a3 no springs nad been furnished With it, [ took the instrument apart and replaced wie broken spring. After runaing ove day or so T had to take the clockwork, &c., apart and clean | agam. Then the second spring broke, and again Lrepiaced it with part of @ watca spring. Atter more trouble with the spring and another clean- jug I gotit ravuning well about two weeks beiere the transit. The value of the screw of THE DOUGLE IMAGE MICROMETER I determined upon two nights by transite of Po- laris, and Mr. Tittman determined iv upon one nigot, And here Il may mention that there were several nights when the equatorial wiih tunis double tmage micrometer would not show the companion of Polaris, and at all Gunes the star itself Was irregular and detormed. Whenever the sun was visible 1 examined it to Judge of the general character of the limb, and Of the spots and steadiness, and for the exnibi- Wk 1 Comparison with iy obser- it im the Sierra Nevada in the ‘The conclusions which I arrtved vations summer of 1572. at jroim those experiments Raye been fully veriflea of and confirined, At ‘nis station [ have fatled to Tecoguize any facul. A lew days before the 9th, the Weather was ‘thickening; the nights were in part clear, but the days cloudy, heavy and threaten- ing. On the 8th, [ obtaimed good transits lor ime, and repeated them at jour A. M. of taa 9th, Sud- denly thereafter the clear, bright, starlight morn- ing @ky was wholiy covered with clouds that grew thicker until sunrise. THE TRANSIT AT HAND. About eight A.M. all the adjustments of the Photographic apparatas were exawined; the dis- tance between the ends of the measuring rods apd the reticulated plate measured, and soon aiter through 8 breakin the clouds the reversed photographs were successfully made. Then the weather Changed: two strata of clouds were seen te have formed—an upper stratum ofcirras and cirre-stratus, iorming & erably coherent screen, while below $ and resting on the mountain, three or four miles south of us (and 1,950 feet elevation), was a dense stratum of cumulo-stratus coming up siowly from the southwest with a steady movement, At half-past mine A. M. this lower stratum be- came so dense that our hopes were gone, but about ten minutes after ten o'clock a break oc- curred in it and the sun was visible through the upper stratum with variable distinctness, At in- tervals it was too bright to observe with the una: sisted eye at the equatorial, and the shades of glass were too few. ihad another set furnished by the C Survey, bat on prejiminnary exata!- nation of the sun shree had been broken by the sun’s heat, J used the lightest shade turuished With the imstroment (not the thin ones), and when I comiaenced watching steadily, avout two minutes before the predicted time, so as to in- ciude the time of the English prediction and alse to Search if Vengs was Visible off the sun’s itmb, the auine of thé sum was moderately steady, yet Hot sharply cut aud dedned, and would have iiked agreatueal more tignt. As I kept up the beat of tue chrenometer | leit sure that the predicied time had long passed. when the clouds rather suddeniy thickened aad tue faintest Outiie only of the sun was visible, JUST TOO LATE FOR THE FIRST CONTACT. Yet 1 could not risk unscrewing the colored glass, aud beiore [could have done go the sun's limb orightened aad the imb of Venus was secn Just entered upon the sun at the exact spot at which | bad been steadily iooking for over three minutes, From my practice on the artificial Venus {judge the planet was ten seconds on at the time TRoted. Avoul eeven or eigut seconds thereafter and wuen dir, Davidson lad made the record [ calied out “Comme ** to the puo‘ographers. ‘The Suu’s limb Was quite Steady just before the first contact, and at the brightest tatervals I could not see any approach of Venus nor any diferent indi- cations at the expected (real) point of coutact than atadjacent paris of the immb at whica occasionally glauced. THE FPocH Which I noted aster the first contact was one min- ute tuirty-six seconds later than ihe American prediction. Mc. Tiitman was observing with the Coast Survey Hassler tquatorial of three inches aperture, aad when | calied out to the photog- Taphers to commence exposures he noticed that Venus Was already well upon the sun’s limb at the exact spot at which he was looking, Capiaia Yavag,, With the United States Coast survey Resous telescope, No, 35, of one inch and ® hulf aperture, took his eye from the instru. ment as u be had not seen the planet. 1 now pre- pared to obtain measures of the distance of the Planet Oa the saa, asl had practised; out, tuough visibie, it Was too faint to admit Observations oi precision. Ltried here, as peiore first contact, to observe with the unassisted eye, but sudden open- ings 10 the clouds rendered it too full of risk to my eyesight, When the planet was about hali way on the sun’s limb the images brightened, and] mad FOURTEEN MICROMETER READINGS of the cusp brigutness, The cusps were Dot as origat asi couid desire; w Jighter shade of dark glass would With Varying couditions of the run's have enabled me to get more certain measures, | When near second contact | turned the microm- eter Lo zero lor the observation, Tuis contact L got as well as such an observation can be made, aud although 1 do not think Jt was noied exactly, yet Lieel satisfied that it bas not an error oi two seconds, it was noted about two minutes aitor the predicted time, ‘There was no black drop or band or true iigament, only ®& slght disturbance of the limbs tnat prevented instantaneous and sharp sepaia- tion as 1 bad observed in the (otal solar eclipse of 1809, in Alaska, Bat this disturoance was exactly simuar to what { have been accustomed to meet with iu twenty-nine years’ experience on the Coast Survey work at all moderate elevations, It was similar €o the disturbance which J noticed in the artificial Venus in Washipgtom aad Nagasaki. THE SECOND CONTACT OBTAINED. Mr. Tittina: ports that he got the second willing assistance in our operations, The work of tue telegraph longitude station was done with the United Siacts Coast Survey meridian instrument No, 2; fleid chronograpa 4,548, and relays used in the San Francisco Cambridcé work. — Withoyt these I could not have done the work until alte? the transit of Veaus. Tuis telegraph work wus | completed on the jth ef November, and on the Sth | ( trans‘erred ail Our fife anu labors to the transit Of Vervas station. VREEARATORY SURVEYS AND EXPERIMENTS. And [may here stare that | selected a base tine , And made the necessary measures for counccting | by wiangulation tue telegraph longitude station With (he (ramsit of Venus station, Up to November 14 ‘he observations for occultations were made, but there Was @ blank in the ilst trom that daie to Decemper 2. 1 soon found, however, that tho labors Oo; the day, and the reguiar work of preparas tion, practice ald observing Was as MUCL as Coud be cone. In order that I might be familiar with the phase: of Venus I bad tarze painted boards placed on | Meridian Hill, three miles north of the transit Station, These pases were to represent the cuspsp Venus when ten seconds on, waen iorty secouus on and when wholly om the sun’s disk. They were wade of the size Which Venas would present in the telescope; the only error being in our thea uncertainty of the exact distance, {have recorded the practice upon these objects im the regular day book, observing upon them Whenever practicavie in all sorts of weatuer, and aiso practising my assisiants, The regular obser- vations ior ume and latitude were made by Mr. ‘titu@an and Mr. Edwards, Toward the gth of December [ aiso observed im the Coast Survey Meridian instrument. Some delay was occasioned tn this Work on discovering tnat the levels of tie Stackpole transit, 1607, were useless; but, fortu- \ bately, 1 tad the United States Coast Survey me- ridiau instrament, with extra levels, which, afer much trouble, | Mised im the tra I deter- mined the vaiue of the micrometer aud the equa- torial tatervals of 1507, and Mr. Kawards deter- mined the inequality of the transit axis pivots, Which Was large and not regular. THE PHOTOGRAPHIC APPARATUS was in good working order early iu November, but jor nearly two weeks toere Was not sufi- clentiy clear Weather ior drill aud practice. Upon” the first good day experimenis were made lor the best iocUs O| the objective, And satisfactory nega- lives gave me a focus one incon siorter than as- ed to the lens. Alter this adjustment was d the jeos and reticajated plate never quired changing. ‘The va.ues of tue level scale on ine reticulated plate aud on the engineer's level were devermined oy oir, Tittman, In ihe quick photograpns proposed at IV andl contact | had Mauve irames jor holding half @dozeu wall pilates, each to obtwin the wali sun, 1) Woulo give six pictures per minute, bat with | proper mechanical Means Woud give twice that numer, hr, beivert Gevised # inethod Of getting # Small part of tue sun's limb and the Centres to ing which [added tie electrical method of recor: each Ume O) EXbosure, By flue Means eXousured, contact weil he sun was seen througu the haze or thin clouds, and the iimb not much dis- turbed. ‘The line of ligat broke cieariy, aud ia an apparent true cootinaation of Venus’ limo.” he Saya that when he toox bis eye Irom tne telescope japidim Yanagi called “time” to his assistant, ‘hus noting tae epoch of the event jour seconds latter than Mr, Tittman, Alter the second con- tact I commenced micrometer measurements o1 tie separation of the limbs of Venus and tue sun, ana with var, De ppases gt bright and unsteadi- ness, until (é imiges became [06 taint. J ov- tained seventy-eight micrometer readjigs, 1 pat mounted the United States Coast Survey weridiad instiument No, 2 to Observe the passages ol «ne limbs of the sun and Veous at meridian, and aiso | arranged that Mr, Tittman spouid ovserve tue diference of declination of the upper limb of the | Sun and the limbs of Veuus im the Stackpole tran- r 1 L002, MERIDIAN TRANSITS OF THE LIMRS, Near culmimation tue sun was partially od- ured aud [ used the light shades of tue giving @ light orange image of ibe record was made on a fillet Ol coast survey Chronograph 4,848, and 1 noted the passage of the suu’s first limb over mine | threads, and of the first limb of Venus over eight threads, second limo of Venus over erght tureads, second Hmb of sun over six threads. Ar, Titman mave nineteen mictometer readings of the sun's Upper limb, aud the upper and lower limbs ot Veuus. Clouds then prevented observations for a few minutes, but at ten minutes after poon [ commenced measuring the horizontal diameter of Veuus with the doubie-image micrometer under Varying phases of Vistoility, in this work | ob- tained forty-iour Microme er readings and capital results, Mr, Tittman obtaimed uine and Proiessor Maorray six readings, when the clouds obscured the sun completely, Clouds increased and nothing | more seemed probable, A WORK OF SUPEREROGATION. The observations jor meridian passage of the suo and Veuus, and the measures of tue diameter of Venus when on the sun's disk were not re- Jerrea to In the instructions of tne commission, ‘uere was @ slight break in the clouds when Venus was one diameter from the third contact; then more thick clouds, Near the third coniact there occurred an opening in the clouds, and ten or fifteen secouds belore Contact | saw the clear Seoaration with litte or no uusteadiness of tue lunbs of the sunand Venus; better even than at second contact; no ligameut or band A DEPRAT SNATCURD FROM VICTORY- Suddenly clouds covered it almoat at the instant Of Contact And Oroke just alier the Coutact; but Licel that it was not more than five seconus Dust, and so noled the time of reappearance. There was @ clear, sharp Outline and eo discurbauce, The sharp Polistes of tne cusps alsost touched and were very delicate Oujeots, This epoch is Only eighteen seconds alter tne predicted ume. For this observation I was using bbe unassisted eye, and in the sudden geans of light Was almost competied to desist. Mr, Tittmay observed Jax the third contact wita but with | the unassisted eye and noted the event. “Clouds oniy | was | | half am hour or more, and I fortunately succeeded io readiness we had maby annoyances to hinder | With the heliostat we had con- | | collodion fiims, | Paesing uteriered with the exactness of the de- terimamation, buat apparently clouds caused tne ocly uncertainty. Observer cannot form an esti- mate of the error of bis notation,” Alter the Uird contact there was a slight opening, aud, with sunshade, | tried to get measures of the cusps, but succeeded in obtaining oniy Luree Ml croipeter readings wit cusps faint, Atthe fourth contact dense clouds. About four o’ciock rain commenced. Durtug these observations I was a3- sisted by Mr. Titman, who noted the tlines for cusp Measures aud separation o! iimbs, Master George F, Davidson and Mrs, Davidson aided in recording and at the chronograph, Alter I nottiied the pio. | fogtapher to “comiuence,” the quick pictures | were run through, but no indentation of Venus is exuibited, This was wien | failed to get meas- ures. SUCCESSPUL PHOTOGRAPHIC WORK. When the sua came out sumciently or me to ob- Berve, photographs were obtained with the pianet thereon, and plates were rua through whether there was sun or clouds. O! course, under such circumstances, many plates show nothing what- ever; DUL DY this means many negatives were Ob- tained when there was an opening of only a min- ute or two, Mad there been @ clear day the pho- tographic operations were so consecutive that not , Jess than 400 plates could have been exposed dur- ing the period of the transit. About 116 plates were actuaily exposed, and probaoly one-half of them furnish a8 fair photographs as could be ob- tamed under the circumstances and with Mr. W. S, Edwards remained | at the heuostat throughout tne day, to | direct it in case of derangement, &c. At dark | there was a narrow break in the rein clouds for | in getting @ good set of transit observations to | check the chronometers. The might set in thick | aud rainy, Having been aavived by the secretary Of the commission that the funds at its dixposal Were low, and that the telegrapa longitude work hence to Melbourne was abunvoued, and that I must close operations and discharge the party aa soon as practicable, | made my preparations ac- cordingly, but carried on our photographic onser- Vations, as instructed, for one week. ‘The tnstra- tents were dismounted, and such as were ordered home were been gotten ready jor slip- mint. The rest femain tn the United States naval Storebouse at Nayasak!, as direcied. The work of Preparation and observation has given me iar opportunity for judging of the capacity of the iustrumenis and methods, aud the outfit and personnel ior working; and | might add my judg. ment thereon, but it might be deemed uncalied jor by the commission, aud, therefore, | refraia, A TRIBUTE TO WOKTHY COLABORERS. On benaif of the members of my party I can speak With the greatest treedom, because there | has been no jar, no want of harmony, ho shripk- ing Irom duty, All have faitafully and earnestiy endeavored todo their best for the success of the expedition, and in sincere accerd, and { cannot close (nis report without expressing my gratitude and hearty thanks to the Japanese autnorities ior assisting Our labors and intercourse with tae peo- pie; for affording me the use of the government lelegraph line hence to lokei for telegraph jongt- tude, and for their assigning oficers of rank and position to sccompany the expedition and report Upon its appearances and methos, Very respectiully, your obeaient servant, GEORGE DAVIDSON, United States Coast Survey, Chief United States ‘Trausit of Venus Party to Japan, ENCKE’S COMET. To TuB EDITOR OF THE HERALD:— Last summer, when observing Coggia’s comet one evening 1 asked two Visitors whether it appeared curved. They said, decidedly, “No; it 1s perfectly straignt.” Said I, “If it was curved, which way would it be curved?’ They agreed that it might be curved to tne left and could not be curved to the right, but repeated that it a} peared perfectly straight, My computation in cated a very slight curvature tothe leit, After Coggia’s comet had disappeared, I saw that Encke’s comet would pass its perihelion this spring, and I concluded to try the same principle there, From its co-ordinates computed in 1862, when I last saw it, and froma rough assumption ofits perihelion passage | obtained positions for January and February, which I supposed would be probably within half adegree. On January 25 I first looked for it, but did not recognize the stars, and swept over twenty or thirty degrees area without detecting \§, On January 261 took more pains and identified the &tars, but could not Tecoguize the comet, Then I said to myself, “If the comet is within haifa degree of the predicted place, where ts it? Alter @ careful examination 1 selcted the place and recorded it, thinking that if that was not it it was certainly . The next opportunity nary 1, Again [ looked, aut could not recognize the comet. Again I selected and recorded the place @th less hesitation than before, where I thought 1t must be it [ could see it atall, ButIcouid not be confident that 1 saw anything there, even when, upon comparison, [ found that the two independent positions remark- abiy agreed. I was so lit‘le sanguine of the re- Suits Of my attempt to assist observation by imagination that when, on February 3, | saw that the comet was iirst seen in ihe Wash- ington twenty-six loch, on January 26, aud suvse- quentiy, wnenlsaw that on January 31 stephan prouounced it the ‘extremum visivile with a seven inch refractor,” my aperture being six inches, [ Overiooked tne fact tnat Von Astea’s Epiemeris beimg within fifteen minutes of the truth at that time, and being contained in Na- ture, of February 18, would enable me to test my resulis. My attention has just been called to that, and upon laying aown the aciual places of the comet, allowing jor precession, upon an enlarged representation of tne neighboring stars from the Boun Catalogue, i find that in each case my recorded position was about ove minute north ofthe true position of the comet. [ eel certain, therelore, that I actually saw the comet on beth occasions. My theory 18, to give tt a little more scientific look, that an amount of ligit insuMicient to satisiy the mind that it exists at all may be suMicient to attract attention to its correct location. Whetier this method of observation can be made available, 1do not krow, it would be at least necessary that the observer shouid not be too weil aware of the true position 0: the object to be observed. HeNKY M. PARKHURST, New York, March 22, 1875, SENATOR SCHURZ'S LECTURE. Senator Cari Schurz lectured at Steinway Hall last evening on “Educational Problems,” under the auspices of James ©, Rice, Post No. 29 Grand Army of the Repubiic. The lecture has been de- livered before in thiv city, and judging from the number in the hail {t must have made a favorable impression, ag most of the seats were occupied. Messrs. Peter Cooper, Senator Fenton, Congress- man B. A. Willis, General Roome, General Anson MecUook, Waldo Hutchins and @ pumber of other gentlemen apne seats on the piatiorm, Congressman B, A. Willis presided and opened the business of the evening by a short address, in | which he pictured the Army ol the Republic andits nobie ana Cnaritabe decds, and said that now its members bear no hatred to those tuat lormerly they confronted im tue batile feild, adopting the Christian maxim to forget in peace what | they learned in war. Tie receipts of tnis evening, he said, Would go toa novule Charity im aiding the orplians and widows of those death left on the battle Heid, Mr. Willis then concluded by saying, ladies and gentiemenu I shail recompense you jor patiently listening to me by introducing tne idier, statesman and orator, Senator Carl nur, who will now address you. uator Schurz then delivered his lecture on “Educational Probiems,” wuich has aiready been given to tue pubic im the daily press. RAPID TRANSIL. THE MAYOR AND THE EXTENSION O¥ THE ELE- VATED RAILROAD, David Dows, the President of the Greenwich Street Kievated Railroad, and Mr. Peter Cooper calied upon tue Mayor yesterday in relation to the resolution Which Wag passed by the Aldermen last week advising tie Legislature to pass the bill now in the Lower House agthorizing an extension of the Greenwich Street Blevated Railroad, The two gentlemen stated tu the Mayor that the company iu whose bebaif they aad called was determined to do everything that jay im its power to give the people @ good rapid transit road, and they hoped, thete- | jore, tAat he would approve tue object of tho resolution. Mr. Cooper stated that the company’s charter would give them tne rigut to extead their tracks to Hariem; that the tracks were ¢ be relaid, more cars were to be ouili, and improvements adupted as would make an cent from tae falling off of a car irom (he rats an Impossibility. Mr. Cooper claimed (vat a speed of forty mies per Rour could be Sereided on tue road when completed aid iinproved. The Mayor replied that be was heartily in favor of every feasibie plan to give the people rapid transit. It was, he said, one of the most impor. taut questions efecting the luture oi the city and the comiort of her constantiy tucreasing popula- tion, and, so far as he was concerned, ne Would do all that he could to uelp on every good plan, ‘To-day at three P. M. the irieuds o! the Metro- olltan Transit Company are to conler together a the rooms of tie ourd of Aldermen, wien plans, &c., will be suomitied for inspection. DESTITUTION IN BROOKLYN. Atan early hour yesterday morming the atten- tion of Oficer Ryan, of the Tuird precinct, was attacted by the cries of achild, which proceeded from the hallway of tenement house No, 62 Amity Bireet, Lntesing the dali be fouud Mrs, Ann Mo- Dermott lyiag insensible irom drink ou the foor, and nesting close fo her mother Was a Child two years anda hal! old. A jew jeet lorther away Un iniant one year and @ ball Old Was found in a famishiog condition. ‘Tue wreiched woman and her children were removed to the Butler street Siatiod house, where (hey were warmed and fed. ‘The busvaod of Mrs. McDermott recently aban doned his family because of her persistent in- temuerace L@olls | on! | Ment of the ladebtedness. | SALUTE BY THE YACHT RAMBLER. | against krancia Skiddy and Henry S. vearing, tue MARCH 23, 1875.—TRIPLE SHEET. THE COURTS. Argument for a New Trial for the Jeweller Swindler. SNOW-ITEAP THE NUISANCE. aisio Important De in Favor of the Railroads. In December last Samuel Shapter and Edward Hopper were joint owners of the Metropolitan Toeatre, with an agreement between them to equally share the profits and losses, In settling up the affairs of the theatre fortwo weeks prior to the 29ch of December last it was iound that there was a loss of $824 65. Hopper, as aileged, refused to stand bis part of the loss, and yesterday Shapter made appiication tn Supreme Court, Cnambers, before Judge Donohue, for an sttach+ ment against the property of Hopper. The appil- cation was granted. Mrs. Elizabeth Harden employed Robert H. Cor- bett as counsel in the Harden will case, Subse- quently she placed tn his hands about $115,000, and has brought suit to recover the sum, In nis answer Corbett states generally that his services and expenses as her counsel and losses snstained trough stock imvestments at her instigation swailowed up the whole sum. Appilcation was made to Judge Lawrence, im Supreme Court, Chambers, to compel a little more particularity as to how the money was used. Judge Lawrence yeaterday granted the motion in part and in part denied it, In the matter of the contested will of Elizabern Coyue—contested by the eldest surviving daughier, married—Surrogate Hutchings yester- day, alter hearing testimony, admitted the will to probate, The deceased, by her will, leaves some $10,000 to her younger cuildren. The wills of Hannah and Helen Key Shaaf were yesterday ad- mitted to probate. In the case of George Albert Mason, the alleged counterfeiter, whose examination was set down for yesterday, a further postponement was granted by Commissioner Shields im the absence of the principal witne: Ensor, who had not ar- rived irom Rochester, where he is heid on a charge @{ passing counterfeit money. The Com- missioner set down the case for two o'clock to- morrow, when, if the secret service detectives are not prepared to go on or fail to show good cause therefor, he says he will discharge the ac- cused, Mason, on his own recognizance, In the Court of Oyer and Terminer yesterday, Judge Barrett on the bench, the case of Jonn Jour, dan, who is indicted for murder im the first degree, was called for trial. Mr. William FP, Howe, Counsel for the accused, said that the murder was one of recent occurrence, and they would hardly be able to try it this week. Assistant District At torney Russell said that this was a very serious case, that he expected a verdict of murder in the first degree, and was opposed to its going over until next week. It was finally set down for trial on Wednesday. sourdan Is indicted for the killing of aman named Hoffer, with whom he used to be very friendly, by stabbing him in tne head on the 25th of February last. LARCENY LEGALLY DISSECTED. An application was made yesterday by Mr. Wiliam FP. Kintzing, at the General Term of the Supreme Conrt, defore Justices Davia, Brady and Daniels, for a new trial in the case of George Wey- man, who was tried at the February Term of tne Court of Oyer and Terminer, before Justice Bar- Yett, upon an indictment for grand larceny, con- victed aad sentenced to the State Prison for five years. George Weyman was formerly tn the jew- elry business at No, 17 John street and stood weil in the trade. In November last he suddenly dis- appeared. Subsequentiy it was discovere) that a large humber 01 jewellers had been victimized out of some $10,000 worth of jewelry and precious stones, Tne modus operandi by wiich the traud was effected was ingenious and well caleuiated to decetve. Weyman, who had unlimited credit in the trade, would either call in persom or send an order by nis clerk for some jewelry, obtaining the game upon representation that o¢ had a customer for them. Power was given to him to seil the | pcoae and return the money; in default of which | ie Was to return the articles given to bim. Hav- ing thus obtained the articles he fed, as a matter of course, never returning elther tue jewelry or any money realized from any wale. The charge upon which he was convicted was preferred by Ubaries Kuhn & Co, jewellers, doing business in Jon street, from whom the prisoner obtained five pairs of gold band bracelets, worta $270, in tue manner avove described, Upon the trial Mr. Kintzing contended the facts did not, in law, make out a case of larceny, aS the complainan! voluntarily parted with his property in the jewelry. Yesterday Air, Kintzing contended that the Judge erred upon the question of larceny; that in delivering the possession of the jewelry power was given to him to sell the same and convey title. It was intrusted to him, and its return was not expected. Counsel cited several cases tu support of uis theory. Assistant Disfrict Attorney Russell submitted that the facts, if true, made out a case of larceny; that Messrs, Kun & Uo. parted with the possession of the jewelry, bust not with their property in the jewelry; that the jewelry was parted with for a particular and special purpose. He cited a num- er of authorities on Lis brief, which, he said, sas- tained the position the Court below had taken, Mr. Kin'zing, in reply, contended that tf the ac. cused had been gu lty of any crime it was that or obtaining goods by false pretences. After hearing the views of the respective counsel the Court took the case under consideration and Teserved its decision, THE SNOW HEAP NUISANCE. The Christopher and Tenth Street Railroad Com- pany, feeling authorized under a decision of Judge Robinson, of the Court of Common Pleas, toremove snow {rom their tracks by means of snow ploughs and sweepers, concluded that such legal authority Was of littie avall if the Pouce Commissioners were to be allowed to shovel the snow on the tracks again. Application was accordingly made by the ratiroad company for an itajunction re- siraining the Police Commissioners from throwing snow on their tracks. Judge Dononue, of tne Supreme Court, to wnom application was made, gave lis decision ia the case yesterday lu lavor of the raliroad. A CURIOUS WILL CAS Charles O'Neill died in 1866, and Isaac Gerry, one of his executors, died the following year. The latter, meantime, had, as alleged, collected some $12,000 belonging to O’Neili’s estate, Wich be had 80 confused with his own funds that after his death tt could not be identified. Gerry left a widow and seven children, all but twoof whom were under age, and each of whom was a devisce in fis will ‘Inere was also a posinamous cniid, Florence Gerry, for whom no provision waa mudé in the will, Gerry’s estate waa quite large, in- cluding valuaoie real estate and some $90,000 in personal estate, The surviving executor of pa ag suit against tue ate devisees Gerry, pid alsa ogeingk Florepes Gerry, fo “Tedder the’ p10" elimod to bs ddd O’ Neili’s estate, The suit resulted ia a judgment in nis iavor, The defendants appealed to tie Sus preme Court, Geverai lerm, Where the case came | up lor argument yesterday, It was claimed that | tie complaint suould bave beén diaMtefed 0 all the defendants, EXcept Florence Gerry; that gne. being the posthumous child aot provided for | in the Will, Was by statute liable to the same ex. | tent as heirs at law; tat devisees couid not ve calied upon to pay the ¢ stator’s debis until the creditor had ex\austed bis remedy against her; that, even if the remedy against boin could be Maintaified in the same smit, the devisees could be made havie tor the deficiency alter hoving | @pplied the whole of Florence's share \o the pay. It was argued jor tho AcUIt deiendants that’ the plaintif should first have exhausted nis remedy agaiuss the personal Ssets, On ihe otver side, 1b Was urged that the biea of misjoinder should bave been rai ed vy demurrer, Tne Court took the papers, reserving its decision. Peter J, Haack was going to Hoboken on the ferryboat Hoboken in Juiy, 1868, naving taken a seat in the ladies’ cabin. The yacht Rambler, ia going alongside, Ored a salute. The wad trom the cannon passed through the side of the canin, strik- ing Mr. Haack on the elbow. The injury was of such a character that several surgical operations were required, Mr. Hauck died in 1872, and al- though seveuty-iour years old bis death Was al legeu to have been accelerated by the injuries re- ceived irom the firing of the salute. before hig death, however, he orought a sult owners of the yacht, Which Was tried in tie Su- perior Ouurt, but resulted in the dismissal of the compiaint, His widow now brings suit agatost | across the Wont of Some time | 8%, 96, 145, 14 the same parties, claiming $5,000 damagos on ac count of her Busband’s deato. The triac uf tae | Judge Westbrook —Nrs, Lids, 40: second suit begs rday before Judge Robin. son, in the Court of Common Pleas, The defence ia the statute limitations, and that tM triat was a bur to the present action. ul probably occupy another day. SUPERIOR COURT~TRIAL TERM — PART 1. Before Judge Monell. DAMAGES ON 4 BUNAWAY CASUALTY. In vecember, 1872, the horses attached to a car- Tiage belonging to A. S. anda EB. Oueli took fright in Fifty-aecona street and ran away. The carriage was broken to pieces and the horses badly injured, As the vebicie ran against a pile of Magstones in the street, thus causing the damage which en- sued, the Messrs, Odell have brougut sutt again Witham A, Williams, a contractor tor flagging t streets; John C, Donnelly, the owner of some new bulidings in front of which Was the pile of flag- Stones, and the city, $%,500 being the aggregate damages e'aimed, The trial began yesterday, aod wil oe resumed this morning, MARINE COURT—-CHAMBERS. Before Judge McAdam. CONTEMPT OF COURT CASE. Areceiver of the property and etfects of Jacob F, Wildpreth was appotnted by Judge McAdam, of the Marine Court, in proceedings supplementury to execution, The defendant thereaiter inter- fered with the collection of certain rents by the receiver, and @ motion was made to punish him for hig interference as for contempt of Court, Judge McAgam said that the Court must enforce obedience and respect to its orders, and punish any interierence with the officers in the proper discharge of their oficial! duties, and that the de- Jendaut was clearly guilty of contempt ef Court (under Riggs vs. Woitney, 16 Abvott, p. 385; Wis- wail va. Simpson, 14 How, U, S., 52), and thereupon committed the defendant to tne County Jail tor five days, DECISIONS. SUPREME COURT—CHAMBERS, By Judge Lawrence, Mercantile National Bank vs. Biees Sewing Ma- chine Company.—Motion to continue injunction aud jor the appoiltment of a receiver is granted, ‘With costs. Bruce vs. Kelly.—Motion to vacate order of ar- or to reduce bail dented, with costs, Weed vs. Keleman.—Memorandum for counsel. Vose vs, Cowdrey.—Motioa to strike out certain portions of the complaint denied, mh costs, jor Teasons stated in the memorandum, Robinson vs, Brisbane; Studwell vs, Bitss,— Orders as settled. Harden vs. Corbet.—Motion granted to the ex- tent indicated upon the margin of the notice of motion, Heatherton vs. Hastings, ither the com- plaint nor the order appointing the recetver are among the papers submited, 1 cannot dispose of the motion Without these papers, Péterson vs. seebe.—Exceptions overruled and report of reieree confirmed, with costs, By Judge Doronue. Christopher and Tenth Sureet Katiroad Company va. The Mayor, &c.—Opinton. Hurtig vs. Hurtig.—Referee’s report and order coniirming same and granting a decree 0! divorce to plaintiff. Lippmaun vs, Smith.—Granted. Selimidt vs, Levy.—Motion denied. Pauli vs. Lackemeyer.—Mouon granted. Philips vs. Walker.—Referee aliowed $98 tn full. SUPREME COURT—SPECIAL TERM. By Judge Van Brunt, Bostwick vs. Frankfield.—Findings settled, Martin vs. Hicks,—Motion denied. COMMON PLEAS-—-SPECIAL TERM. By Judge Robinson, Upton vs, Bedlum.—Motion ior @ new trial de. nied, with costs, SUPERIOR COURT—SPECIAL TERM. By Judge Curtis, Margutt vs. Hayer.—Motion for reference granted conditionally. je memorandum, Immertz vs. Ambler et al.—Motion to continue injunction granted. aie va. Tue Bowery Savings Bank,—Order settled. Sawtell vs. Gariboldi.—Injunction vacated as to business and the proceeds of business carried on by defendant as a painter and decor.tor, or by the firm of Garivoldi & Co., since May 1, 1874. Motion for a receiver granted, COURT OF GENERAL SESSIONS. Before Juage Sutherland, A TRUNK THIEF SENT TO PRISON, In the Court of General Sessions yesterday ‘morning, before Judge Sutherland, George Febn, Who was convicted last week of grand larceny, was brought up for sentence. Judge Garvin, the counsel for the accused, moved an arrest of judg- ment on a technical legal point, Which was over- ruled by the Court. ducge Sutherland, in passing sentence, said that Since Fehu was reinanded appeal gad been made to his sympathy by the wife of the prisoner and also by a man in @ prominent pubiic position, He (che Judge) could not suffer himself to be influ: enced by such Coasideration, tor the aggravaied nature of the offence calied for the mosi severe patishment. The verdict, im bis judgment, was Jully authorized by tae evidence, for he wad no doubt Fenn organized a gang of boys to assist hin iu the perpetration of @ movei kind of larceny miokt dangerous to the community. (It will be re- membered that Fehn was tn collusion with tue boys in steaiing trunks irom the Grand Central depot by putting om them checks procured in the baggage room.) His Honor senienced him to tue State Prison tor five years, BURGLARS SENTENCED. James Rice and James Clark pleaded guilty to an attempt at burglary in the third degree. On the night of the 9th inst. they broke into the boot and shoe factory of Jaced Emmanuel and stole twenty-one pairs of gaiters, valued at $130, Rice was sent turee years and Clark two years and six Months to thesstate Prison, ‘Timovny Shine, Who on the 34 of this month stole $44 Irom the person of George Patterson, a brake- man connected with the Hudson River Kailroad Company, plcaded guilty to an attempt to commit the offence, As tne accused showed to the satis- faction of His Honor that he previousiy had 2 good eharacter the punishment Was mitigated to im- prisonment in the State Prisou ior one year, TOMES POLICE COURT. Before Judge Kilbreth, OFFICER NUGENT DISCHARGED. OMcer John Nugent, of the Twenty-seventh pre- cinct, Who Was arrested some time ago on 6us- picion of buigiary, bad an examination before Judge Kilbreth yesterday afternoon, When the examination was over Hummell, who ap- peared jor ‘ent, Moved tor the discnarge of Bis Client on the ground that the evideuce jailed to support the cuarge. The motion was granted, JEFFERSON MARKET POLICE COURT. Before Judge Kasmire, ALLEGED FALSE REPRESENTATIONS, Peter Link, of Melrose, N. Y., was arraigned be fore Judge Kasmire yesterday on a charge of ob- taining $16,000 worth of malt under faise pre- tences, Tue complainant, a Mr, Joun Schelleys, of Hamilton City, Butier couuty, Ovio, alleged that he had, between the 6th of Feoruary anJ Ist of March, shipped to the defendant the ubeve amonnt of property under certain represen Rs as to his (Link’s) ability to dispose of it at a fair price, &nd aiso that ue would send in return either cash or good notes, Avout $9,000 worth of malt was shipped to Peter Link, which he afterward repre. | sented be had disposed of to one Mr. Diebh and Sent in return two notes at sixty divs, amount- ing to $6,000, drawn by Dieul, It averred by the complainant that at the time of the writing of the vetter enclosing the Lotes in question Diehl was tieolvent, — The case was sent vy Jude Kasmire for further examiuation tg (be #Xtu District Court, where it Will be Legre by Judge Wheeler. _ ESSEX MARKET POLICE COURT. Before Judge Sherwood, THE FRONT PLATFORM AGAIN. About a quarter past three yesterday afternoon Mr. Bunker, of No, 121 West Eleventh street, was | riding up towa on tue front piatiorm of @ Fourth avenue car, of which Thomas Curtis is conductor. | When near the corner of Rivingtoa street Obris- tian Gade, Who Was criving @ lager beer wrock be- longing to buckoer’s vrewery, Oliiton, & L, attempted to cross tue Wack in irent of the Fourth avenue car. Ab the same ume a ‘Third avenne car, which was coming down the Bowery, struck the Rind wheel of tne ‘rhe consequence was che pole chain of the truck broke shurt of and the pole oeaey the Fourth avenue car, anc strikiug Mr. Bunker in the head and preast severely Injured him, Mr. Bunker was removed vo bis home in a Very Weak condition, amd Chris- tian Gade, tke driver oi the truck, Was arrested by O@icer Kidrica, of the Teuth precinct, and brougut before Judge Suerwood, ut Essex Market Police Court. Juage Sherwood, ou the complaint of Tuomas Curtis, the conductor, beid the prisoner jor examinauon, COURT CALENDARS—THIS DAY, SuPREMB CouRT—CiambeRrs—Held py Judge Donobue.—Nos. 52, 78, 79, 9s, v4, 230, 245, 205, SUrREMG Judges Davis, & 188, 140, 162, 1 SUPREME COUkr—sreciAL Tenm—Ileld by Judge Van Bruni.—Issues of iaw and fact--Nos, 61, 219, 242, Llu, 9, . 159, 215, 67, 208, 2i7, 207, 170, 102, 164, 205, 260, 253, 264, 258, 269. SUPREACE HRCUTI—Part Yield by ‘ay L708, 1270, S80, is further | 5 468, 1000. 1000%¢, 778, 1374. 1246, 1364, 1382, 2288, 1526, 2250, Teon” 109%, Boot, Lad, 1318, 2238 1705, 1822, Part 3— Nos. 7) 55, 77, 831, 917 920%, 1023, 1057, 1009, 2365, 2429, ‘1033, 1013, 65, 951,' 241, 44s 5a, 537, 653, SST ds, 1307, 1119, 10% Surexion Covrt—Gevenal Texm.—Adjourned for the term, Eeu—Part 1—fleld b; » 909, 899, 933, 949, . , 621, 985, 999, Part 2—Held by Judge Freeduian.— Nos, ie2, 742, 1012, 1184, 1116, 1054, 1126, 1159, 602, 404, 1179, 1174, 1176, 1082, 1098, PLEAS—GENERAL Aprua, COMMON Pi kasS—TKIAL TeRM—Part 1—Held by | Judge Kobiuson. . 1412, 1428, 1093, 1194, 1625, 1/08, 1431, 1430, 1248, 1240, G24, 677, 967, 1512, 251 da Part 2—Adjourned tor the term, MARINE CucRr—iRiaAL feRM—Paré 1—Held by Nos, 1199, 1854, 1886, 1663, 155. $56, 1885, 2843, 2974. Nos. 1691, 657, 8272, 231s, 1454 1607, 1641, 427, by Judge Joachimsen.— 3176, $288, 1754, 3301, 1798, 04, 5106, 642, COURT OF GENERAL Sxssions—Hela by Judge Sutherland,—the Peopie va. @varies Williams, Tape; Same vs. Charlies A, Blair. felemious assault and battery; Same vs. Daniel Earle, felonious as- sault and batter, me vs, Lath Mitchell and Jonn Leonira, onious assault aud battery; Same vs, Jonom Younker and Julia Becknold, ; Same vs, Eien sheridan, grand larceny Constantine A. Hulman, grand larceny; Same vs. Margaret McHvoy, receiving stolep goods; Same vs, Jame: Reed, petit larceny; Same vs. Juka Devoe, petit larceny; Sarve ve. Henry Daniels, petit larceny; Same vs. Daniel Sullivan, receiving stolen goods. OYER AND TERMINFR—Held by Judge Barrett.— The Peopie vs. Bryan Lawrence, revoery. COURT OF APPEALS. ALBANY, March 22, 1875. No. 144. Mary A. Codding, appellant, vs. Thomas Warmsiey, respondent, motion to adjearn argu- ment.—Aiter hearing Mr. HW. 0, Moak, of counsel for appellant, in support of the motion, and after reading and filing ap atidavit of Mr. Menry K. Sel- den also im support Of said motion, amd after hear- ing Mr. W. F, Cogswell, of counsel tor respondent in opposition thereto, it is ordered that the argu- TEBM.—Adjourned@ a S rf 3 z ment herein be adjeurmed to March 31, and that said cause be placed at the bead of day calen- dar for that j amd that the appellant par to the respondent's counsel his expenses tu atrend- Ing (o argue said cause on sach adjourned di No. 108, Jonathan L. Booth, respoudent, vs. the Spuyten Duyvel Rolling Mill Compary, appel- lants,—Argued by Mr. Jona E, Burrill, of counsel Jor appellant, and by W. F. Cogswell for respous dent. ent. No, 310, William M. Tweed, impleaded, &c., plsin- tif'in error, vs. The leopis, defendants in error,—Argued by David Dudley Field, Wiliam FP. Bactlett and G2orge F, Comstock, of counsel for plaintiff io errer, and by B. K. Phelps, District Attorney, and Wheeler H. Pecknam lor defendants im error. Case still on. Adjourned to Tuesday, March 23, at ten A. M. ‘ihe case of William M. Tweed 1s now on argu- ment in the Court of Appeals and the Court bas conceded five hour#? time to the appeliant’s coun- sel. There will thereiore be no chance for any case on Tuesday's calendar being calied beiore Wednesday. CALENDAR. The following ts the day calendar for Tuesday :— Nos, 146, 147, 144, 150, 151, 303, 305, 153, TRIAL OF CAPTAIN KILLILEA. THE PROPRIETOR OF CENTRAL PARK GARDEN TESTIFIES—THE TRIAL ADJOURNED, Captain Killilea, of the Eleventh precinct, was aguin arraigned before the Board ef Pollce Com- missioners, at two o'clock yesterday ajternoon, to answer the charge Of having illegally, and to violation of the rules of the department, received various sums of money at different times, in the years 1871, 1872 and 1875, from Kock Brothers, pro- prietors of the Central Park Garden, ‘This is the second charge of this nature against the Captain, the first having beer tried beiore the Board on the 15t inust., the prosecuting witness being one Kassetang, the proprietor of a beer gar- den in the Twenty-second ward, It will be re- membered that the decision of tae Board was re- served in the Kassefang case, and bas not yet been rendered. A large number of spectators were present in the court room, and appeared to take a deep lu- terest in the proceedings. Counseliors Brooks aud Feilows appeared for ‘ue deiendant, and Cntef | Clerk Hawley, @s usual, conducted the case for | the prosecution, When President Matseil announced that the | Board was ready to proceed to trial Counsellor Brooks arose, and ins low tone siated that he had an objection to make, He called the atten- tion of the Commissioners to tae fact that uo decision had as yet been rendered in the former case in which nis client was defendant, and anti that Was disposed of the Beard cogid not proceed to the consideration of the present case, Suppose the Board were to decide that Captain Kilhiea was guilty of the charges in the Kassetang specia- | cations their judgment would naturally ve dismis- salof the accused from the police force, The was the exireme penalty that couid be indicted, and on its execution the defeadant would be removed beyond the pale of their jurisdiction, ‘fhe Board would stultify itset! tf tt audertook to | try the case now calied uniil it had dectded as to | the guilt or famocence of his client im the previous | one. If & man was inaicted at jaw for murder iu the first uegree the penalty, li jound guilty, oelng Geath, 1t would be absurd to arraign nim for triat on another charge pending the rendition of the verdict in the first case, If the verdict was “guilty”? his conviction ou any otter crime coud not add to the penaity, The present case Was a | paraliel one. Chief Clerk Hawley followed, taking the ground that there Was BO similarity betweeu tie two | cases. It was not for counsel to aaticipate the judgment of the Board. ‘ney might, 1or aagot {hat was known, acquit the defenaant or inflict a slight penalty, He contended that the Boara could certainiy proceed to the trial of the present case irrespective of all that had gone vevore. ‘The objection Was -overruled aud the defence took an exception, Mr. Brooks then moved to dismiss the case on the ground that the dates mentioned tu the specie | fications were anterior to tue jurisdiction Oi the present Board. ‘Tnis was the motion, he went on to say, tuat he had gynce and argued at the pre~- vious trial and whfeA the Commissioners denied. He made it now in the expectation of its receiving a like fate, intending to take a writ of certiorar: and bring the matter velore the supreme Court. He would suggest that tue Board postpone we cage until the Supreme Court had passed upon the question of jurisdiction, Mr. Hawley opposed any postponement of the case. The course Of tne iawW Was iiabie Co be long aud tedious, aod he Could see nv odjection to going on with the trial pending the final disposition of the question. Alter a short consoltation among the Commis- sioners President Matsell amuounced that the case should go on and the defence excepted, ‘The first Witness sworn Was Ldward Shaffer, of | No. 629 Madisoa avenuc, Who stated that he was financial manager for the Koch Brotaers at th | Central Park and Terrace Gardens in 1873, In each of the months of May, Juue, July, August and | September of that year, he nad puld to a police officer named Gadney, in Captain Killllea’s com- | mand, the sum of $100, He jad uever paid any money to Captain Kuliiea personally, but it was , Mig understanding that Gatfuey Was to baud it to | the Captain. On cross-examination the witness denied haying been approached oy anyboty with reference to his testimony since he had veen subpoonved asa | witness; be was bet acquainted with ex-sergeapt Miller, of the Twenty-second precinct; the mouey | paid to Gadney Was supposed to be tur police ser- vices, | John Koch, one of the proprietors of the gardens above named, Was beXt pub on the stand, and created, in tie course oO! his testimony, a decidea Sensation in the court room, #Weariug bo & fact bo jess starting than that ne had paid money to the | Jute Superintendent Kelso and a@iso to the old Board oi Police Commissioners, Matseil opened wide his eyes as the broken Eng- | lish of the witness laid bale Chis UBieoked for state ; Of attuirs, Duryea adjusted his spectac' Bud glared flercely througu them at the stolid Teuton, Who appeared entirely ignoramt of having said anything out ef the ordinacy, Disbecker twitched | in ‘his chair and gianced uneasily at mia colleagues | Witi @ plain Luterregatiea poiut depicted on hin countenance, and Voorhis settied himsel! with an | atr of aetermimation as much as bo say, “Now, | then, go ahead; out witu it.) But the excitement. Was short lived, for the witness biaudiy expiained, | alter some tea minutes’ deiay, that the monsy paid to Superinteudent Kelso and the old board was the Salary of a& patrolman specially detalied for police duty in premises, a proceeding en~ | tireiy proper, beirg in socordance with the regu. | lations of the department. A breath of relief went | up trom nearly aii present woen tue explanation was given. Mire Koch proved rather a bad witness for the | prosecution, as le devied having any kaowiodge | Of money paid to Captain Kiliiea, eibier direcuy | ov indirectly. |. The deieudant’s counsel were excecdingtiy Jubl- lant over his besumouy ad Geclimed ty Cross~ examine him, Mr. Hawley then arose and moved that the case be postponed, tw enable bin to procure Linpoctau’ eviuence peWiy discovered. Couuselior Fellows objected to any postpouement uniess the nature | of the evidence was stated, and a loug discassion ensued, at the eud (ol which Calel Ulerk Lanes explained that the evideuce he wisted bo obbaris Was I (he possession of & Wiiuess Wao lad lailed to appear. Presideat Matsell, alter consulting his asso. | cates, granted (ie MotuOn and Adyuragd Lue Case | ubtiinext Monday ac two 2,