The New York Herald Newspaper, May 4, 1875, Page 4

a rae ee eee 4 NEW YORK HERALD, TUESDAY, MAY 4, 1875—TRIPLE SHEET. heen —__—_—_—_-—__——_- a oh ets yr a Judge Netlson—Mr. Evarts, will you see to that | clared that he kad no knowledge of the fact that | ryy ad r rT . | Which is acovenaat that the premises sual! not be | His Honor City Judge Sutherland presiding. Tht é {' mater rge of adultery Was ever made by Mr. Tilton t THE COURTS used for manuiaciurug or basiness purposes. | Grand Jury were sworn ia and charged briefly y | Mr. B¥arts—The communication 19 addressed to .I8id, aud when on tie Witness stand | ° ‘Theve 18 a yeu! extate omice in the basement and ton was selector t [ \y Your douo: ad du excuse for gis Oolgations . outside a sien, stating that ordera (or painiing ure | The Judge. Mr. neis H, Amicon 3 laid Mrs, fiom handed a letter to Mr. Evarts, who » Ameralores pYapoRe 50, RaW | | secelved. share, Tne 4 e thought | toaee as foreman, a sent it up to the Benen. od AON . owas 6 AD / ywenant I | Joun Jackson pleaded guity to an attempt @ ——e—__—_ Judge Nevson (aiter care ully readiog the paper) the contideutial interview between the same 4 $ , | the seed, ana brougnt san to © Mrs. Lynen : pa i tn eee eee eee ee tea g abit | il wet Ysody Tracy and Moultou, Mr. Tracy | Effects of Taintor's Specula- | topat a’ ston to any such tags vf orders Jor | Grand larceny. The charge was that oa abe, ip . a , o | Sraicks: nicitly Injokmea of the charge’ made by Mr. | ’ | painting. ‘the Cours held that it was too tiling & of April he entered the apartuen(s of Linate 0 v o nok 0 The ented a ire, T »sumip iron, They would show that atier that he tad | tions wi unds. | Inatter to act apoa,and allows the oonoxious sign | y 985. Se if enue, ¢ » pening of the Eighteenth W eek : her eeae sode thera ended, Mrs, Tilton resuming Corea iis connection and gonfldential rela- | th Bank Funds | to still hang on the'outer wall, 8? | Vibrene, No. 235 South Fifty avenue, and aay rf ( N d ] () } ae eden ‘ait gaegnnas tions with Tracy and Magiton as to the events of ie (a | bby wore: Sa apy appa e * ag ‘ GHATS TAL. scandal. ‘They 108 y x rr: ory . 7 whe oO ‘ate Prison for tw tist lor llustrated pewspapers; saw the Commun trom his ieasioual obliga‘tor 4 Ww 5 - 5 } . yy 187) u r | suK, @ Leveson Bea le cTRLton ot oe ae a a ee ee eee RC ee Ore | eee, Lemna te chan tevtie dont taa | poreirom sie’ lore of dong mn mn qu u td ie k od nauape 0! sher A A ing 4 2c se ala Soncwae And % LB Ang MRS. TILTON’S FIRST SHOT. hull, Tene ure intent at corenel Bis ‘the bot . meager Ng vais: aaild aloe ; personal property of great value. She lett surviv- yep Mog te : edie mate 5 + | hal, Tevule C, latin and Coiwne, + of this ree, tuat Tracy well understood what ing her he) s Mr. iris Frie and | attempt ar grand larceny. The se | Woulen were Geniud ‘ve band preceding te skid Wal extreme aud erimiual ebaracter of tie | SPPHeation to Release the Ne ae ead ees regan ag | brisoument in the State Prison tor two Years. more Guard; Blood ana Stephen Pe ndr accusation azainst Mr, Beecher; thie clreumstance eval minor children, Soon ater berdeatha | “ joan Nelson, who Was chargea with burglar: | walked with Miss Claflin; did not see Tilton Wit either Of the Wowen 10 (he Drocession; the part sketched vy him oceupted only avout two blocks in length, including the centre of attraction in the paraa To Evarts—Lbe picture did not appear till a week alter rhe procession tcok pises; made the | sketen at the time on paper, and alterward drew | 1800 Wood; the piciure was prepared from the SIE WANTS TO TESTIFY. It Causes Whispers All Round the Court Room. sketches, and represented the procession as be Saw it; did not see Mr, Tilton atall tu the pro- cession; Was not positive at the time that ke knew | Mr. ‘iilton. HENRY OTIS FOX testified that he was a printer in the ofice of the Independent; in 1871 Knew Mr. Tilton an General Will the Judge and Beecher’s ° Ryan by sigut; saw the whole of the Communistic Counsel Consent’ procession; in tue procession saw Mr. Tilton walk- ne arm iMarm with Joo Swinton; Mr. Tiitoa SAS was not accompanied by any lady; saw General Ryan riding in a carriage; believed that two adies Were sitting beside nim ip the carriage, To Mr. Evaris—Geaeral Ryan Was vot likely to bo mistaken for Mr. Tilton bya person Wo knew both; the genera! appearance of the former was not unlike {tton’s; saw Titon several mes dur. the | ing the maren always with Swinton: they were | some eiwht buadred Ieet in the rear of the woman | who carried the reo flag; ne was told 1t was Wood- - | Bull Who carried the red day. | Witham Force testified that he was a confec- tioner living in Brookiyn; knew Tilton by sigat for many years; saw the procession In Great Jones street; Tilton was walking with a gentleman ata considerable distance 1n the rear of some women, one of whom Was carrying a flag. fo Mr, Evarts-—Went to New York to see the procession through curiosity; two other persons Were With lim on the occasion; both are now dead, LAWRENCE S, KANE TILTON’S COMMUNE WALK. Wasted on Question. A Day It was a little crowd and a sleepy one that met together at the opening of the proceedings in the Brooklyn trial yesterday morning. Mrs. Field sat Rext to Mrs, Tilton, who has been absent for almost a month, and next to her sat Mrs. Oving- ton. Just before the proceedings began a low sized lady, very petite in all her proportions, her face small, thin and worn, her bands small, her volce sharp and shrill, and her dress asudden | Wiiking benind the colored troo,s; some men Diaze of fasbion, stood up and adaressed herselfto | were with them, one of Woon, he veneved, was the Bench in a quick, nervous, uncertain tone, A the old man who swept out Mrs, Woodhuii’s ofllce 5 he saw General Ryan in a carriage with U’Dono- cession for the Sun and iollowed it over the waoole good many who did not know her were puzzled to | yan Rossa; a number of ladies Were Walking after discover what the uttle lady wanted. Was sh qe Ciatia; he counted them at vbe time ena be- erazy ? or was ber husband a juror for whom she | Litved there were twenly-tiree of them; Mrs. Woodhull walked mgnct_ behind Ten. was tmploring mercy? Judge Neilson compre: | nie" cain, who carried © red. fag; he bended tne situation. He caugnt the wordsthat did not recollect seeing Mr. Tiiton in the | the desired to have a note transmitted to the procession ut all; at that. time re dia not know um. In @ er to Mr. Evarts the witness sald Court. The Judge, tn bis quiet way, I thatne hud been engazed as a reporter at ins striking contrast to the rapid and uneasy trial during t ast two wae . eo woman in i" @: the procession carried @ baby; he belicveu there Lrogserd of the applicant, ordered the netesent | yt carriages 1m the procession, one of whic Up; then the little laayeat down amid murmured on ained som= iadies Whose Lames he did not whisperings around the court. It was Mrs. Tilton know; le haa then known General liyan jor a loug who came yesterday to court, as she injormed the te, having Oven associated with hiw on a news. paper; he thought Ryan was about five feet elgnt writer, without tellmg @ single lawyer, and jnvnes im negnt; Ryan’s hair Was dark aud Wavy, banded up a written offer to the Judge that, if it and ne wore it long; 4 Cuban gentieman was with | bimin the carriage, but Lo lao he had not examined bis report since it Was pudlisned, THEODORE H, BAN | testified that he was the marshal of the Come munistic procession; Mrs, Woodnul! and Mies Ciatin walked er the Skidmore Guard; they were accympanied by Colonel Blood, Mr, Andrew and Mr. West; Miss Ciadiu carried a banner; M Tilton was not witn the women at any time; he walked with Mr. Swinton; about twen'y women were present, and there were eight or ten car- riages 1D the procession; when the procession di: banded in Uniun square he got into a curriaze with ge Wooanuil, Miss Ciafin and Colonel Blood; Tilton waiked past the carriage witnout | svopplag Or speading to any one in It, ‘To Mr. Evarts—fHe did not see Mr, Tilton till the be permitted to her, she is willing to go upon the witness stand and testify in benalf of henry Ward Beecher. The Judge, after slowly reading the Rote, which could hardly have taken up wore than twelve lines, folded it up slowly and replied, Speaking over in the direction of Mrs, Tilton, *Tnis will be deliberately considered,” It was thought the deliberation would occur during the fecess, and that the contents of the document would ve divulged in the afternoon; but as no time could be had for this purpose it was con- tladed to let it lie over until to-day. CONTENTS OF THE NOTE | procession ‘The note is belleved to make substantially the | miss Cladin Was not a large one; sne carried it Proposition that, as the question has been agi- Without the me fis pei tated of ber being permitted to come forward a8 9 awyer, testified that te bad been personally ac- & Witness with the consent of bot) sides, she de- quainted with -. a eae tiswiis zeus; eee ner cn yey Sine ery ee Cee procession on Futh avenue; knew Mrs. Woodhull ingness; that if catied sue will tell the trath at all | 4g Miss Cladin; they Were Walking near the bead Bazards, In court room gossip it is raidsne bad of the procession; Mr. Tilton was not with them, @ Reavy score to pay against her husband, She, in | other words, demands satis‘action, and ifshe can- | ‘A recess Was then taken. APTER RECESS, Henry T. McManus sworu—i reside ta the Eas Bot nave it in a court of justice will tell herstory ern Distric fi Beste: 5 rage Ce I nave through kKoown Air. Tilton oy sight Jor tue past eo years; Fee pubiie press, Her wanner cesnigpemaad lused to see General Ryan during that time ap might be deemea belligerent. It would have been | juve recoguized wim as @ newspaper man; I saw easy enough on her part to iniorm the Judge, bimin the R Ios cores bet gt ihe middie witvoa Of it; L also saw Mr. Tiiton on foot in the procession ¢ making the slightest theatrical display Or 4.4/6 was not more than three paces away from Giving any pubdiicity to the act she meditated. ne; he Was uot ib a carrlage; be Was accompanied Another theory is that Mr. Shearman urged her vy wir. Joun yg Gig not Bee any ladies 1 arse a he procession; el was inthe e of the sothin 60 WHE & consctomsness thst Tilton processio i saw General Kyan io the procesa on ‘Would do all in h's power to preven: her appear- una I veueve there Were two iadies with bim iD Ang, but the defence would still have tne creait of | @ carstage, lg a pe snet -e Xa i — q 3 imterposing no bar agains: her. As anirreverent | yor\ to join in the procession oecause I sympa- eritic remarked, ‘Its ali a game of bluff.” The true tuized with it; | work on a moruing paper. and, aature of the letter will be revealed this morning. baving ok we late, ra ee procession | as soon asl expect otid; I juines the pro- til the blandishments of the press represent | ce.sion ut Fourteenth street; at that time I did res failed to stir the stern purpose Of the pot belong to any of the orgunizations or divis- Judge in not aisciosing its important consents. jous; Iwas in a different division from Mr. T bd ae ton; my division was benind Mr. Tiiton’s divisto THB FIRST WITNESS | the procession went up Fiitu avenue to Toirty- of the morning was Berghaus, an artist, of Frank | fourth street, crossed over irom ‘Thirty-iourih street to Sixe aue and then ecawe down to Fourtecath srreet; 1 saw General Ryau in the car- Tlage alter the procession broke up; 1 saw a lady with 4 migiacure red Bag. fhe *itness Was bere being close’'y pressed by Mr. Evart Witness 8uid—Mr. Evarts, you have a Leslie's, a stout, furid German, with @ good- Satured look and a sound digestion. He tok some sketches of the Commanistic pro- cession. He was told thie man was Blood and shat woman was Woodhall, aud he took it great reputation a$ a lawyer and J do not like to for granted ic was all right and Dis pice “et jpedurg nay _ have to say that the maint evidence us to Mr. Thtou daring about ia the ware was 8 ‘rue transcript. Evarts, taking cession 3 Tank perjury; | spoke to my wile Sp the picture and scanning closely the Varions = gyout | matter, and said to her that I knew the features 01 which it was mace up, inquired, “Who sta'ements conceruing Mr, Tuton In that proces- sion Were 8; she said if was my auty to yo for- ‘8 this wowan here in toe corner with the baby ia herarme?”’ That was bad enouga for the artist, where be ba’ to deal with so mapy adult figures, . be and ali his audience bad to laugh, and these met Bessie Surner twice; 1 recoilec: last summer little pleasantries managed to lend variety to a Mieeliig ber at Mr. Ovington’s; 1t Was about balf- ward and contraaict those lies. TESTIMONY @F ALDERT MARTIN. Albert Martin “sworn—I reside at No, 174 Living- ast two in the aiternoon; I rang the day whten was unexceptionally gull and wear | Bit. a0)°was ushered into tue parlor where some. 1 ,ound Generali ifacy and Besse Turner; FRANKLIN WOODRUFF, I went up tairs to see Mrs. Tilton; we re- Of the firm of Woodrui & Robinson, was recaliea Maiued there hall an pour; cume down Stairs; Went on the back piazza, where Mrs. im rebattal. He ia stout, strong-headed man, ead Tracy, on his eXamimatioag, sabstantialiy Stated that he was never informed by Woodrat thet toe charge against Beecaer, when the ioter- View took piace between them, was one of adul- tery. Tracy’s plea for deserting Tilton was that when he advanced against Beecher the charge of juitery instead of one of improper solicitations Titon and mysell remained avout two hours; General ‘racy rematued in the parlor with Bessie Turner irom hali-past two until five o'clock; J heard them taiki.g; I distinguisned the vo ces. Counsel reod trom Bessie Turner's evidence to snow tuat it was about ten minutes before she Went before the Investigating Committee that Genera: Tracy calied upon ber and had an inter- view with her. Mr. Beach said Mr, Trac; tiou by stating that he ba bad settied the ques- Be thought vimseif Justified in recalling ms pledge beea taikiog to Bes-1e Turner for about an hour be, be. to stand oy him in a courto! justice. Evartwar- tne committee. #8 spate dete wear SBed against (he admission of the evidence, Beach ipsteted and toe Court aliowed it, so that the enewer sivol that he (Woodrem) told Tracy that Tiiton’s charge against Beecher wus one of adul- tery. Inthe light of this testimony it would ap- pear that Tracy Knew ail about the charge 0! adui- tery against Beecher long before ie made the ex- onse to Tilton 0: quitting bis case to take up with Mr. Shearman said that counsel had no right to mike that remark wituout lookiag over the testt- Mr. Beach—I have some memory and intelli- gence, aud therein I difter from the earned gentie- ao. (Some sensation in court.) Mr. Shearman made # remark which was not dist y weard at tne reporters’ tavle. Shear. Man's face Was fushed as be Maue the remark. Mr. Veach—I ber- Beecher. y Sure that they are well jounued. THE WALK OF THR COMMUNE. rhe witness went on to say—I was on the pinzza A great ceal of time still continues to be taken = W!th Mrs. Tiiton; General Tracy was during toe Whole of that time in the parior with Besse Qp with Tilton ia the Commune procession. Whether he walked on bis own hook or on the houk of J Swinton’s arm, or tn @ carriage with Mrs, Woodiuil or ber sister, Miss Ulafin, or on horsepackt or in a Wheelbarrow. Ail tnis rans Sway the days, hours and minutes. So far tne Dalance of the evidence 18 in favor of Tilton, and there is more to come. A BRISK AND ENLIVENING FIGHT between Beach and Evarts wound up the day as seven o'ciock 1 took Bessie turner around to Mr. Storrs’ gouse, in Monr mittee, this cause alter General Tracy ieit? Ovjecied to. The Jndge—You may ask if he did hi Versa lon, witnout giving the conversation. Exception by Mr, Evarts. Witness—Yes, and that was the principal topic of conversation after General Tracy ieit. con- admitting the statement made by Tilton in the Cross-examined by Mr. Shearm have presence.or Wooarutt and Tracy, regarding tue |O4k°" 10" About a Tince Jameary test “Point Sebstantial charge mace by Tilton against committed the substance of my tv ¥ Beecher. it wasa good natured fignt—very dif- jJilton about the tme Bessie iu testified; { have ceen at Mrs, Ovington, at Mrs. Tilton’s in- Vitation; Isat on tne piazza im @ chair all tne time; Mra. Tilton also on a chair; when I first came into tue parlor and saw General Iracy there with Bessie iurner M Tiiton called me up Stairs, saying tbe parlor was occupied; I remained up stairs about baif an hour, it being very warm; ferent from many a previous brawl, where littie Merey or consideration was shown on eituer side. SHEARMAN SHINES FOR ALL, ‘This is a pear sample of Shearman’s cross ex- mination of Mortin, the witness, Who sat out on the piazza talking to Mrs. Tiiton. Il kuow that the piazza isa warm place at bail “Don’t you kpo@, sir, thatime sunshine mever past two in the a/ternoon, but it is in the shade’ “Don’t you know, protected from tne sun by covering; | , that fi the sun sbines at three o'clock tiink the house next door ace as & in’ siternoon it cannot suine late in | proection against the san; I sat on the piazza so the evening?’ “And What Gid you Want ou: jor because 1 Bad nothing to do; I went inere there on the piazza li the sun waen't anining orif irequently out of sympatoy ior Mrs. Siton, at her ve? “Can you tell ume thouts Watch or @ clock?’ “can you tell the difference between junch time and bed time!” “If you say you have nothing to do in the day time, then wiat do you dof’ “Now, finally, I will 08 you, Does the sun shihe when tue moon is up!” PROPLE IN CoURr, Jon: thwick, Stephen Peari Andrews, Mur- Wis Mouth and Jono Eustis, eaptaia of the devon crew, winner of tue Kennett Cup at SOratoge jas: year, were present in court. THE EVID the first witness of Gay was called to somewhat exciting incident oc- jt first seemea limeiy to awaken {interest in the proceedings seen to stand up from ine seat upying between Mrs. Field acd Mvitation; [did pot look at my Watch or at tne cluck; I kuow I there more than two hours the whole of the aiternoon; | can judge tue time between junca time and tea time (laugater); we bad tea abou! six o'clock. FRANKLIN WOODRUPF RECALLED. Frankiin Woodruff recalied—On « jormer occa. sion previous fo tue chief interview at Mr. Moul- ton's stuay, I bad an interview alone with General racy. Q What dtd you say to General '. Beeoner grouna that neitner Mr. fracy was @ purty to tne suit, uid HOt be permitted in accord. f rules of evidence, LVat ts fead BG AUtbOFity jn support of his Position aDd said that tue point Which he maine Tracy to regard Objected 10 on Woudrud nor Mr and ‘he inquiry tht «i endeavor to address tne Cour tained Was not that nosody had ever said any. Alter j tung suaiust Mr. Beecaer, out wnat General tact Neiison's atiention, he jookea toward | tracy never beard Vicon charge the larger oi ton and inquired, hat is it ton—Jadge Nelisop, 1 have a whicn | veg Your Boner wili read uiow Opening of the session. feuce. Whether anybody eise in Brookiyn | rocnd avout wat Mr. Mt. Beavn repli the evidence, Mi toid Hiten said is not th@ pout, Asserting (he materiality of Tracy bad substantially de testified that he reported (he Commnnistic pro- | route; he saw Mrs. Wooabnil and Miss Claflin | apy lacles in | recommend the genileman not to Turner; I couid uot near what (ney were saying; I rewiained for tea at dirs. Oving:on’s, and about place, belore the com- Q Did Bessie Torner tath to you in reference to they proposed to give tn con/rauiction of ‘Tracy, 10 order to snow that at the time of this interview, in the fall o; 1872, he well understood what was the exact nature of this accusation; that knew What it has been since then, the same he does to-day, to Unis fact. Tracy's attention bad been called | cused on Bail. Application was made yesterday before Judge Barrett in the Supreme Court to admit Mme, Annie Ihi to bail, The prisoner was produced Mr, Evarts in mis rejomnder sala that the grosser | under a writ of habeas corpus, She is ac- charge »4s unknowu to Mr, Tracy until the pub- | cation of the card in a New York newspaper, charging Mr, Beecher with adultery, He argued the Inadmissibiiiivy of the teatimouy as to wnat passed becween Tracy and Mr, Woodrul, Tilton had denied te charge of adultery, in 1872, to Tracy, and be did not enlarge the wecusation to this charge till 1874. That was the situation, Judge Neilson suid be thought suficient founda- ton to show the relanous existin parties had been lata, Not that Mr, Tracy 1s on trial, bul Laat the basis haa been laid to establish it us competent, . Please state, Mr. Woodrum, what information | you gave General Tracy (a the interview wits him With retereoce to the cha:ige aguimst Mr, Beecher, | communicauon and also what reference to an. Mr, Tiitou ? with regard to money being par M question. Mr, Beackh—Did you say to General Tracy at that inte} —did you say to him, either in words or in suos‘snee, that Mr. Tiiton’s charge against Mr. Beecher was of aduitery with Mr. Tilton’s wile, aud, if so, what did he say ¢ Mr. Evarts objected to the question, but the question Was admitred, ‘rhe Witness—I told him— Mr, Evarte—Auswer merely “yea” or “no,” The question Was, did you say that? Toe Witness—Can I say woat I have the evi- donce from? Mr, Evarts—No, no, Mr. Beach—You can tell whether the charge was adultery, or in substance that. ‘Che witness replied tpat he was trying to ex- plain to Mr, Evarts, between the | cused of malpractice in causing the deatn of Mrs, Josephine Curtis, Her counsel claimed that there was no evidence to warrant her de- tention, as under the indictment the dying tesu- mony of Mrs, Curtis was not admissible. Assist- | ant District Attorney Lyons opposed the motion and alluded to the enormity of the crime. Alter some argument the Court remanded the prisoner until to-day for decision on the motion. ‘ The examinution tn the case of John Moriarty, of Madison street, charged before Commissioner — Snields with passing a counterieit five-doilar Treas- | ury note, known as “I'he Miles Ogleson Issue,” was Kvarts objected to that general jorm of | held yesterday, but an adjourament w taken until to-day, at two P, M. Moriarty states thathe received the bill trom Phiitp Roache, living on Madison, between Gouverneur and Montgomery streets, who he says was last week appointed on | the police force. He states that Roache came out of the house and handed him the bill, with @ re- quest to go and purchase some beefsteak for him. The Supreme Court, General Term, Judges Davis, Brady and Daniels on the bench, on reas- sembling yesterday announced that decisions upoo cases argued at the March term would not be rendered hutil Friaay. The motion for a bill of particulars im the Mr, Beach—I told you not to pay much attention | $6,000,000 sult against William M. Tweed was tu to anytoing Mr. Evarts says; 1 know you can’t help it, ue {8 suca ® Very seductive man. (Laugnter.) Q. Dia you in that interview say to Mr. Tracy that Tilton had charged Mr. Beecher with adul- tery witn his wife? A.1 did say so to Ge 1 racy. THE FIVE HUNDRED DOLLARS ADVANCE BY MB. BEECHER, Q. Did yousay to Mr. Tracy that Mr. Beecher had auvanced the sum of $500 for the use of Mr. Ry oe ‘amily, or in substance that ? r this question—-knowledge of the heinousness of the charge. It was not collateral impeachment. Mr. Beach said be would im time get ati, Gene eral Tracy bad denied that he nad said what had | been cuarged on the subject of that $600 aavance to Mr. Lilton’s family. bey wanted to prove there Was Some communtcations about money be- Jore they could give the reflection tha: Tracy made about It. tnen read from the testi- uw mouy of General Tracy as to Moulton’s having told | him he got $500 Irom Mr. Beecver to put to the benefit of Tilton’s family. This line of testimony coald not be made the subject of collateral im- | peschnent unless by extra jadicial evidence, ut this ts not evidence of that nature, Mr, Beach said thatat this interview on Sunday, then made was of improper solicitation denies that the charge Was sexual intercourse between Mr. Beecher and Mrs, Tilton, They would try to show that the charge then made was and he disbanding; tbe red flag carried by | of adultery. A question of veracity was to be determined as between Tilton, Moulton and Woodrui on the one | | bond, and Tracy on the otuer, Judge Netison—There 18 @ large amount of testi- mony in ubout money transactions, some of whico went to support Mrs, Tilron ana other suis to varts objected, a8 {hat did not come under | De against the evidence of Mouiton and Tilton, | eneral Tracy had sworn that the ouly charze | of the mortgages pro tanto, | have been argued yesterday in the Supreme Court, Chambers, before Judge Lawrence. Counsel, how- | ever, were not ready when the case was called, | and the argument was adjourned until to-day, District Attorney Bliss was yesterday ques- tioned as to the statement made tn a despatch to | @ Wea'ern paper that the government intended to | use George Albert Mason, convicted in the April | Term of the United States Circuit Court of utter- ing counterfeit money, a3 Witness sgainst Pete | McCarty and other members of the gang with whom Mason was connected, Mr. Bliss asserts that he has no kuowledge of what the government intend doing in the premises; but he will certainly be sentenced by Judge Benedict, and then he can ouly be used as @ witness alter @ pardon has 1s- sued from the Executive. In the suit brought by Nathaniel W. Hooker against William R. Martin, Judge Van Brunt, before whom the case was tried in Supreme Court, Special Term, has dectded that the taking of the lands for Riverside Park operated 4s a foreclosure gagees are entitled to collect the awards. He holds, !urther, that the Commissioners should re- port benefit and damage separately, and that the mortgages should be reduced by the amount of the awara, The same Judge also decided yester- | day, in the suit brought by the executors of Cortlandt Palmer vs. Sophie A. Dixon and others, that the plaintiffs are entitled to judyment pay Bessie Taruer’s school bills. In that sense it | o1 foreclosure and sale of the premises described Was pertinent, but be didn’t see bow it portant to show Mr, Tracy's opinion as to Worst leature of the cast ‘The Court nally ruled that the witness could anawec whether be told Mr. Tracy ‘t Mr. Beecuer had given $500 to Mr. Tilton’s tamiiy, but they could not go outside of that. Q. Well, Mr. Woodraf, aid you tell Mr. Tracy toact? A, I did give that information, Mr, Livarts suid they did not object to the ques- tion 10 that jorm. . In (vat Conversation on Sanday did Tilton say to Tracy that he didu’t make a charge of adultery against Mr Beecher? Objection *us made by Mr. Evarts, as he sup- | posed tue cou. sel lormed the qaestion from recol- | each claimed he bad a rigat to offer Mr jection. it a8 rebuttal and contradictory eviaence. mm: | the in the complaint, unless the defendants pay | within some time to be specified in the judgment the balance found due on May 18, 1868, from Wile | ham P,. Dixon to Paimer, less the amount col- | lected upon tie award for Riverside Park, On bvenaif of about 100 laborers who were | employed on Concord avenue and Denman place, | | in the annexed district, and to whom some $5,000 Is alleged to be due, suit was broagnt before Judge | Curtis, tm Supreme Court, General Term, against | the original contractors, ex-Judge Curtis and James R. Angell appearing for the laborers and Allison & Shaw jor ‘he coutractors, A decision | Eyarts read authorities on ine subject Of the rules | was given yesterday in favor of the laborers and ofevidence bearing on this line of examination. Judge Neidson ruled that tue witness coulu only be joterlogatea to eXpiain new matcer introd: tals case, mr, Beach contended that they bad a rigl show that at (at interview he related the fact of the charge having been made of sexual in- tercourse, but when Tra suy#itisnottrne, He nis Wile bs ‘8 that Tilton said to aS PURE 48 SNOW. Mr. Tracy—I said sue Was a pure woman. Toere Was pot a word abouc snow Iu my testimony, Mr. Beach—so mach the better for the snow. Q@ In tual interview did Mr, Tliton, eitner in words or in substance, Im your bearing, say bis | wile bad hot been guilty of adultery—that was @ pure Woman ? Objected to by Mr. Evarts, who read from the evidence of Mr. Tracy, in which the latter re- counts the interview he had with wherein he asi Mrs. Tilton) Of adultery with Mr. Beec! Tiiton said, “NO; MY WIFK IS A PURE WOMAN." Mr. Beach replied, and said that Generel Tracy had testified tout he does Bot rememoer the | now serving a term of imprisonment in tne Al- poraseviogy of Mr. Tilton. The counsel only Wanied to know what had been said in substance. To withess— Weil, sir, cid ts occur, (fu the Court.) Jerring to Lhe question whico has been denied. Our withesses have denied that any sacn paper as the ‘true siury’ was ever read on that Now, Mr. W odruf, during that conversauion or at | son instructed | tuan certain specified pri avy time, did this occur eituer in suostance ao words, did Mr, Tr y to Mr. Tilton “You ¢o bot charge Mr. beecuer ot adultery with Mrs. Ti ton,” ana did Mr. Tilton say “No, my wife te pure woman.” A, Llave no recovection; Idun’s | remember. Mr. Heack proceeded to scan the pages of the oMctal report cf tne evidence of General Trac] upon this point, when Judge Neilson Tomersed, “You are taking so much evidence, lam not sur- prised that you can’t fud it.” (Laughter). q Mr. Woourull. did aaytolng ike this ecour in Janguaze or in substance, did you hear dir. Tiiton cuarging Mr. Beecner with adultery and saying could prove it, and Mr. tracy sayimg to bim “Wi our Wie, Mr. ‘Iilton?’ and Mr. Tiltow serine. “No, With another Woman or otner women,” yourememoer any thing of that Kind? A, No, nothing tuat I remember, Mr. Beach—Well, | guess that covers the whole of this bragch o: examination. Your Honor, our Teco.lections (‘he counsel) differ as to whether Mf. | up the stock to Willta tion in re- it recovery. ‘ai Woodruf spoke in his direct examin: gard lo the “true sory.” Mr. Evarts—I am certain he did, The witness—I did, Mr. Shearman—We wil cross-examine the wit- | ness in the mornin ine Judge sard, ell, f the jury are content and this witness to-day. Ra Evarts said (hat it migbt Dot be agreeable to the jury. Juage Neilson—They # re ail pleasant-looking men, And | thiok cuey will not odject to remain, Foreman Cuester Carventer—We are all willing to go, Your Honor, Juage Neilson—on, we are all willing to do that; but ere you willing to remain? | thimk we pad vetier clove (his, Mr. Evar's said, “Weil, {t is not ition of tenor fifteen minutes, our cro«s-exa this witness. Beach humorously suggested as &@ col sue | pany, and ' une Cleveland and Pittabarg Ratiroad Company, | but Lean’task the question without re- | of attorney with Taintor, as cashier, wits | eo | companies respectiveiy, in his own name, an | be cetermt in order to economize time we will cunclade with | Mason received the stock in good Jaitn and intae | . | ordinary course of business. In consigering this ju imation of @ preceient It «il occupy more time than that. | the ro- | Co, did not receive the stock in question in the Against the assignees of the contract, Judge Van | in | Brunt holding tuat a receiver should be appointed costs. | to hold the funds due; that @ referee should be | appointed to ascertain who the Jadgment and — original creditors are, and that after tne laborers | came on the stand he | gre paid, the surplus, if there is any, be paidto | *#irmec, with the assignees of the contract. A DEFAULTING CASHIER, In Februar; Lake Shore and Michigan Southern Railroad Vom- 180 Of 300 shares of the capital stock of the certificates for which stood in bis name, Mr. transfer of the said certificates, authorizing tm fame to the name of F. L. Taintor, who was then | cashier of the Atlantic National Bank, and who is bany Penitentiary on 4@ charge of being @ de- fauiter, He deposited the certificates and powers the view that the stock should sola and the proceeds placed to me credit with the bank. Afterward Mr. Wiiliam- Lor to Sel The STOCK Bt not 1638 ‘Taintor caused all the stock to be trausferred to the books oj the same time surrendered the cerut ceived irom Williamson aad obtained ne cates to the effect that ne, as cashier, w: owner of the stock. Upon these certificates aud other securities he borrowed $50,000 from & P. joan applied ty rnomas F. Mason to pay the same to Beimont & Co., an @ up the securities in their hands, Mr. Mason did this, but ab thy ume not knowing 10 wiose Dame such securitl stood, stock at the sam» was pur- Bow Mr. aving refused to give son, the latver began suit The case was tried befure Juage » Brant, hviding Supreme Court, Special Term. A decision was given in the case y the same being emvodied in @ vot clear and comprehensive auction, opinion. Judge Van runt holds that the simple question to whether Wallace Co. and question he iatimates that it is unusual for bioks 1p this City 10 borrow money at the rate of two per cent and pledge its assets as collateral. He hvulas that the duties of a cashier are restricted to tue care and management of tne property and fiscal concerns of the bank and the conduct oO} its busi- bank in th tier 01 @ baDK caunot assign | eredi: as security for the payment of deot without a@uthority from Hoard of Directors; that Wallace & M mise that tbe Court make an order toshutap Mr. | ordinary course of business and cannot be pro- Evarts for paving taken up so mucn of the tim and that he be let out alter ffeen minute Judge Neilson—The Court never makes au order nat itean’t carry out. Get ready, gente to retire. Toe Court waa then, somewhat reluctantly, ad- | Co.; that vorh Wallace & Co, a joarsed. MRS. TILTON'S LETTER, A reporter accosted Mr, Thomas G, Shear counsel tor the defesce, im Hicks street, after t adjournment of the Court yesterday, and ree quested from him @ copy of the nove handed to Judge Netivon by Mra, Tilton, Mr. Snearmi aid i—"'L Will O@ UGabie [oO give you the conten Or purport of that paper, as the matter is eourely in the nanda of Judve fison. did HOt KDOW What Was in it till aier the asjourn- ment of (he Court to-day,’ Mr, Shearman said boat the Jetter Would Rot be made puole till to | day. SIONERS, The Now Jersey Ventenuial Board of Commis sioners met at Trenton yesterday. The meeting Was called merely to periect on organization. Mr, Samuel 0, Brown was chosen President and mr. | tae time T. Quinn, of Newark, Secretary. It was agreed that | unce o | personal and | judgwenc im her favor im the court below must be the memoers «bould go to Phiiadeiphia on Friday Week and confer with the Centennial Commute siouets Of that cl y, witha view to the forming a , sed | xt trifliog matter, was renaered yesterday by overiy, anoMctat connection. No pitas were dise OF struck Out, Bad to@ Board will necting OB vail oy the Proside: ofice was located at Trenton Even the mwyers | teeted as bond side boivers; biat it is no deieuce for Mason to say that oe advanced tis money be- fore lie saw the securities; subsequent to the receipt of the stock showed | that he acted entirely 1u Che interest of Wauace & id Mason must for the conver- answer to the plainuf in damage: that the claim The plainciff te, thereiore, entitied to recover against Wallace & Uo, and Mason. | IMPORTANT DECISIONS ON APPEAL. The Superior Court, General Term, yesterday, in the suit vrouzht by Joon Schreyer egainst the city jor balance due for buliding a schoolnouse in the Tenih ward, city to amend ita anewer. | Indeotedn: bat tue Hoard of Tnetruction, whica wave the contrac’, and at the ime Was acting 1o- | a tty of the city. Mra, Wora 7 suit brought by insurance n Matuul Lie @ ie altnoug paid alt owed wen tim privii a y the coumpaayt that uot be construed into that, thereiore, the amrme Anotber important decision, although tg in the. deed. me couit, A Mrs, Lyoch bought sume Volumbia Coilege grounds, ind that the mort- | | firmed, w.th costs, . rtifcates io question. — lace & Co. having beea requested to take up | Mr. Mason subsequentiy sold Williamson's | Monell di Mason | usual apd ordinary way; tuat of the corporation to its that his Whole conducs | Mirmed the order permitting the " eee page 5: mae mane rngr The amevdment is to NEW JERSEY CENTENNIAL COMMIS. | tne effect that the city 18 not feaponstole for the paper purporting to be her last will was presented tothe Surrogate for probate. Her husband con- tended thar the alleged will was a jorgery ou tne pocms. iret, that the alleged will was not signed y the oame of Dora Frietman, but had what | was allegea as her mark affixed. Mrs, Friedman | was a lady 061 Superior education and was adie to | write with faciity in tre English ana German | languages; second, that the alleged will was mnade on the loth day of Oct be 1848, in a law. | yer's office, when at that time Mra, Friedman was | supposed to be in ber dying and several | physicians being in altendance, and third thar | the executor named In the alleged will | son distas’eful to and disiiked) by Mrs. Fr | inher Lifetime, It was iurther statea that Mrs, Friedman told Dr, You Shvening that she had never made a will, a short time belore her death, made awil. The examination of the witnesses Wes entered into before Surrogate Hutenings, | and during ita continuance a deiauit was entere | against the contestant owing to the accidental absence of his attorney, Mr, Hirsch, A motion 18 10 be made to open the delauls, ex-Judge Carns | appearing tor the motion and A. R. Dyett tn oppo- | sition, The argument is set down for to-morrow, THE TAYLOR WILL CASE. Tn the matter of the settlement of the estate of James B. Taylor, United States Assistant District Attorney Smith yesierdiy, in the Surrogate’s Court, made application for the reserve of $110,000 of the funds thereof to satisly any Judgment that may hereafter be obtained in the United States Court on the oficial vond of ex-Postmaster Jones, which was executed by Horace Greeley, Samuel Sinclair and tne testator, Taylor, ‘Te claim of the government grows out of the detaleatton of one of the attaches of the Post OMee, tor whose eccadilioes Mr, Jones’ sureties are supposed to e responsible, Counsel for tue estate opposed tue application on tre ground that it would be time enough to make the request when @ judg- ment had been obtained against tue sureties of Mr. Jones, The matter went over for a week, DECISIONS. SUPREME COURT—CHAMBERS. By Jndge Lawrence. Ball vs, The Hadson Kiver Railroad Company.— Order granted, Memoranda for counsel. Moluster v8 Engievart.—Motion denied, randum, Memo- Smith vs. Smith.—Report of referee confirmed and judgment of divorce granted. SUPREME COURT—SPECIAL TERM. By Judge Van Brant. Clemens vs. Robinson et al.—Complaint dis- missed, with costs. Feldman et al, vs. Stemmler et a!.—An examina- tion o/ the pleadings snows tnat this case must be reierred, May vs, Good; Krebbiet vs. Leslie ; Loder vs. Newman,—Judgment or plaintiffs, with costs. Kamp vs, Kamp.—Tne Court of Appeals h disposed of the only question in the case, an cannot reverse the r iecision, Lambert vs. Hope Mutual Life Insurance Com- pauy.—Demurrer overruied, witn costs. Lénmaier vs. Purcell.—Findings and decree ave id signed. eisey vs. Hegeman.—Findings settled. Hooker vs. Martin; Bruner . Meigs.—See opinion. Houbre vs. Volkening; Paimer vs. Dixon; Williamson vs, Mason ev al.; O'Rourke vs. Fine- gau.—Judgment for plaints, See opinions, SUPERIOR COURT—GENERAL TERM. By Judges Sedgwick and Speir, The Atlantic and Pacific Te\egeapa Company vs. Barnes et al.—Motton for reargument denied, Mo- granted. Opinion by Judge Sedgwi McClain, an infant, &c., vs, Van ndt,—Order affirmed, withcosts. Opinion by Judge Sedgwick. ‘trustees of Columbia College vs, Lynch and an- other.—Judgment allirmed, with costs. Opipion by Juage Speir. Horner und Another vs. Aborn.—Judgment affirmed, with costs. McQuade va, Irwin,—Jadgment reversed und new trial ordered, with costs to appellant to abide event. Opinion by Judge speir. McCall snd Anofher vs. Sun Mutual Insurance Cempany.—suagment reversed and new trial ordered, With custs to appellant to abide event. | Opinion’ by Judge Sedgwick. Smith vs. Frost.—Exceptions of defendant sus- tained and new trial ordered, With costs to de- fendant to abide event, Opiuion by Judge Speir. Briggs vs. Partridge.—Judgment atrmea, with Opinion by Judge Sedu Wick, O' Sail. Roberts.—Juagment reversed; both parties appeal; new trial orvered, with costs to abide event. Opinion by Judge Speir, Deicomyu ys. Cuamberiain.—Per curio order Dats, Wiisoa vs, King.—Jodgment afirmed, with costs, Opinion by Judge sper. Parsons et al. vs. Suiton et al.—Judgment af- Opinion by Judge Sedgewick. Johoson vs. Wijliams.—Jadement affirmed, with 1873, Samuel E. Williamson was the | eosts. Opimion by Judge Seagwick. | owner of 466 shares of the captial stock of the | Fairiax vs. New York Ventral aud Madson River | Railroad Company,—ie-argumeut ordered, | “Armour vs, Leslic.—Order overraing demurrer | aMirmed, with costs, By Catet Justice Mouell aud Judges Curtis and spetr, . | Moody vs. Andrews and another,—Exceptions him whether he accused bis wite | Williamson atsached blank powers ol attorney to | overruled and judgment ordered for the plaints | a - verdict, With costs, Opinion by Judge Durtis, Schreyer vs. The Mayor, &4c.—Order ad@irmed, With cost+. Opinion by Chief Justice Mouell and Judge Curtis. Baldwin et al vs. Tallmaage.—Judgment affirmed, with costs, Opinion by Judge Speir. Oakley ve, The Mayor, &c.—Jadgment affirmed, With costs, Opinioa vy Ciel Jastice Monell, Weston and another vs, Ketcham aad anotner.— Moun for re«irgument denied, with costs. Opin- | 100 by Unies Justice Monell. Hogan vs. Luimpeer.—Judgment affirmed. Opiuion by Jadge Spetr. a | age President, &c. of the Inusranse Company 0 North America vs. Gardener.—Judgment and order affirmed witn costs, Opinion by Chief Justice Monel). Roverts vs. White et al.—Judgment aMmrmed With co and order modified, and, as modifi aMirmed with cvsts. Opinion by Chief Jusih Wallace & Co. Suvsequentiy Wallace & Co. por- | Monell. | rowed of Beimont & Co. $60,000, depositing | Worden vs. The Guardian Mutaal Life Insurance | with the latter firm, among other col- Company of New York, Judgment for piaintim, with costs. Opinion by Jadge Curtis. De Peyster vs, Marphy.—Judgment for plaintia = —— with custs. Opinion by Chief Justice onell. Eldridge et al. ve. Strong et al.—Order affirmed With costs, Opinion by Judge Curtis; Culef Justice enting. y Jusges Curtis and Speir Sander vs. llotme aftirmed with costs. Opinion by Jnage Cur! | Wireman va fie Remington sewing Machi Company.—Uriler reversed, with costs to avide the event. Opinion by Judge Curtis. By Chies Justice Monel and Judge Speir, Alfaro vs Davidsou.—Order ufirmed, witn costs, | Oginion by Juage speir. Hissong (by guardian) vs. Hart.—Order af- | firmed. witn costs. Opinion by Chief Justice Mo- neil and Jugge Speir, | SUPERIOR COURT—SPRCIAL TERM. By Juuge Sedg wiek, Tal nadge.—Counsel will appear at Genera! Term room on May 5, at half-past teo A. M., for settlement of order. j Rock well et al. vs, McGovern et al.—Ci and ordered ou file. By Judge Freeaman, Knapp vs. Bergoaus; Ciapp et White vs. |. va. Price; Wade vs. De Leyer.—Motwns denied, with $10 costs. Lutiow vs. Boyian.—Motion and extra aliow- ance of five per cence granvea. Ovo Key noers,—Motion, granted ana the | matter complained of stricken out as trreievant, With $10 costs. Manilia vs, Wiillams,—Deiendant’s motion to Vacate injunction is denied, with $10 costs, Memorandum. Bertrand vs. Carl.—as both parties object to a sale at the present term the application is denied, without prejudice to. a renewal at some iutare ume. Morgan et al. vs, Robbins et al.—Motion | eran ewan ct al.—See memorandum, Motion ior continuance of in- 4 temporary injunction dis suived, With $10cosis, Memorandum. Chapman vs, O’Brien, Sneriif, &¢.—Memoran- ‘um. | Koox et al. vs, Bangs et al.—Ord ttled. | _ Woolf v3. Jacobs et al.—Motion demled, with $10 costs, Memorandum, By Chief Justice Monell. | ordered on fie, Roe vs, Koe,—Case ordered on fie. . COMMON PLEAS—EQUITY TERM, By Judge J, F. Daly, Belirond vs, Saenger,—Jaugment for defendant, Wich COME, Bacnue! Pfeifer ot al et ai.—Judgmeut jor platatilts, Earle va. Thompson,—Ju Opinions tn eaca o: the above Clerk o} Equity. COURT OF GENERAL SESSIONS, Before Judge Sutherland. OPENING OF THE MAY TERM, In the Court uf General Sessions yester fore Jado Sutuerlund, the May Torm was opened, ment for defendant. the aes with and that she never told ner husband of haviig | ee | Van Dummer vs. King ; Hook vs, The Mayor, &¢,— | | without covenant was a tion ior leave to appeal to Court of Appeals | Opinion by Judge Sedgwick. | ously entering the saloon 0} Louisa Koekler, No, lis Waiker street, on tae nignt of the 18th of last month, pleaded gulity to an atiempt at burglary in the third dezree, One year tn the State Prison Was the sentence. COURT CALENDARS—THIS DAY SUPREME CovaT—CHAMBERS—Held by Judge Law: rence.—Nos, 3, 5, 8, 8, 18, 137, 146, 162, 160, 168, 170, 190, 228, 239, 248, 249, 254, 257, 275, Call No. 276 up to and including 23) Surreme Court—GeneraL TERM—Held by Judges Davis, Danie.s and Brady.—Nos. 81, 82, 83, 864g, 87, 89, 90, 110, 120, 121, 122, 123, 124, 125, 126, 182, 183, 134, 135. 156, 187, 138, 139, 140. SUPREME COURT—Srecian TERM,—Adjourned ‘until Monday, May 10, 1875. SUPREME COURT—CinCUIT— Part 1—lield by Judge Dovotue —Nos. 1818, 1103, 1096, 931, 1251, 27d, £43, 1239, 1341, 1251, 2789, 1605, 1393, 1403, 13434, 2893, 1413, 1415, 1417, 1425, 1427, 1431, 1433; 1435, 1487, 1441, 1443, 1447, 1449, 1451, M07, 1459, 1461, 1463, 1465, 1407, 1450, 1471, 147135, 1477, 1479, 1481, 1483, 1483 45, 1485, 1489, 1491, 149135, Ldv7. ait 2—Helda by ize Van Brant.—Nos, 258, 1256, 1708, 1165, 169, 2774, 980) 1404, 1414, 1424, T1d, 4524¢, (1433, 1443, 1454, L4od, 1465, 1176, 1485, 1028 2788 = Part 3 Heidt by Judge Barrett. ‘241, YB1, 537, 1201, 1207, 1305, 1023, 1185, 209, 983, 55, 1873, 1387, 1213, 1811, 2721, 4576, 828, $37, 672. SUPERIOR COURT=TRIAL TERM—Part 1—Held by Judge Curtis. Nos. 1067, 817, 1006, 1019, 1839, 199, 905, 681, 585, 418, 1963, 1087, 1955, 1957, 967. Part 2—Hela by Judge Speir.—Nos, 902, 1022, 1054, 1140, 1174, 1052, 110254, 1104, 1106, 916, 490, 018, 1138, 428, 119: Supewion CovrT—GENERAL TERM—Held by chief Justice Monell and Judges Freedman and Sedgwick.—Nos. 6, 11, 12, 18, 14, 16, 16, 17, 18, 19, 20. SUPERIOR COURT—vENERAL TeRM—Held by Judg Vorst.—Nos, 22, 23, 87, 40, 19, 21, 24, 26, COMMON PLEAS—IRIAL TEeRM—Pgrt 1—Held by Judge Loew.—Nos, 286 3¢, 281}, 523, 209, 154. 1408, 1205, 1882, 49, 1501, 1257, 803, 1431, 624, 2340, Part 2— Adjourned tor the term. COMMON PLEAS—GENERAL TERM—Held by Obie! Justice Daly and Judges Robinson and Larre more.—Nos. 91, 28, 91, 45, 98, 99, 100, 101, 103, 104, 105, 106, 107. 108, 109, 110, 870, 87¢. Maing Court—tRiaL '1euM—Part 1—Held by Judge Gross.—Nos, 2258, 2247, 1933, 2182, 2211, 205 1763, 286, 2261, 2204, 2269, 22 15, 2277, 2278, | Pa Heid vy Judge Joachim .—Nos. 10, 2253, 1592, 2134, 2279, 2240, 2282, 2233, 2284, 2288, 2290, 2291, 2293, 2204. Part 3—Heia by Judge Alker.—Nos. 8507, 2016, 2017, £927, 3347, 1529, 3063, 3061, 2397, 8292, 8385, 2561, 8381, 3372, 3334. CoURT OF GENKRAL SEsstons—Held by Judge Suther!and.—Tbe People vs, Tuomas Murphy, roo bery; Same vs, John Mashado, perjury; Same va. Vimoshy Madden, burglary; Saine vs. Ricnard Daviuge, felonious assault and battery; Same vs. Jon Stewart, felonious assault and battery; Same vs. Jennie Stecie, grand larceny; Same Vs. zeman, grand larcehy; Same va, Henry Downs, grana larceny; Same va, Mark Waliace, false pretence, COURT OF APPEALS—DECISIONS, ALBANY, Friday, Aprt 30, 1875, Below will be found summaries of some interes® ing cases just decided, PRINCIPAL AND AGENT—RATIFICATION, Remington vs. Palmer.—tn 1870 deiendaut owned premises in Rochester, and agreed Lo sell to pl tit for $20,000. Deiendant appointed an attorney nawed Harris, Who couducted the negotiations by “velegraph. Betore aelivery of the deed plaintit discovered an encumbrance which he wisned de- ducted from part payment of $6,000 paid down, Tne $5,000 was paid, ana also remainder of price agreed upon, but with the understanding that de Jendant should pay the dssessmeuts when due, Detendant refused to pay the assessment, Upon the ground that the a¢ceptance of the deed waiver of plaintura presumed rights under the negociations. riain- Ulf claims thut the acceptance of the price o; the property by defendant was a ratitication of his negotrations with the agent Harris, Upon trial plaintii? was non-suitead and 2 motion fora new trial denied. ‘the piaimcid’ bas appealed irom the judgment of tue Supreme Coart, and the Court of Appeals have reversed the judgment and or- dered a new trial, costs \o abide the event, SAVINGS BANKS—RIGHTS OF DE?OSITORS—FORGERY, Appleby vs. Erie County Savings Bank.—Piain'if deposited with defendant $925 60, One Clarkson abstracted the plain‘ifl’s pass book from his trao forged @ receipt for toe money due thereon a drew tne same irom the bank. Tne tnief has not been found. Defenda: bylaws | Material difference between tae lorged | | | Sapreme Court. | orcer of the Uounty Cours, denyn: settled | | of some $856, deposited ina savings bauk. Rancks ve. Stevenson et al.—Oase settied and } Arnold vs Coar provided that possession of the pass book was suficient evidence of OWnership to authorize tt payment of moneys doe thereon, Tuere wae ignature and the plaiotif’s signature as written in the Bignature book ot deiendanut. Detendants cam that having over 25,000 depositors it is impossivle that the oflicers of toe vank can recognize tuem all. Court held substantiaily this view of tue case anu directed 4 verdict for deiendant, Upoo appeal tnis ruling was sustained, Plamtuff baving brougut bis case here the Court have aflirwed the Judgmens oi the Court below, wit APPEAL To COUNTY Bigsby v: “trover” for the conversioa of plaintif’s horse by deiendaut, Piaintii! demanded $100 damages. Case was tried im the first instance pefore @ jus tice of the peace aud Judgmeut rendered tn lavor of the plaintif for the amount claimed. Defend- ent appealed irom this judzment to tue County Court, claiming that It should beve been more juvorable to him. A new trial was fad in the county Court, before a jury, and judgment was here rendered in favor of tne plaintuf for 83 88, Costs were taxed by the Clerk im favor of the plaintuf at $161 25, aod pluintt entered jndgmeot for $235 18 against the defendant. Detendant moved to strike out the costs inserted and claimed that the judgment renderea tn the County art, being more tavol able to him by over $19 than the a cul i. counT—cosrs, nd action im the natare of | peaied from, be, the defendant, was entitic cosis. This motion was denied and the taxation by the clerk affirmed, Defendant appealed to ti Tee appeal was neard and t he mutio ‘was affirmed, wit $10 costs. Ar suosecueutly granted, and in 157 Term, sitting at Alvany, reversed the order of the County Court and set aside the @d~ justment of costs and the judgment as entered, ana directed the Cierk oF Cortiaud county to adjust the costs im favor of the deieud- ant and appellant, to deduct thererrom the dame | ages awarded to the piainui in the County Court, and that deiendant have execution tor the bale | ance, Defendant entered judgment against the balance of $53 44, From this eniry of judgment plamtuf apoeaied to the Supreme Court, Juagment was here affirmed, with costs, An appeal was subsequently alowed to the Cours of Appeals aud tats Court has now affirmed the judgment of the Gevcral Term, with costs. MALICIOUS PROSECUTION. Heyne vs. Biair—An action for alleged damages plasa tig or tu | through malicious prosecution aud jwise imprisons ment at the instance o1 tue defendant.—Plaiutmt 1s & merchant at Syracuse; deiendant is a noe broker at te same piace. One Ack®rimann, o1 tne same place, bad been an indorser on plaintides Hotes, Detendant discounted two notes for plain. 300 each, LOL purported to ve Ladorsed b; rmann. belendant says he became convin thatthe iodorsement upon one of trem Was @ forgery, He wrote to Ackermann, and subse quently took the mote to @ bank and mitted it to the teller, who pronoun the signature @ probable forgery. De endant swore outa warrant and had piaiatt! arresse: Piainti was kept under ar. est ai ont. In the morning Ackermann, being fuund, acknowledged the genuimencss 01 (ue indorsement and plaintifd was discoarged. Plaintuf claimed $5,000 damuge + Upon trial (Sopreme Court) judgment was di- rected jor defendants, Upon appeal @ new trial was denied aud the bon-suit allirmed. Plait uppealea to the Court oi Appedis, and thls Court has reversed the judgment of the General Term | and ordered @ vew triai, coars to abide the event, PERFORMANC: RUST ESTATE, SPEOLFIC Hopkins vs. rey Syisiog out O1 vn argumeay for the sale of certala property i Morrisavia, Weatenesier couvty, by the plainti? to ‘ue delendant. In 1860 Margaret Gillen, Widow of Thomas Giken, presented & peti: tion to tue Supreme Gourt im which sue alleged that ske Was married to said thomas Gillen im 1857, and at tue time of her marriage Was pol ere] she placed tis money in the hands of her husband to purchase the property jor her. al” tego a the proserty with ler money too & deed in bis OWN Hume without knowledge or permission, He promised to the deed corrected so a9 tO vest the | ttle in her, but died before he could take the ne ‘The omy beir-at-law of sali Toomas Gillen was Christophor Gillen, an jofant cnid ot bis deceased brovner, The petitioner prayes for an order directing the conveyance of the prop imiant ty her. A guardu | cessary ste lain ct 4 and takes fis tt the proceedings recited. the proceedings under ine petition were and tiat the fofant neid in trast upoo Was improper in form, and the guardian ad litem had no power to Waive o jection tolt. A. Was agree! Upon without action, and submit LS the Supreme Court (Brooklyn), and ja