The New York Herald Newspaper, June 10, 1875, Page 8

8 THE COURTS. {nterest of Trustees in the Erie Railway Mortgages. BINGULAR INTERRUPTION TO A TRIAL, Verdict of Manslaughter in the Fourth Degree Against Philip Olwell. The Farmers’ Loan and Trust Company, as trus- tees of certain mortgages by the Erie Ratlway Company, bas fied in the County Clerk’s office an answer setting fortn its interest as such trus- tee in the suit brought by the Attorney General against the Erie Railway Company. On such an- Bwer being Mled Judge Donobue yesterday issued an order extending the receivership to such trust mortgages. Jonn J, McNamara, of No, 251 South street, was yesterday brought before Commissioner ‘Shields on ® charge oj doing business ass retall liquor dealer without paying the special tax required by law. He gave $500 ball for examination. It is the Insention o! the collectors of internal revenue bo prosecuie vigorously this class of c: Tm the suit vrenght by Henry C. Ferguson against Louise Perguson for divorce, on the yround of adultery, 'he !:cts of which have been Beretofore published, Jucge Lawrence yesterday pave @ decision upon the petition of the mother for the custody of the child. He allows the child to remain with its father, bul with permission for the mother to see it at proper times. As to the | question of alimony aud counsel tee he directed an examination ve‘ore areieree, Mr. D. being named ach referee, Ip the suit brought by Catherine Donovan against the Compagnie Générale Transatianique for $5,000 damaxes for loss of a case of merchan- Gise, consisting of velvets, silks, embroideries and millinery goods, shipped from Havre for this port, on the steamer France, the ans r sel up that the goods !n question were smuggled goods. A motion was made iefore Judge Van Vorst, at Special Term of the Superior Court, to strike out such averment tn the answer, In his decision yesterday Judge Van Vorst granted the motion.Solding that the purpose of the plointift Bad nothing to do with her contract with tie de- fendants,and did no* relieve them from their pbligations as common carriers. Eugene A. Heath has brought sult against 1heo- fore P. Austin to recover $10,009, the price of cer- tain shares f the Heath & Smith Manufacturing Company. Nearly all the testimony was sub- Mitted in the trial of tne case yesterday before Judge Freedman, of the Superior Court, when Beath was arrested on a warrant issued by Judge Bixby, charging him with perjury. On the arrest bf Heath tne trial was at once suspended. It is anderstood that the alleged perjary refers to the destimony given by Heath at the trial of James H. Ingersoll before the Court of Over and Terminer regarding the indorsement of the names of Heath & Smith upon certain warrants on ‘weasury. In the United States Circuit Conrt the c The Milwaukee and St. Paul Railway Company vs. William Barnes and others came up for argu- | ment yesterday deiore Judge Blatcaford. A cros! bill had been filed by Mr. Barnes for the purpos of enforcing the rizhis of thira mortgage bona- Dolders of the company in question, ander a deed | ef trast wnich had been executed to him. The mount imvoived in this $1,100,000, The facts of tne case have been already fully reported in the [izgaLp. The ground Upon which the cross Dill is chtefty ri the title of the railway company to its property has, in diferent forms and in many instances, be- @ome res adjudicata in the United States courts ef Wisconsin and in the federal courts at Wash- tpgtor. Mr. F. N. Bangs ana ex-Jucge Porter ap- pear as counsel for the railway company, and Fravcis Fellowes, M. H. C:rpecter and J. B Stewart for Mr. Barnes. THE MURDER ON THE ROCKS. The trial of Philip Olwell for the murder of James Orr, in Apri! last, in Dis snantyon the frocks, between Seventy-elzhin and Seventy-ninth streets, near Fourth avenue, was resumed yester- fay, before Judge Davia, in the Court of Oyer and ferminer. A large crowd thronged the court foom. The prisouer occupied a seat beside Mr. W. F. Howe, his counsel, but showed mucn Jess nervousness than on the opening day. Mr. Darling, of the Fifth Avenue Hotel, and other witnesses tqstifed to tne good character of the prisoner, Rich closed the testimony. Mr. Howe then commenced to sum up for the flefence. Aller alluding w the good cnaracter of the prisoner. which, lie said, should go a great way in bis favor, he reciten the details of the trageay. He insisted that the veceased, having become crazy irom the eitec qT, artacked the prisoner, who klil No one saw the commission All-seeing One; but the cir sertainiy corroborated the prixoner’s version of the ead affair. He would say nothing about the la’ applicable to the case, but would, with en tire confidence, leave tuix to ine ! fhe facts of the case he would wita like cu leave tu the good judgment of the jury. He Bh hoor and a naii, eo" earnestly iwp.orea an Quiital, anu ipsistes that Wf tiey could Dot alto- gether acquit the most tev could do was to con- Vict of manslaughter in one of the lesser cegrees, Mr. Rollins followed la a «peer of adont equal veny He pronounced tie kul- fog of Orr a deubera d-oooced inurder, and Insisted that the facts would only justuy a comvice ton for mureer in tue first degree. 5 dodge avis wost abiy ana careiniiy and in a Most lucia cuatge reviewed the testimony and 4 bearing onthe case. The spied heariy two hours im bis charge, Which was most and impartial, leav- ing tue jury to be the juoges of Ince in the case— the Most extraordinary case, sav the Judge, which had ever come within hin experience. He Most seeiing!y aliuaea to of tne flena abd devil—woiskey —at the the murder, and dwelt upon tne case as enting a depiora- Die result of moxiceting siqaors, ‘The jury Went out at Hail past four o'clock, and eta lew iniputes past five orourn: im a verdict of guilty of mansiouznter in the foursh degree. The woner Was reimanued for sen nt that he wes more then Verdict, and so Were tis bost VALUE OF A HUSBAND. In July last a stevedore, named Jemes Burr, was Wgaced in Unloading iron irom the stip Mauri thus, st pier No. 11 North itiver. ie had purtiy Sblosded the vessel and while standing upon the pier it suddeuiy gave away ana Mr. burr was thrown into ihe river. He had abar of iron under Bis arm when he sank and it was found still lightly clasped 10 Wis sive When the body was re- qeovered. His widow, Eu burr, orcaght sais Aguinst ve 2 levsces of the Pier, for $5,000 damages jor ber hus- band. The case was trea Fee’ re Jodge Movell, in Superior Court ¢ devence ‘Was Wat the deiendanss eas pier and were Bot responsible ‘or ite berms Kept rm reparr, as th ries from who the ase : eed to sce that it was alway< ones ad roe jury rendered a verdi . ov. r Widowed Dieintul, MARINE COURT—PART 2. PHISICIANS’ PROFT Bevore Margaret M. Pease i This Was & snit ior damarer 4 a sianderous who ® the physt Words aiveged to fendant, who is a pare Professionally on the pia services were & ord ireqd he sent tm ms DI, bat wos relcees 2 plow giviag bo reason tor toe + t 4 brows ot the c we 7 District © Upon tee ‘ tnewer to ome that me en we min wi ti, WhO Bawing the reniatks of wit the grouad oO tuls suit, ihes evidence, A WOKON Was Made F) nt, vb the ground that seg In answer, it wu c atioweu et iT) tha payer sta an. revealing auy tug mirus ed to him, ave took the case Out oF tue opereton of & ate, ‘The Goart severely censured tie conduct o the efendant, but was compelicd ty dismins the con pamt, Delcing that evidence thus given, espect- the Hee: Irom discage or oat ints. C, Calvin | the city | of) Litigation 1s about | sted is that | NEW YORK HERALD, THURSDAY. JUNE 10, 1875—TRIPLE SHEET. platntif’s busda: could pot be t ally in apswer cou! jore Judge Koch, suoject action. DECISIONS. H SUPREME COURT—CHAMBERS. Byd Donobne, Vryday vs. Vryda, ieree’s report conormed, | and order granting decre* 0’ aivorce to plain. By Judge Lawreuce. Tue People, &c., vs. The New York and Staten Isiand Ferry Company.—In view of the moaiiica- tion 01 the injunction which Las been assented to by the Attorney General, | am of tne optnion that the preiimtnary tojunetion should be dis-olved, and without passing upon the interesting and im- portant questions which were discussed upon the argument, I direct that aa order ba entered (is- | solving rhe injunction, with cost«. It may ve that upon the trial tae plaintils will establisa their Tigut to wn injunction, but the modification above reierred to renders i{emineutiy proper that the Court should nov interfere ua the issues between the parties can ve regularly tricd and deverminea. In the matter of Lehmaier.—im this cess I do Not feel justified in appotnting » committee with- out requiring security, st least se fur as tne in- fants are concerned, “As to the tnierests ol the infants the usual bond musi be given, Coler vs. Kountze.—I dissoive this injunction for the reason that the aidavit of the deiend- autsrefutes the allegations of the complaint on | whieh the injunction was maioly granted, and also because it does not appear that the delend- ants are pot able to respond in an action at iaw auy damages which the plaintiff! may sustain. Mo- tub deuied, with costs, Ferguson vs. Ferguson.—In this case I shall allow the child to remain where it 18, with lioerty to the defendant to see it at ull proper times. The derendant, baving denied the adultery charged, 1s entitled to a reasenabie allowance lor a counsel | Jee und attorney, Todetermine what isto be & | reasouable sum to be allowed to the deendant Referred to D. G, | there must be a reiereuce. | Calvin, | SUPBEME COURT—S8PECIAL TERM. | By Jade Van Vorst. | _ Kirehers vs, Schloss et u.—Fiadings settled and signed, | is 3 Judge Donohue. | Snodgrass vs. Kreuka.—Judgment for plaintiff on demurrer. See opinion. SUPERIOR COURT—SPECIAL TERM. By Judge Van Vorsr, Lyneh vs. Divers.—The examination does not satisfactorily establish tant the ncney In question belongs exciusivels to Lynch. Divers has en in- terest in the same and ne has nad no no Ice o: this application. Application dented, without costs. Donovan vs. tne Compagnie Générale Transat- lantique.—Motion granted. See opinion. Otto Reynders.—Inujanction continaed, TOMBS POLICE COURT. Before Judge Kulbreth, ARBEST OF A CAR PICKPOCKET. Arnold Muller, of No. 79 Fulton street, was riding up town ona Third avenue car a few nights ago, ‘The car was crowded, and beside him there stood and jostled occasionally a tall youngman, At Twenty-flith street che tall youth was pulling at | Mc. Miller's gold watch, Mr. Miller did not un- | derstand auch fooling, and prowptiy causea bis arrest. On being taken to the station house he gave the name of James Wilson, and said he re- | sided at No, 220 West Thirtietn street. Yesterday , Justice Kulbreth heid nim for triai, CHARGED WITH EMBEZZLEMENT. A respectavle appearing man named Arthur be- | nd seoured by tho mortgaze an | came it | mooeye depositea by them, upon the ground that Hartman was arraigned for embezzlement. Hart- — man was aclerk in the employ of Jopn Bruning, doing business at No, 198 Wiliam strees. It was charged that he collected from R. H. Macy & Co, $66 00 on beball of his employer, and appropriared the game to nisown use. He denied tne charge, and his counsel, Mr. E, Price, waived an examiua- tion, claiming that althougn the defendant muy | have used the money 3e nad oO criminai intent at tue time. Bail $1,000. ARREST OF A PICEPOCKET. | James Bradley was held to answer.ona charge of attempting to ptck the pocket of Miss Louisa Senwer, of No. 248 Clinton street, while whe latter was walking through Harclay street. | CAREYING CONCEALED WEAPONS. Jonn Troy. a native of the Hub, was heid to an- swer for carrying concealed weapons. o arrested him found on his person 8 aurk knife. a pair of brass Knuckles ands | revolver. Bail $1,000, FIFTY-SEVENTH STREET COURT. Before Judge Kasmire. TUE WIFE BEATER, THOMAS SPKOTT. Thomas Sprott, who was committed yesterday to await the result of bis wiie’s injuries, inflicted upon her by him, the same man who was seat te the Isiund abuut a monta since by Juage Wan- Gell tor cruelly beating his intant sou. COURT CALENDARS—THIS DAY, Scurrsme Oovunt—OCmaMeers—Held by Judge Brady.— os. 73, 93, 101, 117, 131, 136, 130, 148, 171, 196, 200, 211, . 239, 250, 268, 269, 271, 278, 285, 296. 303, 304. SUPREMR COURT-—SPECIAL TenM—Held by Judge Donoiwe.—Calenuar called at ten A. M.—Demur- 10, 15, 16, 4, 6, 25. Issues of law and 231, 225, 404, 471, 334, 522, 443, 431, 7%, 474, 475, 476, 477, 473, 479, 480, 484, 456, 430, 437, 458, 489, 400, 491, 492, 497, 495, 499, 500, 501. 502, 503, 504, 503, 508, 509, 510, S11, 512, 613, 514, 515, 516, 524, 5%, 528, 52 29, 530 34, 585, 636, 587, 53: SUPHEME COURT—Cracurt—Part 2—Held by Judge Lawrence.—Nos, 980, 1404, 1485, 1522, 15645, 463, 1284, 1094, 1554, 1128, 845, 34815. 2615, 6, 146, 1218, 1220, 2558, 3174, 1194, 2902, 1000's. Part 3—Hela by Nos. 1581, 3128, 823, 1355, 953, E 3001, 3039, 2749, 1203, 7, 951, 4, 8), , 1393, 1621, 22455, DUP 651, Part 1128, 1 20, 1950, 916, 1152, $12, 2110, 1126, 655, 1044. Sepeniok CocrT—GsneRat Term—Held by Judeesdurtis and Seagwick.—Nos. 1, 13, 15, 16, 33, 3A, 5, 3d, BB, BO, 40, 41, 42, Ah yenion COCRT—SPECIAL Tenm—Held by Juage , BB, 43, 44, 45, 2 16, BT, 42, 52, lenm—Part 1—Held by 1431, 1959, 2440, 2543, 4¥, 1009, 739, 2504, 1289, 504, Held by Judge J. F. . 1450, 2505, 523, 2453, 1478, 1479, 1490, 1483, 1494, 1435, 1489, 1488, 1489, 1490, Commun PLeas—Equity Tenm—Held by Cortef Justice Daly.—Nos. 1, 66, 28, 42, 25, 55, 56, 58, 62, 1145, 1169, ASI RIAL 2826, 1816, 1817. Daiy.—N ” 63, 69, 70, Martse Cocrt—Triat Tenm—Part 1—Held oy de Alki No. 2 4309, 1563, 4, 2071, 009, 2610, 0, 4404, Part 62, 200% 4361, 2 235, 4350, McAdam.—Nos, 2002, 2263, 4 138, 2085, 2641, Davis. — 05, en—leia by Juage homic.de ; izaveth Munker, ¢ Ray, burgiaty. RAL SEsstONS.—Held by Recorder veo le va Frank Wiliams, rob- : vs. doun Kirkiana, robvery ; Same vs. Wilaw Hoye aor Thomas Barly, burgiary; same vs. Thomas sullivan, hagene Vi and James Keily, burglary; Same vs. Jono Keynoius, Henry swift and Joun Fay, borglar Jona yre ana Joon Cofey, burgiary: Same vs. Frea- ick Cash, e)0uloUs d*sault ava bactery; Same Jona saluvan. grand larceny; Same vs. Joun Grovan, granu iatceuy ; Same vs. Max a arand luceny; Same ve. Margaret Cark and Jaue oxes, grand larceny; Same v& Charles beauet, e ny; Sum tay darbi'z and Al- % @rand Same vs, Thomas Hanter, grand larceny; Same va. Julius Hurter- auuver, grand larceny; Same vs. Mary J. Bord, graud larcen me vs, Bar ara Raab, grand ar- a iar Same vs, Clandins conhy; Same v-. ihomas Thompson, gra Same vs. doin Ke nedy, grap larceny Henry Breod, grand tarceny ‘a Dord, receiving stolen gooe assaut «nd hue and Coristian Stork, petit tare Jouun Moriarty, vetit jaroeny; Same va, geret Finn, petit larceny; same Va. Coarles Otto and Philip Mietly, talse p COURT OF AlVPEALS—DECISIONS. MORTGAGE WARRANTY DEED. judd vs. Sickine.—Upon the th day of Decem- ber, 1°69, the detendent being in possession under a tract with the plaimtia (or the purchase and save of the premises named im the complaint herein ad having paid to the plamt tre fail amount of the purchase money thereior, executed thereon 10 one Sellew and one Papple, cintly, to secure the paymenc to them of a cer- Wain nete made to their order by defendant ior he sum Of C058 2. fas Mor gaue wae duly ackbow edged December 27, danuary 7, 1570. Upow the 14 p to ti i his Gee@d Was p a hay of iuued above the wor/gagees to pl rein for value, «ud thin ACtiON WAX commenced tO loreciose the Ka Apri: 21, 1873, 1 etion was tried at Special 1 (Cattarau county), beore Judge Charies Danisis, Woen it appeared in evidence that woen the mote for $969 25 Was made oy Sicking ‘The officer | | foliowing state of facts in his compiain se it Was not paid, but Lhree other Do’ of the defendant, inaco:sed by the piaintifl. were substituted therelor, all of wien became due prior to February 1, 1872, and were, as they be- came due, taken up and paid by plaintiff and heid by him. Delendant claims toat the plainuft in thus taxing upand holdmg these noes made him- self the real owner of the mortgage prior to Feb- ruary 1, 1872, and ‘hat he was svc) owaer in fact at the time he delivered the full warranty deed the defendant, and oy such delivery merged the mortgage in the deed and estopped himsel from making any claim thereunder. ‘The Court found tae facts as bereipbelere set jorth and as 4a conciusion of law that the premises were discoarged from the lien of the mortgage by the terms of the piaintifs deed, wnd that the piaintifl was estopped by tne covenant therein from entorcing tbe mortgage against the )rem- ises, Judgment w rendered ior deiendaut, dismissing the complaint, with costs. Upon &p- peai to General Term (Fourtn Department), judg Ineot Was reversed and a new trial granted, Cost: to abide event, Juage Smith writing the opin- jon, 1 which he no.ds that tae covenaota in tue ceed Were Only against the grantor’s own acts, aud cannot ve construed to cover the acts of the granior and licns snd encumbrances created by him; also, that the deed, by relation, toog effect @t its dace (February i, 1809), and was, thereiore, prior to the mortgage, whic b date December 2a, 1869. ‘Thus the mortwaxe became a valid lied upon the property. From this judgment and re- versal deiendant appeaied to the Court of Ap- peals, where the order of the General Term nas been affirmed end judgment absolute ordered for responacnt on stipulation, wiih costs, + FORECLOSURE SALE. De Forest va. Farley.— Chis w: ao appeal from an oraer o/ the General Term of the Firat Depart- meut, aM@rming an order of the Spectul Term, denying the motioa of Aaron Altmayer to vacate asale made to him under the decree in this ac- tion and directing him to complete tis purchase. — ‘he action was brought to foreclose a mortgage made vy defendants, At the time of the com: | meucement of the action one Chris:opner Keyes was the owner of the equity of redemption. When toe mortgage in suit Was executes tie premises, consisting O! four lots upon Sixty-ninth street and Lexington avenue, New York city, were unim- proved, but belore the commencement vi the ac- Ton SIX NoUres had been erected thereon, None ol the de‘eudants auswered except Keyes, who in- terpused a frivolous answer. ‘Lae catise Was placed upop the Speciai erm calendar, and when calied | mm its order Keyes cvpsented that th: plain tit luke juugment as prayed in the compliant, No testimony was taken, and che flodiigs ol the Juuge (Charies H. Van Brunt) were identl- | cal With tue allegations of the complaint, A ac- cree was entered directing a sule ot the “entire mortgaged premises’? by a referee, the moneys readzed tnererow to ve first applied to the pay- Ment of the mortgage devt ($14,447 04), and the remuinder, alter payment of costs, &c., to ve de- postied with we Chamberlain of New York city. to the credit Of the actiou,” &c, The house and jot first sola brought the sus of $19,650, being & m suM@cient to pay the mortgage dept and ail costs, taxes, assessments, &c., Wilch Were lieus upon the property, ‘ine premises were ail sold, and the appeilant herem purchased the flit tot sold, Lhe Jour parcels sola previously thereto | haa realized $64,475, and all the purchasers aad signed the terms of sale ANU paid the proper de- post:, This 18 one O: several proceedings inetituced by the several purchasers at che sale to set aside the same and ior tne return to them o: the in_ controversy be- the Special Term exceeded is authority in directing a sale of tne whole premises, and that wea once suffictent mouey had been real- ized upon the sale to pay of the existing tudebi- euners tue jorce of the order was expended and all subsequent sales void, ‘fhe motion was heard in the first instance by Judge Abram RK. Law- rence at Special Term, when 1 was denied, and ‘Chaser directed to complete his purchase, peal tu General Verm (deiore Judges Dav.s, Daniels and Brady) this order wi aftirmel, with $10 costs aud dispursements to be paid vy Altmuyer, sudge Davis writing tue opinion, wherein ne holds that, under establisned prec dents, tne Speciai Term had power vo direct a sal ol the entire premises, and the matter beimg withip the jurtsdiction of the Quurt, a stranger to the judgment, such as the appellant, canunt attach the decree upon the grouaa that it 1s im- provident, Aitmayer appealed to tbe Court of Appeais, where tae order of the General Term bas been afirmed, With cos's, LIBEL—FRIVOLOUS DEMURBRER. | | Armstrong vs. Weed.—Tnis was an action for bel artsing out of the political campaign of 1873 in Clinton county, and the plaintiff set fortn the ‘That | plaintiff 18 a private citizen, residing in Clinton county ani holding no political office; tnat in | 1873 the defengant, Smith M. Weea, wasdemo- cratic candidate for Member of Assembly for Clin- ton county; thaton October 21, 1873, Amasa P, Wood, the repubiican candidate, withdrew from the con- | test, and suosequeutly publisaed a letter, whereia | he gave his reasons for declining to run, and, | among other reasons, stated that ne had received a letter from defendant m which tne lagter | offered “thecif be (Woou) would wiindraw then he (Weed) would wave suca action taken by the Democratic Scnatorial Convention us would be in | the interest of Wiliam Taseg, Who Was ranoing a8 repubitcan candidate for tne office of State Sen- or 1m the Sixtecn'lt district, and tuat he would have Wiliam Fitzpatrick, the then democratic nominee irr County Clerk of Clinton county, Wiinoraw or would secure his defeat.” That de- Jendunt, in answer to this letter, published by | Wood, issued and distriputed a circular wherein he charged the pletotit with writing and circulat- fog the Wood letter and declared toe same to be whol false, and also charged pluintif® wi'n “wale fuliy and meliciousiy uttering end pubil many falsehooas against him (the der because ne caunot use me for nis evil aud purposes.” That in a sucsequent ¢etrcuiar, issued November 1, 1873, defendant again charged plain- UT with issuing and publixniag the ‘Wood’? tet. ter; also witn pudusbing ‘infamous lies” regara- ing defendant. He also spoke of piaintif, in the circular in question, as “the maa who 13 Known asthe man who never had & iriend, and who never proifered Iriendship jor any one without blasuag bim.”” Also that defendant inserted and puolisned in bis circclar an afidavit purporung to be made by one Wolf (a doctor), in whicn the said Wollt swears “that plaintit snowed the Wood letter to nim (Wolff) beore Pudlication, and that it was in plaintid’s bavdwriting, and upsigned.” Plaintiff avers tnat all o1 these statements are faise and tibetlons, and claims damages to the amount of $5,000. Upon motion, certain pertions o: the complaint wore ordered stricken out, with leave to platotit to amend iis complaint 11 he so desired. Piaint electing pot to amend, defendant demurred to the complaint upon the ground thatt; aid not state facis sufficient to con-titute a cause of action. inti moved tor jadgiwent upon the ground that the aewurrer Was irivolous. This motion Was granted, wita leave to defenoant to answer ayment of costs. Upon appeal to the Ge rm (Third Department), this order wi affirmed, with liverty to deiendant to answer within twenty Gays, Upon payment of costs of Special aud Gener erm. Deiendant appealed to the Court of App which has dismissed the | appeal, with cuss. ALBANY, June 9, 1875, No. 35. Dolan va. The Mayor.—Argament re- | sumed and concluded, No. 20, Susan A. McCollom, administratrix, &¢., respondent, vs. Emory R. Seward ana another, Argned by N. C. Moak, of counsel for jiant, and by A. J. Parker for respondent. No. 45. W riffin, respondent, va. Joon Haird, apoelant.—Arened by William Hoivroox, of counsel for a) pellant, and submitied jor the ree nts te. 49. Jonn Jacob Astor, appellant, vs. The Mayor of New York, &c., responden's,—Argued by Heary Hi. Anderson, o: cow for appeilant, | ‘hiam Burns or respondents. Simuel J. Hunt, respondent, v M. Chapman, appeiiant.—Argued by N. C. counsel for appeliant, aua by J.C. smn for re- spondeni. Adjourned until ‘Thursday, Jun$ 10. The Court takes a recess irom ‘hursday, the 10th, to Mon- day, the 14th inst. DAY CALENDAR. The following 19 tne 4 lendar for Thursday, Tune 10, 1876:—Nos. 64, 7, 6 15%, 41 and 61, SUPREME COURT CALENDAR. Burrato, N. Y., June 9, 1875. The following 1s the day calendar of the Supreme Court for Jane 10:=—Nos, 8, 14, Zi, 70, 79, 37, 99, 93, M4 and 97. UNITED STATES SUPREME COURT. Wasdineton, June 9, 187, DECISION IN THE ERIE THE PENN- SYLVANIA COMMONWEALTH CASE. No. 61%. The Erie Railway Company, plaintiff to error, vs. Toe Commonwealth of Pennsyivania— In error to the Supreme urt of the Common- wealth of Pounsyivania.—Mr. Justice Hunt delivered the opinion o the Court, vn case in thatof RAILWAY question the save tia anihig oft rt innenimmg ft R. Co. os. | Aiiice) laws A tak Upon the gross re | y ny Ww witha te pewer of the Not siruxg ing against the effect of thi decision, the Bris Railway Company auil contenr tthe tax tn Guesiiow (9 Bot legal fur two rensons:—First, that thid 2 be sabject. | (of whi h this 42%5 miles 1s a part in’ the | cause the company is not doing business In tat State im | its habily | and on every occasion, by the Legtslacass, to be the act of and second, that the terms and Conditions of former acts ot the Legislature have created an agiecement with pho company thatit shill be exempt trom taxation except | to a timited extent and in a specified mauner, Firt—the Erve Railroad Company was chartered by an act of the Legisiacure of the State of New York, April . 1852, with power to construct a railroad trom New York io Lake brie, through the southern tier of counties te. By An act passed in 1si6, they were au- ‘ate that portion of thelr road in the By sub- was ni ini SerePSade winder ine toring the purpose ofavolding certain engine: it was desirabl ih Les! 101 ing diMeutties ould usquebanna, 1 thar State, it Was enacte ad might be located upon such rowe nty as the company oul! find expedi- pany was authoriced ef upon | OF dividuals, also gravel, stone or wood, | for the purpose of constructing the road, paying tor the saine if the amount was agreed upon: if hot, to be ascer- oprnisemont, ay i the act is preseribes. i ‘ond act of tiv date ot March 26, 1546, aucuority ‘was further given fo (his company to construct its road througn the county of P.ke for A distance not exceeding thirty miles, with the same genéral powers and uader the sume general reatricuons, It was further provided that the company shoud cause to be prepaied and tiled | iu the office of the Auditor General of the Siate a veritied statement of the expense of constructing that portion of the road lying within the State of Pennsylvania, and that the company should annually pay tito the State ‘Treasury the mui of $1.00, ‘The last sect on of ibe act provided that the stock of to a1 amount equal to the costs of the t of the road situau ja Pennsyl- ject to taxution in tue same manner attne same rate as other similar property is or may It $$ one of the agreements of tke case that | the Whole length of the srie Ratiroad is 455 miles, 4255 miles of which is in the Siate of Penasylvania, in Pike and susquenanna counties. ‘The gross recespts of the company upon its main ling year 1359 were sz, , $54. 156th: $9,266,949 38. OF this sum 492! taxable tn Fennsylvania was adjudged to be the portlo: under the statute impoing this sum three-fourtus of one per cent was imp; tax. ano in this manner the sun of the tax fy years, with interest and expenses, was made u Ttisargued that the Louislacure did notintend to bring tots road within the tax provisions ot the act of 1863, be- several the sense intended in the act, but is, a5 to nearly all the | treight trou the transportation of which the gross re- ceipts accrued, merely using the right of way through a smail portion ol the terrilory of Penugylvania, which It purchased frou and pays for to sald Slate, Itis argued, lurtber, trom the details and machinery of the act, that itcanunot be made applicable to this case without re- quiring on the part ot the Court the introduction of new claims and provisions which the Legisiature hus not | seen fitto im roduce, and which es and provisions, itis sald, are beyond tts power to introduce. | Jn reiation to the first branch of the objection, that the | Erie Company 1s not votug business in the state in the | sense intende | by the act, the answer 1s twolold. | Firsts b preme Court of that state has held that Was doing business in the State in the fenso of that ac! i this coastruction of a State statute by the Supreme | Court of the State, invoiving no question under the laws | nof the United states, ts conclusive upon truction of State statutes by tae we mty doubt the correctuess of | such Consiruction. ‘e uccept and adopt it although we may have aiready accepted and acopted a different construction of & similar statute of another stave in Supreme Courtot that state. (Kandall 3 Wail., 006; Blosburg tuiiroad Company | mpany, 20 Wall.) | re of (he opiion tat the Supreme Court of was rignt im Lisccnstructon of the statute State courts, a vania of 136: Construing together the seventh and eighth sections of the act, it is enacted “that every railroad company, steamboat company, &c., now or hereatter doing busi: Ness in this -tate, and upon whose works freight may be transporied, wheiler by such company or by individ- ae all be hableé to the tax in question. Itean scarcely be doubted that this company is doing business in ihe state of Pennsylvania, were it receives gross earnings to an amount exceeding $900.00 per Annum {or transportation over its road, of which sory two uliws Lic within that State. The statuts does not hmit the amount ‘of business dove, or she length of road upon h it is done, as xin The legal effect ot’ the appel- be the same if 413 miles oc it state of Penns! ion. lant’s argum. nt woud road were within the daiieuity in the machinery tor the As should make us douvt the inten! ture. Lhat in tact, the State at once proceeded to and a8 COusaANLLY persisted 10 its exercise alors stron nee of its intention and of its unuerstanding of its | t itintended to impose the tax and had the power to doit, the extent aud the proporaoa to which itis car ried belongs w the judgment and the di.cretion of the vtate only. It 1s beyond our examination, \Keading | Railroad vs. Penusyivamia, 15 Wall., 256; Minot va [ail roa, 15 Wall., 208.) Yhatit has the tax by direc! nupon tiat part of the roud within | its territory em reasonably certain, and that It | would atlempt to lay taxation to an extravagant or op. pressive exicns has not yet appeared. — auc it has exer- Cised less than the tull extent or its power and has ap- portfone.! the tax according to the length ot the rod Within the State is not a just subject of complaint by the compa H The second objection 1s that the act of 1858 impairs the | Hono: the state not to impose such a tax upon the Erie Company. It has been heid wany umes in this Cour: that a -tate may make a valid coutract; that a corporation or its property within its territory »hall be excmpt from taxauon or shall be subject toa limiued and specific! taxation. (New, Jersey vs. Wilson, 7 ranch, 164; Gorgon va. Abp fax Vourt, 3 Howard, 133; Aciiigon vs. Guddleson, 12 Moward, 23% i Woolse. oblig: Hank Falta va v4 4 Wallace, Wash: itt ome ot Friendless va. Rouse, 8 Wal Ze one. Wallace, sit Railroad vs. ise B . 15 Wail 13) Wallace, 24; Tomlinson. vs. 4.0; Wumphtey vs. Pegues, is Wal- the most emphatic terms a that the language in must be clear ana uumis The covenant or enactment must disuinetly express that there snail be no other or further liability to taxation. A State caunot sir.p itself of this most essere tial power by doubttui words, Itcannot by atmbpizuous langage be deprived ot this highest attribute of sov- ereignty. This principle is distinctly laid down in cach Of the cases reierred to. It has never been deparced from, tested by this rule, the contention of the appel- | lant must fail. Un the oceasivg of the firs; act referred to-to wit, in IS by whieh the brie way Company wi permitted to take lands and lay its tracks and run ity cars through tue county of Sasquenanna, nothing was sud in the act upon the subject of taxation. The value created or transferred to that county rematned there Ike any otlier property of a corporation, and, Like all other prop- , subrect to the operation of the jaws of the state. The act of 146, authorize the building of the road through the county of ise, containg two provisions in Tejerence to taxation. By section 5 tt was chacted that after the road «youd be completed throuzh the counties of Pike aat Susguchauna a accurate accwunt ot the Cost of that portis nd sould be filed in the and tiat, atter the road la ‘The Coart has, howeve in i al waieh the surren ver is made ot tl General, office of the Auaitor Shwe the previous years, suid sta the nun and weignt of produce, mercha: minerals tiatisterred on said road east of VuDkh west of Piermont. We fim an these ton to limit or ¢ State. AweLReTS, jumber, coal ai rk aactments no intimation of an inten- surrender the taxing power of the ro required, irom wl m egisiainre loosed to other taxation ey taxed as far as was then the future to provide tor the ase of any power or sur- ssed by the «tate. None of ort woud jnstity @ decision guage we are Considering, the generat © in or de we find in New York and Erie Railway vs. Sabia @6 Pa. stat. Rep., 21, cited by the apperlant ey) anything in hostility to this construction. it here held merely asthe State had imposed a tax any to the extent of the cost that finplied an exemption 6 ordiiery taxation Vor state and county pur: | it Was said that to hold otherwise would be to | subject the same property to double taxation, which tt ed (a be intended. The Ke ot A e railway vs, Commonwealth | Bruit, 84), give a full expla ployed in that case. on Bank (10 Pa, Stat Wali., 227), it was held was upon the stock of the ca: of construction m that stat Ju 6B. F. of the | payment oi t mere designation aflect the power to Imp decisions ot the State ¢ in harmony with our 0 None of the object ment inust be affirined. SHOR AND LEATHER BANK CASt. | No, 219. Charnes §. Hotchkiss, appellant, vs. The National Shor Leather Bank o Ni etty and tne Tradeemen’s National Bank. from the Circult Court for the Southern Di New York.—Mr. Justice Fielu deuvered tne opin- | 10n of the Court in substance, thas:— H other or greate of Pennsylva: n this sabjeet. are well taken, and the judg- es. The a are quite ar In May, 1363, the Milwaukee ant St Paul Rail- way pany issted coupon bonda by | ot wi company acknowledged ite in- webtedn person: naine or bearer, | promised pay che vist day of January, 193. at y. in the city of Sew York, interest the rate of seven | on ihe presentation and sucrencer as they severally became due. a th canowledement of indebt- 4 payinent there was ineach of ther agreement of the company to t i “the scrip preierred stock” at tached to the bond full pald stock at any time within days atter any div nd should have been declared and become payable on such preierred stock, upon sur- Tender, in the city of Sew York, of the bond and tne un- in the sum amount to th naval per cen of the coupons the instrume mise What was mature mierest Warrants 46 each of the bonds there Was originally attached by a pin the certificate | red stock thus referred to, which muMny designaved it as" ip preferred surrender of aul tne certificate | fared coupons | Ue agreement, he should be en- | Muh paid preferred stock. es auiacied, ihree of these bor plaintift and wore ity for 1 ¢ of any d detached bonds the ne bonds, when the . was not ot i he detendants upon inquiry The ttle of a person who ore due for a valuabie con- created by showing guilty khowiedve i) rr in or wilint ignorance « froin wind on the n of provl lies Affirmed. THE WATER STREET SHOOTING, Coroner Woltman held an imquest yesterday in | 8 possible, ower to entorce the | PTal | examined. | Known Mr. Pullip Schuihoi tor fifteen years, and a | engendered buster | which oad brought about these troubies, | pointed a committee to investigate the charge re- App | Tici of | who are not more | mond, Was entered by burglars on Monday morn- Gtuith | Mg last; but the thieves were unable to steal take a pistol and that she shot herself with its Jew minutes later. Moran, himself, stated that no hande¢ the pistol 2 Mary for the purpose of having her sold tt while £2, fixed one of nis suspenders which had given way. ‘fhe jury rendered @ verdict to the effect that ¢ she came to her death trom a pistol shot wound, | received through the carelessness of the accused, Jona Moran, Connsclior Willam F. Howe ap- peared for the prisoner, and endeavored to have the Coroner discharge his client, but this could not be done, Moran was committed in default of $1,000 ball to awatt the acilon of the Grand Jury. On removing the prisoner, a boy of sixteen, OfMcer Jobnson, of the 'I'nirteenth precinct, made hunself extra officious by plac:ng huge handcuity upon tho wrists of his charge Jor the purpose ov suomitting the boy—who at most is guilty of noth.ng dus carelessness—to as much contumely THE SCHULHOFF APPRAISEMENT. BXONERATION OF THE IMPLICATED ¥IRM~>RE- PORT OF APPRAISER DARLING. \ Yesterday the long looked for report of the cus- | toms offictals and the merchant experts was | made to General Arthur, und it is understood it meets with his approval. Too muck praise can- not be awarded to the Collector aud the oficers under his orders for the intelligence and good | judgment shown in this case, wbereby auty to the government on one hand and justice toa firm of merchants, whose credit was imperiiiea, mace the task a delicate one, The following 18 @ synopsis of the report, in which it will be seen that the implicated firm is vindicated:— i} A(ter the formal opening usual in official docu- | ments, Appraiser Dariing goes om to say that in the eXamination of the Schulhoff goods he had enlisted the services of old established houses. He mentions the names of the gentiemen~ en- gaged:—Messrs. Hoffbaur, of Auffermordt & Co.; Fontaney, of Peterson, Harriman & Co.; Young, of E. C. Cowdin & Co.; slcDonald, of McDonald & Co.; Oppenheim, of Oppenheim & Co.; Strange, of Strange & Brother,.and Stear- bach, of Herman & Co, The examiners engagea were Messrs, Keut, Corbett and Rawson, of toe | Third division, and Host and Shirlock, of the | Fourth divis.on, so that all doubt of ‘the capacity Ol tne experts inust be at ao eud. { ‘The number of cages examined were 106; fdrty- | i | three at tue bouded warenouses, Nos, 602 and Gus Wasbington street; elgnt at No. 54 Laigut strees aud fity-tive at tue warenouse of Felco, Morris & Feuner, in Broome street. he goocss cousisied of Silks, Satins, ribbons, velvets, cotion veivets, | crépes, ladies’ 31% cravats, slik aad costom JavTiCcs | and cne case called sik crépes, whico, altnougn | invoiced us 5-4 gouds, measured only Lwenty-nine | inches in Width, the invoice price fur which, one | feanc net, 18 belleved to be correct. | Mr. Hitchcooa, of Hitencock & Potter, appears | in the report as saying “that he would not ouy | sich goods at any price’? scnedale 79 — was found to be correct both as bo cuss and valuation, ‘The residue of seven cass wil bear all addition of from ten to twelve and one-half — per cent, Which Carries a penaity, Messrs. Scliuinoit & Co, on seven of their ine voices have advanced upon various amounts * TO MERT THE MARKET VALUE. Case 829, by tue Aaritiic, whicu arrived Feb- | ruary 24, did not come fo Public Store for ex- | amination, but was examined af Field, Morris & Fenuer’s, aud found to contain cottca crépes in- Voiced ut 103s, sterling, and advaned to 11d. to ree with tue appraisement, ‘Lhe seven cases of | e1vet rubons are advanced to a penalty by the | werciaot appraisers by reason Of an allowance of | apuiuon of the discount, ‘ibis is regarded by | the department as involved in some doubt which can be settied ov appraisement, ihe waole examination has beea conducted unaer the superintendence of Mr. Gibson, Assist- ant Appraise’ of the Lhird division, and the mer- chant experts above named, ‘the report is signed by William A. Darling, Ap- ser, It will be seen from this document thatthe firm, whose business and credit nas oven well nin | } ruimed. are eXoperated om wronguwing, und 1 is likely thelr goods will be delverad to toem at once. ‘There are sume crépes, howe fer, yet lu be IN‘ERVIBWS WITH SILK MERCHANTS. A HERALD representative waited on a number of firms prominent im the trade yesserday, 10 as- certain thetr views in reierence to the now | yamous Schuihoil case, and also to learn some and thing of the character of tne firm. Mr. McUon- ; nell, of Broome aud Greeve streets, of the silk iin- | porung firm oi Seman, Kious & Co., said be wad | his character WaS @buve suspicion, He was | jooked upon a8 one of the most orilliaut sie buyers aud longest dissrioutors Im che warkes 48 439; Wilmington | belore be commeaced importing, but he presumed | hrewdoess aoroad aod success at home had 83 jealoasies and Fiyeitee rT. We H. De Forest, Mc. Hoffbaur, of Auifermordt & Oo., aod F, 0, French, of First National Bank, ali gave stantially the same testimony. NEW YORK CITY. John H. Patric, of No. 529 Eighth avenue, while Rapesat walls yesterday morning, accidentally il and oroke Nis | Wililam McDonald accidentally fell into the ent | i," of the Fourth avenue improvement at Fifty-sixth | street yesterday morning and received severe in- juries. j Henry Cabill was thrown from his horse at Twenty-sixth street and First avenue yesterday morning and received a fracture of the lez, He was & nm to Bellevue Hosp.tal. Congressman E. Kh. Meade, of the Fiftn district, | fe Dans irk, or prem | phe 4 has appointed Master Jonn N. Muller, a son of Nica $a cadet midship- man in toe Navy. ‘The youth has been until the present time u pupil in the First Ward Grammar | Scnool. ‘The increase in the number of smullpox cases during the past few weeks has been so great that the Smallpox Hospital on Black well’s Island cannot | accommodate all the patients semt toit, Hence a dozen canvas tents have heen erected at the rear of the building. | A “grand pronouncing match” will take place | at Association Hall oo Friday night. Tnose wish- | ing to compete jor the prizes will have to apply to | Mr. Angus diacArdie, secretary, No. 7 Astor House. Webster and Worcester wiil be the only | authorities accepted. Atthe annual meeting of the members of the Harlem Library Association the following officers were agreed to be surrendered by | for the ensuing year were elected :—President, | Wittam H. Colwell; Vice President, isaac Lock- | j, wood; Treasurer, Wiillam G. Wood, M. D.; secre- | tary, Edgar Ketchum; Librarion, Thomas Wal- | lace; Trustees, Cheries H. Randall, George L. | graham and Jobn fl. Kenyon. i BROOKLYN. The Pheoix Fire insurance Company have ap- centiy made agatost the Prestaent. The man woo Was stabved during the affray at — a tax then to be paid, and did not Myrtle Avenue Park, at a picnic, on Saturday night, is siowly recovering. John Savage and | Matnew Crowley have veen arrested for the assault ana are now in the Kaymona Street Jail. ‘Thomas Bouneman caused the arrest of Jonn | Kehoe and Jovn Quigiey yesterday on a charge of w York picking his pocket of $150 while the lainuit was tie street car. The accused, n sixteen years of age, were xXamination by Justice Morse. riding on an Atl, committed jor LONG ISLAND. - Malignant smalipox stilt continues in Long | {sland City, and great fears are entertained tnat. the disease will become epidemic. Mr. Shute, who was severely wounaed on Tues- day iast by a bargiar, was for many years a rest- dent of Fiushing, L, L., and while there was greatly respected. STATEN ISLAND. The State assessors will meet at Stapieton on the 234 inst. for the purpose of obtaining informa. | tion in regard to the assessment of real estate in Richmona county. Rey. William Pair, who bas lately been aypointed missionary to Africa, will preach bis last sermon prior to his departure at st. Simon's cnapel, Clove Toad, On Sunday evening next. The oyster sioop Kate Hurbank, with & cargo of oysters, was stolen on Taocsday night last wolle lying off Mariners’ Harbor. Yesterday she was jound near Bay Ridge. L. 1, deprived offer an- chors, chains and cargo. | ‘The residence of wir. J. B. Pollock, at Port Rien. | anything, from the jact that one of them, in at- | ofthe party | tempting to open tne dvor jor tis accomplice, sounded the burglar alarni, J. Fallon, Sealer of Weights and Measures, | caused the arrest of W. H, Fountam, a grocer, of West New brighton, for retusing to prodace nis weifats and measures in oruer to have them tested and seaied, The case Was heard beiore the case of the child Mary Sullivan, who died on | Judge Corbett, when the jact was eterted that | the 2d ins received went to show that Joho from the efects of @ pistol shot wound on the 26:h of May. The evidence all Mora 4 let the child | dealers Who are subject to tie provisious of the | | law have twelve months in woich to appear be'ore | ures | the S tested. ler wha Nave their weights au Mr. Fountain was dischat | says that during the month of December, Ls | shortly arter tae appoin | or 80.? | nation as a witness atsaid triat the said & | of Supervisors of" the county ot Sew Te THE COURT HOUSE FRAUDS | James H. Ingersoll on the Warpath. He Causes the Arrest of Eugene A. Heath on a Charge of Perjury. Eogene A. Heath, lately connected with Inger. soll im the business of supplying the county with various articles when the Ring was in its ‘balmy days, Was arrested yesterdy in the Supe- rior Court room, where he was present as plaintifl im @ suit there pending agaiust Theodore P. Aus. tin 10 recover tne sum of $10,000, the value of cer- tain shares in the Heath & Smith Manufacturing Company. The warrant tor Heatu’s arrest was | yssued by Judge Bixby and placed in the hands of Sergeant John Quinn, of the Tombs Court squad, it was issued at the instance of James B. lngersoll, woo charges Heath with perjury on the trial which resulted in Ipgersoil’s conviction and imprisonment in the State Prison. Heath was brought by the sergeant to the Wasbington Place Court and gave ballin $3,000 to appear for examination, Joan T, Cumming, Under Sherif, became his bondsman, The nature and object of the proceedings against Heath will be understood on @ perusal of the affidavits which are ap- pended, Tne District Attorney ana Heath's counsel have not yet fixed a aay for the examina tion, From the amdavits it wili be perceived that the alleged perjury was equally fatal to both Far- Tinggton, Ingersell’s bookkeepper, and the em» ployer. es AFFIDAVIT OF JAMES C. KING, eine of New York, ss, :—James’. King, of said elty, being duly sworn, deposes and says that he is an officer of the Court ot Oyer and Jermirer. in the county of New Yor«. and that [rom about ie ist day of October, 1369, until about the 7th day of February, 1575, he was emuloyed as. & Watehiuan vy te Beard of supervisors of the couaty ot New York, and was most of that ume acting as mesen- ger in the gilice of the Clerk of sid Board; that soon after the appointment of James 4. Ingersoll and othe as -Vourt House Comuussioners, in tie latter part of the year 157, depoueat was for a ume frequently sent as @ ‘messeayer by some or otuer said Commissioners, "sald Commissioners at the ‘time doing much of their business in the office of the Sierk ot the sourd of Supervisors. Deponent further ni uuentor said Commissioners, & man, Whom deponent did vot then Know, but whom he now knows to be kugens A. Heata, caine ou twocr three occasions to te olive ot said Clerk oF the Board of pervivors and iuquired of ueponent for the sad Mr. Angersoll. Thaton the second or turd occasion wir said Heath came, as edove stated, he toi deponent that his name was Heath and that he particularly wisned seo Mr. Ingersoll.) She rear portion ot tae room wat separated (rom the front by # hait partition, and the space in trout of said, partivon Was, diviied by a railing. When Heath expressed — his ur. went desire to seo Ingersoll depoaent pas Mito the — rear room and intormed Ingersoll ot Heaui's desire to see him. Ingersoll immediately came out into the space between the partitiva and the railing, deponet tue same time re.urning to bis tion in the outer office. after a few words of saluttuon between Heath and Ingersoll, pocset ans hauded to Ingersoll a ioug yellow envelope, from which Ingersoll took # folded paper, sayims tw Heath, as be did so, “1s ais ail rignt?” Ingersoll then ts ge Hea. toox from. hi | unfolded the paper, and as he did so he took-a seat at desk und lait the paper apon it, Heath standing by his side. Heath and ingersoll remain a few moments, dari in conversation tor soll tke @ pe paper. A few mou away, and Mr. ingersoll and’ handed deponent tte had taken from the enveloj by Heath, saying to deponent, “4 dir. Watson and tell him toatl wil see tim in am hour Deponent ed it to Watson, who Was then County Auditor; and deponent turtner says thac as he passed across the hall to cho ottice of the County Auditor he looked at said paper and @ bill against the county of New Yors for furmsbed and work doue upon the new Court ; hat at was made in the name of Heath & nd that its amount was fifteen thousand and some odd dodars, 1 the wrilng upon wasin ink of a diferent color onent also noticed the name the ball, of i. A. Hea words “Heat & nent says that he hay sivece seen the vouchers whi were used in evidence on ihe tria! of James H. ingersoll and Joha D. Farringion, Jr., and he ty sutistied that itis the sume paper which tie saw Heath hand to Tngerso At {urthee says that this Was the test b Auditor from any of 3, whieh iact deponent beheves assisted somewhat in xing the detais in bis memory. AMiso ©. KING, Sworn to before me, 25:h day of May, 1576.—s. H. Bixer, Poiice Justice. AFFIDAVIT OF JAMES H. INGERSOLL. City and County of New York, ss.—James i. sage tia a of sald city, b: duly sworn, deposes and s:: On tue 2ta day ot Vevober, in the year 1572, the ‘he people of the State of Jew York, 1p ana for uc body ot the city and county of New ‘York, murcted thig dsponent and Join D, Farrington, charg. mg wen with havitg talsely made, torged and counterieited, on the su-h day of Vecember. in the Year 1s7), an'indorsemont of the name ot ne Smith on @ certain drait or warrant wade by the Comp- troller of the city of New York, and countersigned oy the siayor of said city and by the ier. of the board of Supervisors of the county ot New York, upon the County ‘Treasurer of New York, ‘by waich said dear, dated De~ cember %, 1370, the sad Comptrotier required the sai ireasurer to pay Heath & smith or order $1138 for mason work, 4c. at the new County Court ouse between Octaver 14, 18%, and December, 168i. Depo nent tarther vays that ne'and the said rarrington, hav- ing peated not guilty to the charge presented ‘in t mit nt, Were brought to Ula. tuereunder on the 24:h day of November, 1573, at a Vourt of Uyer and serm| ner presided over vy Lon. oan Davis, one of tue justic ot the Supreme Court, atthe County Court Mouse, in the county of Sew York, and said trial was thereatter con- ts one knowiedge of on At the time of the drawing aud in and _ Also rr Heath’ & Sauth on said warn the handwriting of saul Farrington and was made by lim. Pepovent further saich Wat upoa said trial the said Bagene A. Heath was duiy Sworn and ox, amined as a Wines, and testified Liat the position of Farrington aforcsuid, whenever he (said Heath) had oc: © Jeai With him, Was (hat he was with deponent Jed to his bu‘iness in the eapactiy of the pri- Vute secretary of this deponent; that he (san weath) Heath & smith Manutacturing Gompany, of this deponent is President, and that swid Farrington did reader some services tor Mat company; but as he (said | Heath) understood it such services “were Fem dered entirely upon the employment of ina Heponent, and that aaid—Farriaton wever employed by said company and bald for such services ax he did render tor company by this deponent individually. Deponent further says that the said testimoay 0 said heath, so tar as related to said Farrington being in tue individual employment of this deponent, was talse, and never was the private an active particapantin pany aud was an officer Freasurer of said compauy ani to the booxs of said mpaoy, and tovx no active 1¢ affairs Of said company, eatn nuew said fact When he gave his ard . veponent further says thac the aforesaid ods, labor, &e.,in payment tur which the atore- a the follow- ing is # copy, to Wit: “County uptt, No.—County, Exrxxpitures, C.—The County of New Yors to heath & smith, New York, Dr.” “Qewber It 146% to December, 18/0, materials fur. ines ont jabor done on new County tourt House, Deponent farther says that upon his aforesaid exam! ih testitted or heard of salt bill until @ er the drawing and indorse- that he never Knew, or saw, period whica was jou ment ot said warrant, whereas the depone’ the first time he ever saw said bill tt was li by the said Heath, at the oifice of the Cierk York, 1m which aid Heath then iound deponent, and tuat nent upon looxing atit told said Heath that Was elective for Want of certain signature: and taereapon in tie presence of said Heath wrote sai Heath's name at the end of €torm ofan afvavit append to sald Dil aod also the name of Heath & pmitn at the foot of the form of a receipt tor the amount of the bill, aiso appended therety, and afterward banded said Dill With its said appeudages to one Jaines 0. King, then pres- ent, and directed nim to carry it to the Counly Auditor, « from whom deponent subsequently received the above mentioned Warrant in paymen¢ thereot; and that atte the receipt of said warrant this deponent made the im- dorsement of Heat & Sach that appears thereon in own undisguised handwriting, which bears no resem ‘ance to. the writing of said Farrington: and that when the sad meath gave his said testimony he Was perfectly familiar with both the vandwriti ot deponent ahd of the seid Farrington. Deponen Charges tant the aforesaid false statements of said Heath were xo made by said Heath unaer oath w and delocrately, himsel Knowing *hem and them to be faise When mate, and with intent to commit office the this de said pap and tn cousummation 01 the And he therefore prays that said Heath may sted and gealt with a» her sm that he lives at ‘nthe erty ot New York, and the said Heath at No. 30 West Minete 4 id city. enth sirect, In sald CNY) wes W.INCERSOLL, Sworn to berore me this 26th day of May, 1879~B, Hy Bixay, Volice Justice. THE HOBOKEN TAXPAYERS’. The resolution adopted a week ago by the Hoboken Vommon Council jor the payment of $70¢ to a committee of taxpayers, lor the purpose of investigating the account books of the ony officials, has met ite fate at the hands of Mayor Russell, who promptly veioed it, The proposed appropriation was intended for the pocket of “an expert’ enjoying toe friendship of the taxpayers’ committer, and was made without warrant of law, it being toe, duty of the Finance Committee to hold sach ine vestigations, and the city officials veime amply secured by vondsimen ior the fatal discharge of their duties, Tne movement is supposed to lave been directed by achque Who Wish id@ootain the city clerkship for @ lavorite poutictan, The Ace on Of whe Mayor in frastratiog t temyt to pay pablo money for private enas meets with general anproveL 9