The New York Herald Newspaper, June 11, 1875, Page 8

THE COURTS. Indictment for Murder Ending in Justifiable Homicide. VERDICT AGAINST A CITY RAILROAD COMPANY. Examination in the Wishart Ha- beas Corpus Case. In the suit in the Court of Common Pleas, be- fore Judge Robinson, brought by Mary E. Jobes Bgainst the Fourth Avenue Ratiroad Company, to wecover damages for injuries sustained by being @hrown from one of the company's cara, the par- Uculars of which have been published, a verdict Yor $5,000 was given yesterday tn her favor. THE BOTTLE HOMICIDE. On tne 31st of March last Michael Cunningham, Dartender in the liquor saloon of McKenna & Dofy, corner Sixth avenue and Forty-fith street, got into an altercation witn Michael McCarthy, ewhicheaded tn his striking the latter on thi jhead with a bottle, producing injuries resulting In p@eath. He was indicted for murder in the first ‘degree and yesterday was placed on trial in the \Court of Oyer and Terminer, betore Judge Davis, ‘Mr, Wiluam F. Howe appeared as bis counsel, the (Prosecution being conducted by Assistant Dis- ‘trict Attorney Lyons, ana the court room being crowded, Alter a brief epening of the case by Mr. Lyons Be csiied as his firat witness Michsel Hertzberg. ‘He testified that the prisoner struck the deceased on the back of the head and neck with a bottle; that the Geceased bied copiously and {ell down, and that he was taken to the hospital, where he Bubsequently died. He stated further that the de- zeaseu Was called up to the bar, at which prisoner ‘Was attendtag as barkeeper, to drink, aud that ‘the prisoner refused to give bim @ Grink, where- | Upon he jamped over tke bar and belyed himself, anu at tae same time the prisoner walked toward the deceased with a bottle in mis Band; that the deceased nad nothing In bis Nand; that the pris- cover then struck the deceased on the back of the | neck and head with the bottle; that a person present separated them, and that the deceased Thereupon took up # DOW! containing crackers and fired 1t at the prisoner, On cross-examination by Mr. Howe the witness Stated that he could not swear that the deceased | had no bottle 1 bis band, and that the prisoner | Was discharging his lawfai duty when the deceased jumped Over aud took wrong- dui possession Of a bottle contaiming liquor. Joba McDonald, John Johnson and Tnomas Smith were next called for the prosecution, irom Whom it was elicited that at the time the prisoner Birack the weceased the fatal blow with tne po} tle tne latter was approaciing Canninggam with Qn Upraised Dottie as if to strike oim, and that Cunningham only struck 1n justifiavie self-de- fence. It was also proven that the deceased wi clearly the aggressor; that be used violent lan- guage; that ne threatened to kill Cunningham, and that the homicide was in every respect ex- cusadl Upon the above state of facts Mr. Lyons he felt constrained to state that he couid not co: Bistently ask the jury for any verdict against the prisoner. dudze Davis replied that he entirely agreed with the learned prosecuting office! a directed the | jury to renaer a verdict Of not gulity, Waich accordingly aid, whereupen owe asked for the privouer’s aischarge, Walch was granted, and he left the Court amid the congratulations o! bis umerous friends. THE WISHART HABEAS CORPUS CASE. In the Court of Oyer an‘l Terminer, before Judge Davis, yesterday, the case of Robert H. Wishart, beid for extradition on a charge of forgery, came up for examination under the writ of habeas cor- pus granted afew days since, the object of such writ being to effect his release trom custoay. ‘Wishart is indicted Robert H. Wisnart, alias-J. E. Batchelar, and the ground of tbe application is that oe ig not tne person named in the inaict- ment. Being sworn in bis own benalf, he testified & 3 that he mever went by the name ef Batcuelar; | ‘that George F. Hilt went by that name; that he | had never beeo in Philadelphia more than five or | Bix times; that he never stayed toere more than oue night ata time; taat ne acted as clerk for | but did not learn that os name | Hit, or Batcne! Was Milt unt ery, thinking tue tain Irving, of t Buch iBiormation Hilt wags arreate Stated that this indictment was part parcel | oi a cousoiracy to keep Wishart from giving his testimouy im the United States Court against Hilt. ‘The further searing o/ the case is aajourned vutil | this morning, MARINE COURT—PART 1L } A WARNING TO DOG OWNERS. Before Judge Alxer. NEW YORK HERALD, FRIDAY. JUNE 11, 1875—TRIPLE SHEET, SUPBEME COURT—SPECIAL TERM. By onege Van Vorst. fetiy, &e., vs. Whiting et al.—Complatnt dis- missed, with cests, King vs. MoNamara es al,—As to defe Livermore and Slattery, complaint dismissed; as to defendant, McNamara, judgment for plaintif, | SUPERIOR COURT—SPECIAL TERM. By Judge Curtis. Johnston vs. Jolinston,—judgment signed. By Judge Van Vorst. The Second German Baptist Chureh vs. Prior.— Order settled. Pearce ve. the demurrer, See opinion. ‘COMMON PLEAS—SPECIAL TIRM. By Juage Larremore. Lewis vs. Goldstein.—Motion denied. COURT OF GENERAL SESSIONS. TBIAIS, CONVICTIONS, PLEAS AND SENTENCES. Before Recorder Hackett, Jobn Reynolds and Henry Swift, who on the 234 of May burglarousily entered the liquor store of Daniel Keenan, No. 122 Bleecker street, and stole Silver watch valued at $15, pleaded guilty to an attempt at curglary in the third degree. Rey- Dolds was sentenced to the State Prison jor two years ana six months. Henry Swift was re- | manded for sentence. Patrick Hanley, who was jointly indicted with Jonn Hughes, was tried upon a charge of breaking into the satcon of George McGovern, No. 741 Third avenue, on the night of the 8th of May. They stole $203 worth of cigars, two bottles of brandy and two towels, Nearly the whole of the stolen property was found tn the house of the parents of Hanley, just above the saloon, When it was Moised abroad in tne neighborhood that the burglary had been committed Hanley informed the complainant that a man named Hughes left ‘the cigars in bis reom early in the morning. The fact was brought out that Haniey had served a term in the State Prison for jarceny. A verdict of guiity was rendered. His Honor seut him to the State Prison tor five years. Mary T. Dord was convicted of stealing a gold watch valued at $80 from Milton Hugnson, at a hotel in the Bewery. He met her at Harry Hull’s apd accompanied her to the hotel, where vhe larceny was perpetrated. There were mitigating circumstances, Whicy induced His Honor to im- pose the lowest sentence the law allowed, which was one year’s Jmprisonment in the Stave Prison. George Monroe, indicted jor stealing $76 from Josepa O'Donnell, on the 3d of this month, pleaded guilty to an attempt at grand larceny. john Douobue pleaded guilty to an attempt at petit larceny irom tue person, the charge being t on the 30th of May the prisoner stuie a silver Watcen from Hubert Kanter while he was walking througn West street. Francis A. Cushman, who was jointly indicted with Frank Langdon, charged witn stealing six unmade cassimere frockcoats, valued at $65, tne Property of Phinp Seligman & Uo., No. 58 Waite street, pleaded guilty to an atcempt at grand lar- ceny.| These prisoners were each sent to the State Prison for two years and six montis. Thomas Barnum, who, on the 2d of this month, stole clothing and household articles valued at $34, the property of Rebecca Solomons, pleaded guilty to petit larceny. A similar piea was accepted from John Sullivan, the indictment charging that on tne 17tn of April he stole a tub of butter, valued at $14, belonging to Thomas L. Carney. Frederick Cash Was convicted of a simple as- | Sault, toe charge against him being taaton the 28tn of May he struck Patrick Kearney on the head withactub, fhese prisoners were sent tu the Penitentiary for one month. Claudius R. Dord pleaded guilty to recetving a gold watch, which was stolen from Milton Hugb- | son by a Woman claiming to ve the wife of Dord. The watcn was pledged in Jersey City and recov- ered by a police oflcer. He was sent to the State Prison for one year. Barbara Kaab, who was indicted for clotning, Valued at $45, on the 22a of May, Mary smith, pleaded guilty to petit larceny. ‘Was sent lo the Penitentiary for one month, WASHINGTON PLACE POLICE COURT. Before Jadge Bixby. AN EMBEZZLING CLERK AND THE CASH BOY CONFEDERATES COMMITTED. The case of J. A. Hearn & Sons, of Nos. 773 and | 775 Broadway, against two of their former em- | Ployés, Richard E. Ellis, of East Thirty-fourth street, and Bernara J. Flynn, of No, 130 First ave- pue, came up at the abové court yesterday for examination, The aMdavit of George A. Hearn, dr., Was taken, which charged the youth Ellis with | embezzling $2,000 and Bernard J. Fiynn with | stealing tne cash book at Ellis’ suggestion. J. | McGlynn, John r. Fiynn and E. Crary, boys, who were also employed im the store as cash boys, ap- peared as witnesses against the prisoners and testified that they bad handed over to Richard | 2 | Eilts, at aiferent times, sums ranging from $20 to $00, which amounts of money | were not charged on the cash book, | they being told Dy nim that these moueys were | required ior the use of the house. Judge Bixby couciuded to hola che prisonersin $3,000 vali each to answer at General Sessions, The following | unique letter from Ellis to one of bis young friends | P. Was imtercepred by Detective tenderson while | Elis was confined i the station house. Tne tetter | speaks for itself:— Suxpar, Mercer Strert S: iow Hovsz. | Edward Davis, by his guardians, £¢., vs. Charles Brandt—On t 23d of April last the plaintiff, a | child of six years, was passing tne woodyard of | the defendant, on Goerck street, when, without any cause or provocation, as testified to by his | witnesses, a large dog belonging to the defendant | sprang upon bim and nearly bit ont tne calf of his left leg. It was further shown that this dog, which | ‘Was Gescrided as a ferocious looking brate, with | long banging |ips, had bitten children on two or turee previous occasions, and that the aefendant sell, 1u quieting the plaintif’s motner’s tears hydropnobla ensuing, Dad said that it had n his own child, but being # good, Neaithy | mal no harm had come of it. Dr. Barry tesu- o his treatment of the woud, exuibiting the leg witn @ terripie scar on it, and mg that be bad kept the child under imfiuence of anodyne @ great part time, owing to bis sufferings. he defeudant it was testified that, ob Of Dis Dusiness and the busi- 1, he was obliged to guard agaiost thiev- ica Was carried on to @ great extent, bis en wolking off in sections sometime: s purpose ne kept three dogs, ail of waien empers, un that Ou this occasion the piaintif, witn es, Who tad come down to see a circus ext door, amused themseives coming inside the .ence for that purpose ; ceased to be a virtue at last with the result was this cause of action. er having neard tnat bis dogs ‘were o bite mankind,” and im regard to ry Sard it Was another dog. The jary Stacered # Veraict im iavor of tae plainsif for $750. DECISIONS. SUPREM= COURT—CHAMBERS, By Judge Bra Mann vs. Willougtivy et al.; In the Matter of Davis; Wiikinson vs. Shillings: Ryer vs. Ryer et s).; Cimer vs. Wannemacoer; Chilton vs. Brown tolon Dime Savings Bank vs. stoessei et 1 vs. Clancey; Andrews vs. Boarman. oy Ganted, vert vs. Hornberg.—Motion granted. er vs. Haliack; Bulkley vs. Hickson.—Mo- enied. ual Peoto Chemical Company vs. Conkey.— iva denied, with $10 costs to abide the event. stemer v8. Bonten.—Motion granted. Memo- ran Lavelle ve. Shaw.—Motion denied, witnoat costs (eee Kimbelly ¥s. svewart, 22; How, 281); The istopner aad fenta Street Katiroad Company ts. Central Crosstown Railroad Company.— Opinion. be Mayor, &c., va. Appleby.—Motion dented. bout costs. Memorandum. owarz vs. sciuwarz.—Keletee’s report con- ed, and decree of divorce granted to plain:it. Miscn. denied, with $10 cos event. dam, Crawfora.—Motion aenied ; $10 cos p event, seneliey v8. Diet!.—Commission may issue, but © Say CAUHOL Ve eXtended Veyond the wth of . 1875. See memorandum. Firsen v8. Freudenthal.—Counsel must appear eleven o'clock A. M.,on the 151m aay of June, Lauton ys. Melfeustein,—Motion denied. Memo- tandum. udieton vs, Cooke.—In these cases counsel! ap- pear on the 11th of dune, at eleven o’ciuck A. M y Juage Lawrence. Bristoi.—Motion genied, Snyder vs. without Stnart.—Order as settied. Morris Kendall ther of the orders sub- itted are correct. The order should be a Speci rmorder. Thut presented by the defendant asel is a Chamber order. The order of the inuilt’s Counsel does not conform to the deci sion mM Many respects, as will be seen by compar- ing it With the Memorananm filed, Cushing vs. Cushing.—An. allowance of $200 is granted to the defendant for alimony and ex- penees, sclwumecher ts. Marine Court.—the application for a writ of proalbition Is denied on the ground thar the isting Of the writ Is within toe disere- tloa Oi the Court and should not be granted except f case, M04 that it Is not at ail ce nguage of the treaty between t ses and Prussia that it was imtended to SUPREME COUR. CIRCUIT—PaRT 2. By Judge Dononue. Pisuer vs. The ‘Mayor. &c,—See opimion. Towxy—Sorry to say that the three of us got mpped at | last—Flyon, Murray and myself. Murray is at veorze | Hearn’s house, locked up ma dark room. We are en- closed by stone Walls and iron duors The both of us are in one cell. liave six daily papers, six cigars and pleuty tu eat, provided you pay about 910 for a square meal. Come’ down to the court corner ot Greene and Washington place. to-morrow morning at nine w'cloca, | and see us get about ten years. Ido not feel bad about this, as l expected it for about six months. Our sent-pee altogether depends ru’s merey, the —— i think he He asked me in court this ping it I would teil nim everything [ knew, as Mar and [told him yes: ai 411 tell nim he ute’? was worked, body ean book 3 Maybe he will Pp this on the Quict from all the boys. Teil Bishop: do not tell any- body eise, nor tell nobody at your house. If you like, try and come down to-day of to-night to sec me. | could not «ay tor sure whether you will be jet in or not. it will harm to brace the Sergeant or Captain at the dei Bring down something Jor an excuse that will probably admit you. DICK, ATTEMPTED BURGLARY. Beeween three and four o’clock yesterday morn. ing Officer Healy, of the Fifteenth precinct, found | the basement door of No, 46 West Ninth street open, He rang the bell, and Mr. Caries H. Ed- | wards came to the door and informed the officer | that beiore going to bed be had securely locked | and bolted tne aforesaid door. ificer Heaiy Went out on the sidewalk and rapped for assist. | ance. In tae meantime Mr. Edwards jound a strange Maa sitting on tne irs. Officer Healy was at once calied i, who took the man to the Mercer street station house, where he gave tne name of Owen Keilly. Tae prisoner was brougnt betore Jadge Bixby and heid in $1,000 bail to un- ewer on a charge of attempted purgiary. COURT CALENDARS—THIS DAY. Strrexes © TRT—CHAMA! 19, 105, 126, 1s4, ns—Held by Judge 8. Held by Judge A. 4.—Vewur- 22, 24. Issues 464, 471, 534, of law and fart—Nos. ‘473, ‘474, 622, 443, 431, 400, 74, 475, 477, | 478, 479, 430; 481, 487. 498, 489, 490, 491, 492, 494, 495, 497, Ol. 5 510, 4 544, ) 271, SUPREME = COURT—CrinociT—Part dudee Lawrence.—Short caw 152 7, 1808, 3148, $152, 3104, D ° is re RIAL TERM Jngge F Sos. 817, Gol, 19 21, 11s Part 1726, 820, 2046, 2016. T—CENERAL TEnv—[leld by Sedgwick.—Nos. 13, 16, 38, 40, 42, Tene. 42. 5, Held hy Juage 12, 23, 24, 30, 47, TAL “. Commox Pinas Tre dadge Hohinsen. 10m, —Part 1—Held 440, 2543, 1 by yaly.—Nos. 1, Cocet—T 41D), $166, $167, 4244 Part 2—Wela oF Dil, DO. Ke uw wn, * + ze x ‘ COURT OF GaekRal eeatone—Held by Recorder | Hackett.—the People vs. Fritz Muller, burglary; | | Same va t fichards and Artour Brown, | i MeCoy, rape; Same vs. | burglary; Same vs. Da Frank Kelly, fe\on.ous assault aid battery; Same | | Early, burg: ish.—Judament for defendanton | f tary | permitting him to go through the army * | tutions in vs, John H, Wilson, felonious assault and battery; ‘Same ys. Chancellor Van Loan, felonious assault and battery; Same vs, James Dooley, felonious as- Sault and vattery; Same vs. Charles Harri grand larceny; Same vs. Oswald Ealits, ceny; pame vs. Joseph Warren, Same vs. Edward Watson and Same vs, John MeHugh, receiving me vs. Frederick A, Goodall, tals ; Same vs. Maria Lynch, petit larceny ame vs. Jonn Kirkiand, robbery; Same Vv: Thomas Sullivan, Euge Venan and James Kelly, burglary; vs. jam Boyle and Thomas Same vs. John Moore and John Cottey, burglary; Same vs. Julius Huoterbuver and dward H. Loe: grand larceny; Same vs. Thomas Thompson, grand larceny; Same vs. Thomas Hunter, grand “arceny; Same vs. Henry Breed and John Boyd, grand larceny; Same vs. Margaret Clark and Jane Stokes, grand larceny; Same vs. John Grogan, grand larceny; Same vs. Edward Donohue and Christian Stork, & - uit lar ceny; Same va, Margaret Finn, petit jarceny; Same vs. Joon Moriarty, petit larceny; Same vs, Jal MurpDy, assault and battery. THE COURT OF APPEALS. ALBANY, June 10, 1875. No, 42. Samuel J, Hunt, respondent, vs. George M. bere bag appeliant.—Argoment resumed and conclude: No, 1. rge H. Thompson, respondent, vs. Henry Stevens and another, appellants.—Argued by W. 0. Bartlets, of counsel for So aaa and by Augustus Van Wyck tor jpondent, ‘No. 67. Hylah Hasbrouck, et al., respondents, ys. Valentiue Bunce, appeliant.submisted. Adjourned to Monday, June 14, 1875, DAY CALENDAR. The following 1s the day calendar for Monas: bo 1 Bs 18756:—Nos, 63, 16, 1534, 61, 834, 66, and 15, UNITED STATES SUPREME COURT. A COTTON CASE DECIDED. No, 404, Warren Mitchell, appellant, vs. The United States—Appeal from the Court of Claims.— Mr. Justice Swayne delivered tne opinion of tne Court. This 18 an appeal from the Court of Claims, That Court found the following facts:— Atthe beginning ofthe late rebellion Mitch claimant and appellant, lived in Louisville, Ky. engaged in business thére. In July, 1861, aud atter th 17th of that month, he procured irom the proper mill uthority of tbe United states in Kentucky a puss lines into the insurrectiouary territory. He thereupon went into the insuigent States aud remained there until the latter part of the year then returned to Louisville, “While im the —_Contederate dtates he transacted business, _ collected debt, and purchased trom diferent parties 724 Dales of cotto: He took possession of the cotton and siored it at Saya: nah. Upon the capture of that piace by General Sher- man the cotton was seized by the inilitary authorities, it was subsequently sold by the agents of Fis goxern- ment. ‘the proce: ting to the sum of $128,692 24, areinthe Treasury. Mitchell bought the cotton in veinber and December, 194. He remained within the surrectionary lines trom July, 1561, ture of Davannah by the arms of the Court of Claims was equally divided in opinion, and di missed the petition. The claimant hax removed tne caso to tus court by appeal. When Mitchell the revel lines the war between the loyal and disloyal States was flagrant. it speedily assumed the largest proportions. Important belligerent rights were conceded by the Onited States to the insurgents, iheir soldiers when captared were treated Qs prisoners of war and were exchanged and not held is when captured were dealt ‘with by our prize conrts. Their ports were blockaded and the blockades prociatmed to neutral nations. Prop- erty taken at sea belonging to persons domiciled in the insurgent “tates Was unuormly held to be coniiscable as enemy property. Ali these things were done as if the ‘0: in- ssed within for treason. Their vessel wer bad been a public one with a toreizn nation. The ize cases Black, ); Mr. Alexander's cotton (2 ail, 417); Mauran vs The Ins Co. 6 id., 1). ‘Ihe taws of war were applied in like, manner to intercourse ou land between the inhabitants of the loyal and disloyal Btates, judged that all contracts of inhabitants of tt jor.ner with the inhabitants of the latter were il- legaiand void. it was held that they conierred no rights which could be recognized. Such is the law of nations, flagrante bello, as administered by courts of justice '(Vattel, vection riswold vs. Naddington. 6 Johns, &., 435; Cooledge vs. Gutherie, 8 Amer. a Reg., U.8., 20; Coppel vs. Mall, 7 Wall, 542; Grosmeyer, Wi 72; Montwomery, 15 Wall.. 400, Lavin 17 Wati., 002; Cutner, 17 Walt., 516) such was the law the “dealings tween the = in tal of he res] ritorles, contracts between the inhabit rebel States notin aid of the rebellion were as valid as those between themselve: 4 the inhabitants of the loyal States, Hence this case turned upon the point whether the appellant was domiciled in the onted- erate Stales when be bought the cotton in question. Wien he took his departure for the South he lived and Was in business in Louisville. Ge retarned thither when Savannah was captured and ms cotton was seized. Itis to the intervening tractot time we must look tor the means of solving the auestion before us. There is noth- nx in the rec which tends to show that when he left Louisville he did not intend to return, or that while in 9 Wal Ferre, as ‘to the south he had any purpose to remai when he, returned ‘to Louisville he intent other than to live there done before his departure. Domicile has been thus ae- fined :—“A residence at a particular place, accompanied ‘with positive or presumptive proof of an intention to remain there tor an unlimited time.” (Quer vs. Daniel, 1 Binney, Note.—Ihis definition is 2p, roved by Phillimore in his boos on the subjes page By the term domicile, in its ordi m, is meant the s home. (story's a@ person lives is taken Conf... sec. 41). The p where © to be his domictie, until tacts adduced establish the con- | trary. (Bruce vs. Bruce, 2 Bos. and Banipde vs Johnstone, 3 Vesey, 211 3 iiagg. t. Rep. , 437; Best on Pre- sumptions, 2°S) The proot ‘of the domictie of the claimant at Louisville is sufficient. There is no contro- versy between the parties on that proposition. not, therefore, further consider the subject. A domicile once acquired is presumed to continue until it is shown to have been changed. (Somerville va. somerville, 5 Vesey. Harvard College vs. Gore, 5 Pick., 370; Whar- ton’s Conflict of Laws, sec. 55.) na change of dum- icile ts alleged the burden of proving it rests upon the erson Thaking the allegation. (Croocenden vs. Fuller, sw, and Ir. 441; Hodgson va De Buchesne, 12 Moore . C., 288, 1858) To constitute the new domicile two things are Indispensable—frst, residence in the new Joeality, and, second, the intention to remain there. The chanze cannot be'made except fucto a anime. Both are alike necessary. Either without the other is insaffi- i bsetice trom a fixed home, however long continued, cannot work the change. ‘There must be the animus to change the prior domicile for another. the new one Is acquired the old remains.— (Wharton's Conf, supra, and the authori cited.) These principies are axiomatic in the law upon the subdlect. When the ciaimant lett Louisvilie it would have been illegal to take up his abode in the Territory where he was going. Such a purpose is not tobe presumed. The presumption Is the other way. ‘io be establisned it must be proved. (2 Moore P. C.. supra.) Among the circumstances usually relied Upon to establish the animus maneadt Declarations ot the party, the exercise of political the payment of personal taxes, a house of resi: nce ant & place of business, (Phillimore, 100; Whar- ton, sec. 62 and post.) All these indicia are wanting m vhe' case of the ‘claimant. The rules of law aj plied to the affirmative facts, without the ai of the negative considerations to which verted. conclusive acainst him. cotton involved the same leal consequences been made by an agent whom he had sent to mage it, Obviousty, important further facts bearing on the tion might easily have been put in evidence by eithe: party. We regret that it was not done. As the case i presented, our conciusion is necessariv adverse to the Appellant’ The judgment of the Court of Claims is rmed. THE LATE JUDGE PECKHAM. PRESENTATION OF A PORTRAIT OF THE DE- CEASED JURIST TO THE COURT OF APPEALS, ALBANY, June 10, 1875. Upon the opening of the Court of Appeals this morning Mr. Grenville Tremain arose, and, ad- dressing the Court, presented the portrait of Hon. Rufus W. Peckham, deceased, which bad pre- viously been placed in position at the east end of the court room. Mr. Tremain then read the fol- lowing format letter of presentation :— Atnany, Jane 10, 1875. Hon. Saxvonn E. Cuvnen, Chief Justice ‘of the Court of enls:— In behalf of the Bar of the State of New York ttee having the matter in charge taxe great in presenting through you to the Court of Ap- rirait that bow hangs in the court room, of te associate, Hon. Rufus W. Peckham. ‘the eom- ee Was appoinied at the meeting of the far of the Siate more particularly to prepare a memorial volume in honor ot the deceased. Tt was suggested to the com: mittee their appointment tha further tribate ot respect for the man and che high and honorable posi- tion he occupied at the time of his death, and tn honor, also, ot his long and marked career upon the bench preine Courtand at the Bar, chat his portrait cured and presented to this Courttor the isequently to be transferred to the room the new Capitol, The suggestion was e can now contemplate with pardonable pride the aecompiishment ot both of these object, With the hope that tue manner m which the duty has been pertormed will be weeeptable to the Court and to our m aitopted. ‘protessional brethren, we remain very respecttully yours Wi LiAM W. CAMPBELL, ) PAUL F. COOPER, i 3 Committee. GRE M For the Cominitice: Lim Trewaty, Secretary. In reply His Honor the Chiet Jostice, on behalf ofthe Court, expressed his gratincation at the manner in which the committee nad executed their daty, and accepted with pieasure the mag- Nifcent pertrait of their lamented associate, which would bean ornament and honor to the court room, a8 he pad long been an ornament and honor to his profession. ‘The letter of presentation was ordered to be in- serived upon the minutes he court. NOTES. CITY HALL General Fitz John Porter, the Commissioner of Public Works, has cent to the Tammany Nall Com- mittee on Laborers’ Pay a communication similar to that which ne transmitted to the Aldermanic Committee yesterday, The special features of the document are printed in the report of the meeting of the Board of Aldermen. issioner Porter sent to Mayor Wick- ter requesting him to submit to the Com- ac tue feliowing “resolution of ordi- That in pursuance of chapter 477, section 2, he Commissioner of Puthe Works is ner directed to lay such water pipes, aered or may be oruered by. id, and each other pipes, to the insti. harge of (ne Department of Pubit @ ari Ward's and Correction, located on Siackwell's island, | Tsiand ond Randaly’s fxiand, ani sa iayimz mains neces sary to deitver sid water at higner levels and in greater quantities In the letter General Porter states the work which-is designed for this season, and estimates its cost at £500,000, 4 Axtures as he may deem necessary, to exten eBhe distribution of Cre water through lew York, including the ew wards, and | 1 | indeed, trom all classes of persons who have never here | Of the Engineer's Burean. | by it is manilest trom these two considerations :— | clares thaton jorty ous of fitty o1 ins sundays he has | had to work #tx hours for the Gepartment. In one BOARD OF ALDERMEN. SEVEN REPUBLICAN MEMBERS VIOLATE A BULE AND ABB EXCLUDED—MR. P. G. DUFFY CON- FIRMED AS POLICH JUSTIOE—THE LABORERS’ PAY. ‘The regular weekly meeting of the Board of Al- dermen was held yesterday afternoon. Unusual interest was manifested in the session because it was generally known that the name of the gen- tleman obosen by the Mayor to succeed the late Police Justice Sherwood on the magisterial bonch would be presented at it, The Aidermanic cham- ber was filled with politicians, some wondering whether or not they would be lucky enough to secure the prize in the justicesbip, others anxious about the fate of the candidates they have been urging upon the Mayor, Hope ouoyed up their souls until the name of Mr, P. G. Duffy was an- nounced, and then, though it had been snrewdly guessed that that gentleman would be the nom- tmee, despair blackenea the faces of many of them. The meeting was begun at two o’clock, Prest- dent Lewis in the chair. After some unimportant business had been transacted Alderman McCarthy offered & preamble and a sertes of resolutions, which, alter some discussion, were referred to the Commitiee on Roads. They referred to the exist- ence of the nuisance upon and in the neighbor- hood of the Harlem flats, and they are printed in another column. THE REDUCTION OF CITY LABORERS’ WAGES. Alderman Seery, from the commit:ee appointed tthe last meeting of the Board to inquire into and protest against the reduction of city laborers’ Wages, submitted a lengthy report as to their ac- tion. This report gives full particulars of the committee’s visit to the different departments and the results thereof, which have been already pub- lished in the Herap. A resolution was appended tothe report denouncing the action of the vari- ous Commissioners, and calling upon them to restore the original price of $2 for each day's work of eight hours. The question was then put on the acceptance of the report anu passage of the resoiution. REPUBLICAN MEMBERS IN CONTEMPT. ‘The roll was called, when Aldermen Billings and Howland voted in the negattve, all the others in the affirmative. Alderman Vance refuse: to vote, claiming the Board had no right to interfere upon sucha question, ‘he President deciared the re- port and resolution adopted, stating that Alder- man Vance had deciined to vote. By the rules of the Board no member can be excused from votug without the consent uf a majority of his colieagues. Here was a dilemma. Novoay moved to excuse Mr. Vi Some ridicuious motions on paria- mentary points were and the Alaermen szemed perfectly at sea as to theirduties in the premises, Aidérman Hillings raised the point that the Chairman having announced tne result of the yote no action could ve taken on Mr, Vance’s dereliction. A reconsidera- tion of the vote by wuicn the report was passed then took place. .On again calling the roil as to final passage the seven republicans refused to vote. e question as to excusing them was Jost. Their names bein; aD lied, they still per- sisted in Keeping silent. Here a scene of confusion ensued, during which the President declared the republicans in con- tempt, and denied their mgnt to vote or take any part in the proceedings o! the Board. POLICE JUSTICE DUFFY CONFIRMED, Acommunication was pow read from Mayor Wickham nominating Patrick Gavan Duffy for Po- lice Justice, in place of Thomas LD. Sherwood, de- ceased, Alderman Lysaght moved the contirma- tion of Mr, Duly, This motion was carried by a vote Oi thirteen democrats, the seven republicans sitting sttli under the aecision that they were in contempt, and, thereiore, not privileged to exer- cise rights as Aldermen. GENERAL FITZ JOHN PORTER ON THE LABOR QUES- TION, A communication was transmitted to the Com- mittee of the Board of Aidermenu by Commissioner of Public Works Porter, on the subject of laborers’ | wages. In it the Commissioner says that the pur- pose to reduce the pay of laborers was couceived during the administration of Mr. Van Nort, be- cause the city was paying much more for manual jabor than private individuals. Tne reduction, General Porter writes, woud have been made ast winter bat for the severity of the season, aud but for the distress it would Dave inflicted temporarily upon some Ol the laborers. He considers tnat, a8 @ pubic officer, it 1s his duty not to give gratuities im the city’s Money [0 any persons, and that by paying more lor labor than private employers pay he would do just this thing. Continuing, General Porter says:— And that the reduction thus made 1s notnow improper, or a real hardship upon the persons immediately aifected S ‘Fure—That, even under the present reducea ra skilled Invor is paid twenty ceuts per hour, and t optional with the laborer himself, under reasonai how many hours per day ne shall Work. ine re now long: the weather is generaily good atthis | ‘and nearly every day is available tor work in air. To the men Who work outy eight hours per day $1 6) is paid. But to those Who labor upon tne jublic Works the ten hours per day which are exacted y individual employers of the Pt it and some ot our men are ation of the fact by wort ing the extra pay; an ‘Second—That, notwithstanding the reduction of which complaint has been made to you, the applications tor employment upon the public Works irom iuvorers, and, y laborers, are by thousands in ex- totore wort a .s lity the cess of any city nas to pay them. * * . . Under these circumstances Iam at a loss to perceive how can conform to the request to rescind the regula- tions just published. The persons in whose behait the request is le have my hearty sympathy many tem- porary distress they may feel. but my duty as a public Oiticer is clear, and that is to pro.ect the interests of the city and of the laboring men themsecves ay taxpayers, by adhering to the determmation of payma ouly we Feasonabie and current rates tor both the supplies used the labor employea by this department. When, tor any Feason, L cannot purs! plain ana, honest policy, the day of my usetulness asa pudiic officer will have . ‘As soon as it can be done I shall cive to the men who reside in the lower Warus work nearer their homes, aud so epadie them to save the amount they now have to expend as car fare in reacuing tue upper end. of the isiana , where most o the work Js at present done. The Board adjourned until Thursday next, and im the meant the seven republican Aldermen Temain in contempt. TROUBLE IN THE DOCK DEPART- | MENT. BEASONS FOR GENERAL GRAHAM'S RESIGNATION— BAD PAY, MUCH WORK, RED TAPE AND CLAMOR FOR POLITICAL PATRONAGE. ‘The resignation of General Charles K. Graham, | Engineer-in-Chief of the Department of Docks, and the suppression of his letter of resignation excited unusual interést yesterday. Well in- formed persons said that 4 good deal or bitter- ness existed between General Graham ana some | of his principal subordinates, more especially the | First Assistant Engineer, Mr. Mechan, wno, it was | hinted, had served im the same capacity under General McClellan, and hoped to succeed him, General Graham himself says that his position bas been a most irksome and tantalizing one. His catalogue of grievances is quite a long one, but is principally directed agains: the old Board, for he says that the new Board, organized on May 1, has not bad time to remove the diMicaities imposed by the old. In the frst piace, he says the salary of $5,500 is Wholly inadequate for the vast labor and respon- sibility incident to this oMce, When ne took the position it was witn the understanding that his salary was to be increased in time, but this has not been done. RED TAPE. Then he complains that tae ridiculous amount of red tape in the department entatis upon hima Vast amount of correspondence, which takes up mach of nis time, to the detriment of the best interests of the department. Under tne old Cro- ton Aqueduct Department the Engineer used to be present at the deiiverations of the Board, of waoica he Was a member, and the minutes of the Board were his authority tor ail proceedings un- dertaken by him. der the present system the Engineer does not attend the board's sessions, and some aays he receives as many as ten letters from the Secretary conveying instructions to him, apd then an elaborate and compiicared corre- spondence is carried on from one room to another, while the business might be just as well trans- acted verbally im a sew minutes, The General thinks that le ought to have the appointment of | nates, and that tuer being appointed by the Board impairs the harmoty aud eMciency | THR WORST OF ALL. A point on waich ne is especially sore, and which snews now the evil of political p pervades every ramification of the mun ernment, is the clamor for labor t Jaborers are appointed by the Commissioners, but nevertbeless the General has been bothered py many Aldermen, Assemvlymen and politicians generally to snea an extent that Ne has lost much time that might otherwise have been devoted to the discharge of pis duties, So IRcessant hus been the strain upon his working capacity toat he de- word, Ne 1s disgusted with an office that no doubt viewed by many as asinecure, but in which ne has jound plenty o1 work and plenty of anno. and but litvie pay. As be can Make more moni with jar less trouble by private work he steps down and out. WHAT PRESIDENT WALES SAYS. Commidsioner Wales, who presides over the De- pariment of Docks, says tbat the Board have as yet no successor to General Grab view, He incurs with the latter in the cploten that the r should have the appointment of his subordinates, but does not feel certain as to Whether sach @ system was practicable under the present Board, ¢ Committee of Urganization— which, by the way, 18 another name for the Board—has the subject of the entire reorganiza- uon of the Engincer’s bureau under considera- ton. Mr. Wales admits the justice of some of General Graha: compiaints, and 8 the resent board, baving only been tn Oo! lay 1, has not had time to effect the reforms mplared. Ah that are conte The work of retrenchment, however, is steadily going going down to the bottoin rock, on, “We ar down to minimum force of tne department, a nd have already cus down its expend tures $55.000."" Mr. Wales says t! $5,600 1s & small salary for the office of Unicef ineer, but this 1s “a of small salaries,” and he enter- tains no doubt of being able to find a competent Successor to General Graham at that salary. Netther he nor Commissioner Westervelt haa any objection to give the letter ef General Graham resigoing his office to the press, but the last Damed gentleman preferred to let it go down to the limbo of torgotven things, He will retain his Position until bis successor is appointed. WALL STREET NOTES. FAILURE OF TURNER BROTHERS—ACTION OF THE COMMITTEE ON STOCK LIST—NEW SECURITIZS, Among the incidents on the street yesterday Was the fresh announcement of the failure of the firm of Turner Brothers. it ‘will be recollected that the failure of this old-establisned house was announced some months ago, as the result of large advances made by it to the Indianapolis, Bloom- ington and Western Railroad, as well large in- vestments in realestate in this vicinity. When Jater the house resumed business, having ap- parently recovered from the shock which had brought it down, its members were the recipients of very earnest congratulations from their friends. It seems, however, that their expectations at the time of resumption went down, witn those of many other operators, in the general sinking of railway credit tnat bas prevailed ever since Gould became the singie Jeader in tne stock market. ‘The condition of the real estate market offered them no chance of escape, and, With large assets, the firm is again forced to close t's doors. This 18 an instance of the heavy burdens capital has to bear in this prolonged Stagnation Of the industries of the nation, It 18 understood that at the time of their second sus- ension tney had paid off forty per cent of the abilities they had atthe time of their frst sus- pension, THE COMMITTEE ON THE STOCK LIST of tne Stock Exchange have recently decided that engraved signatures on bonds or certificates of stock will not be accepted in future as a ‘good delivery.” This raie does not apply to coupons. AN OLD SUIT DISPOSED OF, Despatches reached the street to the effect that Court Dad just decided the case w York Com- the United stati of Henry Clews & Co. vs. The mercial Warehouse Company, H. J. Kimball and others, in which $275,000 were involved, in favor of Henry Clews & Co. STATEMENT OF THE DELAWARE AND HUDSON CANAL COMPANY. . Length of canal. Kailroags in Pensy! Railroads in New York tidsas Coat lands in Pennsylvania with ther improve- ments, having a productive capacity of 3,00 000 to ‘000,000 tons per annuin. Leased roads—Albany and Susquehanna. Leased roads—Albany and Susquehanna, Rensselaer and 8 \d branches... ‘The Dela mn Canat Com ans for the tollowing purposes, viz. ¢ payment of its bouds due January |, 1875. ‘The payment of its bonds due April 1, 1878..... For the purchase of the lots and the construc- tion of the building now in course of erection in Cortlandt street... si Tota. $5,400,000 —have DECIDED TO ISSUB FIVE MILLION DOLLARS IN THE BONDS . OF THE COMPANY, dated October 1, 1874, payable twenty years from date, bearing interest at seven per cent, payable semi-an- nually, on the Ist of April and October in each year. ‘These bonds contain a covenant, to the effect that if the property of the company in Pennsy:vania now un- 309,000 * 850,000 encombered, should at any time before the maturity of said bonds be morwaged, such mortgage shail include and cover these bon sand the debt by them repre- ‘$1,000,000 registered é 2.000,000 Bonds $1,000 each, Nos. 8051 to 8,000 inciusive, coupon. aan cvese vee, 33000,000 Total... seesseee $5,000,000 ‘Yhe principal sum of each coupon bund may be regis- terine following condensed balance sheet shows the con- dition 2s the company atthe beginning of the preseut Total Represented by the following assets — Cost of canal. Cost of ratlror Cost of real est Cost of opening m! Cost of mine tixtas Cost of boats and barges. Cost of coal yards and ments, &c. ore Cost ot Lackawanna and Susquehanna sail- rovetn ‘sand equipment. . ‘fixtures, tools, impie- 197,429 | Total... ye 4,961,741 The commit these bonds be placed | on the ¢ list and called velaware and Hudson regis- 1894. The engraved bonds only to be a good The stock of THE RUTLAND MARBLE COMPANY ‘Was yesterday ordered to be piaced on the ‘Free List” of tne Stock Exchange. The subjoined statement was submitted The capital stock consists of 10,000 shares, $100 each, $1,005.00), representing the above property. | Ambrose, under the direction of the | with three teet ot good earth. It wi | of Aldermen, which wa: THE UPTOWN STENCH. The Proceedings at the Offi- cials’ Conference. “ALDERMAN M'CARTHY’S RESOLUTIONS. In the Board of Aldermen,.at the meeting held yesterday afiernoon, Alderman McCarthy offered @® pream and resolutions im relation to the “Harlem fats” pest bed. Ho urged that they should be immediately adopted, a8 the nuisance was one that ought to be speedily remedied. A discussion followed the presentation of the resolu. tions in which several of the Aldermen took part, ‘The resolutions were finally referred to the Board’ Committee on Roads. The tollowing are the resolutions:— Whereas it is of the greatest importance that the nt. sance occasioned by the fliling in ot the Harlem fla located east of Third avenue, between Nincty. and L04th streets, should be abated, as tt militates again the nealth of the residents ia that vicinity and has a depressing effect npon raal estate, and whereas a, con fe by the Department of Puulic Works for wreater portion of this marsh, which wag ut did not provide, or at least if visabie, to raiso the suriace tos height more than suficient to prevent its being over: flowed by ordinary tides. a greater portion of the said niarsh and other marsh land in the vicinity is now being filled in by the owners of the property by porae contract, put t6@ height only corresponding wi portion filed in by contract with the De} ublic Works, and now is and will so to be, overtlowed by the exceptionally high that ‘eccur about once m every ionth if the filling is permatted to remain atthe present level. This constant saturation of the matter filled in, through which the original mud and decayed vegetation of a succession of years, beyond the knowledge of the oldest inhabitant, exudes, 1s by the action of the sun in war Weather evaporated and cayses the nuisance complain otyand whereas it is clear that tue most effective, if not the only method to abate the evil, ts by covering the en ure ‘face with good and wholesome earth to a heignt suMcient to prevent its overfiow by the spring tides, which at cersain intervals cover the entire area wi salt water, and upon receding leaves the miasmatical depression in the surtace filled, where 1t remains until evaporation removes it and thé casterly winds waft it, tovether with the noxious exhwlation that exudes trom the marsh, over the ¢urrounding and thickly populated neigbborhood ; be ik, therefore Resolved, that the Commissioner of Public Works and he is hereby requested to examine critically work of Uilling the Muriem fats, pertormed under the supervision and by contract with his predecessor in office: and if the power is yet in thataepartment and the remedy mentioned in the preamble to this resolution is approve. by him, that he cause the work of increas ing the height of the filling to be commenced instantly, and im the most, expeditious manner to be completes and to a level sufficient to prevent any overtiowing, even by the highest tide: nd be it farther Kesoived. ‘hat the said Commissioner of Pablic Works bo and he 1x hereby requested to couter with the Boal ot Healih in respect to the apove proposition for tne abatement of the nuisance. and if it meets the approval ot that Board then that immediate steps be taken to Sree! the owners of property now having the same filled in by sweepings from the streets and other retuss matte: to coniorin to the same grade of diling and with like good and wholesome earth as is or will be required ot the contractor by the Commissioner ot Pubiic rks, and also that the under drainage ot the entire ai inspected and it tound defleient improved. THE OFFICIAL CONFERENCE. The following document was issued yesterday afternoon irom the oitice of the Commissioner of Public Works, General Porter. It details the pro- ceedings ana resuits of the conference had Dy General Porter, the Health Commissioners an Mayor Wickham in the Mayor's oltice yesterday afternoon :— ‘The meeting of the Commissioner of Public Works and the Health Commissioners, held at the Mayor's oitico on Wednesday, adjourned to meet at the Department of Public Works ¥ other records relating amined. There were present Mayor Wickban sioner Fitz John Porter, Health Commissioners Chand. ler and Janeway, Mr.’ Towle, Engineer in charge of sewers, and Dr. Viele, the Health Inspector in charge of the district. Itwasshown by the records that for the past six years work has been in. progress for the ame- ‘ation of this district, the only remedies possibi s—rilling snd araining having been pushed on a: rapidly as the circumstances of the case permitted. The laws applicable to this district require that the improves ments shall not cost more than one-half the asse: vaiue of the property benefited. As these TIDAL, LANDS ARE ASSESSED at a merely nominal value, for the reason that they are not yet available for building purposes, the very im- provements necessary to make thew ‘so—draining and i ing—are, in many cases, often on. the worst spous, legally outof the question.’ The completion ot Lexing: ton avenue is delayed by the fact that the contractor whom the contract has been awarded is in detauit on another contract toa sinall amount. which is a legal bat to his undertaking the work. ‘Ihe completion of Madi- son avenue is delayed by the assertion in the Comptroil- er's office that the cost of the work will exceed haif assessed vaiue of the property. the completion of First avenue is at present itnpossible, as THK BROWN CONTRACT 18 IX COURT and nothing can fe done until the Jegal questions are decided. ‘Ibe completion of the outlet sewers tor this district is delayed by the Fourth avenue improvement Brown injunction on First avenue. the fille lying cast of third avenue and south of i now under contract to Jones and MoQuaae, wheo and will be pushed as rapidly as possible, ana whet Nnished will entirely relieve inis portuon of ‘the district, ‘The filing of the area Lerween 105th and 107th. stree Madison and Third avenues, is in progress by Mills ani properiy owne: n the order of the Health Department. This work wil d being covered found that the most expeditious way to accomplisn the filling of the blocks between lu6th and 108th sirects and east ‘Third avenue. which 1s by tar the worst portion ot the entire district; of the area bounded by 105th and 10vty streets, Third and Fitth avenues: the area bounded by be completed this week, the ashes | Ninety-sixth ana 106th streets, Fourth and Fitth avenues and the area bounded by 105d and 104th streets, 1 hil and Fourth avenues, is by special authority of the Board ‘asked tor yesterday, under, fsa drains will be constructed by the Department of Puvlic Works in connection with the filling and grading, to take the piace ot ‘THE OLD WATER COURSES which are cui off, as soon as the temporary structa’ | ef the Fourth avenue improvement are removed ai the A pag sewers completed, which will be in atew weeks. Ip the meantime the Health Deparrment has sent thy entire disinfecting corps, with fifty barrels of dead and 2”) barrels ot metallic salts, to thoroughly disintect the stagnant pools ot water. PREVENTION OF CRIME. MEETING OF THE ASSEMBLY COMMITTEZ—TES- TIMONY OF PRESIDENT MATSELL. ‘Their property oa hand not necessary to their produc- tion of murble consist: Manufactured marble..... is receivable and open ac Real estate In New York and Brooxiyn.. Store goods. . Total... “3 ‘The company's liabilities are Mortgages on New York and lbrooklyn property..$24,0°0 payable.......... seee 28,000 Total... soe THE PRODUCE EXCHANGE, The old Board of Managers gave place yester- Gay to the new one, alter passing complimentary Fesolutions to their officers. The new Board, onder President B. W. Floyd, organized in the ternoon, when the following appointments were | announced :— Secretary of the Board and of the Exchange— | Mr. E. W. Mascord. qnetintenaent of the Exchange—Mr. 8. H. rant. Finance Committee—Messrs. Spears, Stark and Hincken. Com: ee on Rooms and rixtures—Messrs. Livermore, Ameiung and Wyncoo) Martin and Mascora, Law Committee—Messrs. Stark, Fioor Committce—messrs, Spaulding, McGee and Hicks, Committee on Naval Stores—Messrs, John Camerden, R. W. Paterson, F. R. Routh, R, A. Rountree and Frederick Rose. Committee on Lighterage—Messrs, George FA. | Webster, Lanson Boyer, KH. Tenvroeck, D. M. | Munger and P. C. Tet. Committee to, Nominate the Arbitration Com- mitiee—Messrs. Philips, Spear and Hicks. The appointment of other standing committees Was deferred until tne next meeting. SEIZURE OF A CUBAN STEAMER. For the last two montns the attention of Unitea States District Attorney Bliss has deen called to the fact that tne large steam yacnt Octavia, now | lying at @ Brookiyn cock, was about being pur chased by the Cubans, to be engagea in a filipus- tering expedition, The vessel was built for Messrs. J. & W. Kinnaird. She ts a remarkably handsome and swift sailing craft, and has been jor some time in the hands oi 4 well known steam- snip broker tor sale. On Wednesday jast Collector Arthur, at the request of Mr. Bliss, tiat the vessel mignt be put under surve gave the necessary order. A vessel belot the revenue marie was acco ‘dingly placed on | Watch, but by some misunderstanding the Octavia was seized yesterday contrary to the Collector's Wishes, he inteodiny to wait for some overt act betore proceeding to exerciae tho prerogatives of the international jaws, The vessel was not coaled and consequently not ready to pro- ceed on her voyage, and the Cubans, being now forewarned, will have to give their attention to some other swiit-salling craft. Jt may ve re- membered that the mere carrying of arms 1s not held hs a preach of the neutrality la’ not constituing an expedition, SLAUGHTERED ON THE RAIt, Yesterday morning County Physician Stout, of Hudson county, New Jersey, neld @ post-mortem examination on the pody of Patrick Dowling, ot Cherry street, New York, who was killed on the Weehawsen branch of the Erie Ratlroad on tne evening previous. Dowling came irom his home to the oil docks in search 01 employment, on his retarn when @ locomotive ran him down. A piece of iron attached to the tender ran into bia thign end through aig body and fis skall was fractured. Deatn resulted instantly. Deceased Was twenty-seven years old, a cooper by trade, was & member of Cooper Union No, 2, and leaves atemily, The doctor grantea @ permit for ourtal. tat act | G and was | The committee appoluted by the resolution of | the Assembly to sit Guring the recess of the Legis lature for the purpose of investigating the cause of the increase of crime in New York city met yew | terday, at two o'clock, in the old chamber of th¢ | Board of Aldermen, | as their counsel. Mr. John D. Townsend acted The iull committee was present, including Messrs. Campbell, Dessar, McGowan, Hess and Husted. Mr. Townsend sald the committee woud examine the Boara of Police, the Commissioners of Charities and Correction, the Police Gout Judges, the various Judges of the criminai courts, the District Attorney, &c. The three great causea of crime in New York were intemperance, prosti- tution and gambling, Almost ail toe crime we bad covid finally be traced to our groggeries, houses of ill-iame and gambdiung dens. Tus pur- poses of this Investigation are \o estaolisn where | ali Luis crime comes from, to detect dishouest om. | clals and enable the Legisiature to pass laws which wWul go toward the suppression of vice. President Matsell, of the bourd of Police Come Missioners, was cailed, ana, neing examiied by | Me. townsend, said:—I am President of tae Police Board, Have been so abuut oue year. Prior to tha time was Superintendent of Police tor about a year anda half. Was Cnlef of Police tn 1845, Have been an observer of police Matters also for the past thirty years and un editor. Tne daties of the Commissioners are the direction and govern ment of the police jorce. The duties of ine Super intendent are to execute the rules laid down by the Commissioners, Atl orders originate with the Commissioners. The vooks contaiming rules aad regulations are not priuted, but are on file in the Covel Cierk’s otf General orders are sent through the captains on ut, A portion of the duues of (he Commissioners 18 to hoid trials, and among the special duties 1s the management { the Street Cieaoing Bureau. Regaratog tne | having this ander tue Police Board, 1 shouid say that the ieast outside encumbrances the Commis- mioners bud the better. Haye meetings of com- mitiees every day excepting Saturdays. Three cays & Week were given to meetings uf the com- mittee on street cieaning. All reports of tue Superintendent came to the Commissioners, but ali complain's do not. Tne Superintendent has discretionary power in this respect. Not all the acts of the Saperimtendent come to the knowk edge of the board, The duties of the Superinten- dent do not go beyond the Police Department He executes rules made by the Commissioners. General and Specific duties of inspectors were t¢ ins t divistous., The object of the force was the protection of lite, lime and preperty. There were 2,300 men on the force. There are 10 special men, There are thirty-five preeimets. There are not enough patrolmen, Our city is incceasing every year, and the lorce showid be increased propor. tonately. We want 109 more mep. We have appoms 100 mea morte every J we see fit, pub the Board ot Apportionment wilt mot pay them, so Wo cannot employ them. ‘The Treasurer of the Hoard fas power to draw on the city only in cases of riot. The President has power to draw money to pay extra men, but there iso money in the treasury todraw. We have ehvuga nen to punt | up crime; what we want is more men on post to protect citizens an’ prevent crime while | the people sleep. Vatrolmen do ail they can to | hunt up crime, but are not detectives. These | men’s duty ts to hunt wp criminals. We have nos | time enongh to give proper instraction vo these | | to men, aa there are $0 low that they can only be allowed a month each for learning, and tne re- mainder is taught them while they do auty. Ws appony men iFOM personal application or py recommegsdation, We prefer to appoint thosa Who apply, bot hose recommended, By the law Of 1864 We are Ordered tordestroy ali gamblers’ t a8 $000 #8 Captured; put by a resolution o the Buard, passed petore | was in it, we surrender the tools a# soon as the men are acquitted. Tar Board ke into consideration what sug gestions they can make to this committee for thé better prevention of crime, pa a og sieves to go, and the djourned uatl W pty i Wednesday next a